HomeMy WebLinkAboutCC 1998-09-08 MinutesCITY OF MIAMI
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COMMISSION
MINUTES
OF MEETING HELD ON September 8, 1998 (Regular Meeting)
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foeman/City Clerk
INDEX
MINUTES OF REGULAR MEETING
September 8,1998
ITEM NO. SUBJECT LEGISLATION
1. CONDOLENCES TO FAMILY OF CHARLES COX ON HIS 9/8/98
FATHER'S UNTIMELY PASSING. DISCUSSION
1-2
2. PRESENTATIONS AND PROCLAMATIONS. 9/8/98
DISCUSSION
2
3. (A) DEFER CONSIDERATION OF AGENDA ITEM 2
9/8/98
(PERMITTING UNDAMAGED PORTION OF EXISTING
M 98-823
WALL ENCROACHMENT ADJACENT TO 3528 ROYAL
M 98-824
PALM AVENUE); 10 (PROPOSED SECOND READING
R 98-825
ORDINANCE FOR NEW REGULATIONS FOR TRASH
M 98-826
DISPOSAL); I (PROPOSED SECOND READING
3-9
ORDINANCE AMENDING CHAPTER 2/ARTICLE II OF
CODE AND ADDING LANGUAGE TO CLARIFY
SECTION 4 (g)(6) OF CHARTER RELATED TO
REMOVAL OF CITY MANAGER); 12 (AMEND SECTION
53-181 OF CODE : USER FEES FOR JAMES L. KNIGHT
CENTER); 13 (AMEND CHAPTER 42/ ARTICLE V OF
CODE: POLICE VEHICLE IMPOUNDMENT); 14 (AMEND
CHAPTER 22, ARTICLE I, SECTION 22-12 OF CODE
EXEMPTING RESIDENTIAL CONDOMINIUMS /
CONDOMINIUMS ASSOCIATIONS / CO-OPERATIVES
AND CO-OPERATIVE ASSOCIATIONS FROM
SUPPLEMENTAL WASTE FEES); 15 (AMEND SECTION
22-117(fl OF CODE INCREASING ADMINISTRATIVE FEE
TO TWENTY PERCENT OF ACTUAL EXPENSES
INCURRED BY CITY WHEN CORRECTIVE ACTION IS
TAKEN TO REMEDY VIOLATIVE CONDITION ON LOT
OR PARCEL OF LAND) TO SCHEDULED MEETING OF
SEPTEMBER 28, 1998.
(B) DEFER CONSIDERATION OF AGENDA ITEMS 33
(REJECT PROTEST BY MEDAPHIS, INC.); 34 (REJECT
PROTEST BY ADVANCED DATA PROCESSING, INC.); 35
(ACCEPT RECOMMENDATION OF EVALUATION
COMMITTEE FOR EMERGENCY BILLING AND / OR
COLLECTION SERVICES) TO SCHEDULED MEETING
OF SEPTEMBER 28, 1998 MEDICAL SERVICES.
(C) CHANGE TIME TO BEGINNING SCHEDULED
MEETING OF-SEPTEMBER 28, 1998 FROM 2 PM TO I
PM.
(D) DEFER CONSIDERATION OF AGENDA ITEM 37
(RESCIND RESOLUTION 97-784 / AUTHORIZE CITY
ATTORNEY TO ENGAGE FIRM OF TEW AND BEASLEY,
PA TO SERVE AS LEGAL COUNSEL IN CONNECTION
WITH DELOITTE & TOUCHE LITIGATION
PROCEEDINGS).
4. CONSENT AGENDA.
9/8/98
DISCUSSION
10-12
4.1
AUTHORIZE PURCHASE OF TEN (10) POLICE SERVICE
9/8/98
DOGS FROM METRO DADE K-9 GUARD DOGS - FOR
R 98-827
POLICE --ALLOCATE $65,000. FROM POLICE
13
DEPARTMENT GENERAL OPERATING BUDGET, FY '98-
99 ($32,500) AND FY '99-2000 ($32,500), ACCOUNT CODE
NO. 001000.290201.6.875.
4.2
AUTHORIZE INCREASE IN FUNDING FOR
9/8/98
ALTERNATIVE PROGRAMS, INC. -- ALLOCATE
R 98-828
$75,000, FROM THE LAW ENFORCEMENT TRUST FUND,
13
PROJECT NOS. 690001, 690002, AND 690003.
4.3
ACCEPT BID: R. L. SAUM CONSTRUCTION CO., -- FOR
9/8/98
"PEACOCK PARK LIGHTING AND BOARDWALK, B-
R 98-829
3263"-- ALLOCATE $282,495.00 FROM PROJECT NO.
14
331359, AS APPROPRIATED BY THE FISCAL YEAR 1997-
1998 CAPITAL IMPROVEMENT ORDINANCE NO. 11623,
, AND FROM COCONUT GROVE SPECIAL DISTRICT
FUND PROJECT NO. 119001, TO COVER CONTRACT
COST AND $50,037 TO COVER ESTIMATED EXPENSES -
- FOR TOTAL COST OF $332,532.
4.4
ACCEPT BID: HORSEPOWER ELECTRIC, INC. -- FOR
9/8/98
"CORAL GATE PARK SPORTS LIGHTING PROJECT -
R 98-830
SOFTBALL FIELD, B-6290 -- ALLOCATE $79,249.00
14
FROM PROJECT NO. 332133, AS APPROPRIATED BY
FISCAL YEAR 1997-1998 CAPITAL IMPROVEMENT
ORDINANCE NO. 11623.
4.5
ACCEPT BID: BENNETT ELECTRIC SERVICE
9/8/98
COMPANY, INC. -- FOR "HADLEY PARK SPORT
R 98-831
LIGHTING PROJECT -- FOOTBALL, B-6289 - ALLOCATE
15
$108,685.00 FROM PROJECT NO. 331391, AS
APPROPRIATED BY FISCAL YEAR 1997-1998 CAPITAL
IMPROVEMENT ORDINANCE NO. 11623.
4.6
ACCEPT BID: INLAND ENGINEERING CONTRACTORS,
9/8/98
INC. -- FOR "CITYWIDE LOCAL DRAINAGE PROJECT
R 98-832
E-74, B-5632" -- ALLOCATE $444,255.00 FROM PROJECT
15
NO. 352231, AS APPROPRIATED BY FISCAL YEAR 1997-
1998 CAPITAL IMPROVEMENT ORDINANCE NO. 11623.
4.7 RENEW CITY 1998 MEMBERSHIP IN UNITED STATES 9/8/98
CONFERENCE OF MAYORS -- ALLOCATE $9,487.00 R 98-833
FROM SPECIAL PROGRAMS AND ACCOUNTS, 15
ACCOUNT NO. 920210-760.
4.8 AUTHORIZE REIMBURSEMENT TO CITY GENERAL 9/8/98
FUND, IN AMOUNT NOT TO EXCEED $600,024 -- FROM R 98-834
LAW ENFORCEMENT TRUST FUND, PROJECT 16
NUMBERS 690001, 690002, AND 690003.
4.9 AUTHORIZE CONTINUED FINANCING OF 9/8/98
PROTRACTED, COMPLEX INVESTIGATIONS BY R 98-835
POLICE DEPARTMENT, IN AN AMOUNT NOT TO 16
EXCEED $350,000 -- ALLOCATE FUNDS, FROM LAW
ENFORCEMENT TRUST FUND, PROJECT NUMBERS
690001, 690002 AND 690003.
4.10 DECLARE SURPLUS APPROXIMATELY 5,000 SQUARE 9/8/98
FEET OF CITY -OWNED REAL PROPERTY WITH R 98-836
IMPROVEMENTS LOCATED AT APPROXIMATELY 3410 16
FROW AVENUE, MIAMI, FLORIDA, (THE "PROPERTY")
-- AUTHORIZE CITY MANAGER TO SELL THE
PROPERTY IN ACCORD WITH ESTABLISHED
PROVISIONS.
4.11 AUTHORIZE CITY MANAGER TO EXECUTE 9/8/98
REVOCABLE LICENSE AGREEMENT ("AGREEMENT") , R 98-837
WITH GRAND BAY HOTEL PARTNERS, LTD. -- FOR 17
USE OF MIAMI MARINE STADIUM PARKING LOT,
LOCATED AT APPROXIMATELY 3601 RICKENBACKER
CAUSEWAY, -- FOR TEMPORARY PARKING
ACCOMMODATIONS.
4.12 ACCEPT PLAT: PHT/JMH MENTAL HEALTH NO. ONE. 9/8/98
R 98-838
17
4.13 AUTHORIZE SETTLEMENT: ($36,950.00) SHIRLEY 9/8/98
WARNER AND RIVIANN JERRY, HER DAUGHTER, R 98-839
CASE NO. 97-806-CIV-GRAHAM, RELEASING CITY, ITS 17
PRESENT AND FORMER OFFICERS, AGENTS AND
EMPLOYEES, EXCEPT FOR DEFENDANT DEWAYNE
PINKNEY, FROM ANY AND ALL CLAIMS AND
DEMAND -- ALLOCATE FUNDS FROM SELF-
INSURANCE AND INSURANCE TRUST FUND, INDEX
CODE NO. 515001.424401.6.661.
4.14 AMEND RESOLUTION TO APPROVE ELEVEN 9/8/98
INDIVIDUALS ELECTED -- ACCEPT CITY CLERK'S R 98-840
CERTIFICATION AND DECLARATION OF OVERTOWN 18
ADVISORY BOARD ELECTION HELD AUGUST 13, 1998.
4.15 ACCEPT BID: METRO USA -- FOR INSTALLATION OF
LIGHT BARS AND SIRENS -- FOR POLICE AND FIRE -
RESCUE EMERGENCY RESPONSE VEHICLES, -- FOR
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION -- ALLOCATE $39,500.00 FROM THE
CAPITAL IMPROVEMENT PROGRAM, "'REPLACEMENT
OF CITY-WIDE FLEET" PROJECT NO. 311850.
4.16 APPROVE REFURBISHMENT OF FOUR (4) SPORT
COURTS AT VARIOUS CITY PARKS BY AAA COURTS,
INC., AND AGILE COURTS CONSTRUCTION CO. INC. --,
FOR PARKS AND RECREATION -- ALLOCATE $72,135.00
FROM SAFE NEIGHBORHOOD PARKS BOND PROGRAM
FUNDS AS APPROPRIATED BY CAPITAL
IMPROVEMENT ORDINANCE NO. 11623.
4.17 APPROVE PROCUREMENT OF DEMOLITION SERVICES
FROM N.A. LAND CLEARING, INC - DEMOLITION
MASTERS, INC., AND LANGO EQUIPMENT SERVICES
AT BLANCHE PARK AND STEARNS PAR -- FOR PARKS
AND RECREATION -- ALLOCATE $10,000.00 FROM
SAFE NEIGHBORHOOD PARKS BOND PROGRAM BY
CAPITAL IMPROVEMENT ORDINANCE NO. 11623.
4.18 APPROVE FURNISHING / INSTALLATION OF PARK
EQUIPMENT AT VARIOUS CITY PARKS FROM
VARIOUS VENDOR -- FOR PARKS AND RECREATION;
ALLOCATE $62,832 FROM SAFE NEIGHBORHOOD
PARKS BOND PROGRAM FUNDS AS APPROPRIATED
BY CAPITAL IMPROVEMENT ORDINANCE NO. 11623.
4.19 APPROVE FURNISHING AND INSTALLATION OF SOD
AT ALLAPATTAH COMSTOCK PARK AND DOUGLAS
PARK FROM THOMAS MAINTENANCE SERVICES,
INC., -- FOR PARKS AND RECREATION -- ALLOCATE
$78,277.50 FROM SAFE NEIGHBORHOOD PARKS BOND
PROGRAM FUNDS AS APPROPRIATED BY CAPITAL
IMPROVEMENT ORDINANCE NO. 11623.
4.20 ACCEPT BIDS: SOVEREIGN CONSTRUCTION, INC., --
FOR FURNISHING AND INSTALLATION OF STEEL
PICKET FENCING AT SEWELL, ALICE WAINWRIGHT,
AND AT14ALIE RANGE CITY PARKS -- AND RONALD
M. GIBBONS) FOR FURNISHING AND INSTALLATION
OF STEEL PICKET FENCING AT CORAL GATE CITY
PARK -- FOR PARKS AND RECREATION -- ALLOCATE
$77,860.49 FROM SAFE NEIGHBORHOOD PARKS BOND
PROGRAM FUNDS AS APPROPRIATED BY CAPITAL
IMPROVEMENT ORDINANCE NO. 11623.
9/8/98
R 98-841
18
9/8/98
R 98-842
18
9/8/98
R 98-843
19
9/8/98
R 98-844
19
9/8/98
R 98-845
20
9/8/98
R 98-846
20
4.21 ACCEPT BID: F BENNETT ELECTRIC SERVICE CO. INC.
-- FOR "FERN ISLE PARK SPORT LIGHTING
IMPROVEMENTS B-6284" -- ALLOCATE $108,750.00
FROM PROJECT NO. 333103, AS APPROPRIATED BY
FISCAL YEAR 1997-1998 CAPITAL IMPROVEMENT
ORDINANCE NO. 11623.
5. DISCUSS APPOINTMENT AND CONFIRMATION OF
CITY MANAGER, INCLUDING SALARY AND BENEFITS
TO BE PAID TO CITY MANAGER. — SCHEDULE
CONFIRMATION OF DONALD WARSHAW AS CITY
MANAGER FOR SPECIAL MEETING OF SEPTEMBER 14,
1998, AT 4 PM.
6. AUTHORIZE CITY MANAGER TO ALLOCATE ($60,000)
FROM CITY-WIDE STREETS AND SIDEWALKS
PROJECTS, PROJECT CODE 799226, FUNDED BY 24TH
PROGRAM YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDS, -- FOR MAKING
SOFTBALL FIELD IMPROVEMENTS ON PORTION OF
LOT LOCATED AT 1501 N.W. 3RD STREET.
7. AUTHORIZE CITY MANAGER TO REALLOCATE
$300,000 OF AVAILABLE COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM CONTINGENCY
FUNDS (700022-700023) -- FOR CITY-WIDE LOT
CLEARANCE, PROJECT NO. 799229 -- TO CONTINUE
LOT CLEARANCE EFFORTS IN LOW AND MODERATE
INCOME TARGET AREAS — COMMENTS ON NEED FOR
MORE FUNDS FOR LOT CLEARING PURPOSES AS
WELL AS TO POST VIOLATION NOTICES ON
OVERGROWN LOTS -- FURTHER COMMENTS ON NEED
FOR CITY MANAGER TO INSTRUCT STAFF TO
DEMOLISH BURNED STRUCTURE ON 1st AVENUE AND
19 STREET.
8. PERSONAL APPEARANCE: CAPTAIN FERRER TO
DISCUSS PROGRESS MADE CONCERNING NOISE
ABATEMENT AT MIAMI INTERNATIONAL AIRPORT --
DIRECT ADMINISTRATION TO COMMUNICATE
REGULARLY WITH MIAMI DADE COUNTY ON SAID
ISSUE.
9/8/98
R 98-847
21
9/8/98
M 98-848
21-31
9/8/98
R 98-849
31-32
9/8/98
R 98-850
32-3 5
9/8/98
M 98-851
35-38
9.
(A) PERSONAL APPEARANCE: OLGA FRAGA FROM
9/8/98
COCONUT GROVE CHAMBER OF COMMERCE TO
DISCUSSION
REQUEST PERMISSION TO PRODUCE SPORTS-
38-41
ORIENTED COMMUNITY EVENTS COINCIDING WITH
SUPER BOWL WEEKEND (JANUARY 23 AND 24, 1999). -
DEFER TO NEXT AGENDA FOR FURTHER
CONSIDERATION.
(B) COMMENTS REGARDING VIDEOTAPING OF WILL
SMITH VIDEO AT WATSON ISLAND.
10.
DISCUSS / DEFER TO LATER IN SESSION (IN ORDER TO
9/8/98
OBTAIN MORE DOCUMENTATION) CONSIDERATION
DISCUSSION
OF AGENDA ITEM 29 (PROPOSED AUTHORIZING AND
41-44
DIRECTING CITY MANAGER TO INCLUDE $25,000,000
TO BE MADE AVAILABLE FROM FUTURE SECTION 108
LOAN GUARANTEES AS MATCHING FUNDS FOR
MIAMI DADE COUNTY EMPOWERMENT ZONE) - SEE
LABEL 14.
11.
EMERGENCY ORDINANCE TO AMEND INITIAL
9/8/98
RESOURCES AND INITIAL APPROPRIATIONS FOR LAW
ORDINANCE
ENFORCEMENT TRUST FUND, PURSUANT TO
11695
ORDINANCE NO. 9257, -- PROVIDE FOR INCREASE OF
44-46
$3,000,000 FROM FORFEITURES. -- COMMENTS ON
NEED TO REDUCE POLICE OVERTIME.
12.
DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM
9/8/98
9 ( PROPOSED EMERGENCY ORDINANCE AMENDING
M 98-852
CHAPTER 4, ARTICLE 1, OF CODE: "ALCOHOLIC
46-54
BEVERAGES, IN GENERAL," TO ADD NEW SECTION 4-
14 ENTITLED "COCONUT GROVE CENTRAL
COMMERCIAL DISTRICT (SD-2) DISTANCE
REQUIREMENTS," TO LIMIT THE NUMBER OF 4 C.O.P.
QUOTA ALCOHOLIC BEVERAGE LICENSE LICENSEES,)
FOR SPECIAL COMMISSION MEETING OF SEPTEMBER
14, 1998, AT 4 P.M.- REQUEST ADMINISTRATION TO
HOLD PUBLIC HEARING WORKSHOP ON SEPTEMBER
11, 1998, AT 4 P.M. - COMMENTS REGARDING NEED TO
IDENTIFY DEPARTMENTS OR COMMISSIONER
SPONSORING POCKET ITEMS . - REQUEST LIST OF
LIQUOR BARS BY DISTRICT WHICH CLOSE LATE.
13.
APPROVE FIRST READING ORDINANCE AMENDING
9/8/98
SECTION 53-181(4) OF CODE ENTITLED "SCHEDULE
FIRST READING
OF FEES" -- REVISE PARKING RATES AT THE JAMES L.
ORDINANCE
KNIGHT INTERNATIONAL CENTER PUBLIC PARKING
54-55
FACILITY.
14. (A) REMOVE RESTRICTION WHEREIN NO FUTURE
9/8/98
SECTION 108 LOAN GUARANTEES WOULD BE
M 98-853
AUTHORIZED WITHOUT COMMISSION APPROVAL IN
R 98-854
CONNECTION WITH MATCHING FUNDS - FOR
55-71
EMPOWERMENT ZONE - DIRECT MANAGER TO
PRESENT FUTURE SECTION 108 LOAN PLEDGES AS
PART OF MANAGER'S RECOMMENDATIONS FOR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
SECTION 108 FUNDS - COMMENTS REGARDING NEED
FOR WYNWOOD TRADE ZONE TO CLEAN AREA
SURROUNDING BUILDING BEFORE IT OBTAINS
CERTIFICATE OF OCCUPANCY.
(B) AUTHORIZE / DIRECT CITY MANAGER TO
INCLUDE $25,000,000. IN RECOMMENDED BUDGET TO
BE MADE AVAILABLE OVER TEN YEARS FROM
FUTURE SECTION 108 LOAN GUARANTEES - AS
MATCHING FUNDS FOR EMPOWERMENT ZONE -
CLARIFY PREVIOUS DESIGNATIONS MADE AND
APPROVED BY COMMISSION FOR PARROT JUNGLE
AND WYNWOOD TRADE ZONE PROJECT (PHASE II) --
DIRECT CITY MANAGER TO WORK CLOSELY WITH
GOVERNANCE BOARD IN ORDER TO USE TAX FREE
DEVELOPMENT BONDS TO PROMOTE DEVELOPMENT
IN TARGET AREAS (SEE LABEL 10).
15. APPROVE ISSUANCE OF $28,000,000. CITY OF MIAMI 9/8/98
FLORIDA HEALTH FACILITIES AUTHORITY, HEALTH R 98-855
FACILITIES REVENUE REFUNDING BONDS (MERCY 71-76
HOSPITAL PROJECT) SERIES 1998.
16. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 9/8/98
17 (PROPOSED FIRST READING ORDINANCE DISCUSSION
AMENDING CHAPTER 2 / ARTICLE XI / DIVISION 6 OF 76-78
CODE ENTITLED "ADMINISTRATION / BOARDS,
COMMITTEES, COMMISSIONS / MIAMI SPORTS AND
EXHIBITION AUTHORITY."
17. APPROVE FIRST READING ORDINANCE AMENDING 9/8/98
CHAPTER 54 OF CODE, ENTITLED "STREETS AND FIRST READING
SIDEWALKS -- AMEND SECTION 54-190, ENTITLED ORDINANCE
"NONSTANDARD STREET WIDTHS" - ADD WEST 78
DRIVE, BETWEEN MATHESON AVENUE AND
STEWART AVENUE, IN COCONUT GROVE
NEIGHBORHOOD.
18. APPROVE FIRST READING ORDINANCE ABOLISHING 9/8/98
THE TAX-EXEMPT PROPERTY STEERING COMMITTEE FIRST READING
- DIRECT CITY CLERK TO SEND THANK YOU LETTERS ORDINANCE
TO COMMITTEE MEMBERS. 79
19. APPROVE FIRST READING ORDINANCE AMENDING
CHAPTER 54/ARTICLE IX OF CODE, ENTITLED
"STREETS AND SIDEWALKS/COCONUT GROVE
SPECIAL EVENTS DISTRICT", -- PROVIDE THAT CITY
COMMISSIONER APPOINTED EX OFFICIO NONVOTING
MEMBER OF THE COCONUT GROVE STANDING
FESTIVAL COMMITTEE MAY BE DESIGNATED BY
CITY COMMISSION AS CHAIRPERSON OF SAID
COMMITTEE.
20. APPROVE FIRST READING ORDINANCE AMENDING
CHAPTER 2, ARTICLE IV, DIVISION 12, OF CODE
ENTITLED "ADMINISTRATION, DEPARTMENTS,
MANAGEMENT AND BUDGET DEPARTMENT", ENACT
ANTI -DEFICIENCY ORDINANCE TO SET FORTH
REGULATIONS TO ENSURE THAT DEPARTMENTS AND
INDIVIDUALS WITH AUTHORITY TO OBLIGATE OR
DISBURSE CITY FUNDS DO NOT EXPEND FUNDS
DURING A FISCAL YEAR IN EXCESS OF THOSE WHICH
HAVE BEEN APPROVED IN A DULY ADOPTED
BUDGET - DIRECT CITY MANAGER NOT TO
SCHEDULE ITEM FOR SECOND READING UNTIL
AGREEMENT HAS BEEN REACHED WITH UNIONS.
21. APPROVE FIRST READING ORDINANCE AMENDING
CHAPTER 2, ARTICLE IV, DIVISION 2, OF CODE
ENTITLED "ADMINISTRATION, DEPARTMENTS
PLANNING, BUILDING AND ZONING DEPARTMENT",
TO ESTABLISH INSPECTION AND SERVICE FEES FOR
TRANSFERS OR CHANGES OF NAMES FOR
CERTIFICATES OF USE.
9/8/98
FIRST READING
ORDINANCE
79-80
9/8/98
FIRST READING
ORDINANCE
81-88
9/8/98
FIRST READING
ORDINANCE
89
22. ESTABLISH OCCUPATIONAL LICENSE EQUITY STUDY 9/8/98
COMMISSION ("COMMISSION") -- FOR R 98-856
RECOMMENDING CHANGES TO OCCUPATIONAL 89-90
LICENSE TAX RATES.
23. APPOINT MIRTA GUERRA- AGUIRRE TO 9/8/98
OCCUPATIONAL LICENSE EQUITY STUDY R 98-857
COMMISSION. 91
24. AUTHORIZE CITY MANAGER TO EXECUTE 9/8/98
PROFESSIONAL SERVICES AGREEMENT, WITH KATZ, R 98-858
KUTTER, ALDERMAN, HAIGLER, BRYANT & YON, P.A., 92-94
-- FOR FEDERAL GOVERNMENT LOBBYING AND
CONSULTING SERVICES -- ALLOCATE $100,000.
INCLUSIVE OF EXPENSES FROM ACCOUNT CODE NO.
920216-270. - DIRECT CITY MANAGER TO
COORDINATE SAID MATTER WITH OFFICE OF
MAYOR.
25.
AUTHORIZE CITY MANAGER TO EXECUTE
9/8/98
PROFESSIONAL SERVICES AGREEMENT WITH LAW
R 98-859
FIRM OF GREENBERG, TRAURIG ET. AL., -- FOR
95-96
FEDERAL GOVERNMENT LOBBYING AND
CONSULTING SERVICES - ALLOCATE $100,000.00
INCLUSIVE OF EXPENSES FROM ACCOUNT CODE NO.
920216-270.
26.
AUTHORIZE CITY MANAGER TO ISSUE REQUEST FOR
9/8/98
QUALIFICATIONS - FOR LOBBYING TEAM TO
R 98-860
REPRESENT CITY IN TALLAHASSEE - DIRECT
96-98
MANAGER TO COORDINATE MATTER CLOSELY WITH
OFFICE OF MAYOR AND SELECTION COMMITTEE.
27.
AUTHORIZE CITY MANAGER TO EXECUTE
9/8/98
AMENDMENT, TO AGREEMENT BETWEEN CITY OF
R 98-861
MIAMI AND HAWKINS, DELAFIELD & WOOD AND
98-104
HOLTZMAN, KRINZMAN, EQUELS & FURIA, P.A., CO -
BOND COUNSEL FOR CITY, -- EXTEND SAID
AGREEMENT FOR ONE YEAR ENDING SEPTEMBER 30,
1999, -- INCREASE FEE CAP TO SAID FIRMS FROM
$138,000 TO $188,000, PLUS $20,000 FOR EXPENSES --
ALLOCATE FUNDS FROM ACCOUNT CODE NO.
00100.921002.6.270.
28.
(A) REJECT BIS AND DISCARD RECOMMENDATION OF
9/8/98
CITY MANAGER TO APPROVE FINDINGS OF
M 98-862
EVALUATION COMMITTEE, PURSUANT TO 1)
M 98-863
FINANCIAL COLLECTION AGENCIES, INC., 2)
104-111
HOMESAFE/METEC MUNICIPAL SERVICES, AND 3)
HEARD GOGGAN BLAIR & WILLIAMS TO PROVIDE
DEBT COLLECTION SERVICES FOR CITY.
(B) RE -ISSUE NEW REQUEST FOR PROPOSAL FOR
COMPANY TO PROVIDE DEBT COLLECTION SERVICES
- RETURN TO CITY COMMISSION WITH
RECOMMENDATIONS WITHIN 60 DAYS.
29.
APPOINT FIVE (5) MEMBER HOPWA RFP REVIEW
9/8/98
COMMITTEE TO EVALUATE PROPOSALS RECEIVED
R 98-864
FROM NOT -FOR -PROFIT AGENCIES -- FOR: (1)
112-113
PROVISION OF HOUSING AND/OR SUPPORT SERVICES
TO LOW INCOME PERSONS LIVING WITH HIV/AIDS IN
CONNECTION WITH IMPLEMENTATION OF CITY' S
1997-1998 HOUSING OPPORTUNITIES FOR PERSONS
WITH AIDS (HOPWA) PROGRAM, AND (2) OPERATION
OF THE CASA DE LOS MILAGROS HOUSING PROJECT -
REQUEST CITY COMMISSIONERS TO SUBMIT NAMES
OF COMMITTEE MEMBERS APPOINTEES TO CITY
CLERK AT LATER DATE.
30. (A) AUTHORIZE CITY MANAGER TO ENGAGE 9/8/98
SERVICES OF BERMELLO, AJAMIL & PARTNERS, INC., R 98-865
IN AN AMOUNT NOT TO EXCEED $10,000, -- FOR 113-116
PURPOSE OF ASSISTING THE COMMUNITY
REDEVELOPMENT AGENCY (CRA) AND COMMUNITY
DEVELOPMENT IN DEVELOPING HOUSING PLAN --
FOR PROPOSED NORTHWESTERN ESTATES HOUSING
PROJECT -FOR TECHNICAL ASSISTANCE FOR
PROPOSED NEW HOPE/OVERTOWN HOUSING
PROJECT.
(B) ADVERTISE COMMUNITY REDEVELOPMENT
AGENCY MEETING FOR SEPTEMBER 14, 1998, AFTER 5
P.M.
31. RATIFY / APPROVE / CONFIRM CITY MANAGER'S 9/8/98
FINDING OF EMERGENCY - WAIVE REQUIREMENTS R 98-866
FOR COMPETITIVE SEALED BIDS - APPROVE 116-118
CONTRACT AWARD TO GOVERNMENT SERVICES
GROUP, INC. -- FOR PRINTING, STUFFING AND
MAILING OF FIRST CLASS NOTICES TO CITY
PROPERTY OWNERS REGARDING PROPOSED FIRE
RESCUE SPECIAL ASSESSMENTS; ALLOCATE
$70,000.00 FROM THE FIRE RESCUE SPECIAL
ASSESSMENT, ACCOUNT CODE NO.
110093.280905.6.270.
32. RATIFY / APPROVE / CONFIRM CITY MANAGER'S 9/8/98
FINDING OF EMERGENCY -- AUTHORIZE PURCHASE R 98-867
OF POLICE SERVICE DOGS FROM METRO-DADE K-9 118-119
GUARD DOGS, -- ALLOCATE $13,000 NOT TO EXCEED
FROM POLICE GENERAL OPERATING BUDGET,
ACCOUNT CODE NO.001000.290201.6.875.
33. APPROVE WITH MODIFICATIONS MIAMARINA AT 9/8/98
BAYSIDE ECONOMIC DEVELOPMENT PLAN - FOR R 98-868
ASSIGNMENT OF COMMERCIAL VESSEL SLIPS ALONG 119-136
INTRACOASTAL WATERWAY OF MIAMARINA (ICW
SEA WALL.) - PROVIDE RELIEF FOR BUSINESSES
THAT HAVE BEEN THERE TRADITIONALLY -(SLIP No.
1).
34. FIRST PUBLIC HEARING TO DISCUSS FISCAL YEAR 99 9/8/98
TENTATIVE BUDGET - SEE LABEL 44. DISCUSSION
136-141
35. APPROVE FIRST READING ORDINANCE FIXING 8.52 9/8/98
PERCENT AS MILLAGE RATE FOR THE 1998-1999 FIRST READING
BUDGET. ORDINANCE
142-146
36. APPROVE FIRST READING ORDINANCE MAKING 9/8/98
APPROPRIATIONS FOR FISCAL YEAR ENDING DISCUSSION
SEPTEMBER 30, 1999 - CONSULT WITH POLICE AND 146-158
FIRE UNIONS REGARDING PROPOSED MANAGEMENT
STUDY OF BOTH DEPARTMENTS - EARMARK FUNDS
FROM VEHICLE IMPOUNDMENT FOR SAID STUDY -
CHANGE PRIOR TO SECOND READING BUDGET
ORDINANCE APPROPRIATIONS FOR POLICE
OVERTIME - - COMMISSIONER TEELE REQUESTS
AGENDA TO INCLUDE COMMISSIONER REQUESTED
ITEMS.
37. AUTHORIZE EXECUTION OF INTERLOCAL 9/8/98
AGREEMENT WITH MIAMI-DADE COUNTY - FOR R 98-869
DISTRIBUTION OF PORTION OF COUNTY OPTIONAL 158-159
GAS TAX FOR MUNICIPALITIES.
38. APPROVE FIRST READING ORDINANCE FIXING
9/8/98
MILLAGE RATE OF 6.20 PERCENT FOR DOWNTOWN
FIRST READING
DEVELOPMENT AUTHORITY FOR FISCAL YEAR
ORDINANCE
BEGINNING OCTOBER 1, 1998 AND ENDING
159-161
SEPTEMBER 30, 1999.
39. APPROVE FIRST READING ORDINANCE MAKING
9/8/98
APPROPRIATIONS FOR DOWNTOWN DEVELOPMENT
FIRST READING
DISTRICT AD VALOREM TAX LEVY - FOR
ORDINANCE
DOWNTOWN DEVELOPMENT AUTHORITY - FOR
161-162
FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND
ENDING SEPTEMBER 30, 1999. - REQUEST LIST OF
EXPENDITURES IN CONNECTION WITH DOWNTOWN
CLEANUP.
40. APPROVE / ADOPT OFF STREET PARKING ANNUAL
9/8/98
BUDGET - FOR FISCAL YEAR BEGINNING OCTOBER
R 98-870
1, 1998 AND ENDING SEPTEMBER 30, 1999 ($617,535) -
163-164
EXCLUDE DEPRECIATION FOR GUSMAN CENTER FOR
PERFORMING ARTS / OLYMPIA BUILDING.
41. APPROVE / ADOPT OFF STREET PARKING ANNUAL 9/8/98
BUDGET (FY 1998-99) - FOR $7,299,983 EXCLUDING R 98-871
DEPRECIATION AND OTHER EXPENSES OF $1,716,286. 164-165
42. APPROVE BAYFRONT PARK MANAGEMENT TRUST 9/8/98
OPERATIONS AND MAINTENANCE BUDGETS FOR R 98-872
FISCAL YEAR 1998-1999. 165-166
43. (A) REQUEST STATE LEGISLATURE TO ASSIST CITY 9/8/98
WITH PARKS INITIATIVES FOR LITTLE HAITI. DISCUSSION
(B) DRAFT RESOLUTION EARMARKING / 167-168
REDIRECTING REVENUE RECEIVED BY OFF STREET
PARKING FROM MIAMI ARENA TO OVERTOWN
REDEVELOPMENT AREA.
44. COMMENTS CONCERNING RECURRING REVENUES 9/8/98
AND PENSION TO DECREASE FEES AND ODIO"S DISCUSSION
PENSION. - SEE LABEL 34. 168-169
45.
APPOINT COMMISSIONER SANCHEZ / CLEVE JONES /
9/8/98
STEVE OWENS TO MIAMI RIVER COMMISSION - SEE
M 98-873
LABEL 50.
170
46.
APPROVE FIRST READING ORDINANCE AMENDING
9/8/98
CHAPTER 50 OF CODE, ENTITLED: "SHIPS, VESSELS,
FIRST READING
AND WATERWAYS", -- REPEAL ALL REFERENCES TO
ORDINANCE
CERTIFICATES OF PUBLIC CONVENIENCE AND
171-172
NECESSITY RELATING TO DOCKAGE OF
COMMERCIAL VESSELS.
47.
DEFER TO SCHEDULED MEETING OF SEPTEMBER 28,
9/8/98
1998 DISCUSSION REGARDING PROPOSED
DISCUSSION
ORDINANCE TO CREATE CULTURAL AND FINE ARTS
172-173
BOARD.
48.
DEFER CONSIDERATION OF COST AND TIME TO
9/8/98
PERFORM FIRE/POLICE OPERATIONAL REVIEW.
DISCUSSION
173
49.
APPOINTMENTS AND REAPPOINTMENT TO
9/8/98
AFFIRMATIVE ACTION ADVISORY BOARD.
R 98-874
173-175
50.
APPOINT COMMISSIONER JOE SANCHEZ / CLEVE
9/8/98
JONES / ERNEST MARTIN TO MIAMI RIVER
R 98-875
COMMISSION - SEE LABEL 45.
175-176
51. NOMINATE ARLES CARBALLO / DOROTHY QUINTANA 9/8/98
--REAPPOINT REV. JOHN WHITE TO SERVE ON R 98-876
FEDERAL ENTERPRISE COMMUNITY COUNCIL. R 98-876.1
176-179
52. APPOINT LUIS FERNANDEZ TO MIAMI BAYSIDE 9/8/98
MINORITY FOUNDATION. R 98-877
180
53. DEFER APPOINTMENTS TO HEALTH FACILITIES 9/8/98
AUTHORITY. DISCUSSION
180-181
54. APPOINT CHARLES FLOWERS / JUVENAL PINA / FIDEL 9/8/98
PEREZ / TO SERVE AS REGULAR MEMBERS OF THE R 98-878
ZONING BOARD. - READVERTISE FOR MORE 181-183
APPLICATIONS FOR ZONING BOARD.
55. APPROVE EMERGENCY ORDINANCE ESTABLISHING 9/8/98
BOND DEFESANCE FUND -- APPROPRIATING ORDINANCE
$3,133,317. FOR PURCHASE OF US TREASURY 11696
SECURITIES FOR DEPARTMENTS OF OFF-STREET 184-186
PARKING.
56. APPROVE IN PRINCIPLE TRANSFER OF STOCK FROM 9/8/98
SOUTHERN CROSS MARINAS, L.C. TO CENTURY R 98-879
PARTNERS GROUP, LTD. RELATED TO LEASE AND 186-196
DEVELOPMENT AGREEMENT WITH GROVE HARBOUR
MARINA AND CARIBBEAN MARKETPLACE, SUBJECT
TO CONDITIONS. - REQUEST IN WRITING AND UNDER
OATH AMOUNTS OF STOCK TRANSFER FEES
RELATED TO THIS ITEM. - RETURN TO CITY
COMMISSION BY FIRST MEETING IN OCTOBER, 1998
RELATED TO DINNER KEY BOATYARD.
57. ALLOCATE $60,000.00 TO BAYFRONT MANAGEMENT 9/8/98
TRUST - FOR VALET PARKING AREA - ALLOCATE R 98-880
FUNDS FROM CIP BAYFRONT PARK IMPROVEMENTS 196-197
PROJECT 331401.
58. ACCEPT PROPOSAL OF NEXT MILLENNIUM 9/8/98
COMMUNICATIONS CORPORATION TO SPONSOR R 98-881
AMPHITHEATER AT BAYFRONT PARK. 197-198
59. COMPENSATE ELOY VAZQUEZ FOR PROCUREMENT 9/8/98
OF SPONSORSHIP AGREEMENT WITH NEXT R 98-882
MILLENNIUM COMMUNICATIONS, INC. AND 198-199
BAYFRONT PARK MANAGEMENT RUST - FOR
ANNUAL AMOUNT NOT TO EXCEED 15 PERCENT OF
ANNUAL SPONSORSHIP CASH PAYMENT TO TRUST -
ALLOCATE FUNDS FROM PROCEEDS DERIVED.
60. (A) SCHEDULE ISSUE OF FUNDING FOR BASIC 9/8/98
TRAINING FOR COMMISSION MEETING OF DISCUSSION
SEPTEMBER 28, 1998. 200-202
(B) SCHEDULE ISSUE OF REAPPRAISAL OF CITY
PROPERTIES FOR TAXES FOR COMMISSION MEETING
OF SEPTEMBER 28, 1998.
(C) ENFORCE NO PARKING ON SIDEWALKS TO
REDUCE LIABILITY TO CITY.
(D) COMMENTS REGARDING CONCERNS OF FUTURE
RESIDENTS OF THE MUTINY FOR STREET CLOSURES
IN THEIR AREA.
(E) PRODUCE MINUTES IN CONNECTION WITH
VEHICLE IMPOUNDMENT REVENUES.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 8th day of September, 1998, the City Commission of Miami, Florida, met at its regular
meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session.
The meeting was called to order at 9:59 a.m. by Presiding Officer/Commissioner J.L. Plummer, Jr.
(hereinafter referred to as Vice Chairman Plummer), with the following members of the Commission found
to be present:
Commissioner Wilfredo Gort (District 1)
Vice Chairman J.L. Plummer, Jr. (District 2)
Commissioner Joe Sanchez (District 3)
Commissioner Arthur E. Teele, Jr. (District 5)
ABSENT:
Commissioner Tomas Regalado
ALSO PRESENT:
Donald Warshaw, City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
An invocation was delivered by Commissioner Sanchez, who then led those present in a pledge of
allegiance to the flag.
L CONDOLENCES TO FAMILY OF CHARLES COX ON HIS FATHER'S UNTIMELY PASSING.
Vice Chairman Plummer: While we're waiting the arrival of the Mayor, first and foremost, I'll accept a
motion expressing the condolences of this City Commission to our very dear friend Charles Cox, who's
father passed away, and would be appropriate to spread upon the minutes the condolences of this
Commission. Moved by Commissioner Teele.
Commissioner Sanchez: Second.
Vice Chairman Plummer: Seconded by Commissioner Sanchez. Show a unanimous ballot.
September 8, 1998
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-822
A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND
SINCEREST CONDOLENCES OF THE CITY COMMISSION ON
BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE
FAMILY AND FRIENDS OF CHARLES P. COX, III, UPON HIS
UNTIMELY DEATH.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
PRESENTED TO:
Carmen Petsoules, Roads Area Activist — Presented by Commissioner
Sanchez
Juan Pita, Service to the Community (not present: Commissioner Sanchez
will present at Mr. Pita's School)
(READ INTO RECORD) READING OF PROCLAMATION:
From the City of Ormand Beach, in appreciation of City of Miami's
support during recent firestorms.
COMMENDATIONS:
PRESENTED TO: Annilie Hastey, "Miss Florida American Sweetheart' - Presented by
Commissioner Teele
NOTE FOR THE RECORD: Mayor Carollo and Commissioner Regalado entered the meeting at 10:07
a.m.
2 September 8, 1998
Vice Chairman Plummer: We'll now go into the regular agenda and, first of all, I think I need to make an
announcement because somehow or another, without finding fault, there was afaux pas. That faux pas was,
according to State Statute, things have to be legally advertised and, for whatever reason, there were some
items that did not make the advertising deadline. So, the following items... following please will not be
discussed today. This is of the regular agenda, correct, not consent?
Mr. Walter Foeman (City Clerk): Yes.
Vice Chairman Plummer: OK. Item 2, Item 10, Item 11, Item 12, Item 13 and Item 14. If any one of those
items...
Mr. Foeman: Excuse me. Mr. Chairman?
Vice Chairman Plummer: You are here on today...
Mr. Foeman: Commissioner Plummer?
Vice Chairman Plummer: Mr. Clerk.
Mr. Foeman: Also on Item 15 on the second page.
Vice Chairman Plummer: I'm sorry. Item 15 is on my second page and I didn't turn it over. Now, Mr.
Clerk, when will they be advertised and be expected to be on an agenda?
Mr. Foeman: Well, at the direction of administration, if they want to put those on for the 28th, we can have
them. Two of those items had been previously advertised for the 14th and that was Item 10 and Item 14.
Commissioner Teele: Could we move those items to the 28th as well? One of them is the trash ordinance
3 September 8, 1998
that I've been sponsoring and the other is a trash ordinance as well. Those are the two items now...
Vice Chairman Plummer: Motion made by Commissioner Teele that all of the items that are deferred from
today's agenda be carried over until September the 28th. Is there a second?
Commissioner Regalado: Second.
Commissioner Sanchez: Second.
Vice Chairman Plummer: Is there any further discussion?
If there's no ... I'm sorry.
Commissioner Sanchez: I have three items that I would like to defer.
Vice Chairman Plummer: Hold on. Let's get this done first.
Mr. Alejandro Vilarello (City Attorney): With regard to those items, I believe the City Clerk has advertised
them for the 14th. I'd like the City Clerk to make an announcement on the 14th deferring it to the 28th.
Mr. Foeman: Excuse me, Mr. City Attorney. Only as it pertains to Items 10 and 14, OK?
Mr. Vilarello: Fourteen, exactly.
So, we're then legal. All right. All in favor say "aye.".
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposition? Show unanimous ballot.
4 September 8, 1998
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-823
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEMS:
2(PROPOSED RESOLUTION TO PERMIT THE UNDAMAGED PORTION
OF AN EXISTING WALL ENCROACHMENT AND THE
RECONSTRUCTION OF A PORTION OF AN EXISTING WALL
ENCROACHMENT ADJACENT TO 3528 ROYAL PALM AVENUE TO
REMAIN WITHIN THE DEDICATED RIGHT-OF-WAY OF POINCIANA
AVENUE); 10 (PROPOSED SECOND READING ORDINANCE AMENDING
CHAPTER 22 OF THE CODE, ENTITLED "GARBAGE AND TRASH," BY
PROVIDING NEW DEFINITIONS; PROVIDING FOR NEW REGULATIONS
CONCERNING DISPOSAL OF TRASH); I (PROPOSED SECOND
READING ORDINANCE AMENDING CHAPTER 2/ARTICLE 2 OF THE
CODE, ENTITLED "ADMINISTRATION/MAYOR AND CITY
COMMISSION," BY ADDING LANGUAGE TO CLARIFY SECTION 4(G)(6)
OF THE CHARTER OF THE CITY OF MIAMI AS IT RELATES TO THE
TIME WHEN THE REMOVAL OF THE CITY MANAGER BY THE MAYOR
WILL TAKE EFFECT); 12 (PROPOSED SECOND READING ORDINANCE
AMENDING SECTION 53-181 OF THE CODE BY CHANGING THE FEES
CHARGED FOR USE, OCCUPANCY, AND SERVICES AT THE CITY OF
MIAMI/UNIVERSITY OF MIAMI, JAMES L. KNIGHT CONVENTION
CENTER); 13 (PROPOSED SECOND READING ORDINANCE AMENDING
CHAPTER 22/ARTICLE 5 OF THE CODE, ENTITLED "POLICE/VEHICLE
IMPOUNDMENT," BY PROVIDING DEFINITIONS REPEALING THOSE
PROVISIONS RELATING TO THE SEIZURE AND IMPOUNDMENT OF
VEHICLES FOR DRIVING UNDER THE INFLUENCE); 14 (PROPOSED
SECOND READING ORDINANCE AMENDING CHAPTER 22, ARTICLE 1,
SECTION 22-12 OF THE CODE, ENTITLED "WASTE FEES," BY
EXEMPTING RESIDENTIAL CONDOMINIUM ASSOCIATIONS AND CO-
OPERATIVE ASSOCIATIONS FROM THE ASSESSMENT OF
SUPPLEMENTAL WASTE FEES); AND 15 (PROPOSED SECOND
READING ORDINANCE AMENDING SECTION 22-117(F) OF THE CODE,
INCREASING THE ADMINISTRATIVE FEE TO 20% OF THE ACTUAL
EXPENSES INCURRED BY THE CITY WHEN CORRECTIVE ACTION IS
TAKEN TO REMEDY A VIOLATIVE CONDITION ON A LOT...) TO THE
CITY COMMISSION MEETING PRESENTLY SCHEDULED FOR
SEPTEMBER 28, 1998.
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.
Vice Chairman Plummer: Mr. City ... Mr. Sanchez, you have a request on which number items?
September 8, 1998
Commissioner Sanchez: Thirty-three, 34 and 35, reference I've gotten...
Vice Chairman Plummer: Is that regular agenda or consent?
Commissioner Sanchez: Consent.
Vice Chairman Plummer: You're asking that 34, 35...
Commissioner Gort: Regular agenda.
Commissioner Sanchez: Regular agenda.
Vice Chairman Plummer: And 36 has already been withdrawn. That was done by the Management. Is it
33, 34 and 35? OK. And you would want those put off until when, sir, the 28th?
Commissioner Sanchez: The 28th.
Vice Chairman Plummer: All right. Has everybody had the opportunity to look over and see whether or not
there's any objections? If not, I'll entertain a motion. I have a motion. Is there a second? I have a motion.
Is there a second?
Commissioner Regalado: To withdraw those?
Vice Chairman Plummer: I'm sorry?
Commissioner Regalado: To withdraw those?
Mr. Vilarello: To defer.
Commissioner Regalado: To defer?
To defer.
Commissioner Regalado: Yes.
Vice Chairman Plummer: OK. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposition? Show it unanimous.
6 September 8, 1998
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO.98-824
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEMS:
33(PROPOSED APPROVAL OF DECISION MADE PURSUANT TO CHIEF
PROCUREMENT OFFICER'S AUTHORITY UNDER SECTION 18-99 OF
THE CODE AS AMENDED TO REJECT PROTEST FILED BY MEDAPHIS,
INC. IN CONNECTION WITH RFP NO. 96-97-110 FOR EMERGENCY
MEDICAL TRANSPORT BILLING AND/OR COLLECTION SERVICES,
34(PROPOSED APPROVAL OF DECISION MADE PURSUANT TO CHIEF
PROCUREMENT OFFICER'S AUTHORITY UNDER SECTION 18-99 OF
THE CITY OF MIAMI CODE AS AMENDED TO REJECT PROTEST FILED
BY ADVANCED DATA PROCESSING, INC. IN CONNECTION WITH RFP
FOR EMERGENCY MEDICAL TRANSPORT BILLING AND/OR
COLLECTION SERVICES), AND 35(PROPOSED APPROVAL OF
FINDINGS OF THE EVALUATION COMMITTEE THAT THE MOST
QUALIFIED FIRMS FOR EMS BILLING/COLLECTION, IN TOP RANKED
ORDER ARE: (1) LOCKHEED MARTIN IMS; (2) ADVANCED DATA
PROCESSING, INC.; (3) MEDAPHIS CORPORATION) TO THE CITY
COMMISSION MEETING PRESENTLY SCHEDULED FOR SEPTEMBER
28, 1998.
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.
Vice Chairman Plummer: So, Items 33, 34, and 35 will be carried over until the 28th agenda. Is there any
other requests for any other deferments? Mr. City Attorney.
Commissioner Teele: Mr. Chairman?
Vice Chairman Plummer: I'm sorry. Commissioners first. Mr. Teele.
Commissioner Teele: On the 28th... let me just understand the schedule. On the 14th it was my
understanding that Commissioner Gort had asked that no other item, other than the —someone had asked that
no other item be taken up but the Fire Fee. Is that what we're going to do?
Vice Chairman Plummer: That's my understanding.
Commissioner Teele: And that's going to convene at two o'clock or what time is that?
Commissioner Gort: Five o'clock.
Mr. Foeman: Five p.m.
September 8, 1998
Commissioner Teele: Five o'clock on the 14th.
Mr. Foeman: Yes.
Commissioner Teele: So that's...
Vice Chairman Plummer: OK.
Commissioner Teele: And then, on the 28th, what time are we convening?
Vice Chairman Plummer: The normal ten o'clock, as far as I know. It's a regular Commission meeting. All
right. Mr. City Attorney.
Mr. Foeman: Excuse me. I'm told that it's going to be at two p.m. on the 28th.
Vice Chairman Plummer: Well, let me ask a stupid question. What is ... how heavy is the agenda for the
28th? Is it a heavy agenda or it's not?
Commissioner Teele: It was a light agenda but it's getting heavy. We just moved seven items.
Chief Donald Warshaw (Acting City Manager): It's as heavy as this one. It just got a little bit heavier.
Vice Chairman Plummer: If we start at two, is it reasonable to assume we'll get finished for the today? If
not, let's start at ten o'clock. I would rather start at 10 and get out early.
Commissioner Teele: But look, we're not going to get out early because we have State mandated...
Vice Chairman Plummer: Five oh five.
Commissioner Teele: ...505 and that's going to be a real budget hearing at that time.
Vice Chairman Plummer: Let's compromise and let's start it at noon.
Commissioner Teele: One.
Vice Chairman Plummer: One o'clock is fine. All right. You'11 change, Mr. Clerk, whatever advertising is
necessary to make it one p.m. instead of two. OK.
Mr. Foeman: Vice Chairman Plummer, can we get that in the form of a motion, please?
Vice Chairman Plummer: There's a motion made by Teele, seconded by Gort to make the 28th meeting at
one o'clock rather than two. All in favor say "aye." Show unanimous ballot.
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-825
A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY
COMMISSION MEETING OF SEPTEMBER, TO TAKE PLACE AT
1:00 P.M. ON SEPTEMBER 28, 1998.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
8 September 8, 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: Mr. City Attorney, you have something you wish...
Mr. Vilarello: Yes. Item 37 is an item that I placed on the agenda. I'd like to withdraw it. It's my intention
to bring it back on the 28th.
Vice Chairman Plummer: Item 37 in the regular agenda. Item 37 on the regular agenda in relation to
engaging outside law firm.
Commissioner Teele: So moved.
Vice Chairman Plummer: Moved by Teele. Seconded by Gort. Any further discussion? Show a
unanimous ballot.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-826
A MOTION TO WITHDRAW CONSIDERATION OF AGENDA ITEM 37
(PROPOSED RESCINDING OF RESOLUTION 97-784, WHICH
AUTHORIZED THE CITY ATTORNEY TO ENGAGE THE LAW FIRM OF
TEW AND BEASLEY, P.A., TO SERVE AS COUNSEL TO THE CITY OF
MIAMI IN CONNECTION WITH LITIGATION TO BE INITIATED
AGAINST DELOITTE AND TOUCHE, FORMER CITY OF MIAMI
EXTERNAL AUDITORS).
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
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS:
None.
ABSENT: None.
9 September 8, 1998
4. CONSENT AGENDA'
Vice Chairman Plummer: We're now on the consent agenda. Anyone wishing ... any Commissioner wanting
any of the consent items pulled?
Commissioner Gort: I have a question. I don't want to pull. I just have a question. CA6.
Vice Chairman Plummer: Well, that's not according to the rules but go ahead.
Commissioner Gort: My understanding is, this is for the study CAr6 of contract for the sewer system, I
believe it is?
Vice Chairman Plummer: Drainage, yeah.
Commissioner Gort: Citywide local drainage. Is this contract just for the engineering purposes or...
Mr. Jim Kay (Director, Public Works): Local Drainage Contract, that is for construction of...
Commissioner Gort: For the construction.
Mr. Kay: ...22 local drains Citywide.
Commissioner Gort: OK. This drainage, can we get the ... can I get a copy of where they're going to be
provided?
Mr. Kay: Yes, sir. I have them right here, as a matter of fact, with me, if you'd like.
Commissioner Gort: OK.
Vice Chairman Plummer: Be forwarded to all Commissioners at a later time.
Mr. Kay: All right, sir.
Vice Chairman Plummer: Mr. Manager, just for the notation and watch Judy jump out of her skin, I hope
you are very much aware that I am very unhappy in the fact, out of 12 bids that are on the consent agenda,
only one is a City company. Eleven of the bids are not local City people. I would much prefer, Mr.
Manager, to see that eleven were appointed to City people and one to an outsider. I'm going to continue to
harp on this until the day somebody around here realizes that we do business with those who do business
with us. On CA-8, Mr. Manager, I did not have time to go through the budget but this is for the National
League ... for the conference of Mayors. What about the National Legal cities, the Florida Legal cities and
Dade Legal cities, are they under special events? Mr. Dipak?
Mr. Donald Warshaw (Acting City Manager): Those will come before you, if they need to, when...
Vice Chairman Plummer: Why would they all come at the same time? It's usually under special events.
Mr. Dipak Parekh (Director, Budget and Management Analysis): They come at different times.
Mr. Warshaw: It's based upon the renewal date of the membership, Commissioner, so this bill was due now.
Vice Chairman Plummer: Okay. My other only question that I have is the one on item CN12, using the
marine stadium. Mr. City Attorney, are you satisfied that, even though it's arevokable permit, that all of the
insurance, the security and, you know, and I assume the people that are renting it, know that that does not
come under code. When I say under code, it is not properly lighted; it's not properly secured; it is not proper
drainage, and that it will have ... I assume that we would make our own people abide by our own ordinance
10 September 8, 1998
relating to parking. So, I would hope that that would be so noted. Does anybody else of the Commission
have anything else that they... questions that they want?
Commissioner Regalado: On CA 3, Mr. Vice Chair.
Vice Chairman Plummer: CA-2 by Commissioner Regalado.
Commissioner Regalado: No, no, CA 3.
Vice Chairman Plummer: CA-3 by Commissioner Regalado.
Commissioner Regalado: I have no problem, other than I attended a meeting of the Coconut Grove
Standing Festival Committee and they were complaining about the fact that they were not informed about
the details of the monies that were given by this committee to this project. They do not oppose the project
but they wish that, in the future, any projects that has to do with funds of this committee should be presented
to them in details by the City Administration.
Vice Chairman Plummer: Absolutely. If not, they have a feeling that they're not useful. OK. Mr. Boom
Boom, you have two minutes, sir.
Commissioner Teele: Before you do.
Vice Chairman Plummer: I'm sorry. Mr. Teele.
Commissioner Teele: On CA-19.
Vice Chairman Plummer: CA 19 by Commissioner Teele.
Commissioner Teele: The resolution list 10 names and I think one person in the tie vote has withdrawn and
so this should be amended to approve the at large 11 individuals, indicating ReverendEchols.
Mr. Foeman: That is correct.
Commissioner Teele: Would be the 1 lth person. One of the two persons graciously... Miss Cartwright
graciously withdrew in the tie vote.
Vice Chairman Plummer: So the noted for the record. Mr. Boom Boom, you have two minutes, sir.
Mr. Goenaga: Yes. On CA-1, 2, 9, 10 and 14, starting from the end.
Vice Chairman Plummer: Whatever you wish, sir. You have two minutes.
Mr. Goenaga: Well, it's very little ... I wish ... I did not realize...
Vice Chairman Plummer: You now have a minute and 48 left.
Mr. Goenaga: I did not realize that we have also sexual harassment lawsuits in the City of Miami. I am
totally surprised that this lawsuit have not come before. Because its my idea ... I have explained here many
times that this was in the old days a kind of Payton Place. And regarding the dogs for the Police
Department, let me tell you. I don't have anything against the dogs but then, on Item 38, there are two more
dogs on an emergency hearing. I wonder if they are the Padrotes (phonetic) or are they bulls for the male
and female dogs. Could you check Item 38? Why do we have here 10 dogs and then, on an emergency
hearing, two more dogs or bulls? Could I get an explanation, please?
Vice Chairman Plummer: You have 53 seconds left, sir.
11 September 8, 1998
Mr. Goenaga: No, I need an explanation now.
Vice Chairman Plummer: We'll try to get it for you, sir. Are you finished?
Mr. Goenaga: Next year?
Vice Chairman Plummer: Yes. Do you have an answer for the dog man?
Captain Joseph Longueira (Police Support Services): Yes, sir. Thirty-eight were ratifying the Manager's
action. We had to buy two dogs on an emergency. CA 1 is where ... we're requesting to buy additional dogs
in this current year.
Vice Chairman Plummer: Let me ask you a question because I got to tell you, for most reasonable people,
sixty-five hundred dollars ($6500) for a dog is a lot of money. I think you ought to put a little bit of
explanation on the record why we're spending that kind of money for dogs. And I think ... I know the
reason ... I know the answer.
Captain Longueira: These dogs are fully trained. They come from a company that specially trains the dogs
for police work. They come from out of the country. They come from a blood line where the dogs are
guaranteed, due to their health and the hip displacement that dogs have and they're high quality dogs that are
fully trained.
Vice Chairman Plummer: Anyone else speaking to any item on the on consent agenda? Let the record
reflect that no one has come forth, except the perennial. He now has his answer about why he is a dog man
and we'll now entertain a motion to approve the consent agenda. Moved by Commissioner Regalado.
Seconded by Commissioner Teele. Call the roll.
THEREUPON MOTION DULY MADE BY COMMISSIONER
REGALADO AND SECONDED BY COMMISSIONER TEELE, THE
CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING
VOTE:
AYES: Commissioner Joe Sanchez
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman Plummer, Jr.
NAYS: None.
ABSENT: None.
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.
12 September 8, 1998
4.1, AUTHORIZE PURCHASE OFTEN (10) POLICE SERVICE DOGS FROM METRO'DADE K-9
GUARD DOGS - FOR POLICE --ALLOCATE $65,000. FROM POLICE DEPARTMENT' GENERAL'
OPERATING BUDGET, FY '98-99 ($32,500) AND FY''99-2000 ($32,500) ACCOUNT CODE NO.
001000.290201.6.875.
RESOLUTION 98-827
A RESOLUTION AUTHORIZING THE PURCHASE OF TEN (10) POLICE
SERVICE DOGS FROM METRO DADE K-9 GUARD DOGS, UTILIZING
EXISTING MIAMI-DADE COUNTY CONTRACT NO. IB4293-2/02-OTR, IN
AN AMOUNT NOT TO EXCEED $65,000.00; ALLOCATING FUNDS
THEREFOR FROM THE POLICE DEPARTMENT GENERAL OPERATING
BUDGET, FY `98-99 ($32,500.00) AND FY `99-2000 ($32,500.00), ACCOUNT
CODE NO. 001000.290201.6.875; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE
ORDERS FOR SAID ACQUISITION, SUBJECT TO THE AVAILABILITY OF
FUNDS.
4.2 AUTHORIZE INCREASE IN FUNDING FOR ALTERNATIVE PROGRAMS, INC -- ALLOCATE
$75000, FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 690001, 690002, AND
690003.
RESOLUTION 98-828
A RESOLUTION AUTHORIZING AN INCREASE IN THE FUNDING FOR
THE ALTERNATIVE PROGRAMS, INC., AND ALLOCATING FUNDS
THEREFOR, IN THE AMOUNT OF $75,000.00, FROM THE LAW
ENFORCEMENT TRUST FUND, PROJECT NOS. 690001, 690002, AND
690003, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE
CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE STATUTES
932.7055, AS AMENDED, AND THE U.S. DEPARTMENT OF THE
TREASURY'S "GUIDE TO EQUITABLE SHARING."
13 September 8, 1998
4.3 ACCEPT BID: R. L. SAUM CONSTRUCTION CO., -- FOR "PEACOCK PARK LIGHTING AND
BOARDWALK, B-3263"-- ALLOCATE $282,49500 FROM PROJECT NO. 331359,; AS
APPROPRIATED BY THE FISCAL YEAR 1997-1998CAPITAL IMPROVEMENT ORDINANCE'
NO. 11623, , AND FROM COCONUT GROVE SPECIAL DISTRICT! FUND PROJECT NO. 119001,
TO, COVER CONTRACT COST AND $50037 TO COVER ESTIMATED EXPENSES -- FOR TOTAL'
COST OF'$332,532.
RESOLUTION 98-829
A RESOLUTION, ACCEPTING THE BID OF R.L. SAUM CONSTRUCTION
CO., IN THE AMOUNT OF $282,495.00, FOR THE PROJECT ENTITLED
"PEACOCK PARK LIGHTING AND BOARDWALK, B-3263";
ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 331359 AS
APPROPRIATED BY THE FISCAL YEAR 1997-1998 CAPITAL
IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED, AND FROM
COCONUT GROVE SPECIAL DISTRICT FUND PROJECT NO. 119001, IN
THE AMOUNT OF $282,495 TO COVER THE CONTRACT COST AND
$50,037.00 TO COVER THE ESTIMATED EXPENSES, FOR AN
ESTIMATED TOTAL COST OF $332,532.00, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM.
4.4 ACCEPT BID: HORSEPOWER ELECTRIC, INC. -- FOR "CORAL 11GATE PARK SPORTS'
LIGHTING PROJECT SOFTBALL FIELD, B-6290 -- ALLOCATE $79,249.00 FROM PROJECT
NO 332133, AS APPROPRIATED BY 'FISCAL YEAR 1997-1998 CAPITAL IMPROVEMENT
ORDINANCE NO. 11623.
RESOLUTION 98-830
A RESOLUTION ACCEPTING THE BID OF HORSEPOWER ELECTRIC,
INC., IN THE AMOUNT OF $68,049.00, FOR THE PROJECT ENTITLED
"CORAL GATE PARK SPORTS LIGHTING PROJECT - SOFTBALL FIELD,
B-6290"; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 332133,
AS APPROPRIATED BY THE FISCAL YEAR 1997-1998 CAPITAL
IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED, IN THE
AMOUNT OF $68,049.00 TO COVER THE CONTRACT COST AND
$11,200.00 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED
TOTAL COST OF $79,249.00; AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH SAID FIRM.
14 September 8, 1998
4.5 ACCEPT BID: BENNETT ELECTRIC SERVICE COMPANY, INC. -- FOR "HADLEY PARK
SPORT LIGHTING PROJECT -- FOOTBALL, B-6289 - ALLOCATE $108,685.00' FROM PROJECT
NO, 331391, AS APPROPRIATED BY FISCAL YEAR 1997-1998 CAPITAL IMPROVEMENT
ORDINANCE NO. 11623.
RESOLUTION 98-831
A RESOLUTION ACCEPTING THE BID OF BENNETT ELECTRIC SERVICE
COMPANY, INC., IN THE AMOUNT OF $91,185.00, FOR THE PROJECT
ENTITLED "HADLEY PARK SPORT LIGHTING PROJECT - FOOTBALL, B-
6289"; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 331391, AS
APPROPRIATED BY THE FISCAL YEAR 1997-1998 CAPITAL
IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED, IN THE
AMOUNT OF $91,185.00 TO COVER THE CONTRACT COST AND
$17,500.00 TO COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED
TOTAL COST OF $108,685.00; AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH SAID FIRM.
4.6 ACCEPT BID: INLAND ENGINEERING CONTRACTORS, INC. -- FOR "CITYWIDE LOCAL
DRAINAGE PROJECT''E-74, B-5632" -- ALLOCATE $444,255.00 FROM PROJECT No. 352231, AS
APPROPRIATED BY FISCAL YEAR 1997-1998 CAPITAL IMPROVEMENT ORDINANCE NO.
11623.
RESOLUTION 98-832
A RESOLUTION ACCEPTING THE BID OF INLAND ENGINEERING
CONTRACTORS, INC., IN THE AMOUNT OF $369,397.00, FOR THE
PROJECT ENTITLED "CITYWIDE LOCAL DRAINAGE PROJECT E-74, B-
5632'; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 352231, AS
AMENDED, IN THE AMOUNT OF $369,397.00 TO COVER THE CONTRACT
COST AND $74,858.00 TO COVER THE ESTIMATED EXPENSES FOR AN
ESTIMATED TOTAL COST OF $444,255.00; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITH SAID FIRM.
4.7 RENEW CITY 1998 MEMBERSHIP IN UNITED STATES CONFERENCE OF MAYORS ---
ALLOCATE $9,487.00 FROM SPECIAL PROGRAMS AND ACCOUNTS, ACCOUNT NO. 920210-
760,
RESOLUTION 98-833
A RESOLUTION AUTHORIZING THE CITY MANAGER TO RENEW THE
CITY OF MIAMI'S 1998 MEMBERSHIP, IN THE AMOUNT OF $9,487, IN
THE UNITED STATES CONFERENCE OF MAYORS, WITH FUNDS
THEREFOR HEREBY ALLOCATED FROM SPECIAL PROGRAMS AND
ACCOUNTS, ACCOUNT NO.920210-760.
15 September 8, 1998
4.8AUTHORIZE REIMBURSEMENT TO CITY GENERAL FUND, IN AMOUNT NOT TO EXCEED'
$600,024 -- FROM LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001, 690002,
AND 690003.
RESOLUTION 98-834
A RESOLUTION AUTHORIZING REIMBURSEMENT TO THE CITY OF
MIAMI GENERAL FUND, IN AN AMOUNT NOT TO EXCEED $600,024.00,
FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS
690001, 690002 AND 690003, SUCH EXPENDITURES HAVING BEEN
CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH THE
DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING"
AND FLORIDA STATUTE, §932.7055, AS AMENDED.
RESOLUTION 98-835
A RESOLUTION AUTHORIZING THE CONTINUED FINANCING OF
PROTRACTED, COMPLEX INVESTIGATIONS BY THE POLICE
DEPARTMENT, IN AN AMOUNT NOT TO EXCEED $350,000.00, AND
ALLOCATING FUNDS THEREFOR, FROM THE LAW ENFORCEMENT
TRUST FUND, PROJECT NUMBERS 690001, 69002 AND 69003, SUCH
EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE
AS COMPLYING WITH FLORIDA STATUTE §932.7055, AS AMENDED
AND THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO
EQUITABLE SHARING."
4.10 DECLARE SURPLUS APPROXIMATELY 5,000'SQUARE FEET OF CITY -OWNED REAL
PROPERTY WITH IMPROVEMENTS LOCATED AT APPROXIMATELY 3410 FROW AVENUE,''
MIAMI, FLORIDA, (THE "PROPERTY") -- AUTHORIZE CITY MANAGER' TO SELL THE
PROPERTY IN ACCORD WITH ESTABLISHED PROVISIONS.
RESOLUTION 98-836
A RESOLUTION DECLARING AS SURPLUS APPROXIMATELY 5,000
SQUARE FEET OF CITY -OWNED REAL PROPERTY WITH
IMPROVEMENTS LOCATED AT APPROXIMATELY 3410 FROW AVENUE,
MIAMI, FLORIDA, ("THE PROPERTY"); AUTHORIZING AND DIRECTING
THE CITY MANAGER TO SELL THE PROPERTY; FURTHER
AUTHORIZING THE CITY MANAGER TO: (1) ESTABLISH THE
MINIMUM SALE PRICE FOR THE PROPERTY TAKING INTO
CONSIDERATION THE APPRAISED VALUE OF THE PROPERTY,
ESTABLISHED AS A RESULT OF TWO INDEPENDENT APPRAISALS AND
THE ASSESSED VALUE OF THE PROPERTY AS DETERMINED BY THE
MIAMI-DADE COUNTY PROPERTY APPRAISER, (2) EMPLOY SUCH
PROCEDURES AS MAY BE REQUIRED BY THE CITY CHARTER AND/OR
CITY CODE FOR THE PURPOSE OF SOLICITING OFFERS FOR THE SALE
OF THE PROPERTY, (3) ACCEPT RESPONSIVE AND RESPONSIBLE BIDS,
AND (4) NEGOTIATE A PURCHASE AND SALE AGREEMENT FOR
PRESENTATION TO THE CITY COMMISSION FOR FINAL APPROVAL.
16 September 8, 1998
RESOLUTION 98-837
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT
("AGREEMENT"), ON A MONTH -TO -MONTH BASIS AND IN
SUBSTANTIALLY THE ATTACHED FORM, WITH GRAND BAY HOTEL
PARTNERS, LTD., FOR THE USE OF APPROXIMATELY 89,240 SQUARE
FEET OF SPACE WITHIN THE MIAMI MARINE STADIUM PARKING LOT,
LOCATED AT APPROXIMATELY 3601 RICKENBACKER CAUSEWAY,
MIAMI, FLORIDA, AT A MONTHLY FEE OF FOUR THOUSAND FORTY
FOUR AND 43/100 DOLLARS ($4,044.43), FOR THE PURPOSE OF
PROVIDING TEMPORARY PARKING ACCOMMODATIONS, WITH TERMS
AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID
AGREEMENT.
4.12 ACCEPT PLAT: PHT/JMH MENTAL HEALTH NO. ONE.
RESOLUTION 98-838
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED: "PHT/JMH MENTAL HEALTH NO. ONE, 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 CLEKR TO EXECUTIVE THE PLAT; PROVIDING
FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
RESOLUTION 98-839
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
SHIRLEY WARNER AND RIVIANN JERRY, HER DAUGHTER, WITHOUT
ADMISSION OF LIABILITY, THE SUM OF $36,950.00 IN FULL AND
COMPLETE SETTLEMENT OF ANY SAID AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, IN THE UNTIES STATES
DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO, 97-
806-CIV-GRAHAM, UPON THE EXECUTION OF A GENERAL RELEASE
RELEASING THE CITY OF MIAMI, ITS PRESENT AND FORMER
OFFICERS, AGENTS AND EMPLOYEES, EXCEPT FOR DEFENDANT
DEWAYNE PINKEYM, FROM ANY AND ALL CLAIMS AND DEMANDS;
ALLOCATING FUNDS THEREFOR FROM THE SELF-INSURANCE AND
INSURANCE TRUST FUND, INDEX CODE NO. 515001.4244401.6.661.
17 September 8, 1998
4.14 AMEND RESOLUTION TO APPROVE ELEVENINDIVIDUALS ELECTED' -- ACCEPT CITY'
CLERK'S CERTIFICATION AND DECLARATION OF OVERTOWN ADVISORY BOARD'
ELECTION HELD AUGUST 13,1998.
RESOLUTION 98-840
A RESOLUTION, WITH ATTACHMENT, ACCEPTING THE CITY CLERK'S
CERTIFICATION AND DECLARATION OF THE ELECTION HELD ON
AUGUST 13, 1998, IN WHICH CERTAIN INDIVIDUALS WERE ELECTED
AS MEMBERS OF THE OVERTOWN ADVISORY BOARD.
4.15 ACCEPT BID: METRO USA FOR INSTALLATION OF LIGHT BARS AND SIRENS -- FOR
POLICE AND FIRE -RESCUE EMERGENCY RESPONSE VEHICLES, -- FOR DEPARTMENT OF:
GENERAL SERVICES ADMINISTRATION -- ALLOCATE' $39,500.00 FROM THE CAPITAL'
IMPROVEMENT PROGRAM, "'REPLACEMENT OF CITY-WIDE FLEET" PROJECT NO.311850.
RESOLUTION 98-841
A RESOLUTION ACCEPTING THE BID OF METRO USA FOR THE
INSTALLATION OF LIGHT BARS AND SIRENS FOR POLICE AND FIRE -
RESCUE EMERGENCY RESPONSE VEHICLES, ON AN AS -NEEDED,
WHEN -NEEDED CONTRACT BASIS FOR ONE YEAR, WITH THE OPTION
TO EXTEND FOR TWO ADDITIONAL ONE-YEAR PERIODS, FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION; AT AN
ANNUAL COST NOT TO EXCEED $39,500.00; ALLOCATING FUNDS
THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM,
"REPLACEMENT OF CITY-WIDE FLEET," PROJECT NO.311850.
RESOLUTION 98-842
A RESOLUTION APPROVING THE REFURBISHMENT OF FOUR (4) SPORT
COURTS AT VARIOUS CITY PARKS BY AAA COURTS, INC., AND AGILE
COURTS CONSTRUCTION CO., INC., AWARDED UNDER EXISTING
MIAMI-DADE COUNTY CONTRACT NO. 1153-0/98, ON A CONTRACT
BASIS UNTIL SEPTEMBER 30, 1998, FOR THE DEPARTMENT OF PARKS
AND RECREATION, AT A TOTAL AMOUNT NOT TO EXCEED $72,135.00;
ALLOCATING FUNDS THEREFOR FROM SAFE NEIGHBORHOOD PARKS
BOND PROGRAM FUNDS AS APPROPRIATED BY CAPITAL
IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED, ADOPTED
MARCH 24, 1998, FOR CAPITAL PROJECTS.
18 September 8, 1998
4.17 APPROVE PROCUREMENT OF DEMOLITION SERVICES FROM N.A. LAND CLEARING,
INC -.DEMOLITION MASTERS, INC., AND LANGO EQUIPMENT SERVICES AT BLANCHE
PARK AND STEARNS PAR -- FOR PARKS AND RECREATION -- ALLOCATE $10,000.00 FROM
SAFE NEIGBBOR1400D PARKS BOND PROGRAM BY CAPITAL IMPROVEMENT ORDINANCE`
NO. 11623.
RESOLUTION 98-843
A RESOLUTION APPROVING THE PROCUREMENT OF DEMOLITION
SERVICES FROM N.A. LAND CLEARING, INC., DEMOLITION MASTERS,
INC., AND LANGO EQUIPMENT SERVICES, AT BLANCHE PARK AND
STEARNS PARK, UTILIZING EXISTING CITY OF MIAMI CONTRACT NO.
96-97-075R, FOR THE DEPARTMENT OF PARKS AND RECREATION, AT A
TOTAL AMOUNT NOT TO EXCEED $10,000.00; ALLOCATING FUNDS
THEREFOR FROM SAFE NEIGHBORHOOD PARKS BOND PROGRAM
FUNDS AS APPROPRIATED BY CAPITAL IMPROVEMENT ORDINANCE
NO. 11623, AS AMENDED, ADOPTED MARCH 24, 1998.
4.18 APPROVE FURNISHING / INSTALLATION OF PARK EQUIPMENT AT VARIOUSCITY
PARKS FROM VARIOUS VENDOR - FOR PARKS AND RECREATION; ALLOCATE $62,832
FROM SAFE NEIGHBORHOOD PARKS BOND PROGRAM FUNDS AS APPROPRIATED' BY
CAPITAL' IMPROVEMENT ORDINANCE NO. 11623.
RESOLUTION 98-844
A RESOLUTION, WITH ATTACHMENT, APPROVING THE FURNISHING
AND INSTALLATION OF PARK EQUIPMENT AT VARIOUS CITY PARKS
FORM VARIOUS VENDORS LISTED IN EXHIBIT A, ATTACHED HERETO
AND MADE A PART HEREOF, UNDER EXISTING MIAMI-DADE
COUNTY CONTRACT NO. 4907-3/98, ON A CONTRACT BASIS UNTIL
NOVEMBER 30, 1998, FOR THE DEPARTMENT OF PARKS AND
RECREATION, AT A TOTAL AMOUNT NOT TO EXCEED $62,832.00;
ALLOCATING FUNDS THEREFOR FROM SAFE NEIGHBORHOOD
PARKS BOND PROGRAM FUNDS AS APPROPRIATED BY CAPITAL
IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED, ADOPTED
MARCH 24, 1998 FOR CAPITAL PROJECTS.
19 September 8, 1998
4.19 APPROVE FURNISHING AND INSTALLATION OF SOD AT ALLAPATTAH COMSTOCK
PARK AND DOUGLAS PARK FROM THOMAS MAINTENANCE SERVICES, INC., -- FOR
PARKS AND RECREATION -- ALLOCATE $78,277.50 FROM SAFE NEIGHBORHOOD PARKS
BOND PROGRAM FUNDS AS APPROPRIATED BY CAPITAL IMPROVEMENT ORDINANCE NO.
11623.
RESOLUTION 98-845
A RESOLUTION APPROVING THE FURNISHING AND INSTALLATION
OF SOD AT ALLAPATTAH COMSTOCK PARK AND DOUGLAS PARK
FROM THOMAS MAINTENANCE SERVICE, INC., AWARDED UNDER
EXISTING MIAMI-DADE COUNTY CONTRACT NO. 0996-2/98, ON A
CONTRACT BASIS UNTIL NOVEMBER 30, 1998, FOR THE DEPARTMENT
OF PARKS AND RECREATION, AT A TOTAL AMOUNT NOT TO EXCEED
$78,277.50; ALLOCATING FUNDS THEREFOR FROM SAFE
NEIGHBORHOOD PARKS BOND PROGRAM FUNDS AS APPROPRIATED
BY CAPITAL IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED,
ADOPTED MARCH 24, 1998, FOR CAPITAL PROJECTS.
RESOLUTION 98-846
A RESOLUTION ACCEPTING THE BIDS OF SOVEREIGN
CONSTRUCTION, INC., FOR THE FURNISHING AND INSTALLATION OF
STEEL PICKET FENCING AT SEWELL, ALICE WAINWRIGHT, AND
ATHALIE RANGE CITY PARKS, IN THE AMOUNT OF $62,456.49, AND
RONALD M. GIBBONS, FOR THE FURNISHING AND INSTALLATION OF
STEEL PICKET FENCING AT CORAL GATE CITY PARK, IN THE AMOUNT
OF $15,404.00, FOR A TOTAL COST OF $77,860.49, FOR THE
DEPARTMENT OF PARKS AND RECREATION; ALLOCATING FUNDS
THEREFOR FROM THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM
FUNDS AS APPROPRIATED BY CAPITAL IMPROVEMENT ORDINANCE
NO. 11623, AS AMENDED, ADOPTED MARCH 24, 1998.
20 September 8, 1998
4.21 ACCEPT BID: F BENNETT ELECTRIC SERVICE CO. INC. -- FOR "FERN ISLE PARK
SPORT LIGHTING IMPROVEMENTS B-6284" -- ALLOCATE $108,750.00 FROM PROJECT NO.
333103, AS APPROPRIATED BY FISCAL'' YEAR 1997-1998CAPITAL IMPROVEMENT
ORDINANCE NO. 11623.
RESOLUTION 98-847
A RESOLUTION ACCEPTING THE BID OF BENNETT ELECTRIC
SERVICE CO., INC., IN THE PROPOSED AMOUNT OF $93,500.00, FOR
THE PROJECT ENTITLED; "FERN ISLE PARK SPORT LIGHTING
IMPROVEMENTS B-6284' ; ALLOCATING FUNDS THEREFOR FROM
PROJECT NO. 333103, AS APPROPRIATED BY THE FISCAL YEAR 1997-
1998 CAPITAL IMPROVEMENT ORDINANCE NO. 11623 AS AMENDED,
IN THE AMOUNT OF $93,500.00 TO COVER THE CONTRACT COST AND
$15,250.00 TO COVER THE ESTIMATED TOTAL COST OF $108,750.00;
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A
FORM ACCEPTABLE TOT HE CITY ATTORNEY, WITH SAID FIRM.
5. DISCUSS ;APPOINTMENT AND CONFIRMATION OF CITY MANAGER, INCLUDING
SALARY AND BENEFITS TO BE PAID TO CITY MANAGER. — SCHEDULE CONFIRMATION OF
DONALD WARSHAW' AS CITY MANAGER FOR SPECIAL MEETING OF SEPTEMBER 14, 1998,'
AT 4 PM.
Vice Chairman Plummer: Mr. Mayor, you're back. You want to start with IA?
Mayor Carollo: Thank you, Commissioner. And good morning to everyone here today. IA is the item with
the permanent appointment and confirmation of the City Manager. I have taken into consideration the talks
and statements that I have heard from members of the Commission regarding the appointment of the City
Manager. Having said that and after waiting, I think what is definitely a reasonable period of time for the
Commission to have been able to have worked with Donald Warshaw as City Manager, I think the time has
come now to make a permanent appointment. Therefore, my nomination for permanent City Manager
would be Donald Warshaw. I've asked the City Attorney and the Manager to include with this appointment,
for your consideration, salary and benefits package so that this could be studied by you at the same time. It
clearly points out, unlike what has been the norm in the past, what he gets for every single item in benefits.
In other words, we're not just putting salary and then including benefits with no dollar amounts tied to the
benefits. This way you will know exactly what we will be paying out, unlike what has happened in the past.
The last City Manager that we had was receiving in excess of two hundred and fifty thousand dollars
($250,000) in salary and benefits. The total cash value of salary and benefits that Donald Warshaw has is a
hundred and ninety-nine thousand five hundred and fifty-six dollars ($199,556) and that includes a salary of
hundred and thirty-eight thousand. That's considerably less than the last three City Managers that we've had,
that have served for any significant amount of time as City Manager. That includes Mr. Odio, Mr. Marquez
and Mr. Pedrosa. The only thing that I believe we ... I do not see included here is the phone allowance and
home phone fax and that is in the neighborhood of three thousand plus dollars a year. Since it was included
as salary and benefits, there might be a question whether that is a benefit or just an additional expense that
the City would incur under normal work for any City Manager. So, if that would be included, you're still
looking at two hundred and three thousand plus. And what the Manager considered, there would be
benefits, together with the salary, for a hundred and thirt}Feight thousand. This is the total amount that's
included. And I wanted to do this ahead of time, unlike what's been done in the past, so there are no hidden
amounts, so that this Commission knows exactly what it will be paying out the way it should be.
Vice Chairman Plummer: Mr. Mayor, it would be my understanding, of course, without question, that it is
within your authority to make such an appointment and the Commission has, I think, 10 days in which to
object or to override.
21 September 8, 1998
Mayor Carollo: That's correct.
Vice Chairman Plummer: So, as far as I'm concerned, the only action to be taken here today would be the
no action by this Commission. It would just be an action by the Mayor, which you've already done. I would
like the opportunity to ask a question. As you know, I've always had a problem with severance. To me, a
good job is the best protection you have in your salary. As I read here, Section B of Page 3... I'm sorry,
Section 4-13, in reference to severance, it says here that he'd be entitled to one year's pay if terminated for
cause. Now, it doesn't say here if he leaves voluntarily. What happens if he just decides tomorrow the hell
with it. I don't want to do it no more?
Mayor Carollo: I don't think that's part of the severance pay.
Severance pay is if you're terminated.
Vice Chairman Plummer: But it doesn't state that.
Mayor Carollo: And I think that the City Attorney will interpret it that way legally, so if it needs to be
further clarified...
Mr. Alejandro Vilarello (City Attorney): Certainly, it is his right to leave. The severance package only...
Vice Chairman Plummer: Well, no, no, I know he can walk out the door but does he walk out —when he
walks out the door of his own volition, does he do it with his severance or without it?
Mr. Vilarello: Without it.
Vice Chairman Plummer: Without it. And that's understood, Mr. Warshaw?
Mr. Donald Warshaw (Acting City Manager): Yes, sir.
Vice Chairman Plummer: OK. I would like a proffer, Mr. Mayor, in the reference to compensation. That
we protect him and that's what he's looking for. The volatility of a City Manager around here is more than
the usual volatility. That it be for the first two years and after that, it be for a period of six months. And I
would ask that that be a determination.
Mayor Carollo: I would find that acceptable, Commissioner.
Commissioner Gort: What was that again?
Vice Chairman Plummer: That he be protected under one year severance for two years and that he be, after
the second year, if he survives, that it be six months. I mean, I've got to get enough money to bury the ... I
only want to make notation on the record and it's something that I would normally been opposed to but when
it was explained, I think it had to be noted and that is that we're paying a Jerome Wolfson thirteen thousand
dollars ($13,000) and that was an attorney...
Mayor Carollo: I'm sorry. That's included in the separate resolution that, I think, now would be a good time
to discuss that and to go over anything that this Commission sees fit and should go over.
Vice Chairman Plummer: That's what I was doing, Mr. Mayor.
Mr. Vilarello: It is within the same resolution, Mr. Mayor.
Mayor Carollo: That's correct.
Vice Chairman Plummer: OK. I would have normally been opposed to this. This is an attorney that he
hired when others around here were trying to undermine and pull the rug on him and that, in fact, the only
reason I'm going to vote for this, Mr. Mayor, is that he was given the word of the present Mayor at the time
22 September 8, 1998
that he would be covered under these costs. No, not by the Mayor. It was the Mayor that was trying to get
rid of him. It was by the Mayor's delegate.
Mayor Carollo: Clarify which Mayor. I don't want to get everybody totally confused now.
Vice Chairman Plummer: No, no, you're still here. Anyhow, the person who went to do the negotiations in
behalf of the Mayor promised him that the costs would be covered for the negotiations. I don't like that. I
got to be honest with you. But a promise given is a promise to be kept and if this man was promised that
that was what would happen and that was what was necessary, then I'm going to vote for it. But under
normal circumstances, just for the record, I would not vote for it. Thirteen thousand is not going to make or
break us but only because it was a promise made am I going to do a promise kept. I have no other problems,
Mr. Mayor.
Mayor Carollo: If I could add something to that statement, Commissioner, since you're still chairing the
meeting.
Vice Chairman Plummer: Sure.
Mayor Carollo: I would feel the same way that you would, with the exception of one additional area. I
think the City, because of what you stated and the circumstances of what happened, regardless, would end
up having a legal obligation to pay that amount. Just like, frankly, there are plenty of other obligations out
there that, if people would have wanted to come forward and hit the City with bills for attorney's fees,
including yours truly, the City would have had to have paid for it during those turbulent months. But outside
of that, the City has an obligation, that I consider it to be a legal obligation, whereas —including a former City
Manager at the time gave his word that that would be done.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: Let me tell you. In the time the Chief has been here, I think you all have been seeing
by his memo some of the actions that have taken place. I think the 10th floor have been taken over military
like but I think we might need to have that type of government present to get some of the things straighten
out. I don't have any problems in ... for the Chief. I think he's proved himself as the Chief and I think, as the
Manager, from what I've seen in the last three months that he's been the Manager, a lot of things have taken
place and I won't have any problem. But like you said, we're not going to take a decision today. We're
going to wait until the 14th, is my understanding what you're saying. In the meantime, I would like to sit
down with him and discuss some other things with him also.
Vice Chairman Plummer: I think the Manager, Chief, Combo at this present time, should make an
appointment with each and every one of us. Mr. Manager, because I'm going to want to know from you
right off the bat what your plan is to redo and rebuild the NET(Neighborhood Enhancement Team) program.
To me that is, without a doubt, one of the most important things that this City has got to do and I'm going to
expect you to be in my office with a plan of telling me what you intend to do about redoing the NET
program. Anybody else?
Mr. Vilarello: Commissioner?
Vice Chairman Plummer: There's nothing for us to vote on.
Mr. Vilarello: All right. There's just ... you mentioned there was 10 days for you to consider. It's actually 14
days.
Commissioner Sanchez: Fourteen days?
Vice Chairman Plummer: Well, what I'm thinking is...
Commissioner Teele: Commissioner Plummer, let me say something.
23 September 8, 1998
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Before you keep ... look, if you're going to chair this meeting, you're going to chair it
fairly. You're not going to monopolize everything that's being said and then say anything else and move on.
This is a serious matter. This is a very serious matter. And I don't think you ought to try to set up a tempo
of rushing. Let me say right off the bat, it is my intent to support Donald Warshaw as Manager and I want to
publicly commend Mayor Carollo for making the decision and coming forth and listening, I believe, to the
Commission and the public but I think Mayor Carollo would recognize the fact that we do two or three
things around here that are important: One is approve the budget. One is approve the Manager and pass
legislation. Now, we spend hours on anything but don't start rushing everybody. And, you know, you cut
across everybody. You started off talking. You rambled and rambled. Then Willie Gort said something.
Then you took over that. Then you say, OK, next move. Now, let's be fair, J.L. You know, you may be a
little coming in from the vacation but let's maintain this whole concept of being fair. J.L., this is a very
important issue and let me tell you this. I think what Mayor Carollo has done in coming forth with a
salary/benefit package is an important step toward restoring the credibility of the Commission. Nobody
likes to see these numbers out there. Nobody likes to discuss this but let's face it, this is public money and
this is public business and 1, for one, would like to see those two matters that you discussed added on to this
so that it's very clear, the phone and the phone fax. Also, Mr. Attorney, we have a problem, I believe, with
the way we have structured these telephones. I would urge you to, again, look at the County resolution. I
think the Ruvin, Harvey Ruvin, when he was a Commissioner, supported some legislation that clarified any
use of a telephone by the Manager and certain other officials is deemed to be an official use and I think that's
very, very important, particularly in light of how Mr. Stan is proceeding to say you can misuse office by just
picking up the telephone or Mr. Gore. So, I think it's very important that we establish on the record that the
telephones, the cellular phones, et cetera. Now, I agree that we have to have some private meetings but
again, I'm going to start out with what I said to three of the other managers. At a minimum, I would hope
that the resume of the individual would come forward. I would hope that —and this is for the protection in
the record, I think, of you, Chief Warshaw, or anyone else. I think there ought to be a complete record so
that when you're being considered to be the Manager of the new...City of New York or Houston or
Washington, DC, that there is a record and they don't have to comb through a lot of different documents and
1, for one, would like to have a full resume brought forward. Specifically, Chief Warshaw, I want to
understand and I want you to understand my concern about the direction of the City. The City of Miami has
a unique budget problem. I think we've come a long way and I think your role in holding the City together is
commendable and I think, to some extent, it shows how much we have to do as we move forward. But one
of the difficulties ... and I give deference to Commissioner Plummer, who has made this point several
times ... is the fact that the uniform services, Fire and Police, are literally eating the budget of the City alive. I
mean, in other words, when you look at the Police Department's budget, the Fire Department's budget and
you look at the growth in terms of what those budgets represent, it's crowding out all of the other
departments and one of the things that I'm going to want to talk to you about is, can you put aside being the
Police Chief, after you've been sworn in as the Manager, and can you even consider letting a deputy or
someone else sort of deal with the matters relating to Police Department? Because the natural tendency is
going to be to stick your hands in it. I understand, for example, there are a lot of concerns about these
promotions, these rushed promotions that are going on right now. You know, I think, if we're ... if you're
going to be the Manager, you ought to make a very firm commitment to be fair to the Fire Department and
the Sanitation and Parks and these other areas because we all bring to the table our histories and our
education and our experiences and it's sort of like when Mr. Sanchez... Commissioner Sanchez was talking
about the problem of Worker's Comp. in Solid Waste, immediately I related to my experience in transit,
having served as a transit administrator, and how certain industries have the problems ... by the way, the Solid
Waste Department has nowhere near fifty percent as it was represented. You have less than 15 percent of
the Worker's Comp. claims. The vast majority of the Worker's Comp. claims are with Police and Fire.
About 65 percent are with Police and Fire. But can we have those kinds of discussions? Because that's what
I'm going to want to put on the record on the 14th, that ... and I really would think it would be helpful, Chief,
if you would look at the budget of the City of Miami, historically, in terms of what Police represented, what
Fire represented, what Parks represented, what Solid Waste represented... and I don't think there's any magic
formula here but I do think the one thing that we've got to be concerned about is allowing the uniformed
services to continue to eat up the budget of the City. One other area that I'm going to be very concerned
24 September 8, 1998
about, Chief, is the role of minorities, and particularly, African Americans. I don't think that a City this size,
that is this volatile, that is this important, can continue not to have African Americans in leadership positions
and I think its almost an act of racism if African Americans cannot be given an opportunity to serve at the
top of government in some form. This City has had a distinguished record of involving the minorities,
Cuban as well as black, over the years. And for the first time, I'm being told in various... numerous
receptions, for the first time, there's no African -American either in the top management position of the City
or the Police Department or the Attorney's office. In one of those top three. But more importantly, there is
nobody even being put in a position that they can be. Maybe not in Miami. Maybe in Galveston, Texas.
But I think, if we're going to have Assistant Managers, I want to say on the record, I think every aspect of
this community should be represented and I would feel just as strongly if there were notLatins or Anglos
involved. And I commend you in giving the opportunity to women, something that is also ... and I raised this
concern with the previous Manager, that he didn't have at great reputation with women. You know, in the
same context. I should apologize to his wife. But in the context of giving upward mobility opportunities for
that. The other areas, Chief, that I'm going to be wanting to hear from you on, quite frankly, is where you
think we should be going as a City and how can we work closer with the legislature? I think one of the
things that we've got to do is try to shift this burden from the tax payers of this City to the people that are
using this City. Mayor, you go downtown ... I mean, everybody's using our City and they're in and out and
we're more and more like Washington, DC or any other commuter town. We've got to develop a much
closer relationship with the Legislature and with the Governor and Oversight Board, I suppose, in trying to
shift some of this burden. We can no longer continue to put this ... and, Mayor, I hope you agree but...
Mayor Carollo: I'm in full agreement, Commissioner. In fact, in the State of the Budget Address that I will
be giving before the end of the month, you will see that I will address that issue and I think you'll be quite
satisfied as to the areas that I will touch upon in consultation with the Manager, as the Charter says that I
must do.
Commissioner Teele: Thank you. The issue that Commissioner Plummer has raised, I think, and others,
relating to streamlining of government is one that I certainly want to endorse and I would like to understand,
privately, how we can make the NET offices more effective and I think ... by the way, I think the Assistant
Manager that's been working with this has done a very good job. Chief Martinez, I think, has really ... we're
beginning to feel a little bit of his presence and I think that's very, very important. But the concern that I
have is this. It just seems to me that we continue to act like an immature City. The City of Miami is a
hundred years old. Everything is a case of first impression that comes up around here. I was horrified to
read the story by the Herald about Miami to renegotiate contracts of Parrot Jungle and Boat Yard. I don't
know if you saw that story. It was written by Alphonso Chardy? But that story really is a direct slap in the
face at the professionalism of the Management and, quite frankly, maybe even the Law Department, at
where we are and how we're getting here. I would hope, Chief Warshaw, that we could really spend some
time working to bolster the professionalism of the Department and, quite frankly, I think, you know, we've
got a lot of people who think saying no is the way to be professional, as opposed to really just trying to
docu... I mean, basic things, Mayor. Like the County's getting more collateral or security for the same
contract that we're asking for.
Mayor Carollo: Can I address that issue before you keep going?
Commissioner Teele: Yes.
Mayor Carollo: Because I am in full agreement with what you stated there but it goes beyond the issues that
you've pointed out. It goes much greater than that. Particularly, when we're reaching a point in our history
that we're going to be dealing with more RFPs (Request for Proposals), RFQs (Request for Qualifications) in
leasing out, not only the most valuable lands that this City has but the most valuable pieces of property
anywhere in this State. We have no choice but to begin doing that right away because that's what's going to
bring the recurring dollars; its going to bring true stability to the City, where we don't have to raise any fees
or taxes. In fact, we could go back and lower them into the future. But that could only happen if we go
about things in a very businesslike manner. And what I will be proposing very soon, Commissioner, that we
do ... and you touched upon two key areas. One is the fact that what has traditionally been done is, that the
Planning Department has acted both as planners and as the business individuals that have guided us in the
25 September 8, 1998
business areas of a contract. Well, they're experts in planning, not in figuring out what a property really is
worth in the market and what we should be asking in a lease as to minimum payments in a property. That is
wrong. That's number one. Number two, while we have some very fine attorneys in the Law Department, I
will venture to say ... and I apologize if I offend the City Attorney or anybody in the City's Legal
Department... we do not have anyone whose sole expertise and experience has been being a contract
attorney, a business attorney, from the private sector. Every time that we're facing across the table attorneys
from the other side in any kind of lease, any kind of major contracts, they've got sharks on the other side and
what we have are individuals that don't have that expertise in law that we need to handle these type of
business contracts. Then what happens is that our attorneys might come and go and nobody keeps track of
what's happening in the contract. We can't go and put blame and sue our own Legal Department, so we are
at a total disadvantage. So, what I'm going to be proposing that we do in the near future, Commissioners, is
that we instruct the City Attorney's office to, for every single lease that we're going to enter into ... and really
at the RFP, RFQ part of it ... that we bring in the sharpest attorney that we can find out there and let attorneys
from the outside handle these things for us. At the end we're going to be saving a heck of a lot more than
what little we would be spending out if, frankly, we could pass on that cost to whoever wins out the bid for
the respective properties that we have. So, I hope that I'm clarifying those areas that are my concern too for
the future.
Commissioner Teele: Mr. Mayor, I'm in substantial agreement with you. I think the issue relating to the
City Attorney's office, these issues always morale. They get very sensitive and the City Attorney's now
jumping up and down, wants to say ... I'm going to yield to you, Mr. City Attorney. But I think it's also not a
function of just expertise. It's a function of time. I mean, that office is overwhelmed and ... I mean, I've sat
down and tried to look at some of those things when I was asked to work through the issues relating to the
previous City Attorney and the biggest problem we have is, we have more legal problems, more legal
challenges than we have legal man hours. But go ahead, Mr. Attorney.
Mr. Vilarello: I did want to take issue with one point. The challenges that we've received with regard to any
of these contracts haven't turned on issues of the language of the contract or the absence of language
protecting the City. They've turned on business terms. As you know, the City Attorney's Office and the
attorneys are not here to provide the guidance on business terms. We are here to provide some guidance but
our protection is really to make sure that whatever the business terms are agreed to, that those are enforced
and put into place. So, I do take exception to that. And I also take exception to the fact that the office is
overwhelmed. I am very impressed with as much work as they've been able to put out under very strenuous
situations.
Commissioner Teele: I was trying to help you explain why you keep saying you need more people. I
thought I was being helpful.
Mr. Vilarello: But that's exactly right. What has happened in the office, since I left in 19...
Commissioner Teele: I was trying to be helpful.
Mr. Vilarello: I appreciate it. And since 1990, as the office has not grown at all, yet, they have operated,
and somewhat unfortunately, in a crisis management situation and, under the circumstances, have, I think,
responded admirably. However, yes, we do need more help and we could provide that additional assistance
and avoid the slowdown, but I caution you not to focus on the absence of contracts that are in place, that deal
with the issues and protect the City. I think the City ... my staff has done an excellent job in that regard.
Business terms need to be defined more clearly.
Commissioner Teele: I don't want to turn this into a ... please. Because Commissioner Plummer now has
been very patient with me and thank you, Mr. Vice Chairman.
Vice Chairman Plummer: I'll get you later. Get even later.
Commissioner Teele: You'll get even down the road, I know. But let me just be on the record as supporting
what Mayor Carollo has said about the fact that it doesn't help to have an extra pair of eyes. I've
26 September 8, 1998
recommended... maybe our counsel is lead but special counsel to be involved because one of the things that
we're dealing with ... and I saw this repeatedly and I know Mayor Carollo's drawn from this experience at the
Arena ... where these guys fly down here with sharks and they're doing nothing but this and our lawyers are
rushing from matter to matter and I do think that there is a need, a very documented need, in some of these
matters. But let me just put this on the record, since you've said this. Because I think Mr. Beatty really
should be considered as outside counsel once he leaves the Board, perhaps. Mr. Beatty said in this article,
that the City should not have pledged general fund money to reimburse the County and should have
followed the County's example in securing the developer's private assets as collateral. Now, I'm not sure
that collateral and assets is a so-called business term as opposed to protecting the City but, again, I'm not
going to debate that issue. I think there clearly is some room that the Manager and the Attorney's office
need to look at. And what we're saying ... what Commission... what we all are saying is, we want more
professionalism and more attention because, more and more, we cannot continue to tax the citizens of this
community. We're going to have to look at outside revenue streams as a way of doing it. My final issue, at
this point, Mr. Manager ... and, again, it is my full intent to support the Mayor's recommendations. I'm not
certain what Commissioner Plummer meant when he said no action is required on this City and action is
required on the contract for certain. And I think it would be height of your responsibility if we were to allow
the Mayor's appointment to go into effect sort of without acting on it. I mean, obviously, it can go into effect
without us acting on it but that sort of, I think, failure to exercise our duty. But as it relates to the severance
contract and provision, the Mayor is proposing this, so I'm not going to question the Mayor. And
Commissioner Plummer is recommending that it be amended and I would ask that the Mayor give us his
response to that, with a new mark up on this. But I do think this, I think severance packages create a
precedent and ... Mr. Attorney, do you have a severance package?
Mr. Vilarello: No, sir.
Commissioner Teele: And what we wind up with is, the next comptroller that we bring in or the next
Assistant Manager ... I mean, we see this ... and I need to understand, Mr. Mayor, is this going to be the only
person, that's in the management side of the house, that you're going to be proposing a contract? Because I
think we need to draw a very bright line or at least say what the policy is going to be.
Mayor Carollo: Commissioner, I'll gladly answer that question.
Vice Chairman Plummer: That's the only one he appoints.
Commissioner Teele: Huh?
Vice Chairman Plummer: That's the only one he appoints.
Mayor Carollo: Well, that's the one that I appoint, of course, and the man ... but he's asking more. What I
recommend...
Commissioner Teele: I'm talking about ... I talked about staff people.
Mayor Carollo: Yeah. What I recommend that for any additional staff person, that maybe the Manager
would want to bring in under a contract. I think that's what the Commissioner's saying.
Commissioner Teele: Yes.
Mayor Carollo: No, I would not. Those are separate positions that work under the Manager. Now, the
difference here is that —let's look at our recent history. We had a manager that we gave a three year contract
to. For whatever the reasons ... I don't think we need to get into them here ... after a year's time, that contract
was not honored. Then we went through, I don't know how many additional Managers. Mr. Pedrosa came
in. After he was hired, he was given a year's contract; however, the difference was that he knew,
particularly being an attorney ... and just like this Commission knew ... that that had to go before the Oversight
Board to be approved. It was never approved because it was never sent over. Now, after everything that we
have gone through as of late and particularly when the total salary and benefits package is some fifty
27 September 8, 1998
thousand dollars ($50,000) less than what was given before, I felt it reasonable and logical that anyone
coming in as City Manager would be asking for at least a year's severance package. Now, obviously, that
has to be approved by the Oversight Board. Whether they do or not, I don't know. The reason that the City
Attorney's package that this Commission had approved of six months severance pay is not in effect and why
he does not have a severance package is because the Oversight Board did not approve it. Does that mean
that they're not going to approve the Manager's? 1 don't know. I don't know if they will look at the position
of City Attorney and City Manager different, with the possibilities that they each might have of being
terminated. I can't answer that. All I could do is, based on the facts that I have and what the history has
been, to recommend to this Commission what I would think would be reasonable and guarantees for a
Manager. It's up to this Commission to decide on what they want to approve. But, again, for the record, this
package is not only a package that's some fifty thousand dollars ($50,000) or so, less than the previous
Manager, but at the same time, I would be willing to probably go as far as to probably say that it is
somewhat a little bit even for the ... below the City Attorney's package. Pretty close to it but a little bit below.
So, I believe that...
Mr. Vilarello: I didn't add it up.
Mayor Carollo: Well, I didn't want to do it to show how much you're really making, Mr. City Attorney, but
it was agreed upon. And, frankly, I think that whatever the package is for the City Attorney is a fair package
for a City Attorney in a City this size. I think Donald Warshaw was extremely reasonable in what he
requested. That is, under what the norm would be. And certainly it's less than what the three past City
Managers that have served for any amount of time in this City have gotten.
Commissioner Teele: Thank you, Mr. Mayor. I would only offer that that I really do think that we should
establish a policy, maybe a companion resolution, that we will not entertain additional... because I think, in
recruiting people, that's going to be the obvious question that comes up, can I have a severance package?
And I think it would be very helpful to the Manager to have that as something that he cannot grant. But I do
think we need ... we, as a Commission, working with the Mayor's office, should review this matter as it relates
to the City Attorney. The last matter is one that is very controversial. As a public official, I have never
asked an employee of the City or County to raise funds for me or to be involved in politics. I think it's going
to be very, very important that we establish a clear standard, that we don't want our managers involved in
politics. I know one of the criticisms that the ... that was leveled against you was the very, very high profile
role as community you played as Chief, which I fully support. I think the Manager is a different job and I
would hope that, as a Manager, we would have a Manager who would A, be really concerned with
managing the staff and not trying to manage the media and the press and the community relations stuff. I
would hope that the Mayor and the Commissioners can figure out how to do that. I would hope ... I have seen
Managers raise funds for political activities. I would hope that we can write some language or at least have
some clear statement that we are not going to engage or we don't expect you, and no one will ask you, to
because I think it rolls down hill. And I think it's very, very important that we establish a professional
management approach and, Chief, I think this may be helpful to you at some point. It may not sound helpful
now but I think it may be helpful to you and I really do believe that we need to send a very strong signal, as
Commissioners, and hopefully the Mayor agrees...
Mayor Carollo: Absolutely.
Commissioner Teele: ...that we want our Manager to run the management of the City; to stay away from
politics. You know, obviously, you still have your first amendment rights to do what you want, as police
will quickly tell you, but the fact of the matter is that, I really do think that the idea of political activity is
something we want to start a unique relationship and Chief, I'd be very interested in you responding just to
that last issue at this time. I'm going to ask for responses on the record at some other time.
Mr. Warshaw: I'd like, Commissioner. Number one, I fully understand the very distinct difference between
the City Manager's job and the Police Chief s job, but I certainly want to tell you that it would be my highest
expectation of the new Police Chief, to be as visible or more visible than I was during the past four and a
half years in all of Miami's communities and I wouldn't choose someone who didn't have that kind of a
commitment. As far as being involved in politics. I mean, for me personally, I've never been involved in
28 September 8, 1998
political fund raising or any other kind of political activities and I certainly could understand how you would
feel that a Manager should not, in any way, be involved in that and I never have been, nor will I ever in the
future.
Commissioner Regalado: If I may just briefly. I too intend to fully support Don Warshaw as City Manager
and I hope that, in the 14th, we'll see a show of support of the City Commission. I would also ask from the
Manager, on the record, for some of the ideas in terms of his philosophy of running a City. I know that he,
in private and in public, has said to me that he wants a government that is business friendly, that is people
friendly, and that he has the capability and he has the commitment that even in the next budget show some
relief for the people of Miami. So, Mr. Manager, that would be the main issue that I would be asking you on
the record on the next time that we meet regarding your confirmation by this Commission. But I can say
that I feel that you were and are the best Chief of Police that this City had. I've worked with ... as a journalist
with many chiefs of police and I will tell you that, yes, you're right in demanding of the next Police Chief the
visibility and the accessibility to every community. And also, in your month as City Manager, you have
brought a sense of stability to this City. But I think there are many things that we have to resolve in this City
and especially the issue of being people friendly and business friendly is the issue that I will be asking you
on the record.
Commissioner Sanchez: Mr. Warshaw, you walked through the storm and held your head up high and that,
I give you my full respect and you earned the respect of the public. Now, let me warn you, you're about
enter the twilight zone here and I ask that one simple thing is that, if you do get in, which I think you will,
because I think you do have the votes, that you basically evaluate each department in the infrastructure of
our government and concentrate on that because that's something that is our number one priority and I think
you will do well. Now, on Section 6 I do have a concern on that and that is the fee for ...your attorneys fee
for thirteen thousand dollars ($13,000). 1 think ... and that was ... correct me if I'm wrong. That was for you
when you fought for your Chief s job, when they were trying to get rid of you. It had nothing to do with the
City Manager, so that's something that might send out a wrong message to the tax payers of this City, so I
ask that you do set up a meeting with me so we could talk about this and see if we could come to an
understanding because ... you know, it's something that's going to be very ... ifs going to be questioned very
hard.
Vice Chairman Plummer: Anybody else wish to ramble? Next Item is Item 2.
Commissioner Teele: Mr. Chairman, I would ask that the item be placed on the agenda for the 14th as a first
item, the action on this resolution.
Vice Chairman Plummer: So be it. Mr. Manager, you're instructed.
Mr. City Attorney?
Mayor Carollo: Excuse me. Is the 14th, Commissioner Plummer, the next scheduled meeting?
Vice Chairman Plummer: That's the meeting for the waste fees that we set aside just for that...
Mayor Carollo: For the 14th.
Vice Chairman Plummer: Waste fees in its entirety.
Mayor Carollo: For the 14th, OK.
Commissioner Teele: What is that, two o'clock?
Vice Chairman Plummer: That's...
Mr. Vilarello: Five, I believe.
Vice Chairman Plummer: Five.
29 September 8, 1998
Commissioner Teele: Maybe we could do this at four, 4:30?
Vice Chairman Plummer: Whatever you wish, sir.
Commissioner Teele: I would move that we...
Vice Chairman Plummer: Four o'clock is fine. Mr. City Manager, you're so instructed for four o'clock. Can
you do the advertising between now and the 14th?
Mayor Carollo: Absolutely.
Mr. Foeman: It's a special meeting, so it doesn't matter.
Vice Chairman Plummer: OK. All right. I guess we should do that in the form of a motion.
Commissioner Teele: So moved.
Vice Chairman Plummer: By Teele. Seconded by Regalado. Show no opposition.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 98-848
A MOTION TO AUTHORIZE AND DIRECT THE CITY MANAGER
TO SCHEDULE PROPOSED RESOLUTION, WITH
ATTACHMENT(S), RATIFYING, APPROVING AND CONFIRMING
MAYOR JOE CAROLLO' S APPOINTMENT OF DONALD H.
WARSHAW AS CITY MANAGER OF THE CITY OF MIAMI, AS
THE FIRST ITEM FOR COMMISSION CONSIDERATION AT THE
SPECIAL COMMISSION MEETING PRESENTLY SCHEDULED
FOR SEPTEMBER 14, 1998, BEGINNING 4 P.M.
(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.
Vice Chairman Plummer: Mr. City Attorney.
Mr. Vilarello: Just one point for the record. The record should be clear that the Mayor is making the
appointment of Donald Warshaw.
Mayor Carollo: The record is absolutely clear that I am making, as of today, the official appointment of
Donald Warshaw as the City Manager of the City of Miami.
Vice Chairman Plummer: We have 14 days to get rid of him, so that's no problem.
30 September 8, 1998
Mayor Carollo: I'm not sure if that's applauding the appointment or applauding the statement by
Commissioner Plummer.
Vice Chairman Plummer: All right. You want me to go ahead?
Mayor Carollo: Yes, go ahead.
Vice Chairman Plummer: All right. And I'm going to run through these and, Mr. Teele, you or anybody
else have a problem, just say so. Item 2 is a resolution recommended by the administration 3528 Royal
Palm Avenue.
Commissioner Regalado: Was withdrawn.
Vice Chairman Plummer: It's withdrawn? Item 2 is withdrawn.
Mr. Kay: That was the one that was not advertised, Commissioner.
6. AUTHORIZE'' CITY MANAGER TO ALLOCATE ($60,000) FROM CITY-WIDE STREETS AND
SIDEWALKS PROJECTS, PROJECT CODE 799226, FUNDED BY 24TH PROGRAM YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS, -- FOR MAKING SOFTBALL
FIELD IMPROVEMENTS ON PORTION OF LOT LOCATED AT 1501 N.W. 3RD STREET.
Vice Chairman Plummer: Oh, I'm sorry. That's my mistake. OK. Item 3. Item 3 is a resolution reference
to sidewalks for sixty thousand dollars ($60,000). Is there a motion?
Commissioner Regalado: Move.
Vice Chairman Plummer: Move by Regalado. Seconded by Sanchez. Anyone...what are you standing up
for?
Mr. Goenaga: Let me tell you, Mr. Plummer, you have been here 28 years.
Vice Chairman Plummer: Almost 29.
Mr. Goenaga: Well. And if you would have heard me and you would have put into practice my
suggestions, you can rest assure that the City of Miami would not be in the place it is now.
Vice Chairman Plummer: No, it would be worse. And what is it that you wish...
Mr. Goenaga: The thing is that this is a public hearing. You are rushing me too much.
Vice Chairman Plummer: And what do you want to ... all you got to do is raise your hand.
Mr. Goenaga: That you will have saved a lot of time on all these things if you would have proposed me as
City Manager. I still have the opportunity to be Chief of Police.
Vice Chairman Plummer: You hold on for the next 14 days.
Mr. Goenaga: I'd rather prefer to be Chief of Police to fix up this Police Department.
Vice Chairman Plummer: Thank you. Item 3. Is there any further discussion on Item 3? All in favor say
"aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Show unanimous.
31 September 8, 1998
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-849
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ALLOCATE SIXTY THOUSAND DOLLARS ($60,000.00) FROM
CITY -SIDE STREET AND SIDEWALKS PROJECTS, PROJECT
CODE 799226, FUNDED BY 24TH PROGRAM YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS, FOR THE
PURPOSE OF MAKING SOFTBALL FIELD IMPROVEMENTS,
INCLUDING THE INSTALLATION OF SOD AND A PERIMETER
SECURITY FENCE ON A PORTION OF THE LOT LOCATED AT
1501 N.W. 3RD STREET.
(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 Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort
7. AUTHORIZE CITY MANAGER TO REALLOCATE $300 000 OF AVAILABLE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM CONTINGENCY FUNDS (700022-700023) -
- FOR CITY-WIDE LOT CLEARANCE, PROJECT NO. '799229 -- TO CONTINUE LOT
CLEARANCE EFFORTS IN LOW AND MODERATE INCOME TARGET AREAS - COMMENTS'`
ON NEED FOR MORE FUNDS FOR LOT CLEARING PURPOSES AS WELL AS TO POST
VIOLATION NOTICES ON OVERGROWN LOTS -- FURTHER COMMENTS ON NEED FOR CITY
MANAGER TO INSTRUCT STAFF TO DEMOLISH BURNED STRUCTURE ON Ist AVENUE AND
19 STREET.
Vice Chairman Plummer: Item 4. City ... three hundred thousand for projects of the target areas.
Enhancement by the NET offices. Is there a resolution? It's moved by Teele.
Commissioner Regalado: Second.
Vice Chairman Plummer: Seconded by Regalado. Any further discussion?
Commissioner Gort: Discussion.
Vice Chairman Plummer: Discussion. Mr. Gort.
Commissioner Gort: What item are we on?
Vice Chairman Plummer: We're on four.
Commissioner Gort: Is this the...
Vice Chairman Plummer: This is lot clearing.
32 September 8, 1998
Commissioner Gort: The lot clearing. I had a question on that one.
Vice Chairman Plummer: Okay.
Commissioner Gort: I've seen most of the different neighborhoods being represented, Allapattah, and how
would that be taken care of? Would that be taken care of by the Citywide Lot Clearance NET or...
Vice Chairman Plummer: Of course.
Mr. Donald Warshaw (City Manager): This is a Citywide Lot Clearing Committee, so it includes all
neighborhoods in the City.
Vice Chairman Plummer: I already told you, Mr. Gort, did you know I'm heading up that committee, how I
got involved?
Commissioner Gort: Don't worry. I'm going to be calling you every day.
Vice Chairman Plummer: Well, feel free because we're going to set some damn stringent guidelines and
we're going to start hitting some people in the pocket books, on those that we can, to get their lots cleared.
Commissioner Gort: The second question that I have is, the fifty thousand dollars ($50,000) allocated for
CDBG (Community Development Block Grant), this is for the housing?
Vice Chairman Plummer: I'm only showing three hundred thousand for lot clearing.
Commissioner Teele: The fifty thousand dollars ($50,000) went to a park. Sixty thousand...
Commissioner Gort: No, I'm talking about ... I'm song. I'm on Item 4, when you look at the City of Miami
Community Development Block Grant.
Vice Chairman Plummer: That's other than the item agenda.
Commissioner Gort: These are others.
Mr. Warshaw: Item 4 is the three hundred thousand dollars for the CDBG.
Commissioner Gort: For block grants. So, this is just additional information, not allocation...
Vice Chairman Plummer: That's it. FYI(for your information).
Commissioner Gort: ...being made today, am I correct?
Ms. Gwendolyn Warren (Director, Community Development): Correct.
Commissioner Gort: OK, thank you.
Vice Chairman Plummer: And I think, for the record, we should note that this is money that we're going to
be laying out. Hopefully, we're going to be getting back for a seed kind of moneys, so that's the way it is. I
don't know if three hundred thousand is going to be enough but it will be a good start.
Commissioner Teele: Two issues.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: I very much would like to see the plan because, you know, I see more and more what
this City has done and I think it's important to be a plan and this money is not available Citywide, contrary to
33 September 8, 1998
what is being said. It's being available CDBG target area -wide and that's not Citywide. It needs to stay in
the target areas. And see, I'm finding more and more projects being assigned Overtown that are being done
downtown and all kinds of stuff going on and I don't have a problem with it but I just think we need to call it
what it is and stop saying we're doing something in an area when we're not doing it in that area.
Mr. Warshaw: Commissioner, I stand corrected. When I said Citywide, within the target areas. Citywide in
all areas.
Vice Chairman Plummer: Well, wait a minute. Then, he raises a good question, OK? I would say that
there's very little target area in my district and, yet, I have problems, not as much as in his district, so I think
you're going to have to come up with another sum of money for the purposes of lot clearing. You know, if
we are successful.. just for my colleagues... what we're talking about is ... one of the items is on the agenda
today —that there's going to be a 20 percent administrative fee for people who do not comply or a hundred
dollars ($100), whichever is greater. We are already talking about going out to private companies to get a
square footage to do, in fact, the removal of lot clearing on anything that exceeds 18 inches. So, I want you
to know, these are the things we're working on; how much this Commission wants to stand up and be
counted is going to be ... you know, are we going to do like Fort Lauderdale? Are we going to put people in
jail for illegal dumping? I mean, just ... you know, we're going to give you a whole smorgasbord of which
you can pick and choose from this committee to try to get this City cleaned up.
Commissioner Regalado: J.L.?
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: The CDBG cannot be used in other than target zones.
Vice Chairman Plummer: I understand that.
Commissioner Regalado: So, but what you say of levying a 20 percent charge on Citywide can be used to
clean lot throughout the rest of the City and that's... you know.
Vice Chairman Plummer: Mr. Manager, let me clarify with this here, if I may. This three hundred thousand
dollars ($300,000) is not a grant of money. This is to get the job done, to be reimbursed, am I correct?
Ms. Warren: With the exception of City lots, yes.
Vice Chairman Plummer: Oh, City lots, of course. I mean, what are we going to do, charge ourselves?
That's crazy. Mr. Manager, I want to tell you and then I'm going to quit. Where's Martinez? Martinez, I
want to tell you, in my district ... and I'm going to tell you again and again and again ... every lot that I drive by,
in my district, that has debris over 18 inches that is not posted, of every lot that I drive by and see abandoned
cars that are not posted, sir, it is telling me that someone is not doing their job. And I don't know how long
our new Manager is going to put up for people not doing their job but I want to tell you, that I have promised
I am going to clean up my district and the only way I'm going to do it is through enforcement. So, Mr.
Martinez, go back up to I st Avenue and 19th Street. This is now the 19th month that a burnt out building is
still standing as a homage to a disgraceful thing in this City. They cleaned up one area up on the corner, on
20th Street, and did nothing else. That burned out building, who Mr. Teele says is in his district of
Overtown, is in my district. Regardless of whose district it is, it is now the 19th month that we're waiting for
some kind of action before the Unsafe Structures Board ... and I don't know why that thing is still remaining
standing. Any further discussion on Item Number 4? hearing none, it's a resolution. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposition? Show it unanimous.
34 September 8, 1998
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-850
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
REALLOCATE $300,000 OF AVAILABLE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
CONTINGENCY FUNDS (700022-700023) FOR CITY-WIDE LOT
CLEARANCE EFFORTS IN LOW AND MODERATE INCOME
TARGET AREAS INITIATED BY THE CITY'S NEIGHBORHOOD
ENHANCEMENT TEAM (NET) DURING THE 1998-1999
PROGRAM YEAR.
(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
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: Nancy MaCune, are you present concerning the deterioration of your
neighborhood? Nancy MaCune? All right, withdrawn.
[NOTE FOR THE RECORD: ITEM NUMBER 5 WAS WITHDRAWN FOR LACK OF
APPEARANCE]
8. PERSONAL APPEARANCE: CAPTAIN FERRER TO DISCUSS PROGRESS MADE
CONCERNING NOISE ABATEMENT AT MIA.MI INTERNATIONAL AIRPORT -- DIRECT
ADMINISTRATION TO COMMUNICATEREGULARLY WITH MIAMI DADE COUNTY ON SAID
ISSUE.
Vice Chairman Plummer: Commissioner Regalado?
Commissioner Regalado: Yes.
Vice Chairman Plummer: Noise Abatement.
Commissioner Regalado: We have here Captain Ferrer and Captain McCoy. The City should be very proud
to have Captain Ferrer and Captain McCoy representatives in the Noise Abatement Committee of Miami
International Airport, along with Francisco Garcia. I think there is a sense of urgency in what they have to
say, although brief, but I think that the Commission and the Mayor and the administration should know that
the City of Miami is doing what it can to fight noise from Miami International Airport and that we need to
do whatever we need to do as soon as possible before the fourth runway is approved and it starts to be built.
So, I would ask Captain McCoy and Ferrer to briefly, at lease, give us an overview of what the City is doing
and what can we do as a City government? Captain.
Captain Ferrer: I just want to point out to the Commissioners that we have been working for more than six
35 September 8, 1998
months right now with the people in charge of the airport. Now, the task force about 13... two persons, 34th
person and 99 percent of them doesn't know anything about aviation. This is a great problem that we have
right now. Even Captain McCoy and myself, we have tell the people that we need a profile for take -off,
which is the most easiest thing that we can do right now to alleviate almost thirty percent of the noise in
Miami in every place. But they don't follow this. And the Commission do not agree with us. Something that
is so old that, when I retired 14 years ago from Eastern Airlines, we used to do it. And they say, well, we
have to check with other airport. I just want to let you people know that Miami is the only airport in the
whole United States that don't have a noise abatement procedure.
Commissioner Regalado: That's true.
Vice Chairman Plummer: But the way we're going, we're going to.
Captain Ferrer: So, that's the only thing I just want to tell the Commission. We have another meeting in a
few days and let's see what happen. I don't know if Captain McCoy want to say something.
Vice Chairman Plummer: You have some comments, sir?
Commissioner Regalado: Captain, what can we, as a City, do to support your efforts in the committee?
Captain Patrick McCoy: I think ... oh, my name is Patrick McCoy. I live in the City of Miami at 679
Northeast 58th Street. I think there are three things the City of Miami needs to do. Number one, it has to
take an aggressive leadership position on jet noise. The City of Miami is the largest recipient of noise in all
of Dade County. I think the leadership role has to be aggressive because I do not believe that Dade
County ... Miami -Dade County is interested in changing the status quo. And, as Captain Ferrer has
mentioned, we've been meeting since January and, to date, we have done nothing for the City of Miami as
far as noise is concerned. Secondly, a Part 150 Study ...and very briefly, it's a study that will be conducted
by the Federal Government. They would come in and provide the facilities to study the problem and the
study would identify those homes which would be eligible for Federal funding for sound proofing.
Interestingly enough, in the register —the Federal register is included central air conditioning as part of any
sound proofing. And I think this is an important item for many of the residents of this City. We have
approximately fifty thousand homes that could be eligible for this funding. I think this is an issue that the
City of Miami, even though you passed July 14th, unanimously, a resolution requesting the County to
pursue a Part 150 Study, I don't think anything will happen unless this City takes an aggressive leadership
position. That was point number two. Point number three, as Captain Ferrer already mentioned, we need a
new client profile. Most of this City lies east of the airport. Most of the departures from Miami
International Airport take off to the east. Consequently, we become the largest dumping ground for noise.
The ICAO Climb, very briefly, the International Civil Aviation Organization's Climb is used all over the
world. It's perhaps the single most effective tool that we could possibly use immediately to effectively
change the current noise patterns. However, this climb can only be mandated as policy if MiamfDade
County determines to do that. I've spoken with the FAA (Federal Aviation Administration) about this
particular climb and I've spoken to the two largest carriers at MIA and both agree that they would
immediately begin this new climb profile if Miami•Dade County would make it policy. And that, again,
would require, I think, an aggressive leadership on the part of the City to make that happen. And I
think ... those are my three main points.
Vice Chairman Plummer: All right, sir. Anything ... All right. Let me, if I may, just interject here.
Commissioner Regalado: J.L., if I can?
Vice Chairman Plummer: Sure.
Commissioner Regalado: I would introduce a motion to direct the Administration to start communicating on
a regular basis with Miami -Dade County. If we do not act soon, before the approval of the fourth runway, I
think that the County, frankly, is dragging its feet on this issue. And I will tell you, I have been at the
meetings with Captain McCoy and Ferrer and I think that what they are saying is the correct thing to do. We
36 September 8, 1998
have to act aggressively because, otherwise, I don't know if we already have in place the noise detectors, Mr.
Manager. We should, by now... Francisco is here somewhere. We should ... the noise detectors in the five
locations in the City of Miami?
Mr. Francisco Garcia: The answer is, they have been permitted...
Vice Chairman Plummer: Hold it. Your name.
Mr. Garcia: I apologize Francisco Garcia with the Department of Planning and Development, City of
Miami. They have been permitted by the City. They are presently in the process of being implemented
throughout the City as directed by the Commission.
Vice Chairman Plummer: OK. Restate your motion, please.
Commissioner Regalado: My motion is to direct the administration to one, start communicating with
Miami -Dade County regarding this issue. Second, to support with staff and all information the members of
the team of the City of Miami, Francisco, Captain Ferrer and Captain McCoy, so they will have the full
support of the administration in their meetings and committee.
Vice Chairman Plummer: Is there a second? Seconded by Commissioner Gort.
Commissioner Gort: Let me ask a question.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: Shouldn't you add that we should request ... my understanding is, the only person that
can request an A-150 Study from the Federal Government is the County itself. Shouldn't your motion state
that they should request that?
Commissioner Regalado: We did pass that but, as Captain McCoy says, they haven't done that. However, if
Miami International Airport were to implement what CaptainFerrer and Captain Coy presented, and I was
there, the noise will diminish by thirty percent immediately. So ... I mean, you know, we do first what we can
do. I think that...
Vice Chairman Plummer: Any further...
Commissioner Regalado: ...that should be our goal.
Vice Chairman Plummer: Any further discussion? Let me just indicate for the record, that in two of my
areas of my district, they have made this a paramount item to be discussed, that is, the upper east side. They
are very much involved in it. You're very much aware. And also the Brickell Homeowner's Association
because one of the testing is in Wainwright Park. OK. Any further discussion? All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show unanimous.
37 September 8, 1998
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 98-851
A MOTION DIRECTING THE CITY MANAGER TO MEET WITH
REPRESENTATIVES OF MIAMI-DADE COUNTY IN
CONNECTION WITH ABATEMENT OF NOISE CREATED BY
MIAMI INTERNATIONAL AIRPORT; FURTHER SUPPORTING
THE CITY OF MIAMI TEAM (CAPTAIN FERRER, CAPTAIN
MCCOY AND FRANCISCO GARCIA) IN ITS EFFORTS TO
ADDRESS THIS ISSUE.
(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.
Vice Chairman Plummer: Item 7. Representatives of Coconut Grove Chamber of Commerce.
Ms. Olga Fraga: Good morning. I'm Olga Fraga and I'm Executive Director of the Coconut Grove
Chamber. We're requesting having two consecutive events in Peacock Park. As the Super Bowl is here, we
want to take advantage of the additional people that will be in the City of Miami and have an event that
celebrates that momentous occasion her in the City.
Vice Chairman Plummer: So what are you asking of this Commission?
Ms. Fraga: That we be allowed to have two events in the Peacock Park consecutively, within the same
month, that is not allowed at present.
Vice Chairman Plummer: Have you taken it before the Festival Committee?
Ms. Fraga: Yes, and they've approved it.
Vice Chairman Plummer: And?
Ms. Fraga: It's been approved by the Festival Committee.
Vice Chairman Plummer: They approved it?
Ms. Fraga: Uh-huh.
38 September 8, 1998
Vice Chairman Plummer: Does it have to come before us if they approve it?
Mr. Alejandro Vilarello (City Attorney): There's a street closure request, a relaxation, a noise ordinance
and an authorization to sell alcoholic beverages.
Vice Chairman Plummer: Well, the noise, until what time? One o'clock is not bad. Now, let me ... what
dates are these?
Ms. Fraga: OK. The Taste of the Grove is the 23rd and 24th. And the Super Bowl is the 31st. So it would
be the weekend of the 30th and the 31 st.
Vice Chairman Plummer: All right. The only reason I'm bringing this up is that, Mr. Mayor, you've got me
for four dates at Bayfront Park. Four days of parties for Super Bowl. And I would hate to see, by having
parties here and parties there, we diminish the effect of the parties. I have no objections to, you know, you
all doing your thing but, basically, it's my impression from my Executive Director at the park that the
instructions are coming from the Mayor's office about having these Super Bowl parties in the Bayfront Park.
Am I correct, Mr. Mayor?
Mayor Carollo: If you say so, Commissioner. You are correct.
Vice Chairman Plummer: OK. Well, then, some how or another, the vibrations are coming down the steps
that that's the case. Mr. Manager, you say you recommend with conditions. What are the conditions?
Mr. Donald Warshaw (City Manager): There are two waivers being requested. One of them is the noise.
Vice Chairman Plummer: No, no, the conditions. The conditions of what they've got to comply with. What
are the conditions?
Mr. Warshaw: Paying for the cost of all City services, applicable permit fees, obtaining insurance, including
liquor liability to protect the City, the amounts stipulated by City requirements, and instituting an
identification program to assure that only those over the age 21 will buy alcoholic drinks.
Vice Chairman Plummer: And are any of those back to back? I mean, are you closing the street on two
successive days?
Ms. Fraga: No. Well, during Taste of the Grove, yes, there's two consecutive days in which streets are
closed. During the Super Bowl event, we don't anticipate having to close the streets.
Vice Chairman Plummer: You know, I'm getting my head beat in because it's my district again, with a
Halloween event, which they're talking four consecutive days of Halloween.
Ms. Fraga: I think that event has been down scaled pretty much.
Vice Chairman Plummer: Well, hopefully, it's going to be. We're going to have a couple of prayer meetings
over that. It's up to the Commission. What do you wish to do?
Ms. Fraga: I can also assure you that we will work with Ira and make sure that both events target different
type of markets, so that we don't, you know, lose...
Vice Chairman Plummer: Mr. King, you wish to be heard?
Mr. Jack King: Yes, sir.
Vice Chairman Plummer: I don't know why but go ahead.
39 September 8, 1998
Mr. King: My name is Jack King. I live at 3549 Loquat Avenue. One thing that ... I just found out about
this. I'm sorry. Sometimes even the media is kept in the dark. I know you all do that on purpose. That
particular weekend and the week preceding it is also the Olympics Class Regata. There will be some
thirty-five hundred sailors here from all over the world at the five yacht clubs in the area. Two of the events
will be held at Coconut Grove Sailing Club. There will probably be four hundred board sailors here from all
over the western hemisphere. This is the last warm-up and the last qualifier for many of the countries, for
the City 2000 Olympics and Sailing and also the Yurdinghies (phonetic) will be at Coconut Grove this year.
That's going to make it pretty difficult if you close the cuWe-sac at McFarland Road. That's the only access
we have to the property.
Vice Chairman Plummer: Well, you know, the same ... we've got to be honest. And the same thing about
Halloween. We're saying, well, we're not going to close the road. When you put six thousand people in
Bayfront... in Peacock Park, effectively you're closing the road.
Mr. King: Yes, sir.
Vice Chairman Plummer: I mean, it's ... lefs not kid ourselves.
Mr. King: For all intents and purposes, it gets closed, yeah.
Vice Chairman Plummer: I think, Mr. Manager, on this item, if my colleagues have no objection, I'd like to
put it back over to the next agenda and come up ... I think we've got to give more consideration. I think we've
got to have more conditions, taking into consideration what Jack had brought out about the sailing. That's
very, very important. That's an item that's there.
Commissioner Teele: Move to defer.
Vice Chairman Plummer: Move to defer by Teele. Seconded by Sanchez. We're not speaking against your
item, understand? All right. But I think we've got to have more coordination, so we're not conflicting.
Ms. Fraga: That's fine. Thank you very much.
Vice Chairman Plummer: OK. I'm sorry?
Commissioner Regalado: If I may, J.L. If I may, I think that the City of Miami should take the possibility
of doing whatever parties we can do during the Super Bowl of next year. The fact is that all the national
press is going to be doing side stories and, you know, when the national press is in a City to cover a Super
Bowl for three or four days, what they do is side stories and that party will be included in all the national
networks. I will tell you that that will bring a tremendous promotion to Coconut Grove. So, Mr. Manager, I
will ask you to work with them because I think that we cannot miss that opportunity. I just want to say also
that I want to thank the Administration for the support that you all gave last night to the Will Smith taping.
It was a success. I was there. About two thousand people showed up.
Vice Chairman Plummer: Are you cheating on me?
Commissioner Regalado: The City of Police Department... I'm sorry?
Vice Chairman Plummer: Are you cheating on me?
Commissioner Regalado: Yes. The City of Miami Police Department. I mean, you should have been there
because I think it's important what they did in Watson Island. I mean, it looked like a paradise and they did
it in two days. And I also have to say that we need to commend the people of one of the City's properties
that have a lease with the City, Fire House 4. They paid most of the police overtime that we needed last
night. They paid about five thousand dollars ($5,000), if that's the case, Mr. Manager, but I wanted to
commend you for the support that the City of Miami Police and the Fire Department gave to the Will Smith
concert. And, by the way, the City of Miami has been granted the use of the song Miami for promotional
40 September 8, 1998
use by Will Smith.
Vice Chairman Plummer: Mr. King, I would appreciate you working with the administration to bring that
home, exactly the impact of that selling.
Mr. King: Thank you. It's a large event. I mean, this is a...
Vice Chairman Plummer: OK. Nobody just never gave it a second thought.
Mr. King: I know. And it's ... one of the problems is in the January, February, March months. Virtually,
every sailor in the world that is in a cold port ends up in Miami and for good reasons. This is the greatest
place in the world to go sailing.
Vice Chairman Plummer: So be it.
10. DISCUSS / DEFER TO LATER IN SESSION (IN ORDER TO OBTAIN MORE
DOCUMENTATION) CONSIDERATION OF AGENDA ITEM 29 (PROPOSED AUTHORIZING
AND DIRECTING CITY MANAGER TO INCLUDE $25,000,000 TO BE MADE AVAILABLE
FROM FUTURE SECTION 108 LOAN GUARANTEES AS MATCHING FUNDS FOR MIAMI DADE
COUNTY EMPOWERMENT ZONE) - SEE LABEL 14.
Commissioner Gort: Mr. Chairman, can you call Item 29, please?
Vice Chairman Plummer: There's a request by my colleague for Item 29. Are there people here on Item 29?
It's in reference to twenty-five million dollars ($25,000,000) matching funds for the Empowerment Zone.
Ms. Dena Bianchino (Assistant City Manager): You have a recommendation before you to approve funds,
which have previously been allocated to support the Empowerment Zone and we have asked the author and
a consultant, who has been working with the County on this, Merelyn Malcony, to please make a
presentation to the Commission about what the zone will do for the City of Miami.
Vice Chairman Plummer: Well, I guess I have a question first, after going through the Parrot Jungle.
Commissioner Sanchez: So do I.
Commissioner Teele: Before they make their presentation, I want to understand the staffs recommendations
first.
Vice Chairman Plummer: Staffs recommendation first.
Commissioner Teele: I don't see a copy of the County document for the one hundred million dollars
($100,000,000). Where is the County resolution? City staff?
Ms. Bianchino: I have not seen it, sir.
Commissioner Teele: Well, this whole thing is predicated on us ... have you read the document that's before
us, ma'am, the resolution?
Ms. Bianchino: Yes, sir. And the County...
Commissioner Teele: It's predicated on what? It's predicated on us matching what the County has done.
Ms. Bianchino: And the County...
Commissioner Teele: All right. So, before we get put in another cookie jar, where is the county document?
41 September 8, 1998
Ms. Gwendolyn Warren (Director, Community Development Department): We do not have a copy of it
with us here but I have seen it and our resolution is...
Commissioner Teele: But has it been analyzed though? I mean... you know, we've got to be professional
about this stuff. I will tell you that I think, you know, listening to what Commissioner Regalado's talking
about in the airport noise, looking at the whole issue of Water and Sewer, you know, the County's just eating
our lunch and how can we start talking about matching money on a resolution and we don't even have the
County resolution before us.
Ms. Warren: When this resolution... the City resolution was drafted...
Commissioner Teele: Well, I move that this matter be deferred until for later on today and let's get all the
documents. Let's start with all of the documents. I am very, very interested in knowing how we have dealt
with the previous resolution because...
Vice Chairman Plummer: Commissioner Teele, if I may?
Commissioner Teele: Yes.
Vice Chairman Plummer: There are people here from the County? Would you want to allow them...
Commissioner Teele: If they've got the document. I mean, we ought to read that document.
Vice Chairman Plummer: My understanding, when I was asked to take this out of line was that they could
not come back this afternoon.
Commissioner Teele: But, J.L., look, it's fine...
Vice Chairman Plummer: My question is, do you wish to hear from them now?
Commissioner Teele: J.L., its fine to talk about ... we need to have our act together before we meet with
them. How can the City staff...
Vice Chairman Plummer: I'm asking you, what do you want to do?
Commissioner Teele: ...bring us a document, a resolution... no, listen to me. How can the City staff give us a
resolution that we're matching money with the County and we don't even have the County's document before
us?
Ms. Warren: Sir...
Vice Chairman Plummer: I don't disagree with you. I'm asking the question, since the staff of the County
have indicated they cannot come back, do you wish to hear them now and wait until this afternoon to make a
decision? What is your pleasure or that of the Commission?
Commissioner Teele: Whatever... whoever... Commissioner Gort wanted to bring it up. Whatever he wants
to do.
Commissioner Gort: Excuse me.
Vice Chairman Plummer: Commissioner Gort, what do you wish to do?
Commissioner Gort: Let me give you a suggestion. If the County have passed it, we have fax, which I
understand it takes one or two minutes to pass it. Could you call your County office and ask them to fax it to
you?
Ms. Warren: We can get a copy of the original.
42 September 8, 1998
Vice Chairman Plummer: That will be fine. We'll now go back to the regular agenda while you're waiting
to get...
Ms. Warren: Just as a point of information, our resolution is identical to theirs, with the exception of the
dollar amount. It was drafted from theirs.
Vice Chairman Plummer: OK. I have one question that you come back and be ready to answer when you
come back, in dealing with the Parrot Jungle, I need to know, without the multiplier, how much is left in
what the City can draw down on 108? Because, you know, I know that the County are sitting there listening
saying, well, if you're doing this, why didn't you do the Parrot Jungle? So, when you come back, I need to
know from you exactly what is left in the City's ability to draw down with or without the multiplier.
Ms. Warren: OK.
Vice Chairman Plummer: OK.
Commissioner Gort: Also, my understanding is, when you come back and how the twenty-eight million
dollars ($28,000,000) will be utilized within target area and is specific project those funds will be utilized
for. I think it's very important. It's not just a commitment to...
Vice Chairman Plummer: All right.
Commissioner Gort: My understanding is, is this is to be invested in the community and be utilized by the
community during the Empowerment Zone. OK.
Vice Chairman Plummer: All right.
Commissioner Sanchez: Well, what's going to happen?
Vice Chairman Plummer: Would you please take the people from the County either to my office or to any
office...
Commissioner Teele: Commissioner Sanchez wants to be heard before you...
Commissioner Sanchez: No, no, no.
Vice Chairman Plummer: All right. But wait a minute. I'm saying is, is to do that so that they can get to a
fax machine, hopefully, and get that document. I will hold over a little afternoon, not a whole lot but I'll
hold over until after ... a little afternoon to get this matter heard so that we have every opportunity to speak.
But I'm asking you, as soon as Commissioner Sanchez has made his comments, to take them immediately to
a fax machine and get that which Commissioner Teele has requested. Commissioner Sanchez.
Commissioner Sanchez: It's very important that we hear this today because we worked very, very hard on
this. This is ... it benefits the City to the utmost point. Five thousand jobs. Look at all ... you have the memo
there, says all the things that it provides the City. I would like to hear it today because ... is there a deadline
for this? So, I would...
Vice Chairman Plummer: That's fine but you've heard Commissioner Teele. It is not an unreasonable
request. You've heard Commissioner Gort.
Commissioner Teele: The issue is not, do we want the Empowerment Zone. The issue is, what kind of
commitment are we matching? I mean, this is not about do we want the Empowerment Zone. This is about
twenty-five million dollar ($25,000,000) 108 right now. Isn't that what we're talking about?
Mr. Warshaw: Yes. We'll get the copy.
43 September 8, 1998
Commissioner Teele: And is this aggregate? Because your resolution says this is not aggregate. It's
inclusive of Parrot Jungle, is what your resolution... buried into the details of the resolution but it's not clear.
And then I want to also understand how Section 3 of the previous resolution that we passed has been
implemented, 98-636, Mr. Manager.
Vice Chairman Plummer: OK.
Commissioner Sanchez: Are they going to come back today?
Vice Chairman Plummer: Hopefully, they're going to come back before noon or a little after.
Commissioner Teele: Before twelve o'clock.
Commissioner Sanchez: OK. Because this is very important.
11. '_ EMERGENCY ORDINANCE'' To AMEND INITIAL RESOURCES AND INITIAL
APPROPRIATIONS FOR LAW ENFORCEMENT TRUST FUND, PURSUANT TO ORDINANCE'
NO. 9257, -- PROVIDE FOR INCREASE OF $3,000,000 FROM FORFEITURES. -- COMMENTS' ON
NEED TO REDUCE POLICE OVERTIME.
Vice Chairman Plummer: Item 8. Item eight is an emergency ordinance. It relates to three million dollars
($3,000,000) for Law Enforcement Trust Fund, which I assume this is a transfer over to General Fund?
Mr. Donald Warshaw (City Manager): No, sir. This is an appropriation of new money. It's an acceptance
of appropriating three million dollars ($3,000,000) of additional...
Vice Chairman Plummer: From who?
Mr. Warshaw: From dollars that have been seized by the Police Department.
Vice Chairman Plummer: And where does the money go into?
Mr. Warshaw: Goes into the City's bank account and, basically, cannot be spent.
Vice Chairman Plummer: The General Fund.
Commissioner Teele: So moved.
Mr. Warshaw: In the trust fund. It cannot be spent until resolutions come back before the Commission.
Vice Chairman Plummer: Mr. Chief, let me tell you something. I've asked for these and for so-called
protracted investigations, which is another one coming up, that we don't interfere, in any way, with the
investigation. But when it is concluded, that we be sent a detailed report of how the money was spent. To
this date, I've never received one, OK? I'm telling you, it's going to stop because one of the things this
afternoon, when we go into budget, that I'm going to be extremely strong on is that overtime. That overtime
is going to come down, without any question in my book, OK? Emergency ordinance. Anybody got a
problem? Is there a motion? Just wart a minute. Is there a motion?
Commissioner Regalado: Motion.
Vice Chairman Plummer: By Teele. Seconded by Regalado. Mr. Goenaga.
Mr. Goenaga: Mr .... let me tell you. I am make...
Vice Chairman Plummer: Excuse my. Turn the clock on.
44 September 8, 1998
Mr. Goenaga: Yes. For your information, I am going to compete with you. I am organizing the Boom
Boom Funeral Home.
Vice Chairman Plummer: You got a long way to go.
Mr. Goenaga: For dead politicians and I hope you will be the next one.
Vice Chairman Plummer: Thank you.
Mr. Goenaga: Anyway, you see, Mr. Manager, this is another...
Vice Chairman Plummer: Wait a minute. Could I consider that a threat? Would you take him over...
Mr. Goenaga: I have been threatened every day by you.
Vice Chairman Plummer: Take him to the Warshaw penthouse. Go on. Hurry up.
Mr. Goenaga: This is one of the ... another quality that is needed besides common sense to be City Manager
and to work for the City. Besides common sense, which sometimes is very lacking here, is honesty,
everybody knows about it, integrity, accountability and transparency. I have asked for this type of fund and
I've been promised over and over again that I will be sent to my home and it doesn't have to be via express
mail. The report on this account, on this particular account, it has never been given to me. Remember,
another condition, a City Manager and the future Chief of Police, transparency in government. Thank you.
Vice Chairman Plummer: Everybody need a buffoon. Any further discussion? It's an emergency
ordinance. Two readings. Mr. Clerk.
An Ordinance Entitled -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO.
10021, ADOPTED JULY 18, 1985, AS AMENDED, WHICH
ESTABLISHED INITIAL RESOURCES AND INITIAL
APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST
FUND, RECEIVED AND DEPOSITED PURSUANT TO
ORDINANCE NO. 9257, ADOPTED APRIL 9, 1981, THEREBY
PROVIDING FOR AN INCREASE IN THE AMOUNT OF
$3,000,000.00, AS A RESULT OF ADDITIONAL MONIES
DEPOSITED IN SAID FUND RECEIVED FROM SUCCESSFUL
FORFEITURE ACTIONS; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE.
Was introduced by Commissioner Teele and seconded by Commissioner Regalado, for adoption as an
emergency measure, and dispensing with the requirement of reading same on two separate days, was
agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
45 September 8, 1998
Whereupon the Commission on motion of Commissioner Teele and seconded by Commissioner
Regalado, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11695.
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 9?
Commissioner Regalado: I have a question here on Item 9.
Vice Chairman Plummer: OK.
Commissioner Regalado: Is this to sell liquor without food? That's the bottom line on this emergency
ordinance?
Vice Chairman Plummer: Planning and Zoning. I think the request came from Ms.Dougherty.
Ms. Lucia Dougherty: I think I can answer that.
Vice Chairman Plummer: For the record, if you'll give your name and mailing address, please.
Ms. Dougherty: Lucia Dougherty, with offices at 1221 Brickell Avenue. Commissioner Regalado, this is a
license that would permit alcoholic... the sell of alcoholic beverages without food. It is unlike the restaurant
license, which requires 50 percent food. By way of introduction, I represent Jay Love, who's the owner of
Hooligan's, who wants to buy the piece of property at Florida and Virginia Street, now called theTaj. He
wants to buy that, put two and a half million dollars ($2,500,000) in to renovate it and put an upscale eating
establishment on the ground floor, with outside dining, a raw bar on the top floor and a big band music sort
of club on the basement level. He cannot do that and sell 50 percent food. He owns two other
establishments, you may know, in Miami Lakes and also in Dadeland. They sell about 40 percent food.
And to go into a license with that kind of restaurant license, he cannot jeopardize his other licenses or this
one and he's just not going to start an establishment that doesn't comply totally with this kind of regulation.
What this ordinance does is very interesting, Commissioner. It limits these kinds of licenses to five, totally
within the district, outside of Mayfair and Coco Walk, which already have the ability to have five licenses
within their districts. It limits it to five, without regard to distance requirements between them. Right now
46 September 8, 1998
he cannot come and operate his establishment in that place because of two other Four C.O.P. licenses in the
immediate vicinity. One is Murphy's Law and the other one is 609. So, there are presently four in the Grove
right now, 609, Murphy's Law, Sloppy Joe's and Taurus. This would be the last and the last one that would
be permitted and that's our request. We, frankly, did not want this to be an emergency. We had asked for it
to be passed on first reading and, in fact, it was passed on first reading, you may recall, at your last agenda.
But, subsequent to that, we realized that we were within eight hundred feet of a school. The present
ordinance requires a thousand feet. We didn't want it to be an emergency but our drop dead date is the 23rd,
which is just the day after your old Commission meeting was supposed to be. You were supposed to meet
on the 22nd. We are now ... you are now meeting on the 28th. Our drop dead date, and that's the reason for
the emergency, is on the 23rd. So, we would urge your support for this ordinance.
Vice Chairman Plummer: OK. You wish to be heard?
Mr. Frank Balzabre: Yes.
Vice Chairman Plummer: Name, mailing address.
Mr. Balzebre: Frank Balzabre, 3925 Park Drive, President of the Coconut Grove Civic Club. First, we
argue, what is the emergency of the situation? It's a zoning matter, number one. How is it vital to the needs
of the community? If you want to argue the case today, we take the position that the blanket removal of the
distances will open the doors to all other incoming bars trying to do the same; therefore, increasing the
number of establishments with that license. If you change the ordinance from four to five, you're going set a
precedent and someone else will come in, amend the ordinance, and go from six to seven. The only existing
protection right now is the distance between licenses. If you remove the distance, you remove the
protection. This is only going to open the doors to have unlimited number of establishments that serve
liquor without the food back up. Here we go. Key West, bring over South Beach. Licenses could be
bought and transferred from any other establishment, for that matter, and brought to the Grove, placed in a
five hundred square foot hole in the wall and start serving liquor without being accountable for fifty percent
food. So, we think it's the wrong message to send to the people in this community and we argue against the
ordinance.
Vice Chairman Plummer: Thank you, sir. Bruno, you wish to be heard? For the record, your name and
mailing address.
Mr. Bruno Carnesella: Thank you. My name is Bruno Camesella, 3830 Way Irvington Avenue, Coconut
Grove. I speak as a resident of the Grove and I bring to the attention of the Commission to the little note that
say, this item is being presented as an emergency measure to promote the peace, health, safety and property
of the City of Miami. I think the ... I wish that this Commission take in consideration what's happened in
Tampa and Libor (phonetic) City. The City passed an ordinance removing minimum distance. If you go to
Libor City, you will see the only establish in there are bar functioning exactly today and night. All the rest
of the time everything is closed down. So, I urge this Commission —this is an item that can have a direct
impact in property owner. We have people that come down to the Grove; they invest large sum of money;
we have the Mayfair Hotel; we have the Ritz Carlton, and few and other place will come in line and if we
send ... and this Commission send the right message, I think this will be very detrimental for the same thing in
the item for the health, peace and property of the City of Miami. Thank you.
Vice Chairman Plummer: Thank you, sir. For the record, I'll surrender... Oh, I'm sorry. Bruce, go ahead.
Your name and mailing address, please.
Mr. Bruce Wilson: Bruce Wilson, 4330 Lennox drive, Coconut Grove, Florida. I'm also a co-owner of the
Taurus and one of the four organizations that are presently have a Four C.O.P. within the district. I heard
about this Sunday morning and have read the ordinance and I may be dim in micro -economics but I don't
understand how this is going to change the competitive disadvantage that the petitioners have outlined, that
we are operating under at this time. Learned counsel or co -counsel, Mr. Tenninello, has told me that this
will lift the covenant...waive the covenant that we have to that would allow the Taurus and the other four to
operate a nightclub. I think they're missing the point. If you look at this community, a nightclub is not what
47 September 8, 1998
is needed here in Coconut Grove. I see no correlation between Four C.O.P. and the other license as to
pricing anywhere in this town. There's no correlation between more competitive prices. If the Taurus
wished to go ahead ... if this were lifted and run a nightclub, I think that the community would stand up and
say, hold on a moment. We don't want you open until five. We don't want you just running a place that
doesn't serve food. The problem in Coconut Grove, when I first heard that there was going to be
economically advantageous, I thought that the City Commission was going to reduce fees and taxes would
go down and we would have some opportunity to be more competitive with other areas. As we all know,
that's not happening. Our fees are going up. Our taxes are increasing. Whether it's another establishment in
here or not, with the same regulations and whether this allows, as Mr. Terminello suggest to me that the
covenant goes away and we can run a real nightclub, I don't think is the issue. You need to look at how this
community is run and what is going to attract more people to Coconut Grove and make them happier to
come here and things like extra parking, better police protection, and the quality of food and offerings are
going to make a difference. It's not this...
Vice Chairman Plummer: Thank you, sir.
Mr. Wilson: Appreciate it.
Vice Chairman Plummer: Ma'am, do you wish to speak?
Ms. Jill Velasquez: Yeah.
Vice Chairman Plummer: Your name and mailing address, please.
Ms. Velasquez: Jill...
Vice Chairman Plummer: Pull the microphone down.
Ms. Velasquez: Jill Velazquez, Camp Biscayne, 3500 Monroe Drive. Nobody has really addressed the issue
of how it's going to affect the residents and I'm speaking on behalf of my community. If anything, we'd like
to see it deferred so that the residents can get out and tell you how we're feeling. We've got a large impact
from what's been happening to the Grove already and we feel that no more bars are necessary. We deal with
a lot every Thursday, Friday, Saturday and Sunday night and I can't imagine anything more. That's it.
Vice Chairman Plummer: Thank you, ma'am. Name and address.
Ms. Joyce Nelson: Joyce Nelson, 2535 Inagua Avenue. I'd like to speak just on behalf of the issue of this
being an emergency, without the surrounding areas being told about it. I just really don't understand how
drinking can become an emergency. There are many bars to drink in here until five a.m. in Coconut Grove.
Vice Chairman Plummer: Be a Commissioner. You'11 understand it.
Ms. Nelson: I don't have a lack of a place to go, OK? So, I really don't understand why we can't make this
something that everyone knows about and everyone participates in and everyone has a chance to have their
business represented. I don't have a restaurant. I don't have a bar. I wish I did but I don't and, you know, it
just doesn't seem like this is an emergency issue and neighbors need to know that this is going to happen.
This place abuts a residential neighborhood. We already have problems in our residential neighborhood as it
is. If you drive through the next morning after a Friday or Saturday, there are beer bottles everywhere.
Everywhere. And residents have to pick them up. I don't see the city people coming along on Sunday and
picking up all the trash. So, we have too many as it is. But ... OK, we have them and, you know, things
should be good for those businesses that are here, which I don't think is that great. I was out Saturday night,
for the first time in a long time, walking the streets downtown and you know who's out? Kids. It's kids.
Kids don't buy in bars or upscale restaurants or big bands. I mean, there were restaurants that didn't have
people in them to fill the seats as it is now. And we need another one?
Vice Chairman Plummer: Thank you, ma'am. Anyone else wish —oh, yes, of course.
48 September 8, 1998
Mr. Goenaga: Why not?
Vice Chairman Plummer: Here he comes.
Ms. Dougherty: Mr. Chairman, may I just respond to some of these issues?
Vice Chairman Plummer: Well, let...
Mr. Goenaga: Well, this works two ways because the more drunk people we get...
Vice Chairman Plummer: Please don't take his picture on TV. We'll never —he'll never stop.
Mr. Goenaga: The more drunk people we get on the streets, the better business the police will do. Because
then they ... we will get more from pick up cars and thousands ... we have, God, I think a half a million dollars
($500,000) in that business. Well, why don't we ... I'm suggesting that an investigative report be made by the
Miami Herald to see how many alcoholics we have here in South Dade because everything has to
be ... instead of this investigative report and they are doing about the underground business, which the main
business is drug business.
Vice Chairman Plummer: A little bit of luck, the Herald's moving to Broward.
Ms. Dougherty: Mr. Chairman, members of the Board, this ordinance actually limits the amount of these
kinds of licenses. There can only be five in the rest of the district. And why did we come to the number
five? Coco Walk is permitted to have five within its boundaries, without have distance requirements.
Mayfair is allowed to have five within its boundaries without having to have distance requirements and we
thought that we would look at the rest of Coconut Grove and limit it to five and we think there's a rational
basis for that number five. Why this particular location? Why should you let this fifth one come in? This
building is a derelict building right now. It's the old Taj building. It's a derelict, white elephant in the
gateway of Coconut Grove and we are proposing a very upscale restaurant. It's a steak and lobster
restaurant with dining on the first floor, as well as a raw bar on the second floor. And we think that this is a
benefit to Coconut Grove, instead of that white elephant that you've got there, that is basically a big party on
Friday and Saturday nights. That's all it is and that's all it will continue to be until somebody like my client
comes in with two and a half million dollars ($2,500,000) willing to invest in this derelict piece of property.
Vice Chairman Plummer: OK.
Ms. Dougherty: Lou Terminello would like to discuss the issue about the proliferation.
Vice Chairman Plummer: Mr. Terminello. For the record, your name and mailing address.
Mr. Louis Terminello: Just briefly. Louis J. Terminello. I'm an attorney here in the City of Miami, 2700
Southwest 37th Avenue, Miami. I just want to address ... I heard my name mentioned. The issue that the first
speaker brought up about the proliferation of the bars as a result of this ordinance is just not going to happen.
Right now you have four quota liquor licenses in the district that we're referring to. All of this ... the only
thing this will permit is one additional quota liquor license to be placed in the district, notwithstanding the
distance requirements from the other two liquor uses that now prohibit the placement of this fifth and final
alcoholic beverage license in the district. This is an area which I know a little bit about and I can tell you
that this ordinance, notwithstanding the doom's day report that we just heard, will not permit anything more
than one additional quota liquor license in that district. Thank you.
Vice Chairman Plummer: All right. I'll close the public hearing. Discussion among the Commission.
Commissioner Regalado: I am...
Vice Chairman Plummer: Mr. Regalado.
49 September 8, 1998
Commissioner Regalado: I favor all new businesses in the City of Miami, in Coconut Grove, downtown.
But, you know, I was thinking, as I hear the different speakers, that every Friday night we have code
enforcement inspectors and City of Miami police checking on the small bars in West Little Havana and
fining five hundred dollars ($500) the owners and arresting people because they're drinking a beer without
food. And, you know —and now we are here approving a license for liquor only in Coconut Grove. It's a
good investment but, frankly, I don't think that we're being fair. That, if the city code applies to those poor
bars in West Little Havana and Allapattah, well, I would have the same pattern for Coconut Grove. So, I,
for one, I will not support that.
Vice Chairman Plummer: Other discussion? Mr. Sanchez.
Commissioner Sanchez: Is food going to be served there, Lucia?
Ms. Dougherty: Yes. But he can't comply with fifty percent. It's only forty percent food typically that
Hooligan's restaurant serves. And, again, we do have a track record. By the way, Commissioner Regalado,
those bars in West Little Havana don't actually have this kind of license and there are no distance
requirements between them.
Commissioner Regalado: I know, I know. But, you know, we keep having this difference between the rich
and the poor and that is very sad.
Commissioner Sanchez: Would a person be able to walk in there and just have a beer or have a ... hard
liquor?
Ms. Dougherty: Correct. But they can do so in the cafe right next door, Tula's, which has a different kind of
license and they can do so in The News Cafe as well.
Commissioner Teele: Mr. Chairman?
Vice Chairman Plummer: Yes. Mr. Teele.
Commissioner Teele: Here again...
Ms. Dougherty: In other words ... excuse me. I'm sorry, Commissioner Teele. In other words, he was just
reminding me, the other kind of licensees, like The News Cafe or Tulas, that's an SRX license. There's no
requirement to serve food every time you have a beer on those kind of licenses. Sorry. Excuse me for
interrupting you.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Manager, where is the Manager's recommendation on this and where is the
professional staff review of this? Who is the staff on this item?
Mr. Donald Warshaw (City Manager): There is no recommendation by Manager. This item was not
presented by the City Manager's office.
Commissioner Teele: It doesn't...
Mr. Vilarello: Commissioner, this originally came up as a pocket item and this is a modification to that
pocket item.
Commissioner Teele: But even on pocket items ... I mean, we've been out on vacation now for what, thirty
days?
Vice Chairman Plummer: Or more.
50 September 8, 1998
Commissioner Teele: I mean, even on pocket items, the staff has got to analyze it. I mean, I appreciate a
great deference for Commissioners, particularly the Commissioners who's representing his or her district.
But ... I mean, I need to ask some dumb questions because I really don't know. Just tell me ... lefs ...what is a
Four C.O.P, Mr. Manager? I mean, everybody's assuming that everybody knows. I'm willing to confess,
what's a Four C.O.P.? I don't know.
Vice Chairman Plummer: That's four policemen, C.O.P.
Commissioner Teele: No, I'm serious, J.L. You know, it's a lot of people obviously don't know what a Four
C.O.P. is. But I'm telling you this, the reason this City got in trouble with people in neighborhoods is the
staff is not enough involved. Now, we've got ... we're hearing from these people. I want to go along with
whatever Commissioner Plummer wants to do. He represents the district but, again, we all have to make our
independent judgment of this. But I need to understand one, what's the management recommendation?
What's the management's review of this? Two, what is a Four C.O.P.? I'm very concerned about what
Commissioner Regalado has raised. Because it seems to me that we spend one third ... one fourth ... we spend
three fourths of the time dealing with issues related to one Commissioner's district and the rest of this
Commission meeting goes for the other four districts. Now...
Vice Chairman Plummer: I didn't draw mine.
Commissioner Teele: That's debatable but...
Vice Chairman Plummer: I'd like to made it better than what it is.
Mr. Juan Gonzalez: Commissioners ... Juan Gonzalez, Building and Zoning. To answer your question, a
Four C.O.P. is what they call a regular quota license. That means full liquor service. No necessity of food
service. It's what normally bars have. Four C.O.P. SRX is what the State requires, 51 percent food service,
49 percent liquor. That's the difference. And they need ... there is a provision for an SRX. While there is no
distance limitation between SRXs, there are city requirements of limitation of distance in the regular Four
C.O.P.
Commissioner Teele: What is it this applicant is asking for that's unique or different from what anybody
else would be able to get?
Mr. Gonzalez: They're basically probably getting a ... I don't want to call it a waiver but different distance
requirements than a regular Four C.O.P. With this ordinance, they will be able to put a quota license, where
normally they would not be able to due to distance requirements.
Commissioner Teele: Have you all discussed this matter with the Village Council and the people there?
Mr. Gonzalez: Well, my department is not the one sponsoring this so I have no idea.
Commissioner Teele: Not your job? Who, on the city staff, who is the professional recommendation that
we can look to to at least... whether you're recommending it or not, just to give us the facts, if you will?
Mr. Warshaw: Commissioner, no one is sponsoring it from staff. It came up as a pocket item.
Commissioner Teele: I'm not asking for a sponsor. I understand. Who has analyzed this, Mr. Manager?
Who's analyzed this? You're asking us to vote on something. I respect Commissioner Plummer. I respect
all the lawyers and the people but, you know, we've got some pretty high priced staff around here. I need to
look to somebody to give me a little bit of direction and advice on matters that I'm not that knowledgeable
on.
Vice Chairman Plummer: Mr. Teele.
51 September 8, 1998
Commissioner Teele: Is there going to be a longer time period? Does this establishment close at the same
time as everybody else? I mean what...
Mr. Gonzalez: It will have a three a.m. closing time, unless they go for a special exception for five a.m.
closing, correct.
Vice Chairman Plummer: Mr. Teele, I'm going to try to make it easy for you, sir.
Commissioner Teele: Well, I want to make it easy but at least I just want to be knowledgeable about the
issue, even if it's deferred or it's voted on, one or the other. I would hope ... and Commissioner Plummer, you
know, this is something we really need to deal with, Mr. Attorney. This whole issue of pocket items, which
is a long part of the tradition in history of this city, I support the notion of pocket items but when an item is
placed on this agenda, it should bear the name of who's putting it on the agenda and Commissioner Gort or
Regalado...
Vice Chairman Plummer: No, no, no, I did.
Commissioner Teele: I mean...
Vice Chairman Plummer: I did.
Commissioner Teele: I understand that. I understand that. But things get rewritten around here and I'm
looking more and more. You take something like the park in Little Haiti. I've been asking for a park in
little ... a study on a park in Little Haiti The item will come back, you know, and it will bear no relationship to
what is being discussed. You take the item there in Liberty City, in Germ City, you know ... and it becomes
very important, I think, for the public to know who's doing what around here. I don't understand the issue
fully but I would like to understand the issue even if it's going to be deferred. Does this have a later closing
than normal?
Vice Chairman Plummer: No.
Commissioner Teele: It does not?
Vice Chairman Plummer: No. Unless he apply like Sloppy Joe's did for the additional two hours, that
would have to be approved by this Commission. We could vote yes or no but it's not automatic. Mr. Teele,
if I may?
Commissioner Teele: Before you do.
Vice Chairman Plummer: I'm sorry.
Commissioner Teele: Could I get a list of the businesses, by district, that have liquor licenses, that close
later... because it just seems to me, as I go through the district that I'm representing, I sense that there's two
levels of representation around here.
Commissioner Regalado: That's what I'm saying.
Commissioner Teele: Which is what Commissioner Regalado makes is, those who have the Gucci lawyers
and the people who can talk slick and those that have been around here a long time and ... and that's great
compliment, ma'am. Donna Karra and Book is out in the audience now so, you know, the Guccis are heavy.
But we really do need to have a better understanding of how poor people or how working people, who don't
have the ability to hire these lawyers, can get access to have the same privileges. And 1 agree with what
you're saying.
Commissioner Regalado: Let me ask just a question to ... maybe to Juan Gonzalez. Juan, say tomorrow you
have a visit from bar owner in Little Havana, West Flagler and 20 something and he or she wants a liquor
52 September 8, 1998
license, just liquor license, can he or she get it?
Mr. Gonzalez: Depends on what type of liquor license but normally a Four C.O.P., it would have to meet
distance requirements. Two C.O.P. normally you'd get ... if you're a restaurant, you're using incidental beer
and wine with your food. However Four C.O.P., yes, there is distance requirements you have to meet.
Commissioner Regalado: So, that's what I'm saying.
Vice Chairman Plummer: Let me ... ifs my district. I'm going to make the recommendation. My
recommendation is, I, from first blush, have no problem with the application. So, let me go on record as to
that. Second of all, I am going to recommend that a hearing be held on Friday, the I Ith, in these chambers
at four o'clock in the afternoon, for the purposes of public input. That's what bothers me, that there is a
feeling that we have not had proper input. And that, on Friday, at four o'clock, the administration will have a
workshop in relation to this item and it is now scheduled back for September the 14th for a final decision by
this City Commission. Mr. Manager, let me say to you, sir, Commissioner Teele, in my opinion, is
absolutely correct that never, ever should an item go on this agenda that you or your staff is not prepared to
make a recommendation or to speak to the issue, regardless of who puts it on the agenda. You should be on
notice that any item, any item on an agenda, you should be prepared to speak to. My recommendation
again, at this time, is that we defer this item for a workshop on Friday at four o'clock, here in these
chambers; that the administration will report back a synopsis of what transpired at that workshop, and this
item is now scheduled for the 14th of September and I so move. Second?
Mr. Vilarello: Commissioner, would that be at 4:30, that special meeting?
Vice Chairman Plummer: Make it at four o'clock. OK. There's a second. All in favor say "aye."
Opposition?.
The Commission (Collectively): Aye.
Vice Chairman Plummer: Show it unanimous.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.98-852
A MOTION DEFERRING CONSIDERATION OF AGENDA ITEM 9
(PROPOSED EMERGENCY ORDINANCE TO AMEND CHAPTER 4 OF
THE CODE OF THE CITY, ENTITLED "ALCOHOLIC BEVERAGES, IN
GENERAL," BY ADDING NEW SECTION "COCONUT GROVE CENTRAL
COMMERCIAL DISTRICT (SD-2) DISTANCE REQUIREMENTS," TO
LIMIT THE NUMBER OF 4 C.O.P. QUOTA ALCOHOLIC BEVERAGE
LICENSE LICENSEES WITHIN SAID DISTRICT TO FIVE WITHOUT
REGARD TO DISTANCE REQUIREMENTS) TO THE SPECIAL
COMMISSION MEETING SCHEDULED FOR SEPTEMBER 14, 1998;
FURTHER DIRECTING THE CITY MANAGER TO HOLD A WORKSHOP
ON SEPTEMBER 11, 1998 AT 4 P.M. IN ORDER TO INFORM AREA
RESIDENTS AND OBTAIN THEIR INPUT ON THIS ISSUE.
53 September 8, 1998
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS:
None.
ABSENT: None.
13. 'APPROVE FIRSTREADING ORDINANCE AMENDING SECTION' 53-181(4) OF CODE
ENTITLED i4SCHEDULE OF FEES" -- REVISE PARKING RATES AT THE JAMES L. KNIGHT
INTERNATIONAL CENTER PUBLIC PARKING FACILITY.
Vice Chairman Plummer: Do we have the Empowerment Zone papers yet? I would definitely like to take
that prior to breaking for lunch, if it's possible. All right. Item 10. I'll be ... stop me the minute it comes in.
Item 10. Is it deferred 11, 12, 13, 14 and 15 are all deferred items.
Mayor Carollo: Who asked for these items to be deferred, Commissioner?
Vice Chairman Plummer: These are the ones that ... the problem with advertising.
Mayor Carollo: Oh, OK.
Vice Chairman Plummer: We now jump to Item 16. I'm sorry?
Mr. Alejandro Vilarello (City Attorney): No, they're talking about something else, Commissioner.
Vice Chairman Plummer: We're now on Item 16, am I correct?
Mr. Donald Warshaw (City Manager): Yes, sir.
Vice Chairman Plummer: All right. It's a schedule... rescheduling of fees for the Knight Center. Does
anybody wish to be heard on the matter? Does everybody understanding the new fee structure? Is there a
motion?
Commissioner Gort: Move it.
Commissioner Teele: So moved.
Vice Chairman Plummer: Moved by Gort. Seconded by Teele. Read the ordinance. Hello, Item 16. I'm
calling collect.
Mr. V ilarello: I apologize. I don't have item 16.
Vice Chairman Plummer: You don't have it.
[AT THIS POINT, COMMISSIONER PLUMMER READ THE ORDINANCE INTO THE PUBLIC
RECORD]
Vice Chairman Plummer: Call the roll.
54 September 8, 1998
An Ordinance Entitled -
AN ORDINANCE AMENDING SECTION 53-181(14) OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"SCHEDULE OF FEES" THEREBY REVISING PARKING RATES
AT THE JAMES L. KNIGHT INTERNATIONAL CENTER PUBLIC
PARKING FACILITY; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Gort, seconded by Commissioner Teele, and was passed in first
reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman J.L. Plummer read the ordinance into the public record and announced that copies were
available to the members of the City Commission and to the public.
14. (A) REMOVE RESTRICTION WHEREIN NO FUTURE SECTION 108LOAN GUARANTEES''
WOULD BE AUTHORIZED WITHOUT COMMISSION APPROVAL IN CONNECTION WITH
MATCHING FUNDS FOR EMPOWERMENT ZONE — DIRECT MANAGER To PRESENT'
FUTURE SECTION 108 LOAN PLEDGES AS PART OF MANAGER'S RECOMMENDATIONS FOR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SECTION 108 FUNDS - COMMENTS
REGARDING NEED FOR WYNWOOD TRADE ZONE TO CLEAN AREA SURROUNDING'
BUILDING BEFORE IT OBTAINS CERTIFICATE OF OCCUPANCY.''
(B) AUTHORIZE / DIRECT CITY MANAGER TO INCLUDE $25000,000. IN RECOMMENDED
BUDGET TO BE MADE AVAILABLE OVER TEN YEARS FROM FUTURE SECTION 108 LOAN
GUARANTEES AS MATCHING FUNDS FOR EMPOWERMENT ZONE CLARIFY PREVIOUS''
DESIGNATIONS MADE AND APPROVED BY COMMISSION FOR PARROT JUNGLE AND
WYNWOOD TRADE ZONE PROJECT (PHASE II) -- DIRECT CITY MANAGER TO WORK'
CLOSELY WITH GOVERNANCE BOARD IN ORDER TO USE TAX 'FREE DEVELOPMENT'
BONDS TO PROMOTE DEVELOPMENT IN TARGET AREAS (SEE LABEL 10).
Vice Chairman Plummer: Item ... you're ready on that? Well, you want to give Commissioner Teele ... he's
not here yet. Well, I don't even have a quorum.
Commissioner Gort: He's here.
Vice Chairman Plummer: Commissioner Teele?
Commissioner Teele: Yes, sir.
Vice Chairman Plummer: They're now passing out this on the Empowerment Zone, sir. Where is Dena?
Ms. Dena Bianchino (Assistant City Attorney): Behind you.
Vice Chairman Plummer: Oh, OK. Commissioners Regalado and Sanchez, I would ask you, as soon as
possible, to come back into the room.
55 September 8, 1998
Mr. Manuel Gonzalez-Goenaga: They're speaking to the television.
Vice Chairman Plummer: They're watching television. That's fine. They don't want to miss their morning
soap opera. Mr. McCrary, Secretary of State, what are you here for, sir?
Mr. McCrary: Commissioner, I'm here on Item Number 30.
Vice Chairman Plummer: Sir, I can tell you that will not be heard until after if two o'clock.
Mr. McCrary: OK. Thank you.
Vice Chairman Plummer: Just so you don't have to sit around and wait. I can tell anybody else that's in this
audience that this is the last item of the morning. My colleagues, what time would you like to come back
this afternoon? Hello? Three o'clock? Mr. Teele?
Commissioner Teele: At the Chair's convenience.
Commissioner Gort: Three o'clock is fine.
Vice Chairman Plummer: Three o'clock, all right. We will reconvene this meeting at three o'clock. Please,
everybody keep in mind that we, by State Statute, 5:05 will be the public hearing in reference to the budget.
We're now going to speak only to the issue on the Empowerment Zone, which is Item 29. 1 also caution
everybody, while I'm waiting for my colleagues, to look at the board. There is many, many items that have
been withdrawn, for whatever reasons here today; that your item might be there and will be put over until the
28th. Where are my ... you know, I'm going to wait about two more minutes for my other colleagues and then
I'm going to pull this to a halt.
Commissioner Teele: Well, let just ask you.
Vice Chairman Plummer: Mr. Teele, proceed.
Commissioner Teele: Have you read the memo by Merrett Steirheim, Mr. Manager? 1 mean, the issue is
why are we going with a 108? I thought this was a match.
Ms. Gwendolyn Warren (Director/Community Development Department): One oh eight's are an allowable
match under the Empowerment Zone application.
Commissioner Teele: That's not the question.
Vice Chairman Plummer: Would you ask those people out in the hall to keep their mouths shut? Thank
you. Mr. Gort.
Commissioner Gort: You finished, Teele?
Commissioner Teele: Well, look, I think the Manager needs to bring this matter up. Everybody's in favor of
the Empowerment Zone. What I'm not in favor of is the City being treated like a weak sister in this process.
Vice Chairman Plummer: As a step child.
Commissioner Teele: And, you know, everybody runs around and rushes to judgment. All these big ticket
items have been pocket items, we've rushed. The Parrot Jungle thing, which we've gotten kicked back in our
face, was a pocket item and I'm not opposed to it. The only thing that I'm saying here is this, is the 108 that
we're talking about today, where is the analysis on it? What is our 108 capacity? How much is committed?
Is the Parrot Jungle a part of this commitment, which is the way I read the ordinance? I read the ordinance
to say that the Parrot Jungle is a part of that and maybe we don't need to say it. We just all need to agree.
Does this authorizes the Manager to move forward with the 108s once we approve it? I am not prepared to
56 September 8, 1998
concede that type of legislative authority to the Manager. The resolution that's before us authorizes, once we
approve it here today ... I mean ... and we wouldn't give that authority to any of...each of us on a 108. So ... and
then, again, the big issue here is that the County has made no such commitment. The County does not have
a commitment for a fifty or twenty-five million dollar 108. The County's got a naked commitment of a
hundred million dollars ($100,000,000), which is what I would be trying to do if I were the County right
now. I would try to hold up, as late as I can, and see what develops. But let's just put this on the table.
What I'm concerned about is, the 108 from the City going to support some development activity in
Homestead or in Florida City or in some other place. There's no ... look, look. Willie, look at ... read what's
before us. There's going to be a Board of Directors; a 5010 Board, which is a good idea, but I would want
the City 108 monies to be limited. Mr. Manager, Mr. Attorney, I want you to hear what I'm saying because,
you know, you just took exception with the Mayor. I don't think the City is being protected in this
resolution. I don't think the City has been protected either in the business terms or the legal terms of the
resolution that's before us. It's an unlawful delegation. It gives the Manager too much authority. There's no
limitation on the 108; that it must be used within the City of Miami. Is there, Mr. Attorney? If I misread
this, correct me.
Ms. Warren: I can answer the question.
Commissioner Teele: I need the attorney now. The Attorney and the Mayor had the discussion this
morning and I just want to make sure that we all are saying the same thing, Mr. Attorney.
Ms. Warren: There's a piece of information he would not have,
which is your first...
Commissioner Teele: If it's not on the document, ma'am, with all due respect.
Ms. Warren: Which is your first answer, which is that this is previously 108s that have been authorized by
the Commission. It's your twenty million dollar ($20,000,000) commitment to Parrot Jungle, which was
already fully authorized in the second phase of the Free Trade Zone. That is your twenty five million dollar
($25,000,000) commitment.
Commissioner Teele: Mr. Attorney, the resolution, in my judgment...
Mr. Alejandro Vilarello (City Attorney): Does not contain that.
Commissioner Teele: ...should require any specific approvals and, you know, what happens is, you got a
108 out there now and somebody may change it, like we're talking about today, substituting. I would prefer
that you protect the Commission and require that it come back to the Commission.
Vice Chairman Plummer: All right. Again...
Commissioner Gort: Let me ask a question.
Vice Chairman Plummer: I understand, Mr. Gort.
Commissioner Gort: I'm not an attorney but can we change this resolution, where we can state in this
resolution that our commitments were already done and specify our commitment to be the Parrot Jungle and
Wynwood Trade Zone?
Commissioner Teele: I think what they want is a ... I can understand what the consultants want. They want a
resolution that makes ... that gives the impression that ... because this has ... the 108 hasn't closed; that this is sort
of new money, and I'm very sympathetic to their position. What I'm only concerned about is making sure
our position is protected and I think, as long as we're talking about what has been read into the record and as
long as our resolution... because, see, this is an important document. Two years from now, if the Parrot
Jungle reduces the 108 by two million dollars ($2,000,000) and there's two million dollars ($2,000,000) of
108 capacity out there. Under this resolution it will not come back to this Commission. Under this
57 September 8, 1998
resolution, it may go outside of the City of Miami. And what I'm only asking is that this resolution do two
things. One, that it require any amendments or any future amendments to come back to the Commission and
two, it require that all of the city 108 capacity must be directed within the Enterprise Zone areas within the
City of Miami. Is that a fair request?
Ms. Warren: That's more than a fair request.
Commissioner Gort: Can we amend it? Let's amend it to ... are you making a motion?
Commissioner Teele: I would move the item for approval subject to, that the reference to the City Manager
be deleted... changed to the City Commission and further providing that all 108 funds available under this
resolution must be expended within the City of Miami.
Commissioner Gort: Second.
Vice Chairman Plummer: OK. Let me ask a question.
Commissioner Teele: And I would ask, before it be voted on, that the consultants at least opine whether that
is harmful or negative ... it doesn't have a harmful affect on what it is we're trying to do.
Vice Chairman Plummer: Let me ask a question, if I may. What percentage of the Empowerment Zone is
in the City of Miami?
Ms. Warren: Approximately 74 percent.
Vice Chairman Plummer: About 74 percent. Do we have any commitment from the County of their ten
million dollars ($10,000,000) a year of what's going to be allocated in that 74 percent?
Ms. Warren: If you ... the fact sheet that was presented to you... if, in fact, we are designated an
Empowerment Zone community, the current governance board configuration that's being proposed is 31
members. Of that 31 member board, which would be responsible for financial allocations, the regulations
and the distribution of resources, approximately ... immediately 16 of those 31 positions are City of Miami
appointees.
Commissioner Teele: Miss Warren, what was Commissioner Plummer's question? Just repeat his question
and then start all over again, please. What was his question to you?
Ms. Warren: I'm sorry, sir.
Vice Chairman Plummer: My question was, what percentage of the Empowerment Zone is in the city?
Ms. Warren: Approximately, 74 percent.
Vice Chairman Plummer: And what of the 10 percent or ten million a year that the County is getting and the
two and a half million we will be putting in, I assume, on an annual basis, what percentage of that is going to
be coming back and restricted to the City of Miami?
Ms. Warren: There is no restrictions. The regulations basically say that...
Vice Chairman Plummer: Well, excuse me. Wait a minute now. There is a restriction, assuming we pass
this amendment by Commissioner Teele, that the twentyfive million has to be in the City of Miami. That
would, in fact, give you two and a half million a year.
Ms. Warren: Correct.
Vice Chairman Plummer: Now, what I'm asking is, it would seem ... I would much prefer that it all go into
58 September 8, 1998
one pot and I get 74 percent of it, OK? That, in other words, if I am affected by 74 percent, then I should
financially be affected by 74 percent of an enhancement. Now, that's my concern.
Ms. Warren: Again, the regulatory outline basically says that the resources have to be used in an area
proportionate to where the residents live but probably the key caveat is the Governance Board will be the
interpreting body as to where the resources will be let and we're the majority vote.
Vice Chairman Plummer: And who now appoints those members to the board?
Ms. Warren: The 16 community members, 10 of which are in the City of Miami, are communityelectees
and as part of the city process, they would be nominated and come to this committee for ratification. Then
all four Mayors inside the zone have a vote and then the balance of the 11 seats, I think, are decided on by
the four Mayors in a majority vote.
Vice Chairman Plummer: So, in other words, the Commissioners or the Mayor do not make up 16 percent
or 16 members for the city?
Ms. Warren: No. We get 10 of the 16 community delegates. We get one of the elected official delegates.
Vice Chairman Plummer: That's 11.
Ms. Warren: And we are then vote on the other 11 business union religious affiliates and that's the
Governance Board.
Vice Chairman Plummer: You see, I guess where I'm troubled, you know, sometimes I do listen to rumors.
I don't like to but sometimes they do come true. And the 25 percent of this Empowerment Zone that's in the
County, as I am being informed, is the airport?
Ms. Warren: No, Liberty City.
Vice Chairman Plummer: It doesn't go to the airport?
Ms. Warren: It goes to the airport but the population basically is north of...
Vice Chairman Plummer: OK. All right. You know...
Ms. Warren: ...Liberty City.
Vice Chairman Plummer: The thing ... the way the thing is laid out ... and, you know, the thing that hurts me, I
guess, is the fact, tell me where Homestead's Empowerment Zone is, OK? It's in Homestead and Opa
Locka. It's not even contiguous. OK. Look, all I'm saying is, I think that, in all fairness, that if this City is
74 percent of the Empowerment Zone, that, in some way, shape or form, that we should get something very
close to 74 percent of the money. That's all I'm saying. It makes sense to me. Now, tell me where I'm
wrong. I mean, take it from there. The high powered ... high priced people from the city can explain where
I'm wrong or I'm right. Take it from there. Are you finished?
Ms. Warren: Yes, sir, unless you want some other questions...
Vice Chairman Plummer: Now, we'll take the County people and who's going to speak first and second.
Mr. Jeffrey Watson: Let me...
Vice Chairman Plummer: For the record, your name and mailing address.
Mr. Watson: For the record, my name is Jeffrey Watson. My mailing address is 601 Pennsylvania Avenue,
Washington, DC.
59 September 8, 1998
Vice Chairman Plummer: My condolences.
Mr. Watson: Some would say the same, Commissioner. Let me just say that I think it's important to do two
things. Maybe we need to spend a couple minutes with Commissioners, Manager and give you really, not
the rumors but the accuracy and facts of what's going on with respect to the program, what exist, and then
you can go forward with the resolution as you see fit. I think there are a lot of things floating around that's
not accurate. I know you want to break or take your time. I'll do it. We have ... we're trying ... we're in the
troughs of trying to finish the application, and so this was important but I'll spend the time if Commissioners
would like that to happen during the course of the day or at any given point and time you'd like to. We want
to try to...
Commissioner Teele: I think it's important that anything is inaccurate, the report be corrected. And if there
is something that's been said that's inaccurate, you have an obligation to correct the record. We want to hear
anything that's inaccurate.
Mr. Watson: Well, I mean, in terms of rumors it being the airport, 25 percent, I think those sort of things
leads us to believe there's a misunderstanding of something and everyone may have their own individual
questions. I could speak to the rumor but that's not what I'm here to speak to and so, in order to make any
clarification that's necessary, I think that's important for you all...
Vice Chairman Plummer: Let me ask one other question. If the City says no, what happens?
Mr. Watson: Then we...
Vice Chairman Plummer: The City said we're not going to pass this item; it's a dead item, what happens?
Mr. Watson: Then we need to try to do the best that we can to make the application indicative of the
Empowerment Zone, period.
Vice Chairman Plummer: What I'm saying is, if the City of Miami says, thank you, Charlie, we're not
interested and we're not going to participate...
Commissioner Teele: But, J.L., we're not interesting in saying that. We want the Empowerment Zone.
Commissioner Gort: Cancel the whole Empowerment Zone.
Commissioner Teele: We all want the Empowerment Zone.
Commissioner Sanchez: Excuse me, excuse me.
Vice Chairman Plummer: I'm just asking the question.
Mr. Watson: The application... the success of approving the application probably would be nil.
Vice Chairman Plummer: OK. So, we do have some clout?
Commissioner Sanchez: Mr. Plummer?
Vice Chairman Plummer: OK. Yes. Commissioner Sanchez.
Commissioner Sanchez: You know, I attending the meetings with the Empowerment Zone. It benefits my
district...
Vice Chairman Plummer: Absolutely.
60 September 8, 1998
Commissioner Sanchez: ... your district and your district, OK?
Vice Chairman Plummer: Absolutely.
Commissioner Sanchez: Now, there's a thin line between need and greed and I understand that. We cannot
afford to lose this. We cannot afford to lose the Empowerment Zone in the City of Miami. We'll be making
a tremendous mistake for us to lose this. Look at the paper, what it says, all the good things it brings to this
City: Five thousand jobs; a hundred and twenty million tax exempt bonds financing other companies that
are lured into that. They're going to hire people that live in that zone. Close to three hundred million dollars
($300,000,000) target land and commitment had been made by 13 major Dade banks for small businesses.
We cannot afford to jeopardize this deal because we're not getting what we want for it. We're going to have
to wheel and deal on it.
Commissioner Teele: If I may?
Vice Chairman Plummer: Mr. Gort.
Commissioner Teele: I'll yield to Commissioner Gort.
Vice Chairman Plummer: I'm sorry. Mr. Gort.
Commissioner Gort: One question, Jeff. Why don't you go very fast through the process, how will the ten
million dollars ($10,000,000) allocated through the years, if it's granted, and who will make the decisions
and what programs and so on?
Mr. Watson: I think it's important for the Commission to understand that the Empowerment Zone itself is
delineated such that, yes, the airport and the seaport included. There's two extensions of the
Empowerment... of the based zone itself. One is up in Liberty City and the other is down in Florida
City/Homestead. What's important to understand is that the State of Florida is actually the conduit for all
funds received and then to a governing structure or operation or entity, as Gwen was trying to explain to
you, that would in fact make those decisions about the governance of the funds. That's one. The other issue
is that there are 10 major projects in the zone that we've identified as projects that would go forward; that's in
place in various stages. Three of which, of the top of my head, if not four, in the City of Miami proper,
Miami Heat Arena, Parrot Jungle, Overtown, Folk Life Village, and I think Wynwood Free Trade Zone,
which all speak to those particular industries that we collectively, as a region, are targeting for investment
because they will create the most amount of jobs for, in fact, the Empowerment Zone residents. That's the
basis of the monies that both the County and the City would be allocated.
Vice Chairman Plummer: That decision...
Mr. Watson: There is no ownership of those particular funds because the process dictates that you have to
do an RFP. Even if someone has brought forth a project to sponsor, you have to do an RFP in order to, in
fact, access those funds.
Vice Chairman Plummer: Has that already been decided in ... before a committee of 31 has been
empowered?
Mr. Watson: Has what part of it been decided?
Vice Chairman Plummer: That the Parrot Jungle, the Wynwood Trade Zone and those...
Mr. Watson: Those are projects that are ongoing, that we highlight... that we highlighted in the application.
Vice Chairman Plummer: Look, let me make my position clear. You know —and, Commissioner Sanchez, I
want you to hear this. Fantastic idea, Empowerment Zone. It's good for the city but that's what I want to
make sure of. You remember, Commissioner Teele ... well, maybe before you. Commissioner Teele asked
61 September 8, 1998
and pleaded that those boundaries be changed and they told us, go fly a kite, all right? We asked and
pleaded, through Commissioner Teele, to give us some control over the dollars. They told us to go fly a kite.
Now, all I'm interested in, and I think only reasonable... because let me tell you, gentlemen, I've dealt with
the County in the past.
Commissioner Teele: Here, here.
Vice Chairman Plummer: All right. And I got to tell you something, it's like the bond issue that they had for
three hundred million dollars ($300,000,000), of which we paid thirtyone percent and guess what we got
out of it, when I asked what did we get out of it? They redid Vizcaya, a county facility; they redid
Rickenbacker Causeway, a county facility, all right. You just had your parks bond issue. What was it, two
hundred million dollars ($200,000,000)? You know what the City got back after paying thirtyone percent?
Twenty-seven percent of the dollars came back to the city, all right? My concern is simple. Based on the
history of the dealings of the City and the County that we get back into the City a proportionate share of the
dollars that are out there. That's all I'm saying. It's a great thing if we get the dollars. And if we're not going
to have any kind of control, then we might not get the dollars. They might be going elsewhere and people
are going to say to this Commission, why didn't you protect us? That's what I'm trying to do.
Commissioner Teele: Commissioner Plummer, on the point, I don't think anyone can disagree that we're up
here trying to get the best deal we can for the City of Miami and the residents. The City of Miami is one of
the poorest cities in the nation. The unemployment in the City of Miami is substantially higher than it is in
the County. And what we have got an obligation to do, as we move forward with this, is to ensure that the
consultants, the Governing Board, the public knows that we're here taking care of the City business. Now,
I'm going to put the rumor on the table, since everybody's talking about rumors, the concern that people have
in the Overtown is that everybody flies the Overtown flag. That's happening now in Little Haiti, Chief
Warshaw. Everybody's flying a Little Haiti flag. Little Haiti comes all the way up to 36th Street now, OK,
when it comes time to get money. But when the money comes down, the money goes south and everywhere
else. Now, is the Homestead airport... Homestead have the deal in the Empowerment Zone?
Mr. Watson: No.
Commissioner Teele: It is not a part of the Empowerment Zone at all?
Mr. Watson: Not at all.
Commissioner Teele: It's not a part of the ancillary... what are those...
Mr. Watson: The answer is no, not at all.
Commissioner Teele: It's strictly the Homestead what? What in Homestead is in the zone?
Mr. Watson: Census tracts of Florida City and Homestead include residents mainly. A hundred percent of
their zone ... a hundred percent of that piece of the zone.
Commissioner Teele: A hundred percent of the Homestead/Florida City zone has residents in it?
Mr. Watson: Florida City zone is residents, right.
Commissioner Teele: And half of the deal is not in the zone?
Mr. Watson: Not at all.
Vice Chairman Plummer: And the model cities?
Mr. Watson: The model cities portion is residents, a hundred percent. It's from 58th Street south to 71st
Street north, 12th Avenue west, 7th Avenue east.
62 September 8, 1998
Commissioner Teele: Well, the main concern that I'm going to have and as we go forward, that
Commission... to pick up on what Commissioner Plummer had said, is that 70 percent or so of the tax
increment financing ... and let's be real clear about what this deal is going to wind up being. This is a tax
increment... I'm sorry. This is a tax-free financing deal. What is the amount of tax-free bonds in this, about a
hundred million dollars ($100,000,000) outside of the State cap?
Mr. Watson: Hundred and thirty.
Commissioner Teele: A hundred and thirty million dollars ($130,000,000), OK. And what I'm going to be
hoping is that the city administration and the city staff are engaged in putting forth projects that can qualify
for the tax exempt bonds because, see, this is over and above the State cap, you know, that we've got and the
business deal of this, of where the poor people, Commissioner Regalado, are going to get left out because
there's nobody with Gucci shoes in Overtown making an application for the job base kinds of activities. The
problem in Model City is the same thing. And the problem in East Little Havana is going to be the same
thing. This is going to be ... and let's be very clear about this, Mr. Manager. This is going to be developer
driven. It's going to be job creation, OK, and it's going to be job creation from a point of view of who puts
in the applications for the funds, not just the dollars because we keep talking about 10 percent of the dollars.
I'm concerned about 10 percent of the tax exempt bond financing and the other tax incentives and that's
going to require that the city staff really be engaged in trying to move this forward. The only people who are
going to be moving this forward are going to be the developers, the underwriters, the bond counsels, the
people who we know have a legitimate interest and there is nothing wrong with that, but we need to ensure
that the funds are targeted based upon where there is a great need and a great need in the city can best be
determined by the City Commission, the Manager and the districts that represent them. Now, Ms. Warren, I
want to hear what you have to say because I think it's very important that the city staff understand what
we're saying.
Ms. Warren: I think there needs to be maybe a clarification to the record. The Empowerment Zone...
Vice Chairman Plummer: Go ahead.
Ms. Warren: ...is one thing and the three, non contiguous developable sites are something separate, so you
may want to ask the question as to where the three developable sites are.
Commissioner Teele: Well, wait a minute. I thought that was the question I asked. The three non
contiguous developable sites.
Commissioner Sanchez: Mr. Plummer?
Commissioner Teele: Hold it. Let me get an answer.
Vice Chairman Plummer: Hold it, hold it, hold it. Teele has the floor.
Commissioner Teele: The three non contiguous developable sites.
Mr. Watson: At this time there are two non contiguous sites that have been selected. We asked for an
exemption from HUD (Housing and Urban Development) to include in the northwest section...
Commissioner Teele: What are the two?
Mr. Watson: The two is Opa Locka airport and properties within the airport boundaries. The other one is
next door to the core zone in Florida City/Homestead that splits Florida City/Homestead. And there are four
sites that are being looked at for the third one. One is the FEC (Florida East Coast) track. The second one is
Omni Complex itself. The third is, I think, Poinciana Village or Poinciana Industrial Park and the fourth is
Northside Shopping Center.
63 September 8, 1998
Commissioner Teele: Is that ... one application going forward will contain those three ... is this one application
going forward?
Mr. Watson: One application, yes.
Commissioner Teele: So the non contiguous developable...
Mr. Watson: Will be included in the application.
Vice Chairman Plummer: Yeah, but who's already made those decisions?
Mr. Watson: This is ... Commissioner, this has been a process that's been going on for about three months.
Vice Chairman Plummer: But we have not been consulted on that.
Mr. Watson: Then staff...
Commissioner Sanchez: Mr. Plummer?
Vice Chairman Plummer: OK. Mr. Sanchez.
Commissioner Sanchez: I have attended those meetings. Some of the meetings I've attended and there was
a lot of arguments on the linkage and all that stuff and everybody was invited to attend those meetings and
that's why I'm telling you, I ... at least in the group I ... can I just finish, Mr. Plummer?
Vice Chairman Plummer: I'm not saying anything.
Commissioner Sanchez: I am familiar with the process and one of the things is ... and, you know, I don't
question your judgment and neither do I question Teele's. Good valid points. We want to get the most we
can for the City. But I'll tell you one thing, if we don't find a mutual agreement with the County, you know
what's going to happen? They're going to send us to go fly a kite and we're going to continue to have the
poorest city and the highest unemployment. So, we need to find an agreement...
Commissioner Gort: Mr. Chairman?
Commissioner Regalado: Excuse me, Commissioner?
Vice Chairman Plummer: All right, hold on. Mr. Sanchez, are you finished? Mr. Regalado.
Commissioner Regalado: Is the airport or near the airport the projected transportation site part of the zone?
Mr. Watson: Which transportation site, Commissioner?
Commissioner Regalado: Miami International Airport, the projected international -trans....
Mr. Watson: The inner model, east row (phonetic)?
Commissioner Regalado: Right.
Mr. Watson: Yes, it's included in that, yes.
Commissioner Regalado: It is included?
Mr. Watson: Yes.
Commissioner Regalado: So, the City does not have to do anything with transportation. It is the County?
64 September 8, 1998
Mr. Watson: We11...I mean, I'll answer your question this way. The project itself, which is called the
MIC ... everybody refers as the MIC... is highlighted in the application but it's not expanded because
apparently the funding mechanisms that would create that particular project -- is something Commissioner
Teele will probably know about more than I -- is not available, so it's a ... it has a longer term horizon for
completion so, it's included because the census track that it's in, that has the airport, also includes that space.
Commissioner Regalado: But is it possible that we could use some of those funds for that site on the
Empowerment Zone?
Mr. Watson: The Empowerment Zone funding would deal with infrastructure but not infrastructure of that
nature.
Vice Chairman Plummer: Mr. Gort.
Commissioner Teele: Ask the question this way. Can the tax exempt bonds be used at that site, the hundred
million dollars ($100,000,000)? Because this is really about the hundred and thirty million dollars
($130,000,000) tax exempt bond financing. Can the hundred ... see, the concern is this.
Mr. Watson: It's going to only be ... I'm sorry, Commissioner. I'll answer the question right quick. The
hundred and thirty million cap on the bonding and the hundred million financing only is used for private
activity, so it's private activity bonds.
Commissioner Gort: Only for the private sector. That's my understanding.
Commissioner Teele: Yes.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: Let Teele finish.
Vice Chairman Plummer: Oh, I'm sorry. I thought he was finished.
Commissioner Teele: Commissioner Gort, this is the concern, and I want to be very clear. The concern that
I have is that you're using the poverty statistics of the City of Miami and we're a partner with you on this,
and our statistics are what's going to make this zone application work, OK? The numbers haven't changed,
right Marilyn? The statistics of poverty in Overtown, which are among the highest in the nation, some of the
statistics in East Little Havana and others and unemployment, density of poverty, that the criteria basically
rates those things very high.
Ms. Marilyn Melkonian: Yes, but there are hundreds...
Vice Chairman Plummer: You have to come to the microphone, please. Come to the microphone.
Mr. Watson: I guess, Commissioner...
Commissioner Teele: What my concern is, to put it in very arithmetic terms... Commissioner Plummer
talked about 78 percent ... 74 percent. My concern is that I would hate ... I would be very embarrassed and
very upset two years from now, three years from now, if the tax exempt bonds, the hundred and thirty
million dollars ($130,000,000), are channeled to one or two big ticket projects that don't benefit
directly —that don't help remove the conditions of poverty. And I know, in a general sense, in a general
sense, you know, building the Joe Robbie Stadium, helped poverty. Building the Miami ... in a general sense.
I'm not ... but what I'm saying is, at some point, we need to see some of the activities and this is
where ... again, I'm asking the Manager to work closely with you and to support what you're doing ... that, in a
very specific sense, I would hope that we're not just talking about the hundred million dollars
($100,000,000)... the hundred and thirty million dollars ($130,000,000) of tax exempt activity to generate
private sector activities that creates jobs in the inner city, in the inner city, within the areas of the
65 September 8, 1998
Empowerment Zone in the City of Miami, as opposed to the kinds of things that could very easily happen. I
understand the language. You could use all of this money at the airport and the seaport on private deals. I
mean, 90 percent of what's being done at the seaport is private. Carnival builds all of their own facilities.
America is building its own facilities. So ... I mean ... you know, what I'm saying ... and I understand, in a very
general sense, that's going to help poverty. I would ... I want to be on record as saying that I am very hopeful
that, as this process moves forward, in supporting this resolution, that we can ensure that some of these
dollars and some of these tax increment bonds fund activities that are physically and directly in the
Empowerment Zone area within the inner cities that we're talking about because the zone itself includes a lot
of very, very upscale kinds of areas, such as the seaport and the airport and that ... and the MIC. And that's
what all of us are sort of getting at and I just want to be on the record on it.
Vice Chairman Plummer: Mr. Gort.
Ms. Marilyn Melkonian: My name is Marilyn Melkonian. I've been working with the County and the City
for the last several months. I was very happy to hear the way Commissioner Teele ended his statement but
let's go back to the first question, which was the poverty that exists in Miami is a factor driving the
application and that's absolutely true. But we'll also be competing with over 200 communities around the
nation who suffer in a similar way. And, so, one of the criteria... probably the most important criteria for
being competitive is the unity that is presented by this community, both County and City and the other
municipalities that are involved. On the strategies that have been presented, which were outlined on the
sheet that went around. Mayor Carollo, as you know, has been a tri-chair of this process, which began back
in April and May and June of this year; Commissioner Sanchez with Commissioner Gort have been actively
involved. There's been a long effort to create a strategy which will accomplish exactly what Commissioner
Teele described and that is ameliorating the conditions of poverty in this city; bringing investment to this
zone; brining jobs to the community, and tying those jobs to the people that live here through education and
training. That's at the heart of this plan. Without the full support and commitment of City of Miami to this
plan, in partnership with the County and with the municipalities of Florida City and Homestead, we do not
have a chance.
Vice Chairman Plummer: Question.
Ms. Melkonian: And that's a fact.
Vice Chairman Plummer: How much money is being pledged by Homestead/Florida City?
Ms. Melkonian: They are pledging three million dollars ($3,000,000).
Vice Chairman Plummer: And Opa Locka?
Ms. Melkonian: Opa Locka is not a municipality that's involved in the zone itself. They are, as Gwen
described, a developable site. That is an aspect of the empowerment zone planning this year, which is new,
to include areas that could be developed for jobs and businesses. And, so, the airport site has been included
as a developable site.
Vice Chairman Plummer: And that's a County facility?
Ms. Melkonian: Yes, it is. But the development is through the Opa Locka CDC (Community Development
Corporation), as well as through private organizations that are developing international trade activities
hopefully there, connected to aviation.
Vice Chairman Plummer: My final question is simple. Does this governing board of thirtyone people have
the full authority to say exactly what happens?
Ms. Melkonian: Yes, it does. And let me explain why. This is not a traditional Federal program. This is
not funds that come down from the Federal government and they get split up according to say a municipal
sharing. This is a program that is unique. It comes from the Federal government through the State of
66 September 8, 1998
Florida and the funds are then allocated to a governing body that is part of the structure that's created
through the Empowerment Zone planning process, which, as I say, has evolved over the last three to four
months. The final structure that was consented to, which would be part of this plan, is a 501 C3 corporation
that would have three tears; there would be neighborhood assemblies in all of the communities represented
in the zone. Those neighborhood assemblies would elect representatives to a governing board. The
governing board of thirty-one members will include 16 elected neighborhood representatives. As Gwen
pointed out, most of those representatives will come from the City of Miami simply because the City of
Miami represents 75 percent of the zone.
Vice Chairman Plummer: Stop. That is not what she said to me. She said the majority of those will
definitely come from the City. Now, let's get that clarification.
Ms. Melkonian: Let me ... let me run through the numbers.
Vice Chairman Plummer: Hey, when you're the majority vote, you're the majority vote. Now, if that's not
the case, tell me so.
Ms. Warren: Ten of 16.
Ms. Melkonian: Let me go through the numbers.
Vice Chairman Plummer: Ten of sixteen are definitely from the city?
Ms. Melkonian: There are 16 neighborhood representatives that are elected by the neighborhoods. Two of
those representatives will come from the Liberty City/Model City community. Ten of those representatives
will come from the core zone. Most of which is in the City of Miami. The communities are Melrose,
Allapattah, Overtown, Little Havana, Wynwood. And four of the representatives will come from Florida
City and Homestead. They will be elected. They will make up a majority of the 31 member board. The
other 15 members, four of which will be Mayors ... be the Mayor of the County, Mayor of the City, Mayor of
the cities of Homestead and Florida City. Those four Mayors will then select 11 other representatives from
the general community, which means from the field of education, business, the faith community, the non
profit community, anyone that they can agree upon to implement and be representative of this community.
Implement the plan and...
Vice Chairman Plummer: So, in other words, what you're saying to me is, the Mayor of Homestead, of
Florida City, who is only putting up three million, will have the same ability to name people to that board as
the City of Miami Mayor, who's putting in twenty-five million?
Ms. Melkonian: What I'm saying is that the votes will be the votes, but that this program is a unique
program. It requires this kind of a collaborative effort and it's a coming together of the entire community,
across municipal lines, to meet the objective that Commissioner Teele...
Vice Chairman Plummer: Any further discussion by the Commission?
Commissioner Teele: Mr. Chairman?
Vice Chairman Plummer: Commissioner Teele.
Commissioner Teele: Marilyn, thank you. And, as always, you're very ... your presentation, I think, is very
helpful. Then maybe the limitation of the 108 funds, since we all sort of know where the 108 funds are
going ... I mean ... are we all saying the same thing? It's not stated in the paper but are we all agreeing that it's
Parrot Jungle, it's...
Ms. Melkonian: Truly, the funds that have been committed to the Empowerment Zone will ultimately be
allocated by the governing board. I don't want to be unclear about that. The governing board...
Commissioner Teele: No, I'm talking about ... the issue before us today is the 108 and we just had some
67 September 8, 1998
concerns from the Oversight Board about our last 108 process. Am I correct to say that the 108 that we're
talking about is the 108 at Wynwood Free Trade Zone, the 108?
Ms. Melkonian: Well, this, your staff will have to address. As far as we're concerned, in terms of the
Empowerment Zone planning process, we viewed the 108 commitment from the City as a commitment of
investment dollars, just as the County's funds of a hundred million.
Commissioner Teele: OK. Then it would be helpful if, then, Commissioner Gort, if you would agree that
we remove the provision that restricts those 108s to the City of Miami because that would be superfluous.
Ms. Melkonian: I agree. I think that it would have...
Commissioner Teele: Is that...
Ms. Melkonian: Yes. I think that would show...
Commissioner Gort: I don't have any problem.
Vice Chairman Plummer: Can I ask one other...
Commissioner Teele: Without objection, Commissioner Plummer?
Vice Chairman Plummer: I have one other question.
Commissioner Teele: I mean ... but, without objection, can we remove that provision as it being superfluous?
Vice Chairman Plummer: As far as I'm concerned, we can.
Commissioner Gort: Move it.
Vice Chairman Plummer: All right. It's a motion made. Clarify the motion, please. Mr. Teele, clarify the
motion.
Commissioner Gort: The motion's to remove the...
Commissioner Teele: The motion would be to remove the restriction and would further indicate that the
Manager would present this as a part of its budget, subject to the Commission approval.
Commissioner Gort: Second.
Vice Chairman Plummer: OK. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposed? Show it unanimous.
Vice Chairman Plummer: I have one question. In effect, how much money is the County, itself, actually
putting up?
Ms. Melkonian: A hundred million dollars ($100,000,000) at the rate...
68 September 8, 1998
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-853
A MOTION TO REMOVE THE RESTRICTION WHEREIN NO FUTURE
SECTION 108 LOAN GUARANTEES WOULD EVER BE AUTHORIZED
WITHOUT COMMISSION APPROVAL IN CONNECTION WITH
MATCHING FUNDS FOR THE MIAMI-DADE COUNTY EMPOWERMENT
ZONE; FURTHER DIRECTING THE CITY MANAGER TO PRESENT
FUTURE SECTION 108 LOAN PLEDGES AS A PART OF THE CITY
MANAGER'S RECOMMENDATION FOR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS, SUBJECT TO COMMISSION APPROVAL.
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
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: That's not from Federal money?
Ms. Melkonian: That's not from Federal money.
Vice Chairman Plummer: OK.
Ms. Melkonian: And it would be at the rate of ten million dollars ($10,000,000) a year and, again ... I mean,
just to show the collaborative nature of this, it's not earmarked to non city...
Vice Chairman Plummer: Is that coming from a 108?
Ms. Melkonian: No.
Vice Chairman Plummer: From their general fund?
Ms. Melkonian: It's coming from County funds. Now, where those County funds exactly will come from,
the County has to make that decision.
Commissioner Teele: That was the original question.
Ms. Melkonian: Right. Going back to...
Commissioner Teele: And you have the resolution before you.
Ms. Melkonian: Right. But for the purpose of the application, it's done
Vice Chairman Plummer: OK. Any further discussion by Commissioners?
Commissioner Gort: Move it.
Vice Chairman Plummer: The floor is open. Commissioner Gort makes the motion to approve the item
69 September 8, 1998
before us.
Commissioner Sanchez: Second.
Vice Chairman Plummer: Seconded by Commissioner Sanchez. Any further discussion? This is an
ordinance or a resolution, Mr ... hello, Mr. City Attorney. Item 29.
Mr. Vilarello: It's a resolution.
Vice Chairman Plummer: Resolution. All in favor, say "aye."
The Commission Collectively: Aye.
Vice Chairman Plummer: All opposed?
Vice Chairman Plummer: Show it unanimous.
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-854
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO INCLUDE IN THE CITY MANAGER'S RECOMMENDED BUDGET,
SUBJECT TO CITY COMMISSION APPROVAL, AN AMOUNT TOTALING
$25,000,000.00, TO BE MADE AVAILABLE OVER A PERIOD OF TEN
YEARS, FROM FUTURE SECTION 108 LOAN GUARANTEES, AS
MATCHING FUNDS FOR THE MIAMI-DADE COUNTY EMPOWERMENT
ZONE.
(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
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: Mr. City Manager, in reference to Wynwood Trade Zone, before they get a CO
(Certificate of Occupancy) of occupancy, you need to get them to clean up from 2nd Avenue to the front
entrance of that place. It is atrocious and I would hate to see that they have an opening of that place, as
filthy dirty as it is right now. It is absolutely a junk yard. This Commission will be reassemble at 3:00 this
afternoon.
Commissioner Regalado: Excuse me?
Vice Chairman Plummer: God willing. Mr. Regalado.
70 September 8, 1998
Commissioner Regalado:
Three or three thirty, you said?
Vice Chairman Plummer:
I don't ... what do you guys want? You want three or three thirty?
Commissioner Teele: Three.
Vice Chairman Plummer:
Three.
Commissioner Regalado:
I'll be here at 3:15 but...
Vice Chairman Plummer:
Three o'clock it is.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:48 P.M. AND RECONVENED AT 3:08 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE
PRESENT, EXCEPT COMMISSIONERS REGALADO AND GORT.
Vice Chairman Plummer: I got a memo from somebody telling me 19th Street and 1st Avenue was going to
be torn down in 10 days. Is that 10 days expired?
Mr. Warshaw: That 10 day expires the day after tomorrow.
Vice Chairman Plummer: And when is the rest of the block going to be done?
Mr. Warshaw: The rest of the block...
Vice Chairman Plummer: The rest of the block. They did a great job on the corner. It's three minutes until
starting time. it's now two minutes to starting time. Well, we're suppose to start at three o'clock and if I get
three members here, I'm going to do some pocket items until we can start. It's now one minute to starting
time. It's now three o'clock. If I get one more Commissioner, we're going. Chance that we can get a third
member of this Commission in here to do the job he was elected to do? Does that put it like it is? Is
anybody here on Item 18? Anybody here on Item 18? The Manager is going to ask that that be deferred.
Mr. Warshaw: Until the 28th.
Vice Chairman Plummer: Until the 28th.
Mr. Warshaw: It's a language issue.
Vice Chairman Plummer: OK. Commissioner Gort will be 10 minutes. Commissioner Regalado indicated
that he will be 3:15. I don't know where Teele is.
15. APPROVE ISSUANCE OF 28,000,000. CITY OF MIAMI FLORIDAHEALTH FACILITIES'
AUTHORITY, HEALTH FACILITIES REVENUE REFUNDING BONDS (MERCY HOSPITAL
PROJECT) SERIES 1998.
Vice Chairman Plummer: I would like to do Mercy Hospital, first and foremost, to get them back out of
here and let them do what they need to do to help treat the mentally ill, since...
Commissioner Sanchez: Vice Chair, I am ready to proceed, as soon as we get another Commissioner.
Vice Chairman Plummer: Commissioner Teele is on his way. The minute he walks in, we'll do Mercy
Hospital out of...even though it's a pocket item, it needs to get done immediately. Mercy Hospital, has the
City Attorney got a copy? Mr. Teele, if I may, with your permission, Sanchez has a thing for Mercy
Hospital. It's just a routine thing to be approved for the Health Trust, so that they can get out of here and go
71 September 8, 1998
back to work.
Commissioner Teele: Famous last words. Just a routine thing.
Vice Chairman Plummer: Can we please have copies immediately or you're going to be put out until next
year.
Commissioner Teele: What's the item on the agenda?
Vice Chairman Plummer: It's not. It's a pocket item, sir.
Commissioner Sanchez: It's a pocket item.
Commissioner Teele: Hopefully, it doesn't involve money.
Vice Chairman Plummer: Is this one of each or ... All right, this is ... Mr. City Attorney, you've seen it?
Mr. Vilarello: Yes, sir.
Vice Chairman Plummer: Are you in accord?
Mr. Vilarello: Yes. This is a Health Facilities Revenue Refunding bonds.
Vice Chairman Plummer: Mr. Manager, have you seen it?
Mr. Warshaw: Yes, sir.
Vice Chairman Plummer: Are you in accord?
Mr. Warshaw: Yes, with the full understanding that it does not, in any way, impact any City of Miami
dollars at all.
Vice Chairman Plummer: All right. It's a resolution.
[AT THIS POINT, COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE PUBLIC
RECORD]
Vice Chairman Plummer: Moved by Mr. Sanchez. Seconded by Commissioner Teele.
Commissioner Teele: Question.
Vice Chairman Plummer: Under questions. Commissioner Teele.
Commissioner Teele: This is a pocket item, right?
Vice Chairman Plummer: Yes, sir.
Commissioner Teele: And the Manager has been briefed on it?
Vice Chairman Plummer: The Manager and the City Attorney have both signed off, sir.
Commissioner Teele: I understand. Pete ... whafs Pete's last name? You've worked on this matter?
Mr. Pete Chircut(Treasurer): Yes, sir.
Commissioner Teele: And you're satisfied with it?
72 September 8, 1998
Mr. Chircut: Yes, sir.
Commissioner Teele: Is there any ... does the City have any requirements for African Americans or
other ... Mr. Alonso is very well represented... participation as a minority business activity on this?
Mr. Chircut: I can have the...
Commissioner Teele: No, does the City have any requirements on this?
Mr. Chircut: No, no. No, sir. I'm sorry.
Commissioner Teele: All right. Well, I want to commend Commissioner Sanchez for bringing the matter
forward. A hospital of Mercy does so much for our community and I'm fully in support of it. But I would
hope that we'll continue to involve the diversity of our community and I appreciate the fact that you are very
much involved in the community. It's an eighty million dollar ($80,000,000) facility, I understand, planned
at Mercy right now. It just shows again, Commissioner Sanchez, how important the medical industry is.
Vice Chairman Plummer: This is 25 right now.
Commissioner Teele: Yeah, this is an eight million dollar ($8,000,000) deal, right?
Mr. Manuel Alonso-Poch: Yes, sir. Commissioner Teele, you do have minorities represented here in the
way of myself and Jolinda Herring from Brand, Miller and Olive, who are ... who is acting together with
myself as bond counsel on the transaction.
Commissioner Teele: I must say ... may I just ask you to introduce yourself, please, ma'am?
Ms. Jolinda Herring: Hi. I'm Jolinda Herring and I'm an attorney with the firm of Bryant, Mauler and Olive
in Tallahassee, Florida.
Commissioner Teele: Well, Mr. McCrary's sitting out in the audience and he knows that I'm talking about
minority business considerations but my compliments to the firm in Tallahassee. They've come a long way.
I won't editorialize. But, Jessie, you know what I'm talking about? Wasn't FerrisBryant from Ocala too?
Mr. McCrary: Yes, sir.
Commissioner Teele: OK.
Vice Chairman Plummer: For the record, let it reflect that I am a member of the Medical Development
Board. It cost me money to be a member. I, in no way, financially gain so I have no conflict of interest but
since Mr. Boom Boom will maybe want to call me on the carpet, I'll put it up front that...
Mr. Goenaga: Well, unfortunately, I do not know...
Vice Chairman Plummer: Excuse me, sir. Would you like to be heard?
Mr. Goenaga: Yes.
Vice Chairman Plummer: This is not a public hearing.
Mr. Goenaga: Well, let me tell you...
Vice Chairman Plummer: You have thirty seconds.
Mr. Goenaga: A pocket item...
73 September 8, 1998
Vice Chairman Plummer: You have thirty seconds, sir.
Mr. Goenaga: You know, unfortunately, I hear millions of dollars in pocket items and this must end. Why
does millions of dollars from Mercy Hospital, a private institution, have to come to the approval of the City
of Miami? Do we have any liability directly or indirectly in any...
Vice Chairman Plummer: If you would have been listening, you would have heard. The answer is no.
Mr. Goenaga: No. And why do they have to come up here for?
Vice Chairman Plummer: Because of State Statutes that makes it mandatory that we have the authority to
appoint the members of the Hospital Health Department Board and that's it. Anything else you got?
Mr. Goenaga: Well, in case I get sick...
Commissioner Teele: Let's put that on the record. This is a very important issue because it really relates to
the Empowerment Zone and a lot of the things that are going wrong around here. This authority must come
and make sure that we approved to ensure that what you're going to do with the money is not inconsistent
with the citywide plan and the plans for the district and the community. And I know that the Health
Authority, which is...
Mr. Manuel Alonso-Poch: We have had a meeting that was noticed to the public. It was a public hearing...
Commissioner Teele: A Teffer (phonetic) hearing?
Mr. Alonso-Poch: That's right. By the Health Facilities Board of the City of Miami.
Commissioner Teele: But the point that I want to make is, is that this is the way the process should work,
even though we have no liability, we have no obligation, and to answer the question, the fact of the matter is,
is that we ... the County or, in this case, the Health Facilities Authority, should not be funding something in
the city or in any city in which the governing board of the city is not in support of. And I'm grateful that
you're here.
Vice Chairman Plummer: But we also, Commissioner, we appoint the members to that board.
Commissioner Teele: That is correct.
Vice Chairman Plummer: And that is a good matter of control. Okay.
Commissioner Sanchez: It's important... it's important to know what they're going to build there. Are you
build there an out -patient center?
Mr. Alonso-Poch: This is ... Commissioner Sanchez, this is a refinancing transaction where, basically, it's just
like you refinance your mortgage in your home when there's ... the low ... the interests are low. And they're
using some of the money to buy equipment, like a CT Scan equipment and the rest is to refinance their
existing obligations, which will reduce their payments and that will allow them to put that money back into
the community and to the services that they render.
Vice Chairman Plummer: Hey, this is going to be a no controversial item.
Mr. Alonso-Poch: Thank God for that.
Commissioner Teele: Call the question.
Vice Chairman Plummer: All in favor, say "aye."
74
September 8, 1998
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposition?
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-855
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA, WITH ATTACHMENT(S) APPROVING
ISSUANCE OF NOT TO EXCEED $28,000,000 CITY OF MIAMI,
FLORIDA HEALTH FACILITIES AUTHORITY, HEALTH
FACILITIES REVENUE REFUNDING BONDS (MERCY HOSPITAL
PROJECT), SERIES 1998, PURSUANT TO SECTION 147(F) OF THE
INTERNAL REVENUE CODE OF 1986; PROVIDING CERTAIN
OTHER MATTERS IN CONNECTION THEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Commissioner 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: Thank you. I want to remind you, if you do any building on that property at all,
my neighborhood's going to be after you.
Mr. Alonso-Poch: We'll get a permit, sir.
Vice Chairman Plummer: No, no, no, no. My neighborhood is going to be after you for traffic, so be aware.
OK. Gentlemen, the Manager has requested your permission to withdraw Item 18. I think the Manager can
withdraw without a motion, am I correct, Mr. City Attorney?
Mr. Vilarello: The Manager can withdraw the item.
Vice Chairman Plummer: All right. And he's indicating that the reason he wants it is for the purposes of
better wording. Do I need a motion or not for him to defer?
Mr. Vilarello: No.
Vice Chairman Plummer: Withdraw? All right. We're now on Item 17.
Commissioner Regalado: Excuse me. When is this coming back, Mr. Manager?
Vice Chairman Plummer: When he has it ready.
Mr. Warshaw: On the 28th.
75 September 8, 1998
Commissioner Regalado: The 28th. I think I've communicated with you about the problem that this has.
Mr. Warshaw: Commissioner, the reason we're deferring it to the 28th, there's some additional
enhancements. This was a poorly put together ordinance in which it's unfairly treating people who are
applying for these kinds of permits, so we'll bring it back with the additional language on the 28th.
[NOTE FOR THE RECORD: ITEM 18 WAS DEFERRED UNTIL SEPTEMBER 28, 1998.]
16. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 17 (PROPOSED FIRST READING
ORDINANCE AMENDING CHAPTER 2 / ARTICLEXI / DIVISION 6' OF CODE ENTITLED
"ADMINISTRATION / BOARDS,' COMMITTEES, COMMISSIONS / MIAMI SPORTS AND
EXHIBITION AUTHORITY."
Vice Chairman Plummer: Item 17, first reading. An ordinance relating to the Sport's Authority.
Commissioner Teele: Who placed this item on the agenda?
Mr. Alejandro Vilarello (City Attorney): The State Attorney's Office did. I placed this item on the agenda.
This attempts to deal with the difference between the language in what the City Commission felt...
Commissioner Teele: So moved.
Vice Chairman Plummer: All right. Moved by Commissioner Teele.
Commissioner Sanchez: Second.
Vice Chairman Plummer: Seconded by Sanchez. The only question I have at this particular point, it doesn't
designate who is the presiding officer, OK? Because, remember, when we asked if there was a Chairman
and a Vice Chairman, you're telling us, according to the Code, there is no such thing. I don't know what I sit
here for but that's what we were told. All right. Read the ordinance. Does anyone wish to speak on Item
17? Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD.]
Vice Chairman Plummer: Motion understood? Call the roll. Hold it. Commissioner Teele.
Commissioner Teele: So, in effect, we're changing the whole thing?
Vice Chairman Plummer: Yeah, in effect. Because it was always the senior member and...
Commissioner Regalado: It wasn't always the senior member. It was when we changed about in December.
Commissioner Teele: You see, it's one of those creatures, J.L., that has come about by an Executive Mayor
and etcetera, OK?
Vice Chairman Plummer: The day's got to come where we're going to have a delineation...
Commissioner Teele: I understand. I would prefer this ordinance include language that affords every
Commissioner the opportunity to serve and that no member shall serve a second term until everyone has
served or declined.
Vice Chairman Plummer: OK. I have no problem with that. I've already declined.
Commissioner Teele: I know you've already declined.
76 September 8, 1998
Vice Chairman Plummer: I've already declined in favor of Commissioner Sanchez, so that ... you know, it
shows that I have no problem with that. All right. So, then, are we making this deferred or can we make
that change in...
Mr. Vilarello: If we can defer this until the end of the meeting or later on, I'll change it right now.
Vice Chairman Plummer: No, defer it until the 28th.
Commissioner Regalado: Excuse me, Mr. Vice Chairman.
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Now that we're on this issue, I...
Commissioner Teele: Sanchez is saying, so I can only serve one year? Hey, Teele, what are you doing? He
already pledged to become the Commissioner for life.
Commissioner Sanchez: No, no, no. Hey, I'll take it for one year and I'll pass it on. You could take it next
year.
Commissioner Teele: I'll leave it alone. I'll leave it alone.
Commissioner Sanchez: Oh, no, you brought it out. You brought it. You made a motion. You go forward
with it.
Vice Chairman Plummer: Hey, would you two kiss and make up and let's get this meeting in order?
Commissioner Regalado: OK. One of the board members of MSEA (Miami Sports and Exhibition
Authority), Amancio Suarez, has decided to ... not to participate, so I am appointing Bill Bayer as the
replacement. Do I need like a motion or something?
Vice Chairman Plummer: No, you're out of order.
Commissioner Regalado: No, I'm not.
Vice Chairman Plummer: Yes, you are.
Commissioner Regalado: No, I'm not.
Vice Chairman Plummer: I'm invoking the rule.
Commissioner Regalado: No, no. What I'm saying, I'm asking whether I can appoint Bill Bayer right now?
Vice Chairman Plummer: Mr. Clerk, can he appoint today or not?
Mr. Foeman: I don't have the schedule for today. Give me an opportunity to at the board and come back
because those terms are...
Commissioner Regalado: No. But, you see, this is a person that has been absent for several meetings and he
has decided that he cannot, because of business reasons, participate anymore.
Vice Chairman Plummer: But you told me you were appointing Julio GonzalezRebull.
Commissioner Regalado: No, you were appointing JulioRebull.
Vice Chairman Plummer: Oh, OK.
77 September 8, 1998
Commissioner Regalado: I am appointing Bill Bayer.
Commissioner Teele: I wasn't party for any of this discussion.
Mr. Foeman: Commissioner?
Vice Chairman Plummer: Mr. Bayer, by the way, if you're not aware, went in yesterday for an operation.
OK. So, we're going to continue 17 over to the 28th.
[NOTE FOR THE RECORD: ITEM 17 WAS DEFERRED TO SEPTEMBER 28, 1998.]
17. ''APPROVE FIRST READING ORDINANCE AMENDING CHAPTER 54 OF CODE, ENTITLED
,,STREETS AND SIDEWALKS -- '. AMEND SECTION 54-190, ENTITLED "NONSTANDARD
STREET WIDTHS" — ADD WEST DRIVE, BETWEEN MATHESON AVENUE AND STEWART
AVENUE, IN COCONUT GROVE NEIGHBORHOOD.
Vice Chairman Plummer: And we're now on 19. First reading in reference to Streets and Sidewalks.
Anyone wishing to speak on Item 19? Read the ordinance. Hello?
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD]
Vice Chairman Plummer: Motion understood? Call the roll.
Mr. Foeman: I need a move and a seconder, Commissioner.
Vice Chairman Plummer: Who second it? Commissioner Sanchez seconded it. Moved by Commissioner
Regalado.
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED:
"STREETS AND SIDEWALKS," BY AMENDING SECTION 54-190,
ENTITLED: "NONSTANDARD STREET WIDTHS," BY ADDING
WEST DRIVE, BETWEEN MATHESON AVENUE AND STEWART
AVENUE, IN THE COCONUT GROVE NEIGHBORHOOD;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE, AND PROVIDING FOR NA EFFECTIVE DATE.
was introduced by Commissioner Regalado, seconded by Commissioner Sanchez, 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.
78 September 8, 1998
18. APPROVE FIRST 'READING ORDINANCE ABOLISHING THE TAX-EXEMPT PROPERTY
STEERING COMMITTEE — DIRECT CITY CLERK TO SEND THANK YOU LETTERS TO
COMMITTEE MEMBERS.
Vice Chairman Plummer: Item 20. I'll move that the abolishment of that tax exempt board. Seconded by
Sanchez. And, for the simple reason, the legislature just absolutely refused to address the area of appraisals
on property that were tax exempt. It is absolutely abolishment. It is crazy. Profit making companies in this
city are exempt from paying taxes because the legislature established a public purpose and they can get
under that exemption. We lose millions of dollars a year by the State Statute refusing... I've been, for two
years, to Tallahassee to try to get it changed. The Legislature are also political and they will not tackle the
issue and we lose a lot of money. One third of our taxable base is tax exempt. Too many people have a
house that they stick a cross on the front door and call it a church. Read the ordinance.
An Ordinance Entitled -
AN ORDINANCE ABOLISHING THE TAX-EXEMPT PROPERTY
STEERING COMMITTEE AND REVOKING ALL OF SID
COMMITTEE'S POWERS, DUTIES, PRIVILEGES AND
FUNCTIONS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
was introduced by Commissioner Plummer, seconded by Commissioner Sanchez, 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: Mr. Clerk, please send a letter of thank you to the people who served on that
board for two years. We had unbelievable amount of meetings trying to get it accomplished and the least we
can do, in the frustration that we all had, is to say thank you to those people, so I would ask that a letter be
sent.
19.APPROVE FIRST READING ORDINANCE AMENDING CHAPTER 54/ARTICLE IX OF CODE,
ENTITLED "STREETS AND SIDEWALKS/COCONUT ' GROVE SPECIAL EVENTS DISTRICT", --
PROVIDE THAT CITY COMMISSIONER APPOINTED EX OFFICIO NONVOTING MEMBER OF.
THE COCONUT GROVE STANDING FESTIVAL COMMITTEE MAY BE DESIGNATED BY CITY
COMMISSION AS CHAIRPERSON OF SAID COMMITTEE.
Vice Chairman Plummer: Item 22, the Coconut Grove Street and Sidewalks, Coconut Grove Specialty
Events. This is ... the City Commissioner appointed as ex officio member, may be designated by the
Commission/Chairperson of said Committee. What does this really do, Mr. Manager?
Commissioner Regalado: It doesn't do anything. Remember that when...
Vice Chairman Plummer: Well, why in the hell are we...
79 September 8, 1998
Commissioner Regalado: No, because ... this dates back to almost a year, J.L.
Vice Chairman Plummer: OK.
Commissioner Regalado: And let me tell you.
Vice Chairman Plummer: You want to continue to be an ex officio member?
Commissioner Regalado: 1 want to continue. I think that Ted Stahl...
Vice Chairman Plummer: But do you want to be an ex officio member?
Commissioner Regalado: Yeah. Ted Stahl should be the Chairman and I'll...
Vice Chairman Plummer: Read the ordinance.
Commissioner Regalado: I'll just attend the meeting.
Vice Chairman Plummer: Read the ordinance. That's on 22. Moved by Regalado and seconded by
Sanchez. Read ... call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 54/ARTICLE IX OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED:
"STREETS AND SIDEWALKS/COCONUT GROVE SPECIAL EVENTS
DISTRICT," TO PROVIDE THAT THE CITY COMMISSIONER
APPOINTED AS THE EX OFFICIO NONVOTING MEMBER OF THE
COCONUT GROVE STANDING FESTIVAL COMMITTEE MAY BE
DESIGNATED BY THE CITY COMMISSION AS THE CHAIRPERSON OF
SAID COMMITTEE; MORE PARTICULARLY BY AMENDING SECTION
54-342(c) OF SAID CODE; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
was introduced by Commissioner Regalado, seconded by Commissioner Sanchez, 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.
80 September 8, 1998
20. APPROVE FIRST READING ORDINANCE AMENDING CHAPTER 2, ARTICLE IV DIVISION
12, OF CODE ENTITLED "ADMINISTRATION, DEPARTMENTS, MANAGEMENT AND BUDGET'
DEPARTMENT", ENACT ANTI -DEFICIENCY ORDINANCE TO SET FORTH REGULATIONS TO
ENSURE THAT DEPARTMENTS AND INDIVIDUALS WITH AUTHORITY TO OBLIGATE OR
DISBURSE CITY FUNDS DO NOT EXPEND FUNDS DURING A FISCAL YEAR IN EXCESS OF
THOSE WHICH HAVE BEEN APPROVED IN IA DULY ADOPTED BUDGET'- DIRECT CITY
MANAGER NOT TO SCHEDULE ITEM FOR SECOND READING UNTIL AGREEMENT HAS
BEEN REACHED WITH UNIONS.
Vice Chairman Plummer: Item 22A.
Mr. Norman Charles: Yes, sir.
Vice Chairman Plummer: All right, hold on. Twenty-two A. Tell us what this does, Mr. Manager.
Mr. Alejandro Vilarello (City Attorney): This is an ordinance prepared at the request of Commissioner
Teele creating an anti -deficiency ordinance, which requires any department which is going to go over its
budget at any time during the year to seek and request Commission approval prior to making any
expenditures which would cause it to go over budget.
Vice Chairman Plummer: All right. let me ask a question. I read in there about a five hundred dollar ($500)
fine.
Mr. Vilarello: Yes, sir.
Vice Chairman Plummer: Hello?
Mr. Vilarello: Yes, sir.
Vice Chairman Plummer: We're going to fine a city employee or department head? I don't mind public
whipping but I don't think that it's proper that we should, in fact, be fining a city employee. I mean, he might
be terminated... that's a bigger fine ... for violation of the rules.
Commissioner Teele: Commissioner?
Vice Chairman Plummer: Commissioner Teele.
Commissioner Teele: One of the problems that we're confronted with as a government body, is that we
would not be doing the fining, number one. There would have to be a civil sanction taken, the same as for
violating the Sunshine Law or anything else. This is not an original piece of legislation. The actual fine is
ten thousand dollars ($10,000) and punishable by five years in jail in the federal system and this is drafted
from the Federal law. What this does is, is that it establishes accountability for everybody who signs
purchase orders and invoices in the City as it relates to a department and, of course, this so-called fine, in my
judgment, would never be used but at least it's always going to be there as something that gets everyone's
attention, that this is a violation of the law. You know, this whole idea of public flogging, which, you know,
you've been pretty good at for 20 years here, just hasn't worked, J.L. And I'm being honest. We have a
serious problem with the budget and for the Manager to get up and make the statements that he's made, and I
believe him, that for last the 20 years or 10 years that you've been here, the budgets have been wink and nod
budgets; they're not real; everybody gets up and tells the story and, J.L., we've got to stop that. We have to
send a very strong message to the Manager, the department heads, the City Attorney, the City Clerk, the
office of the Mayor, that we're going to have budget accountability and the idea is not the civil fine, which,
by the way, the Sunshine Law also has a civil fine in it and I've paid one of those fines, but the fact of the
matter is, it gets your attention and everybody in government in the City of Miami, going through what we
have gone through, should take this as a serious matter and not really treat it as a joke. I know there are a lot
of concerns about it but, again, this is drafted very heavily from the Federal law and this is not original
81 September 8, 1998
legislation.
Vice Chairman Plummer: Mr. Charles? I'm sorry. Commissioner Sanchez.
Commissioner Sanchez: Yeah, that's one of the problems that we do have, is that a lot of the ... not a lot of
the departments. Some of the departments are going over their budget and this will send out a clear message
that you cannot go over your budget and, if you do, the City Manager's going to have to deal with it.
Vice Chairman Plummer: Yeah, that ... all right. Mr. Charles.
Mr. Norman Charles: Norman Charles, President of Sanitation Department. Mr. Chairman, honorable
members of the Commission, Mr. Manager, this does concern me and it concerns me a great deal. Over the
last three months my people in Solid Waste Department have suffered because of lack of fund in the budget.
People have worked, and until Clarance Patterson came back, three, four, five weeks they couldn't get paid
for the job that they went out there and did. And the answer that I was always getting was, there is no
money in the budget or we forget to enter it. I am bringing it to this City Commission's attention now, that
when you get ready to pass the budget, I do not want Solid Waste Department to be treated special or
differently from any other department but I expect them to be treated like you treat the Police, the Fire and
every other department. I'm going to ask that there is money placed in their budget to cover whatever they
got to cover. Thank you, sir.
Vice Chairman Plummer: Thank you, sir. You know, you made a good point because if, in fact, this was a
rule last year, the Police Chief would have been sentenced to 400 years in prison for going over the overtime
budget. Mr. Boom Boom?
Mr. Manuel Gonzalez-Goenaga: Yes. I do not ... I am not crying here today for any policeman and even my
friends from the firing department. My heart today is with the people who pick up the garbage because that
resembles to me the work of a cane cutter and when you see only two people in the truck, where the driver
has to get out under the heavy sun to pick up the trash, let me tell you, and when I see these"bien pagados"
sitting down in nice air conditioned cars, brand new, "living "Id dolce vitd', let me tell you, it really hurts my
heart.
Vice Chairman Plummer: Are you give a translation to that?
Mr. Goenaga: Well, I think that's...
Vice Chairman Plummer: Was that obscene?
Mr. Goenaga: ...part of Italian. And, you know, we got plenty of that here and you know a lot of Spanish.
Maybe more than I. "Botelleros" if you want another word. Plenty of people who are well paid and this
is ... when you work for a government, it's supposed to be a sacrifice. Remember that charity starts at home
and sacrifice should also start at home and we are paying for all these things.
Vice Chairman Plummer: Thank you, sir. I don't know what for but thank you. Tom.
Mr. Tom Gabriel: Tom Gabriel, Local 587, Miami Association of Fire Fighters. First, we want to
congratulate you for sponsoring something like this because we think it's a step in the right direction.
However, it's got some very disturbing side effects and if I can just walk them through for you. Under the
State law, you're obligated to fund our contract. In our contract we have minimum staffing for the safety of
the firefighters and the civilians. If, by chance, because the budget is fluctuated or over, for whatever
reason, whether it's a natural disaster or anything else, we're concerned that this is going to cause the
department directors, not just in the Fire Department but across the board, to be fearful of living up to that
contract in fear of paying a penalty themselves. For example...
Vice Chairman Plummer: Can't we overrule it?
82 September 8, 1998
Mr. Gabriel: For example, what it says ... from what I understand this says ... what I understand this says is, if
something happens, say a storm, and it's September, storm season, you're at your budget, close to it, you
have to call in all the troops. We have a minimum staffing but there's emergency things that go on, that
would be against the civil procedure, unless it was brought before this Commission and given and passed.
So, therefore...
Commissioner Teele: Would you hold up on that point? Mr. Attorney, is that...
Mr. Vilarello: Well, there is a provision to deal with emergencies and it allows the Manager to exercise that
authority and then requires a four/fifths affirmative vote of the City Commission upon ratification.
Vice Chairman Plummer: I thought it was unanimous?
Mr. Vilarello: Four/fifths affirmative vote...
Commissioner Teele: That doesn't apply. In other words, the Manager can declare an emergency.
Mr. Gabriel: Now, that takes care of an emergency situation. Now, let's go to the more everyday situation
in which, for whatever reason, the budget hearing is going along and the Fire Department is over budget.
We'll use ours for an example. The City is obligated, by the contract, to have 590 and soon to be 605 or 603
fire fighters on duty. We don't want that hindered, in any way, by an ordinance being passed here. We think
it would be ... and we just ... we think it would be a violation of the collective bargaining agreement and we just
want to get some clarification on how the City's going to handle a situation like that.
Vice Chairman Plummer: You know, let me tell you, I think one of the problems here ... and I'll just express
my view ... is what happened to us this year in reference to overtime in the Police Department and I think this
is what this is trying to avoid and that is, we were not aware, until a month ago, that overtime in the Police
Department, which had been budgeted for five point two million dollars ($5,200,000) was at seven point five
and going to go higher, most likely, by the end of the year. We, the Commission, were never informed of
that matter.
Mr. Gabriel: And I understand that.
Vice Chairman Plummer: And I think that that's where, I think, this is trying to stop that kind of a scenario.
The only problem I have with it ... I think it's a very good measure. I just have a problem with fining a city
employee five hundred dollars ($500). 1 think that's why we've got a Civil Service Board. That's why they
serve at the whim of the Manager. If they don't do what they're supposed to do, he can fire them.
Commissioner Teele: J.L., let me clear this up for you.
Vice Chairman Plummer: Sure.
Commissioner Teele: We cannot fine anyone. The only way this provision could come into effect is if the
City Commission says, what that person did was so bad, we're referring the matter to the City Attorney to
file a lawsuit.
Mr. Vilarello: It could also perhaps, Commissioner, be enforced under...
Commissioner Teele: Or the State Attorney.
Mr. Vilarello: Under State Attorney's Office; it could be a civil infraction; it could be independently filed by
the ... as a civil action by the State Attorney, and we now have the Dade County Ethics Board...
Commissioner Teele: But this is not a fine that the Commission... Commissioner Plummer keeps acting like
we're going to fine somebody. We have to make the determination...
83 September 8, 1998
Commissioner Sanchez: Personal violation.
Commissioner Teele: ... that the persons conduct was so egregious that we're referring the matter.
Mr. Gabriel: But, if I may, what you're trying to do —and I understand the process —you're trying to
intimidate the department directors in order to make sure that they come in under budget and, at the same
time...
Commissioner Teele: No. Tom...
Mr. Gabriel: ...what we're concerned about is that, you're going to violate the contract because, not you
individually, but the department directors, by saying it's either violate your contract and file a grievance or
go over budget and take the wrath of the Commission. And just to show you how, as Commissioner
Plummer has stated ... he stated that you were one of the last to know. Well, part of the reason is, the Fire
Department's budget alone has varied from thirty-five million to over fifty-five million in one budget year.
It's changed. And so, obviously, we're concerned that finance or whoever the powers may be is going to
change those numbers at the end of the year in order to balance the budget and the department directors try
to put a stop on some of the contract, mandated, manning benefits, et cetera. What does a contract ... the
department director that gets notified at the last second that he's close to going over budget do? Does he not
man the trucks, not man the police stations, not man the sidewalks? So, those are our concerns and,
hopefully, you can address them. We understand the budget tightening. We do understand that. We want
to get control of your budget but the disturbing side effect is, we're afraid that you're going to intimidate the
Managers into doing something that's illegal.
Vice Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Tom, nobody wants to intimidate anybody. What we're trying to get is the
message across. If...we understand, if it's justifiable, you come in front of the Commission, you have my
vote to get the money you need in case of a hurricane or whatever emergency appears in the City. What
we're trying to do here is, we're trying to get the departments to stay within their budget and not go over their
budget. And if they need to go over that budget, as Mr. Teele stated, come in front of the Commission and
we will see if it's justifiable and then we will be more than glad to give you the money but some —we have to
have accountability in this government.
Mr. Gabriel: And I'm all for accountability. But what are you going to do to the individuals... first of all,
you're under a law. I'm assured that we'll get paid if two months later you find out that the Police or Fire,
Sanitation paid overtime or is obligated to pay overtime, that they incurred without you knowing they were
over budget, you're going to pay them.
Commissioner Sanchez: Absolutely. And then the director...
Commissioner Teele: That has nothing to do with this.
Commissioner Sanchez: And then the director ... got nothing to do with this. Then the director...
Vice Chairman Plummer: Well, that's...
Commissioner Sanchez: ...if he gives you a budget, then you go by that budget, as long as its projected.
Now, you get to the end of your budget and you're over a million, two or three million, that's when it's a
problem and it's happening today.
Vice Chairman Plummer: Yeah, but let me say, as I've said before ... and I told City Manager this today ... this
afternoon, in budget, I will not vote for overtime in the Police Department that exceeds five point two.
That's where I will vote. Now, if they have go over that five point two, then he's got to come to this
Commission and justify what he would need at that particular time or to carry him through the rest of the
year. But at least we will know what we did in the way of a budget is changed, where we did not know in
84 September 8, 1998
the past, and that's the fear. Tom, I don't think there's any Commissioner sitting up here, in the case of an
emergency, would question one minute the Manager's decisions.
Mr. Gabriel: And I agree with that. The problem isn't necessarily the emergency situation.
Vice Chairman Plummer: Oh, I understand.
Mr. Gabriel: It is just, as you stated, you find out that ... whether it's the Police or the Fire Department,
Sanitation, one of the departments over budget, you say, we're not going to tolerate that more. Stop it. What
effect does that have on the contracts... you know, you're putting the Manager or that department director in a
bind. They're either going to violate the contract or they're going to violate this civil law.
Vice Chairman Plummer: All right. Tom, this is first reading, all right? And I feel it's going to pass. As far
as I'm concerned, I think you need to meet with all of the Commissioners, get their personal ideas of what
they have. Charlie. We're on Item Number 20.
[NOTE FOR THE RECORD: COMMISSIONER GORT ENTERED THE COMMISSION CHAMBERS
AT 3:39 P.M.]
Mr. Charles Cox: Charles Cox, 4011 West Flagler. I'm going to cut mine real short and, basically, the same
concern I'm here, I'm here to protect the contract, the language in the contract, and if a department
underestimates their budget or budget is not given enough, you still have to abide by the contract. We can't
have mass layoffs; we can't have people hitting the street. We don't have the people to do that already. And
for unforeseen avenues, I also don't want my work contracted out to where they can use other budget line
items when we can do it cheaper in-house. So, basically, I can't sit here and say that ... I agree with the
process that you're doing but I want my language in the contract protected. Thank you.
Vice Chairman Plummer: All right. Come on, Tony. I know we've got to get the fourth in here.
Twenty-five percent of each.
Mr. Tony Rodriguez: Tony Rodriguez, President of Miami FOP (Fraternal Order of Police). I'll be brief,
Commissioners, and I think some of the points that my colleagues made are very well taken and I echo
them. I won't dwell upon them. I would, however, like to bring up a couple of points. Most importantly is,
I'm curious as to under ... given under this scenario, if one of the labor organizations has not agreed with the
City on a contract, how are you going to budget for a contractually mandated issues, such as wages and
benefits, under this process?
Vice Chairman Plummer: Very simple, because that's what a budget process is. Once they've negotiated
with you, your contracts, then each department head will be able to sit down and know what the costs of
those perks are and he puts it in his budget.
Mr. Rodriguez: No, no, no, that's not what I'm saying.
Vice Chairman Plummer: As I've said before, overtime is nothing more than poor planning.
Mr. Rodriguez: I'll get to overtime in a minute but that's not what's I'm talking about. Right now you'll be
done with the budget quite... probably before we're done with contract negotiations. How are you going to
budget in Police Department for issues that have not been negotiated yet or agreed to in my contract? That's
a very important point.
Vice Chairman Plummer: But I would assume, by adopting the budget, Tony, what we're doing is setting
parameters for the Manager.
Mr. Rodriguez: Well, Commissioner, the only thing I would caution you against is setting parameters that
are unrealistic because, quite frankly, what's going to happen then is, you might get yourself in a situation or
you might force the administration to get themselves in a situation that's an unfair labor practice, see. And
85 September 8, 1998
what I want to avoid is, very frankly, is that we get in a position, like overtime, let's just say, which is not an
emergency, but the fact is, if officers are doing arrests and they're enforcing the laws of this City and of this
State and of this County, doing their job better and bigger than before, well, that requires court attendance
and if you have ... because can't have one without the other, see, because we got to prosecute these bad guys
that we put in jail. So, if that happens and overtime for court goes up, which is obligation under the contract,
what are you going to do?
Vice Chairman Plummer: Tony, that's not the problem and you know that's not the problem...
Mr. Rodriguez: Well, I know...
Vice Chairman Plummer: Because there are court costs involved. But like last Saturday, all right, there was
a major incident in the Police Department and instead of a captain on the scene on a Saturday afternoon,
they called in off -duty, the PIO, to come there and speak for the Department.
Mr. Rodriguez: And I would agree with you, Commissioner.
Vice Chairman Plummer: And the captain of a Police Department is not intelligent enough to speak for the
Department?
Mr. Rodriguez: Commissioner, I would...
Vice Chairman Plummer: That's the kind of things I'm concerned about.
Mr. Rodriguez: I would agree that some overtime excesses are poor planning. I'd be the first one to agree
with you on that. Clearly, that is not the issue that I'm addressing. I'm not saying that that's the problem.
But then, let me take it a step further. Well, what are you going to do in a situation, for example, where you
have major events that come up? Remember, we're trying to promote the image of this city, correct? We're
trying to encourage conferences and things of that sort to come in here, more of that in our city. Those are
the type of overtime expenditures that caused an increase, not court overtime. Court overtime went down.
The court overtime that I like to attribute to our organization. The officers actually, you know, work more
efficiently, hand in hand with the State Attorney's office, as we do with the City, and that went down. But
specially event overtime went up. But what are you going to do then?
Vice Chairman Plummer: Tony, may I suggest, since this issue has not been fully gone through, we go
ahead and pass it on first reading. Let's go ahead and have whatever kind of pow -wow we need on the issue
before second reading and the Manager's instructed not to put it on for second reading until there has been a
consensus, whether we agree or disagree but at least a consensus and have a thorough look and all of the
answers have been gone through.
Mr. Rodriguez: Fair enough. Thank you, sir.
Vice Chairman Plummer: OK. Commissioner Teele, that's somewhat appealing to you?
Commissioner Teele: Well, it is but this whole discussion is most enlightening and I think, if you're not
concerned, the Manager and the budget director should be concerned. Because what we're talking about is
none of the above, none of the discussion. What we're talking about is that once the Commission approves a
budget, no department head's budget can be expended beyond what we approved. Now, that's all this says.
And if there's an emergency, there's an exemption. The Manager can declare an emergency. To listen to the
discussion, it means ... it almost is frightening because it would suggest that every department head has been
basically feeling that they have the authority to usurp what is right now not even the Manager's authority
and, that is, the authority that rest with the Mayor and the Commission to legislatively approve a budget and
for the Mayor to review it and to act upon it. I would like to ask the budget director if you ... through the
Manager, if I may, have you reviewed this legislation and do you have an opinion about it?
Mr. Dipak Parekh (Budget Director): I have reviewed the replacement to Item 22A and I think, from the
86 September 8, 1998
budget perspective, I think this is a long time coming and it should have been done probably decades ago.
Commissioner Teele: Mr. Manager, Mr. Vice Chairman, I want to put into the record and ask the Clerk to
make a part of the record the August 7th letter from Ray Goode, the Chairman of Mayor's Budget Advisory
Committee to Mayor Carollo. And let me just read a portion of this, a very short portion. On page three,
under administering the budget, all of us are shocked ... now, J.L., this is August 7, 1998, OK?
Vice Chairman Plummer: Go ahead.
Commissioner Teele: All of us are shocked by the basic lack of controls in the city. There- underlined -
there are essentially no budget controls and financial controls once the budget is adopted. That's underlined.
Department heads have not been held responsible and accountable for line item administration of their
budgets or remaining within their budget allocation. We suggest that, through the Manager, you let every
Manager and department head know that FY' 99 is a new day and that absent an emergency, such as
hurricanes, they will be held accountable for balancing their budgets. Now, Mr. Vice Chairman,
Commissioners...
Vice Chairman Plummer: That is so ordered to be part of the record.
Commissioner Teele: This anti -deficiency ordinance, which, by the way, is drafted from the Federal
anti -deficiency ordinance, which the United States Army, which responds to emergencies, the United States
Air Force, FEMA, air traffic controllers and their unions all basically can live with.
Mr. Gabriel: They haven't balanced the budget in years.
Commissioner Teele: Well, they may not have balanced the budget but what you have is, you don't have
people spending more money than they have. This is not about balancing the budget. This is about
departmental and governmental accountability, starting with the office of the Mayor, the office of the
Manager, each Commissioner, the Clerk and the Attorney. So, this is not something that we're relegating to
someone else. This ordinance, in effect, prevents executive officials and any other individuals with
obligation and expenditure authority from involving the City expenditure or liabilities beyond those
appropriated or authorized by the City Commission. It prohibits acts that are contrary to sound budgetary
and responsible fiscal practices and it prevents those enumerated persons or any individual with obligation
and expenditure authority from exceeding their department's approved budget. It provides for an
opportunity to come back to the Commission and ask that your budget be exceeded, if there is a justification,
and, most importantly, it institutionalizes the controls on the City budget and finances after the annual
budget has been approved. I think, if we do nothing else, that the Ray Goode Commission has asked us to
do, if we take this matter seriously... and, again, I take no pride in authorship. I would like for the Unions to
work it. If we need a workshop with the City Manager, City Attorney, I'd be more than willing to do that.
But I think the notion that we are going to have accountability is a ... through an ordinance is something that
must take hold and, obviously, we wouldn't be here in the position we're in with the Oversight Board if we
had demonstrated some of these controls. So, I would ask that the item be moved and have unanimous
support for first reading and then, if there are changes that need to be made...
Vice Chairman Plummer: Is there a second to the motion...
Commissioner Regalado: Second.
Vice Chairman Plummer: ...to move it for first reading? By Regalado. OK. Read ordinance... hello, Mr.
City Attorney. Twenty-two "A."
Commissioner Gort: I have a question.
Vice Chairman Plummer: After he reads it. Go ahead. That's Article IV, sir.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD]
87 September 8, 1998
Vice Chairman Plummer: Mr. Gort, you had a question?
Commissioner Gort: What you're reading is the ... not the one we had in the book but the new one?
Mr. Vilarello: The replacement.
Commissioner Gort: Replacement.
Vice Chairman Plummer: You have a question?
Commissioner Gort: My question is, my understanding, what we're saying here is, no one is allowed to go
beyond what's budget to be expended unless it come in front of us?
Mr. Vilarello: That's correct.
Vice Chairman Plummer: OK. Mr. Manager, you are to put together a workshop of the ... any interested
parties, more particular the Unions and Mr. Teele and invite anybody that wishes to, to thoroughly discuss
this issue and it's not to come back on an agenda until such time as a consensus has been reached. Call the
roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE IV,
DIVISION 12, OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, ENTITLED: "ADMINISTRATION,
DEPARTMENTS, MANAGEMENT AND BUDGET DEPARTMENT,"
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY ENACTING AN ANTI -DEFICIENCY ORDINANCE
TO SET FORTH REGULATIONS TO ENSURE THAT
DEPARTMENTS AND INDIVIDUALS WITH AUTHORITY TO
OBLIGATE OR DISBURSE CITY FUNDS DO NOT EXPEND
FUNDS DURING A FISCAL YEAR IN EXCESS OF THOSE WHICH
HAVE BEEN APPROVED IN A DULY ADOPTED BUDGET; MORE
PARTICULARLY BY ADDING NEW SUBSECTION 2-497
(2)(A)(B)(C)(D)(E), (F) AND (G); CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
was introduced by Commissioner Teele, 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.
88 September 8, 1998
21. APPROVE FIRST READING ORDINANCE AMENDING CHAPTER 2, ARTICLE IV DIVISION
2, OF CODE ENTITLED "ADMINISTRATION, DEPARTMENTS PLANNING, BUILDING AND
ZONING DEPARTMENT", TO ESTABLISH INSPECTION AND SERVICE FEES FOR TRANSFERS
OR CHANGES OF NAMES FOR CERTIFICATES OF USE.
Vice Chairman Plummer: Item 22B, relating to fees. Administration Department, Planning, Building and
Zoning Department. Establish inspection service fees for transfers or changes of names for Certificate of
Use. More particular, by amending Section 2-207. Is there any objection? Anybody wishing to speak on
22B? Moved by Sanchez. Seconded by Regalado. Read the ordinance. Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE IV,
DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, ENTITLED: "ADMINISTRATION,
DEPARTMENTS, PLANNING, BUILDING AND ZONING
DEPARTMENT," TO ESTABLISH INSPECTION AND SERVICE
FEES FOR TRANSFERS OR CHANGES OF NAMES FOR
CERTIFICATES OF USE; MORE PARTICULARLY BY AMENDING
SECTION 2-207(a); CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
was introduced by Commissioner Sanchez, 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.
22. ESTABLISHOCCUPATIONAL LICENSE EQUITY STUDY COMMISSION ("COMMISSION")
- FOR RECOMMENDING CHANGES TO OCCUPATIONAL LICENSE TAX RATES.
Vice Chairman Plummer: Twenty-three. I think this is Regalado's.
Commissioner Regalado: No. That was the decision that...
Vice Chairman Plummer: Oh, this is for a... Yeah. OK. Who's making the recommendation, you, Mr.
Manager?
Mr. Donald Warshaw (City Manager): No, sir.
Vice Chairman Plummer: Are each one of us going to make one, is that how it is? I mean...
Mr. Foeman: Vice Chairman Plummer, at the meeting of July 21st, I think you directed the Manager and the
89 September 8, 1998
City Attorney to impanel a new Commission, Occupational License Equity Commission.
Vice Chairman Plummer: And?
Mr. Walter Foeman (City Clerk): I believe the resolution establishes that and then, a companion item, 24, is
the individual appointments. Each Commissioner makes one appointment.
Vice Chairman Plummer: Oh, the Mayor makes two...
Mr. Foeman: And the Mayor makes two.
Vice Chairman Plummer: ...and each Commissioner makes one, is that it?
Mr. Foeman: That's it.
Vice Chairman Plummer: All right. So, 23 is doing nothing more than establishing the vehicle to travel on?
Mr. Foeman: Yes.
Vice Chairman Plummer: All right. Is there a motion on 23? Moved by Regalado. Seconded by Gort. All
in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer Opposition? Show unanimous.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-856
A RESOLUTION ESTABLISHING AN OCCUPATIONAL LICENSE
EQUITY STUDY COMMISSION ("COMMISSION") FOR THE
PURPOSE OF RECOMMENDING CHANGES TO THE
OCCUPATIONAL LICENSE TAX RATES IN ACCORDANCE WITH
CHAPTER 205, FLORIDA STATUTES.
(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.
90 September 8, 1998
23. APPOINT MIRTA GUERRA- AGUIRRE TO OCCUPATIONAL LICENSE ,EQUITY STUDY
COMMISSION.
Vice Chairman Plummer: Mr. Mayor, are you ready for your Occupational License Equity Study members?
You have two to appoint. Would you like to defer or appoint?
Mayor Carollo: I'd like to defer that, Commissioner.
Vice Chairman Plummer: Is there any Commissioner wishing to make appointments today?
Commissioner Regalado: Yes, I do.
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Mirtha Guerra Aguirre.
Vice Chairman Plummer: All right. Anybody else have an appointment for today? A motion is in order
for those names proffered be accepted by this Commission. Moved by Regalado. Seconded by Gort. Any
further discussion? All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer Opposition? Show unanimous.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-857
A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER
OF THE OCCUPATIONAL LICENSE EQUITY STUDY
COMMISSION ("COMMISSION") FOR A TERM AS DESIGNATED
HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
91 September 8, 1998
24. AUTHORIZE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT,'
WITH KATZ, KUTTER, ALDERMAN, HAIGLER, BRYANT & YON, PA., -- FOR FEDERAL'
GOVERNMENT LOBBYING AND CONSULTING SERVICES -- ALLOCATE' $100000.-
INCLUSI'VE OF EXPENSES FROM ACCOUNT CODE NO. 920216-270. - DIRECT CITY
MANAGER TO COORDINATE SAID MATTER WITH OFFICE OF MAYOR.
Vice Chairman Plummer: Item 25. Professional Service Agreement with the firm of Katz, Kutter,
Alderman, Haigler, Bryant, Young, PA. This is for a lobbying not to exceed a hundred thousand dollars
($100,000). Does anybody wish...hello?
Ms. Marva Wiley (Special Assistant to the City Manager): I have two additional things that need to be said
upon the record, that will be added to the contracts.
Vice Chairman Plummer: If you'll tell me who you are and who you represent.
Ms. Wiley: Marva Wiley from the City Manager's Office.
Vice Chairman Plummer: My condolences. Proceed.
Ms. Wiley: The first item being that the Commission's intent that the two firms from 25 and 26 be required
to work together. Well, let me back up a minute. The Federal Lobbyist, there are two different lobbyist who
are to work together.
Vice Chairman Plummer: Correct.
Ms. Wiley: Presented via Item 25 and Item 26. They're two different items.
Vice Chairman Plummer: I understand, but what's your problem?
Ms. Wiley: I'm letting you know that we're going to add into the contract that the first will be required to
work together.
Vice Chairman Plummer: Jointly?
Ms. Wiley: Jointly.
Vice Chairman Plummer: Right.
Ms. Wiley: And there is an extension that was included in the RFQ (Request for Qualifications) two
years ... two two-year options to renew. Those are not reflected in the current document.
Vice Chairman Plummer: At the purview of the Commission?
Ms. Wiley: Most definitely.
Vice Chairman Plummer: And if the Commission doesn't want to, we don't have to?
Ms. Wiley: Right.
Vice Chairman Plummer: So, actually, 25 and 26 are the same. The only adage to it is that they shall work
in concert with each other?
Ms. Wiley: Right.
Vice Chairman Plummer: OK. Item 25, moved by ... I'm sorry. Mr. Boom Boom.
92 September 8, 1998
Mr. Manuel Gonzalez-Goenaga: Well, by way of an example and a local one and an outside example.
Mr —the new City Manager or the Chief of Police, Mr. Warshaw, lobbied himself and he got a lot of millions
of dollars for the Police Department. He's an employee, paid by the City, and he got millions of dollars. In
Puerto Rico...
Vice Chairman Plummer: Wait a minute.
Mr. Goenaga: No, no. It matters. Because are a poor city, just like Miami, Mr. Plummer, even though you
are a "gringo". Let's face it. We are also a poor city and we get ninety million dollars ($90,000,000) in
Federal funds for the city of San Juan, exclusively, and we don't pay Federal taxes.
Vice Chairman Plummer: Are you finished?
Mr. Goenaga: You want more?
Vice Chairman Plummer: No, I don't.
Mr. Goenaga: I gave you two examples. So, I mean, I ... lefs see how much they do. Because, I mean, here
a hundred thousand, another hundred thousand in Washington. And what about if we have a change in
government now, if the government changes?
Vice Chairman Plummer: Thank you, sir.
Mr. Goenaga: Come on, this is a sweetheart deal.
Commissioner Gort: I got a question.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: Mr. Manager, let me ask a question. Whenever we have a proposal, it goes out to
Washington, including yourself, do you consult with the ... you receive help from the consultant we have in
Washington?
Mr. Donald Warshaw (City Manager): I'm sorry?
Commissioner Gort: Whenever you go out for a grant, you write a grant, do you get any assistance from the
lobbyist in Washington or in Tallahassee?
Mr. Warshaw: I can only answer you by telling you that the grants that we wrote, the cop's grants, we did
not.
Commissioner Gort: OK. Thank you.
Vice Chairman Plummer: No, they spend an additional amount of money to get an additional grant writer
and it's absolutely one of the things that we're going to do in the operational review of the Police
Department. And we're going to stop that kind of stuff. OK. Item 25, moved by Gort. Seconded by
Regalado. Everybody in favor?
Commissioner Teele: Mr. Commissioner?
Vice Chairman Plummer: All in favor say "aye."
Commissioner Teele: Commissioner, the only thing that I've said repeatedly about this contract and the one
in the State is that, whoever's representing the City, the Manager's office should ensure that the Office of
Mayor is closely coordinated.
93 September 8, 1998
Vice Chairman Plummer: Absolutely.
Commissioner Teele: This is a ... you know, with all due respect, we're evolving this difference but the
Mayor should have the last word or the biggest word about this activity and I would hope ... you know, when
it came up before, I said the same thing. I'm saying it again now. I would hope that you all are coordinating
closely with the Office of the Mayor on this and the State contract, lobbying contract.
Mayor Carollo: Art, I appreciate those words and let me tell you why it's even more important that we move
forward as quickly as we can this year on this. Because of the late start last year, we missed out on a
tremendous amount of dollars for this city. Because of some of the things we're trying to accomplish
now ... and I will tell you one alone, that I think you have a hint of but you have no idea how much it's really
going to represent to this City. That it could represent anywhere from 10 to over fifteen million recurring
revenue a year. This 10 is on the low side. Fifteen plus is on the high side. Most likely, it will be
somewhere in the middle. For us to accomplish that in bringing this back to City of Miami, we have to
begin getting off the ground right away and if we don't have a team set to go, the very best that we can ... not
whom we're friends with, who we're close to. We have to put that aside and pick the very best, most
knowledgeable people, the people that have proven they can deliver time and time again. Those are the
people that we need to get now because this is a critical year for Miami, very critical.
Vice Chairman Plummer: OK. Item 25. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Show no opposition.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-858
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH KATZ, KUTTER, ALDERMAN, HAIGLER, BRYANT & YON,
P.A., TO PROVIDE FEDERAL GOVERNMENT LOBBYING AND
CONSULTING SERVICES TO THE CITY OF MIAMI FOR A
PERIOD OF ONE (1) YEAR EFFECTIVE OCTOBER 1, 1998, IN AN
AMOUNT NOT TO EXCEED $100,000, INCLUSIVE OF EXPENSES;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO.
920216-270.
(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.
94 September 8, 1998
25. AUTHORIZE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT
WITH LAW FIRM OF GREENBERG, TRAURIG ET. AL., -- FOR FEDERAL GOVERNMENT
LOBBYING AND CONSULTING SERVICES' — ALLOCATE $100,000.00 'INCLUSIVEss OF
EXPENSES FROM ACCOUNT CODE NO.'920216-270.
Vice Chairman Plummer: Twenty-six is the same, the same motion, the same seconder. All in favor of 26...
Commissioner Sanchez: Twenty-six.
Vice Chairman Plummer: I'm sorry?
Commissioner Sanchez: I'm going to abstain from voting due to possible conflict of interest and I will file
disclosure.
Mr. Alejandro Vilarello (city Attorney): Item 26.
Vice Chairman Plummer: You know, I think you need to get that clarified. I don't see where you benefit,
financially, from that. I respect you for doing what you do but I just ... Mr. City Attorney, as Vice Chairman,
I'm asking you to research the issue of whether he has to recluse himself, where he does not benefit
financially from this item.
Mr. Vilarello: I did provide that research and I provided him a response and advised him that he had a
conflict, a voting conflict of interest.
Vice Chairman Plummer: He does?
Mr. Vilarello: Yes, sir.
Vice Chairman Plummer: OK.
Commissioner Sanchez: I've gotten a legal opinion on it, so...
Vice Chairman Plummer: All right. Hey, you did the honorable thing.
Commissioner Teele: Yeah, but if there's a conflict, the State law says you absent yourself. You don't
announce it.
Mr. Vilarello: Commissioner, respectfully, there's a difference of opinion on that. I know the County
absences from the meeting room.
Commissioner Teele: So, you all announce it?
Mr. Vilarello: An announcement and removing themselves from the room is the appropriate thing.
Commissioner Teele: I like the idea of announcing it better too.
Vice Chairman Plummer: Get out the whip.
Mayor Carollo: Well, it's good that, after all those years, these ex -County Commissioners come to the City
and they learn how to do it right.
Vice Chairman Plummer: All right. All in favor of 26, say "aye."
The Commission (Collectively): Aye.
95 September 8, 1998
Vice Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-859
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH THE LAW FIRM OF GREENBERG, TRAURIG ET. AL., TO
PROVIDE FEDERAL GOVERNMENT LOBBYING AND
CONSULTING SERVICES TO THE CITY OF MIAMI FOR A
PERIOD OF ONE (1) YEAR EFFECTIVE OCTOBER 1, 1998, IN AN
AMOUNT NOT TO EXCEED $100,000, INCLUSIVE OF EXPENSES;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO.
920216-270.
(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 Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
ABSTAIN: Commissioner Joe Sanchez
Vice Chairman Plummer: Lobbying for the request to solicit for lobbying in Tallahassee.
Commissioner Gort: Move it.
Vice Chairman Plummer: Moved by Commissioner Gort. Seconded by Commissioner Teele.
Commissioner Gort: To issue an RFQ (Request for Qualifications).
Vice Chairman Plummer: And let me tell you something. Mr. Manager, you're already late. You are
already late.
Mayor Carollo: If I may, Commissioner Plummer.
Vice Chairman Plummer: Mr. Mayor.
Mayor Carollo: If I could suggest to the Commission that they instruct the Manager that part of the RFP
(Request for Qualifications)would be that whatever firm or firms win this award that they, themselves, be
the one doing the work. This brokering on whether it has to do with representing the City in Tallahassee as
lobbyists or Washington or in leases or in contracts, has got to stop. We don't need any brokers.
96 September 8, 1998
Vice Chairman Plummer: Mr. Mayor, I...
Mayor Carollo: We need to deal directly with the people that we are going to be hiring for a contract.
Vice Chairman Plummer: Mr. Mayor, I would concur with you but I would want a provision that says that,
if the lobbyist himself came back to this Commission in public and asked to be ... assimilate into his team
someone he feels that is necessary, I think we should have that right to do it.
Mayor Carollo: Well...
Vice Chairman Plummer: But that's with ... he would have to do it in public. There would be no sneaky Pete
and I just think that that latitude should be written into that.
Mayor Carollo: At least if it's done in public, J.L., but what I'm trying to avoid is the games that have been
going on here for too many years and I'm not pointing the finger at anyone year or any group of people. But
for too, too many years, including from the years that you were in Washington and you were with another
firm down here, this has got to stop, where on a contract is awarded but then the pressure comes in that that
firm has to give a piece of it to "X" person, "B" person, "C" person and that's what I'm trying to avoid.
Vice Chairman Plummer: I hear you, sir. I concur with you but I just like to give as much latitude as long
as it's in the public. Mr. Boom Boom?
Mayor Carollo: Well, that's an improvement anyway.
Mr. Goenaga: Another improvement. Why we have ... how many state representatives that follow part of
Miami, three or four? I don't know.
Vice Chairman Plummer: Thirteen.
Mr. Goenaga: Huh?
Vice Chairman Plummer: Thirteen.
Mr. Goenaga: No, no. That would be all of Dade County. I'm talking about the City of Miami. At least
two or three. Let's use them as our lobbyist unpaid. I mean, actually, we are paying them. That's why we
elect them. And now we have a new fellow, whose name like me.
Vice Chairman Plummer: Right. Is that how they do it in Puerto Rico?
Mr. Goenaga: Of course.
Vice Chairman Plummer: Oh, OK. All right.
Mr. Goenaga: So, because we save money.
Vice Chairman Plummer: They can't even get statehood in Puerto Rico.
Mr. Goenaga: We don't ... look, don't let me talk because I know what Mr. Carollo was referring to and I'm
very well aware of your good friends broke ... who are a bunch good brokers.
Mayor Carollo: Wait. Woa, woa, woa. Don't get me in the midst of this unless someone's got ESP ( Extra
Sensory Perception).
Vice Chairman Plummer: Just what I needed. Item 27. All in favor ... Mr. Teele.
97 September 8, 1998
Commissioner Teele: Mr. Manager, again, I think it's important for your office, in appointing the committee
on this contract as, as well as to most others, to work closely with the Office of the Mayor and Selection
Committee, et cetera. Again, the Mayor speaks for the City. There's only one spokesperson for the City, the
external person, that's the Mayor. It is important that this team not only be competent, but it be a team that
can work with the Office of Mayor and the...
Vice Chairman Plummer: All in favor of Item 27, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show it as passed.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-860
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE
A REQUEST FOR QUALIFICATIONS TO SOLICIT A LOBBYING
TEAM TO REPRESENT THE CITY OF MIAMI IN TALLAHASSEE,
FLORIDA; AUTHORIZING THE CITY MANAGER TO REVIEW
THE PROPOSALS AND APPOINT A SELECTION COMMITTEE,
SUBJECT TO THE APPROVAL OF THE MAYOR AND THE CITY
COMMISSION, TO MAKE RECOMMENDATIONS TO THE CITY
COMMISSION.
(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 28. City Manager increasing a fee from 138 to 188, plus two hundred
thousand for expenses for bond counsel for the City of Miami. Why do we need bond counsel? We're not
doing any bonds.
Mr. Donald Warshaw (City Manager): On an emergency basis.
Vice Chairman Plummer: What bonds are we selling?
Commissioner Teele: J.L., you know, let me tell you something.
98 September 8, 1998
Vice Chairman Plummer: No, I'm asking a question.
Commissioner Teele: The Five -Year Plan has got at least five bond deals that have got to be analyzed. I
mean, let's be serious about this. The deal relating to the Off Street Parking, the deal relating to the Knight
Center, the deal...
Vice Chairman Plummer: We've already approved that.
Commissioner Teele: No, no, no, J.L., we've not approved those deals. We have started the process. We
have not approved anything relating to the Knight Center, the parking garages. These bond deals have been
a part of our Five -Year Plan now for two years and we've not dealt with it.
Vice Chairman Plummer: Yeah. But, you know, let me tell you something. I don't know whether this
firm...
Commissioner Teele: And bond counsel doesn't only serve to issue bonds. Bond counsel serves to advise
on bonds that have been issued and that's our biggest problem right now.
Vice Chairman Plummer: Mr. Teele, I come from a school that says we rotate it, OK; that we establish five
or six or seven... what did we do in the past, Joe? We used to have five firms. We established five qualified
firms, locally, and that would be rotated among the firms so that everybody got a piece of the action. There
was no favoritism, as long as they qualified. I think the provision was, they had to be in the red book, am I
correct? The red book.
Mr. Alejandro Vilarello (City Attorney): You currently have that, Commissioner.
Vice Chairman Plummer: OK. And there should be at least five firms where this matter can be rotated.
Commissioner Teele: U., that's if you're issuing bonds.
Vice Chairman Plummer: Sir, it's...to me, it would be if you're doing bond work.
Commissioner Teele: No, J.L.
Vice Chairman Plummer: Talking about Off -Street Parking.
Commissioner Teele: You don't want to rotate the lawyer who's giving you advice on a matter. You want to
get with one lawyer and stay with them. Come on, J.L., that's...
Vice Chairman Plummer: Sir, we have a difference of opinion and I respect you and your opinion. I would
ask the same.
Commissioner Teele: And I respect you.
Vice Chairman Plummer: I just...
Commissioner Teele: But, J.L., we have in our Five -Year Plan a very big issue and one that you're
knowledgeable of is the Knight Center.
Vice Chairman Plummer: Right.
Commissioner Teele: Just ... so that you understand what we're talking about, we need bond counsel and I
don't know where the Attorney and the Manager are coming from on this but I can tell you this, after reading
the Five -Year Plan now for two fiscal years, we have not done any of the things necessary. If you don't
want to get into another one of these situations where you put out an RFP (Request for Proposals) and you
99 September 8, 1998
don't know where the deal ... where the market is and all of that, you need a bond counsel to evaluate the
revenues of the various transactions, particularly related to the parking garage and related to the Knight
Center. And this isn't about issuing bonds. This is about doing what we said we're going to do under the
Five -Year Plan.
Vice Chairman Plummer: Mr. Teele, I hear you. I like the idea of rotation. I would select bond counsel, as
needed, OK, and negotiate the fee. I don't even know why they're increasing the fee. What was the
justification of fifty thousand... seventy thousand dollars ($70,000) more?
Mr. Warshaw: Commissioner, this is a contract that had three one-year renewal options and we're coming
back to you to ask for...
Vice Chairman Plummer: What is the justification for increasing seventy thousand dollars ($70,000)?
Ms. Wiley: Fifty thousand, isn't it?
Vice Chairman Plummer: It's fifty plus 20.
Ms. Wiley: It goes from 138...
Mr. Vilarello: This is the last year of the contract that provides for fifty thousand dollars ($50,000) in fees
and twenty thousand dollars ($20,000) in expenses.
Vice Chairman Plummer: Don't I speak English? What is the justification of the increase of seventy
thousand dollars ($70,000)?
Mr. Wiley: Commissioner?
Mr. Warshaw: It's not an increase. It's fifty thousand plus 20 thousand for expenses.
Vice Chairman Plummer: It goes from 138 to 188. Now, if that's not fifty thousand, I'll buy you a new
Manager.
Mr. Warshaw: That's the aggregate amount...
Vice Chairman Plummer: What is the justification for more? We don't know.
Mr. Warshaw: It's a new year.
Ms. Wiley: There are two different...
Commissioner Teele: For one additional year, is the answer.
Ms. Wiley: Right. There's a two-tier structure under the contract.
Vice Chairman Plummer: OK, guys. I only have one more question and I'll shut up. Is this firm, whoever
they are, they have a Miami office?
Ms. Wiley: I'm not sure.
Mayor Carollo: Right across the street.
Vice Chairman Plummer: From the City of Miami?
Mayor Carollo: Right across the street.
100 September 8, 1998
Vice Chairman Plummer: I have no further questions.
Mayor Carollo: But let me go on to something else, J.L., which is important.
Vice Chairman Plummer: Sure.
Mr. Carollo: I know what you're trying to accomplish and I heard what Commissioner Teele said. I'll give
you a prime example. Not only do we not have on the Five -Year plan that we had on the original Five -Year
Plan, the selling of the Knight Center, but let me tell you what I have been going through for the last year or
so, year plus, on that issue. Every time that I asked the question on how much is it going to be to defease
those bonds, I'm getting a different number.
Commissioner Teele: Different answer.
Mayor Carollo: Different answer totally. And there's no way that we can begin to take the first step forward
without not having the exact amount that we're going to have to deal with. So, that's why we need to move
forward with this and if we start jumping around, we're only going to be hurting ourselves right now.
Vice Chairman Plummer: Joe, I have no problem with being prepared. I have no problem with doing
advanced work that needs to be done.
Mayor Carollo: And that's one. Once we start...
Vice Chairman Plummer: The only thing I'm saying is, I thought we had a good system when we rotated it.
That's not the case now. Others feel differently. Hey, we operate here by the majority vote. All right.
Mayor Carollo: The other problem that we have, that's equally as important, is going to have to be with the
Off Street Parking.
Vice Chairman Plummer: Fine. I thought we'd already got a firm through Of€Street Parking, did we not?
Mr. Vilarello: That's for the bond issuance.
Mr. Carollo: For the bond issuance.
Vice Chairman Plummer: But, I mean, its a law firm? And how much do we pay that law firm?
Mr. Vilarello: I believe the fees, in connection with that, was approximately twentyfive thousand dollars
($25,000).
Vice Chairman Plummer: OK, guys, you know...
Mayor Carollo: But we're going to have to be advised ourselves on...
Vice Chairman Plummer: That's my point.
Mr. Carollo: On what it is and how to do go about in the best way for this City todefease those bonds too if
we find out, like I think we will, that we could be making an extra couple of millions dollars a year if we put
it out on an RFP.
Vice Chairman Plummer: OK. Who moves Item 28?
Mr. Manel Gonzalez-Goenaga: May I?
Vice Chairman Plummer: In a minute. Who moves Item 28?
101 September 8, 1998
Commissioner Teele: I do.
Vice Chairman Plummer: Moved by Teele. Seconded by ... seconded by?
Commissioner Regalado: Me.
Vice Chairman Plummer: Regalado. Mr. Boom Boom.
Mr. Goenaga: Well, there are two different issues here. Bond counsel, as far as I know ... and I was not born
yesterday. I am already 60 years old... they only give a legal opinion as to the legality of the issuance of the
bonds yet and that's standard procedure. Don't think that they just copy from one place to the other and they
charge. I am aware of that. The investment banker is the one who actually places and sell the bonds and
give the financial advice for the service but when there is a noncompliance with the bond issues, the
legal ... the bond counsel are not personally responsible in the law firm. It's the investment banking firm or
the City and I think that we have some problems and, please, tell me because it came out in the newspaper
with the Securities and Exchange Commission on previous bonds that have been issued by this honorable
and prestigious City of Miami. I know.
Vice Chairman Plummer: Thank you, sir.
Mr. Goenaga: No, no, no, no. This is a very important matter.
Vice Chairman Plummer: Oh, I thought you were finished.
Mr. Goenaga: Because if there is one feasance or illegality in the use of the funds, the bond counsel is not
liable.
Vice Chairman Plummer: Thank you, sir.
Mr. Goenaga: I don't think that you ... do you really understand what I tried to say?
Vice Chairman Plummer: No, I don't.
Mr. Goenaga: OK. Thank you.
Vice Chairman Plummer: I don't want to.
Mr. Goenaga: Go back to school. Investment banking.
Vice Chairman Plummer: That's right, but not in Puerto Rico. OK. Item 28, all in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Show it as unanimous.
102 September 8, 1998
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-861
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, TO THE AGREEMENT BETWEEN THE CITY
OF MIAMI AND HAWKINS, DELAFIELD & WOOD AND
HOLTZMAN, KRINZMAN, EQUELS & FURIA, P.A., CO -BOND
COUNSEL FOR THE CITY, TO EXTEND SAID AGREEMENT FOR
A ONE (1) YEAR PERIOD, ENDING SEPTEMBER 30, 1999, AND
INCREASE THE FEE CAP TO SAID FIRMS FROM $138,000 TO
$188,000, PLUS $20,000 FOR EXPENSES; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO. 00 100.921002.6.270.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
Commissioner Teele: Mr. Manager?
Vice Chairman Plummer: Number 30. Mr. Teele. I'm sorry.
Commissioner Teele: I want to be on the point that Commissioner Plummer has raised and that is, this is the
year, right, of this?
Mr. Warshaw: Yes, sir.
Commissioner Teele: Mr. Attorney, this is the last year of this ... this is a three-year contract? This contract
was here long before I was elected. Is this the last year of this contract?
Mr. Vilarello: Yes. Or this Commission can renew it again.
Commissioner Teele: So, in accordance with what Commissioner Plummer is saying, we would expect next
year that there would be a solicitation for bond counsel. I mean, I'm ... 1 just want to commend the
management for trying to move forward and get this stuff done because we spend half of our time out here
with RFPs and solicitations and if Commissioner Plummer, as a Commissioner, wants to see the bid go out, I
support that. But I think we ought to go ahead and move this through this year.
103 September 8, 1998
Vice Chairman Plummer: Sir, it's just been approved and it's so ordered. Next...
Commissioner Sanchez: It's been approved.
Commissioner Teele: For one year?
Vice Chairman Plummer: For one year, that's correct.
Commissioner Teele: OK.
Vice Chairman Plummer: All right. Number 30. There's been any number of people, Mr. Manager, that
have approached, I'm sure other people, as well as myself, that the number one recommended company that
you spoke with sold out and is no longer the same company that you dealt with in the recommendations, is
that a correct statement?
Ms. Marva Wiley (Special Assistant to City Manager): Yes, but all three firms have merged with other
firms. That's not a characteristic unique to the first time.
Vice Chairman Plummer: Did the RFP (Request for Proposals) provide for that?
Ms. Wiley: I don't believe there is a legal issue that would preclude such mergers. I would defer...
Vice Chairman Plummer: Mr. City Attorney?
Mr. Vilarello: Unless the RFP specifically prohibited it, no, there wouldn't be a problem with them.
Vice Chairman Plummer: OK. Mr. Secretary of State.
Mr. Jessie McCrary: Good afternoon. Commissioner...
Vice Chairman Plummer: For the record, give us your name and mailing address.
Mr. McCrary: Yes, sir. Mr. Mayor, members of the Commission and Mr. Manager, my name is Jessie
McCrary, mailing address 2800 Biscayne Boulevard, Miami, Florida. Mr. Plummer, let me ... I will address
your question and I want to address another matter as related by the RFP. I believe that it is sort of Horn
Book law that the firm that submits a response to the RFP is the firm that the organization letting the RFP
intends to deal with. Because if not, you are then dealing with a different organization that did not respond
to the RFP and could not, obviously, adequately respond to it in terms of its structure and the many other
things about an individual firm. That's not my point. I tried to just answer your question. In the resolution,
as prepared in the agenda, it only has three firms. However, in the RFP, it specifically states that the City
reserves the right to interview all or some of the proposals and the number of firms to be interviewed shall
be the sole discretion of the City. It is my thought that the firms that are listed in the agenda are the only
firms being recommended to the City for interview and if I am incorrect about that, I certainly would like to
be corrected, in that I do represent a firm that is not listed in the group. Additionally, the firm that I
represent was not found unqualified, nor were they found unresponsive to the RFP.
Commissioner Teele: Did you say who you represent?
104 September 8, 1998
Mr. McCrary: Philadelphia Tax Bureau, Mr. Chairman.
Vice Chairman Plummer: The question has been asked, as to the terminology, I assume, as to the placement
on the agenda, why was three firms only put on the recommendation rather than all of the firms that were
qualified, is that the question?
Mr. McCrary: That is correct, sir.
Vice Chairman Plummer: OK.
Mr. Donald Warshaw (City Manager): And the answer to that, Commissioner, is that the committee made a
recommendation to submit to the Manager the three...
Vice Chairman Plummer: That's not the question. The question was, did the RFP state there would only be
three firms recommended?
Ms. Marva Wiley (Special Assistant to City Manager): No. That's generally left within the discretion of the
Selection Committee, who they feel should be ranked, in what order and how many should be advanced to
the Commission.
Commissioner Teele: Mr. Chairman?
Mr. McCrary: Mr. Chairman, respectfully, let me...
Commissioner Teele: Mr. Chairman?
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. McCrary read or made a statement into the record. Now, would the attorney give
us whether McCrary is right or whether the staff is right? Mr. McCrary's statement was that the RFP, the
document itself, said that the Commission will determine or the City will determine how many firms will be
presented. Is that what you said, Mr. McCrary?
Mr. McCrary: Yes, sir. It's in the area on Page three of the RFP, selection criteria sentence two.
Mr. Vilarello: Mr. McCrary's statement is generally correct, RFPs have that language. It allows the
Commission the discretion to award to any of those firms. However, the committee made a
recommendation that the top three be presented to the City Commission. In the event that this City
Commission wishes to hear from anyone other than those top three, then it needs to provide that same
privilege to those other firms, which were reviewed but not deemed unqualified.
Vice Chairman Plummer: Can I ask a very quick question, please?
Mr. McCrary: Yes, sir.
Vice Chairman Plummer: Mr. Manager, besides Lourdes Reyes, who no longer is with the City, and Pamela
Burns, who else was on that committee?
Ms. Wiley: Just as a matter of correction, Pamela Burns only staffed the committee. She was not on the
committee. Donovan...
Vice Chairman Plummer: OK. Who was the Evaluating Committee?
Ms. Judy Carter (Purchasing Director): Yes, sir. There was five members of the Evaluation Committee.
Vice Chairman Plummer: All right. Who were they?
105 September 8, 1998
Ms. Carter: There were two individuals that provided support to the committee, those that represented...
Vice Chairman Plummer: The voting members of the committee.
Ms. Carter: I'm about to share that with you. Lourdes Reyes, Neyda Galvez represented City staff on that
Committee and the three non City staff members represented... his name is Donovan McGinley, who's the
manager of KPM Marwick, Pete Marwick, as well as Rachel Baum, who is the director of finance for
Miami -Dade. And then we also have Marlaine Byrd, who's the director of internal audits for Mercy
Hospital. Those are the three individuals that were not members of City of Miami work force.
Vice Chairman Plummer: Thank you. Mr. McCrary, proceed.
Mr. McCrary: Mr. Chairman, I am ... let me be straightforward. I am not asking this Commission to select
the firm that I represent today. I am merely asking that the requirements of the RFP be abided by. That is,
that the City, this body sitting, has the right to interview any or all of the bidders who are qualified and what
you have presented to you in the agenda today is only three of them. If this were a situation that any of the
firms were unqualified, I can understand leaving them off but each of the firms that is qualified, I believe
would fall within your RFP, where you say that the City reserves the right to interview any and all firms.
And it is not a question of qualified versus unqualified. It is a question that there are more than three firms
that are qualified, so any one of them could be the firm you select. And I am, respectfully, asking that the
Commission expand that list to include all of the firms that this committee found to be responsive to the
RFP.
Vice Chairman Plummer: Members of the Commission? Hold up.
Commissioner Teele: Mr. Chairman, I don't want to hear from Mr. Goenaga until we have decided this
issue, please.
Vice Chairman Plummer: That's why I said hold up.
Commissioner Teele: I mean, I want to hear from you later on.
Commissioner Sanchez: No, no. Wait, wait, wait.
Commissioner Teele: No, no, let's don't get confused here.
Vice Chairman Plummer: You're last.
Mr. Manuel Gonzalez-Goenaga: No, I'm willing to.
Commissioner Sanchez: Vice Chair, one of the things I get. I get a lot of complaints and the thing is that
some of the process is not being done fairly. Of course, whoever loses always says it's not done fairly but,
you know, is there a guideline that we follow? You know...
Ms. Carter: Yes, it is, sir. It is a guideline. It is a policy and a procedures that exist with...
Commissioner Sanchez: And we follow it to a "T?" We cross the "Ts" and dots all the "I"?
Ms. Carter: Absolutely, absolutely. Let me preface this ... and I know Mr. McCrary very well by sentence
and I think that it's very important to know that what was submitted to you was appropriate pursuant to what
this document said. If it is your desire to do something in addition do that, then let the record be that. But
the preface to that is to say, there's a provision in that same paragraph that says a selection evaluation
committee will review the proposals received, evaluate and rank the proposals and make a recommendation
of award to the Miami City Commission to the highest rankproposer and the one that overall is in the City's
best interest. That was submitted to you today.
106 September 8, 1998
Mr. McCrary: Mr. Chairman, may I respond to that?
Vice Chairman Plummer: Woa, woa, woa, woa.
Commissioner Teele: Mr. Chairman?
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: I don't see the debate. Mr. Chairman, I really don't see the debate. The only thing I'm
confused about is what the City Attorney said. Look, the document speaks for itself The RFP takes
precedent over any procedures or any policies, is that a fair statement, Mr. Attorney? The RFP document
speaks for itself in this matter?
Mr. Vilarello: It does, yes.
Commissioner Teele: If our document says ... and the committee has done exactly what they were supposed
to do. The fact of the matter is, is that the Commission has the authority to say we're going to hear from any
and all. If it was in the RFP ... Mr. Attorney, if it was in the RFP and if the document ... and if it was put on the
agenda, everybody's got notice. I mean, there is no requirement that everybody get a second round of
notice, those that weren't selected. Everybody who read the RFP was on notice as to what's in the RFP.
Mr. Vilarello: However, I believe the City Manager's office did provide notice to the top three that this item
would be coming before the City Commission and to all...
Commissioner Teele: Yeah, but that was over and above the published notice. The official notice is the
publication of the Commission agenda.
Mr. Vilarello: And to the balance of the eight that were responsive to the RFP were advised that their items
would not be coming forward. Now the request is for one of the not ... fourth, five, sixth, seventh or eighth...
Commissioner Teele: My motion would be, if the City Attorney and the Vice Chair would allow it, is to
allow anybody and everybody that's here, pursuant to the RFP and the notice in the agenda, that wants to be
heard to be heard. And I'm going to look very closely at the rankings. But, I mean, I don't see why those
two things are inconsistent.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: My understanding, we're in a public hearing. My understanding, the committee can
decide to hear the presentation of the three individuals but we, as a Commission, we have public hearings,
we can hear to anyone we want to hear. That's my understanding. Am I correct...
Vice Chairman Plummer: Mr. City Attorney.
Commissioner Gort: This is a public hearing?
Mr. Vilarello: Yes, it is.
Commissioner Gort: OK. Thank you.
Vice Chairman Plummer: Well, you didn't hear his question. His question is, the Commission can hear
from anybody they want to hear from?
Mr. Vilarello: Yes. This is my concern with regard to hearing from members, other than the top three
ranked firms. They had been provided a notice from the City that this item would only contain those three;
that the fourth highest or fourth ranked or the other members would not be heard at a presentation before the
107 September 8, 1998
City Commission. How do you justify any of the other presentations that don't come before you...
Commissioner Teele: I'll tell you how I do. Because they're wrong. Because they didn't read the RFP. City
staff didn't read the RFP, if they said that. The RFP takes precedent over everything. I mean, that ... once
there's an RFP, the only way to ... and the Commission approves it and the Manager sends it out, the only way
to change it is to bring it back to the Commission. The Commission staff doesn't get to change the RFP.
They don't get to say ... if we say we're going to hear from ... reserve the right to hear from all, they don't get
the right to say, well, those guys up there can only hear from the ones we want you to hear from. They don't
have that right.
Vice Chairman Plummer: There's another way. Throw out all the bids and start over.
Commissioner Teele: When was this RFP issued?
Mr. Warshaw: The evaluation completed...
Ms. Carter: October of 1997.
Commissioner Teele: I move to throw ... Phil, is that all right?
I mean...Mr. Chairman, this is a year -old ... this is ... see, that's the problem. We're one year later. The RFP
went out when?
Mr. McCrary: October 22nd.
Vice Chairman Plummer: October of'97.
Commissioner Teele: Of what?
Mr. McCrary: Nineteen ninety-seven.
Commissioner Teele: A year ago.
Vice Chairman Plummer: Almost.
Commissioner Gort: It's been going on for two years now.
Ms. Wiley: That's when it went out. December 3rd the proposals were received, so not quite a year.
Mr. McCrary: That's when it was issued.
Mr. Warshaw: The Committee completed its evaluation...
Vice Chairman Plummer: Can I ask a dumb question? How was the evaluation? Was it based on a hundred
percent, a hundred points? I'm looking here at, some people got 123 points and I thought a hundred was
about...
Commissioner Teele: J.L., look at the numbers here. Nobody got...
Ms. Carter: Based upon 150 points, sir.
Vice Chairman Plummer: How much?
Ms. Carter: Hundred and fifty points.
Vice Chairman Plummer: One fifty?
108 September 8, 1998
Ms. Carter: Yeah.
Vice Chairman Plummer: You know, it's amazing to me ... and I realize all people think and see things
differently but when you look at some of the differences in these evaluators, from one person evaluating at
113 and the other one the same thing, 27, 1 mean ... you know, something is ... and I do respect, believe me,
that there are differences of opinion. I respect that, OK, and I'm the very one who wants outside people to
be involved but I ... all right. Commissioner?
Commissioner Teele: What's the ... Mr. Chairman, what is your preference?
Vice Chairman Plummer: My preference, as far as I'm concerned, it's dead meat. Let's go back out and do
it as quickly as we can.
Commissioner Teele: Can we do it ... can we be back here in 60 days?
Vice Chairman Plummer: Absolutely.
Ms. Carter: Yes, we should be able to do that.
Vice Chairman Plummer: No, no, no, no. No, no, don't ask. Tell them we want it back in 60 days, then
Judy will...
Ms. Carter: Yes, we will be able to comply with your directions, sir.
Vice Chairman Plummer: That's what I want to hear.
Commissioner Teele: Mr. Manager, does that do violence? I mean, Commissioner Plummer has raised one
of the issues that gave me concern and that's just the scattered nature of these rankings and not ... again, I
agree that everybody should have their own right to evaluate but does this do violence to anything that
you're looking at?
Mr. Warshaw: Commissioner, you certainly have the right to throw out this whole process and start all over
again.
Commissioner Sanchez: Well, I make a motion to throw out and have arebid.
Vice Chairman Plummer: OK. The motion in order is to go out to a new RFP. That's the motion and
seconded by?
Commissioner Sanchez: Second.
Vice Chairman Plummer: By Sanchez. And Boom Boom still wants to talk.
Mr. Goenaga: Yes. I tell you why.
Vice Chairman Plummer: All right, sir, tell me why.
Mr. Goenaga: Because, through experience, I never invent anything. I just copy the good things. And,
again, and you are not going to like this. In Banco Popular de Puerto Rico, when they have bad loans, they
transfer it. It's a very, very qualified bank. The twenty billion asset bank and very profitable. Thank God.
That's why it don't work.
Vice Chairman Plummer: Would you please...
Mr. Goenaga: Let me tell you why. They have a subsidiary of the holding company that the bank sells the
bad loans to this company and then this little company collects them, so the bank's name does not appear.
109 September 8, 1998
Why can't we do this within the Legal Department and assign two attorneys? Because, you know, this thing
is getting curiouser and curiouser every day. Everybody is overworked and I don't see them overworked.
Very relaxed. Very good pensions, my dear friends. So, I mean, you may fool the fools. I think that I am
one of the exceptions of the fools.
Vice Chairman Plummer: Thank you, sir.
Mr. Goenaga: And you are the captain of the ship of fools. Congratulations.
Vice Chairman Plummer: That's true. And if you can just get them Puerto Ricans to pay income tax, I
would appreciate it. The motion is to go out for a new RFP to be back before this Commission in 60 days.
Commissioner Teele: Mr. Chairman...
Mr. Vilarello: Including a rejection of all...
Commissioner Teele: Are there any special provisions that you ... because, you know, I think the time ... if you
want to have all these issues, the time to put it in is in the RFP and I think we ought to try to agree, to the
extent that we can, that we're going to support the committees that rank these people. It really ... I mean, I
want to apologize to Ms. Buam, who works for the County, who gave her time to do this, to evaluate, and to
anybody else that did this, but I think it's healthy to have outside people involved in this, Mr. Manager. I
think it's very healthy to have outside people involved. Commissioner Plummer feels very strongly about
local. I don't feel nearly as strong about local, about some things. You know, this is going to be a collection
agency and the truth of the matter is, a collection agency in Delaware is probably going to do better than
somebody who's got a ... you know, a bunch of hundred cousins and whatever and whatever.
Vice Chairman Plummer: Nobody gets shot.
Commissioner Teele: You know. But I think we ought to give a little thought as to what it is we're looking
at and give the Manager those instructions now, as opposed to once the document goes out, it's too late for
us to give an instruction.
Vice Chairman Plummer: All right. First and foremost, what we have to do is reject and throw out all bids,
correct?
Mr. Warshaw: That's correct.
Vice Chairman Plummer: OK. Moved by Teele. Seconded by Gott. All in favor, say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-862
A MOTION REJECTING ALL BIDS RECEIVED IN CONNECTION WITH
THE PROVISION OF DEBT COLLECTION SERVICES FOR THE
DEPARTMENT OF FINANCE.
110 September 8, 1998
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: All right. Now, a new motion says that the Manager is instructed to prepare a
new RFP and any Commissioner, within seven days, will have the right to give him their thoughts as to what
should be contained in the RFP. OK? All in favor, say "aye."
Commissioner Teele: And that the RFP will be back here before the Christmas break.
Vice Chairman Plummer: Within 60 days. I said that. OK.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-863
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ISSUE NEW REQUEST FOR PROPOSALS (RFP) IN CONNECTION WITH
THE PROVISION OF DEBT COLLECTION SERVICES FOR THE
DEPARTMENT OF FINANCE; FURTHER STIPULATING THAT
COMMISSIONERS HAVE SEVEN DAYS TO PROVIDE THE MANAGER
WITH TERMS TO BE INCLUDED IN SAID RFP; AND FURTHER
DIRECTING THE MANAGER TO COME BACK IN 60 DAYS WITH A
RECOMMENDED FIRM FOR COMMISSION APPROVAL.
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
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS:
None.
ABSENT: None.
III September 8, 1998
Vice Chairman Plummer: OK. Item 32.
Commissioner Teele: All those in favor, say "aye." (Referring to Motion 98-863, above)
Vice Chairman Plummer: This is an emergency resolution.
Mr. Vilarello: Thirty-one.
Mr. Warshaw: Commissioner, you skipped a couple.
Commissioner Regalado: Thirty-one, 31A. What happened to 31?
Vice Chairman Plummer: Oh, yeah, yeah. This is the one that's going to do the assessments?
Ms. Warren: HOPWA (Housing Opportunities for Persons with AIDS), 31.
Vice Chairman Plummer: Oh, 31? Oh, I'm sorry.
Ms. Warren: It's OK.
Vice Chairman Plummer: All right. Anybody got any questions on 31? Is there a motion?
Commissioner Regalado: This is on HOPWA. Moved by Regalado. Seconded by Sanchez. All in favor
say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-864
A RESOLUTION APPOINTING A FIVE (5) MEMBER HOPWA RFP
REVIEW COMMITTEE (THE "COMMITTEE") TO EVALUATE
PROPOSALS RECEIVED FROM NOT -FOR -PROFIT AGENCIES
FOR: (1) THE PROVISION OF HOUSING AND/OR SUPPORT
SERVICES TO LOW INCOME PERSONS LIVING WITH HIV/AIDS
IN CONNECTION WITH THE IMPLEMENTATION OF THE CITY'S
1997-1998 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
(HOPWA) PROGRAM, AND (2) THE OPERATION OF THE CASA
DE LOS MILAGROS HOUSING PROJECT; DIRECTING THE CITY
MANAGER TO PRESENT THE COMMITTEE'S
RECOMMENDATIONS TO THE CITY COMMISSION FOR ITS
CONSIDERATION.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
112 September 8, 1998
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
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
30. (A) AUTHORIZECITY' MANAGER TO ENGAGE SERVICES OF BERMELLO, AJAMIL &
PARTNERS, INC., IN AN AMOUNT NOT TO EXCEED'' $10,000, -- FOR PURPOSE OF ASSISTING
THE COMMUNITY REDEVELOPMENT AGENCY (CRA) AND COMMUNITY DEVELOPMENT'
IN DEVELOPING HOUSING' PLAID -- FOR PROPOSED NORTHWESTERN ESTATES ''HOUSING'
PROJECT' —FOR TECHNICAL ASSISTANCE FOR PROPOSED NEW HOPE/OVERTOWN'
HOUSING PROJECT.
(B) ADVERTISE COMMUNITY REDEVELOPMENT AGENCY MEETING FOR SEPTEMBER'
14, 1998, AFTER 5 P.M.
Vice Chairman Plummer: Item 31A, CRA.
Ms. Gwendolyn Warren (Community Development Department Director): Mr. Chair?
Vice Chairman Plummer: Yes.
Ms. Warren: We need the names.
Vice Chairman Plummer: Need the names of the five...
Ms. Warren: Yes.
Vice Chairman Plummer: They will submit them to you. We will surrender them to you.
Ms. Warren: OK.
Vice Chairman Plummer: Thank you. Please, within the next 48 hours, surrender your appointee to the
board. This is the board of HOPWA. OK. Thirty-one "A," CRA for the law firm ... I'm sorry. The firm of
Bermello, Ajamil & Partners, not to exceed ten thousand dollars ($10,000) for the housing plan for proposed
Northwestern Estates housing project. Who recommends that?
Mr. Teele?
Commissioner Teele: Yes, sir.
Vice Chairman Plummer: Did you recommend Item 31 A?
Commissioner Teele: No, sir.
Vice Chairman Plummer: On CRA?
Ms. Gwendolyn Warren (Community Development Department Director): It's a staff item based on two
previous actions taken by the Commission.
113 September 8, 1998
Vice Chairman Plummer: Staff is telling us who to recommend?
Ms. Warren: No, sir.
Commissioner Teele: No.
Vice Chairman Plummer: OK.
Commissioner Teele: They are the firm that the CRA board has approved as their general engineer and
architect consulting firm.
Vice Chairman Plummer: OK. And where are the funds coming from?
Ms. Warren: Coming from our HOME program.
Vice Chairman Plummer: OK. While we're on this issue, Mr. Teele, since I can't talk to you in private ... but
go ahead. All in favor say "aye."
Commissioner Teele: How much money is this?
Ms. Warren: It's ten thousand, up to.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-865
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ENGAGE THE SERVICES OF BERMELLO,
AJAMIL & PARTNERS, INC., IN AN AMOUNT NOT TO EXCEED
$10,000, FOR THE PURPOSE OF ASSISTING THE COMMUNITY
REDEVELOPMENT AGENCY (CRA) AND THE DEPARTMENT OF
COMMUNITY DEVELOPMENT IN DEVELOPING A HOUSING
PLAN FOR THE PROPOSED NORTHWESTERN ESTATES
HOUSING PROJECT AND PROVIDING TECHNICAL ASSISTANCE
FOR THE PROPOSED NEW HOPE/OVERTOWN HOUSING
PROJECT.
(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.
Vice Chairman Plummer: OK. Everybody in favor, say "aye."
Mr. Foeman: I need a mover and a seconder, Commissioner.
114 September 8, 1998
Vice Chairman Plummer: Teele moved it and Gort seconded it. Mr. Teele, tell me about Poinciana Village
very quickly, if you could.
Commissioner Teele: Poinciana Village is a project that has been going on for 10 years. The City of Miami
awarded it to a developer some 10 years ago. At the last CRA board meeting, the CRA gave Poinciana
Village some 30 days or 45 days, which actually expired in August ... about the 10th of August. Subsequent
to that, the Fanny Mae Foundation and the Federal Government have been in negotiations with two banks to
determine whether or not their practices are consistent with the Community Reinvestment Act. As late as
Friday, both banks have come into compliance and have agreed to make the loan ... to fund the loan and the
loan is scheduled to close tomorrow, to my knowledge.
Vice Chairman Plummer: Not for this developer?
Commissioner Teele: Huh?
Vice Chairman Plummer: Not for this developer?
Commissioner Teele: For what developer?
Vice Chairman Plummer: The developer that was approved for the additional 30 or 45 days.
Commissioner Teele: Yes, for Mr. Weitzel.
Vice Chairman Plummer: I was scared of that. OK. But is there another CRA meeting? Because his
option ran out, so he has no option at this point.
Commissioner Teele: Commissioner, the lawyers have said repeatedly, and this is Holland and Knight, that
his option may have run out in terms of the amount of time but the CRA should be very careful not to be
arbitrary and they have taken the very strong position to me that I should be very careful about what I say on
the matter, in that there is clearly a good faith effort and when you read the transactions between the Fanny
Mae Foundation and the banks on behalf of the developer, it's very clear that the developer is doing
everything that could be humanly done. I mean, what you have here is a classic case of red lining in the
inner city and the developer's not responsible for that.
Vice Chairman Plummer: That's not the entire ... I'm not going to burden you. I thank you for the
information.
Commissioner Teele: J.L., I don't ... look, J.L., you all selected this guy 10 years ago. I'm just trying to get it
done now.
Vice Chairman Plummer: Hey, all I'm saying is, this developer has not been what he's supposed to. He
keeps coming back for more grants, not loans, more grants. He was given 30 days or 45. At that time, when
that expired, which it did, and he had not commenced to start construction, he agreed to give up, walk out
and give it to the City. Now, I don't understand why we're not exercising that option.
Commissioner Teele: I would recommend, very strongly, that you talk to Holland and Knight but the only
thing that they keep telling me is that this Commission paid two million dollars ($2,000,000) to a developer
because of the same kind of discussion. J.L., it's very, very clear to me that if you have a concern about this,
you ought to talk to Holland and Knight.
The counsel...
Vice Chairman Plummer: I talk to my Chairman.
Commissioner Teele: But J.L., look, I'm coming into this thing nine and a half years later. You know, this
guy's been there for 10 years and they haven't done it and we're trying to...
115 September 8, 1998
Vice Chairman Plummer: My fear is, we're perpetrating an absolute zero and I just think that it's not going
to happen. This man has taken all kinds of money from the City. The last one was what, three hundred and
twenty-six thousand dollars ($326,000)?
Commissioner Teele: Before I got here.
Vice Chairman Plummer: I fully acknowledge that.
Commissioner Teele: He ain't got a dollar since I've been here.
Vice Chairman Plummer: OK. Now, all I'm saying is, this man has not been able to produce. This
company. Let me not make it personal, OK. He was given an option by the CRA. That option ran out. He
fully concurred that he would, in fact, turn it over to the City without any argument, no lawsuits, no nothing,
am I correct? Now, why are we doing any different? And all I'm saying for this one person's vote on that
board, I will not stand still and let him run over this City again as he's done in the past. Thank you. I'm not
going to go anymore.
Commissioner Teele: Well, let's set a meeting, as soon as it's convenient. Mr. Attorney, could you work
with Commissioner Plummer and everybody? Let's set a CRA meeting either ... you know, let's do it on the
14th, Monday, after the Commission meeting.
Vice Chairman Plummer: That's fine with me.
Commissioner Teele: Let's have it right here.
Vice Chairman Plummer: OK, that's fine. Thank you, sir.
Commissioner Teele: Mr. Clerk.
31. RATIFY / APPROVE / CONFIRM CITY MANAGER'S FINDING OF EMERGENCY — WAIVE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS - APPROVE CONTRACT AWARD TO
GOVERNMENT SERVICES GROUP, INC. -- FOR PRINTING, STUFFING AND MAILING OF
FIRST CLASS NOTICES TO CITY PROPERTY OWNERS REGARDING PROPOSED FIRE RESCUE
SPECIAL ASSESSMENTS; ALLOCATE $70,000.00 FROM THE FIRE RESCUE SPECIAL
ASSESSMENT, ACCOUNT CODE NO. 110093.280905.6.270.
Vice Chairman Plummer: OK. Item 32, the City Manager finding an emergency. Competitive sealed bids.
Approving a contract for Government Services Group for the printing, stuffing and mailing of first class
notices for the City of Miami property. I mean, how much is it? Seventy thousand dollars ($70,000).
Mr. Carlos Gimenez (Fire Chief): That's correct, sir.
Vice Chairman Plummer: Seventy thousand dollars ($70,000) for a city that's strapped for money.
Mr. Gimenez: It's not ... ninety thousand parcels and seventy five...
Vice Chairman Plummer: Does it come back out of the money?
Mr. Gimenez: Yes, it does.
Vice Chairman Plummer: OK. Who's moving 32? Hello.
Commissioner Sanchez: So moved.
Vice Chairman Plummer: So moved by Sanchez. Seconded by? Seconded by?
116 September 8, 1998
Commissioner Regalado: I'll second it.
Vice Chairman Plummer: You second it? Second it by Gort. All in favor, say "aye." Opposition?
The Commission (Collectively): Aye.
Vice Chairman Plummer: Show unanimous ballot for the waste of money.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-866
A RESOLUTION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE
VOTE OF THE MEMBERS OF THE CITY COMMISSION,
RATIFYING, APPROVING, AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND
APPROVING A CONTRACT AWARD TO GOVERNMENT
SERVICES GROUP, INC., FOR THE PRINTING, STUFFING AND
MAILING OF FIRST CLASS NOTICES TO CITY OF MIAMI
PROPERTY OWNERS REGARDING THE PROPOSED FIRE
RESCUE SPECIAL ASSESSMENTS, AT A COST NOT TO EXCEED
$70,000; ALLOCATING FUNDS THEREFOR FROM THE FIRE
RESCUE SPECIAL ASSESSMENT, ACCOUNT CODE NO.
110093.280905.6.270.
(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
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Mr. Vilarello: Commissioner?
Vice Chairman Plummer: Yes.
Mr. Vilarello: Thirty-one "A" was not voted on, I don't believe.
Vice Chairman Plummer: Thirty-one "A." Thirty-one "A". If it wasn't ... I thought it was. Thirty-one "A,"
all in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show unanimous ballot.
Vice Chairman Plummer: Thirty-two was the same. Did you record the vote on 32, Mr. Clerk?
117 September 8, 1998
Mr. Foeman: Yes, sir.
Vice Chairman Plummer: You did?
Mr. Foeman: Yes.
32. RATIFY / APPROVE / CONFIRM CITY MANAGER'S FINDING OF EMERGENCY --
AUTHORIZE PURCHASE OF POLICE SERVICE DOGS FROM METRO-DADE K-9 GUARD
DOGS, -- ALLOCATE $13,000 NOT TO EXCEED FROM POLICE GENERAL OPERATING
BUDGET, ACCOUNT CODE NO.001000.2902016.875.
Vice Chairman Plummer: Turn your own microphone on. Thank you. Item 33, 34 and 35 have been
pulled. Thirty-six has been pulled. Thirty-seven has been deferred. We are now on Item 38, buying more
dogs. Boy, we got more dogs than we know what to do with. Thirty-eight is the police dogs.
Mr. Warshaw: This is a ratification of the previous Manager's...
Vice Chairman Plummer: More dogs. More Alpo. More Veterinarian. Who's buying the dogs. Regalado.
Seconded by Sanchez. Are you guys listening?
Commissioner Sanchez: Well, how many dogs do we have already in the City of Miami?
Vice Chairman Plummer: Too damn many.
Captain J. Longueira: We have 16 in the regular K 9. Plus we have three in POPS (Push Out Pushers) and
one in SIS (Special Investigative Session), used to be street narcotics.
Vice Chairman Plummer: Yeah.
Commissioner Sanchez: So second.
Vice Chairman Plummer: And I was going to get one full-time in Coconut Grove and guess what?
Commissioner Gort: For what?
Vice Chairman Plummer: Huh?
Commissioner Gort: What do you want one for?
Vice Chairman Plummer: For narcotics. That's what I wanted it for.
Captain J. Longuiera: The south district is going to be getting one.
Vice Chairman Plummer: Yeah, south district. He's all over everywhere, including the north end when they
call him out. All right. We're buying the dogs. Who made the motion? Regalado. Seconded by Sanchez.
All in favor, say "aye."
The Commission (Collectively): Aye.
118 September 8, 1998
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-867
A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE
VOTE OF THE MEMBERS OF THE CITY COMMISSION,
RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING THAT AN EMERGENCY EXISTED AND
AUTHORIZING THE PURCHASE OF TWO (2) POLICE SERVICE
DOGS FROM METRO-DADE K-9 GUARD DOGS, UTILIZING
MIAMI-DADE COUNTY CONTRACT NO. IB4293-02/02-OTR, IN
AN AMOUNT NOT TO EXCEED $13,000.00; ALLOCATING FUNDS
THEREFOR FROM THE POLICE GENERAL OPERATING
BUDGET, ACCOUNT CODE NO. 001000.290201.6.875; FURTHER,
RATIFYING, APPROVING, AND CONFIRMING THE CITY
MANAGER'S AUTHORIZATION FOR THE ISSUANCE OF AN
EMERGENCY PURCHASE ORDER FOR SAID ACQUISITION.
(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
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
33. APPROVE WITH MODIFICATIONS MIAMARINA AT BAYSIDE ECONOMIC
DEVELOPMENT PLAN - FOR ASSIGNMENT OF °"COMMERCIAL VESSELSLIPS ALONG
-
INTRACOASTAL WATERWAY OF MIAMARINA (ICW SEA WALL.) - PROVIDE RELIEF FOR
BUSINESSES THAT HAVE BEEN THERE TRADITIONALLY -(SLIP No. 1;)
Vice Chairman Plummer: Item 39. The Marina at Bayside Economic Development; the Intracoastal
Waterway known as the ICW Sea Wall. What does this do, Mr. Manager?
Ms. Christina Abrams (Director, Public Facilities): Commissioners, this is Christina Abrams, Director of
Public Facilities. At the last Commission meeting the Administration was developed to hold ... was directed
to hold a public forum in which to develop a business plan for Miamarina, particularly the outside sea wall,
also known as the Intracoastal Waterway. And what we have done is, we've prepared a study that was
presented to the Waterfront Board on August 12th. There was a participation of the Waterfront Board,
Bayside, the International Trade Board, representatives from businesses that are currently in Miamarina, as
well as businesses interested in doing business with Miamarina. From the results of that public forum, is the
plan that you have before you today. We're comfortable that this plan is for the overall best interest of the
Marina and for the budget projections that we have started for our department.
Vice Chairman Plummer: All right. Give us the plan.
Ms. Abrams: OK. The plan will be presented by Steven Bogner. He's the Marina's manager from
Miamarina.
119 September 8, 1998
Vice Chairman Plummer: Could I ask why this was only given to us today, when everything's suppose to be
in our hands five days in advance?
Ms. Abrams: A copy of it is in the agenda package that you all received five days in advance.
Vice Chairman Plummer: OK, thank you.
Ms. Abrams: What we gave you now is a colored version with the pages numbered for reference.
Vice Chairman Plummer: Pretty pictures.
Ms. Abrams: Thank you.
Vice Chairman Plummer: I'm sure...
Commissioner Teele: Is this thing the follov,-up to the dispute between...
Mr. Donald Warshaw (City Manager): Yes, sir.
Commissioner Regalado: Yes, it is.
Mr. Steven Bogner: Good afternoon. My name is Steven Bogner, Marina's Manager for the Department of
Public Facilities. I'd like to identify some key points of the economic development plan that has been passed
out to the Commission. The Miamarina facility dates back over 40 years with its roots as a commercial
fishing center in this area. The facility was reopened to the public in October of 1997, after a lengthy
closure, and now offers a mixed use of 130 slips for pleasure and commercial vessels. Approximately 87 of
these slips have been allocated for pleasure vessels, while the remaining 43 have been allocated as
commercial dockage slips. Current planning provides for utilizing 40 to 45 of these pleasure vessel slips for
permanent annual dockage and utilizing the remainder for overnight, weekly, monthly and seasonal
dockage. Page four of your presentation details the current commercial vessel occupancy at Miamarina.
There are currently 21 commercial vessels licensed atMiamarina. Of these 21, 10 or almost 50 percent are
classified as commercial sightseeing vessels. Currently, overall, the Marina stands at 33 percent occupancy
for its 130 slips. Page five of the presentation summarizes end of fiscal year revenue and expense
projections for Miamarina. Briefly, this department anticipates substantially exceeding this City's budgeted
revenue projections, while substantially under -spending the City's budgeted expense projections. We expect
to achieve a net operating profit of approximately one hundred and seventy-five thousand dollars ($175,000)
for Miami's first year...Miamarina's first year of reopened operations.
Vice Chairman Plummer: You know that's on the record?
Mr. Bogner: I'll stand by it. Future development in and around Miamarina includes the American Airlines
Arena being built next door; the expansion of the 1999 Miami International Boat Show, which will add 110
sailboats as part of its strictly sail show to Miamarina, and the start up of the new 270 foot gaming vessel
next door at Bayfront Park. Additionally, we are working to relocate and bring to the City the world's
largest and most successful sailboat charter fleet. These 20 additional vessels to be berthed atMiamarina
will provide the facility with international exposure and provide the City in excess of one hundred thousand
dollars ($100,000) in additional recurring dockage revenue. Page 10 of the presentation outlines the
commercial vessels seeking to bring their commercial operations to Miamarina and the corresponding
annual recurring revenues. These vessels include a 165 foot luxury mega -yacht; a 350 passenger expressed
ferry from Miamarina to Key West; 135 foot luxury yacht offering comprehensive water sports charters, and
a passenger submarine that would visit and explore the areas underwater reefs and wrecks. The proposed
commercial vessel operations would be complimentary with and not competitive to the existing commercial
businesses at Miamarina. These new businesses are primarily daytime operations and would work closely
with area and regional bus tour operators for their client base. Page seven of the presentation outlines the
criteria for assignment of commercial vessel dockage at City marinas, starting with the guidelines put forth
120 September 8, 1998
in the Miami City Code and continuing through the considerations formulated by this department. City
Code currently prohibits many of the commercial vessel operations outlined in this presentation, accounting
for approximately one hundred and seventy thousand dollars ($170,000) in potential recurring revenues
from doing business with the City due to City/County residency requirements. This department has
proposed legislation that will be presented to you today that will accomplish the following: Remove the
prohibition from non City/County residents from bringing their businesses to the City of Miami; relieve the
City's responsibility...
Vice Chairman Plummer: Woa, woa, woa. Back up on that. Say that again.
Mr. Bogner: Remove the prohibition from non City/County residents from bringing their businesses to the
City of Miami.
Vice Chairman Plummer: Where is that prohibition today?
Mr. Bogner: It's in Section 50 of the City Code, sir.
Vice Chairman Plummer: Relating to the yachts?
Mr. Bogner: Relating to bringing commercial vessels in for long term commercial dockage.
Vice Chairman Plummer: OK. But you didn't say that.
Mr. Bogner: Sorry. Relieve the City's responsibility to judge a commercial dockage applicant's moral
fitness and character; to strengthen this Department's policies and procedures in the assignment of
commercial dockage and the collection of delinquent dockage fees owed to the City, and to allow this
Department to provide the City with an additional one hundred and ninety thousand dollars ($190,000) of
recurring revenue. In summary, the Economic Development Plan submitted will provide the City of Miami
with the following: significant additional revenues; complimentary businesses to existing commercial vessel
operations at Miamarina, and additional economic benefits through the creation of jobs, payment of taxes,
licenses and fees and the purchases of goods and services from local vendors. Thank you.
Vice Chairman Plummer: Tell me about ""La Rumba"." Is it there or is it gone?
Commissioner Sanchez: Still there.
Vice Chairman Plummer: Hello.
Unidentified Speaker: Can I answer about that?
Vice Chairman Plummer: No, I ... do you work for me?
Unidentified Speaker: No, sir.
Vice Chairman Plummer: OK. Then I'll ask my people, why is""La Rumba"" still there?
Ms. Abrams: the City's in litigation with ""La Rumba"." It won a court ruling and now it's under appeal.
Vice Chairman Plummer: And they can stay there as long as they go on an appeal?
Ms. Abrams: Yes.
Mr. Alejandro Vilarello (City Attorney): Actually, I'm not familiar with the litigation.
Ms. Abrams: Yes, they can stay there until appeal.
121 September 8, 1998
Vice Chairman Plummer: In other words, they could stay there for years and years and years?
Ms. Abrams: I don't...
Commissioner Sanchez: As long as they're under appeal, yes.
Vice Chairman Plummer: Huh?
Commissioner Sanchez: Yeah.
Vice Chairman Plummer: That's stupid.
Commissioner Regalado: When do you expect... Christina, when do you expect to sign contract with
Submarine and the Ferry to Key West?
Ms. Abrams: If you approve it, tomorrow.
Commissioner Regalado: OK. When they will be operational?
Ms. Abrams: Forty-five to 60 days. The owner of the operator is here, if you'd like them to speak with you.
Vice Chairman Plummer: OK. You want to hear from these other people first or you want Commission to
ask questions?
Commissioner Gort: I got a question.
Vice Chairman Plummer: Ask your question.
Commissioner Gort: I want to make sure, when we talked about the fulfillment of requirement of
commercial dockage, to comply with requirement set forth in the City Code; mooring agreement marina
facility rules and regulations; a complement that exist and mix the pleasure ... you get together with the Legal
Department and you put a document together that sets standards and that we not deviate from those
standards for anyone and, as long as we do that, we'll never have a problem. But I want to make sure we
have those standards in black and white and that we apply that to everyone.
Mr. Bogner: Sir, currently...
Commissioner Gort: Experience and financial and availability of the businesses. I think the gentleman's got
a lot of experience. He's worked in Marina before. I want him to put that in black and white. And I want
him to work very closely with our Law Department to make sure that the document we put together is
something we could take to court later on. Thank you.
Vice Chairman Plummer: All right. Ma'am, for the record, please state your name and your mailing address
and you have two minutes.
Laurel Isicof£ Laurel Isicoff, Kozak, Trofin and Martin, 200 South Biscayne Boulevard, Miami, 33131. I
represent Bayside Center Limited Partnership, which is the City of Miami tenant that is contiguous to the
Miamarina and we are here today with the assumption that the economic development plan, the portion that
is before the Commission today, is that portion that deals with the outside quay wall orICW. We appeared
before the Waterfront Advisory Board on August 8th and expressed certain concerns with the Economic
Development Plan. We are happy to state that, with respect to the proposals relating to the outside sea wall
and with respect to the proposed ordinances, that the issues regarding risk management and traffic control
that Bayside expressed have been or are being adequately addressed by the City and we're here today to
endorse the proposals that are before the Commission today. Thank you.
Vice Chairman Plummer: For the record, as I read the agenda, that's the only thing that we're here for today
122 September 8, 1998
and that is the ICW. Doesn't include anything inside of the marina at all. Mike, for the record, your name
and mailing address, please. You have two minutes, sir. Restart the clock.
Mr. Michael Dudik: Michael Dudik, 3239 West Trade, Coconut Grove. Resident of City of Miami about 15
years now. I do have to commend the department. They did a great, great presentation. That looks
absolutely incredible on paper. However, you need to go back and look at the history of the marina. What I
have passed out is a history of types of boats that have operated; types of boats that have come to Miamarina
over the last approximately 10 years, and boats that are no longer here because of numerous reasons. A lot
of it being weather conditions; boats running to Key West from Miami to Key West and back; northeasterly
winds is never been taken into consideration in the plans here. A lot of the stuff that they have put in in
respect to their proposals that they're projecting have been tried numerous times, excluding the submarine,
and have never worked in this City. Tour boats offshore have not worked; boats that have cruised the
Bahamas, the Caribbean from Miami; dive boats have not worked; large dinner cruise vessels; the 400, 450
passenger vessels have not worked. You need, in order to make a successful operation, a combination.
Something available both to the public as well as the private sector. Meaning, you have to do the corporate
dinners; you have to do the upscale but you still have to operate according to the public demands, which is
the sightseeing, the brunches, which none of these vessels are offering in their proposal. In short, it's a
recipe for failure. Our big concern is, we've had applications in since January and another person has had
one in since 1993. And, if they're going to change the rules and regulations on these issues, the bottom line
is, those that have applied and have been sitting and waiting, those that are residents of the City, those that
have been trying to build the businesses here for the past 15 years should be grandfathered in and should get
the opportunity to continue and expand their operations.
Vice Chairman Plummer: All right. Let me ask this question, under this, what is proposed here today, does
this accomplish, for you in particular, what you were trying to accomplish before?
Mr. Dudik: Absolutely not, because what they have done is completely taken out the public sector of it.
They do not want to deal with the citizens; in respect, walk on traffic, brunch cruises, dinner cruises open to
the public. You cannot walk up to the boat and buy a ticket and go out for a dinner cruise.
Vice Chairman Plummer: Why? OK. Hold it. Why?
Ms. Abrams: That's not necessarily true. What we're trying to do is, right now the circle, which we call the
circle which is next the Hard Rock Cafe, that's been the site where we've had two sightseeing vessels.
There's currently one there. One evacuated or left. That area's a very congested area. Anybody who's taken
a car there has a very difficult time pulling into the driveway, the valet parking, and into our parking lot
because it's just packed with people. What we're trying to do is have beautiful luxury yachts there that pay
the City high income but don't necessarily have a lot of foot traffic and then encourage the pedestrian traffic
to go into the marina. So, the boats that attract pedestrian, such as the submarine vessel and the other
vessels, will be inside the marina. So, it pulls the people out of the street and puts them in the marina, where
we have a bay walk, where it's not in the street.
Vice Chairman Plummer: Don't you allow ticket sales right up there in the front?
Ms. Abrams: No, we don't.
Vice Chairman Plummer: You don't allow ticket sales up there by where the Bay Blaster and all of those
are?
Ms. Abrams: Oh, is on Bayside's property and that's the Pier 5. What we're talking about is the outside sea
wall, if I can walk over and show you.
Vice Chairman Plummer: I understand the outside sea wall but why ... what would be the congestion
of -didn't you have to buy a ticket to walk on for the "La Rumba"?
Ms. Abrams: Yes. This is where the congestion is. We want
123 September 8, 1998
to pull the people into the marina, where we have a pedestrian walkway. Right here, there's no walkway so
people are literally in the middle of the street and that's where the congestion is at.
Vice Chairman Plummer: And, so, are you saying that you're not going to have anything there?
Ms. Abrams: No. We're going to have ... you see this luxury yacht? We're going to have a couple of luxury
yachts here, which are just going...
Vice Chairman Plummer: Does those luxury yachts bring in the same amount of revenue that Mr. Dudik
would bring ... and here again...
Ms. Abrams: They bring more because they're larger vessels.
Vice Chairman Plummer: OK.
Ms. Abrams: In this way you have a very attractive appearance. You have beautiful yachts and then you
encourage the pedestrian traffic into the marina.
Vice Chairman Plummer: Are they under the same conditions that he would be, like one year, two year,
three year contract?
Ms. Abrams: One year ... well, Mr. Dudik is under a three year agreement because it's the result of a lawsuit.
Vice Chairman Plummer: OK.
Ms. Abrams: The people who are there now will be a one-year, mooring and dockage agreement as
provided in the Code.
Vice Chairman Plummer: OK. Mr. Dudik, you have anything else to say, sir?
Mr. Dudik: Yes. You know, congestion of an area is based on the type of operation you are running. A lot
of you are aware of the type of operation that is being run in the back now and 68 percent of the people that
hang out around there are not going on the boat. It's a want -to -be gang -member hang out spot. And it's a
known factor ... and you can't take and judge that when you put in a vessel that one has just spent about one
point two million dollars ($1,200,000) for. Now, a one point two million dollar ($1,200,000) yacht, ladies
and gentlemen, is not a little sleazy boat and the people that you draw are the very upscale and the people
you are catering to are people that want to go out enjoy themselves.
Vice Chairman Plummer: Somebody else ... wrap it up, please.
Mr. Dudik: Well, briefly wrapping it up. My main concern is, you know, we've applied, we followed every
single rule and regulation set forth by the City Code. We have been stalled, delayed, denied, run around in
circles every possible way. Now, because none of the other vessels can meet those requirements or have
met those requirements or have submitted any applications whatsoever, we are being told we are going to
change the rules set forth by the the Miami Code. Fine and dandy. I feel as though that the ones that have
applied and followed the rules should be grandfathered in and when you change, you're starting a new slate.
Thank you.
Vice Chairman Plummer: All right, sir. You wish to be heard? For the record, your name and mailing
address.
Mr. Don Holcomb: Yes. Don Holcomb, 555 Northeast 15th Street. I am with A Biscayne Cruise Lines.
We are closely connected Celebration and also, we are trying to get slip number one on the outside sea wall.
I did attend the, I believe it was August 12th, the Waterfront Board. I did list my concerns. I thought I was
listened to. I thought I was well heard and I had some things to say and I have never heard back what
happened. I've never heard from a report what happened in that meeting, how it came about. I am an officer
124 September 8, 1998
in that company, along with Miss Teresa Massa, which they request... we've been requested of her tax returns
to —which I think has never been done before to ... find out where exactly she lives. I have been a Miami
resident for 40 years and I am also an officer of that company. What we want to do, I believe, fits in with
their plan and I think it's an excellent plan. Again, it is a million dollar ($1,000,000) boat. It's an upscale
corporate charter boat that will do only public cruises on the weekend. That is, we have to survive. What
we have proposed, we want an up scale brunch for Saturday and Sunday morning. I'm working with several
restaurants to do theme nights. This is only a weekend, would be the only time there would be walk-up
traffic coming to the boat. I wish we didn't have to do it. I wish we could just put corporate charters on the
boat. As it stands right now, we cannot do that and make it work. Again, a number of sightseeing
vessels ... yes, we'll be doing sightseeing trips on the weekends. Yes. Are we a sightseeing vessel? No. And
I heard in the last meeting that there was 10 of these vessels. I think that's a little cloudy because four of
them are owned by one person. So, I don't see the ten there. There might be 10 actual boats but the
companies are involved. There are only three or four. And, again, if they change the rules, if that's what
you elect to do, you are the Commissioners and the Mayor, you can do that. But, again, we have had the
application in since October 8, 1993. I believe we submitted in all the rules. We've stuck with it and all we
want is an opportunity to be grandfathered in and, then, if you want to change the rules, that's your choice.
Thank you.
Vice Chairman Plummer: Thank you, sir. Next? Name, mailing address.
Mr. Eric Kyle: Name is Eric Kyle. I've the Vice President of Silent World Submarines and a resident of
Miami for 20 years and I've had nothing but support from Steve and Miss Abrams since we started working
with them about two months ago. If I may, I'd like to give you some information about our company.
Vice Chairman Plummer: All right, sir. Oh, did that conclude your remarks, sir? Did that conclude your
remarks?
Mr. Kyle: No.
Vice Chairman Plummer: Oh, I'm sorry.
Mr. Kyle: My remark is that, the first time I attended the August 12th meeting, there was a lot of debate
about the outside slips and I just want to say, we're not concerned about that. There's currently 56 tourist
submarines world wide that carried over two million passengers last year; did well over a hundred and fifty
million dollars ($150,000,000) in revenues. And I've contacted all the tour companies here, travel agencies
and they're just overwhelmed and excited for us to be here. And all I'm asking for is support from the City,
that when we do come here, that you give us every viable means to make it operational and make it fun for
everybody and we're not really concerned about what slip we get on the outside because, if you've got good
enough attraction, people will come to you. That's all I really have to say. Thank you.
Vice Chairman Plummer: I agree with you. Thank you, sir. Yes, sir. Name and mailing address.
Mr. Joseph Geller: Yes, sir. My name is Joseph Geller, 7552 West Treasure Drive in North Bay Village.
I'm here today representing the owners of the "La Rumba" boat. Under this ... I'll take that as editorial,
Commissioner. Under this proposal, this attempts to say basically that people who have run the same kind
of operation successfully for about eight years now, as is run on the inside, are not going to be allowed to be
permitted. Now, we don't think that this particular vessel is being treated fairly. Right now it's the only one
on the outside. The report says that vessels operating from the ICW sea wall have a documented record of
failure. Not this one. And we don't think it does anything very different than a lot of the other sightseeing
vessels are doing. The Waterfront Board should have had the opportunity to approve this in detail. My
understanding is, it was presented to the Waterfront Board. They didn't have a quorum. They delegated it.
It should be considered by the entire Waterfront Board. There may be some problems with congestion.
There may be some problems with young people hanging out. Those don't require putting this business out
of business that's operated in the Miamarina, first inside now outside, for about eight years. That can be
controlled by controlling the crowds and controlling access. That problem, which may be a real problem,
can be handled. The owners of this vessel have never been found to have violated any of the City
125 September 8, 1998
ordinances. They've been charged once or twice. None of those have been sustained and the basis of that
appeal is nothing more than the City simply said, you're out and that's the basis the judge ruled on. Whether
or not there's a real walk-up traffic for four -day cruises is pretty open to question. I mean, any cruise vessel
operating out of the port can tell you that they need some time before people... people walking through
Bayside don't just say, I'm going to hop on and take a four -day cruise to Key West.
Vice Chairman Plummer: Wrap it up, please, sir.
Mr. Geller: Yes, sir. The most important thing is, you have a responsibility, of course, to maximize income
and I'll point out that the figures that are being quoted here ... for instance, "Aqua Azure," at 9.30 per
foot ... this vessel that you've got out there now is paying double that, almost twenty dollars ($20) per foot.
And it may be true that a larger vessel provides more income because it's a bigger vessel but it's half the
income per foot and you've only got a certain number of feet of dock space. These people pay close to
twenty dollars ($20) a foot. And for the outside wall, you're looking at anywhere from 9.30...some of
these ... most of these are at 9.30. A couple at 15. We urge you to —this is probably not the best decision. It
hasn't been studied fully by the Waterfront Board or by this Commission. You should consider seriously
deferring this and getting a better staff report and having some of the incomes of existing businesses that
have been there for a long time and maybe the idea of keeping the current fitness standards that people
demonstrate that they're worthy tenants of this City is not a bad idea. We urge you to consider deferring this
issue.
Vice Chairman Plummer: Christina, is that a correct statement? Is, in fact, the other boats presently paying
double what you're now proposing for the yacht?
Ms. Abrams: No. The rate per foot is double. The total payment to the City is not double. And it's based
on the size per foot.
Vice Chairman Plummer: Is, in fact, the payment to the City in total more than the twenty dollars ($20) a
square foot ... per foot?
Ms. Abrams: The total that we're proposing to receive from the plan that we have is more than what is
currently being paid for there or what is being proposed. This is the highest revenue source that the City's
been able to obtain.
Vice Chairman Plummer: Well ... OK. I ... you know, it just seems like to me that the boats that you want to
attract and have all of the glitter and all of the noise and all of that should be on the outside. It's nice to have
beautiful vessels there to look at but ... I don't know. All right, you're out, sir. Mr. BoomBoom.
Mr. Manuel Gonzalez-Goenaga: Well, the way this is going, my friend...
Vice Chairman Plummer: We're going to find out how they do it in Puerto Rico.
Mr. Goenaga: The way these things are going and based on past experience of this administration in the
rental and development, let's face it, which is zero or below zero. I rather be in the submarine and let's stop
the "Rumba." Let's add Salsa, Mambo and Aleya, Aleya, Aleya.
Vice Chairman Plummer: Where's the man with the submarine? Can I make a deal with you, sir?
Mr. Bogner: Yes.
Vice Chairman Plummer: You have any second guesses what it might be?
Mr. Goenaga: So this needs more study. I don't think that you guys, from the perspective I see on your
face, understand what's going on. Don't rely in management. We have made big errors doing that. So, stop,
think, think and think.
Vice Chairman Plummer: Thank you. Mr. King.
126 September 8, 1998
Mr. Goenaga: And don't listen to me.
Mr. Jack King: My name is Jack King. I live at 3549 Loquat Avenue. I am a member of the Waterfront
Advisory Board and on the August meeting, you all were correct, we did not have a quorum but we did
review the information that was given to us. And the Chairman of the Waterfront Advisory Board, Dick
Bunnell, asked me to come and report our feelings or findings that we thought at this particular time, all
right. Miamarina is not a normal marina. There's no question about it. No one would ever build anything
like that. No one would ever pay fifteen million dollars ($15,000,000) to have it built like that, all right. It's
been a mistake for a long time.
Vice Chairman Plummer: Nor five million to rebuild it.
Mr. King: Or five million to rebuild it, yes. It's been a problem. It is in a very unique location. It has
almost no up land ingress/egress. It's got one small road to get there. You can't use it like a normal marina
and that's one of the reasons that it has failed miserably as a marina over the years. When ChristinaAbrams
and her staff brought us this proposal, it was the first time that I think that the Waterfront Advisory Board
had ever seen a new look, a new direction in trying something different, all right. I do not personally believe
that all of these little things will work, but I believe that Christina and StevenBogner have the capability of
shifting gears when they have to. I think that they should have the responsibility of making the decisions for
them. I don't think that the City Commission should micro manage them. As a matter of fact, in your own
City Code, it says berths, stocks, mooring and anchorages will be assigned only by the City Manager or his
duly authorized representative.
Vice Chairman Plummer: As policy set by this Commission.
Mr. King: That's true. But let them ... J.L., let them run the operation. I think that they can do a good job.
Christina has shown ... with the other operations, she's done a good job. Steven Bogner is probably the
first ... I'll get in trouble with this. The first professional marina manager that we've had in the City of Miami,
at least in a long time. They have done an excellent job up to this point. I don't think that, you know,
playing with this back and forth and pushing it around is going to make a lot of difference. It's going to
cause a lot of problems. Let them operate it. They are the professionals. If they don't operate it, fire them.
Fire the Manager. Get someone else who can do it, all right. Exactly. And that's how it should operate.
Please...
Vice Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Mr. Vice Chair, there's no dispute that Bayside has lost its charm, sort of, and this
would be a step in the right direction and give it a new look, rebirth to it. I was very impressed with the plan
and I support it, so let's go with it.
Vice Chairman Plummer: Any other discussion?
Mr. King: I could tell you, Mr. Vice Chairman, that the members of the Waterfront Advisory Board that
were there were unanimous in their support for this proposal.
Commissioner Regalado: I just hope that, if we approve this one and that ... first of all, that we do get results.
We only have a 30 percent capacity now in Bayside. We have about 130 and we have so many empty slips.
I would hope that the administration will work with Bayside in order to do some promotions. I think that,
you know, restaurants in the Grove, in the Gables, in Coral Way, they offer valet parking. Well, it's about
time that we offer discounts and promotions to boats during the weekend for Bayside. I mean, we have a
hundred empty slips right now there and it's really sad that we cannot fill that because, not only it's not good,
but it doesn't look good if they're empty. So, I would hope that the people from Bayside would work with
the administration to ... and the administration will have the wisdom to work with them and offer some
programs to bring people into Bayside.
127 September 8, 1998
Vice Chairman Plummer: OK. Further discussion? My only problem is ... and I guess I'm going to get
personal. You know, Mr. Dudik has been a good citizen in this City. Some people don't think so but let me
tell you, I know differently because I've had groups that I've taken to him and he has worked with this City
over the years. I got to tell you something. I think the man's been had. I'm going to be honest with you. I
think he's been had. He's been promised. He's been everything that you can think of. I don't think there's
any question, that in past years, they've played politics with him. I think they've playedhanky panky with
him and I hate to see the man, once again, get taken for a ride. You know, if you stop and think of nothing
more than what we did and made him do to get inside over all of the objections and all of the problems that
came about to get him a slip inside, after he had been promised for years, he's the only one that had to go
through that arduous process that you put him through and now, once again, to deny him, I think is wrong. I
just really think it's wrong. You know, it's a nice thing to think that we're going to have pretty boats out
there. Is that really what Miamarina is about? I mean, really. That's my opinion. You know, I'm here to
protect the City and get as much revenue as we can. We've talked about the huge large yachts going to be
over on Watson Island eventually, you know, and all of that. And I just really...I just don't see the interest of
fairness here. That's my problem that I really have, the interest of fairness. You know, you want to put out
there ... and I'm assuming, when you putting private vessels out there, that's all they're going to be, is private.
They're not going to be for charter. They're not going to be for anything but private vehicle... private vessels.
Mr. King: No, that's not correct, Commissioner.
Vice Chairman Plummer: What?
Mr. King: That's not correct. If you look in the proposal, most all of them are for charter. One of the things
that you have to understand about Bayside or Miamarina, as we all know it, is that years ago, when I first
came to Miami, Pier 5 was a great place to go fishing. The world has changed there and it's changed
dramatically over the years. It is a tourist attraction now. There's no question about it.
Vice Chairman Plummer: All right. So, Christine...
Mr. King: And if you look ... look at the Pier 5 boatman. I mean, look at the boats that have changed there.
Vice Chairman Plummer: Christine, what you're telling me is ... you know, because I've got to do what's best
for the City.
Mayor Carollo: Excuse me, J.L. I'm confused. Who are you representing, Jack?
Mr. King: Waterfront Advisory Board.
Mayor Carollo: Oh, OK. All right. We don't get to charge you the five hundred dollars ($500).
Vice Chairman Plummer: Christine... six hundred. You're telling me that, in your opinion, that what you're
doing here is going to financially be better for the City of Miami than having what we knew, which I thought
was ... what I refer to as attraction. Not you, sir. So, you and I have a problem with "La Rumba", all right
and that's not in the cards. But I just thought that —you know, it's the kind of a thing..Bayside, to me, is the
kind of sparkle. It's flamboyant kind of a thing and when you put in there four -day charter boats, you know,
it's a pretty boat to look at if they're there. If they're there. But when they go out for four days, you know,
and they come back for half a day and they're gone for another four days, I realize we're still collecting the
rent but there ain't nothing to look at. So, hey, I've got to look and protect the City and if you're telling me
that that's the best for the City, then I've got to go along with it. I'm sorry. Mike, you've been had again.
Mr. Dudik: Yeah. I just want to comment. You know, they're putting in charter boats or requesting to put
in charter boats only for private charters. This is what we do. We deal with the AT&Ts. We deal with the
Bell. We deal with the Wackenhuts. We've got a list of Fortune 500 and I think 95 percent of the people
have known me over the last 10 years have dinner cruises in this city. We are probably the foremost
operator of dinner cruises in the City of Miami but in order to make a successful operation, you still need to
have the walk-up traffic on the weekends in your off seasons, when everybody's on vacation, when they're
128 September 8, 1998
not doing conventions and they're not doing the corporate games or the social events with weddings. You
have to have that weekend traffic to fill the gap to pay the bills. That is why these vessels that have come
and gone from the City of Miami cannot succeed and cannot operate here because they are not a variety and
cannot make it without having both sides of it.
Vice Chairman Plummer: All right. I'm closing the public hearing at this time. Discussion?
Commissioner Gort: The staff...
Vice Chairman Plummer: Staff has already made their recommendation.
Mr. Bogner: I just wanted to provide a brief response. On the weekends, that particular area in front of the
Hard Rock Cafe is congested with well over 150 to 200 people, which, in my opinion, provides for an
unsafe and discouraging situation for Miamarina customers to come in and out of the facility.
Vice Chairman Plummer: I wish they worried about us as much as we worry about them.
Mr. Geller: Commissioner, if I could have a word as well?
Vice Chairman Plummer: I close...
Commissioner Gort: I have a question.
Vice Chairman Plummer: All right. Wait a minute. Mr. Geller.
Mr. Geller: Yes, sir. Just on the numbers, which I know you're concerned with, you got 165 foot vessel at
9.30 a foot, it's fifteen hundred and thirty-five dollars ($1535) a month. You have two 65 foot vessels, my
client's and Mr. Dudik's. They're paying close to twenty dollars ($20) a foot. That 130 feet that they take
up, with a little bit more between them, not 165, and it's twenty-four hundred and fifty dollars ($2450) a
month, not fifteen hundred and thirty-five.
Vice Chairman Plummer: Mr. Geller, this is first reading. I would appreciate that you do whatever analysis
that you want and get it to us prior to the second reading, all right? I'm closing the public discussion at this
time.
Alejandro Vilarello (City Attorney): It's a resolution.
Vice Chairman Plummer: I'm sorry. Oh, it's a resolution.
Commissioner Teele: This is the final show.
Vice Chairman Plummer: I'm sorry. I thought it was an ordinance. All right. Public hearing is closed.
Commission discussion. Mr. Gort.
Commissioner Gort: My understanding is, you're going to be setting up certain criteria, certain guidelines
that this individual promoters qualified for that, they'll be able to get the slip. Am I understanding correct?
Mr. Donald Warshaw (City Manager): Yes, that's correct.
Commissioner Gort: All right. Thank you.
Vice Chairman Plummer: Any further discussion? Hearing none, the floor is open for a motion. Hello?
The floor is open for a motion.
Commissioner Gort: What we requested the last time we were here, for them to come back with the
proposal. I think they worked on it. We got... Management's been in the business for a long time.
129 September 8, 1998
Vice Chairman Plummer: Is that a motion?
Commissioner Gort: So, I move for approval.
Vice Chairman Plummer: Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Plummer: There is a second. Any further discussion? Call the roll.
Thereupon motion by Commissioner Gort and seconded by Commissioner Sanchez, the hereinabove motion
failed by the following vote.
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
NAYS: Vice Chairman J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
ABSENT: None.
[NOTE FOR THE RECORD: COMMENTS MADE DURING ROLL CALL]
Commissioner Teele: I'm not comfortable with this. I'm concerned about what Commissioner Plummer
says, particularly. If we approve this, Mr. Attorney, how do we provide for relief to the persons that
Commissioner Plummer said that he felt hadn't been treated fairly?
Mr. Vilarello: The procedure... there is no procedure currently in place, nor would there be under this plan,
as I understand it.
Vice Chairman Plummer: Excuse me.
Mr. Vilarello: They can always come before the City Commission to articulate why they feel they've been
treated unfairly.
Vice Chairman Plummer: We can modify what's here right now, am I correct or wrong?
Mr. Vilarello: Certainly.
Vice Chairman Plummer: My vote's going to be negative and that's the reason why. Now, you modify this
thing and then my vote would change but that's ... I'm sorry, Mr. Teele.
Commissioner Teele: Well, by you're giving me the kind of direction that I need, Commissioner, because...I
mean, longevity has a lot of disadvantages but it also has a lot of advantages. And, Commissioner, if you
have been here and you don't feel that ... I mean, you feel that these people are ... the concerned party has really
been a good corporate citizen and has done a lot of the things that this community needs and we've not been
able to find a redress, I don't want to slam the door on their face. So, I'm going to vote in the negative with
the assumption that, if there are three people that feel that way, the matter would be deferred and sent back
for some amendments to try to accommodate more of these parties that have been here traditionally and to
give some preference to those persons that have been paying the bills for some time. But it depends on what
Commissioner Regalado wants to do, I guess. I vote no.
Vice Chairman Plummer: I think that's fair.
130 September 8, 1998
Mr. Foeman: Continuing roll call.
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Well, I am on the same line. I think that it's a good plan. I think that we can bring
some new people but I think that people should not be wronged by this City, so I also vote no unless they
bring some resolution.
Vice Chairman Plummer: My vote will be the same. So ... and then I'll ... all right. So, the motion...
COMMENTS MADE AFTER ROLL CALL:
Commissioner Teele: I would move that the matter be deferred and brought back in the first meeting in
October with the staff instructed to work to accommodate those businesses that have been here traditionally,
if possible, within the plan and to come back within 30 days.
Vice Chairman Plummer: Is there a second?
Ms. Abrams: May I address the Commission?
Vice Chairman Plummer: Wait a minute. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Plummer: Seconded by Regalado. All right. Christina.
Ms. Abrams: This is the plan we have. We have these tenants ready to sign up tomorrow. They're ready to
bring in a boat. I'd like to point out, Mr. Dudik announced to the Waterfront Board that he does not have a
boat. So, if you're postponing this business plan to accommodate Mr. Dudik, he doesn't have a boat today.
Vice Chairman Plummer: Then he can sign a lease until tomorrow and he can pay the rent on the lease and
if he doesn't, he's out of the question. Amen.
Commissioner Teele: But see, what I don't ... see, what ... you know, that's what bothers me. How do my
constituents know about all these deals that are down here? I mean, it seems to me like ... has there been a
bid? Has there been...
Ms. Abrams: We advertised the availability of the slips and we've received numerous responses.
Commissioner Teele: But I thought we were just doing the plan. I thought...
Ms. Abrams: We are. Let me explain.
Commissioner Teele: No, no. Please don't explain this. I thought we sent this back for a comprehensive
plan and then we said a month ago, once we did the plan, we would go out with notices and we would invite
people to bid. Now, if what we're getting ready to do now is approve a plan based upon whose got bids in, it
seems to me like a whole lot of folks are going to get locked out the door. I mean, there ought to be some
logical steps. We do a plan, then we go out and say, on a first come/first serve basis, everybody who can fit
within the plan... but it seems to me like everybody that's in the deal's in the deal and you got people you
want to sign up tomorrow.
Mr. Warshaw: Commissioner, with all due respect, you asked the administration to develop
comprehensive business plan, and I commend Christina Abrams and Steven Bogner for doing that.
Vice Chairman Plummer: Did a good job.
131 September 8, 1998
Mr. Warshaw: Now...
Vice Chairman Plummer: We don't agree.
Mr. Warshaw: I understand that. And part of what you also asked me to do is aggressively and quickly find
additional recurring revenues for the City. Now, I don't know Mr. Dudik. I don't know any of the boat
owners. I have no agenda as to who gets which...
Commissioner Teele: Then why have a plan? I mean, if every ... look, I represent a district that is Overtown,
Little Haiti and Model Cities, OK. Now, the only way they're going to know, any one in those areas ... and
they may or may not be able to qualify, but the same is true here. The whole idea here, Mr. Manager, is that
we need a process that's fair and we can't have a process that's fair if everybody's already lined up. I mean,
we haven't even approved a plan yet.
Mr. Warshaw: I respectfully disagree that, in my three months as Manager, I have not seen a more fair
process. We did exactly what was asked of us and came up with a comprehensive plan...
Vice Chairman Plummer: And Mr. Manager?
Mr. Warshaw: ...to develop a mixed use for Miamarina.
Ms. Abrams: We advertised...
Vice Chairman Plummer: Mr. Manager, we have a right to disagree and we disagreed by three votes.
Now...
Mr. Warshaw: And I accept that.
Commissioner Sanchez: Mr. Vice Chair.
Vice Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Christina, you brought out an accusation. You said that he does not own a boat?
Ms. Abrams: Mr. Dudik told the Waterfront Board that this boat that he has spoken about, the Friendship,
that he had it signed up and was ready to bring it. Well, he told the Waterfront Board he doesn't have the
boat yet.
Vice Chairman Plummer: Well, I can...
Ms. Abrams: And if I can add, that the meeting was...
Vice Chairman Plummer: I can modify that for you real quick like for you, OK. Mr. Dudik or anyone else
has 10 days in which to sign a lease with the City of Miami. If they don't...
Ms. Abrams: And bring a boat.
Vice Chairman Plummer: At least they had the right of refusal, all right. Let me tell you something, I have
had a gaming boat at Bayfront Park, October 1 will be one year, and they have never brought a boat but they
paid the rent, OK.
Commissioner Gort: Who got the money?
Vice Chairman Plummer: The shekels are in the bank.
132 September 8, 1998
Ms. Abrams: But we weren't...
Mr. Dudik: You know, gentlemen, can I comment, please?
Vice Chairman Plummer: Wait, wait, wait.
Commissioner Sanchez: Wait a minute. Wait a minute. He's got ten...
Vice Chairman Plummer: I have closed the public hearing. It is now discussion only among the
Commission and only outside of the Commission, if requested by a Commissioner. Mr. Sanchez has the
floor.
Commissioner Sanchez: Do you have a boat?
Mr. Dudik: We brought a boat to this city October...
Commissioner Sanchez: No, no, that's not my question. Do you own a boat and you could have ... you have
the papers to show you own the boat.
Mr. Dudik: I have two vessels, yes. I own two vessels.
Ms. Abrams: That's not the question.
Commissioner Sanchez: OK. Wait a minute. Ten days is fine or whatever, five days, to show proof that he
does ... because she's making an allegation that he does not have a boat.
Mr. Dudik: Can I make the full statement, please?
Commissioner Sanchez: Sure.
Mr. Dudik: We brought a boat here in October 8, 1997.
Vice Chairman Plummer: No, no, no. No, no. Mr. Dudik...
Mr. Dudik: Went through every regulation.
Vice Chairman Plummer: Excuse me. We are going to run this show the way it's supposed to be or
somebody else can be the Vice Chairman. He asked you a simple question, sir, and it should respond with a
simple answer. If he wants to go and expand upon the answer ... the question, he will ask it. Now, the
question was, do you own a boat? Your answer is, you own two. That's should suffice. Now, Mr. Sanchez,
you still have the floor, sir.
Commissioner Sanchez: To clarify it, I would like to see proof of ownership, that he has a boat and he could
park that boat there. Because he's holding this project ... if he's got a boat, hey, I'm for him parking the boat
there, but he's got to show proof that he has a boat. I mean, we're making an argument... we're spending
hours here and he may not have a boat.
Vice Chairman Plummer: That's simple enough to determine.
Commissioner Gort: Excuse me.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: My understanding and I asked the question before, once again, if this was adopted by
us, any one that meets this criteria can come in and take it.
133 September 8, 1998
Ms. Abrams: True now, but we're...
Commissioner Gort: They have to meet certain... excuse me.
Ms. Abrams: Yes.
Commissioner Gort: Let me finish. To meet those criteria. At the same time, we have another one, which
is the other ordinance that we want to amend, which will allow anyone who's not a resident within the City
of Miami, that can bring a commercial vessel into the marina. Now, my understanding is, if...we might deny
this one but if we approve the second one, anyone can come in and apply for a license also or a permit, am I
correct?
Vice Chairman Plummer: If it is adopted as it is there. My amendment to that second resolution with City
people having priority, first priority.
Commissioner Gort: By all means.
Vice Chairman Plummer: OK. In other words, if there's two people standing in line for one slip and is both
equal, the person of the local is going to get first choice.
Ms. Abrams: But understand that our business fund...
Commissioner Gort: You said it, both equal.
Ms. Abrams: But understand that our business fund...
Commissioner Gort: That's why I said from the beginning, set I criteria, set guidelines. Both things being
equal, we'll go for the City.
Vice Chairman Plummer: All right.
Commissioner Gort: But they both have to be equal.
Vice Chairman Plummer: I think that we have a motion on the floor. We've had more discussion than
necessary. The motion on the floor is to go back and to redo the plan, giving priority to those people who
have long standing and are present tenants, coming back to this Commission prior to October the 1 st. That
was moved by Commissioner Teele...
Commissioner Teele: I moved that but with what you said ... but with dollars being the premium.
Vice Chairman Plummer: Absolutely.
Commissioner Teele: In other words, long standing is the tie breaker...
Vice Chairman Plummer: Equal protection.
Commissioner Teele: Equal protection. But dollars are the first priority.
Vice Chairman Plummer: OK.
Ms. Abrams: May I ask the Commission for clarification? The point of contention here is one slip. Could
we proceed with the plans for all the other slips so that we could start signing people up? And this one slip...
Mr. Warshaw: And if we don't, we could potentially lose this money if these leases are not signed for these
slips.
134 September 8, 1998
Commissioner Regalado: Yeah, you can do that.
Ms. Abrams: And then just bid out this one slip.
Mr. Dudik: I have absolutely no problem with that.
Vice Chairman Plummer: OK.
Mr. Dudik: My concern is slip number one, which caters to both, but the other slips, no problem.
Ms. Abrams: That's all he wants.
Vice Chairman Plummer: Excuse me. Mr. Dudik, sir, you're out of order. You may or may not get slip
number one. That will be decided by this Commission, all right. Is there any further discussion?
Commissioner Teele: Mr. Chairman?
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: I would amend the motion that I've made consistent with the Management request.
Commissioner Regalado: Right.
Commissioner Teele: And that is to go back and study on this slip, number one, giving preference to people
that have been doing business, been paying taxes, been a good corporate citizen, with the preference being
for the people who pay the most money first and then relatively equal the long standing business, with the
remainder of the plan to be approved.
Vice Chairman Plummer: Call the roll.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-868
A RESOLUTION, WITH ATTACHMENT, ACCEPTING AND
ADOPTING THE CITY OF MIAMI, MIAMARINA AT BAYSIDE
ECONOMIC DEVELOPMENT PLAN, ATTACHED HERETO AND
MADE A PART HEREOF, FOR THE ASSIGNMENT OF
COMMERCIAL VESSEL SLIPS ALONG THE INTER -COASTAL
WATERWAY OF MIAMARINA, KNOWN AS THE ICW SEA
WALL.
(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.
135 September 8, 1998
Vice Chairman Plummer: The City Attorney has advised me, Mr. Manager, that we should immediately
proceed to the budget hearings, starting...
Commissioner Teele: Mr. Chairman?
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, I fully agree. I do think that the Manager and his team should be
given commendations for working on this plan. I mean, I realize that it may not look like we appreciate it,
Mr. Manager, but we do appreciate the hard work and I do think that you've come a long way and it's a very
professional report. Thank you.
Mr. Warshaw: Thank you.
34.FIRST PUBLIC HEARING TO DISCUSS FISCAL YEAR 99 TENTATIVE BUDGET - 'SEE
LABEL 44.
Vice Chairman Plummer: All right. We're ready now, Mr. Budget Director, Mr. City Manager. All right.
Commissioner Regalado: One second. Mr. Vice Chairman?
Vice Chairman Plummer: You're out. Come back after we've ... if you have a question, come back after
budget hearing.
Ms. Abrams: It's an accompanying item. If we could bring it up...
Commissioner Sanchez: J.L.?
Vice Chairman Plummer: Come back after budget hearing. All right.
Commissioner Regalado: Mr. Vice Chairman?
Vice Chairman Plummer: Yes, sir.
Commissioner Regalado: We have still several issues. This will be the deferred to the next regular
meeting?
Commissioner Teele: No, we're going to take that up tonight.
Vice Chairman Plummer: No, sir.
Commissioner Gort: We'll take them after the budget hearing.
Vice Chairman Plummer: Hopefully, budget is going to be short, brief and painful.
Commissioner Teele: We're going to do everything on...
Commissioner Sanchez: J.L., I have one item I want to defer and it's...
Vice Chairman Plummer: No, sir. The City Attorney has advised me to go to budget.
Commissioner Sanchez: This lady's been here all day. She's going to be here for another three hours?
Vice Chairman Plummer: Sir, I am telling you what the City Attorney told me. Now, you want to argue
about what is the State Statute, I'm telling you, I'm going by what the City Attorney told me.
136 September 8, 1998
Commissioner Sanchez: City Attorney, can I...
Vice Chairman Plummer: If we quit talking, we might be finished in 15 or 20 minutes. Go to budget. Mr.
City Manager.
Commissioner Sanchez: Hey, what are you monopolizing this place or what?
Vice Chairman Plummer: Tell the City Attorney. I told you, you want to argue with a man...
Commissioner Sanchez: This lady's been here all day.
Vice Chairman Plummer: That's fine. So have I.
Commissioner Teele: Don't let the Mayor ... don't let the Mayor get you all —see, now the Mayor ... U., the
Mayor's getting him going.
Mayor Carollo: Twice in a row he's got...
Vice Chairman Plummer: Mr. Manager, proceed.
Commissioner Sanchez: How come you guys are always picking on me? I'm the new kid on the block.
Mr. Dipak Parekh: Mr. Mayor, members of the Commission, I would like to introduce Item 49, which deals
with the millage. Basically, there are four parts to this particular item. Item A, percentage increase in
millage over roll back rate. Response, eight and fifty-two one hundredths of one percent, which is eight
point five two percent. Item B, specific purpose for which ad valorem tax revenues are being increased
Response, to eliminate the annual structural deficit, matching recurring annual expenses with annual
recurring revenues. Purpose: To fund annual municipal service, including but not limited to Police, Fire and
Solid Waste. Cost: Nine point three five one million or one hundred percent. Item C, City Commission
listens and responds to citizens' comments regarding the proposed millage increase and explains the reason
for the increase and the roll back rate.
Vice Chairman Plummer: How many people wish to be heard? One, two, three, four, five, six, all right.
Seven. I would ask you please to come up, give your name to the City Clerk. I will start off with Boom
Boom, since I wish to God I didn't know his name. Each person has two minutes to discuss the issues of the
budget on Item 49. Mr. Boom Boom.
Mr. Goenaga: Thank you very much for allowing me to speak in an exercise in futility meeting. Based on
the fact that I heard Mr. Regalado the other day in the news ... in one of the radio programs, where politics is
conducted here more than at City Hall, and he said that he received ... and the letter was read ... that we do not
have any alternative whatsoever. Either we take it or the Governor will take care of the city. Regarding
budgeting... and I am a fool, just like a bunch of fools of all the citizens and I have to admit that I am a fool.
And when I say budgeting ... and I have said it here many, many times and nobody paid me attention.
Budgeting, in government, is the art practiced by bureaucratic magicians and this is what we have had here
for years and years and years. Even a fool can balance a budget on paper. I love to see the real figures that
will end up in September of 1998 because our crazy ex -Mayor goes to all these radio stations saying that
there are a hundred and sixty or fifty million dollars ready to be stolen. I can't believe this. I don't know
whom to believe and I don't believe Suarez because I had him here eight years and I can say a lot of bad
things about him.
Commissioner Teele: All right. Next speaker, please.
Mr. Goenaga: May I continue?
Commissioner Teele: No, your time is up.
137 September 8, 1998
Mr. Goenaga: Fait accmpli. Well, good luck, babies.
Commissioner Teele: Thank you.
Mr. Goenaga: And enjoy the good salaries. And I am not against the increase in salaries, provided you guys
are paid in Cuban pesos.
Mr. Daniel Ricker: Daniel Ricker, 4302 Ingram Highway. That's a tough act to follow. However, the
concept and spirit of being able to talk in public is what makes America great. In the last six months has
probably been one of the greatest examples of a Civic's class that I've seen in a long time. Dade County has
247 people a day coming in here. Everyone knows that the City of Miami, with a third of its population
probably below the poverty line, faces some unique challenges. What you're doing today, as far as
generating more recurring income, is absolutely a positive step. I know it's going to be painful but it should
have been obvious about three, four months ago because debt was not going to go away. What I'd like to
ask is, what is the City of Miami doing, using the technology that's become available to the business sector,
et cetera, to achieve more efficiency and a higher level of services rather than just, as in coming to the
meeting last few weeks, a general feeling of we're lucky to be surviving. You know, we're not on ... we can
make this work but we also have to look at the technologies that are merging, that are changing in the
industry night and day and how do we apply it to the civic and to the municipal level? Thank you very
much.
Commissioner Teele: All right. And, Mr. Manager, I'm going to ask that you respond to the gentleman's
concern about what we're doing regarding technology at some point during the evening. Thank you. Thank
you, ma'am.
Ms. Martha Augenstein: My name is Martha Augenstein. I live at 2463 Southwest 13th Street, 33145.
When I learned through the news medium that the financial problems in the City of Miami were due to
corruption or incompetence among elected officials, I felt betrayed, as I am sure other citizens do. I have
often wondered why the property tax goes up each year and why other fines are increased and added? I
think, after last year, I'm beginning to understand. The first qualities public officials must possess are
honesty and integrity. If they do not possess these qualities, the citizens are bound to suffer injustices.
Injustice demands restitution. Citizens do not owe a sent in pensions or entitlements to public officials who
have squandered public funds through ignorance or thievery. In fact, steps should be taken to get back the
stolen and squandered money. Tell me of one company who pensions an employee who has embezzled,
obstructed justice or stolen from the company? To do this is ludicrous. If certain groups in the City of
Miami have erroneously or public officials have erroneously or ignorantly looked the other way in order to
allow the guilty public officials to collect a pension or not to repay what has been stolen, then other
individuals or groups who are more conscious of what is right and wrong should be ... should correct this
decision. After all, if men make a wrong decision, other men can correct the decision. The citizenry of
Miami do not need more injustice. Surely, we do not ... have not come to rewarding evil conduct. Remember
to be forgiven, the thief must repent and repay. Thank you.
Vice Chairman Plummer: Thank you, ma'am. The next speaker is Daniel ... Daniel Ricker is the next
speaker.
Mr. Ricker: I've spoken.
Vice Chairman Plummer: You've already spoken. All right. Ofelia De Bruzos, am I can close?
Ms. Ofelia De Bruzos: Yes.
Vice Chairman Plummer: All right.
Ms. De Bruzos: My name is Ofelia...
138 September 8, 1998
Vice Chairman Plummer: You have two minutes, ma'am. Your name and address, please, for the record.
Ms. De Bruzos: My name is Ofelia De Bruzos. My address is 2936 Southwest 16th Terrace. I'm not
agreed with the increase of that taxes because we are all citizen, American citizens, and this is not fair that
we have to pay for the corruption in the Florida... in the City of Miami. This is not fair. Completely not fair.
That's it.
Vice Chairman Plummer: Thank you, ma'am. The next speaker isNellie Coto, who lives in Coral Gables.
Ms. Nellie Coto: Yes. And I have property in Little Havana and I'm ... for that, I'm here. Because the taxes
in that area are really going up. For the last three years ... I have had the property for four years only. For the
Last three years, I paid a lawyer to try to lower the taxes and I turn around and somebody made a mistake
and I have to pay five, six hundred dollars more in taxes and I think it's very, very unfair. Because I have to
raise the rent for these people, fifty dollars ($50) and they cannot afford it. It's a very poor area. And I don't
have to pay for the mistakes of other people in the government. Corruption should be paid its share in jail or
somewhere else, not with the citizens.
Vice Chairman Plummer: Thank you, ma'am.
Ms. Coto: Thank you.
Vice Chairman Plummer: I can't make the first name but it looks like Fernandez?
Ms. Miriam Fernandez: Miriam.
Vice Chairman Plummer: Miriam Fernandez.
Ms. Fernandez: I think all of you know Miriam Fernandez.
Vice Chairman Plummer: All right. Miriam Fernandez, who we all know, your address for the record,
please.
Ms. Fernandez: 5873 Southwest 4th Street.
Vice Chairman Plummer: You have two minutes, ma'am.
Ms. Fernandez: Take a look at me, all of you. Not one answer my letter but one and I'm wondering why.
Two questions: What is the City doing to accumulate more taxes without taking more money from the
citizens of Miami? That's number one. Number 2, what are the Commissioners doing about the jail bird
Odio's pension of fifty-eight thousand dollars ($58,000) a year while he's in jail? Am I suppose to pay for
him, while he is in jail, out of my money?
Vice Chairman Plummer: There's two questions. You want to answer them briefly?
Commissioner Gort: We're going to answer them at the end.
Vice Chairman Plummer: All right. We'll answer them at the end, ma'am. That was the ... all right.
Contreras, Carmen?
Ms. Carmen Contreras: That's right.
Vice Chairman Plummer: What's the last name?
Ms. Contreras: Contreras.
Vice Chairman Plummer: I was close.
139 September 8, 1998
Ms. Contreras: Almost.
Vice Chairman Plummer: For you ... your address for the record, please, ma'am.
Ms. Contreras: OK. My name is Carmen Contreras and I live at 460 and 480. 1 have a duplex at that
location. I've lived there for 31 years. Now, I've seen how the taxes have increased, when I moved there 30
years ago, was eighty-five dollars ($85) for each unit of the duplex. Now, it's unbelievable and I'm very
happy to see all these citizens come up here and protest for the increase in taxes. We cannot have anymore
taxes increase. By the time I retire, I probably won't even be able to live in my own home because I am not
going to be able to afford to pay taxes in the City of Miami and Dade County. And further on, I think the
corruption is extremely bad in the City of Miami and Dade County and something has to be done. I think
the people of this County's got to speak up for true and honest politicians that will conduct the taxes and will
conduct the City of Miami as it should be. There's another thing I need to protest about. I have a whole big
dump in front of my home. It looks like a crater and it's so big, somebody's going to fall in there. I could
fall in there. Just right in the corner of my home. And somebody's going to sue the City of Miami and it's
going to be very rightful to do that because they don't fix it. I have a big hole there that needs to be covered.
Another thing, I'm paying for the sewer and there is ... the streets are bad, are broken. The sidewalks are
broken and they need to be repaired in that area. OK. So, I just want to say that that I think it's very unfair
to raise the taxes at this time and I mean, more than a hundred percent has been the raise of taxes.
Vice Chairman Plummer: Thank you, ma'am.
Ms. Contreras: ...in the time that I've been here. Thank you.
Commissioner Gort: Mrs. Contreras? Mrs. Contreras?
Vice Chairman Plummer: Hold on.
Ms. Contreras: Yes.
Commissioner Gort: Four sixty four eighty Southwest...
Ms. Contreras: Four sixty and 480. I have a duplex there.
Commissioner Gort: What's the complete address?
Ms. Contreras: Four Sixty and 480 Tamiami Boulevard.
Commissioner Gort: Thank you.
Ms. Contreras: Thank you.
Vice Chairman Plummer: OK. Mr. Cox. Now, I want Mariano to be last. He's always been last.
Mr. Charlie Cox: It seems the administration doesn't want to straighten these people out about what is the
fact...
Vice Chairman Plummer: For the record, Mr. Charles Cox.
Mr. Cox: Charlie Cox, 4011 West Flagler Street. What a fact is, is the residents don't pay anything for our
pensions. They haven't paid one penny in the last seven years. The pensions are paid by the employees
themselves. Excess earnings have saved the tax payers money over the last 10 years. Also, we're
renegotiating Gates to give the tax payers more relief and they can sit up here and say corruption and say
this and say anything they want and it's coming out of their pocket. Let me tell you something. They need
to even read the social security law. The only time that someone can lose their social security is if they
140 September 8, 1998
commit treason against this Country. Now, that's our money. When they get up here and start attacking our
money because we get 10 percent out of our paycheck for every single payday that we've worked here.
Regardless of what anybody think about Mr. Odio, that was his money in that pension plan. It's my money
in the pension plan. It's everybody's money in the pension plan. And the investments are made by the
Pension Board, not by the tax payers. And the Boards have done extremely well to give the tax payers
relief. So, they need to quit coming up here and the administration needs to straighten them out to quit using
that as nonsense excuses.
Vice Chairman Plummer: Thank you, sir. Mr. Mariano Cruz, the last speaker.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street. Two minutes is not enough to say what I
have to say but somebody on the dais told me once...
Vice Chairman Plummer: You can find a way.
Mr. Cruz: Whatever you said, Martha Flores said here is, I can't say whatever say Martha Flores here
because there I got more time than I got here. Here I only got two minutes a year while other people got
more than two minutes.
Vice Chairman Plummer: You've already used 20 seconds.
Mr. Cruz: Oh, that's OK. I got the other hearing too. Don't worry about it. I don't mind paying taxes but
what I mind in the City of Miami is the way ... not the way they use. They bad use of the tax monies.
Improper use. They are not doing the basics. Basic things... services, I'm going to compete for strictly in my
neighborhood. The garbage collection in the market, they going ... the City go and clean and the people
there ... the policeman know who they are. They go and they dump it again. They don't arrest them, so the
people keep on dumping the same thing, costing us money. Been going on for years and years and years.
You know why? Because the Manager and the policeman, they don't live there. They don't care. They just
go by there. That's the ... they go to make money. They said, when they got off duty at the park there,
Merengue Festival, 15 policemen to...15 off -duty policemen. They have to have for a festival. You know
how much money is that. Now, consider that on the budget. Like I said before, I don't mean ... I don't mind
paying taxes. I consider they still low but what I don't like is the way that they go for that fee on a Monday
morning, at 10 in the morning. Who's going to be here at 10 in the morning to ... the next fee ... you know, the
next seventy —sixty-one dollar ($61) fee? Ten in the morning. Make it eight at night, seven at night, for
people work to be here. And another thing, you doing wrong with the budget because the same people that
were here on all the other budgets are here again. Plummer was here 28 years. Dipak was been here for all
this long time. The same people. But where is Carlos Garcia? He was forced to retire, like some other
people here been forced to retire. And that's going... it's a climate of fear inside here. Even some employees
don't even talk to me anymore. They afraid of talking to me. Thank you.
Vice Chairman Plummer: Thank you, sir. Mr. Dipak, proceed.
Mayor Carollo: For the record, Mariano.
Vice Chairman Plummer: Mr. Mayor?
Mayor Carollo: Everything you said here are your own opinions, right? Nothing to do with the Post Office
insignias anywhere, correct?
Mr. Cruz: I am afraid that ... the Federals are here from FBI.
Mayor Carollo: That's why ... I wish they were everywhere. I wish they were, including with the Federal
Communications Commission in Piola(phonetic). Give her my regards.
141 September 8, 1998
35. APPROVE FIRST READING ORDINANCE FIXING 8.52 PERCENT AS MILLAGE''RATE FOR
THE 1998-1999 BUDGET.
Vice Chairman Plummer: I think we're going to proceed.
Mr. Alejandro Vilarello(City Attorney): Commissioner, if I may. At this hearing, the first substantive issue
to be discussed shall be the percentage increase in the millage rate over the roll back necessary to fund the
budget, if any, and the specific purposes for which the ad valorem tax revenue are being increased. The first
item that you need to discuss is the millage rate.
Vice Chairman Plummer: OK. The millage rate is to go to the maximum, which is 10 mills, an increase
of...Mr. Dipak?
Mr. Dipak Parekh: Nine point three five one million dollars ($9,351,000) for the roll back rate.
Vice Chairman Plummer: OK. Is there any further discussion? Does anybody wish to discuss the increase,
other than the people that have already spoken?
Mayor Carollo: Yes, Commissioner. If I may, before the members of the Commission begin.
Vice Chairman Plummer: Mr. Mayor.
Mr. Vilarello: Can I clarify the record for one second, Mr. Mayor?
Mayor Carollo: Yes.
Mr. Vilarello: I'm sorry to interrupt. You announced the amount of the increase but you need to announce
for the Statute the percentage increase over the roll back rate, which...
Vice Chairman Plummer: That's what I asked.
Mr. Parekh: Which is eight point five two percent.
Mr. Vilarello: Thank you.
Commissioner Gort: What was that again?
Vice Chairman Plummer: I didn't understand him.
Mr. Vilarello: Eight point five two...
Mr. Parekh: Point five two percent.
Mayor Carollo: Thank you.
Vice Chairman Plummer: Mr. Mayor?
Mayor Carollo: I think we need to clarify a lot of the misinformation, the dis-information, the pure plain
demagoguery that we have been facing, unlike anything that I've ever seen in this City's history, particularly
during the last couple of years. These are the facts. While none of us like to see taxes raised, even if it's by a
small amount, I don't think there's a single person in this City that would be in favor of that. The reality's
happened, that we have had to have raised taxes by a slight amount this year and we've had to have done that
simply because the City has been facing a financial crisis. A financial crisis that was caused by pure
mismanagement. A financial crisis that was caused by individuals that care more about their own pockets
and their positions than about the City's future. Individuals that didn't care about doing the things they
142 September 8, 1998
needed to have been doing in the past, so that today we would not have been facing the problems that we
are. But having said that, let me give you some figures so that when you see others screaming and making
all kinds of allegations of what is happening now, you could see what the facts are. Even with the millage
increase, going to the 10 mill cap, what we paid once our tax bills come, is the total millage. That includes
the regular millage and the debt service millage. That is combined. Even with this slight increase that we
have had to have made this year, we have the lowest total millage this coming fiscal year than we, for the
exception of seven years, than we have had in the last 40 years. In other words, in the last 40 years we have
only have had seven years that we have had a lower millage rate than the one that this Commission will vote
upon today for the next fiscal year. I'm talking about total millage. In fact, if we go back to the present
millage rate, the present total millage rate that we have this year, that is the lowest total millage rate that we
have had in the last 15 years. So, even with the total millage rate that the Commission is proposing today for
next fiscal year, this would have fallen into one of the lowest that we have had in the last 40 years. In fact,
it's only, I think, seven others that have been lower than the one that we will be looking to approve today.
Those are facts. Now, those that have microphones for rent in violation of Federal Communications Laws...
that is a crime; that you could receive up to a year's jail time and ten thousand dollar ($10,000) fine. Where
have they been during these other years? And, particularly, the years in Miami had the highest total millage
rates, where it reached to over twelve dollars ($12) for every thousand dollars ($1,000) that our properties
are appraised. Where were they at then? Well, they weren't saying anything because they were part of the
problem. Part of the problem why we're here today. They were all too busy getting checks from Mr. Odio
here, for whatever. They were also too busy ripping off the City of Miami, all of us, during those years. But
now they have the gull to be attacking honest City administrators on a daily basis and going out
demagoguing, saying that if they are given another chance, that they're going to cut the rates by half; they're
going to do this; they're going to do that. Well, why haven't they done it in the past? Why haven't they
come out and defended what they should have defended in the past? But the numbers that I've given here
are reality. This is a fact. And anybody that would like to see them, they're here at the City Clerk's Office.
They're up in my office. Every member of this Commission should have it and this draft budget estimate for
the Fiscal Year 1998/99, and on page number one in the back, they could go through it.
Vice Chairman Plummer: OK.
Mayor Carollo: Thank you.
Vice Chairman Plummer: Mr. Dipak, walk us through. Walk us through it.
Commissioner Gort: Before... Commissioner, I think he wants...
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: Before we walk through, there's something that I'd like to bring out, which is
something that...
Vice Chairman Plummer: Oh, I'm sorry. I thought everybody...
Commissioner Gort: No, I'm sorry. This is something ... I think it's very important for the statement and for
this ... my understanding is ... and I don't know how many of you are aware of the Gates case, which is
something that I've been hearing for a long time. The Gates case ... the City of Miami was taken to court in
1985. The City of Miami owed the pension plans two hundred and thirty million dollars ($230,000,000).
And that was the reason that began. When you look at the millage and you look at the taxes, since 1955 to
1976, the City was able to have a pension of three point eight, three point two percent to fund the pension for
the City of Miami. My understanding is, in reading the Gates case and reading a lot of the documentation
I've been reading, which we going to be coming up with this some time next week, that money, instead of
being placed in the pension, it was used for general funds and this is where a lot of the things started
building up from way back. So, I want everybody to make sure they understand the history of the deficit.
Vice Chairman Plummer: Anybody else? Mr. Sanchez. The new boy on the block.
143 September 8, 1998
Commissioner Sanchez: Well, we go back in 27 years where, here we are today with the problem that we
have. Although, all the fees and stuff ...and it was in the Herald a couple days ago, we have balanced our
budget but I go once again to, if we don't modify or if we don't do whatever it takes to fix the infrastructure
of this City, we will be here again in three years in the same jam that we are here today. Somewhere along
the way we have to fix our infrastructure and we're taking steps in the right direction. But we have to do it
and we have to do it soon because if we don't, mark my words, we will be here in the next couple of years
raising taxes again.
Vice Chairman Plummer: Mr. Dipak, walk us through.
Mr. Vilarello: Commissioner, read the ordinance?
Vice Chairman Plummer: If that's the next step.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD]
Vice Chairman Plummer: Is there a motion? Is there a motion?
Commissioner Gort: Move it.
Vice Chairman Plummer: Moved by Gort. Seconded by Regalado. Is there any further discussion?
Commissioner Regalado: Yeah. Mr. Vice Chairman, I just want to say that...
Vice Chairman Plummer: First reading. Mr. Regalado.
Commissioner Regalado: Very briefly. I just want to say that ... I just want to thank the people of Miami
who showed up here and I understand the frustration and I think that they're right. And I think they have all
the right in the world to criticize corruption and I think that they have all the right in the world to say that a
person that has been convicted of a crime is getting a pension. Whether they don't pay it directly or not, the
people of Miami... Charlie... the people who pay your salary and my salary. And they have all the right in the
world to say that corruption has been the root of this City for so many years. I try to take away that pension.
I did not succeed and I understand, that there are mechanisms to protect the people that contribute but I
think that at least the people of Miami should have the right to say that these storms that we have now is
because of the ... that were in the making for so many years. And the only thing that this Commission, this
Mayor, this Manager could promise is that we're going to try to do the right thing in the next year and the
year after to lower taxes, not eliminate all taxes, like some people are saying. But at least try to do
something right for a change. That's all I want to say. And, you know, I was the one that moved one of the
plans originally in the past meeting and, yes, I've been criticized a lot in the City of Miami for my vote but I
thought that it was the only alternative. We had the bad and the worst and we choose the bad. So, that's the
promise that I'm sure that all the members of the Commission will make but I think that the people of Miami
do have the right to complain.
Vice Chairman Plummer: I think it's also very important to put on the record that we have mandated that the
City Manager must, not an option, he must either increase taxes —increase revenue by a million dollars
($1,000,000) a month or decrease expenses by one million dollars ($1,000,000) a month, not to exceed 10
percent and he must report monthly as to the progress that he is keeping the faith. Any further discussion?
Hearing none, call the roll.
Mr. Foeman: Roll call.
[NOTE FOR THE RECORD: COMMENTS MADE DURING ROLL CALL]
Commissioner Teele: I would have said something at the appropriate time if the Chair had recognized me.
Vice Chairman Plummer: If the Chair would have heard you, we would have definitely done it.
144 September 8, 1998
Commissioner Teele: I want to also thank the people, the citizens for coming out. This is one of your most
precious rights. Your right to come out and petition the elected officials with your grievances and your
concerns. I want to tell you that I'm voting against the millage, which is the only issue, and under the State
law, it's the first issue. Not because I'm against the millage, the dollars. Commissioner Regalado has said
that he had a bad ... that he made the motion on a bad plan as opposed to a worst plan. I favor the worse plan.
I think what we're doing now is wrong. We won't be able to raise taxes. Taxes are at the highest limit. I
believe the taxes should be the last thing raised. There's a view that a number of my colleagues have, that I
respect, that since taxes are something you can take off of your income tax, that they would prefer to see
taxes raised. The concern that I have is that we're raising the taxes but we're not really guaranteeing
increased services. I would have preferred to double the garbage fees ... and I want to be very clear. What I
proposed would have cost more money but you would have been able to see some dramatic changes in
service, and so I am not supporting the millage rate at this time because I really do think it is very, very poor
public policy, fiscal public policy, to be at the very end of the constitutional limit as to how far you can go.
This is the last thing we should do and there are too many other things that could have been done. Many of
them more painful perhaps but it would have gotten dramatic results. Our garbage fees are too low. In the
County, they're double what we're charging and we're going to increase them over the next four years, but
we're just increasing them to make the budgets balance. We're not increasing the garbage fees based upon
increased services. And so, I would hope that the Manager ... Mr. Manager, that you work with the majority
of the Commission to see if we can get our millage rate lowered next year because, again, I have no
reservation to support higher taxes. What I am opposed to is being at the very end of the elasticity. We
have no reserves and I am substantially opposed to increasing fees and taxes and not provide something
increase services, so I vote no on the millage but commend my three colleagues that have supported this
courageous position.
Mr. Foeman: Continuing roll call.
Commissioner Sanchez: No.
Vice Chairman Plummer: Do I get to vote?
Mr. Foeman: Vice Chairman Plummer.
Vice Chairman Plummer: OK. A very brief discussion. Commissioner Teele and I are going to be just on
the opposite side. I'm going to vote for the increase in the millage but I'm voting against the appropriations.
So, I think he's going to vote for them. So, I vote yes for a portion. We're now ... that passes three to two.
An Ordinance Entitled -
AN ORDINANCE DEFINING AND DESIGNATING THE
TERRITORIAL LIMITS FOR THE CITY OF MIAMI FOR THE
PURPOSE OF TAXATION; FIXING THE MILLAGE AND LEVYING
TAXES IN THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER
30, 1999; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE.
145 September 8, 1998
was introduced by Commissioner Gort, seconded by Commissioner Regalado, and was passed in first
reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Vice Chairman J.L. Plummer, Jr.
NAYS: Commissioner Arthur E. Teele, Jr.
Commissioner Joe Sanchez
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: We're now on the "B" portion, the appropriations.
Mr. Dipak Parekh (Director, Budget Office): Again, Commissioners, I'd like to deal with Item B. Just for
the record...
Mr. Alejandro Vilarello (City Attorney): Commissioner, may I read the ordinance into the record?
Vice Chairman Plummer: Yeah, I guess that's all right. Normally we have a motion and then a second but
you can read it first. Go ahead.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD]
Vice Chairman Plummer: Is there a motion? Is there a motion?
Commissioner Gort: Move it.
Vice Chairman Plummer: Moved by Gort.
Commissioner Regalado: Second.
Vice Chairman Plummer: Seconded by Regalado. Under discussion. Under discussion. Mr. Sanchez.
Commissioner Sanchez: I refuse to accept that the City of Miami is spending each and every dollar
efficiently. I brought it in front of this Commission. I've asked Dipak to prepare a budget analysis, which I
have yet to receive. I've asked for information concerning the budget, which I've yet to receive, and I'll
make the same statement I made the last time. The City did not make any sacrifices; therefore, the tax
payers shall not make any sacrifices.
Vice Chairman Plummer: Any further discussion among the Commission? Commissioner Sanchez, stand
up and take a bow. Further discussion? I will only say that I'm voting against the appropriations. I don't
think the money is being spent in the wisest way. I think that I have some very, very much disagreement in
the appropriations, in the way this money is being dealt out. I think that we're neglecting some of the parks.
I think we're neglecting some of the sanitation and, for that reason, unless there's a change, I will not vote for
146 September 8, 1998
the appropriations. Call the roll, please.
Mr. Foeman: Roll call.
Commissioner Teele: Before you call the roll, Mr. Attorney?
Vice Chairman Plummer: I'm sorry. Mr. Teele, so that we don't cross swords, please either bang or do
something because Mr. Gort blocks my view of you.
Commissioner Teele: Thank you. Mr. attorney, is it appropriations mandated by State law?
Mr. Vilarello: The appropriations ordinance?
Commissioner Teele: Yes.
Mr. Vilarello: This is a budget ordinance. The State law mandates the adoption of the tentative budget
before you conclude today's hearing, and this is our local procedure for the adoption of a tentative budget. It
is the appropriations ordinance.
Mr. Parekh: So, the answer is yes.
Mr. Vilarello: The Budget Director has advised me that my answer was yes. A short answer to that.
Mr. Parekh: I'm not an attorney though.
Vice Chairman Plummer: Knock off the editorial. OK. Call the roll, please.
Commissioner Gort: Wait, wait, wait.
Vice Chairman Plummer: I'm sorry. Mr. Gort.
Commissioner Gort: Hold it, hold it. What you're saying is, if this doesn't pass here today...
Vice Chairman Plummer: No, I'm saying...
Commissioner Gort: We have to pass it? What you want to do is make some changes on the budget itself?
Vice Chairman Plummer: If they want...
Commissioner Gort: Well, I'll take my motion out. If the votes are not there, why...
Mr. Vilarello: I can read the...
Commissioner Teele: See, I think you're going to get yourself into...
Commissioner Gort: If you're going to play it, play it now. Come on, let's go.
Commissioner Teele: We're going to get ourselves in the jackpot here. Look, this is very serious...
Commissioner Gort: if you're going to play it, let's play it. Let's change the budget. Let's change the
budget.
Vice Chairman Plummer: Hey, I have made my...
Commissioner Teele: This is very serious...
147 September 8, 1998
Commissioner Gort: Let's go. Do it, make the changes if you want to.
Vice Chairman Plummer: Mr. Teele, you have the floor.
Commissioner Teele: I think this is a very serious matter. I think ... look, I was very clear throughout this
process. J.L., I am prepared to work tonight to change the budget, if that's what you and the majority of the
Commission want to do to get an acceptable budget but I think, if you are taking this position, then this
matter ... this item should be deferred to next Monday because I can tell you right now, I don't want to be
accused of doing a budget appropriations without it being given some careful thought.
Vice Chairman Plummer: Mr. Teele, I appreciate your comments and I can think that what I have in mind is
very simple to do and I've already stated for the record time and time again. My problem is with overtime,
not only in the Police Department but overtime in general that is not approved up and beyond budget. How
much in this ... Mr. Dipak, if I may, how much overtime do you have in this year's budget for the Police
Department alone?
Mr. Parekh: The projection is over seven point four million dollars ($7,400,000).
Vice Chairman Plummer: And what was last year's appropriations?
Mr. Parekh: Appropriations? We spent around five point five million dollars ($5,500,000) last year.
Vice Chairman Plummer: And, Mr. Teele, as far as I'm concerned, you want my vote or my favorable vote,
put in this budget the appropriation of five point two, the remaining amount in a contingency and make the
Police Department either do some good planning or make them come back publicly and admit that they
didn't do what they were supposed to do and I'll vote for this thing.
Commissioner Teele: Well...
Vice Chairman Plummer: That's. Just that simple.
Commissioner Teele: Let me tell you where I am on this. You see, I'm very concerned about this whole
issue. Now, I've taken the opportunity to talk to the Police Union today on this and several other Unions and
I think there's some legitimate room for disagreement.
Vice Chairman Plummer: Oh, absolutely. There always is.
Commissioner Teele: I mean, you know, the one thing we don't want to do is adversely affect ongoing
cases; we don't want to send any signal that we don't have the Police as a priority, and notwithstanding what
I said this morning, which may have offended some, about the fact that the Police budget and the Fire budget
continue to erode or to consume a larger percentage of the overall budget and I was taken to the wood shed
on that statement today. It's factually correct but it does not mean that those budgets have been increased.
What has happened is, the other budgets have been decreased. Now, having said all of that, I think there is
some legitimate room for discussion. I don't understand how the Police budget, J.L., got over ... as far over as
the numbers suggest. No one has given us any document ... any documentation on that. But I will say this, I
am very interested in seeing an itemized expenditure of the overtime for the special events.
Vice Chairman Plummer: When I get it, which I've already requested, I'll give you a copy.
Commissioner Teele: Well, I'd be grateful. And, Mr. Manager, when you give it to him, you give it to me at
the same time.
Vice Chairman Plummer: And further than that, Mr. Teele...
Commissioner Teele: I mean, I don't need to be a step Commissioner here. I'm going to be a full
Commissioner. And the concern that I have is, we didn't have money to run the Martin Luther King Parade.
148 September 8, 1998
We went to the Governor and got the Governor to bring in Highway Patrol. We went and got people to
donate money. We turned down every Haitian group that came ... the City Manager and the Chief turned
down every Haitian group for Haitian Independence Day, et cetera. Now, if we've got six million dollars
($6,000,000) of Special Event money, I want to know where in the hell money is going. Because the fact of
the matter is, there are special events. I heard Commissioner Regalado talk this morning very positively
about Wil Smith's video and the number of police that were there. I mean, I think that's great. But I mean, I
think...
Commissioner Regalado: Commissioner, if I may, it was paid by a restaurant.
Commissioner Teele: I heard you say that the majority of it was paid by the restaurant and, you know, I was
born at night but not last night and I know how these numbers work. The fact of the matter is, is that there's
six ... five, six million dollars of special event money. I want to see where that money is being spent. Now, I
don't know what the number is but if there's one million dollars ($1,000,000) of special event money, I want
to know where it was spent. Because if we've got a City that we can't afford to support the Martin Luther
King Parade, the one annual event in every major city and the people in Liberty City, Model City have to go
out and beg, borrow and steal money, then something's wrong with the system if we spend a million dollars
($1,000,000) for special events. So, what I'm saying, Commissioner Plummer, I'm not against what you're
saying. I just think we need to know how the money was spent.
Vice Chairman Plummer: All right.
Commissioner Teele: Before we start voting on that.
Vice Chairman Plummer: Mr. Teele?
Commissioner Teele: And if I may...
Vice Chairman Plummer: Continue.
Commissioner Teele: As it relates to the budget, I think the most important thing in this budget process,
from a procedural point of view ... and I've said this before indirectly... is that we need to gain control of the
agenda coordination process. This is the only legislative body that I've ever seen where items are appearing
on the agenda that none of us know about or items are not going on the agenda that I'm specifically
requesting. I don't need a favor. I was elected by the citizens of my district. And if I ask that an item be put
on the agenda, I expect that it be put on the agenda and I expect that it be put on the agenda at the request of
the Commissioner that put it on. The anti -deficiency ordinance today is a classic example. If you read the
way the agenda process is being done, it would look like this is something coming from the Manager or the
Management. We clearly need to amend the appropriations process to place the agenda coordination in a
matter in which that is responsive to this Commission, J.L., and the time to do that is in the appropriations
process. We have not transitioned this Commission from a Manager ... strong Manager/Commission to an
Executive Mayor/Commission form of government, and I think we all have said that in any number of ways.
I spend half of my time ensuring, when the Mayor's not here, that the issues relating to the Executive Mayor
that are most appropriate but I do think a Commission body should have the ability to control its own
agenda. And if you look at any of the County, any of the city agendas, items are put on by the Commission;
they are reflected that way. The vast majority, I know, are put on by the management but I'm not going to
ask for any favors to put my items on the agenda. I have my so-called pocket items. I'm not asking for any
favors. That's the job of the management and the City Attorney and I think the appropriations process this
year needs to be changed and the Manager should identify all those persons involved in the agenda
coordination process. Those items need to be transferred either to the Clerk's Office or the City Attorney's
Office, one of the two offices that works for the Commission, and placed under them so that this
Commission can have control over its legislative agenda.
Vice Chairman Plummer: And I agree with you in total and I would hope that we could pass something that
the agenda closes at six days or seven days prior to the meeting. The City Commission would have a draft
two days to change, alter, modify and then give it back to the Manager for the five-day rule. I think it would
149 September 8, 1998
be very, very much in order. Now, let me get back, in I may.
Mayor Carollo: Commissioner, if I can.
Vice Chairman Plummer: Mr. Mayor.
Mayor Carollo: Maybe I missed something. But we've gone from a disagreement on the budget where, as I
understand it, there's talk that it's not going to be approved tonight.
Vice Chairman Plummer: No, sir, I'm going to make...
Mayor Carollo: To the point of now that the administration is not listening on items that should be placed on
the agenda to Commission members. Now, this concerns me. And I want to ask the Manager, on the
record, has he held back on placing on the agenda any items from any members of this Commission that had
been sent on time ... and we all know the time tables. If not, it should be made clear —have you held back,
during the time that you've been here ... you can't be held responsible for what's happened in the past, only for
the time that you've been here. Have you held back any items that any member of the Commission has sent
you on time?
Mr. Donald Warshaw(City Manager): Mr. Mayor, I have not. And if I can just elaborate on that for a
minute?
Mayor Carollo: Yes, I'd like for you to.
Mr. Donald Warshaw: There are several ways that an item can get on the agenda. One of them, of course,
the most common one, is that which is proffered by the Manager under my signature. There are other items,
as you saw on today's agenda, that were proffered by the City Clerk, by the City Attorney, in conjunction
with Commissioners. I just want to state for the record, and even more particularly because of the anti -
deficiency ordinance that was passed today, that anything that has a budgetary and fiscal impact that is
requiring my signature, I will hold until I'm comfortable that there is an appropriate funding source before I
bring it forward, but that does not preclude any member of the Commission from bringing that item forward
on his own. And still, of course, at that point on the record I would state whether or not there was money
and appropriations in accordance with what was needed for that item to move forward.
Commissioner Teele: Mr. Mayor, on that point ... and I think that's one of the issues. I fully agree. And I
think there is an ordinance. I know I sponsored... the first ordinance that I sponsored, a resolution, was that
no item should have fiscal impact, should be approved without the Manager's written recommendation.
Mayor Carollo: And there was a resolution that this body approved, as I remember, that no pocket items that
would have any kind of financial impact directly or indirectly on this body, would be taken up unless it had a
Manager's recommendation and the Manager had sufficient time to go through it.
Commissioner Teele: But, Mr. Mayor, respectfully, I totally disagree with what the Manager just said in this
regard. The Manager was not elected; the Attorney was not elected; the Clerk was not elected. Any elected
official who, in time, asks that an item be placed on this agenda, whether the Manager is ready for it or not,
it must go on this agenda. Now, the fact that we cannot vote on it, that it should be deferred, OK, that's a
whole other matter. But the fact of the matter is, is that if a Manager is going to be able to determine what
an elected official is going to have on his agenda ... see, part of the reason we have this pocket item process is
because we are not putting these items on the agenda. I, for one, don't believe any pocket item should be put
on the agenda that have a fiscal impact. But if I send an item to the Manager —and just what he said, I sent
an item to the Manager before we broke. He hadn't read. He hadn't reviewed it, so he didn't put it on the
agenda. That's not right. That is not right. And ... because this is the Commission agenda. This is under ... a
strong manager form of government, it was, arguably, the Manager's agenda. This is a Commission
legislative agenda.
Mayor Carollo: Well, Commissioner, I think this could be taken care of real easily because the last thing
150 September 8, 1998
that I want to see is pocket items being brought up here, particularly the kind of shenanigans that was going
on before I got back, where pocket items of tremendous dollar amount impact to this city were being
brought up late in the day, purposely, so that nobody hopefully would know what was going on and some
were being passed that, frankly, were quite hurtful... harmful to this City's future, financial future. This, and
for other reasons, is why I want to make sure that the Manager understands what the process should be. The
process, and no matter whether the City Clerk, the City Attorney are handling, we're going to run into the
same problems unless the guidelines are spelled out.
Vice Chairman Plummer: OK. I'm sorry.
Mayor Carollo: Now, getting off of that and going back into what was being discussed. I certainly hope
that we reach a consensus today because I ... the last thing that this city needs is to again see the kind of
headlines here and outside of Miami that are going to be harmful to us, and particularly the kind of headlines
that are going to scare investors that are coming into this city, other potential investors, that's going to scare
the bond market further than it has been in Wall Street and the kind of excitement and energy that is going to
give Miami's own version of the Talisman. I guess our own homemade version of the Islamic
revolutionaries that want to change and turn this City upside down, not for the better but for the worse.
Vice Chairman Plummer: Mr. Mayor, I'm going to make life easier temporarily. I'm going to vote for the
appropriations today but I'm going to tell you, if there's not changes between now and the second reading,
I'm not voting for it. I strongly believe in what I have said. I am not trying to take away completely the
appropriations of overtime in the Police Department. I'm saying, come in at five point two million dollars
($5,200,000), as it stands now, hold the rest of it in reserve and if, in fact, it is needed, it would have to be
justified before this Commission for the expenditures of any further overtime money. If that money is not
used, we could put it into the Park Department; we could put it in Sanitation Department; we could put it in
any department where it is necessary, and I want to tell you, let's all remember, there's an item on this budget
right now, because of the six hundred thousand dollars ($600,000) that is in the Police budget ... I'm sorry, six
hundred thousand for an overview of review of the Police Department, which has already been funded, that,
in fact, let me tell you, I think is going to be making some major changes, OK? I could be wrong. But
there's six hundred thousand dollars ($600,000), which I don't think is going to be necessary, but there's
going to be some people brought in to do an outside review and we're going to look at it. So, that is where I
think the difference is going to be made. May or may not happen. On this ordinance today, I've made my
thoughts very, very clear. Mr. Manager, you have every opportunity to beat my head soft but I'm telling you
right now, I don't think you got that big a stick because if it's not changed between now and the next
budget ... next hearing, you know where I stand. Call the roll.
Mr. Foeman: Commissioner Gort had withdrawn his ... he moved it and he withdrew his ... is he reinstating
that now or....
Vice Chairman Plummer: Mr. Gort, it's up to you, sir.
Commissioner Gort: You guys made all the changes and I think any changes you guys would like to make,
you should bring it now so that you could bring it out in the second reading.
Vice Chairman Plummer: Excuse me. The six hundred thousand in the VIP (Vehicle Impoundment)
Program is not dedicated to this? What happened to it?
Mr. Warshaw: It not that it's not dedicated. It is projected revenue. It's not an appropriation of dollars. It is
projected revenue.
Vice Chairman Plummer: And it is not dedicated for the purposes of...that is what I was told, where the
monies were coming from to do the over review.
Mr. Warshaw: I'm not saying, Commissioner, that if those monies come in, you can't use it. What I'm
saying is...
151 September 8, 1998
Vice Chairman Plummer: Oh, if the monies don't come in, I can't use it, absolutely. You can't spend money
you don't have.
Mr. Warshaw: I just want you to understand that the funding source was not identified in the budget. It is
part of what was the increase in the projected revenue for the VIP ordinance.
Vice Chairman Plummer: Sir, I had your word in the previous hearings; I had the word of the Budget
Director, that projections of six hundred thousand dollars ($600,000), you were comfortable with and the
money for the over review could come from that.
Mr. Parekh: Commissioners.
Vice Chairman Plummer: That's all I need. I don't need anybody to draw me any other pictures.
Mr. Parekh: There's no other picture. However, the City Commission needs to appropriate that six hundred
thousand dollar ($600,000) revenue for the operational review and that ... the City Commission has not taken
that step yet.
Vice Chairman Plummer: No, sir, I'm not going ... not to the exceed. I don't think it's going to cost that much
money, OK? I think it can be done. But let's also remember, this is notJ.L.'s idea. This was the Oversight
Board, who said that we need to do this and we need to do it now. So, all I'm saying is, that's where I'm
coming from. Mr. Sanchez.
Commissioner Sanchez: J.L., you asked for Fire and Police, for that...
Vice Chairman Plummer: Yes, for the over.. just...
Commissioner Sanchez: I want to take it a step further. Every department in the City of Miami should be
evaluated.
Vice Chairman Plummer: All right. Well, all I'm doing right now is answering to the Oversight Board,
whose suggestions that it was. OK.
Commissioner Teele: Commissioner Plummer, may I inquire?
Vice Chairman Plummer: Mr. Teele, of course.
Commissioner Teele: On the six hundred thousand dollars ($600,000) study, is this Fire and Police or is this
just Police?
Vice Chairman Plummer: Both.
Mr. Parekh: Fire and Police.
Vice Chairman Plummer: Again, Mr. Teele, I ... the six hundred thousand dollars ($600,000) was put into the
budget as to what the City Manager felt comfortable with, that that projected amount would be raised
through the program of the VIP.
Mr. Warshaw: Commissioner, again, I must state for the record, it is not in the budget. It is projected
revenue. And if, at some point in the future, this study is to be commissioned and that is to be the funding
source, at that point it will be part of the budget. But it is not part of the budget now. It's merely an
earmarking of potential future funding source.
Vice Chairman Plummer: Sir, then you're going to have a real problem with me on the second reading, OK?
But I'm going to let it go this time. But I'm telling you, the Oversight Board are the very ones who wanted
that review, all right.
152 September 8, 1998
Commissioner Teele: My only question is this, I would really like to get a Manager's recommendation on it.
Vice Chairman Plummer: Absolutely.
Commissioner Teele: I would hope that there can be some consultation with the Unions on this issue and,
again, I think what Commissioner Plummer and Commissioner Sanchez are asking for is reasonable. I
mean, what I don't like though is, I don't like the double talk. I've heard ... I don't even know what it is but
I've heard J.L. talk about this now for three months. I've heard an agreement that it would be done.
Vice Chairman Plummer: Absolutely.
Commissioner Teele: It would be done ... if you go back and get the Clerk's records, you know, it'll show that
there was a commitment that the budget would be built in such a way that it would be done and I hold the
Budget Director and the Manager ... Mr. Budget Director, did you have that understanding, that it would be
done?
Mr. Parekh: Commissioner, it's a procedural issue. It's not that the six hundred...
Commissioner Teele: It's a what?
Mr. Parekh: It's a procedural issue. The City Commission did not, at the last...
Commissioner Teele: Are you saying procedural issue?
Mr. Parekh: Yes, sir. You need to have six hundred thousand dollars ($600,000) worth of revenues and
increase the appropriation by six hundred thousand dollars ($600,000) and that has not been done yet.
Commissioner Teele: Well, I mean... but if Commissioner Plummer wants to do that and he's one of the
decisive votes on this appropriation, the time to do it would be in the appropriations. I mean, I'm not
necessarily in favor of it but what I am not in favor of is continuing to play games when Commissioners
legislatively say...
Mr. Warshaw: And, Commissioner, that's exactly what I don't want to do, is have you mislead and not play
the kinds of games that have been played here before.
Commissioner Teele: Well, the Clerk's record will...
Mr. Warshaw: The money is not in the budget. It has never been in the budget. Is it simply earmarked as a
potential revenue source from the Vehicle Impoundment Ordinance. If you should desire to do this, you can
bring a resolution forward, whether it's a hundred thousand or six hundred thousand, and then...
Commissioner Teele: With all due respect, if they want to do it ... if Commissioner Plummer wants to do it,
with all due respect, he should make it a part of the appropriations process.
Mr. Warshaw: I don't disagree with that.
Commissioner Teele: This is the time ... this is when we're appropriating money and we should not
appropriate money on emergencies and all through the year. We need to reduce that. We need to have a
policy discussion. I'm not necessarily for it, J.L., but what I don't want is to get into this words game, where
we say we're going to earmark it, we're going to target it, and we're doing a budget appropriations now.
That's what I'm asking for is, I need to understand what the Management's concerns are. I would like to hear
from the Union. If the Mayor has a view, I would be very, very...
Mr. Warshaw: But, Commissioner, I have a bigger concern and, in accordance with the new anti -deficiency
ordinance, I am telling you, there is not one dime in this new budget for this study. Now, that does not mean
153 September 8, 1998
you cannot appropriate money today or at some point in the future. But there is no money. There has never
been money. We simply said that, in anticipation of increased revenues, which I anticipate...
Commissioner Teele: I thought he ... I thought Commissioner Plummer just said that he was going to restrict
the overtime to five point...
Vice Chairman Plummer: Five point two, what it was last year.
Commissioner Teele: What's the difference between five point two and what's in the fund now?
Vice Chairman Plummer: About two and a half million dollars ($2,500,000).
Mr. Parekh: One point five.
Commissioner Teele: One point five million.
Mr. Parekh: One point five three for next year's budget.
Commissioner Teele: So, if Commissioner Plummer chooses to do that...
Vice Chairman Plummer: Wait, wait, wait. Excuse me. My math is not all that bad. From seven point five
to five point two is a million what? It's got to be over two million dollars ($2,000,000).
Mr. Parekh: Commissioners, next year's budget...
Vice Chairman Plummer: No, no, no. Excuse me. Would you answer my question?
Mr. Parekh: That's what I'm trying to answer, sir.
Vice Chairman Plummer: What is the difference?
Mr. Warshaw: Tell him how much is in the budget for next year for...
Mr. Parekh: That's exactly what I'm trying to do. You have five point two million dollars ($5,200,000) for
normal overtime and one point five nine three million dollars ($1,593,000) for overtime events. It is lower
than your projected expenses for this fiscal year.
Vice Chairman Plummer: How much money is in there total for overtime?
Mr. Parekh: Six point seven.
Vice Chairman Plummer: Total now.
Mr. Warshaw: Six point seven.
Mr. Parekh: Six point seven. For Police Department.
Vice Chairman Plummer: Huh?
Mr. Parekh: For the Police Department.
Vice Chairman Plummer: OK, that's fine. That's fine. And that's where it should come from. Hey, all I'm
telling you is that, I'll go along today. Let's get this process started.
Mayor Carollo: J.L., can I make things a little easier to understand? Approximately seventy plus
percent... seventy-four point something percent of our budget goes to Police and Fire. At the same time —am
154 September 8, 1998
I correct on that, Mr. Parekh?
Vice Chairman Plummer: I have no problem, Mr. Mayor.
Mayor Carollo: The main responsibility that this body has is for the protection of life and property in the
City of Miami and I think that's why we have made sure that two of the departments that would be manned
up to the level that would be the minimum that we could have, would be Police and Fire. What has
happened though is, in the other departments, throughout the years in cutting and cutting and cutting, we
have basically left most of the other departments with skeleton staffs. Now, Police and Fire are not over
budgeted, over ... an over amount of manpower. We're frankly at an average level of where we should be in
comparison to other major size cities of our size. And I would tell you that, first of all, I'm not sure if you
could do a study of this size that would be worth much for six hundred thousand dollars ($600,000). I think
it's going to cost...
Vice Chairman Plummer: We'll find out.
Mayor Carollo: ...possibly more than that. But on top of that, I'm not so sure what savings we're going to
get because the bulk of what we pay in that department are for sworn police officers. The civilian staff that
we have in both departments, in comparison to the sworn police officers and the sworn firefighters, are not
out of hand to what most other departments have. If anything, we should have more. So, I will tell you now
that, while it sounds great and it might sound encouraging, I don't see anything much different than what we
already know that's going to come out of there. Now, I would say this to you, possibly our money might be
even better spent in looking at ways of...with the manpower that we have, that we could use it in new and
different ways, even better than what we have now. And I don't know if that could even be possible
because, frankly, many of the departments across the country are looking to the City of Miami and taking
our lead. Certainly, if it hadn't been for that, the COPS (Community Oriented Police Services)Program
would not be giving us the millions and millions that it has. The reason they have is because they're making
Miami their showcase department. So, having said that, you know, I think that we really need to be realistic
to see if this is where we want to go because...
Vice Chairman Plummer: Mr. Mayor, I have not, in any way, said that I am cutting the overtime budget of
the Police Department. I am saying that I'm inferring that the five point two be put into the police budget for
overtime, which I think, even as I ... and have the rest be held in reserve and if it is necessary to go beyond the
five point two, that they must come before this Commission and the public and justify why they were unable
to live within the five point two. They never did that last year. The first thing we know, they're two million
dollars ($2,000,000) over budget and we never were ever told. Now, all I'm saying to you is, is that that is
going to be my requirement for my vote. As far as the studies are concerned by the Oversight Board, I think
are absolutely necessary. They've got to be definitely, without any question, in the appropriations, which we
have already promised to work on in the coming year. Now, I'm ready to vote favorably for the
appropriations today but I think, before the second reading, which is on the 28th, that there has to be some
explanation and some changes made. Now, I'm just...
Mayor Carollo: Mr. Parekh, out of those overtime dollars in the Police Department, approximately how
many are reimbursed to us from either Federal dollars orLETF (Law Enforcement Trust Fund) funds?
Mr. Parekh: I think the Chief can handle this.
Mr. John Buhrmaster(Executive Assistant to City Manager): Mr. Mayor, we receive about close to nine
hundred thousand dollars ($900,000) in reimbursable overtime either through grants or operations, Federal
operations.
Vice Chairman Plummer: Is that money any different color than the American currency that we deal with
here?
Mr. Buhrmaster: No, sir.
155 September 8, 1998
Vice Chairman Plummer: Thank you.
Mayor Carollo: But it's important to know what we're getting reimbursed for.
Vice Chairman Plummer: Mr. Mayor, look, I'm not trying to be a stumbling block. I'm trying to get the best
bang for my buck that I can get, OK? Now, as far as I'm concerned, we could sit here and argue all night. I
don't want to take up the time of this Commission or the public. I'm willing to vote tonight to get it off dead
center but I'm telling you, what happens between now and the 28th ... and we can talk about it then. If you
don't want to talk about it then...
Mayor Carollo: Well, gentlemen, I suggest that's what we do because, frankly, there were quite a few weeks
that were between the last time this Commission met on approving this budget and the time that we have met
today.
Vice Chairman Plummer: Right.
Mayor Carollo: And I haven't heard any questions that I've been asked here that couldn't have been asked of
the administration during that time, so that we would have avoided ... have got into these kind of discussions
here in the form that we did.
Commissioner Gort: Mr. Chairman?
Mayor Carollo: So, I would hope that the administration can...
Vice Chairman Plummer: It's nothing that I brought up today that hadn't been discussed before.
Commissioner Gort: Mr. Chairman?
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: I just want to state that, I think the last time we had a meeting here, the same thing was
stated by J.L. and I don't think...
Vice Chairman Plummer: Absolutely.
Commissioner Gort: I don't think they ever got back to him. And one of the things is, my understanding is,
this is something I wanted to do back in '94, was not able to do it because, at that time, was too expensive,
the audits and the performance audits on each department. My understanding is, we moved on that and we
approved it.
Vice Chairman Plummer: I thought so.
Commissioner Gort: That was my interpretation. Because that's something I've been wanting to do since
1994. And it was my understanding, about the meeting ... two meetings ago we approved that. Now, my
understand also, J.L. made this statement to the Manager, that he would like to see some done on the
overtime. And I think what J.L. suggested is not a bad idea. You allocated five point four. You save in
reserve the one point two. If you need it, you come to us and tell us why you need it because we need to
respond that to the public and to ourselves.
Vice Chairman Plummer: What's is the will of...
Commissioner Gort: So, let's ... look, we've got a second reading to go to. I think any one of us that have any
questions to go over all of this item, we need to get together with the Manager and tell him before the second
reading.
Vice Chairman Plummer: Call the roll.
156 September 8, 1998
Mr. Foeman: I need a mover.
Commissioner Gort: Reinstate the motion again.
Vice Chairman Plummer: The motion is that item be for...
Commissioner Gort: Also, I want for the public to understand, the discussion that is taking in here right now
is not to lower the taxes. What is taking place in here is, how to allocate those funds.
Vice Chairman Plummer: How to spend it.
Commissioner Gort: It's very important that people understand that.
Vice Chairman Plummer: Call the roll, please.
Mr. Vilarello: Before you call the roll...
Vice Chairman Plummer: You've read the ordinance?
Mr. Vilarello: Yes, I did. But there's a scrivener's error. The Budget Director wants to describe that in the
Trust and Agency Funds.
Mr. Parekh: Correct. The numbers got transposed with Omni and Southeast Overtown/Park West. I just
want to, for the public record, Omni should be 856.221; Southeast Overtown/Park West should be 162.165.
Vice Chairman Plummer: With the appropriations or the corrections, call the roll, please.
Mr. Foeman: Excuse me. I need a movant.
Vice Chairman Plummer: The movement was ... Gort moved the smatter and I think Regalado seconded it.
Mr. Foeman: Seconded by Commissioner Regalado, OK. Roll call.
[COMMENTS MADE DURING ROLL CALL:]
Vice Chairman Plummer: As indicated, today I am voting yes at the present time.
An Ordinance Entitled -
AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 1998; INCLUDING CAPITAL
IMPROVEMENT APPROPRIATIONS; REPEALING PROVISIONS
OF THE CAPITAL IMPROVEMENTS ORDINANCE NO. 11623, AS
AMENDED, WHICH MIGHT BE IN CONFLICT WITH THIS
ORDINANCE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
157 September 8, 1998
was introduced by Commissioner Gort, seconded by Commissioner Regalado, and was passed in first
reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: Commissioner Joe Sanchez
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Vice Chairman Plummer: The next item is Item 50 and that represents... Mr. Dipak? Is there any problem
with Item 50? It's a resolution. Interlocal Agreement with MiamiDade County about the gas tax, is that
correct?
Mr. Dipak Parekh (Budget Director): Yes. Just for the record, we have had assistance from the Dade Legal
Cities and our percentage for the city has now gone up, which I think our City Attorney can state for the
record.
Mr. Alejandro Vilarello (City Attorney): The resolution states in its last whereas provision on the first page,
the County has agreed to share 26 percent. The correct number is twenty-seven point one four percent.
Vice Chairman Plummer: And we need to thank Mr. Gort, as our representative of the Dade league, for that
fine job, which will be dollars in our pocket. Is there a motion on Item 50.
Commissioner Gort: Move it.
Vice Chairman Plummer: Is there a second? Seconded by Teele. Mariano, do you wish to speak on 50?
Mr. Mariano Cruz: Yes. The problem that we have with MiamrDade County, I'd like to know how much
we, City tax payers, that we pay to Miami -Dade in the countywide tax and what we getting back from
Miami -Dade County. We getting the shaft from them. That's what we're getting from Dade County because
I bet we pay more than ninety million. Besides the gas tax, we pay also dedicated funding for Jackson and
the homeless, the food and beverage tax and they administrate all that money that we, City of Miami, pay.
That millions and millions of dollars that we pay. And you go over there to 111 Northwest 1 Street and see
how much ... how many of those people go to Allapattah. When they have taken care of a major arterial is
because I have called them, Public Works, to take care of 20th Street or 27th Avenue, 12th Avenue or
something. They do nothing on their own, Miami Dade County.
Vice Chairman Plummer: Thank you, sir. There's a motion. All in favor say "aye."
Vice Chairman Plummer: Opposition? Show unanimous ballot. Mr. Sanchez, you have no problem with
the gas tax, do you?
Commissioner Sanchez: No.
Vice Chairman Plummer: Thank you, sir. Unanimous ballot.
158 September 8, 1998
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-869
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-
DADE COUNTY (THE "COUNTY") AND MUNICIPALITIES
REPRESENTING A MAJORITY OF THE POPULATION OF THE
INCORPORATED AREA OF THE COUNTY TO PROVIDE FOR THE
DISTRIBUTION OF A PORTION OF THE COUNTY OPTIONAL
GAS TAX TO BE DISTRIBUTED TO MUNICIPALITIES; FURTHER
AUTHORIZING THE CITY MANAGER TO IMMEDIATELY
COMMENCE NEGOTIATIONS WITH THE COUNTY TO OPTIMIZE
THE FINANCIAL RETURN TO THE CITY FROM THE CURRENT
LEVY AND ANY ADDITIONAL LEVIES TO BE IMPOSED BY THE
COUNTY FOR FUTURE PROCEEDS TO BE PROVIDED TO THE
CITY.
(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.
38. APPROVE FIRST READING ORDINANCE FIXING MILLAGE RATE OF 6.20 PERCENT FOR
DOWNTOWN DEVELOPMENT AUTHORITY FOR FISCAL YEAR BEGINNING OCTOBER 1,
1998 AND ENDING SEPTEMBER 30, 1999.
Vice Chairman Plummer: Item 51. Mr. Dipak, walk us through.
Mr. Dipak Parekh (Budget Director): City Commission, you need to adopt the millage for the Downtown
Development Authority, which is point five mills.
Vice Chairman Plummer: Mr. Gort, is this all in your concurrence?
Commissioner Gort: Yes.
Vice Chairman Plummer: Is there anyone wishing to speak of the public on the DDA (Downtown
Development Authority) proposed millage, which is set by State Statute at a half a mill?
Mr. Alejandro Vilarello (City Attorney): Let me make certain announcements, if I might?
Vice Chairman Plummer: Make your announcement.
159 September 8, 1998
Mr. Vilarello: With regard to the proposed millage rate, the first substantive issue discussed shall be the
percentage increase in the millage over the roll back rate necessary to fund the budget. As I understand, the
proposed millage rate is six point two oh increase over the prior millage rate or roll back rate. The specific
purpose of it is to continue to fund Downtown Economic Development programs and it is an increase of
hundred and twenty-two thousand fifty-four dollars ($122,054), which is reflected by the millage increase.
Vice Chairman Plummer: All right. Is there a motion?
Commissioner Gort: So moved.
Vice Chairman Plummer: Moved by Commissioner Gort. Seconded by...
Mr. Vilarello: It is an ordinance.
Commissioner Regalado: Second.
Vice Chairman Plummer: Regalado. It is an ordinance.
Mr. Vilarello: Yes.
Vice Chairman Plummer: Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD]
Vice Chairman Plummer: Patty Allen, do you agree?
Ms. Patty Allen: Yes.
Vice Chairman Plummer: Oh, OK. Just checking. Call the roll.
An Ordinance Entitled -
AN ORDINANCE, WITH ATTACHMENT, RELATED TO
TAXATION, DEFINING AND DESIGNATING THE TERRITORIAL
LIMITS OF THE DOWNTOWN DEVELOPMENT DISTRICT OF
THE CITY OF MIAMI, FLORIDA; FIXING THE MILLAGE AND
LEVYING TAXES IN SAID DOWNTOWN DEVELOPMENT
DISTRICT FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
1998 AND ENDING SEPTEMBER 30, 1999, AT FIVE -TENTHS (5)
MILLS ON THE DOLLAR OF NONEXEMPT ASSESSED VALUE OF
ALL REAL AND PERSONAL PROPERTY IN SAID DISTRICT;
PROVIDING THAT SAID MILLAGE AND THE LEVYING OF
TAXES WITHIN THE TERRITORIAL LIMITS OF THE CITY OF
MIAMI AS REFLECTED IN THE CITY'S MILLAGE LEVY
ORDINANCE FOR THE AFORESAID FISCAL YEAR WHICH IS
REQUIRED BY CITY CHARTER, SECTION 27; PROVIDING THAT
THE FIXING OF THE MILLAGE AND THE LEVYING OF TAXES
HEREIN SHALL BE IN ADDITION TO SPECIAL ASSESSMENTS;
PROVIDING THAT THIS ORDINANCE SHALL NOT BE DEEMED
AS REPEALING OR AMENDING ANY OTHER ORDINANCE
FIXING MILLAGE OR LEVYING TAXES, BUT SHALL BE
DEEMED SUPPLEMENTAL AND IN ADDITION THERETO;
CONTAINING A REPEALER PROVISION, SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
160 September 8, 1998
was introduced by Commissioner Gort, seconded by Commissioner Regalado, and was
passed in first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner 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.
39. 'APPROVE FIRST READING ORDINANCE MAKING APPROPRIATIONS FOR DOWNTOWN'
DEVELOPMENT DISTRICT AD VALOREM TAX LEVY - FOR DOWNTOWN DEVELOPMENT
AUTHORITY - FOR FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER
30, 1999. — REQUEST LIST OF EXPENDITURES IN CONNECTION WITH DOWNTOWN'
CLEANUP.
Vice Chairman Plummer: And now the distribution of the money for Downtown. Anyone wishing to speak
to the disbursement of the appropriations for the DDA (Downtown Development Authority)? Let the record
reflect that no one came forward. Is there...
Commissioner Gort: Move it.
Vice Chairman Plummer: Moved by Gort. Seconded by Regalado. Read the ordinance. I'm sorry.
Commissioner Regalado: I just have a question. In terms of monies for cleaning the area.
Vice Chairman Plummer: Hold on, hold on. You're out of line, unless I get a second to the motion.
Commissioner Regalado: I second it.
Vice Chairman Plummer: Seconded for discussion. Now, you can proceed, sir.
Commissioner Regalado: I wanted to ask how much is allocated for cleaning the downtown area of this
money?
Commissioner Teele: For what?
Commissioner Regalado: Cleaning.
Vice Chairman Plummer: Miss Patty Allen, the question has been asked by Commissioner Regalado.
Again, Mr. Regalado.
Commissioner Regalado: Clean up operation.
Vice Chairman Plummer: Clean up of downtown.
Ms. Patty Allen: The way that the board, which is what allocates the revenues for the Downtown
Development Authority, that falls under urban services. Under urban services, I would have to tally it up, a
complete amount for you. We funded different projects. We have a project called the Downtown
161 September 8, 1998
Enhancement Team and they're formerly homeless people that do landscaping and, you know, fix up and
stuff like that. We have put in applications for infrastructure improvements to clean up downtown and
working very closely with NET (Neighborhood Enhancement Teams). If there's an additional figure that
you want me to tally up for you, I can do that.
Vice Chairman Plummer: I would suggest you do that before second reading.
Ms. Allen: OK.
Commissioner Regalado: The reason I do that is because you were here last Thursday when ... were you here
last Thursday when Keep Florida Beautiful delegation was here?
Ms. Allen: Yes.
Commissioner Regalado: And they did address the issue of downtown and Gwen also gave some
information that I think it's important for downtown and we only need a small amount of resources to put
those programs to work.
Vice Chairman Plummer: OK. Call the roll. I'm sorry. Read the ordinance. Call the roll.
An Ordinance Entitled -
AN ORDINANCE MAKING APPROPRIATIONS FROM THE DOWNTOWN
DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER
MISCELLANEOUS INCOME FOR THE DOWNTOWN DEVELOPMENT
AUTHORITY OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30,
1999; AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTHORITY
TO INVITE AND ADVERTISE REQUIRED BIDS; PROVIDING FOR
BUDGETARY FLEXIBILITY; PROVIDING THAT THIS ORDINANCE BE
DEEMED SUPPLEMENTAL AND IN ADDITION TO THE ORDINANCE
MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999 FOR THE
OPERATIONS FOR THE CITY OF MIAMI; CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Gort, seconded by Commissioner Regalado, and was passed in first
reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner 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.
162 September 8, 1998
40. APPROVE / ADOPT OFF STREET PARKING ANNUAL BUDGET FOR FISCAL YEAR
BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999 ($617,535) - EXCLUDE
DEPRECIATION FOR GUSMAN CENTER FOR PERFORMING ARTS / OLYMPIA BUILDING.'
Vice Chairman Plummer: Item 52, Off -Street Parking. Anyone wishing to speak on Off Street Parking's
budget? Mr. Mariano Cruz, you have two minutes. And this is for the operation Gusman Hall.
Mr. Mariano Cruz: This is job for Gusman Hall or for the whole thing of the Off Street, the whole budget?
Vice Chairman Plummer: Mr. Cook, the six hundred seventeen thousand, the question is, is that the entire
budget for Off Street Parking, including Gusman Hall?
Mr. Clark Cook (Executive Director, Off -Street Parking Department): No, that's the —simply the Gusman
budget. Six hundred and seventeen thousand dollars ($617,000).
Vice Chairman Plummer: And how much of that is subsidy?
Mr. Cook: A hundred and eighty thousand six hundred and ten dollars ($180,610).
Mr. Cruz: Are they getting any monies from the Friends of Gusman Hall?
Mr. Cook: I have the Friends of Gusman right here behind me. I'll let Bobby answer that.
Mr. Cruz: Because I'd like to know because we are subsidizing...
Vice Chairman Plummer: Wait, wait, wait now. Hold on, please. I don't need Mr. Gusman here. The
question was asked...
Mr. Cook: The answer is, I have budgeted no money...
Vice Chairman Plummer: Can you answer the question?
Mr. Cook: I can respond, Commissioner.
Vice Chairman Plummer: OK. Next question.
Mr. Cook: I have budgeted no money in there from the Friends of Gusman. If I get money from the Friends
of Gusman, then that amount of deficit will go down.
Vice Chairman Plummer: Well, this Friend of Gusman got a hundred thousand dollars ($100,000), so let's
take it from there. Now, we're trying to do what we can, to be honest with you, to keep it alive, all right. I
don't know that we're going to make it but at least we're trying. OK?
Mr. Cruz: All right.
Vice Chairman Plummer: All right. All in favor of Item 52... let the record that no one from the public came
forth, except Mariano Cruz, in reference to Item 52. All in favor say "aye." Any...
Mr. Foeman: Commissioner Plummer, I need a moving and aseconder.
Vice Chairman Plummer: I'm sorry.
Mr. Foeman: I need a mover and a seconder.
Vice Chairman Plummer: Moved by Gort. Seconded by Regalado. All in favor say "aye ."
163 September 8, 1998
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-870
A RESOLUTION, WITH ATTACHMENT, APPROVING AND
ADOPTING THE ANNUAL BUDGET OF THE DEPARTMENT OF
OFF-STREET PARKING, ATTACHED HERETO AND MADE A
PART HEREOF, FOR FISCAL YEAR COMMENCING OCTOBER 1,
1998 AND ENDING SEPTEMBER 30, 1999, IN THE AMOUNT OF
$617,535, EXCLUDING DEPRECIATION, FOR THE OPERATION
OF GUSMAN CENTER FOR THE PERFORMING ARTS AND THE
OLYMPIA BUILDING.
(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.
41. APPROVE / ADOPT OFF STREET PARKING ANNUAL BUDGET (FY 1998-99) -- FOR
$7,299,983 EXCLUDING DEPRECIATION AND OTHER EXPENSES OF $1,716,286.
Vice Chairman Plummer: Fifty-three is the budget of seven million two hundred ninety-nine thousand nine
hundred and eighty-three, excluding depreciation of one million seven one six two eighty-six of the
Off -Street Parking. Does anybody wish to speak on that? Mr. Mariano Cruz.
Mr. Mariano Cruz: Yes. OK. We got all that Oversight Board over us and we know that there is some
excess money in that Off -Street Parking. There is some of that money coming back to the City because
whenever I go...
Vice Chairman Plummer: Yes, sir, the Five -Year Plan, two million a year, is coming back for the next five
years.
Mr. Cruz: It's coming back, OK.
Vice Chairman Plummer: Two ... it's a little over two. All right. Anyone else wishing to discuss the
Off -Street Parking budget? All in favor say "aye." Any opposition? Show unanimous.
Mr. Foeman: Excuse me, I need a moving and a seconder.
Vice Chairman Plummer: I'm sorry?
164 September 8, 1998
Mr. Foeman: I need a mover and a seconder.
Vice Chairman Plummer: Moved by Gort. Seconded by Regalado. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposition? Show unanimous ballot.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-871
A RESOLUTION, WITH ATTACHMENT(S), APPROVING AND
ADOPTING THE ANNUAL BUDGET OF THE DEPARTMENT OF
OFF-STREET PARKING FOR FISCAL YEAR COMMENCING
OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999,
ATTACHED HERETO AND MADE A PART HEREOF, IN THE
AMOUNT OF $7,299,983, EXCLUDING DEPRECIATION AND
OTHER NON -OPERATING EXPENSES OF $1,716,286.
(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.
42. APPROVE BAYFRONT PARK MANAGEMENT TRUST OPERATIONS AND MAINTENANCE
BUDGETS FOR FISCAL YEAR 1998-1999
Vice Chairman Plummer: Item 54, Bayfront Park. Anyone wishing to speak on Bayfront Park's budget? If
not...
Commissioner Gort: I got questions.
Vice Chairman Plummer: Oh, I'm sure. Here it comes. Can we go back to DDA? What's your question,
sir? Moved by Gort. Seconded by Regalado. All in favor say "aye."
Vice Chairman Plummer: Mr. Katz, the question is, what's the total budget?
165 September 8, 1998
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-872
A RESOLUTION, WITH ATTACHMENT(S), APPROVING THE
BAYFRONT PARK MANAGEMENT TRUST OPERATIONS AND
MAINTENANCE BUDGETS FOR FISCAL YEAR 1998-1999,
ATTACHED HERETO AND MADE A PART HEREOF.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by 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.
Mr. Ira Katz (Executive Director, Bayfront Park Management Trust): Three million seven hundred ninety
thousand, including the capital.
Vice Chairman Plummer: Why isn't that on the agenda in the item ... on the agenda item?
Mayor Carollo: Three million seven hundred and ninety thousand, including capital. How much overtime
do you have there?
Vice Chairman Plummer: None.
Mr. Katz: There's no overtime.
Vice Chairman Plummer: You bet. I wouldn't allow a dime of it.
Mayor Carollo: You gave it to them ahead of time, huh?
Mr. Katz: The Chairman would have told me if he'd let us.
Vice Chairman Plummer: Yeah, get out the whip. OK, that concludes budget on first hearing. The second
hearing is scheduled for September the 28th at five oh five.
166 September 8, 1998
Commissioner Teele: Mr. Chairman?
Vice Chairman Plummer: Mr. Teele.
Unidentified Speaker: What happened to my questions?
Vice Chairman Plummer: All right.
Commissioner Teele: Mr. Chairman, three things. First, relating to the overall budget appropriations. I
think a lot of work has been done. I'm very concerned, however, that our parks ...and I've shared this with
you privately, Mr. Manager, again today. I really think that we've got to work in a spirit of cooperation on
how we can enhance our parks. I think one of the pressures that's going to be on us as we move toward this
Safe Neighborhood Parks Bond is that people are going to see these press releases and these openings of
these capitals but we're really not putting the operating dollars to match it and it is a reoccurring problem. I
specifically requested the Manager to do a study of the parks in Little Haiti and to present that as a part of
the budget process. That's not on the agenda now. I would hope, Mr. Manager, that we can put it on for the
second reading, that resolution, and that resolution would request that the State, as opposed to the City of
Miami trying to appropriate the money, that I really believe that we need to go to the State and I think there's
been a lot of work being done on that. Several legislators have called and expressed their willingness. I
would ask, Mr. Manager, that you put that item on right behind ...as a resolution... right behind the
appropriations ordinance for second reading because I think we can get support from the State on the Parks'
budget.
Mr. Donald Warshaw (City Manager): It is scheduled for the 28th.
Commissioner Teele: Yeah. And, again, I would hope that those resolutions and those memorandums
would reflect who's requesting them. Again, I have a real concern in a representative/single member district
in form of government, when Commissioners, who are representing their districts, are not acknowledged in
terms of what they're moving it and it appears that the Manager or the Parks Director or someone is doing
this. It is very, very important, I think, that we really work toward getting dollars in. And I just want to be
on record, with the Mayor and the Commission, that I really think that one of things that we're going to have
to look at in the next year and the following year is how we can increase our operating dollars for Parks. It's
fine to put twenty million dollars ($20,000,000)... how much capital money are we putting in Parks?
Mr. Alberto Ruder(Parks Director): Well, we have twenty-one million.
Mr. Warshaw: About twenty-one million.
Commissioner Teele: About twenty-one million. But, Mr. Mayor, I think this is going to wind up being a
real embarrassment if we're not able to maintain or we're not able to generate more operating dollars for our
parks and so I want to be on record as expressing that as a concern, not that parks is more important than
anything else but I really do think that when you go out here and you put this kind of capital money, the
public has a right to expect you're going to do more programs and we're not going to be doing a lot more
programming, I don't think. The other thing...
Vice Chairman Plummer: Well, Mr. Teele, so that there's no misunderstanding, may I please? That
twenty-one million they just expressed to you is not for a single year. Mr. Ruder, how many years is that
twenty-one million over?
Mr. Alberto Ruder: That's over a five or seven year period.
167 September 8, 1998
Vice Chairman Plummer: OK. So, you know, if somebody would have heard your statement and they
would think that it's twenty-one million this year...
Commissioner Teele: Well, it's the Safe Neighborhoods Bonds Program, so ... I mean, they know what they
voted on but I appreciate the correction of the record on that.
Vice Chairman Plummer: Yes.
Commissioner Teele: But I think it's important for this Commission to know that, while I have been
concerned about the lack, there is not one park in Little Haiti ... I mean, and I don't think there is any major
area of a community that is any of us can look at and say there's not one major park in a community,
particularly a community that as growing and as dynamic as the Haitian community is, and rather than
asking the City Commission to put money up, what I'm hoping is that we will approve a resolution
supporting the notion but as asking the State Legislature to work with us as a very high priority item and I
know that a number of people have expressed an interest in coming and speaking on that issue and I would
hope that it be listed in the budget. The second area relates to the matter ... Mr. Manager, related to Off Street
Parking and the resolution that we had agreed would be there. I don't know if that resolution is clear but,
Mr. Budget Director and Mr. City Attorney, I would hope that there's a clear resolution redirecting those
funds from the Off Street Parking into the redevelopment area as was contemplated before the funds were
redirected out as it relates to Gusman and there's been agreement in that but there needs to be a very clear
resolution that there has been discussion on that, at least on three separate occasions, and they did not come
forward. But I'll be happy to take it up with you.
Vice Chairman Plummer: All right. That takes care of it.
44. COMMENTS CONCERNING RECURRING REVENUES AND PENSION TO DECREASE FEES'
AND ODIO"S PENSION. — SEE LABEL 34
Vice Chairman Plummer: Now, this lady asked two questions. Hello. Mr. Manager. The first question was
in relations to what are you doing to find other recurring revenues for the coming year? Mr. City Attorney,
be prepared. You're next. Answer the lady's question.
Mr. Donald Warshaw (City Manager): The City Commission has directed me, directed the administration to
aggressively work this next year to do everything it can, from looking at the appraisals of buildings to
aggressively issuing RFPs (Requests for Proposals) on city properties to develop them and bring in recurring
revenues, looking at fees that don't impact on tax payers and residents of the City of Miami and this is one of
the highest priorities of the administration, to bring in these revenues and hopefully give the Commission
some options later on in this fiscal year as it relates to the possibility of looking at some of the fees and
taxing increase that have been implemented. So, there is nothing of a higher priority for me. And I think the
Commissioners made it very clear that this is what they expect and want and I'm certainly committed to
carry that out.
Vice Chairman Plummer: You're sounding like a Manager.
Mr. Warshaw: Well, thank you.
Vice Chairman Plummer: The next question was about the pension for a former Manager.
Mr. Alejandro Vilarello (City Attorney): At the request of Commissioner Regalado, I appeared before the
Pension Board and specifically requested that they reconsider their decision towards Cesar Odio's pension.
After they listened carefully to the issues, they decided to ... not to reconsider the issue and continue to
provide that pension to Mr. Odio.
Ms. Miriam Fernandez: Can I ask, where is this pension money coming from?
168 September 8, 1998
Vice Chairman Plummer: From the employees' 10 percent donation by each employee. They have not
taken any subsidy from the City for over a period of seven years. Their funds and generation and good
investments have made more money than was necessary to keep it balanced and funded.
Ms. Fernandez: Are these employees of government?
Mr. Vilarello: If any further questions, Commissioner, she should do it on the record.
Vice Chairman Plummer: These employees are employees of the City. Employees of the City. OK.
Ms. Fernandez: So, then, it's our tax money?
Vice Chairman Plummer: It is not your tax money, ma'am. It comes from their salary.
Ms. Fernandez: The salary comes from the tax ... from the City.
Mr. Vilarello: Commissioner, if she continues to ask questions, she should do so on the public record after
identifying herself.
Vice Chairman Plummer: All right. I think we've answered her question. If she wishes to discuss it further,
then I would ask her to get with you privately. OK.
Commissioner Teele: Mr. Chairman, one other lady...
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: One other lady asked a question about the use of technology and the Manager said
that they would answer that question.
Vice Chairman Plummer: I'm sorry, sir. I did not hear that. I was probably out doing something that
nobody else could do for me. Reference to technology.
Commissioner Teele: That was a gentleman, by the way.
Mr. Warshaw: Right, it was a gentleman, and I don't think he's here and I'm not exactly sure what his
question was but he talked about technology. I don't think he was referring to...
Commissioner Regalado: He was talking about private ... no. Private industry using the new technology to
advance...
Mr. Warshaw: And I think what he was talking about... correct me if I'm wrong... partnering and seeking
information from the private sector and working with what's available in the private sector to enhance the
City, hopefully, at no additional cost. I think we've done some of those things and, you know, I intend to
continue to reach out and work with committees and work with people in the private sector to get them to
share with us what it is they have to offer. Again, I don't think he was referring to the technology in terms of
equipment. The City's technologically sound and will be even more so in the years to come with some of the
new equipment purchases but...
Vice Chairman Plummer: Thank you, sir.
Mr. Warshaw: Thank you.
169 September 8, 1998
45. APPOINT COMMISSIONER SANCHEZ / CLEVEJONES / STEVE OWENS TO MIAMI RIVER
COMMISSION —'.SEE LABEL'' 50.
Vice Chairman Plummer: The Mayor has asked that we take up, out of order, so that he can leave, Item 43,
and that's appointment of Commission... to the Miami River Commission. Mr. Mayor.
Mayor Carollo: Thank you, Commissioner.
Vice Chairman Plummer: Your nomination?
Mayor Carollo: I'm going to nominate Commissioner Sanchez for my appointment.
Vice Chairman Plummer: Oh, boy. Do you know what you're doing? I would like to appoint Mr. Cleve
Jones.
Commissioner Regalado: I second that.
Commissioner Gort: I'd like to appoint Steve Owens.
Vice Chairman Plummer: Owens? OK. Motion in order to approve the names proffered. By
Commissioner Gort. Seconded by Regalado. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Show unanimous ballot.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO.98-873
A MOTION APPOINTING COMMISSIONER JOE SANCHEZ, CLEVE
JONES AND STEVE OWENS AS MEMBERS OF THE MIAMI RIVER
COMMISSION.
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.
170 September 8, 1998
46. APPROVE FIRST READING ORDINANCE AMENDING CHAPTER 50 OF CODE, ENTITLED:
"SHIPS, VESSELS, AND WATERWAYS",''-- REPEAL ALL REFERENCES TO CERTIFICATES OF
PUBLIC CONVENIENCE AND NECESSITY RELATING TO DOCKAGE OF COMMERCIAL
VESSELS.
Vice Chairman Plummer: We'll now go back to the regular agenda. We're on Item Number 40. Item 40.
This is in reference to the Miamarina.
Mr. Donald Warshaw (City Manager): Companion item to...
Vice Chairman Plummer: Item 39, which was bombarded.
Mr. Alejandro Vilarello (City Attorney): Read the ordinance?
Commissioner Gort: My understanding...I have a question, Mr. Chairman.
Vice Chairman Plummer: Mr. Gort, on Item 40.
Commissioner Gort: My understanding, the Item 40, presently we have an ordinance... states that no one,
who's not a resident of the City of Miami or Dade County can have a business place, although they can have
an occupational license any other place. At the Miamarina, they're not allowed to do so. My understand,
what this ordinance does, it allow it to ... people not residents of Dade County or City of Miami to get an
occupational license and open up business in Bayside.
Ms. Christina Abrams (Director, Public Facilities): Correct.
Commissioner Gort: Is that my understanding?
Ms. Abrams: Correct. And that's in order to allow new businesses to come into ... its not onlyMiamarina.
It's all City facilities.
Commissioner Gort: I move for it.
Vice Chairman Plummer: All right. Item 40. Moved by...
Commissioner Regalado: Second.
Vice Chairman Plummer: By Gort. Seconded by Regalado. Read the ordinance. Call the roll. This is Item
40.
171 September 8, 1998
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 50 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"SHIPS, VESSELS, AND WATERWAYS", BY REPEALING ALL
REFERENCES TO CERTIFICATES OF PUBLIC CONVENIENCE
AND NECESSITY RELATING TO COMMERCIAL VESSELS, AS
HEREIN DEFINED; PROVIDING FOR APPLICATION FOR
COMMERCIAL DOCKAGE AND REGULATIONS FOR THE
REAPPLICATION FOR DOCKAGE AFTER REVOCATION BY THE
CITY OF MIAMI; MORE PARTICULARLY BY: REPEALING
SECTIONS 50-61 THROUGH 50-67 IN THEIR ENTIRETY, ADDING
NEW SECTIONS 50-61 AND 50-343, AND AMENDING SECTIONS
50-1, 50-69, 50-221, 50-276, 50-301 AND 50-338; 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.
47. DEFER TO SCHEDULED MEETING OF SEPTEMBER 28, 1998 DISCUSSION REGARDING'
PROPOSED ORDINANCE TO CREATE CULTURAL AND FINE ARTS BOARD.
Vice Chairman Plummer: Item 41. Is this Regalado's request. Commissioner, I would ask, if you
would ... I'm not sure that I know the full concept of this.
Commissioner Sanchez: Well, the lady's gone and I ask for a deferral.
Vice Chairman Plummer: I'm sorry?
Commissioner Sanchez: Defer because she's gone, the lady.
Vice Chairman Plummer: I would like to get it deferred because I ... let me tell you why. We are
contemplating in Bayfront Park a very large proposal, which I'll be bringing to this Commission, called Art
Park and I think that the two of those working in concert could do wonders and we are looking to outside
monies for the Boards, so I would move this over to the meeting in September 28th with your approval.
Commissioner Regalado: No problem.
Vice Chairman Plummer: All right.
Commissioner Regalado: September 28th it will be.
172 September 8, 1998
Vice Chairman Plummer: All right.
Commissioner Gort: We're going to be here two days. That agenda looks bigger every day.
[NOTE FOR THE RECORD: ITEM 40 WAS DEFERRED UNTIL SEPTEMBER 28, 1998.]
48. DEFER iCONSIDERATION OF COST AND TIME TO PERFORM FIREJPOLICE
OPERATIONAL REVIEW.
Vice Chairman Plummer: All right. My request on 42 is ... this is the Operational Review and Strategic Plan.
That will be, of course, addressed in the disbursements of the next Commission meeting.
[NOTE FOR THE RECORD: ITEM 42 WAS DEFERRED]
49, APPOINTMENTS AND REAPPOINTMENT TO AFFIRMATIVE ACTION ADVISORY BOARD,
Vice Chairman Plummer: The next item is Item 44. Item 44, Miami Affirmative Action Board. Mr. Gort,
you have two appointments.
Commissioner Gort: I'll pass.
Vice Chairman Plummer: Mr. Sanchez, you have one appointment.
Commissioner Sanchez: I'll pass.
Vice Chairman Plummer: And I'll pass on mine.
Commissioner Gort: Wait a minute, wait a minute. Which one you're talking about?
Vice Chairman Plummer: Fort} -four.
Mr. Foeman: Commissioner Plummer?
Vice Chairman Plummer: Affirmative Action Board.
Mr. Foeman: Excuse me. On Item 44, there's a confirmation also by the Firefighters Union of Lieutenant
Pidermann.
Vice Chairman Plummer: Excuse me? We did 43.
Mr. Foeman: No, 44, the Affirmative Action Board.
Vice Chairman Plummer: What is the correction on 43?
Mr. Warshaw: On 43 you appointed Cleve Jones. You need to make the second appointment from this list.
Commissioner Regalado: No, no, no, that's not the one.
Mr. Foeman: No, no. This is...
Commissioner Regalado: It's Lieutenant Pidermann, 44.
Vice Chairman Plummer: This was 43.
173 September 8, 1998
Mr. Foeman: Yeah, Lieutenant Pidermann is a confirmation.
Vice Chairman Plummer: Why are we listening to...
Commissioner Regalado: J.L., just ... I'll move it. I'll move it.
Vice Chairman Plummer: Move what?
Commissioner Regalado: Don't worry.
Mr. Foeman: On Item 44, there's a confirmation by the Firefighters Union of Lieutenant Pidermann, in
addition to the Commission appointments. There were five Commission appointments, sir.
Vice Chairman Plummer: That's the one at large.
Mr. Foeman: Yes.
Vice Chairman Plummer: That's correct. So, let's go ahead and just accept that one and the others are
deferred until the next meeting.
Commissioner Gort: No, I'm sorry. I reappoint the same individuals that I had before.
Vice Chairman Plummer: All right. Mr. Gort, do you have the names?
Commissioner Gort: Yes. Dr. Marrero.
Mr. Foeman: Nora Hernadez Hendrix.
Vice Chairman Plummer: All right. And who are mine?
Mr. Foeman: Yours are ... well, Robert Grill was...
Vice Chairman Plummer: He's out.
Mr. Foeman: He's out, excessive absence.
Vice Chairman Plummer: And the other one?
Mr. Foeman: And Vicki Leyva resigned.
Vice Chairman Plummer: All right. So, then, I'll have to cant' it over. OK. The names proffered are the
names accepted. All right. All in favor of 44, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-874
A RESOLUTION RE -APPOINTING CERTAIN INDIVIDUALS AND
CONFIRMING THE APPOINTMENT OF AN INDIVIDUAL AS
MEMBERS OF THE CITY OF MIAMI AFFIRMATIVE ACTION
ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
174 September 8, 1998
(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.
50, APPOINT COMMISSIONER JOE SANCHEZ'/ CLEVE JONES ERNEST MARTIN TO MIAMI'
RIVER COMMISSION SEE LABEL 45.
Vice Chairman Plummer: Now, let's get back to 43.
Mr. Donald Warshaw (City Manager): You have to choose one name in accordance with the legislation
from that list.
Commissioner Regalado: I move Cleve Jones.
Mr. Warshaw: Cleve Jones is acceptable as the second name.
Vice Chairman Plummer: OK. So, the second name has to come from one of these lists: Spring Garden,
Miami River or Grove Park. And since you made Mr. Owens and it's been pulled...
Commissioner Gort: At large.
Vice Chairman Plummer: Since you've put...
Mayor Carollo: Well, you put Cleve Jones. You're the one
who put Cleve Jones.
Vice Chairman Plummer: I put Cleve Jones, yes.
Mr. Warshaw: Either Cleve Jones or Mr. Owens would be acceptable as one appointment. Now, you need
to make the second appointment from that list.
Vice Chairman Plummer: All right. Let me speak for Mr. Jones since I made that nomination. The man is a
long time, well known marina operator and boat operator on the Miami River. The man has tremendous
knowledge and experience. He's been there ever since I was a kid and I don't think that we could do
anything better than Mr. Jones, so I'm speaking for ... in his behalf. Unless we come down to a knock down
vote, if somebody wants to proffer one of the names proffered here of Spring Garden, Charles Flowers,
Prescilla Greenfield, Ernest Martin, Jane Caparelli, Sallye Jude, who's
Commissioner Teele: Ernie Martin.
Unidentified Speaker: Sallye Jude's already been appointed by...
Vice Chairman Plummer: Sallye Jude has already been appointed. David Turner.
Commissioner Gort: Ernest Martin.
175 September 8, 1998
Commissioner Teele: Ernie Martin.
Vice Chairman Plummer: Ernest Martin is the name proffered and so be it. OK. So, change it. All in favor
of that change, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed? That's so ordered.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-875
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS
MEMBERS OF THE MIAMI RIVER COMMISSION.
(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.
51. NOMINATE ARLES CARBALLO I DOROTHY QUINTANA --REAPPOINT REV. JOHN WHITE
TO SERVE ON FEDERAL ENTERPRISE COMMUNITY COUNCIL.
Vice Chairman Plummer: Oh, my God. Item 45.
Commissioner Teele: This is kind of confusing.
Vice Chairman Plummer: Extremely confusing.
Commissioner Teele: It's my understanding that we can ... I want to nominate Reverend John White. He was
previous appointment?
Mr. Walter Foeman (City Clerk): Yes. The Commission has two options. They can either reappoint one of
the three people who were previously appointed to the different areas. John White was appointed from
Overtown and he can be re -appointed.
Commissioner Teele: I would move the reappointment of Reverend John White from Overtown.
Vice Chairman Plummer: OK. That's only one.
Mr. Foeman: And, as to the other two... Frank Johnson was originally appointed from Little Havana and I
believe Commissioner Sanchez wanted to proffer a name, but if he proffers a name, it has to be forwarded
over to the County because the County has requested that each member of the Commission provide five
names for them to consider, so...
176 September 8, 1998
Commissioner Sanchez: Mr. City Clerk, I have planning two people to that committee or just one?
Mr. Foeman: No. There are only three vacancies currently that exist on the Federal Enterprise Council.
Commissioner Sanchez: OK. I have one. His name is Arles Carballo.
Mr. Foeman: OK. But what we're doing now, if I accept...
Vice Chairman Plummer: From what are, Little Havana?
Commissioner Sanchez: Little Havana.
Vice Chairman Plummer: And Commissioner Teele has made...
Commissioner Teele: Re -appointing Reverend White. With a reappointment you don't have to send five
names.
Mr. Foeman: No, you don't have to send five names for a reappointment.
Vice Chairman Plummer: OK. Who was my appointment?
Mr. Foeman: You didn't proffer a name. If we could put...
Vice Chairman Plummer: Well, I would assume Wynwood is in my district now.
Mr. Foeman: Well, you had requested for Wynwood that I accept the resume of Dorothy Quintana.
Vice Chairman Plummer: All right.
Mr. Foeman: And I've received that resume. I can forward it on if that's the will of the Commission.
Commissioner Teele: But you need four more names.
Vice Chairman Plummer: All right.
Mr. Foeman: Right. We need five names to forward over to the County. That's 25.
Vice Chairman Plummer: All right. Well, Dorothy Quintana to start with and I'll give you the rest of the
names at a later time.
Mr. Foeman: Each member of the Commission is suppose to provide a name to comprise the five and I
forward those five over to the County.
Vice Chairman Plummer: In my district they're going to make nominations?
Mr. Foeman: Yeah, the County makes the decision from that five per area.
Commissioner Teele: Now, you know, you represent the Grove, you represent downtown, you represent
upper east side.
Commissioner Sanchez: He represents the City of Miami.
Vice Chairman Plummer: Woa, woa, woa. I did not say anything about Overtown. I did not say anything
about Little Havana.
Commissioner Teele: I don't know where ... look, I will be happy to yield but just ... lefs just agree that we
177 September 8, 1998
both represent Wynwood. I have at least two precincts of Wynwood in my district. All of the area along 7th
Avenue.
Vice Chairman Plummer: How did I let that happen?
Commissioner Teele: I don't know, J.L., but I'll be happy to yield.
Vice Chairman Plummer: Excuse me. Do you have anybody for Wynwood?
Commissioner Teele: I'll be happy to nominate as my appointment DorothyQuintana.
Vice Chairman Plummer: Oh, thanks. Where did I hear that before?
Mr. Foeman: OK. But each member of the Commission gets ... list one name.
Vice Chairman Plummer: We will give them to you later.
Mr. Foeman: OK.
Vice Chairman Plummer: Those names proffered have ... be accepted.
Mr. Foeman: Now, what about John White as ... is he going to be re -appointed?
Vice Chairman Plummer: That's already... that's a name to be accepted.
Commissioner Teele: That's a reappointment.
Mr. Foeman: OK. All right.
Vice Chairman Plummer: Quit arguing.
Commissioner Gort: I have two.
Vice Chairman Plummer: What?
Commissioner Gort: I have two.
Vice Chairman Plummer: All right. Put your names in there.
Commissioner Gort: Miriam Una and Johnny Mathis.
Commissioner Teele: From where?
Vice Chairman Plummer: Well, wait a minute. Where would MiriamUrra...
Commissioner Gort: Allapattah.
Vice Chairman Plummer: That's ... Allapattah is not one.
Mr. Foeman: No, Allapattah is not one.
Vice Chairman Plummer: It's Little Havana, Overtown and Wynwood.
Mr. Foeman: Only Wynwood.
Vice Chairman Plummer: We don't like you.
178 September 8, 1998
Mr. Foeman: It's only three...
Commissioner Gort: So, you're going to maintain the same people you have in Allapattah?
Commissioner Teele: Yeah.
Vice Chairman Plummer: All right.
Mr. Foeman: Those terms have been expired in Allapattah.
Vice Chairman Plummer: All in favor of the names proffered on Item 45, vote "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposition? Show it unanimous.
The following resolutions were introduced by Commissioner Gort, who moved their adoption:
RESOLUTION NO. 98-876
A RESOLUTION RE -APPOINTING AN INDIVIDUAL TO
REPRESENT THE NEIGHBORHOOD OF OVERTOWN ON THE
FEDERAL ENTERPRISE COMMUNITY COUNCIL.
RESOLUTION NO. 98-876.1
A RESOLUTION NOMINATING CERTAIN INDIVIDUALS TO
REPRESENT THE NEIGHBORHOODS OF LITTLE HAVANA AND
WYNWOOD, FROM WHICH SAID NOMINEES THE BOARD OF
COUNTY COMMISSIONERS WILL SELECT ONE INDIVIDUAL
FROM EACH NEIGHBORHOOD TO SERVE ON THE FEDERAL
ENTERPRISE COMMUNITY COUNCIL.
(Here follows body of resolutions, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolutions were 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.
179 September 8, 1998
52. APPOINT LUIS FERNANDEZ TO MIAMI BAYSIDE MINORITY FOUNDATION.
Vice Chairman Plummer: Forty-six. Bayside Minority Foundation. Whose appointment is that?
Commissioner Gort: Mine. Luis Fernandez.
Vice Chairman Plummer: Who said it was yours?
Commissioner Sanchez: Why is it yours?
Vice Chairman Plummer: Yeah, what are you, taking over the city?
Commissioner Teele: He didn't have an appointment on the Enterprise.
Commissioner Gort: I never had an appointment. I need one. Luis Fernandez.
Vice Chairman Plummer: So be it. The name of Luis Fernandez be accepted. All in favor say "aye." All in
favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All oppose? Unanimous.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-877
A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER
OF THE BAYSIDE MINORITY FOUNDATION.
(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.
53. DEFER APPOINTMENTS TO HEALTH FACILITIES AUTHORITY.
Vice Chairman Plummer: Health Facilities Authorities. Sanchez.
Commissioner Sanchez: Pass.
Vice Chairman Plummer: Teele?
Commissioner Teele: Sir?
180 September 8, 1998
Vice Chairman Plummer: Who do you have?
Commissioner Teele: I pass.
Vice Chairman Plummer: All right. Forty,seven is passed.
54. APPOINT CHARLES FLOWERS JUVENAL PIMA / FIDEL PEREZ TO SERVE AS REGULAR
MEMBERS OF THE ZONING BOARD. — READVERTISE FOR MORE APPLICATIONS FOR
ZONING BOARD.
Vice Chairman Plummer: On the next item, 48. Zoning Board term designated. I pass.
Commissioner Teele: I would appoint...
Commissioner Sanchez: Re ... no.
Commissioner Teele: There's a problem. This has got to be readvertised because you don't have enough
names.
Mr. Walter Foeman(City Clerk): Yeah. We only received three names... actually, one additional name today
but Commissioner...
Commissioner Teele: Move that you readvertise but I would appoint Charles Flowers, who applied, and he's
a member of the Affirmative Action Board.
Mr. Foeman: Yes.
Commissioner Teele: And he would ... he has advised me that he would resign from the Affirmative Action
if he's approved...
Mr. Foeman: I think the City Attorney can opine as to whether or not there's any dual office holding issues
with respect to that particular board. Affirmative Action and Zoning Board, that can be legally opined by
the City Attorney.
Mr. Alejandro Vilarello (City Attorney): I'd have to review that. You're saying, Mr. City Clerk
Mr. Foeman: Mr. Flowers is a member...
Mr. Vilarello: ...that they could hold both positions?
Mr. Foeman: He's a member of Affirmation Action, so I guess we need to determine whether or not, as a
dual office holder...
Commissioner Teele: He told me he would resign if required, so I nominate him to the Zoning as an
applicant, which he has done, pending a determination as to whether he needs to resign from the Affirmative
Action to accept the appointment.
Vice Chairman Plummer: The name?
Commissioner Teele: The name is Charles Flowers.
Vice Chairman Plummer: OK. Oh, from Spring Garden.
Commissioner Teele: Yes, sir.
181 September 8, 1998
Vice Chairman Plummer: Nice guy.
Commissioner Teele: He's a very fine gentleman. He is away out of the Country and ... for the next 30 days.
Vice Chairman Plummer: He is one nice guy.
Commissioner Sanchez: Mr. City Clerk?
Mr. Foeman: Yes.
Vice Chairman Plummer: All right. Is that ... that! s only one.
Commissioner Teele: That's one. But we only have one person who's in the area.
Vice Chairman Plummer: OK.
Commissioner Sanchez: And I have two appointments, is that correct, City Clerk?
Mr. Foeman: That's right.
Commissioner Sanchez: One of them is to reappoint Juvenal Pina.
Mr. Foeman: OK. We received this ... his resume after the deadline and we distributed it to the Commission.
You guys can...
Commissioner Sanchez: And the other appointment is Fidel Perez.
Mr. Foeman: We also received that today.
Commissioner Sanchez: He's also —the application today.
Mr. Foeman: Also distribute that one to the Commission.
Commissioner Sanchez: So, what does it take, a motion or...
Mr. Foeman: It takes a motion by the Commission.
Commissioner Sanchez: OK.
Commissioner Teele: He just moved it. I second it.
Commissioner Sanchez: I moved it.
Mr. Foeman: Yeah.
Commissioner Teele: Second.
Commissioner Sanchez: Second.
Vice Chairman Plummer: What? Have you made both your appointments?
Commissioner Sanchez: There's been a motion and a second.
Vice Chairman Plummer: Give me the names.
Commissioner Sanchez: The name is Fidel Perez for Zoning Board.
182 September 8, 1998
Vice Chairman Plummer: OK. Motion made and duly seconded by Commissioner Teele with the names
proffered be accepted. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Show it unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-878
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS
REGULAR MEMBERS OF THE ZONING BOARD FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: We have now overlooked a very important item. I need a motion approving the
minutes of the meeting of January 27, 1998 and the Special Meeting of March the 5, 1998. Is there a
motion?
Commissioner Sanchez: Move.
Vice Chairman Plummer: Is there a second? OK. All in favor say "aye." Show ... all right.
The Commission (Collectively): Aye.
[NOTE FOR THE RECORD: THE MINUTES OF JANUARY 27, 1998 AND MARCH 5, 1998 WERE
APPROVED]
Vice Chairman Plummer: Mr. Regalado...is there anything else, Mr. Clerk, we haven't covered? What's
Item 47?
Mr. Foeman: Forty -Seven is the Health Facilities Authority.
Vice Chairman Plummer: And that was passed on but it's blank up on the board. Mr. Regalado, do you
have pocket items?
Commissioner Regalado: No.
Vice Chairman Plummer: None. Mr. Teele, do you have pocket items?
183 September 8, 1998
55. APPROVE EMERGENCY ORDINANCE ESTABLISHING BOND DEFESANCE ;FUND --
APPROPRIATING $3133,317. FOR PURCHASE OF US TREASURE' SECURITIES FOR
DEPARTMENTS OF OFF-STREET PARKING.
Commissioner Teele: There is a matter that the Budget Officer ... Mr. Attorney, would you read it? It's a
matter that I am sponsoring totally for the purpose of supporting the management on Off Street Parking.
Mr. Alejandro Vilarello (City Attorney): This is an emergency ordinance restricting funds for the bond
defeasance and appropriating such funds in the amount of three million one hundred thirtythree thousand
three hundred seventeen dollars for the sole purpose of purchasing U.S. Treasury Securities to be held until
the refinancing of the Department of Off Street Parking bonds occurs as contemplated pursuant to Ordinance
11692, containing a repealer provision, a severability clause and providing for an effective date.
Vice Chairman Plummer: Is there a motion?
Commissioner Gort: I'm sorry, what was that again?
Vice Chairman Plummer: Is there a motion?
Commissioner Gort: Excuse me.
Commissioner Sanchez: Second.
Vice Chairman Plummer: Who made the motion?
Commissioner Teele: I moved it.
Vice Chairman Plummer: Hey, woa. Now, let's stop and let's everybody sit down, take a deep breath. Mr.
Teele is the one who asked for the motion. Mr. Gort did not hear it. Repeat the motion.
Commissioner Gort: Slowly.
Mr. Vilarello: The ordinance?
Vice Chairman Plummer: The ordinance.
Mr. Vilarello: It's an emergency ordinance (read again into record)
Vice Chairman Plummer: Moved by Teele. Seconded by Gort.
Commissioner Teele: And, again, I apologize. I'm doing this as a convenience for the management and the
Off -Street Parking but this is a very large amount of money and it really should not be handled by a pocket
item.
Vice Chairman Plummer: And you don't have to make excuses. Call the roll on the ordinance.
COMMENTS MADE DURING ROLL CALL:
Commissioner Gort: Who gets the interest?
Mr. Foeman: Roll call.
Vice Chairman Plummer: Who gets the interest?
Mr. Vilarello: The City...
184 September 8, 1998
Ms. Julie Weatherholtz: The City does.
Mr. Vilarello: The City continues to hold the funds.
Commissioner Gort: OK, yes. If we get the money, yes.
An Ordinance Entitled -
AN EMERGENCY ORDINANCE RESTRICTING FUNDS FOR
BOND DEFEASANCE AND APPROPRIATING SUCH FUNDS IN
THE AMOUNT OF $3,133,317 FOR THE SOLE PURPOSE OF
PURCHASING U.S. TREASURY SECURITIES TO BE HELD UNTIL
THE REFINANCING OF THE DEPARTMENT OF OFF-STREET
PARKING BONDS OCCURS, AS CONTEMPLATED PURSUANT
TO ORDINANCE NO. 11692; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR
AN EFFECTIVE DATE.
was introduced by Commissioner Teele and seconded by Commissioner Sanchez, for adoption as an
emergency measure, and dispensing with the requirement of reading same on two separate days, was
agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Teele and seconded by Commissioner Sanchez,
adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11696.
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: All right, sit down, sit down, sit down. Mr. Sanchez, you have pocket items?
Mr. Vilarello: Did you call twice?
Commissioner Sanchez: None.
185 September 8, 1998
Vice Chairman Plummer: Mr. Gort, do you have pocket items?
Commissioner Gort: No pocket items.
Vice Chairman Plummer: All right. I've got to go through this litany here. None of these involve any new
expenditures of funds.
Commissioner Sanchez: How many do you have?
Vice Chairman Plummer: I have four total, three for Bayfront Park and I'll try to go through them as quick
as possible. The first one is in relations to the transfer of stock on the Merrill Stevens ... have you been
through this, Mr. City Attorney, the transfer of the stock of Southern Cross over to the other Century
Partners Group?
Mr. Alejandro Vilarello(City Attorney): No. I've been involved to the extent that I understand that there's a
request...
Vice Chairman Plummer: All right. Pass out the resolution. It's in principle and it would have to be, of
course, subject to your approval.
[AT THIS POINT, COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE PUBLIC
RECORD.]
Mr. Warshaw: Just one thing for the record.
Vice Chairman Plummer: OK.
Mr. Warshaw: Number one, there is not an existing lease now.
Vice Chairman Plummer: I'm aware.
Mr. Warshaw: OK.
Vice Chairman Plummer: OK. This has to be to the approval of both of you. That's the only way that it
goes, all right. And I also have, and I will surrender to the Clerk, a letter from the proponent, the most
applicant that he has no conflict with that transfer, OK. All in favor...
Mayor Carollo: Woa, woa. Time out.
Vice Chairman Plummer: Time out.
Mayor Carollo: Time out.
Vice Chairman Plummer: Mr. Mayor.
Mayor Carollo: Gentlemen, you all legislate so you could do whatever you like to. The only thing that I'd
like to make sure that at least we get this very small little amount and that is that I believe there's something
in the contract that talks about if there is and exchange of stock, whatever amount there is, then they have to
pay a fee of three percent, which I'm sure they will gladly give out and I'm sure they will be very glad that's
186 September 8, 1998
the only thing that I'm bringing up.
Vice Chairman Plummer: Mr. Mayor, if it's in the contract, I would assume that the great administration that
we have would not let that be bypassed.
Mayor Carollo: Well, but it's not in the resolution.
Vice Chairman Plummer: Sir, it is in the contract. It is so included in the resolution.
Mayor Carollo: Anyway, I won't get into anything else. It's in principle, whatever that means.
Vice Chairman Plummer: OK.
Commissioner Teele: Wait, wait. Look, I think it's important that we need to get the cart behind the horse.
Number one, I thought we were going to take this up consistent with a basic resolution instructing the
Manager to re -negotiate the contract, OK. Mr. Attorney, I mean, I don't know how you would draft ... we
need to make sure this thing is done right.
Vice Chairman Plummer: Absolutely.
Commissioner Teele: The basic issue here is to re -negotiate the contract consistent with the Oversight
Board's concerns, OK. In addition, to facilitate the matter, which Commissioner Plummer is raising, or to
advise the Commission as to how that matter can be facilitated through the City Attorney's Office and the
City Manager. I think the intent of what Commissioner Plummer is doing is correct when he talks about in
principle and subject to the City Manager and the City Attorney, but I think the basic issue is to re -negotiate
the contract consistent with the Oversight Board's stated concerns. And, in addition, to facilitate a contract
that is consistent with the intent as expressed in Commissioner Plummer's... is that OK?
Vice Chairman Plummer: Mr. Teele, very clearly, it has to be understood, it is with the full approval of the
City Manager and the City Attorney.
Commissioner Teele: Yeah. But the issue is, this is like and appendage issue. This is not the issue. The
issue that I thought we were bringing forth was the issue in which the Oversight Board has instructed us...
Vice Chairman Plummer: To increase the amount of minimum annual guarantee.
Commissioner Teele: ...to re -negotiate the contract. And it is in that context that I'm comfortable taking up
this issue.
Vice Chairman Plummer: That's fine. If that's the way it is, then that's the way they have to work it.
Mr. Warshaw: Commissioner, let me just state... talking about the cart before the horse and the sequence of
events. Right now the contract was rejected by the Oversight Board because the revenue stream was
deemed as not being sufficient, so we have gone out and got another appraisal and we now have several
appraisals, the most recent one, of which is a lot higher than the revenue stream that was proposed in the first
contract. Now, the problem is, I was handed a letter by Mr. Lima at the break and I just want to read the one
paragraph because I think it's important to put on the record. It says thatLLC have agreed among ourselves
not to re -negotiate with the City of Miami, the pending lease of the Dinner Key property until it is known
whether the transfer of interest would be approved by the Commission." So, that being the case, they're
basically telling us that they don't want to re -negotiate unless there's a commitment to make the transfer.
Commissioner Teele: And I think...
Mr. Warshaw: And to...
Commissioner Teele: I think Commissioner Plummer's...
187 September 8, 1998
Vice Chairman Plummer: Wait a minute.
Commissioner Teele: ...legislation would send the signal that there is a commitment in principle but not a
transfer.
Vice Chairman Plummer: It was definitely in principle. I read it in ... in my copy I underlined in principle,
OK? What is being discussed here is, I don't understand where there is any major problem. This is stock
that is presently held in the name of Southern Cross, and it is simply a matter oftrans ... allowing the transfer,
which we've always done to protect the City, that, in fact, it is going over to a thing called Century Partners.
It's nothing. If the contract doesn't go through, it doesn't affect the City in any way, shape or form, unless
I'm mistaken, Mr. City Manager. If, in fact, the final analysis of the contract is null and void, it doesn't
affect the City. My question again, Mr. City Attorney, that the discussion here, in my opinion, is the transfer
of the stock presently held by Southern Cross over to Century Partners. It doesn't affect the City one way or
another. Now, unless I'm ... somebody's got an opinion that I'm wrong, tell me so.
Mr. Vilarello: The resolution that you've adopted, which was clarified... was clear to me and clarified by
Commissioner Teele, directs us to go back and re -negotiate this agreement and to deal and consider a
transfer in ownership. The reason this is and issue is, the underlying lease that has been rejected by the
Oversight Board prohibits such a transfer. It, by its very terms, prohibits such a transfer. The only other
issue that needs to be looked at with regard to this agreement is if the RFP itself prohibits such a transfer.
Vice Chairman Plummer: Who prohibits it and where?
Mr. Vilarello: The lease agreement simply says that a transfer of more than 15 percent of the stock,
membership, interest or beneficial interest of the lessee is prohibited.
Vice Chairman Plummer: Mr. City Attorney, what is the damage to the City if, in fact, the stock is
transferred and the deal falls apart? Where is the City hurt? I mean, we've lost nothing. It's a paper
transaction from one group of people to another group of people. The proponent, who is the main 51
percent or more, has no objections to it. Tell me where, if the deal falls apart or it doesn't go through, where
is the City hurt? I don't understand.
Mr. Vilarello: During the re -negotiations, the Manager will address that issue and if he feels that the City is
hurt somehow by that, he will so advise you. The only additional concern I have is if the RFP (request for
proposals), limited such transfer, and that will be addressed when we re -negotiate.
Vice Chairman Plummer: And that is what this is addressing to say no. Now...
Commissioner Teele: OK.
Mayor Carollo: Mr. City Attorney, could you make sure that we get in writing, under oath, the exact amount
that these shares are being sold for? And the reason that this body would need this is so that we can
calculate how much they would have to pay the City of Miami for this transaction, if this is what this body
intends to do.
Vice Chairman Plummer: Mr. Mayor, without any question, if there is a specified fee in the contract
presently...
Mayor Carollo: But we need to know.
Vice Chairman Plummer: OK. Then...
Mayor Carollo: The public needs to know and the public needs to know who's getting it.
Vice Chairman Plummer: Mr. Mayor, I am speaking to the three percent that you brought out that, if, in
188 September 8, 1998
fact, that is an item in the contract, there is nothing in my motion here that precludes that from being
collected. Much to the contrary, anything in that contract has to be collected, OK? Again, this is in
principle.
Commissioner Teele: All right.
Vice Chairman Plummer: And it must be approved by the City Manager and the City Attorney
Commissioner Teele: I think this is a very important matter and I think, more importantly, one of the things
that Mayor Carollo has continued to say that, as we move forward, one of the things we're going to be
looking at is development deals.
Vice Chairman Plummer: Absolutely.
Commissioner Teele: I think it's important, not only that the Manager ... and I had this discussion today with
some of the Manager's staff and the Mayor had the discussion on the dais regarding the City Attorney's staff.
I think it's really important that each one of these development opportunities that comes down that we're,
first, expeditious and, second, that we're professional. I think we need to make sure that we're not playing
games, that we're not sending false signals here. Now, I'm concerned about the letter that the Manager has
read into the record because that's the first time I heard it, was when the Manager read Mr. Lima's letter into
the record just a moment ago. I know Mr. Lima. I know him to be and outstanding man that has a fiscal and
financial background and I think what he's asking for is not unrealistic. In other words, we're changing the
rules on them a little bit, right? I mean, we agreed to one amount of money. I mean, we're in this unique
two tier government here. We ... I didn't vote on it, I don't think, at all. But we, the Commission, agreed on
one thing. Now, if we're asking them to come in with a substantially or more amount of money, clearly they
have the right to go out and look for new financial backers to restructure their finances, OK? I mean, you
know, if it was a sort of a penny poker game and all of a sudden the ante got moved up to a nickel,
somebody may not be able to play in the penny poker game anymore. So, I think what Mr. Lima's asking
for is reasonable. I would propose, Mr. Vice Chairman, that we have a straw vote, if you will, a sense of the
Commission or we could do it individually but 1, for one, would have no objections to the transfer and if
you're looking for a signal ... I mean, I think we should approve Commissioner's Plummer resolution as
amended but I want to be on record... because I think what you're asking for is not unrealistic. We've
changed the game. We changed the rules. We said what wanted a minimum of how much initially?
Ms. Dena Bianchino (Interim Assistant City Manager): Three hundred thousand.
Commissioner Teele: Three hundred thousand. Now we're asking for a minimum of how much?
Ms. Bianchino: It's not been decided at this moment.
Vice Chairman Plummer: It's been now determined and re -determined and a new audit and a new audit.
Ms. Bianchino: No. We will be starting re -negotiations.
Commissioner Teele: Well, let me ask you this, what was the previous audit or appraisal of the deal?
Ms. Bianchino: We had a difference of two appraisals. One was at three hundred. One is at four fifty. We
have had a reevaluation and we have different numbers now, which we would...
Commissioner Teele: So, we had one at three hundred and at four fifty?
Ms. Bianchino: That's right.
Commissioner Teele: When we entered into the contract and approved it by the Commission, what were the
numbers we were looking at?
189 September 8, 1998
Ms. Bianchino: Three hundred.
Commissioner Teele: OK, three hundred.
Ms. Bianchino: And there were other percentages as well
Commissioner Teele: And other percentages. So, I just think the record needs to be clear that if we're
changing our requirements, that is, we, the Mayor, the Manager, the Commission and the Oversight Board,
all of us are the we as it relates to the developer, then the developer really has a realistic right to bring in new
partners, new investors, et cetera. And, so, I want to just be on record that I think that's a reasonable request,
subject to all the other things being equal. There may be a lot of other considerations. And I think it's
important for the Commission to at least give Mr. Lima, the author of that letter, since ... that we're not going
to, you know, go —not approve the transfer if that's what you're looking for. But I don't think we can
approve the transfer today.
Vice Chairman Plummer: Mr. Teele, that was not in my motion. It was to approve it in principle. The
principal owner of the lease is Mr. Lima. Mr. Lima has indicated that he has no objections to the transfer.
Now, the only thing really that we're doing here is addressing the 15 percent to 30. That's the only thing
we're addressing here, not anything to do with the minimum annual guarantee that's yet to be negotiated by
the administration and Mr. Lima because it's already come back. All we're doing in this motion here is
simply saying that we don't object to the 15 percent becoming 30 percent and the transfer of stock from one
group to another. Mr. Lima doesn't object to it. He is the principal. And, in fact, it is not even transferred
until the Manager has signed off and the City Attorney has signed off. Now, if I'm wrong and in some way
the City could be hurt, then tell me so.
Ms. Arlene Weintraub: Arlene Weintraub, Planning and Development.
Commissioner Regalado: Excuse me. Can I ask a question to the City Attorney? Are you comfortable with
the fact that this does not alter the RFP (Request for Proposals) process?
Mr. Vilarello: No, I'm not. As I've said before, during this process I will review the RFP to determine
whether or not there's a problem with that. Commissioner Plummer just asked me to make sure I let him
know if there is a problem with that.
Vice Chairman Plummer: I said in principle. I mean, I don't understand...
Mayor Carollo: Yeah. But now if he's saying something...
Vice Chairman Plummer: Mr. Mayor, very simple...
Mayor Carollo: Gentlemen, I just suggest it. I don't want to get in the midst of this now. I want all of you
to decide on what you think is the right course to follow but what I've heard there concerns me and...
Vice Chairman Plummer: Very simply, Mr. Mayor, put, if the City Attorney does not approve, it's dead.
This is not a fait accompli. The City Attorney says, I don't like the idea, it doesn't approve, it doesn't jive
with the RFP and I will not approve it, the item is a dead item. If the Manager says the same, it's a dead
item. It has to come back before this Commission.
Mayor Carollo: But looking back at some of the other problems that we have with another firm that has
some other individuals, maybe one that's the same in both firms, the selling, my only concern would be,
Commissioner Plummer —again, what this body wants to do, it's up to this body. And let me say this...
Vice Chairman Plummer: OK.
Mayor Carollo: ...clearly for the record, I have not gotten involved whether this item would be placed on
this agenda or not, like some rumors were being spread by one individual. I would just suggest, just like I
190 September 8, 1998
would in any other contract with the City of Miami...
Vice Chairman Plummer: You reserve your right, sir, and I would defend that.
Mayor Carollo: ...to get a reading from the City Attorney. If any action that you would take now, in
principle or not, would put us in jeopardy down the road. That's all.
Vice Chairman Plummer: I would hope, if that were to be the case, that they would so reject it. The motion
is on the floor. Mr. City Attorney.
Mayor Carollo: No. The City Attorney needs to answer that, Commissioner.
Mr. Vilarello: I think the Mayor's question is addressed by the Oversight Board's rejection of this
agreement. Given that rejection of this agreement, we are in a posture now of renegotiating the agreement.
We need to address the specific issues that the Oversight Board raised and it would be appropriate to
consider other issues that the lease holders would raise. This, I assume, is one of those issues. And I don't
have any problem with the adoption of the resolution in principle because it certainly doesn't bar or tie the
City Manager's hands in any way.
Vice Chairman Plummer: Nor yours.
Mayor Carollo: All right. That's all that I want to hear.
Commissioner Sanchez: It is a simple business transaction.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: My understanding is, the rules have been changed on this and one of the reasons this is
being done is because additional capital is going to be needed and the new individuals coming in, they're
going to add that additional capital. I think, if we approve this in principle, what we're stating is if, by any
chance, the City Manager or staff or you find anything wrong with this, that is doesn't go through. That's it.
Vice Chairman Plummer: You kick it out.
Commissioner Gort: That's my understanding.
Mayor Carollo: If I may ask something else of the administration. I don't know if Dena or Planning would
be the right place to go. Maybe in the administration ... City Manager's office. When was it that the
Oversight Board rejected this contract?
Ms. Bianchino: There were two letters we received from the Oversight Board. One was on July Ist and the
other one was in July, a little bit later in the month.
Mayor Carollo: July 1 st?
Ms. Bianchino: July ... we received it on July 17th.
Mayor Carollo: OK. Do you all have the file of the correspondence that was in the file here? Does
anybody have it here? The correspondence between the different companies that make up this group or the
different individuals. Do you have the file there?
Ms. Bianchino: Yes.
Mayor Carollo: Can you get that file? See the correspondence. Check to see around March, I believe, of
this year.
191 September 8, 1998
Ms. Bianchino: There was a request for transfer in March.
Mayor Carollo: OK. There was a request for a transfer in March. That was for approximately, if I
remember... because I was told it was somewhere in the neighborhood of 43, 46 percent?
Ms. Bianchino: Yes. And it was the same group, Century Partners.
Mayor Carollo: OK. That was March. Quite a few months before the July denial of the Oversight Board.
And the only point that I'm trying to bring up is ... and, again, it's up to this body to legislate and do whatever
they want to but let's not use the excuse that it's because it's more money that this has to be done. That's not
the reason why it's being done. My concern is...
Vice Chairman Plummer: Never said that.
Mayor Carollo: ...the City of Miami is going to get the top dollar; that you're going to have people that are
going to keep their word and what gets down there, that's it's a quality job,
a quality that project that is done there. That's my concern.
But I just want to get the facts on the record and not stories to make people look good.
Ms. Bianchino: I'd like Arlene to add something to this, if I could, please?
Commissioner Sanchez: Mr. Plummer, if I may?
Vice Chairman Plummer: Go ahead.
Commissioner Sanchez: Mr. City Attorney?
Vice Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: This is legal, correct?
Mr. Vilarello: The resolution that has been proposed by Commissioner Plummer is lawful.
Mayor Carollo: It's fine. It's not going to put us in jeopardy in any way or bind us.
Commissioner Sanchez: This is a simple business transaction. These people are selling their stocks.
Mr. Vilarello: Well, ifs ... so you understand, the resolution is in principle only. It does not ... it simply
authorizes the City Manager to consider that issue during the negotiation process. It doesn't say that that has
been approved.
Commissioner Sanchez: Is there a motion?
Vice Chairman Plummer: There is a motion. I made the motion.
Commissioner Sanchez: Second. I second the motion.
Vice Chairman Plummer: All right.
Ms. Weintraub: If I may. What I wanted to add to the record is that the issues that are being discussed with
the transfer, while you're stating that it is only financial. It is our opinion, the administration, that there is
more to that. When the selection process was taken care of, we looked at experience, background, expertise,
et cetera. Southern Cross Marinas, as an ownership interest of almost 30 percent, the owners of that portion
were looked at for their marine boat yard experience and, as that, were found to be and acceptable operator.
When we review this, we would certainly want to look at any new group stepping in to be sure that they
have the appropriate level of experience and background. As you know, this redevelopment project, the
primary use is as a working boat yard and a marina both dry and wet storage.
192 September 8, 1998
Vice Chairman Plummer: And there's no problem with that at all.
Ms. Bianchino: Could I ask another ... we need full disclosure from this group. We need to know who's in it,
who's what...
Vice Chairman Plummer: Absolutely.
Ms. Bianchino: What the proposal is for running a boat yard. We need all this information before ... and
also ... then I have ... I think Commissioner Teele, in light of what you said, it's hard for us to negotiate with a
group before we know whether or not that's the group that we're going to be dealing with so, I think the
order of things is that we need to resolve this issue with the City Attorney and then negotiate; otherwise, we
may be negotiating with a group that isn't even legal or acceptable.
Vice Chairman Plummer: All right. Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-879
A RESOLUTION RELATED TO THE LEASE AND DEVELOPMENT
AGREEMENT BETWEEN GROVE HARBOUR MARINA AND
CARIBBEAN MARKETPLACE, LLC. ("LESSEE") AND THE CITY
OF MIAMI, APPROVED PURSUANT TO RESOLUTION NO.97-774,
ADOPTED OCTOBER 28, 1997; APPROVING, IN PRINCIPLE, THE
SALE OF THE INTERESTS OF THE MEMBERS OF SOUTHERN
CROSS MARINAS, L.C. TO CENTURY PARTNERS GROUP, LTD,
SUBJECT TO COMPLIANCE WITH ALL CITY CODE AND
CHARTER PROVISIONS AND APPROVAL OF THE CITY
MANAGER AND CITY ATTORNEY.
(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
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
[COMMENTS MADE DURING ROLL CALL:]
Commissioner Teele: I want to be very clear. Contrary to anything that's been said, if the deal ... if we
change the terms ... you know and I'm ... I want to pay attention to what the Mayor's talking about, about
something going back to March. But the fact is, if we change the terms of the agreement, then they are
entitled to enhance their financial capacity. I will be against this group on final approval, Mr. Manager, if
the group's financing that is coming in is not greater or ... equal to or greater than the previous group. I think
that is where our scrutiny ought to be, is on the financial capacity to get it done and that's really what I want
to limit my yes vote to, that I am supporting this with the understanding that the financial capacity of the new
group will be equal to or greater than the previous group.
193 September 8, 1998
Mr. Foeman: Continuing roll call. Commissioner Regalado.
Commissioner Regalado: Yeah. Just want to make sure that this is coming back to the Commission, Dena.
Has to.
Ms. Bianchino: The re -negotiated lease must be approved by the City Commission.
[COMMENTS MADE AFTER ROLL CALL:]
Vice Chairman Plummer: Of course. Has to be.
Commissioner Regalado: So, the figure of three hundred thousand here is just a figure in principle?
Vice Chairman Plummer: This was a starter.
Commissioner Regalado: That's been rejected. That's what I said.
Ms. Bianchino: That's correct.
Vice Chairman Plummer: All right. Let me get these other three out of the way, please.
Mayor Carollo: For the record...
Commissioner Teele: Before you leave that, when can this ... we expect this item to come back? I think one
of the problems that we do is, we just leave these things with no timetables, no nothing.
Ms. Bianchino: OK. This item will ... we have scheduled this lease to come back to the City Commission on
October 13th.
Vice Chairman Plummer: That's crazy. Dena...
Commissioner Teele: So within the next 60 days ... 30 days, 60 days?
Ms. Bianchino: No, it's this next ... the first Commission meeting in October.
Commissioner Teele: Fine. I just want to know the question. I'm not criticizing.
Vice Chairman Plummer: As much as this City needs money, you've had the rejection from the Oversight
Board for how long?
Ms. Bianchino: Since the middle of July.
Vice Chairman Plummer: About two months?
Ms. Bianchino: The middle of July.
Vice Chairman Plummer: And fully understand... now, have you talked with the principal of this proposal to
tell him that you want more money and discussed anything with him?
Ms. Bianchino: We have not discussed the terms. He understands that there ... we have not ... we wanted to
get additional...
Vice Chairman Plummer: When?
Ms. Bianchino: I'm going to start this week.
194 September 8, 1998
Mr. Warshaw: The appraisal just came in late Wednesday. He knows that we have new figures. We are
going to meet with him, hopefully, in the next day or two, and see if we can re -negotiate. The reason I read
that letter into the record is that they're basically saying they don't want to re -negotiate unless the stock
approval... transfer is approved prior to. So, the question is who do we negotiate with now? And we're going
to go reach out to Mr. Lima, as per our previous discussions with him, and tell him that we're prepared now
to re -negotiate based upon that new appraisal.
Vice Chairman Plummer: OK. I just think we need money. It should have been expedited.
Commissioner Teele: J.L.?
Vice Chairman Plummer: This gentleman hasn't even been talked to. We received the rejection letter in
July. It's now into September. You haven't even talked to the man.
Commissioner Teele: J.L.?
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: I had the floor and I want to regain it. I think its a little...I think we should be
responsible. Invite Mr. Lima, please, to come forward ... Mr. Lima, not his lawyer or Mr. Lima and his
lawyer, and just to get from you a commitment to negotiate with our management and let's try to bring this
matter to a close. And I really would like to know if you're satisfied with the Commission action and you
believe this is something that gives you the authority to negotiate.
Mr. Felix Lima: Yes, we will be willing to...
Commissioner Teele: Your name and address for the record.
Mr. Lima: Felix Lima, 8360 West Flagler, Miami. In answer to your question, yes, we will be willing to
start re -negotiation as soon as possible.
Vice Chairman Plummer: Tomorrow?
Mr. Lima: Tomorrow.
Commissioner Teele: Thank you.
Mr. Ramon Rasco: May I, Mr. Teele?
Commissioner Teele: Yeah.
Mr. Rasco: Ramon Rasco, attorney for Grove Harbor. Thank you. I've been trying to say something here.
There's one thing that I'd like to clarify for the record. I keep hearing a rejection from the Oversight Board
and we don't have that letter. We have a letter raising questions and concerns and addressing issues with the
idea that we sit down and negotiate. When we met with the Oversight Board Committee, we said that we're
willing to do that. We want to do that and we are willing to do that as part of this and/or after this, either
way. But we're ready to sit down and negotiate on this right away.
Mayor Carollo: I think you've heard the administration. What you need to do is get a time, sit down with
them as soon as you can to go over the parameters of what they had with you.
Commissioner Teele: Was it rejected?
Commissioner Regalado: No, it wasn't.
195 September 8, 1998
Mayor Carollo: It was not rejected, I don't think. They asked questions...
Mr. Warshaw: Rejection is probably the wrong word. It was returned and sent back to be re -negotiated, so
it wasn't flatly rejected.
Commissioner Teele: And, Mr. Lima, when I asked you, I thought the younger Mr. Lima was going to
come forward. I thought he was taking over now.
Mr. Lima: He's the president of the company. I'm just a secretary.
Commissioner Teele: Thank you.
Mayor Carollo: Felix, do you know the amount that this transaction is being done for?
Mr. Rasco: Yes. It's one million two hundred thousand dollars ($1,200,000), to the best of my knowledge.
Mayor Carollo: OK. That's four hundred, four hundred and four hundred?
Mr. Rasco: That's correct, Mayor.
Mayor Carollo: OK. Thank you.
Vice Chairman Plummer: All right. If I may...
Mayor Carollo: Remember the three percent on that.
Vice Chairman Plummer: If I may, the other three items, which I'd love to run through, this is all
monies —the only monies are those which have already been approved.
[AT THIS POINT, COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE PUBLIC
RECORD.]
Vice Chairman Plummer: Can I move this item?
Commissioner Teele: I second the item.
Vice Chairman Plummer: All right. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed? Show it unanimous.
196 September 8, 1998
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-880
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ALLOCATE AN AMOUNT NOT TO EXCEED $60,000.00 TO THE
BAYFRONT PARK MANAGEMENT TRUST ("TRUST") FOR IN-
HOUSE DESIGN AND CONSTRUCTION OF A VALET PARKING
AREA IN THE MILDRED AND CLAUDE PEPPER BAYFRONT
PARK ("PARK"); ALLOCATING FUNDS THEREFOR FROM THE
CAPITAL IMPROVEMENT PROGRAM, `BAYFRONT PARK
IMPROVEMENTS," PROJECT NO. 331401.
(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.
58. ACCEPT PROPOSAL OF NEXT MILLENNIUMCOMMUNICATIONS CORPORATION' TO
SPONSOR AMPHITHEATER AT BAYFRONT PARK.
Vice Chairman Plummer: The next one is a resolution in principle.
[AT THIS POINT, COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE PUBLIC
RECORD.]
Vice Chairman Plummer: I so move.
Commissioner Teele: Second the motion.
Vice Chairman Plummer: Is there any ... all in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any objections? Show unanimous.
197 September 8, 1998
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-881
A RESOLUTION ACCEPTING, IN PRINCIPLE, THE PROPOSAL OF
NEXT MILLENNIUM COMMUNICATIONS CORPORATION,
("NEXT MILLENNIUM"), TO SPONSOR THE AMPHITHEATER AT
THE MILDRED AND CLAUDE PEPPER BAYFRONT PARK
("BAYFRONT PARK"), IN A PROPOSED AMOUNT OF $801,783,
PAYABLE TO THE BAYFRONT PARK MANAGEMENT TRUST
(THE "TRUST") IN TEN (10) SEMIANNUAL PAYMENTS, PLUS
ADDITIONAL "IN -KIND" SERVICES AND INCOME AS HEREIN
SPECIFIED; AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
TRUST TO EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH NEXT
MILLENNIUM FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
[AT THIS POINT, VICE CHAIRMAN PLUMMER READ THE RESOLUTION INTO THE PUBLIC
RECORD]
Vice Chairman Plummer: I so move.
Commissioner Teele: Second the motion.
Vice Chairman Plummer: Is there ... all in favor, say "aye." Opposition?
The Commission (Collectively): Aye.
198 September 8, 1998
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-882
A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF
THE BAYFRONT PARK MANAGEMENT TRUST (THE "TRUST")
TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITH ELOY VAZQUEZ (THE
"CONSULTANT") TO COMPENSATE SAID CONSULTANT FOR
SERVICES RENDERED THE TRUST IN THE PROCUREMENT OF
A SPONSORSHIP AGREEMENT (THE "SPONSORSHIP
AGREEMENT") BETWEEN NEXT MILLENNIUM
COMMUNICATIONS, INC. ("NEXT MILLENNIUM") AND THE
TRUST, FOR AN INITIAL TERM COMMENCING ON THE
EFFECTIVE DATE OF THE SPONSORSHIP AGREEMENT FOR AN
ANNUAL AMOUNT NOT TO EXCEED FIFTEEN PERCENT (15%)
OF THE ANNUAL SPONSORSHIP CASH PAYMENT RECEIVED
BY THE TRUST FROM NEXT MILLENNIUM PURSUANT TO THE
SPONSORSHIP AGREEMENT, AND IF THE SPONSORSHIP
AGREEMENT IS EXTENDED, SAID INITIAL TERM SHALL BE
EXTENDED FOR AN ADDITIONAL PERIOD NOT TO EXCEED
FIVE (5) YEARS, DURING WHICH THE CONSULTANT SHALL
RECEIVE AN ANNUAL AMOUNT NOT TO EXCEED FIFTEEN
PERCENT (15%) OF THE ANNUAL SPONSORSHIP CASH
PAYMENT RECEIVED BY THE TRUST FROM NEXT
MILLENNIUM PURSUANT TO THE SPONSORSHIP AGREEMENT;
ALLOCATING FUNDS THEREFOR FROM THE PROCEEDS
DERIVED FROM THE IMPLEMENTATION OF THE
SPONSORSHIP AGREEMENT.
(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.
199 September 8, 1998
Commissioner Teele: Mr. Vice Chairman?
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Again, Mr. Manager, you know, Commissioner Plummer is always able to get his
pocket items done. I commend him. I specifically asked that the Basic Training item be brought forth
today. It was not. You know, there was some reluctance on your staff to do it. I'm going to take it up...
Mr. Donald Warshaw (City Manager): What item was that?
Commissioner Teele: On Basic Training, the two hundred thousand dollars ($200,000) we gave them
during the CDBG (Community Development Block Grant)(Central Business District) process. Mr.
Manager, I would like to have the item brought up on the 28th or the 14th as a pocket item, please.
Mr. Warshaw: I have never seen that item, Commissioner.
Vice Chairman Plummer: Can I speak to some other issues real quick like, that we need to address very
quickly? I had asked on this agenda, Mr. Manager, that a company be proffered to this City Commission for
the purposes of research, or whatever you call it, on re -appraising the property within the City of Miami. I
find nothing on this agenda of a company recommended, selected or whatever. Now, you know, this all
changes in January and if we don't get something done between now, we're going to lose, which has been
proffered, that could amount to twent)4five million dollars ($25,000,000). Is there any reason why it wasn't
on this agenda?
Mr. Warshaw: I'll make sure we...
Commissioner Teele: It's my understanding that they had some kind of a Selection Committee last Friday
on it and the committee was meeting Friday. There were no African Americans on the committee but...
Vice Chairman Plummer: Well, how long are we going to wait? Now, you're talking about big, big dollars.
Mr. Warshaw: There is a process that's undergoing but I just don't have it. I could request it for you now.
Vice Chairman Plummer: Mr. Manager, six weeks ago I asked you, without fail, to have it on this agenda.
Now, is it going to be on the 14th agenda?
Mr. Warshaw: Probably on the 28th.
Vice Chairman Plummer: You know what you're going to do? You're going to lose it for a year. I'm telling
you, you're going to lose it for a year. And it should ... ifs a crying shame. You've got to get this thing done.
All right. Mr. Manager, I am very concerned, Mr. City Attorney. I sent the Manager a letter, a memo, in
reference to sidewalks in all of the lawsuits that we're settling. I won't mention the name but it's in Coconut
Grove, that park a Brinks armor car on the sidewalk, tandem wheels, which is breaking up the sidewalk. I
would ask the administration, through the Police Department, to start enforcing parking on the sidewalks,
that tickets start to be issued to reduce our liability on insurance. Mr. Manager, we have got to find some
way... gentlemen of my colleagues, on the Festival Committee, I want you all to understand the concern that's
now being expressed. The Mutiny is now being reopened. There will be 750 residents in the Mutiny.
200 September 8, 1998
They are expressing already no uncertain terms about closing out, that they cannot get access to their
residence. The Coconut Grove Art Festival will be the biggest and classic example, that the way that is
presently laid out, they cannot get to their condominiums. All right. I think, Mr. Manager, I would ask that
you please take that to the Festival Committee or whatever committee is the appropriate. That's all I have.
Mr. Clerk, I'm asking you, sir, to come forward with all of the conversation relating to the VIP (Vehicle
Impoundment Programs) monies and the relations to the Oversight or over review that was previously
discussed in Commission meetings to this date. Is there anything else to come before this Commission?
Dena?
Mr. Warshaw: Want to update on the appraisal issue.
Ms. Dena Bianchino (Interim Assistant City Manager): I apologize. I was outside talking to that other
group. We advertise for proposals for qualifications. We sent letters to all the people we do business with
and others. The Asset Management Review Committee met on Friday with staff and went ... heard proposals
from four different groups, and you will have a recommendation on the 28th agenda.
Vice Chairman Plummer: Dena, if you can, in any way, find that on the 14th, I think it is that important.
You've got to make these decisions before January. I mean, how much more have you got to do? Do you
realize you're putting in jeopardy twenty-five million dollars ($25,000,000)?
Ms. Bianchino: Commissioner, I have been assured by the Tax Assessor's Office that we have until January
to come up with these. I cannot have anything to you by the 14th. I can do it on the 28th.
Vice Chairman Plummer: Six weeks ago you were told to have it on this agenda. I say no more. Let it fall
on the shoulders, not mine. I asked for it. Is there any other matters to come before this Commission? We
will then —excuse me. For the record, Mr. Clerk, on the 14th we're starting to meet at what time?
Commissioner Regalado: Four o'clock
Commissioner Gort: You've got to meet early. I mean, the 14th...
Vice Chairman Plummer: Four o'clock... well, what did we ... did we say one o'clock? The 14th we have the
Special Assessment fees, we have three or four other items.
Mr. Foeman: It's 4:00 p.m.
Vice Chairman Plummer: Mr. Clerk, what time?
Mr. Foeman: 4:00 p.m.
Vice Chairman Plummer: 4:00 p.m., we're going to meet. The one o'clock, which I think, on the 28th. All
right. For the record, the next meeting of this Commission is a Special Commission meeting, September the
14th, at 4:00 p.m. in the afternoon. The next budget hearings will be on the 28th at 5:05. This meeting is
now adjourned.
201 September 8, 1998
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION,
THE MEETING WAS ADJOURNED AT 7:54 P.M.
ATTEST:
Walter J. Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
JOE CAROLLO,
MAYOR
If 0
1000RP oRaTE i�r
0o so
202 September 8, 1998