HomeMy WebLinkAboutCC 1998-10-13 MinutesCITY OF MIAMI
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COMMISSION
MINUTES
OF MEETING HELD ON October 13, 1998 (Regular Meeting)
PREPARED BY THE OFFICE OF THE CITY CLERKUTY HALL
Walter J. Foeman/City Clerk
INDEX
MINUTES OF REGULAR MEETING
October 13,1998
ITEM NO. SUBJECT LEGISLATION
1. CONGRATULATE CITY MANAGER FOR PUBLISHING 10/13/98
ON CABLE NET 9 NAMES OF THOSE CONVICTED OF DISCUSSION
DRUG SALES / PROSTITUTION / ILLEGAL DUMPING. 2
2.
DIRECT CITY MANAGER TO HIGHLIGHT AGENDA
10/13/98
ITEMS ON TELEVISION SCREEN BEGINNING WITH
DISCUSSION
OCTOBER 27, 1998 CITY COMMISSION MEETING.
2
3.
PRESENTATION: COMMISSIONER PLUMMER'S CITY
10/13/98
SERVICE ANNIVERSARY: 29 YEARS OF SERVICE.
DISCUSSION
3
4.
CONSENT AGENDA. (SEE LABELS 8 & 10).
10/13/98
DISCUSSION
3-7
4.1
ACCEPT BID OF C & S TRAILER SALES, INC. -- FOR
10/13/98
PURCHASE OF TWO -HORSE TRAILERS -- FOR
R 98-946
GENERAL SERVICES ADMINISTRATION TO BE
7
UTILIZED BY MIAMI POLICE DEPARTMENT MOUNTED
PATROL -- AT TOTAL COST NOT TO EXCEED $24,932.24
-- ALLOCATE FUNDS FROM ACCOUNT CODE NO.
001000.2903 06.6. 840.
4.2
ACCEPT BID OF BAKER EQUIPMENT ENGINEERING
10/13/98
COMPANY -- FOR PROVISION AND INSTALLATION OF
R 98-947
ONE (1) AERIAL TOWER (BUCKET TRUCK
8
APPARATUS) -- FOR GENERAL SERVICES
ADMINISTRATION -- AT TOTAL COST NOT TO EXCEED
$27,694.-- ALLOCATE FUNDS FROM CAPITAL
IMPROVEMENT PROGRAM, "REPLACEMENT OF CITY-
WIDE FLEET", PROJECT NO. 311850.
4.3
ACCEPT BID OF AXCITON SYSTEMS, INC. --- FOR
10/13/98
PROVISION OF THREE COMPUTERIZED POLYGRAPH
R 98-948
INSTRUMENTS -- FOR DEPARTMENT OF POLICE -- AT
8
TOTAL COST NOT TO EXCEED $12,450 -- ALLOCATE
FUNDS FROM ACCOUNT CODE NO.
001000.290201.6.850.
4.4
ACCEPT BID OF JESSLA CONSTRUCTION CORP., IN
10/13/98
THE PROPOSED AMOUNT OF $384,995 --, FOR
R 98-949
PROJECT ENTITLED "EATON DAYCARE CENTER
8
(SECOND BIDDING) PROJECT, B-6271"-- ALLOCATE
$392,734 FROM PROJECT NO. 331361, AS
APPROPRIATED BY THE FISCAL YEAR 1997-1998
CAPITAL IMPROVEMENT ORDINANCE NO. 11623.
4.5
ACCEPT BID OF JESSLA CONSTRUCTION CORP., IN
10/13/98
PROPOSED AMOUNT OF $384,99 -- FOR PROJECT
R 98-950
ENTITLED "LEMON CITY DAYCARE (SECOND
9
BIDDING) PROJECT, B-6272" - ALLOCATE $428,704
FROM PROJECT NO. 331386, AS APPROPRIATED BY
THE FISCAL YEAR 1997-1998 CAPITAL
IMPROVEMENT ORDINANCE NO. 11623.
4.6
ACCEPT BID OF YOUNG OIL COMPANY, INC. -- FOR-
10/13/98
CONFERENCES, CONVENTIONS AND PUBLIC
R 98-951
FACILITIES --TO FURNISH AND INSTALL FUEL
9
DISPENSING EQUIPMENT AND PROVIDE FUEL TO
TENANTS AND CUSTOMERS AT MARINE STADIUM
MARINA.
4.7
BID OF WEATHERTROL MAINTENANCE CORP.,
10/13/98
(HISPANIC/L,OCAL VENDOR) -- FOR REPLACEMENT
R 98-952
OF AIR CONDITIONING COOLING TOWER -- FOR
9
DEPARTMENT OF POLICE, -- ALLOCATE $49,655 FROM
CAPITAL IMPROVEMENT PROGRAM, ACCOUNT CODE
NO.312015.299401.6.840.
4.8
ACCEPT BID OF ROYAL PACIFIC COMPANY
10/13/98
(HISPANIC/LOCAL VENDOR) -- FOR REPLACEMENT OF
R 98-953
EXTERIOR WALK DOORS AT FIRE STATION 1 --, FOR
10
DEPARTMENT OF FIRE -RESCUE -- ALLOCATE $5,488
FROM ACCOUNT CODE NO. 00 1000.280701.6.670.
4.9
ACCEPT BID OF ALMARK ENTERPRISES (NON-
10/13/98
MINORITY/NON-LOCAL VENDOR) -- FOR PROVISION
R 98-954
OF SLEEPING BAGS -- FOR DEPARTMENT OF FIRE-
10
RESCUE,-- ALLOCATE $10,230 FROM URBAN SEARCH
AND RESCUE GRANT, ACCOUNT CODE NO.
313 826.802801.6.840.
4.10 ACCEPT BID OF ABRAHAM CHEVROLET OF MIAMI,
INC., (NON-MINORITY/LOCAL VENDOR) -- FOR FIVE
(5) CHEVROLET TAHOES, POLICE PACKAGE WITH
OPTIONS -- FOR DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION -- ALLOCATE $147,940
FROM CAPITAL IMPROVEMENT PROGRAM,
"REPLACEMENT OF CITY-WIDE FLEET", PROJECT NO.
311850.
4.11 APPROVE PURCHASE OF WHELEN EMERGENCY
WARNING DEVICES AND LIGHTING -- FOR POLICE
TRAFFIC ENFORCEMENT MOTORCYCLES FROM
CENTRAL PUBLIC SAFETY EQUIPMENT CO -- UNDER
EXISTING MIAMI-DADE COUNTY CONTRACT NO.
IB5794-1 -- FOR GENERAL SERVICES
ADMINISTRATION -- ALLOCATE $27,397.60 FROM
CAPITAL IMPROVEMENT PROGRAM, "REPLACEMENT
OF CITY-WIDE FLEET", PROJECT NO.311850.
4.12 ACCEPT BID OF STATIONARY POWER SERVICES, INC.,
(NON-MINORITY/NON-LOCAL VENDOR) -- FOR
REMOVAL AND REPLACEMENT OF THREE POWER
INVERTER SYSTEMS CITY-WIDE -- AT TOTAL COST
NOT TO EXCEED $38,97 -- ALLOCATE FUNDS FROM
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, ACCOUNT CODE NO.
506000.420601.6.840.
4.13 ACCEPT BID OF BEST MAINTENANCE AND
JANITORIAL SERVICE, INC., (FEMALE/MIAMI-DADE
COUNTY VENDOR) -- FOR PROVISION OF CUSTODIAL
SERVICES AT MANUEL ARTIME CENTER -- FOR
DEPARTMENT OF PUBLIC FACILITIES -- FOR TOTAL
ANNUAL AMOUNT NOT TO EXCEED $36,00 --;
ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT
PROJECT NO. 311016, ACCOUNT CODE NO.
450001.350509.340.
4.14 APPROVE PROCUREMENT OF DERELICT VESSEL
REMOVAL SERVICES WITHIN CITY OF MIAMI
WATERWAYS FROM DOCK & MARINE
CONSTRUCTION, CAPTAIN DANS MARINE TOWING &
SALVAGE, EPPERSON CRANES, INC., AND MARIN &
MARIN CONSTRUCTION -- ALLOCATE $27,389 FROM
SPECIAL REVENUE FUND ENTITLED "DERELICT
VESSEL REMOVAL GRANT PROGRAM", AS
APPROPRIATED BY ORDINANCE NO. 11559, ADOPTED
OCTOBER 28, 1997.
10/13/98
R 98-955
10
10/13/98
R 98-956
11
10/13/98
R 98-957
11
10/13/98
R 98-958
12
10/13/98
R 98-959
12
4.15
APPROVE PURCHASE OF AMMUNITION FROM
10/13/98
LAWMEN'S & SHOOTERS' SUPPLY, INC., UNDER
R 98-960
EXISTING STATE OF FLORIDA CONTRACT NO. 680-000-
13
99-1, ON AN AS -NEEDED CONTRACT BASIS UNTIL
DULY 19,1999 -- FOR POLICE --ALLOCATE $140,000
FROM ACCOUNT CODE NO. 001000.290201.6.703.
4.16
APPROVE PROCUREMENT OF HYDRAULIC PARTS,
10/13/98
SUPPLIES AND REPAIR SERVICES FROM VENDORS
R 98-961
LISTED ON THE ATTACHED CONTRACT AWARD
13
SHEET, UNDER EXISTING MIAMI-DADE COUNTY
CONTRACT NO. 4599-4/02-OTR, -- FOR GENERAL
SERVICES ADMINISTRATION, -- ALLOCATE $175,000
FROM GENERAL SERVICES ADMINISTRATION FY `98-
99 BUDGET, HEAVY EQUIPMENT GARAGE, ACCOUNT
CODE NOS. 509000.420901.6.670 ($65,000) AND
509000.420901.6.702 ($110,000).
4.17
APPROVE PROCUREMENT OF AUTOMOTIVE
10/13/98
BATTERIES FROM EXIDE CORPORATION, -- FOR
R 98-962
GENERAL SERVICES ADMINISTRATION, ALLOCATING
14
$45,000 FROM ACCOUNT CODE NO. 509000.420901.6.702.
4.18
RESCIND BID AWARD TO NEWAY SYSTEMS, INC. --
10/13/98
FOR MARINA CLEANING SERVICES AT DINNER KEY
R 98-936
MARINA -- AWARD BID TO MR. CLEAN RELIABLE
14
SERVICES, INC.-- FOR FURNISHING OF SAID SERVICES
AT DINNER KEY MARINA UNTIL OCTOBER 26, 1998 --
$7,058.88; ALLOCATE $7.058.88 FROM ACCOUNT CODE
NO.413000.350505.6.340.
4.19
AUTHORIZE FUNDING OF POLICE ATHLETIC LEAGUE
10/13/98
("PAL") PROGRAM, -- ALLOCATE FUNDS IN AMOUNT
R 98-964
NOT TO EXCEED $93,000, FROM THE LAW
15
ENFORCEMENT TRUST FUND, PROJECT NOS. 690001,
690002, AND 690003.
4.20 AUTHORIZE CITY MANAGER TO ISSUE REQUEST FOR 10/13/98
PROPOSALS (RFP) -- FOR WORKERS' COMPENSATION R 98-965
CLAIMS ADMINISTRATION SERVICES -- FOR RISK 15
MANAGEMENT. - SEE LABELS 8 AND 10.
4.21 AUTHORIZE POLICE TO UTILIZE THE MIAMI-DADE 10/13/98
COMMUNITY COLLEGE DRIVING RANGE -- R 98-966
ALLOCATE $10,000 FROM POLICE DEPARTMENT FY 16
98/99 GENERAL OPERATING BUDGET, ACCOUNT
001000.290201.6.270.
4.22 ACCEPT PROPOSAL OF APPRAISAL AND REAL STATE 10/13/98
ECONOMICS ASSOCIATES, INC. (AREEA) -- FOR R 98-967
PROFESSIONAL CONSULTANT AND APPRAISAL 16
SERVICES TO ASSIST CITY IN ENSURING
COMMERCIAL REAL PROPERTY SITUATED IN THE
CITY OF MIAMI IS BEING ASSESSED AT "JUST VALUE
--ALLOCATE $75,000 FROM ACCOUNT NO.921002-270. -
SEE LABELS 8 AND 10.
4.23 AUTHORIZE EXECUTIVE DIRECTOR OF BAYFRONT 10/13/98
PARK MANAGEMENT TRUST (EXECUTIVE DIRECTOR) R 98-968
TO EXECUTE AMENDMENT, TO PROFESSIONAL 17
SERVICES AGREEMENT WITH DAVID PLUMMER &
ASSOCIATES -- IN AMOUNT NOT TO EXCEED $17,500 --
FOR PROVISION OF ADDITIONAL ENGINEERING
SERVICES -- FOR BAYFRONT PARK MANAGEMENT
TRUST (TRUST) IN CONNECTION WITH CAPITAL
IMPROVEMENTS TO THE MILDRED AND CLAUDE
PEPPER BAYFRONT PARK (PARK); -- ALLOCATE
FUNDS FROM THE CAPITAL IMPROVEMENT
PROGRAM, `BAYFRONT PARK IMPROVEMENTS",
PROJECT NO. 331401.
4.24 AUTHORIZE EXECUTIVE DIRECTOR OF BAYFRONT 10/13/98
PARK MANAGEMENT TRUST (EXECUTIVE DIRECTOR) R 98-969
TO EXECUTE AMENDMENT, TO PROFESSIONAL 17
SERVICES AGREEMENT WITH LESTER PANCOAST,
FAIA -- IN AMOUNT NOT TO EXCEED $8,000 -- FOR
PROVISION OF ADDITIONAL ARCHITECTURAL AND
CONSTRUCTION SUPERVISION SERVICE FOR
BAYFRONT PARK MANAGEMENT TRUST (TRUST) FOR
MILDRED AND CLAUDE PEPPER BAYFRONT PARK --
ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT
PROGRAM, "BAYFRONT PARK IMPROVEMENTS",
PROJECT NO. 331401.
4.25 DECLARE SURPLUS AND FURTHER APPROVE SALE OF 10/13/98
TWO CITY -OWNED REAL PROPERTIES EACH R 98-970
CONSISTING OF APPROXIMATELY 5,750 SQ. FT., 18
LOCATED AT 776 NW I ITH STREET AND 777 NW IOTH
STREET, IN THE SPRING GARDEN NEIGHBORHOOD,
TO HABITAT FOR HUMANITY OF GREATER MIAMI,
INC. --, FOR DEVELOPMENT OF TWO (2) NEW SINGLE-
FAMILY HOMES, AFFORDABLE TO VERY LOW, LOW
AND/OR MODERATE -INCOME FAMILIES.
4.26. 4.26 ACCEPT PLAT: MARITIME ARENA. 10/13/98
R 98-971
18-19
5. PERSONAL APPEARANCE: REPRESENTATIVE(S) FROM
10/13/98
THE CENTRAL SHOPPING PLAZA MERCHANTS
M 98-972
ASSOCIATION -- APPROVE REQUEST TEMPORARY
19-21
EVENT TO BE HELD AT THE CENTRAL SHOPPING
PLAZA FROM THURSDAY, OCTOBER 29 THROUGH
SUNDAY, NOVEMBER 8, 1998. - SEE LABEL 50.
6. APPROVE SECOND READING ORDINANCE AMENDING
10/13/98
SECTION 53-181(4) OF CODE ENTITLED "SCHEDULE OF
ORDINANCE
FEES" THEREBY REVISING PARKING RATES AT THE
11708
JAMES L. KNIGHT INTERNATIONAL CENTER PUBLIC
21-23
PARKING FACILITY.
7. COMMISSION FAILS TO OVERRIDE MAYORAL VETO
10/13/98
OF ORDINANCE 11698 (PROPOSED AMENDING
DISCUSSION
CHAPTER 2 / ARTICLE II OF CODE ENTITLED
23-24
ADMINISTRATION / MAYOR AND CITY COMMISSION -
PROPOSED ADDING LANGUAGE RELATED TO TIME
TO EFFECTUATE REMOVAL OF CITY MANAGER BY
MAYOR).
8. (A) RECONSIDER CONSENT AGENDA ITEMS CA-25 ( R
10/13/98
98-965 AUTHORIZING REQUEST FOR PROPOSALS FOR
M 98-973
PROVISION OF WORKER'S COMPENSATION CLAIMS
M 98-974
ADMINISTRATIVE SERVICES FOR RISK
24-26
MANAGEMENT) AND CA-27 ( R 98-967 ACCEPTING
PROPOSAL OF APPRAISAL AND REAL ESTATE
ECONOMICS ASSOCIATE, INC., FOR CONSULTING
SERVICES).
(B) SCHEDULE CA-25 AND CA-27 FOR NEXT
COMMISSION MEETING - (SEE LABELS 4 AND 10).
9. PERSONAL APPEARANCE: NESTOR CAPOTE TO
10/13/98
DISCUSS STATUS OF TEATRO MARTI -- DIRECT
M 98-975
ADMINISTRATION TO ASCERTAIN HISTORIC
26-32
DESIGNATION STATUS OF TEATRO MARTI - FURTHER
REQUESTING CITY MANAGER TO STUDY OPTIONS
REGARDING SAID FACILITY INCLUDING FEASIBILITY
OF CITY OWNERSHIP AND MANAGEMENT
AGREEMENT FEE EQUAL TO TAXES - FURTHER
REQUESTING THAT MIAMI CAPITAL CORPORATION
REMAIN IN HOLDING PATTERN UNTIL ISSUE IS
DISCUSSED FURTHER.
10. (A) RECONSIDER PRIOR VOTE WHICH PASSED
CONSENT AGENDA ITEMS 1 THROUGH 31.
(B) REMOVE ITEMS CA-25 (ISSUE REQUEST FOR
PROPOSALS FOR WORKERS' COMPENSATION CLAIMS
ADMINISTRATION SERVICES) AND CA-27 (ACCEPT
PROPOSAL FROM APPRAISAL AN REAL ESTATE
ECONOMICS ASSOCIATES, INC. FOR CONSULTING
SERVICES ENSURING JUST VALUE ASSESSMENTS OF
PROPERTIES IN CITY) FROM CONSENT AGENDA -
PLACE IN REGULAR AGENDA FOR COMMISSION
MEETING OF OCTOBER 27, 1998 - SEE LABELS 4 AND 8.
10.1 ACCEPT BID OF C & S TRAILER SALES, INC. -- FOR
PURCHASE OF TWO -HORSE TRAILERS -- FOR
GENERAL SERVICES ADMINISTRATION TO BE
UTILIZED BY MIAMI POLICE DEPARTMENT MOUNTED
PATROL -- AT TOTAL COST NOT TO EXCEED $24,932.24
-- ALLOCATE FUNDS FROM ACCOUNT CODE NO.
001000.2903 06.6.840.
10.2 ACCEPT BID OF BAKER EQUIPMENT ENGINEERING
COMPANY -- FOR PROVISION AND INSTALLATION OF
ONE (1) AERIAL TOWER (BUCKET TRUCK
APPARATUS) -- FOR GENERAL SERVICES
ADMINISTRATION -- AT TOTAL COST NOT TO EXCEED
$27,694.-- ALLOCATE FUNDS FROM CAPITAL
IMPROVEMENT PROGRAM, "REPLACEMENT OF CITY-
WIDE FLEET", PROJECT NO.311850.
10.3 ACCEPT BID OF AXCITON SYSTEMS, INC. --- FOR
PROVISION OF THREE COMPUTERIZED POLYGRAPH
INSTRUMENTS -- FOR DEPARTMENT OF POLICE -- AT
TOTAL COST NOT TO EXCEED $12,450 -- ALLOCATE
FUNDS FROM ACCOUNT CODE NO.
001000.290201.6.850.
10.4 ACCEPT BID OF JESSLA CONSTRUCTION CORP., IN
THE PROPOSED AMOUNT OF $384,995 --, FOR
PROJECT ENTITLED `BATON DAYCARE CENTER
(SECOND BIDDING) PROJECT, B-6271"-- ALLOCATE
$392,734 FROM PROJECT NO. 331361, AS
APPROPRIATED BY THE FISCAL YEAR 1997-1998
CAPITAL IMPROVEMENT ORDINANCE NO. 11623.
10/13/98
M 98-976
M 98-977
32-34
10/13/98
R 98-978
34
10/13/98
R 98-979
35
10/13/98
R 98-980
35
10/13/98
R 98-981
36
10.5
ACCEPT BID OF JESSLA CONSTRUCTION CORP., IN
10/13/98
PROPOSED AMOUNT OF $384,99 -- FOR PROJECT
R 98-982
ENTITLED "LEMON CITY DAYCARE (SECOND
36
BIDDING) PROJECT, B-6272" - ALLOCATE $428,704
FROM PROJECT NO. 331386, AS APPROPRIATED BY
THE FISCAL YEAR 1997-1998 CAPITAL
IMPROVEMENT ORDINANCE NO. 11623.
10.6
ACCEPT BID OF YOUNG OIL COMPANY, INC. -- FOR-
10/13/98
CONFERENCES, CONVENTIONS AND PUBLIC
R 98-983
FACILITIES --TO FURNISH AND INSTALL FUEL
37
DISPENSING EQUIPMENT AND PROVIDE FUEL TO
TENANTS AND CUSTOMERS AT MARINE STADIUM
MARINA.
10.7
BID OF WEATHERTROL MAINTENANCE CORP.,
10/13/98
(HISPANIC/LOCAL VENDOR) -- FOR REPLACEMENT
R 98-984
OF AIR CONDITIONING COOLING TOWER -- FOR
37
DEPARTMENT OF POLICE, -- ALLOCATE $49,655 FROM
CAPITAL IMPROVEMENT PROGRAM, ACCOUNT CODE
NO.312015.299401.6.840.
10.8
ACCEPT BID OF ROYAL PACIFIC COMPANY
10/13/98
(HISPANIC/LOCAL VENDOR) -- FOR REPLACEMENT OF
R 98-985
EXTERIOR WALK DOORS AT FIRE STATION 1 --, FOR
37
DEPARTMENT OF FIRE -RESCUE -- ALLOCATE $5,488
FROM ACCOUNT CODE NO.
10.9
ACCEPT BID OF ALMARK ENTERPRISES (NON-
10/13/98
MINORITY/NON-LOCAL VENDOR) -- FOR PROVISION
R 98-986
OF SLEEPING BAGS -- FOR DEPARTMENT OF FIRE-
38
RESCUE,-- ALLOCATE $10,230 FROM URBAN SEARCH
AND RESCUE GRANT, ACCOUNT CODE NO.
313 826.802 801.6.840.
10.10
ACCEPT BID OF ABRAHAM CHEVROLET OF MIAMI,
10/13/98
INC., (NON-MINORITY/LOCAL VENDOR) -- FOR FIVE
R 98-987
(5) CHEVROLET TAHOES, POLICE PACKAGE WITH
38
OPTIONS -- FOR DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION -- ALLOCATE $147,940
FROM CAPITAL IMPROVEMENT PROGRAM,
"REPLACEMENT OF CITY-WIDE FLEET", PROJECT NO.
311850.
10.11 APPROVE PURCHASE OF WHELEN EMERGENCY
WARNING DEVICES AND LIGHTING -- FOR POLICE
TRAFFIC ENFORCEMENT MOTORCYCLES FROM
CENTRAL PUBLIC SAFETY EQUIPMENT CO -- UNDER
EXISTING MIAMI-DADE COUNTY CONTRACT NO.
IB5794-1 -- FOR GENERAL SERVICES
ADMINISTRATION -- ALLOCATE $27,397.60 FROM
CAPITAL IMPROVEMENT PROGRAM, "REPLACEMENT
OF CITY-WIDE FLEET", PROJECT NO. 311850.
10.12 ACCEPT BID OF STATIONARY POWER SERVICES, INC.,
(NON-MINORITY/NON-LOCAL VENDOR) -- FOR
REMOVAL AND REPLACEMENT OF THREE POWER
INVERTER SYSTEMS CITY-WIDE -- AT TOTAL COST
NOT TO EXCEED $38,97 -- ALLOCATE FUNDS FROM
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, ACCOUNT CODE NO.
5 06000.420601.6. 840.
10.13 ACCEPT BID OF BEST MAINTENANCE AND
JANITORIAL SERVICE, INC., (FEMALE/MIAMI-DADE
COUNTY VENDOR) -- FOR PROVISION OF CUSTODIAL
SERVICES AT MANUEL ARTIME CENTER -- FOR
DEPARTMENT OF PUBLIC FACILITIES -- FOR TOTAL
ANNUAL AMOUNT NOT TO EXCEED $36,00 --;
ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT
PROJECT NO. 311016, ACCOUNT CODE NO.
450001.350509.340.
10.14 APPROVE PROCUREMENT OF DERELICT VESSEL
REMOVAL SERVICES WITHIN CITY OF MIAMI
WATERWAYS FROM DOCK & MARINE
CONSTRUCTION, CAPTAIN DANS MARINE TOWING &
SALVAGE, EPPERSON CRANES, INC., AND MARIN &
MARIN CONSTRUCTION -- ALLOCATE $27,389 FROM
SPECIAL REVENUE FUND ENTITLED "DERELICT
VESSEL REMOVAL GRANT PROGRAM", AS
APPROPRIATED BY ORDINANCE NO. 11559, ADOPTED
OCTOBER 28, 1997.
10.15 APPROVE PURCHASE OF AMMUNITION FROM
LAWMEN'S & SHOOTERS' SUPPLY, INC., UNDER
EXISTING STATE OF FLORIDA CONTRACT NO. 680-000-
99-1, ON AN AS -NEEDED CONTRACT BASIS UNTIL
JULY 19,1999 -- FOR POLICE --ALLOCATE $140,000
FROM ACCOUNT CODE NO. 001000.290201.6.703.
10/13/98
R 98-988
39
10/13/98
R 98-989
39
10/13/98
R 98-990
40
10/13/98
R 98-991
40
10/13/98
R 98-992
41
10.16 APPROVE PROCUREMENT OF HYDRAULIC PARTS, 10/13/98
SUPPLIES AND REPAIR SERVICES FROM VENDORS R 98-993
LISTED ON THE ATTACHED CONTRACT AWARD 41
SHEET, UNDER EXISTING MIAMI-DADE COUNTY
CONTRACT NO. 4599-4/02-OTR, -- FOR GENERAL
SERVICES ADMINISTRATION, -- ALLOCATE $175,000
FROM GENERAL SERVICES ADMINISTRATION FY `98-
99 BUDGET, HEAVY EQUIPMENT GARAGE, ACCOUNT
CODE NOS. 509000.420901.6.670 ($65,000) AND
509000.420901.6.702 ($110,000).
10.17 APPROVE PROCUREMENT OF AUTOMOTIVE 10/13/98
BATTERIES FROM EXIDE CORPORATION, -- FOR R 98-994
GENERAL SERVICES ADMINISTRATION, ALLOCATING 42
$45,000 FROM ACCOUNT CODE NO. 509000.420901.6.702.
10.18 RESCIND BID AWARD TO NEWAY SYSTEMS, INC. -- 10/13/98
FOR MARINA CLEANING SERVICES AT DINNER KEY R 98-995
MARINA -- AWARD BID TO MR. CLEAN RELIABLE 42
SERVICES, INC.-- FOR FURNISHING OF SAID SERVICES
AT DINNER KEY MARINA UNTIL OCTOBER 26, 1998 --
$7,058.88; ALLOCATE $7.058.88 FROM ACCOUNT CODE
NO.413000.350505.6.340.
10.19 AUTHORIZE FUNDING OF POLICE ATHLETIC LEAGUE 10/13/98
("PAL") PROGRAM, -- ALLOCATE FUNDS IN AMOUNT R 98-996
NOT TO EXCEED $93,000, FROM THE LAW 43
ENFORCEMENT TRUST FUND, PROJECT NOS. 690001,
690002, AND 690003.
10.20 AUTHORIZE POLICE TO UTILIZE THE MIAMI-DADE 10/13/98
COMMUNITY COLLEGE DRIVING RANGE -- R 98-997
ALLOCATE $10,000 FROM POLICE DEPARTMENT FY 43
98/99 GENERAL OPERATING BUDGET, ACCOUNT
001000.290201.6.270.
10.21 AUTHORIZE EXECUTIVE DIRECTOR OF BAYFRONT 10/13/98
PARK MANAGEMENT TRUST (EXECUTIVE DIRECTOR) R 98-998
TO EXECUTE AMENDMENT, TO PROFESSIONAL 44
SERVICES AGREEMENT WITH DAVID PLUMMER &
ASSOCIATES -- IN AMOUNT NOT TO EXCEED $17,500 --
FOR PROVISION OF ADDITIONAL ENGINEERING
SERVICES -- FOR BAYFRONT PARK MANAGEMENT
TRUST (TRUST) IN CONNECTION WITH CAPITAL
IMPROVEMENTS TO THE MILDRED AND CLAUDE
PEPPER BAYFRONT PARK (PARK); -- ALLOCATE
FUNDS FROM THE CAPITAL IMPROVEMENT
PROGRAM, `BAYFRONT PARK IMPROVEMENTS",
PROJECT NO. 331401.
10.22 AUTHORIZE EXECUTIVE DIRECTOR OF BAYFRONT 10/13/98
PARK MANAGEMENT TRUST (EXECUTIVE DIRECTOR) R 98-999
TO EXECUTE AMENDMENT, TO PROFESSIONAL 44
SERVICES AGREEMENT WITH LESTER PANCOAST,
FAIA -- IN AMOUNT NOT TO EXCEED $8,000 -- FOR
PROVISION OF ADDITIONAL ARCHITECTURAL AND
CONSTRUCTION SUPERVISION SERVICE FOR
BAYFRONT PARK MANAGEMENT TRUST (TRUST) FOR
MILDRED AND CLAUDE PEPPER BAYFRONT PARK --
ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT
PROGRAM, "BAYFRONT PARK IMPROVEMENTS",
PROJECT NO. 331401.
10.23 DECLARE SURPLUS AND FURTHER APPROVE SALE OF 10/13/98
TWO CITY -OWNED REAL PROPERTIES EACH R 98-1000
CONSISTING OF APPROXIMATELY 5,750 SQ. FT., 45
LOCATED AT 776 NW I ITH STREET AND 777 NW IOTH
STREET, IN THE SPRING GARDEN NEIGHBORHOOD,
TO HABITAT FOR HUMANITY OF GREATER MIAMI,
INC. --, FOR DEVELOPMENT OF TWO (2) NEW SINGLE-
FAMILY HOMES, AFFORDABLE TO VERY LOW, LOW
AND/OR MODERATE -INCOME FAMILIES.
10.24 ACCEPT PLAT: MARITIME ARENA. 10/13/98
R 98-1001
45
11. APPROVE SECOND READING ORDINANCE AMENDING 10/13/98
CHAPTER 54 OF CODE ENTITLED STREETS AND ORDINANCE
SIDEWALKS -- AMEND SECTION 54-190, ENTITLED 11709
NONSTANDARD STREET WIDTHS, BY ADDING WEST 46
DRIVE, BETWEEN MATHESON AVENUE AND
STEWART AVENUE, IN COCONUT GROVE.
12. APPROVE SECOND READING ORDINANCE 10/13/98
ABOLISHING TAX-EXEMPT PROPERTY STEERING ORDINANCE
COMMITTEE. 11710
46-48
13. APPROVE SECOND READING ORDINANCE AMENDING 10/13/98
CHAPTER 54/ARTICLE IX OF CODE, ENTITLED ORDINANCE
"STREETS AND SIDEWALKS/COCONUT GROVE 11711
SPECIAL EVENTS DISTRICT", -- PROVIDE THAT CITY 48-49
COMMISSIONER APPOINTED AS EX OFFICIO
NONVOTING MEMBER OF THE COCONUT GROVE
STANDING FESTIVAL COMMITTEE MAY BE
DESIGNATED BY CITY COMMISSION AS
CHAIRPERSON.
14. DEFER TO NEXT MEETING PROPOSED SECOND
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. - DIRECT CITY MANAGER TO
PREPARE BUDGET IMPACT ANALYSIS CONCERNING
TRANSFERS OR CHANGES FOR SAID INSPECTION AND
SERVICE FEE CHARGES.
15. (A) APPROVE SECOND READING 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 -- PROVIDE FOR
APPLICATION FOR COMMERCIAL DOCKAGE AND
REGULATIONS FOR REAPPLICATION FOR DOCKAGE
AFTER REVOCATION BY CITY - INSTRUCT CITY
MANAGER TO RETURN TO CITY COMMISSION WITH
REVISED MARINA PLAN FOR APPROVAL.
(B) INSTRUCT CITY MANAGER TO ADVERTISE SLIP
NUMBER ONE IN MIAMARINA FOR BERTHING OF
PRIVATE VESSEL - STIPULATE THAT INCUMBENT BE
GIVEN RIGHT TO MATCH BEST OFFER -- PERSONAL
APPEARANCE: MICHAEL DUDIK - DIRECT CITY
MANAGER TO FIND TEMPORARY DOCKAGE FOR MR.
DUDIK'S VESSEL IN MIAMARINA.
16. TABLE CONSIDERATION OF AGENDA ITEM 16
(PROPOSED SECOND READING ORDINANCE
AMENDING CHAPTER 2, ARTICLE IV, DIVISION 12, OF
CODE, ENTITLED "ADMINISTRATION, DEPARTMENTS,
MANAGEMENT AND BUDGET DEPARTMENT BY
ENACTING AN ANTI -DEFICIENCY ORDINANCE TO SET
FORTH REGULATIONS TO ENSURE THAT
DEPARTMENTS AND DEPARTMENT DIRECTORS AND
DESIGNEES WITH AUTHORITY TO DIRECT
OBLIGATION OR DISBURSEMENT OF CITY FUNDS DO
NOT EXPEND FUNDS DURING FISCAL YEAR IN
EXCESS OF THOSE WHICH HAVE BEEN APPROVED IN
DULY ADOPTED BUDGET) TO LATER IN SESSION -
SEE LABEL 59.
10/13/98
M 98-1002
49-51
10/13/98
M 98-1003
ORDINANCE
11712
52-62
10/13/98
DISCUSSION
62
17. (A) DEFER CONSIDERATION OF AGENDA ITEM 12 10/13/98
(PROPOSED SECOND READING ORDINANCE M 98-1004
AMENDING CHAPTER 2/ARTICLES X. AND XI. OF 63-79
CODE ENTITLED "ADMINISTRATION/CODE
ENFORCEMENT AND BOARDS, COMMITTEES,
COMMISSIONS" TO ALLOW THE CITY COMMISSION
TO CREATE ADDITIONAL CODE ENFORCEMENT
BOARDS) AND ITEM 49 (DISCUSS EFFECTIVENESS OF
CODE ENFORCEMENT BOARD) - DIRECT
ADMINISTRATION TO HAVE SAID BOARD HEAR LOT
CLEARING ISSUES - DIRECT CITY MANAGER AND
CITY ATTORNEY TO RECOMMEND OPERATIONAL
EFFICIENCY MEASURES FOR SAID BOARD BY CITY
COMMISSION MEETING OF NOVEMBER 17, 1998.
(B) DIRECT CITY MANAGER TO THANK MEMBERS OF
CODE ENFORCEMENT BOARD FOR HARD WORK.
18. AMEND U.S. HOUSING AND URBAN DEVELOPMENT'S 10/13/98
(HUD) HOME BUYER FINANCIAL PROGRAM TO R 98-1005
ALLOW FOR MORE PRIVATE SECTOR DEVELOPERS 79-82
PARTICIPATION (LOW INCOME HOUSING).
19. COMMENDATIONS: RONALD PAPIER / PLACIDO DIAZ: 10/13/98
POLICE OFFICERS OF THE MONTH OF MAY, 1998. DISCUSSION
83
20. APPROVE SECOND READING ORDINANCE AMENDING 10/13/98
CHAPTER 2 / ARTICLE XI / DIVISION 6. OF CODE ORDINANCE
ENTITLED "ADMINISTRATION / BOARDS, 11713
COMMITTEES, COMMISSIONS / MIAMI SPORTS AND 83-84
EXHIBITION AUTHORITY -- TO (1) ALLOW FOR EACH
MEMBER OF THE CITY COMMISSION TO SERVE ON
THE MIAMI SPORTS AND EXHIBITION AUTHORITY
("MSEA") FOR ONE (1) YEAR -- (2) DELETE
REQUIREMENT THAT APPOINTED COMMISSIONER BE
PRESIDING OFFICER OF THE CITY COMMISSION, -- (3)
DESIGNATE THAT MEMBERS APPOINTED TO MSEA
SHALL SERVE FOR NOT LESS THAN ONE YEAR.
21. (A) COMMENTS CONCERNING BUDGETARY IMPACT
OF PROPOSED CULTURAL AND FINE ARTS BOARD —
DIRECT CITY CLERK TO REPORT ON COST OF
LOBBYISTS FEES COLLECTED AND ADMINISTRATION
— DIRECT CITY MANAGER TO ESTABLISH COST
STRUCTURE FOR BOARDS.
(B) RESCHEDULE BOTH NOVEMBER COMMISSION
MEETINGS TO NOVEMBER 17, 1998 — RESCHEDULE
BOTH DECEMBER COMMISSION MEETINGS TO
DECEMBER 8, 1998 — SEE LABEL 23.
(C) DEFER CONSIDERATION OF AGENDA ITEM 14
(PROPOSED SECOND READING ORDINANCE
AMENDING CHAPTER 2/ARTICLE XI OF CODE,
ENTITLED "ADMINISTRATION/BOARDS,
COMMITTEES, COMMISSIONS, TO ESTABLISH THE
CULTURAL AND FINE ARTS BOARD;) — FURTHER
COMMENTS CONCERNING RESOURCES OF PARKS
AND RECREATION DEPARTMENT.
22. (A) APPROVE SECOND READING ORDINANCE
ESTABLISHING SPECIAL REVENUE FUND ENTITLED
"NON BUDGETED REVENUES" AND AUTHORIZING
THE CITY MANAGER TO OPEN A BANK ACCOUNT
("ACCOUNT"), IN CONJUNCTION WITH SAID FUND,
WHICH SHALL SERVE AS THE EXPLICIT DEPOSITORY
OF UNANTICIPATED REVENUES TO BE RECEIVED BY
THE CITY OF MIAMI AND UTILIZED AS DIRECTED BY
THE CITY COMMISSION FOR PUBLIC PURPOSE. —
DIRECT CITY MANAGER TO HAVE INTERNAL
AUDITOR ANSWER TO CITY COMMISSION.
(B) DIRECT CITY MANAGER TO EARMARK FIRST
$250,000 TO BE DEPOSITED IN NEW FUND FOR NON -
BUDGETED REVENUES FOR COMMUNITY
REDEVELOPMENT AGENCY (CRA).
23. (A) RESCHEDULE FIRST REGULAR MEETING IN
NOVEMBER TO NOVEMBER 17, 1998, AT 10 A.M. —
RESCHEDULE SECOND CITY COMMISSION MEETING
IN NOVEMBER TO NOVEMBER 17, 1998, AT 2 P.M.
(B) RESCHEDULE SECOND CITY COMMISSION
MEETING OF DECEMBER TO DECEMBER 8, 1998, AT 2
P.M. (See label #21).
10/13/98
M 98-1006
M 98-1007
84-90
10/13/98
ORDINANCE
11714
M 98-1008
90-94
10/13/98
R 98-1009
R 98-1009.1
94-95
24. APPROVE FIRST READING ORDINANCE AMENDING
CHAPTER 2, ARTICLE II, OF CODE, ENTITLED:
"MAYOR AND CITY COMMISSION", BY AMENDING
SECTION 2-33(E) CONCERNING POCKET ITEMS, TO
PROVIDE THAT LEGISLATION ASSOCIATED WITH
SUCH ITEMS BE PRESENTED AND REVIEWED BY THE
CITY MANAGER AND CITY ATTORNEY IN ADVANCE
OF MEETING.
25. APPROVE FIRST READING ORDINANCE AMENDING
CHAPTER 2, ARTICLE II, OF CODE ENTITLED "MAYOR
AND CITY COMMISSION", -- AMEND SECTION 2-330)
CONCERNING THE CALLING OF SPECIAL CITY
COMMISSION MEETINGS, TO PROVIDE THAT A
SPECIAL MEETING MAY BE CALLED UPON THE
WRITTEN REQUEST OF THE MAYOR, OR THE
PRESIDING OFFICER OR THREE COMMISSIONERS TO
THE CITY CLERK.
26. DEFER CONSIDERATION OF AGENDA ITEM 17
(PROPOSED FIRST READING ORDINANCE AMENDING
SECTION 2-33 OF CODE, ENTITLED: "ORDER OF
BUSINESS AND RULES OF PROCEDURE" TO VEST THE
RESPONSIBILITY OF AGENDA PRE PREPARATION
WITH THE CITY ATTORNEY) TO COMMISSION
MEETING OF DECEMBER 8, 1998.
27. APPROVE FIRST READING ORDINANCE AMENDING
CHAPTER 10, ARTICLE I, OF CODE ENTITLED
"BUILDINGS/ IN GENERAL", WHICH SETS FORTH FEES
FOR BUILDING, PLUMBING, ELECTRICAL,
MECHANICAL, (INCLUDING BOILER AND ELEVATOR)
INSPECTION, PERMIT AND CERTIFICATE FEE --, TO
MODIFY FEES FOR CONSTRUCTION DEBRIS
REMOVAL AND PROVIDE FOR EXEMPTION.
10/13/98
FIRST READING
ORDINANCE
95-98
10/13/98
FIRST READING
ORDINANCE
98-99
10/13/98
M 98-1010
99-100
10/13/98
FIRST READING
ORDINANCE
100-102
28. FIRST READING ORDINANCE: AMEND CHAPTER 18,
ARTICLE III, OF CODE, ENTITLED:
"FINANCE/PURCHASING AND CONTRACTS
GENERALLY", TO ALLOW THE CITY OF MIAMI TO
ACCEPT A COMPETITIVE BID PROPOSAL OR
CONTRACT WHICH HAS BEEN SECURED BY OR ON
BEHALF OF ANY FEDERAL, STATE, COUNTY, OR
MUNICIPAL GOVERNMENT, OR FROM ANY OTHER
GOVERNMENTAL ENTITY AND NOT -FOR -PROFIT
ORGANIZATIONS; AND TO EXEMPT CITY OF MIAMI
FROM ALL COMPETITIVE BIDDING PROCEDURES
WHEN CITY ENTERS INTO AGREEMENT WITH OTHER
GOVERNMENTAL AGENCIES OR STATE FUNDED
INSTITUTIONS FOR PURCHASE OR ACQUISITION OF
NECESSARY SUPPLIES AND/OR SERVICES.
29. FIRST READING ORDINANCE: AMEND CHAPTER
2/ARTICLE XI OF CODE, AS AMENDED, ENTITLED
"ADMINISTRATIONBOARDS, COMMITTEES,
COMMISSIONS, TO ESTABLISH UNITY COUNCIL OF
MIAMI ("TUCOM");. - BRIEF COMMENTS
CONCERNING INTERNAL REVENUE SERVICE
RULINGS.
30. DEFER CONSIDERATION OF AGENDA ITEM 21
(PROPOSED FIRST READING ORDINANCE AMENDING
SECTION 40-250 OF CODE ENTITLED "RIGHT OF
CERTAIN PERSONS TO REJECT MEMBERSHIP" AS IT
RELATES TO PENSION BENEFITS FOR CITY
ATTORNEY / ASSISTANT CITY MANAGERS /
ASSISTANTS TO CITY MANAGER) TO COMMISSION
MEETING OF OCTOBER 27, 1998 - SEE LABEL 74.
31. RATIFY/ APPROVE/ CONFIRM CITY MANAGER'S
FINDING OF EMERGENCY -- WAIVE COMPETITIVE
SEALED BIDS -- APPROVE EMERGENCY REPAIR OF
AIR CONDITIONING SYSTEM AND RELATED WORK IN
SOUTH SERVICE BUILDING AND AMPHITHEATER
LOCATED IN THE MILDRED AND CLAUDE PEPPER
BAYFRONT PARK BY ENVIRONMENTAL CONTROL, IN
THE AMOUNT OF $11,047.43-- ALLOCATE FUNDS
FROM THE CAPITAL IMPROVEMENT PROGRAM,
"BAYFRONT PARK IMPROVEMENTS", PROJECT NO.
331401.
10/13/98
FIRST READING
ORDINANCE
103
10/13/98
FIRST READING
ORDINANCE
104-105
10/13/98
M 98-1011
105-109
10/13/98
R 98-1012
110
32.
CERTIFY THAT THE ST. JOHN APARTMENTS PROJECT,
10/13/98
PHASE I, IS AFFORDABLE TO LOW AND MODERATE
R 98-1013
INCOME FAMILIES - FURTHER CERTIFY THAT
111-112
AFOREMENTIONED PROJECT AND THE St. JOHN'S
APARTMENTS HOUSING PROJECT -PHASE IV IN
OVERTOWN TARGET AREA ARE CONSISTENT WITH
COMPREHENSIVE PLAN 1989-2000 AND COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
CONSOLIDATED PLAN.
33.
APPROVE AFFORDABLE HOMEOWNERSHIP
10/13/98
DEVELOPMENT RELATING TO PROPOSED LYRIC
R 98-1014
VILLAGE HOUSING PROJECT -- PLANNED FOR
113-116
DEVELOPMENT IN OVERTOWN TARGET AREA BY ST.
JOHN COMMUNITY DEVELOPMENT CORPORATION,
AT NORTHWEST 6TH AND 8TH STREETS BETWEEN
NORTHWEST 1ST AND 2ND AVENUES -- REAFFIRM
CITY COMMITMENT OF $500.000 IN FY 1997-98 HOME
PROGRAM FUNDING FROM PROJECT ACCOUNT NO.
198006-630201 AND $500,000 FROM COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM FROM
PROJECT ACCOUNT NO. 799201-045620 TO
AFOREMENTIONED PROJECT PURSUANT TO MOTION
NO. 97-505, ADOPTED JULY 24,1997 AND RESOLUTION
NO. 97-759 ADOPTED OCTOBER 28, 1997.
34.
AUTHORIZE CITY MANAGER TO ISSUE REQUEST FOR
10/13/98
PROPOSALS (RFP) TO OBTAIN QUALIFIED FINANCIAL
R 98-1015
ADVISOR TO PROVIDE BROAD SCOPE OF
116-118
PROFESSIONAL FINANCIAL SERVICES TO THE CITY
OF MIAMI.
35.
ACCEPT BID OF PERSONAL SAFETY EQUIPMENT CO.,
10/13/98
INC. -- FOR PROVISION OF RESCUE MINERS BOOTS ---
R 98-1016
FOR FIRE -RESCUE; -- ALLOCATE $29,800 FROM
118
TURBAN SEARCH AND RESCUE GRANT, ACCOUNT
CODE NO. 313826.802801.6.840.
36.
APPROVE DECISION MADE PURSUANT TO THE CHIEF
10/13/98
PROCUREMENT OFFICER'S AUTHORITY UNDER
R 98-1017
SECTION 18-99 OF THE CODE OF THE CITY OF MIAMI,
119-127
TO REJECT THE PROTEST FILED BY MEDAPHIS, INC.
IN CONNECTION WITH REQUEST FOR PROPOSALS NO.
96-97-110 FOR EMERGENCY MEDICAL TRANSPORT
BILLING AND/OR COLLECTION SERVICES.
37.
APPROVING THE DECISION MADE PURSUANT TO THE
10/13/98
CHIEF PROCUREMENT OFFICER'S AUTHORITY UNDER
R 98-1018
SECTION 18-99 OF THE CODE OF THE CITY OF MIAMI,
127-128
TO REJECT THE PROTEST FILED BY ADVANCED DATA
PROCESSING, INC., IN CONNECTION WITH REQUEST
FOR PROPOSALS NO. 96-97-110, EMERGENCY
MEDICAL TRANSPORT BILLING AND/OR COLLECTION
SERVICES.
38.
REJECT ALL PROPOSALS RECEIVED FROM FIRMS TO
10/13/98
PROVIDE EMERGENCY MEDICAL SERVICES (EMS)
R 98-1019
BILLING AND/OR COLLECTION SERVICES, FOR THE
R 98-1020
DEPARTMENT OF FIRE -RESCUE; AUTHORIZE CITY
128-133
MANAGER TO NEGOTIATE WITH LOCKHEED MARTIN
EMS, ADVANCED DATA PROCESSING, INC., AND
MEDAPHIS CORPORATION FOR SAID SERVICES AND
COME BACK WITH RECOMMENDATION FOR
COMMISSION CONSIDERATION.
39.
DEFER CONSIDERATION OF PROPOSED BID OF
10/13/98
HARLEY DAVIDSON OF SEMINOLE FOR THE LEASE
M 98-1021
OF TWENTY-THREE (23) POLICE TRAFFIC LAW
133-134
ENFORCEMENT MOTORCYCLES.
40.
RATIFY, APPROVE AND CONFIRM MANAGER'S
10/13/98
FINDING OF AN EMERGENCY WAIVE REQUIREMENTS
R 98-1022
FOR COMPETITIVE SEALED BIDS AND APPROVING
134-135
THE PURCHASE OF MOBILE EQUIPMENT
REPLACEMENT PARTS AND REPAIR SERVICES FOR
SOLID WASTE TRASH CRANES FROM VARIOUS
VENDORS LISTED IN EXHIBIT A, ATTACHED HERETO,
AND AWARDED UNDER EXISTING MIAMI-DADE
COUNTY CONTRACT NO. 5380-2/00, AT A TOTAL COST
NOT TO EXCEED $6,000; ALLOCATING FUNDS
THEREFOR FROM THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION FY '98 OPERATING
BUDGET, ACCOUNT CODE NO. 509000.420901.6.702.
41.
AUTHORIZE CITY MANAGER TO ALLOCATE FUNDS
10/13/98
TO THE FLORIDA DEPARTMENT OF LAW
R 98-1023
ENFORCEMENT -- FOR PAYMENT OF OUTSTANDING
135-136
INVOICES AND PROCUREMENT OF BACKGROUND
INVESTIGATION SERVICES -- FOR HUMAN
RESOURCES; ALLOCATE $11,140 from GENERAL
OPERATING BUDGET OF DEPARTMENT OF HUMAN
RESOURCES, ACCOUNT NO. 001000.270101.6.270.
42. APPROVE PURCHASE OF DESKTOP MICROCOMPUTER,
WINDOWS NT NETWORK SERVERS, RELATED
SUPPORT SERVICES, NETWORK CONNECTIVITY
DEVICES, AND MICROSOFT LICENSES AND
MAINTENANCE FROM COMARK GOVERNMENT
EDUCATION SALES, DIGITAL EQUIPMENT
CORPORATION, IBM, INC., CABLETRON, CISCO
SYSTEMS, AND WAREFORCE, INC. --FOR PUBLIC
WORKS DEPARTMENT, -- ALLOCATE $70,000 FROM
FISCAL YEAR 1997-1998 CIP ORDINANCE NO. 11623, AS
AMENDED, UNDER PROJECT NO.311019.
43. APPROVE PURCHASE OF HEWLETT-PACKARD
DESIGNJET 2500 CP PRINTER/PLOTTER AND RELATED
MAINTENANCE SUPPORT SERVICE FROM CADD
CENTERS OF FLORIDA, -- FOR PUBLIC WORKS
DEPARTMENT, AT A TOTAL COST OF $10,000;
ALLOCATE $10,000 FROM FISCAL YEAR 1997-1998 CIP
ORDINANCE NO. 11623, AS AMENDED, UNDER
PROJECT NO.311019.
44. AUTHORIZE PAYMENT OF FEES FOR LEGAL SERVICES
PROVIDED TO THE CITY OF MIAMI BY HOLLAND &
KNIGHT -- FOR ASSISTANCE IN OBTAINING WAIVER
OF DEED RESTRICTION ON WATSON ISLAND IN
CONNECTION WITH THE PARROT JUNGLE PROJECT;
ALLOCATE $50,000 IN FULL PAYMENT, FROM
LEGISLATIVE LIAISON FUNDS ACCOUNT, ACCOUNT
CODE NO. 920216-270 FOR SAID SERVICES.
45. RESCIND RESOLUTION NO. 97-784, ADOPTED
NOVEMBER 1, 1997 -- AUTHORIZING 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
PROCEEDINGS TO BE INITIATED AGAINST DELOITTE
& TOUCHE, FORMER CITY OF MIAMI EXTERNAL
AUDITORS -- SAID ENGAGEMENT TO BE UNDER
CONTINGENCY FEE ARRANGEMENT AS HEREIN
SPECIFIED, WITH ALL EXPENSES TO BE APPROVED
BY THE CITY ATTORNE --; ALLOCATE FUNDS FOR
COSTS FROM ACCOUNT NO. 92-10-02, MINOR OBJECT
CODE 270.
10/13/98
R 98-1024
136-137
10/13/98
R 98-1025
137-138
10/13/98
R 98-1026
138-139
10/13/98
R 98-1027
139-141
46.
DEFER CONSIDERATION OF AGENDA ITEM 37
10/13/98
(PROPOSED SETTLEMENT TO PAY EDWARD
M 98-1028
MARQUEZ, WITHOUT ADMISSION OF LIABILITY, A
141-145
TOTAL SUM OF $311,991.95) TO MEETING OF
NOVEMBER 17, 1998 - FURTHER SUGGEST MR.
MARQUEZ PERFORM FINANCIAL ADVISOR TYPE
SERVICES FOR CITY.
47.
AUTHORIZE CONTINUING ENGAGEMENT OF
10/13/98
DANIELS, KASHTAN & FORNARIS, P.A. ("DANIELS" --,
R 98-1029
FOR LEGAL SERVICES PROVIDED TO THE CITY OF
145-146
MIAMI IN CONNECTION THE CASE OF GREGORI
INTERNATIONAL OF FLORIDA, INC. VS. THE CITY OF
MIAMI, IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT, CASE NO. 97-16935-CA (20) --
ALLOCATE FUNDS IN AN AMOUNT NOT TO EXCEED
$25,000 -- FROM THE SELF-INSURANCE AND
INSURANCE TRUST FUND, ACCOUNT CODE NO.
515 001.424401.6.661.
48.
AUTHORIZE SETTLEMENT: PERRY L. ANDERSON, JR.,
10/13/98
WITHOUT ADMISSION OF LIABILITY, THE SUM OF
R 98-1030
$330,000, --FOR THE CASE PERRY L. ANDERSON, JR.
146-149
VS. CITY OF MIAMI, JORGE L. FERNANDEZ, AND A.
QUINN JONES, III, IN THE UNITED STATES DISTRICT
COURT, COURT CASE NO. 92-0435-CIV-GRAHAML--
ALLOCATE FUNDS FROM THE INSURANCE AND SELF-
INSURANCE TRUST FUND, INDEX CODE NO. 620101-
515 001.424401.6.661.
49.
AUTHORIZE PAYMENT OF FEES -- FOR LEGAL
10/13/98
SERVICES PROVIDED TO CITY BY WEISS SEROTA
R 98-1031
HELFMAN PASTORIZA & GUEDES, P.A. ("WEISS"), AND
149-152
THE CITY ATTORNEY'S CONTINUED ENGAGEMENT
OF SAID FIRM, IN CONNECTION WITH TWO
LAWSUITS, IVEY KEARSON, JR. VS. THE CITY OF
MIAMI AND THE CIVIL SERVICE BOARD, IN THE
CIRCUIT COURT OF THE ELEVENTH JUDICIAL
CIRCUIT, CASE NOS. 96-238 AP AND 96-242 AP --
ALLOCATE $20,000 FROM THE SELF-INSURANCE AND
INSURANCE TRUST FUND, ACCOUNT CODE NO.
515001.424401.6.661.
50.
APPROVE SPECIAL EVENT AT CENTRAL SHOPPING
10/13/98
PLAZA - CORRECT DATES AS STATED IN MOTION 98-
R 98-1032
972 TO OCTOBER 29 THROUGH NOVEMBER 8, 1998 -
152-153
SEE LABEL 5.
51.
AUTHORIZE PROFESSIONAL SERVICE AGREEMENT,
10/13/98
WITH THE COOPER INSTITUTE FOR AEROBICS
R 98-1033
RESEARCH -- FOR PHYSICAL FITNESS SPECIALIST
153-154
CERTIFICATION WORKSHOP -- FOR POLICE IN
AMOUNT NOT TO EXCEED $12,000 -- ALLOCATE
FUNDS FROM THE ENTREPRENEURIAL FUND,
ACCOUNT CODE NO. 126001.290402.6.270.
52.
ACCEPT FINDINGS OF EVALUATION COMMITTEE
10/13/98
THAT THE MOST QUALIFIED FIRMS, IN RANK ORDER,
R 98-1034
ARE: 1) INSTITUTE OF GOVERNMENT AT F.I.U., AND 2)
154-157
PUBLIC SAFETY INTERNATIONAL, TO PROVIDE
HUMAN DIVERSITY TRAINING FOR SWORN
PERSONNEL OF CITY OF MIAMI POLICE DEPARTMENT
-- AUTHORIZE CITY MANAGER TO NEGOTIATE AND
EXECUTE AGREEMENT, , FOR TOTAL SUM NOT TO
EXCEED $135,000 --, ALLOCATE FUNDS FROM LAW
ENFORCEMENT TRUST FUND PROJECT NOS. 690001,
690002 AND 690003.
53.
RATIFY / APPROVE, / CONFIRM CITY MANAGER'S
10/13/98
FINDING OF EMERGENCY -- APPROVE EMERGENCY
R 98-1035
PROCUREMENT OF PSYCHOLOGICAL PRE-
157-159
EMPLOYMENT SCREENING AND PSYCHOLOGICAL
COUNSELING SERVICES FROM LAW ENFORCEMENT
PSYCHOLOGICAL AND COUNSELING ASSOCIATES,
INC. -- ALLOCATE $103,000 FROM POLICE GENERAL
OPERATING FY 98/99 BUDGET, ACCOUNT CODE NOS.
001000.290201.6.260 ($65,000) AND 001000.290201.6.270
($38,000).
54.
RATIFY / APPROVE / CONFIRM CITY MANAGER'S
10/13/98
FINDING OF EMERGENCY -- APPROVE CONTRACT TO
R 98-1036
WEISS & WOOLRICH SOUTHERN ENTERPRISES, INC.,
159-160
FOR "COCONUT GROVE CONVENTION CENTER
OFFICE ROOF REPLACEMENT, B-6304" PROJECT --
ALLOCATE $46,080 AS APPROPRIATED BY THE FY
1997-1998 CAPITAL IMPROVEMENT ORDINANCE NO.
11623, AS AMENDED, PROJECT NO. 325006.
55.
DEFER CONSIDERATION OF AGENDA ITEM 46 (discuss
10/31/98
COST AND TIME ELEMENT OF DOING POLICE/FIRE
M 98-1037
OPERATIONAL REVIEW ASSISTANCE ON THE
160
STRATEGIC PLAN AND ITEM 47 (NOISE FROM SLOPPY
JOE'S BAR AT 3131 COMMODORE PLAZA).
56. REFER TO MIAMI STREET CODESIGNATION REVIEW 10/13/98
COMMITTEE DESIGNATION OF NORTHWEST 32ND DISCUSSION
STREET WITH THE NAME OF AIDA RAMOS. 160-161
57.
DISCUSS STATUS OF MIAMI MARINE STADIUM. -
10/13/98
DIRECT CITY MANAGER TO PROVIDE COMMISSION
DISCUSSION
WITH MIAMI MARINE STADIUM STATUS REPORT -
161-165
FURTHER DIRECT MANAGER TO CONDUCT
WORKSHOP PRIOR TO ISSUING REQUEST FOR
PROPOSALS FOR MIAMI MARINE STADIUM -
FURTHER RECOMMENDING HIRING CONSULTANT TO
EVALUATE PROPOSALS.
58.
DIRECT CITY MANAGER TO SCHEDULE FOR MEETING
10/13/98
OF OCTOBER 27, 1998 ISSUES OF BEDMINSTER
M 98-1038
SEACOR SERVICES (RECYCLING) AND GROVE
165-169
HARBOUR MARINA AND CARIBBEAN MARKETPLACE
(DINNER KEY BOAT YARD).
59.
DEFER CONSIDERATION OF AGENDA ITEM 11
10/13/98
(PROPOSED SECOND READING ORDINANCE TO
M 98-1039
AMEND CHAPTER 2 OF CODE BY ENACTING ANTI-
169-170
DEFICIENCY ORDINANCE) -SEE LABEL.
60.
DISCUSSION REGARDING DEPARTMENT'S BUDGET
10/13/98
REVENUE REVIEW ANALYSIS.
DISCUSSION
170-174
61.
REQUEST TO HONOR COMMISSIONER PLUMMER FOR
10/13/98
CASINO PRINCESS CRUISE SHIP.
DISCUSSION
174
62.
APPOINT BOB RODRIGUEZ / RALPH ARZA / NAJIB
10/13/98
TAYARA TO INTERNATIONAL TRADE BOARD.
R 98-1040
175
63.
APPOINT ELOY APARICIO / LUIS SABINES TO LATIN
10/13/98
QUARTER REVIEW BOARD.
R 98-1041
176
64.
APPOINT ANA FIGUEROA / FLOR MORALES / ANGEL
10/13/98
URQUIOLA TO THE CITYWIDE COMMUNITY
R 98-1042
DEVELOPMENT ADVISORY BOARD.
176-177
65. APPOINT ELENA CARPENTER / ROBERT MASRIEH TO 10/13/98
COCONUT GROVE PARKING ADVISORY COMMITTEE. R 98-1043
177-179
66. APPOINT NAMES PROFFERED TO COMMISSION ON 10/13/98
THE STATUS OF WOMEN: BAYONA, BLANCO, SANDS, R 98-1044
MESA, SANCHEZ-PANDO, RAMOS, TOUSSAINT, YAHR- 179-180
SCHNEIDER, COOPER, CESAR-NOEL, BERMAN,
GRIGGS, REYDBURD, GARCIA-TOLEDO, CRUGET.
67. DEFER APPOINTMENTS TO MIAMI STREET 10/13/98
CODESIGNATION REVIEW COMMITTEE -- REQUEST DISCUSSION
LEGAL OPINION WHETHER CITY EMPLOYEES CAN 180-181
SERVE ON SUCH BOARD.
68. APPOINT JAMES COURBIER TO WATERFRONT 10/13/98
ADVISORY BOARD. R 98-1045
181
69.
APPOINT HORACIO AGUIRRE AND JESUS MORALES
10/13/98
TO OCCUPATIONAL LICENSE EQUITY STUDY
R 98-1046
COMMISSION ("COMMISSION") -- DIRECT
182-183
ADMINISTRATION TO REPORT TIME AND MEETING
PLACE OF COMMITTEE.
70.
DEFER APPOINTMENTS TO CITY OF MIAMI
10/13/98
AFFIRMATIVE ACTION ADVISORY BOARD.
DISCUSSION
183
71.
APPOINT MARIE COLIN TO HEALTH FACILITIES
10/13/98
AUTHORITY.
M 98-1047
184-185
72.
SECOND READING ORDINANCE: AMEND ARTICLE 6,
10/13/98
SECTION 602.10.4 OF ORDINANCE 11000 - MODIFY
ORDINANCE
OFF -SITE PARKING REGULATIONS FOR SD-2
11715
COCONUT GROVE CENTRAL COMMERCIAL DISTRICT
185-192
TO PROVIDE INCENTIVE FOR DEVELOPMENT OF
PARKING STRUCTURE TO ACCOMMODATE EXCESS
PARKING ADJACENT TO COCONUT GROVE
PLAYHOUSE.
73.
CERTIFY THAT RIVERMONT HOUSE LOCATED AT 789
10/13/98
N.W. 13 AVENUE, BEING REHABILITATED BY
R 98-1048
CARRFOUR CORPORATION, IS CONSISTENT WITH
192-193
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-
2000 AND THE COMMUNITY DEVELOPMENT BLOCK
GRANT CONSOLIDATED PLAN - CONSIDER
EXPANSION OF FACADE PROGRAM TO INCLUDE
PAVING PARKING LOTS - MORE PARKING AREAS
NEED THROUGHOUT THE CITY.
74. (A) DIRECT CITY MANAGER TO REPORT BY
COMMISSION MEETING OF OCTOBER 27, 1998 ON
FOLLOWING ISSUES: (1) CRIME AND JOB CREATION
AT 61 STREET - GERM CITY AREA (2) STUDY OF 3
AVENUE BUSINESS CORRIDOR AS WELL AS
PLANNING PROCESS ON 15 AND 17 AVENUES (3)
CONSIDER EXPANSION OF FACADE PROGRAM TO
INCLUDE PAVING PARKING LOTS - MORE PARKING
AREAS NEEDED THROUGHOUT THE CITY.
(B) RECONSIDER MOTION 98-1011 WHICH DEFERRED
AGENDA ITEM 21 — APPROVE WITH MODIFICATIONS
FIRST READING ORDINANCE (AMEND CODE SEC. 40-
250) GRANTING PENSION BENEFITS (20%) TO CITY
ATTORNEY — FURTHER DEFER PART OF ITEM
PERTAINING TO ASSISTANT CITY MANAGERS AND
ASSISTANTS TO CITY MANAGER POSITIONS. — SEE
LABEL 30.
10/13/98
M 98-1048.1
FIRST READING
ORDINANCE
193-196
75. ACCEPT BID OF H & R PAVING, INC. — FOR CITYWIDE 10/13/98
RESURFACING PROJECT, B-4610 —ALLOCATE $100,000 R 98-1049
FROM PROJECT 341171 CAPITAL IMPROVEMENT 197-198
ORDINANCE 11623 — SEE LABEL 4.
76. DIRECT CITY MANAGER TO NEGOTIATE WITH 10/13/98
UNITED STATES DEPARTMENT OF IMMIGRATION M 98-1050
AND NATURALIZATION SERVICES USE OF COCONUT 198-199
GROVE EXHIBITION CENTER FOR NATURALIZATION
CEREMONIES -- PROMOTION OF PASSPORT OFFICE.
77. COMMENTS FROM COMMISSIONER REGALADO 10/13/98
REGARDING CODE ENFORCEMENT CASE IN ORDER DISCUSSION
TO REFER IT TO ADMINISTRATION FOR REVIEW. 199-200
78. (A) DIRECT CITY MANAGER TO REPORT IN WRITING 10/13/98
ABOUT REVIEW AND RESTRUCTURING OF NET DISCUSSION
OFFICES. 201-202
(B) ) ANNOUNCE LOT CLEARING ORDINANCE
MEETING FOR OCTOBER 15, 1998, AT 7:15 a.m.
(C) DIRECT CITY MANAGER TO PROVIDE
COMMISSION WITH MONTHLY REPORTS
CONCERNING USAGE OF OVERTIME.
(D) COMMENTS REGARDING HAVING EXTRA
COMMISSION MEETING TO DISCUSS LENGTHY ITEMS
OF COMMISSION CONCERNS.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 13th day of October, 1998, the City Commission of Miami, Florida, met at its regular meeting
place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session.
The meeting was called to order at 10:01 a.m. by Commissioner J.L. Plummer, Jr. (hereinafter referred
to as Vice Chairman Plummer), with the following members of the Commission found to be present:
ALSO PRESENT:
ABSENT:
Commissioner Wifredo Gort (District 1)
Commissioner J.L. Plummer, Jr. (District 2)
Commissioner Joe Sanchez (District 3)
Donald Warshaw, City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk.
Commissioner Arthur E. Teele, Jr.
Commissioner Tomas Regalado
(COMMENTS MADE PRIOR TO MEETING OFFICIALLY CONVENING:)
Vice Chairman Plummer: Mr. Clerk, I'm not going to rush today but I want to tell you, I'm not going to go
slow either. I have a dinner that I have to be at at 6:30 p.m. In going over the agenda, I don't see any reason
why we can't make 6:30. I can announce to everyone present that the Mayor will not be present today. He
is out of town. At 10 a.m. Mr. Sanchez is going to pray for all of us sinful devils and if I get a third, I'll have
somebody do the pledge of allegiance. The only item withdrawn, according to the board, is CAS 10. Mr.
Manager, are there any other items to be withdrawn?
Mr. Donald H. Warshaw (City Manager): Yes, sir. CA-22.
Vice Chairman Plummer: CA 22 and CA-10, according to the policy of the Commission, will be
automatically put over to the next Commission meeting as a regular agenda item. For the record, we will
also handle the first item of business. Will be a veto by the Mayor of an ordinance relating to the City
Manager's termination and a 10-day waiting period as to whether or not the City Commission wishes to
override the Mayor on those cases. We'll take a four/fifths vote if it is to be accomplished.
Mr. Joel E. Maxwell (Assistant City Attorney): Four/fifths of those present.
Vice Chairman Plummer: Four/fifth of those present, I am told. I'm sorry. OK. Chief, if you could read --
I'm sorry. Combo, if you can -- I understand that. If you can reach those two detectives, have them come
here at two o'clock this afternoon rather than this morning. The photographer, you are released until two
o'clock this afternoon. I would appreciate you calling the other Commission offices to see if we can get a
third so that we can start. What number is the motorcycles? Is that on the consent or regular?
Commissioner Sanchez: Yes, it is.
October 13, 1998
Mr. Warshaw: Number 30.
Vice Chairman Plummer: Number 30, regular? That will be deferred until the next meeting. Yeah, I asked
for this material two weeks ago and they just handed it to me and I have not had time to read it. I understand
that and you should have understood that when you brought me the material. Are we going to find a third?
Well, it's two minutes to running time.
Vice Chairman Plummer: Mr. Manager, while we're waiting, let me congratulate you for getting on Channel
9 those people who tend to have the propensity to want to buy drugs and prostitutes in this City. They now
are stars of Channel 9. Their names and addresses are there and I only have one question as to why their
photographs are not there? That was to be understood.
Mr. Warshaw: I think the issue is, we don't photo all misdemeanors.
Vice Chairman Plummer: You don't photo everybody.
Captain Jorge Longueira: We don't photograph everybody.
Vice Chairman Plummer: OK.
Mr. Warshaw: So, we don't have all their photos. We can't do some and not others.
Vice Chairman Plummer: Well, then, I think what you need to do is startphotoing everybody. The amount
of money that I spend for you with photography equipment is unbelievable.
Mr. Longueira: It's personnel staffing.
2 DIRECT CITY MANAGER TO HIGHLIGHT AGENDA ITEMS ON TELEVISION SCREEN
BEGINNING WITH OCTOBER 27,1998 CITY COMMISSION MEETING.
Vice Chairman Plummer: All right. And are we going to start what we talked about on Channel 9, I hope
for the next meeting, of where we will highlight all the items on the agenda?
Mr. Donald H. Warshaw (City Manager): Yes.
Vice Chairman Plummer: That's something I think is very important, that we people can tune in to Channel
9 and see which items are going to be on the next agenda, and we'll take it from there. Good morning, Mr.
Gort.
October 13, 1998
Vice Chairman Plummer: Ladies and gentlemen, if you'll please stand. Mr. Sanchez will lead us in prayer.
Mr. Gort will lead us in the pledge of allegiance.
An invocation was delivered by Commissioner Joe Sanchez, who then led those present in a pledge of
allegiance to the flag (10:01 AM).
Vice Chairman Plummer: Mr. Clerk, I will hold the veto message until we have a full Commission and we'll
take up the veto at that particular time. I don't want anybody to feel slighted on that particular issue,
especially Commissioner Teele, who, in the past, had always said this has to be the first item. Musical
chairs. All right. With the Consent Agenda-- wait a minute. Are there any minutes, Mr. Clerk?
Commissioner Gort: Yes.
[NOTE FOR THE RECORD: COMMISSIONER REGALADO ENTERED THE COMMISSION
CHAMBERS AT 10:03 A.M.]
Vice Chairman Plummer: There are minutes of February 10, '98, June 30th, '98 and July the 30th, '98.
Moved by Mr. Gort. Seconded by Mr. Sanchez.
Commissioner Sanchez: Mr. Vice Chair.
Vice Chairman Plummer: Yes.
Commissioner Sanchez: If I could have a moment, I would like to say a couple of words, address the public,
and also address you in honoring you for your 29 years of dedication and service to your community. If I
just may have a moment, please. It is with great honor that we salute the oldest serving Commissioner.
Vice Chairman Plummer: Oh, thanks.
Commissioner Sanchez: Celebrating his 29 years of public service and dedication to the City of Miami.
Vice Chairman Plummer: Miami.
Commissioner Sanchez: God bless you, my friend. It's not Iiquor.
Vice Chairman Plummer: Thank you, sir.
Commissioner Sanchez: Let me just make it very clear. There's no alcohol in this, OK. Make it very clear.
Vice Chairman Plummer: All right. Let's get back, if we may. The approval of the minutes of February 10,
June 30th, July 30th, '98, there is a motion by Gort. Seconded by Sanchez. Do you wish to speak on any
corrections, omissions, deletions? All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposition? Show unanimous ballot.
4. CONSENT AGENDA: (SEE LABELS 8 &'10)
Vice Chairman Plummer: We're now on the Consent Agenda, with the exception of two items, which have
been pulled, CA-10 and...
Commissioner Gort: CA-10.
3 October 13, 1998
Vice Chairman Plummer: And CA-22. What is "B"? "B" has been pulled. Why-- oh, I'm sorry. Passed.
OK. Is there anyone -- any Commissioner wishing to pull any other items besides CX 10 and 22?
Commissioner Sanchez: No.
Vice Chairman Plummer: Hearing none...
Commissioner Gort: I have questions.
Vice Chairman Plummer: Then they go to the next agenda.
Commissioner Gort: Then I have to pull them, CA-4, 11, 13, CA-20 and 22.
Vice Chairman Plummer: Hold on, hold on, hold on. CA-4...
Commissioner Gort: CA-11.
Vice Chairman Plummer: Eleven.
Commissioner Gort: CA-13.
Vice Chairman Plummer: Uh-huh.
Commissioner Gort: CA 20.
Vice Chairman Plummer: Uh-huh.
Commissioner Gort: And CA-22 has been pulled.
Vice Chairman Plummer: All right. Those will be over to the next agenda items as regular Commission
items.
Commissioner Sanchez: What? How many did he pull?
Vice Chairman Plummer: He pulled five, 4, 11, 13, 20 and 22.
Commissioner Gort: CA-4, CA-11, 13.
Vice Chairman Plummer: And CA 10 has already been pulled. Mr. Regalado, you have any to pull?
Commissioner Regalado: No. I just have a question. Is Jim Kay here? Oh, Jim. Just so happens that Jessla
Construction is doing two works for the City, Lemon City and...
Mr. Jim Kay (Director, Public Works): Eaton Daycare.
Commissioner Regalado: Right. I got a question? When is the Virrick project going to be finished? It's the
same company. That's right.
Mr. Kay: That's end of March of next year.
Commissioner Regalado: March of next year.
Mr. Kay: That's our schedule right now.
Commissioner Regalado: OK.
Vice Chairman Plummer: Thank you. On Item 16, CA 16. Mr. Clerk, there is a correction on that item It
is not from the Capital Improvement Program. It is to be from the General Fund.
4 October 13, 1998
Mr. Warshaw: Correct.
Vice Chairman Plummer: Mr. Boom -Boom, you have two minutes, sir. Boom -Boom, salute.
Mr. Manuel Gonzalez-Goenaga: Excuse me. Let me control myself.
Vice Chairman Plummer: All right, sir. Control yourself.
Mr. Gonzalez-Goenaga: Because I -- you see, you -- I understand. You say things at the last moment and I
am not -- I'm trying to save my two minutes, according to my constitufonal rights. I didn't know that I was
allowed only two minutes on 30 items.
Vice Chairman Plummer: All right, sir.
Mr. Gonzalez-Goenaga: But, anyway, I was going to speak on four as being deferred and I know why. And
I -- just to -- in the future, this is the same company, as far as I'm concerned, under my understanding, that
have the problem in Dade County on the asphalt, so make sure -- you hear, Mr. Manager?
Vice Chairman Plummer: Item 4.
Mr. Gonzalez-Goenaga: Item 4. The problem with Church and Tower in Dade County, I understand they
are under criminal investigation and the final results have not come out yet on the asphalt contract. Well,
besides -- now, since four was taken away, I wonder -- I very recently, last Friday, went to the Department
of Police headquarters and I find that the air condition is marvelous. It's not-- and on CA-8 they are asking
for a cooling system. Well, you know, the problem is that the cooling system in the Police Department is
constant. And the brand new cars with air condition all the time. Now, apparently, it's not enough and now
we have a new cooling system. What's wrong with the cooling system of the Department of Police? Could I
have an explanation? Because I visit there constantly.
Vice Chairman Plummer: Mr. Longueira, briefly.
Captain Joseph Longueira: Commissioner, the cooling tower at the Police Department is many years old.
It's deteriorated. It doesn't pump enough water to cool the....
Vice Chairman Plummer: Thank you, Captain. Next question.
Mr. Gonzalez-Goenaga: When the car wash of the five new police cars has been deferred, CA 12 deferred,
and more cars. You see, that's why we need cars constantly. Brand new ones to have good air condition.
And now we have cars, car wash, then batteries, car batteries, gas and fuel. Good heavens. And I am -- my
car is without air condition; is a 1984 Cadillac, and I really suffer. My rent has been increased and you guys
are having a lot of fun. Congratulations, Mr. Plummer, for your 29 years...
Vice Chairman Plummer: Thank you for your wisdom, sir.
Mr. Gonzalez-Goenaga: ... acting as Christopher Columbus, being a red neck.
Vice Chairman Plummer: Before the-- before the vote --
Mr. Goenaga: What a cynicism and hypocrisy here!
Vice Chairman Plummer: Oh, yes, sir. Before the vote on adopting items included in the consent agenda is
taken, is there anyone present who is an objector or proponent that wishes to speak on any item in the
consent agenda? Mr. Gort.
Commissioner Gort: J.L., on CA-4 and CA-11, I only had two questions, if they can answer it. I can bring
it back later on. It doesn't have to wait until the next meeting.
Vice Chairman Plummer: If they're brief answers, let's do them and get them out of the way.
October 13, 1998
Commissioner Gort: CA-4 mainly understand, we're going to do some paving citywide resurfacing project.
I wanted to know more -- where the allocation of the surface is going to be taking place?
Mr. Kay: Commissioner, I have a listing right here. It's nine locations.
Commissioner Gort: See, what I'd like in the future, is to know where it's going to go and-- so we can have
an idea where this is going to be performed. And CA 11 -- my question in CA 11 -- so that's why I'd like to
bring it back this afternoon. I'd like to see it. Sleeping bags. You have the sleeping bags but you don't how
many sleeping bags. I don't have the quantity of how many sleeping bags are...
Mr. Carlos Gimenez (Fire Chief): Sixty-six.
Commissioner Gort: Sixt),six.
Mr. Gimenez: Yes, sir.
Commissioner Gort: That's important because we have a price and people look at this. See, this is what
people look at. They see ten thousand dollars ($10,000) for sleeping bags. It's important we put 66 down
so, more or less, they can tell what is it.
Vice Chairman Plummer: And you also should put in bold type that it's not by tax payers' expense. It's at
the federal expense.
Mr. Gimenez: That's correct. This is a USR (Urban Search and Rescue) Program.
Vice Chairman Plummer: Well, you should put that in bold print.
Mr. Gimenez: OK, sir.
Vice Chairman Plummer: All right. We're now adding four and 11 back to the agenda?
Commissioner Gort: Four, I'd like to bring it back afterwards, after they get information.
Vice Chairman Plummer: All right.
Commissioner Gort: Whether the work is going to be performed. Eleven, I can put it back now.
Vice Chairman Plummer: Eleven is back into the consent. Mr...
Commissioner Sanchez: Can you bring four back up?
Vice Chairman Plummer: No. Four is still going to come back this afternoon. What we actually put back
was 11.
Commissioner Sanchez: Because I have some problems with four.
Commissioner Gort: Well, then maybe next week...
Vice Chairman Plummer: OK. Well, it'll come back this afternoon. All right. Is there anyone else that
wishes to speak on the consent agenda? Going once. Twice. All in -- moved by Commissioner Sanchez.
Seconded by Regalado. All in favor, say "aye."
The Commission (Collectively): Aye.
6 October 13, 1998
Vice Chairman Plummer: Opposition? Show a unanimous ballot.
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, IT WAS DETERMINED THAT ANY CONSENT
AGENDA ITEM WHICH IS PULLED BY A GIVEN
COMMISSIONER FROM THE CONSENT AGENDA FOR FURTHER
DISCUSSION AND/OR CLARIFICATION WILL BE
AUTOMATICALLY DEFERRED AND SCHEDULED AS A
REGULAR ITEM ON THE NEXT AVAILABLE AGENDA.
THEREUPON MOTION DULY MADE BY COMMISSIONER
SANCHEZ AND SECONDED BY COMMISSIONER REGALADO,
THE CONSENT AGENDA ITEMS WERE PASSED BY THE
FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
RESOLUTION 98-946
A RESOLUTION ACCEPTING THE BID OF C & S TRAILER SALES,
INC., FOR THE PURCHASE OF TWO EACH TWO -HORSE
TRAILERS, FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION TO BE UTILIZED BY THE MIAMI POLICE
DEPARTMENT MOUNTED PATROL, AT A TOTAL COST NOT TO
EXCEED $24,932.24; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NO. 00 1000.2903 06.6.840.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
7 October 13, 1998
4.2 ACCEPT BID OF BAKER EQUIPMENT ENGINEERING COMPANY -- FOR PROVISION AND
INSTALLATION OF ONE (1) AERIAL TOWER (BUCKET TRUCK APPARATUS); -- FOR
GENERAL SERVICES ADMINISTRATION -- AT TOTAL COST NOT TO EXCEED $ 7,b94: -
ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROGRAM, "REPLACEMENT OF CITY-
WIDE FLEET", PROJECT NO.311850.
RESOLUTION 98-947
A RESOLUTION ACCEPTING THE BID OF BAKER EQUIPMENT
ENGINEERING COMPANY FOR THE PROVISION AND
INSTALLATION OF ONE (1) AERIAL TOWER (BUCKET TRUCK
APPARATUS) FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, AT A TOTAL COST NOT TO EXCEED
$27,694.12; ALLOCATING FUNDS THEREFOR FROM THE
CAPITAL IMPROVEMENT PROGRAM, "REPLACEMENT OF CITY-
WIDE FLEET", PROJECT NO.311850.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
4.3 ACCEPT BID OF AXCITON SYSTEMS, INC.. --- FOR PROVISION OF THREE
COMPUTERIZED POLYGRAPH INSTRUMENTS -- FOR DEPARTMENT OF POLICE -- AT
TOTAL COST NOT TO EXCEED $12,450 -- ALLOCATE FUNDS FROM ACCOUNT CODE NO.
0010100.290201.6.850.
RESOLUTION 98-948
A RESOLUTION ACCEPTING THE BID OF AXCITON SYSTEMS,
INC., FOR THE PROVISION OF THREE COMPUTERIZED
POLYGRAPH INSTRUMENTS, FOR THE DEPARTMENT OF
POLICE, AT A TOTAL COST NOT TO EXCEED $12,450.00;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO.
001000.290201.6.850.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
RESOLUTION 98-949
A RESOLUTION ACCEPTING THE BID OF JESSLA
CONSTRUCTION CORP., IN THE PROPOSED AMOUNT OF
$384,995.00, FOR THE PROJECT ENTITLED "EATON DAYCARE
CENTER (SECOND BIDDING) PROJECT, B-6271 "; ALLOCATING
FUNDS THEREFOR FROM PROJECT NO. 331361, AS
APPROPRIATED BY THE FISCAL YEAR 1997-1998 CAPITAL
IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED, IN THE
AMOUNT OF $384,995.00 TO COVER THE CONTRACT COST AND
$7,739.00 TO COVER THE ESTIMATED EXPENSES, FOR AN
ESTIMATED TOTAL COST OF $392,734.00; AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
October 13, 1998
RESOLUTION 98-950
A RESOLUTION ACCEPTING THE BID OF JESSLA
CONSTRUCTION CORP., IN THE PROPOSED AMOUNT OF
$384,995.00, FOR THE PROJECT ENTITLED "LEMON CITY
DAYCARE (SECOND BIDDING) PROJECT, B-6272' ; ALLOCATING
FUNDS THEREFOR FROM PROJECT NO. 331386, AS
APPROPRIATED BY THE FISCAL YEAR 1997-1998 CAPITAL
IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED, IN THE
AMOUNT OF $384,995.00 TO COVER THE CONTRACT COST AND
$43,709.00 TO COVER THE ESTIMATED EXPENSES, FOR AN
ESTIMATED TOTAL COST OF $428,704.00; AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
RESOLUTION 98-951
A RESOLUTION ACCEPTING THE BID OF YOUNG OIL
COMPANY, INC., FOR THE DEPARTMENT OF CONFERENCES,
CONVENTIONS AND PUBLIC FACILITIES, TO FURNISH AND
INSTALL FUEL DISPENSING EQUIPMENT AND PROVIDE FUEL
TO TENANTS AND CUSTOMERS AT MARINE STADIUM MARINA,
ON A CONTRACT BASIS, FOR FIVE (5) YEARS, WITH THE
OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE-YEAR
PERIODS; FURTHER PROVIDING THAT SAID SERVICES WILL
GENERATE ANNUAL RECURRING REVENUES TO THE CITY AT
NO OUT-OF-POCKET COST TO THE CITY.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
4.7 BID OF WEATHERTROL MAINTENANCE CORP., (HISPANICfLOCAL VENDOR) -- FOR
REPLACEMENT OF AIR CONDITIONING COOLING TOWER -- FOR DEPARTMENT OF POLICE,
-- ALLOCATE $49,655 FROM CAPITAL IMPROVEMENT PROGRAM, ACCOUNT CODE NO.
312015.299401.6.840.
RESOLUTION 98-952
A RESOLUTION ACCEPTING THE BID OF WEATHERTROL
MAINTENANCE CORP., FOR THE REPLACEMENT OF THE AIR
CONDITIONING COOLING TOWER FOR THE DEPARTMENT OF
POLICE, AT A TOTAL COST NOT TO EXCEED $49,655.00;
ALLOCATING FUNDS THEREFOR FROM THE CAPITAL
IMPROVEMENTS PROGRAM, ACCOUNT CODE NO.
312015.299401.6.840.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
9 October 13, 1998
RESOLUTION 98-953
A RESOLUTION ACCEPTING THE BID OF ROYAL PACIFIC
COMPANY FOR THE REPLACEMENT OF EXTERIOR WALK
DOORS AT FIRE STATION 1, FOR THE DEPARTMENT OF FIRE -
RESCUE, AT A TOTAL COST NOT TO EXCEED $5,488.0;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO.
001000.280701.6.670.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
4.9 ; ACCEPT BID OF ALMARK ENTERPRISES (NON-MINORITY/NON-LOCAL VENDOR) -- FOR
PROVISION OF SLEEPING BAGS -- FOR DEPARTMENT OF FIRE -RESCUE,-- ALLOCATE
$10?230 FROM URBAN SEARCH AND RESCUE GRANT, ACCOUNT CODE NO.
313826.802801.6.840.
RESOLUTION 98-954
A RESOLUTION ACCEPTING THE BID OF ALMARK
ENTERPRISES FOR THE PROVISION OF SLEEPING BAGS, FOR
THE DEPARTMENT OF FIRE -RESCUE, AT A TOTAL COST NOT
TO EXCEED $10,230.00; ALLOCATING FUNDS THEREFOR FROM
THE URBAN SEARCH AND RESCUE GRANT, ACCOUNT CODE
NO. 313 826.802801.6.840.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
4.10 ACCEPT BID OF ABRAHAM CHEVROLET OF MIAMI, INC., (NON-MINORITY/LOCAL
VENDOR) -- FOR FIVE (5) CHEVROLETTAHOES, POLICE PACKAGE WITH OPTIONS -- FOR
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION -- ALLOCATE' $147,940 FROM
CAPITAL IMPROVEMENT PROGRAM, "REPLACEMENT OF CITY-WIDE FLEET",] PROJECT
NO 311850.
RESOLUTION 98-955
A RESOLUTION ACCEPTING THE BID OF ABRAHAM
CHEVROLET OF MIAMI, INC., FOR THE PROVISION OF FIVE (5)
CHEVROLET TAHOES, POLICE PACKAGE WITH OPTIONS, FOR
THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION,
AT A TOTAL COST NOT TO EXCEED $147,940.00; ALLOCATING
FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT
PROGRAM, "REPLACEMENT OF CITY-WIDE FLEET," PROJECT
NO.311850.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
10 October 13, 1998
RESOLUTION 98-956
A RESOLUTION APPROVING THE PURCHASE OF WHELEN
EMERGENCY WARNING DEVICES AND LIGHTING FOR POLICE
TRAFFIC ENFORCEMENT MOTORCYCLES FROM CENTRAL
PUBLIC SAFETY EQUIPMENT CO. UNDER EXISTING MIAMI-
DADE COUNTY CONTRACT NO. I135794-1, FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, AT A
TOTAL COST NOT TO EXCEED $27,397.60; ALLOCATING FUNDS
THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM,
"REPLACEMENT OF CITY-WIDE FLEET," PROJECT NO.311850.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
RESOLUTION 98-957
A RESOLUTION ACCEPTING THE BID OF STATIONARY POWER
SERVICES, INC., FOR THE REMOVAL AND REPLACEMENT OF
THREE POWER INVERTER SYSTEMS CITY-WIDE, AT A TOTAL
COST NOT TO EXCEED $38,970.00; ALLOCATING FUNDS
THEREFOR FROM THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, ACCOUNT CODE NO.506000.420601.6.840.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
11 October 13, 1998
RESOLUTION 98-958
A RESOLUTION ACCEPTING THE BID OF BEST MAINTENANCE
AND JANITORIAL SERVICE, INC., FOR THE PROVISION OF
CUSTODIAL SERVICES AT MANUEL ARTIME CENTER, ON AN
AS -NEEDED, WHEN -NEEDED CONTRACT BASIS FOR ONE (1)
YEAR, WITH THE OPTION TO EXTEND FOR TWO (2)
ADDITIONAL ONE-YEAR PERIODS, FOR THE DEPARTMENT OF
PUBLIC FACILITIES, IN THE ANNUAL AMOUNT OF $28,080,
WITH THE PROVISION FOR OPTIONAL AUDITORIUM CLEANING
SERVICES, IN THE AMOUNT OF $7,920, FOR A TOTAL ANNUAL
AMOUNT NOT TO EXCEED $36,000; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO.450001.350509.340.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
RESOLUTION 98-959
A RESOLUTION APPROVING THE PROCUREMENT OF DERELICT
VESSEL REMOVAL SERVICES WITHIN THE CITY OF MIAMI
WATERWAYS FROM DOCK & MARINE CONSTRUCTION,
CAPTAIN DANS MARINE TOWING & SLAVAGE, EPPERSON
CRANES, INC., AND MARIN & MAR1N CONSTRUCTION,
AWARDED UNDER MIAMI-DADE COUNTY CONTRACT NO.2550-
2/98-2, ON A CONTRACT BASIS UNTIL DECEMBER 31, 1998, FOR
THE DOWNTOWN NET OFFICE, AT A TOTAL COST NOT TO
EXCEED $27,389.00; ALLOCATING FUNDS THEREFOR FROM THE
SPECIAL REVENUE FUND ENTITLED "DERELICT VESSEL
REMOVAL GRANT PROGRAM," AS APPROPRIATED BY
ORDINANCE NO. 11559, ADOPTED OCTOBER 28, 1997.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
12 October 13, 1998
4.15 APPROVE PURCHASEOF AMMUNITION FROM LAWMEN'S & SHOOTERS' SUPPLY,
INC., UNDER EXISTING STATE" OF FLORIDA CONTRACT NO. 680-000-99-1, ON AN AS -
NEEDED CONTRACT BASIS UNTIL JULY 19,1999 -- FOR POLICE ALLOCATE $140,000 FROM
ACCOUNT CODE NO. 00 1000.290201.6.703.
RESOLUTION 98-960
A RESOLUTION APPROVING THE PURCHASE OF AMMUNITION
FROM LAWMEN'S & SHOOTERS' SUPPLY, INC., UNDER
EXISTING STATE OF FLORIDA CONTRACT NO. 680-000-99-1, ON
AN AS -NEEDED CONTRACT BASIS UNTIL JULY 19, 1999, FOR
THE DEPARTMENT OF POLICE, AT A TOTAL AMOUNT NOT TO
EXCEED $140,000.00; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NO. 00 1000.290201.6.703.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
RESOLUTION 98-961
A RESOLUTION, WITH ATTACHMENT, APPROVING THE
PROCUREMENT OF HYDRAULIC PARTS, SUPPLIES AND REPAIR
SERVICES FROM VENDORS LISTED ON THE ATTACHED
CONTRACT AWARD SHEET, UNDER EXISTING MIAW-DADE
COUNTY CONTRACT NO. 4599-4/02-OTR, ON A CONTRACT
BASIS UNTIL JANUARY 31, 1999, WITH THE OPTION TO EXTEND
FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS, FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, AT A
TOTAL ANNUAL AMOUNT NOT TO EXCEED $175,000.00;
ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION FY `98-99 BUDGET,
HEAVY EQUIPMENT GARAGE, ACCOUNT CODE NOS.
509000.420901.6.670 ($65,000) AND 509000.420901.6.702 ($110,000).
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
13 October 13, 1998
4.17 APPROVE PROCUREMENT OF AUTOMOTIVE BATTERIES FROM EXIDE CORPORATION,
-- FOR GENERAL SERVICES ADMINISTRATION, ,ALLOCATING $45000 FROM ACCOUNT'
CODE NO.509000.420901.6.702.
RESOLUTION 98-962
A RESOLUTION APPROVING THE PROCUREMENT OF
AUTOMOTIVE BATTERIES FROM EXIDE CORPORATION, UNDER
EXISTING STATE OF FLORIDA CONTRACT NO. 060-100-98-1, ON
A CONTRACT BASIS UNTIL JUNE 14, 2001, FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, AT
AN ANNUAL AMOUNT NOT TO EXCEED $45,000.00;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO.
509000.420901.6.702.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
4.1.8 RESCIND BID AWARD TO NEWAY SYSTEMS, INC. --I FOR MARINA CLEANING'
SERVICES AT DINNER KEY MARINA -- AWARD BID TO MR. CLEAN
`RELIABLE SERVICES,
INC.— FOR FURNISHING OF SAID SERVICES AT DINNER KEY MARINA UNTIL OCTOBER 26,'
1998 -- $7058.88; ALLOCATE $7.058.88 FROM ACCOUNT CODE NO. 413000.350505.6340.
RESOLUTION 98-963
A RESOLUTION RESCINDING THE BID AWARD TO NEWAY
SYSTEMS, INC., WHO DECLINED TO RENEW ITS CONTRACT, IN
THE AMOUNT OF $3,996.00, FOR THE FURNISHING OF MARINA
CLEANING SERVICES AT DINNER KEY MARINA AND
AWARDING THE BID TO MR. CLEAN RELIABLE SERVICES, INC.,
THE THIRD LOWEST RESPONSIVE AND RESPONSIBLE BIDDER,
FOR THE FURNISHING OF SAID SERVICES AT DINNER KEY
MARINA UNTIL OCTOBER 26, 1998, WITH THE OPTION TO
EXTEND FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, AT AN
ANNUAL AMOUNT NOT TO EXCEED $7,058.88, ALLOCATING
FUNDS THEREFOR FROM ACCOUNT CODE NO.
413000.350505.6.340.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
14 October 13, 1998
RESOLUTION 98-964
A RESOLUTION AUTHORIZING THE FUNDING OF THE POLICE
ATHLETIC LEAGUE ("PAL") PROGRAM, AND ALLOCATING
FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $93,000.00,
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, CHAPTER 932.7055, AS
AMENDED, AND THE U.S. DEPARTMENT OF JUSTICE "GUIDE TO
EQUITABLE SHARING."
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
4.20 AUTHORIZE CITY MANAGER TO ISSUE REQUEST FOR PROPOSALS (RFP) -- FOR
WORKERS' COMPENSATION CLAIMS ADMINISTRATION SERVICES -- FOR RISK'
MANAGEMENT. — SEE LABELS 8 AND 10.
RESOLUTION 98-965
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE
A REQUEST FOR PROPOSALS (RFP), FOR THE PROVISION OF
WORKERS' COMPENSATION CLAIMS ADMINISTRATION
SERVICES FOR THE DEPARTMENT OF RISK MANAGEMENT;
FURTHER AUTHORIZING THE CITY MANAGER TO EVALUATE
SAID PROPOSALS AND SUBMIT THEM TO THE CITY
COMMISSION, IN RANK ORDER, FOR ITS REVIEW AND
CONSIDERATION.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
[NOTE FOR THE RECORD]: SEE LABEL 8, WHEREIN
RESOLUTION 98-965 WAS RECONSIDERED BY M-98-973 AND
DEFERRED TO NEXT MEETING BY M-98-974. ALSO SEE LABEL
10, WHEREIN IT WAS LATER RECONSIDERED BY M-98-976,
ALONG WITH ENTIRE CONSENT AGENDA, WHICH HAD
PREVIOUSLY PASSED UNDER LABEL 4 AND REMOVED FROM
CONSENT BY M-98-977 TO BE PLACED IN NEXT REGULAR
AGENDA.
15 October 13, 1998
4.21 AUTHORIZE POLICE TO UTILIZE THE MIAMI-DADS' COMMUNITY COLLEGE DRIVING'
RANGE -- ALLOCATE $10,000 FROM POLICE DEPARTMENT FY 98/99 GENERAL OPERATING'
BUDGET, ACCOUNT 001000.290201.6.270.
RESOLUTION 98-966
A RESOLUTION AUTHORIZING THE DEPARTMENT OF POLICE
TO UTILIZE THE MIAMI-DADE COMMUNITY COLLEGE DRIVING
RANGE, AT AN AMOUNT NOT TO EXCEED $10,000 ANNUALLY;
ALLOCATING FUNDS THEREFOR FROM THE POLICE
DEPARTMENT FISCAL YEAR 1998-99 GENERAL OPERATING
BUDGET, ACCOUNT CODE NO. 001000.290201.6.270;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER AND
THEREAFTER TO ALLOW SAID USAGE ON AN ANNUAL BASIS,
SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
4.22 ACCEPT PROPOSAL OF APPRAISAL AND REAL STATE ECONOMICS ASSOCIATES, INC.'
(AREEA) -- FOR PROFESSIONAL CONSULTANT AND APPRAISAL SERVICES TO ASSIST'
CITY IN ENSURING COMMERCIAL REAL PROPERTY SITUATED IN THE CITY OF MIAMI IS
BEING ASSESSED AT "JUST VALUE --ALLOCATE $75,000 FROM ACCOUNT NO. 921002-270. -i
SEE LABELS 8 AND 10.
RESOLUTION 98-967
A RESOLUTION ACCEPTING THE PROPOSAL OF APPRAISAL
AND REAL ESTATE ECONOMICS ASSOCIATES, INC. ("AREEA")
TO PROVIDE PROFESSIONAL CONSULTANT AND APPRAISAL
SERVICES TO ASSIST THE CITY IN ENSURING COMMERCIAL
REAL PROPERTY SITUATED IN THE CITY OF MIAMI IS BEING
ASSESSED AT "JUST VALUE'; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH AREEA
FOR SAID SERVICES, IN AN AMOUNT NOT TO EXCEED $75,000;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT NO. 921002-
270.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
[NOTE FOR THE RECORD]: SEE LABEL 8, WHEREIN
RESOLUTION 98-965 WAS RECONSIDERED BY M-98-973 AND
DEFERRED TO NEXT MEETING BY M-98-974. ALSO SEE LABEL
10, WHEREIN IT WAS LATER RECONSIDERED BY M-98-976,
ALONG WITH ENTIRE CONSENT AGENDA, WHICH HAD
PREVIOUSLY PASSED UNDER LABEL 4 AND REMOVED FROM
CONSENT BY M-98-977 TO BE PLACED IN NEXT REGULAR
AGENDA.
16 October 13, 1998
RESOLUTION 98-968
A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF
THE BAYFRONT PARK MANAGEMENT TRUST (EXECUTIVE
DIRECTOR) TO EXECUTE AN AMENDMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO THE
PROFESSIONAL SERVICES AGREEMENT WITH DAVID
PLUMMER & ASSOCIATES, IN AN AMOUNT NOT TO EXCEED
$17,500.00 FOR THE PROVISION OF ADDITIONAL ENGINEERING
SERVICES FOR THE BAYFRONT PARK MANAGEMENT TRUST
(TRUST) IN CONNECTION WITH CAPITAL IMPROVEMENTS TO
BE MADE TO THE MILDRED AND CLAUDE PEPPER BAYFRONT
PARK (PARK); ALLOCATING FUNDS THEREFOR FROM THE
CAPITAL IMPROVEMENT PROGRAM, `BAYFRONT PARK
IMPROVEMENTS." PROJECT NO. 331401.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
RESOLUTION 98-969
A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF
THE BAYFRONT TRUST MANAGEMENT TRUST (EXECUTIVE
DIRECTOR) TO EXECUTE AN AMENDMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO THE
PROFESSIONAL SERVICES AGREEMENT WITH LESTER
PANCOAST, FAIA, IN AN AMOUNT NOT TO EXCEED $8,000.00
FOR THE PROVISION OF ADDITIONAL ARCHITECTURAL AND
CONSTRUCTION SUPERVISION SERVICE FOR THE BAYFRONT
PARK MANAGEMENT TRUST (TRUST) IN CONNECTION WITH
CAPITAL IMPROVEMENTS TO BE MADE TO THE MILDRED AND
CLAUDE PEPPER BAYFRONT PARK (PARK); ALLOCATING
FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT
PROGRAM, `BAYFRONT PARK IMPROVEMENTS", PROJECT NO.
331401.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
17 October 13, 1998
RESOLUTION 98-970
A RESOLUTION, WITH ATTACHMENT(S), DECLARING AS
SURPLUS, AND APPROVING THE SALE OF TWO (2) CITY -
OWNED REAL PROPERTIES (THE "PROPERTIES") CONSISTING
OF APPROXIMATELY 5,750 SQUARE FEET, LOCATED IN THE
SPRING GARDEN NEIGHBORHOOD AT 776 NORTHWEST IITH
STREET AND 777 NORTHWEST 10TH STREET, MIAMI, FLORIDA,
MORE PARTICULARLY DESCRIBED ON EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF, TO HABITAT
FOR HUMANITY OF GREATER MIAMI, INC., A NOT -FOR -PROFIT
CORPORATION, AS DEVELOPER, TO UNDERTAKE THE
DEVELOPMENT OF TWO(2) NEW SINGLE-FAMILY HOMES,
AFFORDABLE TO VERY LOW, AND LOW AND/OR MODERATE -
INCOME FAMILIES; ESTABLISHING $27,000 AS THE AMOUNT TO
BE PAID TO THE CITY OF MIAMI BY THE AFOREMENTIONED
CORPORATION FOR THE PROPERTIES BASED ON THE
APPRAISED VALUE; AUTHORIZING THE CITY MANAGER TO
EXECUTE A PURCHASE AND SALE AGREEMENT (THE
"AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM,
AND TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE
WITH THE TERMS AND CONDITIONS OF THE AGREEMENT,
WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS
MAY BE NECESSARY IN ORDER TO EFFECT SUCH SALE IN AN
EXPEDITIOUS MANNER.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
4426 ACCEPT PLAT: MARITIME ARENA.
RESOLUTION 98-971
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED MARITIME ARENA, A SUBDIVISION IN THE CITY OF
MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT
AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE
CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT;
AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
[NOTE FOR THE RECORD: THE ENTIRE CONSENT AGENDA (RESOLUTIONS NOS. 98-946
THROUGH 98-971 WAS LATER RECONSIDERED. SEE LABELS 8+10)].
Vice Chairman Plummer: We're now on the regular agenda. Item Number 2. Mr. Jerry Flick. Mr. Jerry
Flick, is he present? Is Mr. Jerry Flick present? OK.
18 October 13, 1998
Commissioner Gort: Maybe he's outside.
Vice Chairman Plummer: We'll defer it, if he does show up.
[NOTE FOR THE RECORD: ITEM NUMBER 2 WAS TABLED UNTIL LATER IN THE MEETING]
Vice Chairman Plummer: The next item, Sanchez' request. Mr. Ernesto Capote. Mr. Capote, are you
present?
Commissioner Sanchez: He is not present. What I will ask is that it be tabled until he gets here.
[NOTE FOR THE RECORD: ITEM 3 WAS TABLED UNTIL LATER IN THE MEETING]
5. PERSONAL APPEARANCE: REPRESENTATIVE(S) FROM THE CENTRAL SHOPPING PLAZA
MERCHANTS ASSOCIATION -- APPROVE REQUEST TEMPORARY EVENT TO BE HELD AT
THE CENTRAL SHOPPING PLAZA FROM THURSDAY, OCTOBER 29 THROUGH' SUNDAY,
NOVEMBER 8, 1998. - SEE LABEL' 50.
Vice Chairman Plummer: All right. The next item is Central Shopping Center to have a temporary event to
be held on the shopping center. Is a representative of the shopping center present?
Mr. Timothy Jenkins: Yes, sir.
Vice Chairman Plummer: That's yourself. All right, sir.
Commissioner Gort: At the same time, if we follow the same regulations that we've done every year, I don't
have any problem moving it.
Vice Chairman Plummer: It's in your district?
Commissioner Gort: It's in my district.
Vice Chairman Plummer: It's in your district. It is to be moved by Mr. Gort. Seconded by Mr. Regalado.
Anyone wishing to discuss the item? All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show unanimous ballot.
19 October 13, 1998
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO.98-972
A MOTION GRANTING REQUEST RECEIVED FROM THE
CENTRAL SHOPPING PLAZA MERCHANTS ASSOCIATION TO
HOLD A TEMPORARY EVENT AT THE CENTRAL SHOPPING
PLAZA FROM FRIDAY, OCTOBER 23RD THROUGH MONDAY,
NOVEMBER 2, 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
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Vice Chairman Plummer: We're now on item...
Mr. Donald H. Warshaw (City Manager): Excuse me, Commissioner.
Vice Chairman Plummer: Sir?
Mr. Warshaw: There's a change in the date.
Vice Chairman Plummer: OK.
Mr. Timothy Jenkins: There was a misprint on the date. It is to be October 23rd through November 2nd.
Vice Chairman Plummer: Well, now, wait a minute. That's not-- how temporary is that? Mr. Gort.
Commissioner Gort: It's always been that same time.
Vice Chairman Plummer: OK.
Commissioner Regalado: Instead of 29 to the 8th, it's 23rd to the 2nd?
Mr. Warshaw: That's correct.
Commissioner Gort: Right.
Vice Chairman Plummer: OK. And what kind of a thing is it going to be?
Mr. Jenkins: It's a shopping center promotion. I think this is the sixth or seventh year we've done it. It's a
carnival and shopping...
Vice Chairman Plummer: OK. Let me then give you a word of caution in case I happen to show up. Make
sure that none of your vending machines dispense knives or any kind of things that could be used as
weapons, where the claws come down and empty out.
Mr. Jenkins: Right.
Vice Chairman Plummer: If I find them, so help me God, I'll shut you down.
20 October 13, 1998
Mr. Jenkins: Yes, sir.
Vice Chairman Plummer: Or the police will shut you down.
Mr. Jenkins: We understand.
Vice Chairman Plummer: All right.
Mr. Jenkins: Thank you.
6. APPROVE SECOND READING ORDINANCE AMENDING SECTION 53-I81(4) OF CODE'
ENTITLED "SCHEDULE OF FEES" THEREBY REVISING PARKING RATES AT THE JAMES L.
KNIGHT INTERNATIONAL CENTER PUBLIC PARKING FACILITY.
Vice Chairman Plummer: Item number five is a second reading. A schedule of fees on James L. Knight.
Moved by Gort. Seconded by Regalado -- no. Seconded by who? Moved by Gort. Seconded by who?
Commissioner Regalado: I will second but I'd like to make a comment.
Vice Chairman Plummer: All right. Seconded by Mr. Regalado. Your comment, sir?
Commissioner Regalado: Mr. Chairman, I wrote the Manager a memo several days ago regarding his memo
on the financial situation of the James Knight Center and I know that we have to bring this up to market
price but I think that I would like to get something on it in terms of, if we have a promotional event, if there
is something that the City is really interested in promoting, that we could sort of offer the people a discount
or waive the parking rights. I don't know how we can work it out but, you know, the James L. Knight
Center is losing money and the only way to make money is to bring events, if possible, every week or every
weekend and with the fees and the parking space, I'm afraid that people are going to run from this center.
Vice Chairman Plummer: Mr. Gort.
Mr. Terry Bruce: Commissioner Regalado.
Commissioner Regalado: So, what do you propose, Mr. Manager?
Mr. Warshaw: You can respond.
Mr. Terry Buice (Assistant Director, Public Facilities): Commissioner Regalado, are you speaking of the
Hyatt parking rates or Garage 4 rates? We have no control over the Hyatt rates.
Vice Chairman Plummer: That's valid.
Mr. Buice: Which are higher than our rates in Garage 4. We do have special rates in Garage 4 for events
that come in at five dollars ($5) a car.
Commissioner Regalado: I'm speaking about the fees that we're raising, that issue especially.
Vice Chairman Plummer: That's in the garage.
Mr. Buice: Well, the fees do not really affect events. We have a special event rate, which is five dollars
($5). The fees that are being increased in parking garage four are just being competitive with the other
garages in the area. We've -- Off Street Parking checked out three or four different garages, of the same
caliber of our garage and we're just becoming competitive.
Commissioner Regalado: I understand that. But what I'm saying is that, we are -- if we do this, we are
setting -- we're locking us into a rate. What I'm saying -- and then the Manager read my memo -- is that for
the City to bring more events to the James L. Knight Center would have to do some incentives and this could
be part of this. So, what I'm saying is, we should not be locked into these fees. That's always I'm saying.
21 October 13, 1998
Vice Chairman Plummer: OK. Mr. Boom -Boom. Mr. Gort.
Commissioner Gort: My understanding is, one of the biggest problems we have is covering the debt
services that we have in the garage itself and covering the debt service we have on the Hyatt. The reason
that's why we need to raise this.
[NOTE FOR THE RECORD: COMMISSIONER TEELE ENTERED THE COMMISSION
CHAMBERS AT 10:15 A.M.]
Vice Chairman Plummer: Mr. Boom --Boom.
Mr. Gonzalez-Goenaga: Well, here we go again.
Vice Chairman Plummer: Set the clock.
Mr. Gonzalez-Goenaga: We are always speaking about bringing more money to the City of Miami. They
have struck my pocket very harshly with increasing fees, not taxes because taxes, supposedly for my land
owner, are deductible. They are fees that are not deductible. And then we go, we establish some procedures
and then you go out the back door and you are giving waiver of fees for parades and non parades and
activities and all of that and, yet, the police charges overtime. And same thing with this one. My friend, let's
be fair. Let's be equitable. No -- the procedure here is that there was not going to be any waiver of fees of
any kind and now we're trying to give preference to somebody. I don't think that's proper, with all due
respect. Because when I met my parade, you see, I am going to be charged for protection and I might need a
lot of protection.
Commissioner Sanchez: Mr. Vice Chair.
Vice Chairman Plummer: Yes. Mr. Sanchez. Are you going to give him the protection or shoot him?
Commissioner Sanchez: You should.
Vice Chairman Plummer: How about doing both?
Mr. Gonzalez-Goenaga: Yeah, but charging it.
Vice Chairman Plummer: OK.
Commissioner Sanchez: Let me just inquire a little bit on this. The Miami Convention Center, which we're
speaking on behalf, basically, right now, every year we lose almost four million-- four point seven million
on that property. The parking that we are obtaining for that property is how much? How much are we
generating in parking per year there?
Mr. Buice: Approximately one point two million.
Commissioner Sanchez: One point two. If we start waiving parking fee for events and stuff-- I mean, if
you go to those events, you're expected to pay parking. If we're losing four point seven million dollars
($4,700,000), you've got to do whatever it takes to generate revenues here. You know, so...
Vice Chairman Plummer: Best thing to do is settle.
Mr. Buice: These changes should increase the revenues by about a hundred forty thousand dollars
($140,000) a year.
Commissioner Sanchez: A hundred and forty thousand dollars ($140,000). So, I mean -- when I go to the
concerts here, I'm expected to pay the parking.
Vice Chairman Plummer: Well...
22 October 13, 1998
Mr. Warshaw: Commissioner, this will not increase the rates for event parking. So any events, whether
they're sponsored by the City or privately sponsored, the rates will still be five dollars ($5).
Mr. Buice: Per event, per event.
Vice Chairman Plummer: It might interest you to know that at the Hard Rock Cafe atBayside, on a Friday,
Saturday, twenty-two dollars ($22) for parking. OK.
Commissioner Sanchez: Well, that's highway robbery.
Vice Chairman Plummer: Well, I'm not going to disagree. Mr. City Attorney, read the ordinance, please.
Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING SECTION 53-181(4) 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.
Passed on its first reading, by title, at the meeting of September 8, 1998, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner
Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11708.
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.
7. COMMISSION FAILS TO OVERRIDE MAYORAL VETO OF ORDINANCE 11698 (PROPOSED
AMENDING CHAPTER 2 / ARTICLE II OF CODE ENTITLEDADMINISTRATION / MAYOR AND
CITY COMMISSION — PROPOSED ADDING LANGUAGE RELATED TO TIME TO EFFECTUATE'
REMOVAL OF CITY MANAGER BY MAYOR).
Vice Chairman Plummer: Commissioner Teele is now present. We'll go back to the veto of the Mayor on
Ordinance Number 11698. And how do we handle this, Mr. City Attorney?
Mr. Joel Maxwell (Assistant City Attorney): As you know, it requires four/fifths vote of those present and if
the -- if there's a motion to override, it should be in the form of "I so move to overrule the veto of the Mayor
on ordinance number 11698" or "I move to sustain a veto of the Mayor on ordinance number...
Vice Chairman Plummer: But you have to move it one way or the other?
Mr. Maxwell: That's correct.
23 October 13, 1998
Vice Chairman Plummer: OK. Now, the sustain...
Mr. Maxwell: Well, you can move to override...
Vice Chairman Plummer: If you sustain the veto, then it will take three to two?
Mr. Maxwell: Yeah, just move to override it, if you like. If you move to override and it does not pass, then
the ordinance stays -- stands.
Vice Chairman Plummer: Oh, that's what I thought. OK. All right. The floor is open.
Commissioner Gort: Move to override the veto.
Vice Chairman Plummer: Move to override the veto by Gort.
Commissioner Regalado: Second.
Vice Chairman Plummer: Seconded by Regalado. Any discussion? If not, do we need to read the
ordinance?
Mr. Maxwell: No, sir.
Vice Chairman Plummer: OK. Call the roll.
THEREUPON MOTION BY COMMISSIONER GORT AND SECONDED BY COMMISSIONER
REGALADO, THE MOTION TO OVERRIDE MAYORAL VETO OF ORDINANCE NO. 11698
FAILED BY THE FOLLOWING VOTE:
AYES:
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
NAYS:
Commissioner Joe Sanchez.
Vice Chairman J.L. Plummer, Jr.
ABSENT:
None.
Mr. Maxwell: It fails.
Vice Chairman Plummer:
The veto stands.
Vice Chairman Plummer: Mr. Teele has asked on the consent agenda that we take up Items 25 and 27.
Commissioner Sanchez: Mr. Vice Chair, if I may intrude on -- interrupt you for a minute. Mr. Capote just
came in so, when you're ready to bring that item back up, I would appreciate it.
Vice Chairman Plummer: It will be after CommissionerTeele's request has been granted.
Commissioner Sanchez: Thank you very much.
Vice Chairman Plummer: Mr. Teele, Items 25 and 27.
24 October 13, 1998
Commissioner Teele: So moved.
Vice Chairman Plummer: Moved. Oh, you just wish to vote on them?
Commissioner Teele: No, I wish to move that they be moved into the regular agenda.
Vice Chairman Plummer: Oh. All right. So, Items 25 and 27 we're going to have to reconsider.
Commissioner Teele: Move to reconsider 25 and 27.
Vice Chairman Plummer: All right. Second. Any further discussion? Mr.-- in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed? Show unanimous.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-973
A MOTION TO RECONSIDER AGENDA ITEMS CA-25 (R-98-965, WHICH
AUTHORIZED CITY MANAGER TO ISSUE A REQUEST FOR
PROPOSALS FOR PROVISION OF WORKER'S COMPENSATION CLAIMS
ADMINISTRATIVE SERVICES FOR THE DEPARTMENT OF RISK
MANAGEMENT) AND CA-27 (R-98-967, WHICH ACCEPTED PROPOSAL
OF APPRAISAL AND REAL ESTATE ECONOMICS ASSOCIATES, INC.
FOR CONSULTING SERVICES).
Upon being seconded by Commissioner Plummer, 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: Now, Mr. Teele's motion to move 25 and 27 to the regular agenda of the next
meeting.
Commissioner Teele: So moved.
Vice Chairman Plummer: Moved by Teele. Seconded by Gort. All in favor, say "aye.".
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed? Show like sign.
25 October 13, 1998
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-974
A MOTION TO SCHEDULE CONSIDERATION OF AGENDA
ITEMS CA-25 AND CA-27 AT THE CITY COMMISSION MEETING
PRESENTLY SCHEDULED FOR OCTOBER 27, 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: Mr. Capote is present. Mr. Capote, front and center. " Venga aca." Mr. Sanchez.
We are now on regular Item Number 3.
Commissioner Sanchez: If I may have a moment here to discuss Mr. Capote's problem. Mr. Capote's
problem, which we are all aware, is the Teatro Marti, which is basically has fallen back on his rent for quite
some time now and I'm not going to get into the aspect of the historical events and all the good stuff that
theater has provided but I am going to get into the unfortunate events that have circulated Mr. Capote.
Before I get any further, I think he's going to need translation or somebody to speak on his behalf. But if I
may add, Mr. Capote has...
Vice Chairman Plummer: Mr. Manager, we need a translator.
Commissioner Sanchez: Mr. Capote has been plagued by several unfortunate events in his thirty some years
of entertainment to the community. One of them has been that, unfortunately, the theater-- the theatrical
industry has not done so well in Miami with the Blockbuster Video and movies and so on and so on. But his
theater has displayed a lot of cultural events in the community and I'm here to give him the opportunity to
address the Commission to ask for assistance to see if we could facilitate the problems that he's having.
Now, I want to let you know that he has made several attempts and acted in good faith to pay the money that
he's owed the bank and he had an individual, which he hired to pay his bills for him because he does not
speak English and, therefore, felt that this individual would guide him in the right direction and get legal
opinion on his behalf. This individual ended up robbing and stealing from him the money that he was trying
to pay for the bills and the back taxes, which I think that the back taxes have been paid and he is now in a
situation with the Fire Department, that they have not given him the inspection needed for him to come out
of his jam that he's in, and that's why he falls back. He has -- he wants to address the Commission because
he simply wants to ask the Commission to take it upon their hearts to see if they could put his payments back
to where he could physically, with the money that he's getting from the place, which is still operational with
two theaters, to open up the restaurant that he has there and also try to do everything he can to open up the
business. I just want to state that this is about the third time that it's brought here. I believe that all the
Commissioners have looked at the problem. I think that we could work together and try to save his business.
He is a man who's well respected in the community and one which is admired by a lot of people. I'm going
to give him the opportunity now to basically express his concern, the problems that he's had, and then, you
26 October 13, 1998
know, I call upon my colleagues here to assist me to find a solution to his problems. Thank you.
Vice Chairman Plummer: All right. How do you want to do this? You want to let him speak?
Commissioner Sanchez: Mr. Plummer, I — Mr. Vice Chair, I call upon you to guide us in whatever — which
way you want.
Vice Chairman Plummer: All right. Raul, if you'll tell him to please make whatever plea or presentation
you wishes to this Commission. He has two minutes.
Commissioner Sanchez: Well, I don't think he's going to have time for two minutes. I'm asking you as a
personal favor...
Vice Chairman Plummer: Make it as brief as possible.
Commissioner Gort: Excuse me. Why don't you go over here. It makes it a lot easier. You translate from
this microphone, it makes it a lot easier.
Mr. Capote (Translated by Raul Martinez): He gave his name as Mr. Capote. He's been the proprietor of
the theater for many years.
Vice Chairman Plummer: Whoa, whoa, whoa, whoa.
Mr. Raul Martinez: That's why I wanted to stay there.
Mr. Capote (Translated by Mr. Martinez): Again, he repeated his name. He says that Teatro Marti is not
one theater. It's a combination of five theaters. That he has maintained that theater for over 32 years
through blood and sweat.
Vice Chairman Plummer: Is the administration prepared to discuss this issue?
Mr. Capote (Translated by Mr. Martinez): He's come to this Commission several times to ask for a
moratorium of the money that he owes. And he has seen this occur before in front of this Commission,
before other people have been granted this moratorium. He says he doesn't want any gifts. He just wants to
have some more time so he can make the payments. He's saying that the Commission protects him with a
Fire Department but why doesn't the Fire Department work with him to help him on this issue? He says he
was forced to install sprinklers at the theater and he had to get a loan of-- he had to get two loans for two
hundred thousand dollars ($200,000) a piece for the sprinkler and for other renovations at the theater. He
says that money never touched his hands. That the money went from bank to bank to pay for the sprinkler
system and for the other renovations. He's saying, after this happened here, the Miami Herald, he guess they
like it and they printed an article that people were going to die at the theater. He claims he's never had an
incident at that theater, reference fire or police; that the ex -police chief is here and he knows that we never
responded to that theater for an issue about a fire. That the money that was given for the sprinkler system
was placed under the Capital Bank and Capital Bank was supposed to sign and he was supposed to sign.
And the -- for the money of the renovations, they put a gentleman by the name of Prieto, who's the head of
Public Works for the City of Miami. They received three bids for each of the-- for the work that had to be
done; that Mr. Prieto assisted him in doing -- selecting, which was, I guess, the lowest bidder because Mr.
Prieto had the expertise and Mr. Capote did not.
Vice Chairman Plummer: Are you all prepared to speak to this?
Mr. Capote (Translated by Mr. Martinez): He says that a company by the name of Fi-Pack (phonetic) was
selected to do this work but...
Commissioner Gort: Excuse me. He stated that that company worked for the City.
Mr. Martinez: No. I think, Commissioner, what he said was that the City assisted him in picking the lowest
bidder. Let me explain the way that I understand what he's saying. He's saying this company called FiPack
has and is doing work for the City on different contracts and that on this specific contract, theyfrauded him
27 October 13, 1998
of sixteen thousand dollars ($16,000). He never finished the work for him that he was supposed to be done.
And this is what he's relating to.
Mr. Capote (Translated by Mr. Martinez): By this company not finishing the labor, he had to go find
another company to do the work. This time he hired American company. The other company finished the
work. They charged nineteen thousand dollars ($19,000). The Fire Department came by and did the
inspection and passed the inspection with the sprinkler system. He's saying that the Fire Department is
claiming now that they inspected the work by the second company but that they never inspected the work by
the first company, being Fi-Pack, and that now he is being cited with a fine of two hundred and fifty dollars
($250) a day for the last six years.
Vice Chairman Plummer: All right, all right, all right. Hold on. Stop. Time out. I think that the issue here
is not whether or not he got a bad deal on the fire equipment. I think that the problem that we're addressing
here is, that this matter has gone into foreclosure on August the 411. Title was given to Miami Capital and
that, in fact, I assume what he is asking us to do is try to get it back into his hands, where he can, in fact,
reopen the thing. And I think his problem with Miami Capital, not with the City of Miami. You know, I
really don't see the relevance of the idea of going into this depth about the fire thing and all of that. Dena.
Ms. Dena Bianchino (Assistant City Manager): Yes, sir.
Vice Chairman Plummer: Give us a short version.
Ms. Bianchino: Just very short. The property is owned by Miami Capital Development. It resulted from a
foreclosure action. The property is now for sale. I believe they are negotiating with a buyer and Mr. Capote
should talk to Miami Capital if he's interested in purchasing the property.
Vice Chairman Plummer: OK. I mean, is there...
Mr. Capote: (Speaking in Spanish. Comments not translated).
Commissioner Sanchez: Mr. Plummer?
Commissioner Gort: Let him explain that.
Vice Chairman Plummer: Explain it.
Mr. Capote (Translated by Mr. Martinez): He said that he's willing and able to discuss with Miami Capital
the purchase of the property but that Miami Capital purchased this property from the City for a hundred
dollars.
Vice Chairman Plummer: Well, it's my understanding, Miami Capital's going to try to recoup the loan that
they gave...
Ms. Bianchino: Absolutely.
Vice Chairman Plummer: ...by virtue of selling the property and he has the right to bid on the property like
anyone else.
Ms. Bianchino: That's absolutely correct.
Commissioner Sanchez: Mr. Vice Chair, if I may?
Vice Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: If I may ask. You know, we can't continue to be taking our problems down the
street anymore. You know, one of the things is, this is a -- I have several letters here from -- one is from
Ileana Ross and other people from the community that has very expressed that they hate to see the theater
go. Now, it's in my district. I have an obligation to be here and bring him in front of the Commission to
express the problems that he's had, the problems that he's going through right now, to see if we could find a
28 October 13, 1998
solution. I'm willing to do that. I don't think he's got the money to buy that property, so let's not even waste
time doing that. You know, I'm willing to make a motion and then we'll-- you know, the motion could be
moved or it could die right here but....
Vice Chairman Plummer: Let's hear your motion.
Commissioner Sanchez: Well, my motion is to provide Mr. Capote with a moratorium to assist the Teatro
Marti get back on its feet again.
Vice Chairman Plummer: Well, first and foremost-- hold it. Is there a second?
Commissioner Teele: Mr. Chairman, I would second the motion. I'm not sure that the motion is a proper
motion but I'm willing to second it for purposes of discussion.
Vice Chairman Plummer: All right. Mr. City Attorney?
Mr. Alejandro Vilarello (City Attorney): Yes, sir.
Vice Chairman Plummer: Now, you've heard the motion. Is the motion in order or not?
Mr. Vilarello: The Teatro Marti is not the owner of the property anymore. It's -- title's in the name of
Miami Capital pursuant to a foreclosure action, so there could be no moratorium that we could impose on,
imposing any rules or fines on Teatro Marti.
Vice Chairman Plummer: So, your opinion is that the motion is out of order? Mr. Sanchez.
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: I yield to Mr. Teele.
Vice Chairman Plummer: Mr. Sanchez?
Commissioner Sanchez: I yield to Mr. Teele.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Thank you. Thank you, Commissioner Gort, Commissioner Sanchez. I think what
we have here is a classic example of whether or not we, as a Commission, within the limited budget
resources that we have, if we're really going to focus in on issues that are important in districts-- and I think
one of the unique opportunities that this form of government gives us is an opportunity to look at problems
in a very geographic sense and allow the Commissioner that represents the district to determine or help us
determine, prioritize what's important. I have no ability to determine what is important in this district. I
think we all are going to wind up making -- getting on each other's nerves if we come up every other week
with a new priority but in the context of that, I would be willing to second a motion that would instruct the
Manager to report back to the Commission next -- in the next Commission meeting with a full report on this
and the range of options that we may have. And I would -- before I would yield, I would ask the Manager,
respectfully, is that something that would be convenient or would be something that you could support?
Mr. Donald H. Warshaw (City Manager): Yes, sir, I would.
Commissioner Teele: In that context, if Commissioner Sanchez would make that motion, I would like to
have some specific discussion with the Manager and his staff on what I would like to see the report include.
Vice Chairman Plummer: Mr. Sanchez. Mr. Gort.
Commissioner Sanchez: I would yield to Mr. Gort.
29 October 13, 1998
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: Let me give you a suggestion. Because I think it's important to understand -- I've
known Mr. Capote, I think, for the 32 years that he's been there and we've discussed this quite a bit. He's
been in front of us quite a few times before. I think everything I got -- every time I got -- every since I've
been elected, I think this has been in front of us. I think one of the things we have been able to show and
we've talked to Mr. Capote, the way he's running the theater right now is very impropable for him to get the
right income to stay there. I think the one suggestion that I'd like to do is have the Miami Capital talk-- to
Miami Capital -- my understanding is that someone that wants to buy it -- I think maintaining Capote's
theater in here in a smaller scale could function a lot better integrated with another project and we've talked
about that. And I've told him that's the only way I think that he'll be able to survive his theater-- maintain
his theater. Maybe the individuals that's interested in buying the building might be interested to do a joint
venture with Capote because I think Capote's theater could be very important to whatever you're going to do
there. We've already talked about it. You can always have office and residential in the second, third and
fourth floor and maybe move the theater to the lobby or to the retail part. And I think that joint venture
might be able to survive. So, I think your motion amended to instruct the Manager to sit down with Miami
Capital and, if possible, whoever is intend to buy the building, to sit down with him and come up with a
suggestion. Come back to us.
Commissioner Regalado: If I may?
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Just very briefly. I think Commissioner Gort is right and the motion amended by
Commissioner Teele would be the final solution. But we should also instruct the Manager to tell Miami
Capital that, until the administration comes back to the Commission with all the options, that the property
will not, in any way, be sold or be disposed of. Because, like Willie said, I know that there are people that
are willing to proceed with -- to buy the property. So, I would think that at least we should give him the
possibility of waiting until the next meeting on the 27th to-- you know, a standstill.
Vice Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: On several occasions, I've spoke to Mr. Capote with a similar idea, that the
property could be turned over to maybe come up with a modern income housing on the upper part and he
would stay with two of the theaters in the bottom, you know, with the cooperation of the bank. And he's
basically has stated that he would not be interested in that. However, that is his opinion. Now, I would like
to put a motion out that would -- a motion to the City Manager to bring in front of the Commission a range
of options by the next Commission meeting to see if we could assist Mr. Capote on this matter.
Vice Chairman Plummer: Seconded by Mr. Teele.
Commissioner Teele: And further requesting Miami Capital to stand still until the Commission has met.
Vice Chairman Plummer: All right. Mr. City Attorney, you have a concern?
Mr. Vilarello: Just addressing that issue. It is a request from the City Commission. the City Commission,
of course, cannot mandate Miami Capital stand still but we'll incorporate this Commission's request to stand
still during the pendency of the report.
Vice Chairman Plummer: All in favor, say "aye."
Commissioner Teele: On the motion.
Vice Chairman Plummer: On the motion.
Commissioner Teele: On the motion. Mr. Manager, I really would like to understand this project a little bit
better. And I think one of the things we need to do is deal with history of projects. I know my concern on
the issue relating to the Item 27. It's just the fact that there - the legislative history has been wiped out, even
though it only occurred within the last six months. I really would like to know, is this property a historic
30 October 13, 1998
property? And, if so, has the Planning Department or did the Planning Department ever look at having this
project designated as a historic site? I also would like to know, is it historic within the context of
Community Block Grant Development legislation, which essentially requires only a very abbreviated form
of a designation by which the Commission can act? Thirdly, I would like to know whether or not-- I'm
reading Congresswoman Letiner's letter, which I would ask be incorporated as made a part of the record
with the Clerk. I really would like to know whether or not the City ever looked at other options, such as,
owning this facility and giving Mr. Capote a management agreement, which would include, at a minimum,
the full fair for taxes and, you know, an amount equivalent for taxes? I think there are a whole range of
options that we have if we really want to help. But to me, the issue is bigger than Mr. Capote. The issue is
about the historic nature and the symbolism of the culture that it represents and in that regard-- I mean, I
think it's -- it's the kind of thing that when you look at Dade County and you look at Vizcaya, as an example,
we miss too many opportunities of owning things and allowing an operation whereby we can get the same
benefit as if we were -- as if taxes were being paid on it. In other words, I really do believe that if this
theater is as significant to the Cuban community as Congresswoman Ileana Ross-Letiner and others have
suggested, it may be a way that the City can look at retaining or purchasing from Miami Capital this project
and allowing -- Chief, I hope you're translating because I'm trying to give him some options. At the same
time, I'm mindful of the fact that Miami Capital has a fiduciary obligation to recover one hundred percent of
the money that they have loaned on this or some amount as close to that as the market will allow. But I
think we can, you know, meet all of these conflicting policies. But what I'm really interested in, is the City
of Miami preserving some of our historical sites and, particularly, our historical sites that have culture
implication. Mr. Manager, I have had discussions with the Parks Director going back to when he was the
Manager for that minute and one of the things that really bothers me about the City of Miami Parks
Department is that we don't have any culture facilities. The County has got legions of culture facilities. I
commend Commissioner Regalado for recommending that we have a culture council and a culture
Commission but I think, if we're going to have culture in this town, it's got to start, to some extent, here. So,
I really do think, Mr. Manager, Dena, that it's possible that the Parks Department could wind up owning this
asset perhaps if it is historic, truly historic in nature, if is an eligible activity. I think that we could charge
Mr. Capote a management agreement fee that would be equal to taxes or whatever, and an amortization for
capital costs for this. We don't have to make a profit. We just don't need to lose money. And I think the
real issue here is that we need to look at how we can preserve some of Miami's unique culture history. And
I'm going to tell you again. You know, that's one of the things I'm going to be talking about next week,
hopefully, when we get around to Overtown, so I'm being very candid about this. I think we have some
unique culture and we ought to proactively look at ways to do it and I'd like to see if this is something that
also meets within those Federal guidelines.
Mr. Warshaw: Commissioner, a the next meeting, we'll bring you back a full historical report as to how the
project started, where it's at, what the options are, and all of the things you requested.
Commissioner Teele: Mr. Manager, I particularly am interested in the site and whether or not the physical
building itself could qualify or has qualified as a historic designation under the U.S. Department of Interior
Regulations and, separately, under the U.S. Department of Housing and Urban Affairs Regulation. Does
anyone know how old the building is, for the record?
Commissioner Sanchez: Mr. Capote should know.
Vice Chairman Plummer: Well, when I went to Aida -Merit across the street, it was there in'46.
Commissioner Sanchez: Ask him how old is the building?
Mr. Capote (Translated by Mr. Martinez): It was built before 1928.
Commissioner Gort: It was built by Plummer.
Commissioner Teele: If it was built before 1928, I've got to tell you-- I mean, I'm going to be on record
now. I think, if a building has this kind of cultural significance -- one of the sicknesses that I have every
time I drive down Biscayne Boulevard is Freedom Tower. I mean, I really think Freedom Tower should
have been owned by the City of Miami and I commend the Mas Canosa family for doing it. But there is a
building again that is not only historic but has a culture significance and I think if this building was built in
that time frame, we need to get the Planning Department to look at this building and determine whether or
not -- and I can assure you that the City of Miami could afford to buy this building at the right time, if the
31 October 13, 1998
majority of the Commission agrees, notwithstanding what may come up in some hidden memorandum.
Vice Chairman Plummer: All right. Let's move on. There's a motion on the floor. Is there any further
discussion? All in -- no, it's not a public hearing. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed?
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO. 98-975
A MOTION INSTRUCTING THE CITY MANAGER TO BRING BACK
BEFORE THE COMMISSION A RANGE OF OPTIONS TO CONTINUE
OPERATION OF TEATRO MARTI AT THE CITY COMMISSION MEETING
PRESENTLY SCHEDULED FOR OCTOBER 27, 1998; FURTHER
REQUESTING OF MIAMI CAPITAL DEVELOPMENT CORPORATION,
THROUGH THE CITY MANAGER, TO REMAIN IN A HOLDING
PATTERN UNTIL SAID ISSUE HAS BEEN FULLY ADDRESSED;
FURTHER INSTRUCTING THE MANAGER TO DIRECT THE PLANNING
DEPARTMENT TO LOOK AT SAID ISSUE.
Upon being seconded by Commissioner Teele, 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, I have a clarification from the City Attorney. Mr. Teele, I am to,
in fact, have a revisit of the entire consent agenda.
Commissioner Teele: So moved to reconsider the entire agenda for the purpose...
Vice Chairman Plummer: Moved by Teele. Seconded by Regalado. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed? Show unanimous.
32 October 13, 1998
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-976
A MOTION TO RECONSIDER PRIOR VOTE WHICH HAD PREVIOUSLY
PASSED CERTAIN CONSENT AGENDA ITEMS, MORE SPECIFICALLY,
CONSENT AGENDA ITEMS 1 THROUGH 31, AS DESIGNATED BY R-98-
946 THROUGH R-98-971, RESPECTIVELY.
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: Now, we will include in the revisit Consent Agenda 25 and 27, to show...
Commissioner Teele: So moved.
Mr. Alejandro Vilarello (City Attorney): To remove them from the consent agenda and...
Vice Chairman Plummer: To remove them from the consent agenda, to put them over to the next regular
agenda item.
Commissioner Gort: I thought we moved them.
Vice Chairman Plummer: We did but I understand that we didn't do it properly. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Plummer: Seconded by Regalado. All in favor say, "aye."
The Commission (Collectively): Aye.
Mr. Vilarello: This is adopting the consent agenda with the exception of 25 and 27.
Vice Chairman Plummer: And the others that had already been removed.
33 October 13, 1998
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-977
A MOTION TO REMOVE ITEMS CA-25 AND CA-27 FROM THE
CONSENT AGENDA AND TO PLACE SAME AS REGULAR ITEMS ON
THE NEXT CITY COMMISSION MEETING, PRESENTLY SCHEDULED
FOR OCTOBER 27TH, 1998; FURTHER PASSING CERTAIN CONSENT
AGENDA ITEMS (R-98-978 THROUGH R-98-1001).
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.
101 ACCEPT BID OF C & S TRAILER SALES, INC. -- FOR PURCHASE OF TWO -HORSE
TRAILERS -- FOR GENERAL SERVICES ADMINISTRATION TO BE UTILIZED BY MIAMI
POLICE DEPARTMENT MOUNTED PATROL --AT TOTAL COST NOT TO EXCEED $24,932.24 --
ALLOCATE FUNDS FROM ACCOUNT CODE NO.001000.290306.6.840.
RESOLUTION 98-978
A RESOLUTION ACCEPTING THE BID OF C & S TRAILER SALES,
INC., FOR THE PURCHASE OF TWO EACH TWO -HORSE
TRAILERS, FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION TO BE UTILIZED BY THE MIAMI POLICE
DEPARTMENT MOUNTED PATROL, AT A TOTAL COST NOT TO
EXCEED $24,932.24; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NO. 00 1000.290306.6.840.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
34 October 13, 1998
10.2 ACCEPT BID OF BAKER EQUIPMENT ENGINEERING COMPANY -- FOR PROVISION
AND INSTALLATION OF ONE (1) AERIAL TOWER (BUCKET TRUCK APPARATUS) -- FORi
GENERAL SERVICES ADMINISTRATION -- AT TOTAL COST NOT TO EXCEED $27,694.--
ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROGRAM, (`REPLACEMENT OF CITY-
WIDE FLEET", PROJECT NO.311850.
RESOLUTION 98-979
A RESOLUTION ACCEPTING THE BID OF BAKER EQUIPMENT
ENGINEERING COMPANY FOR THE PROVISION AND
INSTALLATION OF ONE (1) AERIAL TOWER (BUCKET TRUCK
APPARATUS) FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, AT A TOTAL COST NOT TO EXCEED
$27,694.12; ALLOCATING FUNDS THEREFOR FROM THE
CAPITAL IMPROVEMENT PROGRAM, "REPLACEMENT OF CITY-
WIDE FLEET", PROJECT NO.311850.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
10.3 ACCEPT BID OF AXCITON SYSTEMS, INC. --- FOR PROVISION OF THREE
COMPUTERIZED POLYGRAPH INSTRUMENTS -- FOR DEPARTMENT OF POLICE -- AT
TOTAL COST NOT TO EXCEED $12,450 -- ALLOCATE FUNDS FROM ACCOUNT CODE NO
001000.290201.6.850.
RESOLUTION 98-980
A RESOLUTION ACCEPTING THE BID OF AXCITON SYSTEMS,
INC., FOR THE PROVISION OF THREE COMPUTERIZED
POLYGRAPH INSTRUMENTS, FOR THE DEPARTMENT OF
POLICE, AT A TOTAL COST NOT TO EXCEED $12,450.00;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO.
001000.290201.6.850.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
35 October 13, 1998
RESOLUTION 98-981
A RESOLUTION ACCEPTING THE BID OF JESSLA
CONSTRUCTION CORP., IN THE PROPOSED AMOUNT OF
$384,995.00, FOR THE PROJECT ENTITLED "EATON DAYCARE
CENTER (SECOND BIDDING) PROJECT, B-6271' ; ALLOCATING
FUNDS THEREFOR FROM PROJECT NO. 331361, AS
APPROPRIATED BY THE FISCAL YEAR 1997-1998 CAPITAL
IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED, IN THE
AMOUNT OF $384,995.00 TO COVER THE CONTRACT COST AND
$7,739.00 TO COVER THE ESTIMATED EXPENSES, FOR AN
ESTIMATED TOTAL COST OF $392,734.00; AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY THEREFOR FROM
ACCOUNT CODE NO. 00 1000.290201.6.850.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
10.5 ACCEPT BID OF JESSLA CONSTRUCTION CORP., IN PROPOSED AMOUNT OF
$384,99 - FOR PROJECT ENTITLED "LEMONCITY DAYCARE (SECOND BIDDING)
PROJECT, B-6272" —ALLOCATE $428,704 FROM PROJECT NO.331386, AS APPROPRIATED'
BY THE FISCAL YEAR 1997-1998' CAPITAL IMPROVEMENT ORDINANCE NO. 11623.
RESOLUTION 98-982
A RESOLUTION ACCEPTING THE BID OF JESSLA
CONSTRUCTION CORP., IN THE PROPOSED AMOUNT OF
$384,995.00, FOR THE PROJECT ENTITLED "LEMON CITY
DAYCARE (SECOND BIDDING) PROJECT, B-6272' ; ALLOCATING
FUNDS THEREFOR FROM PROJECT NO. 331386, AS
APPROPRIATED BY THE FISCAL YEAR 1997-1998 CAPITAL
IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED, IN THE
AMOUNT OF $384,995.00 TO COVER THE CONTRACT COST AND
$43,709.00 TO COVER THE ESTIMATED EXPENSES, FOR AN
ESTIMATED TOTAL COST OF $428,704.00; AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
36 October 13, 1998
RESOLUTION 98-983
A RESOLUTION ACCEPTING THE BID OF YOUNG OIL
COMPANY, INC., FOR THE DEPARTMENT OF CONFERENCES,
CONVENTIONS AND PUBLIC FACILITIES, TO FURNISH AND
INSTALL FUEL DISPENSING EQUIPMENT AND PROVIDE FUEL
TO TENANTS AND CUSTOMERS AT MARINE STADIUM MARINA,
ON A CONTRACT BASIS, FOR FIVE (5) YEARS, WITH THE
OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE-YEAR
PERIODS; FURTHER PROVIDING THAT SAID SERVICES WILL
GENERATE ANNUAL RECURRING REVENUES TO THE CITY AT
NO OUT-OF-POCKET COST TO THE CITY.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
10.7 BID OF WEATHERTROL MAINTENANCE CORP., (HISPANIC/LOCAL VENDOR) -- FOR
REPLACEMENT OF AIR CONDITIONING COOLING TOWER -- FOR DEPARTMENT OF POLICE,'
-- ALLOCATE $49,655 FROM CAPITAL IMPROVEMENT PROGRAM, ACCOUNT CODENO.
312015.299401.6.840.
RESOLUTION 98-984
A RESOLUTION ACCEPTING THE BID OF WEATHERTROL
MAINTENANCE CORP., FOR THE REPLACEMENT OF THE AIR
CONDITIONING COOLING TOWER FOR THE DEPARTMENT OF
POLICE, AT A TOTAL COST NOT TO EXCEED $49,655.00;
ALLOCATING FUNDS THEREFOR FROM THE CAPITAL
IMPROVEMENTS PROGRAM, ACCOUNT CODE NO.
312015.299401.6.840.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
10.8 ACCEPT BID OF ROYAL PACIFIC COMPANY (HISPANIC/LOCAL VENDOR) -- FOR
REPLACEMENT OF EXTERIOR WALK DOORS' AT FIRE STATION 1 --, FOR DEPARTMENT OF'.
FIRE -RESCUE -- ALLOCATE $5,488 FROM ACCOUNT CODE NO.
RESOLUTION 98-985
A RESOLUTION ACCEPTING THE BID OF ROYAL PACIFIC
COMPANY FOR THE REPLACEMENT OF EXTERIOR WALK
DOORS AT FIRE STATION 1, FOR THE DEPARTMENT OF FIRE -
RESCUE, AT A TOTAL COST NOT TO EXCEED $5,488.0;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO.
001000.280701.6.670.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
37 October 13, 1998
10.9 ACCEPT BID OF ALMARK ENTERPRISES (NON-MINORITY/NON-LOCAL VENDOR) --
FOR PROVISION OF SLEEPING BAGS -- FOR DEPARTMENT OF FIRE -RESCUE; - ALLOCATE
$10,230 FROM URBAN SEARCH AND RESCUE GRANT, ACCOUNT CODE NO.
313826.802801.6.840.
RESOLUTION 98-986
A RESOLUTION ACCEPTING THE BID OF ALMARK
ENTERPRISES FOR THE PROVISION OF SLEEPING BAGS, FOR
THE DEPARTMENT OF FIRE -RESCUE, AT A TOTAL COST NOT
TO EXCEED $10,230.00; ALLOCATING FUNDS THEREFOR FROM
THE URBAN SEARCH AND RESCUE GRANT, ACCOUNT CODE
NO. 313 826.802801.6.840.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
10.10 ACCEPTBID OF ABRAHAM CHEVROLET OF MIAMI, INC., (NON-MINORITY/LOCAL
VENDOR) -- FOR FIVE (5) CHEVROLET TAHOES, POLICE PACKAGE WITH OPTIONS -- FOR
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION -- ALLOCATE' $147,940 FROM
CAPITAL IMPROVEMENT PROGRAM, "REPLACEMENT OF CITY-WIDE FLEET" PROJECT'
NO.311850.
RESOLUTION 98-987
A RESOLUTION ACCEPTING THE BID OF ABRAHAM
CHEVROLET OF MIAMI, INC., FOR THE PROVISION OF FIVE (5)
CHEVROLET TAHOES, POLICE PACKAGE WITH OPTIONS, FOR
THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION,
AT A TOTAL COST NOT TO EXCEED $147,940.00; ALLOCATING
FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT
PROGRAM, "REPLACEMENT OF CITY-WIDE FLEET," PROJECT
NO.311850.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
38 October 13, 1998
10.11 APPROVE PURCHASE OF WHELEN EMERGENCY WARNING DEVICES AND LIGHTING
-- FOR POLICE TRAFFIC ENFORCEMENT MOTORCYCLES FROM CENTRAL PUBLIC SAFETY
EQUIPMENT CO -- UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. IB5794-1--
FOR GENERAL SERVICES ADMINISTRATION-- ALLOCATE $27,397.60 FROM CAPITAL
IMPROVEMENT PROGRAM, "REPLACEMENT OF CITY-WIDE FLEET", PROJECT NO.311850.
RESOLUTION 98-988
A RESOLUTION APPROVING THE PURCHASE OF WHELEN
EMERGENCY WARNING DEVICES AND LIGHTING FOR POLICE
TRAFFIC ENFORCEMENT MOTORCYCLES FROM CENTRAL
PUBLIC SAFETY EQUIPMENT CO. UNDER EXISTING MIAMI-
DADE COUNTY CONTRACT NO. I135794-1, FOR THE
DEPARTMENT OF GENERAL SERVICES ADM NISTRATION, AT A
TOTAL COST NOT TO EXCEED $27,397.60; ALLOCATING FUNDS
THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM,
"REPLACEMENT OF CITY-WIDE FLEET," PROJECT NO.311850.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
10.12 ACCEPT BID OF STATIONARY POWER SERVICES, INC., (NON-MINORITYtNON-LOCAL
VENDOR) -- FOR REMOVAL AND REPLACEMENT OF THREE POWER INVERTER SYSTEMS
CITY-WIDE -- AT TOTAL COST NOT TO EXCEED $38,97 -- ALLOCATE FUNDS FROM
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, ACCOUNT CODE NO.
506000.420601.6! 840.
RESOLUTION 98-989
A RESOLUTION ACCEPTING THE BID OF STATIONARY POWER
SERVICES, INC., FOR THE REMOVAL AND REPLACEMENT OF
THREE POWER INVERTER SYSTEMS CITY-WIDE, AT A TOTAL
COST NOT TO EXCEED $38,970.00; ALLOCATING FUNDS
THEREFOR FROM THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, ACCOUNT CODE NO.506000.420601.6.840.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
39 October 13, 1998
RESOLUTION 98-990
A RESOLUTION ACCEPTING THE BID OF BEST MAINTENANCE
AND JANITORIAL SERVICE, INC., FOR THE PROVISION OF
CUSTODIAL SERVICES AT MANUEL ARTIME CENTER, ON AN
AS -NEEDED, WHEN -NEEDED CONTRACT BASIS FOR ONE (1)
YEAR, WITH THE OPTION TO EXTEND FOR TWO (2)
ADDITIONAL ONE-YEAR PERIODS, FOR THE DEPARTMENT OF
PUBLIC FACILITIES, IN THE ANNUAL AMOUNT OF $28,080,
WITH THE PROVISION FOR OPTIONAL AUDITORIUM CLEANING
SERVICES, IN THE AMOUNT OF $7,920, FOR A TOTAL ANNUAL
AMOUNT NOT TO EXCEED $36,000; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO.450001.350509.340.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
RESOLUTION 98-991
A RESOLUTION APPROVING THE PROCUREMENT OF DERELICT
VESSEL REMOVAL SERVICES WITHIN THE CITY OF MIAMI
WATERWAYS FROM DOCK & MARINE CONSTRUCTION,
CAPTAIN DANS MARINE TOWING & SLAVAGE, EPPERSON
CRANES, INC., AND MARIN & MARIN CONSTRUCTION,
AWARDED UNDER MIAMI-DADE COUNTY CONTRACT NO.2550-
2/98-2, ON A CONTRACT BASIS UNTIL DECEMBER 31, 1998, FOR
THE DOWNTOWN NET OFFICE, AT A TOTAL COST NOT TO
EXCEED $27,389.00; ALLOCATING FUNDS THEREFOR FROM THE
SPECIAL REVENUE FUND ENTITLED "DERELICT VESSEL
REMOVAL GRANT PROGRAM," AS APPROPRIATED BY
ORDINANCE NO. 11559, ADOPTED OCTOBER 28, 1997.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
40 October 13, 1998
10.15 APPROVE PURCHASE OF AMMUNITION FROM LAWMEN'S & SHOOTERS' SUPPLY,';
INC., UNDER EXISTING STATE OF FLORIDA CONTRACT NO. 680-000-99-1, ON AN AS -
NEEDED CONTRACT BASIS UNTIL DULY 19,1999 -- FOR POLICE ALLOCATE $140,000 FROM
ACCOUNT CODE NO. 001000.290201.6.703.
RESOLUTION 98-992
A RESOLUTION APPROVING THE PURCHASE OF AMMUNITION
FROM LAWMEN'S & SHOOTERS' SUPPLY, INC., UNDER
EXISTING STATE OF FLORIDA CONTRACT NO. 680-000-99-1, ON
AN AS -NEEDED CONTRACT BASIS UNTIL JULY 19, 1999, FOR
THE DEPARTMENT OF POLICE, AT A TOTAL AMOUNT NOT TO
EXCEED $140,000.00; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NO. 00 1000.290201.6.703.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
RESOLUTION 98-993
A RESOLUTION, WITH ATTACHMENT, APPROVING THE
PROCUREMENT OF HYDRAULIC PARTS, SUPPLIES AND REPAIR
SERVICES FROM VENDORS LISTED ON THE ATTACHED
CONTRACT AWARD SHEET, UNDER EXISTING MIAMI-DADE
COUNTY CONTRACT NO. 4599-4/02-OTR, ON A CONTRACT
BASIS UNTIL JANUARY 31, 1999, WITH THE OPTION TO EXTEND
FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS, FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, AT A
TOTAL ANNUAL AMOUNT NOT TO EXCEED $175,000.00;
ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION FY `98-99 BUDGET,
HEAVY EQUIPMENT GARAGE, ACCOUNT CODE NOS.
509000.420901.6.670 ($65,000) AND 509000.420901.6.702 ($110,000).
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
41 October 13, 1998
10J7 APPROVE PROCUREMENT OF AUTOMOTIVE BATTERIES FROM EXIDE'
CORPORATION, -- FOR GENERAL SERVICES ADMINISTRATION, ALLOCATING $45,000'
FROM ACCOUNT CODE NO. 509000.420901.6.702.
RESOLUTION 98-994
A RESOLUTION APPROVING THE PROCUREMENT OF
AUTOMOTIVE BATTERIES FROM EXIDE CORPORATION, UNDER
EXISTING STATE OF FLORIDA CONTRACT NO. 060-100-98-1, ON
A CONTRACT BASIS UNTIL JUNE 14, 2001, FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, AT
AN ANNUAL AMOUNT NOT TO EXCEED $45,000.00;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO.
509000.420901.6.702.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
RESOLUTION 98-995
A RESOLUTION RESCINDING THE BID AWARD TO NEWAY
SYSTEMS, INC., WHO DECLINED TO RENEW ITS CONTRACT, IN
THE AMOUNT OF $3,996.00, FOR THE FURNISHING OF MARINA
CLEANING SERVICES AT DINNER KEY MARINA AND
AWARDING THE BID TO MR. CLEAN RELIABLE SERVICES, INC.,
THE THIRD LOWEST RESPONSIVE AND RESPONSIBLE BIDDER,
FOR THE FURNISHING OF SAID SERVICES AT DINNER KEY
MARINA UNTIL OCTOBER 26, 1998, WITH THE OPTION TO
EXTEND FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, AT AN
ANNUAL AMOUNT NOT TO EXCEED $7,058.88, ALLOCATING
FUNDS THEREFOR FROM ACCOUNT CODE NO.
413 000.3 50505.6.340.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
42 October 13, 1998
10.19 AUTHORIZE FUNDING OF POLICE ATHLETICLEAGUE ("PAL") PROGRAM, --
ALLOCATE FUNDS IN AMOUNT NOT TO EXCEED $93,000, FROM THE LAW ENFORCEMENT
TRUST FUND, PROJECT NOS. 690001, 690002, AND 690003.
RESOLUTION 98-996
A RESOLUTION AUTHORIZING THE FUNDING OF THE POLICE
ATHLETIC LEAGUE ("PAL") PROGRAM, AND ALLOCATING
FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $93,000.00,
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, CHAPTER 932.7055, AS
AMENDED, AND THE U.S. DEPARTMENT OF JUSTICE "GUIDE TO
EQUITABLE SHARING."
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
10.20 AUTHORIZE POLICE TO UTILIZE THE MIAMI-DADE COMMUNITY COLLEGE DRIVING'
RANGE -- ALLOCATE $10,000 FROM POLICE DEPARTMENT FY 98/99 GENERAL OPERATING'
BUDGET, ACCOUNT 001000.290201.6.270.
RESOLUTION 98-997
A RESOLUTION AUTHORIZING THE DEPARTMENT OF POLICE TO
UTILIZE THE MIAMI-DARE COMMUNITY COLLEGE DRIVING TRACK,
AT AN AMOUNT NOT TO EXCEED $10,000 ANNUALLY; ALLOCATING
FUNDS THEREFOR FROM THE POLICE DEPARTMENT FISCAL YEAR
1998-99 GENERAL OPERATING BUDGET, ACCOUNT CODE NO.
001000.290201.6.270; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER
AND THEREAFTER TO ALLOW SAID USAGE ON AN ANNUAL BASIS,
SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
43 October 13, 1998
RESOLUTION 98-998
A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF
THE BAYFRONT PARK MANAGEMENT TRUST (EXECUTIVE
DIRECTOR) TO EXECUTE AN AMENDMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO THE
PROFESSIONAL SERVICES AGREEMENT WITH DAVID
PLUMMER & ASSOCIATES, IN AN AMOUNT NOT TO EXCEED
$17,500.00 FOR THE PROVISION OF ADDITIONAL ENGINEERING
SERVICES FOR THE BAYFRONT PARK MANAGEMENT TRUST
(TRUST) IN CONNECTION WITH CAPITAL IMPROVEMENTS TO
BE MADE TO THE MILDRED AND CLAUDE PEPPER BAYFRONT
PARK (PARK); ALLOCATING FUNDS THEREFOR FROM THE
CAPITAL IMPROVEMENT PROGRAM, "BAYFRONT PARK
IMPROVEMENTS." PROJECT NO. 331401.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
RESOLUTION 98-999
A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF
THE BAYFRONT TRUST MANAGEMENT TRUST (EXECUTIVE
DIRECTOR) TO EXECUTE AN AMENDMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO THE
PROFESSIONAL SERVICES AGREEMENT WITH LESTER
PANCOAST, FAIA, IN AN AMOUNT NOT TO EXCEED $8,000.00
FOR THE PROVISION OF ADDITIONAL ARCHITECTURAL AND
CONSTRUCTION SUPERVISION SERVICE FOR THE BAYFRONT
PARK MANAGEMENT TRUST (TRUST) IN CONNECTION WITH
CAPITAL IMPROVEMENTS TO BE MADE TO THE MILDRED AND
CLAUDE PEPPER BAYFRONT PARK (PARK); ALLOCATING
FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT
PROGRAM, "BAYFRONT PARK IMPROVEMENTS", PROJECT NO.
331401.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
44 October 13, 1998
RESOLUTION 98-1000
A RESOLUTION, WITH ATTACHMENT(S), DECLARING AS
SURPLUS, AND APPROVING THE SALE OF TWO (2) CITY -
OWNED REAL PROPERTIES (THE "PROPERTIES") CONSISTING
OF APPROXIMATELY 5,750 SQUARE FEET, LOCATED IN THE
SPRING GARDEN NEIGHBORHOOD AT 776 NORTHWEST 11TH
STREET AND 777 NORTHWEST IOTH STREET, MIAMI, FLORIDA,
MORE PARTICULARLY DESCRIBED ON EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF, TO HABITAT
FOR HUMANITY OF GREATER MIAMI, INC., A NOT -FOR -PROFIT
CORPORATION, AS DEVELOPER, TO UNDERTAKE THE
DEVELOPMENT OF TWO (2) NEW SINGLE-FAMILY HOMES,
AFFORDABLE TO VERY LOW, AND LOW AND/OR MODERATE -
INCOME FAMILIES; ESTABLISHING $27,000 AS THE AMOUNT TO
BE PAID TO THE CITY OF MIAMI BY THE AFOREMENTIONED
CORPORATION FOR THE PROPERTIES BASED ON THE
APPRAISED VALUE; AUTHORIZING THE CITY MANAGER TO
EXECUTE A PURCHASE AND SALE AGREEMENT (THE
"AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM,
AND TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE
WITH THE TERMS AND CONDITIONS OF THE AGREEMENT,
WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS
MAY BE NECESSARY IN ORDER TO EFFECT SUCH SALE IN AN
EXPEDITIOUS MANNER.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
10.24 ACCEPT PLAT: MARITIME ARENA.
RESOLUTION 98-1001
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED MARITIME ARENA, A SUBDIVISION IN THE CITY OF
MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT
AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE
CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT;
AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
(Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.)
45 October 13, 1998
11. APPROVE SECOND READING ORDINANCE AMENDING CHAPTER 54 OF CODE ENTITLED
STREETS AND SIDEWALKS -- AMEND SECTION 54-,190, ENTITLED NONSTANDARD STREET
WIDTHS, BY ADDING WEST DRIVE," BETWEEN MATHESON AVENUE AND STEWART
AVENUE, IN COCONUT GROVE.
Vice Chairman Plummer: All right. We're now on Item 6. Item 6 regular agenda. Moved by Regalado.
Seconded by Sanchez. Is there anyone wishing to discuss Item 6? Read the ordinance. Call the roll.
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 AN EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting of September 8, 1998, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Regalado, seconded by Commissioner
Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11709.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
12. APPROVE SECOND READING ORDINANCE ABOLISHING TAX-EXEMPT PROPERTY
STEERING COMMITTEE.
Vice Chairman Plummer: Item 7.
Commissioner Gort: Move it.
Vice Chairman Plummer: Moved by Plummer. Seconded by Sanchez. Anyone wish to speak on Item 7?
Mr. Manuel Gonzalez-Goenaga: Yes.
Commissioner Regalado: Here. Got a question.
Vice Chairman Plummer: Mr. Teele. Mr. Regalado.
Commissioner Regalado: This committee apparently never met or...
Vice Chairman Plummer: Yes, it did, sir. It met for two years.
46 October 13, 1998
Commissioner Regalado: OK.
Vice Chairman Plummer: I was Chairman of the committee. We came to a stalemate that said, that unless
the legislature would change the regulations, which they had, which granted under State Statutes a so-called
Public Purpose, there was no way that this committee could continue to function and, as such, we asked it to
be sunsetted. We tried and tried in the legislature. Micky Canton is here, who got money to do a study and
it never went beyond the study. They would not remove it. It is an absolute disgrace to this community, that
profit -making businesses are, in fact, tax exempt and it's wrong but it happens and because of that, the
committee felt that they were actually just spinning their wheels and should go out of existence. Mr.
Boom -Boom?
Mr. Gonzalez-Goenaga: I love to see the final liquidation report.
Vice Chairman Plummer: Liquidation of what?
Mr. Gonzalez-Goenaga: Of this tax exempt property steering committee, the final report of the committee,
because you said -- you said...
Vice Chairman Plummer: I just gave it, sir.
Mr. Gonzalez-Goenaga: By word of mouth?
Vice Chairman Plummer: Yes.
Mr. Gonzalez-Goenaga: Well, when we organize this type of things and committee -- and coordinating
committee and committee for this, committee for the other one. The minimum they meet...
Vice Chairman Plummer: Mr. Clerk, would you reduce it to writing?
Mr. Gonzalez-Goenaga: ...they should have it in writing. Because this is...
Vice Chairman Plummer: Mr. Clerk, would you reduce it to writing? Give him a copy of it. Thank you, sir.
Call the roll.
Mr. Gonzalez-Goenaga: And mail it at home, via Express mail.
Vice Chairman Plummer: All right.
Mr. Gonzalez-Goenaga: Thank you.
Vice Chairman Plummer: Read the ordinance. Call the roll.
An Ordinance Entitled -
AN ORDINANCE ABOLISHING THE TAX-EXEMPT PROPERTY
STEERING COMMITTEE AND REVOKING ALL OF SAID
COMMITTEE'S POWERS, DUTIES, PRIVILEGES AND
FUNCTIONS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
47 October 13, 1998
Passed on its first reading, by title, at the meeting of September 8, 1998, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Plummer, seconded by Commissioner
Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11710.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
13. APPROVE SECOND READING ORDINANCE AMENDING CHAPTER 54/ARTICLE IX OF:
CODE, ENTITLED "STREETS AND SIDEWALKS/COCONUT 'GROVE SPECIAL EVENTS"
DISTRICT", -- PROVIDE THAT; CITY COMMISSIONER APPOINTED AS I EXOFFICIO
NONVOTING MEMBER OF THE COCONUT GROVE STANDING FESTIVAL COMMITTEE MAY
BE DESIGNATED BY CITY COMMISSION AS CHAIRPERSON.
Vice Chairman Plummer: Maybe when Jeb gets up there, we can get something done. Item 8, second
reading. Moved by Regalado. Seconded by Sanchez. Streets and Sidewalk in the Coconut Grove Special
Events District. Mr ... anyone wishing to discuss the issue? Mr. City Attorney, read the ordinance. 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.
48 October 13, 1998
Passed on its first reading, by title, at the meeting of September 8, 1998, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Regalado, seconded by Commissioner
Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11711.
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. Moved by Sanchez. Seconded by Regalado. Anyone wishing to discuss
Item 9?
Mr. Manuel Gonzalez-Goenaga: Yes.
Commissioner Gort: I do.
Vice Chairman Plummer: All right. Mr. Gort, you're first.
Commissioner Gort: Somebody explain this one to me. I mean, my understanding is, if you change-- you
want to change the name of an existing business, an existing operation, rather than twentyfive dollars ($25),
you want to charge them two fifty.
Mr. Juan Gonzalez (Chief Zoning Inspector): Juan Gonzalez, Building and Zoning. Actually,
Commissioner, we charge the 250 now but we do it based on square footage. This would just charge them a
one-time fee of the -- a minimum of two hundred and fifty.
Commissioner Gort: Same business?
Mr. Gonzalez: Same business, different name.
Commissioner Gort: All they're doing is changing the names?
Mr. Gonzalez: Correct.
Commissioner Gort: We're going to charge them two fifty?
Mr. Gonzalez: Correct.
Commissioner Gort: Besides -- you know, I got to tell you, I have to be against this. I think we have
enough charges, enough fees being paid.
49 October 13, 1998
Mr. Gonzalez: I believe this...
Mr. Alejandro Vilarello (City Attorney): Commissioner, I think that this ordinance tries to address that
issue. I believe that the procedure that the administration was following was charging the higher of
inspection fee and, in fact, this is a reduction in the fee that's charged by providing for a lower fee for a
change in transferring name, which was not in existence before for change and certificate of use.
Commissioner Gort: OK. My -- OK. Before, if you would do the same steps that we discussing right now,
you were to pay twenty-five dollars ($25) and what else?
Mr. Gonzalez: Well, no. The twenty-five ($25) went out long time ago. They would pay the two fifty, plus
whatever square footage they had. This will actually reduce it to a one-time fee of two fifty, regardless of
the square footage.
Commissioner Sanchez: It's a reduction.
Mr. Vilarello: This is a reduction and...
Mr. Gonzalez: It's actually a reduction.
Commissioner Gort: But the way I read it here -- the way I interpret it is, City Code provides that upon
payment of twenty-five dollars ($25), transfer fee of occupational license can be reissued new business
name.
Mr. Gonzalez: Well, I believe that's a transfer of the occupational license, not the Certificate of Use.
Commissioner Gort: The occupational license?
Mr. Gonzalez: Correct.
Vice Chairman Plummer: Can I ask a question? I'm catching hell from a little lady that's a friend of mine.
She has -- she works in a business. They have a multi -story building. I'm sorry, they're in a multi -story
building. I'm drunk already. Apple juice. Is it true that you charge a CO (certificate of occupancy) because
they are on, for example, the 8th floor and the 6th floor, they couldn't get the 7th floor and now they have to
pay two inspection fees, two occupational license fees, same company...
Commissioner Teele: What does that have to do with this issue?
Vice Chairman Plummer: Is it not in the ... it doesn't.
Commissioner Teele: I'm confused now, J.L.
Vice Chairman Plummer: I'm sorry, it does not. I guess I was asking the question. I'll get to it later. But I
need to get to that because it sounds ridiculous to me.
Commissioner Teele: Well, this is sort of confusing. I mean, it may not be, but is this a reduction and if it's
a reduction, how much is it — what's the annualized impact of this and if it has any annualized impact, where
is the budget analysis of this? Or is this just an incidental"onesie, twosie" that's...
Vice Chairman Plummer: Because obviously they're saying that it's a reduction.
Mr. Donald H. Warshaw (City Manager): It is a reduction.
Vice Chairman Plummer: And how much of a reduction, estimated?
Commissioner Teele: What's the budget impact of the reduction?
Mr. Gonzalez: We don't know the answer to that, Commissioner.
50 October 13, 1998
Commissioner Gort: You don't know because you know how many changes you're going to have.
Commissioner Teele: How many changes did you have last year?
Mr. Gonzalez: Well, changes in Certificates of Use, the name only, is about, I would say, probably about
thirty percent of our Certificates of Use.
Commissioner Teele: So, we're basically eliminating or reducing 30 -- an impact of 30 percent of this
budget line?
Mr. Gonzalez: Correct, we're reducing about a 30 percent reduction.
Commissioner Teele: Well, you see -- hold it.
Mr. Warshaw: But its not a 30 percent reduction in the dollars. Thirty percent of the licenses change hands
and, as a result of this change, as opposed to them paying a flat fee, plus square footage...
Commissioner Teele: I move that the item be deferred and that a budget impact...
Vice Chairman Plummer: Item 9 is deferred until the next meeting and the request of the Commissioner to
get a break down. We're now on empty...
Commissioner Teele: But this item needs a budget impact contained in the memorandum, please.
Vice Chairman Plummer: Motion to defer by Teele. Seconded by Gort. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposition?
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-1002
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 9
(PROPOSED SECOND READING ORDINANCE AMENDING CHAPTER II,
ARTICLE IV, DIVISION 2 OF THE CITY OF MIAMI CODE ENTITLED
"MARKED ADMINISTRATION, DEPARTMENTS, PLANNING, BUILDING
AND ZONING DEPARTMENT," TO ESTABLISH INSPECTION IN
SERVICE FEES FOR TRANSFERS OR CHANGES OF NAMES FOR
CERTIFICATE OF USE) TO THE NEXT COMMISSION MEETING;
FURTHER DIRECTING THE ADMINISTRATION TO PREPARE A
BREAKDOWN AND BUDGET IMPACT ANALYSIS REGARDING SAID
TRANSFERS OR CHANGES FOR SAID INSPECTION AND SERVICE FEE
CHARGES.
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.
51 October 13, 1998
Vice Chairman Plummer: We're now on Item 10. Item 10 is moved by Gort. Seconded by Regalado.
Anyone wishing to discuss Item 10? Mr. Dudik, for the record, your name and mailing address, please.
Mr. Michael A. Dudik: Name is Michael A. Dudik, 3239 West Trade Avenue, Miami, Florida. Issue is the
change in rules of the Marina Department, the dockage. Last meeting we were here with the Commission,
we were to meet with the City of Miami dockage master and also Christina Abrams. We finally did get a
meeting set up in reference to obtaining the dockage that we had been trying to now for the past nine
months. We were bluntly told right to our faces that we will not be given a dockage assignment. We will
not be given a dock slip at Miamarina.
Commissioner Teele: Who told you that?
Mr. Dudik: Was told in a meeting with Christina, Steven Bogner, Terry Buice and one of the City
Attorneys.
Commissioner Regalado: But who told you that?
Mr. Dudik: Ah, Christina Abrams.
Commissioner Regalado: OK.
Mr. Dudik: We were also told that it was being put in a newspaper to run for an add for the dockage
location, which is number one slip at the intracostal waterways, number one, which has already been done
and two people have applied for it and their answer to us was, we are putting it out for bids. We are going to
readvertise it and see if anybody's interested. And number three, they're changing the rules and regulations
of the Marina without regard to anybody that has applied under the existing rules of the City of Miami. A
big issue here, we have no idea what the new rules are. We haven't seen them. We don't know what they
are. They're trying to get a second approval today, from what I understand. We don't know what they are.
We don't know if they include any residents requirements, no guidelines of assignment, et cetera, et cetera.
Vice Chairman Plummer: All right. Hold tight Mr. Manager, it was my opinion-- and I'll let the others of
the Commission speak -- that we instructed the administration to sit with Mr. Dudik and come back with a
contract. Now, I'm not telling you -- and I didn't tell you then, nor was it my intent then to tell you that Mr.
Dudik can go in there and name his own terms and conditions. If you need a good contract, I'll give you the
one from gaming boat, which spells out pretty damn clear what is the obligation of the lessee and the lessor.
I don't know why this is even back here. I thought it was extremely clear that Mr. Dudik has had the shaft
of this City for any number of years and that we said to the administration do it; that we're not going to allow
it to happen again. Now, all I'm saying to you now, Mr. Manager, is that I'm willing to make a motion at this
time that that reiterated what we did before but it-- in no way, let it be -- don't let it be misconstrued, if he
owes the City any money, he's got to pay it before you even have a meeting with him, OK? It's going to be
spelled out exactly, the size of his boat, the hours of operation, how he'll pay in advance. I even have a
two-year rolling letter of credit with my gaming boat. They move tomorrow, I get two years of rent.
They're payable in advance. All of that has to be worked out. How many parking spaces or no parking
spaces are going to be involved. Every item has to be. But I'm telling you that as far as I'm concerned, this
man has served the purposes of this City on any number of occasions. He's done things for the Florida
League Cities, for every one of us here probably and, as far as I'm concerned...
52 October 13, 1998
Commissioner Teele: Nothing for me.
Vice Chairman Plummer: Nothing for you, OK.
Commissioner Regalado: Neither for me.
Vice Chairman Plummer: Excuse me. Just for the record, he got paid but he did a very fine thing for all of
these organizations. So, I'll let the rest of the Commission speak but at such time, that's my motion.
Commissioner Gort: Commissioner...
Vice Chairman Plummer: Mr. Gort.
Commissioner Regalado: I...
Vice Chairman Plummer: Mr. Gort.
Commissioner Regalado: Sure.
Commissioner Teele: Second the motion.
Commissioner Gort: I didn't have anything done either so... My understanding, when we were here the last
time, a plan was presented to us. We approved that plan and everyone would have to comply with that plan.
Also, people that comply with the plan, some payments and restrictions that we set for it in that plan ... if
they're already in it, they should have certain privilege. I think that's what we stated. This ordinance in front
of us, I don't see any problems with this ordinance here. One of the things that we talked about-- and I'm
not -- talked about the ordinance, due to his problem, he's got to go back. I don't think this has anything to
do with this ordinance.
Commissioner Regalado: It doesn't.
Commissioner Gort: My understanding is, this ordinance is, in a regular business operation, anybody can
come in the City of Miami and apply for a license. The only place where they were not allowed to do so
was in a Marina and I think that's ridiculous because I keep a lot of good people that could do business out
of this area, so I don't have any problem in moving this ordinance here. I agree with J.L., that I think we told
the staff go ahead and negotiate, set up and try to get the best deal for the City of Miami. Some rights
should be given to the people who already been there and establish -- as long as they comply with all the
new regulations.
Mr. Donald H. Warshaw (City Manager): And, Commissioner, that's correct.
Commissioner Gort: Now, my understanding is, my regulations that we approved in here, was a public
hearings, it was a booklet that everybody looked and everybody saw it. And that's why I voted on it.
Vice Chairman Plummer: Mr. Gort. Mr. Regalado.
Commissioner Regalado: Well, I really don't know what is going on here in terms of Mr. Dudik but I will
favor your motion, Mr. Vice Chairman. But, also, I think that there is another situation with that gentleman.
I met him in the Princess ceremony the other day and he had, apparently, a similar problem, like Mr. Dudik.
I don't know if he has met with the administration or not but if we're going to say resolve a situation with
him, we might as well say resolve the situation -- or try to resolve a situation with this gentleman. I really
think -- the only thing I know is that they're pressed for time; that there is -- they have some boats they have
to bring from up north and if they don't do it by November, then the river will freeze or something like that,
and then we won't be able to have them here, so I don't know what is your situation.
Commissioner Teele: He ought to keep the boats down here anyway, if he's up there in freezing weather.
Mr. Edward L. Sparrow: No, these are new vessels. New vessels.
53 October 13, 1998
Vice Chairman Plummer: All right. Well..
Mr. Sparrow: My name is Edward L. Sparrow. I have a holiday of magic charters. I'm at the Biscayne Bay
Marriott Marina. I live at 17...
Vice Chairman Plummer: You're speaking... hold it, sir. Are you speaking to the issue of the ordinance?
Commissioner Regalado: Yeah.
Mr. Sparrow: I am speaking to the issue of the ordinance. I am so confused, I just can't-- I mean, you need
to defer this because no one understands what's going on here. I mean, it's ridiculous. We cannot figure out
from Christine's plan what is going on. We want to bring vessels to Miami. We want to do business in this
City. Eighty-two percent of Bayside is empty. Forty-five vessels have come into this City and have failed.
This is ridiculous. We have -- the City -- we're trying to make it grow. We work in corporation industry.
We bring in nice dinner cruise vessels. We're trying to work with the City. Please give us a plan that we can
follow. Know what we have to do. Don't change the rules constantly. We don't know if you have to be a
resident of the City or a non resident of the City. We don't know -- we don't know how to operate. Please,
give us a plan. Like you said, J.L., give us a plan that we know what to do and don't change the rules so
many times that nobody can keep up with it.
Vice Chairman Plummer: OK.
Mr. Sparrow: That's what I say.
Vice Chairman Plummer: Mr. City Manager.
Mr. Warshaw: Mr. Chairman, at the last Commission meeting, regarding slip number one, you gave us
some very explicit instructions. The instructions were to negotiate the best deal for the City and if both deals
or more than two deals all came in for slip number one at the same revenue rate for the City, preference
should be given to City residents and/or Marina tenants and we're still on that course, intending to do that.
We have not changed.
Vice Chairman Plummer: All right, sir. Then my motion of today will clarify it even more so for you.
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Any other discussion? Mr. Teele.
Commissioner Teele: On the motion and on the ordinance. Mr. Attorney, does this ordinance require a rule
or an administrative order or anything? The issue before us is Item Number 10, the ordinance. I realize we
have a superseding motion by the Vice Chair, which I am going to support. But does this ordinance require
a rule? I'm just a little bit — I'm trying to respond to what the gentleman — the first gentleman said, that once
this is passed, there's going to be a rule and you don't know if there's going to be residency or what.
Mr. Sparrow: We haven't seen any new rules. We can't get a copy from City Clerk's office. We can't get a
copy from Marinas.
Commissioner Teele: Well -- but the question I'm asking is...
Commissioner Gort: (Inaudible).
Mr. Alejandro Vilarello (City Attorney): Commissioner, this ordinance simply repeals the references to
certificates of public conveniences, which requires residency requirements for anybody to do business with
the City and that repeals that. That is different from the plan that was reviewed and approved by the City
Commission at some prior meeting. I don't recall if it was last meeting or the before that.
Commissioner Teele: So, this ordinance and with the plan that has been approved by the Commission,
everything is out in the open and everything is exposed, is that right?
54 October 13, 1998
Mr. Vilarello: Yes, sir.
Commissioner Teele: And there will be no more RFPs (Request For Proposals) coming back, no more...
Vice Chairman Plummer: Shouldn't be.
Commissioner Teele: ... changes to anything? Mr. Chief Martinez is saying something. I really want to hear
from...
Mr. Terry Buice (Assistant Director, Department of Public Facilities): Well, except-- he's mentioning for
slip one. That was the one that was pulled back, with...
Commissioner Teele: With the exception of slip one.
Vice Chairman Plummer: That's...
Mr. Buice: With the exception of slip one. That's the number one slip in demand.
Commissioner Teele: So, why is this not clear to the industry?
Mr. Buice: Well, we have not -- this is supposed to be passed today and it will be clear once it is passed. No
other municipality city has this certificate, which is required.
Commissioner Teele: But why can't they read what's being proposed and understand it?
Mr. Buice: There was a whole public meeting, which you suggested. We went before the public,
Waterfront Board, had a public hearing...
Vice Chairman Plummer: Has anything been reduced to writing?
Mr. Buice: Pardon me?
Vice Chairman Plummer: Has anything been reduced to writing? Because the only thing this thing up here
today before us does is remove the residency.
Mr. Warshaw: There was a very...
Vice Chairman Plummer: So, I mean, the rules and regulations obviously, according-- Mr. Teele, should
have been reduced to writing, I would assume, that are available to the public.
Mr. Stephen Bogner (Marinas Manager): They were part of the economic development plan presentation,
sir. They were...
Vice Chairman Plummer: If somebody ask for a set of them, are they available?
Mr. Buice: Yes, they are.
Vice Chairman Plummer: OK.
Commissioner Teele: All right. Then what I would like to do is -- I don't know whether or not this
ordinance is going to go forward. Commissioner Gort said he would like to move it forward. I'm really
trying to respond to the fact that the industry is suggesting that there have been 45 failures of charter vessels.
Is that any where near true?
Mr. Buice: Well, I don't know it's the exact figure, but like there's been...
Commissioner Teele: Give me a round number.
Vice Chairman Plummer: Forty-four.
55 October 13, 1998
Mr. Buice: I really don't know. We haven't had the marina going back that --
Mr. Warshaw: There have been failures, Commissioner...
Mr. Buice: -- going back that far. There have been failures but there's been many failures even at Bayside
itself, as well. Some of the boats just would not work there.
Commissioner Teele: I mean, but you all just conducted this workshop. I mean, we sure as got, at this
point, a proposing ordinance and a plan. We at least know what's happening in the industry, don't we?
Mr. Warshaw: There have been failures and that's the reason why, at your direction, we came up with the
business plan to hope, in the future, that will avoid failures and do things the proper way so...
Commissioner Teele: And that business plan was approved by the Commission?
Mr. Warshaw: Yes, sir.
Commissioner Teele: And it's available to the industry.
Mr. Warshaw: Yes, sir.
Commissioner Teele: So, what's the problem?
Mr. Dudik: Where is it?
Commissioner Teele: Where's what?
Vice Chairman Plummer: All right.
Commissioner Teele: I just would like to know, what is the problem that the industry has?
Mr. Sparrow: I have a proposed amendment to the Miami City Code. However, at the last City
Commission meeting there were amendments to it, there were changes in it and nothing has ever been
rewritten and resubmitted.
Mr. Warshaw: No, that's not correct, Mr...
Vice Chairman Plummer: All right. Let's don't get into a hassle. All right. Mr. Gort moved. Mr. Gort
moved the ordinance and seconded by Regalado. Boom -Boom, what do you got?
Commissioner Regalado: Wait, wait, wait. I understand that we need to move forward with this but if we
go ahead with the ordinance today, we are not going to resolve this situation of these people and they have
been clients of the city...
Vice Chairman Plummer: That's a second motion, Mr. Regalado.
Commissioner Regalado: I know it's a second motion but, you know, once it's done, they're going to say,
well, you got to play by the rules and if they don't like it, you can just go ahead. I don't know why he was
told that they couldn't get it. That what they wanted, they can't get it and they wanted to put it out to bid. I
don't understand that.
Vice Chairman Plummer: Mr. Regalado -- excuse me, excuse me.
Commissioner Gort: Commissioner Regalado, it's very simple. All we have to do is amendment that
anybody that has business with the City of Miami should have preference, everything being equal.
Commissioner Teele: Is that in this ordinance?
56 October 13, 1998
Commissioner Gort: We can amend it and put it there.
Mr. Vilarello: No, sir, it is...
Commissioner Teele: I don't know if you can. You've got a title problem.
Mr. Vilarello: It is in the motion that — where you approved the plan. At this last meeting you accepted slip
one with instructions.
Vice Chairman Plummer: That's already there.
Mr. Warshaw: Slip one, you directed us to ensure that City residents and/or marina tenants get preference if
all of the things are equal.
Vice Chairman Plummer: All right. You heard Mr. Teele and I'm sure the rest of us are in concurrence, that
City residents get priority but it be open to everyone, period, amen. As long as we protect home folks first
and foremost, I think it's great.
Commissioner Sanchez: Move.
Vice Chairman Plummer: No, you can't move it because Mr. Gort did.
Commissioner Sanchez: I'll second it.
Vice Chairman Plummer: No, you can't because Mr. Regalado did.
Commissioner Sanchez: Well, then let's vote on it.
Vice Chairman Plummer: Would you like to vote on the issue?
Commissioner Sanchez: Well, let's vote on it. What do I, spend all day on this one?
Vice Chairman Plummer: All right. Mr. Boom -Boom, I'm sure we're going to get fiction and fact.
Mr. Manuel Gonzalez-Goenaga: Well, let ... no, you're going to get another input from a person who is
supposed and allowed to speak according to the first amendment rights of the Constitution of the United
States of America. You want more? Let me tell you. Mr. Sparrow, let me tell you, I am not surprised at
what you said because I have been coming here since 1990 and I don't think I am so stupid as many people
think and I do not understand many things that happen here.
Vice Chairman Plummer: Excuse me. Mr. -- you're not speaking to the issue. Speak to the issue.
Mr. Gonzalez-Goenaga: The issue is that I remember when Casey Stangle (phonetic) told the Mets...
Vice Chairman Plummer: Speak to the issue.
Mr. Gonzalez-Goenaga: ...hey, guys, do you know how to play this ball game? And this is happening to
this administration, to previous administration and it's about time to clear up the barn.
Vice Chairman Plummer: Mr. Clerk.
Mr. Gonzalez-Goenaga: I'm still available.
Vice Chairman Plummer: Mr. Clerk, in the future, when I give you the hi sign, when he does not speak to
the issue, I will ask you to cut off the microphone and make him either speak to the issue or let him sit down,
and I would hope the TV camera would stop showing him so that he would not be continuing to do this.
Now, sir, your name and mailing address for a brief comment.
Mr. Don Holcomb: OK. My name is Don Holcomb. I'm at 1555 Southeast 15th Street, Number 416.
57 October 13, 1998
Again, Commissioners, I've been here several times. I represent A Biscayne Cruise Lines. I'm the
hospitality director. I was also at that meeting with Mr. Dudik. The thing I want to speak to now is, we
were told that neither of us were getting this slip. They ran an add six months ago or so in the paper
advertising these slips. A Biscayne Cruise Lines did apply for that with the old certificate of convenience.
Now, as I understand it right now, we're back to -- I'm going to walk into another meeting and they're going
to say, let's advertise it again and, as long as you're a City resident, we're going to go-- we're going to have
the same meeting we just had two weeks from now and we're going to come back a month from now and
we're not going to have a slip.
Vice Chairman Plummer: Not on slip one?
Mr. Holcomb: Not on slip one.
Vice Chairman Plummer: No. Slip one is going to Mr. Dudik. We've said that. We're going to say that in
the form of a motion. Now, other slips that you might want to apply for...
Commissioner Teele: Wait, wait, wait. You've got the Manager saying something different now.
Mr. Warshaw: Commissioner, unless you change what happened at the last meeting, you directed us again
that Mr. Dudik or any other City residents -- resident would get preference on negotiations with slip one, if
the revenue stream was the same and it's out for a competitive process.
Vice Chairman Plummer: Well, you know, I understand what you're saying and the only thing that I could
agree to because, as far as I'm concerned, he's entitled to it but I'll tell you what 1 should say just to make it
legal, OK, whatever is the highest and best bid, if he's willing to match it or better.
Commissioner Sanchez: Amen.
Mr. Holcomb: But now the -- excuse me, sir. The Miamarina, we've gotten the paper on what they charge
per square foot for their slips. So, now it's just going to go out and the bidding process could just escalate
to...
Vice Chairman Plummer: No, because they've already put out an RFP and they've already had people apply
under the RFP, is that correct?
Mr. Bogner: No, sir, there's no RFP out. There was a notice to interested parties.
Vice Chairman Plummer: Was there a deadline?
Mr. Bogner: The notice went in Miami Herald May 25th.
Vice Chairman Plummer: But was there a deadline as to...
Mr. Bogner: No, there was not.
Vice Chairman Plummer: There was not. All right. So, obviously, on slip number one, there's going to
have to be another ad or some kind of notice to the public so that, in fact, there be a bidding procedure with
the opt that said that if Mr. Dudik wishes, that he is either the high bidder or is willing to match the high
bidder and that he would be the recipient of slip one. Is that understood?
Commissioner Sanchez: Understood.
Mr. Warshaw: Yes, sir.
Mr. Dudik: I'm a little confused now.
Vice Chairman Plummer: Join the crowd.
Mr. Dudik: We're taking...
58 October 13, 1998
Commissioner Sanchez: Hey, all we're doing is spinning our wheels here
Mr. Dudik: We're taking one slip -- one particular slip that flows under the same rules and regulations of the
City of Miami and putting it out for a special RFP bid. That's totally discriminatory and prejudicial. It's
can't be done.
Commissioner Sanchez: Put them all.
Vice Chairman Plummer: Well, we can -- well, actually all of them are going out but we're speaking to the
issue of the discussion in relation to slip one.
Mr. Dudik: All right. They gave out a price per foot, Florida slips. We've agreed to pay the price per foot,
per slip. We applied for every single rule and regulation you could possibly get some and every excuse they
could come up with we've satisfied. But the problem is -- and I think it's a very serious problem -- now
they're changing the rules and regulations, eliminating certificate of conveyances, and saying we're going to
put one slip -- out of a whole City of Miami, we're going to take this one slip and put it out for RFP bid. I
don't think that's legal. And the attorney would have to touch base on that.
Vice Chairman Plummer: I think we're going to do them...
Commissioner Gort: Do them all.
Vice Chairman Plummer: We're going to do them all.
Commissioner Gort: You want to make it legal...
Vice Chairman Plummer: We're going to do it all. We're only addressing slip one for this particular time
because we feel we're trying to right a wrong.
Mr. Vilarello: Commissioner.
Vice Chairman Plummer: Sir.
Mr. Vilarello: The -- I'm sorry.
Commissioner Teele: Mr. Chairman, I think it is imperative that if there's going to be this kind of process --
and I'm now beginning to understand what the industry's concern is and I would only ask that we put a
footnote right here and think about where we're talking about going with these development deals that the
Mayor and others have been talking about we're going to -- you know, I'm not sure we're staffed...
Commissioner Gort: Well, let's hear from staff.
Commissioner Teele: I'm not sure we're staffed to do these kind of things because if you've got a notice out,
it's got to have an ending date. Otherwise, it's almost like asking them to submit a bid, then you're inviting
people to match what he's done and now you're saying he gets to match...
Mr. Buice: Commissioner, this was not an RFP, which means...
Vice Chairman Plummer: Excuse me. The Commissioner has the floor.
Commissioner Teele: I would hope that we would move today to instruct the management to advertise slip
one and to have a 10-day cycle to receive bids or proposals and that it have some degree of finality;
otherwise, this is going to go on. And then I would support everything that you're saying, that the incumbent
shall have the right to match the best offer.
Vice Chairman Plummer: OK. That's the motion. I second the motion. Is there any further discussion on
that motion, which is a resolution? That motion. We'll get to-- we'll come back to 10.
59 October 13, 1998
Commissioner Gort: OK.
Vice Chairman Plummer: OK. All in favor, say "aye".
The Commission (Collectively): Aye.
Vice Chairman Plummer: All Opposed? Show unanimous.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 98-1003
A MOTION INSTRUCTING THE CITY MANAGER TO ADVERTISE SLIP
NUMBER ONE IN MIAMARINA FOR BERTHING OF A PRIVATE VESSEL
AND DOCKING AGREEMENTS; FURTHER STIPULATING THAT A 10-
DAY CYCLE BE ALLOWED TO ACCEPT ANY AND ALL BIDS AND/OR
PROPOSALS; FURTHER PROVIDING THAT THE INCUMBENT BE GIVEN
THE RIGHT TO MATCH THE BEST OFFER.
Upon being seconded by Commissioner Plummer, 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: Now, on Item 10, which is merely to say, City residents have priority but it is
open to the general public. Moved by Gort. Seconded by Regalado. And read by the City Attorney. Call
the roll.
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.
60 October 13, 1998
Passed on its first reading, by title, at the meeting of September 8, 1998, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Gort, seconded by Commissioner
Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11712.
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 11.
Mr. Vilarello: Commissioner Plummer?
Commissioner Teele: Mr. Vice Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: I would like to understand from the gentleman who has a ship from Minneapolis --
that's in the Great Lakes, are you satisfied? Do you understand what we've done and does this help get your
ships out of the Great Lakes before the freeze?
Mr. Sparrow: What I'd like to know is then, what will happen with the rest of the marina? You've issued a
bid situation on one.
Vice Chairman Plummer: We're expecting you to fill it up, sir.
Mr. Sparrow: I beg your pardon?
Vice Chairman Plummer: We're expecting you to fill it up.
Mr. Dudik: You know, could I touch base on that, Arthur? The boats that we operate, operate in
multi -cities, OK. Right now we have the Celebration. The original Celebration is sitting in Milwaukee
operating. We're actually flying up there Thursday to bring it down. Without a slip, without a place to put
it, you can't bring it down to Miami. There's no place to put the boat. Secondly, November 1st --
unfortunately, we don't have the problem down here but the Mississippi River freezes. We cannot travel on
the Mississippi after November 1 st. The locks are shut down. We are locked out. This is why the process
that we have gone through, starting from January of this year, was to make plans for this season and now
we're just dragging it out after running the ad, after applying, and after scenario, scenario.
Vice Chairman Plummer: All right, all right. Understand, is there a way that we can give him a temporary
residency for 90 days?
Commissioner Teele: For a hundred and eighty days.
Vice Chairman Plummer: Hundred and eighty days. At going rates. Is that possible?
Mr. Warshaw: We'll talk to him, Commissioner. I don't know all the details off the top of my head
61 October 13, 1998
Vice Chairman Plummer: If you can't do it, bring it back on the 27th.
Mr. Warshaw: OK.
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: And I would ask that -- I would move that the management bring back the revised
plan that we approved, printed, documented, without any...
Vice Chairman Plummer: Which will be available to the public.
Commissioner Teele: So that it is available for the public and it's distributed at the next Commission
meeting.
Vice Chairman Plummer: Thank you. Mr. City Attorney, you have an item on 11?
Mr. Dudik: One quick question, J.L. When does this 10-day start?
Commissioner Teele: It takes three days to get noticed in the paper, doesn't it?
Vice Chairman Plummer: Yes, at least.
Mr. Dudik: So what is our starting day of the 10 days?
Vice Chairman Plummer: Ten days after the ad appears, then you'll know. Keep reading the paper.
Commissioner Gort: You call their office and they'll let you know. You call the City Clerk and they'll let
you know.
Mr. Dudik: Well, what I'm trying to get to, they could...
Vice Chairman Plummer: You can call the Clerk.
Mr. Bogner: We will certainly notify all interested parties, in addition to posting the public notice. We have
a good idea who the interested parties are right now.
Vice Chairman Plummer: OK. Mr. City Attorney.
Mr. Alejandro Vilarello (City Attorney): With regard to Item 11, there are some changes that we've been
working on and if the Commission would allow this to be deferred until after the lunch break?
Vice Chairman: Absolutely
[NOTE FOR THE RECORD: ITEM 11 WAS DEFERRED.]
62 October 13, 1998
Vice Chairman Plummer: Item 12, second reading. Administrative, Enforcement and Boards Committees
and Commissions. Moved by Plummer. Seconded by Gort.
Mr. Manuel Gonzalez-Goenaga: Excuse me.
Vice Chairman Plummer: Mr. Boom -Boom.
Mr. Gonzalez-Goenaga: Well, I want a clarification. On Item 11, this is a public hearing on the second
reading ordinance.
Vice Chairman Plummer: Sir, it's been deferred. It has been deferred. Mr. Clerk, cut the microphone.
Mr. Gonzalez-Goenaga: Could I say something?
Vice Chairman Plummer: We'll see you this afternoon.
Mr. Gonzalez-Goenaga: About -- no, about...
Vice Chairman Plummer: Item Number 12.
Mr. Gonzalez-Goenaga: Well, I'm going to speak on 12.
Commissioner Teele: Mr. Chairman?
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Item 12 refers also to an item that's on the agenda and I understand the letter went out
inviting the Code Enforcement Board to be here at ten o'clock.
Vice Chairman Plummer: All right, sir. Do you wish to defer Item 12?
Commissioner Teele: No.
Commissioner Regalado: No, we have a member here.
Commissioner Teele: I wish we could have taken it up at 10:00, since we told them to be here at that time.
But what's the item number?
Ms. Teresita Fernandez (Chief, Hearing Boards): It's Item Number 49. And the Code Enforcement Chair is
here.
Commissioner Teele: OK.
Ms. Fernandez: So is one of the members.
Commissioner Teele: Mr. Chairman, I would like to bring up 49 and this item at the same time.
63 October 13, 1998
Vice Chairman Plummer: Now or this afternoon?
Commissioner Teele: Now. We -- the people have been here all morning.
Vice Chairman Plummer: Sir, I'm only asking. The item is brought up in companion.
Commissioner Regalado: Now. Now.
Vice Chairman Plummer: OK.
Commissioner Teele: Now --
Vice Chairman Plummer: Item 12 is now before us. Who is it that wishes to speak on the issue?
Mr. Gonzalez-Goenaga: I.
Vice Chairman Plummer: You're after all of the others. Angel.
Mr. Angel Gonzalez: Yes, sir.
Vice Chairman Plummer: You wish to speak on the issue?
Mr. Gonzalez: Well, I don't know. We received a letter from Commissioner Teele to be present here today,
this meeting.
Commissioner Teele: I didn't send a letter.
Vice Chairman Plummer: Mr. Teele, you invited them for the purpose of...
Commissioner Teele: Did I? I didn't send a letter.
Mr. Gonzalez: Yes, sir. We received a letter from Teresita Fernandez, which says you requested our
presence here today.
Commissioner Teele: I didn't send the letter.
Mr. Gonzalez: Teresita Fernandez did.
Commissioner Teele: OK.
Mr. Gonzalez: By your request.
Commissioner Teele: It was a Commission request.
Commissioner Regalado: Absolutely.
Commissioner Teele: It was a request in the Commission that was approved by the Commission. There is
no back up contained in this agenda item and I want to apologize. Because it's my understanding that a letter
went out from the Manager's Office or the board that invited you to be here at ten o'clock(10:00).
Mr. Gonzalez: Well, the letter -- I have -- unfortunately, I didn't bring a copy of the letter but it says, "by
request -- by Commissioner Teele's request...
Vice Chairman Plummer: Well, I'll read it into the record.
Mr. Gonzalez: ..."your presence is required."
Vice Chairman Plummer: A memo from Teresita Fernandez to all Code Enforcement Board members,
August 19th. City Commission Meeting, October 13. "This is to inform you that Commissioner Teele has
64 October 13, 1998
requested your presence at the October 13, '98 City Commission Meeting, beginning at 10 a.m., to discuss
the Code Enforcement Board's effectiveness.
Commissioner Teele: Who does Ms. --
Vice Chairman Plummer: "If you have any questions, please contact me at the following phone number."
Commissioner Teele: Who does Ms. Fernandez work for?
Vice Chairman Plummer: She's standing here in front of you in the...
Ms. Teresita Fernandez: I'm Mrs. Fernandez.
Vice Chairman Plummer: ...bright orange.
Commissioner Teele: Who do you report to?
Ms. Fernandez: I report to Dena Bianchino and to the City Manager.
Commissioner Teele: Or the Assistant City Manager?
Ms. Fernandez: Yes, sir.
Commissioner Teele: Well, Mr. Manager, in the future, would you try very hard to ask your Assistant
Manager to ensure that, if they send out a letter like this, that it is agenda properly and at that time so that it's
not going out on your letterhead basically saying be here at 10 and that it's Item Number 49, so that whoever
is requesting this doesn't look like a total jerk?
Vice Chairman Plummer: Well, it doesn't say it starts at 10. It says the meeting starts at 10, not that their
appearance would be at 10.
Commissioner Teele: Well -- but the agenda doesn't say any of this and that's what I'm trying to get to.
Vice Chairman Plummer: I understand.
Commissioner Teele: Is that the agenda should reflect that there is a request for a meeting and it should
have brought the item up earlier. Now, my issue is very simple.
Vice Chairman Plummer: OK.
Commissioner Teele: We have been going back and forth, individually -- who's the attorney for the Code
Enforcement Board?
Mr. Gonzalez: Bucelo.
Vice Chairman Plummer: Armando.
Mr. Gonzalez: Armando Bucelo. He's not here because, once again, we were notified that this item was
number 49 on the agenda and he -- you know, he set off this afternoon for -- to attend this meeting. So, you
know, I'm here because I decided to come early and see what was happening. I saw another item that had to
do with Code Enforcement on the agenda. That's why I'm here. And also, Jacqueline Cotarelo, who's also
here, who's a member of the board.
Vice Chairman Plummer: Mr. Teele, if I --
Commissioner Teele: I just hope that the Commission takes note of the agenda issue here because I'm
telling you, this agenda is not -- this agenda really need to be coordinated. And I want to apologize to you
and Mr. Bucelo and other members of the board. Are there any other members that are here? I had nothing
to do with the letter or the agenda.
65 October 13, 1998
Vice Chairman Plummer: All right. Mr. Teele, if I may, on this particular item. Because it is one that I
brought up in lot clearing abandoned automobiles and other things that I've ordered to have. It is fully
understood that the administrative costs of creating a board, if we do, would come from the same funds that
is being put forth for the administration and for the blighted area from Community Development. Now, are
we ready to move on 12? Anybody got a problem with 12?
Commissioner Regalado: I've got a question.
Vice Chairman Plummer: I moved it. All right.
Commissioner Regalado: Of the members of this second board could be or will be the same members of the
first Code Enforcement Board?
Vice Chairman Plummer: Could very easily be, yes, sir.
Commissioner Regalado: OK.
Commissioner Teele: Why do we need another board? I'm willing to do-- I just need to understand.
Commissioner Regalado: That is what I was going to ask.
Vice Chairman Plummer: If we create a board, Mr. Teele, we are anticipating that we're going to have an
awful lot of violations. We're going to have an awful lot of tickets being issued for lot clearing, abandoned
automobiles, illegal dumping, unsafe structures and, as such, Code Enforcement Board is almost fulltime
what they do now and they have full agendas. What I'm saying is, I don't want to overload their present
agendas with the fact that if we have a board that would only speak to those issues that I've outlined.
Commissioner Sanchez: Mr. Vice Chair?
Commissioner Teele: J.L.?
Commissioner Sanchez: Definitely, this is one of the hardest working boards that we have here in the City.
We're going to be way, way overly booked on a lot of the items that come in front of the board, that appear
several times.
Vice Chairman Plummer: Absolutely.
Commissioner Sanchez: And I see that they are way, way overly -- I mean, with all the items that are
coming up, it's a great idea. This board, without a doubt, is going to be self sufficient. It's going to generate
money for this City. I mean...
Vice Chairman Plummer: Primarily.
Commissioner Sanchez: ...why wouldn't we support this? I would like to hear from the board members of
what their opinion is on this matter.
Commissioner Teele: I agree.
Commissioner Sanchez: Now --
Mr. Gonzalez: We're -- you know, we're discussing the efficiency -- I think that was the question -- the
efficiency of the Code Enforcement Board. Some reports that are requested from Teresita Fernandez shows
that in 19...
Vice Chairman Plummer: No, no. Excuse me. Angel?
Mr. Gonzalez: Yes, sir.
66 October 13, 1998
Vice Chairman Plummer: First and foremost, we're talking to Item 12. We'll go to the other item as
requested by Commissioner Teele. Speak to the creation now of a second board for those purposes that
have been outlined.
Mr. Gonzalez: I don't think it will be necessary to create a second ... that's my personal opinion. I'm talking, I
think, for most of the Code Enforcement Board members.
Commissioner Sanchez: Wait. Wait. Angel, do you feel or do you think it's a good idea or a bad idea to
create another board?
Mr. Gonzalez: I don't think it's necessary to create another board and create more expenses, you know.
We've been handling the cases. All we need to do is to make sure that we have -- the agenda is, you know,
is more or less the same type of agenda. We had a problem, -- I made a motion on one of our meetings that
it will be more appropriate if our meetings could be conducted at night so the people would have more time
to attend the meetings and also we will be able to devote more time to the hearings.
Vice Chairman Plummer: Mr. Sanchez, for your edification --
Commissioner Sanchez: Yes, sir.
Vice Chairman Plummer: -- we're looking at almost 1100 cases that are actually, potentially going to be
before the board. This is in lot clearing.
Commissioner Sanchez: Well, all that I'm interested in, Mr. Vice Chair, is...
Vice Chairman Plummer: And I just don't think that this one board— we are trying right now -- and we are
working with the City Attorney's Office— where, in the past, it has taken 45 days or more from the time we
told somebody to clean their lot or we were going to do it for them. We are now working down towards 16
days. We cannot do it if we go before a Code Enforcement that presently is sitting there and has other
important items rather than clearing a dirty lot. And that's the only reason we talked about creating a second
board.
Commissioner Sanchez: Mr. Vice Chair, my only concern here is simple. One is that this board that we are
about to create, if it does get passed here, is that it's self sufficient and that it creates recurring revenues for
the City. That's all I care about this board.
Vice Chairman Plummer: That's why we added it and you voted for that there would be a minimum fee of a
hundred dollars ($100) or twenty percent, whichever was greater.
Commissioner Sanchez: But, once again...
Vice Chairman Plummer: You've already voted on that.
Commissioner Sanchez: I would like to ... ... hear from Jackie on this matter.
Ms. Jacqueline Cotarelo: Hi. I'm Jackie Cotarelo Echargarrua. I wanted to let you know that also on the
last hearing, Angel, we were there for a long, long time. So I think, if you're going to go ahead and have
something that you want very quick Code Enforcement, I think— yeah, I think -- that's my opinion. I haven't
talked to any of the other board members, but I think it would be a good idea.
Vice Chairman Plummer: They would be limited.
Commissioner Teele: Mr. Chairman?
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, look, I think one of the most creative things that is being done to help
this City is the effort that you're undertaking to clear up lots, to do lotting. And I think, you know,
obviously, as the Commissioner who is leading this, I want to give deference to how you want to do it. But
67 October 13, 1998
let's just look at this for a minute. The budget director is estimating that it's going to cost sixty thousand
dollars ($60,000) to start a new board.
Vice Chairman Plummer: That's correct.
Commissioner Teele: What is there to argue about in a lot clearing? I mean, let's look at this. We're not
talking about structures now. We're talking about lots. The lot is either overgrown or its not. It either is
overgrown to the minimum level. It would seem to me that what we could do is create a section of this
board that may require less than the full nine members, that could hear, you know— say, we could create
three panels, three lot panels -- three lot clearing panels. You got nine members. It's nothing written that
you've got to have nine people to hear this thing. We could have three panels of three people on lot clearing.
Vice Chairman Plummer: Mr. Teele, I have no objections to that but we are addressing buildings. We're
going to be addressing unsafe structures. We are going to be hopefully a process is what you required and I
concurred with in sanitation, that people have a right to contest and have someone hear their case and that's
why it was given some thought to having a second Code Enforcement Board. I'm looking at a number of
people that are going to object, that they're not going to do. You know, we're starting out...
Commissioner Teele: But, J.L., on lot clearing. This is about lot clearing.
Vice Chairman Plummer: No, no, no. It's lot clearing, abandoned automobiles, illegal dumping and unsafe
structures.
Commissioner Teele: No. The new... the existing board handles unsafe structures.
Vice Chairman Plummer: They can but they haven't done a good job on it. That's my particular point. I
have...
Commissioner Teele: Then why don't you fire the board then if they haven't done a good job on it?
Vice Chairman Plummer: Ah, you listen. You want to hear my complaints about that board for a long time,
I'll sit here and give you a half-hour of education on it.
Commissioner Teele: But, J.L., I don't think -- I think the worst thing we can do now, if something is not
working, is create something else. Because the problem is going to be, you've left something still not
working. I got about four phone calls about the last Code Enforcement Board, where they just let somebody
walk out. And I understand the person maybe had handicaps and disabilities, but they let somebody walk
out and didn't even cover... didn't even require that the administrative costs be recovered.
Vice Chairman Plummer: It's done all the time. They have now what they call— and I thought it's really
quaint -- the Code Enforcement Board has come up with a 30-day carrot. Now, you try to figure out a
30-day carrot, which is they're going to put a carrot in front of these people to go out and give them 30 days
to try to catch the carrot to make Code Enforcement what they need to be done. You know, I have said from
time and time again...
Commissioner Teele: That is illegal. They don't have that authority. They're there to hear the cases.
Vice Chairman Plummer: Well, you better tell them they don't have that authority.
Commissioner Teele: They're not there to write legislation. Is that...
Vice Chairman Plummer: They're only there...
Commissioner Teele: J.L., hold on one minute. Mr. Attorney, do they have that authority?
Mr. Alejandro Vilarello (City Attorney): They have the right to find someone either out of violation or in
compliance with the Code and then assess a fee not to exceed two hundred and fifty dollars ($250)...
Commissioner Teele: But do they have the authority to go out and start creating new legislation on how to
68 October 13, 1998
Mr. Vilarello: I'm not aware of what Commissioner Plummer is talking about, but I will look into it and
confirm. I'm not aware of any other authority that they have, other than...
Commissioner Teele: J.L., if we've got a problem with this board, then let's &Commission the board, put
in a new board. But I tell you, I think the worst thing we can do now is to create a second board because the
first board isn't working, and wind up creating an additional sixty thousand dollars ($60,000) of costs and
expenses. And I've got to tell you, J.L., I hear what you're saying but a lot is either overgrown or it's not.
And you've got a picture...
Vice Chairman Plummer: Simple.
Commissioner Teele: You've got a picture and -- I mean, this is something you can almost hear with one
person, as far as I'm concerned. You know, you could have one hearing officer to do this.
Vice Chairman Plummer: I agree with that.
Commissioner Teele: You don't have to have a board and nine people to determine whether or not a lot is
overgrown or a car is abandoned. There's no -- I mean, it's -- either it is or it isn't.
Vice Chairman Plummer: Mr. Teele, it is my understanding in Code Enforcement that they are only there
for one purpose: Is the person guilty or not? They give them 60, 90 years to come into compliance. You've
got cases that go back to '95 and '96 that are before them today. To me, they don't exercise the clout that
was given to them by the State Statutes. Either they're going to assess fees and make those fees stick or
they're going to continue to be laughed at. I'm saying to you, this Commission said to them,"On the fourth
month of nonpayment, file for foreclosure." We passed that here. Am I correct, Mr. City Attorney?
Mr. Vilarello: There is a procedure for foreclosure.
Vice Chairman Plummer: In the fourth month?
Mr. Vilarello: Yes.
Vice Chairman Plummer: OK. How many have been done?
Commissioner Sanchez: Mr. Vice Chair, may I have the workers?
Mr. Gonzales: Vice Chairman, may I have a word, please?
Vice Chairman Plummer: No, I'm asking the City Attorney. How many have been filed?
Mr. Vilarello: I don't know. We do have a problem with Homestead Exemptions with regard to
foreclosures with regard to foreclosures.
Vice Chairman Plummer: Little or none. OK. The people walk out the door and laugh at the Board.
Commissioner Teele: Then let's move to do -Commission this Board and let's re -- J.L., let's -- the worst
thing we can do is create a second board because the first board isn't working properly. Let's figure out all
the problems.
Vice Chairman Plummer: All right. I tell you what.
Commissioner Teele: De -Commission this Board. Let's have two or three panels to hear lot clearing. Let's
don't require that it go before a nine person board.
Vice Chairman Plummer: There is your answer.
Commissioner Teele: We can have three people to do that.
69 October 13, 1998
Vice Chairman Plummer: There's your answer.
Mr. Gonzalez: Commissioner Teele, before...
Mr. Vilarello: Commissioner, could I address one issue for the Commissioner?
Mr. Vilarello: Commissioner, could I address one issue for the Commissioners?
Vice Chairman Plummer: Mr. City Attorney.
Mr. Vilarello: State Statute authorizes these boards. They must be -- for a city this size, they must be seven
member boards. You do have an alternative enforcement procedure, which is a ticketing method which
appeals are heard before hearing Special Masters. That's an alternative to the enforcement process.
Commissioner Teele: J.L., that's a much cleaner process.
Vice Chairman Plummer: OK. Look, I'll move that this item be deferred at this time and we'll go back to
the City administration to come back to this City Commission with a procedure trying to accomplish what
we're trying to accomplish. And I would like, Mr. City Manager, that you use Raul in your thinking because
he sits with me on that board and if you don't come back, you can have this Chairman's resignation because
either we're going to do something -- I mean or we're going to get off. OK. The item is now deferred.
Mr. Gonzalez: Chairman Plummer, I would like to have the opportunity to address because you have made
some serious allegations against the board members and the board, OK.
Vice Chairman Plummer: I'll give you...
Mr. Gonzalez: And I cannot stand here and let you do that without answering to, you know, your
allegations. OK.
Vice Chairman Plummer: Angel, I don't think it's serious accusations.
Mr. Gonzalez: You should know how much money we have collected in the two years. The board
members of this board, OK, have been in that position for two years and whatever happens five years ago or
10 years ago is not our fault. We're listening to cases, OK, that originated back in 1990. In 1990 we were
not members of that board. If the administration has taken six years or eight years to bring these cases
before us, then it's an administration problem. It's not the Code Enforcement Board, OK.
Vice Chairman Plummer: Angel, in two -- two months ago...
Mr. Gonzalez: That's something -- another problem that we have --
Vice Chairman Plummer: Whoa, whoa, whoa. Now, let's just talk to that.
Mr. Gonzalez: Excuse me, excuse me. Because you are making...
Vice Chairman Plummer: Two months ago you had a case in front of you where the fine imposed was
forty-four thousand dollars ($44,000). The City Attorney recommended to your board to reduce it to 29.
The board voted for five. Do you --
Mr. Gonzalez: Well, because...
Vice Chairman Plummer: Five thousand dollars ($5,000).
Mr. Gonzalez: The way we look at it is this way.
Vice Chairman Plummer: Wait a minute. Let me finish.
70 October 13, 1998
Mr. Gonzalez: OK.
Vice Chairman Plummer: Do you think for one minute that that person who walked out that door respected
what you did? They respected their wallet.
Mr. Gonzalez: I think they did.
Vice Chairman Plummer: Now, all I'm saying to you is, until the Code Enforcement starts using the clout
which was given to them by State Statute, it's a joke. It's a joke. You cost us a million dollars ($1,000,000)
a year to operate.
Mr. Gonzalez: No, we don't cost you anything. Code Enforcement inspectors may cost you a year but we
don't cost you anything, OK. We're volunteers. We don't get a penny for our work, OK, and for our hours.
And one thing that...
Vice Chairman Plummer: I'm going to wrap it up with you.
Mr. Gonzalez: Excuse me, excuse. me.
Vice Chairman Plummer: With two minutes.
Mr. Gonzalez: OK, two minutes, fine.
Vice Chairman Plummer: Two minutes. You've got two minutes.
Mr. Gonzalez: That person that walk out of here with a five thousand fine was not laughing at us, OK. You
know why? Because we had another option. We had the option of putting a lien on their property. It was
Homestead exemption and that person -- the City would have had to wait until that person died to collect that
money and right now, with the problem that the City had...
Vice Chairman Plummer: Or sell the house.
Mr. Gonzalez: ...you have five thousand dollars ($5,000) in your hand, OK. Another problem is, if you
want us, OK, to start putting liens on all those properties, no problem, we'll do that, OK. Every forty
thousand illegal units in the City of Miami own - property owners are going to have a lien on their property.
And you are the Commissioners. You are the ones that are elected. I'm not elected. They're not elected.
We don't have no problem. You are the ones that are going to have a problem whenever you have to run
again for office, OK. That's the problem that was created 30 years ago and we want - now we want to solve
the problem in two months and that is outrageous. That is totally outrageous.
Vice Chairman Plummer: Well, let's put it this way, when I run for office again, I won't have to have the
hundred...
Mr. Gonzalez: No, what happens is, you don't have those many legal units in your district. That's the
problem.
Vice Chairman Plummer: The hundreds of people...
Mr. Gonzalez: Most of the legal units are in the Hispanic district. That's where the problem is.
Commissioner Sanchez: Mr. Vice Chair.
Vice Chairman Plummer: All right. Thank you, sir.
Commissioner Sanchez: Wait, wait, wait. Wait a minute.
Vice Chairman Plummer: Mr. Sanchez.
Commissioner Teele: Mr. Chairman.
71 October 13, 1998
Commissioner Sanchez: No. Come on. Hey, I haven't had a chance to speak here, all right
Vice Chairman Plummer: Mr. Sanchez, you got that right.
Commissioner Sanchez: Let me say something. These individuals here do what they can with what they
have, OK. They come out here and they do the best they possibly can. Yeah. You know what, they may
not do what we want them to do but, in the long run, they collect money. That board runs for itself. In the
long run -- as we project here in the long run, you know what, we do need another board. Because what
happens is, they get out here with 70 and 80 cases. They don't come around...
Vice Chairman Plummer: That's what I said.
commissioner Sanchez: Well, hey -- but wait a minute. You're talking about creating another board.
Commissioner Teele here wants to wipe this board. You know, Rome wasn't conquered in one day. I mean,
we have to do with what we have...
Vice Chairman Plummer: Was destroyed in one.
Commissioner Gort: Mr. Chairman.
Vice Chairman Plummer: Mr. Gort.
Mr. Gonzalez: In 1997 we collected eight hundred and seventy-four thousand dollars ($874,000), OK.
Vice Chairman Plummer: Excuse me. Angel, you are out of order. Mr. Gort.
Commissioner Gort: Mr. Chairman, I like to follow Mr. Sanchez. They're as good as the tools that we give
them. I think a lot of the problems that we have is, when they sit here making decisions, they have to look at
each case by case. A lot of times some of those fines have been ridiculous. They've been fines that's being
unjust and I think that's where they have to make their decision. I think what we need to do is give them the
tools so they can expedite the procedure and see what we can do with the Legal Department. Instead of
taking 45 days, we can take a lot less and then they'll be more efficient. I think we need to work with them
and support them.
Vice Chairman Plummer: They have the tools. All they've got to do is use them.
Commissioner Gort: I agree, we could have another board. I don't have any problem with that, as long as
it's self-sufficient.
Commissioner Regalado: Let me just inquire and if I may.
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Well, I think that we have another board member here but I would also like to
hear from Jackie. I know that she's a very dedicated person. She's always here in the board. So is Angel.
Vice Chairman Plummer: As a board member or otherwise?
Commissioner Regalado: And I just want to know your ideas. What do you feel? And I know-- let me say,
and I know what she did before becoming a board member in terms of neighborhood associations. So,
according to your philosophy, what is your idea of the way you're working and what you -- are you happy
with the way the board is going?
Ms. Cotarelo: You know what, I'm going to talk now as a resident. I want super enforcement. I don't want
two years. I don't want a case to go through the system two years. I want enforcement and right away. I
think people, when you're consistent -- even with children, when you're raising them, you're consistent. The
punishment happens at the time that you find the violation.
Vice Chairman Plummer: Absolutely.
72 October 13, 1998
Ms. Cotarelo: I think the longer you wait, the less people are going to, you know, click one and the other.
Vice Chairman Plummer: Absolutely.
Ms. Cotarelo: But we're working really hard. I can tell you, when you have here people that do not-- that
they'll tell you that the City did not get back to them with-- you know, with information or that they tried
calling the City. These are all -- maybe that's allegations that they're making but these are things that you
have to take into consideration. You have someone in Little Haiti who has -- whose property value is
thirty-eight thousand and they have a fine for four hundred and seventy-five thousand. That is a joke. I
think the City needs to put a cap -- I don't like caps. I think the City either has to have a system and I think
we're work -- we have that now. When you're in violation, you let the people know, listen, your property is
in violation. I think those two letters that come out by-- you know, something like that, where people are
informed. Before, they didn't have that. So that's why we have these outrageous fines. But I think that we
have a good board. I think we're trying to do the best that we can. I think we do need improvement,
everything. Once you become stagnant, that's where you have problems. I think this Item 49, 1 want-- I
have some ideas that I think that might be a good way for us to go ahead and get more compliance. OK.
My idea, number one, ticketing. You know, that's a thing. You get them in the first spot. You give them a
ticket. This is not a popular thing. And I think I've lived for this day. Real estate inspections. I know none
of you like it but properties for sale -- I rushed over here. There's a property that someone turned into the
Coral Way NET (Neighborhood Enhancement Team), that it was a single family home, subdivided. The
Coral Way NET went out. You know, to and behold, the guy was going to live with his family. Now it
came out advertised in the Herald, which I have a copy. It says, single family home or three apartments.
This is what's happening. I mean -- below and behold, you've had people -- you've had inspectors take their
time and investigate and now they're selling and they're going ahead and advertising. If we had properties
that are going to go ahead and be sold, need to go through an inspection, and I know this is not a popular
thing, but at least people who are going to buy it know that what they're buying is something that the City
has and you wouldn't have the many people that say, well, I bought my property that way. Another thing,
repeat violators. That is one thing that surprise me sitting up there. I thought that once you tell them, you
know, this is -- they come back and they come back for the same violation two and three -- you know what,
let's make the penalty stiffer right off the bat and --
Vice Chairman Plummer: But if you don't collect, that's the problem, OK. That's why we had a scenario
that said, on the fourth month of non-payment, foreclosure.
Ms. Cotarelo: Commissioner, I don't know if we --
Vice Chairman Plummer: No, you're no problem. I watch you on the television. All right.
Ms. Cotarelo: Thank you.
Vice Chairman Plummer: Now, all I'm saying to you is, is that board is set up for the purposes, are you
guilty or are you not? And a fine should be imposed if you're guilty. And, as such, you know, if you don't
comply within 30 days and make your payment, that the fine is going to go up. I mean, I just-- it's that
simple, as far as I'm concerned. Chuck, you wish to speak?
Mr. Chuck McEwan: Good morning, Commissioners. My thing is very, very, very short. I don't think I can
say any more --
Commissioner Gort: Your name.
Vice Chairman Plummer: Chuck, give your name and address.
Mr. McEwan: Chuck McEwan, 450 Southwest 30th Road. I am a member of the Code Enforcement
Member Board and have been for, I don't know, two and a half years. I don't think we can do any more than
what we do up there already. I think, if you watch us -- and I know you do because you come in here and
visit and sit back there and shake your head, like I do up there. But you know, there's only so much of a
hammer that we have. I would love to hammer some of these people right into the ground but there's only so
much we can do, you know. Another thing is — and this is aside from what we do or don't do. You all need
73 October 13, 1998
to get us -- "us", whoever it may be -- some more Code Enforcement inspectors.
Vice Chairman Plummer: That is what we're hoping we're going to do.
Mr. McEwan: And train them properly so when they stand up there and testify, that they don't screw up the
case for the City.
Vice Chairman Plummer: Did you ever think about having the same Code Enforcement inspector do three
in a row rather than one in the start of the program and six hours later he sits here and does nothing?
Mr. McEwan: I think it's a wonderful idea, rather than going to page 84 and back to page 1.
Vice Chairman Plummer: I mean, I saw code inspectors, that we're paying on an hourly rate. that's here on
the first hearing that they have of the day and then six hours later, where he sat there for five hours doing
nothing, instead of putting them all together in one package for each inspector, they do it piecemeal. I mean,
it is absolutely ridiculous.
Mr. Ewan: I really think that the mechanics need to get worked on but...
Vice Chairman Plummer: OK. Look, let's not --
Mr. Ewan: Can I mention something to you real quick? Because I've been holding this for a long time.
And, Chief, Manager -- I don't know. I call him Don.
Vice Chairman Plummer: Combo.
Mr. Ewan: But, anyway, you might not like this because I know this is not a management theory. But under
Chapter 162.21 of the Florida Statutes, it authorizes you to designate any employee or as agents of the Code
-- as Code Enforcement Officers. That means a lot of these people that are sitting around fanning their tukus
can be put to work and can produce a lot of revenue and a lot of better looking neighborhoods for all of us.
Vice Chairman Plummer: Well, let me tell you something. Under this Code Enforcement that we're going
to be doing in lot clearing, we're going to have six people that are going to be WAGES (Work and Gains
Economic Self -Sufficient Coalition) -- who are going to be part of the WAGES Program, who are going to
go out and be posting these properties and automobiles, as Commissioner Teele recommended. We're
working on that right now, that we will have a central focus just for lot clearing. So, that is what we're doing
there and your idea, I think, is a good one. I'd like to bring this --
Commissioner Regalado: I'd like to just briefly mention an idea that...
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: ...Chuck McEwan had when we had the meeting of Keep Florida Beautiful here
in this City Hall and Chuck was here and he mentioned that we could use some of the funds from the Code
Enforcement for the clean-up operation of the City. I sent a memo to the Manager, and I just wanted to
remind the management and administration that we should consider that idea because it's in tune of what
we're trying to do.
Mr. Ewan: Almost a million dollars ($1,000,000) last year that could have been used to sweep this whole
street -- this whole City from one end to the other. It's a good idea.
Vice Chairman Plummer: That's what this committee is that I'm sitting on now and we're not going to move
until we have everything in order. And I think you're going to see that it will be by the first of December,
OK. I move that Item 12 and 49 be deferred. Mr. Leroy Jones: Mr. Plummer, I want to speak on this.
Vice Chairman Plummer: Sir, speak to the item.
Commissioner Teele: Second the motion.
74 October 13, 1998
Mr. Leroy Jones: I'm all in agreements with... Leroy Jones 4055 Northwest 17th Avenue. I'm all with
agreements of red -tagging people and fining people for overgrown lots and stuff. Knowing that a lot of
people in my community live on a fixed income, that own property and stuff, that liens and stuff is on they
property that the City owe, I like to know who holds the City accountable for the lots that they own that
they're not cutting? Because it...
Vice Chairman Plummer: Just for your information, one of the first things that we're addressing -- and we
have already the complete list -- of the City owned lots, the County owned lots, Florida East Coast Railroad
owned lots, and the Federal Government, and we're going to address those, as said in the committee. We
can't go out and tell them to clean up your act if we don't have our cleaned up.
Mr. Jones: And I'm going to agree with it, Commissioner Plummer. Because I got some pictures of some
vacant lots that's in...
Vice Chairman Plummer: That answers your question. Sir, I can give you a thousand pictures.
Mr. Jones: Because, like you said, I don't understand how we can enforce laws to people that we don't live
up to ourselves.
Vice Chairman Plummer: One of the first things we're going to do.
Mr. Jones: ...you know, live up to ourselves. But, if I could be brief, I got an idea that we can do with some
of the lots that the City own.
Vice Chairman Plummer: I invite you to the next committee meeting, which is when? You're invited to my
office Thursday morning at 7:15, sir.
Mr. Jones: If I can, Commissioner Plummer, I would like to give this -- if can be done. I'd like to be
appointed to sit on that board, if I could.
Vice Chairman Plummer: Sir, at this particular time this board.
Mr. Jones: If there's any vacancies or when it be some vacancies?
Vice Chairman Plummer: It is all staff. If we do create a second board, then you're in for consideration.
Mr. Jones: OK.
Commissioner Gort: By the way, Mr. Chairman.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: For your information, your district, my district, my neighborhood, people if they do not
have the funds, my understanding, correct me if I'm wrong, there's CDBG (Community Development Block
Grant) funds that could help them to comply.
Mr. Jones: Yeah, but ... yes, sir.
Commissioner Gort: Just for your information, so you can go to the NET office and find out what the
information is, but there is a system.
Vice Chairman Plummer: Well, excuse me. The CDBG funds can only be used in the blighted area.
Commissioner Gort: That's what I'm saying. And that's most of my district and not Teele's districts. In
Little Havana's districts.
Commissioner Sanchez: So, if you own a piece of property...
Vice Chairman Plummer: Yes, sir.
75 October 13, 1998
Commissioner Sanchez: ...CDBG is going to pay for it?
Commissioner Gort: No, no, no. Listen to this.
Vice Chairman Plummer: No, sir. Only if it's in blighted areas.
Commissioner Gort: Only if it's a blighted areas, in CDBG target areas and it is not in compliance and they
can demonstrate they don't have money to comply with the --
Commissioner Sanchez: As long as it's understood that, if you own the property and it's your property, it's
your responsibility to cut it and the City's not going to do it for you.
Vice Chairman Plummer: Well, the ordinance says...
Commissioner Gort: No, no. That's different. I'm talking about -- I'm addressing -- excuse me. Mr.
Sanchez, I'm not addressing the yard. I'm addressing other code enforcement that he's talking about.
Vice Chairman Plummer: Just for your information, Mr. Sanchez, if you own a lot, you don't clear it and it's
not in the blighted area, you will be fined one hundred dollars ($100). If you do not clear the lot, we will do
it for you and we will put a lien or charge you for it, plus 20 percent, whichever is greater.
Commissioner Sanchez: Sounds good to me.
Mr. Jones: Commissioner Plummer, one more question and that's it for me. Is it any way possible the City
will be willing to do some advertisement... pay for some advertisement for people that's unfortunate, that
live on a fixed income -- because, obviously, I'm not going to be able to go in me community and tell
everybody about how to get some of this monies to help them with their properties. So, whatever— will the
City be willing...
Vice Chairman Plummer: We are discussing— and, again, I invite you to the meeting on Thursday at 7:15.
Commissioner Teele originally made a suggestion to the board-- to the Committee that we try to find a way
of hiring people from within the community go into the Miami Capital and getting money to buy the
equipment for them, and that is one of our priorities that we're trying to do within the committee.
Mr. Jones: OK.
Vice Chairman Plummer: Mr. Boom -Boom, quickly.
Mr. Gonzalez-Goenaga: Mr. Jones...
Vice Chairman Plummer: Speak to the deferment.
Mr. Gonzalez-Goenaga: I was going to refer to what he was saying.
Vice Chairman Plummer: All right. Speak to what he was saying. Excuse me. For the record, this is the
last item of the day. Everything will be after 2 p.m. this afternoon. And it will be promptly at two.
Commissioner Teele: You said 2:30.
Vice Chairman Plummer: What?
Commissioner Gort: Let's make it 2:30.
Vice Chairman Plummer: I got to be out of here at 6:30. OK. Mr. Boom -Boom.
Mr. Gonzalez-Goenaga: I'm going to refer to Mr. Jones of what he said.
Commissioner Teele: What time are you available?
76 October 13, 1998
Vice Chairman Plummer: OK.
Mr. Gonzalez-Goenaga: Let me tell you. We better...
Commissioner Teele: Two -thirty? He's not available.
Vice Chairman Plummer: We can do without him.
Commissioner Gort: I won't be here.
Vice Chairman Plummer: OK. There will be three -- at least three of us.
Commissioner Teele: But if there's an item that you want to deferred, Commissioner Gort— I mean...
Vice Chairman Plummer: If there's anything in particular — well, I've given everybody the opportunity. Mr.
Teele, I did you this morning. Mr. Boom -Boom.
Mr. Gonzalez-Goenaga: Since this is going to be deferred, I want to add on what Mr. Jones said and I want
to warn him that on September the 21st, we both spoke for 10 to 15 minutes in the CALEA (Commissioner
of Accreditation of Law Enforcement Agencies) issue and we are on the black list of the police because we
told the truth. And I have a copy of the tape. It took me...
Vice Chairman Plummer: Thank you, sir.
Mr. Manuel Gonzalez-Goenaga: ... two weeks to pick it up.
Vice Chairman Plummer: All right. Mr. City Attorney, this Commission will be in adjournment until 2 p.m.
Commissioner Teele: Hold on, Mr. Chairman.
Vice Chairman Plummer: I'm sorry. Mr. Teele.
Commissioner Teele: On this issue. I think we owe a letter -- and I would ask that the Mayor and -- that a
letter be prepared for the Mayor's signature and that of the Commission to thank the Code Enforcement
Board for their hard work, and express any of the concerns that we have in terms of where we're going from
now. I would specifically move that the Manager and the Attorney be instructed to work with the Code
Enforcement Attorney and staff and the Chairman of the board and to come back to the Commission within
30 days with a list of recommendations to make the board more efficient and to take any other actions that
may be required by the Commission, consistent with your comments, Commissioner Plummer. I mean the
comment, for example, just batching the hearing, based upon the hearing officers, makes a lot of sense. I
mean, those are the kind of things that need to be institutionalized and I think we need to move forward on
that as we do so.
Vice Chairman Plummer: All right. Commissioner, we'll incorporate that in the deferment of Item 12 and
49 to a date certain of November the 1 Oth. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition?
77 October 13, 1998
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.98-1004
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 12
(PROPOSED AMENDMENT TO CHAPTER II/ARTICLE X AND XI OF THE
CITY OF MIAMI CODE ENTITLED "ADMINISTRATION / CODE
ENFORCEMENT AND BOARDS, COMMITTEES, COMMISSIONS," TO
ALLOW THE CITY COMMISSION TO CREATE ADDITIONAL CODE
ENFORCEMENT BOARDS) AND ITEM 49 (DISCUSSION REGARDING
THE EFFECTIVENESS OF THE CODE ENFORCEMENT BOARD IN
APPEARANCE BY MEMBERS OF THE BOARD) TO THE MEETING
PRESENTLY SCHEDULED FOR NOVEMBER 17, 1998; FURTHER
DIRECTING THE ADMINISTRATION TO COME BACK WITH A
PRECEDENT TO ACCOMPLISH THE CITY'S INTENT AS IT PERTAINS
TO HAVING SAID CODE ENFORCEMENT BOARDS SERVE FOR THE
PURPOSE OF HEARING LOT CLEARING ISSUES; AND FURTHER
DIRECTING THE MANAGER AND THE CITY ATTORNEY TO WORK
WITH THE CODE ENFORCEMENT BOARD'S ATTORNEY IN
PREPARATION OF A LIST OF RECOMMENDATIONS TO IMPROVE THE
OPERATIONAL EFFICIENCY OF THE CODE ENFORCEMENT BOARD;
BRING BACK SAID RECOMMENDATIONS WITHIN 30 DAYS, MORE
SPECIFICALLY BY THE CITY COMMISSION MEETING PRESENTLY
SCHEDULED FOR NOVEMBER 17, 1998.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Commissioner Regalado: When we come back, if we're going to deal with Item 14, Teresita should be here
and the budget director because I have several questions.
Vice Chairman Plummer: All right. We will reconvene at 2 p.m.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
11:58 A.M. AND RECONVENED AT 2:05 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE
PRESENT, WITH THE EXCEPTION OF COMMISSIONER GORT
AND COMMISSIONER TEELE.
(COMMENTS MADE PRIOR TO RECONVENING MEETING:)
Vice Chairman Plummer: Mr. Clerk, it has always been the tradition of this Commission that, in November,
we have one meeting and in December one meeting. Now, I don't know what your zoning package is but
give me a date. I would like in December. It's always been an early date in December, like the 2nd of
December, OK, and that would be the only meeting of the month. November, because of Thanksgiving,
we've always had it as late as you wanted. OK. Mid November would be fine. Let's shoot for, let's say --
well, the date of November now is the 12th, so let's shoot for one meeting on November the 12th. When the
rest of the Commission get here, we'll see if that's agreeable with them. Now, that's assuming that your
zoning agendas are not so heavy that it would make a requirement of a second meeting. All right. Joe.
78 October 13, 1998
Commissioner Sanchez: Yes, sir.
Vice Chairman Plummer: I was just saying that the tradition in November and December we have one
meeting because of Thanksgiving and Christmas. We're going to be shooting right now for November the
1 Oth and December the 2nd -- if you'll check your calendars -- as the only meetings of that month.
Commissioner Sanchez: My wife's birthday is on December 22nd.
Vice Chairman Plummer: No, December 2nd, not 22nd. December 2.
Commissioner Sanchez: OK.
Vice Chairman Plummer: So, if you want to check your calendar, that those dates are agreeable to you.
Commissioner Sanchez: That's fine.
Vice Chairman Plummer: Because mine is-- Mr. Clerk, is there anybody else in the house?
Mr. Walter J. Foeman (City Clerk): Commissioner Teele is in the house.
Vice Chairman Plummer: All right. All right, as soon as I get one more Commissioner. Is Mr. Regalado in
the house? Mr. Teele. Two minutes? He's already two minutes late. Mr. Manager?
Mr. Donald H. Warshaw (City Manager): November 17th and December the 8th.
Vice Chairman Plummer: I have no problem with that. Mr. Sanchez, the Manager is recommending
November what?
Mr. Warshaw: Seventeenth.
Vice Chairman Plummer: Seventeenth of November and December...
Mr. Warshaw: Eighth.
Vice Chairman Plummer: ...the eighth.
Commissioner Sanchez: That's fine with me.
Vice Chairman Plummer: All right. I hope my staff is listening. November 17th and December the 8th.
Merry Christmas. I need one more Commissioner. Can we get another Commissioner in here, please?
18. AMEND U.S. HOUSING AND URBAN DEVELOPMENT'S (HUD) HOME BUYER FINANCIAL'
PROGRAM TO ALLOW FOR MORE PRIVATE SECTOR DEVELOPERS PARTICIPATION (LOW
INCOME HOUSING).
Vice Chairman Plummer: All right. Show this Commission back in session. Mr. Jerry Fields has finally
showed up. Doesn't have a wrist watch. Jerry, you're on. This microphone. Give us your name and
mailing address and proceed. That's you, sir. This is Item Number 2. Is the City administration prepared to
speak to Item 2? All right. Mr. Fields, give us your name and mailing address, please.
Mr. Jerry Flick: My name is Jerry Flick.
Vice Chairman Plummer: I'm close.
Mr. Flick: Address, 2901 South Bayshore Drive. Business address, 2601 South Bayshore Drive. I am
really here to bring you up-to-date of what I have been trying to do here in the City of Miami. I am a
previous mortgage banker and a developer. As a mortgage banker for about 30 years and a developer, on
and off, during that same period of time. About three years ago it appeared that there was a need for
79 October 13, 1998
housing, low cost housing, in a lot of the target areas. We proceeded trying to find product and a way to
develop in these areas.
[AT THIS POINT, COMMISSIONER TEELE ENTERED THE COMMISSION CHAMBERS AT 2:07
P.M.]
Mr. Flick: We started our first prototype house here in Miami, in the City of Miami, the first of this year.
The reception to this house was extremely good. Only through word of mouth, we had over 250 deposits
and probably had over a thousand inquiries. And this is just word of mouth here in Liberty City. We had
been working with several of the non -profits, mainly -- the main non-profit has been the NAACP (National
Association for the Advancement of Colored People) to do HOME counseling and to do credit counseling.
We feel that the market here is in the thousands right here in the City of Miami. We're proceeding forward
with our housing project. We have had a number of obstacles but a lot of these obstacles have been
overcome. What I would like for the City Commission to consider is earmarking more money for the single
family houses in these targeted areas or in the inner cities or in the eastward whole corridor. The amount of
funds for new construction for single family houses is very minor. It appears that there's enough for about
12 or 15 houses this year. There are probably 10 times that many being destroyed right now. The money is
not going to where it's needed. We have areas in the inner city, as you all know, that are absolutely disaster
areas. It looks like a third word -- third world country. There are houses abandoned, houses boarded up,
houses -- trash on the street. The neighborhoods are extremely rough. Areas that you don't even want to go
into. We have...
Vice Chairman Plummer: All right, sir. Let's hear from...
Mr. Flick: Besides going into the -- building these houses, we must have a program with the City to clean
these areas up and to make them desirable areas, where people want to move into and that is the biggest
problem. We could build the houses but we have to have a reason why people want to move in there.
Vice Chairman Plummer: Mr. Sanchez, you want to hear from the administration first or do you wish the
floor?
Commissioner Sanchez: I'll take the floor. Mr. Flick, how are these specific areas are being — where -- how
are you determining these specific areas for these homes?
Mr. Flick: Our specific -- the customer determines what area. We're buying lots as needed. We have
available about ten thousand lots county -wide and we have probably close to five thousand lots available,
sitting vacant or in crack houses or houses that are ready to be demolished or condemned houses that are
available. There are also city lots that are available but I don't think the Commission has come up with a
policy on those city -owned lots yet.
Commissioner Sanchez: And these are low income housing or moderate income housing or...
Mr. Flick: Low to very low.
Commissioner Sanchez: Low to very low.
Mr. Flick: We're looking for families making fifteen thousand up to about twentyfive thousand dollars
($25,000).
Commissioner Sanchez: Well, the reason why I bring this out is because I'm starting to see that most of the
low income housing and modern income housing are being built in my district. And, in a way, although I
support it, I'm starting to get a little concerned because I'm seeing that a lot of these buildings are popping up
in a specific area in my district and that is the East Little Havana area.
Mr. Flick: We're able to build any place in Dade County, includes any area in the City of Miami. I know
the Little Havana area has had the majority of the funds. That's true. I doubt if there are more than a
handful of houses built in the northwest area of City of Miami in the past year or even two years. Your
demolition of houses far exceed new houses.
S0 October 13, 1998
Vice Chairman Plummer: Mr. Manager.
Mr. Donald H. Warshaw (City Manager): Mr. Chairman, the staff is recommending that the City amend its
agreement, its consolidated plan with HUD (Housing and Urban Development) to allow for private
developers to be able to develop using this money. That does not do anything right now for Mr. Flick. It
just gives him the right to apply. I'll ask Gwen Warren to elaborate and answer any questions you might
have.
Vice Chairman Plummer: Miss Warren.
Ms. Gwen Warren (Director, Community Development): I'll defer to Jeff. He's our Housing Director. Jeff
Hepburn.
Vice Chairman Plummer: Hello.
Mr. Jeff Hepburn: Jeff Hepburn, Assistant Director for Housing. We've met with Mr. Flick probably about
a month and a half ago. He basically discussed what his needs were and that was for second mortgages for
his home buyers. We're recommending that we amend our home buyers financing program that would
allow both Mr. Flick and the private sector to participate in that particular program.
Vice Chairman Plummer: When can we expect that something will be done and completed?
Mr. Hepburn: Probably within the next 15, 30 days. We could write HUD and make that amendment.
Vice Chairman Plummer: All right. Mr. Flick, you hear?
Mr. Flick: Yes.
Vice Chairman Plummer: Thank you, sir. Nice to have you here.
Mr. Flick: Thank you.
Vice Chairman Plummer: If I could have, please, the two detectives. Are they both in uniform? I need the
Detective Placido Diaz and Ronald Papier. Are either one of you undercover? Neither one of you. All right,
so we can take pictures.
Mr. Hepburn: Commissioner?
Vice Chairman Plummer: All right, hold on. We need a motion. Phrase the motion for me.
Mr. Hepburn: A motion to amend the City of Miami Homebuyers Financing Program with U.S. HUD to
allow the private sector to participate in the program.
Commissioner Teele: Second the -- move it.
Vice Chairman Plummer: Moved by Teele. Seconded by Regalado. All in favor, say "aye."
Commissioner Teele: On the motion, Mr. Chairman.
Vice Chairman Plummer: All right, sir.
Commissioner Teele: Approximately, how many dollars are available as you're proposing this?
Mr. Hepburn: In terms of second mortgages for this year right now, there's about a half a million dollars
($500,000). Last year there was also a half a million dollars ($500,000), so there's roughly about a million
dollars ($1,000,000) available.
Commissioner Teele: And these funds are going to come from where, HOME?
81 October 13, 1998
Mr. Hepburn: They're coming from the HOME Program.
Commissioner Teele: How much money do we have -- how much money have we traditionally given for
mod rehabs from the HOME Program?
Mr. Hepburn: Historically, I think somewhere -- the City gets about four point five million dollars
($4,500,000). Somewhere around a million dollars ($1,000,000) has been the average in the past. There's
no funds available this year for that program.
Commissioner Teele: So, the total amounts that would be available for second mortgages would be
approximately a million dollars ($1,000,000) under this motion?
Mr. Hepburn: That's correct.
Commissioner Teele: And the monies -- the funds would not go to a developer but would go to a buyer?
Mr. Hepburn: Would go to the home buyer as a second mortgage.
Commissioner Teele: OK.
Vice Chairman Plummer: All in favor, say "aye.".
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show unanimous ballot.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-1005
A RESOLUTION DIRECTING THE CITY MANAGER TO MODIFY THE
PROGRAM GUIDELINES FOR THE CITY OF MIAMI' S HOME FUNDED
HOMEBUYERS FINANCING PROGRAM TO ALLOW FOR
PARTICIPATION OF THE PRIVATE SECTOR HOUSING INDUSTRY AND
TO AMEND THE CITY OF MIAMI'S U.S. HUD APPROVED
CONSOLIDATED PLAN AND/OR ANNUAL ACTION PLAN TO REFLECT
SAID MODIFICATION.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort.
82 October 13, 1998
19. COMMENDATIONS: RONALD PAPIER /I PLACIDO DIAZ: 'POLICE OFFICERS OF 'THE
MONTH OF MAY, 1998.
Vice Chairman Plummer: Detectives.
Commissioner Regalado: Mr. Manager, is Net 9 on the air? It wasn't this morning
Mr. Donald H. Warshaw (City Manager): I know. I'm told that it is.
Commissioner Teele: Thank you, Mr. Chairman. Whereas it has been said that few things are impossible to
diligence and skill, great works are performed not by strength but by perseverance and whereas City of
Miami Detective Ronald Papier brought honor and prestige to his department when he was selected as the
most outstanding officer for the month of May, 1998. And whereas Detective Papier, together with
Detective Diaz, performed an outstanding job in solving a string of tourist robberies in Miami that
threatened not only our visitors, but our image as well. And whereas, after ensuring the safety and
well-being of the victims, Detectives Papier and Diaz conducted a thorough investigation and eventually
arrested two dangerous young men with extensive criminal histories and whereas local authorities on behalf
of the community salute Detective Ronald Papier for his dedication and commitment. Now, therefore, I, Joe
Carollo, as Mayor of the City of Miami, do hereby commend Detective Ronald Papier for his continuing
outstanding performance of duty and dedication to professional law enforcement. And this is signed by our
Mayor on October 7th, 1998. Congratulations.
Commissioner Sanchez: And on the same lines, the City of Miami is honored to give DetectivePlacio Diaz
a proclamation and it reads as follows: Whereas, it has been said that few things are impossible to diligence
and skill. Great works are performed not by strength but by perseverance and whereas, City of Miami
Detective Placio Diaz brought honor and prestige to his department when he was selected most outstanding
officer of the month for May, 1998. And whereas, Detective Diaz, together with Detective Ronald Papier,
performed an outstanding job in solving a string of tourist robberies in Miami that threatened not only our
visitors but our image as well. And, whereas, as ensuring the safety and well-being of the victims, Detective
Diaz and Papier conducted a thorough investigation and eventually arrested two dangerous young men with
extensive criminal histories and whereas, local authorities on behalf of our community salute Detective
Placio Diaz for his dedication and commitment. Now, therefore, I, Joe Carollo, Mayor of the City of Miami,
do by here command Detective Placio Domingo (sic) Day as an honor.
Vice Chairman Plummer: So be it. All right. We're now on Item Number 13. It's a second reading.
Moved before by Sanchez and Teele. Is there anyone wishing to speak on Item 13 relating to the Sport's
Authority and Exhibition? Hearing none, read the ordinance. Any further discussion? Call the roll.
83 October 13, 1998
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 2 / ARTICLE XI /
DIVISION 6 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, ENTITLED "ADMINISTRATION / BOARDS,
COMMITTEES, COMMISSIONS / MIAMI SPORTS AND
EXHIBITION AUTHORITY", TO (1) ALLOW FOR EACH MEMBER
OF THE CITY COMMISSION TO SERVE ON THE MIAMI SPORTS
AND EXHIBITION AUTHORITY ("MSEA") FOR A PERIOD OF
ONE (1) YEAR, (2) DELETE REQUIREMENT THAT THE
APPOINTED COMMISSIONER BE PRESIDING OFFICER OF THE
CITY COMMISSION, AND (3) DESIGNATE THAT THE MEMBERS
APPOINTED TO THE MSEA SHALL SERVE FOR A TERM OF NOT
LESS THAN ONE YEAR; MORE PARTICULARLY BY AMENDING
SECTION 2-1013(A) AND (C) OF SAID CODE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting of September 28, 1998, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Commissioner
Teele, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11713.
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 14 is a second reading. Administration/Boards, Committees, Commissions,
to establish Cultural and Fine Arts Board. Moved by Regalado. Seconded by Sanchez.
Commissioner Regalado: Mr. Vice Chairman.
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: When we approved this on First Reading, as -- of course, is the custom, the
84 October 13, 1998
administration was told to come back with a budgetary impact of this new board.
Vice Chairman Plummer: All right, sir.
Commissioner Regalado: In the package that we all received, we have the Department of Management and
Budget. The legislation Cultural and Fine Arts Board. The cost will be recurring direct costs, sixty thousand
dollars ($60,000) per year. Reoccurring indirect costs, six thousand dollars ($6,000) per year. Funding
available this fiscal year, zero dollars. Next fiscal year, zero dollars. I thought that the numbers were pretty
high. Then I thought that maybe, you know, we were going to buy a condo for the board to meet on
weekends or something like that or lease them a car or something. But then, this morning, it was revised and
with Tony Crapp from my office and the cost went down to, I think, thirty-seven thousand dollars ($37,000)
and now I was given this. It cost eleven thousand seven hundred dollars ($11,700) per year.
Vice Chairman Plummer: You move it?
Commissioner Regalado: I would like to wait three or four hours more so we can get it down to eightysix
dollars ($86).
Vice Chairman Plummer: All right. Read the ordinance.
Commissioner Regalado: No, no. But I mean, seriously, seriously, I still don't think that a Cultural Board
that will meet once a month, five persons, that they can meet right here in the lobby, would cost the
administration eleven thousand dollars ($11,000). If it does cost that, I'd like to withdraw the motion.
Vice Chairman Plummer: All right. You want to wait and let them come back and see if there can be done
something on it or defer it or what do you want to do?
Commissioner Regalado: No. I want to know the cost of the other boards because if we act on the criteria
that each board cost around sixty thousand dollars ($60,000), we've got to think of eliminating some boards.
Commissioner Teele: Right.
Vice Chairman Plummer: What do you want to do now?
Commissioner Teele: Well, I'll tell you what I would like to do if the gentleman would yield?
Commissioner Regalado: Absolutely.
Commissioner Teele: I'd like for somebody to come and explain the sixty thousand dollars ($60,000) and
the eleven thousand dollars ($11,000) because -- I mean, I think every one of us should be concerned,
number one, that someone would put a price tag on a board like this of sixty thousand dollars ($60,000).
And Mr. Chardy and to the Press, I'm going to defer the item relating to the agenda because I think it's
unfortunate that the ordinance that was discussed in the context of the budget has been tied into this whole
CRA (Community Redevelopment Agency) and Overtown issue. But let me just say this. I think it's
important that we be honest about these numbers and the best way to destroy the Commissions, collectively,
since that the numbers are going to be right as we go forward, we all tried to turn a page on October 1, some
-- four of you did and I didn't. But the fact is, we need to be honest about the numbers and there's — it's very
difficult to justify how something can go from sixty thousand to eleven thousand. Secondly -- and I
particularly called the City Attorneys attention to this -- these fees, if we were to establish any, which
obviously, Commissioner Regalado wants to support this and I want to support. I think we all want to have
a beautiful Miami. I talked about Vizcaya as an example earlier today. You just can't start charging fees
and charging costs without and associated balance sheet. Let me give you an example. How much are we
collecting right now in lobbyist fees? And I'll tell you why-- I don't want and answer. I'll tell you why this
is and important question. Because under State law, you cannot charge a fee more than the cost. A fee --
Mr. Attorney, correct me if I'm wrong. A fee is a tax if it's more than the cost.
Mr. Alejandro Vilarello (City Attorney): It should be designed to cover your cost of regulating whatever the
benefit is.
Commissioner Teele: And fees go directly to pay for the cost of this. Now, obviously, we've got to figure
85 October 13, 1998
out how to pay for a cost but the cost has got to be reasonable. And I would like a report, Mr. Clerk, on the
fees that we're collecting as lobbying fees because I know this was patterned by Commissioner Plummer
after one that was set up by myself and the County and we were very careful to make sure that this was not a
general fund. This is not a tax. This is a fee. And the fee must rest where it's being collected and it must
pay for costs associated with the collection. Now, there's a whole lot of things you can do under that broad
category, including pay for the person who's keeping verbatim, you know, available for the public pursuant
to all of this. But we need to be realistic about this. So, what I'm hoping, that using this board, we can look
at is establish a realistic cost structure so that we can begin to identify fees or the appropriate revenue stream
to pay for it. And I completely agree with Commissioner Regalado, that this board should not be any more
than, what? - four or five thousand dollars, fifteen hundred dollars ($1500) to start it for the first year.
Vice Chairman Plummer: All right. So you want to defer it until a time certain?
Commissioner Teele: No, sir. I would like very much -- its on the agenda. I would like to hear from the
budget office on why we have it. And I'll tell you, the solution, of course, Commissioner Plummer, is what
every other legislative body has and that's your own legislative budget officer who puts the numbers and
puts the realistic number on these kinds of things. Because now you're asking management to give you their
cost. And a management cost and a legislative cost need to be reconciled.
Vice Chairman Plummer: The administration.
Mr. Donald Warshaw (City Manager): Mr. Chairman, if I can comment on this. And Commissioner
Regalado and Commissioner Teele are correct. As we go through this new budgetary impact process, there
are a lot of fine tuning things that have to take place. The sixty thousand dollars ($60,000) came from the
cost of the Code Enforcement Board, which, of course, cost us twenty some odd thousand dollars a year for
an attorney, then you have insurance for the attorney, you have what's called a certain kind of recordings that
need to be done in accordance with law. This particular board, which is more of an advisory board, which
does not have those same requirements is obviously significantly less expensive, so the sixty thousand
dollars ($60,000) came from a board that really would need a whole lot more technical support and that's the
reason for the revision. And after staff had met with staff from Commissioner Regalado's office, it became
before more evident to us -- and I apologize for that -- as to what this board will be doing, the kinds of
meetings, the kinds of business they'll be conducting, and basically eleven thousand dollars ($11,000) is a
ballpark figure. And I don't think we'll know the true cost until some time goes by and we get a feel but it's
nowhere near, obviously, that sixty thousand dollars ($60,000). So, not all boards cost the same basically.
Vice Chairman Plummer: All right. Commissioner Regalado, its your item.
Commissioner Regalado: I still don't know why...
Vice Chairman Plummer: Then defer it.
Commissioner Regalado: ...this board cost eleven thousand dollars ($11,000). I would like to do several
things.
[AT THIS POINT, COMMISSIONER GORT ENTERED THE COMMISSION CHAMBERS AT 2:28
P.M.]
Commissioner Regalado: I need to get the information. First, why a mistake was made. Everybody make a
mistake. But to compare and Advisory Board with the Code Enforcement and to put it on the record for the
people to pick up, I think that is more than oversight. Then we go down to thirtyseven thousand dollars
($37,000) and I still don't know why. Then we go down to eleven thousand dollars ($11,000). I don't know
why, for instance, in telecommunications, six hundred dollars ($600); equipment rental, twentyfive hundred
dollars ($2500); printing, two thousand dollars ($2,000). Frankly, I just don't know why is this cost. And I
would like also to defer this because I need for the administration to tell me how much does each board cost
to operate? Because if this board -- if you can demonstrate to me, before the 27th, that this board will cost
eleven thousand dollars ($11,000), then on the 27th I am willing to withdraw and tell the people of Miami
that Miami does not have the money to operate a Cultural Affairs Board, nor we don't have the money to
operate Street Codesignation Committee or a Commission for the Status of Women or all the other boards
that the City has.
86 October 13, 1998
Vice Chairman Plummer: All right. What are we going to do today?
Commissioner Regalado: Today? I would like to request from the administration to show why do we
need...
Mr. Luie Brennan (Assistant Director, Management and Budget): Commissioner Regalado, respective...
Commissioner Regalado: ... twenty-five hundred dollars ($2500) in equipment rental?
Vice Chairman Plummer: I don't want to drag this out. Now, you know, either...
Commissioner Regalado: I'm fine. OK. We'll defer that until the 27th.
Vice Chairman Plummer: OK.
Commissioner Regalado: If that is the case.
Vice Chairman Plummer: Well, excuse me.
Commissioner Regalado: But on the 27th, we're going to have the same thing...
Vice Chairman Plummer: No. They're either going to give you your answers or we'll do some serious
things.
Mr. Brennan: If you permit me, sir, I would have loved to give an explanation.
Vice Chairman Plummer: On the 27th. On the 17th, sir.
Vice Chairman Plummer: To my colleagues on the City Commission, would you please check your
schedules? Traditionally, in November, we've had one meeting for Thanksgiving with that month and we
would -- the Manager has recommended the 17th of November as the only meeting. In December, because
of Christmas, the Manager has recommended December the 8th. So, at such time as you've had to check
your calendars, if there is no opposition, we'll accept a motion for that purpose.
Commissioner Teele: I would so move. But I would also ask you to set the January meeting too. Because
is that -- are you scheduling a meeting on the day after Martin Luther King? Is that the 8th?
Vice Chairman Plummer: The 8th is of December.
Commissioner Teele: Oh, I'm sorry. We don't have January. We don't go that far.
Vice Chairman Plummer: No, we don't have that far in advance. OK. So, this...
Commissioner Teele: So moved, Mr. Chairman.
Vice Chairman Plummer: This matter-- on the dates or on Regalado?
Commissioner Teele: On the dates November 17th and December 8th.
Vice Chairman Plummer: All right. January 13th is when is the first meeting in January. That's what I'm
being told.
Mr. Donald H. Warshaw (City Manager): I'm sorry, it's the 12th.
Vice Chairman Plummer: The 12th is what I'm being told. All right.
Commissioner Regalado: On the...
87 October 13, 1998
Commissioner Gort: Excuse me. On the dates...
Vice Chairman Plummer: The dates would be November the 17th and December the 8th.
Commissioner Teele: So moved.
Vice Chairman Plummer: It's moved by...
Commissioner Gort: I've got to check my...
Vice Chairman Plummer: Moved by Teele. Seconded by Regalado. All in favor say "aye.".
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed? It's unanimous.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-1006
A MOTION RESCHEDULING BOTH NOVEMBER COMMISSION
MEETINGS, PRESENTLY SCHEDULED FOR NOVEMBER IOTH AND
24TH, TO NOVEMBER 17, 1998; FURTHER RESCHEDULING BOTH
DECEMBER COMMISSION MEETINGS TO TAKE PLACE ON DECEMBER
8, 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.
Commissioner Regalado: On this matter, Mr. Chairman, that's been deferred --
Vice Chairman Plummer: Yes, sir.
Commissioner Regalado: -- until the 27th.
Vice Chairman Plummer: Well, it's now the 17th.
Commissioner Regalado: No, the next...
Vice Chairman Plummer: The next Commission meeting, all right.
Commissioner Regalado: Yeah, for the next Commission meeting. We -- I'm advising the administration
that I have requested from the City Attorney some opinions regarding the creation of the Community
Relations Board and I think that this City does really need a Community Relations Board. If the cost is more
than, I don't know, two hundred thousand dollars ($200,000), I'm willing to do a radio marathon to support
that.
Vice Chairman Plummer: That sounds like a winner. All right. So, Item 14 is continued until October the
88 October 13, 1998
27th. Moved by Regalado. Seconded by Gort. All in favor, say "aye."
Commissioner Teele: On this motion? On the motion?
Vice Chairman Plummer: On the motion.
Commissioner Teele: Mr. Manager, respectfully, I think this is a great idea. Particularly, establishing a
Miami Art Museum. I really think that this is something we should consider. I would also ask you to
consider this as a part of the legislative package, that we began at least the funding for the money of this, if
it's something that comes within the purview of the kinds of things we're going to have to weigh. And,
obviously, we're going to have to prioritize things but I think this is a great idea. I think one of the ways we
can celebrate our diversity is really through art and culture. I am very concerned in this context, that our
Parks Department has essentially few, if any, cultural resources. Unlike Dade County, where, you know, we
have four or five major art venues, one of them right here in the City of Miami. What's the huge auditorium
there? Didn't they rename it for Gloria Estefan? Dade County Auditorium.
Vice Chairman Plummer: Oh, down on Flagler Street.
Commissioner Teele: Even in the African American community we have the Caleb Center, we have the
African Culture Center, and I really do think we've got to do things other than arrest people and provide
enforcement. And so, I'm very, very supportive of what Commissioner Regalado's saying. The point that
I'm making, Mr. Manager, is that I really do believe that if you work with the Parks Department-- and I've
not discussed this with anyone, but I'm just looking at the Dade County Model -- that it may be that the
staffing of this could come from the Parks Department and not actually incur any new costs. It would seem
to me that the only cost that we really are required to have would be the publication cost of notices and some
costs maybe from the Clerk in terms of maintaining meetings and it would seem to me that some of the costs
could be in kind. I think we should look at these costs of all of these boards. And I would hope that we
would have a comparison, consistent with what Commissioner Regalado has said, of each and every board
when we look at this because some of these costs are going to be new costs and some of them can be
absorbed and I think we need to think through how we display this, but no one wants to propose something
that is going to cost a lot of money, especially if it's new costs, as opposed to costs that can be absorbed.
And I just respectfully urge you to consider those points of views and it may not be necessary to hire
anybody. There may be somebody in the Parks Department right now that has got a Ph.D. or a Master's
Degree in Theater or Culture it may be someone who dropped out of high school that's the most talented
artist in town, so I think we ought to look at that.
Vice Chairman Plummer: And your also two percent bed tax does create a fund of 20 percent for Cultural
and Arts within the County and we don't get any of the money. So, you might want to look in there to tap it.
OK. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposed? Show a unanimous ballot.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO.98-1007
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 14
(PROPOSED SECOND READING ORDINANCE AMENDING CHAPTER
II/ARTICLE XI OF THE CITY OF MIAMI CODE ENTITLED
"ADMINISTRATIONBOARDS, COMMITTEES, COMMISSIONS, TO
ESTABLISH THE CULTURE AND FINE ARTS BOARD) TO THE CITY
COMMISSION MEETING PRESENTLY SCHEDULED FOR OCTOBER 27,
1998.
89 October 13, 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: Item 15, non budgeted revenues. Mr. Regalado, this is your item. It was
originally set by Regalado and seconded by Gort.
Commissioner Regalado: I so move, Mr. Vice Chairman.
Vice Chairman Plummer: All right. Mr. BoonrBoom.
Mr. Manuel Gonzalez-Goenaga: Yes. Let me tell you, this is a very good...
Vice Chairman Plummer: The clock is not running.
Mr. Gonzalez-Goenaga: You see, that's my problem with you. You know, let me tell you something. I-- if
I were you -- if I were Mr. Carollo...
Vice Chairman Plummer: I'd commit suicide.
Mr. Gonzalez-Goenaga: No. I would appoint Mr. Teele Chairman of this committee because he has the
experience for many years in Dade County in the big leagues, number one. Number two, you are the only
rich -- the only representative from the rich here in this poor City of Miami. And number three, let me tell
you, I was an adversary of Mr. Teele and we get along very well because I also run for Mayor. Anyway...
Vice Chairman Plummer: Fine. Run for the City limits. Now, speak to the issue.
Mr. Gonzalez-Goenaga: The issue is very simple. In order to have a checks and balances a�d
accountability -- and I have mentioned this many, many times. We should also amend the charter of
organization to have the internal auditor of the City of Miami be appointed by the Commissioners so they
will be responsible directly to the Commissioner so we don't have the problems that we have had for so
many years. That if you don't...
Vice Chairman Plummer: I agree with that. Finally said something worth while.
Mr. Gonzalez-Goenaga: You know, he changes. He used to change the auditor. The auditor should be
responsible directly and appointed, just like the City Attorney by the Commissioners, to order an
investigation on management.
90 October 13, 1998
(AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE, BY TITLE INTO THE PUBLIC
RECORD.)
Vice Chairman Plummer: Mr. Manager, he's made a very good point. I think it's something that we need to
consider.
Mr. Gonzalez-Goenaga: It's not the first time I have said it.
Vice Chairman Plummer: And schedule it for the next agenda item, an internal audit which was directly
answerable to this Commission. OK? Read the ordinance. Call the roll.
Commissioner Regalado: Before you do, Mr. Vice Chairman.
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Last time we discussed the need to add some wording in terms of the two hundred
thousand dollar ($200,000) that are in dispute and I think it would be a show of good faith of this
Commission and this administration if we were to include in this ordinance that non budgeted revenues that
the City should prioritize the situation that we have in Overtown, if the administration and the City Attorney
agrees with.
Vice Chairman Plummer: All right, sir. Call the roll.
Vice Chairman Plummer: Did you read the ordinance?
Mr. Alejandro Vilarello (City Attorney): I did but I don't understand the Commissioner's request.
Vice Chairman Plummer: All right. Define what you said.
Commissioner Regalado: What I'm saying is that we should add some kind of language in terms of-- that
its the will of this Commission that if the administration agrees and the City Attorney agrees that on the --
on budget revenues that this account is going to get will prioritize the two hundred thousand dollars
($200,000) for the Overtown dispute that we've been having for many weeks. I think it's-- it would send a
clear message that this Commission is trying to rectify all the wrong things that have been done in the past.
Vice Chairman Plummer: My understanding, when this was originally discussed before, that it would take a
unanimous vote of this Commission for taking funds out of this account so that that would be protected. I
don't find that in this ordinance, Mr. City Attorney.
Commissioner Regalado: Right. That is correct.
Mr. Vilarello: There is no...
Commissioner Teele: None of the amendments that were read into the record the night of the budget-- the
night ... there were two amendments...
Vice Chairman Plummer: All right. So, it-- the amendment then would read, for any funds to be extracted
from this account and spent would take a unanimous vote of this Commission.
Commissioner Teele: Except that the first two hundred and fifty thousand dollars ($250,000) were to be
programmed as replacement funds in the disputed issue.
Commissioner Sanchez: Was it two hundred or two hundred and fifty?
Commissioner Teele: It was two fifty.
Vice Chairman Plummer: Until such time as that money has been repaid.
Commissioner Teele: Until such time that it's reimbursed to this account.
91 October 13, 1998
Vice Chairman Plummer: That's correct. All right.
Mr. Vilarello: With regard to what Commissioner Regalado said, if that's an expression of intent, that's fine,
that should not be included in the ordinance. The ordinance simply establishes the fund. If the Commission
wants to establish, by resolution, that the first two hundred and fifty thousand dollars ($250,000) will go for
that purpose, that's fine too. It just needs to be part of the separate piece of legislation. And there is no...
Commissioner Teele: What about the unanimous consent?
Vice Chairman Plummer: Can we do it today?
Commissioner Teele: Unanimous consent can be part of it.
Mr. Vilarello: Yes, sir. And my only concern with regard to unanimous consent to the expenditure of funds
from this account is, it would make it very difficult to spend any dollars out of this account.
Vice Chairman Plummer: That's exactly what we're trying to do. You wish to speak?
Ms. Julie Weatherholtz (Finance Director): Yes. Without changing anything...
Vice Chairman Plummer: If you'll tell us your name and mailing address, City Hall, we'll let you speak.
Ms. Weatherholtz: Julie Weatherholtz, the Finance Director, City Hall, Riverside Center. Without changing
anything that is currently in this ordinance or the intent of the ordinance, if it was possible as opposed to
opening a separate bank account to keep the funds in with the general account, even though we would still
continue to account for it separately in the financial statements, that would allow us to earn a higher interest
rate on it because currently, by pooling our cash, we can invest in large groupings of funds and earn greater
interests.
Vice Chairman Plummer: Mr. Regalado, you have a problem with that or you accept it?
Commissioner Regalado: I don't have a problem. I don't have a problem...
Vice Chairman Plummer: It makes sense.
Commissioner Regalado: But we have to be very -- make sure that this is a separate thing; that we are not
talking about, you know, emergency needs unless five members of the Commission say so. I don't have a
problem with that.
Ms. Weatherholtz: And we can do that in our accounting system for you.
Vice Chairman Plummer: OK. Call the roll.
92 October 13, 1998
An Ordinance Entitled -
AN ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND
ENTITLED "NON BUDGETED REVENUES" AND AUTHORIZING
THE CITY MANAGER TO OPEN A BANK ACCOUNT
("ACCOUNT"), IN CONJUNCTION WITH SAID FUND, WHICH
SHALL SERVE AS THE EXPLICIT DEPOSITORY OF
UNANTICIPATED REVENUES TO BE RECEIVED BY THE CITY
OF MIAMI AND UTILIZED AS DIRECTED BY THE CITY
COMMISSION FOR PUBLIC PURPOSE; FURTHER,
AUTHORIZING THE CITY MANAGER TO: (1) ACCEPT AND
DEPOSIT SAID REVENUES INTO SAID ACCOUNT AS THEY
BECOME AVAILABLE, (2) ENSURE THAT SAID REVENUE
FUNDS ARE NOT CO -MINGLED WITH OTHER CITY FUNDS OR
DEPOSITED INTO EXISTING CITY OF MIAMI BANK ACCOUNTS,
AND (3) EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THE
ACCEPTANCE OF SAID UNANTICIPATED REVENUES;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting of September 28, 1998, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Regalado, seconded by Commissioner
Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11714.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Vice Chairman Plummer: Now, that's separate legislation. What do we need to do on that?
Mr. Vilarello: If the expression was a request that the first two hundred and fifty thousand dollars
($250,000) from this established fund go to reimburse the CRA (Community Redevelopment Agency) for...
Vice Chairman Plummer: Why did you up it? He said two hundred.
Mr. Vilarello: I think he said two hundred fifty thousand.
Commissioner Gort: Two fifty.
Vice Chairman Plummer: OK. All right. Mr. Teele moves that the first two hundred and fifty...
Mr. Vilarello: Is that from revenues generated from the municipal parking lots in question?
Vice Chairman Plummer: Yes.
93 October 13, 1998
Commissioner Teele: And that upon the funds being paid by the CRA from the appropriate sources, the
funds will be returned to this account.
Vice Chairman Plummer: OK. And you need that in a resolution?
Mr. Vilarello: Yes.
Vice Chairman Plummer: Mr. Teele moves. Mr. Gort seconds. All in favor say, "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed? Show unanimous.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-1008
A MOTION DIRECTING THE CITY MANAGER TO EARMARK THE FIRST
$250,000 TO BE DEPOSITED IN THE NEW FUND FOR NON -BUDGETED
REVENUES FOR THE COMMUNITY REDEVELOPMENT AGENCY (CRA).
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.
23. (A) RESCHEDULE FIRST REGULAR MEETING IN NOVEMBER TO NOVEMBER 17, 1998
AT 10 A.M. - RESCHEDULE SECONDCITY COMMISSION MEETING IN NOVEMBER TO
NOVEMBER 17,1998, AT 2 P.M.
(B) RESCHEDULE SECOND CITY COMMISSION MEETING OF DECEMBER TO
DECEMBER 8, 1998, AT 2 P.M. (See label #21).
Vice Chairman Plummer: Let me comply with the Charter on the meetings that we changed. In the first
meeting the date is the same as normal but to comply with the Charter. The second meeting of that day will
start at two o'clock. And in the November meeting, the 17th is the new date and the second meeting would
also be at two o'clock in the afternoon. Mr. Gort moves. Mr. Regalado seconds. All in favor...
Commissioner Teele: That means you're going to have two separate agendas each day?
Vice Chairman Plummer: That is correct, sir. All in favor, say "aye."
The Commission (collectively): Aye.
Vice Chairman Plummer: Opposition? Show unanimous ballot.
94 October 13, 1998
The following resolutions were introduced by Commissioner Gort, who moved their adoption:
RESOLUTION NO. 98-1009
A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY
COMMISSION MEETING OF NOVEMBER TO TAKE PLACE ON
NOVEMBER 17, 1998 AT 10:00 A.M.; FURTHER RESCHEDULING THE
SECOND REGULAR CITY COMMISSION MEETING OF NOVEMBER TO
TAKE PLACE ON NOVEMBER 17, 1998 AT 2:00 P.M.
RESOLUTION NO. 98-1009.1
A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY
COMMISSION MEETING OF DECEMBER TO TAKE PLACE ON
DECEMBER 8, 1998 AT 2:00 P.M.
(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.
24. APPROVE FIRST READING ORDINANCE AMENDING CHAPTER 2, ARTICLE II, OF CODE,
ENTITLED: "MAYOR AND CITY COMMISSION", BY AMENDING SECTION 2-33(E)
CONCERNING POCKET ITEMS, TO PROVIDE THAT LEGISLATION ASSOCIATED WITH SUCH
ITEMS BE PRESENTED AND REVIEWED BY THE CITY MANAGER AND CITY ATTORNEY IN
ADVANCE OF MEETING.
Vice Chairman Plummer: Item 16. Mayor and Commission. Pocket items. It is the first reading. Moved
by? Hello.
Commissioner Teele: Teele.
Vice Chairman Plummer: Moved by Teele.
Commissioner Regalado: I'll second.
Vice Chairman Plummer: Seconded by Regalado. Is there any discussion? Read the ordinance.
Commissioner Gort: Wait a minute. I have a discussion. I have a question.
Vice Chairman Plummer: Discussion. Mr. Gort.
Commissioner Gort: My understanding is then, we no longer are going to have pocket items?
Vice Chairman Plummer: No, you can have pocket items.
Commissioner Gort: But my understanding, in reading from here and you know by experience, most of the
95 October 13, 1998
time staff...
Vice Chairman Plummer: Give them to him in the morning. We do them in the afternoon.
Commissioner Gort: The day before -- the day -- my understanding is, you have to wait four days? It have
to be turned in four days before it's heard? That's my interpretation.
Mr. Alejandro Vilarello (City Attorney): All non scheduled items shall be provided to the City Manager and
the City Attorney for review and recommendation in drafting of legislation at least four days prior to the
City Commission meeting.
Vice Chairman Plummer: Well, that eliminates pocket items.
Mr. Vilarello: Unless the City Commission unanimously waives that.
Vice Chairman Plummer: Oh, OK. But there is a provision.
Commissioner Gort: And that's fine -- that's fine with me. If that was up to me, I'd eliminate pocket items
all completely.
Vice Chairman Plummer: Well...
Commissioner Gort: (unintelligible)
Vice Chairman Plummer: That's all right. The commission has a right to overrule it.
Commissioner Gort: OK. Just want you to know.
Commissioner Teele: Well ... but how does this change the existing rule?
Vice Chairman Plummer: In the existing -- there is no existing rule. Pocket items just came up and when
they came up...
Mr. Vilarello: There was no requirement to be presented to the Manager and the City Attorney.
Commissioner Gort: There is one rule. There is one rule and we passed that ordinance that we presented,
that if it has a fiscal impact on the budget, we could not take a decision.
Vice Chairman Plummer: Oh, that. Yes, that's for sure. That's for sure.
Commissioner Gort: It would have to go back before it could be heard by this board.
Commissioner Teele: Does this ordinance specify the time that pocket items come up? Because I really
think they should — it should say that pocket items shall come up at the end of the meeting or something like
that.
Vice Chairman Plummer: No, that's -- I guess it's been the unwritten rule that they always...
Mr. Vilarello: The existing rule...
Vice Chairman Plummer: ...come up at the end of a Commission meeting.
Commissioner Teele: Would you read the existing rule then?
Mr. Vilarello: The conclusion of the regular scheduled agenda or 8 p.m., whichever occurs first, is the
designated time -- as designated as a time that such non scheduled items shall be introduced.
Vice Chairman Plummer: OK. Read the ordinance.
96 October 13, 1998
Commissioner Teele: Before you read the ordinance, Mr. Manager, Mr. Attorney, Mr. Chairman, I have
had some limited experience with the agendas. The agendas in the County go to print five days before the
meeting. I think one of the reasons that this City has this problem with pocket items is that we have on paper
a three week rule and then, with the Commission, what is it, two weeks?
Commissioner Gort: Right.
Commissioner Teele: I just think again -- I'm not going to propose anything but that is a -- that is totally
driven by someone who's working between 9 and 5, Monday through Thursday or Monday through Friday.
That is not a realistic schedule. We need to look at something that is more realistic. You know, five
working days at the County. The County's packet is about three times the size of this. And I just think its
something we ought to be thinking about. I'm not proposing anything.
Vice Chairman Plummer: All right.
Commissioner Teele: But the reason for pocket items is really-- because the schedule is so unrealistic, the
existing schedule. And is the existing schedule printed? Is there an ordinance or a rule on that anywhere,
Mr. Attorney?
Vice Chairman Plummer: Well, anybody can invoke the five-day rule.
Commissioner Teele: I understand that now. But I'm saying, this...
Mr. Vilarello: No. it's set as a matter of policy.
Commissioner Teele: This idea of two weeks in advance -- that after two weeks you can't get anything on
the agenda?
Commissioner Sanchez: It's four days.
Mr. Donald H. Warshaw (City Manager): There are a lot of issues regarding the preparation for the agenda.
The five-day rule is, we need to get to the agenda five days before the meeting but prior to that five days,
the legislation has to go through a series of hands, including the Law Department, has to reviewed by staff.
If everything were to come in seven days before, there's no way all those items would get on the agenda.
So, what we've tried to do is space that out by asking for the items to be there at least 10 days prior so there's
enough time for it to go through staff review.
Commissioner Teele: And my only point in this regard is, this agenda is not the staff agenda. It is the
Commission agenda. And I really believe that, at some point, the Commission should take responsibility for
establishing parameters. Seven days is fine for your staff. It could be 10 days or two weeks but I think
Commissioners, who have very limited budgets, very limited resources, should not be held to that standard.
Now, whether its five days or six days or seven days or ten days, I think that's something the Commission
should consider at the right time and this is the avenue by which to apply it and I'm going to be looking at
that over the next...
Vice Chairman Plummer: All right. This is first reading. So, anything that you wish to make as an
amendment prior to second reading, we can do. Mr. City Attorney, read the ordinance. (At this point, the
City Attorney read the ordinance, by title, into the public record). All right. BoomrBoom, I've got to give
you a minute. Is this public hearing?
Mr. Vilarello: This is first reading of an ordinance. It's...
Vice Chairman Plummer: Is it a public hearing?
Mr. Vilarello: As a matter of law, no.
Vice Chairman Plummer: No.
Mr. Gonzalez-Goenaga: Well, as a matter of input...
97 October 13, 1998
Vice Chairman Plummer: All right. You got a minute. Go.
Mr. Gonzalez-Goenaga: Well, let me tell you.
Vice Chairman Plummer: Only because you made a good suggestion before.
Mr. Gonzalez-Goenaga: Right. If we see and we follow the type of pocket items that have been passed here
through the years, you will see that they are huge pocket items and for me, the word pocket items means in
the pocket. And most of the time these pocket items, through the long history that I have been through here,
were not good for the citizens of Dade County -- of Miami. Thank you.
Vice Chairman Plummer: Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE II, OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MAYOR
AND CITY COMMISSION," BY AMENDING SECTION 2-33(E)
CONCERNING POCKET ITEMS, TO PROVIDE THAT LEGISLATION
ASSOCIATED WITH SUCH ITEMS BE PRESENTED AND REVIEWED BY
THE CITY MANAGER AND CITY ATTORNEY IN ADVANCE OF THE
MEETING AT WHICH THE ITEM WILL BE PRESENTED; CONTAINING A
REPEALER PROVISION, 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.
25. APPROVE FIRST READING ORDINANCE AMENDING CHAPTER 2, ARTICLE II, OF CODE
ENTITLED "MAYOR AND CITY COMMISSION, -- AMEND SECTION 2-330) CONCERNING
THE CALLING OF SPECIAL CITY COMIVIISSION MEETINGS, TO PROVIDE THAT A SPECIAL
MEETING MAY BE CALLED UPON THE WRITTEN REQUEST' OF THE MAYOR, OR THE
PRESIDING OFFICER OR THREE COMMISSIONERS TO THE CITY CLERK.
Vice Chairman Plummer: Item 16A. It's calling of a special meeting by either the Mayor or three members
of the Commission. I'm not going to be the Chairman or Vice Chairman forever. It would seem like, to me,
that the Chairman of the Commission should have the right to call a special meeting of the Commission.
No?
Mr. Alejandro Vilarello (City Attorney): That's fine.
Vice Chairman Plummer: I mean, I don't know how my colleagues feel but...
Commissioner Sanchez: I don't have a problem with it.
98 October 13, 1998
Commissioner Teele: I would offer to amend it, Commissioner, or second your motion that after the word
Mayor, the Chairman or three members.
Vice Chairman Plummer: I agree with that. OK. Read the ordinance. All right. It's moved by Teele.
Seconded by Gort. Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE II, OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED:
"MAYOR AND CITY COMMISSION," BY AMENDING SECTION 2-330)
CONCERNING THE CALLING OF SPECIAL CITY COMMISSION
MEETINGS, TO PROVIDE THAT A SPECIAL MEETING MAY BE CALLED
UPON THE WRITTEN REQUEST TO THE CITY CLERK OF EITHER THE
MAYOR, OR THE PRESIDING OFFICER OF THE COMMISSION, OR
THREE COMMISSIONERS; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Teele, seconded by Commissioner Gort, and was passed in first
reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Vice Chairman Plummer: And, for the record, the City Attorney wants me to be reminded, I'm not the
Chairman. I'm the Vice Chairman. So be it.
Vice Chairman Plummer: Item 17, first reading.
Commissioner Teele: Moved.
Vice Chairman Plummer: Of the ordinance. Order of business, rules of procedure to responsibility of the
agenda with the City Attorney.
Commissioner Teele: I move to defer the item.
Vice Chairman Plummer: All right. A move for deferment is usually always in order. A second by...
Commissioner Regalado: I'll second it.
Commissioner Sanchez: Second.
Vice Chairman Plummer: Seconded by Mr. Sanchez. I think, again, that will definitely be the case of
deferment until when, Commissioner Teele?
99 October 13, 1998
Commissioner Teele: Indefinitely.
Vice Chairman Plummer: Indefinitely. All right.
Commissioner Teele: No, no. I'll tell you. The first meeting in December.
Vice Chairman Plummer: Right -- the only meeting -- well, all right. Yeah, the first meeting in December.
Commissioner, I had talked with the City Manager about the possibility of considering, since you have made
very strong statements of keeping it within the City Commission, here again, as the City Attorney reminds
me, I'm not the Chairman but that the agenda be controlled by the Manager and by the Chairman of the
Commission, remembering prior to the new change of administration, it was the Manager and the Mayor
who was part of the Commission. So, I think, for your consideration, you might want to give that some
thought in the future. The matter is now for the purposes of deferment. All in favor, say "aye.".
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed? Show unanimous.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 98-1010
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 17
(PROPOSED FIRST READING ORDINANCE TO AMEND SECTION 2-33
OF THE CODE OF THE CITY OF MIAMI, ENTITLED: "ORDER OF
BUSINESS AND RULES OF PROCEDURE" TO VEST AGENDA
PREPARATION WITH CITY ATTORNEY) TO THE COMMISSION
MEETING PRESENTLY SCHEDULED FOR DECEMBER 8, 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.
27.'APPROVE FIRST READING ORDINANCE AMENDING CHAPTER 10 ARTICLE I, OF CODE
ENTITLED "BUILDINGS/ IN GENERAL", WHICH SETS FORTH FEES FOR BUILDING,
PLUMBING, ELECTRICAL, MECHANICAL, (INCLUDING BOILER AND ELEVATOR)
INSPECTION, PERMIT AND CERTIFICATE FEE --, TO MODIFY FEESFOR CONSTRUCTION
DEBRIS REMOVAL AND PROVIDE FOR EXEMPTION.
Vice Chairman Plummer: Item 18. The buildings in STET general fees for building, plumbing, electrical,
mechanical and eighty-seven thousand other reasons. Moved by...
Commissioner Gort: I'll move it.
Commissioner Sanchez: Second.
Vice Chairman Plummer: Moved by Gort. Seconded by Sanchez.
Commissioner Teele: What's the budgetary impact?
100 October 13, 1998
Vice Chairman Plummer: Budgetary impact.
Ms. Dena Bianchino (Assistant City Manager): Neutral. There's no budgetary impact.
Commissioner Gort: We're beyond -- we're above what we budgeted for
Vice Chairman Plummer: OK. Read the ordinance.
Vice Chairman Plummer: All right. This is where I'm going to interject my thoughts of earlier, which I
want you to look into. An office exist in one building, many floors. Because they have -- let's say, the
eighth and the sixth floor, the seventh was not available, I think it is preposterous the City is charging them
as two individual companies. I just think it's completely out of question. OK. Come back to me with a
written document and give it to me later.
Unidentified Speaker: OK. We'll do it.
Commissioner Gort: While you're at it, there's something I'd like to discuss.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: One of the problems that we've had and received a lot of calls and it's not directly with
you but the -- well, indirectly it is. I received a lot of calls of business being changed hands in different
places. I understand some time the grandfathering cannot be in and some of the time -- some of these
buildings been existence for a long time. And they were built according to the criteria, guidelines that we
had at that time. Then, when somebody changes ownership, we try to push them right away into the --
complying with the new ordinance. In some of the small business, it makes it very difficult to do so. That is
killing a lot of the small businesses. I think, somehow, we need to look into that and see how we can work
on it. Because it's very difficult when someone buys a business and they're not aware of all the expenditure
they have to do because that's not in any paper or any closing documents, where it tells the individual, look,
once you're -- we need to figure out what we can do on that so people are aware they're going to have some
changes, some additional expenditure, they should be aware of it.
Vice Chairman Plummer: All right. This is first reading, Dena.
Commissioner Gort: This is for you to come back. That's for you-- food for thought.
Vice Chairman Plummer: Come back on second reading, OK. Because I could tell you something. You are
losing some businesses. As expensive as they say Coral Gables, their fees are a lot less than ours and people
are going to the Gables instead of coming to the city, so you better be giving some thought to it.
Commissioner Sanchez: But, Mr. Vice Chair.
Vice Chairman Plummer: Yes, sir.
Commissioner Sanchez: My understanding is, they reduced the fee.
Vice Chairman Plummer: Joe...
Commissioner Gort: Talking about something else.
Vice Chairman Plummer: ...we're talking about other fees that are being paid. That Coral Gables is
supposed to be so expensive, are cheaper than the city and people are choosing to go there. Call the roll on
18.
Commissioner Regalado: Yeah, but I'd like to say that, you know, there was a need for this revision because
the fees were really bizarre. One person -- and I have to commend Santiago Jorge Ventura because he
understood immediately. I sent the Manager a memo. A guy did a job in Jackson Memorial Hospital that --
it was paid — he got paid about three hundred and sixty dollars ($360) to put a fence and the permit cost him
101 October 13, 1998
three hundred and sixty-six dollars ($366.00) so...
Vice Chairman Plummer: I'll give you one better. The Volvo people up here, they're putting a seven
hundred thousand dollars ($700,000) addition on their building, an addition to the service department, I think
we hit them with a fee a hundred and twenty-two thousand dollars ($122,000).
Commissioner Sanchez: Mr. Vice Chair.
Vice Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: If I may, this is a great move. Mr. Ventura should have a chance to explain it.
Give him about a minute. Because people watching it on TV need to know this. If he could have just a
minute.
Vice Chairman Plummer: Mr. Ventura. We've already passed it on first reading. All right. Item 19. We
did call the roll on 18, right?
Mr. Walter J. Foeman (City Clerk): No, we didn't.
Vice Chairman Plummer: Well, call it. What are you waiting for?
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 10, ARTICLE I, OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"BUILDINGAN GENERAL," WHICH SETS FORTH FEES FOR BUILDING,
PLUMBING, ELECTRICAL, MECHANICAL, (INCLUDING BOILER AND
ELEVATOR) INSPECTION, PERMIT AND CERTIFICATE FEES, TO
MODIFY THE FEES FOR CONSTRUCTION DEBRIS REMOVAL AND
PROVIDE FOR EXEMPTIONS; MORE PARTICULARLY BY AMENDING
SECTION 10-4(B) OF THE CODE CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Gort, seconded by Commissioner Sanchez, and was passed in first
reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
102 October 13, 1998
Vice Chairman Plummer: Item 19. It's a first reading to allow the City to use bids of other municipalities,
governments, counties, state and federal and it gives them the right to indemnify against.
Ms. Judy Carter (Director, Purchasing): Provided it is competitive.
Vice Chairman Plummer: As competitive. All right. Moved by Gort. Seconded by Regalado. Read the
ordinance. Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 18, ARTICLE III, OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"FINANCE/PURCHASING AND CONTRACTS GENERALLY," TO ALLOW
THE CITY OF MIAMI TO ACCEPT A COMPETITIVE BID WHICH HAS
BEEN SECURED BY OR ON BEHALF OF ANY FEDERAL, STATE,
COUNTY, OR MUNICIPAL GOVERNMENT, OR FROM ANY OTHER
GOVERNMENTAL ENTITY AND NOT -FOR -PROFIT ORGANIZATIONS;
AND TO EXEMPT THE CITY OF MIAMI FROM ALL COMPETITIVE
BIDDING PROCEDURES WHEN THE CITY ENTERS INTO AN
AGREEMENT WITH OTHER GOVERNMENTAL AGENCIES OR STATE
FUNDED INSTITUTIONS FOR THE PURCHASE OR ACQUISITION OF
NECESSARY SUPPLIES AND/OR SERVICES; MORE PARTICULARLY BY
ADDING NEW SECTIONS 18-106 AND 18-107; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING
FOR AN EFFECTIVE DATE.
was introduced by Commissioner Gort, seconded by Commissioner Regalado, and was passed in first
reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner 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.
103 October 13, 1998
29. FIRST READING ORDINANCE: AMEND CHAPTER 2/ARTICLE XI OF CODE, AS
AMENDED, ENTITLED "ADMMSTRATIONBOARDS, COMMITTEES, COMMISSIONS,TO
ESTABLISH UNITY COUNCIL OF MIAMI ("TUCOM");. — BRIEF 2 COMMENTS CONCERNING
INTERNAL REVENUE SERVICE RULINGS.
Vice Chairman Plummer: Item 20 is an ordinance, first reading. Administration, Boards, Committees,
Commissions to establish the Unity Council of Miami. Mr. Gort, it's your item.
Commissioner Gort: As you all recall, this item was funded on the first year. It no longer receives funding
from the City of Miami. At one time the County was going to deal with us but, unfortunately, the
department's going to do it, was not able to do it because no longer in existence.
Vice Chairman Plummer: This is to sunset?
Commissioner Gort: What we have done, we have run this Unity Council out of my office and right now
one of the programs that we have established -- and I'd like to sort of give you a report. The one thing we
found in all the meetings that we had with the different ethnic groups, that we need to find common
denominators. And I want you to know, one of the common denominators that first came to be implemented
is the Domino Tournament. You all been going to it. Now, we're going to continue with other art and
cultural events to bring a different communities together and this is being very successful.
Vice Chairman Plummer: Read the ordinance.
Commissioner Gort: Excuse me. My understanding is, no funds are to be applied to this?
Mr. Alejandro Vilarello (City Attorney): Pardon me?
Commissioner Gort: No funding from the City for this organization. It will all be done by private sector or
my office. I want to make that clear.
Vice Chairman Plummer: Moved by Gort. Seconded by Regalado. Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 2/ARTICLE XI OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ADMINISTRATIONBOARDS, COMMITTEES, COMMISSIONS, TO
ESTABLISH THE UNITY COUNCIL OF MIAMI ("TUCOM"); SET FORTH
TUCOM'S PURPOSE, POWERS, AND DUTIES; PROVIDE FOR TERMS OF
OFFICE, OFFICERS, MEETINGS; QUORUMS, REQUIREMENTS FOR
MEMBERSHIP, ATTENDANCE, AND FILLING OF VACANCIES;
AUTHORIZE THE ESTABLISHMENT OF A SPECIAL REVENUE FUND
FOR THE DEPOSIT OF REVENUES GENERATED BY TUCOM AND FOR
DISBURSEMENT OF FUNDS FOR BUDGET AND EQUIPMENT NEEDS,
AND TO PROVIDE FOR THE "SUNSET" REVIEW OF TUCOM EVERY
FOUR YEARS; MORE PARTICULARLY BY ADDING NEW DIVISION 8,
CONSISTING OF SECTIONS 2-1120 THROUGH 2-1124, AND AMENDING
SECTION 2-892 TO SAID CODE; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
104 October 13, 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
Vice Chairman J.L. Plummer, Jr.
Commissioner Arthur E. Teele, 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.
30. DEFER CONSIDERATION OF AGENDA ITEM 21 (PROPOSED FIRST READING ORDINANCE'
AMENDING SECTION 40-250 OF CODE ENTITLED "RIGHT OF CERTAIN PERSONS TO REJECT'
MEMBERSHIP" AS IT RELATES TO PENSION BENEFITS FOR CITY ATTORNEY / ASSISTANT'
CITY MANAGERS / ASSISTANTS TO CITY MANAGER) TO COMMISSION MEETING OF
OCTOBER 27, 1998 — SEE LABEL 74.
Vice Chairman Plummer: Item 21, a first reading. This is to allow certain individuals within the City
administration to become a part of a pension system, is that correct? For the record, give us the positions or
names of the individuals involved.
Ms. Sue Weller (Labor Relations Officer): You have the City Attorney, which would be a 20 percent
contribution; you have the special -- rather, the assistants to the City Manager and the Assistant City
Managers that would be covered by this, excluding the City Attorney. That would be four individuals in the
City Manager's office.
Vice Chairman Plummer: And annual cost?
Ms. Weller: As it's worded now, the annual cost will be over a hundred and fifteen thousand dollars
($115,000) as the ordinance is worded now.
Vice Chairman Plummer: And how do you wish to change it?
Ms. Weller: The City is suggesting that the City's contribution, for those other than the City Attorney, be
changed to a 12 percent contribution by the City.
Vice Chairman Plummer: And that makes it as an annual contribution of.
Ms. Weller: Of seventy -- approximately, seventy-two thousand with the City Attorney
Vice Chairman Plummer: All right. Is there a motion? Is there a motion?
Commissioner Sanchez: No, but there's plenty of discussion.
Vice Chairman Plummer: Well, we've got to have a motion and a second before we discuss. I'll ask again,
is there a motion?
Commissioner Regalado: I'll move for the purpose of discussion.
Vice Chairman Plummer: Moved by Regalado. Is there a second?
Commissioner Teele: Second.
105 October 13, 1998
Vice Chairman Plummer: Seconded by Teele. Under discussion. Who wishes to discuss?
Commissioner Sanchez: I do.
Vice Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Let me just elaborate a little bit on this. You know, the City Attorney's contract,
which is already a contract. It falls under the rules. I am not so concerned. But I am concerned that, at this
time, when our City has basically thrown the ball at the other court and asked our citizens to pay higher
taxes, that we are going to put this out today and have the Commission vote on this, although, I could
swallow 12 percent but even to have -- even to request a 20 percent is unacceptable. And I'll tell you why
it's unacceptable. And this is just the way I feel. Is that these individuals are hard working people but now
is the wrong time to ask the taxpayers to pick up the ball on this. Through it all, I have one question, the 12
percent, how much are we looking at per year?
Commissioner Gort: Forty-three thousand.
Ms. Weller: You're looking at -- without the City Attorney, you're looking at forty-three thousand eight
hundred and ninety dollars ($43,890).
Vice Chairman Plummer: Does that answer your question?
Commissioner Sanchez: Yes, it does.
Vice Chairman Plummer: Mr. Regalado, you got any questions? Mr. Gort? It's now on the floor. It's
legitimate. Any further discussion? Read the ordinance.
Commissioner Regalado: You're saying -- just one second. You're saying 12 percent is forty-three thousand
dollars ($43,000)?
Ms. Weller: Yes, sir.
Commissioner Regalado: Even if we were not to approve this, the City Attorney will still-- although, he's
included -- will have to make some legislation different for the City Attorney, is that correct?
Mr. Alejandro Vilarello (City Attorney): In order for it to be provided, there must be some legislation
adopted.
Ms. Weller: May I say...
Vice Chairman Plummer: Well, are you getting in a problem with IRS (Internal Revenue Service)?
Ms. Weller: No, sir. As long as the ordinance is changed to reflect what we're doing...
Commissioner Regalado: Which are the names of the...
Vice Chairman Plummer: Yeah, but on IRS (Internal Revenue Service) you've got to be across the board
and you can't delete anybody selectively. So I'm asking, is there a problem? I remember that from pension
board.
Ms. Weller: Well, Commissioner, this-- these...
Vice Chairman Plummer: You can get an answer before the second reading on that. Now, I really don't
want to see it modified but is there to be a modification of this ordinance? Let's lay it on top of the table.
Commissioner Regalado: No, no, no. I'm asking...
Commissioner Sanchez: J.L., I'll tell you...
Vice Chairman Plummer: Are you going to exclude the City and do him on a separate legislation or are you
106 October 13, 1998
going to include him? Because the motion before us includes him "as others." So, without an amendment,
that included.
Commissioner Sanchez: Mr. Vice Chair, I'm not concerned with the IRS. We should all be concerned with
the tax payers of this City.
Vice Chairman Plummer: Excuse me. You have to be concerned if their rules say you can't do it and there
are certain rules. Mr. Warshaw.
Mr. Donald H. Warshaw (City Manager): Commissioners, these four individuals, in response to
Commissioner Regalado's question, are Dena Bianchino, Raul Martinez, Marva Wiley, and an additional
Assistant City Manager, who we've been recruiting and negotiating for. These would be the only four
people, permanent employees of the City, who didn't have pension benefits. The issue that is before you is
to put them into the GESE (General Employees and Sanitation Employees) Pension Plan, which requires
10-year vesting. Assistant City Manager and people of this level just don't have a history of being here for
10 years, so this is being set up so that they would have some kind of a pension plan. I don't have a problem
with 12 percent, with an eight percent contribution on the part of the individual employee. But in order to be
competitive, to be able to hire people — even in the situation with Raul Martinez, similar to me, who is going
to retire from the Police Department, he wouldn't have any retirement plan and the same thing goes for
Dena, who is an Assistant City Manager, Marva Wiley, who is an assistant in my office. They have no
retirement benefits. So I agree, the 20 percent is applicable to the City Attorney as part of this contract.
Commissioner Sanchez: Mr. City Manager.
Vice Chairman Plummer: Let's bring it to a close, OK? Mr. Sanchez.
Commissioner Sanchez: I have nothing against these individuals. These are hard working people here in
the City but I'm -- just -- this is not the right time to do this. I mean, it's absurd for us to send this message
out there, at least to people I represent. Let me tell you, today — tonight, you and whoever votes on this, will
be talk of the tonight at every talk show because what's happening here -- I mean, it's unbelievable. We just
passed a brunt to the taxpayers and we're giving raises to people. It's uncalled for. It's unbelievable.
Vice Chairman Plummer: Let's either fish or cut bait. Mr. Regalado, you made a motion. It was seconded.
Now, unless the motion is modified or deferred, let's fish or cut bait.
Commissioner Teele: I move to defer.
Vice Chairman Plummer: The motion to defer is made by Commissioner Teele. Seconded by...
Commissioner Regalado: I --
Vice Chairman Plummer: Wait, wait. Hold on. Is there a motion? Is there a second to his motion?
Commissioner Regalado: I'll second the motion.
Vice Chairman Plummer: All right.
Commissioner Teele: Look, I think Commissioner Sanchez has a point. The timing is-- we need -- you
know -- but I'm appealing to Commissioner Sanchez rather than voting no. Let's see if we can get a better
window, a better time. I mean, I don't mean to put you on the spot, Commissioner.
Commissioner Sanchez: No, no, let's vote. Let's vote.
Commissioner Teele: You want to vote.
Commissioner Sanchez: I'm going to vote no. Let's vote. It's fish or cut time. Let's do it. Let's vote. Let's
not play games.
Vice Chairman Plummer: Let's give a date certain. Mr. Manager, how about November the 17th?
107 October 13, 1998
Mr. Warshaw: Fine.
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Sir.
Commissioner Teele: Is there a tax year implication on this?
Mr. Vilarello: Yes, sir. For my position, there is a tax year problem. If you defer until that period of time,
we won't have an effective ordinance prior to the end of the tax year.
Vice Chairman Plummer: What about the 27th of October? Will that hold you?
Commissioner Teele: That's next meeting?
Vice Chairman Plummer: Then we should be able to advertise before December 8th; however, it creates the
same...
Vice Chairman Plummer: All right. It's deferred until October 27th and that's...
Commissioner Gort: On the deferment?
Vice Chairman Plummer: The deferment, yes, sir.
Commissioner Gort: I want to send a message to staff and I'll talk to the Manager about it and I'll tell him
how I felt. It was exactly the same way Commissioner Sanchez feels. At the same time and during my
research -- and you put me to do my homework -- on the deficit created by Miami, every one of these
individuals deserves that and a lot more. They're hard working individuals. They were providing a good
salary for it. The only problem that we have, in looking at the Gates case, one of the biggest problems that
we had is those people that were full vested within two or three years. That's what could create a lot of the
problems that we have today. So, that's the one thing you have to look at. I understand the GESE board is -
10 years to be fully vested. Is it 10 years to be fully vested?
Ms. Weller: Ten years.
Commissioner Gort: Now -- but if you have five years or two years, you receive a percentage of that, don't
you?
Mr. Charlie Cox: With GESE?
Commissioner Gort: GESE. No, not at all. If you leave this city...
Mr. Cox: A few years ago, if you had one year vested.
Commissioner Gort: My question is, if you leave the city before 10 years, you don't get any at all? Just the
money you put in?
Vice Chairman Plummer: You're not vested.
Ms. Weller: That's correct.
Commissioner Gort: OK.
Mr. Cox: You take a penalty -- as a matter of fact, you take a penalty, a 25 percent penalty on the interest if
you leave the City before 10 years. So, in other words, all of these people - and they only get four percent.
If they were to go in GESE -- I mean, fairness is fairness. Look at the State plan. The State plan, which no
employee has to contribute to, that you're a part of, the cost of that is 28 percent. Let's don't lie to anybody.
The cost of the State plan is 28 percent. If these people were to go into our pension plan and they leave
108 October 13, 1998
before 10 years, they only get four percent interest for every year they're there. That's the bottom line. And
if they leave before 10 years, they take a 25 percent reduction, which, when you think about it, then it only
equals three percent.
Vice Chairman Plummer: Thank you, Charlie.
Mr. Vilarello: Commissioner, I need to correct-- if the ordinance is adopted December 8th, it's effective 30
days afterwards, it puts us into the next tax year.
Vice Chairman Plummer: No, we're talking about October 27th.
Mr. Vilarello: That's right, for first reading. Then advertising could not take place until after November
17th, which would put you into December 8th for those second reading, and it puts us into the next calendar
year.
Vice Chairman Plummer: Well, look, it's not going to pass otherwise, OK. So, I'm sorry. It's deferred. All
in favor of the deferment until the 27th of October, in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposed? Show unanimous ballot.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 98-1011
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 21
(PROPOSED FIRST READING ORDINANCE TO AMEND SECTION 40-250
OF THE CODE OF THE CITY RELATED TO PENSION BENEFITS FOR
THE CITY ATTORNEY, ASSISTANT CITY MANAGERS, AND
ASSISTANTS TO THE CITY MANAGER) TO THE COMMISSION
MEETING SCHEDULED FOR OCTOBER 27, 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
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
109 October 13, 1998
Vice Chairman Plummer: Item 22. Item 22 is Bayfront Park. This is already work that's been authorized.
This is just to give the amount of the payment.
Commissioner Sanchez: Move.
Vice Chairman Plummer: Moved by Sanchez. Seconded by Gort. Any further resolution? Any other
discussion? All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show unanimous ballot.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1012
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS
OF THE CITY COMMISSION, RATIFYING, APPROVING, AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY,
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS,
AND APPROVING THE EMERGENCY REPAIR OF THE AIR
CONDITIONING SYSTEM AND RELATED WORK IN THE SOUTH
SERVICE BUILDING AND AMPHITHEATER LOCATED IN THE
MILDRED AND CLAUDE PEPPER BAYFRONT PARK (`BAYFRONT
PARK") BY ENVIRONMENTAL CONTROL, IN THE AMOUNT OF
$11,047.43; 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 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.
110 October 13, 1998
Vice Chairman Plummer: Item 23 relating to St. John's Apartment Project. It's a resolution and it is with
the Comprehensive Plan of 2000 affordable to low, moderate income families and individuals. Is there any
problem? Moved by...
Commissioner Gort: Wait a minute.
Vice Chairman Plummer: All right.
Commissioner Gort: I don't know. Who's the director of this?
Commissioner Sanchez: Whose district is it in?
Vice Chairman Plummer: Brother Ben. My lord.
Mr. Donald Benjamin: What was the question?
Commissioner Sanchez: Which district is it?
Vice Chairman Plummer: Who's the director?
Commissioner Gort: Who's the director?
Commissioner Regalado: Commissioner Teele.
Mr. Benjamin: St. John, that's in Overtown.
Vice Chairman Plummer: Who is the director of St. John?
Mr. Benjamin: Donald F. Benjamin. That's me.
Vice Chairman Plummer: You're looking at him.
Commissioner Gort: Staff, you recommend?
Mr. Jeff Hepburn (Assistant Director, Housing): Yes, we do.
Commissioner Gort: Move it.
Vice Chairman Plummer: If he's in charge, I don't know if we ought to vote on it. That's all right. Moved
by Gort. Seconded by Sanchez. Have I got a quorum? I do.
Commissioner Sanchez: No, I didn't second it.
Vice Chairman Plummer: All in favor, say "aye."
Commissioner Sanchez: Wait, I did not second that.
Vice Chairman Plummer: Yes, you did.
Commissioner Sanchez: No, I did not.
Vice Chairman Plummer: You did not. Does that indicate you're going to vote against it?
111 October 13, 1998
Commissioner Sanchez: No, but I didn't second it.
Vice Chairman Plummer: The Chair will second the motion. All in favor, say "aye."
The Commission (Collective): Aye.
Vice Chairman Plummer: All opposed? Show unanimous ballot.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-1013
A RESOLUTION CERTIFYING THAT THE ST. JOHN APARTMENTS
PROJECT, PHASE I, PREVIOUSLY CONSTRUCTED BY ST. JOHN
COMMUNITY DEVELOPMENT CORPORATION IS AFFORDABLE TO
LOW AND MODERATE INCOME FAMILIES AND INDIVIDUALS AS
DEVELOPED AND THAT THE PROPOSED 108 UNIT ST. JOHN
APARTMENTS HOUSING PROJECT -PHASE IV, BEING PLANNED FOR
ACQUISITION/REHABILITATION BY ST. JOHN COMMUNITY
DEVELOPMENT CORPORATION IN THE OVERTOWN TARGET AREA,
ARE BOTH CONSISTENT WITH THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989-2000 AND THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM CONSOLIDATED PLAN;
DIRECTING THE CITY MANAGER TO FORWARD A COPY OF THIS
RESOLUTION TO THE STATE OF FLORIDA'S OFFICE OF TOURISM,
TRADE AND ECONOMIC DEVELOPMENT PURSUANT TO SECTION
220.183, FLORIDA STATUTES IN CONNECTION WITH THE
COMMUNITY CONTRIBUTION TAX CREDIT PROGRAM.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Tomas Regalado
112 October 13, 1998
Vice Chairman Plummer: OK. Item 24. A resolution for the proposed Lyric Village Housing Project. Also
by St. John. And this one here is in the amount of a half a million dollars ($500,000).
Mr. Jeff Hepburn (Assistant Director, Housing): A million dollars ($1,000,000) total, Commissioner.
Vice Chairman Plummer: OK, a million total. Wow! You've done a lot of praying for this one. OK. Is
there a motion? Moved by Gort. Mr. Sanchez?
Commissioner Sanchez: Which item is that?
Vice Chairman Plummer: Item Number 24.
Commissioner Gort: My understanding, this was a commitment. it was made before and it was a second
part...
Vice Chairman Plummer: Long time ago.
Commissioner Gort: ...that was made about two years ago. And this is the second part.
Vice Chairman Plummer: Seconded by Mr. Teele.
Commissioner Gort: Second part of the project.
Vice Chairman Plummer: All right. Motion by Gort. Seconded by Teele for the Lyric Village Housing
Project. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show unanimous ballot.
113 October 13, 1998
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-1014
A RESOLUTION RELATING TO THE DEVELOPMENT OF THE
PROPOSED LYRIC VILLAGE HOUSING PROJECT, A 96-UNIT
AFFORDABLE HOMEOWNERSHIP PROJECT ("PROJECT") PLANNED
FOR DEVELOPMENT IN THE OVERTOWN TARGET AREA BY ST. JOHN
COMMUNITY DEVELOPMENT CORPORATION, LOCATED AT
NORTHWEST 6TH AND 8TH STREETS BETWEEN NORTHWEST 1ST
AND 2ND AVENUES, MIAMI, FLORIDA; REAFFIRMING THE CITY OF
MIAMI'S COMMITMENT TO THE AFOREMENTIONED PROJECT OF
$500,000 IN FISCAL YEAR 1997-98 HOME PROGRAM FUNDING FROM
PROJECT ACCOUNT NO. 198006-630201 AND $500,000 FROM THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ("PROGRAM
INCOME") FROM PROJECT ACCOUNT NO. 799201-045620, PURSUANT
TO MOTION NO. 97-505, ADOPTED JULY 24, 1997 AND RESOLUTION
NO. 97-759, ADOPTED BY THE CITY COMMISSION ON OCTOBER 28,
1997; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
THE APPROPRIATE DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR DISBURSEMENT OF SAID FUNDING.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Vice Chairman Plummer: Item 25. A resolution...
Commissioner Teele: Before you leave 24.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Manager, the people are here from the Lyric Village. We review this project-- I
review this project as a Commissioner that represents this district. This project has a lot of problems and
needs full support. The developer was proposing to develop in a manner that, I think, is inconsistent with
this community and I think we've worked through all of those issues. But the point that I want to make here,
Mr. Manager, is that there is a very real need to coordinate within the CRA (Community Redevelopment
Agency) how development proceeds and I think, without getting into a discussion, which I said I will not
raise today, that there needs to be a sense of coordination and I would be hopeful that, in the future, that
these memorandums would contain a reference to the fact that this has been coordinated; there is consensus,
and we're not operating independently or, in some cases, cross purposes and in other cases we're going to be
operating inconsistent because, as I've said before on this mod rehab stuff, you know, we're going to have
some serious discussions about any more of that that goes into this area or into that Germ City area. But the
point that I'm making is that I think it's important that the community be kept informed and I really do think
that, on these development matters, there should -- these should be public hearings and they should be
noticed and the public should know what we're doing when we talk about spending CDBG (Community
Development Block Grant) funds. I realize this is not the expenditure of the funds but I think these decisions
114 October 13, 1998
are getting made. It's sort of like what we saw, you know, Commissioner, about liquor licenses and those
things. We need to let the public know what we're doing and it needs to be done in a public manner when
we're dealing with land use issues in the City, especially if it's grants. So...
Vice Chairman Plummer: And, Mr. Teele, this one here -- the reason I don't want to say it too loud, it's an
embarrassment that it's taken this long.
Commissioner Teele: Yes, sir.
Vice Chairman Plummer: OK. It should have been done a lot sooner than today but today, finally-- as my
mother said, all that ends well is well. Item-- did we call the roll on that, Mr. Clerk?
Mr. Walter J. Foeman (City Clerk): Yes.
Vice Chairman Plummer: We did.
Mr. Benjamin: Thank you very much.
Vice Chairman Plummer: We're now on Item 25. Request for proposals to obtain a qualified financial
adviser. Moved by Gort. Seconded by Teele.
Ms. Rosa Green: Excuse me.
Vice Chairman Plummer: I'm sorry.
Ms. Green: I was here and I wanted to speak about that Lyric Village.
Vice Chairman Plummer: Ma'am, I'm sorry. I didn't know that that's what you want...
Ms. Green: As big as I am, Mr. Plummer.
Vice Chairman Plummer: Ma'am, stand right at the microphone. Give us your name, mailing address and
you've got two minutes for sure.
Ms. Green: Rosa Green, 415 Northwest 6th Street, Overtown.
Vice Chairman Plummer: Proceed.
Ms. Green: I'm concerned about this -- I guess it's over with now -- of the Lyric Village in the low income
houses community block grant. I am appalled. I've been following around the -- well, I guess the politics
are going around, finding out things about the community that I really didn't know how things were handled.
And finding -- because I'm a victim of it — the abuse that they do with the low income houses. They get the
houses; they rent them out, and they let the renters stay in there for 13 years and then they sell it and charge
you two hundred and seventy-five dollars ($275.00) more of rent. As a matter of fact, in low income
housing -- house, I'm paying six hundred and seventy-five dollars ($675.00). I'm angry. I think you all
should know about it. I think we should have legislation that would prevent anybody from staying in those
houses for two years and then going in another state buying a bigger house. And I imagine to do the same
thing. I am a retired teacher but I began teaching very late in life, after raising six grown children and one
went to serve this country, a Marine, who came home and couldn't even find a job. Now, he has a job
maybe doing something that he would not like to do but he had to take something because I couldn't afford
to continue paying the high rent. Now, I know that you guys get up here but in 25 years of Community
Development Block Grants, which I understand was supposed to be developing block by block, how long
does it take you to develop the first block? I am very happy that we were able, not long ago-- last week, as
a matter of fact, to open a medical clinic, state of the art, very beautiful. Goes to show you, it can be done in
Overtown. I like there. As a matter of fact, if you raise the rent so high, I think I'll sit to the post office with
that homeless man with my cup. They live much better. You punish people -- not you per se -- but they
punish people who choose to work for a living. And when I didn't make enough at one job, I got me two
because I had six children. And I didn't live on welfare and I never been on Section 8 but let me try to get
on it, after paying taxes in this man's City and State all of my life. Please consider that and consider the
115 October 13, 1998
abuse. Let's have accountability. Let's find out what these people say they're doing and don't just do it to be
doing it. Let's clean up the city of Overtown first and then let's try to get some people, maybe some people
that will come back and keep it clean. Thank you, very much.
Vice Chairman Plummer: Thank you, Miss Green. And to the administration, I think she raises some points
that should be answered and I would hope that you would meet with her and give this Commission a
briefing as to what you feel she has -- anything that we can do to eliminate that in the future.
34. AUTHORIZE CITY MANAGER TO ISSUE REQUEST FOR PROPOSALS (RFP) TO OBTAIN'
QUALIFIED FINANCIAL ADVISOR TO PROVIDE BROAD SCOPE OF PROFESSIONAL'
FINANCIAL SERVICES TO THE CITY OF MIAMI.
Vice Chairman Plummer: Item 25 is to an RFP for a qualified financial advisor. Moved by Teele.
Seconded by Gort.
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: This is long overdue and I commend you, Mr. Manager and your staff, for getting
around to this very important issue. I -- you know, Homestead, with all due respect has, got a financial
advisor and Opa Locka, with all due respect, have got financial advisors and if you're doing bonds -- if you
have bonds, you know, you need -- just to be able to evaluate what you're not doing or what you are doing
and I particularly would ask that the Knight Center be a high priority. Now, I think it's important that we
use, Mr. Manager, all of these Blue Ribbon Committees, as a way of thanking them, to participate in some
of these things. I really do think that these kind of committees, like the financial advisor, like the insurance
issue that we deferred today, these are very good kinds of areas where we really ought to let the people that
have come in here and helped us participate and I think they will appreciate it, so my request is, respectfully,
that, in putting together this RFP (request for proposal) or RFQ (request for qualification}- RFP...
Vice Chairman Plummer: RFP.
Commissioner Teele: RFP. ...that you have outside -- majority of outside people that have preferably
worked in the area of the Blue Ribbon Committee, whether it be the Stierheim Committee or the Goode
Committee or any of the others, and I really do think that the Mayor's office should be consulted in this
matter as well, notwithstanding...
Vice Chairman Plummer: OK.
Ms. Judy Carter (Director/Purchasing): We totally agree with you, sir, and we've already begun that practice
in previous RFPs. We have, in fact, solicited the services of those individuals that have served on those
various panels.
Vice Chairman Plummer: The Finance Director wants to say something. Everybody wants to editorialize.
Ms. Julie Weatherholtz (Finance Director): Yes, I agree with the Commissioner, that it would be very
important to have a financial advisor on board. Currently, out of the strategic initiatives given to us by the
Oversight Board, they can address 31 one of those issue by using a financial advisor. They will help us out
in the Debt Management and Policy section, which will be a large portion of their task, but they can also
assist us in strategic planning and budgeting. They can also help with certain controls that we can set up in
the Finance Department and also establishing reserves and with our credit rating also. So, it would definitely
be a big advantage to the City.
Commissioner Teele: Commissioner Plummer, you have been very patient with your time. I just want to
make one point in light of what she's saying.
Vice Chairman Plummer: Sure.
Commissioner Teele: There is no budget associated with this yet. Usually, financial advisors, I would
116 October 13, 1998
assume -- Commissioner Gort, if I'm wrong, correct me. But usually they're paid out of bond proceeds --
bond issues.
Vice Chairman Plummer: Soft dollars.
Commissioner Teele: Our work right now is really not going to be bond oriented and more analysis and
work. Mr. Manager, respectfully again, I would urge you to forward to the Oversight Board a request to use
the -- to have the financial advisor paid for from within the strategic reserve so that we can begin-- and I
think there's a logical justification, so that it really does become a matter and if there are bonds, they could
be paid also from bonds. But I think the front end is going to be a lot of brain power and analysis and the
kind of stuff that I think the Commission is into. I would, specifically, ask that the financial advisors' task
include the ability to advise the Commission and that's consistent with the way most financial advisors work.
I know, if you look at the ordinance in Dade County, the financial advisor has a specific obligation, Madam
Director, to object to the Finance Department's recommendations if they don't agree and I would like to
maintain that kind of independence, consistent with what Commissioner Plummer and Commissioner Gort
were saying earlier, and even the self-appointed expert was saying earlier, Mr. Goenaga, about that check
and balance being very important. And I would just gratuitously ask you to consider those things.
Vice Chairman Plummer: All in favor of Item 25, say "aye". Opposed? No, it's not a public hearing.
Mr. Manuel Gonzalez-Goenaga: Yes. But we are allowed to speak in the -- in Metro -Dade we are allowed
to speak on resolutions.
Vice Chairman Plummer: Yeah, but you don't go there anymore because they threw you out.
Mr. Gonzalez-Goenaga: Because they love me there, Mr. Plummer.
Vice Chairman Plummer: They love you so much, they don't let you in the door.
Mr. Gonzalez-Goenaga: If you start loving me, I will depart. Let me tell you, in addition, in addition,
maybe the best financial advisor that we could have at the present time is the investigation of the Securities
and Exchange Commission. That is my understanding that they are investigating the previous bond issues
of the City of Miami.
Vice Chairman Plummer: Thank you, sir.
Mr. Gonzalez-Goenaga: I love to receive a report from them.
Vice Chairman Plummer: All in favor of Item 25, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposed? Show unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-1015
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A
REQUEST FOR PROPOSALS (RFP) TO OBTAIN A QUALIFIED
FINANCIAL ADVISOR TO PROVIDE A BROAD SCOPE OF
PROFESSIONAL FINANCIAL SERVICES TO THE CITY OF MIAMI ON
BEHALF OF THE DEPARTMENT OF FINANCE; FURTHER
AUTHORIZING THE CITY MANAGER TO EVALUATE SAID PROPOSALS
AND PRESENT THEM TO THE CITY COMMISSION, IN RANK ORDER,
FOR ITS REVIEW AND CONSIDERATION.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
117 October 13, 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.
35. ACCEPT BID OF PERSONAL SAFETY EQUIPMENT CO., INC. -- FOR PROVISION OF
RESCUE ''MINERS BOOTS --- FOR FIRE -RESCUE; -- ALLOCATE $29,800 FROM TURBAN
SEARCH AND RESCUE GRANT, ACCOUNT CODE NO.313826.1802801.6.840.
Vice Chairman Plummer: Twent}4six.
Commissioner Gort: Move it. The reason I...
Vice Chairman Plummer: Moved by Mr. Gort. Seconded by Mr. Regalado. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed? Show unanimous.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-1016
A RESOLUTION ACCEPTING THE BID OF PERSONAL SAFETY
EQUIPMENT CO., INC., FOR THE PROVISION OF RESCUE MINERS
BOOTS FOR THE DEPARTMENT OF FIRE -RESCUE, AT A TOTAL COST
NOT TO EXCEED $29,800.00; ALLOCATING FUNDS THEREFOR FROM
THE URBAN SEARCH AND RESCUE GRANT, ACCOUNT CODE NO.
313 826.8 02 801.6.840.
(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.
118 October 13, 1998
36. APPROVE DECISION MADE PURSUANT TO THE CHIEF 'PROCUREMENT OFFICER'S;
AUTHORITY UNDER SECTION 18-99 OF THE CODE OF THE CITY OF MIAMI, TO REJECT THE
PROTEST FILED BY MEDA:PHIS, INC. IN CONNECTION WITH REQUEST FOR PROPOSALS'
NO. 96-97-110 FOR EMERGENCY MEDICAL 'TRANSPORT BILLING AND/OR COLLECTION'
SERVICES.
Vice Chairman Plummer: Item 27. Pursuant to a decision of the Chief, now 27, 28 and 29 are lumped
together. The Chief is going to make a recommendation on all three. Stand up get and get the rocks thrown
at you.
Mr. Carlos Gimenez (Fire Chief): OK. We recommend that on Item 27 the Commission approve the
rejection of the protest. On Item 28, that the Commission again reject the protest. And on Item 29, the
Commission reject the RFP and allow the administration to enter competitive negotiation with the three
firms.
Vice Chairman Plummer: All right.
Commissioner Sanchez: I have a question on that.
Vice Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: What concerns me with this item is it, you know, it sends out a wrong signal and
the thing that I want to ask the City Attorney is that - you know, the City Attorney and staff was there when
the RFP (request for proposal) was given. They were in attendance when the presentation was made and
they were also involved in recommendation and now they're denying -- now, they've come to this
conclusion. Why is this? Why all this confusion over this?
Ms. Marva Wiley (Special Assistant to the City Manager): Commissioner, the reason that we're suggesting
that you...
Vice Chairman Plummer: You can speak if you tell us who you are.
Ms. Wiley: Marva Wiley, City Manager's Office. I apologize. The reason we're suggesting that the RFP be
rejected at this point is because two of the firms feel that there was something unfair about the process while
I, from a purchasing standpoint, feel that it's defensible, the City Attorney says there's some vulnerability
from a litigation standpoint. So, in the interest of meeting the various objectives here, one, getting
emergency medical transport billing and/or collections settled as fairly and as quickly as possible, which
we're allowed to do through this competitive negotiation process, and two, eliminating any vulnerability for
a litigation down the line.
Vice Chairman Plummer: That answers your question?
Commissioner Sanchez: Yes, it does. I respect the opinion of the attorney but what it does, it sends out a
wrong message. We've been back and forth on this item and here we have three great companies that are
willing to do business with the City and one or two or maybe all three of them are going to leave upset here
because of the final process.
Ms. Wiley: I don't think any will leave upset from here because they're all going to have an opportunity to
participate in the competitive negotiation process. We feel we have a qualified pool now to move forward
and do the competitive negotiations.
Commissioner Sanchez: Hey, I'm for competitive. Maybe now, this time, we'll get a cheaper price and we
could make more money. I don't know. It will be in the best interest of the City.
Vice Chairman Plummer: All right. Mr. Gort.
Commissioner Gort: I think I've stated this in the past and it's not concerned with any of the individuals in
front of us today, but I've always stated, if we're going to have a process and we could not live up to that
119 October 13, 1998
process, then let's do something about it. Because I hate to have all these people pulling over, taking time
from their busy schedule to sit down and read all this because if you're sitting in any of those boards, you got
to do a lot of reading, spend a lot of time analyzing, looking at it and being-- going through presentations,
then they make a decision, they make a recommendation, that comes to us, then -- I've been told that this
might be challenged, this might be taken to court. That's going to happen to every bid that we do and we're
going to be going to court every day so, somehow, I think we better modify that system and we make sure
that system is court approved because we're always going to have losers. The losers are always going to
appeal. The losers always going to feel that it was done wrong and they're going to appeal for it. So,
somehow, staff better find a procedure and get together with the attorneys and see if we can get all the
attorneys to come up with a system that we can defend in court so we don't have to go through all this. Now,
my understanding is, what our attorney is saying is, what's going to happen, we have two major firms in here
represented by very well-known attorneys, which will go to court and this thing could be in court for about
six months to seven months before anything can happen. And I think what the Chief is coming up with is,
look -- and correct me if I'm wrong. This is what I interpreted. What you're saying is, do a way with this.
Give us an opportunity to sit down with the three that we had selected -- that you feel had selected to
negotiate with them. Now, I don't know if that is legal or not. That's-- Law Department is going to answer
that.
Mr. Wiley: Let me make one correction before you speak, Alex.
Vice Chairman Plummer: Excuse me. Let's the City Attorney answer his question, whether it's legal or not
Mr. Alejandro Vilarello (City Attorney): Yes. This -- the recommendation the Chief has made puts us in
the best posture legally to defend any claim that's made by any of the three vendors and also allows us,
through a process permitted by the City Code, to go into competitive negotiations and using these three
vendors to negotiate.
Commissioner Gort: The City Code states that although we're rejected the RFP, we can deal with the three
individuals without bringing anybody else.
Mr. Vilarello: The Manager has a right to go through competitive negotiations with these kinds of services
and he's obligated to talk to at least three qualified vendors.
Commissioner Gort: I want to make sure we follow that because its going to be losers and those losers are
going to go to court and I want to make sure we can stand in court.
Commissioner Regalado: Mr. Vice Chairman.
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: I mean, Commissioner Gort couldn't be more right. You know, whatever we do
here this afternoon has to teach us that we need to revisit this system because, you know, we requested from
important people to sit in committees and decide. Might as well, why do we need a Selection Committee?
Why do we need a Selection Committee that tells you have this and this and that choice, and then we come
here and, you know, disorganize everything or the administration. Best way is to take the responsibility
from day one and, you know, the administration recommends, the Commission decides and that's it. If we
want to give the perception that we're trying to depoliticize the process by giving it to a committee, this is not
happening.
Vice Chairman Plummer: OK.
Commissioner Regalado: And it has not been happening for some time so, you know.
Vice Chairman Plummer: A lot of talk. What are we going to do today?
Commissioner Teele: I have a question.
Vice Chairman Plummer: Mr. Teele.
120 October 13, 1998
Commissioner Teele: First of all, this divide the baby approach-- Reverend, is it -- was it Solomon? I'm not
sure where it is. I should stop while I'm ahead. But I think the lesson that Solomon was trying to teach, is
that while appearing to divide something may seem equitable but, in the end, you've destroyed what it is
you're trying to do and I think that's what some of us are concerned about. I don't believe that this is
necessarily the right thing to do as a rule and I think, while I am trying to be helpful to everybody that's
appeared before us in the past, I'm really concerned about the image that this is going to send. Now, the
Manager's got a recommendation up. The truth of the matter is, the best thing, I believe, for the system and
the process is for an up or down vote on the Manager's original recommendation. Because what you're
doing now is, you're bypassing -- in effect, you're throwing out all bids. You're starting all over. And if the
Manager's recommendation were to pass, this wouldn't be necessary. If the Manager's recommendation
were to fail, this would be necessary. So, rather than bypassing the hard decision, which I'm not interested
in making either -- I would have moved it last meeting. I think I moved to defer. I just don't think that's the
right way to do this. I think we ought to try to make the right decision. The concern that I have in reviewing
these documents is the process and excuse me, Chief, for saying that word again but...
Vice Chairman Plummer: Wait a minute. Did"The Herald" hear that?
Commissioner Teele: They won't report that the Chief and I have been smiling at each other all day. That
ain't news.
Vice Chairman Plummer: The only problem, it'll be on the obituary column.
Commissioner Teele: And, by the way, we have more than one newspaper here. You've got a whole lot of
papers here. This is not a one newspaper town. In any event, was there a pre -bid conference?
Chief Gimenez: Yes, there was.
Commissioner Teele: Was it a mandatory pre -bid conference?
Chief Gimenez: All firms attended.
Commissioner Teele: Did anybody object to the process in the pre -bid conference? Were they written
minutes and notes of the pre -bid conference?
Mr. Maurice Kemp: Maurice Kemp, Assistant Fire Chief, Miami Fire. The process was recorded and there
were no...
Commissioner Teele: Were there written minutes and notes kept from the pre -bid conference?
Mr. Kemp: The whole process was recorded, sir, so we can...
Commissioner Teele: OK. But that's fine but that's not the answer to my question.
Mr. Kemp: The answer to your question is no, the minutes were not written but we have the recordings if
there were a need to write them.
Commissioner Teele: Was there a period of time, after the pre -bid conference, that everyone could write in
their questions? Was there an open window after that?
Mr. Kemp: Yes.
Commissioner Teele: Were there any comments or questions brought in during that open window period of
time?
Mr. Kemp: Yes, there were questions subsequent to the pre -bid conference.
Commissioner Teele: And were they circulated to everyone?
Mr. Kemp: Yes, they were responded to and circulated to everyone.
121 October 13, 1998
Commissioner Teele: So, the questions and the responses were circulated?
Mr. Kemp: Yes, sir.
Commissioner Teele: Then, did the pro -bid conference and the bid document allow for this — apparently the
disputed issue and that's the so-called creative proposal?
Mr. Kemp: The answer would be yes, there was a time to ask questions and these questions were responded
to. So, the answer would be yes.
Commissioner Teele: But did everybody know that one company could submit something weird or out of
the -- off the wall or unique or...
Mr. Kemp: At the pre -bid conference it was stated that we encourage the proposers to submit innovative
and new technologies and ideas for this process. We also said that we didn't want to stay in a box that we're
in now. We were encouraging people to tell us how to do this better. So, the answer is yes.
Commissioner Teele: Did all three proposals offer innovative -- I mean, it's fine to answer the question.
You can't -- you cannot get any points if you don't answer all the questions. That is, put the numbers in the
right box. But did everybody submit their own concept of an innovative proposal?
Mr. Kemp: No, sir.
Vice Chairman Plummer: Well, may I interject? Was there not, at any time, indicated to allproposers that if
you did something innovative, that you would get more credit and rating for it?
Mr. Kemp: Marva.
Ms. Wiley: Mr. Commissioner, that's a debatable issue because...
Vice Chairman Plummer: Excuse me. Why is it debatable?
Commissioner Teele: Why can't you all ever answer...
Ms. Wiley: Because under the review...
Vice Chairman Plummer: Was it stipulated by you in writing or oral?
Ms. Wiley: No, but under the review...
Vice Chairman Plummer: That if you did something innovative, that you could get more points toward your
evaluation for it?
Ms. Wiley: No, but additional points did not...
Vice Chairman Plummer: Thank you.
Ms. Wiley: After we backed out the points...
Vice Chairman Plummer: Thank you.
Ms. Wiley: ... the bonus was no longer there.
Vice Chairman Plummer: Mr. Teele. Thank you.
Commissioner Teele: Was there a point system? Yes?
Ms. Wiley: We established criteria...
122 October 13, 1998
Commissioner Teele: 408, 401, 378.
Commissioner Gort: Yes.
Commissioner Teele: Did each — are the evaluations of each of the evaluators available for the public
record?
Ms. Wiley: Yes.
Commissioner Teele: OK. And Commissioner Plummer's very, very important question is, did the RFP
document stipulate bonus points or a system of bonus points?
Ms. Wiley: No, it didn't.
Commissioner Teele: So, in other words, all we had was a naked, you're invited to submit?
Ms. Wiley: I think we had more than that. We had broad criteria, to which we...
Commissioner Teele: Yeah, but if you keep -- you know, see, the problem with having points is, you can't
exceed the number of points you're going to give. If you're going to give a hundred points, you're going to
give a hundred points. If you're going to give bonus points, you're going to give a hundred plus something.
Now, the question is, did your bid document provide for bonus points?
Ms. Wiley: It did not. And in reviewing the document, I made -- I can conceded that point, that an error
was made in giving bonus points. But the weights of the category was maintained in the review. The
rankings were...
Commissioner Teele: Well, hold it. Just answer -- please, you're a brilliant young lady. You've got a
tremendous future but the first thing is answer the question and then go on.
Ms. Wiley: I believe I did answer your question. There were bonus points when the initial review occurred.
When our buyer went back and she did calculate bonus points. When I came in to do the review, when I
looked at the protest, I said, "Oh, we got bonus points. Can't do that." But this criteria is worth 25 percent,
so the object at that point was to make sure that the category didn't weigh any greater than the...
Commissioner Teele: OK. Let me just -- then you've helped me tremendously. Now, just -- before you
calculate the second calculations...
Ms. Wiley: OK.
Commissioner Teele: When you take away the bonus points and don't adjust anything, just the original
evaluation, the original evaluation, what were the points with the bonus points and what were the points just
subtracting out the bonus points? See, because you make the mistake of doing this. When you re -weighed
everything, you lost my vote on that. When you re -weighed everything, you lost my vote. Because now
you know where you're trying to go, so now you're just readjusting the numbers. I believe whatever
numbers were there when you wrote them down.
Ms. Wiley: Well, the numbers stayed the same. The weight changed.
Commissioner Teele: No. Before the weight changed — that's what I'm trying to get to, ma'am. Before you
changed the weights, when you just had bonus points, and you subtract out the bonus points, what are the
raw numbers? Because that's what a judge is going to look at.
Ms. Wiley: Under that scenario, Advanced Data Processing would be the first ranked firm with 424.25
points. Lockheed Martin with 410 and Medaphis Labs with 391.5.
Mr. Roger Carlton: We respectfully disagree with that, sir, just for the record, whenever I get a chance to
speak.
123 October 13, 1998
Commissioner Teele: Well, if I may. This may be the time. We're talking now, not about anything
subjective. We're talking now about the raw documents at the time of the evaluation, if you subtract out the
bonus points and leave the weighted criteria just like it was. Is that the numbers you read into the record?
Ms. Wiley: Yes.
Commissioner Teele: Would you read them one more time?
Ms. Wiley: OK. They are 424.25 points for Advanced Data Processing.
Commissioner Teele: Wait, wait, wait. Say it again.
Ms. Wiley: Four two four point two five.
Commissioner Teele: For who?
Ms. Wiley: Advanced Data Processing.
Commissioner Teele: Four two four point two five. So Advanced Data Processing at that point becomes
the high bid, the higher number?
Ms. Wiley: First rank, right.
Commissioner Teele: First rank. I told you. You see, how smart you are. And the next company was who?
Ms. Wiley: Lockheed Martin, 410 points.
Commissioner Teele: Four ten. And the next company?
Ms. Wiley: Medaphis, 391.5.
Commissioner Teele: That's before you changed the weighting?
Ms. Wiley: That's eliminating one of the sub -categories of the general criteria in the RFP, yes.
Vice Chairman Plummer: Mr. Manager, there's got to be a better way of doing business than what we're
doing.
Commissioner Teele: And, if I may, could I allow Mr. Carlton to respond to just those raw numbers, just...
Vice Chairman Plummer: Mr. Teele, you can have any prerogative that you wish.
Commissioner Teele: Thank you, sir.
Mr. Carlton: Commissioner Teele, thank you. My name is Roger Carlton with Lockheed Martin, IMS.
We're located at 200 South Biscayne Boulevard, Suite 1080, Miami, Florida. Commissioner, the
explanation that was given is technically correct but it misses part of the debate that went on during the
evaluation committee. When it was announced that the staff wish to add bonus points, the instructions were
to delete any innovation points that you might give in the section of the evaluation that was known as your
solution -- how do you propose to do this -- and move them over to the bonus points. So, I believe that
while the statement that it is correct, that if you were to delete the bonus points, a different firm was ranked
first. The reality is that we would have been ranked first if there was no bonus point section because we
would have gotten more points in the solution section. So I think you have to look at that statement in the
context of what the instructions were during the pro -bid conference.
Commissioner Teele: All right. Mr. Attorney, if the recommendation of the Manager, the revised
recommendation is accepted, can he come back with one offer? Can he recommend just one company?
Does this require he recommend all three?
Mr. Vilarello: No, sir. It requires him to enter into competitive negotiations with these three qualified firms
124 October 13, 1998
and come back with whatever his recommendation is, which could be one firm.
Commissioner Teele: It could be one company? It could be two companies? It could be three companies?
Mr. Vilarello: Yes, sir.
Chief Gimenez: Yes, sir.
Commissioner Teele: Then, if the Chair will allow it, I will move the recommendation of the Manager, with
the understanding that I would hope he doesn't come back with three.
Commissioner Sanchez: Second.
Vice Chairman Plummer: Let me ask this question. When you say that, are you talking about Item 27, 28 or
29?
Commissioner Gort: Let's go one at a time.
Vice Chairman Plummer: So, you're saying is, that you would uphold the Manager's recommendation on
27, 28 and 29? First is Item 27. Moved by Teele. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Plummer: There is a second by Sanchez. You must be in the room to vote, Mr. Sanchez.
All right. Any further discussion?
Commissioner Teele: Mr. Chairman, may I...
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: In that Lockheed was the original recommended successful offerer, are you in
agreement with the Manager's recommendation today?
Mr. Carlton: Well, as they say, my mamma didn't raise a dumb boy. I think I know what you're talking
about but if I could say just one thing.
Commissioner Teele: Please.
Mr. Carlton: We believe that this process, to this point, has been a fair and open one. It was advertised.
There was a pre -proposal conference. There were questions asked and answered. There was an evaluation
committee of citizens and staff and they went through and they rated in accordance with the instructions they
were given. There were appeals that were submitted timely. Those appeals had been addressed by staff, by
the Manager, by the City Attorney's Office, who all recommended that those appeals be denied. For some
reason, since that point and time, there is now a feeling that there is some weakness in that RFP. And, as
Commissioner Sanchez mentioned, it's the first time that that's come up. I don't think that the decision to
negotiate with all three together is going to reduce the risk of anybody litigating and so far, we're the only
firm that hasn't threatened to do that.
Commissioner Teele: Really?
Mr. Carlton: That's correct, sir.
Vice Chairman Plummer: All right.
Commissioner Teele: May I inquire then? Would you be willing to...
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: ...indemnify the City for any litigation that may result out of this if the City were to
125 October 13, 1998
award to you?
Mr. Carlton: Sir, I have a lot of authority but not the authority to do that.
Commissioner Teele: Well -- I mean, if we were to award to you today, I don't think it's unfair -- since
you're basically saying the process is so clear that you all would be prepared to pay the litigation costs.
Mr. Carlton: To date, I think that process has been very, very clear but, sir, I don't think that's a fair question
to ask me in this public forum. I would hope that you would stick to...
Vice Chairman Plummer: The answer is no or you can't do it. So, I mean, why expound?
Mr. Carlton: I can't do it, personally. I would hope that you would stick to the original guns but...
Vice Chairman Plummer: Mr. Teele, may I ask a question of you, sir?
Commissioner Teele: Yes, sir.
Vice Chairman Plummer: When you're recommending the Manager's recommendation on Item 29, the
Manager's recommendation is different than that of the Chief. I'm assuming you are saying the
recommendation, as it is on Item 29, is that correct?
Commissioner Teele: Well, you know what I think, in all honesty, I want to withdraw my motion. I think
the Manager's recommendation is entitled to an up or down vote. And, yep, last time -- I mean, we're at the
end of a meeting. It was a very tense meeting and we all just sort of said, let's walk away from this.
Vice Chairman Plummer: All right. Here we go. You ready? Item 27. Is there a motion?
Commissioner Teele: What's number 27?
Vice Chairman Plummer: Twenty-seven is to reject the decision -- the objection of Memphis, Inc. A protest
filed by them to approve the decision that the objection was not legitimate.
Ms. Wiley: Now, I'll try to state that succinctly. Approve the rejection of the protest.
Vice Chairman Plummer: All right, fine.
Ms. Wiley: OK.
Vice Chairman Plummer: OK. Is there a motion on 27?
Commissioner Gort: Move it.
Vice Chairman Plummer: Moved by Gort.
Commissioner Teele: Second.
Vice Chairman Plummer: Seconded by Teele. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show unanimous.
126 October 13, 1998
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-1017
A RESOLUTION APPROVING THE DECISION MADE PURSUANT
TO THE CHIEF PROCUREMENT OFFICER'S AUTHORITY UNDER
SECTION 18-99 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, TO REJECT THE PROTEST FILED BY
MEDAPHIS, INC. IN CONNECTION WITH REQUEST FOR
PROPOSALS NO. 96-97-110 FOR EMERGENCY MEDICAL
TRANSPORT BILLING AND/OR COLLECTION SERVICES.
(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.
37. APPROVING THE DECCISION MADE PURSUANT TO THE CHIEF 'PROCUREMENT
OFFICER'S AUTHORITY UNDER SECTION 18-99 OF THE CODE OF THE CITY OF MIAMI, TO
REJECT THE PROTEST FILED BY ADVANCED DATA PROCESSING, INC., IN CONNECTION
WITH REQUEST FOR PROPOSALS NO. 96-97-110 EMERGENCY MEDICAL TRANSPORT
BILLING AND/OR COLLECTION SERVICES.
Vice Chairman Plummer: Twent}-eight is the same for the company called Advanced Data Processing.
Moved by...
Commissioner Gort: Move it.
Vice Chairman Plummer: ... Gort. Seconded by...
Commissioner Teele: Teele.
Vice Chairman Plummer: ... Teele. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show unanimous.
127 October 13, 1998
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-1018
A RESOLUTION APPROVING THE DECISION MADE PURSUANT
TO THE CHIEF PROCUREMENT OFFICER'S AUTHORITY UNDER
SECTION 18-99 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, TO REJECT THE PROTEST FILED BY
ADVANCED DATA PROCESSING, INC., IN CONNECTION WITH
REQUEST FOR PROPOSALS NO. 96-97-110, EMERGENCY
MEDICAL TRANSPORT BILLING AND/OR COLLECTION
SERVICES.
(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 29 is a recommendation of the Manager ranking the firms. Number one,
Lockheed Martin. Number 2, Advanced Data. Number 3, Medaphis Corporation. Is there -- excuse me. Is
there a motion?
Mr. Alejandro Vilarello (City Attorney): The Manager's recommendation...
Vice Chairman Plummer: Is there a motion?
Commissioner Gort: Move it.
Vice Chairman Plummer: Moved by Gort. Seconded by...
Commissioner Gort: That's his recommendation. Move it.
Mr. Vilarello: I think there's a misunderstanding of what's...
Vice Chairman Plummer: Sir, there might not be reason for you to discuss it if I don't get a second to the
motion.
Commissioner Teele: Second for the purposes of discussion.
Vice Chairman Plummer: Second for purposes of discussion. Mr. City Attorney.
128 October 13, 1998
Mr. Vilarello: The Manager's recommendation is to reject all proposals and sit down in competitive
negotiations with all three.
Vice Chairman Plummer: That's not Item 29. That was the Chief s proposal, not the Manager's.
Commissioner Teele: Well, but that...
Vice Chairman Plummer: That's why I made it clear on the record.
Commissioner Teele: The Manager has never changed his written recommendation. We had an oral
compromise tendered by the Chief on behalf of the Manager.
Mr. Donald H. Warshaw (City Manager): And that's correct.
Vice Chairman Plummer: All right.
Mr. Warshaw: This item was deferred from the previous meeting.
Vice Chairman Plummer: It's very clear, OK. Let just -- let's don't beat it to death. The Manager's
recommendation is what is before you on the agenda for Item 29. The Chiefs recommendation was
different than that. The Chiefs recommendation was send all three to them for negotiation. Let's-- like
Commissioner Teele said, let's up or down on 29, OK.
Mr. Vilarello: Then the City Attorney has a recommendation.
Vice Chairman Plummer: Now, there's a motion...
Commissioner Teele: And if it goes down, we're going to go back to the Chiefs recommendation.
Mr. Vilarello: The City Attorney has a recommendation.
Vice Chairman Plummer: All right. The City Attorney has a recommendation.
Mr. Vilarello: The City -- my recommendation is that you reject -- at this point, reject all proposals and
instruct the Manager to go forward with competitive negotiations. If you vote this up, then we have two
complaining parties that will file a lawsuit. If you vote this down, thisproposer may very well come forward
with litigation. If you reject all bids, as this City Commission has the absolute right to do, you avoid the
possibility of litigation and put us in the best posture to go forward and...
Commissioner Gort: I got a question.
Vice Chairman Plummer: Mr. Teele, you've heard the recommendation of the attorney. Do you change
your mind on the motion to approve?
Commissioner Teele: I think I have to. I mean, I don't think I have a choice.
Vice Chairman Plummer: All right, sir.
Commissioner Teele: But I'll say this.
Commissioner Gort: Excuse me.
Vice Chairman Plummer: The floor is open for a motion.
Commissioner Gort: I'm the one that made a motion.
Vice Chairman Plummer: I'm sorry. I stand corrected.
Commissioner Gort: OK. My understand is, you're saying if we're following your instructions, you can take
129 October 13, 1998
this to court and we're going to win it? We're not going to have any problem?
Mr. Vilarello: I don't...
Vice Chairman Plummer: You never -- you can't say that, not in this city. Not in this county.
Mr. Vilarello: I can't guarantee it but that does put us in the best posture to defend the City in its decisions
with regard to this matter.
Vice Chairman Plummer: All right. Gentlemen, let's fish or cut bait. Either...
Commissioner Gort: We got to go with the Attorney's recommendation.
Vice Chairman Plummer: All right. That's what I'm asking.
Commissioner Sanchez: OK. Did...
Vice Chairman Plummer: Is there a motion on the City Attorney's recommendation?
Commissioner Sanchez: I make the motion.
Vice Chairman Plummer: Motion by Sanchez. Is there a second?
Commissioner Regalado: Excuse me. What is it? I wasn't here.
Vice Chairman Plummer: Wait a minute. Is there a second?
Commissioner Gort: Second.
Vice Chairman Plummer: By Gort. Mr. Regalado, you have discussion.
Commissioner Teele: To reject all bids and to negotiate with all three.
Commissioner Regalado: To reject all-- that's the motion, to reject all bids?
Vice Chairman Plummer: It is to reject all bids and send all three to the Manager for negotiations.
Commissioner Regalado: Just a point of..
Vice Chairman Plummer: Point of information by Regalado.
Commissioner Regalado: We just rejected one...
Vice Chairman Plummer: We rejected two.
Commissioner Regalado: Two. One protest, two...
Vice Chairman Plummer: Objections.
Commissioner Regalado: Right, two protests. So, what is the next step...
Vice Chairman Plummer: The next step is...
Commissioner Regalado: ...if we were to follow the...
Vice Chairman Plummer: ...either to approve 29, as recommended by the Manager or approve
recommended by the Fire Chief-- I'm going to get you in trouble. I should...
Commissioner Gort: Attorney recommends that we...
130 October 13, 1998
Vice Chairman Plummer: Attorney recommends that we send all three to the City Manager for negotiation.
Commissioner Gort: The Manager gets a change to sit down and pick whoever he thinks best.
Vice Chairman Plummer: All right. So that there's no misunderstanding...
Commissioner Regalado: And what -- look, but what do we do after that? Do we need to ratify the
Manager?
Mr. Vilarello: Then the City Manager will come back with a recommendation for your decision.
Vice Chairman Plummer: And we approve or disapprove.
Commissioner Regalado: Can they file another protest?
Vice Chairman Plummer: Sure. Anybody can file a protest.
Commissioner Teele: They don't have a basis though.
Vice Chairman Plummer: Anybody can file a lawsuit if they've got seventytwo dollars ($72)
Ms. Marva Wiley (Special Assistant to the City Manager): The advantage...
Vice Chairman Plummer: Hey, guys, this-- we're beating a dead horse.
Commissioner Gort: Vote on it. Let's go.
Vice Chairman Plummer: We're beating a dead horse now. You know, the motion in front of us is to reject
Item 29. That's the first motion, OK. Moved by Gort. Seconded by Sanchez. All right. All in favor, say
"aye." Opposition?
Commissioner Teele: No.
Vice Chairman Plummer: One objector.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-1019
A RESOLUTION REJECTING ALL PROPOSALS RECEIVED IN
RESPONSE TO REQUEST FOR PROPOSALS NO. 96-97-110,
WHICH WAS ISSUED BY THE CITY OF MIAMI TO SOLICIT
FIRMS FOR THE PROVISION OF EMERGENCY MEDICAL
SERVICES ("EMS") BILLING AND/OR COLLECTION SERVICES
FOR THE DEPARTMENT OF FIRE -RESCUE; DIRECTING THE
CITY MANAGER TO NEGOTIATE WITH INTERESTED FIRMS,
BASED UPON SUCH SPECIFICATIONS AS HE DEEMS
APPROPRIATE, FOR THE PROCUREMENT OF SAID SERVICES
AND TO PRESENT HIS RECOMMENDATIONS TO THE CITY
COMMISSION FOR ITS REVIEW AND CONSIDERATION.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
131 October 13, 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
Vice Chairman J.L. Plummer, Jr.
NAYS: Commissioner Arthur E. Teele, Jr.
ABSENT: None.
Vice Chairman Plummer: Now, the next motion is to take all three and send to the Manager for competitive
negotiations as recommended, not by the Fire Chief but by the City Manager. Is there a motion?
Commissioner Teele: I would move the item-- the recommendation.
Commissioner Gort: Second.
Vice Chairman Plummer: All right. Moved by Teele. Seconded by Gort. All right. Is there any further
discussion? I'm going to ask for a roll call.
Commissioner Teele: Mr. Manager, Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, Mr. Manager, I will be very, very disappointed if this comes back one
third, one third, one third.
Vice Chairman Plummer: Then, so stipulate that you want it to come back with a single one.
Commissioner Teele: Well, I don't want to tie the Manager's hands.
Vice Chairman Plummer: I do.
Commissioner Teele: I mean...
Chief. Carlos Gimenez: If I may, Mr. Commissioner. Seldom do I attempt to play Solomon here and divide
the baby. It's our intent to get the best deal for the City.
Commissioner Teele: That's what I want to hear. There you go. You got my vote.
Commissioner Regalado: OK. One...
Vice Chairman Plummer: Call the roll.
Commissioner Regalado: Another point before-- Mr. Vice Chairman?
Vice Chairman Plummer: I'm going to cry.
Commissioner Regalado: This process will not affect, in any way, the amount that we are getting right now?
Commissioner Gort: Same company...
Vice Chairman Plummer: No. What this is doing is trying to get a better price for them doing our
collection.
Commissioner Regalado: I know, I know, I know. But, you know, he understands what I'm saying. We're
132 October 13, 1998
getting three point something right now.
Vice Chairman Plummer: Call the roll.
Commissioner Teele: I want correct the record for you, Chief, and for me, since I brought it up. When you
said you don't want play Solomon, we both know that Solomon was the wisest of all kings and he knew that
that wasn't the right thing. He was not going to do divide the baby. He only did that to determine who the
true mother was.
Chief Gimenez: Yes, sir.
Commissioner Teele: OK. I vote yes.
Vice Chairman Plummer: Can we get Jerry Falwell as the Mayor here?
Commissioner Teele: I mean, I don't want the religious rite all over me.
Vice Chairman Plummer: Call the roll on 29.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-1020
A RESOLUTION DIRECTING THE CITY MANAGER TO NEGOTIATE
WITH LOCKHEED MARTIN EMS, ADVANCED DATA PROCESSING, INC.
AND MEDAPHIS CORPORATION FOR THE PROCUREMENT OF
EMERGENCY MEDICAL SERVICES BILLING AND/OR COLLECTION
SERVICES, BASED UPON SUCH SPECIFICATIONS AS HE DEEMS
APPROPRIATE AND MOST ADVANTAGEOUS FOR THE CITY OF
MIAMI, AND TO PRESENT HIS RECOMMENDATIONS TO THE CITY
COMMISSION FOR ITS REVIEW AND CONSIDERATION.
(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: I'm asking that 30 be deferred— they brought me the information today-- until
the meeting of November the 17th. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Plummer: All right. All in favor say "aye."
The Commission (Collectively): Aye.
133 October 13, 1998
Vice Chairman Plummer: Show unanimous.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.98-1021
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 30
(PROPOSED ACCEPTANCE OF BID OF HARLEY DAVIDSON OF
SEMINOLE FOR LEASE OF 23 POLICE TRAFFIC LAW ENFORCEMENT
MOTORCYCLES).
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 31 is a four/fifths. Hello. Mr. Teele?
Commissioner Teele: Yes.
Vice Chairman Plummer: I have to have you in for a four/fifths vote.
[AT THIS POINT, COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE RECORD]
Vice Chairman Plummer: Is there a motion?
Commissioner Sanchez: Move.
Vice Chairman Plummer: Moved by Sanchez. Seconded by Teele. All in favor, say "aye." Item 32.
The Commission (Collectively): Aye.
Vice Chairman Plummer: Show unanimous ballot.
134 October 13, 1998
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1022
A RESOLUTION, WITH ATTACHMENT, 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 THE PURCHASE OF
MOBILE EQUIPMENT REPLACEMENT PARTS AND REPAIR SERVICES
FOR SOLID WASTE TRASH CRANES FROM VARIOUS VENDORS
LISTED IN EXHIBIT A, ATTACHED HERETO, AND AWARDED UNDER
MIAMI-DADE COUNTY CONTRACT NO. 5380-2/00, AT A TOTAL COST
NOT TO EXCEED $6,000.00; ALLOCATING FUNDS THEREFOR FROM
THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION FY '98
OPERATING BUDGET, ACCOUNT CODE NO. 509000.420901.6.702.
(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.
41. AUTHORIZE CITY MANAGER TO ALLOCATE FUNDS TO THEW FEMDE A DEPARTMENT OF'.
LAW ENFORCEMENT -- FOR PAYMENT OF OUTSTANDING INVOICESAND PROCUREMENT'.
OF BACKGROUND INVESTIGATION SERVICES -- FOR HUMAN RESOURCES; ALLOCATE'.
$11140 from GENERAL OPERATING BUDGET OF DEPARTMENT OF HUMAN RESOURCES,
ACCOUNT NO.001000.270101.6.270.
[AT THIS POINT, COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE PUBLIC
RECORD].
Vice Chairman Plummer: This is for background checks to find out why we shouldn't hire some people for
the amount of eleven thousand one hundred and forty. Moved by Sanchez. Seconded by Teele. All in
favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposition? Show unanimous.
135 October 13, 1998
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1023
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ALLOCATE
FUNDS TO THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR
THE PAYMENT OF OUTSTANDING INVOICES AND THE
PROCUREMENT OF BACKGROUND INVESTIGATION SERVICES FOR
THE DEPARTMENT OF HUMAN RESOURCES; ALLOCATING FUNDS
THEREFOR IN AN AMOUNT NOT TO EXCEED $11,140 FROM THE
GENERAL OPERATING BUDGET OF THE DEPARTMENT OF HUMAN
RESOURCES, ACCOUNT NO. 001000.270101.6.270; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
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
[AT THIS POINT, COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE PUBLIC
RECORD].
Commissioner Sanchez: Moved.
Vice Chairman Plummer: Moved by Sanchez. Seconded by Teele. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed? Show unanimous.
136 October 13, 1998
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1024
A RESOLUTION APPROVING THE PURCHASE OF DESKTOP
MICROCOMPUTER, WINDOWS NT NETWORK SERVERS, RELATED
SUPPORT SERVICES, NETWORK CONNECTIVITY DEVICES, AND
MICROSOFT LICENSES AND MAINTENANCE FROM COMARK
GOVERNMENT EDUCATION SALES, DIGITAL EQUIPMENT
CORPORATION, IBM, INC., CABLETRON, CISCO SYSTEMS, AND
WAREFORCE, INC., UTILIZING EXISTING STATE OF FLORIDA
CONTRACT NOS. 250-040-99-1 AND 252-001-97-1, FOR THE PUBLIC
WORKS DEPARTMENT, AT A TOTAL COST OF $70,000.00;
ALLOCATING FUNDS THEREFOR AS PREVIOUSLY APPROPRIATED BY
FISCAL YEAR 1997-1998 CAPITAL IMPROVEMENTS ORDINANCE NO.
11623, AS AMENDED, PROJECT NO.311019.
(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.
43. APPROVE PURCHASE OF HEWLETT-PACKARD DESIGNJET',2500 CP PRINTER/PLOTTER
AND RELATED MAINTENANCE SUPPORT SERVICEFROM CADD CENTERS OF FLORIDA, --
FOR PUBLIC WORKS DEPARTMENT, AT A TOTAL COST OF $10,000; ALLOCATE $10,000
FROM FISCAL YEAR 1997-1998 CIP ORDINANCE NO, 11623, AS AMENDED, UNDER PROJECT
NO 311019.
Vice Chairman Plummer: Thirty-four is a resolution.
[AT THIS POINT, COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE PUBLIC
RECORD]
Commissioner Sanchez: Move.
Vice Chairman Plummer: Moved by Sanchez. Seconded by Teele. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposition? Show legal. Show unanimous.
137 October 13, 1998
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1025
A RESOLUTION APPROVING THE PURCHASE OF A HEWLETT-
PACKARD DESIGNJET 2500 CP PRINTER/PLOTTER AND RELATED
MAINTENANCE SUPPORT SERVICE FROM CADD CENTERS OF
FLORIDA, UTILIZING EXISTING MIAMI-DADE COUNTY CONTRACT
NO. 1569-2/00-OTR, FOR THE PUBLIC WORKS DEPARTMENT, AT A
TOTAL COST OF $10,000.00; ALLOCATING FUNDS THEREFOR AS
PREVIOUSLY APPROPRIATED BY FISCAL YEAR 1997-1998 CAPITAL
IMPROVEMENTS ORDINANCE NO. 11623, AS AMENDED, PROJECT NO.
311019.
(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: Thirt}-five.
[AT THIS POINT, COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE PUBLIC
RECORD]
Commissioner Sanchez: Move.
Vice Chairman Plummer: Moved by Sanchez. Seconded by Teele. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposition? Show it unanimous.
138 October 13, 1998
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1026
A RESOLUTION AUTHORIZING THE PAYMENT OF FEES FOR LEGAL
SERVICES PROVIDED TO THE CITY OF MIAMI BY THE LAW FIRM OF
HOLLAND & KNIGHT FOR ASSISTANCE IN OBTAINING THE WAIVER
OF DEED RESTRICTION ON WATSON ISLAND IN CONNECTION WITH
THE PARROT JUNGLE PROJECT; ALLOCATING FUNDS THEREFOR, IN
THE AMOUNT OF $50,000 IN FULL PAYMENT, FROM LEGISLATIVE
LIAISON FUNDS ACCOUNT, ACCOUNT CODE NO.920216-270 FOR SAID
SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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: Thirty-six.
[AT THIS POINT, COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE PUBLIC
RECORD]
Vice Chairman Plummer: Moved by...
Commissioner Sanchez: Move.
Vice Chairman Plummer: ... Sanchez. Seconded by Regalado. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show none.
139 October 13, 1998
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1027
A RESOLUTION RESCINDING RESOLUTION NO. 97-784, ADOPTED
NOVEMBER 1, 1997, IN ITS ENTIRETY; AUTHORIZING 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 PROCEEDINGS TO BE INITIATED AGAINST
DELOITTE & TOUCHE, FORMER CITY OF MIAMI EXTERNAL
AUDITORS; SAID ENGAGEMENT TO BE UNDER A CONTINGENCY FEE
ARRANGEMENT AS HEREIN SPECIFIED, WITH ALL EXPENSES TO BE
APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FOR
COSTS FROM ACCOUNT NO. 92-10-02, MINOR OBJECT CODE 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 Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman J.L. Plummer, Jr.
NAYS: Commissioner Arthur E. Teele, Jr.
ABSENT: Commissioner Wifredo Gort.
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele. Thirty-six.
Commissioner Teele: Mr. Chairman, I want to be registered as a no vote and I would like permission to file
a statement...
Vice Chairman Plummer: You have that permission without question.
Commissioner Teele: ...with the Clerk. Let me say this. This is clearly in the City's best interest on the
short end, on the front end. It's going to cost this City a lot of money in the end. And, you know, what's
going on in the State now with the tobacco litigation, is what we're going to be looking at. Two years from
now, three years from now, if the City is successful, everybody will start to second guess why we're doing
this. Now, we're doing this because the Oversight Board has rejected the original agreement or has strongly
recommended it. I respectfully think the Oversight Board is dead wrong, one hundred percent on this thing.
And while they may be working to preserve the City's financial impact in the near term, it is going to cost
this City a lot of money and it's going to be the source of a lot of embarrassment, if they prevail. And, in
effect, what we're doing now is paying them lesser of a contingency...
Vice Chairman Plummer: No, nothing.
Mr. Alejandro Vilarello (City Attorney): You're paying expenses associated with the litigation.
Vice Chairman Plummer: That's it.
Commissioner Teele: And we're paying expenses associated with the litigation.
Vice Chairman Plummer: That's it. And, Mr. Teele, just for the record, this is what I tried to negotiate from
day one, that if they were so convinced that they had such a great case that they could not lose, then why
won't you take it on a contingency of 10 percent or 12 percent or 15 percent or 20 percent and they wouldn't
140 October 13, 1998
do it, OK.
Commissioner Teele: Plus the financial...
Vice Chairman Plummer: Now, we're coming back to the point where we've paid them all of this money
and, in fact, now they say that that money is all gone. They've got to continue. And now they're coming and
saying, OK, we'll take it on a contingency and, you know...
Commissioner Teele: What are we doing here, Mr. Attorney?
Mr. Vilarello: As you correctly stated, the Oversight-- the City Commission authorized a retention of the
firm on a modified, contingency basis, which indicated that they would charge the City, on an hourly rate of
a hundred and fifty dollars ($150) an hour, in the event that they were successful, based on a sliding scale,
that they would be entitled to their higher hourly rate that they normally charge, which, for Mr.Tew, would
be in a three hundred and fifty dollar ($350) an hour range. That would be the contingency. The Oversight
Board reviewed that item, rejected that agreement, and recommended that it be considered on a straight
contingency basis and this item is before you on a straight contingency basis of 25 percent in the event that
they're successful with expenses associated with the litigation being paid as we go.
Commissioner Teele: But if they're successful, they'll get a lot more money under this way?
Mr. Vilarello: Potentially.
Commissioner Teele: OK.
Vice Chairman Plummer: Yeah, but if they're not successful, it don't cost us any more.
Commissioner Teele: Well, you know, it'll be an interesting Monday morning quarter backing. What I don't
want is that when we have to write somebody a check for five or ten million dollars, that it's very clear --
you know, 25 percent...
Vice Chairman Plummer: Arthur, as far as I'm concerned, it's very clear. They get 25 percent if they win
and if they don't win, they get diddly.
Commissioner Teele: All right. Well, when the check goes out for five thousand -- five million dollars
($5,000,000)...
Vice Chairman Plummer: That means that we're going to be getting a check for fifteen million and that's 15
more than I got today and I can get it free of charge and it doesn't cost me anything if I don't get it.
Commissioner Teele: Well, but if we paid expenses, the check would be for a lot less. But this is what
we're doing. None of us know. We don't have a crystal ball but I think it does incentivize the law firm to
work a lot harder, as you have indicated.
46. DEFER CONSIDERATION OF AGENDA ITEM 37 (PROPOSED SETTLEMENT TO PAY
EDWARDMARQUEZ, WITHOUT ADMISSION OF LIABILITY, A TOTAL. SUM OF $311,991.95)
TO MEETING OF NOVEMBER 17, 1998 — FURTHER SUGGEST MR. 'MARQUEZ PERFORM
FINANCIAL ADVISOR TYPE SERVICES FOR CITY.
Vice Chairman Plummer: OK. Item 37 is to pay Mr. Marquez.
Commissioner Sanchez: Open up the gates.
Vice Chairman Plummer: Recommended by the City Attorney, who has negotiated. Is there a motion?
Commissioner Gort: Which is this?
Vice Chairman Plummer: This is to pay Mr. Marquez.
141 October 13, 1998
Commissioner Gort: I got a question.
Commissioner Sanchez: I would like a legal opinion.
Commissioner Gort: Wait a minute. Hold it.
Mr. Manuel Gonzalez-Goenaga: May I speak?
Vice Chairman Plummer: I doubt it.
Mr. Gonzalez-Goenaga: Yes.
Vice Chairman Plummer: Mr. Sanchez has a question.
Commissioner Sanchez: I would like a legal opinion. Although he's briefed me on it, he was very
responsive this morning. Alex.
Mr. Vilarello: With recommendation, yes.
Commissioner Sanchez: Yes, what's going on with the Marquez?
Mr. Vilarello: This has my recommendation. City Commission authorized a contract that provided
severance in the event that he was dismissed from service. This settlement takes into consideration what he
would have been entitled under the agreement. It puts him essentially whole, effective upon the adoption of
this resolution and pays out the balance of those funds that he'd be entitled to under the contract over the
period of time that his contract would have been in place.
Commissioner Sanchez: Mr. City Attorney, do you think it's in the best interest of the City of Miami to pay
this?
Mr. Vilarello: Yes, sir.
Vice Chairman Plummer: I don't believe you've got a choice.
Commissioner Sanchez: OK.
Commissioner Gort: Question.
Vice Chairman Plummer: Mr. Gort.
Commissioner Sanchez: Well -- Wait, wait, I'm not done...
Vice Chairman Plummer: Oh, I'm sorry.
Commissioner Sanchez: ...on this. You know, we should be handling the bill to the responsible parties in
this and we go back to contracts, you know. And I -- you know, this is -- the mistakes we made are costing
us money. Just this and the other lawsuit alone, it's almost a million point three.
Vice Chairman Plummer: Well, you try to find out who's the responsible party on that one and I'll buy you a
new hat.
Commissioner Sanchez: Well, the other one coming up. Between that one and this one, we're talking about
one point three million we're paying out.
Vice Chairman Plummer: That's right.
Commissioner Sanchez: It's killing us. We can't continue to be making these stupid mistakes.
Vice Chairman Plummer: Mr. Gort.
142 October 13, 1998
Commissioner Gort: I've had a suggestion since -- my understanding is, according to the recommendation
for an attorney that we would have to pay. 1 requested that the message be sent to Mr. Marquez but I think it
was misinterpreted by Mr. Marquez. Mr. Marquez thought I was offering him a job as the -- in the budget.
That was not my idea. Since the attorney believes that we have to pay Mr. Marquez. Mr. Marquez is a very
knowledgeable individual who knows about finance very well. We've always been saying we need an
independent individual knowledgeable about finance and budget that could report directly to the City
Commission. Now, the message, unfortunately, that was not able to be delivered. I was not able to have a
conversation with him because when attorneys get involved, attorneys have to do the talking. He left a
message on my phone last night thinking that I was offering him a job. But I'd like to suggest is the
conversation with Marquez that we would pay this within the next three years and he could be doing some
work for, which I know him to be a very honest, honorable individual, which I think he might accept
because he has a responsibility to his present employee, which I understand, and I don't want to take that
away from him since he was let go by us. But, at the same time, I think it would be good for the
Commission to have this individual to give us advice on finance and work with us on those basis.
Vice Chairman Plummer: Be a great finance advisor.
Commissioner Sanchez: Yeah, but he's getting paid...
Vice Chairman Plummer: All right.
Commissioner Regalado: Comment.
Commissioner Sanchez: ... three hundred thousand dollars ($300,000) for one year's work.
Vice Chairman Plummer: All right. Hold on now. Is there any other discussion among Commissioners?
Mr. Regalado.
Commissioner Regalado: I think that what Commissioner Gort is saying makes sense but also, you know, if
we were going to go to court -- and the City Attorney has briefed us, I guess, on that issue and he has his
opinion. But, you know, Ed Marquez was a very hard worker and was fired by Xavier Suarez the minute
that he came in and Marquez just went home. When Mayor Carollo fired Jose Garcia -Pedrosa, Pedrosa
immediately consulted with the Commissioners and I remember that we called the special meeting. I don't
know if there is a case for the City in court for the fact that Mr. Marquez never initiated any effort to get his
job back. He could have. 1, for one, would have called a meeting or would have signed a memo, like I did
on the case of Mr. Pedrosa three times or twice. I don't remember. So, Mr. City Attorney, I'm just asking
whether or not the fact that Mr. Marquez decided to leave without any kind of action or even communicating
with the members of the Commission, at least not with me, he did not communicate at all, what does that
mean in court?
Vice Chairman Plummer: That means he was fired.
Mr. Vilarello: I don't know. I can't answer that question. What-- as you know, when this item first came
before you, I had requested that this matter be sent to outside counsel. I did so because I felt that I had a
conflict of interest that we represent Mr. Marquez in other cases. This Commission instructed me to go back
and discuss a settlement of this matter. My office had previously issued an opinion that said that Mr.
Marquez was entitled to the full payment of the contract that he entered into with this City Commission and
when he was relieved of his services as a City Manager, that he was entitled to that. Based on that
agreement, I've made this recommendation to the City Commission, to settle this matter with something less
than the full amount due and owing to him under the contract.
Vice Chairman Plummer: Other discussion by Commissioners.
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: I think Commissioner Gort has succinctly stated this and I think that Commissioner
143 October 13, 1998
Sanchez has set the tone. This is a three hundred and eleven thousand dollars ($311,000) for a city that is
financially impaired. We just did the 10 mill cap issue. And I was in Palm Beach yesterday and that was the
whole subject of the discussion. I mean, people don't understand all these fees. They don't understand all of
these hidden charges. But I'm telling you, the 10 mill cap is all over the state. Now, I don't think-- I would
like very much to see this thing be settled in a different way and I move or I would second the motion that
Commissioner Gort has made to instruct the City Attorney to go back to him and let's see if we cannot
negotiate with Mr. Marquez to receive some value for his services.
Vice Chairman Plummer: Continuing date of what date, Mr. Teele?
Commissioner Teele: The first meeting in November.
Vice Chairman Plummer: That would be this -- to be continued until November the 17th. Is there any
discussion on the deferment?
Commissioner Gort: With those specific instructions.
Vice Chairman Plummer: With those specific instructions, of course.
Commissioner Teele: And I would also specifically ask the Manager and the new Finance Director to be
creative and let's see if there's something laying around here. I mean, if this package came back at four
hundred thousand dollars ($400,000) and he was doing something, I'd be for it. I'll put it right on the record.
If he were doing some work that had a clear value, I would be for it, even if the amount were higher. But I
just think paying someone, as Commissioner Regalado -- I know him. I never got to serve with him one
day, one moment. But if I had had a vote, I would have voted for Ed Marquez to continue his job. He has a
wonderful family. He's a hard working -- the guys a workaholic. He works seven days a week. He works
14 hours a day, so...
Vice Chairman Plummer: OK. It is now continued until November the 17. All in favor of the deferment,
say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show it unanimous.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-1028
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 37
(PROPOSED SETTLEMENT OF $311,991.95 FOR EDWARD MARQUEZ)
TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR
NOVEMBER 17, 1998; FURTHER INSTRUCTING THE CITY ATTORNEY
TO NEGOTIATE WITH MR. MARQUEZ AN AGREEMENT WHEREIN MR.
MARQUEZ COULD PROVIDE THE CITY WITH FINANCIAL SERVICES
FOR THE AFOREMENTIONED AMOUNT OF MONEY.
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.
144 October 13, 1998
Vice Chairman Plummer: Item 38. Oh, by the way, on 37...
Mr. Manuel Gonzalez-Goenaga: Discussion.
Vice Chairman Plummer: ...I'm sorry to tell you, I voted against it in the beginning, so I really have no
problems. Item...
Mr. Gonzalez-Goenaga: May I add for the deferment?
Vice Chairman Plummer: No, sir. It's not a public hearing.
Mr. Gonzalez-Goenaga: In favor of the deferment.
Vice Chairman Plummer: Thirty-eight.
[AT THIS POINT, COMMISSIONER PLUMMER READ RECORD] THE RESOLUTION INTO THE PUBLIC
vice Chairman Plummer: Is there a motion? Is there a motion? That was to represent the City inGregori
International of Florida.
Commissioner Sanchez: Motion move.
Vice Chairman Plummer: Motion by Sanchez. Seconded by...
Commissioner Gort: Second.
Vice Chairman Plummer: ... Gort.
Commissioner Teele: What's the number?
Vice Chairman Plummer: Item 38.
Commissioner Sanchez: Thirty-eight.
Commissioner Regalado: Thirty eight.
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Yes, sir.
Commissioner Teele: Again, Mr. Manager, respectfully, these agendas should be updated. This has fiscal
implications for the external auditor. You know, this thing just rolled over. These memoranda should have
been redated to the date that they're coming before us and I think, you know, it needs to be very clear that
the dates on all of these actions are incorrect and they have FY fiscal year implications.
Vice Chairman Plummer: All in favor of Item 38, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show unanimous.
145 October 13, 1998
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1029
A RESOLUTION AUTHORIZING THE CONTINUING ENGAGEMENT OF
THE LAW FIRM OF DANIELS, KASHTAN & FORNARIS, P.A.
("DANIELS"), FOR LEGAL SERVICES PROVIDED TO THE CITY OF
MIAMI IN CONNECTION WITH THE CASE OF GREGORI
INTERNATIONAL OF FLORIDA, INC. VS. THE CITY OF MIAMI, IN THE
CIRCUIT COURT OF THE ELEVENTH JUDICIAL COURT, CASE NO. 97-
16935-CA (20); ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT
TO EXCEED $25,000.00, FROM THE SELF-INSURANCE AND
INSURANCE TRUST FUND, ACCOUNT CODE NO. 515001.424401.6.661
FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following
vote:
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 39.
Mr. Alejandro Vilarello (City Attorney): These items do have October 13th as the date within the
memorandum.
Commissioner Teele: The memorandum from -- that's in my package from you is dated September 1 on
Number 38.
Mr. Vilarello: Yes, but the proposed resolution is for the City Commission meeting of October 13th.
Vice Chairman Plummer: All right. Item 39.
146 October 13, 1998
[AT THIS POINT, COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE PUBLIC
RECORD]
Commissioner Sanchez: Here's another political motivated error which is costing the City a lot of money.
Vice Chairman Plummer: OK, that's fine, but what are you going to do on this item?
Mr. Manuel Gonzalez-Goenaga: Yes, I have a resolution.
Vice Chairman Plummer: I didn't ask you.
Mr. Gonzalez-Goenaga: Well, you should hear me. I'm entitled.
Commissioner Teele: How much have we paid in legal fees on this matter?
Vice Chairman Plummer: Mr. City Attorney, how much have we paid in legal fees?
Mr. Vilarello: Approximately seven hundred and fifty thousand dollars ($750,000) to our attorneys.
Commissioner Teele: You see, that's my point. Nobody's got a problem paying these damn legal fees as we
go along and these things, as somebody has said, are political. Now, we spent two times -- two and a half
times the amount of money of the settlement in legal fees and, as far as I'm concerned, Mr. Attorney, you're
doing a great job in addressing these things. You inherited them. They were here for a long time. But I got
to tell you, you know, we need to stop suing everybody and we need to stop with these kinds of responses.
We need to try to settle these things and not pay the lawyers to nurse these files and then wind up having --
we're going to lose anyway.
Vice Chairman Plummer: OK.
Commissioner Gort: Question. Wait a minute. Excuse me, excuse me.
Commissioner Sanchez: They're suing us. We're not suing them, are we?
Vice Chairman Plummer: Wait, whoa. One at a time. Mr. Gort has the floor.
Commissioner Gort: I like -- I think its very important, for point of clarification, that my understanding is
the suit against the City of Miami was for about three million dollars ($3,000,000). This was appealed and
the appeal went in favor of the City of Miami, where we didn't have to pay the three million dollars
($3,000,000). My understanding is, because this is a Federal suit and it's a Civil Service...
Mr. Vilarello: Civil rights. Federal civil rights violation.
Commissioner Gort: We do have to pay. Although, the City won the appeal, we have to pay the attorney,
am I correct? But I think it's very important for all of us, that you explain this on the record so people will
have an understanding what we're doing here.
Commissioner Teele: Yeah, but the point is this, Willy. I'll agree to what you're saying and you're right, but
the -- in most of these cases, the people ask for something substantially less than what we're talking about.
The guy didn't just go to court and file a three million dollar ($3,000,000) lawsuit.
Commissioner Gort: No. I understand what you're saying, but that's the other point that we need to -- I
understand, and make people understand here. A lot of times — and you -- we all lived through this with the
insurance company. I've been involved in accidents, where I've told insurance companies, I'm willing to go
to court. I am not guilty. I'm willing to go. I'm willing to take my time. I'm willing to testify. The
insurance company comes back to me and says, "don't, don't do it. We're going to pay five thousand dollars
($5,000) because its worth our -- its a lot better for us to pay the five than to go through the whole process."
I understand that. But I think that needs to be explained so people have an understanding of those things.
147 October 13, 1998
Commissioner Teele: Yeah, you're right
Vice Chairman Plummer: All right. We've danced around Item 39 now long enough. Is there a motion to
do something or not?
Commissioner Gort: Let the attorney to explain it.
Vice Chairman Plummer: Explain it, Mr. City Attorney.
Mr. Vilarello: This case has been tried twice and now appealed twice. On the first verdict, there was a
verdict entered against the City for two point five million dollars ($2,500,000). The judge reduced that
verdict to four hundred thousand dollars ($400,000). The plaintiff was entitled to a new trial. There was an
appeal. The appeal resulted in a new trial being granted.
Commissioner Teele: Who appealed?
Mr. Vilarello: Both parties appealed at the reduction of four hundred thousand dollars ($400,000). A new
trial was granted. A verdict was entered against -- in favor of the City zero, a defense verdict for the City.
And five hundred thousand dollars ($500,000) in a punitive damage award against Jorge Fernandez, a then
-- at that point he was the former City Attorney. That -- at that point the judge in pretrial -- a post trial
motions entered an order of nominal damages against the City, which, under Federal Civil Rights litigation,
would entitle the plaintiff to attorneys' fees arising out of that prevailing party benefit-- as a prevailing party.
The fees in this case, if you just look it as a thumbnail, the amount of dollars and hours the City spent in its
defense, a similar fee or higher might be awardable to the plaintiff, notwithstanding the fact that it was a
nominal damage award, plus there was a five hundred thousand dollar ($500,000) punitive damage award
against your former City Attorney. Now, this settlement does not pay anything toward a punitive damage
award. The City is prohibited from such a payment of punitive damages. However, as part of the
settlements, they've agreed to release Jorge Fernandez from that claim. This fee is three hundred and thirty
thousand dollars ($330,000); two hundred thousand dollars ($200,000) payable in this fiscal year; a hundred
and thirty thousand dollars ($130,000) is payable in the next fiscal year. That includes all attorneys' fees,
costs and any claim of damages that Chief Anderson would have.
Vice Chairman Plummer: Does anybody ... would like to know what this is all about?
Mr. Gonzalez-Goenaga: I know.
Vice Chairman Plummer: I didn't ask you. Yeah, it's very simple. Mr. Anderson asked to be given an
outside legal counsel in a case in which he was being sued. The City Attorney refused and that is the whole
basis of the lawsuit. OK. Now, we've danced around it long enough. Are we going to do something with
Item 39 or we're not?
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: I reluctantly move the recommendation of the City Attorney.
Vice Chairman Plummer: Mr. Teele moves the Item of 39. Is there a second?
Commissioner Gort: I'll second it. I'll second that there needs to be an understanding that we - you're right,
Mr. Sanchez, we have inherited a lot of it.
Vice Chairman Plummer: OK. Call the roll in a hurry before they change their minds
148 October 13, 1998
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-1030
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
PERRY L. ANDERSON, JR., WITHOUT ADMISSION OF LIABILITY, THE
SUM OF $330,000, AS SPECIFIED HEREIN, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI AND ALL PARTIES, INCLUDING BUT NOT
LIMITED TO DAMAGES, ATTORNEYS' FEES, AND COSTS, FOR THE
CASE PERRY L. ANDERSON, JR. VS. CITY OF MIAMI, JORGE L.
FERNANDEZ, AND A. QUINN JONES, III, IN THE UNITED STATES
DISTRICT COURT, COURT CASE NO. 92-0435-CIV-GRAHAM, UPON THE
EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF
MIAMI FROM ANY ALL CLAIMS AND DEMANDS; ALLOCATING
FUNDS THEREFOR FROM THE INSURANCE AND SELF-INSURANCE
TRUST FUND, INDEX CODE NO. 515001.424401.6.661.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: Commissioner Joe Sanchez.
ABSENT: None.
Vice Chairman Plummer: Item 40. We're going to pay another lawyer.
[AT THIS POINT, COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE PUBLIC
RECORD]
Commissioner Teele: Mr. Attorney.
Vice Chairman Plummer: Mr. Attorney.
Commissioner Teele: Mr. Manager, Mr. Attorney, Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Here we go again. Now, look, this thing was on television and, for some reason --
and, Commissioner Plummer, you should know. Your name got thrown around this thing. It got off the air
and about five or six people called me. I've had two or three ministers call me. I don't like the way this
lawsuit smells. I don't like some of the things that they're saying about police officers in this thing. I think
there is some real liabilities here and I'm just going to tell you right up front, if what people said they saw on
149 October 13, 1998
television is right, we need to settle this matter. And I would move to approve the Manager - the Attorney's
request to provide fifteen thousand dollars ($15,000) of sevent)-five thousand dollars ($75,000) requested
for the purpose of trying to settle this lawsuit.
Vice Chairman Plummer: That's not what's before us. It's 75,000 which is before us.
Commissioner Teele: And I'm moving fifteen thousand dollars ($15,000). Because, if you give a lawyer
seventy-five thousand dollars ($75,000), you know what he's going to do?
Vice Chairman Plummer: I misunderstood you. What you're saying is, instead of the seventy-five, you're
recommending the 15?
Commissioner Teele: Fifteen.
Vice Chairman Plummer: You're amending the motion?
Commissioner Teele: That's correct.
Vice Chairman Plummer: Is there a second to the amendment?
Mr. Alejandro Vilarello (City Attorney): Commissioner, could I...
Vice Chairman Plummer: Excuse me. Is there a second to the amendment?
Commissioner Regalado: I'll second.
Vice Chairman Plummer: All right. Now, Mr. City Attorney.
Mr. Vilarello: Commissioner, would you consider changing your motion for twentyfive thousand dollars
($25,000) to provide us...
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Is there an amount already owed to the attorney that this is going to cover?
Mr. Vilarello: Approximately, five thousand dollars ($5,000) of it is already-- is already anticipated that
we're going to get an invoice within the next month. Because we had the Civil Service Board hearing,
which, of course, took the number of hours. At this point, there is no outstanding invoice which is covered
by this but I anticipate...
Commissioner Teele: It's going to take -- look, we may not be able to settle the matter but I think the
pressure ought to be on everyone to try to settle it and we're -- that doesn't mean we're going to cave twenty
thousand dollars ($20,000).
Vice Chairman Plummer: So, the answer is no.
Mr. Vilarello: That's fair. Thank you.
Vice Chairman Plummer: The answer is no. OK. All in favor of...
Commissioner Teele: As amended to twenty thousand dollars ($20,000).
Vice Chairman Plummer: As amended. Item -- Mr. Boom -Boom, do you want to talk?
Mr. Manuel Gonzalez-Goenaga: No. Now, after hearing what you have been discussing and knowing the
real bottom line of all these and the history of the past things, let me tell you. My suggestion is that you
settle with Ivy Kearson, an ex -employee of the City of Miami. This has been going on for a long time. It
went to the Third District Court of Appeals. He won. You might fool the citizens, Mr. Plummer, but you
don't fool me. I strongly suggest that this has been for long time.
150 October 13, 1998
Vice Chairman Plummer: No fool like an old fool.
Mr. Gonzalez-Goenaga: That, instead of giving away money for outside counsel, you settle for -- not
money wise. Maybe another job for Ivy Kearson.
Vice Chairman Plummer: Thank you, sir.
Mr. Gonzalez-Goenaga: And get ready for mine that is coming very soon.
Commissioner Teele: On the question, Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: On the question. A settlement, Mr. Attorney, means a settlement of all City
employees or officials, if there were to be a settlement in the Kearson matter. Of all City employees,
whether in their union capacity or their law enforcement capacity or their Commission capacity or their
Manager capacity.
Mr. Vilarello: I understand.
Vice Chairman Plummer: Central Shopping Center. Are you sitting here just waiting to clarify? Mr ... the
gentleman from...
Unidentified Speaker: Yes.
Commissioner Teele: Can we carry this motion before you move on?
Vice Chairman Plummer: I thought we did.
Commissioner Teele: No.
Vice Chairman Plummer: Call the roll.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-1031
A RESOLUTION AUTHORIZING THE PAYMENT OF FEES FOR LEGAL
SERVICES PROVIDED TO THE CITY OF MIAMI BY WEISS SEROTA
HELFMAN PASTORIZA & GUEDES, P.A. ("WEISS"), AND THE CITY
ATTORNEY' S CONTINUED ENGAGEMENT OF SAID FIRM, IN
CONNECTION WITH TWO LAWSUITS, IVEY KEARSON, JR. VS. THE
CITY OF MIAMI AND THE CIVIL SERVICE BOARD, IN THE CIRCUIT
COURT OF THE ELEVENTH JUDICIAL CIRCUIT, CASE NOS. 96-238 AP
AND 96-242 AP, WITH FEES FOR SAID SERVICES IN AN AMOUNT NOT
TO EXCEED $20,000; ALLOCATING FUNDS THEREFOR FROM THE
SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE
NO. 515001.424401.6.661.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
151 October 13, 1998
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: Gentlemen, on Item 4, earlier much of the day on Central Shopping Center, they
tried to change the dates and they shouldn't have because the dates on the agenda were the correct dates, so
the resolution is, is that the thing will be from October 29th to November the 8th. Mr. City Attorney, have I
got to pass another resolution or...
Commissioner Gort: We approved certain dates. He's just changing the dates to...
Vice Chairman Plummer: Excuse me. When the gentleman came before us, he said the dates on Item
Number 4 were not correct and we changed it to what he said was correct. Now, he comes back and says
what was on the agenda was correct and he wants to make sure that he is walking out the door with the
proper dates?
Mr. Alejandro Vilarello (City Attorney): At this point, yes, he need to pass a new...
Vice Chairman Plummer: Then a motion is in order that the item four, October 29th to November 8th is the
item. Moved by Gort. Seconded by Regalado. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? I'm sorry. I kept you waiting. I really didn't-- it's my fault
152 October 13, 1998
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-1032
A RESOLUTION RELATED TO THE TEMPORARY SPECIAL EVENT,
WITH MECHANICAL RIDES, SPONSORED BY THE CENTRAL
SHOPPING PLAZA MERCHANTS ASSOCIATION, TO BE HELD
OCTOBER 29TH THROUGH NOVEMBER 8TH, 1998, AT 700
NORTHWEST 37TH AVENUE, MIAMI, FLORIDA; GRANTING
APPROVAL PURSUANT TO SECTION 906.9 OF THE ZONING
ORDINANCE, AS AMENDED, FOR SAID EVENT TO TAKE PLACE ON
MONDAY, TUESDAY AND WEDNESDAY, NOVEMBER 2ND - 4TH, 1998,
SUBJECT TO THE FOLLOWING CONDITIONS: (1) EVENT SPONSOR
MUST APPLY FOR A CLASS I SPECIAL PERMIT; (2) GENERATORS AND
TRUCKS SHALL NOT BE PARKED IN AREAS ADJACENT TO
RESIDENTIAL AREAS; AND (3) SECURITY GUARDS ARE REQUIRED
DURING THE ENTIRE EVENT; (4) GAMBLING IS PROHIBITED; (5) NO
PERSON SHALL DWELL ON SITE; AND (6) NO KNIVES OR ANY OTHER
OBJECTS RESEMBLING WEAPONS SHALL BE SOLD OR USED IN
CONNECTION WITH GAMES OF CHANCE; AND FURTHER,
AUTHORIZING AN EXEMPTION FROM THE PROHIBITIONS OF
SECTION 36-4 AND RELAXATION OF TIME RESTRICTIONS OF
SECTION 36-5 OF THE CITY CODE, AS AMENDED, FOR THE
OPERATION OF SOUND MAKING DEVICES FOR DATES AND TIMES
DESIGNATED HEREIN IN CONNECTION WITH SAID EVENT.
(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. AUTHORIZE PROFESSIONAL SERVICE AGREEMENT, WITH THE COOPER INSTITUTE'
FOR AEROBICS RESEARCH -- FOR PHYSICAL FITNESS SPECIALIST CERTIFICATION'
WORKSHOP -- FOR POLICE IN AMOUNT NOT TO EXCEED $12,000 -- ALLOCATE FUNDS
FROM THE ENTREPRENEURIAL FUND, ACCOUNT CODE NO. 126001.290402.6.270.
Vice Chairman Plummer: All right. Item 42.
Commissioner Gort: Charge him double next time.
Vice Chairman Plummer: Charge him double, right. A professional agreement for the Police Department --
damned if I understand this one. Aerobics Research. Physical fitness specialist.
Commissioner Sanchez: So moved.
Vice Chairman Plummer: For twelve thousand dollars ($12,000). Moved by Sanchez and seconded by
Regalado.
153 October 13, 1998
Mr. Donald H. Warshaw (City Manager): No cost to the City, Commissioner.
Vice Chairman Plummer: No cost to the City. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed? Ordered.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1033
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICE AGREEMENT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITH THE COOPER INSTITUTE FOR AEROBICS
RESEARCH, FOR A PERIOD OF ONE (1) YEAR, TO PROVIDE A
PHYSICAL FITNESS SPECIALIST CERTIFICATION WORKSHOP, FOR
THE CITY OF MIAMI POLICE DEPARTMENT, IN AN AMOUNT NOT TO
EXCEED $12,000.00; ALLOCATING FUNDS THEREFOR, FROM THE
ENTREPENEURIAL FUND, ACCOUNT CODE NO. 126001.290402.6.270.
(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.
Vice Chairman Plummer: City Manager...
Commissioner Gort: (Inaudible)
Vice Chairman Plummer: Who the hell knows.
Commissioner Sanchez: It's required by...
Vice Chairman Plummer: Hey, enough, enough.
[AT THIS POINT, COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE PUBLIC
RECORD]
Vice Chairman Plummer: I'm going to ask this to be deferred.
154 October 13, 1998
Commissioner Regalado: I got a question on...
Vice Chairman Plummer: No, wait a minute. Wait, wait, wait, wait, wait.
Commissioner Regalado: I got a question.
Captain Jorge Longueira: Commissioner, this was deferred at the last meeting.
Commissioner Teele: So moved, Mr. Chairman.
Vice Chairman Plummer: To provided human-- oh, no, I'm sorry. I'm sorry. This is a different item.
Commissioner Sanchez: No, it's...
Vice Chairman Plummer: I'm sorry, 43. You wish to discuss it, sir?
Commissioner Regalado: I wish.
Vice Chairman Plummer: OK. Mr. Regalado.
Commissioner Regalado: I'll move for the purpose of discussion.
Vice Chairman Plummer: All right, sir.
Commissioner Regalado: The Institute of Government atFIU (Florida International University) was ranked
first. Public Safety International was ranked second. Now, number one has an office in downtown Miami,
is that correct? Number two has an office in Miami -Dade County. But the training -- the training will be
taking place from the first one, where?
Captain Longueira: As part of the negotiations, Commissioner, whenever we go to negotiate with them,
where that training will occur. If you have some direction you want to do give us...
Commissioner Regalado: Well, directions I have is that I checked both places for training and the second
has the location for training closer to the City of Miami than the one thatFIU has.
Mr. Donald H. Warshaw (City Manager): It's conceivable the training could even take place in the Police
Department or in some other venue within the City. That's subject to our negotiation with them.
Commissioner Regalado: Mr. Manager, I don't have any problem. What I'm saying is that, if the police
officers have to go -- have to travel one or two hours to take the training, which I think that the first one, I
think, that they have the training way in South Dade.
Captain Longueira: Commissioner, this type of training is two days of training. The officers go right from
their home to the training. They don't leave work to go to the training. They go from their home to the
training. They go for two days at night. They go back home. It's not an issue of traveling from work.
Vice Chairman Plummer: Well, are we in a process of really sending the two names to the Manager for
negotiations? Let him come back and recommend his negotiations to this Commission. All we're doing
right here is just -- we're not accepting it. I'm not going to vote to accept it.
Commissioner Gort: Excuse me.
Vice Chairman Plummer: We're going to have to negotiate it and come back here.
Commissioner Gort: Now, let me ask you...
Vice Chairman Plummer: Mr. Gort.
Commissioner Regalado: No, you're not doing that. You're telling the Manager to negotiate with the
155 October 13, 1998
number one...
Vice Chairman Plummer: No, no, no, I'm not telling him that.
Commissioner Regalado: And if he does not succeed, you're...
Vice Chairman Plummer: No, no, no. He's going to have to bring it back here.
Commissioner Gort: Excuse me. I need to ask a question.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: My understanding, number one, Institute of Government at FIU is located 150
Southeast 2nd Avenue. Number two is 8155 Northwest 31 st Street. It's not within the city.
Commissioner Regalado: It's not in the City. That's what I said.
Vice Chairman Plummer: Again, it's been said...
Commissioner Gort: Neither one of them. I mean, one of them is the number one.
Vice Chairman Plummer: But it's been said that that's a negotiable item.
Commissioner Regalado: That's what I said. But I said-- I said that they have the office in the city but the
training site outside of the City. That's what I said. And the second one has the office and the training site
outside of the City but closer to...
Vice Chairman Plummer: Sir, can I beg of you that we give it to the Manager with the recommendations
that you wish to make to him in his negotiations and then he brings it back to the Commission?
Commissioner Regalado: Fine with me, but...
Captain Longueira: Commissioner, it's not...
Vice Chairman Plummer: That's it. OK. Is there a motion?
Commissioner Sanchez: Move.
Vice Chairman Plummer: Moved by Sanchez. Seconded by Regalado. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show unanimous ballot.
156 October 13, 1998
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1034
A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION
COMMITTEE THAT THE MOST QUALIFIED FIRMS, IN RANK ORDER,
ARE: 1) INSTITUTE OF GOVERNMENT AT F.I.U., AND 2) PUBLIC
SAFETY INTERNATIONAL, TO PROVIDE HUMAN DIVERSITY
TRAINING FOR SWORN PERSONNEL OF THE CITY OF MIAMI POLICE
DEPARTMENT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE AN AGREEMENT, WITH THE TOP RANKED FIRM, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR A TOTAL SUM
NOT TO EXCEED $135,000.00, FOR AN INITIAL TERM OF TWO (2)
YEARS, WITH THE OPTION TO EXTEND FOR AN ADDITIONAL ONE (1)
YEAR PERIOD, FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE AN AGREEMENT WITH THE SECOND
RANKED FIRM SHOULD NEGOTIATIONS FAIL WITH INSTITUTE OF
GOVERNMENT AT F.I.U.; ALLOCATING FUNDS THEREFOR FROM THE
LAW ENFORCEMENT TRUST FUND PROJECT NOS. 690001, 690002 AND
690003, SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE
CHIEF OF POLICE AS COMPLYING WITH THE PROVISIONS OF THE
U.S. TREASURY DEPARTMENT'S "GUIDE TO EQUITABLE SHARING"
AND FLORIDA STATUTE, SECTION 932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Vice Chairman Plummer: Item 44. Item 44 is a four/fifths vote. Confirming the City Manager's finding for
competitive sealed bidding. Approve the emergency procedure. Now we're going into psychological
pre -employment screening.
Commissioner Sanchez: So moved.
Vice Chairman Plummer: Moved by Sanchez. Seconded by...
Commissioner Gort: Is this required in order to be...
Vice Chairman Plummer: By Gort.
157 October 13, 1998
Commissioner Gort: Yes.
Commissioner Sanchez: It's a necessity.
Vice Chairman Plummer: All in favor of 44, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Show unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1035
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 THE EMERGENCY PROCUREMENT
OF PSYCHOLOGICAL PRE -EMPLOYMENT SCREENING &
PSYCHOLOGICAL COUNSELING SERVICES FROM LAW
ENFORCEMENT PSYCHOLOGICAL AND COUNSELING ASSOCIATES,
INC., IN AN AMOUNT NOT TO EXCEED $103,000.00, FOR THE
DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM
THE POLICE GENERAL OPERATING FY 98/99 BUDGET, ACCOUNT
CODE NOS. 001000.290201.6.260 ($65,000) AND 001000.290201.6.270
($38,000); FURTHER, RATIFYING, APPROVING, AND CONFIRMING THE
CITY MANAGER'S ISSUANCE OF AN EMERGENCY PURCHASE ORDER
FOR THIS MAINTENANCE.
(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.
Vice Chairman Plummer: Item 45.
Mr. Manuel Gonzalez-Goenaga: No, this is an emergency. It's a public hearing.
Vice Chairman Plummer: You wish to speak on the issue?
Mr. Gonzalez-Goenaga: Yes, I...
Vice Chairman Plummer: Please do. You have one minute.
Mr. Gonzalez-Goenaga: Well, speaking on all the issues about these type of aerobics and all, let me tell you
something. If you send all the screening on the police to my home and I will let - be able to interview them,
you can rest assure that if I give them a good grade, they will be good policemen.
Vice Chairman Plummer: Thank you, sir.
158 October 13, 1998
Mr. Gonzalez-Goenaga: Let me...
Vice Chairman Plummer: Item 45. A four/fifths vote. Approving a new roof-- what is this -- on the
Convention Center, Mr. Joe? Is this --
Mr. Jim Kay (Director/Public Works): I'm sorry.
Vice Chairman Plummer: A new roof on the Convention Center?
Mr. Kay: It's a repair, yes. It's a new roof.
Vice Chairman Plummer: A repair for that amount of money?
Mr. Kay: Well, it's a new roof. We're replacing a whole new section.
Vice Chairman Plummer: Is there a motion?
Commissioner Gort: Move it.
Vice Chairman Plummer: Moved by Gort. Seconded by Sanchez. Any further discussion? All in favor,
say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Show unanimous.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-1036
A RESOLUTION, BY 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS
OF THE CITY COMMISSION, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY,
AND APPROVING THE AWARD OF A CONTRACT TO WEISS &
WOOLRICH SOUTHERN ENTERPRISES, INC., FOR THE "COCONUT
GROVE CONVENTION CENTER OFFICE ROOF REPLACEMENT, B-6304"
PROJECT; ALLOCATING FUNDS THEREFOR IN THE AMOUNT OF
$42,000.00 TO COVER THE CONTRACT COST AND $4,080.00 TO COVER
THE ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL AMOUNT
OF $46,080.00, AS APPROPRIATED BY THE FY 1997-1998 CAPITAL
IMPROVEMENT ORDINANCE NO. 11623, AS AMENDED, PROJECT NO.
325006.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
159 October 13, 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
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
55. DEFER CONSIDERATION OF AGENDA ITEM 46` (discuss COST AND TIME ELEMENT OF
DOING POLICE/FIRE'OPERATIONAL REVIEW ASSISTANCE ON THE STRATEGIC PLAN AND
ITEM 47 (NOISE FROM SLOPPY JOE'S BAR AT 3131 COMMODORE PLAZA).
Vice Chairman Plummer: I'm going to move 46 and 47 to the next agenda. I move that they be deferred. Is
there a second?
Commissioner Gort: Second.
Vice Chairman Plummer: All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed? Show like sign.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.98-1037
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 46
(PROPOSED DISCUSSION AS TO THE COST AND TIME ELEMENT OF
DOING THE POLICE / FIRE OPERATIONAL REVIEW ASSISTANCE ON
THE STRATEGIC PLAN) AND ITEM 47 (PROPOSED DISCUSSION
REGARDING NOISE COMING FROM SLOPPY JOE'S BAR LOCATED AT
3131 COMMODORE PLAZA) TO THE NEXT AGENDA.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
56. REFER TO MIAMI STREET CODESIGNATION REVIEW COMMITTEE DESIGNATION OF
NORTHWEST 32ND STREET WITH THE NAME OF AIDA RAMOS.
Vice Chairman Plummer: Commissioner Regalado's request regarding the designation of 32nd Street of
Mrs. Aida Ramos, a community active who work... why are you doing things in Wynwood?
Commissioner Regalado: Because...
Vice Chairman Plummer: That's my district.
160 October 13, 1998
Commissioner Regalado: Because they call you but you were busy doing...
Vice Chairman Plummer: That's all right.
Commissioner Sanchez: You were too busy at the funeral.
Commissioner Regalado: And I told them...
Vice Chairman Plummer: Right. We send it to the -- we send it to this Memorial Committee, is that what
we do? Don't we send it to the...
Mr. Jim Kay (Director/Public Works): Yes, it goes to the Street Codesignation Committee from here.
Vice Chairman Plummer: Yeah. Also, let's remember, no more than one block, OK? I mean, it's no longer
Luis Sabines Way from Miami River to Naples.
Commissioner Gort: We didn't do that. The County did.
Vice Chairman Plummer: Well, whoever did it.
Commissioner Regalado: I thought it was two blocks. I thought it was...
Vice Chairman Plummer: You want two blocks, we'll negotiate. She was a great lady.
Commissioner Regalado: She was.
Vice Chairman Plummer: OK. So, send it to the Designation Committee. All right, 49. Request of Teele.
Is he here? He's not here. Request of Sanchez. Discussion regarding Budget Review. You want five
minutes. We'll come back to that. Request of Gort. Discussing regarding proposal for the Dominican
American National Foundation.
Commissioner Gort: No, that's out. I pulled that out.
Vice Chairman Plummer: You've pulled that out and withdrawn it.
57. DISCUSS STATUS OF MIAMI MARINE STADIUM.'- DIRECT CITY MANAGER TO PROVIDE
COMMISSION WITH MIAMI MARINE STADIUM STATUS REPORT - FURTHER DIRECT
MANAGER TO CONDUCT WORKSHOP PRIOR TO ISSUING REQUEST FOR PROPOSALS FOR
MIAMI MARINE STADIUM - FURTHER RECOMMENDING HIRING CONSULTANTTO
EVALUATE PROPOSALS.
Vice Chairman Plummer: Item 50-B. Commissioner Gort regarding the Miami Marine Stadium. Mr.
Teele, I over went 49. I'll come back...
Commissioner Teele: We took that up this morning.
Vice Chairman Plummer: You're correct, sir. Thank you. Mr. Gort, on Item 54B.
Commissioner Gort: We've been talking quite a bit about this section of the City, what we're going to do
with it and I think we should be about ready to go out with an RFP (request for proposals). I mean, we've
been talking for the last two years now.
Vice Chairman Plummer: Well, Mr. Gort, let me -- since I'm your designated representative to this
committee, in the wisdom and the...
Commissioner Gort: Which committee is this?
Vice Chairman Plummer: The committee... I'll tell you if you'll listen to me. The committee that was so
designated by State Statute that nothing could happen east of the toll booth. I serve as your designated
161 October 13, 1998
representative. Metropolitan Dade -County has a representative. The Village of Key Biscayne has one and
DCA (Department of Community Affairs). I'm proud to tell you that the City of Miami is the only one who
has come forth with a comp plan. They will be coming out with an RFP probably in December, as I
remember.
Ms. Arleen Weintraub (Assistant Director/Planning and Development): What I had stated -- Arleen
Weintraub for the record department of Planning and Development. I had said in January of'99 we'd like to
come before this Commission with the declaration to begin the issuance of the RFP process for the UDP
(Unified Development Plan).
Vice Chairman Plummer: So, to answer your question, Mr. Gort, it is in the works but the problem is
existing with the Village of Key Biscayne and I'm going to put it right on the record. They're using the City
of Miami as a pawn to try to accomplish what they need to do for their village and their problem-- their
main problem over there is the fact that they promised, when they got their approval from the state to
become, that they were going to have two large recreational areas. They thought they could get it from
County in Calusa Park next to them, contiguous to them, and Dade County has told them go, hey, go whistle
in the dark. They talked about the City of Miami using that for softball grounds and soccer fields and all of
that and the City of Miami said, come with a blank check. So, I think that we're moving in the right
direction. We're looking at our comp -- our plan being approved by the DCA when?
Ms. Weintraub: The land use classifications will be submitted, in fact, this week and it'll take about 30 days
to return, so we're look at November, December.
Vice Chairman Plummer: OK. And once all of that is done, Mr. Gort, then we can go ahead and proceed in
January with an RFP for the -- not only the Marine Stadium but the entire scenario, which is now in seven
different lumps. Mr. Gort. Oh, I'm sorry. Do you have any...
Commissioner Gort: My understanding is, then you're separating the -- and it's going to be three different --
four different uses on the island itself? Seven?
Vice Chairman Plummer: Seven.
Commissioner Gort: OK.
Vice Chairman Plummer: OK. Well, there are seven areas. Seven designated areas.
Ms. Weintraub: That's rights. It has not been determined. We will come before this Commission with a
recommendation when we declare this project to be a UDP (Urban Development Project) on how these
parcels should be assembled or not. Those decisions have not been made.
Commissioner Gort: Who makes the decisions on how those parcel are going to be...
Vice Chairman Plummer: We do.
Commissioner Gort: We. You're talking about...
Vice Chairman Plummer: We, the Commission.
Commissioner Gort: No, I understand that. But before we make a decision, recommendations got to come
to us and I understand staff Planning Department is going to be involved. Do we have anybody from the
private sector involved in this too?
Vice Chairman Plummer: Not yet.
Commissioner Gort: OK. Well, I'd like to get some input from the private sector also. Because we can plan
to do something and it might not be logical and that's happened in the past.
Vice Chairman Plummer: There's — just for your information, Mr. Gort, there are other factors that we can't
do anything about and I'll give you one of them. The County is putting out a new landfall mine out for the
162 October 13, 1998
sewage out -fall line. That damn thing is 12 foot wide. You can drive a jeep down the thing. And it's going
to be two years before that is actually completed. Even though it looks completed now on our property, they
are on the outside into the water area and will be coming back tearing up our property again once they finish
the water side. There's a number of things that have been done. There's a number of things that can't be
done. And Dena will be coming forth with a revocable license at the next meeting, I hope, for the parking of
Fisher Island. They want to take into consideration -- and I think they're crazy. But Dena, please, put it on
the next agenda. They have a designated area that they would like to improve, at their expense, for a
hundred thousand dollars ($100,000) to file five hundred cars and they will pay the City a revenue. Their
initial offer is an insult. I would not even consider their initial offer, but it is on a revocable-- and what I
think is crazy, they're talking about spending a hundred thousand dollars ($100,000) to do what is necessary
to bring it into compliance, which we can kick them out in 30 days and they don't get a dime back. And its
got to be written just that way.
Commissioner Regalado: When does parking start?
Vice Chairman Plummer: It hasn't started. You mean...
Commissioner Regalado: No, when?
Vice Chairman Plummer: Are you talking about the one for Fisher Island or the one in the Marine Stadium?
Commissioner Regalado: The Fisher Island. The Fisher Island.
Vice Chairman Plummer: Sir, it hasn't come before us. It was brought to me because it's in my district and
ask that what would happen and I -- it's in front of Dena and, hopefully, it will come back before us at the
next Commission meeting.
Commissioner Regalado: OK. Mr. Chairman, I have one or two questions.
Vice Chairman Plummer: Sure.
Commissioner Regalado: First of all, you said -- Arleen said that by January the process of the RFP will
begin. Your timetable calls for a process for the RFP to be issued by April, is that correct?
Ms. Weintraub: By March, 1999. Yes, sir
Commissioner Regalado: By March. OK. Why...
Vice Chairman Plummer: Well, wait, wait, wait. Wait a minute. Just, please. Let me stop you for one
second. Arleen, make it very certain, you know, that we are at the mercy of the DCA. Now, all of that is at
the behest that the DCA is going to do in 30 days what we normally think they do but with the DCA
involved in this thing from the state statutes or the state legislature in reference to east of the toll gates, I
want -- I don't want her to be in trouble that, come January, she can't do what she's saying here, under
normal circumstances she would do. So, I want that-- I want to give that amount of latitude.
Ms. Weintraub: Thank you.
Commissioner Regalado: But that was precisely my point. Two things. First of all, we are at the mercy of
the State Oversight Board and then it's very difficult to work with the State of Florida. I would think that the
mission of the Oversight Board will be -- to be sort of a conduit between the City and the state of Florida,
that they would probably have some pool in terms of helping us getting through the read tape. That's one
thing. The second thing is that, I don't see why, Arleen and Lourdes and Dena, we cannot work in parallel
way; that we can now start deciding whether we want to issue an RFP (request for proposal) for the whole
area; whether we want to do only for Marine Stadium; whether we want to do something for the area, and
the reason, Arleen, is because you were in my office with some people that really were interested. Probably
in six months, they won't be interested. There is another group that is also interested in doing things. I
would think that by starting deciding now what we going to do will encourage those people to keep the faith
because, as you very well know, these people that you met with them do not have faith in the City because
they tried several times before. So, I don't know if we can at least have some ideas of what is it in your mind
in terms of the situation in Virginia Key.
163 October 13, 1998
Vice Chairman Plummer: All right. I think what you can do is give us abi-weekly report and keep each
Commissioner apprised of what's going on every two weeks and I think that way it will a long way to, not
only help us but help you.
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: I'd like to add that we've had all of those people that approached us with different type
of project. My suggestion to -- which I will do from now on and suggest it to my colleagues. Let's send
them to the Planning Department so they can hear what's out there in the market because that's very
important. Who's got interest and what kind of projects are interested.
Commissioner Regalado: I thought they had met with them.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, I want to associate myself with the remarks of Commissioner Gort.
Now, look, all of us in government have opinions. But whether or not those opinions work in the market
place will only be determined by the market place.
Vice Chairman Plummer: That's right.
Commissioner Teele: We have heard enough about waterfront this morning to know that we in government
may not have all the answers. This is a little bit of on the cutting edge. A little bit. I think Commissioner
Gort's point is that we should have a workshop, if you will, before we even start the RFP. We should have a
clear -- we, being the staff, the City of Miami -- and we should invite people to come in and tell us what they
think works. Now, obviously, nobody's going to put their best hand down but at least we ought to throw out
some ideas that somebody says, well, that's a great idea. That's kooky. You know, that wouldn't even work
in Honolulu, Hawaii. I mean, so to speak. So, I don't think we ought the take too much pride in ideas and
authorship and then get locked in and be in a situation like we've been here. Because its very clear to me
that this gentleman on slip number one and the staff have a problem. I don't know who its with or why-- if
he's a good guy, bad guy. Even though he called me Arthur, I don't know the gentleman but he's a fine
person. And I don't want to see us get locked into something and then we spend all our time digging in and
trying to defend something. And so, Commissioner Gort's point is one that I am strongly associated with. I
think there needs to be a workshop beforehand. I think there ought to be a pro -bid con -- an RFP go out or
RFQ (request for qualifications) go out, a pre -bid conference kind of thing, where everybody gets to put in
and I don't think we ought to rush into this. I mean, this thing has sat there. I think we need to rush the
process forward in terms of let's move forward but if -- it wouldn't help hurt me at all if this is a six month
bid process or a five month bid process in terms of let's try to get the industry involved in giving us their
advice. I also think, Arleen, Mr. Manager, respectfully to you, I also think it would be very good if we could
get a consultant to the staff. Because, see, the problem with this stuff is that everybody comes in with their
architect, their engineers, some world famous this, and we are winding up here, you know, reading books.
And I think it would be well -- we would be well-advised to get a consultant, somebody who cannot bid on
this thing, that can't play a role in this and that we really began to approach this the same way we would do if
we were the private sector and those are my recommendations, Mr. Manager. I hope you will consider
them.
Vice Chairman Plummer: Mr. Teele, I want to tell you. You'd be extremely proud of what the job is - your
staff has done in representing this City. I got to tell you, as your liaison to that committee, they've made my
life very, very easy and I've only had to scream or holler once or twice, not at them but at the other people
there. I just want to caution all of you, knowing that the State doesn't move extremely fast. They're like City
government. No one ever accused them of being efficient. But we're kind of like in a holding pattern until
the State has made a final decision and they're saying that three out of the four groups have to be-- I mean,
let me just give you an example. If the Audubon Society has their way at these hearings, you're going to be
very, very limited. If Friends of the Everglades have their way, you know, that's going to be another
scenario.
164 October 13, 1998
Commissioner Gort: Do we have Everglades there?
Vice Chairman Plummer: Well, they're the friends of the Everglades. Then you got the Eco thing and
you've got another guy that comes over there wanting to establish soccer. Of course, he wants to be the
Majordomo of the soccer fields. I mean, it's a mixed bag, I got to tell you
Commissioner Regalado: J.L.
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: That's why -- because of that, that's why we appointed that committee of very
important people, even within the environment area. That committee should be used for the purpose of
communicating with those other groups and the state.
Vice Chairman Plummer: I hear you.
Commissioner Regalado: Well.
Vice Chairman Plummer: All right. Mr. Gort, you have any further questions? I think that the two weeks -
every two weeks update would be very, very beneficial and I will look for you to do that.
58. DIRECT CITY MANAGER TO SCHEDULE FOR MEETING OF OCTOBER 27, 1998 ISSUES OF
BEDMINSTER 'SEACOR SERVICES (RECYCLING) LAND GROVEHARBOUR' MARINA AND
CARIBBEAN MARKETPLACE (DINNER KEY BOAT YARD).
Commissioner Regalado: I have a question.
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Not on this issue. I have a question on Grove Harbor. What is happening, Dena?
Vice Chairman Plummer: Which item number is that?
Commissioner Regalado: It's not. Ifs ... we already did it, I think.
Commissioner Gort: No, we haven't.
Vice Chairman Plummer: No, we're not finished with the agenda.
Commissioner Regalado: No, we're finished with this item, said Commissioner Teele.
Vice Chairman Plummer: Yes, that's true.
Commissioner Regalado: But this is waterfront property.
Vice Chairman Plummer: Yes, uh-huh.
Commissioner Regalado: We heard going around the waterfront.
Vice Chairman Plummer: Right.
Commissioner Regalado: So, what's the situation?
Ms. Dena Bianchino (Assistant City Manager): Commissioner, we have met on two occasions and have
sent several letters to the parties involved and have yet to receive written confirmation from them as to who
exactly is involved in this transaction. We don't have that information. We have asked them to provide it.
They said they would. It has not been forthcoming. We have had preliminary discussions with them
regarding some financial terms. We haven't gotten very far with them on that. I'm going to call a meeting of
them next week and would hope that they can come forth with what we need or we may have to come back
165 October 13, 1998
to the Commission on this.
Vice Chairman Plummer: Mr. Regalado, can I offer a suggestion? That if staff cannot come with a solution
by the first of November, we hire outside people to do it. I mean, this is-- it's getting to the point where...
Commissioner Regalado: No, I think that we shouldn't -- I think that, by the 27th of October, the
administration should come and they should tell all the parties that the Commission is requesting a direct,
concrete response by the 27th.
Vice Chairman Plummer: Well, you know, that's well and good.
Ms. Bianchino: We can do that.
Commissioner Gort: Let's fish or cut bait.
Vice Chairman Plummer: I agree with that, OK. Now, what are you going to do on Bedminster? Have
you...
Commissioner Regalado: Well, I was also going to ask-- that's not a waterfront property. But also I...
Vice Chairman Plummer: Come on. You know...
Commissioner Regalado: Mr. Manager, would it be possible...
Vice Chairman Plummer: I mean, this thing is getting delayed and delayed.
Commissioner Regalado: J.L.?
Vice Chairman Plummer: Here these people are telling you, Mr. Manager, pick any one of the big six,
they'll pay for it. Let the evaluation fall where it may and if it-- and you read the letter from them. They
said they'll hold the abeyance of the lawsuit. They'll withdraw it. And if, in fact, they are right, then let's
proceed. And if they are wrong, they'll pay the big six and walk out the door. I mean, how much more do
you want?
Mr. Alejandro Vilarello (City Attorney): Commissioner, after that statement was made at this Commission
meeting, I did receive correspondence making that representation and it's my intention to brief the Manager
and the City Commissioners individually to discuss that item.
Vice Chairman Plummer: That's well and good, but they said that before and nobody from the
administration took the first step to go out and say, let's talk. Everybody sat back and did nothing. And you
know how much money we took in? Nothing.
Mr. Vilarello: Commissioner, that's incorrect. We did immediately, upon the-- at the same time that the
lawsuit was filed by Bedminster, we represented to them that the Manager was willing to sit down...
Vice Chairman Plummer: Why they did file the lawsuit? Because everybody was sitting back on their
hands doing nothing. They couldn't get anybody in the administration-- and, please, don't take this personal.
Mr. Donald H. Warshaw (City Manager): I don't.
Vice Chairman Plummer: But nobody would move.
Mr. Warshaw: They filed a lawsuit because we're at odds over a hundred and thirty million dollar
($130,000,000) difference of opinion.
Vice Chairman Plummer: No, sir, that's not correct. All right. The filing of the lawsuit was that you
wouldn't negotiate. Look, I'm not here fighting for them. But if these people are willing to choose any one
of the big six, independently and, in fact, if you all can't agree...
166 October 13, 1998
Commissioner Teele: Other than the one we're suing.
Vice Chairman Plummer: What?
Commissioner Teele: Other than one we're suing.
Vice Chairman Plummer: Well, maybe we might even negotiate that one out a little bit.
Commissioner Gort: Chief.
Vice Chairman Plummer: But, you know, it's ridiculous that we're not getting this stuff done.
Commissioner Gort: J.L.?
Vice Chairman Plummer: Mr. Gort.
Commissioner Regalado: Can I...
Commissioner Gort: The problem that I have, I think, if they made an offer and it's a valid offer and it's
legal, we should take it. Let me tell you why.
Vice Chairman Plummer: I would have thought if, in fact, they were....
Commissioner Gort: Excuse me. J.L., I am not finished.
Vice Chairman Plummer: I'm song.
Commissioner Regalado: Commissioner Gort, I asked the City Attorney if this-- accepting that offer was
legal and the City Attorney said that he didn't see any problem in accepting the audit. Is that...
Commissioner Gort: Let me tell you why I would love to have somebody come and tell me the real number.
Because if you all remember, when we were doing the 96-97 budget, one of the things we were going to do
away with was recycling. We were going to eliminate the recycling that we had-- the community turned out
here and the community started stating that we want the recycling back and we requested out of the budget
and we requested out of the Sanitation Department to come up with a number. My understanding, that
number came out to eight hundred and something. I don't have it with me right now. My understanding,
that number has gone up to one point something. That's why I like to have it outside. Well, I keep hearing
that it's going to cost the City a hundred and thirty million dollars ($130,000,000) if we renew the contract
additional.
Vice Chairman Plummer: If that's the case.
Commissioner Gort: My understanding is, this people saying, that is the case, have an independent audit.
They'll walk out, there's no suit and they'll walk away and we'll save twenty-five thousand dollars ($25,000).
Mr. Vilarello: Commissioner.
Vice Chairman Plummer: I would have thought by now we would have been recommending which firm
they're choosing. I really felt that. Mr. City Attorney.
Mr. Vilarello: This item is in litigation. The basis of the litigation was not the underlying agreement. It was
the extension of the agreement. And their lawsuit claimed that notwithstanding the fact that the City
Manager had not come to terms with them on the amount of cost of recycling, that they had an agreement
for an extension at the lower amount. That's the nature of the lawsuit. Now, there's additional issues as to
the underlying agreement and that's what I'd like to do, instead of continuing to comment on the record with
regard to this item, give me an opportunity to sit down with the Manager and with each of you individually
in the next week so that you are fully apprised of all of the issues underlying this lawsuit.
Vice Chairman Plummer: Does that mean that you don't want to choose the auditing firm until after that?
167 October 13, 1998
Mr. Vilarello: I would like to brief the Manager and the City Commission individually on the nature of this
lawsuit before we proceed.
Commissioner Regalado: OK. So, you're going to do this next week?
Mr. Vilarello: This week.
Vice Chairman Plummer: I'm gone.
Commissioner Sanchez: We have several other items.
Commissioner Regalado: Well -- so, what it means is that, on the 27th, we can have this on the agenda?
Vice Chairman Plummer: Hopefully.
Commissioner Regalado: Hopefully, no. We can direct the Manager to have the Bedminster case on the
agenda by the 27th.
Vice Chairman Plummer: Either that or go out to a ... lefs go out to a private company and get the work
done.
Commissioner Regalado: I would also request for the Manager to set on the agenda, on the 27th, the Grove
Harbor contract. Administration should come back...
Vice Chairman Plummer: Mr. Regalado moves that the City Manager put on the agenda of the 27th of
October the Grove Harbor Marina and Bedminster for this discussion-- for this Commission's action.
Commissioner Regalado: OK. Move it.
Commissioner Sanchez: Second.
Vice Chairman Plummer: Seconded. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposition -- all in -- no opposition.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO.98-1038
A MOTION DIRECTING THE MANAGER TO SCHEDULE FOR THE
MEETING OF OCTOBER 27, 1998 THE ISSUES OF BEDMINSTER
SEACOR SERVICES AND GROVE HARBOR MARINA AND CARIBBEAN
MARKETPLACE.
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.
168 October 13, 1998
Vice Chairman Plummer: We are now --Mr...
Commissioner Teele: Before you move on, Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: I didn't say anything about this. Let me say this. I have been on the other side of the
table with the County as relates to the cities and these interlocal agreements. Once again, you know, the
County cut a very good deal for the County. The problem with that deal -- and if you'll go back and recall,
the County proposed to do the same thing we just did on the Fire Fee on Solid Waste. They wanted a
county -wide ad -valorem type of fee to solve their problem. Now, they solved their problem a different way.
I threw a fit, not to the same proportion, Mr. Manager, but -- because it's wrong. It's just wrong to do that.
Now, this is the problem. The County was involved in an area that is really not going to work. It's called
Float Control. Subsequently, the Supreme Court has struck down Float Control, so you've got all of these --
this thing is now very convoluted and very complicated and it's not going to be as simple as everybody is
trying to make it. I want to be on the record. I was very disappointed with the quality of the memorandum
that came from the Manager on this issue that was released and the analysis of Bedminster. Because when
you do these kind of analysis, Mr. Manager, if we have a management department-- and the last time I read
the ordinance, the City Code, it provides management and budget is the title-- the management and budget
department should not have released any type of study without going to the person being studied and ask for
comments. The same way when anybody comes in -- you know, an auditor comes in. You get a comment
period. It's very unfortunate. My concern with this and where we are now and where we're going and
putting this on the agenda next week is as follows: We're in litigation and why the City Attorney isn't a bit
little more aggressive on this matter, I'm not really sure. I don't think Bedminster should have written the
letter to the Manager once they filed the lawsuit. That's my personal opinion. I think the correspondence
should be coming through the City Attorney's office on this. And Mr. Manager, Mr. Attorney, I'm going to
yield just for a minute see to see if you all disagree because I'm not trying to ram this down anybody's throat.
But we need to be careful now.
Mr. Warshaw: I agree, Commissioner, and that's why all the correspondence -- there have been numerous
letters and hand -delivered and Fed-Ex'd memorandums have all been referred by me to the City Attorney,
until such time as he feels it's appropriate for me to respond on behalf of the City.
Vice Chairman Plummer: OK.
Mr. Vilarello: And the correspondence from Bedminster has been coming from their Chief Executive
Officer, instead of their counsel; that they've avoided the impropriety of having their attorneys contact the
Manager directly by doing it that way.
Commissioner Teele: The only thing that I'm asking, is that the item be on the agenda next week, if you're
going to do that, be listed with the City Attorney and the City Manager. And I would hope that in the
context -- in the spirit of the letter that has been given, that the City Attorney will propose a settlement of the
lawsuit before we start paying all these legal fees. And one of the elements of the lawsuit settlement could
very well be what they have proposed, as it relates to that issue. Now, you said there's a lot of other issues.
I'm not aware of what they are but I do know this is a mine field that we're entering into and...
59,, DEFER CONSIDERATION OF AGENDA ITEM 11 (PROPOSED SECOND READING
ORDINANCE TO AMEND CHAPTER 2 OF CODE BY ENACTING ANTI -DEFICIENCY
ORDINANCE) -SEE LABEL.
Vice Chairman Plummer: OK. Mr. Sanchez, the last item before appointments. You asked for five minutes
on budget revenue analysis.
Commissioner Sanchez: Yes.
Commissioner Teele: Before you do. Mr. Chairman, I would move the deferral of the item that has been
deferred at least three times now relating to the anti -deficiency. The Manager's staff has indicated that they
would like to ensure that the Manager has a full opportunity to review this and that it does have some
169 October 13, 1998
responsibility with him. We temporarily passed it and in the spirit of cooperation, Mr. Press, I want to defer
to the Manager's request...
Vice Chairman Plummer: I can't stand all this peace and love.
Commissioner Teele: So moved, Mr. Chair.
Vice Chairman Plummer: It's moved that it be deferred.
Commissioner Regalado: See, what you're doing, there are no cameras over there.
Vice Chairman Plummer: Yes, yes, yes. Is "The Herald" listening?
Commissioner Regalado: No.
Vice Chairman Plummer: Oh, all right. All in favor of the matter being deferred, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed?
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-1039
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 11
(PROPOSED SECOND READING ORDINANCE TO AMEND CHAPTER 2,
ARTICLE IV, DIVISION 12 OF THE CODE OF THE CITY, ENTITLED:
-ADMINISTRATION, DEPARTMENTS, MANAGEMENT AND BUDGET
DEPARTMENT", BY ENACTING AN ANTI -DEFICIENCY ORDINANCE).
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: Mr. City...
Mr. Vilarello: Until October 27th?
Vice Chairman Plummer: That's correct. It's easy for me. It's my brother's birthday.
60.i DISCUSSION REGARDING DEPARTMENT'S BUDGET REVENUE REVIEW ANALYSIS.
Mr. Sanchez, you've got five minutes.
Commissioner Sanchez: Thank you, Mr. Vice Chair. If you want, you could go ahead and put the five
minutes on the clock.
Vice Chairman Plummer: Put five minutes on the clock. Cut the microphone off afterwards.
170 October 13, 1998
Commissioner Sanchez: Mr. Dipak, first I want to thank you for completing the analysis report that I
requested and after reviewing the analysis supplied by management/budget office, I have some concerns,
mainly with the public facilities. And let me just elaborate a little bit on these facilities, which is- one of
them is the Miami Convention Center, which we all are aware that it's a big loss even on record, four point
seven million each year. On the same note, I would like to add that these two items, the Convention Center,
along with the Solid Waste, is a deficit right off the bat of fourteen point five million dollars ($14,500,000).
Even before we start the budget, we're in the red fourteen point five million dollars ($14,500,000) on that.
Now, I have several questions and one is pertaining to the City Manager. What is the plan of action to
resolve this, whether it may be selling it, marketing or whatever they're going to do? Stop the clock. Mr.
Manager or -- Dena, are you going to answer that?
Ms. Dena Bianchino (Assistant City Manager): Yes.
Commissioner Sanchez: What's going on with that?
Ms. Bianchino: The problem with the Miami Convention Center is that we had a probono group of private
sector business people advise us on how to deal with this issue and the bottom line is that the value of the
property is far less than the amount of debt that we have on the property -- that's the bottom line -- to the
tune of thirty, forty million dollars ($40,000,000). What we're looking at is -- and I'm not sure this is
feasible. We're trying to be creative in bringing in more revenue, which would be an air right's lease over
the facility, whereby we may be able to get income that would help us pay off the bonds. Unfortunately, at
this point, if we sold the property, we would lose millions and million of dollars. So, we are trying to be
innovative but it's a difficult situation.
Commissioner Teele: Would you yield on that one point?
Commissioner Sanchez: Yes, sir.
Commissioner Teele: But you do recognize that we are losing millions and millions of dollars?
Vice Chairman Plummer: Approximately, four a year.
Commissioner Sanchez: OK. Well...
Mr. Donald H. Warshaw (City Manager): We're even looking...
Vice Chairman Plummer: I can't let it go by, that the real reason that that's in trouble is the University of
Miami. The University of Miami promised to bring in a hundred thousand professionals a year for
continuing education. They got and bought in for three and a half million dollars ($3,500,000) to get the
name of James L. Knight on the building and I got to tell you, their facility was never ever used. They never
took out a hotel room with continuing education; they never used banquet facilities in that hotel; they never
ever had a banquet in that hotel, and that is one of the things that created the problem of costing more and
getting less.
Mr. Warshaw: I'd just like to add, we're also going to reach out to the individual who bought the acreage in
front of the Dupont. And the possibility of, as Dena pointed out, not only air rights but some kind of
compatible development to create an energy or synergy in that area where air rights, but even projected at
our best opportunities still, the income in order to reduce the debt would not nearly be sufficient but it would
be a head start.
Vice Chairman Plummer: The clock should be running.
Commissioner Sanchez: Well, one thing is, you know, we want to build bridges into the future, not the past.
So, I -- one of the things I want to look at is, we need to do everything we can, as a good government-- to
do whatever we can to start making some of these departments self-sufficient. I realize we can't make all of
them because there's just not recurring revenue but it's very interesting to look at this report to find out that
the only department that comes out positive is Building and Zoning with seven point seven million dollars
($7,700,000). Now, I would like to see the Marina start generating some money. I would like to see the
Convention Center generating some money and that could be done either by fees, additional fees or one
marketing. And I know that the Convention Center, along with Christina Abrams and her staff, are doing
171 October 13, 1998
adequate adding and doing everything in their resources to create revenue for this City. But we go into other
things. The NET (Neighborhood Enhancement Team) -- and I hate to touch this. The NET offices. Why
aren't they creating revenues? Is there any way that they could come up with the recurring revenues? It's
done by Code Enforcement, correct?
Mr. Dipak Parekh (Director/Budget): OK. With reference to Code Enforcement, if Code Enforcement--
CDBG (Community Development Block Grant) funds those positions, then, obviously, their revenue needs
to be allocated back to CD (Community Development) and not the general fund. This particular analysis
deals with the general fund and the special revenue and not CD.
Commissioner Sanchez: OK. Now, going to Fire. I was very impressed with Fire. I thought they would be
spending more but they -- I'm very impressed with the fifty-six million dollars ($56,000,000) total cost.
Now, the Police Department, that -- it's an eye sore to see a hundred and twenty-one million dollars
($121,000,000) and that's not including the grants, that's not including the second funds-- and additional
funds that they get through COP's Program, I believe. Am I correct on that?
Mr. Parekh: That is true.
Commissioner Sanchez: So we're talking anywhere-- maybe 150, 145.
Vice Chairman Plummer: Or more.
Commissioner Sanchez: Or more. You know, these are the things that, being here five months, going on six
-- and I'm learning the numbers and stuff.
Vice Chairman Plummer: That's why we're going to do the operational review.
Commissioner Sanchez: Absolutely. It doesn't take a rocket scientist to figure that-- you know, and we are
heading in the right direction. City Manager, I want to commend you and, Dipak, you've done a great job
also in getting some of these reports together but we're finally getting control of this government, of our
expenditure. And there's other things. The an&deficiency, the reports that are going to be coming out soon,
to basically see how we could control expenditure of the City. But there's more things here that I was very
touched in a way with this report and one of the things was that — with those two items, the Solid Waste and
Knight Center, right off the bat is fourteen point five million dollars ($14,500,000) and we start with...
Mr. Parekh: Yes, sir.
Commissioner Sanchez: I mean, elaborate a little bit on that. Because I'm sure the people home on Channel
9 want to know what the City's doing, so when we start off next year in FY'99, we don't start with fourteen
point five in the hole.
Mr. Parekh: Well, I think with the Solid Waste Department, the City Commission took action over the five
years, which will help to reduce or offset some of these expenses. But I also need to let you know,
Commissioners, that the -- for the GESE (General Employees & Sanitation Employees) actuarial, the
amount for this fiscal year is zero. Next year, depending upon how the stock market does, the expenditure
will increase by at least seven million dollars. So this cost will go up...
Vice Chairman Plummer: The way it's been going, God help us all.
Mr. Parekh: And if it goes down, obviously, the cost is going to be even higher than seven million, sir.
Vice Chairman Plummer: Are you finished?
Commissioner Sanchez: All right. Yeah. Just-- you know, once again, I'd like to elaborate on the City to
find what possibly they could do to create some of these departments to be self sufficient.
Mr. Parekh: Well, I think...
Mr. Warshaw: Commissioner, some of the departments.
172 October 13, 1998
Commissioner Sanchez: Some of the departments, of course
Mr. Warshaw: Some are just never going to produce revenue. They're service -oriented and they're
generating services and you're never going to get revenue from them. The only way to get additional
revenue would be, unfortunately, to raise fees and I know we're not going to do that. But I agree with you
and I've heard you loud and clear about trying to bring these costs down and find other ways, you know, to
cut costs and increase revenues and we're going to work hard during this upcoming budget year to ensure we
have success in that area.
Commissioner Sanchez: Mr. City Manager, once again, I was present at that report that we had, the finance
report that you put together, and now we're going to have the accessibility to basically know exactly how
much money is in every account through computerized. We're heading in the right direction. I am very
pleased with that. It does not longer take two weeks to find out exactly how much money is in one account,
so those are the steps that we're taking in the right direction. And, once again, I'd like to commend you and
your staff for a fine job.
Vice Chairman Plummer: Very good. And I appreciate you staying within your time limit. Mr. Gort.
Commissioner Gort: Now, my understanding, then correct me if I'm wrong - I was under the understanding
the Marina was self-sufficient.
Mr. Parekh: Not...
Commissioner Gort: Unless you taking revenues from the Marina and apply them some other place.
Commissioner Sanchez: They're not. They should be but they're not.
Mr. Parekh: The Dinner Key Marina, for example, after you add back all the internal service charges and
some of the debt service obligation, which it has, as well as the general funded CIP (Capital Improvement
Program), it comes very close. If you're talking in a fiduciary capacity in terms of turning into an enterprise
fund, again, it does not cover the cost of depreciation. And the issue becomes, for this particular City, is, if
you want to make the enterprise fund, then you need to either increase the revenues, cut costs, or just do
extra marketing.
Commissioner Gort: Well, I think it's important that we explain that.
Mr. Parekh: OK.
Vice Chairman Plummer: OK. We're now on Item 51. These are appointments. We're going to run
through them in a hurry.
Commissioner Teele: Before you do, Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: I just want to -- I want to commend Commissioner Sanchez. He has been voting
against all of the revenues and that's frustrating.
Vice Chairman Plummer: We need to get rid of him.
Commissioner Teele: But he's speaking his conscience and I respect that. But I think he's taking the next
step to try to address this. The one thing that I wanted to understand is that the 121 for police, hundred and
twenty-one million, how does that-- is that the fully allocated cost?
Mr. Dipak Parekh (Budget Director): These are the costs - yes, in terms -- let me define it. These are costs
which we allocated in terms of internal service. The general funds, CIP, the debt service, which is non
general obligation. It does not include any grants. It does not include the second dollar funds. It does not
include the forfeiture funds, which are separate.
173 October 13, 1998
Vice Chairman Plummer: And it doesn't include the one percent from the state
Mr. Parekh: No. No, it does not.
Commissioner Teele: But it does include the allocation from GSA (General Services Administration) and
Motor Pool and all that?
Mr. Parekh: Absolutely. Yes, sir.
Vice Chairman Plummer: Being honest. Does that answer your question?
Commissioner Teele: Yes. But, again, I think that Commissioner Sanchez, you know, should be
commended. Mr. Chairman, look, I know you want to get to -- was it Rosa's?
Commissioner Sanchez: No, Maria's.
Commissioner Regalado: Maria's.
Vice Chairman Plummer: No, not tonight. I've got to go to the Boys Club, who honored you as their first
recipient.
61. REQUEST TO HONOR COMMISSIONER PLUMMER FOR CASINO PRINCESS CRUISE SHIP.
Commissioner Teele: But let me say this, J.L. In all seriousness, I would like to ask, respectfully, Mr.
Chairman, that the Mayor be at the next meeting in the morning. I would particularly like to invite the cruise
ship people that are here, that Commissioner Plummer has done such a courageous job. I would personally
like to sign a proclamation, along with my colleagues, honoring Commissioner Plummer at the next meeting.
And let me say this. I don't agree with J.L., you know, sometimes and I don't make any bones of that but
what has happened at the Bayfront Trust is nothing short of a miracle. It's a lot of hard work. It's a lot of
money. And I think, you know -- I've sat on Commissions where all we do is pat each other on the back.
This Commission, unfortunately, we spend a little time at each other's back. But Commissioner Plummer
has done an outstanding job and I think we need to publicly acknowledge the cruise ship-- what's the name
of it, J.L.?
Vice Chairman Plummer: The Princess Casino.
Commissioner Teele: The Princess Casino. I would like for us to give them a proclamation that we all have
the opportunity to sign so that they can hang it there but we need to start out. Those people did nothing but
talk about being good corporate citizens. They brought some guy here that's about 75, 78 years old from
Minneapolis or Montana or somewhere.
Vice Chairman Plummer: South Dakota.
Commissioner Teele: South Dakota. You know, I don't even know how he could find a boat the way he
looked, but I'll tell you this. The only thing he talked about was that we want to be a quality company, we
want to be a good corporate citizen. We want to help the Boys Club. We want to help organizations and we
want to have a good product. And J.L., I just have to tell you -- I know I'm speaking on behalf of the
Commission. You deserve our accolades. You deserve our commendation. Because, if it weren't for the
kind of leadership that you displayed in this area over the last three or four years, it would not have
happened. That kind of stuff just doesn't happen, J.L.
Vice Chairman Plummer: And I thank you, sir.
174 October 13, 1998
62. APPOINT BOB RODRIGUEZ J RALPH ARZA 1 NAJIB TAYARA TO INTERNATIONAL,
TRADE BOARD.
Vice Chairman Plummer: Item 51.
Commissioner Gort: Here, here.
Vice Chairman Plummer: International Trade Board. Mr. Gort, you have your appointment?
Commissioner Gort: No, I don't.
Vice Chairman Plummer: OK. Mr. Sanchez, you have three.
Commissioner Sanchez: Yes. Right -- as of now, I have two.
Vice Chairman Plummer: All right, sir. The names?
Commissioner Sanchez: Bob Rodriguez and Ralph Arza.
Vice Chairman Plummer: What was the second one?
Commissioner Sanchez: Ralph Arza, A-R-Z-A.
Vice Chairman Plummer: Mr. Teele, you have one.
Commissioner Teele: Mr. Tayara, T-A-Y-A-R-A.
Vice Chairman Plummer: Move that the nominations be approved that have been submitted.
Commissioner Gort: Second.
Vice Chairman Plummer: all right. All in favor, say "aye." All opposed?
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-1040
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS
OF THE INTERNATIONAL TRADE BOARD FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
175 October 13, 1998
63. APPOINT ELOY APARICIO / LUIS SABINES TO LATIN QUARTER REVIEW BOARD.
Vice Chairman Plummer: Latin Review Board. I have one and I -- who is my appointment there? Who
was -- who...
Mr. Walter J. Foeman (City Clerk): JoseNavaro resigned.
Vice Chairman Plummer: OK. Then I'll have to pass until the next. Mr. Sanchez, you have two.
Commissioner Sanchez: Yes, sir. Reappoint Aloy Aparicio and Luis Sabines, Jr.
Vice Chairman Plummer: Who did you do?
Commissioner Sanchez: Aloy Aparicio and Luis Sabines, Jr.
Vice Chairman Plummer: Why don't you get some easier names? Commissioner Teele, you have a
nomination for the Latin Review Board?
Commissioner Teele: I pass.
Vice Chairman Plummer: You'll pass. The names submitted be accepted. Moved by Sanchez. Seconded
by Gort. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1041
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS
OF THE LATIN QUARTER REVIEW BOARD FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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: Community Development Advisory Board. Sanchez, two appointments.
Commissioner Sanchez: I have Ana Figueroa, F-1-G-U-E-R-0-A, and Flor Morales.
Vice Chairman Plummer: Mr. Gort, you have two.
Commissioner Gort: I have Angel Urquiola and I'll have another nomination.
176 October 13, 1998
Vice Chairman Plummer: All right. Move that the names submitted be accepted.
Commissioner Teele: Second.
Vice Chairman Plummer: In favor, say "aye.".
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed? Show unanimous.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-1042
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS
OF THE CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD
FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
63. 'APPOINT ELENA CARPENTER f ROBERT MASRIEH TO COCONUT GROVE PARKING
ADVISORY COMMITTEE.
Vice Chairman Plummer: Coconut Grove Parking Advisory Board. The two Commission seats at large. Is
that the one that I got involved in before?
Mr. Walter J. Foeman (City Clerk): I'm not sure, Commissioner, but there were two that expired.
Vice Chairman Plummer: All right. Henry Givens, they've asked for him to serve on the board, which I'll
use his name as one of the at large.
Mr. Foeman: You previously nominated him and we did that by resolution, but these...
Vice Chairman Plummer: So, you're now looking for others?
Mr. Foeman: Excuse me. There are two pending at large appointments to be made.
Vice Chairman Plummer: I will not give any other names, except to my colleagues.
Mr. Foeman: There were two whose terms had expired. Eloy Garcia is one and Hartcourt Clark was the
other one. Both of their terms expired.
Vice Chairman Plummer: OK. The only thing I'm going to say to my Commissioners is, I've been
requested that they have someone from the north Grove as well as someone from the south Grove to be
represented because sometimes they feel they've been left out. Mr. Sanchez.
177 October 13, 1998
Commissioner Sanchez: Can I appoint someone?
Vice Chairman Plummer: Whoever you wish, sir.
Commissioner Sanchez: Yes. I'd like to appoint Elena V. Carpenter.
Vice Chairman Plummer: Oh, my God Almighty. Is that seconded by Jack King?
Mr. Foeman: Vice Chairman, in addition to that, there were two-- there were four names proffered by the
Coconut Grove Village Council and we need to confirm those four names as well.
Vice Chairman Plummer: Who were the names?
Mr. Foeman: Frank Balzebre, Lee Marks, Mark Sardegna and Susan Billig.
Vice Chairman Plummer: Do we have to accept those?
Commissioner Sanchez: What a crew!
Vice Chairman Plummer: Whoa, whoa, whoa. Do we have to accept those?
Mr. Foeman: Well, we can -- you can...
Vice Chairman Plummer: I would ask that they be...
Mr. Foeman: ...make a motion to send those back if you want to get some...
Vice Chairman Plummer: I would ask that they be deferred until the next meeting.
Mr. Foeman: Also, there was one recommendation by the Off -Street Parking Authority.
Vice Chairman Plummer: That was who?
Mr. Foeman: Robert Masrich.
Commissioner Gort: Move it.
Vice Chairman Plummer: That's a very good appointment and I agree with that. And the other three of the
Village Council we'll take until the next meeting. OK. Motion for the names that have been submitted be
accepted. Hello.
Commissioner Sanchez: Move.
Commissioner Regalado: Second.
Vice Chairman Plummer: Second. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All right.
178 October 13, 1998
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1043
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS
OF THE COCONUT GROVE PARKING ADVISORY COMMITTEE FOR
TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner 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: Commission on the Status of Women. Everybody except Regalado, has five
appointments.
Commissioner Gort: I'll appoint the same individuals.
Vice Chairman Plummer: I'll reappoint my five.
Commissioner Gort: I'll reappoint my five.
Commissioner Sanchez: OK. I had two new names.
Vice Chairman Plummer: Well, give me the two names.
Commissioner Sanchez: Hold on. He's writing.
Vice Chairman Plummer: What?
Commissioner Sanchez: You ready?
Mr. Foeman: Yes.
Commissioner Sanchez: First name is Ivone Bayona and the second name is Lourdes Blanco.
Vice Chairman Plummer: And what about the other three?
Commissioner Sanchez: I'll let you know later.
Vice Chairman Plummer: OK. Mr. Gort, you've renamed your five. Mr. Teele.
Commissioner Teele: I'll appoint three.
Vice Chairman Plummer: All right.
179 October 13, 1998
Commissioner Teele: Reappointing Janet Cooper.
Vice Chairman Plummer: All right.
Commissioner Teele: Appointing Linda Cesar -Noel.
Vice Chairman Plummer: All right.
Commissioner Teele: Pinky Sands.
Vice Chairman Plummer: All right.
Commissioner Teele: Reappointing Pinky Sands. That's three.
Vice Chairman Plummer: All right. For the names proffered be accepted, a motion.
Commissioner Teele: So moved.
Vice Chairman Plummer: Second. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-1044
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS
OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner 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: Miami Street Codesignation Review Committee. Mr. Sanchez.
Commissioner Sanchez: Legal opinion.
Vice Chairman Plummer: Who?
Commissioner Sanchez: I need a legal opinion. Can I...
Vice Chairman Plummer: Is that Mr. or Mrs.?
180 October 13, 1998
Commissioner Sanchez: No, no, no.
Vice Chairman Plummer: A legal opinion.
Commissioner Sanchez: From the City Attorney. Can I appoint a City employee?
Vice Chairman Plummer: Sure.
Mr. Alejandro Vilarello (City Attorney): I'll have to review that for you. I don't know whether this is a
board where a City employee could sit.
Commissioner Sanchez: All right. Then I will pass at this time but I need a response.
Vice Chairman Plummer: All right. At the next Commission meeting.
68. APPOINT JAMES COURBIER TO WATERFRONT ADVISORY BOARD.
Vice Chairman Plummer: Waterfront Advisory Board. Mr. Gort.
Commissioner Gort: I'll hold.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: I'll hold.
Vice Chairman Plummer: Commission at large. I have on there Mr.Graniff, right?
Mr. Walter J. Foeman (City Clerk): There was James Courbier. That was former.
Vice Chairman Plummer: I'll reappoint Mr. Courbier. Names proffered be accepted. A motion. Hello.
Second. Moved. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All oppose?
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1045
A RESOLUTION APPOINTING AN INDIVIDUAL AS AN ALTERNATE
MEMBER OF THE WATERFRONT ADVISORY BOARD 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 Plummer, 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.
181 October 13, 1998
69. APPOINT HORACIO AGUIRRE AND JESUS MORALES TO OCCUPATIONAL LICENSE
EQUITY STUDY COMMISSION ("COMMISSION") --! DIRECT ADMINISTRATION TO REPORT
TIME AND MEETING PLACE OF COMMITTEE.
Vice Chairman Plummer: Occupational License Equity Study Commission. Mr. Plummer names Mr.
Aguirre, Horacio Aguirre. Told you I was going to do it.
Commissioner Gort: 1 was under the impression we had done that before.
Commissioner Regalado: That's all in the family.
Vice Chairman Plummer: Hey, so be it. You know, he's the one that...
Commissioner Gort: I nominated ones already, right?
Vice Chairman Plummer: Mr. Teele, do you have a name?
Mr. Walter J. Foeman (City Clerk): But I didn't receive the individual appointees from all the
Commissioners.
Vice Chairman Plummer: Mr. Teele, do you have a name?
Commissioner Regalado: You have mine.
Mr. Foeman: Yes, I do.
Commissioner Teele: I don't have a name right this minute.
Commissioner Gort: You don't have mine?
Mr. Foeman: No.
Vice Chairman Plummer: All right.
Commissioner Gort: I'm sure I made it in one of the Commission meetings. Luis Costa.
Vice Chairman Plummer: You don't have an appointment here today, sir. That's why your name is not here.
Commissioner Gort: Well, then, I have one that's been...
Mr. Foeman: Yeah, I have yours and Commissioner Regalado's.
Vice Chairman Plummer: Mr. Sanchez, do you have a name?
Commissioner Sanchez: Yes, I do. I'd like to name Jesus Morales.
Vice Chairman Plummer: OK. The names proffered be accepted. A motion. Moved by Sanchez.
Seconded by Regalado. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed? Show unanimous.
182 October 13, 1998
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1046
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS
OF THE OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION FOR
TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Commissioner Regalado: When this committee will start meeting?
Vice Chairman Plummer: I don't know. Who's the Chairman? Carollo's got to make his appointment to it.
Mr. Foeman: We had -- maybe you can -- the liaison as the finance director, so maybe she can address that.
Commissioner Regalado: OK. We need to know when you are going to have the first meeting.
Vice Chairman Plummer: All right.
Commissioner Regalado: And what are the proposals.
Vice Chairman Plummer: Mr. Manager will write you a letter, a memo telling you when. All right.
70. DEFER APPOINTMENTS TO CITY OF MIAMI AFFIRMATIVE ACTION ADVISORY BOARD.
Vice Chairman Plummer: City of Miami Affirmative Action Advisory Board. I have two. Who were my
names before?
Mr. Walter J. Foeman (City Clerk): Vicky Leiva and Robert Grill.
Vice Chairman Plummer: She can't make it. She resigned.
Mr. Foeman: OK. And Robert Grill was excessively absent, so if you reappoint him...
Vice Chairman Plummer: So, then, I'll have to wait until the next Commission meeting. Mr. Sanchez, you
have one?
Commissioner Sanchez: Mr. City Clerk, who do I have assigned?
Mr. Foeman: Ivan Barret. He had been previously been nominated by Hernandez.
Commissioner Sanchez: I'll pass on this.
Vice Chairman Plummer: All right. Then all of that will pass.
183 October 13, 1998
71. APPOINT MARIE COLIN TO HEALTH FACILITIES AUTHORITY.
Vice Chairman Plummer: Health Facilities Authority. Sanchez, Teele and Regalado, each one have an
appointment.
Commissioner Sanchez: Pass. Defer.
Commissioner Teele: Do what?
Vice Chairman Plummer: Pass Sanchez.
Commissioner Teele: What?
Vice Chairman Plummer: Health Facilities Advisory Board.
Commissioner Teele: I appoint Marie Colin.
Vice Chairman Plummer: GO-L-L-I-N-S.
Commissioner Teele: No, GO-L-I-N.
Vice Chairman Plummer: Colin.
Mr. Walter J. Foeman (City Clerk): Excuse me. This particular committee is established by state law and
the residency is a prerequisite, so...
Commissioner Teele: What do you mean?
Mr. Foeman: They have to be a resident of the City of Miami. We can't waive it by a four/fifths vote of the
Commission.
Vice Chairman Plummer: All right. You want to check, Mr. Teele?
Commissioner Teele: I need to check to see where they live.
Vice Chairman Plummer: All right. Well, assume you accept it, assuming that they do live in the city. If
they don't, you come back and tell us.
Mr. Foeman: OK, will do.
Vice Chairman Plummer: Mr. Sanchez. Health Advisory Board.
Commissioner Sanchez: Pass.
Vice Chairman Plummer: Mr. Regalado. Mr. Regalado.
Commissioner Regalado: Defer.
Vice Chairman Plummer: You'll defer.
Commissioner Regalado: I'll defer.
Vice Chairman Plummer: All right. We accept the names proffered, subject to the residency of Miami. All
right.
Commissioner Gort: Before you go on...
Vice Chairman Plummer: All in favor, say "aye."
184 October 13, 1998
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? OK.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-1047
A MOTION APPOINTING MARIE COLIN AS A MEMBER OF THE
HEALTH FACILITIES AUTHORITY SUBJECT TO HER COMPLYING
WITH THE STATE LAW REQUIREMENT TO BE A RESIDENT OF THE
CITY OF MIAMI.
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.
72. SECOND READING ORDINANCE: AMEND ARTICLE 6, SECTION 602.10.4 OF ORDINANCE
11000 — MODIFY OFF -SITE PARKING REGULATIONS FOR SD-2 COCONUT GROVE CENTRAL
COMMERCIAL DISTRICT TO PROVIDE INCENTIVE FOR DEVELOPMENT OF PARKING
STRUCTURE TO ACCOMMODATE EXCESS PARKING ADJACENT TO COCONUT GROVE
PLAYHOUSE.
Vice Chairman Plummer: Now we come to PRZ 1. P-Z 1. Dena.
Ms. Dena Bianchino (Assistant City Manager): This item was continued from October 28th. If action...
Vice Chairman Plummer: Let me ask a question first and foremost. Mr. City Attorney?
Mr. Joel Maxwell (Assistant City Attorney): Yes, sir.
Vice Chairman Plummer: Is it true that this matter cannot be deferred to another time?
Mr. Maxwell: Yes, sir. The Code requires that it be legislatively decided with one year after first reading
and that occurs today.
Vice Chairman Plummer: OK. So, that be the case...
Mr. Maxwell: That is -- that's on deferral.
Vice Chairman Plummer: But you can't continue it to a different date, sir?
Mr. Maxwell: No, sir. You must act on it. You must legislatively do something on it today.
Vice Chairman Plummer: OK. If the rest of the board are not familiar, the problem here is that we asked
that a board be established to make recommendations to this Commission. For whatever reason, they've not
been able to get that board together and we've been deferring it and deferring it and that's since July. Now,
here it is that is to be either fish or cut bait today and that board has not been able to muster what is
necessary to hold a meeting. Now, you can blame whoever you want to blame on that but that's the name of
185 October 13, 1998
the game. Mr. Masrieh, who basically was named as Chairman, has, in fact, asked that it be deferred but
then we found out it can't be deferred. The legal counsel for one of the representatives that is has affected
asked that it be heard because, if not, it has to go back through the entire process of probably six to nine
months again. I don't -- you know, I'm not...
Commissioner Sanchez: Well, let's hear it.
Vice Chairman Plummer: What do you want, Barbara?
Ms. Barbara Lange: Well, my attorney...
Vice Chairman Plummer: Wait, wait, wait. Come up to the microphone. Give me your name and mailing
address.
Mr. Maxwell: This is a P and Z item, Mr. Vice Chairman. She must be sworn in.
Ms. Lange: Barbara Lange. Sworn in?
Vice Chairman Plummer: You have to be sworn in. That doesn't mean anything. Swear her in.
[AT THIS POINT, THE CITY CLERK ADMINISTERED REQUESTED OATH UNDER ORDINANCE
NO 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.]
Vice Chairman Plummer: OK. Barbara, tell us who you are. BarbaraLange and your address.
Ms. Lange: 3495 Main Highway, Coconut Grove. Now, I've had representation by Tony O'Donald. Tony
O'Donald wrote on his book -- and he doesn't make mistakes -- that the hearing was going to be on
Thursday. He is out of town, so I have nobody here to represent myself or David Sweatland. And I just
found out about this meeting this morning. Now, I think it's unfair that you hear this without having our
representation here and he's been through this for over a year.
Vice Chairman Plummer: All right. Mr. City Attorney.
Commissioner Sanchez: How many times has this been deferred?
Vice Chairman Plummer: God only knows.
Commissioner Sanchez: Well, let's hear it.
Vice Chairman Plummer: Well, wait a minute. Hold on. In deference to us asking for a committee to be
formed, that's the -- I don't want to be insulting us. What happens, Mr. City Attorney, if this were to be
scheduled for October 27th?
Mr. Maxwell: The item would be dead, sir. It says -- I'll read the Code section to you. And it says, "if a
recommendation of the PA be at a ZB, as the case may be...
Vice Chairman Plummer: Just answer my question. If we can't do it, we can't do it.
Mr. Maxwell: It shall be deemed to have been denied, if you don't act on it today. Now...
Vice Chairman Plummer: All right.
Mr. Maxwell: May I suggest something?
Vice Chairman Plummer: Yeah, suggest something.
Mr. Maxwell: Just a scenario. I'm not suggesting you do it. But let me tell you what a scenario could lead
to. If you were to act on this and just say you -- if you approved it or denied it, you are allowed, under the
code, to reconsider an item within -- by the next meeting.
186 October 13, 1998
Vice Chairman Plummer: But this is —all right, all right.
Mr. Maxwell: This is a PZ item.
Commissioner Gort: Right.
Vice Chairman Plummer: That's fair enough.
Mr. Maxwell: If you did that, then, at the next meeting, you move to reconsider, it could then be heard at the
meeting after that. That would give you more time.
Vice Chairman Plummer: So, in other words, what you're saying is, we can move to reconsider if we wish...
Mr. Maxwell: If you approved it today.
Vice Chairman Plummer: OK. On the 27th, to be scheduled for November 17th.
Mr. Maxwell: Well, let's say, for instance, you denied or you approved at this point today or approved it, at
the next meeting you would have to move to reconsider.
Vice Chairman Plummer: OK, I understand.
Mr. Maxwell: Then it would be heard in the meeting -- at the meeting after that.
Vice Chairman Plummer: All right. So, if a motion today is for approval, then should be included in that
motion...
Mr. Maxwell: No, sir. I wouldn't do anything, other than to approve today.
Vice Chairman Plummer: All right.
Mr. Maxwell: Then, if you desired, you could move to reconsider at the next meeting. You must do it at the
next meeting.
Vice Chairman Plummer: Understand, understand. Question. Mr. Gort.
Commissioner Gort: My understanding, what we're discussing here today is an existing parking lot that
exist today, am I correct?
Vice Chairman Plummer: I think its a district.
Mr. Clark Turner: Correct, a district.
Vice Chairman Plummer: Is it a parking lot or a district?
Commissioner Gort: It's a district where people park.
Mr. Turner: It's a parking lot located in the G/I (Government and Institutional) District, which adjoins the...
Vice Chairman Plummer: Right. Which could be more than one.
Mr. Turner: Could be but it happens to be one.
Commissioner Gort: My understanding, the request in front of us today is somebody in the division covered
our plaza, who's been having a lot of problems with the parking, would like to be able to use that parking
facility as required parking, am I correct on this?
Mr. Turner: Yes, Commissioner.
187 October 13, 1998
Vice Chairman Plummer: Zoned parking.
Mr. Turner: The law provides that the businesses in the SD-2 zone are allowed to satisfy their Off Street
Parking requirement either on their own site or, if they don't have space there, to satisfy it by leasing spaces
elsewhere in the SD-2 District. They are not, at this time, able to lease spaces that are in the parking lot in
question because it is not in the SD-2 district. What this action would do, would be to extend that
permission to the G1I district, in which Coconut Grove parking lot is located.
Vice Chairman Plummer: That's ... OK.
Commissioner Gort: OK. I have a third question.
Ms. Lange: May I say something?
Commissioner Gort: I have a third question.
Vice Chairman Plummer: No. Mr. Gort has the floor. Sit down, please.
Commissioner Gort: My understanding, the proposals that was accepted, or I might be wrong, was the
development to take place in there with parking will be facilitated in there or will be built in there. Now, my
understanding, that partial land has always been intended to be used as parking. My understanding is, in
reading the study of the Coconut Grove study that was done, it recommends four sites for additional parking
and that's one of the sites that is recommended by this study to be used as parking. Am I correct?
Mr. Turner: That's correct.
Commissioner Gort: OK. Thank you.
Vice Chairman Plummer: Now, you know, this is not the only part of the battle. There's another part to this
battle, which will be acknowledged or not acknowledged, and that is the circumventing of the requirement
of the parking into the parking fund. The individual that would park in the parking lot surface parking that is
presently there would be avoiding the monthly payment per parking space for additional parking, am I
correct in that?
Mr. Turner: Yes, that's correct.
Vice Chairman Plummer: OK. And all he would be doing is paying the parking fee for the parking, as he
has been, but now makes it legitimate, is that a correct statement?
Mr. Turner: That's correct.
Vice Chairman Plummer: OK. Now, that individual, from my understanding, is talking about 30 parking
spaces. Now, at thirty dollars ($30) — at 30 parking spaces, at fifty dollars ($50) a month — is that what it is,
fifty or forty?
Mr. Turner: Fifty.
Vice Chairman Plummer: Fifty dollars ($50) a month. That is fifteen hundred dollars ($1500) a month, all
right. And I think that that is a major consideration in this as to whether or not it should or should not be
done. And for my colleague, Mr. Sanchez, who I can't speak to off of the record, there is a commitment by
Coconut Grove merchants, prior to you coming on this board, that the only way that a Coconut Grove
parking structure for five hundred cars could be built was through this fund, which was established, where
each person who has a structure there, who did not have parking, would have to pay into this parking fund.
So, now, I think everything is on top of the table and I will ask the recommendation of the administration.
Mr. Turner: The recommendation is approval.
Vice Chairman Plummer: Approval...
188 October 13, 1998
Mr. Turner: That would be denial of the PAB (Planning Advisory Board) recommendation.
Commissioner Sanchez: So move.
Vice Chairman Plummer: OK. Would you give your reasons why?
Mr. Turner: The original purpose of the parking trust fund was to be the last resort for the satisfaction of
parking requirements that could not be satisfied, first of all, on this site itself or, second of all, by
legitimately leasing real spaces offsite. And those were the first two steps that an establishment is required
to go through before it can resort to the trust fund. The trust fund by creating a means by which a business
can operate without having the required parking was intended as the last resort and to eventually accumulate
enough money to be able to build real spaces that would substitute for those that were being waived. This is
an attempt to achieve the purposes of the Off -Street Parking requirement, which were to create peripheral
spaces out on the edge of the heavily congested part of the downtown Grove that could is actually made
available for use. And so this becomes a second step rather than last resort, as the original ordinance
provided.
Vice Chairman Plummer: Let me ask you to define or interpret your recommendation. And your
recommendation, does that mean that they would get the parking spaces or they would not?
Mr. Turner: The Planning Advisory Board, in forwarding this, has recommended denial.
Vice Chairman Plummer: Of the allowing of the parking spaces?
Mr. Turner: Of the proposed ordinance. And the proposed ordinance would extend the privileges of the
SD-2 off -site parking to the G/I district.
Vice Chairman Plummer: So you're saying...
Mr. Turner: And we are recommending...
Vice Chairman Plummer: Your recommendation...
Mr. Turner: We're recommending that the privileges of the SD-2 district be extended to the G/I district,
which would be ... you would have to...
Vice Chairman Plummer: Which would allow this applicant 30 spaces on the Coconut Grove Playhouse?
Mr. Turner: Correct. And, in order to do that, you would deny the Planning Advisory Board's
recommendation.
Vice Chairman Plummer: I understand fully.
Commissioner Sanchez: OK.
Vice Chairman Plummer: Now...
Mr. Turner: Excuse me. You would approve this ordinance, yes, which denies it.
Vice Chairman Plummer: All right, all right. Now, you want to stop while you're ahead or do you want to
try to crucify yourself? On the record, state your name and why you're so happy to be here today.
Ms. Adrienne Pardo: Hello. My name is Adrienne Pardo, with law offices at 1221 Brickell Avenue. I'm
here today -- with me is Hakki Koroglu and he's the owner of 3121 Commodore Plaza.. We're requesting
that you grant approval of this application and I'd like to clarify certain things and questions that you had
asked Commissioner Plummer. One, with regard to this ordinance, it only covers, although it allows
property within the G/I district to also be included as allowing parking for SD-2 district properties, the
designation that the City has put, it only covers the Coconut Grove Playhouse parcel.
189 October 13, 1998
Vice Chairman Plummer: Has nothing to do with this item today. Now, you keep talking and I'm going to
defer this item.
Ms. Pardo: OK, then. I will be quiet as long as you approve it; however, if there's any other issues I can
address, I would love to.
Vice Chairman Plummer: Quit creating other issues. Barbara.
Ms. Lange: I want to talk.
Vice Chairman Plummer: You've got the right to talk. For the record, your name and mailing address.
Ms. Lange: Well, you already got it the last time.
Vice Chairman Plummer: Yeah, but the record doesn't show that.
Ms. Lange: Barbara Lange, 3495 Main Highway, Coconut Grove. I live across the...
Vice Chairman Plummer: You have two minutes.
Ms. Lange: I have longer than that.
Vice Chairman Plummer: No, you don't. Two minutes.
Ms. Lange: There's 180 parking spaces there. The Coconut Grove Playhouse was grandfathered in. They
don't have to provide any parking. So, what you're doing today is letting everybody into the parking trust
that can park there and you're not creating any new spaces at all. Now, before you approve this, I think you
need a traffic study. I think you need to look at the residential area. And, if you remember, none of this was
brought by the Secretary of State. It was by an individual person that wanted to develop the property for
commercial interest. Now, I think it should be denied and not approved at all. Did I have two-- did I have
anymore minutes?
Vice Chairman Plummer: You got a minute and 20.
Commissioner Sanchez: You still got time.
Vice Chairman Plummer: Why, you can't think of anything else to say?
Ms. Lange: No, I have a bunch of notes here. I just wanted to get the best part on.
Commissioner Sanchez: Mr. Vice Chair.
Vice Chairman Plummer: She has the floor.
Commissioner Sanchez: Hey, I wait for my turn.
Vice Chairman Plummer: Don't argue with her. You'll come out second best, I'll tell you that. I've been
arguing with her for years and I never won one yet.
Ms. Lange: I'll stop.
Vice Chairman Plummer: Your clock is running. OK. Is there anybody else that wishes to...
Ms. Pardo: I just need to add one thing into the record, as evidence with regards to a traffic study, that I just
want -- I need to put it into the record. A traffic study that was performed for the Coconut Grove Planning
study that identified this site for parking purposes. That's it.
Vice Chairman Plummer: I'm ready to move the deferment.
190 October 13, 1998
Commissioner Sanchez: Mr. Vice Chair.
Vice Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: For the last six months, I get businesses and people that live in the Grove
complaining about they don't have a parking space. They can't get a parking space. Traffic is bad. Here's
an opportunity at this site. It's needed for the Commodore Plaza business. You know, I...
Vice Chairman Plummer: That's not true.
Commissioner Sanchez: Well, that's...
Vice Chairman Plummer: Let me tell you why it's not true. That's fine, except if he buys 30 spaces in there,
now you have a sell out thing at the theater. You don't have any places to put the cars for the theater because
they take more than a hundred and whatever it is parking spaces.
Commissioner Sanchez: So, you're going to have a full Coconut Grove and an empty lot.
Vice Chairman Plummer: Look, regardless of what you do, parking spaces in the Grove are critical. We
have done everything we can try to do to get the money to build this facility for five hundred cars, is it? I
think its five hundred cars. The only way that it's been explained to us that that's going to happen, is that
these people have got to pay so much a month or so much for a lifetime of the parking spaces. And, you
know, I just think it is -- in all fairness, we need it. Now, you know, I want to be honest with you. I'm
getting complaints. As you know, I go to the Taurus all the time. Taurus says, you know, that's great on the
north end of the Grove. What are you doing for the south end of the Grove? And that happens to be a true
statement, all right. And this is going to possibly affect the south end of the Grove so, hopefully, we're
going to find -- be able to find more parking. Now, this does not conclude that we can't do something else
because of Mr. Masrieh wanting to have the opportunity of this committee and if they should make any
recommendations to me, as the Vice Chairman, then I will do what is appropriate. Is there a motion at this
time?
Commissioner Sanchez: So move.
Commissioner Gort: Second.
Vice Chairman Plummer: There is a motion to approve. There is a second. Any further discussion? Read
the ordinance
Mr. Maxwell: Just for the record, Mr. Vice Chairman, let the record reflect that this - the vote you're taking
is based, in no way, upon any promises or re -considerations or anything.
Vice Chairman Plummer: Absolutely no promises whatsoever. That this Commission is only promising
that we're going to do the right thing. Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, THE
ZONING ORDINANCE, BY AMENDING ARTICLE 6, SECTION
602,10.4, TO MODIFY OFF -SITE PARKING REGULATIONS FOR
THE SD-2 COCONUT GROVE CENTRAL COMMERCIAL
DISTRICT, TO INCLUDE THAT PORTION OF THE ADJACENT G/I
DISTRICT CURRENTLY OCCUPIED BY THE COCONUT GROVE
PLAYHOUSE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
191 October 13, 1998
Passed on its first reading, by title, at the meeting of September 23, 1997, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Commissioner
Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Vice Chairman J.L. Plummer, Jr.
NAYS: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11715.
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: Oh boy. Hey, I think I know what I'm doing. Sometimes I don't. I'm voting yes
today to, hey, see the outcome of the parking committee, who we suggested. OK. That I would like to see
what their recommendation and what they have to say about the issue. So, I'm going to vote yes today. OK.
Now, we're on pocket items.
Ms. Pardo: Thank you very much.
Vice Chairman Plummer: We're on pocket items. Mr. Sanchez.
Commissioner Sanchez: Yes, Mr. Vice Chair, I have a pocket item.
Vice Chairman Plummer: Make it quick.
Commissioner Sanchez: Resolution clarifying the Rivermount House, an Affordable housing project
located at 789 Northwest 13th Avenue, Miami, and being rehabilitated by Carrfour Corporation is
consisted...
Vice Chairman Plummer: City Manager says no problem. You move it. Who seconds it?
Commissioner Gort: Second.
Vice Chairman Plummer: Seconded by Gort. Any further discussion? All in favor, say "aye."
The Commission (Collectively): Aye.
192 October 13, 1998
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1048
A RESOLUTION CERTIFYING THAT RIVERMONT HOUSE, AN
AFFORDABLE HOUSING PROJECT, LOCATED AT 789 NORTHWEST
13TH AVENUE, MIAMI, FLORIDA, AND BEING REHABILITATED BY
CARRFOUR CORPORATION, IS CONSISTENT WITH THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 AND THE
COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED PLAN;
DIRECTING THE CITY MANAGER TO FORWARD A COPY OF THIS
RESOLUTION TO THE STATE OF FLORIDA, OFFICE OF TOURISM,
TRADE AND ECONOMIC DEVELOPMENT.
(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.
Vice Chairman Plummer: Mr. City Attorney. I'm sorry, Mr. Teele? Mr. Teele, your pocket item, please.
Commissioner Teele: I don't have one, do I?
Vice Chairman Plummer: You told me you did.
Commissioner Sanchez: He lied.
Commissioner Gort: Changed his mind.
Commissioner Teele: Mr. Chairman, thank you very much. Thank you very much. Mr. Chairman, there
are...
Commissioner Sanchez: You got one?
Commissioner Teele: ... three pocket items that I have but essentially...
Vice Chairman Plummer: You told me one.
193 October 13, 1998
Commissioner Teele: ...what I'd like to do is request that, at the next Commission meeting, that there be a
report on where we are on 61st Street, that Germ City area where the crime was, and what promises that
we've made. You know, we said we were going to do this trailer and job creation and counseling and where
all of that is and what we're doing and what a recommendation is, which we never received. The second
area regards the 3rd Avenue business corridor planning process in which each business was supposed to be
surveyed and the number of employees and some statistical data by which to measure any performance. We
need to know where we are on that issue again, as well as the planning process on 17th Avenue and 15th
Avenue. And, in that regard, Mr. Manager, I would ask that you and the Public Works Department and the
Planning Department and Community Development Department really look at the lack oftrans -- mobility
infrastructure, parking lots, et cetera, particularly on 17th Avenue and these areas. Let me just call your
attention and the Commission's attention to what's happening in one of the few areas that Commissioner
Plummer doesn't oversee, where there seems to be some positive development going on and he'll probably
try to get that boundaries changed in the design district, where there's a lot of work going on. There's a lot of
activity going on. I think, you know, the public should be aware that there are a lot -- there's a lot of
development activity and the Governor and the State DOT (Department of Transportation) are working
closely. But the first thing they did was built a parking lot right off of 36th Street and 2nd Avenue for
people that want to go into the design district to be able to park.
Vice Chairman Plummer: And that is in my district.
Commissioner Teele: That's just-- it's adjacent to your district.
Vice Chairman Plummer: I go right to 37th Street, sir.
Commissioner Teele: But you're east of the railroad track.
Vice Chairman Plummer: No, sir, not there. I go all the way over to 5th Avenue on 37th Street. I wish you
would find out where your district is, Commissioner.
Commissioner Teele: Son of a --in any event, I was -- I should have known your hand was in it, huh? But
the point is this, businesses, whether they be in the Cuban community or the anglo community or the black
community, need proper transportation, infrastructure and support, particularly parking. And I know that
Commissioner Regalado has brought some of these matters before us in the past and I would ask, in the
context of these corridor studies on 17th Avenue and 15th Avenue that we're looking at, we look at that
particularly and I would hope that Community Development would undertake a study with Public Works
and Planning as to whether or not we should adjust the facade program and expand it to include the paving
of parking lots. It's fine to paint buildings and make them look good. I guess that makes politicians look
good but that adds very little utility to the business that we're trying to help. A parking lot, in a lot of cases,
could mean the difference between whether we're going to get business or going to have business or not.
And maybe there are some studies done but I'll do it.
Vice Chairman Plummer: And there are ordinances relating to what they have to do to bring their parking
lots up to snuff.
Commissioner Teele: Up to code.
Vice Chairman Plummer: Of drainage, of lighting, of security and fencing and all of that. I think it's a great
idea. If that money could be used to be encouraging businesses to provide more parking. I think,
Commissioner, you've got an excellent idea.
Commissioner Teele: Thank you, Commissioner.
Commissioner Gort: My understanding also, in the past one of the reasons the Off -Street Parking was
created was to provide parking within the needed areas. That's why it was created for downtown, Coconut
Grove, and they have done something to Little Havana. Some of those lots in there that could be used for
meters that they can have revenue also, so I think the Off -Street Parking should get involved in that one too.
Commissioner Teele: Certainly. The other area is this area that I asked be deferred this morning. I think
perhaps the deferral process needs to be reviewed. 1 recognize that the consent item was deferred on
194 October 13, 1998
workers comp but I think it's helpful that you understand what my concern is. I don't oppose the RFP
(request for proposals). I believe that we need an outside auditing firm, other than our external auditor, but
we need somebody to examine that worker's comp file realistically. I'm afraid that that could be the next
Gates case. I mean, you know, when you look at all of the study groups that have looked at this thing, they
all have come away shaking their heads.
Vice Chairman Plummer: Shutter.
Commissioner Teele: With the -- you know. And it's one thing, you know, to get into an RFP but I got to
tell you something, it's just like the debt collection RFP. If you don't know what it is you're going to do, you
cannot write an RFP and you're just writing a bid protest. You're just writing a lot of litigation. I think its
important, Mr. Manager, respectfully, that we bring in an outside auditor and we audit that account from top
to bottom before we go out with an RFP and I think the RFP should be written around where the problems
are and how to solve the problem. So, I don't object to the RFP. I just think -- you know, we don't know
what we're asking for until we can really quantify this and...
Vice Chairman Plummer: OK.
Commissioner Teele: And the final issue is, of course, the matters that relate to the subject matter of the
previous discussion in the last meeting and to be brought on the agenda next week, and I hope we be bring
that forward amicably. And I would move an ordinance for first reading as it relates to the portion of the
retirement trust fund that has already been approved by the Commission and forwarded to the Oversight
Board, who has approved it, and that relates to the City Attorney and I would ask that that ordinance be...
Vice Chairman Plummer: Is there a second?
Commissioner Regalado: Second.
Vice Chairman Plummer: There is a second. Any further discussion? All in favor, say "aye."
Mr. Alejandro Vilarello (City Attorney): I've got to read the ordinance.
Commissioner Teele: Roll call.
Vice Chairman Plummer: Why? It's not an ordinance.
Mr. Vilarello: It is an ordinance.
Commissioner Teele: Yes, it is an ordinance.
Commissioner Gort: Yes, it is. First reading.
Vice Chairman Plummer: Oh. Well, hurry up. Isn't that a conflict of interest, having him read that? Call
the roll.
195 October 13, 1998
The following motion and ordinance were introduced by Commissioner Teele and seconded by
Commissioner Regalado:
MOTION NO.98-1048.1
A MOTION TO RECONSIDER MOTION 98-1011 WHICH HAD DEFERRED
CONSIDERATION OF AGENDA ITEM 21 (PROPOSED FIRST READING
ORDINANCE TO AMEND SECTION 40-250 OF THE CODE OF THE CITY
RELATED TO PENSION BENEFITS FOR THE CITY ATTORNEY.
An ordinance Entitled -
AN ORDINANCE AMENDING SECTION 40-250 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "RIGHT OF
CERTAIN PERSONS TO REJECT MEMBERSHIP" AS IT RELATES TOT HE
CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST ("GESE TRUST"); PROVIDING
THAT: (1) THE CITY ATTORNEY, SHALL PARTICIPATE IN A PUBLIC
TRUST FUND APPROVED BY THE CITY COMMISSION; (2) CERTAIN
CONTRIBUTIONS MADE TO THE PUBLIC TRUST FUND ON BEHALF OF
HEREIN DESIGNATED EMPLOYEES SHALL BE AT A RATE OF
TWENTY PERCENT (20%) OF THE EMPLOYEE'S ANNUAL BASE
SALARY; AND (3) THE HEREIN DESIGNATED EMPLOYEES SHALL
TAKE ACTUAL OR CONSTRUCTIVE RECEIPT OF ALL
CONTRIBUTIONS MADE ON HIS OR HER BEHALF PRIOR TO
REACHING AGE 55 OR UPON BECOMING PERMANENTLY AND
TOTALLY DISABLED, IF SO PROVIDED IN SAID TRUST AGREEMENT;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
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.
Commissioner Gort: Yes. This contract was already approved by the Oversight Board and all those...
Mr. Vilarello: Yes, sir.
196 October 13, 1998
75. ACCEPT BID OF H & R PAVING, INC. '- FOR CITYWIDE RESURFACING PROJECT, B-4610
ALLOCATE $100,000 FROM PROJECT 341171 CAPITAL IMPROVEMENT ORDINANCE 11623 -
SEE''LABEL 4.
Commissioner Gort: OK. I have a question.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: CA 4, I'd like to bring it back. My understanding is...
Vice Chairman Plummer: CA 4. Mr. Regalado, Mr. Sanchez also asked to bring it back. Let's do it. Come
on.
Commissioner Sanchez: I only have one question, Mr. Kay.
Vice Chairman Plummer: Question.
Mr. Jim Kay (Director/Public Works): Yes, sir.
Commissioner Sanchez: Are we using any type of due diligence on these companies that are providing
services for us?
Mr. Kay: Yes, we are. We provide inspections to make -- to ensure that they do the work and follow the
plans, follow the specifications. That is our number one way in which we check on these companies.
Commissioner Sanchez: And, also, we -- are we telling them -- are we giving them a deadline to finish the
job and they must finish by that deadline? Are we...
Mr. Kay: Yes, we -- each job...
Vice Chairman Plummer: Or a penalty is incurred.
Mr. Kay: ...has a construction period that they have to comply with.
Commissioner Sanchez: With penalty if they go over?
Mr. Kay: Yes.
Vice Chairman Plummer: Oh, most all of our contracts have a penalty...
Mr. Kay: Liquidated damages.
Vice Chairman Plummer: ...of one tenth of one percent if they're not on deadline.
Commissioner Sanchez: You know, I'm glad to hear that but there was -- I wanted to mention something
today. They're out of the, I think, 20 something outside vendors, there were only two locals and I know you
-- that's your pet peeve. That was your pet peeve.
Vice Chairman Plummer: Absolutely.
Commissioner Sanchez: I want you to know that.
Vice Chairman Plummer: That was the reason 1 pulled the motorcycles. OK. Mr. Regalado has a quick
pocket.
Commissioner Regalado: OK. I have...
Commissioner Gort: Wait a minute. Do we got to make a motion on this?
197 October 13, 1998
Vice Chairman Plummer: Oh, excuse me. Are you satisfied on CA-4?
Commissioner Gort: Well, the reason I wanted to know if it was all across -- the pavement, my
understanding, is going to be done all across the City, especially in some of my neighborhoods, so yes.
Vice Chairman Plummer: CA-4 is moved by Mr. Gort. Seconded by Mr. Sanchez. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposition? Show unanimous.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-1049
A RESOLUTION ACCEPTING THE BID OF H & R PAVING, INC., IN THE
PROPOSED AMOUNT OF $87,100.00, FOR THE PROJECT ENTITLED
"CITYWIDE RESURFACING PROJECT, B-4610"; ALLOCATING FUNDS
THEREFOR FROM PROJECT NO. 341171 AS APPROPRIATED BY THE
FISCAL YEAR 1997-98 CAPITAL IMPROVEMENT ORDINANCE NO.
11623, AS AMENDED, IN THE AMOUNT OF $87,100.00 TO COVER THE
CONTRACT COST AND $12,900.00 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL COST OF $100,000.00; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM.
(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. Regalado, your pocket.
Commissioner Regalado: OK. I've got two. One, I would like to have some time so you could hear me out
but I know, J.L., that you need to go and -- I'll be brief. The City of Miami is about to enter in fie business
of passports and we're going to have an office in the Coconut Grove Convention Center. I have had contacts
with INS (Immigration and Naturalization Service) and they're looking for places for their citizenship
swearing in ceremonies. What they're going to do now is that, they're going to do smaller ceremonies rather
than the ten thousand or fifteen thousand that they used to do in the Convention Center in Miami Beach. So,
I would guarantee you that, if we have ceremonies in the Convention Center, we will immediately have
business in the passport office.
Commissioner Gort: Great idea.
198 October 13, 1998
Commissioner Regalado: Because, you see...
Commissioner Gort: Second the motion.
Commissioner Regalado: ...the people. Well, OK, second the motion.
Vice Chairman Plummer: What is the motion?
Commissioner Regalado: But the motion is for the administration to work with INS and resolve some of the
situations that could arise and facilitate those ceremonies in the Coconut Grove Convention Center.
Vice Chairman Plummer: OK. Is that the motion?
Commissioner Regalado: That is the motion.
Vice Chairman Plummer: All in favor say "aye."
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO.98-1050
A MOTION DIRECTING THE CITY MANAGER TO NEGOTIATE WITH
REPRESENTATIVES OF THE UNITED STATES DEPARTMENT OF
IMMIGRATION AND NATURALIZATION SERVICES TO USE THE
COCONUT GROVE CONVENTION CENTER AS SITE FOR
NATURALIZATION CEREMONIES.
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: OK.
Commissioner Regalado: The other pocket item...
Vice Chairman Plummer: Wait a minute. One a person.
Commissioner Regalado: No. It's...
Commissioner Teele: That's for the good of the order.
Commissioner Regalado: Right. It's...
Vice Chairman Plummer: Oh. Hurry up.
Commissioner Regalado: The other day there was an article in the paper regarding a person -- property
owner that thought that he was wronged by this City and...
199 October 13, 1998
Vice Chairman Plummer: That's every day.
Commissioner Regalado: ...Chief Martinez -- which, you know, that's unusual.
Vice Chairman Plummer: That's every day.
Commissioner Regalado: That is unusual but -- so, Chief Martinez and Rafael, they all work on that issue,
and they decided that the process should go on. I wanted to see the building and I wanted to see the tree that
allegedly was cut. I went to see the building and the building is, I will say to you, an Oasis in the middle of a
blighted area. I saw the tree and I just cannot believe that a person that keeps a building so neat and so
secure -- even the garbage bin is in the back while all the other buildings have their garbage bins in the front.
You know, I don't really understand...
Vice Chairman Plummer: What are you recommending?
Commissioner Regalado: What I'm recommending is, since we don't have time today nor for a personal
appearance, is that this person has a code enforcement case that we sort of deferred this code enforcement
case so the administration can revisit this case.
Vice Chairman Plummer: I think only the City Attorney can do that.
Mr. Alejandro Vilarello (City Attorney): No. And the City Commission can't...
Vice Chairman Plummer: We can't interfere.
Mr. Vilarello: ...direct the Code Enforcement Board to defer the item.
Commissioner Regalado: So, what do we suggest?
Vice Chairman Plummer: Fire the Code Enforcement Board.
Commissioner Regalado: No. I mean, you know, that's -- because the process already began and I don't
know -- Chief Martinez knows everything about this case and -- but I -- what I think...
Vice Chairman Plummer: Tomas, there's nothing we can do. We can't interfere. Now, you can do whatever
you want or you can speak to your appointee on that board and plea the case of what you think should be for
consideration but, other than that, as a Commission...
Commissioner Regalado: No, I think that there's more that we can do. I think that, you know...
Vice Chairman Plummer: The City Attorney said we can't.
Commissioner Regalado: No. But the -- the Code Enforcement people and the NET (Neighborhood
Enhancement Team) people will be the ones presenting the case against this guy.
Mr. Raul Martinez (Assistant City Manager - Operations): That's correct, Commissioner.
Commissioner Regalado: So, I -- it's like a State Attorney. If the State Attorney meets with a guy and sees
the evidence, maybe...
Commissioner Gort: Plea bargaining.
Commissioner Regalado: Yeah, plea bargaining.
Mr. Martinez: And, Commissioner, that's why the Special Master will rule on this. He'll make a decision,
who's right or who's wrong.
200 October 13, 1998
Vice Chairman Plummer: OK. All right. Can I have mine now?
Commissioner Gort: No, we got to go.
Commissioner Regalado: No, we got to go.
Commissioner Gort: Let's go. Let's go. We got to go.
Vice Chairman Plummer: All right. I don't have any pocket items. I got three items.
Commissioner Gort: You've got 20 seconds.
Commissioner Sanchez: After 29 years of service, take your time.
Vice Chairman Plummer: Oh, thank you and drop dead. Mr. City Manager, when I voted for you, one of
the things that you promised me you would do is that you would review, re-evaluate and restructure Code
Enforce -- NET (Neighborhood Enhancement Team) offices. Mr. City Manager, I'm waiting. I don't know
how much longer I'm going to wait patiently for a review and restructuring of the NET offices, OK. I'm not
asking for an answer now because I want it to be thought out. I want it in writing, but I want to tell you that
it begs out for review and revamping. OK.
Mr. Raul Martinez (Assistant City Manager - Operations): Commissioner, if I may? Two seconds.
Vice Chairman Plummer: Yeah.
Mr. Martinez: I met with all Commissioners, except yourself. For some reason, we-- our schedule haven't
been able to merge.
Vice Chairman Plummer: You avoided me.
Commissioner Gort: It's very hard to get a hold of him. You have to go to the funeral home.
Mr. Martinez: I don't think so, sir.
Vice Chairman Plummer: Right. And also, please advise all members of the Lot Clearing Program, there is
a meeting at 7:15 on Thursday morning in my office. The next item. Mr. Manager, I will request that all
members of this board be afforded, on a monthly basis, the overtime of all departments, what has been
incurred in the past 30 days and what the monies were used for and how much money it involved, so...
Mr. Donald H. Warshaw (City Manager): That's no problem, Commissioner.
Vice Chairman Plummer: The final thing that I would like my colleagues to consider. I think it's worth
considering, if they would stay here. You know, we rush through these agendas. I think that what we ought
to do, Mr. Teele, Mr. Regalado, is consider every quarter that we have an additional meeting for just the
items that a Commissioner would want to go into without having to be rushed. I realize they would have to
be advertised. I realize that they would have to be in the public, which they should be but I think that-- you
know, where we want to bring up certain items, we want to ask certain questions, today the time doesn't
prevail for us to get in depth into the projects, into the things that we want to know about, so I suggest to my
colleges to consider the possibility that once, like every quarter, that we have an additional like afternoon
201 October 13, 1998
meeting.
Commissioner Gort: There's an option.
Vice Chairman Plummer: And that is?
Commissioner Gort: If you stop going to Maria's at seven o'clock...
Vice Chairman Plummer: Why do I put up with you? And I nominated you. All right, is any other matters
to come before this...
Commissioner Gort: I think it's a good idea. We could do it.
Vice Chairman Plummer: I think its worth consideration. And I thank all of you for being here and this
meeting is adjourned.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION,
THE MEETING WAS ADJOURNED AT 5:53 P.M.
MAYOR JOE CAROLLO
COMMISSIONER J.L. PLUMMER, JR., VICE CHAIRMAN
ATTEST:
Walter J. Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
202 October 13, 1998