HomeMy WebLinkAboutCC 1997-03-27 MinutesCITY OF MIAM:
OF MUING HELD ON MARCH 27, 1997
PLANNIN-G AND ZONING
PREPARE® BY THE OFFICE OF THE CITY CLERK
CITY HALL
L
WALTER J. FOEMAN
CITY CLERK
F
INDEX
MINUTES OF PLANNING AND ZONING MEETING
ITEM SUBJECT
NO.
March 27, 1997
1. AUTHORIZE EXECUTIVE DIRECTOR TO
EXECUTE TRANSFER DOCUMENTS -- FOR
PURPOSES OF CONVEYING MIAMI ARENA
SUBDIVISION TRACTS A/B/C -- FURTHER
ASSIGNING CRA'S INTEREST IN MIAMI
ARENA LAND LEASE AGREEMENT TO CITY.
2. COMMENTS FROM COMMISSIONER
PLUMMER REGARDING ROLE OF
COMMUNITY REDEVELOPMENT AGENCY
(CRA ADVISORY BOARD & CONDUCT OF
i
MONTHLY MEETINGS.
j 3. COMMISSION EXPRESSES CONDOLENCES
i TO FAMILY OF JAMES ARTHUR RYDER,
4. AMEND R95-268 -- DELETE REFERENCES
TO BONDS / LOANS FOR MIAMI ARENA
UNDER ATTACHMENT A-- FURTHER
CONFIRM THAT AGREEMENT IN R95-268
HAS NO APPLICABILITY TO MIAMI ARENA.
5. AUTHORIZE SALE OF LAND UNDER MIAMI
ARENA TO MIAMI SPORTS & EXHIBITION
AUTHORITY (MSEA) FOR $5.9 MILLION.
6. AUTHORIZE PAYMENT TO METRO-DADE
COUNTY TO COVER COST OF SPECIAL
ELECTIONS (7/23 & 9/3/96) & CITY REGULAR
ELECTION (11/14/96) -- ALLOCATE FUNDS
($223,393.33, SPECIAL PROGRAMS &
ACCOUNTS 001000,921102.6.270).
7. PRESENTATIONS/COMMENDATIONS.
8. FIRST READING ORDINANCE: PROPOSED
APPROVAL OF CREATION OF THE "BAY
HEIGHTS ROVING SECURITY GUARD
SPECIAL TAXING DISTRICT" BY
METROPOLITAN DADE COUNTY FOR BAY
HEIGHTS NEIGHBORHOOD -- FOR PURPOSE
OF PROVIDING ROVING POLICE PATROL
SERVICE.
LEGISLATION PAGE
NO.
SEOPW/CRA 1-3
R 97-3
3/27/97
DISCUSSION 3-6
3/27/97
R 97-194 7.8
3/27/97
R 97-195 8-9
3/27/97
R 97-196 9-10
3/27/97
R 97-197
3/27/97
DISCUSSION
3/27/97
ORDINANCE
FIRST
READING
3/27/97
10-11
11-12
12-14
F
9. DISCUSS / DEFER CONSIDERATION OF M 97-198
AGENDA ITEM 56 (CONCERNING BAYSIDE 3/27/97
SEAFOOD RESTAURANT, INC.'S PROPOSAL
TO (1) AMEND EXISTING FEE STRUCTURE
AS PROVIDED IN ITS REVOCABLE PERMIT --
(2) PREPAY RENT -- INVEST
APPROXIMATELY $250,000 IN RESTAURANT
AT 3501 RICKENBACKER CAUSEWAY) UNTIL
AMOUNT OF DEBT HAS BEEN VERIFIED.
10. FIRST READING ORDINANCE: PROPOSE ORDINANCE
AMENDING CAPITAL IMPROVEMENTS FIRST
ORDINANCE 11337, -- CONTINUE / REVISE READING
PREVIOUSLY APPROVED SCHEDULED 3/27/97
CAPITAL IMPROVEMENT PROJECTS --
ESTABLISH NEW CAPITAL IMPROVEMENT
PROJECTS TO BEGIN DURING FY' 96-97.
ti. RATIFY / APPROVE / CONFIRM CITY R 97-199
MANAGER'S FINDING OF EMERGENCY -- 3/27/97
APPROVE TEMPORARY LEGAL
SECRETARIAL SERVICES -- FOR CITY
ATTORNEY FROM PERSONNEL ONE --
ALLOCATE FUNDS ($20,000 FROM ACCOUNT
CODE NO, 230101-250).
12. RATIFY / APPROVE / CONFIRM CITY R 97-200
MANAGER'S EMERGENCY FINDING -- WAIVE 3/27/97
--COMPETITIVE COMPETITIVE SEALED BIDS -- APPROVE
TEMPORARY STAFFING SERVICES FROM
REGENCY TEMPORARY STAFFING, INC.
($27,889.68) -- FURTHER APPROVING
PAYMENT OF PAST DUE INVOICES FOR
TEMPORARY STAFFING SERVICES
PROVIDED BY OLSTEN STAFFING
SERVICES, INC. ($40,026.81) & BY REGENCY
TEMPORARY STAFFING, INC., ($47,954) --
ALLOCATE FUNDS FROM FY '96/97
RECYCLING AND EDUCATION GRANT CODE
421307-001-197009.
13. PERSONAL APPEARANCES: R 97-201
REPRESENTATIVE(S) FROM STARS OF 3/27/97
CALLE OCHO -- REQUEST COMMISSION
APPROVAL OF CELEBRITIES' NAMES TO BE
PLACED ON CALLE OCHO WALK OF FAME --
FURTHER STIPULATE TO PLACE STARS
WITHIN ONE YEAR PERIOD.
14-26
26-28
28-29
29-31
31-34
14. DISCUSS / DESIGNATE CAPTAIN EDUARDO M 97-202
FERRER & CITY REPRESENTATIVES TO 3/27/97
MEET WITH DADE COUNTY AVIATION
REGARDING NOISE ABATEMENT
PROCEDURES AT AIRPORT & FEDERAL /
LOCAL ENFORCEMENT OF SAME --
FURTHER INSTRUCT COMMITTEE TO
RESEARCH HANDLING OF AIRPORT NOISE
INTRUSION INTO RESIDENTIAL AREAS BY
BOSTON & ATLANTA -- FURTHER APPOINT
VICE MAYOR REGALADO AS CITY LIAISON
TO COMMITTEE.
15. (A) DISCUSS / DEFER APPROVAL OF M 97-203
QUEST TO REFINANCE EXISTING CITY 3/27/97
LOANS FOR INDIAN RIVER PROPERTIES /
IDEAL REHAB, INC. / LIBERTY CITY
IMPROVEMENTS CORP. / DOWNTOWN
INVESTMENTS, INC. UNTIL NEEDED
FINANCIAL DOCUMENTS ARE PROVIDED --
FURTHER APPOINTING COMMISSIONER
HERNANDEZ TO MEDIATE SAID MATTER /
TO ENSURE ALL INFORMATION
NECESSARY HAS BEEN SUBMITTED.
(B) ASSISTANT CITY ATTORNEY LINDA
KEARSON CLARIFIES CITY'S RECEIPT OF
SECTION 108 LOAN.
16. _ :.DISCUSS ALLOCATION OF .FUNDS FROM.`- DISCUSSION
SALE OF "911 RESCUE MIAMI" TEE SHIRTS. 3/27/97
17. AUTHORIZE / DIRECT CITY MANAGER TO
M 97-204
REPORT TO CITY COMISSION PROPERTIES
3/27/97
/ LEASES / CONTRACT NOT CURRENT IN
PAYMENTS DUE TO CITY -- FURTHER
REQUEST SIMILAR REPORT FROM MIAMI
CAPITAL.
18. COMMISSIONER REQUESTS AGAIN WEEKLY
DISCUSSION
REPORT REGARDING COST OF POLICE
3/27/97
COURT OVERTIME -- FURTHER DIRECT
ADMINISTRATION BY COMMISSIONER
PLUMMER TO HAVE POLICE PROVIDE
WEEKLY REPORT OF IMPOUNDING
ACTIVITIES -- FURTHER DIRECT
ADMINISTRATION BY COMMISSIONER
PLUMMER TO HAVE POLICE CONTINUE
STREET SWEEPS OF COCONUT GROVE
FOR 21 DAYS/THREE TIMES PER DAY.
19. AUTHORIZE / DIRECT CITY MANAGER TO
R 97-205
WORK WITH ORGANIZATIONS
3/27/97
FEEDING/CLOTHING HOMELESS TO
ESTABLISH EFFECTIVE ADMINISTRAIVE
PROCEDURES FOR SUCH EFFORTS -- TO
CONTROL LITTERING IN CONNECTION WITH
SAME,
35-40
40-57
57-58
59-60
61
62-64
__j
20.
(A) AUTHORIZE / DIRECT CITY MANAGER TO
M 97-206 64-69
ENTER INTO REVOCABLE PERMIT WITH
3/27/97
DINNER KEY BOATYARD TENANTS WITH
STIPULATIONS.
(B) DIRECT ADMINISTRATION BY VICE
MAYOR REGALADO TO PROVIDE REPORT
ON FIRING OF RUBEN CRUZ
(C) COMMISSION COMMENTS ON BOATS AT
DINNER KEY BOATYARD.
21.
AUTHORIZE MEMORANDUM OF
R 97-207 70-72
UNDERSTANDING BETWEEN CITY & BLUE
3/27/97
RIBBON TASK FORCE -- FOR IMPROVEMENT
OF BUSINESS PRACTICES OF CITY
GOVERNMENT -- FURTHER AUTHORIZE
$300,000 IN EXPENDITURES ANNUALLY --
FURTHER INDEMNIFY TASK FORCE
AGAINST THIRD PARTY CLAIMS -- SEE
LABEL 32.
22.
ESTABLISH MINIMUM SALES PRICE FOR
R 97-208 72-74
EXHIBIT PROPERTIES -- FURTHER DIRECT
3/27/97
ADMINISTRATION TO GIVE PREFERENCE
TO HIRING APPRAISERS LOCATED WITHIN
CITY LIMITS.
23.
APPROVE WITH CONDITIONS REQUEST OF
R 97-209 74-76
MARCH OF DIMES TO USE GLASS HOUSE IN
3/27/97
PEACOCK PARK -- FOR ANNUAL
WALKAMERICA WALK-A-THON SCHEDULED
FOR APRIL 5, 1997.
24.
DISCUSS REQUEST FOR FEE WAIVER FOR
M 97-210 76-78
S.A.B.E.R.,INC. -- AGREE TO FIND FACILITY
3/27/97
TO CONDUCT PRE -EMPLOYMENT TRAINING
SESSIONS.
25.
APPROVE WITH CONDITIONS REQUEST TO
R 97-211 78-79
HOLD CUBAN MUNICIPALITIES FAIR EVENT
3/27/97
SECHEDULED FOR APRIL 3 - JUNE 6, 1997,
ON FLAGLER DOG TRACK.
26.
APPROVE ESTABLISHING INVESTMENT
R 97-212 79-80
POLICY FOR CITY RELATED TO PUBLIC
3/27/97
FUNDS.
27.
DISCUSS / DEFER APPOINTMENTS TO
DISCUSSION 80-81
PLANNING ADVISORY BOARD -- FURTHER
3/27/97
ADVISE CITY CLERK TO READVERTISE
SAME -- SEE LABEL 53.
28.
(A) DIRECT ADMINISTRATION TO
M 97-213 82-85
ORDINATE ALL AGENDA ITEMS WITH
M 97-214
MAYOR'S OFFICE.
3/27/97
(B) DISCUSS / CONTINUE AGENDA ITEMS
PZ-18 THROUGH PZ-27, EXCEPT PZ-22 TO
FUTURE COMMISSION MEETING.
(C) AGREE TO DEFER AT 6 P.M.
CONSIDERATION OF AGENDA ITEM PZ28
(APPEAL OF ZONING BOARD DECISION --
LAZARO & MARIA ALBO).
(D) DIRECT ADMINISTRATION TO NOTIFY
ROADS HOMEOWNERS ASSOCIATION OF
DEFERRAL OF AGENDA ITEM 31 (ST. HUGH
OAKS VILLAGE ASSOCIATION MEETING) --
SEE LABEL 37.
29.
BRIEF REPORT BY COMMISSIONER
DISCUSSION 86-87
PLUMMER ON LEGISLATIVE ACTION
3/27/97
RELATING TO AD VALOREM TAXATION
ISSUE.
30.
DISCUSS / CONTINUE TO MEETING OF MAY
DISCUSSION 87-93
22, 1997 CONSIDERATION OF PZ1 (APPEAL
3127/97
OF ZONING BOARD DECISION WHICH
DENIED VARIANCE TO PERMIT STRUCTURE
WITH SIDE SETBACK OF 2.75' FOR EXISTING
ADDITION TO SINGLE FAMILY HOME --
APPLICANT: MARTHA VALVERDE --
-='.LOCATION: 1746 S.W. 11 STREET).
31.
COMMENTS BY MAYOR CAROLLO
DISCUSSION 93-94
REGARDING DELAY IN SIGNING OF
3/27/97
TRANSFER OF LAND UNDER MIAMI ARENA.
32.
MAYOR CAROLLO RECOGNIZES MODESTO
DISCUSSION 95
MAIDIQUE & EDWARD T. FOOTE CO-
3/27/97
CHAIRPERSONS OF BLUE RIBBON TASK
FORCE TO REVIEW CITY BUSINESS
PRACTICES -- SEE LABEL 21.
33.
APPROVE OFFICIAL VACATION / CLOSURE
R 97-215 96-99
OF PUBLIC RIGHT-OF-WAY -- LOCATION:
3/27/97
N.E. BAYSHORE CT BETWEEN N.E. 13 & 14
STREETS / PORTION OF N.E. 14 STREET
BETWEEN N. BAYSHORE DRIVE & N.E.
BAYSHORE COURT & SEVERAL
EASEMENTS WITHIN PROPOSED PLAT --
APPLICANT: KNIGHT RIDDER NEWSPAPER,
INC.
34.
PZ-3 - APPROVE WITH CONDITIONS
R 97-216 99-102
VACATION / CLOSURE OF PUBLIC RIGHT-
3/27/97
OF -WAY -- LOCATION: S.W. 8 STREET TO 7
STREET & 42 AVENUE TO 43 AVENUE --
APPLICANT: ANTHONY R. ABRAHAM
CHEVROLET CO. & RAYMOND & DOROTHY
BALL TRUST.
L
35.
PROPOSED FIRST READING ORDINANCE:
ORDINANCE
AMEND ORDINANCE 10544, FUTURE LAND
FIRST
USE MAP OF COMPREHENSIVE
READING
NEIGHBORHOOD PLAN -- CHANGE LAND
3/27/97
USE DESIGNATION OF 2979-89-95 S.W.4
STREET FROM SINGLE FAMILY
RESIDENTIAL TO DUPLEX RESIDENTIAL --
APPLICANT: COMMUNITY PLANNING &
REVITALIZATION.
36.
PROPOSED FIRST READING ORDINANCE:
ORDINANCE
CHANGE OF ZONING ATLAS, ARTICLE 4,
FIRST
SECTION 401, SCHEDULE OF DISTRICT
READING
REGULATIONS -- FROM R-1 SINGLE FAMILY
3/27/97
RESIDENTIAL TO R-2 DUPLEX
RESIDENTIAL -- LOCATION: 2979-89-95 S.W.
4 STREET -- APPLICANT: COMMUNITY
PLANNING & REVITALIZATION.
37.
COMMENTS BY COMMISSIONER PLUMMER
DISCUSSION
ABOUT COMMISSION DEFERRAL OF ST.
3/27/97
HUGH OAKS VILLAGE ASSOCIATION
MEETING -- SEE LABEL 28.
38.
DISCUSS / CONTINUE TO MEETING OF
M 97-217
SEPTEMBER 25, 1997 CONSIDERATION OF
3/27/97
AGENDA ITEM PZ-6 (PROPOSED FIRST
READING ORDINANCE AMENDING
'=ORDINANCE 10544 FROM SINGLE FAMILY
RESIDENTIAL TO TWO FAMILY RESIDENTIAL
TO CHANGE FUTURE LAND USE ELEMENT
OF COMPREHENSIVE PLAN -- LOCATION:
2989 S.W. 4 STREET -- APPLICANT: JORGE &
FARIDA GONZALEZ.
39.
DISCUSS / CONTINUE TO MEETING OF
M 97-218
SEPTEMBER 25, 1997 CONSIDERATION OF
3/27/97
AGENDA ITEM PZ7 (CHANGE OF ZONING
FROM R-1 SINGLE FAMILY RESIDENTIAL TO
R-2 TWO FAMILY RESIDENTIAL-- LOCATION:
2989 S.W. 4 STREET -- APPLICANT: JORGE &
FARIDA GONZALEZ.
40.
SECOND READING ORDINANCE: AMEND
ORDINANCE
ORDINANCE 10544, MIAMI COMPREHENSIVE
11473
NEIGHBORHOOD PLAN 1989-2000 -- FROM
3/27/97
DUPLEX RESIDENTIAL TO RESTRICTED
COMMERCIAL -- TO CHANGE FUTURE LAND
USE ELEMENT OF COMPREHENSIVE
PLAN -- LOCATION: 3601 S.W. 22 TERRACE --
APPLICANT: UNIVERSAL REALTY &
DEVELOPMENT INC.
102-104
104-105
105
106-107
107-108
109-111
-i
41.
SECOND READING ORDINANCE: CHANGE
ORDINANCE 111-112
ZONING ATLAS, ARTICLE 4, SECTION 401 --
11474
FROM R-2 TWO FAMILY RESIDENTIAL TO C-
3/27/97
1 RESTRICTED COMMERCIAL -- LOCATION:
3601 S.W. 22 TERRACE -- APPLICANT:
UNIVERSAL REALTY & DEVELOPMENT INC.
42.
DISCUSS / CONTINUE TO MEETING OF MAY
M 97-219 112-113
22, 1997 CONSIDERATION OF AGENDA ITEM
3/27197
PZ10 (PROPOSED SECOND READING
ORDINANCE: AMEND ORDINANCE 10544 --
CHANGE LAND USE DESIGNATION AT 521-
23-25-35-37-45 N.W. 23 COURT FROM
DUPLEX RESIDENTIAL TO MULTI -FAMILY -
DENSITY RESIDENTIAL).
43.
CONTINUE TO MEETING OF MAY 22, 1997
M 97-220 113-114
CONSIDERATION OF AGENDA ITEM PZ11
3/27/97
(PROPOSED SECOND READING
ORDINANCE: AMEND ORDINANCE 11000--
CHANGE ZONING ATLAS FROM R-2 TWO
FAMILY RESIDENTIAL TO R-3 MULTIFAMILY
MEDIUM DENSITY RESIDENTIAL --
LOCATION: 521-23-25-27-35-37-45 N.W. 43
COURT).
44.
CONTINUE TO MEETING OF MAY 22, 1997
M 97-221 114-115
CONSIDERATION OF AGENDA ITEM PZ12
3/27/97
(PROPOSED SECOND READING
ORDINANCE: AMEND ARTICLES 4& 25 OF
ZONING ORDINANCE 11000 -- TO ALLOW
HEALTH SPAS OR STUDIOS IN OFFICE
ZONING DISTRICT).
45.
PROPOSED FIRST READING ORDINANCE:
ORDINANCE 115-116
AMEND CHAPTER 4 OF CODE -- ADD
FIRST
EXCEPTION FOR ALCOHOLIC BEVERAGE
READING
ESTABLISHMENT USES WHICH PRECEDE
3/27/97
SCHOOLS OR CHURCHES -- APPLICANT:
COMMUNITY PLANNING & REVITALIZATION.
46.
(A) PROPOSED FIRST READING
ORDINANCE 116-119
ORDINANCE: AMEND ORDINANCE 11000,
FIRST
ARTICLE 1, SECTION 1101.5 -- PROVIDE
READING
EXCEPTION CLAUSE FOR ALCOHOL
M 97-222
BEVERAGE ESTABLISHMENT USES WHICH
3/27/97
PRECEDE SCHOOLS OR CHURCHES.
(B) SCHEDULE PROPOSED SECOND
READING TO PROVIDE EXCEPTION FOR
MEETING IF MAY 22,1997 BEFORE 5:P.M.
Lo
7
47.
(A) PROPOSED FIRST READING
M 97-223
120-132
ORDINANCE: AMEND CHAPTER 35 OF
M 97-224
CODE -- ADD NEW ARTICLE ENTITLED
ORDINANCE
"VALET PARKING" -- FOR ESTABLISHMENT
FIRST
OF VALET PARKING IN DOWNTOWN.
READING
(B) DISCUSS ALLEGATIONS OF SELECTIVE
3/27/97
ENFORCEMENT OF TOWING CARS
DOWNTOWN -- DIRECT CITY MANAGER TO
STOP / INVESTIGATE ACTIVITIES OF
SCOFFLAW TASK FORCE.
(C) APPROVE STAFF TO STUDY CREATING
SAME TYPE OF VALET PARKING
ORDINANCE FOR COCONUT GROVE
BUSINESS AREA.
48.
DIRECT ADMINISTRATION TO REPORT ON
DISCUSSION
132-133
TRAFFIC CONTROL DEVICES ON GRAND
3/27/97
AVENUE AND VIRGINIA STREET DURING
WEEKENDS.
49.
PRESENTATION: MAYOR NAN CHENG SU
DISCUSSION
133-135
OF GAUSHUN, TAIWAN & HIS WIFE DR.
3/27/97
SUSAN SAGA CHENG.
50.
DISCUSS / CONTINUE CONSIDERATION OF
M 97-225
135-138
AGENDA ITEM PZ16 TO MEETING OF 5 / 22 /
3/27/97
97 ( APPEAL OF SPECIAL EXCEPTION TO
PERMIT CONVERSION TO PLACE OF
°WORHIP _.-- LOCATION: 3.11-321 N.E. 79
STREET).
51.
DISCUSS / CONTINUE TO MEETING OF MAY
M 97-226
138-139
22, 1997 CONSIDERATION OF AGENDA ITEM
3/27/97
PZ17 (APPEAL OF ZONING BOARD'S
DECISION TO PERMIT REDUCTION OF
GREEN SPACE FOR PLACE OF WORSHIP --
LOCATION: 311-321 N.E.79 STREET).
52.
GENERAL COMMENTS REGARDING
DISCUSSION
140-143
COMMISSION'S INTENT ON DEFERRAL OF
3/27/97
PLANNING AND ZONING ITEMS.
53.
APPOINT DORIS K. SCHEER TO PLANNING
M 97-227
143-144
ADVISORY BOARD -- SEE LABEL 27 AND
3/27/97
56 -- DIRECT CITY CLERK TO READVERTISE.
54.
APPOINT HENRY CRESPO, SR. / ILEANA
R 97-228
144-145
HERNANDEZ ACOSTA / GLORIA M. BASILA
3/27/97
TO ZONING BOARD.
55.
DISCUSS APPOINTMENTS TO FEDERAL
DISCUSSION
145-147
ENTERPRISE COMMUNITY COUNCIL. -- SEE
3/27/97
LABEL 57.
56.
APPOINT TESSY GARCIA-SMITH TO
R 97-229
147
PLANNING ADVISORY BOARD -- SEE LABEL
3/27/97
27 & 53.
L
57.
APPOINT EDGAR MACIAS TO FEDERAL
R 97-230
148-149
ENTERPRISE COUNCIL.
3/27/97
58.
DISCUSS / DEFER APPOINTMENT TO
M 97-231
149-150
AFFORDABLE HOUSING ADVISORY
3/27/97
COMMITTEE.
59.
APPOINT JOSEPH DOWLING TO AUDIT
R 97-232
150-151
ADVISORY COMMITTEE.
3/27/97
60.
APPOINT LOU WEXLER TO BUDGET &
R 97-233
151-152
FINANCES REVIEW COMMITTEE.
3/27/97
61.
APPOINT FRED ST. AMAND TO CITYWIDE
R 97-234
152-154
COMMUNITY DEVELOPMENT ADVISORY
3/27/97
BOARD.
62.
APPOINT MARICELA CURBELO / SUSANNE
R 97-235
154-155
TORRIENTE / NILSA VELASQUEZ / CLARA
3/27/97
PORTER / MARY FERRELL / GLADYS
FERNANDEZ / ANA MARIA CHARTRAND TO
COMMISSION ON STATUS OF WOMEN.
63.
CONTINUE DISCUSSION OF COMMUNITY
DISCUSSION
155-156
REDEVELOPMENT AGENCY (CRA)
3/27/97
TRANSFER OF LAND UNDER MIAMI ARENA.
64.
A. DISCUSS / DEFER CONSIDERATION OF
M 97-236
157-159
AGENDA ITEM 14 (APPOINTMENTS TO LATIN
3/27/97
QUARTER REVIEW BOARD.
B. COMMISSIONER GORT COMMENTS ON
STRICTNES OF ORDINANCE REGARDING
REQUIREMENTS TO BELONG TO ABOVE
CITED BOARD.
65.
APPOINT YVES FORTUNE / JOSE DEGOTI,
R 97-237
159-160
JR., TO STREET CODESIGNATION REVIEW
3/27/97
COMMITTEE.
66.
APPOINT JOSE DEGOTI, SR., TO TAX
R 97-238
160-161
EXEMPT PROPERTY STEERING
3/27/97
COMMITTEE.
67.
APPOINT TRENESE J. TURNER TO UNITY
R 97-239
161-162
COUNCIL OF MIAMI.
3/27/97
68.
APPOINT VIVIAN GOMEZ / JOHN CROOK /
R 97-240
162-163
CAPT. COURBIER TO WATERFRONT
3/27/97
ADVISORY BOARD.
69.
APPOINT LUISA MURAI / LOURDES SOLERA
R 97-241
163-164
/ RICHARD HEISENBOTTLE TO HISTORIC &
3/27/97
ENVIRONMENTAL PRESERVATION BOARD.
70.
(A) APPOINT ANDERSON CURRY / RICARDO
M 97-242
164-166
SARMIENTO TO AFFIRMATIVE ACTION
R 97-243
ADVISORY BOARD.
3/27/97
(B) APPOINT CHARLES J. FLOWERS / IVAN
BARRETT TO AFFIRMATIVE ACTION
ADVISORY BOARD.
71.
DISCUSS / DEFER APPOINTMENT TO
DISCUSSION
166-167
COCONUT GROVE PARKING ADVISORY
3/27/97
COMMITTEE.
72.
APPOINT JACK PEEPLES / JIMMY MORALES
R 97-244
167-168
TO DOWNTOWN DEVELOPMENT
3/27/97
AUTHORITY.
73.
APPOINT ORLANDO SILVA TO HEALTH
R 97-245
168-169
FACILITIES AUTHORITY.
3/27/97
74.
APPOINT PIERRE RUTLEDGE TO NUISANCE
R 97-246
169-170
ABATEMENT BOARD.
3/27/97
75.
(A) APPOINT HENRY COURTNEY TO
R 97-247
170-173
PERFORMING ARTS CENTER TRUST.
M 97-248
(B) NOMINATE RUTH GREENFIELD TO
3/27/97
PERFORMING ARTS CENTER TRUST --
RECOMMEND NAME TO NOMINATING
COMMITTEE.
76.
-`APPOINT ROSSANA RODRIGUEZ VILAR TO
R 97-249
173-174
=MIAM1 RIVER COORDINATING COMMITTEE.
3/27/97
77.
APPOINT COMMISSIONER HUMBERTO
R 97-250
174-175
HERNANDEZ TO METROPOLITAN DADE
3/27/97
COUNTY COMMUNITY ACTION AGENCY
BOARD.
78.
(A) APPOINT RAYMOND MCELROY /
M 97-251
175-177
JACQUELINE COTARELO TO CODE
R 97-252
ENFORCEMENT BOARD.
3/27/97
(B) APPOINT CHICK McEWAN / ANN
CARLTON TO CODE ENFORCEMENT
BOARD.
79.
DEFER APPOINTMENT TO BAYSIDE
M 97-253
177-178
MINORITY FOUNDATION.
3/27/97
80.
APPOINT WILLY BERMELLO / JULIAN PEREZ
R 97-254
178-179
/ HAKKI KOROGLU / CLYDE JUDSON TO
3/27/97
URBAN DEVELOPMENT REVIEW BOARD.
81.
DESIGNATE MARBELLA, SPAIN, A SISTER
M 97-255
179-180
CITY.
3/27/97
F
82.
APPROVE $1.4 MILLION -- DIRECT CITY
R 97-256 180-181
MANAGER TO APPLY FOR SAFE
3/27/97
NEIGHBORHOOD PARKS BOND ISSUE FOR
ADDITIONAL $1.4 MILLION FOR PARK
IMPROVEMENTS -- FURTHER DIRECT
MANAGER TO NEGOTIATE TERMS FOR
CONSTRUCTION.
83.
(A) EMERGENCY ORDINANCE: AMEND
ORDINANCE 182-187
SECTION OF ZONING CODE TO CREATE A
11475
WAIVER PROVISION TO ALLOW FOUR
R 97-257
YEARLY SPECIAL EVENTS TO BE HELD AT
3/27/97
MAYFAI R.
(B) ALLOW TWO ADDITIONAL TEMPORARY
SPECIAL EVENTS BY CLASS I SPECIAL
PERMIT AT MAYFAIR DURING '97 --
FURTHER WAIVING 120 DAYS NOTICE
REQUIREMENT FOR SUCH EVENTS.
84.
DISCUSS / DEFER CONSIDERATION OF
M 97-258 187
AGENDA ITEM 31 (PROPOSED MEETING OF
3/27/97
BOARD OF DIRECTORS OF ST. HIGH OAKS
VILLAGE ASSOC) TO MEETING OF ARPIL 2,
1997.
85.
A) APPEAL OF HISTORIC &
M 97-259 188-207
ENVIRONMENTAL PRESERVATION BOARD
R 97-260
DECISION TO DENY, FENCE WITH GATE AT
3/27/97
759 N.E.57 STREET -- RECONSIDER PRIOR
VOTE THAT FAILED TO GRANT APPEAL --
SEE LABEL 87.
(B) GRANT APPEAL WITH MODIFICATIONS
OR FENCE WITH GATE AT 759 N.E. 57
STREET -- APPLICANT: STEVEN POLAKOFF
& MICHAEL CARVER.
86.
CONTINUE CONSIDERATION OF PZ28
M 97-261 208-209
(APPEAL BY LAZARO & MARIA ALBO OF
3/27/97
ZONING BOARD DECISION FOR ADDITIONS
AT 2900 S.W.4 AVENUE) TO MEETING OF
MAY 22, 1997 AT 6 P.M.
87.
COMMENTS BY COMMISSIONER PLUMMER
DISCUSSION 209
REGARDING VOTE OF AGENDA ITEM PZ22 --
3/27/97
SEE LABEL 85.
88.
SCHEDULE AGENDA ITEMS PZ 18 / 19 / 24 /
M 97-262 210-211
25 / 26 / 27 NEXT TIME PRIOR TO 5 P.M.
3/27/97
F
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 27 day of March, 1996, the City Commission of Miami, Florida, met at its regular
meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session.
The meeting was called to order at 9:10 a.m. by Mayor Joe Carollo with the following
members of the Commission found to be present:
ALSO PRESENT:
ABSENT
Mayor Joe Carollo
Vice Mayor Tomas Regalado
Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
A. Quinn Jones, III, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
Aaron Weeks, Chief -of -Staff
Edward Marquez, City Attorney
An invocation was delivered by Commissioner Gort, after which Commissioner Plummer
led those present in a pledge of allegiance to the flag.
------------------------------------ ---------------------------------------------------------------------------
3. COMMISSION EXPRESSES CONDOLENCES TO FAMILY OF JAMES
ARTHUR RYDER.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, if I may?
Mayor Carollo: Go ahead, Commissioner.
Commissioner Plummer: I think this community has lost a very, very, fine and upstanding
citizen who has done much for this community and carries his name in many aspects who passed
away Friday, and I think that it would be only appropriate that this Commission go on the record
of it's resolution, also to the family of Mr. James Arthur Ryder who passed away. If we know
the Ryder Trauma Center and other things which he was very instrumental for, and I think it
would be only fitting that this Commission so extend the condolences of this City to the family,
and I so moved.
Mayor Carollo: Moved by Commissioner Plummer, second by Commissioner Gort. All favor
signify by saying "aye."
7 March 27, 1997
The Commission (Collectively): Aye.
Mayor Carollo: It's unanimous.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.97-194
A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY OF
MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF JAMES A.
RYDER, UPON HIS UNTIMELY DEATH.
(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.
----------------------------------------------------------------------------------------------------------------
4. AMEND R95-268 -- DELETE REFERENCES TO BONDS / LOANS FOR
MIAMI ARENA UNDER ATTACHMENT A -- FURTHER CONFIRM THAT
AGREEMENT IN R95-268 HAS NO APPLICABILITY TO MIAMI ARENA.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Before we begin our regular agenda items, there are two pocket items that the
administration needs to bring up that are of prime importance to the City of Miami - having to do
with some approximately six million dollars ($6,000,000) that the City will be receiving after we
do this. The first item is a resolution amending Resolution 95-268, as attached.
[At this point, Mayor Carollo read the resolution into the public records.)
Mayor Carollo: Is there a motion?
Commissioner Plummer: Moved.
Mayor Carollo: Moved by Commissioner Plummer.
Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Hernandez. All in favor signify by saying "aye."
8 March 27, 1997
L
The Commission (Collectively): Aye.
Mayor Carollo: No nays.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.97-195
A RESOLUTION WITH ATTACHMENTS, AMENDING NO. 95-268, ADOPTED
APRIL 27, 1995, AND ALL ATTACHMENTS THERETO, TO DELETE ALL
REFERENCES TO BONDS AND LOANS WITH RESPECT TO THE MIAMI ARENA
AND FURTHER CONFIRMING THAT THE "AGREEMENT' REFERRED TO IN
SUCH RESOLUTION HAS NO APPLICABILITY TO THE MIAMI ARENA.
(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:
1 AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
5. AUTHORIZE SALE OF LAND UNDER MIAMI ARENA TO MIAMI SPORTS
& EXHIBITION AUTHORITY (MSEA) FOR $5.9 MILLION.
Mayor Carollo: The second resolution is a resolution approving the sale of the real property
under the Miami Arena.
[At this point, Mayor Carollo read the resolution into the public records.]
Commissioner Plummer: So moved.
Mayor Carollo: Moved by Commissioner Plummer. Second by Commissioner Gort. All those
in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No nays.
9 March 27, 1997
L
F
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-196
A RESOLUTION WITH ATTACHMENTS, APPROVING THE SALE OF THE REAL
PROPERTY UNDER THE MIAMI ARENA (THE "ARENA LAND") TO THE MIAMI
SPORTS AND EXHIBITION AUTHORITY ("MESA") IN AN AMOUNT OF NOT
LESS THAN $5.9 MILLION SUBJECT TO THE CONDITION THAT THIS
TRANSACTION SHALL CLOSE AND THE MONEY SHALL BE TRANSFERRED
TO THE CITY NOT LATER THAN 10 DAYS FROM THIS DATE; AUTHORIZING
AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE
ANY AND ALL DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO EFFECTUATE SAID SALE.
(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.
----------------------------------------------------------------------------------------------------------------
6 AUTHORIZE PAYMENT TO METRO-DADE COUNTY TO COVER COST
OF SPECIAL ELECTIONS (7/23 & 9/3/96) & CITY REGULAR ELECTION
(11/14/96) -- ALLOCATE FUNDS ($223,393.33, SPECIAL PROGRAMS &
ACCOUNTS 001000,921102.6.270).
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: We shall now go to some presentations that are to be made today.
Commissioner Plummer: Mr. Mayor, if I may? I have one resolution form the administration
that needs to be done.
Mayor Carollo: Well... Oh, but that's fine. I am sorry Commissioner, go ahead.
Commissioner Plummer: This is not mine.
[At this point, Commissioner Plummer read the resolution into the public record.]
Commissioner Plummer: I move it with the proviso that it has already been approved by the
Oversight Committee. The funds are there, but they wanted it to come before this City
Commission predicated on the amount of money. I so move it to be approved.
10 March 27, 1997
Mayor Carollo: There is a motion 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: No nays.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-197
A RESOLUTION AUTHORIZING PAYMENT OF FUNDS, IN THE AMOUNT NOT
TO EXCEED $223,393.33, TO METROPOLITAN DADE COUNTY, TO COVER THE
COSTS OF TWO CITY OF MIAMI SPECIAL ELECTIONS HELD ON JULY 23, 1996
AND SEPTEMBER 3, 1996, ONE CITY OF MIAMI NONPARTISAN PRIMARY
ELECTION HELD ON NOVEMBER 5, 1996, AND ONE CITY OF MIAMI
REGULAR ELECTION HELD ON NOVEMBER 14, 1996; ALLOCATING FUNDS
THEREFOR FROM SPECIAL PROGRAMS AND ACCOUNTS, ACCOUNT CODE
NO. 001000.921102.6. 270.
(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.
Mayor Carollo: If I may instruct the administration since we're not paying any interest on that
that we have, if you could wait a little longer in paying it because we might have an opportunity
soon to be able to do some trade-offs?
------- --------------------------------------------------------------------------------------------------------
7. PRESENTATIONS / COMMENDATIONS.
ANDRES BETANCOURT / JOSE DE HOMBRE / FRED D'AGOSTINO / OSCAR
SIGLERBERT FINALE / POLICE LT.EDDIE RODRIGUEZ / POLICE LT. HECTOR
MIRABILE / PABLO CANTON -- FOR CYCLING FOR PEACE CRUSADE TO RAISE
FUNDS FOR JUVENILE PREVENTION PROGRAMS.
11 March 27, 1997
L
Mayor Carollo: OK, we are now in presentations and proclamations. If I may ask Officer Jose
De Hombre, Officer Fred D'Agostino, Officer Oscar Sigler, Officer Bert Fenali, Lieutenant
Eddie Rodriguez, Civilian employee from the Police Department, Andres Betancourt, Lieutenant
Hector Mirabili and NET (Neighborhood Enhancement Teams) administrator Pablo Canton and
of course Chief Warshaw to come up here.
Commissioner Hernandez: Mr. Mayor, it's my honor this morning to present these
commendations to these officers for a program that they created called "Cycle for Peace"
crusade. Basically, these officers decided to cycle all the way to Tallahassee approximately 550
miles in order to get the attention of the governor of the State of Florida to bring monies to
combat juvenile crime and bring monies basically to create and establish more juvenile programs
here in Dade County and in the City of Miami. The commendation reads as follows: "It has
been said that peace cannot be kept by force, it can only be achieved by understanding; and
whereas in it's continuing effort to achieve peace through fostering understanding to the growing
problem of gang and juvenile violence and the promotion of alternative safe activities, the Miami
Police Department last October coordinated a one week "Cycle for Peace" crusade throughout
the State of Florida; and whereas the "Cycle for Peace" cursade kicked off with a peace rally in
Miami, after which officers cycled more than 550 miles to Tallahassee including public peace
rallies along the way; and whereas in Tallahassee they were joined by politicians and local
Chiefs of Police in asking the State and Federal government to funds juvenile prevention
programs, and whereas local authorities on behalf of the community salute the officers who
participated in the "Cycle for Peace" crusade. Now, therefore I, Joe Carollo, Mayor of the City
of Miami, Florida do hereby commend the following officers.
-�:JAt this point, the -officers names were read into the public record.]
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
8. FIRST READING ORDINANCE: PROPOSED APPROVAL OF CREATION
OF THE "BAY HEIGHTS ROVING SECURITY GUARD SPECIAL TAXING
DISTRICT" BY METROPOLITAN DADE COUNTY FOR BAY HEIGHTS
NEIGHBORHOOD -- FOR PURPOSE OF PROVIDING ROVING POLICE
PATROL SERVICE.
Mayor Carollo: If there's anything better than one Gort, is two Gorts. And we have the pleasure
this morning of having Commissioner Gort's daughter here with us.
Commissioner Plummer: Yeah, but that's number four. One, two, and three are not here.
Mayor Carollo: OK, we are now in public hearings, item number one, first reading ordinance.
Commissioner Plummer: All right, I will move it, but the City Attorney tells me he has some
verbiage he has to add to it.
Mr. A. Quinn Jones, III (City Attorney): Yes, Mr. Mayor, Commissioners, the following
changes should be noted for the record. In Section VII of the ordinance the following language
should be added: "This service is subject to the availability of off -duty officers to perform this
function and excludes coverage should the City require the utilization of its police officers for
emergency situations such as natural disasters, civil disturbances, special events, etcetera."
Second change...
12 March 27, 1997
L
l
Commissioner Plummer: You better stop there.
Mr. Jones: OK.
Commissioner Plummer: This doesn't preclude them hiring when not available, a security
service.
Mr. Jones: Absolutely not. Second change to be noted in the proposed Interlocal agreement,
Section I, the following language should be added: "This service is subject to the availability of
off -duty police officers to perform this function and excludes coverage should the City require
the utilization of its police officers for emergency situations such as natural disasters, civil
disturbances, special events, etcetera." Secondly, second Interlocal, Part II of the Interlocal - the
first four sentences will be deleted and replaced with the following language: "The County
agrees to pay the fixed hourly rate prevailing at the time of the execution of this agreement for an
off -duty officer and the applicable administrative fee as set by the City Code. The County is
aware that this hourly rate per off -duty police officer and administrative is subject to change and
is agreeable to accepting modifications effecting said rate of pay and administrative fees which
may occur during the existence of this agreement and subsequent renewables if applicable." And
the last change, Section VIII, delete the entire second sentence. And will read: "the rate of pay
and administrative fee specified under Section II of Interlocal Agreement which state such rate
of off -duty pay and administrative fee to be in compliance with those set by Police Department
and City of Miami City Commission."
Commissioner Plummer: This will then go to a vote of the people in Bay Heights?
'',- Mr. Jones: - That's correct.
Commissioner Plummer: I so move.
Mayor Carollo: There's a motion by Commissioner Plummer, second by Commissioner
Hernandez. Can you read the ordinance please?
[ At this point, the City Attorney read the ordinance into the public record.]
Mayor Carollo: Call the roll, please.
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT(S), APPROVING CREATION OF THE
"BAY HEIGHTS ROVING SECURITY GUARD SPECIAL TAXING DISTRICT" BY
METROPOLITAN DADE COUNTY FOR THE BAY HEIGHTS NEIGHBORHOOD,
MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING ROVING POLICE
PATROL SERVICE; SUBJECT TO COMPLIANCE WITH APPLICABLE CITY OF
MIAMI AND METROPOLITAN DADE COUNTY REQUIREMENTS; APPROVING
NECESSARY EXPENDITURES FOR SAID ROVING OFF -DUTY POLICE PATROL
SERVICE; REQUIRING REIMBURSEMENT FOR ALL EXPENDITURES;
REQUIRING EXECUTION OF INTERLOCAL AGREEMENT, IN SUBSTANTIALLY
THE FORM ATTACHED HERETO, BETWEEN THE CITY AND METROPOLITAN
DADE COUNTY; CONTAINING A REPEALER PROVISION, SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
13 March 27, 1997
F
was introduced by Commissioner Plummer, seconded by Commissioner Hernandez, 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.
------------------------------------------------- ---------------------------------- -----------------------------
9. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 5B
(CONCERNING BAYSIDE SEAFOOD RESTAURANT, INC.'S PROPOSAL
TO (1) AMEND EXISTING FEE STRUCTURE AS PROVIDED IN ITS
REVOCABLE PERMIT -- (2) PREPAY RENT -- INVEST APPROXIMATELY
$250,000 IN RESTAURANT AT 3501 RICKENBACKER CAUSEWAY)
UNTIL AMOUNT OF DEBT HAS BEEN VERIFIED.
------------------------------------------------------------------------------------------------------------
Commissioner Hernandez: Mr. Mayor.
Mayor Carollo: Yes.
Commissioner Hernandez: Before we move on item two, I was asked as a special request by the
Attorney, if we could move Item-513 to the forefront before we go on with the regular agenda?
Mayor Carollo: OK, five...
Commissioner Hernandez: B.
Mayor Carollo: ... B, is the Bayside Agreement.
Commissioner Hernandez: Yes.
Mayor Carollo: OK, I have no problem in doing that Commissioner.
Commissioner Hernandez: Thank you very much.
Mayor Carollo: But...
Commissioner Plummer: Wait a minute. Where are you? What item?
Commissioner Gort: Five B, Bayside...
Commissioner Plummer: Five B, Oh, OK.
14 March 27, 1997
F
Mayor Carollo: Now, my understanding is that there was a compromise with the City that had
been withdrawn.
Mr. Aaron Weeks: That's correct, Mr. Mayor. However, yesterday staff was able to reach an
agreement with the representative of Bayside Seafood Restaurant, late last night I believe, and
we have submitted this morning that information for the record.
Mr. Eduardo Lacasa: Good morning Commissioners, Eduardo Lacasa.
Mayor Carollo: OK, hold on Eddie before you start I need to get some more information.
Basically, what is it that you're recommending or not recommending to this Commission now?
Ms. Dena Bianchino (Assistant Director (Asset Management/Department of Community
Planning and Revitalization): Just to summarize it very briefly. We're in agreement...
Commissioner Plummer: For the record Dena, Spillman and give your name and who you
represent.
Ms. Bianchino: Bianchino.
Mayor Carollo: Give here break, J.L., she's been gone for a long time.
Ms. Bianchino: Dena Bianchino, Asset Management. We agree with our tenants that they are
paying too much rent at this point in time. We have negotiated with them and we have accepted
a proposal that they gave us, whereby they would pay thirty-five hundred dollars ($3,5000) a
month rent. -A thousand -dollars ($1,000) of which would go toward the forty-five thousand
dollars ($45,000) that they owe us and then they would pay eight percent of gross over five
hundred thousand dollars ($500,000). What this done for them is they were paying before about
18 percent of their gross which is... It was too high for them, we agreed.
Mayor Carollo: Eighteen of the gross? That is quite high.
Ms. Bianchino: And especially for the situation where they're located. And so we're
recommending 6 percent.
Commissioner Plummer: Excuse me, what was the minimal annual? The minimum monthly
fee?
Ms. Bianchino: OK, what they were paying before...
Commissioner Plummer: I'm asking what is it in this proposal?
Ms. Bianchino: They will pay the City thirty-five hundred dollars ($3,500) a month. Twenty-
five hundred of which will go as rent. A thousand dollars ($1,000) of which will go to pay back
the forty-five thousand dollars ($45,000) that they owe the City.
Mayor Carollo: All right, but what happens if for any reason they close shop, whatever...
Ms. Bianchino: If they close out...
Mayor Carollo: ... before the forty-five thousand is paid up?
Ms. Bianchino:- They will... We're recommending that it's forgiven.
15 March 27, 1997
L
F
Commissioner Plummer: Forgiven? Wait, wait, wait. Why would you forgive a debt?
Mr. Lacasa: If I may?
Commissioner Plummer: No, I'm asking her. Please, Alex?
Mr. Jack Luft (Director, Community Planning and Revitalization): There's no. There's nothing
to get.
Mr. Bianchino: Go ahead, Jack.
Mr. Luft: Yes. Commissioner, perhaps the way to look at this is they are on a 30-day permit.
We have looked at the value of their assets in order to see if something could be recovered
toward that debt should they leave. The reality of it is, and I think the owner has said this quite
bluntly, if we're forced to close we'll file for bankruptcy and there'll be nothing to get. So, we
don't... We're not certain that there's recourse to recover that debt. We would look to attach
something on their assets to do that if there's anything left. There's a very modest set-up there.
We would hope that this could continue long enough to repay that debt, but there is very little
that we can do to secure it at this point. But...
Mayor Carollo: Well, Jack the 18 percent that Dena mentioned is extremely high. It's a wonder
they've been able to stay open with that. That's number one. Secondly, there's no doubt in my
mind that they know the business and they serve some fine food there. At the same time, I
understand the reason why the location has deteriorated, because it is impossible for them to
make -any significant investment or any if they don't know from one month to the other if they
are going to be there. However, what I'd like to be clarified is the following: For how long is
this going to be? Is this going to be month to month still, or?
Ms. Bianchino: Yes.
Mayor Carollo: OK, month to month. On the thirty-five hundred which a thousand is to the old
debt of the forty-five thousand, now that forty-five thousand was, what kind of debt now that
they owe us?
Ms. Bianchino: They stopped paying us rent altogether in April 1, 1996. And, they stopped
paying their twenty-five hundred dollars ($2,500) rent in November of 1995. They just stopped
paying rent because they had come to the Commission, gotten a credit for thirty-five thousand
dollars ($35,000) against some improvements that they were going to make. They have spent
approximately twenty-nine thousand dollars ($29,000) of that. We have taken that into
consideration. Because they stopped paying everything they owed the City, they still owe us
forty-five thousand dollars ($45,000).
Commissioner Plummer: Well, can't they give personal collateral for the remaining debt?
That's the name of the game.
Mr. Lacasa: Mr. Mayor, for the record Eduardo Lacas with the offices of Ruden McClosky, 701
Brickell Avenue. I represent Bayside Seafood Hut. And, let me address some of the
Commissioner Plummer's very significant concerns. The forty-five thousand dollar ($45,000)
figure is somewhat deceptive in that, that figure has mounted over a period of time due to a lack
of communication with Mr. Luft's predecessor. The... We attempted to address this situation a
year ago, almost to the date, March 6, 1996 and at that time the Commission determined that we
should meet with staff and try to achieve a viable alternative to that fee structure which was
unquestionably too high. Failure to communicate have resulted in this debt. We have...
16 March 27, 1997
L
F
Commissioner Plummer: It might be unfair, but they didn't pay it.
Mayor Carollo: Excuse me. Counsellor, who was the person who failed to communicate from
the City's side?
Mr. Lacasa: Mr. Rodriguez.
Mayor Carollo: Mr. Rodriguez?
Mr. Lacasa: There is a mountain...
Commissioner Plummer: But the problem here is that we agreed that it was too high, but what
difference does it make, they didn't pay it.
Mr. Lacasa: They... The...
Ms. Bianchino: Right. Plus they signed an agreement with the City saying they would pay it.
Commissioner Plummer: That's the point. I mean, you know, you could agree on anything but if
they don't pay it, that's the point. Go ahead.
Mr. Lacasa: The reason why staff and the City Manager has agreed to this new arrangement is
that there's been a substantial change in circumstances. That change occurred a couple of years
ago, beginning with Hurricane Andrew. And, beginning with the demise of the Miami Marine
Stadium- and the City's take over of the Virginia Key Marina. The twenty-five hundred dollars
($2,500) that was imposed in that revokable permit which was dated December 21, 1994, was a
result of the Bayside Seafood Hut having been paying that to the previous operator of the
Marina. However, that payment was in exchange for substantial advertising which generated
more revenue to them. Traffic has decreased since that advertising has been lost. The marina
also provided them landscaping and maintenance of the parking lot. So that was a valuable
service which was provided in exchange for that twenty-five hundred dollars ($2,500) which
they didn't enjoy after that previous operator left and the City took over. So, they were not in a
position because their gross receipts down to pay that amount and they didn't receive the
benefits which justified that amount. Failure to communicate resulted in that figure increasing
over time. And that's why we're here today.
Ms. Bianchino: Excuse... Could I just?
Commissioner Plummer: Well, let me just say to you. As far as I am concerned the twenty-five
hundred dollars ($2,500) is reasonable. I think it's fair. And the additional thousand dollars
($1,000) towards the reduction of the debt...
Mr. Lacasa: Uh-huh.
Commissioner Plummer: ... is fair. The six percent over half a million in gross, I have to know
what was your last gross, annual gross?
Vice Mayor Regalado: Eight percent.
Commissioner Gort: Eight percent.
Commissioner Plummer: Eight percent. What was your last annual gross?
17 March 27, 1997
Mr. Lacasa: Four hundred and forty-three thousand.
Commissioner Plummer: OK, so it is, there is a potential there of some additional revenue. The
point very simply is, is the forty-five thousand dollar ($45,000) debt. Now, I don't know how
long you'll be there, but I think that the City has got to have some way that if you vacate prior to
the 45 months that it gets back it's money. Now, whether you do it from a bond or a personal
collateral, the City has got to be given that comfort in my estimation to protect that forty-five
thousand dollar ($45,000) debt.
Mr. Lacasa: Commissioner, my second point with regards to that debt, and we in fact disputed
the amount of that. Now, the... We are prepared to present evidence and testimony with regards
to the maintenance of the bathroom facilities which was shared by the Marina as a whole. We
calculated approximately 36 percent of the use of those facilities are restaurant customers. And
therefore, the cost of that maintenance should be borne by the restaurant, and that...
Commissioner Plummer: But I was told that as a wash simply because we're going to provide
garbage and that service and you're...
Mr. Bianchino: And water as well.
Commissioner Plummer: ... and water and you're going to clean the bathrooms. So that's a
wash.
Mr. Lacasa: If... Right, and we've agreed that the cost of maintaining those bathrooms, which
are large facilities, is fifty dollars ($50) a day, and we've broken that down. (Let me... why don't
-you hand me that breakdown (spoken off the microphone.) Over the period of time in which the
restaurant has been bearing the cost of maintaining the bathrooms, that. -cost has come out to...
calculating at fifty dollars ($50) a day, twenty-five thousand six hundred dollars ($25,600). We
have reduced that figure to account for the garbage and water fees which the City has been
providing in exchange for that and it reduces that figure to twenty-one thousand six hundred and
twenty-eight dollars ($21,628). So, it's our position that we should reduce that forty-five
thousand dollar ($45,000) amount by twenty-one thousand six hundred and twenty-eight dollars
($21,628). And that's justified because the marina uses it and the public uses it as well.
Commissioner Plummer: You can argue that all you want, and you might have a good argument.
But as far as not having a guarantee of collecting that debt if you leave is where I've got a
problem. And you might want to make an argument, that that is, I think fifty dollars ($50) a day
to clean a bathroom is high. All right. It's high, OK.
Mr. Lacasa: If I may hand you the breakdown.
Commissioner Plummer: All I'm saying to you is, is whatever the remaining balance is, whether
it's forty-five thousand or whether it's twenty-one thousand, that's arguable, I understand. But
there's got to be some comfort given to the City in some form of collateral that if you're out of
there in 30 days that we can get our debt service.
Mayor Carollo: Well, that's something J.L., I think we have an obligation to do.
Commissioner Plummer: Absolutely, absolutely.
Mayor Carollo: You know, I feel bad for them, I also feel bad for us. You know, Mr. Rodriguez
is not here anymore, but the one thing that everybody needs to know is that, you know, the way
business was conducted in the past, is going to change completely. I think the compromise that's
being offered is a pretty reasonable compromise. I wish that we could give you more comfort
18 March 27, 1997
instead of a month to month, but we both know it's going to be a while longer before anything
concrete is done there as far as an RFP or anything else. We're still working on the master plan
there.
Mr. Lacasa: Well, perhaps we could reach a solution to that. If we could address point two, we
could jump to point two for a moment. We're asking to make capital improvements. However,
we can't justify making capital improvements unless we have some certainty in that we'll be
able to be there for a significant period of time to justify that. No lender is going to make that
type of loan without...
Mayor Carollo: We understand that.
Mr. Lacasa: I've read Mr. Quinn Jones' opinion in that regard and I would suggest that this is an
emergency situation which would allow for the Commission to deviate from the requirement of
29, of Charter Amendment, Charter Provision 29.
Commissioner Plummer: It still would have to go out to competitive bidding.
Mr. Lacasa: There... Not if the City declares an emergency situation and I was late because I
was looking at the dictionary to find out what that definition is, since it doesn't... it isn't
contained within the Charter. And it's a unique set of circumstances that requires remedial
action, immediate remedial action and certainly the City is in a unique... under a unique set of
circumstances over the past few months, and could qualify as an emergency situation. In fact
has done so. This property cannot go out until an RFP is issued and a successful bidder comes
in, so it's going to be there for a while. The City will not generate revenue unless these
operators are currently in place. The City will lose revenue for a significant period of time until
.'that RFP can be achieved because the winning bidder may not contemplate using this site within
their plan for coming in and redeveloping this area. '
Commissioner Plummer: What about the master plan?
Mr. Lacasa: Our suggestion is, with regards to point two, that they be allowed to make capital
improvements in the area of two hundred thousand dollars ($200,000). That would... that would
allow the City to take a lien on those improvements that would cover the forty-five or twenty-
one thousand dollar ($21,000) outstanding debt, however, the City wishes to fix that sum.
Commissioner Plummer: Well...
Mr. Lacasa: In 1990, an RFP... Forgive me for interrupting.
Commissioner Plummer: Go ahead, no.
Mr. Lacasa: In 1990, an RFP` was issued for this site and there was a successful bidder however,
no contract was entered into as a result of financing problems and so forth. In that RFP, there
was language that would have allowed for the successful bidder to compensate the Bayside
Seafood Hut for the undepreciated value of the improvements that were made on the property.
Now, this is where I differ with Mr. Jones opinion in this regard. Number one, I think that this
situation justifies a classification of emergency, which will allow the Commission to deviate
from Section 29. And, there is precedent to the effect that a winning bidder would be required to
compensate the current operator for the undepreciated value and if we allocated two hundred
thousand in capital improvements, depreciated over a 5-year period, we have a sum which a
bidder could look at and have an idea as to how they're going to present their bid. That would
allow the'City to have a Rea on whatever improvements are made. It's significantly higher than
that forty-five thousand dollar ($45,000) figure,
19 March 27, 1997
L
Commissioner Plummer: The problem you have is the City is doing a master plan for Virginia
Key, not just your area, but the entire area. When we had other people come before this
Commission, we said we were not going to slice up the baloney. We were going to do a master
plan of the entire remaining parcels that are ready for occupancy. Let me give you one other
thing and then I am going to shut up, OK. I assure you knowing how the Oversight Board has
been working, there is no way that they are going to approve any contract where this City
forgives or potentially forgives a forty-five thousand dollar ($45,000) debt. No way.
Mr. Lacasa: It's not... I wouldn't classify it as forgiveness.
Commissioner Gort: Let me ask you a few questions. This master plan we're working on how
long you think before it's finished?
Mr. Luft: We met with DERM (Department of Environmental Research Management)
yesterday for a walk through of the properties, around the basin, very good news. They've
authorized us for seven acres. Mr. Mayor, you know the project we're talking about. So, we got
an all clear on that yesterday. We're going to be moving forward on drafting the RFP with the
prior resolution authorizing that and we'll be bringing that back to you as soon as we can. I hope
within 45 days.
Commissioner Plummer: What about the RV Park Course?
Mayor Carollo: The other area Jack?
Mr. Luft: That's asecond part, that would be a .separate project; .but we're working on that as
well.
Mayor Carollo: The other area, the thin strip that we had looked at, is that moving along the
discussion we had?
Mr. Luft: At the end of the basin?
Mayor Carollo: Yes.
Mr. Luft: Yes, that's the one we went through the walk through yesterday, and we got an all
clear on that.
Mayor Carollo: OK, have you gone forward to see how many cabins or cottages can be put
there, and the kind that we could do there?
Mr. Luft: On the end of the basin or on the ocean front?
Mayor Carollo: Well, I'm saying, not at the end. At the end we were talking about a small
restaurant.
Mr. Luft: Along the shoreline?
Mayor Carollo: Along the shoreline while you're getting to the inn.
Mr. Luft: Gosh, I don't... It depends. It's a design question. As many as seems correct for that
particular environment. You'd want some privacy. I would say one every 50 feet. It's 1,500
lineal feet.
20 March 27, 1997
Mayor Carollo: Can... Have you taken the steps to make sure that they could have electricity to
those cabins there?
Mr. Luft: Yes.
Mayor Carollo: OK.
Mr. Luft: That's going to be coming through in a zoning hearing as a part of an amendment to
the Virginia Key zoning so that we will have Park and Recreation zoning there so that the
utilities can be provided. OK.
Commissioner Gort: The emergency that you're talking about bring it back as an RFP in 45
days which we have to give them 90 days to respond...
Mr. Luft: Right.
Commissioner Gort: ... and it will take 60 days to...
Mr. Luft: To select and award. Yes.
Commissioner Gort: So you're talking about safely it being a year before anything could be seen
there.
Mr. Luft: I think this gentleman can count on being there for several months, perhaps, up to a
year, yes. It's going to be that long before a date of possession could realistically be achieved.
w-Cemmissioner Plummer: Or less than.
Mr. Luft: Or less, but...
Commissioner Plummer: Well, let me ask you a question.
Commission seen the proposal that was presented to me,
($25,000,000) proposal?
Mayor Carollo: You're saying from the South Africans?
Commissioner Plummer: From the Miracle Center people.
Mayor Carollo: Yeah, South Africans.
Commissioner Plummer: You've seen it?
Mayor Carollo: Yeah. They met with me.
Has the other members of this
a twenty-five million dollar
Commissioner Plummer: And, I mean, is that still a viable? Because, I mean, that includes two
restaurants, two huge restaurants.
Mr. Luft: Connected with the Marine Stadium, yes.
Commissioner Plummer: Connected with the Marine Stadium and ESPN (Entertainment, Sports
and Programming Network).
Mayor Carollo: Yeah. Well, it's one, you know, good proposer that we can have there.
21
L
March 27, 1997
_j
Commissioner Plummer: God knows they've got the money.
Mayor Carollo: There'll be others.
Commissioner Plummer: Well, all I'm saying is, is that that's the kind of thing that I think this
Commission has been striving for.
Mayor Carollo: Yeah, sure. Oh, yeah. Absolutely.
Commissioner Plummer: Those sources of revenue are a lot more than twenty-five hundred
dollars ($2,500) a month.
Mayor Carollo: You better believe it, Commissioner. You better believe it.
Vice Mayor Regalado: Well, since...
Commissioner Gort: The things that you have is... You have about a year, unless you become
part of proposal or you join with the... whoever it... one of the proposers.
Vice Mayor Regalado: Excuse me, since we are in agreement, and they are going to have to pay
the forty-five thousand dollars ($45,000) can we discuss the eight percent? It seems, I remember
that a restaurant very close to them uses China and they pay less. They use cardboard and they
have to pay more. So, can we address that issue and give them some kind of leeway for them to
comply with what we're asking and try to make some money for the time that they are going to
there.
Ms. Bianchino: Commissioner, two things yvu should know, one. is, this presentation that we've
given today was exactly what they asked for. They agreed to this. Now, I'm hearing...
Commissioner Plummer: Sure.
Vice Mayor Regalado: You did agree to the eight percent?
Mr. Lacasa: Well...
Ms. Bianchino: Yes, they did.
Vice Mayor Regalado: You did, or did you not?
Mr. Lacasa: In lengthy discussion with the City Manager and with staff and with them telling
how far that they would go, I said I would recommend that to my client.
Ms. Bianchino: Excuse me, one minute. Let me just add that at their request we raised the
breakpoint from four hundred thousand a year to five hundred. So, this was at their request and
we complied with their request.
Commissioner Plummer: Well, there's only... As I see it there's only one disagreement and
that's over the forty-five thousand dollars ($45,000). Everything else is in accord. And all, you
know, they can give collateral, a guaranteed personal collateral for forty-five thousand. It maybe
never maybe drawn down on. But this City's got to have some assurance. There's my vote.
Mr. Lacasa: If I may, Commissioner?
Commissioner Plummer: Sure.
L
22 March 27, 1997
Mr. Lacasa: The term forgiveness, I don't think is really appropriate in this instance because it's
not necessarily a forgiveness. It's a realization by the City that due to the structure and the lack
of personal guarantees and the lack of assets to satisfy that figure which they've imposed is
insufficient and therefore realistically, they would likely me never to see that money once these
folks are gone.
Commissioner Plummer: You can call it what you what. They, the City tell me you owe us
forty-five thousand. Now, you want to call it forgiveness, past due, nonpayment of rent. Call it
whatever you want. The point I'm trying to make is very simple. The City has to be assured, if
you're there 45 months, there should be no problem. If you're not, then the City has got to be
assured that that money that is due and owing, call it what you may, is going to be paid to the
City. I mean, I'm amazed that they didn't want interest on that money.
Mr. Lacasa: I think also that what we may have is a deficit of about twelve thousand dollars
($12,000) once this is done. If they're going to be there a year they'll pay that down by twelve
thousand dollars ($12,000). I've already suggested that that figure should be reduced by virtue
of the fact that they've borne 100 percent of the expense for maintenance of the facilities, which
are used by the Marina and the public, which has access to the boat ramp. There's a jet ski rental
service there which also uses these facilities. So, if you allocate 36 percent of the use of those
facilities to the restaurant, they should have a reduction in that figure. And again, that...
Commissioner Plummer: I would say to you my friend that you can argue that with staff and if
they come in and recommend less than the forty-five, then that's what I would look for. If they
recommend thirty, I have no problem with that. All I'm saying is, that amount of money that is
:w determined to be due and owing to the City, has in some way got to be guaranteed. Now what
` ,it`? Let me ask this question, what about the hack rent? Is that all part of. that forty-five?
Ms. Bianchino: Yes. Everything they owe us is part of that.
Commissioner Plummer: Let me tell you something, the next time the administration brings
something in here that people have not paid their rent and we've got to go chase after them to
catch rent, I'm going to catch hell with somebody. I am tired of chasing after people who don't
pay their rent. And anytime in the future, I think we have established now, we want three
months in advance before we sign a contract and the day they don't pay their rent, foreclosure on
them. This is crazy!
Mr. Lacasa: Commissioner, forgive me for interrupting once again. That is not rent. They were
allowed to make capital improvements, they were allowed to pay that themselves and withhold
the equivalent amount from rent.
Commissioner Plummer: We're talking in circles. I'm saying, staff is saying to me, whatever it
is, it's due and owing to the City. Whether it's rent, whether it's toilet paper, or whatever it is,
it's forty-five thousand.
Mr. Lacasa: But you have to understand the situation which caused that amount to...
Commissioner Plummer: You've got to understand that the City has made their statement. If
they are wrong then you go back and you argue with them, All right? Mr. Mayor...
Mr. Lacasa: Well 1, you know.
Commissioner Plummer: Mr. Mayor...
L
23 March 27, 1997
Mayor Carollo: Commissioner.
Commissioner Plummer: I'll move at this time this matter be deterred until this item in
reference to what is actually due and owing to the City has been made a determination.
Mayor Carollo: I second.
Commissioner Plummer: There seems to be some discrepancy.
Mayor Carollo: I second the motion, Commissioner.
Commissioner Hernandez: Mr. Mayor, just for consideration for staff. Is there any room to the
mitigate forty-five thousand dollars ($45,000)? Is there?
Ms. Bianchino: We were just presented this morning, five minutes ago, with information on
expenses. We need time to look at them and, you know, evaluate it. So, I can't answer that
question at this time.
Commissioner Hernandez: OK.
Commissioner Plummer: And, Humberto I have not problem, if they talk about today and come
back...
Commissioner Gort: Come back later on.
Commissioner Plummer: �... before:.we end this afternoon. Bring it back up this afternoon. I
have no problem with that.
Commissioner Hernandez: Can you deal with that?
Mr. Lacasa: If I may? I have the CPA, Eureillo Piedra, who will give you some of his
background and will explain...
Commissioner Plummer: No sir. He doesn't have that opportunity. The motion on the floor is
to defer. You can only speak to the motion once that motion has been made.
Mayor Carollo: OK, there's a motion on the floor that has been properly second.
Commissioner Gort: Get together with him and come back this afternoon.
Commissioner Plummer: That's all.
Mayor Carollo: And we call the question...
Mr. Lacasa: I would ask for it next week then. I can't be here.
Commissioner Plummer: You want next week?
Commissioner Hernandez: Yeah, he's not available in the afternoon. That's why we brought it
up now.
Mr. Lacasa: Oh, I'm out of town next week also, I am sorry.
Commissioner Plummer: How about before noon?
24 March 27, 1997
L
Mr. Lacasa: Two weeks.
Commissioner Plummer: If you can do it before noon. I... Look, I want to get it done, I want to
get it over with, I want to get the money into the till. OK...
Mr. Lacasa: If you could...
Commissioner Plummer: ... and if you could do it before noon, bring it back before noon.
Mr. Lacasa: If you could pass this... If you could pass it and let someone else come in, we'll
discuss it. I think it will be a short conversation, personally.
Commissioner Plummer: OK, we'll pass over and defer it until...
Vice Mayor Regalado: Before you do. Do you agree with the eight percent?
Commissioner Plummer: They wrote it.
Mr. Lacasa: No.
Vice Mayor Regalado: He said, no.
Mr. Lacasa: OK...
: Vice Mayor Regalado: -That's what I said.
Mr. Lacasa: I really...
Commissioner Plummer: Wait. Woah, Woah! Somebody lying to me.
Mr. Lacasa: Aurelio. That's enough.
Vice Mayor Regalado: Then we're going to have another discussion with the eight percent...
Commissioner Plummer: Mr. Mayor, defer till next week.
Mayor Carollo: Commissioner, I agree. You know this goes beyond. I... You know, these
gentlemen are hard working, I know them but there's too much of it going on. I know why
people from our staff that happened to realize what was happening while we we're here. And
this goes to the point of others thinking that they could do business as it used to be and they
could gain hold of the whole perimeter. The people that he spoke about, I don't want to
embarrass anybody, but I know several of the so called lobbyists that are really influenced
peddlers, because you could be a lobbyist and you could be honorable. But these are influenced
peddlers that have approached those people and they think that anybody that's going to go there
they're going to be holding them up with a gun because whatever goes on over there they've got
to get a piece of it. Not put up a penny down but they're going to get a piece of it. So, you
know, I've really had it with this. I came today with a fever, with a flu. I don't know how long
I'm going to be staying here. But, you know, my patience has really come to an end with that. I
agree with you Commissioner. You know, I called the question of deferment.
Mr. Walter J. Foeman (City Clerk): Roll call.
Commissioner Plummer: I hope you get back today.
25 March 27, 1997
L
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-198
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 5-13 UNTIL THE
ADMINISTRATION CAN ASCERTAIN THE TOTAL AMOUNT OF MONEY THAT
BAYSIDE SEAFOOD RESTAURANT, INC. OWES THE CITY OF MIAMI.
Upon being seconded by Mayor Carollo, 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.
----------------------------------------------------------------------------------------------------------------
10. FIRST READING ORDINANCE: PROPOSE AMENDING CAPITAL
R IMPROVEMENTS ORDINANCE 11337, . -- CONTINUE / REVISE
PREVfOUSLY APPROVED SCHEDULED CAPITAL IMPROVEMENT
PROJECTS -- ESTABLISH NEW CAPITAL IMPROVEMENT PROJECTS TO
BEGIN DURING FY' 96-97.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Are we going back to the regular items?
Mayor Carollo: Yes, Commissioner. We're on item two.
Commissioner Plummer: I move it.
Mayor Carollo: There's a motion on item two.
Commissioner Gort: Mr. Mayor.
Commissioner Plummer: Item two, I move it.
Mayor Carollo: Second by Commissioner Gort. Read the ordinance.
[At this point, the City Attorney read the ordinance into the public record.]
Mr. Mariano Cruz: I want to speak right now, yeah.
Mayor Carollo: Will you call the roll -- two minutes.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I didn't know anything about
this new capital projects, but looking at them... that's the reason I have to come here. Because
26 March 27, 1997
L
there is nothing here for the Allapattah Comstock Park. And we vote there in the community to
use funds for Curtis, Moore Park and Allapattah Comstock. And it takes some time to take
Commissioners there to look how the situation is and then things get corrected. But what about
when a regular citizen calls, nothing is done. And the people here they need to spend on capital
improvement. They need to spend in the playing field, they need to spend money in the lights.
They need to spend money all over there. And they're taking the money from that park and
maybe putting the money in Virrick and other places. And I see here, I've got a bunch of names
here of different parks and nothing for Allapattah Comstock. And I specific, in the meeting of
Community Development we mentioned Allapattah Comstock, Moore Park and Curtis Park.
There's money for Curtis and there is money for Moore Park. But maybe the name of Comstock
was left over or something, I don't know. But, it should be here because we need things to do be
done there. And it's funny that the community vote for that and I would... Nothing in number
two suggests that there's anything for the parks. Just new capital improvements. But I just look
at the backup material, and nothing there for Allapattah Comstock. We need... that playing field
is getting flooded and other things happening at the park like. You know like, the bridge that
they were taking care of the other day, the library to be taken care. There is not a cooler there
for years and years. There's nobody can drink cool water. I bet that doesn't happen in Crandon
Park or other parks or Verrick or whatever. We want priority, we don't want to be treated better,
we don't want to treated worst. Just the same thing like the other parks. I shouldn't be here to
say that because we said that already.
Mayor Carollo: Thank you. Call the roll please.
Commissioner Plummer: Well, let's ask Mr. Ruder, I think...
---Mr. Albert Ruder (Director, Parks & Recreation Dept.): We have money for Comstock allocated
at the Safe Neighborhood Parks Bond Project. We have plenty of money that we've set aside.
But, some of the repairs that he's talking about we're trying to address right now with existing
funds like the water fountain and things like that which you just brought up last week.
Mr. Cruz: No, no, no. The problem is that we voted specifically, Community Development
monies for that.
Commissioner Gort: Excuse me.
Commissioner Plummer: That's fine.
Commissioner Plummer: And they take the money from them and put it some place else. What
have you given me (phonetic). Give me a phone call at least.
Commissioner Plummer: Call the roll.
Commissioner Gort: For the record, I'd like to state here the highest amount is for Verrick Park
and it's seven hundred dollars ($700).
27 March 27, 1997
L
An Ordinance entitled -
AN ORDINANCE AMENDING CAPITAL IMPROVEMENTS ORDINANCE NO.
11337, AS AMENDED, ADOPTED JANUARY 25, 1996; CONTINUING AND
REVISING PREVIOUSLY APPROVED SCHEDULED CAPITAL IMPROVEMENT
PROJECTS AND ESTABLISHING NEW CAPITAL IMPROVEMENT PROJECTS TO
BEGIN DURING FISCAL YEAR 1996-1997; PROVIDING CONDITIONS,
AUTHORIZATIONS AND DIRECTIONS TO THE CITY MANAGER AND CITY
CLERK; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE AND PROVIDING FOR 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.
----------------------------------------------------------------------------------------------------------------
11. RATIFY / APPROVE / CONFIRM CITY MANAGER'S FINDING OF
EMERGENCY -- APPROVE TEMPORARY LEGAL SECRETARIAL
SERVICES -- FOR CITY ATTORNEY FROM PERSONNEL ONE --
ALLOCATE FUNDS ($20,000 FROM ACCOUNT CODE NO. 230101-250).
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I move item three.
Commissioner Hernandez: I second it.
Mayor Carollo: There's a motion on three, second by Commissioner Hernandez. All in favor
signify by saying "aye."
The Commission (Collectively): Aye.
28 March 27, 1997
F,
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-199
A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY AD
APPROVING THE ENGAGEMENT OF TEMPORARY LEGAL SECRETARIAL
SERVICES FOR THE CITY ATTORNEY FROM PERSONNEL ONE; ALLOCATING
FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $20,000 FROM
ACCOUNT CODE NO. 230101-2501; AND AUTHORIZING THE CITY MANAGER
TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
----------------------------------------------------------------------------------------------------------------
12 RATIFY / APPROVE / CONFIRM CITY MANAGER'S EMERGENCY
FINDING -- WAIVE COMPETITIVE SEALED BIDS -- APPROVE
TEMPORARY STAFFING SERVICES FROM REGENCY TEMPORARY
STAFFING, INC. ($27,889.68) -- FURTHER APPROVING PAYMENT OF
PAST DUE INVOICES FOR TEMPORARY STAFFING SERVICES
PROVIDED BY OLSTEN STAFFING SERVICES, INC. ($40,026.81) & BY
REGENCY TEMPORARY STAFFING, INC., ($47,954) -- ALLOCATE
FUNDS FROM FY '96/97 RECYCLING AND EDUCATION GRANT CODE
421307-001-197009.
Commissioner Plummer: Move 3-A.
Mayor Carollo: Move 3-A by Commissioner Plummer.
Commissioner Hernandez: Second.
Mr. Mariano Cruz: 3-A.
Mayor Carollo: Second by...
29 March 27, 1997
Commissioner Gort: This is all paid by the grant right?
Mayor Carollo: Commissioner Gort.
Mr. Cruz: Three A?
Commissioner Hernandez: Three A.
Mr. Cruz: Yes, I would like to know on this item because it doesn't say where the money is
going to be spent. Is that money going to be spent like they're hiring security people for the
Dinner Key Boatyard to take the place of my brother that was fired there? - because they say his
service was no longer necessary and now the City is spending more money there than before. I
wonder why? Now, they fire a temporary part-time worker, and they waste now, I wonder if
my.... if whoever is going -- its costing a lot more money, if that's the case because it shouldn't
be...
Commissioner Plummer: This is ratifying.
Commissioner Gort: He probably was fired.
Commissioner Plummer: Yeah, I know.
Mr. Cruz: ... that that's the way they're going to balance the budget here by firing temporary and
part-timers.
-Mayor-Carollo:. Can you respond Ron?
Mr. Ron E. Williams (Assistant City Manager/Solid Waste Dept.): Yes.
Mr. Cruz: Maybe he was fired in retaliation of me coming here. Who knows?
Mr. Williams: Yes, Mr. Mayor, that has nothing to do with this. This is specifically recycling
related activities.
Mr. Cruz: I don't know you know, it doesn't say who.
Commissioner Plummer: Isn't this ratifying...
Mr. Williams: Yes.
Commissioner Plummer: ... it's money that already been obligated?
Mr. Williams: Well, it's from the grant. Budgeted there and paid there.
Mayor Carollo: There's been a motion, there's a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
30 March 27, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-200
A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY; WAIVING THE REQUIREMENTS
FOR COMPETITIVE SEALED BIDS AND APPROVING THE PROCUREMENT OF
TEMPORARY STAFFING SERVICES FROM REGENCY TEMPORARY STAFFING,
INC., FOR THE PERIOD BEGINNING MARCH 3, 1997 THROUGH MAY 31, 1997,
IN THE AMOUNT OF $27,889.68; FURTHER APPROVING THE PAYMENT OF
PAST DUE INVOICES FOR TEMPORARY STAFFING SERVICES PROVIDED BY
OLSTEN STAFFING SERVICES, INC., IN THE AMOUNT OF $40,026.81 AND BY
REGENCY TEMPORARY STAFFING, INC. IN THE AMOUNT OF $47,954.00;
ALLOCATING FUNDS THEREFORE FROM THE FY '96/97 AND RECYCLING
EDUCATION GRANT, ACCOUNT CODE 421307-001-197009.
(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.
----------------------------------------------------------------------------------------------------------------
13. PERSONAL APPEARANCES: REPRESENTATIVES) FROM STARS OF
CALLE OCHO -- REQUEST COMMISSION APPROVAL OF CELEBRITIES'
NAMES TO BE PLACED ON CALLE OCHO WALK OF FAME -- FURTHER
STIPULATE TO PLACE STARS WITHIN ONE YEAR PERIOD.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: We're at four, personal appearance stars for Calle Ocho.
Commissioner Plummer: Mr. Mayor, the only problem I have with this... This company has, I
assume has been investigated by the City administration, that there is no, this is not a profit
making in any way, shape or form. Is that correct?
Mayor Carollo: Commissioner, if there is any problems we could defer it.
Commissioner Plummer: Well no, I don't want to defer it. It's... The idea that I've got here is
that they've got 12 names which in effect would carry them out for a period of maybe two to
three years.
31
March 27, 1997
Unidentified Speaker: No, excuse me. I am sorry.
Commissioner Plummer: OK.
Mayor Carollo: The remaining part of the year.
Commissioner Plummer: All right, but I am saying is, that they don't have any exclusive.
That's what I want to make sure so that if this drags out to a period of time and we wanted to
grant this to somebody else, then in fact we could do such. Has this matter been investigated by
the City?
Commissioner Gort: Mr. Mayor.
Commissioner Plummer: I'd like to get an answer.
Mr. Waldemar E. Lee (Assistant City Manager/Public Works Department): Commissioner
Plummer, yes. Their account was audited this past year and everything was found in order.
Commissioner Plummer: And there was no profit making in this thing?
Mr. Lee: No, sir.
Commissioner Plummer: OK.
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Go ahead, Commissioner.
Commissioner Gort: Now, Wally Lee my understanding is that this was originally passed there
was supposed to be monthly reports to you or quarterly reports to you?
Mr. Lee: A quarterly report which we have received. However, the... it's also required a
certified year end financial statement which they have not submitted yet. But we have a
commitment from their auditors that they are working on it, and will submit it within the next
two weeks.
Commissioner Gort: Thank you.
Mayor Carollo: Any further questions from the Commission?
Vice Mayor Regalado: Yes. What is the area where you are planning for the next stars? The
different avenues on 8th Street.
Mr. Guido Rodriguez: Yes. It's going to be in front of McDonalds restaurant on 8th Street and
14th Avenue. We're going to start putting the stars, you know, next to each other on that section
there.
Vice Mayor Regalado: Eight and 14th?
Mr. Rodriguez: Fourteenth Avenue and 8th Street. Right across the McDonalds restaurant.
Vice Mayor Regalado: On the same sidewalk? On the same...
32 March 27, 1997
L
Mr. Rodriguez: The same area, the same sidewalk, yes.
Commissioner Plummer: The only question I have remaining, what is the period of time if you
do all 12?
Mr. Rodriguez: We're going to try to put one each month. I mean, we're going to be... in the
next 12 months we got all the stars put on.
Commissioner Plummer: Well, I would want a time frame attached to that. I have.., from what
I know I have no problem with any of the names here. The only question I have is the time
frame.
Mr. Rodriguez: We're going to try to put one each month. And sometime if one of the
personalities that is going to receive a star, they're going to be town, maybe we're going to give
one every two weeks. I mean, we're going to try to make all this, the star nominee, you know,
get there start this year.
Mr. Lee: Commissioner.
Mayor Carollo: Can?
Mr. Rodriguez: We got...
Commissioner Gort: Sylvester...
r Commissioner Plummer: Stallone is a Latin?
Commissioner Gort: No, it doesn't have to be a Latin. Sylvester. Stallone, I think became a
Cuban, Little Havana citizen.
Commissioner Plummer: He became... Stallone is a citizen of Little Havana?
Mr. Rodriguez: We're going to try...
Commissioner Plummer: Huh?
Mr. Rodriguez: We want another name, if we may? It's Norma Duval, a famous Spanish singer,
she's going to come to town this year, and we want to give her a star. Norma Duval is her name.
Mayor Carollo: OK, that's fine.
Commissioner Plummer: I would move it Mr. Mayor, predicated on that these names must be
utilized within a 12-month period from this date or it has to come back for Commission
approval.
Mr. Rodriguez: It's nice with us.
Mayor Carollo: That'll be fine. There's a motion of the 13 names submitted.
Mr. Aaron Weeks (Chief of Staff): Mr. Mayor.
Commissioner Gort: Second.
Mayor Carollo: Second. Yes.
33 March 27, 1997
Mr. Weeks: We would also request that you include that they provide the audited financial
statement as you had requested previously.
Commissioner Plummer: This approval is subject to the auditing statement being surrendered.
Mr. Rodriguez: OK.
Mayor Carollo: Very good. Subject to the conditions that have been mentioned. There is a
motion, there is a second. Is there any further discussion?
Mr. Walter J. Foeman (City Clerk: Is there a seconder, Mr. Mayor?
Mayor Carollo: Commissioner Gort. Hearing none, all in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: OK, thank you.
Mr. Rodriguez: Thank you.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-201
A RESOLUTION APPROVING THE INSTALLATION OF THIRTEEN MARBLE
-STARS ON THE CALLE OCHO WALK OF FAME IN HONOR OF CERTAIN
INDIVIDUALS AS DESIGNATED HEREIN, SUBJECT TO (1) PLACEMENT OF
SAID STARS WITHIN A ONE YEAR PERIOD, AND (2) SUBMITTAL OF AN
AUDITED FINANCIAL STATEMENT BY THE "STAR OF CALLE OCHO."
(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.
34 March 27, 1997
------- -------------------------------------------------------------------------------------- -------------------
14. DISCUSS / DESIGNATE CAPTAIN EDUARDO FERRER & CITY
REPRESENTATIVES TO MEET WITH DARE COUNTY AVIATION
REGARDING NOISE ABATEMENT PROCEDURES AT AIRPORT &
FEDERAL/LOCAL ENFORCEMENT OF SAME -- FURTHER INSTRUCT
COMMITTEE TO RESEARCH HANDLING OF AIRPORT NOISE
INTRUSION INTO RESIDENTIAL AREAS BY BOSTON & ATLANTA --
FURTHER APPOINT VICE MAYOR REGALADO AS CITY LIAISON TO
COMMITTEE.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: OK, we're in item five now.
Commissioner Gort: Noise abatement. Airport.
Vice Mayor Regalado: Mr. Mayor, if I may? Several weeks ago, I brought this issue to the
attention of the Commission, and I had the help of Captain Eduardo Ferrer. Since then, I have
gotten many, many calls from people who are affected by the noise level of Miami International
Airport. I have also received information that I think it's important that this Commission will
learn. And what I hope, is that on today's meeting we come to some kind of agreement in terms
of a resolution because after all we might be told that Dade County is the one that operates the
airport but the citizens of the City of Miami are those who are more impacted by this situation.
=So I would ask the administration to... and the Commission, to try to come up with something
concrete on this meeting. And having said that, could you start the presentation please?
Mr. Francisco Garcia (Principal Land Development Specialist/Community Planning and
Revitalization Dept.): My pleasure sir. Good morning, Mr. Vice Mayor, gentlemen of the City
Commission. For the record, my name is Francisco Garcia with the Department of Community
Planning and Revitalization. Let me first say to underscore what Vice Mayor Regalado has just
said, that if anyone should doubt that this is a real problem, What I might suggest that they might
do is, perhaps visit with Captain Ferrer one day and stand in his back yard and listen to how,
approximately every 20 minutes airplanes hover right over it creating just unbelievable noise. I
wasn't aware of this before and it was really surprising to me. And let me...
Commissioner Gort: And I have that in my house.
Mr. Garcia: I'm sorry sir.
Commissioner Gort: I have that at my house.
Mr. Garcia: Those who don't can't really appreciate how serious the problem is, but it is a
serious problem. Let me also take a brief opportunity to thank very much Captain Eduardo
Ferrer for his invaluable assistance in preparing this study, without his help all the technical
documents that I've had to go through would have been practically impossible. What I'd like to
do by way of brief presentation is read into the record a letter drafted by Captain Patrick McCoy
and Captain Eduardo Ferrer addressing you and then explain very briefly the proposals before
you today, or the recommendations we have as to how to deal with this item. "Miami
International Airport has undergone a period of significant growth in the last several years. This
growth, how be it good for the financial health of Dade County, has adversely impacted the
residents of the City of Miami. The impact result from the often overwhelming noise generated
by aircraft departing from and arriving at Miami International Airport. There are ways in which
35 March 27, 1997
L
this impact can be addressed without hindering the growth and success of our airport, one of the
nation's great international gateways. Throughout the country and the world the nuisance
created by aircraft noise has been recognized and strict noise abatement procedures and
regulations have been adopted and enforced. These procedures allow airports to grow and
operate efficiently while addressing the legitimate concerns of those who reside in areas adjacent
to the airport and along the flight path of departing and arriving aircraft. In a time when every
major Metropolitan area in the United States has a noise abatement policy in place, Dade County
hasn't or doesn't enforce it effectively. Any noise does not enforce effectively any noise
abatement regulations. The urgency of the issue becomes readily apparent when it is realized
that Miami International Airport is the 10th busiest airport in the nation. There's much can be
done to ameliorate the existing situation. The measures proposing the accompanying study
would considerably alleviate the impact presently endured by Miami residents. However, as all
measures they will only be affected to the degree that they are observed by airlines and their
pilots. Consequently, their success hinges on the implementation of an effective enforcement
mechanism." Having said that, let me say that there are essentially three areas in which we have
focussed our efforts here. And it makes sense to address them in that order. Our first proposal
is, that whenever possible airplanes take off and land to the west of the airport, in a westerly
direction. And the reason for that is very simple. If I may point to these charter... which is also
in the booklets I just handed out in the second year tab, here's the.. Here's Miami International
Airport, and what you see here is the contour of the City of Miami. What you see in yellow is
low density residential communities. What you see in this lightly darker shade of yellow are
more highly densed residential communities. This lavender color is industrial and the red is
commercial, blue institutional. There are three runways in Miami International Airport. One,
two and three. When taking off the east, of course, the airplanes as they take off cross right over
the City of Miami.
-Commissioner Plummer:: No, they don't: They take off over my house.
Mr. Garcia: I presume you live in Miami, sir.
Vice Mayor Regalado. My house first and then your house.
Mr. Garcia: What I wanted to point out is, that if the runway to the north, which is known as
Runway 9-Right, basically crosses over all, you know, industrial areas, all of it. And for a brief
moment commercial and then out into the bay. Runway 9-Left, basically crosses over the highly
densed residential area, then institutional, then again highly densed residential, and then
commercial. Has some impact in the residential area, but again, more so than the first one. The
last one of them, Runway 12, is really the problem, the crux of the matter here. It crosses over
almost exclusively, low density residential and it is also the longest flight path over the City of
Miami. What we are proposing is, that if airplanes must take off to the east, as sometimes they
must, that preference be given to Runway 9-Right. Then second preference be given to Runway
9-Left. And lastly, Runway 12, which should be reserved exclusively for airplanes with Stage
III... complying with Stage III regulations, which is a noise measurement and those are the least
noisy aircraft. And that Stage II airplanes and nosier airplanes should be banned altogether from
Runway 12.
Vice Mayor Regalado: Excuse me, Francisco.
Mr. Garcia: Yes, sir.
Vice Mayor Regalado: There is an issue of also of violations that are taking place right now in
terms of hours of uses of the runways.
Mr. Garcia: Yes, sir. It has yet to he determined conclusively whether Miami International
Airport has any noise abatement procedures in place. Captain Ferrer just recently after
36 March 27, 1997
__J
conversing with the officials over at that Airport Tower was able to find that the FAA, the
Federal Aviation Administration, has implemented certain procedures, but they are presently not
enforced, not followed by Miami International Airport. And the crux of the matter is, if there is
no enforcement of these procedures they will not be respected by airlines and their pilots. So in
that sense you're exactly right. And the proposal before you today, is to direct the City
Manager's office or the staff, they may choose to delegate, to conduct a dialogue with Dade
County so that we can put in place effective enforcement procedures.
Vice Mayor Regalado: Mr. Mayor, I would ask the City Commission and the administration to
yes, conduct that kind of conversation, but I would request that as soon as possible we have in
place a resolution, some kind of ordinance because the City of Miami has the right, as the City of
London has. The airport in the City of London does not belong to the City of London and yet,
they have laws, regulations, ordinance in place that allows the City of London to enforce it and
even fine the airlines. I would also ask the Commission, to include Captain Eduardo Ferrer in
the delegation from the City of Miami that would be meeting with members of whatever
authority, the Port Authority, Airport Authority, Dade County, because I think that if we have
somebody in the City that understands what we're talking about... And, I would also like to
praise the work that Francisco has done. He's been very important what he has done to look into
the matter. But, I would ask the Commission to include Captain Ferrer as a member of this
delegation.
Commissioner Plummer: Make a motion.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor.
Vice Mayor Regalado: I so make a motion.
Mr. Jones. Mr. Mayor. Excuse me, before you make that motion, I think that what Francisco
has said in terms of putting together a delegation or whatever to have some dialogue with the
County would be most appropriate. But I have to advise you that the Federal Aviation Act and
the Noise Control Act which are both federal statutes preempt local governments and
municipalities from regulating anything to do with noise coming from airport and the like. So I
think that the most you can do is to bear... is to bring pressure perhaps upon the County to deal
with the Federal Aviation Administration in terms of bringing to their attention what the problem
is, in the hopes that what you have within this report...
Vice Mayor Regalado: Mr. City Attorney, can I ask a question?
Mr. Jones: Yes.
Vice Mayor Regalado: Is there any wording in the City Charter that says that the City
Commission and the City government has some kind of responsibility for the well being of the
citizens of Miami?
Mr. Jones: That's correct. But sir, what I'm trying to tell you is that federal law preempts any
local law.
Vice Mayor Regalado: Then Dade County will not be able to...
Mr. Jones: Well, Dade County won't be able to do it either.
Vice Mayor Regalado: Well, can I tell you that in other cities of the United States, cities do have
some kind of a ordinance that will make sure that the noise level is not a problem for their
citizens?
37 March 27, 1997
I��
Mr. Jones: Well, I mean I'll look into it. I'm just telling you what the United States Supreme
Court has basically said that local governments basically don't have the right to regulate noise as
it comes from that, comes from the airport.
Vice Mayor Regalado: But we're facing here a violation from the same FAA regulations. I
mean, I hope that they would not be upset because we're reminding them that they are. violating
their own rules?
Commissioner Plummer: Well, what we'll do... We'll...
Commissioner Gort: I'll second the motion. I'll second the motion. I know some of the
Commissioners... Dade County Commissioners are looking into it because they are receiving
complaints. I know Commissioner Morales is going to be looking at it too. So, I'll second the
motion.
Commissioner Plummer: Yeah.
Mayor Carollo: There's a motion, there's a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No nays.
The following motion was. introduced by Vice Mayor Regalado, who moved its adoption:
MOTION NO. 97-202
A MOTION DIRECTING THE ADMINISTRATION TO DESIGNATE CERTAIN
CITY REPRESENTATIVES (INCLUDING CAPTAIN EDUARDO FERRER, A
REPRESENTATIVE FROM THE PUBLIC) TO MEET WITH METROPOLITAN
DADE COUNTY AVIATION DEPARTMENT IN CONNECTION WITH NOISE
ABATEMENT PROCEDURES, AS WELL AS ADDRESSING THE ENFORCEMENT
OF RELEVANT FEDERAL AVIATION ADMINISTRATION AND DADE COUNTY
REGULATIONS GOVERNING SAME; FURTHER ESTABLISHING A
COMMITTEE OF TWO, COMPRISED OF FRANCISCO GARCIA AND EDUARDO
FERRER, TO STUDY WHAT HAS BEEN DONE AT LOGAN AIRPORT (BOSTON,
MASSACHUSETTS) AND ATLANTA'S AIRPORT (ATLANTA, GEORGIA)
REGARDING SAID MATTER; FURTHER APPOINTING VICE MAYOR TOMAS
REGALADO AS THE CITY COMMISSION'S LIAISON TO SAID COMMITTEE;
FURTHER REQUESTING THAT SAID COMMITTEE REPORT BACK WITH A
RECOMMENDATION AT THE FIRST REGULAR MEETING OF MAY 1997.
38 March 27, 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.
Vice Mayor Regalado: Mr. Mayor, in terms of time frame, what can we expect from this, how
this group of the City of Miami will be formed? Mr. City Manager?
Mr. Aaron Weeks (Chief -of -Staff): Mr. Vice Mayor, at your direction you can ask us to form
the committee and report back to you the composition of that committee within... on the April
loth Commission meeting.
Commissioner Gort: It should be statements that are...
Vice Mayor Regalado: I'm sorry. April?
Commissioner Plummer: I, you know. May I make a suggestion to my colleague? I would
bring it back in May. The administration has get all they can handle between now and the 15th
of April. And I would beg of my colleague to say "hey, just let them address the main issue and
bring it back in May."
Vice Mayor Regalado: You're right. But I think that the administration should move quickly in
terms of organizing the meetings and if we have Captain Ferrer who is willing to work full-time
pro Bono for this City on this issue and Francisco that understands the issue. 1 mean we are not
going to take away so many staff members for this issue.
Commissioner Gort: Let me give you a suggestion. Why don't you have a committee of two go
visit the airport and talk and see what's going on?
Vice Mayor Regalado: That's what I was suggesting that the committee will be formed by
Captain Ferrer, Francisco who both are knowledgeable of the situation.
Commissioner Hernandez: Mr. Mayor.
Mayor Carollo: Go ahead.
Commissioner Hernandez: I'd like to recommend to staff if they haven't already, Mr. Garcia,
who is doing the study, if you haven't looked at a study that was done on Logan Airport in
Boston, Massachusetts many years ago, in reference to noise pollution, and they were able to
curb noise pollution over there very successfully. So, look into that study. It was done at least
10 years ago.
Vice Mayor Regalado: Yeah, that is right. That is right. Logan, the City of Boston did do a
study and enforced it after they passed a resolution. And, the City of Atlanta I think it has also
some kind of law.
39 March 27, 1997
i X
Vice Mayor Regalado: Sure. Captain Ferrer.
Mr. Eduardo Ferrer: Excuse me. Mr. Commissioners, I just want to let you know that the FAA,
the Federal Aviation Agency doesn't have any jurisdiction at all over the foreign aircraft. The
pilot come from here and they fly over at three feet over Miami and they don't have any problem
because the FAA cannot do anything to them And beside that the person or the individual that
can do something for the noise abatement all over the world are the cities and the FAA have to
coorperate with them. I just want to let you know that.
Vice Mayor Regalado: Thank you.
Mr. Weeks: Commissioner, in answer to your question, Mr. Francisco has told me that it would
probably be advisable to have approximately 45 to 60 days in order to have those discussions.
And with the captain's help, we will direct them to meet with the Dade County Aviation
Department and MIA (Miami International Airport) and bring back those results of those
meetings.
Vice Mayor Regalado: Yes. I just would like to make sure that in every meeting Captain Ferrer
will be present so, he would, you know, be representing the citizens of Miami.
Mr. Garcia: May I say briefly that I think there is a very high likelihood of success and probably
sooner rather than later because it isn't really a problem of not having regulations in place.
There seems to be plenty of evidence that the regulations by the FAA are in place, it's simply a
matter of getting Dade County to whatever extent they can to enforce those regulations.
Vice Mayor Regalado: Thank you.
Mayor Carollo: Any further discussion on this matter?
----------------------------------------------------------------------------------------------------------------
15. (A) DISCUSS / DEFER APPROVAL OF REQUEST TO REFINANCE
EXISTING CITY LOANS FOR INDIAN RIVER PROPERTIES/
IDEAL REHAB, INC./ LIBERTY CITY IMPROVEMENTS CORP. /
DOWNTOWN INVESTMENTS, INC. UNTIL NEEDED FINANCIAL
DOCUMENTS ARE PROVIDED -- FURTHER APPOINTING
COMMISSIONER HERNANDEZ TO MEDIATE SAID MATTER /
TO ENSURE ALL INFORMATION NECESSARY HAS BEEN
SUBMITTED.
(B) ASSISTANT CITY ATTORNEY LINDA KEARSON CLARIFIES
CITY'S RECEIPT OF SECTION 108 LOAN.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Let's move on to the next item on this agenda which is 5-A.
Commissioner Hernandez: Mr. Mayor, these were concerns that I had over several loans that
had been requested to be refinanced. You had stepped out of last week's meeting due to an
emergency and you were not able to participate in the discussion that had taken place. We will
allow, I guess to proceed staff with these three requests -- and so I'd like you to participate and
hear the discussion with us..
Mr. Elbert Waters (Director, NET/Community Development): Good morning Mr. Mayor and
members of the City Commission. For the record, my name is Elbert Waters, Director of the
40 March 27, 1997
L
Department of Community Department/NET (Neighborhood Enhancement Teams). Per the
directive of the Commission, the administration is recommending the adoption of the
recommendation of the City's Housing Loan Committee pertaining to three multifamily
projects. One, Indian River Investments. The addresses are 1201 Northwest 2nd Avenue; 1232
Northwest 1st Place; 149 Northwest llth Street. Second is the Ideal Rehab Inc., and Liberty
City Improvement Corporation, 1215 Northwest 60th Street, 1240 Northwest 61st Street; 1520
Northwest 61st Street, and the third property is Downtown Investments, Inc. Address is 450
Northwest 9th Street, 4423 Northwest 9th Street and 439 Northwest 9th Street. The Housing
Loan Committee met...
Commissioner Gort: Excuse me. Let me ask you a question?
Mr. Waters: Yes, sir.
Commissioner Gort: On number three, 4423 or 423?
Mr. Waters: It's 423. It's a scrivenous error, sir. The request was to... for refinancing these
three multifamily units. They total approximately 168 substandard family units through out the
Model City and the Overtown neighborhoods. The Housing Loan Committee consist of myself
as chairman; Mr. Jeffrey Hepburn; Diane Kraska-Veltre, from the Department of Community
Development/NET; Mr. Wally Lee who is the director of... an Assistant City Manager of Public
Works, and Mr. Raul Martinez who is the executive director of Miami Capital Inc.
Commissioner Plummer: No, I... Excuse me. I don't ever remember appointing that board.
Mr. W-aters: This board was an administrative appointment by the previous administration.
Commissioner Plummer: A loan.
Mr. Waters: It was set up to various different loans that would be requested by the developers in
the community. And so it's an internal administrative function. In addition to...
Commissioner Plummer: That's unusual.
Commissioner Hernandez: That is unusual.
Commissioner Plummer: Very unusual. And I'll tell you what, at the conclusion of this I'm
going to make a motion that at least one Commissioner be on that board. I think it's imperative
that we be represented there. But, that's not for you, that's after this motion.
Mr. Waters: Yes, sir. In addition, mister... the nonvoting member is Mr. Robert Nachlinger,
who is the Assistant City Manager in charge of Finance and Administration and Assistant City
Attorney Linda Kearson. The first proposal, Indian River Investments, the property again is
located in Overtown requires the City to approve an assumption of a second mortgage in the
amount of seven hundred and forty thousand dollars ($740,000). The request is to require the
City to subordinate it's loan to a new first mortgage from Ocean Bank totalling nine hundred and
fifty thousand dollars ($950,000). What the borrower and the breakdown is as follows: There is
an original City loan in the amount of eight hundred and fifty thousand. The City's loan position
is in... we're in second place. The total amount due to the City is one million thirty-eight
thousand seven fifty. That includes two hundred and ninety-seven thousand dollars ($297,000),
plus a seven hundred forty thousand dollar ($740,000) outstanding balance. The first mortgage
holder is Community Reinvestment Fund and the first mortgage amount is four hundred and fifty
thousand dollars ($450,000). The request is as follows: One, the... if the request was for nine
hundred and fifty thousand dollars ($950,000). The monies would be applied as follows: Four
41 March 27, 1997
__ J
F
hundred and fifty thousand dollars ($450,000) would be used to pay off an existing mortgage
with the Community Reinvestment Fund. Four hundred thousand dollars ($400,000) would be
paid to Indian River Investments, Inc., and a one hundred thousand dollar ($100,000) principle
reduction to the City of Miami on its loan of approximately seven hundred forty thousand dollars
($740,000). Eighty-four thousand dollars ($84,000) would be... these would be payments of a
thousand dollars ($1,000) or more for 84 installments that would be applied to the City's existing
loan. The recommendation of the Housing Committee was to deny the request for refinancing.
The vote was five to zero, and the reasoning behind that was as follows: One, the committee
included that one, that we needed a copy of CenTrust's complete package submitted to Ocean
Bank. We needed a corporate resolution filed with the State of Florida. There is a Certificate of
Good Standing with the State of Florida that was required. We need the corporate and personal
financial statement of all corporate officers, a management plan showing experience in the
ability to manage these projects, and six a copy of the existing contract between the current
property owner, CenTrust. May I also mention the fact that this property is in arrears with the
City and what... in the amount of two hundred and ninety-seven thousand dollars ($297,000).
Their mortgage... the City's second mortgage is applied to that, and therefore based on the
information that was presented to the Housing Loan Committee on this item, we felt that it was
unacceptable and therefore recommended denial of this project. Number...
Commissioner Hernandez: OK.
Mr. Waters: May I just go through all three -- or you want to do one at a time?
Commissioner Hernandez: I think we should tackle one by one, that way we don't mix the three
loans. Do you agree or? Mr. Mayor?
Mayor Carollo: [Inaudible]
Commissioner Hernandez: Go ahead and make your presentation and I guess then we'll make...
we'll ask... question...
Mr. Waters: One of the other issues that came up in this item, number one, is presently on the
Indian River Investments, the loan repayment to the City of Miami requires approximately a
seven thousand six hundred dollar ($7,600) monthly payment to the City from Indian River.
They are currently in arrears. Their monthly rental on this particular development totals
approximately twenty-nine thousand dollars ($29,000) and what the staff has so done is to begin
to recoup or take its money from the top of those repayments associated with that particular loan.
What we're saying in this proposal, it appears that the developer want... There's a payment
proposing four hundred and fifty to us, four hundred thousand dollars ($400,000) to go to Indian
River Investments who in essence has not... who is currently in arrears with the City's loans.
And, the other proposal was to present to the City approximately one hundred thousand dollars
($100,000) of principal reduction payments on that particular loan. And again, the
recommendation of the Housing Loan Committee was for denial. We felt that this proposal was
not in the best interest of the City of Miami.
Commissioner Hernandez: Before you make your presentation I want to clarify some things that
I think it's important for all of us to know and I need to know an answer. After I met with you
Mr. Waters and Mr. Weeks, yesterday. Number one, how do you propose? --and, have you or
your department reached some kind of agreement with the first mortgagee on the assignment of
these rents? Have you gotten in contact with them?
Mr. Waters: No, we have not been in contact with Ocean Bank, sir.
Commissioner Hernandez: OK. Let me tell you the problem I have with that. I have a copy of
loan documents in this case. Any assignment of rents other than to the first mortgagee is illegal.
42
March 27, 1997
So, the City of Miami cannot withdraw seven thousand six hundred dollars ($7,600) as you
recommend from the rents to pay off these arrears. If you would like to see the document, I have
it here. This is standard documentation in any loan procedure. The first mortgagee gets the
assignment of rents. So what the staff is recommending is not only incorrect, but it's illegal, and
we cannot do that.
Mr. Waters: Be...
Commissioner Hernandez: So, basically... You told me yesterday that you are already
withdrawing the seventy-six hundred dollars ($7,600) a month from the twenty-nine thousand
dollars ($29,000) that they make in monthly payments?
Mr. Waters: We started that action, sir.
Commissioner Hernandez: OK.
Mr. Waters: This...
Commissioner Hernandez: Do you know that it's incorrect?
Ms. Linda Kearson (Assistant City Attorney): Well, the first mortgagee is not in arrears. That's,
that... So, I don't know what you're reading Commissioner, but if the first mortgagee is being
paid, there'll be no reason for them to collect the rents. If they're receiving their money. I have
not read your documents. But, our understanding is that their payments are being made on a
timely basis.
Commissioner Hernandez: I -understand that Linda. But,•that's irrelevant because they have a
collateral assignment of leases and rents and you cannot assign any rents that are due to a second
party without the approval of the first mortgagee. And, that is a problem that we're going to get
into if we are already withdrawing monies from these rents without advising them. That's
number one.
Mr. Waters: Commissioner, if I may sir?
Commissioner Hernandez: OK.
Mr. Waters: This... the second mortgagee on this particular project is a Section VIII Rehab. It is
with the U.S. Department of Housing and Urban Development. That is the rental payments that
we are deducting from that particular loan. And therefore, it is allowed under the program. We
have to show due diligence in making the concerted effort to collect on that part. So, once I was
advised that there was an arrears, we began action, we contacted HUD. HUD advised us that we
are well within the program requirements to do so, and we've done just that.
Commissioner Hernandez: I agree with your due diligence and program requirements of HUD.
But, then your option is one, and that is to sue these gentlemen for -- or foreclose on their
property for arrears. We cannot overstep our boundaries or our jurisdiction under the first
mortgagee, we have to play with them because those are the loan documents that appear on
record. But, let them make their presentation so everybody can listen to their side of the story.
Commissioner Plummer: Well, Hernan... Humberto, if I may? The thing that bothers me more,
before you even get into this thing, is the fact that there were documents requested, demanded,
that have not been forthcoming.
Commissioner Hernandez: Well, I'm glad you bring up that point...
43 March 27, 1997
L
Commissioner Plummer: OK,
Commissioner Hernandez: ... because I want you to hear their side of the story. They're...
Commissioner Plummer: OK, but I'm just saying is...
Commissioner Hernandez: Right.
Commissioner Plummer: ... if they have in fact supplied the documents, that staff is telling me
that they have not received and they gave me a list of documents that were supposed to be
surrendered...
Commissioner Gort: Yeah.
Commissioner Plummer: ... which they say have not.
Commissioner Hernandez: It's in your backup information what they haven't surrendered.
Commissioner Plummer: OK. And, in fact a final determination or recommendation is going to
be difficult without those documents. I am saying this matter needs to be deferred.
Commissioner Hernandez: I agree with you and I met with Mr. Waters yesterday. I think any
type of loan committee in order to make a proper decision has to have all of the documents in
their hands.
Commissioner Plummer: Absolutely.
Commissioner Hernandez: Now, they are telling me that they did present these documents to
them. So, we'll get to the bottom line today, I guess.
Commissioner Gort: Mr. Mayor? The one thing that really bothers me is, some of those people
have been in arrears for two years.
Commissioner Hernandez: That's not them though.
Commissioner Gort: No, I know it's not them.
Commissioner Hernandez: Yeah. Three years, almost.
Commissioner Gort: It's the people here, of three years.
Commissioner Gort: Actually, since 1993 they are in arrears.
Commissioner Gort: I mean, with what Plummer stated, I hate to see this. I think we should
start foreclosures on anyone who misses payment, right away.
Commissioner Hernandez: We're in arrears...
Commissioner Gort: I'd like to see that in the future.
Commissioner Hernandez: Close to three hundred thousand dollars ($300,000), four years.
Since 1993, they haven't paid.
44 March 27, 1997
Mayor Carollo: Well, that's another prime example of how things were being run before.
Commissioner Hernandez: Go ahead.
Mr. Carlos De Zayas: Commissioner Hernandez, Mr. Mayor, members of the Commission.
Thank you very much for your time. And, my name is Carlos De Zayas, I'm with the law firm
of De Zayas, O'Naghten, and Diaz, 2655 South Bayshore Drive in Coconut Grove, directly
across the street. Some of you Commissioners may know that quite a bit of what we do is
workouts and bankruptcy. Basically, I'm here to speak to our lender, the City and our
prospective lender, the City, on these two matters. In the manner that I would speak to the Board
of Directors of a prospective lender regarding a workout and regarding what should make fiscal
sense. First of all, on the matter of the Indian River that the City's been discussing now. Mr.
Dearing tell me that he did in fact supply a whole package.
Commissioner Plummer: Sir, may I interrupt you please?
Mr. De Zayas: Yes, sir. Of course.
Commissioner Plummer: I would like to know from you, have you seen the list of documents
that they say that you haven't supplied? Have you seen that list?
Mr. De Zayas: Yes, sir. I have.
Commissioner Plummer: And do you agree or disagree that they have been provided or have not
been provided?
Mr. De Zayas: Your honor, my -client Mr. Dearing tells me that he --specifically hand carried
these documents to staff's office. Perhaps, you should...
Commissioner Plummer: Approximately how long ago?
Mr. Jose Dearing: About almost three or four weeks ago, on a Friday afternoon, I delivered...
Mr. DeZayas: OK. Now...
Commissioner Plummer: Excuse me. Staff.
Mr. Waters: Yes, sir.
Commissioner Plummer: You heard what I heard?
Mr. Waters: Yes, sir.
Commissioner Plummer: You have a comment?
Mr. Waters: Yes, sir.
Commissioner Plummer: I'd like to hear it.
Mr. Waters: The information of which the counsellor has presented by his client is incomplete.
We have incomplete documents associated with this submission, and therefore the loan
committee again, was unable to make a decision associated with this particular request.
Commissioner Plummer: What you're saying is...
45 March 27, 1997
L
Mr. Waters: It's incomplete.
Commissioner Plummer: ... they provide you with documents that were not 100 percent
complete?
Mr. Waters: It's incomplete.
Commissioner Plummer: You understand that sir?
Mr. De Zayas: Yes, sir, we do.
Commissioner Plummer: And your response?
Mr. De Zayas: Our response is, that we would like to know this morning if possible, which
documents staff says...
Mr. Waters: Number...
Mr. De Zayas: ... has not been provided so that they be hand carried this afternoon.
Mr. Waters: OK.
Mr. De Zayas: And if in fact they are complete...
Commissioner Plummer: I will acquiesce to my colleague, Commissioner Hernandez, but at the
time of your conclusion I will- move that this matter be deferred until such time as all of the
documents necessary are surrendered. I mean, you just can't ask this Commission to in fact
make decisions predicated on incomplete so you know, I'm not going to ask you to quit talking
now. But, I'm just telling you at the conclusion of whatever you're going to say, I am going to
have a motion that I am going to make that this matter be deferred for two reasons: one, that all
documentation needed, is going to be supplied within a reasonable period of time; and number
two, that all matters relating to this will be brought up before the loan committee of which I hope
a Commissioner will be appointed to, and that it will then come hack before this Commission
once all of that has come out of the wash.
Mr. Jose Dearing: Commissioner Plummer, may I? My name is Jose Dearing. I'm the Manager
and the assignee of the contract between Indian River and... Central Properties my property.
On... Three weeks ago, on a Friday afternoon at 4:30, every, every document that was being
asked except the management plan proving my experience in handling Section VIII apartments,
which I could not very well produce because no one was able to define in the housing staff what
the heck they meant by the management plan. I have been involved in Section VIII housing for
the last ten years. The idea that I have to prove to somebody some knowledge on that, to me was
impossible to describe, unless, I was provided with some documents to help me. But, every,
every single other document was personally delivered to me, by me to Mr. Mario Diaz. Later on
I checked with Mr. Jeffrey Hepburn who is standing there. I also spoke to Mr. Jack Jean and
them if they have received those documents, and they said, yes. If they have misplaced those
documents, they have not contacted me. For four weeks asking for those documents which now,
again, seemed to have disappeared. I have been asking them since December 19th, when I first
got the commitment from Ocean Bank about this. And it so happen that every so many weeks or
whatever they disappear or something and they keep on asking me for some more. But, I spoke
to Mr. Jeffrey Hepburn, who is standing there. I spoke to Mr. Jack Jean and my question was
very simple, "have you received all the documents that on February -- I think it was -- the 25th
of February" I delivered myself, to Mr. Mario Diaz, a member of the Housing staff. I was told
46 March 27, 1997
L
by both of them, "yes." I asked what is missing in there? You need anything else? Any
additional documents? And I was referred to the management plan which I explained. I have
been doing that for ten years, do I need to prove to somebody that I know what I am doing?
Commissioner Plummer: Sir, we're not arguing with you. We're saying that staff has not said
that they have these documents completed, and I am sorry if they have deceived you, or if there's
been deceit. But, I'm is, they don't have them. And without....
Mr. Elbert L. Waters: Commissioner, there's... I am sorry, sir. There's no deception. We
don't...
Mr. Dearing: So, can we ask then if they....? Can we ask Mr. Hepburn and Mr. Jack Jean, if
they have received them? - they told me, yes.
Mr. Waters: For the record we, again, those six items that I stipulated earlier - we have an
incomplete package from the... in submission to the Ocean Bank. We don't have the complete
package.
Commissioner Plummer: You're not listening to me, sir.
Mr. Waters: I am sorry.
Commissioner Plummer: He is saying that he has called you for three to four weeks asking you
if the documents were complete, wanting to know if you wanted more information and nobody
got back to him, Now, all I'm saying is, the bottom line is, the documents that you're saying you
needed are not -in the house. And, until those documents are in the house, we cannot make any
kind of decision here predicated on a recommendation that's going to be made without those
documents.
Mr. De Zayas: Commissioner Plummer.
Commissioner Hernandez: Commissioner Plummer, I agree with you. Just before we vote on
your motion, I'd like to...
Commissioner Plummer: I'm not trying to cut you off.
Commissioner Hernandez: Let, let's get down to the bottom line then.
Commissioner Plummer: Fine.
Commissioner Hernandez; There are six items that are missing in page three of the report of the
recommendation as to this loan. What is missing of those six? Do you have any of those six that
have been recuperated?
Mr. Waters: We have... Item number one, the package submitted to Ocean Bank is incomplete.
We need to have the complete loan documents associated with Ocean Bank. Number two, the
corporate resolution which is to be filed with the State of Florida, we do not have it. And, staff
advises me that we do not have it. Number three, the Certificate of Good Standing with the State
of Florida, staff advises me that we do not have it. Number four, corporate and personal
financial statements of all corporate officers, staff advises me that we do not have it. Number
five, the management plan demonstrating experience in the ability to manage a project where
housing units are subsidized under Section VIII, Model Rehab Projects. Staff advises me that we
do not have. Number six, a copy of an existing contract between the current property owner and
Central Property's, staff does not have those documents.
47 March 27, 1997
Commissioner Hernandez: OK, Mr. Waters, then this is all we need for you to properly review
this and make a recommendation to us, correct?
Mr. Waters: Yes, sir.
Commissioner Hernandez: That's all? OK, so you need to get these six items and turn them
over to staff so we can properly review this and make a determination as per motion that's going
to be made by Commissioner Plummer.
Mr. De Zayas: Thank you, Commissioner. To the extent that we have not supplied it already, of
course we will supply it.
Commissioner Hernandez: OK.
Mr. De Zayas: We would ask thought that we have a time certain for this matter to come back
before the Commission, so that it doesn't get lost.
Commissioner Plummer: Ten days after you supply the documents needed.
Mr. De Zayas: Thank you, sir.
Commissioner Hernandez: OK, on loan number two. I'm sorry.
Commissioner Plummer: They're all the same as I under...
Commissioner Hernandez: Yeah, I know.
Commissioner Gort: I have a question.
Commissioner Hernandez: But, let's get down to what Mister... Is it?
Commissioner Gort: And, I understand this gentleman is not the one with the problems. But
this guy has been in arrears for three years, has not made any payment and he's going to get four
hundred thousand dollars ($400,000). He's going to walk away with four hundred thousand
dollars ($400,000).
Commissioner Hernandez: Ah, what...
Mr. De Zayas: Commissioner Gort, I'm surprised really that...
Commissioner Hernandez: You can explain that for him.
Mr. Dearing: That's not fair. [inaudible]
Mr. De Zayas: Excuse me. I am surprised that the City hasn't thought of, at the closing
applying some sort of processory remedy over those funds.
Commissioner Gort: I mean, I think we should look at that. I mean, if the guy is going to
receive four hundred thousand dollars ($400,000) and he's in arrears, the City is not going to get
anything out of those four hundred thousand dollars ($400,000)?
Ms. Linda Kearson (Assistant City Attorney): Commissioner Gort, I think we need to give a
little background, this project, in terms of the request that was made by the previous, the current
48 March 27, 1997
L
property owner. It was our understanding that this money was to be used as an infusion of funds
for another Overtown Park West project, if I am not mistaken. Therefore, for a number of
months, if not years, the City has been working with the current property owner to help him do
just that. It wasn't until recently that we learned of this transaction as being, you know, that's
being proposed here. So, it wasn't as if we were derelict, we were trying to work with the
Overtown property owner.
Commissioner Gort: OK.
Ms. Kearson: Now, we... the committee denied this request because we felt that it was not a
financial benefit to the City of Miami. That's why its' being denied today.
Commissioner Gort: OK. Thank you.
Commissioner Plummer: I have a question. The new, not the old organization, the new
organization. Who is the president of that organization? Of the corporation, who is president of
the corporation?
Mr. Waters: The buyers. We really don't know.
Commissioner Plummer: That's why I'm asking the question.
Mr. Waters: What was presented to us, Central Properties on behalf of Ms. Luz Cordova...
Commissioner Plummer: And who is she?
�'Mr. Waters: GO-R-D-O-V-A. _I've not met the person myself.
Commissioner Plummer: Have you run a background check on this lady? Do you know who
she is?
Mr. Waters: I don't know who she is.
Commissioner Plummer: Is she a local resident?
Mr. Waters: It's my understanding that the individual is not a local.
Commissioner Plummer: She has no criminal record.
Mr. Waters: I'm unaware of any...
Commissioner Plummer: Well, it would seems like to me, Mr. Waters, that we would like know
these things, who we're dealing with. I think when you're talking about a million dollars
($1,000,000) or more, you know, a little thing here and there, that we ought to know the
background on these people that we're dealing with.
Mr. Waters: Commissioner, you are so correct and that's why we asked and as a part of the
documents that we wanted to receive, the corporate resolution. We don't... Those... that's the
information that we do not have in order to make a business decision or recommendation on
behalf of the City.
Commissioner Plummer: Well, I think the City should be not just you, but the total
administration. When we're dealing with people to let out contracts or we're leasing property or
we're doing anything like that, we should h4ve full disclosure of those people and know their
49 March 27, 1997
backgrounds. You know, because this is how we get embarrassed. We don't that these people
are convicted of something, something, something, and we pick up a paper and read about it and
we never knew it. Now, ignorance is not bliss.
Mr. Dearing: Commissioner Plummer, if I may respond to your question, since?
Commissioner Plummer: Well, yeah. He doesn't know and that's what bothers me.
Mr. Dearing: Yeah, he doesn't know it because he hasn't been around that long in the housing
agency. Since 1987, Ms. Luz Cordova is the owner of property called Rainbow Towers in
Overtown. In 1987, she is a foreign national. She is a Mexican lady. And, in 1987, the first
time every year, practically she's been coming to this town. She signed documents with the
housing agency accepting from them and her investing also, a million dollars ($1,000,000) in
properties in Overtown. They have their record. In 1987... In 1991, that property was
refinanced. Again, they have the records. She came down again, did the refinancing. In 19...
Last year, 1996 this lady paid over one hundred and twenty-five thousand dollars ($125,000) to
the housing agency and on the other company, Central Property, we managed the properties for
her. We are her representatives, we have the power of attorney. Ms. Linda Kearson, Mr. Jack
Jean, Mr. Jeffrey Hepburn, Ms. Diane Kraska have sit at the table with lady, after she has
provided all of her financial statements and she have executed her documents to the City of
Miami - assigning them loans, taking their loans, making payments to them. If, at this level,
after almost ten years of dealing with that lady, they still don't know what there is, something is
happening here.
Commissioner Plummer: Were they?
Ms. Kearson: Well...
Mr. Dearing: And, I am the president of Central Properties.
Commissioner Plummer: Were they serving drinks?
Ms. Kearson: No.
Mr. Dearing: I am sorry. I don't know. They were probably drinks, or whatever.
Ms. Kearson: Well, Mr. Dearing every transact...
Mr. Dearing: Don't they know her? Ms. Linda Kearson knows. She has been kissing Ms.
Cordova for the last ten years, every time she comes to town.
Ms. Kearson: Well, I don't kiss women. But...
Mr. Dearing: Oh, you have been only kissing me? Thank you.
Ms. Kearson: ... Mr. Dearing, every transaction...
Commissioner Plummer: You just lost that one buddy.
Ms. Kearson: ... is a different... Every transaction is a different transaction and while we have
met Ms. Cordova in the past, over the past several years, you are now asking for different
finances from the City of Miami. Therefore...
Mr. Dearing: No, I'm addressing the fact that no one seems to know, all of a sudden who Ms.
Cordova is.
50 March 27, 1997
L
Ms. Kearson:... therefore, the administration... The administration has the...
Mr. Dearing: For ten years they have been dealing with her and they don't know who she is.
Ms. Kearson: We don't know what happened yesterday to Ms. Cordova. All we're asking for
are current financial statements. And which are...
Mr. Dearing: Which I provided already and which Mr. Jeffrey Hepburn and Mr. Jack Jean said
they had received.
Ms. Kearson: Well.
Commissioner Plummer: Mr. Hernandez, can I try to short circuit this to accomplish what we're
trying to accomplish? That within three days the administration, you better be listening, hello?
Mr. Dearing: Yes, sir.
Commissioner Plummer: That within three working days, the administration shall submit to
these applicants a document outlining any and all required documents. They will surrender to
these staff the background, a full disclosure on any and all corporative owners. Within 10 days
thereafter, the staff will make a recommendation to the first available Commission meeting after
they have received all of those documents and that pertains to all three of the loans. And, I think
that, that should take care of it.
Commissioner Hernandez: OK. The third loan deals with a different party who... He's there
and he'll make:.. The first two are with the same party. Just for the record, that's fine with me.
For the record, if we can clarify on the second loan, if the seven items that he... that Mr. Waters
has listed in the recommendation are the seven items, the only seven items that they need to
properly review this.
Commissioner Plummer: Well, I would assume if they made a list, that that's what they needed.
Commissioner Hernandez: Yeah. Is that it?
Mr. Waters: Yeah, no, I was just looking at the WASA (Water and Sewer Authority) bill on the
second item that you're speaking of.
Commissioner Plummer: Well they're not going to produce a WASA bill. WASA will produce
it.
Mr. Waters: You see... We will get that.
Commissioner Hernandez: What's the question?
Mr. Waters: On number two, on item number two. Number seven, is a letter of explanation
regarding the unpaid bills and agreement, if any, from Dade County's Water and Sewer
Authority. So, I mean, that stipulation will be... We'll continue to work with them like we've
done in the past. The administration was able to ask for a 30-day extension on behalf of the
developers. So, what I am saying to you is, we've been working, in my opinion, as much as
possible to assist the developer in trying to get this information. We've not ruled that out. But,
what we also have said is that adequate information has not been submitted to the department.
So, it is not an adversarial relationship, it's a relationship of trying to assist, and we're going to
continue to do that as we move forward.
51 March 27, 1997
L
7
Commissioner Hernandez: Mr. Waters, we're going to need an extension for you to get in touch
with the Department of WASA because I believe that the 30-day extension that was given should
be running out in about week, a week and -a -half. So, someone is going to have to get in touch
and say, we're working this out and I would recommend it be from the staff so, they know.
Mr. Waters: Staff again, Commissioner will talk with Dave Water. We will follow-up and to
see if we can obtain some additional time for us to make a decision on this particular application.
Commissioner Hernandez: The danger you know is, obviously we have a lot of people living
there, if they cut the water off we're going to have some serious problems.
Commissioner Plummer: Well, can I ask a dumb question?
Commissioner Hernandez: Yeah, it's not our responsibility to pay the water bills.
Commissioner Plummer: Why don't we force them to pay the water bill? It would seem logical
that they should pay the water bill. If it's due and owing...
Mr. De Zayas: Uh-huh.
Commissioner Plummer: ... why aren't they paying the water bill?
Mr. De Zayas: Commissioner Plummer, we are happy to pay the water bill. In order to pay the
water bill we need, for our loan from Ocean Bank, which is not only that where the water bill
will come from, but the one hundred and twenty-five thousand dollars ($125,000) which is going
to go to the City to close. An order to make the last payment to the City of one hundred and
twenty-five...
Commissioner Plummer: Well, what happens? Sir, what happens if you don't get it?
Mr. De Zayas: Yes, sir. I am sorry?
Commissioner Plummer: What happens if you don't get it?
Mr. De Zayas: Commissioner...
Commissioner Plummer: You still owe the money to the water department.
Mr. De Zayas: Understood sir. But that's where the cash has to come from. We have a hard
commitment from Ocean Bank to loan. The only thing we're waiting for is this subordination.
In order to make the last payment to the City of one hundred and twenty-two thousand dollars
($122,000), last year this gentleman mortgaged his home. He doesn't have any more ability to
mortgage his home. The Commission was looking for personal accountability, there's personal
accountability here. He has now gone to the private sector and borrowed sufficient money on his
credit to partially take the City out and to take WASA, which primes the City. This is why we
consider it an emergency.
Commissioner Plummer: Sir.
Mr. De Zayas: This is why we consider it necessary for the City to go forward, yeah or nay with
this proceeding.
Commissioner Plummer: I would like to see this matter to go forward as quickly as possible.
There's nothing that we deal with, outside of crime overall, that this community needs more than
52 March 27, 1997
L
t-d-�
11�
housing, right? And, I would hope that you would enter into a spirit of cooperation with staff, so
that we can say honestly that we're doing all we can to make housing available. But sir, we have
to have all the documents, we have all of the information, and we can't go into it blind.
Mr. Waters: And, Commissioner for the record, we assisted with working with this... the
developer in refinancing properties whereby a payoff to Dade Water and Sewer was made. So,
what I am saying to you is, staff has been working with the developer in trying to reconcile those
particular problems associated with these developments. So, we have forged a spirit of
cooperation in that endeavor.
Mr. De Zayas: Commissioner, I can assure you that whatever the situation has been with staff
prior to today, whenever staff call me I will return their call regardless of where they are. And I
can assure the Commission of the cooperation that Commissioner Plummer is looking for.
Commissioner Gort: What you're telling me is, this was done once before with?
Mr. Waters: Yes, sir, we did it once before.
Commissioner Gort: OK.
Commissioner Plummer: All right.
Ms. Kearson: Yes.
Commissioner Gort: In other words, let me ask you a question then. And, part of the... My
understanding in looking at these documents, all of these properties had a lot of problems in the
past. My understanding is; you don't have enough revenue to cover your expenses, according to
what I see here. Am I correct?
Mr. De Zayas: We will, have enough revenue to cover the expenses once the refinancing takes
the loan out to a 30-year period.
Commissioner Gort: But my understanding, my understanding is this is what has taken place in
the past. I think he was asking about the plan for the future, his experience in Section VIII? I
don't want to see his experience in Section VIII, I want to see the financial statement and
projection how we're going to make the payments for these revenues so this will not happen
again.
Mr. De Zayas: Yes, sir.
Commissioner Plummer: Let's move on.
Commissioner Hernandez: Let's go on... just on loan number three, yeah black and white. We
don't have to talk about it, just state that these are the five documents you need.
Mr. Waters: Yes, sir. For the record, one we need a recent appraisal of the properties. Two, we
need firm commitment on the original stationary from a private lender. Three, we need a Profit
and Loss statement from the company. We need... four, personal financial statements for each of
the principals of the corporation and five, a complete disposition itemizing how the funds will be
utilized.
Commissioner Plummer: That's on item two or item?
Mr. Waters: That's item three.
53 March 27, 1997
Commissioner Hernandez: That's item three.
Commissioner Plummer: Item three.
Commissioner Hernandez: Item number three.
Commissioner Plummer: OK. The same motion would prevail to item three that prevails to the
other two.
Mr. Jorge Tobares: Mayor, Commissioner. This is Downtown Investment now, this is a totally
different ball game.
Commissioner Plummer: Same problems though?
Mr. Tobares: No, it's not. No, it's not. We're not refinancing any City loan.
Commissioner Plummer: Sir, insufficient documentation is the same. According to staff, you
have not provided the documentation that they require.
Mr. Tobares: That is... With all due respect Commissioner, you mentioned needed
documentation. We are in disagreement what are the needed documentation. They are asking us
for total appraisal that will cost us five thousand dollars ($5,000), there's no need for an
appraisal. They're not refinancing. There's a private lender that will be refinancing, they're not
refinancing.
Commissioner Plummer: Justify the reason for reappraisal.
Commissioner Hernandez: Let me ask you a question here on the reappraisal. Under the
guidelines, market value, isn't the department responsible for that appraisal and not the actual
borrower?
Mr. Waters: No, sir.
Commissioner Hernandez: Sir, I don't know, maybe I got the wrong books, the wrong edition...
reading it...
Mr. Waters: What...
Mr. Tobares: What we have is a block grant. We do not pay the City one penny a month.
There's no interest and there's no monthly payment. Why would they demand an appraisal?
Commissioner Plummer: I've asked them to justify why they want it.
Mr. Tobares: I mean, why?
Commissioner Hernandez: Plummer. Commissioner Plummer, Rules and Regulations,
Subsection B, Section III. The market value of the property will be determined by an
appraisal procured by the department." I mean, what... Maybe I got the wrong books. I don't
understand.
Mr. Tobares: I mean why would we have to pay for it?
Commissioner Hernandez: It's right here black and white.
54 March 27, 1997
L
Mr. Waters: What's your cite. I'm sorry, what are you citing, sir?
Commissioner Hernandez: Sir, I'm reading from the rules and regulations. I'm reading
exactly... I'll read it again. "The market value of the property will be determined by an
appraisal procured by the department." Not the borrower. You're asking him for an appraisal
that you're responsible to do, not him..
Mr. Tobares: In the amount of five thousand dollars ($5,000). Is it not?
Commissioner Plummer: You know, we are doing a lot of conversation and getting nothing
accomplished. You know, I just in the future, to the administration. I don't know why you even
schedule this before the City Commission and you start off by telling me you don't have all the
documents you need. I think before it gets scheduled here you should have all those documents
or don't schedule it.
Mr. Aaron Weeks (Chief -of -Staff): Commissioner, it was scheduled at the Commission's
request.
Commissioner Plummer: Then I will take a back seat to that anytime.
Mayor Carollo: Look, I'm... We have a motion and a second for deferment. I call the question.
What I am going to add to that motion, to deferment is appointing Commissioner Hernandez to
be the mediator between the Commission, the administration and, these people, to make sure that
once this is brought back to us we will have all the information that this Commission will need to
make the best judgment that we can.
Commissioner Plummer:., Second the motion or making the motion or something. Let's move.
Mayor Carollo: OK. There's a motion, there's a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: Thank you.
55 March 27, 1997
F
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-203
A MOTION TO DEFER CONSIDERATION OF AGENDA 5-A UNTIL THE
HEREINBELOW DOCUMENTS ARE PROVIDED TO THE ADMINISTRATION:
(1) COMPLETED LOAN DOCUMENTS ASSOCIATED WITH OCEAN BANK.
(2) CORPORATE RESOLUTION FILED WITH THE STATE OF FLORIDA;
(3) CERTIFICATE OF GOOD STANDING WITH THE STATE OF FLORIDA;
(4) CORPORATE AND PERSONAL FINANCIAL STATEMENTS OF ALL
CORPORATE OFFICERS;
(5) MANAGEMENT PLAN DEMONSTRATING EXPERIENCE AND ABILITY TO
MANAGE A PROJECT OF SUBSIDIZED HOUSING UNITS UNDER THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT SECTION 8 GUIDELINES;
(6) COPY OF EXISTING CONTRACT BETWEEN CURRENT PROPERTY
OWNER AND CENTRAL PROPERTIES;
FURTHER INSTRUCTING THE MANAGER TO DIRECT STAFF TO ASSIST
APPLICANTS IN OBTAINING AN ADDITIONAL EXTENSION FROM THE
WATER AND SEWER AUTHORITY OF METROPOLITAN DADE COUNTY IN
CONNECTION WITH THE PAYMENT OF OVERDUE WATER BILL (LOAN NO.
2); FURTHER REQUESTING OF APPLICANTS TO PROVIDE THE
ADMINISTRATION WITH A COMPLETE BREAKDOWN ITEMIZING HOW
LOAN MONIES WILL BE USED; FURTHER INSTRUCTING THE CITY
MANAGER TO DIRECT CITY STAFF TO PROVIDE APPLICANTS WITH A LIST
OF ALL REQUIRED DOCUMENTS NEEDED REGARDING THE REFINANCING
OF SAID LOANS WITHIN THREE WORKING DAYS; FURTHER REQUESTING
OF SAID APPLICANT TO SURRENDER TO STAFF THE BACKGROUND AND
FULL DISCLOSURE OF ANY AND ALL CORPORATE OWNERS; FURTHER
STIPULATING THAT WITHIN 10 DAYS THEREAFTER, THE STAFF SHALL
SUBMIT A RECOMMENDATION TO THE COMMISSION SUBSEQUENT TO
RECEIPT OF ALL DOCUMENTS INVOLVING REFINANCING OF EXISTING
CITY LOANS; FURTHER APPOINTING COMMISSIONER HERNANDEZ AS A
COMMITTEE OF ONE TO SERVE AS A MEDIATOR IN SAID MATTER TO
ENSURE THAT ONCE THIS ISSUE IS BROUGHT BACK, THE CITY WOULD
HAVE ALL OF THE NECESSARY INFORMATION TO MAKE A DECISION
REGARDING SAME.
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.
Ms. Kearson: Mr. Mayor, may I please just?
56 March 27, 1997
Mayor Carollo: I'm sorry Linda, we're done with this. We're on the next item. Next time.
Thank you.
Vice Mayor Regalado: Before we go on, Mr. Mayor. There's a group of persons who would
like to present the members of the Commission with the idea that they have regarding the crisis
of the City of Miami and well, they have a T-shirt that they would like to, the Commission to
have.
Mayor Carollo: Great, sure. Come on up, please.
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Yes.
Commissioner Gort: I think in the record it was stated that we were doing something illegal, and
I think Linda needs to clarify that. It would only be a minute.
Mayor Carollo: OK, if you could hold just for one minute. Linda, please, quickly. We don't
want to keep beating a dead horse today.
Ms. Linda Kearson (Assistant City Attorney): Right. No, Mr. Mayor, I just want to clarify that
the administration's receipt of the Section 108 funds is not an illegal act. I reviewed the
assignment, and that deals with an assignment of the rents to the first mortgagee, but we are also
an assignee in this matter. So, since they are in default of our loan, we have every right to
collect those rents. So, it's not an illegal act.
Mayor Carollo: OK, thank you.
----------------------------------------------------------------------------------------------------------------
16 DISCUSS ALLOCATION OF FUNDS FROM SALE OF "911 RESCUE
MIAMI" TEE SHIRTS.
Mayor Carollo: All right, thank you. Go ahead, ma'am.
Ms. Ronilda Goodrich: OK, my name Roni Goodrich. I'm a journalist for the Beach News, I
also have a nonprofit organization "Children of the Universe", which has done many events for
the City, I am sure you're aware." And, I brought one of the children today to present a T-shirt
and Mr. Gustavo Cabrera which is the editor of Beach News that has created this concept. If you
will permit me I would like to read you a press release that was sent this morning and last night
to all of the press here in Miami?
Mayor Carollo: Go ahead.
Ms. Goodrich: "911 Rescue Miami where many hopes and dreams have been accomplished.
Let us all work together so that future dreams and hopes do not die or fade away. Help make
Miami again, the City it has always been. The seaport to Americans to the businesses and
people from all walks of life and all ethnic background. United we stand, divided we fall. Let us
bring the spirit of being proud back to Miami. If we, ourselves divide our City and communities
with the Blacks did this and the Hispanics did that and the Anglos did this and who did that, we
will never amount to the powerful City to which we should belong. Miami has been proud and
57 March 27, 1997
L
around for over 100 years as we all know. Let us preserve it. The editor of Beach News has
created the concept and design of 911 Rescue T-shirts to be sold to help salvage funds for the
City of Miami. The editor's name is Mr. Gustavo Adolfo Cabrera and the debut of the T-shirts
shall be tomorrow, May 27th" which is today, "at 10:00 a.m., at City Hall." And the rest is up to
all of us. I would like to have Mr. Cabrera say a little bit in Spanish as Miami is a bilingual
community, if possible?
Mayor Carollo: Certainly, go ahead.
Mr. Gustavo Adolfo Cabrera: [COMMENTS MADE IN SPANISH.]
Commissioner Plummer: But where is the money that's from the sale going to?
Ms. Goodrich: All right, this is what... I have requested a meeting with Mayor Joe Carollo and
also Tomas Regalado. This is what we would like to discuss.
Mayor Carollo: OK, what I would prefer that be done is, if you could before you leave here, get
a date from Aaron Weeks so that you could either meet with him or the City Manager or both.
And, after you meet with them then I'll be happy to, you know, sit down and go ahead and see
what's been recommended. But, the appropriate way to go first is to... meeting with the
administration so that they can recommend to me and to the Commission which steps they feel
that we should take.
- Ms. Goodrich: Well, that's exactly what I thought too. So, thank you very much.
Mayor Carollo:. Great, thank you very much.
Ms. Goodrich: We will do that. We would again like to thank you very much for your time.
Mayor Carollo: Surely.
Ms. Goodrich: We have the... Channel 51, was here earlier and they did a little bit on this.
Mayor Carollo: And we appreciate it. Mr. Weeks, you get all the information from them and
then set up a meeting after the 15th and then you can recommend to this Commission what you
all think is the right thing to do on this.
Mr. Weeks: We will, Mr. Mayor.
Commissioner Plummer: But, let me ask a question? These shirts are not going to sold until this
Commission takes an action?
Ms. Goodrich: They certainly won't.
Commissioner Plummer: OK.
58 March 27, 1997
F
17. AUTHORIZE / DIRECT CITY MANAGER TO REPORT TO CITY
COMISSION PROPERTIES / LEASES / CONTRACT NOT CURRENT IN
PAYMENTS DUE TO CITY -- FURTHER REQUEST SIMILAR REPORT
FROM MIAMI CAPITAL.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: OK, I think we have one more item left in the morning agenda that we could do.
Five C.
Commissioner Plummer: No, we've got more than that.
Commissioner Gort: Yeah, we've got a whole lot of them.
Commissioner Plummer: We've got all of these appointments.
Mayor Carollo: Yeah, but everything else...
Commissioner Hernandez: Yeah.
Mayor Carollo: ... we can take, I don't believe until after two o'clock...
Commissioner Hernandez: Two o'clock.
Commissioner Plummer: If... No, the appointments you... Huh?
Commissioner Gort: We've got all the appointments.
Commissioner Plummer: The appointments you can do before then.
Vice Mayor Regalado: The appointments. The appointments.
Mayor Carollo: Do we still have those?
Commissioner Hernandez: Yeah...
Commissioner Plummer: Yeah.
Commissioner Gort: Yeah, we have them. We can make the appointments.
iMayor Carollo: OK.
Commissioner Plummer: I've just been handed two pockets. Three more pocket items.
Mayor Carollo: You and I can be at, this at six. We're done.
Commissioner Plummer: Well, rest surely that I have no problem with vacating. Mr. Mayor,
while we're waiting for whatever we're we are waiting for, I'd like to make a motion at this time
that the administration within the next 15 days forward to this City Commission any and all
properties, leases, contracts that are not current in payment due this City. I also request that
same from Miami Capital. And, I think this Commission needs to deal with that so that we can
59 March 27, 1997
F
find out not two years after rent has not been paid, that we need to know immediately whether or
not rent has been paid. Does anybody have a problem with that? I so move.
Commissioner Gort: Second.
Vice Mayor Regalado: Second.
Commissioner Plummer: Call the roll. Everybody, it's a resolution.
Mr. Walter J. Foeman: Roll call.
Commissioner Plummer: It is a resolution, everybody I think says yes.
Commissioner Gort: Yes.
Commissioner Hernandez: Yes.
Commissioner Plummer: OK.
Mayor Carollo: Yes, no nays.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-204
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
FORWARD TO THE CITY COMMISSION WITHIN 15 DAYS ANY AND ALL
PROPERTY LEASES, CONTRACTS THAT ARE NOT CURRENT IN PAYMENTS
DUE TO THE CITY OF MIAMI; FURTHER REQUESTING OF MIAMI CAPITAL
DEVELOPMENT CORPORATION, INC. TO PROVIDE THE COMMISSION WITH
A SIMILAR REPORT REGARDING THE ABOVE CITED, JUST AS THE ONE
BEING PROVIDED BY THE ADMINISTRATION.
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.
60 March 27, 1997
----------------------------------------------------------------------------------------------------------------
18. COMMISSIONER REQUESTS AGAIN WEEKLY REPORT REGARDING
COST OF POLICE COURT OVERTIME -- FURTHER DIRECT
ADMINISTRATION BY COMMISSIONER PLUMMER TO HAVE POLICE
PROVIDE WEEKLY REPORT OF IMPOUNDING ACTIVITIES -- FURTHER
DIRECT ADMINISTRATION BY COMMISSIONER PLUMMER TO HAVE
POLICE CONTINUE STREET SWEEPS OF COCONUT GROVE FOR 21
DAYS/THREE TIMES PER DAY.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I asked at the last Commission meeting of the administration, Mr.
Weeks, that the police chief come back to this meeting with a recommendation, or at least a
meeting that he has taken place with the court system to include in court costs the cost borne by
the City of a policeman who has to appear. They get their court cost. The assess that against the
person who is found guilty. We are finding that in DUI (Driving Under the Influence) cases that
sometimes they are deferred six, seven and eight times, and the policemen have to appear each
and every time for three hours minimum of overtime. It would seem logical to me, that if in fact
the court assess court costs against the guilty party, that the court should likewise assess the
police cost against the guilty party and I want to tell you you're going to find out that I am told
that that figure is right around a million dollars ($1,000,000) a year.
Commissioner Gort: That's right.
Commissioner Plummer: OK. - So, again I had expected that there would be a report back to this
Commission today. I also asked for a weekly report on the items that we passed, for example, of
the impounding of a car in drugs that it takes five hundred dollars ($500) plus towing cost to get
back a weekly report to this Commission and I haven't seen any. And the reason I am insistent
upon this, is these are the things that we said to the Oversight Committee that we are using to try
to make up the deficit, and I've not seen any of them. So, I am not going to take a stick to the
police chief today. I want to congratulate the police chief for his action of yesterday of doing the
street sweeping in Coconut Grove and urge him to do it no less than three times a day for the
next twenty-one days, OK. Do you understand what I am trying to say?
Mr. Aaron Weeks (Chief -of Staff): Yes, we do Commissioner.
Commissioner Plummer: All right. I hope he does and I hope that he will in fact.
Mr. Weeks: Commissioner, regarding the impounding of the vehicles, that program has not
started. Just on the last Commission the special masters was approved and that process is going
forward. Once that program is in place then the weekly reports will be forwarded to you, to the
Commission.
Commissioner Plummer: Sir, again. This is one of the items that was a big ticket item that we
are saying to the Oversight Committee is where we're generating additional recurring revenues.
Now, how long is how long? I'm saying they should start it today, not only for the purposes of
raising revenues. But to send a message to people who are going to buy drugs in the City of
Miami, it's going to cost you a minimum of five hundred dollars ($500) to get your car back. So
that's a double edge sword in my book. And we're supposed to receive at the time that was
passed that was supposed to be a weekly report, and I haven't seen the first one. Thank you.
[At this point, 11:09 a.m., Mayor Carollo left the City Commission meeting.]
61 March 27, 1997
L
----------------------------------------------------------------------------------------------------------------
19. AUTHORIZE / DIRECT CITY MANAGER TO WORK WITH
ORGANIZATIONS FEEDING/CLOTHING HOMELESS TO ESTABLISH
EFFECTIVE ADMINISTRAIVE PROCEDURES FOR SUCH EFFORTS -- TO
CONTROL LITTERING IN CONNECTION WITH SAME.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Regalado: OK, can we have several pocket items? If you want to do it now, or you
want to go ahead and do the appointments?
Commissioner Plummer: I'm sorry, sir.
Vice Mayor Regalado: Commissioners, appointments or pocket items? You want to do it now?
Commissioner Plummer: Whatever turns you on. We've got a..
Vice Mayor Regalado: OK, let's move with pocket items. You have... no. I have a pocket item
regarding downtown Miami and the liter that generates providing food to the homeless by
different trucks from religious and community organizations. Essentially, what the pocket item
says is that the City has to direct these organizations to feed in a specific area during a specific
period of time. And, I'm sure that all the members of the Commission have seen in downtown
Miami, the problems that they have with the liter in different areas of downtown. Especially, I
went there on Saturday afternoon and Sunday afternoon and you know it was a mess and it's
something that we're going to have to deal with somehow. So, I was wondering if this
Commission will direct the administration with this pocket item to start working with this
organization and tell them a specific area that they can feed. Now, they're going to say that
we're violating their rights or whatever. So, I don't know what the City Attorney will tell us but
I think it's only fair that they can feed in someplace and not all around downtown with these
little trucks that I saw one... As a matter of fact, I saw two on Saturday from churches giving out
paper cups and paper plates and they go out, they sit on the street and they just leave it there and
it's a very, very ugly situation that we have there.
Commissioner Gort: Commissioner, I'll second it. If you're making a motion, I'll second the
motion. And, this is something that we've done before. When we approved the... and somebody
correct me if I am wrong. The Homeless Trust or the organization in charge of the... My
understanding was that we were supposed to coordinate that with all the churches and everyone.
My understanding is, in talking to Lydia in charge of the homeless that we would have to set up
locations with tables and so on.
Vice Mayor Regalado: Yeah. Well, if we have something in place....
Commissioner Gort: But, I think we should work very closely with the Homeless Trust and they
should try to help us coordinate... And, most important what we need to put in here in the
enforcement. The problem we've had in the past, we've had that done but the lax of
enforcement was not there, so my suggestions to the department, when you come up with an
idea, come with a tool where we can also enforce it, OK.
Vice Mayor Regalado: Well, you know, what I saw on Saturday afternoon. It was a truck giving
out, like they were in a hurry, you know. Giving out and they stopped in about half a block and
they gave and the people just sat there and ate and threw their paper cups and paper plates on the
streets and it was a really messy situation. So, I mean, you know it's not that we don't go out
62 March 27, 1997
L
and clean, that's not a Solid Waste issue. It's... The problem is that we have to control that,
somehow. And, mind you they're going to come and say we're violating their rights because
they have the right to feed the people. But, you know do it the right way.
Mr. Ron Williams (Assistant City Manager/Solid Waste): Commissioner.
Vice Mayor Regalado: No problems, City Attorney? No problems at all? Wow.
Mr. A. Quinn Jones, III, Esq. (City Attorney): I don't say no, all the time.
Vice Mayor Regalado: OK, well that's good.
Mr. Williams: Mr. Vice Mayor, just by way of further information. The same time of issues
exists with the delivery of clothing, mattresses, sleeping.
Commissioner Gort: Well, let's take it all.
Mr. Williams: So I would ask that you include those types of issues also.
Vice Mayor Regalado: Well, I would move to include on this resolution not only food, but
clothes and other articles for the homeless and the needy. So, that's my motion.
Commissioner Gort: Second.
Vice Mayor Regalado: OK. There is a motion and a second. All in favor say "aye".
,The Commission (Collectively):. Aye.
The following resolution was introduced by Vice Mayor Regalado, who moved its adoption:
RESOLUTION NO. 97-205
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
WORK WITH THE DIFFERENT ORGANIZATIONS WHO ARE PROVIDING
CLOTHES AND FOOD FOR THE HOMELESS AND INFORM THEM OF THE
SPECIFIC AREAS IN WHICH THEY CAN CONDUCT SAID ACTIVITIES,
FURTHER DIRECTING THE MANAGER TO WORK WITH THE HOMELESS
TRUST TO EFFECTIVELY ADMINISTER SAME AND COME UP WITH A TOOL
FOR THE CONTROL OF LITER CURRENTLY BEING GENERATED IN
CONNECTION WITH SAME.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
63 March 27, 1997
L
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
Mayor Joe Carollo
20. (A) AUTHORIZE I DIRECT CITY MANAGER TO ENTER INTO
REVOCABLE PERMIT WITH DINNER KEY BOATYARD
TENANTS WITH STIPULATIONS.
(B) DIRECT ADMINISTRATION BY VICE MAYOR REGALADO TO
PROVIDE REPORT ON FIRING OF RUBEN CRUZ.
(C) COMMISSION COMMENTS ON BOATS AT DINNER KEY
BOATYARD.
Commissioner Gort: Mr. Vice Mayor.
Vice Mayor Regalado: Yes.
Commissioner Gort: At this time I have a request for personal appearance for the people on
Merrill Stevens. My understanding is, the Legal Department has to...
Ms. Connie Frantz: Good morning. My name is Connie Frantz, I live at 7821 Southwest 55th
Avenue in Miami. The tenants of the Dinner Key Boatyard would like to continue operating our
businesses until a proposer has been chosen to develop the property. We appreciate the
construction of the seawall and the replacement of the badly needed docks that Hurricane
Andrew destroyed is about to begin and that hauling of the boats must stop. However, many of
the tenants whose offices and shops are inside the hangars can continue to operate, pay rent,
secure the property and serve the boating community. Please rescind the eviction notice and
allow us to continue until a developer for the whole yard has been chosen.
Commissioner Plummer: Is this Dinner Key?
Ms. Frantz: Yes.
Commissioner Plummer: Well, you know, how are we going to be assured that when we say you
got 30 days, you're going to live up to it? Because it's my understanding that some of the people
who we told that to and we gave a blessing to said, "to hell with you, we ain't going to move,
we're going to court."
Ms. Frantz: Well, that is not my intention and...
Commissioner Plummer: Well, you know it might not be your intention but, Mr. City Attorney,
am I wrong?
64 March 27, 1997
L
Mr. John Brennan: Let me speak for you. Just one second. J.L.
Commissioner Plummer: OK. No John, hold on. Let me tell you something, I have no problem
extending until we are ready to do. We need the revenue. But let me tell you something, you're
going to put up a bond that we can estreat if you don't move out when we tell you. Something
that's going to be enforceable. You're going to put in an escrow account whether it's one
thousand dollars ($1,000) or five thousand dollars ($5,000) that if you don't do what you agree
to do, the money comes to the City. And, we're going to use it as a legal defense to fight you. I
am absolutely just taken back that when we, this Commission in all our actions said we're going
to grant you additional time and to have people turn around and then tell you, "No, we're going
to sue you." That's unheard of. I mean, if that is not biting the hand that fed you, something is
radically wrong. So, all I'm saying is, I'll give you an extension to whatever this administration
tells me is 30 days, or 60 days prior to when we can expect something to happen over there. No
problem. But, this time I am going to protect this City and say to you, you're going to put up
something in collateral whether it's one thousand dollars ($1,000) or five thousand dollars
($5,000). You're going to put up something. And, if you don't live up to your word, you lost it.
So, let's take it from there.
Mr. Brennan: J.L., if...
Commissioner Hernandez: Commissioner, I believe the recommendation from the staff is going
to be to not grant an extension.
Commissioner Plummer: That's there prerogative. I don't have to agree with them.
Ms. Brennan: J.L.,%if'I'may? •This young lady has a forklift ordered and she will be out
tomorrow if you don't grant the extension. She's paid here dues to date and you have a painter
who was here earlier...
Commissioner Plummer: John, you're not listening to me. I have no problem...
Mr. Brennan: I... J.L., I hear you but we've got people all over the world that cheat on the
world. And this is a group of people that are willing to work with you so you'll protect the
property. Remember the Marine Stadium.
Commissioner Plummer: Remember, that I have been insulted once. When we asked them to
move, they took us to court, OK. Not this lady necessarily. Not this lady.
Mr. Brennan: When was this?
Ms. Christina Abrams (Director, Public Facilities): Well, we're in the process of evicting some
tenants that didn't follow the Commission's directive to sign the agreement and to pay the rent in
advance.
Commissioner Plummer: Yeah, they didn't do it.
Ms. Abrams: And that's for about ten tenants.
Commissioner Plummer: Yeah, OK. All I'm saying to you, look, I'm with you, buddy. I'm
with you. But I want some kind of a penalty that when we say to you, we want you to move and
you thumb your nose at us, that we're going to take that penalty, OK.
65 March 27, 1997
L
Mr. Brennan: Please remember this is a group of business people, just like we got a group of
men here and you can't depend on whether everybody is going to stand up at once if you ask.
These are all individual people and this is a group.
Commissioner Plummer: Then we get rid of them who refuse now.
Mr. Brennan: I don't have any problem with that. No problem at all.
Commissioner Gort: My understanding... I'd like to hear from staff.
Ms. Abrams: If I could make a recommendation. If the Commission wishes to extend the tenant
that they enter into a revokable permit for the use of the property. They agree to leave in this
permit, 30 days from when the City gives them notification and that they pay in advance three
months rent or in escrow the entire rent owed for the period that they will be there which is
approximately eight months. Most of the tenants pay an average rent of between one hundred
and fifty to two fifty. So, that would be approximately two thousand dollars ($2,000) in
advance.
Commissioner Hernandez: That's pretty fair.
Commissioner Plummer: Fine. And any of those who do not agree to that...
Commissioner Gort: Continue the eviction.
Ms. Abrams: We proceed with the eviction.
Commissioner Plummer: ... we lock the door on now.
Commissioner Hernandez: Commissioner Plummer, I make a motion to...
Mr. Mariano Cruz: Can I say something?
Commissioner Hernandez: I make a motion to approve the recomendations of the staff.
Commissioner Plummer: Second. Staff made a good recommendation.
Vice Mayor Regalado: OK, before... Mariano.
Mr. Cruz: Yeah. Mariano Cruz, 1227 Northwest 26th Street. I was just this morning at the
Dinner Key Boatyard there. I went to it there, and as a City taxpayer, resident, I would like to
have a clarification of what's going on there because according to the date, that's supposed to be
closed already and everybody removed and the whole thing fini, finito. But, I have here in my
possession, I'm going to enter into the record a letter, that my brother, see there Rubin Cruz,
seven year employee of the City, part-time, whatever they call it, temporary, making twelve
thousand one hundred and three dollars ($12,103). The big amount of twelve thousand one
hundred three dollars ($12,103) with no benefits. Lucky he's a veteran of the United States Air
Force and he's able to use the Veteran Hospital due to injuries suffered when Gordon and
Andrew there working and he received a letter that said, "Mr. Rubin Cruz, Marina Safety
Assistant, Department of Conference, Conventions and Public Facilities on February 13, 1997.
Dear Mr. Cruz, this is to advise you that your service are no longer required. Please return all
City of Miami property that is in your possession. Sincerely, Christina Abrams, Director."
Carbon copy Personnel, Payroll, City Attorney Office, Labor Relations. And that was given on
the spot. At nightime Mrs. Abrams and Mr. De La Torre went there and give it to him without
giving him any notice or anything. Are they going to balance the budget or the problem here by
66 March 27, 1997
L
F
firing him? I mean, it's a lot of things going on. And they, maybe they do that to little people
that they don't have me as big brother. They doing that around there. And then I see around, I
see the same thing. I don't see Cesar Odio there but I see everybody else there. I mean, that
really, really and that's our money that should be there, should be taking care.
Vice Mayor Regalado: Thank you, Mariano.
Mr. Cruz: when some of your benefits are more than twelve thousand dollars
($12,000) a year. Why?
Vice Mayor Regalado: Christina, could you clarify why Mr. Cruz was laid off?
Ms. Abrams: Yes, Commissioner, I'll be glad to. We terminated Mr. Cruz as Mr. Cruz
explained. I do want to point out though that Mr. Rubin Cruz was arrested by the City of Miami
Police one week prior to being terminated for disorderly conduct and intoxication while on the
job. I further want to note that the day that I terminated him...
Commissioner Plummer: Woa, woa
convict him.
Mr. Cruz: Just look at this mistake.
Now, follow-up. Just because he was arrested doesn't
Commissioner Plummer: Wait a minute. Was he convicted?
Ms. Abrams: No.
--Commissioner Plummer:. I also want to point out that...
Commissioner Plummer: Well, are we not in a country that you're innocent until proven guilty?
Ms. Abrams: Yes.
Commissioner Plummer: I thought so.
Ms. Abrams: I also want to point...
Commissioner Plummer: So that's not the basis for firing?
Ms. Abrams: I also want to point out that the day that we went to hand Mr. Rubin Cruz the
notice of termination that he did smell of alcohol on his breath. And the reason we terminated
him at 9:30 was because that's when he worked.
Commissioner Plummer: Did you do a breathalizer test?
Ms. Abrams: No, we didn't.
Mr. Cruz: No.
Vice Mayor Regalado: So you did fire him because the police arrest him?
Ms. Abrams: No, we terminated him because we no longer required his services.
Commissioner Plummer: Ah-h-h-h.
67
March 27, 1997
Vice Mayor Regalado: Well who? Who is taking care of what he used to do?
Ms. Abrams: We have contracted an independent security company.
Vice Mayor Regalado: How much did that cost, Christina?
Ms. Abrams: It will cost about one thousand dollars ($1,000) a month.
Vice Mayor Regalado: The same amount that he used to get. But, then I don't understand. Why
do you fire him and contracted with a...?
Commissioner Plummer: Well, may I caution my colleague. We're starting to get into areas
which is subject to removal of a City Commissioner from officer by interfering with the
authority of the administration. I caution us for a second reason. And, that second reason is, if a
lawsuit were to be filed or a grievance procedure were to be filed, we're damned near making a
case for it. The man has been terminated. He has his rights of procedure to adjust his grievance
if he wishes to. But I would merely caution my colleagues that we got to...
Vice Mayor Regalado: Right. I hear you, I hear you J.L., but I think that this situation was
relevant to what we're discussing here because it has to do with security...
Commissioner Plummer: Well, I hear you. I hear you.
Vice Mayor Regalado: ... of the area. So, I would ask the City Manager to give me a report
about this precise, particular case.
Mr. Cruz: Besides that he is a City resident and a voter.
Mr. Aaron Weeks (Chief-of-Staft): We'll be more than happy to, Commissioner.
Commissioner Plummer: All right. Are we dealing still with...
Commissioner Gort: There is a motion and a second.
Commissioner Plummer: ... the Dinner Key?
Commissioner Gort: There is a motion and a second.
Commissioner Plummer: I thought we were.
Vice Mayor Regalado: There is.
Commissioner Gort: We haven't voted on it yet.
Vice Mayor Regalado: All... Anything else on the Dinner Key?
Commissioner Plummer: Well, I just want to make sure we understand. And, I am going to set
a deadline of ten days that anyone that wishes to be considered for an extension of time, must
surrender that which has been required by the administration within ten days, if not, eviction will
immediately pursue. There was one other item in reference to boats being removed.
Ms. Abrams: Most of the boats in the boatyard... The boatyard has to be closed down to begin
construction of the marina of which we expect to occur sometime within the next two to four
weeks.
68 March 27, 1997
Commissioner Plummer: No, no, they were given "X" number of days to remove all vessels.
Ms. Abrams: OK. We have... Most vessels...
Commissioner Plummer: Has that been complied with?
Ms. Abrams: Not 100 percent. No.
Commissioner Plummer: Why?
Ms. Abrams: Some vessels are abandoned, other vessels have not paid the amount owed and we
have not allowed them to he removed from the property. And the Law Department is working
with us in either putting a lien on the vessels or selling the vessels. We're removing the vessels,
unfortunately at our expense.
Commissioner Plummer: So, that's not really a consideration as it relates to this other?
Ms. Abrams: No.
Commissioner Plummer: Thank you, Mr. Vice Mayor.
Vice Mayor Regalado: OK, we're ready to vote, now? All in favor, say "aye."
The following motion was introduced by Commissioner Hernandez, who moved its adoption:
MOTION NO. 97-206
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER
INTO A REVOKABLE PERMIT WITH TENANTS OF THE DINNER KEY BOAT
YARD WITH THE STIPULATION THAT THEY MUST LEAVE 30 DAYS AFTER
NOTIFICATION OF SAME; FURTHER STIPULATING THAT SAID TENANTS
SHALL PAY EITHER THREE MONTHS RENT IN ADVANCE, OR PLACE IN
ESCROW EIGHT MONTHS RENT (APPROXIMATELY TWO THOUSAND
DOLLARS); FURTHER STIPULATING THAT THOSE TENANTS THAT DO NOT
AGREE SHALL BE EVICTED FROM THE PREMISES; FURTHER STATING THAT
TENANTS WHO WANT AN EXTENSION MUST NOTIFY CITY IMMEDIATELY.
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
NAYS: None.
ABSENT: Mayor Joe Carollo
69 March 27, 1997
L
F
------------------------------------------------------ -------------- -------------------------------------------
21. AUTHORIZE MEMORANDUM OF UNDERSTANDING BETWEEN CITY &
BLUE RIBBON TASK FORCE -- FOR IMPROVEMENT OF BUSINESS
PRACTICES OF CITY GOVERNMENT -- FURTHER AUTHORIZE $300,000
IN EXPENDITURES ANNUALLY -- FURTHER INDEMNIFY TASK FORCE
AGAINST THIRD PARTY CLAIMS -- SEE LABEL 32
----------------------------------------------------------------------------------------------------------------
Vice Mayor Regalado: Now, we have the appointments to do.
Commissioner Plummer: Well, there is two pocket items here in front of me presented...
Vice Mayor Regalado: Oh, OK. Go ahead.
Commissioner Plummer: They're not mine. They're by the administration and I have no
problem with them. I so move.
Vice Mayor Regalado: OK. You will notice a difference in the amount of money.
Commissioner Plummer: This is for any expense not to exceed the three hundred thousand.
Vice Mayor Regalado: OK.
. %Commissioner Plummer: And you know who those peopleare, by the way? They are the... on
the record Aaron, if you would? Top notch.
Mr. Aaron Weeks (Chief -of -Staff): The chairpersons of the task force are: Mr. Edward Foote,
III, president of the University of Miami. Mr. Modesto Maidique, president of Florida
International University and Mr. Ira C. Clark, president of the JMH (Jackson Memorial Hospital)
Public Health Trust.
Commissioner Plummer: I so move.
Vice Mayor Regalado: OR, there is a motion.
Commissioner Plummer: This is a task force to do business procedures not to exceed three
hundred thousand and those are the people that are heading up that task force. The University of
Miami, FIU (Florida International University) and Jackson.
Commissioner Gort: Is that, that Blue Ribbon Committee?
Commissioner Plummer: Yes.
Commissioner Gort: My understanding was that...
Commissioner Plummer: What?
Vice Mayor Regalado: Is there a second?
Commissioner Gort: There is another name that needs to be added to that.
70 March 27, 1997
--i
Commissioner Plummer: There was a fourth name to be added? Well, I assume we can add
anybody we want later on. If there's another name that you wish to supply, I'm sure there'll be
no problem.
Vice Mayor Regalado: Is there a second?
Vice Mayor Regalado: There is a motion and...
Commissioner Plummer: Well, if there's not a second, I'll pull it.
Vice Mayor Regalado: No, no. Commissioner Hernandez?
Commissioner Plummer: You can add any name later you want.
Commissioner Gort: My understanding is, that Steve Owens was to be added to that list.
Commissioner Plummer: OK, Mr. Steve Owens, and you'll supply the address, phone number...
Commissioner Gort: Yes.
Commissioner Plummer: ... social security, date of birth...
Commissioner Gort: The whole works.
Commissioner Plummer: OK, are you seconding the item now? I so move.
' ;:Vice Mayor Regalado: OK._ There is a motion, there is a second by Commissioner Gort. All in
favor say "aye."
The Commission (Collectively): Aye.
Vice Mayor Regalado: OK.
[Mayor Carollo, although absent at time of voting would like to recorded as being in agreement].
71 March 27, 1997
F -1
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-207
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
MEMORANDUM OF UNDERSTANDING (MEMORANDUM), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND
A BLUE RIBBON TASK FORCE (TASK FORCE) ESTABLISHED FOR THE
PURPOSE OF ASSISTING THE CITY OF MIAMI IN DEVELOPING
RECOMMENDATIONS AND PLANS TO IMPROVE THE BUSINESS PRACTICES
OF THE CITY'S GOVERNMENT; FURTHER AUTHORIZING THE CITY
MANAGER TO PROVIDE FOR IMPLEMENTATION EXPENDITURES, IN AN
AMOUNT NOT TO EXCEED $300,000 ANNUALLY, AND FURTHER, TO
INDEMNIFY THE TASK FORCE AGAINST ANY DAMAGE OR EXPENSE THAT
MAY RESULT FROM ANY THIRD PARTY CLAIM RELATING TO THIS PROJECT
OR ANY USE BY THE CITY OF THE WORK PRODUCT, AND AS MORE
SPECIFICALLY SET FORTH IN THE MEMORANDUM.
(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
NAYS: None.
ABSENT: Mayor Joe Carollo
----------------------------------------------------------------------------------------------------------------
22. ESTABLISH MINIMUM SALES PRICE FOR EXHIBIT A PROPERTIES --
FURTHER DIRECT ADMINISTRATION TO GIVE PREFERENCE TO
HIRING APPRAISERS LOCATED WITHIN CITY LIMITS.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: The next one is from the administration. I so move, but I want to
discuss that.
Vice Mayor Regalado: OK, there is a motion by Commissioner Plummer.
Commissioner Plummer: Is there a second? OK...
Vice Mayor Regalado: Second by Commissioner Hernandez.
Commissioner Plummer: I would feel more comfortable with a list of what appraisers are going
to be used, giving first and foremost preference to City -owned businesses. I would assume
72 March 27, 1997
they're going to bid on these appraisals and I guess that would be it for right now. One of them
that I am... Mr. Weeks? I spoke to the City Manager about... no, it's here. OK, it's now on the
list. The old cable building on 7th Street. That one ought to be sold easy. I so move, Mr. Vice
Mayor.
Vice Mayor Regalado: OK, there is a motion and second by Commissioner Hernandez. All in
favor say "aye."
The Commission (Collectively): Aye.
[Mayor Carollo, although absent during the voting, wanted to noted for the record as being in
agreement.]
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-208
A RESOLUTION WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER
TO ESTABLISH THE MINIMUM SALES PRICE FOR THE REAL PROPERTIES
LISTED IN EXHIBIT "A" TAKING INTO CONSIDERATION THE APPRAISED
VALUE OF THE PROPERTIES AS ESTABLISHED BY THE RESULTS OF TWO
INDEPENDENT APPRAISALS AND THE ASSESSED VALUE OF THE
PROPERTIES AS DETERMINED BY THE COUNTY PROPERTY APPRAISER.
(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
NAYS: None.
ABSENT: Mayor Joe Carollo
Ms. Dena Bianchino (Director, Asset Management/Dept. of Community Planning and
Revitalization): Commissioner Plummer, I just wanted... We certainly can give you a list of
appraisers to be used and make sure we try to use people in the City. But, it's important to note
that some of these appraisals are complete already, and when I supply you...
Commissioner Plummer: Who authorized them?
Ms. Bianchino: They're under forty-five hundred dollars ($4,500) and they were conducted
previously to my arrival.
Commissioner Plummer: OK, Dena, I like to do business with home folks. They pay the taxes
that keep this City running. OK?
73 March 27, 1997
L
Ms. Bianchino: I hear you.
Commissioner Plummer: Keep that in mind at all times. First and foremost. And, let me tell
you and remind you, it's caused me a lot of heat in some areas in this City sometimes, by people
who are outside who choose not to pay taxes in the City.
Ms. Bianchino: No problem.
NOTE FOR THE RECORD: At 11:32 a.m., Mayor Carollo entered
the City Commission meeting.
----------------------------------------------------------------------------------------------------------------
23. APPROVE WITH CONDITIONS REQUEST OF MARCH OF DIMES TO USE
GLASS HOUSE IN PEACOCK PARK -- FOR ANNUAL WALKAMERICA
WALK-A-THON SCHEDULED FOR APRIL 5, 1997.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Regalado: We're going to go with the appointments now.
Commissioner Plummer: Oh, my God, what is this one now?
Commissioner Gort: And I understand that staff is going to have a little problem with this one.
This, uh - on March 27, 1997... the discussion of the March of Dimes to use the Glass House
located in Peacock Park for the third annual "Walkathon." For their annual, which I think is the
14th or 15th walkathon to start April 5th.
Ms. Ellie Haydock (NET Administrator/Coconut Gorve, N.E.): Commissioner Gort.
Commissioner Gort: Yes.
Ms. Haydock: I was surprised to hear that they had gone to you to request, because no one has
asked my office or Albert Ruder in Parks Department. Last year the March of Dimes didn't use
the office. In the year before they did and they had to hire a police officer because the year
before that there was a lot of problems with the equipment, the computers, the phones, the files.
So, when they didn't ask this year, I thought great because it would really be a hardship in our
office with all our deposits, our invoices, our police files. We have a great deal of stuff in there
that's out in the open. So, we could try to work out something or...
Commissioner Gort: What I would like if possible, you set the conditions how they can use it.
Whatever security you need, whatever you need and at the same time, if they need to put a
deposit in case...
Commissioner Plummer: Can I, Mr. Gort?
Commissioner Gort: Yes.
Commissioner Plummer: Mr. Gort, can I offer a possible... an alternative?
Commissioner Gort: Sure.
74 March 27, 1997
L
Commissioner Plummer: In the past, they have used the front of City Hall because it was out of
the beat of traffic. They had no problem there and they just open up this vestibule out here and
used it for the same purpose. Now, that...
Commissioner Gort: My understanding J.L., they've got all the equipment set up at Peacock
Park and they need to he close to Peacock Park, that's why they've changed the...
Commissioner Plummer: Well...
Commissioner Gort: but I understand your problem and I think we should ask them to call you
and it would be subject to you putting the conditions, OK? That you're comfortable with.
Ms. Haydock: Sure, yeah. We have fees.
Commissioner Gort: And make sure you let them know, and I will let them know the problem
that you had in the past.
Mr. Albert Ruder (Director of Parks & Recreation Dept.): The fee would be for... they're a
non -City organization, it would be thirty-five dollars ($35) per hour to use the building. They
have already... we've already billed them for the use of the parks and everything and they're also
renting some equipment which we've billed them for also. But, for the building itself, that's
what it would be.
Commissioner Gort: Right, right. But make sure you also attach the conditions. If they need to
have a policeman there, have a policeman there.
Mr. Ruder: Yeah, -we'll work with Ellie on it.
Commissioner Gort: OK, thank you.
Commissioner Plummer: I have a request.
Commissioner Gort: Move it.
Commissioner Plummer: OK.
Commissioner Gort: With the conditions.
Commissioner Plummer: Second.
Vice Mayor Regalado: OK, there is a motion by Commissioner Gort, second by Commissioner
Plummer. All in favor say "aye."
The Commission (Collectively): Aye.
75 March 27, 1997
L
F
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-209
A RESOLUTION RELATED TO THE 1997 MARCH OF DIMES WALK AMERICA
EVENT TO BE CONDUCTED BY THE MARCH OF DIMES BIRTH DEFECTS
FOUNDATION ON APRIL 5, 1997; AUTHORIZING THE USE OF THE GLASS
HOUSE, LOCATED IN COCONUT GROVE'S PEACOCK PARK, FOR THE EVENT,
CONDITIONED UPON THE ORGANIZERS: (1) PAYING A FEE OF $35.00 PER
HOUR FOR USE OF THE FACILITY PLUS ALL OTHER NECESSARY COST OF
CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (2)
OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE; AND (3)
COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
----------------------------------------------------------------------------------------------------------
24. DISCUSS REQUEST FOR FEE WAIVER FOR S.A.B.E.R.,INC. -- AGREE TO
FIND FACILITY TO CONDUCT PRE -EMPLOYMENT TRAINING
SESSIONS.
Commissioner Plummer: I have a request Mr. Manager from S.A.B.E.R., a CBO (Community
Based Organization) of the City and it's referenced to pre -employment skills training. They
would like to be considered the use of ARTIME, June 16th to June 20th, four days from 8:30
a.m. to 12:30 p.m. I would move that all fees be waived for that purpose.
Commissioner Gort: Who?
Commissioner Plummer: This is for the training of pre -employment skills, part of the wages and
the City. Huh? You mean the facility is not available? Well, would you check. If it is
available, let's put it that way. If it is available, I move that it be granted for those dates as
requested.
Mr. Aaron Weeks (Chief-of-Staft): Commissioner, you also asked for a request for a waiver of
fees. The administration has taken the stance per the recovery plan that we do not waive fees.
76 March 27, 1997
L
Commissioner Plummer: So, in other words, to a training organization that's going to be
training...
Vice Mayor Regalado: Woah, woah! But, if they don't do it there, they're going to go probably
to Hialeah or to Westchester. I mean, this is a service that we're going to provide.
Commissioner Plummer: This is... You're talking about 188 kids that are going to be put to
work that need to have a pre -training course prior to going into that program. And, whether it's
waiving tees or whatever it is to make the facility available for them to have some place to train
these kids doesn't sound like to me we're the uttermost of cooperation.
Vice Mayor Regalado: I second the motion to waive fees.
Commissioner Plummer: Well, let's don't put it this way. Let's don't use that terminology.
Vice Mayor Regalado: Well, well let's give him...
Commissioner Plummer: Let's use the terminology that this facility become available.
Vice Mayor Regalado: Let's... this is a community center and this is a community event. So,
how come we're going to charge?
Mr. Weeks: Commissioner, we have worked with organizations and have allowed them to have
very worthwhile events without waiving fees. I believe we can work this organization also. But
we do not want to continue the precedent of waiving fees. We believe the event can go forward
if the facility is available without waiving the fees.
Commissioner Plummer: Fine. Excuse me. If that facility is not available and you've got a
facility that you can use for 188 young people of this community to be trained, maybe some
other facility might be available. But, I am saying to you that, God knows I'm over there at the
consortium busting my bazookas for... trying to get slots for kids for work in this program. And,
I got the City 400 and something slots. I think we should be out there doing everything we can
to try to facilitate this matter.
Mr. Weeks: We agree, Commissioner.
Commissioner Gort: Mr. Vice Mayor, my last one. Mr. Mayor, I'm sorry. You're back...
Vice Mayor Regalado: OK.
Commissioner Gort: This is concerning the Cuban Municipality affair.
Mr. Walter J. Foeman (City Clerk): Excuse me, are we going to take a vote on it?
Vice Mayor Regalado: We need to take a vote on this.
Commissioner Plummer: I so move.
Commissioner Hernandez: I second.
Vice Mayor Regalado: OK, there's a motion by Commissioner Plummer, second by
Commissioner Hernandez. All in favor say "aye."
77 March 27, 1997
i
I
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-210
A MOTION GRANTING REQUEST RECEIVED BY S.A.B.E.R., INC.; A
COMMUNITY BASED ORGANIZATION TO FIND A FACILITY WHERE SAID
GROUP CAN CONDUCT A PRE -EMPLOYMENT SKILLS TRAINING SESSION;
FURTHER WAIVING THE FEE FOR USE OF MANUEL ARTIME CENTER, IF
SAID FACILITY IS AVAILABLE.
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.
-------------------------------------------------------------------
25. APPROVE WITH CONDITIONS REQUEST TO HOLD CUBAN
MUNICIPALITIES FAIR EVENT SECHEDULED FOR APRIL 3 - JUNE 6,
1997, ON FLAGLER DOG TRACK.
Commissioner Gort: This will be authorizing the Cuban Municipality Fair on April 3, and 6th of
1997 on the grounds of Flagler Dog Tracks. Will not be considered as is one of the two
temporary special events permitted per site per year.
Commissioner Plummer: Second.
Mayor Carollo: There is a motion, there is a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Commissioner Plummer: It has been done for years and years and years.
78 March 27, 1997
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-211
A RESOLUTION RELATED TO THE CUBAN MUNICIPALITIES FAIR TO BE
CONDUCTED BY THE CUBAN MUNICIPALITIES FAIR CORPORATION ON
APRIL 3-6, 1997, ON THE GROUNDS OF THE FLAGLER DOG TRACK,
AUTHORIZING THAT SAID FAIR SHALL NOT BE CONSIDERED AS ONE OF
THE TWO TEMPORARY SPECIAL EVENTS PERMITTED PER SITE PER YEAR,
PURSUANT TO SECTION 906.9 OF ORDINANCE NO. 11000, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED;
CONDITIONING SAID AUTHORIZATION HEREIN UPON THE ORGANIZERS
PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND APPLICABLE
FEES ASSOCIATED WITH SAID EVENT AND OBTAINING INSURANCE TO
PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY
MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
----------------------------------------------------------------------------------------------------------------
26. APPROVE ESTABLISHING INVESTMENT POLICY FOR CITY RELATED
TO PUBLIC FUNDS.
Commissioner Plummer: Are we going to do the appointments now or after lunch?
Commissioner Gort: There's a resolution from the Manager's office that's accepting the
investment policy of the City of Miami funds.
Commissioner Plummer: Will you so notify them? Who will notify them?
Mayor Carollo: There's a motion by Commissioner Gort, there's a second by Commissioner
Hernandez. All in favor signify by saying "aye."
Commissioner Plummer: What am I voting on?
Commissioner Gort. It's a resolution adopting an investment policy for the City of Miami funds
how to be invested and where not to invest.
79 March 27, 1997
L
Commissioner Plummer: OK.
Mayor Carollo: It's unanimous.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-212
A RESOLUTION WITH ATTACHMENT, APPROVING THE ESTABLISHMENT OF
AN INVESTMENT POLICY FOR THE CITY OF MIAMI, FLORIDA, RELATING TO
THE INVESTMENT OF PUBLIC FUNDS, THEREBY PROVIDING FOR AN
INVESTMENT OBJECTIVE, PERFORMANCE MEASURES, PRUDENT AND
ETHICAL; STANDARDS, PORTFOLIO COMPOSITION REPORTING
REQUIREMENTS, AND OTHER STIPULATIONS AS CONTAINED THEREIN.
(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. DISCUSS / DEFER APPOINTMENTS TO PLANNING ADVISORY BOARD --
FURTHER ADVISE CITY CLERK TO READVERTISE SAME -- SEE LABEL
53.
Mayor Carollo: All right...
Vice Mayor Regalado: You want to do the appointments now, Mr. Mayor?
Mayor Carollo: The only one that I would... really need is for us to make some appointment to
the Planning Board. Jack needs to have a quorum. I have two appointments, I believe.
Commissioner Plummer: What item is that?
Mr. Jack Luft (Director, Community Planning and Revitalization): Six.
Mr. Walter J. Foeman (City Clerk): It's number six.
Commissioner Plummer: Huh.
80 March 27, 1997
Mayor Carollo: On the two that I have I'm going to name Tessi Garcia as one of them.
Commissioner Plummer: That's item six, I've got to put the old work horse, Doris Scheer and
the other one will stay vacant.
Commissioner Gort: I'd like to keep my... the one that I have now. I need to readvertise. They
didn't file in the... The person that I want to appoint is not on the list he will have to bring out
the...
Mr. Foeman: OK, you can instruct me to go back out and readvertise.
Commissioner Gort: Yes, that's what I'm doing.
Mr. Foeman: I'm not sure who... Who do you? Do you know who it is, oh, OK.
Commissioner Gort: He's not on the list.
Mr. Foeman: I need a motion instructing me to go back out.
Mayor Carollo: OK.
Commissioner Hernandez: I've got one left there. I'm putting in formal member Eladio Jose
Armesto.
Vice Mayor Regalado: Mine will be deferred.
Commissioner Plummer: I move to abolish the board.
Mayor Carollo: Jack, I, you know, I'm going to defer this item for next meeting.
Commissioner Plummer: Which item Mr. Mayor.
Mayor Carollo: The Planning Board.
Mr. Luft: OK, to... If I may? We have an April 16th Planning Advisory Board meeting that is
crucial to moving forward the rezoning of public properties that we are trying to sell.
Mayor Carollo: OK, hold on for a minute. Yeah. Let's take them up one at a time.
Mr. Luft: So, April 16th will be fine.
Mayor Carollo: Yeah, let's take them up one at a time and we'll bring it back this afternoon,
OK?
Mr. Luft: Fine. Good.
Mayor Carollo: OK, thank you.
81 March 27, 1997
L
------------------------------- ---------------------------------------------------------------------------------
28. (A) DIRECT ADMINISTRATION TO COORDINATE ALL AGENDA
ITEMS WITH MAYOR'S OFFICE.
(B) DISCUSS / CONTINUE AGENDA ITEMS PZ-18 THROUGH PZ-27,
EXCEPT PZ-22 TO FUTURE COMMISSION MEETING.
(C) AGREE TO DEFER AT 6 P.M. CONSIDERATION OF AGENDA
ITEM PZ28 (APPEAL OF ZONING BOARD DECISION -- LAZARO
& MARIA ALBO).
(D) DIRECT ADMINISTRATION TO NOTIFY ROADS HOMEOWNERS
ASSOCIATION OF DEFERRAL OF AGENDA ITEM 31 (ST. HUGH
OAKS VILLAGE ASSOCIATION MEETING) -- SEE LABEL 37.
-------------------------------------------------------------------------------------------------------
Commissioner Plummer: Are we going to take up any now?
Commissioner Gort: No.
Mayor Carollo: No.
Commissioner Plummer: I don't care. I mean, it's...
Mayor Carollo: Let's come back and do it...
Commissioner Plummer: There's no rush. Huh?
Mayor Carollo: Yeah. That's the only one that he� had a problem with. OK. All right, what
time?
Vice Mayor Regalado: Three.
Commissioner Gort: Two.
Commissioner Plummer: It's immaterial to me. I... We all have an obligation now for this
evening. And, I don't mind three, I don't mind two as long as we can get through what we've
got to do to get out as quickly as possible.
Mayor Carollo: Well, I suggest we try to get maybe around two thirty so that...
Commissioner Plummer: "Mas o menos." "Mas o menos."
Mayor Carollo: Yeah.
Commissioner Hernandez: We're going to have to deter the item that's to be taken after six
o'clock. There is only one item.
Mayor Carollo: Yeah, we have to notify people that's going to be deferred because...
Commissioner Hernandez: The whole Homeowners Association is going to be down here. The
Roads. The last item is item 19.
Mayor Carollo: There's.an item, the last...
82 March 27, 1997
Commissioner Plummer: Well, all right, then may I suggest?
Vice Mayor Regalado: That's, that's... But that's the one that you want to come back in a
month.
Commissioner Plummer: Well, you've also got a problem on the items... If you look at the... I
don't know where they come up with these damn time schedules. But, if you look at this, item
18 through 27, is after five o'clock.
Mayor Carollo: Yeah, Aaron we need for the Manager's office to coordinate the items that are
going to be placed on the agenda with my office.
Commissioner Plummer: Excuse me. The Charter says that you are the final authority on any
agenda.
Mayor Carollo: I understand Commissioner, and I'm trying to say to them in a nice way because
it's not the first time, I've let the administration know that. And what is happening here is that
there is no coordination being done on the items. We're being thrown many more items that we
should be handling in one meeting and it's costing us to have to stay here a lot more hours and to
rush through some items a lot quicker than we really should. So, I, you know, I don't want to
make it any clearer than what Commissioner Plummer has stated, but I want that to be done
through my office. Charlene Watkins will be the point person on that. Arlene Debenigno is
Chief -of -Staff, you can coordinate everything through her.
Mr. Weeks: Will do, Commissioner.
Commissioner Plummer: Mr. Mayor, of the items from 18; which} are five o'clock items, to item
27, with one exception are all in-house. That one exception is in fact, item 22.
Mayor Carollo: Yeah, unfortunately, we still have to wait until five to deal with it.
Commissioner Plummer: No, no, no. I understand that. What I'm saying is, that we can defer
right now the five o'clock items or continue items 17 through 27 with the exception of 22, right
now.
Mayor Carollo: Well, if they are housekeeping items, I'm just wondering how quickly we might
be able to do them.
Commissioner Plummer: OK, Joe...
Mayor Carollo: Well...
Commissioner Plummer: ... the only reason I'm doing that, a lot of people who are going to
appear watch television.
Mayor Carollo: They're not housekeeping so let's defer them then.
Commissioner Hernandez: Yeah.
Commissioner Plummer: OK, so I would move at this time that item 17, are you listening Mr.
City Attorney? I want to make sure that I'm...
Mr. Weeks: I think with the Planning and Zoning items that are scheduled for five o'clock you
have to wait until five o'clock in order to be able to defer those items.
83 March 27, 1997
Commissioner Plummer: Excuse me. Mr. Weeks, what I am trying to do, that many people who
would be appearing here watch cable during the daytime would have advance notice that it is the
intent of the City, let me make that motion.
Mayor Carollo: Yeah. Commissioner Plummer understands. He just wants to make let them
know ahead of time that it's going to defer.
Commissioner Plummer: I will make a motion now that it is the intent of this City Commission
at five o'clock to continue item 18 through 27 with the exception of 22. I so move.
Mayor Carollo: OK, there is a motion.
Commissioner Hernandez: Second.
Mayor Carollo: There is a second by Commissioner Hernandez. All in favor signify by saying
"aye."
The Commission (Collectively): Aye.
Mayor Carollo: It's unanimous.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-213
h. A MOTION STATING THAT IT IS THE INTENT OF THE CITY COMMISSION AT
5 P.M. TO CONTINUE ITEMS PZ-18 THROUGH PZ-27, EXCEPT PZ-22 TO A
FUTURE CITY COMMISSION MEETING.
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.
Commissioner Plummer: I now make a motion that it is the intent of this Commission to at six
o'clock to defer item 28 until a further meeting. Is that what you want to do?
Mayor Carollo: That's correct.
Commissioner Plummer: OK. I'll make the motion. God, we are going to get our heads
chopped off. Which one?
Mayor Carollo: All in favor signify by saying "aye."
The Commission (Collectively): Aye.
84 March 27, 1997
F -1
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-214
A MOTION STATING THAT IT IS THE INTENT OF THE CITY COMMISSION AT
6 P.M. ON THIS SAME DATE TO CONTINUE AGENDA ITEM PZ-28 TO A
FUTURE COMMISSION MEETING.
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.
Commissioner Plummer: Which one? I'm asked by the City Attorney on item 31, of the regular
agenda. The Saint Hughes Oakes. Are we going to deal with that today, or not?
Mayor Carollo: We cannot deal with it until five p.m.
Commissioner Plummer: It is our intent at five to defer it?
Mayor Carollo: That's one that we really need to do something one briefly.
Commissioner Plummer: Then, the intent is not to defer.
Mayor Carollo: Yeah.
Commissioner Plummer: OK, I'm just asking for the record that's all. OK, see you all at two
thirty.
Mayor Carollo: Can you notify the Neighborhood Association of the Roads, if you could try to
contact someone there and let them know what our intentions are. That because of commitments
the Commission has tonight, that we are going to defer all of the items for after six.
Mr. Weeks: Yes, Mr. Mayor.
Mayor Carollo: OK, all right. Thank you. We'll come back at two thirty. Thank you.
(VOTE FOR THE RECORD: The Commission went into a brief
excess at 11:47 a.m. and returned at 2:51 p.m. with all members
of the Commission present except for Commissioner Gort and Mr.
Edward Marques, City Manager present.
85 March 27, 1997
In
----------------------- ----------------------------------------------------------------------------------------
29. BRIEF REPORT BY COMMISSIONER PLUMMER ON LEGISLATIVE
ACTION RELATING TO AD VALOREM TAXATION ISSUE.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: ... to proceed. I would like, at the Mayor's agreement, to make a
report on the legislative action relating to tax exempt property with profit making corporations.
The Tax Reform Commission of the State of Florida, has shied away from any tax issues
whatsoever. They have said to us, us the City of Miami, to go and try with those companies to
get a voluntary contribution. That if in fact, that they refuse that we document all of the cases of
refusal and predicated on that, to go back to the legislature next year. And they felt that if in fact
the greatest majority of the percentage did not volunteer to make a contribution to the City they
would then give serious consideration. I have to tell you that I'm extremely disappointed. For
the life of me I cannot understand why they would have any qualms about making companies
pay taxes, ad valorem taxes, that are profit making corporations. It seems like to me it should
only natural that they should not have those kinds of exemptions. But, they chose and said they
would not this year. Again, I am very disappointed, but we have to live with what is ordained by
big brother in Tallahassee. So, I'm just making that report on the record. I would... Mr. Mayor,
through this Commission office will start through the pilot program which started initial to this
program to start inviting some of the profit making corporations in this City to a meeting to ask
for voluntary contributions and we will relive and re -energize the pilot program and I will keep
this Commission apprised of such. End of report with a tear.
86 March 27, 1997
MINUTES OF PLANNING AND ZONING MEETING
OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 27th day of March, 1996, the City Commission of Miami, Florida, met at its
regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular
session.
The meeting was called to order at 2:54 p.m. by Mayor Joe Carollo with the following
members of the Commission found to be present:
ALSO PRESENT:
ABSENT:
Mayor Joe Carollo
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
A. Quinn Jones, III, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
Vice Mayor Wifredo Gort
Edward Marquez, City Manager
----------------------------------------------------------------------------------------------------------------
30. DISCUSS / CONTINUE TO MEETING OF MAY 22, 1997 CONSIDERATION
OF PZ1 (APPEAL OF ZONING BOARD DECISION WHICH DENIED
VARIANCE TO PERMIT STRUCTURE WITH SIDE SETBACK OF 2.75' FOR
EXISTING ADDITION TO SINGLE FAMILY HOME -- APPLICANT:
MARTHA VALVERDE -- LOCATION: 1746 S.W.11 STREET).
Commissioner Plummer: You want to go?
Mayor Carollo: We can go into a quorum now. (Phonetic)
Commissioner Plummer: Yeah, go into zoning.
L
87 March 27, 1997
Mayor Carollo: We are now in PZ-1 of the afternoon session.
Commissioner Plummer: Yeah, I know, she knows. (phonetic)
Ms. Lourdes Slazyk (Deputy Director, Community Planning and Revitalization):: Good
afternoon, for the record my name is Lourdes Slazyk, Department of Community Planning and
Revitalization. PZ-1 is a continuance of an appeal of a variance that was denied by the Zoning
Board. This is the item that we had a site visit... It's at 1746 Southwest 11th Street. At the visit,
it was determined... you know, we saw the area of the building that was built without a building
permit and the owners of the property were going to go get a engineering report to certify that it
was built pursuant to the South Florida Building Code and I believe they want a continuance
today on the case in order to get that report which...
Commissioner Plummer: So moved.
Commissioner Hernandez: Second.
Mayor Carollo: There's a motion...
Commissioner Plummer: Continue.
Mayor Carollo: ... by Commissioner Plummer, second by Commissioner Hernandez. All those
in...
Commissioner Plummer: To a date certain and that will be in May. May the 22nd.
Ms. Slazyk: I believe that some of the neighbors might have a problem with that.
Commissioner Plummer: Oh, I am sorry, were the neighbors here?
Ms. Jacqueline Echagarria: Yes, I am here.
Commissioner Plummer: I am sorry.
Ms. Echagarria: Hello, my name is Jacqueline Echagarria. I am from Shenandoah
Neighborhood Association. First of all, I'd like to thank the Commission and the Mayor for
coming out on Monday. I'd like to thank the neighbors for allowing us to visit their property.
We do not agree with the deferral of this because this... the history of this case. This has been
going on since 1995 and it is only up to now 'till the last couple of days that the defendants have
moved to bring this property into compliance. The issue here is that it's code enforcement.
There is a property that's been built without the proper... you know, without any respect to the
codes. Unfortunately, the City of Miami in the past has had a lot of problems with enforcement
of the codes. We have the laws in the book, we need to enforce them and we need to be very
strict about them. And, that's what we're asking for. Right now you are in a fork and the road,
you can go either way. You can go as business as usual as in the past that we have granted
variances, special exceptions and our neighborhood is deteriorating because of these things. We
have spot zoning in areas, we have grandfathered a lot of things that shouldn't be in this area.
You can say this is a new beginning for the City of Miami, we're going to stand firm and we're
going to go ahead and say no more. We're going to adhere to these codes strictly as other cities
do. You know, when you go ahead and vote on this you're going to send a message to myself
and to all of the people in this association that are working tirelessly, endlessly to renovate, to go
ahead and restore and revitalize this area. We are the minority but we are here and we're trying
to do something good in these neighborhoods. This is an unpopular and hard decision but I'll
tell you, I am in an unpopular sit4ation right now because when you leave tonight you'll go to
88 March 27, 1997
your neighborhoods. I have to go to my neighborhood and they are my neighbors. I have
nothing against these individuals. I feel sorry for the predicament that they are in, but the Codes
were not followed. And, right now...
Ms. Cindy Ruiz: Well, if I could interrupt. The letter that...
[At this point, 2:56 p.m., Commissioner Gort entered the City Commission meeting.]
Commissioner Plummer: No excuse me. I'm sorry.
Ms. Ruiz: Oh, I'm sorry.
Ms. Echagarria: You know, right now this is a costly thing that they are going to have to do but
in the future, if you don't do this now, that neighborhood will deteriorate to a point where your
property is not going to be worth what you paid for it. The only... In conclusion I ask of you
two things, commitment to our organization and to people who are working in these
neighborhoods. OK, we have not abandoned the City of Miami. We're here and we're putting
money into it. And, another thing, consistency. We really need to get strict about these codes. I
thank you.
Mayor Carollo: Hold on for a minute please? What is staff recommending?
Mr. Joel Maxwell (Deputy City Attorney): Mr. Mayor, if you're going to go into the item, I
suggest you swear in the parties.
Commissioner Hernandez: No, on the continuance.
Mayor Carollo: I'm asking staff.
Mr. Jones: On the continuance? Yes, OK.
Ms. Slazyk: The original recommendation was for denial because there is no hardship. The
variance has six hardship questions and they were not... they didn't follow them.
Mayor Carollo: OK, but what are you recommending today.
Ms. Slazyk: Well, the recommendation is still for denial. Now, what I understood from the visit
we had on the site there is a whole bunch of things that they were going to demolish and they
have building permits issued and in process for demolitions of the...
Ms. Ruiz: Yes, we do have the permits for... we already took them out for the demolition.
Commissioner Plummer: Woo, woo, woo.
Ms. Slazyk: For demolitions, right. The... I think from the site visit what we saw was that the
property as far as what it looks like from the street, I would consider the biggest detriment to the
neighborhood was the overpaving of the front yard. If the Commission were to, you know,
consider an approval on the hardship that they have stated in their application, I would ask that
that be conditioned definitely on adding the green space hack to the front yard to make it more
consistent and more appropriate for the neighborhood.
Commissioner Hernandez: Mr. Mayor.
Mayor Carollo: Well...
89 March 27, 1997
F
Commissioner Hernandez: You're hearing the case.
Mayor Carollo: There's a lot more than that there. But, if I may ask the NET (Neighborhood
Enhancement Teams) to come up for the area, because I was there at that site and I understood
that the bulk of what was wrong was going to be corrected and be redone by law. The only thing
in question was just a small addition, I think, if I remember is like five, six feet...
Commissioner Hernandez: Mr. Mayor.
Mayor Carollo: ... and it was following the line of a part of the building that was grandfathered
in.
Mr. Ralph Rodriguez (NET/Neighborhood Enhancement Teams): Yeah, the aluminum
canopies...
Commissioner Hernandez: Mr. Mayor, we can't hear the case.
Mayor Carollo: Huh?
Commissioner Hernandez: He's recommending something...
Mr. Rodriguez: ...they even got a permit to remove those. They got a permit also to remove the
open terrace. Now, they... on that meeting on Monday, they stated they wanted to continue the
variance for a portion that's approximately ten feet which was attached to the enclosure, what
used to be the carport and that's the remaining portion that they were going to go for the
variance.
Mayor Carollo: OK, what is the will of the Commission?
Commissioner Plummer: Well, I think the Commission...
Vice Mayor Regalado: I would move to deny it because we already saw that and...
Commissioner Hernandez: Yeah.
Mayor Carollo: Well, there's a motion on the table right now, Commissioner.
Commissioner Plummer: Well, I'll withdraw my motion. I only made my motion predicated on,
I thought that they were trying to complying with what the Commission had asked for.
Ms. Ruiz: Right, that...
Commissioner Plummer: And, I...
Commissioner Hernandez: Well, Commissioner, my question was... Ralph, are you objecting to
the continuance? That's the question that was asked.
Mr. Rodriguez: No.
Commissioner Hernandez: Do you object, does the staff object to a continuance?
Mr. Rodriguez:' It's... The recommendation is from the Planning Department. I don't have any
objection if it's the will of the Commission, they want to continue, they want to hear, it would be
up to the Commission.
90 March 27, 1997
F
Mayor Carollo: Well, my question is, what harm is there if we continue it and they correct
whatever there is that needs correcting.
Mr. Rodriguez: They, in... by correcting it means demolishing the entire enclosure including the
addition that they... what they want to go to variance for, they don't need to come back in front
of you. All they have to do is amend the plans they got instead... removing the aluminum
canopy, the open terrace and at the same time that addition in the back, which I believe is a
bathroom or a kitchen, that also has to be set back five feet.
Commissioner Hernandez: So, there's a possibility that they can comply, if they continue this
matter right now.
Mr. Rodriguez: Yeah, but I think they don't want to demolish that portion, they want to continue
with the variance for that.
Ms. Ruiz: Excuse me. OK, from what I understood.
Commissioner Plummer: Ma'am, you can't speak unless you've been sworn in.
Mayor Carollo: Yes.
Commissioner Plummer: And that... we can only speak to the continuance at this point. Now,
I'll withdraw my motion.
Commissioner Hernandez: Well, we could either here it...
Ms. Ruiz: Can I get sworn in?
Commissioner Hernandez: ... or continue it. So, we have to make a decision that's the bottom
line.
Ms. Ruiz: Excuse me, can I get sworn in?
Mr. Rodriguez: It's, it's... If, may I for a second? One of the reasons why the structural
engineer report was requested is because the way the open terrace was built. It didn't meet the
standards, code standards and I had questions in regards if they go for a variance for this addition
and if the variance is granted and still they may have to demolish because once they come in for
a building permit it would not meet building code, the way it was built.
Commissioner Plummer: So, what you're saying is, that even if we give them the continuance
now, you don't feel they can comply?
Mr. Rodriguez: I mean, unless we get a structural engineer report saying that the structure is
sound and for the way the construction is done we may not be a good report.
Ms. Ruiz: Can I get sworn in?
Vice Mayor Regalado: Yes, one second. Rafael, they agree and Lourdes, they agreed to do
certain things, OK, while they... what do they want now, the pavement of the front area, that's all
they want?
Mr. Rodriguez: What they want now, is behind the carport there is a portion that was done with
permit, that's enclosure into the setbacks. It was...
91 March 27, 1997
L
Ms. Slazyk: It was done without a permit.
Mr. Rodriguez: It was done without a permit.
Vice Mayor Regalado: But they agreed. They agreed that they would move that inside, that
what they agreed.
Ms. Ruiz: Can I?
Vice Mayor Regalado: Wait a minute. Wait a minute.
Mr. Rodriguez: That was the open carport. I believe they got the plans here. If we get the plans
open it will be easy to explain, if you see the plans.
Commissioner Plummer: Well, again, I have the question simply to say, if we give them the
continuance my understanding of what you're saying is, that structurally there is no way that
they can comply?
Mr. Rodriguez: I'm not an engineer, that's why I suggested it be good if we can get an
engineer's report.
Commissioner Plummer: I'm not an engineer.
Ms. Ruiz: That's what the continuance was supposed to be, to bring the letter from the engineer.
That's why we're asking the continuance.
Commissioner Plummer: What do you want to do? Let's get off the nickel.
Commissioner Plummer: I'm willing to wait until the next meeting. I fully aware I'm heading
towards... They're going to have to fetch everything they have. The only thing, I might leave an
open mind, and I don't see how they're going to be able to do it, is on that little addition that
five, six feet, in the side room...
Mr. Rodriguez: May I approach?
Mayor Carollo: Yeah. But, basically from what I remembered that we discussed, the beams that
they have are the wrong ones. So, they are going to have to take the roof off anyway.
Ms. Ruiz: And put the right ones.
Ms. Slazyk: Yeah, and if they take that down and have to put it back up, then they can comply
with the setback. So, there is only a piece of the structure of the main house that they still want
the variance for. And that, I guess was the reason for the continuance. Let's see what that report
says. It could be that they don't need some of these...
Mayor Carollo: Yeah. And, of course if we would approve that. If we were to approve that
minor request they're making after they would fix all the others, that means they would have to
offer something in return and that something would have to be... They are going to take the bulk
of that cement they have in the front out.
Ms. Slazyk: Yes, and...
Mayor Carollo: And, frankly we should have inspectors there because it's obvious that was all
done illegal in the past anyway.
92 March 27, 1997
Commissioner Plummer: What do you want to do?
Mayor Carollo: I didn't... We have too much today, J.L. We have to move on. I'd rather deter
it. Do you have a motion and a second?
Commissioner Plummer: I made a motion to continue to May the 22nd.
Mayor Carollo: Yeah, after five, that will be tine.
Commissioner Plummer: That's fine.
Mayor Carollo: Sure.
Ms. Echagarria: Yeah, thank you.
Ms. Slazyk: After five?
Mayor Carollo: Yeah, after five.
Commissioner Plummer: And just... Yeah, after five. And for the record. We do not grant
grandfathers. Grandfathers are a matter of right.
Ms. Echagarria: Well, you know what I mean. Every time I have complained about something...
Commissioner Plummer: We got grandmothers, but no grandfathers.
Ms. Echagarria: ... it's been grandfathered in.
Commissioner Plummer: OK. No, well, that's something beyond our control.
Ms. Echagarria: So, that's what I meant.
Commissioner Plummer: And, I'm glad that you all are active.
----------------------------------------------------------------------------------------------------------------
31. COMMENTS BY MAYOR CAROLLO REGARDING DELAY IN
EXECUTION OF DOCUMENTS FOR PURPOSE OF CONVEYING AND
LEGALLY DESCRIBED AS MIAMI ARENA SUBDIVISION AND
ASSIGNING CITY'S INTEREST IN THE MIAMI ARENA LAND LEASE
AGREEMENT TO THE CITY OF MIAMI.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Before we go into one other area that's of prime importance, here. I just
received a call from Miriam Maer our attorney and after we met this morning as the CRA
(Community Redevelopment Agency), and it was made extremely clear what the CRA Board,
that's us, wanted to do with the property that was transferred hack to the City, I am told now that
the attorney's for Holland Knight will not finish that transaction because Mr. Herb Bailey has
told him he is not going to sign. Now, if I may ask the City Attorney, Quinn Jones, to call
Holland Knight and find out exactly what's going on, because if Mr. Bailey is taking actions that
he is not authorized to do, I will be happy to call a special meeting tomorrow and I'm sure Mr.
tiernandez will too, of the CRA. We will meet and we will discuss the replacement of Mr.
Bailey. -
93 March 27, 1997
L
Commissioner Plummer: Well, Mr. Mayor, may I suggest since we're going to be here until
five, at least that his appearance be requested immediately?
Mayor Carollo: Well...
Commissioner Plummer: And then we don't have to meet tomorrow because we can just go on
the record, right now.
Mayor Carollo: Well, then I suggest that someone gets him because I'm getting awfully tired of
this.
Commissioner Plummer: Absolutely.
Mayor Carollo: Every time we're making major steps forward to resolve the City's finances,
you seem to have people to be wanting to get in the way and somehow derail us, and they're not
going to.
Commissioner Plummer: Well I would also follow through with your thoughts with the City
Attorney contacting Holland and Knight, immediately and find out what their problem is and
then in fact we will be able to address the entire issue when Mr. Bailey arrives.
Mayor Carollo: Could you do that Mr. Jones? I appreciate it.
Commissioner Plummer: Do you know who in the Holland and Knight firm it was?
Mayor Carollo: No, I don't but...
Mr. A. Quinn Jones, III, Esq. (City Attorney): The guy who was there this morning I assume,
Robert Smith.
Commissioner Plummer: I don't know.
Mr. Jones: You're talking about the counsellor that was here this morning?
Mayor Carollo: Yeah.
Mr. Jones: Robert Smith.
Mayor Carollo: Most likely, yeah. If need be you could call Mr. Shapo too and get additional
information from him.
Mr. Jones: OK.
Mayor Carollo: Thank you.
94 March 27, 1997
----------------------------------------------------------------------------------------------------------------
32. MAYOR CAROLLO RECOGNIZES MODESTO MAIDIQUE & EDWARD T.
FOOTE CO- CHAIRPERSONS OF BLUE RIBBON TASK FORCE TO
REVIEW CITY BUSINESS PRACTICES -- SEE LABEL 21.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Before we proceed, we have two very distinguished citizens here. Mitch
Maidique, the president of Florida International University and Tad Foote the president of the
University of Miami. If they could come up please. Unfortunately, we had a little extra time
this morning, and we got a little bit ahead of you and we approved the contract already, but I
wanted to be able to have you all here and have the Commission thank both of you for the major
task that you've taken upon yourselves. I know you don't have that much time either, but this
has been a time of need for us and we're quite grateful for both of you along with Ira Clark to
have come in to cochair this committee.
Mr. Modesto Maidique: Mr. Mayor, I just wanted to mention that Mr. Clark is right behind us.
He probably will be here in a couple of minutes, but I think that we all, and I'd let president
Foote speak for himself. We are all delighted to be able to assist, you know, the City of Miami.
It's a great City, I think it has a great future and we're delighted to make a small contribution, as
I hope we will, to make it an even better future.
Commissioner Plummer: We're not looking for a small contribution. We're looking for large
contributions.
Mr. Maidique: OK.
Mr. Edward Foote: Mr. Mayor, members of the Commission. We are honored to be asked to do
this work. We'll do our best. I'm very pleased to be working with my friends Mitch and Ira
both wonderful public servants and great people and leaders. And, we'll do our best and I hope
we can be helpful. We'll be talking to you later. Thank you.
Mayor Carollo: Thank you, very much. And, by the way, the vote was as you requested 5-0. I
did to them the same thing that I told Stierheim when they made the same request, and no
problem. You know, and... thank God.
Mr. Foote: But was there a lot of debate Mayor?
Vice Mayor Regalado: Mr. Mayor, I also would like to, on the record, thank president Mike
Maidique because his Communication Department has agreed to help NET 9, and the students of
FIU (Florida International University) will be doing programs in English and in Spanish in NET
9, and they as a matter of fact as part of their classes will be filming producing media programs
about the City of Miami for NET 9, and very soon I will be also knocking on president Foote's
door to get the help of UM (University of Miami). But, your Communication Department
president Maidique has been very helpful and they would, I am sure, give Channel 9 the shot that
it needs.
Mr. Foote: Perfect. Glad, we could be helpful. Thank you.
Commissioner Plummer: And if you fail there, then you'll need Jackson Hospital.
Mayor Carollo: Thank you, very much again.
95 March 27, 1997
----------------------------------------------------------------------------------------------------------------
33. APPROVE OFFICIAL VACATION / CLOSURE OF PUBLIC RIGHT-OF-
WAY -- LOCATION: N.E. BAYSHORE CT BETWEEN N.E. 13 & 14
STREETS / PORTION OF N.E. 14 STREET BETWEEN N. BAYSHORE
DRIVE & N.E. BAYSHORE COURT & SEVERAL EASEMENTS WITHIN
PROPOSED PLAT -- APPLICANT: KNIGHT RIDDER NEWSPAPER, INC.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: PZ-2.
Mr. Carlos Smith (Assistant City Manager/Building and Zoning Dept.): Mr. Mayor.
Mayor Carollo: We're on PZ-2 right now.
Mr. Smith: Mr. Mayor, I have been informed that Mr. Bailey is on his way down.
Mayor Carollo: Very good.
Commissioner Plummer: Good.
Mr. James J. Kay (Deputy Director, Public Works Dept.): Mr. Mayor and members of the
Commission PZ-2 is a continuation of an item at the last P and Z (Planning and Zoning) meeting
regarding the official vacation and closure of Northeast Bayshore Court in conjunction with the
plat of Knight Ridder number one, also included as a closure of Northeast 14th Street in that plat.
I believe the issue at hand was the proposal for a voluntary contribution and that's where it was
left.
Commissioner Gort: She was coming with some information.
Commissioner Plummer: Yeah, she was going to be carrying the mail.
Ms. Lucia Dougherty: Yes, good afternoon Mayor and members of the Commission, I'm sorry.
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Ms. Dougherty: I do.
Commissioner Plummer: Did you pay the lobbyist fee?
Ms. Dougherty: Not yet. But I'm going to be happy to do so. Lucia Dougherty with offices at
1221 Brickell Avenue, here today representing Knight Ridder Enterprises. You graciously
allowed me to take the continuance at the last Commission meeting in order for me to
communicate with my clients to see the kind of proffer that they're making in connection with
this easement vacation. And I'm here to report that they are going to spend one million dollars
($1,000,000) in connection with the relocation of certain utility lines and right-of-way for the
newly relocated Northeast 14th Street. Construct and maintain the newly relocated Northeast
14th Street and grand circle at the intersection of 14th Street and north Bayshore. Plant, install
and maintain trees and install pavers on both sides of Northeast 14th Street and the grand circle
and within the median strip of North Bayshore Drive. In addition to that, we are asking the
96 March 27, 1997
Commission that we could proffer five thousand dollars ($5,000). Twenty-five hundred dollars
(2,500) to the Charles Drew Elementary School and twenty-five hundred dollars ($2,500) to any
other organization that the City would desire.
Mayor Carollo: What is the total amount Lucia, that is being spent.
Ms. Dougherty: One million dollars ($1,000,000) plus five thousand dollars ($5,000)
immediately.
Commissioner Plummer: Yeah, how much?
Ms. Dougherty: One million dollars ($1,000,000) plus five thousand dollars ($5,000) which
would be...
Commissioner Plummer: You're going to contribute one million dollars ($1,000,000)?
Ms. Dougherty: We are doing street improvements in the amount of one million dollars
($1,000,000), yes.
Commissioner Plummer: No, no, no.
Mayor Carollo:
Well...
Commissioner Plummer:
What are you contributing to the fund?
Ms. Dougherty:
We're contributing five thousand dollars ($5,000). Twenty-five hundred dollars
($2,500) to the
Charles Drew Elementary School. Twenty-five hundred dollars ($2,500) to
whatever organization the City Commission would deem appropriate.
Commissioner Plummer: Oh, you're going to contribute it and you're going to tell us what
you're going to contribute it to.
Ms. Dougherty:
We...
Mayor Carollo:
Farm Shares, Inc., right? That's the one you said before?
Ms. Dougherty:
Say it again?
Mayor Carollo:
Farm Shares, Inc.
Ms. Dougherty:
Farm Shares?
Mayor Carollo:
Farm Shares, Inc. is what I think you had mentioned before?
Ms. Dougherty:
Yes, sir.
Mayor Carollo:
OK. Let's...
Commissioner Plummer: What's the other one?
Ms. Dougherty:
Charles Drew Elementary School.
Mayor Carollo:
That's in Overtown.
97 March 27, 1997
L
F
Commissioner Gort: What about Comstock Elementary in Allapattah?
Commissioner Plummer: What about St. Alban's.
Commissioner Gort: What about Comstock Elementary, that way we'd take it to Allapattah.
Mayor Carollo: You guys are getting heavy handed with her. We've got to get some requests
on to the Sports Authority. I think J.L. has a connection there, so that we can include it in the
fundraiser, we're having in the summer. But the one million is a commitment that will be spent.
Ms. Dougherty: That is correct.
Mayor Carollo: Well, it is a significant amount. And again, this is property that the City did not
own. It was easement rights that it had...
Ms. Dougherty: It's right-of-way easement. Correct.
Mayor Carollo: .. which is a major... It's a major difference...
Commissioner Gort: It's going to be back on the tax rolls.
Mayor Carollo: .. in what we were under the impression originally.
Ms. Dougherty: Yes, sir.
Commissioner Gort:- It's going to be back on the tax rolls at the same times. I think Knight
Ridder's Foundation...
Mayor Carollo: yeah
Commissioner Gort: .. has done a lot of contributions in this community, to many worthy
causes.
Mayor Carollo: OK, well... Is there a motion?
Commissioner Gort: I am ready to move it.
Mayor Carollo: There is a motion by Commissioner Gort.
Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Hernandez. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No nays.
Ms. Dougherty: Thank you very much.
Mayor Carollo: Thank you, Lucia.
98 March 27, 1997
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-215
A RESOLUTION WITH ATTACHMENT(S), CLOSING, VACATING,
ABANDONING AND DISCONTINUING A PORTION OF NORTHEAST
BAYSHORE COURT BETWEEN NORTHEAST 13TH AND 14TH STREETS, AND A
PORTION OF NORTHEAST 14TH STREET BETWEEN NORTH BAYSHORE
DRIVE AND NORTHEAST BAYSHORE COURT, AND THE 20-FOOT UTILITY
EASEMENT WITHIN THE PROPOSED PLAT, AS LEGALLY DESCRIBED IN
EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, SAID
ACTION BEING A CONDITION OF APPROVAL OF TENTATIVE PLAT NO. 1500-
A "KNIGHT-RIDDER #111.
(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.
----------------------------------------------------------------------------------------------------------------
34. PZ-3 - APPROVE WITH CONDITIONS VACATION/CLOSURE OF PUBLIC
RIGHT-OF-WAY -- LOCATION: S.W. 8 STREET TO 7 STREET & 42
AVENUE TO 43 AVENUE -- APPLICANT: ANTHONY R. ABRAHAM
CHEVROLET CO. & RAYMOND & DOROTHY BALL TRUST.
Mayor Carollo: We're in...
Commissioner Gort: Anthony Abraham.
Mayor Carollo: Anthony Abraham.
Mr. James J. Kay (Deputy Director, Public Works Dept.): Yes. This is a similar item, PZ-3
dealing with the closure of a ten foot wide alley running east and west.
Commissioner Plummer: Yeah, we've... Don't go through all of that. Swear 'ern in.
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
March 27, 1997
In
Mr. Anthony Blaty: I do.
Mr. Chris Brown: I do.
Commissioner Plummer: Do you have a proffer?
Mr. Blaty: Yes, we do. Would you like Mr. Brown to present it? He's the General Manager.
Commissioner Plummer: I don't care who does, let's move on.
Mr. Blaty: Thank you.
Mr. Brown: We're spending close to one hundred thousand dollars ($100,000) in closing of the
easement.
Commissioner Plummer: Make your proffer?
Mr. Brown: Make my proffer? We have a... I guess a contract with the City of Miami right
now on the repair of automobiles. And, with that business we would like to offer you a ten
percent on top of that. A ten percent discount on the individual repair orders up to the amount of
twenty thousand dollars ($20,000).
Commissioner Plummer: So moved. I negotiate it. Twenty thousand dollars ($20,000) worth
of...
-Commissioner Hernandez: =What is the increase to the City of Miami tax base by you purchasing
this property or taking...
Mr. Blaty: If I recollect...
Commissioner Plummer: It'll be in the square footage.
Commissioner Hernandez: .. in square footage?
Mr. Kay: Excuse me, just a minute. It's a little over 6,000 square feet.
Commissioner Plummer: We took, from a million nine we took five thousand. For less than that
we're taking twenty thousand.
Mayor Carollo: The offer is twenty thousand dollars ($20,000).
Commissioner Plummer: Up to 20.
Mayor Carollo: But that's based on ten percent discount every time we send someone there.
Commissioner Plummer: That's correct.
Commissioner Hernandez: And we get an increase in our tax base...
Commissioner Plummer: Of course.
Commissioner Hernandez: .. whatever it is, I don't know on 6,000 square feet.
100 March 27, 1997
L
Mayor Carollo: You wouldn't want to otter just the twenty thousand without getting the ten
percent discount?
Mr. Brown: No, sir.
Mayor Carollo: Yeah. This might end up costing us more than the ten percent discount,
Plummer.
Vice Mayor Regalado: Mr. Mayor, if I may?
Mr. Blaty: No, it's a contractual agreement that we have with you.
Vice Mayor Regalado: If I may? Ten percent discount is very good, but it depends on the cars
that we send there, right? Is it?
Commissioner Gort: My understanding is the fixed contract that we have...
Commissioner Plummer: It's fixed prices.
Commissioner Gort: .. to go by is fixed prices.
Mr. Blaty: Yeah.
Vice Mayor Regalado: I would ask Anthony Abraham which is a person and an enterprise that
has always been involved in the community, that would consider to donate a small amount, one
thousand, two thousand dollars ($2,000) to the special fund that the City of Miami set up in the
last Commission meeting to help the people that would be impacted in the City of Miami starting
April and August because of the Social Welfare Reform Act. And, I don't know if you can do
that, but I have seen that Mr. Abraham in the past has been very involved in community affairs
and will be very helpful for elderly and children in case...
Commissioner Plummer: I move it as presented subject to a one thousand dollar ($1,00)
donation which I am sure Mr. "A", will have no problem with at all, to this special fund created.
I so move approval.
Vice Mayor Regalado: Second.
Mayor Carollo: There is a motion, there is a second. Hearing no further discussion, all in favor
signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No nays.
101 March 27, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-216
A RESOLUTION WITH ATTACHMENT(S), CLOSING, VACATING,
ABANDONING AND DISCONTINUING THE PUBLIC USE OF A PUBLIC RIGHT-
OF-WAY BEING THE ALLEY RUNNING EAST TO WEST FROM SOUTHWEST
42ND AVENUE TO SOUTHWEST 43RD AVENUE BETWEEN SOUTHWEST 7TH
STREET AND SOUTHWEST 8TH STREET, AS LEGALLY DESCRIBED IN
EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, ZONED C-2
LIBERAL COMMERCIAL AND R-1 SINGLE-FAMILY RESIDENTIAL; SAID
ACTION BEING A CONDITION OF APPROVAL OF TENTATIVE PLAT NO. 1424-
A "ANTHONY ABRAHAM TRACT".
(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.
----------------------------------------------------------------------------------------------------------------
35. PROPOSED FIRST READING ORDINANCE: AMEND ORDINANCE 10544,
FUTURE LAND USE MAP OF COMPREHENSIVE NEIGHBORHOOD
PLAN -- CHANGE LAND USE DESIGNATION OF 2979-89-95 S.W.4
STREET FROM SINGLE FAMILY RESIDENTIAL TO DUPLEX
RESIDENTIAL -- APPLICANT: COMMUNITY PLANNING &
REVITALIZATION.
Mayor Carollo: We're in PZ-4.
Ms. Lourdes Y. Slazyk (Deputy Director CPR/Community Planning and Revitalization Dept.):
Yes, PZ-4 and 5 are companion items. And, if PZ-4 and 5 get passed I would ask that six and
seven be continued.
Commissioner Plummer: Is there any opposition to four?
Commissioner Gort: Move it.
Commissioner Plummer: Second.
102 March 27, 1997
In
Mayor Carollo: There is a motion, there is a second for PZ-4 and 5 to be continued.
Commissioner Plummer: No.
Commissioner Gort: No, no, no. To be approved.
Commissioner Hernandez: No, no. To be passed.
Mayor Carollo: To be...
Ms. Slazyk: Four and five to approve. Six and seven are one of... Four and five contains three
lots. Six and seven is one of the three which may not need to happen if these get passed. So, we
would ask that they be continued.
Mayor Carollo: OK, all right. All right, is there anyone?
Commissioner Plummer: You moved it, I second it. Read the ordinance.
Mayor Carollo: Anyone that wants to speak against PZ-4? All right, Plummer made the motion
Gort second it.
[At this point, the City Attorney read the ordinance into the public records.]
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATIONS OF THE PROPERTY LOCATED AT APPROXIMATELY 2979-89-
95 SOUTHWEST 4TH STREET, FROM SINGLE FAMILY RESIDENTIAL TO
RESIDENTIAL DUPLEX; MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
103 March 27, 1997
F
was introduced by Commissioner Gort, 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.
---------------------------------------------------- -----------------------------------------------------------
36. PROPOSED FIRST READING ORDINANCE: AMEND ORDINANCE 10544,
FUTURE LAND USE MAP OF COMPREHENSIVE NEIGHBORHOOD
PLAN -- CHANGE LAND USE DESIGNATION OF 2979-89-95 S.W.4
STREET FROM SINGLE FAMILY RESIDENTIAL TO DUPLEX
RESIDENTIAL -- APPLICANT: COMMUNITY PLANNING &
REVITALIZATION.
------------ -------------------- ------- =----------------- -----------------------------------------------------
Commissioner Plummer: Move the other item, what is it six? Five?
Mayor Carollo: PZ-5.
Commissioner Plummer: Move it.
Mayor Carollo: Moved by Commissioner Plummer.
Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Hernandez. Read it please.
[At this point, the City Attorney read the ordinance into the public record.]
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ATLAS OF THE ZONING
ORDINANCE BY CHANGING THE ZONING CLASSIFICATION, FROM R-1
SINGLE FAMILY RESIDENTIAL TO R-2 DUPLEX RESIDENTIAL, FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 2979-89-95 SOUTHWEST 4TH
STREET, MIAMI FLORIDA, AND BY MAKING ALL THE NECESSARY
CHANGES ON PAGE 33 OF SAID ZONING ATLAS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
104 March 27, 1997
F
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.
----------------------------------------------------------------------------------------------------------------
37. COMMENTS BY COMMISSIONER PLUMMER ABOUT COMMISSION
DEFERRAL OF ST. HUGH OAKS VILLAGE ASSOCIATION MEETING --
SEE LABEL 28.
Commissioner Plummer: Mr. Mayor, have you asked of the administration, have you notified all
of the people for the six o'clock item that you' could notify that were possibly and potentially
going to defer?
Mr. Carlos Smith (Assistant City Manager/Director-Building & Zoning): I believe the request
was to notify the Homeowners Association for the Roads, and we have done so. I...
Commissioner Plummer: Anybody that you can think of that should be notified has been?
Ms. Lourdes Y. Slazyk (Deputy Director, Community Planning and Revitalization Dept.): Yes.
Commissioner Plummer: Thank you.
END OF DISCUSSION -- NO ACTION TAKEN
105 March 27, 1997
F
----------------------------------------------------------------------------------------------------------------
38. DISCUSS / CONTINUE TO MEETING OF 9 / 25 / 97 CONSIDERATION OF
AGENDA ITEM PZ-6 (PROPOSED FIRST READING ORDINANCE
AMENDING ORDINANCE 10544 FROM SINGLE FAMILY RESIDENTIAL
TO TWO FAMILY RESIDENTIAL TO CHANGE FUTURE LAND USE
ELEMENT OF COMPREHENSIVE PLAN -- LOCATION: 2989 S.W. 4
STREET -- APPLICANT: JORGE & FARIDA GONZALEZ.
----------------------------------------------------------------------------------------------------------------
Ms. Lourdes Y. Slazyk (Deputy Director/Community Planning and Revitalization Dept.): OK,
since PZ-6 and 7...
Commissioner Gort: Move seven.
Ms. Slazyk: What I want is a continuance to the PZ meeting of September because these have to
go to DCA (Department of Community Affairs).
Commissioner Gort: OK, move for a continuance.
Commissioner Plummer: Well this doesn't correspond to the map on the board.
Commissioner Gort: Yes.
Ms. Slazyk: No.
Unidentified Speaker: I...
Ms. Slazyk: She jumped ahead.
Commissioner Plummer: No, no. That's Miracle Center. This is a long way from it.
Ms. Slazyk: Yes. Six and seven is the one lot in the middle of the three lots in four and five.
What they want to do is, instead of withdrawing it at this point, they want a continuance until it
comes back and gets on second reading.
Commissioner Plummer: So move.
Commissioner Hernandez: Second.
Ms. Slazyk: So, September PZ meeting.
Mayor Carollo: There is a motion, there is a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
106 March 27, 1997
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-217
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-6
(PROPOSED FIRST READING ORDINANCE AMENDING THE CITY OF MIAMI
FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN BY CHANGING
THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT
APPROXIMATELY 2989 S.W. 4TH STREET, FROM SINGLE FAMILY
RESIDENTIAL TO TWO FAMILY RESIDENTIAL) TO THE COMMISSION
MEETING PRESENTLY SCHEDULED FOR SEPTEMBER 25, 1997.
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 Caroilo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
39. DISCUSS / CONTINUE TO MEETING OF SEPTEMBER 9, 1997
CONSIDERATION OF AGENDA ITEM PZ7 (CHANGE OF ZONING FROM
R-1 SINGLE FAMILY RESIDENTIAL TO R-2 TWO FAMILY
RESIDENTIAL -- LOCATION: 2989 S.W. 4 STREET -- APPLICANT: JORGE
& FARIDA GONZALEZ.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Move seven. We were to continue...
Commissioner Gort: We already did that.
Commissioner Hernandez: Second.
Mayor Carollo: For continuance.
Commissioner Plummer: What?
Commissioner Gort: You continued seven and eight. That's what you did.
Commissioner Plummer: Six and seven.
Ms. Slazyk: Six and seven.
Commissioner Gort: Six...
107 March 27, 1997
L
F
Mayor Carollo: Moved by Commissioner Plummer, second by Commissioner Gort.
Ms. Slazyk: Six and seven.
Mayor Carollo: All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Commissioner Plummer: Seven and eight?
Ms. Slazyk: Six and seven.
Commissioner Plummer: But, wait a minute now.
Commissioner Gort: You're right.
Commissioner Plummer: Deferred and continued till May the 22nd.
Ms. Slazyk: No, September of '97.
Commissioner Plummer: Oh, that's even better. I want to give the administration all the latitude
they can have in April.
Ms. Slazyk: These have to be sent to DCA, that's why we have to wait till it gets back.
Commissioner Plummer: OK, I just don't want anything coming up in April.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-218
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-7
(PROPOSED CHANGE OF ZONING OF PROPERTY LOCATED AT 2989 S.W.. 4
STREET AS LISTED IN THE ZONING ATLAS OF ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM R-1, SINGLE
FAMILY RESIDENTIAL TO R-2 TWO FAMILY RESIDENTIAL) TO THE
COMMISSION MEETING PRESENTLY SCHEDULED FOR SEPTEMBER 25, 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.
108 March 27, 1997
F
-------------------------------------------------- --------------------------------------------------------------
40. SECOND READING ORDINANCE: AMEND ORDINANCE 10544, MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000 -- FROM DUPLEX
RESIDENTIAL TO RESTRICTED COMMERCIAL -- TO CHANGE FUTURE
LAND USE ELEMENT OF COMPREHENSIVE PLAN -- LOCATION: 3601
S.W. 22 TERRACE -- APPLICANT: UNIVERSAL REALTY &
DEVELOPMENT INC.
Mayor Carollo: OK, we're in PZ-8.
Commissioner Plummer: No.
Ms. Lourdes Y. Slazyk (Deputy Director, Community Planning and Revitalization Dept.): PZ-8
and 9 are companion, second reading amendments for 3601 Southwest 22nd Terrace. It's the
rear lot of the Boston Market out there. This has been sent up to DCA (Department of
Community Affairs). It came back, was found in compliance and it is here for second reading.
Commissioner Plummer: Basically, this was for parking?
Ms. Slazyk: Yes. And, they've done the Class II -Special Permit already. And, we've put all the
conditions under...
Commissioner Plummer: I hate to tell you, I have been parking there for years.
Ms. Slazyk: They had a lot that was legally grandfathered. And then they wanted to put their
dumpsters and some other uses not allowed back their without the zoning change. And, they
gave us a covenant...
Commissioner Plummer: Is anybody here in opposition?
Vice Mayor Regalado: Is that for the Boston Market?
Commissioner Plummer: Yeah.
Ms. Slazyk: Yes. We have a covenant and a Class II on the property.
Commissioner Plummer: Is there anybody here in opposition? I move eight.
Commissioner Gort: Second.
Mayor Carollo: Moved by Commissioner Plummer...
Vice Mayor Regalado: Second.
Mayor Carollo: ... second by Commissioner Gort. Can you read the ordinance please?
[At this point, the City Attorney read the ordinance into the public record.]
109 March 27, 1997
F
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATIONS OF THE PROPERTY LOCATED AT 3601 SOUTHWEST 22ND
TERRACE, FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL;
MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of March 26, 1996, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Plummer,
seconded by Vice Mayor Regalado, the ordinance was thereupon given its second and
final reading by title, and 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.
;THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11473.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Commissioner Plummer: I would... You know, I'm going to vote "yes" but I am amazed that
the applicant is not here. I really am amazed that the applicant... You are here. Step up to the
microphone, sir. You know we have a lot of summer programs and we have kids in those
summer programs that really don't have a lot to eat. And, I know that your company puts out
coupons.
Mr. Wayne Ginter: Yes, sir.
Commissioner Plummer: Would you like to think about helping the children of our community
this summer?
Mr. Ginter: OK. My name is Wayne Ginter, I'm a representative...
Commissioner Plummer: Sworn in, sir.
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. Ginter: Wayne Ginter for Universal Realty and Development, the property owner. I reside
at 12249 Tropical Way in Miami.
Commissioner Plummer: So, you can't speak for 13oston Market, then?
110 March 27, 1997
Mr. Ginter: No. But, I do have a representative for Boston Market here.
Commissioner Plummer: Where is he? Would you like to help out the kids of this City this
summer with some coupons?
Mr. Jim Hardacre: Sure I would.
Commissioner Plummer: How many would you like to suggest?
Mr. Hardacre: I guess I would like to just defer on that and be able to speak with... I'm the real
estate manager with Boston Market. If I just have an opportunity to speak with...
Commissioner Plummer: Does 300 coupons sound like a nice number?
Mr. Hardacre: That one works for me.
Commissioner Plummer: That works. I'm glad that's volunteered for the Playground
Department. They will be... I'm sure, very appreciative.
Mr. Hardacre: OK.
Commissioner Plummer: And I...
Commissioner Gort: It's a marketing tool. I mean it's...
.,!Commissioner Plummer: Yes. That..., Miami Market works the same as Boston Market.
Continue the roll call.
----------------------------------------------------------------------------------------------------------------
41. SECOND READING ORDINANCE: CHANGE ZONING ATLAS, ARTICLE 4,
SECTION 401 -- FROM R-2 TWO FAMILY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL -- LOCATION: 3601 S.W. 22 TERRACE --
APPLICANT: UNIVERSAL REALTY & DEVELOPMENT INC.
Commissioner Plummer: Item-9.
Commissioner Gort: Nine. Move it.
Commissioner Plummer: Second. After that very generous donation.
Mayor Carollo: Read the ordinance.
[At this point, the City Attorney read the ordinance into the public record.]
Mayor Carollo: Call the roll.
111 March 27, 1997
I��
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENTS, AMENDING THE ZONING ATLAS OF
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE
ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT 3601
SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA, EXCEPT FOR A 1' STRIP
ALONG THE ENTIRE SOUTHERLY SIDE OF THE PROPERTY; AND MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 42 OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
passed on its first reading, by title, at the meeting of March 26, 1996, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Gort,
seconded by Commissioner Plummer, the ordinance was thereupon given its second and
final reading by title, and 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.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11474.
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.
----------------------------------------------------- ------------------ -----------------------------------------
42. DISCUSS / CONTINUE TO MEETING OF MAY 22, 1997 CONSIDERATION
OF AGENDA ITEM PZ10 ( PROPOSED SECOND READING ORDINANCE:
AMEND ORDINANCE 10544 -- CHANGE LAND USE DESIGNATION AT
521-23-25-35-37-45 N.W. 23 COURT FROM DUPLEX RESIDENTIAL TO
MULTI -FAMILY -DENSITY RESIDENTIAL).
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: PZ-10.
Ms. Heather Rutecki: PZ-10 and 11 are also companion second reading items. We would asked
that these be continued. I have spoken with them. They are in agreement.
Commissioner Plummer: To when?
Ms. Rutecki: May 22nd. The covenant is not executed.
Commissioner Plummer: So move. Wait a minute. Excuse me, is there anybody else here who
wish to speak on the issue? Seeing none, let the record reflect no one came forward. I move to
continue.
112 March 27, 1997
Is
Commissioner Hernandez: Second.
Mayor Carollo: There is a motion, there is a second. 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. 97-219
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-10
(PROPOSED AMENDMENT TO ORDINANCE 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE PLAN 1989-2000, FUTURE LAND USE MAP, BY CHANGING
THE LAND USE DESIGNATION AT APPROXIMATELY 521-23-25-27-35-37-45
NW 23 COURT FROM DUPLEX RESIDENTIAL TO MULTIFAMILY MEDIUM -
DENSITY RESIDENTIAL) TO THE COMMISSION MEETING PRESENTLY
SCHEDULED FOR MAY 22, 1997.
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.
---------------------------------------------------------------------------------------------------------
43. CONTINUE TO MEETING OF MAY 22, 1997 CONSIDERATION OF
AGENDA ITEM PZ11 (PROPOSED SECOND READING ORDINANCE:
AMEND ORDINANCE 11000-- CHANGE ZONING ATLAS FROM R-2 TWO
FAMILY RESIDENTIAL TO R-3 MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL -- LOCATION: 521-23-25-27-35-37-45 N.W. 43 COURT).
----------------- ----------------------------------------------------------------------------------------------
Commissioner Plummer: Same thing on 11, I move to continue to May 22nd.
Mayor Carollo: There is a motion by Commissioner Plummer, second by Commissioner Gort.
All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No Nays.
113 March 27, 1997
L
F
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-220
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-11
(PROPOSED SECOND READING ORDINANCE TO AMEND ARTICLE 4,
SECTION 401 OF ORDINANCE 11000 TO CHANGE ZONING ATLAS FROM R-2
TWO-FAMILY RESIDENTIAL TO R-3 MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL) TO THE COMMISSION MEETING PRESENTLY SCHEDULED
FOR MAY 322, 1997.
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.
- ----------------------------------------------------------------------------------------------------------------
44. CONTINUE TO MEETING OF MAY 22, 1997 CONSIDERATION OF
AGENDA ITEM PZ12 (PROPOSED SECOND READING ORDINANCE:
AMEND ARTICLES 4& 25 OF ZONING ORDINANCE 11000 -- TO ALLOW
HEALTH SPAS OR STUDIOS IN OFFICE ZONING DISTRICT).
---------------------------------------- -----------------------------------------------------------------------
Mayor Carollo: OK, we're in 12.
Ms. Lourdes Y. Slazyk (Deputy Director/Community Planning and Revitalization Dept.): OK,
PZ-12 again is the...
Commissioner Plummer: I'd like to move that that be deferred.
Commissioner Gort: Why?
Mayor Carollo: There is a motion to defer 12.
Ms. Slazyk: May 22nd?
Commissioner Plummer: Yeah.
Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Hernandez. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
114 March 27, 1997
Mayor Carollo: No nays.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-221
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-12
(PROPOSED SECOND READING ORDINANCE TO AMEND ARTICLES 4 AND 25
OF ZONING ORDINANCE 11000 TO ALLOW HEALTH SPAS OR STUDIOS AS A
PERMITTED PRINCIPAL USE IN THE OFFICE ZONING DISTRICT) TO THE
COMMISSION MEETING PRESENTLY SCHEDULED FOR MAY 22, 1997.
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.
----------------------------------------------------------------------------------------------------------------
45. PROPOSED FIRST READING ORDINANCE: AMEND CHAPTER 4 OF
CODE -- ADD EXCEPTION FOR ALCOHOLIC BEVERAGE
ESTABLISHMENT USES WHICH PRECEDE SCHOOLS OR CHURCHES --
APPLICANT: COMMUNITY PLANNING & REVITALIZATION.
Mayor Carollo: Thirteen.
Commissioner Plummer: Thirteen.
Mr. Lourdes Y. Slazyk (Deputy Director/Community Planning and revitalization Dept.):
Thirteen and fourteen are the items that we were instructed by the Commission to prepare and
we studied. We recommend approval. This is an amendment to the City Code, Chapter IV and
to Article 11 of the ordinance regarding nonconformities. This is to put an exception clause for
alcoholic beverage establishments which precedes schools or churches. This was related to the
case where the church was moving into the alcoholic beverage establishment on 79th Street
which is coming up on this agenda. These would be the first reading ordinances to basically
deem that use to not be nonconforming if it precedes the church or school.
Commissioner Plummer: Well, it's first reading so... Is there anybody here wishing to speak on
the issue? I will move it on first reading and then we can look at it later. Make second reading
May the 22nd. I move item 13 on first reading.
Mayor Carollo: On 13 there is a move, is there a second?
115 March 27, 1997
L
Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Hernandez. Read the ordinance.
[At this point, the City Attorney read the ordinance into the public record.]
An Ordinance entitled -
AN ORDINANCE AMENDING THE CITY CODE, CHAPTER 4 ENTITLED:
"ALCOHOLIC BEVERAGES," BY AMENDING SECTION 4-11 ENTITLED:
"EXCEPTIONS TO DISTANCE REQUIREMENTS," TO ADD EXCEPTIONS FOR
LEGITIMATE LIQUOR ESTABLISHMENTS WHICH PRECEDE SCHOOLS OR
CHURCHES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by Commissioner Hernandez, 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.
----------------------------------------------------------------------------------------------------------------
46. (A)PROPOSED FIRST READING ORDINANCE: AMEND ORDINANCE
11000, ARTICLE 1, SECTION 1101.5 -- PROVIDE EXCEPTION CLAUSE
FOR ALCOHOL BEVERAGE ESTABLISHMENT USES WHICH
PRECEDE SCHOOLS OR CHURCHES.
(B)SCHEDULE PROPOSED SECOND READING TO PROVIDE EXCEPTION
FOR MEETING IF MAY 22, 1997 BEFORE 5 P.M.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: How does 14 differ from 13?
Mr. Joel Maxwell (Deputy City Attorney): It amends the zoning ordinance?
Commissioner Plummer: What?
Mr. Maxwell: It amends the zoning code.
Commissioner Plummer: I move item 14 on first reading.
Mayor Carollo: So moved.
116 March 27, 1997
Vice Mayor Regalado: Second.
Mr. Maxwell: Has anyone second it?
Commissioner Plummer: We can call the roll?
Mr. Walter J. Foeman (City Clerk): It's an ordinance.
Mr. Maxwell: No. Who seconded 14?
Commissioner Plummer: Huh?
Mr. Maxwell: Was it second?
Mr. Foeman: Yes.
Commissioner Plummer: Didn't we just deter 14?
Mr. Maxwell: No.
Commissioner Plummer: Or if we did it, we did it on first reading?
Ms. Slazyk: Yes.
Commissioner Plummer: Did we vote on it?
Mr. Foeman: Yeah.
Mr. Maxwell: You did 13 on first reading not 14.
Mr. Foeman: Thirteen.
Commissioner Plummer: Oh, I am sorry. So, we're 15?
Mr. Foeman: We're on 14 now.
Mr. Maxwell: No, fourteen. Fourteen.
Commissioner Gort: We did 15.
Mr. Maxwell: Fourteen, Mr. Mayor is the item that's before you right now.
Commissioner Plummer: All right. So, now what are we on, 14?
Mr. Maxwell: Yeah.
Commissioner Gort: You asked the question... was it on 14? (phonetic). You asked the
question was it 15 or 14.
Commissioner Plummer: That was on 13. Fourteen and 13.
Mr. Maxwell: Has 14 been second.
Commissioner Plummer: OK, where are we?
117 . March 27, 1997
[At this point, the City Attorney read the ordinance into the public records.]
Commissioner Plummer: I move it. Second reading on May the 22nd.
Mayor Carollo: There is a motion.
Vice Mayor Regalado: Second.
Mayor Carollo: There is a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
SECTION 1101.5 TO SET FORTH REGULATIONS CONCERNING THE STATUS
OF LEGITIMATE LIQUOR ESTABLISHMENTS WHICH PRECEDE CHURCHES
OR SCHOOLS; CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
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.
Mr. Maxwell: Also, Mr. Mayor...
Mr. Foeman: It's an ordinance Mr. Mayor.
Commissioner Gort: It's an ordinance. You've got to call the roll.
Commissioner Plummer: Huh?
Mayor Carollo: You're right, it is an ordinance.
Mr. Maxwell: Mr. Mayor, on...
Commissioner Plummer: Item 15.
Mr. Maxwell: Excuse me, Mr. Plummer. On this item that you just voted on, if you want to
hear it prior to five o'clock, it will require four fifths vote. You may want to do that now.
118 March 27, 1997
L
Commissioner Plummer: We just did it, you got a five -five vote.
Mr. Maxwell: No, no. I'm saying, you will need a separate vote on the hearing it before five...
Commissioner Plummer: I move that it be subject to before five o'clock. I so move.
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 motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-222
A MOTION SCHEDULING CONSIDERATION OF SECOND READING OF
AGENDA ITEM PZ-14 (PROPOSED AMENDMENT TO ARTICLE 11, SECTION
1101.5 OF ZONING ORDINANCE 11000 TO PROVIDE AN EXCEPTION CLAUSE
FOR ALCOHOL BEVERAGES ESTABLISHMENT USES WHICH PRECEDE
SCHOOLS OR CHURCHES) TO THE COMMISSION MEETING PRESENTLY
SCHEDULED FOR MAY 22, 1997; FURTHER STATING THAT SAID ITEM MAY
BE CONSIDERED BEFORE 5 P.M.
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.
In
119 March 27, 1997
----------------------------------------------------------------------------------------------------------------
47. (A) PROPOSED FIRST READING ORDINANCE: AMEND CHAPTER 35
OF CODE -- ADD NEW ARTICLE ENTITLED "VALET
PARKING" -- FOR ESTABLISHMENT OF VALET PARKING IN
DOWNTOWN.
(B) DISCUSS ALLEGATIONS OF SELECTIVE ENFORCEMENT OF
TOWING CARS DOWNTOWN -- DIRECT CITY MANAGER TO
STOP / INVESTIGATE ACTIVITIES OF SCOFFLAW TASK FORCE.
(C) APPROVE STAFF TO STUDY CREATING SAME TYPE OF VALET
PARKING ORDINANCE FOR COCONUT GROVE BUSINESS
AREA.
------------------------------------------------------ ---------------------------------------------------------
Commissioner Plummer: Item 15.
Mayor Carollo: Fifteen.
Commissioner Plummer: Mr. Mayor, I was...
Mayor Carollo: First ordinance. First reading.
Commissioner Plummer: Now hold on now. I was visited this morning by the Police and Public
Works. And, the Police have a serious problem, you were there.
Mr. James J. Kay (Deputy Director, Public Works): Right. The Police Department would...
Commissioner Plummer: Don't want to be in charge.
Mr. Kay: Well, they will be enforcing this thing out in the field ,but they do not want to have to
deal with the permits, permit applications and that criteria that goes with that.
Commissioner Plummer: Are they're allowed... Joe, are you presenting... OK.
Mr. Carlos Smith (Assistant City Manager/Director-Building & Zoning Dept.): Commissioner,
if I may? As I understand it, the Police doesn't want to get involved in the actual permitting and
actually in the revocation or denial of the permit after the fact. I...
Commissioner Plummer: But the way it's drawn, it's my understanding the Police is in charge
of everything.
Mr. Smith: That is correct. That is correct. And, it was our intent...
Commissioner Plummer: I move that it be deferred and be reverted back to committee for
proper documentation taking the Police out. It's... You're in business until then.
Lucia Doughtery: We're doing it on second reading.
Mr. Smith: Commissioner?
Commissioner Plummer: What?
Mr. Smith: It's... We can make that change I believe, from the Law Department, I guess can
address that issue.
120 March 27, 1997
L
Mr. Joel Maxwell (Deputy City Attorney): Yeah.
Commissioner Plummer: All right, then I would move...
Commissioner Gort: ... on first reading.
Mr. Maxwell: Yeah, that change could be made. We can make it on the floor. No problem.
Commissioner Plummer: I would move that item 15 be approved with the following
amendment: that the enforcement aspect of 15 be the responsibility of the Police Department or
Off -Street Parking, OK? - and that the permitting and all other aspects be the responsibility of
Public Works.
Mr. Kay: OK.
Commissioner Gort: Public Works.
Commissioner Plummer: I so move.
Vice Mayor Regalado: But, who is going to enforce Off -Street or the Miami Police?
Commissioner Plummer: Enforcement will be either the Police Department or Public Works.
Either one or both.
Mr. Smith: Do you want it to read and or? OK.
Commissioner Plummer: Yeah.
Vice Mayor Regalado: You mean and or, or?
Commissioner Plummer: Yeah.
Mayor Carollo: We would and or to enforce?
Commissioner Plummer: Yeah, to the enforcement aspect of it. Either one can do it.
Vice Mayor Regalado: Yeah, but then you have this problem. You have two towing companies,
one working for downtown, for the Police in downtown.
Commissioner Plummer: It depends on which one is doing...
Vice Mayor Regalado: And then another one working for the Off-street Parking. Who are you
going to give...?
Commissioner Plummer: It depends on who is doing the enforcing.
Mr. Maxwell: Who calls. (phonetic)
Commissioner PlumrnEr: If it's Off -Street Parking, they'll use their company and if it's the
Police Department they'll use theirs.
Vice Mayor Regalado: But, how are you going to decide? I mean, what do you do that?
121 March 27, 1997
Commissioner Plummer: We're not.
Commissioner Gort: We're not. They will.
Commissioner Plummer: They will.
Commissioner Hernandez: Let me ask you, now that you've brought this up? Is the Police
Department working in conjunction with this task force, or is the task force a third entity here?
Commissioner Plummer: I have some major problems with this task force.
Commissioner Hernandez: I know that, that's why I am bringing it up.
Commissioner Plummer: Very close to home, OK. A car was towed that was parked for 15
minutes in a two hour parking area and it was towed.
Mayor Carollo: What do you mean very close to home?
Commissioner Gort: It's his car.
Commissioner Plummer: They towed his car and I know damn well when he left the funeral
home he was gone for 30 minutes.
Vice Mayor Regalado: Last Sunday, Last Sunday, J.L.
Commissioner Plummer: Hey, he's already paid it. It's already done. But let me tell you...
Vice Mayor Regalado: Mr. Mayor. Mr. Mayor and J.L., last Sunday on Flagler Street between
18 and 5th Avenue, Sunday night there were about 20 to 30 cars towed. And, nobody knew why
these cars were being towed. It's Off-street Parking that's doing it.
Commissioner Hernandez: No, no, no. I had a meeting...
Commissioner Plummer: No, no, no. There's a special task force in the City. I don't know
who, under whose jurisdiction they are, whether it's the Police Department or who. Joe, do you
know?
Commissioner Hernandez: It's not the Police Department. It's not Off -Street Parking. I met
with Clark Cook and it's not...
Commissioner Plummer: It's a task force and who is...
Commissioner Hernandez: There is a special task force, and I'm telling you because I looked at
the numbers. They've almost doubled this month. Over 600 cars have been towed and a lot of
them are being extremely... It's very discretion... wide discretion is being used on towing,
there's problems within the districts, within the towing companies. Who is getting all these calls
and it's call coming from the task force. All these calls are coming from the task force.
Mayor Carollo: What task force are we talking about.
Commissioner Hernandez: There is a special task force out there. I found this Saturday because
I went out to a businessman that is being hassled on a consistent basis.
Commissioner Plummer: They're all over the City.
122 March 27, 1997
it
Commissioner Hernandez: And, the task force...
Mr. Kay: Sir.
Commissioner Hernandez: Before you speak, they did not mention to me at once. One police
officer... I had a police officer out there and it was not the Police Department. And, I've met
with Clark Cook and it's not Off -Street Parking. There is a task force consisting of about ten to
twelve guys that are out there towing cars.
Police Capt. Longueira: Right, right.
Mayor Carollo: This is the first I have heard of it.
Vice Mayor Regalado: Mr. Mayor.
Mayor Carollo: And, what firm is doing the towing?
Commissioner Plummer: Molina.
Commissioner Hernandez: One of them is Molina. Molina is the one that's getting it.
Mayor Carollo: Boy, you know, what a curiosity that exits. Molina did not get a said zone this
last time around. All of a sudden every time that I hear that there's an uproar and cars being
towed, somehow Molina is involved with it.
Commissioner Plummer: Well, let me tell you this case,that I am very much aware of and it's...
the fine has been paid and the towing fee has been paid. I can assure you that it was a two-hour
parking area, OK. Right over by Cedars of Lebanon Hospital. I know for a fact that the
individual was not there more than 30 minutes because he had left my office and he was towed.
Mayor Carollo: Now, if Off -Street Parking Authority was not doing it...
Commissioner Plummer: No it's not.
Mayor Carollo: ... and I am told that they somehow have been using Molina to, then who has
authorized Molina? Because Molina is not in that zone.
Police Capt. Longueira: Sir...
Vice Mayor Regalado: My understanding is... I am sorry Captain. My understanding is that
they called one towing agency that who was the backup in that area and the towing company
said that they would not do that because that would hurt the merchants in the area - that they way
that they were doing it was not the correct way. Because, like J.L., said, they are using their
judgment. They come even in a parking meter and they take the car away. I tell you that it
happened on Sunday night, more than 20 cars in Flagler.
Mayor Carollo: Captain, let me tell you something. I want a meeting with the Police Chief and
if I don't get the right answers I'm personally going to walk it over to the State Attorney's Office
because this stinks. I don't know what's going on but I'll tell you one thing, there is a big friend
that Mr. Molina has that has an ex, that he's got a big smile on his face because this kind of
shenanigans is being done all over the City, so that the blame could be thrown up here and to try
to get as many people thinking that this Commission is the one that's behind all of this kind of
shenanigans.
123 March 27, 1997
L
Commissioner Plummer: Well, let's just go on the record if I may? I have no problem where
they are doing legitimate business, OK. And, I wish that they would do some more downtown.
These people who take the privilege of parking anywhere they want on the street and tying up
the street, I wish they would do more there. As long as it's legitimate, OK. I know that there
was a complaint about the 800 Club on North Bayshore Drive. And those cars were towed and
my understanding was it was clear cut, the signs were there and it was legitimate, they should
have been towed.
Mayor Carollo: Now, what...?
Commissioner Plummer: That's not the point. The point very simply is, in those cases where
they are using whatever discretion they want, is what's creating the problem.
Commissioner Gort: Mr. Mayor.
Mayor Carollo: What task force is this? I still haven't heard.
Commissioner Gort: Yeah, what...?
Police Captain Longueira: Sir... All right, for a long time the City has had a scofflaw task force
that is, I believe the person who runs it is Jesus Noriega who works out of the Finance
Department. That task force had been under Mr. Parekh and they are still out working. If, that is
the group that did this, you know, we don't have any control over them. Now, I don't know who
did the towing. I would like to know and will help you find out, and we can direct from there...
Vice Mayor Regalado: Well, I'll tell you who did it.
Police Captain Longueira: ... if it was us.
Vice Mayor Regalado: It was Molina Towing because they had to go and get the cars in Molina,
that's what... That's the only thing I know.
Commissioner Plummer: And I can assure you in my particular case, it was also Molina.
Commissioner Hernandez: Commissioner, believe me. I have been doing research for last three
days, I was out there Saturday. I was out there by the Miami Stadium neighborhood, an area that
usually is not patrolled because of the area it is, it's industrial. It's not Police and it's not Off -
Street Parking. I've met with both departments.
Police Capt. Longueira: Right.
Commissioner Hernandez: This is an independent task force of the City of Miami that's out
there towing cars.
Police Capt. Longueira: Well, then that's... It maybe the one in Finance and there... When they
were created their main job was to crack down on scofflaw parkers and raise revenue. That's
what they are...
Mayor Carollo: Well...
Commissioner Hernandez: Did they give you...?
Mayor Carollo: Hold on. Captain, I just got a call to my office. I guess someone was watching
the meeting and this person had their vehicle towed by Molina. The reason they were given and
124 March 27, 1997
L.
the people behind it were the Revenue Task Force. The reason they were given was, the City
needed the money. Now, I want a list of everyone that has gotten their cars towed by Molina.
Commissioner Hernandez: Yes.
Mayor Carollo: Believe me, I'm going to get to the bottom of this.
Commissioner Hernandez: That's the excuse that was given to me.
Mayor Carollo: I am going to get to the bottom of this.
Commissioner Plummer: Well, I just want to go on the record, OK. And I got to...
Mayor Carollo: And, Captain, I don't mind taking the flak and making heads roll.
Commissioner Plummer: I just want to go on the record.
Mayor Carollo: I want a meeting with the Police Chief. If the Off -Street Parking Authority is
involved in this and you better get Clark Cook in that meeting and these individuals in this task
force, I want all their names, the main guy that has been ordering, plus, you might as well let
Angela Bellamy that I want a copy of their personnel record.
Commissioner Hernandez; The disparity is Off-street Parking in three weeks of March, I believe
have towed 300 something cars. These people have towed 608 cars in three weeks.
Mayor Carollo: How many?
Commissioner Hernandez: Six hundred and eight cars.
Mayor Carollo: Well...
Vice Mayor Regalado: That's very true.
Mayor Carollo: See, there's a small group of characters going town trying to find candidates to
run against those of us here that are up for election November. And, they are all smiling saying
that you know, they are going to create this kind of chaos, because they are going to make the
people think that we're responsible for all this kind of stuff. And, they are former people that
were involved in this administration that have their hands in a lot of this shenanigans. And I'll
be darn if we're going to let them get away with this, whether they're Civil Service or whether
they are not Civil Service, but if this... Things that are not right going on, if we are duly
harassing citizens and towing their vehicles when we shouldn't be doing that, we are going to
put a stop to that. And, you know, it's too bad that Mr. Molina wasn't chosen in one of the zones
but he's not going to make up his money by coming this way. And, if...
Vice Mayor Regalado: Mr. Mayor, I would like to introduce a motion to stop immediately the
activities of that task force until...
Commissioner Hernandez: Pending an investigation.
Vice Mayor Regalado: Huh?
Commissioner Hernandez: Pending investigation.
Vice Mayor Regalado: ...And begin an investigation.
125 March 27, 1997
F
Commissioner Gort: I'll second that motion because my understanding is...
Mayor Carollo: And, I want a copy with the name and address, time, date of all the vehicles that
have been towed by this task force in the last three months, by date.
Mr. Maxwell: A motion.
Commissioner Plummer: Mr. Mayor, let me go on the record because I have...
Mayor Carollo: Commissioner.
Commissioner Gort: My understanding is...
Commissioner Plummer: Go ahead.
Commissioner Gort: My understanding is, this task force is does not respond to the Police or to
the Off -Street Parking.
Commissioner Hernandez: That's correct.
Commissioner Gort: They respond to the Finance Department.
Commissioner Plummer: That's correct.
Commissioner Gort: Now, my question is, you can tow the car away where there are signs that
tell you that it can be towed away. But, I don't think you can tow away from a meter?
Police Capt. Longueira: Sir, if the vehicle is a scofflaw vehicle. In other words, if they don't
pay their parking tickets for a long period of time and build up big bills, I believe you can tow
that car in, in order to get them to...
Commissioner Plummer: You can tow them. Of course you can.
Commissioner Gort: OK, what you're telling me is some of these have been towed away might
have been violators, that there's some kind of, what you called them, summons against them or
something?
Police Capt. Longueira: There is court penalties against them because they haven't paid tickets.
Mayor Carollo: Well, Captain...
Police Capt. Longueira: And they get a list of the scofflaws and they go looking for those
vehicles, see.
Commissioner Plummer: They should be towed.
Police Capt. Longueira: And, it's a computerized thing with the Clerk's Office that they send us
a list. Now, I believe that's what they're doing but...
Commissioner Gort: But they're all in the same block?
Mayor Carollo: No, sir. No, sir, because....
126 March 27, 1997
Police Capt. Longueira: ... we don't run that operation.
Mayor Carollo: ... the gentleman that you know that called you doesn't have that problem. The
gentleman that just called us, don't have that problem. The ones that have called you don't have
that problem.
Police Capt. Longueira: OK.
Commissioner Gort: They all happened to be parked in the same block?
Mayor Carollo: And, those are frankly, poor excuses. And, I'm tired of hearing excuses for
people that don't have the best interest of the City of Miami at heart and all they want to do is
see how they can bring this Commission to a hault so that they could go back to the old ways.
Police Capt. Longueira: Well, I can...
Mayor Carollo: They think that maybe come November, they can bring a former manager back
on their shoulders with some other people. And, that's not going to happen. Now, at least, I
don't know if any of you knew about this but this is the first that I've heard that we have the
Finance Department, of all departments involved in this.
Commissioner Hernandez: I found out this weekend because I got so many complaints and I
went out, and I'm telling you that the merchants that are getting beat up are the poor merchants,
the poor people. This merchant deals in seafood and what he deals with is, the majority of his
business is with Haitian -Americans and they are getting towed. On Saturday alone there were
seven towed cars, after I visited him.
Police Capt. Longueira: What's that location, sir?
Commissioner Hernandez: Twenty-one eleven Northwest loth Avenue.
Vice Mayor Regalado: I was...
Commissioner Hernandez: Omar Seafood.
Vice Mayor Regalado: ... Sunday night Flagler and 18th Avenue from 18th to 8th Avenue.
There were about 20 cars towed during the night. I was there. And, somebody called me and I
went there and I saw some cars being towed.
Commissioner Plummer: Let me just get on the record so that nobody has any fingers to point at
Mr. Plummer. And, I want you to know that the fine was paid immediately to recover the car
because you can't get it back without recovering the car. And, I have not protested. I did not
bring the item up today. The person in question was my brother. From the time he left my
office, he called me within 30 minutes telling me his car had been stolen, to find out that it had
been towed. And, find out it was by this task force. Forty-four dollars ($44) for the towing and I
think thirty-five dollars ($35) for the ticket. But, he was in an area across from... at Cedars
Lebanon Hospital, where we go the Health Department on a daily basis and an area designated
for two hour parking. He could not have been there more than 30 minutes. We checked the car,
there was no yellow marks on the tires as they sometimes do. I can assure you that there were no
outstanding tickets on the car and it was for violation of overtime parking. So, I'm just giving it
to you for the record. The car was taken to Molina. I have to say that they weren't nice, but they
were not unnice. They were not unpleasant, they just wanted their money. And, I'm just
saying... hey, please, I'm not looking for any motwy back. I don't want to get involved in it, but
I'm doing it for the record to establish that I. know for a fact what's happening.
127 March 27, 1997
L
Commissioner Hernandez: Mr. Mayor.
Mayor Carollo: Yeah, well...
Commissioner Hernandez: One more thing.
Police Capt. Longueira: We'll do two things, Commissioner. We'll get you the information
Mayor and all the Commissioners on what the task force has towed and why.
Mayor Carollo: Well...
Police Capt. Longueira: But, I'm also going to have our person that does the towing companies
go to Molina and look at the records.
Mayor Carollo: No, I'm going to do better, Captain.
Police Capt. Longeira: OK.
Mayor Carollo: I'm going to bring it and put in the next meeting on the agenda. In fact, if the
City Attorney can tell me that we could bring it up now as a pocket item, I will. But, if he
instructs me that we can't, then I'll bring it at the next meeting where we had assigned two
companies that will be the two standby companies that did not have, any zones. One of those
was Molina. I will make a motion to take Molina out.
Commissioner Hernandez: Captain, one more think I would like to ask you so you can look into
the record. How many cars were towed during the Calle Ocho festival? I am... I have been told
in this investigation that I was doing, that it's in excess of 160 cars were towed away and who
did the towing on those? I have been told it's almost close to 200 cars on that Sunday, the
festival day.
Commissioner Plummer: But, I can tell you...
Police Capt. Longueira: Yeah, but that's probably us.
Commissioner Plummer: ... just... That's right. That was the Police Department for blocked
driveways.
Police Capt. Longueira: I mean, because... But, we'll get you that number.
Commissioner Hernandez: You might be very... You might be very much surprised that out of
those 200 hundred...
Police Capt. Longueira: Right.
Commissioner Hernandez: ... they are not all of yours.
Police Capt. Longueira: Right. We'll get you that information.
Mayor Carollo: Well, I'll give you another example. The opening night of the Miami Film
Festival. Downtown, Miami is a ghost town at nights. All of a sudden we have one activity that
brings people downtown, especially an activity that we need to keep Gusman open and alive, and
that night there were some 80 vehicles or more towed from the streets. Guess who towed them
again, Molina. And, you know, in. this case it was the Off-street Parking Authority, at least I was
told that. Now...
128 March 27, 1997
L
F
Commissioner Plummer: Well, Clark Cook told me on the record, that they never tow a car
unless it's obstructing the roadway.
Police Capt. Longueira: Now, I know downtown you expressed an interest that you wanted cars
to be able to park downtown after a certain hour to promote people to come down here and I
don't know...
Mayor Carollo: This is late at night when there is nothing going on there.
Police Capt. Longueira: ... if that legislature action or if anything has been done yet. But, if
that's your desire, you need to express that again, and make sure we follow-up on it, whoever we
are.
Commissioner Plummer: Since you're bring this back...
Commissioner Gort: Mr. Mayor.
Commissioner Plummer: ... Mr. Mayor, I'd like to ask in addition to that? When we gave out
the towing contracts it was given to us to believe that the contracts and the zones that were
outlined were proportionally about even to the number of tows. I am now being told by one
company that they are averaging 60 tows a month when their next door neighbor is averaging
300 tows a month.
Mayor Carollo: Well, J.L., what we...
Commissioner Plummer: So, I'd like to bring that up again.
Mayor Carollo: What we might then do with that firm is, once we bring it up at the next meeting
the reconsideration of the two standby companies, maybe we could put that company also, as a
standby on the other zones.
Commissioner Plummer: All right. Well, I'm not trying to favor one over the other.
Mayor Carollo: No, no, no. I understand that.
Commissioner Plummer: The inequity is what I want to address.
Mayor Carollo: What you're trying to do is balance it. You're trying to keep some balance,
that's what we were told, you're correct. And, I have no problem in doing that. But, what I'm
seeing is, that something stinks to high heaven here. Something is not right, that you know, even
a blind man could see it. And, I want to get to the bottom of this.
Vice Mayor Regalado: Until we do that, do you want to vote on the motion that I introduced to
stop immediately...
Mayor Carollo: Yes, sir.
Vice Mayor Regalado: ...effective today.
Mayor Carollo: Yes, sir.
Vice Mayor Regalado: ... and to start an investigation on all the activities of the task force?
129 March 27, 1997
Police Capt. Longueira: Of the task force.
Vice Mayor Regalado: Of the task force.
Commissioner Gort: I second it.
Mayor Carollo: There is a motion by Vice Mayor Regalado. Second by Commissioner
Hernandez. All those in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Vice Mayor Regalado, who moved its adoption:
MOTION NO. 97-223
A MOTION DIRECTING THE CITY MANAGER TO STOP IMMEDIATELY THE
ACTIVITIES OF THE FINANCE DEPARTMENT SCOFFLAW TASK FORCE AND
BEGIN INVESTIGATION OF ALL THE ACTIVITIES OF SAID GROUP.
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.
Vice Mayor Regalado: Mr. Mayor, if we are going to send back to the staff the PZ-15, regarding
the valet parking. I was wondering if we could include the study for Coconut Grove area
because there have been a lot of people who feel that this would alleviate traffic. The traffic
problems in Coconut Grove.
Mr. Maxwell: Mr. Vice Mayor...
Vice Mayor Regalado: Yes, sir.
Mr. Maxwell: ... you shouldn't mix that up with the vote presently...
Commissioner Plummer: A separate motion.
Mr. Maxwell: ... a separate motion on that.
Vice Mayor Regalado: OK, well, I'll like to introduce a motion to have the City staff to create
the same type of ordinance and study for the Coconut Grove area.
Commissioner Hernandez: Second.
Vice Mayor Regalado: OK. Mr. Mayor, there Is a motion, second by Commissioner Hernandez.
130 March 27, 1997
F
Mayor Carollo: All in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Vice Mayor Regalado, who moved its
adoption:
MOTION NO. 97-224
A MOTION INSTRUCTING CITY MANAGER TO DIRECT STAFF TO STUDY
PROPOSED ESTABLISHMENT OF VALET PARKING IN THE COCONUT GROVE
BUSINESS AREA AND DRAFT APPROPRIATE LEGISLATION IN CONNECTION
WITH SAME.
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.
Mayor Carollo: OK.
Commissioner Plummer: What did we just vote on?
Mr. Maxwell: We still need to vote on item 15, Mr. Mayor. I think the motion...
Commissioner Gort: Move it.
Mayor Carollo: Move item 15, first reading.
Commissioner Hernandez: Second by Commissioner Hernandez.
Mayor Carollo: Can you read the ordinance?
Commissioner Plummer: That's with the amendments.
Mr. Maxwell: This is with the amendments.
Mayor Carollo: With the amendments, OK.
[At this point, the City Attorney read the ordinance into the public record.]
Mayor Carollo: Call the roll.
131 March 27, 1997
F
An Ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 35, ENTITLED: "MOTOR VEHICLES
AND TRAFFIC," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, 1996, BY
ADDING A NEW ARTICLE VIII ENTITLED: "VALET PARKING"; PROVIDING
FOR THE ESTABLISHMENT OF VALET PARKING IN THE DOWNTOWN
CENTRAL BUSINESS DISTRICT, AS DEFINED IN THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA; PROVIDING FOR RELATED PERMITS, FEES,
RULES AND REGULATIONS AND APPEALS; FURTHER, RESERVING
SECTIONS IN ARTICLE VII OF SAID CHAPTER; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Gort, seconded by Commissioner Hernandez, 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.
----------------------------------------------------------------------------------------------------------------
48. DIRECT ADMINISTRATION TO REPORT ON TRAFFIC CONTROL
DEVICES ON GRAND AVENUE AND VIRGINIA STREET DURING
WEEKENDS.
Mayor Carollo: Sixteen.
Commissioner Plummer: Is Jack Luft here? I'd like a report on those things that I asked that we
put in Grand Avenue, that's never happened in Virginia. Friday and Saturday night they put
them out as a temporary, the traffic flowed like it was... like it should and I thought we were
talking about making it permanent. What happened? Where are we?
Mr. Jack Luft (Director Planning and Development Dept.): We are going through the County
who controls all traffic controls devices within the right-of-way.
Commissioner Plummer: You told me that two months ago.
Mr. Luft: Well, sir, Elvi was...
Commissioner Plummer: OK. Mr. Mayor, do you what I'm...
132 March 27, 1997
Mr. Luft: The NET (Neighbors Enhancement Teams) coordinator was getting that done.
Commissioner Plummer: There is the stanchions there in Virginia, if they make it where they
cannot do anything but make a right turn or a left turn the traffic flows like crazy. The problem
is, when people try to turn into Virginia, it just bottlenecks up unbelievable. Please, I would like
a report in writing in the next five days?
Mr. Luft: OK. Yes, sir.
Mayor Carollo: Can you do that Jack?
Commissioner Plummer: To all of us, of course.
Mr. Luft: Yes, sir. We'll get a timetable for the installation of it, a letter from the County and a
commitment.
Commissioner Plummer: It could make a big difference.
Mayor Carollo: Thank you.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
49. PRESENTATION: MAYOR NAN CHENG SU OF GAUSHUN, TAIWAN &
HIS WIFE DR. SUSAN SAGA CHENG.
Commissioner Plummer: Item 16.
Ms. Lourdes Y. Slazyk (Deputy Director/Planning & Development Dept.): PZ-16 and 17 are the
companion...
Mayor Carollo: If I may interrupt you for a moment?
Ms. Slazyk: Sorry.
Mayor Carollo: Thank you. I'd like to have two very special people come up here for a
presentation from one of our most distinguished Sister Cities in Koahsiung, Taiwan. If I may
ask, Mayor Su Nan Cheng and Dr. Susan Cheng to come up please? Ten years ago when Miami
was made Sister Cities with Kaohsiung, we had the honor of having Mayor Su and Dr. Cheng be
with us here, in Miami and we were able to have Miami City Hall being one of the few
governmental entities in the United States that would have the flag that we have back there of the
Republic of China in Taiwan Free China. And back then, I was Vice Mayor of the City and I
was able to give Mayor Su the key of the City. That was the old key that was different, a
different style. So, now it is my pleasure to be able to give him as Mayor of the City on behalf
of my colleagues here and all the residents of Miami, the new designed key of the City of Miami
that we've had ten years later. Mayor Su, great having you in Miami.
[APPLAUSE]
Mr. Su Nan Cheng: Thank you.
L
133 March 27, 1997
Mayor Carollo: And if I may give Dr. Susan Cheng one of the new medallions that we have of
the new Miami which shows downtown Miami in its front.
Ms. Cheng: Thank you. We have an exchange gift for...
Mr. Cheng: The long life stone.
Mayor Carollo: Well, these are the long life lion stones.
Commissioner Plummer: You rub the belly and your wife gets pregnant.
Mayor Carollo: Please no. I don't need another one. Well, you noticed I said this are for tong
life. Thank you very much. Would you like to say anything?
Mr. Cheng: [COMMENTS IN CHINESE]
Ms. Cheng: Good afternoon, everybody. Mr. Mayor and Commissioners.
Mr. Cheng: [COMMENTS IN CHINESE]
Ms. Cheng: We are so happy we are back to Miami and visited this City because the City of
Cow Chun and Miami is a Sister City of ten years ago, when Mr. Mayor, Joe Carollo was a Vice
Mayor and now he is a Mayor. We are so happy to come back and visit him and it is of great
honor.
.Mr. Cheng: [COMMENTS IN CHINESE]
Ms. Cheng: City of Kaoshiung is also same type of the harbor City and have a one point five
million population and it's also number third of container terminal in the world.
Mr. Cheng: [COMMENTS IN CHINESE]
Ms. Cheng: For us to... Mr. Joe Carollo it's not only private friend, is also a good official
partner.
Mr. Cheng: [COMMENTS IN CHINESE]
Ms. Cheng: We have a lot of festivals, activities, it's also nominee with the City of Miami. We
also have a day of the City of Miami.
Mr. Cheng: [COMMENTS IN CHINESE]
Ms. Cheng: Once, Mr. Joe Carollo is not in political life, but in private, he also continue to have
a relation with Taiwan. So, during the time in the campaign for the Mayor, he did not let us
know. Otherwise, we have to come in to support him. And, we happy, he able to back into this
stage. And also, even we are so busy because Mr. Su Nan Cheng, now he is a chairman of
National Assembly. So, it's a lot of meetings with president, nations and central government
decisions. But even relatives, they would still have to come into congratulations of his success
and high votage in ranking to be a Mayor. We hope more power under his taking and also City
of Miami will more productive in the future.
Mr. Cheng: [COMMENTS IN CHINESE]
Ms. Cheng: Thank you.
L
134 March 27, 1997
F
(APPLAUSE]
Mayor Carollo: Thank you again, Mayor Su and Dr. Cheng.
Commissioner Plummer: Bye, bye.
Mayor Carollo: Thank you.
Commissioner Hernandez: Thank you, very much.
END OF DISCUSSION -- NO ACTION TAKEN
-------------------------------- -------------------------------------------------------------------------------
50. DISCUSS / CONTINUE CONSIDERATION OF AGENDA ITEM PZ-16 TO
MEETING OF MAY 22, 1997 (APPEAL OF SPECIAL EXCEPTION TO
PERMIT CONVERSION TO PLACE OF WORSHIP -- LOCATION: 311-321
N.E. 79 STREET).
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: What?
Mr. Joel Maxwell, Esq. (Deputy City Attorney): Item 16.
Commissioner Plummer: Sixteen.
Ms. Lourdes Slayzk (Assistant Director/Land Development. & GIS): PZ-16 and 17 were
continued. These are the appeals from the liquor establishment for the church. It's a variance
and Special Exception at 311 and 21 Northeast 79th Street. I believe the appellants are here.
Commissioner Plummer: You believe what?
Ms. Slazyk: The appellant is here.
Commissioner Plummer: Oh.
Mr. Tony O'Donnell: Mr. Mayor, members of the Commission.
Commissioner Plummer: You have got to be sworn.
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. O'Donnell: I do. For the record, Tony O'Donnell with law offices at 701 Brickell Avenue
representing the appellant. We made an extensive presentation at the last hearing. We do not
intend to repeat that. We would incorporate by referencing to this particular meeting. We still
stand opposed to the placement to this church immediately adjoining our property. It's been
recognized as an incompatible use by your legislation and we don't think it should be allowed by
special exception for the reasons we gave before.
Commissioner Plummer: I don't remember all that tieing the issue.
135 March 27, 1997
--i
Vice Mayor Regalado: Yes.
Mr. Steve Singer: Steve Singer with offices at 801 Northeast...
Vice Mayor Regalado: Have you been sworn in yet?
Mr. Singer: Yes, I have. One sixty-seven Street. It's my understanding that the Commission
last time recognized that the variance by the church owner may have a nonconforming use and
devalue the property of the Take One Lounge. The Commission said to change the ordinance so
that there is not a nonconforming use. That's what been done. I don't believe that the Take One
Lounge has any standing to complaine and what they are complaining of has been fixed. Thank
you.
Vice Mayor Regalado: Lourdes.
Commissioner Plummer: You know, it's... I'm...
Commissioner Gort: [inaudible]
Commissioner Plummer: Yeah, I'm doing that. But, it seems like to me that the issue was by
the liquor store that there would be in jeopardy if they ever moved or wanted to sell. But the
ordinance now has changed...
Mr. Maxwell: On first reading you've passed that.
,:,'Commissioner Plummer: Yeah, Tony, are you aware that the. ordinance has been changed which
possibly would take your client out of jeopardy.
Mr. O'Donnell: I'm aware that it passed first reading earlier today. But it has...
Commissioner Plummer: Is that the only reason you're objecting today?
Mr. O'Donnell: No. We object, and I made it clear the last time. I... My understanding from
your perspective was if the ordinance passed that you would support the church because you felt
that the major harm that you saw would be rectified for my client. Out position is, that it's not
simply the nonconforming use. That was a very serious problem with this, but that the use itself
is incompatible with our use and should not meet the standards, if there are standards, and we
believe they are not adequate standards, in your Special Exception ordinance would not meet
those standards. We also believe that there has been a shortage of 10 parking spaces on the
property in our reading of the codes. So, we have a number of objections to the special
exception. I think Mr. Singer is absolutely correct that my understanding of the sense of the
Commission at the last meeting was that you were concerned, not with our other concerns but...
Not that you weren't concerned, but that you were primarily concerned with the nonconforming
use and I got the sense of the Commission that if that were done that this Commission would
support the application. And, so I think Mr. Singer is correct on that. I just want the
Commission to know that we still object to the application whether we're nonconforming or not.
Commissioner Plummer: So, you object but not strenuously.
Mr. O'Donnell: We object in... clearly.
Commissioner Plummer: I move item-16. And, that be noted for the record that it is upon the
approval of second reading of the previous ordinates of today.
136 March 27, 1997
Ms. Slazyk: So, you want the effective date on the resolutions for 16 and 17 to match an
effective date...
Commissioner Plummer: After the others... Assuming the others passed.
Ms. Slazyk: Yes.
Mr. Maxwell: Well, what you're doing Commissioner is, making this subject to approval of the
other ordinance.
Commissioner Plummer: OK. Well, I take that very...
Mr. Maxwell: You really shouldn't do that.
Commissioner Plummer: Thank you, sir. This is scheduled for the second hearing... Second
meeting in June.
Ms. Slazyk: You want to continue this to June?
Commissioner Plummer: Yeah, then we'll know because the other item is the second meeting in
May.
Ms. Slazyk: That's true. OK.
Commissioner Gort: So, why don't you have it right after the second meeting?
Commissioner Plummer: Because he says I can't make it subject to.
Commissioner Gort: No, but you can postpone this to May 2nd.
Ms. Slazyk: May 22nd.
Commissioner Gort: I mean May 22nd.
Ms. Slazyk: After the other item on the agenda.
Commissioner Gort: After the other item.
Commissioner Plummer: Can you do that?
Mr. Maxwell: Yeah.
Commissioner Plummer: That's fine, I have no problem with it.
Commissioner Gort: Move to continue to May 22nd.
Commissioner Plummer: Second.
Commissioner Gort: All in favor...
Commissioner Hernandez: There is a motion, there is a second.
Commissioner Gort: All in favor, signify by saying "aye."
137 March 27, 1997
L
F -1
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-225
I A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM, PZ-16
(APPEAL OF SPECIAL EXCEPTION TO PERMIT CONVERSION OF EXISTING
COMMERCIAL STRUCTURE TO A PLACE OF WORSHIP AT 311-321 N.E. 79TH
STREET) TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR
MAY 22, 1997.
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
NAYS:
ABSENT:
None.
Mayor Joe Carollo
---------------------------------------------------------------------------------------------------------------
51. DISCUSS / CONTINUE TO MEETING OF MAY 22, 1997 CONSIDERATION
OF AGENDA ITEM PZ17 (APPEAL OF ZONING BOARD'S DECISION TO
PERMIT REDUCTION OF GREEN SPACE FOR PLACE OF WORSHIP --
LOCATION: 311-321 N.E.79 STREET).
Commissioner Gort: Eighteen.
Ms. Lourdes Y. Slazyk (Deputy Director, Community Planning and Revitalization Dept.):
Seventeen, we need the same thing.
Commissioner Gort: Seventeen, is moved to continue until the 22nd.
Commissioner Plummer: Which item?
Commissioner Gort: Companion items.
Commissioner Plummer: The what? Yeah.
Ms. Slazyk: The rest of the agenda was advertised for after five.
Commissioner Plummer: OK.
Commissioner Gort: We have to move on 17.
Commissioner Hernandez: I move 17.
138
March 27, 1997
Commissioner Gort: Second.
Commissioner Plummer: What is 17?
Commissioner Gort: It's a companion item.
j Commissioner Plummer: Oh, yeah. OK.
Mr. Maxwell: You are moving to continue it to May 22nd.
Commissioner Gort: Right.
Commissioner Plummer: Yeah.
Vice Mayor Regalado: There is a motion by Commissioner Hernandez and second by...
Commissioner Plummer: Me.
Vice Mayor Regalado: ... Commissioner Gort.
Mr. Maxwell: No.
Vice Mayor Regalado: All in favor say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Hernandez, who moved its adoption:
MOTION NO. 97-226
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-17
(APPEAL OF ZONING BOARD'S DECISION TO PERMIT A REDUCTION OF
REQUIRED GREEN SPACE AREA FOR A PLACE OF WORSHIP AT 311-321 N.E.
79 STREET) TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR
MAY 22, 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
NAYS: None.
ABSENT: Mayor Joe Carollo
139 March 27, 1997
----------------------------------------------------------------------------------------------------------------
52. GENERAL COMMENTS REGARDING COMMISSION'S INTENT TO
DEFER CERTAIN PLANNING & ZONING ITEMS.
Vice Mayor Regalado: You want to do now the appointments? Before we wait, you want...
Commissioner Plummer: OK, let me if I may just... because my secretary just came in. There is
a lot of people calling the office in reference to the potential deferrals. Items, what was it?
Eighteen through 27, with the exception of one.
Mr. Joel Maxwell, Esq. (Deputy City Attorney): Twenty-two.
Commissioner Plummer: Twenty-two. And, I don't even remember what that was. I think that
what we need to say because they are picking it up on Channel 9. Is, in fact that's still our
intention.
Mr. Maxwell: And those are PZ items.
Commissioner Plummer: Excuse me?
Mr. Maxwell: It's the PZ agenda.
Commissioner Plummer: PZ items 18 through 27 with the -exception of 22. It is also the
intention of this Commission and I want to make this clear again, on item 28, that that likewise
will be deferred until May the 22nd. OK, we can't do it officially until those times but I just
wanted to make... because we're getting phone calls and I am sure you are also of what is going
on, OK?
END OF DISCUSSION -- NO ACTION TAKEN
Vice Mayor Regalado: OK...
Mr. Tucker Gibbs: Mr. Mayor. Mr. Vice Mayor, may I ask one thing? Two of us are here from
the Coconut Grove Cemetery Association, on item 20, the Moriah Brown House which was
frankly, a nothing kind of issue.
Commissioner Plummer: I have nothing there but the City Attorney tells me that predicated on
the previous announcement it would be unfair if there was an objector who heard it and did not
show up here. Look...
Mr. Gibbs: Even though, Mr. City Attorney, there have been people here almost all day long
waiting for this item to speak on it.
Commissioner Plummer: Can we move it subject to no objections.
Mr. Maxwell: Well, let me... Technically, there may be individuals out there who heard your
announcement earlier and now decided not to come. However, you're not bound by that
decision so you can do it if you like.
Commissioner Plummer: I move item... What is it?
In
140
March 27, 1997
Mr. Gibbs: That's item 20.
Commissioner Plummer: I move item 20, Mr. Vice Mayor. Can't do it until five o'clock. OK.
Mr. Gibbs: OK. I appreciate it thank you. I understand. Thank you, I appreciate it.
Commissioner Plummer: I will move it at five, but it will be subject to any objector bringing the
matter back.
Mr. Gibbs: I understand that. OK, thank you.
Ms. Lucia Dougherty: Would you also do the same thing for item 27?
Mr. Maxwell: You see, you cant do...
Commissioner Plummer: Yeah, that's the problem.
Ms. Slazyk: Excuse...
Mr. Carlos Smith (Assistant City Manager/Building and Zoning): Mr. Vice Mayor.
Ms. Slazyk: PZ-18 and 19 were text amendments that were necessary for 20. These are also
second reading. They have been approved by DCA (Department of Community Affairs). They
are noncontroversal. You know, they...
-Commissioner Plummer: But we have got to get out...
Commissioner Hernandez: Why don't we do what our City Attorney recommends and that will
bring this to a conclusion.
Commissioner Plummer: What are they recommending?
Commissioner Hernandez: Ask him?
Mr. Maxwell: See, you have opened "Pandora's box" now.
Commissioner Plummer: Well, let's close the box.
Mr. Maxwell: I suggest that you say what you originally... that you were going to continue the
items, you will not hear any because you have noticed people. You have a real problem. You're
starting to pick and choose and if you use discretion that creates a problem.
Ms. Slazyk: They were text amendments necessary for Mariah Brown...
Ms. Dougherty: I am sorry, I don't mean to...
Mr. Gibbs: But, Mr. Vice Mayor could...?
Commissioner Hernandez: Commissioner Plummer, let's... I second your motion.
Commissioner Plummer: What was my motion?
Commissioner Hernandez: Your motion was to continue it. It's the will of this Commission that
come five o'clock we are going to continue all the items...
141 March 27, 1997
F
Commissioner Plummer: I have no problem with that, OK. I was trying to be fair, equitable and
not violating the intent of the law.
Vice Mayor Regalado: Do we have any problems on item-20 at all?
Commissioner Plummer: I don't have any problems but you got to do...
Vice Mayor Regalado: No, no. I mean, do we have an illegal problem?
Mr. Maxwell: Well, you... No, sir. You aren't bound. You aren't absolutely bound by the early
decision to defer the items. But, what's happening now is, you pick the one and then other are
coming in now asking for the same treatment.
Commissioner Plummer: When you open one... you're opening the rest.
Mr. Maxwell: Now, you're going to have a problem. You have several... many items now that
you may hear when you've now advised people you weren't going to hear. I suggest to you that
you are creating a problem that may blow up on you.
Commissioner Plummer: I... 1.
Vice Mayor Regalado: I understand.
Mr. Gibbs: Mr. Vice Mayor, may I just address one thing? And, that is, this Commission did
not vote on any of that. There was a statement made, and the point is, is that people are relying
on your printed notice, your agenda that you are going to hear this item. Now, the fact that you
all said that you were going to wait until five to make that decision should not sway anybody out
there watching on TV that these items wouldn't be brought up. I think you have a... You know,
people are here waiting because they took that responsibility.
Commissioner Plummer: Tucker, what's the rush.
Mr. Gibbs: I... Honestly, I believe that we...
Commissioner Plummer: I mean people in the cemetery are not going anywhere.
Mr. Gibbs: Oh, no. It's the Mariah Brown House. Quite frankly, we're starting construction
and we would like to be able to have this over with. That's the important thing, and we're not
the only ones. I know the Marjorie Stillman -Douglas people also.
Vice Mayor Regalado: OK, Tucker just one second. Mr. City Attorney, go ahead.
Mr. Maxwell: Yes, sir. I suggest you may want to hear from staff. It's my... I have been
informed that there are two items that you are definitely going to continue that are items
proceeded necessary before you even address 20. So, if you're not going to hear the other two,
you should not, or you cannot even hear 20. Staff may want to put it on the record.
Vice Mayor Regalado: OK. Sorry, Tucker.
Ms. Slazyk: What I would be concerned of is that we would be in violation of our comp plan.
Eighteen and 19 are the text amendments necessary.
Commissioner Plummer: Say no more. It's...
142 March 27, 1997
i—
END OF DISCUSSION -- NO ACTION TAKEN
-------------------------------- -------------------------------------------------------------------------------
53. APPOINT DORIS K. SCHEER TO PLANNING ADVISORY BOARD -- SEE
LABEL 27 & 56 -- DIRECT CITY CLERK TO READVERTISE.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: The appointments.
Vice Mayor Regalado: OK, let's do now the appointments.
Commissioner Plummer: Item 6. I have already recommended and I'll recommend again, Doris
Scheer. And, I'll leave the other vacant.
Commissioner Hernandez: Hold on.
Vice Mayor Regalado: Wait, wait, wait.
Commissioner Plummer: What do you mean, wait, wait, wait?
Vice Mayor Regalado: I can find it.
Commissioner Plummer: You don't like Doris Scheer? Tell her so.
".,Vice Mayor Regalado: I can't find it: Oh, that's the Planning Advisory Board.
Commissioner Plummer: Item-6, is the first appointment on the agenda.
Vice Mayor Regalado: Oh.
Commissioner Hernandez: Mr. Clerk, I'd like to... since we had spoken about this before we
broke. Just to direct you to reopen the register so I can have some other people to apply.
Mr. Walter J. Foeman (City Clerk): OK, you are going to instruct me to go back out and
readvertise?
Commissioner Hernandez: Yes, please.
Mr. Foeman: OK.
Commissioner Plummer: Well, but I can still make my appointment?
Mr. Foeman: Sure.
Commissioner Plummer: OK. Gort, you got one?
Vice Mayor Regalado: OK. I don't have one, so I will have to defer. So, there is a motion on
the appointment of Commissioner Plummer. All those in favor...
Commissioner Hernandez: Who move this and second it?
Vice Mayor Regalado: I moved it.
143 March 27, 1997
Commissioner Plummer: Item-6.
Vice Mayor Regalado: Item-6.
Commissioner Plummer: The next item on item-7.
Vice Mayor Regalado: Wait, wait, wait. There is a second by...
Commissioner Gort: Second.
Vice Mayor Regalado: Commissioner Gort. All in favor say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-227
A MOTION APPOINTING DORIS K. SCHEER TO THE PLANNING ADVISORY
BOARD.
Note for the Record: M97-227 is incorporated as part of R97-229. Ms. Scheer was
nominated by Commissioner Plummer.
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
NAYS: None.
ABSENT: Mayor Joe Carollo
----------------------------------------------------------------------------------------------------------------
54. APPOINT HENRY CRESPO, SR. / ILEANA HERNANDEZ ACOSTA/
GLORIA M. BASILA TO ZONING BOARD.
----------------------------------------------------------------------------------------------------------------
i
j Commissioner Plummer: On Item-7, I will nominate Gloria Basila and leave the second one
vacant.
I
Commissioner Gort: Item...
Vice Mayor Regalado: Item-7, I will nominate Henry Crespo, Sr.
Commissioner Hernandez: Second.
Commissioner Gort: I have a question on Item-7. It is my understanding the applicant says
"application received passed deadline." Can I still move on it or I have to ?
144 March 27, 1997
L
Mr. Walter J. Foeman (City Clerk): Yeah. As in the past, we proffered those applications to you
for your consideration.
Commissioner Gort: So, we can go ahead and do it?
Mr. Foeman: We've done it in the past.
Commissioner Gort: OK. Illeana Hernandez Acosta.
Vice Mayor Regalado: OK, do you have any appointments, Commissioner?
Commissioner Plummer: I move the names proffered be accepted.
Vice Mayor Regalado: OK, there is motion by Commissioner Plummer, second by
Commissioner Gort. All in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-228
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
REGULAR MEMBERS AND AS AN ALTERNATE MEMBER OF THE ZONING
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
NAYS: None.
ABSENT: Mayor Joe Carollo
----------------------------------------------------------------------------------------------------------------
55. DISCUSS APPOINTMENTS TO FEDERAL ENTERPRISE COMMUNITY
COUNCIL. -- SEE LABEL 57.
--------------------- ------------------------------------------------------------------------------------------
Commissioner Plummer: My appointments on Item-8, I'll continue.
Vice Mayor Regalado: I have an appointment in Item-8 for Little Havana. The Federal
Enterprise Community Council, Dr. Edgar Macias,
145 March 27, 1997
L
F
Commissioner Gort: On Item-8. I have made this appointment previously. I don't have to make
it, do I?
Commissioner Plummer: No, not if you did it before.
Mr. Walter J. Foeman (City Clerk): Well, you had two appointees that declined to serve. Elisio
Diaz...
Commissioner Plummer: On Item-8, Gort has no appointments to make.
Mr. Foeman: No. He prior... Subsequent to his appointment, two of his appointments refused to
serve.
Commissioner Plummer: Oh.
Mr. Foeman: They tendered letters of refusal.
Commissioner Gort: Who were they?
Mr. Foeman: Elisio Diaz and Alberto Jenkins in Model City.
Commissioner Gort: Well, I didn't receive a copy of that.
Mr. Foeman: Well, they declined to serve.
Commissioner Gort:- OK. Alberto Jenkins -declined, you need someone else in there. And who
else?
Mr. Foeman: Elisio Diaz.
Commissioner Gort: Elisio Diaz.
Mr. Foeman: From the Little Havana target area.
Commissioner Plummer: Carry it over to the next meeting, Willy.
Commissioner Gort: Yeah, but these people they need... Elisio Diaz, you mean, OK.
Unidentified Speaker: We never received anything in writing.
Commissioner Gort: We never received copy in writing from these people.
Mr. Foeman: Well, they were in communications with somebody from our staff and we...
Commissioner Gort: Do you have it in writing that they resigned.
Unidentified Speaker: They left a phone message.
Mr. Foeman: I was told we received verbal communications to the office, that they refused to
serve.
Commissioner Gort: Well, I...
146 March 27, 1997
F
Mr. Foeman: Well there were nominations. They were proffered for consideration but they
refused to serve.
----------------------------------------------------------------------------------------------------------------
56. APPOINT TESSY GARCIA-SMITH TO PLANNING ADVISORY BOARD --
SEE LABEL 27 & 53.
----------------------------------------------------------------------------------------=-----------------------
Mayor Carollo: I have two appointments to the Planning. I'm going to name one now. One will
be Tessi Garcia -Smith.
Commissioner Plummer: Moved the name be approved.
Commissioner Gort: Second.
Mayor Carollo: All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No nays. You've got enough people now, J.L.?
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-229
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
REGULAR MEMBERS AND AS AN ALTERNATIVE MEMBER OF THE
PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
147 March 27, 1997
----------------------------------------------------------------------------------------------------------------
57. APPOINT EDGAR MACIAS TO FEDERAL ENTERPRISE COUNCIL.
Commissioner Plummer: What about Zoning? Joe, we did Zoning. Have you got one for
Zoning?
Mayor Carollo: I'm going to hold off for Zoning.
Commissioner Plummer: OK.
Vice Mayor Regalado: We are doing now the Item-8.
Commissioner Plummer: I've continued mine.
Vice Mayor Regalado: OK. Did we vote on Item-8, Mr. Clerk?
Mr. Walter J. Foeman: We have a mover and a seconder. We need a roll call.
Mayor Carollo: I'm going to continue mine and the others.
Vice Mayor Regalado: There is a motion and a second. OK. All in favor say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Mayor Regalado, who moved its adoption:
RESOLUTION NO. 97-230
A RESOLUTION NOMINATING CERTAIN INDIVIDUALS TO REPRESENT THE
NEIGHBORHOODS OF ALLAPATTAH, LITTLE HAVANA, MODEL CITY,
OVERTOWN AND WYNWOOD, FROM WHICH SAID NOMINEES, ALONG WITH
NOMINEES PREVIOUSLY PROFFERED, 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.)
148
March 27, 1997
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.
------------------------ ---------------------------------------------------------------------------------------
58. DISCUSS / DEFER APPOINTMENT TO AFFORDABLE HOUSING
ADVISORY COMMITTEE.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Item-9. Where are we?
Commissioner Hernandez: Nine is an At -Large appointment to the Miami Affordable Housing
Advisory Committee. I move to defer this one. I don't think anyone has an appointment.
;Commissioner Plummer:, -,All right: Then we're on Item-10.
Vice Mayor Regalado: Second.
Commissioner Plummer: Yeah.
Vice Mayor Regalado: All in favor say "aye."
The Commission (Collectively): Aye.
149 March 27, 1997
The following motion was introduced by Commissioner Hernandez, who moved its adoption:
MOTION NO.97-231
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 9 (APPOINTING
AN INDIVIDUAL TO SERVE AS MEMBER OF THE CITY OF MIAMI
AFFORDABLE HOUSING ADVISORY COMMITTEE).
Upon being seconded by Vice Mayor Regalado, 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.
----------------------------------------- --------------------------------------------------------------
59. APPOINT JOSEPH DOWLING TO AUDIT ADVISORY COMMITTEE.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Ten is Carollo, Regaldo and Hernandez on ten.
Commissioner Hernandez: On ten, I have... My appointment is Joseph Dowling (D-O-W-L-I-
N-G).
Commissioner Plummer: I move that the name proffered be accepted or approved.
Commissioner Gort: Second.
Vice Mayor Regalado: There is a motion. All in favor say "aye."
The Commission (Collectively): Aye.
150 March 27, 1997
L
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.97-232
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE MIAMI AUDIT ADVISORY COMMITTEE FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
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.
= ----------------------------------------------------------------------------------------------------------------
60. APPOINT LOU WEXLER TO BUDGET & FINANCES REVIEW
COMMITTEE.
Commissioner Plummer: Item-11, is Humberto only.
Commissioner Hernandez: Eleven. Louis Wechsler.
Commissioner Plummer: Move the name proffered be accepted.
Vice Mayor Regalado: Second. There is a motion and a second. All in favor say "aye."
The Commission (Collectively): Aye.
151
L
March 27, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-233
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF
THE BUDGET AND FINANCES REVIEW COMMITTEE FOR A TERM AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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.
---------------------------------------
61. APPOINT FRED ST. AMAND TO CITYWIDE COMMUNITY
DEVELOPMENT ADVISORY BOARD.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Twelve. It's Commissioner Gort's.
Commissioner Gort: That's already done.
Commissioner Plummer: And who is the elected member recommended.
Mr. Walter J. Foeman (City Clerk): Fred Amand won by an election, Commission directed. The
administration go back out for an election in November.
Commissioner Plummer: Gort that's yours.
Commissioner Gort: Reads if there is any two. Yeah, I'll pass on this one.
Commissioner Plummer: Pass on 12.
Mr. Foeman: Are you going to confirm Fred St. Amand? He was the confirmation.
Commissioner Gort: Wait, wait, wait.
Commissioner Plummer: Thirteen. Thirteen is Gort, Regalado and Hernandez.
Commissioner Gort: I'll pass can 13,
152 March 27, 1997
L
Commissioner Hernandez: I have mine on 13. (phonetic).
Vice Mayor Regalado: I have got mine.
Mr. A. Quinn Jones, III, Esq. (City Attorney): On clarification on 12, you didn't want to confirm
the Amand?
Mr. Walter J. Foeman (City Clerk): There was a confirmation for Fred St. Amand. The
Commission had directed back in November that we have an election and he was the winner.
Commissioner Plummer: Well, who was the winner?
Mr. Foeman: Fred St. Amand.
Commissioner Plummer: Well, if that's what instructed then that should have been automatic.
Mr. Jones: Yeah, you still need to confirm...
Mr. Foeman: No, we have to do it by resolution, sir.
Commissioner Plummer: I move to approve that name.
Vice Mayor Regalado: OK. Second.
Mayor Carollo: There is a motion, second. All those in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No nays.
153 March 27, 1997
L
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-234
A RESOLUTION APPOINTING AND CONFIRMING THE ELECTION OF 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 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.
= ----------------------------------------------------------------------------------------------------------------
62. APPOINT MARICELA CURBELO / SUSANNE TORRIENTE / NILSA
VELASQUEZ / CLARA PORTER / MARY FERRELL / GLADYS
FERNANDEZ / ANA MARIA CHARTRAND TO COMMISSION ON STATUS
OF WOMEN.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Regalado: On 13, I have three names for the Status of Women. Commissioner
Hernandez.
Commissioner Hernandez: Yeah, I have got my five. Nilsa Velasquez, Clara Porter (P-O-R-T-
E-R). Mary Ferrell (F-E-R-R-E-L-L), Gladys Fernandez and Ana Maria Chartrans (C-H-A-R-T-
R-A-N-S).
Mayor Carollo: OK, there is a motion, there is a second by Commissioner Gort.
Vice Mayor Regalado: I have three appointments Mr. Mayor. Maricela Curbelo, Susanne
Torriente and Annette Eisenberg.
Mayor Carollo: OK, anybody else?
Commissioner Plummer: We are... Hold it, hold it.
Vice Mayor Regalado: I know that she was appointed by Commissioner Dunn and she wants to
remain...
Commissioner Plummer: On where?
154 March 27, 1997
L
Vice Mayor Regalado: On the Status of Women. I don't know whether... Can she be on two
boards Mr. City Clerk?
Commissioner Plummer: I would ask that be deferred.
Vice Mayor Regalado: I'm sorry.
Mr. Walter J. Foeman (City Clerk): The City Attorney has rendered an advisory opinion. It's an
advisory board but that's his...
Commissioner Plummer: I would ask that be deferred.
Vice Mayor Regalado: OK. No problem. Then I would appoint two. Maricela Curbelo and
Susanne Torriente.
Mayor Carollo: OK, plus the ones that Commissioner Hernandez mentioned. All in favor
signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Mayor Regalado, who moved its adoption:
RESOLUTION NO. 97-235
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 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.
----------------------------------------------------------------------------------------------------------------
63. CONTINUE DISCUSSION OF COMMUNITY REDEVELOPMENT AGENCY
(CRA) TRANSFER OF LAND UNDER MIAMI ARENA.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Mr. Bailey, we've just been informed that Holland and Knight just signed the
documents that we needed to be signed. So, I don't know what happened, why we were told that
they had been told by the client not to execute the documents.
155 March 27, 1997
Mr. Herb Bailey (Executive Director/Community Redevelopment Agency/CRA): That's
incorrect Mayor.
Mayor Carollo: But, well...
Mr. Bailey: I was happened to be looking at the Commission meeting on television when I was
signing the documents getting ready to hand deliver them to the City Attorney's office and we all
said, "what is he talking about?" You just gave me the authorization this morning when you
passed the resolution to...
Commissioner Plummer: You were on the wrong channel.
Mr. Bailey: I don't know. You just gave me the authorization this morning to sign them. They
were delivered to my office at 2:30, at quarter to three they were signed. I have them here to
make sure that you have them because the last time we took the documents there it was ten days
before they let you know they were there and they said they weren't.
Mayor Carollo: Mr. Bailey, all that I could say to you is what was related to me was that the
attorney for Holland and Knight stated that he was given the instructions not to sign and...
Mr. Bailey: I'm not saying that...
Mayor Carollo: ... that he was not authorized rather by the client to sign. Now, the client is the
CRA board directors and the CRA board directors said that that's what should have been done
this morning. So...
Mr. Bailey: He helped draft the documents.
Mayor Carollo: ... having heard that, that of course concerned me greatly. And, I'm glad that
regardless of which way it came about that they were signed and it is a mute situation right now.
Mr. Bailey: Well, I just want to give them to you. They're here.
Mayor Carollo: I appreciate it.
Mr. Bailey: OK.
Mayor Carollo: If you would I will feel a lot better. Because that represents six million dollars
($6,000,000) to the City of Miami that we need.
Mr. Bailey: The resolution is not in our hands. That has to be signed by... [inaudible]
Mayor Carollo: Thank you very much, I appreciate it.
Mr. Bailey: It was signed fifteen minutes after we got it.
Mayor Carollo: Thank you, Mr. Bailey.
END OF DISCUSSION -- NO ACTION TAKEN
156 March 27, 1997
F
--------------------------------------- ------------------------------------------------------------------------
64. (A)DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 14
(APPOINTMENTS TO LATIN QUARTER REVIEW BOARD.
(B)COMMISSIONER GORT COMMENTS ON STRICTNES OF ORDINANCE
REGARDING REQUIREMENTS TO BELONG TO ABOVE CITED
BOARD.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Where are we?
Commissioner Hernandez: Fifteen. I mean 14, 14.
Commissioner Gort: Fourteen.
Commissioner Plummer: They are both Joe's.
Commissioner Gort: Mr. Mayor?
Mayor Carollo: Mr. City Clerk, I'm sending these papers over to you now, sir.
Mr. Walter J. Foernan (City Clerk): OK.
Mayor Carollo:-So, the City Manager can duly sign them.
Commissioner Hernandez: Do you have any appointments for the Latin Quarter Review Board.
Mayor Carollo: No, I do not.
Commissioner Gort: Mr. Mayor?
Mayor Carollo: Yes, go ahead, sir.
Commissioner Gort: On this Latin Quarter Review Board, Luft. Jack, if I remember correct,
this ordinance of the Latin Quarter was passed ten years ago, twelve years ago.
Mr. Jack L. Luft (Director, Community Planning & Revitalization Dept.): At least.
Commissioner Gort: OK. Unfortunately, what I find is, that things have changed quite a bit
from the moment that we passed that ordinance to today. My understanding is, and I have talked
to a lot of developers, they are having a lot of problems building in that area because of so much
strictness in the code.
Mr. Luft: Yes.
Commissioner Gort: I think somehow your department should revise that.
Mr. Luft: OK.
Commissioner Gort: And take another look at it because I know a lot of people are staying out
of the area because... with the cost of construction in the area, OK?
157 March 27, 1997
F
Mr. Luft: All right. I'm aware of that, I agree with you and I have had discussions with my staff
about amending that code to try to make it a little more friendly for redevelopment, yes.
Commissioner Gort: My understanding, we have lost two major businesses, national businesses
because of the strictness of the ordinance. So, could you check on that please?
Mr. Luft: OK, we'll report back to you at the next PZ ( Planning and Zoning) meeting on what
we feel we can do with the amendment to that Latin Quarter area.
Commissioner Gort: Thank you, sir.
Mr. Luft: OK.
Vice Mayor Regalado: Item 15.
Commissioner Plummer: Regalado...
Commissioner Hernandez: I move to defer Item-14.
Commissioner Plummer: OK.
Commissioner Gort: Second.
Commissioner Plummer: Second.
Vice Mayor Regalado: There is a motion by Commissioner Hernandez, second by
Commissioner Plummer. All in favor, say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-236
A MOTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF
THE LATIN QUARTER REVIEW BOARD FOR TERMS AS DESIGNATED
HEREIN.
158 March 27, 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.
----------------------------------------------------------------------------------------------------------------
65. APPOINT YVES FORTUNE / JOSE DEGOTI, JR., TO STREET
CODESIGNATION REVIEW COMMITTEE.
Vice Mayor Regalado: Item-15. I have Miami Street Codesignation and I have a name. Yves
Fortune. I will give you the list. OK, you got it.
Commissioner Hernandez: I have Jose DeGoti (D-E-G-O-T-I), Jr.
Commissioner Plummer: � I move the names proffered he accepted.
Mr. A. Quinn Jones, III Esq. (City Attorney): Could you repeat the spelling on that for me?
Commissioner Gort: D-E AND G-O-T-I, Junior.
Vice Mayor Regalado: There is a motion and a second. All in favor say "aye."
The Commission (Collectively): Aye.
159 March 27, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-237
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE
FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
----------------------------------------------------------------------------------------------------------------
66. -APPOINT JOSE DEGOTI, SR., TO TAX EXEMPT PROPERTY STEERING
COMMITTEE.
Vice Mayor Regalado: Sixteen. The Tax -Exempt Property. Commissioner Hernandez and the
Mayor has one appointment.
Commissioner Hernandez: For the Tax -Exempt Property, I have Jose Degoti again, but senior.
Commissioner Plummer: Move the names proffered be accepted.
Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gort. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
160 March 27, 1997
F
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.97-238
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE TAX-EXEMPT PROPERTY STEERING COMMITTEE FOR
TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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.
----------------------------------------------------------------------------------------------------------------
67. APPOINT TRENESE J: TURNER TO UNITY COUNCIL OF MIAMI.
Commissioner Plummer: Seventeen is Humberto only.
Commissioner Hernandez: I move. Hold on a second. My appointment is Ms. Trenese J.
Turner. Trenese is spelled T-R-E-N-E-S-E J. Turner (T-U-R-N-E-R).
Commissioner Plummer: Move the name proffered be accepted.
Commissioner Gort: Second.
Mayor Carollo: There is a motion, there is a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
161 March 27, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-239
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 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.
- ---------------------------------------------- -----------------------------------------------------------------
68. APPOINT VIVIAN GOMEZ / JOHN CROOK / CAPT. COURBIER TO
WATERFRONT ADVISORY BOARD.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Where were we now?
Vice Mayor Regalado: Eighteen.
Commissioner Plummer: Eighteen.
Vice Mayor Regalado: The Waterfront Advisory Board. I have an appointment. Vivian
Gomez.
Commissioner Plummer: All right. And, I would like if I may? I would like to move that my
previous appointment of Mr. John Crook be moved up, at the untimely death of Mr. Bob Lewis
i
to a permanent member and put in Captain Jim Coubier as the alternate.
Mayor Carollo: OK. There is a motion, second by Commissioner Gort. All in favor signify by
saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No nays.
162 March 27, 1997
F
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.97-240
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
REGULAR MEMBERS AND AS AN ALTERNATE MEMBER OF THE
WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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.
-------------------------------------------------------
69. APPOINT LUISA MURAI /
HEISENBOTTLE TO HISTORIC &
BOARD.
--------------------------------------------------------
LOURDES SOLERA / RICHARD
ENVIRONMENTAL PRESERVATION
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Now, I have a couple of housecleaning items that I need to bring up...
Commissioner Plummer: Well, you want to go with 19?
Vice Mayor Regalado: We still have some appointments left.
Mayor Carollo: OK, we have 19, go ahead.
Vice Mayor Regalado: Yeah, 19, it's the Historic Board. I have an appointment as architect. It
would be Luisa Murai and as citizen Lourdes Solera.
Commissioner Plummer: Move the names proffered be accepted.
Commissioner Hernandez: Second. I have Richard Heisenbottle.
Commissioner Plummer: For that same board?
Commissioner Hernandez: For that same board. He is an existing member. I think he has been
there for many years now.
Commissioner Plummer: Move the name proffered be accepted.
163
March 27, 1997
F
Mr. Walter J. Foeman (City Clerk): He needs a waiver also. I need a waiver on that one. That's
four -fifths vote.
Commissioner Plummer: I move that the waiver be granted.
Mayor Carollo: There is a motion. 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.97-241
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION
BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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.
----------------------------------------------------------------------------------------------------------------
70. (A) APPOINT ANDERSON CURRY / RICARDO SARMIENTO TO
AFFIRMATIVE ACTION ADVISORY BOARD.
(B) APPOINT CHARLES J. FLOWERS / IVAN BARRETT TO
AFFIRMATIVE ACTION ADVISORY BOARD.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Regalado: Twenty. The Affirmative Action Advisory Board. I have two
appointments. Ricardo Sarmiento and Anderson Curry.
Commissioner Hernandez: Move.
Mayor Carollo: Moved by Commissioner Regalado second by Commissioner Hernandez.
Commissioner Plummer: I'll pass on mine to the next meeting.
Vice Mayor Regalado: Aye.
164 March 27, 1997
The following motion was introduced by Commissioner Hernandez, who moved its adoption:
MOTION NO. 97-242
A MOTION APPOINTING ANDERSON CURRY AND RICARDO SARMIENTO AS
MEMBERS OF THE AFFIRMATIVE ACTION ADVISORY BOARD.
Note for the record: Messrs. Curry and Sarmiento were nominated by Vice Mayor
Regalado.)
(Note for the record: R 97-243 appointed Charles J. Flowers and Ivan Barrett to the
Affirmative ctio�dvisory Board. Messrs. Flowers and Barrett were nominated by
Commissioner Hernandez. Pending still are three appointments to be made: two by
mayor Carollo and one by Commissioner Plummer.
Upon being seconded by Vice Mayor Regalado, 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: Twenty-one is Joe's appointment.
Vice Mayor Regalado: Twenty-two it's...
Commissioner Plummer: What about 21?
Vice Mayor Regalado: Oh.
Commissioner Plummer: Joe?
Commissioner Hernandez: I have got two. Captain Charles J. Flowers...
Commissioner Plummer: On 21?
Commissioner Hernandez: ... and Ivan Barrett.
Commissioner Plummer: On 21?
Mr. Walter J. Foeman (City Clerk): Twenty-one, the Mayor has an appointment. I am sorry, the
Affirmative Action one.
Commissioner Hernandez: Affirmative Action Advisory Board, Captain Charles J. Flowers and
Ivan Barrett. B-A-R-R-E-T-T.
Commissioner Plummer: I move the names proffered be accepted.
165 March 27, 1997
i
Mayor Carollo: 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. 97-243
A RESOLUTION APPOINTING AND CONFIRMING THE APPOINTMENT OF
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 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.
----------------------------------------------------------------------------------------------------------------
71. DISCUSS / DEFER APPOINTMENT TO COCONUT GROVE PARKING
ADVISORY COMMITTEE.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Twenty-one is Joe's appointment.
Mayor Carollo: I think I'll hold mine for the next meeting. [phonetic]
Commissioner Plummer: OK.
Commissioner Hernandez: Move to defer.
Commissioner Plummer: I'm not trying to lobby for anybody but I think that the one that was
previously there Joe? Ivan Fernandez, I don't know if you know him or not? OK, he was the
man who was the police in charge of the Glass House, correct? Ivan Fernandez, and did one hell
of a job until his retirement. The whole thing?
Unidentified Speaker: South Dixie...
Commissioner Plummer: Yeah. He was very, very good. I'm not trying to lobby for him. I
don't even know if he would be interested in moving again. But, I'm just saying for that
individual for consideration.
166 March 27, 1997
L
Mayor Carollo: Do we have any other appointments? Does anybody have any?
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
72. APPOINT JACK PEEPLES / JIMMY MORALES TO DOWNTOWN
DEVELOPMENT AUTHORITY.
Commissioner Plummer: Twenty-two.
Vice Mayor Regalado: Yes, I do.
Commissioner Plummer: Twenty-two, Downtown Development Authority. State of Florida,
that goes without saying. They make their own, why are we?
Commissioner Gort: I think we have one that is at -large, which is Marge Smith, which I highly
recommend.
Mr. Walter J. Foeman (City Attorney): What the State of Florida doe
Commissioner Plummer: No, no.
Mr. Foeman: — they recommend you confirm their recommendation.
Commissioner Plummer: But doesn't it have to be the ones who?
Mr. Foeman: It's...
Commissioner Plummer: Did they recommend, Willy?
Mr. Foeman: Yeah. They recommended you and you confirmed that. And, the State is
recommending Jack Peoples.
Commissioner Plummer: OK. And the other one from Dade County?
Mr. Foeman: And, the Dade County is recommending Jimmy Morales.
Commissioner Gort: Move it.
Commissioner Plummer: Second.
Mayor Carollo: There is a motion, there is a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
167 March 27, 1997
L
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-244
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE DOWNTOWN DEVELOPMENT AUTHORITY 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.
----------------------------------------------------- -----------------------------------------------------
73. APPOINT ORLANDO SILVA TO HEALTH FACILITIES AUTHORITY.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Regalado: Twenty-three. I have an appointment for the Health Facilities Authority
and that would be Dr. Orlando Silva.
Commissioner Hernandez: Move it.
Mayor Carollo: OK. There is a motion, second. All those in favor signify by saying "aye."
The Commission (Collectively): Aye.
168 March 27, 1997
L
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-245
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 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
i
NAYS: None.
ABSENT: None.
--------------
APPOINT PIERRE RUTLEDGE TO NUISANCE ABATEMENT BOARD.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Twenty-four.
Vice Mayor Regalado: I have an appointment for this board. No, I do not. I have to defer that.
Commissioner Hernandez: I have Pierre Rutledge on 24, for the Nuisance Abatement Board.
Commissioner Plummer: Ho, ho, ho.
Mayor Carollo: There is a motion, there is a second by Commissioner Plummer.
Commissioner Plummer: I love it.
Mayor Carollo: All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No nays.
169 March 27, 1997
L
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-246
A RESOLUTION APPOINTING CERTAIN 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 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.
" - ----------------------------------------------------------------------------------------------------------------
75. (A) APPOINT HENRY COURTNEY TO PERFORMING ARTS CENTER
TRUST.
(B) NOMINATE RUTH GREENFIELD TO PERFORMING ARTS
CENTER TRUST -- RECOMMEND NAME TO NOMINATING
COMMITTEE.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, on 25, the three names that are proffered, Mr. Courtney
has served on that board representing this City for quite some time. I think he's done a very
good job and I would like to proffer that he be reappointed.
Vice Mayor Regalado: Second.
Commissioner Hernandez: I would like to second it, too.
Mayor Carollo: There is a motion, there is a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No nays.
170 March 27, 1997
L
F
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-247
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF
THE PERFORMING ARTS CENTER TRUST FOR A TERM AS DESIGNATED
HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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.
... Commissioner Plummer: Twenty-six.. Miami River.
Mr. Foeman: There is one more appointment with the Performing Arts Center. The
Commission may proffer a name to be forwarded to the PACT (Performing Arts Center Trust)
for your vacancy, Commissioner Plummer.
Commissioner Plummer: Yes.
Mr. Foeman: OK.
Commissioner Plummer: That would be Mr. Courtney.
Mr. Foeman: OK. There are two vacancies. Mr. Courtney was on... His term had expired and
he was included in the slate that the PACT had...
Commissioner Plummer: I proffered to this Commission once before, what is her name, the
lawyer?
Commissioner Gort: Lucia.
Commissioner Plummer: No. Iona...
Mr. Foeman: Rick Rodriguez Pena. You proffered...
Commissioner Plummer: She married the Diego Suarez.
Mr. Foeman: You proffered...
Vice Mayor Regalado: No, she was appointed by the County and she declined...
171 March 27, 1997
—j.
Mr. Foeman: Oh, yes. Laura Deyano (phonetic). But, the County appointed...
Vice Mayor Regalado: Laura Deon was appointed by the County.
Mr. Foeman: ... by the County.
Commissioner Plummer: All right.
Commissioner Gort: Mr. Mayor, the person that we had to select from these names, my
understanding is, here Ruth Greenfield, Wakosky Greenfield has done a tremendous job with
Miami Dade in the downtown area and . And, she has requested of us many
times to be appointed and I think... She lives in the City of Miami and she will be a good
representative.
Commissioner Plummer: Who?
Unidentified Speaker: Ruth Greenfield.
Commissioner Plummer: Willy? As you know, she serves with honor and a privilege to have
her on my Bayfront Park Board. And, she is very, very active. Have you talked to her about it?
Commissioner Gort: No.
Commissioner Plummer: Why don't you proffer her name and give her the choice?
Commissioner Gort: All right. So moved.
Mr. Foeman: So, this name will be proffered to the PACT and come back with the slate of three.
Commissioner Plummer: That's fine. You know, anybody that understands that, that board
meets, I mean, unbelievable amount of times. Unbelievable. Special meetings and then they put
you on a committee or one or two committees and you're meeting with a full board and
committee meetings and it's incredible, the amount of time they are putting in.
Mr. Foeman: Can we take a roll call on that?
Commissioner Hernandez: Yes.
Mr. Foeman: I need a movent and a seconder.
Commissioner Hernandez: I moved.
Mr. Foeman: OK. Roll call.
172 March 27, 1997
The following motion was introduced by Commissioner Hernandez, who moved its adoption:
MOTION NO.97-248
A MOTION NOMINATING RUTH GREENFIELD AS A CANDIDATE FOR
APPOINTMENT TO THE PERFORMING ARTS CENTER TRUST; SAID NAME
RECOMMENDED TO THE PERFORMING ARTS CENTER TRUST NOMINATING
COMMITTEE FOR INCLUSION IN ITS NEXT SLATE OF NOMINEES FOR
COMMISSION CONSIDERATION.
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.
------------------------------------------------------ ----------------------------------------------------------
:.,-.76: APPOINT ROSSANA RODRIGUEZ,. VILAR TO MIAMI RIVER
COORDINATING COMMITTEE.
Commissioner Hernandez: On 26, Mr. Mayor, I would like to make a recommendation of the
Commission, if there is no other name? It's a young lady name Rossana Rodriguez. Her and her
parents own a good amount of property on the river. They have been investing a lot of money on
the river and would like to get active in whatever committees currently at -large in the City of
Miami. And, I think this would be a good appointment.
Commissioner Plummer: Move the name proffered be accepted.
Mayor Carollo: There is a motion, there is a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
173 March 27, 1997
F
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-249
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF
THE MIAMI RIVER COORDINATING COMMITTEE FOR A TERM OF OFFICE 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 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.
----------------------------------------------------------------------------------------------------------------
77. APPOINT COMMISSIONER HUMBERTO HERNANDEZ TO
METROPOLITAN DADE COUNTY COMMUNITY ACTION AGENCY
BOARD.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Any other names?
Commissioner Plummer: Twenty-seven is the Metropolitan Dade County Community Action
Agency. That should be who? A name or a Commissioner?
Commissioner Gort: A Commissioner.
Mr. Foeman: It has to be an elected official. A Commissioner.
Commissioner Plummer: I nominate Humberto Hernandez.
Mayor Carollo: There is a motion, there is a second by...
Commissioner Gort: Second.
Mayor Carollo: ... Commissioner Gort.
Vice Mayor Regalado: Second.
Mayor Carollo: All in favor signify by saying "aye."
174
March 27, 1997
The Commission (Collectively): Aye.
Mayor Carollo: Unanimous. No nays.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-250
A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE
METROPOLITAN DADE COUNTY COMMUNITY ACTION AGENCY BOARD.
(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.
----------------------------------------------------------------------------------------------------------------
78. (A) APPOINT RAYMOND MCELROY / JACQUELINE COTARELO TO
CODE ENFORCEMENT BOARD.
(B) APPOINT CHICK McEWAN / ANN CARLTON TO CODE
ENFORCEMENT BOARD.
Vice Mayor Regalado: Twenty-eight, I have two appointments for Code Enforcement Board.
That would be Raymond McElroy and Jacquelin Cotarello.
Commissioner Hernandez: Move it.
Mayor Carollo: There is a motion, there is a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
175 March 27, 1997
The following motion was introduced by Vice Mayor Regalado, who moved its adoption:
MOTION NO. 97-251
A MOTION A MOTION APPOINTING RAYMOND MC ELROY AND
JACQUELINE COTARELO AS MEMBERS OF THE CODE ENFORCEMENT
BOARD.
(Note for the Record: Mr. Mc Elroy and Ms. Cotarelo were nominated by Vice Mayor
Regalado.)
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.
Vice Mayor Regalado: Wait. Commissioner Gort has some appointments.
Commissioner Gort: I have two.
Vice Mayor Regalado: Commissioner Gort has some appointments.
Commissioner Gort: Yeah, I have Chuck McEwan and Ann Carlton.
Commissioner Plummer: So, I get the alternate, right?
Commissioner Hernandez: I move the names proffered.
Commissioner Plummer: I'll come up with the alternate next meeting.
Mayor Carollo: There is a motion, there is a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
176 March 27, 1997
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-252
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
REGULAR MEMBERS AND AS AN ALTERNATE MEMBER OF THE CODE
ENFORCEMENT 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.
----------------------------------------------------------------------------------------------------------------
79. DEFER APPOINTMENT TO BAYSIDE MINORITY FOUNDATION.
----------------------------------------------------------------------------------------------------------------
Mayor CaroIlo: OK, I think that's...
Commissioner Plummer: Twenty-eight. Bayside Minority Foundation.
Commissioner Hernandez: I asked to be deferred.
Mr. A. Quinn Jones, III, Esq. (City Attorney): That's 29.
Commissioner Plummer: Oh, OK. Twenty-nine.
Commissioner Hernandez: Twenty-nine. Thirty, now.
Commissioner Plummer: We're up to 30.
Mr. Jones: You need to vote on 29, deferral.
Commissioner Hernandez: Yeah, I moved to defer it.
Commissioner Plummer: Second.
Mayor Carollo: There is a motion, there is a second for deferral. All in favor signify by saying
aye.
11
177 March 27, 1997
L
. � 1
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Hernandez, who moved its adoption:
MOTION NO. 97-253
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 29 (PROPOSED
APPOINTMENT OF AN INDIVIDUAL TO SERVE AS MEMBER OF THE MIAMI
BAYSIDE MINORITY FOUNDATION).
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.
----------------------------------------------- 7----------------------------------------------------------------
80. 1APPOINT WILLY BERMELLO / JULIAN PEREZ/HAKKI
KOROGLU/CLYDE JUDSON TO URBAN -DEVELOPMENT REVIEW
BOARD.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: On Item-30, I will reappoint Willy Bermello and I'll leave the second
one open.
Mayor Carollo: Anybody else?
Commissioner Hernandez: I have two. Julian Perez. P-E-R-E-Z. And, Hakki Koroglu, K-O-R-
O-G-L-U.
Mayor Carollo: There is a motion, there is a second.
Commissioner Gort: I have a... I would like to recommend Clyde Judson.
Commissioner Hernandez: For the record, Hakki is H-A-K-K-I.
Mayor Carollo: OK. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
178 March 27, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-254
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
REGULAR MEMBERS AND AS AN ALTERNATE MEMBER OF THE URBAN
DEVELOPMENT REVIEW BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
----------------------------------------------------------------------------------------------------------------
81. DESIGNATE MARBELLA, SPAIN, A SISTER CITY.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: I briefly need to bring some items up. It's a resolution designating the City of
Marbella, Spain as a Sister City of the City of Miami, Florida.
Commissioner Plummer: Move it.
Mayor Carollo: Moved by Commissioner Plummer.
Commissioner Gort: Second.
Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Hernandez.
Commissioner Plummer: Well, excuse me, excuse me. Moved by Commissioner Carollo
because according to our policy, he who nominates is the chairman. I second the motion.
Mayor Carollo: Can you call the roll, Vice Mayor?
Vice Mayor Regalado: Yes.
Mayor Carollo: I need another chair in that like I need a...
179
March 27, 1997
--j
F -1
The following motion was introduced by Mayor Carollo, who moved its adoption:
MOTION NO. 97-255
A MOTION RECOMMENDING TO THE SISTERS CITIES INTERNATIONAL
(COORDINATING COUNCIL) THAT MARBELLA, SPAIN BE DESIGNATED AS A
NEW SISTER CITY OF THE CITY OF MIAMI.
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.
----------------------------------------------------------------------------------------------------------------
82. APPROVE $1.4 MILLION -- DIRECT CITY MANAGER TO APPLY FOR
SAFE NEIGHBORHOOD PARKS BOND ISSUE FOR ADDITIONAL $1.4
" r MILLION FOR PARK IMPROVEMENTS -- FURTHER DIRECT MANAGER
TO NEGOTIATE TERMS FOR CONSTRUCTION.
Mayor Carollo: This one here is one that's a major housecleaning item for us. When the Sports
Authority transferred the thirteen million dollars ($13,000,000) to the City of Miami, the first
batch of money, not this last six million we are transferring. The... one of the conditions was
that the City would meet some of the obligations that the Sports Authority had and Moore Park
and Grapeland Park and "Yes Yet" centers that are going to be built there. On the Safe
Neighborhood Parks Bond issues, each of those parks were assigned one hundred and fifty
thousand dollars ($150,000) a piece plus, which is three hundred thousand. Plus, we had another
big amount that was to be used overall anywhere the City would like to, to use them. And, that it
would be approved to be used Citywide. Beyond the one hundred and fifty thousand dollars
($150,000) for each of the two parks, Moore Park and Grapeland Heights Park, this is a
resolution to approve an additional one million four hundred thousand dollars ($1,400,000) in
directing the City Manager to apply under the Safe Neighborhoods Parks Bond Issue for an
additional one million four hundred thousand dollars ($1,400,000) during the '97-'98 fiscal year
for improvements to Moore Park and during the 1998, '99 fiscal for improvements to Grapeland
Heights Park. And, the City Manager to direct the appropriate staff to negotiate with the Youth
Education and Sports, Youth Education Town, Yes Get, all the necessary terms for construction
of such facilities.
180 March 27, 1997
Commissioner Plummer: You're making the motion?
Mayor Carollo: It's a motion.
Commissioner Plummer: I second it.
Mayor Carollo: Seconded by Commissioner Plummer. Can you call the roll, Vice Mayor?
Vice Mayor Regalado: Yes. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Mayor Carollo, who moved its adoption:
RESOLUTION NO. 97-256
A RESOLUTION APPROVING AN ADDITIONAL ONE MILLION, FOUR
HUNDRED THOUSAND DOLLARS ($1,400,000) FOR IMPROVEMENTS TO
MOORE PARK AND GRAPELAND HEIGHTS PARK; DIRECTING THE CITY
MANAGER TO APPLY FOR SAID AMOUNT, UNDER NEIGHBORHOODS PARK
BOND ISSUE, FOR SAID IMPROVEMENTS TO MOORE PARK DURING THE 1997
TO 1998 FISCAL YEAR, AND TO GRAPELAND HEIGHTS PARK DURING THE
1998 TO 199 FISCAL YEAR; FURTHER DIRECTING THE CITY MANAGER TO
NEGOTIATE WITH THE YOUTH EDUCATION AND SPORTS, YOUTH
EDUCATION TOWN, AND YES GET, THE NECESSARY TERMS AND
CONDIT40NS FOR CONSTRUCTION OF SUCH IMPROVEMENTS.
(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.
L
181 March 27, 1997
F
----------------------------------------------------------------------------------------------------------------
83. (A) EMERGENCY ORDINANCE: AMEND SECTION OF ZONING
CODE TO CREATE A WAIVER PROVISION TO ALLOW FOUR
YEARLY SPECIAL EVENTS TO BE HELD AT MAYFAIR.
(B) ALLOW TWO ADDITIONAL TEMPORARY SPECIAL EVENTS BY
CLASS I SPECIAL PERMIT AT MAYFAIR DURING '97 --
FURTHER WAIVING 120 DAYS NOTICE REQUIREMENT FOR
SUCH EVENTS.
Mayor Carollo: And lastly, this is an emergency ordinance where four -fifths vote of the City
Commission is required. This states the following. Now, therefore be it ordained as Section
906.9C of the Zoning Code of the City of Miami concerning Class I -Special Permits for the
temporary special events be amended to create a waiver provision for those events on private
property by 4/5ths vote of the City Commission. That said waiver allowed for up to an
additional two events, total of four, by Class I Special Permitting lasting, a maximum of two
weeks each per year. A resolution requiring 4/5th vote of the City Commission and...
Commissioner Plummer: We got to discuss this one Joe.
Mayor Carollo: OK, sure.
.Commissioner Plummer: This is pertaining to Coconut Grove as I see it...
Mayor Carollo: That's correct.
Commissioner Plummer: .. in the second portion in reference to the Mayfair.
Mayor Carollo: Right.
Commissioner Plummer: Now, the problem is, this Commission did in fact appoint a festival
committee for Coconut Grove. And this would I think, fly in the face of that. The problem is,
you know, I have... Mayfair is a tremendous contributor to this community and I would move to
do whatever I could. But, without knowing more of the particulars of what they plan on doing,
for example, blocking the streets because your first ordinance would be stakes lasting for a
maximum of two weeks each year. Without knowing what's going to be done or are the streets
going to be tied up. I would ask that this matter be, it's got to come back before the
Commission. I'll vote for it if in fact each application would have to come back before this
Commission.
Ms. Lucia Dougherty: Mr. Mayor.
Commissioner Plummer: If not, I think we will be breaking faith with the people who put an
awful lot of time into the festival committee.
Commissioner Gort: First of all...
Commissioner Plummer: Eh?
Commissioner Gort: It should go to... festival for that.
182 March 27, 1997
Commissioner Plummer: Well, I think that. No, I'm not saying it should go before the festival
committee, OK. All I'm saying is...
Ms. Dougherty: Mr. Mayor, members of the Commission if I could respond to this issue?
Mayor Carollo: Yes, go ahead Lucia.
Commissioner Plummer: Yeah, go ahead.
Ms. Dougherty: Right now the City code says you can only have two Class I permits for special
events, right. So that means that Mayfair has already used up their two Class Its this year in one
day festival for the orchid show and a one day opening or reception for Planet Hollywood. They
are planning about ten more events this year which include a food festival, not on public
property but only on Rice Street. That's what we're talking about, private events.
Commissioner Plummer: It doesn't say that.
Ms. Dougherty: Well I... You can make it contingent only on that. Ten additional ones only...
Commissioner Plummer: Rice Street, I have no problem with that.
Ms. Dougherty: Well that's all we're talking about.
Commissioner Plummer: That's tying up their own property.
Ms. Dougherty: It is. That's all we're talking about, is private property: No public property at
all.
Commissioner Plummer: Well, excuse me. Rice Street is private property with a proviso by the
City in giving such that it had to always remained open to the public.
Ms. Dougherty: That's correct. So what they're is, they are opening...
Commissioner Plummer: If all of this...
Ms. Dougherty: Excuse me.
Commissioner Plummer: Well, well excuse me. If all of this is to take place with a stipulation
only on Rice Street, I have no problem. But it doesn't say that. If it had said that I would have
said...
Ms. Dougherty: You can stipulate to that effect right now.
Commissioner Plummer: What?
Ms. Dougherty: You can stipulate to that.
Commissioner Plummer: I stipulate. Mr. Mayor, I will move the ordinance that is proffered
about Section 906.9 with the stipulation that all of the activities must take place on Rice Street.
And let's designate, Rice Street from Grand to Florida.
Mayor Carollo: OK.
183 March 27, 1997
L
Ms. Dougherty: Fine. Thank you, very much.
Mayor Carollo: All right, there is a motion by Commissioner Plummer second by Vice Mayor
Gort. Do we need to read it again since I read it before?
Ms. A. Quinn Jones, III, Esq. (City Attorney): That's OK.
Mayor Carollo: Can you call the roll, Mr. Clerk?
Mr. Walter J. Foeman (City Clerk): Roll call.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE
9, GENERAL AND SUPPLEMENTARY REGULATIONS," SUBSECTION
906.9(c), "ACCESSORY USES AND STRUCTURES; TEMPORARY SPECIAL
EVENTS; SPECIAL PERMITS," TO PROVIDE FOR A WAIVER OF THE
LIMITATION OF TWO (2) SPECIAL EVENTS ON PRIVATE PROPERTY PER
SITE PER YEAR TO PERMIT NOT MORE THAN A TOTAL OF FOUR (4)
TEMPORARY SPECIAL EVENTS ON PRIVATE PROPERTY PER SITE PER
YEAR BY AN AFFIRMATIVE 4/5TH VOTE OF THE CITY COMMISSION;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer and seconded by Vice Mayor Regalado, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
L
184 March 27, 1997
Whereupon the Commission on motion of Commissioner Plummer and seconded by Vice
Mayor Regalado, adopted said ordinance 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.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11475.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Commissioner Plummer: Now I move the second portion of it giving Mayfair the additional for
a total of four special event Class I - Special Permits during 1997.
Vice Mayor Regalado: Second.
Mayor Carollo: It's a resolution requiring four -fifths vote.
Commissioner Plummer: Do you want ... ?- That's a resolution so you don't need to read it.
Mayor Carollo: Well, let me read it still for the record. Now, therefore be it resolved the City
Commission pursuant to Section 906.9C of the Zoning Code of the City of Miami to
permit two additional... for a total of four temporary special events by Class I -special permit
during 1997 on the property of the streets of Mayfair. Further waiving Section 54-171b(5) of
the City Code which requires the minimum of 120 days notice for special events, for the
Coconut Grove Special Events district for the above specified events. All in favor, signify by
saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No nays.
185 March 27, 1997
L
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-257
A RESOLUTION WAIVING, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE
OF THE CITY COMMISSION, IN ACCORDANCE WITH SECTION 906.9(c) OF
THE ZONING ORDINANCE, AS AMENDED, THE LIMITATION OF TWO (2)
TEMPORARY SPECIAL EVENTS ON PRIVATE PROPERTY PER SITE PER YEAR,
AND APPROVING A MAXIMUM OF FOUR (4) TEMPORARY SPECIAL EVENTS
TO BE CONDUCTED ON RICE STREET BETWEEN GRAND AVENUE AND
FLORIDA AVENUE DURING CALENDAR YEAR 1997 (THE "EVENTS"); AND IN
ACCORDANCE WITH CITY CODE PROVISIONS, WAIVING THE 120 DAY
ADVANCE NOTICE REQUIREMENT FOR SPECIAL EVENTS IN THE COCONUT
GROVE SPECIAL EVENTS DISTRICT FOR SAID EVENTS.
(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
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mayor Carollo: I don't believe there's any other items that we could take until five p.m.
Commissioner Gort: Thirty-one.
Unidentified Speaker: It's after five.
Mayor Carollo: It's after five. I am going to excuse myself from five to six p.m. Unfortunately,
I've gotten the flu again and I've had a fever all day and I have to go and try to get some
medicine, see if I could make it to the next event. So, you'll have four members then, from five
to six.
Vice Mayor Regalado: OK, we'll be back at five.
Mayor Carollo: Yeah, in about ten minutes.
[At 4:52 p.m., Mayor Carollo left the City Commission meeting.]
186 March 27, 1997
L
NOTE FOR THE RECORD: Thereupon, the City Commission
went into recess at 4:52 p.m., and reconvened at 5:16 p.m., with
all members of the City Commission, except Mayor Carollo and
Commissioner Gort found to be present.
----------------------------------------------------------------------------------------------------------------
84. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 31 (PROPOSED
MEETING OF BOARD OF DIRECTORS OF ST. HIGH OAKS VILLAGE
ASSOC) TO MEETING OF APRIL 2, 1997.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: It's five o'clock. It's five o'clock, and all is not well. St. Hugh Oaks
be deferred until the next meeting.
Vice Mayor Regalado: I am sorry.
Commissioner Hernandez: St. Hugh Oaks to be moved or deferred to the 2nd of...
Vice Mayor Regalado: Oh, OK.
Commissioner Plummer: To April the 2nd.
Vice Mayor Regalado:- OK. There is a -motion by -.Commissioner• Plummer, second by
Commissioner Hernandez. All in favor say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-258
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 31 (PROPOSED
MEETING OF THE BOARD OF DIRECTORS/OFFICERS OF THE SAINT HUGH
OAKS VILLAGE ASSOCIATION, INC.) TO THE COMMISSION MEETING
SCHEDULED FOR APRIL 2, 1997.
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None,
ABSENT: Wifredo Gort
Mayor Joe Carollo
187 March 27, 1997
F
----------------------------------------------------------------------------------------------------------------
85. (A)APPEAL OF HISTORIC & ENVIRONMENTAL PRESERVATION BOARD
DECISION TO DENY FENCE WITH GATE AT 759 N.E.57 STREET --
RECONSIDER PRIOR VOTE THAT FAILED TO GRANT APPEAL.-- SEE
LABEL 87.
(B)GRANT APPEAL WITH MODIFICATIONS FOR FENCE WITH GATE AT
759 N.E. 57 STREET -- APPLICANT: STEVEN POLAKOFF & MICHAEL
CARVER.
----------------------------------------------------------------------------------------------------------------
Unidentified Speaker: Are in 69? (phonetic).
Commissioner Plummer: No, St. Hugh Oaks. Hello? Good morning. To the applicant on this
item of the Northeast, you have as an unwritten rule, the option of one deferment, if you wish or
you can proceed at your own risk. That is your decision to make. I just wanted the record to be
clear.
Mr. Lucia Dougherty: We would like to proceed.
Commissioner Plummer: You want to proceed? How long will you take.
-:Ms. Dougherty: -My presentation will be no more than ten minutes.
Vice Mayor Regalado: OK, what?
Commissioner Plummer: I would ask...
Vice Mayor Regalado: Which item is that?
Unidentified Speaker: PZ-22.
Commissioner Plummer: Twenty-two. I would ask Vice Mayor that time limit of total, 20
minutes be applied. That anything if a decision is not reached in 20 minutes, the matter be
deferred.
Vice Mayor Regalado: OK, we'll go for that. Jack?
Mr. Jack L. Luft (Director, Community Planning and Revitalization Dept.): OK. The City
Manager is recommending that the City Commission grant the appeal of Steven Polakoff and
Michael Carver concerning a construction of a five foot fence along the west property line at the
east end of Northeast 57th Street in the Morningside Historic District subject to the following
conditions: Modification of the height of the proposed fence from five feet to four and one half
feet in height; the replacement of the CBS, that's concrete block construction posts, at the gates
with metal posts, slender, metal posts not to exceed six inches in width subject to compliance
with the South Florida Building Code, unless a structural engineering report is submitted and
approved which confirms that a wider post or column is necessary to support the gates. Three.
Commissioner Plummer: Wait, a minute. Can I stop you and ask questions?
Mr. Luft: Yes.
188 March 27, 1997
J
Commissioner Plummer: I have just been handed... Well, I guess is what they are going to be
asking for and a post to me is a pipe.
Mr. Luft: Correct. They are asking for...
Commissioner Plummer: And, you are saying that you are recommending that a pipe be there
unless otherwise noted, you would rather have a pipe than this kind of a column?
Mr. Luft: The two columns on either side of the gate...
Commissioner Plummer: Yeah.
Mr. Luft: We are recommending, the Manager is recommending that instead of the concrete
block columns, there be a metal post, slender, narrower than those columns. Unless, an
engineering report can be submitted that justifies the need, the practicality of those columns.
Commissioner Plummer: I am not an engineer.
Mr. Luft: Yes.
Commissioner Plummer: But I am going to tell you something. If I had my choice of a single
pole or columns, why would they want just a pipe in the ground?
Mr. Luft: The entire issue here is preservation of public use of the bay. And...
—Commissioner Commissioner Plummer: Well, excuse me. How wide ,is the column that is on this drawing?
Mr. Luft: Fifteen inches.
Commissioner Plummer: That much?
Mr. Luft: That's correct.
Commissioner Plummer: And, that's going to block somebody's view to the bay?
Mr. Luft: In the opinion of many of the neighbors, they would prefer to see a narrower post than
the wider column. The Manager was attempting to find a compromise, and his opinion was that
if it wasn't necessary to do the column, practically speaking, that they could get by with the post,
which was the preference of the neighbors.
Commissioner Plummer: Well, let me tell you my opinion. Maybe 15 inches is little wide for a
column. But, if I have got my choice of a column or a pipe, I know which way I am going.
Mr. Luft: You are certainly entitled to go whichever way you like. We are just suggesting what
we tried to find as a compromise.
Vice Mayor Regalado: So, your only problem is the columns, right?
Mr. Luft: It appears to be. This whole thing appears to come down to the column, yes. And the
third item...
Vice Mayor Regalado: Well, are the columns nicer to the view than the poles?
Mr. Luft: The columns are wider and therefore more of an obstruction to the view than the
posts.
189 March 27, 1997
Vice Mayor Regalado: How much of an obstruction?
Mr. Luft: About 12 inches wider per post or about nine inches wider.
Commissioner Plummer: Well, am I talking about a galvanized pipe?
Mr. Luft: You are talking about a steel post, not unlike the rest of the posts that hold the picket
fence up, OK. A little bit larger to hold the gates and we do recognize that this is direct exposure
to the bay and wind loading at this point can be an issue and there has been in the opinion of the
applicant, some unsatisfactory experience with metal posts trying to hold up gates in that soil
where it tends to settle there is a lot of muck. And, so there was an engineering question of
practicality of trying to go with the metal posts, they need... They felt they needed a little bit
bigger column, OK?
Commissioner Plummer: Go ahead, I know what you...
Vice Mayor Regalado: OK, J.L. the will of this Commission expressed by you is to set a time
limit to this discussion and we have been about 20 minutes...
Commissioner Plummer: I'll shut up.
Vice Mayor Regalado: ... or no, ten minutes already. So, anybody who would not like the
columns are...? OK. You all want to speak about the columns? OK. You need to know that we
have two minutes for each of you and...
Mr: Luft: The. third condition..:. -If I may finishso that I can get the Manager's position on the
record? The third condition is that there be removed and relocated a portion of the existing
hedge located along the west property line of Lot F, at the east end of 57th Street. The applicant
has agreed that that portion of the hedge can be relocated, which is in the public right-of-way and
that the neighborhood has volunteered at their expense, no expense to the City to have the hedge
moved into Morningside Park so that the hedge would contribute to a public amenity and not
block the view. And, that other overgrown plantings along the waterfront be cleaned up and
removed so that the view could be enhanced to the bay. The fourth and final
condition is that the existing covenant which is on the property, which is a prior covenant
proffered by this applicant and approved by the Commission at an earlier hearing which requires
City Commission approval for any future development on Lot F, at the east end of 57th Street,
shall remain in effect which I believe the applicant has agreed to leave that covenant in effect.
Effectively, that covenant does not permit any construction of a structure, a gazebo, a boat
or planting of hedges that would effectively block the views of the bay without
review and approval by this City Commission. And, that would be a remaining covenant. And,
those are the four conditions.
Commissioner Plummer: As I understand, we are at odds on one and two?
Mr. Luft: It appears as though there was an agreement, at least it was conveyed to me that the
four and a half foot height would be acceptable to both parties.
Commissioner Plummer: OK, that was number one.
Mr. Luft: So, now we are down to the question of the metal posts or the columns, but perhaps
that position has changed. At one time that was an agreement, we'll see where we are at now.
Commissioner Plummer: So...
190 March 27, 1997
F
Mr. Luft: But, our recommendation is four and half foot fence and you can go whichever way
you want on the post or the column. We felt the posts would surfice.
Commissioner Plummer: As far as the shrubbery or trees on the public right-of-way...
Mr. Luft: We are going to move those.
Commissioner Plummer: I don't know what we are even arguing about that.
Mr. Luft: We're not.
Commissioner Plummer: They don't have any right to have them there. So, that's out of the
question.
Mr. Luft: We are not arguing about that. OK, so...
Vice Mayor Regalado: OK, can the people that are going to speak be sworn in please? In that
way it would... Could you stand up and the City Clerk will be swearing you in?
AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Ms. Dougherty: I do.
-Vice Mayor Regalado: OK, we will start. Lucia?
Ms. Dougherty: Good afternoon, Mr. Vice Mayor, members of the board. Lucia Dougherty
with offices at 1221 Brickell Avenue. Here today representing the owners of the property, Steve
Polakoff and Michael Carver. You have been incredibly patient on this issue and this
applicant/owner site and so I am going to be very brief. I have submitted for the record
transcripts and former testimony dealing with expert opinion and I am not going to do that again.
The only thing I would like you to do is to look at the site. Excuse me. To orient you, this is the
bay, this is the cul-de-sac, this is the existing home. You had already permitted a fence that goes
all the way down from the property, all the way down to the bay. What this... What we have
requested today, is a fence that's five feet high, that looks like this one, that has four columns
that looks like this column that already exists today. Our goal is to have a uniformed look and
not to have a height difference. Now, I understand the opposition would like four feet, the City
is recommending four and a half feet. If we could have our posts we would have agreed to four
and a half feet. But, in fact, the neighbors in our opposition do not agree to let us have the post.
So, therefore, on the record we are requesting a five foot fence to match the existing one that we
have here today. The... Again, the photograph that you have in front of you is the existing
conditions and then what is proposed. The existing positions have this hedge on there. This
edge is a historic hedge, it's been there and I'll show you a 1984 photograph with this hedge on
it, that's going to be removed. This oleander tree will be removed. And, what you will have is a
picket fence. The issue is, do they have or is this somehow an obstruction to the view. It is our
view that this is not an obstruction, it doesn't obstruct anything at all. In fact, in fact it opens
it...
Unidentified Speaker: Go ahead.
Commissioner Plummer: Your 20 minutes is up.
191
March 27, 1997
Vice Mayor Regalado: OK, you are going to have... Use the portable.
Ms. Dougherty: In tact, what it does is open the bay up to visitors. The fence is gone along the
property line so you can now see from the cul-de-sac straight through where the fence used to be.
You can... The hedge is gone. The oleander is gone. The arguments that you are going to hear
from the opposition is that there is some supreme court and constitutional right to a view. In the
State of Florida the law is... was established with the Fountainbleau and the Eden Rock in which
the court, the Supreme Court of the State of Florida said "there is no common-law right to a
view." They are going to tell you that there are deed restrictions on this boat house property.
There are no deed restrictions as it's been found in the public record. They'll tell you that the
fence constitutes "a removal of a landscape feature because it belongs to Biscayne Bay." Well,
in fact what they are asking for is a removal of the landscape feature and we have agreed to do
that. Furthermore, the 1984 photographs shows that this hedge was a feature of the property, in
1984. Thank you.
Vice Mayor Regalado: OK.
Ms. Dougherty: Then they'll tell you also, that there is no liability for folks going into our
property and falling into the water. That may be true but it doesn't stop somebody from killing
themselves if they do fall in the water. In fact. Mr. Polakoff picked somebody out, a child out of
the water that was fishing, that fell in. A car, we have a photograph of a car that actually went
into the water. The only... This is the only waterfront lot... Now, get... Please understand this.
The only waterfront lot in Morningside that is not enclosed with a fence, including 43 acres in
the Morningside Park which has an eight foot fence surrounding it. So, we would urge your
approval of this application as submitted.
Vice Mayor Regalado:. Thank you, Lucia. J.L., I am afraid that your 20 minutes will not be
enough. So, if you -want to go ahead and leave and we will be here.
Commissioner Plummer: I'll wait. As I promised I will wait another ten or fifteen minutes but
then I have... I have to leave by quarter of.
Vice Mayor Regalado: OK. Now, if you... Your name, sir?
[At 5:18 p.m., Commissioner Gort entered the City Commission meeting already in progress.]
Mr. John Meachem: My name is John Meachem. I am the architect for Polakoff Carver. I am
probably responsible for this problem. They brought me to the site and said... -- I can talk better
if I have drawings in front of me --
Vice Mayor Regalado: OK, thank you.
Mr. Meachem: They brought me to the site and, said they wanted to put a fence on this property.
I looked at, being just an architect. I am a psychologist of views. I looked at what was existing
on the house. Typically, when you go to a historic house and try to make the proper decisions,
proper recommendations, you look at what's existing. They have columns on both sides to the
entrance of this house, facing both directions. Some of these columns are integral to the design
of the house. The... That's why when we did the fence which is built on the side of their
property, that's what this is, we added the concrete column with the same detail that's on the
existing columns of the house. So, when we designed the fence for the end of the street, only
obvious to continue the same design. They own the property, it's all part of the same estate. We
wanted to have the same field, architectural field. Hopefully, this is a fine piece of architecture
in our community and hopefully we will try to improve this and not just put a parking lot
solution. I mean, they want me to, tell you that structurally it's impossible to put six inch steel
192 March 27, 1997
F
columns holding up this fence, well, although I do have some problems with the gate which is 12
feet wide. This is not aluminum, this is rot iron. Rot iron weighs a lot. These gates are going to
be heavy, they are 40 feet away from the wind. We have, as we know the hurricane problem.
The... We have problems with these columns bending now. But, I am still not going to stand
here and tell you that you can't do this with six inch steel columns poured with concrete and a
piece of rebar in the middle. You can do it that way because you can ride up and down Biscayne
Boulevard right now, you can go to Miami Beach and see Mr. Kramer's lots, they are all
enclosed with these parking lot enclosure. I don't think it's appropriate for this house. I don't
think it's appropriate for this community. So, I really strongly believe that these columns are
integral to the design. We're talking about a half inch of visibility per foot over the length of this
property. So, with that said... And, of course this oleander is not on City property. This
oleander is on their property.
Vice Mayor Regalado: Sorry, two minutes.
Mr. Meachem: Sorry.
Vice Mayor Regalado: OK, now we are going to hear from neighbors. Are there any neighbors
in favor or? In favor, OK.
Mr. Bruce Weil: My name is Bruce Weil and my wife and I reside at 5901 North Bayshore
Drive, just two blocks north of the applicants. And, I think Commissioner Plummer picked it up
pretty quickly. What we are talking about is two columns that are 15 inches wide. You're
talking about a span of fence that goes 70 feet. Well, what's 30 inches of 70 feet? I mean, it's
such a small percentage and if you look at the aesthetics. Look at the difference between what a
column is going to look at versus a post. If these neighbors are going to come tell you that they
think that they are going to have a better view, that they think it looks better with a post, well
they are just not being truthful. This is... They are not being honest with the Commission and
they are here for reasons other than to tell you what they feel is right. People that will come here
against it, this has nothing to do with a view of the Vista. What they are here for is neighbor
versus neighbor disputes. So, I don't want the Commission to confuse neighbor versus neighbor
disputes as to what's good, actually for the community. I think that these people own this
property, they have a right to beautify the property and to do anything different would really take
away their rights to do what they are entitled to do to this house. And, I really hope the
Commission, you know, sees through these smoke screens that some of the other neighbors may
put forth to you. Thank you.
Vice Mayor Regalado: Thank you. Another, please?
Mr. Larry Basile: All right, Commission. I am a homeowner at 5940 North Bay...
Vice Mayor Regalado: It"? Can you get in line so we can say... for anybody who would want to
speak to the Commission?
Mr. Basile: My name is Larry Basile. And, Commissioner Plummer aesthetically, anyone that
looks at it, the difference is the parking lot and otherwise. As was pointed out, this has nothing
to do with the aesthetics. The Vista is going to be better and anyone with any aesthetic design or
architectural design -- look at it -- I mean, we are talking about a post of metal, a rod iron
metal post or an aesthetics thing. Cost wise, it's going to cost them more. And, it's all... it has
nothing to do... It has.... personalities is what we are dealing with, and it's their property. Just
like they have rights on their property. Thanks.
Vice Mayor Regalado: Thank you. Next.
193 March 27, 1997
Mr. David Wallack: My name is David Wallack. I reside immediately to the north contiguous
to the applicant, along with my fiance. And, I am quite shocked that the neighborhood hasn't
gotten together to give these people an award for the work that they have done on that property.
I saw it when it was just a... It should have been almost removed.
Commissioner Plummer: You know, Mr. Vice Mayor, I am sorry to interrupt, but we don't need
commercials, we need to talk to the zoning issue. Because I am about ready to leave.
Mr. Wallack: It... The column matches the architectural features of the house. It should be
permitted. There is not a logical reason and I also would like to applaud Commissioner
Plummer's immediate perception of the issue when it was first brought.
Vice Mayor Regalado: Thank you.
Commissioner Plummer: And that's because Commissioner Plummer was up there for a great
deal of time on Saturday, looking at the entire area.
Vice Mayor Regalado: Yes, sir.
Mr. Gordon Willetts: Good evening. My name is Gordon Willettes, I live at 411 Northeast 57th
Street. The only thing that I would like to add to this is that I served on the board of Miami, of
the Morningside Civic Association when this issue came before us for a vote. A unanimous vote
of the Morningside Civic Association was that this was "a neighbor to neighbor dispute." And,
that the association unanimously voted to disengage themselves with anything regarding the
house on 57th Street. I just would like to make it clear that this is a neighbor to neighbor
dispute, not a neighborhood dispute, because the neighborhood disengaged itself from this.
Thank you.
Vice Mayor Regalado: Thank you, sir. Next.
Mr. Jesse Diner: Members of the Commission, my name is Jesse Diner. I live at 644 Northeast
57th Street, right down the street from the property in question. And, quite frankly, I feel a little
bit sand bagged here in the sense that we had conversations about a compromise. And, basically
the deal with the compromise was, it was an all or nothing situation. So, I am not here to just
talk about columns, Commissioner Plummer, I am here to talk about the whole situation. This
thing has been before the Commission three times, it has been in front of the HEP (Historical and
Environmental Preservation) Board three times.
Commissioner Plummer: Weren't we told that there was a compromise? Excuse me, let's get
the record straight.
Mr. Diner: There is no compromise. That's what...
Commissioner Plummer: Well, excuse me, Mister... Then why was I given that information that
there was a compromise? It wasn't 1, had said that statement, it was Mr. Luft who made that
statement.
Mr. Diner: Mr. Luft, attempted to broker with the two sides a compromise.
Commissioner Plummer: Which is what we always do, sir.
Mr. Diner: And, that's right. And everybody worked to try to come up with a compromise, it
didn't happen. And...
194 March 27, 1997
L
Commissioner Plummer: Excuse me. Mr. Luft, Mr. Luft, did you not say on the record there
was a compromise reached?
Mr. Jack L. Luft (Director, Community Planning and Development Dept.:) At one point there
was, subject to the engineering report on the columns and, you know, if that's not conclusive and
they are not comfortable with it?
Commissioner Plummer: Well, I very distinctly remember you saying one wanted four feet, one
wanted five and it came in at four and a half.
Mr. Luft: Well, they did... we did have an agreement at one point that I recall. Maybe, Mr.
Weeks can confirm this, that it was four and half feet was where we were agreeing.
Mr. Diner: We did have an agreement and if there were no columns, we would have an
agreement. But, the applicant has come forward and basically said we have a deal but we want
to go fight about the columns. And, the applicant knows fully well that if they want to fight
about the columns, they we are going to fight about all of it. We prevailed 6-0 in front of the
HEP board. That nothing should be put on that property. And, so we are here to argue today
that nothing should be put on Block F, across the bay. And, that's what the problem is. We
thought there was a compromise. Mr. Luft, told us there was a compromise and then apparently
the applicant backed away from it, as it related to the columns. And, we are here to argue today,
about the entire matter. And, you're not going to get it accomplished in four or five or ten
minutes.
Commissioner Plummer: Well, we are not... You know what?
Commissioner Gort: Let me ask you a question?
Commissioner Plummer: Go ahead.
Commissioner Gort: Let me ask you a question? I am not too familiar with the Historic and
Environmental and Preservation Board...
Commissioner Plummer: [inaudible]
Commissioner Gort: Can trees be planted in here or they are forbidden from planting trees?
Mr. Luft: They can...
Commissioner Gort: Can they put cherries like they have in here now, continuously?
Mr. Luft: Cherry hedges?
Commissioner Gort: Yes.
Mr. Luft: No, not without your permission.
Commissioner Gort: They are not allowed to?
Mr. Luft: No, sir.
Commissioner Gort: OK. What else are they not allowed to do?
195 March 27, 1997
L
Mr. Luft: They cannot hang a boat at the end of a street and block the view with the boat. They
cannot put gazebos or pool structures. They cannot do any kind of landscape planning that
would effectively limit or block that view without your approval.
Commissioner Gort: OK.
Commissioner Plummer: Mr. Gort, let me say this, OK? It's rather obvious to me, regardless of
which way we vote tonight, this matter is going to go to court. I mean, it's that's heated. It's
that deep as I read it. And...
Vice Mayor Regalado: Why would it go to court if we decide to act today?
Commissioner Plummer: Either way, it's going to court. I am telling you. I mean, it's just that
much sentiment on each side, that it's going to court regardless of what we do. So, I don't know
why we are sitting here arguing a whole lot of time.
Vice Mayor Regalado: OK, Commissioner Hernandez, please?
Commissioner Hernandez: Vice Mayor Regalado, I don't if this Commission is ready to vote, I
am ready to vote. And, I am ready to make a motion to approve the application as entered into
by Mr. Polakoff.
Vice Mayor Regalado: OK, there is a motion. We will... Wait a minute, wait a minute. We
will hear from the neighbors and then we'll vote on a motion. Mr. City Attorney?
Mr. Joel Maxwell, Esq. (Deputy City Attorney): Yeah, that, just to make that record clear on
'what that motion will be. That would be a motion reversing decision of the HEP board and
approving the appeal.
Vice Mayor Regalado: OK. Wait. The motion by Commissioner Hernandez would be to
approve the appeal. Is that correct?
Commissioner Hernandez: Correct.
Vice Mayor Regalado: OK.
Mr. Diner: Is that as modified by the recommendations of Mr. Luft? I am not quite sure I
understand the motion.
Commissioner Plummer: He speaks for the City Manager.
Mr. Luft: Of the City Manager, yes.
Vice Mayor Regalado: We will... But, first sir, go ahead and...
Mr. Jones: Those four conditions, Commissioner Hernandez. That will be incorporating those
four conditions that were set out before.
Vice Mayor Regalado: I am sorry, there was a difference between...
Mr. Diner: That's what I want to know.
Vice Mayor Regalado:... what Jack said about the fence and what Lucia said about the fence?
196 1March 27, 1997
L
F
Commissioner Plummer: There were tour items.
Vice Mayor Regalado: Huh?
Commissioner Plummer: There were tour items.
Vice Mayor Regalado: Yeah, but...
Commissioner Plummer: One was the height of the hedge.
Vice Mayor Regalado: OK.
Commissioner Plummer: One was the columns, one was moving the hedge...
Commissioner Hernandez: I am... My...
Commissioner Plummer: ... and the other one was the covenant.
Mr. Jones: The covenant, yes.
Commissioner Hernandez: My motion is based on what was shown to me today by the attorney
for the applicant, which is what I have here and what you have in front of you.
Commissioner Plummer: Yeah, I have a copy, also.
Mr. Diner: That's with the columns?
Commissioner Hernandez: That's with the column...
Vice Mayor Regalado: It is with the...
Commissioner Hernandez: ... without the hedge, without the... What did you call the middle,
this here?
Mr. Luft: Yeah.
Mr. Diner: Well, just as a point of clarification. That picture that you are showing has four
columns on it. The only thing that's been talked about is two columns, which is the fence post.
Commissioner Plummer: Well, what's the application say? Two or tour? Whatever the
application says.
Commissioner Hernandez: That's what...
Commissioner Plummer: Whatever the application says.
Commissioner Hernandez: My motion is based on the application which is what I said from the
beginning. Based on the application on the applicant.
Commissioner Plummer: And, recommended by the Manager.
Commissioner Hernandez: Without the conditions of Jack Luft.
Commissioner Plummer: And, you know, while we are waiting to find out how many are there,
I want to tell you something. I don't know, ! am probably going to make a lot of people mad.
197 March 27, 1997
--J
But, I want to tell you, the people of Morningside should be embarrassed about those barricades
going into that park. Those things are horrible. I know what they are trying to accomplish, OK.
I know they are trying to accomplish... but, let me tell you, at the worst, they could have done
better job than those barricades that exist there. They are horrible looking, they don't behove the
area and I want to tell you, I was astonished when I went up there on Saturday. So, I am just
saying that for the record.
Vice Mayor Regalado: Well, you going to... Sure. (phonetic)
Commissioner Hernandez: Mr. Vice Mayor, prior to...
Commissioner Plummer: The motion is... I will second the motion.
Commissioner Hernandez: Prior to voting I would like to give Mr. Diner his presentation and
whoever else wants to speak.
Mr. Diner: All right.
Vice Mayor Regalado: OK. We are going to hear from the neighbors and then there is a motion
that we will vote on. So, go ahead, sir. I am sorry we interrupted you.
Mr. Diner: Thank you. The applicants came to this property in September of 1993, and the
historic designation for this property or this entire neighborhood occurred in 1984. So, they
brought the property subject to the historical overlay that existed at that time. I'd like to point
out to you, Ordinance Chapter 23.1 and in particular 23.1-1, which talks about the intent and the
purpose of the ordinance - and that is to effect and accomplish the protection, enhancement,
perpetuation and use of structures, landscape features, archeological resources, areas, neighbors
and scenic vistas which represent distinct elements of the City's historic, cultural and other
heritage. And, the HEP (Historical Environmental Preservation Board) board is charged with the
duty of enforcing that. Now, in order for the applicants to be able to get a Certificate of
Appropriateness, and that's what they are appealing to you, turned down by HEP board of a
Certificate of Appropriateness. They must show that the work will not adversely affect the
historic, architectural or aesthetic character of the subject structure in a relationship and
congruity between the subject structure and the neighboring structures. They must do it in
accordance with the guidelines of the Secretary of the Interior as it relates to the guidelines for
rehabilitating properties. Rehabilitation of properties under the Secretary of the Interior's
guidelines shows that they must not interfere with space and spatial relationships. By putting
this fence in, they in fact, are doing that. You have heard reference to the fact that this is a
boathouse lot but, quite frankly, the applicants in one of the hearings before this Commission
and before the HEP board, had an area which showed there was absolutely nothing on the lot
dating back to 1960. So, at least 37 years this has been open. I have lived in Morningside for 18
years, and this has been open. Excuse me, made open.
Vice Mayor Regalado: Yeah, you've got a few seconds because...
Mr. Diner: OK, thank you. Article II Section VII of the Florida Constitution says that it's in the
State's interest to protect scenic vistas. The preservation board voted 6-0 to keep this open. If
you are to allow this, you are basically going against the historical overlay, the historical
guidelines and what exits in the neighborhood.
Vice Mayor Regalado: Thank you.
Mr. Diner: One... Let me just say one other thing. And, that is, that with regard to other
properties that exist along the neighborhood on Bayshore Drive, only one of all those properties
198 March 27, 1997
has properly been permitted for a fence or a wall. That being the case is, none of them are
guidelines that this board should follow. And, based upon that, you should not grant the
applicants... application whatsoever, aside from pillars or columns or whatever else. This is a
bay view that's been open for many, many years and it should remain open. Thank you.
Vice Mayor Regalado: Thank you. OK, so... Go ahead.
Commissioner Plummer: I recalled when I was up there on Bayshore Drive, there was many of
those houses that faced the water that had fences on it. Many of them.
Mr. Diner: And, none of them are permanent, that's the problem.
Commissioner Plummer: I didn't say permanent.
Mr. Diner: But, if they are not permanent they are non -confirming uses.
Commissioner Plummer: Well, they are illegal.
Mr. Diner: That's right.
Commissioner Plummer: OK. But, they are there.
Mr. Diner: And, there are no precedents whatsoever, sir.
Mr. Pierre Millally: Hello, Commissioners. My name is Millally, I am a neighbor. I have been
involved in this legal battle with these neighbors since the first day, three years ago. I want to
make clear to you that the City Preservation Officer is making a recommendation to you that the
HEP board has already said "no" to. You are granting these people a variance from the HEP
board rules that says "no walls or fences in the front of houses." And, the two guys that bought
this house are both real estate brokers that lived in Miami and Miami Beach and they bought the
house in 1993, and we became a historical district in 1984. They bought a house in an existing
historical district that had an existing rule that said "no walls or fences in the front of houses,"
and you just gave them one. You just gave them a wall and... a fence and part of a wall in the
front of their house, just like that. You just granted, you just eroded the HEP board rule about no
walls or fences in the front of houses. So, I just want you think seriously about every time one of
these variances has been granted it erodes, it weakens the neighbors ability to stop Morningside
from looking like the Grove, which is where all the nice houses are, behind eight foot masonry
walls. That's what we are trying to stop.
Vice Mayor Regalado: Thank you.
Ms. Jane Day: My name is Jane Day. I am the president of Research Atlantica, Inc.. I am the
historic preservation consultant and I have been asked to speak on this issue and how it relates to
not only your local district but the issue of this as a national register district. First of all, I want
you to be aware, as Mr. Diner pointed out that the HEP board did vote unanimously to deny this
application. I also bring to your attention that when the district was originally designated as a
historic district of the City of Miami, criteria for it that was used said that it portrays the
environment in an era of history. If any fence at all goes across this lot, it takes away from the
environ -- excuse me --- from the environment as it was in an era of history. Secondly, I would
also like to point out to you that whether or not that you think columns or posts are more
aesthetically pleasing, you were charged with looking at the Department of the Interior standards
that regulate the guidelines of your historic districts. It is not the intent of the department to
replicate history by taking historic elements and producing them new in another section of the
lot. It would be better to completely differentiate from that and not replicate those columns
where they weren't there historically. Thank you.
199 March 27, 1997
L
F
Vice Mayor Regalado: Thank you.
Ms. Alice Robertson: My name is Alice Robertson and for the record, I am not here in my
official capacity. But, I do want to talk to you a little bit about the fact that Biscayne Bay is a
natural amenity. That all residents and all citizens of the City of Miami should have access to. It
is clear, that Mr. Mulially in his ads when he first -- I have an example of the ad - "Mr. Mullally
intended for all residents of the community to enjoy the bay and its wide open vistas. One could
only surmise that the most likely that Block F is still in private ownership today because he
brought people in, originally to show them the neighborhood via boat. And, the rest of the cut -
de -sac areas were turned over to the City long ago. I have been a Morningside resident for 13
years and we have fought very hard to preserve historic preservation regulations in that area. It
is reason that today, Morningside is a... The property tax values are increasing, that Morningside
is a community that people are moving back into the City to be there. Thirteen years ago, I can
tell you that was not the Morningside that was there. It is historic preservation and these that are
very important. These applicants, as it was stated earlier, moved to the neighborhood in 1993.
The historic overlay had been in place in place for nine years prior to that. So, they should have
know that were going to be restrictions on what they could do on their property. The Historic
and Environmental Preservation Board voted unanimously. You have appointed these people to
represent you and to give you expertise on technical matters and I would recommend that you
support their recommendation. In addition, I went personally through the neighborhood and
took pictures of other gates that do not have pillars or the posts or whatever, to show you that
those are not necessary to have an esthetically pleasing gate on the property. And, one more
think I would also like to say that it has been mentioned that the South Florida Building Code,
that there has been some mention that these... in order to comply with that I spoke with Charlie
Danger yesterday regarding if there is any kind of reference in the South Florida Building Code
to any kind of rod iron fences and there is no such reference. Thank you.
[At 5:50 p.m., Commissioner Plummer left the City Commission meeting.]
Vice Mayor Regalado: Thank you. Madam.
Ms. Mary Fochrenback: I am Mary Fochrenback and I live at 655 Northeast 55th Terrace. I
have lived there for 30 years, long before we were the historic district. We all worked hard to
become a historic district. We are interested in having a bay view. It is not a neighbor to
neighbor dispute at all. What we expect is justice from the Commissioners. Everybody in the
historic district should follow the rules. The same rules should apply to everybody, there should
be no exceptions. When you grant exceptions, you're playing favorites and there is no justice.
Thank you.
Vice Mayor Regalado: Thank you.
Mr. John Parsons: Good afternoon, my name is John Parsons. I live at 670 Northeast 59th
Street. I have lived in Morningside for 20 years and I am an attorney. And, I would like to
thank the two of you members of the Commission that are still in the chamber to listen to this
opposition. Thank you, for giving us the courtesy of listening to the opposition. The only issue
that I wish to address other than to tell you, that having lived in Morningside for all of that time,
I am very interested in preserving this Bay Vista and in preserving the neighborhood is that it
was mentioned and has previously been mentioned in other trips to this Commission that there is
some potential liability issue for these applicants by virtue of not having a fence there. I think
their counsel all but conceited that that is not true here earlier today. But, I would like to
emphasize the fact that under the law in the State of Florida, it simply is not true. There is no
liability issue and I will refer you to the language of the Florida Third District Court of Appeal in
the case of Saga Bay Property Owners Association versus Askew, in which the Third District
200 March 27, 1997
Court of Appeal here in Miami has said "an owner of a natural or artificial body water has no
duty to fence it." No duty to fence it. There is no liability issue. Thank you.
Vice Mayor Regalado: Thank you, sir. Go ahead, sir.
Mr. Michael Carver: My name is Michael Carver, I am one of the co -applicants. I just wanted
to say that I worked closely with the architect on this design and the design as we have applied
for is 90 percent rod iron. Out of 70 feet of the width of the lot, 65 of it is rot iron. There are
only five feet that constitutes the 16 inch four columns. We have tried in every way to
accommodate the concerns of the neighborhood. In fact, I am surprised that these people are
here today opposing a lot of my fence on my private property because they are very same people
that were her last month asking you to close the cul-de-sac at 55th Terrace and to boom gate it,
put in trees and to put in a very large sign. All we are asking is to do something that we believe
is beautiful and that we think that architects who are thinking architects believes is beautiful, and
we are providing 90 percent rot iron. And, for the record, the HEP board turned our application
down for one reason and one reason only. And, it was stated on the record. The reason they
turned our application down was and it was stated, because the City Commission is going to hear
this anyway. They said nothing about the merits of this application. Thank you.
Vice Mayor Regalado: Thank you. This... Anybody else? Oh, OK.
Ms. Judy Clark: Sorry. Honorable Commissioners, my name is Judy Clark, I live at 5930 North
Bayshore Drive. All of the people that are here tonight are my neighbors. I love living in
Morningside. This fight has been going on way too long. I really believe that tonight is the
night that you all should decide to allow these people to build a gate... a fence, as you would any
other person building a fence, they have a right to do that. I think that you should know that this
discussion about the HEP board, I was there. What the HEP board actually decided to do was
merely defer this to you. They took no action. They simply deferred it to you. Secondly, you
all remember me, I am sure, from about a month ago, because those boom gates, those really
ugly ones, that J.L., was talking about, that's my issue. I think those are terribly ugly. I think
it's wrong to barricade a public street. I think it's even more wrong to say "barricade a public
street, keep those people from going down to the bay front" and in the same breadth turn around
and say "this is public property, but we reserve the right to determine what goes on there." This
is dichotomy that I find no logic in, whatsoever. My feeling is that you should grant the
applicants the right to a fence.
Vice Mayor Regalado: Thank you, very much. Before... Anybody else? Sir, before we go on, I
would just like to say on a personal note that this Commission approved what most of the
neighbors wanted. They... you wanted to keep the barricades, we did approve it. This
Commission took an extraordinary decision and approved your will to have a special election.
So, I don't think that whatever this Commission decides has to be considered unfair to the
residents of Morningside because we have accommodated you several times. So, I just wanted
to say that the needs of Morningside have always been taken into consideration by this
Commission but as you can see, I mean, you have here half and half. Not... It wasn't the case
when the barricade that we did not have that many people opposing the barricades. What you
have here, I don't know if you have signatures or if you have an election, if you want another
election from Dade County to have this fence built or torn down? But, it seems to me that this
Commission has dealt a lot with the needs of that beautiful area. And, I was there and frankly I
saw a lot of fences around many houses, which I think is important because I mean the fences
are important for... to protect the life and safety of the people. But, this is the comment that I
wanted to make and as soon as we hear you, I will ask the Commission if they are ready to vote
this afternoon, today, to finish this matter. Go ahead, sir.
Mr. Neil Robertson: My name is Nei! Robertson, I live at 5991 Northeast 6th Court, a 1926
house. I practice law in the Ingraham Building another 1926 building in this place, this town. I
201 March 27, 1997
love this town, I love its historic nature. But, there is a few things that the Commission is not
understanding is being led astray on I think to some extent. First of all, boom gates issue is
another issue. It is an ugly, boom gate. There is no doubt about it. But that's not an entirely
different, people on both sides of this issue are on opposite sides of that to some extent. That's a
civic association issue. Furthermore, the merits were addressed at the underlying HEP board
meeting. They did acknowledge that it was going to come to you. Because, they knew, because
of past history. We have been fighting this battle for three years. Three years, yeah, we have
had some attrition, but we have 500 signatures on a petition not to have any blocking of that
view. If you want to vote, we will be happy to put it to a vote. If you want the neighborhood to
decide it will be overwhelmingly rejected, because the people that are here in support of it are
those that live on North Bayshore Drive, have relationships with the applicants and they are not
representative of the entire neighborhood. Three years is a long time for us to continue to turn
people out to meeting after meeting, some canceled, some went on. I probably been down here
personally six, seven, eight, nine times, many of those times coming to this microphone to try to
educate the people that sat in these chairs at different times as to the importance of preserving
the history, preserving the architecture. Every time you give away a piece you don't get it back.
It becomes a precedent for the next person to give away another piece. You have to stop. You
have to obey what the rules are for everyone. The Historic Board spoke on this issue. Mr.
Rodriguez made the motion, it voted overwhelmingly in favor of it. They knew it would come
to you but they put their inprint on it that we were right. You should listen to them, they are the
experts. Thank you.
Vice Mayor Regalado: Once again, I believe that this has gone on several months, and I think
that the will of the Commission is to vote. There is a motion by Commissioner Hernandez
seconded by me. So...
Commissioner Hernandez: I think Plummer had seconded it. But he's gone now.
Vice Mayor Regalado: I think that Plummer did second that, I am not sure.
Commissioner Hernandez: He second it.
Mr. Foeman: He did.
Vice Mayor Regalado: He did second it?
Mr. Foeman: Yes.
Vice Mayor Regalado: So...
Mr. Joel Maxwell, Esq. (Deputy City Attorney): Could you restate the motion please for the
record, Mr. Vice Mayor? Could you have the motion?
Vice Mayor Regalado: Yes, Commissioner Hernandez will repeat the motion. The motion is
that we approve the appeal that is on the applicant. Is that? That is correct?
Mr. Maxwell: Again, the issue of the conditions. Is it without the conditions?
Vice Mayor Regalado: It is without the conditions. It's what is in the original application...
Mr. Maxwell: OK. I just want the record clear on that.
Vice Mayor Regalado: ... not the conditions with... expressed by the City staff. There is a
motion. There is a second. A motion by Commissioner Hernandez, second by Commissioner
Plummer. All in favor say "aye."
202 March 27, 1997
Mr. Maxwell: I think you need a roll call on that, sir.
Vice Mayor Regalado: OK, we do need the roll call. Go ahead, City Clerk.
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-
A RESOLUTION [FAILED]
(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 Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: Commissioner Wifredo Gort
ABSENT: Commissioner J.L. Plummer, Jr.
Mayor Joe Carollo
Ms. Dougherty.- ..I have to now ask for a continuance. Please reconsider your vote....
Commissioner Gort: Now, wait a minute. Excuse me.
Ms. Dougherty: ... and ask for a continuance?
Commissioner Gort: Excuse me. My understanding is that we have been coming here for a long
time, and I ask the questions, what were the criteria for the Historic and Environmental
Preservation established in 1982? I was told what they were. I thank the applicant, I met with
him and I have talked with him and he is a very nice person. But, I think when he bought that
property he knew all the requirements he needed if he needed to build something there because
he is in the business and he knows it well. I think after three years they came together, they
came to some kind of agreement and now they want to walk away from the agreement.
Ms. Dougherty: That is absolutely not true.
Commissioner Gort: I'll be favor of it with the four recommendations.
Ms. Dougherty: Commissioner Gort, that is absolutely not true.
Commissioner Gort: OK, well, forget it then.
Commissioner Hernandez: Wait, one second. Can you just state the four conditions a second?
Mr. Luft: OK, the conditions are the fence, that's four and a half feet high.
Vice Mayor Regalado: Wait a minute, Commissioner don't leave because you are going to
maybe... he's going to amend.
203 March 27, 1997
Ms. Dougherty: No, I absolutely did agree to four and a half feet. We absolutely did agree.
What we have a... What we have a problem with are the rot iron posts which ruin the design,
and frankly, it doesn't make any difference to the obstruction of the view. That's the only issue
left.
Commissioner Hernandez: OK, what are the conditions...?
Mr. Luft: OK, four and a half foot height, the existing covenant remains in place, the shrubbery
be removed that is blocking view today and that the posts he placed, unless it was not feasible
from an engineering standpoint, or not practical from an engineering standpoint. And, I think
it's your call on whether you want the posts or the columns.
Commissioner Hernandez: OK. I made a motion, Commissioner Plummer seconded it when he
was here. We have two votes right now and one "no." Is Plummer's vote? Is it, does it?
Mr. Foeman: Yeah.
Vice Mayor Regalado: OK, you want to amend the motion and...
Commissioner Hernandez: You are removing the shrubbery?
Ms. Dougherty: Yes, of course.
Commissioner Hernandez: OK. So, you are meeting that condition.
Ms. Dougherty: We are meeting all the conditions. -The only issue is the posts.
Commissioner Hernandez: I don't think the columns make a difference. I really don't and I'm
not going to... I agree with what Commissioner Plummer stated 45 minutes ago. I am not
changing the motion so I guess we are going to have to continue this.
Vice Mayor Regalado: Well, I guess that we are going to have to bring it back...
Ms. Dougherty: OK.
Vice Mayor Regalado: It's... We are very sorry that you all have to come and we didn't... we
were not able to make a decision. The Mayor was feeling really... he had a cold and
Commissioner Plummer had to go. So, I am sorry that we couldn't agree on the decision. I
wish, I personally...
Ms. Dougherty: I've jsut heard from...
Vice Mayor Regalado: ... to make a decision right now so you don't have to come back and
come back and come back.
Ms. Dougherty: Commissioner's aide - Commissioner Plummer's aide just said that he is on his
way back.
Vice Mayor Regalado: OK, Commissioner Plummer's aid says that J.L., is coming back, so we
might as well wait a few seconds and... Yes, sir.
Mr. Diner: Just as a point of clarification. Since that motion died, I guess we are going to face it
again. If there is a way to forge a compromise, we are in favor of a compromise. The problem is
over the columns. That's the whole problem here.
204 March 27, 1997
Commissioner Hernandez: Posts versus the column, correct?
Mr. Diner: Yeah, that's correct. That's the only problem here.
Commissioner Hernandez: What compromise would you...? What would you?
Vice Mayor Regalado: Sir, sir, sir, please. We are ready here to vote as soon as Commissioner
Plummer arrives so... Would it be possible for you to sit over there, sir? Sir, would you do that?
Thank you, very much. Give him a few minutes, J.L., is coming back anyway.
Commissioner Gort: OK, what did we agree to?
Ms. Dougherty: Sit down. OK. The compromise that we will make two posts on either end.
The posts in the middle will be made of rot and five feet high on either end. The posts in the
middle will be five feet high. The two middle posts will be made of rot iron that you can see
through, but they will be about 15 inches tall, but the fence will be five feet tall...
Unidentified Speaker: Wide.
Ms. Dougherty: ... wide.
Mr. Carver: What the design that Jesse and I agree on, is that the two columns on the end will be
columns. The fence will be five feet and the columns supporting the gate will be a square of rot
iron so that they are not opaque, you can see through them. And, that is the compromise.
=Commissioner Gort: OK, that's a motion.
Mr. Carver: But the height of the fence will be five feet.
Commissioner Gort: OK.
Mr. Carver: The columns will otherwise be the same as designed and we will design rot iron
columns in the center.
Commissioner Gort: This is a beginning. OK, make the motion.
Vice Mayor Regalado: OK. Yes, Commissioner Hernandez, would you want to make the
amended motion, another motion.
Mr. Diner: The shrubbery comes out. The other two conditions also.
Commissioner Gort: All of it, yes.
Mr. Carver: Yes, yes.
Mr. Diner: The hedge comes out, the oleander comes out.
Commissioner Gort: Right.
Mr. Jones: First of all, I think you need a motion to reconsider.
Mr. Carver: Yes.
205 March 27, 1997
F
Vice Mayor Regalado: You are sure about that?
Commissioner Hernandez: OK. I want to make a motion withdrawing...
Mr. Jones: Make a motion to reconsider.
Commissioner Hernandez: ... to reconsider my motion.
Commissioner Gort: Second.
Vice Mayor Regalado: OK, there is a motion to reconsider by Commissioner Hernandez, second
by Commissioner Gort. All in favor say "aye.
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-259
A MOTION TO RECONSIDER PRIOR VOTE TAKEN, WHICH FAILED TO GRANT
APPEAL FROM STEVE POLAKOFF AND MICHAEL CARVER FOR THE
CONSTRUCTION OF A FIVE FOOT FENCE WITH GATE ALONG THE WEST
PROPERTY LINE AT THE EAST END OF 57TH STREET (759 N.E. 57TH STREET)
(Note for the Record: Said appeal was immediately thereafter granted , subject to
certain conditions.)
Upon being seconded by.Commissioner Gort, the motion was passed and adopted by the
following vote: "
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
Mayor Joe Carollo
Commissioner Hernandez: I am making a motion based on the new conditions set by the
applicant. If you can state the conditions on the record, please?
Mr. Carver: The conditions are that the fence will remain five feet as designed. The two
columns on either end of the lot, on the north and the south will be the masonry columns as
designed. The two columns supporting the gate however, will be four-sided squares in a rot iron
design that will not be opaque. It will have a design in it and will be see-throughable. And, that
will be subject to our working with Sara Eaton for the design and her approval, so that we do not
have to go to another hearing.
Commissioner Hernandez: Plus the removal of the shrubbery.
Mr. Carver: Plus the removal of the shrubbery and the covenant remains on the lot.
Commissioner Hernandez: OK. That is my motion.
206 March 27, 1997
F
Vice Mayor Regalado: OK. There is a motion by Commissioner Hernandez, second by
Commissioner Gort. All in favor signify by say... We need a roll call.
Commissioner Gort: No, no. It's unanimous. So.. you don't need a roll call.
Vice Mayor Regalado: Well, just to make sure.
Mr. Foeman: Roll call. Commissioner Gort.
Commissioner Gort: Well, this is a beginning and I hope from now on before you come in front
of us that you won't need to come in front of us, you guys work it out. See, you can do it, when
you are willing to do it. Yes.
Mr. Carver: Well, we will try to do that, Commissioner.
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-260
A RESOLUTION GRANTING, WITH CONDITIONS, THE APPEAL OF STEVEN
POLAKOFF AND MICHAEL CARVER AND REVERSING THE DECISION OF THE
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH DENIED
A CERTIFICATE OF APPROPRIATENESS FOR THE CONSTRUCTION OF A 5'
METAL FENCE WITH POSTS AND GATE AT THE END OF NORTHEAST 57TH
STREET (ACROSS BLOCK F), FOR THE PROPERTY LOCATED AT 759
NORTHEAST 57TH STREET, WITHIN THE MORNINGSIDE HISTORIC DISTRICT,
MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
Commissioner J.L. Plummer, Jr.
207 March 27, 1997
----------------------------------------------------------------------------------------------------------------
86. CONTINUE CONSIDERATION OF PZ-28 (APPEAL BY LAZARO &
MARIA ALBO OF ZONING BOARD DECISION FOR ADDITIONS AT 2900
S.W.4 AVENUE) TO MEETING OF MAY 22, 1997 AT 6 P.M.
Vice Mayor Regalado: Mr. City Attorney, do we need to pass a motion to deter some items?
Commissioner Gort: All items.
Mr. A. Quinn Jones, III, Esq. (III): Well, you don't have tour -fifths vote.
Commissioner Hernandez: We have one item.
Commissioner Gort: Tell J.L., to go... [inaudible]
Vice Mayor Regalado: Huh?
Commissioner Hernandez: Yeah, we have to do that last item, 31.
Mr. Jones: Yes, you have not continued all those items that you spoke about early.
Commissioner Hernandez: I make a move to continue, to the 22nd of April...
Ms. Lourdes Slazyk: May.
Commissioner Hernandez: May. May 22nd. And, the item on... item-31.
Ms. Slazyk: 28.
Commissioner Hernandez: Item-28, which is a six o'clock item, to defer it to May, 22nd. To,
after six. Six.
Vice Mayor Regalado: Six, six. OK, there is a motion. Hey, Willy. Commissioner, there is a
motion to defer. Second by Commissioner Gort. All in favor say "aye."
The Commission (Collectively): Aye.
Vice Mayor Regalado. This meeting is adjourned. Thank you.
The following motion was introduced by Commissioner Hernandez, who moved its adoption:
MOTION NO. 97-261
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-28
(APPEAL BY LAZARO AND MARIA ALBO OF ZONING BOARD DECISION TO
ADD A GARAGE AND A PORTE-COCHERE TO AN EXISTING SINGLE-FAMILY
RESIDENCE AT 2900 S.W. 4 AVENUE) TO THE COMMISSION MEETING
PRESENTLY SCHEDULED FOR MAY 22, 1997 AT 6 P.M.
208 March 27, 1997
L
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
Mayor Joe Carollo
----------- ----------------------------------- -----------------------------------------------------------------
87. COMMENTS BY COMMISSIONER PLUMMER REGARDING VOTE OF
AGENDA ITEM PZ22 -- SEE LABEL 85.
Commissioner Plummer: Wait, wait, wait. Don't that out. When I walked out of
this door, Mr. Vice Mayor?
Vice Mayor Regalado: Sir.
Commissioner Plummer: P just went home and I have got a commitment to be on a program
tonight. When I walked out of this door it was my understanding if this matter was not resolved
in 20 minutes that the matter would be deferred. Am I correct?
Vice Mayor Regalado: You did.
Commissioner Plummer: When I walked into my house the TV was on and I heard a vote being
taken and I want to tell you something, my commitment to that program is one thing. In the
interest of a domestic court which we are fighting here is another. So, I just want the record
clear, I am very happy the compromise has been reached. But, I just want it understood, when I
walked out that door it was with the full understanding that in fact, this matter was to be
deferred, if it was not in a time certain. I just want that for the record. Thank you. Now, I will
go to my meeting.
Vice Mayor Regalado: Thank you.
Commissioner Plummer: I am happy for everybody that a compromise was reached.
[APPLAUSE]
Commissioner Gort: J.L., I was not aware that was what was stated.
END OF DISCUSSION -- NO ACTION TAKEN
209
March 27, 1997
—i
----------------------------------------------------------------------------------------------------------------
88. SCHEDULE AGENDA ITEMS PZ 18 / 19 / 24 / 25 / 26 / 27 NEXT TIME
PRIOR TO 5 P.M.
Mr. Maxwell: You can say...
Commissioner Plummer: From the very beginning.
Mr. Maxwell: Mr. Vice Mayor, since Commissioner Plummer is here, you can save yourself a
lot of time at the next meeting too. On that motion to continue that you just voted on, if you will
also vote to have these items heard before five o'clock. You need a four -fifths vote on that.
Vice Mayor Regalado: Sir, OK.
Mr. Maxwell: It's items PZ-18, PZ-19, PZ-24, PZ-25, PZ-26, PZ-27, PZ-28.
Commissioner Plummer: Not 28. I so move.
Mr. Maxwell: Except for 28.
Vice Mayor Regalado: OK, there is a motion by Commissioner Plummer, second by
Commissioner Gort. All in favor say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-262
A MOTION STATING THAT AGENDA ITEMS PZ-18, PZ-19, PZ-24, PZ-25, PZ-26
AND PZ-27 MAY BE SCHEDULED NEXT TIME PRIOR TO 5 P.M.
210 March 27, 1997
F
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
NAYS: None.
ABSENT: Mayor Joe Carollo
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 6:15 P.M.
ATTEST:
Walter J. Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
JOE CAROLLO
MAYOR
\� f
211 March 27, 1997