HomeMy WebLinkAboutCC 1998-12-08 MinutesCITY OF MIAMI
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COMMISSION
MINUTES
OF MEETING HELD ON DECEMBER 8, 1998 (Regular Commission Meeting)
PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL
Walter J. Foeman/City Clerk
INDEX
MINUTES OF COMMISSION MEETING
December 8, 1998
ITEM NO. SUBJECT LEGISLATION
1. PRESENTATIONS AND PROCLAMATIONS 12/8/98
DISCUSSION
1. LISSETTE GONZALEZ DAY 2-3
2. DR. GUY PEREZ-CISNEROS DAY
3. CERTIFICATE OF RECOGNITION:
ARMANDO BUCELO, SR.
ARMANDO BUCELO, JR.
2. APPROVE TAX EXEMPT LEASE WITH FLORIDA 12/8/98
HEALTH FACILITIES AUTHORITY / G.E. CAPITAL R 98-1161
PUBLIC FINANCE / PAN AMERICAN HOSPITAL CORP. / 4-5
FOR LEASE AND SUBLEASE OF CAPITAL EQUIPMENT
AND IMPROVEMENTS AND REFINANCING OF PRIOR
LOAN FOR $18,000,000.
3. (A) APPROVE STREET CLOSURES -- WAIVE FEES FOR 12/8/98
USE OF PUBLIC RIGHT OF WAY - GRANT VENDING R 98-1162
RIGHTS TO COMMITTEE FOR KING ORANGE 5-8
JAMBOREE PARADE ON DECEMBER 31, 1998
(B) DEFER CONSIDERATION OF AGENDA ITEM PZ1
(PROPOSED MAJOR USE SPECIAL PERMIT FOR
CLOISTERS ON THE BAY PROJECT) UNTIL AFTER 4:30
P.M. SEE LABEL 81.
4. CONSENT AGENDA. 12/8/98
DISCUSSION
8-13
4. 1
ACCEPT BID: APPLIED CONCEPTS, INC., -- FOR
12/8/98
FURNISHING OF STALKER SPEED ENFORCEMENT
R 98-1164
EQUIPMENT - FOR THE DEPARTMENT OF POLICE - AT
14
TOTAL COST NO TO EXCEED $40,800 - ALLOCATE
FUNDS THEREFOR FROM THE LAW ENFORCEMENT
TRUST FUND, ACCOUNT CODE NO. 690003.291234.6.840
($40,000) AND THE U.S. DEPARTMENT OF THE
TREASURY'S "GUIDE TO EQUITABLE SHARING", AND
GENERAL ACCOUNT CODE NO. 001000.290201.6.305
($800).
4.2
ACCEPT BID: VENECON, INC., IN PROPOSED AMOUNT
12/8/98
OF $14,670 - FOR "MIAMI MODERN POLICE
R98-1165
HEADQUARTERS RANGE RENOVATIONS, SECOND
14
BIDDING, B-6268A" - ALLOCATE FUNDS THEREFOR
FROM PROJECT NO. 312015 AS APPROPRIATED BY THE
CAPITAL IMPROVEMENT/APPROPRIATIONS
ORDINANCE NO. 11705, FOR TOTAL COST OF $16,340.
4.3
ACCEPT BID: SECURITY SUPPLY, INC., - FOR RIPP
12/8/98
HOBBLE LEG RESTRAINTS AND CARRYING POUCH -
R 98-1166
FOR DEPARTMENT OF POLICE - AT TOTAL COST NOT
15
TO EXCEED $7,350 - ALLOCATE FUNDS THEREFOR
FROM ACCOUNT CODE NO. 001000.290201.6.722.
4.4
TABLE CONSIDERATION OF CA5 TO LATER IN
12/8/98
MEETING. (ACCEPTING THE BIDS OF ANTHONY
R 98-1167
ABRAHAM CHEVROLET, (NON-MINORITY/LOCAL
15
VENDOR), GUS MACHADO FORD, (HISPANIC/MIAMI-
DADE COUNTY VENDOR), PALMETTO FORD TRUCK,
(NON-MINORITY/MIAMI-DADE VENDOR), MAROONE
CHEVROLET OF FT. LAUDERDALE (NON-
MINORITY/NON-LOCAL VENDOR), AND HOLLYWOOD
CHRYSLER PLYMOUTH JEEP, (NON-MINORITY/NON-
LOCAL VENDOR) FOR THE PROCUREMENT OF POLICE
AND GENERAL FLEET VEHICLES, FOR THE
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION)- SEE LABEL 5
4.5
APPROVE PROCUREMENT OF BANNERS AND SIGNS
12/8/98
FROM AIA SIGNS & SERVICES, INC. - FOR THE
R 98-1168
DEPARTMENT OF GENERAL SERVICES
16
ADMINISTRATION - AT ANNUAL AMOUNT NOT TO
EXCEED $25,000 - ALLOCATE FUNDS THEREFOR FROM
THE CAPITAL IMPROVEMENT PROGRAM, "CITY-WIDE
FACILITY RENOVATIONS AND RESTORATIONS",
PROJECT NO. 311016.
4.6 APPROVE PROCUREMENT OF WELDING GASES AND
LIQUID OXYGEN FROM PRAXAIR DISTRIBUTION
SOUTHEAST LLC - FOR DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION -- AT ANNUAL AMOUNT
NOT TO EXCEED $10,000 - ALLOCATE FUNDS
THEREFOR FROM ACCOUNT CODE NO.
509000.420901.6.702.
4.7 APPROVE MAINTENANCE AND REPAIR SERVICES OF
OVERHEAD ROLL -UP DOORS FROM BEST GARAGE
DOOR, INC., - FOR THE DEPARTMENTS OF FIRE -
RESCUE AND GENERAL SERVICES ADMINISTRATION -
AT ANNUAL AMOUNT NOT TO EXCEED $43,000 -
ALLOCATE FUNDS THEREFOR FROM ACCOUNT CODE
NOS. 001000.280701.6.670 AND 503001.420905.6.670.
4.8 APPROVE PROCUREMENT OF TECHNICAL RESEARCH
AND ADVISORY SERVICES FROM GARTNER GROUP, -
MINORITY/NON-LOCAL VENDOR), FOR DEPARTMENT
OF INFORMATION TECHNOLOGY - ALLOCATE $27,000
THEREFOR FROM ACCOUNT CODE NO.
001000.460101.6.335.
4.9 TABLE CONSIDERATION OF CA 11 TO LATER IN
MEETING (AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH GENUINE PARTS
COMPANY D/B/A NAPA AUTO PARTS, (NON-
MINORITY/MIAMI-DADE COUNTY VENDOR), FOR THE
PROVISION OF IN-HOUSE PARTS OPERATIONS,) - SEE
LABEL 6
4.10 AUTHORIZE PROFESSIONAL SERVICES AGREEMENTS
- FOR LATENT PRINT EXAMINER SERVICES - FOR
POLICE - ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $63,000, FROM POLICE
DEPARTMENT GENERAL OPERATING BUDGET,
ACCOUNT CODE NO. 001000.290201.6.270.
12/8/98
R 98-1169
16
12/8/98
R 98-1170
17
12/8/98
R98-1171
17
12/8/98
R 98-1172
18
12/8/98
R 98-1173
18
4.11
AUTHORIZE CITY MANAGER TO EXECUTE
12/8/98
AGREEMENT, WITH MIAMI-DADE COUNTY,
R 98-1174
INFORMATION TECHNOLOGY DEPARTMENT - TO
19
PROVIDE ACCESS TO MIAMI-DADE COUNTY
CRIMINAL JUSTICE SYSTEM AND MAINTENANCE ON
THE LEASED EQUIPMENT, IN THE ANNUAL AMOUNT
OF $5,760 - FOR POLICE DEPARTMENT - FURTHER
AUTHORIZING PAYMENT OF PENDING INVOICES, IN
THE AMOUNT OF $15,546, TO MIAMI-DADE COUNTY
FOR ACCESS AND MAINTENANCE SERVICES
PREVIOUSLY RENDERED -- ALLOCATING FUNDS
THEREFOR FROM THE POLICE DEPARTMENT'S
GENERAL OPERATING BUDGET, ACCOUNT CODE NO.
001000.290201.6.610.
4.12
AUTHORIZE FUNDING OF BOYS & GIRLS CLUB OF
12/8/98
MIAMI, INC., IN AN AMOUNT NOT TO EXCEED $100,000
R 98-1175
- ALLOCATE FUNDS THEREFOR FROM THE LAW
19
ENFORCEMENT TRUST FUND.
4.13
TABLE TO LATER IN MEETING CONSIDERATION OF
12/8/98
AGENDA ITEM CA15 (AUTHORIZING THE
R 98-1176
ALLOCATION OF SEVEN THOUSAND ($7,000)
20
DOLLARS FROM THE TWENTY-FOURTH (24TH) YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
(PROJECT 799602), FOR THE REHABILITATION OF FIVE
(5) BUSINESSES LOCATED IN THE DOWNTOWN AREA
UNDER THE CITY-WIDE COMMERCIAL FACADE
PROGRAM) - SEE LABEL 82.
5.
ACCEPT ANTHONY ABRAHAM CHEVROLET BID / GUS
12/8/98
MACHADO FORD / PALMETTO FORD TRUCK /
R 98-1177
MAROONE CHVROLET OF FT. LAUDERDALE /
20-21
HOLLYWOOD CHRYSLER PLYMOUTH JEEP - FOR
POLICE AND GENERAL FLEET VEHICLES - FOR
GENERAL SERVICES ADMINISTRATION - ALLOCATE
$2,155,292.07 FROM VARIOUS SPECIAL REVENUE AND
CAPITAL IMPROVEMENT PROJECTS. -- SEE LABEL 4.
6.
APPROVE AGREEMENT WITH GENUINE PARTS
12/8/98
COMPANY / NAPA AUTO PARTS - FOR IN-HOUSE
R 98-1178
PARTS OPERATIONS - ALLOCATE $1,523,236.50 FROM
21-22
GENERAL SERVICES ADMINI - SEE LABEL 4
7. COMMENTS CONCERNING ORDER OF DAY - DIRECT 12/8/98
CITY CLERK TO PROVIDE ADMINISTRATIVE LIST OF DISCUSSION
ITEMS WHICH SHOULD HAVE BEEN INCLUDED IN 22-25
DECEMBER 8, 1998 AGENDA.
8. RATIFY INTENT OF RESOLUTION 98-933, AUTHORIZING 12/8/98
REALLOCATION OF COMMUNITY DEVELOPMENT R 98-1179
BLOCK GRANT FUNDS TO GREATER MIAMI 25-48
NEIGHBORHOOD ALLOCATION AS TRUSTEE FOR
BASIC TRAINING ACADEMY - FOR PURPOSE OF
ACQUIRING AND STABILIZING PROPERTY LOCATED
AT 420 NW 10 STREET - FURTHER AMENDING
RESOLUTION 98-933 TO DECREASE CDBG FUNDING
ALLOCATION FOR SAID PURPOSE FROM $300,000 TO
$200,000, SUBJECT TO CONDITIONS - MANAGER
WORKING WITH THE U.S. ATTORNEY AND STATE
ATTORNEY IN ASCERTAINING WHETHER THERE HAS
BEEN ANY IMPROPRIETY IN CONNECTION WITH SAID
TRANSACTION; INCLUSION OF A REVERTER CLAUSE
WHEREIN IF PROPERTY CEASES TO BE USED FOR
AFFORDABLE HOUSING, IT WOULD COME BACK TO
THE CITY; A ONE YEAR TIME FRAME TO SUBMIT A
DEVELOPMENT PLAN AND FINANCING TO SECURE
RENOVATIONS; COMPLETION OF ALL COMMUNITY
DEVELOPMENT DOCUMENTS AS A PREREQUISITE TO
SECURING FUNDING; ENSURING THAT REMAINING
EQUITY COMES BACK TO THE CITY TO PAY OFF ANY
OUTSTANDING DEBT OWED BY THE PROPERTY
OWNER..
9. RESCIND 1997-98 EMERGENCY SHELTER GRANT (ESG) 12/8/98
ALLOCATION IN THE AMOUNT OF $80,000 TO THE R 98-1180
CHRISTIAN COMMUNITY SERVICE AGENCY, INC. - 49-50
REALLOCATE SAID FUNDS TO CITY OF MIAMI
HOMELESS PROJECT.
10. AUTHORIZE / DIRECT CITY MANAGER TO 12/8/98
ALLOCATE $1,137,020 -- FOR PURPOSE OF PAYING R 98-1181
DEBT SERVICE DUE ON CITY OF MIAMI SECTION 51-52
108 LOANS TO BE PROVIDED TO THE U.S. - FOR
DADE FOREIGN TRADE ZONE, INC., DEVELOPER /
WYNWOOD FOREIGN TRADE ZONE COMPLEX
(PROJECT NO. 695002-$366,269) / THE CITADEL ARENA
CORPORATION, INC. DEVELOPER FOR THE CITADEL
RESTAURANT AND OFFICE BUILDING (PROJECT NO.
695001-$330,331) / AND THE CITY -SPONSORED
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT DISTRICT (PROJECT NO. 210000-
$440,420) - ALLOCATE FUNDS THEREFOR FROM
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM LINE OF CREDIT - FURTHER DIRECT CITY
MANAGER TO CONDUCT CREDIT AND BACKGROUND
CHECKS ON AFORMENTIONED INDIVIDUALS.
11. APPROVE WITH MODIFICATIONS EMERGENCY
12/8/98
ORDINANCE ESTABLISHING NEW SPECIAL REVENUE
ORDINANCE 11733
FUND, ENTITLED: LOCAL LAW ENFORCEMENT
53-56
BLOCK GRANT III PROGRAM", AND APPROPRIATING
FUNDS FOR THE OPERATION OF SAME, IN THE
AMOUNT OF $3,937,993 -- CONSISTING OF A GRANT
FROM THE U.S. DEPARTMENT OF JUSTICE, IN THE
AMOUNT OF $3,544,194, AND REQUIRED MATCHING
FUNDS FROM THE CITY, IN THE AMOUNT OF $393,799
FROM THE POLICE DEPARTMENT GENERAL
OPERATING BUDGET, ACCOUNT CODE NO.
001000.290301.6.050.
12. (A) RATIFY, APPROVE, CONFIRM CITY MANAGER'S
12/8/98
FINDING OF EMERGENCY - APPROVE EMERGENCY
R 98-1182
CONSTRUCTION OF STORMWATER DRAINAGE
56-60
SYSTEM FOR PROJECT ENTITLED "N.W. 25 AVENUE
EMERGENCY STORM SEWER, B-5642" BY PNM
CORPORATION, IN THE AMOUNT OF $114,190 -
ALLOCATE FUNDS THEREFOR FROM PROJECT NO.
352231, AS APPROPRIATED BY THE FISCAL YEAR 1998-
99 CAPITAL IMPROVEMENT ORDINANCE NO. 11705.
(B) COMMENTS CONCERNING ADHERENCE TO
TIMETABLE FOR SIDE WALK REPAIRS.
13. REFER TO STREET CODESIGNATION COMMITTEE
12/8/98
RENAMING COMSTOCK PARK TO JUAN PABLO
DISCUSSION
DUARTE PARK - SEE LABEL 15.
60-61
14 DEFER / RECONSIDER DEFERRAL OF ESTABLISHMENT
12/8/98
OF COMMUNITY RELATIONS BOARD AT 3 P.M. - SEE
DISCUSSION
LABEL 18.
61-62
15. RECONSIDER AGENDA ITEM 7 (RENAMING OF 12/8/98
COMSTOCK PARK TO JUAN PABLO DURATE PARK) - DISCUSSION
SCHEDULE AS PUBLIC HEARING FOR NEXT MEETING 62
AGEND - SEE LABEL 13.
16. COMMENTS CONCERNING ITEM INADVERTENTLY 12/8/98
EXCLUDED FROM DECEMBER 8, 1998 AGENDA DISCUSSION
RELATED TO PUBLIC WORKS: APPROVAL OF DESIGN 63
BILL CONTRACT PURSUANT TO SAFE
NEIGHBORHOODS BOND ISSUE.
17. AUTHORIZE ALCOHOLIC BEVERAGES DURING 12/8/98
NATIONSBANK COCONUT GROVE ARTS FESTIVAL, R 98-1183
FEBRUARY 13-15, 1999. 63-65
18.
DEFER CONSIDERATION OF AGENDA ITEM 11
12/8/98
(PROPOSED AMENDMENT OF CHAPTER 2/ARTICLE XI
M 98-1184
OF CODE TO ESTABLISH COMMUNITY RELATIONS
66-67
BOARD) TO NEXT COMMISSION MEETING — SEE
LABEL 14.
19.
PERSONAL APPEARANCE: MR. KEVIN C. SMITH,
12/8/98
PARADE OPERATIONS COORDINATOR, - GRANT
M 98-1185
DEFERMENT OF PAYMENT TO THE CITY OF MIAMI
67-68
POLICE DEPARTMENT FORT SERVICES AT KING
ORANGE BOWL PARADE, DECEMBER 31, 1998.
20.
APPROVE SECOND READING ORDINANCE AMENDING
12/8/98
SECTION 14-52(c) OF CODE, TO ESTABLISH
ORDINANCE 11734
EXPIRATION DATE FOR TERMS OF OFFICE FOR
68-69
MEMBERS OF THE BOARD OF DIRECTORS OF THE
DOWNTOWN DEVELOPMENT AUTHORITY.
21.
APPROVE SECOND READING ORDINANCE AMENDING
12/8/98
CHAPTER 2, ARTICLE XI, OF CODE ENTITLED
ORDINANCE 11735
"ADMINISTRATION/BOARDS, COMMITTEES,
69-70
COMMISSIONS," AND CHAPTER 14, ARTICLE V,
ENTITLED "DOWNTOWN DEVELOPMENT/SOUTHEAST
OVERTOWN/PARKWEST REDEVELOPMENT DISTRICT
AND COMMUNITY REDEVELOPMENT AGENCY",
DISTRICT, TO ESTABLISH THE INDEPENDENT
COMMUNITY REDEVELOPMENT AGENCY AND U.S.
HOUSING AND URBAN DEVELOPMENT FUNDING
POLICY, PROGRAM AND PROCEDURES REVIEW
COMMITTEE.
22.
AMEND CODE CHAPTER 14 "DOWNTOWN
12/8/98
DEVELOPMENT / SOUTHEAST OVERTOWN / PARK
ORDINANCE 11736
WEST REDEVELOPMENT DISTRICT AND COMMUNITY
71-72
REDEVELOPMENT AGENCY" AMEND OMNI CRA TO
PROVIDE ADDITIONAL FUNDING AND TO PROVIDE
SUNSET EVALUATION AND REVIEW OF CRA — ADD 14-
310 AND 14-311.
23.
DEFER TO NEXT MEETING CONSIDERATION OF
12/8/98
AGENDA ITEM 14 ( FIRST READING ORDINANCE
M 98-1186
AMENDING CHAPTER 2/ARTICLE XI OF THE CODE OF
73
THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "ADMINISTRATION/BOARDS,
COMMITTEES, COMMISSIONS, TO ESTABLISH THE
UNITY COUNCIL OF MIAMI ("TUCOM").
24. APPROVE FIRST READING ORDINANCE
ESTABLISHING NEW SPECIAL REVENUE FUND
ENTITLED "NEIGHBORHOOD YOUTH JUSTICE
PROGRAM," AND APPROPRIATING FUNDS FOR THE
OPERATION OF THE PROGRAM, IN THE AMOUNT OF
$76,992, CONSISTING OF A GRANT FROM THE
FLORIDA DEPARTMENT OF JUVENILE JUSTICE TO BE
ADMINISTERED BY THE SOUTHWEST COCONUT
GROVE NET SERVICE CENTER.
25
CHESS AWARD.
26. APPROVE FIRST READING ORDINANCE AMENDING
CHAPTER 22/ARTICLE IV., OF CODE ENTITLED
"GARBAGE AND OTHER SOLID WASTE/LOT
CLEARING", - TO SET FORTH PROHIBITIONS
RELATING TO OVERGROWN AND DEBRIS LADEN
LOTS - PROVIDE FOR OFFICIAL NOTIFICATION OF
VIOLATION AND FOR NON-COMPLIANCE REMEDIES.
27. APPROVE FIRST READING ORDINANCE AMENDING
ORDINANCE NO. 11478, WHICH ESTABLISHED INITIAL
RESOURCES AND INITIAL APPROPRIATIONS FOR
SPECIAL REVENUE FUND ENTITLED "S.T.O.P.
PROGRAM," --INCREASE SAID APPROPRIATION IN THE
AMOUNT OF $45,425, CONSISTING OF GRANT FROM
THE U.S. DEPARTMENT OF JUSTICE.
28. AUTHORIZE CITY MANAGER TO AMEND EXISTING
AGREEMENT WITH LAW ENFORCEMENT
PSYCHOLOGICAL AND COUNSELING ASSOCIATES,
INC., TO INCREASE PROVISION OF STRESS TRAINING
SERVICES -- FOR DEPARTMENT OF POLICE --
ALLOCATE FUNDS THEREFOR FROM THE SPECIAL
REVENUE FUND ENTITLED "S.T.O.P. PROGRAM" FOR
SAID SERVICES.
29. APPROVE FIRST READING ORDINANCE AMENDING
SECTION VI OF CITY'S GENERAL APPROPRIATIONS
ORDINANCE NO. 11705 ADOPTED SEPTEMBER 28, 1998,
BY REVISING, CONTINUING AND INCLUDING NEW
CAPITAL IMPROVEMENT PROJECTS FOR FY 1998-99 IN
THE GENERAL GOVERNMENT, PUBLIC SAFETY,
SOCIAL AND ECONOMIC ENVIRONMENT, PARKS AND
RECREATION, TRANSPORTATION AND PHYSICAL
ENVIRONMENT PROGRAM AREAS.
12/8/98
FIRST READING
ORDINANCE
74-75
12/8/98
DISCUSSION
75
12/8/98
FIRST READING
ORDINANCE
75-76
12/8/98
FIRST READING
ORDINANCE
76-77
12/8/98
R 98-1187
77-79
12/8/98
FIRST READING
ORDINANCE
79-80
30. APPROVE FIRST READING ORDINANCE AMENDING
SECTIONS 1, 3 AND 5 OF ORDINANCE NO. 11553, AS
AMENDED, THE ANNUAL APPROPRIATIONS
ORDINANCE FOR FISCAL YEAR ENDING SEPTEMBER
30, 1998 - FOR PURPOSE OF INCREASING SAID
APPROPRIATIONS RELATING TO OPERATIONAL AND
BUDGETARY REQUIREMENTS OF CERTAIN CITY
DEPARTMENTS. - DIRECT CITY MANAGER TO
PROVIDE MONTHLY REPORTS ON OVERTIME USAGE.
31. APPROVE FIRST READING ORDINANCE AMENDING
SECTION 38-8 OF CODE TO ELIMINATE ADDITIONAL
TEN PERCENT CHARGED ON TICKET SALES FOR
EVENTS SPONSORED BY NON-PROFIT
ORGANIZATIONS AT THE MANUEL ARTIME
COMMUNITY CENTER.
32. DEFER CONSIDERATION OF AGENDA ITEM 22
(PROPOSED FIRST READING ORDINANCE AMENDING
SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI,
ENTITLED: "ORDER OF BUSINESS AND RULES OF
PROCEDURE" TO VEST THE RESPONSIBILITY OF
AGENDA PREPARATION WITH THE CITY ATTORNEY)
TO FUTURE DATE.
12/8/98
FIRST READING
ORDINANCE
81-87
12/8/98
FIRST READING
ORDINANCE
87-89
12/8/98
M 98-1188
89-93
33. (A) RELATING TO THE INDIAN RIVER INVESTMENTS
HOUSING PROJECT, OWNED BY INDIAN RIVER
INVESTMENTS MANAGEMENT CO., INC., IN
OVERTOWN TARGET AREA - AUTHORIZE / DIRECT
CITY MANAGER TO: (1) WAIVE APPROXIMATELY
$154,243.44, IN PAST DUE INTEREST PAYMENTS AND
$11,918.79, IN LATE FEES, ASSOCIATED WITH THE
CITY'S OUTSTANDING COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM LOAN IN THE PRINCIPAL
AMOUNT OF APPROXIMATELY $677,993.91; (2) ALLOW
FOR SALE OF AFOREMENTIONED HOUSING PROJECT
AND TRANSFER AND/OR ASSIGNMENT OF THE
SECTION 8 MODERATE REHABILITATION PROGRAM
HOUSING ASSISTANCE PAYMENTS CONTRACT TO
PROSPECTIVE PURCHASER, IF APPLICABLE; AND (3)
EXECUTE ALL NECESSARY DOCUMENTS - FURTHER
DIRECT CITY MANAGER TO CERTIFY THAT ALL
APPLICABLE STATUTES AND CODES HAVE BEEN
COMPLIED AS IT PERTAINS TO AFOREMENTIONED
PROJECT
(B) ESTABLISH POLICY TO CONDUCT CRIMINAL
BACKGROUND CHECKS OF PARTIES REQUESTING
DISBURSEMENT OF CITY FUNDS.
(C) INSTRUCT CITY MANAGER NOT TO EXECUTE
TRANSACTION WITH INDIAN RIVER INVESTMENT
MANAGEMENT COMPANY, INC. UNTIL PERSONALLY
SATISFIED WITH SAID HOUSING PROJECT.
(D) COMMENTS REGARDING DISCLOSURE RELATED
TO INDIAN RIVER HOUSING PROJECT.
34. AWARD FUNDING IN AMOUNT OF TWO MILLION
FOUR HUNDRED THOUSAND DOLLARS ($2,400,000) TO
MIAMI-DADE COUNTY'S OFFICE OF COMMUNITY
SERVICES (SERVICE PROVIDER) - FOR PROVISION OF
UTILITIES ASSISTANCE TO VERY LOW INCOME
PERSONS LIVING WITH HIV/AID -- ALLOCATING
FUNDS FROM THE FY 1998 HOUSING OPPORTUNITIES
FOR PERSONS WITH AIDS (HOPWA) PROGRAM GRANT
(ACCOUNT NO. 194006.590606.6860.94654), FOR THE
PROVISION OF SAID SERVICE.
12/8/98
R 98-1189
M 98-1190
M 98-1191
94-103
12/8/98
R 98-1192
103-107
35.
RATIFY / APPROVE / CONFIRM CITY MANAGER'S
12/8/98
ACTION IN APPROVING EMERGENCY EXTENSION OF
R 98-1193
CONTRACTS WITH ADVANCED DATA PROCESSING
108-109
AND MEDAPHIS, INC. - FOR PROVISION OF
EMERGENCY MEDICAL TRANSPORT BILLING AND
COLLECTION SERVICES, ON A MONTHLY BASIS - NOT
TO EXCEED SIX (6) MONTHS - FOR DEPARTMENT OF
FIRE -RESCUE, IN AN AMOUNT OF $150,000 -
ALLOCATING FUNDS THEREFOR FROM ACCOUNT
CODE NO. 001000.280601.6.340.
36.
AUTHORIZE INCREASE IN AGGREGATE AMOUNT NOT
12/8/98
TO EXCEED $40,000 ANNUALLY, IN CONTRACTS WITH
R 98-1194
FLORIDA DETROIT DIESEL-ALLISON, INC., RELIABLE
110-111
REPAIRS, AND PITTS ENGINE & TRANSMISSION,
APPROVED PURSUANT TO RESOLUTION NO. 97-853 -
FOR AUTOMATIC TRANSMISSION EXCHANGES OR
OVERHAULS FOR LIGHT FLEET VEHICLES, MID -SIZE
TRUCKS, AND HEAVY EQUIPMENT - FOR
DEPARTMENTS OF GENERAL SERVICES
ADMINISTRATION AND FIRE RESCUE - ALLOCATING
FUNDS THEREFOR FROM ACCOUNT CODE NOS.
509000.420901.6.670 ($30,000) AND 001000.280701.6.670
($10,000).
37.
RATIFY / APPROVE / CONFIRM CITY MANAGER'S
12/8/98
FINDING OF EMERGENCY- APPROVE EMERGENCY
R 98-1195
PROCUREMENT OF TECHNICAL COMMUNICATIONS
111-112
SERVICES FROM MOTOROLA, INC. - FOR GENERAL
SERVICES ADMINISTRATION -- IN AMOUNT OF
$13,000 - ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NO. 506000.420601.6.670. - DIRECT
CITY MANAGER TO REVIEW ACCURACY OF POLICE
RADIOS.
38.
DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM
12/8/98
28 (ACCEPTING THE BID OF INTEGRATED CLEANING
DISCUSSION
SYSTEMS FOR THE LEASE OF AN AUTOMATED CAR
113-115
WASH SYSTEM, FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION).
39.
ALLOCATE AN AMOUNT NOT TO EXCEED $18,000
12/8/98
FROM FY `98-99 BUDGETED FUNDS OF THE CIVIL
R 98-1196
SERVICE OFFICE, ACCOUNT NO. 240101-250 - FOR
115-116
PAYMENT OF COMPENSATION TO SPECIAL COUNSEL
TO CIVIL SERVICE BOARD.
40.
ALLOCATE AN AMOUNT NOT TO EXCEED $18,000
12/8/98
FROM FY `98-99 BUDGETED FUNDS OF THE OFFICE OF
R 98-1197
HEARING BOARDS, ACCOUNT CODE NO. 820101-250 -
116-117
FOR PAYMENT OF COMPENSATION TO SPECIAL
COUNSEL FOR CODE ENFORCEMENT BOARD.
41.
ALLOCATE AN AMOUNT NOT TO EXCEED $18,000
12/8/98
FROM SPECIAL PROGRAMS AND ACCOUNTS,
R 98-1198
ACCOUNT NO. 820101.25 - FOR PAYMENT OF
117-118
COMPENSATION TO SPECIAL COUNSEL, FOR
NUISANCE ABATEMENT BOARD.
42.
(A) SETTLEMENT: IVEY KEARSON, JR., $87,000.
12/8/98
(B) PAYMENT OF LEGAL FEES: WEISS SEROTA
R 98-1199
HELFMAN PASTORIZA & GUEDES FOR IVEY KEARSON
R 98-1200
LAWSUITS, $50,000.
118-126
43.
APPROVE INCREASE IN CONTRACT WITH MINOLTA
12/8/98
BUSINESS SYSTEMS, IN THE AMOUNT OF $6,365.28 -
R 98-1201
FOR LEASE OF TWO MICROFILM READER/PRINTERS -
127
FOR THE DEPARTMENT OF POLICE - FOR TOTAL COST
NOT TO EXCEED $21,257.84 - ALLOCATE FUNDS
THEREFOR FROM ACCOUNT CODE NO.
001000.290201.6.610.
44.
RATIFY / APPROVE / CONFIRM / CITY MANAGER'S
12/8/98
FINDING OF EMERGENCY - APPROVE EMREGENCY
R 98-1202
PURCHASE OF MOTOROLA XTS 3000 DIGITAL
128-129
PORTABLE RADIOS FROM MOTOROLA, INC - FOR
POLICE - ALLOCATE $195,439.50 FROM LAW
ENFORCEMENT BLOCK GRANT I / LAW
ENFORCEMENT BLOCK GRANT II / CAPITAL
IMPROVEMENT PROGRAM PROJECT 312028.
45.
AUTHORIZE EXECUTION OF CONTRACT WITH MIAMI-
12/8/98
DADE COMMUNITY COLLEGE, SCHOOL OF JUSTICE
R 98-1203
AND SAFETY ADMINISTRATION - FOR AN INITIAL
130-131
PERIOD FROM FEBRUARY 1998 TO SEPTEMBER 30,
1998 - FOR THE SUM OF $130,000 AND THEREAFTER
ONE YEAR PERIODS FOR FIVE YEARS, RENEWABLE
ANNUALLY, IN AN AMOUNT NOT TO EXCEED $293,420
- FOR TRAINING OF POLICE RECRUITS AND PUBLIC
SERVICE AIDES - ALLOCATE FUNDS THEREFOR FROM
THE POLICE DEPARTMENT GENERAL OPERATING
BUDGET, ACCOUNT NO. 001000.290201.6.270 (FY 97-98,
$130,000, AND FY 98-99, $293,420.
46. AUTHORIZE INCREASE, IN ANNUAL AMOUNT NOT TO
EXCEED $150,000 ANNUALLY, IN THE CONTRACT
WITH APRICOT OFFICE SUPPLIES, APPROVED
PURSUANT TO RESOLUTION NO. 98-92 - FOR
PROCUREMENT OF OFFICE SUPPLIES FOR VARIOUS
CITY DEPARTMENTS - ALLOCATE FUNDS THEREFOR
FROM THE FY `98-99 OPERATING BUDGETS OF
VARIOUS USER DEPARTMENTS. - DIRECT CITY
MANAGER TO PROVIDE REPORT CONCERNING
PERCENTAGE OF BIDS AND CONTRACTS AWARDED
TO AFRICAN-AMERICANS.
47. (A) DETERMINE THAT UNIFIED DEVELOPMENT
PROJECT IS THE MOST ADVANTAGEOUS METHOD TO
DEVELOP NORTHWEST QUADRANT OF WATSON
ISLAND, INCLUDING THE WATSON ISLAND MARINA,
LOCATED AT 1040 MCARTHUR CAUSEWAY, WATSON
ISLAND - AUTHORIZE CITY MANAGER TO PREPARE
DRAFT REQUEST FOR PROPOSALS ("RFP") FOR SAID
UDP, -- CONFIRM PUBLIC HEARING WILL BE HELD TO
TAKE TESTIMONY REGARDING SAID UDP.
(B) DEFER CONSIDERATION OF AGENDA ITEM 39
(PROPOSED DEVELOPMENT OF IMPROVEMENTS ON
BICENTENNIAL PARK) - FOR FURTHER
CONSIDERATION - DIRECT CITY ATTORNEY TO
DRAFT ORIDNANCE FOR FEBRUARY MEETING
REQUIRING PUBLIC HEARINGS FOR UNIFIED
DEVELOPMENT PROJECTS NOTICES.
48. AUTHORIZE PURCHASE OF LITTER CONTAINERS
FROM WAUSAU TILE, INC., - FOR DEPARTMENT OF
SOLID WASTE - IN AMOUNT NOT TO EXCEED $400,000,
UNDER AN EXISTING STATE NEGOTIATED
AGREEMENT PRICE SCHEDULE (SNAPS) #2101242 -
ALLOCATE FUNDS THEREFOR FROM THE CAPITAL
IMPROVEMENT PROGRAM (CIP), "CITYWIDE LITTER
CONTAINER ACQUISITION PROGRAM", PROJECT NO.
353012 - DIRECT CITY MANAGER TO DISTRIBUTE
TRASH RECEPTACLES EQUALLY THROUGHOUT CITY.
12/8/98
R 98-1204
131-133
12/8/98
R 98-1205
M 98-98-1206
133-138
12/8/98
R 98-1207
139-141
49. (A) AUTHORIZE PAYMENT TO METROPOLITAN DADE 12/8/98
COUNTY - FOR DISPOSAL OF CERTAIN SOLID WASTE R 98-1208
COLLECTED IN AND BY THE CITY OF MIAMI IN AN 141-145
AMOUNT NOT TO EXCEED $8.2 MILLION) - PURSUANT
TO INTERLOCAL AGREEMENTS ENTERED INTO ON
SEPTEMBER 29, 1995, BY AND BETWEEN THE CITY OF
MIAMI AND METROPOLITAN DADE COUNTY,
FLORIDA, - ALLOCATE FUNDS THEREFOR FROM
ACCOUNT CODE NO. 422001.320302.531
(B) COMMENTS CONCERNING PRIVATE (SOLID
WASTE) HAULERS -FURTHER COMMENTS ON FUNDS
COLLECTED FROM RESIDENTS FOR COLLECTION
AND DISPOSAL OF GARBAGE.
50. DISCUSS STATUS OF DISPUTE AND TERMS OF 12/8/98
AGREEMENT TO SETTLE LITIGATION, BETWEEN DISCUSSION
CITY OF MIAMI AND PAN AM AIR BRIDGE, FORMERLY 145
KNOWN AS CHALK'S INTERNATIONAL AIRLINES.)
51. DISCUSS / DEFER TO MEETING OF JANUARY 12, 1999 12/8/98
DISCUSSION CONCERNING NEWSRACK ORDINANCE. DISCUSSION
145
52. DISCUSS FORMATION OF CHARTER REFORM REVIEW 12/8/98
COMMITTEE BY MAYOR / COMMISSIONERS -- SEE DISCUSSION
LABELS 62 AND 83. 146
53. DEFER DISCUSSION OF ANNUAL COSTS FOR ALL CITY 12/8/98
BOARDS TO MEETING OF JANUARY 12, 1999. DISCUSSION
146-147
54. GRANT 18 MONTH EXTENSION REQUEST FROM 12/8/98
FLORIDA HOUSING COOPERATIVE, INC. TO BEGIN M 98-1209
CONSTRUCTION OF BARCELONA PLACE HOUSING 147-148
PROJECT AT 1025 WEST FLAGLER STREET.
55. (A) GRANT APPROVAL FOR $500,000 LOAN FROM
12/8/98
STATE HOUSING INVESTMENT PROGRAM HOME
R 98-1210
FUNDS - FOR WYNWOOD TOWERS HOUSING PROJECT
R 98-1210.1
- SUBJECT TO LOW INCOME HOUSING TAX CREDITS
R 98-1211
FROM STATE OF FLORIDA.
148-156
(B) GRANT APPROVAL FOR $500,000 LOAN FROM
STATE HOUSING INVESTMENT PROGRAM HOME
FUNDS - FOR GATEHOUSE PROJECT, SUBJECT TO LOW
INCOME HOUSING TAX CREDITS FROM STATE OF
FLORIDA.
(C) APPROVE $320,000 GRANT FROM HOPWA FUNDS -
FOR EVERGLADES APARTMENTS PROJECT.
56. DISCUSS CITY'S LEGISLATIVE PRIORITIES - REDUCE 12/8198
LIST TO FIVE PRIORITIES PER COMMISSIONER. DISCUSSION
156-158
57. APPOINT RON CORDON TO PROPERTY AND ASSET 12/8/98
REVIEW COMMITTEE. R 98-1212
158
58. APPOINT CERTAIN INDIVIDUALS TO COCONUT 12/8/98
GROVE PARKING ADVISORY COMMITTEE. R 98-1213
159
59. APPOINT CERTAIN INDIVIDUALS TO HISTORIC AND 12/8/98
ENVIRONMENTAL PRESERVATION BOARD. R 98-1214
R 98-1215
160-162
60. APPOINT STEVEN POLIAKOFF TO PLANNING 12/8/98
ADVISORY BOARD. R 98-1216
162-166
61. DIRECT CITY MANAGER TO SCHEDULE PUBLIC
HEARING AT NEXT REGULAR COMMISSION MEETING
IMMEDIATELY FOLLOWING MEETING WHERE
COMMISSION EXPRESSES DESIRE TO REALLOCATE /
REPROGRAM U.S. HOUSING AND URBAN
DEVELOPMENT FUNDS.
62. (A) ESTABLISH CITY CHARTER REVIEW AND REFORM
COMMITTEE - FOR CHARTER REVIEW OF CITY AS
WELL AS PROPOSALS FORWARDED BY COMMISSION
AND / OR MAYOR - APPOINT COMMISSIONER GORT
AS CHAIRPERSON OF COMMISSION CHARTER REVIEW
COMMITTEE. - SEE LABELS 52 AND 83.
(B) COMMISSION APPOINTS VICTOR DE YURRE /
RALPH PACKING1 AM / ELIZABETH MCBRIDE TO
COMMISSION CHARTER REVIEW COMMITTEE. - SEE
LABELS 52 AND 83.
12/8/98
R 98-1217
166-168
12/8/98
R 98-1218
R 98-1219
168-174
63. DEFER DISCUSSION PROPOSING 32 HOUR 12/8/98
WORKWEEK. DISCUSSION
174-175
64. DIRECT CITY MANAGER TO PROVIDE REPORT 12/8/98
INDICATING IMPACT OF TERMINATING CURRENT DISCUSSION
CIGNA HEALTH PLAN CONTRACT AND ISSUING 175-179
REQUEST FOR QUALIFICATIONS FOR HEALTH CARE
INSURANCE PROVIDERS -- FURTHER REQUESTING
MANAGER TO INCLUDE AS DISCUSSION ITEM IN
JANUARY, 1999 COMMISSION AGENDA.
65. AUTHORIZE PROFESSIONAL SERVICE AGREEMENT 12/8/98
WITH HOWARD GAZZO COURT - ALLOCATE $44,000 R 98-1220
FROM POLICE BUDGET ACCOUNT 001000.290201.6.270. 179-180
66. ACCEPT PLAT: DENNIS SUBDIVISION. 12/8/98
R 98-1221
180-181
67. APPOINT PABLO PEREZ CISNEROS TO CITYWIDE 12/8/98
COMMUNITY DEVELOPMENT ADVISORY BOARD. R 98-1222
181-182
68. APPOINT JORGE CARVALHO EXECUTIVE DIRECTOR 12/8/98
OF INTERNATIONAL TRADE BOARD - ALLOCATE R 98-1223
$40,000 FROM ITB 1998-1999 BUDGET ACCOUNT 182-183
001000.921084.6.270.
69. APPOINT KARINA GARCIA ADMINISTRATIVE 12/8/98
ASSISTANT FOR INTERNATIONAL TRADE BOARD - R 98-1224
ALLOCATE $25,000 FROM ITB BUDGET ACCOUNT 183-184
01000.921084.6.270.
70. EXECUTE INTERLOCAL AGREEMENT WITH MIAMI- 12/8/98
DADE COUNTY - FOR CITY'S PARTICIPATION IN R 98-1225
LOCAL HAZARD MITIGATION STRATEGY PROGRAM - 184-185
ACCEPT $75,000 FROM STATE OF FLORIDA FOR
RELATED EMERGENCY MANAGEMENT AND HAZARD
MITIGATION PROJECTS.
71. GRANT WITH CONDITIONS REQUEST FROM LAZARO 12/8/98
ALBO FOR 90 DAY EXTENSION REINSTATING R 98-1226
AGREEMENT WITH LATIN AMERICAN GOURMET 185-191
RESTAURANT.
72. BRIEFLY DISCUSS / TABLE TO LATER IN SESSION 12/8/98
AGENDA ITEM 32 ( AUTHORIZE PAYMENT FOR LEGAL DISCUSSION
SERVICES IN CONNECTION WITH DECOMA MIAMI 191
ASSOCIATES LTD LAWSUIT) - SEE LABEL 74.
73. (A) DIRECT CITY MANAGER TO PROVIDE 12/8/98
COMMISSIONERS AND MAYOR LIST OF ITEMS DISCUSSION
INCLUDED IN COMMISSIONER TEELE'S 191-192
ADMINISTRATIVE LIST NOT INCLUDED IN DECEMBER
8, 1998 AGENDA - FURTHER REQUESTING MANAGER
TO PROVIDE RATIONALE FOR EXCLUDING THEM
FROM AGENDA.
(B) DIRECT CITY MANAGER TO PROVIDE MAYOR
AND COMMISSIONERS WITH LIST OF HOUSING
PROJECTS IN DEFAULT ALONG WITH
CORRESPONDING TRANSCRIPTS.
74.
AUTHORIZE $19,100 PAYMENT FOR LEGAL SERVICES
12/8/98
TO DAVIS, SCOTT, WEBER & EDWARDS (DAVIS) IN
R 98-1227
CONNECTION WITH DECOMA MIAMI ASSOCIATES
192-193
LTD VS CITY AND MIAMI SPORTS AND EXHIBITION
AUTHORITY, CASE 96-122055 CA-02 - CONTINUE
ENGAGEMENT OF DAVIS IN AMOUNT NOT TO
EXCEED $50,000 - ALLOCATE $69,100 FROM SELF-
INSURANCE TRUST FUND ACCOUNT
515001.624401.6.661 - SEE LABEL 72.
75.
APPROVE SPECIAL EXCEPTION TO PERMIT HEALTH
12/8/98
CLINIC IN R-3 MULTIFAMILY MEDIUM DENSITY
R 98-1228
RESIDENTIAL ZONING DISTRICT - LOCATION: 3230
194-196
WEST FLAGLER STREET - APPLICANT: SALLY PAYNE
BEAVER AND DR. ISIDOR ZARCO.
76.
APPROVE SECOND READING ORDINANCE AMENDING
12/8/98
ORDINANCE 10544 FROM DUPLEX RESIDENTIAL TO
ORDINANCE 11737
DUPLEX COMMERCIAL - CHANGE FUTURE LAND USE
197-198
ELEMENT OF COMPREHENSIVE NEIGHBORHOOD
PLAN - LOCATION: 1612 N. W. 30 STREET - APPLICANT:
JOSLY ENTERPRISE, INC.
77.
APPROVE SECOND READING ORDINANCE AMENDING
12/8/98
ORDINANCE 10544 FROM DUPLEX RESIDENTIAL TO
ORDINANCE 11738
DUPLEX COMMERCIAL - CHANGE FUTURE LAND USE
198-199
ELEMENT OF COMPREHENSIVE NEIGHBORHOOD
PLAN - LOCATION: 1612 N. W. 30 STREET - APPLICANT:
JOSLY ENTERPRISE, INC.
78.
APPROVE SECOND READING ORDINANCE AMENDING
12/8/98
ORDINANCE 10544 FROM RECREATION TO SINGLE
ORDINANCE 11739
FAMILY RESIDENTIAL TO CHANGE FUTURE LAND
199-200
USE ELEMENT OF COMPREHENSIVE NEIGHBORHOOD
PLAN - LOCATION: 1960 AND 2000 SW 24 STREET -
APPLICANT: PLANNING AND DEVELOPMENT.
79.
APPROVE SECOND READING ORDINANCE AMENDING
12/8/98
ORDINANCE 11000 FROM PR PARKS AND
ORDINANCE 11740
RECREATION TO R-1 SINGLE FAMILY RESIDENTIAL
200-201
TO CHANGE ZONING ATLAS - LOCATION: 1960 AND
2000 SW 24 STREET - APPLICANT: PLANNING AND
DEVELOPMENT.
80.
APPROVE SECOND READING ORDINANCE AMENDING
12/8/98
ZONING ORDINANCE 11000, ARTICLE 6, SECTION 601,
ORDINANCE 11741
TO MODIFY MINIMUM YARD REQUIREMENTS -
201-202
APPLICANT: PLANNING AND DEVELOPMENT.
81. APPROVE WITH MODIFICATIONS MAJOR USE SPECIAL 12/8/98
PERMIT FOR CLOISTERS ON THE BAY PROJECT - R 98-1229
LOCATION: 3463-3571 MAIN HIGHWAY - APPLICANT: 202-233
ALBANESE-POPKIN DEVELOPMENT GROUP, INC.- SEE
LABEL 3.
82. AUTHORIZE ALLOCATION OF $7,000 FROM 24 YEAR 12/8/98
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS R 98-1230
PROJECT 799602 - FOR REHABILITATION OF FIVE 233-235
BUSINESSES IN DOWNTOWN AREA UNDER
COMMERCIAL FACADE PROGRAM. - SEE LABEL 4.
83. CONTINUE DISCUSSION ON COMMISSION 12/8/98
APPOINTMENTS TO CHARTER REFORM REVIEW DISCUSSION
COMMITTEE - SEE LABELS 52 AND 62. 235-236
84. DISCUSSION CONCERNING PROPOSED FORECLOSURE 12/8/98
ACTIONS AGAINST WYNWOOD TRADE ZONE DISCUSSION
PROJECT. 236-237
85 ISSUE CONDOLENCES TO JIM KAY AND FAMILY ON 12/8/98
PASSING OF MR. KAY'S MOTHER. R 98-1231
237-238
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 8th day of December, 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 10:00 a.m. by Presiding Officer/Executive Mayor Joe Carollo,
with the following members of the Commission found to be present:
Vice Chairperson Wifredo Gort (District 1)
Chairperson J.L. Plummer, Jr. (District 2)
Commissioner Joe Sanchez (District 3)
Commissioner Arthur E. Teele, Jr. (District 5)
ALSO PRESENT:
Donald Warshaw, City Manager
Alejandro Vilarello, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
ABSENT:
Commissioner Tomas Regalado (District 4)
Mayor Carollo: Everyone could stand up, please. We'll begin by saying a prayer this morning.
Commissioner Sanchez will lead us in prayer..
Chairman Plummer: Mr. Mayor, if I may, I would ask Commissioner Sanchez to, please remember in his
prayers the policeman that was injured last night in a heroic act of breaking up an armed robbery, who is in
Jackson Memorial Hospital, and we would pray for his speedy recovery.
Mayor Carollo: At the same time, if we could include one of our own, a great congressman, a great
individual, a great father, Dante Fascell.
An invocation was delivered by Commissioner Sanchez, who then led those present in a pledge
of allegiance to the flag.
[AT THIS POINT, COMMISSIONER REGALADO ENTERED THE COMMISSION CHAMBERS AT
APPROXIMATELY 10:01 A.M.]
Mayor Carollo: We're going to begin with some presentations that we have this morning. And if I may ask
Lisette Gonzalez if she could come up, please. If her family is here with you, Lisette, if you could bring
them with you. Round this way here. Let me read the special proclamation on behalf of the City
Commission and all of the rest of us of Miami. And it reads, "Whereas, on July 11, 1998, Lisette Gonzalez
December 8, 1998
became the first Cuban American ever to take the Miss Florida title; and whereas, a 22 year old university
student from Miami, Miss Gonzalez represented our state in the Atlantic City Miss America Pageant on
September 19, 1998, where she was voted second runner up and also won the Prestigious Bernnie Wayne
award; and whereas, Lisette Gonzalez, who has brought great pride to this community, will be spending her
year as Miss Florida, traveling the state as a good will ambassador and, whereas, local authorities, on behalf
of the community, are pleased to congratulate Lisette Gonzalez for her commitment, talents and scholarship.
Now, therefore, I, Joe Carollo, Mayor of the City of Miami, Florida, do hereby proclaim December 8, 1998,
as Lisette Gonzalez Day in all of Miami. In her service, therefore, I call upon all residents of the City of
Miami to join me in the celebration of this important occasion. (Applauding).
Chairman Plummer: Well, only a pretty girl can bring Regalado out on time.
1. PRESENTATIONS AND PROCLAMATIONS: LISSETTE GONZALEZ DAY / DR. GUY PEREZ-
CISNEROS DAY / CERTIFICATE OF RECOGNITION: ARMANDO BUCELO, SR.
ARMANDO BUCELO, JR.
Ms. Lisette Gonzalez: I am in total shock. I didn't know that they actually had days after individuals. I'm
very honored -- hold on. I'm just a little tall here. This is something I totally didn't expect, so I want to
thank, obviously, the City Commission and the City of Miami. And I'll tell you, it was a great honor to be in
the Miss American Pageant representing, not only Florida but Miami, the Hispanics and everyone across the
state. I've been really busy since I got back from Atlantic City. Very, very active. The national exposure
helped out and I'm working several projects for my artistic career and also my broadcasting career. That's
what I'm majoring in at the University of Miami. And I want to thank you all again. This is just a great
honor. My mom is going to cry and hang this in the front of my house. Thank you all. Have a wonderful
day.
(Applause)
Mayor Carollo: Congratulations. If I may ask Pablo Cisneros to come up, please. Pablo, do you have
anymore of your family members with you here or anyone else that you would like to have up here? Come
on up.
Commissioner Sanchez: Pablo is by himself. If I could read something just to give you a little history on
this. Mrs. Eleanor Roosevelt, Chairman of the Human Rights Commission and Ambassador of the United
States and to the United Nations, was very instrumental in getting this accomplished, with a lot of other
people that were very active. And one of them was Dr. Guy Perez -Cisneros, who was the Co -Chairman of
the Human Rights Commission and Ambassador of Cuba. So, it's with great honor that we present this
proclamation and I would like to read it on behalf of the Commissioners and the Mayor, where it says,
"Whereas, Dr. Guy Perez -Cisneros, was born in Paris, France on June 7, 1915; and whereas, Dr. Perez -
Cisneros held distinguished positions in various international organizations and served as Cuba's
ambassador and permanent delegate before the United Nations Organization, following in the footsteps of
both his father and brother, who served as members of the Cuban Diplomat and Counselor Service; and
whereas, Dr. Cisneros was co-author of the Universal Declaration of Human Rights, which was officially
approved by the United Nations Organization on December 10, 1948. And, as commemorative each year by
distinguished scholars and diplomats and professional institutions around the world; and whereas,
December 10, 1998, is the 50th anniversary of the Proclamation of the Universal Declaration of Human
Rights. Now, therefore, I, Joe Carollo, the Mayor of the City of Miami and the Commissioners do hereby
proclaim December 10, 1998, as Dr. Guy Perez -Cisneros Day. In observance, therefore, I call upon all
residents of the City of Miami to join me in the celebration of this important occasion. (Applause).
2 December 8, 1998
Chairman Plummer: Mr. Mayor, not many people realize that this man, who has served this community and
this City for many years, went through an adversity about two or three years ago, which nobody ever gave
him any hope of ever recovering. He recovered only so he could continue to serve this community and to
serve this City, and I tell you that it's very good for me to sit here and to say, not only is he a friend of mine
but a friend of this community, and this salute this morning is way past due for a gentleman whose family,
and himself, have distinguished themselves in a great way for the entire community. (Applause)
Pablo Perez -Cisneros: I just want to say thank you to everybody. I like to remind people that, even though
it was a Cuban idea, a Cuban initiative to create the Declaration of Human Rights, without the help, it could
not be done without Eleanor Roosevelt, who help very much in the format and doing the thing. In addition
to that, Cuba is also proud because the first repertoire (phonetic) that was named at the Human Rights
Commission was a Haitian ambassador by the name of Sanloe (phonetic), and he was also very proud to
serve. Thank you very much. Thank you for everything.
Mayor Carollo: If I may ask Armando Bucelo, Sr. and Jr., if they could come up, please.
Commissioner Sanchez: Mr. Mayor, if I may -- if I may add, Mr. mayor, it is with great honor that both of
these individuals here receive this award. They have earned it. They have tremendous experience in a
tradition in the game of chess. They have come out -- both of them had been -- have been very active in the
community, and we came up with a great idea to promote the chess sport. As you know, Jackson High
School was a dream team put together by a bunch of kids who came from different backgrounds, ethnic, and
they went up to the nationals and they were the underdogs, and guess what? They won it. They won the
Chess Tournament. And I am so proud to try to build this sport in the City of Miami with these
ambassadors that are going to put a lot of time and effort in promoting the game and basically put together
kids that will have an opportunity, not to be out on the streets and play in mind game, which I consider one -
- to be the most intelligent sport, which is a Chess game. And it's with great pride that I present the first
award and, then, my colleague here, Commissioner Gort, will present the other one. And this is a certificate
from the City of Miami, where hereby recognize Armando Bucelo, Sr., as a City of Miami official
ambassador for the game of chess. It is with great honor that I present this award with him, to an incredible
man that I've been honored and get to know and that has become a great friend of mine.
Vice Chairman Gort: I think what's important to notice, just last week we had a Dominos tournament
diverting people from Miami, different neighborhoods in Miami, all the different neighborhoods in Miami,
Miami Beach, Hialeah. And what we have found is one common denominator that can bring people
together. We have done it through Dominos. We have done it through Chess games. And this is one way
that's -- I don't know how many people are aware -- we began that Domino Park, over 20 years ago, with the
Chamber of Commerce and working with the City of Miami, not only did we play Domino there but we also
played Chess. And this is what brings a lot of our community and the different ethnic groups together, this
one common denominator. So, to me, it is a great honor, also, to present to Armando Bucelo, Jr., on behalf
of the City of Miami, as official ambassador to the game of chess -- and I know they'll do a great job. I
mean, this father and son team, they're very unique. Congratulations. (Applause)
December 8, 1998
2. APPROVE TAX EXEMPT LEASE WITH FLORIDA HEALTH FACILITIES AUTHORITY / G.E.
CAPITAL PUBLIC FINANCE / PAN AMERICAN HOSPITAL CORP. / FOR LEASE AND
SUBLEASE OF CAPITAL EQUIPMENT AND IMPROVEMENTS AND REFINANCING OF PRIOR
LOAN FOR $18,000,000.
[AT THIS POINT, COMMISSIONER TEELE ENTERED THE COMMISSION CHAMBERS AT
APPROXIMATELY 10:13 A.M.]
Mayor Carollo: We have the former Secretary of State, Jessie McCrary, and the former State Senator,
Kenny Myers, that are here on an item, and out of professional courtesy, we would like to take up their
item. What item is it again, Senator? Twenty-four? We're going to take Item 24.
Chairman Plummer: I move it.
Vice Chairman Gort: Wait a minute. Which is this?
Chairman Plummer: Item 24, in reference to the health...
Mayor Carollo: It's Item 24.
Mr. Alejandro Vilarello (City Attorney): I'm sorry. Excuse me?
Mayor Carollo: Approving for purposes of Section 147F of the Internal Revenue Code of 1986.
Chairman Plummer: I move it, Mr. Mayor. This is something that we've been doing year after year, and it's
for the betterment of the community that these hospitals are allowed to tap into the source of this revenue,
and it's something that I think that has helped us tremendously, so I'm pleased to move Item 24.
Commissioner Regalado: I'll second it.
Mayor Carollo: It's been moved and second. Mr. City Attorney, is this something that concurs with your
approval?
Mr. Vilarello: Yes. This has been -- it's been reviewed by my office.
Mayor Carollo: Excuse me?
Mr. Vilarello: This has been reviewed and approved by my office.
Mayor Carollo: OK. And from the City Manager?
Mr. Donald Warshaw (City Manager): We support this.
Mayor Carollo: OK. Then, if the City Clerk could call the roll on this item, please.
4 December 8, 1998
The following resolution was introduced by Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-1161
A RESOLUTION, WITH ATTACHMENTS, APPROVING FOR
PURPOSES OF SECTION 147(F) OF THE INTERNAL REVENUE
CODE OF 1986, AS AMENDED, A TAX-EXEMPT LEASE AMONG
THE CITY OF MIAMI, FLORIDA HEALTH FACILITIES
AUTHORITY, GE CAPITAL PUBLIC FINANCE, INC., AND PAN
AMERICAN HOSPITAL CORP., PROVIDING FOR THE LEASE
AND SUBLEASE OF CERTAIN CAPITAL EQUIPMENT AND
CAPITAL IMPROVEMENTS AND THE REFINANCING OF A
PRIOR LOAN WHICH TOGETHER HAVE PRINCIPAL
COMPONENTS OF LEASE PAYMENTS OF NOT TO EXCEED
$18,000,000; APPROVING THE MINUTES OF THE PUBLIC
HEARING HELD BY THE AUTHORITY PURSUANT TO SAID
SECTION 147(F) OF THE CODE; AND PROVIDING AN
EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Vice Chairman Wifredo Gort.
3. (A) APPROVE STREET CLOSURES -- WAIVE FEES FOR USE OF PUBLIC RIGHT OF WAY -
GRANT VENDING RIGHTS TO COMMITTEE FOR KING ORANGE JAMBOREE PARADE ON
DECEMBER 31, 1998.
(B) DEFER CONSIDERATION OF AGENDA ITEM PZ1 (PROPOSED MAJOR USE SPECIAL
PERMIT FOR CLOISTERS ON THE BAY PROJECT) UNTIL AFTER 4:30 P.M. SEE LABEL 81.
Chairman Plummer: Mr. Mayor, there are two requests on the table. Number one, is from the Orange Bowl
Committee. As you know, we worked out an agreement with them and they would like to get out of here in
a hurry, if possible. And the second is that I've received a lot of calls from PZ-1, which is the Cloisters in
Coconut Grove. It has been asked that, if possible, that that matter be taken after 4:30, this afternoon. In
effect, what it is doing is taking it from PZ-1 and making it PZ-7. And I think, if there is no objection from
anyone, I would -- if it's necessary to move it to the 4:30 deadline, I would so move.
Mayor Carollo: OK. There's a motion to move.
5 December 8, 1998
Commissioner Teele: Second.
Mayor Carollo: And second. It's PZ...
Chairman Plummer: PZ-1 would be the end of the agenda, not to start before 4:30, in the afternoon. And I
think most of the people are watching TV are waiting to see what happens.
Mayor Carollo: That will be fine.
Chairman Plummer: I don't have the thing from the Orange Bowl. If I could, so that we could get them out
of here. Mr. Mayor, we made this deal, as you will recall...
Mayor Carollo: I remember.
Chairman Plummer: OK. if you'll give me the resolution real quick like, I'll read it and get you folks out of
here, so you can go put the parade together. Oh, you've got it?
Commissioner Sanchez: Yeah, I got it.
Chairman Plummer: All right.
[AT THIS POINT, CHAIRMAN PLUMMER READ THE RESOLUTION INTO THE PUBLIC
RECORD]
Chairman Plummer: Mr. Mayor, this was what we worked out before, and I move it for adoption.
Mayor Carollo: Been moved by Commissioner Plummer. Seconded...
Commissioner Sanchez: Second.
Mayor Carollo: Second by Commissioner Sanchez. Mr. Manager, does the administration concur with
this?
Mr. Donald Warshaw (City Manager): Yes, sir.
Mayor Carollo: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
6 December 8, 1998
The following resolution was introduced by Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-1162
A RESOLUTION RELATED TO THE KING ORANGE BOWL
JAMBOREE PARADE ("PARADE") TO BE CONDUCTED BY THE
ORANGE BOWL COMMITTEE, INC. ("COMMITTEE") ON
DECEMBER 31, 1998; PROVIDING FOR THE CLOSURE OF
DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC
AND ESTABLISHING A PEDESTRIAN MALL SUBJECT TO THE
ISSUANCE OF REQUIRED PERMITS BY THE POLICE
DEPARTMENT AND OTHER DEPARTMENTS REGULATING
SUCH EVENTS; WAIVING THE APPLICABLE FEE FOR THE USE
OF THE PUBLIC RIGHT-OF-WAY FOR SAID PARADE;
GRANTING VENDING RIGHTS TO THE COMMITTEE
CONSISTENT WITH AN AGREEMENT WITH THE BAYFRONT
PARK MANAGEMENT TRUST; FURTHER ESTABLISHING AN
AREA PROHIBITED TO RETAIL PEDDLERS DURING THE
PERIOD OF THE PARADE, ALL SUBJECT TO AND CONTINGENT
UPON THE COMMITTEE'S COMPLIANCE WITH SUCH
CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY
THE CITY OF MIAMI, INCLUDING OBTAINING INSURANCE TO
PROTECT THE CITY IN AN AMOUNT AND FORM AS
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 Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Thank you, Mr. Mayor.
Mayor Carollo: If we could go back and take a roll call on PZ-1 being transferred for later in the meeting.
There was a motion on that by Commissioner Plummer. It was seconded by Commissioner Teele. All in
favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
7 December 8, 1998
The following motion was introduced by Chairman Plummer, who moved its adoption:
MOTION NO. 98-1163
A MOTION STATING THAT THE CITY OF MIAMI COMMISSION
WILL DEFER CONSIDERATION OF AGENDA ITEM PZ-1
(PROPOSED MAJOR USE SPECIAL PERMIT FOR THE CLOISTERS
ON THE BAY PROJECT, LOCATED AT APPROXIMATELY 3463-
3571 MAIN HIGHWAY) UNTIL AFTER 4:30 P.M. TODAY, AT THE
CONCLUSION OF ALL SCHEDULED AGENDA ITEMS.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
4 CONSENT AGENDA.
Mayor Carollo: Now, we're on the consent agenda, Items CA-1 through CA-18.
Chairman Plummer: Mr. Mayor, I have objections to consent agenda 5, 6 and 11, and let me...
Mayor Carollo: Five, six and I I?
Chairman Plummer: Right. And let me state my reasons. We are talking about non -City vendors receiving
almost three million dollars ($3,000,000). Mr. Mayor, we have automobile dealers in our City who sell
cars. We have vendors in our City who sell tires. And we have vendors in our City who sell a million and a
half dollars ($1,500,000) worth of auto parts. These are off of a Dade County contract. I could not find out
if they're City vendors and, as far as I'm concerned, I will take the heat but I'm going to always demand that,
when possible, we do business with City people. That's almost three million dollars ($3,000,000). I'm not
going to pull the items, Mr. Mayor. I'm going to vote against them, not because they're not a good project
for the City but it's to send a message that I am not going to sit here and allow our money to go outside of
this City, especially when we have vendors in our City who sell these products. I just think we need to do
business with home folks, first and foremost. I do not object. If there is no vendor in the City who does not
sell these, we go out. I have no problem. But I'm just telling you, for the record, that Items CA-5, 6 and 11,
I will stipulate that I am voting against as a significant objection.
Mayor Carollo: OK. Then...
Ms. Judy Carter (Director, Purchasing): Sir?
December 8, 1998
Mayor Carollo: ...we will have to pull them out and then take them...
Chairman Plummer: No, you don't have to, Mr...
Mayor Carollo: And, then, take them up separately.
Chairman Plummer: OK, if you want.
Ms. Carter: But I really would like an opportunity to speak, sir.
Mayor Carollo: Absolutely, Ms. Carter.
Ms. Carter: Thank you so very much. First of all, I'd like to be able to respond to Commissioner Plummer
because I'm quite sure that he must know that we're doing everything in our ability to secure responses from
local vendors. But I'd like to draw your attention to CA-5. That is our fleet vehicle bid in which, if you look
at the very first name, is Anthony Abraham Chevrolet, non -minority local vendor.
Chairman Plummer: (inaudible)
Ms. Carter: This is not a Miami -Dade contract. This is a City bid in which we issued the bid. The
responses came back. Whoever was the low bidder and if that particular low vendor was within 10 percent,
we, of course, applied the preference and that is why you see Abraham Chevrolet, non -minority, local
vendor. That's for CA-5.
Chairman Plummer: Hold up. Also, for the record --just make it clear. You're also giving business to Fort
Lauderdale, Maroone Chevrolet of Fort Lauderdale. You're also giving business to Hollywood Chrysler
Plymouth. Yes, Anthony Abraham is a good local company but out of three, only one is local and the other
two, I don't think are even in Dade County, much less the City. Go ahead to the next item.
Ms. Carter: OK.
Mr. Donald Warshaw (City Manager): Commissioner, we're pulling Item CA-6...
Ms. Carter: CA-6 is being withdrawn.
Chairman Plummer: CA-6, just for the record, four hundred and seventy-two dollars and eighty -- eight
hundred -- four hundred and seventy-two dollars thousand eight hundred and ninety-nine dollars ($482,899)
of tires and tubes. You can't convince me that there isn't a company in the City of Miami who would not put
in a bid for it. Go to Item 11.
Ms. Carter: And CA-6, I will note for the record, since you mentioned that, sir, that Balado National Tires
is a local vendor. And the most important thing, Commissioners, we need to look at is, you're looking at a
total number but you need to look at the bulk of who's getting the actual contract. So, it is not just merely
based upon a bottom line number because they're various items and I assure you that it's not one item. And
the next one would be CA-1 1 and, yes, that is a list of vendors and, if you take a look at the list, it includes
vendors that are also local vendors. We are using local vendors as well as Dade County vendors.
Chairman Plummer: That's not what it says. It says Miami -Dade County vendor. It doesn't say local
vendors.
December 8, 1998
Ms. Carter: OK.
Chairman Plummer: That is a million five hundred two hundred and thirty thousand two hundred and
thirty-six dollars and fifty sent ($1,523,236.50).
Mr. Juan Pascual (Director, General Services Administration): Commissioner?
Chairman Plummer: I would like to see local vendors.
Mr. Pascual: If I can just state for the record, Juan Pascual, Director of GSA.
Chairman Plummer: Sure.
Mr. Pascual: That's the stock room operations. It was an RFP (Request for Proposal). NAPA (National
Auto Parts Association) stores does have two locations within the City of Miami. One is located at 825
Southwest 37th Avenue. The other is at 300 Northwest 29th Street. When they come...
Chairman Plummer: Sir, why don't you put on the agenda, then, it is a local vendor only?
Mr. Pascual: Because their primary location or their main warehouse is in Dade County, but they do have
stores in the City. And I also want to state for the record that, once they commence the operations, if
approved by the Commission, they will pull the licenses and certificates of use at the fleet maintenance
shop, as well as at the fire garage. They will be operating a store for exclusive use for the City of Miami on
site.
Chairman Plummer: If it says local vendor, my friend, you have no problem with me. That it will be
restricted only to the City of Miami stores that they have, who pay your taxes and pay your salary.
Vice Chairman Gort: Mr. Mayor?
Mayor Carollo: Go ahead, Commissioner.
Vice Chairman Gort: The difference that you have also, when you look at the agenda package and you don't
look at the background, like the -- one of the -- in CA-6, Balado Company is located 1633 Northwest 27th
Avenue.
Chairman Plummer: And a good company.
Vice Chairman Gort: Which is within the...
Chairman Plummer: But they're not showing it.
Vice Chairman Gort: And they've been doing business here. But that's what I'm trying to tell you. In his --
in that document it shows as Miami -Dade. I think you should put the address of the location of the
individuals also on the agenda. Because some of the Commissioners go by the agenda rather than the back
up.
Commissioner Regalado: Excuse me. There are two stores. Balado has two stores. One on Southwest 8th
Street and one on 27th Avenue. Two local stores. Actually, the only two stores that Balado has are in the
10 December 8, 1998
City of Miami.
Ms. Carter: Right. And we're noting him as a local vendor. Balado is a local vendor, as far as we're
concerned.
Chairman Plummer: That's not what it says here.
Mr. Warshaw: Commissioner, we'll be more specific in the future.
Chairman Plummer: Hey, Mr. Manager, I'm, somewhere along the line, I'll ask the Mayor to appoint a
committee to go through our biding procedures. We need to do business with our people first and foremost.
Mayor Carollo: OK. Any further questions on any of the items on the consent agenda or does any member
of the Commission would want any items taken out?
Ms. Carter: CA-6 is withdrawn.
Commissioner Regalado: Why is that? Excuse me.
Mr. Warshaw: Commissioner, CA-6 -- and we kind of jump ahead of when the Mayor was going to ask
what items are going to be withdraw. We were going to withdraw CA-6, even before Commissioner
Plummer's objection to take a look at the bid specs.
Mayor Carollo: For the record, since there's not a motion yet on the consent agenda, Item A-1 is a non -item
since there are no vetoes for the Commission to consider.
Chairman Plummer: I have a question, Mr. Mayor, on CA-2. Either my math is bad or yours. If you take
and add sixteen hundred and seventy dollars ($1670) to fourteen six seventy, it doesn't come out to sixteen
three four. It comes out to fifteen three four. Is my math bad? If it's bad, I stand corrected. OK? All right.
Yep, here it is. I see it. Ninety-nine percent of the time I'm not, so that's all right. I'll give up on that one.
Mr. Mayor, if there's no further --
Commissioner Teele: I would like to withdraw Item CA-3 and CA-15.
Chairman Plummer: Three and 15.
Mayor Carollo: Three and 15? Anybody else has any items that they would like to pull?
Chairman Plummer: I'm happy to see you're pulling three because I didn't notice that this wasn't a Miami
vendor. And 15. God knows, we've got a lot of landscaping people in this City.
Mr. Vilarello: Commissioner, is that being pulled to be moved to the next meeting on the regular agenda or
to be discussed today?
Commissioner Teele: Isn't that the rule?
Chairman Plummer: That's the rule?
Mr. Vilarello: Yes, sir.
11 December 8, 1998
Mayor Carollo: OK. CA-3, CA-15 are being pulled for the next regular Commission agenda. Since
Commissioner Plummer has indicated that he wants to vote for the remaining items in the consent agenda,
with the exception of 5, 6 and 11, is that correct?
Chairman Plummer: They pulled six, so 5 and 11 would be my request, Mr. Mayor.
Mayor Carollo: You still do not want to vote on those?
Chairman Plummer: I will vote negatively, just as a token vote.
Mayor Carollo: Then, let's pull those out of the consent agenda. Mr. City Attorney, can we deal with them
separately, afterwards or do we have to leave them for the next meeting, also?
Mr. Vilarello: The Commission has a rule that defers items for the next meetings. However, it has, in the
past, pulled it from the consent agenda and considered it after a vote on the consent agenda.
Mayor Carollo: Then, what I will do, so that Commissioner Plummer could vote on the other items, is pull
5 and 11 from the consent agenda and the minute that we're not with the consent agenda, then we'll deal
with those two individually.
Chairman Plummer: Individually. That's fine.
Mayor Carollo: OK. Is there a motion for the remaining items on the consent agenda?
Chairman Plummer: I move.
Mayor Carollo: It's moved by Commissioner Plummer. Is there a second?
Commissioner Sanchez: Second.
Mayor Carollo: Seconded by Commissioner Sanchez. Now, besides Mr. Gonzalez-Goenaga, is there
anyone here from the public that would like to address this body on any of the items on the consent agenda
that we're discussing here today? If so, if you could, please line up behind him. Mr. Goenaga, you have two
minutes.
Mr. Manuel Gonzalez-Goenaga: Well, my name is Manuel Gonzalez-Goenaga. I reside at 2469 Southwest
14th Street. My issue was five -- one, five, six and 11 but I understand, if I am not mistaken, that they have
-- six has been withdrawn and the other one has been postponed. When will I be able to -- but just to give
you an idea for the future. I might not be here because Plummer is giving me a one-way trip to Puerto Rico,
airplane ticket.
Chairman Plummer: Non -cancelable.
Mr. Gonzalez-Goenaga: OK. The issue is that my mathematics is worst than Mr. Plummer, for the
particular reason is, that if we're buying or renting two and a half -- two million dollars ($2,000,000) in cars,
why do we need half a million dollars ($500,000) in tires? Because if we have brand new cars, they are
supposed to come with brand new tires and unless -- and then, remember that we only have 34 square miles
in the City of Miami, unless you go to Disney World every weekend. So, let's be sensible. Let's be realistic
and don't try to fool me or confuse me because, as Harry Truman said many years ago, "if you cannot
convince them, confuse them" and I am not trying to confuse you people. You are confusing me. Thank
12 December 8, 1998
you.
Mayor Carollo: OK.
Chairman Plummer: Harry S. Goenaga.
Mayor Carollo: All right. Since no one else came up to address this body, the public portion of the consent
agenda now will be closed. And hearing no further discussion from the Commission, all in favor signify by
saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
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 AUTOMATICLALY
DEFERRED AND SCHEDULED AS A REGULAR ITEM ON THE
NEXT AVAILABLE AGENDA.
THEREUPON MOTION DULY MADE BY VICE CHAIRMAN
PLUMMER AND SECONDED BY COMMISSIONER SANCHEZ, THE
CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING
VOTE:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
13 December 8, 1998
4.1 ACCEPT BID: APPLIED CONCEPTS, INC., -- FOR FURNISHING OF STALKER SPEED
ENFORCEMENT EQUIPMENT - FOR THE DEPARTMENT OF POLICE - AT TOTAL COST NO TO
EXCEED $40,800 - ALLOCATE FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST
FUND, ACCOUNT CODE NO. 690003.291234.6.840 ($40,000) AND THE U.S. DEPARTMENT OF
THE TREASURY'S "GUIDE TO EQUITABLE SHARING", AND GENERAL ACCOUNT CODE NO.
001000.290201.6.305 ($800).
RESOLUTION NO.98-1164
A RESOLUTION ACCEPTING THE BID OF APPLIED
CONCEPTS, INC, FOR THE FURNISHING OF STALKER
SPEED ENFORCEMENT EQUIPMENT, FOR THE DEPARTMENT
OF POLICE, AT A TOTAL COST NO TO EXCEED $40,800;
ALLOCATING FUNDS THEREFOR FROM THE LAW
ENFORCEMENT TRUST FUND, ACCOUNT CODE NO.
690003.291234.6.840 ($40,000), SUCH EXPENDITURE HAVING
BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING
WITH FLORIDA STATUTE 932.7055, AS AMENDED, AND THE
U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO
EQUITABLE SHARING", AND GENERAL ACCOUNT CODE NO.
001000.290201.6.305 ($800).
4.2 ACCEPT BID: VENECON, INC., IN PROPOSED AMOUNT OF $14,670 - FOR "MIAMI
MODERN POLICE HEADQUARTERS RANGE RENOVATIONS, SECOND BIDDING, B-6268A" -
ALLOCATE FUNDS THEREFOR FROM PROJECT NO. 312015 AS APPROPRIATED BY THE
CAPITAL IMPROVEMENT/APPROPRIATIONS ORDINANCE NO. 11705, FOR TOTAL COST OF
$16,340.
RESOLUTION NO.98-1165
A RESOLUTION ACCEPTING BID OF VENECON, INC., IN THE
PROPOSED AMOUNT OF $14,670 FOR THE PROJECT
ENTITLED "MIAMI MODERN POLICE HEADQUARTERS
RANGE RENOVATIONS, SECOND BIDDING, B-6268A";
ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 312015
AS APPROPRIATED BY THE CAPITAL
IMPROVEMENT/APPROPRIATIONS ORDINANCE NO. 11705, AS
AMENDED, IN THE AMOUNT OF $14,670 TO COVER THE
CONTRACT COST AND $1,670 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL COST OF $16,340;
AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH SAID FIRM.
14 December 8, 1998
4.3 ACCEPT BID: SECURITY SUPPLY, INC., - FOR RIPP HOBBLE LEG RESTRAINTS AND
CARRYING POUCH - FOR DEPARTMENT OF POLICE - AT TOTAL COST NOT TO EXCEED
$7,350 - ALLOCATE FUNDS THEREFOR FROM ACCOUNT CODE NO. 001000.290201.6.722.
RESOLUTION NO.98-1166
A RESOLUTION ACCEPTING THE BID OF SECURITY
SUPPLY, INC., FOR THE PROVISION OF RIPP HOBBLE LEG
RESTRAINTS AND CARRYING POUCH, FOR THE
DEPARTMENT OF POLICE, AT A TOTAL COST NOT TO
EXCEED $7,350; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NO. 001000.290201.6.722.
4.4 TABLE CONSIDERATION OF CA5 TO LATER IN MEETING. (ACCEPTING THE BIDS OF
ANTHONY ABRAHAM CHEVROLET, (NON-MINORITY/LOCAL VENDOR), GUS MACHADO
FORD, (HISPANIC/MIAMI-DADE COUNTY VENDOR), PALMETTO FORD TRUCK, (NON-
MINORITY/MIAMI-DADE VENDOR), MAROONE CHEVROLET OF FT. LAUDERDALE (NON-
MINORITY/NON-LOCAL VENDOR), AND HOLLYWOOD CHRYSLER PLYMOUTH JEEP, (NON-
MINORITY/NON-LOCAL VENDOR) FOR THE PROCUREMENT OF POLICE AND GENERAL
FLEET VEHICLES, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION )-
SEE LABEL 5
RESOLUTION NO. 98-1167
A RESOLUTION APPROVING THE PROCUREMENT OF
BANNERS AND SIGNS FROM AlA SIGNS & SERVICES, INC.,
AWARDED UNDER MIAMI-DADE COUNTY CONTRACT NO.
0800-3/02, ON AN AS -NEEDED CONTRACT BASIS UNTIL
FEBRUARY 28, 1999, WITH THE OPTION TO EXTEND FOR
THREE (3) ADDITIONAL ONE (1) YEAR PERIODS, FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, AT
AN ANNUAL AMOUNT NOT TO EXCEED $25,000;
ALLOCATING FUNDS THEREFOR FROM THE CAPITAL
IMPROVEMENT PROGRAM, "CITY-WIDE FACILITY
RENOVATIONS AND RESTORATIONS", PROJECT NO. 311016.
15 December 8, 1998
4.5 APPROVE PROCUREMENT OF BANNERS AND SIGNS FROM AIA SIGNS & SERVICES, INC.
- FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION - AT ANNUAL
AMOUNT NOT TO EXCEED $25,000 - ALLOCATE FUNDS THEREFOR FROM THE CAPITAL
IMPROVEMENT PROGRAM, "CITY-WIDE FACILITY RENOVATIONS AND RESTORATIONS",
PROJECT NO.311016.
RESOLUTION NO.98-1168
A RESOLUTION APPROVING THE PROCUREMENT OF
WELDING GASES AND LIQUID OXYGEN FROM PRAXAIR
DISTRIBUTION SOUTHEAST LLC, AWARDED UNDER
MIAMI-DADE COUNTY CONTRACT NO. 0844-3/03-OTR-CW,
ON AN AS -NEEDED CONTRACT BASIS UNTIL JUNE 30, 2000,
WITH THE OPTION TO EXTEND FOR THREE (3)
ADDITIONAL ONE-YEAR PERIODS, FOR THE DEPARTMENT
OF GENERAL SERVICES ADMINISTRATION, AT AN ANNUAL
AMOUNT NOT TO EXCEED $10,000; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO. 509000.420901.6.702.
4.6 APPROVE PROCUREMENT OF WELDING GASES AND LIQUID OXYGEN FROM PRAXAIR
DISTRIBUTION SOUTHEAST LLC - FOR DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION -- AT ANNUAL AMOUNT NOT TO EXCEED $10,000 - ALLOCATE FUNDS
THEREFOR FROM ACCOUNT CODE NO. 509000.420901.6.702.
RESOLUTION NO.98-1169
A RESOLUTION APPROVING THE MAINTENANCE AND
REPAIR SERVICES OF OVERHEAD ROLL -UP DOORS FROM
BEST GARAGE DOOR, INC., AWARDED UNDER MIAMI-DADE
COUNTY CONTRACT NO. 6050-1/01-CW, ON AN AS -NEEDED
CONTRACT BASIS UNTIL OCTOBER 31, 2000, WITH THE
OPTION TO EXTEND FOR ONE (1) ADDITIONAL YEAR, FOR
THE DEPARTMENTS OF FIRE -RESCUE AND GENERAL
SERVICES ADMINISTRATION, AT AN ANNUAL AMOUNT NOT
TO EXCEED $43,000; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NOS. 001000.280701.6.670 AND
503 001.420905.6.670.
16 December 8, 1998
4.7 APPROVE MAINTENANCE AND REPAIR SERVICES OF OVERHEAD ROLL -UP DOORS
FROM BEST GARAGE DOOR, INC., - FOR THE DEPARTMENTS OF FIRE -RESCUE AND
GENERAL SERVICES ADMINISTRATION - AT ANNUAL AMOUNT NOT TO EXCEED $43,000 -
ALLOCATE FUNDS THEREFOR FROM ACCOUNT CODE NOS. 001000.280701.6.670 AND
503001.420905.6.670.
RESOLUTION NO. 98-1170
A RESOLUTION APPROVING THE PROCUREMENT OF
TECHNICAL RESEARCH AND ADVISORY SERVICES FROM
GARTNER GROUP, AWARDED UNDER STATE OF FLORIDA
CONTRACT NO. 973-501-97-1, FOR A PERIOD OF TWELVE
(12) MONTHS, FOR THE DEPARTMENT OF INFORMATION
TECHNOLOGY, IN AN AMOUNT NOT TO EXCEED $27,000;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO.
001000.460101.6.335.
4.8 APPROVE PROCUREMENT OF TECHNICAL RESEARCH AND ADVISORY SERVICES FROM
GARTNER GROUP,-MINORITY/NON-LOCAL VENDOR), FOR DEPARTMENT OF
INFORMATION TECHNOLOGY - ALLOCATE $27,000 THEREFOR FROM ACCOUNT CODE NO.
001000.460101.6.335.
RESOLUTION NO. 98-1171
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE PROFESSIONAL SERVICES AGREEMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
INDIVIDUALS ON AN AS NEEDED BASIS, FOR A PERIOD OF
ONE (1) YEAR, WITH THE OPTION TO EXTEND FOR TWO (2)
ADDITIONAL ONE-YEAR PERIODS, TO PROVIDE LATENT
PRINT EXAMINER SERVICES FOR THE CITY OF MIAMI
POLICE DEPARTMENT AND ALLOCATING FUNDS THEREFOR,
IN AN AMOUNT NOT TO EXCEED $63,000, FROM THE POLICE
DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT
CODE NO. 001000.290201.6.270
17 December 8, 1998
4.9 TABLE CONSIDERATION OF CAI TO LATER IN MEETING (AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH GENUINE PARTS COMPANY DB/A NAPA AUTO PARTS, (NON-MINORITY/MIAMI-
DADE COUNTY VENDOR), FOR THE PROVISION OF IN-HOUSE PARTS OPERATIONS,) - SEE
LABEL 6
RESOLUTION NO.98-1172
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH MIAMI-DADE COUNTY, INFORMATION
TECHNOLOGY DEPARTMENT, TO PROVIDE ACCESS TO
THE MIAMI-DADE COUNTY CRIMINAL JUSTICE SYSTEM
AND MAINTENANCE ON THE LEASED EQUIPMENT, IN THE
ANNUAL AMOUNT OF $5,760, FOR THE CITY OF MIAMI
POLICE DEPARTMENT; FURTHER AUTHORIZING PAYMENT OF
PENDING INVOICES, IN THE AMOUNT OF $15,546, TO MIAMI-
DADE COUNTY FOR ACCESS AND MAINTENANCE SERVICES
PREVIOUSLY RENDERED; ALLOCATING FUNDS THEREFOR
FROM THE POLICE DEPARTMENT'S GENERAL OPERATING
BUDGET, ACCOUNT CODE NO. 00 1000.290201.6.6 10.
4.10 AUTHORIZE PROFESSIONAL SERVICES AGREEMENTS, - FOR LATENT PRINT
EXAMINER SERVICES - FOR POLICE -ALLOCATING FUNDS THEREFOR, IN AN AMOUNT
NOT TO EXCEED $63,000, FROM POLICE DEPARTMENT GENERAL OPERATING BUDGET,
ACCOUNT CODE NO. 001000.290201.6.270.
RESOLUTION NO. 98-1173
AUTHORIZING THE FUNDING OF BOYS & GIRLS CLUB OF
MIAMI, INC., IN AN AMOUNT NOT TO EXCEED $100,000;
ALLOCATING FUNDS THEREFOR 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'S "GUIDE
TO EQUITABLE SHARING," AND FLORIDA STATUTE 932.7055,
AS AMENDED.
18 December 8, 1998
4.11 AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT, WITH MIAMI-DADE
COUNTY, INFORMATION TECHNOLOGY DEPARTMENT - TO PROVIDE ACCESS TO MIAMI-
DADE COUNTY CRIMINAL JUSTICE SYSTEM AND MAINTENANCE ON THE LEASED
EQUIPMENT, IN THE ANNUAL AMOUNT OF $5,760 - FOR POLICE DEPARTMENT - FURTHER
AUTHORIZING PAYMENT OF PENDING INVOICES, IN THE AMOUNT OF $15,546, TO MIAMI-
DADE COUNTY FOR ACCESS AND MAINTENANCE SERVICES PREVIOUSLY RENDERED --
ALLOCATING FUNDS THEREFOR FROM THE POLICE DEPARTMENT'S GENERAL
OPERATING BUDGET, ACCOUNT CODE NO. 00 1000.290201.6.6 10.
RESOLUTION NO. 98-1174
A RESOLUTION AUTHORIZING THE ALLOCATION OF
NINETEEN THOUSAND, SIX HUNDRED DOLLARS ($19,600)
FROM THE TWENTY-FOURTH (24TH) YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS (PROJECT 799602),
FOR THE REHABILITATION OF FOURTEEN (14) BUSINESSES
LOCATED IN THE LITTLE HAVANA AREA UNDER THE
CITY-WIDE COMMERCIAL FACADE PROGRAM; SAID
FUNDS TO BE DISBURSED AS HEREIN SPECIFIED.
4.12 AUTHORIZE FUNDING OF BOYS & GIRLS CLUB OF MIAMI, INC., IN AN AMOUNT NOT
TO EXCEED $100,000 - ALLOCATE FUNDS THEREFOR FROM THE LAW ENFORCEMENT
TRUST FUND
RESOLUTION NO. 98-1175
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.
19 December 8, 1998
4.13 TABLE TO LATER IN MEETING CONSIDERATION OF AGENDA ITEM CA15
(AUTHORIZING THE ALLOCATION OF SEVEN THOUSAND ($7,000) DOLLARS FROM THE
TWENTY-FOURTH (24TH) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
(PROJECT 799602), FOR THE REHABILITATION OF FIVE (5) BUSINESSES LOCATED IN THE
DOWNTOWN AREA UNDER THE CITY-WIDE COMMERCIAL FACADE PROGRAM) - SEE
LABEL 82
RESOLUTION NO.98-1176
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
CITY MANAGER TO EXECUTE A REVOCABLE LICENSE
AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE
ATTACHED FORM, WITH OCEAN CLUB DEVELOPMENT
COMPANY FOR THE USE OF APPROXIMATELY 68,380
SQUARE FEET OF SPACE WITHIN THE MIAMI MARINE
STADIUM PARKING LOT, LOCATED AT APPROXIMATELY
3601 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, AT A
MONTHLY FEE OF THREE THOUSAND FIFTY SIX AND
59/100 DOLLARS ($3,056.59), FOR THE PURPOSE OF
PROVIDING TEMPORARY PARKING ON A MONTH TO
MONTH BASIS, WITH THE TERMS AND CONDITIONS AS MORE
PARTICULARLY SET FORTH IN SAID AGREEMENT.
5. ACCEPT ANTHONY ABRAHAM CHEVROLET BID / GUS MACHADO FORD / PALMETTO
FORD TRUCK / MAROONE CHVROLET OF FT. LAUDERDALE / HOLLYWOOD CHRYSLER
PLYMOUTH JEEP — FOR POLICE AND GENERAL FLEET VEHICLES — FOR GENERAL
SERVICES ADMINISTRATION — ALLOCATE $2,155,292.07 FROM VARIOUS SPECIAL
REVENUE AND CAPITAL IMPROVEMENT PROJECTS. -- SEE LABEL 4.
Mayor Carollo: Now, we will take up Item CA-5, individually. Is there a motion for CA-5?
Commissioner Teele: So moved, Mr. Chairman.
Mayor Carollo: Moved by Commissioner Teele. Is there a second?
Commissioner Sanchez: Second.
Commissioner Regalado: Second.
Mayor Carollo: Seconded by Commissioner Sanchez. All in favor, signify by saying "aye." One nay.
Chairman Plummer: Nay.
Mayor Carollo: Two nays. Passes three to two. Commissioner Plummer and Commissioner Gort voted
against it.
20 December 8, 1998
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-1177
A RESOLUTION, WITH ATTACHMENT, ACCEPTING THE
BIDS OF ANTHONY ABRAHAM CHEVROLET, GUS
MACHADO FORD, PALMETTO FORD TRUCK, MAROONE
CHEVROLET OF FT. LAUDERDALE AND HOLLYWOOD
CHRYSLER PLYMOUTH JEEPFOR THE PROCUREMENT OF
POLICE AND GENERAL FLEET VEHICLES, FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION,
IN A TOTAL AMOUNT NOT TO EXCEED $2,155,292,.07;
ALLOCATING FUNDS THEREFOR FROM VARIOUS SPECIAL
REVENUE AND CAPITAL IMPROVEMENT PROJECTS AS LISTED
IN EXHIBIT B ATTACHED HERETO.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: Vice Chairman Wifredo Gort
Chairman J.L. Plummer, Jr.
ABSENT: None.
6. APPROVE AGREEMENT WITH GENUINE PARTS COMPANY / NAPA AUTO PARTS — FOR
IN-HOUSE PARTS OPERATIONS — ALLOCATE $1,523,236.50 FROM GENERAL SERVICES
ADMINI - SEE LABEL 4
Mayor Carollo: Then we will go to CA-11. There's a motion for CA-1 I?
Commissioner Teele: So moved, Mr. Chairman.
Mayor Carollo: Moved. Is there a second to CA-] 1?
Vice Chairman Gort: CA-11, I'll second.
Mayor Carollo: Seconded by Commissioner Gort. All in favor, signify by saying "aye." Nays?
Chairman Plummer: One.
Mayor Carollo: OK. It passes four to one. Commissioner Plummer votes against it.
21 December 8, 1998
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-1178
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH GENUINE
PARTS COMPANY D/B/A NAPA AUTO PARTS, FOR THE
PROVISION OF IN-HOUSE PARTS OPERATIONS, FOR A
PERIOD OF TWO (2) YEARS, WITH THE OPTION OF THE
CITY TO EXTEND SAID AGREEMENT FOR TWO (2)
ADDITIONAL ONE-YEAR PERIODS, AT AN ANNUAL
AMOUNT NOT TO EXCEED S1,523,236.50; ALLOCATING
FUNDS THEREFOR FROM THE DEPARTMENTS OF GENERAL
SERVICES ADMINISTRATION AND FIRE -RESCUE OPERATING
BUDGETS AS PROVIDED IN ATTACHMENT I.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: Chairman J.L. Plummer, Jr.
7. COMMENTS CONCERNING ORDER OF DAY - DIRECT CITY CLERK TO PROVIDE
ADMINISTRATIVE LIST OF ITEMS WHICH SHOULD HAVE BEEN INCLUDED IN DECEMBER
8, 1998 AGENDA.
Mayor Carollo: We're on to Item Number 2.
Commissioner Teele: Mr. Chairman?
Mayor Carollo: Yes, sir.
Commissioner Teele: We need to establish the order of the day under this agenda, under the rule, please.
Mayor Carollo: Commissioner, the order of the day that we're following are the items that we have
scheduled before us, in the regular Commission agenda.
Commissioner Teele: That's not correct, Mr. Mayor. The order of the day is established by the body, and
22 December 8, 1998
the body...
Mayor Carollo: That's correct.
Commissioner Teele: ...the body has before it items that have been properly scheduled under the ordinances
and under the rules of this City that are not properly before us today and so, I would like to ask the City
Attorney to read into the record all of the items that the Manager, who is doing this agenda, that this
Commission is obliged to take up under our rules.
Mayor Carollo: If I may, Mr. City Attorney. You could go ahead and answer Mr. Teele's request, as he has
asked. For the record, this City Commission has never had any problems before in following the items that
we have before us on a duly approved agenda. At the same time, if any member of this body ever wants an
item to be pulled, to be heard before or after, this body has always had that right to do that. Mr. City
Attorney.
Mr. Vilarello: I'm sorry, Commissioner Teele. I don't understand the question.
Commissioner Teele: What -- other than the items that are on the printed agenda today, what are the items
that are legally, properly before this Commission today?
Mr. Vilarello: The only ... the printed agenda, of course, contains all those items that were distributed within
the five-day rule. In addition to that, at your request, I had prepared three items, resolutions that I had
distributed to the City Commission in compliance with the five-day rule, and are lawfully able to be
considered by this City Commission today. Other than that, I'm not aware because this is a public meeting
that's been properly notified, this City Commission has the right to consider other items that might not be on
the printed agenda.
Commissioner Teele: And I want you just to put on the record again the three items, if you would, please,
that are properly placed under the ordinances of this City before this City Commission.
Mr. Vilarello: You requested three items be distributed to the City Commission for consideration today.
One, would you like me to read the entire caption of the resolution?
Commissioner Teele: Yes, sir, because they're not properly before us. In most governmental bodies, an
agenda, a supplemental is published to make sure that any scrivener's errors or any technicalities are
addressed, but we still haven't gotten around to doing that yet.
Mr. Vilarello: There is no authorization for supplemental agenda in the Commission. There's no limitation
either. However, there is a limitation on the number of items that the Manager can place on the agenda.
That's a rule placed by the City Commission.
Commissioner Teele: Mr. Attorney, I'm not talking about any item that the Manager's placing on. I'm
talking about ... this is a Commission legislative body and all of the legislative members of this Commission,
under the rules of this City, can place items properly before the body. The question that I'm asking you
directly is to read into the record those items that legally, from the City Attorney's Office, are properly
before this Commission today.
Mr. Vilarello: There's three items -- three resolutions. First resolution is a resolution directing the City
Manager to schedule a duly advertised public hearing at the next, regularly scheduled City Commission
meeting, immediately following the meeting at which the City Commission expresses its desire to reallocate
23 December 8, 1998
or reprogram any U.S. Housing and Urban Development funds; set public hearing and comply with all
notice, provisions, pursuant to applicable law. Second item is a resolution establishing a City of Miami
Charter Review and Reform Committee to review the Charter of the City of Miami, Florida, as amended,
and any Charter proposals forwarded by the Mayor and/or City Commission, and recommend amendments
necessary to form and update said Charter; setting forth said committee's purpose, powers, duties, to
provide for officers, meetings, quorum requirements for membership and providing for sunset provision of
said committee. The third item is a resolution establishing a 64-hour per pay period as a full-time
employment for the purposes of computing health, social security, and employee benefits, as may be
applicable and as otherwise not prohibited as it pertains to City personnel employed in the offices of the
Miami City Commissioners.
Commissioner Teele: All right. Mr. Mayor, may I inquire? What numbers you're giving those items, so
that we can refer to them during the conduct of this meeting?
Mayor Carollo: Mr. Teele, we will give the items that the City Attorney has read, the last three numbers on
the agenda, so that when we're done with the last items in the printed agenda, we can deal with those three
items.
Commissioner Teele: All right.
Mayor Carollo: Or any pocket items that anyone would like to bring up.
Commissioner Teele: All right. Thank you, Mr. Mayor. Now, Mr. Mayor, in addition, this Commission
has directed, as a legislative body, that certain items appear on this agenda today that are not on this agenda.
The Clerk's office has a list of them. There's approximately nine items, which have been legislatively, by
this Commission vote, instructing the Manager to put them on the agenda, that are not on the agenda. I
would ask for permission for the Clerk to be directed or to be afforded the opportunity to provide a written
list of those items that this Commission has voted upon, or the Commission in previous meetings have
directed be placed on this agenda, and that they be distributed, and we reserve the right to assign the
appropriate number to them at the time that you feel that it's appropriate.
Mayor Carollo: Commissioner, I will request that any items, if there are any, that should have been placed
on the agenda that were not, that they will be dealt with at the end of the agenda, if this body so wishes.
Commissioner Teele: All right. And I'm going to request the Clerk to provide an administrative list, based
upon the Clerk's minutes, of those items that were deferred last meeting to this meeting, that did not come
back up, and those items that were previously directed to be on this Commission agenda that are not on the
agenda. Thank you.
24 December 8, 1998
8. RATIFY INTENT OF RESOLUTION 98-933, AUTHORIZING REALLOCATION OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS TO GREATER MIAMI NEIGHBORHOOD ASSOCATION
AS TRUSTEE FOR BASIC TRAINING ACADEMY — FOR PURPOSE OF ACQUIRING AND
STABILIZING PROPERTY LOCATED AT 420 NW 10 STREET — FURTHER AMENDING
RESOLUTION 98-933 TO DECREASE CDBG FUNDING ALLOCATION FOR SAID PURPOSE FROM
$300,000 TO $200,000, SUBJECT TO CONDITIONS — MANAGER WORKING WITH THE U.S.
ATTORNEY AND STATE ATTORNEY IN ASCERTAINING WHETHER THERE HAS BEEN ANY
IMPROPRIETY IN CONNECTION WITH SAID TRANSACTION; INCLUSION OF A REVERTER
CLAUSE WHEREIN IF PROPERTY CEASES TO BE USED FOR AFFORDABLE HOUSING, IT
WOULD COME BACK TO THE CITY; A ONE YEAR TIME FRAME TO SUBMIT A
DEVELOPMENT PLAN AND FINANCING TO SECURE RENOVATIONS; COMPLETION OF ALL
COMMUNITY DEVELOPMENT DOCUMENTS AS A PREREQUISITE TO SECURING FUNDING;
ENSURING THAT REMAINING EQUITY COMES BACK TO THE CITY TO PAY OFF ANY
OUTSTANDING DEBT OWED BY THE PROPERTY OWNER.
Mayor Carollo: Very good. Now, if we could get back to Item Number 2 on the regular, printed agenda.
Public Hearings, Item Number 2. Gwendolyn.
Ms. Gwendolyn Warren (Director, Community Development): Yes. Mr. Mayor, the City administration
has been directed, was bringing forth to you, three public item agendas on the regular agenda. They're listed
as Items 2, 3, and 4. Number 2, which is a reallocation of resources to an organization named Greater
Miami Neighbors, to administer or to oversee a housing related project for a group called Basic Training, is
on your agenda. It was published in the newspaper and it is ... the attached resolutions are behind it. Just an
informational item at your September 28 meeting. I think the Commission or Commissioner Teele
presented a resolution and it was approved to take the two hundred thousand dollars ($200,000) that was
previously allocated to a group titled Basic Training, and an additional hundred thousand dollars
($100,000), under a previously approved resolution by the Commission, to offset City costs for participation
in an Empowerment Zone application, for a total of three hundred thousand; to take those -- that source of
funds and to award it to a group entitled Greater Miami Neighbors for the purposes of being the fiduciary,
the oversight agent, for Basic Training in a renovation of a building in the City, purchase and the renovation
of a building. At that meeting, I think it was stated on the record that we would have to, again, go through
the public hearing process. Since that timeframe, we have, in fact, verified that it did require a public
hearing as a result of the increase in the additional hundred thousand dollars ($100,000) at that time. And
subsequent to that, we've also determined that we have not received all the final bills or reconciliations on
the Empowerment Zone resolution. So, what staff is bringing before to you is a resolution to transfer the
two hundred thousand dollars ($200,000) to Greater Miami Neighbors, absent of the one hundred thousand
addition from the Empowerment Zone process. But, additionally, what staff has been able to provide you is
some additional information, in that we're anticipating the cost of this project, whether it's two hundred or
three hundred thousand, to be well in excess of the amount that the Commission is anticipating awarding.
The amount, as staff has reviewed, is that the cost of the property, we're estimating to be in the range of
three hundred and forty thousand. Based on the condition of the property, we're look -- which is thirty-four
units, located here in the City of Miami -- we're looking at a renovation cost of about twenty-two thousand,
which is an additional seven hundred -- an average of twenty-two thousand dollars ($22,000) a unit, which
brings it to seven hundred and seventy-four thousand dollars ($774,000) in renovation costs above the
purchase price. Again, the issue of the additional hundred thousand dollars ($100,000), we're still waiting to
do close-out. So, if you choose, that's not an issue for us. But the additional, approximate eight hundred
thousand dollars ($800,000) dollars in renovation costs are not currently available. We have sent
correspondence to Greater Miami Neighbors, trying to ask them how they would, in fact, complete the
25 December 8, 1998
project, where they would get the additional funds. They have not responded either in writing or verbally to
any of our inquiries, as to how they would completely do this project. Because of that, staff is
recommending that you not go forth at this time, until their sources are identified to complete the project.
Commissioner Teele: Mr. Chairman?
Mayor Carollo: Go ahead, Commissioner.
Ms. Warren: But, we did bring back the resolution as directed.
Commissioner Teele: Mr. Chairman?
Mayor Carollo: Go ahead.
Commissioner Teele: Members of the Commission, let me first of all clarify three things on the record.
The project that is before us today is simply the acquisition of a building that is a clear slum and blighted
area, that I think there are pictures of it. It is directly in front of the Jefferson Reeves Health Clinic, as you
may know. It is currently being occupied by vagrants and vagabonds. It has been in that condition over the
last five years. There has not been a Certificate of Occupancy, a legal Certificate of Occupancy, as I
understand, for some time. Let me give you, please, just a little bit more of the background. Basic Training
is a faith -based organization that is involved primarily in homeless men in the inner city. That utilizes
primarily physical fitness and physical training, as opposed to education, perhaps, as a way of helping to
detoxify these men. At the time of the CD (Community Development) process, this Commission engaged a
discussion with the Manager in which it was thought that a building, which is currently located on 3rd
Avenue and 12th Street, would be an appropriate location, and the original funds were for the rehabilitation,
for the rehabilitation of that building. The subsequent application, unfortunately, staff has not picked up on
the change, is that the request is for the acquisition and the stabilization of the building. Now, one of two
things will have to happen to this building. Either it will be bulldozed, as 90 percent of the buildings in
Overtown should have been bulldozed, or it will have to be stabilized. This is the horse -shoe shaped
building. In fact, you can see it as you drive down 95, and I know that people like Commissioner Sanchez,
who have been walking through the area, you know the building because I saw you the other day over in that
area. It's directly in front of the Jefferson Reeves Clinic. The Manager and the Attorney were to have given
us a report on the demolition of the building for which these funds were originally earmarked for, and just
so that the record is clear, the building, which is the largest prostitution house in the City of Miami today
and the largest drug house in the City of Miami today, continues to be, as it has been for the last three years,
owned by the City of Miami, effectively, and it is effectively in a state of disrepair, where you can go by
today, at noon or tonight, at midnight, and buy drugs. City -- courtesy of the City of Miami. City of Miami
is, in fact, the legal owner, once all the title issues have been done. But we're not talking about that
building, which I hope we will soon bulldoze. We're talking about a u-shaped building. The owner of that
building, I learned in "The Herald" on Sunday, is a fellow by the name of Mr. George -- if my staff could
get me that newspaper out here. George Tabares. Get me the newspaper, please. Apparently, this
Commission -- and I was not — "The Herald" has a nice way of writing things -- on a unanimous vote -- and
I want to state for the record, I wasn't here for that vote. I was not one of the Commissioners during that
pocket item vote. But this Commission apparently approved some million and a half dollars to this
gentleman, Mr. Tabares, one point six million dollars ($1,600,000), who is apparently a convicted tax fraud
and, supposedly, a person involved in the marijuana smuggling. He also, apparently, has been banned by
the Florida Bar from practicing law. This is the story that appeared in the "Miami Herald" this Sunday, and
I was shocked to learn that this Commission had approved such a pocket item for this gentleman. But I want
to be very clear. I don't know the gentleman, other than the fact that he has come to my office on three or
four occasions to seek assistance in getting documents approved, which I have told him to go see the
26 December 8, 1998
Manager. This building that we're talking about has nothing to do with the "Miami Herald" Sunday story.
It is a separately owned building, which, apparently, based upon the record of the court, he acquired it for
approximately a hundred and forty thousand dollars ($140,000) -- a hundred and forty-five thousand dollars
($145,000). He owes approximately a hundred and forty-five thousand dollars ($145,000) to the mortgage
holder, which is a Trust out of Palm Beach. And the purchase price, based upon an appraisal, is
approximately a hundred and sixty thousand dollars ($160,000). The three hundred thousand dollars
($300,000) that is before us today is not for the rehabilitation, as explained by the staff, but it is for the
purchase of the building by the Greater Miami Neighborhoods on behalf of Basic Training, and it is to
stabilize the building, that is, so that the building is not doing what most of the other buildings are doing in
Overtown, which is dragging down property values. In light of the "Miami Herald" story and in light of this
gentleman's past, I would like, at the appropriate time, Mr. Chairman, to be afforded to opportunity to move
the item, subject to the City Attorney meeting with the State's Attorney and the U.S. Attorney to determine
that this transaction does not have any negative implications as it relates to the City of Miami's dealings. I
want to be very clear that I don't know the gentleman. I'm sure he's a fine gentleman, other than the things
that I've already said about him that were not fine. And I'm sure that he will sue somebody if they say the
wrong thing about him, so I don't want to ... but this has nothing to do with him. This has to do with Greater
Miami Neighborhoods and providing a site for homeless people. And the one thing that I want the
Commission to know, Commission Plummer, I have never heard a Commissioner in the County or in the
City say, I will support a homeless center in my district. The only homeless center that's ever been built in
this town was built in the district that I represent, as a County Commissioner. And this facility, in effect, is
a facility for transient young men. And I think, you know, we need to be very clear about what is going on
here and what is happening here. The concerns of the staff are well-founded and I would expect that, in the
next CD (Community Development) cycle, they will be afforded the same opportunity, as anyone else, to
apply for funds. But, specifically, what has not been stated on the record and it is a part of the record, is that
Greater Miami Neighborhoods was also instructed to go out and get foundation money by this City
Commission, in the resolution that is already been passed by this Commission. And, again, Mr. Manager, I
think these kinds of omissions are not helpful to building a relationship, one, based upon truthfulness and
openness, and in a spirit of cooperation. So, I agree with you that there are going to be costs. I don't want to
debate what the costs are going to be. The Miami Heat organization has reviewed this project. They have
put a number on it of about five hundred thousand dollars ($500,000.) or six hundred thousand dollars
($600,000) in terms of the rehabilitation costs. I heard you say nine hundred thousand dollars ($900,000).
But somewhere between five hundred and nine hundred thousand dollars will be the rehabilitation costs and
that's going to be something that we'll have to deal with at that time. Thank you, Mr. Chairman.
Mayor Carollo: Very good. If I may...
Chairman Plummer: Let me ask, I guess, a foolish question. What happens if they don't get the money and
we're sitting there with a piece of property?
Commissioner Teele: J.L., let me just tell you this. Number one, we don't own the property now. We won't
own the property then.
Chairman Plummer: Oh, yes, we will.
Commissioner Teele: No, no, no, that's not true.
Chairman Plummer: Any monies -- excuse me, Mr. Teele. The policy of this Commission has been long
standing, that any monies that we give out, that once that property is vacated, it reverts back to the City of
Miami.
27 December 8, 1998
Commissioner Teele: J.L., that may be the policy of this Commission but that is illegal, OK, and you can do
what you want to do but this Commission has been doing a lot of illegal things. The fact of the matter is
this, as far as I'm concerned, the whole CD process in Overtown needs to be put on hold and we need to get
bulldozers and bulldoze 90 percent of these buildings.
Chairman Plummer: Won't have any problem with that.
Commissioner Teele: The answer to your question is going to be this, J.L., if this project is not developed,
it must be bulldozed. And the truth of the matter is, it should have been bulldozed five years ago..
Chairman Plummer: Agreed. I also need to know, when you talk about the Good Neighbor, is that the
organization?
Ms. Warren: Greater Miami Neighbors.
Vice Chairman Gort: Greater Miami Neighborhood.
Ms. Warren: Neighborhood.
Chairman Plummer: Now, on the agenda it talks about a company Power, Faith and Deliverance Ministries.
Who are they?
Ms. Warren: That's a -- Basic Training is a sub group of that
Chairman Plummer: Well, my agenda speaks...
Commissioner Teele: No, no, no, no, no. The two organizations have absolutely, absolutely nothing to do
with each other. Basic Training is a faith based organization. You see these men and women running
around in boots. They've been here. They were here for the CD process.
Chairman Plummer: I've seen them.
Commissioner Teele: J.L., every morning, at 5 a.m., they're up; they go through Overtown; they go all the
way up through Wynwood; all the way up into Liberty City, and they come back. They do about a five mile
run everyday in the morning and in the evening. They're involved in community activities and they,
basically, are dealing with people that are on drugs, alcohol, and people that, quite frankly, have lost their
way in life.
Chairman Plummer: My agenda also refers to the fact that the amount is being reduced from three hundred
to two hundred.
Ms. Warren: Well, just a point of clarification. One, the information that, Commissioner Teele presented a
resolution at your September 28th meeting. In the resolution it describes a group called Basic Training,
Power of Faith and Deliverance Ministries. It also talks about the acquisition transferring the monies that
were awarded by this body to Greater Miami Neighborhoods, Incorporated, to be a fiduciary oversight
agency for the purpose of purchasing the property at 240 1 Oth Street, and it says to require and renovate said
property. The amount in that resolution...
Chairman Plummer: My question is...
28 December 8, 1998
Ms. Warren: ...is three hundred thousand. That's where we got the information.
Chairman Plummer: And, Commissioner Teele, if he is right, he's right. The acquisition of the property
will be in whose name?
Ms. Warren: The resolution that you adopted on the 28th says that the land would ... you would award the
money to Greater Miami Neighborhoods for Basic Training and if, in fact, they did not occupy or use the
property for the purpose intended, it would be reverted to the CRA (Community Redevelopment Agency).
Chairman Plummer: OK. In other words, if they don't get the money for renovation or they go out of
business, the property goes to the CRA?
Ms. Warren: Ah, basically, yes. I mean, a shorter version but yes, sir.
Chairman Plummer: Is that your understanding?
Commissioner Teele: That is an interpretation. What the resolution says is that, if, during the 30 year
period of time of the trusteeship, they fail to continue to function as an organization -- that's what the
technical documents will say.
They failed to...
Ms. Warren: But that's not what the resolution says.
Commissioner Teele: Well, that may not be but you don't put everything on the -- I'm trying to give you the
intent. If they fail to function as an organization, if, for any reason, they stopped functioning or they tried --
in effect, they can't sell it. They can't turn around 10 years from now and sell it to the Public Health Trust,
for example, for an expansion building, which would be a logical use, to be very candid with you. It must
be used for housing, for these kinds of people.
Chairman Plummer: And who would be the recipient of the money if they sold it?
Commissioner Teele: They can't sell it, J.L. They cannot sell it.
Chairman Plummer: They go out of business, OK? They go in default or out of business. Then, the
property can only be given by whose direction to who?
Commissioner Teele: By Greater Miami Neighborhoods Board of Director, as the trustee for the property.
J.L., but let me tell you something. Treat them the same way you treat the Coconut Grove CDC
(Community Development Corporation) or anybody else. Don't start -- let's don't start making new rules up.
Chairman Plummer: No, I'm...
Commissioner Teele: No, no, no. When we give grants to people, we don't start talking about what's going
to happen 30 years from now. And, in many cases, unfortunately, in many cases unfortunately,
organizations have had a change of direction and purpose. What I'm simply saying -- and the intent was not
what is being discussed now. The intent is to ensure that this building is used for housing for the next 30
years, and that it is used for housing primarily of people who have lost their way in life. J.L., when you've
unemployment of 50 percent, like you do in Overtown...
Chairman Plummer: Yeah.
29 December 8, 1998
Commissioner Teele: ...you've got a real problem with just having people walking up and down the street
with nowhere to go.
Chairman Plummer: Mr. Teele, my problem is, who is going to receive the money? Who is going to be the
ownership of the property?
Commissioner Teele: Greater Miami Neighborhoods is the trustee at the end...
Chairman Plummer: Will they remain as the owner of the property?
Commissioner Teele: They will be in a position, according to the previous resolution, to transfer the
property to Basic Training after, I think, 30 years of good -- we don't have a -- I don't know Basic Training.
Chairman Plummer: Neither do I and that...
Commissioner Teele: We don't have a good history. I mean, but we don't know a lot of people that we
invest with. But what I'm saying is, Greater Miami Neighborhoods is the most pristine organization
involved in housing in this...
Chairman Plummer: Have no problem with them. I don't know the people of Basic Training. That's my
problem.
Commissioner Teele: And that's why we've got them in between us. And that's why we've got Greater
Miami Neighborhoods in between us.
Ms. Dena Bianchino (Assistant City Manager): Could I clarify something from the resolution?
Mr. Donald H. Warshaw (City Manager): And I would like to clarify something too, Mr. Mayor..
Mayor Carollo: Go ahead, ma'am.
Ms. Bianchino: The resolution that was passed by the Commission states, "whereas, upon issuance of a
Certificate of Occupancy, Greater Miami Neighborhoods, Inc. shall convey the aforementioned property or
lease at nominal charge to Basic Training for its exclusive use." That is not 30 years. That's immediately
after the build is completed.
Commissioner Teele: Well, the technical documents that would be drafted would be subject to anything we
want, but the issue is not the agreement, the use agreement. The issue today is the authority to move
forward with the acquisition of the buildings and, if you want to make subject to conditions that are
approved by this Commission, I've already said subject to the City Attorney working with the U.S. Attorney
and the State's Attorney to ensure that this transaction does not have negative implications. I don't want to
enrich Mr. Tabares or Mr. XYZ or anybody else that I don't know, that may have legal problems. At the
same time, the fact that he owns the property and the fact that that property is in a very, very good use and
has not been used for five years -- in fact, I think, if you go through the records, my office requested, at one
point, that you all consider issuing a demolition order for the property or that it be taken before the Unsafe
Structures Board. The property is one of about twenty negative properties in the City, in the Overtown area.
Mayor Carollo: Commissioner Plummer, if I could give you the gavel. Who is the actual owner of this
property?
30 December 8, 1998
Mr. Warshaw: Mr. Mayor, Mr. Tabares is the owner of the property. He's in default. We did some due
diligence on this and, basically, he was a hair away from having the property foreclosed on the courthouse
steps. And, evidently, the intent of the, possible intent of the City to purchase this facility has delayed that
somewhat. My concern is that because he owes the City in excess of a million dollars ($1,000,000), that if
he has an equity position in this building, that we do one of two things: Either, number one, take it up the
courthouse steps or, number two, if we purchase it, put a lien against any profit position he would have on
the building so that that money could be diverted or held in abeyance for the City, based on what he owes
US.
Commissioner Teele: I would hope that the Manager...
Mayor Carollo: Excuse me, Commissioner. When I'm done, you could have the floor again.
Commissioner Teele: Oh, I didn't know you were talking.
Mayor Carollo: Yeah, I am, sir. Now, you said that Mr. Tabares was a hair away from being in default on
this property that...
Mr. Warshaw: Yes, sir.
Mayor Carollo: I think what I understood was that, basically, what has stopped was the possibility of this
property being bought. Now, if that's the case, then, what are we doing here? Because, obviously, if he
would go in default and be going to the house court steps, it could be acquired for a fraction of what is being
asked for here today.
Mr. Warshaw: I would think so.
Mayor Carollo: The other question that I have and a series of questions on this matter is, has Basic Training
entered into any actual contract already on this property or is it just on a handshake and a word of mouth?
Ms. Warren: My understanding is that, the City, again, during the 24th year allocation, awarded the monies.
We have not been able to complete the contract process because they're not currently legally structured to
receive funds.
Mayor Carollo: But that's not what I'm asking, Gwendolyn. I'm asking, is there any contract between Basic
Training and the individual that supposedly owns the property now? Is there a contract between them...
Ms. Warren: I'm not aware of one.
Mayor Carollo: ...to buy the property?
Ms. Warren: I'm not aware.
Mr. Warshaw: Mr. Mayor, it's my understanding that Mr. Tabares, in an attempt to unload the building and
not be foreclosed on, has exercised some kind of a contract with this group, Power, Faith and Deliverance
Ministries. And immediately after that happened, they went into default. So, what you have is an extremely
complicated real estate situation right now. You've got two people who are in default, and the actual owner
of the building is the Myers Family Trust that, I think, has owned the building for many, many, many
decades.
31 December 8, 1998
Mayor Carollo: Yeah, with all due respect, Mr. Manager, if there is any kind of contract between Mr.
Tabares and Basic Training to have kept him out of being in default, whereas, then, they would have had to
have entered into a contract to buy the property. In fact, doesn't that make them the owners then?
Mr. Warshaw: That's a good legal question and I don't know. Because my understanding of what happened
is, they went into default almost immediately and I don't think title could have ever changed, if they didn't
take full control of the property. But I don't know if it's a contract that they went into default on. I guess it
would probably be a contract rather than a mortgage contract between Tabares, in reality, Tabares had no
right to sell it because he's in default.
Mayor Carollo: If it's a contract, then, no, then, he would still be the owner, if it hasn't been filed
Mr. Warshaw: I would think so.
Mayor Carollo: ...in the courts. But I think that, before this Commission can take any action on that, we
need to have all that clarified and copies of any kind of contracts and transactions between Tabares and
Basic Training. Plus, have the information before us as to what has happened between Mr. Tabares and this
other group, this Trust, that supposedly were the ones that sold him the property that he was in default on.
Is there a representative here from Basic Training?
Commissioner Teele: Mr. Chairman, the CRA has, and under my direct leadership, has taken the
responsibility of providing technical assistance. Because the truth of the matter is, while I applaud, I'm sure
your concern, the fact of the matter is the greater concern is the fact that this building is a major, major
nuisance and a major, major, rodent collector and it's been that way for the last five years. So, the answer...
Mayor Carollo: Very good. But it still doesn't answer my question. Is there a representative here from
Basic Training.
Commissioner Teele: There is not a representative from Basic Training here, in that the CRA has agreed to
basically oversee the technical issues associated with this. Because I was concerned about some of the
issues that you just raised. But I think it needs to be very clear, Mr. Chairman, about one thing. If the
Manager, in fact, did due diligence, as he's just stated on the record, then, the Manager has, again, misstated
the facts and, quite frankly, has told a lie about what...
Mayor Carollo: If I can, Commissioner, before we get into the same old rhetoric, the lying, and the attacks.
Chairman Plummer: All right, whoa, whoa, whoa. Mr. Mayor, you have the floor.
Mayor Carollo: Thank you.
Chairman Plummer: I will ask the courtesy of Mr. Teele.
Once you have completed...
Commissioner Teele: As soon as he finishes, I want to correct the record.
Chairman Plummer: You will have the floor the minute he finishes.
Mayor Carollo: OK. Now, there is no representative here from Basic Training. That's been established for
the record. Now, is there a representative here from Greater Miami Neighborhood Association, Inc.?
32 December 8, 1998
Mr. David L. Perkins: I'm a part of the Community, Inc. I'm part of that.
Chairman Plummer: Sir, the question was very simple. Do you represent either one of those organizations?
Mr. Perkins Yes, I told you.
Chairman Plummer: Which one are you a member of?
Mr. Perkins: I'm with the CAA, in the Community Action section.
Chairman Plummer: Sir, do you -- you're not listening to the question, as usual. Mr. Perkins, are you a
member of the Greater Miami Neighborhoods Association or Basic Training?
Mr. Perkins: No.
Chairman Plummer: Thank you, sir. You'll be quiet until such time it's a public hearing, you will be
recognized. Mr. Mayor, you have the floor.
Mayor Carollo: Thank you, Mr. Chairman. Now, is there a representative here from the Greater Miami
Neighborhoods Association, Inc.? OK, there is not also. I think it is vital for this Commission to be able to
speak to the representative, and I would ask that it be the CEO (Chief Executive Officer) of the Greater
Miami Neighborhood Association, Inc., and that we hear from the president, if not, at least a registered
agent, if there is one of Basic Training. It is my understanding that there is some kind of a contract that, if it
hasn't been given already to the CRA, that it's going to be given by the Greater Miami Neighborhood
Association and the CRA, that it -- one of the things that I've heard is that part of the contract, where they
will be paid for, would be to manage this project as a trustee. I don't know if that's correct or not, but there's
been a lot of statements made here about the CRA being the body that has put all this together, and 1, for
one, would like to know how this all came about? Who went to Mr. Tabares for this property? Who was
the one that entered into the agreement with Mr. Tabares? Who was the person that put all this together, so
that we could ask some questions and get some better answers? Now, basically, what I still don't understand
is, if the CRA, which all the members of this Commission are the board members of the CRA also, has been
instrumental to all this, it seems to me that not all the members are fully appraised as to what has been going
on between the CRA and Basic Training or Greater Miami Neighborhood Association. And I would just
caution this body that, before it would move forward having any final approvals and, in particularly, since
the administration is not approving this as it is, that it would go slowly and have answers to the questions
that I brought up and many others that, I'm sure, individual members would have before this is finally
brought to a vote.
Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, thank you very much. Number one, Mr. Manager, you said you did a
due diligence, is that correct?
Mr. Warshaw: I said I did some due diligence. Yes, sir.
Commissioner Teele: OK. But, yet, you responded to the Mayor...
Mr. Warshaw: Yes, sir.
33 December 8, 1998
Commissioner Teele: ...that Mr. Tabares stands to make a profit?
Mr. Warshaw: I said, if he stands to make a profit, that we would want to place...
Commissioner Teele: Did your due diligence...
Mr. Warshaw: Let me finish, Commissioner. Excuse me. I said, if Mr. Tabares stands to make a profit, in
light of the fact that he owes the City of Miami a substantial amount of money, that it would be a good
business practice for us to ensure that we don't support his efforts, considering number one, he is a
convicted money launderer involved in marijuana/drug trafficking. Number 2, I wouldn't want to see any
monies that he could profit from come from the City, while he is in debt to the City over a million dollars.
Commissioner Teele: I think we all agree with that. I think there is no difference of opinion, and I would
hope that the management would be alert to the switch and would not allow Mr. Tabares to make one red
penny profit.
Mr. Warshaw: Yes, sir.
Commissioner Teele: If he owes us -- if he owes the City money and if I has the transaction, I would hope
that, at the closing, we are there with the biggest check walking out of that. But I think your due diligence,
you said, it's owned -- the property is owned by -- what group did you say?
Mr. Warshaw: The property is owned by Mr. Tabares, but there is a contract that Mr. Tabares exercised
with the Power, Faith and Deliverance Ministries. Also, known as Basic Training.
Commissioner Teele: OK. Let me come back to that. You said there was a mortgage holder on the
property?
Mr. Warshaw: Yes, sir.
Commissioner Teele: And who is the mortgage holder?
Mr. Warshaw: I believe it's the Myers Family Trust.
Commissioner Teele: That's correct, it's the Myers Family Trust, a very long Trust. And the Myers family
owned this property for about 30 years, I believe.
Mr. Warshaw: Yes, sir.
Commissioner Teele: Now, did your research reveal the amount of the mortgage that Mr. Tabares owes?
Mr. Warshaw: No, sir.
Commissioner Teele: OK. Would it surprise you to believe that it's around one hundred and fifty thousand
-- a hundred and forty-five thousand dollars ($145,000)?
Mr. Warshaw: It would not surprise me.
Commissioner Teele: OK. So, I just want the record to be very clear that, while the appraisal of the
property is about a hundred seventy-five thousand, and while it is our understanding that Basic Training and
34 December 8, 1998
Tabares have had discussions between the two of them that would buy the property for approximately a
hundred and fifty-five thousand dollars ($155,000), OK, it is our understanding that any contract between
Basic Training and Tabares is going to be void because it must be pursuant to the state law and the County
-- and the City ordinances relating to an appraisal of the project, and that is why, one of the things that is
very, very clear, that Basic Training is not an appropriate administrative agency to do this project, and that
they need a fiduciary, OK. And the relationship has been between the CRA and Greater Miami
Neighborhoods to assist them and to provide technical assistance, as they have done with at least five
organizations that I'm aware of, including DEEDCO (Dade Employment and Economic Development
Corporation), including -- what's Jackie Bell's organization?
Ms. Bianchino: New Washington Heights.
Commissioner Teele: New Washington Heights, in which they were the fiduciary for them for four years
because of the HUD (Housing and Urban Development) audit that were adversary to New Washington
Heights. And, so, I just wanted to be very clear to the Commissioners that using a fiduciary that has
capacity and know-how in understanding is not only reasonable and is expected, it is what HUD (Housing
and Urban Development) recommends that you do and it doesn't necessarily represent a shadowy, strange,
perverted, criminal conspiracy kinds of relationships that one person up here would cast or subscribe to
virtually every transaction that, I think, -- you know, that anyone is involved in. Now, as it relates to Basic
Training and the Power, Faith and Deliverance Ministries, they would not be the recipient of the grant, and
this is a public hearing regarding the three hundred thousand dollars ($300,000) of grant funds to acquire the
building, stabilize the building, and basically provide the architectural/engineering planning support for the
renovation and the construction of a housing facility. And, so, I just want the Commissioners to know that
once the smoke clears, that at the end of the day, we're considering not the contract -- and I fully agree with
the Mayor in this one instance -- that any contract should come back to this Commission for a review and
ratification. That we're not talking about the renovation that will come back before us at a later date, I'm
sure, but what we're talking about is securing a building -- and contrary to the fact that it was about to be
sold on the courthouse steps representation -- Basic Training went out because they could not continue to
wait on the City. It took the City of Miami four months to determine that the building that we held the
public hearing on, the building on 3rd Avenue and 12th Street -- that's why I want to refer you back to this
original source, as Mayor Carollo obviously wasn't here. He says he wants to know, how did it happen?
How did it start? It started because the City of Miami owns a building on 12th Avenue -- 12th Street and
3rd Avenue. What's that building, Mr. Attorney? The one that you all have been trying to get the title
cleared on for the last six months.
Mr. Vilarello: The foreclosure action is pending. I don't recall the name of the building, but
Commissioner Teele: I think it's something like 242 or something.
Mr. Vilarello: Two twenty-four.
Commissioner Teele: Two twenty-four. It's the drug house. It's the prostitution house. The Building and
Zoning Department and the Community Development Department determined that that building was not an
appropriate site for the activities that we're talking about, that we approved back in April, and it took us until
August for us to determine that it was not an appropriate site. In the interim, apparently -- and, in fact,
Building and Zoning recommended that the building be bulldozed, as being unstructured -- structurally
unsafe. That somewhere in between that period of time, Basic Training got tired of waiting for government,
as they very well should have, and they went forward and found another location. Basic Training found the
location but because they entered into an agreement, it was determined that we would not enter into an
agreement with Basic Training because we did not feel that they had adhered to all of the local regulations.
35 December 8, 1998
And, so, I would again ask the Chairman, if you would allow the item to come forward, I would be willing
to make the motion, subject to everything that the Mayor said, that the management has said, that the item
be placed on the record, and subject to the City Attorney meeting with the U.S. Attorney and the State's
Attorney to determine that the transaction does not have a negative aspect as it relates to any ongoing
investigations. Thank you, Mr. Chairman.
Chairman Plummer: Mr. Manager, since I heard Dena say that immediately the Neighborhoods would turn
it over to the Ministries, have we done any background check on who are the board of directors of the
Ministries or the people that are responsible in the board?
Mr. Warshaw: Commissioner, let me answer that, and, then, I'm going to ask Miss Warren to go a step
further. I hear what Mr. Teele -- Commissioner Teele is saying with what happened since April, but let me
state for the record that, the administration has had, and I express the word valiant efforts, with an underline,
to meet with the people first from Basic Training and, then, from Greater Miami Neighborhoods, and Miss
Warren described to me, in words that I won't even use here, in terms of the kinds of communication she
was able to have with the people. She described them as being somewhat incoherent and she gave them
paperwork on numerous occasions, coming back and forth and back and forth, and she was unable to
communicate to them in the most simple terms what needed to be done. After those efforts took place,
attempts had been made to reach out to Greater Miami Neighborhoods, which, by the way, is a legitimate
organization with a good reputation, and they have not responded to any of Community Development's
responses. So, the Administration has not been laxed. It has been aggressive in trying to provide
information that you need to make an informed decision, and we really have had very little success. And I'd
like Miss Warren to amplify that.
Chairman Plummer: Well, could my question be answered? My question was, of the people who are the
board or whatever of the Basic -- what's the name of it, the Power, Faith and Deliverance, has there been a
background check done on those because they are going to be the recipients?
Mr. Warshaw: All right. So, then, let me respond to that as well. And there is some confusion on that. It's
not as clear as Commissioner Teele is stating. Power, Faith and Deliverance Ministries, it is an
incorporated body, a church group. Their State of Florida incorporation records say, their AKA, also known
as Basic Training. But what has happened is, they are a group of homeless men. Basically, they have taken,
as an offshoot of the Power, Faith and Deliverance Ministries, on their own, and they have called
themselves Basic Training. So, in effect, what we have is two organizations called Basic Training. One,
which is this group of young men who split away from the church and the group actually incorporated as the
church. And, to be perfectly honest with you, as of today, we're not a hundred percent sure who we're
dealing with because the people who have come in have not brought in any incorporation papers. I don't
know who the president is. There are some people listed in the State of Florida papers but it's my
understanding, they're from the church group, not from the group that now calls itself Basic Training.
Chairman Plummer: Do I interpret that to mean that you have not done a background check?
Mr. Warshaw: No.
Ms. Warren: What that -- what you should interpret that to mean is that...
Chairman Plummer: Excuse me. I would like an answer.
Ms. Warren: Correct.
36 December 8, 1998
Chairman Plummer: Am I to assume, from all of that editorializing that a background check has not been
done because you don't know who to do it on?
Ms. Warren: Correct.
Chairman Plummer: OK. Thank you.
Commissioner Sanchez: Mr. Vice Chair?
Mayor Carollo: Go ahead.
Commissioner Sanchez: After listening to both arguments, I'm ready to vote. I make a motion to call the
question.
Commissioner Teele: Mr. Chairman?
Mayor Carollo: There was a motion made by Commissioner Teele that was never second.
Commissioner Teele: We never closed the public hearing.
Mayor Carollo: No, we haven't closed the public hearing. That is correct. Now, are you proposing...
Commissioner Teele: Couldn't be a motion until...
Vice Chairman Gort: Excuse me. I've been patient asking to be recognized.
Commissioner Teele: But -- but...
Mayor Carollo: Commissioner Gort, go ahead.
Vice Chairman Gort: Now, let me ask you a question. I have a couple of questions. My understanding is,
Greater Miami Neighborhood Association, I know them very well, our commitment, Commissioner Teele,
correct me if I'm wrong, my understanding is, and according to the resolution that I read before, this is to be
awarded to Greater Miami Neighborhoods Association, who they have to build housing. The first housing
--the first right of refusal will be for this group, whichever group is recognized as the one to be the
recipients, but it's the owners of the property and the developer of the property will be Greater Miami
Neighborhoods Association?
Commissioner Teele: That's exactly right. And it doesn't matter, the owner of this property and the entity
responsible for the development of this property, if you will, will be Greater Miami Neighborhoods, under
the resolution passed by the City, under the instructions of the CRA, and it will be used only for homeless or
for housing. Primarily, in this case, for homeless people in the Overtown area.
Chairman Plummer: But why does it have to be turned over to anybody? Why can't they be the recipient?
Commissioner Teele: J.L., let's just agree now that it will stay with Greater Miami Neighborhoods
indefinitely, until acted upon by the Commission at a later date.
Chairman Plummer: That's -- you're getting there.
37 December 8, 1998
Commissioner Teele: That's fine. That's fine.
Vice Chairman Gort: My understanding is, part of the motion is, our attorneys are to sit down with all the
bodies involved in this transaction and if there is a sale to take place at the courthouse steps, that we could
take advantage of it, that we do take advantage of it. Am I correct on that? Because you want him to go to
the different agencies and to make sure that we go through all the legalities before...
Commissioner Teele: It's my understanding that the City Attorney has been instructed to meet with the
State's Attorney and the U.S. Attorney to ensure that this transaction does not have negative implications.
That if there is a sale and if Mr. Tabares is to get one cent, over and above the liens, the taxes -- the liens,
the taxes, and the first mortgage, which we know is the family -- the Myers family out of Palm Beach, that's
owned the property for 40 years, I can assure you that there will be nothing left for anybody.
Chairman Plummer: Didn't I understand the Manager to say that the amount of money would not come
from anything other than what this man owes the City?
Commissioner Teele: What are you saying?
Chairman Plummer: My understanding, what the Manager just said, that any dollars that are involved here
would be coming from the man owes the City a million dollars ($1,000,000) and we would take a hundred
and fifty-five thousand or the two hundred thousand from what he owes the City.
Commissioner Teele: J.L., you can't take money from people...
Mr. Warshaw: What I said, Commissioner, was that if there's any equity in the property...
Commissioner Teele: Equity.
Chairman Plummer: Oh, OK.
Mr. Warshaw: ...rather than going to Mr. Tabares, would revert to the City.
Chairman Plummer: And I would assume that any motion would, in fact, pertain to that all of the
documents required by Community Development must be completed before the actual transfer of any
funds?
Ms. Warren: Could I ask for one...
Chairman Plummer: And I still -- I'm -- my big problem is still -- Mr. City Attorney, explain to me why, if,
in fact, this were to go into default or not be used for what is the purposes
intended, that the property cannot revert back to the City of Miami. Even — and, then, you can put a
stipulation for housing.
Mayor Carollo: Go ahead.
Commissioner Teele: J.L., I'll agree to that. I'll agree to that.
Mayor Carollo: Commissioner?
Commissioner Teele: But let me tell you this, the City of Miami has
38 December 8, 1998
Mayor Carollo: Excuse me, please. Commissioner...
Commissioner Teele: J.L., would you yield?
Mayor Carollo: Commissioner, you're out of order right now.
Commissioner Teele: Thank you. He said that he yield to me.
Mayor Carollo: Thank you. Did you say that you yielding, Commissioner?
Chairman Plummer: I'm trying to get my question answered.
Mayor Carollo: OK. Go ahead, Commissioner.
Chairman Plummer: Very simply, if, in fact, Mr. City Attorney, that can be done, I'm going to be a lot more
comfortable, OK. Because, you know my greatest concern right now? They're not going to get the money
to renovate. I mean, if you look at that building, as I have written two memos to the Manager to put the
bulldozer to it, that's throwing good money after bad. Now, if, in fact, that money, if, in fact, that can be
reverted back to the City in default, if they vacate or they no longer exist, I have no problem with it, once it's
fixed up, being used exclusively for housing. I think that's very good in the neighborhood for homeless
people. With those two provisions, I could vote yes. Number one, that, in fact, the reverter back and,
number two, all documents must be completed with a full background check on the people who are running
the show.
Mayor Carollo: Miss Warren.
Ms. Warren: Is it possible that we could include language that would allow Greater Miami Neighbors or
whoever -- hoods -- or whoever to demonstrate the ability to finance, to complete the renovation on this
property before we give them monies to purchase it?
Commissioner Teele: J.L., that would be -- J.L., that would be totally unfair. That's not what we've ever put
on any CDC in this town when they come in and buy land. When we go out here and support the purchase
of land, and I can give you twenty examples of the purchase of land or property, we don't have -- they don't
have to do that. That's a totally unrealistic requirement, Mr. Manager, to ask.
Mayor Carollo: Miss Warren, go ahead.
Ms. Warren: But it's usually not for the purposes of acquiring a building to provide it for social service
agency or for a social purpose. If, in fact, we're giving them money to purchase the buildings for future
development, that's one thing. But if, in fact, what we're doing is transferring funds from one organization
to the other to do a fiduciary oversight for a program to be operated by that other, it's another. So, I'm
basically suggesting that, if, what Greater Miami Neighborhoods and/or the CRA is supposed to do is to
take this property, do some work with it for the benefit of Greater Miami Neighborhoods, that they
demonstrate some financial capability to do that.
Chairman Plummer: Answer one more question and then I'm going to shut up. What happens if, in fact, the
monies for the renovation are not forthcoming?
Ms. Warren: That's the whole point.
39 December 8, 1998
Chairman Plummer: No, but I'm asking, what happens?
Vice Chairman Gort: Goes back to ?
Mr. Vilarello: Commissioner, if I can answer that.
Chairman Plummer: Somebody answer it.
Mr. Vilarello: You've placed a condition -- now, there's no motion on the floor but, I assume you've placed
a condition, which will be incorporated by the Commission that says, "In the event that the property is not
used for the intended purpose, it will revert back to the City."
Chairman Plummer: No, no, no, no. No, no, no.
Ms. Bianchino: I would recommend....
Chairman Plummer: If the monies, as stated by the administration, whether they're right or wrong, we know
it's going to take a hell of a lot of money to renovate that place, so they might be off one or two hundred
thousand dollars, but if that money is not acquired, what happens?
Ms. Bianchino: We should give in the contract with Greater Miami Neighborhoods, a time specific by
which they have to get financing or the building reverts back to the City.
Chairman Plummer: And what is a reasonable period of time?
Ms. Bianchino: I think, for an organization like Greater Miami Neighborhoods, that has incredible
resources, unlike other CDCs, one year would be sufficient.
Chairman Plummer: Thank you.
Commissioner Regalado: Mr. Chairman, I got a question.
Mayor Carollo: Commissioner Plummer, if I could give you the...
Chairman Plummer: The Mayor has asked for the floor and immediately thereafter, Mr. Regalado.
Mayor Carollo: Thank you. I think the question that needs to be asked again is how much more is it going
to cost this City, through the CRA, to pay the Greater Miami Neighborhoods Association, Inc. every year to
be the trustee for this organization? Now, Commissioner Plummer, Gort, Sanchez, Regalado, are any Of
you aware of any contracts that have been discussed between the CRA and Greater Miami Neighborhoods
Association, Inc., that they will be paid substantially well to be the trustee of this or for any other activities
and work that they will provide to the CRA?
Chairman Plummer: As a senior member, my answer is negative.
Commissioner Teele: As a Chairman, my answer is no.
Ms. Bianchino: There is a draft contract between the CRA and Greater Miami Neighborhoods, I have it, for
services to be provided by Greater Miami Neighborhoods to the CRA.
40 December 8, 1998
Commissioner Teele: But that has nothing to do with this.
Ms. Bianchino: Well, I'm just providing information to the Commission, sir.
Mayor Carollo: Well, that's the question we're trying to find out, what does it have to do with? Because the
problem is that, we keep hearing about the CRA, the CRA, but the CRA has got a couple of employees only
that are left...
Commissioner Teele: It bothers you, doesn't it?
Mayor Carollo: No, it doesn't bother meat all, Commissioner. Believe me. I'm a very easygoing guy.
That's why I'm here and that's why I'm going to be here, even though some don't like it. It might bother some
that I'm here but, you know what, that's tough. I'm still going to be here. Because we're going to do what's
right for this City. We're going to move this City forward, and we're not going to let anything get in our
way. Now, all that I'm trying to do -- go ahead, Commissioner, do it for the cameras again. Be proud. Go
ahead. That's nice, Commissioner. I'm glad you got style. Now, if we could go back to the City's business.
We've heard here today that this is a piece of property that's on default. The only reason it hasn't gone to the
courthouse steps to be sold for a fraction of what we're talking about here in buying it, is because we're
hanging this carrot over. It doesn't make any financial sense, whatsoever, to pay this amount here, when we
could get it for a fraction of the cost when it goes to the courthouse steps. On top of it, I think the question
that needs to be answered is whether this City wants to get into this project, period, when there is so many
solid, solid, needy organizations in Overtown, in Liberty City, in Model Cities, in so many parts of our
community and, yes, in particularly, Overtown; organizations that have a solid background, that we know
who the people are behind it. Do we want to get into this here the way its been described to us, where we
can't even get a grant of this size answered to the City administration from anybody here. They won't even
come to the City Commission for calls this size. I have never heard, in all my years in this body, any
organization that's going to be getting or have the possibility of getting a grant of this size, that would not
come before this Body to address any questions that would come from us. Now, the bottom line is that,
besides the amounts we're talking about here, there is going to be additional costs because Greater Miami
Neighborhoods Association, Inc. will not be doing this for free. Now, it's up to this body what it wants to
do.
Commissioner Sanchez: Mr. Mayor, there's a motion.
Chairman Plummer: Excuse me. Mr. Mayor, are you concluded?
Mayor Carollo: Yes, I am.
Chairman Plummer: Mr. Regalado has the floor.
Commissioner Regalado: I've got a question for the administration. Do we historically do background
checks in anybody, any organization that receives directly or indirectly funds? Have we done these
background checks on every organization that, throughout the years, have received funds?
Ms. Warren: Yes. The way the contracting process works, we receive a copy of the articles of
incorporation; the bylaws; their federal tax filings; the minutes; everything, and we're able to document the
legal structure, the board, the fact that people are paying their taxes and who, in fact, is the legal structure.
Mr. Warshaw: And, Commissioner, I'd like to answer that too. In my years serving as Police Chief, going
back to City Manager Odio, Stierheim, Marquez, that did background checks numerous times on real estate
41 December 8, 1998
transactions at the request of the Manager. I don't know if it was every time but it was a very common
practice.
Commissioner Regalado: OK.
Chairman Plummer: If I may, Mr. Mayor.
Commissioner Teele: Do all these for profit grants. That's where we ought to be.
Mayor Carollo: Let me open it up to the gentleman that's been waiting here patiently, so he could address
this Body.
Commissioner Teele: Are you back presiding now?
Mayor Carollo: Yes, I am. I have the gavel. If you could state your name and address for the record, sir,
please. You have two minutes.
Mr. Perkins: My name David L. Perkins. I'm with Community Actions movement in Overtown. I'm also
with Black Community News. Here, recently, I got at this Commissioner board about that Overtown and
monies to be put out there. I went through the area -- the inspectors can verify -- I got a 167 vacant lots. I
got 198 unfit housing for people to try to live in. The place you just now called 420 Northwest IOth Street, I
got three pages of it right here, where the inspections have went through that property and that property is....
Chairman Plummer: Mr. Mayor, can we get the gentleman to speak to the issue?
Mr. Perkins: This is...
Chairman Plummer: The issue is Item 2, not what he...
Mr. Perkins: ...420 Northwest 10th Street and you is got three pages of housing code violations in that
building. The inspectors can tell you that building, it is unsafe for anyone to try to -- or either try to live in
and, for one thing to do, to bring your bulldozers out there, tear it down and remodel that building. That's
the only thing you all can do for that 420 Northwest 1 Oth Street: tear it down and remodel it now.
Mayor Carollo: OK, sir. Thank you, for the record.
Commissioner Sanchez: Mr. Chairman, once again, there's a motion...
Mayor Carollo: Excuse me. The public hearing portion now is closed. Go ahead, Commissioner.
Commissioner Sanchez: Once again, there is a motion. After hearing all arguments, I'm willing to vote. I
ask that we call the question so we could get this over with.
Mayor Carollo: Is there a motion?
Commissioner Teele: Mr. Chairman, I move the item, subject to the City Attorney working with the State
Attorney and U.S. Attorney to determine that the item does not have -- that a transaction of this magnitude
does not, in any way, have a negative implication on the ongoing investigation and, secondly, subject to the
provisions that have been entered into the record by Commissioner Plummer regarding the conversion of the
building back to the City, he said, I would say to the CRA; and, further, a requirement that the management
42 December 8, 1998
has made, that the Greater Miami Neighborhoods be given one year to present a -- to move forward with the
development plan, otherwise, the building conversion triggers.
Chairman Plummer: And all documents required by the Community Development...
Commissioner Teele: And all documents...
Chairman Plummer: ...must be completed prior to.
Commissioner Teele: And, further, that the City of Miami Attorney be instructed to take all legal means
necessary to ensure that any dollars that may be equity or anything other than mortgages, taxes, deeds loans,
and those other legal, that the City immediately assume the possession of any funds that are by Mr. Tabares
-- I apologize if I'm not saying his name right -- to payoff other debts that may be owed by the City.
Vice Chairman Gort: My understanding is, in the conversation with the different authorities in the Legal
Department that our attorneys are going to be doing if the property is in foreclosure, for us to take advantage
if it is in foreclosure.
Chairman Plummer: Yes.
Commissioner Gort: OK.
Commissioner Teele: J.L., let me say this. I'm not going to agree to that, and I'm going to tell you why.
This property -- and, you see, this is the alligator tears that everybody sees through this Commission. This
property has been in the same state for five years.
Chairman Plummer: No, you're wrong. It's getting worst every year.
Commissioner Teele: Well, it's getting worst. The family Trust, the Myers Family Trust or the Family
Trust that owns this, under their Trust agreement, cannot accept less than a hundred and forty-five thousand
dollars ($145,000), OK. Under the trust agreement, OK? So, that's why I'm telling you, the City Manager,
with all of his due diligence and stuff, attempted again to mislead the Commission because he knows that
the so-called purchase price, the so-called purchase price, which is not really a valid document, is for a
hundred and fifty-five thousand dollars ($155,000). When you finish with the first mortgage of 145, the
outstanding taxes that are owed to the School Board, the County, the City, et cetera, liens, et cetera, it's
going to be a negative transaction. And all of this stuff that the Mayor has tried to keep putting on the
record about there was going to be this great deal put forward, the fact of the matter is, the Myers Family
Trust would just assume the building -- you know, they're not going to do anything to the building. They
have let the building sit there for five years. They don't care.
Chairman Plummer: All right. Just let me make one thing clear for my comfort. This money would go to
the Greater Miami Neighborhoods. It would not be transferred to anyone until such time as the monies for
the renovation, in fact, are raised.
Ms. Bianchino: An appraisal is done on the property.
Chairman Plummer: You've got to do appraisals, OK. But, as far as I'm concerned, that this building would
not be occupied until such time as it is renovated because if we allow people to go in there today, we're
committing a mortal sin.
43 December 8, 1998
Commissioner Teele: Oh, absolutely.
Mr. Warshaw: Commissioner, we would not give the money to Greater Miami Neighborhoods until they
had done all they needed to do and renovations of the building could move forward.
Commissioner Teele: Wait, wait, wait. This -- Commissioner, I want you to hear what the Manager just
said now. He said, we're not going to give Greater Miami Neighborhoods the money to buy the building
and to take...
Chairman Plummer: I didn't say that.
Commissioner Teele: You said you won't give them any money.
Mr. Warshaw: I'm talking about -- I said for the renovation of the building. Obviously, we'd give them the
money to purchase the building...
Commissioner Teele: And stabilize the building and to plan for the -- and to plan for the
architectural/engineering and the kinds of costs to stabilize the building and to plan for the total building
process, which is going -- we're talking about soft dollars. Thirty, forty, fifty thousand dollars.
Chairman Plummer: And I've got one other provision. That within thirty days, the Basic Training group of
people, who are out for physical exercise, must clean that property without any debris resisting on the
property. At least, get the damn thing cleaned up because it is a disgrace.
Commissioner Teele: Thirty days after closing.
Chairman Plummer: Thirty days from now.
Commissioner Teele: No, J.L., you can't tell somebody to do something and...
Chairman Plummer: Excuse me. They're doing community projects.
Commissioner Teele: J.L., can I tell you something? They've cleaned that building up twice. I've seen that
building with not one blade of grass or one piece of trash on it. It would take this Manager, the way this
discussion is going, two years to close this document.
Chairman Plummer: Then, I don't have any problem with them doing it a third time and let's see it at least
clean when I drive by there.
Commissioner Teele: You know, J.L...
Chairman Plummer: Give them 60 days.
Mayor Carollo: Let me...
Commissioner Teele: ...I'll agree to that but I think that is absolutely so patronizing for you to say that you
want it cleaned so you can drive by there and see it clean.
Chairman Plummer: I drive by there and see it as a disgrace.
44 December 8, 1998
Commissioner Teele: J.L., the neighbors live there every day. People live there every day. And what's so
ridiculous about what this Mayor is trying to do, what's so ridiculous about what this administration is
dealing with, is that the real issue here is this, we have a building, for five years, that has been nothing but
an eye sore and a negative value on the community. We're talking about a hundred and fifty thousand
dollars ($150,000) to get the building in the hands of someone who will have a reason to want to do
something with the building, and to clean it up and stabilize it. I call the question.
Chairman Plummer: OK. All I'm saying is, if they're doing community service, I think it would be a great
intent that they clean the building.
Mayor Carollo: Mr. City Attorney, Mr. Manager.
Mr. Vilarello: On the motion that's before the Commission. One issue with regard to the funds to the
Tabares, I'm going to interpret your intent that no funds go to Tabares. There is a trustee in the other
transaction, which may take first claim to any funds. The other issue is, the intent that the project be used
for housing, for at least the next 30 years and, if not, that would be the reverter provision. And the
resolution before you is funding for two hundred thousand dollars ($200,000), not three hundred thousand
dollars ($300,000), so the Commission needs to deal with that. The other issue, there was an amendment to
the motion proposed that we be allowed to acquire through foreclosure. The maker of the motion declined
that, so if the Commission wants to consider that, then, it needs to take a vote on that amendment, and also
the cleanup for 30 days.
Vice Chairman Gort: What I'm saying about that is, find out the lowest cost possible, no matter what the
other costs are.
Commissioner Teele: Look, the issue here is this, the Trust has said they won't sell it. They can't sell it for
less.
Vice Chairman Gort: Oh, I understand that.
Commissioner Teele: So...
Vice Chairman Gort: My understanding, and I'm not an attorney. I've never been in that position. My
understanding is, when you have a foreclosure, you ask for whatever is owed to you. In other words, if the
mortgage is a hundred and forty, that's what they will take.
Commissioner Teele: Yeah, but you're still...
Vice Chairman Gort: If not, they will take over the property.
Commissioner Teele: Willie, I agree with you, but this is problem that I have. This thing is just going on
and on and on and on. And what this is about is delaying it. Look, if somebody wants to say that we don't
pay any more than an amount of money, 1 don't have a problem with that. But I can tell you right now, the
building has been appraised. There's appraisals out there for that building, certified appraisals for a hundred
and eighty-five thousand dollars ($185,000). The building's going to be bought for a significantly below
the appraised value.
Mr. Warshaw: Mr. Mayor, if I may just say
Mayor Carollo: Yes, sir.
45 December 8, 1998
Mr. Warshaw: ...something else again and for the record.
Mayor Carollo: Go ahead, sir.
Mr. Warshaw: Commissioner Teele likes to bash the administration on a regular basis, and he says on the
record again that we're delaying and it's going to take two years. I want to tell you again, Commissioner,
that Miss Warren has diligently and valiantly been seeking the people who claim to be Basic Training.
They are basically a group of incoherent street people. She has given them documents, contracts, papers to
sign. They don't come back. They don't understand it. And she has reached out to Greater Miami
Neighborhoods and they have refused our written and our phone calls. So, please, give the administration
the respect it deserves, in that they have worked diligently to bring this to a conclusion and they are not
delaying, sir.
Commissioner Teele: I'm going to allow you an opportunity to retract that defaming, derogatory, disgusting
statement that you've characterized....
Mr. Warshaw: I won't retract anything I just said. I said it with great respect for you, but I'm not going to
allow you to continue to accuse the administration of delaying. They're delaying nothing.
Commissioner Teele: And, Mr. Manager, I am not going to allow you to continue to disrespect the district
that I represent, referring to any American citizen, even if they've fallen out of grace with mankind, they've
not fallen out of grace with God. And to refer to them as disgusting street people, which is what the record
will reflect you...
Mr. Warshaw: I said they were incoherent. And I also said that they have come on numerous occasions.
This is a major business transaction.
Commissioner Teele: Mr. Clerk, I would like, over the lunch, for you to give the Manager a verbatim
transcript of what he just said, and give him the opportunity to determine, on cold reflection, if he would
like, again, to take a different view of the district and the people that I represent. And I will tell you this...
Mr. Warshaw: I have a fine view of the people you represent.
Commissioner Teele: I will tell you this, they may be street people, and they may be people who have fallen
out of grace with mankind but, my dear friend, I want you to know that there is someone here bigger than all
of us, and those people haven't fallen out of grace with Him.
Mr. Warshaw: And I'll say again, for the record, I'm not going to give three hundred thousand dollars
($300,000) of the City's money to people who we cannot do business with. That's my fiduciary
responsibility.
Commissioner Teele: And that's fine for you to put that on the record, but that's not the issue before us. The
issue before us is to give to one of the most prestigious, pristine Brickell Avenue, Community Development
facilitators in the United States.
Commissioner Sanchez: Can we move on? We've been on this item for almost an hour, all right. we're
ready to vote. There's a motion. Let's go. Let's get it over with.
Mayor Carollo: We surely -- see, but, Commissioner, you're correct. But, see, this is a problem that we run
46 December 8, 1998
into every meeting, every meeting. Every single meeting. And, gentlemen, frankly, you know, some of you
are going to have to step up to the plate, too, because we have an administration, men, women, of all races
and creed, that is the most professional administration that this City has had in a long, long time. And all
that I'm hearing from Commissioner -- puppets, he calls them -- is bashing them and attacking them and I --
the only other person that, Commissioner, frankly, comes even close, and even he had more dignity, that
even while he was doing all his wheeling and dealing, he would have the dignity to still keep decorum in
this Commission and not play all these games up here. And that was the guy that used to smirk at me, like
you throw kisses at me, and that was Humberto.
Commissioner Teele: Humberto who?
Mayor Carollo: Humberto Hernandez. Now, Commissioner, you might not like the professional way that
we're running business here, but you what, that's what's going to happen. It's going to be professional. It's
not going to be like you ran business in Dade County.
Chairman Plummer: Did I miss something?
Mayor Carollo: I'm sorry. I am sorry, Commissioner, that you have a Mayor here. You have a Manager.
You have administration, that just doesn't allow for you to get all these nice loans with no collateral, that
you used to get when you were a County Chairman of the Commission and that's really what this is all
about. This has got nothing to do with black and white. This has got nothing to do with race or anything
else. This has got to do with green, Commissioner, and that's the whole problem. And, frankly, if you want
to attack the administration, you come through me, and you're going to have come through me. Because,
you know what, Commissioner, everyone has seen here in meeting after meeting, that you just have a lot of
hot air. You can't back up anything that you're saying. And I'll tell you, if you want to do this to this
Commission, to this City, every meeting, and, Commissioner, be ready to come through me because I am
going to stand up for this City and I am not going to let you play these games, Commissioner, whether you
like it or not.
Commissioner Teele: OK, let's call the question, now that you've had a chance.
Chairman Plummer: No, no, I want to know who's throwing kisses to who?
Mayor Carollo: Can you call the question?
Commissioner Sanchez: Joe, let's get over this item. I think we're doing very well today.
Mayor Carollo: There was a motion. Was it second?
Commissioner Sanchez: There was a second.
Mayor Carollo: Who seconded the motion?
Commissioner Sanchez: I made -- Teele did.
Commissioner Teele: I made the motion.
Mr. Foeman: He moved it.
Mayor Carollo: There's a motion. There was a second.
47 December 8, 1998
Mr. Vilarello: As amended.
Commissioner Sanchez: As amended.
Mayor Carollo: As amended and amended and amended. You could get someone to decipher all the
amendments that were made to it.
Vice Chairman Gort: All the amendments, yes.
Mayor Carollo: If you could call the roll, Mr. Clerk, beginning anywhere you would like to.
[NOTE FOR THE RECORD: COMMENTS MADE DURING ROLL CALL:]
Chairman Plummer: With the safeguards that I feel that are built in, I vote yes.
Mayor Carollo: OK. The motion passes five to zero.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-1179
A RESOLUTION RATIFYING THE INTENT OF RESOLUTION NO. 98-
933, ADOPTED SEPTEMBER 28, 1998, WHICH AUTHORIZED THE
REALLOCATION OF CERTAIN COMMUNITY DEVELOPMENT
BLOCK GRANT ("CDBG") FUNDS TO THE GREATER MIAMI
NEIGHBORHOOD ASSOCIATION, AS TRUSTEE FOR THE BASIC
TRAINING ACADEMY, POWER, FAITH AND DELIVERANCE
MINISTRIES, FOR THE PURPOSE OF ACQUIRING THE PROPERTY
LOCATED AT 420 N.W. LOTH STREET, MIAMI, FLORIDA; FURTHER
AMENDING RESOLUTION NO. 98-933 TO DECREASE THE CDBG
ALLOCATION FOR THE AFORESAID PURPOSE FROM $300,000 TO
$200,000.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
48 December 8, 1998
9. RESCIND 1997-98 EMERGENCY SHELTER GRANT (ESG) ALLOCATION IN THE AMOUNT
OF $80,000 TO THE CHRISTIAN COMMUNITY SERVICE AGENCY, INC. -REALLOCATE SAID
FUNDS TO CITY OF MIAMI HOMELESS PROJECT.
Chairman Plummer: What time are we coming back this afternoon?
Vice Chairman Gort: Move Item 3. Let's move on.
Mayor Carollo: We have a few quick items here.
Chairman Plummer: OK.
Ms. Warren: We have another public hearing item, number three.
Chairman Plummer: I can tell you that, without question, it should be rescinded. We've rescinded all of the
money from the consortium from this organization and I move Item 3.
Commissioner Sanchez: I second.
Vice Chairman Gort: Second.
Ms. Warren: We have another public hearing item, which is Item Number 4.
Chairman Plummer: Excuse me. Did we call the roll?
Ms. Warren: Oh, I'm sorry.
Vice Chairman Gort: You've got to move this.
Mr. Vilarello: Did you open or close the public hearing on Item 3?
Chairman Plummer: Mr. Mayor?
Ms. Warren I would request that we commence the public hearing, which is to allocate eighty thousand
dollars ($80,000) of unspent emergency shelter funds to the City's Homeless Program for implementation of
a Homeless Assistance Program to implement the Pottinger agreement.
Chairman Plummer: Call the question.
Ms. Warren: And it is a public hearing item.
Mayor Carollo: All right. Yes. Is there anyone from the public that would like to address this body on Item
3? Hearing...
Chairman Plummer: Let the record reflect no one came forward. I move the item.
Mayor Carollo: OK. Commissioner Plummer moves the item.
Vice Chairman Gort: Second
49 December 8, 1998
Mayor Carollo: Commissioner...
Commissioner Sanchez: Second.
Mayor Carollo: ...Gort had second it and Commissioner Sanchez thirds it. All in favor of resolution
number 3, say "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no nays. It passes unanimously.
The following resolution was introduced by Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-1180
A RESOLUTION RESCINDING THE 1997-98 EMERGENCY
SHELTER GRANT (ESG) ALLOCATION IN THE AMOUNT OF
$80,000 TO THE CHRISTIAN COMMUNITY SERVICE
AGENCY, INC. AND REALLOCATING SAID FUNDS TO THE
CITY OF MIAMI HOMELESS PROJECT; AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH CITY OF MIAMI
HOMELESS PROJECT TO PROVIDE SERVICES TO THE CITY'S
HOMELESS POPULATION.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
50 December 8, 1998
10. AUTHORIZE / DIRECT CITY MANAGER TO ALLOCATE $1,137,020 -- FOR PURPOSE
OF PAYING DEBT SERVICE DUE ON CITY OF MIAMI SECTION 108 LOANS TO BE
PROVIDED TO THE U.S. - FOR DADE FOREIGN TRADE ZONE, INC., DEVELOPER /
WYNWOOD FOREIGN TRADE ZONE COMPLEX (PROJECT NO. 695002-$366,269) / THE
CITADEL ARENA CORPORATION, INC. DEVELOPER FOR THE CITADEL RESTAURANT AND
OFFICE BUILDING (PROJECT NO. 695001-$330,331) / AND THE CITY -SPONSORED
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT DISTRICT
(PROJECT NO. 210000-$440,420) - ALLOCATE FUNDS THEREFOR FROM COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM LINE OF CREDIT - FURTHER DIRECT
CITY MANAGER TO CONDUCT CREDIT AND BACKGROUND CHECKS ON
AFORMENTIONED INDIVIDUALS.
Mayor Carollo: We're now on Item Number 4
Commissioner Sanchez: Number 4, I would like to make a couple of statements on that, and that would be
to...
Ms. Warren: This is also a public hearing item.
Commissioner Sanchez: OK, fine. What would be to direct the City Manager to put in policy that the City
should conduct credit criminal check and use due diligence to ensure that this couple of past incidents do
not happen again in the future. So, just to make sure that -- you know, we start looking at these 108 loans
very carefully so, in the long run, we don't end up like we did with these, in default.
Ms. Warren: Yes, sir.
Chairman Plummer: Is that a motion?
Commissioner Sanchez: It's a motion.
Chairman Plummer: I second it.
Mayor Carollo: It's a motion. Second by Commissioner Plummer.
Vice Chairman Gort: Background check.
Mayor Carollo: Is there anyone from the public that would like to address this body on resolution number
four? Mr. Goenaga, you have two minutes.
Mr. Manuel-Goenaga: Yes. Just to compliment what my brother Plummer said. Not only that, I have said
it since 1990 when I started coming here, that every one of us, from the top down, needed a background
check. Thank you very much.
Chairman Plummer: How come they don't allow you to go to the County anymore? What did they do that
we're not doing?
Mr. Goenaga: I told you that Mrs. Margolius, the Chairman, loves me too much.
51 December 8, 1998
Mayor Carollo: All right. Hearing no one else from the public that would like to address this body, the
public portion is closed. There's been a motion. There's a second. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1181
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ALLOCATE $1,137,020 FOR THE PURPOSE OF
PAYING THE DEBT SERVICE DUE ON CITY OF MIAMI
SECTION 108 LOANS TO BE PROVIDED TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) FOR DADE FOREIGN TRADE ZONE, INC., DEVELOPER
FOR THE WYNWOOD FOREIGN TRADE ZONE COMPLEX
(PROJECT NO. 695002-$366,269), THE CITADEL ARENA
CORPORATION, INC., DEVELOPER FOR THE CITADEL
RESTAURANT AND OFFICE BUILDING (PROJECT NO. 695001-
$330,331), AND THE CITY -SPONSORED SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT
DISTRICT (PROJECT NO. 210000-$440,420); ALLOCATING FUNDS
THEREFOR FROM THE COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROGRAM LINE OF CREDIT.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Chairman Plummer, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: *Commissioner Joe Sanchez.
[*Although absent, in agreement]
52 December 8, 1998
11. APPROVE WITH MODIFICATIONS EMERGENCY ORDINANCE ESTABLISHING NEW
SPECIAL REVENUE FUND, ENTITLED: LOCAL LAW ENFORCEMENT BLOCK GRANT III
PROGRAM", AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE
AMOUNT OF $3,937,993 -- CONSISTING OF A GRANT FROM THE U.S. DEPARTMENT OF
JUSTICE, IN THE AMOUNT OF $3,544,194, AND REQUIRED MATCHING FUNDS FROM THE
CITY, IN THE AMOUNT OF $393,799 FROM THE POLICE DEPARTMENT GENERAL
OPERATING BUDGET, ACCOUNT CODE NO. 001000.290301.6.050
Mayor Carollo: Item Number 5 is an emergency ordinance requiring a four/fifth vote.
Chairman Plummer: Justify the emergency.
Vice Chairman Gort: Move it.
Mr. Warshaw: It's the acceptance of three point five million dollars ($3,500,000).
Vice Chairman Gort: It's accepted money (phonetic).
Chairman Plummer: What is the emergency? Why is it an emergency item and not a regular?
Mr. Warshaw: I want to get it into our bank account so we could start earning interest.
Vice Chairman Gort: Move it.
Chairman Plummer: That means you sat still too long.
Mayor Carollo: It's been moved by...
Chairman Plummer: Second.
Mayor Carollo: ...Commissioner Gort. Second by Commissioner Plummer. Can you read the ordinance,
Mr. City Attorney?
Mr. Vilarello: Yes. For the City Clerk, I will be adding language after the three million five hundred
forty-four thousand dollars ($3,544,000), indicating "plus accrued interest."
53 December 8, 1998
An Ordinance Entitled -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW
SPECIAL REVENUE FUND, ENTITLED: "LOCAL LAW
ENFORCEMENT BLOCK GRANT III PROGRAM", AND
APPROPRIATING FUNDS FOR THE OPERATION OF SAME,
IN THE AMOUNT OF $3,937,993, CONSISTING OF A GRANT
FROM THE U.S. DEPARTMENT OF JUSTICE, IN THE AMOUNT
OF $3,544,194, AND REQUIRED MATCHING FUNDS FROM THE
CITY, IN THE AMOUNT OF $393,799; AUTHORIZING THE CITY
MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR THIS PURPOSE; FURTHER
AUTHORIZING THE ALLOCATION OF MATCHING FUNDS, IN
THE AMOUNT OF $393,799, FROM THE POLICE DEPARTMENT
GENERAL OPERATING BUDGET, ACCOUNT CODE NO.
001000.290301.6.050; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE.
was introduced by Vice Chairman Gort and seconded by Chairman Plummer, 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 Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Vice Chairman Gort and seconded by
Chairman Plummer, adopted said ordinance by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo
Chairman J. L. Plummer, Jr.
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11733
54 December 8, 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
Commissioner Sanchez: Can I be registered as a yes vote on the previous item?
Chairman Plummer: What was the previous item?
Mayor Carollo: Four.
Commissioner Sanchez: Four.
Commissioner Gort: It was Item 4
Commissioner Sanchez: Thank you.
Mayor Carollo: OK.
Vice Chairman Gort: Call the question.
Mayor Carollo: Go ahead and call the roll.
[COMMENTS MADE DURING ROLL CALL]
Chairman Plummer: Wait a minute. The previous vote was five.
Vice Chairman Gort: No.
Mr. Foeman: It was four.
Commissioner Sanchez: No, it was not.
Chairman Plummer: We're now on six, am I correct?
Mr. Vilarello: No, we're on Item 5 now.
Vice Chairman Gort: We voted on five.
Commissioner Sanchez: No.
Mr. Foeman: It was four.
Commissioner Sanchez: Four. And that's where I made my motion.
Chairman Plummer: What are we voting on now, is it not five?
Vice Chairman Gort: Five.
Mr. Vilarello: Five.
Mr. Foeman: Agenda Item 5.
55 December 8, 1998
Chairman Plummer: Thank you. I vote yes.
Commissioner Teele: On first reading, yes.
Mr. Foeman: This is an emergency ordinance. Second roll call.
[COMMENTS MADE DURING ROLL CALL]
Commissioner Teele: Unreadiness on the second roll call. This is an emergency ordinance, is that right?
Mr. Vilarello: Yes, sir.
Commissioner Teele: Why does this have to be done as an ordinance? Why can't this be a resolution, Mr.
Attorney?
Mr. Vilarello: It's establishing a new special revenue fund. It's an amendment to the Budget appropriation
ordinance of the City and, therefore, it can only be amended by ordinance. This is one of the items that you
did mention to me, which should be considered as part of the Charter reform to be allowed, under state law,
to be amended by resolution in the future.
12. (A) RATIFY, APPROVE, CONFIRM CITY MANAGER'S FINDING OF EMERGENCY -
APPROVE EMERGENCY CONSTRUCTION OF STORMWATER DRAINAGE SYSTEM FOR
PROJECT ENTITLED "N.W. 25 AVENUE EMERGENCY STORM SEWER, B-5642" BY PNM
CORPORATION, IN THE AMOUNT OF $114,190 - ALLOCATE FUNDS THEREFOR FROM
PROJECT NO. 352231, AS APPROPRIATED BY THE FISCAL YEAR 1998-99 CAPITAL
IMPROVEMENT ORDINANCE NO. 11705
(B) COMMENTS CONCERNING ADHERENCE TO TIMETABLE FOR SIDE WALK REPAIRS.
Chairman Plummer: Item 6.
Vice Chairman Gort: I move it. And the reason -- I'll tell you why it's an emergency. We've had a lot of
problems with the flood and all the construction taking place on 36th Street.
Chairman Plummer: This is not...
Vice Chairman Gort: I mean, waiving the formal competitive bid..
Chairman Plummer: Moved by Gort. Seconded by...
Commissioner Sanchez: Second.
Commissioner Regalado: Second.
Chairman Plummer: ...Sanchez. Why are you waiving the competitive biding?
Mr. John Jackson: It's an emergency.
Chairman Plummer: What?
56 December 8, 1998
Mr. Jackson: This was an emergency. We had to take informal bids.
Vice Chairman Gort: It had three bids.
Commissioner Gort: That's my understanding.
Chairman Plummer: OK. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 98-1182
A RESOLUTION BY AN AFFIRMATIVE VOTE OF 4/5THS OF
THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY
ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING,
AND CONFIRMING THE CITY MANAGER'S FINDING OF AN
EMERGENCY, WAIVING THE REQUIREMENTS FOR
FORMAL COMPETITIVE SEALED BIDS AND APPROVING
THE EMERGENCY CONSTRUCTION OF A STORMWATER
DRAINAGE SYSTEM FOR THE PROJECT ENTITLED "N.W. 25
AVENUE EMERGENCY STORM SEWER, B-5642" BY PNM
CORPORATION, IN THE AMOUNT OF $114,190; ALLOCATING
FUNDS THEREFOR FROM PROJECT NO. 352231, AS
APPROPRIATED BY THE FISCAL YEAR 1998-99 CAPITAL
IMPROVEMENT ORDINANCE NO. 11705, AS AMENDED, IN THE
AMOUNT OF $114,190, TO COVER THE CONTRACT COST AND
$18,341, TO COVER THE ESTIMATED EXPENSES, FOR AND
ESTIMATED TOTAL COST OF $132,531; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PROJECT.
57 December 8, 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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
[COMMENTS MADE AFTER ROLL CALL]
Chairman Plummer: Commissioner Gort, renaming Comstock Park.
Vice Chairman Gort: We've had several public hearings...
Chairman Plummer: Wait a minute. It is a public hearing. Mr. Harry Truman would like to be heard.
Mr. Gonzalez-Goenaga: You know, I'm going to add that something. I was in a restaurant the other day
with some Americans, like you.
Chairman Plummer: Was that Versailles?
Mr. Gonzalez-Goenaga: No. Don't tempt me to tell more of the truth. And let me tell you, some gringos,
American gringos, approach me and -- you know, Mr. Gonzalez, once I watch the TV in Channel 9 and
Plummer is treating you very hardly. I am ashamed of Plummer because he thinks -- he tries to put you
down, to ridicule you, and let me tell you. You know, we -- I got the message. You are ridiculing all of
them. So, now, I am just want a clarification. Unfortunately, for -- this goes for the City Manager. My
water bill was increased on the Miami issue of Storm Sewage Drainage from 10.50 to twenty-one dollars
($21.). Is that for all the residents or just because I am renting a home?
Chairman Plummer: Mr. Manager, can you answer the question?
Mr. Gonzalez-Goenaga: I called the Water Sewer Department and they told me contact the City of Miami
in another number, and I would like to have an answer. Because I have -- of this fee, I have never been
notified on a public hearing or anything like that. I would like a clarification.
Mr. Jackson: I'd like to provide you an answer. I don't have it with me today but we'll get you an answer for
that.
Chairman Plummer: I'm paying it. Yes, sir?
Mr. Daniel Ricker: Daniel Ricker, 4302...
58 December 8, 1998
Chairman Plummer: Which item? We're so confused here.
Mr. Ricker: We're on Number 6.
Chairman Plummer: Number 6. Thank you.
Mr. Ricker: 4302 Ingerham Highway. One question, just as a lowly citizen. Why are we waiving the three
vendor bid process? This is an infrastructure issue. You guys must be handling this constantly.
Mr. Jackson: Actually, we had to take informal bids because there was tremendous flooding due to the
project on Northwest 36th Street by Florida Department of Transportation and it was -- and we didn't -- we
needed to get bids and award the project and get out there to correct the flooding problem.
Mr. Warshaw: And it did go through an informal bidding process.
Mr. Jackson: It was informal.
Mr. Warshaw: Informal process.
Mr. Ricker: OK. So, you're assured the integrity of this whole thing is intact?
Mr. Warshaw: Yes, sir, absolutely.
Mr. Ricker: Thank you very much.
Chairman Plummer: Do we know who the company is that's got this plum?
Mr. Jackson: Yes, that's P & N Corporation. They're...
Chairman Plummer: So, they get everything. I mean, you don't even have to go through a process there.
Mr. Jackson: Well, they're City of Miami contractors.
Chairman Plummer: Yeah. Boy, let me tell you something.
Commissioner Regalado: If I may, Mr. Chairman?
Chairman Plummer: They get everything. Mr. Regalado.
Commissioner Regalado: Just a request from the administration to have the timetables set by Public Works
in terms of sidewalks repairs adhered to. We understand that the biding starts on the 15th of December and,
then, it will be in the Commission by the second meeting in January, and the construction will start in April.
You think, Mr. Manager, that we can follow that timetable?
Mr. Warshaw: Yes, sir.
Chairman Plummer: Did they go out and get three bids on this?
Mr. Jackson: I believe that we can. I believe that we can. I don't think there's any problem in following that
schedule.
59 December 8, 1998
Chairman Plummer: Man, I'm teasing.
Commissioner Regalado: Thank you.
Chairman Plummer: All right. Item 6. Is there a motion?
Vice Chairman Gort: I moved it.
Chairman Plummer: Is there a second?
Commissioner Sanchez: Second by me.
Chairman Plummer: All right. And there were three bids informally taken on this, is that correct?
Mr. Warshaw: Yes, sir.
Chairman Plummer: All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show it unanimous.
13. REFER TO STREET CODESIGNATION COMMITTEE RENAMING COMSTOCK PARK TO
JUAN PABLO DUARTE PARK - SEE LABEL 15.
Chairman Plummer: We're going to take one more item before lunch and that's it, until three o'clock, and
that's Mr. Gort's item, Number 7. Mr. Gort.
Vice Chairman Gort: Yes. Since you're aware, that we have a large population of Dominican Republic
citizens within the Allapattah area. I've been approached by several of them that use Comstock Park quite a
bit, and we checked with the Legal Department, to see if there's any restrictions in the name of Comstock
Park and there was none. And these individuals would like to rename the park -- the rename of the park to
Juan Duarte, as past president of the...
Chairman Plummer: You wish to send it to the Memorial Committee?
Mr. Alberto Ruder (Director of Parks and Recreation): Commissioner, the Memorial Committee doesn't
exist anymore.
Chairman Plummer: Yes, it does. We recreated...
Mr. Ruder: You have the Codesignation Committee.
Chairman Plummer: Codesignation, is that what you wish to do?
Mr. Ruder: That's for streets.
Vice Chairman Gort: Yes, so we can go through the whole process.
60 December 8, 1998
Mr. Ruder: If you want...
Chairman Plummer: All right. All right. So ordered.
14. DEFER / RECONSIDER DEFERRAL OF ESTABLISHMENT OF COMMUNITY RELATIONS
BOARD AT 3 P.M. - SEE LABEL 18.
Chairman Plummer: Ladies and gentlemen, this Commission stands in adjournment until three p.m.
Commissioner Regalado: Mr. Chairman, if I may. We have an item, the Community Relation's Board item,
and I see several people here. Can we say that we will take this around 3:30, in the afternoon?
Chairman Plummer: Whatever you wish, Commissioner.
Commissioner Sanchez: No. Mr. Vice Chair, that -- no, that item, Item 11, I will asked to be deferred and
because I have several factors that I...
Chairman Plummer: Wait, wait, wait, wait. There's too many people talking at once. Item 11 you wish to
have it deferred?
Commissioner Sanchez: Yes, sir.
Chairman Plummer: Until when?
Commissioner Sanchez: Until the next meeting, because I have questions concerning the cost factor, the
power...
Commissioner Regalado: The cost factor -- Commissioner, the cost factor, it's already determined. You
will have people from the Budget Department. As the Commission directed, we did the workshop, your
office was present, and all the facts will be brought to you this afternoon. I really ask you to consider this,
this afternoon.
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: I will still ask to be deferred. I have a lot of questions on it. A lot of questions on
the item that have not been brought to my attention, so I asked to be deferred.
Chairman Plummer: There's a motion on the floor to defer Item 11.
Commissioner Teele: Mr. Chairman, I would ask...
Chairman Plummer: Mr. Teele.
Commissioner Teele: I would ask then, as a matter of courtesy, that we take the item for deferral up at three
o'clock so that we're not...
Chairman Plummer: We can defer it then, just as well as now, sir.
Commissioner Teele: I mean, it maybe a reason why we don't need to defer it. It may be a reason that we
agree to defer it.
61 December 8, 1998
Chairman Plummer: Sir, I have no problem. We'll take it up at three o'clock.
15. RECONSIDER AGENDA ITEM 7 (RENAMING OF COMSTOCK PARK TO JUAN PABLO
DURATE PARK) - SCHEDULE AS PUBLIC HEARING FOR NEXT MEETING AGEND - SEE
LABEL 13
Vice Chairman Gort: Mr. Chairman?
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: I've been informed by the attorneys that the Codesignation Board cannot take this
item.
Mr. Ruder: They just deal with streets.
Vice Chairman Gort: This is a decision that has to be made by us.
Mr. Vilarello: They deal with streets, not renaming of parks.
Mr. Ruder: There's really not a formal procedure that we've established. If you want to have a hearing, a
public hearing...
Chairman Plummer: All right. Then, schedule it for a public hearing.
Mr. Ruder: ...at the next meeting, Mr. Gort. OK?
Commissioner Gort: All right. So, it's going to be as a public hearing in the next meeting?
Mr. Ruder: Do you want a time certain or just a public hearing?
Chairman Plummer: Two o'clock.
Commissioner Gort: Time certain.
Commissioner Teele: Mr. Chairman, before you break, since...
Chairman Plummer: Mr ... wait a minute. Is that understood, Mr. Manager?
Mr. Warshaw: Yes, sir.
Chairman Plummer: Mr. Teele.
Commissioner Gort: By the way, I'd like to put on the record, that I would like to change it to Juan Pablo
Duarte, who was the father of the Dominican Republic.
62 December 8, 1998
16. COMMENTS CONCERNING ITEM INADVERTENTLY EXCLUDED FROM DECEMBER 8,
1998 AGENDA RELATED TO PUBLIC WORKS: APPROVAL OF DESIGN BILL CONTRACT
PURSUANT TO SAFE NEIGHBORHOODS BOND ISSUE.
Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Chairman, before you break, I know the Clerk is putting together a list of items
that may have been inadvertently left off the agenda, but one of those was an instruction, I think, back in
August, pursuant to the Safe Neighborhood Bond's issue, that an item be on the agenda this Commission
relating to Public Works and the Design Bill -- approval of the Design Bill contract, RFP, in this meeting,
and that's just one of the items I'd like to take up at the end of the meeting.
Chairman Plummer: Mr. Clerk, did you hear that? Mr. Manager, did you hear that? Is the police chief
going to be here this afternoon?
Mr. Donald Warshaw (City Manager): Yes, sir.
Chairman Plummer: Good. This Commission is adjourned until three o'clock this afternoon. For the
record, the item of PZ-1, the Cloisters, will not be heard any earlier than 4:30, this afternoon.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:02 P.M. AND RECOVENED AT 3:00 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE
PRESENT.
Vice Chairman Plummer: Can I get another Commissioner in here, especially the one who said that he
wants to get out of here early?
Commissioner Sanchez: I'm always early.
Vice Chairman Plummer: Not you. For the record, Joe, what I'm planning on doing is buzzing through the
regular agenda, try to do the pockets and then P and Z.
Commissioner Sanchez: I still want to defer Item 11.
Chairman Plummer: That's no problem. I told you I'll second the motion. I think I already did. Is Mr. Gort,
Mr. Regalado, Mr. Teele ... if I can get one more Commissioner in here, we'll get the Coconut Grove Arts
Festival out of here.
17. AUTHORIZE ALCOHOLIC BEVERAGES DURING NATIONSBANK COCONUT GROVE ARTS
FESTIVAL, FEBRUARY 13-15, 1999.
Vice Chairman Plummer: All right. Ladies and gentlemen, this City Commission is back in session. If Mr.
Regalado would come in and sit down. We are on Item Number 8. Item 8 is Coconut Grove to sell alcohol.
Is there a motion? Is there a motion?
Commissioner Sanchez: Excuse me?
Vice Chairman Plummer: Moved by Sanchez. Seconded by Regalado. Number 8.
63 December 8, 1998
Commissioner Regalado: Excuse me, number 8?
Mr. Jack King: You want to ask or do you want me to ask?
Commissioner Sanchez: Yes.
Vice Chairman Plummer: All right. Mr. King.
Mr. Jack King: Jack King, 1765 Micanopy Avenue. This really has nothing to do with the Arts Festival, as
such, but all festivals and everything that has a street closure, I'd like to see the organizing and sponsoring
committees or corporations or whatever file a financial statement with the City of Miami, either to the
Festival Board or to Espi Avalos, so we can review this. We keep hearing these people lose money; these
people make money, and I think it would be nice if, they're going to use public -- the public arena, we should
at least see where the money goes.
Vice Chairman Plummer: Mr. City Attorney and Mr. Manager, would you recommend that, please, to the
Festival Committee? And they can do it in advance, before it gets here. All in favor of Item 8, say "aye.".
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposed? Show unanimous vote
64 December 8, 1998
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1183
A RESOLUTION RELATED TO THE 36TH ANNUAL
NATIONSBANK COCONUT GROVE ARTS FESTIVAL,
CONDUCTED BY THE COCONUT GROVE ASSOCIATION, INC.,
TO BE HELD ON FEBRUARY 13-15, 1999; AUTHORIZING THE
CITY MANAGER TO ISSUE A THREE-DAY PERMIT FOR THE
SALE OF ALCOHOLIC BEVERAGES DURING SAID EVENT IN
THE AREA OF MCFARLANE ROAD FROM SOUTH BAYSHORE
DRIVE TO MAIN HIGHWAY AND SOUTH BAYSHORE DRIVE
FROM MCFARLANE ROAD TO MAIN HIGHWAY, INCLUDING
ALL STREETS, AVENUES, ALLEYS, WAYS AND
THOROUGHFARES WHICH INTERSECT SAID AREAS IN
COCONUT GROVE, MIAMI, FLORIDA; 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
BY THE FLORIDA DEPARTMENT OF BUSINESS REGULATION,
DIVISION OF 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 DESIGNESS.
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
65 December 8, 1998
18. DEFER CONSIDERATION OF AGENDA ITEM 11 (PROPOSED AMENDMENT OF CHAPTER
2/ARTICLE XI OF CODE TO ESTABLISH COMMUNITY RELATIONS BOARD) TO NEXT
COMMISSION MEETING — SEE LABEL 14.
Chairman Plummer: Number 9.
Commissioner Regalado: Mr. Chairman, before you go on.
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Item 11.
Chairman Plummer: Item 11. Yes, sir.
Commissioner Regalado: It's a second reading ordinance.
Chairman Plummer: Yes, sir.
Commissioner Regalado: I would like to defer this for the next session and...
Vice Chairman Plummer: Motion by Commissioner Regalado.
Commissioner Sanchez: Second.
Chairman Plummer: Seconded by Commissioner Sanchez. All in favor...
Commissioner Regalado: Just very briefly. Yesterday, we had a meeting with members of the Budget
Department with Teresita Fernandez and they came with some information regarding the cost for the City --
the Community Relations Board. And I'm sure that you will get a memo. The cost of this board will be two
thousand dollars ($2,000) per year. And there are some concerns that will be addressed in the next 30 days,
so...
Vice Chairman Plummer: I would suggest staff go around to each individual Commissioner, give them the
right to refuse. Item 11 is moved for deferment to the next City Commission meeting. All in favor, say
"aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposed? Show unanimous.
66 December 8, 1998
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO.98-1184
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 11
(PROPOSED AMENDMENT OF CHAPTER 2/ARTICLE XI, OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES,
COMMISSIONS, TO ESTABLISH THE COMMUNITY RELATIONS
BOARD) TO THE NEXT COMMISSION MEETING.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
19. PERSONAL APPEARANCE: MR. KEVIN C. SMITH, PARADE OPERATIONS COORDINATOR,
- GRANT DEFERMENT OF PAYMENT TO THE CITY OF MIAMI POLICE DEPARTMENT FORT
SERVICES AT KING ORANGE BOWL PARADE, DECEMBER 31, 1998.
Chairman Plummer: Mr. Kevin C. Smith. Parade Operations. Is he here? Mr. Smith?
Vice Chairman Gort: What item is this?
Chairman Plummer: The Manager says he does not object to this. What is this for, the Orange Bowl? Are
they good for it?
Mr. Donald Warshaw (City Manager): Yes.
Chairman Plummer: All right. Motion by Willie Gort. Seconded by Sanchez, that Item 9, the Manager has
no objections. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
67 December 8, 1998
The following motion was introduced by Vice Chairman Gort, who moved its adoption:
MOTION NO.98-1185
A MOTION GRANTING REQUEST TO MR. KEVIN C. SMITH,
PARADE OPERATION COORDINATOR, IN CONNECTION WITH
DEFERMENT OF PAYMENT TO THE CITY OF MIAMI POLICE
DEPARTMENT FOR THEIR SERVICES FOR THE DECEMBER 31,
1998 KING ORANGE BOWL JAMBOREE PARADE.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by
the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr..
20. APPROVE SECOND READING ORDINANCE AMENDING SECTION 14-52(c) OF CODE, TO
ESTABLISH EXPIRATION DATE FOR TERMS OF OFFICE FOR MEMBERS OF THE BOARD OF
DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY.
Chairman Plummer: Item 10, Downtown Development Authority. Mr. Gort.
Vice Chairman Gort: Move it.
Chairman Plummer: Moved by Gort. Seconded by Mr. Sanchez.
Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD]
Chairman Plummer: Motion understood. Call the roll.
68 December 8, 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.
Passed on its first reading, by title, at the meeting of November 17, 1998, was taken up for its second and
final reading, by title, and adoption. On motion of Vice Chairman 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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11734
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.
21. APPROVE SECOND READING ORDINANCE AMENDING CHAPTER 2, ARTICLE XI, OF
CODE ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS," AND
CHAPTER 14, ARTICLE V, ENTITLED "DOWNTOWN DEVELOPMENT/SOUTHEAST
OVERTOWN/PARKWEST REDEVELOPMENT DISTRICT AND COMMUNITY
REDEVELOPMENT AGENCY", DISTRICT, TO ESTABLISH THE INDEPENDENT COMMUNITY
REDEVELOPMENT AGENCY AND U.S. HOUSING AND URBAN DEVELOPMENT FUNDING
POLICY, PROGRAM AND PROCEDURES REVIEW COMMITTEE.
Chairman Plummer: Ladies and gentlemen in the audience, I'm going to be buzzing through this agenda
because we're way, way behind. Don't hesitate, if you want to scream at me to slow down for a particular
item that you have. Item 12, Downtown Development, Southeast Overtown/Park West, Redevelopment --
Omni Redevelopment District. This is on second reading. Anybody have a problem?
Vice Chairman Gort: Move it.
Chairman Plummer: Moved by Gort. Seconded by...
Commissioner Sanchez: Second.
69 December 8, 1998
Chairman Plummer: ...Sanchez. Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD]
Chairman Plummer: Motion understood? Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE XI,
ENTITLED "ADMINISTRATION/BOARDS, 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,
REQUIREMENTS 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.
Passed on its first reading, by title, at the meeting of November 17, 1998, was taken up for its second and
final reading, by title, and adoption. On motion of Vice Chairman 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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11735
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.
70 December 8, 1998
Chairman Plummer: Mr. Morse, are you here on an item, sir? All right, sir. If you were, we always give
the courtesy.
22. AMEND CODE CHAPTER 14 "DOWNTOWN DEVELOPMENT / SOUTHEAST OVERTOWN /
PARK WEST REDEVELOPMENT DISTRICT AND COMMUNITY REDEVELOPMENT AGENCY"
AMEND OMNI CRA TO PROVIDE ADDITIONAL FUNDING AND TO PROVIDE SUNSET
EVALUATION AND REVIEW OF CRA — ADD 14-310 AND 14-311.
Chairman Plummer: All right, Item...
Commissioner Sanchez: Fourteen.
Chairman Plummer: Item 13, right?
Commissioner Sanchez: Fourteen.
Commissioner Regalado: Fourteen.
Chairman Plummer: Thirteen.
Commissioner Sanchez: I'm one ahead of you.
Chairman Plummer: Downtown Development, amending certain sections from the year 2000 and 2004.
Moved by Gort. Seconded by Sanchez. Read the ordinance.
Vice Chairman Gort: Second reading.
Chairman Plummer: Mr. Goenaga, you have one minute, sir.
Mr. Manuel Gonzalez-Goenaga: On 14.
Chairman Plummer: On 13.
Mr. Gonzalez-Goenaga: No.
Chairman Plummer: Then, you're up too quick. Anyone else wishing to speak on 13? Hearing no one, call
the roll.
71 December 8, 1998
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 14, ARTICLE V,
ENTITLED "DOWNTOWN DEVELOPMENT/SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT AND
COMMUNITY REDEVELOPMENT AGENCY", OF 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 PROVIDE FOR ADDITIONAL
FUNDING OF SAID COMMUNITY REDEVELOPMENT AGENCIES
FOR FISCAL YEARS 2000 THROUGH AND INCLUDING 2004,
SUBJECT TO THE AVAILABILITY OF FUNDS, AND TO PROVIDE
FOR A COMPREHENSIVE SUNSET EVALUATION AND REVIEW
OF SAID COMMUNITY REDEVELOPMENT AGENCIES BY THE
INDEPENDENT COMMUNITY REDEVELOPMENT AGENCY AND
U.S. HOUSING AND URBAN DEVELOPMENT FUNDING POLICY,
PROGRAM AND PROCEDURES REVIEW COMMITTEE; MORE
PARTICULARLY BY ADDING NEW SECTIONS 14-310 THROUGH
14-311; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading, by title, at the meeting of November 16, 1998, was taken up for its second and
final reading, by title, and adoption. On motion of Vice Chairman 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 Tomas Regalado
Commissioner Joe Sanchez
Vice Chairman Wifredo Gort
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11736.
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.
72 December 8, 1998
23. DEFER TO NEXT MEETING CONSIDERATION OF AGENDA ITEM 14 ( FIRST READING
ORDINANCE AMENDING CHAPTER 2/ARTICLE XI OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATIONBOARDS, COMMITTEES,
COMMISSIONS, TO ESTABLISH THE UNITY COUNCIL OF MIAMI ("TUCOM").
Chairman Plummer: Item 14.
Vice Chairman Gort: Fourteen. I'd like to consider that to be merged with the other item that Regalado is
bringing out. Bring them both together.
Chairman Plummer: You want to defer it until the next meeting?
Vice Chairman Gort: Yes.
Chairman Plummer: Motion by -- to defer the meeting until January...
Commissioner Sanchez: Second.
Chairman Plummer: ...the 9th. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposed? Show it unanimous.
The following motion was introduced by Vice Chairman Gort, who moved its adoption:
MOTION NO. 98-1186
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 14
(PROPOSED AMENDMENT OF CHAPTER 2/ARTICLE XI OF THE
CODE OF CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ADMINISTRATIONBOARDS, COMMITTEES, COMMISSIONS,
TO ESTABLISH THE UNITY COUNCIL OF MIAMI ("TUCOM") TO
THE NEXT COMMISSION MEETING.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following
vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
73 December 8, 1998
24. APPROVE FIRST READING ORDINANCE ESTABLISHING NEW SPECIAL REVENUE FUND
ENTITLED "NEIGHBORHOOD YOUTH JUSTICE PROGRAM," AND APPROPRIATING FUNDS
FOR THE OPERATION OF THE PROGRAM, IN THE AMOUNT OF $76,992, CONSISTING OF A
GRANT FROM THE FLORIDA DEPARTMENT OF JUVENILE JUSTICE TO BE ADMINISTERED
BY THE SOUTHWEST COCONUT GROVE NET SERVICE CENTER.
Chairman Plummer: Item 15.
Commissioner Sanchez: Move.
Chairman Plummer: Neighborhood Youth Justice program. Moved by Sanchez. Seconded by...
Commissioner Regalado: Second.
Chairman Plummer: ...Regalado. Anyone wishing to discuss Item 15? Read the ordinance. Anyone
wishing to speak on Item 15? Call the roll.
An Ordinance Entitled -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE
FUND ENTITLED "NEIGHBORHOOD YOUTH JUSTICE
PROGRAM", AND APPROPRIATING FUNDS FOR THE
OPERATION OF THE PROGRAM, IN THE AMOUNT OF $76,992,
CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT
OF JUVENILE JUSTICE TO BE ADMINISTERED BY THE
SOUTH/WEST COCONUT GROVE NET SERVICE CENTER;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, INCLUDING TWO SERVICE AGREEMENTS
WITH COCONUT GROVE FAMILY AND YOUTH INTERVENTION
CENTER AND WITH THE COCONUT GROVE CARES
BARNYARD PROGRAM FOR THE PROVISION OF YOUTH
SERVICES AND ACTIVITIES; CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Sanchez, seconded by Commissioner Regalado, and was passed in first
reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
74 December 8, 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.
25. CHESS AWARD.
Chairman Plummer: Item 16.
Vice Chairman Gort: Mr. Chairman, before you go on to chapter -- Chapter 16. Item 16, I just want to
(inaudible) we're talking about the National...
Chairman Plummer: I didn't give you permission for that.
Vice Chairman Gort: National Championship Chess Team, which they sent us an award to be given to us
and...
Chairman Plummer:
Why is Willie Gort's name on it?
Vice Chairman Gort:
Because we're the one that funded and help them get out there, OK.
Chairman Plummer:
Yeah, right, uh-huh. Likely story.
Vice Chairman Gort:
Just thought I'd let you know.
Chairman Plummer:
Yes, right.
Vice Chairman Gort:
Go ahead.
26. APPROVE FIRST READING ORDINANCE AMENDING CHAPTER 22/ARTICLE IV., OF CODE
ENTITLED "GARBAGE AND OTHER SOLID WASTE/LOT CLEARING", - TO SET FORTH
PROHIBITIONS RELATING TO OVERGROWN AND DEBRIS LADEN LOTS - PROVIDE FOR
OFFICIAL NOTIFICATION OF VIOLATION AND FOR NON-COMPLIANCE REMEDIES
Chairman Plummer: Item 16 is my ordinance. To my colleagues, this is part of what we're going to be
doing in the new program of lot clearing. I want you to know that people that don't take care of the lots,
we're going to do it for them and we're going to put a lien or get their payment from them. They will be
posted once a year. Anything in excess of 18 inches will, in fact, be cut without further notice during the
period of one year. Item 16, I would like the pleasure, if I can, by law, move it.
Commissioner Sanchez: Second.
Chairman Plummer: Anyone have any discussion? If not, read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD]
Chairman Plummer: Motion understood. Anyone wishing to speak on the issue? Call the roll.
75 December 8, 1998
An Ordinance Entitled -
AN ORDINANCE AMENDING CHAPTER 22/ARTICLE IV., OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "GARBAGE AND OTHER SOLID WASTE/LOT
CLEARING", TO SET FORTH PROHIBITIONS RELATING TO
OVERGROWN AND DEBRIS LADEN LOTS, PROVIDING FOR
OFFICIAL NOTIFICATION OF VIOLATION AND FOR NON-
COMPLIANCE REMEDIES; MORE PARTICULARLY BY
AMENDING SECTIONS 22-116 THROUGH 22-117 AND ADDING
NEW SECTION 22-118 TO SAID CODE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Chairman Plummer, seconded by Commissioner Sanchez, and was passed in
first reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr..
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
Chairman Plummer: Mr. Manager, always in the past, anything on an agenda comes with your approval,
so...
Mr. Donald Warshaw (City Manager): Yes, sir.
Chairman Plummer: I'm just making that for the note.
27. APPROVE FIRST READING ORDINANCE AMENDING ORDINANCE NO. 11478, WHICH
ESTABLISHED INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR SPECIAL
REVENUE FUND ENTITLED "S.T.O.P. PROGRAM," --INCREASE SAID APPROPRIATION IN
THE AMOUNT OF $45,425, CONSISTING OF GRANT FROM THE U.S. DEPARTMENT OF
JUSTICE.
Chairman Plummer: Item 17, the S.T.O.P. (Stress Training for Officers and Partners) Program by the Police
Department for forty-five thousand four hundred and twenty-five dollars ($45,425).
Commissioner Sanchez: So moved.
Chairman Plummer: Moved by Sanchez. Seconded by Gort. Read the ordinance.
76 December 8, 1998
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD]
Chairman Plummer: Motion understood. No further discussion. Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11478, ADOPTED
MARCH 7, 1997, WHICH ESTABLISHED INITIAL RESOURCES
AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE
FUND ENTITLED "S.T.O.P. PROGRAM," BY INCREASING SAID
APPROPRIATIONS IN THE AMOUNT OF $45,425.00, CONSISTING
OF A GRANT FROM THE U.S. DEPARTMENT OF JUSTICE;
AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT,
AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY FOR THIS PURPOSE;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE.
was introduced by Commissioner Sanchez, seconded by Commissioner Gort, and was passed in first
reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
28. AUTHORIZE CITY MANAGER TO AMEND EXISTING AGREEMENT WITH LAW
ENFORCEMENT PSYCHOLOGICAL AND COUNSELING ASSOCIATES, INC., TO INCREASE
PROVISION OF STRESS TRAINING SERVICES -- FOR DEPARTMENT OF POLICE --
ALLOCATE FUNDS THEREFOR FROM THE SPECIAL REVENUE FUND ENTITLED "S.T.O.P.
PROGRAM" FOR SAID SERVICES.
Chairman Plummer: Item 18.
Commissioner Sanchez: Now, here's a resolution where some of the elected officials here should participate
in.
Chairman Plummer: What? I'm sorry.
Commissioner Sanchez: Here's a resolution that some of the elected officials here at the City Commission
should participate in, stress training service.
77 December 8, 1998
Chairman Plummer: Would you go back to the Highway Patrol? Mr. Manager, I only have one question
here. Explain to me what it mean by increased compensation without any designated numbers.
Mr. Donald Warshaw (City Manager): This was a joint venture grant that was applied for simultaneously.
Chairman Plummer: No, speak to the increase compensation aspect of it. Usually...
Mr. Warshaw: Well, the compensation's going to Law Enforcement Psychological and Counseling
Associates. They were the partner that the Police Department applied for this justice department grant with.
So, as a result of these additional dollars, the additional monies is basically going to them.
Chairman Plummer: But is there a figure, a number that not to exceed?
Mr. Warshaw: Yes, sir.
Mr. Alejandro Vilarello (City Attorney): Commissioner, it's an increase of forty-five thousand dollars
($45,000), so the total number...
Chairman Plummer: That's what this is but not to exceed...
Mr. Vilarello: ...is within the resolution of ninety-two thousand six hundred and seventy-five..
Chairman Plummer: All right. Read the -- it's a resolution. Anybody have any questions on Item 18?
Moved by Gort. Seconded by Sanchez. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposed? Show unanimous.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 98-1187
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
AMEND AN EXISTING AGREEMENT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WITH LAW ENFORCEMENT
PSYCHOLOGICAL AND COUNSELING ASSOCIATES, INC., TO
INCREASE COMPENSATION, IN AN AMOUNT NOT TO EXCEED
$45,425.00, PAID TO SAID FIRM FOR THE PROVISION OF
STRESS TRAINING SERVICES FOR THE DEPARTMENT OF
POLICE; AMENDING RESOLUTION NO. 97-184 TO REFLECT (1)
THE CORRECT TERM OF THE AGREEMENT, AS EXECUTED, (2)
THE CORRECT NAME OF THE SPECIAL REVENUE FUND FROM
WHICH FUNDS ARE ALLOCATED, AND (3) THE INCREASED
COMPENSATION; FURTHER, ALLOCATING FUNDS THEREFOR
FROM THE SPECIAL REVENUE FUND ENTITLED "S.T.O.P.
PROGRAM" FOR SAID SERVICES.
78 December 8, 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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr..
29. APPROVE FIRST READING ORDINANCE AMENDING SECTION VI OF CITY'S GENERAL
APPROPRIATIONS ORDINANCE NO. 11705 ADOPTED SEPTEMBER 28, 1998, BY REVISING,
CONTINUING AND INCLUDING NEW CAPITAL IMPROVEMENT PROJECTS FOR FY 1998-99
IN THE GENERAL GOVERNMENT, PUBLIC SAFETY, SOCIAL AND ECONOMIC
ENVIRONMENT, PARKS AND RECREATION, TRANSPORTATION AND PHYSICAL
ENVIRONMENT PROGRAM AREAS.
Chairman Plummer: Item 19. Capital Improvement Projects for 98/99.
Commissioner Sanchez: I need some clarification on that ordinance.
Chairman Plummer: Speak. Mr. Manager.
Commissioner Sanchez: Mr. Manager, it needs some clarification on that. Just want to know if -- is any fire
fee money going to be used toward that?
Mr. Donald Warshaw (City Manager): I'm sorry, Commissioner. Can you say that to me one more time?
Commissioner Sanchez: Nineteen, first reading ordinance on Item 19, which I clarification on the following
matter. Just a question. Is any fire fee money going to be used?
Mr. Warshaw: Yes.
Commissioner Sanchez: Fire fee money's -- I thought fire fee money was only used...
Mr. Warshaw: This is an appropriations ordinance that's allocating additional monies, some from the Safe
Neighborhood and Parks Bond Program, as well as projects that are already budgeted in this fiscal year from
the fire assessment fee for capital needs. So, this appropriation is already something that, basically, the
Commission has blessed when it designated that a certain portion of the fire fee is going to go for the
purchase of capital equipment.
Commissioner Sanchez: My understanding was with the fire fee, that the money was only going to be used
for the Fire Department and here we are, basically, a surprise, to find out that money's not -- it's being used
for something else.
79 December 8, 1998
Mr. Warshaw: No. Just a portion of the fire fee, that's part of this ordinance, is designated for capital
projects for the Fire Department only.
Chairman Plummer: Only. Remember, that was to redo because we have women in the Fire Department
now and we had to provide separate but adequate facilities. It was to redo some of the station -- Chief, how
many pieces of equipment now have we bought from the fire fee? Tell the people where their money's
going.
Chief Carlos Gimenez: Eight rescues, two aerials, three pumpers, and next month we're going to come up
with an additional seven pumpers and three rescues.
Chairman Plummer: OK.
Chief Gimenez: And we have more to come. The reason this ordinance was needed was that only a portion
-- this was all set for apparatus. We need some other things in terms of capital and this allows us to
purchase some other things, not just apparatus.
Chairman Plummer: Read the ordinance.
[AT THIS POINT THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD]
Chairman Plummer: Moved by Gort. Seconded by Sanchez. Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING SECTION VI OF THE CITY' S GENERAL
APPROPRIATIONS ORDINANCE NO. 11705 ADOPTED SEPTEMBER 28,
1998, BY REVISING, CONTINUING AND INCLUDING NEW CAPITAL
IMPROVEMENT PROJECTS FOR FY 1998-99 IN THE GENERAL
GOVERNMENT, PUBLIC SAFETY, SOCIAL AND ECONOMIC
ENVIRONMENT, PARKS AND RECREATION, TRANSPORTATION AND
PHYSICAL ENVIRONMENT PROGRAM AREAS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Vice Chairman Gort, seconded by Commissioner Sanchez, and was passed in first
reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
80 December 8, 1998
30. APPROVE FIRST READING ORDINANCE AMENDING SECTIONS 1, 3 AND 5 OF
ORDINANCE NO. 11553, AS AMENDED, THE ANNUAL APPROPRIATIONS ORDINANCE FOR
FISCAL YEAR ENDING SEPTEMBER 30, 1998 - FOR PURPOSE OF INCREASING SAID
APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS OF
CERTAIN CITY DEPARTMENTS. - DIRECT CITY MANAGER TO PROVIDE MONTHLY
REPORTS ON OVERTIME USAGE.
Chairman Plummer: Item 20, increasing certain City Departments. Now, that one you better come out and
tell us about. Is this just to make budget, Terry?
Commissioner Sanchez: Mr. Chairman, before Dipak says a couple of things, I want to address...
Chairman Plummer: Go ahead, sir.
Commissioner Sanchez: Concerning the FY `98, amending the budget. The budget was amended by
fourteen million dollars ($14,000,000). Out of the concerns that I have for that, I have one point seven
million in overtime. And I have another concern and want a full explanation on why miscellaneous
expenses have reached one point two million dollars ($1,200,000). And those are my two concerns on this
matter.
Chairman Plummer: You want them answered now or by memo later?
Commissioner Sanchez: Right now. Absolutely right now.
Chairman Plummer: Mr. Dipak, are you prepared?
Mr. Dipak Parekh (Director, Management & Budget): OK. Commissioner, this is basically closing out last
fiscal year books, fiscal year '97, '98, and the basic concerns, which had been elaborated here, have been
shown to the City Commission before in terms of the overall overtime pay out, not only in terms of the
several department, which went over, but also, at the same time, they had been put forth before the City
Commission and the Oversight Board. The second issue is that there were other types of revenue. For
example, the pension, state of Florida. These are monies which we get from the state of Florida, which goes
to the Union Pension. So, basically, we account for that in terms of revenue, as well as have to account for
it in terms of expenditures as well. Basically, it's a revenue neutral to the City of Miami. It's just a basic
pure accounting, which the City of Miami has to do.
Commissioner Sanchez: And where did that money come from?
Mr. Parekh: Basically, it's State monies from proceeds of insurance premiums, which, by law, have to go to
the Union pension groups.
Mr. Donald Warshaw (City Manager): Police and Fire Pension boards.
Chairman Plummer: Any further questions?
Vice Chairman Gort: The...
Chairman Plummer: Mr. Gort.
81 December 8, 1998
Vice Chairman Gort: I think the -- did they answer your miscellaneous question?
Mr. Parekh: The other...
Commissioner Sanchez: On the miscellaneous expenses...
Mr. Parekh: OK.
Commissioner Sanchez: ...which is one point two million dollars ($1,200,000)?
Mr. Parekh: Right. Eight hundred thousand dollars ($800,000) was, basically, the prior year bills, which
we were paying in Information Technology. Again, this is a -- not a new issue. An issue which was brought
out earlier to the City Commission and, plus, we were looking at all the other different minor objects within
the City of Miami in accounting for the rest of the differences.
Commissioner Sanchez: Wouldn't you agree with me that it's astronomical to see the budget, you know,
amended by fourteen million dollars ($14,000,000)?
Mr. Parekh: Well, the problem in the City of Miami is that, on a normal basis, every agency, governmental
agency, does an amendment to the particular ordinance, amendment to the adopted budget, either on a
quarterly basis or on a six month basis, but this particular City has not. With the new administration, I think
we are starting with the fact that we will be coming up around the February, March time period with
basically a time cycle of amending the budget every six months.
Mr. Warshaw: And, Commissioner, as part of the Anti -deficiency Ordinance, what I'd like to be able to do
-- and I'm going to bring to you -- is, during the year appropriation adjustments so we don't have to have an
after the fact, end of the year, as we've had historically in the City. We're now -- it's too late basically. I
mean, this is the end of the fiscal year. Last fiscal year is over already. So, we're going to change that this
year. And part of the whole anti -deficiency process is to keep this as an ongoing process throughout the
budget year.
Commissioner Sanchez: Mr. Manager, I was going to bring that up, the anti -deficiency, but -- you know,
being that we're starting the year off basically fresh with the FY-99, my concern is that this sends a wrong
message out that, you know, basically, we don't have control of our spending and, basically, we need to do
everything within our possible powers to make sure it doesn't happen again. I mean, we're amending a
budget by fourteen million dollars ($14,000,000). I'm not talking about five hundred thousand or a million
dollars ($1,000,000). Fourteen million.
Mr. Parekh: Well, it's a two -fold answer I can give you, Commissioner. I think, number one is, basically,
you're doing an accounting, which is a revenue neutral, so you take away six million dollars ($6,000,000) to
begin with. Either it could be budgeted in the general fund or in the special revenue fund.
Mr. Warshaw: Let me explain that. Commissioner, let's take the six point one million. This is income that
goes to the Police and Fire pension plans but because it passes through the City, it has to be accounted for in
some way. That money came very late in the fiscal year. It's taken in by the City and, then, put out. So, it's
really not an additional expenditure but it's got to be, at some point, shown through the budget process. So,
there really isn't a new expenditure here but we still have to show...
Chairman Plummer: I will also inform you that I have asked the Manager that I want a monthly report of
the amount of overtime and the justification for the overtime, and I will share it with all of you. All right.
82 December 8, 1998
Read the ordinance, please, on Item 20.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I want to again commend Commissioner Sanchez for the questions because many of
the questions that he's asked are the questions that we had raised internally in reviewing this item. But I
think it's important, is that this item be bifurcated. The close-out of 1998, it should be one ordinance. Now,
what I need to be -- you know, we're mixing -- this is becoming more like an ominous document because I
can tell you, anything relating to FY-99, I am adamantly going to be opposed to until we deal with the
biannual component of this, which, even though you responded to Commissioner Sanchez in a way that
could be interpreted as being misleading, I think it's very, very clear that this Commission and this process
has engaged in a mid -year budget adjustment, which is standard governmental procedures each year. And,
so, when you tell him that we're going to start doing that, you really haven't told him anything, other than
what we've been doing for the last 20 years. Now, the fact of the matter is, I remember Mr. Warshaw, which
really brought about -- my concern about the anti deficiency, when he said in, I think June -- he said, I stood
up here, we approved a budget in March that was a wink and a nod budget. You remember that, Don? So,
we've done that always. So, the real issue has not been dealt with that Commissioner Sanchez has asked,
from my point of view. And that is, as it relates to FY-`99, what is -- why are we putting anything forward
for FY-`99 that was not a part of the FY-99 budget that we just approved in September? Or does this
contain any FY-`99?
Mr. Parekh: Absolutely not.
Commissioner Teele: Even though the title says that.
Chairman Plummer: No.
Mr. Parekh: It says `97/'98.
Commissioner Teele: I understand the FY-98 component of it, but I just want to be very clear on the record
that this item that is before us today -- as it relates to the FY-98 items, I have no objections to, in terms of
form.
Chairman Plummer: But that's all this speaks to.
Commissioner Teele: But are there any FY-`99 items rolled into here.
Mr. Warshaw: No, sir.
Chairman Plummer: No.
Commissioner Teele: OK. So, the sole issue is the FY-`98 budget.
Mr. Warshaw: Yes, sir.
Commissioner Teele: As a result of these budget adjustments -- well, 1 guess I should ask the Manager
through the -- to the Manager of the Finance Director -- is this the sum total of budget adjustments that we
will be -- you know where I'm going?
83 December 8, 1998
Mr. Warshaw: Yes, sir.
Commissioner Teele: Is this the sum total of FY-`98 budget adjustments...
Chairman Plummer: Is this Amen?
Commissioner Teele: ...that this Commission will see ever in life again or, reasonably, can we expect
anyone FY-`98 budget adjustments?
Chairman Plummer: Is this Amen or not?
Commissioner Teele: Because if it's not, all of the budget adjustments for'98, I think you ought to pull them
off and deal with all of them at one time, and don't put us through the Chinese torture drill because we never
get a full picture.
Chairman Plummer: Who can answer it?
Commissioner Teele: I would really like to hear from the Finance Director and the Budget Director. Mr.
Director, directly, do you expect any additional FY-`98 adjustments to come through?
Mr. Dipak: Unless the external auditor specify it, then it would have to but, otherwise, no.
Commissioner Teele: Madam Director.
Ms. Julie Weatherholtz (Finance Director): I agree with that statement. As the audit goes through, if there
are adjustments that they locate, they will be posted to the '98.
Commissioner Teele: And, so, the question then is, as we look forward to being in the place one year from
now today, can you give us some assurance that the'99 budget adjustments -- we're a year from now. We're
all projecting into the future one year -- that we will not be looking at a -- what did you say -- ten million
dollar ($10,000,000), fourteen million dollar ($14,000,000) adjustment but more like a two million dollar
($2,000,000) adjustment?
Ms. Weatherholtz: I can tell you that, as we close fiscal year 98, that all the departments worked very hard
at bringing forward any expenditures that were really '98 expenditures, that should be posted in '98 as
opposed to '99. Now, if there are instances out there where people still know that they have '98 expenditures
and they've not authorized them to be paid or have brought those to our attention, by the time the audit's
over, there would not be any chance to post those to '98. So, therefore, they will hit the '99 budget, and you
may see budget adjustments coming through because of that.
Commissioner Teele: But in '99 -- and I'm following up on Commissioner Sanchez' question. Madam
Director, I really don't know what you all -- but I defer to you as an accountant, as a CPA (Certified Public
Accountant). What do you think is a reasonable budget adjustment ratio at the end of the year? If this were
a perfect world, other than it being absolutely perfect, but recognizing that to err is human, what -- would be
looking at a fourteen million dollar ($14,000,000) or two million dollar ($2,000,000) budget adjustment?
Ms. Weatherholtz: Well, I -- personally, I think that can vary and, personally, I can think -- sometimes it
could be very good. You may have a windfall of revenues come in, which are very positive and, therefore,
you want to go through and you want to budget those for use in a capital project. So, therefore, it would be
84 December 8, 1998
very positive to have additional budget adjustments because that would be increasing your budget overall all
based on increased revenues. Likewise, you could have budget adjustments because you have expenditures
that need to be covered. But to go through and amend your budget during the year is a very normal process.
It's an estimate when you start. And one of the biggest keys is staying on top of your budget and being
knowledgeable to do the adjustments as you go along because then that does show that you're familiar with
what's going on. And I certainly like the comment that Dipak was saying, that they're looking at coming
through more than just once a year and adjusting the budget because then that provides them that
mechanism to do a full, thorough review.
Commissioner Teele: All right.
Chairman Plummer: OK. Mr. Goenaga.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: The final question that I'd like to -- and thank you very much. Your answer is very
helpful. Why does the subject of this ordinance, Mr. Attorney, continue to make reference, including new
capital improvement projects for FY-98/ 99?
Chairman Plummer: No, no, no, we're on --
Mr. Parekh: We're on Item 20, sir.
Chairman Plummer: We're on 20. You're on 19. Nineteen is passed. We're on 20 now.
Commissioner Teele: OK. Then, that would be the additional expenses. All right.
Chairman Plummer: Well, that's where you were also picking up the 98/99.
Commissioner Teele: Yeah.
Chairman Plummer: Where 20 is solely for'98. OK. Mr. Goenaga, you have one minute.
Mr. Manuel Gonzalez-Goenaga: Yes. Well, contrary to the general belief from this Commission, I used to
work for a bank which now has twenty billion dollars ($20,000,000,000) in assets, and we knew every
single morning the amount of cash on hand in order to make daily investments. And my budget is very
small. This budget is three hundred million dollars ($300,000,000) and after so many years still, I do not
understand it. Thank God the Oversight Board is here and, hopefully -- and this is advice for the new
governor, Jeb Bush -- I hope it stays. Because it will be like my -- not the Oversight Board for the citizens
but the guarantee until we really have trust and confidence in this administration. Thank you very much.
Chairman Plummer: After you left the bank, they did well. Mr. Manager.
Mr. Warshaw: Commissioner Teele, if I could just share one example with you. I got a memo this past
week from one of our directors who's asking for a fifty thousand dollar ($50,000) increase in her budget,
telling me that there's a need to spend this additional fifty thousand because there's going to be additional
revenue generated from it. In past years, the Manager would go find the money and there would not be any
real accountability. One of the things that I'd like to be able to do is bring those kinds of items before you
85 December 8, 1998
throughout the year as budget adjustments, with a justification that there's going to be off -setting revenue,
and that's what I was referring to when I was saying about throughout the year, there will be those kinds of
adjustments...
Chairman Plummer: And I think, when you do that, you can so note that it is going to require a budget
adjustment.
Mr. Warshaw: Correct.
Chairman Plummer: At the time we vote on it, we know that it's a budget adjustment at that time and not an
accumulation later on.
Commissioner Teele: And, Mr. Chairman, I just want the Manager to know -- and I will enthusiastically
support those budget adjustments as we go along the year. I mean, I think that's the way we should be doing
it.
Mr. Warshaw: I agree.
Chairman Plummer: All right. Read the ordinance.
[AT THIS POINT THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD]
Chairman Plummer: Moved by Gort. Seconded by Sanchez. Motion understood? Call the roll.
An Ordinance Entitled -
AN ORDINANCE AMENDING SECTIONS 1, 3 AND 5 OF
ORDINANCE NO. 11553, AS AMENDED, THE ANNUAL
APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING
SEPTEMBER 30, 1998, FOR THE PURPOSE OF INCREASING SAID
APPROPRIATIONS RELATING TO OPERATIONAL AND
BUDGETARY REQUIREMENTS OF CERTAIN CITY
DEPARTMENTS AS ARE MORE PARTICULARLY DESCRIBED
HEREIN; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
was introduced by Vice Chairman Gort, seconded by Commissioner Sanchez, and was passed in first
reading, by title only, by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
86 December 8, 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.
31. APPROVE FIRST READING ORDINANCE AMENDING SECTION 38-8 OF CODE TO
ELIMINATE ADDITIONAL TEN PERCENT CHARGED ON TICKET SALES FOR EVENTS
SPONSORED BY NON-PROFIT ORGANIZATIONS AT THE MANUEL ARTIME COMMUNITY
CENTER.
Chairman Plummer: Item 21, 10 percent charge -- to eliminate the 10 percent charge at the Manuel Artime
Community Center.
Vice Chairman Gort: Non-profit organization.
Chairman Plummer: For non-profit organizations only. Christina, are you in opposition?
Ms. Christina Abrams (Director, Public Facilities): No. This is...
Chairman Plummer: Thank you. Is there a motion?
Commissioner Regalado: Yeah, move it.
Commissioner Sanchez: Second.
Chairman Plummer: By Regalado. Seconded by Sanchez. It's a budgetary impact. I asked if she had any
objections. If you do, say so.
Ms. Abrams: Well, this will reduce our projected revenues by five thousand, what we have booked.
However, we think it may bring new events to the Convention Center -- I mean, to the theater, so we think it
will offset that.
Chairman Plummer: Well, put a one-year time limit on it and we'll find out.
Ms. Abrams: OK.
Chairman Plummer: Make an amendment to the motion that it would be one-year time.
Commissioner Regalado: By the way, Christina, no sell on the Artime yet, right?
Ms. Abrams: To the best of my knowledge, no.
Commissioner Sanchez: We're talking about the theater, correct?
Ms. Abrams: Correct.
Chairman Plummer: Read the ordinance.
Mr. Alejandro Vilarello (City Attorney): This would be an ordinance amended with a one-year sunset
provision, as I understand it?
87 December 8, 1998
Commissioner Sanchez: Who made the motion for one year?
Chairman Plummer: Motion by Regalado. Seconded by you.
Mr. Vilarello: Commissioner Regalado...
Commissioner Sanchez: Not with that amendment.
Mr. Vilarello: ...there's been a suggestion to amend the...
Commissioner Sanchez: Who made that amendment? It doesn't say one year.
Chairman Plummer: I did.
Commissioner Sanchez: Oh, you made the amendment.
Chairman Plummer: I made the amendment.
Commissioner Sanchez: OK. All right.
Mr. Vilarello: Commissioner Regalado?
Chairman Plummer: Would you wake up?
Commissioner Regalado: Yes.
Mr. Vilarello: There's been a request to make an amendment to the ordinance to have a one-year sunset
provision. Would you accept the...
Commissioner Regalado: I have no problem. No problem.
Chairman Plummer: Right, let's see what it's doing.
Mr. Vilarello: And ordinance...
Commissioner Regalado: I think that this will be good because it will bring more activity to the theater and
it's not about the money. It's about activity in that area. And I thank Christina because she understood
immediately what we were trying to do.
Chairman Plummer: Read the ordinance.
[AT THIS POINT THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD]
Chairman Plummer: Motion understood. Call the roll.
88 December 8, 1998
An Ordinance Entitled -
AN ORDINANCE AMENDING SECTION 38-8 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ELIMINATE
THE PAYMENT OF THE ADDITIONAL TEN PERCENT CHARGED
ON TICKET SALES FOR EVENTS SPONSORED BY NON-PROFIT
ORGANIZATIONS AT THE MANUEL ARTIME COMMUNITY
CENTER FOR A PERIOD OF ONE YEAR; 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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
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.
32. DEFER CONSIDERATION OF AGENDA ITEM 22 (PROPOSED FIRST READING ORDINANCE
AMENDING SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI, ENTITLED: "ORDER OF
BUSINESS AND RULES OF PROCEDURE" TO VEST THE RESPONSIBILITY OF AGENDA
PREPARATION WITH THE CITY ATTORNEY) TO FUTURE DATE.
Chairman Plummer: Item 22. This is in reference to the order of business on the preparation of the agenda.
As recommended here, as to the City attorney, I would like to recommend that we go back to the old form
and that would be, where it was previously between the Manager and the Mayor, would now come to the
Manager with the approval of the Chairman. As Commissioner Teele has said for a long time -- and I think
most of us concur -- that, in fact, that it should be the City Commission's agenda and I think that's the way
we need to do it. And the Chairman, whether it's myself or someone else, would have the final approval on
the agenda. That's my suggestion.
Commissioner Sanchez: I have a couple of questions on that matter.
Chairman Plummer: OK. Mr. Sanchez.
Commissioner Sanchez: First statement is, I think it's an administrative issue, that the City Manager should
be handling the agenda. But I want him to know that it's a timely basis. I want to know if the Legal
Department can handle it and do they have the manpower, while they're being constantly overloaded with a
lot of legal cases that are being handled by them? So, I want to ask the Legal Department to give his
89 December 8, 1998
opinion on it, whether he could handle it or not?
Mr. Alejandro Vilarello (City Attorney): Let me answer the second part of the question first. Obviously, if
there was a transfer of responsibility, the personnel would have to be transferred and my budget would have
to adjusted to accommodate that. The Manager and I have spoken about the item and...
Chairman Plummer: The Manager already has personnel.
Mr. Vilarello: ...of course, whatever the City -- they're already in the Manager's staff. Whatever the City
Commission directs us to do, we'll be more than happy to comply with.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I apologize. Commissioner Sanchez had the floor. Did you say you had a couple of
questions?
Commissioner Sanchez: No, no, no, go ahead.
Commissioner Teele: Look, it's very simple. My concern has only to do with -- we operate under what
rules of order?
Mr. Vilarello: Mason's.
Commissioner Teele: Mason's Rules of Order. And I think the uniqueness of our Mason's Rules of Order is
that that's a legislative body rule of orders. It is important for this body -- and the first thing that Mason
says, that the body breathe life in its existence and it must control its rules and procedures. This body
cannot, nor any other legislative body, cannot have the rules and procedures determined. I will tell you right
now that I have served on any number of governmental bodies and commissions, including the Tax and
Budget Reform Commission, and in every legislative body that I've ever been in, the agenda is prepared for
the convenience of the members of the body and not for the staff. This agenda, gentlemen, like it or not, is
prepared for the convenience of the staff. The distribution of it, is based upon the convenience of the staff.
And what we're talking about here is whether or not we're really going to adhere to the rules of the body, of
this legislative body, which is governed by Mason's rules. The fact of the matter is, is that the Manager --
the Attorney cannot prepare an agenda without substantial input from the Manager, and neither can the
Manager prepare an agenda without substantial input of the Attorney. But the question is, who, as a
legislative body, works for this body? And the answer is, the Attorney, not the Manager. The Manager --
we may share responsibilities and authorities. And I think -- you know, I don't want to get into the history of
the last four or five managers, in terms of who they work for and who hires and fires them and all that. But I
think it's real simple. This legislative body or any legislative body must have the resources to carry itself --
its duties out. And, so, whether it be the Sergeant at Arms or Agenda Coordinator or all those things that are
associated with a legislative body, I just think we ought to bring ourselves. I would only ask, Mr. Attorney,
that it be amended to clearly reflect the Manager has equal access and equal rights and equal everything as it
relates to your office in placing things on the agenda, because there's no intent to limit the management from
putting things on the agenda. And, further, that the Clerk's Office, which, quite frankly, is just as easy as
any other office that could have done it, has the responsibility of ensuring that those items that have been
placed on the agenda by the Commission, in a Commission meeting, are pursuant to a resolution; that he can
share that responsibility of ensuring that those items are on the agenda. Because, quite frankly, we'll have a
meeting. We'll say, let's put it on the agenda in two months. It doesn't show up. But it's in the Clerk's notes
90 December 8, 1998
and that's because the Clerk's notes are there but nobody's reading -- I shouldn't say nobody. But they don't
somehow get carried into the action item that makes it happen. And I think, if you look today, there's
probably about what, five, six, seven items that this body has directed be on this agenda that aren't here. So,
I would -- with all of that, I would only say that this is first reading. I think the Manager should be
encouraged to make input and make changes to strengthen or to ensure that the roll of the Manager in
placing items on the agenda in no way is diminished or, in any way, frustrated. But I think it needs to be
very clear to the attorney that we expect a much better administration in terms of the delivery of the kits and
the processing of the kits. And, if we have a five-day rule, then the kit should be going out consistent with
the five-day rule. If we need a 10-day rule, then the kits go out consistent with a 10-day rule. But,
administratively, given the technology today, there is no reason why the City of Miami can't do the same
thing that Dade County does and, that is, distributes an agenda kit, that is four to five times the size of this,
on the fifth day or the day -- in their case, I think it's three days, a three-day rule -- on the day of the last day
of the rule. And I would only ask to move the question at the appropriate time.
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Mr. Vice Chair. Mr. Teele, I would support any changes or amendments to
provide a better government, but there's a lot of factors we need to look at when we create changes. One is,
is it going to cost the City more? Is it going to be a better service to the City? Because we have to take
those factors into consideration. One of the things that I want to look in is, if we go to the Legal
Department, is it going to be done effectively, like it has been done in the past? I think, when you look at
this -- the changing of all the -- the changes that are going to come in front of the Commission today, we
have to be very careful to make sure that the things that we do today, we don't end up paying for them later
on. So, I would ask that we really consider the fact about changing the structure to have the City Attorney
to handle it because, as it is right now, I have never had a problem putting anything on the agenda. But,
once again, I want to tell you, if it's going to benefit the City, my vote will be to support it. But I don't want
to create changes here -- just sometimes I think that -- some of the changes that are happening here are
basically based on structure and personality. We're not going to change the whole government just to have,
either one way or the other, control of it. And, you know, it's getting to a point where somebody's going to
have to take a stand on the Commission and really decide what's going to be -- what's going to need -- the
changing that are going to be needed, so we don't get out of hand. And when you start talking about
changing, who's going to handle the agenda, that's basically a power struggle and I'm not going to participate
in a power struggle. I want what's right for this City and if -- I've never had any complaints, and I want to
put that on the record, with the agenda. Every time that I've had an item, it's been put on the agenda. I want
to commend the staff that prepares the agenda. These two ladies work until two or three o'clock in the
morning. They're excellent. You want to create the changes -- if my colleagues here support the changes,
I'll follow along and go with it. But let me tell you something, if we make that change and it blows in our
face, somebody's going to have to be responsible for that.
Chairman Plummer: Mr. Teele.
Commissioner Teele: Commissioner, in response, let me say this. This charter was changed. This
Commission was a Mayor/ Commission -- I'm sorry, a Manager/Commission form of government. That is a
radically different form of government today than we had one year ago. Radically different. The problem is
that this thing was drafted, plagiarizing largely from the County, but the structure of government that is
associated with this form of government was never changed from the basic things, like when Humberto
Hernandez was going to be sworn in. I mean, it was just totally a disaster. If you think this is a personality
thing, I want this deferred. But let me just tell you this. If you look at the County, the same form of
government, the County Attorney drafts the agenda because the County Attorney works for the
Commission. And, with all due respect, the Mayor should have his staff and his authorities and his
91 December 8, 1998
responsibilities and the Commission should have those. The biggest problem with this government, as
evidenced by the Garcia -Pedrosa circumstance that this Commission was a part of -- you weren't here -- is
that it's very unclear to me, it's unclear to Alex Penelas, it's unclear to Joe Carollo, it's unclear to
Garcia -Pedrosa, it's unclear to Armando Vidal, it's unclear to Ed Marquez, as to who the Manager in this
hybrid form of government called the Executive Mayor, works for? My friend, I will only tell you this.
Based upon what I have seen and based upon what I know, he works much more for the Mayor than for the
Commission and, therefore, the responsibility of preparing a Commission agenda, not the Mayor's agenda,
but the Commission agenda, should rest with a governmental officer, who is accountable to this
Commission, and there is a world of difference between the Office of the City Attorney and the Office of
the Clerk from the Office of the Mayor in this form of government. I would move that the item be deferred.
Chairman Plummer: Deferred?
Commissioner Teele: Yes, deferred. I don't want it to be done as a personality...
Commissioner Sanchez: Well...
Chairman Plummer: Motion to defer...
Commissioner Sanchez: Wait, hold on, hold on. Let me just add a little bit to it.
Chairman Plummer: Motion to defer...
Commissioner Regalado: Excuse me.
Chairman Plummer: Motion to defer take precedence. Is there a second?
Vice Chairman Gort: Second for discussion.
Chairman Plummer: There is a second and now for discussion. Mr. Sanchez.
Commissioner Sanchez: Now, let me tell you. Commissioner Teele, I consider it an honor and a privilege
to sit next to you. Very bright. Being new in the political arena, I'm learning a lot from you. But let me tell
you, you've had -- you've got three items today on the agenda. Did you have a hard time getting those items
on the agenda?
Commissioner Teele: The three items that I have on the agenda are not on the printed agenda.
Chairman Plummer: That's exactly the case. Any further discussion?
Vice Chairman Gort: Yes.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: I would like to go back to the original, when we put this new form of government
together. The Chairman of this body, or whoever it was, was the person that would make the final approval
of the agenda. I think both the Manager and the Law Department has got to work very close together
because every time you have any item, it's got to go to through legal scrutiny. I don't think the Legal
Department's got the staff to do so.
92 December 8, 1998
Chairman Plummer: All in favor of the deferment, say "aye."
Commissioner Teele: Hold it, hold it. I'm withdrawing my motion. Let's just vote this up or down.
Chairman Plummer: All right.
Commissioner Teele: I mean, because I think it creates more confusion by doing this than not.
Chairman Plummer: Then, I'll move for a deferral.
Mr. Gonzalez-Goenaga: May I speak and clarify?
Chairman Plummer: Motion to defer for further information. Is there any further discussion on deferral?
Commissioner Teele: Call the question.
Chairman Plummer: Call the question. Call the question.
The following motion was introduced by Chairman Plummer, who moved its adoption:
MOTION NO.98-1188
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 22
(PROPOSED AMENDMENT OF SECTION 2-33 OF THE CODE OF
THE CITY OF MIAMI, ENTITLED "ORDER OF BUSINESS AND
RULES OF PROCEDURE" TO VEST THE RESPONSIBILITY OF
AGENDA PREPARATION WITH THE CITY ATTORNEY) FOR A
FUTURE DATE TO BE DETERMINED.
Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
93 December 8, 1998
33. (A) RELATING TO THE INDIAN RIVER INVESTMENTS HOUSING PROJECT, OWNED BY
INDIAN RIVER INVESTMENTS MANAGEMENT CO., INC., IN OVERTOWN TARGET AREA —
AUTHORIZE / DIRECT CITY MANAGER TO: (1) WAIVE APPROXIMATELY $154,243.44, IN
PAST DUE INTEREST PAYMENTS AND $11,918.79, IN LATE FEES, ASSOCIATED WITH THE
CITY'S OUTSTANDING COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM LOAN IN
THE PRINCIPAL AMOUNT OF APPROXIMATELY $677,993.91; (2) ALLOW FOR SALE OF
AFOREMENTIONED HOUSING PROJECT AND TRANSFER AND/OR ASSIGNMENT OF THE
SECTION 8 MODERATE REHABILITATION PROGRAM HOUSING ASSISTANCE PAYMENTS
CONTRACT TO PROSPECTIVE PURCHASER, IF APPLICABLE; AND (3) EXECUTE ALL
NECESSARY DOCUMENTS - FURTHER DIRECT CITY MANAGER TO CERTIFY THAT ALL
APPLICABLE STATUTES AND CODES HAVE BEEN COMPLIED AS IT PERTAINS TO
AFOREMENTIONED PROJECT.
(B) ESTABLISH POLICY TO CONDUCT CRIMINAL BACKGROUND CHECKS OF PARTIES
REQUESTING DISBURSEMENT OF CITY FUNDS.
(C). INSTRUCT CITY MANAGER NOT TO EXECUTE TRANSACTION WITH INDIAN RIVER
INVESTMENT MANAGEMENT COMPANY, INC. UNTIL PERSONALLY SATISFIED WITH SAID
HOUSING PROJECT.
(D) COMMENTS REGARDING DISCLOSURE RELATED TO INDIAN RIVER HOUSING
PROJECT
Chairman Plummer: Item 23. Resolution on Indian River Investment Housing Project. Mr. Manager. Mr.
Hepburn.
Mr. Jeff Hepburn (Assistant Director, Housing): This item basically is a resolution to request a waiver of
about a hundred sixty-six thousand dollars ($166,000) in late fees and uncollected past due interest on a City
loan, a multi -family loan we gave back in 1989 to the Indian River Investment...
Chairman Plummer: Mr. Chairman of the CRA (Community Redevelopment Agency), are you in favor of
this?
Commissioner Teele: I'm not familiar with it. It was a -- it's one of those community -- it's apparently one
of those missing seventy-one million dollar ($71,000,000) deals. But because it's a Community
Development deal, all of the CRA (Community Redevelopment Agency)money is accounted for.
Chairman Plummer: But isn't this area in the CRA area?
Ms. Dena Bianchino (Assistant City Manager): This has nothing to do with the CRA.
Chairman Plummer: Excuse me. Is it not in the CRA area?
Commissioner Teele: It is absolutely in the CRA area.
Chairman Plummer: And I asked you, as Chairman, if you have...
Commissioner Teele: And, Mr. Chairman, we have no objection to this item.
Chairman Plummer: That's all I'm asking. Thank you. Anybody else wishing to discuss the issue? The
man without the bow tie. Yes, sir?
94 December 8, 1998
Mr. Daniel Ricker: Daniel Ricker, 4302 Ingram Highway. Commissioner Plummer, I realized, after you did
this the last time I was going to respond to you, I come here with a certain dignity in the office and feel
honored to have the opportunity to speak to you.
Chairman Plummer: Absolutely.
Mr. Ricker: Thank you. Question: Did we count this as incoming revenue in this budget year and is this, in
any way, going to be a write-off of budgeted items in our current budget?
Chairman Plummer: Gwendolyn, I think the answer is no but let them answer it.
Ms. Gwendolyn Warren (Director, Community Development): I'm sorry?
Chairman Plummer: Repeat your question, please.
Mr. Ricker: The question is, is, in any way, any financial harm going to be done to the integrity of the City
of Miami's budget if we write off this one hundred and sixty-six thousand?
Ms. Warren: The answer is no. But additional information would be that one, it has to go through approval
process with HUD (Housing and Urban Development) but it appears, at this point and time, that if we do not
do this, the City will lose all of its monies in this property. So, basically, what we're trying to do is make
sure the City doesn't lose its monies.
Mr. Ricker: So, we're trying to shore this up so that we continue to do good deeds. Thank you very much.
Ms. Warren: The refinancing could wipe the City out totally, and what we're -- what they're basically saying
is that they'll guarantee us the principle, less the interest, and not wipe us out. So, we'll end up actually
saving our principle.
Chairman Plummer: All right. That answers the question. We are on Item 23. It is a resolution. Anyone
else wishing to speak to the issue? Moved by...
Vice Chairman Gort: Staff recommends?
Chairman Plummer: Staff recommends. By Mr. Gort. Seconded by Mr. Teele. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposed? Show it unanimous.
95 December 8, 1998
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 98-1189
A RESOLUTION RELATING TO THE INDIAN RIVER
INVESTMENTS HOUSING PROJECT, A 66 UNIT MULTIFAMILY
APARTMENT COMPLEX CONSISTING OF THREE (3) BUILDINGS
OWNED BY INDIAN RIVER INVESTMENTS MANAGEMENT CO.,
INC., IN THE OVERTOWN TARGET AREA; AUTHORIZING AND
DIRECTING THE CITY MANAGER TO: (1) WAIVE
APPROXIMATELY $154,243.44, IN PAST DUE INTEREST
PAYMENTS AND $11,918.79 IN LATE FEES, ASSOCIATED WITH
THE CITY' S OUTSTANDING COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM LOAN IN THE PRINCIPAL AMOUNT
OF APPROXIMATELY $677,993.91; (2) ALLOW FOR THE SALE
OF THE AFOREMENTIONED HOUSING PROJECT AND THE
TRANSFER AND/OR ASSIGNMENT OF THE SECTION 8
MODERATE REHABILITATION PROGRAM HOUSING
ASSISTANCE PAYMENTS CONTRACT TO THE PROSPECTIVE
PURCHASER, IF APPLICABLE; AND (3) EXECUTE ALL THE
NECESSARY DOCUMENTS TO CONSUMMATE THE PROPOSED
PURCHASE TRANSACTION ACCEPTABLE TO THE CITY
ATTORNEY, SUBJECT TO CERTAIN TERMS AND CONDITIONS.
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: Commissioner Joe Sanchez
ABSENT: None.
Chairman Plummer: Item 20...
Commissioner Teele: Mr. Chairman, I saw...
Commissioner Sanchez: No, no, no, no. One no. That's me.
Commissioner Teele: I saw one of the Union representatives. Were you...
Chairman Plummer: OK. All right. Show one negative vote by Mr. Sanchez.
Commissioner Teele: Mr. Chairman?
96 December 8, 1998
Chairman Plummer: Mr. Teele.
Commissioner Teele: Mr. Manager, on all of these matters relate to loans and refinancing, I would like a
certificate that all applicable State, Federal and City ordinances are being complied with and they are not
out of zoning, out of anything. And, particularly, as it relates to housing -- I mean, as it relates to parking, as
it relates to playground, as it relates to open space, and the kind of configurations that our codes require that
clearly are not enforced in the poor areas. In other words...
Mr. Warshaw: I understand.
Commissioner Teele: If we're going to provide loan money -- and even though, you know, I want to take up
this item with you before and you all never addressed it. These properties must meet Code, City Code.
Mr. Warshaw: Yes, sir.
Commissioner Sanchez: Mr. Vice Chair?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: One more thing I want to bring out. Earlier today I made a motion, which were
directly to the City Manager and that is, from now on, Mr. City Manager, on these 108 loans and anything
that's costing the City a lot of money, I will direct you to conduct credit checks, criminal checks, dual
diligence...
Chairman Plummer: Mr. Sanchez, you're not at liberty to direct the Manager. You can formulate any policy
that you wish and he has to abide by it.
Commissioner Sanchez: Well, then I suggest that he provide or establish a policy...
Chairman Plummer: And you are now making the policy of this Commission, in the form of a motion...
Commissioner Sanchez: And the motion is -- and I'll -- well, I'll direct the motion. Direct the City Manager
-- the motion for the City to conduct criminal checks, credit checks, use due diligence on all matters
pertaining to a lot of money being spent on anything concerning the City.
Chairman Plummer: Except Commissioners. There is a second to the setting of a policy by Gort. All in
favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it unanimous.
97 December 8, 1998
The following motion was introduced by Commissioner Sanchez, who moved its adoption:
MOTION NO. 98-1190
A MOTION ESTABLISHING A POLICY OF THE CITY
COMMISSION THAT THE CITY MANAGER SHALL CONDUCT
CRIMINAL BACKGROUND CHECKS AND EXERCISE DUE
DILIGENCE IN CONNECTION WITH THE DISBURSEMENTS OF
ANY AND ALL CITY FUNDS TO REQUESTING PARTIES.
Upon being seconded by Vice Chairman Gort, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Vice Chairman Gort: Question.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: The repayment of these loans, it goes back into the -- your funds?
Mr. Hepburn: Yeah. This is considered program income that goes back into the federal pot.
Vice Chairman Gort: Right. This program income can later on be distributed to whatever...
Mr. Hepburn: That's correct.
Vice Chairman Gort: ...application comes in front of you?
Mr. Hepburn: It would be reallocated to other CDBG eligible activity.
Vice Chairman Gort: OK.
Chairman Plummer: Which must be approved by this Commission?
Mr. Hepburn: That's correct.
Chairman Plummer: Absolutely.
Vice Chairman Gort: Thank you.
98 December 8, 1998
Chairman Plummer: Item 23A.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Vice Chairman Gort: Do we want to reallocate these funds, where we're spending originally? This is the
question that I have of this Commission. In other words...
Commissioner Teele: I think there's some policy questions like that. We really should...
Vice Chairman Gort: There's certain policies that we should look into. If these funds were spend in certain
neighborhoods and is being paid, they should be spent or reused in that same neighborhoods.
Mr. Warshaw: And, Commissioner, I agree. That's a policy decision and we can provide you that
information as monies are being reprogrammed, where they were previously.
Vice Chairman Gort: All right. I think it's very important that we do that.
Chairman Plummer: Hey, there's five districts and we're looking at division by five.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Are the new owners -- has anyone done -- are we comfortable with the new owners?
Mr. Hepburn: At this point, we're still going through a process, that we're trying to certify who the owner is
and some other issues that HUD wants us to address. I'm saying to you today, we're not comfortable but
before we move forward with this particular transaction, we have to be alone working with the Law
Department.
Commissioner Teele: But let me get this right. You're not comfortable but we just voted to do it?
Mr. Vilarello: Commissioner, what...
Mr. Hepburn: I'm saying in a sense of the additional work we need to do to satisfy HUD. We're not quite
there yet, today.
Mr. Vilarello: HUD has identified two conditions.
Ms. Warren: Commissioner?
Chairman Plummer: Excuse me. One person at a time. The Commissioner has the floor.
Commissioner Teele: Mr. Chairman. Now, I was looking at this Tabares thing, the resolutions on that, and
it's interesting who voted for it and how it came up. But one thing you can say about old Mayor Carollo,
he's a wiley old bird. He said, I'm voting for this, condition on the management recommendation and
support for this. There is the one point six million dollars ($1,600,000) that they just gave this guy a year
ago. The same guy we were being held up on today. You voted blindly, fully yes, as I just did on this
99 December 8, 1998
project. I'm not sure I want -- don't want to move to reconsider this because I don't think we should be asked
to approve anything until the Manager and his professional staff are telling us -- and I don't think we ought
to have to play word games here. I think, if the Manager is not one hundred percent prepared to stand up
and say, this is a good deal -- and I don't think we ought to fill the record up with that kind of nonsense and
everybody cover their butt all day, trying to make sure that we're not making a bad vote. We should be here
to do business, but I don't think anything, Mr. Manager, should be on this agenda that you're not fully
comfortable with as a staff recommendation going forward. So, let me just ask you, Mr. Manager, are you
comfortable with the new owners and do you think they're honorable people that will live up to the terms of
the agreement? And, Mr. Manager, I really want to hear it from you, that you're comfortable.
Mr. Warshaw: Respectfully, I'm going to defer to Ms. Warren because she has much more intimate
involvement with the owners.
Ms. Warren: What the response is, is that we're comfortable with the loan application and the financing. All
of that is subject to review by the regional HUD office. And, obviously, the whole financial and
underwriting for the transfer has to be approved by the Oversight Board.
Chairman Plummer: Gwen, excuse me.
Ms. Warren: We are comfortable with our recommendation
Chairman Plummer: That is not what the Commissioner has asked you.
Ms. Warren: We support our recommendation. We're advocating our...
Chairman Plummer: The Commissioner asked, are you...
Ms. Warren: Yes, sir.
Chairman Plummer: ...personally, you, the department head of Community Development, comfortable with
the new owners?
Ms. Warren: Yes, sir.
Chairman Plummer: Not anybody else. You.
Ms. Warren: Yes, I am.
Chairman Plummer: That's...
Commissioner Sanchez: Mr. Vice Chair?
Commissioner Teele: And I want my question -- my question was to the Manager.
Chairman Plummer: Oh. Well, both. Because he deferred to her.
Commissioner Sanchez: Mr. Vice Chair?
Chairman Plummer: Mr. Sanchez.
100 December 8, 1998
Commissioner Sanchez: Since I was the only no vote, I make a motion to reconsider.
Chairman Plummer: Can he make a...
Mr. Vilarello: It's the members of the prevailing side can move to reconsider. Go back and read Mason's
book of rules.
Chairman Plummer: You have no choice, sir. Go back and read the Mason's book of rules.
Commissioner Sanchez: I haven't gotten one yet.
Chairman Plummer: All right. How could you be in the Mason's book when you're a Catholic? You can't
be a Mason and a Catholic too.
Commissioner Teele: Mr. Chairman.
Chairman Plummer: Excuse me.
Commissioner Teele: I don't want to -- look, this is a very big issue. It's my understanding, in looking at
this...
Commissioner Sanchez: It's a bad deal.
Commissioner Teele: But I think we should make -- I would like to offer a motion that this transaction shall
not be executed by the Manager until he is, personally, satisfied with every aspect of this transaction relating
to the new owners.
Chairman Plummer: That's an amendment?
Commissioner Teele: That's just a...
Chairman Plummer: OK. I think that's fair. Mr. Sanchez, sir...
Commissioner Teele: Can I move that item?
Chairman Plummer: You want to use that, it'll be fine. That's a motion made and seconded by Mr. Gort.
All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Fine. Show it unanimous.
101 December 8, 1998
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 98-1191
A MOTION STATING THAT THE AFOREMENTIONED
TRANSACTION BETWEEN THE CITY OF MIAMI AND INDIAN
RIVER INVESTMENTS MANAGEMENT COMPANY, INC. SHALL
NOT BE EXECUTED BY THE CITY MANAGER UNTIL HE IS
PERSONALLY SATISFIED WITH SAID HOUSING PROJECT
DEAL.
Upon being seconded by Vice Chairman Gort, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner. Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Mr. Sanchez, in the future, I would appreciate, sir, if you're going to say that a thing is
a bad deal, that you just don't vote no. If you have information that why this is a bad deal, I think I would
appreciate you putting on the record why it's a bad deal. You know, if you just don't think that it's -- it
should be, then vote no. But your comment that this is a bad deal, I think we're entitled to know maybe
some information you might have. And if it is, that's fine. If it's not, then "C'est la vie."
Commissioner Sanchez: Mr. Vice Chair, may I respond to you?
Chairman Plummer: Sure.
Commissioner Sanchez: Listen, my opinion is my opinion, all right. And when -- I'm going to say what I
have to say up here and when I'm telling you that it's a bad deal, I think it's a bad deal, because of the money
we're spending. If you look at it, it has all the patterns of all the other bad deals that we've made in the past.
And if you look in the agenda today, we have a couple of 108 loans that have gone bad, and that's just my
idea. And you know what, my idea, that's why I'm up here to express my idea. It's a bad deal and I'll
continue to say it.
Chairman Plummer: OK. I'm just wanting to know if you had more information than we might be wanting
to hear about.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: We need to move on with the order of the day.
102 December 8, 1998
Chairman Plummer: I agree with that. Item 20...
Commissioner Teele: But let me --may I just say --may I just say one thing to my colleague, Mr. Sanchez?
Chairman Plummer: Absolutely.
Commissioner Teele: You just made some very complimentary things about me and I take that in very
seriousness. I want to stand with the Chairman on this particular item. This is a legislative body. We learn
from each other.
Chairman Plummer: Absolutely.
Commissioner Teele: And one of the problems with this body is, we're really too small to have committees,
to have real functional committees. And so everybody's sort of a committee of one. I'm looking to you on
matters relating -- I'm going to put it on the record. I'm looking to you on matters relating to budget and
finance because you're an accountant; you're with a very prestigious accounting firm; you've got resources
that we don't have, to look at some of these things and to advise us. I think what Commissioner -- what the
Chairman is saying is the way it works in a legislative body kind of thing and, that is, we have to rely on
each other, to share with each other why we don't want to support something. That doesn't mean you ought
to vote with the majority. Absolutely not. But if you know something about these things, just help us out
because we don't want to -- you know, you'll find three other people running right behind if you know
something bad. So, thank you.
34. AWARD FUNDING IN AMOUNT OF TWO MILLION FOUR HUNDRED THOUSAND
DOLLARS ($2,400,000) TO MIAMI-DADE COUNTY'S OFFICE OF COMMUNITY SERVICES
(SERVICE PROVIDER) - FOR PROVISION OF UTILITIES ASSISTANCE TO VERY LOW
INCOME PERSONS LIVING WITH HIV/AID -- ALLOCATING FUNDS FROM THE FY 1998
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM GRANT
(ACCOUNT NO. 194006.590606.6860.94654), FOR THE PROVISION OF SAID SERVICE.
Chairman Plummer: Item 23A. Two point four million Dade County for the HOPWA (Housing
Opportunities for Persons with AIDS) housing of AIDS patients.
Commissioner Regalado: Mr. Chairman?
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: Is this all the funding that we have for HOPWA?
Chairman Plummer: No. We have much, much more. I think it's eight million dollars ($8,000,000) total.
Commissioner Regalado: OK. What are we doing with this?
Mr. Jeffrey Hepburn (Assistant Director, Housing): What we're doing today is basically allocating two
point four million dollars ($2,400,000) to Dade County, over a two year period, to basically provide utility
assistance to persons living with AIDS (Acquired Immune Deficiency Syndrome). They qualify up to
twelve hundred dollars ($1200) a year, one shot.
103 December 8, 1998
Chairman Plummer: Moved by Regalado. Seconded by...
Vice Chairman Gort: Second.
Chairman Plummer: ...Commissioner Gort.
Commissioner Teele: Why are we doing this? We don't -- is this the way we've always run this program?
Chairman Plummer: Yes.
Vice Chairman Gort: We get the funds...
Commissioner Teele: In other words, the County has always administered the money for us?
Chairman Plummer: No. As a matter of fact, you will have an application before you today on the
Everglades apartments downtown, where they will be requesting these monies, where they will be taking
and having, I think, 20 percent of their housing must be dedicated to AIDS patients and they can apply for
these monies and that will be the way that that happens.
Commissioner Teele: Well, hold it, hold it, hold it.
Chairman Plummer: Yes, sir.
Commissioner Teele: J.L., you're not helping me none.
Chairman Plummer: All right.
Commissioner Teele: Look, I'm reading this. At the November 6, 1998, HOPWA Advisory Board, the
board recommended allocating two point four million of HOPWA funds to Metro-Dade's Office of
Community Service.
Chairman Plummer: That's correct. All of the money comes to the City.
Commissioner Teele: Right. And so the question is...
Chairman Plummer: OK.
Commissioner Teele: I just want to know, why do we have to turn the money over to Dade County? Why
are we -- have we always turned the money over to Dade County in this account?
Chairman Plummer: Some.
Ms. Gwendolyn Warren (Director, Community Development): Some of it, yes.
Commissioner Teele: In this account? For this activity.
Ms. Warren: For this particular activity, as long as they do the rental assistance, the utilities, and other
things go with that project, their program has expanded. They're a subcontractor that does that particular
function, under HOPWA, on a county -wide basis. We have other programs that are administered by other
agencies, but the rental subsidy program, the County does administer county -wide for us.
104 December 8, 1998
Commissioner Teele: How much administrative funds -- how much administrative costs do we allow the
County to take?
Ms. Warren: The grant allows for a three percent administrative cost, which is -- the City uses for grand
administration. Any sub -contractor, which the County is, for this particular portion, can get up to seven
percent to administer any programs.
Commissioner Teele: Let me just ask the question once more. How much money are we going to allow the
County to take for administrative support to administer this program?
Ms. Warren: They can negotiate up to seven percent to administer this program.
Commissioner Teele: And how much are we taking to administer the program?
Ms. Warren: We're taking no money to administer this particular project.
Commissioner Teele: How much money does the federal government allow the City of Miami to take to
administer the HOPWA program?
Ms. Warren: From the whole allocation, three percent.
Commissioner Teele: Well, I would only hope that you would not negotiate with our big brothers to give
them more money to administer a program than we get.
Ms. Warren: Again, they run a project that has a limitation on the administration. We are responsible for
the entire grant for the County. Our maximum limit is three percent.
Chairman Plummer: So be it. Moved by Regalado. Seconded by Gort. All in favor, say "aye. Hello? All
in favor...
Commissioner Regalado: I will vote yes. But I think that my original question is, why are we doing this?
And Commissioner Teele is saying something that we should really reflect on it. You know, when the
County now is giving away the money for Community Development, it's excluding the City of Miami.
Chairman Plummer: Yeah, but...
Commissioner Regalado: So, my question is, if we can use this money, why cannot we distribute this
money ourselves?
Chairman Plummer: Can I...
Ms. Warren: Sir...
Commissioner Regalado: We can use a certain part of the grant.
Chairman Plummer: We are.
Ms. Warren: Actually, we do. The -- but let me explain. The City is considered...
105 December 8, 1998
Chairman Plummer: Let me stop you one minute. Maybe I can try to help. Mr. Regalado, the County does
not receive directly any of these monies. They all come to the City for the purposes of the entire county.
Commissioner Regalado: I understand that, J.L.
Chairman Plummer: Now, proceed anything else.
Commissioner Regalado: I understand that.
Ms. Warren: And under the grant, Commissioner, we are responsible for administering services for the
whole -- for all of Dade County. Unfortunately, the...
Commissioner Regalado: How -- why cannot we subcontract?
Ms. Warren: We are subcontracting.
Chairman Plummer: We do.
Ms. Warren: Because of the computerized payment system and because we're talking about twenty-five
hundred checks a month, basically, the City has the mechanism to be able to distribute the checks, to pay
utility bills on time, and we have had this service provided by other community agencies, who were unable
to make the rent payments for our clients and it put them at risk. And the County has the major mechanism,
through their billing system, to be able to make sure the rent checks and the utility payments get there on
time. So, what it does is, it, basically, provides a level of protection for all of these individuals that,
currently, the City can't provide, nor can any one community agency.
Commissioner Regalado: Well, I'll tell you. We keep...
Ms. Warren: Unfortunately.
Commissioner Regalado: No. We keep saying that we need to hire people; that we need to buy technology,
but if we keep giving away money to the County and contracts to the County, you know, we will be
spending our money but will not be using the federal funds. I think -- you know, I'm voting for this now but
I think that, in the next fiscal year, we've got to do this ourselves. I mean, we can do it. You keep telling us
that you're restructuring your department. That's fine and dandy. The Manager is hiring people. We're
buying millions in technology and, yet, we cannot, ourselves, distribute this money.
Chairman Plummer: Mr. Regalado, I'd asked you to look at Item 51, sir, that's under this term of monies and
I think that that will help to answer the question. All in favor of Item 23A.
The Commission (Collectively): Aye.
Chairman Plummer: Opposed? Show unanimous.
106 December 8, 1998
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-1192
A RESOLUTION APPROVING FUNDING, IN THE AMOUNT OF
TWO MILLION, FOUR HUNDRED THOUSAND DOLLARS
($2,400,000) TO MIAMI-DADE COUNTY, OFFICE OF
COMMUNITY SERVICES (SERVICE PROVIDER), FOR THE
PROVISION OF UTILITIES ASSISTANCE TO VERY LOW INCOME
PERSONS LIVING WITH HIV/AIDS; ALLOCATING FUNDS
THEREFOR FROM THE FY 1998 HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS (HOPWA) PROGRAM GRANT, ACCOUNT
NO. 194006.590606.6860.94654; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
MIAMI-DADE COUNTY, OFFICE OF COMMUNITY SERVICES, TO
IMPLEMENT THE PROGRAM.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: Commissioner Arthur E. Teele, Jr..
ABSENT: None.
Chairman Plummer: Item 20...
Commissioner Teele: No. Please show me...
Chairman Plummer: Show you negative?
Commissioner Teele: On the HOPWA item..
Chairman Plummer: Yes. Show you negative. All right. Mr. Clerk, so record.
107 December 8, 1998
35. RATIFY / APPROVE / CONFIRM CITY MANAGER'S ACTION IN APPROVING EMERGENCY
EXTENSION OF CONTRACTS WITH ADVANCED DATA PROCESSING AND MEDAPHIS, INC. -
FOR PROVISION OF EMERGENCY MEDICAL TRANSPORT BILLING AND COLLECTION
SERVICES, ON A MONTHLY BASIS - NOT TO EXCEED SIX (6) MONTHS - FOR DEPARTMENT
OF FIRE -RESCUE, IN AN AMOUNT OF $150,000 - ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NO. 001000.280601.6.340.
Chairman Plummer: Item 25, extension, advanced data processing and Medaphis, Inc. for a hundred and
fifty thousand dollars ($150,000). Is there a motion?
Commissioner Sanchez: So moved.
Chairman Plummer: By Sanchez. Seconded by Regalado.
Commissioner Regalado: Question.
Chairman Plummer: Question.
Commissioner Regalado: I thought that we moved to award or to have the Manager award a company. Is
this back pay?
Chairman Plummer: Mr. Chief.
Chief Gimenez: No, sir. What happened is, we had a company that we wanted to do this and it -- the
Commission asked us to go and renegotiate with the three highest bidders, which we're doing on starting the
process on December 17th. What this does, it allows us to continue to collect on our transports, while we're
negotiating a new contract.
Chairman Plummer: This keeps it active.
Commissioner Regalado: Yeah, I know. But would this be in excess of what we're paying?
Chief Carlos Gimenez: No. All it is, is the terms and conditions that were previous -- under the previous
two contractors are going to be continued until we get a new contract with the -- whoever wins out on the
negotiation process.
Chairman Plummer: This gives them the time to do what we asked them to do.
Mr. Donald Warshaw (City Manager): We're just continuing what we had previously, Commissioner.
Chairman Plummer: Mr. Richter.
Mr. Daniel Ricker: So, this -- Daniel Ricker, 4302 Ingram Highway. So, this has nothing to do with the bid
process being in dispute, that we heard a couple of Commissions back?
Chairman Plummer: They're still going through the process and that's why it's an extension..
Chief Gimenez: Correct.
108 December 8, 1998
Mr. Ricker: All right. Thank you.
Chairman Plummer: All right. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? I assume, Mr. Clerk, I had four affirmative votes.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1193
A RESOLUTION BY A FOUR/FIFTHS (4/5THS) AFFIRMATIVE
VOTE OF THE MEMBERS OF THE CITY COMMISSION,
RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S ACTION IN APPROVING THE EMERGENCY
EXTENSION OF THE CONTRACTS WITH ADVANCED DATA
PROCESSING AND MEDAPHIS, INC., FOR THE PROVISION OF
EMERGENCY MEDICAL TRANSPORT BILLING AND
COLLECTION SERVICES, ON A MONTHLY BASIS NOT TO
EXCEED SIX (6) MONTHS, FOR THE DEPARTMENT OF FIRE -
RESCUE, IN AN AMOUNT OF $150,000.00; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO. 001000.280601.6,340.
(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.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: *Vice Chairman Wifredo Gort
[*In Agreement, though absent]
109 December 8, 1998
36. AUTHORIZE INCREASE IN AGGREGATE AMOUNT NOT TO EXCEED $40,000 ANNUALLY,
IN CONTRACTS WITH FLORIDA DETROIT DIESEL-ALLISON, INC., RELIABLE REPAIRS, AND
PITTS ENGINE & TRANSMISSION, APPROVED PURSUANT TO RESOLUTION NO. 97-853 - FOR
AUTOMATIC TRANSMISSION EXCHANGES OR OVERHAULS FOR LIGHT FLEET VEHICLES,
MID -SIZE TRUCKS, AND HEAVY EQUIPMENT - FOR DEPARTMENTS OF GENERAL
SERVICES ADMINISTRATION AND FIRE RESCUE - ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NOS. 509000.420901.6.670 ($30,000) AND 001000.280701.6.670 ($10,000).
Chairman Plummer: OK, Item 26. An increase in the amount of forty thousand dollars ($40,000) for
automatic transmission exchanges, and they don't dare tell me if this is a City vendor or not.
Mr. Juan Pascual (Director, General Services Administration): It is a City of Miami -- the primary vendor is
Florida Detroit Diesel.
Chairman Plummer: Moved by Sanchez. Seconded by Teele. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1194
A RESOLUTION AUTHORIZING AN INCREASE, IN AN
AGGREGATE AMOUNT NOT TO EXCEED $40,000.00
ANNUALLY, IN THE CONTRACTS WITH FLORIDA DETROIT
DIESEL-ALLISON, INC., RELIABLE REPAIRS, AND PITTS
ENGINE & TRANSMISSION, APPROVED PURSUANT TO
RESOLUTION NO. 97-853, FOR THE PROCUREMENT OF
AUTOMATIC TRANSMISSION EXCHANGES OR OVERHAULS
FOR LIGHT FLEET VEHICLES, MID -SIZE TRUCKS, AND HEAVY
EQUIPMENT, FOR THE DEPARTMENTS OF GENERAL SERVICES
ADMINISTRATION AND FIRE -RESCUE; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NOS. 509000,420901.6.670
($30,000) AND 001000.280701.6.670 ($10,000).
110 December 8, 1998
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: *Vice Chairman Wifredo Gort.
[*In agreement, though absent]
37. RATIFY / APPROVE / CONFIRM CITY MANAGER'S FINDING OF EMERGENCY- APPROVE
EMERGENCY PROCUREMENT OF TECHNICAL COMMUNICATIONS SERVICES FROM
MOTOROLA, INC. - FOR GENERAL SERVICES ADMINISTRATION -- IN AMOUNT OF $13,000 -
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 506000.420601.6.670. - DIRECT
CITY MANAGER TO REVIEW ACCURACY OF POLICE RADIOS.
Chairman Plummer: Item 27. A technical communication services from Motorola for thirteen thousand
dollars ($13,000).
Commissioner Sanchez: So moved.
Chairman Plummer: Moved by Sanchez.
Commissioner Teele: Second.
Chairman Plummer: Seconded by Teele. Mr. City Manager, sir, you know, I am a total 25 hour -day
listening to the police radio.
Mr. Donald Warshaw (City Manager): Yes, sir.
Chairman Plummer: Mr. Manager, it is bordering on being dangerous. The dispatchers cannot understand
the cars. They're having to repeat two or three times. The cars are not understanding the dispatchers and,
sir, I'm telling you, you are bordering on a situation that is not good. Last Sunday, during the entire day,
there was a (inaudible) coming over the radio and nobody understood what was going on. Those guys out
there in blue, their life depends on that umbilical cord. Sir, you take it. You look at it. I'm telling you, it is
not good. OK.
Commissioner Sanchez: Mr. Vice Chair?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: I thought you directed me that Commissioners cannot direct the City Manager.
III December 8, 1998
Chairman Plummer: I didn't direct him. I'm telling him to look.
Commissioner Sanchez: Yeah, you did.
Chairman Plummer: I'll beat him later. Who the hell brought you here?
Commissioner Teele: You see -- see what happens when you start teaching this guy.
Chairman Plummer: Who brought you here?
Commissioner Sanchez: See how much you learn quick here, huh.
Chairman Plummer: Would you go back to the roads, highway patrol or somewhere? All in favor of the
thirteen thousand dollars ($13,000) more to Motorola, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1195
A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE
VOTE OF THE MEMBERS OF THE CITY COMMISSION,
RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDDING
PROCEDURES, AND APPROVING THE EMERGENCY
PROCUREMENT OF TECHNICAL COMMUNICATIONS SERVICES
FROM MOTOROLA, INC., FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION, IN THE AMOUNT OF $13,000.00;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO.
506000.420601.6.670.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: *Vice Chairman Wifredo Gort.
[*In agreement, though absent]
112 December 8, 1998
38. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 28 (ACCEPTING THE BID OF
INTEGRATED CLEANING SYSTEMS FOR THE LEASE OF AN AUTOMATED CAR WASH
SYSTEM, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION)
Chairman Plummer: Oh, here we go with the famous car wash. Sir? I'm sorry.
Mr. Tom Gabriel (President, International Association of Firefighters): I just -- Tom Gabriel, Local 587. I
felt this was a good opportunity to let you know that our radios are having the same problem. You may not
listen to that as often, but our guys in white and ladies in white are having the same problems, and -- that I
think that that should also be looked at, that the radio systems need to be replaced.
Chairman Plummer: Hey, yours is just as dependable -- your life line -- any other department that we have
here that are providing life giving services -- Mr. Manager, I beg of you to look into it. OK. The next item
is the item regarding the thirty-eight sent ($0.38) car wash. Hello.
Commissioner Sanchez: I have a problem with it.
Chairman Plummer: I got a problem with it.
Commissioner Regalado: OK, let's vote on it. Let's vote on it.
Chairman Plummer: Well, make a motion to deny.
Commissioner Regalado: A motion to de...
Commissioner Sanchez: Second.
Commissioner Regalado: Motion to deny.
Chairman Plummer: OK. Motion to deny. All in favor, say "aye."
Commissioner Teele: Hold it, hold it.
Chairman Plummer: Mr. Teele.
Commissioner Teele: The funds of this are what funds again?
Chairman Plummer: Capital improvement.
Mr. Juan Pascual (Director, General Services Administration): These are general fund contributions, CIP
(Capital Improvement Project) funds.
Commissioner Teele: And would you consider placing the -- who's the maker of the motion?
Chairman Plummer: I think I did. I wasn't going to but I did.
Commissioner Sanchez: I second it.
Commissioner Teele: Would you consider placing the funds and further transferring the funds to that
113 December 8, 1998
holding tank that Tomas Regalado created on the budget ordinance? What do you call that? What's the
name of that fund, Mr. Attorney?
Commissioner Regalado: Special Account.
Mr. Alejandro Vilarello (City Attorney): Pardon me?
Commissioner Teele: What's the name of that holding tank fund that Commissioner Regalado created?
Mr. Vilarello: The unanticipated revenues fund.
Commissioner Teele: Would you consider amending this to move it into that account until a more
appropriate use is found? I just would hate fund...
Chairman Plummer: That's fine.
Commissioner Teele: This has a way of getting away from you, you know.
Chairman Plummer: I have no problem with that. OK. Tony.
Mr. Tony Rodriguez: You know, 1 met with Commissioner Sanchez on this and the Manager. Tony
Rodriguez, Miami FOP (Fraternal Order of Police) by the way. And I stayed sitting down there and I didn't
get up and make any noise about this but if we're going to save the money, let's save the money. This was
not funds that was already appropriated. I would ask that that money stay in the general fund and that it
doesn't go anywhere else but in the general fund, if we're going to save that money.
Chairman Plummer: It's going to be reserved.
Commissioner Teele: It's going to a reserve. Can't be used by anybody.
Chairman Plummer: For anything.
Commissioner Teele: For anything.
Commissioner Regalado: Only for this Commission. Only by this Commission.
Commissioner Sanchez: Goes back into the general fund.
Mr. Rodriguez: No, that's not what I heard. Where does it go?
Commissioner Teele: It goes -- Mr. Attorney, tell him where it goes.
Mr. Vilarello: If these funds -- if they're appropriated, they would not be eligible for placement in the
unanticipated revenue funds. That was one of the conditions of it. It's non -budgeted, unappropriated funds
so, it depends on where the revenue's coming from.
Commissioner Teele: All right. Let's make it real simple. That the funds shall remain in the same account
and that they not be programmed or budgeted without a specific resolution coming back before this
Commission asking for the authority to budget those funds.
114 December 8, 1998
Chairman Plummer: That's fine. Mr. Gort.
Vice Chairman Gort: Mr. Chairman, when they came to me, logistically, I think one car wash to wash, what
is it, fifteen hundred cars or something like that, it will be a lot of waste of time. I have a question from the
Manager. Instead of having one car wash, there's a lot of car washes within the City of Miami, that we can
talk to them. What I'm thinking, they'll be glad to have police cars stop by and have their cars washed at a
lower price. And I think we can make some kind of arrangement where that can be done. So, my request of
the administration was, go back, look at it, and try to come up with a solution where we can have the cars
washed and bring the benefits to the businesses within the City of Miami.
Mr. Donald Warshaw (City Manager): And we will do that, Commissioner.
Chairman Plummer: OK. You know, It's just the idea that we've got people looking for work and I just
think that there's some way we should be able to work that out.
Commissioner Teele: Well, I've got to tell you something, and I don't mean to pour cold water on Joe
Sanchez' parade here. But the last time I was reading, we better be thinking in the back of our mind about
where we're going cough up twelve million dollars ($12,000,000) from.
Chairman Plummer: I heard you. I don't mind pouring cold water on his parade, not at all.
Commissioner Teele: I'm talking about his MESA parade.
Chairman Plummer: All right. So, item on the car wash is deferred.
Commissioner Regalado: He's not the Chairman.
Chairman Plummer: All right. Mr. Manager, your company that puts out the tires for the Police
Department.
Commissioner Regalado: He didn't vote for it.
Chairman Plummer: Are you aware, last weekend they had no spares whatsoever? Check into it
39. ALLOCATE AN AMOUNT NOT TO EXCEED $18,000 FROM FY `98-99 BUDGETED FUNDS
OF THE CIVIL SERVICE OFFICE, ACCOUNT NO. 240101-250 - FOR PAYMENT OF
COMPENSATION TO SPECIAL COUNSEL TO CIVIL SERVICE BOARD.
Chairman Plummer: Item 29.
Vice Chairman Gort: Excuse me. Show me positive vote on 26, 27, 28.
Chairman Plummer: I'm sorry?
Vice Chairman Gort: No, go ahead.
Chairman Plummer: Item 29, special counsel for the Civil Service Board in the amount of eighteen
thousand.
115 December 8, 1998
Vice Chairman Gort: We need to have it. Move it.
Chairman Plummer: Moved by Gort.
Commissioner Sanchez: Second.
Chairman Plummer: Seconded by Sanchez. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show unanimous.
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 98-1196
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$18,000 FROM FY `98-99 BUDGETED FUNDS OF THE CIVIL
SERVICE OFFICE, ACCOUNT NO. 240101-250, FOR PAYMENT OF
COMPENSATION TO SPECIAL COUNSEL, INCLUDING ANY
REQUIRED RELATED LITIGATION SERVICES, FOR THE CIVIL
SERVICE BOARD.
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
40. ALLOCATE AN AMOUNT NOT TO EXCEED $18,000 FROM FY `98-99 BUDGETED FUNDS
OF THE OFFICE OF HEARING BOARDS, ACCOUNT CODE NO. 820101-250 - FOR PAYMENT OF
COMPENSATION TO SPECIAL COUNSEL FOR CODE ENFORCEMENT BOARD.
Chairman Plummer: Item 30.
Commissioner Sanchez: Moved.
Chairman Plummer: Special for the Code Enforcement. Moved by Sanchez. Seconded by Gort. All in
favor, say "aye."
116 December 8, 1998
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1197
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $18,000 FROM FY `98-
99 BUDGETED FUNDS OF THE OFFICE OF HEARING BOARDS, ACCOUNT CODE NO.
820101-250, FOR PAYMENT OF COMPENSATION TO SPECIAL COUNSEL, INCLUDING
ANY REQUIRED RELATED LITIGATION SERVICES, FOR THE CODE ENFORCEMENT
BOARD.
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
41. ALLOCATE AN AMOUNT NOT TO EXCEED $18,000 FROM SPECIAL PROGRAMS AND
ACCOUNTS, ACCOUNT NO. 820101.25 - FOR PAYMENT OF COMPENSATION TO SPECIAL
COUNSEL, FOR NUISANCE ABATEMENT BOARD.
Chairman Plummer: Special counsel for the Nuisance Abatement Board. Moved by Sanchez. Seconded by
Gort. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1198
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$18,000 FROM SPECIAL PROGRAMS AND ACCOUNTS,
ACCOUNT NO. 820101.250, FOR PAYMENT OF COMPENSATION
TO SPECIAL COUNSEL, INCLUDING ANY REQUIRED RELATED
LITIGATION SERVICES, FOR THE NUISANCE ABATEMENT
BOARD.
117 December 8, 1998
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Item 32, the Mayor has asked to hold until he has arrived. Thank God. I don't
want to address the issue.
Note for the Record: Item 32 was tabled until later in the meeting.
42. (A) SETTLEMENT: NEY KEARSON, JR., $87,000.
(B) PAYMENT OF LEGAL FEES: WEISS SEROTA HELFMAN PASTORIZA & GUEDES FOR
NEY KEARSON LAWSUITS, $50,000.
Chairman Plummer: Item 33, legal services for Ivy Kearson, not to exceed fifty thousand dollars ($50,000).
Mr. City Attorney.
Mr. Alejandro Vilarello (City Attorney): Yes. Commissioners, the last time I brought this item before you,
the Commission directed me to go back and see if there was a possible solution or resolution of this
litigation. Given that we were obligated to retain outside counsel to represent the City and the continuing
costs of that, even though counsel has been providing -- outside counsel has been providing a very
reasonable fee for their services, we have, at a mediation, reached an agreement with Mr. Kearson and his
attorneys, and I distributed earlier a proposed resolution of the litigation, which is before you, which
includes a sum of approximately eighty-seven thousand dollars ($87,000) that we would pay in attorney's
fees to Mr. Kearson's lawyers. There would be a reinstatement of Mr. Kearson with an immediate
resignation and retirement from employment. Mr. Kearson would be obligated to pay the amount necessary
to fund the pension system over those same three years. The City would also honor the accrued vacation
and sick leave hours, which Mr. Kearson accrued over that period of time. And the Union is also resolving
this litigation by reimbursement to Mr. Kearson of those dues paid by Mr. Kearson during the time that he
was a member of the Union and a lump sum payment to Mr. Kearson of five thousand dollars ($5,000).
This is, as I discussed with you -- each of you, this is a settlement, which I recommend on some substantive
issues, but as well as the business decision, with regard to the amount of fees that we would incur over the
extended period of litigation that this case would require.
Chairman Plummer: Members of the Commission.
Commissioner Sanchez: Mr. Vice Chair?
118 December 8, 1998
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: I strongly believe this is one of those cases where we pay now or pay later, so I'll
make the move for the attorney.
Chairman Plummer: Move Item 33. Seconded by...
Mr. Vilarello: It would be 33A. We also need to consider the item that is Item 33.
Chairman Plummer: Thirty-three and 33A. Is there a second?
Vice Chairman Gort: I guess we have to, so I'll second. Discussion.
Chairman Plummer: Seconded by Mr. Gort. All in favor, say "aye."
Vice Chairman Gort: Before we go on, discussion.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: My understanding is, one of the reasons it's in front of us, and correct me if I'm
wrong, because the board made a decision, which decision was then later on not upheld by the City
Manager at that time.
Mr. Vilarello: Yes, sir. This item actually has been before the Civil Service Board twice. The first time
and the second time the Civil Service Board found culpability; however, their recommendation of discipline
to the City Manager was a 40-hour suspension. The first time the former City Manager, Ceasar Odio, in
spite of the recommended 40 hour suspension, proceeded with a termination. The item is currently before
Manager Warshaw, who has not yet made a decision as to how he would act on this issue.
Vice Chairman Gort: But my understanding, one of the reasons it came back to us is because the court
ordered this to come back to us. Am I correct?
Mr. Vilarello: Well, this is a solution to the litigation.
Vice Chairman Gort: OK.
Mr. Vilarello: The Civil Service Board did -- it was -- there was an appeal of their ruling initially. It was
remanded to the Civil Service Board, who made similar findings in the second hearing.
Chairman Plummer: Item 34, six thousand three hundred and sixty-five...
Mr. Vilarello: No.
Vice Chairman Gort: We haven't voted on it yet.
Mr. Vilarello: We haven't...
Chairman Plummer: Excuse me? We voted on 33 and 33A.
Vice Chairman Gort: No, we haven't.
119 December 8, 1998
Mr. Vilarello: No.
Commissioner Regalado: No, we did not.
Chairman Plummer: We did not?
Commissioner Regalado: How much...
Mr. Vilarello: It's two separate items. Two separate resolutions.
Commissioner Regalado: How much money is the second item, 33A?
Mr. Vilarello: With regard to the...
Commissioner Regalado: Payment?
Mr. Vilarello: To the settlement of the matter?
Commissioner Regalado: The settlement, yes.
Mr. Vilarello: It's eighty-seven thousand dollars ($87,000) in attorney's fees that are payable. It's a civil
rights violation and if they're a prevailing party, they'd be entitled to attorney's fees. And the back pay
award is approximately two hundred and ten thousand dollars ($210,000), plus emoluments.
Commissioner Regalado: So, what are we approving here? We are approving only the...
Chairman Plummer: One for eighty-seven thousand and one for five thousand.
Mr. Vilarello: The Commission need only approve the attorney's fee award of eighty-seven thousand
dollars ($87,000). The back pay and emoluments are within the discretion of the City Manager. And, of
course, this pension...
Commissioner Regalado: Its more than five thousand dollars ($5,000) though..
Chairman Plummer: Five thousand.
Commissioner Regalado: It's two hundred and ten thousand dollars ($210,000).
Mr. Vilarello: That's correct. The back pay in emoluments is two hundred and ten thousand dollars
($210,000), plus accrued vacation and sick time, which is approximately twenty-six thousand dollars
($26,000). That is the amount of funds that are within the discretion of the City Manager because it's a back
pay award. This City Commission needs to approve the eighty-seven thousand dollars ($87,000) in
attorney's fees.
Vice Chairman Gort: But let me ask you a question. We're talking about 33.
Mr. Vilarello: That is the add -on item that I've added to it. The other issue is the payment of all counsel
fees in this case.
120 December 8, 1998
Commissioner Regalado: Yeah, but -- Mr. Vice Chairman, if we vote on 33 and 33A, that doesn't mean that
we are directing, in any way, the City Manager to pay that amount of money or we are, legally?
Mr. Vilarello: The settlement is conditioned on the Manager doing what this resolution calls for...
Commissioner Regalado: Then, we're approving -- it's about...
Mr. Vilarello: which is reinstatement, resignation, and retirement.
Commissioner Regalado: What we're approving is about three hundred thousand dollars ($300,000) or
more.
Mr. Vilarello: Yes, sir.
Commissioner Regalado: Not eighty-six.
Commissioner Gort: Excuse me. My understanding, what I have in front of me -- then I don't enough
sufficient documents. What I have in front of me is funds for services in an amount not to exceed fifty
thousand dollars ($50,000) would be allocated as self-insurance and this is to pay Weiss Serota Helfman.
Mr. Vilarello: Yes, correct, Commissioner. When the Chairman called the item, I substituted an item,
which I distributed to the City Commission earlier, which was what I discussed in the description of the
resolution of the litigation, which I sought at the direction of the City Commission.
Vice Chairman Gort: OK
Mr. Vilarello: And I had recommended to the City Commission a supplement.
Commissioner Sanchez: Willie, are you Vice Chair?
Vice Chairman Gort: Yes, sir. OK.
Commissioner Sanchez: Are you chairing?
Vice Chairman Gort: OK, Sanchez.
Commissioner Sanchez: I would ask my colleagues to really study this case. It's another one of those cases
where, you know, pay me now or pay me later, like other ones that have come up here and we could settle
for two hundred thousand and if we take it to court, we might end up paying six hundred thousand. Just
study the case and take the legal recommendation. I believe the total settlement is two hundred and ten
thousand dollars ($210,000) on this matter?
Mr. Vilarello: Plus the eighty-seven thousand dollars ($87,000) in attorney's fees.
Commissioner Sanchez: I made a motion. Was there a second?
Vice Chairman Gort: Anyone else?
Commissioner Teele: What is the City Attorney's recommendation?
121 December 8, 1998
Commissioner Sanchez: To settle.
Mr. Vilarello: Commissioner, I have stated I have stated that I am recommending this settlement.
Commissioner Teele: Would Mr. Kearson be -- would the gentleman be barred from employment?
Mr. Vilarello: Yes, sir.
Commissioner Teele: But...
Commissioner Sanchez: He would retire.
Commissioner Teele: In other words, he would retire?
Mr. Vilarello: Yes, sir.
Commissioner Teele: And you recommend settling?
Mr. Vilarello: Yes, sir.
Commissioner Teele: Is there a motion on the floor?
Vice Chairman Gort: Yes, there is. A motion and second. We're under discussion. For approval.
Commissioner Teele: Second the motion.
Vice Chairman Gort: Yes, Mr. Goenaga.
Mr. Manuel Gonzalez-Goenaga: Yes. I am in favor of the settlement. You Commissioners are new here
but this is a very old case from Caesar's time, and the abuse. The one who really knew about it is Mr.
Plummer and he should know better. We are having too many cases of the back history, like the Badia and
many other ones. Because they didn't want to settle. Because they believe in the truth of the matter of Mr.
Odio. We're paying those things. So, it's about time, my friends, that we put these things back because it
will be more costly to litigate, especially if you are in Federal court. Thank you.
Chairman Plummer: Who allowed him to speak?
Commissioner Teele: Mr. Chairman, call the question.
Chairman Plummer: Call the question.
Commissioner Teele: I'm calling the question under the assumption that this agreement, like all the other
agreements, will go before the Oversight Board for an independent review?
Mr. Vilarello: Yes, sir. Has to.
Chairman Plummer: I'm almost certain it has to. Any contract. OK. Call the item on Item 30...
Mr. Vilarello: The add -on Item 33. I've added an item.
122 December 8, 1998
Chairman Plummer: All in favor, say "aye." Opposition? Show it unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1199
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY IVEY KEARSON, JR., WITHOUT ADMISSION OF LIABILITY,
THE SUM OF $87,000.00, SUBJECT TO CERTAIN CONDITIONS AS
SPECIFIED HEREIN, IN FULL AND COMPLETE SETTLEMENT OF
ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI AND ALL PARTIES, FOR THE CASE IVEY KEARSON, JR.
VS. THE CITY OF MIAMI, ET AL., IN THE UNITED STATES
DISTRICT COURT, SOUTHERN DISTRICT, COURT CASE NO. 97-
1525-CIV-KEHOE, UPON THE EXECUTION OF A GENERAL
RELEASE RELEASING THE CITY OF MIAMI FROM ANY AND
ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS
THEREFOR FROM THE INSURANCE AND SELF-INSURANCE
TRUST FUND, INDEX CODE NO. 515001.624401.6.661.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the following
vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: Now, the fifty thousand dollars ($50,000), we're not going to have to...
Mr. Vilarello: The item, which was originally Item 33, is the payment of our outside counsel fees, which
are necessary to conclude this litigation, assuming a settlement's complete. These are funds that I do need to
pay the firm for fees and services that they've already provided and enough to get us through the conclusion
of the litigation.
Commissioner Teele: What is the total amount of money paid to the firm on our side?
Mr. Vilarello: As of this date, we have expended or incurred a hundred and sixty-five thousand dollars
($165,000) total in fees to outside counsel.
Commissioner Teele: Let me tell you. I want to separate these issues
Mr. Vilarello: They are.
123 December 8, 1998
Commissioner Teele: Because, you know, there's three things that are striking me. Number one, Mr.
Goenaga, I appreciate your comments, in that most of us weren't here when this happened. But what is
really disturbing to me, Mr. Chairman, is that since I've been here, these big ticket items have related to one
gender and one race and that's one factor that just needs to be put on the record.
Chainnan Plummer: All right, it's on the record, sir.
Commissioner Teele: Hold it, hold it. And the second issue is, the legal fees that the City of Miami has
paid for our lawyers are double what the other person -- the defendant is paying -- is being paid. In other
words, if you look at the -- what was the police officer, the police chief?
Mr. Donald Warshaw (City Manager): Perry Anderson.
Mr. Vilarello: Perry Anderson.
Commissioner Teele: You look at the Perry Anderson -- and I think I would like to see this in a summary
document, Mr. Attorney. You look at the Perry Anderson, look at what we agreed to settled for, how much
we paid our lawyers, how much he pay his lawyers -- and the press pointed out that this was like two times
what he was paying. And, then, hear again now, we're paying the defendant's attorney eighty thousand
dollars ($80,000), right?
Chairman Plummer: Eighty-seven.
Commissioner Teele: And we're paying our attorney, how much total?
Mr. Vilarello: About hundred sixty-five thousand ($165,000) dollars.
Chairman Plummer: Why?
Mr. Vilarello: Well, there's a significant difference between why.
Chairman Plummer: And that is?
Mr. Vilarello: Defense counsel, generally, is on an hourly rate. That's not just for the City of Miami. It's
for any defense counsel. Plaintiffs counsels generally work on a contingency and it's based on that. There
is an added risk. Counsel for the plaintiff in this matter, his initial demand for attorney's fees were in excess
of five hundred thousand ($500,000) dollars. With three attorneys charging in excess of three hundred
hours, times hourly rates of over three hundred ($300) dollars an hour. I brought a recommended settlement
to you where they've agreed to accept eighty-seven thousand ($87,000) dollars.
Commissioner Teele: I would like that to be documented because I will tell you this, Mr. Attorney, with all
due respect, I have a few clients. I have never seen a situation in a litigation, in an honest litigation between
two parties, where both are being paid on an hourly wage -- now, if you're right that there is a contingency
basis here -- but I have not ever heard that in this particular case because employment cases before the City
of Miami have generally wound up being settled, I understand, in talking to a lot of the lawyers around this
town. And the only thing that I'm asking you to do is not be defensive about this but just check the hourly
rates to make sure that their hourly rates and our hourly rates are relatively the same and that we're not being
billed for time. That's all that I'm saying. And I don't want to get into that.
124 December 8, 1998
Mr. Vilarello: No, I can answer that question for you now. The hourly rates that were proposed with regard
to the settlement in this case, for plaintiffs counsel, were rates of approximately three hundred dollars
($300) an hour. The hourly rates that counsel for the City provided, which was an hourly rate that was
negotiated by my predecessor, which was a fine hourly rate that was negotiated by my predecessor, was a
hundred and fifty dollars ($150) an hour for this kind of case, a civil rights claim, Title VII claim. It was a
good rate of defense.
Commissioner Teele: Mr. Chairman.
Chairman Plummer: Mr. Teele.
Commissioner Teele: I am very uncomfortable with the pattern that we're establishing here, particularly
when you understand that Mr. Cox has a lawsuit that is separate from this, and I'm being told by Mr. Cox
that they have a settlement and they're all right with this moving forward.
Mr. Vilarello: They're part of the settlement and they've contributed to the settlement.
Commissioner Teele: Which means, the lawyer for this plaintiff here or the lawyer for this gentleman has
not only had to pay legal fees as relates to us, but legal fees as relates to him. So, I just don't understand
why the City continues to pay twice...
Chairman Plummer: Everybody else has. Mr. City Attorney, Item 33 is as it is on the agenda?
Mr. Vilarello: Yes, sir.
Chairman Plummer: All right. All In favor of 33, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show no opposition. Thirty-three A is...
Mr. Alejandro Vilarello (City Attorney): Was the settlement which was approved by the City Commission
while you were out of the room.
Chairman Plummer: OK. And 33A has been voted on.
Vice Chairman Gort: No. It's been needs moved and seconded.
Chairman Plummer: All right. Moved and seconded on 33A. Moved by Gort. Seconded by Sanchez. All
in favor, say "aye."
The Commission (Collectively): Aye.
Vice Chairman Plummer: Opposition? Show unanimous.
125 December 8, 1998
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1200
A RESOLUTION AUTHORIZING THE PAYMENT OF FEES FOR
LEGAL SERVICES PROVIDED TO THE CITY OF MIAMI BY
WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A.
("WEISS"), AND THE CITY ATTORNEY'S CONTINUED
ENGAGEMENT OF SAID FIRM, IN CONNECTION WITH TWO
LAWSUITS, IVEY KEARSON, JR. VS. THE CITY OF MIAMI AND
THE CIVIL SERVICE BOARD, IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT, CASE NOS. 96-238 AP AND 96-
242 AP, WITH FEES FOR SAID SERVICES 1N AN AMONT NOT TO
EXCEED $50,000; ALLOCATING FUNDS THEREFOR FROM THE
SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT
CODE NO. 515001.624401.6.661.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
[COMMENTS MADE AFTER ROLL CALL]
Commissioner Teele: Mr. Attorney?
Chairman Plummer: Mr. Teele.
Commissioner Teele: And one final comment. I just noted who the lawyer is and, for the record, I think
this is one of the finest law firms in the City. And my comments are not directed at the law firm, but simply
the fact that I think we've got to be a lot more diligent in trying to negotiate our rate structure in advance so
that we hold those rates down and it doesn't appear that we're getting gorged and maybe the plaintiff is
willing -- is a motivated settler right now.
Vice Chairman Plummer: And get cheaper lawyers.
126 December 8, 1998
43. APPROVE INCREASE IN CONTRACT WITH MINOLTA BUSINESS SYSTEMS, IN THE
AMOUNT OF $6,365.28 - FOR LEASE OF TWO MICROFILM READER/PRINTERS -FOR THE
DEPARTMENT OF POLICE - FOR TOTAL COST NOT TO EXCEED $21,257.84 - ALLOCATE
FUNDS THEREFOR FROM ACCOUNT CODE NO. 00 1000.290201.6.6 10.
Chairman Plummer: Item 34. An increase to microfilm reader/printers for six thousand for the Department
of Police.
Commissioner Teele: So moved.
Chairman Plummer: Moved by Teele.
Commissioner Sanchez: Second.
Chairman Plummer: Seconded by Sanchez. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-1201
A RESOLUTION APPROVING AN INCREASE IN THE
CONTRACT WITH MINOLTA BUSINESS SYSTEMS IN THE
AMOUNT OF $6,365.28, FOR THE LEASE OF TWO
MICROFILM READER/PRINTERS, FOR A THIRTY-SIX (36)
MONTH PERIOD, WITH THE OPTION TO PURCHASE AT
THE END OF THE LEASE PERIOD FOR $1.00, FOR THE
DEPARTMENT OF POLICE, FOR A TOTAL COST NOT TO
EXCEED $21,257.84; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NO. 001000.290201.6.610.
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
127 December 8, 1998
44. RATIFY / APPROVE / CONFIRM / CITY MANAGER'S FINDING OF EMERGENCY -
APPROVE EMREGENCY PURCHASE OF MOTOROLA XTS 3000 DIGITAL PORTABLE RADIOS'
FROM MOTOROLA, INC - FOR POLICE - ALLOCATE $195,439.50 FROM LAW ENFORCEMENT
BLOCK GRANT I / LAW ENFORCEMENT BLOCK GRANT 11 / CAPITAL IMPROVEMENT
PROGRAM PROJECT 312028.
Chairman Plummer: Buying 51 more of those...
Commissioner Teele: So moved.
Chairman Plummer: ...radios for Motorola for a hundred and ninety-five thousand dollars ($195,000).
Commissioner Teele: So moved.
Mr. Warshaw: Commissioner?
Chairman Plummer: Sir.
Mr. Warshaw: This item has been previously approved by the Commission but because there was a mistake
in one or two of the codes, it had to be brought back this way and...
Commissioner Teele: So moved.
Mr. Warshaw: Major Longueira will explain for the record...
Chairman Plummer: I don't need it. Thank you. Mr. Teele moves.
Commissioner Sanchez: Second.
Chairman Plummer: Seconded by Sanchez. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show none.
128 December 8, 1998
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-1202
A RESOLUTION BY A FOUR/FIFTHS AFFIRMATIVE VOTE
OF THE MEMBERS OF THE CITY COMMISSION,
RATIFYING, APPROVING, AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND
APPROVING THE EMERGENCY PURCHASE OF FIFTY-ONE
(51) MOTOROLA XTS 3000 DIGITAL PORTABLE RADIOS
FROM MOTOROLA, INC., IN AN AMOUNT NOT TO EXCEED
$195,439.50, FOR THE DEPARTMENT OF POLICE; ALLOCATING
FUNDS THEREFOR FROM THE LAW ENFORCEMENT BLOCK
GRANT I, ACCOUNT CODE NO. 001000.290306.6.840 ($54,683.76),
LAW ENFORCEMENT BLOCK GRANT II ACCOUNT CODE NO.
001000.290307.6.840 ($28,071.42), AND CAPITAL IMPROVEMENT
PROGRAM, PROJECT NO. 312028 ($112,684.32); FURTHER,
RATIFYING, APPROVING, AND CONFIRMING THE CITY
MANAGER'S ISSUANCE OF AN EMERGENCY PURCHASE
ORDER FOR THE RADIOS; FURTHER RESCINDING
RESOLUTION NO. 98-98.1, ADOPTED SEPTEMBER 28, 1998, IN
ITS ENTIRETY
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
129 December 8, 1998
45. AUTHORIZE EXECUTION OF CONTRACT WITH MIAMI-DADE COMMUNITY COLLEGE,
SCHOOL OF JUSTICE AND SAFETY ADMINISTRATION - FOR AN INITIAL PERIOD FROM
FEBRUARY 1998 TO SEPTEMBER 30, 1998 - FOR THE SUM OF $130,000 AND THEREAFTER
ONE YEAR PERIODS FOR FIVE YEARS, RENEWABLE ANNUALLY, IN AN AMOUNT NOT TO
EXCEED $293,420 - FOR TRAINING OF POLICE RECRUITS AND PUBLIC SERVICE AIDES -
ALLOCATE FUNDS THEREFOR FROM THE POLICE DEPARTMENT GENERAL OPERATING'
BUDGET, ACCOUNT NO. 001000.290201.6.270 (FY 97-98, $130,000, AND FY 98-99, $293,420.
Chairman Plummer: Item 36, Miami -Dade...
Commissioner Teele: So moved.
Chairman Plummer: ...Community College in amount for training of the police, two hundred and
ninety-three thousand dollars ($293,000).
Commissioner Sanchez: Second.
Chairman Plummer: Moved by Sanchez. Seconded by Teele. All in favor say, "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show none.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-1203
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE
COMMUNITY COLLEGE, SCHOOL OF JUSTICE AND SAFETY
ADMINISTRATION, FOR AN INITIAL PERIOD FROM
FEBRUARY 1998 TO SEPTEMBER 30, 1998 FOR THE SUM OF
$130,000 AND THEREAFTER ONE YEAR PERIODS FOR FIVE
YEARS, RENEWABLE ANNUALLY, IN AN AMOUNT NOT TO
EXCEED $293,420, FOR THE TRAINING OF POLICE RECRUITS
AND PUBLIC SERVICE AIDES; ALLOCATING FUNDS THEREFOR
FROM THE POLICE DEPARTMENT GENERAL OPERATING
BUDGET, ACCOUNT NO. 001000.290201.6.270 (FY 97-98, $130,000,
AND FY 98-99, $293,420); AUTHORIZING THE CITY MANAGER
TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER AND THEREAFTER TO ALLOW SAID
USAGE ON AN ANNUAL BASIS, SUBJECT TO THE
AVAILABILITY OF FUNDS.
130 December 8, 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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
46. AUTHORIZE INCREASE, IN ANNUAL AMOUNT NOT TO EXCEED $150,000 ANNUALLY, IN
THE CONTRACT WITH APRICOT OFFICE SUPPLIES, APPROVED PURSUANT TO
RESOLUTION NO. 98-92 - FOR PROCUREMENT OF OFFICE SUPPLIES FOR VARIOUS CITY
DEPARTMENTS - ALLOCATE FUNDS THEREFOR FROM THE FY `98-99 OPERATING
BUDGETS OF VARIOUS USER DEPARTMENTS. - DIRECT CITY MANAGER TO PROVIDE
REPORT CONCERNING PERCENTAGE OF BIDS AND CONTRACTS AWARDED TO AFRICAN-
AMERICANS.
Chairman Plummer: Item 37, a hundred and fifty thousand dollars ($150,000), Apricot Office Supplies.
Are they a local vendor?
Ms. Wiley: They're right here.
Chairman Plummer: Where's your office?
Unidentified Speaker: North Miami.
Chairman Plummer: North Miami is now local. Locally to where?
Unidentified Speaker: I said, here they are.
Chairman Plummer: We don't have any stationery stores in the City of Miami for a hundred and fifty
thousand dollars ($150,000).
Ms. Judy Carter (Director, Purchasing): Sir, this is a contract that is in place now. We are coming here
asking for an increase in the contract in large part because we now have a fully operational office of work
force development, who now has over three thousand clients that they're serving. We did not contemplate
that historical experience and, therefore, we need to add more to that contract to meet their needs.
Chairman Plummer: Yep, give it away. Do they pay your salary? No. They open up an office in the City
of Miami? God bless them. OK. Hey.
Commissioner Teele: Mr. Chairman?
131 December 8, 1998
Chairman Plummer: Mr. Teele.
Commissioner Teele: We do very little business with African Americans. I would move the item.
Chairman Plummer: All right, sir.
Commissioner Teele: And I would ask the Manager for a report for the percentage of the contract activities
that go out to African Americans. I think all this needs to be viewed in a much broader context.
Chairman Plummer: And I have no objection to that, as long as the African Americans and any others are
City vendors, first and foremost.
Commissioner Teele: Same rule apply to native Americans?
Chairman Plummer: Yes, sir. You're looking at one. Damn few of us left but you're looking at one. All
right. Item 37, all in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposed? Show it unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-1204
A RESOLUTION AUTHORIZING AN INCREASE, IN AN
ANNUAL AMOUNT NOT TO EXCEED $150,000 ANNUALLY, IN
THE CONTRACT WITH APRICOT OFFICE SUPPLIES,
APPROVED PURSUANT TO RESOLUTION NO. 98-92, FOR THE
PROCUREMENT OF OFFICE SUPPLIES FOR VARIOUS CITY
DEPARTMENTS; ALLOCATING FUNDS THEREFOR FROM THE
FY `98-99 OPERATING BUDGETS OF THE VARIOUS USER
DEPARTMENTS.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
132 December 8, 1998
Mr. Walter Foeman: I need a seconder, Commissioner.
Mr. Donald Warshaw (City Manager): Excuse me. We want to pull 37A. There's an additional problem
that just came up.
Chairman Plummer: Thirty-seven A is pulled and deferred until the next meeting.
47. (A) DETERMINE THAT UNIFIED DEVELOPMENT PROJECT IS THE MOST
ADVANTAGEOUS METHOD TO DEVELOP NORTHWEST QUADRANT OF WATSON ISLAND,
INCLUDING THE WATSON ISLAND MARINA, LOCATED AT 1040 MCARTHUR CAUSEWAY,
WATSON ISLAND - AUTHORIZE CITY MANAGER TO PREPARE DRAFT REQUEST FOR
PROPOSALS ("RFP") FOR SAID UDP, -- CONFIRM PUBLIC HEARING WILL BE HELD TO TAKE
TESTIMONY REGARDING SAID UDP.
(B) DEFER CONSIDERATION OF AGENDA ITEM 39 (PROPOSED DEVELOPMENT OF
IMPROVEMENTS ON BICENTENNIAL PARK) - FOR FURTHER CONSIDERATION - DIRECT
CITY ATTORNEY TO DRAFT ORIDNANCE FOR FEBRUARY MEETING REQUIRING PUBLIC
HEARINGS FOR UNIFIED DEVELOPMENT PROJECTS NOTICES.
Chairman Plummer: Item 38. Item 38, the method to the...
Mr. Walter Foeman (City Clerk): Excuse me. Commissioner Plummer, on Item 37 we didn't have a
seconder and I need a second.
Chairman Plummer: Seconded by Gort. Seconded by the Chair. Thirty-eight and 39, as I recall, are to turn
it over to staff to study, to come back to this Commission and make recommendations, is that correct?
Mr. Erdal Donmez (Director, Real Estate and Economic Development): Partially, sir. We're requesting the
Commission to approve these projects as unified development projects, authorizing the City Manager to
prepare a request for proposals document.
Chairman Plummer: Well -- OK. I mean, we can approve them unified developments. We can change that
later if we don't like it?
Mr. Donmez: Yes, sir.
Chairman Plummer: So, I mean, really, what we're asking you to do, go out, study, come back.
Mr. Donmez: And we're going to meet with each Commissioner's, you know, office.
Chairman Plummer: OK. Mr. McDonald, for the record, please state your name and mailing address. You
have two minutes. I hope you can comply.
Vice Chairman Gort: (Inaudible).
Chairman Plummer: This is on 38 and 39. You can speak to the either one.
Mr. James McDonald: I'm speaking to 39. My name is James McDonald. I'm and attorney with
McDurmick, Will, and Emery in Miami, practice in downtown Miami. And I'm also chairing an
133 December 8, 1998
organization called Ocean Race Miami. We're interested in just making a comment on Resolution 39 and
request that, in the language in the RFP -- there would be some language in the RFP (Request for Approval)
that would accommodate what our organization is trying to do and, that is, we're trying to bring what was
known as the Whit Red Round The World Sailboat Race to Miami as a port in 2002. It's now known as the
Volvo Ocean Race. And we have focused -- we've got the Miami Heat very much interested in this. We're
looking at the FEC (Florida East Coast) slip as our primary focal point. And all we're asking for you to do
in this RFP -- and I see language in here. Talks about a marine facility and marine use -- that you are
mindful of that, that we have a unique facility right now in downtown Miami in the FEC slip and it's one of
the areas that we're looking at. We think it's the ideal place for this particular race. All I'm saying is, in the
RFP that you put out, that there be some language in there that would take into account that we're trying to
accomplish this event in 2002. Mr. Chairman, we'll also be coming back to this Body in two weeks to ask
for a resolution to support what we're doing but that's not on the agenda today.
Chairman Plummer: Mr. McDonald, you're always welcomed, sir. You have served this City well in the
Bayfront Park Trust and you're always -- your heart's in the right place.
Mr. McDonald: Thank you, sir.
Chairman Plummer: The gentleman behind you. Sir, your name and mailing address.
Commissioner Regalado: Before he does.
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: What he said can be -- can that be part of the language of the RFP?
Ms. Dena Bianchino (Assistant City Manager): I had a discussion this morning with Commissioner Gort
about this and I think the way we can accommodate this is, the event can be held at either Watson Island or
Bicentennial Park, and we can put language -- we can encourage Volvo by enabling them to use either site,
depending on which one's available.
Chairman Plummer: Well, you have a problem at Watson Island, I believe, on the depth of the water.
Ms. Bianchino: I've been told by the race organizers -- and this is just what they've told me -- that Watson
Island is sufficient.
Chairman Plummer: OK. Just so it's known. Yes, sir. Your name and mailing address.
Commissioner Regalado: But just so we're clear, that we're turning --we're not turning their back.
Ms. Bianchino: Absolutely not.
Commissioner Regalado: And that, if any development is approved, that that would be part of things to be
considered -- events to be considered.
Ms. Bianchino: Absolutely.
Commissioner Regalado: OK.
Chairman Plummer: Your name and mailing address for the record, sir.
134 December 8, 1998
Mr. Neal McAliley: Thank you, Mr. Commissioner. My name is Neal McAliley. I live at 3880 Irvington
Avenue in Coconut Grove. I want to speak on Item Number 39. I'm actually here for the first time speaking
before the City commission, primarily over the Cloister site later on, but I...
Commissioner Teele: What's your name again, sir?
Mr. McAliley: Neal McAliley. But I do want to make a comment here. We're here to -- I understand, later
on in the agenda, the City is going to determine whether we're going to build a large development between
two existing parks, and I find it ironic that it appears that this request for proposal that would be developed,
calls for, in part, the elimination of one of our parks. Bicentennial Park is the biggest piece of water front, I
think, the City owns. And I think it is in very terrible shape right now. I don't think I could even get in
there. But it strikes me as being s very important park, not the least of which, is the fact that it's the park
that's closest to one of the poorest parts of town, and I think that we should definitely, as a City, be looking
at ways to improve the use of this park, but I think the solution is not essentially to study ways to eliminate
it. And, As I read Item 39, when you're talking about putting convention and conference facilities, hotels,
offices, retail parking, it sounds to me like it's being viewed as a place to put something other than a park.
And I would just want to say is that, I think that it would be better interest of the City that -- if we're doing
planning now, which I think is smart, not to plan to eliminate this park.
Chairman Plummer: Thank you, sir. Mr. Ricter.
Mr. Daniel Ricker: Thank you, Commissioner. It's actually Ricker. 4302 Ingram Highway. I'd like to
concur with the previous speaker's comments -- that was one of the reasons I got up -- is, if they're in the
request for design, we're able to put any significant public park activity with waterfront access and ?
possible to create something, even if you do the development, within that system. And, is there any way,
given what's about to occur later on, that this could be somehow -- the swap that we lost originally with the
Bayfront? Thank you.
Chairman Plummer: We're not making any final decisions here today. We're asking the staff to explore and
come back and make recommendations. You again?
Mr. Manuel Gonzalez-Goenaga: I might bring a nice input.
Chairman Plummer: All right. You got your minute. Go.
Mr. Gonzalez-Goenaga: What about -- I'm hear and every time I see within the City of Miami the issue of
Watson Island, I get very nervous. I have to admit it. This is a long story. The Carollo amendment. And
many things that cause too much trouble here. And I hear about a raise. I wonder if the race is going to go
from here to Havana? Because the way things are going, we might reestablish relations, the United States,
with Cuba. I want and explanation of what's this race, Ocean Race. Where is it going, to Bermuda, San
Juan, Puerto Rico, Havana Cuba or Santiago or Guantanamo Bay?
Chairman Plummer: No. If it goes to Havana Cuba, you'll be on the lead boat. All right. Item 38, all in
favor...
Vice Chairman Gort: Mr. Chairman?
Chairman Plummer: Mr. Gort. All in favor on 38, say "aye."
135 December 8, 1998
The Commission (Collectively): Aye.
Chairman Plummer: Any opposition? None.
Mr. Walter Foeman (City Clerk): Commissioner, excuse me. I need a movant and a seconder on 38.
Chairman Plummer: Moved by Sanchez. Seconded by Plummer. Thirty-nine is moved by Teele.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1205
A RESOLUTION DETERMINING THAT THE MOST
ADVANTAGEOUS METHOD TO DEVELOP CERTAIN
IMPROVEMENTS ON THE NORTHWEST QUADRANT OF
WATSON ISLAND, INCLUDING THE WATSON ISLAND
MARINA, LOCATED AT 1040 MCARTHUR CAUSEWAY,
WATSON ISLAND, MIAMI, FLORIDA, CONSISTING OF 15.58
ACRES OF UPLAND AND 14.08 ACRES OF SUBMERGED
LANDS, FOR THE PLANNING, DESIGN, CONSTRUCTION,
LEASING AND MANAGEMENT OF CITY -OWNED
WATERFRONT PROPERTY LOCATED ON WATSON ISLAND,
MIAMI, FLORIDA, IS AS A UNIFIED DEVELOPMENT PROJECT
("UDP"); AUTHORIZING THE CITY MANAGER TO PREPARE A
DRAFT REQUEST FOR PROPOSALS ("RFP") FOR SAID UDP TO
INCLUDE WITHOUT LIMITATION, RECREATIONAL,
ENTERTAINMENT, EDUCATIONAL AND/OR CULTURAL
FACILITIES, MARINA AND MARINE FACILITIES, CONVENTION
AND/OR CONFERENCE FACILITIES, HOTEL, OFFICE, RETAIL,
PARKING, AND ANCILLARY AND SUPPORT FACILITIES;
CONFIRMING A PUBLIC HEARING WILL BE HELD TO TAKE
TESTIMONY REGARDING SAID UDP.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Chairman Plummer, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: Mr. Chairman?
136 December 8, 1998
Chairman Plummer: Mr. Teele.
Commissioner Teele: This is a big mistake.
Chairman Plummer: All right.
Commissioner Teele: This is the biggest mistake this City can make.
Chairman Plummer: All right, sir. Tell us why.
Commissioner Teele: This is a park. We're talking now about a unified development. We don't need a
unified development. We don't need a development. we have already developed, in the last 20 years, more
park lands than the previous founders of this City did in the last 80 years and the 80 years before that. We
do not need to develop another piece of Bayfront land downtown. We've already done Bayside in the early
80s. We've just put the arena there and we need to leave something for our children and their children and
their children. There should not -- I will go along with the Watson Island, but we need to get off this rush to
develop the rest of Bayside. There will be children and their children and the children that will follow us.
Let's leave something for our children to do. We don't need...
Chairman Plummer: Are you making a motion to deny?
Commissioner Teele: I move that we deny the development of a UDP (Unified Development Plan).
Chairman Plummer: All right. There is a motion to deny Item 39. Is there a second? Is there a second? Is
there a second? The motion dies for the lack of a second. Mr. Teele, I asked the question originally, if we
are not happy with the unified development, we can turn it down.
Commissioner Teele: J.L...,
Chairman Plummer: I think that...
Commissioner Teele: ...that's true but let me tell you, we're beginning now -- and you know what's going to
happen. The lobbyist, the lawyers, the special interest, everybody's going to have and idea, whether it be a
Santa Clause ride or a ski world or a snow world or uniworld or Universal or Disney, and we will be
overrun with ideas. We need to slow this thing down. Now, I don't know -- I mean, you know, the
environmental community, obviously, hasn't weighed in with this Commission. I've not heard from anyone,
other than one gentleman, who's very strong on this. But this will become, I believe, a very clear signal to
the environmental community that we are taking this City in the wrong direction. We are just...
Chairman Plummer: Will you accept a motion of deferral?
Commissioner Teele: I'll move to defer.
Chairman Plummer: I'll second. I think that the reason for the deferral is very simply, that you need to
come around and explain more to the City Commission than what you have so far because, if you don't,
you're going to lose. Motion to defer, all in favor, say "aye." Opposed? Show unanimous.
The Commission (Collectively): Aye.
137 December 8, 1998
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 98-1206
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 39
(PROPOSED DEVELOPMENT OF IMPROVEMENTS ON
BICENTENNIAL PARK) FOR FURTHER INFORMATION.
Upon being seconded by Chairman Plummer, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Solid Waste.
Commissioner Regalado: You know, J.L., what you said, it's important. And this has to do with the agenda.
Every time we that have a meeting, we get calls from department directors the day before, that they need to
see us to explain what is going on. I think that we should be told in advance of the plans of the
administration and not surprised here in the dais with all this information, so I...
Chairman Plummer: I hope they hear you, sir.
Commissioner Regalado: I hope so too.
Commissioner Teele: Mr. Attorney?
Chairman Plummer: Item -- Mr. City Attorney?
Commissioner Teele: Would you prepare an ordinance for my sponsorship, first meeting in February, that
requires all notices of unified plans be subject to a public hearing?
Mr. Vilarello: Of the unified development plan?
Commissioner Teele: Of the process to begin it, to be subject to it.
Chairman Plummer: OK. We're now on item...
Commissioner Teele: No, no. It wouldn't -- this would not relate to Watson Island. This doesn't relate to
anything. That's why I wanted to do it well out of the way now.
Chairman Plummer: To all over.
138 December 8, 1998
48. AUTHORIZE PURCHASE OF LITTER CONTAINERS FROM WAUSAU TILE, INC., - FOR
DEPARTMENT OF SOLID WASTE - IN AMOUNT NOT TO EXCEED $400,000, UNDER AN
EXISTING STATE NEGOTIATED AGREEMENT PRICE SCHEDULE (SNAPS) 42101242 -
ALLOCATE FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM (CIP),
"CITYWIDE LITTER CONTAINER ACQUISITION PROGRAM", PROJECT NO. 353012 - DIRECT
CITY MANAGER TO DISTRIBUTE TRASH RECEPTACLES EQUALLY THROUGHOUT CITY.
Chairman Plummer: Solid Waste. Not to exceed four hundred thousand dollars ($400,000) dollars. It is an
agreement with Wausau Tile, Inc.
Commissioner Teele: What number are you on?
Chairman Plummer: Item 40.
Commissioner Regalado: Forty.
Commissioner Sanchez: Forty. And I do have a couple of questions for Mr. Patterson.
Chairman Plummer: Mr. Sanchez, the expert on litter containers.
Commissioner Sanchez: Thank you so much. Mr. Patterson, the five hundred trash cans, that came out to
be what, four fifty each?
Mr. Clarence Patterson (Director, Solid Waste): No. They are actually five seventy-six each.
Commissioner Sanchez: Five seventy-six each?
Mr. Patterson: That is correct.
Commissioner Sanchez: Are you aware that the Kiwanis Little Havana were -- wanted to piggy back off
your purchase to buy an addition, I think, fifty or hundred trash cans to be placed in the Little Havana area?
Mr. Patterson: They're going to get actually 38. And, also, DDA (Downtown Development Authority),
Downtown, is doing the same thing.
Commissioner Sanchez: OK. I -- on the record, I just want to ask you, how would they be distributed?
And, if so, I would respectfully request that they be distributed equally throughout the community. In other
words, you know, we don't want them -- some to go down to downtown and then, of course, we don't want
so many to go down to Coconut Grove.
Mr. Patterson: The amount that we will be getting should cover the entire city and if we don't, then, of
course, we may be coming back to this body to get additional ones.
Commissioner Sanchez: And the other thing is, I want to make sure that it's on the record, the ones that the
Little Kiwanis of Little Havana are buying will not be -- OK. I want to make sure that's on the record now.
I don't want them -- the ones to be put on 8th Street and Flagler (inaudible) -- and in my district...
Mr. Patterson: They will designate where they go, and so will DDA downtown.
139 December 8, 1998
Commissioner Sanchez: Thank you.
Chairman Plummer: Item 40 is moved by the expert on solid waste containers, Mr. Sanchez, and
seconded...
Vice Chairman Gort: I'll second.
Chairman Plummer: ...by Mr. Gort.
Commissioner Gort: Discussion.
Chairman Plummer: All in favor -- question?
Commissioner Gort: Discussion.
Chairman Plummer: Discussion. I'm sorry.
Vice Chairman Gort: My understanding, about six months ago we had a company in here that we asked the
administration to contract with them. Because one of the biggest response that I get when I see so much dirt
on the sidewalks and the streets, it's not enough litter containers outside there. Now, it was a company that
was willing to come up here and provide them free. Of course, it would have the advertising but they would
maintain, they would be picking it up, and they put it in throughout the City. Where is that at? Is that ever
coming back to us?
Mr. Raul Martinez (Assistant City Manager): Commissioner, we had spoken to Mr. Cortina, who is the
owner of the company, several times. There are some issues of the containers. They're real thin. They take
a lot of sidewalk space. He's in the process of restructuring the vin, that is something more usable, that it
doesn't become just an advertisement in the City streets.
Vice Chairman Gort: Right.
Mr. Martinez: And we're working with him. Because right now he's real limited on the sidewalks that he
can put it, and in the neighborhoods, there are zones and was advertisement and those occurred. And just on
another issue on the item you're voting on, this is the first expenditures of money you set aside for capital
improvements for Solid Waste that you set aside for the next five years. I think it's one point six million
dollars ($1,600,000). This is the first expenditure from the budget you approved to be spent, specifically, in
Solid Waste..
Chairman Plummer: All in favor of Item 40, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
140 December 8, 1998
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1207
A RESOLUTION AUTHORIZING THE PURCHASE OF LITTER
CONTAINERS FROM WAUSAU TILE, INC., FOR THE
DEPARTMENT OF SOLID WASTE, IN AN AMOUNT NOT TO
EXCEED $400,000, UNDER EXISTING STATE NEGOTIATED
AGREEMENT PRICE SCHEDULE (SNAPS) #2101242;
ALLOCATING FUNDS THEREFOR FROM THE CAPITAL
IMPROVEMENT PROGRAM (CIP), "CITYWIDE LITTER
CONTAINER ACQUISITION PROGRAM", PROJECT NO. 353012,
AS APPROPRIATED BY FY 98-99 APPROPRIATIONS/CAPITAL
IMPROVEMENT ORDINANCE NO. 11705.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
49. (A) AUTHORIZE PAYMENT TO METROPOLITAN DADE COUNTY - FOR DISPOSAL OF
CERTAIN SOLID WASTE COLLECTED IN AND BY THE CITY OF MIAMI IN AN AMOUNT NOT
TO EXCEED $8.2 MILLION) - PURSUANT TO INTERLOCAL AGREEMENTS ENTERED INTO
ON SEPTEMBER 29, 1995, BY AND BETWEEN THE CITY OF MIAMI AND METROPOLITAN
DADE COUNTY, FLORIDA, - ALLOCATE FUNDS THEREFOR FROM ACCOUNT CODE NO.
422001.320302.531
(B). COMMENTS CONCERNING PRIVATE (SOLID WASTE) HAULERS -FURTHER
COMMENTS ON FUNDS COLLECTED FROM RESIDENTS FOR COLLECTION AND DISPOSAL
OF GARBAGE.
Chairman Plummer: Item 41. Give the County eight point two million dollars ($8,200,000) for trash. We
have no choice, right?
Mr. Clarence Patterson (Director, Solid Waste): Yes. This is the tipping fees for the annual tonnage of
garbage and trash in dispose of Dade County.
Chairman Plummer: Moved by Sanchez, expert on sanitation, and seconded by Mr. Gort.
141 December 8, 1998
Commissioner Sanchez: Hey.
Chairman Plummer: All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1208
A RESOLUTION AUTHORIZING PAYMENT TO METROPOLITAN
DADE COUNTY FOR THE DISPOSAL OF CERTAIN SOLID
WASTE COLLECTED IN AND BY THE CITY OF MIAMI IN AN
AMOUNT NOT TO EXCEED $8.2 MILLION FOR A PERIOD OF
ONE (1) YEAR PURSUANT TO 1NTERLOCAL AGREEMENTS
ENTERED INTO ON SEPTEMBER 29, 1995, BY AND BETWEEN
THE CITY OF MIAMI AND METROPOLITAN DADE COUNTY,
FLORIDA, ALLOCATING FUNDS THEREFOR FROM ACCOUNT
CODE NO. 422001.320302.531.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: Question.
Vice Chairman Gort: Question.
Commissioner Sanchez: You're getting to be a grouchy, old man.
Chairman Plummer: Question. Mr. Gort.
Commissioner Gort: No, he's -- Commissioner Teele has a question.
Chairman Plummer: Oh. Mr. Manager, may I ask, we asked you to look into the private haulers for
districts. When is that coming back?
Mr. Donald Warshaw (City Manager): We'll tell you where we are in the process right now. We've already
had workshop -- go ahead.
142 December 8, 1998
Mr. Raul Martinez (Assistant City Manager): Yes. Commissioners, we sent you a timetable...
Chairman Plummer: My question is simple, when is it coming back here?
Mr. Martinez: Well, we had the workshop with the Commission. I mean -- I'm sorry. We had a workshop
with the industry right before Thanksgiving. We gave them until December 14th to submit their suggestions
to the City administration. The week after the 14th, we'll forward to all Commissioners a package with their
input. We will hold a Commission workshop with all of you. Once we get your input, we'll come back to
you within a couple of weeks after that. We're hoping late January, early February to come back to the
Commission.
Chairman Plummer: Thank you, sir.
Commissioner Regalado: And -- Raul, remember that, as part of the process, we should include the fact that
-- we should consider or give points in terms of the bidding process because of the new bins and the way
that these are going to look in the City. I mean, new equipment should be part of the process.
Mr. Martinez: All the bidders that went to this workshop were told that we were looking for enhancements
to the community, whether it be new equipment, whether it be community clean-ups, whether it be pick up
at City facilities. Something that's going to make that neighborhood look nicer, look cleaner.
Commissioner Regalado: But new equipment should be one of the issues that we place there.
Chairman Plummer: Yeah. Because some of the dumpsters, I want to tell you, around here...
Commissioner Regalado: Absolutely.
Chairman Plummer: ...are a disgrace.
Commissioner Regalado: And the fact that they have to come up, for instance, with solutions to dumpsters
that are placed in front of the apartment buildings, facing the street, that they need to give us a solution for
that.
Mr. Martinez: Suggestions, yes, sir.
Chairman Plummer: With the Commission's approval, I'm going to bring Item 42...
Commissioner Teele: Wait, wait, wait.
Commissioner Sanchez: No, one.
Commissioner Teele: Forty-one.
Chairman Plummer: Forty-one, yes, sir.
Commissioner Teele: I asked to be recognized, J.L.
Chairman Plummer: I'm sorry. Mr. Teele.
Commissioner Teele: Before the vote. I assume that you voted. How much money do we collect? This is
143 December 8, 1998
the solid waste fees strictly for residential, is that right?
Mr. Patterson: That is correct, not for disposal.
Commissioner Teele: How much money do we collect from the residents for collection and disposal?
Mr. Patterson: I'll have to divert to the Finance Department on that one.
Commissioner Teele: Well, it's a hundred and sixty-five dollars ($165.00), right?
Mr. Patterson: A hundred and sixty-five dollars ($165.00) is what -- a year, what we're paying but, of
course, you know, you just increased that.
Commissioner Teele: How much are we collecting a year, roughly, ma'am?
Ms. Julie Weatherholtz (Finance Director): I can get that information for you but I do not know it off the
top of my head.
Commissioner Teele: The point, Commissioners -- and I'm only -- want you all to focus in on this because I
was not in the majority on this whole Solid Waste issue. But I would imagine that this eight million dollars
($8,000,000) probably represents over half -- about half of the amount of money we're collecting. And, so,
what this means is, when we accept these fees below what it cost us to collect, you can see now where the
money goes. I mean, we're writing one check for eight million dollars ($8,000,000) and we're just not
collecting enough money to cover the costs. What is the cost of collecting the fees from residential, Mr.
Patterson, approximately, including this fee and the cost of the collectors?
Mr. Patterson: The actual cost would come to approximately three hundred and some odd dollars.
Commissioner Teele: Around three fifty, which...
Mr. Patterson: Per resident, yes.
Chairman Plummer: Figure given to us was three twenty-two.
Commissioner Teele: Huh?
Chairman Plummer: Three twenty-two is what we had..
Commissioner Teele: All right, well, three twenty-two. So, I just think we ought to keep this in mind
because this is where these decisions are really hurting, the budget -- the balancing of the budget of the City.
When we have to write a check for eight million dollars ($8,000,000), this has nothing to do, with all due
respect, Mr. Manager, to management or mismanagement or efficiency or labor unions or all the kinds of
things that we like to spend a lot of time talking about. This has to do, quite frankly, with the fact that we
have never funded the Solid Waste department. And the biggest chunk of money goes to none of the above.
It goes to our big brother over at the County, eight million dollars ($8,000,000).
Chairman Plummer: And every year it's going up and we do not have the right to argue. That's the crime.
All right, I'm going to move Item 42 be set aside. If we have time, we'll come back to it at the end of the
evening. I don't want to make people wait. And mine on Legion Park, you've answered that in the form of a
memo. Is there anyone here from the Legion Park that would like to hear the reasoning given by the
144 December 8, 1998
Manager? I'll not go into that. Mr. Regalado, Keep Florida Beautiful.
Commissioner Regalado: Mr. Chairman, I will be asking the Commission to defer this to the first meeting
in January. There will be people coming from Tallahassee and we will have a proposal.
Chairman Plummer: All right. Mr. Manager, first meeting in January.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: You've got an item on this agenda and I think we ought to bring it up because I think
it...
Chairman Plummer: Which item, sir?
Commissioner Teele: It's the item relating to affordable neighborhoods.
Chairman Plummer: Yes, sir. We will bring it up as soon as I'm -- I'm going through this here.
Commissioner Teele: Yeah. But, J.L., we need just a few minutes to focus on that item because it relates to
a bunch of pocket items and a bunch of people that have been sitting here all day.
50. DISCUSS STATUS OF DISPUTE AND TERMS OF AGREEMENT TO SETTLE LITIGATION,
BETWEEN CITY OF MIAMI AND PAN AM AIR BRIDGE, FORMERLY KNOWN AS CHALK'S
INTERNATIONAL AIRLINES.)
Chairman Plummer: Well, all I can tell you is, we're going to go through the agenda, then we'll get to it. All
right. Discussion. The presentation report concerning the Pan Am Air Bridge. Mr. City Attorney.
Mr. Alejandro Vilarello (City Attorney): As you know, the administration and my office has been in
negotiation with the former Chalk's Airline, now Pan Am Air Bridge Company and we believe that we have
come to an agreement on the essential terms and we would bring back to the City Commission, at a future
Commission meeting, an agreement that recommendation -- that the City administration recommend to the
City Commission.
51. DISCUSS / DEFER TO MEETING OF JANUARY 12, 1999 DISCUSSION CONCERNING
NEWSRACK ORDINANCE.
Chairman Plummer: All right. The next item is mine, about the news racks. I'll put it off until January
because we're too over burden. Legislative priorities. Where's our legislator?
Commissioner Teele: Temporarily pass it, until he comes back.
Chairman Plummer: All right, until he comes back.
145 December 8, 1998
52. DISCUSS FORMATION OF CHARTER REFORM REVIEW COMMITTEE BY MAYOR /
COMMISSIONERS -- SEE LABELS 62 AND 83.
Chairman Plummer: Charter Reform, Special Election. Mr. City Manager. I assume no special election is
now going to be held, so the memo I have from the Mayor is that, he's going to formulate a committee of 15
people for Charter Review, am I correct? I got a memo to that effect this morning.
Mr. Donald Warshaw (City Manager): I got a copy of it this morning, but that's all I know.
53. DEFER DISCUSSION OF ANNUAL COSTS FOR ALL CITY BOARDS TO MEETING OF
JANUARY 12, 1999.
Chairman Plummer: All right. Discussion. The annual cost of all City boards. Who put this on the
agenda?
Ms. Dena Bianchino (Assistant City Manager): I think Commissioner Regalado asked that this item be...
Chairman Plummer: Mr. Regalado, you want to put it off until the next meeting?
Commissioner Regalado: I don't have any problem. We are deferring the Community Relations Board for
the next agenda, so I don't have any problem...
Chairman Plummer: Put it off. It all should come in together with a two con...
Commissioner Regalado: However, I'm told that we don't have the information regarding several boards,
and I was concerned about that, especially the MESA (Miami Exhibition and Sports Authority) board and
other.
Ms. Teresita Fernandez (Assistant Executive Secretary, Hearing Boards): Teresita Fernandez for the Office
of Hearing Boards. The reason MESA is not included there is because it's an independent entity and I
believe that the City Attorney is ready to give some figures on the legal assistance on that.
Commissioner Regalado: Because we did approve the budget for MESA, but we need to know...
Chairman Plummer: We always do.
Commissioner Regalado: Yeah, but we need to know how much the City Attorney is spending on that.
Mr. Alejandro Vilarello (City Attorney): I don't have any funds particularly earmarked for MESA. I
represent the MESA Board.
Chairman Plummer: Can I interject? I think you're bordering on Item 32, which the Mayor asked to be held
until his arrival, in reference to the Tacoma lawsuit.
Commissioner Regalado: And as to the concerns that members of the Union had. When we have the
workshop, we discussed yesterday the costs of Community Relation Board and Teresita and the staff from
the budget concluded that there will be a cost to the City of two thousand dollars ($2,000) a year. The
Cultural Boards will not cost anything to the City's budget.
146 December 8, 1998
Ms. Fernandez: That's correct.
54. GRANT 18 MONTH EXTENSION REQUEST FROM FLORIDA HOUSING COOPERATIVE,
INC. TO BEGIN CONSTRUCTION OF BARCELONA PLACE HOUSING PROJECT AT 1025 WEST
FLAGLER STREET.
Chairman Plummer: OK. Mr. Regalado, Barcelona Place.
Commissioner Regalado: This is a project in Little Havana, a project that was funded by the County and by
the City. They're about ready to start construction. They have been delayed for some environmental
problems. They already resolve all the problems. They need an extension of 18 months from the City, so I
move that we'll give them an extension.
Chairman Plummer: And how long is the extension?
Commissioner Regalado: Eighteen months.
Chairman Plummer: Administration agree?
Ms. Dena Bianchino (Assistant City Manager): There's no problems.
Chairman Plummer: All right. Motion made to give 18 month extension. Seconded by Gort. All in favor,
say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposed? None.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 98-1209
A RESOLUTION GRANTING AN EIGHTEEN MONTH
EXTENSION, FROM APRIL 24, 1998 TO OCTOBER 24, 1999, TO
FLORIDA HOUSING COOPERATIVE, INC. IN WHICH TO
COMMENCE CONSTRUCTION OF BARCELONA PLACE, AN
AFFORDABLE HOUSING PROJECT, TO BE LOCATED IN THE
LITTLE HAVANA NEIGHBORHOOD AT 1025 WEST FLAGLER
STREET, MIAMI, FLORIDA.
147 December 8, 1998
Upon being seconded by Vice Chairman Gort, the motion was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
55. (A) GRANT APPROVAL FOR $500,000 LOAN FROM STATE HOUSING INVESTMENT
PROGRAM HOME FUNDS — FOR WYNWOOD TOWERS HOUSING PROJECT - SUBJECT TO LOW
INCOME HOUSING TAX CREDITS FROM STATE OF FLORIDA.
(B) GRANT APPROVAL FOR $500,000 LOAN FROM STATE HOUSING INVESTMENT
PROGRAM HOME FUNDS - FOR GATEHOUSE PROJECT, SUBJECT TO LOW INCOME HOUSING
TAX CREDITS FROM STATE OF FLORIDA.
(C) APPROVE $320,000 GRANT FROM HOPWA FUNDS - FOR EVERGLADES APARTMENTS
PROJECT.
Chairman Plummer: Discussion of the Wynwood Towers. This was mine on the agenda. This is the one,
gentlemen, that I talked to you about before, for the purposes of using HOPWA (Housing Opportunities for
People with AIDS)monies.
Ms. Dena Bianchino (Assistant City Manager): No, no.
Chairman Plummer: No.
Ms. Bianchino: The Everglades.
Chairman Plummer: I'm sorry. This is Wynwood Towers and there is a second one that's going to be
coming up on this item, which is the Gate House Scenario, is that correct?
Ms. Bianchino: Yes.
Chairman Plummer: The Gate House. It's my understanding that these are monies that have to be -- well,
you explain it.
Ms. Bianchino: OK. Both of these projects are projects that are going for low income housing tax credits to
the State of Florida on January 7th. In order for them to be competitive, they must have local City support.
We're in favor of both the projects. One's in Wynwood. One's in Lummus Park area, near Overtown. The
Commission would approve five hundred thousand dollars ($500,000) out of whole money for each project,
subject to the receipt of tax credits, and these projects, on a separate track, would have to go through the CD
(Community Development) loan committee process and meet all federal requirements. But, in order for
these people to be competitive, they need a local commitment and we're recommending five hundred
thousand dollars ($500,000) as a loan, not a grant, to each of these projects.
148 December 8, 1998
Chairman Plummer: All right. Does either one of those groups wish to speak to the issue?
Commissioner Teele: Mr. Chairman?
Chairman Plummer: My understanding is that we have a total of a million two.
Ms. Bianchino: In HOME.
Chairman Plummer: And that you're wanting to reserve two hundred thousand dollars ($200,000) back for
possibly other projects. Mr. Teele.
Commissioner Teele: Mr. Chairman, here we go again, and I respectfully urge you, Mr. Chairman. I've
talked to all of these people. I respect everybody that's here. Reverend White is a very important member
of this community. We're doing this wrong. We're doing this dreadfully wrong. We need to instruct the
Manager to hold a public hearing. We need to let everybody come forward and put their issues on the table.
This is a very complicated process. Historically, this grant is within state credit, application has been done
in March. There is unique rush to get this done, for some reason, before January, let's say, the 5th. And we
need to recognize that. But what this is about that's being done wrong is that the only people that are being
able to be heard today are the people who have special representation. There are at least four different
organizations that have contacted me, that I've referred to the Manager. They have not come here, for
whatever reason, that want to apply in the same process. And all that I'm saying is, we have an obligation to
stop doing pocket items and stop doing side items and do this before the public, with everybody having an
opportunity, J.L., to do it. All we're saying here -- all that I'm suggesting is this, to allocate money to one or
two groups and not give anybody else a chance to come forward is wrong and, yet, we have a drop dead
date, literally, of December 25th, 26th, because those applications must be in Tallahassee, without
exception, by January the 7th. And it's going to take a good two weeks, a good 10 days, two weeks, to dot
all the is and cross all the is and get everything done properly. I would appeal -- I have no interest in
coming back here again for anything before January, but I think it's important that we stop doing what we
did, that we read about in the Sunday Miami Herald. We all have good intentions. Nobody knew that that
was the situation there, but we need get this stuff out here where we publish it in the paper, let everybody
come forward, whether they have lawyers from brick Brickell or lawyers from Little Havana, and treat
everybody with the same dignity. And I would only ask that, rather than taking this item up -- and I would
respectfully, Mr. Manager, to confer with your staff and see if they would not agree that this is the
professional way that this should be done. If you don't mind, that we set a meeting for some -- it takes 10
days, is that right, Mr. Clerk, to have a notice in the Miami Herald?
Mr. Walter Foeman (City Clerk): We need two days on an emergency to place a notice in the Herald
Commissioner Teele: But we agree on a date and that be the only item that come up, but let everybody
come forward and put their cards on the table. Let the Manager, basically, give us a recommendation and I
have every assurance that everybody who wants a grant will get one from us because we're talking about
leveraging of money. In the case of Greater Miami Neighborhoods, this is the biggest leverage I've ever
seen. This is a forty -- is it a 30 to 1, or 40 to 1 in the case of Affordable Neighborhoods?
Ms. Bianchino: It'll probably end up being a 10 to 1 leverage.
Commissioner Teele: Well, I'm wrong. Ten to one. But it's a hell of a lot better than all these one to one
deals that's we're doing. That's all that I've been seeing, is one to one. So, I'm in total support of everybody's
application but I think we need to just stop rushing through this, Dena, and we need to agree on a public
149 December 8, 1998
process. It helps them that we have a process that's in the public. And I would just respectfully yield to you
to see if you have a different view, as we seem to differ on everything.
Ms. Bianchino: Commissioner, I think that you're absolutely correct. Let me just explain how we got into
this situation.
Chairman Plummer: Boy, I'll tell you something.
Unidentified Speaker: It's a great day when Commissioners throwing kisses.
Chairman Plummer: I'm beginning to wonder about some genders around here.
Ms. Bianchino: He's kissing me. No. Commissioner, you're correct. And what we were trying to do here
was, because our funding cycle does not run in tune with the tax credit funding cycle, we were trying to kind
of go on two tracks at once, which was Commission approval with side agreements, with the developers,
that we would have to go through a public hearing process, a loan committee process, and all the other
things that you're talking about. I don't know if this can be accomplished by the January 7th deadline.
Commissioner Teele: But I'm speaking now -- let's just looking at our calendars -- we're talking probably
about no more than a 20 minute meeting. But it's in their best interest to have had a public hearing.
Commissioner Gort: Excuse me. How long we're meeting?
Commissioner Teele: An hour.
Chairman Plummer: Yeah.
Commissioner Gort: Us?
Commissioner Teele: An hour.
Chairman Plummer: Because what happens is, that agenda starts getting filled up.
Commissioner Teele: Well, we'd limit it.
Chairman Plummer: Well, just for the record, the Wynwood Towers, one of the applications is on the
agenda. Even though it's a discussion item, doesn't mean we can't act on it. The other one, the Gate House,
is not on the agenda but what they were trying to do was to get in before the deadline of the legislature, OK.
Now, Mr. Manager, what are you recommending?
Ms. Bianchino: It's really up to the Commission to decide if they want to hold a special meeting.
Chairman Plummer: That's fine. Now, what are you recommending?
Ms. Bianchino: The people...
Commissioner Gort: May I ask a question?
Chairman Plummer: Mr. Gort.
150 December 8, 1998
Commissioner Gort: And I agree with Commissioner Teele, that we should go through the process in the
public hearings. Now, my question to you, Teele, to the administration is, do they have sufficient time -- do
they have a process where they have to go through -- where they have to fill out an application, they have
certain...
Ms. Bianchino: Pardon me? I'm sorry.
Commissioner Gort: Do they have an application process they would have to go through? My
understanding is, what I'm hearing, there's other individuals that -- other organizations want to come forward
with the project. Does this organization have enough time to put the package together to be presented to us?
Ms. Bianchino: OK, there was an RFP (request for proposal), Commissioner, and we did receive nine
responses to the RFP for this money. Wynwood Towers is one of those people who responded. The other
organization, I believe, also responded, Riverside. However, it does not require a public hearing by law
but...
Chairman Plummer: Well, I...
Ms. Bianchino: There are nine applications there.
Chairman Plummer: There's no question. according to Commissioner Teele -- and he's absolutely right -- if
we had the time to have a public hearing, it would have been the proper way to do it. But we're now under
the gun and I don't think anybody here wants to take the chance of losing these two units of housing for the
community.
Commissioner Teele: J.L., that's not -- you know, this -- that's not at all what the issue is right now. We
have enough time legally to do a notice. We need 10 days to do a notice. Now, the question is...
Chairman Plummer: Wait a minute. I thought she had an RFP out already.
Commissioner Teele: Well, hold it, J.L. The question is...
Ms. Bianchino: There is an RFP.
Commissioner Teele: we're going to make a decision today, not pursuant to that RFP anyway. And this is
the old City of Miami rules. The people that are in are going to get considered. The people that are not, are
not. And I've got to tell you something, I got two calls today from very influential people who say, we want
-- if there is going to be a decision on this, we want ours considered. And I'm telling you, we need to make
sure that what we're doing here is right, and we need to know who we're approving and what they're going to
do.
Chairman Plummer: All right. We got a recommendation. What is it?
Ms. Bianchino: Our recommendation was going to be that we approve the two projects; that we, on a
parallel track, go through the loan committee review and all the HUD (Department of Housing and Urban
Development) audit requirements so that we're not avoiding things that we need to be doing, but they need
resolutions to go forward, and that we would look for the rest of the applications for additional sources of
funds to try to come up with ways to fund the projects.
Chairman Plummer: OK. There's a recommendation. Does anybody wish to make a motion?
151 December 8, 1998
Commissioner Teele: Mr. Chairman, I move a motion.
Chairman Plummer: All right.
Commissioner Teele: I move that the Commission hold a special meeting, pursuant to a public notice,
inviting anyone to come before us and to submit -- providing they submit at least 48 hours before the
Commission meeting -- a request for consideration for Commission action for a recommendation of these
funds.
Ms. Bianchino: Let me clarify something. We have an RFP.
Chairman Plummer: Excuse me. There's a motion on the floor. Is there a second? Is there a second? Is
there a second? Motion dies for the lack of second. Dena.
Ms. Bianchino: OK. Again, I would recommend that we approve the...
Mr. Warshaw: We already have an RFP. And what Dena was going to say, in regards to that motion,
would be, the RFP is closed.
Commissioner Sanchez: Mr. Vice Chair?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Mr. City Manager, did everyone have an equal opportunity to apply for the RFP?
Ms. Bianchino: Yes, sir. It was publicly advertised and we have received, as I stated, nine applications for
funding.
Commissioner Sanchez: I'll make a motion. Call the question and we'll vote on it.
Commissioner Teele: We have a recommendation on the nine applications?
Ms. Bianchino: We're recommending that the two that are being discussed be funded so they can move
forward for tax credits.
Commissioner Teele: The other seven?
Ms. Bianchino: We will try to...
Chairman Plummer: Next year.
Ms. Bianchino: ...look for other sources of funding. We do have surtax money -- ship money, I'm sorry,
that can be applied to these other projects. There are home ownership projects. We can use ship money for
those.
Chairman Plummer: OK.
Mr. Vilarello: Mr. Chairman.
152 December 8, 1998
Chairman Plummer: Excuse me. What was your motion, Mr. Sanchez?
Commissioner Teele: Is yours one of the two?
Commissioner Sanchez: My motion was to call the question and vote on it.
Chairman Plummer: And was that to approve the two projects?
Commissioner Sanchez: Yes.
Chairman Plummer: All right. Is there -- the two, I assume, are the Wynwood Towers and the Gate House
Project? Now, is there a second to that motion?
Commissioner Teele: I second the motion.
Chairman Plummer: Second the motion. Mr. City Attorney?
Mr. Alejandro Vilarello (City Attorney): Just wanted a clarification of the two projects that the motion will
-- that you did.
Chairman Plummer: We just did.
Mr. Vilarello: OK.
Chairman Plummer: Thank you.
Commissioner Gort: Question.
Chairman Plummer: Question.
Vice Chairman Gort: What happens to Everglades Apartments at Miami Limited?
Ms. Bianchino: That's a separate subject.
Chairman Plummer: That's a separate thing that will be brought up in a minute.
Vice Chairman Gort: OK.
Chairman Plummer: All right. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
153 December 8, 1998
The following resolutions were introduced by Commissioner Sanchez, who moved their adoption:
RESOLUTION NO. 98-1210
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ALLOCATE FUNDS, SUBJECT TO CERTAIN TERMS AND
CONDITIONS AS SPECIFIED HEREIN, FROM THE CITY'S FY
1998-1999 HOME INVESTMENT PARTNERSHIP PROGRAM, IN
THE AMOUNT OF $500,000, FOR THE DEVELOPMENT OF
WYNWOOD TOWER APARTMENTS, CONSISTING OF
APPROXIMATELY 186 UNITS OF AFFORDABLE RENTAL
HOUSING, TO BE LOCATED IN THE WYNWOOD
NEIGHBORHOOD AT SOUTHEAST 2ND AVENUE AND 23RD
STREET, MIAMI, FLORIDA, BY WYNWOOD TOWER
APARTMENTS, LTD., WHOSE DEVELOPERS ARE GREATER
MIAMI NEIGHBORHOODS, INC. AND AFFORDABLE
NEIGHBORHOODS, INC.; AUTHORIZING THE CITY MANAGER
TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE.
RESOLUTION NO. 98-1210.1
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ALLOCATE FUNDS, SUBJECT TO CERTAIN TERMS AND
CONDITIONS AS SPECIFIED HEREIN, FROM THE CITY' S FY
1998-1999 HOME INVESTMENT PARTNERSHIP PROGRAM, IN
THE AMOUNT OF $500,000, FOR THE DEVELOPMENT OF MIAMI
RIVER PARKS APARTMENTS, CONSISTING OF
APPROXIMATELY 211 UNITS OF AFFORDABLE RENTAL
HOUSING TO BE ALLOCATED IN THE LUMMUS PARK AREA
AT NORTHWEST 4TH STREET AND 5TH AVENUE, MIAMI,
FLORIDA, BY MIAMI RIVER PARK ASSOCIATES, LTD., WHOSE
DEVELOPERS ARE GATEHOUSE DEVELOPMENT
CORPORATION AND BAME DEVELOPMENT CORPORATION OF
SOUTH FLORIDA, INC.; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE.
154 December 8, 1998
Upon being seconded by Commissioner Teele, the resolutions were passed and adopted by the
following vote:
AYES:
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Vice Chairman Wifredo Gort
Chairman J.L. Plummer, Jr.
NAYS:
None.
ABSENT:
None.
Chairman Plummer: Everglades...
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I want it to be very clear that I will definitely be on the record with the Governor's
Office in opposition to a process that does not ensure that every person has an opportunity to come forward.
And contrary to what everybody's saying here now, I know for a fact that there are organizations that would
have liked to have come forward. We have no reason to shut off anybody. This is not about money. These
applications are not in competition with each other. They're in competition for statewide funds and, as far
as I'm concerned, if we send up 10 applications, the more the merrier, as long as we have the credits or the
credit enhancement capacity to back them, and we do have additional credit enhancement. And I see no
reason why we would leave the potential of some eight hundred thousand dollars ($800,000) of credit
enhancements off the table. We're not -- that just means that the money's going to go to Chiply Florida or
Belle Glade or wherever else, but that's the way this Commission wants to function.
Chairman Plummer: Everglades Apartments.
Unidentified Speaker: Thank you, Commissioner.
Unidentified Speaker: Thank you very much.
Chairman Plummer: Everglades Apartments.
Ms. Bianchino: We have received a proposal from Everglades Apartments. They want to use HOPWA
money to subsidize, which, I think, is a very creative use of the money and I think we should be looking
toward more housing projects using these sort of funds.
Chairman Plummer: What action do you need of this Commission?
Ms. Bianchino: We're recommending approval of three hundred and twenty thousand dollars ($320,000) of
HOPWA money for the Everglades Apartments.
Chairman Plummer: I would like to move it. I think it's a great idea.
155 December 8, 1998
Commissioner Regalado: I will second it.
Chairman Plummer: We don't have our money going out the door. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Chairman Plummer, who moved its adoption:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ALLOCATE FUNDS FROM THE FY 1998-1999 HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA")
PROGRAM, IN THE AMOUNT OF $320,000, FOR THE
DEVELOPMENT OF THE EVERGLADES CENTER APARTMENT
PROJECT, CONSISTING OF 42 UNITS, TO BE LOCATED IN THE
DOWNTOWN TARGET AREA AT 282 NORTHEAST 2"'D STREET,
MIAMI, FLORIDA, BY EVERGLADES CENTER APARTMENTS
PARTNERSHIP; AUTHORIZING THE CITY MANAGER TO
SUBMIT AN AMENDMENT TO THE CITY OF MIAMI'S 1998
ANNUAL ACTION PLAN TO THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT FOR THE
REALLOCATION OF SAID FUNDS, AND TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
56. DISCUSS CITY'S LEGISLATIVE PRIORITIES - REDUCE LIST TO FIVE PRIORITIES PER
COMMISSIONER.
Chairman Plummer: OK.
Commissioner Sanchez: We could come...
Chairman Plummer: I will pass on my appointment to the Sports...
156 December 8, 1998
Commissioner Sanchez: Mr. Vice Chairman, if we could come back...
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: If we could come back to 47, discussion concerning legislative priorities for the
upcoming...
Chairman Plummer: Forty-seven, Legislative priorities.
Commissioner Sanchez: Yes.
Mr. Donald Warshaw (City Manager): Commissioner, we have compiled, as a result of input from the
Commission, as well as the staff, a somewhat lengthy draft list of legislative priorities. I think it's really
much too long. So, what I'd Like to do, is within the next day or two, to meet with each one of you,
individually, and see if we can pair that down to a list of maybe three, four or five top level priorities with
all of your collective input and then go from there.
Chairman Plummer: All right. Let me again...
Vice Chairman Gort: Mr. Chairman?
Chairman Plummer: ...suggest to my colleagues, which has worked very good in the past. Come up with
five solid, good projects that you want and put them in priority. All right. And I've already given you my
two and I think they're very, very important, about the tax exempt properties in this community. One third
of our tax is exempt for even profit -making corporations. It's wrong. And I'm telling, that in my priorities,
that that is one that needs to be changed and changed a long time ago. Mr. Gort, did you wish to...
Vice Chairman Gort: Mr. Chairman, tomorrow I'm chairing the committee for the legislative committee for
the Dade League of Cities, and we're going to be going up to the Tallahassee and we're going to be pushing
-- lobbying quite a bit for the -- whatever the legislation we get, so I appreciate it -- because my first meeting
is going to be tomorrow, about ten o'clock. If I could get some response from you all on a draft from you, I
would like to incorporate that with the Dade League of Cities.
Mr. Warshaw: And I'll get you the draft tonight, before we leave.
Vice Chairman Gort: OK, thank you.
Commissioner Sanchez: Mr. Vice Chair?
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: Mr. Vice Chairman, my office...
Chairman Plummer: No, I'm no longer Vice Chair. I think now I've become king.
Commissioner Sanchez: All right. OK, Mr. Grand Puba, my office send out to all the Commissioners a list
of -- the wish list for the legislation this year in Tallahassee. I am -- as soon as I get the report from the City
Manager, who will go ahead and prioritize what the top five will be or whatever, and then we'll go ahead
and start the process of the matter. I want to commend the City Manager for quick response on the budget
157 December 8, 1998
for my traveling to Tallahassee and we're heading on the right track on that.
57. APPOINT RON CORDON TO PROPERTY AND ASSET REVIEW COMMITTEE.
Chairman Plummer: All right. Item 53 is the appointment of the Property Asset Review. Mr. Regalado and
Mr. Teele.
Commissioner Teele: Ron Cordon, attorney at law.
Chairman Plummer: Ron Cordon. Mr. Regalado, your appointment to the Property and Asset Review.
Commissioner Regalado: I defer.
Chairman Plummer: You what?
Commissioner Regalado: I defer to the...
Chairman Plummer: Defer to the next meeting. Motion made to approve the names surrendered. All in
favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposed? Show unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-1212
A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER
OF THE PROPERTY AND ASSET REVIEW COMMITTEE FOR A
TERM AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
158 December 8, 1998
58. APPOINT CERTAIN INDIVIDUALS TO COCONUT GROVE PARKING ADVISORY
COMMITTEE.
Chairman Plummer: Coconut Grove Parking Advisory Committee. It's my recommendation that we take
the names that are proffered.
Commissioner Teele: Second the motion.
Chairman Plummer: All those in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-1213
A RESOLUTION APPOINTING CERTAIN INDIVIDUAL AS
MEMBERS OF THE COCONUT GROVE PARKING ADVISORY
COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: All right. The next item, 55. The Health Facilities Advisory Authority. Mr. Sanchez,
Mr. Teele, and Mr. Regalado. Do any of the three have a name?
Commissioner Sanchez: Defer mine.
Commissioner Teele: Defer.
Chairman Plummer: Defer to the next meeting.
159 December 8, 1998
59. APPOINT CERTAIN INDIVIDUALS TO HISTORIC AND ENVIRONMENTAL PRESERVATION
BOARD.
Chairman Plummer: The next item, Historic and Environmental Preservation Board.
Commissioner Regalado: I have one.
Chairman Plummer: Mr. Regalado. Architect or citizen?
Commissioner Regalado: Architect.
Chairman Plummer: All right.
Commissioner Regalado: Lourdes Solera.
Chairman Plummer: All right. Anybody else?
Commissioner Gort: I do. For Architect Historian, Miguel (phonetic) Seco. And for one of the alternate
seats, Ernie Martin.
Chairman Plummer: And mine for Business and Finance Law will be Mr. Joe Richards, and I'll pass on my
other one. Any others? All in favor of the motion, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposed? Show unanimous.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 98-1214
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS
MEMBERS OF THE HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN.
160 December 8, 1998
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: International Trade Board. Commissioner Sanchez.
Commissioner Sanchez: Mr. Chair, we could go back to 56, please. I just received some information.
Chairman Plummer: Go back to Item 56. That is the Historic and Environmental Preservation Board.
Commissioner Sanchez: Yes. A restoration architect will be Lourdes Solera and...
Commissioner Regalado: I just appointed her.
Commissioner Sanchez: You just appointed her?
Mr. Walter Foeman (City Clerk): Yes.
Commissioner Sanchez: OK.
Chairman Plummer: Well, half goes to Regalado and half goes to Sanchez.
Commissioner Sanchez: Well, wait. And citizen will be Jane Caporelli.
Commissioner Regalado: Cut it in half.
Commissioner Sanchez: Cut her in half. She must have lobbied your office as well as mine.
Chairman Plummer: We don't want any "enanos" on board.
Commissioner Sanchez: so, citizen will be Jane Caporelli.
Chairman Plummer: All right. International Trade Board, you passed on.
Mr. Walter Foeman (City Clerk): Commissioner Plummer, can you take a motion...
Commissioner Sanchez: Defer.
161 December 8, 1998
Mr. Foeman: ...a vote -- a roll call on that one, Jane..
Chairman Plummer: Take a roll call.
Mr. Foeman: Jane Caporelli.
Chairman Plummer: What?
Mr. Foeman: Commissioner Sanchez wants to nominate Jane Caporelli. Could we get a movant and a
seconder for that?
Commissioner Teele: Second the motion.
Chairman Plummer: Yes. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition?
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1215
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS
MEMBERS OF THE HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
60. APPOINT STEVEN POLIAKOFF TO PLANNING ADVISORY BOARD.
Chairman Plummer: Mr. Clerk, I have -- don't I have an appointment on the Planning Advisory Board?
Mr. Walter J. Foeman (City Clerk): Yeah. The Planning Advisory Board, you instructed me to go back out
and readvertise, and I can bring that back 30 days after the add is placed, so we'll be bringing that back in
January.
162 December 8, 1998
Ms. Teresita Fernandez (Assistant Executive Secretary, Hearing Boards): But if you want to make
appointment from the list that we already have....
Chairman Plummer: Who's on list right now?
Mr. Foeman: I don't have that schedule today, Commissioner. I can get it.
Ms. Fernandez: I believe that Steven Polakoff is one of them and there was a Suarez...
Unidentified Speaker: Suarez, no.
Ms. Fernandez: Henry Suarez.
Commissioner Sanchez: Teresita, if I could add...
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: I appointed a Frank Lindell to that.
Ms. Fernandez: Yes, you did.
Commissioner Sanchez: My alternate was D. Polakoff, which, I believe, someone else is going to move him
into a permanent position.
Chairman Plummer: Is he available to become permanent? Can he move over?
Ms. Fernandez: Yes.
Commissioner Sanchez: Yes, he is.
Chairman Plummer: Then I'll use that as my appointment, Mr. Clerk.
Mr. Foeman: OK. I need some direction from the City Attorney because I...
Chairman Plummer: City Attorney.
Mr. Foeman: I specifically was told to go back out and readvertise and that's what we did.
Commissioner Sanchez: They are appointed to that position.
Mr. Foeman: Yeah.
Commissioner Sanchez: They've already applied.
Mr. Foeman: Oh.
Commissioner Sanchez: They're sitting on the position already.
Mr. Foeman: Those two are currently, yes..
163 December 8, 1998
Commissioner Sanchez: Yes, yes, sir.
Mr. Alejandro Vilarello (City Attorney): I think the Clerk has concerns because the City Commission
wishes to allow an opportunity for others to apply, and then come back before the City Commission.
Chairman Plummer: Well, it's nice others to apply but it's my vote.
Commissioner Sanchez: They've applied.
Chairman Plummer: And it's my designated person. I'm just trying to save you a little bit of money.
Commissioner Sanchez: Mr. City Attorney, they have applied and it's been open..
Mr. Vilarello: The City Commission can select...
Chairman Plummer: All right. Mr. Clerk.
Mr. Vilarello: ...from appropriate individuals...
Chairman Plummer: Very simply...
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Steven is going to be my vote whether you advertise or you don't.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I move that the applicant -- that the notice be canceled.
Vice Chairman Gort: They can't.
Commissioner Teele: Huh?
Vice Chairman Gort: They can't.
Mr. Foeman: OK. Commissioner.
Chairman Plummer: Why? This man is already a member as an alternate.
Commissioner Teele: Look, it doesn't make sense. If the Commissioner already has someone who's eligible
and he's on a list, how are you going to force him to select somebody else?
Mr. Foeman: The terms expire in January. All the terms on the PAB expire in January, which is next
month.
Commissioner Teele: Whatever.
164 December 8, 1998
Chairman Plummer: All right. Look, you do what you got to do but I'm telling you, when the final line is
drawn, Steven is going to be my vote for the permanent member, OK. So, you do what you want. Waste
the City's money. See if I care, but I do.
Vice Chairman Gort: Excuse me. They have to do it anyway because I...
Chairman Plummer: Fine, fine. Do it anyway.
Vice Chairman Gort: There's some of us that have -- that need to make some appointments. They have to
do it.
Chairman Plummer:
All right.
Commissioner Teele:
But does that mean his appointment can't be made today?
Vice Chairman Gort:
No, he can make his appointment today, if they're already sitting there.
Commissioner Sanchez:
Sure.
Chairman Plummer:
I just did.
Commissioner Sanchez: Sure.
Commissioner Teele:
I second the motion.
Chairman Plummer:
All right.
Commissioner Teele:
All those in favor.
Chairman Plummer: All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show unanimous.
The following resolution was introduced by Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-1216
A RESOLUTION APPOINTING AN INDIVIDUAL AS A REGULAR
MEMBER OF THE PLANNING ADVISORY BOARD FOR A TERM
AS DESIGNATED HEREIN.
165 December 8, 1998
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
61. DIRECT CITY MANAGER TO SCHEDULE PUBLIC HEARING AT NEXT REGULAR
COMMISSION MEETING IMMEDIATELY FOLLOWING MEETING WHERE COMMISSION
EXPRESSES DESIRE TO REALLOCATE / REPROGRAM U.S. HOUSING AND URBAN
DEVELOPMENT FUNDS.
Chairman Plummer: All right. Pocket items. Mr. Regalado.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I have items on this agenda that take...
Commissioner Sanchez: Three.
Chairman Plummer: You have three items.
Commissioner Teele: That take precedent over pocket items.
Chairman Plummer: You're correct, sir, and I stand corrected. You have three items on this agenda.
Commissioner Teele: What's the first one, Mr. Attorney?
Chairman Plummer: Mr. Attorney.
Mr. Alejandro Vilarello (City Attorney): It's a resolution directing the City Manager to schedule duly
advertised public hearings at the next regularly scheduled City Commission meeting. Immediately
following the meeting, at which the City Commission expressed its desire to reallocate or reprogram any
U.S. Housing and Urban Development funds. Said public hearing to comply with all notice, provisions
pursuant to applicable law. It's a resolution.
Commissioner Teele: So...
166 December 8, 1998
Chairman Plummer: And what is the date of the public hearing?
Commissioner Teele: The date would be -- Mr. Chairman, all this simply says is that when we take an
action, as we did today, as you just did today on two items, that requires a public hearing, the Commission
or the Manager is obliged not to wait three months or four months but to hold the hearing...
Chairman Plummer: Set a date.
Commissioner Teele: No, J.L. At the next scheduled hearing. This doesn't relate to any item. This is a
policy item. In other words, when we approve an item for funds -- I'll give you an example. The 108 that
we proposed for the Miramar project, OK. It didn't have a public hearing and the next meeting -- if this
resolution passes at the next scheduled meeting, there would have been a public hearing on it. This is a
policy directed. This relates to no project.
Chairman Plummer: OK, all right. I hear you. You've made your resolution. Is there a second?
Ms. Gwendolyn Warren (Director, Community Development): There's only one point of clarification.
Commissioner Regalado: Second.
Chairman Plummer: Not without a second.
Commissioner Regalado: Second.
Chairman Plummer: Is there a second?
Vice Chairman Gort: Second for discussion.
Chairman Plummer: Now, under discussion. Gwen.
Ms. Warren: I think I cleared -- I'm clear on the instruction but the public hearing requires 30-day
notification prior to it commencing, so it would be subject to the advertising and the...
Commissioner Teele: Subject to the advertising requirements, etcetera, and the federal law and state law.
Mr. Vilarello: The resolution, as written, takes that into consideration.
Chairman Plummer: That's fine. All in favor of his first motion, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show unanimous.
167 December 8, 1998
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-1217
A RESOLUTION DIRECTING THE CITY MANAGER TO
SCHEDULE A DULY ADVERTISED PUBLIC HEARING AT THE
NEXT REGULARLY SCHEDULED CITY COMMISSION MEETING
IMMEDIATELY FOLLOWING THE MEETING AT WHICH THE
CITY COMMISSION EXPRESSES ITS DESIRE TO REALLOCATE
OR REPROGRAM ANY U.S. HOUSING AND URBAN
DEVELOPMENT ("U.S. HUD") FUNDS, SAID PUBLIC HEARING
TO COMPLY WITH ALL NOTICE PROVISIONS PURSUANT TO
APPLICABLE LAW.
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: Mr. Chairman?
62. (A). ESTABLISH CITY CHARTER REVIEW AND REFORM COMMITTEE — FOR CHARTER'
REVIEW OF CITY AS WELL AS PROPOSALS FORWARDED BY COMMISSION AND / OR
MAYOR - APPOINT COMMISSIONER GORT AS CHAIRPERSON OF COMMISSION CHARTER
REVIEW COMMITTEE. - SEE LABELS 52 AND 83
(B). COMMISSION APPOINTS VICTOR DE YURRE / RALPH PACKINGHAM / ELIZABETH
MCBRIDE TO COMMISSION CHARTER REVIEW COMMITTEE. - SEE LABELS 52 AND 83.
Chairman Plummer: A resolution establishing a City Miami Charter Review and Reform Committee. The
Mayor has already done it. Do you wish to proceed further on it?
Commissioner Teele: Oh, absolutely.
Chairman Plummer: All right, sir.
Commissioner Teele: I would so move the item.
Commissioner Regalado: Second.
168 December 8, 1998
Mr. Alejandro Vilarello (City Attorney): Commissioner, I believe...
Chairman Plummer: Yes.
Mr. Vilarello: Commissioner Teele, you prepared -- we prepared a substitute for that second item. You
want the second item...
Commissioner Teele: The second item, the substitute item.
Mr. Vilarello: ... considered?
Chairman Plummer: Explain to me what you're saying.
Mr. Vilarello: Would you like me to read the item? It's a resolution establishing the City Miami Charter
Review and Reform Committee to review the Charter of the City Miami, Florida, as amended, and by -- and
any Charter proposal forwarded by the Mayor and/or the members of -- the individuals members of the City
Commission, and recommend amendments necessary to reform and/or update said Charter, setting forth said
committee's purpose, powers, duties, and to provide for officers, meetings, quorums, requirements for
membership, and providing for the Sunset provision of said committee.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I think what the Mayor is doing is extremely helpful, and I commend the Mayor for
doing it. But just so you know, we are the City fathers, whether you like it or not. Only we or the board of
Directors can amend or propose the amendment of the Charter, other than through the people, and this
merely carries out our constitutional duty, not -- with all due respect to the Mayor, he does not have the
constitutional authority to do this. Only we do.
Chairman Plummer: Mr. City...
Commissioner Teele: But our advice -- but his advice and his recommendations, I can assure you, will be
given great deference by the Commissioner.
Chairman Plummer: Mr. City Attorney?
Mr. Vilarello: Yes, sir.
Chairman Plummer: You heard -- I'm putting you right in the middle.
Vice Chairman Gort: What's the difference?
Chairman Plummer: Well, that's what I'm asking. The Mayor has formed a committee. This is saying, by
Commissioner Teele, that this board only has the right to do it, that the Mayor doesn't have the right to do it.
Commissioner Teele: I didn't say that.
Chairman Plummer: Oh, I'm sorry.
169 December 8, 1998
Commissioner Teele: I didn't say that. I said, we have the authority. Only we have the authority.
Chairman Plummer: That's what I thought I...
Commissioner Teele: Not to have the committee. Anybody can have a committee. There could be a Blue
Ribbon Citizens Committee. There could be a Self-employment committee. But, at the end of the day, all
those committees have got to come back to this board.
Chairman Plummer: Oh, that's without question.
Commissioner Teele: And that's why we should have our board -- our committee to basically advise us.
Mr. Vilarello: There is no conflict between the two committees. The City Commission can establish his
committee.
Chairman Plummer: So, in other words, there could be four, five, six, seven committees...
Mr. Vilarello: And the Mayor is entitled to establish his committee as well.
Chairman Plummer: Well...
Vice Chairman Gort: Let me tell you, when I first got in, that's one of the things I wanted to do, since 1994,
create a committee to go ahead and review this and...
Commissioner Teele: And you have made that point, Commissioner Gort, at least three times since I've
been here. Isn't there a provision in here that one of the Commissioners would serve as a co-chair?
Mr. Vilarello: In your proposed resolution, provides for one of the members of the City Commission as a
co-chair of the committee.
Chairman Plummer: I would so move.
Commissioner Teele: And I would ask that Commissioner Gort, who has shown a great interest in this area
in the past, be duly asked to serve -- his name be offered in the blank space as the co -Chairman of the
committee.
Commissioner Regalado: I will second that.
Chairman Plummer: Now, who's going to appoint the rest of the members?
Commissioner Teele: Well, according to the resolution...
Commissioner Regalado: We are.
Commissioner Teele: ...you will appoint one.
Commissioner Sanchez: One per Commission.
Commissioner Teele: Commissioner, no, no, that's not right. Commissioner Plummer will appoint one.
170 December 8, 1998
Commissioner Sanchez will appoint one. Commissioner Regalado will appoint one. The Mayor will
appoint one and I will appoint one. Commissioner Gort would not get and appointment because he would
serve himself, and we would jointly today agree on one distinguished person to serve as Chair.
Chairman Plummer: I don't agree with that.
Commissioner Teele: OK. Let's vote.
Chairman Plummer: I have no problem with the one for each Commissioner but if you're putting a
Commissioner on that thing, he should be the Chair.
Commissioner Teele: Well...
Chairman Plummer: Now, that's -- I'm sorry.
Commissioner Teele: Well...
Chairman Plummer: I'm sorry. Then don't waste his time.
Commissioner Teele: OK. He serves as co-chair. But I think we need one person who's focused on this. I
don't -- look, I don't -- if Commissioner -- I'm sure that any person that serves on here is going to defer to
that Commissioner. But just like we have Commissioner Sanchez serving on the MESA (Miami Exhibition
and Sports Authority) Board, I don't think it's a waste of time. I think it's very important that Commissioners
hear firsthand from our colleagues what goes on on these committees, and I don't think that Commission
Gort or you or anyone else should be asked to shoulder the full-time responsibility of chairing, what I
believe, will be a very important committee that will requirement substantial amount of time and that's why
we involve citizens.
Chairman Plummer: I'll give that -- I would give that latitude to Commissioner Gort. If he wishes -- to how
he wishes to serve on that committee. As Chairman, I think that it's only right that, if a City Commissioner
is put onto a committee, that he should be the chairman of that committee.
Commissioner Teele: J.L., if that will get you to vote for it, then I would amend the resolution to say that
the Commissioner shall serve as Chairman and the distinguished citizen will serve as co-chair.
Chairman Plummer: I have no problem with that. Thank you. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? Show it...
171 December 8, 1998
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-1218
A RESOLUTION ESTABLISHING A CITY OF MIAMI CHARTER
REVIEW AND REFORM COMMITTEE TO REVIEW THE
CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
AND ANY CHARTER PROPOSALS FORWARDED BY THE
MAYOR AND/OR THE CITY COMMISSION, AND RECOMMEND
AMENDMENTS NECESSARY TO REFORM AND/OR UPDATE
SAID CHARTER; SETTING FORTH SAID COMMITTEE'S
PURPOSE, POWERS, AND DUTIES; TO PROVIDE FOR OFFICERS,
MEETINGS; QUORUMS, REQUIREMENTS FOR MEMBERSHIP,
AND PROVIDING FOR THE "SUNSET" OF SAID COMMITTEE.
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: I would move that the distinguished citizen -- no, I'll yield to any Commissioner who
would like to name any person as co-chair.
Chairman Plummer: I'll name Lucia Dougherty. She's a former City Attorney. She knows government
forwards and backwards, and let me tell you, in my opinion, she is a very -- she's here. I didn't mean to say
all that nice things about her.
Commissioner Sanchez: I would second.
Commissioner Teele: Mr. Chairman, I would be very uncomfortable voting on Lucia with the matter that is
coming up today, and I think it sends the wrong signal. I think, you know, we're going to be sitting as judges
and there is a big difference between sitting as legislators and sitting in quasi judicial. And I also think that
it puts perhaps somewhat...
Commissioner Sanchez: Mr. Vice Chair?
Chairman Plummer: Then I'll reserve my right to name someone else, but I still....
Commissioner Teele: No, you don't have that right. The Commission has the right. What the hell you
172 December 8, 1998
talking about? You don't have that right.
Vice Chairman Gort: He's talking about as an individual appointment.
Commissioner Sanchez: Individual appointment.
Chairman Plummer: My appointment.
Commissioner Teele: OK.
Chairman Plummer: You asked for anyone that named to be proffered. I proffered that name. You didn't
like it or you had your reasons not to...
Vice Chairman Gort: No, no. J.L., I think we're addressing two different things. My understanding is, what
Commissioner Teele is saying is that we, as a body, should name one individual to be the co -chairperson of
this committee.
Chairman Plummer: And I named one and he didn't want to accept that, so, then, name another one.
Vice Chairman Gort: But you naming -- but you can also name that person as your representative.
Chairman Plummer: I understand that.
Vice Chairman Gort: OK.
Chairman Plummer: That's what I said.
Vice Chairman Gort: All right. OK, gotcha.
Commissioner Sanchez: I'll nominate somebody. Ex -former Commissioner, Victor de Yurre.
Commissioner Teele: Second the motion.
Chairman Plummer: There's a motion made and seconded for and ex -Commissioner.
Commissioner Teele: Is he a lawyer? Is he a member of the Bar?
Chairman Plummer: Yes.
Mr. Alejandro Vilarello (City Attorney): Yes, he is.
Commissioner Sanchez: Yes.
Chairman Plummer: There's nothing more dead than and ex -Commissioner. OK. All in favor, say "aye."
The Commission (all but Commissioner Plummer): Aye.
Chairman Plummer: I'm going to show negative. OK.
173 December 8, 1998
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1219
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS AS
MEMBERS OF THE CHARTER REVIEW AND REFORM
COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
NAYS: Chairman J.L. Plummer, Jr..
ABSENT: None.
63. DEFER DISCUSSION PROPOSING 32 HOUR WORKWEEK.
Chairman Plummer: Your third item. I don't understand that at all. I read it.
Commissioner Teele: Move to defer the item.
Chairman Plummer: Move to defer Item 3 on that. Because my concern, Mr. Teele, when you rebring (sic)
it back, is that it would have to be applied citywide.
Commissioner Teele: Maybe, maybe not. I've heard every -- every lawyer's got a different view on this.
You know what's needed?
Chairman Plummer: OK. And I'm not a lawyer, but that's my view.
Commissioner Teele: But you know what's needed, Mr. Attorney, Mr. Manager? Just tell me where are the
full-time employment lines been drawn for the City of Hialeah, the City of Miami Beach, and Dade County?
OK. Because I think, you know, this City is like, even before Jimmy Carter. Jimmy Carter -- when Jimmy
Carter was President, the one thing that he convinced the American public and most governmental bodies is
to get out of these fixed 40-hour work weeks. We ought to have some flex time. We ought to have some
job sharing. We ought to have some 1980 kind of personnel rules and we don't have them. And all this
would say is, if you work 32 hours, you're full-time. That saves the City money. If somebody is working 32
hours as opposed to 40 hours or 33 hours as opposed to 39 hours, it saves the City money. And I can tell
you this, 32 hours is the standard that I have seen in the State of Florida and in most large governments, not
40 hours.
Chairman Plummer: All right. You guys sit down. The matter has been deferred. OK.
174 December 8, 1998
Commissioner Teele: Deferred.
64. DIRECT CITY MANAGER TO PROVIDE REPORT INDICATING IMPACT OF TERMINATING
CURRENT CIGNA HEALTH PLAN CONTRACT AND ISSUING REQUEST FOR
QUALIFICATIONS FOR HEALTH CARE INSURANCE PROVIDERS -- FURTHER REQUESTING
MANAGER TO INCLUDE AS DISCUSSION ITEM IN JANUARY, 1999 COMMISSION AGENDA.
Chairman Plummer: All right. All right. Mr. Regalado. "Oya" (phonetic). Pocket items.
Commissioner Regalado: I have a pocket item and this -- I think that this is important for the employees of
the City of Miami and also for the citizens and residents of the City of Miami. I have noticed that during the
last four years, the City of Miami health insurance contract with Cigna has been renewed without the benefit
of a competitive process, nor a review process. And this certainly is not in the public's best interest, nor it's
in the best interest of our employees. And really concerns me that a contract of this significance has been
rolling over for four years and has gone unnoticed by this administration but, of course, not to blame this
administration, but past administration, and without being presented before the Commission in a responsible
manner. So, I really support -- and we have been talking here a competitive process for all contracts of this
City. And my review of this contract or, at least, the little information that I have, leads me to believe that
we can subject it to a competition. So, therefore, my motion, Mr. Chairman, is to direct the administration
to prepare a report for the next meeting as to how the City could benefit, if the current contract with Cigna is
terminated, and an RFQ process is initiated.
Chairman Plummer: So ordered. Mr. City Manager, just tell...
Commissioner Regalado: OK. That would be on the January agenda.
Chairman Plummer: January, yeah.
Commissioner Regalado: But I think that we should get information done before.
Chairman Plummer: Well, just to piggy back on yours -- Mr. Manager.
Mr. Donald Warshaw (City Manager): I just want to state for the record, Commissioner, that the contract is
up for renewal in January.
Commissioner Regalado: So.
Mr. Warshaw: Just so you're aware of that.
Commissioner Regalado: So, what do we do? Because if we renew, we're talking another year and I think
-- you know, we keep rolling over and this could be really not in the best interest of the employees or the
City. So, Mr. Manager, what do you -- should we notify this company that we're planning to come up with
an RFQ?
Mr. Warshaw: Even if we do that, there's 120-day notice in the event we would terminate the contract, so I
think we would have to right to go out for an RFQ but if we terminate them, we'd have to give them a
minimum of 120 days' notice.
175 December 8, 1998
Commissioner Regalado: So...
Mr. Warshaw: We'll take a look at the contract and all of the ramifications and get with you back in
January. But, certainly, between now and January, the next meeting, the relationship we have with them is
going to continue until we're able to make other provisions, if we do so.
Commissioner Regalado: Can we say that by next January, we will have a process in place for an RFQ
(request for qualifications, if we so desire? If this Commission so desire?
Mario Soldevilla: Mario Soldevilla with Risk Management. If you wish to put out an RFQ, we could do
that. That requires time. It's not, you know, like given that we can put it out in January..
Commissioner Regalado: No, absolutely. That's what I said. That's what I said, to come back with a
possibility of next meeting.
Mr. Warshaw: We'll come back to you in January. But I can tell you, having sat on the Health Trust for 10
years, there's a somewhat lengthy process involved in the RFQ process in evaluating potential bidders and,
then, being able to evaluate whether or not there are going to be cost savings as a result of it.
Commissioner Regalado: Do we need a motion for this or just...
Mr. Warshaw: Just a direction from the Commission and we'll be...
Chairman Plummer: Well, Mr. Manager, let me tell you something. You know, I've had displeasure with
this company for a long time. I have my daughter under a C.O.B.R.A (Consolidated Omnibus Budget
Reduction Act), which I'm entitled to. Expensive as all get out. I paid two hundred and ninety-one dollars
($291) a month for the C.O.B.R.A. Except, I got a bill yesterday without any notification, without any
advanced knowledge, is going to three hundred and thirty-three dollars ($333) a month. Now, you know,
normally people would say to you, hey, as of such and such a date, we're going to increase the price. They
didn't do that in any, way, shape or form. Mr. Manager, I don't think that that's a proper way to do business.
Now, you know, you do what you want but I don't understand. And I'm not asking you to give me an
individual answer, but I'm using that as an example of how they're doing business. They never notified me.
Never notified me, except with a new bill that I got yesterday, and I think it's ridiculous. You're moving to
ask the Manager to come out with a new RFQ in January.
Mr. Warshaw: No, we cannot have it in January. We'll come back to you in January.
Commissioner Regalado: In January he....
Mr. Warshaw: We will begin a process but I think it's important to understand that we're going to have to
continue and renew in some way...
Commissioner Regalado: Well, you got 120 days, though, to cancel the contract.
Mr. Warshaw: Right.
Mr. Alejandro Vilarello (City Attorney): The administration is going to have to renew the agreement...
Commissioner Regalado: Why is that contract always rolling over without your approval or the
Commission approval?
176 December 8, 1998
Mr. Warshaw: Commissioner, I really can't give you the answer here but, as I said, I sat on the Police
Health Trust for 10 years and they've pretty much been automatically renewable, except when the Trust felt
that there could be savings realized by going out and opening up the process again. There is a lot of
complex, technical changes that have to be made, the re -issuance of cards and benefit books, every time you
make a change from one company to another. So, it's not usual to stick with a company for several years
but, if they're not giving us what we need as a third party administrator and we can do better elsewhere, by
all means we should take it competitive.
Chairman Plummer: You know, Mr. Manager...
Commissioner Regalado: By all means.
Chairman Plummer: ...that's like Motorola. We can't get out from their clutches. It's like Unisys. We can't
get out from their clutches. It's like Cigna. We can't get out from their clutches. I mean -- you know,
somewhere there's got to be some imaginative thinking that says that we're not locked in to where we can't
go out and bid a product to try to get the best price and the best service.
Mr. Warshaw: We are not locking into Cigna forever.
Chairman Plummer: Well, let me tell you. How long have we had them besides too long?
Mr. Soldevilla: Since 1990.
Chairman Plummer: Yeah, nine years. Eight years, OK. And let me tell you something. They leave, in my
opinion, a lot to be desired. All right. Sir.
Mr. Tom Gabriel: Tom Gabriel, Local 587. Miami Firefighters. Just a reminder, Commissioner Regalado,
for the benefit of the employees, you may be bringing that up but the one thing I must warn everybody is
that those actual benefits that Cigna or the City is providing is a negotiable item and those -- we would be
watching and, hopefully, part of the process, that you wouldn't be using this as a way to, in any way, raise
our premiums or decrease our benefits and we would be sure to be watching that.
Chairman Plummer: It's all negotiable.
Mr. Gabriel: No, it's not negotiable at this point. It is part of our contract and that it would have to be the
same unless we mutually agree to.
Chairman Plummer: Aren't we negotiating contracts right now? Aren't we negotiating contracts right now?
Mr. Gabriel: Yes, yes. Yes, the City is.
Chairman Plummer: That's not whole harmless.
Mr. Gabriel: No, absolutely not. But what I'm saying is, until such time as we settle that contract...
Chairman Plummer: Oh, absolutely.
Mr. Gabriel: OK.
177 December 8, 1998
Chairman Plummer: Yeah.
Mr. Gabriel: I just wanted...
Commissioner Regalado: Tom, I thought that you, as a union leader, would like to see your employees with
a better service and less expensive.
Mr. Gabriel: I am, in no way, defending Cigna.
Commissioner Regalado: I mean, are you defending Cigna or...
Mr. Gabriel: Please. My membership would hang me up for...
Commissioner Regalado: No, I mean...
Mr. Gabriel: For defending Cigna but there is more to the...
Commissioner Regalado: But I thought that you were defending Cigna.
Mr. Gabriel: Commissioner, if I -- no, I'm not.
Commissioner Regalado: Oh, OK.
Mr. Gabriel: What I'm saying is, I'm protecting my position and Local's position as the negotiator for
insurance process, which means that there has a tendency to be, when people go out to bid, to try to shortcut
things to save money and that is not going to happen as long as we're under a contract.
Mr. Soldevilla: What Tom is saying also is that the plan design is part of their -- of the contract. Now, if
you're going to change the design, then you have to -- if you go with the same design, then you're not giving
-- you're not losing anything.
Mr. Warshaw: Commissioner, let me say it again for the record. I can tell you, the administration is
absolutely not committed to any one vendor. And I would agree that, after nine years, it's certainly, at the
bear minimum, worth a good, hard look at what it is we're getting, what's available in the market place, what
kind of savings to....
Chairman Plummer: So, it's now a done item. Thank you, Mr. Regalado.
Commissioner Regalado: OK, thank you.
Chairman Plummer: Do you -- Mr. Regalado, do you have another pocket item?
Commissioner Regalado: No, sir.
Chairman Plummer: Mr. Sanchez, do you have a pocket item?
Commissioner Sanchez: Yes, I do. I have three pocket items.
Mayor Carollo: Hold on. If I may, Commissioner. Did you want to say something, Charlie?
178 December 8, 1998
Chairman Plummer: Charlie.
Mr. Charlie Cox (President, General Employees, AFSCME): Yes. On the insurance, let me assure
everybody that we did go out to bid about three or four or five years ago and it did go out to bid in the recent
future and, unlike Police and Fire, I believe we do have a contract and ours is not negotiable anymore, as far
as the benefit sides go. And if there's another company that can come in here and save this City money and
improve it, that's fine.
Chairman Plummer: Absolutely.
Mr. Cox: But we've spent over a year of going out to bid for insurance, not five years ago. And Cigna was
the best company that everybody had chosen for the savings. Because we saved almost nineteen million
dollars ($19,000,000) the first year that we changed the plan.
Chairman Plummer: OK. Mr. Sanchez.
65. AUTHORIZE PROFESSIONAL SERVICE AGREEMENT WITH HOWARD GAZZO COURT -
ALLOCATE $44,000 FROM POLICE BUDGET ACCOUNT 001000.290201.6.270.
Commissioner Sanchez: Yes. There are three pocket items. One is pertaining to a stenographer services
for the City of Miami Homicide Department and it reads...
Chairman Plummer: Moved by Sanchez. Seconded by Gort. All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposed? Show unanimous.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1220
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH HOWARD GAZZO COURT REPORTING, TO PROVIDE
STENOGRAPHIC SERVICES FOR THE CITY OF MIAMI POLICE
DEPARTMENT FOR A PERIOD OF ONE (1) YEAR WITH THE
OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR
PERIODS; ALLOCATING FUNDS THEREFORE FROM THE
POLICE DEPARTMENT GENERAL OPERATING BUDGET,
ACCOUNT CODE NO. 001000.290201.6.270.
179 December 8, 1998
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
66. ACCEPT PLAT: DENNIS SUBDIVISION
Chairman Plummer: Next item.
Commissioner Sanchez: Next item is a resolution, with attachments, accepting the plat entitlement Dennis
subdivision and subdivision in the City of Miami, Florida, subject to all of the conditions of the Plat and
Street Committee.
Chairman Plummer: Moved by Sanchez. Seconded by Gort. Is there any opposition?
The Commission (Collectively): Aye.
Chairman Plummer: Show unanimous ballot.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1221
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED DENNIS SUBDIVISION, A SUBDIVISION IN THE CITY
OF MIAMI, FLORIDA, SUBJECT TO ALL OF THE CONDITIONS
OF THE PLAT AND STREET COMMITTEE, AND ACCEPTING
THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING
AND DIRECTING THE CITY MANAGER AND CITY CLERK TO
EXECUTE THE PLAT; AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA.
180 December 8, 1998
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
67. APPOINT PABLO PEREZ CISNEROS TO CITYWIDE COMMUNITY DEVELOPMENT
ADVISORY BOARD.
Chairman Plummer: Third item, Mr. Sanchez. Wake up.
Commissioner Sanchez: The third is -- basically, a clarification on appointment to a committee which I
appointed Ana Figueroa, which is my sister-in-law, the City Commission Development Advisory Board,
which I found not to be a conflict of interest.
Wait a minute. Let me -- wait a minute.
Chairman Plummer: Your sister-in-law.
Commissioner Sanchez: At the -- let me clarify, Mr. Plummer. And I'm not going to be talking about -- let's
not get into it. It was a -- something that was not a conflict of interest but it's not in my best interest so I
made it a reappointment to appoint Mr. Pablo Perez Cisneros to that appointment, which is the Citywide
Community Development Advisory Board.
Chairman Plummer: Motion made by Sanchez. Seconded by Gort to accept Mr. Cisneros. All in favor, say
"aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposition. It's done.
181 December 8, 1998
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1222
A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER
OF THE CITYWIDE COMMUNITY DEVELOPMENT 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 Vice Chairman Gort, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
68. APPOINT JORGE CARVALHO EXECUTIVE DIRECTOR OF INTERNATIONAL TRADE
BOARD - ALLOCATE $40,000 FROM ITB 1998-1999 BUDGET ACCOUNT 001000.921084.6.270.
Chairman Plummer: Mr. Gort?
Vice Chairman Gort: No pocket items.
Chairman Plummer: I have a number of pocket items that you made me put over. One of them is the -- and
both -- Mr. City Attorney, both of these, as you now recommend, have been before the board and the first
one is for the contract of Mr. Jorge Carvalho for the Executive Director of an amount not to exceed forty
thousand. I so move.
Mr. Alejandro Vilarello (City Attorney): It's not a contract. It's just naming him and the City Commission
is approving him from budgeted funds.
Chairman Plummer: That's fine. Whatever you call it. I so move.
Commissioner Teele: Executive director of what?
Chairman Plummer: International Trade.
Mr. Vilarello: This is naming the executive director of the International Trade Board, Mr. Carvalho.
Chairman Plummer: All right. All in favor, say "aye."
182 December 8, 1998
The Commission (Collectively): Aye.
Chairman Plummer: Opposition? None.
The following resolution was introduced by Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-1223
A RESOLUTION APPROVING THE APPOINTMENT OF JORGE M.
CARVALHO AS EXECUTIVE DIRECTOR OF THE
INTERNATIONAL TRADE BOARD FROM OCTOBER 1, 1998
THROUGH SEPTEMBER 30, 1999, AT AN AMOUNT NOT TO
EXCEED $40,000.00; ALLOCATING FUNDS THEREFOR FROM
THE INTERNATIONAL TRADE BOARD FISCAL YEAR 1998-1999
BUDGET, ACCOUNT CODE NO. 001000.921084.6.270.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
69. APPOINT KARINA GARCIA ADMINISTRATIVE ASSISTANT FOR INTERNATIONAL TRADE
BOARD — ALLOCATE $25,000 FROM ITB BUDGET ACCOUNT 01000.921084.6.270
Chairman Plummer: Same for Katrina Garcia as the Clerk and whatever through the International Trade
Board of amount not to exceed twenty-five thousand dollars ($25,000). 1 so move.
Vice Chairman Gort: Second.
Chairman Plummer: All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed?
183 December 8, 1998
The following resolution was introduced by Chairman Plummer, who moved its adoption:
A RESOLUTION APPROVING THE EMPLOYMENT OF KARINA
GARCIA, TO PERFORM THE SERVICES OF ADMINISTRATIVE
ASSISTANT FOR THE INTERNATIONAL TRADE BOARD FROM
OCTOBER 1, 1998 THROUGH SEPTEMBER 30, 1999, AT AN
AMOUNT NOT TO EXCEED $25,000.00; ALLOCATING FUNDS
THEREFOR FROM THE INTERNATIONAL TRADE BOARD
FISCAL YEAR 1998-1999 BUDGET, ACCOUNT CODE NO.
001000.921084.6.270, FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
70. EXECUTE INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY - FOR CITY' S
PARTICIPATION IN LOCAL HAZARD MITIGATION STRATEGY PROGRAM - ACCEPT $75,000
FROM STATE OF FLORIDA FOR RELATED EMERGENCY MANAGEMENT AND HAZARD
MITIGATION PROJECTS.
Chairman Plummer: The other one is of the Fire Department. The Fire Department brings in a resolution,
with attachments, authorizing the City Management to execute an inter local agreement in substantially the
attached form between the City of Miami and Miami -Dade County; to provide for the City's participation in
the State of Florida/Department of Community Affairs, Local Hazard Mitigation Strategy Program and to
allow the City to receive a grant in the amount not to exceed seventy-five thousand dollars ($75,000) to fund
emergency management and hazardous mitigation projects. I so move.
Commissioner Sanchez: Second.
Chairman Plummer: All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed?
184 December 8, 1998
The following resolution was introduced by Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-1225
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE
CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY, TO
PROVIDE FOR THE CITY'S PARTICIPATION IN THE STATE OF
FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, LOCAL
HAZARD MITIGATION STRATEGY PROGRAM AND TO ALLOW
THE CITY TO RECEIVE A GRANT AWARD, IN AN AMOUNT
NOT TO EXCEED $75,000, TO FUND EMERGENCY
MANAGEMENT AND HAZARD MITIGATION PROJECTS.
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Chairman Plummer: Mr. Manager, there is a scenario with the Ltd. projects, Ltd. one and two. In speaking
with Dena, she asked that those matters be referred to her for consideration and report back to this
Commission at the next Commission meeting.
71. GRANT WITH CONDITIONS REQUEST FROM LAZARO ALBO FOR 90 DAY EXTENSION
REINSTATING AGREEMENT WITH LATIN AMERICAN GOURMET RESTAURANT.
Chairman Plummer: The other item is Mr. Lazaro Albo thing in Flagler Street. I, absolutely, said at the last
meeting that no way would I ever extend that for any period of time. I have to tell you, Mr. Manager, he has
come forward and demonstrated where he has spent five hundred thousand dollars ($500,000). I've talked
with Dena in that reference. She -- we have already estreated the letter of credit for the hundred thousand
dollars ($100,000). The recommendation is that, in fact, we give them another ninety days. We do not give
back the letter of credit unless, on 91 st day, they are completed and they have recommended a new rent.
Mr. Donald Warshaw (City Manager): The action you have to take, that would be to reinstate the
agreement.
Chairman Plummer: To reinstate the agreement for period of 90 days. The letter of credit would not be
returned unless they are completed in the 90 days. Now, Dena said she felt that the City was entitled to a
185 December 8, 1998
benefits, since they got one, and they want to increase the rent. It's normally seven fifty under the present
contract. What do you want now?
Ms. Laura Billberry: Fifteen hundred and retain the 15 percent of gross, whichever is greater.
Chairman Plummer: Fifteen hundred, Mr. Albo.
Vice Chairman Gort: Or fifteen percent of gross, whatever is greater.
Chairman Plummer: And 15 percent of gross was there before, correct?
Ms. Billberry: Right, correct.
Mr. Richard Alayon: Commissioner or Chairman Plummer, Richard Alayon, appearing for Mr. Albo. I
have just heard from Mr. Albo, that he will agree to those terms and he's very grateful for this opportunity.
Chairman Plummer: I so move that they be granted.
Commissioner Sanchez: Second.
Ms. Billberry: We would further like to request that the City first be able to retain the interest in holding LC
(letter of credit) during the 90 day period..
Chairman Plummer: Oh, absolutely.
Ms. Billberry: And, also, we'd like to retain twenty thousand of that for any lost revenues for having the
business not being opened at this time.
Chairman Plummer: But for how long a period?
Ms. Billberry: No, the twenty thousand, we would retain in...
Vice Chairman Gort: From the hundred thousand.
Ms. Billberry: Yeah, I mean, that would come to the City cost.
Chairman Plummer: Oh, OK. Yeah, that's fine. That's no problem. OK. All in favor, say "aye."
Commissioner Regalado: Before we vote.
Chairman Plummer: Mr. Regalado.
Commissioner Regalado: These are unexpected revenues. They're not in the budget. The difference
between the rent and what Mr. Lazaro Albo has agreed to pay and the twenty thousand dollars ($20,000), is
that correct?
Chairman Plummer: That would be up and above.
Vice Chairman Gort: Yes.
186 December 8, 1998
Ms. Billberry: Yes.
Vice Chairman Gort: That goes in a reserve.
Commissioner Regalado: So, it goes to that special account?
Chairman Plummer: Yeah.
Commissioner Regalado: OK.
Chairman Plummer: All right.
Mr. Alejandro Vilarello (City Attorney): Mr. Chairman.
Chairman Plummer: Mr. City Attorney.
Mr. Vilarello: Mr. Albo, through his attorney, agreed to the other conditions.
Chairman Plummer: He just said so.
Commissioner Regalado: Mr. Chairman, if I may.
Mr. Vilarello: But he has not, with regard to the retention of the interest and the twenty thousand dollars
($20,000).
Mr. Alayon: We'd like a clarification.
Mr. Robert Chisholm: Like a clarification.
Chairman Plummer: All right, sir.
Mr. Chisholm: For one second. My name is Robert Chisholm at 7254 Southwest 48th Street, Miami. I
represent Mr. Albo and the client in this project. We were retained in May of this year. We would like to
request that the 90 days start on January the 4th, if they may, because, as you know, the construction
industry basically comes to a halt...
Chairman Plummer: Over the holidays.
Mr. Chisholm: ...over the holidays.
Commissioner Regalado: Absolutely. Of course.
Chairman Plummer: What do you mean, of course?
Commissioner Regalado: Yeah, it makes sense.
Chairman Plummer: All right, all right.
Commissioner Regalado: It makes sense.
187 December 8, 1998
Chairman Plummer: It starts January the 1 st.
Commissioner Regalado: Well, nobody works on January 1 st.
Mr. Chisholm: January 1 st. Nobody works on the first.
Chairman Plummer: January the 1 st.
Mr. Chisholm: The fourth is a...
Commissioner Regalado: You don't work on January 1 st.
Chairman Plummer: "Oye."
Commissioner Regalado: I mean, not even your business work on January 1 st.
Chairman Plummer: I'll do it even better. January, February, March -- the first -- April fool. You finish by
April 1 st.
Mr. Chisholm: That's fine.
Commissioner Sanchez: Hey, Plummer's business is always...
Mr. Chisholm: We agree.
Chairman Plummer: April 1 st. All right. And all of the other things that have been said, you totally agree
to?
Mr. Chisholm: All right. Now, on the twenty thousand and the minimum rent, the client agrees to the
minimum rent, as stated.
Chairman Plummer: Correct.
Mr. Chisholm: The twenty thousand as revenue, that it was not counted on and they would like to defer on
that.
Chairman Plummer: What do you mean defer?
Mr. Chisholm: They don't want to take it, the twenty thousand. They don't want that as part of the deal.
Mr. Alayon: Ask for clarification on that.
Ms. Dena Bianchino (Assistant City Manager): Commissioner, as I just like --this has been going on...
Mr. Chisholm: We need a clarification on that.
Mr. Vilarello: Perhaps, counsel...
Ms. Bianchino: The clarification...
188 December 8, 1998
Mr. Vilarello: ...should make that representation as opposed to the architect.
Ms. Bianchino: Can I just say something? This has been going on since 1991. Staff has spent more time
on this project and the City has received little revenue and we feel it's the right of the City to collect twenty
thousand dollars ($20,000) from that letter of credit to make up for lost revenue because this restaurant
was...
Chairman Plummer: You want to win or lose?
Ms. Bianchino: And for staff time that we've had to put in on this project, that is still not open to the public.
Mr. Chisholm: Exactly what would the amount be, Miss Bianchino?
Ms. Bianchino: We would keep twenty thousand dollars ($20,000) from the hundred thousand dollar
($100,000) letter of credit, if you perform. If you don't perform, we keep the entire hundred thousand
dollars ($100,000).
Mayor Carollo: Which, if I may make it clear, it's eighty thousand dollars ($80,000) less than the City could
take right now.
Mr. Chisholm: Is that in addition, Miss Bianchino, to the increase in rent?
Ms. Bianchino: Absolutely.
Mr. Chisholm: We agree.
Chairman Plummer: All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show it unanimous.
189 December 8, 1998
The following resolution was introduced by Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-1226
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDMENT TO THE MANGEMENT
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH LATIN AMERICAN GOURMET
RESTAURANT, INC. ("LATIN AMERICAN"), WHICH SHALL
PROVIDE: 1) FOR REINSTATEMENT OF THE MANAGEMENT
AGREEMENT, DATED MAY 29, 1992, AS AMENDED; 2) FOR AN
EXTENSION OF TIME FOR THE OPENING OF THE CONCESSION
AREA AT PAUL WALKER PARK, LOCATED AT 46 WEST
FLAGLER STREET, MIAMI, FLORIDA, FROM NOVEMBER 25,
1998 TO APRIL 1, 1999; 3) FOR AN INCREASE IN THE MINIMUM
MONTHLY RENT FROM $750 TO $1,500, EFFECTIVE DECEMBER
1, 1998; 4) THAT THE CITY SHALL RETAIN THE $100,000
PROCEEDS RECEIVED UNDER THE LETTER OF CREDIT ON
DECEMBER 2, 1998 UNTIL THE COMPLETION OF THE
CONSTRUCTION OF THE CONCESSION AREA; 5) THAT IN THE
EVENT THE CONCESSION AREA IS OPENED FOR BUSINESS ON
OR BEFORE APRIL 1, 1999, $80,000 SHALL BE RETURNED TO
LATIN AMERICAN, AND THE REMAINING $20,000 PLUS
INTEREST SHALL BE DEPOSITED IN THE CITY OF MIAMI'S
NON -BUDGETED REVENUES ACCOUNT; AND 6) THAT IN THE
EVENT THE CONSTRUCTION IS NOT COMPLETED AND THE
CONCESSION AREA IS NOT OPENED FOR BUSINESS ON OR
BEFORE APRIL 1, 1999, THE CITY SHALL RETAIN THE ENTIRE
$100,000 AND ALL INTEREST ACCRUED.
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
[COMMENTS MADE AFTER ROLL CALL]
Mr. Vilarello: Excuse me. Mr. Chairman, can I, please have that representation made by counsel for Mr.
Albo and the corporation?
190 December 8, 1998
Chairman Plummer: Well, I'll tell you even one better. You write up the document, have them sign it, and
give a copy to Dena.
Mr. Vilarello: Yes, sir.
Chairman Plummer: Now, Dena -- excuse me. My last item that I think I have here, on the Ltd. 1 and 2.
We're going to turn this over to you to try to work out some kind of an agreement and come back to the City
Commission some time in January.
Ms. Dena Bianchino (Assistant City Manager): Yes, sir.
Chairman Plummer: OK.
72. BRIEFLY DISCUSS / TABLE TO LATER IN SESSION AGENDA ITEM 32 ( AUTHORIZE
PAYMENT FOR LEGAL SERVICES IN CONNECTION WITH DECOMA MIAMI ASSOCIATES
LTD LAWSUIT) - SEE LABEL 74
Chairman Plummer: Mr. Mayor, you asked that Item 32, on Decoma... Mr. Mayor?
73. (A). DIRECT CITY MANAGER TO PROVIDE COMMISSIONERS AND MAYOR LIST OF
ITEMS INCLUDED IN COMMISSIONER TEELE'S ADMINISTRATIVE LIST NOT INCLUDED IN
DECEMBER 8, 1998 AGENDA - FURTHER REQUESTING MANAGER TO PROVIDE RATIONALE
FOR EXCLUDING THEM FROM AGENDA.
(B) DIRECT CITY MANAGER TO PROVIDE MAYOR AND COMMISSIONERS WITH LIST
OF HOUSING PROJECTS IN DEFAULT ALONG WITH CORRESPONDING TRANSCRIPTS.
Commissioner Teele: Does anyone else get pocket items but...
Chairman Plummer: I'm sorry. You were not here when we went down the line. Mr. Teele.
Commissioner Teele: Mr. Chairman, thank you. In the interest of time, and we have a long item coming up,
I will move those items to the next agenda with instructions, again, to the Manager that the items that were
supposed to be on this agenda be acknowledged by the Manager in writing to the Mayor and the
Commission, and an explanation as to why. Mr. Manager, I am particularly concerned about the one item,
which was the subject of some discussion, which your memorandum, again, has mischaracterized what the
nature of the concern is. It's contained on the Clerk's Report, on page 11, and we're talking now about these
community development funds, where we've given, you know, literally, tens of million of dollars in the
years past to these various developers, most of which was by pocket item, most of which was by unanimous
vote, all of whom were politically connected and, yet, I asked specifically about a series of things. Davis
Bacon was just one of about ten areas that we asked you to look at. Your memo to me came back about
Davis Bacon and I appreciate the fact that I do care about working people and I do care about labor, but I
also care about the people in the neighborhoods. I specifically asked and I'm specifically requesting, Mr.
Manager, for you to respond to all of the projects that are in default. A list of all of the projects that are in
default, to be made available to the Mayor and the Commission, with a verbatim transcript or record of the
proceedings in which those projects were funded by this Commission. I am very, very interested, Mr.
Manager, in determining whether or not each of these projects today meets the City's Zoning and Code
compliance, which is the same issue. It's not going to go away. I am specifically asking this Commission to
take note of the fact that I do not want any projects being refinanced in the district that I represent with
191 December 8, 1998
federal government dollars that don't meet Code. In other words, with all due respect to the Mayor and the
Commissioners that were here before, it's a new day. I don't want any projects in Overtown or Little Haiti
or the Liberty City area or Wynwood areas that I represent being brought forward for a refinancing and they
don't meet Code. In other words, if they don't have parking, as far as I'm concerned, we ought to just all
walk away from it, get a big bulldozer, and be through with this. Because it doesn't make sense for the
government to be the biggest sponsor of code violations and code failure to comply, and most of the projects
that are in Overtown, that have all this politically connected soft money in it, this so-called CD (Community
Development) float money, the so-called RR, rehabilitation, and all of that stuff, don't meet Code. And,
again, Mr. Manager, you failed, respectfully, but you directly failed to address any issue other than Davis
Bacon, which is a federal requirement in your memo. I would like a project by project study and a response
as to whether or not these projects meet Code. It doesn't make sense to have a hundred units in which
children have no place to play. And you can call it demagoguery. You can call it anything you want, but I
will not sit here and let the City use money to create and subsidize and maintain a colonial form of
government in Overtown or anywhere else in this City. We should not be a part of that.
Mr. Donald Warshaw (City Manager): I agree with you a hundred percent.
Chairman Plummer: Mr. Mayor...
Commissioner Teele: So, if we could just get the record, let's go through all of the ones that in foreclosure
because what I'm asking you, Mr. Manager, is to take under consideration any proposal to refinance or to
work out as to whether or not they meet Code because, as far as I'm concerned, if they don't have parking, if
they don't have playgrounds, if they don't have public space, if they don't have the basic amenities, we
shouldn't even be bothered with them. We should just leave them alone. Help those people find an
adequate place to live. And I, respectfully, urge you to understand what my position is.
Mr. Warshaw: And I certainly do.
Commissioner Teele: I can't speak for anybody else, but I'm just telling you, I don't want to be a part of
anything like that. Thank you.
74. AUTHORIZE $19,100 PAYMENT FOR LEGAL SERVICES TO DAVIS, SCOTT, WEBER &
EDWARDS (DAVIS) IN CONNECTION WITH DECOMA MIAMI ASSOCIATES LTD VS CITY
AND MIAMI SPORTS AND EXHIBITION AUTHORITY, CASE 96-122055 CA-02 - CONTINUE
ENGAGEMENT OF DAVIS IN AMOUNT NOT TO EXCEED $50,000 - ALLOCATE $69,100 FROM
SELF-INSURANCE TRUST FUND ACCOUNT 515001.624401.6.661 - SEE LABEL 72
Chairman Plummer: Mr. Mayor, we deferred, as you requested, Item 32 until you arrived and we're now --
that is the only item left on the morning agenda.
Mayor Carollo: All right. Let's move on to Item 32 then. Go ahead.
Chairman Plummer: Anyone wishing to discuss Item 32?
Mr. Alejandro Vilarello (City Attorney): Item 32 is a request from the Law Department for authorization
for additional funds to the law firm of Davis, Scott, Weber and Edward, who's representing the City and the
Miami Sports and Exhibition Authority in the litigation of Decoma, Miami Associates, Ltd. versus the City
of Miami.
192 December 8, 1998
Chairman Plummer: Is there a motion? Is there a motion?
Vice Chairman Gort: Move it.
Chairman Plummer: Motion by Sanchez. Seconded by Gort. Is there any further discussion? Hearing
none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show unanimous ballot.
The following resolution was introduced by Commissioner Sanchez, who moved its adoption:
RESOLUTION NO. 98-1227
A RESOLUTION AUTHORIZING THE PAYMENT OF FEES FOR
LEGAL SERVICES PROVIDED TO THE CITY OF MIAMI BY
DAVIS, SCOTT, WEBER & EDWARDS ("DAVIS") IN
CONNECTION WITH THE LAWSUIT, DECOMA MIAMI
ASSOCIATES, LTD. VS. CITY OF MIAMI AND MIAMI SPORTS
AND EXHIBITION AUTHORITY, ELEVENTH JUDICIAL CIRCUIT
COURT, CASE NO. 96-12055 CA-02, WITH FEES FOR SAID
SERVICES NOT TO EXCEED $19,100; FURTHER CONTINUING
THE ENGAGEMENT OF DAVIS IN AN AMOUNT NOT TO
EXCEED $50,000; ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $69,100.00, FROM THE SELF-
INSURANCE INSURANCE TRUST FUND, ACCOUNT CODE NO.
515001.624401.6.661.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Arthur E. Teele, Jr.
Chairman Plummer: This Commission will be in adjournment for five minutes, and five minutes only, to
give you the outline of what is coming up in Planning and Zoning. The cloisters, as requested, will be
placed as the last item on the agenda, as requested by all of the people who were in objection to make it
after 4:30, in the afternoon. I can tell you, it's not going to take but about a half hour to do the rest of the
agenda and, then, we'll have the rest of the evening for you. We're in adjournment for five minutes.
193 December 8, 1998
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
5:53 P.M. AND RECONVENED AT 6:00 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE
PRESENT, EXCEPT FOR COMMISSIONER TEELE.
75. APPROVE SPECIAL EXCEPTION TO PERMIT HEALTH CLINIC IN R-3 MULTIFAMILY
MEDIUM DENSITY RESIDENTIAL ZONING DISTRICT - LOCATION: 3230 WEST FLAGLER
STREET - APPLICANT: SALLY PAYNE BEAVER AND DR. ISIDOR ZARCO.
Chairman Plummer: All right. Item 2, 3230 West Flagler Street. Will the applicant, please come forward.
Vice Chairman Gort: Move it. Second reading.
Chairman Plummer: All right.
Vice Chairman Gort: My understanding, this is a second reading. We moved it on first reading.
Chairman Plummer: Is this in your district?
Vice Chairman Gort: No, it's not in my district but...
Chairman Plummer: Mr. City Attorney.
Mr. Joel Maxwell (Assistant City Attorney): This is the second meeting of the month, so you're actually
opening the second meeting of December.
Chairman Plummer: This is the second meeting of the month. The Planning and Zoning and we are now on
Item Number 2. It has been moved by a non -district Commissioner, whose district it does not appear, and
Mr. Regalado is going to be very unhappy but he'll be happy that it has been moved for approval. Yes,
ma'am.
Ms. Adrienne Pardo: For the record, Adrienne Pardo with law offices at 1221. If I could just ask you one
thing.
Chairman Plummer: You've not been sworn in.
[AT THIS POINT, THE CITY CLERK ADMINISTERED REQUESTED
OATH UNDER ORDINANCE NO 10511 TO THOSE PERSONS
GIVING TESTIMONY ON ZONING ISSUES.]
Chairman Plummer: There is a motion made and duly seconded and you wish to comment, at the risk of
losing.
Ms. Pardo: I realize, but I have to do this. Due to requests by FDOT (Florida Department of
Transportation), we had to make minor modifications to the plans, which have been submitted to the City
and staff has reviewed them and signed off, so just that the motion will reflect that these are subject to the
plans dated 12-1-98.
194 December 8, 1998
Vice Chairman Gort: And, also, this will be subject to staffs recommendations?
Ms. Pardo: Absolutely.
Chairman Plummer: Item PZ-2.
Vice Chairman Gort: Staff, do we have any problems with the modifications on the plan?
Chairman Plummer: Dena?
Commissioner Sanchez: Did you move it, Willie?
Vice Chairman Gort: Yes, I did.
Commissioner Sanchez: I'll second it.
Chairman Plummer: All right. Hold on a minute. Dena?
Ms. Dena Bianchino (Assistant City Manager): Yes, sir.
[AT THIS POINT, COMMISSIONER TEELE ENTERED THE COMMISSION CHAMBERS AT
APPROXIMATELY 6:01 P.M.]
Chairman Plummer: You heard what her statement was?
Ms. Bianchino: Adrienne, could you, please repeat your statement?
Ms. Pardo: Absolutely. Due to a meeting we had with FDOT, we had to make minor modifications to the
plans, which we did. The revised plans are dated 12-1-98. They've been signed off by all departments, filed
with the hearing boards office, both Planning and Zoning have seen those plans.
Chairman Plummer: All in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: All opposed? Show unanimous.
195 December 8, 1998
The following resolution was introduced by Vice Chairman Gort, who moved its adoption:
RESOLUTION NO. 98-1228
A RESOLUTION, WITH ATTACHMENT, 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 ZONING DISTRICT FOR THE
PROPERTY LOCATED AT 3230 WEST FLAGLER STREET, MIAMI,
FLORIDA, PER PLANS ON FILE, AS MODIFIED TO COMPLY
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
REQUIREMENTS, AND 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 STAY; 2) A
COMPLETE NEW LANDSCAPE PLAN, WITH SPECIFICATIONS,
INCLUDING IRRIGATION AND ILLUMINATION MUST BE
SUBMITTED FOR REVIEW AND APPROVAL BY THE PLANNING
DIVISION PRIOR TO THE ISSUANCE OF ANY BUILDING
PERMITS.
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
196 December 8, 1998
76. APPROVE SECOND READING ORDINANCE —AMENDING ORDINANCE 10544 FROM
DUPLEX RESIDENTIAL TO DUPLEX COMMERCIAL - CHANGE FUTURE LAND USE
ELEMENT OF COMPREHENSIVE NEIGHBORHOOD PLAN - LOCATION: 1612 N. W. 30 STREET
- APPLICANT: JOSLY ENTERPRISE, INC.
Chairman Plummer: Item 3.
Ms. Adrienne Pardo: Thank you very much.
Chairman Plummer: 1612 Northwest 30th Street.
Vice Chairman Gort: That is my district.
Chairman Plummer: It's a second reading. It's in Mr. Gort's district. He moves for approval. Is there a
second?
Commissioner Regalado: Second.
Chairman Plummer: Seconded by Regalado. Anybody wishing to discuss the issue? All in favor -- I'm
sorry. Read the ordinance.
[AT THIS POINT, THE ASSISTANT CITY ATTORNEY READ THE ORDINANCE INTO THE
PUBLIC RECORD]
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.
197 December 8, 1998
Passed on its first reading, by title, at the meeting of November 17, 1998, was taken up for its second and
final reading, by title, and adoption. On motion of Vice Chairman 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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11737
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the public.
77. APPROVE SECOND READING ORDINANCE —AMENDING ORDINANCE 10544 FROM
DUPLEX RESIDENTIAL TO DUPLEX COMMERCIAL - CHANGE FUTURE LAND USE
ELEMENT OF COMPREHENSIVE NEIGHBORHOOD PLAN - LOCATION: 1612 N. W. 30 STREET
- APPLICANT: JOSLY ENTERPRISE, INC.
Chairman Plummer: Item 4 is a companion to Item 3. Mr. Gort. Mr. Gort?
Vice Chairman Gort: Move it.
Chairman Plummer: Seconded by Regalado. Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD]
Chairman Plummer: Anybody wishing to speak on Item PZ-4? Hearing none, 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.
198 December 8, 1998
Passed on its first reading, by title, at the meeting of November 17, 1998, was taken up for its second and
final reading, by title, and adoption. On motion of Vice Chairman 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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11738
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the public.
78. APPROVE SECOND READING ORDINANCE AMENDING ORDINANCE 10544 FROM
RECREATION TO SINGLE FAMILY RESIDENTIAL TO CHANGE FUTURE LAND USE
ELEMENT OF COMPREHENSIVE NEIGHBORHOOD PLAN - LOCATION: 1960 AND 2000 SW 24
STREET - APPLICANT: PLANNING AND DEVELOPMENT
Chairman Plummer: Item 5.
Vice Chairman Gort: Great presentation, Vicky. That was very good.
Commissioner Regalado: I move...
Chairman Plummer: Nineteen -sixty and 2000 Southwest 24th Street. Mr. Regalado, it's your district.
Commissioner Regalado: I move that. Yes, I move that, Mr. Chairman.
Chairman Plummer: You move Item 5. Is there a second?
Vice Chairman Gort: Second.
Chairman Plummer: Second by Gort. Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD]
Chairman Plummer: Anyone wishing to speak on PZ-5? Call the roll.
199 December 8, 1998
An Ordinance Entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING
THE PLAN 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.
Passed on its first reading, by title, at the meeting of November 17, 1998, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Regalado, seconded by Vice Chairman
Gort, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11739
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.
79. APPROVE SECOND READING ORDINANCE AMENDING ORDINANCE 11000 FROM PR
PARKS AND RECREATION TO R-I SINGLE FAMILY RESIDENTIAL TO CHANGE ZONING
ATLAS - LOCATION: 1960 AND 2000 SW 24 STREET - APPLICANT: PLANNING AND
DEVELOPMENT.
Chairman Plummer: Item PZ-6 is a companion. Mr. Gort.
Commissioner Regalado: Move it.
Chairman Plummer: Moved by Gort. Seconded by Regalado. Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD]
Chairman Plummer: Anybody wishing to speak on PZ-6? Call the roll.
200 December 8, 1998
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
24r" STREET, MIAMI, FLORIDA; MAKING FINDINGS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading, by title, at the meeting of November 17, 1998, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Regalado, seconded by Vice Chairman
Gort, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11740
The City Attorney read the ordinance into the public record and announced that copies were available to
the members of the City Commission and to the public.
80. APPROVE SECOND READING ORDINANCE AMENDING ZONING ORDINANCE 11000,
ARTICLE 6, SECTION 601, TO MODIFY MINIMUM YARD REQUIREMENTS — APPLICANT:
PLANNING AND DEVELOPMENT.
Chairman Plummer: PZ-7 is by the City of Miami Planning Department.
Ms. Lourdes Slazyk: Yes. This is second reading to amend the setbacks in the SD-1, Martin Luther King
district. This is in order to...
Chairman Plummer: Commissioner Teele?
Commissioner Teele: Yes.
Chairman Plummer: You wish to make a motion on this item?
Commissioner Teele: I would move the item. Thank you for the opportunity, Mr. Chairman.
201 December 8, 1998
Chairman Plummer: Move the item by Teele. Seconded by Gort. Read the ordinance.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD]
Chairman Plummer: Anybody wishing to speak on PZ-7? 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 601, SD -I MARTIN LUTHER
KING BOULEVARD COMMERCIAL DISTRICT, TO INCREASE
MINIMUM YARD REQUIREMENTS; 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 November 17, 1998, was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Regalado, seconded by Vice Chairman
Gort, the ordinance was thereupon given its second and final reading by title, and was passed and
adopted by the following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11741
81. APPROVE WITH MODIFICATIONS MAJOR USE SPECIAL PERMIT FOR CLOISTERS ON THE
BAY PROJECT - LOCATION: 3463-3571 MAIN HIGHWAY - APPLICANT: ALBANESE-POPKIN
DEVELOPMENT GROUP, INC.- SEE LABEL 3.
Chairman Plummer: All right. Now, ladies and gentlemen, that leaves us with only one item left and that's
the one in Coconut Grove of the Cloisters. I would ask anyone who feels that they wish to testify in this
matter at this time to stand up and be sworn in. Anybody wishing to testify in Item PZ-1, please be sworn
in. All right, Mr. Clerk.
[AT THIS POINT, THE CITY CLERK ADMINISTERED REQUESTED OATH UNDER ORDINANCE
NO 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.]
Chairman Plummer: OK. Now, you can sit down. While Ms. Dougherty is making her presentation,
anyone wishing to speak -- let me see a show of hands, how many want to speak. All right. One, two, there,
four, five, six, seven, eight, nine, 10, 11, 12, 13, 14, 15, 16, 17, 18. All right. I'm going to give the applicant
10 minutes to start. I'm going to limit everybody else, hopefully, to two minutes. We do that, we're talking
202 December 8, 1998
almost an hour right then and there. I would ask anyone that wishes to speak to please sign up with the
Clerk and give your name to the Clerk and you will be called in accordance with the way that you sign up.
OK.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I would like to state for the record that we have had a public hearing on this matter.
It's a pleasure, always, to see distinguished persons in the audience and I certainly don't want my comments
to have a chilling effect. But if this is going to be a repetitious matter, I am not going to be here for the final
vote. I have a medical appointment, which is the reason that I'm attired this way. It's purely for medicinal
purposes, and I say that in all seriousness. It is not to be a statement of my strong support of Overtown or
my militancy, what appears to be my militancy.
Chairman Plummer: Should I tell them about the arrangements you made with me this afternoon?
Commissioner Teele: Yes, for sure. If I made any, please do. But in all seriousness, I mean, I think we
need to focus in on the issues and I really would hope to be able to cast a vote, but I do have a medical
appointment this evening and I am going to be leaving here at 7:30.
Chairman Plummer: Hopefully, we will be finished before then. Ms. Dougherty, you have 10 minutes to
start. Make your presentation and then we'll...
Ms. Dena Bianchino (Assistant City Manager): Can we report on the UDRB (Urban Development Review
Board) after...
Chairman Plummer: All right. Dena, you wish to have the administration make a report first?
Ms. Lourdes Slazyk (Assistant Director, Planning Department): Yes. Just a real -- I promised, it'll just be a
couple minutes. As requested by the City Commission, this item was remanded back to the UDRB (Urban
Development Review Board). It was for their recommendation to you. The meeting was held yesterday on
December 7th, after being duly noticed. The -- in response to the UDRB's previous concerns, the applicant
submitted revised plans with more details for the meeting yesterday. The City also presented a letter, which
was received from DERM (Department of Environmental Resources) at yesterday's meeting, in which
DERM had made recommendations for several conditions, which they thought should be added to the
project. The UDRB voted unanimously to approve the project as revised with all but one of DERM's
conditions and the administration recommends approval of the project with the same conditions we
presented in November, and the recommendation of the UDRB. For the record, there are four new
conditions that we would like to recommend be added to this development order. If you want, I'll read them
now or later but they need to be...
Chairman Plummer: Read them now.
Ms. Bianchino: OK.
Commissioner Teele: Mr. Chairman, please, ask her to read them now.
Chairman Plummer: Get it over with.
203 December 8, 1998
Ms. Bianchino: OK. The four conditions are as follows: First, that a detailed relocation plan stating root
pruning, relocation techniques, irrigation and location, where the trees will be relocated, shall be submitted
for review and approval prior to the issuance of the tree removal permit. Number 2, the fence proposed to
be located within the Hammock area shall be installed by hand to lessen impacts to the rock formation.
Number 3, any oak trees proposed for relocation into the Hammock restoration area shall only be planted in
areas devoid of vegetation and where impacts to the sub strata can be minimal. And number 4, the applicant
shall take DERM up on their offer to provide oversight of the Hammock restoration. And one other
correction in Exhibit C in your package. There's an error in the address. It needs to read 3463-3571 Main
Highway. That's it.
Chairman Plummer: OK. That letter from DERM is a part of the record?
Ms. Bianchino: Yes.
Chairman Plummer: The letter from DERM is part of the record. Ms. Dougherty, have you been sworn in?
Ms. Lucia Dougherty: Yes, sir.
Chairman Plummer: All right. Have you paid your lobbyist fee?
Ms. Dougherty: I have indeed.
Chairman Plummer: That's good. Fine. You now have 10 minutes. Turn on the clock.
Ms. Dougherty: Good evening, Mr. Chairman and Members of the Commission. My name is Lucia
Dougherty with offices at 1221 Brickell Avenue. Here today on behalf of the owner and the applicant.
With us this evening is Ed Popkin, Leonard Albanese, and Wynn Hood, who are the principals of
Albanese-Popkin Development Corporation. You were incredibly patient with us the last time and,
therefore, I'm going to be very brief. We did -- we would like to incorporate all of our testimony from the
last hearing but since your last hearing, two things have occurred. We've had a unanimous approval by the
UDRB and we have a favorable recommendation by DERM, with the exception of the fact that they wanted
to have two inbound lanes removed and only have one. We have agreed to relocate the trees that would take
for two inbound lanes, which is necessary because the Fire Department wants it for fire emergency vehicles.
We have with us this evening the architect, a landscape architect, a traffic planner, a biologist, and
economic consultant and planners, if you have any questions for them. We have a Covenant with our
Coconut Grove Civic Club, as well as the Abitare Homeowner's Association, which is our closest residential
neighbor. This Covenant is something that protects the Hammock, which is a 1.2 acre restoration and
maintenance of the Hammock, as well as the preservation of the residential zoning, notwithstanding whether
or not this development goes forward in the future. We have only residential zoning, which is part of this
Covenant as well. We have less density than is allowed. We have 41 units, as opposed to 56. We have less
FAR (floor area ratio) than is allowed. We have 79,320 square feet as opposed to 187,000, which is
allowed. That's literally half the density or the FAR that is permitted. We have a less of a footprint. We
have more generous green space, 22 percent as opposed to 15 percent. We have 20 percent increase
setbacks, both on the Barnacle side as well as the Peacock Park side. There are no variances requested. We
comply with the zoning and Comprehensive Plan for the City of Miami. In favor, we have the Coconut
Grove Civic Club, the Abitare Homeowner's Association, the Coconut Grove Chamber of Commerce, the
Greater Miami Chamber of Commerce, the Beacon Council, the staff, the Urban Development Review
Board, as well as the Planning Advisory Board. I can't tell you the number of hours and the number of
meetings that we have -- my client has taken to meet with all of our neighbors, to meet with all of the
interested civic associations. And it's interesting to note, yesterday's hearing, there were folks who wanted
204 December 8, 1998
us to move the buildings away from the water and into the Hammock and there are folks who want to make
the Hammock bigger. So, I think that we've done the best we can to meet with everybody and to meet as
best we can the concerns of all those who we've met with. We would urge your approval and we'd ask for
any time for rebuttal, if necessary, after the testimony by the other side. And Adrienne has some exhibits
that we would like to put into the record, which includes the resumes of our consultants.
Chairman Plummer: They're so admitted. You have seven minutes of rebuttal. Do I have a list of speakers?
Mr. Walter Foeman (City Clerk): Yes, we're making a copy now. The first speaker is Susan Billig.
Chairman Plummer: Who?
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Lucia, based upon the last hearing -- I've not gone to the site. I've not talked to
anyone from your side or the other side. I want you to know that I have pretty much, in my own mind,
focused on one issue and I would appreciate if you would take a few more minutes and address this one
issue. This preserves your rebuttal time. With your permission, Mr. Chairman?
Chairman Plummer: She has seven minutes of rebuttal.
Commissioner Teele: But I would like to ask her a question now.
Chairman Plummer: Without question.
Commissioner Teele: Lucia, the Hammock. We keep talking about the Hammock. Can you give me the
studies that have been made on this Hammock? What is the temperature inside the Hammock and the
temperature outside the Hammock? And tell me, what are we going to do to preserve and enhance the
Hammock in the context of what a Hammock really is? Is that a fair...
Ms. Dougherty: Yes, absolutely. I'm going to ask Adrienne to pass out to you a package that we put
together for the Urban Development Review Board. And, essentially, we believe that the Hammock is a
point nine acres. That's what a biologist has told us. That's what our botanist has told us, and this is the
botanist that we told you about the last time, that is the former Chairman of Botany at the Smithsonian
Institute. He came here yesterday. He is the Chairman of the Botany Department for the University of
Florida. He has told us that the Hammock is point nine acres. In fact, we're preserving 1.2 acres. There is
testimony, frankly, from the other side, that they believe it's a one point five acres. I have a letter from
DERM that came after your last hearing, that essentially says, "however, the exact size of the Hammock and
precise location of the Hammock boundaries are not defined by their former report, which says one point
five acres. DERM has approved our restoration plan. This is -- you'll see their letter on page -- in tab two,
and on the third -- let's see. On page -- on number five of the first page it says, "DERM has reviewed and
approved the restoration plan. The oaks are relocated in the restoration plan of the area should be planted in
an area devoid of vegetation and where the impacts to the substrata can be minimal. We have agreed to that.
And they also have asked if they could be overseers of our restoration plan, which we have agreed to do. In
addition to it being a condition of your approval and, therefore, a condition of this major use special permit
and would be a zoning violation not to comply with the restoration plan. In addition to that, Commissioner,
we have also covenant with our neighbors, that is, the Abitare Homeowner's Association, as well as the
Coconut Grove Civic Club, which requires us to adhere to the restoration plan and to comply with it.
205 December 8, 1998
Commissioner Teele: Lucia, I'm reading through the report and it does appear to have some technical
aspects. But one of the things about Hammocks that -- I mean, that a lay person -- you know, guy who
doesn't know anything about this botany. I didn't do well in zoology or botany, for the record. Is the
temperature difference between being in the Hammock and outside of the Hammock? What's -- what are we
talking about and what are we going to do to maintain that unique nature that Hammocks have? And if
there's somebody who's more technical, I just would like to understand that.
Ms. Dougherty: I will have that technical person because you are obviously asking a technical question
there.
Commissioner Teele: A lay technical question.
Ms. Dougherty: Mark McMahon, who's our biologist.
Mr. Mark McMahon: Mark McMahon, 6110 Southwest 55th Court in Davie. I'm a biologist with 27 years
of experience, working in Dade County and many of the projects that we work on are restoration of both
upland and wetland sites. Your question consenting the temperature, when we complete the restoration, the
temperature will be maintained on the inside of the Hammock, which is somewhat cooler, not to a great
degree, but somewhat cooler than in the open areas. A major aspect of the plan is to remove a great deal of
what's called noxious invasive plants.
Commissioner Teele: Exotics, yeah.
Mr. McMahon: Yeah, exotics.
Commissioner Teele: They refer to it as exotics.
Mr. McMahon: Yes. And that -- the idea of that is to remove those; to then replant, if necessary, open areas
in the Hammock with species, which historically, occur there, and to return the entire restoration area back
to a much more pristine condition than it's in today.
Commissioner Teele: In a simple yes or no form, when you finish with the Hammock, will it be a higher
quality Hammock in terms, not only of the elimination of the exotic or the...
Commissioner Sanchez: Non native plant.
Commissioner Teele: Non native plants -- thank you, Joe -- that you've described, but will you also plant
native plants that will increase the cooling capacity or the natural cooling capacity of the Hammock?
Mr. McMahon: Yes. And in the restoration plan, which has been...
Commissioner Teele: Can you just show me anywhere in the documents -- and I'll be through -- where you
are going to improve the Hammock and plant this to improve the quality of the Hammock at a later date, just
for the record?
Mr. McMahon: Yes. No, there is a restoration plan, which was submitted to the URDB (sic) and I also to
the Commission, which specifically goes through the details of the plan and what's going to be planted and
how it's going to be done.
Commissioner Teele: Thank you.
206 December 8, 1998
Chairman Plummer: Would you mark the spot...
Commissioner Sanchez: Wait.
Chairman Plummer: Would you mark the spot with an "x" where thermometer is going to be?
Commissioner Sanchez: Dr. Teele? Are you done, Dr. Teele? If you may yield. Mr. Vice Chair, I have a
question for Lucia. Lucia, how much...
Chairman Plummer: I'm Chairman.
Commissioner Sanchez: Mr. Chairman.
Chairman Plummer: King.
Commissioner Sanchez: King, grand puba, the old timer. How much money will this generate for this City
when it's completed and...
Ms. Dougherty: We have done a chart and, as you can see, during construction and -- there is an
employment benefit of thirty-six million dollars ($36,000,000), permits and other fees at two hundred and
thirty-six thousand dollars ($236,000), property taxes annually is a million one hundred thousand dollars
($1,100,000), and economic value, in years to come, from the families of the folks living there will be four
million two hundred eighty-three thousand ($4,283,000).
Commissioner Sanchez: Four million?
Ms. Dougherty: Two hundred and eighty-three thousand.
Chairman Plummer: OK. We're now ready to -- can you take those things down? I'd like to see the people
that are throwing rocks at the Commissioners. We're going to start off with the lady who really knows how
to throw rocks, Mrs. Billig. Where are you? I'll ask all of you to start off, please, by giving your name and
your mailing address.
Ms. Susan Billig: Susan Billig, 3595 Avocado...
Chairman Plummer: Excuse me. Start the clock. Each speaker has two minutes.
Ms. Billig: Avacado Avenue. And I'm not throwing stones. I'm not going to get into the legality of this or
the environmental thing. I found something in my daughter's journals that I want to read. It will not take
longer than what I've been given. This was written in 1974. I think it's very important for everybody to
know that. My daughter was abducted that same year and murdered, but this is what she has in her journals.
"I went to a meeting last night at City Hall. The City Commission was voting on giving permission to
Florida Power & Light to build a power sub station on Marian Shipping here in the Grove. There were so
many people there to protest, they had to vote against it. I was so proud when some of my friends got up to
speak. The Grove can still be saved from more high density buildings, high rises, and such. And the beauty
of this village can still be preserved. All it takes is a little community action like I saw last night. People
must get involved in this community. Otherwise, they will have no right to complain about the burden
goldbirds and the sailboat keys and there won't be any community left to save. I love it here. At night I can
see possums and raccoons outside my window and fantastically lush greenery surrounds me. Old beautiful
207 December 8, 1998
homes are everywhere and there's an exciting history to this place too. It will be a shame to see all of this
disappear. Sailboats and seagulls, sunshine and smiles. Thank you.
Chairman Plummer: Thank you, ma'am. Mr. Bob Smith. I'm going to ask each one of you, please, try not
to be repetitious.
Commissioner Teele: Call the next speaker.
Chairman Plummer: Next speaker is Juanita Green, after this gentleman.
Mr. Bob Smith: My name is Bob Smith. My mailing address is 7643 Southwest 71st Avenue in Miami.
Last night the UDRB approved or granted a Certificate of Approval. In part, it would appear on the basis of
the commitment of the developer to preserve the Hammock, including restoration of natives and removal of
exotic species. The issue, as I see it...
Chairman Plummer: Excuse me, sir.
Mr. Smith: ...is that the application...
Chairman Plummer: Excuse me, sir. What's with the clock? Proceed. You got some extra time.
Mr. Smith: OK. The application for Major Use Special Permit itself was, in August of this year, to delete
the very lots -- the upland lots to Main, lots one through three on that plat, from the application for the
Major Use Special Permit. It is not clear to me how then the permit itself, which you're being asked to
issue, could be a vehicle for the preservation of the Hammock because the permit won't cover the very lots
which are subject to preservation. That leaves between the preservation of the Hammock and the
destruction of the Hammock a single agreement with private, adjacent landholders that would not appear to
be a very strong or viable protection for this Hammock. That's all I have to say.
Chairman Plummer: All right. To the administration, you've heard the contention. You can take your chart
back, sir.
Mr. Smith: OK. Thank you.
Chairman Plummer: Sarah, you have any comments to bank on what he has just stated?
Ms. Sarah Eaton (Preservation Officer): I wish someone from Public Works were here but, as I recall, that
was a tentative plat that was approved but was never recorded. What is subject to the Major Use Special
Permit is a single lot..
Chairman Plummer: Mr. City Attorney?
Mr. Joel Maxwell (Assistant City Attorney): I'm not aware of that particular problem, sir.
Chairman Plummer: All right. We'll look into it while, in fact, others are speaking. Juanita Greene. The
next speaker after is Holli Farmer. If they would come up to the other microphone, please. Juanita, for the
record, your mailing address.
Ms. Juanita Greene: My name is Juanita Greene and my mailing address is 700 Biltmore Way, Coral
Gables, Florida.
208 December 8, 1998
Chairman Plummer: Yes, ma'am.
Ms. Greene: I'm here to tell you that the problem -- the major problem with this piece of property is that, if
you allow it to be a developed, you will be breaking a promise with the people. It was a very definite
promise that was made 13 years ago when the state agreed to lift some of the deed restrictions on Bayfront
Park to allow Bayside. It was specifically stated in the documents that, in return for giving up this valuable
piece of public waterfront, government, meaning the State, the County, and the City together, would buy
this piece of land. I beg you, do not break your trust with the public. Especially, 13 years later, when we
have lost so much more of our ocean -- our waterfront. The money to buy this property is there. The
purchase is on all the vital purchase lists. You may not be legally bound, although it's hard for me to believe
you're not legally bound, to purchase this property. You, the State and the County. But I want to say that I
do believe that you are certainly, morally bound to purchase it. Thank you.
Chairman Plummer: Holli Farmer, and the next speaker looks to be -- is it Blanca Mesa? Am I close?
Blanch? Could it be Blanch? Blanca is back here. You're the next one, after Holli. For the record, your
mailing address, please.
Ms. Holli Farmer: Thank you. My name is Holli farmer and my mailing address is 8260 Southwest 27th
Street. My husband and I are members of the Barnacle Society and have been citizens of Dade County,
Miami -Dade County for over 12 years. We've both been active in the community and feel a sense of
responsibility and stewardship about our adopted home, Miami. Miami has grown tremendously but not
always with vision. Regions of Miami have been the beneficiaries of good ideas. Some regions have been
short changed. Scores of citizens -- and I've spoken to you about this issue -- have verbally agreed with me
about saving this property. In unique region, like the Coconut Grove Coastline and Community, the land,
the owners, and the shop keepers cannot afford to suffer anymore congestion. Additionally, walking areas
to shop and eat are what tourists like. They're not interested in minimal charm or something other than a
small neighborhood feel. Coconut Grove is not Doral and its country club. Coconut Grove is special, at
least now or still. The Grove has the possibility of evolving into something like a Wood's Hole in
Massachusetts or a Mystic Seaport in Connecticut or Kenny Bunk, Maine. Please leave us with a sense -- is
that my time? Yes. Not quite. OK. The 6.5 acres being discussed here is only one of the three remaining
Hammocks, as you know, in the City. This makes it a potential preserve, much like the Boston Public
Gardens in Boston or Manly Park in Sidney's Harbor, Australia. All these places are famous and bring in
major cash. Please consider very carefully the image and sense of place we all will benefit from most, the
children, education, outdoor sculpture, parades, speeches from pulpits, income from competitions and
visiting groups to fill the hotels and the restaurants, more tourists, more access to beauty and, therefore, lots
and lots and lots more money over the years for everyone. Something that we should really consider deeply.
Thank you.
Mr. Maxwell: Mr. Chair?
Chairman Plummer: Proceed.
Mr. Maxwell I would like to, again, advise the Commission that its decision today must be based solely on
the criteria and standards for approval or disapproval of a Major Use Special Permit, which is the
application presently pending before you. It contains several subsidiary permit requests but nowhere in
there is there any criteria, which would be -- which would require you to determine or make a decision
based on ownership of the property or acquisition of the property. Therefore, such discussions would only
serve, as I have advised you in the past, to corrupt the record and place the City in legal jeopardy.
Therefore, 1, again, advise you that that is not a subject for discussion, why this matter is depending on this
209 December 8, 1998
date, and you should disregard any such discussion as irrelevant.
Chairman Plummer: Well, are you then instructing the members of the public that that is not a viable
discussion?
Mr. Maxwell: On the matter pending today, that's correct, sir.
Chairman Plummer: All right. The public be admonished...
Ms. Blanca Mesa: All right. We haven't done anything bad.
Chairman Plummer: All right. Blanch, you're next, and after you is Judy Gail.
Ms. Blanca Mesa: Or Bianca or Blanca Mesa.
Chairman Plummer: OK.
Ms. Mesa: Which is my given name. My address is 544 Fernwood Road, Key Biscayne, Florida. I just
want to -- I think that they're still checking on that legal description. The concern being that there's a lot of
talk here about the Hammock and we have found that the application was amended in August. And I just
would like an explanation from the developers as to why a different legal description was submitted months
after the original, which actually exempted those parcels, one, two and three, which is where the Hammock
is. And if this board is considering protecting that Hammock, because it is an environmental protection
district, which is afforded the highest protection, we want to make sure that any agreements are legally
binding and it's not just a private agreement between -- which we haven't seen. The public has not seen the
agreement between the Coconut Grove Civic Club or Abitare, so we don't really know how we're being
protected in the Hammock, since that is the commercial frontage property where the Hammock is. It's very
important that we either have a conservation easement, so that it's eternally protected and not just part of a
developer's promise. As we see, that doesn't always work. In this case, for example, the developers were
able to avoid shoreline review development. They actually had to go before the County, which protects our
visuals of Biscayne Bay, which is considered -- Biscayne Bay is considered a County aquatic park and
conservation area, so we want to protect the view. In fact, in this development, we will have massive
buildings on the waterfront next to two public parks, Peacock Park and State Historic site. You look at
those designs. They avoided the review, the Shoreline Review Committee, because they didn't want that
kind of look. The staff at the County actually denied the request for that exemption. They said that it was
inappropriate. It was a massive project and they should go through shoreline Review, but they were able to
get out of that by appealing it. In this case, what is on the record, which is part of Sarah Eaton's file, is, in
fact, the 1984 resolution. This is part of the record, so I'm just speaking about what is in the official record
that says the City was committed -- and I want to say something -- to purchase this property. What I have
here today to present you is a letter from the Sierra Club, which I will pass out, to the Attorney General,
citing the 1985 agreement. And if you approve this project, you do it at your own risk because the Attorney
General has said that they would sue if you violate that agreement. And it doesn't just appear for this
property. There's a long term commitment this City made, signed. You don't have to take my word for it.
The truth is, that there's someone in this room who's intimately familiar with that agreement and her name is
Lucia Dougherty, and she represents the developer. In 1985, she represented this City, intimately involved.
And there is a conflict of interest here, where she -- it's a violation to Florida Bar rules.
Chairman Plummer: Mr. City Attorney.
Mr. Maxwell: The agreement that they're speaking of deals with the subject matter that I said was irrelevant
210 December 8, 1998
to these proceedings, Commissioner. I would suggest that this document not be entered into the record.
Ms. Mesa: If it's irrelevant, why is the resolution...
Chairman Plummer: Ma'am, ma'am, your time is up.
Ms. Mesa: OK.
Chairman Plummer: OK.
Ms. Mesa: Just wanted to put it on the record. Thank you. But I do want to just finally say that that
agreement is part of the public record and should not be excluded. Government gave its word and it should
stick to its word and the Attorney General will make sure you do. (Applause).
Chairman Plummer: After Judy Gail, the next speaker is Tim Murphy.
Ms. Judy Gail: Judy Gail, 13411 Southwest 112th Lane, Miami, 33186. Commissioners, if you're
wondering why I am dressed in this Victorian outfit, it's because I come here not just as Judy Gail but to
represent one of the finest people that ever lived in Coconut Grove and her name was Mary Bar Monroe.
She was not the wife of the Commodore but of Arthur Kirk Monroe. And I would like to go into her
persona to say that, as Mary Bar Monroe, I founded Royal Palm Park, which you know today as Everglades
National Park, the Coconut Grove Library, the Tropical Audubon Society, and I can honestly say that I think
any egrets that are left here today are thanks to what I did. I am a member of the Florida Humanity Council
Speakers Bureau, and I travel from one end of this state to the other, speaking to the very young up to the
very old, and telling them about the wonderful history of Coconut Grove. And I envision in that Hammock,
one of the last remaining pieces of land that we pioneers cared so deeply for, a beautiful place where tourists
could come and see history. And I think we need to leave a legacy, not just let money speak to us. What are
we teaching our children when beauty and nature and history, that could be shared by all, becomes the title
of only the well-to-do and keeps the rest out. This place is so rich in history. We must preserve it. And as
my feisty tongue had it in the past, I say now, I had to speak my mind. I thank ya. (Applause)
Chairman Plummer: After Tim Murphy is Barbara Lange.
Mr. Tim Murphy: I'm Tim Murphy, 3838 Douglas Road in Coconut Grove. I just have one quick follow-up
on a question that I didn't see anybody jump up to answer a minute ago from Bianca or Blanca about
whether or not these promises to maintain the Hammock are covenants running with the land in perpetuity
for the owners or are these just agreements by the developer, which might disappear?
Ms. Dougherty: Two things. One is that we have a complete legal description, including all of the property
that is subject to this Major Use Special Permit and, therefore, it is a condition of this Major Use Special
Permit and, therefore, would be own zoning violation if we violated it. Secondly, that legal description is
the same one that is attached to our covenants running in favor of the Abitare Homeowner's Association, as
well as the Coconut Grove Civic Club, which has those kinds of requirements and not only those but many
others as well.
Mr. Murphy: And those run in perpetuity to the future owners of the land?
Ms. Dougherty: Absolutely.
Mr. Murphy: OK. Thank you.
211 December 8, 1998
Chairman Plummer: Thank you, sir. Barbara Lange. After her is Michael Ray.
Ms. Barbara Lange: Barbara Lange, 3495 Main Highway, Coconut Grove. I live in Abitare. I'm going to
hand out the Abitare site plan. You'll see that there is a pool down where the Barnacle is, so there's a break
in the areas. There's breaks in between the units. There's height differences in the units. I don't think they
did a very good job of designing this and preserving the trees, and I'd like to see more of the trees preserved.
As far as the covenant that Mr. Murphy just spoke of, I'd like to see that in the Major Use Special Permit
that they -- that you place a covenant to ensure that the Hammock is preserved and managed into perpetuity.
Also, I would agree with DERM's six. I believe they should go into the Major Use Special Permit as
conditions also. What I need -- what also DERM mentioned that there's one point five acres of hardwood
Hammock. I'd like to see them take out the tennis court and preserve that as a hardwood Hammock and I'd
like to see that in the Major Use Special Permit. One more thing. Ms. Dougherty mentioned that DERM
recommended this project. DERM did not recommend the project. They made recommendations to the
City of Miami. They did not recommend it. Also, I noticed, the last time I checked the certificate for tree
removal, that there were some things missing in it. The site plan was at a minimum scale -- was not at a
minimum scale of one inch to 20. They were missing photographs. They -- it requires two photographs
actually showing the general landscape character of the site and at least one photograph showing each tree
proposed to be removed. Each photograph should be clearly labeled. This way, if you saw the trees that
they were trying to remove and where they were going, you'd have a better idea of what they were doing.
Thank you very much. And I hope that you add those conditions to the Major Use Special Permit, if you do
approve it.
Chairman Plummer: Next is Michael Ray, and after Michael is Robert Shanbrom.
Mr. Michael Ray: Thank you. Michael Ray at 124 South Miami Avenue. First, I would take issue with the
advice given by your counsel, that it's irrelevant, the possibility of the City or anyone else acquiring this
property. Specifically, under Section 1703 of the Zoning Code, you're mandated, before you can approve
this request for a special permit -- use permit, that you all shall state the quote "based on its determination,
the public welfare will be served by the proposed development." Well, in this case, it would not be and it
would best be served by doing what the City promised to do 13 years ago, which is to acquire the land. We
hear about covenants between the owners and the Civic Club and Abitare. What about the covenant
between this City and the people of the city, that have promised that it would make this park and preserve it,
in a deal that it made with the State to do the same? I ask, why hasn't this been done? I hear that we have
no money. Well, I talked to the County. According to Emily Young of the EEL Program, the Endangered
Lands Division, they have five point six million dollars ($5,600,000) sitting in an account to spend on this
track of land to make it a park. All along you hear people saying -- even the owners have been quoted, the
City, everyone, wouldn't it be great if this were a park? Well, it can be if you all would sit down and try and
work it out. If people -- the State says they have matching funds just sitting there waiting to spend to buy
this land as a property. My question to you all is, where have you been? We've been asked every time we
come here, where have you all been and why didn't you try and save this land before? I'd like to turn that
around on you all. Where have you all been? It's time for you all to sit down and try to work this out and
make everyone happy, and that can be done and there doesn't need to be litigation. There needs to be
resolution to save this as a park and you can all do it and make everybody happy. So, please do it.
(Applause)
Chairman Plummer: Thank you, Mr. Ray. Mr. Robert Shanbrom and the next is Terrence Coulliette.
Mr. Robert Shanbrom: Hi. My name is Robert Shanbrom. I'm a 23 year resident of South Florida and I've
owned a...
212 December 8, 1998
Chairman Plummer: Mailing address, please.
Mr. Shanbrom: Yes, 1869 Southwest 17th Street, City of Miami. I've owned that property for about 18
years and, in about a month, I won't own it anymore. I'm leaving Dade County. And this probably is one of
my last public statements or political statements that I'll make, and I think this is a very good time to explain
why I'm leaving Miami, which is, the place I'm moving to, Monterey, California, have an extremely good
conservation attitude. They own -- there's public city parks everywhere you go. The outcome is that homes
there are incredibly expensive. We'll have to struggle to be able to buy a broken down home for three
hundred and fifty thousand dollars ($350,000) out there, but people want to live there and the reason they
want to live there is because it's so beautiful and so well-preserved. We're so worried about having the chart
here about economic development, but what about all the economic development that doesn't show in
people's appreciation of their home values because they like to live in a place? Take the City of Carmel,
which is synonymous with privilege and wealth of any -- comparable to any community in the U.S. The
entire City -owned waterfront is City Park. Everybody can walk there. Everybody can look out over the
beautiful Pacific Ocean, walk among the Monterey cypresses. And here, everything I've ever enjoyed -- I
ride my bike over Key Biscayne three times a week. I enjoy Virginia Key. I've enjoyed the Barnacle. All
that is under extreme challenge. Nothing of it is being preserved. Everything is solely being degraded, used
up, and destroyed. Well, I don't want to live like this and I'm leaving, but I hope that this Commission can
do something to preserve this quality of life that's so rapidly vanishing for the few friends that I leave behind
here. Thank you. (Applause)
Chairman Plummer: Thank you, sir. Terrence Coulliette and Neil Kolner is the next speak.
Mr. Terrence Coulliette: Terrence Coulliette, 3485 Maine Highway in Coconut Grove. As you can
probably gather, I'm the Manager of the Barnacle State Historic Site and I'm here to put on the record that
this state neither opposes nor endorses this development, as such, but I want to say that the state has
expressed an interest and just continues to express an interest, desire and ability to purchase the property to
expand the Barnacle, if it's so approved. Thank you. (Applause)
Commissioner Gort: Sir, let me ask you a question. Do you keep a log of how many people visit your park?
Mr. Shanbrom: Yes, sir.
Commissioner Gort: Of the Barnacle? What's the daily visits there?
Mr. Shanbrom: At this past year, our visitation about 22,000 visitors, mostly students, school kids..
Commissioner Gort: OK. Students from the school system?
Mr. Shanbrom: Mostly the school system and 22,000 visitors per year.
Commissioner Gort: OK. Thank you. Thank you.
Chairman Plummer: Neil Kolner and the next one is Neil McAliley.
Mr. Neil Kolner: Neil Kolner, 124 South Miami Avenue. Commissioner Teele, at the last time that this
matter appeared before you, you were quite concerned about the promises that the City may have made in
the past. Despite what the City Attorney may have told you, I don't believe that you cannot consider that
promise. I believe you have an obligation to consider it. And inasmuch as you expressed the desire that this
213 December 8, 1998
be investigated as to the promise that was made, you also have an obligation, as this board, under the Zoning
Code, Section 1703, to consider -- that you shall consider several things and among them is whether the
development on this proposed MUSP (major use special permit), whether the development will have a
favorable impact on the environment and the natural resources of the City. This is the last space on the Bay
that is undeveloped in Coconut Grove like this. And you also have to consider whether the public welfare
will be served by the proposed development. I ask you, Commissioner Teele, how is it that, if this board
promised to purchase the land to create a park, how does that serve the public welfare if you're on the verge
of approving it for 41 luxury residences? That's not the public interest. That's not the public welfare. You
have to consider whether this has a favorable impact on the environment. You know, as beautiful as this
architect's drawings are that you -- that are paraded in front of you and all of the experts that have come
before you, that the developers have paid for, it doesn't change the basic fact. This is the last undeveloped
spot between two parks on Biscayne Bay and that's what Ms. Commodore spoke to you about, and I urge
you to listen to what she had to say. Her spirit lives on and it lives on through this Commission and you
ought to let it live on through perpetuity as a park, despite what the City Attorney may tell you. This is what
this land is for. It's not for 41 more luxury high-rises. Thank you. (Applause)
Chairman Plummer: Neil McAliley, followed by a great lady of this community, Janet McAliley.
Mr. Neil McAliley: Thank you, Mr. Commissioner. My name is Neil McAliley. I live at 3880 Irvington
Avenue in Coconut Grove. I'm struck by listening to this discussion here. How much we're talking about
the trees and missing the forest, so to speak. We can talk about the Hammock. We can talk about tax
revenues but I think we're missing the big picture and that -- the big picture is what I see as the following.
You have a Historic State Park and you have Peacock Park, which actually, even though it's mostly used for
a baseball field, it's also historic park. And you're about to approve building a four-story wall between those
two parks. That will have a negative impact on the public amenities of those parks and that's not just an
impact to private property owners next door. Those are -- that is public property that we own and that you
manage it and trust for us, the citizens. I think that that has a significant negative impact and I think that's
why so many people are here and are so upset by the idea that you would allow this to happen. But I have to
tell you that I think that doing -- allowing such a development of this kind of intensity, I think, is a mistake
for the economics and the future of the City, and that is -- and here is the reason why I think that's true.
Coconut Grove works as a place for people want to come and as a center for economic development because
it has some basic structural elements that I think are outstanding. They include: It has a pedestrian -oriented
visitor center; it has an open waterfront; it is history, and it is parks. And, basically, because it has all these
elements together, you look at it as a whole. I think it has the qualities that make people want to come. It is
the qualities that make Miami a different place, a special place, the unique, indispensable City in Dade
County. And by allowing developments like this to go forward, that are this intense, that are putting in
luxury town houses for people who have so much money, I would speculate, are very unlikely to actually
live there full-time. I think what you're doing is, you're undercutting some of the basic elements that make
the Grove work. You're taking away the waterfront. You're impacting on the public parks. You're also
taking away a sense of history. And I think what you're doing is, you are killing the goose that laid the
golden egg. You are undercutting the basic structure of the Grove that, I think, is the basis of economic
development. And I would just want to respectfully submit to you is that, it is a mistake to just look at the
trees and the Hammock, though they are important. I think it's a mistake just to look at how much tax
revenue you would get from this specific property, although that is important. You have to look at the big
picture and in the big picture, this is a mistake. Thank you. (Applause)
Chairman Plummer: Mrs. McAliley, you will be followed by Sally Jude.
Commissioner Teele: Tell me you're no kin to him.
214 December 8, 1998
Ms. Janet McAliley: Tell me what?
Commissioner Teele: Is that your son?
Ms. McAliley: That is my son, a product of the Dade County Public Schools.
Commissioner Teele: God, let me tell you. Would you like to hold on to my son for about another year
here? He's doing well but I tell you, that was a very dynamic presentation and you should be so proud of
him. (Applause)
Ms. McAliley: I am. Thank you, Mr. Chair. My name is Janet McAliley. I live at 3 Grove Isle Drive,
Coconut Grove. Sunday I was with a small group at the Barnacle removing exotic plants from the
Hammock. It gave me an opportunity to look at that property in relationship to the proposal that's before
you today. What the plan is, I'm sure you know, includes a large amount of fill, six feet of fill I'm told, on
the low lands of the property that slopes down to the bay. And then the plan is -- of course you know -- is to
put 41 four-story buildings on top of that six feet of land fill. The land fill will interfere with the growth of
shoreline vegetation, including mangroves that are important for the regeneration of sea life in the bay and
for the health of the bay. This is not in the public interest. I know how hard it is to sit and listen to people
like us urging you to do conflicting things but -- because I've been there and done that too and I appreciate
your listening to all of us today. But you will distinguish yourselves in your performance, as public servants
here, if you don't just listen to the dollars and the cents and the arguments of the developers, but that you
vote in the interest of the people of Dade County and the City of Miami, and that vote today is a no on this
proposal. Thank you. (Applause)
Chairman Plummer: After Sally Jude, the speaker will be Oliver Bernstein.
Ms. Sally Jude: Sally Jude, 200 Edgewater Drive, Coral Gables, Florida. I have been a part of the team that
has worked on this acquisition for close to 15 years and I guess my biggest question and why I feel so
perplexed is, what happened to our city in this acquisition plan? Why didn't we go forward with the state in
concert in making this happen? I think we need to examine those things and look for a solution that falls
within that whole program. We did something very, very wrong through the years that this hasn't become
public property and that we're here today looking at it as another problem.
Chairman Plummer: Thank you, ma'am. After Oliver will be Tyler Schwartz.
Mr. Oliver Bernstein: My name is Oliver Bernstein. I reside at 3608 Royal Palm Avenue, Coconut Grove.
Esteemed Commissioners, I am president of the Environmental Club at Ransom Everglades School, located
just blocks from the property in question this evening. I'm speaking to you tonight on behalf of students.
Our students, you'll not disagree, are the future of Miami. My classmates will one day be in your place,
confronted with decisions as difficult as this one. But we need your help to preserve our natural areas for
us. Commissioner Teele, you spoke of the Hammock temperature in the natural Hammock. By allowing
the developers to steam roll the six point three acres with 41 luxury town houses, there is no way to save this
Hammock. I'm a lay person also and do not understand everything about the Hammock but I know that, by
allowing these palaces into it, you would be showing your disregard for my future and the future of this
City. Commissioner Sanchez, you asked about the economic benefits to the City. I live in the city. I follow
your meetings. I understand your concern. However, we need to look at the environmental disruption this
project would bring. The developers clearly do not fathom the extent of this destruction they will cause.
The bottom line is, approving this project would benefit 41 extraordinarily wealthy families. Stopping it
would save my future. Thank you. (Applause)
215 December 8, 1998
Chairman Plummer: After Tyler Schwartz is John de Leon.
Commissioner Teele: How many more people?
Chairman Plummer: We have 15 more speakers.
Mr. Tyler Schwartz: I live at 41 Arvida Parkway..
Chairman Plummer: And excuse me. And then rebuttal from the applicant.
Mr. Schwartz: I live at 41 Arvida Parkway. My name is Tyler Schwartz. I represent Youth Environmental
Senate. I'm the Vice President of that organization. Respected Commissioners, remember that promise you
made to us in 1985, the people and the citizens of Miami, about building a Bayfront Park in place of
Bayside? The development Cloisters On The Bay is opposed by the environmentally conscious students of
South Florida. The Youth Environmental Senate represents the private and public schools of Miami. The
main reason we opposed the lofty developer's decision to build 41 homes with elevators, swimming pool,
tennis courts, et cetera, is that we, as students of school in Miami, want a uniquely, special state park to
improve the degraded quality of life we have here. The historical and peaceful refugees kids in Miami have
to plan are way too limited. The Dearing Estate, the Dock Thomas House, the Miami River Inn, the
Barnacle -- well, it seems to stop here when it comes to Miami's last living heritage that is barely alive
today. Please, as I represent those doing homework tonight, please listen to our call for help in making this
historic land, with many trees, hundreds of years old, a part of our lives as students in the South Florida. I
personally like quiet, peaceful places to be in order to learn about the world I live in. I believe the world is
too much with us, as a respected poet, William Wordsworth once said. This means the world being
developers, concrete and a lack of history that non -esthetically exist today, unfortunately. Please listen and
act on this call. We beg for help in making this land part of the real and beautiful heritage in Miami. The
students in their junior and senior years have a vote for your success in the future. As the Youth
Environmental Senate's goal is to expose, educate and unite the student body of South Florida, your goal
should be to help the future of Miami by giving us the quality of life we plead for. We will not have
anything else. Thank you. (Applause)
Chairman Plummer: Thank you, sir. Mr. John de Leon and the speaker after you, sir, is Mr. Dave Block.
Mr. John de Leon: Good evening. My name is John de Leon. I live at 10295 Collins Avenue in Bal
Harbor. I have a -- I oppose the addition of the Cloisters to the property in question. I have a question for
the City Attorney and for Ms. Dougherty. I'm reviewing Rule 4-1.11 regarding successive government and
private employment in relationship to attorneys who -- a private client by former public official or
employee. In the agreement entered into with the -- between the City of Miami and the State of Florida, I've
noticed that Lucia Allen Dougherty was City Attorney and is the one who entered into the agreement for the
City of Miami. Ms. Dougherty is currently representing the developers in this current project. I'd like to ask
the attorney for the City and Ms. Dougherty if there's any conflict of interest and what impact that would
have on the development?
Chairman Plummer: Finish -- you're finished then, sir? Mr. De Leon: That's it.
Chairman Plummer: All right. Mr. City Attorney, you...
Mr. Maxwell: Under applicable laws, Ms. Dougherty can come back before this body after she's been away
for two years. That's under Chapter 112, Florida Statutes, under City Code and under Dade County Code. I
don't see any conflict of interest represented by the document that this gentleman referred to, in the fact that
216 December 8, 1998
Ms. Dougherty is now before this City based on information that I have available at the moment.
Mr. De Leon: Can I provide this to you?
Chairman Plummer: I'm sure glad you guys know all those numbers because you lost me. David Block.
And after him, Phyllis Gross.
Mr. David Block: Commissioners, Mr. Mayor, I had a prepared statement about all of the economic
benefits to the City but I was sitting here listening -- my address is 2601 South Bayshore Drive, Coconut
Grove. But after listening to various folks talk about the environmental benefits of making a park, I think
that there's another side to this that goes all the way back to the founding fathers. They were all land
owners, Washington, Jefferson. Daniel Boone was a land speculator.
Commissioner Teele: Be careful. They owned a lot more than land.
Mr. Block: But the constitution and the Bill of Rights protects -- it was a very fundamental right to protect
private property from confiscation by government because they had enough of that under England. Recent
immigrants from Cuba and Nicaragua are probably more sensitive than those of us who have forgotten what
government can do to someone's private property rights. It's a wonderful thing to have a park there. Connect
the Barnacle to the rest of Bayfront and have these beautiful view corridors, but not on the backs of
particular land owners. You spread that over the taxpayers. People have a right to rely on the laws that
exist and they have a right to do with what they want with their property under existing zoning laws. It's a
fundamental right to both enjoy your private property and there's balancing of interest, but the best way to
do that is through due process and to pay a fair and equitable price for property and sometimes people, in
their zealousness, forget that balancing of interest and after 13 years, I think it's time to grant these people
what they're legally, constitutionally entitled to. And then if -- based upon that -- those values, based on
what they can do with it, if the State and the City can come up with it, while they go through the process,
that's fair. Otherwise, it fraught with risks. And so one vote for property rights and environmental
sensitivity.
Chairman Plummer: Thank you, sir. Mr. Phyllis Gross. The next speaker after is Greg Bush.
Ms. Phyllis Gross: My name is Phyllis Gross. I live at 2901 South Bayshore Drive. I've lived on South
Bayshore Drive for 26 years. I'm really sad to hear so many people that are unhappy here because I think
that the Grove has become better and better with more construction and more wonderful things for people to
do. It looks better. It feels better. It's safer. It's wonderful. And I'm happier every time they build
something and I think it would be wonderful to see something else happen here that would feel good to us
and make the Grove feel better. And, as far as Commodore Plaza is concerned, it's really suffered, as a lot
of the construction came toward South Bayshore and I think, as they start to put more homes in there, I think
that that area will come back. Coconut Grove Theater will do better and I think everything there is going to
benefit. So, I hope that you go forward with this. Thank you. (Applause)
Chairman Plummer: I think this man has the only camera that takes 80 pictures in one roll of film. Mr.
Bush, after you is Mr. Greg Doster. He's taken 82 pictures, I've counted them, on one roll of film. God
bless. The economy is with us.
Mr. Greg Bush: My name is Greg Bush. I live at 6261 Coral Lake Drive in Miami. And I walked through
this property several days ago and it's extraordinary and I could feel what buildings there will be like. You
will be ruining, not only that land, in my opinion, but you'll be ruining two other pieces of land. And there
was the original agreement in 1985 so that Bayside, in one sense, is another park. So, there are four pieces
217 December 8, 1998
of potentially public land that are affected by all this action. Let me also, if I may -- because I'm very
concerned about the lack of history that we have of our parks and our public spaces in this area. We don't
know it. It's never been written. And I'd like to read you, if I may, one very short piece from a 1985
meeting of the State Cabinet, in which one of the speakers said, "Governor, let me indicate to you that in the
original agreement, the priority item will be agreed to by the City once again and that is the property
adjacent to the Barnacle. As you know, there is the desire of the public in the City of Miami that that
property not be developed by a private developer; that it be acquired as a park and we are now into that
negotiation. We would agree to it in this lease, that that would be the priority acquisition from the first
monies of this fund." Mr. Plummer, those remarks are yours.
Chairman Plummer: Yes, sir. And I think, you know, it's right now the time that I've got to tell you and
others. You know what happened? I went up there and I represented this City and I fought like hell to get
this thing on the Coral Committee in Tallahassee and you know what? There's a thing up there called
Friendly Taking and only the State of Florida will allow Friendly Taking. And what does that mean? You
get two appraisals. You add them together and you divide by two and the maximum money the State will
expend beyond that is 10 percent.
Mr. Bush: My understanding, that there's no...
Chairman Plummer: We -- may I finish, sir? I allowed you
Mr. Bush: Sure, sure. Excuse me.
Chairman Plummer: We came back here and we tried to negotiate a deal. Unfortunately, the owner of the
property must have felt there was titanium buried there because under no circumstances would he agree to
sell the property for anywhere near what that property was under Friendly Taking, including the City, the
County, and the State of Florida. So, don't -- you know, I've heard this so many times, that the City didn't do
anything. I personally went twice to Tallahassee. I fought to get it on a register for appraisals, which it was
not anywhere near. I got it on the appraisals, which they did. We went back up there to try to take it under
the Friendly Taking. The State said we cannot. Our hands are tied. And so I'm telling you, sir, yes,
Commissioner Plummer made those statements. He made them here in these chambers and he made them in
Tallahassee in front of the DCA (Department of Community Affairs).
Mr. Bush: Sir, my only comment...
Chairman Plummer: And we tried everything humanly possible.
Mr. Bush: ...is that slavery took hundreds of years to eradicate and I think you can do harder -- you can
work harder to try to do something about this land. Thank you. (Applause)
Chairman Plummer: Thank you, sir. Mr. Greg Doster and after that, our friend, Erika King.
Mr. Greg Doster: Commissioners. My name's Greg Doster. I live at 327 Mayorca Avenue in Coral Gables.
This is the same place I'm supposed to be right now cooking dinner for my fiancee. I met her at the
Barnacle, the music by moonlight series that they have there. And I hope one day that my kids, our kids
have a chance to go to the Barnacle and, hopefully, the land adjacent to it and meet their fiancee. I don't
know about DERM. I don't know about Hammocks and planning communities. This all looks very, very
pretty. I don't know anything about that. I know about the promise that was made to the people of this City,
of this County. I agree with the speaker who just passed, who said that we can work harder to make this
happen. Understanding you spent a lot of time trying to make this happen. I appreciate it. The other people
218 December 8, 1998
of this County appreciate it. But here's the thing. In light of all that has happened with the City of Miami
government in the past year, this could be a tremendous boost to the image of the City of Miami, the fact
that you're trying very hard. And I just ask that you put this aside. You don't approve it just yet. That you
give the City of Miami a chance to do what is right. The people of the City of Miami to do what is right.
Otherwise, I will be back here, hopefully with an amendment, a proposal, to change the name of Coconut
Grove to Coconut Concrete because that's all we're going to have. And I will support Ms. Gross in a vision,
an absolute visionary idea of paving everything, everything. Billboards and concrete, as far as the eye can
see. That is a beautiful idea. I hope you put a stop to this. You give the people of Miami a chance to try
and make this work. Thank you. (Applause)
Chairman Plummer: Thank you, sir. After Erika King is Barry Alberts.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: The other gentleman that was just speaking, please.
Chairman Plummer: That is Mr. Doster.
Commissioner Teele: What's your fiancee having for dinner tonight?
Mr. Doster: She's actually having fish that I caught in Biscayne Bay, which, after this -- with the increase in
building and pollution that Biscayne Bay is suffering, I don't think my kids are going to be able to do that
either. You said yourself earlier that we have to stop taking from public parks.
Mr. Maxwell: Comments have to be on the record, Commissioner.
Mr. Doster: ...made a public park.
Chairman Plummer: OK. I don't think we have to worry about the fish on the record. Erika, after you is
Barry Alberts.
Ms. Erika King: Good evening. My name is Erika King and I live at 3121 Commodore Plaza, Penthouse 2,
directly across the street from this property. I have lived here and done business here for almost 30 years.
This property lies in the center of the urban and commercial village of Coconut Grove, facing Commodore
Plaza, which was once the upscale shining star of the Grove's Business Center. Even though this property is
partially surrounded by parks, we do not need another park in Coconut Grove. We have 15 parks in
Coconut Grove, 86 acres and that does not include the Barnacle acreage. It does not include Vizcaya. We
all love parks. I love parks. Vizcaya is our gem. But what we need here is the residents who will bring
revenue to Commodore Plaza, to the surrounding, beautiful, unique stores, restaurants and businesses of the
Grove. We need the revenue for our dear City of Miami. These developers have come up with responsible,
positive development, which is what we need and what the land is zoned for. Let's move forward, dear
Commissioners, not backward. Let's make this dream a reality today. Thank you. (Applause).
Chairman Plummer: Thank you. We're not running the amateur hour.
Commissioner Teele: How many more?
Chairman Plummer: Well, I've got, I think, 14 more. Barry Alberts and after Barry Ron Nelson.
219 December 8, 1998
Mr. Barry Alberts: My name is Barry Alberts. I live at 3095 Oak Avenue in Coconut Grove. Been resident
here for seven years. I am a parent and a businessman here in Coconut Grove. I originally moved here from
Oregon, a very environmentally -conscious state and, of course, that would be something that would come to
me at heart but after living here these number of years, that track of land is sitting behind a fence and it
serves virtually no purpose, that I can see whatsoever, to benefit us or improve our quality of life. I would
love to be able to take my son into the -- if that was a part but, quite frankly, I think, if any of us look
around, there is a number of parks in Coconut Grove and, except for the weekends, 90 percent of the time,
the neighboring park, Peacock Park, is not even utilized by one soul, except for the occasional bum that's
wandering in and out of there. About two months ago, I was shopping on Fuller Street and I walked out of
the shop and saw a six inch crab walking across the street. Now, I'm not a Brain Biologist but I'm fairly
certain that the crab did not come from Coco Walk or did it bus in from Hialeah. The point is, the crab
poses no threat but when the crabs die, what feeds on those crabs is a very healthy rodent population, which
I have seen scurrying in and out of that park. And all that has become is a haven for rodents and homeless
people. I love the Barnacle. Every time I have a friend come in from out of town, I take them to the
Barnacle. I have talked to the developers extensively. I'm fully satisfied that it is going to be a beautiful
addition to our community. And, more importantly, I believe 41 viable families living in Coconut Grove
would stimulate our business community dramatically, help the tax base of Miami. I also believe that those
41 people, God forbid, might stimulate Commodore Plaza and we might see some actual activity on that
area. It would be good for everybody. It's a well -thought out plan. I encourage you to go forward with this
project, as I see it being in the ultimate benefit of everyone.
(Applause)
Chairman Plummer: Thank you, sir.
Commissioner Teele: Mr. Chairman, the testimony is really getting repetitious. I mean...
Chairman Plummer: Mr. Teele.
Commissioner Teele: ...is there any way this is going to -- I mean...
Chairman Plummer: Well, you announced that you're leaving at 7:30, so there will be just one less vote, sir.
I -- you know, how -- I've asked them not to be repetitious. Now, I can't be any more courteous than that.
I'll try to go through it as quickly as possible, sir.
Mr. Ron Nelson: Ron Nelson, 25...
Chairman Plummer: Ron Nelson. After that is Donna Sweeney.
Mr. Nelson: Ron Nelson, 2535 Inagua Avenue. I ask that you listen to the people tonight, of course, and
that if you do approve this project, that you put the appropriate restrictions on the project, as you have seen
some of the concerned citizens have tried to do on their own. Give them some teeth, put yourself behind it
as well and put the appropriate restrictions on it if you do approve it. Thank you.
Chairman Plummer: That's the best I've heard tonight. Donna Sweeney, followed by Tucker Gibbs.
Unidentified Speaker: Donna Sweeney is not here. She had to leave.
Chainnan Plummer: Is Donna Sweeney here?
220 December 8, 1998
Unidentified Speaker: She had to leave. She left a statement here.
Chairman Plummer: She left what?
Unidentified Speaker: A statement. Her statement.
Chairman Plummer: Surrender it for the record. Mr. Gibbs.
Commissioner Teele: Who's after Mr. Gibbs?
Chairman Plummer: Who asked?
Commissioner Teele: Who's after him?
Chairman Plummer: After Mr. Gibbs is Arva Parks.
Mr. Tucker Gibbs: Good evening. My name is Tucker Gibbs. I'm the attorney for the Coconut Grove Civic
Club but I'm here in that capacity, representing the Coconut Grove Civic Club. I heard someone earlier this
evening talk about the big picture and I want to talk about what the Civic Club's big picture is because the
Civic Club has entered into an agreement with the developer that includes a covenant running with the land.
The big picture to the Civic Club has been the same big picture since before Howard Sharland and his group
brought this property, and that is that this is an RI zoning district and we want to keep it an RI zoning
district. Certainly, the Civic Club in the past has said, we would love to have it be zoned something less
intense but that's not the case. You have a property owner who's come here and what the property owner
has come to do is, he's said, I'm going to develop this property as R1 under the Zoning Code. He's building
according to the Zoning Code. He is building fewer units than he is entitled to under the Zoning Code. He
is preserving the Hammock, which he is supposed to do anyway under the Zoning Code, but I think he's
preserving more than the City even asked him to do so. He's also increasing setbacks along the Barnacle.
Please remember, Abitare, which is on the other side of the Barnacle, has a five foot setback. Go to the
Barnacle. Go by the bay in the Barnacle and see how Abitare looms over that. This project is a big project.
Don't get me wrong. It's a tall project. It is set back 20 feet from the property line on the other side of the
Barnacle, and I think that is something that is important. Our position is constant. We want to make sure it
stays as it is currently zoned. Remember -- and I think J.L. and Willie will remember because they've been
around this City for a long time. This property has been the site and subject of many schemes for rezoning.
Putting parking lots on it back before Mr. Sharland and his group brought the property. Mr. Harrison tried
to do things with the property and he couldn't, so you know what he did? He put his house on a barge and
he moved it over to Camp Biscayne. That property remained empty. The other issue is the proximity to
Downtown Miami makes it a dangerous property for rezoning for the people of Coconut Grove. It's across
the street from the Village Center. People in Coconut Grove do not want to see Coco Walk and they do not
want to see a big commercial development there. The fear has always been that Mr. Sharland's project,
which was proposed, was like Coco Walk, would be built there and that's always been a concern. The
owner himself sought that rezoning and you all denied it. The question is, what happens if someone else
does that? Finally, nothing stops the owner or the developer from requesting getting this rezoning. The
Civic Club knows this and, for this reason, extracted a covenant -- a promise from this developer, that the
R1 zoning will remain in perpetuity. That's a covenant running with a land. The only way that covenant
can be changed is if the Coconut Grove Civic Club Board Directors, the Abitare Board of Directors and 60
percent of the individuals owning property at Abitare vote to change it. That's a tall order for any developer.
Chairman Plummer: Thank you, sir.
221 December 8, 1998
Chairman Plummer: Thank you.
Chairman Plummer: Arva Parks and the next speaker is Charles Alden.
Ms. Arva Parks: Thank you. I'd like to start -- I'm Arva Parks at 1601 South Miami Avenue in Miami. I
would like to say very quickly that, first of all, I ditto everything that Neil and Janet McAliley said but what
I'm proposing here and hope you will consider very carefully, the single family residences for zoning, what
is -- you're being requested to do is the planning and development as special use, and that's where you do
have discretion. You can make decisions about this property and what is done with it. And I'd like to just
quote one little thing from Ralph Monroe, where he said, "You should carefully consider before the hand of
man tries to conform the area to please his fancy and fill his pocketbook." So -- what I hope you'll do is
look at three issues that, I think, are very important in here. The first one -- this is the discretion on the site
plan. The first one is the Peacock Park and the Barnacle are not equal on setbacks. They're even setbacks.
The Barnacle is a state historic site. It's the most important landmark. The Peacock Park is, where you said,
down near the bay is a baseball diamond. The second thing, if you look at the site plan, you will see that at
the Bayfront -- this is not a fancy rendering but I'd like you to see this. This is actually what you will see.
I'll say this and then I'll pass it down. This is actually the height from the front of the Barnacle, so when
you're standing at our historic site, this is the wall on the Bayfront that you will see. And I'd like to pass that
down. Because in all the renderings, you see pretty buildings, you see nice Hammock. You do not see this.
And real quick, I'd like to say, you don't need a tennis court. Have the tennis courts removed. You can
remove some things back from the Bayfront, put some more houses on that site, so that you're not
necessarily taking away even the housing but you're protecting this pristine, historic site, and -- but not
having, like Dade County Courthouse, up against the Bayfront. And take the pool and move it in the
community building and move it down where you can break the mass, break the wall, going down the
Bayfront. That's what you can do. That's the kind of questions you can ask. Thank you.
Vice Chairman Gort: Thank you. Charles Alden.
Mr. Charles Alden: Yes. My name is Charles Alden. I reside at 7905 Southwest 162nd Street. I'm here
tonight actually representing two distinctly different entities and, Mr. Chairman, I'd like to request the
opportunity to speak in behalf of two distinctly different entities for no more than four minutes and I'll try to
be brief on the first.
Chairman Plummer: You got it, Toyota.
Mr. Alden: Thank you very much. My name is Charles Alden. I've given you my address. I'm a member
of the American Institute of Certified Planners. I have with me tonight, and I would like to put into the
record, a letter from the American Planning Association, essentially requesting that you deny this special
permit -- I should say, this Major Use Special Permit -- and that you fulfill the obligations of the
Commission of the City of Miami to the people of Miami of 1985. I won't...
Chairman Plummer: Surrender it here. We'll make it part of the record.
Mr. Alden: Thank you. Then, secondly, I'm here this evening to represent the family of William
MacKenzie. William MacKenzie would be here to represent himself, except that he presently is in
Washington, DC in an advanced program of the Job Corp. I would, however, like to submit for the record a
photograph of William MacKenzie to let you know that he does, in fact, exist. You're here, as I understand it
this evening, Commissioner Sanchez and Commissioner Gort, Commissioner Regalado, to approve a
request for a Major Use Special Permit. You're not here merely to fulfill your obligations to the citizens of
Dade County but you're being asked by the developers, who are special people, to issue a special permit for
222 December 8, 1998
their very special project. Now, William MacKenzie and his family are pretty ordinary folks. William
formally was residing at 3670 Percival Avenue in the west Grove. Now, that happens to be just a little bit
less than two thirds of a mile from the entrance to the subject property. His best friend, Antonio Clarott
(phonetic), lived just north of Virrick Park. He's now serving his country and serving the citizens of the City
of Miami at my old Alma Mata at Fort Sill, Oklahoma. He, hopefully, will fulfill his responsibilities to the
residents of the City of Miami. They would both be here and I'm sure would be happy to speak if they were
available. I'm here to speak in behalf of William's mother, Maine MacKenzie, and his grandmother, Lillie
Mae Rickenbacker, who lives on Grand Avenue, just west of Douglas Road, and to speak in behalf of
William's brother, Frederick, his sister Melissa, his sister Cynthia. Melissa's two children, Zachary and
Derrick and to tell you that all of those people and all of their friends and neighbors would have benefited
very substantially in their lifetime if they had had access to the Bayfront and if they had had the educational
experience of seeing firsthand, in close proximity, a magnificent tropical hardwood Hammock. In 1985,
when the City Commission, Commissioner Gort, made a commitment to the city -- residents of the City of
Miami, William Mackenzie was five years old. He today is 18 years old. Antonio Clarott, at that time in
1985, was six years old. He now is a private in the U.S. Army. I suggest to you that their educational
experience and their life experience and those of their friends would have been substantially different if the
Commission of the City of Miami had fulfilled their obligation of the 1985 agreement. Thank you very
much.
Chairman Plummer: Thank you, sir. The next is Mark Hagmann and after that, Bruce Reed (sic), and the
final speaker is Bianca Badia.
Mr. Mark Hagmann: Yes. My name is Mark Hagmann, 13411 Southwest 112th Lane. Forgive my dress.
I'm a professor in electrical engineering at Florida International University and I came here just to watch. I
did not think I'd be speaking until I heard some erroneous information in the answer that was given to a
question by Commissioner Teele. And I have one image I'd like you to picture in your mind, if you would
for me. Picture 41 fireplaces running 24 hours, day and night. Commissioner Teele asked a very simple
question. What about the temperature in the Hammocks? Will it be changed? I've had graduate training in
thermodynamics and I can tell you, energy is released by your air conditioners, by your other appliances.
That energy will cause an increase in temperature. It's that simple. Now, I'm not going to tell you how
many degrees, et cetera. I'd have to solve the problem. But the simple fact is, please picture 41 fireplaces
running 24 hours a day and that heat will cause a change in temperature. It's very simple.
Chairman Plummer: I seriously doubt that they would have fireplaces in Miami, Florida. But Mr. Reed,
and the final speaker Bianca Badia.
Mr. Bruce Reed: I have a question for all the Commissioners and I'd love an answer to it, and I'd also...
Chairman Plummer: Through the chair.
Mr. Reed: Coach -- I'm sorry. My name is Bruise Reed, 3530 East Fairview Street and I'm a coach in
Coconut Grove for the last four years in Peacock Park. We have over 200 kids playing hockey there. We
have soccer. We have baseball. We have a lot of things going on in Peacock Park. Set that record straight.
As far as property rights and what they may be allowed or not allowed to. I have a question for all of you.
If somebody was to buy a bunch of land around your house and be -- each one of your homes and offered to
do this and put some four story buildings up, how would you each individually vote, if you put the shoe on
the other foot? I'm teaching my children, our youth, honor, leadership and, particularly, the Golden Rule.
So, I'm asking you tonight to follow the Golden Rule and put the shoe on the other foot and if this was going
to be done next door to your house or next door to some nice area that you'd like to recreate at, I would like
you to consider that in your decision. The other answer is, I'd like to give you a solution. Since it seems to
223 December 8, 1998
be a good position in the last two years to help Miami bail its problems out of its economic strife to sell off
a lot of our parks and to also rent them out to arenas and stadiums and big developers and swap trades with
Dade County for Virginia Key and all other things and Bicentennial Park, why don't we take some of those
funds in all those trades and all those fancy deals and contribute it to the state funds and the county funds
that are already being offered and with that kind of funds that we could get from some of those fancy deals,
put it all together and let's do the right thing for our kids and for our future. Thank you.
Chairman Plummer: Thank you. The last speaker, Bianca Badia.
Ms. Bianca Badia: My name is Bianca Badia. I go to Coral Gables Senior High. I'm a member of the
Youth Environment Senate. Here, I have 72 letters written by the public opposing the project and -- because
I know earlier you were speaking of the public interest, so here's some of them. Dear City Commissioners,
do not blow it again. The Barnacle addition was promised as a public park forever. Do not let special
interests again taint the decisions of the now notorious City Commission. Now is the time to act right and
show Miami and the world that Miami keeps its promises to the people of Dade County for today and for
future generations. Please, do what's right. Written by Eileen Nickelson. I've just heard of the plans to
build luxury homes on the land in Coconut Grove that is currently a tropical Hammock. I'm appalled at this
lack of respect for the land. Please do not support this ridiculous measure. Thank you. From Amy Ducia.
Dear Mr. Plummer, I don't know about you but this concrete jungle you call Miami is slowly eating away
the natural beauty of its endangered land. By solving this problem of over -developing, maybe we can live in
harmony with earth. And the one is by Chris Marsh, age 10. Please keep your promise on keeping the land
open. I like the land because you can get away from all the commotion. I'd like to submit these for the
record.
Chairman Plummer: Surely, you can surrender those as part of the record. Yes, ma'am.
Ms. Badia: The rest of my time to Alan Farago.
Chairman Plummer: Twenty seconds. Twenty-six seconds, sir.
Mr. Alan Farago: At the last meeting, I understand Commissioner Sanchez had a private meeting with a
lobbyist to decide, during Commission proceedings, and I'd like to bring up the issue of Jennings, where
there is...
Commissioner Sanchez: Sir, hold on. I did not have a meeting with anybody, all right? Let's get that
straight for the record, all right?
Mr. Farago: OK. Well, I'd like to bring the issue up and ask for the County -- the City Attorney to please
comment on the Jennings issue with respect to that.
Chairman Plummer: Sir, he did at the last meeting. If it's necessary...
Mr. Farago: There ought to be a recusal if -- because there is no other cure for that in this case.
Chairman Plummer: Sir, Mr. Sanchez has indicated that he had no meeting with the developers. He has
stated again on the record, and I don't think it's very, very nice of you to try to mislead anybody here this
evening, unless your questioning his truthfulness. He has said to you, time and again, he did not meet with
the developer. And why you continue to be in that vein, I don't know. But you've asked the question. He
has denied it. And unless you have information to the contrary, sir, it's a dead item.
224 December 8, 1998
Mr. Farago: Well, I'd like to ask the City Attorney whether or not there's any comment, for the record, on
what happened at the last meeting when this issue is discussed, whether there was any kind of violation of
the Jennings rule?
Chairman Plummer: Mr. City Attorney, the gentleman wishes to pursue -- I don't know what he wants to
pursue but he's trying to establish a record of some kind, I'm sure. So, would you answer his question?
Mr. Maxwell: There was a question posed to Commissioner Sanchez at the last minute regarding -- at the
last meeting regarding Jennings. I queried Commissioner Sanchez on the record regarding that. He
responded. And, as far as I'm concerned, that issue is concluded.
Chairman Plummer: Thank you, sir. Ms. Dougherty, you have seven minutes of rebuttal. Do you have
your traffic person here?
Ms. Dougherty: Yes, sir.
Chairman Plummer: Have him ready to speak, please.
Ms. Dougherty: Also, I would like our biologist to speak about the landfill issue that was raised. Somebody
said that there was six feet of landfill and that would affect the...
Chairman Plummer: You have seven minutes unless a Commissioner asks for additional information.
Ms. Dougherty: ...mangroves and sea life. I only want to say that we've heard a lot of folks say that we're
taking away the waterfront and the park. We're not taking away anything. This is private property. And if
you deny it, it will continue to be private property, unless you care to condemn it. So far you've had 14
years to do so and no one has done that. At this point, this is private property and they're asking to be
developed -- to develop it under the current zoning laws. All of this development is within current and
applicable zoning requirements and -- by the way, there are no fireplaces and it's only three stories. Mark
McMahon.
Mr. Mark McMahon: I'm Mark McMahon, 6110 Southwest 55th Court in Davie. With regard to the issue
of the fill, we're required to fill the land to six feet but the elevation on the lower end of the land is already
three feet, so it will not be six feet of fill. It will be three feet of fill. The second issue is that we already
have a 20-foot setback back from the Bay and on this particular site, the only place that mangroves are
currently growing, is at the very ends of the little semi circle bay. So, seeing that that area is not going to be
affected by the project whatsoever, there will be no negative impacts on mangroves and their consequent
nursery habitat for the marine life in Biscayne Bay.
Chairman Plummer: Ms. Dougherty, did you just make the comment that it was three stories and not four,
for the record?
Ms. Dougherty: Yes, sir.
Chairman Plummer: Thank you. Your next speaker.
Ms. Dougherty: This is our traffic engineer.
Mr. Miles Moss: Good evening, Commissioners. Miles Moss. My address is 12900 Southwest 84th Street
in Miami. I'm president of Miles Moss and Associates. Consulting engineers, transportation engineering
225 December 8, 1998
and safety. We've conducted a traffic engineering study. The results of the study were previously submitted
to your City, and I'm ready to answer any questions. I could tell you about the number of trips and it would
be handled but as I think some of your comments have indicated...
Chairman Plummer: I'll ask that, sir, when I have that opportunity. I don't want to deny them their time
when the clock is running.
Mr. Moss: I'm sorry.
Chairman Plummer: You have nothing further to add? All right. Just stay at the microphone.
Approximately, how many trips a day do you envision from 41 residences? Here goes...
Mr. Moss: We've calculated between 19 and 29 trips during the a.m. peak hour and between 24 and 37 trips
during the p.m. peak however. Essentially, one trip for every two to two and a half minutes.
Chairman Plummer: I attended a meeting this week to try and alleviate some of the problems on Main
Highway, which this is on Main Highway. And, of course, the problem, primarily, is the schools. Does the
schools have a generation of traffic in the morning, not as much in the afternoon but in the morning? And
I'm very concerned about the traffic. I don't understand how you've come up with the fact that I'm sure that
each resident would have at least two cars.
Mr. Moss: The numbers I'm reading to you are based upon studies done of similar types of developments,
not only in Dade County but throughout the United States. It's based by the Institute...
Chairman Plummer: Well, that's fine, sir. You know, I'm a Miami boy, OK, and I don't know a damn thing
about anything north of 79th Street. Now, you got 41 units. You got 82 cars, at least. And I can't envision
that there would be -- what did you say, 19 trips in the morning?
Mr. Moss: Yes. But we're talking about during the peak hours. Not everybody leaves at the same time.
Chairman Plummer: I said trips a day.
Mr. Moss: OK. Trips a day, it's an average of about 10 trips per home, so it would be about 410 trips.
Chairman Plummer: Now, we're getting down to brass tax.
Mr. Moss: But the -- when you look at the traffic analysis, you really compare the trips during the peak
periods of time where they have to mesh in with other traffic. The only analysis that really affect and
impact people are during the peak hours.
Chairman Plummer: Sir, Main Highway is almost all the time peak traffic. I mean, it is very heavy traffic.
OK. Thank you, sir.
Mr. Moss: Thank you.
Chairman Plummer: I'll have some other things to say later. I'll close the public hearing at this time and,
first and foremost, I want to thank all of you for the way that you acted here this evening. The decorum and
the dignity that prevailed is something that we always appreciate here and I appreciate it and I'm sure I speak
for my colleagues. At this time, I'll close the public hearing and open for discussion among Commissioners.
226 December 8, 1998
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: I would like -- I have a time problem, as I announced. I would just like to know one
thing of the lawyer, Ms. Dougherty. That a lot of discussion -- there's been a lot of discussion about the
mangroves and the tennis court. Of course, we know the runoff problem there. There's a recommendation
that you substitute the tennis court for more Hammock area. Is that acceptable?
Ms. Dougherty: The answer is, we took three units out in order to accommodate the tennis court and it is an
amenity that my clients think, from a marketing point of view, is necessary. And the tennis court doesn't
have that many specimen trees. The area where the tennis court is doesn't have that many specimen trees in
it and we've agreed to locate the one -- relocate the ones that are there.
Commissioner Teele: So, you would be relocating trees from the area where the tennis court is?
Ms. Dougherty: That's correct.
Commissioner Teele: But you would not agree to dispense with the tennis court, obviously, because of the
runoff problem. And would you just...
Ms. Dougherty: We also agreed that we will retain all runoff. There will be runoff on this -- from this site.
Commissioner Teele: And the mangroves along the...
Ms. Dougherty: And the mangroves will be preserved.
Commissioner Teele: Will there be additional mangroves planted?
Ms. Dougherty: That was not part of the restoration plan. We will not affect any of the existing mangroves,
but that wasn't one of the points that was in the restoration plan.
Commissioner Teele: Thank you. Is there going to be a motion...
Chairman Plummer: Other Commissioners in discussion.
Vice Chairman Gort: I'd like to bring several points up.
Chairman Plummer: Mr. Gort.
Vice Chairman Gort: Everybody talked about Bayfront Park. I've been here since 1954 and, you know,
being a Family photographer, being a photographer myself, I visit our parks quite a bit. I recall Bayfront
Park where there's no one going to Bayfront Park. And I remember the -- when the Bayside project was
being projected and everybody was talking about Bayside, how it was going to ruin the Bayfront Park and
we're not going to be able to see the water. We're not going to be able to see the bay anymore. Well,
Bayfront Park today has become very successful, thanks to Bayside. Were able to do an economic
development to maintain that park. I mean, you look at the Grove. You got the Barnacle, Peacock Park,
Meyers Park, Kennedy Park, Alice Wainwright and Simpson Park. Now, I go to all those parks all the time,
so parks are enough. When I go, I don't see that many people there. I've only seen Kennedy Park with a lot
of activities because people are jogging and they're using the track and so on. I don't see that many people
227 December 8, 1998
going to Simpson Park. I don't see that many people going to Alice Wainwright Park. See, that's something
we need to consider. I think we have a lot of open land within this area here, that we can go look at it.
When I walked in here, when I was elected in November '93, this was something that I inherited. This
problem has been going on for I don't know how long. And I keep telling my attorneys, don't address the
buying of this property because that got us in trouble before. This is private property. This property has
been in front of us and I voted against it two or three times for change of zoning because I didn't think the
change of zoning was necessary. I think these individuals are going through the different agencies and I'm
sure our Planning Department has put enough restrictions to make sure that we maintain the parks.
Chairman Plummer: Anyone else?
Commissioner Sanchez: Mr. Chair, if I could just have a chance...
Chairman Plummer: Mr. Sanchez.
Commissioner Sanchez: ...to address everyone here about the statement, the improper statement made by
that gentleman. I want to clear, for the record, and be on the record that some time last week, in my
schedule, I did have a schedule to meet with Kenneth Treister. At which time, Mrs. Barbara Lange came to
my office, apparently, or how she found out I had a meeting. It was just going to be a casual meeting. I
know the Jennings Rules were not violated. She did address concern. At which time, I did contact the City
Attorney and obtained if it would have been in bad faith. At which time, he said it would not be in the best
interest of the City and I canceled that meeting. So, I never met with that individual. And I want it on the
record. And the other thing is, on this --just if I may elaborate a little bit. You know, I wish that this would
have been five or six, maybe eight years ago, where we would not be in a position unless -- or me, as a
newly appointed Commissioner -- to make such a tough decision because this is -- today is going to be
probably the most toughest decision that I've had to make, when you try to put the delicate balance between
nature and enforcement of some things that really have happened that are basically tying us -- our hands
behind our backs and forcing ourselves to basically promote development because of the situation that we're
in today. Financially, basically, we are rebuilding this City. And you have to understand that several years
ago we were in a deficit of sixty-eight million dollars ($68,000,000) and doing very, very lousy, and today
we've come a long way and we're starting to catch up and get out of the hole we're in. so, basically -- you
know, it's tough to get up here and make decisions. Sometimes it's the right decision. Sometimes you're
forced to make decisions that don't please everybody. You know, I wish everybody here would have the
opportunity to sit here in this Commission and make a decision. Other things that are taken into factor here
is, you know, we have to respect the rights of people. This country was based on rights. You know, the
landowner has the right to sell his property and do what he wants to do with it. The other thing is, you
know, this Commission or this City or the government had the opportunity to buy that land for 13 years and
it never did. And today, I'm telling you, if we weren't in the situation that we're in, I would be in support of
it. But it's tough. It's tough because we have to make decisions that are basically hard on us, to come up
with ways to bring recurring revenues to this City to get out of the jam that we're in. Thank you very much
for your time. And I just wanted to make that statement because, you know, after a while that you've been
up here, people come up here and take cheap shots at you and it's wrong. And it's just really wrong to come
up here and say that because it bothers me. It really does. If I would have met with the gentleman and
discussed and it was violation of Jennings Rule, I would be the first one to be apologizing to anybody and
would take my licking, which is a third degree misdemeanor to do so. But once I found out that there could
have been a possible, I did what every right person in faith and believing in the constitution of this country
and the laws of this state, I contacted the legal attorney and did the right thing.
Chairman Plummer: Mr. Regalado. Don't get carried away.
228 December 8, 1998
Commissioner Regalado: I like to talk a lot but tonight I'm not going to, so I'm just ready to vote.
Vice Chairman Gort: Let me tell you. I've made a statement but, at the same time, I think the
Commissioner of the district is the one who's got the right to make the motion.
Chairman Plummer: And the Commissioner of the district will make the motion after all you blabber
mouths get finished. Proceed with your statement.
Commissioner Regalado: I'm done.
Chairman Plummer: Oh, OK.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: What?
Mr. Maxwell: Pass the gavel?
Chairman Plummer: Pass the gavel.
Commissioner Teele: Is there a motion?
Chairman Plummer: You got it. I asked the City Attorney...
Vice Chairman Gort: I wanted to do that all night.
Chairman Plummer: Damn, gets rid of his frustrations. I asked the City Attorney, when I talked to him
about this here this evening, and I said, what grounds would I have to deny? And his answer was basically,
only expert testimony that it would be detrimental. Expert testimony that it was detrimental. My main area
of concern is still the traffic. I have no qualms that I've done everything that I could, as a city
Commissioner, over these period of years to try and do what the people or the residents wanted to
accomplish. You can only do so much and I feel that I did my part. I'm concerned, as I said before, about
the traffic. We have all of the recorded covenants. We have all of the agreements that, as far as I'm
concerned, have been placed into the record. I'm still concerned about traffic. And I'm going to ask that the
developer agree that they will pay for, if it is decided by the committee, chaired by Commissioner Jimmy
Morales, for one of the intersections, which was named but may or may not of Main Highway and Franklyn
for the cost of the installation of a traffic device to help control traffic. Now, that might not come about but
if it is the decision of that committee, that a traffic device would be of great help to not only the project but
also to the Grove in general, I would want a commitment that, in fact, they would furnish the cost factor.
Ms. Dougherty: I'm not even going to ask but I would agree to that.
Chairman Plummer: OK. Other than that, I find no reason of any expert testimony proffered here this
evening in which would give me basis to deny. Consequently, I have to move for approval with all of the
built-in safeguards that have been proffered by each side and that, hopefully, will do the protection of the
Grove. I so move it.
Mr. Maxwell: Mr. Chairman?
Chairman Plummer: Mr. City Attorney.
229 December 8, 1998
Mr. Maxwell: I would ask that you amend your motion, if you will, to clearly specify that among the
agreements that you have mentioned, you are not -- specifically not addressing any outside agreements
between various parties. Particularly...
Chairman Plummer: That's private parties.
Mr. Maxwell: ...the developer and the Homeowner's Association, and you're only addressing those
agreements that the developer has made with the City of Miami.
Chairman Plummer: Excuse me.
Mr. Maxwell: With the City of Miami.
Chairman Plummer: Let me ask this question. Why can't we make that as a third party?
Mr. Maxwell: That would be an improper delegation, sir. You can't have -- Contract zoning, you cannot get
into that. Those agreements have nothing to do with your decision here today.
Chairman Plummer: Do you, in your opinion, feel that those documents between those two private parties
are binding?
Mr. Maxwell: I have not reviewed those documents. As I've said, they do not involve the City of Miami.
Commissioner Teele: I'm going to tell you right now, I'm very uncomfortable because you all are way
outside now of what we can consider -- I mean, you've got so much on the record, gentlemen, that we need
to get really back into where we are.
Chairman Plummer: OK. I'm asking...
Commissioner Teele: Because you cannot consider evidence that was not presented. And we can't...
Chairman Plummer: No, the evidence was presented.
Commissioner Teele: Well -- but we don't know what's in those documents.
Ms. Lourdes Slazyk (Assistant Director, Planning Department): Those covenants and documents were not
submitted to the City, the private...
Commissioner Teele: At least they haven't been up here. Because I'm not voting on anything that's not
here...
Mr. Maxwell: Commissioners?
Commissioner Teele: ...before me.
Mr. Maxwell: Commissioners? Commissioners, the documents, the agreements between those parties have
nothing to do with what's going on today and I just want...
Chairman Plummer: OK. Then I'll tell you what. You prepare it. I'm going to make our document, all
230 December 8, 1998
right. Number one, it shall never change the zoning from R1. Number two, that only in the event of the
surrounding properties by 60 percent vote or better could break the covenant. What was the other one? The
Hammock has to be preserved...
Ms. Slazyk: That's in there already. That's in our conditions.
Chairman Plummer: OK. The Hammock has to be preserved. There has to be a no less than 20 foot setback
from the property line.
Ms. Slazyk: That's in there.
Chairman Plummer: Wait a minute. I'm putting my agreement together. Is there anything else that I can
think of?
Vice Chairman Gort: All of these.
Chairman Plummer: All of the rest of them are those things that we have agreed upon. The traffic device, if
necessary. Can you think of anything else? Help me.
Unidentified Speaker: DERM.
Chairman Plummer: The letter from DERM is incorporated in the hearing.
Unidentified Speaker: As a part of the Major Use Special Permit.
Chairman Plummer: That is part of the hearing. That's been surrendered for -- as a document.
Ms. Slazyk: Those are the four conditions I read at the beginning tonight.
Chairman Plummer: OK.
Commissioner Teele: Does that include DERM basically providing oversight over the program?
Ms. Slazyk: Yes, it does. And someone else just brought to my attention that at the last hearing, before it
was continued, they had proffered 90 percent indigenous trees in the Hammock restoration. Three was a 90
percent.
Chairman Plummer: Was that -- I don't know the word indigenous. Is that American trees?
Commissioner Teele: Mean native trees.
Chairman Plummer: Native trees.
Ms. Slazyk: Native.
Chairman Plummer: And they agreed to that, as I recall?
Ms. Slazyk: Ninety percent native plants. No.
Chairman Plummer: All right. I only have one other provision...
231 December 8, 1998
Ms. Dougherty: It's 90 percent native plants.
Ms. Slazyk: Ninety percent native plants, OK.
Chairman Plummer: Well, you know, I can't even spell indigenous.
Ms. Dougherty: Existing and to be added.
Commissioner Teele: Native.
Chairman Plummer: Native. I can spell native because I am one, but I don't think I'm indigenous.
Ms. Slazyk: Native plants.
Chairman Plummer: I would like -- I'm a dirty old man. I would like a commitment, on the part of the
developer, that they will first and foremost make every effort to use local people in the construction of the
compound.
Ms. Dougherty: We agreed to first source the last time.
Chairman Plummer: OK.
Commissioner Teele: Call the question.
Chairman Plummer: I think that's -- no, no. The public is closed.
Mr. Maxwell: These are being made conditions of the Major Use Special Permit.
Chairman Plummer: Absolutely. And if they void them, they're out the door. OK. I think I've covered
everything I can cover. And, Mr. Chairman, you're welcome, if I can get a second, to call the...
Vice Chairman Gort: There's a motion. Is there a second?
Commissioner Sanchez: I'll second it.
Vice Chairman Gort: Been seconded. Is there any further discussion? Being none, all in favor state by
saying "aye."
Commissioner Teele: Roll call.
Commissioner Sanchez: Roll call.
Vice Chairman Gort: Roll call? Roll call.
[COMMENTS MADE DURING ROLL CALL]
Commissioner Teele: I want to proffer on the record that I followed and watched the entire proceeding. I
appreciate the gentleman, who's a professor, who was dressed in the striped shirt, who corrected the record
or gave your interpretation. I listened to every person. I have not spoken to anyone on this matter either for
232 December 8, 1998
or against. My vote is solely based upon the fact that I believe that this project is not in the best interest,
based upon the environment and the overall planning. I'm voting no. (Applauding).
Chairman Plummer: All right.
The following resolution was introduced by Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-1229
A RESOLUTION, WITH ATTACHMENTS, APPROVING WITH
CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO
ARTICLES 5, 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000,
FOR CLOISTERS ON THE BAY PROJECT, TO BE LOCATED AT
APPROXIMATELY 3463-3571 MAIN HIGHWAY, MIAMI,
FLORIDA; TO BE COMPRISED OF A PLANNED UNIT
DEVELOPMENT PROJECT FOR AN ATTACHED HOMES
DEVELOPMENT, CONSISTING OF A 41 UNIT SINGLE FAMILY
RESIDENTIAL COMPLEX 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 Sanchez, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Chairman J.L. Plummer, Jr.
NAYS: Commissioner Arthur E. Teele, Jr.
ABSENT: None.
82. AUTHORIZE ALLOCATION OF $7,000 FROM 24 YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS PROJECT 799602 - FOR REHABILITATION OF FIVE BUSINESSES IN
DOWNTOWN AREA UNDER COMMERCIAL FACADE PROGRAM. - SEE LABEL 4
Chairman Plummer: All right. Are there any other matters to come before this Commission?
Vice Chairman Gort: Move to adjourn.
Commissioner Teele: Mr. Chairman?
Ms. Lucia Dougherty: Thank you very much.
233 December 8, 1998
Chairman Plummer: Wait a minute, please Mr. Teele.
Commissioner Teele: This morning, CA-15, which was a consent item, relating to seven thousand dollars
($7,000), a facade improvements, which was withdrawn by me from the agenda. I would like to -- it's
involving seven thousand dollars ($7,000).
Chairman Plummer: All right. Hold on. We have to go back. Let me first adjourn the Planning and
Zoning meeting and I am reopening the morning session.
Commissioner Teele: And I would move approval of Item CA-15 relating to the seven thousand dollars
($7,000) allocation for the Downtown Miami Partnership for the facade improvements.
Chairman Plummer: There is a motion to approve CA-15 by Commissioner Teele. Seconded by...
Vice Chairman Gort: Gort.
Chairman Plummer: ...Commissioner Gort.
Mr. Alejandro Vilarello (City Attorney): Commissioner Plummer, just technically, I believe we adjourned
the prior meeting...
Chairman Plummer: Can we -- please.
Mr. Vilarello: ...to reconvene that meeting.
Vice Chairman Gort: We did.
Chairman Plummer: I just did.
Mr. Vilarello: Oh, I'm sorry.
Chairman Plummer: Where have you been? All right. All -- ladies and gentlemen, please, we have to
finish an agenda. All in favor of the motion, please say "aye."
The Commission (Collectively): Aye.
Chairman Plummer: Opposed?
234 December 8, 1998
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 98-1230
A RESOLUTION AUTHORIZING THE ALLOCATION OF SEVEN
THOUSAND ($7,000.00) DOLLARS FROM THE TWENTY-FOURTH
(24T") YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS (PROJECT 799602), FOR THE REHABILITATION OF FIVE
(5) BUSINESSES LOCATED IN THE DOWNTOWN AREA UNDER
THE CITY-WIDE COMMERCIAL FACADE PROGRAM; SAID
FUNDS TO BE DISBURSED AS HEREIN SPECIFIED.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the
following vote:
AYES: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
83. CONTINUE DISCUSSION ON COMMISSION APPOINTMENTS TO CHARTER REFORM
REVIEW COMMITTEE - SEE LABELS 52 AND 62.
Commissioner Teele: Mr. Chairman?
Chairman Plummer: Mr. Teele.
Commissioner Teele: Finally, there was a board appointed today involving the Charter Review.
Chairman Plummer: That's correct.
Commissioner Teele: I would move and ask permission that each member be afforded the opportunity to
make their appointment with the Clerk and that it be subject to an audit.
Chairman Plummer: Subject to a...
Commissioner Teele: And that it not be subject to any further ratification.
Chairman Plummer: Sir, I have no problem with that if it's legal.
Commissioner Teele: A board appointment regarding the Charter Review that each member can file their
235 December 8, 1998
nomination with the Clerk because it...
Mr. Alejandro Vilarello (City Attorney): I'm being advised that that's exactly the way the resolution is
written, to allow for that without further ratification for the Commission appointments.
Commissioner Teele: I would appoint Mr. Ralph Packingham as my representative and as the technical
representative, Elizabeth McKinney with Holland and Knight. What's her name? Elizabeth -- what's her
name? McBride, with Holland and Knight.
Chairman Plummer: How come you're getting to appoint two?
Commissioner Teele: Everybody gets to appoint two. One person who must be a City of Miami resident,
who will be the committee representative, and a technical person who must be a lawyer or a person
technically knowledgeable.
Chairman Plummer: OK.
Vice Chairman Gort: Do I get to appoint a technical?
Commissioner Teele: You can appoint a technical person, of course.
84. DISCUSSION CONCERNING PROPOSED FORECLOSURE ACTIONS AGAINST WYNWOOD
TRADE ZONE PROJECT.
Chairman Plummer: All right. I have one question of the City Manager. Mr. Manager, I was informed
today that the people of the Wynwood Trade Zone were coming here to ask for an extension of time. They
never appeared before the podium nor requested. It is my understanding that they are in default. We are
starting foreclosure or we've started foreclosure.
Mr. Donald Warshaw (City Manager): Correct.
Chairman Plummer: And at what point will that be within the purview of the City? Gentlemen, may I call
your attention? I am discussing an item of ten million dollars ($10,000,000).
Commissioner Teele: Too rich for my blood.
Chairman Plummer: Mr. City Attorney.
Mr. Alejandro Vilarello (City Attorney): We have commenced the foreclosure action and, through the
normal process, we're in first position. We're in a good position in this matter and we can expedite it.
However, it will take, I'm sure, at least six months, if not nine, to get through the whole process.
Chairman Plummer: I'm speaking to the Wynwood Trade Zone, which is now in default and in foreclosure.
Commissioner Gort: Question.
Chairman Plummer: Mr. Gort.
Commissioner Gort: Supposedly, we do go through the foreclosure. We take over the property.
236 December 8, 1998
Chairman Plummer: Absolutely.
Commissioner Gort: Then, we have to do something by then?
Mr. Vilarello: That's correct.
Chairman Plummer: And one of the things that I...
Commissioner Gort: OK. And, in the meantime, my understanding is, is there might be other organizations
-- other individuals that might be interested in it. Can we, at the same time, be talking to other individuals?
Can we be talking while this process is going on, can we be talking or discussing with other individuals that
might have interest in this?
Mr. Vilarello: The City can prepare for the eventuality that that property will eventually come under our
control. What you cannot do is grant any rights until that -- until those rights are extinguished.
Commissioner Gort: Right. No, I understand that.
Chairman Plummer: OK. Well, I want to make sure, Mr. City Attorney, as I spoke to you before, that, in
fact, that the federal granting license to operate a Federal Trade Zone is simultaneously being made sure that
it's going to be secured in the name of the City of Miami.
Mr. Vilarello: Yes, sir.
85. ISSUE CONDOLENCES TO JIM KAY AND FAMILY ON PASSING OF MR. KAY'S MOTHER.
Chairman Plummer: OK. Is there any other matters to come before this City Commission?
Commissioner Gort: Move to adjourn.
Chairman Plummer: Since we will have no further meetings in the month of December, may I wish all of
you a cool yule and a frantic first? Meeting is adjourned. you know, wait a minute, wait a minute, wait a
minute. Excuse me. Mr. Clerk? Mr. Teele?
Commissioner Teele: Yes, sir.
Chairman Plummer: If I may. It has come to my attention ... Mr. Teele?
Commissioner Teele: Yes, sir.
Chairman Plummer: I'm sure you'll want to hear this. It has come to my attention of the passing of the
mother of Mr. Kay, Mr. John Kay -- Jim Kay. And it would be only fitting, I think, of this City Commission
to spread upon the minutes a resolution expressing our condolence to Mr. Kay...
Commissioner Teele: So move.
Chairman Plummer: ...and so move that it be sent to the family.
237 December 8, 1998
Commissioner Teele: Second.
Chairman Plummer: Moved and seconded. All in favor, say "aye."
The following resolution was introduced by Chairman Plummer, who moved its adoption:
RESOLUTION NO. 98-1231
A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND
SINCEREST CONDOLENCES OF THE CITY COMMISSION ON
BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE
FAMILY AND FRIENDS OF AMBER ADAMS KAY, UPON HER
UNTIMELY DEATH.
(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: Vice Chairman Wifredo Gort
Commissioner Tomas Regalado
Commissioner Joe Sanchez
Commissioner Arthur E. Teele, Jr.
Chairman J.L. Plummer, Jr.
NAYS: None.
ABSENT: None.
Commissioner Teele: And that the opportunity for each Commissioner be afforded to affix their signature.
Chairman Plummer: Absolutely. Thank you and good night.
Commissioner Teele: Happy Holidays.
238 December 8, 1998
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION,
THE MEETING WAS ADJOURNED AT 8:00 P.M.
ATTEST:
Walter J. Foeman
CITY CLERK
Maria J. Argudm
ASSISTANT CITY CLERK
®p�
'Irp
IMIP Ran
JOE CAROLLO.
MAYOR
239 December 8, 1998