HomeMy WebLinkAboutCC 1998-11-17 MinutesCITY OF MIAMI
COMMISSION
MINUTES
OF MEETING HELD ON November 17, 1998 (Regular Meeting)
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foema► lCity Clerk
ITEM NO.
INDEX
MINUTES OF REGULAR MEETING
November 17,1998
SUBJECT
1. PRESENTATIONS & PROCLAMATIONS
PROCLAMATION: DR. PAUL GEORGE DAY.
2. CONSENT AGENDA.
2.1 ACCEPT BID OF RICHARD' S TRACTORS &
IMPLEMENTS, INC., -- FOR PROVISION OF ONE (1) ALL
PURPOSE UTILITY TRACTOR, -- FOR DEPARTMENT OF
PARKS AND RECREATION -- AT TOTAL COST NOT TO
EXCEED $16,191 -- ALLOCATE FUNDS THEREFOR
FROM ACCOUNT CODE NO.001000.580302.6.840.
2.2 ACCEPT BID OF SIERRA COMPUTER CORP. DB/A
MICROAGE -- FOR PURCHASE OF THREE (3) LAPTOP
COMPUTERS -- FOR DEPARTMENT OF PLANNING &
DEVELOPMENT -- AT TOTAL COST NOT TO EXCEED
$11,904 -- ALLOCATE FUNDS THEREFOR FROM
ACCOUNT CODE NOS. 001000.660101.6.840 AND
110088.660103.6.840.
2.3 ACCEPT BID OF SIERRA COMPUTER CORP. DB/A
MICROAGE -- FOR PURCHASE OF TWO (2) LAPTOP
COMPUTERS -- FOR DEPARTMENT OF FIRE -RESCUE AT TOTAL COST NOT TO EXCEED $11,230 --
ALLOCATE FUNDS THEREFOR FROM THE URBAN
SEARCH AND RESCUE GRANT, ACCOUNT CODE NO.
313 826.802801.6.840.
LEGISLATION
11/17/98
DISCUSSION
1-2
11/17/98
DISCUSSION
3
11/17/98
R 98-1093
3
11/17/98
R 98-1094
4
11/17/98
R 98-1095
4
2.4 ACCEPT BID OF MBL PAVING -- (FOR PROVISION OF 11/17/98
ASPHALT PAVING AT KENNEDY AND MORNINGSIDE R 98-1096
PARKS -- FOR DEPARTMENT OF PARKS AND 4
RECREATION -- TOTAL COST NOT TO EXCEED $33,200
-- ALLOCATE FUNDS THEREFOR FROM THE SAFE
NEIGHBORHOOD PARK BOND FUNDS, CAPITAL
IMPROVEMENT PROJECT NOS. 331313 AND 333112.
2.5 ACCEPT BID OF VENECON, INC., -- IN PROPOSED 11/17/98
AMOUNT OF $320,075 --FOR PROJECT ENTITLED R 98-1097
"MORNINGSIDE GUARDHOUSES, B-4609"; -- 5
ALLOCATING FUNDS THEREFOR FROM PROJECT NO.
341204.
2.6 ACCEPT BID OF TOTAL CONSTRUCTION AND 11/17/98
MAINTENANCE, INC. -- IN PROPOSED AMOUNT OF R 98-1098
$16,894 - FOR PROJECT ENTITLED "MIAMI RIVERSIDE 5
CENTER 4TH FLOOR REMODELING (FINANCE' S
ADDITIONAL CASHIER, PROJECT NO. 311606" -- FOR
DEPARTMENT OF FINANCE -- ALLOCATING FUNDS
THEREFOR FROM CAPITAL IMPROVEMENT PROGRAM
FUNDS, PROJECT NO. 311606, ACCOUNT CODE NO.
311606.269301.860 AS APPROPRIATED BY THE FISCAL
YEAR 1998-99 CAPITAL IMPROVEMENT ORDINANCE
NO. 11705.
2.7 ACCEPT GRANT FROM FLORIDA DEPARTMENT OF 11/17/98
JUVENILE JUSTICE IN THE AMOUNT OF $76,992. R 98-1099
5
2.8 ACCEPT ENVIRONMENTAL JUSTICE GRANT FROM 11/17/98
THE UNITED STATES ENVIRONMENTAL PROTECTION R 98-1100
AGENCY IN THE AMOUNT OF $77,134 -- FOR 6
PURPOSES SPECIFIED HEREIN.
2.9 ACCEPT RECOMMENDATION OF CITY MANAGER TO 11/17/98
APPROVE FINDINGS OF EVALUATION COMMITTEE R 98-1101
THAT THE MOST QUALIFIED FIRMS, TO PROVIDE AND 6
ADMINISTER PROMOTIONAL EXAMINATION
PROCESSES FOR POLICE LIEUTENANT FOR THE
DEPARTMENT OF HUMAN RESOURCES ARE: 1) SHL
LANDY JACOBS, INC., AND 2) BARRETT AND
ASSOCIATES, INC. --; ALLOCATE $75,000 THEREFOR
FROM THE DEPARTMENT OF POLICE GENERAL
OPERATING BUDGET, ACCOUNT CODE NO.
001000.290201.6.2 70.
2.10
AUTHORIZE CITY MANAGER TO ACCEPT DONATION
11/17/98
FROM THE METROPOLITAN MIAMI FLOWER SHOW,
R 98-1102
INC., CONSISTING OF IMPROVEMENTS TO CHARLES
7
TORREY SIMPSON MEMORIAL GARDEN CENTER
LOCATED IN SIMPSON PARK, 55 SW 17TH ROAD,
MIAMI, FLORIDA, WITH AN ESTIMATED VALUE OF
$54,600.
2.11
APPROVE CITY OF MIAMI'S MEMBERSHIP IN THE
11/17/98
MIAMI-DADE COUNTY FLORIDA LEAGUE OF CITIES --
R 98-1103
AUTHORIZE PAYMENT OF ANNUAL MEMBERSHIP
7
DUES, IN THE AMOUNT OF $11,096.80, -- FOR PERIOD
OF OCTOBER 1, 1998 THROUGH SEPTEMBER 30,199 --;
ALLOCATE FUNDS THEREFOR FROM SPECIAL
PROGRAMS AND ACCOUNTS, ACCOUNT CODE NO.
920204.760.
2.12
DESIGNATE ARMANDO J. BUCELO, SR. AND
11/17/98
ARMANDO J. BUCELO, JR. AS THE CITY OF MIAMI'S
R 98-1104
OFFICIAL AMBASSADORS FOR THE GAME OF CHESS.
7-8
3.
(A) DIRECT CITY MANAGER TO LIST MAYORAL
11/17/98
VETOES AS FIRST ITEMS ON AGENDA.
M 98-1105
(B) DEFER CONSIDERATION OF AGENDA ITEM 14
8-9
(PROPOSED ORDINANCE AMENDING CODE IN
CONNECTION WITH UNITY COUNCIL OF MIAMI-
TUCOM).
4.
OFFICIALLY ACCEPT MIAMI-DADE COUNTY
11/17/98
CANVASSING BOARD'S CERTIFICATION AND
R 98-1106
DECLARATION OF RESULTS OF SPECIAL MUNICIPAL
9-10
ELECTION HELD ON NOVEMBER 3, 1998 -- IN WHICH
CHARTER AMENDMENT TO MODIFY PROVISIONS
REGARDING DISPOSITION OF CITY -OWNED
PROPERTY WAS DISAPPROVED.
5.
WAIVE PROHIBITION SET FORTH IN SECTION 2-612 OF
11/17/98
CODE WHEREBY CITY EMPLOYEE IS PROHIBITED
R 98-107
FROM TRANSACTING BUSINESS WITH THE CITY --
10-13
APPROVE MR. ROBERTO GONZALEZ, AN EMPLOYEE
OF PARKS AND RECREATION TO PARTICIPATE IN
CITY OF MIAMI COMMUNITY DEVELOPMENT BLOCK
GRANT ("CDBG") ASSISTED SINGLE FAMILY
REHABILITATION LOAN PROGRAM ADMINISTERED
BY COMMUNITY DEVELOPMENT. - DIRECT CITY
ATTORNEY AND CITY MANAGER TO ENCOURAGE
EMPLOYEES TO LIVE WITHIN CITY BY REPEALING
CODE PROHIBITION.
6.
AUTHORIZE DONATION OF ARCHITECTURAL PLANS
11/17/98
FROM SOUTH FLORIDA SUPER BOWL HOST
R 98-1108
COMMITTEE — FOR CONSTRUCTION OF TENNIS
13-15
CENTER BUILDING AT MOORE PARK — FURTHER
AUTHORIZE EXECUTION OF AGREEMENT WITH
GREATER MIAMI TENNIS FOUNDATION AND BOYS
AND GIRLS CLUB OF MIAMI — FOR PROVISION OF
RECREATIONAL PROGRAMS AT MOORE PARK.
7.
APPROVE SPECIAL PROJECTS GRANT APPLICATIONS
11/17/98
($3,365,900) AND CHALLENGE GRANT APPLICATIONS
R 98-1109
($1,793,900) — FOR SAFE NEIGHBORHOOD PARKS
15-17
BOND PROGRAM, BOND SERIES 1998 (YEAR TWO
FUNDING).
8.
AMEND ARTICLE IV, CHAPTER 54, OF CODE BY
11/17/98
AMENDING SECTION 54-124 ENTITLED: "NAMES OF
ORDINANCE
AVENUES" -- BY CHANGING NAME OF SOUTHWEST 1
11720
AVENUE BETWEEN SOUTHWEST 13 STREET AND
17-18
SOUTHWEST 15 ROAD TO BRICKELL WAY.
9.
PERSONAL APPEARANCE: MR. JOHN BRENNAN —
11/17/98
AUTHORIZE CITY MANAGER AND CITY ATTORNEY
M 98-1110
TO ALLOW TENANTS AT DINNER KEY BOATYARD
18-28
FACILITY TO REMAIN WITH CONDITIONS — FURTHER
INSTRUCTING CITY ATTORNEY TO PROCEED WITH
WRIT OF POSSESSION.
10.
PERSONAL APPEARANCE: MS. OLGA M. FRAGA,
11/17/98
EXECUTIVE DIRECTOR OF THE COCONUT GROVE
R 98-1111
CHAMBER OF COMMERCE -- GRANT WITH
28-29
CONDITIONS REQUEST FROM COCONUT GROVE
CHAMBER OF COMMERCE TO SELL ALCOHOLIC
BEVERAGES AT TASTE OF THE GROVE EVENT
SCHEDULED FOR JANUARY 23-24, AT PEACOCK AND
MYERS PARKS.
11.
AMEND CHAPTER 2, ARTICLE IV, DIVISION 2 (2-207(a)),
11/17/98
OF CODE AS AMENDED, ENTITLED
ORDINANCE
"ADMINISTRATION, DEPARTMENTS, PLANNING,
11721
BUILDING AND ZONING DEPARTMENT" -- TO
29-30
ESTABLISH INSPECTION AND SERVICE FEES FOR
TRANSFERS OR CHANGES OF NAMES FOR
CERTIFICATES OF USE.
12. AMEND CHAPTER 2/ARTICLES X. AND XI., (2-811, 2-
812, and 2-892) OF CODE, ENTITLED
"ADMINISTRATION/CODE ENFORCEMENT AND
BOARDS, COMMITTEES, COMMISSIONS" -- TO ALLOW
CITY COMMISSION TO CREATE ADDITIONAL CODE
ENFORCEMENT BOARDS. — DIRECT CITY ATTORNEY
TO PROVIDE WRITTEN OPINION ON ADMINISTRATIVE
COST OF PROPOSED CODE ENFORCEMENT BOARD —
DIRECT CITY MANAGER TO PROVIDE COST
STATEMENT AND METHODOLOGY TO COST
CREATION OF PROPOSED BOARD — FURTHER
DIRECTING MANAGER TO IDENTIFY FUNDING
SOURCE FOR SAID BOARD.
13. (A) PERSONAL APPEARANCE BY MEMBERS OF CODE
ENFORCEMENT BOARD. — DIRECT CITY MANAGER TO
TRANSFER DEBT COLLECTION FUNCTION FROM
CODE ENFORCEMENT TO NEWLY HIRED DEBT
COLLECTION AGENCY — FURTHER DIRECTING
COUNSEL TO CODE ENFORCEMENT BOARD TO
COLLECT WITHOUT EXCEPTION ADMINISTRATIVE
COSTS BASED ON CITY MANAGER'S COST
ALLOCATIONS.
(B) DISCUSS EFFECTIVENESS OF CODE
ENFORCEMENT — DIRECT CITY MANAGER TO STUDY
ISSUE OF CODE ENFORCEMENT EFFECTIVENESS.
14. APPROVE WITH MODIFICATIONS FIRST READING
ORDINANCE AMENDING CHAPTER 2/ ARTICLE XI (2-
1150-2-1153, 2-892) OF CODE ENTITLED "
ADMINISTRATIONBOARDS, COMMITTEES,
COMMISSIONS" TO ESTABLISH COMMUNITY
RELATIONS BOARD.
15. AMEND CHAPTER 2, ARTICLE II, OF CODE AS
AMENDED, ENTITLED: "MAYOR AND CITY
COMMISSION" -- AMEND SECTION 2-33(e)
CONCERNING POCKET ITEMS, TO PROVIDE THAT
LEGISLATION ASSOCIATED WITH SUCH ITEMS BE
PRESENTED AND REVIEWED BY CITY MANAGER AND
CITY ATTORNEY IN ADVANCE OF MEETING AT
WHICH ITEM WILL BE PRESENTED.
11/17/98
ORDINANCE
11722
30-38
11/17/98
DISCUSSION
38-47
11/17/98
FIRST READING
ORDINANCE
48
11/17/98
ORDINANCE
11723
56-57
1.6. AMEND CHAPTER 2, ARTICLE II, OF CODE AS
AMENDED, ENTITLED "MAYOR AND CITY
COMMISSION" -- BY AMENDING SECTION 2-330)
CONCERNING CALLING OF SPECIAL CITY
COMMISSION MEETINGS -- TO PROVIDE THAT
SPECIAL MEETING MAY BE CALLED UPON WRITTEN
REQUEST TO THE CITY CLERK BY EITHER THE
MAYOR, OR THE PRESIDING OFFICER OF THE
COMMISSION, OR THREE COMMISSIONERS.
17. AMEND CHAPTER 10, ARTICLE I, OF CODE ENTITLED
"BUILDINGS/ IN GENERAL" -- WHICH SETS FORTH
FEES FOR BUILDING, PLUMBING, ELECTRICAL,
MECHANICAL, (INCLUDING BOILER AND ELEVATOR)
INSPECTION, PERMIT AND CERTIFICATE FEES -- TO
MODIFY FEES FOR CONSTRUCTION DEBRIS
REMOVAL AND PROVIDE FOR EXEMPTIONS.
18. AMEND CHAPTER 18, ARTICLE III, OF CODE
ENTITLED: "FINANCE/PURCHASING AND CONTRACTS
GENERALLY" -- TO ALLOW CITY TO ACCEPT
COMPETITIVE BID WHICH HAS BEEN SECURED BY OR
ON BEHALF OF ANY FEDERAL, STATE, COUNTY, OR
MUNICIPAL GOVERNMENT, OR FROM ANY OTHER
GOVERNMENTAL ENTITY AND NOT -FOR -PROFIT
ORGANIZATIONS -- FURTHER EXEMPTING CITY OF
MIAMI FROM ALL COMPETITIVE BIDDING
PROCEDURES WHEN CITY ENTERS INTO AN
AGREEMENT WITH OTHER GOVERNMENTAL
AGENCIES OR STATE FUNDED INSTITUTIONS FOR
PURCHASE OR ACQUISITION OF NECESSARY
SUPPLIES AND/OR SERVICES - DIRECT CITY
MANAGER TO TRACK COST SAVINGS PER YEAR
BASED ON SAID ORDINANCE.
19. (A) MODIFY PROPOSED ANTI -DEFICIENCY
ORDINANCE TO STIPULATE THAT DEPARTMENTS BE
ALLOWED TO TRANSFER $5,000 FROM ONE MINOR
OBJECT CODE TO ANOTHER PROVIDED SAID
TRANSFER IS REPORTED TO CITY COMMISSION.
(B) AMEND CHAPTERS 2 AND 18 OF CODE AS
AMENDED, BY ENACTING ANTI -DEFICIENCY ACT --
TO SET FORTH REGULATIONS TO ENSURE THAT
DEPARTMENTS AND DEPARTMENT DIRECTORS WITH
AUTHORITY TO DIRECT OBLIGATION OR
DISBURSEMENT OF CITY FUNDS DO NOT EXPEND
FUNDS IN EXCESS OF THOSE APPROVED IN DULY
ADOPTED BUDGET.
11/17/98
ORDINANCE
11724
57-58
11/17/98
ORDINANCE
11725
58-59
11/17/98
ORDINANCE
11726
59-60
11/17/98
M 98-1112
ORDINANCE
11727
61-69
20.
BRIEFLY DISCUSS / REQUEST THAT MEMBERS OF
11/17/98
ORANGE BOWL COMMITTEE BE PRESENT DURING
DISCUSSION
AFTERNOON SESSION TO FURTHER DISCUSS ITEM
69
32A (APPROVING USE OF ORANGE BOWL STADIUM
FOR FED -EX ORANGE BOWL GAME ON JANUARY 2,
1999).- SEE LABEL 38.
21.
DISCUSS STATUS REPORT FROM NOISE ABATEMENT
11/17/98
COMMITTEE - PERSONAL APPEARANCE: CAPTAIN
DISCUSSION
PATRICK MCCOY - DIRECT CITY MANAGER TO
69-71
LOBBY MIAMI DADE COUNTY FOR NOISE
DETECTORS TO MONITOR NOISE FROM AIRPLANES IN
CITY OF MIAMI.
22.
CITY MANAGER TO CHANGE COMMENTS APPEARING
11/17/98
OVER CABLE TELEVISION (TV) NET 9 REGARDING
DISCUSSION
MIAMI TELECOMMUNICATIONS, INC. (TCI).
71
23.
APPROVE SECOND READING ORDINANCE
11/17/98
ESTABLISHING NEW SPECIAL REVENUE FUND
ORDINANCE
ENTITLED: "MIAMI LOVE YOUTH AT RISK PROJECT"--
11728
APPROPRIATING FUNDS FOR SAID PROJECT IN
71-72
AMOUNT OF $313,900 -- CONSISTING OF 1998
LEGISLATIVE LINE ITEM GRANT TO BE
ADMINISTERED BY THE FLORIDA DEPARTMENT OF
JUVENILE JUSTICE.
24.
APPROVE SECOND READING ORDINANCE AMENDING
11/17/98
SECTION 40-250 OF CODE, ENTITLED "RIGHT OF
ORDINANCE
CERTAIN PERSONS TO REJECT MEMBERSHIP" AS IT
11729
RELATES TO CITY OF MIAMI GENERAL EMPLOYEES'
72-73
AND SANITATION EMPLOYEES' RETIREMENT TRUST
("GESE TRUST") -- PROVIDING THAT: (1) ASSISTANT
CITY MANAGERS AND ASSISTANTS TO THE CITY
MANAGER SHALL PARTICIPATE IN 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.
25.
ESTABLISH MONEY PURCHASE RETIREMENT PLAN
11/17/98
FOR ASSISTANT CITY MANAGERS AND ASSISTANTS
R 98-1113
TO THE CITY MANAGER, AS SET FORTH IN THE
73-74
ATTACHED ICMA PROTOTYPE MONEY PURCHASE
PLAN AND TRUST (THE "PLAN") AND THE
DECLARATION OF TRUST — PROVIDE FOR EXECUTION
OF ADOPTION AGREEMENT -- APPOINT LABOR
RELATIONS OFFICER AS PLAN COORDINATOR.
26.
TABLE CONSIDERATION OF ITEM 19 (EXPIRATION
11/17/98
DATE FOR TERMS OF OFFICE OF THE DOWNTOWN
R 98-1114
DEVELOPMENT AUTHORITY) TO LATER IN SESSION --
74-75
AUTHORIZE FEE PAYMENT TO LAW FIRM OF ZACK
KOSNITKY — FOR LEGAL COUNSEL TO MIAMI'S
SINGLE MEMBER DISTRICT BLUE RIBBON
COMMITTEE — ALLOCATE $23,665.48 FROM ACCOUNT
920205-250 — SEE LABEL 28.
27.
DEFER CONSIDERATION OF AGENDA ITEM 22
11/17/98
(PROPOSED AGREEMENT WITH ANCHOR MARINE OF
M 98-1115
MIAMI, INC. — FOR USE OF CITY PROPERTY AT 971
75-76
N.W. 7 STREET) TO NEXT COMMISSION MEETING.
28.
FIRST READING ORDINANCE AMENDING SECTION 14-
11/17/98
52(c) OF CODE TO ESTABLISH EXPIRATION DATE FOR
FIRST READING
TERMS OF OFFICE FOR MEMBERS OF BOARD OF
ORDINANCE
DIRECTORS OF DOWNTOWN DEVELOPMENT
76-77
AUTHORITY —SEE LABEL 26.
29.
FIRST READING ORDINANCE AMENDING CHAPTER 2,
11/17/98
ARTICLE XI, OF CODE ENTITLED
FIRST READING
"ADMINISTRATIONBOARDS, COMMITTEES,
ORDINANCE
COMMISSIONS," AND CHAPTER 14, ARTICLE V,
77-80
ENTITLED "DOWNTOWN DEVELOPMENT /
SOUTHEAST OVERTOWN / PARKWEST
REDEVELOPMENT DISTRICT AND COMMUNITY
REDEVELOPMENT AGENCY", -- TO ESTABLISH THE
INDEPENDENT COMMUNITY REDEVELOPMENT
AGENCY POLICY PROGRAM AND PROCEDURES
REVIEW COMMITTEE -- FURTHER REQUESTING TO
INCLUDE FINDINGS OF US DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT OFFICE OF INSPECTOR
GENERAL FOR AUDIT ISSUED MARCH 26, 1998 AND
SEPTEMBER 22, 1998 MEMORANDUM FROM
DIRECTOR OF COMMUNITY DEVELOPMENT. —
FURTHER ADDRESSING APPOINTMENT TERMS FOR
COMMITTEE MEMBERS.
30. RATIFY CITY MANAGER'S FINDING OF EMERGENCY
SITUATION AND THAT THERE IS ONLY ONE
REASONABLE PROVIDER OF THE REQUIRED
SERVICES AT THIS TIME -- APPROVE CONSTRUCTION
OF PORTABLE STAGE, IN AMOUNT OF $75,000, BY RJB
BUILDERS CORPORATION (RJB) -- AT MILDRED AND
CLAUDE PEPPER BAYFRONT PARK (BAYFRONT PARK)
-- ALLOCATE FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROGRAM FUNDS, `BAYFRONT PARK
IMPROVEMENTS", PROJECT NO. 331401.
31. TABLE CONSIDERATION OF AGENDA ITEM 24
(AUTHORIZING THE BAYFRONT PARK
MANAGEMENT TRUST ("TRUST") TO EXECUTE AN
AGREEMENT WITH BAYFRONT VENTURES, INC. TO
OPERATE A VALET PARKING CONCESSION IN THE
MILDRED AND CLAUDE PEPPER BAYFRONT PARK)
AND AGENDA ITEM 25 ( ACCEPT BID OF HARLEY
DAVIDSON OF SEMINOLE FOR LEASE OF
MOTORCYCLES FOR POLICE) TO LATER IN SESSION -
SEE LABELS 46 AND 85.
32. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM
26 (ACCEPTING BID OF INTEGRATED CLEANING
SYSTEMS -- FOR LEASE OF AUTOMATED CAR WASH
SYSTEM -- FOR SIXTY (60) MONTHS -- FOR
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION) TO NEXT COMMISSION MEETING
- DIRECT CITY MANAGER TO CREATE VOUCHER
SYSTEM TO WASH CARS.
33. APPROVE PROCUREMENT OF GASOLINE AND DIESEL
FUEL ON SPOT MARKET BASIS FROM VENDORS
LISTED -- FOR GENERAL SERVICES ADMINISTRATION
-- ALLOCATE $660,116 THEREFOR FROM
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, HEAVY EQUIPMENT GARAGE,
ACCOUNT CODE NO. 509000.420901.6.715.
34. DEFER CONSIDERATION OF AGENDA ITEM 28
(ESTABLISHING A MONEY PURCHASE RETIREMENT
PLAN FOR THE CITY ATTORNEY, AS SET FORTH IN
THE ATTACHED ICMA PROTOTYPE MONEY
PURCHASE PLAN AND TRUST) TO COMMISSION
MEETING OF DECEMBER 8, 1998 - FURTHER
REQUESTING THAT AN ATTORNEY OTHER THAN
AFFECTED ATTORNEY SIGN OFF ON THIS MATTER. -
SEE LABEL 86.
11/17/98
R 98-1116
80-82
11/17/98
DISCUSSION
82
11/17/98
M 98-1117
82-87
11/17/98
R 98-1118
87-88
11/17/98
M 98-1119
88-90
35. AUTHORIZE CITY MANAGER TO EXECUTE JOINT
11/17/98
PARTICIPATION AGREEMENT WITH FLORIDA
R 98-1120
DEPARTMENT OF TRANSPORTATION, -- FOR GRANT
90-92
FUNDING ASSISTANCE, IN AMOUNT OF $3,200,419 --
FOR CONSTRUCTION OF THE WATSON ISLAND
AVIATION AND VISITORS CENTER -- CAPITAL
IMPROVEMENT PROGRAM PROJECT NO. 344101.
36. AUTHORIZE CITY MANAGER TO ISSUE REQUEST FOR
11/17/98
PROPOSALS (RFP) -- FOR PROVISION OF WORKERS'
R 98-1121
COMPENSATION CLAIMS ADMINISTRATION
93
SERVICES -- FOR RISK MANAGEMENT.
37. AUTHORIZE CITY MANAGER TO EXECUTE INTER-
11/17/98
LOCAL AGREEMENT WITH MIAMI-DADE COUNTY, TO
R 98-1122
COMPLETE ENVIRONMENTAL ENHANCEMENT AND
93-96
MANGROVE RESTORATION WORK ON VIRGINIA KEY,
-- AT COST NOT TO EXCEED $65,000 -- TO BE PAID BY
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION.
38. DEFER TO LATER IN SESSION CONSIDERATION OF 11/17/98
AGENDA ORANGE BOWL STADIUM BY THE ORANGE DISCUSSION
BOWL COMMITTEE FOR PRESENTATION OF THE FED- 96-100
EX ORANGE BOWL GAME ON JANUARY 2, 199)--
DESIGNATE VICE CHAIRMAN PLUMMER TO
NEGOTIATE WITH ORANGE BOWL COMMITTEE
REGARDING SAID ITEM. - SEE LABELS 20 AND 83.
39. BRIEF DISCUSSION REGARDING COST AND TIME 11/17/98
ELEMENT OF DOING POLICE/FIRE OPERATIONAL DISCUSSION
REVIEW ASSISTANCE ON THE STRATEGIC PLAN. 100-101
40. DISCUSS NOISE COMING FROM SLOPPY JOE'S BAR 11/17/98
LOCATED AT 3131 COMMODORE PLAZA. DISCUSSION
101-102
41. REFER TO STREET CODESIGNATION REVIEW 11/17/98
COMMITTEE DESIGNATION OF A STREET OR AVENUE M 98-1123
WITH THE NAME OF PINAR DEL RIO WAY. 102-104
42. DISCUSS ACTIONS TAKEN TO CORRECT BILLING OF 11/17/98
FIRE FEES. DISCUSSION
104
43. DEFER TO DECEMBER 8, 1998 CONSIDERATION OF 11/17/98
AGENDA ITEM 39A (ESTABLISH AFFILIATE OF KEEP DISCUSSION
FLORIDA BEAUTIFUL WITHIN CITY). 104-105
44. DEFER TO MEETING OF DECEMBER 8, 1998 11/17/98
CONSIDERATION OF AGENDA ITEM 39B (STATUS OF DISCUSSION
DISPUTE BETWEEN CITY AND PAN AM AIR BRIDGE). 105
45. DEFER TO MEETING OF DECEMBER 8, 1998 11/17/98
CONSIDERATION OF AGENDA ITEM 38 (DISCUSSION DISCUSSION
REGARDING RODENT CONTROL IN CITY). - DIRECT 106
CITY MANAGER TO PROVIDE REPORT BY DECEMBER
8, 1998 REGARDING RODENT INFESTATION AT BOYS
AND GIRLS CLUB.
46. AUTHORIZE AGREEMENT WITH BAYFRONT 11/17/98
VENTURES, INC. -- FOR VALET PARKING AT MILDRED R 98-1124
AND CLAUDE PEPPER PARK - SEE LABEL 31. 106-107
47. APPOINT MIRTHA GUERRA AND RICHARD
11/17/98
BERCOWITZ TO MIAMI AUDIT ADVISORY
M 98-1125
COMMITTEE FOR TERMS AS DESIGNATED HEREIN -
107-108
SEE LABEL 62.
48. DEFER APPOINTMENTS TO LATIN QUARTER REVIEW
11/17/98
BOARD TO DECEMBER 8, 1998.
DISCUSSION
108
49. DEFER APPOINTMENTS TO LATIN QUARTER REVIEW
11/17/98
BOARD TO DECEMBER 8, 1998.
DISCUSSION
108-109
50. DEFER TO DECEMBER 12, 1998 APPOINTMENTS TO 11/17/98
COCONUT GROVE PARKING ADVISORY COMMITTEE. DISCUSSION
109
51. APPOINT ROSA ARMESTO TO COMMISSION ON THE 11/17/98
STATUS OF WOMEN FOR TERMS AS DESIGNATED R 98-1126
HEREIN. 109-110
52. DEFER TO DECEMBER 8, 1998, APPOINTMENTS TO 11/17/98
MIAMI STREET CODESIGNATION REVIEW DISCUSSION
COMMITTEE FOR A TERM AS DESIGNATED HEREIN. 110
53. APPOINT STUART SORG / RICK RUIZ / ERNIE MARTIN 11/17/98
TO WATERFRONT ADVISORY BOARD. R 98-1127
110-111
54. DISCUSS APPOINTMENTS TO CITYWIDE COMMUNITY 11/17/98
DEVELOPMENT ADVISORY BOARD - SEE LABEL 49. DISCUSSION
111-112
55. APPOINT DARRYL SHARPTON TO OCCUPATIONAL 11/17/98
LICENSE EQUITY STUDY COMMISSION R 98-1128
("COMMISSION") FOR TERMS AS DESIGNATED 112-113
HEREIN.
56. APPOINT ALAN MORLEY TO CITY OF MIAMI 11/17/98
AFFIRMATIVE ACTION ADVISORY BOARD FOR R 98-1129
TERMS AS DESIGNATED HEREIN. 113-114
57. DEFER TO DECEMBER 8, 1998, APPOINTMENTS TO 11/17/98
HEALTH FACILITIES AUTHORITY. DISCUSSION
114-115
58. DEFER TO DECEMBER 8, 1998 APPOINTMENTS TO 11/17/98
AFFORDABLE HOUSING ADVISORY BOARD FOR DISCUSSION
TERMS AS DESIGNATED HEREIN. 114-115
59. CONFIRM JIMMY MORALES TO DOWNTOWN 11/17/98
DEVELOPMENT AUTHORITY FOR TERM AS R 98-1130
DESIGNATED HEREIN. 115-116
60. APPOINT CERTAIN INDIVIDUALS TO SERVE AS 11/17/98
REGULAR MEMBERS AND ONE ALTERNATE MEMBER R 98-1131
OF THE URBAN DEVELOPMENT REVIEW BOARD 116-118
(UCHE / BERMELLO / JUDSON).
61. APPOINT CERTAIN INDIVIDUALS AS REGULAR 11/17/98
MEMBERS AND AS AN ALTERNATE MEMBER OF THE R 98-1132
PLANNING ADVISORY BOARD - DIRECT CITY CLERK 118-120
TO READVERTISE USING HISPANIC AND BLACK
NEWSPAPERS.
62. APPOINT MIRTHA GUERRA / RICHARD BERKOWITZ / 11/17/98
JERRY KETCHNER / KIM GRIFFIN TO MIAMI AUDIT R 98-1133
ADVISORY COMMITTEE. 120-121
63. DEFER APPOINTMENTS TO ZONING BOARD. 11/17/98
DISCUSSION
121
64. CONFIRM ADOLPH KING JR. TO CODE ENFORCEMENT 11/17/98
BOARD. M 98-1134
121-123
65. APPOINT JULIO GONZALEZ REBULL TO MIAMI 11/17/98
SPORTS AND EXHIBITION AUTHORITY. R 98-1135
123-124
66. (A) SCHEDULE FOR COMMISSION MEETING OF 11/17/98
DECEMBER 8, 1998 DISCUSSION CONCERNING DISCUSSION
VACANCIES IN MIAMI SPORTS AND EXHIBITION 124-125
AUTHORITY BOARD.
(B) SCHEDULE APPOINTMENTS FOR BAYFRONT
MANAGEMENT TRUST FOR NEXT MEETING.
67. WAIVE REQUIREMENTS OF CODE IN SECTION 2-884 11/17/98
FOR BILL BAYER AS MEMBER OF MIAMI SPORTS AND R 98-1136
EXHIBITION AUTHORITY. 125
68. ANNOUNCE MEETING OF BRICKELL HOMEOWNERS' 11/17/98
ASSOCIATION AT SYLVESTER STALLONE'S DISCUSSION
RESIDENCE. 125
69. ANNOUNCE RE-ELECTION OF DR. SOLOMON STINSON 11/17/98
AS SCHOOL BOARD CHAIRMAN. DISCUSSION
126
70. DESIGNATE COMMISSIONER SANCHEZ AS CITY'S 11/17/98
LIAISON TO LOBBY IN TALLAHASSEE - DIRECT CITY M 98-1137
MANAGER TO PRESENT LEGISLATIVE PRIORITY 127-128
PACKAGE FOR COMMISSION CONSIDERATION AT
DECEMBER 8, 1998 COMMISSION MEETING.
71. DISCUSS REDUCING RENTAL OF COCONUT GROVE 11/17/98
EXHIBITION CENTER FOR PARTNERSHIP DISCUSSION
THANKSGIVING LUNCHEON. 128-129
72. DIRECT CITY ATTORNEY TO DRAFT LEGISLATION 11/17/98
WAIVING TEN PERCENT TICKET SURCHARGE FOR M 98-1138
NON-PROFIT ORGANIZATIONS HOLDING EVENTS AT 129-130
MANUEL ARTIME CENTER.
73. DIRECT CITY ATTORNEY TO PREPARE LEGISLATION 11/17/98
FOR PROPOSED CHARTER AMENDMENT PROVIDING DISCUSSION
FOR COMPTROLLER GENERAL / SEVEN MEMBER 130-132
DISTRICT COMMISSION BY 2001 -/ MORATORIUM ON
CITY COMMISSION STAFF SALARIES TO 1995 LEVELS /
INCREASE TO CITY COMMISSIONERS' SALARY TO
$18,000 / OFF STREET PARKING TO BECOME CITY
DEPARTMENT - FURTHER INCREASING BOARD
MEMBERS TO SEVEN.
74. (A) DISCUSSION REGARDING LACK OF CITY 11/17/98
REPRESENTATION IN PUBLIC COURT ACTIONS DISCUSSION
CONCERNING MIAMI LIMITED. 133-135
(B) DIRECT CITY ATTORNEY TO PREPARE
LEGISLATION FOR DECEMBER 8, 1998 COMMISSION
MEETING REQUIRING SCHEDULED PUBLIC HEARINGS
FOR ALL RELOCATED/REPROGRAMMED U.S. HUD
FUNDS.
(C) DIRECT ADMINISTRATION TO PREPARE REPORT
DUE TEN DAYS PRIOR TO DECEMBER 8, 1998,
COMMISSION MEETING, DESCRIBING LEGAL
REQUIREMENTS FOR CITY'S SUB -RECIPIENTS OF U.S.
HUD FUNDS PURSUANT TO MULTIFAMILY AND
COMMERCIAL REHABILITATION PROJECTS --
FURTHER REQUESTING CERTIFICATION THAT SAID
PROJECTS ARE IN COMPLIANCE.
(D) DIRECT ADMINISTRATION TO PREPARE REPORT
DUE TEN DAYS PRIOR TO DECEMBER 8, 1998
COMMISSION MEETING, DESCRIBING US HUD
CRITERIA FOR HISTORIC PRESERVATION.
75. APPROVE WITH CONDITIONS TEMPORARY 11/17/98
OPERATION OF FLEA MARKET BY C.C.A.L. R 98-1139
CORPORATION AT 1480 NORTHWEST NORTH RIVER 135-137
DRIVE (MAHI SHRINE PROPERTY).
76. ACCEPT GRANT FOR GANG REDUCTION ACTIVITIES 11/17/98
AND SPORTS PROGRAM (GRASP) - SEE LABEL 80. M 98-1140
137-138
77. APPROVE NICARAGUAN RELIEF FOUNDATION 11/17/98
PUBLIC PRAYER EVENT - FOR VICTIMS OF R 98-1141
HURRICANE MITCH - AT ORANGE BOWL - FURTHER 138-140
STIPULATING TO WAIVE PARKING LOT FEE.
78. ESTABLISH $5,000 CAP -- FOR USE FEE OF ORANGE 11/17/98
BOWL - FOR 1998 MIAMI ORIGINAL BATTLE OF THE R 98-1142
BANDS - SCHEDULED FOR DECEMBER 6, 1998. 140-141
79. ACCEPT DONATION OF MOSAIC BY XAVIER 11/17/98
CORTADA (REPLICA OF GENEVA AIDS MURAL BY R 98-1143
PIZAZO). 141-144
80. EMERGENCY ORDINANCE ESTABLISHING INITIAL 11/17/98
RESOURCES FOR SPECIAL REVENUE FUND ENTITLED ORDINANCE
GANG REDUCTION ACTIVITIES AND SPORTS 11730
PROGRAM - INCREASE APPROPRIATIONS TO FUND 144-145
BY $178,136 AS GRANT FROM MIAMI-DADE COUNTY --
SEE LABEL 76.
81. DISCUSSION REGARDING INCREASE IN WATER AND 11/17/98
SEWER FEE TO CITY RESIDENTS. DISCUSSION
146
82. APPROVE PURCHASE OF JOHN DEERE WHEEL 11/17/98
TRACTORS FROM JOHN DEERE COMPANY - R 98-1144
ALLOCATE $32,537.88 FROM CAPITAL IMPROVEMENT 146-147
PROJECT 341171.
83. APPROVE USE AGREEMENT FOR ORANGE BOWL 11/17/98
STADIUM BY ORANGE BOWL COMMITTEE - FOR FED- R 98-1145
EX ORANGE BOWL GAME ON JANUARY 2, 1998 - SEE 147-149
LABELS 20 AND 38.
84. COMMENTS REGARDING NEED FOR ASSISTANT CITY 11/17/98
MANAGER RAUL MARTINEZ TO MEET WITH DISCUSSION
DIRECTOR OF OFF STREET PARKING - FURTHER 149
COMMENTING ON NEED TO FILL VACANCIES IN OFF
STREET PARKING BOARD.
85. (A) REJECT ALL BIDS FOR POLICE MOTORCYCLES.
11/17/98
(B) DIRECT CITY MANAGER TO ISSUE REQUEST FOR
R 98-1146
PROPOSAL FOR LEASE OF POLICE MOTORCYCLES. -
M 98-1147
SEE LABEL 31.
149-152
86. APPROVE ESTABLISHING MONEY PURCHASE 11/17/98
RETIREMENT PLAN FOR CITY ATTORNEY UNDER R 98-1148
ICMA PURCHASE PLAN - SEE LABEL 34. 152-154
87. DISCUSS / PRESENT COCONUT GROVE PLANNING 11/17/98
STUDY - PERSONAL APPEARANCE: ANDRES DUANY R 98-1149
AND ELIZABETH PLATER-ZYBERK. - DIRECT CITY 154-158
MANAGER TO RECOMMEND FUNDS TO CONDUCT
SIMILAR STUDY IN OTHER DISTRICTS BEGINNING
WITH OVERTOWN CORRIDOR.
88. CONTINUE CONSIDERATION OF PZ-1 (PROPOSED 11/17/98
VACATION AND CLOSURE OF PORTION OF N.E. 13 M 98-1150
TERRACE BETWEEN BISCAYNE AND NORTH 158-160
BAYSHORE DRIVE) FOR 90 DAYS.
89. MAJOR USE SPECIAL PERMIT FOR ONE MIAMI 11/17/98
PROJECT TO CONDITIONALLY ALLOW DEVELOPMENT R 98-1151
OF 300 HOTEL ROOMS, RESIDENTIAL UNITS, OFFICE 160-176
SPACE, RETAIL SPACE AND PARKING AT AREA
BOUNDED BY S.E. 2 AVENUE, BISCAYNE BOULEVARD
WAY, MIAMI RIVER, BISCAYNE BAY AND S.E. 2 AND 3
STREETS (DOWNTOWN). APPLICANT: MIAMI CENTER
JOINT VENTURE, MIAMI ONE CENTRE, INC.
90. REFER TO URBAN DEVELOPMENT REVIEW BOARD 11/17/98
REQUEST FOR MAJOR USE SPECIAL PERMIT FOR M 98-1152
CLOISTERS ON THE BAY PROJECT - LOCATION: 3463- 176-207
3571 MAIN HIGHWAY - APPLICANT: ALBANESE-
POPKIN DEVELOPMENT GROUP, INC.
91. APPROVE AMENDMENT TO MASTER AND 11/17/98
INCREMENT I DEVELOPMENT ORDERS OF R 98-1153
DOWNTOWN REGIONAL DEVELOPMENT IMPACT - 207-208
DECREASE AMOUNT OF DEVELOPMENT CREDITS IN
OFFICE CATEGORY TO COMPLY WITH
DEVELOPMENT ORDER - APPLICANT: PLANNING AND
DEVELOPMENT.
92. APPROVE SPECIAL EXCEPTION REQUIRING CITY 11/17/98
COMMISSION APPROVAL - AMEND ZONING R 98-1154
ORDINANCE, ARTICLE 4, SECTION 401 - ALLOW 208-209
HEALTH CLINIC IN R-3 MULTIFAMILY MEDIUM
DENSITY RESIDENTIAL DISTRICT - LOCATION: 3095
WEST FLAGLER -0- APPLICANT: CARIDAD LOPEZ
SCUDILIS.
93. FIRST READING ORDINANCE AMENDING ORDINANCE 11/17/98
10544 FROM DUPLEX RESIDENTIAL TO RESTRICTED FIRST READING
COMMERCIAL - CHANGE FUTURE LAND USE ORDINANCE
ELEMENT OF COMPREHENSIVE NEIGHBORHOOD 209-210
PLAN -LOCATION: 1612 N.W. 30 STREET -APPLICANT:
JOSLY ENTERPRISE, INC.
94. FIRST READING ORDINANCE TO AMEND ORDINANCE 11/17/98
11000 FROM R-2 TWO FAMILY RESIDENTIAL TO C-1 FIRST READING
RESTRICTED COMMERCIAL TO CHANGE ZONING ORDINANCE
ATLAS - LOCATION: 1612 N.W. 30 STREET - 211
APPLICANT: JOSLY ENTERPRISE, INC.
95.
FIRST READING ORDINANCE AMENDING ORDINANCE
11/17/98
10544 FROM SINGLE FAMILY RESIDENTIAL TO
FIRST READING
RESTRICTED COMMERCIAL - CHANGE FUTURE LAND
ORDINANCE
USE ELEMENT OF COMPREHENSIVE NEIGHBORHOOD
211-213
PLAN - LOCATION: 41 TAMIAMI CANAL ROAD -
APPLICANT: BASILIO RODRIGUEZ AND ADOLFO
RODRIGUEZ ROIG.
96.
FIRST READING ORDINANCE AMENDING ORDINANCE
11/17/98
11000, ARTICLE 4, SECTION 401 FROM R-1 SINGLE
FIRST READING
FAMILY RESIDENTIAL TO C-1 RESTRICTED
ORDINANCE
COMMERCIAL TO CHANGE ZONING ATLAS FOR
213-214
PROPERTY AT 41 TAMIAMI CANAL ROAD -
APPLICANT: BASILIO RODRIGUEZ AND ADOLFO
RODRIGUEZ-ROIG.
97.
CONTINUE CONSIDERATION OF PZ 10 ( PROPOSED
11/17/98
SECOND READING ORDINANCE TO AMEND
M 98-1155
ORDINANCE 10544 TO CHANGE DESIGNATION FOR
214-215
PROPERTY AT 1975 N.W. 12 AVENUE TO GENERAL
COMMERCIAL ) AND PZ-11 ( PROPOSED SECOND
READING ORDINANCE TO AMEND DESIGNATION OF
PROPERTY AT 1975 N.W. 12 AVENUE [PROPERTY
MAINTENANCE SITE] TO C-2 COMMERCIAL) TO
MEETING OF JANUARY 26, 1999.
98.
FIRST READING ORDINANCE TO AMEND ORDINANCE
11/17/98
10544 TO CHANGE LAND USE DESIGNATION FOR
FIRST READING
PROPERTIES AT 1960 / 2000 S.W. 24 STREET FROM
ORDINANCE
RECREATION TO SINGLE FAMILY RESIDENTIAL --
215-216
APPLICANT: PLANNING AND DEVELOPMENT.
99.
FIRST READING ORDINANCE TO AMEND ORDINANCE
11/17/98
11000, ARTICLE 4, SECTION 401 TO CHANGE ZONING
FIRST READING
DESIGNATION FOR AT 1960 / 2000 S.W. 24 STREET
ORDINANCE
FROM RECREATION TO R-1 SINGLE FAMILY
216-217
RESIDENTIAL - APPLICANT: PLANNING AND
DEVELOPMENT.
100. CONTINUE CONSIDERATION OF PZ14 ( PROPOSED
11/17/98
FIRST READING ORDINANCE TO AMEND ORDINANCE
M 98-1156
10544 TO CHANGE LAND USE DESIGNATION FOR
217-218
PROPERTIES AT 1401 / 1441 NORTH MIAMI AVENUE -
APPLICANT: PLANNING AND DEVELOPMENT) AND
PZ15 (PROPOSED FIRST READING ORDINANCE TO
AMEND ZONING ORDINANCE 11000 TO CHANGE
ZONING DESIGNATION FOR PROPERTIES AT 1401 /
1441 NORTH MIAMI AVENUE) TO MEETING OF
JANUARY 26, 1999.
101. (A) INSTRUCT CITY ATTORNEY TO PREPARE
11/17/98
LEGISLATION ALLOWING COMMERCIAL
M 98-1157
ESTABLISHMENTS IN SD-2 COCONUT GROVE
M 98-1158
CENTRAL COMMERCIAL DISTRICT WITH
ORDINANCE
CONDITIONS - DISCUSS FEE STRUCTURE.
11731
(B) RECONSIDER MOTION 98-1157.
218-235
(C) APPROVE SECOND READING ORDINANCE
AMENDING ORDINANCE 11000, ARTICLE 6, SECTION
602 COCONUT GROVE CENTRAL COMMERCIAL
DISTRICT - MODIFY SECTION 602.10.4 ENTITLED OFF
SITE PARKING - INCLUDE PORTION OF ADJACENT G/I
DISTRICT BOUNDED BY MAIN HIGHWAY, CHARLES
AVENUE AND WILLIAM AVENUE - APPLICANT:
PLANNING AND DEVELOPMENT.
102. SECOND READING ORDINANCE AMENDING
11/17/98
ORDINANCE 11000, ARTICLE 6, SECTION 604 TO
ORDINANCE
PERMIT GENERAL OFFICE USE WITHIN SD-4 ZONING
11732
DISTRICT - APPLICANT: PLANNING AND
235-236
DEVELOPMENT.
103. FIRST READING ORDINANCE AMENDING ARTICLE 6, 11/17/98
SECTION 601 OF ORDINANCE 11000 TO MODIFY FIRST READING
MINIMUM YARD REQUIREMENTS - APPLICANT: ORDINANCE
PLANNING AND DEVELOPMENT. 236-237
104. DISCUSS CONTINUATION OF PZ19 (PROPOSED 11/17/98
ORDINANCE TO ALLOW FRESH FLOWER SALES FROM DISCUSSION
MOBILE VENDING CARTS) - SEE LABEL 106. 237-238
105. COMMENTS CONCERNING WRITTEN REPORT ON 11/17/98
STATUS OF THIRD AVENUE BUSINESS CORRIDOR IN DISCUSSION
OVERTOWN. 238
106. CONTINUE CONSIDERATION OF PZ19 ( PROPOSED
11/17/98
FIRST READING ORDINANCE TO AMEND ZONING
M 98-1159
ORDINANCE 11000 ALLOWING SALES OF FRESH
238-239
FLOWERS FROM MOBILE VENDING CARTS IN OPEN
AREAS BY CLASS II SPECIAL PERMIT) TO MEETING
OF JANUARY 26, 1999.
107. APPROVE FEE WAIVER FOR USE OF ORANGE BOWL
11/17/98
BY WILLY CHIRINO ON DECEMBER 13, 1998 - FOR
M 98-1160
EVENT TO PROVIDE ASSISTANCE TO VICTIMS OF
239-243
HURRICANE MITCH - REQUEST CITY MANAGER TO
RETURN TO JUSTIFY SAID FEE WAIVER IN WRITING -
FURTHER REQUESTING RECOMMENDATION FROM
CITY MANAGER BY SCHEDULED MEETING OF
DECEMBER 8, 1998.
108. DIRECT CITY MANAGER TO PREPARE A REPORT PRIOR
11/17/98
TO DECEMBER 8, 1998, DETAILING ALL FUNDS THAT
DISCUSSION
THE MIAMI POLICE DEPARTMENT HAD IN FISCAL
244
YEAR 1997-98 INCLUDING ALL GRANTS AND
CONFISCATED MONEY.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 17th day of November, 1998, the City Commission of Miami, Florida, met at its regular
meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session.
The meeting was called to order at 10:02 a.m. by Commissioner J.L. Plummer, Jr. (hereinafter referred
to as Vice Chairman Plummer), with the following members of the Commission found to be present:
ALSO PRESENT:
ABSENT:
Commissioner Wifredo Gort (District 1)
Commissioner J.L. Plummer, Jr. (District 2)
Commissioner Joe Sanchez (District 3)
Donald Warshaw, City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
Commissioner Arthur Teele
Commissioner Tomas Regalado
NOTE FOR THE RECORD: At 9:56 a.m., the following presentation was made prior to meeting
officially convening:
4
Vice Chairman Plummer: Mr. Clerk, I'm late. I do apologize for being late. My bank is getting slower.
First Union is getting too big. For that reason, my employees wanted to pay. Dr. George, I got a
photographer but I don't have the other members of the Commission. The Commissioner of the month is
here. All right. I think you'd like to wait, would you, for the other Commissioners? I could shoot now or
whatever you want. Let's wait about 10 minutes. Mr. Joe, who else is in the building, do you know?
Commissioner Sanchez: Just you and me, like always. Teele is here. I saw his car out there.
Vice Chairman Plummer: Mr. Clerk, would you please call Commissioner Gort and Commissioner Teele
and tell them the doctor is in the house and waiting and that he charges by the hour? Mr. Manager, for the
record, are there any items that you're pulling, besides the ones that are marked, which are CAS 12 and Item
35? Is there any other items to be pulled.
Mr. Donald Warshaw (City Manager): No, sir.
Vice Chairman Plummer: OK. So, anyone in the audience that happens to be here on CA-12 or Item 35,
you will know that you're not being taken care of today. It will be on the regular agenda of next week.
Everybody but John Brennan, and John Brennan is on the agenda for the year 2087, Item 22A. Mr.
Manager, is Christina Abrams in the house? I mean, you've got all the rest of the high priced help here. I
need to talk to her. OK. Mr. Sanchez. Dr. George, you wish to come up here and whoever is with you, that
you would like in the picture, please bring them with you. Ladies and gentlemen, there is going to be this --
I was hopeful that two of my other colleagues would run in here very quickly but they don't do anything
quickly. This proclamation is probably one that is -- before my colleague reads the presentation -- I would
November 17, 1998
like to tell you that when I was assigned the Chairman of being the Chairman of the Centennial Committee,
there were two people that we looked at very, very heavy to be assisting us in what we did and the reason we
looked at these two people is that they had more history than any of the books that are around that you can
think of, of what is this City, a hundred and now two years old, Arva Parks was one of them, who is
extensive in the study of the history and the one that knows as much as anybody or more is Dr. Paul George.
He has made a life study of not only the Brickell area but the entire community. He leads the
house -to -house tours of the northeast, of the old historic and preservation sites, and I'm very pleased that my
colleague, Commissioner of the month, Mr. Sanchez, has asked for this proclamation and if he can put his
glasses on and read the proclamation.
Commissioner Sanchez: Let me borrow your glasses. Excuse me. I'm recovering from a little cold. Let me
-- a couple of days ago I was blessed to take one of the tours that Dr. Paul George gave of the Little Havana
area and we did it on a bicycle. It was a bicycle tour. And I was so impressed with the knowledge and so
much history in the area that I did not know, even though I've been a resident for 28 years. But I was so
impressed with the knowledge and so much that he knows about this City that I decided that-- was way
overdue that he received a proclamation for all the good things that he's done. Always promoting this City.
Always showing its good sides and bad sides but always through history, which is so well -received by so
many. So, it is with great honor that myself, the Mayor and my colleagues give him a proclamation from the
City of Miami and it reads as follows: "Whereas, for 10 years Dr. Paul George has delighted history buffs
from near and far with his educational and entertaining, walking tours -- from the historic museum of
Southern Florida and whereas internationally acclaim as one of the finest local historians in the United
States, Dr. George has gained fame from his knowledge, fascinating details about the people, places of south
Florida. And, whereas, a South Florida native, Dr. Paul George, teaches history at Miami•Dade Community
College, is the author of numerous books and articles on Florida history and the recipient of many awards
and accolades and, whereas, local authorities on behalf of the community salute Dr. Paul George in sincere
appreciation for his commitment to preserving the history of the City of Miami. Now, therefore, I, Joe
Carollo, Mayor of the City of Miami, Florida, do hereby proclaim Tuesday, November 17, 1998 as Dr. Paul
George Day. In observance, therefore, I call upon all residents of the City of Miami to join me in
celebration of this important occasion. In witness thereof, I do hereto set my hand and cause the Seal of the
City of Miami to be affixed. Done in the Office of the Mayor in the City of Miami. Mr. Paul George.
Commissioner Gort: Commissioner Sanchez, there's another thing you got to add about George. He went to
the best high school there is here and he also graduated in one of the best years in here, Miami High.
Commissioner Sanchez: It is with great honor that myself and my fellow Commissioners here give you this
proclamation, Mr. George, and keep up the great work and always selling our City to everyone who's
interested in our history and in our beauty. Continue to promote this magical City.
Dr. Paul George: Thank you, Joe, so much. I really appreciate it a lot. I wanted to mention just briefly that
Vice Chairman Plummer: Use the microphone
Mr. George: Thank you, Commissioner Sanchez. I really appreciate this. Commissioner Plummer,
Commissioner Gort. Three gentlemen whom I've known for a good while. On that bike tour that I did with
Commissioner Sanchez last Saturday, we drove by the site of what used to be the Ahern -Plummer Funeral
Home. We drove by the site of what used to be Gort Photo Studio on 8th Street. We drove pretty close to
where Commissioner Sanchez grew up. So we kind of covered all of our bases here and we had a delightful
time. And thank you all so much. I love this City with a passion, as a lot of people know, and I'm just
delighted to be here and really honored to receive this wonderful award. I thank these wonderful
Commissioners for this. Thank you. (Applause)
Vice Chairman Plummer: If everybody would please stand. Bishop Gort will give the invocation and
Citizen Joe will give the pledge of allegiance, ifFinita will sit down. Thank you. Bishop Gort.
At 10:02 a.m., an invocation was delivered by Commissioner Wifredo Gort, and Commissioner Joe
Sanchez lead those present in a pledge of allegiance to the flag.
2 November 17, 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
SANCHEZ AND SECONDED BY COMMISSIONER GORT, THE
CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING
VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Vice Chairman Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
RESOLUTION NO.98-1093
A RESOLUTION ACCEPTING THE BID OF RICHARD'S TRACTORS &
IMPLEMENTS, INC., FOR THE PROVISION OF ONE (1) ALL PURPOSE
UTILITY TRACTOR, FOR THE DEPARTMENT OF PARKS AND
RECREATION, AT A TOTAL COST NOT TO EXCEED $16,191.00;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO.
001000.5 803 02.6.840.
3 November 17, 1998
RESOLUTION NO.98-1094
A RESOLUTION ACCEPTING THE BID OF SIERRA COMPUTER CORP.
DB/A MICROAGE FOR THE PURCHASE OF THREE (3) LAPTOP
COMPUTERS, FOR THE DEPARTMENT OF PLANNING AND
DEVELOPMENT, AT A TOTAL COST NOT TO EXCEED $11,904.00;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NOS.
001000.660101.6.840 AND 110088.660103.6.840.
RESOLUTION NO.98-1095
A RESOLUTION ACCEPTING THE BID OF SIERRA COMPUTER CORP.
DB/A MICROAGE FOR THE PURCHASE OF TWO (2) LAPTOP
COMPUTERS, FOR THE DEPARTMENT OF FIRE -RESCUE, AT A TOTAL
COST NOT TO EXCEED $11,230.00; ALLOCATING FUNDS THEREFOR
FROM THE URBAN SEARCH AND RESCUE GRANT, ACCOUNT CODE
NO. 313 826.802801.6.840.
RESOLUTION NO.98-1096
A RESOLUTION ACCEPTING THE BID OF MBL PAVING FOR THE
PROVISION OF ASPHALT PAVING AT KENNEDY AND MORNINGSIDE
PARKS, FOR THE DEPARTMENT OF PARKS AND RECREATION, AT A
TOTAL COST NOT TO EXCEED $33,200.00; ALLOCATING FUNDS
THEREFOR FROM THE SAFE NEIGHBORHOOD PARK BOND FUNDS,
CAPITAL IMPROVEMENT PROJECT NOS. 331313 AND 333112.
4 November 17, 1998
RESOLUTION NO.98-1097
A RESOLUTION ACCEPTING THE BID OF VENECON, INC., IN THE
PROPOSED AMOUNT OF $320,075.00, FOR THE PROJECT ENTITLED
"MORNINGSIDE GUARDHOUSES, B-4609"; ALLOCATING FUNDS
THEREFOR FROM PROJECT NO. 341204, AS APPROPRIATED BY THE
FISCAL YEAR 1998-1999 ANNUAL APPROPRIATIONS ORDINANCE NO.
11705, AS AMENDED, IN THE AMOUNT OF $320,075.00 TO COVER THE
CONTRACT COST AND $29,925.00 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL COST OF $350,000.00;
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM.
RESOLUTION NO.98-1098
A RESOLUTION ACCEPTING THE BID OF TOTAL CONSTRUCTION AND
MAINTENANCE, INC., IN THE PROPOSED AMOUNT OF $16,894.00, FOR
THE PROJECT ENTITLED "MIAMI RIVERSIDE CENTER 4TH FLOOR
REMODELING (FINANCE'S ADDITIONAL CASHIER), PROJECT NO.
311606", FOR THE DEPARTMENT OF FINANCE; ALLOCATING FUNDS
THEREFOR FROM CAPITAL IMPROVEMENT PROGRAM FUNDS,
PROJECT NO. 311606, ACCOUNT CODE NO. 311606.269301.860 AS
APPROPRIATED BY THE FISCAL YEAR 1998-99 CAPITAL
IMPROVEMENT ORDINANCE NO. 11705, AS AMENDED; AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE.
RESOLUTION NO.98-1099
A RESOLUTION ACCEPTING A GRANT FROM THE FLORIDA
DEPARTMENT OF JUVENILE JUSTICE IN THE AMOUNT OF $76,992, FOR
THE PURPOSES SPECIFIED HEREIN; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT SAID GRANT.
November 17, 1998
RESOLUTION NO.98-1100
A RESOLUTION ACCEPTING AN ENVIRONMENTAL JUSTICE GRANT
FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
IN THE AMOUNT OF $77,134 FOR THE PURPOSES SPECIFIED HEREIN;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO
ACCEPT SAID GRANT.
RESOLUTION NO.98-1101
A RESOLUTION, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER TO APPROVE THE FINDINGS OF THE EVALUATION
COMMITTEE THAT THE MOST QUALIFIED FIRMS, IN RANK ORDER, TO
PROVIDE AND ADMINISTER THE PROMOTIONAL EXAMINATION
PROCESSES FOR THE CLASSIFICATION OF POLICE LIEUTENANT FOR
THE DEPARTMENT OF HUMAN RESOURCES ARE: 1) SHL LANDY
JACOBS, INC., AND 2) BARRETT AND ASSOCIATES, INC.; AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT,
WITH THE TOP RANKED FIRM, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR AN INITIAL TERM OF SIX (6) MONTHS, WITH THE
OPTION O EXTEND FOR THREE (3) ADDITIONAL SIX-MONTH PERIODS,
AT A COST NOT TO EXCEED $75,000 DURING THE INITIAL AND
EXTENDED TERM OF THE AGREEMENT; FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH
THE SECOND RANKED FIRM SHOULD NEGOTIATIONS FAIL WITH SHL
LANDY JACOBS, INC.; ALLOCATING FUNDS THEREFOR FROM THE
DEPARTMENT OF POLICE GENERAL OPERATING BUDGET, ACCOUNT
CODE NO. 00 1000.290201.6.270.
November 17, 1998
RESOLUTION NO.98-1102
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A
DONATION FROM THE METROPOLITAN MIAMI FLOWER SHOW, INC.,
("FLOWER SHOW") CONSISTING OF IMPROVEMENTS TO THE CHARLES
TORREY SIMPSON MEMORIAL GARDEN CENTER ("GARDEN CENTER"),
LOCATED IN SIMPSON PARK, 55 SW 17TH ROAD, MIAMI, FLORIDA,
WITH AN ESTIMATED VALUE OF $54,600; SAID IMPROVEMENTS TO
CONSIST OF THE DESIGN AND CONSTRUCTION OF WALKWAYS,
DECKING, ROOFING, SCREENING, LIGHTING, AND AN ENCLOSED
STORAGE AREA; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WITH THE FLOWER SHOW TO PROVIDE FOR
THE CONSTRUCTION OF SAID IMPROVEMENTS.
RESOLUTION NO.98-1103
A RESOLUTION APPROVING THE CITY OF MIAMI'S MEMBERSHIP IN
THE MIAMI-DADE COUNTY FLORIDA LEAGUE OF CITES AND
AUTHORIZING PAYMENT OF ANNUAL MEMBERSHIP DUES, IN THE
AMOUNT OF $11,096.80, FOR THE PERIOD OF OCTOBER 1, 1998
THROUGH SEPTEMBER 30, 1999; ALLOCATING FUNDS THEREFOR
FROM SPECIAL PROGRAMS AND ACCOUNTS, ACCOUNT CODE NO.
920204.760.
RESOLUTION NO.98-1104
A RESOLUTION DESIGNATING ARMANDO J. BUCELO, SR. AND
ARMANDO J. BUCELO, JR. AS THE CITY OF MIAMI'S OFFICIAL
AMBASSADORS FOR THE GAME OF CHESS; AUTHORIZING SAID
AMBASSADORS TO REPRESENT THE CITY OF MIAMI AT LOCAL,
NATIONAL AND INTERNATIONAL CHESS TOURNAMENTS, AND TO
PROMOTE AND ENCOURAGE EDUCATIONAL FACILITIES AND
SPONSORS OF YOUTH -ORIENTED PROGRAMS TO INCORPORATE THE
GAME OF CHESS IN THEIR CURRICULUM AND ACTIVITIES.
[NOTE FOR THE RECORD: THE CITY COMMISSION APPROVED THE COMMITTEE MINUTES
OF MARCH 21NIJ, MARCH 19TH, AND MARCH 31, 19981
Vice Chairman Plummer: We now need to approve the minutes of March 2, '98, March 19, '98 and March
31 of'98.
7 November 17, 1998
Commissioner Sanchez: Move.
Vice Chairman Plummer: Moved by Gort. Seconded by Sanchez. Is there anyone of the public that wish to
speak on any of the minutes? All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show unanimous ballot.
The Commission (Collectively): Aye.
3. (A) DIRECT CITY MANAGER TO LIST MAYORAL VETOES AS FIRST ITEMS ON AGENDA.
(B) DEFER CONSIDERATION OF AGENDA ITEM 14 (PROPOSED ORDINANCE AMENDING'
CODE IN CONNECTION WITH UNITY COUNCIL OF MIAMI-TUCOM).
Vice Chairman Plummer: Mr. Clerk, in the future, when you make up these agendas, Commissioner Teele,
can give you the wording. There's supposed to be a wording in here, "are there any vetoes to be considered
by the City Commission" and even though there are none, I would assume it should go at the top of the
agenda.
Commissioner Gort: Mr. Chairman.
Vice Chairman Plummer: Yes, sir.
Commissioner Gort: I'd like to pull Item 14. I'd like to sit down with the...
Vice Chairman Plummer: Is that CA 14 or Regular 14?
Commissioner Gort: No, Regular 14. I'd like to sit down. I think some changes need to be done to that.
Vice Chairman Plummer: Item 14 is to be pulled by Commissioner Gort and put over to the next meeting.
Is there any objection? Motion by Gort. Seconded by Sanchez that Item 14 is deferred to the next meeting.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 98-1105
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 14
(PROPOSED ORDINANCE AMENDING CODE IN CONNECTION WITH
THE UNITY COUNCIL OF MIAMI).
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Tomas Regalado
November 17, 1998
[AT THIS POINT, COMMISSIONER TEELE ENTERED THE COMMISSION CHAMBERS AT 10:05
A.M.]
Vice Chairman Plummer: Commissioner Teele, if you did have anything to pull on the consent agenda, I
would go back if you need to do such. If not, it's a pass.
Commissioner Teele: It's already passed?
Vice Chairman Plummer: Yes, sir. You have an item you wish to pull, we'll go back to it. You have
nothing, Mr. Teele, on the consent?
Commissioner Teele: Has it already passed?
Vice Chairman Plummer: Yes, sir.
Commissioner Sanchez: Which item is the ant}deficiency?
Vice Chairman Plummer: All right. We're now on Item 2. Accepting the attached Miam}Dade canvassing
board certification of the election took place on November the 3rd. Mr. Clerk, do we need to do anything
beside a motion?
Mr. Walter Foeman (City Clerk): Just a motion accepting.
Commissioner Gort: Move it.
Vice Chairman Plummer: Motion by Gort.
Commissioner Sanchez: Second.
Vice Chairman Plummer: Seconded by-- Sanchez, you should not. Seconded by Teele. It is a resolution.
All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show it unanimous.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-1106
A RESOLUTION, WITH ATTACHMENTS, OFFICIALLY ACCEPTING THE
ATTACHED MIAMI-DADE COUNTY CANVASSING BOARD'S
CERTIFICATION AND DECLARATION OF THE RESULTS OF THE
SPECIAL MUNICIPAL ELECTION HELD ON NOVEMBER 3, 1998, IN
WHICH THE CHARTER AMENDMENT TO MODIFY PROVISIONS
REGARDING DISPOSITION OF CITY -OWNED PROPERTY WAS
DISAPPROVED BY THE ELECTORATE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
9 November 17, 1998
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Vice Chairman Plummer: This requires a 4/5ths. We'll have to put -- no, we have four. A prohibition set
forth in Section 2-612, the waiving of City employees to make them eligible for rehabilitation loan program.
Has anybody got a problem with that?
Commissioner Gort: No. I have a question.
Vice Chairman Plummer: Question.
Commissioner Teele: I do.
Commissioner Gort: My understanding is...
Vice Chairman Plummer: Oh, wait a minute. Excuse me. Teele has a problem with it. We'll put it off until
we get another vote.
Commissioner Teele: You have another vote now.
Vice Chairman Plummer: Who's the other one? Oh, OK.
[AT THIS POINT COMMISSIONER REGALADO ENTERED THE COMMISSION CHAMBERS AT
10:06 A.M.]
Vice Chairman Plummer: Go ahead, Mr. Gort.
Commissioner Gort: My question is, there's certain criteria and guidelines in order for you to receive this
assistance or this help.
Mr. Jeff Hepburn (Assistant Director/Housing): Yes. It's based on family income and also family size.
Commissioner Gort: OK. Are we excluding City of Miami employees to qualify under this program
because they work for the City?
Mr. Hepburn: No. Historically, we have come before the Commission in the past for this waiver for City
employees who have benefited from this program in the past. Yes.
Commissioner Gort: I think if the individual works for the City and receives - and meets all the criteria and
guidelines, personally, I don't know how the rest of you feel about it but I don't think, because they work for
the City, they should not receive the same benefit as the residents in the area.
10 November 17, 1998
Vice Chairman Plummer: You'd have to change the code.
Mr. Alejandro Vilarello (City Attorney): Commissioner.
Vice Chairman Plummer: Mr. City Attorney.
Mr. Vilarello: There's a prohibition against City employees transacting business with the City. Therefore,
the department comes to you one, a City employee qualifies in order to get the waiver from the City
Commission.
Commissioner Gort: OK.
Vice Chairman Plummer: And, Mr. Gort, I can never remember when one was turned down. Mr. Teele.
Commissioner Teele.
Commissioner Teele: Yes.
Vice Chairman Plummer: You had discussion on Item 3?
Commissioner Teele: Yes. The question that I have regarding this, is this simply a waiver by the City to
allow an employee from the City to occupy a home or an apartment?
Mr. Hepburn: The employee's basically applying for financial assistance to rehabilitate his home. We're
talking about plumbing, electrical, bathrooms and that sort of stuff. He currently lives in that property now.
Commissioner Teele: Well, is the prohibition contained in the Federal Code or is it contained in the City
Charter?
Mr. Vilarello: There's a prohibition in the City Code with regard to City employees.
Commissioner Teele: In the City Code or the City Charter?
Mr. Vilarello: City Code.
Commissioner Teele: Well...
Commissioner Sanchez: I have a problem with that.
Commissioner Teele: I want to just commend the management but I really think the chart-- the code is
going in the wrong direction. I understand the evil that we're trying to prevent and, that is, sel€dealing by
City officials. Particularly, in say, in the area where this is going - where these funds are administered. But
this is the policy that we should be trying to encourage and it's a little bit embarrassing to an employee to
have to put their name in the public like this for something that otherwise any normal citizen, any citizen in
the City of Miami, would qualify and it wouldn't come to us. And I just wish, Mr. Attorney, if you would
work with the Manager to see if we could reverse this. I mean, maybe we need to limit the applicability of
the code to certain departments where there is a potential for selfdealing but I, for one, think we ought to be
encouraging City employees to live in the City of Miami proactively. I mean, one of the things that the CRA
(Community Redevelopment Agency) Board approved last meeting was to give every City employee, who
wants to live in Poinciana Village, a two thousand dollar ($2,000) cash grant to move into the City or into
that particular project. So, my objection is that I really think that this has a chilling effect on City
employees, who would otherwise, you know, want to avail themselves and, in this case, they're rehabilitating
a house but if they were moving into the City for a new apartment or a new home, they would still have to
come through this process. And I would hope that you would look at this as a way perhaps that we can
change or amend the code so that we don't have such a chilling effect on employees. This is a Parks and
Recs employee. This has nothing to do with anything.
Commissioner Gort: I move it.
11 November 17, 1998
Mr. Vilarello: Mr. Chairman.
Vice Chairman Plummer: Moved by...
Commissioner Teele: Second the motion.
Vice Chairman Plummer: Mr. City Attorney.
Commissioner Teele: I'd like to hear from the City Attorney.
Mr. Vilarello: I will explore, Commissioner, the ability to maybe carve out an exception under these
circumstances but, generally speaking, the board does need to become aware of any situation where the City
is transacting business with one of its own employees. There is a similar county provision and a state
statute...
Commissioner Teele: Yeah, but we could change it to say that it must be approved by the City Attorney and
the City Attorney shall certify that there is no conflict.
Mr. Vilarello: I will explore a delegation of the authority by the City Commission.
Commissioner Teele: Or the City Manager and the City Attorney.
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Yes. I totally agree with Commissioner Teele and, you know, we're talking about
a park employee who wishes to continue living in the City of Miami. But now that we're discussing this
issue, Mr. Manager, I just found out that a City of Miami police officer wants to move into the City. And
you remember what the Commission did -- I think it was about almost two years ago -- that five thousand
dollars ($5,000) -- I just told him that I was going to ask the administration for the process. So, if you can
later give me the details or I'll direct the officer to meet with someone in the administration.
Mr. Donald H. Warshaw (City Manager): Yes, sir
Commissioner Regalado: Thank you, sir.
Commissioner Sanchez: Mr. Vice Chair.
Vice Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: A very important question we need to ask ourselves is whether the individual
qualifies for this grant. You know, whether he owns a house. And what we want to make sure that — before
it comes here at our board, going through you, the City Attorney, to make sure that that individual qualifies
for all those -- for the grant. Because it will be very embarrassing in the future we do have people that
would want to take advantage of this and basically they do have -- they don't qualify for the program and
they try to qualify for it and it's just going to be sending the wrong public message or perception out to the
taxpayers of this City.
Vice Chairman Plummer: Call the roll.
12 November 17, 1998
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-1107
A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS
OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC
HEARING, WAIVING THE PROHIBITION SET FORTH IN SECTION 2-612
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
WHEREBY A CITY EMPLOYEE IS PROHIBITED FROM TRANSACTING
BUSINESS WITH THE CITY; APPROVING MR. ROBERTO GONZALEZ,
AN EMPLOYEE OF THE CITY OF MIAMI' S PARKS AND RECREATION
DEPARTMENT, TO PARTICIPATE IN THE CITY OF MIAMI
COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") ASSISTED
SINGLE FAMILY REHABILITATION LOAN PROGRAM ADMINISTERED
BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT; SAID
WAIVER BASED UPON THE FINDING THAT IT WOULD BE IN THE
BEST INTEREST OF THE CITY AND STIPULATING THAT SAID
PARTICIPATION SHALL BE LIMITED TO THOSE PROPERTIES THAT
ARE NOT OR HAVE NOT BEEN THE SUBJECT OF ANY CITY BOARD
ACTION.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: All right. With the permission of my colleagues, Mr. Adorno, who is here, has
two items and I'd like to get him where he can leave. Mr. Adorno, 6A, I understand, is yours and number 30
is yours. Six "A" is first.
Commissioner Gort: He's going to give us additional funds, huh?
Vice Chairman Plummer: No, he's going to give us 87 tickets to the Super Bowl. Mr. Adorno, for the
record, your name and mailing address, please.
Mr. Hank Adorno: Hank Adorno, 2601 South Bayshore Drive, Miami.
Vice Chairman Plummer: Speaking to 6A first.
Mr. Adorno: Yes, sir. I am here today on 6A on behalf of the Youth Education and Sports Foundation. We
are here to donate to the City of Miami a set of architectural drawings for the construction of the Arthur
Ashe-Buchholz Tennis Center at Moore Park. Those plans will allow the building of that tennis center,
13 November 17, 1998
which is funded -- the actual construction dollars are funded by the Safe Neighborhood Parks Bond Issue
that passed in November of 1996. We'd ask the City to accept the donation of those plans. And then we'd
also ask that you allow us to negotiate with the City Manager's office use agreements with the Tennis Sports
Foundation and the Boys and Girls Club of Greater Miami to negotiate use agreements for the use of the
tennis center.
Vice Chairman Plummer: A resolution authorizing the donation of architectural plans from the South
Florida Super Bowl Host Committee for the construction of a tennis center building at Moore Park. The
project's said donations subject to the review and approval of said plans by all applicable agencies. Further
authorizing the City Manager to execute a professional service agreement in a form acceptable to the City
Attorney with Edward Luis Architects. Inc. for the provision of architectural services in connection with the
project, and further authorizing the City Manager to execute agreements in a form acceptable to City
Attorney with the Greater Miami Tennis Foundation, Inc. and the Boys and Girls Club of Miami, Inc. for the
provision of recreational programs at Moore Park. Commissioner Teele, this is in your district.
Commissioner Teele: And further providing that the organization will negotiate a use agreement, which is
not contained in here. Does this say use agreement?
Mr. Alejandro Vilarello (City Attorney): It authorizes the Manager to negotiate a use agreement with both
the Boys and Girls Club and the Greater Miami Tennis Foundation.
Commissioner Teele: And to submit such agreement to the Commission with a public hearing at the time of
the submission, I so move.
Vice Chairman Plummer: Seconded by Mr. Gort.
Commissioner Gort: I'll second it.
Vice Chairman Plummer: I made a mistake. It's his district but we're all in favor of it.
Commissioner Gort: It's right in the perimeter.
Commissioner Teele: It's half in his district and half in mine.
Vice Chairman Plummer: All right, very well. All in favor say "aye.".
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposition? Show unanimous
14 November 17, 1998
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-1108
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE
DONATION OF ARCHITECTURAL PLANS FROM THE SOUTH FLORIDA
SUPER BOWL HOST COMMITTEE FOR THE CONSTRUCTION OF A
TENNIS CENTER BUILDING AT MOORE PARK (THE "TENNIS
BUILDING"), SAID DONATIONS SUBJECT TO THE REVIEW AND
APPROVAL OF SAID PLANS BY ALL APPLICABLE AGENCIES;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH EDWARD
LEWIS ARCHITECTS, INC., FOR ARCHITECTURAL SERVICES
ASSOCIATED WITH TENNIS BUILDING; FURTHER AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AGREEMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH THE GREATER MIAMI
TENNIS FOUNDATION, INC. AND THE BOYS AND GIRLS CLUB OF
MIAMI, INC. FOR THE PROVISION OF RECREATIONAL PROGRAMS BY
SAID ORGANIZATIONS AT MOORE PARK, SUBJECT TO REVIEW AND
APPROVAL BY THE CITY COMMISSION.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: Now, Mr. Adorno, Item 30.
Mr. Hank Adorno: Yes, sir. I believed today you have before you the second year Safe Neighborhood
Parks Bond Issue projects for the City of Miami. I'd ask you to A, approve those and then B, to continue to
support your parks department and administrative staff in expediting the construction of those facilities
under that bond issue. There has been significant progress made over the last nine months and
Commissioner Regalado has taken the lead on getting things moving forward and we'd like to continue to
see that progress.
Vice Chairman Plummer: Item 30, moved by Regalado. Seconded by Gort. Any opposition? Mr. Gort.
Commissioner Regalado: I just want to make a comment.
Vice Chairman Plummer: Is that a brief comment?
Commissioner Regalado: Brief. That I have to say that the administration is moving really forward on all
these projects and I thank the Manager and the parks director. And the only thing we need now, Mr.
Adorno, is for you maybe to give a phone call to the Oversight Board because we are sort of stuck with
15 November 17, 1998
several contracts in the -- contracts committee of the Oversight Board. If they can expedite that, I'm sure
that the people will see the construction in many of our parks in a few weeks. We have at least now eight
contracts - is that correct?- eight contracts in the Oversight Board.
Vice Chairman Plummer: OK.
Mr. Adorno: I'll be glad to call Mr. Beaty and see what I can do to expedite those.
Vice Chairman Plummer: All right. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-1109
A RESOLUTION APPROVING SPECIAL PROJECTS GRANT
APPLICATIONS, IN THE AMOUNT OF $3,365,900, AND CHALLENGE
GRANT APPLICATIONS, IN THE AMOUNT OF $1,793,900, AS
DESIGNATED HEREIN AND SUBMITTED TO MIAMI-DADE COUNTY
FOR THE SAFE NEIGHBORHOOD PARKS BOND PROGRAM, BOND
SERIES 1998 (YEAR TWO FUNDING); AUTHORIZING THE CITY
MANAGER TO ACCEPT SAID GRANT AWARDS AND EXECUTE THE
NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THIS PURPOSE; AUTHORIZING THE PAYMENT OF:
(1) SUPPLEMENTAL FUNDS REQUIRED TO COMPLETE SAID
PROJECTS IF THE COSTS OF SAID PROJECTS EXCEED THE GRANT
ALLOCATION; AND (2) FUNDS TO OPERATE, MAINTAIN AND
PROVIDE PROGRAMMING AT EACH PROJECT UPON ITS
COMPLETION, PURSUANT TO THE PROVISIONS OF THE SAFE
NEIGHBORHOODS PARK ORDINANCE (MIAMI-DADE COUNTY
ORDINANCE NO.96-115, ADOPTED JULY 16, 1996).
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: This is not a public hearing, Mr. Cruz.
Commissioner Gort: Why not? Let him speak.
Vice Chairman Plummer: Mr. Cruz, Mr. Gort would like to hear what you have to say, sir.
Commissioner Teele: Before you do, Mr. Cruz. Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Adorno?
16 November 17, 1998
Mr. Adorno: Yes, sir.
Commissioner Teele: You know, simply thank you. We kick each other and the government kicks you and
you kick the government from time to time and it's all a part of the American system but thank you for the
leadership that you're providing, not only in the City but throughout this and we appreciate it.
Mr. Adorno: Thank you for those comments.
Vice Chairman Plummer: Be careful. He might quit. Mr. Cruz.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I have to say that my family and I, we use
Moore Park, Allapattah-Comstock and Curtis Park. I'm glad to see now that it will be somebody providing
money to run programs because we have a big problem there with the parks and many times we go,
especially Friday evening and Saturday evening and Sunday evening, and there is nobody there in the park
to take care of the park. The bathrooms are closed. So what's the purpose of spending so many millions?
We cannot use the parks. Let's see -- and then when you call the City and they tell you, budget constraints.
There's no money to hire somebody part-time. I go to Hialeah and all these other little cities and they got the
parks functioning. Why is that? When they got millions. I see millions of dollars being paid in every
budget hearing for risk management, for settlement, for police car, for that. How come we don't have a little
money allocated for the parks department to help people to take care of the parks after the parks-- what we
got to do, is a big Cadillac there with no gasoline for the Cadillac.
Vice Chairman Plummer: Thank you, sir.
Vice Chairman Plummer: Item 4, it's a second reading. Names of avenues. Moved by Gort. Seconded by
Teele. Is there anyone wishing to speak on Item 4? Mr. City Attorney, read the ordinance. Call the roll.
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.
17 November 17, 1998
Passed on its first reading, by title, at the meeting of October 27, 1998, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Gort, 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. 11720.
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 5, Mr. John Brennan. Mr. John Brennan. For the record, your name and
mailing address, please.
Mr. John Brennan: My name is John A. Brennan and I'm at 2336 Swanson Avenue. I am here to request
that the City Commission...
Vice Chairman Plummer: Excuse me. Would you turn-- turn the clock on, please. Hello.
Mr. Brennan: How much time are you going to give me?
Vice Chairman Plummer: Two minutes, sir.
Mr. Brennan: I didn't get but one last time.
Vice Chairman Plummer: You get two this time because you were a good boy last time.
Mr. Brennan: This is a personal appearance. No extra benefits, sir?
Vice Chairman Plummer: We'll talk. Go.
Mr. Brennan: I'm here to ask for the City Commission to put off its attempts to remove the tenants from the
Dinner Key Boat Yard. The...
Vice Chairman Plummer: What?
Mr. Brennan: The City is...
Vice Chairman Plummer: Excuse me, Mr. Brennan. Excuse me.
Mr. Brennan: Cut my time down, J.L.?
Vice Chairman Plummer: Stop the clock. Mr. Manager, they were to be out November the first. Why are
they not out?
18 November 17, 1998
Ms. Christina Abrams (Director/Public Facilities): November 1 st was a deadline.
Vice Chairman Plummer: Yep.
Ms. Abrams: Those who did not leave willfully are being removed by the Sheriffs order. We have already
removed one by Sheriffs offer and we're processing the paperwork to get the others removed by a Sheriffs
order.
Vice Chairman Plummer: So, in other words, once again, they're insulting this City?
Ms. Abrams: It should be a matter of days before they're all removed. We had to wait until...
Vice Chairman Plummer: All right, Mr. Brennan, proceed. But I just want to make sure that we understand
that these people are not good neighbors. They have taken us to court. Now they agreed the court order
November the 1 st. How can they be in contempt of a court order?
Ms. Abrams: That's why we have the Sheriffs office involved.
Vice Chairman Plummer: Well, why aren't they going to jail for contempt?
Mr. Alejandro Vilarello (City Attorney): We have, in fact, proceeded with Writs of Possession to remove
those individuals who agreed to move out and have not moved out.
Commissioner Regalado: Excuse me, J.L.
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: I think that this is not about bad tenants or people who do not comply with the
law. What I think that John is trying to do is just to avoid another BobbyMaduro, another Marine Stadium
scenario. I don't care about these people in terms of human beings or tenants. The only thing that I think is
that, if we vacate those premises, then it's going to look abandoned; you're going to have homeless; you're
going to have graffiti; you're going to have crime. When there's no people, there is crime. And I think that
if we can reach an agreement with the court -- I mean, we don't have to talk to these people. Maybe with the
Court. If we reach an agreement saying, well, these people are going to stay here. They're going to pay
whatever they need to pay to the City and at said time, when the City decides there is time for construction
of the Dinner Key Boat Yard project, then we'll evict them or we'll get rid of them. I think that this is not
about good people or bad people. This is about the environment around City Hall, which we need to work
for. 1 mean, we're not discussing here whether these people are good or bad tenants. We know they are bad
tenants. We're discussing here the possibility of keeping that place at least alive for a little while.
Vice Chairman Plummer: The only crime is...
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: You know, you're presiding but I, for one, would like to hear from the citizen who
petitioned us to speak. I think he should be afforded the courtesy of being able to speak. I don't understand
the issue, J.L.
Vice Chairman Plummer: OK.
Commissioner Teele: I mean, I may support you. I may support him. But I really would just like to be
informed before the debate starts.
Vice Chairman Plummer: Mr. Brennan, proceed.
Mr. Brennan: Commissioner Teele, thank you very much. This makes it a little tough when you got to do a
19 November 17, 1998
lot of debating with the Commissioners. My concern -- I would like -- because there is so much bad blood
between the City and some of these tenants -- and it's not fair to say it's all of the tenants because there are
several of them -- I think there's two or three who have signed the proper agreements and they have a notice
to move out on February 29th, as I understand. But this is -- so much of this is up in the air. I would like to
put aside the bickering over what's legal and what's not legal. The deal is, we have a potential marine
stadium on our hands. I'm sure that everybody knows what it looks like today. At one time it was a proud
structure. If we vacate the building, that's the way it will go. If someone has another idea of which way it
will go, I'd like to hear it. But this is what happens to a vacant building. We are concerned with the fact that
the proposed developer move in appropriately. We have -- I'm only half through, J.L. I know that you're the
Chairman and you have, like God, you have the right to drive me off.
Vice Chairman Plummer: Go ahead, John. I'm going to be liberal but please be brief.
Mr. Brennan: You're going to be liberal. You argue with him. Excuse me.
Vice Chairman Plummer: The clock will stop.
Mr. Brennan: One of the things that didn't get recognized at the last meeting was the fact that the developer,
through the Oversight Board, got his rent doubled. He got the investment almost doubled. He has-- he's
going to have six months after the Oversight Board tells him or tells the Commission it's time to go. He's got
six months to raise the money. He may-- I'm sorry, J.L. Were you asking me something?
Vice Chairman Plummer: No. Go ahead, proceed. I was asking the City Attorney.
Mr. Brennan: The developer had six months. We had a fellow name Sherman Whitmore came in here and
he drove in on a 60 foot white yacht that was named Virtuous and everybody here -- these Commissioner at
this end may not remember him but he stood out quite well. You don't remember him? Charming fellow.
Vice Chairman Plummer: You forgot his rented Rolls Royce.
Mr. Brennan: And that too. And he was -- he would -- somebody on the City staff advised that he had
enough money to, I guess, buy out the Commission or something. Don't worry about the money. To my
knowledge, he didn't pay the City a penny and he left us in a very serious debt. I'm not saying that Mr. Lima
and his development crew might do that. I'm saying that that's always a possibility. You have a situation
where you stretched out the time. It's been over a year since you agreed that he could have the job. You
stretched it out. Now, the question is, can he raise the money? He maybe can. But until such time as he
does, I would like to see those buildings protected. The chief here has a job -- he's got a plate that's so full,
he doesn't know which way to turn and you're going to be burdening him with extra police requirements to
protect those buildings. It's no...
Vice Chairman Plummer: John, you're getting repetitious. Wind up.
Commissioner Teele: Mr. Chairman, I really don't understand what is requested. I mean, the fact that Mr.
Lima does or doesn't have money has nothing to do with his -- the issue that's on the agenda. And I just
want to know who is it you're trying to allow to stay there and how long and what's the reason?
Mr. Brennan: There are tenants in the building now. I would like to see them stay there, until such time as
the developer is ready to move in. I have an agreement here that they will move out within 30 days of the
time that he's ready to go. Unless God is talking to somebody, nobody knows when he's going to move in.
Vice Chairman Plummer: That's the third paper.
Commissioner Sanchez: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele, may I try to assist you? I was here.
Commissioner Teele: Please.
Vice Chairman Plummer: We had an agreement with these people that they could go in and they could
20 November 17, 1998
move into that thing and utilize it at a very nominal amount of money. They had the first deadline was...
Ms. Abrams: Oh, two years ago.
Vice Chairman Plummer: Two years ago they had a deadline in which they were to move out. They did
not. Instead of moving out, they went to court.
Ms. Abrams: And sued us.
Vice Chairman Plummer: And the court, in fact, allowed them to stay until November Ist of this year.
Now, here again, they want to tell -- the tail is going to wag the dog, that they're going to tell us when they're
going to move out. As far as I'm concerned, any agreement with these people have already been
demonstrated by history that they are not of their word. The only crime that I see is the criminals who do
not do what the court tells them to do. And if that isn't the case, I don't need crime in that building because
these people will not do what they're supposed to do. I don't even know why its on this agenda again. We
decided the matter at the last Commission meeting. They were to go. They were to be out. They have
insulted this City now twice. And I don't think-- if we have to pay for a security guard, so be it. But I'm not
going to allow people to go in there and tell this City what they're going to do, take me to court, they lose,
they're in contempt, and you're asking me to give them a favor?
Mr. Brennan: That's not fair, J.L. Half of those people...
Vice Chairman Plummer: Sir, tell me I'm not saying the truth. Tell me I'm not saying the truth.
Mr. Brennan: No. You want to pick out a couple of them, yes but there's some of them that have done
exactly what the City asked and they're paying their rent.
Vice Chairman Plummer: John, the court said November the 1st. Sir, I'm one vote up here.
Mr. Brennan: They have until February 29.
Vice Chairman Plummer: I'll allow my colleagues to express their opinion. Mr. Regalado.
Commissioner Regalado: Mr. Sanchez.
Commissioner Teele: Mr. Sanchez.
Vice Chairman Plummer: Oh, all right. Fine.
Commissioner Sanchez: John, I believe the City's acted in good faith. I believe that we've done just about
everything to help you. You've been there for two years.
Vice Chairman Plummer: And then some.
Mr. Brennan: Please, it's not me. I'm just a citizen.
Vice Chairman Plummer: Excuse me. Would you allow the Commissioner to speak?
Commissioner Sanchez: Well, I know. I understand. But you're representing them. You're speaking on
their behalf today. Yes, some of the tenants...
Mr. Brennan: No. Please. I'm speaking on behalf of the citizens of this City. What happens to the tenants
is really important. Only that they protect-- up to now protected those buildings. I don't want to save any
jobs or anything like this. Please don't get that impression. I don't want to save jobs. Because I got a lot less
time than I thought I was going to do. But I want to save the buildings and all you've got to do is look at
Marine Stadium and see what we got. I'm sorry.
Commissioner Sanchez: I'm basically in the same position that Mr. Plummer is. We've been fair, OK.
Vice Chairman Plummer: We have them every right.
21 November 17, 1998
Commissioner Sanchez: We went -- we let you stay there. You took us to court. You had to be there --
November the 1 st you had to get out. Now you want to continue to stay there. You know, it gets to a point,
people are going to be -- are they going to be homeless or they're going to be out on the street?
Mr. Brennan: I'm sorry?
Commissioner Sanchez: Are they going to be homeless if they get kicked out of there?
Mr. Brennan: I doubt that very much.
Commissioner Sanchez: I doubt it, right.
Vice Chairman Plummer: Mr. Regalado.
Commissioner Sanchez: It's a fair agreement. It's a legal agreement.
Commissioner Regalado: I -- you know, I think that we're missing the point that he's trying to make. I, for
one, I don't know anybody of those tenants -- I have never visited them. I frankly don't care about if they are
evicted. This is not the point. The point is that the City has a history of when there is a building that is
vacated, which is property of the City of Miami, we have a problem. We have a problem that dates back to
many years and now, with this new administration, which is trying to do right what has been done wrong,
still we have a problem. The City takes a lot of time in working their contracts. We know for a fact that the
contract.has been signed. We know for a fact, John, that they do have the money. At least that's what we
were told. The contract is not an issue. What we're discussing here is for the City to keep some people-- if
you don't want them, let's bring several other business for 30 or 40 or 60 or 90 days. The issue here is not to
have an abandoned building because the City has shown in the past and is showing in the present an ability
to take care of the buildings who are vacated. Case in point, case in point, remember, Christina, the little
boats in the Marine Stadium parking lots?
Ms. Abrams: They're still there.
Commissioner Regalado: They're still there. Remember, Alex? I mean, your predecessor did something.
Christina worked a lot. We were trying to get those little boats of the Marine Stadium parking lot for the
summer camp that ended. We probably, with luck, we may be able to get it for the summer camp of year
2001 probably. But that's a point. Look at the old fire station, 141 Northwest 27th Avenue, vacated. That is
broken windows, homeless people living there. We got a problem. The issue is not, if we're going to give
these people or a gift -- if these people are telling the City that they don't want to move. I don't care if they
are evicted this afternoon. But the issue is that if we cannot guarantee the security and the life of this area,
we might as well do something with them. Tell them, you can stay here for 90 days and when we tell you
sign here, we're coming with a sheriff on the 89th day, I don't care about the problem -- the legal maneuver.
Christina, I agree with you. I agree with, J.L., these people should be evicted but this is not about these
people. This is about empty buildings that the City has had a history, that is not very nice in keeping those
buildings.
Ms. Abrams: May I address the Commission?
Vice Chairman Plummer: OK. Let me just say this and I want it on the record. Mr. Brennan is not here
representing those people. Mr. Brennan is here in his capaCity as an individual taxpayer, who is trying to do
what he thinks is right for the City of Miami. He has always been that way. He will always be that way. In
this particular issue, Mr. Brennan and I have a violent disagreement. Christina.
Ms. Abrams: Thank you very much. I want to point out that the people we're evicting are the people who
filed the lawsuit against the City. We prevailed in court and got a court order to have them removed by a
date certain. There are other tenants in the boat yard. There are four tenants who are in good standing, who
have always paid their rent, who entered into an agreement with the City, stating that they will leave when
the City ask them to leave, which is shortly after -- shortly before the development. We also have an
employee, a full-time employee in the marina during the day, and we have a security guard there in the
evening. So, I urge the Commission that we're going to address the security concerns because we don't want
22 November 17, 1998
a repeat of the Bobby Maduro. But, at the same time, we should not violate a court order, stipulated
settlement and proceed with the eviction of those people.
Vice Chairman Plummer: Absolutely. I don't know how-- OK. The floor is open for a --
Commissioner Teele: You know --
Vice Chairman Plummer: Mr. Teele, I'm sorry.
Commissioner Teele: Let me just understand the facts. You said there are four people or four tenants.
We're not talking about those four.
Ms. Abrams: We're talking about -- excuse me.
Commissioner Teele: We're only talking about the people who filed the lawsuit against the City.
Ms. Abrams: And who have not paid rent for years.
Commissioner Teele: Now, you know, I'm not — I am an attorney and I really do believe in the constitution.
I don't think anyone waives any rights in using the protection of the constitution. So, I don't think the filing
of a lawsuit is within itself a hostile act. It could be a protective act. So, I don't agree with those of my
colleagues who view automatically suing someone. I mean, that would be true in a dictatorship but, in
America, that's not the law. Now, I want to know one thing. Of the people who filed the lawsuit-- how
many people filed a lawsuit?
Ms. Abrams: It was about 10, 12.
Commissioner Teele: Of the 10 or 12 people that filed the lawsuit, how many of them are not in compliance
with the existing terms or what would have been the terms? That is, how many of them are not current?
Because to me, it's not a question of who filed the lawsuit versus who didn't file the lawsuit. To me, it's a
question is, who was a good neighbor or a good tenant, OK? And I want to make a distinction between
those people who protect and avail themselves of their constitutional right in America, as opposed to those
people who aren't paying their contractural obligation. And I think, it may sound like a thin line but there's,
in my mind, a very bright broad line between the two people.
Ms. Abrams: Commissioner, I apologize if I was not clear on the filing of the lawsuit. What happened is,
this group of individuals filed a joint lawsuit against the City, claiming rights to the boat yard.
Commissioner Teele: OK. They lost. But the question is, in my-- the only question I want to know is, of
the 10 or 12 people -- Mr. Attorney, Madam Director, Mr. Manager, of the 10 or 12 people, are any of those
10 or 12 people or tenants current or were they current or can they be current in terms of not only the
financial obligation, but any other rights that you may have had, such as, you know, to keep a light on at
night or whatever?
Mr. Vilarello: Commissioner, with regard to one issue-- and perhaps, Miss Abrams can tell you whether or
not they're paying rent. I don't know. But with regard to the agreement that they entered into, they agreed
that on November 1 st...
Commissioner Teele: I understand, to vacate.
Mr. Vilarello: ...they would vacate the premises. So, anybody who's still there from those original is in
violation of what they agreed to.
Commissioner Teele: I understand that. I understand that. But I'm very persuaded by what Commissioner
Regalado is saying. That was an arbitrary date. That was a date that was drawn based upon some contracts.
We had no idea that the Oversight Board would kick back the contract. I mean, until that developer is here
to say I am ready to break ground, I don't think we ought to be arbitrary or mean spirited about this, if the
people are paying the money and if the people are in compliance with the agreement. There's nothing wrong
with us allowing them to stay on a day-to-day -- I would even give them a month -to -month, and that's not a
23 November 17, 1998
violation of the court order by the way. You know, we've got to be careful about these staff people who
come up here and start making misstatements. If we, as a Commission -- we're the plaintiff -- if we, as a
Commission, agree to let them stay, were not violating a court order. And that needs to be clear, Mr.
Attorney. And the staff said that we would be in violation of the court order.
Mr. Vilarello: Commissioner, one, we were the defendants in a lawsuit and we were successful. Two, at the
last Commission meeting this City Commission approved the development agreement that provided that we
would give this property, free and clear of these tenants, within the six month due diligence period that they
have. These individual tenants have shown an inability to comply with our rules and regulations and...
Commissioner Teele: So, the only question I'm asking, are the four people that are outside of this, are they
going to remain?
Mr. Vilarello: They've been given notice, as I understand, 90 days, pursuant to the dockage agreement they
have and they've agreed that at the end of that 90 days, they'll leave.
Commissioner Teele: So, the four people are going to remain?
Mr. Vilarello: At least four. There's others...
Commissioner Teele: And the only question I'm asking is, of the 10 or 12, are there any of those people
who are current with their financial obligations, who have met all the other terms, other than the fact that
we've already told them to leave?
Ms. Abrams: No, there are not.
Commissioner Teele: I mean, I support the management just based upon the fact -- not that they filed a
lawsuit because I don't think someone who avails themselves of their constitutional rights in this country
should ever be penalized.
Mr. Brennan: Mr. Teele.
Commissioner Teele: But if they are not meeting the contractual obligations, that is, the financial
obligations, without regard to the lawsuit or without regard to the fact that we want them to leave at such and
such a time -- because, as far as I'm concerned, when I hear you saying we're going to let four people stay
for 90 days, then the question in my mind is why can't five stay or six stay? And the fact that we use the
argument that we agreed to give the developer the property -- if we agreed to give him the property without
tenants, then we agreed to give him property without the four tenants. So, I am going to support you. But
I'm supporting you primarily on the fact that they haven't met their financial obligations.
Mr. Brennan: May I comment on that?
Commissioner Teele: Their contractual agreement, not that they filed a lawsuit..
Vice Chairman Plummer: We're losing something in this country...
Mr. Brennan: May I comment on that? You're right.
Vice Chairman Plummer: ...where they're going to tell the City what they are going to do. Mr. Brennan,
you had your time. If there's no action by this Commission, the previous action stands.
Mr. Brennan: You have an issue where...
Vice Chairman Plummer: Mr. Brennan, sir, you have had your time.
Mr. Brennan: Not fair, J.L.
Vice Chairman Plummer: Now, is there a...
24 November 17, 1998
Commissioner Teele: Mr. Chairman, I would like to hear from the gentleman
Vice Chairman Plummer: Mr. Brennan, you're asked by Commissioner Teele
Commissioner Teele: Thirty seconds.
Vice Chairman Plummer: Set the clock.
Mr. Brennan: The monies are available in the bank. The City has rejected payments from some of these
people. Everybody's a little bit different. Each case is a little bit different but the money's available. The
City has rejected their attempts to pay rent.
Vice Chairman Plummer: People who refuse to comply with the court order are in contempt. This-- by the
way, Mr. Teele...
Commissioner Teele: That's not true, J.L. Just as a matter of law, that's not true. A judge has got to rule
that they're in contempt. You and I don't get to rule that they're in contempt. The simple fact that someone
does not comply does not mean that they're -- a judge has to rule that they're in contempt and they hold a
hearing to determine that. That's not a unilateral decision under the constitution.
Vice Chairman Plummer: Well, I will accept my-- wisdom of my colleague, who is a lawyer, OK, but I
want you to...
Commissioner Teele: I'm not the lawyer for this board.
Vice Chairman Plummer: I want you to remember that this is not the first lawsuit. The first lawsuit was
when they told us what the hell we could do with our marina. This is the second lawsuit. The first one was
not hostile. As you said, without question, they had the right to go to court and get a determination and they
did and they were on a month -to -month basis, OK.
Commissioner Teele: But, J.L., I don't understand. If somebody -- if he's telling the truth, and I have no
reason not to believe him...
Vice Chairman Plummer: Absolutely telling the truth.
Commissioner Teele: If Mr. Brennan is telling the truth, I have -- I just don't understand why we have to be
mean spirited. If they want to pay their money to the City and we're in-- we're under the Oversight Board,
we're begging, looking, shuffling around for money, without regard to the history, J.L., without regard to
who's a nice guy and who's connected and who's not, why don't we just take their money, with the lawyer
making sure that the agreement, to the extent it's a day-to-day agreement is drafted, that they have to go. I
mean, if they're going to pay back for two years and stay for two weeks, that seems like a good business
deal.
Vice Chairman Plummer: You know why, because in six months they're going to be in court again and
we're not going to have the property turned over and, as far as I'm concerned, are we going to run this City
or the people in that marina are going to run this City?
Commissioner Teele: J.L., as far as I'm concerned...
Vice Chairman Plummer: They had an agreement.
Commissioner Teele: ...we ought to run this City with the view of getting every dollar we can from the-- to
protect the citizens.
Vice Chairman Plummer: Do you know, Mr. Teele -- tell Mr. Teele how much money -- rent we get from
these people.
Ms. Abrams: Between a hundred and fifty a month and two fifty.
25 November 17, 1998
Vice Chairman Plummer: Yeah, at the maximum.
Commissioner Teele: How much arrears do we have that they would be paying us?
Ms. Abrams: They have made no offer to pay the arrears.
Commissioner Teele: So, that's not true that the money is in escrow?
Ms. Abrams: That is not true. That is not true.
Commissioner Teele: Well, I'm with the Manager.
Vice Chairman Plummer: Hey, the floor is open for a motion.
Commissioner Sanchez: Move.
Commissioner Gort: There's no motion.
Vice Chairman Plummer: I'm sorry?
Commissioner Gort: There's no motion.
Vice Chairman Plummer: No motion. It's just, they're out, OK. Item 6.
Commissioner Regalado: I just want to say that we need to have on the record that the administration is
committed to keep that place secure.
Vice Chairman Plummer: Absolutely.
Commissioner Teele: Well, I would like to move this. I would like to move that the Manager be-- and the
Manager and the City Attorney jointly be authorized to allow any existing tenant to remain there if, in their
judgment, they don't represent a threat to the agreement with Mr. -- what's his name? Lima. And in the
Manager and the Attorney's judgment, it's in the best interest of the City.
Vice Chairman Plummer: Motion made by Teele. Is there a second?
Commissioner Regalado: Second.
Vice Chairman Plummer: There is a second. Any further discussion?
Commissioner Sanchez: Discussion.
Vice Chairman Plummer: Discussion. Mr. Sanchez.
Commissioner Sanchez: Yes. You know, we -- basically, we have three things here. One is, they have not
met the contractual agreement. They have taken us to court in the past and we are obligated-- and let me
warn you that we are obligated to turn over the property free and clear. Those are three things that you take
into consideration here.
Vice Chairman Plummer: Call the roll.
Mr. Vilarello: Mr. Chairman.
Vice Chairman Plummer: Mr. City Attorney. You know, I can't believe we're taking this much time.
Mr. Vilarello: I just would like to advise the Commission that my recommendation is to proceed with the
Writs of Possessions. I don't want to leave this meeting with the Commission thinking that I have a
different...
26 November 17, 1998
Commissioner Teele: And to proceed with the Writ of Possession
Mr. Vilarello: Because if we end up in further litigation on this item, I will need the six months to make sure
I can...
Commissioner Teele: And to proceed with the Writ of Possession.
Vice Chairman Plummer: Call the roll, please.
Commissioner Sanchez: Is that for the motion that Teele made?
Vice Chairman Plummer: His motion is to allow them to stay with the Writ of Execution.
Commissioner Teele: No, my motion is not to allow them to stay. My motion is-- look, we have a dispute
as to whether they've got cash up to pay the City and if they're going to pay the City two years back rent to
stay for a month, that's a good deal for the City. But that's not my call. That's the Manager's call and the
Attorney's call. But if they both don't agree that any one person should stay-- all we're providing is a form
and a due process for people to go before the Manager and the Attorney and to determine whether their
circumstance is unique. I fear that we're painting everybody with a broad brush and I think there may be
some good guys, some arch diocese or some Presbytery facility there that may not should be painted with a
broad brush. I don't see any...
Vice Chairman Plummer: I'm sorry. Call the roll. Sir, thank you. Call the roll
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 98-1110
A MOTION AUTHORIZING THE CITY MANAGER AND THE CITY
ATTORNEY TO ALLOW ANY EXISTING TENANT CURRENTLY AT
DINNER KEY BOATYARD TO REMAIN ON SAID PREMISES, PROVIDED
THAT SAID TENANT(S) DO NOT REPRESENT A THREAT TO MR. LIMA
(FUTURE LEASE HOLDER WHO INTENDS TO BUILD AT SAID
FACILITY) AND IF IN THE MANAGER'S AND THE ATTORNEY'S
JUDGMENT IT IS IN THE BEST INTEREST OF THE CITY OF MIAMI;
FURTHER INSTRUCTING THE CITY ATTORNEY TO PROCEED WITH
THE WRIT OF POSSESSION.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
NAYS: Vice Chairman J.L. Plummer, Jr..
Commissioner Joe Sanchez
ABSENT: None.
Vice Chairman Plummer:. Motion passes three to two. We'll live to regret it.
Vice Chairman Plummer: Item 6. Olga Fraga.
Commissioner Teele: No, but he's going to go forward with the Writ of Possession.
Vice Chairman Plummer: Hey, Mr. Teele, history tells you the future. At least it does me. I lived through
the Cuban Museum. I lived through that fire house and you know what, we still don't have control over it.
27 November 17, 1998
Commissioner Teele: Then file a Writ of Possession.
Vice Chairman Plummer: All right. Mrs. Fraga, are you present.
Ms. Olga Fraga: Yes.
Vice Chairman Plummer: Hello there.
Ms. Fraga: Hi. I'm Olga Fraga. I'm Executive Director of the Coconut Grove Chambers at 2820
McFarland Road, Coconut Grove.
Vice Chairman Plummer: You understand, all we can do is give you the right to go to the beverage
department to get a license?
Ms. Fraga: Exactly.
Vice Chairman Plummer: You also understand that the street will not be closed?
Ms. Fraga: This is for Taste of the Grove. It's not for the Super Sports Spectacular. Taste of the Grove, we
are -- is the one street closure of the month.
Vice Chairman Plummer: All right. Is there a motion?
Commissioner Gort: Move it.
Vice Chairman Plummer: Motion by Gort. Seconded by Regalado. All in favor, say "aye."
The Commission (Collectively): Aye.
Commissioner Plummer: Show it passed.
Ms. Fraga: Thank you.
28 November 17, 1998
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-1111
A RESOLUTION RELATED TO THE TASTE OF THE GROVE FESTIVAL,
CONDUCTED BY THE COCONUT GROVE CHAMBER OF COMMERCE,
TO BE HELD ON JANUARY 23-24, 1999, AT PEACOCK AND MYERS
PARKS, IN COCONUT GROVE; AUTHORIZING THE CITY MANAGER TO
ISSUE A THREE-DAY PERMIT FOR THE SALE OF ALCOHOLIC
BEVERAGES DURING SAID EVENT, SAID AUTHORIZATION
CONDITIONED UPON THE ORGANIZERS: (1) OBTAINING ALL
PERMITS REQUIRED BY LAW, INCLUDING BUT NOT LIMITED TO A
TEMPORARY PERMIT TO SELL ALCOHOLIC BEVERAGES AND
TOBACCO, PURSUANT TO SECTION 54-13 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED; (2) PAYING FOR ALL
NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES
ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE TO
PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY
MANAGER OR HIS DESIGNEE; (4) INSTITUTING AN IDENTIFICATION
PROGRAM TO ASSURE THAT ONLY THOSE INDIVIDUALS OVER THE
AGE OF TWENTY-ONE MAY PURCHASE ALCOHOLIC BEVERAGES; (5)
ADVISING ALL ADJACENT BUSINESSES, PROPERTY OWNERS, AND
RESIDENTS OF STREET CLOSURES ASSOCIATED WITH SAID EVENT;
AND (6) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS
MAY BE PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
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: Item 7 is a second reading. Was moved originally by Sanchez. Seconded by
Regalado. This is in reference to service fees. Mr. City Attorney, read the ordinance. Anyone wishing to
speak on the ordinance? Hearing none, call the roll.
29 November 17, 1998
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE IV,
DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, ENTITLED "ADMINISTRATION, DEPARTMENTS,
PLANNING, BUILDING AND ZONING DEPARTMENT", TO
ESTABLISH INSPECTION AND SERVICE FEES FOR TRANSFERS
OR CHANGES OF NAMES FOR CERTIFICATES OF USE; MORE
PARTICULARLY BY AMENDING SECTION 2-207(A);
CONTAINING A REPEALER PROVISION, A SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting of September 8, 1998, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Commissioner
Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Commissioner 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. 11721.
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 8 is a second reading of an ordinance relating to the creation of an additional
Code Enforcement Board. It was moved by me and second by Gort. Anyone wishing to discuss the issue?
Ms. Anne Carlton: I do.
Vice Chairman Plummer: You do. Yes, ma'am. Is this a public hearing?
Mr. Alejandro Vilarello (City Attorney): Yes, sir.
Vice Chairman Plummer: It's a public hearing. Yes, ma'am. This, of course, will be coupled with Item 9,
which is Commissioner Teele's request as to the effectiveness of the Code Enforcement Board.
Ms. Carlton: As you ... first of all...
Vice Chairman Plummer: First of all, your name and mailing address, please.
Ms. Carlton: Right. My name is Anne Carlton. I sit on the Code Enforcement Board. I live at 743
Northeast 80th Street in Miami. As you all know, I've been on the board for a number of years. The thing
30 November 17, 1998
that bothers me about the board is that we are given people who are on the board who are not qualified. We
are also...
Vice Chairman Plummer: Excuse me.
Ms. Carlton: Just a moment. I'm getting to that.
Vice Chairman Plummer: Excuse me. Anne, speak to the first item, which is Item 8, that is the creation of a
new board.
Ms. Carlton: OK. Now...
Vice Chairman Plummer: Now, if you want to speak to nine, you've got to wait.
Ms. Carlton: OK. On 8, I'm not particularly advised about what the creation of the additional boards will do
and what effect it will have on the board that's in existence right now.
Vice Chairman Plummer: OK. I'll be glad to tell you. It was my request that this board be created for the
purposes of that which the City Manager has charged a committee, of which I happen to be on the
committee, and that is to address the issues of lot clearing, abandoned automobiles, illegal dumping and
there's a fourth one. I can't remember. In other words, your board is full right now and has a plate that is
full.
Ms. Carlton: That's right.
Vice Chairman Plummer: What this second board would do would only address those issues, as I just
outlined -- and I can't remember -- what's the fourth? Unsafe structures. I'm sorry.
Ms. Carlton: All of that's...
Vice Chairman Plummer: By the way...
Ms. Carlton: Then -- go ahead. Then I'll buy what you're saying.
Vice Chairman Plummer: Senator Jones, at the meeting of the Town Hall in-- well, I can't refer to it as
West Grove anymore. In the Grove on Douglas Road.
Commissioner Teele: On the west side.
Vice Chairman Plummer: West end, all right. Indicated, as a Senator, he was going to look at and possibly
introduce, in our behalf, a -- what's the board? The Unsafe Structures Board in the City. When we found
out that how slow the Unsafe Structures Board was in the county, how much it was costing, and the
demolition for the 22 months, 24 months, so this is a board that would address only those issues. Nothing to
do with what you are presently doing as a Code Enforcement Board.
Ms. Carlton: All right. I'll buy that.
Vice Chairman Plummer: All right. Now...
Ms. Carlton: I think it's very good. Go ahead.
Vice Chairman Plummer: All right. Now, anybody else on eight?
Mr. Chuck McEwan: Commissioner.
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Sir. Chuck.
31 November 17, 1998
Mr. McEwan: Chuck McEwan, 450 Southwest 30th Road. And, as of the last meeting, I am the Chairman
of the Code Enforcement.
Vice Chairman Plummer: My condolences.
Mr. McEwan: Thank you very much. Well taken. My question — it's a great idea because it will take some
of the load off of us.
Vice Chairman Plummer: Absolutely.
Mr. McEwan: But who's going to bring these cases in front of this other board?
Vice Chairman Plummer: All right, sir. I wish you'd asked me that before the meeting so we didn't take up
all the time.
Mr. McEwan: Oh, I didn't know.
Vice Chairman Plummer: We are starting a cadre of people under WAGES (Work and Gains Economic
Self -Sufficiency Coalition). These people will be the ones who will go out and post the property. These are
the ones who will bring this matter of non compliance to the board.
Mr. McEwan: Are these like the NET (Neighborhood Enhancement Team) inspectors?
Vice Chairman Plummer: They will be inspectors, as such. And Commissioner-- Raul will have to sit you
down and explain it to you, yes, sir.
Mr. McEwan: OK.
Vice Chairman Plummer: Anybody can be an inspector if certified by...
Mr. McEwan: Right. I was the one — I brought it up the last time, that some people can be deputized by the
Manager.
Vice Chairman Plummer: OK. On Item 8. Let's get that one behind us.
Commissioner Gort: Mr. Plummer.
Vice Chairman Plummer: Mr. Gort. I'm sorry.
Commissioner Gort: I think it's important to explain there's a difference in inspectors. There are certain
inspectors that have to have certain qualifications and they have to have certain training and background
before they can -- this is just take a stick and measure the grass. I mean, anybody can do that.
Vice Chairman Plummer: That's right.
Mr. McEwan: You'd be surprised.
Vice Chairman Plummer: Well, let me tell you, there's going to be some ordinances that are going to be
forthcoming here, that's going to be amazing to you. We found an ordinance in Coral Gables. They're
posted once a year. Once a year. We don't have to post them any other time. When it gets 18 inches, it's a
hundred dollar ($100) fine or 20 percent. We're going to cut it to put a lien.
Mr. McEwan: That's a great idea.
Commissioner Regalado: Got a question.
Vice Chairman Plummer: And, Commissioner Teele, we want you to know, sir, that we, in fact, are
working diligently on trying to create companies in the Overtown area and local people who can apply to
Miami Capital to get a grant of money to, in fact, buy the equipment to put them in business and let the local
32 November 17, 1998
people be responsible for doing the work. Mr. Regalado.
Ms. Carlton: I think that's wonderful.
Commissioner Regalado: I got a question. Mr. City Attorney or maybe the City Clerk. Can some of the
board members that we have now serve in this board?
Mr. Vilarello: I believe there are two separate boards. Two separate board members for each.
Commissioner Regalado: I'm sorry?
Mr. Vilarello: The board members must be appointed by this City Commission to serve on each board,
independently. You can't have a member serve on both boards.
Commissioner Regalado: OK. And the question is why?
Mr. Vilarello: I believe there is dual office holding provisions. They're individually chartered code-- City
code provisions for each board.
Mr. McEwan: How would it be a dual office if we're dealing with the same thing, code?
Mr. Vilarello: The City Commission has created two separate boards. Each board and each appointment to
each board is specific and you would hold office for each board. I'd be more than happy to look at it in more
detail but off the top of my head, I think that you have two separate boards and you have to have two
separate set of board members.
Vice Chairman Plummer: All right. You'll report back to us on that matter.
Mr. McEwan: Could I -- Mr. Plummer.
Commissioner Teele: May I just follow up? Is the requirement or the prohibition on dual office in the
charter or in the code?
Mr. Vilarello: It's in the constitution.
Commissioner Teele: Of Florida?
Mr. Vilarello: State of Florida.
Vice Chairman Plummer: OK. Read the ordinance, please.
Mr. McEwan: Is there any way, Mr. Plummer, before he reads the ordinance -- because I just brought up
something in my mind. Is there going to be any feedback between that board and us? Because a lot of times
these cases are intertwined.
Vice Chairman Plummer: There should be communication between the two boards, absolutely.
Mr. McEwan: Because...
Ms. Carlton: Then we should have more open communication. We don't have it. We should have it.
Vice Chairman Plummer: Well, there will be. If I have anything to do with this second board, and I think I
will, there will be communication.
Commissioner Sanchez: Would it be a violation of the Sunshine law...
Ms. Carlton: If not, you're going to hear from me.
Commissioner Sanchez: ...if the two boards met?
33 November 17, 1998
Vice Chairman Plummer: Read the ordinance.
Commissioner Teele: Is there going to be discussion on this?
Vice Chairman Plummer: Oh, I'm sorry. There was.
Commissioner Teele: Well, you have these gentlemen-- this gentleman here and...
Vice Chairman Plummer: He spoke already.
Commissioner Sanchez: OK. No. Listen, take...
Unidentified Speaker: No, we're here for the next item.
Vice Chairman Plummer: They're there for Item 9, Mr. Teele.
Commissioner Teele: May I just inquire about one thing, Mr. Attorney?
Vice Chairman Plummer: Of course.
Commissioner Teele: Mr. Chairman. This board, is it limited to lot clearing or does it have all of the
powers of the existing Code Enforcement Board?
Mr. Vilarello: It has all of the powers of the existing Code Enforcement Board.
Commissioner Teele: So, in effect, this is not a lot clearing board? This is a second Code Enforcement
Board?
Vice Chairman Plummer: Yeah, it has to be.
Mr. Vilarello: It's limited by policy only.
Commissioner Teele: OK. The cost of the board is sixty thousand dollars ($60,000)
Vice Chairman Plummer: No, it will not cost that much for the simple reason, we will be...
Commissioner Teele: J.L.
Vice Chairman Plummer: I'm sorry.
Commissioner Teele: J.L., look, we're dealing with a memorandum from the Manager-- and I don't think
it's going to cost anywhere near that but I think, you know, what we've got to do is be good legislators and
basically -- you know, I saw this before with a board that was being proposed, where the number was a
hundred thousand or whatever it was and then it went immediately down by 70 percent, then it went down
another 10 percent. Can we get a cost statement of this board and the methodology for determining the cost
of this board, as required by ordinances now?
Mr. Donald H. Warshaw (City Manager): Yes, sir, Commissioner. The reason there's no cost analysis is
that this ordinance just allows the Commission to create the board. Once you actually start making the
appointments and actually create the board, we will cost it out based upon what you're going to delineate in
terms of what the board is exactly going to do, whether we need an attorney, how much staff we need,
etcetera, etcetera.
Vice Chairman Plummer: Mr. Teele, I would be very disappointed if this board did act out of the four items
of which I have outlined.
Commissioner Teele: But it's not limited?
34 November 17, 1998
Vice Chairman Plummer: Obviously, you can't, all right. But the intent, without question, is to assist
Commissioner Teele: Oh, I don't agree. I think we can limit this board if we were to choose to. That's not
my intent. This is your legislation and I would support anything that you want to do on this. But if the intent
is to limit it, then I would urge you to do it. If the intent is to leave it open, then I would urge you to leave it
alone.
Vice Chairman Plummer: At the City Attorney...
Commissioner Teele: But I think my question is -- because I will tell you, I don't agree at all with the
statements that have been made. We are creating a board now. Once this passes in 30 days, this board will
be created.
Vice Chairman Plummer: Correct.
Commissioner Teele: And our ordinance requires that there be a cost associated with the creation of the
board, not with the appointment of board officials, not with the appointment of board officials. Now, Mr.
Attorney, you need to opine on this because this is new law that I'm hearing.
Mr. Vilarello: This ordinance allows the City Commission to create another Code Enforcement Board.
Commissioner Teele: It doesn't create it itself?
Mr. Vilarello: It creates...
Commissioner Teele: This ordinance does not create a Code Enforcement Board?
Mr. Vilarello: Until the board members are appointed, the staffing is put into place, it won't be put into
place. But this is all the legislation that's necessary to create a new Code Enforcement Board.
Commissioner Teele: That's exactly what I said. And, therefore, what's the cost associated with this board
as required by ordinance? Our ordinances require that we have a cost for the board and that it identify the
funding source for this board.
Vice Chairman Plummer: Mr. Teele, if you would like, I have no problem with this being deferred until the
next meeting.
Commissioner Teele: No, I don't think we ought to defer this. I think this is important legislation but I just
think that the Management ought to do what the ordinances say do.
Vice Chairman Plummer: Mr. City Attorney.
Mr. Vilarello: Yes, sir.
Vice Chairman Plummer: The problem, Mr. Teele, where they're at a handicap is, they're not aware that
we're using WAGES personnel.
Commissioner Teele: How could they not be aware and you be aware? I mean, who's running
Vice Chairman Plummer: Well, because they don't sit in on a committee meeting, sir, OK?
Commissioner Gort: Excuse me.
Vice Chairman Plummer: I'm sorry.
Commissioner Gort: I think this is very simple. I think the -- somehow -- who is submitting the sixty
thousand that is in the memo?
Vice Chairman Plummer: Where did it come from? I don't know.
35 November 17, 1998
Commissioner Gort: Where did the sixty thousand come from?
Commissioner Teele: It came from the management and budget. Budget and management.
Vice Chairman Plummer: I did not prepare it.
Mr. Warshaw: The sixty thousand dollar ($60,000) figure was a rough estimate of what it cost to staff a
board that needs an attorney and needs other staff support. Sixty thousand dollars ($60,000) is a ballpark
figure. As Commissioner Plummer pointed out, it's not exactly a hundred percent clear what this board is
going to do, as opposed to what it has the legal authority to do.
Commissioner Teele: Well, let me just tell you one thing, Mr. Attorney and Mr. Manager, we're going to
have equality around here. If one board can get created like this, with this kind of gooly goo (phonetic)
voodoo economics, then all of the boards are going to be created that way. We're not going to have a senior
Commissioner and a junior Commissioner standing around here. Because I got to tell you something, this is
a board being created. I fully support it. It's going to cost money and, at the end of the year, when
everybody says where did the money go, OK, it's up to us -- because we are the legislative body that
authorizes and appropriates funds. And what we're doing in doing this board is we're appropriating sixty
thousand dollars ($60,000) or that amount that it takes to do it. I fully support it. But what I'm saying here,
J.L, is that when the other board was being created, there was a whole lot of discussion and we had to have
the money. It went back and forth and all of that. This board's coming forth. There's no discussion. I'll call
the question but I still think there are a lot of issues. Is the code enforcement attorney going to be the
attorney for this board or is the City Attorney going to be it?
Vice Chairman Plummer: City attorney.
Mr. Vilarello: I believe the cost estimate is based on the Code Enforcement Board, the new one having its
own attorney. The Commission might not know, there's different ways to handle that. The City Attorney
can advise the board...
Commissioner Teele: That's why I said the methodology.
Mr. Vilarello: But that's administrative -- those are administrative issues. That wouldn't be encompassed
within the ordinance.
Commissioner Teele: No, that's not the question. The question is, the basis of the sixty thousand dollars
($60,000) and the methodology for it. That's not administration -- administrative. That's legislative.
Because in creating this board, we are also appropriating the funds necessary to operate this board, whether
we do it properly or we do it the old fashioned way of just doing it the way we're doing it now.
Vice Chairman Plummer: OK.
Ms. Carlton: The thing that bothers me about this whole thing is, you're creating a board -- and what
Commissioner Plummer has mentioned -- for the sole purpose of what I wasn't aware of. And you're open
ending it. That means, if you're going to open end it, what's it going to do to us?
Mr. McEwan: Commissioner.
Vice Chairman Plummer: You know, I'll tell you, Anne, just so you know, in Item 9 we're possibly going to
-- we're going to abolish your board.
Ms. Anne: That's what I kind of figured you were going to do and that's wrong. That's why I'm here.
Vice Chairman Plummer: Well, that's, you know-- no, no, no. By virtue of what is happening, that is what
we're talking about. Mr. City Manager.
Ms. Anne: That's what I thought. Go ahead.
36 November 17, 1998
Mr. Warshaw: Just want to point out, Commissioner, in your package there is a memorandum that does
address the issue of costs and does deal with the fact that the sixty thousand dollars ($60,000) would come
from fines that were generated by the board. But, again, it would require an exact analysis of appropriation
of the funds but there is — we did back this up with a cost analysis in waiting to see exactly what this board's
going to do to make that more finite.
Vice Chairman Plummer: Mr. City Attorney I have a question, sir.
Mr. Vilarello: Yes, sir.
Vice Chairman Plummer: Can we limit the powers of this board to the four areas that I indicated?
Mr. Vilarello: Yes, sir. But the reason...
Vice Chairman Plummer: Then I would so...
Mr. Vilarello: ...we didn't was based on my recommendation that board the have all of the powers
authorized under the state statute so that we don't have to change legislation in the future if it's necessary to
balance the needs of...
Vice Chairman Plummer: We can do that if we have-- and I would ask that this...
Commissioner Teele: J.L, to yield to that point. But he could propose a resolution that would instruct the
management to only forward certain cases to this board.
Mr. Vilarello: That would-- as an alternative, I would prefer.
Commissioner Teele: As an alternative to amending the legislation.
Vice Chairman Plummer: OK. All right, all right. I don't want anybody to think I'm here playing games.
I'm not. I'm trying to accomplish something that this City cries out for. And what we're doing right now
with Raul is working. What you're going to see some absolutely great, great things happen. Hopefully, right
after the first of the year.
Mr. McEwan: Could I suggest something, Commissioner?
Commissioner Teele: What are the four areas?
Vice Chairman Plummer: The four areas, lot clearing, unsafe structures...
Commissioner Sanchez: Abandoned vehicles.
Vice Chairman Plummer: ...abandoned vehicles and illegal dumping. Those are the four areas.
Commissioner Sanchez: Unsafe structures.
Mr. McEwan: Commissioner, could I offer something?
Vice Chairman Plummer: Sure.
Mr. McEwan: Maybe this is a way out. We have two meetings a month. Why don't we have a third
meeting to deal with all these things that this board is going to deal with. I've been told that it'll - the cost of
the one meeting will be about ten thousand a year because you can use the same people pretty much, and
we'll just deal one meeting a month with all these things and, you know...
Vice Chairman Plummer: Chuck, I would ask...
Mr. McEwan: I'm just ... this is just a suggestion.
37 November 17, 1998
Vice Chairman Plummer: OK, I hear you. And maybe that might be in the long run if we approve that that's
what needs to be done but, at this time, it is the Committee's thought that they would like to have a board that
would address just their four issues. All right. Mr. City Attorney, would you read the ordinance, please?
Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 2/ARTICLES X AND XI,
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED "ADMIMSTRATION/CODE
ENFORCEMENT AND BOARDS, COMMISSIONS", TO ALLOW
THE CITY COMMISSION TO CREATE ADDITIONAL CODE
ENFORCEMENT BOARDS; MORE PARTICULARLY BY
AMENDING SECTIONS 2-811, 2-812 AND 2-892; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting of September 28, 1998, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Plummer, seconded by Commissioner
Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11722.
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: To my colleagues on the City Commission, you'll be addressing today an issue
buying two more tractors, which will be used for the lot clearing. They're the tractors that are specially
designed to walk in and walk out of a lot clearing program. And that will be coming from the money of the
five hundred thousand dollars ($500,000.) of the community development money addressing the areas of
blight.
Vice Chairman Plummer: OK, we're on Item 9. Item 9 is a discussion of the effectiveness of the Code
Enforcement Board. Mr. Teele, you brought this...
Commissioner Teele: Commissioner Plummer, you made reference to the fact that we would be abolishing.
Vice Chairman Plummer: No, I said that was a potential.
Commissioner Sanchez: Potential possibility.
38 November 17, 1998
Commissioner Teele: J.L., I really haven't been here that long but I am very much guided by some of the
thoughts that you have on this. I really would like, if you would, to give me your best and candid view or
understanding that -- you know, I don't have the opportunity to talk to you, other than in this room, and this
obviously may be uncomfortable for some but we...
Vice Chairman Plummer: I will be as...
Commissioner Teele: ...we need to understand what are these issues that may-- that you may be aware of,
that some of us, that have just gotten here, may not be fully aware of.
Vice Chairman Plummer: Thank you, Mr. Teele. Let just say to you, sir, that my urging all the way has
been to give that board respect and I don't feel that that board has, in fact, exercised their authority to
command the respect that they should. And I use that in the idea that this board is primarily in cases to
address, are the parties guilty or not guilty? If they are in violation of code enforcement, they're guilty and
should be fined, - given the opportunity to, in fact, correct it. But, Mr. Teele, they have the ability to assess a
fine of five hundred dollars ($500) a day. They don't have to do that. That's the maximum. But what we
have seen -- and if you'll go and I would ask that the Manager forward to you -- where fines have been
levied for 12, 14, 18 thousand dollars. And one in particular, the one that sticks out so vivid in my mind was
a fine on an apartment house of forty-two thousand dollars ($42,000), in which the City Attorney, who is the
only one who can, in fact, modify a fine, recommended twenty-nine thousand and they let this guy off the
hook, as I recall, for four.
Commissioner Teele: For four thousand?
Vice Chairman Plummer: For four thousand, yes, sir. Now, if you look the other day, in which a case — and
I watch this on cable, OK. You see the other day a guy on Miami Avenue or Miami Court and 14th Street
came before the Code Enforcement Board...
Commissioner Teele: J.L., let me understand this. Did this happen within the last year or two? Are we
talking...
Vice Chairman Plummer: Yeah, yeah, OK. Now, you look at the fact that this guy on 14th Street came up
and was being charged with a building that was unsafe, was as blight and was everything else and, Mr.
Teele, you and I would not have sat there and let that man berate us as he berated that board. I mean, he just
told that board where to go and where to stick it. And, I mean, until, finally, one member of that board
finally had it up to here and put that man down, he made that board look like a fool.
Ms. Anne Carlton: Thank you.
Vice Chairman Plummer: And I want to tell you something, that's the kind of thing that I'm saying. When
you levy a fine, you levy a fine. Now, I know it's been said — and I'm not going to address the issue of what
the problem is with two members of the board. I'm not going to even touch that issue. I think, though, the
issue is the same issue that I'm raising. The problem that I'm looking at very simply is not to put people out
of their house, as it's been said, but there are liens... be applied to these fines that, in fact, would go against
the house. You don't put them out of their home but at the day that that house is sold, the City recoups its
money from a fine that has been applied. If, in fact, the fine is two hundred dollars ($200) a day for
noncompliance and the fine totals by finally compliance that, in fact, it's twenty thousand dollars ($20,000),
that's the fine. That's the fine. I mean, if you're going to give these people clout, they've got to have the
clout to say this is the way it's going to be.
Commissioner Sanchez: Mr. Vice Chair.
Vice Chairman Plummer: This City Commission established, Mr. City Attorney, we established a procedure
and a formula that's not really being followed and that is, that on fines, where possible, the first non
compliance month they could only reduce it by 10 percent. The second month, 20 percent. The third
month, 30 percent and fourth month, 40 percent and the procedure to start foreclosure. There's only been
two. Now, all I'm saying to you is, code enforcement is to bring about code compliance. The board has got
the ability; the board has the tools, but the board is not, in my opinion, is not exercising the respect that they
should have, the respect they should get, and it's a very simple thing. You are in violation. You're fined.
39 November 17, 1998
You either pay your fine. We put a lien against or we foreclose. And that's all that I'm saying.
Commissioner Sanchez: Mr. Vice Chair.
Vice Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: It's easy to say that when a lot of the properties that are in violation are in District
3.
Vice Chairman Plummer: Yes.
Commissioner Sanchez: Now, I would love to see people that are on a fixed income and probably living
below the poverty level come up here and you slap a twenty thousand dollars ($20,000) fine on them. The
only thing that you're going to do, in the long run, is put a lien on their property. In other words, you're
never going to get a penny of it.
Vice Chairman Plummer: Oh, sure.
Commissioner Sanchez: So, let's be a little intelligent here. You're right, there's been some fines here, two
hundred thousand dollars ($200,000), and they come in front of the board and the board is reasonable with a
kind heart but when they walk out of here paying a two thousand or three thousand dollar ($3,000) fine, it's
two or three thousand dollars this City did not have in the long run and the violations are being fixed. So,
yeah, it's just like going to traffic court. You may be caught speeding and your ticket may be two hundred
and eighty bucks but if you're not a criminal and you don't have a tainted record, you can walk out of there
with twenty-five dollar ($25) court fee. It's just the same thing. And on the other matter, because of the two
bad apples in a bunch, we don't wipe out the bunch. And I'm here to say that -- and I look at most of the
fines come from my district, District 3. I will stand up here and defend my district, the people that elected
me to represent them. I will not support a board that comes here and if you have a violation, you come in
here and you're a good citizen, probably never had a ticket in your life and they're going to wipe you with a
five hundred dollar ($500) per day, you know what you're going to be doing? You're going to be taking a lot
of homes away from people and that I will not be a part of. So, I continue to support the board. I think they
do need to get a little more aggressive. But, you know what, every now and then you can't go by the books.
You've got to go with your heart.
Vice Chairman Plummer: Mr. Sanchez, would you be surprised, sir, if I tell you that day in and day out they
handle cases that have been in code enforcement for four years, for three years, for two years? I mean these
are...
Ms. Carlton: Mr. Plummer, may I interrupt you?
Vice Chairman Plummer: ...ongoing code enforcement scenarios that have been before the board and they
are four years old. They're five years old. I mean, the idea that they have put in two hundred million dollars
($200,000,000) in fine is the greatest joke in the world. My colleagues wish to make-- Mr. Gort.
Commissioner Gort: Mr. Chairman. You know, one of the things that you have to understand, in following
what Commissioner Sanchez was stating is, a lot of times some of the fines that was put on this individual
was very ridiculous amount. You had homes at a value of fort} -five thousand dollars ($45,000.) with two
hundred and fifty thousand dollars ($250,000) fine. I think we made a statement once, that the fine should
go in accordance to the value of the home and I don't know how you will calculate that. But, at the same
time, I think the violations of three or four years, something needs to be done. Because one of the things we
need to do in here -- one of the biggest problems that we have is that the laxation that we've had for the last
10 years in enforcing the code enforcement. That's why our neighborhoods are the way they are and they're
deteriorating. So, in order to bring it back, we do have to enforce the code but, at the same time, by
enforcing the code, we've got to make sure we do the right fine. I don't have any problem with the present -
like you were saying, somebody might have been fined twent}Ffive thousand dollars ($25,000) for those
people and they might come out with maybe a fine of five thousand. For those people, those five thousand
dollars ($5,000) might be a lot greater than what you think it is. So, you know, I think we need - and I think
those cases that are repetitious, that keep coming back to us, they need to be looked at and something must
be done with us. But I think, like you have a lot of people, unfortunately, they buy property. They don't
40 November 17, 1998
realize they have a -- and that's why we wanted to pass that ordinance with -- whenever you sell a home,
you've got to have a City inspector go by to make sure they're in compliance with City code.
Ms. Carlton: I'll buy that.
Vice Chairman Plummer: So offered again. Mr. Gort, all I...
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: If I may. Mr. Gort, the only thing I want to tell you, sir, is that the person
basically — if you listen to the Code Enforcement Board as I do, the major cases they handle are people who
have put illegal structures, have built in the set -back, those people are not innocent. Those people
knowingly did what they knew they were not supposed to do. And I'm telling you, that, in fact, what you're
doing, you are setting a pattern to say what you did is fine and we'll allow you to do it because we're not
going to be the ones who's going to crack the whip on you. And I'm saying to you, all I'm asking is the Code
Enforcement Board enforce the code and it's not happening. People are walking out that door laughing at
code enforcement.
Mr. McEwan: Mr. Plummer?
Vice Chairman Plummer: We had a forty dollar ($40)...
Commissioner Teele: Mr. Chairman.
Commissioner Sanchez: Mr. Chairman.
Commissioner Regalado: Mr. Chairman.
Commissioner Sanchez: Mr. Chairman, would you yield?
Vice Chairman Plummer: All right. Of the three of you, you take your choice.
Commissioner Sanchez: OK.
Commissioner Teele: Joe.
Commissioner Sanchez: One of the things is -- and I want you to understand this. If five hundred dollars
($500)...
Commissioner Teele: Mr. Chairman, could you get the Sergeant of Arms or somebody to go out there and
get these people ... you can't...
Vice Chairman Plummer: We normally have about four policemen around here. Now, Mike Shapiro's
going to have to go crack the whip. Mike, give'em hell.
Commissioner Teele: When the Mayor gets here, you'll have them.
Commissioner Sanchez: Mr. Vice Chair, these fines are five hundred dollars ($500) a day. They add up
pretty quickly. Now, there are rules and regulations that we should all apply with but when people come in
here in front of this board with a hundred thousand, two hundred thousand dollars ($200,000) on a property,
I think that it's in the best interest of the board to try to get as much money as they can out of the violation
and correct the problem. Because if you don't — if it was my home, you could put all the charges you want.
You could give me all the fines in the world. You're never going to get my house. And that board is a
self-sufficient board.
Vice Chairman Plummer: We will when you die or you sell it. You die or we'll sell it. We'll get our money.
Commissioner Sanchez: No, you won't.
41 November 17, 1998
Mr. McEwan: Do you really want to own all these properties? We need this direction from you
Commissioner Teele: Excuse me. Excuse me. J.L.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: I want to be very clear about this. I'm going to defer to your views on this to the
extent that I really am trying to understand. And there is some history here and, as I said yesterday, we all
stand in the shoes of those that have come before us. Now, if your goal is to create a second board and
basically start fresh, I support it. I will support you. I don't know if it may be just the two of us. It may be
three or four. I heard Commissioner Sanchez. But what I do think is this, there are clearly some allegations
-- and I think everyone is entitled to a full presumption of innocence, without regard to any allegations --
however, I also think that the board of the City of Miami of this magnitude, that is imposing fines and fees,
should be operating independent of any clout and those two statements, as you said yesterday, may sound a
little bit like Claude Pepper but, again, I take that as a compliment. He was one of the greatest men I ever
worked for. But I do think every person in this country is entitled to a full presumption of innocence...
Vice Chairman Plummer: Absolutely.
Commissioner Teele: ...as it relates to their individual person but, at the same time, I also agree that any
board that is handing down fines and fees on behalf of the City should be operating independent and outside
of any cloud or any clout. And I would will support the creation of a new board to replace the old board, if
that's what you would propose to do. But I would hope that we would not do that today but do it in
December, if that's your choice, because I think those individuals should be afforded the opportunity to
remove themselves from the board, which would be the normal process that they should be afforded the
voluntary opportunity to do that. Now, J.L., I think it's real easy to blame these boards and I've listened but I
haven't heard one thing that you need to help me understand.
Vice Chairman Plummer: OK.
Commissioner Teele: What instructions -- what directions have we, as a Commission, given to these
boards?
Vice Chairman Plummer: The policy which I outlined before.
Commissioner Teele: Well -- and I agree with Joe Sanchez. I agree that you can go into a speeding court
with a judge, a real judge, who's a magistrate, who understands the law, and walk out of there-- go in with a
two hundred and fifty dollar ($250) ticket and be guilty and walk out with a twentyfive dollar ($25) court
cost. And the question is this, have we simply passed an ordinance, Mr. Attorney, or can we pass an
ordinance that would require every board to not have the ability to waive the costs of the --
Vice Chairman Plummer: Can't do it.
Mr. McEwan: Can't do it.
Ms. Carlton: Can't. That's silly.
Commissioner Teele: Well, wait a minute.
Vice Chairman Plummer: State statute.
Commissioner Teele: How many lawyers do we have in here?
Ms. Carlton: Can't. I'm sorry. Go ahead.
Mr. McEwan: Violating state law.
Vice Chairman Plummer: State statute.
42 November 17, 1998
Commissioner Gort: Everybody wants to be a lawyer.
Commissioner Teele: Are we limited by the law, the constitution, state statute in our ability to direct that the
costs of the administration -- that is, the same way as you go into traffic court, the judge doesn't waive the
costs of the court normally. Can we do that legislatively?
Mr. Vilarello: The discretion to determine administrative costs rests with the board. This Commission has
established a policy -- perhaps, Ms. Fernandez can give you the particulars -- that limits the board's ability
to reduce fines to a certain percent.
Commissioner Teele: My question is, can this board, by ordinance or legislation, establish a minimum cost,
administrative cost, not a fine now, but the costs, and basically direct that those costs may not be waived?
The cost, the administrative cost of coming forward.
Mr. Vilarello: The City can, and through its prosecutor, request that the board impose a particular
administrative cost.
Commissioner Teele: But we can't legislatively do that?
Mr. Vilarello: The board has the discretion to impose it or not.
Commissioner Teele: But we cannot legislatively do that?
Mr. Vilarello: No.
Commissioner Teele: Could you just give me a written opinion to that effect, please, on that one issue?
Mr. Vilarello: Yes.
Commissioner Teele: Secondly, have we, as a matter of policy, passed any resolutions instructing the City
Attorney -- I mean, the counsel or the special counsel to have an ongoing request that the board at least
cover the administrative costs of that action?
Vice Chairman Plummer: No.
Mr. Vilarello: I don't know.
Commissioner Teele: Can we do that legislatively?
Vice Chairman Plummer: Sure.
Mr. Vilarello: You want to pass a motion directing the counsel to the board to do what?
Commissioner Teele: To maintain and renew at each board hearing the policy that the board at least collect
the administrative costs, without exception, for the cost of presenting the case. That is, the administrative
costs based upon the Manager's -- based upon the Manager's allocation of what this cost would be. I don't
know if it would be twenty-five dollars ($25) or fifty dollars ($50) but whatever it is, can we at least
establish that as a floor?
Ms. Teresita Fernandez (Assistant Executive Secretary/Hearing Boards): May I say something here?
Vice Chairman Plummer: No.
Mr. Alejandro Vilarello (City Attorney): Yes, you can, Commissioner.
Commissioner Teele: Mr. Attorney.
Mr. Vilarello: You can pass such a motion, yes, sir.
Vice Chairman Plummer: OK. Mr...
43 November 17, 1998
Commissioner Teele: And the other point is the extreme, which has been pointed out. We obviously then
cannot state, by ordinance, that you can't fine in excess of 90 percent or 75 percent.
Vice Chairman Plummer: Oh, no, no, we've already done that. In other words, we have limited to the
amount of the City Attorney's ability to reduce the fine that has been imposed. And I think it's important to
note, Mr. Teele, the fine is usually not imposed until after they have given the applicant 30, 60, 90, 120 days
to come in compliance and it's after giving them that amount of time that the fines start running.
Commissioner Teele: Final question.
Vice Chairman Plummer: So, they have the right to come in compliance and no fine.
Commissioner Teele: Final question. What is the amount of fines that are owed and outstanding, that have
been imposed by the Code Enforcement Board?
Ms. Fernandez At this point -- my name is Teresita Fernandez from the office of Hearing Boards. At this
point it's approximately fifty-two million.
Vice Chairman Plummer: You see, that's the joke.
Commissioner Teele: Fifty-two million dollars ($52,000,000)?
Ms. Fernandez: But, Mr. Teele, it has been lowered from a hundred and ninety-six.
Vice Chairman Plummer: Yeah, it originally...
Commissioner Teele: So, it's been lowered from a hundred and ninety-six million dollars ($196,000,000)?
Vice Chairman Plummer: Million.
Ms. Fernandez: To fifty-two.
Commissioner Teele: Now, let me ask this final question. We just passed last Commission meeting a debt
collection agency, is that right?
Vice Chairman Plummer: Yes.
Commissioner Teele: Is that right? Didn't we just pass-- is the finance or the -- it was one of those unique
deals.
Vice Chairman Plummer: A collection agency, yeah.
Commissioner Teele: Did we not just pass a debt collection? Did we or did we not?
Vice Chairman Plummer: There was two.
Commissioner Teele: We have not.
Mr. Raul Martinez (Assistant City Manager): Commissioner, I think you're talking about the fire rescue
debt collection that was sent back for negotiations.
Commissioner Teele: No, no, no, no.
Vice Chairman Plummer: No, it was another one.
Commissioner Teele: No. We -- I thought we had, before the Commission...
Mr. Vilarello: The City Commission-- there was one for EMS, separately from the EMS. I'm advised that
44 November 17, 1998
the City Commission, at the last meeting, rejected that RFP (request for proposal).
Commissioner Teele: OK. Well, the only thing that I would ask is that when the RFP is written, that this
code enforcement be transferred over to a debt collection. Once it's been done, we need to get it out of here
because everybody comes back and starts wiggle worming and begging. And, you know, we need to
transfer the debt collection to a third party because we'll give it back away.
Vice Chairman Plummer: My biggest argument is the fifty-two million dollars ($52,000,000). Let me say
for the record. Mr. Teele, it is no intention that I want to replace the members of this board, OK. They are
good people. They volunteer their time and I mean a lot of time. All I'm asking is that they demand and
receive the respect that they should have. Again, I wish to caution you. Not caution you. I wish to inform
you that, sir, no fine is imposed if the people come under compliance. That is what the whole key. If they're
given 90 days, 120 days and they've come in compliance with the code, there is no fine.
Commissioner Teele: You don't have to raise anymore taxes. I'd say with fifty-two million, we don't have
to raise anymore taxes.
Vice Chairman Plummer: All right. Chuck-- excuse me. I want to make -- oh, yeah. Hey, we could all
have a big party. Mr. Teele, I want to make one other thing and then I'll allow anybody else. At the last
Commission meeting we requested the City Manager to study the issue of code enforcement and to come
back with strong recommendations of how we can make this a better board. Don't let anybody, even though
it's out there being said, that I'm trying to destroy the people on the board. I mean, that's normal politics
around here but the one that was making the most noise about that won't be around to make any more noise.
Mr. Manager, all I'm saying to you, sir, I still say the same. Come back to this Commission, tell us how we
can do what...
Commissioner Regalado: Mr. Chairman.
Vice Chairman Plummer: ...we need to do to make this board more enforceable. Mr. Regalado.
Commissioner Regalado: I'll be brief because I -- you know, I was surprised to hear that we were here even
to consider abolishing this board. No one informed me and I didn't have any idea. I know that there are two
members of the board who may have problems but if that is the case, then we should go ahead and abolish
the City Commission because we have two members that had problems in the past. I hear what J.L says in
terms of, you first are told to comply and then you get fines. But I watch this board meeting on television.
Sometimes, when I'm around, I sit over there and watch. What I see here, it's -- there are no, like
Commissioner Teele says, Gucci lawyers but people. I mean, poor people. People that cannot comprehend
what's going on. The other night there was a Haitian lady that could not even understand what has been
said. There was a old Cuban lady also and I think that, yes, we should go after the people who do not
comply because we need to bring this City back to what it was and what we want it to be. But I think that
the main reason of this board to exist is to make people comply, not to punish people. And I would, for one,
support the board. I know that we have many good people on the board. I know personally, personally, for
many years some of the members of the boards and I will tell you that the only thing that they want to do is
the right thing and I'm really proud of my appointments in the board. Jackie has been great and I think that
-- and Chuck, which I didn't appoint, but has been a friend for many years. And I think that you're doing a
great job. And I just wish that we can go past this. I just wish that these boards will try to help people and if
they don't comply, well, that's their problem but they've get to be told exactly what is going on. Because,
you know, you have a case law that sometimes people don't even know what's going on and they don't
understand. Those who act in bad faith, let's go after them but don't count on me to abolished this board.
Ms. Carlton: Thank you very much.
Commissioner Gort: I don't think there's any questions that we're going to abolished this. I think we have
enough people here that would like to maintain it. I think what we're trying to do is get the Manager to get
back and sit down with them and give them some more tools to work with.
Mr. Martinez: Yeah. And, Commissioner, if I may. Raul Martinez, Assistant City Manager. Under the
direction of the Manager, we have put together a working group, which includes two Assistant City
Managers, the Law Department, the department for the board and the NET (Neighborhood Enhancement
45 November 17, 1998
Team) program and we're looking at the Code Enforcement Board and we're looking at what other cities
have in the code. We're looking at the effectiveness of the board. We've heard that the board has been
working real good in the last few months or in the last year, how they reduced the fines from a hundred
ninety-six million dollars ($196,000,000) to fifty million dollar ($50,000,000). We're looking at training
for code inspector officers, so that they do a better job when they present a case. So, there's a whole mix of
things that we're looking at and we hope to come back to the Commission in the first or second meeting in
January and make some complete recommendations. If there has to be any policy decisions, if there has to
be any changes in the code, if there has to be any changes in anything else, we'll come back to this
Commission and make recommendations.
Vice Chairman Plummer: So be it.
Commissioner Gort: OK.
Vice Chairman Plummer: Also, while you're on that, Mr. Martinez, I'll go to a different subject very
quickly. I've sent you a memo, sir. We've asked you to do the same thing with the NET offices and I'm
going to tell you, your memo to this City Commission that, in fact, is April the 29th you're going to make
your last visit to the last NET office is totally unacceptable to this Commissioner. We're looking for major
changes in the NET offices. Major changes.
Mr. Martinez: Commissioner...
Vice Chairman Plummer: Thank you.
Mr. Martinez: ...this is listed as a discussion item for the December 8th Commission meeting.
Vice Chairman Plummer: So be it. OK. Chuck, you've got anything else to say?
Mr. McEwan: Well, there is four of us that are board members. We've been getting beat on sideways here.
Vice Chairman Plummer: OK.
Mr. McEwan: I think we ought to come out and say something on behalf of ourselves. I'll yield to --
Vice Chairman Plummer: Can I make this suggestion?
Mr. McEwan: I'll yield to Anne.
Vice Chairman Plummer: All right. Can I make this suggestion?
Ms. Carlton: Go ahead.
Vice Chairman Plummer: That the four of you, whoever's involved, sit down with Raul...
Mr. McEwan: I was going to suggest that.
Vice Chairman Plummer: OK. And sit with him. You know what we're trying to accomplish. I think that
we all want to try to accomplish the same end.
Ms. Carlton: That's right.
Vice Chairman Plummer: OK. And you come in concert with Raul, sit down, give him your ideas, and then
come back to the City Commission and make your peace at that time.
Ms. Carlton: OK.
Vice Chairman Plummer: That's my suggestion.
Ms. Carlton: That's fine.
46 November 17, 1998
Mr. Vilarello: Mr. Chairman.
Vice Chairman Plummer: Mr. City Attorney.
Mr. Vilarello: Just to make sure, they are all members of one board. They cannot meet jointly unless it's in
a Sunshine.
Vice Chairman Plummer: So, he'll have to publicly notice the meeting.
Commissioner Gort: Yeah.
Vice Chairman Plummer: That's fine. No problem.
ms. Carlton: Exactly right.
Vice Chairman Plummer: Is that agreeable?
Ms. Carlton: Yes, it is.
Vice Chairman Plummer: OK. Thank you very much for being here. Continue to accept my thank you for
the job that you do. You know, all I'm saying to you is, I think we're all trying to accomplish the same thing.
Mr. McEwan: I just have one minor comment, then I'll get out of here. I want to go home.
Vice Chairman Plummer: Your minor comment.
Mr. McEwan: On the fines, we ask for property values before we impose a fine. We cannot fine -- and
there is no way that the City wants to own a fifteen thousand dollar ($15,000) piece of property with a
hundred thousand or two hundred thousand or four hundred thousand dollar fine. We are better off -- and
this is my humble opinion -- getting a thousand, two thousand dollars from this homeowner, clear the
property of any violations, and get him out of here. The people are off the hook and the City's off the hook
and all this paperwork is out of the way.
Vice Chairman Plummer: Chuck?
Mr. McEwan: And the administrative costs within our board, even though we don't have a set number, but
the set number inside all our own heads up there is twenty-five hundred dollars ($2500). That's the
administrative costs.
Vice Chairman Plummer: I disagree with-- administrative costs, fine. That goes without saying, regardless
of the issue of yes or no. If they're guilty, twenty-five hundred as administrative costs, that has nothing to do
with the fine. I think twenty-five hundred administrative costs should be collected. If that's the number that
you can justify as an administrative cost, that should go without any question. When you go to court, as my
Trooper Joe says, you fine Mr. Sanchez is thirty dollars ($30) and twenty-three dollars ($23) court cost, OK.
Thank all of you for being here.
Mr. McEwan: Thank you.
47 November 17, 1998
Vice Chairman Plummer: The next item is Item 10.
Commissioner Regalado: Mr. Chairman, Mr. Chairman.
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Can we possibly take Item 20 because...
Vice Chairman Plummer: Sir, all you have to do is request it.
Commissioner Regalado: All right.
Vice Chairman Plummer: Item 20 is the next item. The establishment of the Community Relations Board.
Mr. Regalado.
Commissioner Regalado: Mr. Chairman, this is something that I think is important for the City. The
Community Relations Board has been working throughout Dade County the past decades with a tremendous
impact in our community. Several months ago Mrs. Adora Obi Nweze came here and she brought the idea
for the City to create this board. She's here now. Adora is the former chairman of the Community Relations
Board of Dade County and I was wondering, Adora, if you can tell the Commission why is it that you came
to the City and suggested that we should have this board. And what you said made a lot of sense and I
thought, at that time, that all the members of the Commission will share that. Good morning.
Ms. Adora Obi Nweze: Good morning. Thank you.
Vice Chairman Plummer: For the record, your name and mailing address, please.
Ms. Nweze: My name is Adora Obi Nweze. My mailing address is 2545 northeast 214th Street.
Vice Chairman Plummer: Now, stop. Mr. City Clerk, can you spell that last name?
Ms. Nweze: Capital N-W-E-Z-E. Thank you so much, Commissioners. I'd like to take this opportunity to
encourage you to look seriously at creating a Community Relations Board. The purpose of the Community
Relations Board is to foster mutual understanding in and among racial, ethnic, religious, economic and social
groups. That's the first part of it. It is both proactive and it can be reactive, if necessary. But we're hopeful
that Community Relations Boards in this community will be proactive, in that they will reduce tensions,
provide forums, provide activities and programs that will help the community to get along with itself. That
is, we have so many different groups here in the City of Miami. We are like a salad bowl and there is a need
for the salad bowl to be able to dialogue and to be able to discuss things so that we won't have to have any
outbreak. I remember the city of St. Petersburg a couple of years ago, when there was an outbreak, the
Commission said, "We wish we had established a program through a Community Relations Board in
advance because it would have been so much cheaper rather than to wait for an outburst." But the purpose is
to be proactive.
Vice Chairman Plummer: Mr. Regalado. Hello.
Commissioner Regalado: Yes, sir.
Commissioner Gort: Commissioner.
Commissioner Regalado: I have not yet-- oh, I'm sorry. I'll yield to Commissioner Gort.
Commissioner Gort: One of the reasons we took TUCOM (The Unity Council of Miami) off is I wanted to
check some of the things. And then, when we can bring the two together, and I think it will be an excellent
48 November 17, 1998
idea because this is the same goals and the same ideas. So, that's something we can do. We've had some
seminars where we have found some and identified some common denominators where we can bring people
together and the unions have been working with us. For example, we started using dominos. We got a lot of
the people that played dominos, especially the old folks, they come together, they got to knowing each other
socially and that has created a very good environment, so -- and I think that firefighters had got involved and
that's something I think we'd like to bring it together.
Commissioner Regalado: This board, I think it's important. I think it has worked in the county. Recently,
south Miami established a board and it's going very well. South Miami, mind you, we all know had a little
problem.
Ms. Nweze: Yes. Greatly reduced tensions.
Commissioner Regalado: Right. So I -- and I think that what Adora said, it's important to listen to. The
City of Miami probably is the only municipality who has so many nationalities within because, if we look,
we have so many groups that are within the city limits and so many forces, we think, in the city limits and I
think that -- so I am really pleased that you came with that idea and I'm sure that this Commission is
committed to create this board.
Vice Chairman Plummer: Tony.
Mr. Tony Rodriguez: Tony Rodriguez, President of Miami FOP (Fraternal Order of Police). And 1,
Commissioner Regalado, just want to state that we support the concept of this board. We have been a, for
lack of a better word, a founding member or an original member of this Domino Bridge Committee, which
has done tremendous things to bridge our community and to bring people of all ethnic backgrounds together
in a festive atmosphere, which is, as I'm sure we all know, the best way to learn about each other instead of
through troubled times, which, of course, we've had to many of in the past and, fortunately, we've been able
to overcome many of those. My only concern -- and it's more in the way of a question -- is, how will the
process be and when, if you can educate me on this? Will the powers, the duties of this board and things of
the like be established? I will tell you that we would like to be in some way involved. Our main concern is,
we want to make sure that while this board is very positive for the community-- and we clearly want to take
part in any way that we can bring more of our community together -- we want to make sure that we don't
move either directly or inadvertently into a direction of a Civilian Review Board and certain things that that
have clearly failed in other areas, in other agencies in the past. So, I would just like to raise that point to you.
I'm not -- I'm certain that's not your intent, Commissioner. I just Aould caution you that sometimes these
things end up going in that direction and we want to help this flourish and be a positive part of our
community and of the City and that's something that may end up being adversary and something that we
might not, of course, support.
Vice Chairman Plummer: I think Commissioner..
Commissioner Regalado: Basically...
Commissioner Gort: Tony, one of the reasons I pulled the item out today is because whatever we do, I want
to make sure the FOP and the other unions get involved because you guys have been very helpful in putting
the Domino Bridge together. And this is the one thing that we learn with the seminars that we had in the
past, that we had to find common denominators where we can bring our communities together.
Mr. Rodriguez: Absolutely.
Commissioner Gort: And the one we found right away was the Domino and that's worked out real good, so
I'm sure...
Commissioner Regalado: But this -- excuse me. To answer your question, this is exactly tailored to what
the County has. It would have 18 members, all of whom shall be entitled to vote. the Mayor and each
Commissioner having three nominations...
Vice Chairman Plummer: eighteen? How about five?
49 November 17, 1998
Commissioner Regalado: Plus, ex-officio members. And the reason for this is that we have so many
communities and I believe that all the members of the Commission have the right to appoint some people. I
don't think that this board will put the police on trial. I don't think so. I think that they have not done so in
the County.
Ms. Nweze: May I speak to ... may I speak to that?
Commissioner Regalado: Yeah. But if there is a situation where there's an action by the police, the board
would address that. And it's very simple. Last -- yesterday we had a meeting in the Miami Arena and had
the Commission not act the way it did, it would have looked different, and this is why we need some kind of
citizens working. These citizens are not going to be judges to judge the way that the police or the
government functions. These are going to be people that are going to work around the community. I
remember, as a reporter, as a reporter, I cover the Liberty City riots and I -- my life was saved by Reverend
Ralph Albernathie, who pulled me out of a burning Channel 7 car. And that was a long time ago. I was a
very young reporter and I remember that all these people went in the community and they were very
agitated, trying to calm people down. And I -- you know, I think its a good thing. I think that what
Commissioner Gort has done with the Dominos is great. I think it brings communities together. And I think
that we need this. And I didn't know it was pulled though but I...
Commissioner Teele: You pulled it?
Commissioner Gort: Not this one, the other one.
Commissioner Regalado: Oh, the other one.
Commissioner Gort: Not this one.
Commissioner Regalado: But if we can go ahead and vote or, if we want to....
Commissioner Gort: Move it on first reading.
Commissioner Teele: Commissioner.
Vice Chairman Plummer: Yes.
Commissioner Teele: Before you move it. You know, Tony is only doing what, I guess, his members
instruct him or pay him to do and that is, these boards frequently have turned into Police Review Boards.
Mr. Rodriguez: Precisely.
Commissioner Teele: And I've seen that. I don't think that's bad.
Mr. Rodriguez: I do.
Commissioner Teele: I know you do but I don't think it's bad. But I think we can agree on this, we need, I
believe, to institutionalize the role of the police and some community organizations on this board, if we're
going to be sincere. Now, let's put this on the table. Every major civil disturbance in Miami in the 80's--
and we had what major? Three or four?
Vice Chairman Plummer: Four.
Ms. Nweze: Three.
Commissioner Teele: Four major ones. Every major civil disturbance. I'm talking about disturbances that
cost the City over ten million dollars ($10,000,000).
Vice Chairman Plummer: Million a day.
Commissioner Teele: Began first in Overtown. Every one of them.
50 November 17, 1998
Ms. Nweze: That's right.
Commissioner Teele: And, secondly, three of the four were directly triggered...
Vice Chairman Plummer: Simultaneously.
Commissioner Teele: Were directly triggered by incidents relating to police. So, I mean, we can talk
around this thing -- and I don't want to take this into a police review board. I respect your position.
Mr. Rodriguez: I would hope not.
Commissioner Teele: No, no, no. Hold it, Tony.
Mr. Rodriguez: Commissioner, who else -- I mean, how else would those type of things start? Firefighters
are going to hose someone to death?
Commissioner Teele: Well, they could start a lot of ways.
Mr. Rodriguez: I mean, you know, let's be real. The Police Department does a job that is inherently
controversial sometimes.
Commissioner Teele: But, Tony, this is not about the Police Department. I mean-- because, if I were, you
know, it would be another issue. Because I've got to tell you one thing, as long as that police empowerment
lot is in Overtown, there's going to be problems. I'm going to tell you that right now. And I will personally
lead a demonstration to remove that lot because that's not right. And nobody wants it on Brickell. Nobody
wants it on Biscayne. But it's not -- this board is not about that but we need to have a forum where these
issues, fire issues and all other issues related to community tension, religious issues, this board is much
bigger than that. Bigger than what we're talking about. But in a gesture of what you're saying-- and I don't
want you to think we're going to do something and run -- I would recommend to the makers of this
ordinance that we reduce this to five appointments from the Commission.
Vice Chairman Plummer: Absolutely.
Commissioner Teele: And that we institutionalize the PBA (Police Benevolence Association) as being a
member.
Mr. Rodriguez: The who?
Commissioner Teele: I'm sorry. The F...
Mr. Rodriguez: Wrong department.
Commissioner Teele: The FOP.
Mr. Rodriguez: Unless you want to have...
Commissioner Teele: That we institutionalize the NAACP (National Association for the Advancement of
Colored People) or PULSE (People United to Lead the Struggle for Equality) or whatever else and one other
organization so that we have some institutional diversity that are real shareholders in the basic issues that we
want to make sure that we're dealing with. I don't think we ought to talk around it.
Mr. Rodriguez: No, I...
Commissioner Teele: Would you agree that the FOP, if we were to institutionalize it, should be an
institutional member of this board?
Mr. Rodriguez: Well, let just say this. Absolutely. But let me just address a couple of comments. First of
all, let me -- let's not talk around it and let me be very, very clear on the record to all of you and all of the
51 November 17, 1998
community. We are not, in any way, shape or form, in support of a Civilian Review Board or anything close
to it. We have enough review of the Police Department in every shape and form for the things that we do. I
don't mind anybody reviewing the actions that we do. The fine men and women of the Miami Police
Department do an outstanding job day in and day out. We're not concerned about that. But experience has
shown that Civilian Review Boards of police and fire have had an adverse impact instead of a positive
impact in communities where it's been tried. So, I will tell you clearly, clearly, now on the record-- and we
won't talk around it -- is, we will be very closely monitoring what powers, should this occur, we definitely
want to be involved and we will be very closely looking at what kind of powers this board will have.
Commissioner Regalado: Tony, can I ask you just...
Ms. Nweze: May I say something?
Commissioner Regalado: Ms. Nweze. Can I --
Ms. Nweze: May I respond when you finish, sir?
Commissioner Regalado: Yeah, sure. Can I ask you if you know how many times Miami -Dade County
Community Relations Board had made the police case an issue?
Mr. Rodriguez: No, I don't know yet but I will. I'm sure you know that I will. I will educate myself and all
the people that work with me and support me.
Commissioner Regalado: I mean, but listen, Tony.
Mr. Rodriguez: And I will assure you that...
Commissioner Regalado: But listen, Tony.
Mr. Rodriguez: ...next time we talk about this, we will have the information.
Commissioner Regalado: Do you think -- first of all, I don't understand -- do you think that if there was a
police case that were to be analyzed by the Community Relations Board, it would not have been printed in
the front page of the local newspaper?
Mr. Rodriguez: Perhaps.
Commissioner Regalado: No, perhaps not. I'm a journalist. Certain-- see racial...
Mr. Rodriguez: So, you're telling me that everything that's printed on the front page of the newspaper is
factual? Absolutely not, Commissioner. And that's the problem. See, that's the problem.
Commissioner Regalado: I'm not talking about factual. I'm talking about something that happened. A fire
in the Miami Arena is news. As a Community Relations Board handling a police brutality case is news.
You will see it. It doesn't matter whether it's true or not but I'm talking about facts. I don't have the facts but
I'm surprised that you think that this has intention of being a police review board. I'm really surprised.
Vice Chairman Plummer: Can I...
Commissioner Teele: Commissioner Regalado, there area lot of...
Mr. Rodriguez: Well, let me be very clear, in case you misunderstood me.
Vice Chairman Plummer: Can I...
Mr. Rodriguez: ...I said that I thought that was not your intention and I would hope that's not your intention.
Commissioner Regalado: No, no, you don't hope. No, no, no.
52 November 17, 1998
Mr. Rodriguez: What you're saying is not what I want to hear. You're actually saying that perhaps that
wouldn't be a bad thing.
Vice Chairman Plummer: Time out. May I make a suggestion, Mr...
Commissioner Regalado: Excuse me, I didn't say that. I didn't say that.
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: No, excuse me, excuse me. First of all, I didn't say that.
Mr. Rodriguez: Good. I just wanted to be clear.
Commissioner Regalado: And second, I'm really surprised, not to say offended, that you thought that my
intention in creating this was to have a police review. Because I've been a friend of the Police Department.
Any, every time in this board that a police issue has come up, I have supported it. And, mind you, you know
very well that during election time, I did not get the support of the police, which is nothing. That doesn't
make any difference at all. I have supported the police.
Mr. Rodriguez: To some.
Commissioner Regalado: I have supported the police. I have supported this Chief when Mayor Suarez
wanted to fire him and I don't...
Mr. Rodriguez: And we appreciate that.
Commissioner Regalado: You know, I really don't think that it's fair that you even think that I'll be after the
Police Department with this board. I don't know where you got that idea.
Mr. Rodriguez I can clarify that for you right now, Commissioner.
Commissioner Regalado: Would you?
Mr. Rodriguez: Let me just be very clear once again, for the third time. As a matter of fact, I prefaced my
comments by saying that I don't think that is your intent. I just wanted to make it very clear on the record
and I said that to begin with. However -- and I want to know, is that your intent?
Commissioner Regalado: Well, it is not my intent.
Mr. Rodriguez: OK. Then put...
Commissioner Regalado: My intent was to bring some stability but I would rest my case. I have-- Adora, if
you...
Vice Chairman Plummer: Thank God.
Commissioner Regalado: Well, set the clock for me and for J.L. See who talks more.
Vice Chairman Plummer: Commissioner Gort, I think, has the best suggestion of the last 30 minutes...
Commissioner Regalado: He always has the best suggestion.
Vice Chairman Plummer: ...that we do it and pass it on first reading.
Commissioner Regalado: No, no. I understand it. But-- no, no, no, no.
Vice Chairman Plummer: Before second...
Commissioner Regalado: But this is not about first reading. J.L., this is not about first reading.
53 November 17, 1998
Vice Chairman Plummer: Before second-- if you'll listen to me.
Commissioner Regalado: This is about one respected police officer who stands there and think that I am
trying to...
Vice Chairman Plummer: He never said that.
Commissioner Regalado: Yes, he did.
Mr. Rodriguez: I'll clarify it a fourth time, Commissioner, if you want me to.
Commissioner Regalado: Yes, he did. Yes, he did. Yes, he did. And I'm -- I really feel bad about it
because I thought that I was trying to do something to help the community. ButAdora, how many times...
Ms. Nweze: First of all, that is a complete misrepresentation of what the Community Relations Board is
about. This Police Department from the City of Miami has worked cooperatively over the years, for 35
years, with the County's Community Relations Board. There is a sub -committee that's called Law
Enforcement that's completely manned by police officers. The whole intent of the Community Relations
Board is to reduce the amount of work the police officers have to do in the community when tension arises.
It's a complete opposite of what you're saying. So, you really need to take a look at the role of the Police
Department. And I would think that this will be something the Police Department for the City of Miami
would proudly embrace because they've been doing the work all along with the County.
Vice Chairman Plummer: All right. I'm going to make a suggestion.
Mr. Rodriguez: And that's all I want to just clarify. That's what we hope it does.
Vice Chairman Plummer: We're going to pass this on first reading. Before second reading, Commissioner
Regalado is going to have a workshop with all people and all parties who could or want to be involved
before second reading comes back to this Commission. Now, I think that there should be delineated powers.
I'm glad that somebody pointed out 18 members, which I think is an unwieldy board. I think, like
Commissioner Teele's idea, that one member should be of the Miami Police Department. I understand
Tony's fear, that a number of times in the past that, in fact, community relations...
Commissioner Gort: Did you set the time-- did you set the clock?
Vice Chairman Plummer: ...has served as or wanted to be a Civilian Review...
Commissioner Gort: Two minutes.
Commissioner Regalado: J.L.
Commissioner Gort: Two minutes.
Commissioner Regalado: We need to move on.
Vice Chairman Plummer: Oh, you dirty guys. I want to tell you. So, my suggestion is, pass it on first
reading. Before second reading, Commissioner Regalado will call for a workshop to all parties involved,
then we'll have the second reading.
Commissioner Gort: Make that a public... I'd like to participate because we had a visit from the chairman of
the Community Relations Board from the County.
Vice Chairman Plummer: Any and all parties that are interested would attend.
Commissioner Gort: Which I think they would like to work with us also.
Vice Chairman Plummer: It is first reading. Mr. City Attorney. Item Number Two Zero. Call the roll.
54 November 17, 1998
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, before you call the roll, I would ask the makers or the authors of the
ordinance, Commissioner Regalado and Commissioner Gort, who's monitoring this, to determine whether
SALAD (Spanish American League Against Discrimination), the NAACP (National Association for the
Advancement of Colored People) and/or PULSE (People United to Lead the Struggle for Equality) and the
FOP would be the three organizations that should --
Commissioner Regalado: SALAD is...
Commissioner Teele: Could be sort of institutional representatives so that we can just move past that point.
Commissioner Regalado: Salad is a much needed organization.
Commissioner Teele: Not for the purpose of a mending now, but just to think about it.
Vice Chairman Plummer: I understand. I would think, though, that we should have at least three members
on there of the City Commission's appointments.
Commissioner Teele: We would have five appointments.
Vice Chairman Plummer: OK. Call the roll.
Mr. Walter J. Foeman (City Clerk): That's moved by Commissioner Gort?
Commissioner Gort: Yes.
Mr. Foeman: Seconded by Commissioner Regalado?
Vice Chairman Plummer: No, just the opposite.
Mr. Foeman: OK.
Commissioner Teele: Moved by Regalado.
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 2/ARTICLE XI OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ADMINISTRATIONBOARDS, COMMITTEES, COMMISSIONS, TO
ESTABLISH THE COMMUNITY RELATIONS BOARD; TO SET FORTH
SAID BOARD'S PURPOSE, POWERS, AND DUTIES; TO 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 10, CONSISTING OF SECTIONS 2-1150 THROUGH 2-
1153, AND AMENDING SECTION 2-892 OF SAID CODE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
55 November 17, 1998
was introduced by Commissioner Regalado, seconded by Commissioner Gort, and was passed in first
reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Vice Chairman Plummer: Item number 10. This is a pocket item, to be reviewed by the City Manager
before they come before the City Commission.
Commissioner Gort: Move it.
Vice Chairman Plummer: It is moved by Commissioner Gort.
Commissioner Teele: Second.
Commissioner Regalado: Second.
Vice Chairman Plummer: Seconded by Commissioner Teele. Read the ordinance. Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE II, OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "MAYOR AND CITY COMMISSION", BY AMENDING
SECTION 2-33(E) CONCERNING POCKET ITEMS, TO PROVIDE
THAT LEGISLATION ASSOCIATED WITH SUCH ITEMS BE
PRESENTED AND REVIEWED BY THE CITY MANAGER AND
CITY ATTORNEY IN ADVANCE OF THE MEETING AT WHICH
THE ITEM WILL BE PRESENTED; CONTAINING A REPEALER
PROVISION; A SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE.
56 November 17, 1998
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 adoption. On motion of Commissioner Gort, 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. 11723.
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: Let me ask my colleagues. Would you rather work another half hour...
Commissioner Gort: Yes -- no.
Vice Chairman Plummer: ... now and come back at three...
Commissioner Regalado: Yeah.
Vice Chairman Plummer: ...or go at 12 and come back at 2:30?
Commissioner Teele: Now.
Commissioner Regalado: Now, yeah.
Vice Chairman Plummer: Now for another half-hour?
Commissioner Regalado: Yeah, yeah.
Vice Chairman Plummer: Item Number 11. It's moved by Commissioner Teele. Seconded by
Commissioner Gort for second reading.
Mr. Alejandro Vilarello (City Attorney): Commissioner, the City...
Vice Chairman Plummer: Any -- in reference to special meetings being able to be called by the Mayor or
three members of this Commission.
Mr. Vilarello: The Commission amended this at the last meeting to provide its presiding officer of the
Commission can call the meeting.
Vice Chairman Plummer: That's fine. It's so amended.
Mr. Vilarello: The ordinance reflects that, the memo didn't.
57 November 17, 1998
Vice Chairman Plummer: Read the ordinance. Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 2/ARTICLE II, OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "MAYOR AND CITY COMMISSION", BY AMENDING
SECTION 2-33(J) CONCERNING THE CALLING OF SPECIAL CITY
COMMISSION MEETINGS, TO PROVIDE THAT A SPECIAL
MEETING MAY BE CALLED UPON THE WRITTEN REQUEST TO
THE CITY CLERK BY EITHER THE MAYOR, OR THE PRESIDING
OFFICER OF THE CITY COMMISSION, OR THREE
COMMISSIONERS; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
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 adoption. On motion of Commissioner Teele, seconded by Commissioner
Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11724.
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 12, in reference to fees of the Building Department.
Commissioner Gort: I move it.
Vice Chairman Plummer: Moved by Gort.
Commissioner Sanchez: Second.
Vice Chairman Plummer: Seconded by Sanchez. Read the ordinance. Call the roll.
58 November 17, 1998
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 10, ARTICLE I, OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED `BUILDINGS/IN GENERAL", WHICH SETS FORTH
FEES FOR BUILDING, PLUMBING, ELECTRICAL, MECHANICAL,
(INCLUDING BOILER AND ELEVATOR) INSPECTION, PERMIT
AND CERTIFICATE FEES, TO MODIFY THE FEES FOR
CONSTRUCTION DEBRIS REMOVAL AND PROVIDE FOR
EXEMPTIONS; MORE PARTICULARLY BY AMENDING SECTION
10-4(B) OF THE CODE; CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
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 adoption. On motion of Commissioner Gort, seconded by Commissioner
Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commission Arthur E. Teele, Jr..
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11725.
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 13, accepting a competitive bid, which has been by either Federal, State,
County or Municipal, that we exempt them and indemnify them. Is there any discussion? Moved by Gort.
Seconded by Regalado. Read the ordinance.
Commissioner Gort: Under discussion.
Vice Chairman Plummer: Under discussion. Mr. Gort.
Commissioner Gort: The only problem that I would have with this is, this would be done by the State,
would be done by the County or the School System and we have priorities set up for the businesses within
the City of Miami, so...
Vice Chairman Plummer: It would be in compliance with that.
59 November 17, 1998
Commissioner Gort: Right.
Vice Chairman Plummer: Of course. The local vendor prevails.
Commissioner Gort: The local vendors would like...
Vice Chairman Plummer: Absolutely. Read the ordinance. Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 18, ARTICLE III, OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "FINANCE/PURCHASING AND CONTRACTS
GENERALLY", TO ALLOW THE CITY OF MIAMI TO ACCEPT A
COMPETITIVE BID WHICH HAS BEEN SECURED BY OR ON
BEHALF OF ANY FEDERAL, STATE, COUNTY, OR MUNICIPAL
GOVERNMENT, OR FROM ANY OTHER GOVERNMENTAL
ENTITY AND NOT -FOR -PROFIT ORGANIZATIONS; AND TO
EXEMPT THE CITY OF MIAMI FROM ALL COMPETITIVE
BIDDING PROCEDURES WHEN THE CITY ENTERS INTO AN
AGREEMENT WITH OTHER GOVERNMENTAL AGENCIES OR
STATE FUNDED INSTITUTIONS FOR THE PURCHASE OR
ACQUISITION OF NECESSARY SUPPLIES AND/OR SERVICES;
MORE PARTICULARLY BY ADDING NEW SECTIONS 18-106
AND 18-107; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
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 adoption. On motion of Commissioner Gort, seconded by Commissioner
Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11726.
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 15.
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: I would -- I sincerely would like to commend the Manager and his staff on the item
that just passed. I think you're going to see a dramatic savings in a lot of areas and I really would hope that
we could sort of track the first year of some of the savings based upon the last bid -- our last bid and what
we're doing. But I do know that in the area that -- where Jackson Hospital is purchasing certain things and
Dade County, that we've already seen some dramatic savings and I commend you for moving forward with
this, I think, major effort to save the tax payers' dollars.
60 November 17, 1998
Vice Chairman Plummer: Item 15. Commissioner Teele.
Commissioner Teele: So moved.
Vice Chairman Plummer: Moved by Teele. Seconded by-- moved by Teele. Seconded by?
Commissioner Regalado: Before -- I will second that before...
Vice Chairman Plummer: Seconded by Regalado.
Commissioner Regalado: For discussion.
Vice Chairman Plummer: For discussion.
Commissioner Sanchez: For discussion.
Commissioner Regalado: I read the ordinance and is the word "willfully" there, Mr. City Attorney?
Mr. Alejandro Vilarello (City Attorney): Yes. The word "willful" is contained within the ordinance.
Commissioner Teele: Mr. Chairman, the word willful is contained in the area where a person withholds
something, withholds invoices, et cetera. But in the area of the basic antideficiency, it is not a question of
willful. It's a question of did you violate — did you exceed your budgetary authority? And, again, if you put
the word willful in it, you basically have eliminated the law because whether you intend to violate or intend
to exceed the budget appropriations or not is the whole purpose of this. And what it's designed to do is
create discipline. This is drafted from the Federal law. This is not my drafting. And the whole notion that
it's willful basically means that you're going to wind up going through an entire charade. This is not about a
trial or an evidentiary hearing. This is about whether or not the management of the City is going to maintain
the kinds of controls and discipline to keep this budget under -- within the budget appropriations that this
Commission does and if someone exceeds it, whether they intended to or not, given particularly the fact that
you're doing quarterly reports, monthly reports, bi-weekly reports, means, you know, quite frankly, that we
have a system's flaw and, more than that, it means that we have a management flaw. So, I realize that the
unions have been -- have talked to me about willful. I really don't understand why because this does not
relate -- this is a management tool. This is not an employee tool. But I also am keenly aware of the urique
relationship that clearly, I think, you know, needs to become a little bit more public and reviewed and
discussed in the context of this. This has nothing to do with a union employee or a person in a collective
bargaining unit in the City of Miami. This has to do with management and whether or not we're serious
about keeping this budget within what this Commission appropriates. And if you don't want to hold the
Commission -- the management responsible, then put the word willful in. But the whole i&a here is drawn
from the Federal law. Whether the President intended to go over the budget or the Secretary of Defense
intended to go over the budget has nothing to do with whether or not they exceeded the budget
appropriations of the Congress. And so, I would just only ask that you not amend it. If the word willful is
so important, then -- you know, then let's kill it, if that's your intent. But adding the word willful when, in
fact, what you're doing is basically saying, we're passing these budgets but you can do what you want to do
because right now the budgets have not been adhered to and you can go through at least four budgets in the
last budget cycle, you know, that went well -over the budget that we authorized, which, in Congress, in the
Federal system, would be a violation of the Federal AntimDeficiency Law and it basically would be subject to
a citation that you exceeded your budget. That's all that we're saying.
61 November 17, 1998
Commissioner Sanchez: Mr. Vice Chair.
Vice Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: One of the concerns that is brought in front of the Commission, Mr. Teele --
Commissioner Teele is, that basically we could hold management responsible but one of the concerns is that
we don't want to hold somebody in a lower position, a staff who makes an order of some type of document,
written document, requesting money and, you know, in the long run it would come back to haunt them.
Basically, making a simple mistake, which is of great concern, not only to the unions but management on
that issue.
Commissioner Teele: If you would yield. That is outside of this ordinance, but let me say this. If a
non -management person is obligating money and creating budget authority, then we've got a serious
problem here. And, quite frankly, what the last mayoral Commission, the Commission that was headed by
Mr. -- from Ryder, found is that we still don't have systems. This is not about a low level employee. That's
sort of the half of dust (phonetic) that's being circulated about this. This is about a management control and
the simple fact of the matter is, if this Commission doesn't want to hold management responsible, as we
haven't -- I mean, you know, that was the whole issue as it relates to Mr. Odio and the whole process that
we've gone down this road before. I think the only way we're going to be able to hold the management
responsible is so to do exactly what the Federal Congress has done to the President of United States, the
Secretary of Defense, the Secretary of Transportation and every cabinet official and that is, there is a law
and it says, "If you spend money intentionally or unintentionally, more than we appropriate, you've violated
our law." That's all it says.
Vice Chairman Plummer: All right. Mr. Manager, wish to be heard.
Mr. Donald H. Warshaw (City Manager): Commissioner, I have two concerns about the ordinance and I
want to say that I certainly support accountability and I have stated on the record numerous times that I am
going to hold, am holding and will hold not only management but all employees of the City accountable for
their actions. But that being said, this is a very all encompassing somewhat complex ordinance and you all
know that the abilities to spend money and budget issues, people make mistakes. Our employees make
mistakes. Management make mistakes. And those mistakes oftentimes have been brought before you and
have been corrected. And, Commissioner Plummer, to use your words, many times you said the budget is
nothing more than an estimate or a projection as to the way money is being spent. And then, of course,
during the year events take place that sometimes are unaccounted for, where we have to spend money, spend
overtime dollars and they might occur oftentimes in between Commission meetings, then we have to go find
the money. And there are going to be those incidents that are going to take place. Now, that being said, and
understanding that, a civil violation penalty is a mark against an employee that will be carried with that
person for the rest of their lives, even though it's not criminal. And when people do employment and
background checks, it comes back that they were found guilty in a civil violation, in a civil court, and all I'm
saying is, the word "willful" will show the intent-- and I think that people who intentionally violate the law
should certainly be held accountable. But to leave the word willful out and leave it so opeaended, that an
employee of the City has to fear that they're going to be found guilty of a civil penalty, I think, you know, is
beyond reasonableness. Now, that being said, the other concern I have has to do...
Commissioner Teele: Mr. Chairman, could I address this "beyond reasonableness"?
Vice Chairman Plummer: Mr. Teele, you all-- Commissioners always take precedent.
Commissioner Teele: Look, the Manager just said this is unreasonable. That to hold an employee
accountable is unreasonable. Let me just tell you, the Federal law, "that any person who is confirmed by the
Senate" -- the difference between a PA and PAS means presidential appointee confirmed by the Senate.
Every person who is confirmed by the Senate raised their right hand and promises the Congress that they
will not exceed their budget. That's a part of the Senate conformation process and that's when you get, you
know, to be a senior manager with accountability. This law essentially does none of the things that the
Federal government law does. First of all, the Federal provision is criminal. This is not a criminal
provision. Second of all, the Federal provision contains prison sentence of two years. This doesn't contain
any prison sentence. It's civil. And thirdly, it contains a fine for ten thousand dollars ($10,000). The
Secretary of Transportation, every assistant secretary, the Secretary of the Defense, every service secretary,
62 November 17, 1998
the Secretary of Health and Human Services, HUD (Department of Housing and Urban Development), all of
the assistant secretaries, the people who approve the grants that come down here are all subject to the same
Federal standard that Congress says, "We don't want you spending more money than we appropriate."
That's all this says. But let me just tell you what's really misleading. It doesn't-- this ordinance goes even
further than the federal ordinance in this regard. It tells the City of Miami employees, if you're going to be
over your budget, all you've got to do is come back to the Commission. It states it in here. And the
Commission will adjust it. What this basically stops is employees basically appropriating their own funds.
Mr. Attorney, does this provision protect any employee who expends money even over their budget but
comes back to the Commission for the first three quarters and request the permission of the Commission to
exceed their budget?
Mr. Vilarello: It provides for modifications within the first three quarters and it provides that an employee
who notifies the City Commission of a potential violation of the ordinance is protected.
Commissioner Teele: It's protected. Second of all, in the fourth quarter -- Mr. Chairman, you're going to
like this -- it provides that the Chairman of the Commission or the presiding officer of the Commission has
the authority, on behalf of the Commission, to waive in effect the application of this ordinance. Does it not
contain the fact that, if the Manager comes to the Chairman of the Commission, we're out on vacation, we're
out and they can't come back -- that the Chairman of the Commission has the authority, as Ala Bob
Livingston, Mr. Vice Chairman, has the authority to grant the Manager permission to expend or exceed his
budget. Does it not contain that provision?
Mr. Vilarello: Commissioner, it does; however, if you notice on the memorandum that I put out, I do have
some concerns about giving -- granting that authority to the presiding officer of the Commission, to act as an
individual and somehow bind the City Commission. I do have some concerns about that but, yes, it does
provide for that.
Commissioner Teele: So, the point here is this, any department head who expends more money than we
have appropriated, all they have to do is to come back to the Commission and get the approval of the
Commission to exceed their budget but they've got to do that in advance, before the end of the year. They
cannot do this the way it's been done for the last 10 years around here and, that is, just expend the money,
expend the money, and then read it in the newspapers three months after the budget has closed, that we
exceeded our budget. And this provision is such a sissified version of the Federal law that I don't see how
anybody could be opposed to it, if you read the federal law. And for those, you know, hot shots who'll be
moving on, wanting to go to Washington, you better understand that if you expect to get a federal
appointment, whether you like it or not, you will be subject to the Federal antrdeficiency if you are a
presidential appointee confirmed by the Senate that has budget authority because it is the only way to have
the discipline of ensuring that the budget is going to be maintained.
Vice Chairman Plummer: All right. Now, time out. To anyone that is waiting for a future item before this
Commission, we will see you back here after 3:00. If I allow each one of these people two minutes to speak,
we're at the 12:30 level. So, if you have an item that you're here for that's after this item, be back at 3:00.
OK. Mr. Manager -- well, we'll conclude with this item today. I just wanted anybody else not to sit around
and wait if they knew they weren't going to be heard. Mr. Manager, you have another item.
Mr. Warshaw: The other concern I have and the only other concern has to do with the transfers of funds
within departments within the fourth quarter. Now, let me explain to you a little bit about that. We have a
lot of small departments, have operating dollars, not taking about personnel dollars. I'm talking about
operating dollars. During the course of the year, based upon the way the City budget code system is set up,
in order to procure goods and services, you have to be in accordance with the way our code is set up. You
can't spend money from one code that belongs in another code. What happens is, during the course of the
year and oftentimes late in the year, when money is running out but you still have to procure those goods
and services, it is not uncommon, often multiple times, to have to move a thousand dollars ($1,000), five
hundred dollars ($500) from Code 260 to 270 just to satisfy the Procurement Department. By eliminating
the ability to transfer money in the fourth quarter, not only are you shutting down our ability to purchase
goods and services, but I'm afraid you're going to force something else to happen. And what that is, in the
last week of the third quarter, you're going to find hundreds of last minute fund transfers to be able to beat
the fourth quarter deadline because we're unable to procure the things we need because it won't be until the
first of October before we'll be able to spend those monies again. Now, I understand...
63 November 17, 1998
Commissioner Teele: Chief, I'll agree with that. How much money would you like an exemption on that,
twenty-five hundred dollars ($2500), three thousand?
Mr. Warshaw: I don't know if necessarily its an amount of money.
Commissioner Teele: Well, but that's what you just described.
Mr. Warshaw: I described that...
Vice Chairman Plummer: Well, there's another way to eliminate that, all right. Two ways. One, when we
had a board around here that was a Sunset Board, which a Commissioner sat on, that nobody in the last three
months could come in here running because of the fact that they had money left over, they were going to
lose and possibly get defeated the next year by that amount. Just make it that the last 60 days that there can
be no, except emergency purchases approved by the Manager.
Commissioner Sanchez: I would like to propose a motion.
Vice Chairman Plummer: OK. Mr. Sanchez.
Commissioner Sanchez: Motion to the ordinance --
Commissioner Teele: Amendment.
Commissioner Sanchez: Amendment, correction, to allow a five thousand dollar ($5,000) transfer in the
fourth quarter.
Commissioner Teele: Second the motion.
Vice Chairman Plummer: OK, that's the amendment. Are we ready to vote on the...
Commissioner Teele: That's the amendment. You vote on the amendments before you...
Vice Chairman Plummer: All right. I understand. There's an amendment to allow a five thousand transfer
in the last quarter, am I correct?
Commissioner Sanchez: Five thousand.
Commissioner Teele: Providing it's also reported to the Commission.
Vice Chairman Plummer: Of course. All right. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: OK.
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO.98-1112
A MOTION MODIFYING PROPOSED ANTI -DEFICIENCY ORDINANCE
TO STIPULATE THAT DEPARTMENTS BE ALLOWED TO TRANSFER AN
AMOUNT NOT TO EXCEED $5,000 IN THE LAST QUARTER OF THE
FISCAL YEAR BUDGET CYCLE FROM ONE MINOR OBJECT CODE TO
ANOTHER WITHIN A DEPARTMENT'S BUDGET, PROVIDED THAT
SAID LINE ITEM TRANSFER IS REPORTED TO THE CITY
COMMISSION.
64 November 17, 1998
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: Fireman.
Mr. Tom Gabriel: Tom Gabriel, local 587. First of all, I want to thank Commissioner Teele. He had a good
workshop. We did have our input and the words are somewhat fine but we're concerned more of the actions.
I guess that brings my to the point that, Commissioner Teele talks often about the Federal Government and I
really don't think that that is the goal that we want to get to as far as how we run business in the City of
Miami, especially on a budgetary sense. The Feds aren't exactly known for balancing their budgets. But
one thing that we may want to look at is the way that they're trying to take all the regulations and all the
different rules and regulations out of their laws. And quite simply speaking, this is not a bad setup. It
encompasses not only the reports from the financial officer, et cetera, what reports should be made, those are
all great things and living within your budget is a great thing but, quite frankly, I think that one person
should hold that responsibility and not the department directors, not the City Commissioners, et cetera. It
should be the Manager and you have that authority right now. You should hold the Manager accountable
and he'll hold the department directors accountable. And that is just a general overview of what I think on
the ordinance itself. But let me tell you how it is a union issue, and I'll talk about what Commissioner
Plummer or Vice Chairman Plummer just mentioned and, that is, that in the last 60 days of every year the
Fire Department, and I'm sure all other departments, run into a crunch of a balance act between the
department directors trying to find out if they're going to live within their budget and the supplies that are
needed to run every day operations of the Fire Department, Police Department, et cetera. My members have
been left without boots, without gloves, and without other necessary items without this ordinance. We don't
need this ordinance to put any more pressure on our members. It is a safety issue for our members.
Department directors are going to be scared to come up here and face this board if they have to ask for an
extension of their budget, whether it was by a mistake or whether it was by a miscalculation or really
whether or not it was a bad job of budgeting that was passed by being pushed through the budget department
and this board itself. You passed the budget. They don't have the final say on the budget but you're looking
to make them accountable. Our concern on that is that we're going to get caught -- and when I'm talking
about "we're," I'm talking about the guys on the tail board, the guys that are doing the climbing up the stairs,
they're going to get caught without those items, and I suggest that what you do is hold the Manager
responsible, strike the department directors on the responsibility aspect, get all the reports you need, all of
the other things that the Manager has to do and hold the Manager responsible.
Vice Chairman Plummer: Thank you, sir. Tony, you want to add to that without being repetitious?
Mr. Tony Rodriguez: Yes. Tony Rodriguez, Miami FOP (Fraternal Order of Police). And I also echo the
comments of my colleague, Tommy Gabriel. And I also want to thank Commissioner Teele on his
workshop and allowing us to take part of it and have input and I think it was very helpful.
Vice Chairman Plummer: I said without being repetitious.
Mr. Rodriguez: Well, I'm not going to be. In addition, on the union issue, what's going to happen is, in the
budget process, the Commissioners, as Tommy said, you all approved a budget. In the past - and we've had
it come up most recently -- you're going to ask for cuts on those budgets, 10 percent, 5 percent, whatever
you all decide died on, and you're not going to give those department directors the budget that they believe
that they need to operate their department. So, when you established a shorter budget or a lesser budget,
then you've got to hold them to that and then, who's going to be affected? Because they're not going to get
in trouble because of this ordinance. We're going to be affected. We're going to get less than of the things
65 November 17, 1998
that we need to do the job that we need to do. That's how it's a union issue. There is another issue. The
attorney said that there's a waiver in here. I know where it says that they've got to notify you but where-- I
know we discussed it at the workshop. Where is the language that waives that? Because I didn't find it. To
where -- and the finance director was the one that eloquently spoke on that issue, where if someone does
notify the Commission, they are then not culpable under the ordinance. I missed that one. I mean, if it's
there, then it's there but I can't see it.
Vice Chairman Plummer: City Attorney.
Mr. Vilarello: It's under Section 2-1147, sub part 7.
Mr. Rodriguez: What page?
Mr. Vilarello: It's page 9, sub part 7. "Any employee of the City of Miami who has knowledge or reason
belief leave that a budget of the City of Miami might be in violation of shall have the right to be heard under
these provisions for a monthly status report of the City budget set forth below and then any person"...
Vice Chairman Plummer: Mr. Charles.
Mr. Rodriguez: Wait, wait, I'm not-- hold on, I'm not done. I want to make sure I got everything.
Mr. Vilarello: Any person shall not be penalized.
Mr. Rodriguez: thank you, thank you. And, again, the willful part of it, to us, is very important in the last
area. You already know about that. We spoke about it at length, so -- and the same thing that Tommy said,
we support.
Vice Chairman Plummer: Mr. Charles. No, I want the union-- we're letting all the union people speak and
then I'll go to Mr. Cruz and to the other gentlemen here.
Mr. Norman Charles: Norman Charles, 6007 Northwest 7th Avenue. I do have a concern with this, when it
comes down to the directors being blamed for whatever happen. I do agree with my fellow colleagues. The
City Manager should be held responsible. I am faced with the crisis of people cannot get gloves in my
department. There is no shoes. When questioned about it, there is either no money in the fund. We does
not have this. We does not have that. I realize that all directors for the City of Miami are professional
people. You passed a budget. You gave them a certain amount of money to do a certain amount of things.
Pride is something that you doesn't just throw under the rug. For them to come back here and tell you that
they need a certain amount of money more to continue is showing you that they are disabled to continue to
do with what you asked them to do. I am therefore saying to you that the Manager should have the full
complete control over this and not the directors. Thank you.
Vice Chairman Plummer: Thank you, sir. Mr. Cruz.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. Let me remind the Commission once more,
that you're there to represent us, the taxpayers, not the -- it's good to worry about the unions and that but the
unions got -- is different thing. You there to represent us. And this step is one step -- good step to avoid a
show game that happened during budget hearings. Now you see it. Now you don't see it. I'm talking to Ms.
Weatherholtz because that's Dipak. Because that happen many times. They told me they got more money
for this and for that. And the money, they used to move the money from one place to the other. That, I
think, will stop that game of moving the money around. And also, remember, that this will be against
improper use of overtime monies, how some department got unfathomable amount of money for overtime
for everything. Others don't have money like you mentioning for the Solid Waste. There's no money for
equipment for the Fire Department. This money either should be that the monies for the City should be
according to need, not according to who got more political power. Thank you.
Vice Chairman Plummer: Sir, you're the last speaker.
Mr. Daniel Ricker: Right. Daniel Ricker, 4302 Ingerham Highway. We obviously have a philosophical
dilemma here. Obviously, the firefighters and everyone needs their materials, et cetera. You know, we're
66 November 17, 1998
not going to be sending them into harm's way. The flip side of it is the history-- and I'd like to quote you,
J.L. or Commissioner Plummer earlier -- history gives us a view of the future and if you look at the history
of the City of Miami, our past performance has caused something like this be put in place. There's a general
feeling of no contrition, as I travel around and actually have spent time in the Human Resource Department
going through some personnel files just to find out who the people are of the City of Miami, and it's been
fascinating. Yes, I think the other gentleman had mentioned pride and leadership. I think that's important.
Where is the leadership in the City, in the County, and among ourselves? To look at some of the stuff and
finally say, hey, this is it. We're a poor city. Anyway, gentlemen, this is a tough one but I think, in the short
term, you're probably going to have to do it and then, if the City can demonstrate and ourselves, that we can
control our own situation, you know, in a year, two years from now, maybe we should take it off. Thank
you very much.
Vice Chairman Plummer: Read the ordinance.
Commissioner Teele: Mr. Chairman?
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Just a very brief summary. Commissioners, we heard a lot about the Oversight
Board. I will tell you that I wasn't here. I've been here less than -- just about a year now, this month. But
when I read in the newspapers everyday what we, as a Commission, were responsible for and, quite frankly,
how we were being blamed, both by the previous manager and the previous, previous manager, and every
time you went down to the Oversight Board, we kept reading about what we had not done. The fact that we
didn't have systems. But, at the end of the day -- the budget, it's not the Manager's budget, it's not the City
Attorneys budget, it's not the City Clerk's budget. It's not even the Mayor's budget. At the end of the day,
only the Congress, only the legislative body -- in this case, only the City Commission -- can appropriate
money. That's our only real function as a legislative body, is to pass a budget. Many people feel that if the
Florida legislature would just pass the budget and go home, the State would be better off.
Vice Chairman Plummer: Every 10 years.
Commissioner Teele: But the fact of the matter is one of the transitionary things that we've got to come in
grips with is that we're no longer a Mayor/Commission form of government with a strong Manager. We are,
in effect, an Executive Mayor form of government with a Commission and we cannot delegate any longer
and hide behind the fact that we thought it was being done. The most disturbing thing that I heard-- I have
seen since I've been here was to learn that in April — February/April, that we approved a budget amendment.
And if you go back and you listen to what Chief Warshaw said in June, he said to us very directly, "you all
thought you passed a budget," right, Chief? But that budget was a wink and a nod budget. We were told by
the Manager, by the other manager, that we will live without budget. You won't say a word before the
Commission and we'll take care of it down the road. And it has nothing to do with the previous Manager,
whether it be Mr. Garcia -Pedrosa, who that happened to have been, or this Manager, who obviously has
worked through the City budget process and I think will bring a different level of discipline to the budget. I
really believe that because of his uniform experience. But we're not talking about Garci&Pedrosa or
Warshaw or whoever the manager is subsequently. We're talking about establishing a structure whereby we
are holding the management of the City responsible. And I've heard the unions talk about don't hold the
department heads responsible. I want you to just think about that for a minute. My pay grade is five
thousand dollars ($5,000) a year and we're held responsible by the Governor and the Oversight Board right
now and, yet, we're being asked by some very honorable representatives, who are representing their unions,
and I respect that, your right to do that, don't hold department directors responsible. Well, who are we going
to hold responsible? I get five thousand in salary a year. Everybody up here gets that. I think, if we have
highly paid, well disciplined, well educated managers and a senior management, that's who we should hold
responsible. We can no longer continue what has gone on for the last 10 years clearly in the City of Miami.
This didn't happen -- this didn't just happen. And, J.L., you like to talk about we'll tar and feather you, we'll
whip you and all of that but the fact of the matter is, that's great rhetoric but it doesn't work. It doesn't work
because we had four budgets this year that went over the budget without coming to the City Commission
and getting approval. Four. And what I'm suggesting and what I think is good government is that we not go
out and create some new law. This is the sissy version of the federal law and it simply says that, if you're
going to exceed your budget, you must come back to this Commission and get approval and if you don't do
that, you will be in violation of the law. Now, we will not be a judge. We will not adjudicate anyone being
67 November 17, 1998
in violation but that remedy will be available to the State's Attorney or to the Mayor or whoever would like
to pursue this in a civil version. And I'll tell you this, absent some type of horrendous action, as we have
seen has happened in this City, this provision is only going to be a bully pulpit, but it's going to be there for
every manager to know that they have to live within their budget and, therefore, Mr. Chairman, I would
respectfully move the item.
Vice Chairman Plummer: Read the ordinance. Call the roll.
Commissioner Teele: As amended.
Commissioner Sanchez: As amended.
Vice Chairman Plummer: As amended.
Mr. Walter J. Foeman (City Clerk): I need a seconder.
Vice Chairman Plummer: It was moved by Teele and seconded by...
Commissioner Regalado: Regalado.
Vice Chairman Plummer: ...Regalado.
[COMMENTS MADE DURING ROLL CALL:]
Commissioner Gort: My understanding is, any director that thinks his budget has not met-- he can come in
front of us and explain and then would not be any problem? Yes.
Vice Chairman Plummer: I vote no. And the reason I vote no, the Manager has the authority on department
heads, that they serve at will. Any department head that does not go through the proper procedure, the
Manager has the full right to terminate that individual as a department head. I think that is the kind of
management style, the management tool that I think that works best. I understand fully and compliment
Commissioner Teele. What maybe is good for Washington is good for Washington but I've live here with
this system that says the Manager appoints at will and removes at will. So, I have to vote no. Mr. Manager.
Commissioner Teele: And we're under an Oversight Board under this system.
Vice Chairman Plummer: That's correct. And Jeb Bush says he's going to correct that.
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTERS 2 AND 18 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
ENACTING AN ANTI -DEFICIENCY ACT TO SET FORTH
REGULATIONS TO ENSURE THAT DEPARTMENTS AND
DEPARTMENT DIRECTORS WITH AUTHORITY TO DIRECT
OBLIGATION OR DISBURSEMENT OF CITY FUNDS DO NOT
EXPEND FUNDS DURING A FISCAL YEAR IN EXCESS OF
THOSE WHICH HAVE BEEN APPROVED IN A DULY ADOPTED
BUDGET; MORE PARTICULARLY BY ADDING NEW SECTIONS
2-467, 2-947.1, AND 18-72.1, 2-1145, 2-1146, 2-1147, AND 2-1148;
AND BY AMENDING SECTIONS 2-466, AND 2-497; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
68 November 17, 1998
Passed on its first reading, by title, at the meeting of September 8, 1998, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner 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.
NAYS: Vice Chairman J.L. Plummer, Jr..
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO.98-11727.
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, I hope that, in fact, the Orange Bowl Committee will be here this
afternoon for their item because unless they're here to re -negotiate this contract, I'm going to move...
Commissioner Teele: The who?
Commissioner Regalado: Orange Bowl committee.
Vice Chairman Plummer: The Orange Bowl Committee. You've heard of them?
Commissioner Regalado: Mr. Chairman.
Vice Chairman Plummer: I just want to make sure they're here because there's a lot more negotiation that
has to take place or I'm going to move that it be deferred until February.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Before we go, if we can listen to Captain Patrick McCoy regarding the Noise
Abatement Committee.
Vice Chairman Plummer: Can he do it in less than two minutes?
Commissioner Regalado: Well --
Vice Chairman Plummer: If he can't, the answer is no.
Commissioner Gort: He can do it.
Vice Chairman Plummer: He says he can.
69 November 17, 1998
Commissioner Regalado: He can, OK.
Vice Chairman Plummer: Sir, you're on for two minutes.
Mr. Patrick McCoy: My name is Patrick McCoy. I live at 679 Northeast 58th Street, in the City of Miami.
In July this Commission unanimously passed and supported a recommendation for a Part 150 to the County.
And, quickly, a Part 150 brings in an outside source of federal government to assess the noise, make
recommendations, and find out which homes will be eligible for the sound insulation, sound proofing
program. Approximately, fifty thousand homes currently in the City of Miami would be eligible. The
Mayor wrote a letter to Mayor Penelas, which I think really put the City of Miami on the map, in terms of
being really concerned about noise. Commissioner Regalado has been intensely involved and has really
helped move the issue forward. And I would like, since this issue was passed by the Noise Abatement Task
Force, it now goes to -- potentially goes to the County Commission. I would like this Commission to
appoint, with Commissioner Regalado's concurrence, that he be directed to lobby the County commissioners
on this issue.
Vice Chairman Plummer: So named.
Mr. McCoy: And, secondly, I think the City Manager's Office needs to be directly involved and I would
recommend, with his concurrence and her concurrence, that Dena Bianchino deal directly with the County
Manager's Office on this issue.
Vice Chairman Plummer: That's his purview.
Commissioner Teele: The Manager's purview.
Mr. McCoy: OK. Then I will -- we'll gloss over that for the moment.
Mr. Donald H. Warshaw (City Manager): That's fine.
Mr. McCoy: And then, finally, the County complains that this is not a noise sensitive community because
they're very clever in keeping the phone number well hidden. I would suggest that on our own cable
television network that we put 305-876-PLAN, which is the number to call the Noise Abatement office.
Thank you very much.
Vice Chairman Plummer: Thank you, sir. Mr. Manager.
Commissioner Regalado: Before we go, we'd like...
Vice Chairman Plummer: No, no, no, no. He had two minutes now.
Commissioner Regalado: Yeah. Give me one. Before he goes, I really like to commend Captain McCoy
and Captain Ferrer also, the administration that had designated Frank. I think he's here somewhere. I think
that, for the first time, we will be able to reduce the noise in the City of Miami from airplanes. I will tell you
that, if we -- first of all, we need to move -- and Dena and Mr. Manager, we need to lobby the County to
have them, in the agenda of the 17th, the noise detectors. Key Biscayne has it. Miami Springs has it. All
the municipalities but the City of Miami. We've been delayed for, I don't know what reason. And we have
to understand that we're getting 80 percent of the noise in the City of Miami from Miami International
Airport. And other communities get 20 percent. We're getting 80 percent.
Vice Chairman Plummer: Good.
Commissioner Regalado: So, I would really ask the Manager to...
Vice Chairman Plummer: You did.
Commissioner Regalado: ... get involved.
Vice Chairman Plummer: Thank you.
70 November 17, 1998
Commissioner Regalado: You're welcome.
Vice Chairman Plummer: Mr. Manager, on Cable 9, I've asked that it be changed. The-- not the complains
of TCI cable. Comments on TCI cable. It has not been changed the last time I looked.
Mr. Donald H. Warshaw (City Manager): OK.
Vice Chairman Plummer: Ladies and gentlemen, this Commission stands in adjournment until 3:07 p.m.
That's 3:07 p.m.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:38 P.M. AND RECONVENED AT 3:02 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT
EXCEPT COMMISSIONERS GORT AND TEELE.
Vice Chairman Plummer: ... acceptance of said grant.
Commissioner Sanchez: So moved.
Vice Chairman Plummer: Moved by Sanchez. Seconded by Regalado. Anyone wishing to speak on the
issue? Hearing none, 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.
Passed on its first reading, by title, at the meeting of October 27, 1998, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Commissioner
Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Wifredo Gort
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11728.
71 November 17, 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.
Vice Chairman Plummer: Item 17. This is a, Mr. Manager, to reject membership as it relates to the City of
Miami employees.
Mr. Donald Warshaw (City Manager): This is the second reading on the special package for the...
Vice Chairman Plummer: All right. Moved by Sanchez. Seconded by Regalado?
Commissioner Sanchez: Yes.
Commissioner Regalado: Yes.
Vice Chairman Plummer: All right. Anybody wishing to speak on Item 17. Show no one came forward.
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) 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.
72 November 17, 1998
Passed on its first reading, by title, at the meeting of October 27, 1998, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Commissioner
Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Commissioner Joe Sanchez
Commissioner Joe Sanchez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Wifredo Gort
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11729.
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 18 is a resolution establishing a money purchase retirement fund.
Mr. Donald Warshaw (City Manager): Item 18 is the companion to 17, which, now, is the enabling piece of
legislation to accomplish...
Vice Chairman Plummer: All right. Moved by Sanchez. Seconded by Regalado?
Commissioner Regalado: Yes.
Commissioner Sanchez: Yes.
Vice Chairman Plummer: All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: It's approved. Show it unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1113
A RESOLUTION, WITH ATTACHMENTS, ESTABLISHING A MONEY
PURCHASE RETIREMENT PLAN FOR ASSISTANT CITY MANAGERS
AND ASSISTANTS TO THE CITY MANAGER, AS SET FORTH IN THE
ATTACHED ICMA PROTOTYPE MONEY PURCHASE PLAN AND TRUST
(THE "PLAN") AND THE DECLARATION OF TRUST, AND PROVIDING
FOR THE EXECUTION OF THE ADOPTION AGREEMENT; FURTHER
APPOINTING THE LABOR RELATIONS OFFICER AS PLAN
COORDINATOR AND AUTHORIZING SAID LABOR RELATIONS
OFFICER TO EXECUTE ALL NECESSARY AGREEMENTS WITH THE
ICMA RETIREMENT CORPORATION RELATIVE TO THE
ADMINISTRATION OF SAID PLAN.
73 November 17, 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 Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Commissioner Wifredo Gort
[AT THIS POINT, COMMISSIONER ARTHUR E. TEELE, JR. ENTERED THE COMMISSION
CHAMBERS AT APPROXIMATELY 3:04 P.M.]
Vice Chairman Plummer: Nineteen. Expiration date for terms of the Downtown Development Authority.
Let's hold this for Gort.
Commissioner Regalado: Yeah, why don't you wait a moment.
Vice Chairman Plummer: All right. Twenty, we've taken care of Twentyone. Amendment -- let's hold
that for Teele.
Commissioner Sanchez: He's here.
Vice Chairman Plummer: He's here. I'm sorry.
Commissioner Teele: Go right ahead.
Vice Chairman Plummer:
Mr. Teele, 21.
Commissioner Teele: I'm
not ready for it yet. Give me two minutes.
Vice Chairman Plummer:
OK. We'll skip over that one. Item 21A.
Commissioner Sanchez: So moved.
Vice Chairman Plummer:
Moved by Sanchez.
Commissioner Regalado:
Second.
Vice Chairman Plummer:
Seconded by Regalado. all in favor, say "aye."
Commissioner Sanchez: So moved.
Vice Chairman Plummer:
Moved by Sanchez.
Commissioner Regalado:
Second.
Vice Chairman Plummer:
Seconded by Regalado. All in favor, say "aye."
74 November 17, 1998
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposition? Show unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1114
A RESOLUTION AUTHORIZING THE PAYMENT OF FEES TO THE LAW
FIRM OF ZACK KOSNITZKY, P.A., FOR SERVICES PROVIDED AS
LEGAL COUNSEL TO THE CITY OF MIAMI'S SINGLE -MEMBER
DISTRICT BLUE RIBBON COMMITTEE; ALLOCATING FUNDS
THEREFOR, IN THE AMOUNT OF $23,665.48, IN FULL PAYMENT, FROM
ACCOUNT CODE NO.920205-250.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Wifredo Gort.
Vice Chairman Plummer: Twenty-two.
Commissioner Sanchez: I have a problem with that one.
Vice Chairman Plummer: You got a problem. You want to hold it?
Commissioner Sanchez: Yeah. No, I'm ready to discuss it but if you want Commissioner Gort to be here...
Vice Chairman Plummer: You want to discuss it, defer it or to hold it?
Commissioner Sanchez: I want to discuss it.
Vice Chairman Plummer: All right, sir. Item 22, Anchor Marine in a lease -- revocable lease at five
thousand dollars ($5,000) annual fee. Mr. Sanchez.
Commissioner Sanchez: Too cheap. I consider it to be too cheap.
Vice Chairman Plummer: I do too.
Commissioner Sanchez: Look at the amount of fee that we're providing. The location is not that great. But
five thousand is way too cheap.
Vice Chairman Plummer: Do you wish to defer it? It's in your district.
Commissioner Sanchez: No. I want to hear what the Assistant Manager wants to do.
75 November 17, 1998
Ms. Dena Bianchino (Assistant City Manager): Commissioner, we can come back at the next meeting, after
we go back to them and re -negotiate.
Vice Chairman Plummer: Moved to defer to the next meeting by Sanchez. Seconded by Gort. Any further
discussion? All in favor, say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO.98-1115
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 22
(PROPOSED AGREEMENT WITH ANCHOR MARINE OF MIAMI, INC.
FOR USE OF CITY PROPERTY AT 971 N.W. 7 STREET).
Upon being seconded by Commissioner Gort, 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: It's deferred until the next meeting. Mr. Gort, we bypassed your-- hold on.
Commissioner Regalado: Eighteen.
Vice Chairman Plummer: Eighteen, Mr. Gort. No.
Commissioner Regalado: Nineteen.
Vice Chairman Plummer: Nineteen. Mr. Gort, in reference toDDA (Downtown Development Authority).
What is your pleasure?
Commissioner Gort: Move it.
Vice Chairman Plummer: It's to establish...
Commissioner Gort: We need to create a staggered terms in order-- so, whenever, there's re-election come,
not all the members be...
Vice Chairman Plummer: Moved by Gort. Seconded by Sanchez. Anybody wishing to discuss the item?
Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed? Show unanimous.
76 November 17, 1998
An Ordinance Entitled -
AN ORDINANCE AMENDING SECTION 14-52(C) OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, TO ESTABLISH THE
EXPIRATION DATE FOR TERMS OF OFFICE FOR MEMBERS OF THE
BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT
AUTHORITY; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR INCLUSION IN THE CITY CODE.
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. Teele, are you ready for twenty --
Mr. Walter J. Foeman (City Clerk): Commissioner, it's an ordinance.
Commissioner Regalado: It's an ordinance. It's an ordinance.
Commissioner Teele: It's an ordinance. First reading.
Vice Chairman Plummer: I'm sorry. Nineteen. It is an ordinance and I stand corrected.
[AT THIS TIME COMMISSIONER PLUMMER READ THE ORDINANCE INTO THE PUBLIC
RECORD]
Vice Chairman Plummer: Call the roll.
Vice Chairman Plummer: Mr. Teele, are you ready on 21?
Commissioner Teele: Yes, sir.
Vice Chairman Plummer: Proceed, sir.
77 November 17, 1998
Commissioner Teele: Thank you, Mr. Chairman. Mr. Chairman, pursuant to several concerns of the
management and, I think, with due deference to the management, the independent CRA (Community
Redevelopment Agency) policy and programs procedures is established. This committee, in effect, would
be a five-year committee that would review the CRA each year, to determine whether or not the CRA is
carrying out its mandate with a view toward the sunsetting of the CRA. At the end of the fourth year, this
independent committee would make a recommendation. I think we need to recognize the dual role that we
serve as Commissioners and CRA board members. And, basically, what this provides is a voluntary review
of us, if you will. The board would be appointed by the commission, except the two members and the
Chairman of the board would be appointed by the Mayor. The Chairman must be an expert or have
expertise in banking or finance and there would be two at large members, based upon a panel recommended
by the DDA (Downtown Development Authority) of three names. A panel by the Omni Board and the panel
of the Overtown Advisory Board would be appointed by the Mayor. I would, specifically, note that I take
deference to "The Miami Herald's" Editorial Board that basically calls for this kind of review, in that we
serve in the role of Commissioner and CRA. And what this does is provides for an independent review of
the CRA. Similarly, it provides for an independent review of the community development activities related
both to the CRA and to community development in general. It, specifically, should incorporate, Mr.
Attorney -- Mr. Attorney.
Vice Chairman Plummer: Mr. City Attorney.
Commissioner Teele: It should, specifically, as we agreed, incorporate as a "whereas." It should
incorporate by reference the findings of the US Department of Housing and Urban and Affairs Inspector
General for the audit, issued on March 26, and all of the City responses, as well as it should incorporate by
reference the memorandum by the director of Community Development, dated September 22nd, and made a
part of the independent review of the activities. One thing that I think is very clear and it's becoming more
and more clear as these radio -- what do you call them?
Vice Chairman Plummer: Talk shows.
Commissioner Teele: Not talk shows but the...
Vice Chairman Plummer: Screaming matches.
Commissioner Teele: These groups that have telephone banks. These radio banks begin to crank up. We
are a single member district Commission and I don't think we should apologize for that. That's what we are.
We all have an obligation to look after our districts, but we also, all, have an obligation to look out for the
City, as a whole. One of the things that this independent review panel will do is, they will provide
independent advice regarding the kinds of issues that were raised yesterday by Commissioner Sanchez and
they've been raised repeatedly by Commissioner Gort and others about the equity and the funding as it
relates to the various CD (Community Development) target areas and they would have specific jurisdiction
to advise us. Now, let me be very clear. This is a mini Oversight Board but it is limited to the CRA and
Community Development but the important thing here is that this is a board that has no power to overrule us.
They can advise us and it is set up that once a member is appointed, they cannot be removed, J.L., except
for cause. And I think they need the kind of independence, if we're really going to get the kind of review. I
would call to mind the independent panel that was set up pursuant to a State's Attorney grand jury on HUD
(Department of Housing and Urban Development) in the County and that was the Stanley Tate committee
and, you know, once you give the citizens the opportunity to really come in and make recommendations and
they don't have to worry about us sacking them or firing them, they're going to tell it like it really is. And I
think this is an idea whose time has come.
Vice Chairman Plummer: Why...
Commissioner Teele: It would allow for them to exist for five years. The term would begin, I think, on June
1 st, is that right, or July 1 st? And, basically, that would give them an opportunity to review whatever
decisions we make on the current year CD funding, which should come up in March, April, May, and they
basically, will review what we're doing and give us their independent advice. And I think we need that,
particularly, as we move toward this single member districting approach that's being generated and driven
very heavily by phone banks that, quite frankly, are really trying to divide this community.
78 November 17, 1998
Vice Chairman Plummer: No question about it. Moved by Teele. Seconded by Sanchez. You know, what
you're saying is so true. I thought yesterday it was so unfair of that individual who got up and said that
Arthur Teele was not looking after the Haitian community, which is part of his district. You know, of all of
the people that are sitting here -- part of that Haitian community's in my district. But Arthur Teele has done
more about the NET (Neighborhood Enhancement Team) office, about the parks and everything in the NET
office than to have somebody, because he heard some yo-yo on radio say that Teele was trying to divide. It
is unfair. It is absolutely the kind of thing that keeps disruption in this community and in this city and, you
know, it's just a bad, bad thing to have.
Commissioner Teele: J.L., listen I appreciate what you're saying and it's true and I want to put on the record
that Overtown represents less than five percent of the voters in my district. I represent more voters in
Wynwood -- that's right, Wynwood -- than I do in Overtown. Voters. You have the majority of Wynwood
but everything -- two blocks on either side of 7th Avenue is -- I represent.
Vice Chairman Plummer: Did you draw the line?
Commissioner Teele: And there are more voters in Wynwood in my district than there are in Overtown.
The vast majority of the voters in my district live in Liberty City, Model cities, about 65 percent. And about
25 percent live in Little Haiti. Less than six percent of the voters live in Overtown in my district. But what
-- I'll take the heat, J.L., but let me tell you what I really want to apologize to. I want to apologize to each of
my colleagues because they are unfairly being taken -- they're unfairly taking heat now from radio talk
shows, primarily generated by phone banks, well orchestrated phone banks, and it hurts a lot more when
someone attacks Commissioner Sanchez or Commissioner Gort or Commissioner Regalado for taking
money from Little Havana or taking money from Allapattah or taking money from Flagami and putting it in
Overtown and that's what's going on and that's why we need this kind of independent panel that can really
say what the truth is without regard to all of this.
Vice Chairman Plummer: Mr. Teele, the only one I have in the Anglo committee is Neil Rogers and I never
watch him so, you don't have to worry about it. All right. Any further discussion on the issue? Hearing
none, call -- read the ordinance. On first reading, the ordinance. Read the ordinance.
Vice Chairman Plummer: Call the roll.
Commissioner Teele: So moved.
Vice Chairman Plummer: Excuse me. Oh, I said it was moved by Teele and seconded by Sanchez before.
Commissioner Teele: I want to make one amendment.
Vice Chairman Plummer: Amendment.
Commissioner Teele: On page 5, the two -member -- number two, "two members shall be appointed by the
Commission at large" should be inserted, selected from a list of names submitted by the DDA and the
Overtown Advisory Board. And that's the language contained in Number 3. And that's sort of a scrivener's
error. That language should be moved up to two. And, then, number 3 would read, "the five members with
each Commissioner nominating one individual," period. Period.
Vice Chairman Plummer: All right.
Commissioner Teele: And, further, that the qualifications will be, members of the committee shall either
reside, work or maintain a place of business or office or own real estate "in the City of Miami," not in the
affected area but in the City of Miami.
Vice Chairman Plummer: So noted. Mr. City Attorney.
Mr. Alejandro Vilarello (City Attorney): Yes, sir.
Vice Chairman Plummer: Be included in the second reading. Call the roll.
79 November 17, 1998
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE XI, ENTITLED:
"ADMINISTRATIONBOARDS, COMMITTEES, COMMISSIONS," AND
CHAPTER 14, ARTICLE V, ENTITLED: "DOWNTOWN
DEVELOPMENT/SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT DISTRICT AND COMMUNITY REDEVELOPMENT
AGENCY," THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, AND AMENDING CERTAIN SECTIONS RELATED TO THE
COMMUNITY REDEVELOPMENT AGENCY FOR THE OMNI
REDEVELOPMENT DISTRICT, TO ESTABLISH THE INDEPENDENT
COMMUNITY REDEVELOPMENT AGENCY AND U.S. HOUSING AND
URBAN DEVELOPMENT FUNDING POLICY, PROGRAM AND
PROCEDURES REVIEW COMMITTEE; TO SET FORTH SAID
COMMITTEE'S PURPOSE, POWERS, AND DUTIES; TO PROVIDE FOR
TERMS OF OFFICE, OFFICERS, MEETINGS; QUORUMS, REQUIREMENT
FOR MEMBERSHIP, ATTENDANCE, AND FILLING OF VACANCIES,
AND TO PROVIDE FOR THE "SUNSET" REVIEW OF SAID COMMITTEE
EVERY FOUR YEARS; MORE PARTICULARLY BY ADDING NEW
SECTIONS 14-300 THROUGH 14-304, AND AMENDING SECTION 2-892
OF SAID CODE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
was introduced by Commissioner Teele, 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: On the -- 23, it's my thing from Bayfront Park.
Commissioner Gort: What are we doing?
Vice Chairman Plummer: We're putting a portable stage. We have the money for the purposes of this
portable stage, but to expand the contract is the reason we had to come back to the City Commission.
Commissioner Gort: What happened to 22?
Vice Chairman Plummer: I'm sorry, this is 22? Twenty-two was already deferred by Commissioner
Sanchez.
80 November 17, 1998
Commissioner Gort: OK.
Vice Chairman Plummer: Twenty-three, I'll move it.
Commissioner Teele: Second.
Commissioner Sanchez: Second.
Vice Chairman Plummer: Anyone wishing to discuss? Yes.
Mr. Daniel Ricker: Daniel Ricker, 4302 Ingraham Highway. This is a mundane thing. What is the
emergency and why did we wait so long? Is it because of a short duration until -- I guess this is for some
concert or something coming up?
Vice Chairman Plummer: No, sir. It's for the Super Bowl activities that...
Mr. Ricker: OK. So...
Vice Chairman Plummer: ...will be taking place in the park. The monies are there. The problem is, we did
not think that to put it as part of the existing contract, it would take Commission approval. The City
Attorney called my attention to the fact that we had to do what we're doing here and that's the reason it's
here.
Mr. Ricker: Because of the duration, so we will go to a single vendor. I just-- again, I just was curious.
Vice Chairman Plummer: Yes, sir.
Mr. Ricker: Thank you.
Vice Chairman Plummer: OK. All in favor, say "aye." Opposition? Show unanimous.
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-1116
A RESOLUTION, BY A FOUR -FIFTHS AFFIRMATIVE VOTE OF
THE MEMBERS OF THE CITY COMMISSION, RATIFYING THE
CITY MANAGER'S FINDING THAT AN EMERGENCY
SITUATION EXISTS, AND THAT THERE IS ONLY ONE
REASONABLE PROVIDER OF THE REQUIRED SERVICES AT
THIS TIME, AND APPROVING THE CONSTRUCTION OF A
PORTABLE STAGE, IN THE AMOUNT OF $75,000, BY RJB
BUILDERS CORPORATION (RJB) AT THE MILDRED AND
CLAUDE PEPPER BAYFRONT PARK (BAYFRONT PARK);
ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROGRAM FUNDS, `BAYFRONT PARK
IMPROVEMENTS," PROJECT NO. 331401; FURTHER
AUTHORIZING THE BAYFRONT PARK MANAGEMENT TRUST
(TRUST) TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WITH RJB FOR THIS PROJECT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
81 November 17, 1998
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: On 24. Now, we got a park -- is Ms. Dougherty here? Ms. Dougherty. Mr. City
Attorney, read this over. Those are the things that we had agreed upon that seem to - here she is here. Why
don't you get with the City Attorney and we'll come back to this?
Ms. Lucia Dougherty: Sure.
Vice Chairman Plummer: OK.
Vice Chairman Plummer: Item 25, the motorcycles. Mr. - we'll come back to that one. I've asked the local
jobber on motorcycles. He said that he never got a bid. The Police Department is saying that he is. And, of
course, I'd like to wait until we get a definite answer. My problem, to my colleagues, is the fact that we're
doing business with a company in Orlando when we have a local company. That bothers me, as you know,
to do business with home folks.
Vice Chairman Plummer: Item 26, a lease of an automated car wash. Wow!
Commissioner Sanchez: I have a problem with that.
Vice Chairman Plummer: All right. What do you wish to do with it, defer it, discuss it?
Commissioner Sanchez: No, I want to -- I know what I'm going to do. I'm going to vote no for it but I'm
willing to, you know, argue the -- argue some things here.
Vice Chairman Plummer: What do you want to do?
Commissioner Sanchez: Let's hear it.
Mr. Juan Pascual: Commissioner...
Vice Chairman Plummer: You want to hear it?
Commissioner Sanchez: Yeah.
82 November 17, 1998
Vice Chairman Plummer: Then, let's hear it. All right.
Mr. Pascual: Juan Pascual, Director of GSA (General Services Administration). Currently, the City of
Miami does not have a car wash in place for any of the washing of the over one thousand four hundred and
fifty vehicle that are in our fleet between Police and Fire and the general fleet. This is a lease. This is not a
purchase. The reason why we're leasing is, if we purchase, we would be responsible for the maintenance as
well as the upkeep of any equipment that we purchase. In the past, the City has purchased and that has
caused great expenses in maintenance and repair of such equipment. By leasing, we would be able to walk
away from it at the end of the lease. The company that we're leasing from will be responsible for
maintenance, as well as supplying all the materials, subs and so forth that are needed under the contract.
Vice Chairman Plummer: How many jobs could we provide for a hundred and eighty-four thousand dollars
($184,000)?
Mr. Pascual: Well, Commissioner, it comes out...
Vice Chairman Plummer: We've got people out here begging for work.
Mr. Pascual: It comes -- the base bid, basically, comes out to thirty-four dollars ($34) -- excuse me,
thirty-four and a half cents per car wash is the way it breaks down. The base bid is based on two hundred
and fifty vehicles being washed per day, seven days a week. The Police Department alone has 1100
vehicles in their fleet. This car wash would be available to the whole city. It's centrally located. It will be at
the main police headquarters building. The infrastructure already exists where the prior car wash was, so,
we don't have to build any. There's no construction costs. It's simply the installation of the equipment.
Vice Chairman Plummer: I thought the police were supposed to take care of their own cars.
Commissioner Sanchez: I have a couple of questions on that.
Vice Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: What is the annual cost?
Mr. Pascual: The annual cost is, on the base of the contract, it's -- for the first year, would be thirty-five
thousand five hundred dollars ($35,500). The base being thirty-one thousand five hundred and we're putting
in four thousand dollars ($4,000) in the eventuality that we do a cost overran if we wash more than two
hundred and fifty vehicles per day.
Commissioner Sanchez: And you said this is a lease car wash. Therefore, we're not entitled to repairs or
damage costs?
Mr. Pascual Well, I don't understand the question, Commissioner.
Commissioner Sanchez: We're leasing it, correct?
Mr. Donald H. Warshaw (City Manager): If it breaks down.
Commissioner Sanchez: If it breaks down.
Mr. Pascual: If it breaks, yeah. Are we talking about damage to vehicles or are we talking-- because it'll
have insurance.
Commissioner Sanchez: No, no, no, no. Who -- if it breaks, who pays for it?
Mr. Pascual: They do, sir.
Commissioner Sanchez: They do.
83 November 17, 1998
Mr. Pascual: They maintain it and they're responsible for the total upkeep of the equipment.
Commissioner Sanchez: Here's where my argument comes in. Right now the City Police Department and
everyone who works for the City, when they need a car wash, they go to the local car washes in the city.
One, it generates money for the local businesses. Two, it provides an opportunity for these local businesses
to interact with City employees, police officers, firefighters, which is good for our community, and third is,
it's providing an income to these businesses that are struggling to make it. If we go to this concept, I still
think that some of the individuals -- and their cars are going to take them to other places to get them waxed
and stuff like that. So, you know, my thing is, I'd rather put the money back in the community, as
Commissioner Plummer says, and provide the opportunity to, you know -- because, you know what's going
to happen with the police officers? Little by little, if you-- they get their car washed here, they're not going
to go to these businesses and get off, and get to know the people and have an inter -relationship that's so
needed in this community.
Mr. Pascual: Well, its a perception issue, Commissioner, since we have not had a car wash that the
employees can take those vehicle assigned to their departments and themselves to, the perception is, as you
see vehicles driving throughout the city, that they're not necessarily washed on a regular basis. So, there's a
perception that the equipment looks more rundown than, in reality, it may very well be. So, in the case of
the Police Department, they can speak for themselves, but they have take home cars that they -- not
necessarily get washed within the city if they do -- you know, when they do wash them.
Vice Chairman Plummer: Mr. Sanchez, what do you wish to do?
Commissioner Sanchez: I want the City Manager, if he could, say a few words on this.
Vice Chairman Plummer: Mr. City Manager.
Mr. Warshaw: Commissioner, just to give you a little history. The current police facility had a car wash
built when the building opened. That car wash, over a period of years, deteriorated and broke. This equality
issue really, in reality it's true. Many of the police officers do wash the cars on their own, pay for it on their
own, but many people who drive fleet cars don't wash them. There's an issue we've had in the past involving
Fair Labor Standards Act, in terms of we're responsible for maintaining the equipment. We looked at car
washes in the community. The problem is the absolute best deal we were able to get would have cost us
almost 10 times this amount, based upon the number of washes per year. So, we made an assessment that it
will probably be cheaper to either buy or lease the equipment on our own and that's basically what you have
in front of you now.
Vice Chairman Plummer: Mr. Sanchez...
Commissioner Teele: Question.
Vice Chairman Plummer: ... any other --
Commissioner Teele: Question.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Just a question. What is the annual cost to the City for the car wash?
Commissioner Sanchez: Thirty-five thousand.
Vice Chairman Plummer: Thirty-five five.
Mr. Warshaw: Thirty-five thousand dollars ($35,000).
Mr. Pascual: Maximum is thirtyfive five. The base bid is thirty-one five. It can be as low as thirty-one five
and no higher than thirty-five thousand five hundred.
Commissioner Teele: So, roughly, thirty thousand dollars ($30,000). How much money are we spending if,
84 November 17, 1998
at any, for car washes now? What is -- I heard what Mr. Sanchez just said but nobody --
Mr. Warshaw: We're not spending...
Commissioner Teele: I just want to know, is that-- is there a voucher system? Is there any system in effect
now?
Mr. Warshaw: No, sir.
Vice Chairman Plummer: Just dirty cars.
Mr. Warshaw: We are not spending any money for car washing now.
Commissioner Teele: Well, I got to tell you. I'm very persuaded by what Commissioner Sanchez said. You
know what, the Chief just said one thing that triggered it all and that's Fair Labor Standards Act. The day we
provide this, again, I guarantee you, within the next year or two, you're going to see it come up in
negotiations. Because one thing about these kinds of things, I think it's almost, as we used to say licking the
plate, we give police cars and that has a value of-- you pick a number. Three thousand a year?
Vice Chairman Plummer: How much?
Commissioner Teele: Four thousand. Pick a member, J.L., I don't want to argue about...
Vice Chairman Plummer: Sevent}�five hundred.
Commissioner Teele: Seventy-five hundred a year. I think we're in a fiscal emergency still and, you know,
I don't know -- I thought Commissioner Sanchez -- I don't know where he's going but I can tell you this, I
think the value of having police officers...
Commissioner Sanchez: Interact with the community.
Commissioner Teele: ...interact with the community is so valuable. And I'll tell you what I'd rather see you
do. I'd rather see you take that thirty thousand dollars ($30,000) and roll it to a voucher system, whereby
you voucher every car with'x' number of washes and let's just keep the money in the system. Now, I realize,
you know, that we obviously have the money to spend and it's been budgeted, but I think there are several
ways to do it. But I'm really concerned, because I'll tell you this, I authored the take home car in the County
and the County was four years ahead of the City doing this, five years ahead. I caught all kind of mess from
The Herald Editorial Board. It cost the County sevenq five million dollars ($75,000,000) to implement that
program, OK. And it was implemented under the condition that it would not be a collective bargaining
issue, one. And two, that anybody who didn't live in Broward -- Dade County would not get a car. Well, I
want you to know, everybody who lives in Broward, Monroe, and Palm beach County now gets a car and
two, it's a part of the collective bargaining process. So, I think you're opening the door to a much bigger
issue here. And, Mr. Sanchez, if you make the motion, I'll second it.
Vice Chairman Plummer: Make the motion.
Commissioner Gort: Mr. Chairman. Wait a minute.
Vice Chairman Plummer: Mr. Gort. Hey, guys, look, I'm rushing but I want you to know, we've got a
much longer -- we're only half way through the first agenda and we've got Planning and Zoning. I've got
nowhere to go tonight but at 9 o'clock is Amen. Talk all you want.
Commissioner Gort: Commissioner, I think I'm one of the guys that hardly speaks in here. I mean, every
time...
Vice Chairman Plummer: And I'm guilty more than anybody.
Commissioner Gort: You know, every time people tell me, you never speak. I just want to ask one
question.
85 November 17, 1998
Vice Chairman Plummer: That's not true.
Commissioner Gort: You are talking about one car wash, right?
Captain Joseph Longueira (Support Services Section): Yes, sir.
Commissioner Gort: So, it would be very difficult to have everybody line up -- line ups to cash their cars
can be very difficult. My understanding is, you can get three thousand dollars ($3,000) a month and you can
probably work out deals with car washes, where they'll love to have police cars coming over. And you can
divide the -- there's about five or six within the City of Miami where they can go have their car washed.
Captain Longueira: We have good deals now, that the FOP (Fraternal Order of Police) went out and
negotiated with some vendors. But to give you an idea, where I take my car is one of the vendors we're
talking about. It's six dollars ($6) every time. Now, understand what we're talking about. I could wash my
car today if I'm a patrol officer. I can go on the street tonight, arrest a bloody prisoner, have blood all over
my car, and that car needs to be washed tomorrow.
Vice Chairman Plummer: Well, why wouldn't you do it?
Captain Longueira: For another six bucks and another six bucks.
Vice Chairman Plummer: But why wouldn't you do it personally?
Mr. Longueira: Well, I'll tell you why.
Vice Chairman Plummer: We're now giving you a car. We're no longer making you change a tire. When I
blow out a tire in my car, I change it. I don't spend two hours waiting for a service to show up that may be
dust does or does not have a spare.
Mr. Longueira: Commissioner, I didn't negotiate the contract and I didn't make this...
Vice Chairman Plummer: Obviously, nobody did.
Captain Longueira: ...a Fair Labor Contract issue but it is having a car.
Vice Chairman Plummer: You finished?
Captain Longueira: What the City's in jeopardy at is what happened with the motorcycles. When the
officers clean their motorcycles off -duty, on their own time, it became a Fair Labor Standard Issue and the
City had to negotiate a settlement and had to pay the officers and give them time to do it on duty.
Vice Chairman Plummer: Mr. Sanchez.
Captain Longueira: You don't want to take patrol time off the street for them to do it on duty.
Vice Chairman Plummer: Then, you know, it was not negotiated to take home cars, so let's take the cars
back.
Mr. Warshaw: No. Commissioner, that's a separate issue. But let me just add the final...
Vice Chairman Plummer: Look, we're beating a dead horse. Mr. Sanchez, what do you wish to do? Make
me a motion.
Commissioner Sanchez: Well, I'm thinking about a motion and making a good motion.
Vice Chairman Plummer: Defer it.
Commissioner Sanchez: We'll defer it and we'll sit down and have a meeting, OK.
86 November 17, 1998
Vice Chairman Plummer: We'll defer it until the next meeting.
Commissioner Teele: Second.
Vice Chairman Plummer: All in favor, say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO.98-1117
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 26
(PROPOSED LEASE OF AUTOMATED CAR WASH SYSTEM) TO THE
NEXT COMMISSION MEETING.
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.
Commissioner Regalado: When you come back, can you tell us or tell me about the garbage trucks? What
is the way to clean the garbage trucks.
Mr. Pascual: That is separate, sir. We have at the GSA facility a heavy equipment wash, which we wash
the heavy equipment there.
Vice Chairman Plummer: Why can't you use that for police cars?
Mr. Pascual: Because it's set up for heavy equipment.
Vice Chairman Plummer: Yeah, yeah.
Commissioner Sanchez: Hey, these car washes...
Vice Chairman Plummer: If you were a small city, you'd have a problem. OK?
Commissioner Sanchez: These car washes provide a lot of employment for a lot of people.
Vice Chairman Plummer: There was a second. Gort seconded it.
Vice Chairman Plummer: Item 27. Now we're going to buy gasoline so they can all go to West Palm
Beach, Disney World, and Key Largo. Six hundred and sixty thousand dollars ($660,000).
Mr. Juan Pascual: Juan Pascual, Director of GSA (General Services Administration), again on the issue.
This is a separate purchase piggy backing off of an existing County contract for the purchase of diesel fuel
87 November 17, 1998
and gasoline for the GSA fuel facility. It has nothing to do with the current intergovernmental agreement
that we have with Metro -Dade County for the fueling of these vehicles.
Vice Chairman Plummer: Is there a motion?
Commissioner Gort: Move it.
Vice Chairman Plummer: Moved by Gort. Seconded by Sanchez. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show it unanimous.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-1118
A RESOLUTION, WITH ATTACHMENT, APPROVING THE
PROCUREMENT OF GASOLINE AND DIESEL FUEL ON A SPOT
MARKET BASIS FROM VENDORS LISTED ON THE ATTACHED
CONTRACT AWARD SHEET, UNDER EXISTING MIAMI-DADE COUNTY
CONTRACT NO. 3143-0/03-SW, ON A CONTRACT BASIS UNTIL JULY 31,
2003, FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, AT A TOTAL ANNUAL AMOUNT NOT TO EXCEED
$660,116; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT
OF GENERAL SERVICES ADMINISTRATION, HEAVY EQUIPMENT
GARAGE, ACCOUNT CODE NO. 509000.420901.6.715.
(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: Twentyeight. The City Attorney. The Plan. Declaration of Trust. What does
that mean? We trust you or we don't trust you?
Mr. Alejandro Vilarello (City Attorney): This implements the ordinance that you approved at the last
Commission meeting, providing for an ICMA (International City Management Association) purchase plan
and trust for the City Attorney.
Vice Chairman Plummer: This is the City Attorney retirement plan. Is there a motion?
Commissioner Teele: Why do we have to do this?
88 November 17, 1998
Vice Chairman Plummer: Item 28.
Mr. Vilarello: As I understand it, the ICMA requires such a representation of the creation of the plan by the
City Commission.
Vice Chairman Plummer: Is there a motion?
Commissioner Teele: Let me just ask this.
Vice Chairman Plummer: All right, sir.
Commissioner Teele: Doesn't this only relate to one person?
Mr. Vilarello: Yes, sir.
Commissioner Teele: And you're signing this as a lawyer?
Mr. Vilarello: Yes, sir.
Commissioner Teele: I move that it be deferred until December...
Vice Chairman Plummer: Motion to defer.
Commissioner Teele: ...and that a lawyer, other than the lawyer who's affected, sign off on this?
Vice Chairman Plummer: All right, sir. All in favor of deferment, say "aye."
Commissioner Sanchez: Second.
Mr. Walter J. Foeman (City Clerk): Need a seconder.
Commissioner Sanchez: Needs a second.
Vice Chairman Plummer: Seconded by Gort.
Commissioner Sanchez: Second.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-1119
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 28
(PROPOSED RETIREMENT PLAN FOR CITY ATTORNEY) TO THE
COMMISSION MEETING SCHEDULED FOR DECEMBER 8, 1998;
FURTHER INSTRUCTING THAT AN ASSISTANT ATTORNEY OTHER
THAN THE AFFECTED ATTORNEY SIGN OFF ON THIS ITEM.
89 November 17, 1998
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: Item 29.
Commissioner Gort: Move it.
Vice Chairman Plummer: A joint participation agreement funding of three million two hundred thousand
four nineteen for the construction of the Watson Island Aviation and Visitor's Center. Where is the money
coming from?
Erdal Donmez (Director, Department of Real Estate and Development): Erdal Donmez, Department of Real
Estate and Development. From the State of Florida, sir.
Vice Chairman Plummer: All right. All of that money is from the State?
Mr. Donmez: That's correct.
Vice Chairman Plummer: Is it in the bank?
Mr. Donmez: No. We have to enter into this agreement, you know, first and we will receive the monies.
Commissioner Sanchez: So moved.
Vice Chairman Plummer: Motion by...
Commissioner Sanchez: Moved.
Commissioner Gort: Gort.
Vice Chairman Plummer: ...Sanchez, by Gort. Teele.
Commissioner Teele: Second.
Vice Chairman Plummer: Teele.
Commissioner Teele: For the purposes of discussion. The memo says that half of the money is coming
from Greater Miami Convention and Visitor's Bureau. Is that from our allocation of the Bureau money? I
mean...
Mr. Donmez: The City's allocation is, in this case, real a zero. The total of construction cost is six point
four million dollars ($6,400,000). Three point two...
90 November 17, 1998
Commissioner Teele: Mr. Donmez, the money that is coming from the Greater Miami Convention and
Visitor's Bureau, it says 50 percent is coming from that. Is that a correct statement or is it not?
Vice Chairman Plummer: Yes.
Mr. Donmez: Yes.
Commissioner Teele: Now -- and right now that money is coming-- their money is coming from where?
Vice Chairman Plummer: From their...
Commissioner Teele: How does the Convention and Visitor's Bureau get that-- I want the record to be
clear. Because, you see, this is not coming the way it was expressed and I'm just trying to be very clear here.
This is citizens' money. Don't -- doesn't the Convention and Visitor's Bureau funds from come from bid --
sales tax, bed tax?
Vice Chairman Plummer: The five million of it do, yes, but they operate on a total budget of twelve million.
Commissioner Teele: So, half of their money -- approximately, half of their money comes from the City of
Miami or from -- because we don't get our fair share back, the last time I checked.
Vice Chairman Plummer: No, we don't. No.
Mr. Donmez: We get three million once a year.
Vice Chairman Plummer: Fort} -seven percent of the bid tax money is raised in the City of Miami and we
only get about 19 or 20 percent of the money back.
Commissioner Teele: But the point is, the money is not coming just from the State of Florida?
Mr. Donmez: That's correct.
Commissioner Teele: That's what I wanted clear on the record, that this is-- fifty percent is coming from the
Florida DOT (Department of Transportation).
Vice Chairman Plummer: Right.
Commissioner Teele: And fifty percent is coming from the Convention and Visitor's Bureau, of which,
about half of their money is collected here in...
Mr. Donmez: Within the City of Miami.
Commissioner Teele: Within the City of Miami, OK, and I just want to be clear on the record.
Mr. Donmez: I understand.
Vice Chairman Plummer: Well, there's one other thing I want to make sure that we're clear...
Commissioner Teele: Because, see, Miami Beach has gotten smart.
Vice Chairman Plummer: They got a VCA (Visitor's Convention Authority)..
Commissioner Teele: Huh?
Vice Chairman Plummer: They got the VCA.
Commissioner Teele: What's that?
Vice Chairman Plummer: The Visitor's Convention Authority.
91 November 17, 1998
Commissioner Teele: All I know is, they got a bigger chunk of their money coming back to them now.
That's all I know.
Vice Chairman Plummer: Well, plus they get five percent of their own on the beach. That does not go to
TDC (Tourist Development Council). The point I want to be make sure, Mr. Manager, that the hundred
thousand that we've given them in the interlocal agreement in previous years is no longer in existence. Now,
make sure of that, OK?
Commissioner Gort: It's not.
Vice Chairman Plummer: Because that's -- our contribution was the land, so I want to make sure that it is
subject to the full understanding that the interlocal agreement with the City of Miami is at zero dollars.
Mr. Warshaw: I understand.
Vice Chairman Plummer: OK. All right. We are now, then, on Item 29. Moved by Gort. Seconded by
Sanchez. All in favor, say "aye.".
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show unanimous
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-1120
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE A JOINT PARTICIPATION AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION, FOR GRANT FUNDING
ASSISTANCE, IN THE AMOUNT OF $3,200,419, FOR CONSTRUCTION OF
THE WATSON ISLAND AVIATION AND VISITORS CENTER, CAPITAL
IMPROVEMENT PROGRAM PROJECT NO. 344101, WITH A LOCAL
MATCH OF AN EQUAL AMOUNT TO BE PROVIDED BY THE GREATER
MIAMI CONVENTION AND VISITORS BUREAU.
(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.
92 November 17, 1998
Vice Chairman Plummer: Item 30, we've already taken. Item 31, a request for proposals on workman's
compensation claims. Mr. Manager, you wish to make any comments?
Commissioner Sanchez: So moved.
Vice Chairman Plummer: So moved by Sanchez. Seconded by Gort. Anyone wishing to discuss Item 31?
Let the record reflect that no one came forth. All in favor, say "aye.".
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show unanimous ballot.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1121
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ISSUE A
REQUEST FOR PROPOSALS (RFP), FOR THE PROVISION OF WORKERS'
COMPENSATION CLAIMS ADMINISTRATION SERVICES FOR THE
DEPARTMENT OF RISK MANAGEMENT; FURTHER AUTHORIZING THE
CITY MANAGER TO EVALUATE SAID PROPOSALS AND SUBMIT
THEM TO THE CITY COMMISSION, IN RANK ORDER, FOR ITS REVIEW
AND CONSIDERATION.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: Item 32, authorizing the City Manager to execute for Virginia Key a cost of
sixty-five thousand dollars ($65,000) for the environmental protection.
Commissioner Gort: This is at no cost to the City, right?
Vice Chairman Plummer: Where is Dena? Dena, Item 32. No cost to the City?
Mr. Clarence Patterson (Director/Solid Waste): No, sir.
Commissioner Gort: No.
93 November 17, 1998
Commissioner Sanchez: It's under a reimbursement basis?
Mr. Patterson: Yes, sir.
Commissioner Sanchez: Who's going to reimburse us?
Mr. Patterson: State of Florida Environmental Protection.
Commissioner Sanchez: So moved.
Vice Chairman Plummer: Is there a second? By Gort.
Commissioner Regalado: Second.
Vice Chairman Plummer: Anyone wishing to speak on-- you wish to speak on Item 32, sir?
Mr. Gary Milano: Just in support. I work with Dade County.
Commissioner Gort: We passed it.
Vice Chairman Plummer: Well, then, sit down. You're better off.
Mr. Milano: Thank you.
Commissioner Sanchez: You're better off.
Vice Chairman Plummer: All in favor of Item 32...
Commissioner Gort: Did a great presentation.
Vice Chairman Plummer: All in favor of Item 32, say "aye."
Commissioner Teele: Mr. Chairman?
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: The gentleman -- did you say you work for who?
Commissioner Regalado: DERM (Department of Environmental Resources Management).
Commissioner Teele: For DERM?
Commissioner Regalado: Yes.
Commissioner Teele: I think it's important that they put their support for this on the record.
Vice Chairman Plummer: Mr. DERM, come to the microphone.
Mr. Gary Milano: How do you do?
Vice Chairman Plummer: For the record, your name, mailing address and how we make out the check.
Mr. Gary Milano: Yes, sir. My name is Gary Milano. I live at 5974 Southwest 59th Street. I am the
coordinator for Habitat Restoration for Miami Dade County, DERM, and we've been working with the City
of Miami now for about a year and a half in restoring an area on the north end of Virginia Key, and this
resolution will give us the opportunity to expand the project at no cost to the City of Miami and Dade
County, which is already putting sixty-five thousand dollars ($65,000) into the project, will match state grant
on City land to enhance your environment.
94 November 17, 1998
Vice Chairman Plummer: All in favor of Item 32?
Mr. Dan Ricker: It'll be quick.
Vice Chairman Plummer: Wait a minute, now. We got Mr. BoomBoom here from the Grove. All right,
sir. Your name and mailing address.
Mr. Ricker: Daniel Ricker, 4302 Ingerham Highway. In regard to this issue, I was just curious. Is it-- did
the City of Miami fail to do something in an environmental way, and that now the County is exercising its
activity in this? As I see, there's a set -- a consent agreement. I'm trying to figure out...
Mr. Milano: Yes, sir. There's some other issues here. There was a consent that came about because of
some damage as a result of the hurricane clean-up.
Mr. Ricker: OK. But it wasn't our failure as a City?
Vice Chairman Plummer: No.
Mr. Milano: But this is, in no way, connected to that as far as the monies.
Vice Chairman Plummer: OK.
Mr. Milano: The monies are totally separate.
Mr. Ricker: OK. My issue was, wasn't the City doing something adverse against the environment?
Mr. Milano: The City is doing their share as part of this consent agreement.
Mr. Ricker: Thank you very much. That's all I wanted.
Vice Chairman Plummer: All right. All in favor of Item 32, say "aye.".
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show it unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1122
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN INTER -LOCAL AGREEMENT WITH
MIAMI-DADE COUNTY, IN SUBSTANTIALLY THE ATTACHED FORM,
TO COMPLETE THE ENVIRONMENTAL ENHANCEMENT AND
MANGROVE RESTORATION WORK ON VIRGINIA KEY REQUIRED
UNDER THE CONSENT AGREEMENT DATED MARCH 15, 1996, AT A
COST NOT TO EXCEED $65,000, SAID COMPENSATION TO BE PAID BY
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, ON
A REIMBURSEMENT BASIS, IN ACCORDANCE WITH THE TERMS OF
THE AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION AND THE CITY OF MIAMI DATED
MAY 28, 1998, DEP CONTRACT NO. SP-406.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
95 November 17, 1998
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: Thirty-two A. Is the Orange Bowl Committee here?
Commissioner Sanchez: I have a motion.
Vice Chairman Plummer: Well, hold on just a minute. They're not here.
Ms. Christina Abrams (Director/Public Facilities): Yes, they are.
Vice Chairman Plummer: Where are they?
Ms. Abrams: Mr. Jeff Merk, from the Orange Bowl Committee, is here.
Vice Chairman Plummer: Who is he?
Ms. Abrams: Mr. Merk...
Vice Chairman Plummer: Who is he? What is his capacity?
Ms. Abrams: He's the Events Manager for the Orange Bowl Committee.
Vice Chairman Plummer: Is he empowered to speak for the Orange Bowl Committee?
Mr. Jeff Merk: Yes, sir.
Commissioner Sanchez: And negotiate?
Vice Chairman Plummer: And you can negotiate, sir? Hello, I'm calling collect.
Mr. Merk: No, sir.
Vice Chairman Plummer: You're not empowered to negotiate?
Mr. Merk: I don't believe so.
Vice Chairman Plummer: Well, go get your boss and tell him to come here.
Commissioner Sanchez: There goes my motion.
Vice Chairman Plummer: No, I want somebody to stand at the microphone who has the capacity to
negotiate.
96 November 17, 1998
Commissioner Sanchez: But...
Vice Chairman Plummer: They can come back later. We're going to be here for a long time.
Commissioner Sanchez: J.L?
Ms. Abrams: Can I present the item?
Vice Chairman Plummer: Excuse me?
Commissioner Sanchez: If I could just have a minute?
Vice Chairman Plummer: No, I've got negotiations to do on this thing, OK. I mean, you know-- let me tell
you something.
Commissioner Sanchez: Wait.
Vice Chairman Plummer: I put out the word that I wanted to negotiate and if they're not interested in
sending someone here in the capacity, who has the ability to negotiate, they obviously are not interested.
Now, all I'm asking is -- sir, this is not personal between you and I — there must be somebody over there that
has that capacity to negotiate. Mr. Dotson, Mr. Dibble, Dribble, Dribble. You know, it would seem like one
of those would be interested enough to be here.
Commissioner Teele: Commissioner Plummer?
Vice Chairman Plummer: Yes, Mr. Teele.
Commissioner Teele: I know that Commissioner Sanchez is trying to be recognized. Would you and
Commissioner Sanchez, please, just explain very briefly what's going on here. Because some of us are not
sort of in the loop, if you will. And -- I mean, I really would just like to know briefly what's going on.
Vice Chairman Plummer: All right. Mr. Teele, I'll first speak and, then, I'll turn it over to him. My problem
is that the negotiations, what they have done here, there's a lot of the areas that I feel that is not fair to the
City. I am also concerned about the fact that, in the Orange Bowl parade, which they are the soul authority
there, they have done certain things this year which, in my opinion, are detrimental to the City of Miami.
Commissioner Teele: Like what?
Vice Chairman Plummer: Namely, number one, because we have all the Super Bowl events in Bayfront
Park, we asked them to, please remove the bleachers because we have the press party for the Super Bowl;
we have three other events for Super Bowl, and we wanted everything to look good. They told us, "if you
want those bleachers out of there, you're going to have to pay fifteen thousand dollars ($15,000) or we're
going to take 60 or 90 days, like we have in the past. Second of all, they have completely, this year, want to
gate the entire place, all day long. What that, in effect, does, the big event that we have free to the public of
this community, called the Big Orange, will be locked out from any access, in and out, by virtue, that you'll
have to go all the way to the north or all the way to the south. I have no problem with them being able to
lock it off at, say, five o'clock in the afternoon. Six thirty parade and, then, immediately after the parade is
over, open it up for people to get back into Bayfront Park. Second of all -- third of all, every year we have
always had the right at Bayfront Park to do the vending and then, suddenly, this year they say 'hope,
Bayfront Park's not going to be Doing it. They're not going to be a recipient and we're going to doing it."
Guess where they're going to do it? In my park. And I've asked the City Attorney....
Commissioner Gort: Our park.
Vice Chairman Plummer: Our park, excuse me.
Commissioner Teele: No, no, no, no, no. That's -- I mean, that's overreaching, J.L
97 November 17, 1998
Vice Chairman Plummer: Huh?
Commissioner Teele: They're overreaching.
Vice Chairman Plummer: Sir, that's why I'm saying, I want somebody to stand at that podium who has the
right to negotiate. And if we don't, c'est la vie. Let them be the Pembroke Pines porpoises.
Ms. Abrams: But, Commissioner, this agreement is for the Orange Bowl Stadium. It has nothing to do with
the parade.
Vice Chairman Plummer: Excuse me. I would appreciate somebody here to be able to negotiate. You can't
negotiate.
Commissioner Sanchez: Mr. Vice Chair?
Vice Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: If I could be recognized. Yeah, I do think somebody should be here that should be
able to answer questions. My motion was to allow you to do the negotiations between the City and the
Orange Bowl Committee.
Commissioner Teele: I second the motion.
Commissioner Sanchez: Wait, wait, hold on. Before I make the motion, hold on. I have not made it yet. I
understand there's some sour grapes between the City and the Orange Bowl Committee but I'll tell you this
much, the economical impact of having the game back at the Orange Bowl, it is to our best benefit as a City
to generate money and clean up our image. Sometimes you've got to swallow your pride and I suggest that
we do this on this matter and work with them, try to bring some more sporting events back to the Orange
Bowl, which is in the best interest, not only the citizens, the City, and all of us here, but I suggest-- I'm still
going to make the motion because I think that you are a gentleman, a negotiator, you are the elder, so-- but
I'm asking you -- I'm asking you, as a personal favor...
Commissioner Teele: This guy's getting good.
Vice Chairman Plummer: At first, I thought he was helping me.
Commissioner Sanchez: Listen, I'm asking you as a personal favor, please, be gentle.
Vice Chairman Plummer: Mr. Sanchez, all I'm asking, that somebody over there be remembering that
cooperation is a two-way street.
Commissioner Sanchez: Yes.
Vice Chairman Plummer: OK.
Commissioner Teele: But we're going to be here until 7, 8:00, aren't we?
Vice Chairman Plummer: If they want to bring somebody here, I'll be glad to sit with them for 15 or 20
minutes and tell them what they've got to do. Now, you know, I'm really offended that one of the top notch
people of that Orange Bowl Committee is not here. You know, Clark Cook is in my office every morning at
7:30 for coffee. For some reason, he didn't show up this morning and I'm beginning to know the reason
why. So, this matter is deferred.
Commissioner Sanchez: No, wait. Let me make the motion.
Vice Chairman Plummer: Well, the motion is to appoint...
Commissioner Teele: To the end of the day.
98 November 17, 1998
Vice Chairman Plummer: Yeah, that's fine.
Commissioner Sanchez: OK.
Commissioner Regalado: Right.
Vice Chairman Plummer: If they show up.
Commissioner Teele: By the way, when we reconvened, did you reconvene as a new meeting?
Vice Chairman Plummer: As what?
Commissioner Teele: Didn't you say something about we have to have to two meetings of the month?
Vice Chairman Plummer: Yes, sir, we do. But we haven't gone into zoning yet.
Commissioner Gort: Later on, the Planning.
Commissioner Teele: OK.
Vice Chairman Plummer: Planning and Zoning is the second meeting. All right.
Commissioner Teele: So, the motion is to defer until the end of the...
Vice Chairman Plummer: This is deferred and, hopefully, they will show up.
Commissioner Teele: Commissioner, I just wanted to just say one thing. I agree with everything
Commissioner Sanchez, except the personal attributes that he...
Vice Chairman Plummer: Thank you, sir, because you're about my age.
Commissioner Teele: But, J.L., seriously, I agree, we should swallow our pride but do not swallow the
dollars. The money that you all generated, you know — and Bayfront Park is a model of, I think, leadership.
It's a model of City commitment. I just wish Overtown looked like Bayfront Park. But it happened, J.L.,
because you all have been very frugal and you've been very careful to keep all of the money over there. We
cannot afford to start giving away money in the middle of a financial emergency and, quite frankly, I think
the Orange Bowl Committee should take it to heart that, if we were to do it, I think the Oversight Board
would probably be obliged, notwithstanding the fact that most of them probably are members of the Orange
Bowl Committee, would be obliged to, basically, review this contract the same way they're reviewing every
other contract.
Vice Chairman Plummer: I Agree.
Commissioner Teele: We cannot start giving away money.
Commissioner Gort: I have a question.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: If we approve this, this will have to go to the Oversight Board.
Vice Chairman Plummer: Of course. It's a contract.
Ms. Abrams: Yes, but this is only for the stadium. It has nothing to do with the parade or any other...
Commissioner Gort: It's a contract. My second question is...
Vice Chairman Plummer: Well, if they show up before 9:00, then we got a shot.
99 November 17, 1998
Commissioner Gort: Excuse me. I have a question.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: Thank you. Is this a one-time deal?
Ms. Abrams: Yes. It's a one-year. It's a rent of two hundred and fifty thousand...
Commissioner Gort: No, I got all that. But this is one time because there's somebody else playing at the
same time in the other stadium.
Commissioner Teele: That's right.
Ms. Abrams: Correct, yes, one time.
Commissioner Gort: OK.
Vice Chairman Plummer: You're right. We were playing...
Commissioner Gort: But also...
Vice Chairman Plummer: They're using us for second fiddle.
Commissioner Gort: OK. Thank you.
Vice Chairman Plummer: And I would like to — a more delineate thing on — that this is a one-year contract.
It is not a one-year contract.
Ms. Abrams: It's a one-year agreement.
Vice Chairman Plummer: No.
Mr. Donald H. Warshaw (City Manager): One day.
Vice Chairman Plummer: It is a one night agreement.
Ms. Abrams: One event agreement.
Vice Chairman Plummer: Well, excuse me. That which you've given me is a one-year.
Ms. Abrams: My apologies. One...
Commissioner Teele: Did you say one night? What?
Vice Chairman Plummer: It's a one night stand. You know what that means. OK. Commissioner
Plummer, on the Police/Fire Operational Review. Mr. Manager, I have that on here because you have not
informed me as to how much money that I have from the VIP program to start to work with.
Mr. Donald H. Warshaw (City Manager): OK.
Vice Chairman Plummer: How much do I have? And I can't start this thing without knowing the dollars
that I have to work with, at least until this point. We have had October and November.
Mr. Warshaw: Well, we've got about one point seven million in total revenues that we've taken in.
Vice Chairman Plummer: All right.
100 November 17, 1998
Mr. Warshaw: I thought what we wanted to do was cost out what a police and fire review would be and
then...
Vice Chairman Plummer: Are you telling me I have monies, at least, to get it started?
Mr. Warshaw: Well, the Commission has the ability to appropriate dollars.
Vice Chairman Plummer: OK.
Mr. Warshaw: The monies are not in the budget.
Vice Chairman Plummer: All right. I will come back at the next Commission meeting with a preliminary
start up.
Mr. Warshaw: OK.
Vice Chairman Plummer: OK.
Vice Chairman Plummer: On the Sloppy Joe's in Coconut Grove, are any of the people here who have
called my office wanting the opportunity to speak about the noise, about the problems existing? Yes, sir.
Who? You're pointing up to Charlie Cox as an angel of God or -- is there anyone here who wishes, as they
called my office to tell me about the motorcycles at three o'clock in the morning? LieutenantWatkins?
Lieutenant Don Watkins: Yes, sir.
Vice Chairman Plummer: Tell me what your experiences are. As you know, we extended to them a five
o'clock license, with the idea of review. If, in fact, they didn't do what we felt they should, that we would
take it away. What have you found to be the existence?
Lieutenant Watkins: Lieutenant Dan Watkins, Commander of the Coconut Grove. As far as the complaints
from citizens, we're only getting one complaint or one person making the complaints. That's JillVelasquez,
which you know. She's made a number of complaints earlier in the year, when I first took over Coconut
Grove. Since September, when I talked to her last about this, during a Village Council meeting, she said that
the situation over there has gotten better and that, at that time, she was very happy with the way the situation
was there.
Vice Chairman Plummer: All right. You don't feel, at this particular time, that this Commission needs to
take any action?
Lieutenant Watkins: No. From the complaints that I'm getting, not at all.
Vice Chairman Plummer: OK. I give them the opportunity to come here and scream and holler, if they
want. Mr. Manager, I want you to know to compliment this gentleman. The work that he has been doing, in
spite of the few people that you give him to work with, has done a tremendous job in west end. I can't call it
West Grove anymore. West end. Mr. Manager, you give him two more unmarked cars and we will be at
zero tolerance. Now, if you could get Audrey to start working back there on abandoned automobiles, we'd
be all right. Thank you.
Commissioner Gort: Question.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: Can you deputize J.L.? That could be the one unmarked car. He goes there anyway,
so...
101 November 17, 1998
Mr. Warshaw: He's already deputized.
Vice Chairman Plummer: No, no, no, no. did you hear what they're going to do? In the west end, they're
going to buy 15 old blue Cadillacs and put them on the street to drive the drug dealers nuts.
Vice Chairman Plummer: All right, 36. Regalado. Pinar del Rio Way.
Commissioner Regalado: Was deferred. This was deferred, I think, several times but it's...
Vice Chairman Plummer: Send it to the Memorial Committee?
Commissioner Regalado: So, I brought this because this is a province of the Isle of Cuba and there is a lot
of people living in that area and so, I move to...
Vice Chairman Plummer: Send it to the Memorial Committee in a public hearing.
Commissioner Regalado: Well, that is the problem. I had a problem in the past that, I guess, when we took
action on other designation, it didn't come through and I don't know why.
Vice Chairman Plummer: OK.
Commissioner Regalado: It just-- Jim, could you tell me?
Vice Chairman Plummer: What do you wish to do on this one?
Mr. Jim Kay (Director/Public Works): Probably, what happens...
Commissioner Regalado: What do we have to do?
Mr. Kay: What has to happen...
Vice Chairman Plummer: Well, normally, we would send it to the Memorial Committee and have a public
hearing.
Mr. Kay: But the street has to have a sponsor.
Vice Chairman Plummer: He is.
Mr. Kay: Well, the sponsor also needs to come up with a seven hundred dollar ($700.00) fee for a public
hearing.
Commissioner Regalado: Yes.
Vice Chairman Plummer: He is.
Commissioner Regalado: They have the sponsor. They have the sponsor so... But my question, Jim, is, if
the Commission took action, they're ready to sign whatever and pay whatever for the signs to Dade County,
which is -- so what's the next step now? They have to go to your...
Mr. Kay: That has to go to the Street Review, Codesignation Review Committee.
Vice Chairman Plummer: Well, that's the memorial.
Commissioner Regalado: But the problem is that that committee does not meet.
Mr. Jim: It meets. It does meet.
102 November 17, 1998
Vice Chairman Plummer: Sure, it does. Once every three or four years.
Commissioner Sanchez: But it does meet.
Vice Chairman Plummer: Yeah, it does.
Mr. Kay: It does meet.
Commissioner Regalado: But it doesn't meet regularly.
Vice Chairman Plummer: Excuse me. Schedule it for the January meeting. If, in fact, they don't meet and
make some decision, then this Commission will.
Commissioner Regalado: No. Wait, because we've been deferring this-- Walter, do you know?
Mr. Walter J. Foeman (City Clerk): I'd have to check to see when the last meeting. I could check the
records, if you'd like.
Commissioner Regalado: Well...
Mr. Kay: Let me say this. We often have difficulty sometimes getting quorums to get the people together
so that we can have a meeting, hold a meeting, to consider these items and it's been an ongoing problem and
we'll do our best to make sure that we do get the quorum.
Vice Chairman Plummer: OK.
Commissioner Regalado: OK. But it has to go to the Street Codesignation Committee.
Vice Chairman Plummer: Right.
Mr. Kay: Yes, sir.
Commissioner Regalado: OK. Well, so I move to send it.
Vice
Chairman Plummer: So you move it. Seconded by Gort. Any further discussion? All in favor, say
'e.,
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.98-1123
A MOTION REFERRING TO THE MIAMI STREET CODESIGNATION
REVIEW COMMITTEE REQUEST FOR THE DESIGNATION OF A STREET
OR AVENUE WITH THE NAME OF "PINAR DEL RIO WAY;" FURTHER
REQUESTING THAT SAID COMMITTEE PROVIDE A
RECOMMENDATION TO THE CITY COMMISSION FOR ITS
CONSIDERATION AND REVIEW.
103 November 17, 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. Regalado. Noise Abatement.
Commissioner Regalado: We already did that and...
Vice Chairman Plummer: All right.
Commissioner Regalado: Captain McCoy...
Vice Chairman Plummer: I'll come back to mine since the rest-- the whole agenda is yours. Mr. Regalado,
about mistakes made in the billing of fire fees. Mr. Regalado.
Commissioner Regalado: I -- several meetings ago I noticed that there were some bills that were arriving to
residents and business people in the City of Miami with -- regarding the fire fee and when people called,
they were told that they didn't send the old information, and what happened was that - remember, that in '96
and in '97, many inspectors and firemen went out and thought that you had another unit and many people
had called, many inspections have been done, and they ratified the fact that there's only one unit. So, they
corrected it by letter. But when they got the bill, they were charged for two units and this is not only one
case. I have one case here but I have had, Carlos, at least, about 20 cases. So, if you can tell us what is
going on and what has been done.
Chief Carlos Gimenez: Yes, sir. We've identified 325 such cases where the information was transmitted
correctly to GSG, our consultants, and it wasn't downloaded to the County. They have identified those
parcels that were incorrectly billed. They have mailed a -- to those parcels and those owners a correction
letter saying that their bill -- their County tax bill will be corrected, and that's being done as we speak.
They've already received the letters and those corrections are being made with the County now.
Vice Chairman Plummer: Thank you, sir.
Commissioner Regalado: Just for the record, this was not the City's mistake but it was the Company's?
Chief Gimenez: That's correct. We correctly identified those parcels. We made the changes and, somehow,
in the transmission from the company to the county, that mistake was done. There's 325 of those parcels
that were identified and those are the corrective actions that we've taken to rectify the situation.
Vice Chairman Plummer: Thank you, sir. Mr. Regalado. Keep Florida Beautiful.
Commissioner Regalado: I need to defer that to the December meeting because the people...
Vice Chairman Plummer: Deferred until December the 5th.
Commissioner Regalado: OK. I just want to make a note for the record, and this is what I said regarding
104 November 17, 1998
this street naming. The last meeting of the Street Codesignation Committee was held on April of this year,
so it's very difficult to get things done this way.
Vice Chairman Plummer: Have we had any requests to them to do anything, since April?
Commissioner Regalado: I'm sorry?
Vice Chairman Plummer: Have we had a request for them to do anything since April?
Commissioner Regalado: I have no idea what happened. Jim Kay said...
Vice Chairman Plummer: Well, I assume, if there's no business, they don't meet.
Commissioner Regalado: ... that some times there were no quorum. It was in April, Jim.
Vice Chairman Plummer: OK.
Mr. Jim Kay (Director/Public Works): Yes, sir.
Commissioner Regalado: So, what do we do then?
Mr. Kay: We only meet when we get a request for a Street Codesignation.
Vice Chairman Plummer: You got one.
Mr. Kay: OK.
Commissioner Regalado: OK. I think we got two or three.
Vice Chairman Plummer: We expect a recommendation back, hopefully, by the 5th of December. That is
our next meeting, correct, in December? No.
Commissioner Regalado: Eighth. The eighth.
Vice Chairman Plummer: December 8. Ocho. OK.
Vice Chairman Plummer: Mr. City Attorney.
Mr. Alejandro Vilarello (City Attorney): Yes, sir.
Vice Chairman Plummer: Voluntary dismissal on City of Miami and Chalk Airlines. Do you wish to
discuss...
Mr. Vilarello: This was placed on the agenda in anticipation of having a resolution to this matter. At this
point, we don't have a final resolution to this matter.
Vice Chairman Plummer: Defer to December the 5th.
[NOTE FOR THE RECORD: ITEM 39-B WAS DEFERRED TO DECEMBER 5, 1998].
105 November 17, 1998
Vice Chairman Plummer: Mr. City Manager?
Mr. Donald H. Warshaw (City Manager): Yes, sir.
Vice Chairman Plummer: I was shocked to learn the other day in our lot clearing program that there is no
one in this entire county who addresses the problem of rats. Dade County used to have a rodent control.
The thing is being sparked by one house very close to the Boys Club. Mr. Manager, the rats are huge. Mr.
Manager, the rats are absolutely incredible, the amount of them. We have sent out the Health Department.
We have sent out everybody we can think of and these people are having -- the next door neighbors are
having to live with the rats because there is nobody-- the problem is, as we see it, the liability. That, if they
put out a poison, somebody's dog is going to eat the poison. There's something, this, this and this. Mr.
Manager, there must be something that this City can do to assist the people who are suffering with this kind
of problem with rats. I mean, I just can't-- you know, how else can I put it?
Mr. Warshaw: We have...
Vice Chairman Plummer: I would ask you, sir, to come back to the December meeting with some kind of a
solution that this City-- I mean, we're talking about clearing lots. If I've got to live with the grass or the rats,
I'll take the -- you know, the grass any day of the week. Mr. Manager, there's got to be something we can
do.
Mr. Warshaw: We'll bring something back.
Vice Chairman Plummer: Please. Thank you.
Vice Chairman Plummer: All right. Now, we're into appointments. No. Wait a minute. Excuse me. I
skipped over Item 38, I'm told. Thirty-eight was mine. OK, that's taken care of. Also, I would like to go
back to the one in reference to Bayfront Park and the -- what item is that?
Ms. Lucia Dougherty: Twenty-four.
Vice Chairman Plummer: Item 24. This is the agreement for the Valet Parking of the boats down in the
Bayfront Park. There is some discrepancies and the City Attorney has said to me, pass this agreement,
subject to the City Attorneys approval...
Mr. Joel Maxwell (Assistant City Attorney): In a form acceptable to the —in a form acceptable to the City
Attorney.
Vice Chairman Plummer: A form acceptable to the City Attorney. I have no problem with that. I so move
Item 24. Is there a second?
Commissioner Teele: Second.
Vice Chairman Plummer: By Commissioner Teele. Is there any discussion? Hearing none, show it
unanimous.
106 November 17, 1998
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-1124
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE BAYFRONT
PARK MANAGEMENT TRUST ("TRUST") TO EXECUTE AN
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
BAYFRONT VENTURES, INC. TO OPERATE A VALET PARKING
CONCESSION IN THE MILDRED AND CLAUDE PEPPER BAYFRONT
PARK, SUBJECT TO TERMS AND CONDITIONS SET FORTH IN THE
ATTACHED AGREEMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: We are now into appointments and the first one is Item 40. Item 40 is the Miami
Audit. Gort, Regalado, Sanchez, and Teele. I guess I got...
Commissioner Gort: I'd like to...
Vice Chairman Plummer: Mr. Gort
Commissioner Gort: ...nominate. I got a call from Mirtha Guerra. She would like to be reappointed again.
She had resigned before.
Vice Chairman Plummer: Who.
Commissioner Gort: Mirtha Guerra.
Vice Chairman Plummer: All right.
Commissioner Gort: CPA (Certified Public Accountant).
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Willie, Mirtha is in the other committee that we created to -- for the licensing,
remember? But -- I mean, That's no problem at all.
Commissioner Gort: They can serve both.
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: OK. Richard Bercowitz.
107 November 17, 1998
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Temporarily pass. I'd like to do it tonight.
Vice Chairman Plummer: Pass. Sanchez.
Commissioner Sanchez: Defer.
Vice Chairman Plummer: Pass. Motion made to accept the two names proffered by Commissioner Gort,
seconded by Teele. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show none.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO.98-1125
A MOTION APPOINTING MIRTHA GUERRA AND RICHARD
BERCOWITZ AS MEMBERS OF THE MIAMI AUDIT ADVISORY
COMMITTEE.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: Latin Quarter Review Board. Commissioner Teele.
Commissioner Teele: Pass.
Vice Chairman Plummer: Pass. Commissioner Regalado.
Commissioner Regalado: I will defer to the next meeting.
Vice Chairman Plummer: Pass. Plummer passes.
Vice Chairman Plummer: We are now on Item 42. City -Wide Community Development Advisory Board.
Mr. Gort.
Commissioner Gort: I had placed Mr. Pegeras in there.
Mr. Walter J. Foeman (City Clerk): You have one vacancy present now.
Commissioner Gort: Let me pass until later on. I'll pass until later on.
108 November 17, 1998
Vice Chairman Plummer: All right, hold on. Mr. Gort passes on 42.
Vice Chairman Plummer: Forty-three. Coconut Grove Village Council.
Mr. Walter J. Foeman (City Clerk): The Commission needs to make one at large appointment and there are
four confirmations from the Coconut Grove Village Council.
Vice Chairman Plummer: Those are recommended, correct?
Mr. Foeman: Yes, those are recommended by the Coconut Grove...
Vice Chairman Plummer: We do not have to accept those names?
Mr. Foeman: You don't have to accept...
Vice Chairman Plummer: All right. I'll move that and defer it over to the next meeting, 128. It's in my
district.
Mr. Foeman: OK.
Vice Chairman Plummer: All right. Status of Women. Commissioner Teele, you have two. Commissioner
Sanchez, you have three. Commissioner Teele first.
Commissioner Teele: I'm going to pass.
Vice Chairman Plummer: Commissioner Teele passes on both. Mr. Sanchez.
Commissioner Sanchez: I have one appointment. RosaArmesto.
Vice Chairman Plummer: And the other two?
Commissioner Sanchez: Will defer at this time.
Vice Chairman Plummer: Will pass on the other two. Motion made to accept the names proffered.
The Commission (Collectively): Aye.
Vice Chairman Plummer: Are there any opposition? Show it definitely passed.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1126
A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE
COMMISSION ON THE STATUS OF WOMEN FOR A TERM AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
109 November 17, 1998
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: Item 45, Mr. Regalado. This is not your appointment but this is the Street
Designation. Mr. Sanchez, you have an appointment on the Street Codesignation.
Commissioner Sanchez: I will defer.
Vice Chairman Plummer: Pass until the next meeting of 12-8.
Vice Chairman Plummer: All right. Waterfront Advisory Board. Gort, Regalado, and Teele.
Commissioner Gort: I'd like to -- Stuart Sorg.
Vice Chairman Plummer: Mr. Sorg by Gort.
Mr. Walter J. Foeman (City Clerk): Commissioner, he's going to need a four/fifths vote.
Vice Chairman Plummer: Mr. Gort, do you hear that?
Mr. Foeman: Because of excessive absenteeism.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: Yes, I understand that. My understanding is, one of the disappointments that he had, it
was not enough people coming to the board meetings. That's why.
Vice Chairman Plummer: All right, sir. Mr. Gort wishes to still proceed withMr...
Mr. Foeman: OK. I just wanted to include the waiver as part of the vote.
Vice Chairman Plummer: That's fine. Mr. Regalado.
Commissioner Regalado: Rick Ruiz.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Let me ask this, Mr. Attorney. Is this board subject to the dual deal again?
Mr. Joel Maxwell (Assistant City Attorney): I'm sorry, could you repeat that, Commissioner?
Commissioner Teele: Could I appoint Mr. Ernie Martin? that's the name that has been proffered by the ... but
110 November 17, 1998
he's on some other board. He's on the Miami River board.
Mr. Maxwell: There's no dual office holding problem if he's -- if that is not a board that has delegated
responsibilities. I don't think there's a problem.
Commissioner Teele: Mr. Ernie Martin.
Vice Chairman Plummer: A good man.
Mr. Maxwell: Plus, I believe that board was just done away with too.
Vice Chairman Plummer: The only problem with Ernie Martin is, he works for the County.
Commissioner Teele: He's retired now.
Vice Chairman Plummer: OK. Motion made to approve the names proffered. Seconded by Gort. Moved
by Teele. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show it unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-1127
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS REGULAR
MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
Commissioner Gort: Mr. Vice Chairman.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: Going back to 42, Mr. Clerk.
Vice Chairman Plummer: Mr. Clerk, on Item 42. The Community -wide -- Citywide Development
Advisory Board.
Commissioner Gort: My understanding, I have Angel Urquiola.
Mr. Walter J. Foeman (City Clerk): Yes.
III November 17, 1998
Commissioner Gort: Radames Peguero, which I named a long time ago.
Mr. Foeman: OK.
Commissioner Gort: About three weeks ago.
Mr. Foeman: You have Angel?
Commissioner Gort: Right.
Mr. Foeman: And you have a vacancy.
Commissioner Gort: Radames Peguero, which I did it about three weeks ago.
Mr. Foeman: Well, we'll verify that. I don't...
Vice Chairman Plummer: All right. Well, it's done. OK.
Vice Chairman Plummer: Item 47. Occupational License. Teele, one and the Mayor has two. Kelly...
Commissioner Teele: Occupational License.
Vice Chairman Plummer: ...you pass on those?
Commissioner Teele: This is just a study, right?
Vice Chairman Plummer: This is a study.
Commissioner Teele: How long is it going to...
Mr. Joel Maxwell (Assistant City Attorney): This, Commissioner, is required by law as a precondition to --
a condition precedent to change in the occupational license schedule.
Commissioner Teele: How long is this going to take?
Mr. Maxwell: I would say at least six months but that was something that-- when you asked us to do this,
you wanted it expedited.
Commissioner Teele: Can I appoint -- may I appoint Mr. Sharpton? He is a part of this City Audit
Committee. Does that represent a conflict?
Mr. Maxwell: I would have to take a look at that, Commissioner.
Commissioner Teele: Well, let's do this. I would like to appoint him. If it's ineligible, then you would so
instruct me.
Mr. Maxwell: That's correct.
Vice Chairman Plummer: That's fine. All right. That's on the occupational license.
Commissioner Teele: So move for Mr. Sharpton.
Vice Chairman Plummer: Sharpton. All right. Mr. Carollo passes, so we accept -- motion made to accept
the name that has been proffered.
112 November 17, 1998
Commissioner Regalado: Second.
Vice Chairman Plummer: Seconded by Mr. Regalado. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show unanimous ballot.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-1128
A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE
OCCUPATIONAL LICENSE EQUITY STUDY COMMISSION FOR A TERM
AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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: The next one is for City of Miami Affirmative Action Advisory Board. I have
two. Sanchez has one and Regalado has one. And I'll have to come back to that.
Commissioner Regalado: I have one.
Vice Chairman Plummer: All right. The names.
Commissioner Regalado: Alan Morley.
Vice Chairman Plummer: Alan Morris. Is that Junior or...
Commissioner Regalado: Morley.
Vice Chairman Plummer: Morris?
Commissioner Regalado: Morley.
Vice Chairman Plummer: Morley, all right. All right. My two, I'll have to find new names for. Mr.
Regalado -- Mr. Sanchez.
Commissioner Sanchez: Defer.
Vice Chairman Plummer: All right. Motion made to accept the name that has been proffered by Regalado.
Seconded by Sanchez. All in favor, say "aye." Opposition?
113 November 17, 1998
The Commission (Collectively): Aye.
Vice Chairman Plummer: Show unanimous.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-1129
A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE
CITY OF MIAMI AFFIRMATIVE ACTION ADVISORY BOARD FOR A
TERM AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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: Health Facilities Authority. Sanchez, Teele and Regalado.
Commissioner Sanchez: Defer.
Vice Chairman Plummer: You...
Commissioner Teele: Defer. Why does this thing-- why do they have to live in the city? I mean...
Mr. Walter J. Foeman (City Clerk): That's pursuant to the State Statute that requires them to be City
residents. Because it's a State Statute, we can't waive that provision.
Commissioner Gort: We can waive with a four/fifths vote.
Mr. Foeman: We can't have a four/fifths vote on this because of the State Statute.
Vice Chairman Plummer: OK. So that ends that. Mr. Teele, you wish to name or pass?
Commissioner Teele: I'll pass. I named someone and they weren't on the board.
Vice Chairman Plummer: All right. So, then, 49 is over to the December meeting.
Vice Chairman Plummer: We're now on Item 50, the Affordable Housing Advisory Board. Sanchez and
two at large.
Commissioner Sanchez: I have a question to the City Attorney.
Vice Chairman Plummer: City Attorney.
114 November 17, 1998
Commissioner Sanchez: Could I name a member of my staff to this?
Mr. Joel Maxwell (Assistant City Attorney): No, sir.
Vice Chairman Plummer: Next question.
Commissioner Sanchez: No?
Mr. Maxwell: No.
Commissioner Teele: Why not?
Vice Chairman Plummer: You pass?
Commissioner Sanchez: Defer.
Vice Chairman Plummer: All right. Commission at large. Does anybody have any names? Then, we'll
pass on that. Item 50 is put over until 'December the 8th.
Vice Chairman Plummer: Item 51, Downtown Development Authority. Recommended by the board as
Jimmy Morales, the County --
Commissioner Teele: Second the motion of Commissioner Gort.
Vice Chairman Plummer: All right. All in favor, say "aye." All right, 51 is taken care of.
Mr. Walter J. Foeman (City Clerk): Commissioner, excuse me.
Vice Chairman Plummer: Yes.
Mr. Foeman: We have to include a waiver on that particular appointment to the DDA Board because of
excessive absenteeism.
Commissioner Teele: You talking about...
Vice Chairman Plummer: Of Morales?
Mr. Foeman: If we can include a waiver as part of the motion.
Vice Chairman Plummer: Wait a minute.
Commissioner Teele: I'm not going to do that.
Commissioner Gort: Let's do a four/fifths vote on it.
Vice Chairman Plummer: Wait a minute.
Commissioner Teele: Is that what you want to do?
Vice Chairman Plummer: Are you saying that Morales was the member and he's got absenteeism?
Mr. Foeman: Yes, yes. And the Mayor of Dade County resubmitted his name for confirmation by the
Commission.
Vice Chairman Plummer: Well, I don't think we should argue because that is a mandatory seat that they
115 November 17, 1998
have on that board.
Commissioner Teele: Whatever the Chairman of the DDA wants to do is what we should do.
Vice Chairman Plummer: I agree with that. Mr. Gort.
Commissioner Gort: He's done an excellent job. Sometimes the meetings conflict with his schedule.
Vice Chairman Plummer: Call the roll.
Commissioner Teele: Second the motion.
Vice Chairman Plummer: It takes a four/fifths.
Mr. Foeman: OK. A movant and a seconder, please.
Commissioner Teele: Gort, Teele.
Vice Chairman Plummer: Gort and Teele. Show as a 5-0 vote.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-1130
A RESOLUTION CONFIRMING THE APPOINTMENT OF AN
INDIVIDUAL AS A MEMBER OF THE BOARD OF DIRECTORS OF THE
DOWNTOWN DEVELOPMENT AUTHORITY 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.
Vice Chairman Plummer: Urban Development Review Board.
Commissioner Teele: Why are all 10 vacancies -- why is this board at a point where there need --
Vice Chairman Plummer: Hello.
Mr. Joel Maxwell (Assistant City Attorney): It has been quite a while since you've made any appointments
to this board. It's come up many times but no one has been appointed. The Commission hasn't acted on it
so, as a result of the attrition factor here, you've ended up with quite a few vacancies.
116 November 17, 1998
Commissioner Teele: And we're not restricted by...
Mr. Walter J. Foeman (City Clerk): No, we're not restricted by the applications on file. You can choose
someone else...
Commissioner Teele: I'll tell you what I would really like to do. I would really like to ask that you all notice
this in all of the newspapers, especially the Hispanic and minority papers, black papers, and for those that
are not filled today, so that we can really and all make a commitment that we're going to fill them all by
December, so that we can start out fresh in the year, if we don't get 10.
Vice Chairman Plummer: All right. So, then all...
Commissioner Regalado: I have a name.
Vice Chairman Plummer: All right. Mr. Regalado.
Commissioner Regalado: WillieBermello.
Vice Chairman Plummer: Who?
Commissioner Regalado: Willie Bermello.
Vice Chairman Plummer: All right.
Commissioner Gort: I have a name.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: Clyde Judson.
Vice Chairman Plummer: Anybody else? Motion made to accept these names that have been...
Commissioner Teele: I would move Emanuel Ucci.
Vice Chairman Plummer: Ucci or Gucci?
Commissioner Teele: Ucci.
Vice Chairman Plummer: Ucci Gucci. All right.
Commissioner Teele: J.L., don't play with that man's name.
Vice Chairman Plummer: All right.
Commissioner Gort: Was he wearing Gucci...
Commissioner Teele: He happens to be a nice fellow.
Vice Chairman Plummer: Well, I figured, you know, he knows Gucci shoes so well that that was what he
was doing. Motion made to approve those names that have been proffered. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed? Show unanimous.
117 November 17, 1998
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-1131
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS REGULAR
MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD FOR
TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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: Planning Advisory Board.
Commissioner Gort: I'd like to have it re -advertised.
Vice Chairman Plummer: Re -advertised by Gort.
Commissioner Teele: Second the motion, including in the"Miami Times" and the...
Vice Chairman Plummer: You have yours?
Commissioner Teele: ... other newspaper.
Vice Chairman Plummer: Has it been so advertised?
Commissioner Sanchez: Yes, sir, so advertised.
Vice Chairman Plummer: Mr. Sanchez, the name.
Commissioner Sanchez: Frank E. Longuel.
Mr. Walter J. Foeman (City Clerk): Just for the record, we received Mr. Longuel's application. We have
that. And, in the past, when we've received them, we've -- the Commission has the discretion to accept that.
Vice Chairman Plummer: Well, he just nominated him.
Commissioner Sanchez: Excuse me?
Vice Chairman Plummer: You just nominated him.
Commissioner Sanchez: Yeah, I just nominated him.
118 November 17, 1998
Vice Chairman Plummer: All right.
Mr. Foeman: Yeah.
Vice Chairman Plummer: Anybody else?
Commissioner Teele: And I would nominate J.G. Ferguson to replace the term that has expired, that was
nominated by Mayor Carollo.
Vice Chairman Plummer: All right. Anyone else?
Commissioner Sanchez: Yes. I would like to come back to forty...
Vice Chairman Plummer: No, wait a minute. Let's finish this one. Anything else on 53?
Commissioner Teele: One that replace...
Vice Chairman Plummer: Anything on 53?
Commissioner Teele: That person -- other -- one resigned. Darlene LoCicero, that's who I'm replacing.
Vice Chairman Plummer: All right. So, how many have we now named to the PAB?
Commissioner Teele: Two.
Vice Chairman Plummer: Two?
Mr. Foeman: Two.
Vice Chairman Plummer: All right. To my colleagues, Chip Black was here, who is Chairman of the PAB
(Planning Advisory Board). He wishes all of you to know that they are having an extremely bad scenario in
cases that people have been brought from out of town at great expense to be here to testify and they didn't
have a quorum. It's embarrassing to the board. It's embarrassing to the City, and I would beg each and
every one of you to make an extra effort so that, in December, we can give them a full board, which, I think,
that we should all do and try to accomplish.
Commissioner Teele: Mr. Chairman, I would ask the Manager, if they could get me a copy of the
Neighbors' story that apparently ran on this within the last two or three days.
Vice Chairman Plummer: All right, you can ask, of course.
Commissioner Teele: Apparently, there was a Neighbor story by one of the...
Vice Chairman Plummer: So, now we have two names that have been proffered. Mr. Sanchez.
Commissioner Sanchez: No, no, go ahead.
Vice Chairman Plummer: All right. Motion made to accept the two names that have been proffered. Is
there a second? Mr. Gort.
Commissioner Regalado: Second.
Vice Chairman Plummer: Seconded. All those in favor of the names that have been proffered, please say
"aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show it unanimous.
119 November 17, 1998
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-1132
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS REGULAR
MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: Mr. Chairman, if I could go back to number 40, Miami Audit Advisory Committee.
Vice Chairman Plummer: Mr. Teele on Item 40.
Commissioner Teele: I would like to appoint Kim Griffin, who's withDeloite.
Vice Chairman Plummer: All right.
Commissioner Sanchez: Also, I would like to make an appoint on that board. JerryKetcher.
Vice Chairman Plummer: All right. Motion made to accept the names that have been proffered. Seconded
by Mr. Gort. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed? Show it unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-1133
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS
OF THE MIAMI AUDIT ADVISORY COMMITTEE FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
120 November 17, 1998
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: The final one that we have of the day is Item 54. That's the Zoning Advisory
Board. I have one. I'll pass. Teele, you have one.
Commissioner Teele: I'll pass but-- on that. But I have two additional appointments.
Vice Chairman Plummer: Sir, according to this, you have one appointment left on Zoning.
Commissioner Teele: No, I'm passing.
Vice Chairman Plummer: Oh, OK.
Commissioner Teele: I would like to appoint the alternate member of the Code Enforcement Board-- to
become the member of the Code Enforcement Board for the vacancy. I think the alternate member, Mr.
King...
Vice Chairman Plummer: There's two vacancies.
Commissioner Teele: There's only one.
Vice Chairman Plummer: There's only one? OK. Was that your appointment?
Commissioner Teele: No, it was an at large appointment. The at large appointment, and I'm appointing --
I'm nominating Mr. King, who's the current alternate, one of two alternates on board, which also creates a
new alternate position on the board.
Vice Chairman Plummer: All right. Mr. Clerk, did you hear that?
Mr. Walter J. Foeman (City Clerk): No. I'm sorry. Commissioner.
Vice Chairman Plummer: You better listen. Mr. Teele, tell him again.
Commissioner Teele: Is there a vacancy or is there a not? Is there an at large vacancy?
Ms. Teresita Fernandez: Yes, there is one.
Commissioner Teele: OK. And what I'm recommending is the alternate on the board be moved up to the at
large vacancy. Mr. King be moved up to the at large vacancy.
Ms. Fernandez: OK. Mr. King is not an alternate. Mr. King, your appointment, is not an alternate. He's a
regular member.
121 November 17, 1998
Commissioner Teele: No, he's not. Mr. Kean, K-E-A-N, is a regular member. Mr. King, K I-N-G, is an
alternate member.
Ms. Fernandez: I have never seen Mr. Kean. When did you appoint him?
Commissioner Teele: He's been on the board now...
Ms. Fernandez: Not in the code enforcement, no, sir.
Commissioner Teele: Then, I would move that Mr. King be appointed to the Code Enforcement Board.
Ms. Fernandez: OK, OK.
Vice Chairman Plummer: Now, as soon as you see him, let us know.
Commissioner Teele: And if he doesn't show up, take him off.
Vice Chairman Plummer: All in favor of Mr. Kean and Mr. King...
Commissioner Teele: Mr. Kean has already been.
Vice Chairman Plummer: All right.
Commissioner Teele: He was the tall gentleman with the beautiful green tie this morning and green shirt.
Was it green shirt or tie? Shirt.
Vice Chairman Plummer: What is he, a leprechaun?
Commissioner Teele: He's a little tall to be a leprechaun.
Vice Chairman Plummer: All right.
Commissioner Sanchez: So moved.
Commissioner Teele: On the motion.
Vice Chairman Plummer: All in favor of the name that has-- of the leprechaun that has been presented, all
in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show unanimous vote.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-1134
A MOTION CONFIRMING THE APPOINTMENT OF ADOLPH KING, JR.
AS AN ALTERNATE, AT -LARGE MEMBER OF THE CODE
ENFORCEMENT BOARD.
122 November 17, 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.
ammy
Commissioner Teele: Mr. Chairman, I also have had a vacancy on the Miami Sports and Exhibition
Authority.
Vice Chairman Plummer: That is correct, sir.
Commissioner Teele: And in the spirit of -- I think, you know, this community is really blessed to have
such diversity and this community was honored to celebrate the 15-year celebration of a minority firm that
represents major American companies, like American Airline, et cetera, and I think it's a real statement of
what this country is about and what diversity can do, and I'm honored to nominate, as my appointee, Mr.
Julio Gonzalez Rebull, Sr.
Vice Chairman Plummer: There is a...
Commissioner Regalado: Second.
Vice Chairman Plummer: There is a motion and a second and...
Commissioner Sanchez: Second.
Vice Chairman Plummer: All in favor of the nomination of the outstanding citizen of the year-- I don't
believe it. In favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed?
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-1135
A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE
MIAMI SPORTS AND EXHIBITION AUTHORITY ("MSEA") FOR A TERM
AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
123 November 17, 1998
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Commissioner Regalado: Mr. Chairman.
Vice Chairman Plummer: I get -- now, hold on. Somewhere along, we're falling down, all right. There's
nothing on this agenda for -- I have an appointment on the Zoning -- on the Sports Authority.
Mr. Walter J. Foeman (City Clerk): The Sports Authority wasn't scheduled. Commissioner Teele did that as
a pocket item..
Vice Chairman Plummer: Yeah, but-- excuse me.
Commissioner Teele: If there's a vacancy.
Mr. Foeman: Yeah, there's a vacancy but I didn't schedule it.
Vice Chairman Plummer: What's the guy's name that — Skippy Shepard. He resigned like six weeks ago. I
sent you the letter.
Commissioner Teele: Well, I'll be happy to withdraw my appointment.
Vice Chairman Plummer: No, no, no, no. Just sit down and be quiet. I have a vacancy there.
Commissioner Teele: No, no, J.L. No.
Vice Chairman Plummer: Yes, I do.
Commissioner Teele: I'll withdraw my appointment.
Vice Chairman Plummer: No, you don't. I have an -- you know I wait until afterwards, OK. I have an
appointment there. Would you, please, schedule it for the next Commission meeting. Mr. Teele, you have
an appointment to the Bayfront Park.
Commissioner Teele: No, I don't.
Vice Chairman Plummer: Then I do.
Commissioner Teele: You've already made an appointment. You made one last week.
Vice Chairman Plummer: You're correct. I'm sorry. I stand corrected, yes. Because your gentleman
showed up. Mr. Vanderpost showed up at the meeting yesterday. Was an excellent gentleman and gave
very good advice. All right.
124 November 17, 1998
Commissioner Regalado: Mr. Chairman, I need to...
Commissioner Regalado: If I can, make a motion to waive the residents and requirement for Bill Bayer's
appointment to the MSEA (Miami Sports and Exhibition Authority) board.
Vice Chairman Plummer: Motion made and seconded by Mr. Sanchez....
Commissioner Sanchez: I will.
Vice Chairman Plummer: ...for Bill Bayer. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-1136
A RESOLUTION WAIVING THE RESIDENCY REQUIREMENTS
CONTAINED IN SECTION 2-884 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, FOR BILL BAYER, WHO WAS APPOINTED AS
A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY
("MSEA"), PURSUANT TO RESOLUTION NO. 98-1067, ADOPTED
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.
Vice Chairman Plummer: May I remind my colleagues that tomorrow night the Brickell-- I think all of you
might be interested in this. Hello. Tomorrow night the Brickell Homeowner's Association are having their
meeting at the Stallone residence. Each and every one of you are invited because, as you know, that is a
matter that will be coming before this City Commission in the very near future. But it is, in fact, the meeting
of the Brickell Homeowners' Association. So, I just wanted all of you to be aware of that.
125 November 17, 1998
Commissioner Teele: I'm advised and I would hope my staff is notmis-advising me, that the School Board
has now entered into the high strata associated with the City of Miami and, after 30 votes-- ballots...
Vice Chairman Plummer: Who won?
Commissioner Sanchez: Thirty votes?
Commissioner Teele: Thirty ballots.
Vice Chairman Plummer: Who won? The Chairman.
Commissioner Teele: Mr. Stinson.
Vice Chairman Plummer: Simpson?
Commissioner Sanchez: Stinson.
Commissioner Teele: Stinson.
Vice Chairman Plummer: That's a carryover, yeah. I can't see -- Item 38, was that not mine? Yes, we've
taken care of that. Where's the young lady that puts the things up? Thirty-eight should be, that it was
discussed and taken care of. Item thirty -- I can't see that blasted thing. Thirty-two A, no. Forty --
Ms. Esther Guera: Thirty-nine A and B.
Commissioner Gort: Thirty-nine B.
Vice Chairman Plummer: Thirty-nine? I thought that was 32. Thirty-two A and B is what I thought was
passed over.
Mr. Donald H. Warshaw (City Manager): Thirty-two A is the Orange Bowl.
Vice Chairman Plummer: Thirty-two A is the Orange Bowl. That's tabled, OK. All right. What are the two
up here, after 39?
Commissioner Gort: Thirty-nine A and B.
Ms. Guerra: Thirty-nine A and B.
Vice Chairman Plummer: Did we handle 39A and B? We did.
Mr. Warshaw: Thirty-nine A was deferred until the 5th.
Vice Chairman Plummer: OK. So, they were deferred and it shouldn't be blank. I'm just trying to see what
we have missed.
126 November 17, 1998
Vice Chairman Plummer: Pocket items. Mr. Regalado.
Commissioner Regalado: Yes. Well, I have -- Mr. Chairman, I have several pocket items and I would
appreciate if you bear with me. I also -- I don't -- this is not a pocket item but since we are into appointments
now and since we are going to probably have some information regarding the team that is going to be
selected for lobbying in Tallahassee very soon, I would like to ask the Commission to appoint Commissioner
Sanchez to be the liaison with the legislature. Commissioner Sanchez has been lobbied.
Vice Chairman Plummer: Is there a second?
Commissioner Teele: Second the motion.
Commissioner Gort: Second.
Vice Chairman Plummer: Well, I have a question. Since he's the Commissioner of the month, when does
the -- no, that's all right. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: All opposed? I'm not sure.
Commissioner Teele: Mr. Chairman?
Vice Chairman Plummer: Mr. Teele.
Commissioner Regalado: I have a pocket item.
Commissioner Teele: I would also ask that the Manager look at a way to structure the expenses of Mr.
Sanchez in going back and forth to Tallahassee.
Vice Chairman Plummer: Absolutely.
Commissioner Teele: In a manner in which it is not charged to his office budget. Because this is truly
something he's doing citywide and it would not be fair to impose that burden on his office budget. But I
think it needs to be done in the open. We need to know what we're doing and do it that way.
Vice Chairman Plummer: And all of the free miles be given to the Manager.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 98-1137
A MOTION DESIGNATING COMMISSIONER JOE SANCHEZ AS THE
CITY OF MIAMI LIAISON TO LOBBY IN TALLAHASSEE.
127 November 17, 1998
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Commissioner Sanchez: Also, if I may add, with legislation season just starting right now, we need to,
quickly as possible, I recommend the City Manager/City Attorney to sit down and put together a legislative
package as quickly as possible.
Commissioner Teele: I would second the motion, that it be presented in the December meeting. Mr.
Manager.
Mr. Donald H. Warshaw (City Manager): I'm sorry.
Commissioner Teele: Mr. Chairman, I would second Commissioner Sanchez' motion, that the legislative
agenda be presented in the December meeting.
Vice Chairman Plummer: Absolutely.
Commissioner Sanchez: Well, my motion was to have the City Attorney and the City Manager get together
and put together a legislative package.
Vice Chairman Plummer: And let me tell you what we've done in the past...
Commissioner Sanchez: As quickly as possible.
Vice Chairman Plummer: ...that's been very successful. Mr. Sanchez, that each Commissioner, in preparing
their list, the first three items, A, B and C, be in the order of priority of what each Commissioner feels is the
most important item to him. And they can have 20 items on the list.
Commissioner Teele: Elimination of the Oversight Board.
Vice Chairman Plummer: But the first three-- well, that goes without saying. Jeb Bush said he's going to
take care of that.
Vice Chairman Plummer: All right. Mr. Regalado, you have another pocket item?
Commissioner Regalado: Yes, I do, Mr. Chairman. I have here two pocket items related to
Vice Chairman Plummer: Oh, no, no. One per person.
Commissioner Regalado: The facility. Well, there are two meetings in one, right? Actually, I have more
but -- for the first time, a partnership, consistent of a health organization in the Little Havana Senior Center,
will pay for Thanksgiving luncheon to benefit 2000 elderly clients of the senior centers located only in the
City of Miami. This organization was initially given an estimated rental fee of four thousand dollars
($4,000.); however, several costs were added, in terms of table, chairs, stage, cleaning and, after the
organization agreed to this estimate, this cost increase by eight thousand six hundred sixty dollars ($8,660).
Therefore, I request that the City Commission reduce the Coconut Grove Exhibition Center rental from four
128 November 17, 1998
thousand to one thousand for this event. These people will be paying around -- almost six thousand dollars
($6,000).
Vice Chairman Plummer: Is that — Mr. City Attorney, can we do that? Remembering what happened when
we did it before, the Oversight Board turned it down. So, I don't want to give false pretenses and false hope.
Mr. City Attorney.
Mr. Alejandro Vilarello (City Attorney): I have not reviewed the item.
Vice Chairman Plummer: Mr. Regalado, I think he should because, remember what happened before? And
it really...
Commissioner Regalado: Well, I did send this to the Manager, like a week ago, ten days ago.
Vice Chairman Plummer: All right. Let's get an answer before we vote on it. Your second item.
Commissioner Regalado: The problem with this is that this is not to give anybody a free ride. The problem
with this is that my office requested the cost of the rental and we were given the figure of four thousand. We
told them. They approved it. They made a check and they started the preparation. And, then, they sent us,
by fax, a revised rental of eight thousand six hundred and sixty dollars ($8,660).
Vice Chairman Plummer: Well, I got the same thing with the Home Show, that they suddenly, out to
nowhere, started charging for the parking and, you know, it's...
Commissioner Regalado: So, I don't -- you know, this is not because somebody -- we want to give
somebody a free ride. This is that -- frankly, they made a mistake or we didn't quite ask exactly what...
Vice Chairman Plummer: Again, let's do it with the City Attorney and he can come back to us.
Vice Chairman Plummer: What is your second...
Commissioner Regalado: OK. The second one is to modify a City ordinance regarding the 10 percent
surcharge.
Vice Chairman Plummer: Wait, wait, wait. What the hell is all of this?
Commissioner Regalado: That it's implemented towards each ticket sold at events held at the Manuel
Artime Theater.
Vice Chairman Plummer: And what is it you wish to do?
Commissioner Regalado: What we wish to do is amending the ordinance by eliminating the 10 percent
surcharge for each ticket sold for events held by non-profit organizations. The administration concurs with
this. They feel that we're going to get more business at the Artime.
Vice Chairman Plummer: Again, that's a legal matter that I'm not sure you can do.
Ms. Christina Abrams (Director/Public Facilities):
percent gross ticket sales required or ticket surcharge?
Commissioner Regalado: I did what you told me.
Ms. Abrams: OK, it's gross ticket sales.
Excuse me. For clarification, do you mean the 10
Commissioner Regalado: I did exactly what you told me. It's here.
129 November 17, 1998
Vice Chairman Plummer: Is it legal?
Ms. Abrams: What we're -- what the proposal is is for non-profit organizations to waive the 10 -- because
it's a rental fee, there's a ticket surcharge and then there's 10 percent of gross ticket sales. If they're selling
tickets for five dollars ($5) for non-profit group, then it would be reasonable to waive the 10 percent gross
ticket sales but not the ticket surcharge.
Vice Chairman Plummer: Christina, he is saying he proffered what you told him to proffer.
Commissioner Regalado: So, that's what it is.
Vice Chairman Plummer: Is that correct?
Ms. Abrams: We had a discussion about it and I understand what he's referring to.
Vice Chairman Plummer: Moved by Regalado. Seconded by Sanchez. Is there any further discussion? All
in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show it unanimous.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO.98-113 8
A MOTION DIRECTING THE CITY ATTORNEY TO DRAFT NECESSARY
LEGISLATION TO WAIVE THE TEN PERCENT (10%) GROSS TICKET
SALES FOR EVENTS HELD BY NON-PROFIT ORGANIZATIONS AT THE
MANUEL ARTIME CENTER.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: Mr. Teele, pocket.
Commissioner Teele: Thank you, Mr. Chairman. Mr. Chairman, this is not a pocket item and I would ask
the City Attorney to confirm that the item was submitted pursuant to our Charter in the fiveday rule related
to the memorandum. Again, the agenda coordination process, which I think this Commission needs to take
responsibility for, is left up to the management so the item has not been amended onto our agenda. The
item...
130 November 17, 1998
Mr. Alejandro Vilarello (City Attorney): Commissioner, if I -- it is a pocket item. It simply cannot be
deferred because of the five-day rule. Because it has been distributed to all the Commissioners five days in
advance of the meeting. Any item that is not on the listed agenda is a pocket item. Any Commissioner who
wish to defer this based on the five-day rule, does not have that right.
Commissioner Teele: I respect what you're saying, Mr. Attorney, but, with all due respect, this agenda
should not be printed until the five-day -- no item -- and I think, if you check with other governments, no
item that is within whatever the rule is, that is submitted, is treated outside of the agenda. And the agenda
needs to be driven for the convenience of the Commission, not the convenience of the staff. But
notwithstanding all of that, this item is properly before the Commission.
Vice Chairman Plummer: And no one has invoked the rule.
Commissioner Teele: Well, OK. The item involves a concern that I think this Commission needs to
consider Charter Reform/Special Election, at a time to be decided by the City Commission, at a special
Commission meeting, to be held at later date. I am specifically concerned that what we wind up time after
time is getting into these last minute glitches, we're rushing -- and this has no reflection on you, Mr.
Attorney -- and we wind up with all sorts of glitches in our Charter. I call your attention to the Charter that
was just passed and the day after the election, we had a glitch. And that was, when is the Commission
sworn in? When was the Commission that elected sworn in? I believe that there are a series of issues that I
want to serve notice on the Commission that I intend to advance and I'm requesting that the City Attorney --
I'm requesting that the City Attorney begin to prepare language to provide for, among other things, a Charter
amendment to reform the Charter by providing for a comptroller general, who shall be appointed by and
reporting directly to the City Commission, and whose powers shall include the investigation of waste, fraud,
and abuse in City operations, who shall also have subpoena power, and who shall be responsible for
presenting an alternative budget to the City Commission, and the which alternative budget shall provide for
the lowest possible millage rate for the City to carry out its City function. I believe that, Mr. Chairman, it's
very important, as we move toward the form of government that the citizens have voted on, which is an
executive form of government, that there be some dual accountability of check and balance. The
Comptroller General model is one that the State of Florida has. I think it is included correct me if I'm wrong
- even in the reformed State Constitution, they continue the Comptroller General function. You know, we
just wiped out three of the seven state officers. The Comptroller General model is also the model known
affectionately the GAL, whose job it is to audit and to review and give second opinions to the Congress or to
the legislative branch on matters relating to the executive. The second Charter reform matter that I think that
is very, very important. And, again, I've heard a lot of discussion about this. I don't think we should be
afraid of the voters, and I respect the fact that none of us, in putting a matter on the ballot -- and I have
frequently put matters on the ballot that I didn't personally support, but I think the public has a right to vote
on it -- that the Charter should be amended, commencing in November of 2001, to provide for a seven
member, single member district Commission, with boundaries delineated by the Commission, and the
election of the additional two Commissioners, commencing on November of 2001. And, secondly, that a
four-year prohibition would be contained on the Commission's staffs aggregate, office employee budget,
being increased above the FY-95 base level, except for cost of livings, and further utilizing a statutory
formula to adjust the salaries of Commissioners; thereby, increasing the Commission salaries from five
thousand dollars ($5,000) to somewhere between eighteen and twenty-four thousand dollars. We can use
the standards that the State uses. I, personally, would prefer to use a state legislator model as a bench mark,
but that's something that we can discuss. And what we're just doing is putting it on the table for everybody
to think about it. J.L, we don't have the opportunity to discuss these things and I don't think we ought to use
-- I don't think other people ought to be, you know, moving this stuff around.
Vice Chairman Plummer: Mr. Teele, I would strongly suggest, sir -- and if it's within my power -- to
appoint you...
Commissioner Teele: No, no.
Vice Chairman Plummer: Well, we -- somebody's got to put this down in writing for all the Commissioners
Commissioner Teele: I think the attorney -- and what I'm trying to put on the record is so that each
Commissioner can weigh in with the attorney.
131 November 17, 1998
Vice Chairman Plummer: OK. Then the City Attorney.
Commissioner Teele: In that way we're not using lobbyists and staff and all of that kind of stuff. We need
to be very clear about this thing, and it needs to be done all here in the public sunshine.
Vice Chairman Plummer: Mr. City Attorney, have you heard the wording of this...
Commissioner Teele: And the final one, just so that we're clear, again, this is something I do not personally
support, but both Mayor Suarez and Mayor Carollo have agreed on one thing to my knowledge.
Vice Chairman Plummer: I don't know what that is.
Commissioner Teele: That the DD — that the Off-street Parking should be made a department of the City. I
don't support it but I'm not afraid to vote on it. And what I am proposing is that the City Attorney - we can't
put alternative language on the ballot. That's what the Attorney General has ruled. And so the ballot
language would include, shall the Charter of the City of Miami be amended to abolish the Off Street
Parking, which currently operates as an independent agency, and create a department of Off -Street Parking,
administered under the direction and supervision of the City Manager, in accordance with Section 20 of the
Charter of the City. Or, alternatively -- and we can't -- we have to decide on one of the two. The other
model would be, shall the Charter of the City of Miami be amended to increase the membership of
Off -Street Parking Board from five members to seven, and the two members be comprised of one, the
Mayor, who shall be the board chair, and two, a City -- at the City Commission's discretion, either a City
Commissioner or a distinguished electorate of the City, who shall serve as the chairperson of a new
nominating committee for the election of board members. As you know-- and, you know, it's amazing that
the press has never reported one word of this. That the Off -Street Parking Board has been deadlock for the
last six months, and I've asked the City Attorney to file a written report on this. I'll renew that request to
each Commissioner. The Off -Street Parking is what is called a self-perpetuating board. It's a closed board.
In other words, it operates totally independent and they appoint their own members. For the last six-- they
appoint their own members, subject to City conformation. But they and only they nominate their members.
Vice Chairman Plummer: And we can reject until...
Commissioner Teele: We can reject.
Vice Chairman Plummer: ...hell freezes over.
Commissioner Teele: We can reject. And the point is this, J.L, by creating two additional members, I think
we can get exactly what Mayor Suarez and Mayor Carollo both agree on and that is, more accountability for
Off -Street Parking. I would say this, in most -- in many cities, like Houston, Off -Street Parking is a
dependent department under the Manager of the city. And in Houston it is the big cash cow for the City of
Houston's government. These are just two ideas. There may be others, in terms of Off -Street Parking. But I
think it's important that we look at a comprehensive Charter reform as it relates to many of the things that we
have been complaining about.
Vice Chairman Plummer: It's way overdue.
Commissioner Teele: And, you know, we -- only we can decide what we're going to put on the ballot, but I
don't think we should be afraid of the voters.
Vice Chairman Plummer: All right, sir.
Commissioner Teele: So, I would request that each Commissioner give your input to the City Attorney and
at the right time.
132 November 17, 1998
Commissioner Teele: I do not have any pocket items; however, I have several motions requesting certain
actions in the future.
Vice Chairman Plummer: You wish to bring them up now?
Commissioner Teele: Yes, sir. First of all, there is a memo, which I've circulated to the City Attorney, and I
want to read it into the record. And this is a memo from Dale Heckler, an attorney, that basically says - you
know, here, once again, that -- and I just will read an excerpt of this. "Yesterday afternoon, in open court,
the City — as you may be aware, the City is a holder of mortgages as trustee. "Yesterday afternoon the bank
declared, in open court" -- I'm talking now about First Union Bank -- "before Judge Phillip Bloom, that it
intends to wipe out the interest of the City, rather than allow Miami Limited, the existing owner, to sell the
building to an interested party." In that you all -- in that the Commission has always acted in the interest to
protect the City and advocate it, I think you should look into the matter. Again, I'm just amazed in that one
of the audit findings was that the City has repeatedly failed to be represented in public court actions and,
again, I'm not making an allegation, Mr. Attorney, OK, but all that I'm saying is, is that if we were a private
-- if we were private land owners, property owners, we would be there and, then, there may be an
explanation and — I mean, I don't mean to hit you cold. This was just faxed to me about a half an hour ago.
But I think it's very important, again, that the City protect its interest and we not let our second mortgage of
about one point three million dollars ($1,300,000) or one point six million dollars ($1,600,000) just be...
Vice Chairman Plummer: Is that the one from my friend at the restaurant?
Commissioner Teele: No, sir. This is a housing project.
Vice Chairman Plummer: He said that the City didn't show up to make any kind of objection, and he was
willing to pay the City seven thousand dollars ($7,000), and they said it was all out because nobody was
there to represent the City. Mr. Manager, also, I brought to your attention-- if I may, Mr. Teele?
Commissioner Teele: Yes, sir.
Vice Chairman Plummer: That every other municipality, when the -- what is the board, the Assessment
Board? When people go there to scream and holler about their assessment. We're the only City that doesn't
have a City representative at that board to protect the interest of the City. So, Mr. Manager, I think, when
these hearings are going forth, that you should have someone there to protect the interest of the City. Mr.
Teele, I'm sorry.
Commissioner Teele: No. Thank you very much, Commissioner. Mr. Commissioner...
Vice Chairman Plummer: All right.
Commissioner Teele: Mr. Chairman, again, I would ask the City Attorney to be directed to - I would direct,
again, that the City Attorney prepare a resolution...
Vice Chairman Plummer: Moved by Commissioner Teele. Seconded by Commissioner Sanchez.
133 November 17, 1998
Commissioner Teele: ...for a consideration at the December meeting, to schedule a public hearing for all
reallocated and reprogrammed HUD (Department of Housing and Urban Development) funds that have
been acted upon by the City of Miami Commission previously. As you know -- and that we adopt an
ordinance that mandates that the action by the City management take place in the next meeting. If you look
at the County Commission notices in the paper, you'll see almost every two weeks adjustments in the HUD,
and I'm referring now to the actions that we have taken regarding any number of activities that were done in
April, May and June, including Basic Training, that have not been scheduled for the public hearing and the
public hearing process. And we can't hold the public hearing until the management places the public hearing
on the agenda.
Vice Chairman Plummer: It's adjourned. It's for the 8th of December, Mr. Manager.
Commissioner Teele: Secondly, in that regard...
Mr. Donald H. Warshaw (City Manager): We need to address this.
Commissioner Teele: Would you like to -- Mr. Manager, all this is a request that you do it by December.
Vice Chairman Plummer: That's all. You don't need to discuss it today.
Commissioner Teele: For the meeting in December. Of any actions that have been taken by the
Commission, that need a public hearing, to be consummated. We frequently take numerous actions, such as
the Basic Training grant. That grant was done. It's -- you know it is not a fmality until we have a public
hearing and the funds be reallocated from the public.
Ms. Gwendolyn Warren (Director/Community Development): It's on the 9th.
Commissioner Teele: Well, that's fine, but it should have been on the September agenda. Now, the other
matter, Mr. Attorney, relates to the requirements for HUD funding and that is -- and I just want to take a
minute. That the City administration is directed to prepare a report to the City Commission in December,
which describes the local, the state, and federal requirements for recipients of HUD funds pursuant to
multi -family and commercial rehabilitation projects. This report shall include the requirement for
multi-family/commercial rehabilitation funded projects related to code inspections, open space, recreationd
space for storage, refuge storage, in compliance with the City law. Specifically, I am asking the City
Manager to certify that all of the ongoing projects are in compliance with the competitive biding process,
with Davis Bacon; that no illegal immigrants are working on these projects; that Title 3 and every other
federal requirement be complied with, and I'm going to, specifically, draw your attention to the fact that, in
Overtown right now, you have projects that are being built with City funds, that don't have parking, that
don't have open space, and they're being carried out through the Community Development office, and all
that I'm asking for is, I don't want a debate. I just want a certification by the Manager that they're in full
compliance, including with the City Code relating to no projects should be refunded by the City that doesn't
meet parking requirements. We can all agree on that. Whatever the City Code is. But no project should be
funded that doesn't have the space for refuge storage. We can all agree on that.
Vice Chairman Plummer: Can the Manager be ready by the 8th of December? Now, that's the...
Commissioner Teele: Well, let's just start with one project. The project on 3rd Avenue, that's being done by
Mr. Lorenzo and others. They're on 3rd Avenue and between 19th and 20th Street. Let's just get those
projects underway.
Vice Chairman Plummer: All right, that's fair. We can delineate down to....
Mr. Warshaw: We can do that.
Vice Chairman Plummer: We can spotlight on that. All right.
Commissioner Teele: And, finally, I would ask the City administration to prepare a report to the City
Commission which describes the criteria, the process related to historic preservation, pursuant to HUD Rules
134 November 17, 1998
and Regulations and to distinguish those rules from U.S. Department of Interior Rules and Regulations, and
that this report should also be submitted by December of 1998.
Vice Chairman Plummer: All right, sir. Mr. Teele, I would like to piggy back on that for a minute. Historic
things -- and I understand that what they're trying to do in the Overtown area. But, Mr. Teele, I wonder, if
not, we should stop and think about the first thing that, every time we go into Overtown -- I go into
Overtown --jobs. Give me a job. I need a job. Now, should we be worried more about-- and we'll discuss
this later. Should we be more concerned right now about historic things or getting people a job?
Commissioner Teele: Commissioner, I don't think the two are at odds or at variance, but let me say this.
You are one hundred percent right. The number one priority in Overtown...
Vice Chairman Plummer: Is jobs.
Commissioner Teele: .As jobs. But you will find that 60, 70, 80 percent of the City activities have been in
housing. One of the things that we approved in the plan yesterday, if you'll go through that plan, housing is
given a much lower priority for job creation, which gets you to the other issue. This Commission directed
the management, long before your five hundred thousand dollars ($500,000.) for lot clearing...
Vice Chairman Plummer: Not mine.
Commissioner Teele: Well, the money...
Vice Chairman Plummer: I wish.
Commissioner Teele: Long before that, J.L., this Commission directed the management to come up with
three million dollars ($3,000,000) to move on the business corridor. J.L., this is important. The only issue
on the business corridor is what you just talked about. Is the creation of jobs.
Vice Chairman Plummer: Absolutely.
Commissioner Teele: And I am, specifically, requesting that the Manager make three million dollars
($3,000,000) available, pursuant to the resolution of March or June of this past year, and if we don't have the
money, let's start taking it from the lot clearing and all these other things that have jumped ahead of what this
Commission priority has been. But all that I'm saying to you, J.L., is, we need to get serious about the
business creation in Overtown and throughout this area. I know that in Commission Gort's district there are
a number of people who are talking about the market. What's that thing called, Willie?
Vice Chairman Plummer: Produce market.
Commissioner Teele: The produce market, which could create jobs. And I think we need to really look at
the prioritizing of community development funds over the next two to three years.
Vice Chairman Plummer: If doing nothing but cleaning it up, you'd be ahead of the game.
Commissioner Teele: For jobs. For jobs, as opposed to the things that we have traditionally used. Thank
you, Mr. Chairman.
Vice Chairman Plummer: All right. Thank you, Mr. Teele.
- PP Ni'"I0T
ONpE
Vice Chairman Plummer: Mr. Gort, I'm going to allow you because you only have one and that guy next to
you has got six.
Commissioner Sanchez: Four.
Vice Chairman Plummer: Mr. Gort.
135 November 17, 1998
Commissioner Gort: This is a resolution that we passed with conditions relating to the temporary special
event, authorizing for a period of time, not to exceed four consecutive weeks, the operation of a flea market
by CCAL Corporation, as a temporary Special event, at the 1480 Northwest North River Drive, the Mahi
Shriner's property.
Vice Chairman Plummer: Mr. Gort, would you accept the friendly amendment?
Commissioner Gort: Go right ahead.
Vice Chairman Plummer: No sale of fish, either the sale or preparation of fish on the flea market.
Commissioner Gort: So...
Vice Chairman Plummer: All right. Motion made by Gort. Seconded by Teele.
Commissioner Teele: No, hold it. I don't want to upset the fish dealers. We just elected a state
representative that is in the fish business. I want to get money from the...
Vice Chairman Plummer: You're fishy, all right. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposed? Show everything but the...
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-1139
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); SAID AUTHORIZATION
CONTINGENT UPON THE ORGANIZER PROHIBITING THE SALE OR
PREPARATION OF ANY FISH PRODUCT AT EACH EVENT.
(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.
Commissioner Teele: J.L., why would you not want fish?
Vice Chairman Plummer: Sir, if you sat here, as I did, when they had the fish at the West Flagler Dog Track
and the people came before this Commission and said, "Commissioner, Sunday morning you come when the
wind is out of the east and you sit in my front porch, I don't think you can sit there long because the odor is
absolutely deafening.
136 November 17, 1998
Commissioner Teele: All right. I vote for it too.
Vice Chairman Plummer: All right.
Commissioner Gort: J.L., also, I'd like to instruct the Manager...
Vice Chairman Plummer: You said you had one.
Commissioner Gort: Just one. But I want to instruct the Manager.
Vice Chairman Plummer: Mr. Manager.
Commissioner Gort: We request that this be part of the agenda every 30 days.
Vice Chairman Plummer: What's that?
Commissioner Gort: This -- so, it won't be a pocket item. This should be a regular part of the agenda.
Vice Chairman Plummer: What?
Commissioner Gort: This resolution that we just passed.
Vice Chairman Plummer: All right.
Commissioner Gort: The reason being, we're going to try it out for six months, see how it works, but I didn't
want to give it a year permit. I want to go on a month -to -month basis.
Vice Chairman Plummer: All right. Mr. Sanchez.
Commissioner Sanchez: Thank you.
Vice Chairman Plummer: If you be brief, I won't invoke the rule.
Commissioner Sanchez: Thank you, Mr. Vice Chair. First of all, I'd like to recognize Xavier Cortada, who
is widely -- worldwide known artist. If you could stand up and be recognized.
Vice Chairman Plummer: That's the first one.
Vice Chairman Plummer: That's the first one. And, then, if we have Father Pablo Alexander or Pedro
Alexander? Is he here? I guess not.
Vice Chairman Plummer: That's the second one.
Commissioner Sanchez: That's the second one. Well, I have four pocket items.
Vice Chairman Plummer: Whoa, whoa. You got two left.
Commissioner Sanchez: No, I got four pocket items. The first one reads as follows: "The City of Police
Department is continuing its efforts in educating the youth of our community in the dangers of gang violence
involvement toward this end. The Gang Reduction Activity and Sports Program, GRASP, was created. Due
to the importance of this program, I, respectfully, request to accept an additional grant from the MiamiDade
County in the amount of hundred and seventy-eight thousand -- hundred and thirty-six, and allocations
required, 25 percent matching the amount of fifty-nine thousand three hundred and seventy-nine for the
Police Department's Law Enforcement Trust Fund. So moved.
137 November 17, 1998
Commissioner Gort: Second.
Commissioner Teele: Second the motion.
Vice Chairman Plummer: All right.
Commissioner Teele: Is that a motion?
Vice Chairman Plummer: All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show it unanimous.
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO.98-1140
A MOTION ACCEPTING A GRANT FROM MIAMI-DADE COUNTY IN
THE AMOUNT OF $178,136 AND ALLOCATING A REQUIRED 25%
MATCH IN THE AMOUNT OF $59,379 FROM THE POLICE
DEPARTMENT'S LAW ENFORCEMENT TRUST FUND FOR THE "GANG
REDUCTION ACTIVITIES AND SPORTS PROGRAM" (GRASP).
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.
Commissioner Sanchez: Second pocket item. On Saturday, November the 21 st, 1998, the Nicaraguan
Relief Foundation will be hosting a public prayer for the victims of Central America of Hurricane Mitch.
They will be at the Orange Bowl from 11 a.m. to 2 p.m., at five p.m...
Vice Chairman Plummer: Motion by Sanchez. Seconded by Gort. Is there any further discussion?
Commissioner Gort: Excuse me.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: My understanding is -- and we've got to be careful on this one -- we're asking for a
waiver of the fee.
Vice Chairman Plummer: No, we're setting a cap.
Commissioner Sanchez: No. I'm respectfully requesting the parking fee for the west parking lot be waived.
The fee is three hundred and sixty-two dollars ($362). That's not going to kill us.
Vice Chairman Plummer: Mr. City Attorney, is what he's presenting legal? Hey guys, listen.
138 November 17, 1998
Commissioner Teele: I apologize.
Vice Chairman Plummer: No, not you. Commissioners can do whatever they want. We need-- what are
you laughing about? You're going to be the Manager of the week instead of the month. Mr. City Attorney.
Mr. Alejandro Vilarello (City Attorney): Which item was that?
Vice Chairman Plummer: Would you repeat it, Mr. Sanchez?
Mr. Vilarello: Nicaraguan Relief Fund?
Commissioner Sanchez: Can you give him a copy as to the Nicaraguan Relief Foundation. All we're asking
for is a waiver...
Vice Chairman Plummer: What he is proposing, can it be done?
Mr. Vilarello: He's asking for a waiver of the parking fee. The City Commission can waive the parking fee.
The City Manager can opine as to whether or not that's a significant impact on the budget of the
Department.
Vice Chairman Plummer: Is that significant, Mr. Manager?
Commissioner Sanchez: Three hundred and sixty-two dollars ($362). Give me a break.
Mr. Donald H. Warshaw (City Manager): (Inaudible).
Vice Chairman Plummer: You just went back to the Manager of the month. Motion by Commissioner
Sanchez.
Commissioner Regalado: Second.
Vice Chairman Plummer: Seconded by Teele. Mr. Regalado...
Commissioner Teele: What is the date of that?
Vice Chairman Plummer: ...you wish to discuss the issue?
Unidentified Speaker: This Saturday.
Commissioner Regalado: No, I wish to second it.
Vice Chairman Plummer: All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show unanimous.
139 November 17, 1998
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1141
A RESOLUTION WAIVING THE PARKING FEES, IN AN AMOUNT NOT
TO EXCEED $362.00, FOR USE OF THE ORANGE BOWL'S WEST
PARKING LOT ON NOVEMBER 21, 1998, FOR A PUBLIC PRAYER
SERVICE TO BE HELD FOR THE CENTRAL AMERICAN VICTIMS OF
HURRICANE MITCH, SAID WAIVER CONDITIONED UPON THE
ORGANIZERS: (1) PAYING FOR ALL OTHER NECESSARY COSTS OF
CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID
EVENT; (2) OBTAINING INSURANCE TO PROTECT THE CITY IN THE
AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE; AND (3) COMPLYING WITH ALL CONDITIONS AND
LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR
HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
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: What else have you got?
Commissioner Sanchez: Attach-- hold on. It's a...
Vice Chairman Plummer: Come on.
Commissioner Sanchez: It's a pocket item. The Department-- attached, please find a resolution establishing
a cap of five thousand dollars ($5,000) as to use fee for use of the Orange Bowl Stadium for the presentation
of the 1998 Miami original Battle of the Bands, which will be held on December 6, 1998.
The Department of Conference...
Vice Chairman Plummer: Is there a second? Seconded by Teele. Any further discussion? All in favor, say
"aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposition? Show it unanimous.
140 November 17, 1998
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1142
A RESOLUTION RELATED TO "THE 1998 MIAMI ORIGINAL BATTLE OF
THE BANDS", PRESENTED BY COMMAND PERFORMANCE, INC., TO
BE HELD AT THE ORANGE BOWL STADIUM ON DECEMBER 6, 1998;
AUTHORIZING A CAP FOR THE USER FEE, AT AN AMOUNT NOT TO
EXCEED $5,000, FOR SAID EVENT; SAID WAIVER CONDITIONED UPON
THE ORGANIZERS; (1) PAYING FOR ALL OTHER NECESSARY COSTS
OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID
EVENT; (2) OBTAINING INSURANCE TO PROTECT THE CITY IN THE
AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE; AND (3) COMPLYING WITH ALL CONDITIONS AND
LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY MANAGER OR
HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: Your last one.
Commissioner Sanchez: Last pocket item. Mr. Xavier Cortada, an acclaimed local artist, is donating a glass
museum -- Mosaic museum to be to the City of Miami. The monument is a replica cf the Geneva AIDS
(Acquired Immune Deficiency Syndrome) Mural. It's planned to be placed in a public place in downtown
Miami in order to continue the beautification of this City, and to increase the arts in public places. I,
respectfully, request that the issue to be discussed at the next Commission meeting on November the 17th.
The short notice is due to the park...
Vice Chairman Plummer: All in favor, say "aye."
Commissioner Sanchez: Wait, wait. This is very important. Hold on. The short notice is due to the park --
to the unveiling being scheduled December the 1st of this year. I appreciate your quick attention in this
matter.
Commissioner Teele: I would also ask that the Bayfront Trust staff be involved in...
Vice Chairman Plummer: Absolutely. We are...
Commissioner Teele: And the DDA (Downtown Development Authority).
Vice Chairman Plummer: I have told you that we will be announcing in January a thing in Bayfront Park
that will be known as Art X. Some of the things that are being done, we have already had...
141 November 17, 1998
Commissioner Teele: Listen, I am not going to get involved with Suarez, so don't...
Vice Chairman Plummer: Another X.
Commissioner Sanchez: I have a very important motion...
Vice Chairman Plummer: No.
Commissioner Sanchez: ... to add to this.
Vice Chairman Plummer: That was your last one.
Commissioner Sanchez: Well, its just to add to this. It can't go in front of the Cultural Committee because
it doesn't allow the time. I mean, we have to get this done quickly. It's being...
Vice Chairman Plummer: What?
Commissioner Sanchez: This project.
Vice Chairman Plummer: Well -- so, what do you want to do?
Commissioner Sanchez: Well...
Commissioner Regalado: We'll discuss it.
Commissioner Sanchez: I don't want it to go in front of the board, the Cultural Board because it's not going
to have time. Also, if I could have Xavier come up and just explain...
Vice Chairman Plummer: Where do you want to put the thing?
Commissioner Sanchez: I'm going to ask him. He's donated it to the City. It's free. We'll let him decide.
Mr. Xavier Cortada: Well, I think I'd like to decide in collaboration with the City. Thank you for having me
here. I'll make this really, really quick.
Vice Chairman Plummer: You bet your bippy.
Mr. Cortada: It's a mural that was donated by Pizazo, which is an international company that makes glass
mosaics. And all we're doing is replicating a mural, of which you have a picture there, using these glass
Mosaics so that these will be pixels, basically, of color, like pointillism, but using pixels instead of using
paint, so that its permanent, so it doesn't peel.
Vice Chairman Plummer: What are you asking this Commission to do?
Mr. Cortada: Oh, just -- we need a venue. Just a venue in which to place it and to --
Vice Chairman Plummer: Where?
Mr. Cortada: In downtown Miami.
Vice Chairman Plummer: Where?
Mr. Cortada: In a prominent place. We need to work with the DDA, apparently or...
Commissioner Teele: Mr. Chairman, let me tell you, I fully support historic and art but I got to tell you --
and I know the County is not necessarily the right model but, if I may, this is always a unique opportunity
for government but it's such an opportunity that we have to figure out how to manage it. The County does
not accept any donations of art until they go through a committee known as the Art and Public Places
142 November 17, 1998
Committee. Otherwise, you wind up receiving...
Commissioner Sanchez: Don't have time.
Commissioner Teele: Otherwise, you wind up receiving art that may not have-- and the worse thing for an
artist is to get a government that takes it and, then, doesn't determine that there is an appropriate place for it.
Vice Chairman Plummer: How long a time would it be for?
Mr. Cortada: The art -- the mural like to be dedicated during the AIDS walk in February the 21 st, which is
downtown Miami.
Vice Chairman Plummer: All right.
Mr. Cortada: So, we need to work fast on that.
Vice Chairman Plummer: I think there's any number of places that we can approach. One of the things that
we're redoing is the laser tower in the Bayfront Park, which will be the home of Art X. That's one idea.
Now, where else? We can explore many other avenues. You have any ideas, would be fine. Just take it
from there.
Mr. Cortada: I'd be happy to work with your staff in looking for a place that's mutually agreeable..
Vice Chairman Plummer: And talk with Mr. IraKatz at Bayfront park.
Mr. Cortada: Will do.
Vice Chairman Plummer: OK.
Mr. Cortada: Great.
Vice Chairman Plummer: Gentlemen, I have two items, which...
Mr. Alejandro Vilarello (City Attorney): Mr. Chairman.
Vice Chairman Plummer: Mr. City Attorney.
Mr. Vilarello: The item regarding the...
Commissioner Gort: My understanding is, we need a second and we need to vote on this.
Vice Chairman Plummer: Well, there's really nothing to vote on. Are you accepting the donation, is that
what you want to vote on?
Commissioner Gort: Right.
Vice Chairman Plummer: There's a motion made by Sanchez, seconded by Gort, to accept the donation. All
in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show unanimous.
143 November 17, 1998
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1143
A RESOLUTION ACCEPTING THE DONATION OF A GLASS MOSAIC
TILE MURAL, CREATED BY XAVIER CORTADA, AS A MEMORIAL FOR
THE MORE THAN 20,000 MIAMI-DADE COUNTY RESIDENTS WHO
HAVE DIED OF AIDS, SAID MURAL TO BE LOCATED AT A SITE
APPROVED BY THE CITY MANAGER, SPONSOR(S) OBTAINING ALL
PERMITS REQUIRED BY LAW, AND AT NO COST TO THE CITY FOR
ITS INSTALLATION AND MAINTENANCE; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR ACCEPTANCE OF SAID
MURAL.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: Mr. City Attorney.
Mr. Alejandro Vilarello (City Attorney): With regard to the item Commissioner Sanchez brought up about
the grant, that's an emergency ordinance and I need to read that into the record.
Vice Chairman Plummer: All right.
Mr. Vilarello: Two roll calls are necessary.
Vice Chairman Plummer: All right. All in favor, say "aye."
Mr. Vilarello: No, it's a roll call vote.
Vice Chairman Plummer: Moved by Sanchez. Seconded by Gort.
144 November 17, 1998
An Ordinance Entitled -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO.
11339, AS AMENDED, WHICH ESTABLISHED INITIAL
RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL
REVENUE FUND ENTITLED: "GANG REDUCTION ACTIVITIES
AND SPORTS PROGRAM," TO INCREASE THE
APPROPRIATIONS TO SAID FUND IN THE AMOUNT OF
$178,136, CONSISTING OF FUNDS RECEIVED AS A GRANT
FROM MIAMI-DADE COUNTY; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR
ACCEPTANCE OF SAID GRANT; AUTHORIZING THE
ALLOCATION OF A REQUIRED TWENTY-FIVE PERCENT (25%)
MATCH BY THE CITY OF MIAMI, IN THE AMOUNT OF $59,379,
FROM THE LAW ENFORCEMENT TRUST FUND, SUCH
EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF
POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE
TREASURY "GUIDE TO EQUITABLE SHARING"; FURTHER
CORRECTING SCRIVENER'S ERRORS IN ORDINANCE NOS.
11339, 11409, AND 11556 TO ACCURATELY REFLECT THE
AMOUNTS APPROPRIATED TO SAID FUND; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE.
was introduced by Commissioner Sanchez and seconded by Commissioner Gort, for adoption as an
emergency measure, and dispensing with the requirement of reading same on two separate days, was
agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Sanchez and seconded by Commissioner Gort,
adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11730.
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.
145 November 17, 1998
Vice Chairman Plummer: I have two items. The first one is, Mr. Manager, for years and years you have
always paid the water bill at Bayfront Park. You've either given me the money to pay it or you've paid it.
Now, suddenly, you're cutting my water off.
Ms. Julie Weatherholtz (Finance Director): I can speak to that.
Vice Chairman Plummer: No, no. All I want you to speak to is, where is my check?
Ms. Weatherholtz: Those bills — the forty-five thousand is being paid and the budget that's covering it is the
budget that was appropriated to pay those when they were allocated to a different account.
Vice Chairman Plummer: You're turning my money back on?
Ms. Weatherholtz: Yes.
Vice Chairman Plummer: Thank you.
Vice Chairman Plummer: The second item I had-- been approved by the Manager.
[AT THIS POINT, COMMISSIONER PLUMMER READ THE RESOLUTION INTO THE PUBLIC
RECORD]
Vice Chairman Plummer: I so move. Seconded by Gort. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: No opposition. Show it unanimous.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-1144
A RESOLUTION APPROVING THE PURCHASE OF TWO JOHN DEERE
WHEEL TRACTORS, MODEL 5310 @ 55.0 PTO HP, FROM JOHN DEERE
COMPANY, UTILIZING STATE OF FLORIDA CONTRACT NO. 765-900-
99-1, AT A TOTAL COST NOT TO EXCEED $32,537.88; ALLOCATING
FUNDS THEREFOR AS APPROPRIATED BY ORDINANCE NO. 11705, AS
AMENDED, CAPITAL IMPROVEMENT PROJECT NO. 341171;
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.)
146 November 17, 1998
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: This Commission stands in adjournment for 10...
Mr. Vilarello: Well, hold...
Vice Chairman Plummer: What?
Mr. Vilarello: If you want to bring up any items from this meeting, I would...
Vice Chairman Plummer: I have not adjourned this meeting. I am taking a 10 minute recess.
Mr. Vilarello: Recess, OK. I'm sorry.
Vice Chairman Plummer: You heard what I said. I don't stutter.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
4:56 P.M. AND RECONVENED AT 5:14 P.M., WITH MEMBERS OF
THE CITY COMMISSION FOUND TO BE PRESENT.
Vice Chairman Plummer: I'll be bringing back the Orange Bowl. I had a very good meeting with the
Orange Bowl Committee and its president and executive director. We had a nice prayer meeting. All right.
I have two members here. My first -- Mr. Teele, Mr. Sanchez, I had a very good prayer meeting with the
Orange Bowl Committee. They have agreed to the following: Number one, that, in fact, the vending, they
will pay the fee equivalent to that of what the City has enjoyed in the past. Number two, they will remove
the bleachers, at their expense, prior to January the 15th, which, in fact, will facilitate for the Super Bowl
activities we will be having in the park. And, number three, the concern about the entry from the west to the
east will be totally open in, at least, three positions for people to go into the park, and will be able to enjoy
the Big Orange. Mr. City Attorney, I would like to bring up Item 32A.
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: What about the five-year agreement, that they're going to play for five years?
Vice Chairman Plummer: We're still praying over the five-year agreement, and Mr. Dotson is about ready
to have a nervous break down.
Commissioner Teele: Commissioner.
Vice Chairman Plummer: He's only supported by...
147 November 17, 1998
Commissioner Teele: Whether somebody's doing that to you, what does that mean?
Vice Chairman Plummer: That means that we're number one. We did not see that on TV, all right. Mr.
Clerk, I am pleased now to have a good prayer meeting that 1 move Item 32A for approval.
Commissioner Teele: Second the motion.
[AT THIS POINT, COMMISSIONER GORT ENTERED THE COMMISSION CHAMBERS AT
APPROXIMATELY 5:16 P.M.]
Vice Chairman Plummer: Is there any further discussion? All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show none.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-1145
A RESOLUTION, WITH ATTACHMENT, APPROVING A USE
AGREEMENT FOR THE USE OF THE ORANGE BOWL STADIUM BY THE
ORANGE BOWL COMMITTEE FOR PRESENTATION OF THE FED -EX
ORANGE BOWL GAME ON JANUARY 2, 1999, ESTABLISHING SPECIAL
CHARGES, TERMS AND CONDITIONS AS HEREIN SPECIFIED;
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF
MIAMI AND THE ORANGE BOWL COMMITTEE FOR THIS PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: And we'll see you on January the 2nd.
Commissioner Sanchez: Mr. Vice Chair?
Vice Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: That is exactly why...
Vice Chairman Plummer: As amended. Excuse me.
Commissioner Sanchez: That is exactly why I made the motion to have you negotiate because I figured you
would get the best deal for the City.
Vice Chairman Plummer: Oh, knock it off.
148 November 17, 1998
Commissioner Teele: No, there's a lot of merit to that. there's a lot of merit in what he's saying. We don't
need to have five people trying to...
Commissioner Sanchez: Exactly. But let me just add. This is a perfect opportunity for us to work together
and try to bring every event that we can to the City of Miami. It's good for us. It's good for you. And, hey,
listen, I thank you very, very much. I hope the Dolphins make it to the playoffs every year. All right.
Commissioner Gort: Well, I hope now they can come back and realize they made a mistake.
Vice Chairman Plummer: Let's don't go over board. All right. Mr. Manager. Mr. Manager.
Mr. Warshaw: Yes, sir.
Vice Chairman Plummer: I...
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Could Raul get the -- could Chief Martinez get with Mr. Cook before he leaves?
Vice Chairman Plummer: Mr. Cook, before you leave, Mr. Raul Martinez would like to incarcerate you for
about 15 minutes.
Vice Chairman Plummer: Mr. Manager, I've had the opportunity to explore on the motorcycles
Commissioner Regalado: If I ... U., just briefly.
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Since Raul, Assistant City Manager Raul Martinez, since you're talking to Clark,
could you also ask him -- Clark about the situation that you have in your board, that you only have two
members because the other members terms have expired. Is anything that we should do? Padron and
Margarita Delgado's terms have expired and there was a deferral and that -- and it's concerned that, you
know...
Mr. Clark Cook (Executive Director, Department of Off -Street Parking): It's-- I think it's under control and
I think everything will be fine. We have a meeting next Wednesday to resolve the issue. Their terms have
not expired yet. They don't expire until December the 2nd.
Commissioner Regalado: OK. Thank you.
Vice Chairman Plummer: Mr. Manager, in reference to the motorcycles for the Miami Police Department. I
have had -- it was already taken care of. I have a comparison chart. First and foremost, I make no bones
about the fact that I want to do business with local people. It is being recommended that we do business
with a company in Orlando. Second of all, I don't think that we need to change motorcycles every year.
That was the reason, the recommendation of the award. Two years, by the local kick (phonetic) came out
instead of one year. All of the work is a difference of a eleven dollars ($11) a month per motorcycle.
Eleven dollars ($11) per month. One eight -nine -- no, I'm sorry. A hundred eleven dollars ($111). I'm
sorry. I stand corrected. All right. I don't think we need to change motorcycles every year. The ones we
149 November 17, 1998
have eight thousand miles and I don't think they put eighty thousand miles a year. The one that we're
looking at in Orlando, we have to do all of the maintenance and upkeep on the motorcycles. Peterson, our -
let me refer to it as the local company. They maintain the motorcycles. We do not have certified mechanics
for Harley's. Equipment, we have to pay extra to the people in Orlando. The ones from the local company
are fully equipped. Number of spares -- I mean, forget spares from Orlando. The supplier here will supply
us, free of charge, spare motorcycles. Mr. Manager, I want to move on this as quickly as possible. I don't
know how we go about it but I think that there is an overwhelming amount of evidence, why we should be
doing business with local companies and, as far as I'm concerned, I think that we need not only to do
business with local companies, but, as I read this, we are better off with a local company. Now, what do I
do?
Mr. Donald Warshaw (City Manager): Commissioner, I agree with you a hundred percent. But, in this
case, because they didn't bid, we'll have to reject the bids and start the process...
Vice Chairman Plummer: To my colleagues, I don't know how you feel but I feel very strongly. I will make
a motion that we rebid and we do it expeditiously.
Commissioner Sanchez: Second.
Vice Chairman Plummer: I so move. Second.
Mr. Warshaw: First you have to reject the bids.
Vice Chairman Plummer: Reject the bids. All right. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 98-1146
A RESOLUTION REJECTING ALL BIDS RECEIVED IN RESPONSE TO
INVITATION TO BID NO. 97-98-165R, WHICH WAS ISSUED BY THE
CITY OF MIAMI TO SOLICIT BIDS FOR THE LEASE OF POLICE
TRAFFIC LAW ENFORCEMENT MOTORCYCLES; DIRECTING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
SEEK NEW BIDS BASED ON SUCH SPECIFICATIONS AS SHE DEEMS
APPROPRIATE FOR THE FURNISHING OF SAID VEHICLES, AND TO
PRESENT HER RECOMMENDATIONS TO THE CITY COMMISSION FOR
ITS REVIEW AND CONSIDERATION.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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: Now, do we need another motion?
150 November 17, 1998
Mr. Joel E. Maxwell (Assistant City Attorney): Direct the staff, administration to read...
Vice Chairman Plummer: Direct the staff to prepare immediately an RFP (request for proposals)..
Commissioner Sanchez: So moved.
Vice Chairman Plummer: No. Well, what do you want me to do?
Ms. Judy Carter (Director, Purchasing): No, sir. All we're going to do is rebid it with the requirements that
it be for a two-year, as opposed to a one-year, but it will be an invitation for bid and not an RFP.
Vice Chairman Plummer: OK. But, please, also, if you would, that they are main-- whoever the bidder is,
maintains the bikes. Whoever the bidder is, that they provide all of the extra equipment. Whoever the
bidder is, provides spares locally.
Ms. Carter: Yes.
Vice Chairman Plummer: OK.
Ms. Carter: You let me have that little sheet of paper.
Vice Chairman Plummer: I'll have it typed up and given to you. All right.
Ms. Carter: Thank you.
Vice Chairman Plummer: Let me -- sometimes I get myself in trouble. Mr. Manager, in jest, I made some
comments about Audrey -- what's her last name? The NRO (Neighborhood Representative Officer) from
Coconut Grove -- west end. It was definitely in jest, my comments. She is probably one of the haadest
working devils we've got down there. I spoke to the fact about abandoned automobiles because that's her
specialty. She's done more abandoned automobiles than there is anybody else around, and she was very,
very upset when she found out that her family was watching on TV and that she might not be working. Mr.
Manager, would you, please have the new chief convey that, if I did offend, which I did not intend to do, it
was said in jest, that I do feel that she is one of the best people that we have working in that area. Mr. Chief.
Chief W. O'Brien: I appreciate your words and I'll make sure that she...
Vice Chairman Plummer: I thank you, sir.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO.98-1147
A MOTION DIRECTING THE CITY MANAGER TO ISSUE A NEW
REQUEST FOR PROPOSALS FOR LEASE OF TWENTY-THREE (23)
POLICE TRAFFIC LAW ENFORCEMENT MOTORCYCLES; FURTHER
STIPULATING THAT SAID CONTRACTUAL AGREEMENT SHALL BE
FOR A PERIOD OF TWO YEARS, BIDDERS SHALL MAINTAIN BIKES
AND PROVIDE EQUIPMENT AND SPARES LOCALLY.
151 November 17, 1998
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: I also received a call from a Leprechaun, who's not a Leprechaun.
Vice Chairman Plummer: Sometimes you can't win, OK. All right. Is there anything else to be
incorporated?
Mr. Maxwell: Yes, sir.
Vice Chairman Plummer: Mr. City Attorney.
Mr. Maxwell: The City Clerk did not pick up the fact that you, after you rejected the bid, you did direct
administration to re -bid that, is that not correct, sir?
Mr. Walter Foeman (City Clerk): Yeah, but it wasn't done in a motion, Joel. That's what I was saying. It
need a motion for that specific one.
Vice Chairman Plummer: What is your motion that you need?
Mr. Maxwell: He needs a motion directing the administration to actually go out for bids again on that.
Vice Chairman Plummer: All right.
Commissioner Gort: Move it.
Vice Chairman Plummer: Moved by Gort. Seconded by Teele. All in favor, say "aye." All opposed?
Show unanimous.
NOTE FOR THE RECORD: During consideration of this item resulting in Resolution Number 991148,
Assistant City Attorney Joe Maxwell was present on behalf of the City Attorney.
Vice Chairman Plummer: Is there anything else under the...
Commissioner Teele: Mr. Chairman, there was an item in which I believe that the City Attorney should not
have signed. Another attorney has signed and reviewed the item. What item is that, Mr. Maxwell?
Mr. Joel Maxwell (Assistant City Attorney): That was the item on the City Attorney's...
Vice Chairman Plummer: What item number?
Mr. Maxwell: Yes, establishing ICMA (International City Management Association) trust for
Commissioner...
Commissioner Teele: What's the number?
152 November 17, 1998
Mr. Maxwell: I gave the sign item to you, Commissioner.
Vice Chairman Plummer: Hello?
Mr. Donald Warshaw (City Manager): It's Number 28,1 believe.
Vice Chairman Plummer: Twenty-eight?
Commissioner Teele: I would so move Item 28.
Vice Chairman Plummer: Moved by Commissioner Teele. Seconded by Commissioner Sanchez. Is there
any further discussion on Item 28, relating to the City Attorney? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show it unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-1148
A RESOLUTION, WITH ATTACHMENT(S), ESTABLISHING A MONEY
PURCHASE RETIREMENT PLAN FOR THE CITY ATTORNEY, AS SET
FORTH IN THE ATTACHED ICMA PROTOTYPE MONEY PURCHASE
PLAN AND TRUST (THE "PLAN") AND THE DECLARATION OF TRUST,
AND PROVIDING FOR THE EXECUTION OF THE ADOPTION
AGREEMENT; FURTHER APPOINTING THE LABOR RELATIONS
OFFICER AS PLAN COORDINATOR AND AUTHORIZING SAID LABOR
RELATIONS OFFICER TO EXECUTE ALL NECESSARY AGREEMENTS
WITH THE ICMA RETIREMENT CORPORATION RELATIVE TO THE
ADMINISTRATION OF SAID PLAN.
(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: Is there any other matters before I adjourn the morning session? Hearing none,
the morning session is now adjourned.
Commissioner Regalado: Excuse me. Mr. City Attorney?
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Can we discuss, after the Planning and Zoning, an event in the Orange Bowl or it
has to be...
Vice Chairman Plummer: After we close Planning and Zoning, we can always reopen the morning.
153 November 17, 1998
[NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES CONSIDERATION OF THE
REGULAR PORTION OF THE AGENDA TO CONSIDER ITEMS FROM THE PLANNING AND
ZONING PORTION OF THE AGENDA.]
Vice Chairman Plummer: Now, I have been requested on the study of Coconut Grove. Mr. Manager, there
is a professor here from the University of Miami who has a 7 o'clock meeting at the university. I would ask,
with the -- my colleagues, to let her go first so that she can make her presentation and still cover the
university. If none of my colleagues have opposition, I think is it Item Number...
Ms. Elizabeth Plater-Zyberk: PZ-20.
Ms. Dena Bianchino (Assistant City Manager): PZ-20.
Vice Chairman Plummer: PZ-20. For the record, if you would, please, give us your name and a mailing
address and proceed. About how long do you think you'll need?
Ms. Plater-Zyberk: Two minutes.
Vice Chairman Plummer: Oh, fantastic.
Ms. Plater-Zyberk: My name is Elizabeth Plater-Zyberk with the firm of Dwaney, Plater-Zyberk, as well as
the University, but this is a study for Coconut Grove, which was produced for the City of Miami by my firm,
Dwaney and Plater-Zyberk, which is located at 1023 Southwest 25th Avenue in the City of Miami, 33135.
Vice Chairman Plummer: Excuse me. You have to be sworn in.
NO 1051 TO THOSS POINT, TPERSONS GIVING TCITY CLERK ESTIMONY ONY OSTERED N ZONING ISSUES-]
OATS ]UNDER ORDINANCE
Ms. Plater-Zyberk: Thank you.
Vice Chairman Plummer: Proceed.
Ms. Plater-Zyberk: I presented this briefly to you at the end of a hearing, I believe, a week or two ago and,
in summary, my presentation describes the Coconut Grove Planning Study as one having the goal primarily
of conservation, preservation, and enhancement for Coconut Grove. As you know, we had multiple
meetings of community groups, which helped us and the City staff to produce this planning study. It has a
series of chapters on the history of the Grove, preservation suggestions, landscape, housing, retail, and
traffic. Almost a full half of it covers traffic issues. There's strategic actions which are, in deed, the master
plan and a kind of executive summary for the study at its beginning, identify the actions to be taken
according to three categories, whether they are regulatory or management issues or design projects. The
regulatory issues, for instance, are revisions to ordinances. The management issues might be items such as
acquisition of right-of-way on Bird Avenue and 27th Avenue, which are, in fact, County rights -of -ways but
they need City assistance in acquiring the right -of --way so that those streets can be finished. And a number
of different design suggestions regarding, for instance, parking structures in downtown; a future trolley
connection from Metro -Rail to downtown along 27th Avenue, improving the wall along Dixie Highway and,
of course, a number of traffic calming proposals. So, that's a very quick summary of the planning study. I
believe we have widespread community support for it and we look forward to implementation over the
years.
Vice Chairman Plummer: Dena, where do we --
Commissioner Teele: Mr. Chairman?
154 November 17, 1998
Vice Chairman Plummer: I'm sorry. Mr. Teele.
Commissioner Teele: Is the planning study-- I have Item PZ-20.
Vice Chairman Plummer: Correct.
Commissioner Teele: Where is the study?
Ms. Plater-Zyberk: The study was presented to you at the last meeting and the Commission passed it,
Resolution 98-1084. What Commissioner Plummer had asked at the last meeting, because this came up at
the end of a very long meeting, that the study be presented again at this meeting.
Vice Chairman Plummer: I think what he's asking you, do we have a written document?
Ms. Plater-Zyberk: Yes, it was with your package at the last Commission meeting.
Commissioner Teele: OK. So, I'm a bad boy. Now, do you have a copy of the study, please?
Ms. Plater-Zyberk: Yes.
Commissioner Teele: Could I get a copy of the study, please?
Ms. Plater-Zyberk: Yes, we can get one for you.
Commissioner Teele: I mean, I really don't think it's fair to discuss something that we don't have before us.
And I appreciate the fact that the City -- I have a number of questions. This was funded, wasn't it, by MPO
(Metropolitan Planning Organization)? Who funded this study?
Vice Chairman Plummer: Who funded the study? Hello.
Mr. Gary Leuschner: Gary Leuschner from the Department of Real Estate and Economic Development.
The study was partly funded by the City at a hundred thousand dollars ($100,000) and partly funded at fifty
thousand dollars ($50,000) for the transportation by the MPO.
Commissioner Teele: Well, let me tell you. Would you put on the agenda for the next meeting, I would like
the same kind of study in Overtown. You know, see, this is an example of what I'm saying. This is a first
rate study and you all want me, as a CRA Chair, to say that the City of Miami's Planning Department should
do it, and I am not at all concerned about the City of Miami Planning Department, other than the fact that we
instructed them, in March, to do a survey of all of the businesses on the 3rd Avenue corridor that's less than
fifty businesses. We don't even have a document that agrees on what the methodology is to just survey these
businesses. And, J.L., you know, I got to tell you something. You are by far, you know, the most effective
Commissioner down here, and I commend you. And I think all four of us want to be just like you because
every time I look around, there's a million dollars ($1,000,000) for Bayfront Trust of general fund dollar, a
million two. There's not one dollar for Overtown of general fund money, you know. And you had
management get up there yesterday and start, you know, talking about the fact that, if we do anything in
Overtown, it's going to hurt the CD process. Well, we do a lot in Bayfront and it doesn't hurt the CD process
because we use general fund money. J.L., this is a first rate study and the residents of Coconut Grove
deserve a first rate study. But, you know what, the residents of the other four districts in this city deserve a
first rate study. And I think, if there's any contingency money left, we ought to extend their contract to let
them study each of the other areas, at least one area in each of four Commissioner's district, and I won't mind
to be in Overtown first. And I'm just being fair with you, J.L. this is what the City of Miami should be doing
and not just for a handful of very powerful, very influential, very expensive taxpayers. And I recognize that
the property values in Coconut Grove are probably greater than all of the entire district that I represent, but
the taxpayers and the citizens deserve equality in treatment. And see, all this stuff that's going onon radio
about the Commissioners took away money from one district and gave it to another, we're spending money
all the time, J.L. And I've got to tell you something, you're doing a great job and I salute you.
Vice Chairman Plummer: I give lessons on Saturday morning at 7:30 on how to be good a Commissioner.
We would invite you.
155 November 17, 1998
Commissioner Teele: Is that at the Taurus?
Vice Chairman Plummer: With bagels. Yes, at the Taurus.
Commissioner Teele: Commissioner, this is an outstanding first rate study.
Ms. Bianchino: Commissioner, what source of funds were you looking at for that study, sir?
Commissioner Teele: Well, you know, we can play the game but let's start with the reserve.
Vice Chairman Plummer: Let's start with the Administration.
Commissioner Teele: The one point six million dollar ($1,600,000) dollar reserve.
Vice Chairman Plummer: ... coming back and making a recommendation to us.
Commissioner Teele: But that would be the first thing that you would do, is have the management to make a
recommendation to us. But I'm very serious. I think every Commissioner should be able to designate one
area and have a comparable study.
Vice Chairman Plummer: OK.
Commissioner Gort: Well...
Vice Chairman Plummer: I'm sorry. Mr. Gort.
Commissioner Gort: For your information, when I first got elected, one of the things that the NET
(Neighborhood Enhancement Team) is supposed to do is to do a study of each one of NET areas and I think
that's very important. That's one of the things we talked about. Because each neighborhood was different
and each one had different needs. And if we can go ahead and piggy back and get some matching funds
from other authorities, I think we should go ahead and do it. I agree with...
Commissioner Teele: Willie, I don't have any problem with NET doing all the studies they want. But let me
tell you something.
Commissioner Gort: No, I'm talking about hiring someone to do the study.
Commissioner Teele: But this is a blue blood -- this is a list of who's who in planning and design in this
country. I mean, the Plater-Zyberk, Carl Smith, Arva Parks and Company...
Vice Chairman Plummer: The price is going up.
Commissioner Teele: You know, Gifts Planning. Judson Partners even had minority participation. I mean
this is a blue blood, first rate study and every area of the community ought to have the same kind of study.
Vice Chairman Plummer: Thank you. Now that we've made me the finest Commissioner that ever walked
the face of the earth, where do we go from here, Dena?
Ms. Bianchino: You need to...
Vice Chairman Plummer: We accepted it before.
Ms. Bianchino: ...pass the resolution. We will proceed to begin the implementation process on the various
aspects....
Vice Chairman Plummer: Can I ask a dumb question? You know I've been here 29 years and every year I
hear, next year they're going to redo and expand 27th Avenue from Dixie to Bayshore. Does anybody have
any real lies to tell me this year? I mean, really and truthfully, you know, here that is really, in fact, the
156 November 17, 1998
entrance into Coconut Grove. We have gone to the MPO. We have gone to the County. And every time we
go, we're told, yes, next year it's in the plan. Yes, it's number 13 on the list. You know, I would appreciate
-- because I'm asked this all of the time by people in Coconut Grove -- somebody go get a truthful lie
because that's what it's going to be, and find out if there is an established date that we can hold somebody's
feet to the fire. I mean -- you know, 27th Avenue should be the entrance to this City.
Ms. Lourdes Slazyk (Assistant Director, Planning): One of the problems is, there are buildings...
Vice Chairman Plummer: Yeah, it's not done.
Ms. Slazyk: There are buildings that are encroaching into the right -of --way.
Vice Chairman Plummer: But you see, whether they start today or next year, those buildings are still going
to be encroaching, OK. We fought the battle of setbacks up there, I remember, with a number of those
apartment houses and townhouses. Regardless of when you start, you're going to have to fight the same
darn battle. And if we don't start, we're never going to get there.
Commissioner Sanchez: Mr. Vice Chair?
Vice Chairman Plummer: Sir. Oh --oh.
Commissioner Sanchez: You know -- no, wait a minute. I mean, let me know if this is going to be a free for
all so I could go mad, you know. Because, Art, on one, might rebuild Overtown out of gold in a few weeks
and you on the other side might do the same for Coconut Grove, you know. If you guys are going to do that,
let me know.
Commissioner Teele: He's getting money. I'm getting talk.
Vice Chairman Plummer: That's right.
Commissioner Sanchez: Because I mean -- you know, I'm in the learning business here and I see guys
operate and you guys let me know when you want me jump in, you know.
Vice Chairman Plummer: OK. Thank you very -- Mr. -- we need -- we did a motion on PZ-20 last time.
We accepted in principle.
Mr. Joel Maxwell (Assistant City Attorney): No, no, you need...
Vice Chairman Plummer: What else do you need?
Mr. Maxwell: You need one on the item in front of you now.
Vice Chairman Plummer: Hello.
Mr. Maxwell: It's a resolution in front of you now.
Vice Chairman Plummer: It's the same resolution we adopted last time.
Mr. Maxwell: No, this one is not the same.
Vice Chairman Plummer: Read the resolution.
Mr. Maxwell: This resolution, with attachments, 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 areas defined in this study.
Commissioner Gort: Move it.
Vice Chairman Plummer: We already did it but Gort seconds it. Teele seconds, Gort moves it. And I know
157 November 17, 1998
we did it so, here, take your darn message. All in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Showing known. Unanimous.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 98-1149
A RESOLUTION CONFIRMING THE INTENT OF RESOLUTION NO. 98-
1084, WHICH ACCEPTED THE COCONUT GROVE PLANNING STUDY,
ATTACHED THERETO 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 Teele, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: Thank you very much. Now, PZ-1. PZ-1.
Ms. Dena Bianchino (Assistant City Manager): This is the official vacation closure of a public rightof--way
for the Performing Arts Center.
Vice Chairman Plummer: I move to defer.
Ms. Adrienne Pardo: Can I address?
Vice Chairman Plummer: No. I've made a motion to defer.
Commissioner Teele: What's the item.
Commissioner Sanchez: What's the item?
Vice Chairman Plummer: PZ-1. I thought I had indicated this matter was not to come back before this
Commission.
Commissioner Teele: I second the motion. Isn't this the...
Vice Chairman Plummer: This is for the Performing Arts in Dade County.
Commissioner Teele: I second the motion.
158 November 17, 1998
Vice Chairman Plummer: OK. All in favor of the motion, say'aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show it unanimous.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.98-1150
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-1
(PROPOSED VACATION AND CLOSURE OF PORTION OF N.E. 13
TERRACE BETWEEN BISCAYNE BOULEVARD AND NORTH
BAYSHORE DRIVE) FOR 90 DAYS, UNTIL SUCH TIME AS MIAMI-DADE
COUNTY SHOWS ITS SPIRIT OF COOPERATION TO APPROVE
SOUTHEAST OVERTOWN/PARK WEST INTERLOCAL AGREEMENT.
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.
(COMMENTS MADE AFTER ROLL CALL:)
Vice Chairman Plummer: Thank you. Mr. -- madam?
Commissioner Teele: Next item.
Mr. Joel Maxwell (Assistant City Attorney): What was the motion, Commissioner? Defer to a date certain or
what?
Vice Chairman Plummer: A date certain is -- as a matter of fact, when Dade County is in the spirit of
cooperation to approve Park West/Overtown and that item of the interlocal agreement, which is right in
contiguous to this same issue, that we will be, in fact, back to talk to them.
Commissioner Sanchez: Mr. Vice Chair, this is the second time she comes here.
Vice Chairman Plummer: We can't get them to move. Now, you want to let Dade County...
Commissioner Teele: Yeah. They need to go lobby the County to go ahead and move the redevelopment.
Vice Chairman Plummer: That's right. That's right. Thank you. PZ,2.
Ms. Adrienne Pardo: Can we have a date certain?
Vice Chairman Plummer: The date certain will be some time in'99.
Mr. Maxwell: Commissioner, could I suggest you do it for maybe 90 days and then...
Vice Chairman Plummer: Do it for 90 days, OK.
159 November 17, 1998
Commissioner Teele: Ninety days
Vice Chairman Plummer: You know, the minute that Dade County realize that the spirit of cooperation is a
two-way street and they come and give the interlocal agreement the OK between Park West and Overtown
in Dade County, I'm going to tell you something, we're going to be just as-- spirit of cooperation. PZ-2.
Ms. Dena Bianchino (Assistant City Manager): PZ,2 is a Major Use Special Permit for One Miami Center
Project.
Vice Chairman Plummer: What does this do?
Ms. Lourdes Slazyk (Assistant Director, Planning): What this Major Use Special Permit is going to do is
approve a development program for the One Miami mixed use project. This program specifically-- it does
not have specific plans for each of the parcels; however, conceptual plans were submitted. The most
important thing to note about this Major Use Special Permit is that there is a condition within it that they
cannot build any of their phases without coming back to this Commission for individual approval. One of
the reasons that the development program is being sought now is because of our downtown DRI
(Development of Regional Impact). As some of you may know -- I know Commissioner Gort, in particular
knows -- that our downtown DRI is due to expire in approximately one year. We're working now with the
DDA (Downtown Development Authority) to begin the studies for Increment II of our downtown DRI. This
is the tool that makes development in our downtown area much more attractive than a lot of other parts of
Florida. We're in the process of doing that. This development program will approve for the four blocks that
are in the maps in your package, 1.2 million square feet of office; three hundred hotel rooms; fifteen hundred
residential units, four hundred thousand square feet of retail, and seven thousand parking spaces. It will also
include accessory uses, which incorporates a convention facility of about a hundred thousand square feet. It
was recommended for approval by the Planning Advisory Board and the department is recommending
approval with the conditions in your package.
Commissioner Teele: Excuse me. Mr. Chairman.
Vice Chairman Plummer: Commissioner Teele.
Commissioner Teele: Has this been approved by the DDA?
Ms. Slazyk: The Downtown Development Authority does not have an approval right over this but I believe
that it's supported by the executive director. I don't know if it's gone to their board.
Commissioner Sanchez: So moved.
Vice Chairman Plummer: Well, hold on.
Commissioner Teele: You all recommend it?
Vice Chairman Plummer: Ms. Dougherty has to justify her fee. And the City Attorney has advised me that
all people, all of you here today that have any intentions of testifying in a case before us here today, please
stand, raise your right hand, and be sworn in. If you're not sworn in, you will not be able to testify, and
especially the lawyers. Mr. City Attorney, English and Spanish, please. Swear them in.
160 November 17, 1998
Mr. Maxwell: The City Clerk will swear them in.
[AT THIS POINT, THE CITY CLERK ADMINISTERED REQUESTED OATH UNDER ORDINANCE
NO 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.]
Vice Chairman Plummer: In Spanish? So be it. Ms. Dougherty, you wish to make a comment?
Ms. Lucia Dougherty: Yes, sir. Thank you, Mr. Chairman.
Vice Chairman Plummer: You're foolish but go ahead.
Ms. Dougherty: Lucia Dougherty, with offices at 1221 Brickell Avenue.
Vice Chairman Plummer: Thank you. Who's making the motion,
Mr. Sanchez?
Mr. Maxwell: Commissioner.
Vice Chairman Plummer: I'm sorry?
Mr. Maxwell: There may be someone who wants to speak in opposition.
Vice Chairman Plummer: Excuse me. Is there someone here that wish to speak for or against? Sandy?
Mr. Santiago Echemendia: We're here against. We have some issues to...
Vice Chairman Plummer: This microphone. I'm sorry. I didn't think there was anyone here in opposition.
Commissioner Teele: Mr. Chairman, may I just ask one question of the staff.
Vice Chairman Plummer: You surely can.
Commissioner Teele: Does this include the area around the arena?
Vice Chairman Plummer: No, no, this is...
Ms. Slazyk: No, it does not. This is...
Vice Chairman Plummer: This is way down. This is...
Commissioner Teele: This is the Dupont Plaza?
Vice Chairman Plummer: This is Dupont Plaza, yes. It's the big parking lot.
Ms. Slazyk: Yes. It's the three vacant blocks that are around the First Union Tower and the remainder of
the blocks where the Intercontinental Hotel is.
Vice Chairman Plummer: This is the old Whitmore.
Commissioner Teele: Yeah. Does this include the ramp from 1-95?
Ms. Slazyk: The ramp isn't...
Commissioner Teele: It doesn't wrap around to the Intercontinental-- I mean, to the Hyatt?
Vice Chairman Plummer: Runs right through the middle of it. You come right off...
Commissioner Teele: It does not?
161 November 17, 1998
Ms. Slazyk: Yeah. It's the private property on which the ramp enters, yes.
Commissioner Teele: I understand.
Ms. Slazyk: But the ramp on public right -of --way. This is an application for those blocks. It's private
property and they did include -- I want to also state for the record -- you know, the requirements of the
Major Use Special Permit, which include the traffic study and the economic component were all done on the
development program, even though they don't know which components are going to go on which blocks yet.
That's where...
Vice Chairman Plummer: Each one has to come back here.
Ms. Slazyk: Each one has to come back. They can't put one brick in the ground without coming back here.
Vice Chairman Plummer: This is only for the master plan. All right.
Commissioner Teele: Thank you.
Vice Chairman Plummer: Miss Dougherty, you'll now have to make a brief presentation because we have
opposition.
Ms. Dougherty: Yes, sir. As she stated, this is simply a master plan. We have to come back to you when
we have architecturals; it has to go through the Urban Development Review Board; the PAB (Planning
Advisory Board); the City Commission. We have the following consultants with us here today. Cooper
Roberts and Partners -- Cooper Robertson and Partners, who is a New York architectural and planning firm.
Alex Cooper is with us here today. He's the head of Urban Design at Columbia University. David
Plummer and Associates, our traffic engineers, are with us
Vice Chairman Plummer: No relative.
Ms. Dougherty: Sharpton and Brunson, who is the Economic Impact Analysis, and Hilario Candela and
Larry Klein from Spillis and Candela and Eric Croday from HOK Studios, which is the architect also for the
project. This project would have a one billion dollar ($1,000,000,000) economic impact in the City of
Miami and seventeen million dollars ($17,000,000) per year in ad -valorem taxes in favor of the City of
Miami. One of the issues that's going to be raised by my opposition is, that they have a concern that by
vesting of these development credits, there would not be the same kind of review that would be allowed at
the lower courts and I'm here to stipulate to you today that whatever review that the Planning Advisory
Board has today or the City Commission has today, or the Urban Development Review Board has today,
they have the same rights for review in the future. We are not depending on these development credits for
any kind of leeway in terms of that review. The second issue is that Mr. Echemendia has asked that they
have a right in our Major Use Special Permit, as a condition, to have us cooperate with them in coming up
with a compatible solution for our future projects. This is something that is not acceptable to our client. We
have agreed and will stipulate on the record that -- and I would recommend that we stipulate on the record --
that any person filing an application for an amendment to the MUSP (Major Use Special Permit), will have
to meet with the owners of the property located at 200 Biscayne Boulevard regarding their concerns for
pedestrians of vehicular access, view corridors, loading docks, service systems and similar uses prior to
filing any such application. That is something that we would do routinely as a good neighbor, anyway, and
we would so stipulate on the record. With that, I would like to make sure that all of the record that we
proposed in the Planning Advisory Board be incorporated in the record today.
Vice Chairman Plummer: So ordered. Sandy. For the record, your name and mailing address.
Mr. Santiago Echemendia: Santiago Echemendia. I'm with the law firm of Tew, Cardenas, Revak, 201
South Biscayne Boulevard.
Vice Chairman Plummer: Pull the microphone over so the recording is....
Mr. Echemendia: I am here with Tim Pronco, who's the director of marketing for SRI, Miami Venture LP,
162 November 17, 1998
which is the owner of the First Union building. We're not opposed to the project. We think it's going to be a
good project for the City of Miami. Our concern is that there are some procedural deficiencies. One of the
requirements that you have in your Code is that there be a concept plan and that concept plan -- the Code
actually provides, Section 1702 of your Code, it provides "all of the following shall be required before the
application for a Major Use Special Permit shall be considered to be filed for processing" Seventeen -- a
little further down it discusses the concept plans-- this is one of the requirements: "The following topics or
item shall be required in the concept plan as they may be related to the proposed development" "The
concept plan shall demonstrate functional internal relationships within the area to be encompassed and, in
particular, the relationships of the concept plan to the surrounding existing and proposed uses, activities,
systems and facilities (transportation, recreation, view corridors, pedestrian systems, service systems, and
similar uses)." What you have in front of you is very different from most of the Major Use Special Permit
applications. In fact, all of them, with one exception, they all have concept plans so that the adjoining
property owner -- so, as part of this review, the adjoining property owners and large scale development
review and yourselves could see the interrelationship between the proposed development and the
surrounding properties. In this instance there is no concept plan. Let me show you -- and I'd like to
incorporate, by reference, the Major Use Special Permit Applications in Brickell on the River, the
Millennium, Albenese, MultimPlan and Brickell Invest. This is the Major Use Special Permit Application on
Brickell on the River. This is the section on the concept plan. The entire Major Use Special Permit, as was
testified by your principal planner last week, is not the concept plan. The concept plan is a particular portion
of the Major Use Special Permit and in that section you typically see something like this. It shows you the
elevations. What you have in this instance is basically a land use plan. There is no proposed development.
What these folks are, with all due respect to them, I understand what they're doing. They're attempting to
get an allocation of credits without having a concept plan. The concern that we have about this, first, it's
procedurally deficient but the concern that we have relative to it coming back in the future is, though your
staff will argue that the way this has been framed is that, it will come back as a substantial modification and
you will have the same review powers, and Lucia will stipulate that you have the same review that's
provided under the Code, though that stipulation doesn't really do much for anybody because its not as part
of a covenant. It's not -- that the — by virtue of the allocation of credits, that there will indeed be a vesting of
the credits. They will have the right to build the 1.2 million of retail and office and so on and so forth. We
don't know. Your City Attorney doesn't know, your principal planner, Lucia doesn't know and I don't know
what the affect of that vesting of the allocation will mean. It could mean that, if they get denied by this
Commission when they come back on the substantial modifications, that they raise an issue of being -- of the
Commission being equitably estopped to deny them because they are vested for all of those development
rights. The fact is, we don't know the answer to that question. The applicant can't tell you the answer and
we can't tell you the answer. That's why we are concerned. What we were proposing, because we're not
here and you may, a lot has been made of the economic report and how much they're going to be paying, but
our client paid this City today, in ad -valorem taxes, five point four million dollars ($5,400,000).
Vice Chairman Plummer: So?
Mr. Echemendia: They are the largest building in the State of Florida and one of the nicest looking
buildings in this city. So, I think its important for this Commission to not only look forward to the
development that may take place but preserving the existing developments in how they may be adversely
impacted. We tried to derive some language with the applicant earlier today.
Vice Chairman Plummer: Excuse me. Mr. Teele?
Commissioner Teele: You are the Miami Center, is that correct?
Mr. Echemendia: No, I represent the....
Vice Chairman Plummer: First union.
Mr. Echemendia: The owner of the First Union building.
Vice Chairman Plummer: Is that the oldCentrust?
Mr. Echemendia: No, that is the old Southeast building.
163 November 17, 1998
Vice Chairman Plummer: Wasn't that building just recently sold?
Mr. Echemendia: My understanding is that, yes, two years ago.
Vice Chairman Plummer: For two hundred and eight million dollars ($208,000,000). And you paid how
much taxes?
Mr. Echemendia: Five point four million in ad -valorem taxes.
Vice Chairman Plummer: Go ahead. Because I think you just struck a gold mine for the City. Go ahead,
proceed. It's thirty-two thousand per million, right, at 208? All right, go ahead. Please proceed.
Mr. Echemendia: So, we think...
Commissioner Teele: My math doesn't go that high. My math doesn't go that high.
Mr. Echemendia: What we tried to do is...
Vice Chairman Plummer: Watch it.
Mr. Echemendia: Commissioner Plummer is, we try to derive some language because, again, we're not here
to oppose the application. The problem is that, unlike otherMSU, Major Use Special Permit Applications,
this doesn't have a concept plan. We don't know what it's going to look like. We don't know the effect of
the allocation. I've handed out some language that we proposed to the applicant, be incorporated as a
condition to the Major Use Special Permit. The applicant's attorney came back with a proposal that they
agreed, not as a condition, but that she would stipulate on the record to agree to meet with us prior to filing
each and every phase of the proposed development. That, with all due respect, doesn't really do much for
us. We would implore you to incorporate, as a condition in this application, the language that you have in
front of you; otherwise, we will hopefully, maybe within the next 30 days, which is the time that we have the
right to appeal whatever it is that you do here today, in the event that you approve this application, we will
be able to come up with some sort of private agreement with the developer. Otherwise, we would have no
choice but to challenge the approval based on what we believe is a procedural deficiency. There is no
concept plan. Your ordinance doesn't provide for there not being a concept plan. It is pretty clear that there
isn't one. Construing this as bringing it back on a substantial modification, we'll address the issues. It's not
contemplated for in your ordinance and that, therefore, renders the application procedurally deficient. We
think it's in everybody's best interest to include some language that they would agree to cooperate with us
because, quite frankly, we don't know what this is going to look like.
Vice Chairman Plummer: You're being repetitious.
Mr. Echemendia: We don't know what the effect of the vesting is.
Vice Chairman Plummer: Thank you.
Mr. Echemendia: Thank you.
Vice Chairman Plummer: You're only a million dollars ($1,000,000) off. If you'll send us a check for the
other million. It's six point four, based on the hundred percent assessment. You so note?
Ms. Bianchino: Yes, sir.
Vice Chairman Plummer: Thank you. Miss Dougherty?
Mr. Echemendia: Commissioner, to the extent that there is additional testimony elicited, I'd like to have the
right to cross-examine. I'm sure your City Attorney will agree.
Vice Chairman Plummer: There is no cross-examination in front of our board, sir.
Mr. Echemendia: This is quasi judicial proceedings...
164 November 17, 1998
Vice Chairman Plummer: You can make anything a part of the record that you wish.
Mr. Echemendia: Joel.
Mr. Maxwell: They are entitled to cross-examination, as a quasi judicial...
Vice Chairman Plummer: Through the chair.
Mr. Echemendia: It's a quasi judicial.
Vice Chairman Plummer: All right. Miss Dougherty?
Ms. Dougherty: Mr. Chairman, if you wish to see the concept plan, Alex Cooper is here to present that plan
to you. We are asking for...
Vice Chairman Plummer: Since it is a bone of contention, put it forth.
Ms. Dougherty: Because this is a vested rights -- because we are asking for vested rights for the
development credits -- the reason for this is so that we don't have to go through a formal DRI, which takes
18 months and a million and a half dollars ($1,500,000) to go through that process. That's the reason for this
application, and my client is doing exactly that in Blue Lake right now. So, the reason that the City of
Miami has this downtown DRI is so to expedite development in downtown, to assist your developers, and
that's exactly what you're doing.
Vice Chairman Plummer: Pull up the conceptual plan.
Ms. Dougherty: We are not having vested rights. Excuse me? We don't have vested rights for the -- I just
want to say one thing. We have vested rights to the development credits but not for the architecture and
that's something we're going to have to bring back to you, and you have all the same review that you have
now in the future. Alex Cooper, if you'd like to present your concept plan, please.
Vice Chairman Plummer: Let me ask a question while Alice-- Alice Cooper?
Ms. Dougherty: Alex.
Vice Chairman Plummer: Oh. Dena, you know, we've heard on this parcel of property for years and years
and years. It's like 27th Avenue tomorrow, next year. How long had the approval, which we are giving
today, which could disallow some other people having the credits-- because you get to the limit -- how long
of this approval that we do today is the maximum, before they must either pull permits, put a shovel in the
ground? Can we limit the time...
Ms. Slazyk: It's two years, is what the Code gives them and, then, they would have to come and get a time
extension and at the time of a time extension, we could ask for updated studies. We could, you know...
Vice Chairman Plummer: Can we make it for less than two years?
Ms. Bianchino: Yes, we could.
Vice Chairman Plummer: OK. All right.
Ms. Dougherty: In this kind of a project, I don't know that you'll want to do that. For this large a project, I
don't know that you want to make it for less than two years. May I put one thing on the record, Mr.
Chairman? Since we did file the application, my client has actually purchased the property and I'd like to
put the new ownership disclosure on the record.
Vice Chairman Plummer: Thank you. The conceptual plan by A. Cooper.
Mr. Alexander Cooper: Thank you, Mr. Chairman, Commissioners. I do get a lot of mileage out of Alice
165 November 17, 1998
Cooper.
Vice Chairman Plummer: You will be allowed to speak, sir, when you tell us your name and your mailing
address.
Mr. Cooper: My name is Alexander Cooper, a partner at Cooper/Robertson, architects in New York City.
And with me is my associate, Randall Morton. We're going to present a series of boards to you and we'll try
do it mercifully, quickly. The first series of boards have to do with our perception of this site. It is one of
the most visible sites in the city, the four blocks right where the Miami River and the bay come together.
We'll run through some very quick perceptions of that because we have an attitude about the public nature of
what is going to emerge here and we'll, then, follow very quickly, block by block, of what the intentions are.
Go ahead, Randy.
Mr. Randall Morton: Commissioners. OK, thanks.
Vice Chairman Plummer: Your name and mailing address for the record.
Mr. Morton: My name is Randall Morton. I work with the firm of Cooper/Robertson, at 311 West 43rd
Street, New York.
Vice Chairman Plummer: My condolences.
Mr. Morton: All right. It's not such a bad place. We need help with the Giants though.
Vice Chairman Plummer: We'll send you a snow shovel.
Mr. Morton: All right. Now, my boss told me I have to go through these fast, so I'm going to go through
these pretty fast. I'm not going to try and lose you. But, when we came to town and we were asked to look
at these four blocks, the one characteristic that you have noticed is that it's a group of sites. It's not an
individual site. And, unlike a lot of other must applications, it's an individual building and those projects
normally are more concerned with what goes on within their property lines. This project, we're going to
examine more of the public benefits that go on and the real reason that you would plan a group of sites
together is because the public benefits much more. So, I'm going to run you through quickly a list of those
public elements that we considered and how we put uses on this site, and the very first thing is where, within
the context of the City we're located. Were actually at a point in the City where the river meets the bay. It's
probably the most unique position in the City.
Commissioner Gort: It's the mouth of the river.
Mr. Morton: It's the mouth of the river, exactly. We spent a lot of time studying what goes on in the water.
There are a lot of boating activities; the intercoastal waterway goes through; the Miami River is an active,
unique working place; Biscayne Boulevard is a true waterfront street; the cruise ships come in and they turn
around in the turning basin, which is pretty spectacular site and it's all unique to Miami. We also studied
Brickell Avenue and Biscayne Boulevard, the two key streets that are the signature addresses of the City,
and what's unique about this is that they both arrive here and they come together at the same point. So, these
four blocks, planned together as one unit, can take care of how these two streets come together, which we all
know now...
Vice Chairman Plummer: Hold it, hold it. The question that I wish you would address is the exit off of 395.
Because it empties right into your property.
Mr. Morton: The exit off of 395 comes right into the property, right down the middle.
Vice Chairman Plummer: And how do you anticipate that will help, hinder or affect your program?
Mr. Morton: Well, a piece of our program -- Mr. Cooper will tell you about it -- a piece of our program is
office buildings and retail. One of the best things you can have, if you have an if office, is visibility, and the
best thing you can have is access so that people can arrive at a commercial site and park right away.
166 November 17, 1998
Vice Chairman Plummer: Sir, you're talking about an additional seven thousand cars.
Mr. Morton: Talking about seven thousand cars.
Vice Chairman Plummer: That's minimum, OK? Tell me how you are going to accommodate, with streets
today that you can't move on because of grid lock, that you're going to accommodate another seven thousand
cars.
Mr. Alexander Cooper: Commissioner, we have a very extensive traffic study that was done for this density
and these uses, but exactly by street, the number of cars added to the system, it's quite an extensive part of
the application. And David Plummer is here, if you'd like him to answer that question particularly.
Vice Chairman Plummer: As soon as Mr. Morton is finished, I'll ask David to come forward.
Commissioner Regalado: If I may just make a comment?
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: There was a study that was published yesterday and it showed that Los Angeles,
Washington, DC, San Diego and, then, Miami are the most affected/infected cities because of traffic and
grid lock. And, you know, it's nothing we can do about it. It's just that we don't have the infrastructure, nor
Los Angeles and, you know, I don't -- to judge such a project of this magnitude, of looking at the whole
picture of the situation, it's ... I think, it's unfair.
Vice Chairman Plummer: Mr. Regalado, if I had not been exposed to the project proposal by the Goldman
brothers, who owned the property of the Dupont Plaza, I might concur with you, but they had a plan that
they came forward with, that was a plan that would alleviate the problem of access, ingress, and egress into
that particular area. And I'm telling you that that plan would work. It was a plan for the traffic. It just had
all kinds of -- I would suggest that the Planning Department pull those plans out. I went with BobTraurig
for a day to Toronto and we went all extensively through those plans, and I want to tell you that what I saw
would work, as far as the traffic plan was concerned. So, proceed, sir. Because I want to tell you
something, to me, one of the most crucial things that you're going to have to address is the automobile. I am
extremely concerned just on the other side of the river, which is in my district, we have sky scrapers of
seven hundred, nine hundred, thirty-two hundred units and I am telling you, from the Miami River to 15th
Road, as I see it today, the traffic is going to be horrendous. That is right across the river from you. Now,
all of those people that are in that area, from the river to 15th Road, most likely are going to work in
Downtown Miami. And all you're talking about is, most likely, another minimum of fifteen thousand cars a
day, plus your seven thousand cars a day. We are reaching a point of absolute grid lock.
Commissioner Gort: J.L., yeah. This is where the downtown people mover comes in. Every time I go to --
every time I want to go to downtown, I use the downtown people mover all the time. A lot of the people in
the offices use that.
Vice Chairman Plummer: Willie, that's you. Unfortunately, there's not enough Willies down there. OK.
Go ahead, sir. I'm sorry to interrupt you.
Mr. Morton: No, sir. Couldn't agree with you more, though. What we are looking at, Mr. Plummer, the
traffic engineer, the other Mr. Plummer, will talk to you about the quantitative stuff.
Vice Chairman Plummer: And he's not related.
Mr. Morton: We know that. But qualitative look...
Vice Chairman Plummer: I wish he was.
Mr. Morton: The qualitative look says that Brickell and Biscayne couldn't be more different. Brickell is
really a business address and a residential address, and Biscayne is a key civic street. There are a lot of
public pieces on there. So, let's assume we can work out the traffic problems and let's hope that we can do
that. We will still have streets of two very different, very important, characters coming together here. So, if
167 November 17, 1998
we can get past the traffic issue, we still have two great streets to deal with. In fact, one of them, Biscayne
Boulevard, can end at the river and provide a river front address and, in order to make that happen, you need
to control both sides of the street. Now, the beauty of having a group of sites is that we can, in fact, plan
ahead for that. If we only had one site, we wouldn't really be able to end the street effectively at the river.
So, for the first time, Miami's best street can meet the river front if these four blocks are taken into group
consideration. Another piece of public infrastructure that's in place is the Riverwalk. If you all know, the
Riverwalk, it pretty much starts at Bayside and wraps behind the Intercontinental and stops. Then, when it
gets to the Dupont Plaza, it can continue. And then, behind the Hyatt and Convention Center, continues on.
That gap, that break, is about the same dimension as the sites that we're talking about. If you consider all
four of these sites together, that Riverwalk can be connected up as part of the marketing strategy of this
project, as part of the public infrastructure of this project, and you can complete that if you look at all the
blocks at once. So, we could consider completing that inboard, using Biscayne Boulevard Way as a
completion of the Riverwalk System so that our sites can benefit from being part of the Riverwalk. We can
have more of a river front address. Of course, if you're on the water, you always want to have boats around
and there are some boats here but there aren't enough boats, and we're already under investigating bringing
as many boats here as possible, and a place where boat owners and non boat owners alike can utilize the
waterfront. We've done a lot of study of existing pedestrian circulation and where the pedestrians and you
can't ignore Flagler Street when you talk about pedestrians, which is really Miami's real, true piece of
urbanism. So, it's important to us that our plan connects to Flagler Street and the retail that's there and our
site that we've labeled "D" is an obvious choice because it's close, it's connected to Flagler by two streets.
It's a logical retail condition. There is the courtyard at the First Union building, which is within the property
lines, not without the property lines but it's an important public place that we would like to relate to, as well
as all of the lobbies of the Intercontinental Hotel and Bayfront Park. So, there's a good north/south
movement that we think all of our projects can take advantage of. We also took into consideration the
people moving in public transportation. There have been a number of proposals by the County for an
additional people mover station between our site "C" and "D," which we would encourage and, in fact, plan
for in the layout of those buildings, as well as site "B." That would give us not only the people mover on
Biscayne Boulevard but a second people mover system, making these help increase ridership and be part of
the public domain and public transportation system. We also took a look at night life because part of our
program is residential and it's true that you can actually get a 24 hour, at least a more livable neighborhood,
if you have some residential. That circle that's on this drawing is about the size of downtown. You can see
there, all these little black marks I've drawn are where night life exists today. There is none here. So, this
would, there is none.
Commissioner Sanchez: There's none?
Mr. Morton: There is none.
Commissioner Sanchez: Unless you cross the river to Brickell.
Mr. Morton: It's across the river to Brickell or maybe a little bit ofBayside if you'd consider that. But
another aspect about night is that that's when Miami looks its most beautiful. It is one America's prettiest
cities at night, except for New York. And we think that our four blocks will certainly add to the beauty and
character. And we're well aware of the role that this site would play on the sky line as well. It's true that the
public realm is lacking and we are surrounded by good neighbors. The First Union building is maybe one of
Miami's most handsome buildings and it's a Class A office building. But one of the lessons there is that,
even though you have good buildings on one block, it has little effect over the public realm but if four blocks
can be done at once, you can have a greater public benefit, which is really the aim of the kind of work we're
doing here. So, in a quick summary, if we put it all together, what we learned about our sites is that on the
west end, it's much different than on the east end. On the west end you have visibility from the highway
ramps coming in and visibility from Brickell Avenue and you have people mover station there. On the east
end you have waterfrontage and you have boats and you have the civic ending of a key street, all of which
tells us that this is more of a residential end of the project and more of a commercial end of the project with
retail leaning towards Flagler. So, even though in the end the planning is very simple, we tried to take in a
lot of public pieces to put it together. Thanks.
Vice Chairman Plummer: Mr. Plummer, come talk to me.
Commissioner Sanchez: I want to commend you on that presentation. Very good presentation. Very well
168 November 17, 1998
presented.
Mr. Echemendia: Thank you.
Vice Chairman Plummer: Just leave it up. Mr. Plummer needs it.
Mr. Cooper: Just a couple more flips before David answers the traffic questions in particular. These are
documents that you have in your packet. It goes site by site, showing the density, the number of rooms, size
of buildings, and the square footage on each site. And this first page that's in your packet summarizes all of
the uses and all of the parking. And, by the way, just as a general matter, the amount of square footage that
you can put on these sites downtown really is unlimited in your CBD zoning. Parking, whoever, their
maximums are stated. Maximums permitted. At seven thousand, we are about 10 percent less than what
zoning calls for at this point. This will show what is simply permitted on each site. I'm going to run through
that very quickly. Site "A" is the one immediately on the water, directly behind the Intercontinental faces on
to Biscayne. What you'll see is that almost each block is a mixed use block. The intention is not to simply
put one building on each block but to have a mixture of uses on each block in a much more vital way. So,
that on the Site "A," we have a three hundred room hotel and that is behind the six hundred room hotel of the
Intercontinental. There is room for a three hundred unit condominium as well. We're planning for about a
hundred thousand feet of conference space, which, in fact, could be used in conjunction with the hotel. And
there is room for a 75,000 foot specialty retail right on Biscayne as it comes and meets the water. The next
site to the west, Site "B," on the west side of Biscayne and the one immediately south of the First Union
Tower on 3rd Street, is a site that the owners are envisioning as a residential site and with many ideas of
bringing residential living back to downtown. A very powerful idea. We are showing up to 1200 units of
residential on here. It is not possible to speculate right now whether that is two towers or three. That is a
staging question and a marketing and absorption question, so it's very hard to give the kind of explicit
answer to the question being asked by the neighbors. Show us the size of your building and what it looks
like. It is far too premature to do that but it would be either two or three buildings, strictly residential on Site
"B." Site "C," directly north of the Dupont Plaza, we are showing an office building of some seven hundred
thousand feet there, with retail space around all of the streets, and we've allowed for the kind of walk-in
retail space that we think can be extended from Flagler toward the water, with parking in the middle of the
block. And on Site "D," immediately to the north, we're showing here the possibility of a couple of uses.
We are showing an office building of some five hundred thousand feet but we're also allowing for the
possibility here of an entertainment and retail center. And these two, we think, can live together, with the
retail center on the lower portion of the block and the residential tower above. And that is right at the
entrance, Commissioner, of 95, and we recognize the very powerful, visual possibilities coming in from 95
from that direction, between these two sites. So, that when you see the whole pattern together, you can see
that the uses are quite mixed. This is not simply an office parking of downtown. It's a place of retail uses, of
hotels, of residences, of offices. It's, in fact, a very powerful microcosm of an entire city and we think those
are the kinds of uses on these streets that are absolutely essential. And, by the way, we think the density is
right and a little congestion really helps. So, that's basically the attitude. David.
Mr. Echemendia: Mr. Plummer, I just have a quick question.
Vice Chairman Plummer: He has ... excuse me. Mr. A. Cooper, there's a quick question.
Mr. Echemendia: Mr. Cooper, how are you? There's a provision in the Code regarding Major Use Special
Permits concept plans that is part of their, the Commission's review process. It says, "in addition, such
material shall demonstrate any relationships to any special permits, variances or special exceptions from this
zoning ordinance or other special exceptions from the City regulations that are required in order to construct
a development for which the Major Use Special Permit is requested." You mentioned something about a
potential parking variance.
Mr. Cooper: I didn't mention the parking variance. Excuse me?
Mr. Echemendia: I'm sorry. With the plans that you have now, that is, these land use maps, do you know if
the eventual development will require any variances, special exceptions?
Mr. Cooper: No. I said, quite explicitly, that the amount of parking that we are requesting through this
permit is below the maximums that zoning allows.
169 November 17, 1998
Mr. Echemendia: No. In the....
Mr. Cooper: No variances have even been contemplated on that.
Mr. Echemendia: I guess my question is, do you know, based on the concept plan that you have now,
whether you will need any variances, special exceptions, etcetera, as may be required, depending on what
the proposed development is going to look like?
Mr. Cooper: Based on the concept plan, as it stands today, we anticipate no variances.
Mr. Echemendia: You anticipate but you don't know what the answer will be because you don't have a
development plan with you.
Mr. Cooper: But, you know what, I can't tell you what the market's going to be in three years.
Vice Chairman Plummer: How many years?
Mr. Cooper: You're asking questions... pick two years. Pick a number. None of us are...it's one of the
complications of doing master plans and doing groups of buildings. You know, and point of fact, nobody
can tell you inch by inch what this will be. But we're very clear on what the uses will be, the densities will
be.
Vice Chairman Plummer: Mr. Cooper, the answer is to the question is no.
Mr. Echemendia: Thank you. Thank you. I appreciate it.
Vice Chairman Plummer: That's all we need. We don't need an editorial. Mr. Plummer.
Mr. David Plummer: Oh, boy. There is an exhibit of the street systems surrounding this site. Let me,
please, get on the other side of the podium. For the record, my name is David Plummer, RL-U-M-M-E-R, a
traffic consultant for the Miami One.
Vice Chairman Plummer: And, unfortunately, have an office in Coral Gables and nothing in the City of
Miami.
Mr. Plummer: That's correct. Pardon?
Mr. Plummer: I sure would, and we may. If I could look this just to orient you, is the same downtown area
Mr. Cooper talked, the block numbers A, B, C and D. I think you're all familiar with that. Second Avenue,
being one-way, running along our west side. Biscayne Boulevard beginning and going north. Biscayne
Boulevard Way ... it took me a long time to figure out what that street name was. That's the one that runs in
front of the Dupont. And let me say this, that at the, at this level, Alex Cooper and the team have set the land
uses that we're going to put on this site. My series of studies begin now. With this approval, we have to
develop what we call a concept plan for traffic, and maybe there's a better word, will set the geometric for
the improvements for a build -out condition before they come in and apply for a single block permit, so that
you will be receiving back. And the reason that it's important that we balance it with a plan is that we have
to be very sensitive about the needs for First Union's access; the needs for the Dupont Hotel's access. And
one of the things we're going to try to do is make this street system more pedestrian friendly and all of those
things require, not only our needs, but the needs for the rest of the City of Miami and downtown. And, as
was mentioned before, we're also working now to see if we can't get a people mover station that would be
adjacent to one of our towers and all of those will come together in the buildout traffic study..
Vice Chairman Plummer: We offered that at one time and it was denied by the applicant at the time.
Mr. Plummer: This applicant?
Vice Chairman Plummer: Not this applicant, no. He's a new boy on the block.
170 November 17, 1998
Mr. Plummer: We are enthused about it and I think, J.L., you know, from our years down here, what had
been a negative for a lot of property owners about transfer stations close to the site and that's the reason this
alignment is pushed into public right-of-way, is now become very positive.
Vice Chairman Plummer: David, my problem is simple. You know, it doesn't take a traffic designer. It
takes somebody behind the wheel of a car, at eight o'clock in the morning, trying to get off of that
expressway.
Mr. Plummer: That's correct.
Vice Chairman Plummer: Now, with the count that is presently there today, and I don't know whether it's 10
cars or ten thousand, we're talking about an additional seven thousand from this project alone. We're
talking, I don't know, seven, ten thousand from the Brickell area. Now, you know, every street, I'm sure, has
a capacity and my concern is, that I'm being told by the Planning Department, if you go to the maximum of
what you're planning right now, you've got to come up with eighty-eight hundred and fifty-eight parking
spaces. You know, and all I'm saying to you is, when can you reach a point that you can't move? We're
darn near grid lock now. Now, I'm concerned about adding, and you're very much aware, more than
anybody than me, that you'd go to the north and start south. You're talking about the Performing Arts.
You're talking about the new arena. You're talking aboutBayside. You're talking about the park. All of that
traffic coming down. Where is -- where are we going to be able to move? And that's my concern. I got to
tell you. Mr. Sanchez.
Commissioner Sanchez: Well, that's why in downtown you have the people mover and the Metr&Rail and
it would be good for it. I mean, that's the biggest white elephant we have.
Vice Chairman Plummer: Joe.
Commissioner Sanchez: People -- they're being forced to use it.
Vice Chairman Plummer: If people used it, I would say great. You know, let me just very quickly and,
then, I'll move.
Commissioner Gort: J.L., let me ask a question.
Vice Chairman Plummer: Sure, go ahead.
Commissioner Gort: What do we do then? We don't do any-- we don't build anymore...
Commissioner Sanchez: Yeah.
Vice Chairman Plummer: But I'm just saying that there's plans that have got to be made. There's people
going to have to give property up so that we can widen these roads. There's going to have to be give and
take. Because let me tell you something. I don't know what this guy paid for these four blocks but the one
thing he doesn't need is to have grid lock, where he can't get people into them. You know, Willie, what I
want to tell you, you know, we built a one billion dollar ($1,000,000,000) rapid transit in this community.
One billion dollars ($1,000,000,000). It was designed to carry eight hundred and sixty thousand people a
day. The biggest day they ever had was Grand Prix for sixty-eight thousand people, OK. Now, the County
screwed up entirely because the feeder bus system was supposed to be the answer and they lost out because
they didn't have the money. You go to these parking lots, they're empty. People aren't riding rapid transit,
so much so that now the County's putting in that darn cockamamie bus system lane that goes to Homestead,
everybody is getting killed on.
Commissioner Sanchez: Yeah, but why aren't they using it?
Vice Chairman Plummer: No, it's not a laughing matter. I'm sorry. But it's true. I mean, you know, you
can talk about the people mover; you can talk about rapid transit, but if people don't use it, and they're not,
we're in serious trouble. Mr. Regalado.
Commissioner Regalado: J.L., I think you're right but, at the same time, you know, that's what New York
171 November 17, 1998
has. I mean...
Vice Chairman Plummer: I don't want New York.
Commissioner Regalado: You can't move and drive in New York and, yet, it's the best and the biggest and
the most important city in the world. And we want to be like that, we have to just take what we need to be a
great city. I think, however, that, with imagination, you can help some of these problems. They are talking
about, you know, boats and boardwalks and sea and water and I think that it's getting to the point where to
get to the commercial area of your project and maybe to other areas of downtown, you can use ferries. You
can use boats that people would park or tourists park in Watson Island or other parts of the City and ferry
people in. I would tell you that a lot of people would like to use that just because of the fun and the fact that
they can get out and to their houses without the grid lock of downtown. Whether we approve or not that
project, grid lock is going to continue and increase in Downtown Miami because that's the way it is. In
Miami, in Los Angeles, a person spends about sixty-two hours a year on grid lock, according to this study
that was done. So, I'm sure that you're familiar with this study.
Mr. Plummer: It was in the paper.
Vice Chairman Plummer: Well, let me tell you, you might like it and you might want it but I don't.
Commissioner Regalado: Well, you know, we can't say, you know, we have to figure out a way to solve the
traffic problem in order to approve that. There's no way. There's no way because roads are not built as they
should when they were built. So, I would think that, I would hope that you people will start thinking about
different ways to -- there will be, I'm sure, people that would like to come in helicopters. I mean, executives,
heliport in the top of the place. That's New York. And that's the way a big city has to think.
Vice Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: J.L., there's an old saying that says, "Sometimes you've got to crack open a few
eggs to make an omelet."
Vice Chairman Plummer: You don't want me to touch that statement.
Commissioner Sanchez: But let me tell you something.
Vice Chairman Plummer: In Spanish or in English.
Commissioner Sanchez: This is probably one of the best projects that have come to downtown development
in a long time and if we look at it -- you know, we constantly have people complaining, all the taxes are too
high, the taxes are too high, but they don't want to develop. They don't want changes. This is-- how much
money is this going to bring into the City? I guarantee you, it's going to bring a lot of recurring revenue to
this City. Traffic, that's just a minor thing there. I mean, when I go downtown, I go to the arena and stuff, I
take the people mover because traffic is bad.
Vice Chairman Plummer: Find out how much the impact fees are going to be also.
Commissioner Sanchez: J.L., that's what democracy is all about. It's beautiful.
Vice Chairman Plummer: All right. Listen, David, Let's try to wrap this thing up because, you know, you're
not here today with an application, OK, and I understand that.
Mr. Plummer: That's correct.
Vice Chairman Plummer: And, look, I want that project to be downtown but I want it to be where
everybody is free and wants to welcome it. All I'm saying to you is, God, you've got to address the problem
of cars. There's absolutely -- you can't deny it. It's got to be. Now, I want to tell you and I want to be
honest with you real quick like, up front, you better be pulling permits before the two years are up because
I'm not going to be looking toward extensions.
172 November 17, 1998
Commissioner Sanchez: What is it that they need here, today? Because I'm willing to make a motion and
call the question.
Vice Chairman Plummer: Sir, your motion is always in order. What do you wish?
Mr. Maxwell: The opposition may have a couple of questions. They do have a right...
Vice Chairman Plummer: Well, you know, we're at --
Commissioner Sanchez: Let's go because we're not going to spend all day on this.
Vice Chairman Plummer: Mr. Maxwell.
Mr. Maxwell: Yes, sir.
Vice Chairman Plummer: We have a presentation; we have opposite view, and we have rebuttal. Now, I'm
not going to let this thing go on all day.
Mr. Maxwell: No. What happened, in this particular instance was...
Mr. Echemendia: J.L., I just have two questions for the....
Vice Chairman Plummer: Ask your two questions, be brief, and your answers are brief.
Mr. Maxwell: It happened because the presenters bifurcated theirs.
Vice Chairman Plummer: Well, OK, they bifurcated. That's their right. Next time I'm going to set a time
limit, which I didn't want to do.
Mr. Echemendia: J.L., one thing I would just ask Lourdes to, Lourdes Slazyk, who's your principal planner,
if that's her correct title, to clarify the issue of the two years because we weren't quite sure whether they have
two years...
Vice Chairman Plummer: Lourdes, answer the question.
Mr. Echemendia: Each time they come back on the substantial modification, does that mean two years after
that and two years ... what exactly... ?
Vice Chairman Plummer: Lourdes, answer the question.
Ms. Slazyk: The answer there would depend on their request. They have a right, in two years, to ask for an
extension of time...
Vice Chairman Plummer: two years from when?
Ms. Slazyk: On the entire thing. It's two years from today, that they have a right to ask for an extension of
time.
Vice Chairman Plummer: OK.
Ms. Slazyk: They could ask for....
Vice Chairman Plummer: The second question.
Ms. Slazyk: ... continuous extensions for each of the four phases.
Vice Chairman Plummer: The second question.
Mr. Echemendia: The second question is the Major Use Special Permit Concept Plan language in Brickell
173 November 17, 1998
on the River, which we incorporated into the record, states that "maps submitted indicate that land uses of
the property and the project's function, building elevations, sections and perspectives showing the proposed
materials, vertical profile and height and orientation to streets are included in the drawings submitted with
this application." My question to Miss Slazyk would be, is any of that material included as part of this
application and having reviewed a litany of Major Use Applications for the City of Miami, is this the normal
procedure or is this, my understanding is, this is one of two cases, in maybe two hundred cases, where this
has been the procedure? Could you...
Vice Chairman Plummer: Lourdes, answer the question.
Mr. Echemendia: Two prong question.
Ms. Slazyk: OK. Yes, this is, there has been a precedent to this before and Brickell Square was the
precedent and no, this application did not have elevations but they were not required.
Vice Chairman Plummer: Thank you. Any further questions? Any further discussion by the Commission?
Mr. Echemendia: One last question, J.L.
Commissioner Sanchez: I made a motion.
Vice Chairman Plummer: You said two.
Mr. Echemendia: One was just elaborating on your issue and, then, there was the two prong, just one last
issue.
Vice Chairman Plummer: Go on, get it out.
Mr. Echemendia: It's important for the record, J.L.
Vice Chairman Plummer: Get it out.
Mr. Echemendia: Substantial change in the Code is defined as any other change which, in the evaluation of
the zoning administrator, has not been part of the prior application, has not been reviewed and evaluated by
staff and has a serious effect on the project proposed by the application. To the extent that you have framed
this as every phase having to come back as a substantial modification, is it your opinion that these future
applications will have a serious affect on a proposed application? Is that why ?...
Vice Chairman Plummer: Lourdes, answer the question.
Ms. Slazyk: No. I have said...
Vice Chairman Plummer: Thank you. Is there any further discussion by the City Commission? Mr.
Sanchez, you have a motion.
Commissioner Sanchez: I made the motion to move it.
Vice Chairman Plummer: All right.
Commissioner Regalado: Second.
Vice Chairman Plummer: Seconded by Mr. Regalado. Anyone else wishing to discuss the issue?
Commissioner Gort: What I'd like to ask...
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: What I would like to ask of the applicant is to continue to work with the Downtown
Development Authority and their personnel. Mr. Prunka is one of the board members. He's very active with
174 November 17, 1998
0
it. And I think he's your next door neighbor. I think you should be able to work with him and sit down with
him and be able to work out some of the worries that they have. Thank you.
Vice Chairman Plummer: And give him a free office.
Ms. Dougherty: That's fully our intent. Thank you very much.
Commissioner Gort: No, he doesn't need a free office.
Vice Chairman Plummer: OK. This is a...
Commissioner Teele: Mr. Chairman.
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Let me just, I followed this overly, long drawn out process by the...
Vice Chairman Plummer: I'm trying to cut it down.
Commissioner Teele: Does the motion include any of the language that the opponent was seeking? As I
understand it, it does. Lucia ... it doesn't?
Vice Chairman Plummer: No. My understanding, it does not.
Ms. Dougherty: This is what I have committed to do...
Vice Chairman Plummer: Excuse me?
Ms. Dougherty: Sorry.
Commissioner Teele: But I would like to hear just a little bit from Lucia. Is there any middle ground...
Vice Chairman Plummer: Ms. Dougherty.
Commissioner Teele: ... at all?
Ms. Dougherty: Yes, indeed. Here's what I committed to do. I will stipulate on the record today that, prior
to filing any amendment for a Major Use Special Permit Application, we will meet with the owners of the
property. We're guarding their concerns for the pedestrian and vehicular access view corridors, loading
docks, service systems, and other uses prior to filing that application.
Mr. Echemendia: If that were a condition, Mr. Teele, we would, at least, be a lot closer as a stipulation that
isn't...
Commissioner Teele: Counsel, you know the rules of the Bar.
Mr. Echemendia: I'm sorry. I apologize.
Commissioner Teele: Don't you accept her word as a lawyer and as a member? She's a very distinguished
person.
Vice Chairman Plummer: Mr. Teele, you're a lawyer. You know why they bury lawyers 12 feet instead of
six? Because deep down they're really good people.
Commissioner Teele: I think what she's offering is in good faith and I think you're a winner here today.
Vice Chairman Plummer: I think were all a winner, including the City. Call the roll.
175 November 17, 1998
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1151
A RESOLUTION, WITH ATTACHMENTS, APPROVING WITH
CONDITIONS, A MAJOR USE SPECIAL PERMIT, PURSUANT TO
ARTICLES 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR
THE ONE MIAMI PROJECT, TO BE LOCATED AT THE
PROPERTIES GENERALLY BOUNDED BY SOUTHEAST 2nd
AVENUE ON THE WEST, BISCAYNE BOULEVARD WAY AND
THE MIAMI RIVER ON THE SOUTH, BISCAYNE BAY ON THE
EAST AND SOUTHEAST 2ND AND 3RD STREETS ON THE
NORTH, MIAMI, FLORIDA; TO BE COMPRISED OF A PHASED
PROJECT DEVELOPMENT, CONSISTING OF 300 HOTEL ROOMS,
1500 RESIDENTIAL UNITS, 400,000 SQUARE FEET OF RETAIL,
1,200,000 SQUARE FEET OF OFFICE AND 7000 PARKING SPACES
WITH ACCESSORY AMENITY SPACES AND RECREATIONAL
USES; DIRECTING TRANSMITTAL OF THE HEREIN
RESOLUTION; MAKING FINDINGS OF FACT AND STATING
CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner 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. A. Cooper, would you take Mr. Sanchez back to New York with you because
he seems to like it very, very, very much. The Commissioner of the month. All right.
Commissioner Sanchez: Mr. Cooper, just look at the difference in generations.
Vice Chairman Plummer: Yeah, right. Bet your bippy. All right Item Number 3. Get ready to make your
presentation to the City Administration.
Ms. Lourdes Slazyk (Assistant Director, Planning Department): PZ-3 is a...
Vice Chairman Plummer: Wait a minute. What I'm looking at, with the exception of Item 4, Items 10
through 19 are all City Planning Department. If I start to run short on time, we're leaving here at nine
o'clock. So, if you want any of those that you feel that they are absolutely vital, you better start getting your
priority list because we're walking out at nine. Item Number 3, 3463-3571 Main Highway. Mr. -- Lucia,
again. OK. Let me ask, is there opposition? All right, fine. So, now the Planning Department will put on
their presentation first.
176 November 17, 1998
Ms. Slazyk: I'll be very quick. The Planning Department is...
Vice Chairman Plummer: Thank you.
Ms. Slazyk: ...recommending approval with conditions, as specified in your package. This is a Major Use
Special Permit for a planned unit development.
Vice Chairman Plummer: Excuse me. For the record and television, would you've specify what those
conditions are? I hope they're brief.
Ms. Slazyk: They're fairly brief. The first ones are the standard conditions on every Major Use Special
Permit; that they give us the temporary parking construction plan, sidewalk and swale area improvements;
they allow archeological monitoring on the property, and there's some zoning conditions regarding minimum
width of driveways and clear passage for vehicles. The department also includes a landscape plan and a
mitigation plan that they must have in place prior to a Certificate of Occupancy. This is specifically
important for this property because there is a hammock preservation and restoration area within the project.
And the last one is something...
Vice Chairman Plummer: Excuse me. Mr. A. Cooper and company, if you have a private meeting-- Mr.
Longuiera, Major, I know it's not within your purview as a major to tell these people to be quiet but we have
no other officer of the law here. Mr. Sharlon, would you close the door, please? That will help us. Thank
you. Proceed, Lourdes.
Ms. Slazyk: OK. Finally, as in response to a concern from the Urban Development Review Board, that the
waterfront units were not -- the final designs were not prepared because they're going to be selling them to
individuals who may want some customization of those units. The department is going to require that they
get review and approval of those waterfront units prior to the issuance of those building permits. Otherwise,
it was recommended for approval by Planning Advisory Board and the Planning Department recommends
the same.
Vice Chairman Plummer: Let me ask a question. Was there a traffic study done?
Ms. Slazyk: Yes, it was.
Vice Chairman Plummer: And that'll be part of their presentation?
Ms. Slazyk: Yes.
Vice Chairman Plummer: Because let me tell you, Main Highway is no better than the other one I just
talked about. We're meeting, by the way, for my colleague's information, in November or the first part of
December, Commissioner Morales, myself, and the State Senator, in reference to the traffic. Absolute
horrendous problem that exist on Main Highway, especially when the two schools are emptying out at the
same time. There has got to be something done. It cannot continue because it is getting absolutely
dangerous. Miss Dougherty.
Ms. Slazyk: One more thing.
Vice Chairman Plummer: Yes.
Ms. Slazyk: There are two scrivener's errors in the draft legislation. I've already given them to the Law
Department. I'm going to give to the Clerk to make sure they're corrected. It's just -- the name of the
developer doesn't have limited and there was a date that was incorrect here. I'll give those to the Clerk as
well.
Vice Chairman Plummer: All right.
Ms. Lucia Dougherty: Good afternoon.
177 November 17, 1998
Vice Chairman Plummer: Five minutes?
Ms. Dougherty: Yes, sir. Again, for the record, Lucia Dougherty, 1221 Brickell Avenue. Here today on
behalf of the owner and the applicant, which, in this case, is Albanese-Popkin Development Company. Ed
Popkin, Leonard Albanese, and Wen Hood are with us this afternoon. This is a luxury estate home
development, which is located between Barnacle and Peacock Park in the Grove. Albenese-Popkin is
known for such development, particularly in Palm Beach County. Most notably as the housing development
in the Boca Raton Resort and Club, for which they have received numerous awards for their historic
sensitivity. I'm sure you're aware of the history of this site. Fourteen years ago the current owners asked for
a commercial development of the site. The City Commission denied that commercial development. And,
for 14 years, there has been litigation involving this site. This application is, in a sense, saying, uncle, we
give up. You're correct. We are -- we have given up all those issues. We want to develop under the current
zoning, which is single family. We are not developing, however, to the maximum zoning which is
permitted. There are 56 units which are permitted. We're developing 41. There are no required variances
for this project. It preserves and enhances the Hammock area and, in fact, this application has been
amended twice to make the Hammock area even bigger, including one time taking the tennis courts out and
taking two units away. We had initially two more units and we've reduced it down to 41. There are four
times greater setbacks than are required next to Peacock Park and also the Barnacle. There's only five feet
setback requirements and we're providing 20. The setback meets and exceeds that which is required on the
water. The guard house is 130 feet from Main Highway. The first residential unit is 400 feet from Main
Highway. Main Highway, for all intents and purposes, is going to continue to look like an estate home.
We've tried to work very diligently with our neighbors. We've met with civic organizations, including St.
Steven's, which I know the father is here and he can speak and I think he's supportive of the project. The
Barnacle, the Coconut Grove Civic Club, which we have an agreement with. The Coconut Grove/Chamber
of Commerce, which has supported the project and has submitted a resolution for your record. The Greater
Miami/Chamber of Commerce has also resolved in our favor and this is part of your record. The Beacon
Council likewise. We have met with and have an agreement with the Abitare Homeowners Association.
Tucker Gibbs will address what the issues are from his standpoint and why the covenant, which preserves
not only the Hammocks, but also the current zoning. Regardless of whether or not this project is developed,
you are assured of the current zoning and the preservation of the Hammock. A couple of questions had been
raised by some of our neighbors about the size of the Hammock that we have preserved, and one of the
issues -- the City has stated, after they have reviewed our biological studies from Mark Mc Mahon and our
landscape architecture, Grant Thombrough, their plans, and they have determined, unequivocally, that we
have preserved the most amount of Hammock that is reasonable under this development. We have letters
from William Stern of the South Florida of Florida, professor of botany, who was formerly the Chairman of
the botany department of the Smithsonian Institute, saying that this is the...
Commissioner Teele: What department?
Ms. Dougherty: The University of Florida, Department of Botany. And he was formally the head -- the
Chairman of the department of Botany for the Smithsonian Institute. We also have on file-- and I'm going
to give you copies -- of a couple of letters. One was from Dade County, which says overall, "the site
appears to be a very low biological value." In addition to that, they say, "however, the exact size of the
Hammock and the precise location of the Hammock cannot be determined by any studies that they have
done." So, the issue of whether or not the Hammock is one point five acres or three acres cannot be
determined by anything that Dade County has done because they simply haven't done the studies but we
have. And the best evidence of this record is our studies, which have determined and looked at every single
solitary tree in this Hammock. My clients believe that this plan is generous, in terms of the preservation of
the Hammock, and is not viable to remove any further units or any other amenities for this project. We also
have a letter from Rice Stallings, who is a planner with Wallace, Roberts & Todd, and he is also here to
address any issues you may have from a planning standpoint, and I'm going to put this letter in the record as
well. With that, I would like-- excuse me -- Wen Hood to present the project to you.
Vice Chairman Plummer: You're about out of time.
Ms. Dougherty: Because this may be appealed, we're going to have to ask you to give us a little bit more
leeway, Mr. Chairman.
Mr. Wenford Hood: I'm Wenford Hood, 1005 Northwest 5th Street, Boca Raton, Florida. General partner
178 November 17, 1998
with Cloisters on the Bay. We'd like to briefly describe our project to you, and Ed Popkin, general partner,
will lead off, if you don't mind.
Mr. Edward Popkin: Thank you very much. As Lucia has told you, we've been actively involved in the
resident...
Vice Chairman Plummer: Your name and mailing address, please.
Mr. Popkin: My name is Edward Popkin. My address is 2499 Glades Road, Boca Raton, Florida. I'm a
general partner with Albanese-Popkin Development Group, as well as the Cloisters on the Bay, Ltd. As
Lucia indicated to you, our companies have extensive background in developing single family homes in
residential neighborhoods, such as this. We've constructed over 500 homes in Palm Beach County over the
past number of years. We feel very comfortable on this venue. We're extremely pleased to be in the Grove
and looking at the property and we look forward to a successful development there. As Lucia indicated,
we're not asking for any variances. Our community is solely residential. We're within all single family
height limitations. Our density is 20 percent than that-- 20 percent less than that allowed by Code. This
property is properly zoned for 56 units. We initially started with 44 units and have brought it down to 41
units. One of the important things I'd like to discuss with you is, some of the contact we've had in the
community and the responses that we've had. We spent an enormous amount of time in Coconut Grove and
in Miami. We've met with the Civic Club. We've met with the Barnacle. We've met with St. Stevens.
We've met with our neighbors at Abitare. We've met with the Streets of Mayfair. We've met with
Commodore Plaza. We've had an overwhelming positive response in every particular meeting that we've
had. We feel that we've listened very carefully to the concerns of the neighborhood, the concerns of the
people in the community. We've tried very hard to be receptive to those concerns. We feel that the design
plan we have incorporates all of the concerns raised by the neighbors and, again, I would emphasize to you
that we've had an overwhelming, positive support and we've been very sensitive to those issues raised by the
community. In addition, we've undergone a major economic study, which was done by Maurice, Brown and
Arches, and that's part of your — part of the record. And if you'll note from that, from the new income in the
community, the creation of new jobs, project -based construction, salary, wages, increased tax revenues, the
estimate that they've arrived at is that the construction period impact of the City of Miami will be
approximately thirty-six million five hundred thousand dollars ($36,500,000), with an annual ongoing
impact of five million five hundred thousand dollars ($5,500,000).
Vice Chairman Plummer: Would you agree to a first source hiring?
Mr. Popkin: Excuse me?
Vice Chairman Plummer: Would you agree to a first source hiring?
Mr. Popkin: Yes, we would.
Vice Chairman Plummer: Part of the record. Next item.
Mr. Popkin: Yeah. Thank you very much. I'd like to introduce you to Wen Hood, who'll just give you a
brief description of the property and what our plans are. Thank you.
Mr. Wenford Hood: Briefly. As we became introduced to the property, the first thing that we became
aware of was the sensitivity of the Barnacle state park, the historic park to our south. There was a sensitivity
on the part of so many folks in the community that, as we've done at so many of our other projects, we spent
a significant amount of time talking with the folks at the Barnacle about being good neighbors. We planned
together a number of items that I think are important for the project and we'd like to make you briefly aware
of. We've discussed jointly designing areas of the wall and fence, where the properties meet, and we're
looking at the probability of part stucco and part iron so that it fits historically with the Barnacle in the way
they would like to see the property. We've obviously committed to maintaining the Hammock. We are
planning and agreed to provide additional trees for screening at the front areas of the property, so that we
can continue the native field of the Hammock along Main Highway at our property and at theirs. We will
have a homeowner's association, which documents will provide for perpetual maintenance of all these
improvements. Another part of our good neighborhood commitment is that we've agreed to provide a
selection of trees that we will plant on the Barnacle property, at their request and discretion and locations
179 November 17, 1998
that will be compatible with the historical nature of the Barnacle. We're going to propose to Florida Power
& Light and to Bell South that we underground our utilities across our site, and where they would enter the
Barnacle, we've had discussions with the Barnacle and we will agree to facilitate then the addition of utilities
to the Barnacle site that will be protected underground and not susceptible to wind damage and so on, as
some of the utilities are now that are tacked to the fence that is there. We're going to, and we've agreed to do
with the Barnacle, provide a fence security during construction. We will control construction noise on
Saturday, particularly, when there are a lot of events that the Barnacle has for school children and others.
And, in general, cooperate with weekly communication and discussion throughout the construction process
so that we accommodate each other's needs.
Vice Chairman Plummer: If this matter is approved here today, how long would it be before you pull a
permit to start?
Mr. Hood: We would hope to have the first permit within 60 to 90 days.
Vice Chairman Plummer: So, if you were to be here approved today, we put six month mandate of a
building permit, you would have no problem?
Mr. Hood: We will do everything in our power to do it. As a matter of fact, we've...
Vice Chairman Plummer: You didn't hear what I said. I said, a six month mandate to pull a permit, you
would have no problem with that? You said in 90 days.
Mr. Popkin: We don't have control over what the City with or will not do. We've already submitted our --
we've submitted plans for preliminary review so that we can be ready to file for a permit as soon as the City
with allow us to do so.
Vice Chairman Plummer: OK.
Mr. Popkin: We'll go forward with...
Vice Chairman Plummer: We'll get down to thenitty gritty on that, if its to be approved. Proceed.
Mr. Hood: One last point, if I may, on Barnacle historical site. We've understood-- we've had a number of
discussions with Barnacle Society. We understand that they would like to have the existing medal pavilion
thatched so that it would be more in keeping with historical nature of the site. We would like - we will plan
to meet with them in support that movement and that activity. Going briefly through the rest of the
presentation. Construction will be under the supervision Leonard Albanese, who's our general partner. We
do that in-house so that we control the quality. Jan Jones International is our artistic coordinator. Kaye
Communications is our marketing and community relations people. I'd like to just go briefly through a
series of slides, if you will, that are compatible with the boards and the pictures that you see here, that will
show generally the classical metatry (phonetic) in architecture that we have in the project. It will show the
native theme of the landscaping that we're proposing and will continue. Will show how we're proposing to
enhance the Hammock area at the front of the property and, generally, give you a look at a amenities and the
residences that we're proposing.
Vice Chairman Plummer: All right, sir. Thank you.
Mr. Hood: Thank you.
Vice Chairman Plummer: Does that wrap up, Lucia, for you?
Ms. Dougherty: We'd like our landscape architect to talk about the preservation of the Hammock. And, if
you want to hear about the traffic, we have a traffic consultant here. It's up to you.
Vice Chairman Plummer: You want to listen to it or not?
Commissioner Sanchez: No.
180 November 17, 1998
Vice Chairman Plummer: All right, we don't. We'll now hear from the objectors.
Mr. Joel Maxwell (Assistant City Attorney): Commissioner, before you...
Vice Chairman Plummer: You will have time for rebuttal.
Ms. Dougherty: Very good.
Vice Chairman Plummer: Mr. Maxwell.
Mr. Joel Maxwell (Assistant City Attorney): Quick comment for the record. One of the items that was
passed out to you by the applicant was a letter from DERM (Department of Environmental Resources
Management), Emily Young. I would advise the Commission that they need to be careful in evaluating this
particular document because some mention is made in it to the subject site as being a possible acquisition
site. That's a very dangerous legal situation, as you know, and I would advise you all to totally disregard this
particular document, except for the technical information that it may have it in, and give no consideration to
the fact that any mention it makes of acquisition. Also, there may be other individuals that may mention the
fact that this subject site may be acquired by someone else. I would also advise you to that too, should be
totally disregarded as irrelevant and your decision should be based solely on the criteria for the...
Vice Chairman Plummer: Thank you, sir. Who wants to speak on the opposition? All right, I see two
people. I see more people. All right, I'm going to limit you to two minutes each. I'm going to ask you not to
be repetitious, if you can. Starting off with your name and mailing address. You're first.
Ms. Juanita Greene: My name is Juanita Greene. I'm Vice President of Friends of the Everglades. My
address is 700 Biltmore Way, Coral Gables, Florida.
Vice Chairman Plummer: Shame on you.
Ms. Greene: Yeah. I'm here as a ghost from the past to remind you all that about oh, 15, 16-- 19 years ago
the City of Miami relinquished a huge chunk of Bayfront Park for commercial purposes and, at the time, it
was generally believed -- it was generally believed that, in return for losing part of Bayfront Park, we would
gain some more waterfront in Coconut Grove. There are stories that substantiate that. I have some in my
hands. Some of...
Vice Chairman Plummer: You're referring to Bayside?
Ms. Greene: Yes, that's right.
Vice Chairman Plummer: OK. I was trying to figure out what you were referring to.
Ms. Greene: Oh, I'm sorry. I should have said Bayside.
Vice Chairman Plummer: OK.
Ms. Greene: But, anyway...
Commissioner Teele: Mr. Chairman, could the Clerk...
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: ...make copies of those? I'd like to review them and make them a part of the record.
Return them to the lady before she...
Vice Chairman Plummer: Mr. Clerk, if you would, get the documents when she's finished and make copies
for the Commission.
Mr. Maxwell: Commissioners.
181 November 17, 1998
Vice Chairman Plummer: Mr. Maxwell.
Mr. Maxwell: If I may, just to again reiterate what I said a moment ago. I believe what this particular
speaker is addressing is the very issue that I would suggest to you should not be a part of these proceedings.
She's -- I don't want to go into it because I don't want to put information on the record too, Commissioner,
but I don't believe that those documents should be included in these proceedings, Commissioner, and I
would so advise you.
Commissioner Teele: Well, have you reviewed the documents?
Mr. Maxwell: I know what those documents are. I have not reviewed that but if they're -- if she's talking
about...
Vice Chairman Plummer: All right. Well, wait. Whoa, whoa. Time out.
Commissioner Teele: You're going to offer an opinion...
Vice Chairman Plummer: You review the documents and if you have no problem with the documents, then
you give them to us. If you have a problem, then you don't give them to us.
Commissioner Teele: Opine on something you haven't read?
Vice Chairman Plummer: All right. Mr. Greene, I'm sorry that we --somewhere along the line you're going
to not be interrupted.
Ms. Greene: It's all right. I just wanted to say that -- there's been a lot unfairness on all sides about this
piece of property and, technically, I don't know why the plans that were laid way back then were not
pursued. But there was a general understanding among the public, in that they were going to get something
in return for giving up something, and it looks like maybe that's not going to happen. But it would be very
nice -- it would be such a refreshing thing if the lungs of Coconut Grove were expanded. Coconut Grove is
jammed in, not only by traffic, but many other ways and we could sure use some more publicly owned
waterfront in Coconut Grove. Thank you, gentlemen.
Vice Chairman Plummer: Thank you, ma'am. Next speaker at this microphone.
Commissioner Teele: Can we get an opinion from the attorney?
Vice Chairman Plummer: Well, we haven't got the documents yet.
Mr. Maxwell: Yes, I have them here. All those I reviewed so far, I think should be rejected.
Vice Chairman Plummer: All right. Yes, ma'am. Your name and mailing address, please.
Ms. Nancy Masterson: Nancy Masterson, 6425 Southwest 52nd Street, Miami. Dade County resident for
21 years. Member of the City of Miami Committee on Beautification and president of Trees for Dade and a
certified arborist. I work for American Forrest and we help cities to determine what the valve of their urban
trees and their urban vegetation is. And like — you're looking at who gains and who loses with the decisions
that you make here today. So, when you look at what you gain by passing this -- well, the owner gains, the
developer gains, but perhaps, if he sold it to a public entity, he would still gain. Who gains is the fort}one
millionaire families, who get to use that fenced -in private Hammock. And what you gain is more traffic on
Main Highway and you gain more run-off into Biscayne Bay because -- and, you see, by putting forty-one
homes, plus the swimming pool, plus the club house, plus the guard gate, plus the four -lane road that goes
into it, plus parking and the driveways, what you gain is, oh, maybe 85 percent in pervious surfaces, where,
right now, you have green space. So, you get all that run-off from cars into it. What you lose, you lose the
opportunity to restore that natural area forever. You've restored Simpson Park, that was overrun by exotics,
so all this talk about how it's degraded is -- we know that it can be restored. We didn't plow down the pine
trees after Hurricane Andrew because the pinelands are still intact. It's a plant community. You're losing
canopy. You're losing air quality. You're losing storm water cleansing. And I think you're losing the trust
of some of the citizens that thought that, in 1985, that by developing Bayside, you would make this public
182 November 17, 1998
property, and you might be losing respect of future generations because you'll be paving the last piece of
waterfront paradise in the City of Miami.
Vice Chairman Plummer: Thank you, ma'am.
Ms. Masterson: Thank you.
Vice Chairman Plummer: Yes, ma'am.
Ms. Theodora Long: My name is Theodora Long. I'm president of the Grove Park Homeowners
Association. And back in 1984, I came before you when this issue came up and the developers had a
different plan. They wanted to put a Coco Walk type facility at this property, and my children were in
school at St. Stevens, and a group of us came before you, along with Majorie Stoneman Douglas. And, as I
recall -- and I haven't gone through all my closets to find the resolution -- but there is a resolution that you,
the Commission -- and I know Mayor Carollo was on the Commission then and you, Mr. Plummer, on the
Commission then. And it's a resolution number 84-1448, and that's where the City of Miami approved for
the state to buy this property and turn it into public land, and that was an approved resolution. And, in all
my years of coming and going, I have not seen that there has been an amendment to this resolution. And
tonight you're going to make a resolution to either go with this facility, so I'd like to ask what happened to
Resolution 1448 from 1984?
Vice Chairman Plummer: Well, I was here but the old hard disk ain't what it used to be.
Ms. Long: Well, as a citizen...
Vice Chairman Plummer: What the hell are you laughing about? You've got the same problem. At least
I've got hair.
Ms. Long: I mean, it's time that the time citizens have made the City accountable. If you promised to make
this park land for us and we haven't heard from you since 1984, we still think that you're going to promise it
as park land.
Vice Chairman Plummer: Ma'am, I can't answer your question.
Commissioner Teele: Mr. Chairman?
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: I don't think you should have to. I think the staff should -- does the staff have an
institutional recollection or history of this?
Mr. Maxwell: Not by number.
Vice Chairman Plummer: They weren't here in'84.
Commissioner Teele: Well, but, J.L., I mean, this is not a light matter. I mean, has anybody...
Ms. Long: Well, what I want to bring...
Commissioner Teele: Excuse me. Has anybody gone to the Clerk? I'll ask the Clerk, could you all see if
we can find resolution 84-...
Ms. Long: One four four eight.
Commissioner Teele: ...1448?
Mr. Walter Foeman (City Clerk): Yes, its on micro film. Ifs'84. We-- our micro film is currently broken,
our machine.
183 November 17, 1998
Commissioner Teele: Our machine is broken?
Mr. Foeman: Yes.
Vice Chairman Plummer: It was broke by the developers. go ahead, ma'am. Finish up, please.
Ms. Long: Well, let me just fmish up. That, until you go back in your records and see what you did promise
in 1884, I'd like for you to this...
Commissioner Teele: Eighteen eight} -four?
Ms. Long: And you...
Commissioner Teele: Nineteen eight -four.
Ms. Long: Nineteen eighty-four, right.
Vice Chairman Plummer: Yes, I was here in 1884.
Commissioner Teele: I could assure you, I wasn't here.
Ms. Long: Because, again, when the Commission makes a promise, I know from my homeowner's group,
you know, and we come back, why do we always have to come back and fight for what we -- what you've
already promised us? It should be something that, you know, once you said it's a deal, it's a deal.
Vice Chairman Plummer: OK.
Ms. Long: So, that's what I wanted to bring to your attention.
Vice Chairman Plummer: Thank you, ma'am. The gentleman.
Mr. Jonathan Ullman: Thank you. Hi. My name is Jonathan Ullman and I'm the National Sierra Club
representative for South Florida. Now...
Vice Chairman Plummer: Do you have a mailing address, sir?
Mr. Ullman: Yes, 2937 Southwest 27th Avenue in Coconut Grove.
Vice Chairman Plummer: Thank you, sir.
Mr. Ullman: My -- I'm representing an organization which is the largest grassroots conservation
organization in the country. We have a half a million members. And when I bring people into Miami, the
first thing they say is, you have such a beautiful bay front. Where are the public parks? I mean, the parks
with grass, not the other parks. And I say to them, well, you know, we did have a lot of public land here for
parks but it's gone. That over there, that's the arena, where the public park land is. That over there, that is
Bayside, where the public park is supposed to be. They say, well, you know, don't you have any kind of
mitigation program? And I said, yes, we did have a mitigation program. That was in 1985 for theBayside,
the Rouse Company project. And that money was supposed to be used for the purchase of Bayfront park.
Well, this is the last piece ofbayfront available for a park and I feel like the people of the City of Miami are
like the Indians. We gave up our land and we got beads in exchange. Except, all we're getting in the City of
Miami is false promises. Show me the park land. When are we going to get the mitigation parks?
Vice Chairman Plummer: All right, sir. Thank you.
Mr. Ullman: I'm sorry. It's 15 years later.
Vice Chairman Plummer: OK. Thank you, sir.
Mr. Ullman: I'd like to submit this for the record.
184 November 17, 1998
Vice Chairman Plummer: Please -- well, she'll give it to the Clerk. Sir?
Mr. Michael Ray: Hello.
Vice Chairman Plummer: Proceed.
Mr. Ray: My name is Michael Ray, 124 South Miami Avenue. I'm the president elect of the American
Immigration Lawyers Association, Local Chapter, and I've been a member of the Friends of the Everglades
since it was founded.
Vice Chairman Plummer: Couldn't imagine immigration on waterfront property.
Mr. Ray: Some lawyers like the trees too.
Vice Chairman Plummer: All right, go ahead.
Mr. Ray: I grew up in and around the Grove. I went to St. Hughs. I was an altar boy there. This land, it's
gray and I'm sure it's completely legal and it's a wonderful project, if you can afford a million dollar
($1,000,000) house and up but what about the public? This is a jewel. This is one of the few pieces of open
land left that should be preserved for the future for the public. I would ask this body to, at least, defer and
look into having this land acquired by the state or the county or someone else because once this is
developed, it's gone forever from the public. And can you imagine the benefit of making this park land for
the future, so when the people come to the Grove, they have open space that they could all enjoy? Everyone
in the City of Miami and not just the people who are able to live in the 41 units. As Commissioner Plummer
said, we have, quote, streets you can't move on because of gridlock. Well, if you're all familiar with Main
Highway and the way it is now, it's just going to get a lot worse. I'm sure that the project complies with
history and presidents of other architecture and all of this but, you know, what about the history of
preserving open land for the public's use and enjoyment? Most people would be able to benefit if that were
done -- if that were the goal. You all are trustees and guardians for that kind of an ideal for the public thd
you represent. To whatever extent you can, do that and acquire this land to preserve and protect for the
public. You would be most benefiting your community and best suiting your service as public officers. And
I urge you to do that, without allowing this to be developed and setting a precedent and increasing the value,
where, if the City does acquire it, they're going to have the pay a lot more money. Thank you.
Vice Chairman Plummer: Thank you, sir. The next speaker.
Mr. Greg Bush: My name is Greg Bush. I'm director of the Institute for Public History at the University of
Miami and I'm a vice president of the Urban Environment League.
Vice Chairman Plummer: And a mailing address of?
Mr. Bush: I'm sorry?
Vice Chairman Plummer: A mailing address of?
Mr. Bush: History Department, University of Miami. Will that work?
Vice Chairman Plummer: Sure.
Mr. Bush: OK. I would think so. I'm here to ask you to defer and to put further consideration into this
matter at a future date. The history of this place underscores to me that the proposed development is grossly
inappropriate. What you have here in this piece of property, from what I understand, is originally the land of
Edmond Beasley in the 19th Century. What that means is that this land was, arguably, the first homestead in
all of South Florida. That's significant. That means that this is one of the oldest pieces of property and, as
far as I'm concerned, it means that it deserves to be preserved in its natural state. It doesn't need to have a
house, like the Barnacle, to be preserved. So, I would urge you to follow the dictates that you, yourselves,
as Commissioners, in the earlier stage, had designed to keep this as public land, to make it into public land,
instead of reverting to a place for a few millionaires. I think it's grossly inappropriate to go through with this
185 November 17, 1998
development. Thank you.
Vice Chairman Plummer: Thank you, sir. Yes, ma'am.
Ms. Donna Sweeny: My name is Donna Sweeny. I live at 2000 South Bayshore Drive. I'm on the
executive committee of the Coconut Grove Chambers of Commerce. We have met with these developers
and, in fact, several of the people on our committee said that they had never seen any developers anywhere
bend over backwards in such an effort to please a lot of diverse groups. We passed a resolution,
unanimously, supporting this project after studying it for quite some time, so we think it's a real benefit to
our community and it certainly is of obviously great economic benefit, particularly to the Commodore Plaza
area. So, we're very much in favor of the project. Thank you.
Vice Chairman Plummer: Thank you. Yes, sir.
Mr. Gary Held: My name is Gary Held. I reside at 9226 Southwest 26th Avenue. I would like to offer
myself up as your institutional memory for tonight. I served, for the last 10 years, as part of the legal team
that defended the City in the litigation on this property. I would like to suggest to you that those of who are
not familiar with the property, that you take your counsel's advice and not consider acquisition or
preservation, which would involve denial of the project, because that is inappropriate under Florida Law and
that is part of what was part of the litigation over the last 10 years. Properly before your consideration is
whether sufficient amounts of the Hammock have been preserved and I previously, at this recent time,
represented an adjoining landowner, who will come before you and say that more of the Hammock should
be preserved, and I believe that that is probably the case. However, the project should be decided by you on
the merits and not on the potential for preservation of the land itself.
Vice Chairman Plummer: Thank you, sir. Yes, sir.
Mr. Manuel Alonso-Poch: Manuel Alonso-Poch, 3520 Rockerman Road, Coconut Grove, Florida. I am
here to support the project as a resident of Coconut Grove and a merchant of Commodore Plaza. I don't
know if you are familiar with what the history of this property has been over the past few years. Mostly, we
have experienced a constant traffic from homeless individuals that actually reside somewhere within the
property. It creates a negative environment, not only for the surrounding residents, but also for the
surrounding merchants in -- specially in Commodore Plaza, and I would urge you to support the project.
Thank you.
Vice Chairman Plummer: Thank you, sir. Next.
Mr. Oliver Bernstein: My name is Oliver Bernstein. I reside at 3608 Royal Palm Avenue, City of Miami.
Esteemed Commissioners, I'm a senior at Ransom Everglades School, just down the street, and a lifetime
resident of Coconut Grove. I'm here this evening to express my extreme opposition to the proposed
construction of 41 luxury townhouses on the last six point three acres of undeveloped bayfront land in
Coconut Grove. I've been here since I got out of school today and I speak on behalf of my peers, who could
not be here this evening. In my short life, I've seen the Grove mushroom from a small artsy community to a
bustling commercial conglomerate. There are certain aspects of Coconut Grove, however, that my friends
and I enjoy. I'm not talking about the theaters, restaurants or shops. I'm talking about the public spaces, like
Kennedy Park and Peacock Park. If you want to develop the six point three acres in question at all, it should
become one of these public places. That way thousands of families can enjoy Miami's natural beauty, not
just 41 select upper class ones. Thank you.
Vice Chairman Plummer: Thank you, sir. There's one more speaker. No, there's not one more speaker. All
right. Now, you know, we're going to come down to an Amen here, so I'm going to start limiting to one
minute because I didn't think there was this many speakers and were starting to get repetitious. So, say what
you have to say, don't be repetitious, and let's proceed.
Ms. Blanca Mesa: Thank you. My name is Blanca Mesa and I reside at 544 Fernwood Road, Key
Biscayne, Florida. I'm here because I'm concerned about a number of things. The principal being that, not
enough consideration has been paid to this property and the development proposal. It's gotten here on a fast
track. It has not been properly reviewed and I would ask that you defer, even the fact that it just recently
went before the Planning Advisory Board last Thursday, just a few days ago. The 30-day requirement
186 November 17, 1998
usually before it gets to the Commission, has been waived by request through the developers. Any property
in the City of Miami, this is probably the most significant and most historically environmental and culturally
significant. Ifs too important a property. It means too much to this community's history to just casually
approve any development project. And I do have, for the record, something I don't think that the attorney
will object to, which is merely the history of the Barnacle state historic site. I would like each of you to have
a copy. I don't think it's fair that if someone here wants information on what happened in '85, that they
should be denied the documents. But, basically, my argument-- I don't want to repeat. I went through the
City file and it's replete with waivers, exemptions, and not adequate review. In fact, the most important
thing was that this was never reviewed by the Historic and Environment Preservation Board. Instead, it
went to the Urban Design Review board, but they had lots of problems with this development. Lots of
questions and considerations. They were looking at the ecological value of that hammock. They were
looking at the placements of the building, the massive buildings that will be overlooking the Barnacle.
Clearly or most important, we must respect this history that we have here. And, for that reason, I'm asking
you to reconsider, to allow this to go back to the UDRB (Urban Development Review Board). They never
decided. They never approved this. It hasn't been adequately studied. Their exemptions include the fact
that this has never been reviewed by the water charter, which would have imposed restrictions with a view
of this massive project.
Vice Chairman Plummer: You have 10 seconds to wrap up.
Ms. Mesa: For the shoreline review. So, I think it's important that we do that. And I just want to respond to
something that Lucia had said earlier, which is the Hammock itself. DERM has looked at this. And the
reason this property has been determined to be of critical value, both by the State and the County, is because
of its relationship to the bay; because of its location between two public parks. We could have a continuous
swath of park land in between -- you know, in the heart of the Grove. And because -- in fact, 75 percent of
this property has a contiguous tree canopy. There's a high concentration of mature and specimen pioneer
trees or oak trees or gumbo limbo trees. These are native hammock trees.
Vice Chairman Plummer: All right.
Ms. Mesa: So, there is a value to this and it is quite much more expansive than what the developers plan. I
think you really need to reconsider.
Vice Chairman Plummer: Thank you, ma'am. Yes, ma'am. Your name and mailing address, please.
Ms. Erika King: Good evening. My name is Erika King, I live at 3121 Commodore Plaza. I have been
involved with this property for...
Commissioner Teele: Excuse me just one minute, ma'am. Please.
Ms. King: Yes.
Commissioner Teele: Mr. Chairman?
Vice Chairman Plummer: Yes, sir.
Commissioner Teele: This speaker just said that this didn't go before what committee?
Ms. Mesa: The Historic and Environmental Preservation Board. It was elected to go to the Urban Design
and Review Board, who had a lot of problems with this development. They never approved it. They never
said that it was OK.
Commissioner Teele: Who never?
Ms. Mesa: The UDRB.
Commissioner Teele: But did it go before the Historic Board?
Ms. Mesa: No, sir, it did not. And they're the people who are really looking at the ecological value of the
187 November 17, 1998
property.
Commissioner Teele: And instead of going to the historic board, it went to the what board?
Ms. Mesa: The Urban Design Review Board, as an alternative. But they never reviewed it. They said, we
want this to come back so we can look at it again. We have a lot of problems with it. Instead...
Commissioner Teele: Excuse me.
Ms. Mesa: Sure.
Commissioner Teele: Is that a correct statement, Madam Manager?
Ms. Dena Bianchino (Assistant City Manager): I'd like Lourdes Slazyk to respond to...
Ms. Slazyk: What the City code says is that...
Commissioner Teele: No, no, no, no.
Vice Chairman Plummer: Excuse me. Answer the question, yes or no.
Ms. Slazyk The UDRB was acting as the HEP (Historic and Environmental Preservation) board. The Code
says that, when a project has to go before both boards, that the UDRB is considered sufficient. The UDRB
is comprised of architects and landscape architects that are fully qualified.
Vice Chairman Plummer: Lourdes, answer the question.
Ms. Slazyk: It did not go to the HEP board.
Vice Chairman Plummer: Is she right or is she wrong?
Ms. Slazyk: She's right that it didn't go to the HEP board but it wasn't required to.
Vice Chairman Plummer: OK, thank you. Does that answer your question?
Commissioner Teele: But did the Board say they wanted more time to review it?
Ms. Slazyk: The Board had four months to act on this. They required...
Commissioner Teele: Look, look, please, could you answer my question? Did the Board
Ms. Slazyk: The Board wanted it to come back.
Commissioner Teele: The Board did want it to come back?
Ms. Slazyk: Yes.
Vice Chairman Plummer: Thank you. Erika. No, no. Erika King, please.
Ms. Dougherty: That is absolutely -- sorry.
Ms. Erika King: My name is Erika King. I live at 3121, Commodore Plaza. I've been involved with this
project, in support of development, for the last 15 years. These people who want the public park here have
had 15 years to do -- to come forward and they haven't done it. We need positive, beneficial development in
our neighborhood of the Grove. We have plenty of parks. We all know that derelicts and drug users are
inhabiting our parks. We're tired of it. What we need is positive growth. Commodore Plaza has suffered
because of the developments on the other side of town, and we love this architectural plan that these
developers have studied very hard and worked with the community to bring to us. I urge you to see the
merits of this project and bring us this positive development. Thank you.
188 November 17, 1998
Vice Chairman Plummer: OK. I, once again, want to warn all of you. We're getting very repetitious. You
have something new to add, please do it or I'm going to start cutting down to one minute presentations.
Barbara Lange, you're next.
Ms. Barbara Lange: Barbara Lange, 3495 Main Highway. I'd like to add that the Urban Development
Board -- the last thing they said before they lost the quorum was, they all had a problem with the tennis
court. Now, I'm here because I believe that the comp. plan, the preservation ordinance, the environmental
preservation ordinance, tends to preserve and protect environmental areas, trees. And the standards of
preservation trees and wet -- and natural Hammock simply are not met with this site plan. Destruction for a
tennis court is just not -- it should be avoided, under the environmental protection ordinance. I handed out
my -- I hired a scientist to look at the property because I believed that there was more hardwood Hammock
there than the developer and the owner had at -- that had said there was. Now, you have his report. He's a
respected scientist. George Dowripple. The reports, I handed it out in front of you. And there's another
question here, and I'm going to make this short. This is R 1 zoning with an SD-18 overlay and that means
that you get ten thousand square foot lots with one house on it. Now, with the size of this lot-- with the size
of this property, there should be 27 single family homes on it, and my belief is that thePUD (planned unit
development) ordinance should follow this and cluster 27 units, town houses, not the 41 that they have. The
question is, what are you using, R 1? They're using R-1 but there's an SD-18 overlay that says that you can
only have 27 units on this property and that's it. Thank you.
Vice Chairman Plummer: Thank you, ma'am. Next speaker. Name, mailing address.
Ms. Sallye Jude: Sallye Jude, 200 Edgewater Drive, Coral Gables, Florida. If any of you've had an
opportunity to see today's paper, there is a fairly good review of this property. I was at the Coral committee
meeting and escorted Mr. Sharlon there to say that he was a willing seller to the state of Florida and to the
City of Miami. The interest in this property is a long standing one and an overwhelming support for its
preservation for park, and I must tell you that the Barnacle Society never went to its membership to ask their
opinions. So, a lot of these figures that you're being given are just frosting on a cake. They're not reality.
Vice Chairman Plummer: Thank you, ma'am. The next speaker.
Ms. Neil Kolner: My name is Neil Kolner. I practice law at 124 South Miami Avenue, Miami.
Vice Chairman Plummer: Are you here pro bono or representing yourself?
Mr. Kolner: I'm on behalf of myself.
Vice Chairman Plummer: OK. Then, we don't get your six hundred dollars ($600).
Mr. Kolner: In any event, the -- I have a question for the City Attorney. If it's true what was said earlier,
that the City Commission passed an ordinance in 1984, 84-1448, even though they can't find it because the
micro film machine is broken, if the Commission did, in fact, pass the ordinance, would it be appropriate for
the City to do -- to approve this plan if the City has already gone on record saying they would purchase the
property?
Mr. Maxwell: Well, I don't know what that -- I think that's a resolution, not an ordinance, and I don't know
what it says, so I really can't comment on it, whether or not it's appropriate for Commission to consider it or
not.
Mr. Kolner: Well, I would suggest that the City should not approve this project because I believe, what the
other speakers have said, the City made a deal with the public that they would buy the land and they would
turn it into a park.
Mr. Maxwell: To the extent that you are implying that the resolution in question dealt with that....
Vice Chairman Plummer: Excuse me. You're both are being repetitious. Now, let's move on. If you have
something new to offer, we'd like to hear it.
Mr. Kolner: I just wanted to state my opinion, that I think the City Commission should not approve this.
189 November 17, 1998
Vice Chairman Plummer: That's it for your...
Mr. Kolner: This approval -- this package.
Vice Chairman Plummer: Thank you, sir.
Mr. Kolner: Thank you, sir.
Ms. Terena Coulliette: Terena Coulliette at 3485 Main Highway, park manager of the Barnacle State
Historic site, and I've spoken with people in Tallahassee and my bosses, as such, and basically said that want
me to come forward and put on record the state is still interested, desires, is willing and able to buy the
property if they could just get permission to appraise it with a state appraiser. Other than that, I want to say,
I want to thank everyone who's interested, all the environmental groups, community Barnacle site, everyone
for supporting the Barnacle and our intention of preserving and protecting this very special unique part of
Coconut Grove. Thank you.
Vice Chairman Plummer: Thank you, sir.
Commissioner Teele: Mr. Chairman?
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: Just one minute.
Vice Chairman Plummer: Sir, come back.
Commissioner Teele: Take 15 seconds and tell us why this is so important in the State Historic Site.
Mr. Kolner: Well...
Commissioner Teele: Why should my son come see it? I mean, what's...
Mr. Kolner: It's a step back in time. We live in a fast paced world full of change, and sometimes we lose
touch with what it's like to live back in the old days when we didn't have air conditioning and VCRs and TV
entertainment, when family values were at the highest, when people did things together on the porch of their
house. When you worked from basically to day break to sunset, and the quality of life and peace and quiet
and serenity. In this City, in this times, we need reminders that there was another time, another way, and the
Barnacle is that moment in time. You walk through our gates. You step back in time and you discover there
was a better time or at least a different time. And we want to make sure that the children of today and
tomorrow don't forget that. (Applause).
Vice Chairman Plummer: This is not the amateur hour. Thank you, sir. Frank.
Mr. Frank Balzebre: Frank Balzebre, 3925 Park Drive, President of the Civic Club. We've been negotiating
with this Cloisters on the Bay Project since May. We actually started at my house and been continuing ever
since. Was only this morning that we signed an agreement. And I'd like to read that very quickly into the
record, Vice Chair Plummer. Pursuant to the declaration entered into on December...
Mr. Maxwell: It's not relevant, Commissioner.
Vice Chairman Plummer: The City Attorney has ruled it's not relevant, sir. You can submit it for the
record.
Mr. Balzebre: It's a letter of support, actually.
Vice Chairman Plummer: Can he read it?
Mr. Balzebre: Letter of support.
190 November 17, 1998
Vice Chairman Plummer: It's not relevant but can he read it?
Mr. Maxwell: As a letter of support, yes.
Vice Chairman Plummer: That's fine. Proceed, Frank.
Mr. Balzebre: Thank you. "Pursuant to the declaration entered into today, November 17, 1998, between
Howard R. Scharlin and Albanese Popkins Development Group, Inc., and Coconut Grove Civic Club, Inc.,
and the Abitare Condominium Association, the Coconut Grove Civic Club hereby states its support for the
Mayor Use Special Permit scheduled today for the hearing of the Miami City Commission, for the property
located at 3463, 3571 Main Highway, subject to the terms and conditions set forth in that declaration."
Thank you.
Vice Chairman Plummer: That has -- I would assume that is between the two of them. It has nothing to do
with the City and...
Mr. Balzebre: Yes.
Vice Chairman Plummer: And that is something aside from anything that takes place here today.
Mr. Maxwell: And that's why I initially said irrelevant.
Vice Chairman Plummer: All right. Just-- I'm trying to make the record clear. Tucker.
Mr. Tucker Gibbs: Good evening. My name is Tucker Gibbs. My offices are 2665 South Bay Shore Drive,
and I represent the Coconut Grove Civic Club. And without being redundant, I wanted to bring up some
issues and remind the Commission of the Civic Club's position. The Civic Club was, I hate to say, present at
the creation of all of this back in 1985, which this proposal -- original proposal for this site, which was the
subject of a lot of litigation, was presented. And our position in the Coconut Grove Civic Club has not
changed since that proposal was made. We want to make sure that that property is developed as it has-- as
it is and has been zoned, which is single family zoning. The other issue that has remained constant with the
Coconut Grove Civic Club is the Hammock. It has been our desire, from day one, that this hammock be
preserved. The key issue of us is the future use of the property and the future uses impact on the
surrounding properties. Maintaining the single family form of zoning on that property is critical to the
preservation of the historic character of the Barnacle. It guarantees that its not going to be encroached upon
as a high-rise would do, as a commercial development would do. Having that I, 1 zoning guaranteed under
a covenant would do that. Maintaining the Hammock area is equally important in preserving that aspect of
the area's history and that's really important because the definition of a hammock is at the crux of this issue.
I think, if you talk to the people here, most would have supported this project if there a three acre hammock.
The fact is, there used to be a three acre hammock on that site. It used to be a much bigger hammock. That
hammock is dying. If you go on that site today, you will see -- yes, you will see a great deal of green. How
much of that green is hammock? How much of that is the remnants of the original hammock? Not much.
A lot of it is fruit tree and invasive species and anybody-- any good botanist will tell you that.
Commissioner Sanchez: Mr. Tucker, I'm sorry to interrupt you. Why is that? Why is the hammocks dying?
Mr. Gibbs: To be blunt with you.
Commissioner Sanchez: Yes.
Mr. Gibbs: The hammock is dying because the current owners of the property, who have owned it for the
past 15 years, have done absolutely nothing to maintain that hammock. And that's really important to
understand. Because with the new developers coming in under this MUSP (Major Use Special Permit), they
have presented a preservation plan for the hammock, and they're moving trees, they're moving native trees
and other parts of that property into that hammock to preserve it. They are guaranteeing to the community -
in a private covenant -- but they are guaranteeing to the Coconut Grove Civic Club the Abitare
Homeowner's Association, they are guaranteeing to us that this is going to remain a native hardwood
hammock if this MUSP is approved. If this MUSP isn't approved, it's going to be maintained in its natural
191 November 17, 1998
state. Our concern is, if this MUSP is not approved, that this hammock will die. It will die from neglect and
the concern then is, whoever the owner is, can come in and say, hey, I want to put Downtown Coconut
Grove in here. I want to put Cocowalk in here. And I don't think that's in the best interest of this
community, and the Commission didn't think it was in the best interest of this community over 10 years ago,
when they refused to rezone it for that purpose. So...
Vice Chairman Plummer: All right.
Mr. Gibbs: ... in conclusion, because of the guarantee that the Civic Club and Abitare have received from the
owner in the form of a restrictive covenant running with the land, we urge you to support the MUSP. I also
would like to read a letter into the record from the president ofAbitare. It's very short.
Vice Chairman Plummer: Just surrender it.
Mr. Gibbs: I'll surrender it. But include it in the record.
Vice Chairman Plummer: Thank you, sir.
Mr. Gibbs: Thank you.
Commissioner Sanchez: Mr. Vice Chair?
Vice Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: I am one that does not -- don't want to lose the natural hardwood Hammock in our
area. I'm very proud of the Simpson's Park and also the Alice Wainwright Park, but our City is basically
rebuilding itself on plans of recovery, and we have to basically turn to some means of recurring revenues.
and the only way that this City can come up with the recurring revenues is, basically, we have to build up
because we can't build out anymore. But I am so glad that I -- that through the negotiations, I see that an
area has been preserved and restored and it will be maintained, where a lot of these native trees will continue
to grow and that will be a spot that I do believe that it will never be rezoned. So, you know, through the long
process, something has been saved but, then, you know, the City, basically, needs development to get out of
the jam we're in and it's a tough situation.
Vice Chairman Plummer: Thank you, sir. Yes, sir. Your name and mailing address, please.
Mr. Charles Alden: My name is Charles Alden, 7905 Southwest 162 Street, Miami. I've been a resident of
Dade County and have appeared before this Commission on several occasions over the last 20 years. I have
a Bachelor's of Science in Forestry. I'm a member o the American Institute of Certified Planners; a member
of the American Society of Landscape Architects; I sit on the Board of Directors of the Local Chapter of the
American Planning Association, the Urban Environment League, and the Florida Native Plants Society. I
attended last week's Planning Advisory Board meeting and was rather startled to hear one of the board
members say that she was unable to distinguish between a healthy tropical hardwood hammock and a
degraded tropical hardwood hammock. She then proceeded to vote in support of this proposal. I think that's
a bit like being unable to distinguish between a Florida Cracker House and a crack house, and I think it
displays a rather appalling level of-- absence of information, if you will.
Vice Chairman Plummer: Are you finished, sir?
Mr. Alden: No, I'm not finished.
Vice Chairman Plummer: Almost?
Mr. Alden: I will be shortly. I spoke with one of the members of the planning-- the development team last
week after the meeting and learned that it is the intent of the development team to use native plant species
around the hammock area, within the hammock, to restore that one acre hammock. But, as it was said, it
does not matter what kind of plans we use around the buildings. That is to say, the intent, apparently, is to
use tropical exotic, non-native plant species in that close proximity to the hammock. I think that's a rather
appalling situation. We could have, if this project is approved, a residential project in the midst of the
192 November 17, 1998
hammock. As it is, we're going to have a few remnant trees in one location and we're going to have another
ordinary development that could occur anywhere in Kendall or North Miami. I have in my hand a copy of
the environmental preservation ordinance of the City of Miami, Section I' L36, governing development
activity. It says, that "the following standards shall be employed." And it goes on to say, that "the project
shall provide visual screening by using landscaping materials, which are compatible with a landscaping
characteristics surrounding." I would suggest, therefor, they should, in fact, be native plant species that this
project is to be developed and not...
Vice Chairman Plummer: Thank you, sir.
Mr. Alden: And not exotic ornamentals.
Vice Chairman Plummer: Thank you, sir.
Commissioner Sanchez: Mr. Vice Chair, I just have one question.
Vice Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Would the developers object to using native plants for the surrounding-- the ones
that will be removed, would they oppose decorating the outside of the development?
Vice Chairman Plummer: Ask them during the time of rebuttal, please.
Mr. Alden: And, if I may, I'd like to finish my comments by calling your attention to paragraphs 4, 5 and 6,
all of which pertain to the same subject. I've been asked by the officers of the Urban Environment League to
announce tonight that the Urban Environmental League of Greater Miami reserves the right to legally appeal
a ruling that might be made tonight to approve this project.
Vice Chairman Plummer: You always have that right, sir.
Mr. Alden: So, the Urban Environment League is on record tonight as reserving that right.
Vice Chairman Plummer: You always have that right, sir.
Mr. Alden: Thank you very much.
Vice Chairman Plummer: Thank you, sir. The last speaker.
Mr. Michael Uribe: My name is Mike Uribe. I'm against the development of this park, for this development
project. My mailing address is PO Box 111351, Miami, Florida 33111. I'm the founder Sly Gate Campaign
Against Stallone Gate. As you know, we've been dealing with a lot of issues regarding the restriction of
public access to that certain area, and I have dedicated my efforts to make sure that those public access
rights are, in some way, preserved. We've been dealing with a lot of problems with respect to a lot public
access issues here, especially with parks, and to have this one more piece of public property turned into a
public...
Vice Chairman Plummer: Excuse me, sir. That is not public property. It is private property.
Mr. Uribe: OK. Thank you. Anyway, so I will be against that. And I think we should look towards the
principles on what public property and park property has been used for in the past so that we can...
Vice Chairman Plummer: Let's get the record clear. This one's going to court.
Mr. Uribe: So that we can preserve the public's access to these open areas. Any type of an attempt to seek
to preserve and to maintain the trees at a certain numerical level, would be just a numbers game. We
basically have been yielding. The Commission has yielded to a lot of special interest groups seeking to curb
parks, in general, and public property in general, towards the interest of elite, special interest groups. I now
plead to everyone out here, who's against this project...
193 November 17, 1998
Vice Chairman Plummer: Sir, speak to the Commission.
Mr. Uribe: OK. Everyone out here, who is against this project, OK, to grab hold of your resources and fight
this because you can't look towards Commission to listen and understand what you're fighting for. You've
got to use your own external mechanisms, like the opposition is doing, OK. They've resorted to the laws.
They're putting pressure on the Commission to do this. Now, I — we -- you have to unite and group together
and move forward with this. Just appealing it and preparing and speaking before this Commission is not
enough. I seek you to work with your resources and move forward with this and not just end your efforts
here.
Vice Chairman Plummer: Thank you, sir. Mr. Sanchez.
Commissioner Sanchez: Under legal advice, I would like to put on the record that I had a conversation with
Tucker Gibbs and, basically, what I asked was, what was his opinion on the matter.
Mr. Maxwell: Commissioner, could you please just indicate for the record what information you might have
gleaned from that conversation?
Vice Chairman Plummer: Basically, I asked him what was his view of the project, which he stated that he
supported.
Mr. Maxwell: Was there any information imparted during that conversation that was not a part of these
proceedings? Did you hear anything new?
Commissioner Sanchez: No, nothing new.
Mr. Maxwell: Everything that...
Commissioner Sanchez: Everything has been discussed.
Mr. Maxwell: And your decision today would be based solely on the record as presented?
Commissioner Sanchez: Absolutely. I've taken everyone's opinion and I'm ready to vote.
Mr. Maxwell: Thank you.
Vice Chairman Plummer: Tucker, don't ever call me.
Commissioner Sanchez: Don't ever call me again.
Vice Chairman Plummer: Lucia. Sir?
Mr. Edwin Moure: Commissioners, Edwin Moure with the Biscayne Bay Foundation, 2964 Aviation
Avenue..
Vice Chairman Plummer: All right. Without question, you are the last speaker, sir.
Mr. Moure: Yes, sir. 2964 Aviation Avenue, in the City of Miami. You know, a few weeks ago, there
were a series of television shows, Greatest Magic Secrets Revealed. And, basically, what was at the root of
all of it was when magicians do tricks, they create diversions, and this evening, there's a very fine diversion
been created here by Albanese/Popkins. What I'd like you to do is consider that this is about a different
game and that you are the pawns in the game. The owners of this property have been in a year -long
negotiation with the state of Florida and Dade County to sell this property. Dade County and the state of
Florida have offered to pay fifty to a hundred thousand dollars to have appraisers go to the property and
appraise the value. The property owners have blocked that appraisal from being done. Why? The answer
is, because they wanted to come here and take one last shot at getting increased density in their development,
so that when the appraisal was done, the appraisal would come in millions higher than it is, forcing the state
of Florida and Dade County to pay a higher price for the piece of property. Do not be diverted.
194 November 17, 1998
Vice Chairman Plummer: Sir, we cannot take that into consideration by virtue of the City Attorney's ruling
Mr. Moure: I understand.
Vice Chairman Plummer: This is a private piece of property. What the private interest wishes to do with
this their property, they can or cannot, but it is not a matter of subject this evening in this application.
Mr. Moure: Commissioner...
Vice Chairman Plummer: Did I say that right, sir?
Mr. Maxwell: Yes.
Vice Chairman Plummer: Good. I'm going to get a legal fee.
Mr. Moure: Given the propensity of the owners of the property to sue at a drop of a hat, I understand that,
sir.
Vice Chairman Plummer: Sir, anybody in this town with sevent},two dollars ($72) can file a lawsuit.
Thank you. Miss Dougherty, can you wrap up in less than five minutes? Less than three?
Mr. Dougherty: Yes, sir. I just want to clarify for the record. The UDRB (Urban Development Review
Board) had six hearings in this matter that I had to go to, three of which we had full presentations. The last
one we lost a quorum. The other three didn't have a quorum that showed up at first. We were there since
last May. We revised the plan two times during these three hearings that we had, and my recollection is,
they were going to approve this thing subject to conditions, but they lost the quorum before they did. The
law in the City of Miami is, if you don't have a decision within 60 days, it's automatically approved. We
didn't take advantage of that law for 120 days. We were pending since last May, so I don't think that this
was anything that was rushed through in that process. I'd like Grant Thombrough to come forward and talk
about the preservation of those trees.
Mr. Grant Thombrough: I'm Grant Thornbrough. I'm the landscape architect for the project.
Vice Chairman Plummer: Do you have a mailing address, sir?
Mr. Thombrough: I do. It's 132 North Slinton Avenue, Delray Beach, Florida.
Vice Chairman Plummer: I welcome you to come back to Miami and live in a good place.
Commissioner Teele: You're the -- which architect?
Mr. Thombrough: I'm the landscape architect and environmental consultant.
Vice Chairman Plummer: We've got one of each.
Mr. Thombrough: The site is 6.3. I just want to give you a few pertinent facts. I know we don't want to go
through too much information tonight. The site is 6.3 acres. We have spent over 500 hours on this site, and
analyzing the tree surveys, the soil information, and analyzing the understore. We've a biologists -- two
biologists on this site. There is approximately a .9 acre hammock on site. We are saving the entire
hammock. There are 639 trees on this site. Two hundred and sixty-four of which are noxious invasive
trees. Seventy-two are landscape species, which were planted on the site. There are only 303 native trees
existing on this site. We are saving 281 of these trees on site. In my way of thinking, we were more than
maintaining the environmental quality of this site, but we're improving the environmental quality of this site
by removing all the noxious species and going into a management program which will raintroduce the
species which are missing from the hammock and going into perpetual maintenance of this hammock.
Vice Chairman Plummer: Thank you, sir.
Commissioner Teele: Mr. Chairman?
195 November 17, 1998
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: I think Commissioner Sanchez offered to ask a question, if you're the landscape
architect. I think his question was whether or not you all would agree to only use native species and not use
any exotics and that in your beautification and landscaping program.
Mr. Thornbrough: We are intending to...
Commissioner Teele: You may want to talk to MissDougherty or the client or somebody before you...
Mr. Thornbrough: We're intending to -- for all the canopy trees on the site, we're using all native species.
We're not using all native species for some of the plantings in and around the-- what you call patio areas of
the homes, but we are using all native species in the hammock areas and in the streetscape and the entryway
and in the -- but we are not completely using native in some of the planting.
Commissioner Teele: Give me an example of a nonnative planting or tree that you would be using.
Mr. Thornbrough: A non-native tree would be the...
Commissioner Teele: That you would be using on this project.
Mr. Thornbrough: Say a Yellow Tabebuia tree.
Vice Chairman Plummer: A yellow what?
Mr. Thornbrough: Yellow Tabebuia tree.
Commissioner Teele: You mean there's nothing native that grew here from the beginning that's equivalent
to a Yellow Tabebuia tree.
Mr. Thornbrough: Not that I'm aware of, no.
Vice Chairman Plummer: I'm a native species myself but...
Mr. Thornbrough: Sixty-seven...
Vice Chairman Plummer: All right.
Mr. Thornbrough: Sixty-seven percent of the plants are non native on the site.
Vice Chairman Plummer: Sixt}Fseven are non native?
Commissioner Teele: Currently.
Vice Chairman Plummer: Oh, currently. And what will they be after the project is finished?
Commissioner Teele: What percent?
Commissioner Sanchez: What percentage will be native?
Ms. Slazyk: After the...
Vice Chairman Plummer: After it's completed.
Mr. Thornbrough: We would -- I think a hundred percent is unreal. Ninety percent.
Vice Chairman Plummer: Will be native?
196 November 17, 1998
Mr. Thornbrough: Sure.
Vice Chairman Plummer: OK. Thank you, sir.
Commissioner Sanchez: I'm holding you up to that.
Vice Chairman Plummer: All right. Sir, you've had your time.
Mr. Alden: As a matter of -- point of fact, if I may?
Vice Chairman Plummer: Sir, you have had your time.
Commissioner Teele: Commissioner...
Vice Chairman Plummer: Now, I gave...
Commissioner Teele: But, Commissioner, I would really like ... he's a very distinguished gentleman. Could
we just...
Vice Chairman Plummer: I understand, but we've got to bring this thing to a close.
Commissioner Teele: OK, just 30 seconds.
Mr. Alden: Point of information, if I may. As I mentioned at the Planning Advisory Board meeting, there
are lots of plants that we all perceive to be native because we commonly see them in the course of our day
but they, in fact, are exotic, non native plant species, so I'd like to make that keen distinction. And, if we
have a commitment from the development organization to use 90 percent, I think was the number, of truly
native and indigenous plants, I think that's a wonderful move.
Vice Chairman Plummer: They can very easily be held to that, sir. OK.
Mr. Alden: And I'm not referring only to the trees but also to the ground covers and things of that sort.
Thank you very much.
Vice Chairman Plummer: Ms. Dougherty, you have 34 seconds.
Commissioner Teele: Mr. Chairman, again, I really think, this thing could wind up in a court. I think it's
important to give her sufficient latitude to make her best case.
Vice Chairman Plummer: Mr. Teele, if you won't scream at me at 9:00, sir...
Commissioner Teele: No, sir.
Vice Chairman Plummer: ... I'll honor what you request.
Commissioner Teele: No, sir.
Vice Chairman Plummer: Ms. Dougherty.
Ms. Dougherty: Just to wrap up, Mr. Chairman, and members of the Board. This is a private piece of
property. We're developing in accordance with the current zoning laws. The City of Miami has always told
us that don't try to get commercial zoning developed in accordance with the single family residential zoning,
which is precisely what we're doing. We're not asking for any variances. The State, the City, anybody who
wanted to acquire this property, including all of our great neighbors, could have done so in the last 14 years
and nobody has done it. So, at this point, we are not trying to use subterfuge to try to get a higher price.
These clients have a contract to buy it. My clients had a contract to purchase this property and they want to
develop in accordance with the current zoning laws. Thank you very much.
Vice Chairman Plummer: Thank you. I'll close the public hearing. Lourdes, you have further discussion?
197 November 17, 1998
Ms. Slazyk: Yes. I need to make one major clarification for the record.
Vice Chairman Plummer: All right.
Ms. Slazyk: It was said by one of the opponents that this piece of property, because of the SD-18 in overlay,
only allowed 27 units...
Vice Chairman Plummer: I heard that.
Ms. Slazyk: That is incorrect. The SD-18 overlay limits the subdivision of a property. The number of units
per acre lot on a piece of property is governed by the comp plan. The SD-18 overlay specifically says that
the uses are those permitted per R 1 and R-1 permits this planned unit development with up to nine units per
acre, so they're well under the density for this property. I also have Sarah Eaton here, who is the historic
preservation officer for the City. And even though the Urban Development Review Board did not act, they
failed to act constituting an approval. They were told that by City Attorney present at the time that their
failure would deem a recommendation of approval, but the recommendation and the criteria that Sarah used
for the recommendation of approval on this project was the criteria that was put in the ordinance in the City
code and the zoning ordinance for Chapter 17 for environmental preservation. Thank you.
Vice Chairman Plummer: Thank you.
Ms. Dougherty: I just want to add one thing. The 27 units of-- If you did subdivide this property, the 27
units would also be in the hammock.
Vice Chairman Plummer: Thank you. Members of the Commission, for discussion.
Commissioner Sanchez: Motion to call the question.
Commissioner Regalado: I will call the question.
Vice Chairman Plummer: What is the question? I didn't hear a motion.
Commissioner Regalado: A motion...
Commissioner Sanchez: The motion is to move.
Commissioner Regalado: A motion to approve...
Commissioner Teele: It's your district.
Vice Chairman Plummer: If it's my district and you want a motion, I'll be glad to make you one but you're
not going to be happy with it.
Commissioner Sanchez: Make it.
Vice Chairman Plummer: My motion is that the board...
Mr. Maxwell: Did you pass the gavel, sir?
Vice Chairman Plummer: Excuse me?
Mr. Maxwell: Did you pass the gavel?
Vice Chairman Plummer: Oh, I'm sorry. I pass the gavel. Here, you got it? Thank you. My motion is that
the board that was denied the right to give a full review should have the opportunity to do such. This has
been a project that's been ongoing for 15 years. I don't think another month or two months will make a
difference. I think this thing is like my colleague Commissioner Teele says, it's probably either way, going
to wind up in court and I don't want to be accused of not completely, as the court says, all of your
198 November 17, 1998
administrative procedures. I think it should take, how long, at the most to go before that board to be back
here before this City Commission?
Ms. Slazyk: The thing is, there's no guarantee they're going to act but we can put it on the next agenda and it
can be back here...
Vice Chairman Plummer: Well, if they can't act, then let's get rid of them.
Ms. Slazyk: January...
Vice Chairman Plummer: All right.
Commissioner Regalado: J.L., the problem is, they don't have a quorum..
Vice Chairman Plummer: All right, all right. Excuse me. I'm trying to make a motion, all right?
Ms. Slazyk: There were quorum problems as well but...
Commissioner Regalado: They don't have a quorum. That's why they can't meet.
Ms. Slazyk: We could put them on for the next meeting here in January.
Vice Chairman Plummer: All right. Then I'm saying to you that, by the January issue, all right, if it is not
back here by then, at least I have tried to exhaust my administrative ability to do such. It is not going to
make any major change in what is being proffered. I think there are things here today that have been
discussed that have merit and I think that to go back before that Board does not, in any way, indicate what
my vote would be or not going to be. But I don't want to be accused, nor I think any member of this
Commission, to be accused of not doing everything according to the book.
Commissioner Teele: I second...
Vice Chairman Plummer: And, as far as I'm concerned, my motion is to send it back to the Urban Design
Review Board, who must respond to this Commission within a maximum of 60 days. That will be my
motion. I don't know that anybody else like it.
Commissioner Teele: I second the motion.
Vice Chairman Plummer: There's a motion.
Commissioner Teele: Mr. Chairman, I would ask that the City Attorney, City Manager review the
resolutions that have been alluded to, with cooperation of the Clerk, and to file with us an appropriate
memorandum as the City Attorney and the Management deem appropriate, regarding any commitments that
we may have made. And I would have asked for a deferral because I really do think — and I know that those
who know my vote at the -- on the Lipton Tennis Court know that I've always said one thing, that
government should keep its word. And we made commitments as a Commission in 1984. We stand in the
shoes of those commitments. I don't know what they were.
Vice Chairman Plummer: Neither do I.
Commissioner Teele: But I would like to know what we're being accused of committing to because, I think,
if we made a commitment, we should live up to the commitment.
Vice Chairman Plummer: Thank you, sir. Any further discussion by any...
Mr. Maxwell: Commissioners?
Vice Chairman Plummer: Excuse me. I...
Commissioner Teele: I would also like to know from of mover, Ms. Dougherty, if this is something that
199 November 17, 1998
doesn't do violence? I mean, you know, deathly violence
Vice Chairman Plummer: You're talking about the time frame?
Commissioner Teele: The time frame.
Vice Chairman Plummer: I don't have the gavel. Mr. Gort's got the gavel. No, don't give it to Trooper Joe.
Commissioner Gort: He's got it.
Commissioner Sanchez: You're out of order, J.L.
Vice Chairman Plummer: Thank you.
Commissioner Gort: Yes.
Mr. Maxwell: While she's talking, could I please advise the Commission of something, Commissioner? I
think...
Commissioner Gort: The think we have a lot of new Commissioners in here and I think this has got a lot of
history. You want to put us up-to-date on something?
Mr. Maxwell: Well, no. The problem is that, as the motion stands right now, the motion is to refer this back
to the UDRB. And, as Ms. Dougherty pointed out to you, our Code specifically provides for the UDRB to
act within a specified period of time. It did not do so. In my opinion, it lost jurisdiction. Now, to send this
item back and not act on it at this time or continue it for other reasons, places us in a precarious legal
situation. It, in fact, opens the door to the very type legal challenges in the future that Commissioner Teele
was speaking about on another subject.
Vice Chairman Plummer: May I speak on the subject?
Mr. Maxwell: Certainly.
Vice Chairman Plummer: Under today's conditions, we have new information that was not available at the
time that it went before that Board before, predicated on new information as a reason of my motion to make
it available today.
Commissioner Teele: And I think...
Commissioner Gort: OK.
Commissioner Teele: ...that this governmental body and any appellate body has the inherent authority to
remand something back, even -- because the remand constitutes a new jurisdiction based upon the way the
court systems rule now. This is a quasi judicial proceeding and while I have no objections, nor do I quarrel
with what the City Attorney is saying, we do have the -- we are sitting as a quasi judicial body and, in that
regard, I think it would be very helpful if the City Attorney would send out a copy of the -- what's that
decision?
Mr. Maxwell: Milton Jennings versus Metropolitan Dade County.
Commissioner Teele: The Jennings. Because while the Jennings does not apply directly or a judge has not
ruled it, I think we should be governed accordingly to Jennings here, and I want you to know that several
people approached me on it, including one of the opponents that I said I'm not going to hear any discussion
on this matter except in this room, so...
Mr. Maxwell: Commissioners, we have prepared a memorandum, our office, that is, and you shall be
receiving it very shortly on this.
Commissioner Teele: OfJen --
200 November 17, 1998
Mr. Maxwell: That's correct.
Commissioner Teele: Jennings does not directly apply to the City.
Mr. Maxwell: Oh, yes, it does. The thing is, as you know, there was...
Commissioner Teele: No court has ruled that it applies?
Mr. Maxwell: Well, Jennings applies to quasi judicial proceedings in general, and zoning is a quasi judicial
proceeding. So, Jennings applies. We had -- the legislature acted a year ago and made adjustments in it, so
we've been acting pursuant to those adjustments. And we have also waited to see what the electorate would
do with Amendment 10, which you know -- as you're aware, was denied. So, as a consequence of that, we
have a memorandum prepared for the Commission to bring them up-to-date on Jennings as we see it today
in this application to the City Commission.
Commissioner Sanchez: Mr. Vice Chair?
Commissioner Gort: Yes, sir. Go head.
Commissioner Sanchez: This has been going on for 15 years. Why is it that every time that something big
or controversial comes in front of the board, we drag it on and on. I mean, just about every-- I've been here
six months and every -- most 80 percent of the big things that come in front of the Commission, we drag it
on and on. Fifteen years. I think this is the closest that ever gotten to a mutual agreement, where they've
been able to lobby to save a piece of land, where the developers have basically come out and there is almost
a mutual agreement, and we're just going to pass it on again and again and again and again and again. What
do we -- I mean, we're sitting here -- we're going to -- the Manager or whoever owns that land has the right
to sell it to anybody he wants. If the parks want it, let them offer the money that he wants. You know, we're
just ... forget it. It's frustrating. It's-- sometimes it's very frustrating.
Commissioner Gort: OK, sir. Any further discussion? Any further discussion?
Vice Chairman Plummer: Call the question.
Commissioner Gort: Any further discussion?
Commissioner Teele: Call the question.
Ms. Dougherty: Wait a minute. Commissioner Teele ask me a question, is it going to be doing violence to
us? And the answer is, yes.
Commissioner Teele: Deathly violence.
Ms. Dougherty: We have lender commit -- we have lender commitments. We have closing commitments.
We have almost our billing -- we've done almost all the architectural to get the building permits in place.
The answer is yes, this is a real problem to us.
Commissioner Gort: OK, thank you.
Ms. Dougherty: And here's the other question. There is a UDRB hearing tomorrow. You can remand it
back to tomorrow's hearing and be back here on the December 8th agenda, if you would, please.
Mr. Maxwell: We could not make notice.
Ms. Dougherty: You don't need notice. If they remand it to the UDRB, you don't need notice
Mr. Maxwell: I don't necessarily agree with you on that, Miss Dougherty.
Vice Chairman Plummer: Well, excuse me. I am not trying to be horribly, putting in the way of stumbling
201 November 17, 1998
blocks. If we can have that hearing before the Urban Design Review Board, then so be it, and bring it back
on the eighth. I said before and I'm going to say again, it was my intent to make sure that we have exhausted
our administrative procedures in all facets. I'm saying, if it is humanly possible, to bring it back on
December the 8th, that it be so, OK.
Commissioner Teele: Including in the motion a request of the UDB, or whoever they are, to have a special
meeting on this project, if possible.
Vice Chairman Plummer: Absolutely, absolutely.
Commissioner Teele: I mean, there's nothing wrong with that.
Vice Chairman Plummer: OK.
Commissioner Gort: OK. Let's call the roll.
{THEREUPON, THE HEREINABOVE MOTION, DULY MOVED BY
VICE CHAIRMAN PLUMMER AND SECONDED BY
COMMISSIONER TEELE, TO REFER ITEM PZ-3 TO THE URBAN
DEVELOPMENT REVIEW BOARD FAILED AS FOLLOWS:}
AYES: VICE CHAIRMAN J.L. PLUMMER, JR.
COMMISSIONER ARTHUR E. TEELE, JR.
NAYS: COMMISSIONER TOMAS REGALADO
COMMISSIONER JOE SANCHEZ
COMMISSIONER WIFREDO GORT
ABSENT: NONE.
Ms. Dougherty: Thank you very much.
Vice Chairman Plummer: Now, you might want to try to get a positive motion.
Mr. Maxwell: Yeah, if you don't have any motion on the floor right now.
Vice Chairman Plummer: There's no motion on the floor. Is there a motion by anyone? Is there a motion
by...
Commissioner Teele: I move that the item be deferred.
Vice Chairman Plummer: The item is...
Commissioner Teele: Wait, wait, wait. If there's another motion, I won't make that motion.
Commissioner Sanchez: There is another motion.
Commissioner Teele: OK.
Vice Chairman Plummer: There is another motion?
Commissioner Sanchez: No.
Vice Chairman Plummer: There is no other motion. Motion by Commissioner Teele the matter be deferred.
To a time certain?
Commissioner Regalado: Deferred until when? They go tomorrow?
202 November 17, 1998
Vice Chairman Plummer: I'm asking, is it a time certain, Mr. Teele?
Commissioner Teele: Look, if there are three votes that don't want to study this matter and allow the process
-- and I'm taking note of the fact that the City Attorney has ruled that the fact that theUDB did not review it
is viewed conclusively as an approval of the UDB. I take note of that.
Mr. Maxwell: Well...
Chairman Plummer: You know, all...
Commissioner Teele: But I'm simply saying, if the three of you don't want theUDB to review -- approve it,
then you have an obligation to make the reversed motion. I'm not going to make the reversed motion.
Vice Chairman Plummer: You know, let me tell you what you're really doing, in my opinion. This is the
quickest way to bring this to a conclusion. If you don't have the URDB make this hearing, you're going to
be tied up in court for so darn long, you're not going to know what hit you. Now, I'm just saying, that's my
opinion. I'm entitled to it. There is a motion on the floor by Commissioner Teele to defer.
Commissioner Teele: I'm going to withdraw the notion and see if one of the three Commissioners who
voted no wants to make another motion.
Chairman Plummer:. All right. Other than that...
Commissioner Regalado: Got a question for the City Attorney.
Vice Chairman Plummer: Excuse me. Mr. Regalado.
Commissioner Regalado: If I make a motion, I would say that they should come tomorrow before the
Board. And you said -- excuse me. You said that they need to advertise this. Well, it seems to me that I've
talked to the Chairman of the RDB and his complaint has been that he never gets a quorum. He's really --
he's always here but he never gets a quorum.
Vice Chairman Plummer: And there was a provision for that.
Commissioner Regalado: And we don't know if they're going to have a quorum maybe tomorrow but
maybe, in December, some of them are on vacation so, this will drag on and on and on. so, my question is...
Vice Chairman Plummer: No, sir, it won't. My motion said that it had to be within 60 days, be concluded
by then.
Commissioner Gort: I tell you what, I have a motion.
Vice Chairman Plummer: All right. Mr. Gort.
Commissioner Gort: Look, this has been, like they're saying, about 15 years now. For the first time I think
I've seen the Civic -- Coconut Grove Civic Association come in agreement and work with those people. I
move for approval.
Vice Chairman Plummer: There's a motion. (Applause). Please.
There is a motion to approve. Is there a second?
Commissioner Sanchez: Second.
Vice Chairman Plummer: There is a second.
Commissioner Teele: On discussion.
Vice Chairman Plummer: Under discussion. Mr. Teele.
203 November 17, 1998
Commissioner Teele: Mr. Chairman, there appear to be three people who want this and...
Chairman Plummer: "C'est la vie."
Commissioner Teele: And I respect their views. But let me just say this. If this has gone on for 15 years,
I'm not sure what three months — I'm not sure why we — if I wanted to do it -- if I wanted what the maker of
the motion wants, I'd want to do it right because, otherwise, this thing could very well be in litigation for the
next year. And what you are doing now, as I think -- you know, and Miss Dougherty is a lawyer, so I'm not
going to -- but I really don't like to see the Commission in the position of short circuiting a full review, and I
think there are some very important issues that have been raised.
Vice Chairman Plummer: OK.
Commissioner Teele: However, I want to say this on the record. I don't think that we should be rushing to
develop every piece of undeveloped land, and I think we have an obligation. I am not going to be
supporting any more development on the water's edge because I have seen from aerial photographs a line, a
line just as if God -- just as if an invisible force drew it, right around where the Black Point Marina is, down
there where the Burger King plant is, based upon development right on the river, right on Biscayne Bay.
There is a line. And what bothers me about this project, if I were to be voting in the affirmative, is that I
would certainly want to take out the tennis court and anything that could-- I would want clear buffers as it
relates to the drainage into the Biscayne Bay because that's what's killing the bay. I mean, you would be
amazed at the fact that there are just no fish in the Biscayne Bay, in the southern part of Dade County.
There's a line from that point all the way up north. There's just no fish. And the fish are being killed by the
runoff from human beings, and that's why -- it's not that -- I think this is a -- I really would like to talk to the
interior guy because I really like some of that stuff there. Like -- you know, where they could -- where I
could buy some of that stuff.
Ms. Dougherty: Mr. Commissioner, we'll accept...
Commissioner Teele: It's a quality product. There's no question this is a quality product. But I think
somebody, like that Board, or somebody needs to try to protect the record and protect the future, and I don't
think that's been done. I do not think that the public interest has been protected by a failure for the URDB to
review this and to have some serious technical input in conditions, et cetera. This is coming to us. It's being
approved now, essentially, with no conditions, based upon the motion, and I think that's a serious flaw. I put
my views on the record and you all can do what you want to do. And I support the vote of the majority of
this Commission.
Vice Chairman Plummer: All right. I think we're missing the boat completely. I really do, OK. I hope, Mr.
City Attorney, you'll prepare for me your legal standpoint that there's going to be lawsuits, you know there's
going to be lawsuits and, you know, another 15 years, make or break, doesn't make any difference. We had
the opportunity here tonight to get a commitment of 90 percent native trees. Just that alone. That's not part
of the motion. There's none of the commitments that have been made that are incorporated in the motion.
Commissioner Gort: I'll incorporate in the motion all of the commitments that have been made. Ninety
percent...
Vice Chairman Plummer: Well, you know...
Commissioner Gort: Wait a minute. Well, let's finish with the motion. I mean, we're going to be here
discussing all night long.
Vice Chairman Plummer: OK. Hey, look...
Commissioner Gort: You want 90 percent of native land-- of native trees. You want...
Ms. Dougherty: I will commit there will be no runoff into Biscayne Bay whatsoever.
Vice Chairman Plummer: OK.
204 November 17, 1998
Commissioner Gort: What else, Commissioner Teele? You requested that the -- removal of the tennis
court?
Commissioner Teele: I'm not -- I don't feel competent to make that as a recommendation but I think
somebody ought to look at that tissue.
Vice Chairman Plummer: What are you going to do about maintaining the mangrove-- the Hammock?
There's...
Ms. Dougherty: We agreed to -- there is a...
Vice Chairman Plummer: ...no provisions being made for that protection.
Ms. Slazyk: Yes. The City's conditions include that they have to comply with...
Commissioner Gort: Why don't you read all those condition there.
Ms. Slazyk: OK. The City's conditions include that they have to comply with the landscape plan on file
with us, which is the preservation and restoration of the hammock area.
Vice Chairman Plummer: To what extent? It was three acres. It's now 1.9. Is it to return it to three acres?
Ms. Slazyk: No. It is the plan....
Vice Chairman Plummer: To me, when you restore something, you restore it to its original.
Ms. Dougherty: It was never three acres. Not even DERM ever said it was three acres.
Vice Chairman Plummer: Excuse me. I heard from the City there's three acres. It's not? OK.
Ms. Dougherty: No.
Ms. Sarah Eaton (Preservation Officer): The City has never said it was three acres.
Vice Chairman Plummer: OK. How much was it?
Ms. Eaton: We never measured the amount. Sarah Eaton, Preservation Officer for the City.
Commissioner Gort: Look, J.L., this is your district. I'll take my motion out. forget it. (Applause).
Vice Chairman Plummer: All right. We now have no motion on the floor. My motion, I will still reiterate
my motion to take it to the full administrative procedures and to be back here-- I'll make a concession. Let
me tell you just for the record. I like the project.
Commissioner Teele: I love it.
Vice Chairman Plummer: All right. I think it's a good project. I think it has merit, but I think you're making
a mistake by not going through your administrative procedures. And if we can't be back here, I'll concede to
the meeting in December, OK.
Commissioner Gort: December the 8th.
Vice Chairman Plummer: The December 8th meeting, but it must be with the opportunity of that Board to,
in fact, have a meeting and restore back to this Board, OK.
Ms. Dougherty: Please refer it to tomorrows meeting. You can refer this and remand it to tomorrow's
meeting.
Vice Chairman Plummer: Excuse me. My motion is simple, that it go before the Historic Design Review
205 November 17, 1998
Board. If humanly possible...
Mr. Maxwell: No, no. I thought it was the Urban Development Review Board.
Vice Chairman Plummer: Urban-- I'm sorry, Urban Design.
Mr. Maxwell: Urban Development Review Board.
Chairman Plummer: You've got me stuttering. Forgive me, Father, for I have sinned. All I'm saying is, do
it before the Board. Get it done. Get it back here before this and that's my motion.
Commissioner Gort: You have some reappointment that was made today to that Board, so you should have
some people - enough people to have a quorum.
Ms. Slazyk: We'll do a special meeting. We'll advertise it.
Vice Chairman Plummer: That's fine. This is an important project for this community, OK. It's very
important. And like it was said before, I can't remember when Tucker Gibbs came here and made a positive
-- something positive. OK. I mean, Tucker's just not that kind of — doing what he normally does. All right.
My motion is simple, that it go before the Board, comes back here by the eighth of December, if humanly
possible.
Ms. Dougherty: Thank you, sir.
Vice Chairman Plummer: But no longer than our meeting in January. And I would hope and I would
demand of you to call that meeting. That's my motion, which is the same motion I made before.
Commissioner Teele: Second. And if it's possible, it will go before the -- if the City Attorney deems it
appropriate, it will go before the UDC tomorrow or the U....
Vice Chairman Plummer: That's fine.
Commissioner Teele: If you deem it appropriate.
Commissioner Gort: Call the question.
Unidentified Speaker: How are we going to find out tomorrow?
Vice Chairman Plummer: Just be here.
Commissioner Gort Call the question.
Mr. Maxwell: Commissioner, I could tell you that, my opinion would be that it would not be appropriate for
tomorrow. (Applause).
Vice Chairman Plummer: Well, then, next week.
Commissioner Sanchez: Once again, this Commission cannot make a decision.
Commissioner Teele: Call the question.
Ms. Slazyk: We're going to pick a date tomorrow morning and we're going to advertise immediately, and at
tomorrow's board, we will tell the members when to come for this.
Vice Chairman Plummer: And put it on Cable 9. OK.
Commissioner Sanchez: Once again, this Commission can't make a decision.
Commissioner Gort: Call the question.
206 November 17, 1998
Commissioner Teele: Call the question.
Vice Chairman Plummer: This Commissioner can make a decision and rather than doing what is-- may be
expedient, aside from doing what's right, I feel I'm doing what's right. I vote yes.
Commissioner Gort: Just keep it from going to court, yes.
Ms. Dougherty: Thank you very much.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.98-1152
A MOTION TO REFER AGENDA ITEM PZ-3 (PROPOSED MAJOR USE
SPECIAL PERMIT FOR THE CLOISTERS ON THE BAY PROJECT AT
3463-3571 MAIN HIGHWAY) TO THE URBAN DEVELOPMENT REVIEW
BOARD (UDRB); FURTHER DIRECTING THE CITY MANAGER TO
BRING THIS ISSUE BACK WITH A RECOMMENDATION FROM THE
UDRB, FOR COMMISSION CONSIDERATION AT THE COMMISSION
MEETING OF DECEMBER 8, 1998, IF POSSIBLE, OR BY NO LATER
THAN THE JANUARY 1999 COMMISSION MEETING.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: OK. Item 4 is up. (Applause). Please, please. Thank you. An amendment to the
master plan of increment I Development Order, Downtown Miami Development of Regional Impact. City
of Miami.
Ms. Lourdes Slazyk (Assistant Director, Planning): We recommend approval. This is to amend the DRI
(Development Regional Impact).
Vice Chairman Plummer: Who moves Item 4?
Commissioner Regalado: Move it.
Vice Chairman Plummer: Moved by Regalado. Seconded by Teele. All in favor-- please exit quietly. All
in favor of Item 4?
The Commission (Collectively): Aye.
Vice Chairman Plummer: Any opposition? Show it passed.
207 November 17, 1998
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-1153
A RESOLUTION, WITH ATTACHMENT(S), AMENDING THE
DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT ("DRI")
MASTER AND INCREMENT I DEVELOPMENT ORDERS (RESOLUTION
NOS. 87-1148 AND 87-1149, ADOPTED DECEMBER 10, 1987, AS
AMENDED BY RESOLUTION NO. 91-698, ADOPTED SEPTEMBER 26,
1991, RESOLUTION NOS. 94-849 AND 94-850, ADOPTED NOVEMBER 17,
1994, RESOLUTION NO. 98-219, ADOPTED FEBRUARY 24, 1998, AND
RESOLUTION NO. 98-787, ADOPTED JULY 21, 1998), FOR THE AREA OF
THE CITY OF MIAMI UNDER THE JURISDICTION OF THE DOWNTOWN
DEVELOPMENT AUTHORITY AND MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A", BY AMENDING THE MASTER AND INCREMENT I
DEVELOPMENT ORDERS BY DECREASING THE AMOUNT OF
DEVELOPMENT CREDITS IN THE OFFICE CATEGORY IN ORDER TO
COMPLY WITH A CONDITION OF THE DEVELOPMENT ORDER;
FINDING THAT THIS CHANGE DOES NOT CONSTITUTE A
SUBSTANTIAL DEVIATION PURSUANT TO CHAPTER 380, FLORIDA
STATUTES (1997); FINDING THAT THIS CHANGE IS IN CONFORMITY
WITH THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-
2000; INSTRUCTING TRANSMITTAL OF COPIES OF THIS RESOLUTION
TO AFFECTED AGENCIES; AND PROVIDING FOR AN EFFECTIVE
DATE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Item 5.
Ms. Lourdes Slazyk (Assistant Director, Planning): This is a special exception. We recommend approval
with conditions. It was recommended the same by the Zoning Board.
Commissioner Regalado: It's in my district. I'll move it.
Vice Chairman Plummer: So be it. It's moved by Regalado. Seconded by Teele. Is there anyone wishing
to speak against Item 5? Seeing none, all in favor, say "aye."
The Commission (Collectively): Aye.
208 November 17, 1998
Vice Chairman Plummer: Opposition? Show unanimous ballot.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-1154
A RESOLUTION, WITH ATTACHMENT(S), AFFIRMING THE DECISION
OF THE ZONING BOARD THEREBY GRANTING A SPECIAL EXCEPTION
FROM THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO
PERMIT A HEALTH CLINIC IN THE R-3 MULTIFAMILY MEDIUM -
DENSITY RESIDENTIAL ZONING DISTRICT FOR THE PROPERTY
LOCATED AT 3095 WEST FLAGLER STREET, MIAMI, FLORIDA,
GRANTED PER PLANS ON FILE WITH A TIME LIMITATION OF
TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE
OBTAINED AND SUBJECT TO THE FOLLOWING CONDITIONS: 1) THE
PROPOSED FACILITY SHALL BE LIMITED TO OUTPATIENTS ONLY
WITH NO OVERNIGHT ACCOMMODATIONS PROVIDED; 2) A
COMPLETE NEW LANDSCAPE PLAN, WITH SPECIFICATIONS,
INCLUDING IRRIGATION AND ILLUMINATION, SHALL BE
SUBMITTED FOR REVIEW AND APPROVAL BY THE PLANNING
DIVISION PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS;
AND 3) PLANS OF THE EXISTING AND PROPOSED FACADES, SIGNS
SPECIFICATIONS AND PAINT COLOR SAMPLES SHALL BE
SUBMITTED FOR THE REVIEW AND APPROVAL BY THE PLANNING
DIVISION PRIOR TO THE ISSUANCE OF ANY BUILDING PERMIT.
(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.
Chairman Plummer: Item 6.
Ms. Lourdes Slazyk (Assistant Director, Planning): PZ-6 and 7 are companion zoning and land use items.
The Department recommends approval.
Vice Chairman Plummer: Mr. Gort, this is your district.
Commissioner Gort: Yes.
Vice Chairman Plummer: Mr. Gort?
Commissioner Gort: Yes.
209 November 17, 1998
Vice Chairman Plummer: And how do you wish to handle this item?
Commissioner Gort: I beg your pardon?
Vice Chairman Plummer: Do you wish to move it?
Commissioner Gort: I move for approval, yes..
Commissioner Sanchez: Second.
Vice Chairman Plummer: Moved for approval. Seconded by Sanchez. The Department have any -- Mr.
City Attorney.
Mr. Joel Maxwell (Assistant City Attorney): One comment. Under Recommendations on your agenda
sheet, it shows that the PAB (Planning and Advisory Board) voted for denial based on a vote of three to two.
That should show a vote of approval. Vote of three to two.
Ms. Slazyk: It was a motion to approve.
Vice Chairman Plummer: That's fine. All right. Anyone wishing to speak on Item 6? Hearing none, all in
favor, say "aye." Oh, I'm sorry. It's an ordinance. Read the ordinance.
Vice Chairman Plummer: Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND
USE DESIGNATION OF THE PROPERTY LOCATED AT
APPROXIMATELY 1612 NORTHWEST 30TH 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 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.
210 November 17, 1998
Vice Chairman Plummer: Mr. Gort, it's in your district, Item Number 7.
Commissioner Gort: Move it again.
Vice Chairman Plummer: Moved for approval. Seconded by Sanchez. Is there anyone wishing to speak to
Item 7, for or against? Mr. City Attorney, read the ordinance. Anyone wishing to speak for or against Item
7? Let the record reflect no one came forward. Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING PAGE NO. 26 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 PROPERTY LOCATED AT
APPROXIMATELY 1612 NORTHWEST 30TH STREET, MIAMI, FLORIDA;
MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Gort, seconded by Commissioner Sanchez, and was passed in first
reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
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 8,41 Tamiami Canal Road.
Commissioner Regalado: Yeah, that's District 4.
Vice Chairman Plummer: Is that yours, Mr. Regalado?
Commissioner Regalado: Yes, sir.
Vice Chairman Plummer: Do you wish to discuss it or do you wish to make a motion?
Commissioner Regalado: I wish to -- for the administration to tell me what basically...
Vice Chairman Plummer: Lourdes.
211 November 17, 1998
Ms. Lourdes Slazyk (Assistant Director, Planning): We're recommending approval. The piece of property,
as you can see, it's Tamiami Canal Road but it basically fronts a mayor arterial and we believe that this is an
appropriate change of zoning.
Commissioner Regalado: Has there been any complaints from neighbors, Lourdes?
Ms. Slazyk: No, not that I know of. The Planning Advisory Board felt that there was an intrusion into the
residential area. They voted denial but the Zoning Board voted for approval.
Vice Chairman Plummer: I'm showing both of them voted for approval.
Mr. Rafael Rodriguez: Rafael Rodriguez, Coral Way...
Mr. Joel Maxwell (Assistant City Attorney): No, the PAB's (Planning Advisory Boards) vote on this one
was a denial because of the title.
Chairman Plummer: Oh.
Commissioner Regalado: You wish to...
Mr. Rafael Rodriguez: To answer that, Commissioner Regalado's question. Rafael Rodriguez, Coral Way
NET, Alfonso Callava the NET administrator for the area. He -- I checked with him and there was no
complaints regarding the change of zoning on this item.
Commissioner Regalado: You wish to...
Mr. Adolfo Rodriguez: Well, I just wanted to say, there's only one property left with the zoning, single
family.
Commissioner Regalado: Then I'll move to approve.
Mr. Adolfo Rodriguez: Fifty-six letters from all the neighbors approving it.
Vice Chairman Plummer: Excuse me. Sir, who you are and your address?
Mr. Rodriguez: Adolfo Rodriguez Roig, 41 Tamiami Canal Road.
Vice Chairman Plummer: OK, sir. You're the applicant?
Ms. Slazyk: Yes.
Mr. Rodriguez Yes.
Chairman Plummer: Thank you.
Mr. Rodriguez: I got fifty-six letters from all the neighbors, including next door.
Commissioner Regalado: I'll move to approve.
Vice Chairman Plummer: Motion by the...
Commissioner Sanchez: Second.
Chairman Plummer: ...district Commissioner to move the approval. By Sanchez, second. It is an
ordinance. read the ordinance. Call the roll.
212 November 17, 1998
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 41 TAMIAMI CANAL ROAD, MIAMI, FLORIDA,
FROM SINGLE FAMILY 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 Regalado, 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: Item 9 is a companion. Mr. Regalado.
Commissioner Regalado: Move it. Yes, move it.
Vice Chairman Plummer: Moved for approval. Seconded by Mr. Sanchez. It is also an ordinance. Read
the ordinance. Call the roll. Mr. Gort.
Mr. Rodriguez: Thank you, Commissioners.
An Ordinance Entitled -
AN ORDINANCE, AMENDING PAGE NO. 29 OF THE ZONING ATLAS OF
THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM R-1 SINGLE-FAMILY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT
APPROXIMATELY 41 TAMIAMI CANAL ROAD, MIAMI, FLORIDA;
MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
213 November 17, 1998
was introduced by Commissioner Regalado, 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. Gort.
Ms. Dena Bianchino (Assistant City Manager): We would like to request that PZ10 and 11 be continued
until January, please.
Commissioner Gort: OK.
Mr. Joel Maxwell (Assistant City Attorney): What date in January?
Commissioner Gort: Do you need a motion?
Ms. Bianchino: The second meeting in January.
Commissioner Sanchez: Move.
Commissioner Gort: We need a motion to continue.
Commissioner Regalado: Move PZ-12.
Commissioner Gort Moved and second.
Mr. Maxwell: Holdup one second. You must act on that request for continuance, on 10 and 11.
Commissioner Sanchez: Yeah, I moved.
Commissioner Gort: OK, it's been moved. Is there a second?
Commissioner Regalado: Second, second.
Commissioner Gort: Any discussion? Being none, all in favor, state by saying "aye."
The Commission (Collectively): Aye.
214 November 17, 1998
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO.98-1155
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEMS PZ-10
(PROPOSED SECOND READING ORDINANCE TO AMEND ORD. 10544,
THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING
DESIGNATION FOR PROPERTY AT 1975 N.W. 12 AVENUE FROM
MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION
AND UTILITIES TO GENERAL COMMERCIAL) AND PZ- I I (PROPOSED
SECOND READING ORDINANCE TO AMEND ZONING ORD. I1000, AT
1975 N.W. 12 AVENUE (PROPERTY MAINTENANCE SITE) FROM G/I
GOVERNMENT AND INSTITUTIONAL TO C-2 LIBERAL COMMERCIAL)
TO THE CITY COMMISSION MEETING PRESENTLY SCHEDULED FOR
JANUARY 26, 1999.
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.
NAYS: None.
ABSENT: Vice Chairman J.L. Plummer, Jr.
Commissioner Regalado: OK, on PZ-12, it's in District 4, and I've seen the property. Here, I think that this
is the reason. I just want to make that comment. This is the reason that I went and lobby for the Charter
amendment in the past selection. Do you think that we're going to get three bids on this property? If we
don't, should we call a special election to sell this tiny property?
Ms. Dena Bianchino (Assistant City Manager): It would certainly be up to the bidders to decide if they want
to...
Commissioner Regalado: I know, I know. What I'm saying is that, see, this is not a part-- because never
been a part and this is a piece of land that is stuck in the middle of two buildings, so that's the reason that I
thought that it was a good thing, the Charter amendment. But, anyway, I'll move P7,12.
Commissioner Gort: Moved. Is there a second?
Commissioner Sanchez: Second.
Commissioner Gort: OK. Yes, sir.
Mr. Jesus Campo: Can we define PZ-12?
Commissioner Teele: Your name.
Mr. Campo: My name is Jesus Campo. I'm with AK Media. The address is 5800 Northwest 77th Court,
and I just want to make sure I'm listening to the right thing here. Are we talking about an ordinance
amending page number 23 of the Zoning Atlas of the City of Miami, Florida, by changing the zoning
classification from PR Parks and Recreation and GI, Government Institutional, to G2 liberal commercial?
215 November 17, 1998
Ms. Lourdes Slazyk (Assistant Director, Planning): No, that's another item.
Mr. Campo: I apologize.
Commissioner Gort: Any further discussion? Being none, all in favor, state by saying "aye."
Mr. Walter Foeman (City Clerk): It's an ordinance.
Mr. Joel Maxwell (Assistant City Attorney): You have to read the ordinance, Commissioner.
Commissioner Gort: An ordinance.
Mr. Maxwell: Commissioner, it's an ordinance.
Mr. Foeman: It's an ordinance. He has to read...
Commissioner Gort: Read it. Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND
USE DESIGNATION OF THE PROPERTIES LOCATED AT
APPROXIMATELY 1960 AND 2000 SOUTHWEST 24TH STREET, MIAMI,
FLORIDA, FROM RECREATION TO SINGLE FAMILY RESIDENTIAL;
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 Regalado, 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.
NAYS: None.
ABSENT: Vice Chairman J.L. Plummer, Jr.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Commissioner Gort: Thank you. Unanimous. Item 13.
Commissioner Regalado: Move P2r 13. I move it. It's the same.
Commissioner Gort: It's a move. Is there a second? Is there a second?
Commissioner Teele: Yes.
216 November 17, 1998
Commissioner Gort: Second. Any discussion? Being none, all in favor -- well, is this an ordinance or a
resolution?
Mr. Joel Maxwell (Assistant City Attorney): Yes, it's an ordinance.
Commissioner Gort: Read the ordinance. Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING PAGE NO. 43 OF THE ZONING ATLAS OF
THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION FROM PR PARKS AND RECREATION TO R-1 SINGLE
FAMILY RESIDENTIAL FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 1960 AND 2000 SOUTHWEST 24TH STREET, MIAMI,
FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
was introduced by Commissioner Regalado, seconded by Commissioner Teele, and was passed in first
reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Vice Chairman J.L. Plummer, Jr.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Commissioner Gort: PZ-14.
Ms. Lourdes Slazyk (Assistant Director, Planning): Fourteen an 15, were asking to be continued to January
26th, due to the Planning Advisory Board failing to act on it. They asked for a continuance to explore
historic preservation, that the property be designated and until they act, it's not properly before you.
Commissioner Gort: Is there a motion for a continuance?
Commissioner Sanchez: Motion.
Commissioner Gort: It's a move. Is there a second?
Commissioner Teele: Second.
Commissioner Gort: OK. All in favor, state by saying "aye."
The Commission (Collectively): Aye.
217 November 17, 1998
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO.98-1156
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEMS PZ-14
(PROPOSED FIRST READING ORDINANCE TO AMEND ORD. 10544, THE
COMPREHENSIVE NEIGHBORHOOD PLAN, BY CHANGING
DESIGNATION FOR PROPERTIES AT 1401 AND 1441 NORTH MIAMI
AVENUE FROM RECREATION AND MAJOR INSTITUTIONAL, PUBLIC
FACILITIES, TRANSPORTATION AND UTILITIES TO GENERAL
COMMERCIAL) AND PZ-15 (PROPOSED FIRST READING ORDINANCE
TO AMEND ZONING ORD. 11000 BY CHANGING DESIGNATION FOR
PROPERTIES AT 1401 AND 1441 NORTH MIAMI AVENUE FROM PR
PARKS AND RECREATION AND G/I GOVERNMENT AND
INSTITUTIONAL TO C-2 LIBERAL COMMERCIAL) TO THE CITY
COMMISSION MEETING PRESENTLY SCHEDULED FOR JANUARY 26,
1999.
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.
NAYS: None.
ABSENT: Vice Chairman J.L. Plummer, Jr.
Commissioner Gort: Sixteen. PZ-16, second reading.
Ms. Lourdes Slazyk (Assistant Director, Planning): PZ-16 was the item that you all had acted on in
September and, then, reconsidered in October and now it's back for you today as a reconsideration.
Commissioner Sanchez: So moved.
Commissioner Gort: OK. Before there's a motion, is anyone in the public to speak in favor or against this?
Have you all been sworn in?
Mr. Tony O'Donnell: Yes, sir, I have. Earlier.
Commissioner Gort: OK.
Mr. O'Donnell: For the record, Tony O'Donnell, with law offices at 1200 Brickell Avenue. I'm here tonight
representing neighbors of the Coconut Grove Playhouse that appeared several months ago before the
Planning Advisory Board to oppose this effort to bring commercial parking from the adjoining SD2 district
of Coconut Grove onto the Coconut Grove Playhouse site. They are David Sweatland, who's property
owner in the residential community of Camp Biscayne, across the street from the site. BarbaraLange, who
218 November 17, 1998
is a resident of the Arbitary Development, also across Main Highway from the site. At the time we were
before the Planning Advisory Board, Esther Armbrister was also my client. She has, unfortunately, passed
away and -- but she was representing the historic residential neighborhood along Charles Avenue, opposing
this ordinance. The Planning Advisory Board, as your package shows, voted unanimously against this
proposal and they did it for several reasons. I think the main reason is, they felt that no one had studied
what the impact of the proposal was going to be on traffic, on parking, on increased commercialization of
the Grove. But there were a number of legal issues I raised at that time and I would like to incorporate the
record, if I could, Mr. Chairman, incorporate the record of the Planning Advisory Board and all of the
exhibits.
Vice Chairman Plummer: It is a matter of the record.
Mr. O'Donnell: Thank you very much. And now -- help me move along here a little. We believe that the
proposed ordinance is really to extend SD-2, which is commercial parking, into what it was established
years ago as a transition government institution area. That is, a transition between the commercial part of
the Grove and the residential part of the Grove surrounding this site. We also believe that it should be
opposed because it's a first step in an overall plan, and we have in the record before the Planning Advisory
Board that this particular ordinance was part of an overall plan to commercialize that site and to change the
zoning on that site, and they pulled it out. And it's a first step in privatizing what is really public land. This
is publicly owned property and it should not be privatized in this way.
Vice Chairman Plummer: Tony, let me stop you for a minute.
Mr. O'Donnell: Yes.
Vice Chairman Plummer: Are we talking about the parking lot of the Playhouse?
Commissioner Sanchez: Yeah.
Mr. O'Donnell: Yes. The parking lot of the Playhouse. But what we're talk...
Vice Chairman Plummer: Which is presently owned by the State of Florida.
Mr. O'Donnell: Yes. What we're talking about though, Mr. Plummer, it sounds like -- what we're talking
about is taking the requirements of parking that are imposed upon the SD-2 areas of Coconut Grove and
allowing those requirements to be met by utilization of parking on the Playhouse site.
Vice Chairman Plummer: Well -- but there's a recommendation of the Committee that we formed, that I
thought was an excellent recommendation, and I'm -- does anybody have a copy of that recommendation?
Because I think it answers the problems that -- you know, of congestion and everything else. Can you read
that in -- would you allow them to read that into the record, please?
Mr. O'Donnell: Sure.
Vice Chairman Plummer: The Committee, which this City Commission asked to look into the matter.
Mr. Clark Turner: Clark Turner, Department of Planning. The Ad Hoc Committee on the Coconut Grove
park in question recommended that the proposed modification be adopted but to become effective, only
when a parking garage is built on that site.
Vice Chairman Plummer: Well, that wasn't all that they recommended, as I was told. Further, they stated
that the monies to be paid into the fund would continue until such time as the parking structure was built.
Mr. Turner: That's correct. That would be...
Vice Chairman Plummer: But you didn't say that.
Mr. Turner: That would be an automatic consequence of this...
219 November 17, 1998
Vice Chairman Plummer: In other words, if they took 30 parking spaces in the Playhouse, they would still
have to pay so much a month, until such time that the parking structure was built and it would be going into
the fund, which is really to build the parking structure.
Mr. Turner: Yes, exactly.
Vice Chairman Plummer: All right. So, let's understand.
Mr. O'Donnell: That's certainly an improvement over what was originally proposed. Let me make a couple
more points here so you understand the other issues.
Vice Chairman Plummer: Sure.
Mr. O'Donnell: If you were put SD-2 parking on the Playhouse site, you would -- it would be illegal to do
so. The SD -- Playhouse site right now is a non -conforming use. It has 175 parking spaces and it requires,
under your Code, a minimum of 240. And I just litigated parking with the City and I'm correct on this.
They -- so, if you were to put parking on there, without fully meeting the requirements of the Playhouse,
both the auditorium and everything else, and then, in addition to that, having enough for other parking in the
City, you would -- it would not be a lawful thing to do. It would be expanding a non -conforming use,
which, under Chapter 11 of your Code, is illegal. So, that's what I — the other point I wanted to make, that it
isn't as easy as everyone seems to think, that simply because there's a parking lot there. But the other reason
the Planning Advisory Board questioned this is that without a traffic study, how do we know-- why would
we want to add 500 cars coming off of Main Highway, which cannot be expanded, which is already
congested, that area? Why would we want to do that at this particular location without, at least, examining
whether the traffic impact, was properly assessed and properly mitigated? There has been no study of that.
So, we believe that the ordinance should not be adopted until the garage is built, until you have something to
do that we all know exactly what we're going to do. And the garage is not going to be built until there's
proper assessment of what's going to go on that site. To have an ordinance, a legislative ordinance, which is
changing the zoning ordinance of the City, conditioned upon all sorts of things out there in the future, is not
the rational way to go. The issue that the Committee or-- the issue that they addressed, I think, was a lot
better. At least, they addressed a couple of the issues by saying that that would happen. But my position is
that -- and our position is, is that -- this is an inappropriate place to put commercial parking and to focus
commercial parking in the Grove, and that this area should be left as a primarily transitional area, in which
the uses are not there all day and all night, on the weekend, but they are compatible with residential.
Because even if you put offices there, which are allowed under the comp plan, this will be contrary to your
comp plan. Offices will be there during the day when people are not at home. They won't be there on the
weekend when people are at home. They won't be there all night drinking and yelling and screaming when
people are at home. This is an important transitional area in and of itself. It's recognized as such in the
comp plan and to send commercial parking into that particular lot is a bad precedent and is a defacto
(phonetic) rezoning and illegal.
Vice Chairman Plummer: Thank you, sir.
Mr. O'Donnell: Thank you.
Vice Chairman Plummer: Adrienne, do you wish to make a comment? He used five minutes. You have the
same.
Ms. Adrienne Pardo: Hello. My name is Adrienne Pardo with law offices at 1221 Brickell Avenue. I'm
here today on behalf of 3121 Commodore Corporation. We're requesting that you approve this resolution on
second reading. It's already been approved on first reading. Your Planning staff is recommending approval
of this item. And there are a lot of misconceptions. Mr. O'Donnell said the problem with this is that you
haven't had a traffic study performed and you don't know whether parking should be on that site. I'll put into
the record, again, and I put it in the last time, the Coconut Grove Planning Study. The Coconut Grove
Planning Study, that has this traffic study that was prepared by Carr Smith Associates, specifically, says that
the Coconut Grove Playhouse is a perfect site to have parking in Coconut Grove. It outlines that. I'm going
to put that page into the record, like we've done before. And just as a reminder, this, again, was on your
agenda tonight as PZ-20, which you approved tonight, and within it, it provides that you should have
parking on the Coconut Grove Playhouse site. It recommends that. I'd also like to say for the record that
220 November 17, 1998
there are a lot of misconceptions about this particular ordinance. Number one, this ordinance, all it will
allow is that for businesses that are located within the SD-2 District, to be able to satisfy their parking
requirements by leasing spaces from the Coconut Grove Playhouse site. Now, the monies -- what's very
important -- and I'd like Mr. Gonzalez to confirm it for the record -- is that currently DOSP (Department of
Off-street Parking) has a lease on that property. It's a long term lease. I have a copy with me. Goes to the
year 2036. They have the right to lease spaces. If they lease the spaces, the money goes to the Department
of Off -Street Parking. It's not — because the motion that the Committee — Commissioner Plummer, that you
referenced, the Committee said, "we don't want you to allow this ordinance to go into effect until the time a
parking garage might be built by the City and, therefore, the monies would go to the City, the Department of
Off -Street Parking. But that can happen today. If the Department of Off -Street Parking chooses to lease
spaces, that they are allowed to do and it's not illegal for them to do, then the monies would go to the
Department of Off -Street Parking, into their general fund. So, the monies are still going to the City of
Miami. What's also important to know is that this is a copy of the City Zoning Atlas from 1990. You can
see within it that the Coconut Grove Playhouse site used to be located within the SB2 District, so properties
that were located in here could use -- satisfy this property for parking purposes. That's what my client and
many of the people along Commodore are seeking to do. A lot of those businesses are dying. A lot of those
individuals were here earlier. Unfortunately, they left because of the late hour. And we're requesting that
you allow them to be able to satisfy their parking. commodore Plaza really needs this provision to pass. The
planning staff is recommending approval. They're bringing it back before you because, back in 1990, when
it was Mahi, it was — my understanding that it was inadvertently taken out and, therefore, )ou couldn't allow
for the satisfy the parking requirement.
Commissioner Sanchez: I have a question. This would allow business to satisfy their parking requirements?
Ms. Pardo: Yes, it would
Commissioner Sanchez: If they park in that area? And in 1992 that was SD-2, the area?
Ms. Pardo: Yes, it was. In 1990, actually, it was amended, I believe, in 1992, but prior to that, any business
within the -- actually, I think it was within six hundred feet at the time.
Ms. Slazyk: Yes, it was six hundred feet.
Ms. Pardo: Within six hundred feet, which the...
Ms. Slazyk: And they could only use twenty-five percent of it off site.
Ms. Pardo: Off site. And I just want to point out one other thing. This is the City's Zoning map. You have
this area all the way over here, which is SD-2. Any of these businesses could satisfy their parking...
Vice Chairman Plummer: OK.
Ms. Pardo: ...by leasing spaces in the SD-2, even though it's far away.
Vice Chairman Plummer: All right. Thank you. You don't need rebuttal. You're not an applicant. It's a
City application. I'm going to move that the recommendation...
Mr. Joel Maxwell (Assistant City Attorney): May I...
Vice Chairman Plummer: Mr. City Attorney.
Mr. Maxwell: It is quasi judicial. I would suggest that you do allow him to respond quickly.
Vice Chairman Plummer: You know, you just prolong this meeting all day long. I want a new...
Mr. Maxwell: I'm trying to protect you, Commissioner.
Mr. O'Donnell: Mr. Chairman, just one second. First of all...
221 November 17, 1998
Vice Chairman Plummer: One second.
Mr. O'Donnell: Yes. The whole point is...
Vice Chairman Plummer: December 2nd.
Mr. O'Donnell: The reason this has changed from SD to to GI -- and the comp plan has it for government
purposes and institutional purposes -- is that it was because it was in favor of protecting the neighborhoods
at the time. It was a commitment of the City at the time and what they were getting it approved for, number
one. Number two, this has never been allowed to satisfy all the parking needs of the adjoining SB2, 25
percent. Number 3, by allowing this, you are actually allowing people in the SB2 not to provide parking.
Thereby, allowing them to develop even more within their area because they don't have to use any of that
property for parking, so...
Vice Chairman Plummer: That's an awful long second.
Mr. O'Donnell: Thank you.
Vice Chairman Plummer: OK. My feelings are very simple. My feelings are that there's two types of
monies that are to be paid here. One, for the space of the Off -Street Parking Authority. The second one,
and most importantly, is the money that they have to pay under the scenario to start the parking garage.
And, as far as I'm concerned, I think the Committee, which we asked to serve as an Ad Hoc Committee, did
a good job and I like their recommendation. We allow them to lease the parking spaces, not to exceed 30, as
I recall. Was it 30 or 40?
Ms. Pardo: No, I don't think there's a --
Vice Chairman Plummer: There was no number.
Ms. Pardo: There was no limit.
Vice Chairman Plummer: OK. That they lease out the property and that they must pay for the parking trust
fund, until such time as, in fact, the parking structure is finished and operating. Is that-- am I pretty much
on what the Ad Hoc Committee suggested?
Ms. Slazyk: Yeah, that's correct. And there's two ways to do it. One is to either withdraw this and wait
until that the time is right to do this. I need to just go back just a little bit. The Planning Department
proposed this ordinance as a tool for the future, because the Coconut Grove Planning Study called for
parking in this location. I also, for the record, need to clarify that the GI zoning district allows commercial
parking. This is not introducing a new use onto this property that could not be built there today.
Vice Chairman Plummer: All right. Formulate my motion. You know what I'm trying to accomplish?
Ms. Pardo: Yeah, I know. I don't know -- can we do -- and this is a question for the Law Department. Can
they do an ordinance now that's effective some date in the future, when a garage is in place or is it...
Vice Chairman Plummer: Sure. Why not?
Mr. Maxwell: Sure you can make certain...
Ms. Pardo: Is it wiser to withdraw this...
Mr. Maxwell: ... provisions effective.
Vice Chairman Plummer: Sure.
Ms. Pardo: A provision for an effective date at such time?
Vice Chairman Plummer: That's it. That's my motion.
222 November 17, 1998
Ms. Barbara Lange: Can I say something?
Vice Chairman Plummer: My motion is that we allow it to happen; that, by virtue of the fact that they --
whatever they pay the Off -Street Authority is one fee.
Commissioner Sanchez: Second.
Vice Chairman Plummer: And that the second fee has to be the actual contribution as required to the
Parking Trust Fund as related, until such time as the parking structure is, in fact. OK. There is a second to
the motion. Call the roll. Mr. Sanchez.
[COMMENTS MADE DURING ROLL CALL:]
Commissioner Teele: Did Ms. Lange get to speak?
Ms. Lange: I didn't get to speak.
Vice Chairman Plummer: You don't need to speak.
Ms. Lange: I do need to speak.
Vice Chairman Plummer: Teele, don't do that to me.
Ms. Lange: Thank you, Commissioner Teele.
Vice Chairman Plummer: It's too late.
Ms. Lange: It's not too late. It's still 8:30.
Commissioner Teele: Just 10 seconds.
Ms. Lange: I'm going to be 10 seconds.
Vice Chairman Plummer: Are you kidding me? She couldn't even spell her name out in 10 seconds.
Ms. Lange: J.L., I can...
Vice Chairman Plummer: Thirty seconds, Barbara.
Ms. Lange: Thirty seconds. Here's something -- I think -- if I had my glasses on, this is -- is this your good
idea, the main highway traffic meeting?
Vice Chairman Plummer: I wish it was but it was Mr. Morales' idea, and I join with him.
Ms. Lange: Well, you know, this is just going to put more traffic on Main Highway.
Vice Chairman Plummer: That's not true. We are not creating anymore spaces. They are utilizing what is
presently there. I would not vote to increase the amount of parking.
Ms. Lange: Then I...
Vice Chairman Plummer: You've had your 30 seconds.
Ms. Lange: No, I need 30 more seconds because I want to understand this.
Vice Chairman Plummer: See what you did? OK.
Commissioner Teele: She's used her time up.
223 November 17, 1998
Vice Chairman Plummer: We're in the middle of a roll call.
Ms. Lange: Just 30 more seconds. Are we adding spaces -- are you allowing people in the SD-2 District to
buy spaces in the Coconut Grove Playhouse?
Vice Chairman Plummer: No.
Ms. Dena Bianchino (Assistant City Manager): Not until the garage is built.
Vice Chairman Plummer: Continue the roll call.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.98-1157
A MOTION TO ALLOW COMMERCIAL ESTABLISHMENTS IN THE SD-2
COCONUT GROVE CENTRAL COMMERCIAL DISTRICT TO ACCESS
PROPERTY FOR PARKING TRUST PURPOSES, PROVIDED THEY PAY
THE OFF-STREET PARKING AUTHORITY ITS USUAL FEE AND ALSO
PAY A SECOND FEE WHICH IS TO BE THE ACTUAL CONTRIBUTION,
AS REQUIRED, TO THE PARKING TRUST FUND; HOWEVER, THESE
PROVISIONS WOULD NOT BE OPERATIVE UNTIL SUCH TIME AS THE
PROPOSED PARKING STRUCTURE HAS A CERTIFICATE OF
OCCUPANCY.
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.
Mr. Maxwell: Commissioner, please, I -- on the effective date, because we have to draft this ordinance to
incorporate what you want. When is the...
Vice Chairman Plummer: I asked you to formulate a motion for me.
Mr. Maxwell: No, no, you asked staff to formulate the motion, Commissioner.
Vice Chairman Plummer: I asked...
Mr. Maxwell: When is the effective date?
Vice Chairman Plummer: The effective date would be 30 days from today.
Mr. Maxwell: No, no, no, no. There was some discussion about the effective date of the parking provisions,
I believe.
Ms. Slazyk: My understanding is that today, nobody can use this for — to meet off site parking requirements
in SD-2 but some day, when a garage is there, surplus spaces only can be leased to SD-2 businesses to meet
their requirements.
224 November 17, 1998
Vice Chairman Plummer: Of course. Because let's remember where the parking structure is going. You
know, the people in the Taurus restaurant are saying, you know, that site down there is not going to be of
any value to us because it's over north of the Coco Walk.
Commissioner Teele: Is the effective date in the motion?
Vice Chairman Plummer: The effective date would...
Mr. Maxwell: In the ordinance it has -- it's ordinarily effective 30 days hence, but I thought I heard
discussion about when you want certain provisions to go into effect at some time in the future, as opposed to
then.
Ms. Bianchino: Right. The ordinance...
Vice Chairman Plummer: Yeah, the provisions in the future are when the parking structure is built and
operating.
Ms. Slazyk: Has a Certificate of Occupancy.
Vice Chairman Plummer: That's fine. That's fine.
Commissioner Teele: Was that in the motion?
Commissioner Sanchez: Was that in the motion?
Vice Chairman Plummer: That's my motion. We were on a roll call. Continue the roll call.
Commissioner Teele: You better be glad I clarified your motion.
Vice Chairman Plummer: Oh, yeah, I was tickled pink that you asked Barbara to speak.
Commissioner Gort: Maria's waiting.
Commissioner Teele: Commissioner, I am going to vote yes because the parking garage does not create
more traffic.
Vice Chairman Plummer: Not at all. Not a single space.
Ms. Bianchino: It just satisfies-- that's right..
Commissioner Teele: It solves more traffic.
Vice Chairman Plummer: Not a single space. Continue, sir. Thank you. Item....
Commissioner Regalado: Excuse me. What is the meaning of what we did in terms of...
Vice Chairman Plummer: They can lease the spaces to private...
Commissioner Regalado: No, no, no, no. No, no. But...
Ms. Pardo: (Inaudible) they can.
Commissioner Regalado: I know what we did but, in practical.
Vice Chairman Plummer: The practical is that the Off -Street Parking Authority can lease as many spaces to
supply for the SD-2...
Ms. Slazyk: Coconut Grove Business District.
225 November 17, 1998
Vice Chairman Plummer: That, if, in fact, it is to use that for the purposes of parking to comply, they must
pay the forty dollars ($40) per space to the trust fund.
Ms. Pardo: It doesn't do that, though, because that's what we were asking, is that you just approve the
ordinance as it's presented. If you did that, then the monies would go to the Department of Off Street
Parking.
Chairman Plummer: No, no, no, no. There are two different...
Ms. Pardo: If it shows -- but with this amendment...
Vice Chairman Plummer: ...parking fees. One goes to the Off -Street Parking for the actual parking. The
second fee goes to the trust fund to create the parking structure.
Ms. Pardo: But, then, you're asking these individuals, who can barely survive on Commodore Avenue, to
pay twice. They're not going to it.
Vice Chairman Plummer: Oh, that's absolutely what we're trying to do.
Ms. Pardo: They're not going to...
Vice Chairman Plummer: That's absolutely. Don't be mistaken about it.
Ms. Pardo: Well, it's extortion.
Commissioner Sanchez: Yeah, but...
Ms. Pardo: And you're not going to...
Commissioner Teele: That's strong language.
Ms. Pardo: They're not going to do it, then, and...
Commissioner Sanchez: Wait. J.L., J.L., wait.
Ms. Pardo: Then, those businesses are going to die.
Vice Chairman Plummer: Absolutely.
Commissioner Teele: That's strong language.
Commissioner Sanchez: Hey, wait.
Commissioner Teele: That's strong language.
Vice Chairman Plummer: Hey, that is exactly what we're trying to do. It was understood, when we passed
this ordinance creating the parking structure trust fund, that the people...
Commissioner Sanchez: J.L., that's not right.
Vice Chairman Plummer: ... who were not in compliance...
Commissioner Sanchez: That's not right.
Vice Chairman Plummer: ... would have to.
Ms. Pardo: No, there are...
Commissioner Teele: Mr.-- hold on one minute. Mr. Chairman?
226 November 17, 1998
Ms. Pardo: If I could just respond.
Commissioner Sanchez: That's not right. That's not right. No, no.
Commissioner Teele: I would move to reconsider. We need to get a clean motion, know what we're doing.
But I do think counsel should offer some clarification.
Vice Chairman Plummer: Move to reconsider by Teele.
Commissioner Sanchez: Second.
Commissioner Teele: Hold on, J.L. I think counsel needs to offer some clarification on that use of the word
extortion because that's unfair.
Vice Chairman Plummer: Who said extortion?
Ms. Pardo: I did.
Vice Chairman Plummer: Well, I hope you can back it up. I mean...
Commissioner Teele: No, no, no.
Commissioner Sanchez: No.
Commissioner Teele: I think it was a moment of excitement and I just think it...
Ms. Pardo: Moment of passion.
Ms. Slazyk: Could I ask, Mr. Attorney, to clarify this?
Chairman Plummer: I'm going to ask the City Attorney, as I asked before, to make a motion trying to
accomplish...
Commissioner Teele: Can we carry the motion to reconsider, please?
Vice Chairman Plummer: Sir.
Commissioner Sanchez: Second.
Vice Chairman Plummer: Motion to reconsider by Teele. Seconded by...
Commissioner Sanchez: Sanchez.
Vice Chairman Plummer: ...Sanchez. All in favor, say "aye."
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-1158
A MOTION TO RECONSIDER PRIOR VOTE TAKEN ON MOTION 98-1157.
Note for the Record: Item PZ-16 was immediately thereafter passed and
adopted as Ordinance 11731.
227 November 17, 1998
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Plummer: All right. Now, the floor is open for...
Commissioner Teele: I would like for the attorney to make a motion that carries out the intent of what
Commissioner Plummer said.
Vice Chairman Plummer: And the Ad Hoc Committee. Mr. City Attorney.
Mr. Maxwell: This is a motion to approve and to incorporate the recommendations of the Coconut Grove
Parking Ad Hoc Advisory Committee. It, specifically, provides that the provisions as to when the parking
would be allowed would take effect at such time as the parking garage is -- the application for the parking
garage is approved.
Vice Chairman Plummer: No, not the application, the completion.
Mr. Maxwell: Oh, is made. The Certificate of Occupancy for the garage is approved.
Vice Chairman Plummer: All right. Is the motion understood??
Ms. Pardo: And, further, that the funds...
Vice Chairman Plummer: Forty dollars ($40) into the fund has to be paid, correct?
Ms. Pardo: No, don't address the funds?
Mr. Turner: Mr. Chairman?
Vice Chairman Plummer: Yes.
Mr. Turner: As a point of clarification.
Vice Chairman Plummer: Please.
Mr. Turner: The effect of adopting the Ad Hoc Committee's recommendation would be to adopt the
ordinance as presented to you in the past.
Vice Chairman Plummer: Right.
Mr. Turner: But to make it effective upon issuance of the Certificate of Occupancy for a parking garage on
that site. You would achieve the same effect...
Vice Chairman Plummer: No, you're not allowing him to...
Mr. Turner: That will, automatically, cause the Off -Street Parking fund to be paid the appropriate amounts,
as it would be in the absence of this entirely. So, it achieves it automatically. It doesn't need to be restated.
228 November 17, 1998
Vice Chairman Plummer: That's fine. That does it. That's fine.
Mr. Turner: You would also achieve -- I should mention, that you would achieve the same end by simply
not acting on this ordinance at all and, at some future date, when the parking garage has been constructed
there, you could go ahead and extend the permissions then. You could do it either way, pass it now with an
effective date later or pass it later.
Vice Chairman Plummer: Mr. Teele, I would accept either one as my motion, OK. Doing nothing, which I
don't like to do, I'd rather spell it out, and I would accept the motion -- the wording put forth by the
Department.
Commissioner Teele: Second the motion.
Vice Chairman Plummer: OK.
Commissioner Sanchez: You don't want to move it as it?
Vice Chairman Plummer: I'm sorry?
Commissioner Sanchez: You don't want to move it as it?
Vice Chairman Plummer: I'm moving it as per the wording by the Department.
Commissioner Sanchez: Which is on this...
Mr. Turner: Yes. It's this ordinance...
Ms. Pardo: No.
Commissioner Sanchez: This ordinance. You're going to move it?
Mr. Turner: But you're moving to adopt this ordinance and to have it become effective at such time as a
Certificate of Occupancy is issued for a parking garage on that site.
Ms. Pardo: There are no plans for a Certificate of Occupancy.
Vice Chairman Plummer: That's correct.
Mr. Maxwell: Well, that's different. There's no reference at all, then, to the Ad Hoc Committee, you're
saying?
Mr. Turner: To the what now?
Mr. Maxwell: There's no reference to the Ad Hoc Committee?
Ms. Bianchino: No, not necessarily.
Vice Chairman Plummer: It's not necessary.
Mr. Turner: Yes, it is the Ad Hoc Committee's recommendation.
Vice Chairman Plummer: They still have to pay both. They still have to pay both, if this ordinance is
adopted.
Mr. Turner: But it's the Ad Hoc Committee's recommendation, that's correct.
Vice Chairman Plummer: OK.
Commissioner Sanchez: Is that fair, that they have to pay both?
229 November 17, 1998
Vice Chairman Plummer: Oh, absolutely, absolutely.
Ms. Pardo: Could 1 respond? Could I just add one thing?
Vice Chairman Plummer: I am not going...
Ms. Pardo: Please.
Vice Chairman Plummer: ...to allow any further discussion, other than Mr. Teele, who asked for
clarification. Mr. Teele, are you satisfied? Call the roll.
Commissioner Gort: I have question. Wait a minute.
Mr. Maxwell: It's an ordinance. It's an ordinance.
Vice Chairman Plummer: Mr. Gort, I'm sorry.
Commissioner Gort: My understanding is, what you were saying -- what I thought you were saying is, this
individual has to pay certain fee?
Vice Chairman Plummer: That's correct.
Mr. Turner: That's correct.
Commissioner Gort: Which that fee goes to a garage.
Mr. Turner: It goes into the Parking Trust Fund.
Commissioner Gort: To build a future garage. If we don't do anything, these people continue to do that...
Mr. Turner: Exactly.
Commissioner Gort: And they would not be able to use the parking facility.
Mr. Turner: The effect of adopting...
Vice Chairman Plummer: No, they could use it.
Mr. Turner: ...this ordinance in accordance with the Ad Hoc committee's recommendation would be to not
change the present situation but to put a future time, at which the permissions would be extended.
Commissioner Gort: But, then, this individual will have to pay the fee, plus an additional fee?
Vice Chairman Plummer: Exactly.
Mr. Turner: No. They pay the same fee that they would have been paying if this ordinance never were in
place.
Ms. Pardo: No, you don't. Because if you don't pass the ordinance...
Vice Chairman Plummer: All right. Whoa, whoa.
Commissioner Gort Excuse me, excuse me.
Vice Chairman Plummer: Mr. Gort.
Commissioner Gort: I'm getting a little confused in here.
Commissioner Sanchez: I am confused.
230 November 17, 1998
Commissioner Gort: He's saying — my understand is, he's telling us that by passing this ordinance, you only
pay one fee.
Vice Chairman Plummer: No.
Ms. Pardo: No, he's not...
Commissioner Gort: That's what he said.
Vice Chairman Plummer: No. Look, it's very simple. I don't know why it's so hard to understand. This
individual presently is required to pay, is it forty dollars ($40) a month?
Mr. Turner: Fifty.
Vice Chairman Plummer: Fifty dollars ($50) a month, per parking space, to meet the requirements that he
has to meet.
Commissioner Gort: Right.
Vice Chairman Plummer: What he is trying to do is to allow him to use the off Street Parking in the
Playhouse to circumvent the fifty dollars ($50) a month, per car, and he doesn't have to pay into the trust
fund.
Ms. Pardo: Let me respond, please.
Ms. Slazyk: That's right.
Commissioner Sanchez: Wait, hold on, hold on
Vice Chairman Plummer: It's just that simple.
Ms. Slazyk: That's it.
Commissioner Sanchez: Hold on. Can she respond? Go ahead, Miss...
Ms. Pardo: Please. I would like -- just like to say the SD-2 District allows anybody who wants to lease
spaces from somebody who has excess spaces to satisfy their parking requirements. It allows anybody to do
that.
Ms. Slazyk: That's correct.
Vice Chairman Plummer: Then what's your problem?
Ms. Pardo: That's exactly what we are asking for, is to be able to do the same thing on the Coconut Grove
Playhouse site, which used to be within the SD-2 District and, therefore, used to be within 600 feet of
Commodore. So, you can have a property owner who has a business located right here, they could lease
excess parking spaces all the way over here and satisfy their zoning requirement.
Ms. Slazyk: No, no. The area, it's east of Margaret.
Vice Chairman Plummer: All right.
Ms. Pardo: OK, then -- OK, then, I will correct myself and say they could have a business right here and
lease parking all the way down here from another -- and they don't have to pay twice into the parking fund,
and that's all we're asking. We're asking to be able to do the same thing. And Juan can confirm that.
Vice Chairman Plummer: You could do that.
Ms. Slazyk: The only reason...
231 November 17, 1998
Vice Chairman Plummer: Let me ask -- Wait a minute. Whoa, whoa. Let me ask a question. If we deny
him the right to park in the Playhouse parking, what does he do?
Ms. Pardo: If you deny him the right to park there to satisfy his parking...
Vice Chairman Plummer: Excuse me. Answer my question.
Ms. Pardo: Well, I just wanted to get the whole question.
Vice Chairman Plummer: If we deny him the right to use the Playhouse parking...
Ms. Pardo: Right.
Vice Chairman Plummer: ... does he still have pay the fifty dollars ($50) a month per space?
Ms. Pardo: He could.
Chairman Plummer: Absolutely.
Ms. Pardo: No, he could lease spaces...
Vice Chairman Plummer: Absolutely.
Ms. Pardo: Wait, wait, wait. He could lease spaces from somebody else within the SD-2 District.
Vice Chairman Plummer: But he still has to pay the fifty dollars ($50) a month.
Ms. Pardo: No, he doesn't. He could lease spaces from somebody else.
Ms. Slazyk: No. If he could find...
Vice Chairman Plummer: Oh, if he could find spaces...
Ms. Slazyk: If he could find them...
Chairman Plummer: ... absolutely.
Ms. Slazyk: ... then he doesn't have to lease them.
Vice Chairman Plummer: That's absolutely.
Ms. Pardo: And there are other businesses that do do that within the SD-2 District. It allow you to do that.
Vice Chairman Plummer: Look, the man is a part of that community. Parking is a problem. He should be
very tickled pink to pay into that parking trust fund.
Ms. Pardo: No, but he also -- if I could just add in. He got....
Commissioner Teele: You know what, Commissioner Plummer?
Ms. Pardo: ...a building permit 12 years ago, which is...
Commissioner Teele: I really don't like the way this is...
Commissioner Sanchez: No.
Commissioner Teele: I really don't think counsel -- I mean, I really think that we ought to -- you just talked
about how the Code Enforcement -- you know, I don't think you should -- I don't think we should allow
232 November 17, 1998
counsel to get back and forth in an argument with you.
Vice Chairman Plummer: I agree with that. But everybody's...
Commissioner Teele: You're the Chairman, you know, and the counsel should be, I think, a lot more
respectful of you in the role that you play in keeping order.
Vice Chairman Plummer: All right. The motion on the floor has been couched by the Department. 1 think
the motion is...
Commissioner Teele: But you know what I want to state understand, J.L., why is it O'Donnell's representing
-- the Playhouse doesn't want it.
Vice Chairman Plummer: He's not representing the Playhouse?
Commissioner Teele: Well, who's he representing?
Ms. Pardo: He doesn't represent the Playhouse.
UNIDENTIFIED SPEAKER: The neighbors.
Vice Chairman Plummer: Neighbors.
Commissioner Teele: The neighbors. He doesn't want it. They don't want it.
Ms. Pardo: No, we do want the ordinance, as it's written.
Vice Chairman Plummer: Excuse me, counselor.
Ms. Pardo: Sorry. I apologize.
Vice Chairman Plummer: I respect the fact that you're expecting and I'm not going to make you nervous, all
right. He is representing the neighbors in and around. Where I have a disagreement with Tony, my dear
friend, is that we're not creating another single parking space. There's 175 spaces there, I heard, today.
Tomorrow, regardless of what happens, there's going to be 175 spaces. I would think differently if we were
increasing the number. We're not. What we're saying is, is that these people who want to utilize the
Coconut Grove Playhouse parking lot, they pay whatever the normal fee is to the Off -Street Parking, but
they also be required to pay into the trust fund to establish a new parking structure. That's all I'm saying.
And that's my motion.
Commissioner Sanchez: J.L., that's...
Ms. Pardo: He's right.
Vice Chairman Plummer: OK.
Commissioner Regalado: And why do we do that? I mean, why do we...
Vice Chairman Plummer: You second my motion and we vote it. That's how you do it.
Commissioner Regalado: No, no, no, no. But why? I mean, why do we make people...
Vice Chairman Plummer: Because you'll never get the money to build the structure. Because if he's
allowed to circumvent paying that amount, others are going to circumvent it. You're going to have
applications in here and the parking structure, which we promised the people of Coconut Grove, is never
going to happen...
Commissioner Teele: You know, I'm going to...
233 November 17, 1998
Vice Chairman Plummer: And it's not going to die because of my vote.
Commissioner Regalado: So, what happen if the state decided to settle with the Off Street Parking?
Vice Chairman Plummer: Then, he's out looking for more space.
Commissioner Teele: You know what, J.L., I think this is a very helpful argument because you know what
this shows, that here again, we, as a Commission, we worry about everybody's problems but our own. We're
worried about getting the trust fund money, OK, to build more parking and, yet, we have not gone forward
and asked the legislature for the authority to put a forty dollar ($40) per year or forty dollar ($40) per month
surcharge on all this parking so that we can get the budget off the taxes of the citizens.
Vice Chairman Plummer: No, no, we have done it, sir.
Commissioner Teele: Well, the only thing I'm saying is that, I think, when we start talking about this, let's
just frame this issue right now and let's bring it back when we talk about the legislation because we're
looking out for everybody but ourselves.
Vice Chairman Plummer: If we allow this to happen, which is being requested of us this evening, can I offer
an opinion? And I'm not lawyer. I'm saying that the bonds that are going to be floating by the Off Street
Parking Authority to build that structure is going to die because part of the revenue guaranteed to produce
those bonds...
Commissioner Teele: Or the agreement.
Vice Chairman Plummer: Absolutely.
Commissioner Teele: The agreements.
Vice Chairman Plummer: Absolutely. My motion is on the floor, whether it gets a second or not.
Commissioner Teele: It has a second.
Vice Chairman Plummer: OK. Mr. Gort, you're the presiding officer.
Commissioner Gort: OK. Any further discussion? Being none, call the question.
Mr. Walter Foeman (City Clerk): Read the ordinance.
Mr. Maxwell: This is an ordinance.
Commissioner Gort: Call the roll.
Vice Chairman Plummer: It passes three to two.
An Ordinance Entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, THE
ZONING ORDINANCE, BY AMENDING ARTICLE 6, SECTION
602.10.4, TO MODIFY OFF -SITE PARKING REGULATIONS FOR
THE SD-2 COCONUT GROVE CENTRAL COMMERCIAL
DISTRICT, TO INCLUDE THAT PORTION OF THE ADJACENT G/I
DISTRICT CURRENTLY OCCUPIED BY THE COCONUT GROVE
PLAYHOUSE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
234 November 17, 1998
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 adoption. On motion of Vice Chairman Plummer, seconded by Commissioner
Teele, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: Commissioner Wifredo Gort.
Commissioner Joe Sanchez
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11731.
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 18. I'm sorry, 16 or 18?
Ms. Lourdes Slazyk (Assistant Director, Planning): Seventeen.
Vice Chairman Plummer: Seventeen.
Ms. Slazyk: Seventeen. This is a second reading. It is to allow office uses in existing office structures
within SD-4. It's been recommended approval by the Department, by the Planning Advisory Board and
there's...
Vice Chairman Plummer: Moved by Regalado. Seconded by Sanchez. Read the ordinance.
Commissioner Sanchez: I didn't move anything or second anything.
Vice Chairman Plummer: You didn't second anything.
Commissioner Gort: I'll second it.
Vice Chairman Plummer: All right. Well, we'll just take a recess for 30 minutes and come back. Item 17.
Commissioner Gort: Second.
Vice Chairman Plummer: Motion is moved by Regalado. Seconded...
Commissioner Regalado: Which one?
Vice Chairman Plummer: Guys, Ma'am, Mrs. Jude, I'm trying to bring a meeting to a conclusion. Item 17.
Does the Commission wish to take action or not?
Commissioner Gort: I moved it.
Vice Chairman Plummer: Is there a motion?
Commissioner Gort: I moved it. Second reading.
Vice Chairman Plummer: There's a motion by Commissioner Gort. Is there a second to the matter? For the
235 November 17, 1998
second time, is there a second? For the third...
Commissioner Teele: Second.
Vice Chairman Plummer: Seconded by Commissioner Teele. Is there a discussion on Item 17? Hearing no
discussion, read the ordinance. Motion understood. Nobody wishes to speak on the issue. Call the roll.
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.
Passed on its first reading, by title, at the meeting of October 27, 1998, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Gort, 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. 11732.
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 18,
Ms. Lourdes Slazyk (Assistant Director, Planning): It's first reading. Amendment to SDI, to modify the
setback provisions. We had a request very recently for a variance for a new Walgreen's in Model City.
That's what this is for. And we found out that, the way this ordinance was written about 15 years ago, the
setbacks didn't make any sense. They didn't allow the parking in front of the structure, on the street side, and
for security purposes, they needed it. There are several other projects that are talking to us in this area and
this would allow development to proceed there.
Vice Chairman Plummer: Is there anyone wishing to discuss Item 18? Is there a motion? Is there a
motion?
Commissioner Regalado: Move it.
Vice Chairman Plummer: Moved by Regalado. Is there a second?
Commissioner Sanchez: Second.
236 November 17, 1998
Vice Chairman Plummer: Seconded by Sanchez. Any further discussion? Read the ordinance. Lourdes.
Ms. Slazyk: OK, One more guys. PZ-19.
Vice Chairman Plummer: Whoa, whoa, whoa. Whoa, whoa. I thought you had a comment on 18.
Ms. Slazyk: No.
Vice Chairman Plummer: Then, call the roll on 18.
Mr. Walter Foeman (City Clerk): Roll call. Commissioner Regalado?
Vice Chairman Plummer: Hello.
Mr. Foeman: Commissioner Regalado, roll call.
Commissioner Teele: On 18?
Commissioner Regalado: Yes.
Vice Chairman Plummer: Eighteen.
An Ordinance Entitled -
AN ORDINANCE AMENDING ORDINANCE 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING
ARTICLE 6, SECTION 601, SD-1 MARTIN LUTHER KING BOULEVARD
COMMERCIAL DISTRICT, TO INCREASE MINIMUM YARD
REQUIREMENTS; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Regalado, seconded by Commissioner Sanchez, and was passed in first
reading, by title only, by the following vote:
AYES: Commissioner 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 19. I'm totally opposed to but go ahead. Anybody wish to discuss it?
Commissioner Teele: Move to defer.
Vice Chairman Plummer: Move to defer. I second the motion. Any further discussion?
Commissioner Regalado: No.
237 November 17, 1998
Mr. Joel Maxwell (Assistant City Attorney): Is this the 8th of December?
Vice Chairman Plummer: What?
Mr. Walter Foeman (City Clerk): Is that a continuance?
Mr. Maxwell: Yeah, is it...
Vice Chairman Plummer: It's moved to January what?
Commissioner Teele: Second meeting in January.
Ms. Slazyk: Twenty-sixth.
Vice Chairman Plummer: Second meeting in January. A date certain. OK. I think we're pretty much
finished with the agenda.
Commissioner Teele: Mr. Chairman?
Vice Chairman Plummer: Mr. Teele.
Commissioner Teele: I'd like to ask the Planning Department, when will we have the methodology and the
study of the Third Avenue Business Corridor?
Ms. Dena Bianchino (Assistant City Manager): Commissioner, if I could partially respond to that. We have
put the survey together. I think that we need to have a discussion with CRA (Community Redevelopment
Agency) staff in terms of how you want this to move forward and who you want to undertake it.
Commissioner Teele: I thought the Planning Department was voted on by the Commission to do it.
Ms. Bianchino: If that's your wishes, I can come back to you at the next...
Commissioner Teele: That's what we voted to do.
Ms. Bianchino: We will prepare a response to your request in writing next week, by the end of this week.
Commissioner Teele: Please. Thank you.
Vice Chairman Plummer: All right.
Commissioner Regalado: Before...
Chairman Plummer: Wait a minute. Excuse me. Continue the roll call on 19, that you say we didn't finish.
Unidentified Speaker: (Inaudible).
Vice Chairman Plummer: What?
Unidentified Speaker: You didn't finish it.
Vice Chairman Plummer: Well, finish it.
238 November 17, 1998
Mr. Walter Foeman (City Clerk): OK. You want to do a roll call?
Vice Chairman Plummer: She said we started but we didn't finish.
Mr. Foeman: Yeah, we didn't actually finish.
Vice Chairman Plummer: Well, do a roll call. Do what we've got to do.
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO.98-1159
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-19
(PROPOSED FIRST READING ORDINANCE TO AMEND ZONING ORD.
11000 TO ALLOW SALES OF FRESH FLOWERS FROM MOBILE
VENDING CARTS WITHIN DESIGNATED OPEN AREAS BY CLASS II
SPECIAL PERMIT) TO THE CITY COMMISSION MEETING PRESENTLY
SCHEDULED FRO JANUARY 26, 1999.
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following
vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Commissioner Regalado: OK. Before -- J.L.?
Vice Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Before we go, there's something that we should discuss. I don't know, in the form
of a motion or the direction to the administration. WillieChirino had been talking to the administration.
Chirino is a very popular singer...
Vice Chairman Plummer: Excuse me. If that is not a zoning item, I must adjourn this meeting...
Commissioner Regalado: You must.
Vice Chairman Plummer: OK. Is there any other matter to come before the zoning portion of this hearing?
Commissioner Sanchez: No, sir.
Vice Chairman Plummer: Then, I now show, at 8:50 p.m. the adjournment of the Planning and Zoning
meeting and, for the purposes of discussion only, Mr. Regalado.
Commissioner Regalado: OK. As we all know, there had been a tragedy in Central America, so Willy
239 November 17, 1998
Chirino, who is a very well-known singer, international actor, has decided to get together with the America
Red Cross and they're planning a huge festival in the Orange Bowl. That festival will be broadcasted live by
Univision throughout Latin America and the United States. It would have names like GloriaEstefan and
others that would be on -- I think that it would be on the first week or the second week of December, and
this is why the Commission should send some directions to the administration.
Vice Chairman Plummer: What are you asking?
Commissioner Regalado: What I'm asking is, this is -- they're not going to charge anything. They will,
however, pay for the stage, the lights, the cleaning, and they want to get as much -- they're not going to sell
tickets but accept donations.
Vice Chairman Plummer: What are you asking?
Commissioner Regalado: To waive the rent of the Orange Bowl.
Vice Chairman Plummer: You're asking for the City Manager to come back with a consideration?
Commissioner Regalado: Well, I don't know if we have time for that. I think that, on the 8th, we can make
it. Christina, this is on the...
Ms. Christina Abrams (Director, Public Facilities): I believe the concert date is December 13th.
Commissioner Regalado: December 13th.
Commissioner Sanchez: How about law enforcement?
Vice Chairman Plummer: Well, you've got a bigger problem.
Commissioner Regalado: It's been discussed already.
Vice Chairman Plummer: Tomas, you know, again, as we had with Commissioner Sanchez' motion today, I
think you have a bigger problem of making commitments that we can't keep because the Oversight Board
would overrule us.
Commissioner Regalado: Excuse me.
Vice Chairman Plummer: They've done it in the past.
Commissioner Regalado: Excuse me. I think that we should do this as a test to the Oversight Board.
Commissioner Teele: Well, hold it, hold it.
Commissioner Sanchez: Noway!
Vice Chairman Plummer: Whoa. Oh, boy!
Commissioner Teele: Mr. Chairman, I fully support...
Vice Chairman Plummer: Get out the whip.
Commissioner Teele: No, no, no, no. Really. This is a serious matter.
Vice Chairman Plummer: Wait a minute. Excuse me. Let me stop you.
Commissioner Teele: I fully support what Commissioner Regalado...
Vice Chairman Plummer: Mr. Teele, if anybody's going to make a motion, we've got to have three positive
votes to reopen a Special Commission meeting.
240 November 17, 1998
Commissioner Teele: Mr. Chairman, let me say this. I think this is a very serious matter. I think we should
ask the Manager to give us a report and we should try to reconvene in a Special Meeting, not more than 30
minutes, to approve whatever we're going to approve. This whole issue -- J.L., whether it be next week,
we're going to be back -- after 9:00 tomorrow, we're going to be back in a Special Meeting anyway.
Vice Chairman Plummer: For what? You know something I don't know, obviously.
Commissioner Teele: Yeah. But, in any event, J.L., we really should take this seriously and I think, you
know, if the Oversight Board is not challenged, but we don't make this as an ultimatum, please, to the
Oversight Board but an appeal to the Oversight Board, this is a national-- this hurricane did more damage
than 20 Hurricane Andrews and I really do think that, if we have to spend money, I'm prepared to do it, as a
statement that we really are the capital of this hemisphere.
Commissioner Regalado: Absolutely.
Commissioner Teele: And I think we have an obligation. J.L., I'm just...
Vice Chairman Plummer: All right. The City...
Commissioner Teele: I'm just one person. I will sign the petition for a Special Commission meeting once
the Manager has done all of the staff work and leg work to make sure that we don't come up here and just
start shooting from the hip. But if we have a law enforcement issue we need to deal with, if we have a sound
and we need to identify the budget, where it's going to come from, and the costs, and let's do this
professionally. I think we can get the Oversight Board to support this.
Commissioner Regalado: And we don't need Commissioner Teele to call a special session. I think that, the
fact that the Administration can come up with all the details on the 8th and the fact that, you know, these
people are willing to pay but they want just whatever donations-- mind you, they're not going to sell tickets.
Whatever donations they get, they want the most to reach Central America, and they have done it by the
book. They are using the American Red Cross, who's going to take care of all the donations that would be
coming from throughout the United States.
Vice Chairman Plummer: That has nothing to do with this. What do you want from this Commission to do?
Commissioner Regalado: I understand what you say.
Commissioner Teele: I would like to support Commissioner Regalado and instructing the Manager to do a
detailed analysis of all of the costs and to prepare a resolution...
Commissioner Regalado: And bring it on the 8th.
Commissioner Teele: ... that provides for a waiver or a reimbursement from one account to the next account,
for the maximum amount of expenses that the Manager feels comfortable recommending.
Vice Chairman Plummer: Is that a motion?
Commissioner Regalado: There is a motion. I will...
Vice Chairman Plummer: Then, I will reconvene from the morning session and...
Commissioner Teele: It's a motion for a study. It's not an action.
Vice Chairman Plummer: We cannot, according to the City Attorney, do anything without reconvening.
Commissioner Sanchez: We're playing a reckless game here.
Vice Chairman Plummer: We have reconvened. We are now asking the Manager to find a possible solution
to the problem presented by Mr. Regalado. Is there a second?
241 November 17, 1998
Commissioner Teele: Second.
Vice Chairman Plummer: Second.
Commissioner Teele: But I go a step further. I think we have an obligation to expend money to support this
worthwhile effort. If we're not going to support the Red Cross and the efforts -- we've got 2000 people
killed there in these countries.
Commissioner Sanchez: My gosh!
Commissioner Teele: And I think we have an obligation. And I don't think we ought to be apologetic. We
should go to the Oversight Board and say we, in fact, want to support these countries and support our Red
Cross.
Commissioner Regalado: That's what I say.
Vice Chairman Plummer: Mr. Teele, without question, your motives, everything is of the highest. The
problem is that, once you open that door, everybody else can plea their cases...
Commissioner Teele: J.L., if somebody else has got a hurricane and they got three thousand dead bodies
buried in any part of the world, I'll support it.
Vice Chairman Plummer: All right.
Commissioner Gort: I think...
Commissioner Regalado: And, you know, that's -- J.L?
Vice Chairman Plummer: Wait a minute. We got a motion.
Commissioner Regalado: That's the price...
Vice Chairman Plummer: We got a motion. We got a second. What else?
Commissioner Regalado: That's the price...
Commissioner Teele: A very narrow...
Commissioner Regalado: ...that we have to pay because we're called the capital of the Americas. That's the
price that you have to pay because we are an international city.
Vice Chairman Plummer: I vote for it.
Commissioner Gort: Excuse me, but I think -- Commissioner, I think we should specify a catastrophe has
taken place and that's the reason why we're doing it. This will procure anybody else to come from the
local...
Commissioner Teele: Yeah, it's got to be a legitimate emergency.
Commissioner Regalado: Absolutely. It's an emergency. It's a disaster. And not only that, it's a disaster
that has hit members of this community because...
Vice Chairman Plummer: I read about it every day.
Commissioner Teele: But, J.L...
Commissioner Sanchez: Motion. Call the question. Let's go. Let's vote.
242 November 17, 1998
Vice Chairman Plummer: Wait a minute. Excuse me.
Ms. Dena Bianchino (Assistant City Manager): Can I make a recommendation?
Vice Chairman Plummer: The City Manager wishes to make a comment.
Ms. Bianchino: Yes, I think it would be appropriate for you to approve the fee waiver for the Orange Bowl
at this time. We can put together a package, as Commissioner Teele has recommended, of the total costs,
that way we can go to the Oversight Board. Because if we wait until the 8th, we may not get a response
from the Oversight Board by the 13th, and, then, your people are going to be out of luck.
Commissioner Teele: Amending it to include the waiver for the Orange Bowl.
Vice Chairman Plummer: OK, its now amended. All in favor, say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO.98-1160
A MOTION INSTRUCTING THE CITY MANAGER TO APPROVE A FEE
WAIVER FOR THE USE OF THE ORANGE BOWL FOR A FUND RAISER
BEING COORDINATED BY WILLY CHIRINO ON DECEMBER 13, 1998,
FOR THE PURPOSE OF PROVIDING ASSISTANCE TO VICTIMS OF
DEVASTATION CAUSED BY HURRICANE MITCH IN CENTRAL
AMERICA; FURTHER DIRECTING THE MANAGER TO DO A DETAILED
ANALYSIS REPORT JUSTIFYING SAID WAIVER OR REIMBURSEMENT
OF THE RENTAL OF SAID ORANGE BOWL FACILITY, AND COME
BACK WITH A RECOMMENDATION AT THE COMMISSION MEETING
SCHEDULED FOR DECEMBER 8, 1998.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Thank God. We've got two more minutes. Is there anything else you guys would like
to take up?
Commissioner Gort: Good night.
Vice Chairman Plummer: All right. Listen...
243 November 17, 1998
Commissioner Regalado: What about the special session that Commissioner Teele...
Vice Chairman Plummer: Wait a minute. It's not adjourned. It is not adjourned. Mrs. City Manager, I want
from the Miami Police Department a full and complete of every dollar that the Miami Police Department
had in the fiscal year'97/98. I'm talking about grants. I'm talking about every confiscated dollar. I need to
know what are the total amounts of money that the Miami Police Department had in the fiscal year'97, and
I'd like to have it before the 8th of December.
Ms. Bianchino: OK.
Vice Chairman Plummer: Thank all of you. Good night. We're adjourned.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION,
THE MEETING WAS ADJOURNED AT 8:59 P.M.
ATTEST:
Walter J. Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
JOE CAROLLO.
MAYOR
244 November 17, 1998