HomeMy WebLinkAboutCC 1997-01-16 MinutesOF XMING HELD ON JAN ARY 16, 1997
Regul ar
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
WALTER J. FOEMAN
CITY CLERK
ITEM
NO.
1.
SUBJECT
INDEX
MINUTES OF REGULAR MEETING
January 16,1997
LEGISLATION PAGE
NO,
COMMENDATIONS/PRESENTATIONS: DISCUSSION 2
(A) POLICE OFFICERS JORGE 1/16/97
CASTELLO AND JOSE PASTOR -
OUTSTANDING OFFICERS FOR 11/96.
(B) POLICE OFFICERS ANGEL
CALZADILLA AND FRANK CASANOVA -
OUTSTANDING OFFICERS FOR 12/96.
2.
CONSENT AGENDA.
DISCUSSION 2
1/16/97
2.1.
`rACCEPT 'BID:-TEMPLETON & FRANKLIN
R 97-1 3
".VETERINARY ASSOCIATES -- FOR .
1 /1 6/97
POLICE DEPT. -- ALLOCATE FUNDS
($16,000, ACCT. CODE 001000-
290201-6-260).
2.2.
ACCEPT BID: ATLANTIS
R 97-2 4
CONSTRUCTION OF SOUTH FLORIDA --
1/16/97
PLAYGROUND STRUCTURE, SAND,
RESILIENT SURFACE AND WOOD EDGING
AT ATHALIE RANGE PARK -- FOR
PARKS AND RECREATION -- ALLOCATE
FUNDS ($33,950, ATHALIE RANGE
REHAB CIP #331070, INDEX CODE
589301-860).
2.3.
ACCEPT BID: R. TARAFA, GENERAL
R 97-3 4
CONTRACTOR, INC. -- FOR
1/16/97
INSTALLATION OF BLEACHERS AND
SLABS AT HADLEY PARK -- FOR PARKS
AND RECREATION -- ALLOCATE FUNDS
($11,950, HADLEY PARK RECREATION
BLDG. RENOVATIONS CIP #331391,
INDEX CODE 589301-860).
2.4.
ACCEPT BID: AMERICAN MEDICAL
R 97-4 5
DEPOT -- I.V. CATHETHERS -- FOR
1/16/97
FIRE -RESCUE -- ALLOCATE FUNDS
($40,150, FIRE RESCUE 197 BUDGET,
ACCT CODE
001000.280501.6340.71426).
2.5.
APPROVE PURCHASE OF MEDICAL GASES
R 97-5 5
FROM AIR PRODUCTS & CHEMICALS,
1/16/97
INC./LIQUID CARBONIC/FLORIDA
AIRGAS D/B/A SOUTHEAST AIRGAS,
UNDER DADE COUNTY CONTRACT 0643-
2/98, AT TOTAL OF $15,000 -- FOR
FIRE RESCUE -- ALLOCATE FUNDS,
ACCOUNT CODE 105000-280502-6-704
9$3,675) AND 001000-280601-6-670
($11,325).
2.6.
ACCEPT DONATION OF ROYAL
R 97-6 6
POINCIANAS -- "COMMITTEE TO
1/16/97
RESCUE THE CUBAN HISTORICAL ROOTS
AND MONUMENTS IN THE WORLD"
ORGANIZATION -- FOR "BAY OF PIGS
MEMORIAL PARK."
..2.7.
ACCEPT PLAT BIRTH COVENANT:
R 97-7 6
TERRANOVA BISCAYNE.
1/16/97
3.
PERSONAL APPEARANCE: JIM JORDAN,
DISCUSSION 7-10
COMMODORE MIAMI YACHT CLUB -- TO
1/16/97
REQUEST AUTHORIZATION TO ENTER
INTO AN AGREEMENT WITH THE
NATIONAL MARINE MANUFACTURERS
ASSOCIATION (NMMA) TO HOST PART
OF 1997 MIAMI INTERNATIONAL
SAILBOAT SHOW -- DISCUSS/DEFER TO
MEETING OF 1/23/97.
4.
POSTPONE SALE OF HAITIAN
M 97-8 10-23
MARKETPLACE AT 5925 N.E. 2
1/16/97
AVENUE -- NEGOTIATE WITH STATE TO
STOP FORECLOSURE IN LIEU OF
OWNERS DEEDING PROPERTY BACK TO
STATE AND CITY OF MIAMI -- SEE
LABEL 8.
5.
PERSONAL APPEARANCE: CAPTAIN
DISCUSSION 23-26
EDWARD B. FERRER, PRESIDENT,
1/16/97
CUBAN PILOT ASSOCIATION -- TO
DISCUSS NOISE ABATEMENT
PROCEDURES FOR MIAMI
INTERNATIONAL AIRPORT.
6.
DIRECT ADMINISTRATION TO WORK
DISCUSSION
26-29
WITH MARTIN LUTHER KING PARADE
1/16/97
ORGANIZERS TO REDUCE POLICE FEES.
7.
DISCUSS/DEFER AGENDA ITEM 6 TO
M 97-9
29-30
MEETING OF 2/13/97 -- (SECOND
1/16/97
READING ORDINANCE: AMEND CODE
ADDING NEW SECTION 37-72,
PROHIBITING DELIVERY WITHIN THE
CITY OF BUILDING MATERIALS VALUED
IN EXCESS OF $500.00, UNLESS THE
NUMBER OF THE BUILDING PERMIT IS
INCLUDED IN PURCHASE ORDER --
PERMIT IS TO BE POSTED VISIBLY
FROM STREET).
8.
HAITIAN COMMUNITY TO ADDRESS
M 97-10
30-50
COMMISSION REGARDING HAITIAN
M 97-11
MARKETPLACE LOCATED AT 5925 N.E.
1/16/97
2ND AVENUE IN LITTLE HAITI.
9.
SECOND READING ORDINANCE: AMEND
ORDINANCE
51-54
CHAPTER 53-86 OF CODE, "DOCKAGE
11433
RATES"; -- FURTHER REPEAL SECTION
1/16/97
2 OF ORDINANCE 9251, ADOPT
SCHEDULE OF FEES AT CITY MARINAS.
10.
FIRE FEES: SECOND READING"
ORDINANCE
':55-56
ORDINANCE: AMEND CODE RELATED TO
11434
FIRE PROTECTION PENALTIES,
1/16/97
PERMITS AND FEES: (1) INCREASE
CHARGES FOR INSPECTION/TESTING OF
FIRE SUPPRESSION SYSTEMS; (2)
ESTABLISH FIRE SAFETY PERMIT; (3)
PROVIDE SCHEDULE OF FEES FOR
ISSUANCE AND ANNUAL RENEWAL; (4)
PROVIDE FOR REVOCATION AND CIVIL
AND CRIMINAL PENALTIES; (5)
PROVIDE FOR USE OF SAID FEES --
AMEND SECTIONS 2-409/19-2 -- ADD
NEW SECTION 19.2.1.
'
i
I
4
t
Lat.,
11. DISCUSS / DEFER / CONSIDERATION
OF AGENDA ITEM (PROPOSED SECOND
READING ORDINANCE: RELATED TO
LOBBYISTS; AMEND CODE BY AMENDING
LOBBYISTS' REGISTRATION
REQUIREMENTS; ESTABLISHING FEES
AND DISCLOSURE REQUIREMENTS;
PROVIDING EXEMPTIONS FROM FEES;
REQUIRING THE CITY CLERK TO
MAINTAIN A LOG OF REGISTERED
LOBBYISTS; AMENDING THE ANNUAL
STATEMENT" AND RENAMING SAME AS
"ANNUAL EXPENDITURES REPORT";
SETTING FORTH PROCEDURES AND
REQUIREMENTS FOR COMPLIANCE;
PROVIDING FOR PENALTIES FOR
VIOL'ATIONS).
12. FIRST READING ORDINANCE: AMEND
CODE BY ADDING SECTION 2-77 TO
CHAPTER 2 -- REQUIRING
CERTIFICATE OF RE -OCCUPANCY PRIOR
TO THE SALE OF ANY SINGLE FAMILY
RESIDENTIAL OR TWO-FAMILY
RESIDENTIAL PROPERTY WITH CITY.
FIRST - READING -ORDINANCE:
PROPOSED TO AMEND CHAPTER 22 OF
CODE, "GARBAGE AND TRASH"—;
AMEND SECTION 22-1 TO DEFINE AND
OR CLARIFY DEFINITIONS OF
"BIOLOGICAL WASTE", "BIOMEDICAL
WASTE", AND "CONSTRUCTION AND
DEMOLITION DEBRIS"; -- AMEND
SUBSECTION (D) OF SECTION 22-12
TO PROVIDE FOR NEW FEES --
FURTHER AMEND SECTION 22-18.12(A)
TO INCLUDE DEFINITIONS OF
"BIOLOGICA.L WASTE", "BIOMEDICAL
WASTE", AND "CONSTRUCTION AND
DEMOLITION DEBRIS".
14. SELECT FIREHOUSE FOUR, LLC, AS
SUCCESSFULL PROPOSER FOR LEASING
OF CITY PROPERTY AT 1000 SOUTH
MIAMI AVENUE, MIAMI, FLORIDA --
FOR RESTAURANT USE. -- FURTHER
AUTHORIZE / DIRECT CITY MANAGER
TO NEGOTIATE LEASE AGREEMENT WITH
SAID PROPOSER- DIRECT MANAGER TO
PRESENT SAID NEGOTIATED AGREEMENT
TO CITY COMMISSION FOR REVIEW /
CONSIDERATION/APPROVAL PRIOR TO
EXECUTION.
M 97-12
1/16/97
ORDINANCE
FIRST
READING
1/16/97
ORDINANCE
FIRST
READING
1/16/97
R 97-13
1/16/97
56-58
59-63
63-68
tit
15.
16.
17.
18.
19.
20.
AUTHORIZE AGREEMENT WITH R 97-14
ALLAPATTAH-WYNWOOD DEVELOPMENT 1/16/97
CORPORATION ("CORPORATION") FOR (1) UTILIZE CERTAIN PARKING
FACILITY LOCATED UPON CITY
PROPERTY FOR ACCESS; (2)
CONSTRUCT/MAINTAIN/USE ROOF -LIKE
STRUCTURE BETWEEN AN EXISTING
BUILDING LOCATED ON CITY PROPERTY
AND CERTAIN ABUTTING PROPERTY FOR
CHILD CARE FACILITY.
AMEND SECTION 2 OF 96-374, R 97-15
ALLOCATING $25,836 TO ALLAPATTAH 1/16/97
COMMUNITY ACTION INC., -- FOR
SOCIAL SERVICES TO ELDERLY IN THE
ALLAPATTAH TARGET AREA-- CHANGE
FUNDING SOURCE TO URBAN
DEVELOPMENT ACTION GRANT (UDAG),
ACCOUNT 450223-110041.
DECLARE CITY COMMISSION INTENT TO R 97-16
USE LEGAL / PRUDENT MEANS TO 1/16/97
AGRESSIVLEY PURSUE COLLECTION OF
OUTSTANDING MEDICAL
TRANSPORTATION FEES FROM OWING
PARTIES; INCLUDING CITY
RESIDENTS -- MAYOR CAROLLO
INSTRUCTS ADMINISTRATION TO
SURVEY PRIVATE SOURCES TO
DETERMINE COMPETITIVENESS OF
COST.
AUTHORIZE SETTLEMENT; ARLENE S. R 97-17
REES ($50,000), CASE 95- 1/16/97
02924CA13.
AUTHORIZE SETTLEMENT: MATILDE S. R 97-18
PARRA ($40,000) CASE 95- 1/16/97
04362CA01.
ACCEPT GRANT ($78,049) -- FROM R 97-19
METRO DADE COUNTY FOR PARK AND 1/16/97
RECREATION FOR PURCHASE OF TWO
TRANSPORTATION VANS FOR
PRODUCTION AND DISTRIBUTION OF
PUBLIC INFORMATION MATERIALS TO
PROMOTE AWARENESS OF LOCAL
SERVICES AVAILABLE TO PERSONS
WITH DISABILITIES.
86-87
87-89
89-91
91-95
95-96
L1K .
u,y..
21 .
22.
23.
24.
25.
26.
ACCEPT BIDS: (1) R. TARAFA, R 97-20
GENERAL CONTRACTOR, INC., -- FOR 1/16/97
REHABILITATION OF CEMETERY
BUILDING AND WALL AT MIAMI
CEMETERY FOR $38,592 -- (2)
BROWARD MONUMENT FOR RESTORATION
OF GRAVE MARKERS AND MAUSELEUM AT
SAID CEMETERY -- $1 35, 500 -- FOR
PARKS AND RECREATION -- ALLOCATE
FUNDS CITY RESTORATION, HURRICANE
RECOVERY AND RELIEF ACCOUNT
805801-835, NO. 336006.
RATIFY / APPROVE / CONFIRM R 97-21
FINDING OF VALID EMERGENCY -- 1/16/97
WAIVE COMPETITIVE BID FOR
CONCESSION AGREEMENT TO CATERING
BY DAVID LYNN, INC.-- FOR
CONCESSION RIGHTS AT ORANGE BOWL.
AUTHORIZE / DIRECT CITY MANAGER R 97-22
TO CLOSE CITY FACILITY AT 2640 1/16/97
SOUTH BAYSHORE DRIVE, MIAMI,
FLORIDA, KNOWN AS DINNER KEY
BOATYARD -- FURTHER
AUTHORIZE/DIRECT MANAGER TO
.INSURE THAT (1) BOATYARD
-OPERATION CEASES BY 3/30/97; 2)
NON-PAYING RESIDENTS BE OUT BY
1/31/7; (3) CURRENT PAYING
RESIDENTS VACATE FACILITY BY
4/1/97.
DISCUSS ESTABLISHMENT OF SINGLE DISCUSSION
MEMBER DISTRICTS: PULSE, ET AL 1/16/97
VS THE CITY OF MIAMI, ET AL,
CONSENT DECREE, CONSENT
AGREEMENT.
REFER TO STREET CODESIGNATION M 97-23
REVIEW PROPOSED CODESIGNATION OF 1/16/97
N.W.3 STREET AS JOSE A.
COLMENARES WAY.
APPROVE PAYMENT FOR SERVICES IN R 97-24
CONNECTION WITH URBAN SEARCH AND 1/16/97
RESCUE TEAM (USAR TEAM)
ACTIVATION/DEPLOYMENT DURING
1 0/ 9 5 AND 7/ 9 6 -- ALLOCATE FUNDS
($74,485., FROM ACCT. CODE
01220210158, DEPOSIT IN ACCT
280601-270).
96-97
99-111
111-120
1 20-1 21
1 21-1 22
10
0
27.
29.
30.
31 .
32.
APPROVE REVOCABLE PERMIT FOR M 97-25 122-124
DIRECTIONAL SIGN IN LOCATING 1/16/97
GROVE ISLE AND MARKS PLACE ALONG
SOUTH BAYSHORE DRIVE.
FIRST READING ORDINANCE: AMEND ORDINANCE 124-128
CHAPTER 42 OF CODE -- CREATE FIRST
ARTICLE VI, SECTIONS 42-82 TO 42- READING
87, "VEHICLE IMPOUNDMENT" -- 1/16/97
PROVIDE FOR ADMINISTRATIVE
PENALTIES FOR USE OF
VEHILCLES -- FOR PROCEDURE FOR
REVIEW OF IMPOUNDMENT DECISION --
FOR PROCEDURE FOR DISPOSITION OF
UNCLAIMED VEHICLES -- PROVIDING
CODIFICATION CLAUSE.-- FURTHER,
PROVIDE WEEKLY PROGRESS REPORTS
TO COMMISSIONERS ON NUMBER OF
IMPOUNDED CARS.
APPROVE PROFESSIONAL SERVICES R 97-26 128-129
AGREEMENT FOR POLICE 1/16/97
DEPARTMENT -- FOR DOMESTIC
VIOLANCE ADMINISTRATOR AND TWO
SENIOR COUNSELORS -- ALLOCATE
.FUNDS ($74,921. FROM DOMESTIC
'-:VIOLANCE:-I'NTERVENTION GRANT).
DIRECT TEATRO MARTI M 97-27 129-138
ADMINISTRATION TO PAY ALL TAXES 1/16/97
DUE WITHIN 30 DAYS -- TO PROVIDE
DOCUMENTS TO LOAN HOLDER (MIAMI
CAPITAL) -- INITIATE FORECLUSURE
IF ABOVE STIPULATIONS ARE NOT
MET.
APPROVE ABATEMENT OF LIENS FOR R 97-28 .138-146
JOSE DIAZ, PRESIDENT OF SOUTH 1/16/97
FLORIDA CONCRETE READY MIX -- FOR
PROPERTY AT 211 N.W. 1 PL, 2160
N.W. 1 AVENUE, 155 N.W. 21 STREET
(WYNWOOD BROWNFIELDS) -- TO
DEVELOP BUSINESS & TO PROVIDE 25
JOBS WITHIN TWO YEARS OF ALL
LIENS BEING CLEARED, IF NOT,
LIENS ARE REINSTATED.
DISCUSS / DEFER TO NEXT MEETING DISCUSSION 146-158
POSSIBILITY OF DISMISSING CITY 1/16/97
BOARD MEMBERS WHO SUPPORT
ABOLISHMENT OF CITY.
33.
DISCUSS BRIEFLY CITY'S
DISCUSSION
158-161
DISCONTINUATION OF SCHOOL
1/16/97
CROSSING GUARD PROGRAM.
34.
INSTRUCT CITY ATTORNEY TO ASSIST
R 97-29
161-163
DADE FOREIGN TRADE ZONE ,INC.,IN
1/16/97
CONNECTION WITH CHALLENGES FROM
TRADE ZONE,INC. -- FURTHER
EXPRESSING COMMISSION'S SUPPORT
FOR WYNWOOD'S DADE FOREIGN TRADE
ZONE, INC.
35.
APPOINT WILLIAM RIOS TO FEDERAL
R 97-30
163-165
ENTERPRISE COMMUNITY COUNCIL.--
M 97--30.1
RECONSIDER R96-738 WHICH
R 97-30.2
APPOINTED INDIVIDUALS TO FEDERAL
1/16/97
ENTERPRISE COMMUNITY COUNCIL --
RESCIND R 96-738 / APPOINT DANIA
BRADDY, JOHNNY MATTHEWS, JOSE
DEGOTI TO FEDERAL ENTERPRISE
COMMUNITY COUNCIL.
36.
APPOINT MICHELLE LUBIN/SIEVE
R 97-31
165-166
MARIN-- TO CITYWIDE COMMUNITY
1/16/97
DEVELOPMENT ADVISORY BOARD.
_37.
-'APPOINT-BOB VALLEDOR TO NUISANCE
R-97-32
166-168
ABATEMENT BOARD.
1/16/97
38.
APPOINT GLEN DISTON TO COCONUT
R 97-33
168-169
GROVE STANDING FESTIVAL
1/16/97
COMMITTEE.
39.
APPOINT MORENO HABIF TO PROPERTY
R 97-34
169-170
AND ASSET REVIEW COMMITTEE.
1/16/97
40.
APPOINT GEORGE TRELLES/RAFAEL
R 97-35
170-171
PORTUONDO TO LATIN QUARTER REVIEW
1/16/97
BOARD.
41.
APPOINT ANGEL GONZALEZ TO CODE
R 97-36
171-172
ENFORCEMENT BOARD FOR A TERM AS
1/16/97
DESIGNATED HEREIN.
42.
APPOINT PHIL EVERINGHAM TO
R 96-37
172-173
WATERFRONT ADVISORY BOARD.
1/16/97
43.
DISCUSS APPOINTMENTS TO HISTORIC
DISCUSSION
173-174
AND ENVIRONMENTAL PRESERVATION
1/16/97
BOARD.
44.
APPOINT ROSA CABEZA TO HEALTH
R 97-38
174-175
FACILITIES AUTHORITY.
1/16/97
B
45.
APPOINT BOB RODRIGUEZ, ORLANDO
R 97-39
175-176
GARCIA, JR., MARIA ELENA ALFONSO
1/16/97
TO THE INTERNATIONAL TRADE BOARD.
46.
APPOINT REGINA BERMAN TO
R 97-40
176-177
COMMISSION ON STATUS OF WOMEN.
1/16/97
47.
APPOINT ORLANDO GARCIA, JR. TO
R 97-41
177-178
BOARD OF DIRECTORS OF THE UNITY
1/16/97
COUNCIL OF MIAMI ("TUCOM").
48.
APPOINT RAMIRO MARRERO TO
R 97-42
178-179
AFFIRMATIVE ACTION ADVISORY
1/16/97
BOARD.
49.
DISCUSS APPOINTMENT TO BAYFRONT
DISCUSSION
179
PARK MANAGEMENT TRUST.
1/16/97
50.
(A) CITY MANAGER TO DISCUSS AT
R 97-43
180-183
NEXT COMMISSION MEETING
R 97-43.1
ALTERNATIVES TO FINANCIAL PLAN
1/16/97
AND ADDRESS QUESTION OF HAVING
ADDITIONAL $9,000,000 IN RESERVE.
(B) COMMISSIONER PLUMMER
EXPRESSES CONCERN ABOUT NEED FOR
OVERSIGHT BOARD TO MEET DIRECTLY
WITH CITY -COMMISSIONERS ON
REGULAR BASIS.
(C) SETTING CAP OF $20,000. TO
PAY OUTSIDE COUNSEL ENGAGED BY
MERRIT STIERHEIM FOR LABOR &
PENSION MATTERS.
41;
1�
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 16th day of January, 1997, 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.
i
The meeting was called to order at 9:10 a.m. by Vice Mayor Tomas Regalado with the
following members of the Commission found to be present:
Vice Mayor Tomas Regalado
Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
ALSO PRESENT:
Edward Marquez, City Manager
A. Quinn Jones, III, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
ABSENT:
Mayor Joe Carollo
An invocation was delivered by Commissioner Gort, after which Commissioner
Hernandez then led those present in a pledge of allegiance to the flag.
1
January 16, 1997
ME
--------------------------------------------------------------------- ------------------------------------ -------
1. A. COMMENDATIONS/PRESENTATIONS:
j (A) POLICE OFFICERS JORGE CASTELLO AND JOSE PASTOR -
OUTSTANDING OFFICERS FOR 11/96.
(B) POLICE OFFICERS ANGEL CALZADILLA AND FRANK CASANOVA -
OUTSTANDING OFFICERS FOR 12/96.
----------------------------------------------------------------------------------------------------------------
NOTE FOR THE RECORD: Mayor Carollo enters the
Commission chamber at 9:18 a.m.
NOTE FOR THE RECORD: Prior to the beginning of the meeting,
A ministration had wit drawn the following agenda items: CA-3,
2, 15, 16 and 18.
---------------------------------------------------------- ------------------------------------------------------
2. CONSENT AGENDA.
Mayor Carollo: Good morning. We are now on the consent agenda, if the members of the
Commission can briefly go through the consent agenda and let me know if there are any items
that you would like to pull or would like to discuss.
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD.)
Mayor Carollo: Yeah, it's still late.
Mayor Carollo: Is there anyone from the public that objects to any item on the consent agenda
or would like to address any item on the consent agenda?
Commissioner Plummer: Mr. Mayor, on the consent agenda, I'll make a motion.
Commissioner Hernandez: Second.
Mayor Carollo: There's a motion and there's a second. Mr. Manager.
Mr. Edward Marquez (City Manager): We'd like item CA-3 pulled.
Mayor Carollo: "C"?
Mr. Marquez: CA-3.
Mayor Carollo: CA-3. OK. If the makers of the motion accept that, C-3... CA-3, rather, will be
pulled. OK. Hearing no additional comments, all in favor, signify by saying "aye."
2 January 16, 1997
1
The Commission (Collectively): Aye.
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, i WAS DETERMINED THAT ANY CONSENT
AGENDA ITEM, WHICH IS PULLED BY A GIVEN
COMMISSIONER FROM THE CONSENT AGENDA FOR
FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE
AUTOMATICALLY DEFERRED AND SCHEDULED, AS A
REGULAR ITEM, ON THE NEXT AVAILABLE AGENDA,
THEREUPON MOTION DULY MADE BY
COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER HERNANDEZ, THE CONSENT
AGENDA ITEMS WERE PASSED BY THE
FOLLOWING VOTE:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wit'redo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
2.1. ACCEPT BID: TEMPLETON & FRANKLIN VETERINARY ASSOCIATES -- FOR
POLICE DEPT. -- ALLOCATE FUNDS ($16,000, ACCT. CODE 001000-290201-6-
260).
RESOLUTION NO. 97-1
A RESOLUTION ACCEPTING THE BID OF TEMPLETON &
FRANKLIN VETERINARY ASSOCIATES, FOR THE FURNISHING
OF VETERINARY SERVICES TO THE DEPARTMENT OF POLICE
ON A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION
TO EXTEND FOR ONE(1) ADDITIONAL YEAR, AT A TOTAL
PROPOSED AMOUNT OF $16,000,00; ALLOCATING FUNDS
THEREFOR FROM THE POLICE DEPARTMENT FY' 96/97
GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000-
290201-6-260; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
' ORDER FOR THIS SERVICE, AND THEREAFTER TO EXTEND
THIS CONTRACT FOR AN ADDITIONAL ONE (1) YEAR PERIOD
AT THE SAME PRICE, TERMS AND CONDITIONS, SUBJECT TO
THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3 January 16, 1997
Ed
2.2. ACCEPT BID: ATLANTIS CONSTRUCTION OF SOUTH FLORIDA --
PLAYGROUND STRUCTURE, SAND, RESILIENT SURFACE AND WOOD
EDGING AT ATHALIE RANGE PARK -- FOR PARKS AND RECREATION --
ALLOCATE FUNDS ($33,950, ATHALIE RANGE REHAB CIP #331070, INDEX
CODE 589301-860).
RESOLUTION NO. 97-2
A RESOLUTION ACCEPTING THE BID OF ATLANTIS
CONSTRUCTION OF SOUTH FLORIDA, FOR THE FURNISHING
AND INSTALLATION OF A PLAYGROUND STRUCTURE, SAND,
RESILIENT SURFACE AND WOOD EDGING AT RANGE PARK, IN
A TOTAL PROPOSED AMOUNT OF $33,950.00, FOR THE
DEPARTMENT OF PARKS AND RECREATION; ALLOCATING
FUNDS THEREFOR FROM ATHALIE RANGE REHABILITATION
CAPITAL IMPROVEMENT PROGRAM, PROJECT NO. 331070,
INDEX CODE 589301-860; AUTHORIZING THE CITY MANAGER
TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCIASE ORDER FOR THIS ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
--..,2.3. ACCEPT BID: R. TARAFA, GENERAL CONTRACTOR, INC. -- FOR
` J INSTALLATION OF BLEACHERS AND SLABS AT HADLEY PARK -- FOR
- PARKS AND RECREATION -- ALLOCATE FUNDS ($11,950, HADLEY PARK
RECREATION BLDG. RENOVATIONS CIP #331391, INDEX CODE 589301-860).
RESOLUTION NO. 97-3
A RESOLUTION ACCEPTING THE BID OF R. TARAFA, GENERAL
CONTRACTOR, INC., FOR THE FRURHISHING AND
INSTALLATION OF BLEACHERS AND SLABS AT HADLEY PARK,
IN A TOTAL PROPOSED AMOUNT OF $11,950.00, FOR THE
DEPARTMENT OF PARKS AND RECREATION; ALLOCATING
FUNDS THEREFOR FROM HADLEY PARK RECREATION
BUILDING RENOVATIONS CAPITAL IMPROVEMENT PROGRAM,
PROJECT NO. 331391, INDEX CODE 589301-860, COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4 January 16, 1997
2.4. ACCEPT BID: AMERICAN MEDICAL DEPOT -- I.V. CATHETHERS -- FOR FIRE -
RESCUE -- ALLOCATE FUNDS ($40,150, FIRE RESCUE '97 BUDGET, ACCT
CODE 001000.280501.6340.71426).
RESOLUTION NO. 97-4
A RESOLUTION ACCEPTING THE BID OF AMERICAN MEDICAL
DEPOT, FOR THE PROVISION OF 1. V. CATHETERS ON A
CONTRACT BASIS FOR ONE (1) YEAR, WITH THE OPTION TO
EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS,
FOR THE DEPARTMENT OF FIRE -RESCUE AT A TOTAL
PROPOSED ANNUAL COST OF $40,150.00; ALLOCATING FUNDS
THEREFOR FROM THE DEPARTMENT OF FIRE -RESCUE FY' 97
budget, account code no. 001000.280501.6340.71426; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE PURCHASE ORDERS FOR SAID ACQUISITION
AND THERAFTER TO EXTEND THIS CONTRACT FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS, AT THE SAME PRICE,
{ TERMS AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF
i
FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.5. - APPROVE PURCHASE OF MEDICAL GASES FROM AIR PRODUCTS &
' CHEMICALS, INC./LIQUID CARBONIC/FLORIDA AIRGAS D/B/A SOUTHEAST
AIRGAS, UNDER DADE COUNTY CONTRACT 0643-2/98, AT TOTAL OF
$15,000 -- FOR FIRE RESCUE -- ALLOCATE FUNDS, ACCOUNT CODE 1.05000-
280502-6-704 9$3,675) AND 001000-280601-6-670 ($11,325).
RESOLUTION NO. 97-5
A RESOLUTION APPROVING THE PURCHASE OF MEDICAL
GASES FROM AIR PRODUCTS AND CHEMICALS, INC., LIQUID
CARBONIC, AND FLORIDA AIRGAS D/B/A SOUTHEAST AIRGAS,
UNDER EXISTING DADE COUNTY CONTRACT NO. 0643-2/98, AT
A TOTAL PROPOSED AMOUNT OF $15,000.00, FOR THE
DEPARTMENT OF FIRE -RESCUE FOR ONE (1) YEAR WITH THE
OPTION TO EXTEND FOR AN ADDITIONAL ONE (1) YEAR
PERIOD; ALLOCATING FUNDS THEREFOR FROM ACCOUNT
CODE NUMBERS 105000-280502-6-704 ($3,675.00) AND 001000-
280601-6-670 ($11,325.00); AUTHORIZING THE CITY MANAGER
TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS ACQUISITION AND THEREAFTER
TO EXTEND THIS CONTRACT FOR AN ADDITIONAL ONE (1)
YEAR PERIOD AT THE SAME PRICE, TERMS AND CONDITIONS,
SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
5 January 16, 1997
2.6. ACCEPT DONATION OF ROYAL POINCIANAS -- "COMMITTEE TO RESCUE
THE CUBAN HISTORICAL ROOTS AND MONUMENTS IN THE WORLD"
ORGANIZATION -- FOR "BAY OF PIGS MEMORIAL PARK."
RESOLUTION NO. 97-6
A RESOLUTION ACCEPTING A DONATION FROM THE
"COMMITTEE TO RESCUE THE CUBAN HISTORICAL ROOTS
AND MONUMENTS IN THE WORLD" ORGANIZATION OF SIX 10'
ROYAL POINCIANAS TO BE PLANTED AT THE "BAY OF PIGS
MEMORIAL PARK", SAID DONATION VALUED AT
APPROXIMATELY $270.00.
i
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.7. ACCEPT PLAT BIRTH COVENANT: TERRANOVA BISCAYNE.
RESOLUTION NO. 97-7
A RESOLUTION WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED: TERRANOVA BISCAYNE, A SUBDIVISION IN THE
CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE
PLAT AND STREET COMMITTEE, AND ACCEPTING THE
DEDICATIONS SHOQN ON SAID PLAT; ACCEPTING THE
COVENANT TO RUN WITH THE LAND POSTPONING THE
IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS
UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS;
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
DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
Mayor Carollo: OK. That's the end of the consent agenda.
Commissioner Plummer: Move item 2.
Mayor Carollo: Item 2, I believe, has been removed, has been pulled, I believe, by the
Administration.
Commissioner Plummer: All right.
6 January 16, 1997
f
0
PY1
----------------------------------------------------------------------------------------------------------------
3. PERSONAL APPEARANCE: JIM JORDAN, COMMODORE MIAMI YACHT
CLUB -- TO REQUEST AUTHORIZATION TO ENTER INTO AN
AGREEMENT WITH THE NATIONAL MARINE MANUFACTURERS
ASSOCIATION (NMMA) TO HOST PART OF 1997 MIAMI
INTERNATIONAL SAILBOAT SHOW -- DISCUSSIDEFER TO MEETING
OF 1/23/97.
Mayor Carollo: Now we're on item 3. Mr. Jordan, Commodore of the Miami Yacht Club,
would you come up, sir? Go ahead, sir.
Mr. Jim Jordan: Mr. Mayor and Commissioners, this item regards the boat show, Miami
International Sailboat Show being...
Mayor Carollo: I'm sorry. If you could identify yourself with an address, we just need it for the
record. Thank you.
Mr. Jordan: Oh, OK. Jim Jordan. I am the Commodore of the Miami Yacht Club. This is
Harold Cobb. He's the Rear Commodore of the Miami Yacht Club.
Mayor Carollo: Go ahead, sir. Thank you.
..�,..Mr:-Jordan:--.OK.- This is regarding the annual Sailboat Show, which is part of the Miami
International Boat Show. It's been held at a site at the Miami Yacht Club the past two years.
According to the terms of our lease, we need to request permission to hold the show again this
year at the site, because, in essence, it's a sublease of our property. That's essentially where we
stand. And we come requesting permission to hold the show again this year on the February
dates of February 13th through 19th.
Mayor Carollo: Does it cost you any monies in personnel that you have to put, yourself, to
handle this, or do the boat show people take care of all that for you?
Mr. Jordan: Yes. We... Essentially, we... they take over a good portion of the site, and we're
out of pocket, because we cannot charge boat rentals for the slips. We have to move our boats
out of the slips, and over half the property, the boats that are on trailers, are moved to a
different... out of the way of the boat show. In out-of-pocket expenses, Mr. Cobb has just kind
of prepared a summary of approximately fourteen thousand dollars ($14,000) additional cost...
That's income that we forfeit, essentially.
Mayor Carollo: You're forfeiting approximately fourteen thousand dollars ($14,000)?
Mr. Jordan: Yes, in income from rentals to the slips and everything. We pay the rent. The
lease... the monthly rent is paid.
f
Mayor Carollo: I'm a little lost here. If you're losing fourteen thousand, why, then, do you only
want to make five thousand?
Mr. Jordan: No. The boat show pays us thirty-five thousand.
Mayor Carollo: Right. But you're offering thirty thousand to the City of Miami.
Mr. Jordan: That...
Mr. Harold Cobb: I'll go ahead, Jim...
Commissioner Gort: No, they're not. The staff recommended it.
Mr. Cobb: Mr. Mayor, maybe I can explain that better. The letter...
Mayor Carollo: OK. Go ahead.
Mr. Cobb: If you'll follow the letter, we have certain...
Mayor Carollo: Let me get this letter here that we have here.
Mr. Cobb: Yes. We have certain fixed expenses that go with the operation of the club. And we
are assuming that approximately half of those fixed expenses for the month of February, which is
the utility expenses, which is the electric light bill and other utilities, when the boat shr v is
there, our utilities go up, and they use approximately half of the utilities as it is. The property
tax, we... since they're using half of the property, we thou,ght they should pay one twelfth of one
half of what we pay for property tax. And the same thing would apply for the lease. An we have
two employees which spend about half their time during the month of February on essentially
what is maintaining the lialf area of the boat club that tile boat show is using, and then phone
calls to the office. And our garbage collection goes up. Not only do we have to have an extra
container, but we have to have it picked up twice. And a proportion of the liability insurance.
And these fixed expenses that apply just to the area that we're letting their use is six thousand
two hundred and fifty dollars ($6,250). Then we lose the revenues on the slips for the month,
because we have to ask our members to trove out of the wet slips and half of the dry slips. So
we lose twenty-three hundred dollars ($2,300) on the dry slip storage and forty-two hundred
dollars ($4,200) on the wet slip storage. And since the boat show is there during that month, the
bar and restaurant also doesn't have the use that it does. We assume, based on last year, we lost
about a thousand dollars ($1,000) because of the boat show. And we also lose the rental that we
would have on the meeting room, through various small clubs that use the meeting room, of
about eight hundred dollars ($800). And each month, we give every member of the club a ten
dollar ($10) coupon for their guest to come in and use the restaurant. During the month of
February, we don't issue these coupons, and that causes us to lose two thousand dollars ($2,000)
in income. And the subtotal is ten to three. So, if you added these all up, it comes up to sixteen
thousand five hundred and fifty dollars ($16,550). Then we have what we call goodwill. During
the show, members like myself and others have to come and move the boats from the dry
storage, and we assist, the boat show in getting information out, or if they have problems with
something. Like last year, the Fire Department came and said, "We want ten fire lane no parking
signs." And the boat show man came to me and said, "Where can I get signs that quick?" I said,
"Come over here. I've got ten of them in the back of my car that I happen to have bought and
put up for the yacht club. I'll let you use those." They keep ask... having requests that cost us
things, cost us time and money. And all of... We've put a value of eighteen thousand four
hundred and fifty dollars ($18,450) on these goodwill items, which adds up to thirty-five
thousand dollars ($35,000). Now, from this...
Mr. Jordan: Let me step over there.
Mr. Cobb: Yeah.
Mayor Carollo: Mr. Manager, you'd better learn from them. We better start charging for our
goodwill.
8 January 16, 1997
VI
+1 rtK�
Mr. Cobb: Well, that's one thing a business does have, is goodwill. It you... We're a miniature
convention bureau down there during the boat show. You'd be amazed at the number of phone
calls that come in, and the things that the people who are exhibiting ask. "Where is a good
hotel? Where is a goad place to eat? Where is a laundromat?" And I'm. ,. I was down there last
year two hours during the week and four hours on Saturday and Sunday. And a lot of the other
members were doing the same thing. So, this presents a very good of the City of Miami
to everybody that's coming here.
Mayor Carollo: And, of : ourse, you're sending theist to the hotels and restaurants on the Miami
side, right?
Mr. Cobb: We send them in the Miami side, that's correct, because they're less expensive than
the Beach. The Beach is much more expensive. Any...
Mr. Jordan: Parking. Parking is a lot better.
Mr. Cobb: Yeah, and the parking is better. But from this money, we are now... want to do some
projects at the club, and make the club a little nicer and better. And these are all small little
things. And I... And these total projects add up to about twenty-eight thousand two hundred
dollars ($28,200). And the members also help build these projects. And I've put a value on the
donated labor of about twenty-two thousand dollars ($22,000). But we... There are certain
projects that we have to do for the boat show, and we need thirty-five thousand dollars ($35,000)
to buy the materials and proceed with these projects, because the boat show is coming up very
quickly.
MMayor- Carol lo: -The bottom line...
Mr. Jordan: This...
Mayor Carollo: Well, the bottom line is - I'm sorry - that from what I see in your letter that you
just gave us now, you're telling us that even with the thirty-five thousand they're giving you,
you're having a loss. Therefore, you don't want to give the City of Miami anything.
Mr. Jordan: Well, essentially, a lot of the projects we had planned, which, because this is third
year of the boat show, we've improved the club each year from the funds we receive. So this...
You know, this is new this year. We, you know, we didn't know what to expect coming in
today, really.
Mayor Carollo: Mr. Manager.
Mr. Marquez: From what I understand, you know, they've had our recommendation for a couple
of weeks, and now, we're just getting their recommendation. And we don't... We haven't had
time to review this. What I would suggest is that we defer this item till next week, and give us
the opportunity to figure out what type of revenues that the Yacht Club is getting, besides what's
shown here, and have a real negotiation away from the public forum.
Mayor Carollo: I think it's a very good recommendation. We want to be fair, but at the same
time, the City of Miami needs to receive monies, if at all for anything, as far as goodwill, of
giving them the OK to be able to do this project. So if you could bring it back to us. Ard please
make sure that you go through these numbers very carefully, because it's easy for accountants to
get carried away and put higher numbers on paper, thinking that we're just going to do what was
done in past years, just OK everything without looking at it, and then come back to us. And if
you feel differently, that your recommendation that's here today should be modified, then let us
know.
9 January 16, 1997
Commissioner Gort: Also, those numbers look real good, so that might be an advantage to the
next negotiation. Thank you.
Mr. Jordan: OK.
Mayor Carollo: Thank you.
Mr. Jordan: Thank you, Mayor and Commissioners.
------------------------------------------------------ ---------------------------------------------------------
4. POSTPONE SALE OF HAITIAN MARKETPLACE AT 5925 N.E. 2
AVENUE -- NEGOTIATE WITH STATE TO STOP FORECLOSURE IN LIEU
OF OWNERS DEEDING PROPERTY BACK TO STATE AND CITY OF
MIAMI -- SEE LABEL 8.
Mayor Carollo: Next item on the agenda for personal appearances is item 4, representatives
from the Haitian community to address the Commission regarding the Haitian Marketplace
located at 5925 Northeast 2nd Avenue in Little Haiti. If you could state your name and address
before you begin, please. Thank you.
Ms. Marleine Bastien: My name is Marleine Bastien, and I'm at 710 Northeast 152nd Street.
- =Mayor Carollo: Yes, go ahead.
Ms. Bastien: Mr. Mayor, Mr. Vice Mayor, Mr. City Attorney, City Commissioners. My name is
Marleine Bastien. In the name of the Haitian community, I thank you for giving us the
1 opportunity to address you this morning on a matter of utmost importance to the Haitian
community, the Caribbean Marketplace. The Caribbean Marketplace was designed and built in
1989 by an architect born in Haiti, Mr. Charles Pawley, who is here with us, for the Haitian Task
Force to promote economic development in the Haitian community, a community that has and
continues to be grossly underserved. Since its conception, the Caribbean Marketplace has been a
source of pride for the Haitian community, because of its social, cultural and historical meaning.
In fact, the Caribbean Marketplace is not only simply a building. It is a piece of the rich Haitian
culture that was transported from Haiti to the Magic City, Miami. The Caribbean Marketplace is
a favorite visiting place for Haitians and non -Haitians, as well. Unfortunately, two years ago,
the entity that was managing the Caribbean Marketplace, the Haitian Task Force, has dissolved.
And the Honorable Judge David Tobin gave control of the Caribbean Marketplace to the City of
Miami, which decided to auction the Caribbean Marketplace on January 23, 1997. We are here
today to ask you, first, to stop the auction; second, to give the Haitian community a chance to
implement a plan to save the cultural and historical value of the Caribbean Marketplace, to keep
our youngsters off the streets, to create new jobs in the Haitian community, to provide a
management team to assure that the Caribbean Marketplace would meet its financial obligations,
and to obtain financing. Our plan is to convert the Caribbean Marketplace into a youth
development center. Our artists and others from several disciplines will receive formal, and
improve their skills. Our youngsters will find a place to do their homework after school, and
receive proper assistance from qualified teachers, and develop their skills. Our plan includes a
counselling program, a physical education program that will offer karate classes, folk dances,
aerobic classes, and weight room; an academic education program that will offer after school and
citizenship classes; a social, cultural promotion program that will offer art gallery and studio
classes, painting classes, drama classes, and reception rooms; an economic development project
10 January 16, 1997
that will develop a credit union for the Haitian community. Dear City Commissioners, one day
in 1990, some of you had signed a resolution to help the Haitian community implement this pilot
project. Do riot take this away from us. Societe' Coucuie, a well known cultural non-profit
organiz<ltion in Miami, founded in 1986, has a track record and has proven itself to the Haitian
community. Societe' Coucuie would like to be given a chance to implement the plan stated
above. We urge you to reconsider and turn the Caribbean Marketplace over to the Haitian
community, which will be the beneficiary of a variety of programs, programs mentioned above.
Attached, you will find... you must have a copy of a budget with different allocations and with
the plan of how the Haitian community would like to turn the Caribbean Marketplace into a
dynamic youth development center. We thank you.
Commissioner Plummer: Mr. Manager.
Mr. Edward Marquez (City Manager): Yes, Sir.
Commissioner Plummer: Why are we foreclosing and selling it?
Mr. Marquez: We are owed money. I'll let Ed... defer to Ed.
Mr. Elbert Waters (Director, NET/Community Development): Good morning. Mr. Mayor and
members of the Commission, the City of Miami is foreclosing because the City currently has a
one hundred and fifty thousand dollar ($150,000) mortgage on the property, in conjunction with
the State of Florida, in the same amount. There are a number of liens that are placed against the
property. The City is attempting to exert its rights to make certain that we are protected, and
acquire the property, and then once we gain control, then we will, hopefully, be in a position to
look at working with this group in their endeavor.
Commissioner Plummer: Well, see, you_ -The Judge has given -you control by giving you the
right to auction it.
Mr. Elbert Waters: To foreclose.
Commissioner Gort: To foreclose.
Commissioner Plummer: Just to foreclose?
Mr. Elbert Waters: To foreclose, yes, sir.
Commissioner Plummer: OK.
Mr. Elbert Waters: That foreclosure date is scheduled for January 23rd. Staff has met with the
group, and we've talked, basically, in an attempt to get... to explain to them what the process is,
and also, to indicate to the Haitian community and the representatives of the Haitian community
that until such time as the City is able to gain control, then we will be in a position to start
negotiating, or at least discussing what the potential reuse of that facility could be.
Commissioner Plummer: Well, my problem is, if you do regain control, that doesn't mean
you're going to get your money.
Mr. Elbert Waters: Well, the...
Commissioner Plummer: Unless we sell the property.
Mr. Elbert Waters: We could sell. Right now, the State has joined with the City of Miami, so
the total amount budgeted for this particular foreclosure action is approximately three hundred
11 January 16, 1997
i and fifty thousand dollars ($350,000). That includes the State's amount. We are, I guess,
confident that we probably will be successful. Once we have control, then we'll be in a better
position to look at moving forward. We don't think that a private entity, although that's a
possibility, would outbid bidders in that foreclosure. We are in concert with the interests of the
community, but we're not... The City is not in a position to talk about, you know, reuse or
anything until we have full control of the property. And I believe the group fully understands
that position.
Commissioner Plummer: Well, but let me ask...
Commissioner Gort: Who owns the property already? Who are we foreclosing on? It's not this
group, is it?
Mr. Elbert Waters: No, no.
Commissioner Gort: No. It's a different group.
Mr. Elbert Waters: No. It's a different group. And this...
Commissioner Gort: So they understand that if... we need to take over the property before we
can do anything.
Mr. Elbert Waters: Correct.
Commissioner Gort: OK.
.� Commissioner Plummer: • Is this group talking about N-ying-the property? Because I didn't hear
that?
Mr. Elbert Waters: That's a... I'll let them speak for themselves. That is always an option,
Commissioner Plummer. Again, what we're saying is, once we gain control, we'll put
everything on the table and look at, you know, the various different alternatives in that area.
Commissioner Hernandez: What is the appraised value of the property, Mr. Waters?
Mr. Elbert Waters: I could get that for you, Commissioner Regalado (sic). I don't know that
right off the top of my head.
I
Commissioner Hernandez: That was me. It's me.
Mr. Elbert Waters: I'm sorry. I was... I'm sorry.
Commissioner Hernandez: What's... How much is the City of Miami owed?
Mr. Elbert Waters: One hundred and fifty thousand.
Commissioner Hernandez: How much is the State owed?
Mr. Elbert Waters: One hundred and fifty thousand.
Commissioner Hernandez: And we don't know what the appraised value of the property is?
Mr. Elbert Waters: I would have to speak to Asset Management to see what that price is.
12 January 16, 1997
Commissioner Hernandez: Who's first on the mortgage?
Mr. Elbert Waters: The City of Miami.
Commissioner Plummer: You spoke of three hundred and fifty thousand. Is there someone else
out there that's owed money?
Mr. Elbert Waters: Yes, sir. It's the State of Florida, and then there are a number of liens
thereafter.
Commissioner Hernandez: City liens?
i
Mr. Elbert Waters: No. They're mechanics, primarily.
Commissioner Hernandez: Mechanic liens.
Mr. Elbert Waters: Yes. They're various...
Commissioner Hernandez: So we might be upside... Is there a possibility that the City is upside
down on this?
Mr. Elbert Waters: I would have to defer to the City Attorney on that, in that instance.
Commissioner Hernandez: The question is, does the property owe more than what it's worth?
Com-missioner Plummer: Well, he doesn't know what it's worth.
"-A. Quinn Jones, II1, Esq, (City Attorney): I'm not sure what it's worth, but...
Commissioner Hernandez: It sounds to me that we owe more, between the City loan, the State
loan, and the mechanic liens, than what the property is worth. Why would we want to buy this
property, then? To save our hundred and fifty thousand dollars ($150,000) that are owed?
I Mr. Elbert Waters: Yes.
Mayor Carollo: That's not what I understand. My understanding is that the property is worth
more than that. So we need to be sure, first of all, what the County has it assessed for, and if
there have been any appraisals of late, so we can know what we're dealing with.
Commissioner Hernandez: They don't know.
Mayor Carollo: Yeah.
Vice Mayor Regalado: What would be the cost to the City of Miami if we delay the auction?
Commissioner Plummer: Why would you delay? All you're doing is taking control.
Mr. Elbert Waters: Well, the Judge has scheduled the foreclosure for the 23rd.
Mr. Jones: For the auction.
Commissioner Plummer: You've got nothing to lose by taking control. As a matter of fact,
you've got something to gain by taking control. Without control, you have nothing. So, I don't
see any reason to delay the obvious of taking control. My question is, now, even though maybe
not being paid, are they paying taxes now? Are they assessed taxes?
13 January 16, 1997
Mr. Elbert Waters: Yes. It was under private ownership at the time.
i
Commissioner Gort: Two thousand dollars ($2,000), according to this.
Commissioner Plummer: It's got to be more than two hundred... two thousand dollars ($2,000),
if it's on the tax rolls.
Commissioner Hernandez: J.L. nlr, go ahead.
Commissioner Plummer: Two thousand dollars ($2,000)
Commissioner Hernandez: The problem is, we're stepping right into the shoes of the debtor at
this point in time. We're taking over the State debt, we're taking over the mechanic liens.
Commissioner Plummer: Well, but without knowing exactly how much those are, we don't
know what we're talking about. We don't know the assessed value. I have a great concern. If
you're talking of assessed value of a half a million dollars, you're talking ad valorem taxes, if it
goes out to the private sector. You know, that's what we're looking for around here, is recurring
taxes. You can't take something off a tax roll and give it to a non-profit where there's no taxes
being paid.
Commissioner• Hernandez: Right. If we purchase the property through the foreclosure sale,
we'd be actually wiping out the second and third and all the...
Mr. Jones: That's correct.
Commissioner Hernandez:- Because those mechanic liens aren't...
Mr. Jones: Yeah, because keep... Yeah. Keep in mind that the State has given us authority to
bid on their behalf, as well, because they are half owner in this judgment.
Commissioner Hernandez: And the foreclosure sale is on the 23rd of what? January?
Mr. Elbert Waters: Yes, sir.
Commissioner Plummer: What would be any plus item, any benefit to the City to delay the
23rd?
Mayor Carollo: I don't see any, not right now.
Mr. Jones: I don't think there would be any.
Commissioner Plummer: I don't think there's any at all. And then, once that takes place, then
i you can come back to this Commission, telling us how much the assessed value is, how much
the liens are, and all of that, that you're not able to tell us today. So I would move at this time,
Mr. Mayor, that until we have information on which we can make reasonable decisions, I'll
move to defer.
Mayor Carollo: Well, you're going to defer what, Commissioner?
Commissioner Plummer: I'm going to defer any further discussion and let it proceed on the
23rd.
14 January 16, 1997
Mayor Carollo: Well, I don't think that we really need a motion for that. I think that we can go
ahead. You made it clear we all have... You know, they've presented their case to us, and we
feel that it should go forward. But we do need...
Commissioner Plummer: Information.
Mayor Carollo: ... to know the assessed value of that property, and to know when was the last
time that there was an appraisal made on it. It's something, really, that you all should have had
here today.
Commissioner Plummer: Let's move on.
Mr. Elbert Waters: Thank you.
Mayor Carollo: Well, you've heard this Commission. If you'd certainly like to add something
to it, you have that opportunity, sir.
Mr. Charles H. Pawley: Oh, I would definitely like to add something to it. My name is Charles
Harrison Pawley. I'm an architect. I was the architect of the Caribbean Marketplace. I live at...
or I work at... Do you want to know where I live or where I work?
Commissioner Plummer: Mailing address.
Mr. Pawley: 4515 Ponce de Leon, Coral Gables. The reason I'm here is these people from the...
Little Haiti came to me saying, "What can we do? How can we keep this building as part of
Little Haiti, not having another entity take it over?" They're terribly afraid that that is what's
' going to happen. And when I listen to the Commission talking about it, they... and rightly so,
- ---they look at it as, "OK, how much is on the tax rolls? How much can we get back of our
hundred and fifty that is owed to us?" You're thinking of it as... you know, in the sense of
dollars and cents, not as a focal point for this community. That's what they're thinking about.
They have a building that is as importantor more important than any other building in Little
Haiti to them, and they want to keep it. And they don't want to lose it because we're thinking
about it in terms of just dollars.
Commissioner Plummer: Mr. Pawley?
j Commissioner Gort: Excuse me.
Mr. Pawley: Yes.
Commissioner Plummer: You were the architect...
Commissioner Gort: Do you understand...? Excuse me a minute, J.L. Do you understand
what's in front of us today? You're asking us to deter action that needs to be taken on the 23rd.
By doing so, you're making it worse. The City needs to take this over, so that action on the 23rd
should take place.
Commissioner Plummer: Other than that, we can't talk.
Mr. Pawley: OK. Well, I'm actually not asking...
Commissioner Gort: And then after we do that, then we can come back with specific plans and
other ideas. That's what's in front of us today.
15 January 16, 1997
S�d.u.r..
Mr. Pawley: Yeah. All right. That's... What I'm going to say will only last two or three more
minutes. But I wanted to...
Commissioner Plummer: But you were the architect in the inception.
Mr. Pawley: Yes.
Commissioner Plummer: Would that thing exist today without this City Commission's help?
Mr. Pawley: Probably not.
Commissioner Plummer: You bet your hippy. So don't say that we're not looking at it as a
focal point of that community, as we did. It's not our fault the thing fell through the cracks.
Mr. Pawley: Absolutely not. And there's...
Commissioner Plummer: OK. But your comments were that we were looking at it from a dollar
value only.
Mr. Pawley: Well I... Then I misstated, because I'm certainly not going to criticize the
Commission, particularly since the Commission is the one that can help this community.
Mayor Carollo: Well, we thank you for that, Mr. Pawley. It's refreshing.
Mr. Pawley: I am only trying to point out that... and you now can see in front of you what the
Caribbean... You might not know what the Caribbean Marketplace is. And so it's important that
-,1-1 tell you just a couple little things, and then I'll leave it alone. The Caribbean Marketplace,
when it was built, was, again, at first, very successful. And then, of course, it fell on hard times,
and there was not enough money to run it and not enough income coming in. But while it was in
this condition, we entered the Caribbean Marketplace in a national competition, and we won
that. There is no building in South Florida - I'm not talking about just Miami - in South Florida
that has ever won an AIA national honor award except one, the Caribbean Marketplace. So, it is
in itself, in that one area, is more important than any other building in Miami. But to the
Haitians in Little Haiti, it is "the" most important thing. All they're trying to say is, in your
considerations, beyond the money, please... They have a plan that they think might make this
really work for the community, and they need the help. So I want... That's what we're here to
say. Please, beyond the money, take into consideration that there is heart and soul in this
! building for the community. I have one other thing. I was... Washington sent down a bronze
plaque to put on this building when it was dedicated. It's never been dedicated. And I still have
the bronze plaque, and I'd love to be able to put it on the Little Haiti building when it is
dedicated, in a purpose that is suitable for the Little Haiti community, and that's why I'm here.
Thank you very much for your time.
Ms. Carline Paul: Good morning, Mr. Mayor. My name is Carline Paul. I am an educator. I
also work in the media. I have a radio show in the Haitian community, and I do nothing but
educate the Haitian community. And Mr. Vice Mayor and Commissioner, I'm here to tell you
f that in listening to everything about the Caribbean Marketplace, I'm afraid that once we try to
get control, that since it's out for auction, anybody can get control. And as someone who works
with youth in the Haitian community, as someone who is very concerned about the people in the
I community, I want you to know, Morningside Park is the closest facility that the Haitian kids
would have to undertake any indoor or outdoor activity, in which it's not being used by the
community. Whereas in the Caribbean Marketplace, there are a lot of activities that are going on
with youth. Even though in this past election, money has been allocated for parks, but it is far
from becoming a reality that the 50 and 100 students who come here every Saturday for karate
16 January 16, 1997
classes, and the adults who come here for various activities will have access to a facility in the
community. So as a Commission, I am asking you all, please, see to it that the City of Miami get
control, and us citizens, Haitian/American citizens who are living in and are concerned about the
community will see to it that the management team who are working will work very closely and
we will have a paycheck to pay the City for what we owe them. Because as Haitians, we believe
in working hard, and we also believe that when we have a debt, we have to pay for it. But we
also believe that if we don't do something for the youth of that community, one day, we may be
sitting in City Hall and see that these same kids that are out of school, that don't have a place to
have activities are the ones that are going to break your cars, are the ones that are going to be
selling drugs and making the City a worst place than it could be. So, please, consider it for the
community and for the youth of the community who has been using it. Thank you.
Ms. Gepsie Metellos: Good morning;, Mr. Mayor. Good morning, Commissioners, Mr. City
Attorney... excuse me, City Manager. I am Gepsie Metellos. I am representing Commissioner
Barbara Carey, and I essentially bring a message of support from Commissioner Carey on behalf
of this group of Societe' Coucouie for their bid... for their project, for the Caribbean
Marketplace. Commissioner Carey wishes to convey that she is not only supportive of this
group, because they have got a proven track record in the Haitian community, in terms of being a
cultural icon for our community. They've got a viable plan, a plan which can revitalize the
Caribbean Marketplace, which can make it an attractive place for tourists, as well as the
members of our community, in general. And so the Commissioner is firmly behind this group in
their bid for the Marketplace, and certainly is willing to work with the City, in terms of the
processes which you will have to undertake in order to make this particular thing happen for
Societe' Coucouie. She believes, also, that the Caribbean Marketplace can become a viable
place, and will be an example of community empowerment, because community empowerment
is a key element to community economic revitalization. And certainly, it's one of the key
elements to revitalizing the City of -Miami. And so my message was brief. Commissioner Carey
supports Societe' Coucouie in their bid for the Caribbean Marketplace, is willing to work with
you in terms of seeing the processes and the ways that this can, indeed, become a reality, and is
firmly behind all of you in the very hard tasks that you have ahead of you in terms of revitalizing
the City of Miami. I thank you for your attention.
Commissioner Plummer: How much money is Barbara Carey willing to come up with?
Ms. Metellos: At this particular point, Commissioner Plummer, Commissioner Carey has not
indicated exactly what the financial commitment will be, and certainly, I'm sure...
Commissioner Plummer: Well, you said "support."
Ms. Metellos: Mm-hmm.
Commissioner Plummer: Now, you know, what kind of support does that mean?
Ms. Metellos: At this point, she's not...
Commissioner Plummer: "Support," to us, today, means three hundred thousand dollars. Is she
going to come up with 80 percent of that, or 90 percent of that?
Ms. Metellos: At this point, I am not in a position to respond to this question, Commissioner
Plummer.
Commissioner Plummer: Well, I sure... I would appreciate an answer, just so I can understand
the word, "support."
17 January 16, 1997
Ms. Metellos: Mm-hmm, mm-hmm. At this point, again, I indicate I am not in a position to
engage or speak on behalf of Commissioner Carey in terms of that particular point. OK? But
I'm sure that it can he clarified. Thank you.
Commissioner Plummer: Thank you.
Mr. Jean Monestime: Mr. Mayor, Vice Mayor, City Manager and Attorneys, and
Commissioners, my name is Jean Monestime, residing at 6242 Northwest 201st Terrace. I'm
speaking on behalf of Society of Haitian/American Professionals Organization. Our membership
includes attorneys, educators, bus inesspeople. And my organization is requesting that this
Commission donate the Caribbean Marketplace to the Haitian community, particularly to
Societe' Coucouie, and we're supporting the plan that they have. And doing that will be your
contribution to our cultural education. Several youth organizations have used the Marketplace in
the past, and right now, actually, to combat juvenile delinquency and civic responsibility, and to
educate the youth on civic responsibility. By allowing the Caribbean Marketplace to remain in
the hands of the Haitian/American community, the community, you are also allowing the
continuation of the fight against crime in our community. The Haitian community is a hard
working community which needs the assistance of this Commission to support youth education
and the fight against crime. Allowing the Haitian community to use the Caribbean Marketplace
will benefit the City more in the long run than selling it for the hundred and fifty thousand
dollars ($150,000) right now. Because in the long run, if they don't have this facility to use, to
educate the youth in the Haitian community, you will probably see more young
Haitian/Americans in gangs and drugs, and even more in jail. Our organization is requesting,
once again, that you pay attention to the cry of this organization, Societe' Coucouie, and the
Haitian community, overall, and to allow them to use this facility for educational purposes, and
for the youth in the community. Thank you.
Commissioner Plummer: Wait, whoa, whoa. So, -Barbara Carey- doesn't feel neglected, how
much are you willing, the professional group, are you willing to come up with? How many
dollars?
Mr. Monestime: We are a young organization. We'll be donating our time...
Commissioner Plummer: No, no, no. Don't talk about time.
Mr. Monestime: ... in order to help educate the youth in the community that needs our help.
Commissioner Plummer: Time doesn't pay the bills. Are you willing to come up with dollars?
Mr. Monestime: Well...
Commissioner Plummer: And if so, how much? Now, you think this is very important. You
represent a group of professionals. Are you willing to say you're going to put your money where
your mouth is? That's all we're asking.
Mr. Monestime: Mr. Commissioner, we are a very young organization, only six months old. We
are willing to give our time, in order to help those kids staying off the streets. And by donating
the Caribbean Marketplace to the Haitian community, we think that our support will help benefit
the community overall. And that's what we're intending to do.
i Commissioner Gort: Let me tell you what I think I understand has happened here. My
understanding is, the City wants to take control of the property first. After it takes control of the
property first, I'm sure it will be more than glad to sit down with you, listen to your plans, and
maybe be able to work out something where we can sell it to you. And this is something that we
might be able to do.
18 January 16, 1997
Va
Commissioner Plummer: Well, and I think...
Commissioner Gort: But first of all, we have to take control of it. So, my understanding is,
you're here requesting that we delay the auction. That would not help us, at all.
Commissioner Plummer: That's detrimental to you, as well as us.
Commissioner Gort: To you and to us. I want you to understand that. I think it's very important
that you understand what the issue is in front of us today. The issue in front of us today is to take
the property over again. Am I correct?
Mr. Jones: Well, no.
Mr. Marquez: You are correct that the best alternative is for the City to take control of the
property, because then, we will have a piece of property that we can determine the best
disposition for it, which would include the social service aspects of having the Caribbean
Marketplace, a viable marketplace going. However, I do want to put it on the record for the
board's understanding that... for the Commission's understanding that in this foreclosure process,
there is some level of risk. We can get outbid. If someone comes in with a bid during this time
frame of four hundred and fifty thousand dollars ($450,000), that property would go to that
person.
! Commissioner Gort: Well, that's why it's important that you know what the value of the
property is.
Commissioner Plummer: Here. - -We've just been handed that.- According to the property
appraiser, the total value of land and building is five hundred twenty-seven thousand five
hundred and thirty-four dollars ($527,534). Now, you know and I know that the assessments are
not at 100 percent, as they are supposed to be. The average assessment today is 68 percent, so
it's probably in the neighborhood of above five -fifty. And I think also important is sixteen
thousand dollars ($16,000) worth of taxes, whether they've been paid or not. Probably not.
Mr. Jones: Commissioners, the other thing I think you...
Commissioner Plummer: Excuse me.
Mr. Jones: I'm sorry.
Commissioner Plummer: Let me stand corrected. The City's portion of those taxes is six
thousand one hundred and seventy-five dollars ($6,175). The total taxes are the sixteen number I
previously said.
Mr. Jones: Commissioner, we need some direction from you as to how far or what leeway we
have, in terms of bidding at the auction.
Commissioner Hernandez: That was my next question. Do we have the money to go to the
auction?
Mr. Jones: Because you'll recall we had a similar - well, it wasn't exactly a similar thing - with
the Firehouse Four that we...
Commissioner Hernandez: Right.
19
January 16, 1997
Mr. Jones: And the Commission authorized us to go that amount. Now, I don't know how...
You know, I have no idea of what's going to be bid, or who's going to bid, but we need a scope
of... within which to operate.
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Jones: Can we what? This is what it is. It is a...
Commissioner Hernandez: We have to... It's got to go to the auction, and then obviously, you
have to take care or whoever is auctioning has to take care of the outstanding debt that's there.
And there will be a minimum of what we will accept.
Commissioner Gort: Let me see if I understand this correctly. My understanding is the State is
willing to give us their responsibility.
Mr. Jones: Well, the State has authorized us to bid on their behalf.
Commissioner Gort: So what the City... In order to settle this, what we need to do is pay the
liens. And how much is that?
Commissioner Plummer: We don't know.
Commissioner Gort: If we do that, then we don't have to go to foreclosure, do we?
Commissioner Plummer: Oh, yeah.
'Mr. Jones: Well, at this point...
Commissioner Hernandez: You can foreclose... Yeah. In lieu of foreclosure, you can...
Mr. Jones: Well, at this point, I think you're beyond that. The idea was, is that because of the
outstanding loan that... and there was no payment in sight, that we wanted to at least protect or
get something out of this to protect the City's investment, as well as the State's investment. So it
doesn't really behoove us at this point... Like I said, we're beyond that process now.
Commissioner Hernandez: But can't we negotiate at this point with the owners, in lieu of a
foreclosure, to deed the property over to the City, and then we take care of it from there?
Mr. Jones: They'd probably have to deed it over to us and the State. I don't know if that's
acceptable to the State.
Commissioner Plummer: Who's holding the paper now? Who's holding the paper?
Commissioner Hernandez: The warranty deed. Who's the owner of the property?
Commissioner Plummer: I don't know.
Mr. Jones: Well, who did we sue? You have a copy of the complaint there.
Mr. Eduardo Rodriguez (Director, Asset Management): The City is the owner of the property at
this point. But a debt... Remember, there are two mortgages here, one, the City, and one, the
State. So if the State... If we liquidate the property, we're going to have to pay the second
position.
20 January 16, 1997
Commissioner Plummer: Who owns the... Whose name is the property in today, whose
ownership?
Mr. Rodriguez: According with this, it's the City of Miami.
Commissioner Hernandez: So, how can we be foreclosing on ourselves?
Mr. Rodriguez: Oh, I'm sorry. We have here owner... we have... I really don't know too much
about this record, OK? I just got it now. But I see here owner name, four lines from the top,
Interinvest Corporation, P.O. Box 012264, Miami.
Commissioner Gort: Those are the owners.
Mr. Rodriguez: That's the owner.
Commissioner Hernandez: Well, why don't we negotiate with them prior to foreclosure, for
them to deed the property back to us, in lieu of foreclosure, so we don't have to go to the
foreclosure sale with money and go through that? We talked to the State. I'm sure if the State
has given us authority to bid on their behalf, they're going to go along with deeding the property
back to us and the State.
Mr. Rodriguez: That's an option, Commissioner, correct. That's one option.
Mr. Jones: The other tiling, I'll have to check with... We have to check with the State and see if
that's acceptable to them, because it may not be acceptable to them. I think that before we
initiated this, every opportunity or every opportunity to exhaust payments in terms of liens and
all was made. This was the last resort.
Commissioner Hernandez: But why do you say that, Quinn? I was... If they're giving us the
authority to bid...
Mr. Jones: The State?
Commissioner Hernandez: The State, on our behalf... on their behalf, I mean...
Mr. Jones: Well, I'm saying, I think it would be prudent if we have the approval to do that.
That's all I'm...
Commissioner Hernandez: No, no question about it. Yeah, obviously.
Mr. Jones: That's all I'm saying.
Commissioner Hernandez: OK.
Mr. Jones: I can check, and I suppose that we could probably ask the Court to delay the
foreclosure, with hopes of trying to work something out in that regard.
Vice Mayor Regalado: So, what is the will of the Commission? What are we...
Commissioner Gort: It's the Manager's case.
Vice Mayor Regalado: Mr. Manager.
Mr. Edward Marquez (City Manager): What I would suggest at this...
21 January 16, 1997
Mr. Jones: Hold on. Held on a second. The assistant in my office who handled this just
informed me that all of the inferior liens, apparently all the mechanics liens or whatever have
been wiped out. So, the only thing that's really left is the City's interest and the State's interest,
insofar as the loan.
Vice Mayor Regalado: So you want... The will of the Commission is to direct the City Manager
and the City Attorney to talk to the State, to see whether we can remain as the sole owner of the
property and... Is there a motion?
Commissioner Hernandez: I'd like to. I don't know if it's a need for me to make a motion but...
Commissioner Gort: I'll make the motion.
Commissioner Hernandez: ... I think this would be... The proper instruction would be to
postpone the sale of the property, negotiate with the State, that they give us the approval to stop
the foreclosure, in lieu of them deeding the property back to the State and the City.
Vice Mayor Regalado: Do we need a motion for that, Mr. City Attorney?
Mr. Jones: Yes.
Vice Mayor Regalado: We do.
Commissioner Hernandez: OK. Then I make that motion.
y�,Commissioner Gort: Second.
Vice Mayor Regalado: Commissioner Hernandez has made a motion, and a second by
Commissioner Gort. All in fs.vor, say "aye."
i
The Commission (Col!,:;cth ely): Aye.
The following motion wr,s introduced by Commissioner Hernandez, who moved its adoption:
i
MOTION NO. 97-8
A MOTION TO POSTPONE THE SALE OF THE HAITIAN MARKETPLACE
LOCATED AT 5925 N.E. 2ND AVENUE IN LITTLE HAITI; FURTHER DIRECTING
THE ADMINISTRATION TO NEGOTIATE WITH THE, STATE OF FLORIDA, IN
ORDER TO OBTAIN ITS APPROVAL TO PETITION THE COURT TO DELAY
FORECLOSURE ON SAID PROPERTY, IN LIEU OF ANY EFFORTS BY THE
OWNERS OF SAID PROPERTY, NAMELY THE INTERINVEST CORP. TO STOP
FORECLOSURE OF SAID PROPERTY AND DEED SAID PROPERTY BACK TO
THE CITY OF MIAMI AND THE STATE OF FLORIDA.
[Note for the Record: This motion was later reconsidered by M-97-11.]
22 January 16, 1997
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------- ---------------------------------- ---------- -------------------------------------------- -------
5. PERSONAL APPEARANCE: CAPTAIN EDWARD B. FERRER,
PRESIDENT, CUBAN PILOT ASSOCIATION -- TO DISCUSS NOISE
ABATEMENT PROCEDURES FOR MIAMI INTERNATIONAL AIRPORT.
Vice Mayor Regalado: The next item is another personal appearance, it is Captain Eduardo
Ferrer. And I'd like to say a few words before Captain Ferrer addresses the Commission. We all
know that the City of Miami does not have any authority over the Miami International Airport,
but the citizens of the City of Miami are the ones that are directly affected by the violations that
Miami International Airport is daily committing. What I'm saying is that FAA (Federal
Aviation Administration) regulations, County regulations are being violated, and the citizens of
the City of Miami are the ones that are suffering because of these violations. We do not want to
pick a fight with the County or the FAA, but we must remember that all the planes that leave the
City of Miami use the east, or southeast, or northeast corridor, which means that all of the planes
that leave Miami International Airport, they fly over the City of Miami residences. We must
remember, too, that the only plane accident that we have had in any urban areas in South Florida
happened within the City limits of the City of Miami. So this is why...
Commissioner Plummer: Wait, wait. Say that again.
Vice Mayor Regalado: I'm sorry?
Commissioner Plummer: Say the statement again.
Vice Mayor Regalado: The only plane crash that has occurred over urban areas in South Florida
history has been in the City of Miami. Remember, the cargo plane that crashed on 36th Street
with the Christmas trees.
Commissioner Plummer: I was there, 35th Street.
Vice Mayor Regalado: I was there, too.
Commissioner Gort: Yeah.
Vice Mayor Regalado: So this... So all of the planes of the City of Miami... of Miami
International Airport fly over City residents. And Captain Ferrer has done a tremendous work in
trying to close some of the runways that are annoying the people of Miami. However, even with
23 January 16, 1997
the regulations by FAA and the County, Miami International Airport is violating these
regulations, and they have not done anything, whatsoever. So this is why, because this is a
situation that does affect thousands of residents of the City of Miami. I have asked Captain
Ferrer to explain these vioiations,and see what the City of Miami Commission can do about it.
Captain.
Captain Eduardo Ferrer: Good morning, Commissioners and members of the City of Miami.
The reason I'm here is because there have been some rules...
Commissioner Plummer: Captain, your mailing address, please.
Vice Mayor Regalado: Your name, Captain.
Commissioner Plummer: Your mailing address... name and mailing address for the record.
Captain Ferrer: Sir?
Vice Mayor Regalado: Name and address.
Commissioner Plummer: State your name and mailing address for the record.
Vice Mayor Regalado: Your name and address. Your...
Captain Ferrer: My address? 301 Southwest 30th Court, in Miami. I came over here with my
experience of 45 years as an airline pilot in which I flew for 12 years in Cubana Airlines. Then I
was in the Bay of Pigs, together with Mr. Hernandez' father. I was a squadron commander in the
='fair force over there. And then I flew for 25 years in Eastern Airlines. I was the only Cuban -
American captain in Eastern Airlines. The growing of civil aviation transport all over the world
has brought a serious concern to the environment, noise caused by aircraft engines. And airline
operations are subject to international and national laws to enforce the limit to noise.
Nevertheless, the public has not been satisfied by the effort of the Federal Derm to have made
i the aircraft engine manufacturers diminish the noise of the new power turbine. Though most of
the airports are surrounded by heavy population areas, a special exclusion pattern has been
j established by the airport authority to alleviate this noise. With this, they mean that, for
example, there is a noise abatement procedure in Miami Airport, like in every airport in the
m world. But they are not coplying with it. Miami Tower do not comply with the Federal
Aviation Administration. They use that runway whenever they want. For example, Runway 1-2,
the smaller runway in Miami International Airport, that flies over my head. The idea is to bring
the aircraft at a minimum speed high to 1500 feet, and then level out by reducing the power. I
used this procedure many times in Eastern Airline. To give you an explanation, it's like a
trombone or a trumpet. When the aircraft climb this way, the noise going down for the City, all
the way. But if they level up, the noise goes that way, horizontal. That means that the noise will
stop. The noise will be very low in this respect, where they lose the power. But the FAA
doesn't have any jurisdiction on the southern airline, like Panamanian, Venezuelan. They don't
have jurisdiction over them. Only the City of Miami can impose this noise abatement process.
Now, there is a law that says from eleven o'clock at night to seven o'clock in the morning, there
won't be any airline... any airline taking off at Runway 1-2, which is the smaller runway in
r, Miami International Airport. But I see them four o'clock, and listen at five o'clock, and they
make a terrific noise. Now, starting the 1st of January, this year, they have three stages of noise
on aircrafts on the turbine. We are in stake two, what they say, which is almost 131 decibels,
measured at 2,300 feet from the runway. This is a very noisy sound on the 727s and the DC-9s
that flies over Runway 311-2. Now, starting this first of the year, all the airlines will have to have
half of the equipment in a stage three, which is a very low one. These are the new turbine that
don't make that noise, that terrible noise that they make over the City. But they still have a lot of
24 January 16, 1997
noise of other aircraft, because if the company have 20 airplanes, only ten of them should have
stage three. Now, we can stop this by using Runway 9 Left and Right for those airplane that
make so much noise, and use Lane 1-2 for the aircraft that don't make that noise. In the other
hand, there is a fine in all over the world for people that violate this, and this could be an income
for Miami. Because, for example, in Heathrow in England somebody that violate the noise
abatement procedure on the takeoff is fined for one thousand five hundred dollars ($1,500) on
that takeoff only. In Munich, one thousand nine hundred. And for example, if you take a
position like New York, it should be about three thousand dollars ($3,000) for noise abatement
procedures that is violated. And in top of that, for 30 years... for 40 years, they have been having
approaches where they have to follow certain amount of light, top light to alleviate the noise
over the congested area in New York. Now, I remember that about two years ago, I stopped the
takeoff of the cargo airplanes. I saw many times from my house the cargo airplane with four
engine, piston, engine propeller making a turn not to hit the building that is in 27th Avenue and
8th Street. So, you can imagine how low that be, the pattern. So they limited those aircraft to
take off at 9 Left and 9 Right, which are the longest runways. Nine Right have 13,000 feet,
compared to 9,000 on Runway 1-2. In the other hand, the dangers. All of you know about the
cargo airplane from the. Dominicana a long time ago crash in an area taking off from Runway 9
Left, which is closest to Miami Springs. Do you remember about a couple of months ago, or
three months ago in Brzil, and airplane that was landing and fell in a congested area? .And it's a
danger for the City of Miami. Plus, the unhappiness of... to have an airplane at 300 feet over
your head, believe me, put you in elevation when you are sleeping. So, my idea is to talk to you,
Commissioners, about this and see if we can form a commission of two or three persons and
request from the City of Miami to alleviate this problem by set up a pattern, and that the FAA
have to follow that pattern. Because the FAA is in the hand of the City of Miami for this respect.
Whatever the City wants, they have to do it. But unfortunately, they are not complying with this.
`Vice -.Mayor Regalado: Well, the first- thing to do is to let the FAA know that they are not
complying with their own regulation. This is in the morning hours. Is it possible that the City
Attorney's Office will look into the possibility of the City of Miami having a say on whether the
FAA should comply with their own regulation? What we're asking is only for them to comply,
because they are endangering the lives of the people of Miami. And whether or not we have he
authority to impose fines on this airline, because they are violating the Code of the City of
Miami in terms of noise. And we can do that very easily. We can have even a microphone at
your house, on the roof of your house, and that will measure the decibels of noise that we have.
So, Mr. City Attorney.
Mr. Ralph Diaz (Assistant City Attorney): Certainly, Commissioner, we'll look into whatever it
is that we can do from our standpoint. Sure.
Captain Ferrer: I would like to add one thing, Commissioner. This could be another good
income for the City of Miami, too, that now we have a problem, finance problem. Because the
tower, any tower in the world has to comply to what the City says about the noise abatement.
And I'm willing to cooperate with this any time you want. And thank you, gentlemen, for this. i
f
Vice Mayor Regalado: Thank you very much, Captain.
I
Mayor Carollo: Mr. Manager, can you assign someone from staff to look into that, and to take
1 the appropriate actions that the City can take?
Mr. Edward Marquez (City Manager): Yes, sir. It probably will be Jack Luft, in our planning
area.
Mayor Carollo: OK. Jack will be very capable to do that. Thank you.
N
i
25 January 16, 1997
i
F
Commissioner Plummer: Report back to us at the February meeting.
Mr. Marquez: Yes, sir.
-
6.DIRECT ADMINISTRATION TO WORK WITH MARTIN LUTHER KING
PARADE ORGANIZERS TO REDUCE POLICE FEES.
Mayor Carollo: Mr. Manager, I believe you have a pocket item request for Dr. Preston Marshall
to address the Commission.
Mr. Edward Marquez (City Manager): Yes, sir. Dr. Marshall is requesting a fee waiver, and I'll
let him speak on the issue.
Commissioner Plummer: How much is the fee waiver? Hello?
Mr. Marquez: It's the fee waivers associated with the MLK (Martin Luther King) Parade.
Commissioner Plummer: Sir, how much is the fee waiver?
Mr. Marquez: I don't know the actual dollar amount.
-= Commissioner Plummer: Who knows the dollar amount?
"Mr: Marquez: Dr. Marshall.
Commissioner Plummer: Oh. OK.
Dr. Marshall Preston: All right. Dr. Marshall, president of the Martin Luther King Parade and
Festivities Committee. However, I got money from the County to pay most of the expenses that
the City was not able to pay. And on a projected budget from the Police Department, they gave
me one figure, and then the new figure was different, plus the surcharge. So I had not requested
that additional money. However, to make an adjustment, or what we'd like to do is to probably
get the barricades from the City of Miami, either waived or reduced from six dollars ($6) to
maybe three dollars ($3), and maybe a reduce in the labor to make our budget come out right
from what we requested from the County.
Commissioner Plummer: Doctor, I personally am in favor of doing what we can. But I've got to
know what we're doing. Now, are we talking about a hundred dollars ($100), a thousand dollars
($1,000), ten thousand dollars ($10,000)?
Dr. Marshall: OK. We're talking about the... The Police Department has charged us about three
thousand more, plus the surcharge. In having enough money for the barricades in over there, I
need about three thousand more.
Commissioner Hernandez: How about solid waste pick up?
Dr. Marshall: We already paid the bill for the solid waste.
Mayor Carollo: Yeah.
26 January 16, 1997
Dr. Marshall: We paid that, for that. We paid the bill for the parks, and we're going to pay the
bill for the Police Department. But they just charged three thousand more, plus the surcharge.
So that went into the money that we needed for the barricades and its labor.
Mayor Carollo: Dr. Marshall, this Commission went on record with a resolution that we cannot
waive any fees, whatsoever. We don't want to make any money on you or anyone that has a
parade that's very much enjoyed by the community. But we have a resolution. We have some
very...
Dr. Marshall: OK. I wasn't asking just to waive. I was just asking if you could just reduce the
prices, because the suggested prices that were given to us were not quite as what I requested
from the County, see, and they came more money.
Mayor Carollo: The only thing that we could possibly do is be sure that what we're charging
you is what is going to cover our costs, and we're not going to be charging you extra so that the
City could mn ke money on it. But we have to cover our cost.
Dr. Marshall: Well, can you just look into that for the barricades, and the labor for the
barricades, that you can do the minimum on that for us?
Mayor Carollo: Mr. Manager.
Mr. Marquez: Mr. Mayor, Dr. Marshall Preston had contacted our office, and we explained to
him about the City's position about... on not waiving, nor reducing fees, because we can't.
We're on record, like you said, and... with a commitment not to do that. I've just been informed
that the cost in question is about nine thousand six hundred dollars ($9,600), all inclusive from
the Police Department. And that's... You know, it's unfortunate, but we're in that position, that
I feel that it is definitely something that we cannot, cannot waive.
Dr. Marshall: I'm not asking for you to reduce that. I mean, the projected price of seven
thousand came to nine thousand plus a surcharge. When I went back to the County to ask for
monies for... the budget for the City support, I asked for the seven thousand dollars ($7,000).
Then the price at the Police Department was then nine thousand something, and a surcharge.
That went into the money that I needed for the barricades, after I had paid all the other
departments in the City. So that's why I'm asking for a reduced price, maybe, on the barricades
and its labor.
Commissioner Plummer: Why can't you reduce the surcharge? And I've. got to talk to you, Mr.
Manager, about this surcharge. It's working to our detriment. And what we have installed...
Sometimes, when we act too hastily, maybe we make mistakes, and I will bring that up after this
is concluded, if I may. See, the surcharge went from twelve dollars ($12), ten dollars ($10) to
three dollars ($3) an hour. That's where he got caught in a bind. And this parade was long in
advance, as it is every year, where he wouldn't have been in that bind, except for us upping the
fee of the surcharge from a flat fee to so much an hourly charge. And I think it's unfair to them.
I'm just going on record. It's unfair to them, where they had a scheduled event, predicated on
our fees at the time, and that's where he made his request to the County for money. And then we
changed the rules of the game, and he's out there hanging out with his hat. And I think that's
really... I think it's unfair.
Mayor Carollo: Well, I don't think that there's anyone up here that will disagree with that
statement. However, unless there can be some recalculations of the dollars, no matter how much
it hurts us, there will be nothing that we can do, Dr. Marshall. We're behind the eight hall
financially. And if we break the rules just one time, then the flood gates are going to open again.
The only thing that I will recommend to management in the Police Department is to recalculate
27 January 16, 1997
the numbers to see if there is any way, abiding by our resolution, that they can revisit the
numbers that they gave you and see maybe if we need some less personnel, some... or fewer
barricades, and still be able to accomplish what we need to.
Dr. Marshall: Well, instead of six dollars ($6) a barricade, Mr. Mayor, if you can just come
down, maybe four dollars ($4), four -fifty or something in there. And instead of fifteen hundred
dollars ($1,500) for labor, if you can come down to about maybe a thousand, eleven hundred, I
mean, that's what you charged us. That's where you "throwed" me off at.
Mayor Carollo: Mr. Manager, what I would suggest is that you have someone from your staff
and the Police Department meet with Dr. Marshall, and if there is any possible way, in keeping
with the spirit of our resolution, but to still cut back on some of the requirements to do so. But
we have to keep within the spirit of the resolution.
Commissioner Gort: Mr. Mayor, let me give you a suggestion. Volunteers is something that's
being requested constantly in a parade like yours. Let's ask some of the departments if their
people are willing to volunteer their time. At the same time, when you come to the final figures,
if you can have them today or tomorrow, it woud be important to approach one of us or all of us,
and maybe we can get someone in the private sector to go ahead and donate something. I know
the Kiwaniis of Little Havana have worked with you. And maybe we can get somebody else to
help, too.
Dr. Marshall: Well, the Kiwaniis have reduced their barricades for us that we had. Now, it's the
City barricades and...
.:,,;,Commissioner Gort: No, I understand.
Dr. Marshall: OK.
Commissioner Gort: But what I'm saying is, let the Manager go back to the departments, talk to
the people, and see how many people are willing to do some volunteer work to reduce some of
the cost. At the same time, after you do that, let's look at how much you need, and come to us,
and maybe we can get people in the private sector to make donations.
Commissioner Plummer: It's Monday. It's Monday.
Commissioner Gort: I know it's Monday.
Commissioner Plummer: It's Monday.
Commissioner Gort: Well, maybe we can make a few phone calls. Anything we can get will
help him.
Mr. Marquez: My Chief of Staff, Aaron Weeks, will work with you to do exactly what the
Commissioner is saying right now.
Dr. Marshall: All right.
Commissioner Plummer: I won't be there. I've got to work.
Mayor Carollo: I'm sorry, Dr. Marshall. I wish we could give you better news right now, but
we can't.
Commissioner Plummer: Mr. Mayor, aside from this, let me bring up a point, if I may. And I'm
not going to belabor it, but I ask the Manager to look into it. We changed the surcharge on
28 January 16, 1997
police from a flat fee of... I think it was ten dollars ($10) a day up to three dollars ($3) an hour.
Many businesses are dropping off -duty work of policemen because of this surcharge. The
policemen have a feeling, and I don't disagree with them, that they gave in a great deal to this
City to help, and they are being penalized, because they are losing their off -duty jobs. And it is
wrong. I ask, Mr. Manager, that you sit down, look at this issue. Whether you reduce the
surcharge or how you work it out, I don't think it's right for police... for the safety of our
community. Many of these are grocery stores. Many of these are banks that are hiring off -duty
policemen who are now dropping off -duty policemen because of the fact of this surcharge, for
the additional cost. I mean, you know, when you start talking; twenty-four dollars ($24) a day,
you can build that up real quick like. I would like a report back on February the 13th, telling me
how we can address this issue to keep our policemen... not in any ofr-duty jobs, but how we can
work it out for the safety of our community. Thank you.
Commissioner Gort: To add to that, one of the suggestions is to look at the long-term contracts.
There's some contracts that are for "X" amount of hours. That might he one way to...
Commissioner Plummer: Yeah.
Commissioner Gort: ... to divide the pie.
Mr. Marquez: OK.
Mayor Carollo: Thank you.
----------------------------------------------------------------------------------------------------------------
7. DISCUSSJDEFER AGENDA ITEM 6 TO MEETING OF 2/13/97 -- (SECOND
READING ORDINANCE: AMEND CODE ADDING NEW SECTION 37-72,
PROHIBITING DELIVERY WITHIN THE CITY OF BUILDING MATERIALS
VALUED IN EXCESS OF $500.00, UNLESS THE NUMBER OF THE
BUILDING PERMIT IS INCLUDED IN PURCHASE ORDER -- PERMIT IS
TO BE POSTED VISIBLY FROM STREET).
Commissioner Plummer: Mr. Mayor, I move item 6 be deferred. It is my item. I have got
some... In discussion with department heads, who feel we need a little bit more clarification on
this issue. So, if it's within the feeling of my colleagues, I will move for deferment.
Commissioner Gort: Yes.
Mayor Carollo: There's a motion. There's a second. When are we going to bring it back up?
Commissioner Plummer: Sir, I would hope at the next meeting of February the 13th, which is
our next regular Commission meeting.
Mayor Carollo: The 13th?
Commissioner Plummer: Yeah. Well, the next regular Commission. Zoning is the 23rd.
Mayor Carollo: All right. That's fine. There's a motion and there's a second, to defer it. All in
favor, signify by saying "aye."
The Commission (Collectively): Aye.
29 January 16, 1997
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 96-9
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 6 (PROPOSED
SECOND READING ORDINANCE TO AMEND CITY CODE BY ADDING A NEW
SECTION 37-72, THEREBY PROHIBITING DELIVERY WITHIN THE CITY OF
MIAMI OF BUILDING MATERIALS VALUED IN EXCESS OF $500, UNLESS THE
NUMBER OF THE BUILDING PERMIT REQUIRED PURSUANT TO SEC. 301 OF
THE SOUTH FLORIDA BUILDING CODE IS INCLUDED IN THE PURCHASE
ORDER FOR SAID MATERIALS AND READILY AVAILABLE FOR INSPECTION
BY CITY AGENTS; PROVIDING FOR ENFORCEMENT AND PENALTIES)
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
I
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Humberto Hernandez
I Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Wifredo Gort
Vice Mayor Tomas Regalado
-Mayor Carollo: OK We.'re in number 7.
Commissioner Plummer: I move item 7.
----------------------------------------------------------------------------------------------------------------
8. HAITIAN COMMUNITY TO ADDRESS COMMISSION REGARDING
HAITIAN MARKETPLACE LOCATED AT 5925 N.E. 2ND AVENUE IN
LITTLE HAITI.
----------------------------------------------------------------------------------------------------------------
Commissioner Hernandez: Mr. Mayor.
Mayor Carollo: Yes.
i
i Commissioner Hernandez: Before we go on to item 7, we need to revisit item 4. I was just told
by the City Attorney... I made a motion while you were away to...
Mayor Carollo: Right.
Commissioner Hernandez: ...in lieu of foreclosure, to deed the property back to the City of
Miami and the State. We were also told at the time that the inferior liens had been wiped out.
The inferior liens have not been wiped out. And secondly, there is a problem with obtaining
some type of contact with the owners. There's about 13 or 15 owners to that property, so it's
going to be a nightmare to get a hold of all those people to sign the deed over to the City and the
State. Secondly and more importantly, if the liens have not... the inferior liens have not been
I wiped out, the only way we're going to wipe them out is to get through the foreclosure process.
If not, we're going to inherit those inferior liens.
30 January 16, 1997
i
Commissioner Plummer: So, where are we?
Commissioner Hernandez: Basically, we're...
Mayor Carollo: He wants to withdraw his motion.
Commissioner Hernandez: Yeah. I want to withdraw my motion, and instruct the City Manager
to proceed with the foreclosure.
Mayor Carollo: I guess what we would need is a motion to reconsider, and then vote it down.
A. Quinn Jones, III, Esq. (City Attorney): That's correct.
Mayor Carollo: OK. So, why don't you make a motion to reconsider.
Commissioner Hernandez: Right. I'd like to make a motion to reconsider item 4, to change my
motion. Instead of... in lieu of foreclosure, let the owners deed the property back to the City and
the State, that we instruct the Manager of the City of Miami to proceed with the foreclosure of
said property.
Mayor Carollo: There's a motion.
Commissioner Plummer: Second.
Mayor Carollo: There's a second.
Commissioner Plummer: I dcm't see where we have any choice.
Commissioner Hernandez: Yeah, but there's only one question now. That's fine. What about
I( the instructions on how they're going to go bid? We need money. We need to give them
something.
Mr. Jones: We don't have to bid the full amount, but I need to have some parameters, whether
you... You know, I doubt very seriously we'll go up that high, but we need some parameters as
to how much to bid or whatever.
Mayor Carollo: Mr. Manager, what recommendations do you have?
Commissioner Gort: Let me ask a question, Mr. Manager, before you go on, and this might
clarify it. The City can go up to... whoever bids for it has got to pay the liens, am I correct?
i
Mr. Jones: No. The inferior liens have been wiped out.
I
Commissioner Gort: I understand you.
Mr. Jones: OK.
I
Commissioner Gort: Suppose someone... Whatever money they put in, it's got to go to the City
and to the County.
I
Mr. Jones: To the City and to the State.
Commissioner Gort: OK. If the City and the State, they each agree to put the original amount,
and you repay yourself, we can go up to three hundred thousand dollars ($300,000).
i
31 January 16, 1997
Mr. Jones: Yes.
Commissioner Gort: So we can go up to three hundred thousand dollars ($300,000), and we can
pay ourselves. Am I correct in that?
i
Mr. Jones: Yeah. That's essentially what it would be doing, yes.
I Commissioner Plummer: Yeah. All right. Well, there's one other consideration that I haven't
heard, unless I'm crazy. Why do we even have to bid?
Mr. Jones: Well, if we don't bid, someone else came come in and bid.
Commissioner Plummer: You heard what I said. Why do we not even have to bid at all? I
mean, we... You know, and I understand these people are here and they want something for
nothing. But, you know, if it goes to the private sector, is there not a way that we can say that it
cannot be sold for less than the mortgage is?
Mr. Jones: No. The process... The way this process works, if you don't bid on it, all you're
going to have there is a final judgment against the corporation that's not going to be collectible.
OK?
Commissioner Plummer: So, what you're swaying is, if we make a bid and we're the successful
bidder...
Mr. Jones: Then we own the property, along with the State.
"Commissioner Plummer: And why are we ahead of the game?
Mr. Jones: Well, other than that, you're just going to have a judgment sitting out there, and the
property is going to continue to sit up, deteriorate...
Commissioner Plummer: We're in first position. Am I correct?
Mr. Jones: Well, along with the State.
Commissioner Plummer: Then I would... You know what my suggestion is? Make a bid of a
hundred and fifty thousand dollars ($150,000). That's our equity.
i
i Commissioner Gort: Three hundred thousand...
Mr. Jones: Up to...
Commissioner Plummer: No, no, no. Not for the State. No, no. The hell with the State.
Mr. Jones: No.
Commissioner Plummer: They made a budget this morning of forty-one billion dollars
($41,000,000,000). They got plenty money. OK? Why don't we just protect our interest?
We're number one on the mortgage. Correct?
Mr. Jones: Along with the State.
Commissioner Plummer: No, no, they were not...
32 January 16, 1997
011
N
Mr. Jones: Yes, along. A half interest in...
Commissioner Plummer: I thought because we were...
i
Mr. Jones: They have a half interest, and we have a half interest.
! Commissioner Plummer: So in other words, we're both number one.
Mr. Jones: That's correct.
Commissioner Gort: Let me ask a question. My understanding is that the State can also go
along with you making a bid for three hundred thousand dollars ($300,000), which is a lot easier
to...
Mr. Jones: Yeah.
Commissioner Gort: ... for us to keep it.
Mr. Jones: That's correct.
Commissioner Gort: If you make it a hundred and fifty, somebody might come in with a
hundred and sixty, and take it away.
Mr. Jones: My suggestion is this. If...
Commissioner Gort: You get the State and the City to work together...
Mr. Jones: Yeah. Since the...
! Commissioner Gort: ... and you got a bid of three hundred thousand dollars ($300,000).
i
Mr. Jones: Since the State has the half interest, I... you know, I...
Commissioner Plummer: If we're the successful bidder...
Mr. Jones: Let me recommend that we bid... that we be authorized on behalf of ourselves and
the State to go up at least to the full amount of the judgment.
! Commissioner Plummer: You know, the one thing we don't need around here is to put one more
piece of property off the tax rolls. OK? We got a... 31 percent of the property in this City today
don't pay taxes. Now, you know, if what you're saying to me is, we bid the three hundred
thousand dollars ($300,000), we are the successful bidder, that gives us the right to turn around
and sell it. But, you know, that's not the consensus that I'm hearing.
Mr. Jones: Commissioner, we may not have to bid up to that amount. That's the whole point. I
recommend...
Commissioner Plummer: You're on the public record. You know damn well you're going to bid
that amount.
Mr. Jones: Well, we may or may not.
Commissioner Plummer: God bless the Sunshine Law. Moonshine. Well, hey, you know. Am
I understanding what we're really trying to accomplish is to gain control, so that we can turn
33 January 16, 1997
around and sell it? If that's the case, I'll vote for the three hundred thousand dollars ($300,000).
If it's to turn it around and not get the money, and take something else off the tax rolls, I'm
sorry. I got to vote against it.
Mayor Carollo: Mr. Manager.
Mr. Edward Marquez (City Manager): Right now, if we don't do anything, there's an amount of
money that's owed to the City, and to the State, and to a number of mechanics lien holders. If
we move forward to try to foreclose, we can get control of the property. And then at that point in
time, if we're successful in betting control of the property, then we can make the determination
of what... how best to dispose of the property... either to sell it and recoup the amount of money
that we have just spent in the foreclosure process, and to recoup the amount of money that's
owed to us, or we can use it for a purpose within the community. We don't have any options
right now. The options, the way I see it... and I'm quite willing...
Mr. Jones: Either do something or do nothing.
Mr. Marquez: Well, if we don't do anything, we're just owed money, continually. If we go
ahead with the...
Commissioner Plummer: Well, unless somebody bids it and buys it.
Mr. Marquez: Well, unless someone can buy it from Intercontinental... There's nothing
preventing the owner of the property right now from selling it, from what I understand.
'Commissioner Plummer: Except he can't get the price.
Mr. Marquez: Exactly.
Mr. Manuel Gonzalez-Goenaga: May I address the Commission on this issue?
Mayor Carollo: Once we're done, sir.
Mr. Marquez: Mr. Mayor, what I would suggest is, why don't I reduce the options into writing,
get it back over to this Commission, and ask the City Attorney to forestall the foreclosure
process, if possible.
Mr. Jones: No, I don't want to do that. I mean, I think it's clear, either we do nothing, or we do
something. I mean, otherwise, we're just going to have the three hundred and something
thousand dollar judgment there. You're still going to incur cost on the upkeep of the building,
and it's going to deteriorate. So, you know, my recommendation is that we move forward, and
we may not have to expend the full amount or whatever else. Let's wipe out, wipe out the
inferior liens. Let's go forward with it, and we can make a determination once we get control of
it.
Mayor Carollo: We have a motion and a second... (inaudible, speaking off microphone The
only question was what amount were we going to put on it. The Manager has recommended, I
believe, three hundred and two thousand and... if the maker of the motion agrees with that
amount, and the seconder of the motion.
Commissioner Hernandez: I'll amend the motion to add the three hundred and two thousand
dollars...
Mayor Carollo: OK.
34 January lb, 1997
0
14._
Commissioner Hernandez: ... as a maximum bid by the City.
Commissioner Plummer: Well, yeah, I have no problem with that, except for the fact... You
know, let's lay the cards right flat out on the table. If we're going to acquire that property to turn
it around and give it to a non-profit group, I got a problem. I got a problem.
Mayor Carollo: J.L., who is saying anything about turning it around and giving it away? I
mean, all of us are firm...
Commissioner Plummer: Well, we can be emphatic the other way around, Joe. We can acquire
it and make a statement we're going to sell it, and that's emphatic. OK? We're going to sell it
to the private sector, who's going to pay taxes.
Mayor Carollo: Well, if you would like, after we get done with this motion, to make a motion to
that effect, I would he happy to accept it.
Commissioner Plummer: That's fine. I mean... Well, but you're asking me to put up the money
and vote for that, and then ask me to... Let me make my motion first.
Mayor Carollo: Make your motion first.
Commissioner Plummer: OK? Now, I'll make a motion at this time...
Mayor Carollo: A substitute motion it's going to have to be, because we've got a motion already
on.
Commissioner Plummer: All right. I'm just saying...
Mayor Carollo: So make a substitute motion.
Commissioner Plummer: I think you got to vote in proper perspective. My motion would be, if
we acquire the property through foreclosure, that we will definitely put it up for sale. I offer that
in the form of a motion.
Mayor Carollo: There's a motion, and Commissioner Gort seconds it. All in favor, signify by
saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-10
A MOTION STATING THAT IF THE CITY ACQUIRES THE PROPERTY FROM
FORECLOSURE PROCEEDINGS KNOWN AS THE HAITIAN MARKETPLACE
LOCATED AT 5925 N.E. 2 AVENUE IN LITTLE HAITI, THEN IT SHALL PUT
SAID PROPERTY UP FOR SALE.
35 January 16, 1997
0
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Commissioner Plummer: Now the other motion.
Mayor Carollo: Now, we'll go back to the original motion.
Commissioner Plummer: That's fine.
Mayor Carollo: Before we vote on the original motion, let's hear from Mr. Goenaga.
Mr. Gon7mlez-Goenaga: Well...
Mayor Carollo: Happy New Year to you. Welcome back to Miami.
- !.Mr. Gonzalez-Goenaga: _-Well, I don't know, really; -what I'm doing here: I should have stayed
in Puerto Rico.
Commissioner Plummer: Hell, we've been trying to figure that out for years.
Mr. Gonzalez-Goenaga: Yeah. But I'd rather be a beggar here in Miami than a marquise in
Puerto Rico. Anyway, let's try to use some common sense. If we are in a joint venture with the
powerful State of Florida, why don't we try a compromise - instead of confrontation,
cooperation - and let's talk to the owner of the property to give it to us in lieu... a voluntary
foreclosure. Because I am scared that we might even lose if we go to court, as we do most of the
time, except in the Mas Canosa case, because we hired Jose Garcia -Pedrosa. So things are going
from bad to worse in a sense, and I hope. that I will have the opportunity to speak freely next
Thursday. Thank you.
Mayor Carollo: Thank you, Mr. Goenaga. Any further discussion on the motion before us?
Commissioner Plummer: No.
Vice Mayor Regalado: No.
Mayor Carollo: Hearing none, all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
36
January 16, 1997
0
The following motion was introduced by Commissioner Hernandez, who moved its adoption:
MOTION NO. 97-11
A MOTION TO RECONSIDER MOTION 97-5; FURTHER INSTRUCTING THE
CITY MANAGER TO PROCEED WITH FORECLOSURE OF HAITIAN
MARKETPLACE LOCATED AT 5925 N.E. 2 AVENUE IN LITTLE HAITI;
FURTHER DIRECTING THE MANAGER TO BID AN AMOUNT NOT TO EXCEED
$302,000 FOR SAID PROPERTY.
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Commissioner Plummer: I move item 7.
Mayor-Carollo: OK. We're done. with that item.
Ms. Carline Paul: I understand, Mr. Mayor, but while the community was in front of you, we
walked outside. We thought that item was finished and everything was taken care of, and we felt
betrayed that the minute we stepped outside, the item came back, and then it was discussed. 1
mean, this is... This is absurd.
Commissioner Hernandez: Commissioner, can you...
Commissioner Hernandez: Let me explain to you what happened. After you walked out, the
City Attorney gave me some new information. The information was that the inferior liens that
exist on the property, when you were here, supposedly, they had been wiped out. They haven't
been wiped out. They still exist, and therefore, we could not do what I proposed, which was in
lieu of foreclosure, that the present owners deed the property back to the City of Miami and the
State. That way, we have control and do as we please with it. The problem is, if we do that
now, we step into the shoes of the owner. That means we have to pay or...
Commissioner Plummer: We're obligated.
Commissioner Hernandez: ... live up to... obligate to the existing mechanic liens. So we have to
go back to the foreclosure proceedings, in order to foreclose on the inferior liens.
Ms. Paul: So, if the City is financially bankrupt, where is the City going to find money to go and
bid on this property, so we can be able to negotiate with the City?
i
Commissioner Plummer: That's an incorrect statement.
Mayor Carollo: That is.
37 January 16, 1997
Commissioner Plummer: The City is not bankrupt.
i
Mayor Carollo: Thank you, Commissioner.
Commissioner Hernandez: The situation that exists is that we have given instruction to the
Manager to bid up to a certain paint where we feel that the property is worth. The appraisal is
somewhere about five -fifty, would be fair to say.
! Commissioner Plummer: Five twenty-seven.
F
Commissioner Hernandez: Five forty-seven is the worth of the.. the value of the property.
Mayor Carollo: That's the assessment.
i
Commissioner Hernandez: Right.
i'
Mayor Carollo: It's worth more than the assessment.
Commissioner Hernandez: Well it's five-twent five with the assessment. Right?
Y- g
Commissioner Plummer: Five twenty-seven is what's on the tax rolls.
r;
Commissioner Hernandez: It's a lot more than five hundred and fifty thousand. Let's just put it
' that way. And we've given them instructions to bid up to three hundred and two thousand
dollars ($302,000). OK? So, we'd be buying a property that's a lot more valuable than what
we'd be buying it for, the value... three hundred and two thousand dollars ($302,000).
Ms. Paul: I don't know the way you guys do business, really.
1
Commissioner Hernandez: Why are you upset, if... The bottom line is that you want us to buy
f. the property so we could control it.
Ms. Paul: That's what I'm uncertain about. I mean, I would be very comfortable to know that
once I leave this room, that the City of Miami will have access to that building and will be able
to do it. The way I see it, any investor comes and decide they're going to sell Cuban, Haitian
chicken, like we have some businesses like that in Little Haiti, the hell with the community, the
hell with the youth, the hell with the cultural aspect. The hell with everything that we feel that
this building stands for, that represents Haitians in the community.
I
{ Commissioner Hernandez: Well, what we're doing is, we've instructed the Manager to proceed
with the foreclosure. OK? So we can have an opportunity to buy the property. We've given
r
him three hundred and two thousand dollars ($302,000) to spend to buy the property, so we can
control it.
Commissioner Plummer: And please, don't walk out the door thinking that at a bidding
procedure, somebody can't outbid the City. That can happen.
Commissioner Hernandez: Of course.
Ms. Paul: By all means, because from what we understand, also, there is an investor from San
Francisco who is ready to outbid the City to get it and do whatever they want with it. That's
what's out there. So, when the motion was made, we understood that we had something and
someone to talk to, so we had something to go forward to. When I go back out there and I tell
38 January 16, 1997
t
the community exactly what the City Commission does, they're going to be insane. Are you
guys ready to deal with the people?
Commissioner Plummer: I don't know.
Ms. Paul: I mean... I mean... Oh.
Commissioner Hernandez: Do we know...
Mayor Carollo: Who else?
Commissioner Hernandez: We never got an answer on how much... what's the value of all the
inferior liens?
Mr. Jones: From my understanding, it's around two hundred and some thousand dollars.
Commissioner Plummer: Oh.
Commissioner Hernandez: So it's over... we're over five... It's like I'm saying, we're almost
upside down on the property, if we'd able... if we want to purchase it outright. The one fifty that
is owed the City, the one fifty that is owed the State, plus the inferior liens. We're over five
hundred thousand dollars ($500,000).
Mayor Carollo: That's correct.
Ms. Paul: You know, and as a citizen, I happen to... I was a member of the board of the Haitian
Task Force who does that, who worked and put the Caribbean Marketplace to what it is. And
basically, what it boils down to is a bunch of businesspeople who come in and looking for
cutbacks, and take the money, because the objective for the Haitian Marketplace, for it to be
where it is, was not the overall goal when we started to build the Caribbean Marketplace. And
there's too many crookedness in the City of Miami, when dollars are allocated for certain
communities, for things to be done. And the bottom line is, the citizen, the people in which...
that needs the services, are the ones that always suffer. And it's... It's absurd if the people... if
the people really need that building to do the services, in order to maintain a community don't
have it, Commissioners and Mr. Mayor. So, I would appreciate, and I hope, and I'm looking
forward that the City is the negotiating partner, because for years, I used to tell the City of
Miami, "What are we going to do?" I sent letters when I realized mismanagement was
happening. And for years, they told us... The Marketplace was just like a big building, nobody
wanted to talk about it. But then again, we know the power of the City of Miami. And with the
plans that these people have, we will be paying money to the Commission, to the City of Miami.
So, I hope that decision that was taken behind our backs when we left, when we know that you
guys had already voted, made a motion, the motion was passed. And for us to turn our back and
be outside, for you guys to do that, that's painful.
Commissioner Hernandez: The problem is that the motion that was made and what we voted
was on improper information that was given to this Commission, and that's why the motion was
changed. Secondly, it's obvious that we do not... The will of this Commission is that we're not
going to enter into a bidding war with the private sector. We have three hundred and two
thousand we're going to invest. If it goes over three hundred and two, we don't have that kind of
money.
i
Mayor Carollo: Mr. City Attorney, can you try to shed some light into this, so you could explain
what we're doing?
F
i
I
39 January 16, 1997
t
Mr. Jones: Yeah. Yeah. I think that Commissioner Hernandez laid it out very completely.
There was no action that was taken that's adverse to your interest, whatsoever. You know, the
City... Essentially, what we're telling you is that upon information that was provided to me and
provided to the Commissioner, we revisited it. In all probability, from what has been conveyed
to me, there are probably 13 to 15 principals that own, comprise the corporation, which is now
defunct, that supposedly owns the Caribbean Marketplace. OK. Let me finish, if you will. OK?
I can't tell you the difficulty that we had trying to locate these people, in order to get service to
initiate the foreclosure action. What I informed the Commissioner was that, in all probability, it
would be to no avail to try to get those particular individuals to deed the property over to the
City. Even in the event that they deeded the property over to the City, the City would he
responsible for over two hundred thousand dollars ($200,000) in inferior liens. So it's my... my
best judgment is to advise this Commission that it's in the Commission's hest interest to try and
gain control of the property, to wipe out the inferior liens. By no means is it a guarantee that the
City is going to control the property. There may be someone that shows up and bids more than
the City bids. And if they do, the City will get some money, at least, back on the loan that it
loaned to the corporation. It may not be 100 percent on the dollar, but at least it will be 20, 30
percent on the dollar. So, that's the best I can tell you, and that's the best that this Commission
can provide to you at this particular point in time. So, this Commission has taken no action
that's adverse to your interest, whatsoever. And certainly, it's not in a position to guarantee you
one way or the other, that we're going to control. We're going to make every effort to wrestle
control of it, but like I said, if there's someone that bids, comes and bids more than we're
prepared to bid, that's out of our control. That's the nature of foreclosure.
Commissioner Gort: Mr. Mayor. Mr. Mayor.
-Mayor Carollo: Go ahead, Commissioner.
Commissioner Gort: This has become a large issue. I think all .of us over here are now aware of
that. And maybe somebody in staff can guide me on how do we deal with this. How it was
given to... the private sector bought it.
Mr. Marquez: Commissioner Gort, this item predates part of... portions of my staff, and I
believe we will have to get the history for you.
Mayor Carollo: Yeah. Can we also have the second resolution that was passed be explained to
the representatives here, so that there is no other question on what this Commission did here this
morning? Commissioner Plummer, can you explain to them the resolution that you made, so no
one is misled at all as to where this Commission is coming from?
Mr. Jean Monestime: Would you allow me, Mr. Mayor, one minute?
Mayor Carollo: If he could explain this to you. Then you could go ahead and express yourself.
Commissioner Plummer: My resolution is very, very simple. This City cannot lay out over five
hundred thousand dollars ($500,000) of new money, and take things off of the tax roll at the
same time. My resolution basically said that if we lay out that kind of money, that we do it for
the full intent that we will sell the property and get it back on the tax rolls. Now, that doesn't
preclude your people to raise the money, and use it for whatever purpose that you want. But we,
the City, have an outstanding five... three hundred thousand, plus the liens, if we buy that, and I
don't see any other way that we can do it. We don't have the money to say we're going to buy
it, and then turn it over to somebody and say, "Hey, it's yours free of charge, and you don't have
to pay no taxes on it." I just don't... I don't see how the City can afford it. I just really don't.
And that's why I made my resolution.
40 January 16, 1997
Mr. Monestime: Mr. Mayor, Mr. Commissioner, my name is Jean Monestime again. We have
trusted you when we came here this morning to talk about the issue of the Haitian... I mean of
the Caribbean Marketplace. We feel betrayed right now, because we are reasonable people. The
decision that you have proposed and passed could have been explained to us. We'd understand
it. But the thing is that it was done behind our hacks, after we were told that this would be
postponed.
Commissioner Plummer: No, no. Excuse me, sir. Excuse me.
Mr. Monestime: I think this is a kind of...
Commissioner Plummer: Excuse me. It was not my resolution that brought it back before this
table. It was Commissioner Hernandez who found out that the information which we dealt with
this morning and predicated our votes on this morning was information that was not correct. He
then asked that it he brought hack before the table for reconsideration, because of the
information that we then found out was incorrect when we voted, and you were here this
morning. At that time, is when I asked if we do acquire it, what are we going to do with it? And
I had to know what we. were going to do with it before I could vote to lay out three hundred and
two thousand dollars more of City money. So don't say you were betrayed. You understood bad
information, or misinformation, as this Commission did. And that's the reason that it was
brought hack up. So I just want that on the record, sir.
Mr. Monestime: Well, Mr. Commissioner, in many instances... We feel that in many other
communities, this would not happen the way you just did it. Because in many other
communities, the leader of the communities would be notified and told that this particular
decision would be taken. We're dealing... I understand clearly the financial situation of the City
of Miami. But also, you should have been part of my community to understand that the burden
we have, seeing the a crime disrupting our society, our community, or dismantling our
community. We have used this property to educate young people, to reduce the number of gang
members in our community. And we have felt for a long time that we were a neglected
community. You just proved it. And this is, once again, one of the situation, one of the
decisions that put in jeopardy the integrity of the City Commission, of the City of Miami
Administration, because we feel that, deeply, that as reasonable people, we could have been told
that you were going to take a decision, because it was planned, it was thought of. And doing it
like this, to whatever extent that you would explain it, without having us here or dealing or
talking with the leaders of our community to tell them what... to ask them what they could do
about this situation, is really understandable. I once again feel that this is pure betrayal. And
I'm hoping that this is the last time it happens to our community, because it would never happen
to other communities that we know in Dade County.
Mr. Jan Mapore: 1 just want to take one minute to say something. I was at the hearing when
Judge Tobin gave the right to the City of Miami to foreclose the building. Then right after that, I
talked to the lawyer, Mrs. Diana Resco (phonetic). She personally told me that all mechanic
liens have been, quote/unquote, "extinguished." I had another meeting with Mr. Waters. He
picked up the phone and talked to the lawyer again. And he came back and told me, all
mechanic liens were wiped out. Why this flip-flop in information?
Commissioner Plummer: I'd like to know, also. I'd like to...
Mr. Mapore: Please, explain it to the Haitian community.
Commissioner Plummer: I'd like to also know. Mr. Waters? Somebody put it on the record.
Mr. Elbert Waters (Director, NET/Community Development): Commissioner, it was an error on
our part. It was my understanding at that time that those mechanic liens had been extinguished.
41 January 16, 1997
It was an error. But what we are attempting to do, at least what staff has made every attempt to
do, is to see whether or not the City would have... gain access. Because if we don't gain access
and the private sector gains access, that proposal that this community brought forward to the
Administration, you would he dealing with those individuals. And I think you would be in better
position to be dealing with the. City Administration from that standpoint.
Mr. Jean La Fortune: My name is Jean Robert La Fortune. I represent... I am the vice chairman
for the Haitian -American Broadcasting Corporation. We... In the last meeting that you had staff
from the City of Miami, it's our understanding... and I think I do speak English. I do understand
English. Our understanding was that there was the... the lien has been expunged by the
decision...
Commissioner Plummer: Sir, I speak English, and I heard that. OK? So don't worry about
whether you heard it in English and you understand English. That's the same thing I heard, and
that's what we predicated our vote on this morning.
Mr. La Fortune: OK. So my...
Commissioner Plummer: When it was brought back up, it was because we were then told that
new information had come forth, that what we used as information in the morning was not
factual.
Mr. La Fortune: As a citizen of Miami, I feel... I feel it is very embarrassing that the
Commission is not being provided with accurate information to take official decisions. Because
the first resolution or the first resolution that was passed by Commissioner Hernandez, that was
something that was positive for the community. And when you were going to put the... when the
City Commission decided to go up on the two hundred thousand dollars ($200,000) to... in the
bidding process, we feel that this is just a... giving our community away. In the Haitian
community, we have no green space. We have no community center. And again, the City of...
the City of Miami was... the few input the City of Miami was providing to the NET
(Neighborhood Enhancement Team) office in Little Haiti to provide drug assistance to the
community, all the Haitian staff who were providing drug placement and job development, all of
them were fired. And the... With the Caribbean Marketplace, if it stays under community
control, there is a chance for a process of revitalization within two City blacks. I understand that
the City is broke, yes, it is a fact. But Little Haiti was not the cause. And I don't think it is fair
for us in the Haitian community to get victimized by the political and financial processes of the
City. You know, it's very embarrassing, shocking, and also, pardon my expression, please, but it
is very upsetting. Thank you.
Ms. Paul: You know, I sit here and I watch each and every one of you guys very deeply, and it's
a shame to see that in the City of Miami, you guys never cared about the minority. Because
when we look at ourselves as Haitian, and we look at the problems we are having in the
community, the City of Miami doesn't care of us in every aspect of it. We have employees of
the City of Miami, we had a NET office. Every Haitian has been fired from that NET office.
Anything that is dealing with Little Haiti has no... Yes, we understand why it's being done. But
what your guys done to us this morning is unfair. And Mr. Plummer just stood up here and say,
"What are we going to do to invest so many thousand dollars in the City?" So obviously, even in
the bidding process, when there's the auction, you're not interested in the City having it, because
we don't have any money. It's all about money. But let me tell you something, Mr.
Commissioners and Mayor. Remember, you're dealing with a community the other day that
made front line news with the Haitian youth becoming gang. And the Police Department looked
at me and said, "Welcome to the club." But let me tell you something. When they're talking
about crime in the City of Miami and the Haitian community stands up, you got to understand
that the problem is not only for me, but it's for you that's running the City of Miami, and it's up
42 January 16, 1997
to you to do whatever you want, because you will remember in history that you did not give a
group who has the interest of the youth of the community, of the people who will make that
community something better. I understand they want to move Haitians out of Little Haiti,
because Little Haiti now is considered a historical place. Yes. But you guys hurt me. You hurt
me because you letting the public know and see that regardless of what you do and how you do
it, you do not care about that particular black ethnic community.
Mayor Carollo: Would anybody else like to say anything?
Commissioner Plummer: We're back to the original motion.
Mayor Carollo: No, no, Commissioner. The... I think we need to make a statement here. This
Commission is not a punching bag, and unfortunately, there, you know, are some people that
have gotten that impression. And this is what happens when you let one group get away with it.
Then everybody is going to think we're a punching bag. This Commission, contrary to what has
been said here, had worked very, very hard, and so has this Administration, to service all of
Miami. In fact, in my office, I have a Haitian -American that works in my office, has been very
involved working with the Haitian community that she cares very much about, because she was
born in Haiti. We, in fact, had a meeting cancelled with some of the people that spoke here a
little while ago. What this Commission cannot do is create money. We don't have a printing
press that we can print money out so that every time someone wants money from us, we could
just go to the printing press and create money. We don't have that. People have to understand
that times have changed, that the only way that we are going to make this City sound financially,
the only way that we're going to make this City a City that is going to enter the next century
coming up in a few years as a sound financial City that's going to have the promising future that
I believe in, is by malting tough decisions now. You know, it's tunny. We have been accused
time and time again in the past months by some of our local media that we don't make any tough
decisions here, that, you know, we're just here, to get some sun. We have a good time when we
meet here. We don't do anything, that it's going to be... an Oversight Board is going to handle
all our problems. If you all don't think these are tough decisions, I don't know what tough
decisions are. We're making tough decisions every time we meet, every week when we don't
meet. We have to make priorities. And unfortunately, some of those priorities hurt. But what
we cannot do is go out and spend more money than we have, so that we can turn around and give
this property or any other property to any group. And I'm sure that before it's all over, we're
going to be accused by every single ethnic group in Miami that we went against them in one
form or another. But those are the decisions that we're going to have to make for the betterment
of the whole City of Miami. And yes, we will make the tough decisions, but also, while making
those tough decisions, try to make the fair decision for our residents. And by making those
decisions, you could be sure that we're going to make sure that Miami is going to survive and is
going to be around for a long time. Sir.
Mr. Angel Urquiola: My name is Angel Urquiola. I live in 25 Southwest 38 Avenue. I'd like to
talk about this matter, because I congratulate all you Commissioners. I agree with
Commissioner Plummer about the situation we do have right now. We cannot afford no more to
give away our property to anybody. Doesn't matter is Haitian, is black, is Hispanic, and it's
Anglo. We have a bad situation. Now, everybody have to understand what Mr. Plummer said.
We have to put our City as real good. No more giving away, including... We gave away to
Dade County a lot of land. No more. Because we're tired to pay taxes, and we're giving away
our property. Look at what we have right. now. I just come from France, and I hear in France,
Hey, what happened? You are in bankruptcy already. You are no good to administrator your
City." It was very bad for me to hear the French people to tell me that. This is why I
congratulate you. No more. We save the City, and when we save the City, then you decide what
you're doing. Thank you very much.
43 January 16, 1997
Vic'
Mr. Monestime: If you would allow me, Mr. Mayer and Mr. Commissioners. What I
understand is probably what this gentleman that just spoke does not understand. We're not
asking the City of Miami to donate anything that they... to do anything that they can't do. We're
asking the City of Miami to make an investment into the Haitian community. We are seeing
every day the damage, once again, that gang members and drugs put into our community. OK?
And if I'm not a member of the gang today, it's not because of what the City of Miami did,
because as far as I'm concerned, I haven't seen anything at this point that you can do. It's just
because by God's grace. But I'm asking the City of Miami to consider this as an investment.
An investment in the sense that if you don't help, educating the youth in our community, when...
We're going to see more damage done into our society. And I don't think, talking about
priorities, when the Mayor talked about priorities earlier, I don't think the Caribbean
Marketplace is a priority at this point to the City of Miami, realizing the kind of crisis the City
has. But you're only expanding this crisis if you're not preventing problems from the City of
Miami. But. when... Allowing this organization to help those youth in our community would
only prevent problems. It would not be an expense to the City of Miami. And I think this is
something that the City couldn't do. It's only outrageous to see that. And thinking in terms of
dollars, we only think so hard when the damage is already done. But when the damage is not
done, I think we should come to our senses and think that we should... we can prevent
something. And I know you read all the time about the problems, and you watch the problems
on TV that the community has. But the only problem is that I don't see you addressing these
problems the way... I understand it's because, definitely, you don't... I mean probably, you don't
live in our community. That's why you can't understand it. But it's a big burden to know what
we are going through in fighting drugs, crimes and every kind of problems in our community.
And once again, I feel very embarrassed to see that you take little... I mean, no notice at all to
what's happening in our community. And talking about paying attention to every group, and
every ethnic group, and every sector of this community, this is not what this decision
encompasses, Mr. Mayor and Commissioners. I don't think that's what it's about. This is
definitely contributing to the destruction of our community, giving this property to the profiteers
that are ready to invest in it and make money out of it.
Mr. Jim McMaster: Jim McMaster, 2940 Southwest 30th Court. I've been watching this on TV,
and it's unfortunate, but, you know, nothing has changed here. What started... Partly, this is a
misunderstanding and partly, the City is just bankrupt, and there is no money. But the staff
didn't know what the assessed value was. The staff didn't know what the liens were. I was up
in that neighborhood a year, year and a half ago, and I think the building was shuttered then. I
mean, how long has this building been shuttered? And nobody seems to have a clue about
anything. And it's the... You know, you Commissioners are telling us you can get us out of this
mess, but nobody knows what's going on. I think the Haitian -Americans here are taking it
personally. I'm sure the doctor who wanted money for the Martin Luther King Day Parade is
taking it personally. But the fact is, that the Cuban Community, when Manuel Artime was
closed, the Nicaraguan community, when Bobby Maduro... I mean Puerto Rican community
when Bobby Maduro was closed. The fact is, is there is no money. And my question to all these
people - and it's soon going to become apparent in the next four or five months - what is this
City here for, with the taxes you charge, and the services we get? The fact is, we are going to be
reduced to police protection. And apparently, we have fewer police than we did 12 years ago. I
think 125 of the police we do have are hired with Federal grants. We have an excellent Fire
Department, which is headed into the toilet with these budget cuts. You're going to privatize
garbage next year. And, whoops, the fees go up. We didn't do it. This City can't help Little
Haiti. This City can't help anybody. So why do we have this City? I would suggest to the
doctor who went to the County and got money, the lady who was speaking here, go to the
County. They have a four billion dollar ($4,000,000,000) budget. We would be much better if
the City were merged with the County. And the Cuban community will be here next month, the
American community in Coconut Grove, everybody will be here. And the fact is, reality is, for
the Haitian community and the Afro-American community, there isn't a penny. J.L., we're not
44 January 16, 1997
bankrupt. We haven't declared bankruptcy. The Governor is not going to let us, but we are a
quarter of a billion dollars in long-term debt. Sixty-eight million this year, sixty million next
year, forty-five million the year after that, forty-three million... You know, where is this coming
from?
Commissioner Plummer: Jim, Jim, a little bit of information is dangerous. Your presentation
this morning is extremely dangerous. And the Mayor gave you the opportunity to stand up here
and do a political thing of trying to destroy the City.
Mr. McMaster: I'm a citizen. I have a right to stand up here.
Commissioner Plummer: This City is not anywhere near bankrupt because... You know, I'm not
a lawyer, OK? I'm just a little simple funeral director out here who runs a successful business.
Mr. McMaster: Mm-hmm. I'm just a hick from up north.
Commissioner Plummer: And bankruptcy, to me, means that when your liabilities exceed your
assets, is bankruptcy. This City is far from bankruptcy. Our assets in this community,
unencumbered, far, far exceed our liabilities. And we're going to make it, in spite of you, in
spite of a lot of other people who would like to see us go away. You know, there is a little
morning newspaper around here who 30 some years ago created a thing called "Metro to Abolish
the City of Miami," and they're still trying, and I understand that. But I think we also have to
understand that there's a group of people who want this City turned over to the County. And I
love all my colleagues in the County, but, you know, something; is wrong. All the little cities are
leaving the. County. And why are they leaving the County? They're leaving; the County because
they want better service, and they want more money for their tax. Yet, this little group of self-
interest people want to abolish the City and give it to the County - somebody better start telling
the truth - so that they can create their own little City of Coconut Grove, 52 percent Anglo, all
rich people, and cut out all of the rest..
Mr. McMaster: Sir, I just met my neighbor. She's waiting for Metro -Dade. Her roof is leaking.
Commissioner Plummer: That's fine. You know...
Mr. McMaster: There's a man who lives in her back yard in a tool shed. I live in the Central
Grove. I'm not rich.
Commissioner Plummer: You know, it's amazing how, when they wanted to put in so-called
City of Coconut Grove that they abolished the black Grove, West Grove. Oh, no, that can't be a
part of our City of Coconut Grove.
Mr. McMaster: That is not true, sir.
Commissioner Plummer: It is true.
Mr. McMaster: I live two blocks from 32nd Avenue.
Commissioner Gort: Mr. Mayor, Mr. Mayor.
Commissioner Plummer: OK. Hey, I quit.
Commissioner Gort: We've got to bring this back in order. We got an agenda to deal with.
45
Mr. McMaster: Well, OK, I'd just like to... In all due respect, sir... OK. I'd like to end this by
saying, can you or can you not provide the residents of Miami with the services they need? And
we see today you can't. Thank you.
Commissioner Plummer: Absolutely.
Commissioner Gort: That's your opinion. There's different opinions.
Mayor Carollo: Commissioners, sometimes it's good - the agenda we have today is not as long
as we usually have had - to let people air...
Commissioner Plummer: McMaster is damn good at zoning. He's not worth a damn on
financial matters.
Mayor Carollo: Well...
Commissioner Plummer: In my opinion.
Mayor Carollo: It's sometimes good to let people air frustrations. I think we all have to do that
ourselves sometimes, also. Let's let these last two people speak, and let's limit it to two minutes,
and then we'll go back to the regular Commission agenda.
Commissioner Plummer: Well, Mr. Mayor, I agree with Willy, and I didn't mean to spout off,
except I couldn't let that statement go unanswered.
Mayor Carollo: And I agree with you, J.L. I agree with you.
Commissioner Plummer: OK? But I think we need to move on, on the agenda. You know, all
of this... We're now two and a half hours, and we're not even to item 7.
Mayor Carollo: Well, let's give them two more minutes.
Commissioner Plummer: All right. Go ahead.
Mayor Carollo: And then we'll go right into the agenda, and then run a stricter timing on the
meeting. Sir.
Mr. La Fortune: My name, again, is Jean Robert La Fortune. I live at 12235 Northwest 2nd
Avenue. I do work in the City of Miami. As such, I do pay taxes to the City of Miami. And for
the record, I want the... I would like the City Commission to know, I would like the residents of
Miami to know that is not to request the City of Miami to give the Caribbean Marketplace free...
We have a plan, and we did... I don't know if the Commissioners, if they were given that plan
by staff, but we do have an economic plan, a sound financial plan which will make that market
productive for the community. So for the record, I want you to know that we are not here to...
We are not requesting a donation from the City of Miami, but there are... with the meager
resources that we have in Little Haiti, with the human resources that we have in Little Haiti, with
the will that we have for the Caribbean Marketplace to survive, to be within Haitian control. We
do not wish the private sector comes in there and just do whatever that they want to, because the
design of the project, it was community -minded, community involved. And we feel it is part of
the heritage of Little Haiti. Then whatever the City has to do, the people of the community
would... we would have them to do so. If not, that issue would not he over. We'll be coming
here over and over and over again. Thank you, Commissioners.
46 January 16, 1997
Ms. Annette Eisenberg: I have tried to sit by quietly. Annette Eisenberg, 1180 Northeast 86th
Street. I just want to say that I... at the meeting last night where the City of Miami was
considered and referred to as an appendix, an organ that was not necessary, so as to cut it out, I,
for one, do not reel that way. And I'm going to read you our motto that our Mayor offered us,
and I want you all to remember it: "Miami, 101 and still many more to come." And we'll debate
and we'll combat all the people who think that we're going out. We're not going away.
Mayor Carollo: Thank you. OK. Now, we're going to he going back to our scheduled meeting
and...
Commissioner Gort: Mr. Mayor, before we go back, I just got a two minute statement.
Mayor Carollo: Go ahead, sir.
Commissioner Gort: Because a lot of things have been said here about we're... ignoring any
community. And I want you to know, Lou Sander Frances, which I have appointed to the
board... he's on several boards here. I've visited that place a couple of times, and we made some
suggestions, because it's a beautiful architecture, to make it sort of a tourist attraction, to he able
to show the culture and so on. My understanding, also is, in talking to the different people, we
have... we provide services within that area, and the City of Miami Police is working with the
youth in there, and they got programs to work with them. We're not ignoring that community. I
wanted you to know that. At the same time, what we're saying is, we want to acquire this
property, and they might have a chance to go ahead and buy it, and they can run it, and I'm sure
they'll have people who can help work with them. But I want to make sure that at least this
Commissioner, and I know it's the intent of all the Commissioners in here, our motto is to
improve our neighborhoods, and we'll work in every one of them, and we will continue to work
for you. And I think we provide excellent services, and we'll improve the services, too.
Vice Mayor Regalado: Mr. Mayor.
Mayor Carollo: Commissioner.
Vice Mayor Regalado: If I may. Before we go back into the regular agenda, I have two very
brief issues regarding what has been said here about the efforts to abolish the City of Miami. I
have been checking the different precincts in the City of Miami, and we're going to have to
resolve a situation before... if we go to a referendum or when we go to a referendum, because
Precinct 542, it's a mix, what they call a mixed precinct. Out of 1,600 registered voters - and
that precinct is in the City of Miami - there are 1200 registered voters who do not live in the City
of Miami. Precinct 263, located in Model City, in the City of Miami, has about 300, maybe
more, of non -Miami residents as voters that could vote in the City of Miami. Precinct 525,
which is in the northwest section, has voters who are residents of the City of Hialeah. Now, if
we are going to have this referendum, then the Election Department of Dade County will have to
assure us that they will not let these non-residents vote. But the fact is that in the past election,
November 5th, these non-residents did vote in the City of Miami. So, we're talking here about
maybe 2,000, maybe 3,000 non-residents of the City of Miami who can and will... Maybe if you
ask them, please, do not vote, they would not come. But there's no way that the Elections
Department can forbid these people, when they go into the polls with their card. So my question
is, what are we going to do about this? It may be more precincts. Maybe in the northeast
section, we may have another precinct that is mixed, non-residents and residents of the City of
Miami. That's my first question to the City Attorney and City Manager.
47 January 16, 1997
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Mayor Carollo: What I think we need to do is to make a request of the Elections Supervisor in
the County that this will be changed. There shouldn't he any reason whatsoever why we have
precincts that are split between City voters and voters from Unincorporated Dade County, or
another municipality. The Commissioner is right. It makes it impossible in an election that's
only a Citywide election for any voters in that precinct that are not City of Miami voters to be
told, "No, you can't vote." The Elections people in those precincts have no way of knowing
whether they are City of Miami voters or non -City voters. So we need to resolve that with the
County.
Mr. Edward Marquez (City Manager): Mr. Mayor, I think the City Attorney and myself both
absolutely agree with what you're saying. We will contact the Elections Department and
Supervisor, jointly, and try to resolve this, and report back to you as to what we're finding out.
Commissioner Plummer: I'm sorry, I was out. What is the question?
Vice Mayor Regalado: J.L., we have several precincts in the City of Miami who are mixed.
Commissioner Plummer: Right.
Vice Mayor Regalado: As a matter of fact, I forgot to tell you about the precinct that we used to
have... at least, I think we still have it. We didn't have it on the 5th, because they said that they
were fixing it. We have a precinct in Miracle Center that has more than 300 Coral Gables
residents that vote there.
- Commissioner Plummer: Oh, OK. OK. I understand now.
Vice Mayor Regalado: And they cannot just tell them not to vote, because they are in the same
book, and when you show your card, you can go ahead and vote. It would have to be a voluntary
thing, if you don't want to vote on an issue of the City of Miami.
Now, my second brief question is to the City Attorney. Can we use a legal means of the City of
Miami to evict from any board of the City of Miami any member of the Committee to Abolish
the City of Miami? What I'm saying is that we know that there are members of the Committee
to Abolish the City of Miami who are members of boards of the City of Miami. My
understanding is that when you are sworn in as a member, you have sworn loyalty to the City of
Miami. So here, we are sort of sleeping with the enemy. And I was wondering if we have the
means to evict these people. They want to abolish the City, they can do that outside of the City
form of government.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Vice Mayor, I guess what you have, essentially,
is that the enabling legislation that we changed... This Commission changed, I think it was last
year, or year before last, to make board membership and requirements for membership and
dismissal uniform. You can dismiss for cause or without cause. I think what you... And I'm
personally familiar with the incident that you are... the hoard that you are making reference to. I
think, at most, what you have... And it poses a serious problem. You have a situation where
particular members have violated the oath that they've taken to uphold the interests of the State,
the United States, and the City of Miami. So to that extent, and to answer your question, this
Commission can remove any board member for cause, or without cause. So it's within your...
certainly within your authority to do so.
a-
48 January 16, 1997
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Mayor Carollo: Well, this is what happens when sometimes you name individuals to a board,
such as the one that we're talking about, that are not City of Miami residents. To my knowledge,
all the individuals that the Commissioner probably is referring to in a particular board are
individuals that were named to a board, but are not City of Miami residents.
Commissioner Plummer: Well, wait a minute. If we're speaking of one particular board...
Vice Mayor Regalado: No. I'm talking about all boards, Commissioner.
Commissioner Plummer: OK. I'm... The one board, I think, that might be in question, has an
existing rule that says that members of that board have to live in the district, work in the district,
or they can't be a member of the board. That's already in existence, if I'm not mistaken.
Commissioner Hernandez: Unless there's a four -fifths waiver. Can we do that?
Mr. Jones: Yeah. That was encompassed within the ordinance that you changed; they either
live... they either reside, work, own property...
Mayor Carollo: Why don't we bring this item back on to the Commission towards the end of
today's meeting . It...
Commissioner Plummer: Yeah. I'd be surprised how they got there.
Mayor Carollo: Well, four -fifths waiver, Commissioner.
Commissioner Hernandez: - Four -fifths is the only _way.
Commissioner Plummer: I don't ever remember making any four -fifths waiver.
Mayor Carollo: Well, we...
Mr. Jones: That's part of the ordinance, Commissioner.
Commissioner Plummer: Well, what I'm saying is I don't remember.
Mr. Jones: 'For that one.
Mayor Carollo: We'll bring that back. We're going to the regular meeting, and you've had fun
already, Jim. Fun is over.
Mr. McMaster: Well, I just wanted to make sure that you didn't make a motion today.
Commissioner Plummer: Absolutely.
Mr. McMaster: Thank you.
Commissioner Plummer: Absolutely.
Mayor Carollo: Don't worry about that, Jim.
Mr. McMaster: Thank you.
Ms. Kim Driscoll: If I may, I'd just like to have a couple of words, Mayor?
49 January 16, 1997
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Mayor Carollo: Ma'am, I apologize. I don't want to be rude, but we have to get back to the
meeting. We've given a lot of people the opportunity. I'm sorry you didn't have your say, but
we do have to finish the meeting. I think I've been extremely liberal - even though I don't like
to use that word - very liberal in letting people express themselves. But...
Ms. Driscoll: Well, one thing I wanted to do was commend the Commission on sticking
together.
Commissioner Plummer: Oh, let her talk. Let her talk.
Ms. Driscoll: Now, may I? Now, may I?
Mayor Carollo: If you could just cut it to ten seconds. We really need to move on.
Ms. Driscoll: OK. Good morning. My name is Kim Driscoll, 1480 Stillwater Drive. I'm a
concerned citizen of Miami, and I really do want to commend the entire Commission and the
Mayor for sticking together. I mean, you're getting notoriety internationally, and I really praise
you and admire you for working together and trying to resolve the City's problems, debaucle, if I
may say. However, I think the Haitian issue is something that will help solve the Miami
problem. If there's any way to mediate some type of resolution between them, I think that it
would be beneficial for both the Commission and the City of Miami, because I think the Haitian
crime problem is an issue that needs to be addressed and...
Mayor Carollo: It is, but their issue and the crime problems are two different things. You're not
going to solve the crime issue just because we're going to open this market and give it to any one
..:particular group within the Haitian community. And the Haitian community, let me say to you,
is just like every other community that we have in Miami. There are many, many, many groups
j within the Haitian community. And much of what was said here was very unjust on behalf of
this Commission, because we have worked very, very hard within the Haitian community. But I
thank you for your input and being here today. Thank you.
Ms. Driscoll: Thank you. I wasn't putting any blame on the Commission at all.
Mayor Carollo: No, I understand.
Ms. Driscoll: I agree with you, not having the money to provide them with this, but if you could
simply maybe give them more time to come up with private funds of their own, then it maybe
would be better for both the City and them. And I'm just simply saying, I'm just hoping that you
can both work together on this so it's a win/win situation for both parties.
Mayor Carollo: We appreciate...
i
Ms. Driscoll: And I commend you all. Thank you.
Mayor Carollo: We appreciate your input and your comments. Thank you.
50 January 16, 1997
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9. SECOND READING ORDINANCE: AMEND CHAPTER 53-86 OF CODE,
"DOCKAGE RATES"; -- FURTHER REPEAL SECTION 2 OF ORDINANCE
9251, ADOPT SCHEDULE OF FEES AT CITY MARINAS.
Mayor Carollo: All right, we're back in item seven. Its' a second reading ordinance.
Commissioner Plummer: I moved it before and I'll move it again.
Mayor Carollo: Six was deferred by Commissioner Plummer.
Commissioner Plummer: Yes.
Mayor Carollo: It will be coming back at some later point.
Commissioner Plummer: Thirteenth of February.
Mayor Carollo: Yeah. On seven, Commissioner Plummer moves. Commissioner Grort seconds.
Can you read the ordinance Mr. City Attorney?
Mayor Carollo: Before you read the roll Mr. Clerk, Lucia are you here to address this item?
Ms. Lucia Dougherty: Yes sir, I am. Lucia...
Mayor Carollo: OK, how much time do you need?
Ms. Dougherty: Three minutes.
Mayor Carollo: OK, that's fine.
Ms. Dougherty: Lucia Dougherty with offices at 1221 Brickell Avenue, here today on behalf of
several owners of sight-seeing boats that are going to be affected by this ordinance. Let me first
say to you that many of the people that I represent including the Pier V Boatmen want to
commend Christina Abrams on the great job that they're doing out there in the Marinas. It has
so far improved since she's been there that we want you to know that and we do support her and
we think she's doing a good job. With respect to this ordinance though, I need to put on the
record that the Pier V Boatmen negotiated a contract, an amended contract. We do not believe
that these increased fees would apply to this contract and I need to put that on the record.
Having said that we agree voluntarily because we believe that we want to be supportive of the
City Commission and the City in it's budget crisis so we will voluntarily pay these additional
increased fees. I want you to know that when this amendment was drafted and negotiated less
than a year ago, our fees for sight-seeing boats increased threefold. Three times what it was
before. Less than a year, it's coming back and having 50 percent in the next year, 60 percent and
then 100 percent, or 100 percent in three years. So, we think that is a tremendous increase. Not
an increase shared by many other citizens but we voluntarily agreed to pay it. Having said that, I
want to ask you if you do want to do this with your ordinance? What this ordinance does, is give
full authority to the City Manager to increase fees or to decrease them. Set the rates at their full
discretion at any time they want to without any City Commission approval. I just ask you, is that
what you want?
51 January 16, 1997
Commissioner Plummer: The answer for this vote is no.
Mr. A. Quinn Jones, II1, Esq. (City Attorney): That's not what this ordinance does. I think
you're referring to another ordinance, Lucia.
Ms. Dougherty: And I'm looking at number seven, the dockage rates?
Mr. Jones: Yeah, but I think the one that you're talking about, there is another ordinance in here
that deals with...
Ms. Dougherty: Am I looking at number seven?
Commissioner Plummer: Yes.
Ms. Dougherty: I have the item, the backup for item seven.
Mr. Jones: OK, all right.
Commissioner Plummer: Let me give my colleagues a little bit of information. One of the most
successful things we ever did at this City Commission was with the boats in the back. And we
established a fee and we established a formula for every year there would he a price increase.
And as I recall it, it was on the Consumer Price Index. And it worked out great. There is no
more screaming matches in public hearings because everybody agreed to it. And I think that we
ought to learn by what we did there, that when we get the fees here that every year there is an
automatic increase predicated on whatever formula and the CPI (Consumer Price Index) is a
good formula that there would be no problem of having to come back every year having public
hearings. I give you that for what, it's worth. It worked tremendously here at Dinner Key and I
think it could work just as well anywhere else on the Consumer Price Index.
Mayor Carollo: OK, any statements by management?
Ms. Christina Abrams (Director, Public Facilities): Yes. With all respect to the Commission,
we're requesting that basically they increase the rates to that of the competing marinas. The idea
of the fees raised raised every year by three percent has it's pluses and minuses. The plus of
course is, you have a guaranteed increase which is great, more revenue for the City. The
negative is, we want to be careful not to exceed that of competing facilities. You know, what we
try to do is monitor the market and always remain competitive and also we have some unique
advantages that other marinas don't have that we want to be able to capitalize on that. But again,
you know, we wanted to be able to make the most from the revenue while being competitive.
Mayor Carollo: OK, Mr. Manager.
Mr. Edward Marquez (City Manager): Mr. Manager, I just wanted to add the fee increases that
are being proposed now have been adjusted downward from what was originally proposed on the
Stierheim's plan because Christina met with the people and had a phased in rate increase.
Mayor Carollo: All right, thank you. Sir, your name and address. You have two minutes.
Mr. Mike Dudik: Yeah, Mike Dudik, Celebration Excursions of Miami. 3239 West Trade,
Miami. I have been in the marinas for fourteen and a half years and I would like to second
Lucia's comments. It's a pleasure to see Christina come in, and I know the surprise is at hand
that she's received. But, it's a pleasure to see 'em. But I do have a couple concerns. I think
overall, I do not have a problem with the price increase within reason. I do not have a problem
with supporting the marinas providing the management, which under her direction has improved
52 January 16, 1997
by about 500 percent. And this is personal knowledge of 14 years. A of couple concerns I do
have is, number one, that we definitely keep in mind that we have to have checks and balances
because according to what I'm reading here, it says the dockage rates of all City marinas may be
established from time to time by the City Manager, and there's no checks and balances on that.
And he could change these at whim, whenever the pleasure may arise. We don't know who is
going to be the City Manager in ten years, five years, two years, whatever the case may he. I'm
also concerned about that this issue is going to take effect January of '97, according to what I'm
reading here. I honestly feel that any business, being in business you have to have a budget,
you've got to have plans and long term. We planned and we signed the mortgage docket
agreement which ends yearly, which is renewed yearly and we budgeted for that. And I'm
projecting or proposing that, yes, I am supportive of the increases. I'm supportive of supporting
the marina but they should take place at the end of your mortgage and dockage agreement so you
could plan for the future and plan for your business without putting yourself in jeopardy. And
my big concern again, is checks and balances. I think the City has got a good example and
experience of it and that it definitely needs it. And what I'm reading here, there are no checks
and balances.
Ms. Abrams: If I could...
Mayor Carollo: Christina.
Ms. Abrams: If you would like me to respond.
Mayor Carollo: Yes, if you would.
Ms. Abrams: The rate increase goes into effect January of '97. However, how it affects each
individual boat owner is under the expiration of their mortgage and dockage agreement. So in
the case of Mr. Dudik, his mortgage and docket agreement expires in February and that's when
the new rate would take its effect. Also the City Manager has made a suggestion as far as
addressing the concerns about raising the rates randomly. The Manager suggests that we bring it
before the Commission under an administrative order, I believe is the term used, which allows
the Commission to have final review before it goes into effect. But also, frees us up from having
to go through the process of having an ordinance change.
Commissioner Plummer: Well, why don't you just build in a formula for an increase on an
annual basis, you don't have to bring it before him or us? Save everybody time and effort.
Mr. Edward Marquez (City Manager): The problem... On this particular issue there is a problem
with that. And that's because Christina has negotiated a phased in rate that's slightly below what
we believe is market price today.
Commissioner Plummer: Christina does not have the right to negotiate anything without this
Commission's approval.
Mr. Marquez: Absolutely, and no one argues that.
Commissioner Plummer: Now all I'm saying to you is, I'm getting a little up tight around here
when this Commission sets policy and it's not absolutely adhered to. I'm saying to you, we have
a pilot that worked. Why reinvent the wheel? That's all I'm saying to you. Now, maybe my
colleagues don't agree with me all right, and that's their prerogative. But I'm saying is, back
here that had a built in formula we used to have annual, what they called public hearing were
screaming matches at this Commission, and once they sat down and said "OK, let's come up
with a reasonable rate, let's come up with a formula" which I think they used a C.P.I. (Consumer
Price Index). I could be wrong on that. We've never had another minute's problem with them.
They've been happy, we've been happy. And why don't you do that again?
53 January 16, 1997
tl4;,
Mayor Carollo: All right, I'm calling the question. Mr. Clerk, call the roll.
Commissioner Plummer: Well, you know, I made the motion but I've got to vote against it now
that it has been brought out the way that it is. I would much prefer to go the other way, much
prefer it. So I have to vote against my own motion, I am sorry.
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION 53-86 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED: "DOCKAGE RATES", FURTHER
REPEALING SECTION 2 OF ORDINNACE NO. 9251, ADOPTED MARCH 17, 1981,
IN ITS ENTIRETY, WHICH SECTION ADOPTED A SCHEDULE OF FEES AT
CITY MARINAS; 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 January 12, 1996, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second
and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Witredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: Commissioner J.L. Plummer, Jr.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11433.
j The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Mayor Carollo: Fine. See you again next year Christina for the new increase, and every year
thereafter.
54 January 16, 1997
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10. FIRE FEES: SECOND READING ORDINANCE: AMEND CODE RELATED
TO FIRE PROTECTION PENALTIES, PERMITS AND FEES: (1) INCREASE
CHARGES FOR INSPECTION/TESTING OF FIRE SUPPRESSION
SYSTEMS; (2) ESTABLISH FIRE SAFETY PERMIT; (3) PROVIDE
SCHEDULE OF FEES FOR ISSUANCE AND ANNUAL RENEWAL; (4)
PROVIDE FOR REVOCATION AND CIVIL AND CRIMINAL PENALTIES;
(5) PROVIDE FOR USE OF SAID FEES -- AMEND SECTIONS 2-409/19-2 --
ADD NEW SECTION 19.2.1.
Mayor Carollo: OK, we're on item eight. Second reading ordinance.
Commissioner Plummer: On eight?
Mayor Carollo: On eight.
Commissioner Plummer: Move it. I move it.
Mayor Carollo: Moved by Commissioner Plummer.
Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Hernandez.
Mayor Carollo: Would you like to state on the record what we have before us?
Fire Chief Gimenez: Yes, sir. This is a proposed ordinance change. An ordinance to initiate
what's called a fire permit fee. The revenues generated from this fee will go to offset the cost of
the fire prevention bureau and personnel, and we'll also be able to add additional personnel to
the bureau in order to ensure that we get into all the businesses and buildings that we need to get
to on an annual basis.
Mayor Carollo: This is the fee that we presently do not charge for, whereas the County charges
for.
Fire Chief Gimenez: That's correct sir.
Mayor Carollo: OK, any further questions from the members of the Commission? OK.
Mister...
Mr. Manuel Gonzalez-Goenaga: Yes, I want to... My name is Manual Gonzalez-Goenaga. I
want to bring these Commissioners and the City Manager with the October 21, 1996 Forbes
magazine, the front page. "The worst of cities. Haw does your hometown stock up on the
prosperity scale? And just to sum it up in one sentence, here are different charts of cities and it
does say. "Want to create new jobs in your town, reduce taxes and make government more
efficient, the jobs will come." I hope you understand because my language is very seldom
understood here for so many years. Thank you.
Mayor Carollo: Would you call the roll?
55
January 16, 1997
tom:,
An Ordinance entitled -
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, RELATED TO FIRE PROTECTION PENALTIES, PERMITS AND
FEES. THREBY (1) INCREASING CHARGES FOR INSPECTION AND TESTING
OF FIRE SUPPRESSION SYSTEMS, (2) ESTABLISHING A FIRE SAFETY
PERMIT; (3) PROVIDING A SCHEDULE OF FEES FOR THE ISSUANCE AND
ANNUAL RENEWAL THEREOF, (4) PROIDING FOR REVOCATION AND CIVIL
AND CRIMINAL PENALTIES; (5) PROVIDING FOR THE USE OF SAID FEES;
MORE PARTICULARLY BY AMENDING SECTIONS 2-409 AND 19-2 AND
ADDING NEW SECTION 19.2.1 TO SAID CODE; 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 December 12, 1996, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Hernandez, the ordinance was thereupon given its
second and final reading by title, and was passed and adapted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
- NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11434.
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.
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11. DISCUSS / DEFER / CONSIDERATION OF AGENDA ITEM (PROPOSED
SECOND READING ORDINANCE: RELATED TO LOBBYISTS; AMEND
CODE BY AMENDING LOBBYISTS' REGISTRATION REQUIREMENTS;
ESTABLISHING FEES AND DISCLOSURE REQUIREMENTS; PROVIDING
EXEMPTIONS FROM FEES; REQUIRING THE CITY CLERK TO
MAINTAIN A LOG OF REGISTERED LOBBYISTS; AMENDING THE
ANNUAL STATEMENT" AND RENAMING SAME AS "ANNUAL
EXPENDITURES REPORT"; SETTING FORTH PROCEDURES AND
REQUIREMENTS FOR COMPLIANCE; PROVIDING FOR PENALTIES FOR
VIOLATIONS).
Mayor Carollo: Second reading, item number nine. This law ordinance relating to lobbyists.
Commissioner Plummer: I move it with regrets that it wasn't higher but I'll still move it. It's
better than nothing, but it's next to it.
56 January 16, 1997
t''
Commissioner Gort: Second.
Mayor Carollo: There's a motion, there is a second. Well, we could raise it now in the second
reading. Can we? No we can't. We have to stay with that, well.
Commissioner Plummer: You can do less but you can't do more. I think it's ridiculous, one
hundred dollars ($100). You have lobbyists coming here making ten thousand ($10,000), twenty
thousand ($20,000), twenty-five ($25,000) and you're going to charge them twenty-five dollars
($25)? I mean it's a joke.
Mayor Carollo: Look, I will be glad to approve this as a second reading then bring it back again
and change it again. Let's start collecting the hundred ($100) if you want. Or if you would feel
better, I'll be happy not to take it and to bring it back a first reading for a higher fee.
Commissioner Plummer: I would move to defer and bring it back for a higher fee.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Well, let me just caution you in one thing. I've
told you this before, any fee that you charge has to be reasonably related to the cost of
regulation. Now, if you're going to oppose something higher than this then, the City Clerk or the
administration or whomever is going to have to justify why the higher increase and how it's
related to regulating that. That's all I'm saying because otherwise you really open it up to
challenge. What I did... What we did essentially was to try to come up with something that was,
we thought was reasonable. Reasonable, related to the regulation that would not he subject to
challenge. But certainly, it's conditions prerogative by all means to raise it to whatever level you
want.
Commissioner Plummer: You know, Mr. City attorney a peddler, a peddler who puslies an apple
cart in this town has to pay every year, four hundred and ninety-seven dollars ($497) as I recall
for a license. And you're telling me that you want to protect your fellow lawyers and lobbyists
by only charging them one hundred dollars ($100)? So that puts them four times lower than the
pushing of an apple cart. It makes no sense to charge one hundred ($100). What is it, one
hundred dollars, ($100) and twenty-five (25)?
Commissioner Hernandez: Yeah.
Commissioner Plummer: It ridiculous. It is going to cost you more to administer the darn thing
than it is to collect it. And besides that, these lawyers are the worst pain in the world. The
motion is to defer to come back with higher rates. I... Did you move it or did I move it?
Commissioner Hernandez: You moved it, I second.
Commissioner Plummer: OK.
Mayor Carollo: There is a motion, there is a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Commissioner Plummer: I would make a proposal of five hundred dollars ($500) and one
hundred dollars ($100) per appearance. That would be my proposal. Other members can
express their opinion or not but that's what I feel.
Mayor Carollo: Yeah, I would suggest that we bring it back for first reading at the next meeting.
And that you go over it with the City Attorney, Mr. Commissioner.
57 January 16, 1997
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Rik
Commissioner Plummer: Sir, I don't need to. I'll tell you right now, my vote is predicated if
you bring anything less than five hundred ($500) initial annual fee and one hundred dollars
($100) appearance, I'll vote against it. Now, if you want to bring it for more, I'll vote for it. So
that's where I'm at. Anybody's opposed to that, say it now so we can either bring it back or not.
Mayor Carollo: I make a motion that we name Mr. Plummer our new City Attorney.
Commissioner Plummer: Do I get his salary?
Mayor Carollo: No, sir.
Mr. Jones: Well, I'll become the undertaker then, OK.
Mayor Carollo: It's not in the budget.
Commissioner Plummer: OK.
Mayor Carollo: OK, there is a motion for deferral, there is a second. All in favor signify by
saying "aye."
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION N.O. 97-12
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 9 (PROPOSED
AMENDMENT TO THE CITY CODE, ADDING AND AMENDING DEFINITIONS;
AMENDING LOBBYIST REGISTRATION REQUIREMENTS; ESTABLISHING
FEES AND DISCLOSURE REQUIREMENTS; PROVIDING EXEMPTION FROM
FEES; REQUIRING THE CITY CLERK TO MAINTAIN A LOG OF REGISTERED
LOBBYISTS; AMENDING THE "ANNUAL STATEMENT AND RENAMING SAME
4 AS "ANNUAL EXPENDITURES REPORT; SETTING FORTH PROCEDURES AND
REQUIREMENTS FOR COMPLIANCE; PROVIDING FOR PENALTIES FOR
i
VIOLATIONS, ETC.)
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
j AYES: Commissioner J. L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
58 January 16, 1997
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12. FIRST READING ORDINANCE: AMEND CODE BY ADDING SECTION 2-
77 TO CHAPTER 2 -- REQUIRING CERTIFICATE OF RE -OCCUPANCY
PRIOR TO THE SALE OF ANY SINGLE FAMILY RESIDENTIAL OR TWO-
FAMILY RESIDENTIAL PROPERTY WITH CITY.
Mayor Carollo: We're in item ten, first reading ordinance.
Mr. Carlos Smith (Assistant City Manager/Director-Building and Zoning Dept.): This ordinance
requires that a certificate of reoccupancy be issued whenever, prior to the sale of any single and
duplex residences in the City of Miami. Basically, what we want to do is, is to check those
residences for violations of zoning ordinance. Mainly, three main issues: encroachment into
required setbacks, illegal units and illegal additions.
` Commissioner Plummer: Isn't this different? I thought that what we passed here, there was
going to be a fee against the seller to protect the buyer that when he bought that place that
everything was in accordance with the South Florida Building Code and there was no setback
violations. The way this, I read it now, unless I'm wrong is, it's going to be charged to the buyer
who reoccupied the property. And I want to tell you just for the record, I have received a lot of
mail and phone calls from the Realtors of this town and I truthfully don't understand why for one
hundred dollars ($100) fee. As I understand it, there will he a fee charge for the purposes of
inspecting the property to make sure that it's all in accord, that it meets the South Florida
Building Code. That there has been no illegal additions where we have to deal with variances
here all the time. It would seem like to me that they would welcome that one hundred dollar
($100) fee to be paid so it doesn't in any way jeopardize... Now, if I'm wrong please correct me.
Mr. Smith: Commissioner, this proposal is part of the plan of the Merrett Stierheim's plan that
was proposed originally to the Commission. Basically, it really doesn't look for violations of the
South Florida Building Codes, it looks only for three types of violations. Illegal units,
encroachments into required setbacks and illegal construction. Only those three violations. It's
patterned after a similar ordinance that's in use in North Miami and in the Village of E1 Portal.
Commissioner Plummer: Carlos, if you find of number three an illegal addition, doesn't that
automatically kick in that it must meet the South Florida Building Codes, because other than that
you can't bless it?
Mr. Smith: In that you're correct. In that addition, that is correct. But we're not looking at the
entire house for those things that were built before the South Florida Building Codes.
Commissioner Plummer: Sir, if I was buying a house in this City and for one hundred dollars
($100) I could be assured that this City has no problem with what I am buying, one hundred
dollars ($100) is a very cheap fee. You pay a title search, you know to have... there's no liens or
anything against the property. I can't for one reason understand why there's an objection to that
one hundred dollars ($100) fee.
Mr. Smith: My understanding. Let me say this, from talking to people in North Miami, the City
of North Miami who have a similar ordinance. Apparently, originally there was also some, you
know, the Realtors were opposed to it. My understanding is, that it's working now fine. The
Realtors work with it. The residents love it. Let me tell you one of the issues.
59 January 16, 1997 !
}
Mr. Edward Marquez (City Manager): We agree. We agree, it's the best.
Commissioner Plummer: To me, it's a benefit. Quit while you are ahead.
Mr. Marquez: We agree with the Commissioner that it is the best.
Commissioner Gort: You know, our main complaint in here has been that a lot of individuals
that come in front of the zoning board or they come here for variances for the reason being, they
bought a property and nobody made them aware that they were not in compliance with City
ordinance. I agree with the ordinance and I agree with J.L., that there's money you can save by
just paying; one hundred dollars ($100).
Commissioner Plummer: When we were on the zoning board, people would come before us and
walk away when we'd say "OK, we'll let you keep what you've got, but you've got to bring; it up
to the South Florida Building Code," they thought they went away a winner. When they found
out what it cost them to bring that illegal addition up to the South Florida Building Code, they
tore it down, it was cheaper. Much, much cheaper.
Commissioner Hernandez: How long does it take to issue a Certificate of Occupancy?
Mr. Smith: A Certificate of Occupancy or the Certificate of Reoccupancy that we're proposing?
We're saying that we would do it within five days after application.
Commissioner Hernandez: Five...
Vice Mayor Regalado: You're going to have an exact hour or time of the day when you're going
to have the inspector there because then you're going to inconvenience the people that are selling
or buying real estate and then, I mean...
Mr. Smith: We anticipate that we will make appointments too.
Mayor Carollo: Yeah, well anticipating and doing, we all know it's not going to happen. What I
think we need to do is, if the City does not do it within the five days, then there will be a waiver
where they can go ahead and make the sale and the City will have to do it afterwards. Because
the one thing that we cannot let happen is, that because for any reason we don't have an
inspector there, that the sale is going to be held up. That will he unjust and unfair.
Mr. Smith: I agree.
Commissioner Hernandez: Not only that, we could probably get stuck with some type of
possible liabilities with interfering with the contract, and all that.
Mr. Smith: No, I agree that we should not delay the sale. I agree with that.
Vice Mayor Regalado: Not only that, if we don't do it in five days, we shouldn't charge
anything. Because...
Commissioner Plummer: Well, you know where the opposition is coming from.
Commissioner Hernandez: Yeah, but...
Commissioner Plummer: OK, because it's going to possibly stop sales of property when the
inspector says, "you're not in compliance" and that's why there's going to be some challenges
made. Because it's going to stop the sale. I mean if the guy says to me "I'm sorry, sir, you're
60 January 16, 1997
not in compliance with City rules and regulations," I'm not going to buy that house until that
matter is cleared up.
Commissioner Hernandez: It could create a mess.
Commissioner Plummer: It's just like having a lien search.
Mr. Manuel Gonzalez-Goenaga: May I make a...
Mayor Carollo: No, not yet, Mr. Goenaga. Any further statements or comments from the
Commission?
Commissioner Plummer: Well, there is nothing here we do, that we can't change if it's not
workable. I'll move item ten.
Mayor Carollo: Is... What is the anticipated revenue that we will derive from this ordinance?
Mr. Smith: We project a thirty thousand ($30,000) for this year.
Mayor Carollo: That's thirty thousand ($30,000) we anticipate on the fees that we will get to be
able to enforce this?
Mr. Smith: Right.
Vice Mayor Regalado: Three hundred sales?
Commissioner Plummer: Thirty thousand dollars ($30,000)...
Mr. Smith: Three hundred. That's what we're anticipating now.
Mayor Carollo: The only question that I would have too, is for the thirty thousand dollars
($30,000) that we will have, if that's going to pay even the salary of one inspector to go out there
and do it? I don't...
Mr. Smith: It is my intention to assign one of the zoning inspectors that I have in the office now
reviewing plans and answering any questions to perform this function.
Commissioner Plummer: Is not the tee one hundred dollars ($100)?
Mayor Carollo: Yeah, but it doesn't seem to me that this is going to pay itself off.
Commissioner Plummer: Well, Joe that's not... Projection to me... Are you saying that you're
looking at them anticipated 300 houses to be sold?
Mr. Smith: We originally had anticipated one hundred thousand dollars ($100,000) because
some of the delays. When we revised the numbers a couple of... a few weeks ago, we lowered
that number to thirty thousand dollars ($30,000).
Commissioner Plummer: There's a lot more than 300 houses and duplexes sold. A hell of a lot
more.
Mr. Smith: But we believe it will be more. But, we project the thirty thousand ($30,000) for this
year.
61
January 16, 1997
Mr. Marquez: Mr. Mayor, this is an example where we were trying to be conservative in our
numbers.
Commissioner Plummer: Oversight are you listening? I've move it, Mr. Mayor.
Mayor Carollo: All right, there is a motion. Is there a second?
Commissioner Gort: Second.
Mayor Carollo: There is a second. Any further discussion?
Commissioner Gort: This is first reading.
Commissioner Plummer: Yeap.
Commissioner Hernandez: Plummer, don't you want to increase the fees?
Commissioner Plummer: No, no. This is to me, this is not a thing for raising revenue even
though it will. I'm hoping with the fee that is proposed, it will break even. I think this gives the
people of the City of Miami some comfort in knowing that if I buy a house that it's not an illegal
structure in any way, shape or form. And as far as I am concerned, let's see how it works out.
As I said before, there is nothing we do here that can't be changed at a later date. If it doesn't
pay it's own way, then we'll have to raise the fee. But I think one hundred dollars ($100) is
reasonable.
Mayor Carollo: All right, no further discussion of the Commission. Mr. Goenaga, two minutes.
Mr. Gonzalez-Goenaga: My position as an individual and a citizen of Miami is that this
ordinance is not needed because it's trying to correct something that has never been done. And I
strongly suggest that instead of writing more ordinances and ordinances that are very hard to
comply, that the person in charge, like Mr. Smith take off his coat and start going every day,
eight to ten, fourteen hours checking every single house in my area only, and you will see.
Instead of being sitting down with a nice, comfortable, a lot of things. I hope I will direct with
names and addresses and specific issues next Thursday. Thank you.
Mayor Carollo: Call the roll please?
62
January 16, 1997
An Ordinance entitled -
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, BY ADDING A NEW SECTION 2-77 TO CHAPTER 2 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY
REQUIRING A CERTIFICATE OF RE -OCCUPANCY PRIOR TO THE SALE OF
ANY SINGLE FAMILY RESIDENTIAL OR TWO-FAMILY RESIDENTIAL
PROPERTY WITHIN THE CITY OF MIAMI; PROVIDING FOR ENFORCEMENT
AND PENALTIES; PROVIDING FOR A REPEALER PROVISION, A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
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.
----------------------------------------------------------------------------------------------------------------
13. FIRST READING ORDINANCE: PROPOSED TO AMEND CHAPTER 22 OF
CODE, "GARBAGE AND TRASH"--; AMEND SECTION 22-1 TO DEFINE
AND OR CLARIFY DEFINITIONS OF "BIOLOGICAL WASTE
"BIOMEDICAL WASTE", AND "CONSTRUCTION AND DEMOLITION
DEBRIS"; -- AMEND SUBSECTION (D) OF SECTION 22-12 TO PROVIDE
FOR NEW FEES -- FURTHER AMEND SECTION 22-18.12(A) TO INCLUDE
DEFINITIONS OF "BIOLOGICAL WASTE", "BIOMEDICAL WASTE", AND
"CONSTRUCTION AND DEMOLITION DEBRIS".
Mayor Carollo: OK, we're item 11. This will be the last item that we do this morning before we
break.
Commissioner Hernandez: Mr. Mayor, I was the sponsor of this ordinance. As you remember
back when we were meeting for the workshops I mentioned bringing up this possible ordinance.
Mayor Carollo: Uh-huh.
Commissioner Hernandez: What we have here, on simple terms. First of all, Solid Waste
Haulers is a private waste industry that deal with biological waste, biomedical waste which used
to be known as bio-hazardous material, were not participating, was my experience and continues
to be that way, were not participating in the franchise fee of the City of Miami. Bio-hazardous
material now is known under Florida Statute as biological waste and biomedical waste. We are
including these two definitions as well as construction and demolition debris to be specifically
63 January 16, 1997
stated in the City code so there will be no mistakes that these haulers that engage in the business
of biological waste pickup, biomedical waste pick up or construction and demolition debris
participate in the 15 percent franchise fee that they're paying the City. Second of all, and this is
a more complicated matter. It is the creation of something that was already in existence in the
code, which is street sweeping fee. Except that we've changed it somewhat. It existed in the...
Mayor Carollo: Well, this one here is the street sweeping fee...
Commissioner Hernandez: Yes.
Mayor Carollo: .. included in this here or is it two different ones?
Commissioner Hernandez: It's the same as chapter 22. It's in the same...
Mayor Carollo: Yeah.
Commissioner Hernandez: What we have basically is, how it existed in the code was that we
had a... We are basing it on linear feet, based it on the frontage of all commercial properties with
the exception of trailer parks, and how it states in the ordinance several different exceptions.
What we have is that we've changed it to a one time fee versus what existed in the past which
created a controversy and really an administrative problem which was... It was, every time the
City cleaned the streets there could be... we would have to actually pass a bill to that commercial
entity. Now, what we have is a one time fee, once a year based on square feet instead of linear
feet. It existed in the code, but like I said we made these changes because number one, it could
be administratively put into place without too much problem and it's something that we are
doing as we speak and we're not collecting fees for it.
Commissioner Plummer: Humberto, a question.
Commissioner Hernandez: Go ahead.
Commissioner Plummer: This when it came up before and was defeated before was over the fact
of condominiums who paid no fee. Does this ordinance as you have drafted or had drafted here
today address that issue of street cleaning, sidewalk cleaning in the condominium areas.
Remembering that under most circumstances, they use private haulers and do not use the City.
So are they going to be assessed a fee and as such, against the condominium? Would it be
against the association or the individuals of the association? That was what was not clear before
and the reason it was defeated. So I'm asking before it gets defeated again, because I'm
supportive of the issue. That, that matter be resolved, that it has been addressed and it has been
clarified and is now ready for presentation.
Commissioner Hernandez: Well, under Section Two of the Code. Under Chapter 22, that I'm
amending. That's what we have here, look at page five of your backup material. Of the
exceptions were trailer parks, apartment buildings with rental apartments, cooperative
apartments and residential condominium units. You're saying that what was defeated back, a
couple of years ago was that condominium units were not part of the...
Commissioner Plummer: Well, you see because it was proposed before that it be under the
garbage tax, OK. And that's where when it came forth before the City Commission, is the fact
that most condominiums did not pay the City a garbage tax in anyway, shape or form because
they use private haulers. Even though we wound up most of the times hauling their trash and
didn't charge them for it. The sidewalk and street cleaning fee was also as a part and parcel of
that which was presented and went down because of it. So I'm asking, do you feel that this as
presented here today, does clarify and delineate necessarily for this passage?
64 January 16, 1997
IM
Commissioner Hernandez: No, not as to that specific point. And we can definitely amend the
ordinance so that we can get into that as I was telling; you. Page five, basically excludes
residential condominium units and apartment buildings with rental apartments. So therefore, in
order to do what you're saying basically I'll have to amend it, change what's been drafted and
amend subsection D, of Section 22.12. That's all.
Commissioner Plummer: Well... If not it will be tested.
Commissioner Hernandez: OK. I have no problem with that. I have no problem with that to
add that to my... to the ordinance I'm proposing.
Mayor Carollo: Do we have an amount within the ordinance that we're including, what we're
going to raise it to?
Commissioner Hernandez: According to Ron Williams, we're looking at approximately, right
now about one point five million dollars ($1,500,000).
Mayor Carollo: Now, you're concerning me.
Commissioner Hernandez: Yeah.
Mayor Carollo: We're going into hefty figures and so on. If I may ask to do the following
Commissioner? It's now twelve noon. If we could bring that back for discussion, we'll take it
up as a first item...
.Commissioner Hernandez: No problem.
Mayor Carollo: .. when we come back at two. And let's go over all the numbers and all the
consequence. We have to weigh the fact of what this is going to bring in. And really you have
two things here. One, I don't see any problems with just bringing in the biological waste and
biomedical waste to pay the 15 percent. My concern is with charging the merchants additional
percentages and I really think that we need to he more careful how we approach the second part
of it. And I think that what you have here, you have both of them combining into one ordinance.
I don't know if you might want to divide it. Instead of having one ordinance maybe having two
different ones...
Commissioner Hernandez: Uh-huh.
Mayor Carollo: ... so we could take them differently or not. But if we could bring it up at two
p.m. when we reconvene.
Commissioner Hernandez: No problem.
Mayor Carollo: Great.
Commissioner Hernandez: All right.
Mayor Carollo: All right.
Commissioner Gort: Mr. Mayor, I agree with you. We have to be very careful because several
districts are not doing that well imposing additional taxes.
Mayor Carollo: Yeah, sure. Exactly. We might be shooting ourselves in the foot instead of
helping. Even though I think that what you're doing is very commendable, we have to go at it
65 January 16, 1997
f
lilac:.
closely and I really would like our finance personnel to go over these numbers. Not that I doubt
your figures, Ron, but I want someone that knows financing to then go over the numbers when
you present them to us this afternoon.
Mr. Ron Williams (Assistant City Manager): That's a number. The one point five ($1,500,000)
is a number that goes back to the time that this was originally proposed. Going back to
Commissioner Plummer's thought, when that amount was before you before you passed it,
discussed it. There were issues from the community that came up, that number was proposed at
that time and I don't believe Commissioner Hernandez was proposing a change in that rate
structure at this point. So, that's really a number that was out there. We'll find out the source of
that detail.
Commissioner Plummer: I just asked... I didn't ask for clarifications.
Mayor Carollo: OK. This Commission will reconvene at two. Thank you.
Commissioner Plummer: Two or two thirty?
Mayor Carollo: Two. Well, you want two thirty, if you want?
Commissioner Plummer: Let's make it two thirty.
Mayor Carollo: All right, two thirty.
Vice Mayor Regalado: Yeah, two thirty will be...
NOTE FOR THE RECORD: Thereupon, the City Commission
went into recess at 12:04 p.m., and reconvened at 2:45 p.m., with
all members of the City Commission found to be present.
NOTE FOR THE RECORD_ Minutes approved.
Mayor Carollo: We're now in the afternoon session of the regularly scheduled commission
meeting. I need a motion and a second for the approval of the Commission meeting of January
9, 1997.
Commissioner Gort: Move it.
Mayor Carollo: There is a motion. Commission meeting of January 9th.
Commissioner Plummer: Oh, the minutes. Oh, OK.
Commissioner Gort: Yeah.
Commissioner Plummer: Second the motion.
Mayor Carollo: I apologize. These are the Planning and Zoning meetings of September 26,
1996. The Budget Workshop of October 1, 1996, and Special meeting of October 7, 1996.
66 January 16, 1997
Commissioner Plummer: Move it.
Mayor Carollo: There is a motion.
Commissioner Gort: Second.
Mayor Carollo: There is a second by Commissioner Gort. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: All right, Commissioner Hernandez you had an item that we were dealing with
when we broke for lunch?
Commissioner Hernandez: It was item 11.
Mayor Carollo: That's correct.
Commissioner Hernandez: The amendment of Chapter 22.
Mayor Carollo: Right.
Commissioner Hernandez: What I would like to do in order to simplify it is, we're going to
expand the base so the definitions of those private haulers that deal with different types of
wastes, like I said biomedical waste...
Mayor Carollo: Uh-huh.
Commissioner Hernandez:. construction demolition debris and biological waste. Leave what's
in existence in this point in time in the code, which is the tees that we were talking about.
Mayor Carollo: Uh-huh.
Commissioner Hernandez: As you noticed in the ordinance, we are leaving blank the dollar
amount that we would charge so we can get into an analysis further on and see what could be
charged, what would be justified and what the whole Commission could live with.
Mayor Carollo: OK. We're talking on the fees for the...
Commissioner Hernandez: Street sweeping.
Mayor Carollo: .. street sweeping.
Commissioner Hernandez: Right.
Mayor Carollo: OK. Let's leave that blank and then let's go over it on second reading. What I j
want to make sure that we do is, that we give ample opportunity for many of the merchants, store
owners to get some input.
Commissioner Hernandez: Yeah.
Mayor Caro1_Io: Because we don't want to get into a situation that the remedy might be worst
than the cure.
Commissioner Hernandez: Let met... That's fine. I think that's the right thing to do and we can
do an analysis and get some input from them and we could all live with it.
67 January 16, 1997
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Mayor Carollo: OK, there's a motion by Commissioner Hernandez.
Commissioner Gort: Let J.L., second it.
Mayor Carollo: J.L., seconds it. Can you...?
Commissioner Plummer: What's the motion.
Mayor Carollo: Call the roll, please?
An Ordinance entitled -
AN ORDINANCE RELATED TO CHAPTER 22 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED: "GARBAGE AND TRASH";
AMENDING SECTION 22-1 TO DEFINE AND OR CLARIFY THE DEFINITIONS
OF "BIOLOGICAL WASTE", "BIOMEDICAL WASTE", AND "CONSTRUCTION
AND DEMOLITION DEBRIS"; FURTHER AMENDING SECTION 22-18.12(a) TO
INCLUDE THE DEFINITIONS OF "BIOLOGICAL WASTE"' 'BIOMEDICAL
WASTE", AND "CONSTRUCTION AND DEMOLITION DEBRIS'; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Hernandez, seconded by Commissioner Plummer, and
was passed on first reading, by title only, by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
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.
----------------------------------------------------------------------------------------------------------------
14. SELECT FIREHOUSE FOUR, LLC, AS SUCCESSFULL PROPOSER FOR
LEASING OF CITY PROPERTY AT 1000 SOUTH MIAMI AVENUE, MIAMI,
FLORIDA -- FOR RESTAURANT USE. -- FURTHER AUTHORIZE/DIRECT
CITY MANAGER TO NEGOTIATE LEASE AGREEMENT WITH SAID
PROPOSER-- DIRECT MANAGER TO PRESENT SAID NEGOTIATED
AGREEMENT TO CITY COMMISSION FOR
REVIEW/CONSIDERATION/APPROVAL PRIOR TO EXECUTION.
Mayor Carollo: We're now in item number 12. Eduardo, go ahead.
Mr. Eduardo Rodriguez (Director, Asset Management): Mr. Mayor, Commissioners, item 12,
Firehouse Four Restaurant. I want to give you a background on this process. This process
68 January 16, 1997
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started in 1995, at the end of 1995, more than one year ago, as a joint participation project with
Patty Allen from DDA (Downtown Development Authority). Together, DDA and the City of
Miami staff, we conducted an analysis of the failures that the City have in the old lease. Because
everybody knows that we have an old lease, and almost nine years alto it was not a productive
lease to the City. We don't want to make that mistake again. We want to take preventive
measures to avoid another failure. And at the same time, this is an anchored project to the
Brickell Village. We want this project to be the actual spark of the development of that project.
The answer to our investigation was very clear. And it was clear since the beginning that we had
to get advise from the private sector. We want to do a commercial lease similar to what
everybody else do. It's a City property. That doesn't mean that we cannot go and do a
professional lease on this facility. Consequently, we actually looked into the private sector with
the help of Patty and we entered in a small contract with Monette Klein O'Grady, that is a
restaurant and retail consultant, to work with us since the inception of the process. In other
words, we've worked... and that's .already almost a year ago that we have that contract. 'That's
starting February, 1996, that contract. This consultant told us how to do the RFP (Request For
Proposal) basically. How to give instruction to the appraiser, that is something very essential
that we learned that is critical, what kind of instructions you give the appraiser? What are you
looking, on that facility? What is the objective? So you communicate that to the appraiser and
that appraiser do that appraisal based on the information that we'd request on that. We learned
that process. So our staff move up in that direction, at the same time we learned how to give
more specific instruction to the appraiser. It was a learning process to rile also. On July 19th,
11, 1996, the City Commission advised the administration to issue an RFP for the leasing,
managing and operation of a restaurant for a term of 15 years with two, five years renewal
options. The RFP was issued on July 25, 1996. Consequently, after that the City Commission
appointed a review selection committee that... I am going to read the members of the committee
into the record. We have Mr. Neil Harrington, that is the Chairman of the Committee. We have
Mr., and was appointed by Mayor Carollo. We have Mr. Diego Calderin by Vice Mayor
Regalado. We have Loretta Cockrum from Commissioner Gort. Clinton Gulley from
Commissioner Plummer and Manuel Alonzo -Poch from Commissioner Hernandez. Five
members of the private sector, four members from the City of Miami: Arleen Weintraub,
Assistant Director of Community and Planning Revitalization; Sarah Eaton, Historical
j Preservation Office and Planner II; Anna Proenza, Assistant to the City Manager and Gregory
Wright, Assistant Auditorium Manager, Coconut Grove. We received three proposals. A year
ago, we had a tremendous interest on this property, with 80 people pulling proposals from Paris
to California. All around the United States. Things changed recently as I explained individually
to all of you when the financial crisis started in Miami. People are really looking the other way
now, investors. We received three proposals. The Guinness Irish Pop, Firehouse Miami and
Firehouse Four. The Guinness Irish Pop was found nonresponsive and consequently
disqualified. I'd like to call your attention to page 74 of the package that you have, if you have it
in front of you. You can see the ranking of the selection committee there. We have nine
members in the selection committee and seven of them ranking number one Firehouse Four.
Two of them ranked number one, Firehouse Miami. Based on that recommendation, the
administration is requesting to you the authorization to negotiate a lease agreement with
Firehouse Four. That is the first ranking company. And to present to you at a later date, maybe
next month, the negotiated agreement for your review, consideration and approval prior to the
execution of the lease. That's what I have to say. You know, if you have a specific questions to
me, to Patty or to the consultant, you know, we're here for that. Thank you very much.
Commissioner Hernandez: Mr. Mayor?
Mayor Carollo: Yes, Commissioner.
Commissioner Hernandez: I'd like two comments. Number one, I want to know if it's still the
Law Department's position. I believe there was an opinion as to the fact that the code only calls
for receipt of three bids and not three responsive bids.
69 January 16, 1997
Ms. Julie Bru: Good afternoon Commissioner, Mr. Mayor. Julie Bru from the City Attorney's
office. Yes, I believe, in fact there has been a formal written legal opinion which interprets
whether or not three bids mean, three responsive bids or just three bids that are not obvious
shams or collusive attempts.
Commissioner Hernandez: And in this case, we've only received two responses, right?
Ms. Bru: We've received three. One was the determined "nonresponsive" and disqualified, yes.
Commissioner Hernandez: I... One of the things I spoke to the Manager about, Mr. Mayor,
before this item was to come up today, is that it has been my experience in the past and in
participating in City Commission meetings that we give the bidders, the participants, an
opportunity to address the full Commission and make presentations before us. I was under the
impression that the City Manager would make a recommendation today without us having the
opportunity to see or to heal- from the other participants. And I asked him if I could request of
him, that we can hear from both participants in this case. I don't know if we have the time
today, but I'd really like to hear from both bidders.
Mayor Carollo: I think it is a good practice, Commissioner, to do that. I find the request very
appropriate. We should try to come to some agreement in a time span because if not, we don't
want to over extend the meeting today. We still have quite a few items to the agenda. But I
think that that's a very appropriate request and it's something that we should make it a standard
procedure. After all, the buck stops up here. We could get the best recommendations that we
possible can from staff, from people in the private sectors but we should always get a second
look ourselves to he convinced of it.
Mr. Rodriguez: OK. Both companies are here today: Do you want to hear from them a short
presentation?
Mayor Carollo: If we could try to limit the presentation to no more than 15 minutes each, if it is
possible. If I could ask both parties if that would be reasonable, for them to do it in, 15 minutes
a piece.
Commissioner Plummer: How about ten?
Mayor Carollo: Excuse me.
Commissioner Plummer: How about ten? Five for questions.
Mayor Carollo: Well, J.L., this is important for the City and for them. And so, let's try to give
them at least 15 minutes and then we'll...
Commissioner Plummer: I think we've all had the opportunity, Joe, to see the proposals and
neither proposal in my estimation offers the City enough. But let's go from there.
Mayor Carollo: If we could begin with one or the other. It doesn't matter.
Mr. Rodriguez: It doesn't matter to me, you know...
Mayor Carollo: We can begin with him. And if you could state your name and address for the
record and...
Mr. Carlos Alamilla: My name is Carlos Alamilla and the address is 3191 Coral Way, Miami,
Florida. My partner Amador Fernandez, and the owner of Malaga Restaurant on Caile Ocho.
70 January 16, 1997
•h, .
Mr. Neil Verdeja: And, Neil Verdeja of Verdeja Marketing Group.
Mr. Alamilla: We are one of the bidders for the Firehouse Four Restaurant.
Mr. Alamilla: We tend to disagree with the recommendation of the committee for the following
reasons. Number one, we have over 28 years of experience in this community, in the restaurant
business. And it has been 28 years of successful experience in the Malaga Restaurant. Before
that Mr. Fernandez used to own the Royal Restaurant in Chicago which was voted the top
restaurant at that time, by the Chicago Tribune. I have been supplying restaurants for the past
ten years, here in the City of Miami and also internationally. Our emphasis and our concept is
going to be in the. entertainment. We feel that in order to bring the locals, as well as the tourists
to this particular place, the Firehouse Four, we need to have night entertainment. We were
willing to spend for the first year, we have in the budget an amount of two hundred and fifteen
thousand dollars ($215,000) for promotions in advertising and we have forty thousand dollars
($40,000) allocated, prior to the opening, to advertise and promote the place. I think... I am
going to allow Mr. Verdeja from the Verdeja Marketing Group just to say a few words on this
item.
Mr. Verdeja: Mayor, Commissioners. There are two key points that we'd like to address. And
one is the fact that in order for this venture to be productive, in other words, in order to bring
people to the restaurant, in order to create revenues and in order for the City to get paid, we need
to promote Firehouse Four for the nostalgic, the history behind the actual entity that is there. But
how are we going to do that competing with all the. many things that we can do here in South
Florida?, and that's the fact why we have ear marked forty thousand dollars ($40,000)
immediately upon signing the lease to start promoting the opening. And two hundred plus
thousand dollars ($200,000) to continue to promote this into the next five years. I don't want the
City to address this as a short term issue. It's more of a long term venture that hopefully in the
long term can return a lot of monies back to the City. Firehouse Four has a lot of history to it.
Personally, it's where I met my wife. And nowadays we need to grab as much history as we
possibly can and anchor that into the ground. So there's a few issues that differentiate the two
groups. One is the short term, one is the long term view and we'd like to request the
Commission to readdress it and look and see which actual group offers a long term solution to
Firehouse Four. Thank you.
Mr. Alamilla: And the other issues that are really important for the Firehouse, the success of the
Firehouse is the investment. We plan to invest four hundred and seventy-five thousand dollars
($475,000) into the Firehouse, including, that includes fixtures, furniture, improvement to the
building, etcetera.
Commissioner Hernandez: How long will it take you to invest that much money?
Mr. Alamilla: We'll invest that within 90 days.
Commissioner Hernandez: Four seventy-five ($475,000)?
Mr. Alamilla: Yes.
Vice Mayor Regalado: With that amount, is it, your advertising included or, that's only for?
Mr. Alamilla: That's only for fixtures, for repair of the building. It needs a new roof.
Vice Mayor Regalado: OK.
71. January 16, 1997
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Commissioner Plummer: Tell me again, which is the two that you represent? What's the name?
Mr. Alamilla: Alamilla and Associates, Firehouse... Miami Firehouse Bar and Grill. We
superseded the minimum criteria that the City established by 11 percent. We're providing the
City on top of the minimum rent, 11% of overall gross sales. From the time we sign the lease all
the way to the determination of the lease. This means that the City within five years will receive
two point five million dollars ($2,500,000) from rent, including percentages. This amount is
three hundred and fifty-six thousand dollars ($356,000) more than the recommended bidder.
Commissioner Plummer: Now, let's both of you speak and let's understand where we're coming
from. The numbers you're using are projections. Not guarantees.
Mr. Alamilla: Well, the guarantees are the rent.
Commissioner Plummer: No, the guarantee is the minimal annual payment that you will make.
Mr. Alamilla: Right, that's the rent.
Commissioner Plummer: OK, that's as far as that. Anything of the gross is strictly projections.
Mr. Alamilla: Right. But I have to live with my projections because, if I don't have the
projections there is no reason for me to get into the deal.
Commissioner Plummer: You have to live with them, we don't.
Mr. Alamilla: OK, but I have to live with them.
Commissioner Plummer: Yeah.
Commissioner Gort: I would like if possible that Firehouse Four make the presentation. Let us
make the presentation and if we have any questions, let's write them down and ask at the end of
the presentation so we can expedite this. If you don't mind.
Commissioner Plummer: I have no problem.
Mr. Alamilla: OK. We have created... The Firehouse will have 400 sitting people as well as we
will have a stage for live entertainment. We plan to open it for breakfast, lunch and dinner and
night entertainment until two o'clock in the morning. We will open it on Sundays, for Sunday
brunch and then the live entertainment will be on Wednesdays, Thursday, Friday and Saturday
nights. We feel that with our experience in the community, we have been very successful in the
restaurant community. We can bring not only the locals to the Firehouse Four, but as well as to
the tourist. Mr. Verdeja already talked to you about already talked to you about our aggressive
public relations and advertising and promotional campaign and it's not only going to be local but
it's going to be international. So when people come into town, they will recognize and they will
know that there is a Firehouse Miami and they will come and patronize the place. We have both
been residents of the City of Miami for over 20 years. Both of us are Cuban Americans and we
are contributing by running and by signing a lease with the City to run the Firehouse for Miami.
We will continue to contribute to the City and to the community like we have been doing for the
past 20 years. Are there any questions from the Commissioners or Mr. Mayor?
Commissioner Hernandez: I thought we were going to allow them, and then we were going to
ask... What?
Commissioner Plummer: I thought we were going to wait 'till the end.
72
January 16, 1997
Commissioner Hernandez: We are going to allow them to give their presentation...
Commissioner Plummer: I don't care, I just...
Commissioner Gort: I think they should...
Commissioner Hernandez: We are going to allow them to give their presentation. Right. The
next bidder and then we'll ask questions and answers.
Commissioner Plummer: Somebody set some rules, and let's play by them.
Commissioner Hernandez: We'll put them on different... We can put them on different
microphones.
Vice Mayor Regalado: Can we have the next...
Commissioner Hernandez: Bidder.
Vice Mayor Regalado: ... bidder please?
Ms. Kim Driscoll: Good afternoon again, gentlemen. My name is Kim Driscoll, I am
representing the Firehouse Four. And I was selected as the successful proposal. I think both of
our viewpoints are subjective, not objective. And if we're going to look at objective viewpoints
we need to look at the office of Asset Management. They have worked extremely hard in
creating a fair effort in deciding upon the most qualified person. And in that, I received 7 votes
out of the 9. That's an objective view, so everything I say, is going to be subjective and
everything Mr. Alamilla said is going to be subjective. Both of us have a passion in our hearts to
see this place survive. And I don't want to take, anything away from Mr. Alamilla but I will
point out to you a few points of interest to the Commission. First of all I would like to say that
upon lease execution, I am ready to sign a check to the City in excess of two hundred and
eighteen thousand dollars ($218,000). This is a form of cash and it is the first three years rent up
1 front, a safety deposit and the last month's rent, at a net present value of seven percent. In
addition to that, I have one point six five million dollars ($1,650,000) to invest into this
restaurant. Five hundred thousand ($500,000) of which will be into leasehold improvements, of
which the City is going to keep regardless of whether I make it or not. Usually the most critical
stage in the new operation... in the operations of a new restaurant, in a start-up business per se,
which mine is, it's the first three years. And, that is one of the main reasons that we've provided
the City with the first three years rent right up front. We feel that confident in our qualifications
that we will succeed. In addition to that, we are putting over five hundred thousand dollars
($500,000) into leasehold improvements. That's excluding all other advertising, marketing,
I commercial, salaries, operating expenses, many additional expenses that I am not going to get
a pointed out and I thank Commissioner Plummer for into. The 11 percent that Mr. Alamill
pointing out that that's just the projected, that's not a definite. That's nothing tangible. But what
we're providing the City with that's tangible, that they can hold in their hands, we're not
guessing, that we're counting on is a check for two hundred and eighteen thousand dollars
I ($218,000). That should dissolve or dissipate any of your questions that you have whether we'll
j succeed or not. You're already ahead of the game. I don't have a fancy marketing promoter in
here today. In fart, I wasn't even prepared to give a speech. And with all due respect, I think
the issue at hand here is giving the go ahead with the office of Asset Management to further
lease negotiations with a successful bidder, which is Firehouse Four. I'd be happy to answer any
questions you have. What I propose to the City is very thick and if you're going to pick through
this, piece by piece, it would take a lot of time and I would like to see this move along as fast as
possible. I think due diligence was done. I think this was a very fair selection process and the
73 January 16, 1997
Office of Asset Management has been working on this project for almost two years. Two years,
they've already lost a few people that were very interested in this property and I don't think that
you should wait any longer on it. Mr. Alamilla is a very prominent man in this community, and
unfortunately he has more years upon me and he knows more people than me. But I don't think
you should base your decision on that. If you've looked at the proposal, you should feel
comfortable selecting me as the other seven selection... as the other members of the selection
committee did. At this point, I am going to close and I'll be happy to answer any questions for
you. Thank you. `
Commissioner Plummer: What experience do you have in the restaurant business?
Ms. Driscoll: I fulfill the minimum requirement of seven years, that the City was looking for.
My family is in the restaurant business.
Commissioner Plummer: Locally?
Ms. Driscoll: No, in New York. I have a degree in Business and Political Science. I have ran
j my own catering outfit which was situated in a country club that seated over 500 people. In
addition to that, I have ran my family's restaurant for a couple of years as manager. I've worked
for the Ritz Carlton as a food and beverage manager in Manolani, the big island of Hawaii. I feel
my background experience is sufficient but my General Manager's is even more elaborate. He
created the Strand. He developed, owned and operated the Strand in South Beach. He has
experience in dealing with the historic site of which this property is. In 1985, it was put upon the
National Historic Registry. And believe me, our intentions are to preserve this building. It's an
incredible opportunity to go into this area and we really want to add to Brickell, not take away. I
want to try and... I would love to work hand in hand with Patty Allen in developing this area as
much as possible. And, I think my intentions and my interest are in the same state of mind that
you as a Commission's minds I hope. I hope.
Commissioner Plummer: If you were awarded the bid, how long do you feel it would be before
you would open the door in a grand opening?
Ms. Driscoll: Realistically?
Commissioner Plummer: What I am saying is, doing the work and everything like that. When I
say cutting the ribbon, I mean open for business.
Ms. Driscoll: Upon lease executions, what I am intending to do is get a crew in there, a
construction crew that's working day and night. I want to get this place open and operating as
soon as possible. The quicker the better. Hopefully within two to three months.
Commissioner Plummer: OK, so 90 days?
Ms. Driscoll: Approximately, plus or minus. Please don't hold me to that, I would rather see it
j open as soon as possible.
Commissioner Plummer: I'd like to ask the same question... I think if we had you both at the
microphones we can ask...
Commissioner Hernandez: Yes, that what...
Mr. Alamilla: In the proposal, in the initial proposal, we stated within 90 days we can open it.
E
Commissioner Plummer: Within 90 days?
74 January 16, 1997
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Mr. Alamilla: No doubt.
Commissioner Plummer: And I... So you know, I don't have to ask the question of Malaga, I
have gone there for years. So I don't have to ask them how long they've been in the business. I
don't know about this man but I know that man, OK.
Mr. Alamilla: No, within 90 days we feel we can open it. Because of the nature of our
experience.
Commissioner Plummer: Are you involved in an upfront payment as they are?
Mr. Alamilla: No, we're not. We're willing to provide the City with a three year performance
bond.
Commissioner Plummer: But no up front money?
Mr. Alamilla: No up front money.
Commissioner Plummer: OK. Go ahead, I've got another question but it's the bottom line.
I
I Vice Mayor Regalado: Why not the up front money?
Mr. Alamilla: Well, because of the fact that we're giving the City a performance bond
guaranteeing basically the same thing that she is guaranteeing, which is rent for three years. We
feel that by investing into the restaurant four hundred and seventy-five thousand dollars
($475,000), that's a guarantee in itself. Because all the improvements and fixtures are an
investment we are going to do into the restaurant, you get to keep. Irregardless of whether I am
successful or not.
Commissioner Hernandez: What's the difference in the base rent between the two groups?
Mr. Alamilla: There is no difference in the base rent. The base rent is the same. The two
hundred and twelve thousand dollars ($212,000) that she's giving you is the same...
Ms. Driscoll: Two hundred and eighteen ($218,000).
Mr. Alamilla: I am sorry, two hundred and eighteen thousand dollars ($21.8,000) that she is
giving you is the same amount of rent that I have to pay.
Ms. Driscoll: If I may interrupt? If you're going to ask a direct question like that, I would prefer
that the City answer that...
Mr. Rodriguez: I need to say something for the record here. That both proposers here are
adding additional information here, that was not part of the response. One of them is the
performance bond. Your timetable for construction is seven months, six months. And they're
working under pressure here. This was not the perview of the selection committee, and this is
changing the parameters. This is not the right way to do this. We should stick with the original
proposal that nine members of the selection committee evaluated.
Commissioner Plummer: No, no. Eduardo, I disagree with you. As a Commissioner who has to
vote, I have the right to ask any questions I want.
j Mr. Rodriguez: Yes, sir.
i
75 January 16, 1997
Commissioner Plummer: In the parameters or out of the parameters.
Mr. Rodriguez: Well, they're changing the parameters sir.
Commissioner Plummer: No, no. If they want to sell me that they're going to pay me three
years up front in cash, that's music to my ears, OK? I want to tell you that. Now, if that's
outside of your parameters, so be it.
Ms. Driscoll: You can fund the Haitian project with that.
Commissioner Plummer: Excuse me. I don't need any editorials that's going to kill you, and
you're trying to do it. You'll learn when you're ahead, you don't speak. You know, I'm. I
asked Eduardo what is the value of the property and the answer was approximately one million
dollars ($1,000,000). Now, any good investment today, is going to have an annual minimum
guarantee rent of ten percent. And as far as I am concerned my statement from the beginning,
the minimum annual guarantee that I am looking; for is one hundred thousand dollars ($100,000).
And I don't know that I want to talk about an escalation in the gross each year. I would like to
see it at... If it's going to be at six percent or seven percent of two million ($2,000,000), it's that
throughout the 15 year period with a readjustment after the 15 year period. I think anything less
than a ten percent return on our money is not fair to the City. And that's my opinion, that's my
vote, OK? So, what I am looking for and this is outside your parameters again. I am looking for
one hundred thousand ($100,000) annual minimum guarantee.
Mayor Carollo: Are you going to keep that philosophy across the board, Commissioner?
-Commissioner Plummer: Sir, if you'd been around for a long time you'd know that is my
philosophy, and it will continue to be my philosophy.
Mayor Carollo: Well, I am glad I finally have reconfirmed that.
Commissioner Plummer: Yes, sir. You will be glad to find that.
Mayor Carollo: I am going to need your 100 percent support in that philosophy with the
Maritime Park extension.
Commissioner Plummer: Absolutely.
Mayor Carollo: Because somehow they have...
Commissioner Plummer: Well, you know, we only have one problem. You and I are members
of the Maritime board that has never been called; has no meetings, and has really nothing to do
at this point.
Mayor Carollo: Well, I am not worrying about that. I am worrying about getting the right
amount of money for the City.
Commissioner Plummer: Joe, I will out negotiate with, all day long and I guarantee you my
demands will be higher. But that's beside the point. I am saying where I am coming from, OK?
I'm one who never deals from the net. Net figures can be played with. I deal from gross. That's
difficult especially when IRS is looking over your shoulder. So as far as I am concerned, I am
looking to say one hundred thousand ($100,000) minimum annual guarantee. Six percent of
anything above two million dollars ($2,000,0000), for the 15 years. That's where I am coming
from and I think we... have we established, Mr. City Manager, that there'll never be another
76 January 16, 1997
J
lease signed in the City of Miami that we don't have at least six months in advance? We spoke
about that. Now did we pass it officially?
Mr. Rodriguez: That's part of the procedure.
Commissioner Plummer: OK, I am talking about any lease that we do. I am tired of us having
to run after people when they're sticking us and if they don't make their payments in advance,
like they need to do, let's get rid of them before the six months, if the payment is over and get
them out. That's one vote.
Mayor Carollo: I like the new J. L. Plummer.
Commissioner Plummer: Yes, this is the new one...
Mr. A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, certainly as I have stated before. It is
a Commission's prerogative to take whatever action that it wants to take. But I just want to
remind you that before this proposal went out, it came before this Commission. You asked the
various questions relative to percentages that were going to be returned. Based on that, you
directed the Manager to bring the successful bidder back here and to negotiate with that
particular person. I, for one, clearly understand and you are going to do what you do because it
is your prerogative to do so. But, I have to caution you that what you have and, of course, both
of these individuals can sit here and make any oral representations that they want to, that are
different from the proposal. I just have to caution you. I don't know, I think there were only
three proposals or whatever else. But you always run the danger when you start changing the
rules of the game as it were, that you're going to he subject to challenge. So, I only caution you
in that regard and of course if these particular individuals at this point, want to make
=- amendments that they're going to be binding upon them. Because I wouldn't want them to later
come back and say, "well, yeah, I made oral representations to this Commission, notwithstanding
that my formal response to your formal proposal is what I live by and that's what I stand by."
So, I just want to caution you to be wary of that as you make your deliberations. In doing so,
you should also be guided by the fact that there is really only three positions you can take.
Whether you do it today, or whether you do it sometime in the future. You know, either one,
you approve the selection of the committee that you delegated the authority to rank and make the
recommendation to you. Either approve it one. Two, you disapprove it. Or three, you throw out
both of these proposals and you start all over again. You cannot substitute your judgment for
that of the selection committee. In fact, there is nothing in the process as taken place here that
allow you to do so. And for you to do so, would he arbitrary and capricious and you further
subject yourself to challenge. So, I feel as your counsel, I have to keep you on the straight and
narrow and if you decide to deviate beyond that, then so be it. If I have to defend you, I'll
defend you. But at least I want you to have everything up front as you make your decision.
Commissioner Plummer: And creating...
Vice Mayor Regalado: As your...
Commissioner Plummer: And creating more work for himself.
Vice Mayor Regalado: No, no. As our counsel, is it different now that we're in a state of fiscal
emergency, than if we were in a normal situation?
Mr. Jones: Commissioner I think, excuse me...
Commissioner Plummer: ... by the Oversight Committee.
77 January 16, 1997
Mr. Jones: I think perhaps you've asked me the obvious. Yes, the obvious is that perhaps when
this proposal, a request for proposal was sent out, is that we were not in the middle of a financial
crisis as it were. Notwithstanding that fact, if that's the case, and the circumstances are different,
certainly you will have people that may want to come forth now, who may very well want to
offer the City a better deal. But I don't know, you don't know, whatever. Because I have over
the years continually advised this Commission that once you set forth what those parameters are,
which Mr. Rodriguez was referring to and you select, and you've comprised a selection
committee to go through and make evaluations, you know, you cannot change the rules of the
game after the fact. Now again, I state to you if both of these proposals and, perhaps, even
including - I don't know - the non -responsive proposer, wants to make representations to you
that are more favorable to the Commission, certainly they can do it, if they are going to be bound
by it. But I just caution you that you really, you really open things up when you do it this way.
Commissioner Hernandez: Mr. Jones...
Commissioner Plummer: Mr. City Attorney, if I may?
Commissioner Hernandez: Go, ahead. Go ahead.
Commissioner Plummer: To me an RFP (Request For Proposals) sets minimum parameters.
Minimum. It doesn't mean that we cannot negotiate a higher than what has been proffered. I
would say that it's the minimum... you can't go below minimum. That I understand.
Ms. Julie Bru (Assistant City Attorney): May I say something?
Mr. Jones: Yeah.
',Ms. Bru: Commissioner, if I may? I don't -think that's the issue, and you're correct, we can
negotiate higher. The question is when, and with whom?
Commissioner Plummer: With us.
Ms. Bru: Excuse me, let me finish Commissioner. The process that we... the way we solicited
these proposals was, that there was going to be a selection committee and you the City
Commission delegated to that selection committee, the authority to rank them. The selection
committee deliberated, they looked at the proposals, one of which was this thick and they ranked
the two proposals. Now, according to what we advertised and promised the world out there of
bidders, whoever got ranked number one gets to negotiate with the City.
Commissioner Plummer: Negotiate.
Ms. Bru: Negotiate.
Commissioner Plummer: I have no problem with that.
Ms. Bru: During those negotiations, of course, we can ask for more. They can offer more, that's
when that comes in. The question is that you can't now say, please negotiate with number two
as opposed to number one.
Mayor Carollo: But Julie, what you're telling us is the way it has always been. Whoever is
ranked one, whoever we choose, we then sit down and negotiate it with them. What's been put
out in the RFP is the bottom line basis to begin those negotiations. So...
Ms. Bru: Correct, correct Mr. Mayor.
78 January 16, 1997
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Mayor Carollo: Yeah, I am glad you've cut this short and to the point.
Ms. Bru: Right, right. And then if they...
Commissioner Plummer: If we made...
Ms. Bru: I am sorry.
Commissioner Plummer: If we made any mistake, which I don't think we did, is that we were
bound by a ranking. I don't remember, you know, they can rank but we're not bound by it.
Mr. Jones: Yes, you are.
Ms. Bru: At this time, you are Commissioner. What happens is, once the negotiators negotiate a
lease and they bring it back to you, at that time if you feel that that lease is not what you want to
approve, you can reject that lease. And then they can get to negotiate with number two.
Commissioner Plummer: OK, go ahead. I can...
Mr. Alamilla: I really don't... I disagree. I think, I don't think the City Commission is bound
you know, with the committee's recommendations. I think it...
Ms. Bru: It's very clearly set forth on page 24 of the RFP which you issued. Very clearly.
Mr. Alamilla: Can you read it please?
Ms. Bru: Yes, I will. Page 24 of the RFP issued by the City of Miami on July 25, 1996 states:
"The City Manager shall submit recommendations as to the award of the lease agreement to the
City Commission which may reject the proposed lease agreement. Or if the City Commission
determines that it is in the best interest of the City to enter into the proposed lease agreement,
then subject to compliance with the provisions of Section 29b of the City Charter, the City
Commission may approve the proposed lease agreement."
Commissioner Plummer: Where does it say
Vice Mayor Regalado: But we can also send it back to the committee.
Ms. Bru: You can send it back to the Manager to negotiate with whoever is ranked number two.
Vice Mayor Regalado: No, I don't think so. We can either reject it, approve it or sent it back to
the selection committee.
Ms. Bru: At this time?
Vice Mayor Regalado: Yes.
Ms. Bru: No, I'm... That is a process that we have, it's under 29d or 29c that deals with unified
development projects. This is not a unified development project and the process is such that
there was a selection committee and they ranked. Whoever is the one ranked, one automatically
gets to negotiate with the Manager. They are entitled to negotiate with the Manager unless you
at this time believe that it's in the best interest of the City to terminate this solicitation now, and
start all over again.
79 January 16, 1997
Mayor Carollo: I don't think that's going to be in the best interest of the City because we need
to move this City forward. We need to bring dollars in. I will be willing, unless the Commission
would like to discuss this further, to make a motion.
Mr. Alamilla: I would like to make, Mr. Mayor?
Commissioner Plummer: Well, may I ask for information?
Mayor Carollo: Yes, sir.
Commissioner Plummer: Just to make sure I understand where you're coming from. We will...
We're bound according to you to deal with the number one ranked company. We are not
prohibited, we the Commission, are not prohibited to negotiate with them. Is that a correct
statement?
Ms. Bru: The City Manager negotiates with whomever is ranked number one.
Commissioner Plummer: No way. My motion is to throw them all out.
i
Ms. Bru: Commissioner Plummer, if I may. You approved this RFP...
I
Commissioner Plummer: Then I...
Ms. Bru: ... and I think I should have read another paragraph. And if I may...
Commissioner Plummer: Sure.
Ms. Bru: ... perhaps it will refresh your recollection of what you approved? Page 24, of the
RFP: "The City Manager or his designee will undertake negotiations with the proposer whose
proposal has received the highest ranking for purposes of entering into a lease agreement for the
use, management and operation of the property." It is a... that's the way the process was
approved.
Commissioner Hernandez: So, what if we instruct the Manager to appoint us as the designee to
negotiate? Can we do that? Mr. Manager?
Mr. Jones: No.
Ms. Bru: Commissioner, Commissioner. It says the City Manager. If this process is not
acceptable to you, you shouldn't have voted on it on July 25th.
Commissioner Hernandez: I wasn't here. I wasn't here. I was even able to appoint someone to
the committee which...
Commissioner Plummer: Mea Culpa, Mea Culpa...
i
j Commissioner Hernandez: My question is...
Ms. Bru: You know if...
Commissioner Hernandez: ... can we appoint? Can we ask the Manager to appoint the board as
the designee of this...
Mr. Jones: No.
80 January 16, 1997
�4
Ms. Bru: Commissioner, if at this point this process in your opinion is not in the best interest of
the City, as I said before, you can scratch it and commence all over again. But it would be
highly unfair and, in my opinion, probably violative of the due process, if you change the rules
of the game after they've been in compliance with all the requirements in competing and
expending money.
Mayor Carollo: Mr... If we can, I'm giving the gavel to the Vice Mayor. I'm going to make a
motion that we accept the recommendation and send it to the Manager for further negotiations,.
Commissioner Plummer: Does that mean we'll still have.a bite at the apple?
Commissioner Gort: I'll second for discussion purposes.
Mayor Carollo: OK, second for discussion purposes.
Mr. Alamilla: May I ask a question?
Vice Mayor Regalado: OK.
' Commissioner Plummer: No, I still have priority I think. Does that mean the Manager must
bring it back to us for approval?
Commissioner Gort: Of course. We've got to approve...
Mayor Carollo: Of course. Whatever final negotiation he comes to with them, he's got to bring
it back to this Commission for approval.
Commissioner Plummer: Well, if I'm not mistaken...
Ms. Bru: Of course.
Mayor Carollo: Obviously, he's heard your opinions, mines, others and he'll take that into
consideration.
Commissioner Plummer: OK, if I'm not mistaken, I don't think we have any choice. From what
I am understanding from the Law Department, we have got to either deal with the number one
ranked, and send it to the Manager or throw 'em out.
Mr. Alamilla: Well, can I make a comment please?
i
Mr. Rodriguez: Can I say something?
Commissioner Plummer: No, I'd like an answer. Am I right or am I wrong?
Mr. AlamiIla: I...
Vice Mayor Regalado: Wait a second. Wait a second.
Ms. Bru: 'You're correct.
Commissioner Plummer: So, it's not a choice here of us wanting to pick one company or the
other. We've got. We are bound, we have bound ourselves to deal with the number one ranked,
which is this one.
81 January 16, 1997
Mayor Carollo: That is what Julie said about 15 minutes ago.
Mr. Alamilla: Mr. Mayor.
Vice Mayor Regalado: One second.
Commissioner Plummer: Joe, let me tell you something. I'll never vote for that kind of RFP
again.
Commissioner Gort: Excuse me, J.L. For discussion purposes, I want, one question. One I want
to ask the City staff to let me know if part of the selection criteria was the economic benefits of
the City of Miami?
Mr. Rodriguez: Absolutely, sir.
Commissioner Gort: Number two. I think we have to understand that we're going to set up the
structure, we are going to set up the committee.
Commissioner Gort: We either follow instructions, follow our own instructions, or if not do
away with them, but let's make a decision right here, that's what we want. Because one of the
reasons I think we named this procedure was to try to get the politics out of it. And we did hire
the private sector, for the private sector to come in and try to make a decision according to
what's best for the City of Miami. And have told both individuals, this guy that is here is going
to take the decision, whatever project will bring the greatest benefit to the City.
Mayor Carollo: - You're right on target Commissioner. And that's exactly what we did it for...
Commissioner Plummer: I don't even know why it's here.
Mayor Carollo: ... now, you know it will be the Manager's turn to try to get more in the
negotiations. But, the final decision will be up to us when he brings it back. But the key I think
that you said there, that what we tried to do and what we must do here, in every other project, is
get the politics out of it. We need to start getting projects approved. We can't be sitting on
projects for months and months and years. We've got to get them out, get them approved and
start bringing new revenue, recurring revenue for the City.
Commissioner Plummer: Mr. Mayor, in voting for this I would like to further let the City
Manager know my thoughts, all right? I want the first three years, or the first years at least if
possible, three years, which they've agreed to. We are looking at a percentage of gross and I've
given you my numbers, one hundred thousand ($100,000) minimum annual. And I'll go with the
six percent of two million ($2,000,000) for the first 1.5 years. On the two, five year options
they're to be renegotiated. On transfer rights, any transfer of more than five percent of stock
must be approved by the City Commission. If in fact they sell their rights, the City has the right
to, at least, a percentage which you can come up with. I think 25 percent is fair. And I would
like on, whichever one you deal with, I want a full list of all corporative officers, their financial
background as well as criminal background check be done before you bring it back here.
Commissioner Gort: Their financial statement...
Commissioner Plummer: I am sorry.
Commissioner Gort: Their financial statement.
82 January 16, 1997
Commissioner Plummer: That's what I said.
Vice Mayor Regalado: There is a motion by the Mayor.
Mr. Alamilla: No, before the... Well, before the City Commission takes a vote, basically, you
know, I just want to talk about the different concepts. But I think right now, you know, the... it's
really... the issue is irrelevant. I mean, you know, the City Commission and the Mayor really did
not make a decision today. The decision was made by the selection committee during the last
meeting. They were the ones who had the final word. Coming over here today was just, you
know, a motion play.
Commissioner Plummer: No, we did have a final word. And that final word...
Mr. Alamilla: You may have had a final word but you bound yourself to the fact that the
selection committee had the final word. So we're going back to the selection committee.
Commissioner Plummer: Would you like to... You're finished?
Mr. Alamilla: Yes.
Commissioner Plummer: We did have a final word. We could throw them all out.
Mr. Alamilla: Or you can do that too. I mean, I'm...
Commissioner Plummer: That's the only final word we had. Other than that...
.Mayor Carollo: No, no, no Commissioner. Once. the Manager comes back, if we're not in
agreement with the final package that he comes back with, then, we can take the next step.
Commissioner Plummer: We can throw them all out today.
Mr. Jones: Yes, that would give them...
Ms. Bru: You can.
Commissioner Plummer: Sure. No, Joe we could have thrown them all out today.
Mayor Carollo: Yes, today. Yeah, that we could have done.
Commissioner Plummer: And start all over.
Mayor Carollo: Yes, that...
Commissioner Plummer: That's the only final word we had.
Mayor Carollo: Well, that's today, but, we have a final word once the Manager comes back.
That's when we can start again in deciding what we can do. I would imagine then, we then have
the final word again of throwing it all out or...
Mr. Alamilla: Why don't we...
Mayor Carollo: ... maybe we could even then go to the next one, after that process is done.
d
Commissioner Plummer: The only reason it's here today, is for us to decide if we wanted to
throw it out. Other than that, we're bound to turn number one over rank. That's it, period,
Amen.
Mr. Alamilla: That's right. The City Commission has really not decided that today. I think
what we should do is. What I might suggest is both of us make a formal presentation and you
on one day decide yes, or no, instead of... But, what you're doing right now is, you're following
the recommendation of the committee, the selection committee. Basically, that is all you're
doing. You're not really evaluating any proposals. You're not giving it any weight. Basically,
what you're doing is, you have no choice because you bound yourself at the time of the RFP,
you know, to...
Vice Mayor Regalado: Mr. Manager?
Ms. Bru: The choice was exercised on July 25th, when you approved the content of this
solicitation proposal.
Vice Mayor Regalado: There is a motion by the Mayor.
Commissioner Plummer: I only ask but one question. Mr. Mayor, would you set a deadline as
to when it has to come back by?
Mayor Carollo: What is a reasonable amount of time, Mr. Manager, that you feel that you would
need to negotiate in good faith?
Mr. Edward Marquez (City Manager): Sixty days, sir.
--NVl;ayor Carollo: Sixty days. Can we try to cut that to 45 hopefully, OK?
Mr. Rodriguez: Yes, sir.
Mr. Marquez: We will go as fast as we can.
Mayor Carollo: Hopefully, it could be done before that but no more than 45 days.
Mr. Marquez: OK.
Vice Mayor Regalado: OK. There is motion by the Mayor. Second.
Mayor Carollo: By Commissioner Gort.
Vice Mayor Regalado: Second by Commissioner Gort. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No, nays. Thank you.
84
January 16, 1997
I
The following resolution was introduced by Mayor Carollo, who moved its adoption:
RESOLUTION NO. 97-13
A RESOLUTION SELECTING FIREHOUSE FOUR, LLC, AS THE SUCCESSFUL
PROPOSER FOR THE LEASING OF CERTAIN CITY -OWNED PROPERTY
LOCATED AT 1000 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, FOR
RESTAURANT USE; AUTHORIZING AND DIRECTING THE CITY MANAGER TO
NEGOTIATE A LEASE AGREEMENT WITH SAID PROPOSER; DIRECTING THE
CITY MANAGER TO PRESENT SAID NEGOTIATED AGREEMENT TO THE CITY
{ COMMISSION FOR ITS REVIEW, CONSIDERATION AND APPROVAL PRIOR TO
EXECUTION; FURTHER PROVIDING THAT THE HEREIN SELECTION OF
FIREHOUSE FOUR, LLC, DOES NOT CONFER ANY CONTRACTUAL RIGHTS
UPON SAID PROPOSER UNLESS AND UNTIL THE PROPOSED LEASE
AGREEMENT HAS BEEN EXECUTED.
(Here follows body of resolution, emitted 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 fallowing vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
i
ABSENT: None.
i
----------------------------------------------------------------------------------------------------------------
15. AUTHORIZE AGREEMENT WITH ALLAPATTAH-WYNWOOD
DEVELOPMENT CORPORATION ("CORPORATION") -- FOR (1) UTILIZE
CERTAIN PARKING FACILITY LOCATED UPON CITY PROPERTY FOR
ACCESS; (2) CONSTRUCTNAINTAIN/USE ROOF -LIKE STRUCTURE
BETWEEN AN EXISTING BUILDING LOCATED ON CITY PROPERTY
AND CERTAIN ABUTTING PROPERTY FOR CHILD CARE FACILITY.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: We're back to item 13.
i
Commissioner Plummer: Move it.
Mayor Carollo: Moved by Commissioner Plummer.
Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gort. All in favor signify by saying "aye." j
85 January 16, 1997
L ..
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-14
A RESOLUTION WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH ALLAPATTAH- WYN WOOD DEVELOPMENT CORPORATION
("CORPORATION"), TO PERMIT SAID CORPORATION TO: (1) UTILIZE
CERTAIN PARKING FACILITY LOCATED UPON CITY -OWNED PROPERTY FOR
ACCESS; (2) CONSTRUCT, MAINTAIN AND USE A ROOF -LIKE STRUCTURE
BETWEEN AN EXISTING BUILDING LOCATED ON CITY -OWNED PROPERTY
AND CERTAIN ABUTTING PROPERTY FOR USE AS A CHILD CARE FACILITY;
AND (3) SUBJECT TO TERMS AND CONDITIONS AS MORE PARTICULARLY
SET FORTH IN SAID AGREEMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
16. AMEND SECTION 2 OF 96-374, ALLOCATING $25,836 TO ALLAPATTAH
COMMUNITY ACTION INC., -- FOR SOCIAL SERVICES TO ELDERLY IN
THE ALLAPATTAH TARGET AREA-- CHANGE FUNDING SOURCE TO
URBAN DEVELOPMENT ACTION GRANT (UDAG), ACCOUNT 450223-
110041.
Mayor Carollo: OK, 14.
Commissioner Hernandez: Second.
Commissioner Plummer: Second.
Mayor Carollo: Item 14, moved by Commissioner Plummer.
Commissioner Plummer: Right.
i Mayor Carollo: Second by Commissioner Hernandez. All in favor, signify by saying "aye."
86 January 16, 1997
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-15
A RESOLUTION AMENDING SECTION 2 of resolution no. 96-374, ADOPTED MAY
23, 1996, ALLOCATING $25,836 TO THE. ALLAPATTAH COMMUNITY ACTION,
INC., FOR THE PURPOSE OF PROVIDING SOCIAL SERVICES TO THE ELDERLY
IN THE ALLAPATTAH TARGET AREA, BY CHANGING THE FUNDING SOURCE
FROM THE SPECIAL PROGRAMS AND ACCOUNTS: CONTINGENCY FUND, TO
THE URBAN DEVELOPMENT ACTION GRANT (UDAG), ACCOUNT NO. 450223-
110041.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
-Mayor Joe Carollo
NAYS: None,
ABSENT: None.
------------------------------------------------------ ---------------------------------------------------------
17. DECLARE CITY COMMISSION INTENT TO USE LEGAL J PRUDENT
MEANS TO AGRESSIVLEY PURSUE COLLECTION OF OUTSTANDING
MEDICAL TRANSPORTATION FEES FROM OWING PARTIES;
INCLUDING CITY RESIDENTS -- MAYOR CAROLLO INSTRUCTS
ADMINISTRATION TO SURVEY PRIVATE SOURCES TO DETERMINE
COMPETITIVENESS OF COST.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Move 17.
Mayor Carollo: Fifteen and sixteen have been withdrawn.
Commissioner Hernandez: Second on 17.
Mayor Carollo: OK, there's a motion. There's a second on 17.
Commissioner Plummer: Are you going... May I ask how you're going to pursue this, through a
collection agency, through lawyers?
Fire Chief Gimenez: We are, right now the City is in negotiations with Dade County to handle
all our outstanding collections.
87 January 16, 1997
k
Commissioner Plummer: Dade County, Florida? The Home Rule?
Mayor Carollo: Well...
Fire Chief Gimenez: Metro Dade. Metro Dade County. They have a collection branch at Metro
Dade and the City is in negotiations with them to...
Vice Mayor Regalado: What is the percentages of collection that Metro...
Fire Chief Gimenez: Right now our collection rate is about forty...
Vice Mayor Regalado: No, I mean Metro.
Fire Chief Gimenez: I'm not sure. That negotiation is being handled through the Department of
Internal Audits at this time.
Mayor Carollo: OK, well, I would suggest that beside whatever information you're trying to
derive from Dade County, that we also go to some private sources that have ample experience
across the country in doing this kind of work so that we can compare apples to apples, oranges to
oranges. I don't want to be bound strictly in going to Dade County, if they indeed could do a
better job, than the private sector, then that's one thing. But I want to compare whatever they
have to offer to us to other companies who would do this kind of thing throughout major cities in
the country.
Fire Chief Gimenez: Yes, sir.
Commissioner Plummer: I don't know why we're not going to a private company.
Mayor Carollo: Well, this is what I said, J.L., basically.
i
Commissioner Plummer: I don't... You know, I don't...
Mayor Carollo: Well, but you know, they got the message.
Mr. Edward Marquez (City Manager): We'll have a comparison to bring back before you.
Commissioner Plummer: Well, the reason I'm asking is. We've used a collection agency in the
past.
Fire Chief Gimenez: No, we used a billing agency.
Commissioner Plummer: Well, billing agent. And they've done very good for us, but that was...
Mayor Carollo: I called the question. We've got a motion...
Commissioner Plummer: Do it.
Mayor Carollo: .. a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: This is just declaring intent, anyway.
January 16, 1997
Commissioner Plummer: Yeah.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-16
A RESOLUTION DECLARING THE INTENT OF THE MIAMI CITY COMMISSION
TO USE ALL LEGAL AND PRUDENT MEANS TO AGGRESSIVELY PURSUE THE
COLLECTION OF ALL OUTSTANDING MEDICAL TRANSPORTATION FEES
FROM OWNING PARTIES, INCLUDING CITY OF MIAMI RESIDENTS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
18. AUTHORIZE SETTLEMENT; ARLENE S. REES ($50,000), CASE 95-
02924CA13.
----------------------------------------------------------------------------------------------------------------
j Mayor Carollo: Eighteen has been withdrawn. Nineteen.
i
Mr. A. Quinn Jones (City Attorney): Nineteen is a proposed settlement for fifty thousand dollars
($50,000). This is to the Estate of Arlene Rees. Pedestrian was hit crossing the street by one of
our police cars. Eye witness testimony collaborates the fact that our officer was at fault. I think
it's an extremely good settlement and in the best interest of the City of Miami. I recommend
approval.
Commissioner Plummer: Item 19.
Mayor Carollo: And again, this is another one of those that none of us want to give monies out
But, my understanding that...
Commissioner Plummer: Who is Arlene Rees?
Mr. Jones: She is the personal representative of the estate.
Commissioner Plummer: L she an attorney?
Mr. Jones: No.
89
January 16, 1997
Commissioner Plummer: How is she related to the deceased?
Mr. Jones: I believe it's his sister.
Commissioner Plummer: OIL. Hey, you know, nobody likes it but what is our choice?
Mayor Carollo: No, we've got no choice.
Commissioner Plummer: We've got to pay it. I move it.
Mayor Carollo: Moved by Commissioner Plummer.
Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Hernandez. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: Mr. Goenaga.
Mr. Manuel Gonzalez-Goenaga: Yes, I come again, again and again. I have been doing it in
writing since August the 24th 1995, to every single department that has to do with these things
and I have not gotten an answer. My letter of August the 24th of 1995, for heavens sakes, have
somebody to answer it to me. And that's since 1995, I have the stamp from all the
Commissioners, the previous Commissioners. One who is under the ground. From the lawyer,
from, not from you. Although I might have drop it to all Commissioners, the new
Commissioners and I'm still in the air, more than two years ago. I think that... I wonder if there
is somebody like in a brokerage house or in the securities business that is in charge of disclosure.
That somebody, can I address, can I be addressed here, Mr. Manager, to address a specific
person that will give me legal disclosures that I'm entitled to? I just want one answer for
heavens sakes.
Mr. Jones: Mr. Goenaga, you contacted and you spoke with my secretary some months ago.
She offered the format of the request that you made I am not obligated...
Mr. Goenaga: A very detailed one.
Mr. Jones: Wait a minute. I could not provide that information to you. What I offered to
provide to you was a list, a litigation tracking system which gives you a synopsis of every case
that has been filed by the City. If there are specific files that you want to look at and copy, you
certainly, you're welcome to come to my office or Risk Management and you can inspect and
copy anything that you want.
Mr. Goenaga: So, I have to deal with your office and the Risk Management office. Because you
see... Look, I have been doing this. Of course, I was doing this with the Emperor's office before
and it was good for nothing. Actually, I was fired and I was thrown out of that office many
times and somebody... by some secretaries. And I have everything in paper, from the criminal
records. So, it's fifty thousand dollars ($50,000). How much did we give Mr. Odio, he's a death
and we gave Mr. Odio less than, more than that for vacation time. Good heavens, continue this
way, babies.
Commissioner Plummer: What the hell was that noise?
90 January 16, 1997
Vice Mayor Regalado: The phone.
Commissioner Plummer: The phone?
Vice Mayor Regalado: Answering a phone....
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-17
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
ARLENE S. REES, IN HER INDIVIDUAL CAPACITY AND AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF DAVID I. REES, JR., DECEASED,
WITHOUT ADMISSION OF LIABILITY, THE SUM OF $50,000.00 IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, IN THE CIRCUIT COURT OF DADE COUNTY,
CASE NO. 95-02924 CA 13, UPON THE EXECUTION OF A GENERAL RELEASE
RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS AND
DEMANDS; ALLOCATING FUNDS THEREFOR FROM THE SELF-INSURANCE
AND INSURANCE TRUST FUND, INDEX CODE NO. 6201-3-651.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
------------ ---------------------------------------------------------------------------------------------------
19. AUTHORIZE SETTLEMENT: MATILDE S. PARRA ($40,000) CASE 95-
04362CA01.
Commissioner Plummer: Are we now on item 20?
Mr. A. Quinn Jones (City Attorney): Item 20 is also...
Commissioner Plummer: OK, I've got to ask a question.
Mr. Jones: Sure, absolutely.
Commissioner Plummer: Mr. City Attorney?
91
January 16, 1997
I
Mr. Jones: Yes.
Commissioner Plummer: As we know in the City of Coconut Grove...
Mr. Jones: Uh-huh.
Commissioner Plummer: ... they have gone in there and they have planted in the swale area half '
of the streets in Coconut Grove?
Mr. Jones: Uh-huh.
Commissioner Plummer: Now, we did not issue permits for that, is it my understanding? And
yet, if somebody has a "Stop" sign blocked by the planting of these trees that was put there, are
we going to be paying forty thousand dollars ($40,000) every time we turn around?
Mr. Jones: Well, Commissioner not withstanding the fact that permits were not issued whatever,
it's our right-of-way, we control it.
Commissioner Plummer: Well, but why aren't we...?
Mr. Jones: Now to the extent that we know that it's there, and we didn't issue permits, we're
still liable. Now what we'll do. What we would do in an instance like that, is what we would do
is, bring in the property owner. Now in this particular instance, there was no property owner to
really bring in. We don't know who planted it or whatever else. It's just there in our right-of-
way. But, in an instance where you described that down in the Grove or whatever else...
Commissioner Plummer: Are we actively...? Go ahead.
Mr. Jones: That's the best that I can tell you. That we would bring in the property owner and to
share in the liability there.
Commissioner Plummer: Mr. Manager, are we actively removing any and all obstructions of
landscaping materials in front of "Stop" signs? Because, if not...
Vice Mayor Regalado: No, we're not. I just got... I know this place of the accident and going
by several months ago, years ago, you knew that it was bound to happen. I have been made
aware of about three similar situations where trees are blocking the "Stop" signs and the problem
is that the people calls any department and they say that's not their department. So the people
get sort of tired of calling different departments and the situation have not been resolved. Nor by
the NET (Neighborhood Enhancement Teams) or by any department of the City of Miami. I can
tell you now, two exact sites where the "Stop" signs are blocked completely, absolutely by trees.
And...
Mayor Carollo: Well, who is in charge of that? Public Works, right?
iMr. Edward Marquez (City Manager: Yes, sir.
Mr. Waldemar E. Lee (Assistant City Manager): Yes, sir.
Mayor Carollo: Well, you're hearing what the Commissioners are saying Wally, what are you
going to do about it?
Mr. Lee: If it's reported Commissioner, we take care of it. Now many...
92 January 16, 1997
41
Mayor Carollo: But you just heard the Commissioner report it to you. Now, what are you going
to do?
Mr. Lee: What am I going to do? I am going to do exactly what I did with Commissioner Gort,
he gave mean address. I will take care of it instantly.
Vice Mayor Regalado: I will give you an address.
Mr. Lee: If you please supply me, sir?
Mayor Carollo: Can I also ask you, you know, just a little favor?
Mr. Lee: Yes, sir.
Mayor Carollo: So that we don't have cases like this time and time again. Can you put someone
from your department to be able to go through our streets every now and then and check and
make sure that things like this area are taken care of?
Mr. Lee: I will set it up, Mayor.
Mayor Carollo: If we have a problem, that we could write it down and send someone to do it
before the year is over hopefully?
Mr. Lee: Yes, sir.
Mayor Carollo: Thank you, Wally.
Mr. Lee: You're welcome.
Commissioner Plummer: You're going to have to give him money to do it. I mean we can cut a
lot of trees for forty thousand dollars ($40,000).
Mr. Lee: Commissioner, I will do what the Mayor requested and we'll start it as quickly as
possible.
Commissioner Plummer: Oh, I hear and fine, that's fine. But you know you've got to have the
people to go out and do it. Because, I mean, I don't know what you're going to do in Coconut
Grove. They have absolutely, it's beautiful. But it's liable. I mean, they have planted in every
swale are that I can think of over there. And they've not taken out permits. The City has not
zapped anybody with any violations, so it looks like we're coming down to a selective
enforcement. I mean, you know, Selma Alexander calls me yesterday, she is on South Miami
Avenue. The City zapped her for having a tree which was planted umpteen million years ago,
and they're saying she planted it yesterday or whenever. And, you know, South Miami Avenue,
we're going to zap her because she's got the money to pay the fine. But in Coconut Grove, I
don't think there's been a single, to my knowledge, violation notice issued for obstructing the
street signs. But...
Mr. Lee: Commissioner, we do not fine people. We order them to remove it, if not we do. So,
I'm not aware of this case.
Mr. Jones: But Mayor, this is what I have been preaching. I hate to be redundant. For years and
years now, you've got to have some sort of program where you go out and inspect periodically
or whatever else. It's the only way these types of cases are going to be stopped.
i
i
93 January 16, 1997
Il
1
A.
Mayor Carollo: But Mr. City Attorney...
Mr. Jones: Yeah.
Mayor Carollo: Neither you nor I, or any members up here are the people in charge of public
works. That's Mr. Wally Lee. He's the one that needs to put that program.
Mr. Lee: That is correct. Yes, sir.
Commissioner Plummer: You've got to give him money to operate with.
Commissioner Hernandez: We need to do the same with sidewalks. The sidewalk situation is
unbelievable.
Mr. Marquez: Mr. Mayor.
Commissioner Hernandez: We used to litigate those like... Are we still, we've got a ton of
them?
Mr. Jones: It's, it's, hey. Every... I can tell you, last year alone, I think we probably had about
+ 50 to 75 sidewalk trip and falls. And you probably going to have an equal number this year
until... I know the Manager has committed funds for going out and doing the repairs but until
it's done, they are going to continue to happen.
Mayor Carollo: Mr. Manager.
.-Mr. Marquez: As part of the recovery. As part of the 1997 plan that we've been working on,
there are monies provided for a safety program. Within the plan was six hundred and sixty
thousand ($660,000) which is part of the monies to be used to clear out areas around "Stop"
signs. We also have... We're planning to reprogram CDBG (Community Development Block
Grant) funds for the purposes of sidewalk repairs throughout the City essentially in those
targeted areas. These are additional responses to start addressing the problems.
Mayor Carollo: Yeah, but Mr. Manager, a lot of this entitles just pure initiative from your
administrators. It doesn't necessary require more money like in the case of the sidewalks. It's a
matter of changing the frame of mind that you go home at five p.m., that you don't have any
initiatives. It's someone else's problem, it's not my money. This is exactly what we've got to
change. We've got to make sure that if we're going to have Assistant City Managers,
Department Heads, they are going to put in sufficient hours. If they go home before eight p.m.,
they're not doing their job frankly. I don't get to go home before eight p.m., so why should
they? They need to have the initiative. They don't need to wait and hear things like this from us
up here. They should be looking at ways that they could curtail all these future losses that we're
going to have, how to save the City monies. And frankly, if they can't do it then you've got to
do what the Mayor of Philadelphia did, and get rid of sixteen out of the top 20 people that he has
in that City and that's how he turned the City around.
Commissioner Hernandez: I'd like to move item 20.
Mayor Carollo: There's a motion on item 20.
Vice Mayor Regalado: Second.
Mayor Carollo: There's a second. All in favor signify by saying "aye."
94
January 16, 1997
s oar..
The Commission (Collectively): Aye.
Mayor Carollo: Mr. Goenaga, do you care to say...
Mr. Manuel Gonzalez-Goenaga: Yes, just a clarification. I'm just going to end up with a quote.
"The beauty of the City of Miami, is skin deep. The ugliness goes all the way to the bones."
And I hope you understand my philosophy.
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
i
RESOLUTION NO. 97-18
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
MATILDE S. PARRA, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF
AURELIA PEREZ, DECEASED, WITHOUT ADMISSION OF LIABILITY, THE SUM
OF $40,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL
CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, IN THE CIRCUIT
COURT OF DADE COUNTY, CASE NO. 95-04363 CA O1, UPON THE EXECUTION
OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI FROM ANY AND
j ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS THEREFOR FROM THE
j . SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 620103-
651.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
20. ACCEPT GRANT ($78,049) -- FROM METRO DADE COUNTY FOR PARK
AND RECREATION FOR PURCHASE OF TWO TRANSPORTATION VANS
FOR PRODUCTION AND DISTRIBUTION OF PUBLIC INFORMATION
I MATERIALS TO PROMOTE AWARENESS OF LOCAL SERVICES 4
` AVAILABLE TO PERSONS WITH DISABILITIES.
j
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: We're in 21, now.
i
Commissioner Hernandez: I would like to move that.
Mayor Carollo: There's a motion for 21.
s
f
i
1 95 January 16, 1997 "
t
il'::
Commissioner Plummer: Second.
Mayor Carollo: Second by Commissioner Plummer. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-19
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT,
IN THE AMOUNT OF $78,049, FROM METROPOLITAN DADE COUNTY FOR
THE DEPARTMENT OF PARKS AND RECREATION, FOR THE PURCHASE OF
TWO TRANSPORTATION VANS AND PRODUCTION AND DISTRIBUTION OF
PUBLIC INFORMATION MATERIALS TO PROMOTE AN AWARENESS OF
LOCAL SERVICES AVAILABLE TO PERSONS WITH DISABILITIES; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY
DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR
ACCEPTANCE OF SAID GRANT.
I
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Wifredo Gort
' Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
21. ACCEPT BIDS: (1) R. TARAFA, GENERAL CONTRACTOR, INC., -- FOR
REHABILITATION OF CEMETERY BUILDING AND WALL AT MIAMI
CEMETERY FOR $38,592 -- (2) BROWARD MONUMENT FOR
RESTORATION OF GRAVE MARKERS AND MAUSELEUM AT SAID
CEMETERY -- $135,500 -- FOR PARKS AND RECREATION -- ALLOCATE
FUNDS CITY RESTORATION, HURRICANE RECOVERY AND RELIEF
j ACCOUNT 805801-835, NO. 336006.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Twenty-two.
Commissioner Plummer: Twenty-two, I'll move it even though I'm not participating and don't
let anybody point a finger.
96
January 16, 1997
i-wrrr:,
Commissioner Gort: Don't you have a conflict here?
i Commissioner Plummer: Yeah, I've got a conflict, that it's embarrassing that it hasn't been
done previous to now.
Commissioner Gort: Second.
Mayor Carollo: There is a motion, there is a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-20
A RESOLUTION ACCEPTING THE BID OF R. TARAFA, GENERAL
CONTRACTOR INC., FOR THE REHABILITATION OF THE CEMETERY
BUILDING AND WALL AT THE MIAMI CEMETERY, IN THE AMOUNT OF
$36,592.00, NAD BROWARD MONUMENT, FOR THE RESTORATION OF THE
GRAVE MARKERS AND MAUSOLEUM AT SAID CEMETERY, IN THE AMOUNT
OF $135,500.00, FOR A TOTAL PROPOSED AMOUNT OF $174,092.00, FOR THE
DEPARTMENT OF PARKS AND RECREATION; ALLOCATING FUNDS
THEREFOR FROM CITY OF MIAMI RESTORATION - HURRICANE RECOVERY
AND RELIEF ACCOUNT NO. 805801-835, CAPITAL IMPROVEMENT PROGRAM
PROJECT NO. 336006; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
- CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID
SERVICE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
97
January 16, 1997
�4
----------------------------------------------------------------------------------------------------------------
22. RATIFY / APPROVE / CONFIRM FINDING OF VALID EMERGENCY --
WAIVE COMPETITIVE BID FOR CONCESSION AGREEMENT TO
CATERING BY DAVID LYNN, INC. -- FOR CONCESSION RIGHTS AT
ORANGE BOWL.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Twenty-three.
Commissioner Plummer: Move it.
Mayor Carollo: There is a motion by Commissioner Plummer.
Commissioner Gort: For discussion purposes, second.
Mayor Carollo: Second for discussion purposes by Commissioner Gort.
Commissioner Gort: My understanding is the present caterers walked out and we're going give,
award this contract to someone else.
Ms. Christina Abrams (Director, Public Facilities): We are requesting a temporary agreement
with David Lynn, Inc., at the Orange Bowl for the same terms as the previous concessionaire.
And this is, and we interviewed three concessionaires. This concessionaire offered us the
highest return of the others and is also the only City of Miami business that put in a bid.
Commissioner Gort: Thank you.
Commissioner Hernandez: Christina, who were the three that you called beside David Lynn,
Inc., the other two.
Ms. Abrams: Professional Concessions, Inc., which is the concessionaire for the Homestead
Sports Complex and Finehost Corporation which is the concessionaire for ProPlayer Stadium.
Mayor Carollo: Any further discussion? There's a motion, there's a second. All in favor signify
by saying "aye."
The Commission (Collectively): Aye.
M
January 16, 1997
R
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-21
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 FINDINGS THAT A VALID EMERGENCY
EXISTS, WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING
PROCEDURES FOR AND AWARDING A CONCESSION AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, TO CATERING BY DAVID
LYNN, INC., FOR CONCESSION RIGHTS AT THE ORANGE BOWL, UNDER
TERMS AND CONDITIONS SET FORTH IN THE EXISTING AGREEMENT FOR
SAID PURPOSE, AND ON A MONTH TO MONTH BASIS, FOR A PERIOD NOT TO
EXCEED SEVEN (7) MONTHS; FURTHER, AUTHORIZING THE CITY MANAGER
TO EXECUTE SAID CONCESSION AGREEMENT WITH CATERING BY DAVID
LYNN, INC.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
23. AUTHORIZE/DIRECT CITY MANAGER TO CLOSE CITY FACILITY AT
2640 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, KNOWN AS DINNER
KEY BOATYARD -- FURTHER AUTHORIZE/DIRECT MANAGER TO
INSURE THAT (1) BOATYARD OPERATION CEASES BY 3/30/97; 2) NON-
PAYING RESIDENTS BE OUT BY 1/31/7; (3) CURRENT PAYING
RESIDENTS VACATE FACILITY BY 4/1/97.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: We're in item 23-A.
Ms. Christina Abrams (Director, Public Facilities): Commissioners, we request your
authorization to approve a resolution authorizing the City Manager to close the Dinner Key
Boatyard, effective February 1, 1997. This is implementing the recommendation in the Financial
Strategic Recovery Plan, and I'd like to state the reasons why our department recommended that
that decision be made. The Dinner Key Boatyard operates at a loss of sixty-six thousand a year.
99 January 16, 1997
It's two primary sources of revenue are the boatyard operation and the tenants. The construction
i for the new... for the construction of the seawall and the new 52-slip marina requires that all
activity in the boatyard cease. Under the advice of the Law Department, we sent notices of
termination of occupancy to all tenants effective February Ist. We allowed for a 30- to 60-day
time frame in the event that tenants do not vacate the property and we are forced to pursue legal
means. The Public Works Department has scheduled for the beginning; of construction to begin
between March and April, and while the tenants... While the construction does not immediately
{ affect the hangars, it does affect the boatyard. And since the boatyard will close, most tenants of
the hangars will no longer be able to function in the boatyard. And I'd also like to point out for
the record that the tenants of Dinner Key Boatyard are delinquent. We have 22 tenants. Sixteen
are delinquent, and that's all the information I have.
Commissioner Plummer: Let me ask this one question. As we know, there's an RFP (Request
for Proposals) out. When is that supposedly to be before this Commission for award?
Mr. Wally Lee (Assistant City Manager): We are receiving bids right now on the docks,
Commissioner. We expect to...
Commissioner Plummer: No, I'm sorry. The RFP for taking over the boatyard.
Mr. Jack Luft (Director, CPR Dept.): Yes, sir. I'm sorry.
Commissioner Plummer: When is that to he before this Commission for an award?
Mr. Edward Marquez (City Manager): It's either at this coming meeting or the meeting
immediately thereafter. On the 23rd or on the first meeting in February.
Commissioner Plummer: The 23rd of January or the 13th of February.
Mr. Marquez: Yes, sir. No later than the 13th of February.
Commissioner Plummer: OK. Thank you. And the... I guess the other question has to be, when
is the construction of the... FEMA's (Federal Emergency Management Agency) going to be
done? When is that supposed to start?
Mr. Lee: Commissioner, we... The closing of business January 30th, we're expecting to bring it
to the Commission the first meeting of February, if everything is in order. February 13th, award
the contract... for award to the Commission.
j Commissioner Plummer: I guess, then, the real question is, when will you commence the work,
based on your RFP, your time frame? March 1?
Mr. Lee: No, sir, after that.
Commissioner Plummer: How much after?
I et on the
Mr. Lee: Let's say 20th of March, by the time the contractor could g job site.
Commissioner Plummer: So first of May? Huh?
Mr. Lee: Let's say April.
Commissioner Plummer: March... yes, I'm sorry.
100 January 16, 1997
i
0Kd
rt-1
Mr. Lee: Yes, sir.
Commissioner Plummer: First of April. OK. So, then the real question is... and let's try to
knock it down. Why are you closing at the end of January when you don't intend to start work
until the 1st of April? That's really the whole question here.
Ms. Abrams: That's correct. We sent the notices out effective February 1st. The reason we ,
allowed for 30 to 60 days is because our counsel has advised us in the event that we have to evict
that we need to allow for that time to schedule it in the courts.
Commissioner Plummer: Well, if I'm riot mistaken, their contract is on a 30-day notice; is that
correct?
Ms. Abrams: Correct.
A. Quinn Jones, III, Esq. (City Attorney): Yeah. And we have to give them at least, since
they're on a month -to -month, at least give them 30 days notice. But what I've been apprised of,
or our office has been apprised of is there's a lot of stuff there that needs to be moved out, and
that would give the City adequate time to have everything out, everything cleared. If we need to
evict some people who may be obstinate and think that they have some vested right there, we can
go without... go to court and have them evicted without disrupting the start-up date.
Commissioner Plummer: Well, how about locking the door?
Ms. Abrams: There's a lot involved here, including the removal of approximately 18 vessels -
excuse me - on the boatyard grounds. I guess what we're trying to say is, we may have to go in
-there and start removing vessels, and equipment, and things like that, that the City will have to
do.
Commissioner Plummer: Wait, wait, wait. I hope you're not assuming that. I'm assuming that
they have a responsibility, if it's their vessels, to remove them.
Ms. Abrams: That's correct.
Mr. Jones: But there are some vessels there, I understand, that we don't know who the owners
are.
Commissioner Plummer: Who's managing the thing?
i
Ms. Abrams: I am.
Commissioner Plummer: Well, I just... You know, I... How much... What are we getting a
month for rent out of that place, approximately?
Ms. Abrams: Approximately forty-five hundred a month.
Commissioner Plummer: Forty-five hundred?
Ms. Abrams: Correct. The average rent is somewhere between a hundred and fifty-nine dollars
($159) to about three hundred and nineteen dollars and fifty cents ($319.50). And the average
space is about 20-by-30 feet, approximately. And also, 16 are delinquent.
Mayor Carollo: Let's hear from...
101 January 16, 1997
Commissioner Plummer: Much ado about nothing.
Mayor Carollo: John, I apologize that you and I couldn't meet before this meeting. I was sick
for about nine, ten days, and have really been behind.
Mr. John Brennan: No, no problem at all, Mr. Mayor. Thank you. The first thing I want to
establish with the Commission is that everyone has received a letter from me, fairly recently. I
invested about at least three days, maybe. I want you to believe that I'm one of the good guys.
Commissioner Plummer: I read it.
Mr. Brennan: I'm not here... Even J.L. read it. I mean, that's... I got it to him early enough so
that he could read it. I want you to understand that I'm here to do what I think is in the best
interest of the City. The boatyard has two main parts. One is the boats that would be owned by
someone like myself, who bring them out to he repaired. They're sitting on the hard. And then
there's another group who are inside the hangar, who have leased space. And as Christina said,
you know, you're getting about forty-five hundred dollars ($4,500) from it. I disagree rather
1 dramatically, if you read my letter, with her total, that the boatyard is losing money. You're not
going to get rich on it, but you're not going to... it's not losing money. The request that I'm here
to make is that you defer, at least the removal of the tenants from the building. The tenants from
the building have other places where they do their work. This is just their office or their shop.
They work on the moats at the sailing club, at Miami Marina, they work at other places, and this
is a place for them to locate. Unless the Commission is operating sort of outside of the limits of
the Sunshine Law, then you don't know when you're going to get a hid approved for the docks,
first, as J.L. was saying, and then when you're going to approve the RFP to have a developer in
there. It could go on for a very long time. And while there is a lot that could he done with
moving the boats, this should be addressed right now. If there are boats there that nobody knows
who owns them, we have to look at, how did they get there? I didn't put any of them there
myself. Somebody lifted them out of the water with a crane, put them on hard, and someone
should have taken a record of it. So you should have a record of each boat that's there. There's
no question, you're going to have a problem getting some of them out. When you get them out,
then you can go to work. But the work that has to be done, to build docks and to build a seawall,
can be done from barges, not affecting the ground where they're standing. I'm not
recommending that one way or the other. That's just a possibility. As an aside, I'm not here to
represent the Waterfront Board, but the Waterfront Board did recommend that you put off the
decision to have everyone vacate the yard at their Tuesday night meeting. You'll eventually get
a letter on it, I'm sure. What I'm asking is that you don't put out at least the people who are
tenants in the building. You have one gentleman who's been around here who's an artist and a
sculptor and has a project going on that is a mural, a very large mural, and his moving it would
be a very serious problem to him. And there's... I can't conceive that it could bother anybody.
1 Now, the reason why you don't want to vacate those buildings is that you have a possibility of
vagrants moving in. It will probably take them an hour and a half to find a way to get under the
gate, around the gate, whether it's by water or by boat cutters. They'll be in there, and what is
fairly valuable property today, in a very few weeks will look like either the Marine Stadium or
Maduro Stadium. So, I'm asking you to protect my property - I'm a taxpayer - protect my
property by leaving the tenants in there until you actually have a developer ready to occupy the
building, or close to it. I've asked... I've asked a lot of people how, and what, and why. All
sorts of answers don't satisfy me. Christina has a reason that she wants to do it. She's got her
job to do. I would like to have this Commission, if you must have them moved out, I would at
least wait until - move the boats off the hard - at least wait until you have a developer chosen for
the docks. After that, then when you put the others out, you could put down the road, because
they certainly don't interfere with the repairs of the docks by being inside that building.
{ Gentlemen, I thank you for your time.
102 January 16, 1997
Mayor Carollo: Thank you, John. Christina, can you answer his question...?
Ms. Abrams: Yes, thank you, I'd like to.
Mayor Carollo: ... which is really one that I'd like to have answered for me, also, of why we
can't wait to send the... well, to actually remove people from there - we sent the eviction notices
already - until we choose the developer?
Ms. Abrams: OK. Because the main reason that we're move... you know, vacating the property
is because we're going to start the construction of the seawall and the marina, which is
independent of the RFP and the selection of the developer. The City, my department, is going to
run that marina until the appropriate developer is chosen and takes control of the property. And,
you know, there's a source of revenue for us, the City. So we wanted... we're anxious to begin
this construction of the marina. That construction of the marina requires that the boatyard
operation, outside the hangar ceases to operate because they're going to have the cranes there.
The contractor that the City is paying for and the City is hiring will be working from that
location. So there is no question about...
Mayor Carollo: How about inside the hangar?
Ms. Abrams: Inside the hangar... The only reason we're closing the hangar is because the actual
revenue from the hangar operation, which really operates the boatyard is operating at a
significant loss. I mean, the whole operation loses sixty-six thousand a year, not including
personnel that I have working there that is funded at Dinner Key Marina. But the tenants
themselves, they pay an average of two hundred dollars ($200) a month, and they're delinquent.
So, of the 22 tenants there, 16 have not paid rent. So, if the Commission chooses to allow the
tenants'to stay until a developer is chosen, this will be... that means the City employees continue
:to have to be there, utilities continue to have to be turned on, and that we're going to continue to
operate at a loss. If the Commission is looking for an alternative, an alternative would he to have
everyone there become current on their payment, and raise the rent so that they cover the cost of
having them there.
Mayor Carollo: Raise it to what, Christina?
Ms. Abrams: Well, we were working out some numbers, just to be able to give you an option.
And what we recommend is what the standard rate for a warehouse is, which is five dollars ($5)
a square foot. Right now, they're paying probably in the area of a dollar ($1) a square foot.
Vice Mayor Regalado: Can you get a commitment, Christina? Can you get a commitment from
the tenants that as soon as we have a proposal approved that they have to move out, without any
court cost, or any legal obstacle that they will establish?
Ms. Abrams: Well, I'll probably defer to the Attorney, to the City Attorney. But my
understanding is that we may have... We have no agreement now, so, we legally can tell them to
leave within 15 to 30 days. However, you know, they have the right to challenge us in court.
1 And that's what takes 30 to 60 days. And if we should select a developer, we have to then go
through the legal process of evicting, even if they sign an affidavit.
Vice Mayor Regalado: The problem is in the next 60 days, there's going to be the start of the
big season of boating. And they do need that area to work.
i
Ms. Abrams: But the boatyard is going to have to close once the contractor starts rebuilding the
i seawall, which we estimate is between March 1st and April 1st.
103 January 16, 1997
i1•..d w.Y: �.
Mr. Brennan: This is my partner in crime. He's going to rebut a couple of the things that
Christina had to offer.
Mr. Monk Terry: I actually agree with almost everything John said, for a change.
Mr. Brennan: Be careful.
Mr. Terry: I don't want to get into a discussion. I've talked to Christina about this work. She's
doing a great job. Actually, she told me to say that. No, she is. I disagree with some of what
she said, though. These tenants were given their eviction notice on December 31st, right before
they were all partying for the New Year. So, there's a little timing, and there's personalities
involved, and all that. But the point is, this building of the docks will not interfere, even with the
boatyard. It could be arranged. At any rate, they all know they're going to leave sometime soon.
And they're willing to agree to leave whenever the final moment comes. We've been having
discussions with them, and they're willing to do that.
Mayor Carollo: Well, the problem that concerns me, and this is what stood out from what
Christina said, is that we're losing a lot of money with them there, you know.
Mr. Terry: Well, they're... We could get into a discussion on the specific numbers with which I
am very familiar. It depends on your accounting system. It's certainly not... It may not be
making any money, but it's certainly not losing any money. And there are some personnel there
that are accounted for in that particular budget item which don't necessarily... are not necessarily
producing, related to that specific operation. But again, I don't want to get into specifics, but it's
not losing sixty thousand a year.
Mayor Carollo: -Well, Christina, you know, they're telling me one thing, and you're telling me
another.
Ms. Abrams: I know. But, I mean, the system we're using here is the cash accounting system.
If they pay cash, that means we have funds there, and we can say this is revenue. If they're not
paying, there is no revenue there. I mean, I may he using a different accounting system, but...
Mr. Terry: OK. All right. Again, without betting into details one of the points, I think... and
some of you got a document I prepared. One of the points is that if this is an amicable parting of
the ways, after an eight -year history during which over a million dollars ($1,000,000), probably
closer to a million and a quarter dollars has come into the system, into the City coffers by, in
large part, the hard work of all these people, this is going to be a messy parting, and an end to a
long and interesting history, which may continue longer than this. We don't know yet.
Hopefully, it won't. But we can get these people to pay the rent that's past due, and we can get
them to pay on a weekly basis, if that's what everybody wants. This can be done. But if we
i don't do it with some civility, it's not going to happen.
Mr. Brennan: I'd also like to make a minor point. I don't know how the attorney feels, but I'm a
landlord, and I can evict a tenant within five days. That means going to court, getting the
Judge's dealing and putting it on... post it on the door, which has to be there for three days. So if
you really want them out, you can be... and you're serious, you can... you can make it happen. It
doesn't... And I don't want it to be done that way. I'd like to have it peaceful, as Monk says.
Mr. Bruce Reep: I'd like to speak on this issue. I've addressed you exactly on this issue before,
and actually, this Commission, the last time when we talked about it. My name is Bruce Reep,
3530 Cast Street. When we discussed this before, one of the reasons that you
allowed them to leave - to stay - during the interim period while the RFP was going on was two
reasons. One, that an income was coming in, that the damage that you may find from the
104 January 16, 1997
homeless will be much more than what you're losing, and you may not he losing that much.
And I have several solutions to it, and the reason why you let them stay the last time. When
you... What basically happened, an interim agreement with Fox for this Speed II movie came
i on. When you did that, you basically said that the tenants for the next six months did not have to
pay any rent, and in lieu of that, Speed II was to pay it. So right now, those people that... for the
last six months, they're not the ones who are late. The contract... and to me, it was a rather
loosely written... it's not even a lease agreement. It's a licensing fee. They put twenty thousand
down. All the money that went into by Speed I1 was to be deducted back out of that forty-five
hundred ($4,500) a month. But the other reason I need to address you about not having these
people removed, and the reason you didn't last time is these may end up being your subletees
(sic). These are the people who already have shops set up, who... It's part of the required
primary use for this RFP for a state-of-the-art boatyard, full -service boatyard. The reason you let
them stay last time was because they are the people that have the upholstery shops, all of these
shops. These people do, as John Brennan said, work all up and down, not just out of there. You
can go ahead and close that back tarmac completely. You can put in your marina. The people...
the tenants inside will not interfere in any way. And the proof that they will not interfere and
! that there's not a safety issue is that they just got done doing this... how many millions of dollars
! production with 20th Fox Century (sic) in there, and there's been no complaints from 20th Fox
Century, and there have been no complaints as far as them having to deal with therm. As far as
the safety issue of putting this marina in, you've got 40 to 50 boats, all weighing ten to 20 tons,
on the hard, sitting on little sticks, little stilt legs. These people are famrlla[ with working
around, underneath and amongst these boats, which is a heel: of a lot more dangerous than
putting a few piers in out at the water's edge. If you want, you can close that whole back tarmac.
These people still have businesses to run. You will have no longer a need for three employees
sitting over there in the air conditioning upstairs. The place does not need to have, for the rent to
be collected, three full-time City employees there. So you do have that expense that's gone.
And there's no need for two hundred and fifty thousand dollars ($250,000) worth of insurance,
liability insurance, because Lloyd's of London will do it for twenty thousand a year. So there's a
lot of expenses here that can be cut. You can keep the people who may be your sublessees in the
future, and have been for the last eight years, who will probably be respondents to the required
primary use for this RFP. So I hope you consider to get the RFP done up first, and make sure
that you actually have a building for the marina. I've seen that lag on. And so we're still
making at least forty-five hundred a month, which is over fifty thousand a year, just off these
tenants, who have showed by their performance that they didn't interfere with the movie, and
they surely know how to handle and work around dangerous equipment. Their big crane over
there lifts 60,000 tons. The crane that they're going to use to put these little docks in and put the
seawall in is a tiny little thing, compared that. These people have the experience and the
professionalism, and they will be there as your subletee tenants for your new RFP respondents.
That was the reason you all let them stay last time. Thank you very much.
Commissioner Plummer: Who are the three people sitting in the air conditioned office, and what
are they doing?
Ms. Abrams: There are three employees at Dinner Key Boatyard, funded from the boatyard.
Two of them are security, and they work at night. They work between the hours of, I think,
twelve to eight in the morning. And that's the security we provide right now, not only the
tenants.
Commissioner Plummer: Are we paying for that?
Ms. Abrams: We pay for that. We pay for that security.
Commissioner Plummer: Why?
105 January 16, 1997
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Ms. Abrams: Because we need to be sure that the property is secured, because we have tenants
there, and we're responsible if any of their merchandise gets damaged, or their equipment, and
that's why we have two security guards there now.
Commissioner Plummer: Two are security guards. What's the third one?
Ms. Abrams: One works at the... There's two in the office during the day. One of them, 1
believe, they all dislike tremendously, and he's funded out of Dinner Key Marina. And then the
other one is funded out of Dinner Key Boatyard. That's what I... why I was saying that we lose
sixty-six thousand a year, which does not include the cost of that personnel at Dinner Key
Marina, which is forty thousand.
Commissioner Plummer: You didn't answer my question. What is he doing? You told me who
he is and how much he's making. What is he doing, besides sitting in the air conditioned office?
Ms. Abrams: Well, I don't agree with that assessment that they sit in the air conditioned office
all day.
Commissioner Plummer: I'm asking you, what does he do?
Ms. Abrams: Lake I said, there's two security employees that work at night, and then there's two
that work during the day, and their job is to monitor the activities, make sure that the boats that
are there pay, make sure they get receipts, make sure that the tenants pay their rent, and then
basically oversee the property.
Commissioner Plummer: And how much does that cost us a month?
Ms. Abrams: It costs us about fifty thousand a year.
Commissioner Plummer: So what you're saying is, we're breaking even, at best.
Ms. Abrams: Well, because you're not including... You're not including your utilities. I mean,
utilities were twelve thousand dollars ($12,000) over budget this year. Our utilities were near
forty thousand dollars ($40,000).
Mr. Reep: Speed II paid for the last six months of all the utilities. That was their requirement.
Ms. Abrams: No, they have not.
Mr. Reep: Well, that's their requirement in your lease with them and...
Ms. Abrams: OK. Sir, I'd like to clarify the Speed II issue.
Mr. Reep: OK.
Ms. Abrams: Speed II occupied a hangar for the filming of their movie for a period of six
months. They just received their eviction notice, also. And the agreement was that the tenants
wouldn't pay rent because Speed II would pay rent of forty-five hundred dollars ($4,500) a
month, comparable to the rent that they pay. Speed II has been invoiced. They have not
submitted their payment yet for those six months. However, we noticed the tenants two months
ago, saying, "You have to start paying now," and they have not paid.
Commissioner Plummer: Are you saying Speed II has not paid?
106 January 16, 1997
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Ms. Abrams: We haven't received their payment yet, no.
Commissioner Plummer: Are they still there?
Ms. Abrams: They received their eviction notice, and they ensured us that they would pay.
Commissioner Plummer: You see? Again, we need to get our money up front.
Ms. Abrams: I agree.
Mr. Reep: Can I clarify this? There was twenty thousand up front, and the money that was to
be...
Ms. Abrams: They have not paid up front.
Mr. Reep: OK. There was not twenty thousand? That was what...
Ms. Abrams: They did not pay up front.
Mr. Reep: OK. Well, that was in the agreement. I don't know why they got to go in there
without paying it up front. I agree with J.L., Mr. Plummer.
Ms. Abrams: So do I.
Mr. Reep: But what I'm saying to you is that these lease agreements... Because of whatever
agreement you have with Speed II, unfortunately, these people could be our future tenants,
sublessees: There really is no need for them to be removed as far as a safety purpose. If
'anybody's not paying, throw them out. I agree with the Commission. But if they are paying and
you do have people that are paid up, why should they leave when they run regular, good
businesses here in the area?
Ms. Abrams: We have...
Commissioner Plummer: Let's bring this thing to a head. All right. You ready? As far as I'm
concerned, each and every party that is there as a tenant presently must sign an agreement that
they will vacate no later than April the 1st. OK? Number two, that within the next 30 days, any
and all vessels have to be removed. And that's it, period. Now, the rent. Anyone that is not
current in their rent is to be, as so noted, out the 30th or 31st of January. OK? Now, that's my
motion. Now, let me go... Is anybody seconding the motion?
Commissioner Gort: Second.
Commissioner Plummer: OK. Now, Speed II, how much do they owe us?
Ms. Abrams: Twenty-seven thousand.
Commissioner Plummer: OK. And they have not evacuated?
Ms. Abrams: They are in the process of...
Commissioner Plummer: Oh, no, no, no.
Commissioner Gort: Take over their equipment.
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January 1.6, 1997
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Commissioner Plummer: Why don't you grab their equipment very quickly? Why haven't you
confiscated their goodies?
Ms. Abrams: Because I'd rather have the twenty-seven thousand dollars ($27,000).
Commissioner Plummer: Oh, you're... You're not going to get anything.
Commissioner Gort: That equipment is worth millions.
Commissioner Plummer: You ever heard about the bird in the hand and the bird in the bush?
You're dealing with the bird in the hand.
Mr. Jones: You just can't confiscate...
Commissioner Plummer: Oh, you watch me lock the door.
Mr. Jones: Commissioner, those are self-help remedies, which you can't...
Commissioner Plummer: Sir, that's why you're an attorney and why I'm in business.
Mr. Jones: Well...
Commissioner Plummer: We do business differently.
Mr. Jones: Yeah, but I... But even with doing business, you've got to do it according to the law.
Commissioner Plummer: That's right. You owe me money, you bet your bippy.
Mr. Jones: There's a procedure for seizing whatever, but you've got to go through the process.
You just can't go in there and take it and say, "It's our until you pay." That just... You just can't
do it. You can't...
Commissioner Plummer: My motion stands.
Ms. Abrams: May I make a suggestion though? The boatyard has to cease to operate by March
1st? I wish Public Works was here to give us the exact...
Mr. Grant Sheehan (CIP Coordinator/Public Works Dept.): Yeah, I'll do it. I'll do it.
Commissioner Plummer: I said April.
Mr. Sheehan: I'm Grant Sheehan, capital projects in Public Works. In our negotiations to
replace the marina and the seawall, DERM (Department of Environmental Resources
Management) has required that all boatyard operations outside of the building shut down, in
order for us to get our permitting. We are doing upland improvements, drainage, the seawalls,
things like that. Now, the inside of the hangar is not affected by that. That's only the boatyard
operations. And we will be... We're out to bid right now.
Commissioner Plummer: That's part of my motion. Boatyard operations stop March 1st.
Mr. Reep: Could the tenants still stay inside the building that are not working in the back?
Commissioner Plummer: We said that.
FM,?
January 16, 1997
1
Vice Mayor Regalado: Yeah. Yeah, they can.
Commissioner Plummer: But you have to sign an agreement now...
Ms. Abrams: Only if they pay, though, right?
Mr. Reep: OK. My question, do you want them out by April 1st? And if you don't...
Commissioner Plummer: No, no. They have to sign an agreement, they understand that they
must vacate, and all their goodies, prior to April the 1st.
Mr. Reep: Can I ask you, as a taxpayer, why am I... Why are we putting income that's coming
into the City, and if there's no justifiable reason to have them out of there, why are they going
out April 1st, when you have an RFP for a marina?
Commissioner Plummer: Because we're going to be awarding the contract for the hangars, the
Manager tells me, at the latest, February the 13th.
Mr. Reep: OK. Well, we've seen that drag on, too. That's why I was concerned about. Let's
not lose the income. That's all I'm concerned is... As soon as the RFP is signed, why couldn't
we have them vacate?
Commissioner Plummer: Well, if it doesn't happen, we'll drag the Manager.
Mr. Reep: OK. OK. What I was just saying, we could... Why not have them vacate at the
signing... at the awarding of the RFP?
Commissioner Plummer:._Sir; we're going to award on the 13th.
Mr. Reep: All right. I'm sorry. OK. Thank you.
Mr. Marquez: Mr. Plummer... Excuse me. Commissioner Plummer, let me make sure that the
resolution did include the catching up of delinquent payments.
Commissioner Plummer: Oh, absolutely. Anybody that is not current in their rent, bye-bye.
Ms. Abrams: Could we set a deadline? Because the...
Commissioner Plummer: I set a deadline.
Ms. Abrams: OK. So by Monday, all those who are delinquent, if they don't pay, we will
proceed with the eviction notice.
Commissioner Plummer: No, the 31st. If they don't pay by the 31st, they're out.
Commissioner Gort: Excuse me. J.L., I believe, since the City Attorney says it takes so long for
the legal procedures to begin, we shouldn't stop those things.
Commissioner Plummer: You mean the rent or what?
Commissioner Gort: The legal procedure that he says it takes a long time...
Commissioner Plummer: Yeah.
109
January 16, 1997
Commissioner Gort: ... I think he should begin to work on those things...
ably going to have some people that are going to stay over.
Mr. Jones: But you're prob
Commissioner Gort: ... and give the options here, it's unfortunate or fortunate, but at least...
Commissioner Plummer: You know, here is a classic example, if you're correct, of where we try
to do what's right, and we get kicked in the teeth for doing it. Here, we let those people go in
1 there for the purposes of keeping the place occupied, with the full understanding, "Oh, yes, we
understand, 30-day cancellation." And what you're saying is, they might not honor their word.
Now, they gave their word that they would move out with 30 days notice. Here I atn, extending
it to April the 1st, which is more than that. Now, as far as I'm concerned, hey, you're going to
make me awfully tough. My motion stands.
Mayor Carollo: There's a motion. It was seconded by...
Commissioner Plummer: Gort.
i
Mayor Carollo: By Willy.
Vice Mayor Regalado: Commissioner Gort.
l
Mayor Carollo: By Commissioner Gort. Any further discussion?
Vice Mayor Regalado: No.
Commissioner Plummer: Call the roll.
Mayor Carollo: OK. Call the roll, Mr. Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-22
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
CLOSE THE CITY -OWNED FACILITY LOCATED AT 2640 SOUTH BAYSHORE
DRIVE, MIAMI, FLORIDA, KNOWN AS THE DINNER KEY BOATYARD (THE
"BOATYARD"); AUTHORIZING AND DIRECTING THE CITY MANAGER TO
INSURE THAT: ALL TENANTS PAY ALL RENT DUE BY JANUARY 31, 1997;
ALL TENANTS WHO FAIL TO PAY ALL RENT DUE BY JANUARY 31, 1997 ARE
TO RELINQUISH POSSESSION BY JANUARY 31, 1997 PURSUANT TO THE
PROVISIONS OF THE TERMINATION NOTICES SERVED; ALL TENANTS WHO
REMAIN AT THE BOATYARD ENTER INTO AN AGREEMENT TO VACATE THE
BOATYARD BY APRIL 1, 1997; ALL, VESSELS STORED AT THE BOATYARD
ARE REMOVED BY FEBRUARY 16, 1997; FURTHER DIRECTING THE CITY
ATTORNEY TO TAKE ALL NECESSARY LEGAL ACTION, TO INSURE THAT
ALL PERSONS OC:'CUPYING THE BOATYARD RELINQUISH POSSESSION
THEREOF, AND THAT .ALL PERSONAL PROPERTY INCLUDING ANY VESSELS
STORED AT THE BOATYARD ARE REMOVED THEREFROM IN ACCORDANCE
WITH THE PROVISIONS HEREOF.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
-----------------------------------------------------------------------------------------------------------
24. DISCUSS ESTABLISHMENT OF SINGLE MEMBER DISTRICTS: PULSE,
ET AL VS THE CITY OF MIAMI, ET AL, CONSENT DECREE, CONSENT
AGREEMENT.
Mayor Carollo: OK, we're now at 24. Discussion concerning establishment of single member
districts.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, what you have. Mr. Mayor and
members of the Commission, what you have on the agenda for discussion is a proposed consent
agreement and consent decree in response to a lawsuit that was filed by PULSE (People United
111 January 16, 1997
Val
to Lead the Struggle for Equality) organization which is seeking to have the "at large" election
system for election of City Commissioners abolished.
Mayor Carollo: Yeah, we've gone on record stating that we wanted it, Mr. City Attorney. The
only thing I think in question here is how we go about it now. What's a question in this consent
decree that I have a major concern with is dollars. They want 'X' amount of dollars which is not
specified here. Do we have specification, how much money it's going to cost us to pay their
attorneys or whomever? We don't, do we?
Mr. Jones: Do we? We don't have, no.
Mayor Carollo: Secondly, and I have a problem, and let me tell you why. Because, when I was
doing the right thing and putting my neck out on the line to help black representation in this
Commission, there were many people that I see now, that were not there in the front trenches.
Secondly, if this is all about making sure that we have African -American representation in this
Commission, which we're all in favor of, then let's do it pro Bono. You know, I don't take it
kindly to be threatened that I'm going to be deposed, subpoenas are going to be flying if we
don't approve this, which means that we're going to pay dollars. I'm telling you now, I'm not
going to vote for this. We're going to get district elections, we're going to do it our way. No
one is going to come in hereand put a gun to my head, threaten to depose me, demanding money
from this Commission, so that we can have black representation. If they want it, do it pro bond.
I have plenty of attorneys that have spoken to me. They are willing to help pro bono. I'm not
voting for this and further more, the way that I'm seeing this is coming about, it's going to open
possibly a pandora's box where we're not only going to end up paying them all kinds of monies
that we don't know how much it's going to be, but we might have other people getting involved
in other lawsuits that it's going to make it even uglier for us in the pocket hooks. So, having said
that, this is one Commissioner's vote. I am not voting for this.
Commissioner Plummer: Well, let me give another Commissioner's vote. And that is, first and
foremost I am totally in favor of single member districts but not that alone. I think a good
system is single member districts plus a number "at large" and the Mayor at large. The question
remains that I haven't got answers for, that I think that this Commission must have answers for.
I don't know where the number six, which is in this consent decree was a so called "magic
number." But, it is in this consent decree that there'll be six and it goes on to say, which is not
the point that two from predominantly Afro-American geographic districts. I think we have to
think of another consideration as to the cost of additional members of the Commission.
Additional costs, I asked the City Attorney. Costs also have to be considered that if you go to
changing the charter in numbers, you would have to go to a special election, correct? Special
elections today cost in the neighborhood mister... one hundred and fifty...?
Mr. Walter J. Foeman (City Clerk): One hundred and ten plus advertising.
Commissioner Plummer: OIL, all right. So you've got that cost factor involved. I think we have
to hold public hearings. I mean that's part of this overall scenario that public hearings would be
held. I don't know why the City itself cannot go before the federal court and ask that we be
represented as our own entity and we would then proceed along those lines. No one here is
opposed to creating districts. Nobody, that I know of. Now, I think there's cost factors. I'm in
favor of appointing the committee to go into and start looking at drawing lines. That's a
committee, pro Bono which would not he of any cost to this City. And let's get the process
started and let's go from there. But I think cost is a paramount feature.
Commissioner Hernandez: Mr. Mayor, the last time we addressed this issue, did you not appoint
Commissioner Gort as chairman of a committee that was going to study...?
112 January 16, 1997
Mayor Carollo: We appointed Commissioner Gort to be our liaison to coordinating a committee.
The committee has been named. It has not met, the intention of it is to meet hopefully, next
week for the simple reason that we have a tremendous amount of problems going on in the City
right now.
Commissioner Plummer: Joe.
Mayor Carollo: Commissioner.
Commissioner Plummer: The committee has not been named.
Mayor Carollo: J.L., this is a committee that Blue Ribbon Committee that I was naming that you
all are going to participate in. I'm not going to participate in it and I assigned Commissioner
Gort to lead that. It's going to basically be his committee as your representative, our
representative from the Commission. What this Commission cannot get into... There is so
many... Always so many areas that we can deal with at one time. This is a very important area,
but we have plenty of time to deal with this appropriately in time for the next election. Right
now, the first priority that we have is, is we have to get a budget approved and be well on our
way on the five year budget. And I tell you right now, I could only deal with so many things on
the plate, so can you, and you, and you, and you and so can the Manager.
Commissioner Gort: We need to be a City before we turn a district.
Mayor Carollo: Yeah, and we can't be dealing with a gun placed to our head, where we don't
know what the final dollar amount is going to be. And frankly, I'll say this for anybody out
there that wants to. threaten to sue the City on this. We're doing this because we want to do it,
,because we know it's the right thing to do. But frankly, if we go and look at what the past
supreme court decisions have been in the last year plus, two years. They're not too favorable to
some of the actions that we're going to take. But we're doing it because it's the right thing to do
for this community. But, we're not going to be doing this because someone thinks they're going
to put a gun to our head - they're demanding money. You know, the only thing that we could
possibly accomplish is, place us behind the eight ball where we're going to be paying fees for
who knows how many people, at the end that are going to be demanding it or where it's going to
cost us a lot more in legal frees. So, my position is that we're going to handle this as a
Commission, all five of us working together with the full public input. I want to get input from
people that have been the pioneers in the black community of Miami such as Athely Range, Mrs.
Gibson. I want input from Congressman Meek and many others in this community, across all
lines. And that's how we need to come and make a decision. So, that's one person's opinion in
this Commission.
Commissioner Hernandez: But we already agreed in principle, the last time we met also...
Mayor Carollo: Yeah.
Commissioner Hernandez: .. that we were all in favor of district, single member districts.
Mayor Carollo: Yeah, yeah.
Commissioner Hernandez: The bottom line is just deciding how we're going to do it...
Mayor Carollo: Yeah.
Commissioner Hernandez: .. and when we're going to do it,.
113 January 16, 1997
phi
Mayor Carollo: Yeah, and my recommendation will be, once
committee going that he'll come back with recommendations
one person to look at those recommendations over and decide
about it.
Commissioner Gort: Mr. Mayor?
that Commissioner Gort gets a
and each of us could then name
how we're going end up going
Commissioner Plummer: Let me ask a question. Are we naming the committee, or each
Commissioner has a right to name a member to that committee?
Mayor Carollo: Yeah, the suggestion that I've described Commissioner, is that once this
committee, this Blue Ribbon panel gets going with the direction of Commissioner Gort, then it
will come back to us with its final recommendations. Each of us would then name one person to
go over those recommendations and to implement any form of districts that we want in any
shape or form. If you want some "at large" together with districting, you know, we decide what
formula we're finally going to implement. This is what I am saying. And I agree with you that
we need to look at all the possibilities, not just plain districting but we need to look at the
possibility of going with some "at large" and some districts.
Commissioner Gort: Mr. Mayor, I had a meeting with a couple of attorneys that have had major
experience in these districts and they told me about the pros and cons of districting. You have to
get public input.
Mayor Carollo: Sure.
Commissioner Gort: You can have a lot of information to draw the lines, and the commitment
that this Commission made, from the beginning, and I keep saying it. I am going to make sure
that those district lines are drawn according to the needs of the population and the ethnic groups
to be represented. And that we have representation of this community. I am not going to be
looking at this line to make sure that certain politicians get elected. And my recommendation is,
all our hearings are going to be public hearings. My understanding is, what I was told is,
everybody or whatever which group wants to are welcome to come in and give us their
recommendation. The problem is, that when you have an attorney representing them, anytime
you call that attorney, they're going to start checking the hours and if you agree to this consent
agreement, it means at the end, we have to pay this attorney whatever that attorney needs, thinks
their fee should be, according to the time they spent. Now, my understanding is that there is a lot
of attorneys out there, that might be willing to work with you, in representing you pro Bono.
Like the... Mayor Carollo has stated. We have financial problems in the... First we've got to
make sure it would save the City, and that we have a City to have district...
Mayor Carollo: Plus you hit the key point, Commissioner. That we have to have the input from
the community. We must do that. You know... So, having said that, if there is any further
discussion that any member...
Vice Mayor Regalado: Just a fact, Mr. Mayor. That I just hope that this discussion will not be
taken as a way of the Miami City Commission of dragging its feet on this issue. I hope that all
the communities will remember that this Commission before the fifth of November went on
record to support representation for the black community and that the newly elected
Commissioner also was on record on supporting district election. So, I just hope that they don't
use this issue to try to block the will of the people of Miami to save the City first in the
referendum that we're going to have sometime this spring. And that this Commission is
committed to district election and fair representation by every community. As a matter of fact,
this is not a new issue. There's a group that I worked with about 20 years ago. You remember,
J.L., and that they suggested about nine areas of the City of Miami and we were voted down.
We were here, and we were voted down. So...
11.4 January 16, 1997
Commissioner Plummer: But that wasn't civil rights.
Vice Mayor Regalado: I know it wasn't.
Commissioner Plummer: That was an advocation of the City Commission itself to increase to
nine members.
Vice Mayor Regalado: Right, I know. But..
Commissioner Plummer: And that had to go before a referendum and that was turned down.
Vice Mayor Regalado: Right, but it was a plan. It's nothing; new and the nine, the number nine
figure had a lot of common sense because of the nine areas of the City and also this is not new
and the Commission has seen many of these plans.
Commissioner Plummer: So where are we?
Mayor Carollo: Commissioner Hernandez. Well, I think this Commission has spoken. Ma'am
if you would like to say something, you have two minutes.
Ms. Sandra Stringer-Ahmad: Well, my name is Sandra Stringer-Ahmad. I'm a part of the
PULSE (People United to Lead the Struggle for Equality) organization. The bottom line to us is
the people's interest being brought forth and protected.
Mayor Carollo: You're right.
Ms. Stringer-Ahmad: We just want to make sure -that it's done.--: And we, as a part of the
community, we want to be a part of that. The bottom line to me is not the money, and I hate that
you perceive that you have a gun to your head. You know, we're just trying to convey that it's a
very important issue and it's a priority to us.
Mayor Carollo: Well, I appreciate you coming up here and being reasonable. And you know,
speaking to us straight. You know, reasonable people can come to reasonable conclusions.
Ms. Stringer-Ahmad: Yes.
Mayor Carollo: But, you know when the main thrust has been legal fees, legal fees, legal fees.
And then to push us on the legal fees, we get a list sent to the City Attorney of depositions that
are going to be taken and my name is included on one. You know, I... You know, regardless of
maybe what has been reported, in some medias, on this Commission and on this Mayor,
supposedly because of the Oversight Board, that we don't have any courage, we don't have any
guts. Let me tell you something, there is more courage, more guts here, that's ever been here in
100 years. And I just don't take it kindly, especially when I sacrifice so much and I put my neck
on the line. It's easy to talk but when you go out there and you're the only one that had to raise
90 plus percent of the funds to save the black seat. The easiest thing for me to have done was to
have, you know, be next to my colleague and not gotten involved in that election. When I went
out there, and did everything that I could to help a black seat and then I'm going to be placed in
that kind of situation, I'm sorry, that's when I draw the, line. We're going to have district
elections. We're going to have black representations sitting up here in this Commission again by
next election but it's going to he done with due process. It's not going to be done shot gun style.
That's all that I'm saying. And I want PULSE and you to he part of that process also. But that
process is going to be... have to be widened to more people and it's going to be done by meeting
the deadline that we have to. But it's going to have to be done within our timetable opening up
that process. It's can't be done under the threat of legal fees and lawsuits.
115 January 16, 1997
Ms. Stringer-Ahmad: Well, could you respond to that?
Mayor Carollo: Go ahead, Donna.
Ms. Donna Ballman: My name is Donna Ballman. My address is 13899 Biscayne Boulevard,
Suite 154, North Miami Beach, Florida 33181. I am the evil attorney who represents PULSE.
Mayor Carollo: Not evil, Donna.
Ms. Ballman: Who's being vilified today, and I'm a little surprised to hear that this is an issue
because, Mr. Mayor, PULSE and I met with you and had the City Attorney on the phone and
went through this agreement line by line and you raised the issue of the attorney fee provision.
And for those sitting in the audience who don't know what we're talking about, we have a
consent agreement that has been proposed, that I put together, actually at the request of you, Mr.
Mayor, when you talked about being interested in resolving this lawsuit and you asked me to put
together a proposal.
Mayor Carollo: Excuse tile, excuse the Donna. You're saying that this consent decree was done
in my request. I never requested a consent decree from you. You came to me with it. Let's get
the facts right, OK.
Ms. Ballman: You expressed that you were interested in resolving it.
Mayor Carollo: I've expressed that were interested in getting districts and I certainly am. That's
why we made the resolution that was approved by this Commission to get it done. But, do not
.-'-be saying that I'm the one that came up with the idea of a consent decree because at no time did I
come up with the idea of legal fees and at no time did I conceive, if you remember correctly, that
it would be resolved in this way. I was under the impression that we were always talking and
bringing it up to a vote, until the City Attorney explained to me that it could be done in a
different way like that. But I'm not going to do is to put the City in a situation where we're
going to he having to defend possibly a lot more lawsuits than one.
Ms. Ballman: OK. If I may finish? They way this consent agreement originated is a lawsuit has
been filed against the City under the Voting Rights Act, which is a federal statute to require the
City to hold its elections by districts. The date that that was filed, the Mayor contacted my
client, PULSE, and asked to meet with us. And that time, the Mayor expressed an interest in
resolving this. And I spoke with the Mayor later on and I asked the Mayor if you are serious
about resolving this, why don't we put together a consent agreement to try to resolve this lawsuit
and I outlined that the terms of that consent agreement would be basically that the City would
agree to the idea of districts but not to how they would be structured or how many. And that we
would stay the lawsuit during a time certain under which we would attempt to resolve the district
situation amicably. The Mayor expressed an interest in that kind of an agreement and I put
together a consent agreement. We have had countless meetings with the City Attorney, with the
City Manager, with each of the Commissioners. And, Mr. Mayor, we went through this
agreement line by line with you in a very lengthy meeting with the PULSE members, with many
of the ministers that are members of PULSE, and with the City Attorney on the phone. And, you
actually raised the issue of the attorney fee provision and the evil attorney fee provision that is in
this agreement is based upon the attorney fee provision that was in the Palm Beach, the West
Palm Beach consent decree on a very similar situation. And what it simply says is what most
attorney fee provisions say in any kind of a legal settlement which is that, as the prevailing
parties that PULSE is entitled to have its attorney fees and cost paid. That if the City could not
agree on the amount, that that amount would be determined by the court and by the judge. The
City Attorney addressed the issue with you, Mr. Mayor, of actually placing a cap on the amount
116 January 16, 1997
of attorney fees which you, Mr. Mayor, had asked him about and the City Attorney had
expressed to you at that time that he did not feel that it was necessary because the judge is the
ultimate arbitrary of what is reasonable and what is not. If I was out to make a lot of money, and
if I was not looking out for the best interest of my client, I would just continue to litigate. I
would have continued to litigate all along, and attorneys who do this type of lawsuit, of whom I
have spoken to many, tell the that the average attorney fee awards for prevailing parties in these
actions are somewhere between five hundred thousand ($500,000) and one million dollars
($1,000,000). I can tell you that the City of Miarni Beach successfully defended a lawsuit to
force districting but the attorney who represented ihc•. City in that lawsuit, billed the City one
million dollars ($1,000,000) plus. The City also incurred over one hundred dollars ($100,000) in
costs in that lawsuit. The City of... in the School Board districting lawsuit which was settled,
the attorney who represented the plaintiffs tell me that they incurred over one hundred thousand
($100,000) simply in cost alone, in that. And of course, in the settlement the School Board
ended up paying those costs. By approaching the Commission at the beginning rather than after
I had incurred five hundred thousand ($500,000) to one million dollars ($1,000,000) in attorney
fees, I felt that it was in the best interest of my client and the black community to try and resolve
this quickly. And, since all of the Commissioners had expressed that to do districting; was in the
best interest of the City, we did what one of the Commissioners who, I won't narne him, said was
calling everyone's bluff. And lie said that by proposing this consent agreement, I was calling
everyone's bluff and that there was no way ever that the City was actually going to enter into this
agreement because there was no way that the City was going to actually put in writing that they
were going to agree to districts and do it by a date certain. Now, what this agreement has
proposed and what we have explained to each Commissioner - in a virtually line by line
explanation - we've answered every question and in a meeting which we had yesterday with the
City Attorney in which the City Manager essentially acted as a mediator, we went through it for
another two hours and addressed every single concern of the City Attorney and agreed to every
change that they had asked for and negotiated that. And, the City Attorney, who is my opposing
counsel on this, felt that this was a reasonable agreement. Essentially, what it says is this, the
City agrees to the concept of districts. The City will have until March 31st, which is the date
that you, Mr. Mayor, asked for. We had originally proposed February 28th, and you, Mr. Mayor,
asked us to give the City the consideration of an additional month, and so we agreed to that. All
right, until March 31st, to come up with a plan that everybody can agree to on the cons on how
to draw these districts. What is left open, and I beg to disagree with you, Commissioner
Plummer and I'll address this in a minute as to where it does come up, what is left open is the
number of districts and how they're going to be drawn. The agreement then says that the lawsuit
will be stayed until March 31st, during which time we will attempt to come up with an
agreement. The Commission that is going to be set up by the City, will then attempt to come up
with a plan that everybody can agree to. If the parties cannot agree to it, and at that point all
options are open, and we've expressed to each Commission and to the City Attorney and to the
City Manager that we are open to any reasonable plan. We have nothing set in stone as far as
what we have in mind. In fact, we have not hired a line drawing expert because we were hoping
that we could resolve this amicably and that we could all use the same person to come up with
some plans and see what would work. However, what we did is that, if it is not resolved by
March 31st, then we submit it to the District Court Judge solely on the issue on how we're going
to draw the lines. At that point, we put in the agreement that the number of districts that the
court would draw would be fixed. The sole reason that we put in a number, is because we felt it
would be incredibly expensive for the City if we had experts that were proposing an infinite
number of plans. The agreement provides that the City would pay for the experts to present to
the court what these plans would be. If the experts are asked to draw 20 different plans with
different amounts of proposed Commissioners it would be very expensive. By specifying a
number, and the number is basically a number that I, in my judgment, felt by looking at the map
was how it was going to end up anyhow but also from talking with the Commissioners, it was
kind of a consensus that I felt from the Commissioners was the number that we would probably
end up with or somewhere near that. So, six was the number that we picked and, because that
117 January 16, 1997
mow.
( way the judge does not have to decide the number but only the structure of the districts. At that
J point the experts would present the proposed plans to the judge and the judge would decide on
the structure of the districts only. That's it. That's the plan. That's the proposal. It's basically
i based upon on the West Palm Beach consent decree. The only thing different being the two
paragraphs, paragraphs six and seven will set up the proposal for structuring the agreement and
how.we're going to submit it to the court. If we don't agree upon it, the Palm Beach, the West
Palm Beach plan, of course, actually they had already agreed upon the district structure and so
they put that into the plan. So, instead of the actual structure of the districts, we put in
paragraphs six and seven. That's it, in a nutshell. This agreement will save the City a lot of
money, and attorney fees on both sides while everybody tries to come up with an agreement. If
the City does not agree to this, then of course, like any other lawsuit, like the two personal injury
lawsuits that you settled for ninety thousand dollars ($90,000) total, the lawsuits will continue.
At that point, yes, there will be depositions. There will be discovery just like anything else.
Things will proceed as normal. Yes, we have a deposition notice that we have sent out in case
this settlement did not go through. We felt that it probably would go through until we met with
the City Attorney yesterday and he informed us that some Commissioners had expressed with it,
which we found to be surprising because four out of the five Commissioners, when we met with
you individually, told us they would support the plan. The City Attorney and I have met for
imany, many, many hours oil this. We've worked out what, I think we both agree, is a pretty
good plan. It saves the City money. If the City was to even draw districts without entering into
1 some sort of settlement agreement with us, under the case law we are still deemed to be the
prevailing parties, at which point then the court would determine the amount of attorney fees to
be paid. If I wanted to get rich off of this, I would never have approached the Commission with
a proposal like this. I'm simply trying to do what's in the best interest of my clients, PULSE and
the black community, and this City. And in a gesture of fairness and in an attempt to resolve it
we have, what I could only consider to be the highest measure of good faith - met with each of
you for hours on end. Some of you have kept us waiting for three hours before you even showed
up for scheduled meetings and yet we waited. We met, we dealt with everyone of your issues.
That's about as far as we can go. I don't know what more we can do. As to your suggestion,
Mr. Mayor, that I work pro bond, well, a wise man named Abraham Lincoln once said that a
lawyer's time and advise are his stock in trade. This is how I make my living. I have been to
I many City Commission meetings where many professionals have come in front of you. And I'm
the first one that you've ever asked to not make their living the way they make their living. I
find that offensive. I'm very upset about it. It's the first time it's been raised and to offer to hire,
to get another attorney for my clients pro Bono, I wonder if you did that in the personal injury
suits that you just settled for ninety thousand dollars ($90,000).
Mayor Carollo: Well, Donna I am sorry, but this is the first time in 100 years that the City of
Miami has had a financial crisis like this. And I figure, since you so much wanted to help the
African -American community, have representation up here, you won't mind helping pro Bono on
this one. But, I'm sorry you were offended.
Ms. Ballman: I've represented PULSE for four years. I've done many cases pro bono. This
case is going to involve thousands of hours of my time. I would have to declare bankruptcy. If
the Commission wants to pay my bills, I'd be delighted to do it pro Bono. And I would like to
also say that Mr. Tew, who is helping this City in a case the Commission just agreed to pay him
twenty-five thousand dollars ($25,000), just for advise on how to handle the Oversight
Committee, and also agreed to, in the process give him a contingency fee. Arrangements for
suing various parties that it deems to be responsible for the financial crisis on a contingency
basis, which could be worth hundreds of thousands, if not millions of dollars in attorney fees. I
notice that the Commission did not ask Mr. Tew to represent it on a pro Bono basis, and I would
suggest that if the Mayor has so many attorneys that are willing to do pro Bono work, then
maybe they want... the Commission could get them to do Mr. Tew's job instead of Mr. Tew for
the twenty-five thousand ($25,000).
118 January 16, 1997
Liar.I
Mayor Carollo: Mr. Tew hasn't...
Commissioner Plummer: I take exception to the comment you made that we hired Mr. Tew to
i tell us how to handle the Oversight Committee.
Mayor Carollo: We did not hire him for that, you're correct.
Commissioner Plummer: Absolutely. And I don't want the inference to go out that we are
fighting the Oversight Committee. And, that we hired a lawyer to fight on our behalf or show us
how to handle them. That was never my understanding why we hired Mr. Tew.
Mayor Carollo: Well, that's totally an inaccurate statement that she made Commissioner. We
all know why lie was hired by the former Manager that brought him in. He has not been given
any kind of a contract outside of that. You know, I'm not going to get into this tit for tat that she
wants to bring this Commission to. I think all of us have expressed ourselves. Unless anyone of
you feel differently than what you've already expressed, I'm ready to move on to item 25. OK,
we're moving on to item 25. Thank you.
Ms. Ballman: We tried.
Ms. Esther Mae Armbrister: Just a moment, please before you begin.
Mayor Carollo: Yes, ma'am. For you, I'll always give time.
Ms. Armbrister: Mr. Mayor and Commissioner. This is something that's getting out of hand.
Before you select somebody to represent the entire Coconut Grove - you called Ms. Athalie
Range's name, you called Ms. Gibson's name. We, in Coconut Grove will appreciate you
coming out or sending somebody else out to hear what we've got to say as far as a
representative on that particular board. Because these two people cannot represent us. I've
talked to some of the officials one day last week, a City official, and I asked them to do
something for us as far as be giving us the correct information. They promised that they would
do it, so, we are holding them responsible to give us the correct information that we need. Thank
you, very much.
Mayor Carollo: Thank you, Ms. Armbrister. Good seeing you again, ma'am.
Mr. Jim McMaster: Jim McMaster.
Mayor Carollo: Jim, we're done with this item.
Mr. McMaster: Yes, sir. Two minutes, please?
Mayor Carollo: No, sir. We're done with this item. We're coming to 25.
Mr. McMaster: Can I speak, Mr. Mayor?
Mayor Carollo: No, sir. You're out of order.
Mr. McMaster: I'm not allowed two minutes?
Mayor Carollo: You're out of order, Jim. We're on item 25, right now.
Mr. McMaster: I haven't spoken. I spoke once this morning or was it twice?
119 January 16, 1997
Mayor Carollo: Jim, you speak every meeting as long as you like to. We're going to item 25.
I'm not going to let you now, to interrupt our meeting. You're out of order. Item 25.
Mr. McMaster: Well, I'll let it slide this time, sir.
NOTE FOR THE RECORD: Done by item 5 (same)
i
Vice Mayor Regalado: Yeah, item 25, has been dealth with in the morning. We had Captain
Eduardo Ferrer and the Commission instructed...
Commissioner Plummer: That's been done.
Mayor Carollo: OK. He took it out of order. OK, item 25, then the next...
I Vice Mayor Regalado: That was under personal appearance.
----------------------------------------------------------------------------------------------------------------
25. REFER TO STREET CODESIGNATION REVIEW PROPOSED
CODESIGNATION OF N.W.3 STREET AS JOSE A. COLMENARES WAY.
Mayor Carollo: Yeah, that's right. We did do that before. Then we're on the next item.
Vice Mayor Regalado: Mr. Mayor, remember that we need to deal with the issue of members of
board who are working in the Commission or committee to abolish the City of Miami.
Mayor Carollo: OK, let's deal with all the pocket items that we have, because the rest that we
i
have left in the agenda is us naming members to different boards. Some of us might...
Commissioner Plummer: Or removing some.
Mayor Carollo: .. be ready and some maybe not in others. So, I'll open up to pocket items.
Hopefully, we could hear from the ones that we could approve right away before getting into the
ones that we might have to discuss a little more.
Vice Mayor Regalado: A very simple pocket item.
Commissioner Plummer: No pocket items are simple.
Vice Mayor Regalado: Yes, this one is. There was a street Northwest 8th Avenue and 3rd
Street, for 35 years Mr. Jose Culmenares lived there. He died last year. He worked for the City
of Miami. He was a Cuban exile leader and also a very active community leader. I'm requesting
this Commission to name the area of Northwest 8th Avenue and 3rd Street, as Jose Culmenares
Way.
Commissioner Plummer: Move to send it to Committee.
Commissioner Hernandez: Second.
120 January 16, 1997
0
Mayor Carollo: All in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-23
A MOTION REFERRING TO THE STREET CODESIGNATION REVIEW
COMMITTEE PROPOSED CODESIGNATION OF N.W. 3 STREET BETWEEN 8
AND 12 AVENUES, AS "JOSE A. COLMENARES WAY."
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
-- -------------------------------------------------
26. APPROVE PAYMENT FOR SERVICES IN CONNECTION WITH URBAN
SEARCH AND RESCUE TEAM (USAR TEAM)
ACTIVATION/DEPLOYMENT DURING 10/95 AND 7/96 -- ALLOCATE
FUNDS ($74,485., FROM ACCT. CODE 01220210158, DEPOSIT IN ACCT
280601-270).
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, I have two pocket items of which neither one really are
mine. The first one is in reference... I have to admit, I don't know what the hell it means, but
that's what's here. I so move.
Mayor Carollo: That's not one of Captain Longueira's pocket items, is it?
Commissioner Plummer: No, this is Fire Department. This is...
Mayor Carollo: OK, well he must be coaching them.
Commissioner Plummer: Juan Gimenez here... I so move.
Mayor Carollo: There's a motion.
Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Hernandez. All in favor, signify by saying "aye."
121 January 16, 1997
giw
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-24
A RESOLUTION APPROVING PAYMENT, IN A TOTAL AMOUNT OF $74,485,
FOR SERVICES PROVIDED BY CERTAIN INDIVIDUALS, AS HEREIN
SPECIFIED, AND TUCKER TRANSPORTATION COMPANY, IN CONNECTION
WITH THE URBAN SEARCH AND RESCUE TEAM (U.S.A.R. TEAM)
ACTIVATION AND DEPLOYMENTS ON OCTOBER 4-10, 1995 (HURRICANE
OPALO, AND JULY 12-19, 1996 (ATLANTA, GA.); ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE 01220210158 AND DEPOSITED INTO
ACCOUNT CODE 280601-270; AUTHORIZING THE CITY MANAGER TO
PROCESS PAYMENT FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
--------------------------------- ------------------------------------------------------------------------------
27. APPROVE REVOCABLE PERMIT FOR DIRECTIONAL SIGN IN
LOCATING GROVE ISLE AND MARKS PLACE ALONG SOUTH
BAYSHORE DRIVE.
Commissioner Plummer: Mr. Mayor, the other one I have is really, I guess, not a pocket item
but it is. You recall, that this Commission by virtue of the ruling of the City Attorney sent to the
HEP (Historical and Environmental Preservation) Board in reference to a sign for Mark's Place
in the Grove, at Grove Isle. This Commission was all in favor of allowing a sign to be put up
there.
Mayor Carollo: That's correct.
Commissioner Plummer: But we said "hey, you've got to go through the process." And that
process says it has to go through the HEP Board. The HEP Board saw fit as they do on 99
percent of the items, to turn it down. And, it's back now in our laps to do something... You
know, we're talking about the request of the applicant of a sign not to recede 30 inches by 30
inches. I mean, we're not talking about a... It's riot neon, it's not...
122
January 16, 1997
Mayor Carollo: I was one that was in favor of finding a way to, putting that sign up. I mean it's,
you know...
Commissioner Plummer: All right, well, Mr. City Attorney, the HEP Board has turned it down.
Are we in a position of approving? Well, I don't know where: the hell that came from.
Ms. Lucia Dougherty: I put it there.
Commissioner Plummer: You put it there. I mean, are we in a position where we can approve
or we can't?
Mr. Jack Luft (Director, Community Planning and Revitalization): I'm not sure, Commissioner.
Commissioner Plummer: You're not sure. OK. Then, what we do then is send it back to you to
make sure or not to make sure?
Mayor Carollo: Well, madam, termer City Attorney.
Ms. Dougherty: Hello, Mr. Mayor. Members of the Commission, Lucia Dougherty with offices
at 1221 Brickell Avenue. I believe that you sent this to the HEP Board in their capacity to advise
the City Commission on all matters related to use, administration, maintenance of environmental
preservation districts and this is simply advisory. You did not... They do not have jurisdiction to
approve signs oil the right-of-way because it is not what is called a "development activity" which
has a specific definition. So, I believe that it's your prerogative to now permit this as a revocable
permit on the City right-of-way and that's what we would ask you to do. We would revoke it at
any time that you want to, if it becomes a problem, if it's a danger of any sort of a problem
whatsoever, I think, you know, it's fully revokable at your will.
Commissioner Plummer: This is not proposed for the right-of-way.
Ms. Dougherty: This is on the right-of-way, yes.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Well, right now we don't. I mean, by our code,
we don't allow any signs in the right-of-way.
Ms. Dougherty: That is not true. As I pointed out the last time, no advertising signs are
permitted and this is a directional sign.
Commissioner Plummer: Well, that's... We disagreed about that the last time. So, you know.
Ms. Dougherty: This is the sign that Jack Luft at our last meeting said that he would find
acceptable, as long as we took the restaurant designation out. I believe that you said that this
sign would be permissible, in your opinion.
Commissioner Plummer: Hey, you know, why are we... There's got to he an answer to this
thing. I mean, we're...
Mayor Carollo: Well, you know what the answer might be? Go to the Miami Arena and see all
the signs they made themselves, and green and white like that. They put in extra "Stop" signs.
There was no discussion, no complaining.
Commissioner Plummer: All right, hold. Joe, I'm going to make it easy. I'm going to make it
easy for you, OK. I'm going to move approval of this sign unless the City Attorney finds a legal
impediment that says we can't do it. Now, if he says that, then I can't vote for something that he
I
( 123 January 16, 1997
says is illegal, who would have to defend me in court? So, I am going to move that this matter
be approved. If in fact, it comes back, if there is a legal impediment that says that we are
prohibited from doing such, by the City Attorney, then it comes back before the City
Commission. I don't know what else to do.
Commissioner Gort: Second.
Mayor Carollo: Yeah, that's a fair motion which has been seconded by Commissioner Gort. All
in favor, signify by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-25
A MOTION APPROVING A REVOCABLE PERMIT, SUBJECT TO LEGAL
APPROVAL BY THE CITY ATTORNEY, FOR PLACEMENT OF A DIRECTIONAL
30' BY 30' SIGN TO ASSIST MOTORISTS IN LOCATING GROVE ISLE AND
MARKS DESIGNATION ALONG SOUTH BAYSHORE DRIVE RIGHT-OF-WAY.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Wifredo Gort
4Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
28. FIRST READING ORDINANCE: AMEND CHAPTER 42 OF CODE --
CREATE ARTICLE VI, SECTIONS 42-82 TO 42-87, "VEHICLE
IMPOUNDMENT" -- PROVIDE FOR ADMINISTRATIVE PENALTIES FOR
USE OF VEHILCLES -- FOR PROCEDURE FOR REVIEW OF
IMPOUNDMENT DECISION -- FOR PROCEDURE FOR DISPOSITION OF
UNCLAIMED VEHICLES -- PROVIDING CODIFICATION CLAUSE. --
FURTHER, PROVIDE WEEKLY PROGRESS REPORTS TO
COMMISSIONERS ON NUMBER OF IMPOUNDED CARS.
Mayor Carollo: OK, any more easy pocket items that you have, Commissioner?
Commissioner Plummer: Sir, I have none. Neither one of these were mine. I mean, you know
No, I have no more.
124
January 16, 1997
Mayor Carollo: Commissioner Gort?
Commissioner Plummer: I mean, I assume somebody is going to bring up the one...
Commissioenr Gort: J.L., just give me...
Commissioner Plummer: Is somebody going to bring the ones for the Police Department?
Commissioner Hernandez: I am.
Mayor Carollo: Yes, I have them.
Commissioner Plummer: OK, OK.
Commissioner Gort: ... going to take an easy one. I think both of mine is going to take
discussion from staff.
Mayor Carollo: Go ahead, Commissioner.
Commissioner Gort: Mine is going to take discussion from staff.
Mayor Carollo: OK, let me bring then up, the two that I have for the Police Department. Let me
go with the proposed ordinance for vehicles impounding. This will be on the first reading. And
the next would be scheduled at the next regular Commission meeting.
Commissioner Plummer: Why can't we do it as an emergency?
Mayor Carollo: Can we do it as an emergency, Mr. City Attorney?
I
Commissioner Plummer: The vehicle impoundment.
Mayor Carollo: I'm not sure if we could or not?
Police Capt. Longueira: It requires to set up a process and stuff, and we have a lot of work to do.
Commissioner Plummer: Well, let me tell you something. You guys are sitting around and
you're not moving quick enough as this Commission is trying to do, OK. This is five hundred
dollars ($500) for every vehicle that you confiscate, plus towing fees for a vehicle that was used
in the commission of a crime, a felony, I understand, all right? The minute you go out there and
you pick up 50 cars because they had cocaine in them, you're going to send one hell of a
message to this community, all right? Until such time as that happens, in my estimation, we're
going to be whistling in the dark. All I'm saying to you is, if we can do it in an emergency basis
Joe, let's do it.
Vice Mayor Regalado: Mr. Mayor, I fully agree with J.L. And not only that, the perception that
the public is getting is that the Commission is not moving as fast as it should. And all these
issues, this is a very effective tool to fight crime. So, if we can start doing this tonight.
Mayor Carollo: Let's take it as an emergency ordinance and all that I can say is the police
i administration better hurry up and finish it up between now and tomorrow.
Commissioner Plummer: I second the motion. Can I... You know, because there are people
i watching on Channel 9. Correct me, Mr. Chief of Police, if I'm wrong. If your kid is out and
125 January 16, 1997
i
t
that cocaine is found in his car, whether we arrest him or we don't, the cocaine in that car, we're
going to confiscate that car and it's going to cost them five hundred dollars ($500) plus towing
fees to get it back, am I correct?
Police Chief Warshaw: Yes, that's partially correct.
Commissioner Plummer: Tell me where I'm wrong.
Police Chief Warshaw: When you talk about confiscating the car, there were certain
circumstances under which we confiscate the car and then keep the car through a civil forfeiture
proceeding and then move on keeping the car and never giving it hack. What we're talking
about now, is vehicles that are used in buying of drugs, prostitution - where police officers have
probable cause to believe that these individuals are involved in using their vehicles in this
criminal act. We would then seize the car, hold the car and there would he a five hundred dollar
($500) line in effect that would he payable to the City plus towing charges before we would give
the car back. This is irrespective of what might eventually happen in a criminal court of law.
Commissioner Plummer: Of the TV audience that's watching Channel 9, mom and dad better be
aware. If your kids are out buying drugs, we're going to confiscate that car and it's going to cost
you a minimum of five hundred dollars ($500) to get that car back plus maybe some jail time for
your kid. So, don't say that it hasn't been forewarned. Forenotice is given. We're definitely
going to move on it and we're going to enforce it to the nth degree.
Vice Mayor Regalado: Well, what if they don't pay their fine? Do we keep the car?
Police Chief Warshaw: That's correct. And then we would dispose of the vehicle and then the
proceeds would, you know, come to the City.
Mr. A. Quinn Jones, lti, Esq.: Mr. Mayor, if I might? You asked whether we could take this up
as an emergency? The only problem I have, is that I'm told you really don't have the
mechanism, the due process mechanism which allows for a hearing, is not in place yet. So, if
you pass it as an emergency and start enforcing we're going to have problems.
Police Chief Warshaw: OK. And, Mr. Mayor if you recall, at the last meeting, when we talked
about this being part of the matrix effective on March the 1st, we said we would bring it back
today and the reason for this additional 30 day period is, there needs to be a hearing mechanism
set up so that the public would have an appeal. We have constructed that mechanism into this
ordinance and now, once it is approved by you we will then go to work to in effect, hire these
referees or hearing officers who will basically be making the decision as to whether or not the
vehicle and the fine reversed to the City. So, I mean, we have to take this one step at a time. We
can't do that until you approve the ordinance.
Mayor Carollo: Chief, you're right. That's what you had told us before, except this
Commission is trying to move as quickly as we can on every single item that is going to produce
any revenues. So, I understand that also.
Commissioner Hernandez: Mr. Mayor, can we?
Commissioner Plummer: All right.
Commissioner Gort: Can you amend it to pass an emergency with the condition, the...?
Commissioner Hernandez: Effective date.
126
January 16, 1997
Commissioner Gort: .. effective date when we get the...?
Commissioner Hernandez: .. for due process.
Commissioner Gort: .. due process?
Mr. Jones: Let me just say this. I think, and I mean, certainly it's just a concern that I have that
you're about to pass something of course, that has great public import and if I can be so
solicitous as to ask you to pass this on first reading, and have second reading on the 13th and
give the public, if they have any...
Mayor Carollo: All right
Commissioner Plummer: That's fine.
Mayor Carollo: Mr. City Attorney, I understand what you're saying. We'll pass it on first
reading. Let's move on. We, you know, we've got to move on. I've heard from the police
chief, I've heard from you. We all would like to approve this today but, I understand that we
can't. So, let me read it so we can get it approved on first reading.
Commissioner Plummer: Starting when?
Mayor Carollo: Well, we're going to bring it back on second reading.
Mayor Carollo: But what's the effective date?
Commissioner Gort: It would be determined the second...
Commissioner Plummer: Yeah, but remember after the second reading then it doesn't become
law for 30 days.
Mr. Jones: Pick it up as an emergency item the next...
Commissioner Plummer: I mean, what's the effective date guys?
Mr. Jones: For the second reading we do it as an emergency.
Police Chief Warshaw: OK, you want to state that Quinn or you want me to?
Mr. Jones: Yeah, what you can do is that, because of the great, urgent need to get this done,
schedule it for the 13th and you take it up as an emergency, pass it as an emergency ordinance.
Commissioner Plummer: That's fine.
Police Chief Warshaw: And make it effective immediately then.
Commissioner Plummer: That's fine. We're going to use the Orange Bowl to stock up all those
cars.
Mayor Carollo: There's a motion by Commissioner Plummer.
Vice Mayor Regalado: Second.
Mayor Carollo: Second by Vice Mayor Regalado on this ordinance that I read. Can you call the
roll, Mr. Clerk?
127 January 16, 1997
Mr. Walter J. Foeman (City Clerk): Commissioner Plummer?
Commissioner Plummer: I would like a proviso that when this ordinance is implemented, that
this Commission will receive a weekly report as to how many cars you've been able to
confiscate. I vote, yes.
An Ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 42 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, BY CREATING ARTICLE VI, SECTIONS 42-82
THROUGH 42-87 TO BE ENTITLED: "VEHICLE IMPOUNDMENT"; SETTING
FORTH CIRCUMSTANCES UNDER WHICH VEHICLES MAY BE IMPOUNDED;
PROVIDING FOR AN ADMINISTRATIVE PENALTY FOR THE USE OF
VEHICLES UNDER CERTAIN CIRCUMSTANCES, A PROCEDURE FOR REVIEW
OF THE IMPOUNDMENT DECISION, AND A PROCEDURE FOR DISPOSITION
OF UNCLAIMED VEHICLES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR INCLUSION IN THE CITY CODE.
was introduced by Commissioner Plummer, seconded by Vice Mayor Regalado, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
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.
----------------------------------------------------------------------------------------------------------------
29. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR POLICE
DEPARTMENT -- FOR DOMESTIC VIOLANCE ADMINISTRATOR AND
TWO SENIOR COUNSELORS -- ALLOCATE FUNDS ($74,921. FROM
DOMESTIC VIOLANCE INTERVENTION GRANT).
Mayor Carollo: This is a resolution. This is going to be a resolution on domestic intervention,
professional service agreement. I'm going to move it with the amendment that displaced, any
displaced City employee with social work, psychology background and otherwise be eligible or
given preference for these positions that we're going to have.
Commissioner Plummer: Second the motion.
Mayor Carollo: OK, all in favor signify by saying "aye."
128 January 16, 1997
The Commission (Collectively): Aye.
Mayor Carollo: Captain Longueira, do you have any other easy pocket items?
Police Cant. Longueira: No, sir.
Mayer Carollo: Thank you.
The following resolution was introduced by Mayer Carollo, who moved its adoption:
RESOLUTION NO. 97-26
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
PROFESSIONAL SERVICE AGREEMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH A DOMESTIC VIOLENCE ADMINISTRATOR AT AN
ANNUAL ANIOUNT NOT TO EXCEED $36,750.00, AND TWO SENIOR
COUNSELORS, AT AN ANNUAL AMOUNT NOT TO EXCEED 19,085.50 EACH,
FOR THE DEPARTMENT OF POLICE, FOR A PERIOD OF ONE YEAR EACH,
WITH THE OPTION TO EXTEND EACH AGREEMENT FOR TWO ADDITIONAL
ONE YEAR PERIODS; ALLOCATING FUNDS THEREFOR, IN A TOTAL ANNUAL
AMOUNT OF $74,921.00, FROM THE DOMESTIC VIOLENCE INTERVENTION
GRANT, AND THEREAFTER TO EXTEND SAID AGREEMENTS FOR TWO
ADDITIONAL ONE YEAR PERIODS AT THE SAME PRICE, TERNS, AND
CONDITIONS, SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J. L. Plummer, III
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
30. DIRECT TEATRO MARTI ADMINISTRATION TO PAY ALL TAXES DUE
WITHIN 30 DAYS -- TO PROVIDE DOCUMENTS TO LOAN HOLDER
(MIAMI CAPITAL) -- INITIATE FORECLUSURE IF ABOVE
STIPULATIONS ARE NOT MET.
Commissioner Gort: Yeah, I've got two pockets. And, first of all I want to welcome
councilman Pepe Yedra from Hialeah. I hope you enjoyed this a little hit. Sorry, we didn't call
you before, but since you're a pocket itern, you were not part of the schedule and I was not able
129 January 16, 1997
i
to call you out of order. I have the request from the Teatro Marti, Mr. Capote. He has to speak
on a problem he has and I think we have staff here also.
Mr. Ernesto Capote: I am sorry, I need the people who speak English to be an interpreter for me.
Vice Mayor Regalado: I can do that.
Mayor Carollo: OK.
Vice Mayor Regalado: Why don't Pepe, why don't you speak over here?
Mayor Carollo: Well, you can't have him translate for him.
Mr. Raul Martinez: OK, from my reading of my copy of the letter. My name is Raul Martinez.
I am the Acting Executive Director of Miami Capital Development, Inc.
Mayor Carollo: Yeah, but you can't have Raul translate for him. Raul's on the other side
expecting to get the money from Miami Capital.
Commissioner Gort: Chief Gimenez.
Mayor Carollo: Yeah, why don't you get.
Commissioner Gort: Chief Martinez...
Mayor Carollo: I don't care, any of the chiefs could do it.
Asst. Police Chief Martinez: That's fine. Do you want me to go first?
Mayor Carollo: Why don't you go ahead and explain his case and you translate for him.
Mr. Capote: COMMENTS IN SPANISH.
Asst. Police Chief Martinez: My name is Ernesto Capote, I am the owner of Teatro Marti. He's
been there for over 30 years. The Teatro Marti is asking for an moratorium. They've asked the
bank and they said they're in favor of this. At this moment we need help from the Honorable
Mayor, of the Commissioners, and the City Manager. If they can't get a moratorium, they would
like to have an agreement that the theatre can go forward. Since this place has 30 years of
history, where we have actors coming over here that don't speak the language, just like the
Cuban artists. The Cuban artists who have taken their first steps there have continued their steps
in other places. When we talk about Teatro Marti, it's just not one theatre, you're talking about
five in one building. And in addition to restaurants, six offices, it's a large building. It needs
some repairs but the economy hasn't allowed us to do the repairs. But I give you my promise,
having been there for 30 years, that we'll make this possible.
Mr. Capote: COMMENTS IN SPANISH.
Vice Mayor Regalado: COMMENTS IN SPANISH.
Commissioner Hernandez: Ask him how much money he was required to invest when he had to
do the improvements, requested by the Fire Department?
Asst. Police Chief Martinez: COMMENTS IN SPANISH.
130 January 16, 1997
i
Mr. Capote: COMMENTS IN SPANISH.
Asst. Police Chief Martinez: He had to ask for a loan for two hundred thousand dollars
($200,000) to make the repairs.
Mr. Capote: COMMENTS IN SPANISH.
Asst. Police Chief Martinez: He said that affected him financially, tremendously because he
already owned two hundred thousand dollars ($200,000) on it.
Mr. Capote: COMMENTS IN SPANISH.
Asst. Police Chief Martinez: But, he continued to work real hard to make this a success.
Mr. Capote: COMMENTS IN SPANISH.
Asst. Police Chief Martinez: He says at the same time as the Commissioner and the Mayor work
real hard to save the City, to allow him to continue to work hard to save Teatro Marti.
Mr. Martinez: Could I state the facts on behalf of Miami Capital?
Vice Mayor Regalado: Sure.
Mr. Martinez: Miami Capital has been helping Teatro Marti since back in 1991, when the first
two hundred thousand dollar ($200,000) loan was approved. Then subsequently, when he was
under pressure, we took a third position in 1991. In 1995, in March 31st 1995, he was under
- pressure on the first and second mortgage. Particularly, the second mortgage. And the
Department of Community Development of the City of Miami directed Miami Capital to, please
further help Mr. Capote and Teatro Marti. So, we restructured the whole loan facility into a
single loan for four hundred and one thousand two hundred and fifty dollars ($401,250). Now,
neither at that time, nor today, have we received any financial information depicting any cash
flow or profitability from Teatro Marti. Everything has been predicated on the cultural issue,
and of course helping Mr. Capote, which we all admire and respect in his fruitful labor.
However, as we speak today, the loan is past due for 13 months. We have initiated foreclosure
proceedings because we're obligated by due diligence to protect our collateral. Mr. Capote and
Teatro Marti are behind in real estate taxes as we speak today in the amount of thirty-three
thousand dollars ($33,000). We have also provided as much technical assistance and advise to
Mr. Capote, since I took over Miami Capital on August 16th as recommending the sale of the
property. Letting him know that it's one thing to operate a theater and the other thing is to be a
real estate owner. We believe he has sufficient equity in that building that if the building is sold,
we can now at least break even and protect the interest of, you know, Miami Capital, which is
the financing arm of the City of Miami. Was this to be approved, it would jeopardize the value
of our collateral which is eroding as taxes accrue 18 percent interest. Right now, the assessed
value of the property is four hundred and fifty-six thousand dollars ($456,000). The amount
owed between us and the taxes is four hundred and forty thousand dollars ($440,000), round
figure. So, if we delay this issue, we only stand to lose, that is Miami Capital of course, and the
City of Miami since we're sub -recipients of CDBG (Community Development Block Grant)
funds for the City. I beg of this Commission to, please listen to our situation and give us the
opportunity of working this out. I propose to continue with our lawsuit, continue with our
foreclosure. We have ways of trying to sell the property for its highest and best use, which will
be residential use. We could work with East Little Havana Development Corporation, of which
Mr. Capote is a board member. We could try to even keep the theater open on the first floor.
That is, we could... We want to help Mr. Capote but we have to protect the interest of Miami
Capital and of course, of the City. So, please listen to our arguments because we believe they're
valid.
131 January 16, 1997
Commissioner Plummer: Is the loan totally held by Miami Capital?
Mr. Martinez: Yes, sir, we hold the first position.
Commissioner Plummer: Can we override Miami Capital and tell you to forego the interest for
two... I mean, can we do that? Or, can we ask you to do it and you may or may not do it? I
don't know what our authority is?
Commissioner Hernandez: Well, the...
Vice Mayor Regalado: Commissioner Hernandez.
Commissioner Hernandez: Mr. Martinez, what, you said you went to a third position?
Mr. Martinez: No, no. We have a first position right now. When we first got into Teatro Marti
back in 1991, we went with a third mortgage with two hundred thousand dollars ($200,000).
Then, he was under pressure by the second mortgagee which was, I have a name here,
Interamerican Bank, which was foreclosing on the property. And in order to protect their
interest and also help him out, we consolidated everything into one, single, first mortgage loan of
four hundred and one thousand dollars ($401,000). So, I mean, I am sure Mr. Capote, who is an
honest man, could tell you that we've helped him way beyond the call of duty in all our financial
extensions to him.
Commissioner Hernandez: In the past hasn't Miami Capital, and I know other departments have,
hasn't Miami Capital in this case, you're saying they're 13 months behind, right?
Mr. Martinez: Thirteen months behind.
Commissioner Hernandez: Haven't they pushed these 13 months to the end of the actual
mortgage term period, and given them in that sense the 13?
Mr. Martinez: Well, if the Commission wants us to do that, we could possibly consider it. The
problem is, that at this point, we're just breaking even. That is, there is not sufficient equities
should we wait any longer.
Commissioner Hernandez: Right.
Mr. Martinez: And, you know, we are obligated by due diligence to protect our position. We
had no other choice.
Commissioner Hernandez: What about? Commissioner Gort... what about taxes, what is the
status on that?
Mr. Martinez: Well, he's behind. I have been begging of him that I could even try to restructure
the loan if the taxes were made current. But he has come with thirty-three thousand dollars
($33,000) to pay tax.
Commissioner Plummer: How many years is that, it represents? '
Mr. Martinez: I believe, you know, the information I requested this morning from our attorney, I
believe it's '95 and '96 at least.
i
Commissioner Plummer: Have the tax deeds been sold on the Court House steps?
132 January 16, 1997
Mr. Martinez: They have not been sold yet. They are accruing at 18 percent.
Commissioner Hernandez: Ninety-five should be coming up now.
Mr. Martinez: Right. Now, we do have a serious problem and once again, and I apologize for
saying this.
Commissioner Plu nmer: Eighteen percent is going to eat you alive.
Mr. Martinez: Of course. They were twenty-three thousand dollars ($23,000) until September,
you know, when we first referred it to our attorneys, to counsel. And, they've already gone an
additional ten thousand dollars ($10,000) in a matter of three months. Now, unfortunately, we're
dealing with a good man, but the thing is not viable. The business is not viable. And the
property is not being used to its highest and best use.
Commissioner Hernandez: All right. What if lie would agree to pay the hack taxes, '95 and '96?
Mr. Martinez: Well, he has agreed verbally with me and we've worked this out, or we have tried
to work this out since August 16th through everything, but lie doesn't deliver anything.
Absolutely nothing. He promised that when he came back from New Jersey, that he was having
some productions over there, that he would put the loan up-to-date. He couldn't do it. You
know, we haven't even received any financial information that's due to us since 1991, Mr.
Commissioner. So we don't even, we can't even determine how much he's making or how
much money he's losing.
Commissioner Plummer: Well, I'll tell you.what, I'm ready, OK.
Vice Mayor Regalado: Councilman. J.L., councilman...
Commissioner Plummer: Well, no, no, no. I don't even need to hear from this other man, all
right.
Mayor Carollo: We could hear from Councilman Yedra from Hialeah.
Commissioner Plummer: Well, OK, fine, you know, I... Fine, go ahead, I'm sorry. I apologize.
Mr. Jose Yedra: Yes, for the records, my name is Jose Yedra. I'm a Hialeah councilman, actor
and announcer. My address is 8165 West 9th Street, Hialeah. Teatro Marti is an historical
building. Most of the Cuban actors and actresses was working in that theater. I want to ask just
one question to Mr. Martinez, the manager of the bank. Mr. Martinez, please, how much money
Mr. Capote have to pay to the bank each month?
Mr. Martinez: Well, we're not a bank, you know. We're the financing arm of the City of
Miami. We're Miami Capital. Now, even in that, the letter submitted to...
Mr. Yedra: How much monthly he pays?
Mr. Martinez: OK, two thousand seven hundred and sixty-five dollars and thirty-two cents
(2,765.32). And he's behind 13 payments. And by the way, the letter given to the
Commissioner is inaccurate because it's not twenty-seven hundred ($2,700). It's two thousand
seven sixty-five thirty two ($2,765.32).
Mr. Yedra: You have the solution on your hands. If you're awaiting 13 months for the total
payments and the monthly payments is just two hundred, three hundred dollars ($300).
133 January 16, 1997
"14. XrY:.
Mr. Martinez: Two thousand.
Mr. Yedra: Sorry, two thousand dollars ($2,000). Maybe, we can give few months of
opportunity if Mr. Capote paid each month or every month, little by little. The month that he
owes you and the regular monthly payment.
Mr. Martinez: The problem is the taxes.
Mr. Yedra: In that way, sir we can conserve an historical building which keep our roots and we
have to fight for that roots and for that building. Thank you, very much. I know you have the
solution in your hand. Thank you, sir.
(APPLAUSE)
Commissioner Hernandez: Commissioner Plummer, this is what I was saying. If we can't go
with it, or he can't do it, then I guess we'll do it...
Commissioner Plummer: Well, let me tell you what bothers me, OK. Of course, it bothers me
that the payments have not been made. But when the gentleman tells me that he is not provided
documents, financial documents, that have been required since 1991...
Mr. Martinez: That's correct.
Commissioner Plummer: .. does not give me any indication that there is a desire to comply.
'Mr. Martinez: Absolutely.
Commissioner Plummer: Now, 18 percent, I don't care who you are. Eighteen percent will eat
you alive. And you cannot continue because it's just going to get worst and worst and worst. It
can't get any better at 18 percent.
Mr. Martinez: Absolutely.
Commissioner Plummer: And as far as I know, you know, I think we ought to defer this issue
for 30 days. This man must comply within 30 days as to the idea of the documents that are
required. He must furnish each and every document. Number two, lie must be current on his
taxes. And then we'll talk.
Mr. Martinez: That's number one. Mr. Commissioner...
Commissioner Plummer: But, until such time, I'm not ready. I can't talk. I, you know.
f Mr. Martinez: Mr. Commissioner, I would offer the following. If they come up with the
payment of the taxes, you know, and put the taxes up-to-date, they, you know. They're
supposed to file a response to my attorney on my foreclosure actions on February 2nd. If they
would pay the taxes prior to February the 2nd, I would give them another 30 days. We have
already given him 60 days since the first notice from my attorney. I mean, we can't bend
ourselves backwards any more than what we've done.
Commissioner Plummer: Well, I'm willing to make that in the form of a motion.
Commissioner Gort: I think it's important for him to understand. I think it's important for him
to understand and you people sitting there, if the taxes are not paid, they can be bought.
134 January 16, 1997
Commissioner Plummer: There's nothing to talk about.
Commissioner Gort: And they can lose it. They can lose the whole building for thirty-three or
forty thousand dollars ($40,000).
Commissioner Plummer: Well no, that is... They could lose it, but we'll buy it for thirty-three
thousand ($33,000) of course, to defend our loan.
} Commissioner Gort: I know, we can buy it but they'll lose it for thirty-three thousand dollars
($33,000). And this...
i
Mr. Martinez: We've been ready to pay the taxes once, you know, we're mitigated, the
building...
Commissioner Plummer: All right, Mr. Mayor, I'll make you a motion. My motion number one
is, that lie must within 30 days pay the back taxes. He owes them, he's got to pay them anyhow.
I But he's got to do it within 30 days. Number two, he must provide any and all documents that
are required of him as a loan holder within the 30 days. If he complies with those two
provisions, come back here, and we'll talk. If you don't comply with those two provisions, don't
waste your time or mine, by coming back.
Mr. Martinez: Mc. Commissioner, if I may? If I could suggest that in the matter of the taxes, not
30 days, but February the 2nd, because I do have, you know, my attorneys that worked out with
their attorneys an extension until February the 3rd, and, it will really complicate my matters.
Commissioner Plummer: Fine. If it's agreed upon, I have no problem, OK.
Mr. Martinez: Right. That is, I would give them or the Commission should give them until
February the 2nd to pay the taxes, and then 30 days for the non -monetary compliance which is
the financial information.
Commissioner Gort: Let me ask a question.
Vice Mayor Regalado: Wait, wait, wait a minute. Within the new.
Capote ... COMMENTS IN SPANISH.
Commissioner Plummer: Raul, would you translate for me?
Mr. Martinez: I'll be happy to tell him in Spanish.
(SPANISH)
i
Commissioner Gort: Excuse me, let me ask a question?
(SPANISH) `
Mr. Martinez: not only North Miami Capital.
i
Commissioner Gort: You better translate.
Commissioner Hernandez: Chief, does he have the money to pay the taxes?
s
t
135 January 16, 1997
i
f
Asst. Police Chief Martinez: He was saying before that between now and February 2nd, it's only
like 16 days, that he won't be able to make the payments.
Commissioner Gort: Let me ask you a question, please?
Commissioner Gort: Excuse ►ne. My understanding is, not all thirty-three thousand will be due?
Mr. Martinez: No, all thirty-three thousand are past due, yes.
r
1 Commissioner Hernandez: No, '96 is not due until March. You can pay until March 31st.
I
Mr. Martinez: Well, I have to find out through my attorney. But, at least, whatever is delinquent
has to be brought up-to-date.
Commissioner Gort: OK, my understanding is, what's '95 taxes?
Mr. Martinez: Well, the amount as of September 30th, OK, and that was '95 and prior, was like
twenty-three thousand dollars ($23,000). Still, a lot of money. And now, we have no idea
because we have never received financial information on how he's doing or what his tax flows
(phonetic) are. We're operating in the dark. We've just been trying to help him.
Commissioner Plummer: You see, we have no choice as to taxes. That's... We' can't forgive it
if we wanted to. So, he's got to be a good boy and pay the taxes. He's gat no choice, 'cause
nobody around here can forgive the taxes. I'd love to be able to but, you know. And other than
that providing the docurrients is something that he's required to do. So that was my motion.
Mr -,-Martinez: -Not even tax returns. Not even tax returns have we been provided with.
Commissioner Plummer: Quit while you're ahead.
Asst. Police Chief Martinez: Mr. Mayor, he's saying.
Commissioner Plummer: Hello.
Asst. Police Chief Martinez: He's saying he'll be able to pay the taxes within 30 days. He says
he needs 30 days to make the tax dissolve.
Commissioner Plummer: Sir, he doesn't have 30 days. The consent agreement is February the
3rd. If not, they're in court. That's not 30 days.
Commissioner Hernandez: What agreement? Is there an agreement between the attorneys to
proceed with a lawsuit. Is that what you've done?
Mr. Martinez: Well, actually our attorney agreed with their attorney...
Commissioner Hernandez: To give them...
Mr. Martinez: .. to extend the response 'till February the 3rd. Now, that's the second time it was
extended. Because originally, it was due December the 3rd, we extended it to January the 3rd
and we again grant another 30 day extension to February the 3rd. How much more can we do?
Commissioner Plummer: How can you grant an extension on taxes? You don't have that
authority. i
136
January 16, 1997
I "1
Mr. Martinez: No, not on taxes. I'm talking about the foreclosure.
Commissioner Hernandez: On the foreclosure complaint, J.L.
Commissioner Plummer: Oh, oh.
Commissioner Hernandez: He cannot... That's courtesy between attorneys. So, why don't we
give him the 15 days that he's asking for so he can come up with the tax money?
Mr. Martinez: Fifteen days, let's say to February 17th?
Commissioner Hernandez: No, 15 days after February Znd, OK. And, ask your attorney to give
him another...
Mr. Martinez: I could ask my attorney to give him another 15 days, that's no problem.
Commissioner Plummer: But also, he must provide the documents that are required by a loan
holder within 30 days. If he doesn't, foreclosure proceeds.
Mr. Martinez: Within 30 days of which date, today?
Commissioner Plummer: Thirty days as of today.
Mr. Martinez: OK.
Commissioner Hernandez: Yeah.
Commissioner Plummer: The clock started running, now.
Commissioner Hernandez: He's got 30 days.
Mr. Capote: No problema.
Asst. Police Chief Martinez: He says he won't have a problem.
Commissioner Plummer: We'll say Amen, in treinta dias.
Commissioner Gort: Moved and second.
Commissioner Plummer: So moved.
Commissioner Hernandez: Second.
Vice Mayor Regalado: Are we ready?
Commissioner Plummer: Let's go home.
137
January 16, 1997
Q
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-27
A MOTION STIPULATING THAT TEATRO MARTI MUST DO THE FOLLOWING
WITHIN THE NEXT 30 DAYS:
(1) PAY ALL BACK TAXES DUE; AND
(2) PROVIDE ANYAAND ALL DOCUMENTS THAT ARE REQUIRED FOR HIM
I AS A LOAN HOLDER;
IF THE ABOVE STIPULATIONS ARE NOT MET WITHIN 30 DAYS, THEN
FORECLOSURE PROCEEDINGS SHALL BEGIN; IF SAID TWO PROVISIONS
ARE MET, TEATRO MARTI REPRESENTATIVE MAY COME BACK IN FRONT
OF THE CITY COMMISSION TO TALK ABOUT MORTGAGE PAYMENTS DUE
MAIMI CAPITAL DEVELOPMENT CORPORATION, INC.
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: CammissionerJ.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
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31. APPROVE ABATEMENT OF LIENS FOR JOSE DIAZ, PRESIDENT OF
SOUTH FLORIDA CONCRETE READY MIX -- FOR PROPERTY AT 211
N.W. 1 PL, 2160 N.W. 1 AVENUE, 155 N.W. 21 STREET (WYNWOOD
BROWNFIELDS) -- TO DEVELOP BUSINESS & TO PROVIDE 25 JOBS
i WITHIN TWO YEARS OF ALL LIENS BEING CLEARED, IF NOT, LIENS
ARE REINSTATED.
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Commissioner Gort: I've got one more right here.
Commissioner Hernandez: We've got a lot more.
Commissioner Plummer: We do?
Commissioner Gort: Mine is very good, yes. This also came up to me because of staff
recommendation. And this has to do with the Wynwood Brownfields property. I understand...
Mr. Jose Diaz: My name is Jose Diaz. I reside at 3425 S.W. 128th Avenue here in Miami, and I
am the president of South Florida Metromix and I'd like to share with you these...
Commissioner Plummer: While he's doing that, Mr. City Attorney, how much are the liens?
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138 January 16, 1997
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Commissioner Hernandez: One hundred and twenty-eight thousand ($128,000). Joe, about one
hundred and twenty-eight thousand ($128,000) demolition lien.
Commissioner Plummer: The liens are in place?
Commissioner Hernandez: Yes.
Commissioner Plummer: By the City...
Commissioner Hernandez: By the City.
Commissioner Plummer: .. or by more than just the City?
Commissioner Hernandez: It's a demolition lien.
Commissioner Gort: Why don't we listen to the presentation?
Commissioner Plummer: No, I'm just asking because it's not here. Proceed.
Mr. Diaz: Honorable Mayor Carollo and Commissioner, City Attorneys and City Manager. My
name is Jose Diaz again, president of South Florida Metromix. We manufacture ready mix
concrete. I would like to take, to do the following presentation. I am here on behalf of my
company and the increasing payment of liens on the properties located at 2111 Northwest 1st
Place, 2160 Northwest 1st Avenue, 155 Northwest 21st Street, Miami. These addresses are the
Wynwood Brownfields. These parcels are contaminated by dry cleaning solvents and chemicals.
In addition, they have IRS (Internal Revenue Services), City of Miami, Demolition, and Property
tax liens. These Brownfields properties are not currently producing any revenue for the City.
They are costing the City thousands of dollars a year in tipping fees for the disposition of the
trash and debris illegally dumped all around the properties, not to mention the cost of cutting the
overgrown grass on these lots. Due to the current owner's legal status of bankruptcy, these liens
are a debt receivable to the City of Miami and other creditors. I am aware of the difficulties that
the City of Miami is currently facing when asking for these concessions of lien reductions. If
granted, the City would benefit: one, sixty thousand dollars ($60,000) in impact fees and
building permits and licensing; two, turning the useless and troublesome property into revenue
j producing property through the property taxes; three, saving the cost of tipping fees by
eliminating the illegal dumping; four, the creation up to 30 to 40 new jobs in the Wynwood
community; five, the City would get the reduced money back in five years, and six, I would be
making one point six million dollars ($1,600,000) total investment to improve this property.
Same way, Metromix would benefit by the properties location, heavy industrial zoning; its easy
access to Miami major arteries I-95, 836 and 112, and the causeway, which is essential for the
delivery of perishable products such as concrete ready -mix. The fair value of the
uncontaminated property similar to the Wynwood Brownfields is approximately one hundred
and seventy-five thousand dollars ($175,000). Without the City's liens abatements as well as
concessions of other lienholders, the cost of the land would surpass seven hundred and fifty
thousand dollars ($750,000) which will make it economically unfeasible to obtain and develop
this ideal location. For all the reasons previously stated and the abatement of the City of Miami
liens on the Wynwood Brownfields could essentially create a win, win situation for the City of
Miami and Metromix.
Commissioner Gort: Mr. Mayor. My understanding when this gentleman came to see me. He
said this came out of a study that was done by a group that was put together by the City that's
doing some research in what to develop within that area. It's my understanding staff has worked
with this individual and with the group for the Wynwood area and they've recommended this.
And, I don't know if... City Manager, you've had a chance to meet with this... But one of the
139 January 16, 1997
things we talked about and a presentation was made to us on Thursday by the Mayor from
Philadelphia is that there is a need to create jobs within certain areas. That's one area that we
found a lot of problems because that used to be a very industrious area way hack when the
garment industry was, at the most 20 or 30 years alto, has been deteriorating. Something like
this, if it's feasible, and I think it would be good for the City.
Mayor Carollo: Along with the Mayor of Philadelphia saying that, Commissioner, he also said
that wasn't reported in our local paper, that it wasn't feasible to raise taxes in Philadelphia
because they were too high already. So, you know, we've been saying the same thing.
Commissioner Plummer: How much are you offering the City?
Mr. Diaz: I'm offering the City 15 percent of the value of the liens which comes out to be...
Commissioner Plummer: Seven hundred and fifty thousand ($750,000) would be...
Commissioner Hernandez: No, no. no.
Mayor Carollo: No, no, no.
Commissioner Hernandez: It's one twenty-eight ($128,000).
Mayor Carollo: One hundred and twenty-eight ($128,000) plus.
Mr. Diaz: It's one hundred and twenty-eight ($128,000) plus, which is 15 percent that adds to
about eighteen thousand ($18,000), nineteen thousand dollars ($19,000).
Mayor Carollo: OK. My concern is this, you have a total of how many liens and other
concessions that you need?
Mr. Diaz: Well...
Mayor Carollo: About seven hundred and well...
Mr. Diaz: We're working with the IRS.
Mayor Carollo: Yeah.
Mr. Diaz: This is our first step.
Mayor Carollo: Sure.
Mr. Diaz: The IRS is the second. The third is the State of Florida of the Environmental
Protective Agency which are willing to work with us and the fourth one is our private lien, which
you're all aware this is a debt receivable. These people are bankrupt. Everybody is willing to
pitch in to make this a go.
Mayor Carollo: Look, we want to help you because this is going to help the City of Miami and
this is going to help an area that needs help, Wynwood. It's going to create 30 to 40 jobs, as I
understand it. Hopefully, as you grow it will have more jobs to create. The numbers that I want
to have verified by staff is, if indeed you're going to be paying some sixty thousand dollars
($60,000) in building permits, licenses and impact fees because that's also real money that they
will be receiving. There is no question that we'll save some money, I don't know how much it
is, in tipping fees that we would have to pay from illegal dumping there, also. But what... The
140 January 16, 1997
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only question I have in my mind is, I don't want to approve this, say yes, and get a fraction of
liens there. If down the road you're not going to build anything because you finally don't work
something out with the IRS, or anybody else or EPA (Environmental Protection Agency) and
nothing gets done there.
Mr. Diaz: Well, I have met with EPA a solid day throughout the past three months, and they're
part of this committee. And they are willing to go ahead with it. The only thing they need is an
assessment of a Phase I, on the land. But they are willing to not hold me responsible once I
acquire the land. And...
Mayor Carollo: Well, would it serve your purpose if we approve this subject to you getting the
final approvals from the IRS and EPA?
Mr. Diaz: Yes, it would. That would be a step in the right direction.
Mayor Carollo: OK. I would have no problem unless the administration recommends otherwise
to approve it subject to.
Mr. Edward Marquez (City Manager): No problem with the approval to the subject to.
Mayor Carollo: OK.
Commissioner Plummer: I've got a couple of provisos.
Mayor Carollo: OK.
Commissioner Plummer:- Number one,! that you must be operating -those business with 40 jobs
within how long a period of time?
Mayor Carollo: Well, J.L., you know you can't be unreasonable. It's 30 to 40 jobs. You have
to get them, let them you know, be able to...
Commissioner Plummer: I'm asking how long a period. I didn't set a time.
Mr. Marquez: Starting out.
Mr. Diaz: Mr. Plummer.
Mr. Marquez: Commissioner Plummer.
Mr. Diaz: Commissioner Plummer, I am sorry. We're...
Mayor Carollo: Mr. Plummer was his father.
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Commissioner Plummer: And he's listening but it's from up above.
Mr. Diaz: Due to the condition of the land here and the process that we have to go through...
Commissioner Plummer: Sir, is a year reasonable?
Mr. Diaz: I think a year to a year and a half is very reasonable.
Commissioner Plummer: Eighteen months.
141
January 16, 1997
I
Mr. Diaz: Eighteen months is very reasonable.
Commissioner Plummer: Eighteen months you will be providing 30 to 40 jabs?
Mr. Diaz: Yes, I would be.
Commissioner Plummer: OK. The other proviso I want to put in there, is that for whatever
reason this matter is not a going concern that the property reverts back and the... Not the
property, but the liens are reinstated by the City of Miami.
Mr. Diaz: But, it's 40 jobs once the plan is fully operational.
Commissioner Plummer: So, that's what I'm asking. How long is it going to be?
Mr. Diaz: OK, well. First I would have to start with 18 drivers and 5 staff members there.
Commissioner Plummer: That's 23. L. You're the one that made 40.
Mr. Diaz: That's 23. Well, the 40 will come in the two and half to three year period.
Commissioner Plummer: I'll say two years.
Mayor Carollo: J.L., come on. You know, he's trying...
Commissioner Plummer: Damn it, I'm just trying... Hey Joe, be... No, you've got to have an
Amen.
Mayor Carollo: J.L., but you know what? Who is going to enforce all those little details down
the line? We don't have the personnel to go into those kinds of details.
Commissioner Plummer: You remember. You remember Wynwood Trade Zone? You've got
to have an area where it comes to a complete. If it runs on three years, four years, five years, six
years, and nothing is done. That's why I say it's got to have a reverted. That's all. Two years is
fine. Thirty jobs in two years. Because that's what we're predicating the approval of.
Mayor Carollo: Why don't you give him the two and a half years that's...?
Commissioner Plummer: Fine.
Mayor Carollo: .. medium ground from the three that he's...?
Commissioner Plummer: Fine. Two and a half years, 40 jobs.
Mr. Diaz: Mr. Plummer, I am a responsible businessman and when I promise something, I mean
to keep it. I have a tract record in the City of Chicago of many, many years. I just moved here.
We're in the process of opening three of these locations here, in Dade County. As a matter of
fact, I had the choice of opening one in Broward and I stayed in this side of 186th Street and
27th in order to keep the revenues here. I mean to comply with whatever I do. But, to be held
with specific number, give or take three, when in my business I might move five employees to a
different plant on a given day, my payroll over exceeds 60 people once my operation is fully
going in three locations in this County.
Commissioner Plummer: Proceed. My vote is predicated on a time certain with "X" number of
jobs because that's the strength of your argument.
142 January 16, 1997
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Commissioner Gort: Time certain, 25 jobs. Let me ask you a question. How much...
Mayor Carollo: No, no. Come on...
Commissioner Hernandez: Yeah.
Mayor Carollo: .. there's a lot of areas here that are providing a lot more benefit to the City.
Commissioner Gort: Right. Well, 1 was wondering... I was going to ask...
Mayor Carollo: We're getting sixty thousand dollars ($60,000) up front on impact fees, building
permits and licenses.
Commissioner Plummer: How are you getting sixty thousand ($60,000) up Front?
Mayor Carollo: Once he starts building this,..
Commissioner Plummer: Up front?
Commissioner Gort: Yeah.
Mayor Carollo: Well, he's going to pay for all of this.
Commissioner Plummer: But that's not up front to us?
-Mayor Carollo: Yes, that's- paid to the City of Miami. I just want those- numbers.verified by the
administration.
Commissioner Plummer: He said 15 percent of the value. And the value is how much?
Mayor Carollo: No, J.L., we're talking about two different things. Fifteen percent, this is the
liens. The sixty thousand ($60,000) I'm talking about is building permits that have to be paid
for, licenses and impact fees.
Commissioner Plummer: He has to do that anyhow.
Mayor Carollo: Yeah, but he ain't going to be doing that if he doesn't build there.
Commissioner Gort: But if we don't give him the OK, he will not be doing it. The second
question is, what do you think will be the value of the property once you get build, whatever you
need to build there?
Mr. Diaz: About one million ($1,500,000) and a half. 1 have to pay that whole...
Commissioner Gort: And you've got ad valorem taxes coming in also.
Commissioner Plummer: Oh yeah. Look, let's admit the truth. You know why he wants to be
there? You know why, for the port. And the expansion of the port and a billion dollars
($1,000,000,000,000) and the performing arts and the opera and all of that. He's got, he's going
to have a gold mine there. You know that and I know that. He's not going there because he
loves the City of Miami. He's going there because he's going to make an awful lot of money.
And anybody's providing ready -mix, God bless him. It's a legitimate, honest business.
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143 January 16, 1997
Mayor Carollo: Well, let me...
Commissioner Plummer: But we know why he wants to go there, come on.
Mayor Carollo: .. tell you something. I wish we had a hundred like him that are willing to do
that.
Commissioner Hernandez: Right. Definitely.
Commissioner Plummer: So do I, so do I. But we've got to have jobs.
Mr. Diaz: I'm not only providing jobs here but I'm providing jobs throughout the whole County,
about sixty something...
Commissioner Plummer: Sir, I couldn't care less what you're providing in the County. I'm
concerned about the City, OK?
Mr. Diaz: OK.
Mayor Carollo: What is the motion that we have?
Commissioner Plummer: My motion is to approve it subject to, within two years he will in fact
hire 25 people if not, our liens are reinstated.
Mayor Carollo: And subject to that he works out the other liens...
Commissioner Plummer.: Oh, absolutely., If it fails, that's why it would fail. We're approval
otherwise.
Mayor Carollo: OK, can you live with that?
Mr. Diaz: I could live with his terms once all the liens are cleared. Once I get the building
permits.
Commissioner Plummer: Sure. OK, fine. I could buy that.
Mayor Carollo: That's what we're talking about
Commissioner Hernandez: Has the banker prejudged giving you the go ahead to purchase the
property?
Mr. Diaz: Yes. They're asking twenty thousand dollars ($20,000) for fees, for clerical fees that
hasn't been paid. Your lien is next. The third is IRS.
Commissioner Gort: You mean we're ahead of the IRS?
Mr. Diaz: No. The IRS wants us that... Their main concern is that there is no money going to
the people that filed the bankruptcy.
Commissioner Hernandez: Right.
Mr. Diaz: And that this is a viable project. So, then there is some private liens that they have to
know that we mean business and they're not going to collect otherwise so they can make their
concessions.
144 January 16, 1997
Mayor Carollo: Very good.
Commissioner Gort: OK.
Mayor Carollo: All right.
Commissioner Gort: I second.
Mayor Carollo: There is a motion, there is a second. Hearing no further discussion, all those in
j favor signify by saying "aye."
The Commission (Collectively): Aye.
Commissioner Gort: I hope you get it soon because we need jobs in that area.
Mayor Carollo: What part of Chicago were you at?
Mr. Diaz: I'm downtown Chicago. I heard you were from Chicago, also.
Mayor Carollo: I was raised in the north side of Chicago.
Mr. Diaz: I lived 30 years in the north side. My parents owned Varadero Jewelry.
Commissioner Plummer: So, we've got all those Yankees down here.
Mayor Carollo: After we came down.
Mr. Diaz: I'm a graduate of Loyola University, also from the north side.
Commissioner Plummer: Got all them Yankees.
Mayor Carollo: Right in Sheraton Street there, in up town.
Commissioner Plummer: Undesirable aliens.
Mr. Diaz: This is where I currently hold an apartment at 3901 North Sheraton. I helped to rehab
the Rickliville (phonetic) area.
Commissioner Gort: We're going to find out you went to school together.
Commissioner Plummer: Yeah.
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Mr. Diaz: Well, I just found out. I ate at the gentleman's restaurant, Liborio, when he was here.
l Commissioner Plummer: Yeah.
Mr. Diaz: They were arguing.
Commissioner Plummer: You all are husbands -in-law.
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Commissioner Gort: Good luck and 1 hope you get going soon. We need it in that area.
Mayor Carollo: I figure if he's from Chicago, he's got to have something that's OK.
145 January 16, 1997
Commissioner Plummer: That's why you're here.
Mr. Diaz: Thank you, Commissioners.
Commissioner Plummer: Chicago is so beautiful, it's so great, you came to Miami.
Mr. Diaz: That was a weather decision of my wife's.
Commissioner Plummer: Yeah, right.
Commissioner Gort: This is my pocket item.
Commissioner Plummer: Is that it?
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-28
A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPROVE A
REDUCTION IN A DEMOLITION LIEN HELD BY THE CITY OF MIAMI, TO
FIFTEEN PERCENT OF THE AMOUNT OWED AT THE TIME OF COLLECTION,
FOR PROPERTY LOCATED AT 2111 N.W. 1ST PLACE, MIAMI, FLORIDA; SAID
REDUCTION WILL REMOVE A MAJOR OBSTACLE TO THE PROPOSED
REDEVELOPMENT OF THIS VACANT INDUSTRIAL SITE IN WYNWOOD.
(Here follows body of resolution, omitted here ,and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
32. DISCUSS / DEFER TO NEXT MEETING POSSIBILITY OF DISMISSING
CITY BOARD MEMBERS WHO SUPPORT ABOLISHMENT OF CITY.
Vice Mayor Regalado: OK, this morning we began discussion a discussion about members of
the City Board who are working for the abolition of the City of Miami. I was asked to bring this
issue again, this afternoon, and so I'm doing this. I believe that the citizens of Miami deserve in
their board people who will be willing to not only serve but fight for the survival of the City of
Miami. This is why I asked the members of the Commission, the City Attorney to look for ways
146 January 16, 1997
to evict from boards, any beards, any member who is actively working as a member of this so
called "Committee for a New Miami" trying to abolish the City of Miami. I don't know, Mr.
City Attorney, if I can or if I should do this like a motion or if you would proceed and decide,
tell us if these people can be removed immediately from these boards. And, we don't have to
ask each and every member of the hoard if they are working to abolish the City. By reading the
press, we have seen names of people who are also in City boards and who are making the
statements about abolishing the City of Miami.
Mr. A. Quinn Jones, III, Esq. (City Attorney: Mr. Vice Mayor, I think two things. First of all, I
think you need to be a little bit more specific. I don't know that you can really pass a blanket
resolution of such that... because...
Vice Mayor Regalado: OK, as specific as... Any board member who had sworn that he or she
will work for the City of Miami and it is known by any member of this Commission to be
working for the abolition of the City of Miami will be immediately dismissed from that board,
commission. I don't know if we have any other entity in the City of Miami.
Commissioner Plummer: Well, I. Can I ask a question? I mean. This eviction process is
getting crazy.
Vice Mayor Regalado: Yeah, that's right.
Commissioner Plummer: Do we have the right as a Commission?
Vice Mayor Regalado: Look, look, look, J.L. They have all the right to...
Commissioner Plummer: No terminate, not evict.
Vice Mayor Regalado: Well, you know, get them out if they have an office. Because you know,
because a lot of people here in the City of Miami want to save the City. A lot of poor people,
working people are coming to rally for the City of Miami. And then, you know, if you look at
some committees, you have people there that are working especially the DDA (Downtown
Development Authority). You have a person there, I think two persons. I believe his name is
Sergio Roc, he's been in all the morning, every day in the morning paper. And, he is a member
of an entity that is suppose to work for the City of Miami. As of this morning, downtown was
part of the City of Miami. I don't know about this afternoon. But, as of this morning. So, you
know, if this person wants to abolish the City of Miami, fine. I mean, he can do that, but he
cannot be a member of a board.
Commissioner Plummer: How about, according to the City Attorney, we the Commission have
the right with or without cause to terminate any board member from a board.
Commissioner Hernandez: Yeah.
Vice Mayor Regalado: OK, then I move to terminate Mr. Sergio Roc, right now.
Commissioner Plummer: No. Hold on. Let me finish. Then I may or may not vote for you, all
right.
Vice Mayor Regalado: Well...
Commissioner Plummer: Secondly, at all I think it would be proper, definitely morally proper,
that within let's say the first of February, or the third, because the 1st is a weekend, that people
be asked to sign a document that they support the survival of the City, or they don't. And then
147 January 16, 1997
we deal accordingly with those people who don't want to support the City, period. Now, in
reference to the board you're speaking of in general, OK. I think it has to he a cleansing of that
board for the purposes of what is understood. And that is, that they have to be a property owner
within the district or they have to work. Well, I don't even know what it is.
Commissioner Hernandez: Or pay taxes within the...
Commissioner Plummer: Or pay taxes within the district, the DDA district. And so, I think we
need to come to a conclusion.
Vice Mayor Regalado: Or, have any civic activity in the downtown area.
Commissioner Gort: Well...
Commissioner Plummer: An activity?
Commissioner Gort: Let me tell you a little something about DDA.
Commissioner Plummer: No, that's not...
Commissioner Gort: Let me tell you a little something about DDA.
Commissioner Plummer: Fine.
Commissioner Gort: DDA is a different board. DDA, is a board that finances itself. The
property owners within downtown Miami have exercised an additional tax to create this
authority, which authority is responsible for the skylight that we're so proud of and the plans that
was created 20 years ago, and was accomplished by DDA. So, DDA is not a hoard that uses the
General Funding Taxes. It taxes itself. Also, the people that feel that the decision on how to
spend that money should be by those people that do pay those taxes.
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Commissioner Plummer: That pay it. Of course.
Vice Mayor Regalado: Well, but Willie, everybody that knows about the City government of
Miami, knows that you have done a tremendous work in the DDA. But, we're not talking here
of money, we're talking of loyalty.
Commissioner Gort: No, no. I understand.
Vice Mayor Regalado: You have to be loyal to the City of Miami. If you're not, so don't be
part of any special board even if you get...
Commissioner Gort: I understand.
Vice Mayor Regalado: .. even if you pay your own way, don't be a part of this. Because,
downtown is one of the things we're proud of. But, it's part of the City of Miami.
Commissioner Gort: I understand. My understanding is, if this is a legal issue, I don't have any
problem. If, my attorney tells me, my City Attorney comes back and tell me when those board
members are sworn in, they are breaking that and it's a legal issue, I don't have any problem
With it.
Vice Mayor Regalado: But, I still think it's also. I feel...
148 January 16, 1997
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Commissioner Gort: But, I want you to note that the DDA board of directors passed a resolution
stating they will support the City of Miami and we will do everything possible to continue the
support of the City of Miami.
Vice Mayor Regalado: But how come?
Commissioner Gort: Maybe one or two members have individual ways of thinking, that's their
way.
Vice Mayor Regalado: How come?
Mr. Jones: Vice Mayor, going back to when I advised you this morning. You recall, when we
amended the general ordinance which we wanted to make uniform amongst all the boards. That
there be one, three criteria for board membership. One, that they reside in the City of Miami,
they own property or they had a place of business in the City of Miami. Those are the three
criteria. Secondly, any board member can be removed by you for cause or without cause. So,
you really just, you really be labored a point by talking about, you know, or whether they're
loyal or not. Certainly, I think an argument can be made that they're not adhering to the oath
that they've taken to act in the best interest of the City of Miami. If you want to use that as a
basis for....
Mr. A. Quinn Jones, III. Esq. (City Attorney):... giving it out, you really don't have to articulate
any reason if you want to get a member off a board or whatever else., you don't have to state any
cause. You just have pass to a resolution rescinding the appointment that you've made to a
particular board. That's how it should be done.
Commissioner Plummer: Father Gibson says "You reward your friends and you punish your
enemies."
Vice Mayor Regalado: That's it. So how can we go about, so instead of waiting 'till next
month, can I suggest that we remove one person which is visible in the campaign?
Mr. Jones: You can do it. If you want to make a motion to rescind, which I'll...
Vice Mayor Regalado: I will like to make a motion.
Commissioner Plummer: No, excuse me. I will not vote for the motion, all right. And I'll tell
you why.
� Vice Mayor Regalado: It's your prerogative.
Commissioner Plummer: Not because he's a friend. And not because he's opposed or favoring
to get rid of the City. I want him to come here and stand in this record and give him the
opportunity to tell me that he wants to abolish the City of Miami. I've got to give him that right,
to have the opportunity to stand here on the public record, and say hey "I do not support the
Miami, I want to abolish the City." And if that is his vote, then I would vote to remove him.
Vice Mayor Regalado: Well, I don't have any problem, although I... Unless, J.L., he was
misquoted this morning, that's exactly what he said.
Commissioner Plummer: Hey, every man....
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Vice Mayor Regalado: But, you know... let's have it live and in person.
149 January 16, 1997
Commissioner Plummer: Tomas, every man has his right to his day in court.
Vice Mayor Regalado: Absolutely. No, I agree with you but I mentioned that name, I don't
know that person. I mentioned that name because I have seen it quoted on the paper, on the TV,
on the radio, several times.
Commissioner Gort: Tomas, let me give you a suggestion. This is a public hearing, we've got
plenty of reporters and I'm sure they're going to write about this tomorrow. Everybody is going
to read about this tomorrow. Whenever you get appointed to the City Board, you do your
swearing in statement, and I think they should give the opportunity to those people who they feel
they could no longer comply with what they swore, that they should resign.
Unidentified Speaker: Who appointed them?
Commissioner Plummer: I don't know.
Vice Mayor Regalado: Absolutely. Although, he talked to a reporter, I'm talking about one
person that I read this morning. I don't know that person. He...
Commissioner Plummer: Tomas, I'd still like to see...
Vice Mayor Regalado: No, absolutely you're right. But...
Commissioner Plummer: ... the opportunity. Well no, no.
Vice Mayor Regalado: I'm clarifying that fact that he said that he will not resign.
Commissioner Plummer: No, let me go beyond that. I would like to have the administration
set... Remember, when we ran for office we had a little thing called an endorsement card?
Vice Mayor Regalado: That's right.
Commissioner Plummer: I would like to see every board member, regardless of what board they
sit on be sent an endorsement card, endorsing the survival of the City of Miami.
Vice Mayor Regalado: Good idea.
Commissioner Plummer: And if they don't return it by February, well, let's say February the
10th, OK.
Vice Mayor Regalado: Good idea.
Commissioner Plummer: Then, it's prima fascia evidence that they don't send it back, that we
know where they stand.
Vice Mayor Regalado: That's a very good idea.
Commissioner Plummer: OK, I'll move it and make a motion at this point, that every board
member of the City of Miami be sent an endorsement card, endorsing the survival of the City to
be returned by the 10th of February.
Vice Mayor Regalado: I'll like to amend something on that motion, J.L., if possible too.
Because, that person has been very visible in the media. Can we invite for next Thursday, and
150 January 16, 1997
11
whatever he wants to say to the Commission, lie can say it? I don't... The problem is... The
problem that I have is that this is not a general idea, this is one person who is heading a
campaign. Who is raising money for the campaign. Who is buying, and will be buying time in
radio and TV, to tell the people that you, me and everybody here are an inept government, that
the City should do better without us, and that we should all go to the County. And, that person is
very vocal and very visible. This is why I suggest that we invite that person and give him the
possibility of...
Commissioner Plummer: Well, let's just...
Commissioner Gort: Tomas, also I... Excuse me, J.L. I think we should remind this individual
that when you become a board member there is a policy you have to comply with. If they don't
feel they can no longer comply with it, we should give them an opportunity to resign.
Mayor Carollo: I agree with that, that they should he reminded of that. I am sure that
Commissioner Gort could do it through the executive director, that reminds him of the oath.
And I mean, no one forced them to take that oath and if they're in conflict with the oath, they
should do what is proper. If not, then, maybe what Commissioner Plummer suggested, that they
be given the opportunity to come here, to be the next topic to be taken.
i
jCommissioner Plummer: Give them their day in court. But I would still... Joe, I would still
like... If I may, I think it's only proper. When we run for public office, we go out and ask for
endorsement cards. And I think that any man or any woman who sits on the board of the City of
Miami should be more than willing to sign an endorsement card that they support the survival of
the City. I just, I can't imagine that they wouldn't. And I would ask that those cards be sent. I
am not saying that there's any penalty if they don't return it. But I'd like to have them back by
the 10th of February. And, I don't see anything wrong with that.
i
Unidentified Speaker: What will happen if they don't?
Commissioner Plummer: If they don't then we can deal with it accordingly if we want to of we
don't want to. But I think...
Mayor Carollo: Well...
Commissioner Plummer: ... we need to know who is going to be working with us for the
survival of the City. We know where McMasters is. He don't have to sign a card. He's not
going to. He'll probably print them and charge us for it, but that's all right. You know, I just...
I can't imagine that anybody who serves in the capacity of a board of the City of Miami, would
be reluctant to endorse the survival. I just, maybe I'm all wrong.
Mr. Jones: ... language or...
Commissioner Plummer: I endorse the survival of the City of Miami.
Mayor Carollo: Well, Jack I can't wait to hear from you. Go ahead.
Mr. Jack King: Mr. Mayor, Commissioners. My name is Jack King, I live at 3549 Laquatt
Avenue, and I was watching this on television. I was actually putting a bicycle together and I
swear to God, I mean. Tomas, sir. I mean. You need to go hack about 50 years in the history of
the United States. That's about how old I am, but the McCarthy hearings are the first thing that
j come to mine, all right.
Vice Mayor Regalado: You know this is not... Jack, Jack, excuse me. If I do it my way, you
know what I do? I would look to the people that gave money to this committee and if any of
151 January 16, 1997
those people are in any board, I will try to dismiss those people from those boards. Let me tell
you why. We have been told that if the City of Miami is abolished, we the residents of Miami,
we the people that live on a salary will end up paying more money. Since I am not rich, and
since I am going to be living in the City of Miami, whether it stays or goes, since I am going to
be paying more taxes, if that is the case and I have been told by County people, by County
people. Then, I have to defend the City of Miami and these people who are raising money to go
to the radio station, to the papers and tell lies so people can vote for the abolition of Miami, as
they did during the November 5th election in which a lot of elderly Latin people were
approached and said "Oh sir, do you want your tax cut by 50 percent? If you do, just sign here."
And everybody signed, you know, that. So, I believe that they are people who are working
against the people like me, who are not rich and who have a house in the middle class area of the
City of Miami. And I really believe that they can do whatever they can, this is not McCarthism.
This is not being extremist, this is just... You want to fight the City of Miami? Do it outside
City Hall, don't do it inside the City Hall. Don't do it within the system. Don't have a car that
says, you are a member of an important and recognized board of the City of Miami. That's all
I'm saying. I'm not... I'm not trying to chase here communists or people that are the enemy
through the streets of Miami. I'm just saying, if you want to do it, I mean... why don't you do it
outside the City? You cannot be... If you are a woman, you cannot he half pregnant. Either you
are or you're not. You cannot be half loyal. And that's all I was saying.
Mr. King: Commissioner.
Vice Mayor Regalado: And I'm telling you...
Mr. King: Commissioner Regalado.
-Vice Mayor Regalado: .-:. if the City don't it.. No, I am- telling you if the City don't it.
Mr. King: OK, OK.
Vice Mayor Regalado: No, I am telling you... Jack, just one second.
Mr. King: All right.
Vice Mayor Regalado: If the City don't do it, well that's fine with me. I will do it on the radio
frankly, and this is why the Spanish radio, it's so criticized because, you know, we're extremists.
But, I think, you know, what's right is right and I will continue to do it. I am sorry.
Mr. King: This is not about, you know, what... the arguments. The arguments are, I just wrote a
column about that. That the arguments seem to go you know, kind of down hill on both sides.
Not uphill with either side about that. But this is a matter of a right to an opinion. And it's not
black and white. It's not half pregnant. There is a lot of middle ground here, Tomas. A lot of
middle ground, all right. I quite frankly would like to see the City of Miami take over Dade
County. I think that's the way it should work. Unfortunately, we gave away everything that we
had that was worth anything. The seaport and the airport and water and sewer and so on. But,
this type of behavior... This is almost like if these four Commissioners here vote against you on
something and it's four to one, they turn around and say "hey, you're not with us, you have to
leave." That's unfair. You... There is a God given right to having your opinion in this country,
all right? You can be right, you can be wrong, you can be somewhere in between, but you have
that right. And that's the way our system works. We don't have five, zero votes up here all the
time, all right? The people that push this may lose, they may live. I don't know. And the jury is
still out with me personally. I don't have a feel for it one way or the other, all right. But, I'm
j sure that I will. But what I am trying to tell you, is to be punitive with people that don't agree
with you is contrary to the American system that you say you love so much. You can argue with
them, you can't damage them.
152 January 16, 1997
t$s:
Vice Mayor Regalado: No, it is not, sir.
Mr. King: It's like running against someone... I mean, it would be like Commissioner
Hernandez here, you know, after the election was over saying "hey, you know, I'm going to have
Reverend Dunn investigated and I am going to run him out of town. I just can't have him here
anymore" until he goes away. It doesn't work that way. We try to find ways to have logical
discussions, worthwhile discussions above board and...
Vice Mayor Regalado: It is not a discussion.
Mr. King: It is a discussion.
Vice Mayor Regalado: No, it isn't.
Mr. King: It is, it is. Every, every.... And actually this is being done within the guidelines of the
Charter of Miami.
Vice Mayor Regalado: I'm not saying that the guy has to silent, or...
Mr. King: I'm... Well, you're saying... But, what you're saying is, if you don't think the way I
do....
Vice Mayor Regalado: No, sir.
o
. Mr. King: ... then I want you off the board.
Vice Mayor Regalado: What I am saying is, you can think the way you want to. You can think
the way I don't think but then you have to do it out of the system.
Mr. King: No, this is within the system.
Vice Mayor Regalado: This is... This issue is really black and white.
Mr. King: No, it's not.
Vice Mayor Regalado: Either you vote for the City, yes. Because on the referendum, you are
going to have a "yes" or you're going to have a "no." You're not going to have a maybe.
Mr. King: I don't agree with you on that one. We'll discuss that at another point. But what I'm
saying here, is that you hand out a loyalty card, and that's essentially what they are. And boy,
you know, I'll pass the books on to you. You're going to read about loyalty cards. And if you
sign it, and you know you don't do it, then you purger yourself. If you don't sign it, you are in
fact, guilty.
Mayor Carollo: Well, wait a minute .Tack, you're taking on the wrong guy there. That was
Commissioner Plummer.
Mr. King: I know it. I know, I know. The loyalty card. I just... I mean, if you all personally
cared... I've just...
Commissioner Plummer: No, no, no, Jack. Woo, woo, Jack. Woo, woo. I never said on
loyalty.
153
January 16, 1997
Mr. King: I know.
Commissioner Plummer: I said either you endorse it or you don't.
Mr. King: What else do you call that, J.L.? I mean, it that's not a loyalty card, then what is it?
Either you're on my side or you're tired. That's right. That's right? Yeah. Yeah, that's the way
the system works. Let's keep this whole fight, or whatever you care to call it, this referendum,
above board. Let's don't start the political punitive measures before the fight is even completed.
That's unfair.
Mayor Carollo: Jack, I'll pay for lunch for you and Tomas...
Mr. King: That... I'll pay for lunch. And it's time lie and I got together.
Mayor Carollo: ... to spend a couple of hours going over it.
Mr. King: But I just don't want to see you get into... You know, you're talking about the other
side lying and cheating and saying things that aren't true. Well, I mean, this looks like that
you're mad and you're going to get even in the way you can, and that's using your power as a
City Commissioner to do something against the... oh, you know what it is perceived as the other
side. And that's just not right.
Mayor Carollo: Well...
Mr. King: I don't agree with... I mean, I'm not sure I agree with either side. But I don't agree
with the procedure.
Mayor Carollo: Jack, let me be frank with my point of view. -I have mixed feelings with this
one. Some of what you said I could understand even though this has nothing to do with
McCarthism. I think you're going to one extreme on that. But, what the Commissioner is saying
is something to consider. I mean, a board like DDA, It's a keyboard where you from the outset,
you take a loyalty oath. And, if people are violating that loyalty to the City of Miami, if they're
making decisions within that board that are not decisions that are going to be in the best interest
of the City of Miami, and will be in the best interest maybe of Dade County government, that's
something that is in conflict. So...
Mr. King: But Mayor, who's to say whether it's in the... if we abolish the City of Miami, that
it's not in the best interest of the people that live here. I don't know, that's someone else's
perspective and...
Mayor Carollo: Well, we're not getting into that one...
Mr. King: OK, but you understand what I'm saying?
Mayor Carollo: ... but what I said before is that basically what is bringing this major difference
is that if we would have abide by... to get a four -fifths of vote, to get people into boards that
don't live in the city and have a four -fifths vote waiver, if we would just plainly make it that
people in boards such as that have to live in the City of Miami...
Mr. King: I think that's great.
Mayor Carollo: ... we would not run into these problems. And frankly, the problems we're
running into is that these people don't live in the City of Miami.
154 January 16, 1997
M.
Mr. King: But the rules for DDA (Downtown Development Authority) are different as
Commissioner Gort pointed out. This is a unique board and I don't think there is any other
board in the City of Miami that's constructed like that.
Mayor Carollo: It is a unique hoard. I agree with that. And because it is a unique board, we, in
my opinion have to make sure that in that hoard, most of all have to make sure that the people
that we have there are going to keep their loyalty oath. There are too many decisions that could
be made there or are being made in that board that can affect the City of Miami in many ways
that other boards cannot affect you. But, you know...
Mr. King: Mayor, you know... In downtown Miami, you may have a decision that is, adversely
affects the City of Miami but may help all of Dade County. How do you resolve this conflict?
And that's what I'm trying to say is, these people have a right to their opinion.
Mayor Carollo: Well, they do. They do.
Mr. King: It's not black and white. There are some grey areas here. Some very grey areas.
Mayor Carollo: They certainly have a right to their opinions. I'll be the first one to fight for that
right. But, you know, again individuals in the City of Miami, whether Commissioners or other
positions that are held by other individuals, have a right to their opinion also. And...
Mr. King: I agree. And like this morning when the people in Little Haiti were here. I mean, did
they start a recall to remove you, I don't think so. I mean we have disagreements all the time
and we do them here, and in front of everyone and that's why it works. But, for this hoard to
take what is perceived as a punitive action to say, "hey, you don't agree with me, so we're going
'to get you out of here." I don't. I mean, that's... you talk about taking the low ground, I mean
that's the low road.
Mayor Carollo: Well, J. L., is the one that wanted for them to come here so he could...
Commissioner Plummer: What?
Mayor Carollo: He's talking about the punitive actions, and what I'm saying is that you're...
Commissioner Plummer: What puni... ? What did J.L., bring to this table of punitive action?
Mr. King: You don't agree with me, you're fired.
Commissioner Plummer: Look, Jack, if there are...
Vice Mayor Regalado: I was the one, I was the one.
Commissioner Plummer: Him. If you don't know the difference between me and Tomas, you
better go on a vacation.
Vice Mayor Regalado: I said that... and I was talking especially about one person that I have
seen on the media as one of the spokesperson of the campaign. That a person that has been
labelled as a leader of the movement to abolish Miami and I noticed that that person was on a
board. So, I say, how can you work for the City that you want to kill? Yes, you're right in
saying that the decisions that he will take will benefit Dade County. But you see, I have a
problem....
Mr. King: Well, I don't know. I'm saying how do you... that's a dilemma.
155 January 16, 1997
Vice Mayor Regalado: I have a problem. If the State Representative that represents my district
goes to Tallahassee and he brings money to North Miami Beach instead of the Shennadoah area,
and that is part of Dade County, I have a problem with that State Representative. Because, you
know, I would first of all vote against him, and then I will try to criticize him because he brought
money to North Miami Beach instead of Shennadoah area. That's what it is. But...
Mr. King: And that's the American way. That's how you do it.
Vice Mayor Regalado: But, but wait. But... I am not saying, I am not saying a person should
not campaign against the City of Miami. What I'm saying is, how can you be part of a
government that you want to abolish? I mean, I don't... Explain to me that?
Mr. King: Well, I'll tell you the reason... First of all, whether the City of Miami is abolished or
not, Miami is never going away. Miami is much larger...
Vice Mayor Regalado: No, no, no. I'm talking about... Jack, Jack.
Mr. King: OK, OK. But I...
Vice Mayor Regalado: Don't give us a philosophical answer. Tell me?
Mr. King: All right. OK, we'll keep it... I don't really know because I don't really know how it
is structured at this point. But if someone firmly believes that Dade County and the City of
Miami will be better off if we have a different way of government, they should be allowed to
I have that...
Vice Mayor Regalado: Fine, fine. Congratulations. But don't work on the City hoard.
Mr. King: But, the City doesn't stop it, you know... it, LeJeune Road over here, Coral Gables.
The City of Miami goes many places, as you well know, by the people that work downtown. A
lot of people have interest in Miami which is one of the problems that we have, all right. That's,
I mean, we all know that. I'm just saying to you, that I think it's... that I find it offensive and I
don't think that it's something you should be doing in taking, you know, loyalty oath, or a
loyalty card. I mean, you know, or saying I will support the City at all costs, you know.
Whatever. It may not be... that may not be the way they think. And they have a right to their
opinion. And it's, you know it's... you know, how far does a political patronage go? And that's,
you know...
Vice Mayor Regalado: Look...
Commissioner Gort: Sure, I agree with him.
Commissioner Plummer: Yeah, but we have the right to know, OK.
Mr. King: Most people will tell you, and that's OK.
Commissioner Plummer: Can we transfer this debate to CMQ?
Vice Mayor Regalado: Yes. Tune in tonight.
Mayor Carollo: Commissioner Plummer.
Commissioner Plummer: Sir.
156 January 16, 1997
F11
Mayor Carollo: What is the motion that you want or resolution and... what is this a loyalty card
or an endorsement card or...?
Commissioner Plummer: You know, you want to talk loyalty card. Look, you know, let's make
it easy so Jack doesn't have to worry about sleeping tonight. Mr. Manager, you send out cards
and ask people that are on boards that we are going to run a strong campaign to save our City.
And we would like their endorsement it they so see fit to join that campaign by signing this card,
OK? And it's their right to do such. It's their right to do such. But don't...
Mr. King: Absolutely. But I don't think it's the right of the City of Miami to pay for something
like that. If you care to fund that individually... Because this referendum...
Mayor Carollo: I agree. I agree with that
Mr. King: .. and I'm supporting the referendum here because it's done within the City Charter.
It's not some you know, off the wall thing that somebody's brought through a litigation doing
! something like that. You have the right to your opinion. Mr. McMaster has a right to his
opinion. And lie has the right to pay for his opinion and you have the right to pay for your
opinion, OK?
Commissioner Gort: It's the American way.
Ms. Annette Eisenberg: Mr. Mayor?
Mayor Carollo: Look, this has gone really far enough.
i
Ms. Eisenberg: No, no. I'll fund it. I will fund it.
Mayor Carollo: Annette, yeah. But let's, you know, we discussed this and now this is really
getting into an area that you know, we shouldn't get into anymore.
Mr. King: I totally agree, Mr. Mayor.
Mayor Carollo: If the Commission wants to make a resolution so be it but, maybe we might you
know, just want to think it through and bring this discussion meeting at the next Commission
meeting.
Commissioner Gort: I'd like to make a discussion.
Commissioner Plummer: What?
Mayor Carollo: Go ahead.
Commissioner Gort: All the executive directors... Jack, when we take position as a board
member, we swore to an oath. If these people don't believe they can comply with it, let them
resign. Give them an opportunity to resign.
Commissioner Plummer: No, there is a difference between resigning and forcing them to resign.
There is a big difference.
! Commissioner Gort: Well, J.L., if they fee that they can serve us, and let me use an example of
DDA, which I think we need to come back to that. DDA, a lot of those individuals do not live in
the area but they pay a lot of taxes. And they've been part of the problems that have taken place
157 January 16, 1997
in that area. And a lot of those people pay millions of dollars in taxes to help services in the
neighborhoods. And I think they have the right if they believe, they are going to do what's right
for downtown and they're complying with their duties as board members, why not? It's up to
you all.
Mayor Carollo: Thank you, Jack. We appreciate your input.
Mr. King: You're certainly welcome, Mr. Mayor.
Mayor Carollo: Thank you.
Commissioner Plummer: And I hope nobody stole your bicycle.
Mr. King: That's perfectly all right. I brought your book, J.L. You probably haven't seen this
one, have you?
Mayor Carollo: Jim, thank you for not saying anything, thank you, Annette.
----------------------------------------------------------------------------------------------------------------
33. DISCUSS BRIEFLY CITY'S DISCONTINUATION OF SCHOOL CROSSING
GUARD PROGRAM.
---------------- -----------------------------------------------------------------------------------------------
Commissioner Hernandez: Mr. Mayor, I have a pocket item. A brief discussion on the... I
spoke to the Chief of Police earlier in the morning in reference to the school crossing guard
issue. What you have attached to my memo is a question and answer prepared by the Chief of
Police. Earlier in the week, as you know the County Commission approved to loan us fifty
thousand dollars ($50,000), which was sponsored by Commissioner Miguel De La Portilla. I
also spoke to counsel board member, his brother actually, Rene De La Portilla, who sits on the
School Board. Who is according to the Chief, who attended a meeting the day we met with the
Mayor of Philadelphia, they are, unbeknownst to me because he did not tell me this today,
they're thinking of granting us the money and not lending us the money, is that correct, Chien?
Police Chief Warshaw: Yes. Mr. Mayor, let me, if I can just go into the record, give you a brief
synopsis of what occurred. In the media on three separate occasions has misreported the Miami
Police Department's role as it relates to school crossing guards.
Commissioner Plummer: What else is new?
Police Chief Warshaw: Number one, the Commission directed the City Manager, myself, I think
the last meeting, to send a letter to the School Board and to the County Manager stating that we
didn't want to be in the school crossing guard business anymore. And the real reason for that
was, as you stated, Commissioner Plummer, that we were spending large numbers of hours using
police officers and public service aids to fill the posts that were either vacant as a result of us not
being able to hire the guards or guards who got... who were sick, you know. So, we at any given
date could have 15, 18 people not showing up, and we would be spending upwards of 300 hours
per week. It took a long time, we finally got a response to that letter and there was an emergency
meeting at the School Board this past week, about 20, 21 people were there. And I want to tell
you that unknown to myself, the windup to all this is that the City of Miami, more so than
probably any other municipality in the County, including Dade County, is the only department
who has responsively been banning all of these school posts. Which means that we've been
sending a police officer or a PSA (Public Service Aide). The County put the School Board on
158 January 16, 1997
the record at this meeting, for the first time some of them had never heard it, that they have 70,
80, 90 at times guards who don't show up for work because they're vacant and they just don't
send anyone. And they basically tell the schools it's up to you to fill those posts. So what we
agreed to, on a temporary basis, was that we were no longer going to use police officers or
PSA's. We have drafted letters to all the school principals. We're reprioritizing based upon the
guards we have working and we've put the School Board on notice that we're going to adopt the
County policy. Which is, if we don't have a guard, then we will not send an officer because we
just cannot afford the manpower.
Mayor Carollo: Well, my question Chief which I don't understand is. Why if the City of Miami
is writing 26 percent of the parking tickets together with the Offstreet Parking Authority, why is
it that we're only getting four point eight percent, less than five percent of the revenues?
Police Chief Warshaw: Mr. Mayor, that's a good question and it's the issue. And the reason we
put this in the question and answer is, we brought this issue up. This has to do with the formula
as to the way the County distributes this money. I mean, we're writing as you said, almost a
quarter of the parking tickets, between us and Offstreet Parking.
Mayor Carollo: We're writing actually, over a quarter of the parking tickets.
Police Chief Warshaw: Twenty-six percent.
Mayor Carollo: Twenty-six percent.
Police Chief Warshaw: And we're only getting about four percent of the revenue. It was that
conversation that prompted the School Board people to offer us the possibility of funding us in
.....excess or beyond what we' -re getting now, so that we have enough funding to pay for the guards.
..And they're going to take another look at that formula, possibly even look at increasing the
surcharge but absent that, even without the money, we still have a problem getting the guards.
Even the County told them, they want to get out of the school crossing guard business also.
They cannot find the people. So, until the money issue is resolved, and Mr. Mayor and
Commissioner, I couldn't speak and I told them I can't speak on behalf of the Commission, as
far as a loan goes. But I said it was my gut feeling that the Commission would not want to take a
loan that they would have to be paying back.
Mayor Carollo: That's correct. You're absolutely correct.
Police Chief Warshaw: We would want the monies that we deserve to pay to the guards.
Mayor Carollo: You're absolutely correct. Especially when we're providing twenty-six percent
of the funds they're getting. This is what bothers me. That every time they cut the pie, we're
providing a big chunk of it, but we're getting a real thin slice. And the same thing is happening
in the property taxes we pay from the City of Miami, to Dade County. We're getting very little
in return for that. I think that we need to have your legal advisers from the law department look
at this and demand a system that is going to brim; us twenty-six percent of what we're giving to
I them.
Commissioner Hernandez: Well, that's how the program is supposed to function.
Mayor Carollo: Yeah, you know, what we're doing is...
Commissioner Hernandez: Whatever.
Mayor Carollo: .. we keep subsidizing unincorporated Dade County, time and time again, you
know. And that's enough.
159 January 16, 1997
161t,
Mr. Jack King: Yes.
Mayor Carollo: See, Jack agrees. This is what's happening and it's been happening because
we've let it happen in the past. You know, we got to say no, and we've got to draw the line.
Commissioner Hernandez: Chief, what's going to happen February 1st?
Police Chief Warshaw: As things stand right now, on February 1st we will only staff those
schools where we have sufficient number of guards and we will work the same procedure
basically that the Metro Dade Police Department works and some of the other municipalities.
We will have a mechanism where early that morning someone in our operations division will
call the school and say "Ms. Jones won't be in today, and we don't have a guard." And the
school system, another thing that was unknown to me, in addition to being the third largest
police department in Dade County, they've got 500 security guards that work in all of the Dade
County schools. And in some of those schools, the security guard will have to come out and
stand on the street corner or with parents. And they'll work with the PTA, but basically we're
going to put them on notice that we're no longer going to be sending...
Commissioner Plummer: How many policemen they have?
Police Chief Warshaw: About 135.
Commissioner Plummer: You know how they got those 135 policemen, you remember? And
let's put in on the record. They didn't want to send the man through school or put him through
training. They came to our City Police Department and say "hey, you want a thousand ($1,000)
dollars more than you're making with the City, come over to the school board?". And we paid
for the training, and we paid for all of the expense. And they paid them one thousand dollars
($1,000) more and overnight established their police department. They got one hundred and
something policemen, are 31 posts in the City of Miami, they've got the responsibility, it should
be their responsibility and I don't know. You know, we're overlooking a certain thing. It's
because of the fact, that it's a public school system no private school to my knowledge has
crossing guards. Not one private school. So, is it the fact that those kids are more educated or
private or what than the elementary schools of the public school? Something, there is something
radically wrong where they survive and do very, very well in the private sector but in the public
sector if you talk about nobody being there, everybody is going to be panicked.
Police Chief Warshaw: Well, Commissioner, I couldn't agree with you more. And Mr. Mayor,
there's no question about it. The program is not working well not only for us, and I want you to
know that the Metro Dade County major who was there, who runs this program, not only was
she in support of our position but again, went on the record as saying "The County is running at a
deficit of about one point four million ($1,400,000) and they want out of this business as well.
And so, it's...
Mayor Carollo: Yeah, and their deficit will be a lot greater if we weren't subsidizing their
program.
Police Chief Warshaw: That's correct.
Mayor Carollo: Who is that major, by the way?
Police Chief Warshaw: Jean Forester. Jennie Forester.
160 January 16, 1997
Commissioner Hernandez: Did we ever consider going through an RFP (Request For Proposal)
process to possibly bid out security guards, prior security guards, for them to become responsible
for this crossing guard issue within our limits?
Commissioner Plummer: Where are we going to get the money?
Police Chief Warshaw: We have done that and I want to point out also that right now, one of the
little impediments to all of this is a law on the books that basically created the surcharge and it's
a legal question on the grounds that we are receiving these surcharge monies that the school
system is basically saying, therefore, we have the responsibility now. Our answer to that was...
Commissioner Plummer: Yeah, that what I thought.
Policy Chief Warshaw: We'll stay with that responsibility while there is still a law but we will
not put Miami police officers on those posts because we've got emergency calls...
Commissioner Plummer: Nor PSA's
Police Chief Warshaw: ... Police work we have to deal with, or PSA's.
Mayor Carollo: OK, Chief. Thank you very much for your explanation.
Police Chief Warshaw: OK, thank you.
Commissioner Plummer: Sounds like 31 phone calls a day to me.
34. INSTRUCT CITY ATTORNEY TO ASSIST DADE FOREIGN TRADE ZONE
,INC.,IN CONNECTION WITH CHALLENGES FROM TRADE ZONE,INC. --
FURTHER EXPRESSING COMMISSION'S SUPPORT FOR WYNWOOD'S
DADE FOREIGN TRADE ZONE, INC.
Mayor Carollo: I have one last item here. This has to do with the Wynwood Economic
Development Corporation, that's also known as the Dade Foreign Trade Zone, Inc., that is being
challenged by the Miami Free Zone. They've got the names in reverse here. The Miami Free
Zone is in Dade County and the Dade County Free Zone is in the City of Miami. This is the
Wynwood Free Trade Zone that we gave land to, so that we could create jobs that we could
revive Wynwood and expand our tax base.
Commissioner Plummer: What's the challenge? I thought that was all resolved.
Mayor Carollo: Well, what is happening is, the Miami Free Zone that's in unincorporated Dade
County, is challenging the Dade County Foreign Trade Zone which is Miami's trade zone in
Wynwood. And, if they're successful in this challenge, it is going to cost the City of Miami
hundreds, if not thousands of jobs. It is going to hurt Miami tremendously. In particularly, the
neighborhood of Wynwood that has been looking forward for the opening of this trade zone for
some time. And, I would like to have the City Attorney, and I want to make this in the form of a
resolution, contact the attorneys for the Wynwood Development Corporation that's also known
as the Dade Foreign Trade Zone, our trade zone in Wynwood, and see how we can help in any
way, in any letters, any additional support that this Commission can give them to make sure that
this again, new challenge by the trade zone in...
161 January 16, 1997
Unidentified Speaker: Show their loyalty.
Mayor Carollo: ... unincorporated Dade County is not successful.
Commissioner Plummer: Yeah, I know.
Mayor Carollo: So, I am making a resolution that the City of Miami Commission is endorsing
fully the trade zone in Wynwood, known as the Dade Foreign Trade Zone, Inc., and that we're
making a policy statement that this trade zone is a vital asset that the City of Miami needs and is
in full support of this trade zone, in the City of Miami. I so move the motion.
Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gort. Can you call the roll on this one please?
Commissioner Plummer: I really don't understand this issue. It sounds like a loyalty issue to
j me. I vote yes.
Mayor Carollo: If you could get back to us when you speak to their attorney, let us know what
else we could do. Thank you.
The following resolution was introduced by Mayor Carollo, who moved its adoption:
RNSPI-i ITION NO, 97&29
1 -A RESOLUTION OF THE MIAMI CITY _ COMMISSION ENDORSING THE
PROPOSED WYNWOOD FOREIGN TRADE ZONE, (WFTZ), TO BE LOCATED IN
THE WYNWOOD NEIGHBORHOOD, CITY OF MIAMI; FURTHER MAKING A
POLICY STATEMENT THAT THE WFTZ, WHICH WILL BE A VITAL ECONOMIC
ASSET TO THE CITY OF MIAMI, SHALL RECEIVE THE CITY'S FULL SUPPORT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
162 January 16, 1997
i
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wit'redo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------- -----------------------------------------------------------------------------------------
35. APPOINT WILLIAM RIOS TO FEDERAL ENTERPRISE COMMUNITY
i COUNCIL.-- RECONSIDER R96-738 WHICH APPOINTED INDIVIDUALS
{ TO FEDERAL ENTERPRISE COMMUNITY COUNCIL -- RESCIND R96-738/
1� APPOINT DANIA BRADDY, JOHNNY MATTHEWS, JOSE DEGOTI TO
1 FEDERAL ENTERPRISE COMMUNITY COUNCIL.
Mayor Carollo: We have some appointments to make. That's the last item on the agenda.
Commissioner Plummer:' I for the record, will defer all of mine.
Mayor Carollo: OK, well. Do you want to defer all of yours?
Commissioner Hernandez: No, I've got some appointments.
Mayor Carollo: You could go ahead and make it.
Commissioner Hernandez: Twenty-six point one, is the represents the different neighborhoods
when you do...
Mr. Walter J. Foeman (City Clerk): Yeah, the Federal...
Commissioner Hernandez: .. to rescind the appointment of Reverend Dunn, correct?
Mr. Foeman: Right. Because at the time that resolution passed, he weren't on the Commission.
Commissioner Hernandez: Correct. I have, what is it, two per neighborhood?
Mr. Foeman: It's one per neighborhood.
Commissioner Hernandez: One per neighborhood. I have the first one in Overtown, Dania
Braddy, B-R-A-D-D-Y. And in Allapattah, Johnny Mathews. Little Havana, Jose Degoti, D-E-
G-O-T-I. And I'm still looking one for Model City and Wynwood. So I'm going to defer on
those two.
Mayor Carollo: OK. I'm going to include, since we're talking about the Federal Enterprise
Community Council, correct?
163 January 16, 1997
t
1
Commissioner Hernandez: Right.
Mayor Carollo: I'm going to include for the Wynwood area, my appointment will be William
Rios, the executive director of the Wynwood Community Economic Development Corp. I am
going to hold on the others before I make them.
Commissioner Plummer: Oh, boy. Bring out the red flags.
Mayor Carollo: OK, anybody else would like to make some...?
Commissioner Plummer: I have none on there.
Mayor Carollo: Do you have any you would like to make on there?
Commissioner Gort: No, I've got them all.
Mayor Carollo: OK. There's a motion, there's a...
Commissioner Plummer: Move the names so preferred.
Mayor Carollo: Moved by Commissioner Plummer, second by Commissioner Gort. All in
favor, signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-30
A RESOLUTION NOMINATING CERTAIN INDIVIDUALS TO REPRESENT THE
NEIGHBORHOODS OF ALLAPATTAH, LITTLE HAVANA, MODEL CITY,
OVERTOWN AND WYNWOOD, FROM WHICH SAID NOMINEES, ALONG WITH
THOSE NOMINEES PROFERRED PURSUANT TO RESOLUTION NOS. 96-574, 96-
738 AND 96-863, THE BOARD OF COUNTY COMMISSIONERS WILL SELECT
TWO INDIVIDUALS FROM EACH NEIGHBORHOOD TO SERVE ON THE
FEDERAL ENTERPRISE COMMUNITY COUNCIL.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
164
January 16, 1997
6jr..
MOTION NO. 97-30.1
A MOTION RECONSIDERING RESOLUTION 96-738 WHICH HAD APPOINTED
ANGEL GONZALEZ, CARLOS RODRIGUEZ-QUESADA, RALPH PACKINGHAM,
GRADY MOHAMED AND JOSH MORALES TO THE FEDERAL ENTERPRISE
COMMUNITY COUNCIL.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
RESOLUTION NO. 97-30.2
A RESOLUTION RESCINDING, IN ITS ENTIRETY, RESOLUTION 96-738,
ADOPTED OCTOBER 10, 1996; FURTHER NOMINATING CERTAIN
INDIVIDUALS TO REPRESENT THE NEIGHBORHOODS OF ALLAPATTAH,
LITTLE HAVANA, AND OVERTOWN, FROM WHICH SAID NOMINEES, ALONG
WITH THOSE NOMINEES PROFFERED PURSUANT TO PREVIOUSLY ADOPTED
RESOLUTIONS, THE BOARD OF COUNTY COMMISSIONERS WILL SELECT
TWO INDIVIDUALS FROM EACH NIEGHBORHOOD TO SERVE ONT HE
FEDERAL ENTERPRISE COMMUNITY COUNCIL.
Upon being seconded by Commissioner Gort, the resolutions were passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
36. APPOINT MICHELLE LUBIN/STEVE MARIN-- TO CITYWIDE
COMMUNITY DEVELOPMENT ADVISORY BOARD.
Mayor Carollo: I'm going to jump to 26.5, In the Citywide Community Development Board. I
have one appointment and I'll be naming Michel Lubin.
Mr. Walter J. Foeman (City Clerk): Michel. Repeat again please, Mr. Mayor?
Commissioner Plummer: Lubin.
Mayor Carollo: Michel Lubin, L-U-B-I-N. Moved by Commissioner Plummer, second by
Commissioner Gort.
165
January 16, 1997
1 Commissioner Hernandez: I'm appointing Steve Marin, M-A-R-I-N.
i
Mayor Carollo: OK. Any other appointments by any other Commissioners here?
Commissioner Plummer: No, that's all that...
Mr. Foeman: There were only two.
Commissioner Plummer: Nobody else has any.
i Mayor Carollo: OK, all those in favor, signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
i
RESOLUTION NO. 97-31
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE CITYWIDE COMMUNITY DEVELOPMENT ADVISORY
BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded b Commissioner the resolution was
P g y passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Humberto Hernandez
Vice Mayor
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
37. APPOINT BOB VALLEDOR TO NUISANCE ABATEMENT BOARD.
Commissioner Plummer: What else?
Mayor Carollo: On 26 point 22, the Nuisance Abatement Board, I will be naming Bob Valledor.
Commissioner Plummer: Which one?
Mayor Carollo: Nuisance Abatement Board.
Commissioner Plummer: What number?
166 January 16, 1997
a
Mayor Carollo: Twenty-six point 22.
Commissioner Plummer: Twenty-six point two?
Commissioner Gort: No, that's not 26 point 2.
Commissioner Plummer: It's no.
Commissioner Gort: Go ahead, J.L.
Commissioner Plummer: Which one?
Commissioner Gort: Twenty-six.
Commissioner Plummer: Twenty-two.
Mr. Foeman: Twenty-six point 22.
Commissioner Plummer: Twenty-two, OK.
Mayor Carollo: Well, whatever it is, the Nuisance Abatement Board.
Commissioner Plummer: Yeah.
Mayor Carollo: I'll be naming Bob Valledor.
Commissioner Hernandez: That's who I was going to appoint. So, I'll have to find someone
else. We're going to defer on that one and make one the next time.
Mayor Carollo: Moved by Commissioner Hernandez.
Commissioner Gort: Second.
Commissioner Plummer: Wait, let me...
Mayor Carollo: Second by Commissioner Gort.
Commissioner Plummer: Second. Let me ask a question. Did you not combine Nuisance and
Code Enforcement?
Unidentified Speaker: No, staff.
Commissioner Hernandez: Staff.
Mayor Carollo: No, staff.
Commissioner Plummer: We just combined the staff. Two still...
Mayor Carollo: All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: I'm going to hold back on some of my other appointments for the next meeting.
167 January 16, 1997
1
p1p.
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-32
A RESOLUTION APPOINTING CERTIAN INDIVIDUALS TO SERVE AS
MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS
DESIGNATED HEREIN. \
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Wifred Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
38. APPOINT GLEN DISTON TO COCONUT GROVE STANDING FESTIVAL
COMMITTEE.
Commissioner Hernandez: Twenty-six point six on the standing, Coconut Grove Standing
Committee, Glen Diston, D-I-S-T-O-N.
Commissioner Plummer: Move it.
Commissioner Gort: Second.
168 January 16, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-33
A RESOLUTION APPOINTING AN INDIVIDUALS TO SERVE AS A MEMBER OF
THE COCONUT GROVE STANDING FESTIVAL 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 Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
39 APPOINT MORENO HABIF TO PROPERTY AND ASSET REVIEW
COMMITTEE.
----------------------------------------------------------------------------------------------------------------
Commissioner Hernandez: Twenty-six point ten. Property and Asset Review Committee.
Moreno Habif, H-A-B-I-F.
Commissioner Gort: H-A-B-I-F?
Commissioner Plummer: Yeah.
Commissioner Hernandez: H-A-B-I-F.
Commissioner Gort: Moreno?
Commissioner Plummer: Moreno.
Commissioner Gort: Move it.
Commissioner Hernandez: Somebody needs to second it.
Commissioner Plummer: Did he sign a loyalty card?
Vice Mayor Tomas Regalado: Second.
Mayor Carollo: There is a motion, there is a second. All in favor, signify by saying "aye."
169
January 16, 1997
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-34
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF
THE PROPERTY AND ASSET REVIEW COMMITTEE FOR A TERM AS
DESIGNATED HEREIN.
i
(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 J. L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
j Vice Mayor Tomas Regalado
Mayor Joe Carollo
i
NAYS: None.
ABSENT: None.
_ ---------------------------------------------- -------------- -----------------------------------
-----------------
40. APPOINT GEORGE TRELLES/RAFAEL PORTUONDO TO LATIN
QUARTER REVIEW BOARD.
i
----------------------------------------------------------------------------------------------------------
Commissioner --Hernan--de-z: Twenty -six - point eight. Latin Quarter Review Board. I have Jorge,
j with a J. L. Trelles, T-R-E-L-L-E-S and Rafael Portuondo, P-O-R-T-U-O-N-D-O.
i
Commissioner Plummer: Move it.
Commissioner Gort: Second.
Mayor Carollo: There is a motion, there is a second.
Commissioner Plummer: After they sign the loyalty card.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-35
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE LATIN QUARTER REVIEW BOARD FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
------------------------------ ------------------------------------- ------------------------ ---------------
41. APPOINT ANGEL GONZALEZ TO CODE ENFORCEMENT BOARD FOR A
TERM AS DESIGNATED HEREIN.
----------------------------------------------------------------------------------------------------------------
Commissioner Hernandez: Twenty-six point fourteen. Code Enforcement Board, Angel
Gonzalez, G-O-N-Z-A-L-E-Z.
Commissioner Plummer: Move it.
Unidentified Speaker: Commissioner, what number is he on?
Commissioner Plummer: Twenty-six point fourteen.
Commissioner Hernandez: Twenty-six point fourteen.
Mayor Carollo: There is a motion. There is a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
171
January 16, 1997
a
i
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-36
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS AN ALTERNATE
MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Mayor Carollo, the resolution was passed and adopted by the
following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
-------------- -------------- ------------------------------------ ------------------------------------------------
42. APPOINT PHIL EVERYNGHAM TO WATERFRONT ADVISORY BOARD.
Commissioner Hernandez: Twenty-six point thirteen. Waterfront Advisory Board. Phil
Everingham, E-V-E-R-I-N-G-H-A-M.
Mayor Carollo: OK. There's a motion by Commissioner...
Commissioner Plummer: Move it.
Mayor Carollo: .. Plummer. Second by Commissioner Gort. All in favor signify by saying
The Commission (Collectively): Aye.
172 January 16, 1997
I
.N
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-37
i
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
REGULAR MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS
AS DESIGNATED HEREIN.
I
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Wifred Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
-----------------
43. DISCUSS APPOINTMENTS TO- HISTORIC AND .ENVIRONMENTAL
PRESERVATION BOARD.
Commissioner Hernandez: Twenty-six point 15. The Historical Environmental Board, Richard
Heisenbottle.
Commissioner Plummer: May I ask a question? I had an appointment to that board, and I made
that appointment. But yet, I see the name down here is up for reappointment, is that what it is?
Why was my appointment taken off?
Commissioner Gort: Residency perhaps.
Commissioner Plummer: He didn't sign a loyalty card.
Vice Mayor Regalado: Working for the committee.
Mr. Walter J. Foeman (City Clerk): Excuse me. Commissioner, he's not a resident of the City.
You're going to have to do a waiver.
Commissioner Plummer: No, I... Joseph Richards was my appointment to this board. And I'm
asking why...
Mayor Carollo: Well, bring it up with the Clerk afterwards, Commissioner.
Commissioner Plummer: Mr. Clerk?
173
January 16, 1997
I
Mr. Foeman: Yes.
Commissioner Plummer: You're showing here that this is an appointment of Mr. Regalado, one
of these names. Is that correct?
Mr. Foeman: These were the applicants that were submitted, that you were supposed to vote on.
Commissioner Plummer: But, why would... I appointed Joseph Richards to this board. Now,
why? I don't understand.
Mr. Foeman: Well, there were more than one categories so, applicants submitted applications to
more than one category.
Commissioner Plummer: But why would he even be an applicant if I appointed him three or
four months ago?
Vice Mayor Regalado: Because I haven't named anybody there and I haven't chosen any of the
applicants in my category.
Commissioner Plummer: I'm sorry. Am I missing something? I have the right to appoint
somebody to that board, correct?
Mr. Foeman: Yes, you do, Commissioner.
Commissioner Plummer: Then why -is my -appointment up as an applicant rather than a board
member.
Mr. Foeman: Well, I guess at the time... I don't... This is not my item. This is that
administration's item but there were applications that were submitted to more than one category.
Commissioner Gort: Go back to your executive director.
Commissioner Plummer: Would you check it for me?
Mr. Foeman: I will check it for you.
----------------------------------------------------------------------------------------------------------------
44. APPOINT ROSA CABEZA TO HEALTH FACILITIES AUTHORITY.
Commissioner Hernandez: Twenty-six point twenty, Health Facilities Authority. Rosa Cabaea,
C-A-B-E-Z-A.
Mayor Carollo: There is a motion.
Commissioner Plummer: Move it.
Mayor Carollo: Second by Commissioner Hernandez.
Commissioner Hernandez: Yeah.
174' January 16, 1997
[Al
Commissioner Gort: What's the number again?
Commissioner Plummer: Twenty-six twenty.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-38
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF
THE HEALTH FACILITIES AUTHORITY TO FILL THE REMAINDER OF AN
UNEXPIRED TERM AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
45. APPOINT BOB RODRIGUEZ, ORLANDO GARCIA, JR., MARIA ELENA
ALFONSO TO THE INTERNATIONAL TRADE BOARD.
----------------------------------------------------------------------------------------------------------------
Commissioner Hernandez: Twenty-six point twenty-one which is the International Trade Board.
Bob Rodriguez, Orlando Garcia and Maria Elena Alfonso, A-L-F-O-N-S-O.
Mayor Carollo: There is a motion by Commissioner Gort.
Commisioner Gort: Second
Commissioner Plummer: Second.
Mayor Carollo: Second by Commissioner Plummer. All those in favor, signify by saying "aye."
The Commission (Collectively): Aye.
175 January 16, 1997
9
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO, 97-39
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE INTERNATIONAL TRADE BOARD FOR TERMS AS
DESIGNATED HEREIN.
j (Here follows body of resolution, omitted here and on file in the Office of the City
j Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
-- - -----------------------------------------------------------------------------------------------------------------
46. APPOINT REGINA BERMAN TO COMMISSION ON STATUS OF WOMEN.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: OK, we're finish right?
Commissioner Gort: I've got three.
Commissioner Plummer: You've got what?
Commissioner Gort: Twenty-six seven, Commission on Status for Women.
Commissioner Plummer: OK.
Commissioner Gort: Virginia Berman.
Mayor Carollo: Moved by Commissioner Hernandez.
Commissioner Hernandez: Yeah.
Mayor Carollo: Second by Commissioner Plummer. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
176 January 16, 1997
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-40
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS
AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
--------------------------------------------------------- ------------------------------------------------------
47. APPOINT ORLANDO GARCIA, JR. TO BOARD OF DIRECTORS OF THE
UNITY COUNCIL OF MIAMI ("TUCOM").
----------------------------------------------------------------------------------------------------------------
Commissioner Gort: Twenty-six twelve. Carlos Arbolaja resigned from TUCOM (The Unity
Council of Miami), and I'd like to propose Orlando Garcia, Jr.
Mayor Carollo: Move. Well, can he be in two boards? I think he's...
Commissioner Hernandez: ... one is advisory and the other one is...
Commissioner Plummer: As long as both of them are not the same.
Mayor Carollo: OK, moved by Commissioner Hernandez, second by Commissioner Regalado.
All in favor signify by saying "aye."
The Commission (Collectively): Aye.
177
January 16, 1997
t6,x:,
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-41
A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE BOARD
OF DIRECTORS OF THE UNITY COUNCIL OF MIAMI ("TUCOM") 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 Mayor Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
'48. APPOINT RAMIRO MARRERO TO AFFIRMATIVE ACTION ADVISORY
BOARD.
Commissioner Gort: Twenty-six sixteen. Affirmative Action Advisory Board, Ramiro Marrero,
reappointment.
Mayor Carollo: Motion by Commissioner Plummer, second by Commissioner Regalado. All in
favor signify by saying "aye."
The Commission (Collectively): Aye.
178 January 16, 1997
I
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-42
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE CITY OF MIAMI AFFIRMATIVE ACTION ADVISORY
BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Wifred Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
49. DISCUSS APPOINTMENT TO BAYFRONT PARK MANAGEMENT TRUST.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: OK, Mr. Manager, do you have anything else for us?
Mr. Edward Marquez (City Manager): No, sir.
Mayor Carollo: OK, the...
Commissioner Plummer: Excuse me, may I inquire, Commissioner Hernandez, on the Bayfront
Park Management? Did you make your appointment?
Commissioner Hernandez: No. I have one, if you want me to make it right now?
Commissioner Hernandez: Twenty-six point twenty five, Bayfront Management Park Trust,
Paul Singerman, S-I-N-G-E-R-M-A-N.
Commissioner Plummer: OK, I also will be having an appointment because it's not caught up
here yet. But my... One of my appointments did resign. And so I'll be making it at the next
meeting.
END OF DISCUSSION -- NO ACTION TAKEN
179 January 16, 1997
F
50. (A) CITY MANAGER TO DISCUSS AT NEXT COMMISSION
MEETING ALTERNATIVES TO FINANCIAL PLAN AND
ADDRESS QUESTION OF HAVING ADDITIONAL $9,000,000 IN
RESERVE.
(B) COMMISSIONER PLUMMER EXPRESSES CONCERN ABOUT
NEED FOR OVERSIGHT BOARD TO MEET DIRECTLY WITH
CITY COMMISSIONERS ON REGULAR BASIS.
(C) SETTING CAP OF $20,000. TO PAY OUTSIDE COUNSEL
ENGAGED BY MERRIT STIERHEIM FOR LABOR & PENSION
MATTERS.
Mr. Edward Marquez: Mr. Mayor, I misspoke about not having any other items. I just want to
inform the hoard that if, for the next meeting, I will he bringing up alternatives to address the
issue of our financial plan submission back to the State Board.
Mayor Carollo: That's correct, Mr. Manager. I think that's the appropriate time to take it so that
we have some time for us to look at some of the other alternatives that we had and for you to
speak to the individual members of the Commission. As I understand it, they really want an
additional nine point nine million ($9,900,000). They want us to keep the sixty-eight million
($68,000,000) budget that we gave them. But they want us to come up with another nine point
nine million ($9,900,000), on the areas that they had question marks on, on our original budget
that we presented them.
Mr. Marquez: I think a fair way of characterizing it is, they've taken nine point eight million
dollars ($9,800,000) out of the sixty-eight ($68,000,000), and saying those are questioned items.
Mayor Carollo: OK.
Mr. Marquez: They want us to replace that...
Mayor Carollo: OK, what we'll...
Mr. Marquez: ... and then over an above that they're asking for thirteen million dollars
($13,000,000) more.
Mayor Carollo: OK, well I am going to address the sixty-eight million ($68,000,000). There is
nothing in the contract that we had, the contract that they gave us to sign that talked about any
additional reserves. But, on the question of the nine point nine ($9,900,000) or nine point eight
($9,800,000), I believe that we're getting some confirmation on three million ($3,000,000) of
that from the federal government, that should satisfy them. So, that's going to be brought down
to right under seven million ($7,000,000). That's why I think it's best to bring it up on the 23rd
which will give us plenty of time to get to them with a plan on time. In the meantime, we all
know what alternatives we have, we have plenty of alternatives that we could provide for them,
and speak to each member of the Commission between now and then, after you go through them
and then we'll deal with it on the 23rd. And as far as the 20 percent reserve, I would suggest
that you speak to the members of the Commission on that too. But, there is nothing whatsoever
in that contract that we signed with them, the one that they gave us to sign, that mentioned
anything about any kind of reserve of 20 percent, 10 percent, 30 percent or any other percent.
And, I have a problem with that especially when there was never any talk whatsoever to any of
us about that and we got hit from the blind side when they came up with that. And, we'll deal
with it on the 23rd.
180 January 16, 1997
Mr. A. Quinn Jones, III, Esq. (City Attorney): Mister...
Commissioner Plummer: My next question?
Mr. Jones: Go ahead.
Commissioner Plummer: Why are we operating in a vacuum, OK? Why aren't we meeting
directly with the Oversight Committee? I mean, we're second guessing what they may or may
not want, why aren't we not meeting directly with those people who have some control over?
Mayor Carollo: J.L., I suggest you talk to the Manager on that privately, and let's not get into
that now. It's late and it's best that we don't.
Commissioner Plummer: OK.
Mr. Jones: Mr. Mayor, if I could just very quickly.
Mayor Carollo: Mr. City Attorney.
Mr. Jones: When the interim City Manager was here, he asked your approval for... to engage
outside counsel for two matters. The labor matters in anticipation of opening up the labor
agreements, Crosland from Muller Mintz. And also he asked for your approval to engage Steve
Lapidus from Greenberg Traurig on the pension issue. You passed it but you didn't set any cap
and I'm trying to go back and clean up the legislation. So, you didn't set any cap as to either of
those engagements.
Commissioner Plummer: I thought we set caps on both?
Mr. Jones: No, you didn't set any caps on either of them.
Commissioner Plummer: OK.
iMayor Carollo: You want to come back with a suggestion on a cap?
Mr. Jones: Well, I can suggest now, and if it's over and above, you know, I'll say twenty
thousand ($20,000) each. I don't know that the bills to date will approach that but, if it's less it's
less. If it's more, it's more.
Commissioner Plummer: So move.
Mayor Carollo: OK, there is a motion by Commissioner Plummer.
Unidentified Speaker: Cap it at twenty?
Mayor Carollo: At 20 ($20,000) each. Of course, well, that was before hand.
Mr. Jones: Yeah.
Mayor Carollo: But I don't know if it still has to be brought up before the board.
Mr. Jones: Right.
Mayor Carollo: Moved by Commissioner Plummer. Is it seconded by anyone?
181
January 16, 1997
Vice Mayor Regalado: Yes, me.
Mayor Carollo: Second by Commissioner Regalado. Any questions on it? All in favor signify
by saying "aye." No, nays? No nays. This meeting is adjourned.
The following resolutions were introduced by Commissioner Plummer, who moved their
adoption:
RESOLUTION NO. 97-43
A RESOLUTION (CROSLAND MAXIMUM PAY FOR OUTSIDE COUNSEL -
PENDING)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
RESOLUTION NO. 97-43.1
A RESOLUTION ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO
EXCEED $20,000, FROM ACCOUNT CODE NO. 920205-250 TO PROVIDE
PAYMENT TO THE LAW FIRM OF GREENBERG TRAURIG, ET AL, P.A., FOR
SERVICES PROVIDED BY SAID FIRM IN CONNECTION WITH THE ROLLOVER
OF INTERNATIONAL CITY MANAGEMENT ASSOCIATION (ICMA) DEFERRED
COMPENSATION MONEYS INTO THE CITY'S PENSION PLAN FOR FIFTEEN
"CITY OF MIAMI EXECUTIVES, SAID SERVICES PREVIOUSLY AUTHORIZED
PURSUANT TO RESOLUTION NO. 96-699.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Regalado the resolutions was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
182 January 16, 1997
v
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 6:57 P.M.
JOE CAROLLO
MAYOR
ATTEST:
Walter J. Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
16
Cox
183 January 16, 1997