HomeMy WebLinkAboutCC 1998-10-27 MinutesCITY OF MIAMI
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COMMISSION
MINUTES
OF MEETING HELD ON October 27, 1998 (Planning & Zoning Meeting)
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foeman/City Clerk
ITEM NO.
INDEX
MINUTES OF PLANNING & ZONING MEETING
October 27, 1998
SUBJECT
LEGISLATION
1. ADOPT RESOLUTION DECLARING JOE SANCHEZ 10/27/98
COMMISSIONER OF DISTRICT 3 OF CITY DUE TO R 98-1051
ABSENCE OF OPPOSITION - TO FILL REMAINDER OF 2
UN -EXPIRED TERM UNTIL 2001.
2.
li
CONFIRM APPOINTMENT OF ROSE GORDON TO CITY 10/27/98
GENERAL EMPLOYEES' AND SANITATION R 98-1052
EMPLOYEES' RETIREMENT TRUST. 2-3
CONSENT AGENDA.
3.1 ACCEPT BID: ZIP MAILER, INC. -- FOR MAILING
SERVICES -- FOR FINANCE -- AT TOTAL ANNUAL
COST NOT TO EXCEED $7,364.50 -- ALLOCATE FUNDS
FROM ACCOUNT CODE NO. 260301.6.340. - DIRECT
CITY MANAGER TO FORWARD TO COMMISSIONER
GORT ALLOCATION CRITERIA FOR LAW
ENFORCEMENT TRUST FUND.
3.2 ACCEPT BID: MARTIN'S LAMAR UNIFORMS --- FOR
SPIEWAK WEATHER TECH EMS JACKETS -- FOR
DEPARTMENT OF FIRE -RESCUE -- AT ANNUAL
AMOUNT NOT TO EXCEED $65,000 -- ALLOCATE
FUNDS FROM ACCOUNT CODE NO.
001000.280601.6.075.
10/27/98
DISCUSSION
3-7
10/27/98
R 98-1053
7
10/27/98
R 98-1054
7
3.3 ACCEPT BID: CARIBBEAN PAINT COMPANY, INC. -- 10/27/98
FOR FIELD MARKING PAINT AT CITY ATHLETIC R 98-1055
FIELDS -- FOR PUBLIC FACILITIES -- AT ANNUAL COST 8
NOT TO EXCEED $15,527.5 -- ALLOCATE FUNDS FROM
ACCOUNT CODE NO. 404000.350503.6.712. -
COMMENTS CONCERNING QUALITY OF PAINT USED
AT ORANGE BOWL.
3.4 APPROVE RENTAL OF PAGERS FOR CITYWIDE USE 10/27/98
FROM PAGING NETWORK OF TENNESSEE, INC. -- AT R 98-1056
ANNUAL AMOUNT NOT TO EXCEED $45,00 --; 8
ALLOCATE FUNDS FROM THE BUDGETS OF THE USER
DEPARTMENTS AT TIME OF NEED.
3.5 APPROVE PROCUREMENT OF BUILDING MATERIALS - 10/27/98
- FOR CITYWIDE USE FROM VARIOUS VENDORS -- AT R 98-1057
ANNUAL AMOUNT NOT TO EXCEED $130,000 -- 8
ALLOCATE FUNDS FROM VARIOUS USER
DEPARTMENTAL BUDGETS AT TIME OF NEED.
3.6 AUTHORIZE FUNDING OF NON -VIOLENCE PROJECT, 10/27/98
IN AMOUNT NOT TO EXCEED $75,000 -- ALLOCATE R 98-1058
FUNDS FROM LAW ENFORCEMENT TRUST FUND, 9
PROJECT NOS. 690001, 690002, AND 690003.
3.7 AUTHORIZE FUNDING OF PLAY PRODUCED IN 10/27/98
CONJUNCTION WITH COCONUT GROVE PLAYHOUSE, R 98-1059
IN AN AMOUNT NOT TO EXCEED $100,000 -- 9
ALLOCATE FUNDS FROM THE LAW ENFORCEMENT
TRUST FUND, PROJECT NOS. 690001, 690002, AND
690003.
3.8 AUTHORIZE FUNDING OF "DO THE RIGHT THING" 10/27/98
PROGRAM -- IN AMOUNT NOT TO EXCEED $165,500 - R 98-1060
ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST 9
FUND, PROJECT NUMBERS 690001, 690002, AND 690003.
3.9 AUTHORIZE FUNDING FOR NEAT STUFF, INC. -- FOR 10/27/98
CLOTHING TO CHILDREN -- IN AMOUNT NOT TO R 98-1061
EXCEED $25,000 -- ALLOCATE FUNDS THEREFOR 10
FROM THE LAW ENFORCEMENT TRUST FUND,
PROJECT NOS. 690001, 690002, AND 690003.
3.10
AUTHORIZE CITY MANAGER TO ISSUE REQUEST FOR
10/27/98
PROPOSALS (RFP) -- FOR PRE -EMPLOYMENT
R 98-1062
PSYCHOLOGICAL SCREENING AND PSYCHOLOGICAL
10
SERVICES -- FOR DEPARTMENT OF POLICE
EMPLOYEES.
4.
DEFER CONSIDERATION OF AGENDA ITEM 3
10/27/98
(PROPOSED SECOND READING ORDINANCE: AMEND
DISCUSSION
CHAPTER S 2 AND 18 OF THE CODE BY ENACTING
10-11
ANTI -DEFICIENCY ACT TO SET FORTH REGULATIONS
TO ENSURE THAT DEPARTMENTS AND DEPARTMENT
DIRECTORS DO NOT EXCEED FUNDS IN EXCESS OF
THOSE PREVIOUSLY APPROVED IN DULY ADOPTED
BUDGET - COMMENTS CONCERNING FUTURE
SCHEDULING OF ANTI -DEFICIENCY ORDINANCE
WORKSHOP.
5.
SECOND READING ORDINANCE: AMEND CHAPTER
10/27/98
2/ARTICLE XI OF CODE ENTITLED:
ORDINANCE
"ADMINISTRATION/BOARDS, COMMITTEES,
11716
COMMISSIONS, TO ESTABLISH THE CULTURAL AND
11-12
FINE ARTS BOARD - COMMENTS FROM
COMMISSIONER REGALADO REQUESTING COST OF
ADMINISTERING AND ESTABLISHING SAID BOARD.
6.
COMMENDATIONS REVEREND WILLIE LEONARD:
10/27/98
RECOGNITION OF PAST SUPPORT TO POLICE
DISCUSSION
DEPARTMENT. DIRECT CITY MANAGER TO
12-13
SCHEDULE FOR NEXT COMMISSION MEETING
PROCLAMATION FOR MACEDONIA BAPTIST CHURCH
TO COMMEMORATE MACEDONIA'S 103RD
ANNIVERSARY.
7.
FIRST READING ORDINANCE AMENDING ARTICLE IV /
10/27/98
CHAPTER 54 OF CODE ENTITLED: NAMES OF
FIRST READING
AVENUES - CHANGE NAME OF SOUTHWEST 1
ORDINANCE
AVENUE BETWEEN SOUTHWEST 13 STREET AND 15
13-14
ROAD TO BRICKELL WAY.
8. SECOND READING ORDINANCE AMENDING SECTION
40-250 OF CODE ENTITLED "RIGHT OF CERTAIN
PERSONS TO REJECT MEMBERSHIP" -- AS IT RELATES
TO CITY GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT ("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 EMPLOYEE
SHALL BE AT A RATE OF TWENTY PERCENT (20%) OF
THE CITY ATTORNEY'S ANNUAL BASE SALARY; AND
(3) THE HEREIN DESIGNATED EMPLOYEE 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.
9. FIRST READING ORDINANCE AMENDING SECTION 40-
250 OF CO ENTITLED "RIGHT OF CERTAIN PERSONS
TO REJECT MEMBERSHIP" AS IT RELATES TO CITY OF
MIAMI GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST ("GESE TRUST") --
PROVIDING THAT: (1) ASSISTANT CITY MANAGERS
AND ASSISTANTS TO THE CITY MANAGER 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 EIGHT PERCENT (8%) 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.
10. (A) COMMENTS FROM VICE CHAIRMAN PLUMMER
REGARDING PUBLICATION OF CITY COMMISSION
MEETING AGENDAS.
(B) COMMENTS FROM VICE CHAIRMAN PLUMMER
CONCERNING PUBLIC OPINION POLL OF CITY
RESIDENTS REGARDING RENEWAL OF MIAMI
TELECOMMUNICATIONS INC. (TCI) CABLE
FRANCHISE.
(C) COMMENTS CONCERNING CORRECTION OF
INSPECTIONS BILLS FROM FIRE -RESCUE
DEPARTMENT.
10/27/98
ORDINANCE
11717
14-15
10/27/98
FIRST READING
ORDINANCE
16-17
10/27/98
DISCUSSION
17-18
r
11. FIRST READING ORDINANCE ESTABLISHING NEW
SPECIAL REVENUE FUND ENTITLED: "MIAMI LOVE
YOUTH AT RISK PROJECT"-- APPROPRIATE FUNDS
FOR SAID PROJECT IN AMOUNT OF $313,900,
CONSISTING OF 1998 LEGISLATIVE ITEM GRANT TO
BE ADMINISTERED BY THE FLORIDA DEPARTMENT
OF JUVENILE JUSTICE - DIRECT CITY MANAGER TO
EXPAND YOUTH AT RISK PROJECT TO OTHER
SCHOOLS - FURTHER DIRECT MANAGER TO PROVIDE
COMMISSIONER SANCHEZ WITH COPIES OF PROJECTS
PERTAINING TO YOUTH.
12. BRIEF COMMENTS IN CONNECTION WITH NEED FOR
BAYSIDE PIER i IMPORT.
13. WAIVE REQUIREMENTS FOR COMPETITIVE BIDDING
PROCEDURES -- FOR ACQUISITION OF PAINT AND
PAINT SUPPLIES FROM REX TONE, INC. -- IN AMOUNT
NOT TO EXCEED $7,993.30 -- FOR CITYWIDE
BEAUTIFICATION PROJECT -- ALLOCATE FUNDS
FROM ACCOUNT CODE NO. 452249.670799.209.
14. ACCEPT PROPOSAL OF APPRAISAL AND REAL
ESTATE ECONOMICS ASSOCIATES, INC. ("AREEA") --
FOR PROFESSIONAL CONSULTANT AND APPRAISAL
SERVICES ENSURING COMMERCIAL REAL PROPERTY
SITUATED IN CITY IS BEING ASSESSED AT "JUST
VALUE --, IN AN AMOUNT NOT TO EXCEED $75,000 --
ALLOCATE $75,000 FROM ACCOUNT NO. 921002-270.
15. AUTHORIZE SETTLEMENT: PAY EDWARD MARQUEZ,
WITHOUT ADMISSION OF LIABILITY $311,991.95,
INCLUSIVE OF ATTORNEY FEES AND EXPENSES,
(CASE NO. 98-5020 CA 20) - BEGINNING WITH
IMMEDIATE LUMP SUM PAYMENT IN THE AMOUNT
OF $141,005, -- ALLOCATE FUNDS THEREFOR FROM
THE SELF-INSURANCE AND INSURANCE TRUST FUND,
INDEX CODE NO. 515001.424401.6.661. 13,1998 - DIRECT
CITY MANAGER TO TELEVISE IVEY KEARSON CIVIL
SERVICE HEARING - DIRECT CITY MANAGER TO
REQUEST THAT ED MARQUEZ SERVE AS PRO-BONO
FINANCIAL ADVISOR TO CITY - FURTHER DIRECTING
CITY ATTORNEY TO PROVIDE LEGAL OPINION ON
VALIDITY OF CITY MANAGER'S CONTRACT.
10/27/98
FIRST READING
ORDINANCE
18-19
10/27/98
DISCUSSION
20
10/27/98
R 98-1063
20
10/27/98
R 98-1064
21
10/27/98
R 98-1065
22-3 5
16.
PERSONAL APPEARANCE: LEROY JONES, EXECUTIVE
10/27/98
DIRECTOR NEIGHBORS AND NEIGHBORS
DISCUSSION
ASSOCIATION - CONCERNING OFF STREET PARKING
36-40
FUNDS DESIGNATED FOR OVERTOWN -- DIRECT CITY
ATTORNEY TO DRAFT LEGISLATION STATING THAT
OVERTOWN ADVISORY BOARD BE HEARD BY
COMMISSION FIRST ON MATTERS DEALING WITH
OVERTOWN.
17.
DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM
10/27/98
15A (RATIFICATION OF FISCAL YEAR 1998-99
DISCUSSION
COMMUNITY REDEVELOPMENT AGENCY BUDGET
40-54
[RATIFIED BY CRA BOARD OF DIRECTORS ON
SEPTEMBER 22, 1998]) - DISCUSS AGENDA ITEM 15B:
PROPOSED REVISIONS TO INTERLOCAL
COOPERATION AGREEMENT BETWEEN CITY AND
COMMUNITY REDVELOPMENT AGENCY --
(PERSONAL APPEARANCE: ROBERT FRIEDMAN AND
ELIZABETH MACBRIDE) - DISCUSS ANNUAL
PAYMENT OF SECTION 108 LOAN DEBT SERVICE (
$440,000 APPROXIMATELY) AND PAYMENT OF DEBT
SERVICE FOR 1990 COMMUNITY REDEVELOPMENT
BONDS ($357,000) - COMMENTS CONCERNING OFF
STREET PARKING FUNDS DIVERTED TO GUSMAN -
FURTHER COMMENTS CONCERNING PROPOSED
ALLOCATION OF $225,000 FROM COMMUNITY
REDEVELOPMENT AGENCY TO LITTLE HAITI FOR JOB
TRAINING.
18.
GRANT REQUEST FROM CASA DE ALABANZA
10/27/98
CHURCH FOR TEMPORARY STREET CLOSURE ON
M 98-1066
NOVEMBER 21, 1998 FOR EVENT - LOCATION: 35
55-56
AVENUE BETWEEN WEST FLAGLER STREET AND
WEST FLAGLER TERRACE.
19.
APPOINT BILL BAYER TO MIAMI SPORTS AND
10/27/98
EXHIBITION AUTHORITY.
R 98-1067
56
20. ACCEPT DONATION OF 30 DATE PALM TREES FOR 10/27/98
WATSON ISLAND. R 98-1068
56-57
21. COMMISSIONER SANCHEZ APOLOGIZES TO CABLE 9 10/27/98
VIEWERS FOR MORNING DISCUSSION DURING DISCUSSION
COMMISSION MEETING. 57-61
22. (A) SCHEDULE COMMUNITY REDEVELOPMENT AGENCY
MEETING FOR NOVEMBER 16, 1998, AT 1:30 PM, AT MIAMI
ARENA - FOR DISCUSSION OF ISSUES DEALING WITH
COMMUNITY REDEVELOPMENT AGENCY'S BUDGET /
INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY /
ENTITLEMENT OF COMMUNITY REDEVELOPMENT
AGENCY TO REVENUES FROM ARENA PARKING LOTS
(LOTS 57 THROUGH 60) - FURTHER AGREEING TO
CONVENE SPECIAL CITY COMMISSION MEETING
BEGINNING AT 2 PM TO DISCUSS COMMUNITY
REDEVELOPMENT AGENCY ISSUES - SEE LABEL 17.
(B) DIRECT CITY MANAGER TO DRAFT ORDINANCE TO
PROVIDE FULL FUNDING OF COMMUNITY
REDEVELOPMENT AGENCY FOR FIVE YEARS - TO PROVIDE
FOR COMPREHENSIVE SUNSET EVALUATION AND REVIEW
OF COMMUNITY REDVELOPMENT AGENCY - PRESENT
PROPOSED FIRST READING ORDINANCE AT SPECIAL
COMMISSION MEETING OF NOVEMBER 16, 1998 - PRESENT
FOR SECOND READING AT COMMISSION MEETING OF
DECEMBER, 1998.
(C) DIRECT CITY ATTORNEY TO DRAFT ORDINANCE
ESTABLISHING POLICY AND PROGRAM REVIEW
COMMITTEE - TO ADVISE CITY COMMISSION ON
COMMUNITY REDEVELOPMENT AGENCY ACTIVITIES -
FURTHER DIRECT CITY ATTORNEY TO HAVE FIRST
READING ORDINANCE FOR NOVEMBER, 1998 AND SECOND
READING FOR DECEMBER, 1998.
(D) PUBLIC INPUT - DIRECT ADMINISTRATION TO PROVIDE
COMMISSION AT NOVEMBER 16, 1998 SPECIAL MEETING
WITH BREAKDOWN OF ALLOCATIONS OF COMMUNITY
DEVELOPMENT BLOCK GRANTS FUNDS / HOW GRANT
PROCESS WORKS / RELATED UPDATED CENSUS FIGURES -
DIRECT CITY ATTORNEY TO DRAFT RESOLUTION FOR
PROPOSED CITY COMMUNITY RELATIONS BOARD.
(E) DIRECT CITY ATTORNEY TO PREPARE REPORT FOR
NOVEMBER 16, 1998 SPECIAL MEETING ON FOLLOWING
ISSUES: (1) FUNDING CITY AND CRA STAFF WITH
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS - (2)
RESEARCH US HOUSING AND URBAN DEVELOPMENT
FUNDING CRITERIA AND DESIGNATIONS FOR SUB -
GRANTEES AND SUB -RECIPIENTS - (3) EXPLORE
FEASIBILITY OF ADDITIONAL PERMISSIBLE FUNDS TO PAY
SUB -GRANTEES - (4) EXPLORE FEASIBILITY FOR PAYMENT
IN LIEU OF TAXES FOR BUILDINGS OFF TAX ROLLS.
(F) INSTRUCT CITY MANAGER NOT TO SIGN CONTRACTS
NOR DISBURSE FUNDS FOR OMNI COMMUNITY
REDEVELOPMENT AGENCY UNTIL MIAMI-DADE COUNTY
APPROVES CONTRACTS FOR SOUTHEAST
OVERTOWN/PARK WEST DISTRICT.
10/27/98
M 98-1069
R-98-1070
R 98-1071
M 98-1072
62-87
23. AUTHORIZE CITY MANAGER TO EXECUTE
NEGOTIATED AGREEMENT WITH DUANY, PLATER-
ZYBERK AND COMPANY, -- FOR PROFESSIONAL
PLANNING AND DESIGN SERVICES -- FOR VIRRICK
COMMUNITY WATER SPORTS CENTER PROJECT,
PHASE II -- FOR BASE FEE OF $368,000 WITH
ALLOWANCES NOT TO EXCEED $25,000 FOR
REIMBURSABLE EXPENSES AND UP TO $100,000 FOR
PRESCRIBED ADDITIONAL SERVICES, LIMITING
INITIAL AUTHORIZATION AND SCOPE OF SERVICES
TO $350,000 -- ALLOCATE FUNDS FROM SNP BOND
PROGRAM AND CAPITAL IMPROVEMENT PROJECT
NO. 333124, ENTITLED "VIRRICK COMMUNITY WATER
SPORTS CENTER PROJECT."
24. PERSONAL APPEARANCE: OLGA FRAGA, EXECUTIVE
DIRECTOR OF THE COCONUT GROVE CHAMBER OF
COMMERCE -- TO REQUEST VARIOUS
AUTHORIZATIONS AND WAIVERS RELATED TO
"SUPER SPORTS SPECTACULAR" FESTIVAL
SCHEDULED FOR SATURDAY, JANUARY 30, 1999, TO
COINCIDE WITH SUPER BOWL WEEKEND.
25. (A) DIRECT CITY MANAGER AND CITY ATTORNEY TO
PROVIDE DOCUMENTATION ON ELIGIBILITY
PROCESS TO USE COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS FOR HISTORICAL STATUS
DESIGNATIONS AND CODE COMPLIANCE INITIATIVES
- FURTHER REQUESTING LIST OF BUILDINGS AS
CATEGORIES ADVERTISED AS HISTORIC
PRESERVATION -- FURTHER INQUIRING ABOUT
ENGINEERING/ARCHITECTURAL FIRM HIRED FOR
TEATRO MARTI RESTORATION.
(B) DIRECT ADMINISTRATION TO DESIGNATE
COMMISSIONER SANCHEZ TO A COMMITTEE ALONG
WITH MIAMI CAPITAL AND MEMBERS OF
ADMINISTRATION TO STUDY RELOCATION OF
COMMUNITY SERVICE GROUPS PRESENTLY HOUSED
IN TEATRO MARTI BUILDING.
(C) DIRECT CITY MANAGER TO ASCERTAIN
FEASIBILITY OF PURCHASING TEATRO MARTI LAND /
USE COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS FOR CODE COMPLIANCE / RELOCATION OF
COMMUNITY SERVICE GROUPS.
10/27/98
R 98-1073
87-92
10/27/98
R 98-1074
92-94
10/27/98
M 98-1075
94-106
26. DISCUSS - ACCEPT LEASE AND DEVELOPMENT
AGREEMENT WITH GROVE HARBOUR MARINA AND
CARIBBEAN MARKETPLACE, LLC., FOR DINNER KEY
BOATYARD PROJECT -- FURTHER DISCUSS TERMS OF
AGREEMENT SUCH AS ETHNIC PARTICIPATION /
CANCELLATION CLAUSE / RIGHT OF CITY TO SELECT
MARINA OPERATORS.
27. (A) DISCUSS NEED FOR INDUSTRY EXPERTS TO
CONDUCT MANAGEMENT STUDY OF BEDMINSTER
SEACOR CONTRACT AND FIGURES -- DIRECT CITY
ATTORNEY TO CONDUCT MEETING TO DISCUSS
BEDMINSTER SEACOR LAWSUIT. -- COMMENTS BY
MAYOR CAROLLO CONCERNING BEDMINSTER
CONTRACT WITH COBB COUNTY, GEORGIA --
FURTHER REQUESTING COST OF MANAGEMENT
STUDY TO EVALUATE BEDMINSTER CONTRACT
FIGURES.
(B) BRIEF DISCUSSION CONCERNING FLOW OF WASTE
STREAM.
10/27/98
R 98-1076
106-123
10/27/98
DISCUSSION
124-155
28. APPROVE ALLOWING FISHER ISLAND TO CONSTRUCT 10/27/98
/ MANAGE PARKING FACILITIES ON VIRGINIA KEY ON R 98-1077
REVOCABLE PERMIT BASIS WITH CONDITIONS. 155-157
29. EMERGENCY ORDINANCE: AMENDING ORDINANCE 10/27/98
11537 - ACCEPT $46,700 GRANT FOR WYNWOOD ORDINANCE
HIDTA COMMITTEE. 11718
157-159
30. GRANT CCAL CORPORATION EXTENSION OF PERMIT 10/27/98
- FOR FLEA MARKET AT MAHI SHRINE TEMPLE R 98-1078
LOCATED AT 1480 N.W. NORTH RIVER DRIVE. 159-160
31. EMERGENCY ORDINANCE: AMENDING ORDINANCE 10/27/98
11693 - SUPPLEMENT MBIA INSURANCE FOR ORDINANCE
PARKING SYSTEM BONDS - AMEND TERM PROJECT 11719
SUBJECT TO CITY ATTORNEY APPROVAL. 160-162
32. (A) DIRECT CITY MANAGER TO PROVIDE COST OF 10/27/98
IMPLEMENTING SUPER CAN SYSTEM TO COLLECT DISCUSSION
GARBAGE FOR SINGLE FAMILY RESIDENTIAL 162-163
HOUSEHOLDS.
(B) DIRECT CITY MANAGER TO PROVIDE COST AND
TIMETABLE FOR REMOVAL OF PARKING LOTS FROM
UNDERNEATH I-95 IN OVERTOWN.
33. CONTINUE FOLLOWING AGENDA ITEMS TO
PLANNING AND ZONING COMMISSION MEETING OF
NOVEMBER 17, 1998: PZ-2 (PROPOSED MAJOR USE
SPECIAL PERMIT FOR CLOISTERS ON THE BAY
PROJECT, 3463-3571 MAIN HIGHWAY) - PZ-3
(PROPOSED FIRST READING ORDINANCE: AMEND
COMPREHENSIVE NEIGHBORHOOD PLAN AT 1612
N.W. 30 STREET TO RESTRICTED COMMERCIAL) - PZ-4
(PROPOSED FIRST READING ORDINANCE: CHANGE
ZONING AT 1612 N.W. 30 STREET TO C-1 RESTRICTED
COMMERCIAL) -PZ8 (PROPOSED SECOND READING
ORDINANCE: AMEND COMPREHENSIVE
NEIGHBORHOOD PLAN AT 1975 N.W. 12 AVENUE
[PROPERTY MAINTENANCE SITE] FROM PUBLIC
FACILITIES TO GENERAL COMMERCIAL) - PZ9
(PROPOSED SECOND READING ORDINANCE: CHANGE
ZONING AT 1975 N.W. 12 AVENUE [PROPERTY
MAINTENANCE SITE] FROM G/I GOVERNMENT AND
INSTITUTIONAL TO C-2 LIBERAL COMMERCIAL) -
PZ12 (PROPOSED FIRST READING ORDINANCE:
AMEND COMPREHENSIVE NEIGHBORHOOD PLAN AT
1401 & 1441 NORTH MIAMI AVENUE FROM PUBLIC
FACILITIES TO GENERAL COMMERCIAL - PZ13
(PROPOSED FIRST READING ORDINANCE: CHANGE
ZONING AT 1401 & 1441 NORTH MIAMI AVENUE FROM
PARKS AND RECREATION AND G/I GOVERNMENT
AND INSTITUTIONAL TO C-2 LIBERAL COMMERCIAL).
34. GRANT APPEAL OF ZONING BOARD DECISION WHICH
GRANTED APPEAL BY MARGO ALVAREZ AND
REVERSED PLANNING AND DEVELOPMENT'S
DECISION TO ISSUE CLASS 11 SPECIAL PERMIT
APPLICATION 98-0075 - FOR CONSTRUCTION OF
PARKING GARAGE - LOCATION: 3315 RICE STREET -
APPELLANT: OFF STREET PARKING. - FURTHER
COMMENTS FROM SIMON FERRO NEWLY APPOINTED
US AMBASSADOR TO PANAMA.
35. CONTINUE CONSIDERATION OF PZ-1 (REQUEST FOR
OFFICIAL VACATION AND CLOSURE OF PUBLIC
RIGHT-OF-WAY - LOCATION: PORTION OF N.E. 13
TERRACE BETWEEN BISCAYNE BOULEVARD AND
NORTH BAYSHORE DRIVE - APPLICANT: MIAMI-
DADE COUNTY, DAGREN INC. & KNIGHT RIDDER,
INC.) TO PLANNING AND ZONING MEETING OF
NOVEMBER 17, 1998.
10/27/98
M 98-1079
164-165
10/27/98
R 98-1080
165-168
10/27/98
M 98-1081
169-170
36.
FIRST READING ORDINANCE: AMEND ORDINANCE
10/27/98
10544 FROM DUPLEX RESIDENTIAL TO RESTRICTED
FIRST READING
COMMERCIAL - CHANGE FUTURE LAND USE
ORDINANCE
ELEMENT OF COMPREHENSIVE NEIGHBORHOOD
170-171
PLAN - LOCATION: 3674, 3680, 3690 S.W. 26 TERRACE
AND 3675 S.W. 27 STREET - APPLICANT: SOL C.
MANDEL.
37.
FIRST READING ORDINANCE: AMEND ORDINANCE
10/27/98
11000 FROM R-2 TWO FAMILY RESIDENTIAL TO C-1
FIRST READING
RESTRICTED COMMERCIAL TO CHANGE ZONING
ORDINANCE
ATLAS - LOCATION: 3674, 3680, 3690 S.W. 26 TERRACE
171-172
AND 3675 S.W. 27 STREET - APPLICANT: SOL C.
MANDEL.
38.
FIRST READING ORDINANCE: AMEND ORDINANCE
10/27/98
11000 - ADD SD-19 DESIGNATED F.A.R. OVERLAY
FIRST READING
DISTRICT TO CHANGE ZONING ATLAS - LOCATION:
ORDINANCE
3674, 3680, 3690 S.W. 26 TERRACE AND 3675 S.W. 27
172-173
STREET - APPLICANT: SOL C. MANDEL.
39.
RECONSIDER PRIOR VOTE OF ORDINANCE 11715
10/27/98
(MODIFY OFF -SITE PARKING REGULATIONS FOR SD-2
M 98-1082
COCONUT GROVE CENTRAL COMMERCIAL DISTRICT
173-174
TO INCLUDE PORTION OF ADJACENT BB/I DISTRICT
OCCUPIED BY COCONUT GROVE PLAYHOUSE) -
DIRECT CITY MANAGER TO SCHEDULE ITEM FOR
NOVEMBER 17, 1998 COMMISSION MEETING - SEE
LABEL 44.
40.
FIRST READING ORDINANCE: AMEND ARTICLE 6,
10/27/98
SECTION 604 OF ORDINANCE 11000 TO PERMIT
FIRST READING
GENERAL OFFICE USE IN EXISTING OFFICE
ORDINANCE
STRUCTURES WITHIN SD-4 ZONING DISTRICT -
174-175
APPLICANT: PLANNING AND DEVELOPMENT.
41.
CONTINUE FOLLOWING AGENDA ITEMS TO
10/27/98
PLANNING AND ZONING COMMISSION MEETING OF
M 98-1083
NOVEMBER 17, 1998: PZ14 (PROPOSED FIRST READING
175-176
ORDINANCE TO MODIFY MINIMUM YARD
REQUIREMENTS IN ZONING ORDINANCE 11000) - PZ16
(PROPOSED FIRST READING ORDINANCE TO AMEND
ZONING ORDINANCE 11000 TO ALLOW SALES OF
FRESH FLOWERS FROM MOBILE VENDING CARTS BY
CLASS 11 SPECIAL PERMIT).
42. APPROVE IN PRINCIPLE COCONUT GROVE PLANNING 10/27/98
STUDY - FOR GUIDING CITY IN PLANNING FUTURE R 98-1084
DEVELOPMENT AND PRESERVATION OF COCONUT 176-178
GROVE AREA - DIRECT CITY MANAGER TO
SCHEDULE ON AGENDA DISCUSSION OF COCONUT
GROVE PLANNING STUDY FOR PUBLIC
PARTICIPATION.
43. APPOINT ADOLF KING TO CODE ENFORCEMENT 10/27/98
BOARD. R 98-1085
178-179
44. CONTINUED DISCUSSION -- RECONSIDER ORDINANCE 10/27/98
11715 (AGENDA ITEM PZ-1 OF OCTOBER 13, 1998: M 98-1086
AMEND ORDINANCE 11000 TO MODIFY OFF -SITE 179-180
PARKING REGULATIONS FOR SD-2 COCONUT GROVE
CENTRAL COMMERCIAL DISTRICT OCCUPIED BY
COCONUT GROVE PLAYHOUSE) - DIRECT CITY
MANAGER TO SCHEDULE ITEM ON NOVEMBER 17,
1998 PLANNING AND ZONING COMMISSION MEETING
- SEE LABEL 39.
45. APPOINT FRANK VAN DER POST TO BAYFRONT PARK 10/27/98
MANAGEMENT TRUST. R 98-1087
180
46. APPOINT ANSELMO ALLIEGRO TO INTERNATIONAL 10/27/98
TRADE BOARD. R 98-1088
181
47. (A) DIRECT CITY MANAGER TO PROVIDE REPORT 10/27/98
CONCERNING REORGANIZATION OF NET OFFICES BY DISCUSSION
COMMISSION MEETING OF DECEMBER 1998. 181-182
(B) DIRECT CITY MANAGER TO SCHEDULE
ORDINANCE ADDING ALTERNATES TO CODE
ENFORCEMENT BOARD FOR COMMISSION MEETING
OF NOVEMBER 17, 1998 - FURTHER DIRECT
MANAGER TO RESCHEDULE NEWSPAPER RACKS
ISSUE FOR COMMISSION DISCUSSION.
48. APPOINT JORGE CALIL TO PROPERTY ASSET REVIEW 10/27/98
COMMITTEE. R 98-1089
182-183
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 27th 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 9:32 a.m. by Presiding Officer/Commissioner J.L. Plummer, Jr.
(hereinafter referred to as Vice Chairman Plummer), with the following members of the Commission
found to be present:
ALSO PRESENT:
Commissioner Wifredo Gort (District 1)
Commissioner J.L. Plummer, Jr. (District 2)
Commissioner Joe Sanchez (District 3)
Commissioner Tomas Regalado ( District 4)
Commissioner Arthur E. Teele, Jr. (District 5)
Donald Warshaw, Interim City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
An invocation was delivered by Commissioner Regalado. Commissioner Gort then led those present in a
pledge of allegiance to the flag.
October 27, 1998
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-1051
A RESOLUTION DECLARING THAT JOE SANCHEZ SHALL
SERVE AS COMMISSIONER OF DISTRICT 3 OF THE CITY OF
MIAMI, FLORIDA, DUE TO THE ABSENCE OF ANY OPPOSITION,
TO FILL THE REMAINDER OF AN UN -EXPIRED TERM, SUBJECT
TO POSSIBLE DISPLACEMENT, OR UNTIL SUCH TIME AS THE
RESULTS HAVE BEEN DECLARED AND CERTIFIED FOR THE
NONPARTISAN PRIMARY ELECTION ON NOVEMBER 6, 2001,
AND THE NONPARTISAN GENERAL ELECTION, IF NECESSARY,
ON NOVEMBER 13, 2001, WHICH ELECTION(S) SHALL ELECT A
COMMISSIONER TO SERVE A TERM PURSUANT TO SECTION 4
OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED.
(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.
[NOTE FOR THE RECORD: Item 3 was deferred to November 17, 1998]
Vice Chairman Plummer: Ladies and gentlemen? Ladies and gentlemen, it is now-- ladies and gentlemen
again, we have a very long agenda. Would everybody please stand for the invocation and the pledge to the
flag? Reverend Regalado, you'll lead us in prayer. Reverend Regalado will lead us in prayer and Mr. Gort
will do the pledge of allegiance. For the record, Mr. Clerk, the memo from Commissioner Teele has pulled
Item 3. If anyone here is on Item 3, it is being put over to the next agenda, which will be November the
17th, regular 3.
2. CONFIRM APPOINTMENT OF ROSE GORDON TO CITY GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT TRUST.
In deference to State Senator Ron Silver, who has an item, to my colleagues, I will afford him the
opportunity, who he has to leave, on Item 25. Senator.
Senator Ron Silver: Thank you very much, Commissioner Plummer and members of the Commission..
This is one of our re -appointments to the Board of Trustees, the Pension Fund, Item Number 25. It's Rose
Gordon's reappointment. As you know, Rose Gordon served as a former City Commissioner, here.
Vice Chairman Plummer: Is there a motion?
October 27, 1998
Commissioner Gort: Move it.
Vice Chairman Plummer: Is there a second?
Commissioner Regalado: Second.
Vice Chairman Plummer: All in favor, say "aye." All opposed? Show unanimous ballot.
The Commission (Collectively): Aye.
Vice Chairman Plummer: Thank you, Senator. You did a magnificent job, as always.
Senator Silver: Thank you very much.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-1052
A RESOLUTION CONFIRMING THE REAPPOINTMENT OF AN
INDIVIDUAL AS A MEMBER OF THE BOARD OF TRUSTEES OF THE
CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST FOR A TERM AS DESIGNATED
HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Joe Sanchez
[AT THIS POINT COMMISSIONER TEELE ENTERED THE COMMISSION CHAMBERS AT
APPROXIMATELY 10:01 A.M.]
13. CONSENT AGENDA. I
Vice Chairman Plummer: Will the uniform police go out and ask for a little more dignity and decorum,
please? Reverend Leonard, I'm going to wait, if your -- with your indulgence, until we get some more
colleagues present for your photograph, all right? Will you? Hopefully, they'll be right back. All right.
Ladies and gentlemen -- where's the regular agenda? For the record, this is October the 27th and the time is
ten o'clock. We will now go into the Consent Agenda, which is Items 1 through -- we'll wait for
Commissioner Sanchez. That would be items --
Commissioner Regalado: OK. Meanwhile ... Mr. Vice Chairman?
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: I have some questions on the Consent Agenda. Maybe the administration can go
ahead and respond to it. On CA-3, painting of the Orange Bowl, I'm OK with this but it's-- I just wanted to
know, six years ago, I think, the Orange Bowl was painted and I understand that the quality of the work was
not the one that was required in the contract and some paint was peeling last year and this year. So, I don't
know if we still have some guarantee on that paint job or the guarantee is over. Chief?
October 27, 1998
Assistant Chief Raul Martinez (Interim Assistant City Manager): Commissioner, the painting that's in front
of you is not for the painting of the building. It's for field painting, like the yard markers and the Orange
Bowl sign and the Miami Hurricane signs on the field.
Commissioner Regalado: How about the peeling? Christina knows about it.
Ms. Christina Abrams (Director of Public Facilities): The Orange Bowl was under warranty when the
peeling began and right now we retain an engineering firm that is studying the problems so that we can take
remedy under the contract to have it repainted.
Vice Chairman Plummer: I brought this to your attention-- not you -- to the City administration attention
over a year ago. I don't know how much longer we're going to wait and wait until the warranty runs out. As
you might recall, Commissioner, the specks on that paint were so specific, they brought in and paid a
consultant a tremendous amount of money to recommend the paint that they needed. All I can tell you is, I
hope the time in the warranty haven't run out because it was brought home a year ago. I would like to, if I
may -- and I'm not going to ever deny a Commissioner — but the policy is, any item that you have that needs
more report, that when it's pulled, it's pulled to the next Commission-- officer, could you go over in that area
over there? I mean, people are here for a purpose. Mr. Gort.
Commissioner Gort: I don't want to hold the Consent Agenda but it's a couple of questions that I have. One
is the -- when I look at the difference between the -- in number one, between the -- there was three bids and I
know we awarded to the lowest bidder but there was a difference over a hundred percent and I want to make
sure that the lower bidder can do the job for that amount. Are we going to have-- are we going to make sure
that they have a bond -- they're bonded in case they fail?
Ms. Judy Carter (Purchasing): Fortunately, sir, this vendor has provided work for us in the past and the --
Commissioner Gort: Yes.
Ms. Carter: Oh, yes. And the department has been pleased with their performance. So, that's not an issue in
this instance.
Commissioner Gort: Super. Because I had about a hundred percent savings in -- compared to the other
bids, the other two bids.
Ms. Carter: Yes. They provide quality field marking paint for the Orange Bowl.
Vice Chairman Plummer: Anything else, Mr. Gort?
Commissioner Gort: Mr. Manager, I would like for the -- because we do have a lot of requests from -- to
come to us from the Law Enforcement Trust Fund. I would like to -- for you to send me the criteria, how
you go about selecting the programs and the programs that we have afforded funding. What they have done
and how many people have they served? OK?
Mr. Donald H. Warshaw (City Manager): I'll do that for you.
Commissioner Gort: Thank you.
Vice Chairman Plummer: Mr. Regalado, I didn't mean to cut you off. If you had another...
Commissioner Regalado: Yeah, I do. On CA-5, I'm in favor of that resolution. I read all the documents and
I just have one comment, and I think that it's worth to include it, maybe on the direction to the
administration. Among the stores that the City is going to buy building materials, you have a long list of
several stores, plus a long list of Home Depot stores. Well, my direction to the administration, if the
Commission approves it, is that the City will buy when the buys on the Home Depot, on the one that is
located in the City of Miami, which is 8th Street and 29th Avenue. The rests are outside the city limits, so
we should limit the buys on Home Depot to that particular store.
4 October 27, 1998
Vice Chairman Plummer: Absolutely.
Ms. Carter: Totally agree with you, sir, and that was our intent.
Vice Chairman Plummer: Reverend Teele. Bishop Teele, you have any items on the consent?
Commissioner Teele: No Mr. Chairman. I want to commend the management in moving forward with the
acquisition of purchase orders off of other contracts. That's something we've discussed for a better part of a
year. It's taken 11 months, I know, to get here but, you know, all these governments go out and bid.
Jackson Hospital goes out for bid. Dade County goes out for bid and other municipalities. And in many
cases, their bid numbers are five, six, ten times what we're doing and so, if there's a price advantage, we're
able to buy off of that price. And I think this represents some forward, looking thinking and I commend the
management and the staff that have brought this to fruition and I am -- I think it would benefit the citizens
and the taxpayers.
Vice Chairman Plummer: Mr. Manager, I, the only one left, am going to pull CN10. I don't think CA-10 is
enough money for city rent rented property and I'd like for that to go back to negotiations. Now, is there
anyone else wishing to speak on the Consent ... Oh -oh. Mr. Boom -Boom.
Mr. Goenaga: Good morning, citizens of Miami and my honorable and lovable Commissioners, more
specifically with Mr. Plummer, who really enjoys me being present, here. I am glad-- in my two minutes
I'm going to address the citizens, I'm glad that a lot of people is here, today and I tell you why.
Vice Chairman Plummer: What item are you speaking to, Mr. Boom Boom?
Mr. Goenaga: Well, you don't want me to hear the truth so...
Vice Chairman Plummer: No, I wish you'd speak to an item.
Mr. Goenaga: I'm speaking on CA-7.
Vice Chairman Plummer: CA 7.
Mr. Goenaga: On all of them.
Vice Chairman Plummer: You have a minute and 34 seconds left.
Mr. Goenaga: All of them. OK. We are here granting a hundred thousand dollars ($100,000) for a play.
Isn't this a better play than the Coconut Grove Playhouse?
Vice Chairman Plummer: Absolutely. Next question?
Mr. Goenaga: Well, over and over again, over and over again, in every single Commission meeting, every
time the issue of the Law Enforcement Trust Fund, the deposits and expenses, I ask for a copy and they all -
I know it's an incoming and outgoing and they -- you order the City Manager the -- since 1990, to send it to
me, via Express Mail. I have never, never received it. And let me tell you, the new City Manager has said
honesty, integrity, transparency and accountability.
Vice Chairman Plummer: Thank you, sir.
Mr. Goenaga: And that's part of transparency. Thank you.
Vice Chairman Plummer: Is there anyone else that wishes to speak to any item on the Consent Agenda? At
this time, it is moved by Mr. Gort. Seconded by Mr. Regalado. All in favor say "aye."
Commissioner Teele: Mr. Chairman?
Vice Chairman Plummer: I'm sorry. Mr. Teele.
October 27, 1998
Commissioner Teele: I don't see any reason why we can't leave this agenda right where it is and go on to
some other items and allow Commissioner Sanchez. I know that you always like to rush through this but I
just...
Vice Chairman Plummer: If that's your desire, sir, that will be done. OK.
Commissioner Teele: As a courtesy. As a courtesy.
Vice Chairman Plummer: Are there any vetoes or overrides of the Mayor? I forgot to bring that up first. I
don't think there are any, are there? All right. We're now — oh, did I have -- somebody made a request. All
right. We're now on Item 2. Mr. Regalado, I think this was yours.
Commissioner Regalado: No, it wasn't.
Vice Chairman Plummer: No, it wasn't. All right. Who brought this to the table?
Commissioner Regalado: Wasn't me.
Vice Chairman Plummer: All right. Well, Commissioner Gort brought it to the table and where is
Commissioner Gort? All right. Shall we move it? Anybody got a problem with it?
Commissioner Teele: Mr. Chairman, could we just check to see when Commissioner Sanchez would be
back?
Vice Chairman Plummer: He's walking in the door, sir.
Commissioner Teele: OK.
Vice Chairman Plummer: Commissioner Sanchez, I'll back up.
[AT THIS POINT COMMISSIONER SANCHEZ ENTERED THE COMMISSION CHAMBERS AT
APPROXIMATELY 10:11 A.M.]
Commissioner Sanchez: Yes, sir.
Vice Chairman Plummer: Do you have any items of the Consent Agenda to be pulled?
Commissioner Sanchez: No, sir.
Vice Chairman Plummer: Thank you, sir. All in favor of the Consent Agenda, which was moved by
Regalado and seconded by Teele, say "aye." Opposition?
Mr. Vilarello: With the exception of Item 10.
Vice Chairman Plummer: What?
Mr. Vilarello: With the exception of Item 10.
Vice Chairman Plummer: With the exception of Item 10. OK.
6 October 27, 1998
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
REGALADO AND SECONDED BY COMMISSIONER TEELE, THE
CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING
VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Plummer, Jr.
NAYS: None.
ABSENT: None.
RESOLUTION 98-1053
A RESOLUTION ACCEPTING THE BID OF ZIP MAILER, INC., FOR THE
PROVISION OF MAILING SERVICES, 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 FINANCE, AT A TOTAL ANNUAL COST NOT TO
EXCEED $7,364.50; ALLOCATING FUNDS THEREFOR FROM ACCOUNT
CODE NO.260301.6.340.
3.2 ACCEPT BID: MARTIN'S LAMAR UNIFORMS -- FOR SPIEWAK WEATHER TECH EMS'
JACKETS "!-- FOR DEPARTMENT OF FIRE -RESCUE -- AT ANNUAL AMOUNT NOT TO EXCEED
$65 000 -- ALLOCATE FUNDS FROM ACCOUNT CODE NO.001006190601.6.075.
RESOLUTION 98-1054
A RESOLUTION ACCEPTING THE BID OF MARTIN'S LAMAR UNIFORMS
FOR THE PROVISION OF SPIEWAK WEATHER TECH EMS JACKETS, ON
AN AS -NEEDED, WHEN -NEEDED CONTRACT BASIS FOR ONE (1) YEAR,
WITH THE OPTION TO EXTEND FOR AN ADDITIONAL ONE-YEAR
PERIOD, FOR THE DEPARTMENT OF FIRE -RESCUE, AT AN ANNUAL
AMOUNT NOT TO EXCEED $65,000.00; ALLOCATING FUNDS THEREFOR
FROM ACCOUNT CODE NO. 00 1000.280601.6.075.
7 October 27, 1998
3.3 ACCEPT BID: CARIBBEAN PAINT COMPANY, INC. --FOR FIELD 'MARKING PAINT AT
CITY ATHLETIC FIELDS -- FOR PUBLIC' FACILITIES -- AT', ANNUAL COST NOT TO EXCEED'
$15 527.5 -- ALLOCATE FUNDS FROM ACCOUNT CODE NO. 404000.350503.6.712.
COMMENTS CONCERNING QUALITY OF PAINT USED AT ORANGE BOWL.
RESOLUTION 98-1055
A RESOLUTION ACCEPTING THE BID OF CARIBBEAN PAINT
COMPANY, INC., FOR THE PROVISION OF FIELD MARKING PAINT AT
CITY ATHLETIC FIELDS, 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, AT AN ANNUAL COST NOT TO
EXCEED $15,527.50; ALLOCATING FUNDS THEREFOR FROM ACCOUNT
CODE NO.404000.350503.6.712.
RESOLUTION 98-1056
A RESOLUTION APPROVING THE RENTAL OF PAGERS FOR CITYWIDE
USE FROM PAGING NETWORK OF TENNESSEE, INC., UNDER MIAMI-
DADE COUNTY CONTRACT NO. 6042-4/03-OTR-CW, ON AN AS -NEEDED,
WHEN -NEEDED CONTRACT BASIS UNTIL SEPTEMBER 30, 1999, WITH
THE OPTION TO EXTEND FOR FOUR (4) ADDITIONAL ONE-YEAR
PERIODS, AT AN ANNUAL AMOUNT NOT TO EXCEED $45,000.00;
ALLOCATING FUNDS THEREFOR FROM THE BUDGETS OF THE USER
DEPARTMENTS AT TIME OF NEED.
RESOLUTION 98-1057
A RESOLUTION, WITH ATTACHMENT, APPROVING THE
PROCUREMENT OF BUILDING MATERIALS FOR CITYWIDE USE FROM
VARIOUS VENDORS LISTED IN EXHIBIT A, ATTACHED HERETO, AND
AWARDED UNDER MIAMI-DADE COUNTY CONTRACT NO. JV5853-2/02-
CW, ON AN AS -NEEDED, WHEN -NEEDED CONTRACT BASIS UNTIL
MAY 31, 2001, WITH THE OPTION TO EXTEND FOR TWO (2)
ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL AMOUNT NOT TO
EXCEED $130,000.00; ALLOCATING FUNDS THEREFOR FROM THE
VARIOUS USER DEPARTMENTAL BUDGETS AT TIME OF NEED.
October 27, 1998
RESOLUTION 98-1058
A RESOLUTION AUTHORIZING THE FUNDING OF A NON -VIOLENCE
PROJECT, IN AN AMOUNT NOT TO EXCEED $75,000; ALLOCATING
FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND,
PROJECT NOS. 690001, 690002, AND 690003, SUCH EXPENDITURE
HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING
WITH THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO
EQUITABLE SHARING," AND FLORIDA STATE STATUTE 932.7055, AS
AMENDED.
3.7 AUTHORIZE FUNDING OF PLAY PRODUCED IN CONJUNCTION WITH COCONUT GROVE
PLAYHOUSE, IN AN AMOUNT NOT TO EXCEED $100,000 -- ALLOCATE FUNDS FROM THE
LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 690001 690002, AND 690003.
RESOLUTION 98-1059
A RESOLUTION AUTHORIZING THE FUNDING OF A PLAY PRODUCED
IN CONJUNCTION WITH THE COCONUT GROVE PLAYHOUSE, IN AN
AMOUNT NOT TO EXCEED $100,000.00; ALLOCATING FUNDS
THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT
NOS. 690001, 690002, AND 690003, SUCH EXPENDITURE HAVING BEEN
APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S.
DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE
SHARING," AND FLORIDA STATE STATUTE 932.7055, AS AMENDED.
3.8 AUTHORIZE FUNDING OF `DO THE RIGHT THING PROGRAM -- IN AMOUNT NOT TO
EXCEED $165,500 - ALLOCATE FUNDS FROM LAW' ENFORCEMENT TRUST FUND, PROJECT
NUMBERS 690001, 690002, AND 690003.
RESOLUTION 98-1060
A RESOLUTION AUTHORIZING FUNDING OF THE "DO THE RIGHT
THING" PROGRAM, IN AN AMOUNT NOT TO EXCEED $165,500.00;
ALLOCATING FUNDS THEREFOR, FROM THE LAW ENFORCEMENT
TRUST FUND, PROJECT NUMBERS 690001, 690002, AND 690003, SUCH
EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE
AS COMPLYING WITH FLORIDA STATUTE, SECTION 932.7055, AS
AMENDED, AND THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE
TO EQUITABLE SHARING."
9 October 27, 1998
RESOLUTION 98-1061
A RESOLUTION AUTHORIZING FUNDING FOR NEAT STUFF, INC., A
PROGRAM WHICH PROVIDES CLOTHING TO CHILDREN, IN AN
AMOUNT NOT TO EXCEED $25,000.00; 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 FLORIDA STATUTE
932.7055, AS AMENDED, AND THE U.S. DEPARTMENT OF THE
TREASURY'S "GUIDE TO EQUITABLE SHARING."
RESOLUTION 98-1062
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A
REQUEST FOR PROPOSALS (RFP), FOR THE PROVISION OF PRE-
EMPLOYMENT PSYCHOLOGICAL SCREENING AND PSYCHOLOGICAL
SERVICES FOR DEPARTMENT OF POLICE EMPLOYEES; FURTHER
AUTHORIZING THE CITY MANAGER TO EVALUATE SAID PROPOSALS
AND PRESENT THEM TO THE CITY COMMISSION, IN RANK ORDER,
FOR ITS REVIEW AND CONSIDERATION.
Vice Chairman Plummer: We're now on Item 2, which I'm told is Commissioner Gort and he's not here.
We'll come back to it.
[NOTE FOR THE RECORD: Item 2 was tabled]
Vice Chairman Plummer: Item 3 has been pulled by Commissioner Teele. Item 4, this is yours, Mr.
Regalado.
Commissioner Regalado: Yes, sir.
Commissioner Teele: Mr. Chairman, I would ask that...
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: I would ask that the management announce, before we leave...
Vice Chairman Plummer: I'm sorry, sir.
Commissioner Teele: I would ask that the management announce, before we leave, when the public hearing
and the workshop will be held for the benefit of the labor unions relating to Item Number 2, which is being
deferred, with the request that there be a second workshop.
10 October 27, 1998
Vice Chairman Plummer: Item 3.
Commissioner Teele: Item 3.
Vice Chairman Plummer: Do you wish to announce the dates and the times?
Mr. Warshaw: Before we leave.
Vice Chairman Plummer: That will be fine, sir. Commissioner Regalado on Item 4.
S. SECOND READINGORDINANCE: AMEND CHAPTER 2/ARTICLE XI' OF CODE ENTITLED:
"ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS, TO ESTABLISH THE
CULTURAL AI D FINE ARTS BOARD '- COMMENTS FROM COMMISSIONER REGALADO'
REQUESTING COST OF ADMINISTERING AND ESTABLISHING SAID BOARD.
Commissioner Regalado: OK. On Item 4, it's the creation of the Cultural Board. Last meeting we had a
little bit of a difference between the administration and myself in terms of the costs of that board. I frankly
don't know, as of now, where we stand, but I think that I would ask the Commission to approve this
ordinance and then talk to the administration. As a matter of fact, I would like to answer to those who have
questions about the funds within the administration, that this board will have the support of many private
groups. Alejandro Aguirre, who is the Chairman of "Diario de Las Americas", who also was the Chairman
of the Cultural Affairs Board of Dade County, is very interested in helping this board. I don't know to what
extent but I would move this and ask the members of the Commission to approve this, subject to the
administration coming with a real picture of how much this is going to cost. I still don't know how much but
Mr. Manager, we can put it on hold.
Commissioner Teele: Second the motion.
Vice Chairman Plummer: OK. Any further discussion? Read the ordinance. Motion understood? Call the
roll.
The Commission (Collectively): Aye.
Vice Chairman Plummer: Passes unanimously.
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 2/ARTICLE XI OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS, TO ESTABLISH THE CULTURAL AND FINE
ARTS BOARD; SET FORTH SAID BOARD'S PURPOSE, POWERS,
AND DUTIES; PROVIDE FOR TERMS OF OFFICE, OFFICERS,
MEETINGS; QUORUMS, REQUIREMENTS FOR MEMBERSHIP,
ATTENDANCE, AND FILLING OF VACANCIES AND TO
PROVIDE FOR THE "SUNSET" REVIEW OF SAID BOARD EVERY
FOUR YEARS; MORE PARTICULARLY BY ADDING NEW
DIVISION 9, CONSISTING OF SECTION 2-1140 THROUGH 2-1143,
AND AMENDING SECTION 2-892 OF SAID CODE; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
11 October 27, 1998
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
Teele, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11716.
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.
6. COMMENDATIONSREVEREND' WILLIE LEONARD: RECOGNITION OF PAST SUPPORT TO
POLICE DEPARTMENT. DIRECT CITY MANAGER TO SCHEDULE FOR NEXT COMMISSION'
MEETING PROCLAMATION FOR MACEDONIA BAPTIST` CHURCH TO COMMMEMORATE
MACEDONIA'S i103RD ANNIVERSARY.
Vice Chairman Plummer: Will Pastor Leonard-- I finally got all five of them together at one time. Would
you come forward, please? This way. Teele, you want to do it?
Commissioner Teele: Thank you very much, Mr. Vice Chairman. And I want to, first of all, recognize that
you're giving me a great honor to do this. This is a matter that relates to your district and I know that you
know my close relationship and respect for Reverend Leonard and the Association. I would also request,
jointly, on behalf of the entire Commission, that a proclamation and commendation be prepared relating to
Macedonia Baptist Church and, further, that the City staff provide a full documentation of the history of the
church and that history be embodied in a resolution in the next Commission meeting. I'm glad Reverend
White is here and I'm -- I need to be looking, I guess, for Reverend Ross. But Macedonia Baptist Church is
one... celebrated their one hundred and third year of existence. There has been some warm discussion as to
what is the oldest church in Miami and I don't -- I certainly want to be supportive of my district, Greater
Bethel and churches there, but I also know that Macedonia has some legitimate claims and I would like to
request, through the Manager, that the staff prepare an appropriate proclamation for the next Commission
meeting relating to Macedonia's one hundred third anniversary. This commendation is directly related to
Macedonia and all of the churches in the Grove, and this commendation is, "Whereas, on August 23, 1998,
the Reverend Willie Leonard completed his third year term as the President of the West Grove Ministerial
Alliance, where he has worked tirelessly to improve the relations between the City of Miami Police
Department and the residents of West Grove; and whereas: on numerous occasions Reverend Leonard and
the Alliance took to the streets to calm residents and dispel concerns, often smoothing over potentially
volatile situations; and Whereas: through the efforts of Reverend Leonard and the West Grove Ministerial
Alliance, Coconut Grove has remained in a peaceful place for the residents and visitors and the Miami
Police Department; Now, Therefore: on behalf of Mayor Joe Carollo, Mayor Carollo does hereby proclaim
and commend Reverend Willie Leonard for his many contributions to the City of Miami." This was done in
the Office of the Mayor today and signed and executed by Mayor Carollo, and I know that the other four
members of the Commission would like to join the Mayor in affixing their signature to this commendation.
Let's give Reverend Leonard and West Grove -- Coconut Grove Alliance a hand. Can we, can we just get
the pastors that are here from West Grove, that are members of the alliance to stand for a minute, and the
members of the West Grove Alliance to, please stand. The Reverend Dan...
Vice Chairman Plummer: Why don't you come up here and stand and face out and we'll get picture of all of
you involved.
12 October 27, 1998
Ms. Frankie Rolle: I want to make an observation, please.
Vice Chairman Plummer: Oh -oh.
Ms. Frankie Rolle: There's some people in here, when you say West Grove, they don't know what you
talking about. And I don't know how that name became official because I've been here more than 50 years
and it's always been Coconut Grove and now they come with this Village of the West Grove. I can't hardly
take that. Because it's Coconut Grove. Now, how many of you all know about a West Grove? How many
of you know about Coconut Grove? Everybody know about Coconut Grove. It's not an East Grove and a
Village of the North Grove and a Village of the West Grove. It's Coconut Grove. Thank you.
Commissioner Teele: We will ask that the-- thank you, Ms. Rolle, for that clarification. It's important that
our history be recorded properly and not based upon what somebody wants it to be. We'll ask that the
Manager -- that the Mayor's office take under advisement your comments and reissue the proclamation in
the appropriate and proper name of the alliance, is that correct, Commissioner Plummer?
Vice Chairman Plummer: That is fine, sir.
Commissioner Teele: OK. With the Chairman's direction.
Vice Chairman Plummer: So be it.
Commissioner Teele: So be it. Can we get a photo?
Vice Chairman Plummer: Can you get everybody here? Very good.
[NOTE FOR THE RECORD: The City Commission will attend funeral at 1 p.m.]
Vice Chairman Plummer: All right. Again, I wish to make note that I think at least two, if not three, of the
Commissioners have a funeral to attend at one o'clock and we will break promptly at noon, which is our
normal time to break.
7. FIRST READING ORDINANCE AMENDING ARTICLE IV /'CHAPTER 54 OF CODE ENTITLED:
NAMES OF AVENUES CHANGE NAME OF SOUTHWEST I AVENUE 'BETWEEN'
SOUTHWEST 13 STREET AND 15 ROAD TO BRICKEIL WAY.
Vice Chairman Plummer: Commissioner Gort, Item 2 is yours.
Commissioner Gort: This was a request that we received from the development that's taking place in the
Brickell area and I think Public Works can address that.
Mr. Jim Kay (Director, Public Works): The property just on the west side of Southwest 1st Avenue, in the
vicinity of the proposed name change, is being platted Brickell West and the applicant and owner of the
property has requested that this be renamed from Southwest 13th Street to 15th Road as Brickell Way.
Vice Chairman Plummer: Is there a motion?
Commissioner Gort: Move it.
Vice Chairman Plummer: Moved by Gort. Seconded by Teele. Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD]
Vice Chairman Plummer: Motion understood? Call the roll.
13 October 27, 1998
An Ordinance Entitled -
AN ORDINANCE AMENDING ARTICLE IV, CHAPTER 54, OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING
SECTION 54-124 ENTITLED: "NAMES OF AVENUES," BY CHANGING
THE NAME OF SOUTHWEST 1 AVENUE BETWEEN SOUTHWEST 13
STREET AND SOUTHWEST 15 ROAD TO BRICKELL WAY; DIRECTING
THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO
THE HEREIN DESIGNATED AGENCIES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Gort, seconded by Commissioner Teele, and was passed in first
reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Vice Chairman Plummer: Item 4 has been taken care of. We're now on Item 5. This is the right of certain
persons to reject membership in the Sanitation GESE (General Employees Sanitation Employees) Trust.
The City Attorney will participate. Mr. City Manager.
Mr. Warshaw: This is a second reading, Commissioner. The City Attorney's package to put him into an
independent stand alone.
Vice Chairman Plummer: Mr. Teele, you moved it before. Mr. Regalado you seconded it.
Commissioner Regalado: Yes.
Vice Chairman Plummer: All right. Read the ordinance.
Commissioner Sanchez: Wait, wait. I want something on the record.
Vice Chairman Plummer: Excuse me. I'm sorry.
Commissioner Sanchez: Mr. Vice Chairman, I want something on the record on that. The only reason why
I'm supporting this ordinance is because it's under the contract that was given to him, so that's why I will be
14 October 27, 1998
supporting it. It is a contract with a 20 percent towards his retirement and that's the only reason why I'm
voting for it.
Vice Chairman Plummer: So noted. Mr. City Attorney, read the ordinance. Motion understood? Call the
roll.
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 TO THE 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 EMPLOYEE SHALL BE AT A RATE OF TWENTY
PERCENT (20%) OF THE CITY ATTORNEY' S ANNUAL BASE
SALARY; AND (3) THE HEREIN DESIGNATED EMPLOYEE
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.
Passed on its first reading, by title, at the meeting of October 13, 1998, was taken up for its second and
final reading, by title, and adopted. On motion of Commissioner Teele, 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. 11717.
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.
15 October 27, 1998
Vice Chairman Plummer: Item 6. The same for the City-- Assistant City Managers. Any questions? Any
discussion? Hearing none, read the -- I'm sorry. Mr. Gort.
Commissioner Gort: I wouldn't have any problem if the contribution from the City be the same as the other
one, eight percent. Twelve percent, I have a problem.
Vice Chairman Plummer: All right. Mr. City Manager, it's recommended by Commissioner Gort, that it go
to eight percent.
Commissioner Gort: The normal contribution.
Vice Chairman Plummer: The normal contribution.
Mr. Warshaw: I have no problem with that.
Vice Chairman Plummer: You have no problem. Modified and read the ordinance. Wait a minute. I'm
sorry. Moved by Gort. Seconded by Sanchez.
Commissioner Sanchez: Second.
Vice Chairman Plummer: Read the ordinance with the modification. Motion understood? Call the roll.
16 October 27, 1998
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 TO THE
CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST ("GESE TRUST"); PROVIDING
THAT: (1) ASSISTANT CITY MANAGERS AND ASSISTANTS TO THE
CITY MANAGER 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 EIGHT
PERCENT (8%) 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 Gort, seconded by Commissioner Sanchez, and was passed in first
reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Vice Chairman Plummer: Mr. Manager, for the third and final time, I would ask that we have those in
authority to go out and ask the people no private meetings in the hall, to you give courtesy to the speakers
who are here and while you're doing that, I want to commend you, Mr. Manager, the agendas are now being
published on Cable 9 so that the people of this community have the opportunity to tune in Cable 9 and see
the agendas of what's actually on the agenda. Mr. Manager, my only recommendation to you, sir, is that it
be on every day at a certain time once it goes, so people will know that they can see.
Vice Chairman Plummer: The other item is -- now, I'll give you hell. I asked that the matter be put on
Cable 9 asking the people of this city their opinion of TCI Cable. Since we are negotiating with them, I
think it is only right that we hear from the citizens of this city what they feel about TCI and the possible
renewal.
Commissioner Regalado: If I can say something?
17 October 27, 1998
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: The way that it was -- it was done several days ago, but the way that it was done,
it was very confusing. Because it just said, call your Commissioners. Call your district Commissioner. And
I sent the Manager a memo.
Vice Chairman Plummer: Should be in writing.
Commissioner Regalado: In writing, saying what I think it should be said and, you know, with the names of
the different Commissioners and the areas. For instance, Commissioner Gort, Allapattah and Flagami, West
Little Havana and Commissioner Sanchez, Road, and so forth, and the telephone number. I don't know if
this has been done already.
Mr. Warshaw: We're in the process of changing it right now, Commissioner.
Vice Chairman Plummer: OK.
Commissioner Regalado: Now that you mentioned Channel 9, I think that we're going to have to use
Channel 9 as a way to communicate something to the people. Mr. Manager, when you were not in that
chair, there was the issue of the inspection by the Fire Department and additions and double garbage fee and
double fire fee and our offices -- I'm sure that all the Commissioners and the administration-- did a lot of
inspections after some residents complained that they did not have an additional unit. Many errors were
corrected but yesterday, the day before yesterday, people started getting in the mail their tax bills and the
corrections were not reflected in the tax bill. Now, we spoke to the County and to your Finance Department
and what happened was that the company that was hired by the Fire Department gave the County the old
information. They did not include the corrections made. So, there's a lot of people who are getting the bills
now, who were told by the City that their problem was corrected. Now, that company gave wrong
information to the County. I was told that by an Assistant County Manager yesterday. And there's nothing
they can do about it because they got wrong information from the company and I don't know what we're
going to do about it but, certainly, I think that many of the cases that we tried to resolve, people are thinking
that we did not do anything and that we just...
Vice Chairman Plummer: We'll ask the Manager to report back this afternoon, what he feels he can do
about it.
Vice Chairman Plummer: Item Number 7, Revenue Fund.
Commissioner Sanchez: Move.
Vice Chairman Plummer: Moved by Sanchez.
Commissioner Regalado: Second.
Vice Chairman Plummer: Seconded by Regalado. Anyone wishing to speak on channel -- channel.
Agenda Item 7? Read the ordinance. Motion understood? Call the roll. Mr. Gort. I'm sorry.
Commissioner Gort: Discussion on motion. Chief -- excuse me. Mr. Manager, we established four
programs, pilot programs, about four years ago where we utilized our parks and we made a joint venture
with the school system but some of those kids, when they go home, they don't have anybody to help them
with their homework. When our parks and the school system worked together and the -- we got the results,
the grades have been improved quite a bit in those school where those programs were set up. There's
18 October 27, 1998
Comstock, Gibson --
Mr. Alberto Ruder: Clemente and Range.
Commissioner Gort: Clemente and Range. And we have proved that. So, if it's possible, Chief, I would
like to see this program -- the Park Department have done a great job with the school system. See if we can
expand that to the other schools because we have been able to really improve the grades of these kids.
Thank you.
Vice Chairman Plummer: Let me also tell you that the Boy's Club on Dixie Highway have now installed a
computer teaching classroom and they're looking for kids.
Commissioner Sanchez: Mr. Vice Chair.
Vice Chairman Plummer: I mean, they are, without a doubt. Mr. Sanchez.
Commissioner Sanchez: I would like to take that a step further, what Commissioner Gort has requested.
Just for my information, as well as the other Commissioners, I would like to be provided a copy of all the
projects pertaining to youth in our community, also with the amount of grants, whether they be grant or not,
so we be informed of what these projects are doing. You know, I want to make sure that the money that's
being given to us by either State or whatever grants they're appropriated from, I want to make sure that
they're being used in a positive manner. That's -- you know, let's have accountability because, yeah, we all
want to have children in parks and we want to get them out of the streets and stuff but we have to make sure
that these projects that we have established here, in the City, are working and are respectable projects.
Vice Chairman Plummer: Motion 7 understood. Call the roll.
An Ordinance Entitled -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "MIAMI LOVE YOUTH AT RISK PROJECT" AND
APPROPRIATING FUNDS FOR SAID PROJECT IN THE AMOUNT OF
$313,900, CONSISTING OF A 1998 LEGISLATIVE LINE ITEM GRANT TO
BE ADMINISTERED BY THE FLORIDA DEPARTMENT OF JUVENILE
JUSTICE; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID
GRANT AWARD AND EXECUTE THE NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT
ACCEPTANCE OF SAID GRANT.
was introduced by Commissioner Sanchez, seconded by Commissioner Regalado, and was passed in first
reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
19 October 27, 1998
Vice Chairman Plummer: Mr. Manager, before we take up Item 8, I'm going to want a report before noon
on what is being done at Pier I on Bayside, as to the boat. We were supposed to have a report back today.
So, before we disperse today, I'd like to have that item.
Vice Chairman Plummer: Number 8.
Commissioner Sanchez: Move.
Vice Chairman Plummer: Moved by Sanchez.
Commissioner Gort: Second.
Vice Chairman Plummer: Seconded by Gort. Anybody wishing to discuss it? Call-- read the ordinance.
Mr. Vilarello: It's an emergency-- it's a resolution.
Vice Chairman Plummer: I'm sorry, it's a resolution. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed? Show unanimous ballot.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1063
A RESOLUTION BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, WAIVING THE REQUIREMENTS
FOR COMPETITIVE BIDDING PROCEDURES FOR THE ACQUISITION OF
PAINT AND PAINT SUPPLIES FROM REX TONE, INC., IN AN AMOUNT NOT
TO EXCEED $7,993.30, IN ORDER TO COMPLY WITH THE CITYWIDE
BEAUTIFICATION PROJECT AND COMPLETE THE CITY OF MIAMI'S
CITYWIDE RESIDENTIAL PAINT PROGRAM, ADMINISTERED BY THE
NEIGHBORHOOD ENHANCEMENT TEAMS; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO. 452249.670799.209; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR SAID ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
20 October 27, 1998
14. ACCEPT PROPOSAL OF APPRAISAL AND REAL ESTATE ECONOMICS ASSOCIATES, INC
("AREEA") --FOR PROFESSIONAL CONSULTANT AND APPRAISAL SERVICES ENSURING
COMMERCIAL REAL PROPERTY SITUATED IN CITY IS BEING ASSESSED AT "JUST VALUE -
-, IN AN AMOUNT NOT TO EXCEED $75,000 -- ALLOCATE $75,000 FROM ACCOUNT NO.
921002-270.
Vice Chairman Plummer: I don't have an Item 9. Oh, it's withdrawn. OK. That's why I don't have it. Item
10, the appraisals of Real Estate Economics Associates. Moved by Gort. Seconded by Regalado. Anybody
wishing to speak on Item 10? Show -- all in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show unanimous ballot.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-1064
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 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.
21 October 27, 1998
Vice Chairman Plummer: Item 11.
Commissioner Regalado: Mr. Vice Chairman?
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: I'd like to ask the City Attorney...
Vice Chairman Plummer: Mr. City Attorney.
Commissioner Regalado: You have recommended a settlement on theMarquez case.
Mr. Vilarello: Yes, sir.
Commissioner Regalado: Could you guarantee to us that, if we go to court, we're going to lose this case?
Mr. Vilarello: Obviously, I can't guarantee anything. I have raised adequate defenses in response to the
complaint. However, my recommendation is based on what I believe to be the strength of Mr. Marquez'
case and recommend a settlement of this case.
Commissioner Regalado: There are attorneys that would tell you that you don't know what's going to
happen in court and the jury on a case, so I don't know what the rest of the Commission wants to do. I, for
one, would like to go to court on this case because I think that an investment on this case -- because I
understand that Mr. Marquez cannot perform the work that it was requested that you ask him.
Mr. Vilarello: Commissioner, if I can -- at the last Commission meeting, the City Commission asked me to
inquire of Mr. Marquez, if he'd be willing to come back in some kind of consulting role as a budget analyst
for the City Commission. I discussed the issue with Mr. Marquez and his attorney and he advised me that
the conditions of his current agreement -- his current work would prohibit him from doing that and,
therefore, although he was interested in it, he respectfully declined and that's why I've asked that it be
brought back before you at this next meeting.
Commissioner Regalado: OK.
Vice Chairman Plummer: Mr. Sanchez.
Commissioner Regalado: I really appreciate that and -- we all appreciate the work that Mr. Marquez did.
But I think -- it's my opinion that-- at least I will not vote for the settlement.
Vice Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: You know, like Commissioner Gort said last Commission meeting, this is
something that we have inherited coming in here but I'll tell you this, we cannot continue to have this gray
cloud over us. I'm willing to take your advice, Mr. Attorney, on this matter and see if -- because I'm
concerned, if we continue to take it back to court, we don't know what the court system is going to do. We
don't know if we're going to be spending more money. So, if you recommend now that we should pay it,
you know, let's get -- we have to start getting rid of some of these things. Let's start-- my thing is, let's start
building bridges into the future. Let's cut the past. The quicker we get away from the past, the better it's
22 October 27, 1998
going to be for this city. If you recommend that we pay for it, let's go on and pay for it. Do away with it.
Get rid of this resolution. . Get rid of Mr. Marquez and let's just go ahead and do it. I mean, I'm willing to
make a motion to pay him the money and just get away from this. Because we've -- every meeting that
we've been here, we bring up the same item. Resolution, resolution, resolution. Let's just go ahead and get
rid of it. Let's pay him the money and do away with it. Because I'm concerned. If we go to court, we may
have to pay what? More money. How many times has it gone to court?
Mr. Vilarello: It's one lawsuit. At this time, the lawsuit is...
Commissioner Teele: Mr. Chairman?
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: I'm taking under the advisement of what Commissioner Sanchez has said. He's been
very consistent in trying to save this city money and I commend him. But, I mean, there are some equity
issues here that need to be dealt with. Number one, you know, we have given all of the City Managers
contracts. I objected to Mr. -- he was just here.
Commissioner Regalado: Pedrosa.
Commissioner Teele: What's his name? Mr. Pedrosa's contract. I think everybody here knows I objected to
it and we have this issue relating to Mr. Pedrosa, in which his contract, apparently, was never approved by
the Oversight Board. And so, you know, somewhere out there we have this potential issue as to whether or
not we have an obligation to Mr. Pedrosa. And I think whatever we're going to do, we need to be consistent.
I think consistency is something that we need to start doing. It's easy to start talking about"I want to solve
problems" but I think we need to have some consistency. Second of all, we have had several minorities that
have contracts that predate this by three years. Still in the system. Mr. Kearson is one. That is a matter that
has been on this agenda at least twice. We've been approving legal fees for Mr. Kearson. I also understand
that, as it relates to Chief Clarence Dixon -- not Dixon but Chief Perry Anderson, we wound up spending
something like -- how much money in legal fees?
Mr. Vilarello: A significant amount. I can't recall.
Commissioner Teele: Well, let's quantify that right now. Let's get the Budget Office and let's put on the
table what we're talking about.
Mr. Vilarello: Commissioner.
Commissioner Teele: I'm not going to be — no. I'm not going to be swept under the rug today, so I'm going
to serve notice on you and the Manager.
Vice Chairman Plummer: OK.
Commissioner Teele: I'm not going to do that.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Now, hold on -- no, Commissioner Plummer. I have the right to get an answer to a
question.
Vice Chairman Plummer: That's what I was going to say, sir, that you have that right.
Commissioner Teele: Well, while we're getting that answer, I will continue to hold the floor until I
relinquish it. And further...
Vice Chairman Plummer: All right. That will be fine, if he can get the answer for you in that brief period of
time.
Commissioner Teele: It's my understanding that we paid out about six hundred to seven hundred thousand
dollars in legal feels suing Perry Anderson and, then, we're going to pay out another three hundred thousand
dollars ($300,000) in Mr. Anderson's legal fees but you can get time and make the record clear. We have
23 October 27, 1998
the matter relating to Mr. Kearson that is continuing to languish and, for some reason, Mr. Manager, the
public hearing on that matter was being aired...
Vice Chairman Plummer: We're on Item 11.
Commissioner Teele: The matter of Mr. Kearson was being aired on television and it became very, very it
heated and the next day, when the hearing continued, the airing never completed and I would respectfully
request that that hearing be aired in full, and that that be published so that everybody can see exactly what's
going on here, in this City. Now, I will not support a -- and, finally, we just approved a contract for Chief
Warshaw in which we've agreed to pay Chief Warshaw -- how much money have we agreed to pay him if
he is terminated before?
Commissioner Sanchez: One year.
Mr. Vilarello: One year over the first two years and then it reduces to six months.
Commissioner Teele: And that is essentially -- approximately, how much money, two hundred thousand
dollars ($200,000)?
Mr. Vilarello: I believe its based on salary, which is approximately a hundred and forty thousand dollars
($140,000).
Commissioner Teele: So, a hundred and forty thousand dollars ($140,000) of Chief Warshaw. And I would
ask you to take under advisement the various petition initiatives that are circulating, that could directly
impact that contract. So, we need to look at all of these settlements at one time. What is the total amount of
this settlement? Is it 311?
Mr. Vilarello: Yes, sir.
Commissioner Teele: And does that include all of our legal fees?
Mr. Vilarello: We're currently handling the matter imhouse, so there is no attorney's fees on our side.
Commissioner Teele: The last time this matter came up, we asked the management to determine whether or
not there was any activities that Mr. Marquez could perform for the City. Mr. Marquez is one of the most
brilliant financial directors I've ever had the pleasure of working with. I worked with him for five years.
And it seems to me that, while I think we have one of the best finance directors that money can buy-- and I
commend you, Mr. Manager, in identifying and bringing her to our city from where she was, but there
seems to be some things that we still have to work on. Has the management worked with the City Attorney's
Office to determine if there are any activities -- I mean, I would be willing to pay Mr. Marquez the 311 and
maybe another hundred thousand dollars ($100,000) if he were providing us with some two hundred
thousand dollars ($200,000) or so of work.
Mr. Vilarello: Commissioner, I did discuss that issue with Mr. Marquez. The conditions of his
employment, that his current employer doesn't allow that. We can retain the consulting firm that he works
for but that would not be a direct contract with Mr. Marquez. It would be with the firm.
Commissioner Teele: But Mr. Marquez is a reasonable man and if we retain that firm, I'm sure, as a
reasonable man, he Would offer some offset and savings to the taxpayers of the City of Miami. Have we
selected a financial advisor for the City?
Commissioner Gort: Nope.
Commissioner Teele: Aren't we normally -- Commissioner Gort, I'll yield to you. You're an expert in this.
But the last time I checked, the County has three financial advisors, three separate financial advisors, and the
annual retainer is well in excess of a hundred and fifty -- two hundred thousand dollars ($200,000) a year,
recognizing that FAs (Financial Advisors) are paid by both as a fee, on an hourly basis, and also out of
bonds. I would assume that the City of Miami will not be issuing a lot of bonds in the next year or two, but
certainly we have a lot of analysis and a lot of hourly work to be made. Was there any-- Mr. Attorney, was
there any discussion with Mr. Marquez as to whether or not his firm would be available and he could
24 October 27, 1998
provide a substantial offset if the firm were to be considered as a part of a settlement?
Mr. Vilarello: I did not discuss that with him. However, I understand that we're going through an RFP
(Request For Proposal) process now for our financial advisor and I assume his firm would be able to
participate in that.
Commissioner Teele: Yeah, but I would also take note that this is a lawsuit, is it not?
Mr. Vilarello: Yes, sir.
Commissioner Teele: And, as a matter of judicial approval, you don't necessarily have to take it through an
RFP if it is a part of a settlement?
Mr. Vilarello: Commissioner, I did discuss this with Mr. Marquez. I discussed it with him and his attorney.
His attorney is here, if she wishes to address that issue. Mr. Marquez respectfully declined my overtures.
Commissioner Teele: I yield to Mr. Gort until I get the information back that I've asked for regarding the
amount of monies that we've paid out.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: Commissioner, my understanding is, Marquez has a contact, and correct me if I'm
wrong, but I think it's with First Boston. I think First Boston-- and he has a contract with them and I guess
he's obligated to the contract. But my suggestion is that we get in touch with First Boston or the company
that hired him and they might be able to work out a solution. Because I agree with you, I think we can
utilize his services. He's very knowledgeable in this field. He's a genius in this. He did the County's bonds
for many, many years. So, I think, if maybe we can talk to the firm, the firm might release him and be able
to work out something.
Vice Chairman Plummer: I have one question. What have we got to lose by going to court?
Mr. Vilarello: Well, generally speaking, Commissioner, in litigation, I'd rather have either the law or the
equity on my side. Unfortunately, in this case, both the equity and the law appear to be against the City. I
have raised all the necessary defenses with the change in government, which would protect the City in the
event that we go forward in the litigation. However, I strongly recommend that you consider this settlement.
And let me...
Vice Chairman Plummer: Now, answer my question. Is he suing for four hundred thousand, five hundred
thousand, six hundred thousand or what the contract calls for?
Mr. Vilarello: He's simply suing for what the contract calls for.
Vice Chairman Plummer: And how much is that?
Mr. Vilarello: I don't have the specific number. It is in excess of...
Vice Chairman Plummer: Is it more than the three hundred and eleven?
Mr. Vilarello: Yes, sir.
Vice Chairman Plummer: How much more?
Mr. Vilarello: Ms. Trench is here, his attorney. I don't know if she can quantify the additional amount.
Ms. Susan Trench: If I may?
Vice Chairman Plummer: If you may, for sure, if you'll state your name and mailing address, please.
Ms. Trench: Susan Trench of the Law firm of Goldstein and Tanen. My mailing address is 7335 Southwest
25 October 27, 1998
105 Terrace.
Vice Chairman Plummer: We strongly invite you to open an office in the City of Miami
Ms. Trench: Well, my office is in the City of Miami. It's in downtown Miami, in One Biscayne Tower. Mr.
Marquez really wanted to be here today to address your concerns. He had to be out of town. I would like to
address them. You asked Commissioner Plummer, what would be the difference between settling now and
going to court?
Vice Chairman Plummer: Correct.
Ms. Trench: Well, I can tell you what the difference would be. Right now the amount that we are agreeing
to settle with is discounted by about thirty thousand dollars ($30,000), plus it involves a pay out over time
whereas, if we get a judgment, you'd have to pay it off right away. Interest accrues on this amount at the
amount of eighty-four dollars and sixty-three cents ($84.63) a day. So, between the time that Alex and I
even attempted to negotiate this settlement and today, there's another seven thousand dollars ($7,000) on the
ticket, just for interest alone. You go to court, that interest continues to accrue. Second-- another issue is
attorney's fees. Not only -- you may have no attorneys fees here but you will ultimately have to pay my
attorney's fees because there's a specific statute providing, when you have to sue on an agreement like this or
for wages and you lose -- and I can tell you, I've looked at this case 12 ways, come Sunday. Your own City
Attorney, previous to Mr. Vilarello, validated that this was a valid contract that the City was going to have to
live up to. We're going to prevail, ultimately. You're going to have to pay my fee. Since we negotiated this
until now, that fee has gone up fifteen hundred dollars ($1500). If we go to court...
Vice Chairman Plummer: How much? How much is your legal fees?
Ms. Trench: My legal fee to date has been nine thousand three hundred and thirty dollars ($9,330) because
this has dragged on for a year. We have been trying to resolve this for a year. That is only going to increase
if we go to court. So, what you are looking at, as Commissioners, is a"penny-wise pound-foolish" situation.
Vice Chairman Plummer: Thank you, ma'am. Thank you. Mr. City Attorney.
Commissioner Regalado: But she's saying for a year...
Vice Chairman Plummer: Wait, wait, wait. Hold on, hold on.
Commissioner Regalado: Excuse me.
Vice Chairman Plummer: Mr. City Attorney, do you have an answer for Commissioner Teele?
Mr. Vilarello: Yes. I want to discuss both the Kearson and Anderson case. Neither of those two cases
involved employment contracts. Chief Anderson's case we resolved at last Commission meeting. In that
case we spent -- the City spent on its attorneys fees in excess of seven hundred thousand dollars ($700,000).
The settlement provided for a structured settlement that totaled three hundred and thirty thousand dollars
($330,000), but that again was not an employment contract matter and that was resolved at the last
Commission meeting. The matter of Mr. Kearson, also, is not an employment contract matter and, as late as
last Friday, we spent an entire day in mediation on that case and I, personally, attended to that mediation at
the direction of this City Commission. And, at this point, we have not reached a conclusion to that but,
hopefully, we may be able to reach a conclusion on that matter.
Vice Chairman Plummer: You're a lot closer than you were the day before and I think you got a shot.
Commissioner Sanchez: Mr. Vice Chair, my motion stands.
Vice Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: My motion stands.
Vice Chairman Plummer: Is there a second?
26 October 27, 1998
Commissioner Gort: I'll second the motion but I, also, would like to have the administration send a letter to
the firm that Mr. Marquez works for and ask him to try to participate and see what we can do. I think that
they're very honorable, respectable firm and I think it would be very good PR (Public Relations) on their
side.
Vice Chairman Plummer: Any further discussion?
Commissioner Regalado: Yes. I have a question for the City Attorney.
Vice Chairman Plummer: All right.
Commissioner Regalado: The City Attorney said that this was a contract that was approved by the
Commission. The attorney for Mr. Marquez says that we have been trying to resolve this for a year. My
records show that we were informed several months ago. We didn't know about the will of Mr. Marquez to
settle. I don't know -- when do you -- the City Attorney informed us?
Mr. Vilarello: I believe Miss Trench is discussing from the point that the employment action took place, as
separation from the City, is how long they've been attempting to resolve it. We have-- the litigation -- I
don't recall, exactly, when the lawsuit was filed. It was filed some time early in the summer, what I believe,
and we responded and, of course, at the direction of this City Commission, you directed me to try to resolve
this case to the mutual satisfaction of the City and...
Commissioner Regalado: Yeah, but we were not informed a year ago.
Mr. Vilarello: I did not inform you all until some time in early summer, I believe.
Commissioner Regalado: The other question that I have is that she is sure that they're going to prevail
because this was an action taken by the City Commission, a contract that was approved.
Mr. Vilarello: There was no action taken by the City Commission with regard to the... Separation from
service.
Commissioner Regalado: The contract, yes. We did approve...
Mr. Vilarello: ... separation from service.
Commissioner Regalado: No, we did approve the contract. She's talking about the contract.
Mr. Vilarello: Yes.
Commissioner Regalado: My question is, if another City Manager, Mr. Pedrosa, will go to court, even
though his contract was not approved by the Oversight Board, would he prevail in court because it was
approved by the City Commission?
Mr. Vilarello: Because this is a matter that's pending litigation, I would much prefer to discuss that with you
privately and discuss the merits or demerits of his case.
Commissioner Regalado: But you mean Pedrosa is suing the City?
Mr. Vilarello: No, he is not.
Commissioner Teele: Not yet.
Commissioner Regalado: Oh. Then, that's my question. My question is, if he sues, will we settle or would
he prevail like she says he would?
Vice Chairman Plummer: Don't open the door.
27 October 27, 1998
Mr. Vilarello: Commissioner, my recommendation is that I discuss that issue...
Commissioner Teele: The door is already open.
Commissioner Regalado: The door is open, J.L.
Commissioner Teele: The door is already open, J.L.
Commissioner Regalado: The door is open. What do you mean, don't open the door? The City Attorney
has said that they will prevail. I'm just asking, if Jose Garcia -Pedrosa files suit, would he prevail, too?
Mr. Vilarello: Each case is different; however, my recommendation to you, Mr. Commissioner, is that, if
you wish to discuss this matter further, that we should do that in privately and in executive session.
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: I want to understand Commissioner Gort's second and his instructions because I think
his instructions are inconsistent with the motion. The motion is to settle. Now, if there's going to be a letter
sent to somebody, we need to defer this matter and send a letter and see what the response to that letter is
and, then, settle. But I just want to understand, Willie, what you're saying.
Commissioner Gort: Art, I think we're talking with very distinguished individuals in the firm and I believe,
if we postpone this, we're going to be paying continuing interest and we should get that out of the way. I
think the message has been sent and I'm sure they're watching this. And I think the firm can understand that
they can take advantage of this situation, where they can get a lot of very good PR(Public Relations), which
we all need it because in the business, they're very down right now. So, I'm sure the firm that he works for,
he is under contract so he's got to answer according to his contract. But I think his supervisors in the firm, if
he receives a letter from us, will be able to do something. I would not want to delay it.
Commissioner Teele: What would the letter say?
Commissioner Gort: I would state that, first, that the allowance be for the payments; that they allow Ed
Marquez to give some financial advice to the City of Miami. It's not a fulltime job or something like that.
And we can get together with him and see how it can be done.
Commissioner Teele: Well...
Commissioner Gort: This will have to be voluntarily or, at the same time, you came up with a very good
suggestion. If we can make this part of the RFP (Request for Proposal) and the contract, I wouldn't have any
problem with it.
Commissioner Teele: In my judgment, the issue here should not be Mr. Marquez. The issue should be the
best interest of the taxpayers of the City of Miami and whatever we're going to do, we need to make sure
that we all, as a matter of conscious and morals, understand that you have another City Manager right behind
you and whatever this -- majority of this Commission votes, whether you have a legal contract or not, we
need to start dealing with a little bit of our morals as we go down the line and not strictly based upon
whether it's a legal contract or not. If this Commission gave Donald Warshaw a contract and, for some
reason he's not able to serve it out, I, for one, notwithstanding anything else, will say, morally, we owe him.
And if we gave Garcia -Pedrosa a contract and we're not able to finish -- and he wasn't able to finish out, we,
morally, owe him. Now, the question is, what kind of precedence are we establishing when we approve this
contract? My personal view is that, if the City Commission-- if the City Manager and the City Attorney,
with the approval of the Mayor, with the approval of the Mayor, were to get earnest and to get serious with
Mr. Marquez and Mr. Marquez' firm and to negotiate a settlement that includes the firm, with them
providing certain services that Mr. Marquez is uniquely in a better position to provide than anybody in the
United States -- and, ma'am, I know that you're not representing the firms, so I'm really not-- I'm speaking
now on the matters relating to the firm, not Mr. Marquez. I would just simply say that we will save the
taxpayers of this city a lot of money and we may have a different type of precedent. But if we're going to
28 October 27, 1998
pay Mr. Marquez -- was his contract approved by the Oversight Board at that time?
Mr. Vilarello: His contract was not entered into before the Oversight Board was present.
Commissioner Teele: I didn't -- that's not my question. My question is, was his contract approved by the
Oversight Board?
Mayor Carollo: It didn't have to be.
Mr. Vilarello: No. There was no obligation to do so.
Commissioner Teele: There was no obligation to do so. So, it was not approved by the Oversight Board?
Mr. Vilarello: That's correct.
Commissioner Teele: If Mr. Marquez had a contract with this Commission and Mr. Garcia -Pedrosa has a
contract with this Commission and Chief Warshaw has a contract with this Commission, as far as I'm
concerned, we have a moral obligation to treat all of them the same way. And I will not support this contract
until there is a settlement relating to -- until there is either a settlement or a release by Garci&Pedrosa.
Because that's the next step. The next step is, once he sees what happens here, to get in line. I mean,
anybody can figure that out. You don't have to go to law school to figure that out. So, the point is -- the
simple point is, if we are able to fashion a settlement that is unique and different for Mr.Marquez, I would
be very comfortable. But if this is a precedent setting, Commission had a contract, contract wasn't honored,
then we are setting a precedent and I think that's a very dangerous precedent.
Commissioner Gort: When is the next ?
Commissioner Teele: So, I'm voting no on this motion. And if this motion fails, I will make a separate
motion -- a subsequent motion asking the Manager and the Attorney to work to negotiate with Mr. Marquez
and the firm that he's with to see if they can create a creative settlement that saves the citizens money and
provides the necessary financial services and needs that the City has. And we're going to wind up paying on
another contract two or three hundred thousand dollars over the next two years anyway, if we don't do it.
Commissioner Sanchez: What...
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: My understanding, next meeting will be the 17th.
Vice Chairman Plummer: That's correct.
Commissioner Gort: I don't have any problem waiting two weeks and if we can negotiate, I think it will be
very important. I wouldn't have any problem.
Commissioner Sanchez: Mr. Vice Chair.
Ms. Trench: Excuse me, Commissioner. May I address the concerns that have been raised here?
Vice Chairman Plummer: No, ma'am. It's not necessary unless asked by a Commissioner. Mr. Sanchez.
Commissioner Sanchez: How can we be assured that if they go to court, we're not going-- I mean, we're --
the money that they're going to hit us with, we won't have to pay it? I won't be gambling three hundred and
eleven thousand dollars ($311,000). You know, if we -- if it's there now and we pay it, get it over with. If
we go back to court and we do get fined and it's not in our interest -- let's go with the facts. It's a valid
contract. You know, I can't continue to gamble the money that's not mine. It's the City's money. So we sit
back and we say what if and what if, what iV The fact is, it's a legal contract and I think the legal
department is telling us what we need to do to get it over with. I don't want to compare to the other City
Managers. I really don't care about the other contracts but this one here, today, if we take it to court, we
might be gambling the City's taxpayers' money. Three hundred and eleven thousand dollars ($311,000). If
29 October 27, 1998
we go to court and we find that we are at fault, we're going to have to pay more money. So, pay me now or
pay me later.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: Joe, my understanding is, we're not saying let's go to court. We're saying, let's give
two more weeks and see if we can get it even -- the settlement not only with Ed Marquez but with his firm.
Because the only reason he cannot do it, because his firm -- he has the contract with his firm.
Commissioner Sanchez: Mr. Gort.
Ms. Trench: I can answer that question now.
Vice Chairman Plummer: Ma'am, unless a Commissioner ask you a question, it will be discussion among
the Commission.
Ms. Trench: Yes, sir.
Vice Chairman Plummer: Mr. Mayor.
Commissioner Sanchez: Mr. Gort.
Vice Chairman Plummer: You finish, Joe?
Commissioner Sanchez: Yes.
Vice Chairman Plummer: You finished?
Commissioner Sanchez: Yes, I'm done.
Vice Chairman Plummer: Mr. Mayor, you wish to be heard?
Mayor Carollo: Thank you, Mr. Chairman. Good morning. I will ask you a question, ma'am, before I make
some statements because there have been a lot of things that have been said here, some that relate to Mr.
Marquez and some that do not. I do sense a double standard. My question -- this is an answer that you
should have handily since you have been representing Mr. Marquez for some time. Is Mr. Marquez willing
or able to accept any of the conditions that you have heard up here to be negotiated at this point and time?
Ms. Trench: No, Mayor. We have discussed this at length and we discussed it with Mr. Vilarello. He is not
-- he must keep this settlement with the City and any agreement thathe reaches pursuant to his contract with
the City, separate and apart from his present work. He cannot connect the two at this time.
Mayor Carollo: Thank you, ma'am. Gentlemen, the reason I've asked this question is that I think that we've
dealt with this item long enough. The games have to stop. If that is the case, then the City Attorney should
be instructed, if that's what the Commission wants, to defend the City as best as they can. The City Attorney
has given his opinion. He's in favor of settling this item for reasons stated. At the same time, Mr.Marquez
should be told right out where we stand so that they know what they have to do. It bothers me to see-- and,
frankly, it embarrasses me -- that there is no word anymore, up in this body that, when this body gives its
word according to the law, that we don't keep it anymore. When Mr. Marquez applied for the position as
City Manager, he was up front to the Commission that was here at the time. Out of the six individuals that
are up here, four of us were here at the time. Mr. Marquez didn't wait until after he was made City Manager
to, then start, cutting deals. Mr. Marquez was up front and he stated, "Look, if I'm going to take that chance
of leaving the secure job that I have with Dade County and have to go into a situation like we had at the
time, that few people wanted to enter into it when we had the biggest financial mess in the City's history,
when we were facing a petition right to the soul of the City, Mr. Marquez said that he would accept this
position only if he had a contract for three years. And, in fact, J.L., you will probably end up being one of
his better witness because you, very rightly so, a potential for something like this in the future and you
stated, you know, if we vote for this, this is a legal obligation that we will have to pay him this amount of
dollars. So, this Commission -- and the minutes are clear back then -- entered into this contract, knowing
30 October 27, 1998
full well what we were getting into. Now, having said that, I still have an obligation, as Mayor of this city,
regardless of how I feel, I have a fiduciary responsibility to protect the interest of the City of Miami. But
when we talk about what is the best interest of the City of Miami, the time to have thought about that was
back then, when Mr. Marquez, after serving this city so gallantly for a year, was fired like a dog in the
middle of the night and then, on top of that, so that benefits would not have to be paid to him, was fired on a
Sunday evening, retroactive to Friday. Now, if anybody understand that one, I sure would like to because I
never heard anyone being fired retroactive, except the way this was done here, in this fashion. The City has
to go forward and, in this particular case, I think that if Mr. Marquez' position is the one that has been
expressed by his legal counsel, then this City, I think, needs to put this aside and let the courts decide. And
then, if we end up paying more, as maybe the City Attorney might feel, then those that made the decision up
here, should have to live with that and be held accountable. Something that, unfortunately, there has been
very little of in the past in this city, being held accountable. That's why we're in the mess that we're in.
There were other things that were mentioned here, during this discussion. Mr. Pedrosa's name was brought
up and the strategy that is called "The Mayor's Strategy," that when you don't want someone to concentrate
on what the real issue is, then you bring a Mayor and you flash into something else, so you distract people's
attention for the real issue. Well, the bottom line is that Mr. Pedrosa has no case against the City. Anybody
can sue anyone. But Mr. Pedrosa has no legal case against the City. If anything, this City - and if there was
some back bone here, Mr. Pedrosa would owe this city money and he would have to send money back to
this city, money that he took unauthorized for his pension fund. When Mr. Pedrosa came to this city - and I
won't get into how he came. There was no national search, like it was done when Mr. Marquez came to this
City. It was under the same circumstances and the same style that everything else happened during those
four months. At the same time, when he came to this Commission, he stated up here -- and it's in the
minutes -- he didn't need any contract. When he was hired, he stated that he was only making ninety-six
thousand dollars ($96,000). Later, after I came, we saw that, in essence, his whole package was the most
expensive package of any City Manager in the history of this city, over a quarter of a million dollars. And
then, some time after Mr. Pedrosa was Manager -- and it's good to please the Manager, I guess, if you want
favor from the Manager. Mr. Pedrosa was, then, given a year's contract. The same Manager that said he
didn't need one. Now, Mr. Pedrosa is a Harvard graduate of law. Mr. Pedrosa knew more than anyone that
he had to go to the Oversight Board. His contract -- anything that he received was not binding unless he
went to the Oversight Board. He knew that as an attorney. When he tried to finally do that was down the
road when he saw what was coming, that enough was enough. At the same time, if I could go back to some
of the statements that, I could see between the lines that it's kind of coded messages being sent to the
Manager, to the City's top executives, maybe even to me. I don't know. You know, for me, I don't care
because I got more back bone than some people realize.
Commissioner Teele: Mr. Chairman?
Mayor Carollo: No, no.
Commissioner Teele: Mr. Chairman.
Mayor Carollo: No, no. Excuse me, excuse me.
Vice Chairman Plummer: The Mayor has the floor, unless...
Mayor Carollo: I have the floor, Commissioner Teele.
Commissioner Teele: Mr. Chairman.
Mayor Carollo: I have the floor, Commissioner Teele.
Commissioner Teele: The Mayor is doing nothing but filibustering to just kill time and this is...
Mayor Carollo: Commissioner, no, no, no, no, no, no.
Commissioner Teele: The issue of Garcia -Pedrosa is not on the order of the day. It is...
Mayor Carollo: Commissioner, you always monopolize the meetings...
31 October 27, 1998
Commissioner Teele: It's not the order of the day.
Mayor Carollo: ...any way that you want. Now, you're not going to take my right to speak a way,
Commissioner.
Commissioner Teele: Mr. Chairman, this is not the order of the day.
Mayor Carollo: No.
Commissioner Teele: He's on just a tangent.
Mayor Carollo: No.
Commissioner Teele: He's now trying to involve other things.
Mayor Carollo: No, sir.
Commissioner Teele: The issue is Mr. Marquez' contract.
Mayor Carollo: The issue is, you're afraid to let me speak, Commissioner. That's the issue.
Vice Chairman Plummer: All right. The ruling...
Commissioner Teele: Joe, I am so afraid.
Vice Chairman Plummer: The ruling of the Chair is, the Mayor has the floor. I would ask him...
Commissioner Teele: On the issue ofMarquez' contract.
Vice Chairman Plummer: I would ask-- would you let me finish?
Mayor Carollo: On the issue that everybody spoke about here on the issue ofMarquez.
Commissioner Teele: On the issue ofMarquez' contract.
Vice Chairman Plummer: I'm about ready to call a recess.
Mayor Carollo: The same issue you spoke about, sir.
Vice Chairman Plummer: I'm about ready to call a recess.
Commissioner Teele: Well, if you we're going to have a filibuster, then call a recess.
Vice Chairman Plummer: The Mayor has the floor and I would ask the Mayor to speak to the issue.
Commissioner Teele: That's right.
Vice Chairman Plummer: As he sees fit, speak to the issue and I...
Mayor Carollo: Thank you, Mr. Chairman. And this is not a filibuster. I have never engaged in any kind of
filibuster.
Commissioner Teele: Yes, it is.
Mayor Carollo: But, Commissioner, if this is a filibuster, then every time that you take the floor, sir, it's
almost a filibuster. Because we could take the minutes of every Commission meeting and we spend 70
percent of the time listening you preach to the rest of us here. Now, if I can.
Commissioner Teele: Get converted and I won't preach. (Applause)
32 October 27, 1998
Mayor Carollo: On the last issue -- well, Commissioner, I've been born again a long time before you even
started preaching, Commissioner.
Commissioner Teele: Joe, you know this meeting is going to break at noon. You don't want to have a
discussion of the issue that these people are here for and all you want to do is filibuster. (Applause)
Mayor Carollo: That's got nothing to do with that and you know it.
Vice Chairman Plummer: Wait, wait. Mr. Mayor, please.
Mayor Carollo: Thank you.
Vice Chairman Plummer: Now, we're either going to have the decorum that is necessary. The courtesy
extended to a member of this elected officials, as the Mayor, or we're going to call a recess and we're going
to make some hay. Now, ladies and gentlemen, I would ask the Mayor to wind it up as soon as he can, but
he has the floor, and Commissioner Teele will have it immediately thereafter. Mr. Mayor, I ask you, please.
Mayor Carollo: Thank you, Mr. Chairman. I'm addressing myself to the same statements that fellow
colleagues up here in the Commission talked about for a lot more than I've talked about on these issues. Last
one that I'd like to talk about, the coded messages that were sent, and I want to be perfectly clear on this one.
When this Commission voted, every single one of the Commissioners up here, a few weeks ago, to give this
City Manager a contract, a contract that was up front in every way, nothing was hidden, unlike the one given
before, everything was on the table and this Commission voted for that contract that had a one-year
severance pay if the Manager was dismissed in any fashion, and I am not going to sit here and not say a
word when the kind of message that is being -- trying to sublease being sent --
Commissioner Teele: Nothing but a filibuster.
Mayor Carollo: ...to the executives of the City and to the Manager is that you really don't have a contract.
So, everybody best get in line and do what some want, otherwise your job could be in jeopardy. Mr.
Manager, Mr. City Attorney, I do want a legal opinion on the Manager's contract so that every executive of
this City knows that they have a Manager that's going to be here, that has the rights and protection of that
contract that was voted upon by every member of this board, and that was approved by the Oversight Board,
any other shenanigans that others want to do with petition drives to change the Charter of the City of Miami
again, to play games, to try to see how much they can get through the back door, what they couldn't get
through the front door...
Commissioner Teele: Not the issue.
Mayor Carollo: ... they could play all the games they want to.
Commissioner Teele: Not the issue.
Commissioner Sanchez: Mr. Vice Chair?
Mayor Carollo: The question was ... excuse me. I'm almost finished.
Vice Chairman Plummer: Mr. Sanchez, excuse me. The Mayor has the floor.
Mayor Carollo: The question was asked -- in fact, it was sent by Commissioner Teele, and I'm asking you,
on the record, to come up with a legal opinion on that contract.
Vice Chairman Plummer: Mr. Sanchez.
Mayor Carollo: Thank you. Thank you. I'm finished.
Commissioner Sanchez: How did we derail so far away off a course when we were discussing Edward
Marquez? (Applause)
33 October 27, 1998
Commissioner Teele: Here. Here, here. Here, here.
Vice Chairman Plummer: Mr. Teele.
Mayor Carollo: By the statements that were made by Commissioner Regalado and Commissioner Teele.
That's how.
Vice Chairman Plummer: Mr. Teele, do you wish...
Commissioner Sanchez: Well, I don't want to be wasting time. Let's stay with the schedule here. Let's...
Vice Chairman Plummer: Do we wish to throw anymore gasoline on the fire or are we ready to vote? OK?
This is a resolution. The motion was made, as I recall, to approve the motion. There was a second with a
proviso. Mr. Gort, that proviso was?
Commissioner Gort: To send a letter to Mr. Marquez and its company, the firm, and see what kind of a
service it could provide. And this will have to be voluntary.
Vice Chairman Plummer: But the payment was not predicated on that?
Commissioner Gort: No.
Vice Chairman Plummer: OK. I really only have one comment to make. I am voting for the contract
because I think it's legally binding. I want the record to, clearly, state that you're looking at the only
Commissioner who voted against the contract because I didn't think that it was ever going to be exercised in
the proper manner. But I have no choice now. It was by my colleagues who approved it and God bless
them. I'm sure they did it in good faith, in the same way I voted against it in good faith. But now I have to
do what is right. The contract is binding, in my estimation. I don't think we have a choice and I will vote for
it.
Commissioner Teele: Commissioner, would you yield...
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: ...on that point that you just made?
Vice Chairman Plummer: Absolutely, sir.
Commissioner Teele: And correct the record as it relates to my colleague, Commissioner Sanchez and
myself...
Vice Chairman Plummer: You were not here.
Commissioner Teele: ... who were -- neither of whom were here, so...
Vice Chairman Plummer: Sir -- and I'm not trying to chastise my other colleges. I'm just saying, for the
record, I voted against it. I think it's important that we need to call the roll on a resolution. Right in the
middle. I vote yes.
34 October 27, 1998
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1065
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
EDWARD MARQUEZ, WITHOUT ADMISSION OF LIABILITY, A TOTAL
SUM OF $311,991.95, INCLUSIVE OF ATTORNEY FEES AND EXPENSES,
IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI, IN THE CIRCUIT
COURT OF THE ELEVENTH JUDICIAL CIRCUIT, CASE NO 98-5020 CA
20, UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE
CITY OF MIAMI, ITS OFFICERS AND FORMER OFFICERS, EMPLOYEES,
AGENTS AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND
DEMANDS, BEGINNING WITH AN IMMEDIATE LUMP SUM PAYMENT
IN THE AMOUNT OF $141,005, AND THE BALANCE TO BE PAID,
WITHOUT INTEREST, AS SPECIFIED HEREIN; ALLOCATING FUNDS
THEREFOR FROM THE SELF-INSURANCE AND 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 Joe Sanchez
Vice Chairman J.L. Plummer, Jr.
NAYS: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
ABSENT: None.
Vice Chairman Plummer: This Commission will stand in abeyance for five minutes, no more, no less...
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: When we return, can we take up the matters relating to Overtown?
Vice Chairman Plummer: Sir, I only say to you one thing. I have no problem with taking it up but I want to
caution everybody that Mr. Gort and I cannot be late to a funeral. So, if you think it can be concluded before
noon, before noon -- I announced that from the day one.
Commissioner Regalado: Well, let's follow-- let's start right now. Let's start right...
Commissioner Teele: Let's start right now.
Vice Chairman Plummer: All right, start now and I'll go do what nobody else can do for me. Mr. Mayor.
35 October 27, 1998
16. PERSONALAPPEARANCE: LEROY' JONES, EXECUTIVE DIRECTOR NEIGHBORS AND
NEIGHBORS ASSOCIATION - CONCERNING 'OFF STREET PARKING 'FUNDS DESIGNATED
FOR OVERTOWN -- DIRECT CITY ATTORNEY TO DRAFT LEGISLATION STATING THAT
OVERTOWN ADVISORY BOARD BE HEARD BY COMMISSION FIRST' ON 'MATTERS'
DEALING WITH OVERTOWN.
Mayor Carollo: Go ahead. We'll start Item 14. We're going to-- so that the public would know what items
we're going to pass. Item 12 and Item 13 we're going to bypass and bring back in the afternoon and we're
going to go right on to Item 14. That is the first item that deals with Overtown. Mr. Leroy Jones, you asked
for a personal appearance, sir.
Mr. Leroy Jones: Yes.
Mayor Carollo: The floor is yours, sir. If you could please give your name and your home address for the
record, please. Thank you
Mr. Jones: Leroy Jones, 1892 Northwest 112th Street. Neighbors and Neighbors Association 7511
Northwest 22nd Avenue. On September 28th, I appeared before the Commission on an item about the
Arena, Off -Street Parking funding. I was told by Commissioner Plummer to come back. You would have
some kind of answer, some conclusion about the situation. I personally think that the funding that was took
from Overtown, which is a little over a million dollars that supposed to went to the target area in Overtown,
which was directed to the Gusman Theater. I personally think it was illegally done. Morally, I think
everybody here knows morally it was done -- it shouldn't have took place because when we set aside money
for something of that nature, without any regards for human sacrifice or human life-- because Overtown is
the most underserved community in the City of Miami. I was told that when I come here, some conclusion
will be given to me about that situation. I want to know the date.
Mr. Vilarello: Mr. Mayor, I can address that issue.
Mayor Carollo: Please, if you would.
Mr. Vilarello: I have advised the Manager, after review of all the relevant documents, that the property
that's been referred to as the Arena Parking Lots, that are managed by the Department of Off -Street Parking,
were transferred to the CRA in 1995. The parcels broke up into six different two parcels. Two of the six
parcels were transferred in 1995. Another two were transferred in 1998. And there's two minor parcels, that
I believe revolve around the right-of-ways, have not yet been resolved. However, the assignment of the
lease, that is, the agreement between the City and the Department of Of€Street Parking, was assigned in
1995. It did contain a deficit -- reduction of a deficit that the City owed to the Department of Of€Street
Parking related to Gusman Hall and that has been satisfied. The Executive Director of the Department of
Off -Street Parking has advised me that that was satisfied. He did so on a memorandum dated October 15th.
And clearly, at this point and time, the lease and the revenues generated by that lease are an asset of the
CRA. The lease has been extended through the year 2000 and the CRA has a lease that it may continue or
terminate, based on the terms and conditions of that lease, but it is an asset of the CRA and any future-- I've
advised the City Manager that any future revenues generated from that lease, that are directed to his
attention, should be forwarded to the CRA. And, I've also advised him, he should advise the Executive
Director of Off -Street Parking to do so in the future. There's one other issuq Mr. Mayor, Commissioners. I
was given an accounting that just based -- was based on final numbers. I think that it would be appropriate
for both the CRA and the City to request additional support for those final numbers. I did not have enough
information to really advise you, one way or the other, of the correct amounts of the payments on that lease.
I think a further investigation of that needs to take place.
Mayor Carollo: Sir.
Mr. Jones: To be honest with you, Mr. Mayor Carollo, I'm not satisfied with that answer and the reason why
is because I'm -- and I'm very upset about it, you know. Because if these kind of tactics can take place
where monies that earmarked for a community that's been abandoned, been neglected for years and years, to
be located on a project that been failing for years if -- I think the Gusman been in trouble three times already
and I'm sure -- looking at this paperwork, at least one of the times the money came from Overtown to help
36 October 27, 1998
this failing project. Now, do we place more value on human life? I mean, is it more important for us to help
something that's failing than the money going to a community which is so badly needed of funds? At the
last Commission meeting, Mayor, you suggested that you was going to look into to see where all the money
been going, you know. And I'm asking the Commission. I'm asking you, Mayor Carollo. I'm asking all
destinguished Commissioners to please, you know -- and I know all of you -- most of you that are sitting up
there wasn't there when this took place, you know. And I'm asking you to, please, reimburse Overtown that
funding, that money that was earmarked for that target area, rather it was done appropriately, rather it was
done right but morally. You know, to, please look into it, Mr. Mayor, find the money and give the money
back to the community, which rightfully need that money.
(Applause)
Mayor Carollo: Yes, sir.
Mr. Jones: The reason why, Mr. Mayor, we have so many people in the Overtown community that's
unemployed and you think about how just a little over a million dollars that was taken from the Of€Street
Parking, how many jobs and how many businesses that's already established, could have been saved with
that money. You think about it, you know. And -- I mean, you don't have to think hard because everybody
sitting over here know how Overtown looks, especially Commissioner Plummer. He drives through
Overtown all the time. Late at night. One o'clock in the morning. (Applause) If anybody know Overtown,
Commissioner Plummer does. Everyday. Mr. Mayor, I'm asking, I'm asking you, Commissioner Regalado,
Tomas, Commissioner Teele, Commissioner Joe, even Commissioner Plummer, please, do whatever you
need to do and I'm not talking about no long term goal. I'm talking about now because we need it now.
(Applause) Find the money -- and I'm not saying take the responsibility for somebody else miswrong or
misuse. I'm just saying to be -- please be accountable now. We are not going to hold that against you
because you wasn't here when it happened. We know that. But, please, right the wrong.
Commissioner Teele: Who wasn't here when it happened?
Mr. Jones: Well, no, I'm not saying — I'm just saying, some of you — I'm just saying, Mr. Teele, some of the
people that's sitting here wasn't here when it happened.
Mayor Carollo: Was I here when it happened, Commissioner? Give me the years, Commissioner, that I
was here when it happened. Give me the years, Commissioner. Because we want to talk about happenings,
let's go into Dade County Government. It's got a budget of four point two billion dollars ($4,200,000,000)
and we're going to talk about who was there when things did happen. Now, Mr. Jones, I appreciate, sir, your
decorum, your professionalism. I assure you that I am going to do everything, everything within my power,
to get to the bottom of it. To find out where every dollar that went into Overtown went to. Because, see,
what I am tired -- sick and tired about is that monies that are supposed to be going to communities to help
the people, somehow large amounts, sometimes maybe even majorities of the funds, don't get to the people.
You know where they end up? In the pockets of a handful of people, that their expertise is how they rape,
pillage City government so they won't have to work. They make their living out of taking from governments
so they don't have to work. (Applause) And I give you my full assurance that everything within my power
will be done so that this administration can get to the bottom and account, so that the people of Overtown,
the people of Miami would know where every single dollar that has been put into Overtown has gone.
Where has it gone? And if there have been some that have done wrong with those dollars, then I want to
make sure that the full power of the law falls upon them and that, somehow, we do everything that we can, if
that happens, to get those dollars back. (Applause)
Mr. Jones: Mayor, if I could say this. If I can say this, Mayor.
Mayor Carollo: Sure.
Mr. Jones: When you look at the Miami Arena that's in the City of Miami and when you look at the theater,
which they are doing work on 2nd Avenue and 8th Street, you look at all the progress that's been made on
the Miami Arena within six months, and then, you look at that project on 2nd Avenue and 8th Street, which
they been getting -- trying to get -- fix it up for years, I just hope -- and I'm hoping, as a man of your word,
you will look into this, starting today, find the funding that was illegally or morally taken wrong and give it
back to this community now. I ain't saying, you know, two years or three years. I'm talking about working
on this project right now. Because we need help now. We can't wait another year, you know. (Applause)
37 October 27, 1998
We can't wait for our businesses to keep dying. We can't wait for our kids to keep going to jail. We can't
wait for that. We can't wait for all the bad instructions in our community. We need to own some ownership.
The City of Miami own 70 percent of the vacant lots in our community. That's a shame. When the City
owns more property than the people that live there. That's a shame, man. It shouldn't take place. That
should never happen. And I'm asking you, just like you committed yourself you was going to look into it,
I'm asking you to commit yourself today, as a commitment to me, today.
Mayor Carollo: We've started already, Mr. Jones. We've started already. And some of the things that I'm
seeing already, I don't like. That's why I'm making the statements that I've made here, today. You know, at
least a few weeks ago, when I went to the clinic that was open in Overtown, that was so long, long overdue,
I could finally see something, something good that's happened there. Something that is getting and reaching
the people and still we need some two hundred thousand dollars ($200,000) more to finish that project like
we should. That's why it gets me mad. And I have to admit it to you. It gets me mad when I see people
talking about throwing other dollars into another pit for other things, it's just talk that's not going to do any
good and we still have a clinic that needs two hundred thousand dollars ($200,000) more. That is truly, truly
touching. It's affecting and it's helping the lives of the people of Overtown. And these are the projects that
we have to back, that we have to support. The projects that are truly going to help the people. I don't care
who gets mad at me because I don't fund a project that is not going to do anything for the people of
Overtown or for the people in Liberty City or East Little Havana or Wynwood or Allapattah or any other
area. What I care about is making sure the dollars are going to reach the people of our communities. And
you have my commitment of that, sir. And, like I said, it's not that I'm going to start today. I've started
already looking at it.
Mr. Jones: If I can say this last few words before I leave.
Commissioner Teele: Mr. Chairman, with all due respect. This has gone on now for 18 minutes. This is
nothing but a stall tactic. Now, let me just say...
Mayor Carollo: Mr. Commissioner, I'm sorry.
Commissioner Teele: I am speaking.
Mayor Carollo: This is not a stall tactic. This is not...
Commissioner Teele: You are -- you know, the Jefferson Reeves Clinic is a wonderful project.
Mayor Carollo: Yes.
Commissioner Teele: And we all know that. But the issue right now is not none of that, Joe. And let's be
very clear.
Mayor Carollo: Commissioner.
Commissioner Teele: This Commission established an Overtown Advisory Board that are elected by the
people. Now, you can go out and you can get anybody you want, you know, but let me just tell you what's
going to happen here. The Overtown Advisory Board, by Charter, is supposed to comment on anything that
comes to this Commission first. Now, you may disrespect some communities but you're going to stop
disrespecting Overtown. (Applause) Anytime, by ordinance, "the Overtown Advisory Board is hereby
created and established and shall be known for the purpose of supporting the preservation and providing
recommendations to the Commission regarding all City funded and City assisted activities, development and
improvements within the Overtown area." I appreciate Mr. Jones being here, taking up this 20 minutes of
time, and I'm not at all upset that he's here but I think we need to revert back to the order of the day and start
doing things right. The Overtown Advisory Board was elected by the people of Overtown. There's nobody
appointed. (Applause) They are here. They have the right to be heard first. And, Mr. Attorney, let us draft
an ordinance that clarifies this, that says, "when matters related to Overtown come, they will be heard from
first." Because what is happening now, is a 20 -- is an 18 minute stall to avoid dealing with the critical issue.
The issue of the funds for the parking have been resolved and that's the only item that Mr. Jones was here
for. The items that we need to discuss are the Five -Year Plan, the interlocal agreement, the funds that the
City has committed for Overtown, which have not been forthcoming, and the basic items that are on this
38 October 27, 1998
agenda. Now, you all are going to stop at 12 and that's the plan. They want to defer everything. That's the
plan. And, then, everybody, basically, is here frustrated and, hopefully, you won't come back again. But I
want to urge you right now, no matter how long this Mayor tries to stall, no matter how long this Mayor tries
to provide a lot of rhetoric, no longer how long this Mayor tries to mislead you, you need to plan on coming
back here the next time and the next time and don't let them wear you down.(Applause) Because this is
nothing but an old fashion, City of Miami stall, stall, stall. I call the question of the day and that is the
Interlocal Agreement. Let's have a discussion about the issues that are open. Let's have a discussion about
the issues that are open. The funding and the diversion of funds from the parking lot was voted upon and
decided by this Commission on November of 1997. And all of that rhetoric and hot air that Mr. Warshaw
and you all have been engaged in, about this is a sneak attack, this is a last minute thing, is just absolute hog
wash. (Applause) Now, we need to get serious about Overtown and I'm not going to stop. I'm not going to
stop until we get -- deal with the Interlocal Agreement now. And I would move -- I would ask that the
Interlocal Agreement be brought forth and that the Overtown Advisory Board and those other
representatives from organizations that have come here -- petition to come here be heard and recognized
because there is broad and widespread support for the Interlocal Agreement moving forward.
Mayor Carollo: Now, Commissioner, you say you're a man of process. You want to follow process but you
want to follow the process when it's to your convenience. Now...
Commissioner Teele: Let's stay with the issue, Joe.
Mayor Carollo: You wanted ... that' s what I did, Commissioner.
Commissioner Teele: You can attack me all you want to.
Mayor Carollo: No.
Commissioner Teele: But let's stay with this issue.
Mayor Carollo: The attacking...
Commissioner Teele: Then, you be man enough to attack me at another time.
Mayor Carollo: No, sir. The attacking, sir, was done from you to me and I kept quiet...
Commissioner Teele: Because you stalled.
Mayor Carollo: I kept quiet. I need didn't say a word. And you could attack me all you want because you
know this is not about Overtown. This is about your agenda, your problems. Because if you truly care
about Overtown, why didn't you really do something about Overtown, Commissioner, when you were
Chairman of a point two billion dollar budget?
Mr. David Perkins: Excuse me. Let's quit arguing and let's get to business...
Vice Chairman Plummer: Sir, you are out of order.
Mr. Perkins: No, I'm not.
Vice Chairman Plummer: And you will be removed if you're outspoken again.
Mr. Perkins: No, I'm not. Now.
Mayor Carollo: Mr. Jones, I apologize, sir. You had the floor. I think you are done. It's not this Body's
intention to have cut you off like this. And it's not this Body's intention to cut off anybody. It is our
intention to give every person that wants to talk, to express themselves, to be given that opportunity and I
don't care if I have to stay here to listen to every person that wants to express themselves until the end of the
day. If we're going to truly do something about Overtown, then we have to go about it in an orderly process
so everybody gets to speak. Thank you, Mr. Jones. Sir, I apologize. We're going to go back to the agenda
and you will have the opportunity to speak at that time and I assure you, you will, sir. But we have to have
39 October 27, 1998
an orderly process.
Mr. Perkins: And how long that's going to take?
Mayor Carollo: Well, sir, you know, I can't tell you. I don't have a crystal ball.
Mr. Perkins: Let's get it done right, then. If don't, I know something.
Mayor Carollo: We're on Item Number 15.
Commissioner Teele: Mr. Chairman, I would ask that Item 15b be brought forth and that the City-- that the
special counsel be afforded the opportunity to explain the Interlocal Agreement. I would also ask that the
courtesy be extended to the Overtown Advisory Board, which, by law, has the right to comment on any
matters relating to Overtown/Parkwest, ahead of the public.
Mayor Carollo: Commissioner, I have no problem to listening to the OvertownParkwest.
Commissioner Teele: Thank you, Mr. Mayor. Mr. Attorney, would you come forward?
Mayor Carollo: If I can -- hold on, please, before any attorneys come over. We're going to follow the
agenda that we have here. Now, to try to move along as more expediently as we can, in Item Number A,
does this Commission want to bypass Item Number A, on the budget?
Vice Chairman Plummer: Do we want to bypass it?
Mayor Carollo: Right now, and go on to something else in here. We have one, two, three, four, five, six, at
least six items here that have to do with Overtown.
Commissioner Teele: Mr. Mayor.
Mayor Carollo: And what I am asking...
Commissioner Teele: If you would read the kit, the Interlocal Agreement Item B contains the budget as an
amendment, as an annex to it. So, I'm not responsible for the printing of the agenda. It's done improperly.
But the Interlocal Agreement contains Item A within it. It's an annex. Mr. Attorney - Mr. Friedman, would
you come forward and explain to the Commission...
Mayor Carollo: Commissioner, you're out of order. If anyone is going to ask anyone to come up, it's the
Chair. And the only thing that I ask is, for my colleagues, as long as I'm chairing this body, like I am today,
that we follow the rules and if somebody wants to speak, before they speak out, so that we don't have three
or four people speaking at the same time, that they go through, like our procedure state that we should do,
through the chair, and I would gladly give them the floor. But we need one at a time. Now...
Vice Chairman Plummer: Mr. Mayor.
Mayor Carollo: Commissioner.
40 October 27, 1998
Vice Chairman Plummer: I guess to the City Manager and to the City Attorney, I've been handed the
Interlocal Agreement just now by -- I don't remember who -- together with this document from
Commissioner Teele. Have either one of you or -- had the opportunity, because I have not had it because it
was just handed to me. Either one of you had the opportunity to go over this and can advise us, the
Commission?
Mr. Vilarello: Commissioner, the Manager staff and members of my staff have been reviewing this
document, I believe, for approximately two to three weeks. However, the draft...
Vice Chairman Plummer: So, somebody in your office will be prepared to advise us?
Mr. Vilarello: No, sir. The last draft of this agreement was received yesterday evening and, certainly, is
along lines of what had been previously discussed but there are some significant changes. However, that
wouldn't preclude the discussion of the Commission at this meeting. Sir, I'm not ready to rule as to whether
or not this is a contract that I can approved as to form and sufficiency.
Vice Chairman Plummer: Mr. Manager?
Mr. Warshaw: Commissioner, the staff, as well as the City Attorney and Mr. Friedman from Holland and
Knight, have been meeting continuously for the last several weeks. And the last I heard, as of yesterday,
they were still trying to iron out some of the differences in this agreement. I haven't seen what was just
handed out a few minutes ago. So, we've been making progress.
Vice Chairman Plummer: OK. So, basically, then -- then I would understand, Commissioner Teele, what
we're trying basically to do today is discuss the interlocal and, then, I'm assuming we will come back at a
later time to approve it because it's just been handed to me.
Commissioner Teele: Mr. Chairman, with all due respect.
Mayor Carollo: Commissioner, go ahead.
Commissioner Teele: With all due respect, Commissioner Plummer, this agreement was passed out on
Thursday. Let's get the record clear. You've indicated -- Commissioner Plummer, you've indicated on the
record that you just got it for the first time.
Vice Chairman Plummer: This document thafs... yes, sir.
Commissioner Teele: No, no. That's the document -- that's a stupid document. That just explains
everything that's in it. That's just -- that's done -- that document that you have in your left hand is just
basically a...
Vice Chairman Plummer: No difference than what I got on Thursday?
Commissioner Teele: No, it is absolutely no different. It basically contains a glossary, a table of contents.
That document is nothing but a glossary cross-referencing documents. On Thursday, after the document
was presented, there were six, I think, scrivener's errors. Mr. Attorney, we need your help. There were six
scrivener's error that were detected. They were made. In addition, the management had about four different
issues that they did not agree to of the document that was passed out on Thursday. The CRA was instructed
the staff, the attorney to exceed or concede to all of the open issues that the City Manager's Office have
raised. And that document was drafted basically agreeing to all of the open issues that had not been closed,
with the exception, I think, of three issues. So, what I think would be very helpful is, if the City Manager
would explain what are the issues that they haven't had an opportunity of review or the issues that they have
not had an opportunity to agree to. Because the instructions that went to the City Attorney was to agree to
everything that the Manager's Office objected to. And I know for a fact, Mr. Friedman, correct me if I'm
wrong, that you all drafted the document exceeding to everything that the City Attorney wanted that was in
question, with the exception, I think, of one or two items?
Mr. Robert Friedman: Basically, the primary ones, Commissioner.
Commissioner Teele: Could you state your name and information...
41 October 27, 1998
Mr. Friedman: My name is Robert Friedman. I'm an attorney with the law firm of Holland and Knight. We
are regular counsel to the Community Redevelopment Agency. We have been working to prepare this
interlocal cooperation agreement for -- oh, I don't know -- several weeks, and during the last two or three
weeks been working closely with the City Attorneys Office to come up with a-- sort of a final draft for the
Commission to review and discuss.
Mayor Carollo: Mr. Friedman, whatever was handed out today, is this exactly the same contract that was
handed out on Thursday.
Mr. Friedman: The document that you received today is a summary of what's in the agreement.
Mayor Carollo: It's a summary? So, in other words, there are no changes within that summary?
Mr. Friedman: No.
Mayor Carollo: OK. One other question that I have for you. Do you have -- from the document that was
passed out on Thursday, do you have anything that you have that shows -- underlines the difference of what
was taken out from the previous document before that? What changes were made? Do you have something
handy so it could be easier for the Commission to go through it?
Mr. Friedman: So, we have a black line draft that shows changes from the version that you received last
Thursday, which includes changes that were made the following day.
Mr. Vilarello: If I can address one issue because I did receive yesterday a black line copy and -- there are
changes, Commissioner Teele, from -- you directed the CRA attorney to prepare a draft, which acceded to
all demands of the administration. However, there are underlined portions of this agreement which are
material in nature. I just briefly went through the red line copy and it provides for additional human
resources designations and amounts. It removes the item that we had discussed, that there was some
concern about, with regard to the redevelopment agency outside of its district.
Commissioner Teele: Let's take up the first one.
Mr. Vilarello: And that's quickly looking at it, Commissioner.
Commissioner Teele: That's absolutely not true. Let me just tell you what it does. It defines the existing
human relations resources. It do does not require new or any additional human relations resources, as
you've stated on the record. It merely defines the base year of human resources that the City has provided
and...
Mr. Vilarello: Commissioner, I'm not taking issue with your comments. I'm simply saying...
Commissioner Teele: Well, I'm trying to...
Mr. Vilarello: ...that the black line copy is a new and additional language, as I understand black line copies,
and it does deal with an issue -- in other words, it might have happened notwithstanding your direction.
Commissioner Teele: But I'm not aware of any changes that have been made.
Mayor Carollo: And what item is that that you're not aware of, Commissioner?
Mr. Friedman: The item that's being discussed now was, I believe, originally included in the budget and,
then, it was moved into the document so that it would be more clearly reflected.
Commissioner Teele: It was already contained in the budget document?
Mr. Friedman: Right.
Commissioner Teele: Which is the companion document. It was nothing new added, is what I'm trying to
42 October 27, 1998
establish, is that correct?
Mr. Friedman: That's correct. It's additional language to the text of the agreement but it's an item that had
already been included in the budget that was attached to the agreement.
Mayor Carollo: The original language that we're talking about again, is that the one that was given on
Thursday?
Mr. Friedman: The language that was added was following the draft you received Thursday.
Mayor Carollo: Mr. City Attorney.
Mr. Vilarello: As simply the point, just briefly going through it, there are portions of this agreement that are
red lined or underlined, black lined, which indicate new language. I did not sit through the negotiations with
the administration. Some of these issues are material. They're material issues. I don't know, nor have I
discussed with the administration, whether these are issues that they can agree to or not. I'm just simply
saying, from the copy that I -- the red line copy I received last night, just quickly going through that, there
are some underlined sections, which are material section. They may have been incorporated in other
documents already but they are more than just scrivener's corrections, which -- I think that Commissioner
Teele had directed that -- was simply to not make any changes, other than to highlight those last changes
from Thursday but notwithstanding the fact that that was his direction, there are some material inclusions in
this contact.
Miss Elizabeth McBride: If I may briefly just identify the changes in the document with the date.
Mayor Carollo: Excuse me. For the record, ma'am --I'm sorry --can you identify yourself, please? Thank
YOU.
Miss McBride: Yes. Elizabeth McBride.
Mayor Carollo: Thank you.
Miss McBride: Holland and Knight. The changes that were made to the document dated October 26, 1998,
they reflect a scrivener's errors that were determined from the document that was presented, dated October
22nd. This draft also incorporates language of a review. We requested to seek a legal opinion as to whether
or not the CRA could, pursuant to this agreement, operate outside of its boundaries. In receiving that
opinion, I also had the document reviewed by the Attorney — one of the three attorneys that was being relied
upon that opinion David Cogwell, and changes reflected in the "whereas" language on page one, in
addition to page three, 2.1(a), incorporating Chapter 166 Florida Statutes, 2.1(h), adding the language "and
such other similar funds". The change on page four did not remove the deletion for projects outside
throughout the City and since it was not caught the first time, it was made in the draft 1026. The changes on
page six at the very top, that are underlined for Section 4.1, also suggest recommendations by Mr. Cogwell
to ensure that the funding is actually received by the City and is recognized within the document. The
human resource support language was recommended by the Commissioners' office but the figures, they are
reflected in the budget that was attached to the documents dated 10.22-98. The change on page 4.3, that
incorporate bond covenants, is just a reflection of the recommendation from Mr. Cogwell. And the other
changes in this agreement, especially sub section "C," dealing with use of outside counsel, because it clearly
reflected more of what was occurring now. The changes on page eight, sub section "E," I think really --
probably more reflected what was being recommended by city staff as to the "may be requested" language.
Five point two was recommended by Mr. Cogwell. The change in six point one just reflects a correction of
the exhibit numbers and how they were numbered. Change nine point two, just reflects the
recommendation, I think, that came out of the city staff meeting, that the Manager would execute the
documents upon the approval of the City Commission. And the termination was just expanded, as
recommended by Mr. Cogwell, to permit the bodies to agree to terminate on their own initiative. And the
remaining of the changes were basically scriveners and just corrections.
Mayor Carollo: Thank you, ma'am. Miss Warren.
Miss Gwendolyn Warren: Yes. Gwendolyn Warren, Director of Community Development, City of Miami.
43 October 27, 1998
I would like to echo the comments of the City Attorney. I received the revised agreement last evening. I
have not had an opportunity to review it for impact. But what I would like to state on the record is that staff
has been directed and is in absolute concurrence, they have the -- we need additional time to review the
document to continue negotiations. I think that the agreement, in terms of outlining the services to be
provided by the CRA, also, reviewing budget and additional financing to support their efforts, is something
that administration, my department, is recommending to the Manager but, again, we received the changes
last evening and during our discussion of Thursday, which was quite lengthy, we received a budget the day
before and we were reviewing it and we, again, were close on the numbers but had not finalized our
recommendation to the Manager. And I guess what I'd like to say is that the process has been extremely
positive and I think moving in the right direction. And I concur with the City Manager-- attorney, that we
need to continue to review the document to ensure that its in the best light for the City and for the
community of Overtown in the CRA district. And, at this point and time, I'd like to say everything is going
positive and we need to continue to review the information. That's what I would say.
Mayor Carollo: Mr. Manager, you need to add anything to that?
Mr. Warshaw: No, Mr. Mayor. And, again, I just want to echo what Miss Warren is saying and state it
openly to all the people who are here. This has been an ongoing and lengthy process, where the Miami City
Attorney and the counsel for the CRA from Holland and Knight and members of staff have been meeting
around the clock. This is a very complicated situation. And I think the reason it's complicated is because of
some of the long history, as was stated earlier, of monies that were supposed to have gone to Overtown, over
a very long period of time, that never got there. And I have instructed the staff to ensure that they come up
with an agreement to make sure that we can account for every single penny of monies that go to Overtown
and ensure that they get there to the right place. So, I don't want anyone to interpret what I'm saying as any
way being delaying or stalling or obstructionist because that's not who I am. That's not what I will ensure is
going to happen. Ms Warren is an expert in the community development arena. She's more than familiar
with this and she will continue to work to ensure that this is an open process and that you all know where the
money is going and that it gets where it's supposed to go.
Mayor Carollo: Ms. Warren.
Miss Warren: I guess the only other thing I would add for the report or probably emphasize for the record is
that I truly feel that additional resources are needed in the Overtown community. I think everybody is in
agreement on that. And one of the, I think, important issues that Commissioner Teele has brought to this
body is that for in -numerous years there never was an Interlocal Agreement, a mechanism for funding and a
system of accountability for City resources that were going to that community. I think the process is to be
commended and, again, we're looking at years of no agreement, no written documentation, no system to
ensure continued funding of projects in that area, and I think this is a mechanism to let that happen. I'm
committed and I am not participating in any stall game. Again, I received the revised package last evening.
It is a priority and I will be reviewing it for comments from my funding perspective.
Mayor Carollo: Thank you.
Vice Chairman Plummer: Mr. Mayor, I just want to make one comment.
Mayor Carollo: Go ahead.
Vice Chairman Plummer: And I don't want anybody to be deceived. CRA is more than Overtown. Just
want to put that on the record. That all of the discussion today about CRA has been nothing but Overtown.
Seventy-five percent of the CRA is not in Overtown. So, I just want to put that on the record so nobody
goes away from here thinking that all we're doing is talking about a given location. There's more than one.
And let's just put it on the record.
Commissioner Teele: Mr. Chairman.
Mayor Carollo: Commissioner.
Commissioner Teele: I want to concur with Commissioner Plummer's remarks, that the CRA boundaries,
while it includes the Omni, which is new, and has never been funded and while it includes Park West, in
44 October 27, 1998
which there are no residents. There are zero people living in Park West.
Mayor Carollo: Commissioner Plummer.
Vice Chairman Plummer: Unless they've established a cemetery there, its my opinion that the arena is in
Park West.
Commissioner Teele: Well...
Vice Chairman Plummer: And across the street from that are two very higlrrise buildings that I don't think
that are empty.
Commissioner Teele: Well, Commissioner...
Vice Chairman Plummer: There's three.
Commissioner Teele: ...I won't...
Vice Chairman Plummer: They might not be living very well but they're living.
Commissioner Teele: I will yield that point with you, that the arena apartments are a part or have people in
them but, you know, even though Mr. Flagler drew the line at the railroad track and even though this
Commission, unbelievably, in 1998 —'97, drew a boundary line, unbelievably, based on a railroad track to a
great extent, the community, for the last 30 years, has always considered that area that you're referring toto
be a part of Overtown and I won't quarrel with you if it's -- you want to call it Park West. It's on the other
side of the railroad track. You're right about that. But it is in Overtown as far as the residents of Overtown
are concerned, insofar as most of the people and Mr. Cruz who built those buildings. Their literature talk
about Overtown. But, in any event, the point that I want to make is that the three goals of the CRA, which
are, essentially, to increase the property assessed values and to stabilize neighborhoods in Park West and the
Omni with the relocation of deterring uses. And the second goal is to establish a reoccurring and stable and
reliable funding source, particularly within the spheres of influence of the existing boundary. The third goal
of the three only relates to Overtown and that is to revitalize the historic 3rd Third Avenue business corridor.
The point that I want to make, Commissioner Plummer, is you're right. While there's a been lot of talk
about Overtown, the fundamental issue is, as it relates to community development target areas ... as it relates
to...
Vice Chairman Plummer: Commissioner Teele, let me tell you something. I've told you this before and I'm
going to tell you again. We're going down that road together. You know why? Our districts are contiguous,
all right. And what affects you affects me.
Commissioner Teele: You're right.
Vice Chairman Plummer: And what affects me affects you.
Commissioner Teele: You're right.
Vice Chairman Plummer: So, nobody else up here can really make that remark. But the two of us have got
to go down that road to help each other. Now, all I said -- my comments on the record were, I don't want
anybody walking out those doors out there with a misconception that CRA is just Overtown. It is more.
CRA is going to look after the things that they have to look after but there is two facets to it. So, I'm just
putting that on the record. I'm not arguing it.
Commissioner Teele: Actually -- Commissioner, you're right. And, as I said, actually, there are three
complete facets to the CRA: the Omni area, which, you know, is the newest area coming on the Park West
area and the Overtown area. The problems are unique in each of the three areas and the CRA's goal, as
you'll see in both program and dollars, reflect those three areas and those three priorities. If the management
is uncomfortable moving forward on the Interlocal Agreement, are there any open issues on the budget
portion, as far as the Manager is concerned?
45 October 27, 1998
Ms. Warren: One area of -- well, there's a couple of areas of concern. One which I think the Finance
Department needs to address in terms of separate financial systems, but the one that I would want to further
discuss is the continued payment of the debt service on the 108 and simultaneously carrying over prior year
funds. It's my current view that what we're doing right now is that there is a 108, which is for approximately
five point one million dollars ($5,100,000), that the city CDBG allocation is currently going to pay the debt
service on. One of the requests of the CRA is that they be allowed to use unused prior year funds in the sum
of approximately three hundred and eighty-two thousand dollars ($382,000.). One, staff would recommend
that the CRA be allowed to use those funds, but for the purpose of paying the debt service on their 108
because, again, if we take the prior year allocations and additionally pay the continued debt service on the
loan, we would like to see their reallocated monies first go to pay their debt service and we absorb the
balance but not both.
Commissioner Teele: Is that the only...
Ms. Warren: Not to pay it. That is -- and then there's a financial concern that the finance department have
and some other issues.
Commissioner Teele: Mr. Chairman, commissioner Plummer, members of the Commission, let me just say
this. The City has all paid the debt service. The 108 was actually undertaken as a part of the vision of
Maurice Ferre and the Commission at that time and it is-- one of the activities was the land acquisition in
site clearance of many of the facilities, like the King Hotel and the Mary Elizabeth Hotel and on and on and
on. And that is a previous debt. There is no way that I, as Chairman of the CRA or a member, will exceed
to the management request that the CRA now have to pay for the 108. The 108 was entered into by the City
on behalf of the CRA and it's very, very clear that what we're dealing with now is what I talked about in the
last -- the second to the last paragraph of the -- of my letter to the members of the Commission, that, you
know, what we've got to avoid is this very human temptation to withdraw resources and support for an entity
whose sole purpose is to enhance the City and to foster an improved quality of life for the residents and
businesses within the redevelopment end. And this is why the base year is so important. Because it will
provide the public with a measuring point by which this City Manager and this Mayor and subsequent City
Managers and subsequent Mayors, you can measure their commitment to the CRA area and this is the first
example. The City has always paid the 108. Always. Since time in memorial, since the first 108. If you get
the record. But today, what you're hearing is "No, we're not going to pay 108 anymore. We want you to
pay the 108." And so, once you start moving debt to the CRA, it means that the CRA doesn't have any
money. So, on one hand, they want to say, there's this misstatement, "well, we're going to give you the two
hundred, thousand dollars ($200,000), which was always yours anyway that we took away but, on the other
hand, we want you to pay -- what is the 108 loan? Three fifty? What's the 108? amount?
Ms. Warren: The total 108 amount is...
Commissioner Teele: No, the annual payment. The annual allocation is about three...
Ms. Warren: Three fifty.
Mr. Erdal Donmez: Four hundred and forty thousand dollars ($440,000).
Commissioner Teele: Four hundred and forty-seven thousand dollars ($447,000.). So, right before you...
Vice Chairman Plummer: Well, wait, wait, wait, Mr. Teele. Excuse me. I got a problem. She's saying
three fifty-seven and he's saying four forty.
Mayor Carollo: I'm sorry. For the record, sir, can we get your name and address for the record so that we
can have it established?
Ms. Warren: There's two loans.
Vice Chairman Plummer: Well, let's get the record straight, if we may. You know, I realize that it's only
money and it's only about eighty thousand dollars ($80,000.) difference but that's still a lot of money to me.
So, let's...
46 October 27, 1998
Ms. Warren: There's two loans.
Vice Chairman Plummer: No, I want to know he -- you're talking. I want to know what he's talking about.
Commissioner Teele: We're talking about the 108 loans.
Mayor Carollo: And I would like for him to identify himself on the record, please..
Mr. Donmez: Thank you, Mayor. Erdal Donmez, Development Coordinator for the Community
Redevelopment Agency. The figure I cited, four hundred and forty thousand dollars ($440,000) is the
Section 108 debt service, you know, for this particular fiscal year. Three hundred and fifty and fifty-seven
thousand dollars ($357,000.) is the debt service for the 1990 community redevelopment bonds, so there's...
Vice Chainnan Plummer: So, it's two different separate...
Mr. Donmez: Two separate, you know, payments, yeah.
Vice Chairman Plummer: OK. That wasn't said but I'm glad you clarified it.
Mayor Carollo: The eleven point five million, that was-- that bond issue was in 19...
Mr. Donmez: Nineteen ninety.
Mayor Carollo: Nineteen ninety. OK. Then, the 108 loan was for how much? If I remember...
Mr. Donmez: The 108 loan was approved for eight million dollars ($8,000,000) and the City has taken
down, so far, five point one million dollars ($5,100,000)
Mayor Carollo: Five point one million we've taken out of that?
Mr. Donmez: That's correct.
Mayor Carollo: That's what we're -- and that was to bring down the eleven point five million?
Mr. Donmez: That's correct.
Mayor Carollo: Now, on top of that, if my memory is correct, wasn't there some two additional million
dollars that we got from the county?
Mr. Donmez: We received two million dollars ($2,000,000) from Dade County in lieu of the property taxes,
you know, for the courthouse center property acquired by Dade County, which was about one half of, you
know, what we would have gotten, you know, had the property been on the tax roll, you know, for the
balance of the CRA's life.
Mayor Carollo: True, but the County Commission approved to buy that property for the County and that's
what they were willing to give.
Mr. Donmez: That's correct.
Vice Chairman Plummer: Mr. Mayor, if I may. What about the twentyfive million that this City backed the
bonds on? What we put on -- the twenty-five million that was multiplied out for housing. Nobody's talking
about that. Why? Hello. Am I calling collect?
Ms. Julie Weatherholtz: This is Julie Weatherholtz, the Finance Director. And you are correct. With the
1990 bonds, when they were issued, it was to refinance a previous loan of five point nine million, which was
used along with twenty-eight million of City funds and it was used to acquire and renovate real property
located within the redevelopment area. And those...
Vice Chairman Plummer: It was also for housing.
47 October 27, 1998
Ms. Weatherholtz: Yes, those particular items was a multi -family housing project. Arena Towers talks
about the Biscayne....
Vice Chairman Plummer: Being awful quiet about that.
Ms. Weatherholtz: ...View Apartments and then it also talks about Poinciana Village, is what those funds
were used for.
Mayor Carollo: So, from what I gather, we're talking, between the eleven point five million bond issued and
these additional dollars, we're talking around at least forty million dollars ($40,000,000.).
Ms. Weatherholtz: That's correct.
Mayor Carollo: Commissioner Plummer, he has to go.
Vice Chairman Plummer: Mr. Mayor, I'm sorry. I have no choice. People don't take the opportunity to
make an appointment to die. I've got to go to a funeral. I have no choice in the matter. I will be back here
at 3:00 and I'll stay here as long as you want to stay, if it's beyond 9:00 and we go to midnight, but I can't
make appointments for people to die. I'm sorry that I have to leave. Mr. Gort, I think will also be attending.
You know, Former Mayor Kennedy's former mother-in-law, Mrs. Degibarra, is passed away and the funeral
is at one o'clock. I'm not only a personal friend but I'm also the funeral director. Pat, you know that better
than I do. Mr. Mayor, I don't want anybody to think I'm sneaking out. I'm not. I announced prior to the
meeting starting this morning that I had to go to this funeral. And I'll be back at three o'clock and I'll be here
as long as you want to stay, OK. But now I've got to leave, Mr. Mayor.
Mayor Carollo: All right, Commissioner. Commissioner Gort, will you be also going now?
Commissioner Gort: I will stay... (inaudible)
Mayor Carollo: OK. Go ahead. If you can finish, please.
Ms. Warren: Mr. Mayor.
Mayor Carollo: Yes, go ahead.
Ms. Warren: I think the point that I would like to make is that whether it's twenty million or forty million,
the community needs resources. These resources have been provided over a series of years. I think our
efforts today is to make sure that additional resources are provided and accounted for, regardless of the
history. I think the administration firmly believes that additional resources and mechanisms that provide
those resources can be contained in this agreement. We should continue negotiations and we need to move
forward. And I think that, again, the amount of money, although it may be an issue here, today, I think the
real issue is that we need to be accounted for those monies. We need to provide an additional mechanism
for monies. And we need to make sure that the community receives those dollars and that's...
Mayor Carollo: I'm in full agreement.
Ms. Warren: And we're very close to an agreement. The issue of payment of the debt service, I think
Commissioner Teele has a point, that the CRA is a part of the City family and of what the City intends to do
is to build houses, to provide resources. We just need an accountable mechanism. We're not disagreeing. I
think what we need to do is get to the fine print to make sure that, in the future, these funds and resources are
there, accounted for and that any concerns about past years dollars, we can come to this Commission, tell
you what benefit they've been to the community, and what additional resources we need. But I would hate
for us to, at this point, start talking about what Overtown has received and forget what Overtown needs.
And I think this process is about providing for the future and it's a positive one. And I think we should go
forward and I'll be quiet now..
Mayor Carollo: Thank you.
48 October 27, 1998
Commissioner Teele: Mr. Chairman.
Mayor Carollo: Yes, Commissioner.
Commissioner Teele: Let me just be very clear. The words are very good but the numbers don't add up to
what was just said. We talk about additional resources but, at the same time, the management is
recommending that the CRA accept the burden of some four hundred and fifty thousand dollars ($450,000),
which we have never had the responsibility of taking. I mean, when you just put the words on one side and,
then, write the numbers down, at the end of the day, that discussion was that the CRA will assume
approximately four hundred and fifty thousand dollars ($450,000) of annual debt. And the point that I want
the Commission to understand is that I think that's an unreasonable request. I think it is inconsistent with the
history of the way the City has dealt with this debt since its inception and I think it's very important that the
Commissioners isolate on that issue and express to the Manager that we're not interested in shifting, on one
hand giving the CRA the two hundred thousand dollars ($200,000) that they have been denied and, on the
other hand, saying but you got four hundred fifty thousand dollars ($450,000) of new debt that you've got to
pay. That's just inconsistent with being positive and moving forward. So, I just want to make sure, if that's
the only budget issue, I would like to -- if that's the only budget issue, at least, I'd like to move the budget.
And let me tell you, Commissioner Gort, Commissioner Sanchez, Commissioner Regalado, why this is so
important. The CRA's principle funding has been to date through the community development process. The
community development process was awarded in May -- April, May, June time frame. We instructed the
City to enter into contracts with all of the agencies. The Little Havana activity centers. Contracts have been
entered into, I would assume, the St. Johns and Greater Bethel and everybody's got their contract. Guess
what? Six months later, seven months later, the CRA still doesn't have any an agreement with the City and
that means that even though the City awarded the funding for the CRA's annual program fund without a
budget, without an Interlocal Agreement, we're sitting here now for six months doing nothing and, at the
same time, I want to... at the same time, I would like to advise the members of the Commission that-- at the
same time, I would advise the members of the Commission that the CRA process of trying to ensure that
there's a close working relationship with the City has been tested very severely in these negotiations. So, my
position would clearly be, if the City has some other issues, then the City needs to put those issues on the
table. The CRA has no further issues. The CRA has a completed document, a completed budget on the
table and I would only ask that the Commission give the City an opportunity and let's set a special
Commission meeting. Let's come back and let's hold that Commission meeting in the community that is
affected, in the CRA area, within the next week or 10 days or whatever it takes the Manager to do and let's
resolve this issue, the open issues. Because I think -- we don't want to wind up negotiating through
Christmas. And I think that would be a fair process. Mr. Manager, I would hope you could agree to
something like that.
Mr. Warshaw: Absolutely. If that's the will of the Commission, by all means, Commissioner
Mayor Carollo: Commissioner Gort.
Commissioner Gort: Let me ask you a question. Do we need to have a CRA meeting also or not?
Commissioner Teele: Say again.
Commissioner Gort: Do we need to have a CRA board meeting?
Commissioner Teele: The CRA board, in its last meeting, approved the budget and further directed that the
Manager will review the budget and all changes made by the Commission would be adopted as an amended
budget by the CRA director at that time. I would think, legally, the CRA would need to come in and ratify
whatever decision that the Commission makes. I mean, it's a question of who goes first. But I think it would
be much better for the Commission to take an action.
Commissioner Gort: Commissioner Teele, I don't think I have any problem. I think the way it goes is, CRA
should approve it first and then, we can have the same meeting on the same night, where we can have the
CRA first and Commission right afterwards. We can do that. I think we need to do that. I think we need to
do it and take care of this matter. And let me tell you, not only do we need to do that in Overtown but one of
the things I talk about all the time within the City of Miami, we've got to bring all of our neighborhoods to
the same standards and we got to put the -- the access that we have, we have to put them in those
neighborhoods and we've got to work towards that.
49 October 27, 1998
Mayor Carollo: I'm in full agreement with your statements, Commissioner Gort and Commissioner Teele.
You know, one of the reasons that we've taken longer, I believe, are many of the things that were being put
in these agreements. For instance, one thing that was there, was out, I hope it's finally out, that I didn't agree
with, not because we don't have a responsibility to help all our different communities but, you know, if we
recently had a more excitable meeting than certainly this one has been, over the monies from the Of€Street
Parking lots, going to Gusman, then how can we, at the same time, try to get an agreement passed that had
two hundred and twenty-five thousand dollars ($225,000.) from the CRA go into Little Haiti? You know,
it's up to the City and other mechanisms to deal with that but if we're talking about finding a mechanism for
the CRA, then it is just as wrong to take money from the CRA and send it to one place as it is another and
that's one of the reasons, besides many others, that the administration and the City Attorney and others were
going through, why it took so long. And that one was a main area of contention, two hundred and
twenty-five thousand dollars ($225,000) that was going to come from the CRA and be spent in Little Haiti
for community training for jobs. Yes, Little Haiti needs that too but we have to find other mechanisms and
whatever dollars are going to be assigned to the CRA district and to Overtown have to stay there, not to be
taken to another community.
Commissioner Teele: Mr. Mayor.
Mayor Carollo: Yes, sir.
Commissioner Teele: You owe an apology, which you will not give, to the citizens of this City and,
particularly, to citizens of Little Haiti and Overtown. Because this is a classic example of what Mr. Willie
Lynch in 1600's has brought up from the Virgin Islands to give a meeting-- a seminar to slave owners in
Virginia about how to control slaves. And what Mr. Lynch said was, "you have to pent one group against
another. You have to pent the young against the old. You have to find the light skinned and pent them
against the dark skinned. You have to find people who speak one dialect and pent them against the others."
Now, let me tell you...
Mayor Carollo: Well, Commissioner, if you want to hide behind that, Commissioner-- isn't this what you
have been doing...
Commissioner Teele: Let me just tell you this.
Mayor Carollo: ...all along, Commissioner? Isn't this what you have been doing? The old saying,
Commissioner, desperate people do desperate things. You have been, sir, the prime example of that.
Commissioner Teele: The point that...
Mayor Carollo: And I resent that every time...
Commissioner Teele: I'm sure you do resent it.
Mayor Carollo: You attack me. You attack everyone.
Commissioner Teele: I'm sure you do resent it. And you would speak...
Mayor Carollo: And you talk about trying to set people apart, when you've even attacked and you try to
put...
Commissioner Teele: Mr. Mayor, let me....
Mayor Carollo: ...black women against black men from this administration. That's outrageous,
Commissioner.
Commissioner Teele: Yes, Mr. Mayor.
Mayor Carollo: And I resent -- I resent very much....
50 October 27, 1998
Commissioner Teele: I'm sure you do, Mr. Mayor.
Mayor Carollo: ...that you're trying to do that to me now, today
Commissioner Teele: I'm sure you do, Mr. Mayor.
Commissioner Sanchez: Hello, hello.
Commissioner Gort: Excuse me.
Mayor Carollo: Yes, I do, Commissioner.
Commissioner Gort: Excuse me. Gentlemen.
Commissioner Teele: But you just got caught doing the Willie Lynch deal. (Applause) And the point is...
Commissioner Sanchez: There must be order here.
Commissioner Teele: And the point is, the record will speak for itself.
Commissioner Gort: Commissioner?
Commissioner Teele: The record will speak for itself.
Mayor Carollo: It certainly does, Commissioner.
Commissioner Teele: The board of City Commission approved a one million dollar ($1,000,000)
commitment to Little Haiti as a part of the normal CDBG process. It earmarked two hundred and fifty
thousand dollars ($250,000) for the first year to develop and design a redevelopment type of unique activity,
much like Parrot Jungle, much like the kinds of redevelopment activities that would take place within the
redevelopment area. The category -- and the transcript will speak for itself-- is a job creation plaza in Little
Haiti of one million dollars ($1,000,000). And what the board of City Commission voted to do was to
designate the redevelopment authority to conduct that program on behalf of the City because that program is
very similar to the kinds of activities we're going to do within the redevelopment area. It's a wellknown
fact, quite frankly, that one member of the CRA staff is primarily the consultant to every Gucci wearing
lawyer on Brickell and Biscayne Boulevard for redevelopment activities all over this city and he does an
outstanding job. I've had Marti Fine, Bob Traurig and many, many other lawyers, including the owner of
the Parrot Jungle, Mr. Levin, to comment that they would not be able to do their job as effectively as they've
done it were it not for the resources contained within the CRA and one particular staff person. My position,
Mr. Mayor, is very simple. And the record will speak for itself. These are not CRA funds. These are City
of Miami funds, that this Commission voted, unanimously, to put into Little Haiti one million dollars
($1,000,000) over a four year period of time; two hundred and fifty thousand dollars ($250,000) per year,
using the CRA staff and resources as the conduit and as the catalyst and as the coordinator to facilitate that
activity. It is absolutely important that the kinds of resources that are available to Mr. Levin in Parrot
Jungle, to Mr. -- to the people who did the Freedom Tower activity, that did not pass, to some of the other
activities in the Grove, that those same kinds of quality Ph.d, Harvard, MBA, Yale business resources be
available to the people, not only in Overtown and Liberty City but also in Little Haiti. This is not about
taking CRA money out of Overtown and putting it in Little Haiti. It's about using the mindset and the
resources and the expertise that is going to be available in Overtown, to make it also available in Little Haiti
and that's what that's about, Mr. Lynch. (Applause)
Commissioner Gort: Commissioner Teele.
Mayor Carollo: And on that point, Commissioner, on the expertise, you've made my point. The expertise
lies in community development in the City of Miami. The expertise lies in the City Planning Department.
That's where we have the dozens and dozens of employees. The resources to be able to accomplish so much
more. And, Commissioner...
Commissioner Teele: They haven't done it in 20 years, Joe.
51 October 27, 1998
Mayor Carollo: Done it in 20 years, Commissioner?
Commissioner Teele: They haven't done it in 20 years.
Mayor Carollo: Commissioner, see, this is the point that -- you know, all of a sudden you're bringing up
things about Overtown that have become...
Commissioner Teele: It bothers you, doesn't it?
Mayor Carollo: No, no. What bothers me is, sir -- what bothers me is, frankly, that now is the time that
you're bringing it up. When you were in a position to truly do it, you didn't do anything about it. For
instance...
Commissioner Teele: Joe, there were two million dollars ($2,000,000)...
Mayor Carollo: No, no, sir. I let you ... I let you speak.
Commissioner Teele: ...that the City got from me. The two million dollars ($2,000,000) that came from the
County came from me.
Mayor Carollo: Commissioner, let me finish speaking.
Commissioner Gort: Commissioner.
Mayor Carollo: I'd let you attack me...
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Commissioner, let me speak.
Commissioner Teele: Contrary to what you want to say, I was never the City Commissioner. I was the
County Commissioner.
Mayor Carollo: Let me speak, Commissioner.
Commissioner Gort: Mr. Mayor.
Commissioner Sanchez: There has to be order in this meeting.
Commissioner Teele: And the County is not responsible --
Mayor Carollo: Let me speak, Commissioner.
Commissioner Sanchez: There has to be order in this meeting.
Mayor Carollo: Commissioner, let me speak.
Commissioner Teele: The County is not responsible for urban redevelopment. The City is.
Mayor Carollo: See, it's funny, Commissioner, how all of a sudden so many things became important only
in the last few months. Only in the last few months, Commissioner, is when all this has become important.
Now, you talk about the letter that you send to the County Commission. If we're going to try to get funds
truly to help Overtown, to help the City of Miami, we have to work together. Because what was being said
before about one district and the other, that applies to the whole city. What affects one part, affects all of us.
At the same time, Dade County government is very important. They have a tremendous amount of
resources. Four point two billion dollars ($4,200,000,000). We have less than three hundred million dollars
($300,000,000) in our budget. And the last thing we want to do is to put them in a situation where we're not
working with them. That we're putting them in an awkward situation where, instead of stretching the hand
and working with them, we're being confrontational with them. There was a letter that you sent, as
52 October 27, 1998
Chairman of the CRA Board -- I don't know if the other members have seen it. If it was approved at any
meeting -- to the County Commission, asking of the County Commission to give additional dollars to the
CRA for the Courthouse Building that was bought by the County because, rightly so, when that building was
bought, the CRA lost dollars that would have been coming. There was an agreement, after it was bought,
that the County gave the City of Miami two million dollars ($2,000,000), which was one percent of or less
than one percent than what the CRA would have gotten throughout the remaining years of the CRA, if the
County would have been paying for that. But it's funny, Commissioner, you know, instead of talking to me
to talking to some of your former colleagues, there so that we could all sit down and do it in the proper way
that colleagues should do things with one another, we sit down with the County administration, our County
colleagues to find a solution that we're all working together, you do it in a way that you want to embarrass
your County Commissioners. And then, you know, see, the funny thing is that, when you were in that
County Commission, you were the one that made the motion to buy that building and, then, when Herb
Bailey, the former Executive Director, came before the County Commission, he was listened to and,
basically, nothing else was done. And then, finally, the two million dollars ($2,000,000) is all that was
given. But, at that time, when you could have done something about it and when you were Chairman of the
County Commission, nothing was done. And this is why I resent this show that you're trying to make now
because....
Commissioner Teele: It's pretty obvious. I'm a City Commissioner now.
Mayor Carollo: If truly...
Commissioner Gort: Mr. Mayor. Mr. Mayor.
Mayor Carollo: You should have —you know, all these things that you're bring up now, Commissioner, why
weren't they brought forward some months ago when you first came in?
Commissioner Teele: You want me to answer your question?
Mayor Carollo: You know, it seems that -- you know....
Commissioner Teele: Would you like for me to answer you or you want to just talk?
Mayor Carollo: It seems...
Commissioner Gort: Mr. Mayor, you know, I apologize. I should have left at twelve o'clock. I'm staying
here. I think, if you all want to have a debate later on, you could have a debate, the two of you, and you can
argue those points. My understanding is, as staff has stated, that there's very little to accomplish what we
want to accomplish and we're all saying, let's have an additional meeting within a week, in the evening,
where we can have all these -- give the staff the opportunity to continue to work with the CRA and come
back with some conclusions so we can vote on it. Is that my understanding?
Commissioner Teele: Mr...
Mayor Carollo: We'll readjourn, Commissioner, when you're done with that, at 3:00
Commissioner Gort: OK.
Mayor Carollo: We'll re -adjourn at 3 p.m. Thank you.
Commissioner Teele: Mr. Mayor.
Mayor Carollo: Yes.
Commissioner Teele: I know you're going to leave but I want to just clarify one thing. The two million
dollars ($2,000,000) payment was made -- the motion was made by me. The CRA staff had no knowledge
that I was going to do it. The basis of it -- I moved for four million dollars ($4,000,000). You will get
memorandums and I will request the Manager to get the budget memorandums issued by the Budget
Director, Dr. Morris, who violently objected. He said there was no precedent to giving the CRA that kind of
53 October 27, 1998
money. It was an unprecedented two million dollar ($2,000,000). I requested four million dollars
($4,000,000) and the four million dollars ($4,000,000) represented the full value, not one percent of the
value. So, two million dollars ($2,000,000) was the value. The memorandum that went forward to the
County requested the additional two million dollars ($2,000,000), which I left on the table over there before
I left, and so I want you to understand that Mr. Bailey, quite frankly, unfortunately, wasn't even present
when the decision was made. The Manager and the Budget Director strongly objected to the two million
dollars ($2,000,000) and the two million dollars ($2,000,000) was made on a motion by myself. Thank you,
Mr. Mayor. I want the record to be corrected.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:26 P.M. AND RECONVENED AT 2:58 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE
PRESENT, EXCEPT COMMISSIONER TEELE AND
COMMISSIONER GORT.
[NOTE FOR THE RECORD: Commissioner Regalado recognized Simon Ferro, US Ambassador to
Panama]
Commissioner Regalado: The United States Ambassador, Ambassador to Panama, Dr. Simon Ferro.
(Applause) You know, the President couldn't have made a more perfect choice for Panama than Simon
Ferro.
Vice Chairman Plummer: I've already offered my condolences.
Commissioner Regalado: It's nice. Good food, good food, good weather.
Vice Chairman Plummer: All right. I hear you. Mr. Regalado, do you have any pocket items that you'd like
to get out of the way?
Commissioner Regalado: Yes, sir.
Vice Chairman Plummer: Waiting for the rest of the Commission. Let's see if we can eat up some of the
time. Mr. Sanchez, do you have pocket items?
Commissioner Sanchez: No, sir.
Vice Chairman Plummer: Thank God.
54 October 27, 1998
Commissioner Regalado: I have one. It's been approved by Public Works and the administration.
Vice Chairman Plummer: Excuse me for one minute. Ladies and gentlemen, this Commission is in session
and I would ask for your indulgence to keep the decorum that is necessary so that everybody has the same
opportunity to hear. Mr. Regalado.
Commissioner Regalado: I have one here. It's -- as I said, it's cleared by the administration and by Public
Works. It has to do with a motion that will temporarily close 35th Avenue, between West Flagler Street and
West Flagler Terrace on November 21, 1998, between the hours of 5 p.m. and 11 p.m. I have the signatures
of the merchants in the area and the neighbors. It's all approved and it's just a festival.
Vice Chairman Plummer: Is that in your district, sir?
Commissioner Regalado: Yes, it is.
Vice Chairman Plummer: Do you make the motion?
Commissioner Regalado: I make the motion.
Commissioner Sanchez: So second.
Vice Chairman Plummer: Does Mr. Sanchez second? All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposition? Show unanimous.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 98-1066
A MOTION GRANTING REQUEST RECEIVED FROM CASA DE
ALABANZA CHURCH TEMPORARY CLOSURE OF 35 AVENUE
BETWEEN WEST FLAGLER STREET AND WEST FLAGLER TERRACE
ON NOVEMBER 21, 1998 (BETWEEN THE HOURS OF 5 P.M. AND 11
P.M., FOR THE PURPOSE OF SAID EVENT).
55 October 27, 1998
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort
Commissioner Arthur E. Teele, Jr..
19. APPOINYBILL BAYER TO MIAMI SPORTS AND EXHIBITION AUTHORITY.
Vice Chairman Plummer: You have another one?
Commissioner Regalado: Another -- oh, you will like this one. Another pocket item is that I would like to
appoint Bill Bayer to the Miami Sports and Exhibition Authority. There's no need for any paperwork. It's
just on the record to say that...
Vice Chairman Plummer: Mr. Sanchez seconds the motion. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Show unanimous ballot.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-1067
A RESOLUTION APPOINTING BILL BAYER TO SERVE AS A MEMBER
OF THE MIAMI SPORTS AND EXHIBITION ("MSEA") 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 Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort
Commissioner Arthur E. Teele, Jr.
[AT THIS POINT, COMMISSIONER TEELE ENTERED THE COMMISSION CHAMBERS AT 3 P.M.]
20. ACCEPT DONATION OF 30 DATE PALM TREES FOR WATSONiISLAND.
Vice Chairman Plummer: I have one that's really nice and that is a resolution authorizing the City Manager
to accept the donation of thirty Senegal Date Palm trees from the Montgomery Botanical Center valued at
approximately two hundred thousand, to be relocated and planted on Watson Island at no cost to the City for
future use at the Parrot Jungle and Gardens on Watson Botanical Garden Attraction. I so move.
Commissioner Sanchez: So second.
56 October 27, 1998
Vice Chairman Plummer: Second. Any discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: OK.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-1068
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE
DONATION OF THIRTY (30) SENEGAL DATE PALM TREES FROM THE
MONTGOMERY BOTANICAL CENTER, VALUED AT APPROXIMATELY
$200,000, TO BE RELOCATED AND PLANTED ON WATSON ISLAND AT
NO COST TO THE CITY FOR FUTURE USE AT THE PARROT JUNGLE &
GARDENS OF WATSON ISLAND BOTANICAL GARDEN ATTRACTION.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Gort.
21. COMMISSIONER SANCHEZ APOLOGIZES TO CABLE 9'VIEWERS FOR (MORNING
DISCUSSION DURING COMMISSION MEETING.
Commissioner Sanchez: Mr. Vice Chair, if I could just have a moment.
Vice Chairman Plummer: Yes, sir. Excuse me. Just waiting for Mr. Gort and I don't know if the Mayor is
going to be back immediately or not. We don't know so we'll go ahead and proceed.
Commissioner Sanchez: I would just like to take a moment here and basically apologize to all the viewers
on Channel 9 and everybody that's been here today with the -- what has been shown here, today on the
Commission as an act that I don't think is well accepted when this City is trying to do just about everything
and clean up its image. I don't think it's really good for our image to see this bickering going on up here in
the Commission between our Mayor and a Commissioner. You know, it's not-- it seems -- it really sends
the wrong message when we're trying to do everything we can to rebuild this City and clean our image that
we have to get to a point where we have to display ourselves and sometimes it may not be seen as an
unprofessional manner but it just leaves a sour note in the people that out there. You know, I was sworn in
today. One of the things that I asked for was that, you know, everybody put their differences away and
really try to work hard to really improve our community. And I -- you know, I commend Commissioner
Teele. It's an experience for me to sit next to him and learn from him because he has so much knowledge of
what it takes to really get things done. But when we display these things, it just sends out the wrong
message to a community that's, right now, rebuilding from scandals and corruption charges and all kinds of
things. So, it's something that really concerns me. I would really love to see-- if we're going to be doing
these things, I don't think it should be done in the public eye or when we have people that are here in the
Commission. I think it should be done in public, where we would waive the Sunshine rules or find a way to
do it. But, you know, it just -- as a Commissioner, I just would like to apologize for the actions that were
taken up here, today, in this Commission.
57 October 27, 1998
Vice Chairman Plummer: Is it so noted for the record
Commissioner Teele: Mr. Mayor. Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, I accept Commissioner Sanchez' words of concern in the spirit that
they're offered. I thoroughly enjoyed getting to know Joe Sanchez and I think he's speaking sincerely from
the heart. But, Joe, I'm going to tell you. There's two or three sides of this thing that really-- you know, I
served as Chairman of the County Commission. I was responsible for decorum and trying to run the
meetings and preside and I think -- you know, I'll put my reputation as a Chairman and a person who
maintains order and decorum as much as anybody but let me tell the one thing I never did as Chairman.
When I saw a Commission or Commissioner -- and Commissioner Javier Souto comes to mind immediately
-- when I saw someone who was being abused by either the Manager or the system, I not only helped them,
I encouraged them. And I'll give you a classic point. When the Performing Arts Center's discussion for the
funding had been on the agenda and the entire city fathers and mothers were descending on us, there had
been a "Herald" editorial that the Commission should act and Commissioner Souto said, "these people have
disrespected me. They never would come and meet with me. I asked them to come." He says, "and
Commissioner Teele, I just have one vote and I realize there may be 10 votes here." And ParkerThompson,
who is one of the greatest men I've ever met said, "we cannot afford to defer this matter another meeting."
And I said, you will defer this matter because you will never disrespect any Commissioner who serves here.
Vice Chairman Plummer: They stand up and take notice that way.
Commissioner Teele: I want you to know that what is happened is totally, totally unnecessary and
avoidable. All the Manager and management had to do was recognize that this Commission voted in
November to stop the theft of the funds from Overtown from the parking. It was voted on. It was discussed.
It was debated. And I said in November -- Mr. Clerk, you can get the transcript -- that I don't want to look
at what the City has done in the past. Let's look to the forward. This was in November of'97. I was sworn
in in November. I said, but let me just say this to you, Mr. Mayor -- Mr. Manager, that if this budget is
constructed in'99, this past October, with these funds not being properly allocated to Overtown, you will pay
-- you will have a difficult time with me. The night of question when this issue came up and the Manager
called this a sneak attack, he said that this was something that he had no knowledge of. When, in fact, Clark
Cook had briefed his staff for two weeks on this matter. When he— and, then attempted to totally off scate
the issue by saying, "I'm not certain that this isn't going to affect the two million dollar ($2,000,000) revenue
sharing that we've agreed to as it related to the recovery plan," when, in fact, he knew for a fact that this had
nothing to do with the recovery plan. And then, when the Mayor came in that day and said, "well, we need
to have an investigation of the CRA and we need to look at how the money has been sent." The same thing
that Mr. Jones was here saying. The Mayor said this that morning of the budget hearing. It became very
clear to me that, if we're going to put an end to this abuse of a community, somebody's got to draw the line
and I got to tell you, Joe, as long as the Manager and the Mayor sit back and do the little silly games they're
doing and conspire to try to...
Mr. Warshaw: I take strong exception to that.
Commissioner Teele: You have every right to
Mr. Warshaw: I never conspired to do anything and I resent your name calling
Commissioner Teele: You have every...
Vice Chairman Plummer: Whoa, whoa.
Commissioner Teele: As long as...
Vice Chairman Plummer: Wait, wait, wait. Wait, wait
Mr. Warshaw: Don't talk about conspiring.
58 October 27, 1998
Commissioner Teele: As long as the Mayor and the Manager sit around and conspire to undermine the CRA
by reassigning staff, by playing games -- look, Joe, you heard this lady come down here today and talk about
four hundred thousand dollars ($400,000), Joe. Do you know how much money the City of Miami has got
of CDBG money that they haven't figured out which end is up and which end is down and how much money
is somewhere in the system; of money that needs to be allocated? Forty million dollars ($40,000,000).
Forty million dollars ($40,000,000). There has not been one grant closed out from the year one of CDBG
funding to this date, which is year 25. Not one grant has been closed out. The Federal auditors, the
Treasury, the OMB (Office of Management and Budget), have all agreed that there is fort} -four million
dollars ($44,000,000) of CDBG money in the City, which the Oversight Board, the Mayor, the Commission,
have never even had a chance to figure out. And I've got a solution for that in November but this is the only
point I want to make, Joe. I respect what you're saying. I don't — look, I'd like to do this outside of the -- I'd
like to do this outside of a public forum in a public debate but this Manager is going to have to figure out
who he works for and if he were a lieutenant in the Police Department, he -- a Major in the Police
Department, he wouldn't let a lieutenant talk to him the way he talks to me. If he were the Chief of Police,
he wouldn't let a sergeant talk to him the way he's talking to me.
Vice Chairman Plummer: All right, all right.
Commissioner Teele: He is -- no, no, no, no. Mr. Chairman, he is the Manager.
Vice Chairman Plummer: No, I'm asking for them to give you the courtesy to let you finish.
Commissioner Teele: He is the Manager and we are the Commission and each one of us are one fifth of
this Commission. Each one of us are elected by the people. And the last time I looked in the Constitution of
the United States, the people, not the Mayor, not the Manager, not the administration, not the Commission,
the people have the right to speak and be represented by a Commission. I am elected and I will represent the
people that I serve and this Manager, particularly, needs to understand that while this Charter is extremely
confusing -- it is confusing -- he works for the Commission and the Mayor. He is appointed by the Mayor
but he reports to the Commission. And I dare say that there is not a sergeant in the Army, the Navy, the
Marines or in a Police Department would talk to his superiors the way this Manager has talked to me and I'm
not going to take it either. (Applause)
Vice Chairman Plummer: All right. This is not an amateur hour. Applause is not-- the Manager has the
right to reply and I so move that he have that right.
Mr. Warshaw: Thank you, Mr. Chairman. Let me say a couple of things. Number one, the CRA, prior to
Mr. Teele being here -- this is nothing to do with Commissioner Teele -- over the last 10 or 15 years has
been the most mismanaged organization in the City's history and because of that, there are tens of millions of
dollars that was supposed to have gone to Overtown that are unaccounted for and the reason today that the
staff, led by Gwen Warren, Dena Bianchino, is asking for, at our request, not the CRA's request, a
cooperation agreement to ensure the residents of Overtown and the public, that every single dime will be
accountable and if any of you are in business and you have agreements with other people you do business
with, you memorialize them in some way in writing. This has never been done in writing and the City of
Miami has been severely criticized by the Federal government and the HUD (Housing and Urban
Development) audit has brought tremendous numbers of improprieties. And I appeal to every one of you to
understand, I'm new at this job but I can tell you right now, that there is not going to be one dollar going
from me under my signature, unless I know that I can stand up and say that those dollars are accounted for.
Now, let me tell you about the forty or fifty million dollars ($40,000,000). There are some fifty million
dollars ($50,000,000) that the City of Miami is planning for this Spring to bring forward to the public and
there is a process prescribed by Federal Law, where the public will come here, community -based
organizations, and compete or request for the use of those funds. That's not a decision made by Donald
Warshaw. That's a decision that's made by this Commission. And those monies will come probably some
time in April or May and the Commission will have the right, legislatively, to dispense those monies as they
see fit. And I want to tell you again, Commissioner, for the record, I have never spoken to you
disrespectfully. That's number one. And number two, I tell you today, on October 27, 1998, I still, to this
day, have never seen the CRA budget, nor has any member of my staff. Now, the CRA has an executive
director and all these other off -shoot organizations, like DDA (Downtown Development Agency) and the
Bayfront Park Management Trust and the ITB (International Trade Board), their executive directors
submitted those budgets in the September budget hearing. The CRA did not submit a budget. I am not lying
59 October 27, 1998
to you. My staff is not lying to you. I resent the fact that you have called Gwen Warren, Dena Bianchino,
John Buhrmaster, and other people on my staff, City employees, by names that I consider to be insulting to
them. These are honorable people who have served the City for many, many years and you should be
ashamed of yourself for calling them names.
Commissioner Teele: I'm not ashamed...
Mr. Warshaw: In your capacity.
Commissioner Teele: ...to defend myself as a Commissioner and you should be ashamed for having John
Buhrmaster discuss with Ardel Martin....
Mr. Warshaw: He has never spoken to Ardel Martin.
Vice Chairman Plummer: Gentlemen, gentlemen.
Commissioner Teele: ... matters relating to my wife and my family.
Mr. Warshaw: He has never ever spoken to Ardel Martin and that's a basic insinuation.
Commissioner Teele: Whose budget is he on?
Mr. Warshaw: I'm sorry?
Commissioner Teele: Whose budget is he on?
Vice Chairman Plummer: Gentlemen, excuse me.
Commissioner Teele: Whose budget is he on?
Vice Chairman Plummer: I am about ready to call a recess of this Commission.
Commissioner Teele: J.L., let me tell you something. You can do what you've got to do but I'm going to do,
with all due respect, J.L., what I have to do.
Vice Chairman Plummer: Arthur-- absolutely, but we're going to do it as gentlemen.
Commissioner Teele: Chief-- Mr. Warshaw is...
Vice Chairman Plummer: We're going to do it as gentlemen.
Commissioner Teele: Mr. Warshaw is totally mistaken.
Vice Chairman Plummer: You can disagree with Mr. Warshaw and you can be a gentleman.
Commissioner Teele: The memorandum...
Vice Chairman Plummer: And I'm going to tell him he can disagree with you but the two of you are not
going to take this Commission down the drain.
Commissioner Teele: Mr. Warshaw is mistaken.
Vice Chairman Plummer: Now, you want to talk? You talk. And do it in a gentlemanly manner and I'll
chastise him if he talks out of line and, likewise, if he does to you, I'll call him out of line.
Commissioner Teele: Thank you, Mr. Chairman. I'll yield to Mr. Commissioner Sanchez.
Commissioner Sanchez: Please, you know, this is the example that we're laying. I mean, people are
watching us on TV. You're here.
60 October 27, 1998
Commissioner Teele: He's lying, Joe. I mean, the man is just
Commissioner Sanchez: I understand, but it's...
Commissioner Teele: ... totally telling a lie.
Commissioner Sanchez: ...the wrong perception of the people that have put us up here to represent them.
Listen, I respect your opinions. Both of you, probably, have your opinions and your argument but you know
what, this is not the professional way to do business. This is wrong. It sends out a bad image that we fight
among ourselves here and it's not right. Listen, I have the utmost respect for you, Commissioner Teele.
You fight for your district, just like I do. And you know what, I would never in my mind come up and say,
you know what, Overtown has never been lied to, raped or cheated. Yes, they have. So has my district,
OK? And I commend you for standing up. But you know, there has to be accountability. There has to be a
process. We're adults here. We're professionals. The people have chosen us to represent them. I think that
we can do it in a tone of voice that's professionally. We don't have to insult each other. We don't have to
call a cheater, a liar, a thief. These are things that are not acceptable. You don't see this in government.
This is, like you said -- you told me once. You said, this is the Politics 101. Listen, I'm ashamed to be up
here and have to listen to this. It's wrong. I mean, there are ways that we can find a solution to our problem
and not send the wrong image. Our image, of right now, is in the gutter. Let's not continue to push it down
in the gutter, you know. Let's do something productive
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: If I may. I'm just...
Vice Chairman Plummer: No more gasoline on the fire.
Commissioner Regalado: No, no, it's not about gasoline. It's about perception.
[AT THIS POINT, COMMISSIONER GORT ENTERED THE COMMISSION CHAMBERS AT 3:15
P.M.]
Commissioner Regalado: I am not ashamed of being here. I think that interaction is a good thing. I think
that when a situation has been dragging for so many years, you know passions arise. But I just want to say
to the people here and to the people watching and to the media, that the bottom line is that this Commission
makes the decision and this Commission is on record saying that we're going to do right for Overtown; that
we're going to do right for the City of Miami; that we're going to do right for this District 3, District 4,
District 1, District 2. Because this is what we are here for. If there is a heated exchange, well, you know,
sometimes you need some passion in the discussions because the issues are so important. I mean, we're not
playing with Barbies here. We're dealing with a lot of money and a lot of lives that are at stake here. So,
you know, I trust the Manager. I think that he's doing the right thing for the City. And I really trust
Commissioner Teele. He's doing the right thing for his district and for the City of Miami. So, you know,
excuse me if I don't agree with Commissioner Sanchez. I think that sometimes things like this are healthy,
but the perception that you may be getting is that there is problems to get things done and this is not the case.
We're going to get it done. You know, after the dust settles, we're going to vote and we're going to do the
right thing. That's all I want to say.
61 October 27, 1998
Vice Chairman Plummer: Discussion and personal appearance. Off -Street Parking representative
concerning the status of revenue diverted from the Arena Parking Lots $57 and 60. Who is that
representative?
Commissioner Gort: Where are we at?
Commissioner Teele: Mr. Cook.
Vice Chairman Plummer: Item C of Item 15.
Commissioner Teele: Mr. Clark Cook.
Vice Chairman Plummer: Mr. Teele.
Commissioner Regalado: We didn't vote on Item A.
Commissioner Teele: Mr. Manager-- Mr. Chairman.
Vice Chairman Plummer: Yes, sir.
Commissioner Teele: I want to, again, pass out a document dated September 22nd, signed by the director of
Community Development, Gwendolyn Warren, to Donald H. Warshaw, the City Manager, in which the
budget is attached. And I just want to read into the record so that the truth is very clear, notwithstanding Mr.
Warshaw's statements. "As a result of our recent discussions on the Community Redevelopment Agency,
62 October 27, 1998
you asked that I delineate the operations of the agency and address my concerns." And it goes on to talk
about the budget. It specifically contains the budget analysis as attachment to the Community
Redevelopment Agency Budget Analysis, as it's entitled, and, of course, it goes on. "The budget analysis
that was done essentially within two percent is the budget that is attached to the interlocal agreement."
Again, Mr. Warshaw is either lying or he's misstated in the fact that he had never seen the budget because
the budget memorandum states that you -- that Gwendolyn Warren and he discussed the budget.
Mr. Warshaw: I mean, I'm sorry. You know, lying, thieves, rapists.
Commissioner Teele: Or misstated, either one of the two and you can take your choice. But the fact of the
matter is, you...
Mr. Warshaw: You should be ashamed of yourself for talking like that.
Vice Chairman Plummer: All right. Excuse me.
Commissioner Teele: You had the budget. Your staff did an analysis of the budget. The budget...
Mr. Warshaw: We've never had the budget and Ms. Warren will explain to you we didn't have it.
Vice Chairman Plummer: Would you let him have the floor, please?
Commissioner Teele: The budget was passed and this -- these comments were passed on to The Herald
Editorial board by your staff and The Herald Editorial board has told me that, based upon your review of the
budget or what you proported to them was your review of the budget, that you had concerns about the
CRA's ability to manage the program. Now, that's -- and the editorial will speak for itself. The Editorial
board members can speak for themself and this document speaks for itself
Vice Chairman Plummer: Miss Warren, would you like to respond?
Ms. Warren: Yes, sir.
Vice Chairman Plummer: You don't want to but you're going to.
Ms. Warren: Well, my response is pretty simple. At a previous Commission meeting, I was handed a
one -page document. It had CDBG budgetary information in it that was awarded to the CRA. I think it was
a couple of weeks after the Manager had been appointed. He was not familiar with the subject. We
discussed CDBG, the CRA, ways of funding it, what monies had been given to them thus far, and he wanted
me to do a summary of any financial awards this Body had given to the CRA based on that document. I,
then, provided him the source data in terms of when the Commission had allocated funding and gave him a
break down of what that funding was for. In that same piece of paper that was pass — that I was given, there
was some indication in there that-- about their 23rd year monies and the new monies that you had awarded
and I told him what they were to be used for. And that's the matter that we're referring to.
Vice Chairman Plummer: Thank you, ma'am.
Commissioner Teele: Mr. Chairman, if I may.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: If I may respond.
Vice Chairman Plummer: Yes.
Commissioner Teele: I would ask the Commission -- you know, the public is important but I've got to
convince the four of you as to what's really going on here. And I think you all need to just take a minute and
reflect. Did we not meet as a CRA board right here? Was not the Manager's Assistant Manager, Dena
Bianchino and Ms. Warren right here? Did we not pass out a budget? And did we not vote on that budget?
Was not the Clerk here? Mr. Clerk, can't you provide the Manager with a copy of this mysterious budget
that has been stolen by aliens or something, according to him? I mean, can't we just go into the City record?
63 October 27, 1998
We did all of that right here. Now, Commissioners, this is an example of what I'm talking about. Look, let
me break the code. When the Oversight Board was created by you all in 1997, one of the details -- one of
those little sticky details that nobody noted was that Mayor Carollo proposed and eliminated the CRA and
made it an agency of the Manager, OK? That went before the five -- that went before the Oversight Board
and that was in the FY-97 Five -Year Plan. It was approved. During the period of time when Mayor Suarez
was Mayor, we sat down, we negotiated, we went over all of these things that Commission - Mayor Carollo
has talked about, the need of accountability, the need of program direction. But there was one thing that's
very clear. The CRA has been funded for the last five years to fail. Because all they have is enough money
to pay staff and keep their doors open. There have been no capital projects and dollars coming from the
CRA. And I'll just pause for a minute. Ms. Warren, does your records sort of reflect that to be partially true
or fully true?
Ms. Warren: My records reflect that -- again, I only represent Community Development or CDBG. My
records reflect that we have funded staff positions.
Commissioner Teele: But no capital activities to talk about over the last five years?
Ms. Warren: Not to -- again, I would like to clarify, Community Development.
Commissioner Teele: Community Development, and no other money's been put in. The only general fund
money that has gone out, has gone to the Bayfront Trust and some of these other activities and I don't
quarrel with that. The point is this, the City has funded the CRA to the tune of about six hundred to seven
hundred thousand dollars a year. Ninety percent of which has gone for staff and fringe benefits- In addition,
the City has made the 108 payments and the bond payments or assisted the CRA in making them. So, the
City has been with the CRA to the tune of one point two to one point four million dollars. And Mayor
Suarez -- and we sat down and discussed this. We, then, agreed with the guy who's now in Homestead, the
Assistant Finance Manager that was brought here under Ed Marquez. What was his name?
Ms. Warren: Bob Nachlinger.
Vice Chairman Plummer: Nachlinger.
Commissioner Teele: Bob Nachlinger. And we all had a big meeting with the various Assistant Managers,
the parties that be at that time, the Community Development. We agreed that the Community Development
fund -- the redevelopment function needs to be given new life and new energy and, in that regard, in that
spirit, the Mayor at that time, Mayor Suarez, commendably and courageously moved to make the CRA, to
restore it to its original status as a quasi independent agency and it was approved. It was submitted to this
board. It went to the Five -Year Plan for the Oversight Board and that has been the status. Now, you heard
very carefully -- and I want you to listen to what Mr. Warshaw just said. What he basically said is, we're
going to bring the money up, the forty million dollars ($40,000,000) of money up, and we're going to let
every community -based organization know where the money's going to go and you'll get to compete for the
money and all that. This is a little more of Willie Lynch, Part II. You see, what the City should be saying is
that we're going to take that forty million dollars ($40,000,000) and we're going to deal with the public
infrastructure, the parks, the roads, the redevelopment activities of this City. We're not going to put another
dollar out there for the CBO's, except for an extraordinary need. But what Warshaw -- listen, go back and
get the record. What he said is, we're going to let the CBO's come in and get it. That's the way City Hall
has....
Vice Chairman Plummer: Just let him finish.
Commissioner Teele: Has been run. And if the City -- if this Commission were to say, we want to fully
fund the CRA today, you could basically instruct the Manager to prepare the unused CDBG funds to the
tune of twenty-five million dollar ($25,000,000) as it becomes available and fully fund the CRA for the next
five years. You would have to have a public hearing. You would have to go through the notice process.
But we have that authority. And the point is this, I'm not asking for that because, quite frankly, I think there
are some park issues and some road issues that need to be dealt with. We've got roads in this city that look
like a third world city. But the one thing I think that we ought to agree on, is that we don't want the Manager
to come back to us with this CBO raffle because every CBO in the city is going to come in and what's going
to happen is, the money is not going to go where the need is greatest. The Public Works Department already
64 October 27, 1998
has identified over seventy-five million dollars ($75,000,000) of critical roads and sidewalks needed in this
city right here, right now. And the Parks Department has got critical needs. And I just believe that the CRA
also has needs in that context. We have the resources. What we need is a management that is committed to
sharing the vision of making this a great city. And that's why I continue to say that what happened in
Overtown didn't just happen. This isn't a Commission problem. This is a problem with the City. The main
-- and all of the while, Commissioner Sanchez, you just got here. I just got here -- that the City had no
money to fund the CRA. You know where the City was spending its money? Out the back door in
Overtown. The City put in over ten million dollars ($10,000,000) in capital funds for every campaign
Manager of everybody who's ever run for Mayor. For everybody who's run for Mayor, for homes to be
rehabed in Overtown. And let me tell you something, Mr. Manager. Those homes, those apartments that
are being rehabbed, are being rehabbed in a way, number one, they don't meet the code. Most of them don't
even have space for a Dempsey dumpster. If you go through each and every one of these CD funded
programs, most of the dumpsters are in the public right-of-way, a violation of our zone. Most of them don't
have parking. How did they get -- how could they meet the code requirements if they don't have adequate
parking? Most of them don't have any -- and most of it, Commissioner Plummer, is in Overtown because
Overtown has been made a warehouse for poverty and that's what we've got to stop. (Applause)
Vice Chairman Plummer: OK. Again, please, please, please. Ms. Warren. Wait a minute. Commissioner
wish to speak first. Mr. Gort. The voice of reason.
Commissioner Gort: No. One of the things I think is important to understand in here is, you know, we've all
been penalized by the expansion of Dade County. Allapattah was hurt when they built the expressway, just
like when they built I-95. Grapeland and West Little Havana were hurt when they built the east/West
expressway and all those communities have deteriorated. The problems that we've had in the past and when
I came in here, we all inherited that, is that funds were allocated in the different neighborhoods but,
unfortunately, somehow those funds did not go to where they should have gone. Like you said, a lot of the
places where we have a lot of apartments in Allapattah and Little Havana and Overtown, that people took
their money to rehab. The rehab, that's where they make their money and, then they split and they didn't
make the payments. I think what we're trying to do right now is to make sure that those funds continue to go
to our neighborhoods but do we really have the eyes on this and make sure the people receive the benefit on
it. Because, correct me if I'm wrong, you guys live there. You've seen those rehabs. Those people rehab.
They made their money doing the rehab and, then they split out. They didn't make the payments. We end
up with that. And this happens in every neighborhood that we have. And I think what we're trying to do is
make sure that we correct some of the -- one of the commitments that all of us had made is, we're going to
correct the mistakes that had been made in the past and we're going to get professionals to run this and we're
going to try to work with them. I think every one of us in here understand the need to improve Overtown
but the need to improve all our neighborhoods, like I said before.
Vice Chairman Plummer: Ms. Warren.
Commissioner Gort: And I think it's important for people to understand that.
Ms. Warren: I would like...
Vice Chairman Plummer: Excuse me. Commissioners first. Mr. Regalado.
Commissioner Regalado: Just a follov�up. In the past administration, since I was put in charge of
Community Development, that was in '96 and '97, I had the opportunity of meeting a lot of times with the
people from HUD that were audited the City. And Commissioner Teele and Commissioner Gort are right.
As you know, Gwen, there was a series of mistakes that were made. Many, many loans, that, then became
grants and were not paid, to the tune of twenty million dollars ($20,000,000). And I took the time to go see
those projects. And believe me, they're right. The Commissioners are right. They-- you know, they do it
and they leave. And I think that this Commission has the responsibility to, when we decide what we're
going to do, we have to address the issues first of capital improvement. Because that's the only way to have
a better quality of life. And, then go on to the different projects. So, you know, I, for one, I know that
you're working on a new system and I would tell you that, as a Commissioner, I would like to see a lot of
capital improvement throughout the city and I think that you can do it and I think that we will go that way.
Vice Chairman Plummer: Mr. Gort.
65 October 27, 1998
Commissioner Gort: Not to deviate but I would like to recognize the US Ambassador to Panama, Simon
Ferro.
Vice Chairman Plummer: We already did.
Commissioner Gort: Oh, you already did. My apologies. He gets recognized twice.
Commissioner Regalado: We already did, but let's recognize him again.
Vice Chairman Plummer: If he'd come on time, he'd know.
You don't come on time. (Applause)
Commissioner Teele: And the former chairman of the Democratic party of the State of Florida.
Vice Chairman Plummer: Oh, I'm sure glad we got at least a break in the monotony. Ms. Warren.
Ms. Warren: Yes, sir.
Vice Chairman Plummer: Please be brief.
Ms. Warren: I'll try to be as brief as possible. I'd like to separate the two issues. One, the letter or the
memo that the Commissioner is referring to, I itemized the budget information just for a point of
information. If I recall, you did, in fact, convene as a CRA board.
Vice Chairman Plummer: Correct.
Ms. Warren: And an issue came up regarding Poinciana Village. You requested additional information.
Vice Chairman Plummer: Correct.
Ms. Warren: And you dismissed the meeting, pending and to come back and to get additional information,
which you reconvened. After you stopped that meeting, that is when the Manager asked me to do the
assessment that was prior to you doing anything on the budget and you never discussed the budget during
that CRA meeting because you had adjourned it to get additional information, separate from that point.
Vice Chairman Plummer: I would have to possibly disagree to this extent.
Ms. Warren: OK.
Vice Chairman Plummer: I distinctly remember that CommissionerTeele's office gave us a slip of paper,
which I had never seen before, showing me a budget of CRA of two point four million dollars ($2,400,000).
Ms. Warren: Correct. And you approved that when you reconvened.
Vice Chairman Plummer: And 1, then asked the question, are you expecting me to vote on something for
two point four, that has just been handed to me? And the answer was, no. But I definitely received it. I
definitely had it. It was definitely presented to me here at this Commission meeting. Proceed.
Ms. Warren: And during that same meeting, I was handed the information to do an assessment of the
CDBG funds, which I provided him a written information. The second and probably the most important
issue is the amount of monies that we have identified, through the HUD audit and through staff efforts, that
have been unspent funds in our CDBG prior years. Currently, what the staff is working on — because it's the
been beginning of our new five year process -- is to put together a plan, with the Planning Department, that
basically looks at the whole CDBG target community. In the spring we will bring you that plan back.
You've also instructed the Finance Department in a previous meeting to work with me to reconcile and
identify the amount of monies that will be available and we will, at that time, based on federal procedures,
go through a procurement process. This Commission has the authority, under certain situations, to do a sole
source. There's nothing, that I'm aware of at this point, that would prevent you, after you do your
66 October 27, 1998
consolidated plan, of doing a sole source award. Staff is not saying — suggesting that you not do that. What
we are suggesting is, we're following your instruction. Close out those prior years. Put together a plan and
bring it to you.
Vice Chairman Plummer: Mr. Mayor.
ms. Warren: Those are our plans.
Vice Chairman Plummer: Mr. Manager, let me tell you something. Criticism is good and I'm going to
criticize you to this extent. I don't think this matter's going to be resolved today, OK. I just don't see it. I
can't ask you, as a Manager, or the City Attorney, to actually recommend to me something you say you're
not comfortable with. But I want to tell you, on November the 17th, I and you better be prepared to fish or
cut bait.
Commissioner Teele: Let's have a special meeting.
Vice Chairman Plummer: You want a special meeting?
Commissioner Regalado: Yeah, yeah, yeah.
Vice Chairman Plummer: All right. Mr. Manager, tell me when you need a special meeting. How long do
you need to get comfortable?
Mr. Warshaw: Two weeks.
Vice Chairman Plummer: Two weeks would be approximately...
Commissioner Gort: Tenth.
Vice Chairman Plummer: No, I don't want to do the I Oth.
Mr. Warshaw: And I want to consult with the City Attorney because...
Vice Chairman Plummer: Mr. City Attorney, how long are you going to be comfortable?
Mr. Vilarello: Are you talking about 10 days to two weeks?
Vice Chairman Plummer: I'm talking about how long? Are you talk 10 days, two weeks? I don't want you
to come back and say you're not ready.
Mr. Vilarello: We'll be ready as soon as....
Vice Chairman Plummer: We're going to fish or cut bait.
Mr. Vilarello: We'll be ready as soon as the administrative issues are-- I think those are the major issues.
Vice Chairman Plummer: All right. I assume I have the authority to call a Special Commission Meeting?
Mr. Vilarello: The City Commission has the authority.
Vice Chairman Plummer: The City Commission has, so it'll take three votes or whatever it is. The
Chairman normally has that right. I would like to suggest we do it on the 16th. Does anybody have a
problem with that? Let's get it out of the way.
Commissioner Regalado: That's a Monday.
Vice Chairman Plummer: Yeah.
Commissioner Regalado: I don't have a problem.
67 October 27, 1998
Vice Chairman Plummer: Mr. Teele?
Commissioner Gort: What date?
Vice Chairman Plummer: The 16th. How about two o'clock in the afternoon? Do we need more than that,
Mr. Teele?
Commissioner Teele: No, sir.
Vice Chairman Plummer: All right. Then I will call...
Commissioner Teele: I would strongly request that we have it in the redevelopment area, since it's strictly
about the redevelopment.
Commissioner Regalado: Absolutely.
Vice Chairman Plummer: I have no problem with that. Where would you...
Commissioner Teele: Let's have it at the Arena, the Miami Arena.
Vice Chairman Plummer: All right. I have no problem with that, if you'll find that the date is available. No,
no, no. Please, Mr. Gort.
Commissioner Teele: The Miami Arena or any other site that the Vice Chairman designates.
Vice Chairman Plummer: I am asking my colleagues for a motion that we will meet as a Special
Commission on September — on November the 16th, at two o'clock at the Miami Arena. The sole subject is
CRA.
Commissioner Sanchez: So moved.
Vice Chairman Plummer: Moved by Mr. Gort. Seconded by Mr. Sanchez.
Commissioner Sanchez: Second.
Vice Chairman Plummer: All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed? Show unanimous.
68 October 27, 1998
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO.98-1069
A MOTION CALLING FOR A COMMUNITY REDEVELOPMENT AGENCY
(CRA) MEETING TO TAKE PLACE ON MONDAY, NOVEMBER 16, 1998,
BEGINNING 1:30 P.M., AT THE MIAMI ARENA, FOR THE PURPOSE OF
DISCUSSING ISSUES IN CONNECTION WITH THE COMMUNITY
REDEVELOPMENT AGENCY'S BUDGET, THE INTERLOCAL
AGREEMENT BETWEEN THE CITY OF MIAMI AND MIAMI-DADE
COUNTY, ALONG WITH THE STATUS AND ENTITLEMENT OF THE
COMMUNITY REDEVELOPMENT AGENCY TO REVENUES
GENERATED FROM CERTAIN LEASED PREMISES GENERALLY
REFERRED TO AS THE ARENA PARKING LOTS WHICH WERE
DIVERTED FROM THE MIAMI ARENA (PARKING LOTS 57 THROUGH
60).
[Note: Thereupon, following the above -cited motion, the City Commission
indicated that they would also convene a special City of Miami Commission
meeting, beginning 2 p.m.]
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: Now, that does not preclude...
Commissioner Gort: Under discussion.
Vice Chairman Plummer: Hold on. Mr. Flowers, do you wish, after hearing that there is going to be a
special meeting — you are on the agenda, sir -- would you like to speak today or hold your breath until the
16th? It's your prerogative, sir. Hello?
Mr. Flowers: I'm thinking, sir. I'll hold my...
Vice Chairman Plummer: That will be fine, sir. Now, we also have-- I think that was the only other name
that I saw. Robert Friedman. Robert Friedman.
Commissioner Gort: He already spoke.
Vice Chairman Plummer: You have anything further you want to say?
Mr. Friedman: No.
Vice Chairman Plummer: You're smart. OK. Is there anybody that has a dying wish to do something or say
something?
Mr. Vilarello: Mr. Chairman?
Vice Chairman Plummer: Mr. City Attorney.
69 October 27, 1998
Mr. Vilarello: You just called a special meeting of the City Commission.
Vice Chairman Plummer: That is correct, sir.
Vice Chairman Plummer: However, Commissioner Teele didn't mention or, perhaps, if the CRA wish to
also convene. I don't know if you want to do it at the same time.
Commissioner Teele: We'll convene at one o'clock the same day.
Vice Chairman Plummer: Huh?
Commissioner Gort: One o'clock is the CRA.
Commissioner Teele: One thirty.
Vice Chairman Plummer: Excuse me. I would assume we should have the special meeting of the
Commission first and then the CRA afterwards.
Commissioner Teele: J.L., look, the staff-- the Gwen Warren memo says the reversed.
Vice Chairman Plummer: OK.
Commissioner Teele: Look, the truth is, it doesn't matter but everybody is becoming lawyers and
management experts all of a sudden.
Vice Chairman Plummer: Not me.
Commissioner Teele: So, whatever is convenient, the -- we'll either meet before or after, depending upon
what the City Attorney says.
Vice Chairman Plummer: All right. Mr. City Attorney, what's the best way to do it?
Mr. Vilarello: I always prefer to have the item come to the City Commission with all the necessary
approvals in place, so the CRA would, then, meet first.
Commissioner Teele: Well, have you discussed this with the lawyer for the CDBG.
Mr. Vilarello: I have not discussed it with the lawyer for the CRA.
Vice Chairman Plummer: All right.
Commissioner Teele: No, I said CDBG. You know, they've got a legal opinion about the reverse.
Vice Chairman Plummer: Hey, it's the same group of people called by a different name, all right. There will
be a meeting at one o'clock of the CRA -- well, you call that, Mr. Teele.
Commissioner Gort: One thirty.
Vice Chairman Plummer: One thirty. And, then, a two o'clock meeting by the City Commission. The sole
call of the meeting is CRA.
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: There are two resolutions that I had prepared totally with the view in the spirit that
Commissioner Sanchez has discussed this, with a view toward trying to settle this. But once, you know, I
realized the games that were continuing to be played by the Manager and his staff, you know, I'm not
70 October 27, 1998
prepared to let -- I'm not prepared to be played with. I am an adult. I fought for this Country. I was shot
down. I was wounded, you know, and I am not going to be treated like a child. And, you know, you can
deal with it anyway you want to but I will -- as long as I am a Commissioner here, you will respect me as a
Commissioner. Now, in the spirit of trying to resolve this issue, I had asked the City Attorney to prepare
two resolutions as the pocket items and, Mr. Attorney, relating to this, I would like to take up one of the
resolutions at the special meeting and the second one I would like to put on the regular agenda. So, you
would you read them into the record now?
Vice Chairman Plummer: Just the title, I think?
Commissioner Teele: Just the title.
Vice Chairman Plummer: That's all that's necessary.
Mr. Vilarello: I'm sorry?
Vice Chairman Plummer: The one for the CRA meeting is as follows.
Commissioner Teele: Well, the one for the CRA meeting is a resolution directing the City Attorney to draft
and ordinance, coordinated with the City Manager and counsel from the CRA, to provide for a full funding
of the Community Development Agency for five years and to provide a comprehensive sunset evaluation
and review of the CRA -- that means that the CRA goes out of business if it doesn't perform -- to be
performed by a Policy and Program Committee and to present the said ordinance to the City Commission for
its review and consideration for first reading at the Special Commission Meeting called on November...
Vice Chairman Plummer: November 16th.
Commissioner Teele: ...November 16th, for consideration. And for a second reading to be the first meeting
in December.
Vice Chairman Plummer: The only meeting in December.
Commissioner Teele: Well, actually you have two. You've divided them in two on one day.
Vice Chairman Plummer: OK, you're correct.
Mr. Vilarello: You did ask for a resolution, so this is a resolution.
Commissioner Teele: This is a resolution.
Mr. Vilarello: It only requires one reading.
Commissioner Teele: Say again.
Vice Chairman Plummer: One reading.
Mr. Vilarello: It only requires one reading. The other item you want on the Commission meeting of the
17th, is that...
Commissioner Teele: No. This is a resolution directing that and ordinance be drafted. That's what I read
into the record.
Mr. Vilarello: So, you'd like the ordinance ready for the meeting of the 17th?
Commissioner Teele: For the meeting of the 16th.
Vice Chairman Plummer: Sixteenth.
Commissioner Teele: Special meeting of the 16th. I would so move, Mr. Chairman.
71 October 27, 1998
Vice Chairman Plummer: Is there a second?
Commissioner Regalado: Second.
Vice Chairman Plummer: Seconded.
Commissioner Teele: Mr. Chairman, I'm responding directly to the Herald Editorial Board and the spin that
was given to them, basically based upon the review by the Manager and his staff of the budget. They
questioned whether or not the CRA is able to do the job that they say-- that we're saying we wanted done.
The community saying want done. I think the CRA, which was exempted from the Sunset Review of all the
other boards and committees, would be put under this. This is not a positive thing per se for the CRA. It is a
positive thing for the City and the Commission to suggest that there would be and independent board of
persons who would evaluate -- I mean, who would evaluate the CRA on and annual basis and would provide
a written report to the Commission on and annual basis and then, at the end of the fifth year or the fourth
year, would begin a sunset review process.
Vice Chairman Plummer: All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposition? Show unanimous ballot.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-1070
A RESOLUTION DIRECTING THE CITY ATTORNEY TO DRAFT AN
ORDINANCE, COORDINATED WITH THE CITY MANAGER AND
COUNSEL FOR THE COMMUNITY REDEVELOPMENT AGENCY, TO
PROVIDE FOR FULL FUNDING OF THE COMMUNITY
REDEVELOPMENT AGENCY FOR FIVE YEARS AND TO PROVIDE FOR
A COMPREHENSIVE SUNSET EVALUATION AND REVIEW OF THE
COMMUNITY REDEVELOPMENT AGENCY BY THE POLICY AND
PROGRAM COMMITTEE, AND TO PRESENT SAID ORDINANCE TO THE
CITY COMMISSION FOR ITS REVIEW AND CONSIDERATION FOR
FIRST READING AT THE SPECIAL CITY COMMISSION MEETING TO BE
HELD ON NOVEMBER 16, 1998, AND FOR SECOND READING AT THE
FIRST CITY COMMISSION MEETING IN DECEMBER, 1998.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner 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, ladies and gentlemen...
Commissioner Teele: Mr. Chairman.
72 October 27, 1998
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: The second and final is a resolution directing the City Attorney to draft and ordinance
to establish a Policy and Program Review Committee, coordinated with the City Manager and counsel for
the Community Redevelopment Agency, for advising the city -- for the purpose of advising the City
Commission on the activities of the Community Redevelopment Agency, including recommendations and
policies and procedures specifically related to budget and appropriations of the redevelopment, and for the
said committee to make recommendations annually to the City Commission relating to the same and to
present said ordinance to the City Commission for its review in the first meeting in November, which would
be the 17th, and the second reading to be held in the first meeting in December. And I would only amend
this, Mr. Manager, to include the Blue Ribbon Committee, which will become a Policy Review Committee
to review the CRA, as well as the community development activities and, particularly, as it relates to the
audit of community development. Because the two things are so intertwined.
Vice Chairman Plummer: Moved by Teele. Seconded by...
Commissioner Regalado: Me.
Vice Chairman Plummer: Regalado. Any further discussion? All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-1071
A RESOLUTION DIRECTING THE CITY ATTORNEY TO DRAFT AN
ORDINANCE, COORDINATED WITH THE CITY MANAGER AND
COUNSEL FOR THE COMMUNITY REDEVELOPMENT AGENCY, TO
PRESENT TO THE CITY COMMISSION FOR ITS REVIEW AND
CONSIDERATION FOR FIRST READING AT THE FIRST CITY
COMMISSION MEETING IN NOVEMBER, 1998, AND FOR SECOND
READING AT THE FIRST CITY COMMISSION MEETING IN DECEMBER,
1998, TO ESTABLISH A POLICY AND PROCEDURES COMMITTEE, FOR
THE PURPOSE OF REVIEWING THE ACTIVITIES OF, AND ADVISING
THE CITY COMMISSION ON, THE COMMUNITY REDEVELOPMENT
AGENCY (THE "CRA") AND THE DEPARTMENT OF COMMUNITY
DEVELOPMENT ("CD"), PARTICULARLY AS IT RELATES TO THE
AUDIT OF CD; AND (2) MAKING RECOMMENDATIONS ANNUALLY TO
THE CITY COMMISSION AS TO POLICIES AND PROCEDURES
SPECIFICALLY RELATED TO THE BUDGET AND APPROPRIATIONS OF
THE CRA.
(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.
73 October 27, 1998
Vice Chairman Plummer: Yes, ma'am.
Ms. Karen Cartwright: My name is...
Vice Chairman Plummer: You wish to speak to what issue?
Ms. Cartwright: I'd like to speak to the issue about Overtown.
Vice Chairman Plummer: OK. You have two minutes.
Commissioner Teele: Mr. Chairman, before she does. If you would allow me, please.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: As I said before we broke -- and, Karen, let me apologize to you. This Commission
needs to first give deference to the Overtown Advisory Board that was elected, and I know, Ms. Cartwright,
you're a member of the board. But if it would, please the Chairman, I would ask that Father Lloyd, who is
the elected Chairman of the Overtown Advisory Board, at least be afforded the opportunity to state his name
for the record and to introduce the members of the board that are here, as well as allowing Ms. Cartwright to
say whatever she would like to say.
Vice Chairman Plummer: I'd previously asked did anybody wish to speak, to come forward and Father,
you're there. For the record, if you would, give us your name and your mailing address.
Father Leroy Lloyd: Thank you, Mr. Chair. My name is Father Leroy Lloyd. The address, 1811 Northwest
4th Court. Thank you, Commissioner Teele, and to other members of the Commission. I am the newly
elected chair of the Overtown Advisory Board and, inadvertently, Mr. Flowers' name was placed, evidently,
on the agenda. But there are other members of the board who are here. Our concerns, specifically, is that of
the CRA funding because we feel that certainly it is long overdue; that the development that has been
promised by the City to Overtown gets started. So, I would yield the floor-- would, first of all, like to ask
any members of the Overtown Advisory Board, who are now present since they recessed, to, please stand
where they are.
Vice Chairman Plummer: Thank you. Thank you, Father.
Father Lloyd: Thank you.
Vice Chairman Plummer: All right.
Father Lloyd: And I will now yield the floor to Ms. Cartwright.
Vice Chairman Plummer: All right. All of the speakers are aware that we're going to be taking this as a
special issue on the 16th? I'd ask you to keep your comments to under two minutes, starting out...
Ms. Cartwright: Mr. Plummer, I'm going to ask you straight up. I'd like 10 minutes.
Vice Chairman Plummer: Ten minutes?
Ms. Cartwright: Yes.
Vice Chairman Plummer: Well, you know, I once had a priest that told me that...
Ms. Cartwright: They gave Mr. Jones 18.
Vice Chairman Plummer: ...nobody can be talking more than three minutes without being repetitious.
Ms. Cartwright: Well, this is -- excuse me. They spent a lot of time this morning discussing a lot of stuff
that didn't matter to Overtown, OK.
74 October 27, 1998
Vice Chairman Plummer: All right. I very much heard you. Mr. City Attorney, what is the ruling?
Mr. Vilarello: The Chair controls the meeting.
Vice Chairman Plummer: All right, the Chair controls the meeting. You dirty devil. I tried. All right. Let's
try for five minutes without being repetitious.
Ms. Cartwright: I'm not going to be repetitious. I wrote it down.
Vice Chairman Plummer: OK. Again, now -- you know, all of you are aware that we're going to be having
this matter...
Ms. Cartwright: No, we will...
Vice Chairman Plummer: ...again on the 16th?
Ms. Cartwright: Mr. Plummer, I won't be there to readdress this.
Vice Chairman Plummer: Proceed. Your name and mailing address, please.
Ms. Cartwright: My name is Karen Cartwright. My address is 1770 Northwest 5 Avenue. My address is
directly to Mr. Warshaw. Mr. City Manager, on behalf of my neighbors, I am asking you to locate previous
and current CRA funds and remit them to a designated account and not the general fund. The CRA, a
department of the City of Miami, was given a function to develop the Overtown andOmni areas but, unlike
other departments, its funds has been relocated or redirected to other areas, minus administrative costs.
Overtown is still not developed. Overtown is and always has been the Cinderella of the City of Miami. She
has been lied to, used, abused, and ignored. Time and time again she has been told that she was going to be
dressed in finery to attend the Ball but the invitation never came and when she received an invitation, she
could not attend. No money to buy the gown. The CDBG has loaned apartment owners in Overtown
thousands of dollars that have been defaulted on time and time again and, yet, they receive more loans.
Why? Have they repaid them? Some housing in Overtown is below Miami -Dade County's housing code
and, yet, they're allowed to operate. Can it be because the majority of residents are African American? How
is it that persons of Anglo heritage live better in government housing and services are more readily
available? The City owns lots in Overtown. CRA funds would enable residents, who are eligible for
housing loans, business loans, to build single family homes or to develop businesses, instead of apartments
that even rats are afraid of. Why give a man pots if he has no food to put in them? There is creative and
there is being creative. Commissioners, you all are elected by the people to carry out our wants and needs,
not to tell us what we need. The arrogants of politicians to make decisions, that displace entire families
because of ethnicity. Many families from Overtown have been relocated to Homestead. That is like
shipping them to the Tondra. You, sirs, have moved them as surely as if you packed and transported them
by your inept budgeting. The pledge of allegiance state "liberty and justice for all." In this instance, it
should state "for some." Overtown is one of the only oldest communities in this city. It was once a vibrant
community but it has been raped, lewded and plundered in the name of progress. Restore the CRA funds so
that a stately old lady can have her civil rights and her dignity. Overtown is not downtown. This city was
incorporated with color town's help. Now called Overtown. How dare you all sit there and pretend you do
not know its history. Its significance in shaping this city. How can you tell us we don't exist? Even though
we do, we should continue to allow you to treat us as if we should have no voice. Never again. We are
prepared to fight for every cent we're owed. The CRA, like every other entity in this city, needs money to
fulfill its function regardless of the Chairman or Director's ethnicity. This is about serving the people who
elected you. Nothing personal. Just business. Allow the CRA to perform and hold it accountable or can we
go over the City of Miami and rename the properties born and built with CRA moneys? Example,
Overtown Kennedy Park seems fair and just. Mr. Plummer, you've held office the longest. Can you assist
the City Manager in his research? I'm sure he would be grateful for any assistance that would shorten his
investigation. And the other residents of the City would be most appreciative cost wise. The late Mrs. Ann
Marie Atka, Mrs. Dorothy Fields, Mr. Irving McKnight, Mrs. Annie Smith, Mrs. Lillian Slater, Father
Richard Barry, the late Father Como, all implored you to share and share alike but all for nought. I am
asking you, Mr. City Manager. I'm asking you, no one else, just you, to be fair. Locate the funds, even if
they walked to India. If neglect was a crime, the City of Miami would be charged with felony one hundred
75 October 27, 1998
counts and a guilty verdict with a death penalty. Life in prison means there is hope, atonement, redemption.
Why doesn't the City have a representative on the State Planning Board? The East/West Corridor project
has been approved. So what? I-95, 395 didn't destroy in Overtown, the East/West Corridor will do the rest.
Who do you all represent? Yourselves? Every time you neglect an area, you do it with gusto. If Overtown
was predominantly Caucasian or Hispanic, would the results be the same? Look in the mirror, gentlemen,
and tell the truth. This may be 1998, but the rules for 1898 still exist. Thank you. (Applause)
Vice Chairman Plummer: Can I congratulate you? You did it exactly in five minutes and thank you. Mr.
Cruz. Mr. Gort.
Commissioner Gort: I'd like, on that special meeting, since we're going to set up a lot of things straight --
and I want to make sure we all understand the process. I had information from the CDBG, where you gave
me the information, how the funds were allocated according to the needs of each neighborhood. At the
same time, the level of poverty, where the residents within those neighborhoods. The notes that I looked at
was the 1990 census. I'd like to, if possible, if you can bring that up to date, to bring those notes and to make
sure we explain how the process works and you bring all that information from the Census Bureau, please.
Vice Chairman Plummer: Mr. Cruz.
Mr. Mariano Cruz: OK. Mariano Cruz, 1227...
Vice Chairman Plummer: You have two minutes, sir.
Mr. Cruz: ... Northwest 26th Street, Miami, Florida. This is a matter of information. I won't be able to make
it the 16th to the Miami Arena, but I like to tell you that this a matter of taxes. Federal taxes, too. I pay a lot
more in federal taxes than I pay in city taxes. That's why I'm here, to make sure my federal taxes goes to my
neighborhood, too. And one thing, I've been with the Community Development Program since they were on
Marion Street, more than 20 years ago, so I can say a few things about CDBG. Also, I attend most of the
CRA meetings at The Grand and at the Miami Arena, which, by the way, was most attended by city staff
and by the developer. I -- maybe Mr. Flowers or Benjamin or somebody. Very few people from the
neighborhood went there and I tell you, I went there. You can ask Fred Joseph. You can ask Herb Bailey. I
was there. And the thing I like -- I worry about is, where they talking about that relocation because there's
so much money there in CDBG program to use. What about my neighborhood? Because I was elected by
there. But Allapattah's going to suffer, they going to take money from Allapattah to put in Overtown? What
about the HOME programs? What about the different programs? What about the 108 laws? Everything.
Also, I think, when people don't say it's being done like a conspiracy inside here, in the City, but why was
Frank Castaneda forced out of this? Really, why?
Vice Chairman Plummer: Speak to the issue, please.
Mr. Cruz: OK. Well -- but, you know, people talk and they say well to pave the road. Because they talk
about expert and he was an expert. Thank you.
Vice Chairman Plummer: Thank you. Sir.
Mr. Billy Hardemon: Commissioners.
Vice Chairman Plummer: Your name and mailing address for the record.
Mr. Hardemon: Billy Hardemon, 655 Northwest 48th Street, registered voter, City of Miami. Born and
raised all my life right here in the City of Miami. Commissioners, in my opinion, this debate is not just
about the CRA. This debate is not just about an interlocal agreement. This debate is not just about a tax
increment district. This issue is about the survival of a people, of a community that's very dear to all of us
called Overtown. It's about the survival of Overtown. Although, I do not live in Overtown, I am a resident
of the City of Miami. Now, someone has been trying to run black folks out of Overtown for at least 40
years. At least forty years. Now, I'm not sure who it is. I don't know if it's white folks, Cuban folks or
black folks but someone is trying to run black folks out of Overtown. And I asked myself why? Why are
they trying to run black folks from Overtown? And, then, you just go to the third floor of an apartment in
Overtown and you could see that beautiful bay. It starts to come to me that the property in Overtown is
76 October 27, 1998
some of the most valuable property in the City of Miami. Now, they done ran black folks from Overtown to
Liberty City. They done ran us from Overtown to Carol City. From Carol City to Miramar. From Miramar
they're saying, black folks, go back to Georgia, Alabama, Mississippi, wherever you come from. Go back to
Jamaica. Go back to Haiti. But get the hell out of Overtown seems to be message. And I stopped by here to
tell you that I'm not going anywhere; that I was born and raised right here in the City of Miami. I happen to
have some birth rights. I will be here. And I agree with Commissioner Teele, we draw the land - I'm sorry.
We draw the line in the sand around Overtown. Please, Commissioners, develop Overtown now. Thank
you, very much. (Applause)
Vice Chairman Plummer: Yes, sir. Your name and mailing address, please. You know, again, I think we're
really pushing the limit, if we're going to have a special meeting, because I think most of you should be
making those comments then but, you know, I don't want anybody to be cut off if you feel that you must
speak, please do, sir.
Mr. Richard Johnson: Richard Johnson, 472 Northwest 5th Avenue. Nineteen sixt}-eight, I said the same
thing I'm saying right now. I want to know -- I'm directing this to the City Manager and the City Attorney.
You get vacant apartments, livable. In each apartment are voters. Now, we don't want to say that the City of
Miami discriminatory in voting registration. Can't say it right now. But when you got board up buildings
that people can live in, that's not livable to them when you're paying six hundred dollars ($600) a month
they're charging. Where the -- what do you say? The voucher program. This is Mr. Teele's district here.
Commissioner Teele: Commissioner Plummer.
Mr. Johnson: Oh, Mr. Plummer district here, OK, OK. Good. for each apartment building, you could have
one voters, two voters, three voters. You got a thousand empty apartments from Jason, 20th street, back to
5th street, boarded up. Is this intentionally?
Vice Chairman Plummer: David.
Mr. David Perkins: All right. My name is David L. Perkins. I'm in the Overtown area. For years and
years, the City...
Vice Chairman Plummer: You have two minutes.
Mr. Perkins: The city...
Vice Chairman Plummer: Your mailing address, please.
Mr. Perkins: My name is David L. Perkins.
Vice Chairman Plummer: Your mailing address.
Mr. Perkins: And I live 220 Northwest 15th Street.
Vice Chairman Plummer: Thank you. You have two minutes. Proceed.
Mr. Perkins: For ever since the early `70's, the City has been telling the people we are going to develop in
Overtown. Monies have been coming from our city and county government system and through the City
Hall. Our agencies that are receiving these monies, talking about what they are going to do within that area
once these agencies receive the money, it doesn't get within that area. This I know for a fact because I go
behind their backs and I write down all this information. Lot of our meetings, they're still coming talking
about re-elect you all. Once you all are re-elected into the office, you still does not help the people that have
helped elect you. It's a crying shame. It's over three hundred and some vacant lots right now in that
Overtown, while you all are talking about redeveloping and fixing up in that area. Now, I'm putting a
package, which is being going before our Supreme Court and our Congress in DC because we want to know
where all that money is going under your jurisdictions -- that's supposed to be in your jurisdictions to help
the people. Why the people in that area cannot have jobs and businesses? Why people cannot have homes?
How come people cannot get the proper assistance in that community? Here, for the last few years, when
the blacks had a little businesses or little -- mini stores, what you all do? You took them from them, them
77 October 27, 1998
little mini -stores, and gave it to your Nicaraguans and everybody so they can bring the drugs out there.
Right now we don't need them drugs out there.
Vice Chairman Plummer: You don't need to make comments like that.
Mr. Perkins: Well, it's the honest God truth. I got witnesses that can verify this, too.
Vice Chairman Plummer: Sir, can you take it to the State Attorney's Office? If you've got people that you
know that are supplying drugs...
Mr. Perkins: Yeah.
Vice Chairman Plummer: You don't sit up here and make accusations.
Mr. Perkins: Well, I can prove it.
Vice Chairman Plummer: You take it to the State Attorney's Office.
Mr. Perkins: And I can. That I can because we make this....
Vice Chairman Plummer: That's fine, sir.
Mr. Perkins: Because why are we going to our Congress.
Vice Chairman Plummer: Would you please wrap it up?
Commissioner Teele: Mr. Chairman?
Vice Chairman Plummer: Yes, Sir..
Commissioner Teele: Mr. Chairman, the gentleman's time has expired but I do think that the Nicaraguan
community is owed an apology.
Mr. Perkins: That's right. And they are doing it.
Vice Chairman Plummer: Absolutely.
Commissioner Teele: Because there are great Nicaraguans. I know the Mayor Aleman and many people in
this community who have worked hard to be a part of positive, and I'm sure the gentleman didn't mean to
suggest that Nicaraguans, as a community, have done violence to Overtown.
Mr. Perkins: No.
Commissioner Teele: But are selling drugs because that's just not true.
Vice Chairman Plummer: Mr. Boom -Boom.
Commissioner Regalado: If I may.
Mr. Perkins: Oh, Mr. Teele, something is going to have to be done.
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Just a brief comment. And the City Attorney, hopefully, will have some
resolution written maybe for November 17th. I requested from him a resolution trying-- because I'm trying
to create in the City of Miami a community relations board and I think that what we have heard here today,
in terms of the needs of the community, in terms of the perceptions between community, this situation cries
out for a community relations board. If we don't have the money, which I'm sure we don't, if we don't have
the budget, which I'm sure we don't, I am going to go out to the private sector and ask money to set up this
78 October 27, 1998
committee. I think it will be healthy and I ask you, Mr. City Attorney, to have that as soon as it's ready
because what is being said here today, in terms of the different groups that live within our city, I think it
shows that we don't have enough information about us and we need to do that and we need to do it urgently.
Vice Chairman Plummer: The one thing for sure is we've got a long agenda. Mr. Boom -Boom.
Mr. Goenaga: It always comes when I come to the microphone, the complaints.
Vice Chairman Plummer: Two minutes or less.
Mr. Goenaga: Yes. Thank God.
Vice Chairman Plummer: Talk to somebody that knows you.
Mr. Goenaga: Today is almost the first word that I speak in this Commission and I came here dressed in
white to be a nice referee.
Vice Chairman Plummer: You look like a bride.
Mr. Goenaga: And to quote the...
Vice Chairman Plummer: Oh, oh, here it comes.
Mr. Goenaga: ...words, not of Shakespeare. Of Martin Luther King: "Injustice anywhere is a threat to
justice everywhere."
Vice Chairman Plummer: Thank you, sir.
Mr. Goenaga: I'm not finished yet. I got two minutes. And my personal philosophy is not to bring the ones
who are on top down.
Vice Chairman Plummer: Who cares what your personal philosophy is?
Mr. Goenaga: Because you have to apply it and you have been here 29 years and you haven't done a damn
thing. You want more?
Vice Chairman Plummer: From you, that's a compliment.
Mr. Goenaga: Well, read today's newspaper, "The Miami Herald." And some people don't even believe in
"The Herald." I do. Once in awhile.
Vice Chairman Plummer: Yes.
Mr. Goenaga: In today's, on a letter, free expression denied on the...
Vice Chairman Plummer: Well, crazy people write crazy articles.
The Herald's entitled to that.
Mr. Goenaga: You are calling Mr. Mariano Cruz a crazy fellow. You thought it was me. it was -- it's not
signed by me. It was signed by Mr. Cruz.
Vice Chairman Plummer: Why is the clock not running? It's a winning quiniella.
Mr. Goenaga: You have insulted and discriminated Mr. Cruz.
Vice Chairman Plummer: Yes, yes, yes, yes.
Mr. Goenaga: And to finish...
79 October 27, 1998
Vice Chairman Plummer: Why is the clock not running?
Mr. Goenaga: I still have one minute and 11 seconds. And, Mr. Plummer, I know what's behind your ideas.
Your friends, apparently, are my enemies. You should be an arbitrator and you should a referee. I'm
willing to serve as a referee, free of charge. Thank you. And beware of the eyes of October the 28th,
tomorrow. You know what's coming up. More arrests.
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele, if you understood that one,
please translate for me.
Commissioner Teele: The time is getting late and we have a full zoning agenda. I would ask the Chair's
indulgence in hearing from Sandra Ahmad and Nathaniel Wilcox, who are from PULSE. And they have, of
course, as you know, had a long history of working with the City some times and respectfully disagreeing
with the City but they have focused in and have -- I read a statement, that they are prepared to begin a long
term review and focusing of the community development funds of the City and how they're expended, as
well as the CRA. So I would ask if Sandra would just be given a few minutes, along with Mr. Wilcox, to
express their rules.
Vice Chairman Plummer: Mr. Teele, we'll do whatever is necessary, you know. But I'm just wondering
why we're having a special meeting? But who do you want to speak?
Commissioner Teele: Ms. Ahmad.
Vice Chairman Plummer: Please, for the record, your name and mailing address.
Ms. Sandra Stringer Ahmad: My name is Sandra Stringer Ahmad. I'm the second Vice President of
PULSE, 150 Northeast 19th Street. We're here to let it be known that we are in support of Mr. Teele and
we're support of any parts of the Commission that are in support of fully funding the CRA, such that it does
the proficient job that it's purposed to do for our community. The Overtown area has, for a long time-- and
I was born and raised here -- been told next, next, next. When is next? It seems to me that there has been a
systematic process by some master plan to keep the community blighted. Either to have the residents feel
and know that it's a hopeless situation, in that it's undesirable to live there, or to run them out, as the
gentleman stated earlier. So, we are in support of fully funding CRA so that a refurbishing and
redevelopment job is done. We were over there taking pictures in the area of Overtown and what seems to
have been done was paint slapped on walls, that gives a generally positive facade. But, if you go inside and
you visit the communities, you know that it's dilapidated and no more paint needs to be slapped on the walls.
The place needs to be really redone. New buildings, new homes for people. Hopefulness needs to be
implemented and we want to be a part of that. We want to be a part of the monitoring system that will make
certain that things are done that need to be done for the area.
Vice Chairman Plummer: Thank you, ma'am. Who else has the burning desire that needs to...
Commissioner Teele: Mr. Wilcox?
Vice Chairman Plummer: Mr. Wilcox.
Mr. Nathaniel Wilcox: Yes. My name is Nathaniel Wilcox. I'm the Executive Director of PULSE (people
united to lead the struggle for equality). My mailing address is 150 Northeast 19th Street. I'd just like to say
in short that our organization has come to the table to say that we no longer will allow the smoke and mirror
games to be played with the City of-- with the citizens of Overtown. Many promises have been made to our
communities, not just Overtown, but our communities. Even Allapattah, the Parks Overtown and the other
areas, promises have been made and we're here to stand with the citizens of Overtown. I was born in
Overtown. I was raised in Overtown. And we're here to say that many of the studies -- there are many,
many studies that were done in the Overtown areas. Talk about what needs to be done and plans. I've seen
some plans that will make Overtown look better than Coral Gables. I mean, the plans were done. The
budgets were drawn up. All these things were are done in the name of Overtown. It's right here. And what
we see today is a continual stall tactic that's coming from different individuals for all different types of
80 October 27, 1998
reasons. And no longer can we wait month after month, promises after promises. People -- other people's
pockets are being becoming filled, who are politically connected with the process. And the thing is being
said that Overtown is being helped. No, it's not being helped. So, we're hoping that-- and we're here to
make sure that this Commission gets on with the job that they were elected to do. We're not going to ask for
an Oversight Board to come down from -- to be sent from the Governor -- come down here and do this
thing. It's your job to make sure that Overtown is redeveloped. We're not asking the Governor and nobody
else to do it. It's your job to make sure that that happens and we, as an organization, as a people, we're going
to be here to make sure that that happens.
Vice Chairman Plummer: Thank you, sir. (Applause) Yes, sir. Your name and mailing address.
Mr. Anthony Muhammad: Yes, sir. My name is Anthony Muhammad and my mailing address is 1213
Northwest 3rd Avenue. I just have a brief statement I would like to read. It shouldn't take but 15 seconds.
My vested interest and involvement in the subject area called Overtown is not limited to the fact that I am a
resident and concerned citizen. My primary area of concern is that if the vital processes that make
community life possible are ignored or eliminated by you, the Commission, who are, by us, the responsible
people to the extent that we cannot receive assistance to create jobs and make Overtown a more valued part
of this great City of Miami, then by your failure to do the responsible thing by us, your constituents, then
you condemn us to what the current Commission called a permanent underclass. So, I appeal to you to do
the right thing.
Vice Chairman Plummer: Thank you, sir. Yes, ma'am. (Applause)
Ms. Clara Mae Jenkins: Good afternoon, Mr. Plummer. My name is Clara Mae Jenkins. My address is
2053 Northwest 4th Court, Miami, Florida, 33127. I'm one of the ladies that attend most of the meetings
with Ms. Hellen Wax and we've been there trying to improve Overtown. We need the money for overtown.
We also need the Daycare Center, which is on 20 Street, 3rd Avenue. The drain is right there in front of the
Center. When it rains, the water get so high, the parents cannot come into the Daycare Center parking lot
and we need that drain fixed. I've been fighting. I've been calling the City of Miami to unstop the train.
They hadn't got out there jet and we need improvement for Overtown. Thank you.
Vice Chairman Plummer: I'll suggest -- just excuse me. We will make note of it. But that's one thing the
City doesn't do. That's Dade County Water and Sewer and we'll so notify them.
Ms. Jenkins: OK. Thank you.
Vice Chairman Plummer: Yes, sir. Your name and mailing address.
Mr. Daniel Ricker: Daniel Ricker, 4302 Ingerham Highway. I don't want to pile on here.
Vice Chairman Plummer: Thank you.
Mr. Ricker: I'll make it brief. But Democlates said, "I may not be able to fiddle but from a small city, I can
make a great state." Here, in the City of Miami, we have an opportunity to be in Athens. We have the
assets. We have the beauty on the natural side yet. We, obviously, have a third of the people below the
poverty line, which creates unique stresses. It's up to you all, in your leadership, to be able to integrate the
assets of the federal government, the state, the county and the local to finally do something. Because we're
in a time where this place -- there's tremendous dislocation with the people in government and you're at an
opportunity now, with the new management team, to essentially remember that managers do things right but
leaders do the right thing. And I think there's no other people than the Overtown group that need some
major, major attention. Thank you. (applause)
Vice Chairman Plummer: Thank you, sir. Sir, your...
Mr. Ray Gibbs: My name is Raymond Gibbs. I live at 522 Northwest 53rd Street. This is generally in a
black community, Miami, what I'm going to address. Quality of life. I haven't heard that mentioned here
before the black community and everybody, in generally, but mostly in the black community. In our
community we are -- over the last year, we've patrolled our community from 7th Avenue to 79th Street,
Biscayne Boulevard to 40th Street. Approximately a mile and a half square area, 40 blocks. We found in
81 October 27, 1998
that area that the police weren't enforcing the laws that were already on the books, which is drinking,
loitering in public, a lot of black young males hanging around these stores, convenient stores. Ten percent
of these stores are owned by foreign businessmen, were involved in the drug trade, are involved in the drug
trade in our community. The police are just -- we forced the police. Showed them where the crime was.
Forced them to go to these areas and to enforce the laws that were already on the books and, due to this,
crime has went down in our community, thanks to the police. But we had to force them to do their job and
we have to continue to patrol our own neighborhood, recognize where the crime is, and make the Police
Department go there and take charge of the situation.
Vice Chairman Plummer: That's the very reason, sir, we're going to be doing an operational review of the
Police Department and you will have input to that when it's done.
Mr. Gibbs: All right. Quality to life. That's what should be mentioned here for all citizens of Miami.
Vice Chairman Plummer: Thank you, sir. The last speaker.
Mr. Grady Muhammad: Good afternoon, Mr. Chairman, Commissioners. Grady Muhammad, 5660
Northwest 7th Avenue. I'm going to speak in my official capacity as a member of the Community
Development Citywide Advisory Board. Let's be fair. We're spending billions of dollars east of Overtown
with the Arena, with the Performing Arts Center, and we hope it trickle down economics, as George Bush
called it, "voodoo economics." We was promised that with that big white elephant called the Miami Arena,
that it was going to revitalize Overtown. Let's spend direct dollars in Overtown. Let's not be spending
dollars in around, hoping it's going to come and make a difference in the community of Overtown. CDBG
dollars will and should be used. We spent five million dollars ($5,000,000) on the West Brickell - we spent
five million dollars ($5,000,000) on the West Brickell housing project. It's nice. Section 108 dollar... Section
108 loan. Let's be fair, Mr. Manager, Mr. Mayor, Commissioners, to the community of historic Overtown.
Let's make it like South Beach. Let's make it like Grand Avenue, west of McDonald Street. Let's make it
look like it should look, Mr. Mayor, like we're doing right now, currently, on Calle Ocho, with the Casa
Grande, with Latin Quarter Specialty Center. It's needed overall, Mr. Mayor, Commissioners. Let's be fair
and let's not spend billions east of Overtown. We got two point four million dollars ($2,400,000) that MAP
(Miami Action Plan) has; that Congresswoman Carrie Meeks gave. You got the money from CDBG, if you
close out those accounts. You have Mayor Penelas' Urban Economic Revitalization Task Force with forty
million dollars ($40,000,000). Let's start getting intelligent. Let's leverage these dollars. Let's build
Overtown. Let's do whatever needs to be done, Mr. Mayor, Commissioners, to make Overtown looking like
Miami Beach, South Beach, Coconut Grove, as well as Little Havana. Thank you, Mr. Mayor,
Commissioners. (Applause)
Vice Chairman Plummer: Thank you, sir. All right. That is the last speaker on Item 15. The remaining
portion of this will be taken up, of course, on the 16th of November, starting at two o'clock. Mr. Teele.
Commissioner Teele: Mr. Chairman, I know that Mr. Cook is here. I think it may or may not be helpful for
Mr. Cook to come forward. But I think if Mr. Cook came forward, he would indicate that the funds that
were contested the night of the budget hearing were, first of all, explained to the Manager staff at least twice
before the budget hearing, by the Off -Street Parking. Secondly, that these funds are not a part of the
so-called two million dollar ($2,000,000) -- or the settlement of the agreement between the City of Miami
and Off -Street Parking related to excess revenues. And these are independent of that.
Vice Chairman Plummer: Mr. Cook, do you have a burning desire to attest to the microphone today, rather
than on the 16th?
Mr. Clark Cook: Commissioner, I'm subject to tell you...
Vice Chairman Plummer: You're Clark Cook.
Mr. Cook: Clark Cook, Miami Parking System, 190 Northeast 3rd Street. I've been involved in this issue
for a long time. I've talked to most of the City Managers that have been there. I have explained, basically,
how the funds came, showed the documentation and gone forward. The City Manager and I talked several
weeks ago. We looked at it. He got legal response and I -- my understanding was, he got the legal report
yesterday. I don't follow quite the area that you're talking about but I did speak with him. I have spoken
82 October 27, 1998
with other City Managers. My first full explanation....
Commissioner Teele: Well, I mean, I just want...
Mr. Cook: ...was approximately two weeks ago. It does not -- it's not part of the two million dollar
($2,000,000) trade-off, as I told you, when we talked. I never said that it was. It is not -- it is part of the
regular method of doing business.
Commissioner Teele: Mr. Cook, I care about my reputation, too. I care about the spend games that have
been going on out of the administration. Now, the Manager said on the record he resented this midnight
attack on the budget hearing, which is what started all of this. Now, was it not your understanding and did
not the board -- your board vote, some two months before, that the funds that belong to the CRA would go
to the CRA, as long as there was an instruction from you from the Manager?
Mr. Cook: My board didn't vote but I got a verbal instruction from my Chairman that, as long as the City
Manager told me that the funds could go, that I could send the funds. The funds are still sitting there,
Commissioner.
Commissioner Teele: Well, Mr. Cook.
Mr. Cook: Yes.
Commissioner Teele: Was not the original instructions to divert those funds an oral instruction by Mr.
Caesar Odio to you?
Mr. Cook: That is -- by written -- by a written instruction.
Commissioner Teele: No, initially it was by oral instructions. You walked out of here, the Commission
voted and, according to your Chairman, you were orally instructed.
Mr. Cook: Yeah. And I got a written -- I gotten written follow-up, as you know.
Commissioner Teele: So, the point that I made that night...
Mr. Cook: Yeah.
Commissioner Teele: ...and the point that I make again tonight is, I am not interested in continuing a-- oral
instructions are an instructions from Mr. Caesar Odio to divert those funds and the action that this
Commission voted on the budget by not instructing the Manager and by the Manager not agreeing to divert
those funds continues that Mr. Odio's legacy. And while this Manager may object to the characterization of
"he is continuing Mr. Odio's policies" that is clearly the effect of where we are today. Until the Manager
issues a written instruction to you from your -- in accordance with your board, we will be continuing the
Odio policy, which was started with an oral instructions from Mr. Odio to you to divert those funds. Now, is
that an unfair or an untruthful statement?
Mr. Cook: No, no. I don't think it's unfair at all, Commissioner. But I want you to know-- I want to be
very clear.
Commissioner Teele: But you see, the press has tried to characterize this as something that I attacked the
Manager and the Manager said that he didn't want to be compared to Odio but the fact is, he's continuing
Caesar Odio's policies.
Mr. Cook: Well, I want to make very clear, the Manager...
Mayor Carollo: Here we go again.
Commissioner Teele: Wait, Mr. Mayor. I have the floor and you're not going to interrupt me. You're not
going to come in here and start interrupting me.
83 October 27, 1998
Mayor Carollo: You have the floor, sir. You have the floor.
Commissioner Teele: OK, then let's just leave-- let's agree to that.
Mayor Carollo: You have the floor.
Commissioner Teele: Because I'm not going to start with you. Don't start with me and I won't start with
you. I like you a lot, Joe. I endorsed you for Mayor.
Mayor Carollo: Art -- Humberto, please. Come on.
Vice Chairman Plummer: All right.
Mr. Cook: May I -- Could I respond, Commissioner to what...
Mayor Carollo: Humberto, come on.
Commissioner Teele: Who's Humberto?
Vice Chairman Plummer: Excuse me. Mr. Cook has the floor.
Commissioner Teele: Who's Humberto?
Mr. Cook: I simply want to say to you...
Vice Chairman Plummer: Mr. Cook, proceed and finish and this issue is finished until the 16th.
Mr. Cook: Commissioner Teele, I spoke with the Manager yesterday.
Commissioner Teele: Yeah. But, J.L., let me say this. See, the Manager's got a thousand people. They
were beeping people in the middle of the night on the night of the budget meeting. I got a call from Joe
Tanfanni, who said he got a beep at one o' clock on this thing. There was a major spin. And what the public
read and what the public saw was not the truth. The Manager misstated, clearly misstated, if he did not
misrepresented the truth, about what was going on and I'm going to get this on the record.
Vice Chairman Plummer: Mr. Teele, the question you asked to bring Mr. Cook to the podium was a
question. He has answered the question. Now, Mr. Cook, if you've not finished answering his question,
please do so and let's move on.
Mr. Cook: I'm all for it. Believe me, let me answer the question.
Vice Chairman Plummer: Please.
Mr. Cook: Commissioner Teele, I want to be very clear. I don't want to leave any spin ?. I did explain to
the City Manager several weeks ago the issue. I do know he went to the City Attorney to get some advice. I
do know the City Attorney advised him yesterday. I do know that he called me yesterday. I just want to be
sure you understand. He called me yesterday and said, "I will write you a note and tell you to do that."
Commissioner Teele: Mr. Cook, that's not my question. My question is, on the night...
Mr. Cook: When I called -- and I called you. OK.
Vice Chairman Plummer: Are you finished? Wait a minute.
Commissioner Teele: I want to ask...
Vice Chairman Plummer: Are you finished, Mr. Cook?
Commissioner Teele: I want him to answer my question, J.L.
84 October 27, 1998
Vice Chairman Plummer: All right, that's fine.
Commissioner Teele: The budget hearing -- the night of the budget hearing, when I was accused of a sneak
attack in violating the process, had you not advised the Assistant City Manager twice, Dena, the Assistant
City Manager, who discussed this with you and had you not gone in details with her, that these were CRA
funds, that these were not a part of the so-called excess agreement and that this was all right with your
board?
Mr. Cook: I talked to Ms. Cuervo about that a long time ago and I believe it was before this City Manager
was sitting, if my memory is correct.
Vice Chairman Plummer: Thank you, Mr. Cook. Mr. Manager, you are absolutely the last word on this
issue.
Mr. Warshaw: And I'll be very brief, Commissioner.
Vice Chairman Plummer: Thank God.
Mr. Warshaw: I just want to say, for the record, that when you sit in the Manager's chair, likewise in a
Commissioner's chair, there's nothing wrong with saying, I don't know. What happened the night of the
budget hearing is, I was asked whether or not the revenue from these parking lots belonged to the CRA? My
answer was, I don't know. And I went to the City Attorney, who only advised me yesterday, after having
checked that the deeds had finally been recorded -- some of which, by the way, were not recorded until this
year. So, there's nothing wrong with saying I don't know. It's better to say I don't know than to lie and give
a miss truth.
Vice Chairman Plummer: Item 16.
Commissioner Teele: Mr. Chairman, if I may?
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, if I may. There are one or two housekeeping matters for the meeting
of the 16th. I am particularly interested if the City Attorney would query and be prepared to report, if the
CRA were to receive CDBG block grand funds as a sub recipient, to carry out eligible CDBG activities in
the community redevelopment area, could city employees be detailed as staff for the CRA, whose funds are
paid out of those funds? And, if yes, could the funds for the activities include salaries be awarded on a
multi -year rather than being awarded annually? I would also like the City Attorney to be prepared to discuss
that since the City is a grantee for the CDBG entitlement purposes, would HUD allow the designation and
funding of such sub grantee, I would also like to know if sub grantees are allowed, what other criteria and
procedures are being designated or so for designation and funding? And, finally, in terms of CD
reprogramming funds, are HUD guidelines for allocating such funds to sub recipients different from
guidelines for allocating funds to sub grantees? Mr. Manager, Mr. Chairman, I would also like to just be
very clear and finish out the record, since the record has been built by the management on this issue. That
they -- the County was asked -- and the Mayor brought this up today. A copy of the letter has been
forwarded -- to make a payment in lieu of taxes as to Washington, DC. As you know, one of the problems
of the CRA area, J.L., is the fact that because Park West and Overtown are so close to downtown, every
expansion of the federal court system, every expansion of the GSA (General Services Administration), every
expansion of the Miami -Dade Community College, literally reduces the tax base of the city. And one of the
things that happens in cities like Washington, DC, and other governmental -- other cities that are
governmental centers, is that payment in lieu of taxes are made. The Manager is supposed to have reported
to us, I think, two months ago -- we've not received that report -- on the Good Neighbor Policy that the
federal government and the city have supposedly been negotiating. But one of the things that I think we
should be doing is trying to negotiate a good neighbor policy with Dade County. The Courthouse Tower,
the Courthouse Square and Dr. Morris has substantiated this, was a payment in lieu of taxes. When the
county took the Courthouse Tower off of the CRA boundaries or demapped it from the tax rolls, it cost the
CRA four hundred thousand dollars ($400,000.) of reoccurring funds. And I think, you know, that the CRA,
on November 16th, should consider a formal action relating to the County in asking them to make payment
85 October 27, 1998
in lieu of taxes and I would be guided by anyway that the Mayor would like to assist us in how to delicately
present that issue. I would only note that if revision seven passes, the City -- the County would free up
about a hundred and twenty million dollars ($120,000,000) of funds annually on a reoccurring basis. So, I
think that's a very, very important issue. And, finally, and this is very important, Mr. Manager. The County
and the City on these interlocal agreements, on these creation of these districts, are partners under state law.
We were supposed to have had today an analysis of the Omni Park District, which, again, to my knowledge,
has not been forthcoming but it was due for this meeting. But the fact of the matter is, the City has gone --
the County has gone forward and has presented the approval of the redevelopment plan for the Omni. Now,
let me be very clear, Commissioner Gort and Commissioner Plummer, this is your district. The deal that the
City agreed to is a horrible deal for the City. Anyway you cut it. We're going to take city tax dollars. We're
going to get the first one and a half million of City and County tax dollars and, for the next 30 years, we're
going to fund the Performing Arts Center, which is going to be a County facility. It is going to be estimated
at about two million dollars ($2,000,000) of City funds, annually, will be going into this facility and the deal
that we cut, we, the City of Miami, cut-- and I was on the commission. It was my resolution for the County,
the deal that we cut -- the deal that the County cut was as great deal for the County and, as I said, I
sponsored the legislation. But it was a bad deal for the City. And the reason it's a bad deal is because the
Performing Arts Center essentially is going to be built with funds from City tax payers. The property taxes
of the Omni -- all of the city taxes will go into a pot, after the first million and a half dollars ($1,500,000)
and over the next 30 years, we're talking about something like eighty million dollars ($80,000,000), ninety
million dollars ($90,000,000) of City money will go into a pot to build the Performing Arts Center. The
Performing Arts Center is going to be great. It's going to help the City. It's going to help the County. But I
got to tell you, it was a bad deal for the City.
Vice Chairman Plummer: Well, we have to know why was it a bad deal? Go ahead.
Commissioner Teele: Now, the point is this, Mr. Manager, the County has approved, of course, the Omni
tax district budget and plan but they have decided to defer the Park West district and plan. I would move
that the Manager be instructed not to sign any agreements or disperse any funds for Omni, unless and until
the County and the City reach an agreement on both tax increment districts. We've got to stop taking care of
the Omni first and Overtown later. And see, this is an example of how government works. And I think it's
extremely important that we hold those two tax increment districts together and that we not negotiate with
one without negotiating with both. Because if we don't, I can tell you what's going to happen to the poor
part of the town and the poor part of the district. They're going to get left behind and the Omni, with its
edifice to the downtown fathers, will go forward. So I would, respectfully, move that the Manager be
instructed not to transfer any funds or to enter into any agreement on the Omni until the agreements have
been completed with Park West...
Vice Chairman Plummer: Motion on the floor. Is there a second?
Commissioner Regalado: I'll second.
Vice Chairman Plummer: Is there a second?
Commissioner Regalado: I'll second that because I think it's fair.
Vice Chairman Plummer: Seconded by Regalado. Under discussion?
Mayor Carollo: Is this a pocket item?
Commissioner Teele: It's germane to the discussion that we're having on the Park West.
Mayor Carollo: Just asking if it was a pocket item..
Vice Chairman Plummer: All right. Any further discussion? Motioned understood? All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show it unanimous.
86 October 27, 1998
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-1072
A MOTION INSTRUCTING THE CITY MANAGER TO NOT SIGN ANY
CONTRACTS NOR DISBURSE ANY FUNDS FOR THE OMNI
COMMUNITY REDEVELOPMENT DISTRICT UNTIL MIAMI-DADE
COUNTY HAS APPROVED THE CONTRACT FOR SOUTHWEST
OVERTOWN/PARK WEST DISTRICT IN ORDER THAT BOTH AREAS
ARE HANDLED AT THE SAME TIME.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort.
Vice Chairman Plummer: Mr. Teele, let me just say to you, sir, that when you were on the other side of the
fence, I was on this side fighting for the CRA. And not you, personally, but the County Commission played
a magnificent game of monopoly, where they held the dice because they would not allow the City to go into
any kind of interlocal agreement. At first, they wanted to take five million dollars ($5,000,000) of our
money for the homeless. That was the first stab they made at us.
Commissioner Teele: Out of the Omni?
Vice Chairman Plummer: Out of the Omni district. Then, they came back and they wanted to talk about the
Performing Arts. They came back and talked about everything. And, basically, what they said every time
they came back, "City, you ain't going to get a damn thing until we get the most of it." And because they
held an authority over the City, that we could not move without their approve, that's why we got a bad deal.
Vice Chairman Plummer: OK. Mr. Mayor, if you wish to take over, we're back to Items 12 and 13 and,
then to 16.
Mayor Carollo: We're now on Item Number 12.
Vice Chairman Plummer: Mr. Mayor, on Item 12, I got a major problem with Item 12. And I got to tell
you, not necessarily with the fees that are being paid. Mr. Mayor, we have parks in this city that are hurting.
I mean, hurting big time. They don't have the proper supervision; they don't have the proper maintenance,
and I got to tell you, when I look at this agenda here for this scenario, we're talking about three hundred and
fifty-nine thousand dollars ($359,000.) a year of operational expenses. And I don't know who drew this
budget up, OK, but I'm saying to you, I don't want to be making any overtures to the people of this
community, that we're spending all kinds of dollars fixing that place up, when I don't know where the three
hundred and fifty-nine thousand five hundred and two dollars ($359,502) are coming from every year.
You're talking about salaries with a forty percent fringe benefits. I got a major problem with that, when we
87 October 27, 1998
can't even talk about eight percent with the Assistant City Managers.
Commissioner Regalado: Excuse me.
Vice Chairman Plummer: I have some real, serious concern that one area, until I know where the money is
going to come from for ONM, I'm not ready to vote on this issue. I want to tell you.
Commissioner Regalado: J.L., if I may.
Vice Chairman Plummer: Yeah.
Commissioner Regalado: What we're doing here today, at least that's what I understand, is, we're trying to
go forward with the architect.
Vice Chairman Plummer: I hear you.
Commissioner Regalado: The Virrick Gym, it's been repaired with the money that was allocated. It be done
on March, although I think it should have already been completed by, we were told November or December.
But now I understand it will be done on March. So, we need to move ahead on this structure because, if we
don't -- I mean, we keep coming back to the Commission and I think that we should go ahead and vote on
this. This is the architects. The user's agreement will be coming here, later on.
Vice Chairman Plummer: I hear you. I hear you.
Commissioner Regalado: And we should discuss the user's agreement and we should discuss the
management agreement at length. And I mean -- and we should sit down with the Manager and with the
Parks Director and with Diane and discuss. But if we don't do this today, you know, we're going to be
delayed. We are in jeopardy of losing some park bond money.
Vice Chairman Plummer: I am not trying to delay the project. I only want to go one step further. Mr.
Manager, I read in the "Miami Today," OK?, about this activity. It was clearly and distinctively stated at
this Commission level that there was four parties involved, as I recall. I can recall three. First and foremost,
Shake -a -Leg. Second of all, YMCA and, thirdly, was the Boys and Girls Club of Miami.
Ms. Diane Johnson: That's correct.
Mr. Warshaw: The fourth was PAL (Police Athletic League).
Vice Chairman Plummer: And then fourth was PAL (Police Athletic League). Thank you. Now, in that
article, I did not see the names of the Boys and Girls Club, nor did I see the name of the PAL.
Mr. Warshaw: They're definitely in there, sir.
Vice Chairman Plummer: Well, sir, I just want you to know that that is, without a doubt, the four entities
that are deeply involved and will be involved in the operation.
Mr. Warshaw: That's correct.
Vice Chairman Plummer: OK.
Ms. Johnson: That's correct.
Commissioner Regalado: And what we're doing here is trying to establish the ground rules for the
administration to do this.
Vice Chairman Plummer: OK. And, as you say, the only thing we're doing here, today is for the
architectural. Now, does anybody want to move it?
Commissioner Regalado: Yes, I move.
88 October 27, 1998
Vice Chairman Plummer: Moved by Commissioner Regalado. Seconded by the only one left.
Commissioner Sanchez: Well, I have some concerns and it's basically the same concerns you brought out,
but...
Vice Chairman Plummer: OK.
Commissioner Sanchez: I'll second it.
Vice Chairman Plummer: All right. That's on Item 12. Is it an ordinance, Mr. City Attorney?
Ms. Johnson: No, it's a resolution.
Vice Chairman Plummer: It is a resolution. Is the motion understood?
Ms. Johnson: May I...
Vice Chairman Plummer: Yes, you may.
Ms. Johnson: ...state only for the record that the resolution currently reads a resolution with attachment. It
should read only the resolution authorizing the Manager to execute the document in a form acceptable to the
City Attorney. There have been some modifications to the draft that was attached. The City Attorney's
office feels there's significant...
Vice Chairman Plummer: Can I ask a question?
Ms. Johnson: Doesn't change the fee.
Vice Chairman Plummer: Is this architectural firm in the City of Miami?
Ms. Johnson: Yes, it is.
Vice Chairman Plummer: You're sure?
Ms. Johnson: Yes.
Vice
cChairman Plummer: OK. That's good. Nice to hear it. I hope more start listening. All in favor, say
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-1073
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
THE NEGOTIATED AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH THE FIRM OF DUANY, PLATER-ZYBERK AND
COMPANY, TO PROVIDE PROFESSIONAL PLANNING AND DESIGN
SERVICES FOR THE VIRRICK COMMUNITY WATER SPORTS CENTER
PROJECT, PHASE II, FOR A BASE FEE OF $368,000 WITH ALLOWANCES
NOT TO EXCEED $25,000 FOR REIMBURSABLE EXPENSES AND UP TO
$100,000 FOR PRESCRIBED ADDITIONAL SERVICES, LIMITING INITIAL
AUTHORIZATION AND SCOPE OF SERVICES TO AN AMOUNT NOT TO
EXCEED $350,000 UNTIL SUCH TIME AS SECOND YEAR SAFE
NEIGHBORHOOD PARK ("SNP") BONDS ARE APPROVED BY THE CITY
AND MIAMI-DADE COUNTY; ALLOCATING FUNDS THEREFOR IN
SAID AMOUNTS FROM THE SNP BOND PROGRAM AND CAPITAL
IMPROVEMENTS PROJECT NO. 333124, ENTITLED "VIRRICK
COMMUNITY WATER SPORTS CENTER PROJECT."
89 October 27, 1998
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Mr. Cruz: Hey, hey, hey.
Vice Chairman Plummer: Mr. Cruz.
Mr. Cruz: Yeah. I wasn't going to be here today but the other day something happened at the park in
Allapattah made me come here today. For the record, Mariano Cruz, 1227 Northwest 26th Street. And I
called by phone, left a message with the City Manager. I left a message with AlbertRuder's phone number
too. We went, my wife, my grandson, me personally and my son to play at Comstock Park about 5:30
Sunday afternoon. We were there playing...
Vice Chairman Plummer: Are you speaking ... Mr. Cruz?
Mr. Cruz: (Unintelligible)
Vice Chairman Plummer: Mr. Cruz, speak to the issue.
Mr. Cruz: Well, the issue is, so much money --
Vice Chairman Plummer: The issue is Virrick Gym.
Mr. Cruz: So much money is spent here, all right. So much money. Why...
Vice Chairman Plummer: If you have a problem with that, so state it, but speak to the issue.
Mr. Cruz: Right. Why we don't get -- the same thing happen -- it will not happen then. We don't have the
money for the support services later on for the program, for the people to keep the bathroom open.
Vice Chairman Plummer: Thank you, sir.
Mr. Cruz: That's what is going on there.
Vice Chairman Plummer: Thank you, sir.
Mr. Cruz: Somebody's making a lot of money here.
Vice Chairman Plummer: Thank you. What?
Mr. Cruz: Probably.
Vice Chairman Plummer: Excuse me. When you stand up there and you make those asinine kind of
statements, that "somebody's making a lot of money"...
Mr. Cruz: Right.
90 October 27, 1998
Vice Chairman Plummer: .A wish you would do what you're supposed to do.
Mr. Cruz: When I get the names, I tell the names here.
Vice Chairman Plummer: Go to the State Attorney's Office. You stand up there and make those kind of
comments, it's a reflection back on this Commission. So, please.
Mr. Cruz: I can have grievances too.
Vice Chairman Plummer: Yeah, right.
Mr. Cruz: I'm not afraid of you.
Vice Chairman Plummer: Yeah. The next time you run for public office, you can remember that. And you
lost very badly. Yes, sir.
Mr. Daniel Ricker: Daniel Ricker, 4302 Ingraham Highway. I just want to say that everyone in the Grove
certainly would like to see something occur with the Virrick Gym and all the...
Vice Chairman Plummer: Thank you, sir.
Mr. Ricker: Just make sure you pull it off. That's all.
Vice Chairman Plummer: All right. Item...
Commissioner Regalado: OK. Once again, are we still on the March date for the Virrick?
Mr. Kay: Yes, sir. For the shell construction.
Commissioner Regalado: And the Commission will have the possibility of looking at the final plans in the
next...
Mr. Kay: When the final plans are prepared, yes.
Vice Chairman Plummer: All right. I'd like to call the roll on 12 if everybody is finishedjibber jabbering.
Commissioner Sanchez: Well, no. I got a question.
Commissioner Regalado: We already voted on it.
Vice Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: I still have to jibber jab a little bit more.
Commissioner Regalado: We already voted on it.
Commissioner Sanchez: No, we haven't.
Vice Chairman Plummer: No, we haven't.
Commissioner Regalado: Yes, we did.
Commissioner Sanchez: I think we should jibber jab a lot...
Vice Chairman Plummer: Mr. Clerk said we did not.
Mr. Foeman: It was interrupted.
91 October 27, 1998
Commissioner Sanchez: ...when you're going to be...
Mr. Foeman: It was interrupted.
Commissioner Sanchez: ...giving away something for -- you know, three hundred and fifty-nine thousand
dollars ($359,000). When is the final date that it's going to be done, the final date when it's projected to be
open?
Ms. Johnson: The projected date for the completion of the project is fall of the year 2000.
Commissioner Sanchez: And it's going to cost us three hundred and fiftynine thousand dollars ($359,000)
to run it up -- that's not including the...
Commissioner Regalado: No, no. We're...
Ms. Johnson: That is a projected operating expense and Mr. Ruder can address the specifics of how we
intend those expenses to be covered.
Vice Chairman Plummer: A simple question, when do you actually think we're going to cut the ribbon?
Ms. Johnson: The fall of 2000.
Vice Chairman Plummer: Let's not have editorializing around here. Thank you. Does that answer your
question, sir?
Commissioner Sanchez: Yes.
Vice
Chairman Plummer: Thank you. Does anybody else feel a burning issue to speak? All in favor, say
'e.�
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed? Show unanimous.
24. PERSONAL APPEARANCE: OLGA FRAGA, EXECUTIVE DIRECTOR OF ± THE COCONUT
GROVE CHAMBER OF COMMERCE -- TO REQUEST VARIOUS AUTHORIZATIONS AND
WAIVERS RELATED' TO "SUPER SPORTS SPECTACULAR" FESTIVAL SCHEDULED FORT
SATURDAY, JANUARY 30, 1999, TO COINCIDE WITH SUPER BOWL WEEKEND.
Vice Chairman Plummer: Item 13, Mr. Mayor.
Ms. Johnson: Thank you.
Mayor Carollo: We're on Item 13, now?
Vice Chairman Plummer: Yes, sir.
Mayor Carollo: Ms. Olga Fraga.
Ms. Olga Fraga: Good afternoon, gentlemen. I'm Olga Fraga, Executive Director of the Coconut Grove
Chamber, 2820 McFarland Road, Coconut Grove. I'm here to ask you -- I was previously here before the
Commission asking for waivers having to do with street closures, et cetera, where this is the Super Sports
Spectacular, which is Super Bowl weekend. We no longer request street closures. We have no need for any
of the waivers having to do with the noise ordinance or anything like that. The one thing we are asking for
is to be allowed to sell liquor during the event. We have Bacardi, which is an international company based
here in Miami, as a sponsor for the event.
Mayor Carollo: What is the will of the Commission?
92 October 27, 1998
Vice Chairman Plummer: Well, excuse me. What is the recommendation of the administration? Hello?
Mayor Carollo: Approval with conditions.
Vice Chairman Plummer: What are the conditions?
Mr. Warshaw: The conditions are that they will pay for all the costs of City services, applicable permit fees;
they'll obtain insurance, including liquor liability, to protect the City in the amount stipulated by City
requirements; they'll institute an identification program to assure that only those over the age of 21 buy
alcoholic beverages.
Vice Chairman Plummer: With conditions so stated, I move it.
Commissioner Sanchez: Second.
Mayor Carollo: It's a motion by Commissioner Plummer. Seconded by Commissioner Sanchez. Are there
any further discussion or further questions? Hearing none, all in favor, signify by saying "aye." There are
no nays. Thank you.
Ms. Fraga: Thank you, gentlemen. Thank you.
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-1074
A RESOLUTION RELATED TO THE SUPER SPORTS SPECTACULAR TO
BE CONDUCTED ON JANUARY 30, 1999, BY THE COCONUT GROVE
CHAMBER OF COMMERCE AT PEACOCK PARK; AUTHORIZING A
ONE -DAY PERMIT FOR THE SALE OF BEER, WINE, AND ALCOHOLIC
BEVERAGES IN THE AREA DURING SAID EVENT, SUBJECT TO THE
ISSUANCE OF ALL PERMITS REQUIRED BY LAW; WAIVING THE
RESTRICTIONS THAT TWO EVENTS SHALL NOT TAKE PLACE ON
SUCCESSIVE WEEKENDS; 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 IN CONNECTION
WITH SAID EVENT; CONDITIONING ALL APPROVALS AND
AUTHORIZATIONS GRANTED HEREIN UPON THE ORGANIZERS: (1)
PAYING FOR ALL OTHER NECESSARY COSTS OF CITY SERVICES AND
APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (2) OBTAINING
INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE; AND (3)
INSTITUTING AN IDENTIFICATION PROGRAM TO ASSURE THAT
ONLY THOSE INDIVIDUALS OVER THE AGE OF TWENTY-ONE MAY
PURCHASE ALCOHOLIC BEVERAGES.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
93 October 27, 1998
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: We're now on item-- Mr. Mayor, up to Item 16.
Mayor Carollo: Item 16 is a discussion regarding Teatro Marti.
Vice Chairman Plummer: Mr. Mayor, if I may, for one. Mr. Dudik, the issue you're waiting for, sir, will not
be ready to this afternoon. They're going to give it to me tomorrow and I will see that you get a copy of it,
sir. Go to the Cape and have a good time. See you when you get back. I'm sorry.
Commissioner Teele: Mr. Chairman.
Mayor Carollo: Excuse me, Commissioner Teele. Let me make sure if Mr. Capote is going to speak, if he
has a translator or...
Ms. Madelyn Ravelo: Yes, we can.
Mayor Carollo: ... if we have to provide one for him. Will you translate for him or...
Ms. Madelyn Ravelo: Yeah.
Ms. Mirita Caro: That's OK. That's OK. We could translate for him.
Mayor Carollo: OK. They'll translate for him. Go ahead, Commissioner. You had a question?
Commissioner Teele: Mr. Chairman, thank you. I want to again acknowledge -- and, at any point, I will
defer to my colleague, Commissioner Sanchez, for bringing this matter forward. It was my hope, and I
thought it was the instructions, that the staff would provide a financial analysis and all of the background
related to this transaction. I'm encouraged to see that Mr. Phillips is present and, Mr. Chairman, with your
permission, I would like, at least, to get on the record, what is the financial situation relating toTeatro Marti
and how much is owed and what is the status of the loan? And I want you to know, Mr. Phillips, I'm
extremely mindful of the HUD audit findings that the Commission has inappropriately, from time to time,
interfered with the collection of dollars and I certainly don't want to do that but I think the Commission has
94 October 27, 1998
broad discretion here.
Mayor Carollo: Mr. Phillips, for the record, can you state your name, who you represent, and address
Mr. Cesar Phillips:: Cesar Phillips, Miami Capital Development, 300 Biscayne Boulevard Way, Suite 614.
Let me -- first of all, Commissioner, as you know, two loans were made on the property with CDBG funds.
We ended up having to foreclose on that property back on -- in July and received title to the property in
August. Basically, when you ask what's the amount owed, if we look at principle and look at the fact that we
had to pay in property taxes, that's the property taxes both to the City and to Dade County and then,
secondly, we ended up having to pay occupational licensing fees going back to 1994, and also personal
property taxes, which was in the amount of roughly about seventy-five hundred dollars ($7500) because a
tax warrant had been issued. Basically, if we look at the total principle amount, we'll be talking in the
neighborhood of about four hundred and forty thousand dollars ($440,000). The problem with Teatro Marti
-- and I think Mr. Capote can address this -- is, the theater has never been successful as a business, OK. I
think that's really the crux of the issue. It has not been successful as a business. This is not my saying. I'm
just quoting the previous operators.
Commissioner Sanchez: Those are the facts.
Commissioner Teele: Mr. Phillips?
Commissioner Regalado: Excuse me.
Commissioner Teele: Excuse me. If you would, just, please answer my question. What is the financial
status and obligation of the owner -- of the former owner of the building? How much money does Miami
Capital have into this building and who are the other second mortgage or third mortgage or other lien
holders?
Mr. Phillips: There aren't any. It's just Miami Capital.
Commissioner Teele: And what was the amount of money? Did you state that for the record?
Mr. Phillips: Yeah, I stated four hundred and forty thousand dollars ($440,000) in principle.
Commissioner Teele: Four hundred and forty thousand in principle, plus interest, plus taxes, plus
everything.
Mr. Phillips: Well, that included the taxes, correct. That does not include the interest.
Commissioner Teele: What was the appraised value of the building?
Mr. Phillips: The appraised value of the building was four hundred seventy-two thousand dollars
($472,000.).
Commissioner Teele: And when was that appraisal done?
Mr. Phillips: That appraisal was done -- the last appraisal was 1996.
Commissioner Teele: Mr. Chairman -- I'll be happy to yield to you, Commissioner -- but I want to put on
the record that the memorandum that has been provided to us, dated October 19th, from a Miss Sarah Eaton,
the preservation officer of the City, is the only documentation that I have. Was there other documentation or
files forwarded on this matter, Mr. Manager, pursuant to our request?
Ms. Dena Bianchino (A.C.M.): No, sir. The request that was made to us was to give consideration as to
whether this building could be made historic and Community Development Block Grant funds be used to
proceed with the project. There was no financial information requested.
Commissioner Teele: Let me just read into the record so that my support for this project can be clearly
couched. The building does not appear to be architecturally significant, based upon the memo that I have
95 October 27, 1998
before me.
Ms. Bianchino: That is correct, sir.
Commissioner Teele: Appear to be, although, obviously, it would require further examination. And there
does not appear to be a documented history of the building that would tend to make it-- exemplifying the
historical trends of the building. And the one historical factor that is associated with this building is the fact
that it was — appears to be once the office or headquarters of the Klu Klux Klan during the 1920's. Is that a
fair characterization?
Ms. Eaton: Yes. Sarah Eaton, preservation officer.
Vice Chairman Plummer: And we want to preserve that?
Commissioner Teele: You know, Commissioner-- you know, if this weren't such a serious matter, I would
shoot back something but, you know, can I tell you something? One of the things that I respect about the
Jewish community is that they never let their people or the public forget what was happening. I think that
this community is mature enough that we don't want to sweep under the rug the fact that theKlu Klux Klan
once ran portions of this town. I, for one, would very, very, very, very, very much like to preserve the
building and to have a full historical context of the building. Because I think one of the problems that we're
dealing with are the vestiges of that and Overtown didn't just get the way it was. You know, the record is,
Overtown was colored town and it didn't just happen that way. And I, for one, think that this is a very
important part of history. I know there are a lot of black scholars. In Tampa there was a group of blacks
who demanded that a ship be sunk, a slave ship be sunk because they didn't want to preserve that, J.L.,
consistent with your question. But I think we, as a community, need to preserve vestiges of what this
community really was once about. And I want to be associated with anyone on this Commission, if there are
two other people, who would like to undertake a serious effort to determine whether or not this building can
be qualified as a building for the national historic register and I think we owe it -- I think we owe it to
buildings that was built in 1925. And I really do believe that I would like to be able to have field trips,
where children can go and see what was once the Klu Klux Klan office, you know, and we need to stop
denying the fact -- because I think, if we could come to grips with that, we can deal with some of the
problems of this city in 1998.
Commissioner Sanchez: Mr. Vice Chair.
Mayor Carollo: Go ahead, Commissioner.
Vice Chairman Plummer: Mr. Teele, if I may, sir. I respect your right to have your opinion and I'll respect
my right. The things I want to see about this town are positive things, not negative. And, to me, theKlu
Klux Klan was not positive. I only asked the question because maybe I'm lost. I thought that this building
had gone into foreclosure. It was no longer in the hands of this City Commission. And all I think that this
City Commission at this point can do, if I'm not mistaken, is recommend to those people who are in
authority to consider this as a historic building, as a recommendation from this City Commission.
Foreclosure is done. It's over. It's gone. And things were not then -- now, unless -- if I'm wrong, please,
somebody tell me so, but...
Commissioner Teele: If the gentleman would yield, I will give you a different interpretation
Vice Chairman Plummer: I'll be happy to yield if you have information that I need correcting
Commissioner Teele: Under the Federal Rules -- and this is very important, because this Commission --
you've been here 29 years, right?
Vice Chairman Plummer: More or less.
Commissioner Teele: This Commission has never funded one project as a historic preservation project, as
an eligible CD activity, based upon the information that was given to me when I started out the research of
this a year ago. The community development-- don't interrupt me, ma'am. I won't interrupt you.
96 October 27, 1998
Ms. Bianchino: I didn't say anything, Commissioner.
Vice Chairman Plummer: Good God.
Commissioner Teele: The record was as...
Mayor Carollo: Here he goes again.
Mr. Warshaw: I don't accept that.
Vice Chairman Plummer: Excuse me. Please.
Ms. Bianchino: Commissioner, I didn't say anything to you.
Vice Chairman Plummer: All right, all right, all right.
Commissioner Teele: The record is here. We have the representations of the Community Development
director.
Vice Chairman Plummer: Must be a full moon.
Commissioner Teele: We have the representations of the Community Development director. In either
event, in the last four or five years that I have reviewed the files personally, there are seven eligible
categories of activities, J.L., for community development funding. One of which is historic preservation.
Now, let me tell why you're -- you need -- you should take a different view. The most liberal for funding
under Community Development is Public Service and Historic Preservation. If a project is deemed to be
historically significant, by not the Federal register or the Department of Interior, but actually under a
separate regulation of HUD, which is much more lenient than the interior finding, even if the building were a
commercial building, privately owned, it could still be funded. But the point is this, if we determine this
building and if it is determined that it is an eligible historic preservation project, under Federal guidelines,
we can then move, utilizing CDBG funds, to make this a public facility, OK?, just like a park. Just like a
laboratory where children can go and see. And once you do that, we basically remove the Miami Capital
from the equation and if we choose to negotiate with this gentleman, to use it or someone else, it would be
subject, of course, to a competitive process. But I can tell you this, the historic designation category, one of
seven, public service, housing, economic development, administration, being the others, is an eligible
category, which this City Commission has rarely used and I would simply request, Mr. Manager, if you
would give me a list of all the historic designation under-- as a category advertised as historic designation.
As a category advertised as a historic designation in the last five years, I'd be grateful.
Vice Chairman Plummer: OK. I still --
Commissioner Sanchez: Mr. Chairman.
Vice Chairman Plummer: Excuse me.
Mayor Carollo: Time out. Commissioner Sanchez has been trying to get a word. I hope that other
members of the Commission have some time to express themselves and if any member of the staff would
like to enlighten us or preach to us, you're also welcome to do that. Commissioner Sanchez.
Commissioner Sanchez: Thank you, Mr. Chairman. Mr. Chairman, as you know, that building is in my
district. Let me tell you -- let me just -- it's in my district and I want to let you know...
Commissioner Teele: Just keep it up.
Commissioner Sanchez: ...the importance of that building...
Commissioner Teele: Keep it up.
Commissioner Sanchez: ...brings a lot of history...
97 October 27, 1998
Mayor Carollo: Keep what up, Commissioner?
Commissioner Sanchez: ... to the City of Miami.
Mayor Carollo: Are you threatening me?
Commissioner Sanchez: I know it's in the negative way with theKlu Klux Klan being there.
Mayor Carollo: Are you threatening me?
Commissioner Teele: Take it any way you want to.
Commissioner Sanchez: Excuse me. Hey.
Mayor Carollo: No, no, no.
Commissioner Sanchez: Now, wait a minute.
Mayor Carollo: I apologized but, you know, I'm not going to have someone interrupting you while you're
speaking. You know, being -- you know, saying things to me behind — if they want to say anything, let's get
it on the record and get it out. You know, this is getting to be ridiculous. You want to fight with everybody.
Commissioner Teele: Joe, I said keep instigating and you're going to get it right back. Now, I told you, I
didn't want to fight with you this afternoon.
Mayor Carollo: Art, you know, if you...
Commissioner Teele: If you give another speech -- if you tell me anymore about preaching...
Mayor Carollo: Well, that's -- you -- you know, you accused me this morning of trying to filibuster.
Commissioner Teele: Yes, I did, I did.
Mayor Carollo: You accused J.L. of trying to monopolize the meeting.
Commissioner Teele: No, I did not.
Mayor Carollo: If we can't bring anything up...
Commissioner Teele: No, I did not.
Mayor Carollo: ...that you don't speak and speak and speak.
Commissioner Teele: I accused you of being Willie Lynch. That's what I accused you of being.
Mayor Carollo: And 75 percent of all the time that we spend in this Commission meetings is listening to
you. Now, the rest of us understand things too, Art, you know.
Commissioner Teele: You're the only one talking.
Mayor Carollo: I appreciate ... I appreciate...
Commissioner Teele: You're the only one talking.
Mayor Carollo: I appreciate what you're trying to say but we understand things too.
Commissioner Sanchez: Hey.
98 October 27, 1998
Mayor Carollo: There he goes again. Humberto.
Commissioner Sanchez: Listen, let-- we cannot function like this. I cannot work like this.
Mayor Carollo: Can you let him speak, please?
Commissioner Sanchez: Look, this is -- this has gone way over board on this. You know, this is
unbelievable. We can't have this. We cannot have two public official arguing up here just about to a point
where you're going to go at each other's throat. I can't work like this, you know. I just can't.
Mayor Carollo: Neither can the whole administration or anybody else, and that's the point.
Commissioner Gort: Excuse me. Mr. Mayor.
Commissioner Regalado: Mr. Mayor.
Mayor Carollo: Commissioner Gort.
Commissioner Gort: Commissioner Sanchez, this is your district. This is CDBG funds. If they find a
historical site and you've already dedicated CDBG funds for this building, make the motion.
Mayor Carollo: Commissioner Sanchez, can I suggest something?
Commissioner Sanchez: No, no, it's not a motion. It's -- today, since we first started, we can't get nothing
accomplished here. The bickering that's going on. All the 'B.S." that goes on here. Instigating each other
to fight. You know what? Yeah, it is my district. I'm very involved in it and I want to get it done but it's
just...
Commissioner Gort: That's why I'm telling you, make the motion.
Commissioner Sanchez: Well, I'm making an argument here and you have these two individuals here, you
know, going at each other. I mean, you try to talk and have Plummer and the Mayor go at each other. You
can't get nothing accomplished here.
Mayor Carollo: Can I suggest something? If I could designate, Commissioner, which is the way that we
should go about this particular item, yourself, myself, Mr. Phillips, if the Manager would be so kind to
assign some of the people from Community Development, other areas in the City, that could have a meeting
and see what are the ways we can find, in addition to what has been suggested here, today. Because,
frankly, I don't want to be looked upon and come up in CNN (Cable News Network) as the only city in
America that's making historical preservation out of a former location that theKlu Klux Klan used. I think
that, if we want to save Teatro Marti, we should do it in a dignified way, not as a rouse in something that
would be shameful to do in this way that no other community in America would dare even talk about.
Commissioner Sanchez: Mr. Mayor, let me just add, if I could interrupt you for a minute. Listen, I am
looking at a broader picture here. The Teatro Marti building is going up for sale. You have a lot of
nonprofit organizations, including the Lions Club and the Familia Sagrada and all these good nonprofit
organizations that are running great charities in our community on a bone budget and they're going to be
kicked out of there as soon as that building is bought. And I'm just looking for a place so, when they get
kicked out of that building, in my district, they have a place to go and continue to serve the elderly, continue
to serve the blind, continue to serve the people that are out there with AIDS (acquired immune deficiency
syndrome) and that's all I care about, as a Commissioner here in the Commission, all right. Whether it be a
building -- you know, that's the past. You know what, if it came to a vote, I don't think that I could vote on it
because, yes, I understand that but, then, there's other arguments. Let's preserve these things. You know, let
there be -- there's always two sides. Every mountain has two sides. But my concern is, in my district, I'm
going to have a lot of good charity organizations that are doing great, that are going to be put out on the
street and, you know what, if we could have that building at a good price and fix it up and bring him in, put
NET (neighborhood enhancement team) offices there, do things to save money for the city -- hey, I'm not
saying put it in a historical site but let's buy the building, you know. All I'm saying is, I have to fight for my
district and I can't do it when I have people up here going at each other's throat. That's -- it's unbelievable.
99 October 27, 1998
It's just unbelievable.
Ms. Bianchino: Commissioner Sanchez.
Commissioner Regalado: Mr. Mayor.
Vice Chairman Plummer: Can we fish or cut bait?
Mayor Carollo: Commissioner, could you wait for one second? Would that be sufficient to you, to try to do
this, then we come back when we have a concrete plan?
Commissioner Sanchez: Mr. Mayor, yes. But you know what, this is a Commission issue. It's a legislative
body and I want everybody involved, not you or the City Manager and a group of people. Everybody
should be involved. That's what the government is all about.
Mayor Carollo: Everybody will be involved once it's brought up. I'm trying to move things as you do in a
legislative body. Things are done in committees too.
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Yes.
Commissioner Gort: I have a couple of questions. Mr. Sanchez, you bring a good point about the people
being kicked out of artime and the things that you have to make sure you speak to Mr. Capote is, if you want
to transfer the people for that, would he be able to use the theater? So that's the one thing we have to-- you
have to look at.
Commissioner Sanchez: Commissioner Gort, if you would yield for a minute. I think that Mr.Capote is in
no situation to bargain. Mr. Capote must accept what he has. He's at the end of his rope, OK? And what
I'm trying to do is find a solution to many, many problems and one is, he could still have maybe one theater
or two theaters there that he could continue, not only to continue to do something that he loves to do,
something that he's done for many years. And the other thing is, we could bring in Miami•Dade Community
College students to come in, Performance of Arts and stuff like that. If we could just-- I would love for
each and every one of you to look at the big picture here. If we have a building that's soon -- what, he's
going to get kicked out. We're going to sell it. Somebody else is going to buy it. Nobody's going to buy it.
You're going to board it up and it's going to be there for years and years and the only people -- the only
things that are going to be in that building are the rats, all right? And here you have something. We're going
to get a good piece of property cheap, foreclosure, everybody will come out happy. He'll have one or two
theaters and I hope he'll accept that because if he doesn't accept it, I'll drop the ball right now. But we could
bring these people, like the Lions Club and all these organization that are going to get kicked out of there --
oh, they're going to work out with me. They're not going to work out you. They're going to buy that
building and say, hey, you've got 60 days to get out and we'll have a place to put them and it'll be good for
the city. It'll be good for all these local charities. It'll be good for Mr. Capote. It'll be good for us. And,
then, that's something that we could resolve. I mean, a historical site, if it's a Klu Klux Klan, I want it on the
record, I don't support it.
Vice Chairman Plummer: Let's fish or cut bate.
Mayor Carollo: Well, I...
Vice Chairman Plummer: You make a motion?
Commissioner Regalado: I asked to be recognize.
Mayor Carollo: Go ahead, Commissioner.
Commissioner Sanchez: What motion would that be, for me to have the City buy the building?
Vice Chairman Plummer: I don't know but we're talking in realms and nobody's moving forward
100 October 27, 1998
Commissioner Regalado: First of all, J.L...
Mayor Carollo: I made a statement then, what we should do and come back
Commissioner Teele: I think it's premature...
Vice Chairman Plummer: Then, let's do it.
Commissioner Regalado: J.L., first of all, I -- the Commission, last time, stated that not only we wanted to
know if we could declare the place a historic place but we asked to have options. We did not get that. I beg
to differ with Mr. Phillips. He said that the Marti theater has never been a successful place in terms of
economics. I, for one, can tell you that the Marti Theater was very successful in the `70's and because of
political situations that were not the dealings of the City of Miami but for the Federal Government, during
the Mariel Boat Lift and the situation in the Nicaragua, things went wrong in the area but the Marti was
successful. Not only the Marti was the pioneer on Hispanic and Spanish theater, but it housed many
important people that visited the City of Miami to act for the Hispanic community. I'm not ashamed of
having the building declared historic because it once was the Klu Klux Klan headquarters. I visited - I have
visited several times the Holocaust Museum in Jerusalem and it's very moving. The museum in
Washington, it's also very moving. And I wish that when we have the Virrick Gym or maybe the Marti
Theater, we could have the rafts that were destroyed by bullets, which probably a lot of people would take
offense because it's still stained with blood but it's part of the history of this area. So, you know, I really
think that the Marti, not only holds the history of the Klu Klux Klan but also of the cultural heritage of the
Hispanic and the Cuban community in this area. Mr. Capote has drafted a plan. That plan is not, of course,
possible now and I think that the Commission should do something. I think it's premature to do a motion
right now but I hope...
Vice Chairman Plummer: Before you do, please.
Commissioner Sanchez: I do have a motion and it's a simple motion.
Vice Chairman Plummer: Before you make a motion, please, if I may.
Commissioner Sanchez: I'll yield.
Vice Chairman Plummer: Before we declare this historic, let's also remember the history, that this has
already been declared an unsafe structure.
Mr. Phillips: That's what I'm about to address.
Vice Chairman Plummer: Now, I'll ask the fire marshal to please come up here and let you know what
started this whole business was -- I would ask, through you Mr. Manager, for the -- because you're talking
three, maybe two to five hundred thousand dollars for fire safety in this building and whatever it is-- I'm no
fire marshal but I would ask the fire marshal to speak to the issue, with your permission, Mr. Manager.
Mr. Warshaw: Sure, absolutely.
Mr. Denis Wheeler (Fire Marshal): I think the real issue here...
Vice Chairman Plummer: Your name, please, for the record.
Mr. Wheeler: My name is Denis Wheeler. I'm the Fire Marshal for the City of Miami. I've been the Fire
Marshal for six years. I've been actively involved in the Teatro Marti for the last four years. Over the last
four years, I have met with Mr. Capote, with no success in trying to work out some solutions with Mr.
Capote on his fire violations. Some of the fire violations are: there is no vertical separation between the
second and third floor; the second floor exit dumps back into the first floor; the sprinkler system has not
been completed on the second floor theater; there's some minor problems that we have there and, quite
frankly, trying to deal with Mr. Capote, I get very frustrated. And I have Captain Virgil Fernandez, who's
my deputy, get involved with Mr. Capote. And there are some serious fire violations that need to be taken
101 October 27, 1998
care of, that I'm very concerned about.
Vice Chairman Plummer: Well, put them on the record. Because, you know, It's one thing to talk about this
historic and the four hundred thousand of what is the foreclosure. When you're talking about another two,
three, four hundred thousand to fix it up to make it historic and fire violations come first and foremost, I
think, in anybody's book, so put the violations on the record.
Mr. Wheeler: There's about two pages of them, sir.
Vice Chairman Plummer: Well, surrender them for the record.
Mayor Carollo: If I may. If I could let Commissioner Sanchez make a motion that I think it will move us
forward on this matter. Commissioner.
Commissioner Sanchez: I have a motion to put on the floor. The motion is, the City Manager to conduct a
study of the building to determine whether it's feasible for the City to purchase the land and see how much
money we're going to be spent on fixing it up. We could use Community Development funds for code
compliance, if needed. You know, just to make sure it's a good deal for the City. I don't want to put
something out that's not going to benefit the City but, once again, I am very concerned with the
organizations that are soon going to be turned away from the other building that's going to be sold and I
want them to have a place. And, also, that would be a good place to bring the NET office and put together
some other offices there and pay for itself. I think it's a good idea. So, I ask the City Manager to look into
finding if it's feasible for the City.
Mayor Carollo: It's a very fair and...
Commissioner Teele: Second the motion.
Mayor Carollo: ... responsible motion. The motion has been second.
Vice Chairman Plummer: Mr. Mayor, I will vote for the motion for the Manager to do but I want to make
sure that these fire violations are a part of the record and that they are going to be addressed as part of the
overall cost.
Commissioner Regalado: Excuse me, Mr. Mayor.
Mayor Carollo: Yes, Commissioner, go ahead.
Commissioner Regalado: Just on the fire violation situation. I have been there and I know that Chief
Wheeler has been, personally, on the place but there's a history also of things that have gone wrong. In
terms of the sprinklers, the company that was recommended by the Fire Department committed fraud on Mr.
Capote's case and I think it's only fair, if we're placing this on the record, that we give the people the other
side of the coin. There was a fraud committed. He has spent a lot of money. The company did not finish
the work. The Fire Department had several inspections and, yes, there was some fines. But I think that we
should take into account that it was the Fire Department who recommended that company, who did not
finish the work. That was my understand.
Vice Chairman Plummer: Well, you know-- excuse me. If I may, Mr. Mayor. It's immaterial to a person
who would lose their life in that building if it caught fire, whether there was fraud, for whatever reason it
wasn't finished...
Commissioner Regalado: J.L., I'm just saying that, if it's on the record-- I just put that on the record.
Vice Chairman Plummer: OK. I'm just saying...
Mr. Wheeler: May I say something for the record? The Fire Department, the Fire Marshal's Office does not
recommend contractors to anyone. That's my policy. It's a policy of the Fire chief.
Commissioner Teele: Mr. Mayor.
102 October 27, 1998
Mayor Carollo: Commissioner.
Commissioner Teele: Thank you, Mr. Mayor. I would ask, pursuant to the motion, if the Manager and the
City Attorney would jointly prepare a legal and programmed discussion, in addition to the last five years of
funding of CD or anything that has been funded under historical funding, on the eligibility and the process of
determining eligibility of Community Development funds for historic sites and what is necessary. I would
also ask whether or not the management has engaged the architect engineer, as required under this plan, that
was supposed to have been done 90 days ago, to basically do the assessment of projects such as this. Do
you know if that architect engineering firm has been engaged?
Mr. Warshaw: I don't know.
Commissioner Teele: Would you care to find out?
Mr. Warshaw: Yes, I will.
Commissioner Teele: And, finally, I would ask that Miami Capital forebear-- while there's these options are
being presented, I think it's premature for a determination. One, that it's historic because I think we can't do
that legally. We need sufficient facts and a sufficient record and probably public notice to do that. I also
think that it's important that the ability to use CD funds for code compliance, Mr. Attorney, to be a part of
that memorandum because it's my understanding that it is. And, finally, I just wonder, Mr. Phillips, how
could a building be appraised at hundred and forty thousand dollars ($140,000) if the fire marshal is making
the statements on the record that he does? And I just-- maybe I'm wondering that out loud but it just seems
to me to be inconsistent that a building would have that kind of value and to have those kinds of problems.
And I wish you would take those under advisement as we move forward and that you would not move
forward until the Commission has had an opportunity to act.
Mr. Phillips: Let me put something on the record. The original loan was to correct those violations so you'll
understand, number one. Number two, since foreclosure, we've had to spend almost seventeen thousand
dollars ($17,000) in insurance for liability to protect the City. Remember that this was HUD funds. It's an
asset on the books. You've used CDBG funds once to do this and what I'm -- you know, my job is really to
protect the City also. So, the comment here is that, I really think it's in the best interest of the City to let us
sit with the Manager, try to work out something, because we don't need HUD coming in and finding
anything wrong in the City again, and that's our number one concern. Because now, let me-- and the other
issue is this. Remember, we have a judgment. Under the law, you are to sell the property and, then, you go
after the deficiency judgment. So, you know, there are a lot of issues to deal with. You know, and I just
want to put those things on the record.
Mayor Carollo: We appreciate having that on the record.
Commissioner Teele: Mr. Phillips, and I commend you for protecting the City's interest
Commissioner Sanchez: Mr. Phillips, thank you so much. I've talked to you on the phone several times and
you are truly a gentleman and a scholar. I really appreciate it.
Mayor Carollo: Gwendolyn, did you want to add anything before...?
Ms. Warren: I just wanted to get some clarification on the architect and the 90 days. I wasn't truly sure
what the directions were.
Mr. Warshaw: I asked Miss Warren to respond to Commissioner Teele's question about an architecture that
was supposed to respond in 90 days. I didn't know the answer, so I'm not sure what that was.
Mayor Carollo: I missed that. I'm sorry.
Ms. Warren: But we would ensure that that would be a part of anything that we did on this project.
Mayor Carollo: OK. All right. And before we call the question, if we could give Mr. Capote the time to
103 October 27, 1998
address this Commission for a few minutes and, then, I'll call the question right after that
Ms. Mirita Caro: My name is Mirita Caro and I work right now as an actress in Teatro Marti Theater and I
want to say about -- as a directive with Mr. Gort. Yes, it's true that that building was many years ago a
building that was used for the Klu Klux Klan and I am against that because I am Cuban and every Cuban
have black blood in him veins. But the thing is that that building was bought byCapote and Capote made a
place there where everybody can laugh and they have a lot of artists coming through the building and today
we work very hard to give an entertainment to all people and everybody. It's not many city here where we
can work. Only three theaters in this city and if that be closed, we don't have a place to work anymore and
to entertain the old people that every weekend come to the theater to have, you know, a good time with us.
So, I begging you, Mr. Gort, don't consider what it was, the Klu Klux Klan, because it's not. You know
what, we had to go around the city, around every place in the United States, closing a lot of places that was
bad in one point and time and what is count right now is what you do good for the citizens and what you
could do for -- you know, for make people laugh and feel free. So, that's what I asking you to consider, not
that it was a Klu Klux Klan. What it was now. What it is now, not what it was. That's it.
Mayor Carollo: Thank you. OK. Does Mr. Capote have something else to say?
Ms. Madelyn Ravelo: Right..
Mayor Carollo: OK.
Ms. Ravelo: Mr. Capote wanted to say something. He was -- I was translating when Mr. Phillips was
saying and he was telling me that the last appraisal over the building was six hundred and eightyfive
hundred dollars ($685,000) and after that, he put two hundred thousand dollars ($200,000) in sprinklers on
the building, so I guess this is more money to the next appraisal. I don't know exactly how that works. But
he wanted you guys to know what's going on with that.
Mr. Alberto Capote (Ms. Madelyn Ravelo translator): He's saying that he feels this is not fair because he's
been working very hard for thirty two years on this and he knows that --
Ms. Ravelo: This is something that he has said to me before and I want you guys to understand because he
gets really nervous and he doesn't know how to express himself.
Mr. Capote (Ms. Madelyn Ravelo translator): But he has said that he's been paying taxes for the longest.
The area got really bad -- the area got really bad and Mr. Regalado just said why. Because he got -- just a
lot of drug dealers got around and a lot of prostitution got around. Finally, there's something going on. It's
been cleaned. You got a big drug dealer that was around and you also caught a prostitution that was around
there, so now the area is clean.
Ms. Ravelo: I'm not only an actress in theater but I have a talk show, a Spanish talk show, and I say this all
the time in the talk show. Finally, people is trusting the area. They want to go. My show, it's-- I have a
show just like her. We're two different groups and this is important. We're not afraid of working there.
We're young people who's not afraid of working there and doing theater. This is important. Because two
years ago, people were afraid of going there and presenting plays. We're not because the area has gotten
better and I guess you guys are responsible for this. But we need a chance. If you don't give us a chance to
rebuild this, to work for our culture, we can't do it. I know that he hasn't been paying and everything that has
happened and it's not all his fault. It has a lot to do with people being afraid of being there. So, if-- finally,
you're cleaning the area and you're doing something about this. Yes, he hasn't been able to finish the
sprinkles but it was a fraud committed and he's going to bring the papers and the proof of this, OK, to the
Commission of Miami, so you guys can know that was a fraud and he has the paperwork for this. And,
finally, we have a chance. So, I hope you guys see this.
Mr. Capote (Ms. Madelyn Ravelo translator): OK. He was saying that every time something comes out
new, they make him put it on the -- I guess "they" is you guys because you're the Fire Department -- is
asking for new lighting in the theater, in the floor, and this is over seven thousand dollars ($7,000).
Apparently, other theaters don't have this, the new lights or these lights that you're supposed to have in the
stairs and their cost at -- seventy thousand dollars ($70,000) for him is a lot of money right now. He was
explaining to you guys that he had only -- he owed only two hundred thousand dollars ($200,000) on the
104 October 27, 1998
theater when he was asked to put the sprinkles and, then, he asked for the other two hundred thousand
dollars ($200,000) and this is where everything started. OK. He was talking to me before about the theater,
the Tower Theater, and how much money's been involved in renewing this theater. He feels that he's being
put aside because of this area and I guess that goes with you. Because Theater Tower, it's right in the middle
of 8th Street and 8th Street is known in the whole world. He's on 8th Avenue and this is something that he's
-- he has inside. He feels that he's not being helped because of the area he's in and because it's not a good
area, which is what's going on with Mr. Teele in his area. Well, I guess the ones who speak Spanish saw
that he was very emotional. What's going on is that he feels that not a light bulb has been changed in 32
years around the area and we're talking about the city. We're not talking about Teatro Marti. And he also
had -- two months ago, a guy came over and he said he was coming from Miami Capital, which is not true.
He was -- it was just a fraud and he took the only money that we raised in a marathon to get money to pay
the taxes. He took it from him. He's in jail right now. He's been in jail for two months. But this is the only
money he had and this guy took it from him. So, he gets really emotional when he talks about that. Me too.
Ms. Ravelo: So, thank you, and I guess it's your call now.
Ms. Caro: OK. Thank you very much to the Commissioners. Thank you, Mr. Gort. I hope your heart get a
little, you know, warm.
Commissioner Gort: His name is Plummer, not Gort.
Ms. Caro: OK. I hope so. Because I think you are not so hard like it looks like. So, give a chance to the
Spanish community to continue, you know, to work with entertainment with the old people. You know,
that's the only thing that we ask you. Be good, that you have a good heart. Thank you, Commissioners.
Mayor Carollo: Thank you. These old guys all look alike. I know. I'm getting there. I'm getting there.
Vice Chairman Plummer: That was the biggest insult.
Mayor Carollo: Anyway, the Fire Department, you could save what you had. Let me call the question and
let's get moving. All in favor of the motion, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously. There are no nays.
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO.98-1075
A MOTION DIRECTING THE CITY MANAGER: TO CONDUCT A STUDY
OF THE TEATRO MARTI BUILDING TO ASCERTAIN WHETHER IT IS
FEASIBLE TO PURCHASE LAND, USE COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS FOR CODE COMPLIANCE; FURTHER
STIPULATING THAT THE MANAGER ADDRESS THOSE
ORGANIZATIONS THAT WILL BE DISPLACED IN ORDER THAT THE
CITY MAY ASSIST IN FINDING AN ALTERNATE LOCATION FOR
SAME.
105 October 27, 1998
Upon being seconded by Vice Chairman 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.
26. DISCUSS — ACCEPT LEASE AND DEVELOPMENT AGREEMENT WITH GROVE HARBOUR
MARINA AND CARIBBEAN MARKETPLACE, LLC.,FOR DINNER KEY BOATYARDPROJECT
-- FURTHER DISCUSS TERMS OF AGREEMENT SUCH AS ETHNIC PARTICIPATION l
CANCELLATION.CLAUSE / RIGHT OF CITY TO SELECT MARINA OPERATORS.
Mayor Carollo: The next item right now, which is Item 17. Discussion concerning the Grove Harbour
Marina and Caribbean Marketplace lease and development agreement. Dena.
Ms. Dena Bianchino (Assistant City Manager): Mr. Mayor and Commissioners, at the last meeting we were
requested to finalize negotiations with Grove Harbour and Caribbean Market Place, which we have done.
You have before you the proposed changes in the lease. Basically...
Vice Chairman Plummer: Move it. Everybody's in concurrence. I move it.
Commissioner Sanchez: Second.
Mayor Carollo: It's a motion by Commissioner Plummer. Seconded by Commissioner Sanchez. Now, let's
get in the record what it is, the changes that have been agreed to by the City and the parties involved.
Mr. Alejandro Vilarello (City Attorney): Mr. Mayor, when you conclude with the business terms, there's
one additional issue that I'd like to address.
Mayor Carollo: Of course.
Commissioner Regalado: OK. Before -- Mr. Mayor.
Mayor Carollo: Go ahead, Dena. Commissioner.
Commissioner Regalado: What is the best scenario for this city? What's the best that we can get?
Absolutely.
Vice Chairman Plummer: It's here. The document we just received.
Mayor Carollo: Yeah, it's the document that I believe was passed. They're in agreement, by the way,
Commissioner, it's my understanding.
Commissioner Regalado: No, no.
Vice Chairman Plummer: Yes, that's why I moved it.
Commissioner Regalado: No, no.
Commissioner Teele: Would you yield?
Commissioner Regalado: I yield to Commissioner Teele but I got a question.
106 October 27, 1998
Commissioner Teele: Commissioner Sanchez, I really think that we should give a proper dismissal to your
constituent, who's sort of still here waiting for the conclusion, and I think it should be explained that this
matter is still going to be reviewed and we're going to work with him, however you like to do this.
Commissioner Sanchez: If you could translate for him for just, you know -- listen, can -- listen, my -- he
knows that being that I am the representative of his district, for the last six months I've worked very hard on
a lot of issues trying to save that place and I'm still working very hard at it because I truly believe that that is
something that we cannot lose. But he must understand that I am not God and it's going to be hard to save
the building that he owns but I'm working very hard for him to have at least maybe two or three theaters,
where you can continue to do what he loves and entertain the community and be there. So, tell him that I
have not given up on him. I still have a lot of work to do. I will -- I pledge to him that I will continue to
work hard. Thank you so much.
Ms. Madelyn Ravelo: Thank you. Thank you. Thank you, Mr. Gort. Thank you. Thank you.
Commissioner Regalado: I do have the documents and I really congratulate the administration for reaching
this deal and I think that is the way that we should do things, moving forward. I know about the proposed
rent, the minimum rent and the percentage. But what I wanted to know is in terms of the percentage, the
marketplace, the marina, what is the best case scenario for the City; how much in terms of the marketplace
and the marina we can get besides the rent?
Ms. Bianchino: Commissioner, it's almost impossible for me to answer that question because it would
depend on the occupancy rate of the marina and the -- again, the number of vendors in the marketplace and
-- I mean, I think the best thing I could say to you right now is that the -- we feel very confident that the
minimum rent we're receiving is fair and will be appraised by an appraiser every five years to make sure that
the value is consistent with the value of the neighborhood. It will never go below five hundred and fifty
thousand dollars ($550,000). We did, if you'll note on the marketplace, the original lease called for two
percent of gross and the amount paid by the vendors to the lessee. We are now on a sliding scale, if you
look under gross revenues, we go up to twelve percent for anything over five hundred thousand dollars
($500,000). So, there's been significant movement in that number.
Commissioner Regalado: And I really congratulate you. But are we going to be sure that they're going to
like have cash registers and keeping the records of what they sell, the vendors?
Ms. Bianchino: Well, we're not getting a percentage of what the vendor sell.
Commissioner Regalado: I know. I know what you're saying. But -- you know what I'm saying. I'm
saying, of what the vendors report to the lessee.
Ms. Bianchino: Again, I want to be clear about this lease. We only get a percentage of what the vendors
pay in their monthly or daily payment, which could be anything from ten to fifty dollars a day.
Commissioner Regalado: Right.
Ms. Bianchino: We only get a percentage of that. We do not get a percentage of what the vendor sell.
Mr. Donald H. Warshaw (City Manager): It's not a percentage of the gross sales.
Commissioner Regalado: OK.
Vice Chairman Plummer: And, yet, I think that we ought to know that never did I anticipate any less than
minimum annual guarantee. I always thought that if we didn't get the percentages to kick in, it was a bad
deal. Now, minimum annual guarantees are nice to have but you'll get no less than that. But I surely
anticipate that that location, with 11 acres of prime real estate, that we should do a lot better than minimum
annual guarantee.
Mayor Carollo: If we can now, if we could finally hear what the administration is recommending and, then
any further questions that needs to be asked or statements to be made.
107 October 27, 1998
Ms. Bianchino: OK. To briefly go through this, we've raised the minimum rent significantly. The marina
rent has been raised over time to 15 percent, which is more consistent with other charges we're making in the
area. That does go up over time. The marketplace has gone from a straight two percent to a sliding scale
from five to 12 percent. The difference in the appraisal is, we're going to continue to appraise after the
seventh year and every five years but the minimum rent will never go below five fifty. Whereas, before, it
would have been three hundred thousand. The rest of the items are fairly minor. The security deposit --
Commissioner Plummer, you're always interested in this -- will never, ever go below what is six months of
the minimum rent in effect, so it may go up. The lessee has agreed to spend more money on the property
than he had in the first place. There will be a marina maintenance fund set up that will guarantee us that the
property will be maintained properly and repairs made to the property to protect us, in order to control the
marketplace. We don't want a flea market there. It was never our intention to have a flea market there. We
prohibited the sale of second hand merchandise in the marketplace. And also we, the City, will review
carefully the marketing and management plan for the marketplace so that we get a quality product that we
can all be proud of. We've also agreed to work very closely with them on getting any state approvals, which
are necessary for the use of the bay bottom as the marina and there's some cost sharing that goes along with
that. That's basically the agreement. We would recommend that it be accepted by the Commission and go
back to the Oversight Board for review.
Vice Chairman Plummer: I moved it before. I still move it.
Mayor Carollo: There's a motion. Is there a second?
Commissioner Regalado: I'll -- I'm ready also to vote but...
Vice Chairman Plummer: The City Attorney has...
Commissioner Regalado: But in terms of the parking, is it guaranteed in terms of parking spaces?
Ms. Bianchino: Yes, sir. The RFP (Request for Proposals) states and any uses, which are proposed for that
site, they must fulfill all parking requirements on the site. So, whatever program mix they put together, they
must satisfy all parking on the available site.
Vice Chairman Plummer: I only have one question. When do they take possession?
Ms. Bianchino: Once the lease is signed, which will happen after the Oversight Board reviews it, et cetera,
et cetera, I believe they have a six month due diligence period, where they get to check out certain
environmental issues that we allow all of our tenants to do. After the due diligence period is over, we will
begin collecting rent.
Vice Chairman Plummer: And when are the people that are there have to move out?
Ms. Bianchino: The City Attorney would have to answer that question.
Vice Chairman Plummer: Mr. City Attorney?
Commissioner Regalado: Excuse me, Mr. vice Chairman. If I -- if you yield. Before the City Attorney
responds, I think that the other day John Brennan expressed his concern about the situation of the tenants
there and he offered himself to go and talk to them, saying that he could, on behalf of the City, offer them to
stay there, sign the document and pay the rent until the City is ready to build. The problem that I see with
these evictions and threat is that we're going to have an empty warehouse with homeless and the area will be
worse off than it is now and I think that we should consider to go and talk to these tenants and sign some
kind of document to see whether they could stay until construction is about to begin or the City decides to.
Vice Chairman Plummer: Now, I don't yield. I want them out. These people insulted the City after we bent
over backwards to accommodate them. When we asked them to leave, as they agreed to do, they took us to
court. And the Court says, "oh, let them stay." The hell you say. When you sign and agreement, you live
up to your agreement. They did not. And, as far as I'm concerned, I want them out. And if it's tomorrow
morning, let them be out because they insulted this City by taking us to court. And, as far as I'm concerned,
108 October 27, 1998
if they've got to put security in there to take care of the homeless, so be it. But let me tell you something,
Mr. City Attorney, I asked the question before, how soon are they out?
Mr. Vilarello: Pursuant to the settlement agreement that they signed, they need to move before November
1 St.
Vice Chairman Plummer: Before November 1st. Thank you, sir.
Mayor Carollo: Mr. Manager, go ahead, sir.
Vice Chairman Plummer: And you will, Mr. Manager, make sure that it is secure?
Mr. Warshaw: Yes, sir.
Vice Chairman Plummer: Thank you, sir.
Mr. Warshaw: I just wanted to add the same thing that Miss...
Vice Chairman Plummer: You know, if they had not taken us to court, I wouldn't feel that way. I really
wouldn't. But to me it was a slap in the face when they took us to court.
Mayor Carollo: Mr. City Attorney? Excuse me, you were offended by them taking us to court-- I'm sorry.
I'm just trying to figure out some of the others that sued us.
Vice Chairman Plummer: Well, spit it out. I could maybe understand it.
Mayor Carollo: No, no, no, no. I'll let it go. There's just some others that have sued us and, you know, I
want to be as offended when they come.
Vice Chairman Plummer: So be it. That's the next item and we'll discuss it at that time.
Mayor Carollo: Mr. City Attorney, go ahead, sir.
Mr. Vilarello: The proposed lease, as it's currently written, has some language with regard to transfers. I've
spoken with the attorney for the lessee and, of course, the transfer language that's in the current agreement is
what's going to stay. I just -- we both would like to discuss the issue to make sure that both parties
understand, clearly, what that language provides for, and we will be doing that. The City Commission can
go ahead and act on this issue, if they'd like to.
Mayor Carollo: OK. So, that's clear. It's on the record what the City Attorney has stated. Mr. Rasco, if you
could state for the record who you represent, your name and address and you could address what the City
has presented.
Mr. Ramon Rasco: Thank you, Mr. Mayor. Good afternoon. My name is Ramon Rasco, attorney for
Grove Harbour. First of all, I want to say that Felix Lima and Alan Lima asked me to excuse them before
you. They could not be here today because Felix' mother-in-law passed away early this morning and that's
why they're not here.
Mayor Carollo: Express to them our condolences, please.
Mr. Rasco: Thank you, Mr. Mayor. What the City Attorney has said is correct. We have agreed -- as Miss
Bianchino stated, we have agreed with all of the matters set forth in the memorandum and we're ready to go
forward. The City Attorney and my office have a difference of opinion as to how we interpret the current
transfer language and he and I are going to meet tomorrow or the next day to make sure we are on the same
page. If we're not, then we can bring that issue back. It is not a deal point. It is not a business point. It has
nothing to do with rent or anything like that. And it has nothing to do with the transfer of fee either, so I just
want to make that clear.
Mayor Carollo: It's got to do with the transfer.
109 October 27, 1998
Mr. Rasco: It has to do -- well, if you recall, the last time that we were here, there was a transfer pending
which fell through and our -- there's no transfer now or anything like that but our interpretations of the
language in the lease were different and I think that it would serve both parties well to find a consistent
interpretation for that language.
Mayor Carollo: Any further statement that you would like to make, Madam Assistant City Manager?
Ms. Bianchino: I'd like to add one thing, which I just did not put it on the record, that we have yet to receive
and executed management agreement between Grove Harbour and RCI Marine, Inc., which is part of what
we asked for and is part of this lease so that if we do not receive that, the lease cannot executed. That was
part of what we discussed. And we have not received it and I want -- it's in what you have before you but I
want to make sure that...
Mayor Carollo: OK. Will the maker and seconder of the motion include this within their motion?
Vice Chairman Plummer: Sure.
Mayor Carollo: OK.
Mr. Rasco: I'd like to speak to that, Mr. Mayor.
Mayor Carollo: Yes.
Mr. Rasco: Ramon Rasco again. We had provided the City with a memorandum of the agreement between
RCI and Grove Harbour and I don't know if Miss Bianchino has seen it or not but it addresses the operation
of the marina. And, as far as her concern that it -- that complies with the requirements of the proposal and
the requirements of the City and perhaps the City Attorney and I can address that issue tomorrow also.
Vice Chairman Plummer: Well, either they got it or they don't.
Mr. Rasco: They should have it.
Vice Chairman Plummer: Dena, do you have it or you don't?
Ms. Bianchino: Yes, I...
Vice Chairman Plummer: You said you don't have it. He said you do.
Ms. Bianchino: I don't have a management agreement. I have a memorandum of understanding.
Vice Chairman Plummer: Well, let's get it on the record before this thing falls apart again and we're going to
be back to the same old circle. Now, Mr...
Mr. Rasco: Mr. Plummer, we gave the City a memorandum of the agreement because, as the City Attorney
will tell you, everything that goes into the City's files is public record. We don't want every single word of
that agreement to be public record. The memorandum of the agreement basically summarizes the agreement
and what the City was concerned with is that RCI...
Commissioner Gort: Is it a legal binding paper? Is it a legal binding document?
Mr. Vilarello: It's simply a summary. They don't wish to disclose all of the issues. If it's sufficient to the
administration to describe the relationship between the two entities, then it's fine.
Vice Chairman Plummer: Look, we're going to walk away from this table thinking this thing is finally,
finally done and over. Now, I don't want to walk away and have somebody come back later, as Dena said,
we didn't get this and it's not going to be a final deal until. You know, it took me six months to get the
administration to agree to meet with these people, who had agreed to meet the minimum requirement. Now,
let's get it clear right now. Yes or no?
110 October 27, 1998
Mr. Vilarello: Commissioner, I have not seen this memorandum or the summary of the agreement.
However, the concern that we have...
Vice Chairman Plummer: Good God, what are we paying you for!
Mr. Vilarello: The concern that the administration has is whether or notRCI is going to be the Manager of
the marina? If they can make that representation on the record, that should be sufficient.
Ms. Bianchino: Here's the answer -- simple question. Is RCI marine going to operate the marina?
Mr. Rasco: And the answer is no because the lessee and the acceptable operator is Grove Harbour, whom
you have a contract with. RCI is the consultant that will assist, consult with and advise the owner in
operating the marina, and that's what the lease requires. Our proposal had RCI as a consultant and that is
what our agreement is.
Vice Chairman Plummer: Does that satisfy the City's legal requirements, yes or no?
Mr. Vilarello: I don't know.
Vice Chairman Plummer: Thank you. At least you're honest. You don't know.
Mayor Carollo: Let me ask another question while we're at it. This final agreement is drafted. Do we have,
particularly after hearing this now -- and I see Mr. Kristoff over there, kind of looking the other way and this
reminds me of that old western pass time, back in the days of the Wild Wild West. You know, you get a
little pea and you put it in three cups and you try to find the pea and, you know-- anyway, since there are
quite a bit of owners and want -to -be owners and I don't know what else in this. I need to ask the following
question: In the agreement that we have, do we have guarantees here that, if, at the end of the day, all these
owners or part owners or whomever get into litigation between themselves, that they're going to absolve this
so that we won't be part of all their internal problems? That's a concern and we should have that concern.
Mr. Vilarello: Our agreement is with Grove Harbour, Inc. and...
Vice Chairman Plummer: Then, why are we asking about RCI?
Mr. Vilarello: Part of the development plan was for RCI -- RCI was considered as part of the equation as to
the developer of this parcel. That was a critical factor. What I don't know is whether or not they were
brought in as a consultant or they were brought in to manage. This is the first time that issue comes up.
Mayor Carollo: Well, at the same time, I think that we need to have and answer to the questions that I
presented here. And, Mr. City Attorney, if you tell me there's no problem in that, I'll follow what advise you
give us. But if they end up in litigation between themselves, besides this project being stopped dead in the
water, possibly, can they turn around, whoever is suing whom in the group, and sue the City of Miami too,
for whatever reason?
Vice Chairman Plummer: If they've got seventy-two dollars ($72).
Mr. Vilarello: This agreement does not contain any language which would indemnify or hold us harmless
from claims of the individual ownership interest and the lessee. It contains indemnification language which
protects us from the negligence of the lessee and third parties that they contact, but it doesn't have that kind
of language.
Mayor Carollo: But isn't that something that, seeing the history of this whole project now, we should be
asking for? And, frankly, it should be something that they should be very willing and able to give to us.
Mr. Vilarello: I can certainly bring up the issue and draft language, which defends-- indemnifies the City
from any disagreement or any litigation, which arises from and between the owners of lessee.
Mr. Rasco: Mr. Mayor, there is an indemnification clause in favor of the City in the lease agreement. I
111 October 27, 1998
don't recall if it addresses that specific issue that you're raising or not, but we don't have a problem with that
issue. And our team is in agreement, so that is not a problem, sir.
Vice Chairman Plummer: Again, I want to just ask...
Mr. Vilarello: I will make sure that that kind of language is drafted and placed in the indemnification
agreement.
Mayor Carollo: OK. They proffered that, that that will be as part of the agreement.
Vice Chairman Plummer: Mr. Mayor.
Mayor Carollo: Yes.
Vice Chairman Plummer: Dena said she must have a certain document or the lease is null and void. They
say they will not provide that document. They'll provide a memo.
Mr. Rasco: We have.
Vice Chairman Plummer: Excuse me. I want to know, before we leave here, as to Dena's demand, has it
been met or is it not going to be a signed lease? Because I'll tell you something, this is absolutely getting to
be a zoo.
Ms. Bianchino: Commissioner, may I make a suggestion?
Vice Chairman Plummer: No, no, no, you're not the City Attorney. Let me ask the City Attorney. That's
who you've got to turn to, also.
Ms. Bianchino: I was going to suggest that.
Vice Chairman Plummer: Thank you. Mr. City Attorney, are you there?
Mr. Vilarello: Yes, sir. I do not know, as I sit here, whether or not — this is the first time the issue has come
forward. My understanding was that RCI was to manage the marina. However, Mr. Rasco has represented
that they were always on board as a consultant for the management of the marina. I'd have to go back and
take a look at the documents, look at their proposal, look at what we considered with regard to RCI. I do
know that they were a critical and material factor and the committee that recommended this group to you --
in the management and/or consulting with management of the marina. So, I have to go back and review the
documents. This issue was not presented prior to this moment.
Vice Chairman Plummer: Can you do that prior to us adjourning this evening?
Mr. Rasco: May I address the Commission?
Vice Chairman Plummer: No. I'd like to get and answer.
Mr. Vilarello: No, I don't anticipate that I could get that resolved before adjournment.
Vice Chairman Plummer: Here we go again.
Commissioner Teele: Mr. Mayor?
Mayor Carollo: Hold on, Mr. Rasco, please. Commissioner Teele.
Commissioner Teele: Thank you, Mr. Mayor. Thank you for allowing me to participate in this discussion.
Mr. Rasco, you were about to say something. I'd like to hear what you're going to say and, before you say it,
I want you to think about and quantify the level of participation by African Americans and Hispanic
Americans and other Americans in this project. Would you say what you were about to say, please?
112 October 27, 1998
Mr. Rasco: Thank you, Mr. Teele. What I was going to say, Mr. Mayor, Mr. Plummer, and members of the
Commission, you may recall that this lease was approved by this Commission exactly one year ago, in
October of'97, subject only to Oversight Committee review and approval. The Oversight Committee met.
The Oversight Committee sent its memo with its recommendations. Every single one of those
recommendations were addressed and are now incorporated into our revised agreement. None of those
recommendations had to do with this fine point of whetherRCI is going to be managing or consulting. RCI
basically is Mr. Kristoff, who is part and parcel of an ownership team. There is an agreement with RCI,
which the City has a memorandum of and I seriously don't think that the Commission needs to wait or delay
anymore on this issue. That was not one of the issues raised by the Oversight Committee. The lease, which
was executed -- which was negotiated by the City for many, many months and which was approved by this
Commission a year ago says, Grove Harbour, with its current ownership make-up, which it has, is an
acceptable operator of the marketplace and of the marina and I think it's important for this City not to lose
the forest from the trees and to understand that, that that was never an issue.
Commissioner Teele: Mr. Rasco.
Mr. Rasco: Yes, sir.
Commissioner Teele: I gave you that opportunity to put on the record what you liked.
Mr. Rasco: Thank you.
Commissioner Teele: But, in response to that, if I may, have you discussed this issue with the City Attorney,
the issue we're talking about now, this review of the document?
Mr. Rasco: No.
Commissioner Teele: In other words, this is, again, one of these last minute issues that...
Mr. Rasco: Well, no. No, no, no. They have requested the document which we provided last week or
perhaps -- yeah, it was last week. We provided it last Thursday.
Commissioner Teele: Right.
Mr. Rasco: And we felt that that complied with the City's request and we feel that that complies.
Commissioner Teele: But did the City Attorney advise you that this was not a legally sufficient...
Mr. Rasco: No, sir. This is the first...
Commissioner Teele: So, this is the-- when did you learn that?
Mr. Rasco: Right now is the first time that I've heard that the memorandum of the agreement that we have
is, perhaps, not legally sufficient but the City Attorney said he didn't know.
Commissioner Teele: OK. But the -- I'm just trying to understand how this system is working. When did
you first learn, in all of these negotiations, that this was not legally sufficient?
Mr. Rasco: That the memorandum? We...
Commissioner Teele: The memorandum that you have proffered.
Mr. Rasco: Today, just a few minutes ago.
Commissioner Teele: OK. Now, let me ask you this, Mr. Rasco. Would you respond to my question
regarding...
Mr. Rasco: Of course.
113 October 27, 1998
Commissioner Teele: ...the diversity of participation in this project and did the RFP require diversity?
Mr. Rasco: The RFP required diversity of the Hispanic representation.
Commissioner Teele: I don't want to get into name calling. I just want to talk about percentages.
Mr. Rasco: The RFP required diversity. We discussed that and addressed that when we made the
presentation. I don't recall the percentages, Commissioner Teele. It is a heavily minority ownership group.
Commissioner Teele: I understand. But you are representing to us that the ownership group of the record is
inclusive of this entire community and specifically inclusive of African Americans?
Mr. Rasco: No, sir, I did not say that. I said it is heavily minority. If I may --
Commissioner Teele: I'm very pleased to represent portions of Wynwood, which may escape some people's
consideration. And I commend you on that. But I would also like to know, is there significant African
American participation in this ownership group?
Mr. Rasco: No, sir.
Commissioner Teele: The RFP did not require it?
Mr. Rasco: The RFP...
Commissioner Teele: Obviously, if you got selected, I guess it...
Mr. Rasco: The RFP did not require us to have anything different than what we have, sir
Commissioner Teele: OK. Let me just conclude,then, by understanding -- and that's very distressing. And,
again, I recognize that I'm running to be Bishop here, today and I'm going to continue that campaign until
we get some converted souls. But would you believe, Mr. Rasco, if I told you that a hundred years ago
today there were boats of people coming to this community? They came here in Coconut Grove, right about
where you want to build that facility. That would be about 1898. And would you believe that those people
were coming from the Bahamas?
Mr. Rasco: Yes, sir.
Commissioner Teele: And they landed right where that facility is going to be?
Mr. Rasco: Yes, sir.
Commissioner Teele: And I just think that's an important consideration as we try to talk about all the things
we care about and all the things that we want to do to make this a great community; that it's really very
difficult to make the community great when you're leaving out a large segment of the community that
several people said today that aren't going anywhere. And I just -- you know, this happened before I got
here. I'm not going to hold it against you or the group but I do believe that it's important to put on the
record. Mr. Rasco, I have one final question on this matter. We talk about the lease and the sublease
arrangement and, essentially, we're going to get our money -- our revenues from the sub lessees, is that
correct?
Mr. Rasco: You are getting the money from us.
Commissioner Teele: But it's a pass through, based upon a calculation
Mr. Rasco: There is a pass through, yes.
Commissioner Teele: ... of the sub lessees, is that correct?
Mr. Rasco: That is correct. Now, some things we are not going to sublease. Some things were run directly.
114 October 27, 1998
Others will be sublet.
Commissioner Teele: I understand. Would you object or does this contract have a provision that if, in fact,
there is an audit done of a sub lessee and they undercount or underreport the funds, do we have a right to
terminate that lease that...
Mr. Rasco: There are...
Commissioner Teele: For just undercounting or underreporting the revenues, do we have the right, under
the agreement that has been negotiated by the management, to require that you cancel the contract, their
lease agreement?
Mr. Rasco: You mean, their sublease?
Commissioner Teele: Yes, their sublease.
Mr. Rasco: There are audit rights. I...
Commissioner Teele: No, no, no. Mr. Rasco, you're a brilliant lawyer. You came before me in the county.
I always respected you. You always won. I see no reason why you won't win today. But the question I
really want to know is, under our agreement that the management has negotiated, do we have the right to
insist upon a cancellation clause in your agreement with the sub lessees for underreporting, based upon an
audit or certain types of actions? We've had that problem in the past in the city.
Mr. Rasco: I don't recall. I know that there are provisions that will, in the event of underreporting, the City
will recover all that it was underreported, plus interest and penalties.
Commissioner Teele: I understand that. But the issue that I'm asking is...
Mr. Rasco: I don't recall that issue, specifically.
Commissioner Teele: Well, could I just ask you to yield to the City management and if they could just tell
me if that type of provision is in there? And I think there is a long history of why I would ask this question,
based upon previous leases the city has that were based upon percentages, but since we didn't have a
cancellation clause for underreporting, these people were able to stay.
Ms. Bianchino: Well, you are correct in saying that there is no cancellation clause in the lease for
underreporting. However...
Commissioner Teele: I didn't say it. I was just asking the question.
Ms. Bianchino: The answer is no.
Commissioner Teele: All right. Thank you very much.
Commissioner Sanchez: Let's go ahead and vote on this.
Mayor Carollo: Mr. Manager, go ahead.
Mr. Warshaw: I'd like -- Mr. Mayor, I'd like to clarify something and after I've said it, with the City
Attorneys concurrence. On the issue of RCI Marine, RCI Marine is Robert Kristoff, who is regarded by the
City as an expert in marina operations. Now, the concern is that, if Mr. Kristoff was not running the marina,
that we would be left out in the cold if we didn't have and appropriate operator. However, I'm told that there
is a provision in the lease that gives the City basically the right of refusal or the right to select and approve in
the event there is a change in the marina operator. And if the City Attorney concurs with that, then I don't
have a problem with RCI Marine, as long as the City Attorney is telling me on the record that we have that
right in terms of selecting a replacement in the event Mr. Kristoff is not going to be operating the marina.
Mr. Vilarello: The only issue I would take issue with, the selection. We have the right to have an acceptable
115 October 27, 1998
operator acceptable to the city. Not necessarily the selection.
Mr. Rasco: That is correct, Mr. Warshaw.
Commissioner Sanchez: Has anybody moved it?
Mayor Carollo: Yes. It's a motion. It's a second.
Commissioner Sanchez: Second.
Mayor Carollo: Is that a compromise that the administration can live with?
Ms. Bianchino: Well, there is a clause in the lease that says that whoever operates these facilities must be
acceptable operators and they must be approved by the City, so it's in the lease already.
Mr. Warshaw: It's not a compromise. It's in the lease, that says we must approve the operator.
Mayor Carollo: It's a compromise in the sense that we're not going to add any additional language.
Vice Chairman Plummer: Do we understand, in the beginning, thatRCI is going to be the operator? Is that
what we understand?
Ms. Bianchino: No, we don't understand that.
Vice Chairman Plummer: Well, who is?
Mayor Carollo: That's the bottom line.
Mr. Rasco: The lessee is the operator. That is who is required to operate the premises.
Vice Chairman Plummer: That's not what the Manager said.
Mr. Warshaw: That's not what I said.
Vice Chairman Plummer: No. I'm sorry.
Mr. Rasco: No, no.
Vice Chairman Plummer: That's why I'm trying to get it cleared.
Mr. Vilarello: Under the proposed lease, the acceptable operator is Grove Harbour Marina and Caribbean
Marketplace. It's a limited liability corporation. Mr. Kristoff has and ownership interest in the corporation
-- what's the name of the corporation?
Mr. Rasco: Southern Cross.
Mr. Vilarello: In Southern Cross, which has a 30 percent ownership interest in Grove Harbour. They -- he
will continue to be there. The question becomes whether or not he manages - Mr. Kristoff manages or not.
He will be a consultant but, however, currently, the acceptable operator is the limited liability corporation,
Grove Harbour.
Mayor Carollo: By the way, Mr. Rasco, just for the sake of placing on the record again, in case there's been
any additional changes, whom are the owners of that 30 percent of what is called Southern Cross?
Mr. Rasco: Southern Cross. The owners of Southern Cross are all the same, as they were before. There is
-- all of the initial ownership group is intact. There is one...
Mayor Carollo: You could give their names. You could give names now.
116 October 27, 1998
Mr. Rasco: OK. There's one additional -- there's a new owner in Harbour Management, which is Mr.
Carlos Garcia, sitting right there. Everybody is the same. Felix Lima, Alan Lima, TonyZamora, Jr., Carl
Straw, Robert Kristoff, Eduardo Lacasa, Carlos Lacasa, Julio Rebull. Did I miss anybody?
Mayor Carollo: So, then, that letter that we had received some time back before this was ever voted upon,
that Mr. Julio Gonzalez-Rebull had left a group is no longer involved. That was a mistake when the
Commission received that letter.
Mr. Rasco: He is in. He is in, Mr. Mayor.
Mayor Carollo: Is that the copy of that letter?
Mr. Rasco: No. This is a copy of the signatures of the owners.
Mayor Carollo: OK. And the Lacasas -- which of the Lacasas are in because I...
Mr. Rasco: Eduardo, Eduardo and Carlos.
Mayor Carollo: OK. Both?
Mr. Rasco: Both of them. All right.
Mayor Carollo: The last time we were told there was one. So, there's just two.
Mr. Rasco: It's two.
Mayor Carollo: OK. All right.
Commissioner Teele: Mr. Mayor, I just want to say, I think that's a great group. Highly respected people. I
know most of them. I think Mr. Lacasa has done a tremendous job for this community and I commend the
group. I just wish -- I'm more concerned about who's not in the group and I didn't ask you to put those
names on the record. I'm glad the Mayor did and I'm glad to commend them publicly for their great
corporate and community leadership, each and every one of them, but I just wish that the groups were more
inclusive of the total community.
Commissioner Regalado: One question for the administration, Mr. Mayor.
Mayor Carollo: Yes.
Commissioner Regalado: Dena.
Ms. Bianchino: Yes, sir.
Commissioner Regalado: First of all, when do you think that construction will start on that site?
Ms. Bianchino: Again, they have a six month due diligence period. After that, it would be up to them when
-- I would presume they would want to start construction right away because they're going to be paying rent
and the sooner they can build the facility, the sooner they can bring income in.
Commissioner Regalado: OK. Six months from now, the city will get the first rent?
Ms. Bianchino: Well, after the lease is signed and after due diligence-- I mean, I don't want to --
Commissioner Regalado: Then, six months. And you think the timetable will be three more months in
terms of the Oversight Board coming back to you?
Ms. Bianchino: No. I think the Oversight Board will probably be-- respond fairly quickly on this.
117 October 27, 1998
Commissioner Regalado: And in terms of the other restaurants in the area, the Chart House, Scotty's and,
you know, what is the deal in terms of what do they pay to the City compared to what we're going to get
from the Marketplace?
Ms. Bianchino: To give you and honest response to that question, I will tell you that I think the restaurant
portion of this lease is its weakest but I'll tell you what other people pay in the area. Scotty's pays ten point
three percent of gross revenues. The Char House pays three point five percent. That's a bad deal.
Commissioner Gort: Three point...
Ms. Bianchino: Grove Key Marina -- well, that's not --
Mayor Carollo: Three point five.
Ms. Bianchino: South Fork -- Laurie, you explain South Fork.
Commissioner Regalado: The Chart House?
Ms. Laura Billberry: The Chart House was three point five percent of gross or 36,000 a year, whichever is
greater.
Commissioner Sanchez: Another bad deal.
Ms. Billberry: South Fork is a sub lease of Rickenbacker Marina and it's three percent of the first twenty
thousand; two point five percent of twenty thousand to fifty thousand of gross and two percent for any
amounts above fifty thousand.
Ms. Bianchino: Now, on the directly adjacent property, which isMonty's restaurant, there are two different
rents. The upstairs restaurant, which is a formal, sit down, table cloth restaurant pays five percent. The raw
bar, which is downstairs, which is and outdoor facility, pays more rent than we're proposing here, which is -
they pay eight percent of gross under a million dollars ($1,000,000) and ten percent of gross over a million
dollars ($1,000,000).
Commissioner Regalado: And it does more than a million dollars ($1,000,000)?
Ms. Bianchino: Yes.
Commissioner Sanchez: No wonder we're in the situation we're in. What sweetheart deals! I'm going to
open up a restaurant.
Ms. Bianchino: Well, you would never get another sweetheart deal.
Commissioner Sanchez: I hope not. I hope not. Because let me tell you something, we're in the situation
today and you just put it on the record...
Commissioner Regalado: So, we really had a bad deal with the Chart House and Scotty's and Rustic Pelican
and South Fork.
Ms. Bianchino: Scotty's is...
Vice Chairman Plummer: You know, excuse me, excuse me. You know, please, when you chastise
ourselves, understand what you're talking. The Chart House...
Commissioner Teele: I know what I'm talking. And what I'm - what I was about to ask is, when those deal
leases are up?
Ms. Bianchino: When are they expiring?
Commissioner Regalado: Yes.
118 October 27, 1998
Ms. Bianchino: Go ahead.
Ms. Billberry: Grove Key expires in the year 2012. Monty's, I believe, was 2035.
Vice Chairman Plummer: That's correct. And the Chart House...
Commissioner Regalado: At least we got a good deal withMonty's. You know, we got...
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: I'm fine.
Vice Chairman Plummer: If I may, for the record, the reason the Chart House came out as a bad deal, we
originally made a deal with Grove Key and there was no restaurant anticipated at the time. What happened
was, in fact, that they came back at a later time, negotiated out and all we get is a percentage of what Grove
— Chart House pays to the operator of Grove Key through the percentage that we collect from him. That was
the bad deal. We never anticipated a restaurant going on that facility.
Ms. Bianchino: That's correct.
Commissioner Regalado: All right. I'm ready to vote.
Mayor Carollo: Are we making sure that some of the other things that we don't anticipate are being taken
care of in protecting the City? Anything else that we haven't anticipated before this?
Commissioner Sanchez: Are we ready to vote on this issue?
Commissioner Gort: Mr. Mayor?
Mayor Carollo: Commissioner Gort.
Commissioner Gort: I have two questions. Why does it take six months? Is that part of the RFP?
Ms. Bianchino: No, no, it's part of the lease. It's part of the lease agreement. Go ahead.
Commissioner Gort: Can we -- for the future, can we -- you know, it takes three months to get the -- how
long -- we voted on this about a year ago. So, in other words, we make a decision today and it might take
two years before implementation takes place and, you know, things change quite a bit in the market place.
Ms. Bianchino: OK. The reason it took a year -- and I want to be clear about this — is that these people took
six months to sign the lease, so it's not our complete problem here.
Commissioner Gort: No, I understand. What I'm trying to say is, we need to do something with and RFP to
shorten the period, so we have to wait from decision making to implementation.
Vice Chairman Plummer: Everybody finds reason to blame everybody else, including...
Ms. Bianchino: Commissioner, the six month period is solely for them to do environmental testing and to
get their financing.
Mr. Warshaw: They're going to get going right away.
Ms. Bianchino: As soon as six months are up, they've got to pay us rent.
Commissioner Gort: I understand that. What I'm trying to set for the future, I would like to see-- like we
have RFP out by ordinance, I think I've been told, we have to give 90 days. And by the time it gets back and
the decision is made, it takes a year before anything from the-- issuing the RFP to the decision.
119 October 27, 1998
Ms. Bianchino: Commissioner, if I might just say that 90 days is really a short period of time for investors
to put together responses to RFP of this magnitude. I mean, they're investing a significant amount of money
in this property and I -- you may be surprised that we come back to you with future RFP's for even longer
periods because we're talking about bigger projects that are going to require millions and millions of dollars
so, unfortunately, sometimes it's the nature of the beast.
Commissioner Gort: Dena, my experience in dealing in the market, with all the computerized systems we
have and all the programs that we have today, transactions and financials can be put together and they can be
identified right away. All I'm trying to say is, we should try to expedite some of those things coming up.
Ms. Bianchino: I agree a hundred percent.
Vice Chairman Plummer: How much rent are they paying us in advance?
Ms. Bianchino: Six months.
Vice Chairman Plummer: Six months? Is that a rolling six months?
Ms. Bianchino: It's six months that it -- it's always representative of the minimum rent. Whatever the
minimum rent...
Vice Chairman Plummer: Is the rolling six months that they always are paying six months in advance?
What creates a default and how long do they have to cure the default? I'd like an answer.
Commissioner Sanchez: Absolutely.
Ms. Billberry: They pay rent monthly. The security deposit is what is always six months.
Vice Chairman Plummer: It's a rolling six months. And if they miss a payment, how long do they have time
to cure the default? I hope I get a legal answer.
Ms. Billberry: It's 15 days with respect to rent and thirty days for other defaults.
Vice Chairman Plummer: OK. So, in other words, then if they don't pay their rent within thirty days, we
can tell them we're putting a padlock on the gate?
Ms. Billberry: It's 15 days for rent though.
Vice Chairman Plummer: OK. Just wondering. They understand that, Mr ... ?
Mr. Rasco: Understood.
Vice Chairman Plummer: OK.
Mayor Carollo: Have we finally resolved the question that the administration had, in the difference of what
was given? Mr. City Attorney?
Mr. Vilarello: Yes.
Mayor Carollo: OK. Anything else that needs to be brought up at this point and time? Commissioner
Regalado?
Commissioner Regalado: No.
Mayor Carollo: Sanchez?
Commissioner Sanchez: No. Ready to vote.
Mayor Carollo: Gort?
120 October 27, 1998
Commissioner Gort: No.
Mayor Carollo: Plummer? OK. There's a motion. There's a second. Anything else from any of the parties,
the 25 partners involved in this deal? OK. Hearing none, can you call the roll?
Mr. Goenaga: Any citizens?
Mayor Carollo: Well, this...
Mr. Goenaga: The owners of the land.
Mayor Carollo: Excuse me. This part was not for the public but I will be happy to grant two minutes to
anyone that would like to address.
Mr. Goenaga: Well, less than 10 minutes. Based on my experience, based on the experience that I have
seen here in rentals and property management for so many years, based on what I have read in the famous or
infamous Miami Herald, I strongly suggest the Oversight Board, the man in charge of contract, to review
this contact on the business side for the benefit of the shareholders of the City of Miami.
Commissioner Sanchez: They already did.
Mr. Goenaga: They should question me, then. A foul odor. I can smell a lot of things from what I have
heard here today. Thank you.
Mayor Carollo: Thank you.
Vice Chairman Plummer: Well, I want to tell you, if all of the accusations that were made here today were
taken to the State Attorney, she'd never have anything else to do but these things.
Mr. John Brennan: I'd like to address the Commission after you've voted, if I may?
Mayor Carollo: Certainly, Mr. Brennan. On this item?
Mr. Brennan: Well, it's actually on the issue that Mr. Plummer brought up. Commissioner Regalado
brought up about the tenants being in there.
Mayor Carollo: OK. Well, I'll give you two minutes afterwards, Mr. Brennan.
Mr. Brennan: Beg pardon? Yeah, after you vote, I'd like to address it, if I may.
Mayor Carollo: Sure. Mr. Clerk, can you call the roll, please?
[Note: calls roll]
[COMMENTS MADE DURING ROLL CALL:]
Commissioner Sanchez: Compared to the other deals, this is a great deal. Yeah.
Vice Chairman Plummer: Long over due. I vote yes. Did Commissioner Teele wish to be recorded?
Mayor Carollo: If he does, he could let the Clerk know when he comes back.
Vice Chairman Plummer: He'll have that opportunity when he comes in.
Mayor Carollo: Mr. Brennan, go ahead, sir.
Mr. Brennan: Thank you. For the record, my name is John A. Brennan. I live at 2336 Wanton Avenue. I'd
like to have the Commission think these three words: Peace, tranquility and love. I'm here to ask the
Commission to not run off the present tenants at the boat yard.
121 October 27, 1998
Vice Chairman Plummer: Why?
Mr. Brennan: I'm here -- was that you, J.L. that said why?
Vice Chairman Plummer: Yeah.
Mr. Brennan: I'm going to tell you if you give me a break. I'm going to take up for Teele. Peace, J.L.,
peace. I'm interested in not having happen to these buildings, so these gentlemen will have a place to move
into, what happened to Bobby Maduro Stadium. I'm interested in not having it turn out like the Marine
Stadium. If there is a tenant and, as long as there's tenants in there, there will be protection that the City will
not need to provide. They have provided it just by their presence. I am not defending or making any
attempt to defend the tenants at all. I'm interested in, as my friend in the white suit back here is, in being and
advocate for the City and the taxpayers. As soon as you vacate that building, then the homeless will move in
and you're going to have the whole police force out there to keep them out. I'm just asking that the
Commission use what would -- I would consider prudent judgment, leave them in there. You can collect
rent from them and you can get and agreement that they'll move out at whatever time seems prudent to the
new tenants.
Vice Chairman Plummer: I'm going to invoke the rule, so you might as well quit. I'm invoking the rule.
Mayor Carollo: OK. John, thank you for your time. Your time is up. I appreciate it.
Vice Chairman Plummer: November 1st, they're out.
Mayor Carollo: All right.
Vice Chairman Plummer: Next item.
Mayor Carollo: Next item is...
Commissioner Teele: Mr. Mayor.
Mayor Carollo: Yes, sir.
Commissioner Teele: Mr. Clerk, would you record me as a yes vote on that item?
Mayor Carollo: OK.
Mr. Foeman: Yes.
122 October 27, 1998
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-1076
A RESOLUTION AMENDING RESOLUTION NO. 97-774, TO REVISE
CERTAIN TERMS AND CONDITIONS OF THE LEASE AND
DEVELOPMENT AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH GROVE HARBOUR MARINA AND CARIBBEAN
MARKETPLACE, LLC. (HEREINAFTER "LEASE") AS APPROVED BY
THE CITY COMMISSION ON OCTOBER 28, 1997 ("LEASE") TO, INTER
ALIA: (A) PROVIDE FOR INCREASES IN (i) THE AMOUNT OF RENT TO
BE PAID TO THE CITY, (ii) THE SECURITY DEPOSIT, (iii) LESSEE'S
INITIAL INVESTMENT AND (iv) THE ANNUAL SET ASIDE FOR THE
MARINA MAINTENANCE FUND, AS SPECIFIED HEREIN; (B) REQUIRE
LESSEE TO INDEMNIFY THE CITY IN CONNECTION WITH ANY LEGAL
ACTION BROUGHT BY ANY OWNER(S) OF LESSEE AND (C)
ESTABLISH THE PROPORTIONATE PAYMENTS TO BE MADE BY CITY
AND LESSEE TO THE STATE OF FLORIDA FOR A WAIVER OF DEED IF
ANY PAYMENTS ARE REQUIRED; FURTHER AUTHORIZING AND
DIRECTING THE CITY MANAGER TO EXECUTE SAID LEASE, AS
REVISED HEREIN, FOR THE PLANNING AND DESIGN,
CONSTRUCTION, LEASING AND MANAGEMENT OF A COMMERCIAL
AND RECREATIONAL MULTIPLE USE FACILITY INCLUDING A FULL
SERVICE BOAT YARD, MARINA, MARINE RELATED RETAIL USES
AND A PUBLIC MARKET WITH ADATIVE REUSE OF TWO EXISTING
HISTORIC HANGAR STRUCTURES ON A 13.55 ACRE SITE (6.95
UPLAND AND 6.6 SUBMERGED ACRES) ON DINNER KEY FOR A
PERIOD OF FORTY (40) YEARS.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: *Commissioner Arthur E. Teele, Jr.
[*Although absent during roll call, Commissioner Teele requested of the Clerk to be
shown as being in agreement with the motion]
123 October 27, 1998
Mayor Carollo: We're now on Item Number 18. Status report for the pending litigation with Bedminster
Seacor Services.
Mr. Alejandro Vilarello (City Attorney): Mayor, I'd like to -- on this item, I'd like to remind the City
Commission that this matter is currently in litigation and I would recommend that, if the City Commission
wishes to discuss this, that we do so in an executive session. It's an exception to the Public Records laws
and we can provide and discuss this item in full detail before the City Commission in executive session and
that's my recommendation, that, because of the pending litigation, that this item be discussed in executive
session.
Vice Chairman Plummer: Is that legal?
Mr. Vilarello: Certainly.
Vice Chairman Plummer: Under what?
Mr. Vilarello: It's an exception to the Florida Statutes, which permits that items that are being discussed,
with regards to pending litigation, that that item be discussed in executive session.
Mr. Brian Spector: Mr. Mayor, may I be heard for 60 seconds, please?
Mayor Carollo: No, sir, not until we are done with this, with the City Attorney and the administration.
Vice Chairman Plummer: Look, we know there's litigation filed. That's really not getting us anywhere, OK.
As far as I'm concerned, I like the offer that they made us and that offer was very simple. Pick an auditing
firm of one of the big six, let them do an audit. If the City is right, they'll walk and if the City is wrong, the
City will sit down and finalize. Now, there are some items, which I understand, are still up that need to be
talked about and I can't concur with their offer that says, "the audit is Amen, drop dead, it's over, forget it,
Charlie." Now, all I'm saying is that the City should put in writing any items that they think that have to be
negotiated about whatever it is, let's get the audit done and, Mr. City Manager, if you express to me the idea
that the auditing firm needs an expert to assist them in doing whatever they need to do, so be it. But, you
know, it's like this boat thing and here now we are with the garbage thing. It goes on and on and on and
nothing is accomplished. And what do we do? I want to tell you, I was shocked this morning, Mr. Mayor,
when I found out that we spent seven hundred thousand dollars ($700,000) on legal fees for one particular
case. I was shocked. Now, how much are we going to spend on legal fees here? They have offered to do
an audit at their expense, am I correct, Mr. Manager?
Mr. Donald H. Warshaw (City Manager): That's correct.
Vice Chairman Plummer: OK. Now, what do we got to lose? I'm not going to agree to their binding
obligation that the audit is Amen, drop dead. I think the City should sit down with them. The City has Items
A, B, C, D, E, F, G to yet discuss after the audit. Then, that is what the City will bind itself by. But to go on
and on and on infinitum, we look like fools.
Commissioner Regalado: Mr. Mayor, if I may. Just to remind the Commission and the administration that,
in the last meeting, we did not ask for a status report. We told the administration that we wanted to resolve
the offer, whether we accept it or not. And I think that I read in the press and I've seen the letter from the
Manager to the company, from the company to the Manager, and we are here, you know, with a lot of
different numbers from one side and another. And I think that the proper thing to do would be for the
company to accept the proposal of the Manager and for the Manager to accept the proposal of the company.
124 October 27, 1998
You know, have an expert. Have an audit. And maybe two experts, one from the City, paid by the City.
One from the company, paid by the company. The company chooses, or with the administration, an audit
and that's that. But we should vote today and I don't think that, in any way, that would damage your case,
Mr. City Attorney.
Mr. Vilarello: Commissioner, if the City Commission wishes to discuss this matter, which apparently it
does, the two proposals, that from Bedminster and that from the Manager, in response to the proposals are
inconsistent. Certainly, I discussed with the Manager, prior to him delivering the letter to Mr.Tuttle, that
those conditions would be reasonable in light of the litigation. If your indication is that the Manager agree to
that, which he proposed in his letter of October 21 st, I'm sure that that would not be a problem. However,
Bedminster has declined to accept the City Manager's offer, as I understand it.
Commissioner Regalado: No, but Bedminster declined the City Manager's offer because the City Manager
declined Bedminster's offer. And, you know, what I'm saying is that, why -- and I don't know if the
Manager agrees with that. Why not choose one expert from the City, one expert from the company, one
audit firm, you know, and then resolve the situation?
Mr. Vilarello: The...
Mr. Spector: Mr. Mayor, may I be heard for a moment, please?
Mayor Carollo: No, sir, not yet.
Mr. Vilarello: Commissioner, the missing component in Bedminster's proposal is that they don't have
anyone who determines is an expert in the market and the Manager felt it strongly that it was necessary to
have someone who is an expert in the market, in the business of Solid Waste removal, and that was one of
the conditions of the Manager's proposal. As a component of that, an audit would be...
Commissioner Regalado: But the Manager's proposal did not have the audit.
Mr. Vilarello: Well, no. As a component of that, that would be a reasonable issue to consider. I believe the
Manager would consider an audit as a component of a market analysis of the agreement. Is that fair?
Mr. Warshaw: Yes. Commissioner, and I think the key is, the audit versus an industry expert. There's
really nothing to audit at this point. An auditor, CPA (Certified Public Accountant) firm, the big six, the big
eight, they have nothing to audit. The real issues are the components that go into what makes up things like
the Solid Waste stream and what makes up the numbers in terms of the tonnage and, of course, those
tonnage numbers have changed during the three extensions, starting at over to two hundred thousand tons.
Then went to one hundred and eighty thousand. Now down to one hundred and fifty. And my feelings are,
based on our own expert, in-house advice, is that we can't deliver more than a hundred and twenty some odd
thousand tons, which would dramatically change these numbers to the tune of millions and millions of
dollars over the 30 year period. So, what really needs to happen first is have an industry expert look at the
City of Miami, look at our waste stream, look at the projection of our housing starts, where we look to raise
the density of housing, more into the high density and go out of the single family housing, which would have
a dramatic impact on the waste stream and the tonnage. There is a 30 year contract and the demographics of
the City need to be examined and this is why I say that a CPA firm really is not the appropriate venue at this
point. I would agree that bringing in industry experts and then, after that, having a CPA firm look at what
the new numbers would be based upon the input of an expert. Now, we're in a different ball game.
Commissioner Teele: Mr. Mayor.
Commissioner Regalado: One other thing.
Mayor Carollo: Commissioner Regalado, are you finished or you have more questions?
Commissioner Regalado: No. Just a comment, a brief comment. One of the things that really shocked me is
that when we read in the paper the fact that the people from the County were saying, "What you guys in the
City are saying is not so." So, the numbers — we have a problem with the numbers. You know, I agree with
you that we needed an industry expert but also, we do have a big problem, big time, with the numbers
125 October 27, 1998
because we don't know, at least the City, what's wrong by not consulting the County. The County Solid
Waste says, "That's not so," according to the paper. And I did check and it was a right quote because the
County told me that. So, my position is, first of all, that we have to do something today and, second, that an
audit is needed and also an expert opinion. I'm done.
Mayor Carollo: Commissioner Sanchez, go ahead.
Commissioner Sanchez: Mr. Chairman, I was also under the impression that we had passed a motion to
discuss the preparation for hiring an independent auditor, the top five best.
Vice Chairman Plummer: Six.
Commissioner Sanchez: Or six, whichever it may be. I mean, they're willing to put their money where their
mouth is. They're paying for it. Was the City going to pay for the -- what they want to offer? Is the City
going to pay for the industrial waste study?
Mr. Vilarello: The industry expert?
Commissioner Sanchez: Yes.
Mr. Vilarello: No. That was the -- the condition was that that would be the expert, together with-- if this
City Commission accepts an audit and a CPA firm to conduct the audit. The proposal from Bedminster was
that all of this would be done at its expense.
Commissioner Sanchez: And we want to do what's right for the City, without any doubt. But since I've
been here, I've gotten three different sums or numbers, which confuses the heck out of me. Now, you read
articles in the paper. One says it's a good idea. The other one says it's a good idea. Now, when a company
comes over that says, "look, we're willing to spend the money, put our money where our mouth is," I mean,
that's something that we should take it. I mean, I don't want to pay any money. Let them pay for it. And if
it's a good deal...
Mr. Warshaw: Commissioner, I'd just like to say that we are a quarter of a billion dollars in difference,
probably the biggest single contract in the history of the City. That is a big number. Now, I'm not an expert
on Solid Waste. I've sat with Mr. Patterson. I've sat with our budget people. And I've sat with people. And
understanding that the numbers have changed three times in terms of the gross tonnage from the time this
contract was first entered into. If the City Commission, some years back, had agreed to the tonnage rate of
two hundred thousand tons a year, you would have incurred tens of millions of dollars in liability to the City.
The tonnage rates, I'm now being told by our own people, are well below the minimum that the current
contract is guaranteeing. We can't meet that minimum. And my best information from our people, that I
have very strong confidence in, is that we are some twenty to thirty thousand tons below what this contract is
based on. And this is why I say, you don't need an auditor. You need someone who understands -- to
satisfy you, who understands the Solid Waste business, to come in here and take a look at the City of Miami,
take a look at its demographics, take a look at our whole City in terms of how waste is picked up, so they
can come up with those numbers. An auditor can't do that.
Mr. Spector: Mr. Mayor, may I be heard, please?
Commissioner Teele: Mr. Mayor.
Mayor Carollo: Commissioner Teele.
Commissioner Teele: Thank you, Mr. Mayor. Let me just start then, since I have to requisition an
opportunity to be heard, I'm going to take my time. All right.
Mayor Carollo: Well, you always did, Commissioner.
Commissioner Teele: I'm going to do it now, too.
Mayor Carollo: Take your time.
126 October 27, 1998
Commissioner Teele: Thank you.
Mayor Carollo: Just let me take my time when I speak.
Commissioner Teele: Sure will.
Mayor Carollo: Thank you.
Vice Chairman Plummer: Good. I'll be back when you two love birds make up.
Commissioner Teele: Let me, Mr. Manager, try to understand what the big difference is. Who performed
the management review by the City?
Mr. Warshaw: The Solid Waste Department and the Department of Management and Budget.
Commissioner Teele: Was that report submitted in accordance with normal auditing procedures to
Bedminster before it was released for their comment? I mean, when the Federal Government comes in and
audits, when an external auditor comes in and audits, when any audit is done, the normal protocol is you
submit a draft to the entity being audited or the entity in which the question is being raised and was that draft
submitted to the...
Mr. Warshaw: Commissioner, it was not an audit. It was a management analysis.
Commissioner Teele: Was the management analysis submitted to Bedminster, in accordance with normal
procedures of management audits?
Mr. Warshaw: Commissioner, with all due respect, I wasn't here when this contract started. I don't have the
slightest idea.
Commissioner Teele: And I accept that. Did the management in Budget Office conduct this?
Mr. Warshaw: Yes, sir.
Commissioner Teele: Mr. Dipak?
Mr. Dipak Parekh (Budget Director): Yes, sir.
Commissioner Teele: May I, Mr. Manager...
Mr. Warshaw: Yes, sir.
Commissioner Teele: ...inquire of you, Mr. Dipak? Did you have the final sign off on this audit?
Mr. Parekh: Yes, sir. It's not an audit, sir. It's a management analysis.
Commissioner Teele: On this management review?
Mr. Parekh: It's a management review.
Commissioner Teele: Was the — were the -- the facts -- I mean, you know, because what we're really trying
to get at and I think what the Commission -- and, quite frankly, I really don't support this contract at this
point. I've had grave reservations about this when this contract was reviewed at the County and I expressed,
on the record, repeated issues that I felt were opened and had not been answered adequately. But as it
relates to your management review, did you go over the facts with Bedminster?
Mr. Parekh: No, sir, I didn't.
Commissioner Teele: But isn't that the normal procedure of a management audit-- a management review?
127 October 27, 1998
Mr. Parekh: Well, an audit, yes. But management review no.
Commissioner Teele: Isn't that the normal procedures of a management review, to at least agree on the
facts?
Mr. Parekh: On a management review, the answer is no. On an audit, the answer would be affirmative but
this is not an audit.
Commissioner Teele: Well, let me ask you this. Is there an agreement, at least, on the facts? I mean, even
in a lawsuit there's normally a stipulation of facts. I mean, do we - is there an agreement at this point on the
facts, on the underlying facts?
Mr. Parekh: Sir, I have not sat down with any people from Bedminster but I'm quite willing to do so at any
moment and time.
Commissioner Teele: Well, I really would urge the City Attorney, under the City Attorney's auspices, with
protecting the City, with you, that, at least, we at least stop going through this large charade now because,
obviously, there is a hand that's operating here and I think we all know where the hand is. That we at least
agree on the facts. The Manager has said we're two hundred million dollars ($200,000,000) in difference;
that there is a two hundred million dollars ($200,000,000) difference of opinion. Commissioner Regalado
has cited, I think, appropriately what the County staff has said in, basically, refuting some of what the City
Management study revealed. Can, Mr. Attorney, through the auspices of your good office, there at least be a
discussion? Because, I mean, even in a litigation, the first thing the judge tells you to do is go sit down and
agree on the facts.
Mr. Vilarello: Commissioner, certainly we are -- and we have expressed our willingness to sit down and
discuss with Bedminster the issues. I'd like to just clarify two things.
Commissioner Teele: Then, may I query Bedminster? Will you all agree to at least sit down, under the
auspices of the City Attorney's Office and your legal office, and agree on, at least, what the facts are?
Because I think a lot of this has to do with the fact that no one's talking to each other. Everybody's talking
past each other.
Mr. Spector: Mr. Commissioner, Mr. Mayor, may I address the Commission now?
Commissioner Teele: I would appreciate it if you would respond to my question and, then, I would certainly
give you leave, under my...
Mayor Carollo: If you could respond to his question only, please, I'd appreciate it.
Mr. Spector: Brian Spector, 201 South Biscayne Boulevard, Suite 1100, litigation counselor for Bedminster.
We have, desperately, tried to sit down with staff and we have provided them with our detailed written
analysis and we are so far apart on the numbers, which is why we proposed that a big five international
accounting firm, which has experience auditing, come in to get to the bottom of the numbers.
Commissioner Teele: But, counsel, would you just, please answer my question? Would you be willing to
sit down and have Bedminster's expert sit down and just review your set of numbers and our management
study and at least agree on the facts?
Mr. Spector: We would be delighted to sit down but in all candor, I have to tell you, the numbers are so far
apart. I think the prospects for agreement on the numbers are slim to none.
Commissioner Teele: I'm not trying to get agreement. I'm just trying to get some understanding as to what
the facts are. I mean, how can we vote whether to sue you or not sue you or whatever if we don't have a
clear understanding as to what the facts are?
Mr. Spector: Well, Commissioner Teele, that's why, when the staff analysis came out, that over the 30 year
term of this contract...
128 October 27, 1998
Commissioner Teele: I don't want to get into the analysis of it. Would you all be willing, under the privacy
of a lawyer's office, with your lawyer or you supervising it, let's bring in all the experts in one room and just
agree on the facts?
Mr. Spector: We can certainly try to do that but we are facing a February 22nd trial date, which Judge Smith
has said -- she's told us in the first status conference and our proposal was designed to save the City, not only
the money but the opportunity cost of time of the discovery process, which must go forward in order to
prepare for that...
Commissioner Teele: Well, obviously, you can discovery. But would you answer my question, please?
Mr. Spector: We'd be delighted to sit down and to try to do same.
Commissioner Teele: To try to, at least, just agree on where the differences are.
Mr. Spector: We can try to do that, yes.
Commissioner Teele: Secondly, there's all this reference about the CPA firm. Have you explained to the
Manager the difference between a big five and a CPA firm and the fact that -- I understood what you all
were asking for, was not an audit in the context of a CPA but the sort of the, you know, CPA firms today
have about five different divisions. There's technology divisions and the biggest division, of course, is the
management division. Have you explained to the Manager that what your proposal is, as I read it, is that any
firm that would be signing their name to a document would, of course, involve experts, as necessary, as
subcontractors to them?
Mr. Spector: We did not explain it as such. It certainly seemed to us to be implicit since the big five
accounting firms audit people in the industry and, of course, have expertise on their staff.
Commissioner Teele: On the management side. But, you see, the Manager keeps talking-- our Manager
keeps talking about an auditing firm or a CPA firm and, you know, the transition between the old CPA firms
and the new CPA firms that have large management staffs, that do nothing but these kind of reviews, it
seems to be something that is lost in the communication.
Mr. Spector: Well, perhaps we're using the word audit in the sense of a technical sense of a certified
financial statement. Certainly, what the intent was is that by having a big five, international, accounting firm
look at the numbers, the parties could feel confident that the numbers were kosher.
Commissioner Teele: But the issue is not accounting. It's a management service. I mean, he's -- the
Manager keeps talking about an expert, an industry expert. You're talking about an accounting or
management firm but in management-- a management firm, by definition, that would accept this retainer or
this assignment would have to be an industry expert.
Mr. Spector: Well, we believe that a big five accounting firm can do that. What we proposed, as set forth in
our letter, is that this audit would include a comparison of, at least, the following items: Recycling costs
savings; disposal costs; transportation costs; transfer station costs; savings from combining pickups;
manpower savings and recycling...
Commissioner Teele: OK. The only issue that I just need to understand. Commissioner Regalado put this
item on the agenda, is that right, Mr. Manager-- Mr. Commissioner? What is it you would hope that we, as
a Commission, would consider, giving deference to the City Attorney's counsel, that we really shouldn't
discuss the ongoing litigation? And isn't the issue here the fact that there's a time that if something isn't
done, they lose the contract? Isn't that what this is really about?
Mr. Vilarello: That's one of the two issues that I wanted to clarify. But, first, if I could address, the proposal
from Bedminster was to fund an audit by a big five accounting firm to determine the true cost of current
disposal methods, as well as the costs. They proposed it and discussed it and described it as an audit.
Commissioner Teele: As an audit.
129 October 27, 1998
Mr. Vilarello: As an audit. And that was what was the exception...
Commissioner Teele: If the term were in management - a management -- an expert management review by
a big five firm, would that have been better language that could have solved the problem?
Mr. Vilarello: The Manager's response was an industry expert and if there's an industry expert in one of the
big five accounting firms, I believe that that would be acceptable to the Manager.
Commissioner Teele: Is there a list of five or six industry experts that would be acceptable to the Manager?
I mean...
Mr. Vilarello: We could certainly just sit down and discuss that with Bedminster, if that's what the direction
of the City Commission is.
Commissioner Teele: Does the Manager have a list of five or six-- I mean, we've got an offer on the table.
Is there a counter offer? Is there a list of five or six firms that would be acceptable to the Manager, that
would be experts to basically do this reconciliation of these two, wildly, different proposals? Mr. Manager?
Mr. Vilarello: The Manager advised me that he doesn't have a list currently but we will provide a list of five
that we can select with Bedminster. The other issue, Commissioner, that I wanted to discuss, the litigation
involves -- addresses the last point that you made, Commissioner. The litigation involves the issue
surrounding the extension of this agreement, the additional extension of the agreement, where there's a
disagreement as to the amount of recycling costs that would be involved as payment for that extension. In
paraphrasing -- and Mr. Spector will probably disagree with this, but essentially what they're asking is the
court to determine what that number is, whether it's the seven hundred and ninety thousand dollar
($790,000) number that's been discussed or whether there's a one point nine million dollar ($1,900,000)
number with regard to the extension. The issue that you all have been discussing today, goes back to the
underlying agreement and whether or not that is or is not a good agreement with the -- for the City. The
issue that we're in litigation on is the extension and whether or not there's the correct amount of money being
paid to fund the recycling costs of the City for the period of time of the extension.
Commissioner Teele: I'll yield to Commissioner Gort on it but I do think that we ought to be able to, at least,
-- I think we ought to be able to agree on an extension of time whereby, you know, there's a standstill, the
time is told and we just basically allow ourselves enough time. Because it seems to me that, if we could
resolve the issue of the totaling of time, counsel, the litigation could go away. And if we need, you know, a
year or two years to work through whether or not we want to do that but it seems to me that this is really
about the totaling of the time based upon those -- the agreement that the Commission voted on before.
Mr. Vilarello: Commissioner, if we could start at a minimum of determining what that consideration is for
the extension, perhaps we could come to an agreement. However, we can't get past that even initial issue of
the appropriate amount of consideration for the extension.
Mr. Spector: May I be heard, Mr. Mayor?
Commissioner Gort: Mr. Mayor?
Mayor Carollo: Commissioner Gort.
Commissioner Gort: When I first came in here in November of'93, I inherited this contract; it was already
established by here. Now, when we started working in reducing the budget, '95 budget, the one figure we
were never able to get an accurate figure was in Sanitation. We got different figures all the time. And if you
recall, when we tried to balance the budget in'97, one of the things we were going to do away with was the
recycling. There was a lot of turn out out here, a lot of public people came out here and we reinstated the
recycle. At that time, we asked the department to tell us what the costs were because we hadn't included that
in the budget, if you recall, when we voted on it. And it was -- one figure was given. Then, a different
figure's given. My understanding is, and I understand what you're saying, that litigation doesn't have
anything to do with the original contract. My understanding, and then somebody correct me if I'm wrong --
my understanding is, if we can get an audit -- and let's face it, most of those companies are public. And if
130 October 27, 1998
you're a public company, you have to respond to that SEC (Securities and Exchange Commission). You
have to have your audited performance it's got to de done by experts in the industries because, if not, the
stocks would not sell. So, you got experts in all those firms, that all they do is analyze this industry. Now,
my understanding is, if they can be proven that the contract's not good for the City, they're willing to walk
out and that's it and we can forget about the whole thing. This is my understanding in this.
Mr. Vilarello: Commissioner, I think...
Commissioner Gort: And if there's an opportunity to do that, I'd like to see us get it done. Get this out of the
way once and for all.
Mr. Vilarello: Commissioner, the proposal is not whether it's a good deal for the City or not but whether it's
a better deal or the same as the deal we have with the County right now, which is two different things.
Commissioner Gort: My introduction -- my understanding is, and this is where you guys got to come
together, we have a contract with the County, my understanding is, and correct me if I'm wrong. If the
Bedminster contract does not come through, then we have go to the County and we sign a contract with the
County for how long?
Mr. Vilarello: Five years.
Mr. Clarence Patterson (Director, Solid Waste Department): We currently have an interlocal agreement
with the County to provide our waste to them, taking into consideration the Bedminster contract. If and
when the Bedminster contract came on board, should it come on board, then, of course, the County would
relieve us from that interlocal agreement.
Commissioner Gort: But If Bedminster does not come aboard, the contract with the County would be for
how long?
Mr. Patterson: That one is for 10 years.
Commissioner Gort: Ten years?
Mr. Patterson: Yes.
Commissioner Gort: And is that a fixed rate for the next 10 years?
Mr. Patterson: No, it's not.
Commissioner Gort: No. It's increased rate?
Mr. Patterson CPI (consumer price index) index increase.
Commissioner Gort: OK. Thank you.
Mr. Warshaw: And, Commissioner, with the CPI index, what our management study is telling us, is that our
present value dollars today, over the next thirty years, continuing to do business with the City-- with the
County would be a hundred and twenty-nine million dollars ($129,000,000) cheaper than the Bedminster
contract and that, of course, is...
Commissioner Gort: Well, my understanding is, if the auditor can't come back with that, hey, goodbye,
that's it. That's the end of the contract. That's my understanding. And that's what I would like to see.
Mr. Spector: Commissioner Gort, our analysis shows that, over the same period of time, there would be a
savings to the City of at least a hundred and fora five million. And you are correct. And that if the staff
analysis is right and that, in fact, under the agreement, as extended -- and there were some definitional
changes under the extension agreement -- if that agreement resulted...
Commissioner Gort: Excuse me, sir. That's not to be discussed here. That's what I would like to find out
131 October 27, 1998
and I think that's what this Commission here is asking. Let's get some experts in here to come and tell us
what the true picture is.
Mr. Warshaw: Commissioner, one other thing I'd like to put on the record, the Bedminster contract assumes
the elimination of hundreds of City of Miami Solid Waste positions. However, recently the Commission
passed on a new agreement for three years with the Department of Solid Waste with a no lay-off clause
going to the last quarter of the third year, which means that those numbers -- and, of course, this is all
happening since '93, when all this started. This has a dramatic impact and this is why I'm saying it's not an
audit. It has to do with the...
Commissioner Gort: Don, Don, my understanding is, an expert will come in and would analyze those
numbers and will be able to come back and tell us, hey, because you have to rehire those individuals, instead
of saving, it's going to cost you. Now, my understanding is, and the letter should be drafted a certain way or
the agreement, that if that is the case, they'll walk away. And that's my understanding. Then, if I'm wrong,
correct me.
Mr. Spector: That is the proposal that we have made.
Mayor Carollo: Excuse me, sir. Can I ask you a question or two, if I may?
Mr. Spector: Of course. That is the purpose of my presence.
Mayor Carollo: Does your client have a facility in Cobb County, Georgia?
Mr. Spector: In all candor, I do not know. If I did, I would tell you.
Mayor Carollo: Would -- Cobb County, Georgia, that's correct.
Mr. Patterson: I can answer that, Mr. Mayor. Yes, they do. And they also have one in Sumpter County,
Florida.
Mayor Carollo: Could your client be so willing -- I'm bring up Cobb County because this came on its
opening around the same time that the one here was supposed to have opened, that never did. One of the
things that I'd like to request of your client, through you, if I may, if they'd be so kind, if they could send us a
copy to the City Attorney of the contract that they have in Cobb County, Georgia.
Mr. Spector: We'll take the request under advisement. Mr. Mayor, I was here to answer questions if the
Commission had, with regard to the proposal that was set forth...
Mayor Carollo: But this has to do with the proposal.
Mr. Spector: I didn't...
Mayor Carollo: I want to be able to compare apples to apples, oranges to oranges. See, unfortunately, you
know, some don't want us to do that but that's what I want to see. One other question that I have and that is
the permitting stages. Does your client have any permits he had or just where is your client in the permitting
stages of this plant in the location down here?
Mr. Spector: In all candor, Mr. Mayor, I don't know. Because I was just brought in as a litigation counsel in
September with an impending deadline to file the suit, which is why the suit had to be filed, because we had
a deadline coming up. And I don't know and if I did know, I would tell you.
Mayor Carollo: This is certainly a very key area of your lawsuit, counsel, so I would suggest that this would
be one that you get familiarized with because this is very key.
Mr. Spector: Mr. Mayor, we certainly would be coming more familiar with that. We understood that the
purpose of our proposal was to try to ensure to the City that the contract that we believe we have is going to
save the City money and that if it doesn't, that the City could walk away from it.
132 October 27, 1998
Mayor Carollo: That's fine, sir. But there was a proposal sent to the administration. The administration
answered that proposal. And I, for one, think that the proposal that the administration has returned is a fairly
fair one, one that shouldn't offend anyone.
Mr. Spector: Mr. Mayor, the reason for some confusion on our part is, at the last Commission meeting, we
understood that this matter was going to come before the Commission today and then, in the interim,
something came back from the City Manager's office, which, as far as we knew, was premature in the sense
that -- it was the Commission that was going to decide today, after consideration of our proposal, what the
response should be. So, we are here to reiterate the offer contained in Mr. Tuttle's October 2nd letter, as
explained more fully in his October 23rd letter.
Mr. Vilarello: Mr. Mayor, if I may?
Mayor Carollo: Go ahead, Mr. City Attorney.
Mr. Vilarello: Mr. Spector, the City Manager has made his recommendation in the form of a letter to Mr.
Tuttle. To what extent do you object or did your client object to the Manager's recommendation? Because it
appears that the City Commission is interested in trying to get to a decision today. If perhaps you can
identify your objection to the Manager's proposal, the Commission can resolve those areas of dispute and
give the Manager direction.
Mr. Spector: I'd be happy to do so. If you simply look at the October 23rd letter from Mr. Tuttle, it
specifies in detail what we find objectionable. In summary, it is both the non -binding nature of the process,
that it's not going to resolve anything, and after this unidentified industry expert looks at these numbers,
there's no determined outcome. It's simply an unenforceable agreement to agree. And, secondly, it talks
about an industry expert and we're talking about here, is this going to save the City money or cost the City
money? And if you're trying to figure out the cost of goods sold -- for example, of a car, people do not go to
the design engineer or the person working on the assembly line. They go to the auditor for GM (General
Motors) or Chrysler or Ford and those accountants, with experience auditing those sorts of businesses, can
tell you what the numbers are. That's the reason for our proposal. We want it to be binding or not at all.
Then, we might as well just go ahead with the litigation. And that's set forth in detail in Mr. Tuttle's October
23rd letter.
Mr. Vilarello: If I can address, Mr. Mayor, those two issues?
Mayor Carollo: Go ahead.
Mr. Vilarello: With regard to the binding or non -binding nature of the audit, notwithstanding what the
Manager might recommend, I would not recommend the City Commission place the future of such an
important contract in someone else's hands. The audit or the industry analysis, whatever the City
Commission deems is appropriate under the circumstances, should be a report, an analysis and a report to
this City Commission for it to make a decision based on information that's provided to it, as opposed to
delegating that to some firm that might be very good, which might have an excellent analysis of the
agreement but certainly is not -- I don't believe it would be appropriate for you to delegate that authority to
an auditing firm, no matter how competent and professional they might be. With regard to the industry
expert, I believe the Manager's recommendation indicates that it's an acceptable industry expert. Also to
Bedminster. It's one acceptable the City and to Bedminster. So, you would also participate in the selection
of that analyst.
Mr. Spector: And the response to the industry expert is, that we feel reasonably comfortable that within one
of the big, five, international accounting firms, given the fact that they routinely audit people in this industry,
that they are going to have sufficient expertise, whether it's on the audit side or the management side of the
accounting firm, to provide that sort of expertise and analysis to bring to bear on these issues. We
understood the rationale for doing this is that there was perhaps some concern, on the City's part, about
spending legal fees needlessly and going on with litigation. If we are unable to resolve this by agreement,
then the person who will be asked to decide what the City's recycling costs are, for example, for the two year
extension from October of'98 through October, 2000, will be Judge Smith. And while I dare say she is one
of the brightest state court judges we have and I believe her name has been submitted to become a Federal
District court judge, she probably has significantly less experience in this particular area than anyone we
133 October 27, 1998
could get in the big five accounting firms. So, we believe that we're getting a better decision maker and
we're willing to live with it one way or the other. And if Mr. City Manager is correct, in that some of the
assumptions underlying the Bedminster analysis cannot be realized because of legal requirements that the
City now has, that will be something to be contended with by whoever that auditor is.
Commissioner Teele: Brilliant argument, counsel.
Vice Chairman Plummer: Can I ask a question? Has it been determine how much this audit would cost?
Mr. Spector: No. But whatever it cost, we'll pay for.
Vice Chairman Plummer: That's not my point. Maybe we might want to pay for the audit. I mean, how
much would the audit cost? Are you talking twenty-five thousand, two hundred and fifty thousand? Maybe
it would be worth our while to say we're going to have an audit done and we, then, spell out the terms and
conditions of what the audit would be contained.
Commissioner Sanchez: Mr. Chairman?
Vice Chairman Plummer: You know, right here again, Mr. Mayor, we're going around in circles. We're not
accomplishing a damn thing.
Mayor Carollo: Well, Commissioner, you are partly right in what you're saying. Part of the problem is that
we're not accomplishing anything, as you stated, is because simply they want to dictate to the City how it's
going to be done. Now, you're getting administration, you're getting City Attorney, is advising this
Commission that has bent backwards in presenting them a solution. They don't want that solution. Now,
how long have we been going with this? How many years now? This was approved when, '92, '93?
Vice Chairman Plummer: Somewhere along that line.
Mr. Patterson: Ninety-three.
Mayor Carollo: It kept coming back, coming back, coming back now. I mean, if we were to go back to the
original contract and the cost to the City of Miami, we would have been broke and had the financial
problems sooner if this would have come on board. And, then there was another amendment. And then...
Vice Chairman Plummer: We're not all blameless, OK.? When we quote a price or a number, which we
did, to what we estimated the recycling cost, then we went back and came out with another number. So, you
know, we're not blameless.
Mayor Carollo: Yeah, but, Commissioner, the way that business is conducted is by not bringing up an item
late at night, as a pocket item, the way that this item was brought up, when they claimed that they had the
blessing to go forward. And let's put things where they are. There's a lot of things that have come up that
this body needs to be very careful in how it proceeds, for the interest of the City.
Vice Chairman Plummer: Agreed. The City Manager's sitting here telling you there's a quarter of a million
dollars ($250,000) separation between the two, there's no question that there's got to be some kind of an
outside person who can come in and say, this one is right, this one is wrong.
Commissioner Sanchez: But if anybody's going to pay for it, it's not going to be the City. It should be them
to pay for it.
Vice Chairman Plummer: Well, maybe-- you see, let me tell you.
Mayor Carollo: Yeah, but pay for what, though? I mean, what they want to present, that might...
Commissioner Sanchez: An independent private special-- inspection general.
Vice Chairman Plummer: No. The point I was trying to make, Joe, was this. If it's an audit that's going to
cost twenty-five thousand dollars ($25,000.00)...
134 October 27, 1998
Commissioner Sanchez: It's not J.L.
Vice Chairman Plummer: I don't know. But it might be worth our while to take the audit and come up with
an answer that we want the audit to show that the Manager or the administration is off base, they're right on
target, and that's worth money to us to eliminate or it would be a great defense if, in fact, we're right in a
lawsuit.
Mayor Carollo: Well, Commissioner, then why don't you make a motion that...
Vice Chairman Plummer: Sir, I'm not going to make a motion until I know what it costs. If it's a hundred
thousand dollars ($100,000), then I've got to have some second thoughts.
Mayor Carollo: Well, make a motion to the administration to find out the costs, come back to us at the very
next meeting and if it's acceptable to the Commission of the costs, then have this body vote on it.
Vice Chairman Plummer: Mr. Mayor, I don't know that my colleagues agree with me on that, OK?, and I'm
not sure that I agree. But if it's a figure that we can afford, then I think it has to potential for reason.
Commissioner Teele: Commissioner Plummer, let me just ask this. You know, this is sort of like this --
some of these other decisions. You know, we're arguing about a hundred thousand dollars ($100,000), a
hundred and twenty-five thousand dollars ($125,000) and what's at stake here is a-- what's the total amount
of money at stake? I mean...
Mayor Carollo: Tens of millions of dollars.
Commissioner Teele: Last time I checked, we're at a quarter of a billion dollars apart ($250,000,000)-- at
least a quarter of a billion dollars ($250,000,000) is on the table. I mean, that's the separation right there.
So, I mean, we sound kind of stupid here, talking about the fact that we're not going to spend fifty thousand
dollars ($50,000) or a hundred thousand dollars ($100,000) so that we can't protect the taxpayers about a
potential shortfall of a hundred million dollars ($100,000,000). I mean, look.
Vice Chairman Plummer: What did I say?
Commissioner Teele: Look, every government agency our size -- the Mayor's right, the County's a four
billion dollar ($4,000,000,000) agency. The Management and Audit Department over there, that's
comparable to our Management and Budget Office, has a budget every year in excess of five million dollar
($5,000,000) just to do audits. Internal audits -- I mean, management audits, not external number audits but
management audits. Pat O'Connor, who just passed, was a tremendous person. Cathy is running that
division over there now. And let me tell you, the audits that they turn out are CPA five-- big five quality
audits. 1 mean, I'll take any of those audits and do it. I'll ask this, why don't we enter into an interlocal
agreement with the County and let the County do the audit since they've got the numbers and the numbers
are basically issues that really feed off of their interlocal agreement? And I'll tell you this, I think we ought
to ask them to pay fifty percent. If they don't agree to pay fifty percent, tell them to go to court and do their
best deal and do what you want to do and we pay a hundred percent. But, I mean, I would feel a lot more
comfortable with instructing Chief Warshaw to pick up the phone and call Merritt Stierheim and say, look,
we have a first class audit we want you all to do for us. We want you to look at our numbers. Look at their
numbers. You all are controlling, probably, fifty percent of the industry. You know, the Mayor's talking
about let's work together with the County. I think there are a lot of things we can work positively together
with the County. I mean, the problem is, is that the County has had their hands in the City's pocket so long
-- but this is an area where they really don't have their hand in our pocket right now, but for tle flow control
agreement, which was an unconstitutional agreement that the City entered into anyway. But, you know, I
would move that the City Manager enter into an agreement and that a hundred thousand dollars ($100,000)
-- a hundred and twenty-five thousand dollars ($125,000) be made available from the reserves or whatever
source is deemed appropriate by the Manager, to reimburse the County for their services up to, I should say,
up to this amount and that we, basically, get them to go ahead and do this audit for us, if they are available.
Mayor Carollo: Commissioner, you're still missing the point of what was the proposal that the
administration gave. We're not talking about just a numbers audit from the Counties.
135 October 27, 1998
Commissioner Teele: Everything -- my motion is everything that the administration won't study and if they
have to hire outside experts, then let them go ahead and engage the outside experts and we reimburse them.
But I think the fundamental issue here is that this is a relationship in which we're arguing about the County's
numbers in some ways, at least the way I read the press.
Mayor Carollo: Sure. Because that's also a bad deal for us.
Commissioner Teele: Well, I said that from the beginning but you're the guy that wants to, you know, climb
in bed.
Mayor Carollo: No, no, no, no. That -- no, no.
Commissioner Teele: I'm all for the deal. I'll voyeur.
Commissioner Teele: I'll watch you guys get into bed on that deal.
Vice Chairman Plummer: Now we're in bed.
Commissioner Teele: But I'm going to tell you something, know for a fact that the deal that the City entered
into with the County is not a good deal. But know it is a legally binding deal between the City and the
County.
Mr. Vilarello: Mr. Mayor?
Mayor Carollo: That's the whole problem, Commissioner Teele, that they only want to compare this deal to
a bad deal, not to what's out in the open market, also. Now, who is to say that if you were to come with me
and meet with our colleagues in the County, then maybe they might decide that, you know, we can work
something out in that deal, where they won't hold us to any deal. I don't know. Do you know that?
Commissioner Teele: Yeah.
Mayor Carollo: No, you don't.
Commissioner Teele: I'm going to tell you. Nehemiah, when confronted with all of these issues, like these
settled sidebar issues, told the people that "I'm committed to a work of rebuilding this wall around
Jerusalem." It was sort of like in Overtown and I'm not going to get involved in all these issues. His quote
was, "I'm committed to a great work and I'm not going to come down to deal with you on those issues." So,
you go to the County by yourself until we finish this issue of Overtown and after that, I'll work on
everything with you. I move that the County -- that the City Manager be authorized to expend from
whatever source of funds necessary, up to a hundred and twenty-five thousand dollars ($125,000.00), from a
list of five names to be submitted to Bedminster and based upon who Bedminster selects from the list of
five, that the contract be entered into as a litigation contract-- well, you've got -- they gave you five -- they
gave you -- you wouldn't select anything. I mean, how would you like to do it, Mr. Manager? I mean, they
gave you any five -- any of the big six firms -- any of the big five firms. You said, we don't want them. And
then I asked you today, do you have any names for them? You say no. Now, when I say, well, you select
whoever you want. Select five names and give them to them and let them select one because the other part
of the motion is that they be required to reimburse fifty percent of the study.
Mr. Vilarello: Mr. Mayor?
Commissioner Teele: Would that be acceptable to you all?
Mr. Spector: I don't know but I would like to ask that it also be binding, as our proposal was.
Commissioner Teele: We're not going to be bound.
Mr. Vilarello: Mr. Mayor?
136 October 27, 1998
Mayor Carollo: Yes.
Mr. Vilarello: If I might, I certainly wasn't in favor of a public discussion on this issue but I think there is
significant value in trying to resolve this issue today. I think that the Bedminster-- if Bedminster can get
some direction from this City Commission that, one, it will not agree to be bound by the results of this
analysis; that it will deal with the issues as the Manager has proposed in his letter of October 21 st, and that
we're looking at an industry analyst and I think the objection from Bedminster was that there was no audit
component of that industry analyst. I think that there was. But I believe the Manager will agree to an audit
component to that industry analyst and if we can get an agreement between Bedminster and the City to that
effect, I think that that would go a long way to resolve the issues in the long run and, if perhaps, we can ask
Mr. Spector if he would agree to that on behalf of his client or consult with his client...
Mayor Carollo: He's not in a position that he could agree to that, from what I'm seeing.
Mr. Spector Not at this moment. But I would raise the issue as to the binding nature of it. If we were to go
through an exercise with an agreed upon expert that would not be binding in nature, I ask what the purpose
of that exercise would be? We believe that the staff analysis is flawed and ours is correct. But if the staff
analysis is correct and it costs the City a hundred and twent),five million dollars ($125,000,000) more, we're
out of here. We're gone. We're history. And if it's revenue positive, where the City is saving money, we're
saying it's fine, we have a deal. But if we don't have that binding nature to the process, why would we go
through it? We'd have an expert analysis come back and let's say he says it's revenue positive to the City.
You save fifty million dollars ($50,000,000). Then what? We've gone through this exercise. It's an
exercise in futility, I respectfully submit.
Mr. Vilarello: Mr. Mayor, can I answer that question with a question?
Vice Chairman Plummer: Well, you know-- excuse me.
Commissioner Teele: J.L., I will proffer -- I am against the deal but if they agree to an expert -- if the
Manager agrees to an expert and they accept the expert, I will support the outcome of this study if it is
positive for the City of Miami, even though if I had to vote on it today, I would vote against it. So, I would
proffer that and I would ask my colleagues to proffer -- all we have is our word. You're not going to get
anything binding.
Mayor Carollo: Mr. City Attorney.
Mr. Vilarello: I think my question was going to mirror what Commissioner Teele said, which was
answering his question with a question. Why wouldn't the City Commission support a deal which is
financially responsible for the City? I think Commissioner Teele has indicated, at least his level of support,
if that's the conclusion of the analysis. I would strongly recommend -- I've already mentioned this -- that
you not agree to something that is binding based on the report of an analyst -- industry analyst or auditing
firm.
Mr. Spector: I would respectfully submit that what we have is, at worst, a possible disagreement over who
will do this, quote, "audit" and if we could agree on the identity of the person or the people doing that
function and, then, we otherwise agree that it will be binding, whether it is a big six accounting firm, a
management firm that split off from the big six firm or some other mutually agreed upon expert, I believe
what I'm hearing is, you're suggesting if we can agree on a person or a firm to do it, otherwise it would be
binding.
Commissioner Teele: Counsel, you offered five names. The City has demurred. It has not said anything,
OK.? They said we want an expert. It's only fair-- I'm talking now about just being fair, objective. That the
Manager say give -- put five names on the table that's acceptable to him and we can pick one out of a hat or
you can agree on one. It doesn't matter.
Commissioner Sanchez: Is that a motion?
Commissioner Teele: But I think the Manager needs to weigh in on this.
137 October 27, 1998
Mr. Vilarello: I'm sorry. The Manager has wanted to chime in on each and every one of these issues and
I've asked him to not to do so. He did make his recommendation with regard to the October 21st letter.
However, of course, if the City Commission has questions for the Manager, I'm certainly not going to stand
in the way.
Commissioner Teele: Mr. Mayor, I would like the Manager's recommendation, given the discussion that has
gone on. Because I think we ought to try to settle it tonight, at least a process.
Commissioner Regalado: Absolutely.
Mayor Carollo: Mr. Manager.
Mr. Warshaw: Commissioner, the -- I'm sorry, Mr. Mayor.
Mayor Carollo: Go ahead and give your recommendation.
Mr. Warshaw: The October 21 st letter was sent by me to Mr. Tuttle on the advice of counsel, outside
counsel, as well as the City Attorney, and I'm doing that and what I consider to be in the absolute, best
interest of the City. I'm not saying, I'm unwavering, I'm not going to move. I'm telling you that what I did
was to ensure that the City gets the best level of information to be able to make an informed decision. Now,
if you'd like to suggest that we come up with some alternative plan, you know, tell me what that is and I'll
give you my best recommendation.
Mayor Carollo: If I may, Mr. Manager. Do you have a copy or the City Attorney have a copy of the letter
that was sent to Bedminster from you?
Mr. Vilarello: Yes, sir.
Mayor Carollo: Can you read that into the record, please, or the City Attorney?
Mr. Vilarello: The letter identifies six different components to a counter proposal. The first one is, "the City
will agree to participate in a non -binding evaluation and comparison of the City's current waste disposal
costs. The waste disposal costs to the City, under the proposed extension agreement, and a waste disposal
cost to the City, were the City to explore other presently available options in the market." The second
component, "the evaluation and comparison described will be undertaken at Bedminster's expense by an
individual or individuals with the necessary industry expertise acceptable to both the City and Bedminster;
that the City and Bedminster will provide to the experts all-- any and all documents within their possession,
necessary to facilitate the evaluation and comparison described. Upon receipt of the evaluation and
comparison, the City will meet with Bedminster in an effort to reach a mutually agreeable, acceptable
agreement. Bedminster will promptly dismiss its lawsuit against the City, without prejudice, and the City
will agree not to declare Bedminster in default of the restated agreement or the proposed extension
agreement during the evaluation of comparison that we discussed."
Mayor Carollo: This is for the Commission, not you, counselor. What, if anything, out of what the
administration has presented, which is extremely reasonable to Bedminster, is there an objection to?
Vice Chairman Plummer: Well, you know, the bottom line is, they're not agreeing to it. They've already
stated that for the record.
Mayor Carollo: Yeah. But, J.L., they don't dictate to this administration, this City, in how we're going to go
about things. I mean...
Vice Chairman Plummer: I'm very much aware of that. But I thought we were trying to find is an area of
compromise to bring this thing to a conclusion and if they're not in concurrence, it's -- you know, it's a
unilateral kind of a scenario.
Mayor Carollo: Yeah, but who did we — I guess the bottom line is, who do we believe, who do we listen to,
and who are the professionals that we hire? Are they the ones over here or over there? That's the bottom
line, gentlemen.
138 October 27, 1998
Vice Chairman Plummer: Or somewhere in the middle.
Commissioner Sanchez: Mr. Chairman.
Commissioner Teele: I'll tell you this --
Commissioner Sanchez: I'll yield to you, Mr. Manager.
Mr. Warshaw: OK. Mr. Mayor?
Mayor Carollo: Excuse me.
Commissioner Teele: I'll tell you this, the judge is not going to do it that way. He's going to listen or she's
going to listen to the facts and make a decision, not based upon who's over here and who's over there. And
the facts of what we should try to make our decision on.
Mr. Vilarello: I need to address that issue when I get a moment.
Commissioner Sanchez: Mr. Manager, I yield to you.
Mr. Warshaw: Mr. Mayor, I put a lot of thought into what went into this letter. I've had extensive
discussions with the City Attorney and with outside counsel on this. A lot of things have changed since
1993. There are amendments. There are changes in the Union contract. There's a whole host of issues that
are not even a part of this lawsuit but that, yet, do impact on what the bottom line is, in terms of profit or loss
for the City, it is my professional recommendation to each and every one of you that you accept absolutely
nothing less than what I've proposed in this letter. Because anything less than this will open the door for
misinformation. This is an all encompassing, very fair -- there's no hidden agenda here. It's just to the bring
to the surface so I can come back to you and let you know what it is that really has happened in the last five
years, and this is not something that can be done in a short period of time. It needs a detailed analysis of the
City. It's not a detailed analysis of line items and dollars. And I submit to you, again, I think we all owe it to
ourselves to do nothing less than this if we're going to be sure for a contract that's thirty years in length and
cost in excess of two or three hundred million dollars during that thirty year period.
Commissioner Sanchez: Mr. Manager, I don't think that no one here wants you to make a bad decision but
what we have here is -- you know, we haven't made any agreements whatsoever on this and this has been
dragging on for years and years and years. And what I don't want it to be is to have to go to court and it go
back to the old saying, "Pay me now or pay me later." If they're willing to put five people or six top firms
out, you put five -- your five and then pick one that's going do it. Because if they don't do it, the judge is
going to do it when we go to court.
Vice Chairman Plummer: I got a good idea. Mr. City Attorney.
Mr. Vilarello: Yes, sir.
Vice Chairman Plummer: As I recall, they claim that their proposal will make the City a hundred and
twenty-nine thousand -- a hundred and twenty-nine million dollars ($129,000,000)?
Mr. Spector: I think it may be as much as a hundred and fort} -five million but I don't want to misspeak
Vice Chairman Plummer: OK. 'Then are you in a position, sir, to guarantee that to the City?
Mr. Spector: No, sir, I am not. The proposal...
Vice Chairman Plummer: Well, I mean-- no. I mean, if you're saying that we're going to be a hundred and
forty million dollars ($140,000,000) better off by agreeing to this contract, why would you be hesitant to
guarantee that amount of money to the City?
Mr. Spector: Because, as I understood, the issue was whether this was in the best interest of the City and the
139 October 27, 1998
staffs analysis was, this was going to cost the City more money than the existing agreement with the
County. So, all we said was, in the spirit of amicably resolving the lawsuit, we'll agree to this binding
proceeding if...
Vice Chairman Plummer: Sir, I'm a reasonable man. Will you guarantee to the City a hundred million
dollars ($100,000,000)?
Mr. Spector: I am not sufficiently expert and more familiar with the detailed analysis and numbers to make
any such guarantee.
Vice Chairman Plummer: Well, that's what we're trying to do. But if you're willing to make a hundred and
forty million dollars ($140,000,000) that the City is going to be better off by using your contract, it would
seem like to me you would be willing to put your words where your mouth is and where your money is.
Mr. Spector: Then I guess, Commissioner Plummer, the question becomes, would a five million dollar
($5,000,000) benefit to the City be enough or 10 or 15 or 20, which is a number on which reasonable people
could differ. So the point -- a bright line was, if it doesn't cost the City...
Vice Chairman Plummer: I'll settle for fifty.
Mr. Spector: I'm simply not in a position to do that. What we said in Mr. Tuttle's letter, if it was revenue,
even neutral, if it was break even, we would sit down and negotiate with the City to make it revenue positive
or we'd walk away. The alternative is simply that we just let the court decide and, obviously, what the court
needs to decide is what is the recycling costs for the two years.
Mayor Carollo: Well, counsel, maybe that's the best thing to, let the court decide-- bring everything out to
the court. Because, frankly, I've never seen anything like this in my whole life from day one. And I have no
problem, counselor, being the first one who want to get into depositions or anything else, to be the first one
to go.
Mr. Spector: Well, Mr. Mayor.
Mayor Carollo: And I've got my list for the City Attorney.
Mr. Spector: Mr. Mayor, I...
Mayor Carollo: ... of the things that this City, in my opinion, should be doing.
Mr. Spector: Mr. Mayor, L.
Mayor Carollo: During that process.
Mr. Spector: I do not know what your personal experience has been with litigation. I can say that this is
fairly unusual, in the sense that we have offered to do something to resolve it. If the City is generally not
interested, then you're right. Then, the only method of resolving is to go to court.
Mayor Carollo: You've offered to do something that is going to be lopsided. The administration has offered
to do something that's a level playing field to analyze this.
Mr. Spector: Mr. Mayor, I don't understand. Again, I beg your indulgence for just a second. The proposal
from the City Manager is of a non -binding nature. It would be, in essence, a waste of time and money. At a
minimum, if we were talking about something that was of a binding nature and we could agree on, as we
have tried to set forth with some specificity, what would go into this audit or analysis and it addresses some
other issues in our letter, then there may be something to talk about. But to do it the non -binding nature, it is
a waste of time.
Mr. Vilarello: Mr. Mayor?
Commissioner Regalado: Do you consider what Commissioner Teele offered sort of a binding?
140 October 27, 1998
Mr. Spector: I think it is a good starting point. I would certainly go back and discuss it with Bedminster and
make recommendations. There are issues set forth in Mr. Tuttle's October 2nd letter, to which there was
silence, and the City Manager's letter...
Commissioner Regalado: Excuse me. You do -- would accept Commissioner Teele's offer of sort of a
support from the Commission, if the results are what you say they are?
Mr. Spector: As I understood...
Commissioner Teele: Favorable to the City.
Mr. Spector: As I understood either the motion or the discussion point-- and I'm not sure that I do -- was
that it would be of a binding nature; that the parties would need to agree upon some either industry expert or
big five, big six accounting firm to do it, that would -- something that would need to be agreed upon but it
would be binding. That would be a pretty good foundation to discuss settlement on. But if we don't have
the binding part of it, then it is a waste of time.
Mayor Carollo: I'll tell you how far off.
Mr. Vilarello: Commissioner.
Mayor Carollo: ...we are, even in some of the things that are alleged now that I was here for. I was the
Mayor at the time. And that was when your clients came before this body back in '96, towards the end of
'96, and were requesting of this body to not accept the million dollars ($1,000,000) that was in the contract
for us to take from you, if you wanted an extension. The requests that were made were several, including at
the end that, would this City be willing to take partial payments on that, not up front, of that million dollars
($1,000,000)? And at no time was there any discussion that that was a bond; that we had to put it in a
separate account. It was clear from all the discussions, from the lobbyists that were sent to me and
everything else, that that was the only way that Bedminster could extend that contract and if you gave the
City the million dollars ($1,000,000), there was nothing else for this Commission to do. And then, all of a
sudden, I'm reading that -- all of a sudden that's called a bond and it had to be in a separate account.
Mr. Spector: Mr. Mayor, if you're referring to the million dollars ($1,000,000) that was posted by
Bedminster to secure a performance of one of the earlier versions of the agreement, as I...
Mayor Carollo: Well, I'm requesting (sic) to what was clearly explained to me during that process of that
meeting, that that was a million dollars ($1,000,000) that would be the City's and that would be the only way
that you could get an extension. Now, I read your pleadings and I fully understand what you're trying to
allege in your pleadings what that million dollars ($1,000,000) was for. But I'm also very clear, from the
process of that meeting, what the million dollars ($1,000,000) was set for, also.
Mr. Spector: Well, then I would stand corrected. The resolution, which was prepared by Mr. Diaz, who, I
understand, is still on staff...
Mayor Carollo: No. You're referring to now to a resolution that was made after a former Chairman of this
Commission, that's no longer with us, made a resolution and after, I'm sure, numerous meetings with others,
he gave it the wording of a bond. That's not just because he wanted to call it a bond and not defend the
City's interest. That doesn't mean that that was as a bond. And, counselor, I would suggest you go back,
carefully, through all the minutes of the meeting in late '96, when those million dollars ($1,000,000) was
discussed before this Commission.
Commissioner Gort: Mr. Mayor?
Mayor Carollo: Yes.
Commissioner Gort: We've been on this long enough. I think the consensus of the Commission here is that
we would like to do this and settle. I think if it shows that its favorable to the City and the City will save
money, we'll have to vote for it. Because it's -- it will save the City money. But my understanding is, from
141 October 27, 1998
what I hear from my colleagues here, nobody's willing to do it binding, so this is a decision you have to take
Mayor Carollo: Mr. Manager?
Mr. Warshaw: Mr. Mayor, just to illustrate what I'm trying to say as it relates to the audit again versus an
industry expert. The current contract calls for a one hundred fifty thousand ton minimum per year. That's
the current contract. Originally, it was over two hundred thousand. It's been reduced over the years. What
I'm saying is — and I don't think we need an industry expert. I'm willing to say it on the record and I'll say it
from our own Solid Waste Department, based on our own analysis, that we can't guarantee a hundred and
fifty thousand ton minimum. We're looking in the area of a hundred and twenty-eight thousand tons. The
difference between a hundred and twenty-eight thousand tons and a hundred and fifty thousand tons over 30
year is fifty-six million dollars ($56,000,000). And there is no big eight firm that's going to be able to come
in here and tell me what the tonnage rate is in the City, if I'm telling you that we have our own experts,
in-house, who understand the City's Solid Waste stream, and I'm concerned — and I want to let you know on
the record that those are the important numbers and play a major part in the dollars here. AndBedminster's
deal with us right now is that we have to guarantee and pay a minimum of a hundred and fifty thousand tons
a year. We don't have a sufficient enough waste scream to give them a hundred fifty thousand tons. In
effect, we'll be paying fifty-six million dollars in excess of what it is that we would be, in effect, using.
Mr. Spector: And if that's what the analysis show...
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Go ahead.
Commissioner Gort: My understanding is, that if that is the case, when you use the analysis, that will mean
that the City of Miami will lose money on it and that's it.
Mr. Warshaw: That's one component.
Commissioner Gort: But let me tell you something. And I understand that was one of the components. But,
Don, since I've been here, I've been hearing so many different numbers from our experts that I'd like to, once
and for all, get the exact number of what it is.
Mr. Warshaw: And I agree.
Commissioner Gort: I mean, every time we've asked, how much we cost in sanitation, what's the budget for
Sanitation, we get different numbers all the time. So, maybe this will be an opportunity-- forget about this
contract. Maybe we need to do it ourselves, like you said, to see what the projections going to be in the
future. What's going to be our need for the future because we don't get the right answer.
Mr. Warshaw: I agree.
Commissioner Gort: So we might want to do it here for ourselves.
Mr. Warshaw: I agree with that, Commissioner.
Commissioner Regalado: Mr. Manager, why is that -- I read in the paper because I was not briefed by
anybody in the administration -- that a County official, which then I spoke to him, said that the City was
wrong in stating that they would not raise the rates? Who thought that the rates will not be raised?
Mr. Parekh: Commissioner, do you want me to respond?
Commissioner Regalado: Yes.
Mr. Parekh: OK. If you look at the study -- and I think this -- we should have done this
Commissioner Regalado: No, no. Dipak, Dipak, what I'm asking is...
142 October 27, 1998
Mr. Parekh: We are increasing the rates for your information, sir, over the next 30 years, with Metropolitan
Dade County, based upon CPI.
Commissioner Regalado: Why did the County say that your information was wrong?
Mr. Parekh: I have no idea. I don't think they had taken a look at the entire...
Commissioner Regalado: They said that-- at least they gave me different numbers than what I saw.
Mr. Parekh: Commissioner, if you take a look at...
Mayor Carollo: What are you referring to, Commissioner?
Commissioner Regalado: There was a number that was given by the City in terms of paying the County for
the dumping of the garbage, right? And the number was based on what the City will be paying to the
County throughout these years. Now, the County said that the City did not take into account that they would
raise the fees to the City.
Mr. Parekh: And that's exactly what this analysis has done. You have...
Commissioner Regalado: But that's new.
Mr. Parekh: No, sir. No, no, absolutely not.
Commissioner Regalado: Well, then -- you know, then the figures that I get from the City and from the
County were different.
Mr. Parekh: Let me, for the purposes of the record...
Mayor Carollo: There are no figures from the County that you got. Do you have anything in writing that we
could see on that?
Commissioner Regalado: No, I don't. I don't have it.
Vice Chairman Plummer: Can we hear the answer from Dipak?
Commissioner Regalado: Sure. I'm just asking. I'm just asking. I'm just giving this as many differences
that we have in terms of information.
Mr. Parekh: I understand. Commissioner, but if I can just have a moment of time. This is a 30-year
analysis, where we have taken into account increases, not only on the Bedminster contract, which are
stipulated in the contract three times. Also, based upon our agreement with Metropolitan Dade County, you
have in Schedule H, I and J, three schedules, where we have increased the rates, not only for fiscal year
1999 but the entire 30-year period and it's all here. Now, what conversation individuals had with Solid
Waste of Metropolitan Dade County, I have no idea. But as far as this analysis goes, it holds apples to
apples. And the other issue, which I would like to put on the record as well, it's not only the issue of a
hundred and fifty thousand tons, OK, which I know we cannot meet. We have not been able to meet it the
first time when you had two hundred and two thousand tons as part of the contract, then you had one
hundred and eighty-two thousand, that we couldn't meet. Now it's a hundred and fifty thousand. Plus, you
have to have it on an average, on a weekly basis. Now, all of us understand here that, during the summer
time, you have more trash than you have during the winter time because of the tree trunks and so on. What
will happen is that, if you do not meet the minimum on a weekly basis, they're still going to charge you.
And if it's an over, they're going to charge you double. Now, our point number three is that, this analysis did
not take into account -- and it's a conservative analysis -- that if you look at the demographics of the City of
Miami, you're now going from single density to a higher density. That's been our pattern for the last five
years. In a 30-year period, you can imagine. All the places we talked about today. Overtown, all the other
places. You will see a higher density buildings coming up, which will take the tonnage away. And I'll say it
for the record again, to have a minimum tonnage, even a hundred thousand tons, saying that in 30 years
you'll be able to meet it, I think is wrong. It's wrong today. It was wrong three years ago. It was wrong five
143 October 27, 1998
years ago. Because we were never able to meet it.
Commissioner Regalado: I'm sure that in'93 you did...
Mr. Parekh: I never did it. The City never did. This the first comprehensive analysis ever done. And that's
a part of the problem with the City of Miami, that it keeps on talking about numbers and, then not having to
prove it.
Commissioner Regalado: And during the crisis...
Mr. Warshaw: And, Commissioner, that's the problem with this contract, without any analysis ever done
before.
Commissioner Regalado: I'm sure that-- I would hope that Dipak — I know that he was very involved in the
numbers in'96 and in'97, would have said the same thing that he was doing.
Mr. Parekh: No, sir, I was not.
Mr. Warshaw: I'd just like to read section...
Mr. Parekh: I wish I was though.
Mr. Warshaw: Section 7 of the Bedminster contract, Article VII says, the limit, it limits the weekly tonnage
to two thousand eight hundred and eighty-five tons times fifty-two weeks equals a hundred and fifty
thousand tons per year. This eliminates any possibility, therefore, of those seasonal fluctuations, which
makes it impossible for us to meet that hundred and fifty thousand tons and this is why I'm telling you, I
have full confidence that this analysis, which was not done in 1993 and '94 and '95. This contract was
entered into without appropriate input from the City Administration and now that input is here, after the fact
and we've got, what I consider to be, a bad deal with Bedminster that's going to cost this City a hundred and
fifty million dollars ($150,000,000) and I want to tell you on the record that I have strong concerns about
that and I'm willing to go to all of the means we need to, to have independent experts look at it and give us
their best information in a non -binding way.
Mr. Spector: Mr. Mayor?
Commissioner Regalado: No. But if we have your opinion and Dipak's, why do we need an expert? Just go
to court, you know.
Mr. Warshaw: As far as I'm concerned, this is a bad deal for the City, you're right. As far as I'm concerned,
we don't need an expert. This deal, as it is written right now, constructed right now back in 1993, is a poor
deal for the City of Miami and it will be the worst deal in the City of Miami's history. Now, if it is revised
and if it is revisited based upon the analysis that we've done, Bedminster very well could provide the City
with legitimate and bona fide services, but not with these numbers that were thrown together five years ago.
Commissioner Teele: Commissioner, will you yield?
Commissioner Regalado: Yes, sir.
Commissioner Teele: You know, here again -- and I just want you to listen to this now. You know, I
haven't said anything. This is a discussion with you and Commissioner Regalado. All the yelling and all
that but that's fine. Let's just deal with the facts. One of the things that Dipak continues to say is the revenue
stream is shortfall — has a shortfall and, that is, the waste stream has a shortfall. What's the shortfall, Dipak,
approximately?
Mr. Patterson: That's some of the work that I did and I'll put my 39 years of experience against anybody's
from anywhere.
Commissioner Teele: OK. But let's just answer the question.
144 October 27, 1998
Mr. Patterson: The shortfall is in excess of twent.four thousand.
Commissioner Teele: Twenty-four thousand?
Mr. Parekh: Tons a year.
Mr. Patterson: Tons a year.
Commissioner Teele: OK. Now, let me ask -- and the Manager has made this point and he's reiterated it
and he's yelled and screamed into the record on this point. Now, let me just ask this, Mr. Attorney. Right
now, when this agreement was entered into, it was before some of the changes in the way the relationship
between the City and the private haulers, as it relates to the commercial accounts, was a factor in the
difference in the waste stream. In other words, over the last four or five years, the City has converted from
picking up the commercial waste stream and now that waste stream is being picked up by the private
haulers. What is the estimate -- does any of your calculation include the commercial waste stream that is
currently being picked up by private haulers?
Mr. Patterson: No, sir.
Commissioner Teele: OK. It does not?
Mr. Parekh: It does not.
Commissioner Teele: What is the current amount -- estimated amount of that waste stream? We get a
twenty percent fee, so we obviously know exactly how much they're picking up.
Mr. Patterson: Well, that's twenty percent fee of the gross billing of the private haulers...
Commissioner Teele: Of the gross billing...
Mr. Patterson: Not the...
Commissioner Teele: It's based on tonnage. The billing...
Mr. Patterson: Commissioner, the commercials...
Commissioner Teele: Let me ask this.
Mr. Patterson: ...that were turned over to the private haulers were...
Commissioner Teele: What is the estimated tonnage that the commercial haulers are picking up in the City
of Miami? Estimated.
Mr. Patterson: I don't know that.
Commissioner Teele: So, in other words, none of the commercial tonnage has factored into your equation?
Mr. Parekh: Absolutely right.
Mr. Patterson: In terms of what we can generate, as far as what this contract calls for.
Commissioner Teele: No, no, no, listen to me. I'm asking the question. None of the commercial waste
stream has factored into the management study that has been presented, is that correct?
Mr. Patterson: That is correct.
Mr. Parekh: That is correct.
Commissioner Teele: So, you don't have a clue as to what it is so it couldn't be in it, right? You don't have a
145 October 27, 1998
clue, according to what you're saying now, as to how much the commercial waste stream is, right now, in the
City of Miami?
Mr. Patterson: I haven't the slightest idea of what the commercial waste stream is but we can get that
number for you.
Commissioner Teele: Now, let me ask this of the attorney. There is a waste stream out there called the
commercial. It's all of the apartments, all these apartments. I know they're out there because all of the
dumpsters in Overtown are in the public right -of --way, even though we keep giving these people grants to
refurbish buildings and meet code compliance and all of that but, yet and still, every garbagedumpster for
the rehab buildings is in the public right -of --way. That right waste stream, right now, under the agreements
that we have, on a month to month basis, belongs to waste haulers. Mr. Attorney, can we, by agreement,
direct the waste haulers commercial accounts -- and, by the way, the Manager was supposed to give us a
recommendation, I think, today on that commercial issue that was here - it was the last meeting -- I mean, it
was the last meeting in October and this is the last meeting in October.
Vice Chairman Plummer: I hope.
Commissioner Teele: I hope. Can we, Mr. Attorney, by ordinance or agreement, control and divert that
commercial waste stream that, right now, we've just basically ceded to the privatehauler? In other words,
right now we're collecting twenty percent and they can dump it in Okeechobee. They can dump it in Waste
Management. They can dump it in other ways that may be creative. Can we -- are we prohibited from --
under the franchise agreement or under the permit agreement system that we have now -- we haven't used
that authority but can we, in fact, direct, by ordinance, that waste stream?
Mr. Vilarello: Commissioner, the...
Commissioner Teele: The answer is yes. Because we went through this with FEMA (Federal Emergency
Management Agency). We went with through this with the FEMA contract and I'm just going to tell you
what the answer is real quick, Mr. Attorney. Because the big issue with FEMA was whether or not, on
Hurricane Andrew, we could direct -- the County could direct all of the waste stream to our landfill and not
let it go up to Okeechobee, which it really would have been cheaper if it would have gone to Okeechobee.
So, the point that I'm trying to make, Commissioners, is that this is not just as simple as the management has
tried to portray it here, now. And, basically, while there is all this discussion about the shortfall of waste
stream, there is possibly a huge capacity, which we don't know, we have no idea. I think we -- you could
probably call Fort Lauderdale, since we're probably about comparable in size in some ways and let them tell
us what the number is. But there is tens of thousands of waste stream that we can assert jurisdiction over
and direct for this project, and I just want to put that on the record because this waste stream issue is one,
quite frankly, that I took strong exceptions from the County because the County was engaged in this waste -
this flow control issue but if we are permitting and licensing the permit holders today and if we have a new
contract that we're talking about negotiating them with now, we can withhold the waste stream in terms of
telling them where to dump it. In other words, we can tell Waste Management, we can tell Republic, we can
tell USA Waste that, in addition, to collecting the waste and paying us twenty percent, we will assert certain
rights on that or we will take it back and that's the only point. Now, there's a supreme court case on flow
control that may create some unique problems and that, of course, is a matter to be looked at but I don't think
it's that simple and I think that's why you need an expert. I don't think it's a straight, "This is a bad deal for
the City, the worst deal in the history of the City." I mean, I've heard that from the Mayor and I'm now
hearing the echo. But the fact of the matter is -- the fact of the matter is, is that this deal is a questionable
deal that should be thoroughly evaluated and reviewed and if I had to vote today, I would vote against the
deal because I'm not sure about this deal but I don't think it's being characterized properly.
Mr. Warshaw: Commissioner, you weren't referring to me as the echo, were you? Because wait a minute
Commissioner Teele: I'll tell you what I said the other night, Monday, if the shoe fits...
Mr. Warshaw: Excuse me. That wasn't an echo. That is my professional opinion to you and
Commissioner Teele: If the shoe fits...
146 October 27, 1998
Mr. Warshaw: It's not an echo...
Commissioner Teele: If the shoe fits...
Mr. Warshaw: ...and I resent that.
Commissioner Teele: You always do. But if the shoe fits...
Mr. Warshaw: And I want to put it on the record. Thank you very much.
Commissioner Teele: If the shoe fits, wear it.
Mayor Carollo: Well, then, let's put the shoe on and see who should wear it. Whose got the size of the
shoe?
Vice Chairman Plummer: Are we going to knock this crap off and let's get something done.
Mayor Carollo: No, Commissioner. Let me get...
Commissioner Teele: Look, when you got people out here saying look through Building and Zoning and
see what kind of deals Teele tried to get; when you've got police officers running round here trying to pull
up computer records and hitting computer records that are coming back to other agencies; when you've got a
Mayor calling "The New Times" saying, "don't forget to investigate Teele's residency," that's exactly what
this Mayor did. Don't ask me to come in here and act like a gentleman because you guys are not gentlemen.
You're cowards.
Mayor Carollo: Commissioner, wait a minute. You should bring proof of everything that you're stating
here, Commissioner.
Commissioner Teele: Listen, I don't have to have proof.
Mayor Carollo: You should bring proof of everything you're stating. No, no, no.
Commissioner Teele: I'm telling you, Joe, you told"The New Times..."
Mayor Carollo: You're attacking people.
Commissioner Teele: I'm not attacking people. I'm stating the facts.
Mayor Carollo: Me. You're attacking every member of this administration.
Commissioner Teele: You told "The New Times" when your...
Mayor Carollo: You bring the proof, Commissioner. Furthermore, furthermore, let's get into it.
Commissioner Teele: You did do it, Joe.
Mayor Carollo: Where do you live, Commissioner? Where have you lived? How many residences have
you had since you've been here, Commissioner?
Commissioner Teele: You know what, Joe, that's the great thing about America that you can't do in Cuba.
Vice Chairman Plummer: Where's the new Police Chief?
Mayor Carollo: That's right. That's right.
Commissioner Teele: That's the great thing...
Mayor Carollo: And that's the Charter, Commissioner.
147 October 27, 1998
Commissioner Teele: That's the great thing you could do in Miami that you can't do in Cuba.
Mayor Carollo: Yeah, you better believe it, Commissioner.
Commissioner Teele: I can have freedom of movement.
Mayor Carollo: Sure.
Mr. Warshaw: Mr. Mayor, I'd like to say something.
Mayor Carollo: But there's also a Charter, Commissioner, and you've got to live in the City, Commissioner,
and that's the problem, Commissioner. But, you know, we're talking about shoes. Well, let's see where
these shoes lie. Let's get to the bottom of this. This has been going around for five or more years. This is
not something new; that it's just a contract that this government has been going through and we can't make a
decision. This has been going on for over five years and it's been going on because of the changes that
Bedminster has been making time and time again. They were supposed to have built this plan by "x" date.
They never did. Then, by the following date, they never did. Let me read, for the record. This is from the
"Atlanta Journal Constitution," on June of this year. It's got a subtitle that says, "neighbors fear the return of
the odor from the household garbage in Ross Lodge (phonetic) that closed the facility in 1996. There's a
worry joy in Scott Lane because the air doesn't stink, but residents are betting it won't stay that way. The
source of their unease, the Cobb County garbage processing plant, a couple of hundred yards away through
their back yard trees, which started operation Monday for the first time in almost two years. In the summer
of 1996, the plant designed to turn three hundred tons a day of household garbage and sludge into a compost
that can be sold on the open market, operated only two months before it was shut down. Air filters that were
supposed to limit odors escaping from the facility weren't doing their job. The stench coming from the plant
was enough to gag diners at a cafe almost a mile away, said a Scott Lane homeowner, Andrea Brooks. This
plant just opened up recently. They're testing it out again, after two years" At the same time, in the web
pages of Bedminster, it has Miami, Florida. It says this project is now on the final permitting stages. What
final permitting stages? That's why I try to find out what are they considering final permitting stages?
Because, to the best of my knowledge, there hasn't been any permits that have been issued by Dade County.
We talk about, if the shoe fits, wear it. How in the world can, back in February, when this Mayor wasn't
here, we have -- we would deal with again another extension of this contract in discussing it for less than
three minutes late at night, another, of course, pocket item, and, at the same time, we have a situation-- I've
been to Palm Beach County where the person that brought up that pocket item and made that motion all of a
sudden had relatives and others associated with him that were listed in trash companies, waste companies,
newly formed companies that had addresses up in Palm Beach County. Now, counselor, you want to sue?
I'm telling our counselor that the first people they should subpoena are former Commissioners that were
sitting in this Commission during the time that a lot of this stuff went through. And I've just about had
enough of this. The pressures that are being applied; the games that are being applied; the attacks that are
being sent. You guys want to sue? Sue. But this Mayor, as long as I am here and God protects me and
guides me, I'm going to do what's best for the City of Miami in protecting the residents' pocketbooks and I'm
not going to be trying to help a hand full of people, that all they want to do is rape and pillage this City.
Mr. Spector: Mr. Mayor, since you seem to direct those remarks at me, I just wanted to state on the record
that I take exception with what you said. I am not going to engage in a dialogue with you on the merits of
those charges. I don't think it would be befitting, since the purpose of my attendance here was to discuss a
possible settlement. Obviously, as litigation pursues, both your counsel and I will be able to obtain whatever
discovery is both appropriate and is governed by the court. I don't want to get into the merits. If there are
any other questions about our proposal, I'll be happy to answer them. Otherwise, I will shut up and sit down.
Mayor Carollo: Then I suggest you do that, counselor.
Mr. Spector: Thank you, Mr. Mayor, for your patience.
Commissioner Gort: Mr. Mayor?
Mr. Warshaw: Mr. Mayor?
148 October 27, 1998
Mayor Carollo: Yes, sir.
Mr. Warshaw: If I could ask -- I'm sorry.
Commissioner Gott: Excuse me.
Mayor Carollo: Commissioner.
Commissioner Gort: We've been on this for about two hours now. I mean, it's very simple. My
understanding is, the two attorneys can get together, if they can come up with a conclusion, how they think
they could do an audit with the expert, whatever needs. If they both agree, fine. If they don't, then let's
continue. I think that the room is open. My understanding is, the two of you can get together and if you can
come up with a conclusion that you think is feasible and agreeable by both parties, you can come back to us
the next meeting. If not, then we'll just go to court. I mean, let's finish this. I mean, we've been at for two
hours now.
Mr. Manuel Gonzalez-Goenaga: May I have one minute?
Mr. Vilarello: Mr. Mayor, if I can address the Commission.
Mayor Carollo: Now, I have been under constant attack since I stood and defended this City government,
when they came forward in wanting not to give us that million dollars ($1,000,000) for the extension. So, I,
too, am fed up with this, Commissioner, and I agree with you. Let's move forward, if that's the case.
Mr. Warshaw: Mr. Mayor, if I could have three minutes, I'd appreciate it very much?
Mayor Carollo: Yes, Mr. Manager.
Mr. Warshaw: Uninterrupted, if I can.
Mayor Carollo: Mr. City Attorney, do you need...
Vice Chairman Plummer: I'm going to tell all of you, I'm walking out the door at nine o'clock.
Mr. Vilarello: Can I address one issue on this...
Mayor Carollo: Excuse me. Mr. City Attorney, go ahead. I'm sorry.
Mr. Vilarello: If I can address Commissioner Gorfs comments. I believe that the Commission has made it
clear that they're not interested in a binding audit or review. And if we can-- if the City Commission can
direct me to sit down with Mr. Spector and try to address those issues, considering the fact that that's a major
component of this resolution for Mr. Spector's client, perhaps we can sit down and come to a conclusion, so
long as it's clear that this City Commission is not interested in a binding analysis of the deal. And if you can
give me that direction, I could proceed and, hopefully, Mr. Spector and his client can consider that.
Commissioner Regalado: Would you direct this Commission to just forget about everything and go to
court?
Mr. Vilarello: Well...
Vice Chairman Plummer: No, because the only ones that win are the lawyers.
Mr. Vilarello: Commissioner, if we can resolve this in a global resolution, that's always my best
recommendation to you. Experience has taught me not to say what I'm about to say. I don't believe-- and
I'm going to say it anyway. I'm going to — I don't believe that the remedy that they are seeking is something
that the court will award, that is, a termination of the recycling costs. I think that is inherently the City's
Commission directing the City Manager as to what that amount is. However, my suggestion to you is, if we
can reach a resolution of this agreement, that that would be best course of action to take.
149 October 27, 1998
Commissioner Regalado: So, are we going to vote on it?
Mr. Vilarello: If you...
Commissioner Gort: I think we need to vote on it. My understanding is - and correct me if I'm wrong. My
understanding is, this is not only with the cost of recycling. It's an analysis of the whole transaction.
Mayor Carollo: That's correct.
Mr. Goenaga: May I address the Commission for one minute?
Vice Chairman Plummer: Have we accomplished anything at all in the last two hours?
Commissioner Sanchez: No.
Vice Chairman Plummer: Besides hard feelings?
Commissioner Sanchez: Nothing whatsoever.
Commissioner Teele: Threatening some former Commissioners. I don't know who they are.
Vice Chairman Plummer: Well, you know, no. You know, I've got to go back and say that if there is any
room for not compromise but for room of understanding, and we can find a way to stay the hell out of court,
I think we're all ahead of the game. Now, I think the City Attorney has made a very good recommendation.
As two gentlemen, that they go down and sit together and see if there's an area of compromise that they can
come back, fully understanding that there's no binding arbitration or no binding solution -- that's a given
right from the beginning. But I have no problem with a City Attorney meeting with their attorney and seeing
if there are grounds in which there can be resolution. I mean, we all come out a winner if there can be such.
Maybe it can't be but at least we can be accused of trying, where we're not walking away and saying the hell
with it, goodbye, Amen. So I, for one...
Commissioner Gort: We are going to need to go to court, anyway.
Vice Chairman Plummer: You might still wind up going to court but at least they-- I can be accused,
rightfully.
Mayor Carollo: Commissioner, that avenue has always been opened to them but you and I...
Vice Chairman Plummer: But that's what he's recommending now. That's what I think that ought to be
done.
Mayor Carollo: You and I both know why they're here today. I mean, let's not beat around the bush
anymore. Those hidden hands that they've talked about, they're not here sitting today.
Vice Chairman Plummer: Mr. Mayor.
Mayor Carollo: But not long ago they were all in that front row.
Vice Chairman Plummer: Mr. Mayor, I respect your right to have your opinion and I respect my right to
have mine and all I'm saying to you, sir, is whenever there's a chance-- my father taught me, don't ever lock
a door so tight that you can't reopen it. And I'm saying, if there is any possibility whatsoever between the
two attorneys...
Mayor Carollo: They can sit down.
Vice Chairman Plummer: ...that there is a possibility, as he has recommended, let's do it. And if they can't
do it, at least we tried. But I don't want to walk away from the table saying, the hell with it, that's it, it's over.
You know, let's do it. And I still would like -- I still would like to know what an audit would cost, of what
the Manager is recommending needs to be done. Because I think that there is that important enough factor
150 October 27, 1998
here. As Commissioner Teele said, the hundred and twenty-five thousand, one way or the other, that we, the
people, who are going to vote on this issue need to know more of the facts. Mr. City Manager has been the
only one that, in my opinion, has been honest. And he has said, I don't know. Now, if he is a man that we're
looking to to make recommendations to this Commission and he doesn't know, I think it's worth our while, if
it's within reason, to get an auditing firm, if that's what he wants, and an outside expert to, at least, make him
say to this Commission, gentlemen, it's a horrible deal; gentlemen, here is the deal, but I think that we need
to know what an audit would cost and I just put that on the record.
Mayor Carollo: J.L., all the statements that you've made are reasonable and, you know, I think the
administration has heard both from the City Attorney side and the City Manager side and they move forward
based on the statements that you said, that I think are a consensus of the statements made here. And they
can come...
Vice Chairman Plummer: Let's move on to the next issue.
Mayor Carollo: Item...
Mr. Warshaw: Mr. Mayor?
Mayor Carollo: Yes, Mr. Manager.
Mr. Warshaw: If you could give me -- and I ask your indulgence for about three minutes so I can state my...
Vice Chairman Plummer: Put the clock on, please.
Commissioner Sanchez: No.
Vice Chairman Plummer: I'm kidding.
Mr. Warshaw: I really -- as Manager, I've told you from the very beginning I'm honored to serve. I was
honored when you appointed me interim and I was honored when I was sworn in. But I have to tell you, as
a 27-year veteran of the Miami Police Department, I've been a senior executive of this City since 1984. I
have never, in my entire career -- and I've been here for all kinds of people, through all kinds of processes, I
have never been so berated by anyone as I have by Commissioner Teele, these last six or seven weeks.
Vice Chairman Plummer: Here we go.
Mr. Warshaw: I'm asking you and, J.L., I'm asking you as a long time friend, someone you've known in the
Department, Commissioner Gort, Commissioner Sanchez, a former cop, Commissioner Regalado, someone
I consider a friend, and certainly the Mayor, but I want to tell you something. Forget about me for a minute.
Major John Buhrmaster, who's standing right behind me, one of the most decorated police officers in the
hundred and two year history of this department; stabbed in the line of duty in 1970's; officer of the year
four or five times; State officer for the entire State of Florida, won the gold and silver Medal of Honor and
on and on and on. And for this Commissioner to write a letter that he wrote, sending copies of it to the
media and accusing John Buhrmaster of being an agitator in an incident involving CommissionerTeele's
private residence. Major Buhrmaster has never had any discussions and I've queried him in depth with
Lieutenant Morton. And for these kinds of blind accusations and name calling, I ask each and every one of
you, as my friends -- Commissioner Teele doesn't like me. He doesn't like Ms. Bianchino. She's
obstructionist. He called Miss Warren the "Madam" and he'll deny it but he went on WMBM radio and he
referred to the black female employees of my staff as Aunt Jamimas but, then, later denied it. He said it was
only an Aunt Jamima mentality that exists. And I've got to tell you, as the Manager and the person in charge
of the City's employees, they need support. I am going to support them but, yet, when they're wrong, I'll be
the first one to discipline them. But I can tell you right now, for as long as I sit here, I will not stand for
anybody name calling, making blind and false accusations about people who are honorable, who have
integrity, who have done absolutely nothing wrong. And, Commissioner Teele, with all due respect to you,
you're a bully, all right. You've bullied your way into theMRC (Miami Riverside Center) building. Showed
up at offices of people who are afraid of you and have come to me and told you. No other Commissioner or
the Mayor ever comes into that building without appointments and shows up and spends hours of people's
time and, then, they come to me in fear of you. And I'm telling you, I will not put up with it. I won't put up
151 October 27, 1998
with it from you. You can bring all the people you want to the Commission. I bring three hundred of my
friends. I've been here, sir, 27 years and I live in the City, vote in the City and have been an employee of the
City. Now, I'm willing to go in the trenches, battle with you and I respect you as one of my bosses. But I
haven't called you names.
Mayor Carollo: Let's adjourn the meeting.
Mr. Warshaw: You started with me weeks ago with the thievery and the rape and Odio comparisons and I
took exception with it, then. I will not take it from you again. So, you want to do this every time we meet,
well, I'm ready for you. And I can tell you right now, I'll see five and not six of you if you don't learn to
treat the employees of the City of Miami with respect. And your disrespecting them. Dena Bianchino is not
an obstructionist. Gwen Warren is not the Madam and none of these people are any of the things that you
have referred to them as, and I take strong exception. I ask each and every one of you, who know Dena
Bianchino and know John Buhrmaster and I ask you, please, don't turn your back. You all know John.
John's been one of the most honorable servants this City has ever had. And with all due respect,
Commissioner Teele's been here for a year. He's been here for twenty-five years and that's worth a lot in my
book.
Commissioner Teele: Mr. Mayor, let me respond.
Vice Chairman Plummer: Yeah, you do because I want to tell you. After you do, I'm going home. I've had
enough. It is absolutely ridiculous that we are sitting here going through this kind of a scenario.
Commissioner Gort: I got a pocket item that's very important.
Commissioner Teele: Look, J.L., let me tell you...
Vice Chairman Plummer: Hey, I'm telling you, I hope that Cable 9 is broken because I don't want to face
the people of this City with the embarrassment of what has gone on.
Mayor Carollo: Gentlemen, this is one...
Commissioner Teele: Mr...
Vice Chairman Plummer: Mr. Teele, I respect you to have your right.
Mayor Carollo: This one meeting -- gentlemen, this is one meeting That I think that it would be in the best
interest...
Vice Chairman Plummer: This is absolutely-- I'm embarrassed to say I'm a Commissioner today. I want to
tell you that. I'm embarrassed.
Mayor Carollo: Gentlemen.
Commissioner Teele: Let me tell you something.
Mayor Carollo: This one meeting that it will be in the best interest of this City and this body to adjourn now,
please. So if...
Commissioner Teele: Well, I will tell you this, Mr. Mayor, when we come back, I'm going to respond in
kind because not only...
Mayor Carollo: Commissioner...
Commissioner Teele: ...are there people who served this country, you know...
Commissioner Gort: I got a pocket item that's very important.
Vice Chairman Plummer: Are you adjourning or recess?
152 October 27, 1998
Commissioner Teele: But I can tell you right now, this is not over until I have my say so because I am here
elected by the people.
Mayor Carollo: I'm adjourning. If I get a motion from you.
Vice Chairman Plummer: Give him his right.
Commissioner Teele: You know, and I'm elected by my district and Warshaw may not like it. He doesn't
have to like it but he's going to respect me. And if a sergeant talked to a lieutenant the way he talks to me
and the way he was yelling at Regalado today, he'd be disciplined and he has no respect because he's
confused about who he works for.
Mr. Warshaw: I don't think so, Commissioner.
Commissioner Teele: And the fact of the matter is — and the fact of the matter is, leave my wife out of this.
That's what I -- this whole thing is about the fact that Commissioner-- that Mayor Carollo and you -- and I
will tell you, Mr. Powell, from "The New Times," called me and said, Mayor Carollo called him and asked
him if he would, please make sure that he looked at my residency. There are some interesting files that he's
got.
Mayor Carollo: Sure.
Commissioner Teele: OK. And to include that.
Mayor Carollo: Bring the proof, Commissioner.
Commissioner Teele: Now, I'm putting it on the record
Mayor Carollo: Bring the proof, Commissioner.
Commissioner Teele: There ain't no he said, she said. Mayor Carollo called
Mayor Carollo: Sure. Bring the proof, Commissioner.
Commissioner Teele: The fact of the matter is, these files were pulled together and, in fact, a high ranking
police officer told me of the conversations between John Buhrmaster and Ardel Martin (phonetic) long
before. The fact of the matter is, is that this entire matter has turned into a personal attack on me and I am
not going to let Warshaw or anyone else attack me. This is about the fact that he was resenting the fact that I
asked him, respectfully, to remove -- to pay the two hundred thousand dollars ($200,000.) back. He blew
up. I think the record is repleted. He made all of these references to the fact that he's not Ceasar Odio but
you heard today. The original decision and the decision that we have continued to support by not undoing it
was a decision made by Ceasar Odio and it is a decision being perpetrated by Chief Donald Warshaw. And
even today he has refused to send the letter to Off-street Parking to release the funds. The fact of the matter
is, is that a lot of us have served in this country and served this community. I've worked at the highest levels
of government in Washington, in Tallahassee and in the county, and I have never had an employee, a
subordinate, to have the blind, arrogant attitude that Donald Warshaw has. Now, he got away with that stuff
with Suarez. You know, and your record -- you need to go back and look at the tapes of the way you talked
to Mayor Suarez when he was Mayor. You got away with it. But I'm going to tell you something, as long as
I'm in this Commission chair, as long as I'm here, you're going to respect me and you're going to respect that
community. And you can start by respecting the community by...
Mr. Warshaw: Likewise.
Commissioner Teele: And you can start by respecting the community by removing the parking lot, the
Police Impoundment Lot and putting it over there on Brickell in front of your house.
Mr. Warshaw: I read your comments about the police, too. You don't like the police, too. They accuse
everyone. I read your comments, Commission.
153 October 27, 1998
Commissioner Teele: Because let me tell...
Mayor Carollo: Gentlemen, gentlemen.
Mr. Warshaw: You're against everyone.
Commissioner Teele: Let me tell you something.
Mr. Warshaw: You don't like the cops, you don't like my staff. Who do you like?
Commissioner Teele: The police impoundment lot...
Mayor Carollo: Let's take a break right now, gentlemen.
Commissioner Teele: The Police Impoundment Lot has been there for twentythree years.
Commissioner Gort: We're going to recess for ten minutes.
Commissioner Teele: And the residents of Overtown -- the residents of Overtown, who live there, have to
look at that. Put it over there in front of Fortune House on Brickell and see how long it would stay. This is
ridiculous.
Mayor Carollo: We will take a recess for ten minutes.
Commissioner Teele: And I will not tolerate it. I will be here as long as I'm an elected Commissioner but I
will not let you disrespect me and my-- the community that I represent.
Mayor Carollo: We'll recess for 10 minutes and come back.
Vice Chairman Plummer: Wait, wait, wait. Now, hold it.
Commissioner Teele: You putting my wife in this-- I'm telling you, you better leave my wife out of this.
Mr. Warshaw: I don't even know your wife, Commissioner.
Commissioner Teele: You better leave my wife out of this.
Mr. Warshaw: Don't get personal with me.
Commissioner Teele: You better stop investigating her citizenship and all that because somebody's hitting
the computers.
Mr. Warshaw: You should take those allegations to the State Attorney if you think you're being investigated
because, you know what, nobody's investigating you from the Miami Police Department, not a soul. So
that's a baseless allegation, which is exactly what you've been doing.
Commissioner Teele: Listen, you -- your department, based upon instructions from you, went in and pulled
a building permit that was basically an administrative error. The hundred and sixty thousand dollars
($160,000) that I read in the newspapers, that the person who owned the property built, has not even been
looked at, a hundred and sixty thousand dollars ($160,000) of improvements against ten thousand dollars
($10,000.00) in equity.
Vice Chairman Plummer: Mr. Mayor, I make a motion at this time, all P and Z motions be deferred --
moved over to November the 17th in compliance with the law.
Commissioner Gort: I have a pocket item.
Commissioner Sanchez: Hey, listen. That's not really fair to these people.
154 October 27, 1998
Mr. Vilarello: Mr. Mayor.
Commissioner Sanchez: You know take five minutes, we come back. I mean....
Mayor Carollo: Let's recess.
Commissioner Sanchez: Listen...
Vice Chairman Plummer: What are you going to do. I'm asking the question, are we in recess or are we
adjourned?
Mr. Vilarello: Recessed.
Commissioner Sanchez: Recessed.
Mayor Carollo: Commissioner, I said recess. And I think we need to talk to see if this is going to be
adjourned or, if not, what few items must be taken because we're not getting anywhere with this.
Vice Chairman Plummer: I don't want to continue this kind of dialogue for the rest of the night. And I'd like
to...
Commissioner Gort: Let's do Planning and Zoning right away and that's it. You got an agenda, things we
got to do. These people have been waiting here all afternoon, all night.
Commissioner Teele: You know, if the Mayor comes in and take shots at me, I'm going to respond. I'm not
going to let him do me like that.
Mayor Carollo: If who?
Commissioner Teele: If you do. Joe, you know, you start talking about preaching and this and that. I'm not
going to let you do that.
Mayor Carollo: Art, let me say something. I'm not Rick Scisser, Art. I'm not Rick Scisser.
Commissioner Teele: Joe, why do you have to start something?
Vice Chairman Plummer: I don't know what we are. I'm trying to ask the question.
Commissioner Gort: We're in recess. Ten minute recess.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
8:02 P.M. AND RECONVENED AT 8:15 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE
PRESENT.
Vice Chairman Plummer: Is it 19?
Mayor Carollo: Yes.
Vice Chairman Plummer: The Virginia Key?
Mayor Carollo: Right.
Vice Chairman Plummer: Mr. Mayor, it's my understanding that-- where is Dena? She was the one who
155 October 27, 1998
negotiated the deal on the use -- by Fisher Island for the purposes of parking up to five hundred cars. They
are very much aware they had to indemnify the City. They've got to pay all of the money that will be
necessary for the purposes of upgrading the property with proper security, proper lighting and all of that and
indemnify the City and we have agreed to take fifteen thousand dollars ($15,000) a month on a revocable
permit that they are fully understanding of. I think it's a good deal for the City. It's an additional hundred
and eighty-five thousand dollars ($185,000.00) a year and I would move it.
Commissioner Sanchez: Second.
Mayor Carollo: It's a motion. There's a second. This is -- of course, has to go through the Oversight Board
for final approval.
Vice Chairman Plummer: I don't...
Mayor Carollo: If we could go to the...
Vice Chairman Plummer: If it does, I don't think so, Mr. Mayor, because it's not a contract. It's a revocable
permit.
Mayor Carollo: OK. Well -- Mr. City Attorney, go ahead.
Mr. Vilarello: I have -- I don't know what it is because I haven't had an opportunity to review it. It does --
this issue does raise a significant number of concerns, including waterfront implications with the Charter,
whether or not the deed permits this, any environmental initiatives...
Miss Lucia Dougherty: I think that you have the wrong papers..
Vice Chairman Plummer: Wait a minute. You're out of order. Subject to the City Attorney not having any
objections.
Miss Laurie Billberry (Asset Management): J.L., may I clarify for the record?
Vice Chairman Plummer: Absolutely.
Miss Billberry: What we're proposing as an alternative, due to the concerns of the Law Department, is that
they move this and do it at the Marine Stadium and that's what we...
Vice Chairman Plummer: Yeah, of course. That's what we're talking about.
Miss Dougherty: Just make sure it's clear.
Vice Chairman Plummer: I move it, Mr. Mayor.
Mayor Carollo: OK. There's a motion. Seconded by Commissioner Sanchez. Do you have any further
input, Mr. City Attorney?
Mr. Vilarello: Certainly. I need to review the document...
Mayor Carollo: No, no. Now, now.
Mr. Vilarello: As soon as I review the document, this Commission gives me the opportunity to come back,
if there's a problem, I...
Mayor Carollo: Of course. All right, that's fine. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no nays.
156 October 27, 1998
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-1077
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE A REVOCABLE LICENSE AGREEMENT
("AGREEMENT"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH FISHER ISLAND HOLDINGS, L.L.C., FOR USE OF SPACE WITHIN
THE MIAMI MARINE STADIUM PARKING LOT, LOCATED AT
APPROXIMATELY 3601 RICKENBACKER CAUSEWAY, MIAMI,
FLORIDA, AT A MONTHLY FEE OF $15,000.00, FOR THE PURPOSE OF
PROVIDING TEMPORARY PARKING ON A MONTH TO MONTH BASIS,
AND AT TERMS AND CONDITIONS AS MORE PARTICULARLY SET
FORTH IN SAID AGREEMENT.
(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. Mayor, I have a grant of money from Wynwood.
[[AATC TIES POINT, VICE CHAIRMAN PLUMIVIER READ THE ORDINANCE INTO THE PUBLIC
Vice Chairman Plummer: I so move.
Commissioner Teele: Second the motion.
Mayor Carollo: There's a motion by Commissioner Plummer. Second by Commissioner Teele.
Commissioner Teele: Is there an ordinance?
Vice Chairman Plummer: It is an emergency ordinance, which it takes two readings. It's accepting the
forty-seven thousand -- forty-six thousand seven hundred dollars ($46,700).
Mayor Carollo: That's accepting money. Is there any input from the administration on this?
Vice Chairman Plummer: Yes. They're the ones that recommended it, Mr. Mayor.
Mayor Carollo: OK. All right. Hearing none, all in favor signify by saying "aye."
Mr. Foeman: It's two readings.
Vice Chairman Plummer: No, no, it's an ordinance.
157 October 27, 1998
Mayor Carollo: It's an ordinance, I'm sorry.
Mr. Vilarello: Two readings.
Mayor Carollo: OK. He's read it. Can you call the roll, please.
Mr. Vilarello: Two roll calls.
An Ordinance Entitled -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO.
11537, ADOPTED SEPTEMBER 9, 1997, WHICH ESTABLISHED
INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR A
SPECIAL REVENUE FUND ENTITLED: "WYNWOOD/HIDTA
COMMUNITY EMPOWERMENT ANTI -NARCOTICS INITIATIVE",
THEREBY INCREASING SAID APPROPRIATIONS IN THE
AMOUNT OF $46,700.00, CONSISTING OF A GRANT FROM THE
MONROE COUNTY SHERIFF'S OFFICE; AUTHORIZING THE
CITY MANAGER TO ACCEPT A GRANT, AND TO EXECUTE ANY
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY TO IMPLEMENT ACCEPTANCE OF SAID
GRANT; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
was introduced by Vice Chairman Plummer and seconded by Commissioner Teele, for adoption as an
emergency measure, and dispensing with the requirement of reading same on two separate days, was
agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner
Teele, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11718.
158 October 27, 1998
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Mayor Carollo: OK. Commissioner Gort, did you have something else you needed to bring up?
Commissioner Gort: Yes. I had a pocket item. If you all recall, when the -- probably when the Marine
Stadium was sold, the flea market moved to the parking lot of the Shriner's, right next to the river so, what
I'd like to do is, I need a resolution related to temporary special events...
Vice Chairman Plummer: So moved.
Commissioner Gort: ...authorizing the operation of flea markets by CCAL Corporation as temporary special
events, not to exceed fourteen social events per site, per operator; subject to said operator obtaining the
class-1 special permit for each event and paying the required fees and providing for the authorization period.
Would like to do this on a monthly basis.
Vice Chairman Plummer: Second.
Mayor Carollo: There's a motion. There's a second. Has the City Attorney looked at this through the
administration and give an opinion on it?
Mr. Vilarello: Members of my staff have and it's been approved.
Commissioner Gort: They have been operating already.
Vice Chairman Plummer: Call the roll.
Mayor Carollo: Any statements or...
Commissioner Gort: They're already...
Mr. Vilarello: I could only speak with regard to my office and we're fine.
Vice Chairman Plummer: Subject to the City Attorneys approval.
Mr. Vilarello: City administration-- I don't know if the administration has seen it but certainly our office is
fine.
Vice Chairman Plummer: All in favor.
Mayor Carollo: All right.
Ms. Bianchino: We have no problem.
Mayor Carollo: Very good. OK.
Commissioner Gort: I move it.
Mayor Carollo: All in favor, signify by saying "aye"
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
159 October 27, 1998
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-1078
A RESOLUTION, WITH CONDITIONS, RELATING TO TEMPORARY
SPECIAL EVENTS, AUTHORIZING FOR A PERIOD OF TIME NOT TO
EXCEED FOUR (4) CONSECUTIVE WEEKS, THE OPERATION OF A
FLEA MARKET BY C.C.A.L. CORPORATION AS TEMPORARY SPECIAL
EVENTS, AT 1480 NORTHWEST NORTH RIVER DRIVE, MIAMI,
FLORIDA (MAHI SHRINE PROPERTY).
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Plummer, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
31. EMERGENCY ORDINANCE: AMEND ORDINANCE 11693 — SUPPLEMENT MBIA
INSURANCE FOR PARKING SYSTEM BINDS'— AMEND TERM PROJECT SUBJECT TO CITY'
ATTORNEY APPROVAL.
Vice Chairman Plummer: Mr. Mayor, another emergency ordinance, which I think you're aware of.
[AT THIS POINT, VICE CHAIRMAN PLUMMER READ THE ORDINANCE INTO THE PUBLIC
RECORD]
Vice Chairman Plummer: I so move.
Commissioner Teele: Second the motion.
Mayor Carollo: There's a motion. There's a second.
Commissioner Teele: Mr. Chairman -- Mr. Mayor.
Mayor Carollo: Yes.
Commissioner Teele: It's my understanding -- and I'd like the attorney to clarify -- that this is a -- the City
Attorney to clarify that this is a technical glitch issue and doesn't have a substantive.
Mr. Vilarello: That's correct. This is a requirement of the insurance corporation, which is insuring this bond
issue. Mr. Friedman is here to address...
Commissioner Teele: The purpose of this is to provide for insurance on the bonds, is that...
Mr. Vilarello: That's correct.
Mr. Bob Friedman: There is -- my name is Bob Friedman with Holland and Knight. We're the bond
counsel to the City in connection with these bonds. There's one other change that's part of this amendatory
-- I'm sorry -- amendment to the ordinance. We'd like to amend the definition of the term "project" in order
160 October 27, 1998
to allow for the possibility of the use of bond proceeds to pay settlement of a litigation.
Commissioner Teele: All right.
Commissioner Gort: To pay what, sir?
Vice Chairman Plummer: What is the recommendation of the Administration?
Ms. Bianchino: I haven't seen this. I haven't seen it.
Vice Chairman Plummer: I'm about to pull it.
Mr. Vilarello: This would impact the Department of Of€Street Parking and not the City Administration.
Vice Chairman Plummer: Again, subject to the City Attorney's approval. He would have the right, if he
doesn't agree, to pull it.
Mr. Vilarello: OK.
Vice Chairman Plummer: It's an emergency ordinance, Mr. Mayor. Takes two readings.
Mayor Carollo: OK.
Vice Chairman Plummer: Two roll calls.
Mayor Carollo: Can you call the roll.
An Ordinance Entitled -
AN EMERGENCY ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, SUPPLEMENTING AND AMENDING ORDINANCE NO.
11693, ADOPTED BY THE CITY COMMISSION ON AUGUST 14,
1998, WHICH ORDINANCE NO. 11693 AUTHORIZED THE
ISSUANCE OF PARKING SYSTEM REVENUE BONDS OF THE
CITY OF MIAMI, FLORIDA, TO ADD PROVISIONS REQUIRED BY
MBIA INSURANCE CORPORATION IN ORDER TO PROVIDE
MUNICIPAL BOND INSURANCE FOR PROPOSED BONDS; AND
PROVIDING AN EFFECTIVE DATE.
was introduced by Vice Chairman Plummer and seconded by Commissioner Teele, for adoption as an
emergency measure, and dispensing with the requirement of reading same on two separate days, was
agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
161 October 27, 1998
Whereupon the Commission on motion of Vice Chairman Plummer and seconded by Commissioner
Teele, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11719.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Mayor Carollo: OK.
Vice Chairman Plummer: Are we ready to go home?
Commissioner Teele: Mr. -- you've done three pocket items and now you want to --
Mayor Carollo: I'm going to suggest that maybe we could do, quickly-- I don't think there's more than two
zoning items here.
Commissioner Teele: Sure.
Mayor Carollo: Can I see...?
32. (A) DIRECT CITY MANAGER TO PROVIDE COST OF IMPLEMENTING SUPER CAN
SYSTEM TO COLLECT GARBAGE FOR SINGLE FAMILY RESIDENTIAL HOUSEHOLDS.
(B) DIRECT CITY MANAGER TO PROVIDE COST AND TIMETABLE FOR. REMOVAL OF
PARKING LOTSFROM UNDERNEATH I-95 IN OVERTOWN.'
Commissioner Teele: Before you leave, may I request of the management a report at the next meeting on
the cost of implementing Super Can, a Super Can System to collect garbage for residential household
citywide? And it's my understanding that cost would be somewhere around fifteen to twentyfive million
dollars ($25,000,000) to ensure that all the household residential garbage is collected and not put on the side
of the street, the way it is now. And, also, may I request of the management that you submit a written plan
for the removal of the parking underneath 95 in Overtown. This parking plan should include the cost and a
source of funding and a timetable and, as you know, this parking has been there for 24 years. It was there
located for one year on an emergency temporary basis and I've given the management, in writing, at least
three separate locations, all of which would, by the way, remain in Overtown but, at least, it would remove
the view that residential homeowners have to have as they look out of their apartments or their homes, at a
parking garage. And I would only say this, that I don't think any of us want that next to them. It's one of
those not -in -my -back -yard kind of things. There is a place that Commissioner Plummer and I share a
district over there, right next to where the Florida Power and Light ugly power plant is going. It would not
affect any residential homes. And I've asked this now for the better part of six months and I would request,
respectfully, a written plan, including the costs and the timetable and a source of funding to do that. And
thank you very much, Mr. Mayor, for the courtesy.
Mayor Carollo: Very good, Commissioner. If I could...
Commissioner Teele: Mr. Mayor, may I just add something? What is it? You know, we've all kissed this
guys butt. The Ambassador's here but we certainly haven't given him any...
162 October 27, 1998
Mayor Carollo: What ambassador.
Commissioner Teele: The new Ambassador. I mean, is there something we could bring up that would help
the ambassador? I know all of us will be going to Panama, would want to stop by the Ambassador's
residents and it really doesn't seem to be too smart to have...
Vice Chairman Plummer: I wish I had gone there, today.
Mayor Carollo: He'll enjoy a lot of good seafood over there.
Commissioner Teele: Could we bring the item up, Mr. Mayor?
Vice Chairman Plummer: Hey, guys.
Mayor Carollo: That, we can, but...
Vice Chairman Plummer: Speed it up. I'm walking out at nine.
Mayor Carollo: Before we do, if I could see what items people are here for. I don't think it's too many
items. Ma'am.
Unidentified Speaker: PZ-1, PZ-2. Just to make sure ? November 17th.
Mayor Carollo: PZ-1,2.
Vice Chairman Plummer: No, two to continue. I'll make a motion...
Mayor Carollo: PZ-1 and 13.
Vice Chairman Plummer: I make a motion, PZ,2 moved to November the 17th. I so move.
Commissioner Gort: Second.
Unidentified Speaker: For the PZ agenda.
Mayor Carollo: You'll be quick, OK. PZ-7 is a quick. Anybody else?
Mr. Vilarello: Mr. Mayor, could you have them approach the mike, please?
Mayor Carollo: Five, 6A and 6B.
Vice Chairman Plummer: Go to the microphone.
Mayor Carollo: I don't think we're going to get done with all of them. Anybody back here is here for any
other items? Yes. What item, please?
Unidentified Speaker: Seventeen.
Mayor Carollo: Seventeen. Any other items?
Vice Chairman Plummer: That's next year.
163 October 27, 1998
Mayor Carollo: OK. The staff has any items that they must get through tonight?
Ms. Bianchino: We'd like to continue the following items: RZ 2, P-Z 3 and 4, P-Z 8 and 9, P-Z 12 and 13
to be continued until November 17th.
Vice Chairman Plummer: So moved.
Commissioner Gort: Second.
Mayor Carollo: OK, there's a motion. There's a second. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
164 October 27, 1998
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.98-1079
A MOTION TO CONTINUE THE FOLLOWING AGENDA ITEMS TO THE
COMMISSION MEETING (ON PLANNING AND ZONING ITEMS)
PRESENTLY SCHEDULED FOR NOVEMBER 17, 1998: PZ-2 (PROPOSED
MAJOR USE SPECIAL PERMIT FOR THE CLOISTERS ON THE BAY
PROJECT, 3463-3571 MAIN HIGHWAY); PZ-3 (PROPOSED FIRST
READING ORDINANCE TO AMEND THE COMPREHENSIVE
NEIGHBORHOOD PLAN AT 1612 N.W. 30 STREET FROM DUPLEX
RESIDENTIAL TO RESTRICTED COMMERCIAL); PZ-4 (PROPOSED
FIRST READING ORDINANCE TO CHANGE ZONING AT 1612 N.W. 30
STREET FROM R-2 TWO FAMILY RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL); PZ-8 (PROPOSED SECOND READING ORDINANCE TO
AMEND THE COMPREHENSIVE NEIGHBORHOOD PLAN AT 1975 N.W.
12 AVENUE [PROPERTY MAINTENANCE SITE] FROM MAJOR
INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND
UTILITIES TO GENERAL COMMERCIAL); PZ-9 (PROPOSED SECOND
READING ORDINANCE TO CHANGE ZONING AT 1975 N.W. 12 AVENUE
[PROPERTY MAINTENANCE SITE] FROM G/I GOVERNMENT AND
INSTITUTIONAL TO C-2 LIBERAL COMMERCIAL); PZ-12 (PROPOSED
FIRST READING ORDINANCE TO AMEND COMPREHENSIVE
NEIGHBORHOOD PLAN AT 1401 & 1441 NORTH MIAMI AVENUE FROM
RECREATION AND MAJOR INSTITUTIONAL, PUBLIC FACILITIES,
TRANSPORTATION AND UTILITIES TO GENERAL COMMERCIAL),
AND PZ-13 (PROPOSED FIRST READING ORDINANCE TO CHANGE
ZONING AT 1401 & 1441 NORTH MIAMI AVENUE FROM PR PARKS
AND RECREATION AND G/I GOVERNMENT AND INSTITUTIONAL TO
C-2 LIBERAL COMMERCIAL).
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.
34. GRANT APPEAL OF ZONING BOARD DECISION WHICH GRANTED APPEAL BY MARGO
ALVAREZ AND REVERSED PLANNING AND DEVELOPMENT'SDECISION TO ISSUE CLASS
II SPECIAL PERMIT APPLICATION 98-0075 - FOR CONSTRUCTION OF PARKING GARAGE
LOCATION: 3315, RICE STREET — APPELLANT: OFF STREET PARKING. — FURTHER'
COMMENTS FROM SIMON FERRO NEWLY APPOINTED US AMBASSADOR TO PANAMA.'
Mayor Carollo: OK. Let's take the one item that you said will be real quick with the Of€Street Parking.
Mr. Manager.
Vice Chairman Plummer: You've reached an agreement. What do we have to hear?
Mr. Joel E. Maxwell (Assistant City Attorney): You need to take it up.
Mr. Simon Ferro: We've -- Mr. Chair, I represent Grove Square Condominium. We had not appealed the
165 October 27, 1998
Class II Special Permit. We have arrived at an agreement with the parking authority, whereby we've agreed
that they will do a couple of access points from the parking garage to Grove Square Condominium. They
are reflected...
Vice Chairman Plummer: At whose costs?
Mr. Ferro: At their cost on their side and our cost on our side.
Vice Chairman Plummer: Is Mr. Cook here? Where's Clark Cook? Without his acquiescence...
Mr. Ferro: Oh, he already signed off here.
Ms. Vicky Garcia -Toledo: Vicky Garcia -Toledo, with offices at 2500 First Union Financial Center,
representing the Department of Off -Street Parking on a pro bono basis, as part of our firm's community
commitment.
Vice Chairman Plummer: Mr. Cook.
Ms. Garcia -Toledo: And I believe...
Vice Chairman Plummer: They're saying about the-- they've changed some of the openings at your cost.
Mr. Clark Cook: That is correct.
Vice Chairman Plummer: How much?
Mr. Cook: I'm comfortable. Should be, Commissioner, somewhere around twenty thousand dollars
($20,000) but I don't have to do another little portion that will save me about ten or 12...
Vice Chairman Plummer: What about the idea what you told me about the security, that it would open the
door for all kinds of insecurity.
Mr. Cook: We have resolved that issue with the plan.
Vice Chairman Plummer: I got a problem, all right. I'm going to tell you something.
Commissioner Gort: Which item is this?
Vice Chairman Plummer: I got a problem with the fact that we went with a good proposal, a very good
proposal, and we're talking about now accommodating somebody else, that we're going to have to put out
twenty thousand dollars ($20,000) of Off -Street Parking money.
Mr. Cook: Commissioner, in the long run, I don't think this cost to be excessive. It'll probably be less than
that but we could save the money in some other areas. I believe this is the right thing to do and recommend
it to the Commission.
Vice Chairman Plummer: All right.
Commissioner Gort: Which item is this?
Ms. Gacia-Toledo: Item Number 7, P-Z 7.
Commissioner Gort: Move it.
Commissioner Regalado: Second.
Mr. Maxwell: Oh, wait. Just what you need to do on this, Commissioner. This is a zoning item and really
the discussions -- the monetary discussions are really not pertinent to the item before you now.
166 October 27, 1998
Vice Chairman Plummer: It might not be for you.
Mr. Maxwell: What you need do is to bring up the item, which is an appeal from the Zoning Board..
Commissioner Gort: My understanding, this is an appeal and the person who's doing the appeal is retiring
the appeal and, for that reason, it's no longer an appeal.
Mr. Maxwell: What you need to do, in order to implement what they've just said, you need to reverse the
decision of the Zoning Board.
Commissioner Gort: I move.
Ms. Lourdes Slazyk: May I suggest some language? Since you've not only approved reversing the decision
of the Zoning Board, you're accepting the modifications of the plans and let me just read in the record...
Commissioner Gort: Read my motion.
Ms. Slazyk: OK. A resolution appealing the appeal by DOSP (Department of Off Street Parking) and,
therefore, upholding a Class II Permit with the condition that the plans on file be modified consistent with
the agreement between the parties and subject to review and approval by the Fire Department for code
compliance.
Commissioner Gort: So moved.
Mr. Ferro: Commissioner, just one more thing. This plan, we would like it presented, for the record, and
made a part of the resolution because it reflects exactly what we've agreed to do. Plus, a letter, that's been
agreed to by both parties, that basically says that we're going to do this and that the abutting wall will be
completed and painted stucco and the light, so...
Commissioner Gort: Give that to staff.
Ms. Slazyk: As an attachment to the resolution.
Commissioner Gort: As an attachment to the resolution. You give it to staff. OK. I made a motion.
Mr. Maxwell: Give it to the City Clerk.
Vice Chairman Plummer: I'd like these non controversial issues. They take a half a day. Call the roll. Let's
do something.
Mayor Carollo: Call the roll, please. It passes unanimously.
167 October 27, 1998
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-1080
A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD,
DENYING THE APPEAL, AND UPHOLDING THE ISSUANCE OF CLASS II
SPECIAL PERMIT APPLICATION NO. 98-0075, SUBJECT TO: (1) ALL
CONDITIONS REQUIRED ON JUNE 1, 1998 BY THE DIRECTOR OF THE
DEPARTMENT OF PLANNING AND DEVELOPMENT; (2)
MODIFICATION OF PLANS ON FILE TO BE CONSISTENT WITH THE
AGREEMENT BETWEEN THE PARTIES; AND (3) REVIEW APPROVAL
BY THE DEPARTMENT OF FIRE -RESCUE FOR CODE COMPLIANCE,
FOR THE PROPERTY LOCATED AT APPROXIMATELY 3315 RICE
STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED
HEREIN, TO ALLOW NEW CONSTRUCTION OF A PARKING GARAGE
PURSUANT TO SECTIONS 602.3.1 AND 1512 OF ORDINANCE NO. 11000,
AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Mr. Ferro: Mr. Mayor, just one more thing. I will be gone for about three years and I just want to say that
it's been a pleasure working with all of you here. I've known many of you for a very long time and I do want
to extend a very personal invitation to each and every one of you to visit me. I'll be very lonely there. I need
all the friends I can get. So, please, take my invitation, go down to Panama at some point and time and I
promise you that I'll make a lot of time for you. Thank you very much.
Vice Chairman Plummer: Thank you.
Commissioner Gort: Thank you very much.
Commissioner Regalado: OK. Does that include the air fare too?
Vice Chairman Plummer: What are you doing on November the 17th. Are we finished?
168 October 27, 1998
35..CONTINUECONSIDERATION OF PZ-1 (REQUEST FOR OFFICIAL VACATION AND
CLOSURE OF PUBLIC RIGHT-OF-WAY - LOCATION: PORTION OF N.E. 13 'TERRACE
BETWEEN BISCAYNE BOULEVARD AND NORTH B,AYSHORE DRIVE - APPLICANT: MLV&-
DADE COUNTY, DAOREN INC. & KNIGHT RIDDER, INC.) TO PLANKING AND ZONING
MEETING OF NOVEMBER 17, 1998.
Mayor Carollo: We have P-Z 1, I believe.
Commissioner Gort: One.
Mayor Carollo: Next one in line.
Vice Chairman Plummer: I gave up my agenda.
Mayor Carollo: We have 29 more minutes.
Mr. Kay: Mr. Mayor, members of the Commission, RZ 1 is a public hearing item for the vacation closure
of Northeast 13th Terrace between Biscayne Boulevard and North Bayshore Drive, two corner clips at the
northwest and northeast intersections of Northeast 13th Street at Biscayne Boulevard and also for the
Waldon Court. The Plat Street Committee has met on this item. We are in agreement that the closures are
in the best interest of the city.
Vice Chairman Plummer: I'd like to defer this, Mr. Mayor?
Mayor Carollo: OK.
Vice Chairman Plummer: The reason I want to defer is, you might see who the applicant is. It's called
Metropolitan Dade County.
Mayor Carollo: It's a motion for deferment. Is there a second?
Commissioner Teele: Second.
Mayor Carollo: Seconded by Commissioner Teele. All in favor, signify by saying "aye."
Mr. Maxwell): Are you continuing it to November the 17th, Commissioner?
Vice Chairman Plummer: I'll continue it until they're ready to sit down and agree with the City that we're
good friends.
Commissioner Teele: Seventeenth.
Mayor Carollo: Seventeenth is the date.
Vice Chairman Plummer: Seventeenth is fine.
Mayor Carollo: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
169 October 27, 1998
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.98-1081
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-1
(PROPOSED VACATION AND CLOSURE OF A PORTION OF N.E. 13TH
TERRACE BETWEEN BISCAYNE BOULEVARD AND NORTH
BAYSHORE DRIVE) TO THE COMMISSION MEETING (ON PLANNING
AND ZONING ITEMS) CURRENTLY SCHEDULED FOR NOVEMBER 17,
1998 OR UNTIL MIAMI-DADE COUNTY IS READY TO SIT DOWN TO
DISCUSS THIS 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.
36. FIRST READING ORDINANCE:AMEND ORDINANCE 10544 FROM DUPLEX RESIDENTIAL
TO RESTRICTED COMMERCIAL — CHANGE FUTURE LAND USE ELEMENT OF
COMPREHENSIVE NEIGHBORHOOD PLAN — LOCATION: 36749 3680, 3690S.W. 26''TERRACE
AND 3675 S.W. 27 STREET — APPLICANT: SOL;C. MANDEL
Mayor Carollo: I think the next one is F-Z 5.
Ms. Slazyk: P-Z 5, 6 and 6 -- 6A and B are companion items.
Mayor Carollo: Companions, OK.
Vice Chairman Plummer: Move it.
Mayor Carollo: Well, let's...
Vice Chairman Plummer: What's the problem? They're all for approve.
Ms. Slazyk: Yes, they're recommended for approval but at the lower boards, the applicants had proffered a
covenant that I think she would like to proffer to the ACU that the department's in agreement with.
Mayor Carollo: OK.
Vice Chairman Plummer: Has the City Attorney seen it?
Mayor Carollo: Very good.
Ms. Slazyk: Between first and second reading...
Mr. Maxwell: Yes, we've seen the preliminary on it and we will finalize it before second reading.
Vice Chairman Plummer: I move Item 5.
Commissioner Teele: Second.
170 October 27, 1998
Mayor Carollo: Moved by Commissioner Plummer. Second by Commissioner Teele. If there's no further
discussion, If you could call -- oh, you've got to read the read ordinance, please.
Mr. Maxwell: Yes.
Vice Chairman Plummer: Where's Mr. Cook? Call the roll.
Mayor Carollo: Call the roll, please.
An Ordinance Entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND
USE DESIGNATION OF THE PROPERTY LOCATED AT
APPROXIMATELY 3674, 3680 AND 3690 SOUTHWEST 26TH TERRACE
AND 3675 SOUTHWEST 27fiH STREET, MIAMI, FLORIDA, FROM
DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING
FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by Commissioner Teele, and was passed in first
reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner 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.
37. FIRST READING ORDINANCE: AMEND ORDINANCE 11000 FROM R-2 TWO FAMILY'
RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL TO CHANGE ZONING 'ATLAS -
LOCATION: 36'74, 3680, 3690 S.W. 26 TERRACE AND'3675 S.W. 27 STREET - APPLICANT: SOL
C. MANDEL.
Vice Chairman Plummer: Six A is a companion. I move it.
Commissioner Teele: Second.
Mayor Carollo: Moved by Commissioner Plummer. Seconded by Commissioner Teele. Read the
ordinance. First reading.
Vice Chairman Plummer: Call the roll.
Mayor Carollo: Call the roll.
171 October 27, 1998
An Ordinance Entitled -
AN ORDINANCE, WITH ATTACHMENT(S), AMENDING PAGE NO. 18 OF
THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY
RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 3680, 3674 AND 3690
SOUTHWEST 26TH TERRACE, AND 3675 SOUTHWEST 27TH STREET,
MIAMI, FLORIDA, AS MORE PARTICULARLY LEGALLY DESCRIBED
ON EXHIBIT "A"; MAKING FINDINGS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by Commissioner Teele, and was passed in first
reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner 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.
Mayor Carollo: Six B, another companion one.
Vice Chairman Plummer: Move it.
Mayor Carollo: Moved by Commissioner Plummer.
Commissioner Sanchez: Second.
Mayor Carollo: Seconded by Commissioner Sanchez. Read the ordinance. Call the roll, please.
172 October 27, 1998
An Ordinance Entitled -
AN ORDINANCE, WITH ATTACHMENT, AMENDING PAGE NO. 18 OF
THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION IN ORDER TO ADD SD-19
DESIGNATED F.A.R. OVERLAY DISTRICT (F.A.R. 2.5) FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 3674 3680 AND 3690
SOUTHWEST 26TH TERRACE, 2665 SOUTHWEST 37fH AVENUE, AND
3675 SOUTHWEST 27TH STREET, MIAMI, FLORIDA, AS MORE
PARTICULARLY LEGALLY DESCRIBED ON EXHIBIT "A"; MAKING
FINDINGS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by Commissioner Sanchez, and was passed in first
reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Vice Chairman Plummer: Mr. Mayor.
Mayor Carollo: I think we have one more item that someone's here for.
Ms. Bianchino: P-Z 10.
Mayor Carollo: I believe you're here for 17 and 15. Fifteen and 17.
Ms. Slazyk: OK. Ten and 11 are City items.
Vice Chairman Plummer: Hey, come on, please. They can be deferred. Ten and 11 to put over until
November the 17th.
Ms. Slazyk: OK.
Mayor Carollo: Let see if we have time. Let's see.
39. RECONSIDER PRIOR VOTE OF ORDINANCE 1171,5 (MODIFY OFF -SITE 'PARKING
REGULATIONS FOR SD-2 ' COCONUT' GROVE CENTRAL COMMERCIAL DISTRICT' TO
INCLUDE PORTION OF ADJACENT BB/I DISTRICT OCCUPIED BY COCONUT GROVE'
PLAYHOUSE) - DIRECT CITY MANAGER TO SCHEDULE ITEM FOR NOVEMBER 17, 1998
COMMISSION MEETING - SEE LABEL 44.
Vice Chairman Plummer: Wait, wait. Hold it. Mr. Mayor, this is very important. Mr. Mayor, it has to be
done today and that is a reconsideration for the purpose of the parking in SD-2 Playhouse Parking for
reconsideration until November the 17th. I so move.
Commissioner Sanchez: Second.
Mayor Carollo: Moved and seconded. All in favor, signify by saying "aye."
173 October 27, 1998
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
The following motion was introduced by Vice Chairman Plummer, who moved its adoption:
MOTION NO.98-1082
A MOTION TO RECONSIDER PRIOR VOTE ON ORDINANCE 11715,
WHICH HAD AMENDED ORDINANCE 11000, THE ZONING
ORDINANCE, TO MODIFY OFF -SITE PARKING REGULATIONS FOR
THE SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT, TO
INCLUDE THAT PORTION OF THE ADJACENT BB/I DISTRICT
CURRENTLY OCCUPIED BY THE COCONUT GROVE PLAYHOUSE;
FURTHER DIRECTING THE MANAGER TO SCHEDULE THIS ITEM ON
THE NOVEMBER 17, 1998 COMMISSION MEETING.
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.
Mayor Carollo: OK, fifteen.
Ms. Slazyk: P-Z 15 is an amendment to the zoning ordinance, which is a first reading, to allow existing
office structures in the SD-4 district to remain -- to be able to be used for office uses. SD-4 is a marine...
Vice Chairman Plummer: First reading. I move it.
Commissioner Sanchez: Second.
Mayor Carollo: This is approved by the administration?
Ms. Slazyk: Yes.
Mayor Carollo: OK. It's been moved by Commissioner Plummer. Seconded by Commissioner Sanchez.
Read the ordinance.
Vice Chairman Plummer: Read the ordinance.
174 October 27, 1998
An Ordinance Entitled -
AN ORDINANCE AMENDING ORDINANCE 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING
ARTICLE 6, SECTION 604, SD-4 INDUSTRIAL DISTRICT, TO PERMIT
GENERAL OFFICE USE IN EXISTING OFFICE STRUCTURES;
CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Chairman Plummer, seconded by Commissioner Sanchez, and was passed in first
reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Ms. Slazyk: OK, 14 and 16 are two other City items. You want them continued?
Vice Chairman Plummer: I move to continue both.
Mayor Carollo: Excuse me, excuse me. Call the roll. Call the roll.
Vice Chairman Plummer: Fifteen, we might...
Mayor Carollo: Call the roll.
Vice Chairman Plummer: We did 15.
Ms. Slazyk: Right. Fourteen and 16 are two more of our items.
Vice Chairman Plummer: I move to continue 14 and 16 until the November 17th.
Commissioner Sanchez: Second.
Mayor Carollo: Moved and second. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
175 October 27, 1998
The following motion was introduced by Vice Chairman Plummer, who moved its adoption:
MOTION NO.98-1083
A MOTION TO CONTINUE THE FOLLOWING AGENDA ITEMS TO THE
COMMISSION MEETING (ON PLANNING AND ZONING ITEMS)
PRESENTLY SCHEDULED FOR NOVEMBER 17, 1998: PZ-14 (PROPOSED
FIRST READING ORDINANCE TO MODIFY MINIMUM YARD
REQUIREMENTS IN ZONING ORDINANCE 11000); AND PZ-16
(PROPOSED FIRST READING ORDINANCE TO AMEND ZONING
ORDINANCE 11000 TO ALLOW SALES OF FRESH FLOWERS FROM
MOBILE VENDING CARTS WITHIN DESIGNATED OPEN AREAS BY
CLASS II SPECIAL PERMIT).
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.
42. APPROVE IN PRINCIPLE COCONUT GROVE PLANNING STUDY — FOR GUIDING CITY IN
PLANNING FUTURE DEVELOPMENT AND PRESERVATION OF COCONUT GROVE AREA
DIRECT CITY MANAGER TO SCHEDULE ON AGENDA DISCUSSION OF COCONUT GROVE'
PLANNING STUDY FOR PUBLIC PARTICIPATION.
Mayor Carollo: Elizabeth, how much time do you think you might need? And I know that this has been
continued from September 28th, from what I'm seeming here.
Ms. Elizabeth Plater-Zyberk: Two minutes.
Mayor Carollo: Is that all? Go ahead.
Ms. Plater-Zyberk: This is the Coconut Grove Planning Study. My name is Elizabeth Plater-Zyberk. The
company's name is ? Plater-Zyberk. Located in the City of Miami, 1023 Southwest 25th Avenue. This is a
plan of conservation and preservation and enhancement. It was produced with a great deal of public
participation, residents and stakeholders, including numerous neighborhood meetings and public charettes.
Throughout the process it was made clear to us that the owners and users of the Coconut Grove Treasure,
Natural and Environment its resources to Stewart. There's a great fear that mental losses, quality of life,
which is already perceived to be at risk. This plan is very thorough, useful for years to come. In summary,
it describes a series of strategic actions to be taken in three categories of action. Policy, management and
design. Some examples of these suggestions. Under policy, there are suggested changes to ordinances,
including residential zoning categories in order to support neighborhoods historic, pedestrian friendly
character. Under management there's a suggestion to developing unified merchandise strategy for the
village center, develop the method of working with the County to acquire the - the required right-of-way for
completing 27th Avenue and Bird Avenue. Under design, there's a suggestion for -- to design a trolley
connection between the Metrorail and the Village Center and to design traffic palming measures for specific
neighborhood streets. These are just several of the examples. There's actually a much longer list but I
thought that this was a substitute for about 40 slides or so. Throughout the priority list, it promotes the
physical predictability in the Grove, to ensure its investment stability and long term economic health. Thank
you.
176 October 27, 1998
Vice Chairman Plummer: She was not sworn in.
Commissioner Gort: Does she have to for presentation?
Vice Chairman Plummer: Is she a lobbyist?
Commissioner Gort: No, no.
Vice Chairman Plummer: She's not a lobbyist.
Ms. Plater-Zyberk: I'm a consultant to the city.
Vice Chairman Plummer: Would you attest to raising your right hand and all that you said before this body
was true and -- so help you God.
Ms. Plater-Zyberk: I do.
Mr. Maxwell: Let the Clerk do it, J.L.
Vice Chairman Plummer: Why let the Clerk do it? He doesn't get paid extra.
Mr. Maxwell: He's a Notary.
Vice Chairman Plummer: Oh, he's a -- so am I. I'm a Notary.
Mr. Maxwell: Oh, then go right ahead.
Vice Chairman Plummer: OK. Let me tell you my concern. I don't know of an issue that comes before us
in Coconut Grove that this place isn't full to be, one way or the other. You've made your presentation. I
would like to have it again on the agenda of November the 17th to give any member of the public in
Coconut Grove, who wants to speak to the issue, for or against, to be here on the 17th. I just think it is only
right. I think that the confusion that's happened here today, I think with the problems that have been today, I
think we ought to put it over until the 17th. If you could be here fine. If not, the record is very, very replete
as to what you have said. But I'd just like to have the input from Coconut Grove. I really would. OK.
Ms. Bianchino: No problem.
Commissioner Gort: Let me ask a question. My understanding is, they had all kinds of all charettes and
public hearings and meetings and so on and there's nobody here to speak against it.
Vice Chairman Plummer: Well, I spoke to the Civic Association, privately, in my office. I spoke to the
Chamber of Commerce in my office and they agreed with me that, in the future, they won't be here just for
the purposes of a objecting. They will be here in speaking positive if they think it's good. Now, they're not
here, OK. And I'd like to afford them that opportunity to be here. If nothing more, to say we think it's a
great idea. Thank you. Goodbye. So, I'm just saying, we can accept, in principle, this which has been
presented here this evening, but I'd like it to be on November the 17th.
Commissioner Gort: Well, the only reason I'm bringing this up is, we -- I don't know what the agenda is
going to look like on the 17 but we're only going to have...
Vice Chairman Plummer: They might not show up. At least they have the opportunity.
Commissioner Gort: We're going to have one meeting only. We deferred a lot of things for the 17th.
Vice Chairman Plummer: No, we didn't defer that much. I will move that we accept, in principle, the report
made by the presenter this evening.
Ms. Bianchino: If you would pass the resolution, it approves the planning study as a guiding tool. It's not a
firm commitment. It would do exactly what you're trying to do.
177 October 27, 1998
Vice Chairman Plummer: OK. That's fine. That's fine.
Commissioner Gort: Second.
Mayor Carollo: It's a motion. It's a second?
Vice Chairman Plummer: Yeah.
Mayor Carollo: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: Ayes passes.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-1084
A RESOLUTION, WITH ATTACHMENT, ACCEPTING THE COCONUT
GROVE PLANNING STUDY, ATTACHED AS `EXHIBIT A", SUBJECT TO
CERTAIN CONDITIONS, AS A GUIDING TOOL FOR THE FUTURE
DEVELOPMENT AND PRESERVATION OF THE COCONUT GROVE
AREA AS DEFINED IN THE STUDY.
(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.
Ms. Bianchino: Thank you.
Vice Chairman Plummer: I had a lot of stuff that I was going to berate the Manager with tonight but I think
we've had our plate full.
Mayor Carollo: Is there a motion for adjournment?
143. APPOINT ADOLF KING TO CODE ENFORCEMENT BOARD.
Commissioner Teele: Mr. Chairman, before you defer, I would like to bring up Item Number 21, an
appointment for Adolf King as an alternate to the Code Enforcement Board.
Mayor Carollo: There's a motion by Commissioner Teele. Second by Commissioner Regalado. All in
favor, signify by saying "aye."
178 October 27, 1998
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-1085
A RESOLUTION APPOINTING AN INDIVIDUAL AS AN ALTERNATE
MEMBER OF THE CODE ENFORCEMENT 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 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: Mr. City Attorney, give me the motion about the Playhouse Parking, please.
What is my motion?
Mr. Maxwell: You identified it only as SD-2 Playhouse Parking. I think what you're saying is, that was F-Z
1 from the October the 13th City Commission meeting and you're moving to reconsider that.
Vice Chairman Plummer: That's what I moved. I'll move it again.
Commissioner Gort: Second.
Vice Chairman Plummer: For purposes of reconsideration for the November 17th.
Mr. Maxwell: It will be noticed for November 17th.
Vice Chairman Plummer: So noted. Call the roll. All in favor.
The following motion was introduced by Vice Chairman Plummer, who moved its adoption:
MOTION NO.98-1086
A MOTION TO RECONSIDER ORDINANCE 11715 (AGENDA ITEM PZ-1
ON OCTOBER 13, 1998) WHICH HAD AMENDED ORDINANCE 11000,
THE ZONING ORDINANCE, TO MODIFY OFF -SITE PARKING
REGULATIONS FOR THE SD-2 COCONUT GROVE CENTRAL
COMMERCIAL DISTRICT, TO INCLUDE THAT PORTION OF THE
ADJACENT BB/I DISTRICT CURRENTLY OCCUPIED BY THE COCONUT
GROVE PLAYHOUSE; FURTHER DIRECTING THE MANAGER TO
SCHEDULE THIS ITEM ON THE NOVEMBER 17, 1998 COMMISSION
MEETING (FOR PLANNING AND ZONING ITEMS).
179 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. Mayor, I was going to only conclude tonight...
45. APPOINT FRANK VAN DER POST TO BAYFRONT' PARK MANAGEMENT TRUST. {
Commissioner Teele: Mr. Chairman. J.L., before you conclude, my wife has enjoyed serving on the board
of the Bayfront Trust but, in light of this current climate and the investigations, I would like to urge you,
Commissioner Plummer, as your vacant appointment, to consider the appointment of Mr. FrankVanderpost.
Vice Chairman Plummer: I so move.
Commissioner Teele: Second the motion.
Mayor Carollo: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
The following resolution was introduced by Vice Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-1087
A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE
BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
180 October 27, 1998
46. APPOINT ANSELMO ALLIEGRO TO INTERNATIONAL TRADE BOARD.
Vice Chairman Plummer: Mr. Mayor.
Commissioner Gort: Mr. Mayor, let me ask a question. I have one appointment, which is the International
Trade Board, which you need so much. Could I make it tonight?
Vice Chairman Plummer: Absolutely. Why not?
Mayor Carollo: Go ahead.
Commissioner Gort: Anselmo Alliegro for the International Trade Board.
Mayor Carollo: Motion.
Vice Chairman Plummer: Second.
Mayor Carollo: Second by Plummer. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: Passes unanimously.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-1088
A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE
INTERNATIONAL TRADE 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 Vice Chairman 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.
Mayor Carollo: Is there a motion for adjournment?
Vice Chairman Plummer: Mr. Mayor, very quickly. My patience is running very thin with the NET offices.
I have asked -- I'm going to ask that, at the latest, the December meeting-- we've asked for a review and to
take into consideration revamping the NET offices. The second thing is very, very simple and that is, Mr.
181 October 27, 1998
City Attorney and the Manager, this Commission asked for this agenda-- thank God it didn't come up -- for
an alternate for Code Enforcement, OK? So, I'm asking that those items not be forgotten and that when they
get on either the next agenda or December -- and Mr. Teele?
Commissioner Teele: Yes, sir.
Vice Chairman Plummer: Now, would you mind if I brought up the newspaper rack issue again?
Commissioner Teele: No, sir.
Vice Chairman Plummer: I would like that to be brought back on the issue of the agenda.
Mayor Carollo: OK.
48. APPOINT JORGE CALIL TO PROPERTY ASSET REVIEWCONNAffTEE'.
Commissioner Sanchez: I have one more, 24. 1 would like to reappoint GeorgeCalil to that board.
Commissioner Teele: Second.
Mayor Carollo: There's a motion. There's a second.
Commissioner Gort: Which board?
Mr. Foeman: That's property and Asset Review Committee.
Commissioner Gort: Oh, OK.
Mayor Carollo: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: Passes unanimously.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1089
A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE
PROPERTY AND ASSET REVIEW COMMITTEE 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 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.
Mayor Carollo: Is there a motion to adjourn?
182 October 27, 1998
Vice Chairman Plummer: Goodnight.
Commissioner Teele: So moved.
Mayor Carollo: Moved by Commissioner Gort. Seconded by Commissioner Regalado. All in favor,
signify by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Gort who moved its adoption:
MOTION NO.98-1090
A MOTION TO ADJOURN THE COMMISSION MEETING.
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.
Mayor Carollo: We're adjourned.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION,
THE MEETING WAS ADJOURNED AT 8:45 P.M.
MAYOR JOE CAROLLO
PRESIDING OFFICER
ATTEST:
Walter J. Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
CORN=O� ATE :�
Iq' Ib 96
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COMMISSIONER J.L. PLUMMER, JR.
VICE CHAIRMAN
183
October 27, 1998