HomeMy WebLinkAboutCC 1997-05-07 MinutesOF MEETING HELD ON f°I A Y 7, 19 9 7
REGULAR
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
WALTER J. FOEMAN
CITY CLERK
INDEX
MINUTES OF REGULAR MEETING
May 7, 1997
ITEM
SUBJECT
LEGISLATION
PAGE
NO.
NO.
1.
CONSENT AGENDA.
DISCUSSION
2-3
5/7/97
1.1
APPROVE PURCHASE OF MEDICAL LATEX
R 97-303
4
EXAMINATION GLOVES FROM AERO
5/7/97
PRODUCTS CORPORATION -- FOR FIRE
RESCUE -- ALLOCATE FUNDS ($20,695, FIRE
RESCUE ACCT 001000.280501 . 6.714)
1.2
APPROVE APPLICATION FOR STATE
R 97-304
4
LIQUOR PERMIT BY FLORIDA RESTAURANT
5/7/97
& HOTEL EXPOSITION, INC. -- FOR DISPLAY
& CONSUMPTION OF BEVERAGES AT
COCONUT GROVE CONVENTION CENTER, 7
/26&27/97.
1.3
APPROVE APPLICATION BY GOURMET
R 97-305
5
WINE CLUB, INC. -- FOR STATE LIQUOR
5/7/97
PERMIT -- FOR DISPLAY & CONSUMPTION
OF BEVERAGES AT COCONUT GROVE
CONVENTION CENTER, 1 / 21 & 25 / 98.
2.
PERSONAL APPEARANCE: THELBERT
DISCUSSION
5-15
JOHNAKIN TO DISCUSS LACK OF POLICE
5/7/97
PRESENCE IN MODEL CITY AREA --
FURTHER COMMISSION DISCUSSES
RATIONALE FOR NORTH & SOUTH POLICE
SUBSTATIONS.
3.
PERSONAL APPEARANCE: TONY MOLINA --
R 97-306
15-17
APPROVE PAYMENT PLAN FOR RENTS DUE
5/7/97
& RENT CREDIT CONCERNING MIAMI
SPRINGS GOLF COURSE CLUBHOUSE.
4.
PERSONAL APPEARANCE: GILBERTO
DISCUSSION
17-19
CASANOVA -- DEFER ADOPTION OF
5/7/97
MEASURES AGAINST BUSINESSES
REPRESENTING CUBA.
5.
GRANT REQUEST FOR ALCOHOLIC
R 97-307
20-21
BEVERAGES SALE TO MIAMI / BAHAMAS
5/7/97
GOOMBAY FESTIVAL IN COCONUT GROVE,
INC -- FURTHER REQUESTING PAYMENT OF
OUTSTANDING LOAN TO CITY BY SAID
GROUP.
6.
DEFER CONSIDERATION OF AGENDA ITEM
DISCUSSION
22-23
6B (PERSONAL APPEARANCE: LILLIAN
5/7/97
SLATER & LINDA WATSON FOR POSSIBLE
DONATION OF MINI PARK AT 1680 N.W. 4
ST.)
7.
PERSONAL APPEARANCE: JOSEFINA
DISCUSSION
23-26
GOMEZ PEREZ TO DISCUSS CITY
5/7/97
ADMINISTRATION'S PERSONNEL
PRACTICES.
8.
EMERGENCY ORDINANCE: ESTABLISH
ORDINANCE
26-29
"SYETP-97 SUMMER YOUTH EMPLOYMENT
11484
TRAINING PROGRAM" -- APPROPRIATE
5/7/97
FUNDS ($590,550 GRANT FROM SOUTH
FLORIDA EMPLOYMENT & TRAINING
CONSORTIUM [SFETC]).
9.
EMERGENCY ORDINANCE: ESTABLISH
ORDINANCE
29-30
"SYETP-97 SUMMER YOUTH EMPLOYMENT
11485
TRAINING PROGRAM" -- APPROPRIATE
5/7/97
FUNDS ($300,000 GRANT FROM UNITED
STATES AGRICULTURE DEPARTMENT
THROUGH FLORIDA EDUCATION
DEPARTMENT).
10.
AUTHORIZE METRO-DADE COUNTY ON
R 97-308
30-31
BEHALF OF CITY TO ADVERTISE FOR /
5/7/97
EVALUATE / ACCEPT BIDS FOR UNITED
STATES DEPARTMENT OF AGRICULTURE
APPROVED MEALS -- FOR CITY'S SUMMER
FOOD SERVICE PROGRAM '97.
11.
EMERGENCY ORDINANCE: AMEND
ORDINANCE
31-32
ORDINANCE 10021 ESTABLISHING FUND /
11486
INITIAL APPROPRIATIONS FOR LAW
5/7/97
ENFORCEMENT TRUST FUND PURSUANT
TO ORDINANCE 9257 -- PROVIDE FOR AN
INCREASE OF $639,718.
12.
TABLE TO LATER IN SESSION
DISCUSSION
33
CONSIDERATION OF EMERGENCY
5/7/97
ORDINANCE AMENDING CITY CABLE
TELEVISION LICENSE ORDINANCE 9332 --
SEE LABEL20.
13.
EMERGENCY ORDINANCE: AMEND
ORDINANCE
34-35
SECTION 2 OF ORDINANCE 11332,
11487
ESTABLISHING FUND / INITIAL
5/7/97
APPROPRIATIONS FOR "GANG RESISTANCE
EDUCATION & TRAINING" -- INCREASE
AMOUNT BY $85,000.
14.
SECOND READING ORDINANCE: AMEND
ORDINANCE
36-37
CAPITAL IMPROVEMENTS ORDINANCE
11488
11337 -- CONTINUE & REVISE SCHEDULED
5/7/97
CIP PROJECTS -- ESTABLISH / BEGIN NEW
CIP PROJECTS DURING FY 96-97.
15.
DEFER CONSIDERATION OF PROPOSED
DISCUSSION 37-38
FIRST READING ORDINANCE (AMEND
5/7/97
CHAPTER 3, ARTICLE II OF CODE -- 'ALARM
SYSTEMS / BURGLARY & ROBBERY
ALARMS" -- ADJUST FEES) TO COMMISSION
MEETING OF MAY 22, 1997.
16.
FIRST READING ORDINANCE: PROPOSE TO
ORDINANCE 39
ESTABLISH "MIAMI SIMPSON PARK
FIRST
EDUCATION PROGRAM" -- ACCEPT $3500
READING
GRANT FROM FLORIDA DEPARTMENT OF
5/7/97
STATE, HISTORICAL RESOURCES DIVISION.
17.
FIRST READING ORDINANCE: PROPOSE TO
ORDINANCE 40-44
ESTABLISH "POINCIANA VILLAGE
FIRST
CONDOMINIUMS PHASE III CONSTRUCTION
READING
GRANT" SPECIAL REVENUE FUND --
5/7/97
APPROPRIATE $363,000 FOR OPERATION
OF SAME -- FURTHER DIRECT CITY
MANAGER TO REIMBURSE $221,417.60
FROM SAID FUND TO SOUTHEAST
OVERTOWN / PARK WEST COMMUNITY
REDEVELOPMENT AGENCY TRUST FUND
ACCOUNT.
18.
COMMENTS BY VICE MAYOR REGALADO
DISCUSSION 44-45
ON IMPACT OF WELFARE REFORM: CITY
5/7/97
RESIDENTS TAKEN OFF FOOD STAMPS &
SUPPLEMENTAL INCOME.
19.
AMEND SECTION 2 OF R96-554 -- INCLUDE
R 97-309 45-46
ACCOUNT CODE NUMBERS -- ALLOCATE
5/7/97
COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS FOR LEASING OF ROYAL RENT -A -
CAR VEHICLES,
20.
AMEND CITY CABLE T.V. LICENSE
M 97-310 47-50
ORDINANCE 9332 -- EXTEND CABLE T.V.
5/7/97
FRANCHISE AGREEMENT BETWEEN CITY &
MIAMI TELECOMMUNICATIONS, INC. --
FURTHER INSTRUCT CITY MANAGER TO
DRAFT REQUEST FOR PROPOSAL (RFP)
SEEKING OTHER CABLE PROVIDERS -- SEE
LABELI2.
21.
AUTHORIZE SETTLEMENT: $250,000 TO
R 97-311 50-52
ESTATE OF LEONARDO NUNEZ MERCADO --
5/7/97
CASE 88-53801 CA 02.
22.
APPROVE CONTINUED ENGAGEMENT OF
R 97-312 52-53
DAVIS, SCOTT, WEBER & EDWARDS -- AS
5/7/97
COUNSEL TO CITY IN POTTINGER, PETER
CARTER, AND BERRY YOUNG V. CITY OF
MIAMI, CASES 91-5316; 92-5145; 95-4555 --
ALLOCATE FUNDS (NOT TO EXCEED
$25,000, ACCT. 620103-653).
23.
EXPRESS DESIRE TO IMPLEMENT "GOOD
R 97-313
NEIGHBOR PROGRAM" BETWEEN CITY &
5/7/97
UNITED STATES GENERAL SERVICES
ADMINISTRATION (US GSA) -- FOR US GSA
PAYMENT OF FEE FOR CITY SERVICES --
FURTHER INSTRUCTING CITY MANAGER TO
ENTER INTO MEMORANDUM OF
UNDERSTANDING.
24.
RATIFY / APPROVE / CONFIRM CITY
R 97-314
MANAGER'S EMERGENCY FINDING --
5/7/97
INCREASE CONTRACT WITH TREE
ADVISORS CONSULTING -- FOR TREE
DAMAGE SURVEY & SUPERVISION OF
SERVICES IN CITY PARKS -- ALLOCATE
FUNDS ($11,000 FROM CIP PROJECT 331392
"PARK TREES CORRECTIVE TRIMMING /
PRUNNING").
25.
EXECUTE CONTRACT WITH "ICE ARENA" &
R 97-315
"MALIBU GRAND PRIX" -- FOR FIELD TRIP --
5/7/97
FOR PARKS & RECREATION -- ALLOCATE
FUNDS ($13,080 FROM CAMP FEE
REVENUES).
26.
ACCEPT BIDS: (1) RIPLEY'S LAWNCARE FOR
R 97-316
GROUNDS MAINTENANCE AT CENTRAL
5/7/97
DISTRICT POLICE STATION -- (2)
J.R.ALVAREZ LAND CLEARING FOR
GROUNDS MAINTENANCE AT POLICE
NORTH / SOUTH DISTRICT STATIONS &
DAVID HERRING TRAINING CENTER --
ALLOCATE FUNDS ( $12,780, $7,620 & $5,160
RESPECTIVELY FROM POLICE GENERAL
BUDGET ACCT 001000.290201.6.340).
27.
ACCEPT BIDS: AFTER HOUR CLEANING
R 97-317
SERVICE, INC. & ETCETERA SERVICE,
5/7/97
INC. -- FOR FURNISHING OF CUSTODIAL
SERVICES FOR POLICE DEPARTMENT --
ALLOCATE FUNDS ($90,662.52, $81,816 &
$8,846.52 RESPECTIVELY FROM POLICE
GENERAL BUDGET ACCTS. 001000-290201-
6-340 & 503001.291301.6.705.)
28.
AUTHORIZE CONTRIBUTION TO POLICE
R 97-318
ATHLETIC LEAGUE (PAL) -- ALLOCATE
5/7/97
FUNDS ($50, 000 FROM LETF ACCT
690002.291201.6.996) .
29.
ACCEPT BID: INTERAMERICAN CAR
R 97-319
RENTAL, INC -- FOR RENTAL VEHICLES --
5/7/97
FOR POLICE DEPARTMENT -- ALLOCATE
FUNDS ($636,480 FROM LETF ACCT
69002.029032.6,679) --SEE LABEL 46.
53-54
54-55
56-57
57-58
58-60
60-61
61-68
30.
PRESENTATION TO CITY COMMISSION BY
DISCUSSION 68-71
MERRETT STIERHEIM, EXECUTIVE
5/7/97
DIRECTOR OF GREATER MIAMI
CONVENTION & VISITORS BUREAU -- FOR
NATIONAL TOURISM WEEK.
31.
RATIFY / APPROVE / CONFIRM CITY
R 97-320 72-73
MANAGER'S EMERGENCY FINDING --
5/7/97
AUTHORIZE INCREASING CONTRACT
BETWEEN CITY & FLORIDA LEMARK
CORPORATION -- FOR CITY HALL
WATERPROOFING -- ALLOCATE FUNDS
($2,140, Cl P 11337, ACCT, 311401-670).
32.
SCHEDULE FOR COMMISSION MEETING OF
DISCUSSION 73-74
MAY 22, 1997 AT 2:P.M., ITEM CONCERNING
5/7/97
TOWING PRACTICES & TOWING RELATED
ISSUES IN CITY -- DISCUSSION.
33.
TABLE TO AFTERNOON SESSION
DISCUSSION 74-77
DISCUSSION OF MARTIN LUTHER KING
5/7/97
ECONOMIC DEVELOPMENT CORPORATION
LOAN -- SEE LABEL 42.
34.
COMMISSION STATES ITEMS TO BE
DISCUSSION 77
DISCUSSED FIRST IN AFTERNOON
5/7/97
SESSION: BALLOT QUESTION / MARITIME
PARK PROPERTY.
35.
APPROVE PURCHASE OF SAFETY SHOES &
R 97-321 78-79
BOOTS FROM LEHIGH SAFETY COMPANY --
5/7/97
THROUGH GLOBAL TRADING OF MIAMI /
IRON AGE CORP / RITZ SAFETY EQUIPMENT
/ SAM MALLEN CO. -- FOR VARIOUS CITY
DEPARTMENTS -- ALLOCATE FUNDS:
$58,250 FROM ACCTS, 509000-420901-6-719
($1,500); 422001-421301-6-075 ($16,000);
001000-311301-6-719 ($4,500); 001000-
311401-6-719 ($2, 500); 417000-311501-6-719
($900.); 001000-310301-6719 ($350); 001000-
311002-6-719 ($2,500); 001000-280601-6-075
($30,000).
36.
APPROVE PURCHASE OF AUTOMOTIVE
R 97-322 79-80
PARTS / ACCESSORIES FROM 18
5/7/97
VENDORS -- FOR FIRE -RESCUE & POLICE --
ALLOCATE FUNDS ($524,000, ACCTS.
509000.420901.6.702 $25,000;
001000.280601.6.702 $49,000;
503001.291301.6.702 $450, 000) .
37.
TABLE TO LATER IN MEETING DISCUSSION
DISCUSSION 80-81
CONCERNING NORTHWESTERN ESTATES
5/7/97
HOUSING PROJECT -- SEE LABEL 40.
38. RECONSIDER / ACCEPT BIDS OF EIGHT M 97-323
TEMPORARY PERSONNEL SERVICES R 97-324
FIRMS -- FOR FURNISHING TEMPORARY 5/7/97
PERSONNEL SERVICES TO DEPARTMENTS
AS NEEDED -- ALLOCATE FUNDS FROM
USER DEPARTMENTS' BUDGET ACCOUNT
CODES.
39. APPOINT VICE MAYOR REGALADO AS M 97-325
CHAIRPERSON OF COCONUT GROVE R 97-326
STANDING FESTIVAL COMMITTEE -- M 97-326.1
REAPPOINT CITY COMMISSIONERS 5/7/97
SERVING AS MEMBERS OF BOARDS.
40. PROCEED WITH FINANCING OF M 97-327
NORTHWESTERN ESTATES HOUSING 5/7/97
PROJECT AT AREA BOUNDED BY 67 ST / 69
ST / 7 AVE / 10 AVE -- WITH CONDITIONS:
DEVELOPER TO PAY RENTAL IN ARREARS
& HIRE LOCAL MINORITIES -- SEE LABEL 37.
41. AUTHORIZE CITY MANAGER TO GRANT
R 97-328
SUBORDINATION REQUEST FROM MARTIN
5/7/97
LUTHER KING ECONOMIC DEVELOPMENT
CORPORATION (MLKEDC).
42. (A) APPROVE SEPTEMBER 4, 1997 AS DATE
M 97-329
FOR MUNICIPAL SPECIAL ELECTION
R 97-330
CONCERNING BALLOT QUESTION TO
5/7/97
ABOLISH CITY OR NOT -- SEE LABEL 34.
(B) CONDUCT MUNICIPAL SPECIAL
ELECTION ON SEPTEMBER 4, 1997 --
PROVIDE PROPOSAL TO VOTERS TO
DISSOLVE / TRANSFER MUNICIPAL
SERVICES NO LESS THAN 30 DAYS PRIOR
TO SPECIAL ELECTION OF SEPTEMBER 4,
1997 -- FURTHER DIRECT CITY MANAGER
TO PROVIDE PROPOSAL TO DISSOLVE /
TRANSFER MUNICIPAL SERVICES TO
COMMISSION BY JULY -- FURTHER
INSTRUCTING CITY CLERK TO SELECT
INDEPENDENT TRANSLATOR FOR
SEPTEMBER 4, 1997 BALLOT QUESTION.
43. (A) AUTHORIZE CITY ATTORNEY & CITY
M 97-331
MANAGER TO RETURN TO MAY 22, 1997
M 97-332
COMMISSION MEETING WITH PROPOSAL
5/7/97
FOR CITY MARITIME BOARD.
(B) INSTRUCT CITY ATTORNEY & CITY
MANAGER TO STUDY METROPOLITAN
DADE COUNTY'S PROPOSAL TO BUY CITY
MARITIME PARK PROPERTY -- RETURN TO
COMMISSION WITHIN 90 DAYS.
(C) COMMISSIONER GORT QUESTIONS
WHEN COMMISSION WILL CONSIDER
MERRYLL STEVENS MATTER.
81-83
84-87
87-90
90-92
93-97
97-116
44.
DISCUSS / REFER PROPOSAL FOR SPANISH
M 97-333
116-120
RODEO & FIESTA TO CITY ATTORNEY &
5/7/97
CITY MANAGER FOR REVIEW PRIOR TO
COMMISSION CONSIDERATION.
45.
CONTINUE CONSIDERATION OF ALL
M 97-334
120-121
AGENDA ITEMS CONCERNING BOARDS &
5/7/97
COMMITTEES APPOINTMENTS (AG 37.1
THROUGH 37.24) TO NEXT MEETING,
46.
GRANT USE OF ROBERTO CLEMENTE PARK
R 97-335
121-123
TO RAFAEL HERNANDEZ HOUSING &
5/7/97
ECONOMIC DEVELOPMENT CORPORATION
WITH CONDITIONS -- FOR " VIRAZON
CAMPAIGN" SCHEDULED FOR JUNE 1, 1997.
47.
(A) RECONSIDER PRIOR ACCEPTANCE OF
M 97-336
123-132
BID FROM INTERAMERICAN CAR RENTAL,
R 97-337
INC. FOR FURNISHING RENTAL VEHICLES
R 97-337.1
TO POLICE DEPARTMENT.
5/7/97
(B) REJECT BIDS RECEIVED FOR RENTAL
VEHICLES FOR POLICE DEPARTMENT --
ITEM TO BE RE -BID -- EXTEND FOR 60 DAYS
PRESENT CONTRACT FOR CAR RENTAL.
48.
PERSONAL APPEARANCE: PATRICIA
DISCUSSION
132-133
SAMIOS ALLEGATIONS AGAINST BELL
5/7/97
SOUTH TELECOMMUNICATIONS, INC., THE
CITY OF MIAMI POLICE DEPARTMENT AND
OTHER GOVERNMENTAL AGENCIES,
49.
BRIEF DISCUSSION BY VICE MAYOR
DISCUSSION
133-134
REGALADO CONCERNING SCHEDULING
5/7/97
NOISE ABATEMENT MATTER ON
COMMISSION MEETING AGENDA.
50.
GRANT SUBORDINATION REQUEST BY
R 97-338
134-138
IDEAL REHAB,INC & LIBERTY CITY
5/7/97
IMPROVEMENT CORPORATION.
51.
SCHEDULE TOWING RELATED ISSUES FOR
M 97-339
138-140
MAY 22, 1997 COMMISSION MEETING --
5/7/97
NOTIFY CONCERNED PARTIES INCLUDING
OFF STREET PARKING & POLICE -- SEE
LABEL 54.
52.
BRIEF DISCUSSION REGARDING MRS.
DISCUSSION
140
MARY HELEN McINTIRE'S ZONING
5/7/97
COMPLAINT AT 1786 N.W.16 ST.
53.
AUTHORIZE $15,000 ALLOCATION -- FOR
M 97-340
141
DEMOGRAPHIC SERVICES FOR SINGLE
5/7/97
MEMBER DISTRICTS BLUE RIBBON
COMMITTEE.
54.
ESTABLISH TIME CERTAIN FOR TOWING
DISCUSSION
141-142
HEARING SCHEDULED FOR MEETING OF
5/7/97
MAY 22, 1997 -- SEE LABEL 51.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 7th day of May, 1997, the City Commission of Miami, Florida, met at its regular
meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular session.
The meeting was called to order at 9:43 a.m. by Mayor Joe Carollo with the following
members of the Commission found to be present:
ALSO PRESENT:
Mayor Joe Carollo
Commissioner Tomas Regalado
Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Edward Marquez, City Manager
A. Quinn Jones, III, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
An invocation was delivered by Tony Rodriguez, President of the Fraternal Order of
Police who then led those present in a pledge of allegiance to the flag.
NOTE FOR THE RECORD: By memorandum from the City
Manager, the following agenda items were withdrawn: 37.3, and
37.17.
Mayor Carollo: We don't have any presentations and proclamations today.
Commissioner Plummer: Mr. Mayor, I move the minutes of the two special meetings held on
November the 15th. I so move.
Mayor Carollo: OK. There's a motion on item B by Commissioner Plummer. It's seconded by
Commissioner Hernandez. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
1 May 7, 1997
NOTE FOR THE RECORD: On motion duly made by
Commissioner Plummer and seconded by Commissioner
Hernandez, the minutes of two Special Commission meetings of
November 15, 1996 were approved by the Commission.
----------------------------------------------------------------------------------------------------------------
1. CONSENT AGENDA.
Mayor Carollo: We are now in the consent agenda.
Vice Mayor Regalado: Mr. Mayor, CA-2, I'd like to make a comment on that or defer it for
other meeting.
Mayor Carollo: OK. You want to defer it?
Vice Mayor Regalado: Yes.
Mayor Carollo: All right. Is there any problems, Mr. Manager, with deferring this at all?
Mr. Edward Marquez (City Manager): No problem.
Mayor Carollo: OK.
Vice Mayor Regalado: And the reason...
Mayor Carollo: We're going to defer CA-2. Any other items on the consent agenda? There's
only four today.
Commissioner Plummer: Just for the record, I think that the parties of item 3 and 4 should be
aware that our granting their right to serve liquor, they still have to apply to the State for a State
liquor license...
Mayor Carollo: Yeah.
Commissioner Plummer: ... more so than what they have to do with us.
Mayor Carollo: Right.
Commissioner Plummer: So it's not misunderstood.
Mayor Carollo: Sure. It's clear.
Commissioner Plummer: Mr. Mayor, no one comes forth to speak on the issue. I move the
consent agenda, less item number 2.
Commissioner Hernandez: I second the consent agenda.
Mayor Carollo: OK. There's a motion and a second on the consent agenda, with CA-2 being
deferred, and Commissioner Gort would like to make a statement.
2
May 7, 1997
"1
Commissioner Gort: Also, my understanding is, unless the rules have changed, they can only do
it for one day.
Commissioner Plummer: What do you mean?
Commissioner Gort: The State law is to only issue license...
Commissioner Plummer: No, no. I get three-day licenses at the park.
Mayor Carollo: All right. Hearing that no one from the public would like to address the
Commission on the consent agenda, all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, T WAS DETERMINED THAT ANY CONSENT
AGENDA ITEM, WHICH IS PULLED BY A GIVEN
COMMISSIONER FROM THE CONSENT AGENDA FOR
FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE
AUTOMATICALLY DEFERRED AND SCHEDULED, AS A
REGULAR ITEM, ON THE NEXT AVAILABLE AGENDA.
THEREUPON MOTION DULY MADE BY
COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER HERNANDEZ, THE CONSENT
AGENDA ITEMS WERE PASSED BY THE
FOLLOWING VOTE:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
3 May 7, 1997
1.1 APPROVE PURCHASE OF MEDICAL LATEX EXAMINATION GLOVES FROM
AERO PRODUCTS CORPORATION -- FOR FIRE RESCUE -- ALLOCATE FUNDS
($20,695, FIRE RESCUE ACCT 001000.280501.6.714)
RESOLUTION NO. 97-303
A RESOLUTION APPROVING THE PURCHASE OF MEDICAL
LATEX EXAMINATION GLOVES FROM AERO PRODUCTS
CORPORATION, ON A CONTRACT BASIS FOR ONE (1) YEAR
WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE
(1) YEAR PERIODS, UNDER EXISTING DADE COUNTY
CONTRACT NO. 1488-2/00-OTR-CW, FOR AN ESTIMATED
ANNUAL AMOUNT OF $20,695.00, FOR THE DEPARTMENT OF
FIRE -RESCUE; ALLOCATING FUNDS THEREFORE FROM THE
DEPARTMENT OF FIRE -RESCUE FY' 96-97 BUDGET, ACCOUNT
CODE NO. 001000.280501.6.714; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE DIRECTOR OF PURCHASING TO
ISSUE PURCHASE ORDERS FOR THIS ACQUISITION AND
THEREAFTER TO EXTEND THIS CONTRACT FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS AT THE SAME PRICE,
TERMS AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF
FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
1.2 APPROVE APPLICATION FOR STATE LIQUOR PERMIT BY FLORIDA
RESTAURANT & HOTEL EXPOSITION, INC. -- FOR DISPLAY & CONSUMPTION
OF BEVERAGES AT COCONUT GROVE CONVENTION CENTER, 7 / 26 & 27 / 97.
RESOLUTION NO. 97-304
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE APPLICATION BY FLORIDA INTERNATIONAL
RESTAURANT & HOTEL EXPOSITION, INC., FOR A TWO-DAY
STATE LIQUOR PERMIT FOR THE DISPLAY BY
MANUFACTURERS OR DISTRIBUTORS OF PRODUCTS LICENSED
UNDER THE STATE BEVERAGE LAW, AND TO ALLOW
CONSUMPTION OF SUCH BEVERAGES ON THE PREMISES OF
THE COCONUT GROVE CONVENTION CENTER, MIAMI,
FLORIDA, DURING THE PERIOD OF JULY 26-27, 1997, SUCH
APPROVAL BEING A STATUTORY REQUISITE PRIOR TO THE
STATE'S ISSUANCE OF SAID PERMIT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4 May 7, 1997
1.3 APPROVE APPLICATION BY GOURMET WINE CLUB, INC. -- FOR STATE
LIQUOR PERMIT -- FOR DISPLAY & CONSUMPTION OF BEVERAGES AT
COCONUT GROVE CONVENTION CENTER, 1 / 21 & 25 / 98.
RESOLUTION NO. 97-305
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
THE APPLICATION BY GOURMET WINE CLUB, INC., FOR A
FIVE-DAY STATE LIQUOR PERMIT FOR THE DISPLAY BY
MANUFACTURERS OR DISTRIBUTORS OF PRODUCTS LICENSED
UNDER THE STATE BEVERAGE LAW, AND TO ALLOW
CONSUMPTION OF SUCH BEVERAGES ON THE PREMISES OF
THE COCONUT GROVE CONVENTION CENTER, MIAMI,
FLORIDA, DURING THE PERIOD OF JANUARY 21-25, 1998, SUCH
APPROVAL BEING A STATUTORY REQUISITE PRIOR TO THE
STATE'S ISSUANCE OF SAID PERMIT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
----------------------------------------------------------------------------------------------------------------
2. PERSONAL APPEARANCE: THELBERT JOHNAKIN TO DISCUSS LACK
OF POLICE PRESENCE IN MODEL CITY AREA -- FURTHER
COMMISSION DISCUSSES RATIONALE FOR NORTH & SOUTH POLICE
SUBSTATIONS.
Mayor Carollo: We're now on item number 3. Commissioner Gort, this is one of your items.
Commissioner Gort: The letter says Mr. Thelbert Johnakin, chairman of the Model City Crime
Prevention has requested and is scheduled to speak to us.
Mr. Thelbert Johnakin: My name is Thelbert Johnakin. I live at 1345 Northwest 51 Street. And
I'd like to say good morning, Mr. Mayor, Board of Commissioners, and to all that is here. I'm
here this morning because of my concern about this City. It's a City that... we are one group,
that we want to help save, and the only thing that we're asking is for everybody to be fair. And
we have to work as a team to save this City. And we don't aim to give up on this City. So this
morning, I am concerned, the groups are concerned with reference to police visibility. As you
know and we know, that Model City do not have police officers. We only have from two to
three police officers during the early... the morning shift. And this is... I think this is bad. I hate
to come before this Commission, letting everybody else know that we don't have but two to
three Commissioners - I mean, I'm sorry - two or three police officers in the Model City area.
As you know that in Model City, you can't buy a job in Model City. And due to that, I think that
we have a lot more crime. I'm here because my home has been broken into. A lot of people's
home has been broken into. And I think, basically, because we need more visibility, we need the
jobs. And I'm not here... I know you all can't get some jobs, but we need to come up with some
solution or whatever to deal with getting more police officers. If we don't, with the two police
officers or three police officers that you have is going to go down there one of these days, and
they're going to get their self in some trouble. When you have a police officer go out on... in
certain areas, we have hot spots. And you go down there, it's like if you try to make an arrest,
it's like everybody is right in on top of you, on the police officer. And we don't want no police
May 7, 1997
officer hurt, and we don't want none of our children, our kids hurt. The only thing that I'm
hoping that this Commission can do is to do something in reference to getting more police
officer visibility to help this community.
Mayor Carollo: Would you like to address him?
Major Frank Christmas: Good morning. I'm Major Frank Christmas, Commander of the North
District. And first of all, I'd like to thank Mr. Johnakin for coming forth and speaking in behalf
of the Police Department. We are down some personnel. However, we have procedures in place
to cover those shortages. For instance, in the Model City area, we have approximately... well,
actually, we have three officers who are out injured. We have two vacancies so far, and then one
that's on administrative leave. So though we're down in personnel, we have procedures in place
to supplement those officers until they're able to come back full duty. I mean, these are
unforeseen things that we just don't have immediate control over.
Commissioner Gort: Let me ask you a question. Is the statement correct that you only have two
officers patrolling in Model City in the morning?
Major Christmas: Well, it might show that on our attendance sheets, but we are able to get
officers in from other districts to fill in, to supplement, and those are the procedures that are in
place. So it might show on that particular crew, due to the injuries. And three of the injured
officers are on that particular shift. The shift will consist of about five officers. Well, if three
are down, then it will only show two. So he's correct in that respect.
Commissioner Gort: The north substation serves...
Major Christmas: Three NET (Neighborhood Enhancement Team) service areas.
Commissioner Gort: Three NET service areas.
Major Christmas: Mm-hmm. Upper East Side, Little Haiti, and Model City.
Commissioner Gort: Right. And how many officers are assigned to the north station?
Major Christmas: We have a total of 166 officers, in total.
Commissioner Gort: A total of 166 officers assigned to that station.
Major Christmas: Yes.
Commissioner Plummer: How many in patrol?
Major Christmas: We have...
Mr. Johnakin: Thirty-six.
Chief Donald Warshaw (Chief of Police): In patrol in the Model City...
Commissioner Plummer: Yeah.
Chief Warshaw: ... or at north?
Commissioner Plummer: In the north substation.
6 May 7, 1997
9
Chief Warshaw: About 104. Let me also add, just to give you some perspective on the numbers,
there are 42 street officers assigned to the Model City area. That's the third highest number
behind downtown and Allapattah. The numbers range anywhere from 23 to the 30's, and
downtown, which is the highest, at 69. Is it enough? Do we want more? Of course, we do. I
told Mr. Johnakin there were several academy classes in place right now, and as these police
officers graduate and we start to fill back the ranks, as a result of people who left early, during
these early retirements, Model City and all the NET areas will get their proportionate number
back. But again, I understand that that's a small number when you spread it out seven days a
week, 24 hours a day, on three shifts. But they're assigned 42. They have a couple of vacancies.
We're trying our best to fill in the numbers as quickly as we can.
Commissioner Hernandez: Chief, do you have any numbers, since we've opened that north
substation, as to crime rates gone up or down in the area?
Chief Warshaw: Well, the crime rates have gone down in all...
Commissioner Hernandez: In general.
Chief Warshaw: Yes, in... in all areas of the City, including Model City. And last year, they had
some substantial drops in crime. But again, I understand Mr. Johnakin's concern about visibility
and presence. And when police officers are going from call to call, they don't have the time to
do the proactive kinds of things, like drive through the streets and create high visibility presence.
That's where we want to be. The numbers... the total numbers for 1996, there was a 13 percent
drop in the Model City area.
Commissioner Gott: Chief, my suggestion is, as the... I'm not a police officer and I'm not going
to tell you how to do your job, but my understanding from information that I received from you
all, that the NET lieutenants, more or less, will get together with the citizens, they will know
what cries are taking place, what time those crimes are taking place, and they'll distribute their
force according to those.
Chief Warshaw: That's correct.
Commissioner Gott: So can we get with Mr. Johnakin and see what...
Chief Warshaw: And Mr. Johnakin works very closely with Lieutenant Brenda Williams, who is
the NET lieutenant. And he knows that I believe he is one of the strongest advocates we have.
He's on my back all the time, and pushing us hard, and I know he's pushing all the time for more
police officers. And I hear him loud and clear. And believe me, as they graduate, Model City
will get, you know, their proportionate share.
Mr. Johnakin: Chief, when these officers graduate, by that time, you'll have 28 more that have
resigned, or whatever. And it takes anywhere from five months for a police officer to go to
academy, and then another three months or whatever. We're talking about ten months, roughly.
And I don't see where we're going to gain anything from this, unless we go ahead on... unless
it's some way that you can really go on out and hire these... a lot more officers.
Chief Warshaw: I have spoken, and the City Manager and myself have gone over in depth the
hiring plan that we've got for the next two years. And for the first time in many, many years,
we're basically hiring above and in anticipation of attrition, so that we won't have that problem,
because historically, you're right. We would hire 30, and by the time those 30 got out of the
FTO (Field Training Officer) Program, we lost 40, with a net loss of ten. And that's why we
never get ahead of the game. So we've come up with a very aggressive hiring plan. We've got a
register of several thousand names, and we're doing that hiring in sufficient numbers, so that
7 May 7, 1997
r
we're going to be above the line, and attrition won't pull us down. But this is a process that's
going to take some time.
Commissioner Gort: Chief, are we losing officers...
Mr. Johnakin: Chief, why... I'm sorry.
Commissioner Gort: Excuse me. Are we losing officers because they're retiring, or because of
their... they're just resigning?
Chief Warshaw: Well, Commissioner, it's kind of a complicated problem. A lot of it has to do
with the way we did hiring, you know, back in the '70s. And large numbers of people are
becoming retirement eligible all at once. And with the advent of cities like Aventura and
Pinecrest, a lot of our officers are taking pensions, leaving, picking up another salary, and going
to work somewhere else. And that's accelerated the attrition process.
Commissioner Gort: OK.
Vice Mayor Regalado: Chief, just to clear the air, since we're talking about the north station, I
think that we should address also the situation of the south station, because there could be the
perception that we are going to close down a substation in the Latin community, and we are
going to maintain and even add more personnel to the north station. And I can tell you, and I'm
sure that all the members of this Commission can tell you that we have gotten a lot of complaints
from neighbors in the Little Havana area. So first of all, why... what is the difference between
north and south? So the people would understand. And the second is, and that would be
addressed to the Manager, if we can revisit it, the possibility of selling or maintaining the south
station.
Chief Warshaw: All right. The Stierheim plan called for the sale of both the north and south
stations. It came to pass after that, the north - excuse me - the north station is built on leased
land, so the City really could not sell the building and realize any kind of a gain, a cash gain.
There were certain... there were many meetings in the Model City area about the North District
station, and during the course of those meetings is when this information came out. So basically,
the north station is going to remain because it can't be sold. That left the south station, which
was part of the original Stierheim plan, for sale, somewhere in the area of two and a half million
dollars. And I know that was approved sometime back, and I don't know exactly where it's at
now in terms of Asset Management, and I know it's been advertised for sale. Let the Manager.
Mr. Johnakin: Chief...
Mr. Edward Marquez (City Manager): Mr. Commissioner, let me follow up a little bit on this
thing. This is an area where, perhaps, perception is not reality. The perception that... From the
way I understand it, and the Chief will explain a little bit further, we are, indeed selling the south
station. It's worth two point five million dollars to us. And we can always change that, but we'd
have to come up with a substitute that's acceptable to the Oversight Board. But the perception is
that we're losing police coverage in that area, and that's not the fact. In fact, the reality is just
different than that. And Chief, would you explain the mechanics of police coverage?
Vice Mayor Regalado: Absolutely, we know that. And all of us have explained that in the
media. The problem is the perception and the symbol. That's all that there is to it.
Chief Warshaw: Right. An I certainly understand. When you give something to a community,
like a building, the symbolism of a police building, it's very hard to take it away. But as the
Manager said, basically, what we did is, we took our centralized operations and just splintered
8 May 7, 1997
them out between north, central and south. With the exception of the fact that the officers report
to these substations, and then leave for their daily tours of duty, they're being dispatched on calls
coming out of the main building downtown, where before there ever were substations, for 90
years, that's the way the Miami Police Department dispatched its officers. And in a 34 square
mile City, in reality, now that you've got NET, and you've got decentralized offices all over the
City, you really don't need district stations except, again, that the symbol of them is meaningful
to people, and I certainly understand that. But there is absolutely no impact on our ability to
have officers get where they have to go as quickly... I mean, in reality, you could walk from the
downtown main headquarters building. Some of our officers jog there, you know, when they
run, from central to south. So I mean, it's very close. But I've said many times that there really
is absolutely no impact whatsoever, in terms of less service, simply because that building isn't
there.
Commissioner Hernandez: Chief, I understand the situation, and I think you make it very clear
that service is not going to he hindered by the closing of the substation. I... back in December, I
believe, I met with the African -American community, and I fought for maintaining that
substation open. And I know that there's a difference, obviously, in the ownership rights that we
have with that substation in Little Havana. But in my opinion, and based on what I've been
seeing for the last two weeks, perception is very important in that area. And whether we can
relocate to another building in the area, I think it's extremely important for Little Havana, for
that community. We've made a commitment, a sound commitment to the African -American
community, and I think we need to make that commitment to the Hispanic community. My
second question really is to the Manager on something he just mentioned. You state that the
building is worth to us two point five million dollars?
Mr. Marquez: I believe that's the number. Jack Luft?
Commissioner Hernandez: Why? How can that be so low when, supposedly, the land.purchase
was two point two million, and construction was another two point two or two point five
million? We're looking at close to a five million dollar investment on the part of this City. Why
would we sell it for half the price of what we invested?
Ms. Dena Bianchino (Assistant Director, Asset Management): I just would like to clarify a
point. We did two appraisals on the property, and the value is one point five million dollars.
Commissioner Hernandez: After we spent five million dollars ($5,000,000) on it.
Commissioner Plummer: Well, can I help you?
Commissioner Hernandez: Yes, please.
Commissioner Plummer: Because I was here. We made it a mandate that both substations
would not exceed five million dollars ($5,000,000). The difference was in the south substation,
we had to actually buy the property. The two and a half million dollars was for staff... not
staffing, but furniture, fixtures, telephones, computers, all of that. The parking lot was included.
And that was the reason why there is a difference of the two and a half million dollars. Now, I
don't understand why the property value has gone down to a million and a half. We did... and let
me say this to you. I guess I can say it. People knew that we wanted the property. OK? And
we were at the point with some of the owners to take them into condemnation. So I'll just add
that to you there, because I was here.
Commissioner Hernandez: Well, why... I mean, it makes no... it's not feasible to take that hit on
that piece of property. I mean, this piece of property here is ten times more valuable than that
piece of property. Maybe we should consider moving City Hall to that piece of property, and
9 May 7, 1997
selling this piece of property we have here in Coconut Grove. We're talking about a lot of
money here. We invested five million dollars ($5,000,000). We're not going to take a three and
a half million dollar hit, because that's what the property is worth now.
Mayor Carollo: Well, I'm glad this is coming out in the open. I think this is the way that we
need to discuss it, all of us eyeball to eyeball, not independently in radio programs. This way,
everything can be cleared up. Number one, I think that all five of us voted on the Chief's
recommendations on this particular subject, at least around four times. In fact, the latest that we
voted to go ahead and sell this property was last Monday, or should I say this Monday, when we
approved the five-year plan with the amendments again, that was part of it. When we originally
approved the five-year plan, that was another time that we approved that, and a couple of other
times when we approved some of the amendments, and the original plan for this year's deficit
cutting, we approved it, also. So all five members of this Commission voted for that. Now, if
there is a change of heart from one member or more, then we need to discuss it, because I, for
one, went along with this, based upon the recommendations of the Police Chief. And I'm not
going to be left hanging out by some, being put out like if we're the bad guys, that we're treating
one community one way and another community the other way, and that we're the ones that
want to provide less police protection to the Little Havana Cuban -American communities of this
City, first of all, Chief. And this Commission here could change this. All we have to do is
provide substitute amounts for the Oversight Board. And in this particular property, for what
I'm being told that we're going to get out of it, I don't think we're talking about a major amount
that's going to cause any problems if we decide that we're not going to sell it. That's number
one. The recurring amounts, I don't think, are that great, either. I think it's somewhere between
two hundred -plus, three hundred -plus thousand dollars. But we still have to find recurring
revenue to make up for that for the other years, but it's not a great amount. Last, but not Ieast, I
think, Chief, that you need to explain the benefits as you saw that, because the perception that's
being given is that, one, there's going to be less police presence, less police protection in Little
Havana, if we close this station, when, in fact, you have stated that if it's closed, in reality,
there's going to be more police presence out in the streets, because you're going to have at least
20 personnel from the Police Department that wouldn't be tied working inside, in desk jobs, in
that office. So you're going to have, as I understood it, at least ten police officers more on the
streets, patrolling the streets. You're going to have an additional five public service aides in the
streets, instead of inside the building, and you're going to have five additional personnel,
civilians, that won't be tied into that building. So you need to explain that. This Commission
needs to make a decision on if it wants to change its mind. I understand - and correct me if I'm
wrong, Commissioner - but in the town hall meeting tonight, you've called some sort of rally,
too, for the people to come that want to keep that station open. If that's the case, let's clear the
air right now. I would personally be willing to go there tonight so that I could face the music
along with you. I don't want to leave you alone to that. So if the Chief could explain to us why
he recommended this, the actual savings that we're having, the additional police presence that
Little Havana and Flagami would have, and then this Commission could make up its mind today
or at a later date, of what we want to do with that property. I don't think either way that we go is
going to be... or make any great difference in the total economic picture of this City.
Commissioner Hernandez: And Chief, before you answer the question, in addition to the
Mayor's question, I'd like to know why your argument doesn't face the same standard to the
African -American community, because I would think that if it doesn't hinder police services in
Little Havana, it should not hinder it in the African -American community, either. So I think you
should make a differentiation of why one should stay open and why one should...
Mayor Carollo: He should. And I agree that the same principle will apply to both stations. As I
recollect, the reason this Commission - all of us, all five of us - on at least four different times
voted upon this was for the fact that we were explained by the Police Chief, by the
Administration that the difference was that in the north substation in Liberty City, that property
10 May 7, 1997
was not owned by the City. It was leased by the City. The south substation in Little Havana,
that was owned by us. Therefore, the reasoning behind it that was explained to us was that the
south substation could be sold, and we could have gotten money for it, and that was the main
thrust for it; whereas the north substation, it would be very difficult for us, if not...
Commissioner Hernandez: ... impossible.
Mayor Carollo: ... even harder to find someone to sublease it to. And therefore, you know, the
actual savings would be almost nil. But the fact still remains that if that station would be closed
in the north end, the perception that some people think that it would provide less police
protection is erroneous. It would provide more police presence in the streets, more police
protection in the streets of Liberty City, also. See, what we're forgetting is the following: That
in this modern age, where a patrol vehicle has all kinds of equipment, where we now are going to
be installing computers that are going to be hand-held in every vehicle, the the officer could pull
the computers out and take it with them into the crime scene. Each police vehicle that we have
out there is actually like a mini police station. And what we need is to put as many police
officers as we can out in the streets, not sitting behind desks. In fact, the problem that I have is,
Chief, that we have too many police officers, more than we should, sitting behind a desk at the
main police station. I would like to see more be put out in the streets. That's where we need to
have the majority of our police force at.
Commissioner Gort: Mr. Mayor...
Commissioner Plummer: Well, that's what you've asked me to look at.
Mayor Carollo: Yeah.
Commissioner Gort: Yeah. That's...
Mayor Carollo: And that's what Commissioner Plummer will be looking at.
Commissioner Gort: He's going to be looking at it, yeah. And Mr. Mayor, I remember coming
from a trip from Washington, going straight from the airport to Model City, to address this. And
I told the citizens of Model City, and like I tell everyone else, my understanding is the reason the
substations were built is because crime was high at that time, and there was a perception that the
substations were going to take care of that. Now, my understanding at that time, the NETS were
not implemented, and the police were not that strong at the NET. Now, my understanding is...
and I think the Chief needs to explain this, because this is what has been told to me. And I think
all of us took the decision based on the information we got from the professionals. I tell my
community, I'm not a police officer, I can't tell them how to do it or how to deploy. They're the
ones that have to tell me how they're going to reduce crime. Now, my understanding is that
from now on the NETS are going to be receiving an increase in police force, that NET
lieutenants are in charge of each of those neighborhoods. In other words, you have more of a
presence at the neighborhood level than you do at substations. That was my understanding when
I voted on this issue. So I think, Chief, it's very important... and I apologize, I won't be able to
go to the town hall meeting tonight, because I have a previous engagement that was established a
long time ago, and I can't say no. It's a fund-raiser, so I've got to be there. So I hope you
apologize and you let them know, and I hope... Chief, you're there, and you explain very
carefully the reduction of crimes, how much a substation really does versus the NET services.
And I think it's very important for people to understand that, because we can't go on perception.
Commissioner Plummer: Well, I think one of the questions that has to be asked is, what can you
do at a NET office that you can't do at the police station, or vice -versa? What can you do at the
police station, substation, that you can't do at a NET office? And as far as I know, you have no
holding cells in the substations.
11 May 7, 1997
Chief Warshaw: That's correct.
Commissioner Plummer: So, I mean, you go there to file a report. Yes, it's a symbol of...
mortar and brick. But anything you can do, as far as I know, at that substation, you can do at a
NET office.
Commissioner Hernandez: Mr. Mayor...
Mayor Carollo: Go ahead.
Commissioner Hernandez: Just two comments. Number one, absolutely right, we voted
five/zero on this, more than four times, probably. I think we did so because it was the
contingency that this was not etched in stone, and we can revise the five-year plan at any point in
time, especially with something like this, which is really not a substantial matter. It doesn't
really affect the five-year plan that much. The second comment is... And my whole argument
on radio, as well as when I've been interviewed on TV, is not the issue of whether we sell this
piece of land or not. The issue is that the people are asking for presence. The people want...
The perception is that we are leaving that community. Whether we are or not, the people are
asking. And tonight, you will see. You will feel the pulse of the community, which will be out
there, telling you they want police presence in that area.
Mayor Carollo: Commissioner, I have been one that has always listened to what the people have
asked for. But the people have to be told and explained the whole ball of wax. One side only is
being told, not the whole story. After the whole story is told, I would be more.than willing to go
along with what a majority of the public wants. But I think the police chief needs now to explain
here why he made that recommendation, and in effect, how many more people and police
officers that would put out in the streets to patrol Little Havana and Flagami. He needs to go to
the town hall meeting and explain that. What, in essence, I am making clear, Commissioner, is
that what we can't do with this is be playing political footsies with it. I don't care what ex -City
officials that, I guess, will be running for public office from now until hell freezes over, wants to
organize pickets and people to attack some of us, or what other games some other people want to
play. You know, we're too busy to be playing all these games. We need to get down to the
business of running a City efficiently, and developing a lot of the properties that we have. If,
after the Police Chief takes a reasonable amount of time to explain to the neighborhoods in that
area what he feels is the plus for the neighborhoods, if that substation is not there, if the majority
of the people insist that they prefer less police officers in the streets and more police officers
sitting behind a desk, because that would make them, in their perception, feel more protected, I
would be happy to go along with it. I have no problem.
Commissioner Plummer: Well, let me make the record very clear. I voted for that issue,
predicated on two things in the revenue. One was a source of money coming in from the sale of
the building. Number two, the elimination of the expense of operating the building. And more
so, putting you on the spot, Chief, your standing before this Commission saying that if we closed
it, we got better service, because we had more people out on the street. For that reason, I voted
for it before, and I think I would have to vote for it again, predicated on that amount of
information.
Chief Warshaw: OK. Let me... I'm sorry. Are you ready for me? Let me just give you a little
bit of history, so you understand how all this really came to be. And you're right, Commissioner
Plummer, this was basically driven by money. You know, when the sixty-eight million dollar
($68,000,000) deficit was uncovered, and it was obvious that in the Police Department, the only
way to really find substantial savings of dollars was going to be personnel. And nobody was in
favor of laying off or eliminating police positions. You know, I was asked to go page by page,
12 May 7, 1997
point by point, through my budget, and unearth every conceivable savings. One of those
savings was the sale, you know, of police facilities. And realistically, if the City wasn't in the
financial, you know, condition it was in now, we probably wouldn't be talking about selling
these buildings. So it's being driven by the fact that they can bring in money, particularly the
south station, whether it's two and a half, or three, or four, whatever the number is. I also want
to touch on another little piece of history, because I was here. And Commissioner Hernandez,
you asked me about the north and the south. The building of the North District substation - I was
here when that happened - was based upon a whole lot of factors other than just putting up a
building, particularly, the civil unrest in the community, and the need that the black community
expressed, that they wanted to bring police closer to them. There was no NET Program at that
point. So the thing that fueled the building of those buildings was the very strong, you know,
echoing of the community to put a building in the North District. And as a result of that, two
buildings were built, one north and one south. That's issue number one. Issue number two, it is
true that the North District station is a lot farther from here than the South District is. But in
either case, police services, in terms of dispatched calls for service, would not be compromised if
both buildings were closed. I mean, again, I stated before, for 90 years, the Miami Police
Department has deployed its manpower out of one, usually in the downtown... probably all of
those 90 years in the downtown area. So there is no compromise of service. Now, then along
came NET. Now, NET and community policing as part of NET changed the way we deploy all
of our police officers. We deploy them now into NET service centers, which has absolutely
nothing to do with the north and south station. And I've said many times before, if both those
buildings were closed, that wouldn't change the fact that every one of the City's NET service
areas has a lieutenant and has a deployable number of police officers who respond to concerns
and problems in that area. What those buildings do do is they cost money. I mean, they cost
money for police officers sitting at a desk. They cost utilities, electricity, phone service, xerox
machines, fax machines, and what have you, because they're open 24 hours a day. So what I've
stated before, and I'll state again, that if those buildings were closed, that would not, in any way,
infringe public safety, our ability to get police officers as quickly as we can to the scenes of calls.
Again, I agree with you, there's a symbolism attached to them that is very important to certain
people, but in reality, it's only the people who live within a two or three square block radius of
the buildings themselves that really feel the presence, because those police cars are out the
minute those roll calls take place, and the cars are out on the street. As the Mayor pointed out, in
the South District station, there is a savings of somewhere in the vicinity of six to ten sworn
officers, several civilians, four or five - I don't have the exact number - several hundred thousand
dollars in recurring costs for the utilities, the maintenance. As a matter of fact, there's a few
items on the Commission agenda today for janitorial services, as well as for other kinds of
maintenance contracts for both those buildings, which, of course, would be saved if both those
buildings were gone.
Mayor Carollo: We're not getting any of those expensive toilet seats that the County buys, are
we?
Chief Warshaw: No, sir.
Mayor Carollo: OIL. Thank you.
Chief Warshaw: I mean, buildings cost money to operate, especially police buildings, because
they're open around the clock. I should also point out that there are other improvements that
have to be made. The building has to be resealed, and cleaned, and landscaped. And again, in
good times, I mean, these are... As a Police Chief, I'd be lying to you if I didn't tell you I'd love
to have those facilities, because it makes, you know, policing with the community an easier thing
to do. The positive side here is NET. I think in East and West Little Havana, the citizens know,
for the first time, police lieutenants, and sergeants, and NROs (Neighborhood Resource Officers)
who are coming out of those NET offices. They don't know where those lieutenants are coming
13 May 7, 1997
from. They're coming from the NET service areas. So again, with the exception of the people
who have a passion for the building, the building, in reality, does nothing, as it relates to day-to-
day police service. I don't know how else to say it, other than that. I mean, it's... Again, I wish
we could keep them, and...
Mayor Carollo: Chief, can you get us a breakdown of the crime stats right around that station?
Because I've even heard that there is some TV repair shop right across from it that got broken
into. And I'd just like to really see if the crime stats right around that station are lower, the
same, or higher than in other parts of Little Havana or Flagami.
Chief Warshaw: I'll get that for you, Mr. Mayor.
Mr. Johnakin: Mr. Mayor, you know, with this substation, the substation definitely means a lot
to Model City. And we fought hard for this station back in 1989. I remember when it was... the
doors was first opened. And we fight hard for that station. We had so many problems, and we
still have a lot of problems, as far as the station. But these... to think about closing the north
substation, that's like closing Liberty City down or Model City. And this is something that we
are trying to do now. We are trying to base it on community relations. I know about the NET
Program. I'm a part of that NET Program. But the station, as far as... We have to look at the
type crime that we have in different areas. And most of the areas that you have, you don't have
the same type crime in these other areas that Liberty City have. Just so many times that I have
come before you all, Commissioners, and referenced the certain things that are needed. Now, as
far as right now, with the station, Chief, I don't know... As far as computers, now, we been
working out of that station without computers. The computer is shot. The copying machine
work half of the time, you know, and this is sad, that... I wouldn't accept... want Model City to
accept... Here this subject is coming up again about closing, you know, thinking about or
whatever, to close the Model City station, because you have more volunteers now, Mr. Mayor,
than you ever had before. We have the COPS, Citizens on Patrol. You have them taking desk
jobs. You have them out on the street patrolling. You have more volunteering than ever before.
And we can't keep on playing around with the community, because we're going to lose those
people that we already have. We're trying to save our City. We're not trying to do away with
our City. But if you keep on, the people that is involved with the City, we are going to lose the
ones. And I would like for somebody... Chief, I don't know if you can say something about the
computers. I know that these computers were ordered.
Chief Warshaw: Mr. Mayor, on the issue of technology, I know you're aware. We have the nine
and a half million dollar grant for mobile digital computers for the police officers in their
vehicles. What Mr. Johnakin is talking about are the PC (personal computer) computers for the
Police Department. The Police Department, unfortunately, was the last department scheduled to
get computers, and then the financial problems came. I've been working very closely with the
Manager. We've got some monies set aside, we believe, in capital funds, and we're looking at
forfeiture funds for other, you know, other dollars. And that's a high priority for me, to get the
department, you know, computerized. We're using computers that are more than ten years old,
and they're basically, you know, outdated technology. But we are doing that. And that's
something we're very committed to.
Mr. Johnakin: What period of time are we talking about, Chief?
Chief Warshaw: I don't know. I can't... I don't want to give you a fixed date, except to tell you
that it's very high on our priority list. We're trying, now that we're muddling through, again, the
financial issues with the State Oversight Board, to identify those areas that have to have the PCs
first, and we have the whole department, really, basically, operating with outdated technology.
But you have my word, that's a high priority for me, and I know it's a priority for the Manager.
14 May 7, 1997
Mr. Johnakin: One more thing I would like to say before I sit down. I want each of you to know
that the Chief and I, we do work close together. And whenever I do call him, he returns my calls
real quick. He knows I'll be down to his office. And I want you all to know that we do work
close together. I didn't come here this morning to attack the department. I was elected, just as
you all was elected. I was elected in Model City as the chairperson, and it's my job to take the
community back information and to feed information to the community. But I want to let you
know that Major Christmas, we all... we work very close. But this is about business. And some
things that I see, I think there could be some changes made, you know. And we definitely have
to do something with references to your police. If you have one of those police officers to go
down there and get their self hurt, it's... A couple of weeks ago, you had a couple of police
officers, two police officers went down there and made an arrest. The next thing they know,
there was about 40, 50 people around them. I think one of them got head -butted, because it was
only two police officers. Then you see police officers coming from northeast, Overtown and
everywhere. We don't have time for that. Thanks a lot, again.
Mayor Carollo: Thank you very much. OK. Any further statements you need to make, Chief?
Chief Warshaw: No, sir.
Mayor Carollo: Or any further questions on either of the two substations? Thank you, Chief.
Chief Warshaw: Thank you.
Mayor Carollo: On personal appearances, we're now on number 4, Alicia Diaz.
Commissioner Gort: She's not here.
Mayor Carollo: She's not here? OK. We'll try to leave this for later and see if she comes.
NOTE FOR THE RECORD: At this point, agenda item 4 was
called or discussion, and the record was marked to reflect no
appearance by interested parties at the time.
-----------------------------------------------------------------------------------------------------------
3. PERSONAL APPEARANCE: TONY MOLINA -- APPROVE PAYMENT
PLAN FOR RENTS DUE & RENT CREDIT CONCERNING MIAMI SPRINGS
GOLF COURSE CLUBHOUSE.
Mayor Carollo: We're then on item number 5, Mr. Tony Molina.
Commissioner Plummer: Mr. Mayor...
Mr. Tony Molina: Good morning, Mayor.
Commissioner Plummer: ... if I can maybe short cut this. The Manager has made his
recommendations. If they're acceptable to this gentleman, they're in written form, and as far as
I'm concerned, I'm ready to move it, under the conditions as stipulated in the agreement with the
Manager and Mr. Molina. I'll move it.
15 May 7, 1997
Mayor Carollo: There's a motion.
Commissioner Gort: Second.
Mayor Carollo: Is there a second? There's a second by Commissioner Gort. Can the
Administration go over the recommendations that they've made, so we could have them on
record?
Dena Bianchino (Assistant Director, Asset Management): Yes, sir. We're recommending that
Mr. Molina receive a rent credit in the amount of four hundred and fifty dollars ($450) per
month, retroactive to March 1996, because he has been cleaning City -owned bathrooms that are
not part of his leased area. We believe he deserves the credit.
Mayor Carollo: How many bathrooms is he cleaning?
Ms. Bianchino: There's two large bathrooms, I believe, one large men's room and one large
ladies' room.
Mr. Molina: Also the halls, shampoo everything that goes with it.
Commissioner Plummer: Can we get him to do the bathrooms over at Virginia Key?
Ms. Bianchino: I knew you would say that.
Commissioner Plummer: We're paying sixteen hundred and eighty dollars ($1,680) over there
to get the same service. So I... Maybe we can get him to go over and do it.
Mayor Carollo: I don't know. All that I can say, all these bathrooms must be really shiny.
Commissioner Plummer: Or awful dirty.
Mr. Molina: A 24-hour service.
Commissioner Gort: It's clubhouse bathrooms.
Ms. Bianchino: In addition to that, we are asking that the City Commission approve a payment
plan for Mr. Molina. He owes us fourteen thousand two hundred and thirty-nine dollars
($14,239) in back rent. If we apply the credit to the bathrooms, then he will only owe us eighty-
eight thousand - I mean, I'm sorry - eight thousand eight hundred thirty-nine dollars ($8,839).
And he is willing to pay us fifteen hundred dollars ($1,500) a month in addition to his rent for
payment. And he will sign a personal guarantee, guaranteeing the full amount he owes us.
Commissioner Plummer: So in six months, he should be paid.
Ms. Bianchino: That's correct.
Mayor Carollo: OK. Is that it? All right. Any further questions?
Commissioner Hernandez: Is that what you agreed to?
Mr. Molina: Yes, I am.
Commissioner Plummer: Yeah.
16 May 7, 1997
Mayor Carollo: Any further statements you'd like to make?
Mr. Molina: I'm working with the City Commission.
Mayor Carollo: Thank you. All right. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays." Thank you.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-306
A RESOLUTION APPROVING A $450 MONTHLY CREDIT RETROACTIVE TO
MARCH, 1996, FOR TONY MOLINA, INC. FOR TONY MOLINA, INC.'S
PROVISION OF JANITORIAL SERVICES FOR THE PUBLIC RESTROOMS AT
THE MIAMI SPRINGS GOLF COURSE CLUBHOUSE; SAID CREDIT TO BE
APPLIED AGAINST THE MONTHLY RENT FOR THE RESPECTIVE MONTH IN
WHICH THE SERVICES ARE PROVIDED; FURTHER APPROVING A PAYMENT
PLAN FOR MONIES DUE TO THE CITY SUBJECT TO TONY MOLINA, INC.
CONTINUING TO PAY MONTHLY RENT WHICH BECOMES DUE PURSUANT
TO THE TERMS AND CONDITIONS OF THE LEASE AND REVOCABLE PERMIT
FOR USE OF THE PREMISES AND A PERSONAL GUARANTEE FROM TONY
MOLINA, INDIVIDUAL, GUARANTEEING THE MONIES OWED TO THE CITY.
(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. PERSONAL APPEARANCE: GILBERTO CASANOVA -- DEFER ADOPTION
OF MEASURES AGAINST BUSINESSES REPRESENTING CUBA --
DISCUSSION.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: OK. We're on item number 6. Yes.
Mr. Edward Marquez (City Manager): Excuse me. Before Mr. Casanova comes up to speak, I
would like to ask the City Commission not to take any action on this item, only because I think
17 May 7, 1997
what's being requested is beyond... I think it's beyond the scope of City services, and I'd like to
defer this to the Law Department to get clarification on that before you vote.
Commissioner Hernandez: Mr. Mayor, this has already been referred by me to the Law
Department. I... We had passed a resolution, if you remember, several months ago, reference to
sanctioning those businesses that are doing business within the City jurisdiction with Cuba. And
we referred it to the City Attorney's Office so he can further review the law. As you remember,
Dade County government tried to do something of the like. They did pass the ordinance. They
were sued, and it cost the County thousands of dollars. So what we have now, it's in the hands
of the City Attorney, and he's trying to find language in which, basically, there is no further
liability to the City if an ordinance is passed in the future.
Mayor Carollo: All right. So he is looking into it.
Commissioner Hernandez: He's looking into it.
Mayor Carollo: OK.
Commissioner Gort: Why don't you explain that to Mr. Casanova.
NOTE FOR THE RECORD: Comments in Spanish by Mr.
Gilberto Casanova.
Assistant Chief Raul Martinez: He's welcoming the Mayor and all the Commissioners.
Mayor Carollo: Yeah. Before he goes on, why don't you explain to him what the Manager
stated and what Commissioner Hernandez stated that they want done.
NOTE FOR THE RECORD: Comments in Spanish by Assistant
Chief Raul Martinez an a so by Mr. Casanova.
Chief Martinez: Mr. Casanova is saying that Accion Cubana presented these same points in
Washington, D.C., in front of President Reagan.
Commissioner Plummer: All right, Raul, verbatim, word for word.
Chief Martinez: Yes, certainly. Mr. Casanova is saying that back in 1985, Accion Cubana also
presented the same petition with 36,000 signatures, backing this type of request that they're
making right now.
Commissioner Plummer: Time out. Is he aware that the recommendation of everybody
concerned that this matter be deferred until the next meeting so that the...
Mayor Carollo: Well, until the City Attorney is finished.
Commissioner Plummer: ... until the City Attorney has come back to this Commission with a
position that he feels comfortable with? I mean, we're going into this in-depth, when I think it
should be understood by him that this is going to be deferred. Please explain that to him.
18 May 7, 1997
Mr. Edward Marquez (City Manager): Would you, please, also ask him that his... well, ask him
that, if he would defer the presentation today, because it's not going to result in any action.
NOTE FOR THE RECORD: Comments in Spanish by Chief
Martinez.
Mayor Carollo: OK. But explain it to him clearly, verbatim
NOTE FOR THE RECORD: Comments in Spanish by Mayor
Qarollo, ana also by Mr. Casanova.
Chief Martinez: He's saying he just wanted to bring up a point that it's Accion Cubana that's
bringing this point to the City Commission. There are no other interest groups that are bringing
it up.
Commissioner Gort: Chief, would you also let him know that this was passed in the County, and
the County was sued, and they had to pay for the attorneys and all that. That's why our attorneys
are looking at it.
NOTE FOR THE RECORD: Comments in Spanish by Chief
Martinez, and also by Mr. Casanova.
Chief Martinez: Mr. Casanova is explaining that from the White House till today, it's been
Accion Cubana, the one that has been pushing this issue.
NOTE FOR THE RECORD: Comments in Spanish by Mr.
Casanova
Mr. Marquez: Raul, excuse me. At this point, it's... I understand Mr. Casanova is making
statements, and we could translate what he said today, but I would request that he meet with my
staff and, you know, let's get a report formally done, so that we don't waste the City's time at
this point in time, because... and with the City Attorney, because of the fact that, you know, we
can get this down in writing and have it as a formal report later on. I would ask him, again, to
end his presentation at this point in time.
NOTE FOR THE RECORD: Comments in Spanish by Chief
Martinez, and also y r. asanova.
19 May 7, 1997
------------------ ---------------------------------------------------------------------------------------------
5. GRANT REQUEST FOR ALCOHOLIC BEVERAGES SALE TO MIAMI /
BAHAMAS GOOMBAY FESTIVAL IN COCONUT GROVE, INC --
FURTHER REQUESTING PAYMENT OF OUTSTANDING LOAN TO CITY
BY SAID GROUP.
Commissioner Plummer: Six -A.
Mayor Carollo: OK. We're at 6-A right now.
Commissioner Plummer: Billy Rolle, it's your item.
Mayor Carollo: Are there any representatives from the Goombay Festival? Billy, I will be back
in less than one minute. I'll be listening to you.
Commissioner Plummer: Go ahead.
Mr. Billy Rolle: OK. My name is Billy Rolle. I reside at 3430 Williams Avenue in Coconut
Grove. On the... 1997, our 21st annual Goombay Festival, to be held June 6th, 7th, 8th. And we
understand the Administration's recommendations. We know there will be no fee waivers. And
we ask for approval of the sale of beverages. And the last time, to defray... to repay the
outstanding balances. If we can get with the Administration to find out how we can do that, then
we'll appreciate it.
Commissioner Plummer: I'll move item 6-A.
Commissioner Hernandez: Second it.
Commissioner Plummer: As outlined. The only question I have, Billy...
Mr. Rolle: OK.
Commissioner Plummer: This year, how... do you propose to end it at McDonald?
Mr. Rolle: Yes. We...
Commissioner Plummer: Will McDonald Avenue stay open?
Mr. Rolle: Sure.
Commissioner Plummer: OK.
Mr. Rolle: We'll be on the west side of McDonald, that little piece.
Commissioner Plummer: Because that's... what a traffic jam that creates...
Mr. Rolle: No problem.
Commissioner Plummer: ... when it comes any... ten feet more. OK? So as far as I'm
concerned, I move the item, with the one item to remain open. And I have said to Mr. Rolle,
20 May 7, 1997
whatever the City Administration recommends is what I will vote for on the money that is owed.
So under that, Mr. Vice Mayor, I move the item.
Vice Mayor Regalado: It's been moved. There's a motion by Commissioner Plummer,
seconded by Commissioner Hernandez. All in favor, say "aye."
The Commission (Collectively): Aye.
Mr. Rolle: Thank you.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.97-307
A RESOLUTION RELATED TO THE MIAMI BAHAMAS GOOMBAY FESTIVAL
TO BE CONDUCTED JUNE 6-8, 1997, ON GRAND AVENUE FROM MCDONALD
STREET TO DOUGLAS ROAD IN COCONUT GROVE, BY THE
MIAMIBAHAMAS GOOMBAY FESTIVAL IN COCONUT GROVE, INC.,
AUTHORIZING A PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES IN
THE AREA DURING THE EVENT, SUBJECT TO THE ISSUANCE OF PERMITS
REQUIRED BY LAW; CONDITIONING ALL APPROVALS AND
AUTHORIZATIONS GRANTEE HEREIN UPON THE ORGANIZERS: 1) PAYING
FOR ALL NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES
ASSOCIATED WITH SAID EVENT; 2) OBTAINING INSURANCE TO PROTECT
THE CITY IN AN AMOUNT PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE; 3) KEEPING MCDONALD STREET OPENING DURING THE EVENT;
AND 4) REPAYING THE OUTSTANDING LOAN AMOUNT OWED TO THE CITY
OF MIAMI.
(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 CarolIo
21 May 7, 1997
----------------------------------------------------------------------------------------------------------------
6. DEFER CONSIDERATION OF AGENDA ITEM 6B ( PERSONAL
APPEARANCE: LILLIAN SLATER & LINDA WATSON FOR POSSIBLE
DONATION OF MINI PARK AT 1680 N.W. 4 ST. )
----------------------------------------------------------------------------------------------------------------
Vice Mayor Regalado: We are at 6-13 now, and this is Commissioner Gort's presentation.
Commissioner, it's yours.
Commissioner Gort: My understanding is the management requested that this be deferred, so
they can get together with the neighbors.
Albert Ruder (Director, Parks & Recreation): Right. We have a meeting set up with them
tomorrow.
Commissioner Plummer: Second.
Commissioner Hernandez: Commissioner, just before we leave this item, I also... I don't know
if you're aware of this. On this specific request, I had sent this information to the City
Attorney's Office to review whether this could be done. I've been told by one of the assistants
that, yes, it can be done, we just have to go through the legal documentation to do that. But just
for your information... and that's where I left it with Julie Bru from the City Attorney's Office.
A. Quinn Jones, III, Esq. (City Attorney): Well, let me not mislead you, Commissioner, because
I, too, have looked at it, and I only briefly discussed it with one of my assistants. But as you
know, 29-B has specific... of our Charter has specific requirements as to the disposition of City -
owned property, i.e., you know, the Request for Proposals, the receipt of at least three, and in the
event that it is less than three, fair market value, and the like. I will continue to look at it. But
my preliminary opinion now, without trying to see whether there's some other ways that there
may be an impediment to our disposing of it the way it's contemplated. But I'll continue to look
at it, and I'll report back to you.
Commissioner Hernandez: Mr. Jones, my request at the time was not to sell the piece of
property, but to see which avenue we could take, other than selling the property, so they can use
it as a...
Commissioner Gort: My understanding is it's been done in the past. It was done with Domino
Park. And the thing is, if you want to do something, you find a way to do it.
Commissioner Hernandez: Right, exactly.
22 May 7, 1997
Vice Mayor Regalado: All right.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER GORT AND SECONDED BY
COMMISSIONER PLUMMER, ITEM 6-13 WAS DEFERRED
BY THE FOLLOWING VOTE:
AYES: Commissioner Humberto Hernandez
Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
Vice Mayor Regalado: There is...
Commissioner Plummer: I move item 8.
Commissioner Hernandez: Second it.
--------------------------- ----------------------------------------------------------------- --------------------
7. PERSONAL APPEARANCE: JOSEFINA GOMEZ PEREZ TO DISCUSS CITY
ADMINISTRATION'S PERSONNEL PRACTICES.
Vice Mayor Regalado: Just... wait a second. Before we go into item 8, five days before closing
of the agenda, I asked for a personal appearance, and Aaron knows about it. I think that there
was a miscommunication. So I have here a pocket item so we can have this personal appearance
right away, if you all don't mind. Aaron. Josefina Gomez, she wants to make a statement
regarding her experience as a former employee of the City of Miami, and employment practices,
I believe. Chief Martinez.
NOTE FOR THE RECORD: Comments made in Spanish by Ms.
Josefina.Gomez-Perez.
Chief Raul Martinez: (Assistant Chief, Police Department): Good morning, Mr. Mayor, who's
not here, who stepped out, and the Commissioners. My name is Josefina Perez... Josefina
Gomez -Perez, 1450 Southwest 87th Avenue. I come by this meeting to present to the
Commissioners my firing that the City did to me after eight years of employment, that the
previous Administrator, Mr. Cesar Odio, due to personal interest, sent me to the Civil Service
Board, where she went, and she was replaced by the Board, recommending to Cesar, and he
laughed at the petition that the Board made to him. And that is the reason she's bringing this
issue in front of the Commissioners and in front of the current City Manager, Mr. Marquez, so
they can find a solution before she makes a legal claim against the City, thereby saving monies
for the City for her legal claims. But there are some personal issues with the previous
Administrator, Mr. Cesar Odio, that it was all due to politics. And in my personnel file, I never
received a reprimand. In my eight years, I never missed work one day. And he presented false
23 May 7, 1997
papers. And the Civil Service Board found that she be reinstated, and to be suspended for 120
hours, which she has plenty of hours, because she never misses work. And at this moment, it's
real painful that they do this to a woman, because right now, there's men who are sitting at
home, getting a salary of $2,973, after they've been fired. And that gentleman's name is Mr.
Carlos Smith. And then thereby, she's bringing this case in front of the City Commission for
humanitarian reasons.
Vice Mayor Regalado: "Muchas gracias."
Ms. Gomez -Perez: "Muchas gracias."
Vice Mayor Regalado: Do you want to make a comment, Mr. Cox?
Mr. Charlie Cox: (President, AFSCME Local 1907): I believe the rules are clear in the City,
that if she disagrees with whatever the Civil Service Board did or the Manager did, the action to
take is court action, not to come before this Commission. Either that, or you're going to have
every employee that was ever terminated from the City coming back before this Commission and
saying they were wronged by somebody. And if you start setting a precedent with that... How
many times are we being sued now? Anybody in the world can sue you.
Vice Mayor Regalado: But she didn't say that. She didn't say that she disagreed with the Board.
Mr. Cox: She said that what she needs... She needs to save the City money, because if she sues
the City, it's going to cost the City money. But if you start a precedent with this, then you're
going to have every employee that's ever been terminated, come before this Board, come before
the Commission and ask them to be reinstated. Thank you.
Commissioner Hernandez: Charlie, I have a question for you that I spoke to Sue Weller about.
Can we even, as a Commission, take steps to consider this matter, or her only remedy at this
point in time is, once the Civil Service Board has made a decision, and then the City...
Mr. Cox: I'm not a lawyer.
Commissioner Hernandez: Well, yeah. I'm sorry, Charlie. I'll ask the City Attorney on that.
Quinn, once the Civil Service Board has made a decision - in this case, they made a decision -
even though they sanctioned her, they were to bring her back to her position, the City Manager
chose, and he has the authority to do that, to basically terminate her, at that point in time,
basically, her avenues, as I know or I think, is to go to Circuit Court and sue the City of Miami.
We, as a Commission, cannot really get involved in this process.
A. Quinn Jones, III, Esq. (City Attorney): Commissioner, that's correct. Her... The proper
avenue would have been for her to have taken an appeal to the Appellate Division, Circuit Court,
which, for whatever reason, she chose not to do. And you are forbidden by Charter, because I
think it would be interpreted as interference with the Administration. So that would have been
the proper avenue, which she chose not to take.
Commissioner Hernandez: We would be violating the Charter if we would make any decision
on this matter.
Mr. Jones: You would be violating, absolutely.
Vice Mayor Regalado: Thank you.
24 May 7, 1997
NOTE FOR THE RECORD: Comments made in Spanish by Ms.
Gomez -Perez,
Vice Mayor Regalado: OK. Well, thank you very much. We got...
Commissioner Plummer: ... the drift.
Vice Mayor Regalado: ... the message of... Everybody's message. Absolutely.
Chief Martinez: Not verbatim, but basically, she was saying that the gentleman in charge of the
union is influenced by the previous City Manager, because he's involved in politics. But I'm
just capsulizing what she said.
Mr. Cox: Let me repeat here, I started with the City of Miami 22 years ago. I took a test, I took
an exam. I came from Florida Power and Light. If I'm politically involved, I came through the
door, the front door, unlike her. Thank you.
Commissioner Plummer: Va va va voom. Mr. Vice Mayor, I move item number 9.
Commissioner Hernandez: Wait. We haven't done anything on number 8.
Commissioner Gort: Excuse me. Would somebody explain to her...
Commissioner Plummer: I'm sorry. I move item 8.
Commissioner Hernandez: You want me to explain to her?
Mr. Elbert Waters (Director, Community Development): Eight is the emergency ordinance,
Commissioner...
Commissioner Gort: I think you should repeat what the attorney was just telling you.
Commissioner Hernandez: I'm going to explain it in Spanish, and somebody is going to
translate it into English. I guess we already said it in English on the record.
Commissioner Plummer: May I make a suggestion to my colleagues?
Vice Mayor Regalado: What we'll do...
Commissioner Plummer: Chief Martinez did a very good job. Let him take her out and explain
it to her so we can continue.
Vice Mayor Regalado: Yeah. What we're going to do is we're going to do it outside of the
forum with Chief Martinez. Talk to him outside, please.
NOTE FOR THE RECORD: Comments made in Spanish by
Commissioner Hernandez, and also by Ms. Gomez -Perez,
25 May 7, 1997
Vice Mayor Regalado: OK. We'll do that.
8. EMERGENCY ORDINANCE: ESTABLISH "SYETP-97 SUMMER YOUTH
EMPLOYMENT TRAINING PROGRAM" -- APPROPRIATE FUNDS
($590,550 GRANT FROM SOUTH FLORIDA EMPLOYMENT & TRAINING
CONSORTIUM [SFETC]).
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Again, I move number 8, for the third time.
Vice Mayor Regalado: Eight.
Commissioner Hernandez: I second it.
Vice Mayor Regalado: There's a motion by Commissioner Plummer, second by Commissioner
Hernandez. Read the ordinance.
Mr. Walter Foeman (City Clerk): Roll call. Commissioner Plummer?
Vice Mayor Regalado: Excuse me. Before we vote on this, I would like to ask the Manager to
give members of this Commission information pertaining to how many youth will be employed
during the summer, and...
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD.)
Vice Mayor Regalado: I know that. But if we... we want to mirror Miami on this program, and I
checked last year's programs. And we have some different numbers. So I was wondering if we
can get information as to your plan to hire from different communities.
Mayor Carollo: Well, you're very correct, Commissioner. But not only that, let's make sure
they're really going to be economically disadvantaged, because what's happened in the past, as
late as last fiscal year, in some summer programs that we had, the people that were hired were
the sons of former officials that were not disadvantaged at all. And this is the kind of stuff that
has got to stop once and for all.
Ms. Gwendolyn Warren: Gwendolyn Warren, administrator for the Neighborhood Jobs
Program. Last summer, I can guarantee you that all of the youth who were employed in the
summer of '96 were economically disadvantaged kids from some of our poorest communities.
They all...
Mayor Carollo: Well, I...
Ms. Warren: Prior years, I wasn't here.
Mayor Carollo: I hate to defer with you, but I don't know what funds it was coming from, but
that was not the case, ma'am. There were some kids that were employed in some City programs
during the summer that were not economically disadvantaged.
Ms. Warren: That wasn't our program.
26 May 7, 1997
Commissioner Plummer: But Mr. Mayor, not under this program
Commissioner Gort: I asked the same question, because I had somebody... My understanding is
we have two different programs. There's one program that does have income guidelines. There
is another program that does not have income guidelines, and maybe we should attach income
guidelines to that other program.
Mayor Carollo: I think we should have that for all the programs that we have.
Ms. Warren: Well, all of the programs operating under the Neighborhood Jobs Program, all
individuals have to meet the Federal economic guidelines for a service. They have to meet the
poverty guidelines.
Mr. Edward Marquez (City Manager): And at your direction right now, all other summer youth
programs will have income guidelines attached to them, and we will bring back to you a report
telling you each program and what guidelines.
Mayor Carollo: In fact, I would include that also, Mr. Manager, even for the different
scholarship programs that this Commission might be involved in.
Commissioner Plummer: Mr. Mayor, in this particular program, if, in fact, a scenario occurs
where they are not under that classification, we would be demanded to return the money. The
City would be liable.
Vice Mayor Regalado: Not only that classification, but we say that we want to mirror Miami.
And you need to bring us names and places where these people live.
Commissioner Gort: Mr. Mayor, there's one criteria, Mr. Manager, that maybe we should follow
this year, and Commissioner Regalado, you have brought this up many a time. There's going to
be some families that are going to be really affected this year by some of the services being taken
away from them. I think that should also be given consideration, because at least we can put an
additional income in that home.
Mr. Marquez: There's a lot of different areas to be covered right here. What I would suggest is
that we come back at the next meeting... go ahead and accept this item now. We'll come back at
the next meeting with an outline of exactly how we're going to implement the various programs.
Commissioner Plummer: What's the starting date?
Ms. Warren: The starting date for the summer program was 45 days ago. The City is obligated
to hire and provide employment services for 381 kids. Their employment would start June 17th.
The funding source is responsible for the certification of the kids' poverty status, not the City.
We refer kids from our target communities. They certify them income -eligible, and send them
back to us. So, one, we have virtually no control over the eligibility, the Federal funding source
does. And secondly, the kids start their employment the second week of June.
Commissioner Hernandez: Mr. Manager, prior to employment, can we receive a copy of a list of
all the people that are to be considered as candidates, or will be employed by the City of Miami?
Ms. Warren: Currently, the funding source has funded 52 agencies in Dade and Munroe County.
The City of Miami is one of those agencies. The number of kids to be served through the South
Florida Employment Training Consortium is approximately 20,000. The City is funded to
provide services within the City structure of jobs for 381 of them.
27 May 7, 1997
Vice Mayor Regalado: We'll get the 381.
Ms. Warren: Yes, we will.
Commissioner Hernandez: Right. That's all we want.
An Ordinance entitled -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE
FUND ENTITLED: "SYETP - 97 SUMMER YOUTH EMPLOYMENT
TRAINING PROGRAM" AND APPROPRIATING FUNDS FOR THE
OPERATION OF SAID PROGRAM IN THE AMOUNT OF $590,550
CONSISTING OF A GRANT FROM THE SOUTH FLORIDA EMPLOYMENT
AND TRAINING CONSORTIUM (SFETC); AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ACCEPTANCE OF SAID
GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer and seconded by Commissioner Hernandez,
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.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Hernandez, 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. 11484.
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.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: For the record, let me make a correction. It is not 20,000 jobs. We
have increased this year to 4800, and we have a little over eight million dollars ($8,000,000). It
28 May 7, 1997
,;jN
is an eight -week program, and we have gone above minimum wage this year. There are, in tact,
seven target skilled jobs in which you can receive a bonus. But there are 4800, not 20,000. And
I didn't want you to think that the City only got 361 out of 20,000. I vote yes.
Ms. Warren: OK.
----------------------------------------------------------- ----------------------------------------------------
9. EMERGENCY ORDINANCE: ESTABLISH "SYETP-97 SUMMER YOUTH
EMPLOYMENT TRAINING PROGRAM" -- APPROPRIATE FUNDS
($300,000 GRANT FROM UNITED STATES AGRICULTURE
DEPARTMENT THROUGH FLORIDA EDUCATION DEPARTMENT).
Commissioner Hernandez: Mr. Mayor, I move item 9.
Commissioner Plummer: Second.
Mayor Carollo: Motion for item 9, second by Commissioner Plummer. Call the roll, please.
An Ordinance entitled -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE
FUND ENTITLED: "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN -
1997" AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN
THE ESTIMATED AMOUNT OF $300,000 CONSISTING OF A GRANT FROM
THE UNITED STATES DEPARTMENT OF AGRICULTURE THROUGH THE
FLORIDA DEPARTMENT OF EDUCATION; AUTHORIZING THE CITY
MANAGER TO ACCEPT THE GRANT FROM THE UNITED STATES
DEPARTMENT OF AGRICULTURE AND TO EXECUTE THE NECESSARY
DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR
SAID PURPOSE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
was introduced by Commissioner Hernandez and seconded by Commissioner Plummer,
for adoption as an emergency measure and, dispensing with the requirement of reading
same on two separate days, was agreed to by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
29 May 7, 1997
Whereupon the Commission on motion of Commissioner Hernandez and seconded by
Commissioner Plummer, 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. 11485.
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.
----------------------------------------------------------------------------------------------------------------
10. AUTHORIZE METRO-DADE COUNTY ON BEHALF OF CITY TO
ADVERTISE FOR / EVALUATE / ACCEPT BIDS FOR UNITED STATES
DEPARTMENT OF AGRICULTURE APPROVED MEALS -- FOR CITY'S
SUMMER FOOD SERVICE PROGRAM '97.
Mayor Carollo: We're on item 10.
Commissioner Hernandez: I move.
Commissioner Plummer: Move it... second.
Commissioner Hernandez: It's a related item to number 9.
Mayor Carollo: OK. There's a motion and there's a second. Is there any further discussion?
Vice Mayor Regalado: No.
Mayor Carollo: Hearing none, all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
30 May 7, 1997
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-308
A RESOLUTION AUTHORIZING METROPOLITAN DADE COUNTY ON BEHALF
OF THE CITY OF MIAMI TO ADVERTISE FOR, EVALUATE, AND ACCEPT THE
BID(S) OF A VENDOR OR VENDORS TO PROVIDE UNITED STATES
DEPARTMENT OF AGRICULTURE (USDA) APPROVED MEALS TO ELIGIBLE
CHILDREN FOR THE CITY'S SUMMER FOOD SERVICE PROGRAM 1997;
FURTHER AUTHORIZING METROPOLITAN DADE COUNTY TO ENTER INTO
THE NECESSARY CONTRACT(S) WITH THE SUCCESSFUL BIDDER(S) FOR
SAID PURPOSE AND AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
DIRECTOR OF PURCHASING TO ISSUE THE NECESSARY PURCHASE
ORDER(S), SAID AUTHORIZATIONS BEING SUBJECT TO AND CONDITIONED
UPON THE CITY OF MIAMI'S ACCEPTANCE OF A GRANT IN THE ESTIMATED
AMOUNT OF $300,000 FROM USDA THROUGH THE FLORIDA DEPARTMENT
OF EDUCATION AND UPON APPROPRIATION OF SAID FUNDS FOR THE 1997
CITY'S SUMMER FOOD SERVICE PROGRAM.
(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.
11. EMERGENCY ORDINANCE: AMEND ORDINANCE 10021 ESTABLISHING
FUND / INITIAL APPROPRIATIONS FOR LAW ENFORCEMENT TRUST
FUND PURSUANT TO ORDINANCE 9257 -- PROVIDE FOR AN INCREASE
OF $639,718.
---------------------------------------------------- -----------------------------------------------------------
Mayor Carollo: Item 11.
Commissioner Plummer: Move it.
Mayor Carollo: There's a motion...
Vice Mayor Regalado: Second.
Mayor Carollo: ... by Commissioner Plummer. Second by Vice Mayor Regalado. Call the roll.
31 May 7, 1997
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10021,
ADOPTED JULY 18, 1985, AS AMENDED, WHICH ESTABLISHED INITIAL
RESOURCES AND INITIAL APPROPRIATIONS FOR THE LAW
ENFORCEMENT TRUST FUND, RECEIVED AND DEPOSITED PURSUANT
TO ORDINANCE NO. 9257, ADOPTED APRIL 9, 1981, THEREBY PROVIDING
FOR AN INCREASE IN THE AMOUNT OF $639,718.00, AS A RESULT OF
ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE TO SUCCESSFUL
FORFEITURE ACTIONS; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
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.
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. 11486.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
32 May 7, 1997
----------------------------------------------------------------------------------------------------------------
12. TABLE TO LATER IN SESSION CONSIDERATION OF EMERGENCY
ORDINANCE AMENDING CITY CABLE TELEVISION LICENSE
ORDINANCE 9332 -- SEE LABEL 20.
Vice Mayor Regalado: Mr. Mayor, I have a problem with number 12.
Mayor Carollo: So do I.
Commissioner Plummer: You want to defer it?
Vice Mayor Regalado: No. I believe that because we only have 11 days for the contract to
expire, it doesn't mean that we should give this company a whole year. That would be very
convenient. But my main problem is that it's been announced that on June the 1st, there will be
a fee raise by Miami TCI to the residents of the City of Miami at 6.4...
Commissioner Hernandez: Eight percent.
Vice Mayor Regalado: ... eight percent. Six point four, I think, in the City, and in the County
it's S or 12 percent. Now, I just don't understand why we have been talking to them for such a
long time. I know that the City is overwhelmed with all these Oversight things, but I would
rather ask the company to come back and explain why are they raising fees, and that way, we
could go ahead and renew their contract, or extend it, or whatever. But this one year thing is...
Commissioner Plummer: Well, why don't you just make it a month -to -month?
Vice Mayor Regalado: That's what I was...
Commissioner Hernandez: That's what I would like to recommend.
Vice Mayor Regalado: Yeah. I was going to suggest that we'll give them a month and...
Mayor Carollo: If I may ask the Commission if we could wait for Matt Liebowitz, our attorney
in this matter, to come in. I told him that we'd take it up around 11:30, so if we could wait until
then to take it up, if that's OK.
Commissioner Plummer: Sure.
NOTE FOR THE RECORD: At this point, agenda item 12 was
tabled.
33 May 7, 1997
----------------------------------------------------------------------------------------------------------------
13. EMERGENCY ORDINANCE: AMEND SECTION 2 OF ORDINANCE 11332,
ESTABLISHING FUND / INITIAL APPROPRIATIONS FOR "GANG
RESISTANCE EDUCATION & TRAINING" -- INCREASE AMOUNT BY
$85,000.
----------------- ----------------------------------------------------------------------------------------------
Commissioner Plummer: All righty.
Mayor Carollo: We're now on item 13.
Commissioner Gort: Move it.
Mayor Carollo: Moved by Commissioner Gort, seconded by Commissioner Hernandez.
Commissioner Plummer: I'll second it, but I have a question. Who is going to be the overseeing
agency on this? It doesn't say police.
Captain Joseph Longueira (Deputy Commander, Police Support Services.): Of great... Yes, it's
police, sir.
Commissioner Plummer: Gang resistance education and training.
Captain Longueira: Yes. That's one of our programs.
Commissioner Plummer: OK. I understand that it normally is, but it doesn't say here that they
will be monitored by the Police Department, and that's why I was asking, was it an outside
agency or what?
Captain Longueira: No. It's run...
Commissioner Plummer: It is a police program.
Captain Longueira: It's run by us.
Commissioner Plummer: Thank you. You've answered my question.
A. Quinn Jones, III, Esq. (City Attorney): Has it been moved and seconded?
Commissioner Plummer: Yes.
Mayor Carollo: Call the roll, please.
34 May 7, 1997
0
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING SECTION 2 OF ORDINANCE
NO. 11332, ADOPTED JANUARY 25, 1996, WHICH ESTABLISHED INITIAL
RESOURCES AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE
FUND ENTITLED: "GANG RESISTANCE EDUCATION AND TRAINING,"
THEREBY INCREASING SAID APPROPRIATION IN THE AMOUNT OF
$85,000, CONSISTING OF A GRANT FROM THE BUREAU OF ALCOHOL,
TOBACCO AND FIREARMS; AUTHORIZING THE CITY MANAGER TO
ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR INCLUSION
IN THE CITY CODE.
was introduced by Commissioner Gort and seconded by Commissioner Hernandez, 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.
Whereupon the Commission on motion of Commissioner Gort and seconded by
Commissioner Hernandez, 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. 11487.
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.
35 May 7, 1997
---------------------------------------------------------•------------------------------------------------------
14. SECOND READING ORDINANCE: AMEND CAPITAL IMPROVEMENTS
ORDINANCE 11337 -- CONTINUE & REVISE SCHEDULED CIP
PROJECTS -- ESTABLISH / BEGIN NEW CIP PROJECTS DURING FY 96-
97.
-----------------------------------------------------------------------------------------------------------
Commissioner Plummer: Move 14.
Mayor Carollo: Fourteen has been moved by Commissioner Plummer.
Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gort.
Mr. Grant Sheehan: Excuse me. Mayor?
Mayor Carollo: Yes.
Mr. Sheehan: I need to read into the record a correction, a scrivener's error correction. On Page
4, Curtis Park Shoreline Improvements Project 331362 had previously received a hundred
thousand dollars ($100,000) grant from the Dade County of Environmental Resources, and it was
overlooked in this ordinance here. With the CDBG (Community Development Block Grant)
funding, it brings it up to three hundred and ten thousand dollars ($310,000).
Commissioner Plummer: As amended.
Commissioner Gort: That's for the 31?
Mr. Sheehan: That's 31, sir.
Mayor Carollo: Any further amendments?
Mr. Sheehan: No, sir.
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.
36 May 7, 1997
passed on its first reading, by title, at the meeting of March 27, 1997, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Plummer,
seconded by Commissioner Gort, the ordinance was thereupon given its second and final
reading by title, and was passed and adopted by the following vote:
AYES: Commissioner 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. 11488.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------
15. DEFER CONSIDERATION OF PROPOSED FIRST READING ORDINANCE
(AMEND CHAPTER 3, ARTICLE II OF CODE -- "ALARM SYSTEMS /
BURGLARY & ROBBERY ALARMS" -- ADJUST FEES) TO COMMISSION
MEETING OF MAY 22, 1997.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Move item 16, with a question.
Mayor Carollo: Item 16 has been moved by Commissioner Plummer.
Mr. Edward Marquez (City Manager): Mr. Mayor, excuse me. The Police Chief asked me to
defer this item because the legal...
Commissioner Plummer: Move to defer.
Commissioner Hernandez: Second.
Mayor Carollo: Until when? Next meeting?
Mr. Marquez: Next meeting.
Mayor Carollo: OK, 16 is deferred.
Commissioner Plummer: I have a question, which I ask you to come back with at the next one.
Previously, always, if you had no false alarms during a given year, you got a freebie the next
year. I don't find that in there modified, or any way, shape or form.
Chief Donald Warshaw (Chief of Police): That's why we want to come back. There's a legal
question.
37 May 7, 1997
0
Commissioner Plummer: When you come back, I want to know the answer to it.
Ms. Annette Eisenberg: Mr. Mayor.
Mayor Carollo: Yes.
Ms. Eisenberg: Can I speak on the burglar alarm?
Mayor Carollo: Oh, absolutely.
Ms. Eisenberg: All right. I have no objections as a City of Miami resident to paying any
increases. I will pay for whatever false alarms. But I'd like to establish the fact that why do I
need a burglar alarm system and pay for a permit when it's difficult for the police to answer? I
just had a major incident. If the additional funds that we pay are going to increase the possibility
of getting response, I have no objection. I'd like to address this as a resident of the City of
Miami. There's another thing that I'd like to discuss. There are false alarms, and I know that. I
don't happen to be one of them. The first time I have a burglary in 30 some years, I get taken,
and the police never got there. But is there no way that the Police Department can list on their
computers the habitual offenders, and have some kind of record? Because if, in fact, they did
that, they would see that there were no false alarms at 1180 Northeast 86th Street. I will pay
whatever it takes, but I want to know that the funds that I pay are going to increase the response
from the Police Department when I need it.
Commissioner Plummer: I have one other question that I'd like to be brought back. I've raised
this concern before and I'm going to raise it again. After a certain amount of alarms, you're put
on a no response call. Mr. City Attorney, I am concerned when someone calls the Police
Department and reports a burglar alarm that they are not going to respond. So I want to know if
there is a liability there. I am concerned about that. If you didn't have an alarm and people were
to call in, I would assume they would respond. But to say we're not going to respond, I got a
problem. I want to tell you that. I got a problem. So answer it when you bring it back.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER HERNANDEZ, ITEM 16 WAS DEFERRED
BY THE FOLLOWING VOTE:
AYES: Commissioner Humberto Hernandez
Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
38 May 7, 1997
-------------------- `----------------------------------------------- --------------------------------------------
16. FIRST READING ORDINANCE: PROPOSE TO ESTABLISH "MIAMI
SIMPSON PARK EDUCATION PROGRAM" -- ACCEPT $3500 GRANT
FROM FLORIDA DEPARTMENT OF STATE, HISTORICAL RESOURCES
DIVISION.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I move item 17.
Commissioner Hernandez: Second.
Mayor Carollo: Call the roll.
An Ordinance entitled -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "MIAMI SIMPSON PARK EDUCATION PROGRAM" AND
APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF
$3,500.00, CONSISTING OF A GRANT FROM THE FLORIDA DEPARTMENT OF
STATE, DIVISION OF HISTORICAL RESOURCES; AUTHORIZING THE CITY
MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
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.
Mayor Carollo: OK. We're on...
Commissioner Plummer: Seventeen -A.
Mayor Carollo: Yeah, 17-A. On 17, if you could express our appreciation to the State, and if
you could, you know, let Mr. Joe Pena know the Commission's appreciation for his efforts in
acquiring these funds here.
39 May 7, 1997
------------- ---------------------------------------------- -----------------------------------------------------
17. FIRST READING ORDINANCE: PROPOSE TO ESTABLISH "POINCIANA
VILLAGE CONDOMINIUMS PHASE III CONSTRUCTION GRANT"
SPECIAL REVENUE FUND -- APPROPRIATE $363,000 FOR OPERATION
OF SAME -- FURTHER DIRECT CITY MANAGER TO REIMBURSE
$221,417.60 FROM SAID FUND TO SOUTHEAST OVERTOWN / PARK
WEST COMMUNITY REDEVELOPMENT AGENCY TRUST FUND
ACCOUNT.
Mayor Carollo: Seventeen -A, first reading ordinance. Is there a motion?
Commissioner Hernandez: This is money that was to be appropriated for this project.
Mayor Carollo: Right.
Commissioner Hernandez: I make a motion to appropriate these funds for said project.
Mayor Carollo: OK. There's a motion. Is there a second?
Commissioner Gort: Second.
Mayor Carollo: There's a second. Discussion. Mr. Manager, what does the Administration
recommend on 17-A?
Mr. Aaron Weeks (Chief of Staff): The Administration recommends that the appropriation
ordinance be approved allocating the three hundred and sixty-three thousand dollars ($363,000)
that was directed by the City Commission last year as a part of Resolution 96-430. These
monies were to be provided as a grant for the development of Phase III of Poinciana Village
Condominiums. The project was... began this year in February. The developer notified the City
that the work had begun, and that it expected to receive the grant. The City has worked to
provide the money from Melrose Town Homes for the project, as directed by the City Resolution
96-430. Because the City was not notified in sufficient time in order to get this appropriation
ordinance on the agenda and passed, the CRA (Community Redevelopment Agency), because
the... the contractor informed that the workers would not continue the project without that
funding, the CRA paid the initial installment, and the City, as per this ordinance, would
reimburse the CRA account for the monies that have been disbursed to the developer.
Commissioner Plummer: Mr. Mayor, I'm not going to go into a long and drawn out. I did at the
CRA. I don't think that this is proper. And for the reason, very simply, and that is that these
were monies that were allocated for this project. And for whatever reason, the contractor came
back and said, suddenly, he couldn't do it for that price. And so now, he's asking the City to
give a grant of money to make him whole, without him having to stand behind it. And as far as
I'm concerned, I'm not going to go into any great detail, I voted against it at the CRA, and I'll do
likewise here.
Commissioner Hernandez: Commissioner, I don't think that's the case. I'd like a point of
clarification by the Legal Department on that, then.
Ms. Linda Kearson (Assistant City Attorney): Good morning. That's news to me,
Commissioner Plummer. We were told that the disbursement was based upon last year's
resolution. We had no knowledge...
40 May 7, 1997
Commissioner Plummer: That's correct. But last year's resolution, I voted against, because of
the fact, as I... Herb Bailey is here, and I'm sure he remembers well, unless I have the wrong
project in mind. These were monies that were awarded to a contractor. He suddenly found
himself, I think, because of certain circumstances, did not have enough monies to finish the
projects - Herb, am I on the right project? - and asked for a grant - not a loan - a grant from this
Commission to make him whole.
Mr. Herb Bailey (Executive Director, CRA): You are on the right project, Commissioner.
However, on the final resolution, you did vote for it. It was a five to zero vote. We had three
public hearings on this item.
Commissioner Plummer: I think I voted for it here, but against it at CRA
Mr. Bailey: Yeah, but you voted for it in the final resolution, yes.
Commissioner Plummer: Yeah.
Mr. Bailey: Yeah.
Commissioner Plummer: All right. It's just the idea that, Mr. Mayor, when a contractor makes a
bid, he should be held to that bid, and should, in fact, suffer, if there is a suffering to be done, not
turn around and say to the City, big brother, I want a grant of money. Give me money so I can
make... at least maybe break even. I don't know if he was going to make money or not. But I
think it's wrong to come back to the City and say to the City, give me a grant, and that was the
reason I had a problem with it before.
Mayor Carollo: I could understand that, Commissioner. What is the recommendation from the
Administration?
Commissioner Hernandez: To accept.
Aaron Weeks (Chief of Staff): Mr. Mayor and Commission, the City Administration has no
alternative but to follow the direction of Resolution 96-430. And that obligates the
Administration to provide that grant. Now, we looked into the project. However, at that time,
the developer had already begun phase three. And the issue then became whether or not the City
could not give him those funds, given that he'd begun the work, with the understanding, based
on that resolution, that he would receive the grant funds.
Mayor Carollo: For the record, who is the developer here?
Commissioner Hernandez: Ted Weitzel.
Mr. Weeks: The developer is Ted Weitzel.
Commissioner Plummer: Mr. Mayor, let me just...
Mr. Waters: Indian River Investments, Incorporated, is the name of the firm.
Commissioner Plummer: Let me say to you, I'll vote for it now. All right? But I just wanted to
go on the record... God knows, they need the housing. Without any question, it's vital, but I
think it's the way that it came about that I had the major problem. And that is, don't ask me
for... not even asking for a loan. You know, I maybe would have felt different if they guy said,
hey, give me a loan, and I'll try to pay you back - and we've forgiven loans before - but came in
41 May 7, 1997
and asked for a grant. A grant means I'll never pay you back. And I think that... Those are the
kind of things that, when the people come back again and ask us to go for another project, we
don't have the money.
Mayor Carollo: That's right. Now...
Commissioner Plummer: So I... Mr. Mayor, for the record, I'm going to vote for it only because
of the need.
Mayor Carollo: You don't have to, Commissioner. I mean, let's see what the City Attorney
might say. Linda, what is your legal opinion on this, if you've studied it, on what the City could
do? I mean, does the City have any liability, if we do not approve this money?
Ms. Kearson: Certainly, Mr. Mayor, because the developer relied upon a resolution that was
passed a year or so ago. He also relied upon statements made by you, as the CRA Board, to
commence that project. So I do believe we would have substantially in this project at this point.
Mayor Carollo: All right.
Commissioner Hernandez: We have no other choice at this time, Mr. Mayor.
Commissioner Plummer: No problem.
Commissioner Hernandez: I made a motion and Commissioner Gort seconded it.
Mayor Carollo: OK. There's a motion by Commissioner Hernandez, second by Commissioner
Gort. Anything more that we need to establish for the record while we're under discussion?
Mr. Edward Marquez (City Manager): One thing we would like to say for the record, that
there... The Administration feels like we're committed to make this type of grant, but we've also
provided for a mechanism of return of profit, should there be such an item. And I'll have Aaron
explain that concept.
Mayor Carollo: Well, the one thing that I want to do, Mr. Manager, once we're done with this
five-year plan, and you're going to have a lot more time on your hands with your staff, we need
to zero in on all these monies that the City is spending through the CRA or otherwise, for
developments in affordable housing, because I just feel that the history has been one that the City
has been getting the short end of the stick, and so have the residents of Miami. And we need to
bring this whole process back into the process of how we're doing everything else in the City of
Miami today. I think this process is still being conducted in the old ways that need to be
changed. So I would hope that you would zero in on this, and make recommendations.
Commissioner Plummer: Mr. Mayor, also, let me tell you, we need to make the people that are
doing the construction use local people. You know, the County has caught a little bit of hell, but
I think they passed a good thing. They said that if a City construction or City monies are
involved, a contractor is obligated to ten percent of unemployment, local people, giving people
jobs. A lot of people are trying to forget that in just about a year, welfare is going to end. Food
stamps are going to end.
Commissioner Gort: They already did.
Commissioner Plummer: No, not yet. OK, no, that's for the immigrants.
Vice Mayor Regalado: They already did, Commissioner, starting April 1st.
42 May 7, 1997
Commissioner Plummer: OK. That's...
Vice Mayor Regalado: The City of Miami is taking a hit of about four million dollars
($4,000,000) each month.
Commissioner Plummer: OK. My point, Tomas, very simply, is the numbers that we have at
the consortium is that you are looking somewhere between forty and sixty thousand people in
Dade County alone who are going to be hurting for food on the table. And we need to make sure
that the jobs that we can provide, and the monies that we provide to do jobs that we're protecting
the people who pay the salaries of the people of this City. So I'll tell you something. I think
we've got to be more, more strong in that area, to provide jobs for our people.
Mayor Carollo: If you could give your name and address for the record, please.
Mr. Grady Muhammed: Sure. Good morning, Mr. Mayor and Commissioners. Grady
Muhammed, 5660 Northwest 7th Avenue, Nation of Islam. We concur with Commissioner
Plummer, what you're speaking in reference to as it states where the County wants to lease the
arena for the... the land for the next 45 years. The City is in a very unique position to ensure,
with these billion -plus dollars being spent east of Overtown, to ensure that not only welfare
recipients, but target area residents, because, you know... Forget target area residents, Liberty
City, Overtown, East Little Havana, Wynwood, fighting each other. It's enough jobs, it's
enough money going around to ensure that first, residents of the target area, because that's
already on the books, instead of trying to now fight... pit welfare recipients against target area
residents, let's get the target area residents first. Like this Commission... It's not affordable
housing. They're condominiums that are going up, seventy-five thousand -plus, in Overtown. So
it's not affordable housing. The grant... the CRA is getting CDBG (Community Development
Block Grant) funds. This is... We're going on the 23rd year of Community Development Block
Grant funds. We really have to ask in the community of Liberty City, Overtown, where is the
money for the first 22 years? Because you can't see that CDBG funds. So whatever you all do,
Mr. Mayor, Commission, ensure that target area residents are hired first, as you're talking about.
But let's not pit target area residents against welfare recipients, because it's enough money to go
around for everyone. Thank you.
Mayor Carollo: Thank you. Hearing no further discussion, can you call the roll?
A. Quinn Jones, III, Esq. (City Attorney): Let me read the ordinance.
Mayor Carollo: OK. Call the roll.
43 May 7, 1997
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "POINCIANA VILLAGE CONDOMINIUMS PHASE
III CONSTRUCTION GRANT" AND APPROPRIATING FUNDS FOR THE
OPERATION OF SAME IN THE TOTAL AMOUNT OF $363,000.00, CONSISTING
OF FUNDS FROM THE SALE PROCEEDS OF THE MELROSE TOWNHOMES;
AUTHORIZING EXPENDITURES FROM SAID FUND; FURTHER AUTHORIZING
THE CITY MANAGER OT EXECUTE THAT CERTAIN GRANT AGREEMENT
BETWEEN THE CITY OF MIAMI, FLORIDA AND INDIAN RIVER INVESTMENTS
OF MIAMI, INC., IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY
OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY TO EFFECTUATE SAID GRANT; DIRECTING THE CITY MANAGER
TO REIMBURSE THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY TRUST FUND ACCOUNT IN THE AMOUNT OF
$221,417.60 FROM THE HEREIN ESTABLISHED SPECIAL REVENUE FUND;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Hernandez, 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.
------------ ---------------------------------------------------------------------------------------------------
18. COMMENTS BY VICE MAYOR REGALADO ON IMPACT OF WELFARE
REFORM: CITY RESIDENTS TAKEN OFF FOOD STAMPS &
SUPPLEMENTAL INCOME.
Commissioner Plummer: I move 18.
Vice Mayor Regalado: Mr. Mayor, before... I will just take a minute of your time, members of
the Commission, because, J.L., you made a comment. And I think that all this Commission is
aware of what's coming for the City of Miami. I have here some statistics that will tell you.
Whatever you see in yellow is people getting food stamps now. And as you see, the biggest
concentration of food stamp recipients is in the City of Miami. Now, because of the welfare
reform, the City of Miami will be impacted by 11,768 persons. That is the biggest number in all
the municipalities in the State of Florida. Aventura, for instance, is zero impacted. And Hialeah
would be the second city impacted. This... Starting April 1st, people have been taken off the list
of food stamps. And starting August 1st, people will be taken off the list of AFDC (Aid for
Families of Dependent Children) and SSI (Social Security Income) supplementary income. As a
44 May 7, 1997
matter of fact, next meeting, I would like for the Commission to hear the presentation of Ms.
Anita Boch, which will tell you that the crisis is real. And even though we have heard that there
is a move in Congress, and that there is a move in Tallahassee, at the end of the day, the City of
Miami will be really, but really impacted. And I think we ought to know. We need to know
what is going to happen. That is today. In 26 months... I mean in 16 months, we are going to
have the welfare reform in place, which will impact 26,000 persons in the City of Miami. And
that will affect mainly the Afro-American community.
NOTE FOR THE RECORD: At this point, the Vice Mayor
ega a o announces that Anita Boch will be scheduled to appear
at the next Commission meeting to speak on the issue of the
impact of welfare reform on the City of Miami.
----------------------------------------------------------------------------------------------------------------
19. AMEND SECTION 2 OF R96-554 -- INCLUDE ACCOUNT CODE
NUMBERS -- ALLOCATE COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS FOR LEASING OF ROYAL RENT -A -CAR VEHICLES.
Commissioner Plummer: Again, Mr. Mayor, I move item 18. And I do have a question.
Mayor Carollo: There's a motion for item 18. Is there a second?
Vice Mayor Regalado: Second.
Mayor Carollo: Second by the Vice Mayor.
Commissioner Plummer: My question is, I only find one breakdown of bids. Was there more
than one bid on 18?
Commissioner Hernandez: And have we paid what we owed them?
Ms. Judy Carter (Director, Purchasing): Commissioner, this is Judy Carter. This has to do with
the previous presentation by Mr....
Commissioner Plummer: Oh, this is the retrospect.
Ms. Carter: Yes. And this is now the...
Commissioner Plummer: I'm sorry. My question, then, is on 29. I'm sorry.
Commissioner Hernandez: Judy, we have paid them what we owed them?
Commissioner Plummer: Yeah. They found that we definitely owed it.
Mr. Elbert Waters (Director, Community Development): We paid them approximately sixty-
three thousand. This is the balance of what is due to the arrearage.
Commissioner Plummer: On rental cars. The City hadn't paid. We're bad pay.
45 May 7, 1997
i
Mayor Carollo: Any further discussions? Have those cars been returned already?
Mr. Waters: Yes.
Mayor Carollo: OK.
Mr. Waters: Yes, those cars were returned already.
Mayor Carollo: OK. Any further statements, questions? Hearing none, 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. 97-309
A RESOLUTION AMENDING SECTION 2 OF RESOLUTION NO. 96-554,
ADOPTED JULY 25, 1996, BY INCLUDING ACCOUNT CODE NOS. 451109-610-
799302, 451916-610-799201 AND 452016-610-799201 FROM WHICH COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS ARE TO BE ALLOCATED FOR THE
LEASING OF RENTAL VEHICLES FROM ROYAL RENT -A -CAR, AND ALSO
AMENDING SECTION 3 OF THE AFOREMENTIONED RESOLUTION BY
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO SATISFY ALL OUTSTANDING INVOICES OWED
TO ROYAL RENT -A -CAR FOR LEASING OF VEHICLES BY THE DEPARTMENT
OF COMMUNITY DEVELOPMENT DATING BACK TO MAY 1995.
(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.
46 May 7, 1997
----------------------------------------------------------------------------------------------------------------
20. AMEND CITY CABLE T.V. LICENSE ORDINANCE 9332 -- EXTEND
CABLE T.V. FRANCHISE AGREEMENT BETWEEN CITY & MIAMI
TELECOMMUNICATIONS, INC. -- FURTHER INSTRUCT CITY MANAGER
TO DRAFT REQUEST FOR PROPOSAL (RFP) SEEKING OTHER CABLE
PROVIDERS -- SEE LABEL 12.
Mayor Carollo: Now, we're going to go back to item 12. Mr. Liebowitz is here now. He would
like to come up and address the Commission.
Mr. Matthew Liebowitz: Mr. Mayor and members of the Commission, my name is Matthew
Liebowitz. I'm special counsel to the City on matters of telecommunications. My address is 1
Southeast 3rd Avenue, downtown Miami. What you have before you today is a request for a
further extension on the negotiations... to allow further negotiations with TCI with respect to the
renewal of their franchise agreement. Included in the packet of material that you were given,
you have copies of letters that have been sent out by the City to TCI, one dealing with the issue
of the formal negotiation process, as opposed to informal, which is an attempt to finally get these
negotiations on track, on an expedited basis. And the second is a... reference a discussion and
analysis of a dispute between the City and TCI with respect to past franchise fees. And the
status, as best as the City has been able to ascertain, the financial status, and a request for
confirmation by TCI.
Commissioner Hernandez: Mr. Liebowitz, what alternative does the City have at this point in
time? Can we deal with other companies other than Miami TCI? Can we open this up to an RFP
(Request for Proposals) process?
Mr. Liebowitz: Commissioner, you're correct. As you may recall, all these cable franchises are
nonexclusive. And so in theory, under the law, you've always been able, or in the last 20 years,
to bring in competition. In reality, though, that competition has been uneconomic. And because
of the Telecommunications Act, that was not real world. Given the new Telecommunications
Act, and the breakdown of some of the barriers, that possibility does exist. And the staff has
been meeting with other providers. And, in fact, the City, if it so desires, could actually put out
an RFP seeking additional operators.
Commissioner Hernandez: But, Mr. Mayor, based on the testimony of Mr. Liebowitz, based on
the fact that - and I know you made comment on this before the Commission in the past, just like
I have - that this company has been rated in the past as the... in Dade County as the worst
service -oriented company in Dade County. I would like to further look into the matter of
drafting an RFP, looking for a better service -oriented company, especially after the fact that we
just found out today that June 1st, they are going to increase our subscriber fees. I, personally,
am not happy with this company. I will not vote for an extension of one year. I will only
recommend it month to month, so we can live with some kind of cable company in the time
being, and we move forward to looking at other companies that are out there.
Mayor Carollo: Any further statements from members of the Commission?
Vice Mayor Regalado: No, just a question for Mr. Liebowitz. Do we have a say on what kind of
programming are they allowed to give residents of the City of Miami, in terms of who picks the
channels, the different services?
47 May 7, 1997
Mr. Liebowitz: Under the law, the City has a very limited role, if any, in real world, as to the
programming of the channels. You have a very limited say in terms of the renewal of the mix
and type of general programming. There has been an absolute prohibition in terms of the City
getting involved or mandating specific channels being carried. Notwithstanding that, in the real
world, in the context of the negotiations, in the context of the renewals, cities have been
relatively successful in impressing upon the cable operators the need to carry certain channels.
It's not a binding commitment, but by virtue of the negotiations and making the cable operator
sensitive to the City's needs, you may be relatively successful in those discussions.
Vice Mayor Regalado: Another question. Can we stop this company in their effort to raise fees,
come June the 1st?
Mr. Liebowitz: The answer is no, you cannot stop them.
Commission), pursuant to Federal legislation a number of
rate regulation process. I will tell you that the only one
process are lawyers and accountants, making fees. It
regulatory perspective. And so although we may be ablf
minimal impact, the impact, if at all, would be years d
astronomical, and again, the time frame would be delayed.
The FCC (Federal Communications
years ago instituted a very complex
who have been successful in this
s an unmitigated disaster, from a
to investigate and have some very
iwn the road. The cost would be
Mayor Carollo: Well, you know, Matt, this just seems to be unreal, that these cable companies
can charge whatever they please, whenever they please. They're contract is expired with us.
What can we do to put this out to bid, and open it up so that any other major cable company can
participate?
Mr. Liebowitz: Well, our recommendation is that we do a two -track.
Mayor Carollo: That's one way, I think, that we could assure that we could lower the rates for
the residents of Miami.
Mr. Liebowitz: Well, I think what we need to do in our recommendation would be a two -track
process. One is to kick TCI into a formal process with very specific time frames, so we get those
negotiations completed, one way or the other. And in the letter from the Manager's office, that
time frame runs from now through the end of December. So that process can go concurrently.
Second of all is you can make known informally or through an RFP process that the City does
seek additional providers. What you have to be careful about is when alternative or secondary
providers come in, that they don't cherry pick among the community. Give you an example.
There are some companies who are looking to overbuild in the State of Florida who will only do
it in the affluent areas. And obviously, that is not what the policy of the City of Miami is, and
we'd have to be very careful to make sure that any secondary... any second or third operators
understood that we're looking for service for the entire public and residents within the City.
Commissioner Plummer: You know, there's got to be one thing remembered. This TCI is not
an exclusive. They do not have an exclusive. Any other company who wants to come in and bid
can come in and bid. But there are certain things that they would have to do to bid. But there's
more than one company. Because now, what did I see the other day? Bell South is going to go
into the cable business.
Mr. Liebowitz: Well, Bell South is... actively sought to go into the cable business. They've
gotten a franchise from the County for the unincorporated areas. And again, there is a very
specific example of where the issue of redlining and build -out to the entire community came to
fore. So they are actively seeking franchises throughout the State. I know the staff has had
communications with Bell South, as have we, and we can continue those. But the flag there, if
you will, is that you want to make sure that there is an adequate guarantee of service for the full
community.
48 May 7, 1997
I
Commissioner Hernandez: Mr. Mayor, I'd like to make a motion on this.
Commissioner Plummer: Well, I think the only question we're talking about here - aren't we? -
is just whether the extension is one year or month to month.
Commissioner Hernandez: That's... I'd like to make a motion.
Commissioner Plummer: Is there any problem you have if we do it on a month -to -month basis,
so we don't have to stretch it out 12 months? We might have it finished in four or five months.
Mr. Liebowitz: Well, I... Legally, I do not have a problem with it. Administratively, I think it
would be easier if we had at least through December, which is the time frame we set out in the
formal process. But I have no problem coming back to you on a month -to -month basis and
report to you exactly where we are. That way, through that month -to -month mechanism, you
can maintain the pressure.
Commissioner Plummer: I so move.
Commissioner Hernandez: I second the motion to go to month -to -month, and would like to add
to the motion, if possible, to instruct the City Manager to draft an RFP, so we can move on and
seek other cable companies that are outside the City, or in Dade County, or in the United States.
Mayor Carollo: Is the maker of the motion willing...
Commissioner Plummer: Yeah. The RFP would have to come back here for our approval.
Commissioner Hernandez: Absolutely.
Mayor Carollo: OK. Any further discussion? All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
Mr. Liebowitz: Thank you.
Mayor Carollo: Thank you, Matt.
49 May 7, 1997
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-310
A MOTION AMENDING CITY OF MIAMI CABLE TELEVISION LICENSE
ORDINANCE NO. 9332, BY EXTENDING THE TERM OF THE CABLE
TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY AND MIAMI
TELECOMMUNICATIONS, INC. ON A MONTH -TO -MONTH BASIS; FURTHER
INSTRUCTING THE CITY MANAGER TO DRAFT A REQUEST FOR PROPOSALS
TO SEEK OTHER CABLE SERVICE PROVIDERS.
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.
---------------------- ----------------------------------------- -------------------------------------------------
21. AUTHORIZE SETTLEMENT: $250,000 TO ESTATE OF LEONARDO
NUNEZ MERCADO -- CASE 88-53801 CA 02.
Mayor Carollo: Now we're back...
Commissioner Plummer: Twenty. We're on 20. Mr. City Attorney, I have a question.
Mayor Carollo: No, we're on 19.
Commissioner Plummer: Huh?
Mayor Carollo: No, that was withdrawn. You're right, 20.
Commissioner Plummer: Yeah. Mr. City Attorney, I'll move the item. Is there a second?
Mayor Carollo: There's a motion. Is there a second?
Commissioner Hernandez: I'll second the motion.
Commissioner Plummer: All right.
Mayor Carollo: Second for discussion.
Commissioner Plummer: Mr. City Attorney, are there children involved here?
50 May 7, 1997
A. Quinn Jones, III, Esq. (City Attorney): Yes, sir. You have seven children who are involved,
as well as you have the... Douglas Snyder, who is the representative on behalf of the decedent's
estate, and Maritza Soto, who is the guardian of two of the seven children.
Commissioner Plummer: All right. What comfort can you give me or this Commission that the
monies for those children are going to be protected?
Mr. Jones: My understanding is this. This would have to be approved by the Probate Court. So
the Probate Court would decide how that money would he split, and ensure that the children get
what they're entitled to.
Commissioner Plummer: OK. That's the only question I had, Mr. Mayor. We've seen too
many cases where monies went to the adults, and they blew it in six months, and the kids had
nothing.
Mr. Jones: Well, that's why you have a representative who is representing the estate, to make
sure that those monies will go toward the care of the seven kids.
Commissioner Plummer: OK. Fine. I have no further questions, Mr. Mayor.
Commissioner Hernandez: No further questions.
Mayor Carollo: Any further questions? Hearing none, 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. 97-311
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
DOUGLAS SNYDER, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF
LEONARDO NUNEZ MERCADO, DECEASED, WITHOUT ADMISSION OF
LIABILITY, THE SUM OF $250,000.00 IN FULL AND COMPLETE SETTLEMENT
OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI,
ITS AGENTS, SERVANTS, AND EMPLOYEES, IN THE CIRCUIT COURT OF
DADE COUNTY, CASE NO. 88-53801 CA 02, UPON THE EXECUTION OF A
GENERAL RELEASE RELEASING THE CITY OF MIAMI FROM ANY AND ALL
CLAIMS AND DEMANDS; ALLOCATING FUNDS THEREFOR FROM THE SELF-
INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 620103-651.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
51 May 7, 1997
i Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
i
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
--------------------------- ------------------------------------------------------------------------------------
22. APPROVE CONTINUED ENGAGEMENT OF DAVIS, SCOTT, WEBER &
EDWARDS -- AS COUNSEL TO CITY IN POTTINGER, PETER CARTER,
AND BERRY YOUNG V. CITY OF MIAMI, CASES 91-5316; 92-5145; 95-
4555 -- ALLOCATE FUNDS (NOT TO EXCEED $25,000, ACCT. 620103-653).
Commissioner Hernandez: I move 21, Mr. Mayor.
Commissioner Plummer: Second.
Mayor Carollo: Twenty-one is moved by Commissioner Hernandez, seconded by Commissioner
Plummer. Any questions? Hearing none, all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
52 May 7, 1997
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-312
A RESOLUTION APPROVING THE CONTINUED ENGAGEMENT OF THE LAW
FIRM OF DAVIS, SCOTT, WEBER & EDWARDS, TO SERVE AS COUNSEL TO
THE CITY OF MIAMI IN CONNECTION WITH THE MEDIATION IN MICHAEL
POTTINGER, PETER CARTER AND BERRY YOUNG V. CITY OF MIAMI,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, CASE
NOS.: 91-5316; 92-5145 AND 95-4555, WITH FEES FOR SAID SERVICES NOT TO
EXCEED $25,000; ALLOCATING FUNDS THEREFOR FROM THE SELF-
INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO.
(Here follows body of resolution, omitted here and on file in the Office of the City
CIerk.)
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.
----------------------------------------------------------------------------------------------------------------
23. EXPRESS DESIRE TO IMPLEMENT "GOOD NEIGHBOR PROGRAM"
BETWEEN CITY & UNITED STATES GENERAL SERVICES
ADMINISTRATION (US GSA) -- FOR US GSA PAYMENT OF FEE FOR
CITY SERVICES -- FURTHER INSTRUCTING CITY MANAGER TO ENTER
INTO MEMORANDUM OF UNDERSTANDING.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Move 22.
Mayor Carollo: Twenty-two. Twenty-two, who makes the motion?
Commissioner Plummer: I moved it.
Commissioner Gort: I second.
Mayor Carollo: Commissioner Plummer makes it, Commissioner Gort seconds it. All in favor,
signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
53 May 7, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-313
A RESOLUTION, WITH ATTACHMENT(S), EXPRESSING THE CITY OF MIAMI'S
DESIRE TO IMPLEMENT THE "GOOD NEIGHBOR" PROGRAM BETWEEN THE
CITY OF MIAMI ("CITY") AND THE U.S. GENERAL SERVICES
ADMINISTRATION ("US GSA") FOR PAYMENT OF A FEE BY US GSA TO THE
CITY OF MIAMI FOR SERVICES PROVIDED FOR THE EXPRESS PURPOSE OF
REVITALIZING DOWNTOWN MIAMI; AUTHORIZING THE CITY MANAGER TO
ENTER INTO A MEMORANDUM OF UNDERSTANDING ("MOU"), IN
SUBSTANTIALLY THE ATTACHED FORM, WITH US GSA TO SET FORTH THE
UNDERSTANDING THAT BOTH PARTIES WILL ENTER INTO NEGOTIATIONS
FOR SAID PURPOSE; AUTHORIZING AND DIRECTING THE CITY MANAGER
TO NEGOTIATE A MEMORANDUM OF AGREEMENT ("MOA") WITH US GSA
SETTING FORTH THE TERMS FOR PAYMENT OF A FEE BY US GSA FOR SAID
SERVICES PROVIDED BY THE CITY IN THE DOWNTOWN AREA WHERE US
GSA CONTROLLED FEDERAL PROPERTIES ARE LOCATED; AND FURTHER
AUTHORIZING THE CITY MANAGER TO PRESENT THE NEGOTIATED MOA,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE CITY
COMMISSION FOR ITS REVIEW AND APPROVAL PRIOR TO ITS EXECUTION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
24. RATIFY / APPROVE / CONFIRM CITY MANAGER'S EMERGENCY
FINDING -- INCREASE CONTRACT WITH TREE ADVISORS
CONSULTING -- FOR TREE DAMAGE SURVEY & SUPERVISION OF
SERVICES IN CITY PARKS -- ALLOCATE FUNDS ($11,000 FROM CIP
PROJECT 331392 "PARK TREES CORRECTIVE TRIMMING / PRUNNING").
Mayor Carollo: Twenty-three has been withdrawn. Twenty-four.
i
Commissioner Plummer: Move it.
Commissioner Hernandez: Second.
54 May 7, 1997
Mayor Carollo: Twenty-four has been moved by Commissioner Plummer and seconded 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. 97-314
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 THAT EMERGENCY
CIRCUMSTANCES EXISTED AND AUTHORIZING AN INCREASE, IN AN
AMOUNT NOT TO EXCEED $11,000.00, IN THE CONTRACT WITH TREE
ADVISORS CONSULTING AND CONTRACTING, A DIVISION OF EARTH
ADVISORS, INC. FOR THE PROVISION OF SERVICES RELATED TO THE
PREPARATION OF A TREE DAMAGE ASSESSMENT SURVEY AND THE
SUPERVISION OF TREE TRIMMING WORK AND STRUCTURAL REPAIR OF
DAMAGED TREES IN CITY PARKS; ALLOCATING FUNDS THEREFOR FROM
FUNDS AS PREVIOUSLY APPROPRIATED BY CAPITAL IMPROVEMENTS
PROJECTS ORDINANCE NO. 11337, PROJECT NO. 331392, ENTITLED "PARK
TREES CORRECTIVE TRIMMING/PRUNING," FOR SAID INCREASE.
(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.
55 May 7, 1997
----------------------------------------------------------------------------------------------------------------
25. EXECUTE CONTRACT WITH "ICE ARENA" & "MALIBU GRAND PRIX" --
FOR FIELD TRIP -- FOR PARKS & RECREATION -- ALLOCATE FUNDS
($13,080 FROM CAMP FEE REVENUES).
Mayor Carollo: Twenty-five.
Commissioner Plummer: Twenty-five, move it.
Mayor Carollo: Moved by Commissioner Plummer.
Vice Mayor Regalado: Twenty-five, what... Where is Malibu located? Is that the one on
Flagler and the Palmetto, or is that the one in Broward?
Mayor Carollo: Palmetto.
Albert Ruder (Director, Parks & Recreation): Yeah, I think it's the one by the Pal... I'll have to
check that out, because...
Mayor Carollo: Yeah, Palmetto, that is.
Mr. Ruder: OK.
Vice Mayor Regalado: All right. Just a question.
Commissioner Plummer: God forbid, make sure that we get no lawsuits out of those field trips.
Let me ask a question real quick like. Are the kids that are in those field trips the ones that are
also protected by their school insurance?
Mr. Ruder: We have... We get special... We get special insurance for those kids, and in
addition, the bus has to be... provide us insurance, also. It's a private contractor.
Commissioner Plummer: Yeah. But, you know, this City gets sued for some screwy reasons
sometimes.
Mr. Ruder: Well, we'll work with Risk Management to make sure that we're protected as much
as we can.
i Commissioner Plummer: Well, you might want to inquire whether or not that's year-round
school insurance that they pay for, would cover them in this particular case.
Mr. Ruder: OK.
i
Commissioner Plummer: OK. Did we call the roll on 25?
Mayor Carollo: No. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
56 May 7, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-315
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE
"ICE ARENA" AND THE "MALIBU GRAND PRIX" ATTRACTIONS FOR
CONDUCTING ONE EACH FIELD TRIP AS PART OF THE ACTIVITIES OF THE
CITY OF MIAMI'S 1997 SUMMER CAMP PROGRAM, AT A TOTAL ESTIMATED
COST FOR BOTH ATTRACTIONS OF $13,080; SAID COSTS TO BE FULLY
COVERED BY CAMP FEE REVENUES PAID BY THE APPROXIMATELY 1,090
CAMP ATTENDEES.
(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.
----------------------------------------------------------------------------------------------------------------
26. ACCEPT BIDS: (1) RIPLEY'S LAWNCARE FOR GROUNDS
MAINTENANCE AT CENTRAL DISTRICT POLICE STATION -- (2)
J.R.ALVAREZ LAND CLEARING FOR GROUNDS MAINTENANCE AT
POLICE NORTH / SOUTH DISTRICT STATIONS & DAVID HERRING
TRAINING CENTER -- ALLOCATE FUNDS ($12,780, $7,620 & $5,160
RESPECTIVELY FROM POLICE GENERAL BUDGET ACCT
001000.290201.6.340).
Commissioner Plummer: I move 26.
Commissioner Hernandez: Second.
Mayor Carollo: Twenty-six, moved by Commissioner Plummer.
Commissioner Hernandez: Second.
Mayor Carollo: Seconded by Commissioner Hernandez. Any discussion? Hearing none, all in
favor, signify by saying "aye."
The Commission (Collectively): Aye.
57 May 7, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-316
A RESOLUTION ACCEPTING THE BIDS OF RIPLEY'S LAWNCARE, INC., FOR
THE FURNISHING OF GROUNDS MAINTENANCE SERVICES, IN AN ANNUAL
AMOUNT OF $7,620.00, FOR THE CENTRAL DISTRICT POLICE STATION AND
J.R. ALVAREZ LAND CLEARING, FOR GROUNDS MAINTENANCE SERVICES,
IN AN ANNUAL AMOUNT OF $5,160.00, FOR THE POLICE DEPARTMENT
NORTH AND SOUTH DISTRICT STATIONS AND THE DAVID HERRING
TRAINING CENTER, FOR A ONE (1) YEAR PERIOD WITH THE OPTION TO
EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT A TOTAL
PROPOSED ANNUAL AMOUNT OF $12,780.00; ALLOCATING FUNDS
THEREFOR FROM THE POLICE DEPARTMENT GENERAL OPERATING
BUDGET, ACCOUNT CODE NO. 001000.290201.6.340; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR THIS SERVICE, AND THEREAFTER TO EXTEND
THIS CONTRACT FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS AT THE
SAME PRICES, TERMS AND CONDITIONS, PURSUANT TO BID NO. 96-97.041,
SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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. ACCEPT BIDS: AFTER HOUR CLEANING SERVICE, INC. & ETCETERA
SERVICE, INC. -- FOR FURNISHING OF CUSTODIAL SERVICES FOR
POLICE DEPARTMENT -- ALLOCATE FUNDS ($90,662.52, $81,816 &
$8,846.52 RESPECTIVELY FROM POLICE GENERAL BUDGET ACCTS.
001000-290201-6-340 & 503001.291301.6.705.)
Commissioner Plummer: Move 27. I think this is one of the things that, you know, that they're
looking at, eighty-one thousand dollars ($81,000) for janitorial of north and south substations. I
don't know if it's 50150, but it's still forty thousand dollars ($40,000).
Mayor Carollo: OK. Do you... There's a motion on 27.
58 May 7, 1997
Commissioner Plummer: Right.
Mayor Carollo: Who seconded?
Commissioner Plummer: I moved it.
Mayor Carollo: Commissioner Plummer moved it, but who seconded it?
I
Vice Mayor Regalado: I.
Mayor Carollo: Vice Mayor Regalado. Hearing no further discussion, 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. 97-317
A RESOLUTION ACCEPTING THE BIDS OF AFTER HOURS CLEANING
SERVICE, INC., FOR THE FURNISHING OF CUSTODIAL SERVICES, IN AN
ANNUAL AMOUNT OF $81,816.00, FOR THE NORTH AND SOUTH DISTRICT
POLICE STATIONS (GROUP A) AND THE POLICE DEPARTMENT MINI -
STATIONS AND SATELLITE OFFICES (GROUP B) AND ETCETERA SERVICE,
INC., FOR THE FURNISHING OF CUSTODIAL SERVICES, IN AN ANNUAL
AMOUNT OF $8,846.52, FOR THE FLEET SERVICE CENTER (GROUP C), FOR A
ONE (1) YEAR PERIOD WITH THE OPTION TO EXTEND FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS, AT A TOTAL PROPOSED ANNUAL
AMOUNT OF $90,662.52; ALLOCATING FUNDS THEREFOR FROM THE POLICE
DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 001000-
290201.6.340 ($81,816.00) AND FROM THE FLEET SERVICE CENTER
OPERATING BUDGET, ACCOUNT CODE NO. 503001.291301.6.705 ($8,846.52);
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDER FOR THIS SERVICE,
AND THEREAFTER TO EXTEND SAID CONTRACT FOR TWO (2) ADDITIONAL
ONE (1) YEAR PERIODS AT THE SAME PRICES, TERMS AND CONDITIONS,
PURSUANT TO BID NO. 96-97-033, SUBJECT TO THE AVAILABILITY OF
FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
59 May 7, 1997
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.
-------------------------------- -------------------------------------------------------------------------------
28. AUTHORIZE CONTRIBUTION TO POLICE ATHLETIC LEAGUE (PAL) --
ALLOCATE FUNDS ($50, 000 FROM LETF ACCT 690002.291201.6.996).
i
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Move 28.
Commissioner Gort: Second.
Mayor Carollo: Twenty-eight has been moved by Commissioner Plummer, seconded by
Commissioner Gort. Hearing no further discussion, all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
60 May 7, 1997
., ,4
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-318
A RESOLUTION AUTHORIZING A CONTRIBUTION TO THE POLICE ATHLETIC
LEAGUE ("PAL"), IN THE AMOUNT OF $50,000.00 AND ALLOCATING FUNDS
THEREFOR FROM THE U.S. DEPARTMENT OF JUSTICE LAW ENFORCEMENT
TRUST FUND, ACCOUNT CODE NO. 690002.291201.6.996 FOR SAID
CONTRIBUTION; FURTHER AUTHORIZING THE TRANSFER OF THE
REMAINING ACCOUNT BALANCES FROM (1) THE YOUTH CRIME & DRUG
PREVENTION PROGRAM, (2) THE COPS & KIDS ATHLETIC DIVERSIONARY
PROGRAM, AND (3) THE CITY OF MIAMI POLICE EXPLORER PROGRAM
(PROJECT NO 690001) TO PAL, WITH ALL SUCH EXPENDITURES BEING OR
PREVIOUSLY CERTIFIED BY THE CHIEF OF POLICE AS BEING IN
COMPLIANCE WITH FLORIDA STATE STATUTE 932.7055, AS AMENDED.
(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.
----------------------------------------------------------------------------------------------------------------
29. ACCEPT BID: INTERAMERICAN CAR RENTAL, INC -- FOR RENTAL
VEHICLES -- FOR POLICE DEPARTMENT -- ALLOCATE FUNDS ($636,480
FROM LETF ACCT 69002.029032.6.679) -- SEE LABEL 46.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I move 29, but I have a question, Judy.
Ms. Judy Carter (Director, Purchasing): Yes, sir.
Vice Mayor Regalado: I have a question, too.
Commissioner Plummer: I only find one in my backup, one bid. I find it extremely difficult,
every time this comes up, that with all the advertising and all of the things these people.., dog eat
dog in this business that we only get one bid. I've got a problem with that. I mean, something is
wrong. I mean, you're talking over a half... six hundred and thirty-six thousand dollars
($636,000) worth of rentals in one year.
Mr. A. Quinn Jones, III, Esq. (City Attorney): I'll tell you what the problem is.
61 May 7, 1997
Commissioner Plummer: What's the problem?
Mr. Jones: The problem is that most of the rental companies don't want their cars banged up and
used for vice purposes. That's what the problem is.
Commissioner Plummer: Well, then, maybe we need to make some changes as... you know, I
mean...
Mr. Jones: Because you've asked that every year.
Ms. Carter: Let me... Yeah. Let me address that, because I recall very vividly...
Commissioner Plummer: Well, excuse me.
Ms. Carter:... and this is not a new discussion.
Commissioner Plummer: I don't want to go into long and drawn...
Ms. Carter: OK.
Commissioner Plummer: You know, I think this is an expensive way to go. I saw a thing in the
paper this morning, you can get a car for twenty-nine dollars ($29) a week, a hundred and forty-
five dollars ($145) a month.
Commissioner Gort: Twenty-nine dollars ($29) a week?
Commissioner Plummer: Yeah.
Ms. Carter: This type of contract is nowhere close to the kind of needs that we're talking about,
sir.
Commissioner Plummer: Is it week, one hundred and forty-five a week? What was it? I don't
remember what it was.
Commissioner Gort: They would go broke if they... No, no. no.
Ms. Carter: No, they don't...
Commissioner Plummer: Hey, it was 99 cents an hour. Now, that, I remember, OK?
Ms. Carter: No, no, no.
Commissioner Plummer: Ninety-nine cents an hour and... What is it, a hundred and forty-five a
week?
Vice Mayor Regalado: Of course. Of course, it was. I know a place that will rent you a car
with insurance for five hundred dollars ($500) a month. A car and insurance but...
Ms. Carter: May I just say two things, and I won't be long-winded. Number one, we
deliberately made follow-up calls to all of the vendors that we sent bids to. And we're talking
about firms such as National, Avis, Budget, et cetera, et cetera. And we then found out the
reasons why they were not responding to us. Initially, we thought it was the insurance, and to a
j great degree it was. We came back and spoke with Joe Carollo... I'm sorry. We spoke with
62 May 7, 1997
Frank Rollason, as it relates to the needs that were expressed at this particular Commission, to
see what we could do with regards to insurance. Mayor Carollo remembers that. And we sat
down and we agreed that we could otter or at least allow those particular vendors to bid their
self-insurance program. The bid was then incorporated to allow that, because many agencies do
not have the commercial type insurance as an independent, but they do have self-insurance. We
then issued this bid, and we only still received the bid of Interamerican and Royal Rent-A-Car,
the first time this was bid out. We then called those vendors again, and asked "Well, what's the
deal?" Because I personally sent a letter to them, and encouraged them, and asked them to
review the insurance requirements to make sure that that was not an issue anymore. We then
found out that the main reason, the main reason that these vendors are not participating, and that
is the size of the fleet. The City of Miami Police Department requires, up front, 60 to 80
vehicles. What we have found from the vendors that we've called - and we've called all of them,
and you have the report that I've submitted to you - is that their fleet, and having that size
available to the Police Department on an ongoing basis, was something that they could not do.
So therefore, that is why you do not have these other firms responding. We made an aggressive
attempt, Commissioners, and I will assure you that I had my staff feverishly working to try and
encourage these vendors to bid, and it has been difficult to do.
Commissioner Plummer: Yeah, but, you know, when I read here, your responses... Hertz
Rental, probably the largest company, I guess.
Ms. Carter: Uh-huh.
Commissioner Plummer: Unable to meet the specs because City should fill the gas tank before
returning the car. Now, that's a reason not to bid? I mean, it doesn't make sense, Judy.
Ms. Carter: That's one. But if you look at the rest of them, sir, the majority of it is the size of
the fleet.
Commissioner Plummer: The Royal Rent-A-Car, he said he returned the first package and
filling a second package is a waste of time.
Mr. Carter: Well, they didn't want to bid. That's why they said that.
Commissioner Plummer: OK.
Mr. Tony Rodriguez: Mr. Mayor, if I may make some comments.
Ms. Carter: We are not getting... Let me hush.
Commissioner Plummer: Hey, somebody needs to remember that, you know, it's...
Ms. Carter: Now, let me also say this before my friend over there speaks, is that as it relates to
the cost, and because I think that's what we want to be concerned about...
Commissioner Plummer: Of course.
Ms. Carter: ... this represents only a four percent increase from the previous bid that was in
existence for over three years. That's seems to match...
Commissioner Plummer: And I raised hell about the previous bid.
Mayor Carollo: At what percent?
63 May 7, 1997
Ms. Carter: Four percent.
Mayor Carollo: Four percent.
Ms. Carter: Over a three-year period, because we tend to give it a three-year contract, one with
the option to renew for two years. And tends to correlate with our cost of living.
Commissioner Plummer: You don't pay a guy since '85, he doesn't bid, you wonder why. Judy,
do you think maybe it's because when you don't pay a guy that you owe back to 1985, that he
says "To hell with you"? I mean, you know, if I was in that business and you didn't pay me
since '85, that's what I'd tell you.
Ms. Carter: No. Well...
Mr. Rodriguez: You know, Commissioner, that's exactly right. Tony Rodriguez, Miami FOP
(Fraternal Order of Police) 20. And that's the only reason why I stood up here, and I'll be brief.
The case is not because the officers are crashing the cars or anything like that, and I want to
make sure that's very clear. The case is because... and you're right, I have seen advertisements
in the newspapers and elsewhere, where you can lease a vehicle for two hundred and fifty or two
hundred and eighty-five dollars ($285). We've all seen them. In fact, when I was in Fleet
Liaison, quite a few years ago, I brought that to the attention of Chief Martinez, who was then in
charge, and still is, of that division, and we looked at some recommendations like that. The
reality is, these people don't want to bid for a number of reasons. Some of them are payment,
late payments, some of them are the size of the fleet, and others. But I certainly want to make
sure we're clear on the record that the reason is not because the officers are crashing those cars,
because the reality is, the majority of those cars are for things like staff and non -tactical related
units. You have a very small percentage of units that use those rentals for tactical reasons, like
street narcotics and robbery task force units. So I just wanted to make that very clear on the
record. Thank you.
Mr. Jones: Mr. Rodriguez, I beg to defer with you because this argument goes back for eight
years, even when I was over Risk Management. And every time this contract comes up, the
vendors stood right here before the Commission and said specifically that they did not want to
bid because they didn't want the fleet of cars being utilized the way that they were used, and the
accidents that were happening. So that is... whether they want to state it now, it's still a
legitimate concern, and that's why you're getting the same company that continues to bid over
and over.
Mr. Rodriguez: Well, Mr. Jones...
Mr. Jones: And if you look at the number of lawsuits, you come to my office and I'll show you
the number of cars that have been crashed and the money that we've had to pay out in
subrogation claims.
Mr. Rodriguez: Well, Mr. Jones, and again that's easy to say. But I would welcome the
opportunity for you to bring out those figures, not in your office but here publicly so the
community and the people can see. Because the reality is that there is not a great deal of
accidents to those rentals cars. There's not a great deal of expenses, and as you're implying,
lawsuits, because of those rental cars. So certainly, when you look at a fleet of 80 plus rental
cars, in that area, I think the numbers are minimal in that respect. So I would welcome and
encourage the opportunity for us to review those figures. Thank you.
Mayor Carollo: Frank, do you want to add anything to this enlightening discussion?
i
s
64 May 7, 1997
Chief Frank Rollason (Director, GSA): Just... I have to support the City Attorney's position and
just go on the record here for Risk Management. There are not a lot of wrecks, but they do get
wrecked, and sometimes they are not used within what the guidelines of what the contract was
for. And that's because a police officer is a police officer, and he may become involved in
something that normally he would not, or she would not, and therefore the car is in that position
where there is something else going on at the time, and they get involved in the things within the
scope of their duty as a police officer, and we have damage to a vehicle, and we certainly have to
take care of that.
Mr. Rodriguez: That is policework.
Mr. Rollason: But when you look at the contract and the contract says you're going to use it for
this, this and this, you're going to stay out of certain areas, you're going to not do certain things,
sometimes, because of the nature of the job, those things happen. And of course, when that
happens the rental agency is naturally on us saying, "Hey look, you want us to insure this and
cover this, and obviously, the car was not used according to what the intent of the contract was."
Even though it may be legitimate and therefore, we eat that in the City, and we pay for that
repair, only rightly so, because it wasn't utilized within the terms of the contract. But I think
that's the nature of the beast. You've got a police officer out there that's going to be involved in
something, and they can't turn their head because they're in a rental car.
Commissioner Plummer: The only question I'll ask Judy, please tell me
Ms. Carter: Yes, sir.
Commissioner Plummer: ... pick any three cities you want, what they do in the same proviso.
I... You know, it's just six hundred and eighty-three dollars ($683) a month for 80 cars. If you
were spending your money, you'd find a way to cut the cost. And I think that's what this City is
all about right now, trying to find ways to cut cost. Six hundred... wait a minute. Excuse me.
Am I mistaken? You can rent a Lincoln Towncar for four hundred and ninety-nine dollars
($499) a month?
Chief Warshaw: Right. Commissioner the...
Commissioner Plummer: Huh?
Chief Warshaw: The answer is yes. The issue here is, these cars are covered under a liability
insurance policy borne by the vendors. They are not part of the City's self-insurance fund.
Commissioner Plummer: Thank God.
Chief Warshaw: And you're right, if liability... if liability insurance was not part of the bid, then
those numbers would be substantially lowered, based upon what you're talking about. I also
want to add for the record...
Commissioner Plummer: Well, maybe that's worth consideration.
Chief Warshaw: Well, we've looked at this before and I'm all for taking a look at that. In the
last two years, the out -of- pocket expense was about thirty thousand dollars ($30,000). The
accident numbers on this particular fleet of cars has gone dramatically down. We've worked
very closely with the vendors. They know exactly what the street narcotics people do. They
have to abide by our chase policies. They don't get involved, you know, in heavy pursuit
driving, and we've lowered substantially in recent years. But I understand what you're saying
about liability insurance, and I'll be more than happy to sit down with Frank Rollason and look
at that.
65 May 7, 1997
Commissioner Plummer: Well, you and I are going to be sitting down, because that's what the
Commission asked me to do, to review it.
Chief Warshaw: Yes, sir.
Mayor Carollo: What is the will of the Commission?
Commissioner Plummer: Mr. Mayor, I don't think we have any... We don't have any choice,
and that's my biggest problem, that we don't have a choice.
Ms. Carter: The old contract expired this week, sir.
Commissioner Plummer: Well, you know... Judy, you've heard me say this before...
Ms. Carter: Yes, sir.
Commissioner Plummer: ... that's your fault for not bringing it here before. Don't come here
telling me at the last minute, it's my fault if I don't do something.
Mayor Carollo: Well wait, wait, wait. You're saying that we don't have any choice. Vice
Mayor Regalado just said that he knows of a firm that can do it even cheaper. Did I understand
you correctly?
Vice Mayor Regalado: Yeah.
Mayor Carollo: Well...
Vice Mayor Regalado: J.L. also knows.
Mayor Carollo: We could do it month to month, if need he, until, you know, we can get a
permanent company.
Vice Mayor Regalado: I was going to ask that, if month to month will make a difference in the
cost, rather than one year and the possibility of extending.
Mayor Carollo: Well, they don't keep those cars for a year. They could trade them in any time.
Ms. Carter: Are you talking about with the current vendor, sir?
Vice Mayor Regalado: I'm sorry?
Ms. Carter: Are you speaking to us with regards to the current provider of those services and
continuing...?
Vice Mayor Regalado: No, no. I'm speaking to you about your proposal of Interamerican Car
Rental.
i Ms. Carter: OK.
Vice Mayor Regalado: One year plus another...
Ms. Carter: Two options, OK.
66 May 7, 1997
Vice Mayor Regalado: ... year extension. That would be two years. My question is, if we do it
month by month...
Ms. Carter: OK.
Vice Mayor Regalado: ... can... would it make a difference of the cost?
Captain Longueira: That will be more expensive. It's more expensive. It tends to be more
expensive when you do it that way.
Vice Mayor Regalado: I know what you're saying. That's what I'm asking.
Captain Longueira: Yes, it's...
Chief Warshaw: Let me answer. Let me answer.
Captain Longueira: All right.
Chief Warshaw: Commissioner, the issue on month to month is, it's a 60 to 80 car fleet, but a lot
of these cars have to be changed, because they're used for undercover purposes. So based upon
that, the vendor usually has to go out and buy, in addition to his fleet, in excess of that number of
60 or 80, maybe 100 or more. So my guess is, as it was... has been the case in the past that when
we try to do month to month they charged us a lot more money, because they're making the
investment in the cars for at least a year. They keep the cars for a year, sell them and then buy a
new fleet year after year, after year. So that's been what the issue has been in the past on month
to month.
Commissioner Plummer: Do these monies come from the Law Enforcement Trust Fund?
Chief Warshaw: Yes, sir. Yes, sir. And I'd be all in favor of any vendor who bid, you know,
for a low... It makes no difference in the Police Department where we get the cars.
Commissioner Plummer: Let's make it a one year bid, a one year contract.
Mayor Carollo: Again, what is the will of this Commission?
Commissioner Plummer: I'll move it on a one-year basis.
Vice Mayor Regalado: Second.
Mayor Carollo: There is a motion by Commissioner Plummer to approve it on a one-year basis.
It's been seconded by Vice Mayor Regalado.
Commissioner Plummer: Let it reflect I don't like it.
Mayor Carollo: Is there any further discussion? Hearing none, all in favor signify by saying
"aye "
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
67 May 7, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-319
A RESOLUTION (Per the Law Department, this resolution was reconsidered by M 97-
336, this resolution is dead.)
(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.
----------------------------------------------------------------------------------------------------------------
30. PRESENTATION TO CITY COMMISSION BY MERRETT STIERHEIM,
EXECUTIVE DIRECTOR OF GREATER MIAMI CONVENTION &
VISITORS BUREAU -- FOR NATIONAL TOURISM WEEK.
Mayor Carollo: Before we proceed, I see a distinguished, old familiar face.
Commissioner Plummer: Extinguished. Extinguished.
Mayor Carollo: It's our former City Manager, Merrett Stierheim, and I think he has some
presentations to make. So if you could step forward and step on that "X," you could proceed.
Mr. Merrett Stierheim: Thank you, Mr. Mayor. It's wonderful to be here with this harmonious
Commission. I loved the article in The Herald the other day, very appropriate. And I
congratulate you with all the sincerity I have for the accomplishments that you've done with
your Manager.
Commissioner Plummer: All right. What do you want?
Mr. Stierheim: No. I'm here... ha ha ha. I really don't want anything. But I may be back. I'm
here because this is National Tourism Week. And I'm... I don't have any more wrinkles under
here. I've lost 22 pounds since I left here, and I'm smiling. I'm very happy. But it is National
Tourism Week, and we're visiting with each of our interlocal partners. And, of course, the City
of Miami is a major partner with the bureau. And I'm happy to tell you that we have just
released our first quarter statistics for the first quarter of this year, and coming off back to back
record years, '95 and then '96 was even greater. We're off to a better start this year. And I think
if you talk to any of your hoteliers downtown or in the Grove and so forth, they will tell you that
68 May 7, 1997
they're having an excellent start. We had two point four million overnight visitors the first three
months of this year in Greater Miami, and they spent about three billion dollars ($3,000,000,000)
in our community. So, I mean, this is the healthiest, cleanest, most prosperous industry we have.
And in recognition of that, we thought it appropriate this week that we thank a partner to the
bureau. Through the Mayor and Commission, and the Manager's office, Don Warshaw and the
Miami Police Department have really been a tremendous ally and partner to the visitor industry.
And I represent today not just the bureau, but the visitor industry, the 120,000 workers who work
directly in that industry, and another 100,000 that are indirect. And we are here to say thank you
to the City, and particularly, to the Chief and to his officers, men and women, and to single out
some officers, particularly. And, Mayor, we've prepared this... If I can walk over there, I don't
know... I don't really need the mike. Would you like to join me here, or do you want me to
come up...
Mayor Carollo: I would...
Mr. Stierheim: Better if you come here, maybe. Yeah. I mean...
Mayor Carollo: Well, why don't you come up here?
Commissioner Plummer: There's a portable mike.
Mr. Stierheim: I was up there before. I remember being up there.
Mayor Carollo: Why don't you come up here, Merrett. I think it's more appropriate.
Commissioner Gort: And now we're going to take pictures of the City Manager, before and
after.
Commissioner Plummer: They said on T.V. today it was Tourist Appreciation Day.
Mr. Stierheim: Yeah, I said it's National Tourism Week, but Tourist Appreciation.
(INAUDIBLE COMMENTS NOT INCLUDED IN THE PUBLIC RECORD.)
Mr. Stierheim: Don, if you could come up first, please. And this is just on this occasion,
National Tourism Week and Tourist Appreciation Day. And as you can see, Mr. Mayor, your
name is here, along with the Commission and the Greater Miami Convention and Visitors
Bureau. We want to present this to Chief Don Warshaw for his unfailing support for law
enforcement not only for our residents and citizens, but for our visitors, as well. I will tell you
that ever statistic that we get, since 1993, when we had the rash of tourism crime, and visitors
dropped off in 1994, and we were hurting, and our hotels were hurting, we have reduced in the
City of Miami 80 percent the crimes against tourists. And that didn't happen by accident. It
happened through the actions of this Commission, the Manager's office, and the Chief and his
officers. So proudly, we present this to you, Chief.
Chief Donald Warshaw (Chief of Police): Thank you very much. Than you, Merrett.
(APPLAUSE)
Mr. Stierheim: And this comes from the Mayor, I am sure.
Chief Warshaw: Thank you so much. Thanks. Thanks. What an honor, from my own bosses
here.
69 May 7, 1997
Mr. Stierheim: And very importantly... here, you want to put this... we will anyway. On last
year, just before the Orange Bowl Parade, we had a couple who didn't have a lot of money, but
they wanted to come to Miami. They wanted to see the Orange Bowl Parade. So they got on a
bus, and they came down. And somewhere along the way, a sad thing happened. They got
robbed. And we had five of our finest police officers in the City of Miami befriend this couple,
if you will. They had no money. They took them to dinner. They got them a hotel room, and
they got them bus tickets to get back to their home in Alabama. Now, that's the kind of... I think
that just goes above and beyond. That's what we do for someone in our house, and why not do it
for someone that's in your home. So we wanted to say thank you through you, Chief, to these
find officers. And if they would come up, please. We've got Officer Mercado, Ballestero,
Gomez, Ronald Papier. Am I saying that right? Ariel (inaudible).
(APPLAUSE)
Mr. Stierheim: And I... And when we got ready to do this, we have... and I'll just do this one
with Officer Mercado, if I can get it out. There we go. It was stuck. Mr. Mayor.
Mayor Carollo: This is presented to Officer Mercado for his dedication and commitment to
excellence in the performance of his duties while helping visitors. It is given by the Greater
Miami Convention and Visitors Bureau and the City of Miami Commission.
(APPLAUSE)
Mr. Stierheim: And I have similar ones for each. And when I got ready to do this, I said, "Did
the officers get reimbursed for what they had spent?" And I was somewhat shocked and a little
embarrassed to find out that the answer was "no." So I think at the bureau, we're going to make
arrangements for you to bring your wives and husbands or your friend, and we're going to all go
out and have a wonderful dinner together at a great restaurant here.
(APPLAUSE)
Commissioner Plummer: If you get a dinner out of this guy, you got something.
NOTE FOR THE RECORD: At this point, Mr. Stierheim presents
commendations to M-e-f—oT Police Donald Warshaw, and various
other members of the Police Department
Mr. Stierheim: Anyway, those feelings are heartfelt. I think, on behalf of the citizens and the
visitor industry, thank you for letting us interrupt your meeting, Mr. Mayor and Commissioners.
Mayor Carollo: Sure. On the contrary, we...
Mr. Stierheim: We'll be back.
NOTE FOR THE RECORD: At this point, Vice Mayor Regalado
requests of Mr. Stierheim to allow the City of Miami to participate
in the proposal to bring the Pan American Games of 2007 to the
City of Miami.
70 May 7, 1997
Vice Mayor Regalado: Before you go, Merrett... Mr. Mayor now that we have Merrett
Stierheim here, I would like to ask him to let the City of Miami participate in the proposal to
bring the Pan American Games of 2007 to the City of Miami. I know that you are very involved,
and I think that the City of Miami could give the Pan American Games something that no other
City can give, not only because we have a proper stadium, but because we have here the
headquarters of the three major Spanish networks that serve Latin America and the Caribbean.
So having said...
Mr. Stierheim: I'd be happy to make sure that happens, and also to pass it on to our colleagues
at the County, and there will probably be a host committee. But I would caution that in our zeal
and exuberance, there is a price tag associated with that. A lot of... I don't want to bring a
sobering element to this meeting but...
Vice Mayor Regalado: You will give us a hand.
Commissioner Plummer: Right. The old Merrett Stierheim is coming out.
Mr. Stierheim: No, no, no. I'm delighted to do that, and we will work together. And I
appreciate the expression of interest and support for that. It would be wonderful if we could
have them here in 2007, if we're all around.
Mayor Carollo: Of course, we'll be. Merrett, again, I want to thank you. And I think that this is
another prime example of the dedicated officers that we have in the City of Miami Police
Department, and why so many of us feel that we have the finest Police Department, with the
finest officers anywhere in the country. We're very proud of them, and we thank them for the
job that they have done. And we're also grateful and very appreciative of the work that our
former City Manager - in fact, the only one that was never paid a salary in the history of the City
of Miami - did for us.
Commissioner Plummer: In the shortest tenure.
Mayor Carollo: We're very, very grateful to Merrett Stierheim.
Commissioner Plummer: I move item 30.
Commissioner Gort: Mr. Mayor, before we go into item 30, I would also like to state that one of
the reasons this program is very successful is because the hotels work very closely with the City
and the police, and that made it very successful. I think they should be recognized, also.
71 May 7, 1997
----------------------------------------------------------------------------------------------------------------
31. RATIFY / APPROVE / CONFIRM CITY MANAGER'S EMERGENCY
FINDING -- AUTHORIZE INCREASING CONTRACT BETWEEN CITY &
FLORIDA LEMARK CORPORATION -- FOR CITY HALL
WATERPROOFING -- ALLOCATE FUNDS ($2,140, CIP 11337, ACCT.
311401-670).
Commissioner Plummer: Move item 30.
Commissioner Hernandez: Second.
Mayor Carollo: Item 30 has been moved. There's a second. Hearing no further discussion, 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. 97-320
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 EMERGENCY
CIRCUMSTANCES AND AUTHORIZING AN INCREASE IN THE CONTRACT
DATED MARCH 26, 1997, IN AN AMOUNT NOT TO EXCEED $2,140.00,
BETWEEN THE CITY OF MIAMI AND FLORIDA LEMARK CORPORATION, FOR
THE CITY HALL WATERPROOFING (SECOND BIDDING) H-1093,"
ALLOCATING FUNDS THEREFOR FOR SAID INCREASE FROM GENERAL
FUND REPAIR/MAINTENANCE ACCOUNT NO. 311401-670, AS PREVIOUSLY
APPROPRIATED BY CAPITAL IMPROVEMENT ORDINANCE NO. 11337, AS
AMENDED.
(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 Regaiado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mayor Carollo: If I may...
72 May 7, 1997
Commissioner Plummer: Excuse me a minute, Mayor.
Mayor Carollo: ... Mr. Commissioner, we're going to break.
Commissioner Plummer: I hope not.
Mayor Carollo: We still have quite a few things to do. And it's our policy to always break at
noon, and there is quite a few more things that we have to do.
Commissioner Plummer: Mr. Mayor, we could do six more and defer to the next meeting the
appointments.
Mayor Carollo: Well, we have a key discussion, also, that we're going to have. Now, I... Can
we come back, say, at three -forty-five? Would that be fine? I think we only have a couple more
hours of work.
Commissioner Gort: Let me take a pocket item.
Mayor Carollo: Well, whatever pocket item you have...
----------------------------------------------------------------------------------------------------------------
32. SCHEDULE FOR COMMISSION MEETING OF MAY 22, 1997 AT 2:P.M.,
ITEM CONCERNING TOWING PRACTICES & TOWING RELATED ISSUES
IN CITY.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, let me ask a question.
Mayor Carollo: Yes.
Commissioner Plummer: I see people here of the wrecking industry. Is there any discussion
going to be this afternoon in reference to...
Mayor Carollo: Well, I will say this, Commissioner. I see that discussion being real short. The
only thing that we had discussed before was a problem that we were having with one firm. I've
gotten some information on that already, just like all of you have. I would be willing to make
only the following change. Out of the two companies that we have as alternatives, leaving one
of them, and we could add another one that might not be getting as much in their zone, also, as
an alternative. But as far as everybody else, we went through a long process in choosing zones,
and I think for the meantime, it has to be left that way. It's going to cause too much commotion.
Commissioner Plummer: The only thing I'm thinking... because I saw nothing on the agenda. I
have no problem with what your discussion... I don't even really know what your suggestion is.
But if, in fact, there are going to be changes, we did this at public hearings, and I think that all
companies have to be notified and be present, whether they're involved or not. And that's the
reason I'm asking that there's not... other companies involved that I know that are not here. And
if you're going to have a discussion, I... that's fine, and I think it's overdue. But...
Commissioner Hernandez: We should put it on the next agenda.
Commissioner Plummer: Then I think it should be on an agenda, where all people that are in the
industry should be notified.
73 May 7, 1997
Mayor Carollo: Again, Commissioner, I think that what we would be discussing would be very
limited, and would only be in reference to the alternative companies, period.
Commissioner Plummer: Mr. Mayor, I have no problem with that.
Mayor Carollo: OK.
Commissioner Plummer: The only problem that I have is that if it gets involved with the zones,
then I think everybody should have the opportunity to be here, to hear what's being said, and
take it from there. So I would suggest that we definitely schedule it for the next agenda. If there
is no meeting of the minds or whatever action might be needed by this Commission, then we
schedule it for the next agenda.
Mayor Carollo: OK. That will be fine. We could schedule it to the next agenda. And if there
are any changes in the alternate companies, then we'll make them. If they're going to stay the
same, they'll stay the same.
Commissioner Plummer: I have no problem with that.
Mayor Carollo: And it will be limited to that.
Commissioner Plummer: I have no problem with that.
Mayor Carollo: Very good.
----------------------------------------------------------------------------------------------------------------
33. TABLE TO AFTERNOON SESSION DISCUSSION OF MARTIN LUTHER
KING ECONOMIC DEVELOPMENT CORPORATION LOAN -- SEE LABEL
42.
----------------------------------------------------------------------------------------------------------------
Mr. Ray Fauntroy: Mr. Mayor...
Commissioner Plummer: So we're coming back at three -forty-five?
Mayor Carollo: Three -forty-five.
Mr. Fauntroy: I would just like to ask, on a pocket item, we have an attorney here that we have
to pay by the hour.
Commissioner Plummer: You're paying by the hour. Ha ha.
Mr. Fauntroy: And we'd like to, if we could, take that one pocket item, so we could get this out
of the way real quickly. It would help us.
Commissioner Plummer: A pocket?
Mayor Carollo: Go ahead, please, real briefly. It's the Manager's pocket item.
Mr. Fauntroy: My name is Ray Fauntroy, and I'm with the Martin Luther King, Jr. Economic
Development Corporation. And we want to thank you for taking the time to listen to us this
74 May 7, 1997
morning. We're here on an emergency basis. Tomorrow, we stand a chance of being dissolved,
if we don't get your help today. We have a situation here where we want to... You have a
resolution in front of you. We have...
Commissioner Plummer: Has the Manager seen this?
Mr. Fauntroy: We area...
Commissioner Plummer: Have you seen this and had time to study it?
Mr. Aaron Weeks (Chief of Staff): We have a recommendation regarding the subordination of
the loan. The information which you have just been passed out, we haven't seen.
Mr. Fauntroy: We have... yeah.
Mayor Carollo: What... If we could have, for the record, the Administration's recommendation
on this, please.
Mr. Weeks: Commissioners, the City Administration has reviewed the information submitted by
the MLK Economic Development Corporation. They have a loan outstanding balance of three
hundred and ninety-four thousand. They are approximately thirty-three thousand dollars
($33,000) in arrears on that loan. The organization would pay the City fifteen thousand dollars
($15,000) towards the amount that's in arrears. They would pay the City one hundred and five
thousand dollars ($105,000) a month. The... I'm sorry, one thousand. One thousand five
hundred dollars ($1,500).
Commissioner Hernandez: Mr. Weeks... Mr. Weeks, I'd like to be given an opportunity... Has
this gone before the loan committee?
Mr. Weeks: No, sir.
Commissioner Hernandez: Then we should go and follow the same process we've been doing
with the rest of them. This should go before... and let's see if we can get some kind of backup
information on this.
Mr. Tom McCormack: Commissioner, if I...
Mr. Weeks: The reason this was an emergency request that the Administration looked at, there's
a foreclosure proceeding, and in order to try to protect the City's investment in the property, the
City tried to provide for an expedited review of this submission.
Commissioner Plummer: But this is for subordination.
Commissioner Hernandez: Yeah.
Commissioner Plummer: Was it previously for subordination?
Mr. Weeks: That's correct.
Commissioner Plummer: It was or was not?
Mr. Weeks: I'm sorry. This has been a request from MLK to subordinate the City's position.
Commissioner Plummer: Was it previously any... insubordination or subordination? Who is...
75 May 7, 1997
Mr. Weeks: Yes.
Mr. Ed Blanco: Commissioner, Ed Blanco, Community Development. The Martin... the MLK
loan to the City was a previously subordinate to the first mortgagee, which now is owned... the
first mortgage is owned by Tacolcy Economic Development Corporation, which has the first
mortgage, and our loan is automatically subordinated to that. However, I understand MLK is
getting another loan from another bank, and this particular bank wants the City to support its
position to their lender, and we are recommending that we do so.
Mr. McCormack: If I could just clear things up. The City's position would be no different than
it presently is. The City... We are now in default to the City of the money. We want to bring
ourselves out of default by giving fifteen thousand dollars ($15,000) immediately to the City,
and then going on each monthly payment, so that we're not in arrears. The only difference
between the present situation that the City is in, and you will be if you allow the subordination, is
that eighteen thousand dollars ($18,000) of the money in arrears will be put at the end of the
loan. The position of the City will not change its present position.
Commissioner Hernandez: Mr. Mayor, I'd like to be given an opportunity to review these
documents before I vote, and I'm not ready to... after recess.
Mayor Carollo: OK.
Commissioner Plummer: We'll be back at three.
Mayor Carollo: We'll bring it back after recess. The Commissioners need to review it, and...
Was that on the agenda, or was that given out just now?
Commissioner Hernandez: No, gave out right now.
Commissioner Plummer: Sir, may I suggest to you, except what you just heard, because if not, if
he invokes the rule, you'll be back in five days.
Mr. McCormack: If I could just... I accept what you say. And the only thing I wanted to point
out is we will certainly be back later today. Our emergency begins tomorrow. So that's exactly
what we want, is for you to consider.
Commissioner Plummer: You better say a whole lot of prayers.
Mr. McCormack: I have my fingers crossed, and I'm saying my prayers. Thank you.
Mayor Carollo: All right.
Vice Mayor Regalado: Mr. Mayor, can we come back at four instead of three forty-five?
Mayor Carollo: That will be fine. Four p.m. sharp, sure.
NOTE FOR THE RECORD: At this point, the pocket item
regarding Martin Luther King, Jr. Economic Development
Corporation was tabled.
76 May 7, 1997
----------------------------------------------------------------------------------------------------------------
34. COMMISSION STATES ITEMS TO BE DISCUSSED FIRST IN AFTERNOON
SESSION: BALLOT QUESTION / MARITIME PARK PROPERTY.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor.
Mayor Carollo: Yes.
Mr. Foeman: For the record... For the record, the Commission had indicated that it would vote
on the proposed ballot question for abolition. It was inadvertently left off the agenda, but it will
be heard by you this afternoon. So I just wanted the record to reflect that.
Mayor Carollo: OK. For the record, for everyone that's here and everyone that's listening, we
will be taking up, as we previously stated at the last meeting, the question of... the ballot question
on abolishing the City.
Commissioner Plummer: According to my schedule, we have three items of major importance
this afternoon. Number one is the item of the ballot. Item number two is discussion on bayfront
property, and item number three is to wish the Heat good luck tonight.
Mayor Carollo: The Miami Heat.
Commissioner Plummer: The Miami Heat. Is there any other?
Mr. Jones: Miami Heat.
Mayor Carollo: Well, some people use another word, "Florida."
Commissioner Plummer: Is there any other?
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 12:17 P.M. AND RECONVENED AT 4:13 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPTING COMMISSIONER HERNANDEZ AND
COMMISSIONER GORT FOUND TO BE PRESENT.
77 May 7, 1997
"1
----------------------------------------------------------------------------------------------------------------
35. APPROVE PURCHASE OF SAFETY SHOES & BOOTS FROM LEHIGH
SAFETY COMPANY -- THROUGH GLOBAL TRADING OF MIAMI / IRON
AGE CORP / RITZ SAFETY EQUIPMENT / SAM MALLEN CO. -- FOR
VARIOUS CITY DEPARTMENTS -- ALLOCATE FUNDS: $58,250 FROM
ACCTS, 509000-420901-6-719 ($1,500); 422001-421301-6-075 ($16,000);
001000-311301-6-719 ($4,500); 001000-311401-6-719 ($2,500); 417000-
311501-6-719 ($900.); 001000-310301-6719 ($350); 001000-311002-6-719
($2,500); 001000-280601-6-075 ($30,000).
Commissioner Plummer: Mr. Mayor, I move item 31.
Mayor Carollo: All right. We're ready to start the afternoon session of the regularly scheduled
Commission meeting of today. And Commissioner Plummer is moving item 30?
Commissioner Plummer: Thirty-one, 31.
Mayor Carollo: OK, 31.
Vice Mayor Regalado: Second.
Mayor Carollo: Seconded by Vice Mayor Regalado. Hearing no further discussion, all in favor,
signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
78 May 7, 1997
%
'N
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-321
A RESOLUTION APPROVING THE PURCHASE OF SAFETY SHOES AND BOOTS
FROM LEHIGH SAFETY SHOE COMPANY THROUGH GLOBAL TRADING, INC.
OF MIAMI, IRON AGE CORPORATION, RITZ SAFETY EQUIPMENT, INC., AND
SAM MALLEN CO., FOR A ONE (1) YEAR PERIOD WITH THE OPTION TO
EXTEND FOR AN ADDITIONAL ONE (1) YEAR PERIOD, UNDER EXISTING
DADE COUNTY CONTRACT NO. 1802-2/99, FOR USE BY VARIOUS CITY
DEPARTMENTS AT A TOTAL PROPOSED ANNUAL AMOUNT OF $58,250.00;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NUMBERS 509000-
420901-6-719 ($1,500.00), 422001-421301-6-075 ($16,000.00), 001000-311301-6-719
($4,500.00), 001000-311401-6-719 ($2,500.00), 417000-311501-6-719 ($900.00,
001000-310301-6-719 ($350.00), 001000-311002-6-719 ($2,500.00), 001000-280601-6-
075 ($30,000.00); AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
DIRECTOR OF PURCHASING TO ISSUE PURCHASE ORDERS FOR SAID
ACQUISITION AND THEREAFTER TO EXTEND SAID CONTRACT FOR AN
ADDITIONAL ONE (1) YEAR PERIOD AT THE SAME PRICE, TERMS AND
CONDITIONS, SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
---------------------------------------------------------------------------------------------------------------
36. APPROVE PURCHASE OF AUTOMOTIVE PARTS / ACCESSORIES FROM
18 VENDORS -- FOR FIRE -RESCUE & POLICE -- ALLOCATE FUNDS
($524,000, ACCTS. 509000.420901.6.702 $25,000; 001000.280601.6.702
$49,000; 503001.291301.6.702 $450,000).
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Move 32.
Mayor Carollo: Thirty-two has been moved by Commissioner Plummer.
Vice Mayor Regalado: Second.
Mayor Carollo: Seconded by Vice Mayor Regalado. Is there any further discussion from
members of the Commission? Hearing none, all in favor, signify by saying "aye."
79 May 7, 1997
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-322
A RESOLUTION, WITH ATTACHMENT, APPROVING THE PURCHASE OF
AUTOMOTIVE PARTS AND ACCESSORIES FROM EIGHTEEN (18) VENDORS
AS LISTED ON EXHIBIT A ATTACHED HERETO AND MADE A PART
THEREOF, UNDER EXISTING DADE COUNTY CONTRACT NO. 1070-3/02-OTR-
CW FOR THE DEPARTMENTS OF GENERAL SERVICES ADMINISTRATION,
FIRE -RESCUE AND POLICE, FOR A PERIOD OF ONE (1) YEAR, WITH THE
OPTION TO RENEW ON A YEAR-TO-YEAR BASIS UNTIL FEBRUARY 28, 2002,
FOR A TOTAL PROPOSED ANNUAL AMOUNT OF $523,000.00; ALLOCATING
FUNDS THEREFOR FROM ACCOUNT CODE NOS. 509000.420901.6.702
($25,000.00), 001000.280601.6.702 ($49,000.00), AND 503001.291301.6.702
($450,000.00); AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
DIRECTOR OF PURCHASING TO ISSUE PURCHASE ORDERS FOR SAID
ACQUISITIONS, AND THEREAFTER TO EXTEND THIS CONTRACT ON A
YEAR-TO-YEAR BASIS UNTIL FEBRUARY 28, 2992, AT THE SAME PRICE,
TERMS AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
----------------------------------------------------------------------------------------------------------------
37. TABLE TO LATER IN MEETING DISCUSSION CONCERNING
NORTHWESTERN ESTATES HOUSING PROJECT -- SEE LABEL 40.
Mayor Carollo: We're on item 33, discussion concerning the Northwestern Estates Housing
Project.
Commissioner Plummer: Is there a representative here?
Mayor Carollo: The people from Northwestern Estates, can they come up? Now, if you're
looking for us to take a vote on anything, there's only three members of the Commission.
80 May 7, 1997
Unidentified Speaker: Yes. I'd like to wait, if we could.
Mayor Carollo: And... Yeah, if we could wait for the full board to be here, because otherwise, if
you only have one voting differently, you won't have three votes.
Unidentified Speaker: Yeah, that's correct. I'd like to wait. We're waiting for...
Mayor Carollo: OK. We'll wait, then, for the others, on this item.
Commissioner Plummer: Question.
Vice Mayor Regalado: Mr. Mayor, I...
Commissioner Plummer: Has this matter been before the City Manager? You're prepared to
discuss it and recommend?
Mr. Edward Marquez (City Manager): Yes.
Commissioner Plummer: Thank you.
NOTE FOR THE RECORD: At this point, Agenda item 33 was
to le .
-----------------------------------------------------------------------------------------------------------
38. RECONSIDER / ACCEPT BIDS OF EIGHT TEMPORARY PERSONNEL
SERVICES FIRMS -- FOR FURNISHING TEMPORARY PERSONNEL
SERVICES TO DEPARTMENTS AS NEEDED -- ALLOCATE FUNDS FROM
USER DEPARTMENTS' BUDGET ACCOUNT CODES.
Vice Mayor Regalado: This morning, from the consent agenda, I asked an item to be removed,
and I was given an explanation of the need. So if you want to bring it back, it's no problem with
me.
Commissioner Plummer: I move item CA-2.
A. Quinn Jones, III, Esq. (City Attorney): You need a motion to reconsider first.
Commissioner Plummer: Motion to reconsider CA-2.
Mayor Carollo: There's a motion to reconsider CA-2.
Vice Mayor Regalado: Second.
Mayor Carollo: Seconded by Vice Mayor Regalado. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
81 May 7, 1997
Mayor Carollo: No "nays."
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-323
A MOTION TO RECONSIDER PRIOR DEFERRAL OF AGENDA ITEM CA-2
(PROPOSED BIDS OF TRI-STATE EMPLOYMENT SERVICES; BUDGET
QUALITY STAFFING; MANPOWER INTERNATIONAL, INC.; ADSTAFF
PERSONNEL; WESTERN STAFF SERVICES, INC.; DEANNA ENTERPRISES, INC.
DB/A AlA EMPLOYMENT OF MIAMI; AND K. MITCHELL AND ASSOCIATES,
FOR PROVISION OF TEMPORARY PERSONNEL SERVICES).
Upon being seconded by Vice Mayor Regalado, the motion was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Mayor Carollo: Now, Commissioner Plummer makes a motion for approval. Commissioner
Regalado seconds it.
Vice Mayor Regalado: Yes.
Mayor Carollo: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
82 May 7, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-324
A RESOLUTION ACCEPTING THE BIDS OF TRI-STATE EMPLOYMENT
SERVICES, BUDGET QUALITY STAFFING, MANPOWER INTERNATIONAL,
INC., ADSTAFF PERSONNEL, WESTERN STAFF SERVICES, INC, DEANNA
ENTERPRISES, INC., DB/A A1A EMPLOYMENT OF MIAMI, AND K. MITCHELL
& ASSOCIATES, FOR THE PROVISION OF TEMPORARY PERSONNEL
SERVICES TO VARIOUS DEPARTMENTS ON AN AS NEEDED, WHEN NEEDED
BASIS, FOR THE DEPARTMENT OF HUMAN RESOURCES, ON A CONTRACT
BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS CONDITIONED UPON CRITERIA AS
HEREIN SPECIFIED; ALLOCATING FUNDS THEREFOR FROM USER
DEPARTMENT'S BUDGET ACCOUNT CODES; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR THESE SERVICES, AND THEREAFTER TO EXTEND
THIS CONTRACT FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS AT THE
SAME PRICES, TERMS AND CONDITIONS, PURSUANT TO BID NO. 96-97-014,
SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
NOTE FOR THE RECORD: Commissioner Gort enters the
Commission Chamber at 4:16 p.m.
Commissioner Gort: Which item was that?
Mr. Jones: CA-2.
83 May 7, 1997
---------------- -----------------------------------------------------------------------------------------------
39. APPOINT VICE MAYOR REGALADO AS CHAIRPERSON OF COCONUT
GROVE STANDING FESTIVAL COMMITTEE -- REAPPOINT CITY
COMMISSIONERS SERVING AS MEMBERS OF BOARDS.
Mayor Carollo: We're on 34.
Commissioner Gort: What was C-2?
Commissioner Plummer: Have we done 31, 32 and... 33, we're holding. No.
Mayor Carollo: Item 34, are there any changes that anybody wants to make at this point in time?
We're on item 34, the different boards that members are in.
I
Commissioner Plummer: If no one has a problem, I'm happy where I am at.
Mayor Carollo: Well, the problem is, with some of these boards, some of us are so involved in
different negotiations or other matters that it would be disruptive if there would be some
changes.
Vice Mayor Regalado: I am not... I am not...
Mayor Carollo: For instance, you are not done with some of the...
Commissioner Plummer: I have two boards. I have International Trade...
Mayor Carollo: On Bayfront, on Bayfront...
Commissioner Plummer: ... and Bayfront.
Mayor Carollo: You're not done with some of the negotiations that you're finishing.
Commissioner Plummer: Oh, yeah, absolutely. I'm deep in that.
Mayor Carollo: Yeah. And that's very important for the City.
Vice Mayor Regalado: I have no boards. I am not a member of any board, so, you know, no
problem.
Mayor Carollo: Let's see. Would the Enterprise Zone Advisory Board... This is one that
Commissioner De Yurre was head of before. Enterprise Zone Advisory Board.
Commissioner Plummer: I can't answer that. Do we have a list of the boards that we're
involved in?
Mr. Walter Foeman (City Clerk): Yes, Commissioner. In the packet, we provided you with that.
Commissioner Plummer: I just... I must have the wrong book here.
Unidentified Speaker: I'm sorry, it's right here.
84 May 7, 1997
Commissioner Plummer: Oh, I'm... OK. I didn't know that's where it was. All right. Gort is
DDA (Downtown Development Authority).
Mayor Carollo: The Coconut Grove Standing Festival Committee, does a member of the
Commission have to be chairman of that board or not?
Commissioner Plummer: Well, it always has been, and I was in that capacity when it was
created, to eliminate overcrowding of the Grove with festivals. I don't know that you have to
have a chairman, but if a Commissioner is going to serve on the board, I think he should be
chairman.
Mayor Carollo: The Enterprise Zone Advisory Council, how active is that right now?
Mr. Foeman: I'm sorry, Mr. Mayor, I didn't hear you.
Mayor Carollo: The Enterprise Zone Advisory Council, how active is that?
Mr. Foeman: Well, we put a call in this morning to the County to verify that it was still active.
We haven't received a response yet.
NOTE FOR THE RECORD: Commissioner Hernandez enters the
Commission chamber at 4:19 p.m.
Commissioner Plummer: OK. What do you want to do?
Mayor Carollo: Let's see. Well, the Coconut Grove Standing Festival Committee, if Vice
Mayor Regalado can take that, so we can have a member of this Commission as chairman of that
board, also.
Commissioner Plummer: That will be fine.
Commissioner Gort: Also the Enterprise...
Mayor Carollo: With the exception of the Bayfront Park Management Trust, Commissioner
Plummer, are there any other boards that you might have that you need any help, and someone
else take it, or not?
Commissioner Plummer: I'm on the South Florida Employment Training. But that's not where
I'm chairman. It's merely that I am your designated liaison to that board.
Mayor Carollo: Right, right, OK.
Commissioner Plummer: I have no problem with it. Well, the Tax Exempt Property Steering
Committee is pretty dormant at this particular time.
Mayor Carollo: OK. Well, on the Enterprise Zone Advisory Council, we don't know if that's
still active or not, so let's hold off on that. But...
Commissioner Gort: That was becoming active, that is my understanding. We nominated quite
a few people from Little Havana and Allapattah, and different people.
85 May 7, 1997
Mr. Foeman: No. That was the Federal Enterprise Community Council.
Mayor Carollo: All right. Why don't we hold off on that one, just to be sure. Is there a motion,
then, to name Vice Mayor Regalado to the Coconut Grove Standing Festival Committee, and
have him be chairman of that?
Commissioner Plummer: So move. Second.
Mayor Carollo: There's a motion by Commissioner Plummer, second by Commissioner Gort.
All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-325
A MOTION APPOINTING VICE MAYOR TOMAS REGALADO AS
CHAIRPERSON OF THE COCONUT GROVE STANDING FESTIVAL
COMMITTEE.
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.
Mayor Carollo: Mr. Clerk, can we make a motion to approve all the other boards as is?
Mr. Foeman: Yes, Mr. Mayor.
Mayor Carollo: And take them all together? OK. Is there a motion to...
Commissioner Plummer: So move.
Mayor Carollo: ... approve all the other boards as is for the different members. Moved by
Commissioner Plummer.
Vice Mayor Regalado: Second.
Mayor Carollo: Second by Vice Mayor Regalado. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
86 May 7, 1997
The following resolution and motion were introduced by Commissioner Plummer, who moved
their adoption:
RESOLUTION NO. 97-326
A RESOLUTION APPOINTING CERTAIN MEMBERS OF THE MIAMI CITY
COMMISSION TO SERVE AS CHAIRPERSONS AND MEMBERS ON VARIOUS
CITY TRUSTS, AUTHORITIES AND AGENCIES FOR TERMS AS DESIGNATED
HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
The following motion was introduced by Commissioner, who moved its adoption:
MOTION NO. 97-326.1
A MOTION REAPPOINTING COMMISSIONER HUMBERTO HERNANDEZ AS
CHAIRPERSON OF THE SOUTHEAST OVERTOWN/PARK WEST DISTRICT AND
THE OMNI DISTRICT COMMUNITY REDEVELOPMENT AGENCY.
(Note: Since Florida Statute states the Community Redevelopment Agency (CRA)
Board shall appoint a chairperson, the formal reappointment will be prepared as a CRA
resolution.)
Upon being seconded by Vice Mayor Regalado, the resolution and motion were passed
and adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
40. PROCEED WITH FINANCING OF NORTHWESTERN ESTATES HOUSING
PROJECT AT AREA BOUNDED BY 67 ST / 69 ST / 7 AVE / 10 AVE -- WITH
CONDITIONS: DEVELOPER TO PAY RENTAL IN ARREARS & HIRE
LOCAL MINORITIES -- SEE LABEL 37.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: OK. We're now in... Well, 35 has been withdrawn; 36, withdrawn.
Commissioner Plummer: We skipped over 33.
Mayor Carollo: That's correct, until we had a full board.
Commissioner Plummer: We now have.
87 May 7, 1997
Mayor Carollo: We do have a full board now. Item 33. If the representative from Northwestern
Estates Housing could come up.
Commissioner Plummer: Are we waiting for something?
Unidentified Speaker: No, sir.
Bob Nachlinger (Assistant City Manager): Mr. Mayor and Commissioners, Bob Nachlinger,
Assistant City Manager. The Northwestern Estates Knight Manor Properties, the request from
the developer for the... to complete the project and to move forward with the financing. We have
met with the developer, and our prior problems were a disagreement over the budget on the
project, and the proper method of funding the project. We have worked out an agreement with
the developer, an agreement on the project budget. There are a couple of outstanding issues
which we have agreed to agree on. But the bottom line is, we are in agreement with the
developer to move forward with this project. The funding for the first phase of the project
totalling two million three hundred and seventy-five thousand dollars ($2,375,000) of the City
Home Program funds will be funded. Before the City makes any commitment of the phase two
on the project, the additional two million three hundred and seventy-five thousand dollars
($2,375,000), that funding will be contingent upon the... an actual written commitment letter for
the construction financing on this project. The City's concern in the past has been whether or
not, after investing these monies to do the site preparation and the actual purchase of the
property, whether or not there would be a construction on the property. Therefore, the phase two
of the project is totally contingent on the receipt of a written commitment from the bank for the
construction financing. And...
Commissioner Plummer: What's the location?
Mr. Nachlinger: This is at...
Commissioner Gort: Seventh Avenue and 55th Street.
Mr. Nachlinger: Right.
Commissioner Plummer: Seventh Avenue and 55th Street.
Mr. Oliver Gross: No, no, no. Sixty-seventh Street...
Mr. Elbert Waters (Director, Community Development): Sixty-seventh Street, on the south
side...
Mr. Gross:... to the south, 69th Street to the north.
Mr. Waters: ... on the north. Seventh Avenue on the east side, and loth Avenue on the west.
Commissioner Plummer: OK. What commitment do we have from the developer to hire local
people?
Mr. Gross: We have a very, very strong commitment to do that, Commissioner Plummer.
Commissioner Plummer: Forty percent?
Mr. Gross: We are going to hire as many... as close as we can get to 100 percent of local and
minority contractors on this particular project. We think that it would he a travesty to do
anything less.
88 May 7, 1997
Commissioner Plummer: Give me a number, a percentage of no less than.
Mr. Gross: When we were sitting down with our partner structuring this deal, we didn't want to
be boxed into a minimum...
Commissioner Plummer: No, nobody wants to be boxed in, but I want to box you in.
Mr. Gross: ... but I would imagine, Commissioner, that we're probably talking about a figure of
no less than 60 percent.
Commissioner Plummer: Sixty.
Mr. Gross: No less than.
Commissioner Plummer: When you monitor... Hello? Call me, Bob. Excuse me, sir. He has
committed to a 60 percent minority local hiring for this project, and I commend him for it.
Mr. Gross: Thank you.
Mr. Nachlinger: And we will monitor him.
Commissioner Plummer: You will monitor, yes.
Mr. Nachlinger: Yes, sir.
Commissioner Plummer: Absolutely. Is there anything... You said you had agreed with him on
many things, to agree. Now tell me the other side of the coin. Is there anything to disagree on?
Mr. Nachlinger: I believe that we're... The only issue that's currently in dispute right now were
some condemnation proceeds where the School Board condemned one of the acres of property
here, the proceeds of which, whether or not that needs to come back to the City as program
income, and be reprogrammed into the project, which is staff's recommendation, or it can just
stay with the project and doesn't have to come back to the City. And it depends on the
interpretation between our legal staff and their lawyers on the Federal regulations. That's the
major disagreement.
Commissioner Plummer: Mr. Hernandez, you want to move it? I'm ready to move it.
Commissioner Hernandez: This is... The last time they were here, the issue was why they had
not gotten their professional fees paid. At this point, are their professional fees getting paid?
What was the agreement?
Mr. Nachlinger: The professional fees to third parties are one month in arrears. We haven't
made the March payment to them. The major amount outstanding is the developer's fee, which
has not been paid to them for approximately eight months, and totals about a hundred and eighty
thousand dollars ($180,000) at this point, which is in arrears, and will be paid. That's the
amount left under the phase one portion of the contract.
Commissioner Hernandez: And it will be paid.
Mr. Nachlinger: Yes, sir.
Commissioner Hernandez: Then I'll second it.
89 May 7, 1997
Mayor Carollo: There's a motion and there's a second. Is there any further discussion from the
Commission? Staff? Hearing none, all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-327
A MOTION GRANTING REQUEST RECEIVED FROM DEVELOPER OF THE
KNIGHT MANOR PROJECT (NORTHWESTERN ESTATES HOUSING PROJECT),
LOCATED AT AREA BOUNDED BY 67TH STREET / 69TH STREET / 7TH
AVENUE AND LOTH AVENUE, FOR THE CITY TO PROCEED WITH THE
FINANCING IN ORDER TO COMPLETE SAID PROJECT, SUBJECT TO THE
DEVELOPER'S COMMITMENT TO PAY THE EIGHT MONTHS RENTAL
PRESENTLY IN ARREARS AND COMMITMENT TO HIRE A MINIMUM OF 60
PERCENT LOCAL MINORITIES FOR THIS PROJECT.
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.
------------------------ ---------------------------------------------------------------------------------------
41. AUTHORIZE CITY MANAGER TO GRANT SUBORDINATION REQUEST
FROM MARTIN LUTHER KING ECONOMIC DEVELOPMENT
CORPORATION (MLKEDC).
Commissioner Plummer: Are we going into appointments?
Mayor Carollo: We need to go into the Martin Luther King pocket item that the Administration
had brought to us before so that we can further discuss it. It was left... just before we broke for
lunch, Commissioner Hernandez needed to look it over.
Commissioner Hernandez: I requested to look over the actual subordination request. I'm ready
to move it unless you want to discuss it. Basically, it's a standard request. They're asking that
the City subordinate its position. They're in arrears thirty-three thousand dollars ($33,000).
When they... Once we subordinate the position, they will pay us fifteen thousand dollars
($15,000) of the thirty-three thousand in arrears, and the balance of the loan will be passed on to
the end of the loan to he paid off.
90 May 7, 1997
1
Commissioner Plummer: Second the motion.
Mayor Carollo: There's a motion, there's a second. Any further discussion from the
Commission? Any further statements from the Administration?
Commissioner Plummer: I think the only thing that you've got to be careful of is, as I recall,
you're going to have to get a direct order of payment on a check, because they've got to have it
tomorrow.
Mayor Carollo: Well, I don't see how we...
Mr. Aaron Weeks (Chief of Staff): Mr. Commissioner, the City in this transaction is in fourth
position. In order for them to secure the actual loan, they also have to get a subordination
agreement from the County, which, at this point, they haven't secured. But certainly, we will
work to expedite the process.
Commissioner Plummer: My understanding was that they're in hot water tomorrow. So that's
why... Then what you're saying is the ball is in their court.
Mr. Weeks: That's correct.
Commissioner Plummer: OK. That's fair.
Mr. Ray Fauntroy: And that the... It is Friday. I understand that the hearing will be Friday.
Commissioner Plummer: You thought today was Thursday.
Mr. Fauntroy: Well, yeah. Your regular Commission meeting.
Commissioner Plummer: Call the roll.
Mayor Carollo: Any further questions? Hearing none, all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There's no "nays."
Mr. Fauntroy: Thank you very much, gentlemen.
91 May 7, 1997
.1
The fallowing resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO.97-328
A RESOLUTION AUTHORIZING THE CITY MANAGER TO (1) EXECUTE A
SUBORDINATION AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THE APPROVED LENDER IN THE FINANCING OF A NEW
LOAN TO THE MATING LUTHER KING ECONOMIC DEVELOPMENT
CORPORATION, INC. ("MLK") FOR THE PURPOSE OF SATISFYING THE FIRST
MORTGAGE SECURED BY THE LINCOLN SQUARE OFFICE BUILDING, IN
WHICH THE CITY HOLDS A FOURTH MORTGAGE AND IS A DEFENDANT
ALONG WITH MLK, IN FORECLOSURE PROCEEDINGS BY THE FIRST
MORTGAGEE, TACOLCY ECONOMIC DEVELOPEMNT CORPORATION; (2)
ACCEPT A $15,000.00 PAYMENT FROM MLK ON THE CURRENT $33,000.00 IN
ARREARS ON THE CITY LOAN; (3) MODIFY THE EXISTING LOAN IN ORDER
FOR MLK TO DEFER PAYMENT OF THE BALANCE IN ARREARS OF $18,000.00
AT MATURITY OF THE LOAN IN FEBRUARY, 2010; AND (4) TO EXECUTE
SUCH DOCUMENT'S WITH MLK AS MAY BE REASONABLY REQUIRED, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EVIDENCE THE
MODIFICATION OF THE LOAN AND SECURE PAYMENT THEREOF.
(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 fallowing vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
92 May 7, 1997
42. (A) APPROVE SEPTEMBER 4, 1997 AS DATE FOR MUNICIPAL
SPECIAL ELECTION CONCERNING BALLOT QUESTION TO
ABOLISH CITY OR NOT -- SEE LABEL 34.
(B) CONDUCT MUNICIPAL SPECIAL ELECTION ON SEPTEMBER 4,
1997 -- PROVIDE PROPOSAL TO VOTERS TO DISSOLVE /
TRANSFER MUNICIPAL SERVICES NO LESS THAN 30 DAYS
PRIOR TO SPECIAL ELECTION OF SEPTEMBER 4, 1997 --
FURTHER DIRECT CITY MANAGER TO PROVIDE PROPOSAL TO
DISSOLVE / TRANSFER MUNICIPAL SERVICES TO
COMMISSION BY JULY -- FURTHER INSTRUCTING CITY
CLERK TO SELECT INDEPENDENT TRANSLATOR FOR
SEPTEMBER 4, 1997 BALLOT QUESTION.
Mayor Carollo: OK. Before we go into board appointments, let's go into the ballot question,
and the date that we want to choose for the abolition ballot question. Mr. City Attorney.
A. Quinn Jones, III, Esq. (City Attorney): Yes, Mr. Mayor.
Commissioner Plummer: What do you all want?
Mayor Carollo: This is your item. The Commission originally in principle had approved the
language that was presented to us the last time we discussed this item. We would have to
formally make a resolution to approve this now, and choose a date. Now, have you, with the
City Clerk, discussed with the County what dates could be used, again, for the election, which
would be the most advantageous dates?
Mr. Walter Foeman (City Clerk): Mr. Mayor, I have talked previously with David Leahy
concerning this issue. I have received a letter from the School Board concerning the date of
September 2nd. It was recommended that September 4th be the preferable date.
Mayor Carollo: September 4th.
Mr. Foeman: Yes.
Commissioner Plummer: I think both dates have pros and have cons. It's... I don't think that
we should let September the 2nd stand in our way, if you're only talking about three or four
thousand dollars out of a hundred and thirty. But that... you all... Whatever you think is best.
Vice Mayor Regalado: The problem with September 2nd is...
Commissioner Plummer: It's a holiday.
Vice Mayor Regalado: No, not only that. I am sure that we all know that in this kind of
campaign, there is going to be a lot of debate in the radio. And on Monday, most of the radio
stations will have special programming in terms because they're going to have music, probably
people will have the day off, and we will not be able to get invited or bring that case the day
before to the different programs. If...
Commissioner Plummer: So what are you saying? September 4th?
93 May 7, 1997
Vice Mayor Regalado: What I'm saying is that we do need some space to go on the air and
promote the City of Miami. And September 4th will be an acceptable date for me.
Mayor Carollo: That's a Thursday.
Vice Mayor Regalado: It's a Thursday.
Commissioner Plummer: Yeah, but you see, my biggest problem with that, just for the record -
and I really have no problem with either date - is the fact...
Commissioner Gort: Everybody is used to voting on Tuesday.
Commissioner Plummer: ... is the fact that people in this town are used to voting on a Tuesday.
That's the problem.
Mayor Carollo: That's true.
Commissioner Plummer: And when you throw it over...
Commissioner Hernandez: My election was on a Thursday, and a lot of people went out to vote.
Commissioner Plummer: You're right.
Vice Mayor Regalado: That's right.
Commissioner Plummer: You're right. OK.
Mr. Jones: Mr. Mayor and Commissioners, the other thing, too, Commissioner Gort had asked
me to look into the question of single member districts, insofar as from a cost prospective, being
able to have both of those issues on the same ballot, at the same election. And the way we
calculated, we could do both, as long as the single member district issue, the ballot language is
passed to you, at the very latest, July 6th.
Mr. Foeman: But July 6th is on a Sunday, so it would have to be prior to July 6th in order...
Mr. Jones: Prior to July 6th.
Commissioner Plummer: Mr. Mayor, let's try it on for size. I move that the date be set at
September the 4th.
Commissioner Hernandez: I second it.
Mayor Carollo: There's a motion for September the 4th. It's been seconded. Any further
questions? Hearing none, all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
94 May 7, 1997
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-329
A MOTION SETTING THE DATE OF SEPTEMBER 4, 1997 AS THE DATE TO
HOLD A SPECIAL ELECTION IN CONNECTION WITH SUBMITTING TO THE
QUALIFIED ELECTORS OF THE CITY OF MIAMI FOR THEIR APPROVAL OR
DISAPPROVAL, THE QUESTION OF WHETHER THE CITY SHALL RETAIN ITS
EXISTENCE AS A MUNICIPALITY AND NOT BE ABOLISHED, EFFECTIVE
SEPTEMBER 30, 1998.
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: Now that we've set the date, we have to formally adopt the language.
Mr. Jones: Yes.
Commissioner Plummer: I'll move that that which we adopted in principle previously be
adopted in final form today.
Commissioner Gort: Second.
Commissioner Plummer: Even though the City Attorney didn't do what I asked.
Mr. Jones: Yes, I did. Yes, I did. There must be some miscommunication in your office. Here
it is right here.
Commissioner Plummer: I made my motion. I think it should be clear, especially for the media,
that passing this is, in fact, one more step. The most important step yet to be developed is the
step of the program which must be formulated by first the Manager, and then the City
Commission, no less than 30 days prior to September the 4th, so the people know that if the City
is abolished, what the program will be, and what will happen if they vote to abolish the City. Of
course, if they vote not to abolish the City, it's null and void. But it's just this action that we're
taking here today is just one more step, just one more step. So I think that's important to note,
that this isn't said, done, over, and signed, sealed and delivered.
Mayor Carollo: Any further statements from the Commission? Hearing none, all in favor,
signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
95 May 7, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-330
A RESOLUTION, WITH ATTACHMENTS, CALLING AND PROVIDING FOR A
SPECIAL MUNICIPAL ELECTION TO BE HELD ON THURSDAY, SEPTEMBER 4,
1997, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF
THE CITY OF MIAMI, FLORIDA, FOR THEIR APPROVAL OR DISAPPROVAL,
THE QUESTION OF WHETHER THE CITY OF MIAMI SHALL RETAIN ITS
EXISTENCE AS A MUNICIPALITY AND NOT BE ABOLISHED, EFFECTIVE
SEPTEMBER 30, 1998, IN ACCORDANCE WITH RESOLUTION NO. 97-330
WHICH REQUIRES A PROPOSAL FOR THE TRANSFER OF MUNICIPAL
FUNCTIONS, SERVICES, RESPONSIBILITIES AND LIABILITIES IN THE EVENT
OF A FAVORABLE VOTE ON DISSOLUTION BY THE ELECTORATE;
PROVIDING FOR PUBLIC REVIEW OF SAID PROPOSAL NOT LESS THAN
THIRTY (30) DAYS PRIOR TO SUCH SPECIAL MUNICIPAL ELECTION;
DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL
REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE
OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER, DIRECTING
THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN
RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF
METROPOLITAN DADE COUNTY, FLORIDA, NOT LESS THAN FORTY-FIVE
(45) DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION.
(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.
Mayor Carollo: Do we have to discuss or bring up any additional item to a vote on this
particular issue?
Mr. Jones: No, Mr. Mayor.
Mayor Carollo: I didn't think so.
Mr. Jones: That's sufficient at this point.
Commissioner Plummer: I would ask, Mr. Mayor, that the Manager give to us, at least in July,
the program, so that... We will not be meeting during the month of August, I hope. That, in fact,
we would have and be able to study that prior to going on vacation. So I think that's very
important.
96 May 7, 1997
Vice Mayor Regalado: There is also the question of the translation that we requested to have to
be revised. What wasn't clear is whether we should hire a translator or do it in-house.
Mr. Jones: I think you made it clear that you wanted us to have our own independent...
Commissioner Plummer: Absolutely. That was already decided.
Mr. Jones: You didn't want to rely on the translation.
Vice Mayor Regalado: That's what I said. But...
Mr. Jones: Yeah. And you instructed the Clerk to hire...
Commissioner Plummer: A totally independent.
Mr. Jones: ... an independent to try to...
Vice Mayor Regalado: All right.
Mr. Jones: independent translator.
Commissioner Plummer: Yeah.
----------------------------------------------------------------------------------------------------------------
43. (A) AUTHORIZE CITY ATTORNEY & CITY MANAGER TO RETURN
TO MAY 22, 1997 COMMISSION MEETING WITH PROPOSAL
FOR CITY MARITIME BOARD.
(B) INSTRUCT CITY ATTORNEY & CITY MANAGER TO STUDY
METROPOLITAN DADE COUNTY'S PROPOSAL TO BUY CITY
MARITIME PARK PROPERTY -- RETURN TO COMMISSION
WITHIN 90 DAYS.
(C) COMMISSIONER GORT QUESTIONS WHEN COMMISSION WILL
CONSIDER MERRYLL STEVENS MATTER.
----------------------------------------------------------------------------------------------------------------
Commissioner,Plummer: Next item.
Mayor Carollo: All right. Four appointments, and we have the discussion for the FEC (Florida
East Coast) Bicentennial properties that we have by the water. Do you all want to deal with that
now, or do you want to go into the board appointments?
Commissioner Plummer: Let's do it.
Mayor Carollo: All right. Have you all received the letter today that the County has sent?
Commissioner Plummer: I got mine this morning, yes, sir.
Mayor Carollo: OK.
Commissioner Gort: I got it this morning.
97 May 7, 1997
Mayor Carollo: Mr. Manager, were you sent one?
Commissioner Gort: I haven't been able to read it.
Mr. Edward Marquez (City Manager): Yes, sir, by you, last night.
Mayor Carollo: But I'm saying that the County did not send you one.
Mr. Marquez: Not that I'm aware of.
Commissioner Plummer: Well, Mr. Mayor, let me make it... For the record, I received mine this
morning. I have not had the opportunity during this Commission meeting to read it, analyze it,
and understand it. And I'm not ready... Really, I would prefer not to vote now, today.
Mayor Carollo: Well, based upon what you have read, you know, and I'm somewhat surprised
that the Manager was not sent a letter directly, but maybe it's an oversight.
Commissioner Plummer: You want my opinions? Is that what you're asking for?
Mayor Carollo: Well, I always want your opinion.
Commissioner Gort: You're going to get it, anyway.
Commissioner Plummer: Well, you're going to get it anyhow, so I might as well go ahead and
give it to you. I am simply amazed that this Commission has made it so crystal clear, unanimous
vote, the minimum, minimum criteria that would be acceptable to the City Commission. Again,
very simply, that we would not accept any offer that did not equate to a hundred and twenty-one
million dollars ($121,000,000), that amount which is set by their County appraiser. Number
two, that, in fact, there would be a Maritime Board who would have the opportunity to say what
our front door is going to look like to City Commissioners, to County Commissioners, who
would elect a fifth member of neither the City nor County Commission. The areas that I'm
concerned in, number one, they did not meet the financial obligation that we had set as a
minimum. Number two, they had... I don't want to say "the audacity." They had the ability to
demand that this City put fifteen million dollars ($15,000,000) in escrow if, in fact, there is any
contamination on the land. They, yesterday, without any discussion, whatsoever, by a rapid
motion, demolished a Maritime Board. It is nonexistent. The final thing that I think that has to
be taken into consideration, and this is something the more I think about, I think we better very
well - very well - understand that this City is going to demand indemnification from the County,
if, in fact, this City is sued in trying to stop the new Arena from becoming a reality. I can only
tell you that my CEO at Bayfront Park, day before yesterday, went through a very long
deposition on behalf of the Huizenga Holdings, in reference to an injunction of stopping the
Arena. I don't know the outcome of that deposition. I have not had the opportunity to talk with
him. But I think you could be talking millions of dollars in litigation. And I think that this City
should not have to stand to be a defendant at our expense, to go forward with their project. The
final thing that I have a problem with is they are stating in here for the record, conveniently, that
all of the zoning, all of the DRI (Development of Regional Impact), all... any governmental
regulations will be done by the City of Miami, primarily at our expense. And if the DRI needs
amending, it is, and I'm quoting from their letter, "The City at its sole expense shall promptly
and diligently fulfill all such imposed mitigating requirements. The thing that I guess that I felt
the worst about is that they had, after two years of negotiation, the audacity to give us a Friday,
five o'clock deadline, take it or leave it. We have tried, and tried, and tried to negotiate with
these people, and to no avail. As far as I'm concerned, my bottom line, minimum criteria has not
changed. It's not going to change. As I have said before, I think they're trying to paint this City
Commission into bad light. I think they're trying to say that there's a fire sale going on, and that
98 May 7, 1997
they're going to buy it before the tire. Well, as tar as I'm concerned, Plummer's vote is still the
same, one hundred and twenty-one million dollars ($121,000,000) of today's dollars. Don't tell
me 45 years dollars down the line, because they could be nothing. They could be nothing. And
if you read this thing, and I had to read it twice to understand, where they're going to give us, on
the downstroke, twenty-nine million dollars ($29,000,000) on signing, four million of that is the
first year's rent. Listen to this. Guess what the other twenty-five are. It's not a gift. It's the last
three years' rent or lease. Year 43, 44 and 45 are paid from the twenty-five million dollars
($25,000,000) that they're going to pay us up front. Mr. Mayor, I'm only one vote on this
Commission. This Commission has stood fast and strong in our convictions in reference to that,
and this vote has no intention of changing.
Mayor Carollo: For the record, what Commissioner Plummer was referring to when he said a
hundred and twenty-one million, he was referring to the present day value. But what you do in a
lease such as this is, you calculate what they pay you now, what they pay you throughout the
lease, and bring those dollars to what the present day value of those dollars would be today.
Anyone else from the Commission who would like to make a statement?
Vice Mayor Regalado: I think, Mr. Mayor, that by now that the people of Miami know that the
will of this Commission is that we are interested in doing a deal, signing a contract, but it has to
be in our terms. And I have been approached, as you have, and all the members of this
Commission, by many citizens of Miami, by many residents of this City, that will tell me, and
I'm sure they have told you, do not sell this land. I believe that if we were to pose a question in
the referendum to the people of Miami, more than the majority would say do not sell the land.
So this is a very clear message that the other parties should get that the will is to lease and to
keep the land for Miami. And that would be my vote.
Commissioner Hernandez: Mr. Mayor, one is a concern, and the other one is an opinion.
Number one, my opinion is that at least now, we're moving more in the direction that the City of
Miami will of this Commission has wanted since the beginning, which is to look about the
negotiation of this land in a lease manner, and not in an outright purchase. We're just some
millions of dollars away from negotiating this thing. The deadline is not an issue to me. They
have put deadlines before in the past, and they have obviously broken those deadlines and
offered another counteroffer. My concern with this, and I'm not budging from the hundred and
twenty-one million dollars ($121,000,000), I think that's what we've asked for from day one,
and that's what we continue to ask for. That's what the land is worth... is sending a message
back, number one, on placing some kind of cap on the environmental contamination issue. We
can't leave this open-ended. My conversations with them, they said they wanted to escrow the
fifteen million dollars ($15,000,000) on the part of the City, and fifteen million dollars
($15,000,000) on the part of the County. But then, at the same time, they mentioned that this
could cost as much as forty-five million dollars ($45,000,000). So we don't know how much it's
going to cost. We don't know how serious this environmental contamination is. And without a
doubt, my biggest concern is what project they're going to bring about. When we're talking
about expanding the port, why should we be involved, and why should we be responsible for
dredging or doing whatever they have to do to bring about a port in that part of the land? We're
concerned with what we own, and we're responsible for what... the piece of land we own, not
what they're planning to do over and beyond what we're selling them. And that's my biggest
concern here. I think any time you're selling or leasing a piece of property, environmental
contamination comes into play, and we need to put a cap. It's fine to say that we're going to pay
this 50150, but, well, I tried that. I tried to mention...
Commissioner Plummer: Can I interject something, Humberto?
Commissioner Hernandez: Go ahead.
99 May 7, 1997
Commissioner Plummer: OK. And let the old man give you a little bit of history. This
Commission took a stand after Merrill Stevens that we would never, ever again allow ourselves
to get into a problem with environmental problems, that this Commission, from that day forward,
would sell as is. As is. Because, let me tell you, that's why Merrill Stevens, today, four, five,
six years later, is still basically vacant, because of a gasoline tank that was in the ground. We got
another piece of property up next to the Camilus house, same problem. We had another piece of
property on 2nd Avenue and 8th Street where a filling station used to be. This Commission
finally came to a point and said, we cannot lay ourselves wide open. We did it at Jackson
Hospital, when we sold Jackson Hospital the motor pool. And let me tell you something, it
almost broke us. So I think this Commission at that time said, when we sell anything in the
future, it's got to be sold as is. It can be negotiated in price, but when you're talking about an
unknown factor, it could be devastating and all.
Commissioner Hernandez: Well, that's been my concern. And one of... Mr. Mayor, if I may.
One of my conversations that I had when I sat down with them last week was whether they
would budge on this 50150 cost, would they be willing to accept 75 percent of the cost, would
they be willing to accept 100 percent of the cleanup cost. They said, absolutely not, that it was
the position of the City of Miami, which was relayed, I guess, by you or part of your negotiation,
that we would take a 50150 split on the payment of the cleanup. I don't know if this land is as
contaminated as they are saying.
Mayor Carollo: Let me say this to you, Commissioner. Number one, the County knows well,
just like all of us know and understand that I am one vote in this Commission. And even if I
were to approve with my vote and bless any kind of offer, I can only do it with my vote. There
are four other votes up here that have to decide. They've always known that. Now, back... And
this has been going on for even much longer before I even came back to the Commission. In
fact, there are minutes of discussions that were going on in this at least - what? - hack to 1992,
1993, when it was first discussed.
Commissioner Plummer: Well, but they... Mr. Mayor, they were different discussions. That
was by Commissioner Alonso, who is on the other side of the fence today, who was talking
about the City going into the port business, when she tried to put a tax on every port passenger,
and they wouldn't do it. So she said, OK, let's go into the port business ourselves. That was the
basis of, really, the start of the expansion of the port. But at that particular time, it was not that
the County was going to take over the expansion. It was the idea that the City goes into the
business. It's like about two and a half to three years ago, I think, is when they really started
talking of the port, taking over the expansion.
Mayor Carollo: OK. Now, back when we were talking to do the cleanup 50150, the County
would do the first two million dollars ($2,000,000), and then we would do the next two million
dollars ($2,000,000). And as I remember those were the lease provisions. But there were never
any of these great concerns that we're told today. Back then, no one was saying that there could
be thirty, forty, fifty million dollars ($50,000,000) of contamination there. That only happened
recently when the County wanted to buy it in a fire sale. Frankly, I've had discussions and Jack
Luft can attest to that and come up here and explain it to you, with Jack, with all the information
that we have, and there's no reason in the world, based upon all the information that we know of,
and history, and what was there, and what's been done across the street, that we should have to
spend anywhere near that amount. The only area of concern that we have, and you brought it up
now, partially, that is, if they start digging new slips because they want to change the whole
landscape there, then there might be some higher costs, not as high as they're claiming, thirty
million or so, I don't think. But it could go up higher, maybe twenty million. But then, really,
what we'd be doing would be that we'd be paying them to move that slip. But again, that's one
of the areas that needs to be negotiated by this Commission and the County, and limits placed.
And at the same time, whatever finally is done, this City would need to have its own person out
100 May 7, 1997
there to make sure that we're going to be charged for what really is out there, that we're not
going to end up paying for the County's removal of dirt to dig out a new port slip.
Commissioner Plummer: Can I ask a question?
Mayor Carollo: Yes.
Commissioner Plummer: Mr. City Attorney, you recall with the Merrill Stevens, I know it didn't
work out the way we wanted it to, but it was either you or your predecessor who made... the fact
that under the State statutes relating to hazardous materials in the ground, that you had the right
to go back to the person who actually created the problem. Now, I don't think there's any reason
why that we don't understand that this property was owned by FEC (Florida East Coast).
A. Quinn Jones, III, Esq. (City Attorney): Yeah...
Commissioner Plummer: Is there a possibility that that can be explored, that if, in fact, this
contamination was created by them, that, in fact, us, the County, or whoever could go after FEC
for the possibility of them having to pay for the cleanup?
Mr. Jones: Yeah, that's correct. Under the Federal regulatory scheme, they... any of... I think
what they call them, potentially responsible parties. And certainly, we, as a City, as the owner,
or any other owners who may have contributed, or any other users that bear possible liability.
So, you know, they would all share in the cost of cleanup. That's essentially the way it works.
Mayor Carollo: But would there be any statute of limitations on that?
Mr. Jones: I don't think so.
Commissioner Plummer: I don't think so.
Mr. Jones: I'll double check, but, you know, I know from the limited standpoint that the City
has been involved in some cases, we've gone back god knows how many years when we were
dumping oil from the fire station...
Commissioner Plummer: We never did that.
Mr. Jones: Well, we didn't do it, but we contracted with people who removed it, and dumped it.
And we were notified by the government some years ago that as part of the super fund cleanup,
that we would be expected, along with probably another hundred users, to be responsible for that
cleanup.
Mayor Carollo: Well, I think it's important, Mr. City Attorney, that you research that. I think it
would be appropriate for you to discuss that with your counterpart at the County, as it would be
to both of our interests to have the best legal advice on that. And at the same time, you should
also research, that the fact that even though this was done through eminent domain quick take,
you should research whatever happened to make sure that there was no final contract that could
have been entered into at the end that would prohibit us from asking for that now.
Commissioner Plummer: Well, Mr. Mayor, let me give you another little bit of history. We
took that at the time on fast track.
Mayor Carollo: Yeah, eminent domain quick take.
Commissioner Plummer: Fast track, yeah, OK. Now, the reason we lost out at Merrill Stevens
is because the offender was determined at that time... would you believe, Pan American
101 May 7, 1997
Airways, who had gone out of business? And they ceased to exist. I doubt now that you could
go back under the new structure of Pan American and come back and try to get them today. I
doubt seriously that you could. But we were pursuing, and we felt that that was a legitimate
persual. And the only reason is, is that when we found out the real true nature of what happened,
Pan American was out of business, and defunct.
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Yes, Commissioner.
Commissioner Gort: Mr. Mayor, I think the two and half years that we've been negotiating, I
think the County understands that we do want to do work with them. I think the price is going
anywhere from a hundred and thirty to ninety. And my understanding is at one time, they were
willing to pay one twenty-three. So I imagine that price is not the biggest issue. I think the
Maritime Park Board is very important. If this is going to be a joint venture, then we participate
in the decision. But at the same time, this is a suggestion, Mr. Mayor, and since we are both
open to the public in the sunshine, then maybe we can have an open meeting where we can sit
facing each other, all of us, and discuss this item. I don't know if... maybe that will work.
Because I think we've been going around, back and forth, and this...
Mayor Carollo: Well, but I... You're right, Commissioner, it's been frustrating. But I think by
the fact of the offer for a lease and the type of offer that we have, I think it's a positive sign that
we've come a long way from what they were originally offering. I think we still have to look at
other parameters here, but I think we're getting pretty close to...
Commissioner Gort: Well, the second thing is, can we send a letter through you or the Manager
with a counteroffer?
Mayor Carollo: Well, this is why I wanted for the Commission to...
Commissioner Plummer: We've already made it... We've made it no less than.
Mayor Carollo: Yeah. Well...
Commissioner Hernandez: Yeah, but there are other issues.
Commissioner Gort: Well, this... That has not been...
Mayor Carollo: There are other issues.
Commissioner Hernandez: That's the problem.
Mayor Carollo: It's more than a financial issue. There are some other issues, too.
Commissioner Plummer: Yeah. You can include the other issues.
Mayor Carollo: Basically, what I'd like to do is hear from the Manager. You read the letter last
night. What, Mr. Manager, is your recommendation? And maybe you can address whatever
parts of the letter that you think should be addressed.
Mr. Edward Marquez (City Manager): My ultimate recommendation is that we need more time
for evaluation. Let me just compare the gist of this letter with some of the aspects of the old
lease, so that you have some sort of comparison. The old lease was a maximum of 90 years.
We've been focusing in on a 45-year basis. Now, if you just take the first 45 years of both
102 May 7, 1997
leases, the old and new, the old one would have spun off four hundred and sixty-four million
dollars ($464,000,000) to the City, per the County's estimates... per the numbers that the County
supplied to us.
Mayor Carollo: Yeah, that's in the first 45 years.
Mr. Marquez: Yeah, first 45 years.
Mayor Carollo: On the 45 years, that's what they would have given, four hundred and sixty-
four.
Mr. Marquez: Versus...
Commissioner Plummer: Four hundred and sixty-four million.
Mr. Marquez: Versus two hundred and seventy-five. Now, there's differences in timing and in
how secure these monies are. But we were relying on the County's representations to us, and
based on their projections of revenues.
Mayor Carollo: Yeah. That amount that you're saying included the 20 percent net estimate that
they gave us, that they hired a consulting firm to give those estimates and then we relied on
them.
Mr. Marquez: That's the Unison Consulting Group, yes, which is a nationally recognized firm.
Mayor Carollo: Yeah. Now, if I remember correctly, beyond that, there was also two million
dollars ($2,000,000) that they were supposed to put...
Mr. Marquez: I'm getting to that, because I...
Mayor Carollo: OK.
Commissioner Plummer: No, no. Six. Six million.
Mr. Marquez: Yeah. What... If you take those two revenue streams, four sixty-four versus the
two seventy-five and you bring it into today's dollars, you're looking at basically something like
around one-o-five versus ninety-seven, between the old and new leases. But then to the old
lease, you've got to add six million dollars ($6,000,000) more of... which was two million for a
fire station, and about four million dollars ($4,000,000) pick up of general obligation bonds.
Mayor Carollo: Is it four million, or is it closer to five million?
Mr. Marquez: At that point in time, it was closer to five million.
Mayor Carollo: Yeah, four million eight hundred and... probably high eight hundred thousand, I
think.
Mr. Marquez: At that point in time. But time has elapsed and we've paid down some of that
GOB (general obligation bonds), and I'm comparing it as of today. So you're basically looking
at about a fifteen million dollar ($15,000,000) difference that the old lease was better than the
new lease that they're offering.
Mayor Carollo: On present day value.
103 May 7, 1997
Mr. Marquez: Present day dollars.
Commissioner Plummer: Oh, absolutely.
Commissioner Gort: Let me ask you another question. Also, my understanding is... I don't have
the document, but you can refresh my mind. My understanding was that they were going to have
the use of the waterfront, and I don't know how many feet, for them to run the ships. The rest of
the land, that was to be run in a joint venture between the County and ourselves.
Mr. Marquez: Yeah, the...
Commissioner Gort: And we were to share the revenues from those projects.
Mr. Marquez: Under the old transaction. Under this new transaction... Well, first of all, under
the old transaction, you had a Maritime Board; who was working with the County to... a concept
of how things were going to be developed. Under the old lease, you also had parameters and
general terms. But the County was limited to how much retail it could put there. It could not...
It was geared for specialty attractions, items that would complement Bayside. Under this current
wording here, I think the wording is wide open, that they can put stuff that would hurt Bayside.
That's my gut feeling, and this is stuff that... items that I need to research with the City Attorney
and make...
Commissioner Plummer: But you're also looking at... the concept that you're speaking of was a
Maritime Museum, retail and other things. It did not include an arena. That was a big biggy.
Because remember, one of my major problems was that the port was going to pay for a twelve
million dollar ($12,000,000) pedestrian bridge over to Bayside. I said the City didn't benefit
from that. It was going to be Bayside and the port, and let them pay for the bridge, not from the
City's proceeds. I would like for you to speak very strongly to indemnification, and your
concern, and the City Attorney, because I think it is something that's, without question, there's
going to be some problems. So I ask that they speak to that. And is it unreasonable that we ask
and demand that they indemnify us? I ask both of you.
Mr. Marquez: I can't give you... Indemnification sounds like a good thing to have. I don't have
a feel for how much the litigation costs could amount to, so I can't tell you from a business point
of view should we be asking for it or not. It ultimately depends on how much return we're
getting from this lease.
Mr. Jones: Yeah. Well, realistically, I mean, we can request anything we want. From a realistic
standpoint, I wouldn't see them acceding to that request. I think that the best case scenario, if we
get involved in litigation or whatever, certainly, we'll bring them in and seek a contribution and
indemnification at that point in time.
Commissioner Plummer: Not after you sign a contract.
Mr. Jones: Well...
Commissioner Plummer: Mr. Mayor, the one thing I do know, he has brought in some very,
very high priced lawyers from New York.
Mayor Carollo: Who has?
Commissioner Plummer: Mr. Huizenga.
Mayor Carollo: Well, we still have sufficient funds in the Sports Authority to...
104 May 7, 1997
Commissioner Plummer: OK. I'm just...
Mayor Carollo: ... from our side.
Commissioner Plummer: I'm just saying that I don't think we should have to defend that which
the County is proposing to do. That's my point.
Mayor Carollo: Commissioner, I think you're right, and that's an area that should be discussed
with the County. At the same time, we should be clear in stating where we're coming from, and
that is that in doing what's best for the City of Miami, we're not going to let anyone intimidate
us with attorneys, with lawsuits, because this City is strong enough to be able to go toe to toe,
and win at the end, with the gentleman that you mentioned, and his corporations, or anyone else.
On the Sports Authority side, which is the other hat that I wear, we've been the ones that have
been carrying the financial burden for everybody in the courts, the Federal courts, the State
courts, and so one. We have tried to resolve all the issues at hand in the best way. The other
side feels that we do not have the will to spend the dollars to take them on. Therefore, they do
not want to settle the lawsuits. So we are in our position that if we have to go all the way in
those suits, we have ample dollars that we could defend them with. You know, we have a whole
different team that's handling this. We have the "A" team now, not the team that was there
before.
Commissioner Plummer: Well, Mr. Mayor, again, my point is simple. It's nothing that we're
doing there.
Mayor Carollo: Absolutely not.
Commissioner Plummer: OK? It's what they're doing, the County is doing there...
Mayor Carollo: You're absolutely correct.
Commissioner Plummer: ... that is the basis of the suit.
Mayor Carollo: You're absolutely correct.
Commissioner Plummer: And why should we have to spend our dollars, good hard earned
dollars, to defend an action of the County?
Mayor Carollo: Well, that's the point at hand, Commissioner, and you're correct. I just wanted
to make it clear that in doing what's best for us, we're not going to be intimidated by anyone
with the threat of lawsuits. But, however, since those threats are out there and have been made,
you know, that's something that the County needs to understand. Mr. Manager...
Commissioner Plummer: I'm ready to make a motion, Mr. Mayor, if everybody else is finished.
Mayor Carollo: Before you do, J.L., we need to discuss a little further. What areas do you want
to address on this, if anything?
Mr. Marquez: Well on the... No, there's... I was computing... I was contrasting old versus new
in the lease area here. The environmental... well, the DRI, you've mentioned. Under the old
transaction, it was supposed to be a 50150 split of a DRI study, and the lease was silent as to who
picks up the DRI mitigation, which was assume to be the County's. And on this one, all of the
mitigation for this solely would be at the City, which is a completely different ball game. So all
in all, yeah, there's enough questions on this that I think your management and your attorneys
105 May 7, 1997
need to do some homework, and get back to you individually, and hopefully, within a couple,
two to three weeks, put together a counteroffer.
Mayor Carollo: I know that we have quite a few of our union presidents that are here. And I
think they're opinion is as equally as important, because the employees of the City of Miami
have sacrificed a lot, and this is just as important to them as it is to all the residents of the City,
and this Commission. Tom, would you like to begin?
Mr. Tom Gabriel: Tom Gabriel, Miami Association of Firefighters. I think it's never been more
evident that the employees of the City of Miami do have a concern of the finances of the City.
Obviously, some of the things that have happened in the past have led us to what is hopefully
going to end on Monday, is that five-year plan. And as a representative of the employees, I'd
like to thank you guys for holding tough on this particular piece of property. I think it would
have been very easy for you to jump and sign something when we were scratching for dollars
there. And I think it's now reached a point where, you know, we hope that as employees that
you take your time with this deal, and that we, "we" dictate, the City of Miami dictate the terms,
and not let the County do it. I believe that in the past, you know, the County has gotten the
better deal on us, time and time again, on some of the projects, and we don't want that to happen
again here. And I think this Commission is capable of saying no to the County, we're not going
to just sign on the dotted line. In addition, you know, I am no, in any means, a Jack Luft. But
obviously, if we put a port and an arena in there, you're getting two types of people. One that
come in to go to a game and disappear, similar to what they do now, and secondly, people that
go there, jump on a boat, and leave. There may be other alternatives to that, that I know have
been discussed outside. I'll leave that to the experts. But I do know that the pension boards
have expressed some interest, along with their money managers, about that piece of property.
And I think it's time that the exclusive County deal may come to an end. And I mean,
obviously, that's up to you. But there are other options out there, and we hope that you do
explore them before you sign on the dotted line. And again, we appreciate you hanging tough.
Mayor Carollo: Thank you, Tom. Tony.
Mr. Tony Rodriguez: Tony Rodriguez, President, Miami FOP (Fraternal Order of Police). I
want to speak on some of the things that Tom said. And I must say, Mr. Mayor, Commissioners,
Mr. Manager, I'm pleased at some of the things that I've heard today from all of you. I'm
encouraged. And I want you to know for the record, the FOP and the men and women of the
Miami Police Department that we represent are 100 percent behind you on this, and I want you
all to know that. I'm truly encouraged by your strength of leadership that you're showing, and I
think it should send a clear message. Make no mistake about it, gentlemen, should you continue
to stand tall, and I truly believe that you will, attempts will be made to make you look as the bad
guys. It will happen. But as your employers... as your employees... and I, myself am committed
to go out there and help to spread the message and to set the record straight. I think it's our duty,
because we do have a lot at stake here. Tom mentioned some things that are very important that
you need to consider... this thing with the pension boards and the finances. But I just want to say
something else that's important. And let me just say I think... I agree with what Commissioner
Gort and I think Commissioner Hernandez said. I think we're probably pretty close. There's
some very important aspects that the Manager and the City Attorney will look at that are critical.
But let me just say this. Another concern that I have for... And that's a very viable and critical
piece of tract, of stretch in the City of Miami. A concern that I have is that the providing of the
emergency services in that area, fire and police, should he done by us, by the City of Miami Fire
and Police, not just the off -duty jobs at the Arena, which I think the Fire Department should also
work, along with our police officers. I mean, I think our citizens deserve that. They deserve the
finest quality and the finest services that they have been getting, but in addition, too, the port
expansion aspect of it, not by a security company or by any other police department. Your
Police Department and your Fire Department should work that. We should offer the service, the
106 May 7, 1997
emergency services to the citizenry and the people that go there. They deserve it, and I think
they would demand it. And I would hope that, in addition to some of the points that all of you
have covered quite thoroughly today, that you would consider that. I would ask that, that you
consider that, because I think it's very important. That's all I have to say.
Mayor Carollo: Thank you, Tony. Charlie.
Charlie Cox (President, AFSCME Local 1907): 1 guess I'm going to make it short and sweet,
and I'm probably the oldest one here, like J.L. But I can remember when I had to go over on the
pier before I was union president. Not near as old as you, though, J.L. We used to have to go
over there, and we had fire boxes at the time. And as electricians, we had to maintain all of
those. And yet, we never saw any money from the City or anything else. And I guess the
Manager keeps making his statement about we're going to learn from our mistakes in the past.
Well, let's hope, once and for all that we all learn from our mistakes from the past, and we go
forward, and that there is a City here, and it will be here long after I'm gone and long after all of
you are gone, and hope that the employees don't have to go through the bull that they've been
through for the last... so many years, and we have a viable City with money in the bank, and we
don't keep giving our assets away. Thank you.
Mayor Carollo: Thank you, Charlie.
Commissioner Plummer: Mr. Mayor, I'd just like to add one other thing.
Mayor Carollo: Sure.
Commissioner Plummer: One of the reasons that I was so strong on there being a Maritime
Board, of not only having a say as to what is to our front door, but I have a major concern that I
don't know that anybody has addressed. And that is what Tony kind of hit on about providing
emergency services. Mr. Mayor, on Friday afternoon, Saturday and Sundays, that traffic down
there is an absolute nightmare, with the 18-wheeler trucks and all of the things that are going
back and forth to the port. Today, it's impossible. Now, you go and you add anywhere from two
to four more terminals, each boat carrying 3,000 people, you're talking about another 12,000
people, more people and trucks being provisions and things of that nature. And I think that we
need to know, because it's our streets, the City of Miami streets that are going to be overloaded.
And that's one of the reasons I feel so strongly that we must have input as a Maritime Board, or
call it by another name, as to what is happening. I know they've talked about tunnels over to
Watson Island, you know, billions and billions of dollars. I doubt it will ever happen. But I
think that parking... traffic has got to be known to us, because they're not going to worry about
it. They don't worry about it today. When that traffic comes across that causeway, they don't
worry about it today, and it's horrendous on the weekends.
Mayor Carollo: Is there anyone else from the Commission who would like to make a statement?
Vice Mayor Regalado: Just that... on a similar note about the emergency services. The
Commission, on Fire and Rescue of Dade County is going to try again a motion that I believe
that, Mr. Mayor, you again spoke to the chairman of that commission.
Mayor Carollo: I did, this Monday.
Vice Mayor Regalado: And although the first time, it was voted down, because the County
Manager recommended against, and the chairman of that board, the County Fire/Rescue Board,
is going to bring up the issue again. So the City of Miami will service the Port of Miami, and
whatever is built in terms of port expansion, instead of the Metro Fire Department. He's going
to try again. And I believe that the people of Miami should call our Commissioners in the
107 May 7, 1997
County - there are several that represent the City of Miami - and they, in turn, impress on the
County Manager to reexamine his adamant opposition to that issue. After all, the plan that was
presented by Roberto Godoy, the chairman, saved the County a lot of money. And that will be
part of what is being said here about the City of Miami servicing the City of Miami with its fire,
rescue and police emergency services.
Mayor Carollo: Well, that's another point for another time. But the County is spending about
two million two hundred and fifty thousand dollars ($2,250,000) for fire service in the Port of
Miami and in the unincorporated area of Key Biscayne, meaning the beaches. The City of
Miami could do it for about a million two hundred and fifty thousand dollars ($1,250,000), and
they could save a million a year. So if they're looking for ways to save on their budget, boy,
that's one that, you know, they have right there. But that's not our decision to make. Let me try
to go back on some of the original discussions we were having on some of these properties with
the new Commission that the County has now. I guess it was approximately two weeks before
Mayor Penelas was supposed to be sworn in as Mayor that he and I met right across the street
before that, and he suggested that we should have a meeting with the County Manager to discuss
different properties that the City had, and ways that the County could help us. And he was
sincere in his offer to me, I believe. When I met with the County Manager and with Mayor
Penelas at the time - and again, that was before he was actually sworn in as Mayor - the County
Manager had a long list of our most precious properties, properties that I was even surprised that
he knew about. Nice list. And he started going one after another, and not just the FEC (Florida
East Coast) Bicentennial tracts, and, you know, he wanted this marina here, he wanted the
marina at Virginia Key by the Rusty Pelican, both the golf courses. I could go on and on. And...
Commissioner Plummer: Fire sale.
Mayor Carollo: Well, you know, J.L., that's exactly what he said to me. He said, "I'm looking
for a fire sale." And I told him, "You're not going to get one." That was at the worst time for us,
because, you know, we were in the eye of the hurricane, and the bleakest moment for us, and we
didn't know where the heck we were going to come up with the dollars to get out of this hole
that we're in. And I made it clear to him we were not going to have a fire sale. You know, he
had a big smile on his face and, you know, he kept saying that's what he was interested in. And
I thanked him very much for his time, and that was the end of that meeting. Since then, the
County has taken their sweet time in coming to us, frankly, because I think the Manager and
some of the Administrators over at the County were convinced that the City of Miami was going
to fall on its face, that we would never make it through the first year, let alone the five-year plan.
And each hurdle that we had to jump, they didn't think we were going to be able to jump it, and
we did, until finally, we're going to jump the highest one on Monday, and the five-year plan will
be approved. And we did it on our own, without help from any other sources. Now, since that
time, if I could charge the County punitive damages for my pain and suffering in this deal, I
guarantee you, we would be getting a lot more than the hundred and twenty-one million dollars
($121,000,000) that we're asking for. But that's not what we're discussing here, so I won't bore
you with a long story on this. The bottom line is that I think they realize now that they're at the
end of the road, and now, it's either, you know, fish or cut bait. And many of the things that they
thought were going to happen didn't happen. You know, they underestimated this Commission,
this City, this Administration, and certainly, this Mayor. I think Mayor Penelas is acting in good
faith by the offer that he sent us. I think it's an offer that's at least we're at a point now, I think,
that we're close in being able to do something with him. I just hope that some of the hardliners
on their side don't give him bad advice where they'll kill this deal. And believe me, there are
some real hardliners on the other side. The... Some of the things that were in the proposal are
somewhat different than one of the last conversations that we had. And if I may, that was before
we had the offer to buy. So obviously, any lease talks that we had, they didn't take seriously,
because they had sent us an offer to buy. And I did not meet with anyone from the County after
we got the offer to buy. So this is... The way that I see it, it is really a new proposal that they're
108 May 7, 1997
sending us, since it was obvious that they had disregarded any lease proposal that we had
discussed when they send us the last proposal to buy. If they had wanted us to consider a lease
proposal similar to this, they would have included it with the proposal to buy. They didn't.
They only included the proposal to buy. However, I think that we're getting close to establishing
a fair deal with the County. I would certainly make every attempt to meet with the County
Mayor, right this week, if they have the time. And by the way, I'd like to take the opportunity to
officially, on behalf of the City Commission and the City of Miami, to congratulate Mayor
Penelas and his wife, Lily, on their new baby, and to thank them. They chose a City of Miami
hospital for the baby to be born in. But we, at the same time, should stand by our positions. And
I respect my colleagues for the position that they've taken. We can't forget that we... We can't
go to the extreme that the County was going before and be unreasonable, like they were before.
I think that we have to go forward with this, with the outlook of also being reasonable. Two
wrongs do not make one right. But as the City Manager said, he needs to go over the proposal,
and the City Attorney needs to go over the proposal. In fact, from what I understand from my
colleagues on the Commission, you also want to go over the proposal again. And there are some
things that need to be ironed out. Unfortunately, it's not in the best interest of the County... of
the City to iron them out in public until it's all done and said, particularly when we all have the
threats of potential lawsuits if we sign this deal. But I would like to congratulate Mayor Penelas
for taking this step of offering a lease. I think we have to fine tune some things. In fact, in this
offer that they sent, there are several items that were not what he and I discussed. But, you
know, this is what happens when, on the County's side, you've got so many people that are
involved in this that sometimes, one hand doesn't know what the other is doing. But I have the
optimism that when he and I would meet that we could come to the point that we could resolve a
lot of these outstanding issues. In the meantime, this Commission had expressed... in fact, had
instructed the Administration to come up with some additional proposals of the kind of things
that we could do with the property. So, Jack, if you're ready to talk about some, feel free to
come up.
Mr. Jack Luft (Director, Planning & Development): Of course, we've been spending quite a bit
of time over the last several years looking at projects around the country, nationally and
internationally, for comparables, to give us some guidance on what could happen on this
particular piece of property. We've been mindful of these for quite some time. I have presented
to you a very brief outline here that touches on some of these projects, just to give you a sense of
the breadth, the range of use and development potential that other cities have chosen to pursue
for their publicly -owned waterfronts. I think you'll agree, in looking at some of these from
Vancouver, British Columbia, starting with Canada Place and Berard (phonetic) Landing, on the
Cole Harbor Waterfront, from Darling Harbor in Australia to Navy Pier in Chicago, smaller
projects like Pier 39 in San Francisco, the Central Waterfront Plan for Seattle, Aloha Tower, 18
acres, in Honolulu. All of these... many of these include cruise ship terminals that were done by
the Cities. They've included mixed use projects, high density hotel trade center projects,
destination retail and entertainment. Virtually, all of these were done with private sector
investment and joint public partnerships. We believe that this site is comparable, if not superior,
to most of these properties. And these are the best properties that these cities around the world
have. We could pursue a planning process. There's a number of ways we could approach this,
through international design competitions. Urban Land Institute has a forum that they conduct
where they bring in experts from all over the country in development packaging, financial
analysis, urban design, project leasing and management, and they will work with a City as a
team to put together a major redevelopment proposal plan, a plan of action for a property like
this. They've done it in cities from Los Angeles to Atlanta, Chicago and New York. That kind
of resource is available to the City of Miami to attack this issue, if we want to start fresh. There
are many excellent ideas. We believe that we could come up with a project that would be
imminently feasible and attractive to private investors that would meet public purpose objectives
that would transform that waterfront and he a jewel for this community to move forward into the
21st Century. We always have our unified development proposal solicitations, which could take
109 May 7, 1997
the form of a single tract development, a large unified site. We could subdivide it into two sites
and do a two-step process, beginning with the south, moving to the north. We could come up
with a master development plan and actually subdivide the parcel... the 60 acres into several
development opportunities, much like the Brerard Landing in Vancouver did, where they
actually had seven or eight parcels that they individually developed. All of these are
opportunities for us. If this particular proposal on the table were not to work, I'm confident we
could bring back to you some exciting options for this community to consider.
Vice Mayor Regalado: Mr. Mayor, I can tell this Commission and the people of Miami that I
have been in most of these places. As a matter of fact, I stayed in one hotel, Canada Place, in
Vancouver during the Clinton/Yeltsin Summit. I also stayed at the Brerard Landing. I've been
to the Navy Pier and to the Pier 39, and also to the Seattle... the Central Waterfront. My point is
that knowing personally all these developments, except with the one in Honolulu, I can tell you
that the best for me, in terms of economic feasibility, is the Central Waterfront in Seattle. I
visited that place about four years, five years ago, and I can tell you that it's very nice, and it's
very people friendly, especially the one in Seattle. I really don't think that the one in
Vancouver... both in Vancouver would apply to the City of Miami for several reasons that I
could discuss. But the one in Seattle, the marketplace, and the waterfront activities, I think, is
the one that maybe you should, Jack, focus on and bring more details. Because I'm telling you, I
know all of these, with the exception of the Aloha Tower in Honolulu. And I can tell you that of
all of them, the Seattle development is one that... Because the City looks exactly like what we
have here in the bay.
Commissioner Plummer: But you also need to tell them that they have an unbelievable amount
of Navy ships that come in there and bring millions and millions of dollars. You also need to tell
them that in Seattle, that they have a thing called Sea Fair, once a year. Sea Fair attracts almost
two million people to that City. It is unbelievable. Now, we don't have a Pike's Peak Market,
but we got Bayside, and we got downtown, and we're going to have the Performing Arts. And
the one thing that you really forgot to tell them was about the Edgewater Hotel that extends out
over the water, that you throw the line out of your bedroom window, you put it in the telephone
where you dial the bar, and when you get a bite on your thing, it rings in the bar, and you run
back up and pull the fish in. You been there?
Mayor Carollo: Something tells me Commissioner Plummer has tried that.
Commissioner Plummer: I've been there. I've been there. Yep. Mr. Mayor, are we going to do
a motion, or are we just going to let this ride?
Mayor Carollo: Well, if you'd like to make a motion that he would further study this...
Commissioner Plummer: Well, Mr. Mayor, my motion is going to be tough. OK? And my
motion is going to be that at four -fifty-nine on Friday afternoon, we send them a letter in
reference to their letter of May the 6th, and say thank you, but no, thank you. Now, I don't
want... You know, somewhere along the line, we got to fish or cut bait. I mean, this thing is
running on and on. This Commission has not deviated in one time to reduce its demand. And
yet, they come back every time with less than our demand. So I just, you know, I think we got to
get tough.
Mayor Carollo: Well, Commissioner, I would certainly respect any motions that are made here,
but I...
Commissioner Plummer: You know, we're getting to the point where we create a deadline, and
we don't meet it.
110 May 7, 1997
Mayor Carollo: Well, 1 don't think we need to get into the... any more deadlines and so on. I
mean...
Commissioner Plummer: They do.
Mayor Carollo: Yeah. Well, you know, their deadlines are two and three days, which, you
know, I don't know why, you know, it's being done, but it's being done. It's not practical,
especially when they're the ones that want this and need this a lot more than they're claiming
that we need it, because we have real possibilities out there to make even more for the City of
Miami than they're offering. The difference is that we also want to work with Dade County
government and try to do what is best for not only the City of Miami, but overall Dade County.
But, you know, we can't keep bringing and putting Dade County's burden on our shoulders,
either. You know, the excuses that have been given have been that this land has been begging
for so long, if we don't do this deal, it's the only opportunity that we have to do something there.
Otherwise, we'll never do anything there. Well, that might have been what was done with other
Mayors that were here, but with this Mayor and this new Commission, that's not going to
happen. So...
Commissioner Gort: Mr. Mayor, I'd like to give a suggestion. I mean, in the business world,
every time you get an offer, if you don't like the offer, you do a counteroffer. Can we write a
letter stating that we do not accept the offer for the following reasons, this is what we would like
to see? And then from there, we can...
Mayor Carollo: Well, that's correct.
Commissioner Gort: Let's give it to them in writing.
Mayor Carollo: That's correct.
Commissioner Plummer: Willy, how many times have we got to tell them one twenty-one is the
minimum?
Mayor Carollo: The only thing is that you need to give the Manager and the City Attorney the
opportunity to calculate what this offer is really worth. I don't even know... For instance, one of
the things that I had discussed, and it seems that they've deviated from that already, was that we
were going to be mirroring the old conditions overall in the old lease. But by some of the stuff
they've put in here, in the DRI and some other things, it doesn't seem that they're following that.
At no time was it discussed that we would have to put fifteen million dollars ($15,000,000) in an
escrow account. In fact, what was agreed upon and discussed that we would follow was that this
Commission wouldn't have to pay our share of it until between year 11 and year 15 out of the
cleanup, unless we wanted to pay it up front. That was our option to do it. The twenty-five
million dollars ($25,000,000), it was always agreed in the conversations that we had that what
would be cancelled out would be year 44 and 45. We would never get into taking any amounts
out in year 43. All of a sudden, they want us to take another four point one out of year 43. That
was never agreed upon. But again, I think what's happened here is that the Mayor was obviously
quite busy, and I don't blame him, waiting for his new baby, and other people that were involved
in this... Everybody has put their spoon into it, and we've got something different than what we
had discussed before. But again, the way I feel is that once they send their offer to us to buy, and
didn't mention any discussions that we have in the lease, that was telling me and telling us that,
you know, that discussion was out the door. We started afresh. But I am willing to sit down
with Mayor Penelas to keep on working this with the County. I think that from what they were
originally offering and what I originally was being told, that all that the County could offer was
twenty-five million up front, but only in buying the property, because that's all they could afford.
If there was a lease, they couldn't give us anything up front. To what we have today, it's a night
ill May 7, 1997
and day difference. So I think we have a very good possibility... in fact, I would say an excellent
possibility of ironing out the differences that are left. But at the same time, I understand how my
colleagues feel, and if, you know, it is the will of the Commission to instruct staff to start
preparing the RFP (Request for Proposals), as we had voted upon previously, in telling staff to
do it if they didn't come up with a concrete closing on this by May 1st, so be it. But you're
right, too, Commissioner Gort, that's something we might consider in doing. But we've got to
give the Manager and the City Attorney...
Commissioner Gort: No, I understand.
Mayor Carollo: ... the opportunity to go through that.
Commissioner Gort: I'm not saying we should accept this, but I think we have let them put the
offer. Why don't we put the offers this time?
Commissioner Plummer: We did.
Commissioner Gort: I mean, we've also been saying that for the last three to four months what's
the minimum that we want. Let's put it in writing and send it to them. Look, this is what we
would like to see. Then you've got a basis to negotiate.
Commissioner Plummer: Didn't you send them a letter?
Commissioner Gort: And this way, we're not going back and forth that we offered this, we gave
this, and this way, we have it in writing. And later on, after you get through some of the
negotiations, then we can all sit together and bring it out in the sunshine.
Mayor Carollo: You're right on that, and I have no problem with that, once the Manager has
done...
Commissioner Plummer: Mr. Mayor, did we not send them a letter instructing them... the vote
of this Commission that we would accept no less than one twenty-one? I mean, how many times
have we got to say it? Send them a video. I mean, obviously, if they don't understand the
spoken word...
Commissioner Gort: J.L., my understanding is I don't think we've ever sent an offer.
Commissioner Plummer: Excuse me. This Commission instructed the Manager to send them a
letter. That's correct. And we instructed the City Clerk to send a resolution in written form to
them. No questions. Unanimous vote. Now, how many times have we got to tell them? One
more time. We're not going to cave in. They still hear the sirens on the fire trucks. What they
don't realize is we've got a class one department, and they've got a class five. Five or six, Tom?
Oh, four. Well, they're only four times worse than we are. Hey, you all do what you want. My
vote ain't changing.
Mayor Carollo: Well, Commissioner...
Commissioner Plummer: Mr. Mayor, I would like to make a motion, if I could...
Mayor Carollo: Of course.
Commissioner Plummer: ... to something to the contrary.
Mayor Carollo: No, no, whatever motion you would like to make, you can make,
Commissioner.
112 May 7, 1997
Commissioner Plummer: This is different than what we're talking about. I would like the City
Manager and the City Attorney to come back at our next meeting with a proposal to create a City
of Miami Maritime Board, primarily to have control of any development on City -owned
properties. I don't even know if I need a motion for that. OK?
Mayor Carollo: Well, I'll be happy to, you know, to...
Vice Mayor Regalado: Do you have the Water Advisory Board?
A. Quinn Jones, III, Esq. (City Attorney): I mean waterfront properties?
Commissioner Plummer: All City -owned waterfront properties would have to go before the City
of Miami Maritime Board. I would suggest a five -member board where each one of us would
appoint one member to that board. It would be different than the waterfront. This would be for
development.
Mayor Carollo: Yeah, development. I think it's a good idea, not just for this project, but for
some other key projects that we have in the waterfront. You know, what nobody realizes in
Miami, except when we have people that come from out of town and tell us that, is that the City
of Miami owns the largest tracts of virgin lands of any major city in our country, maybe of any
major city in the world, right smack in the City. I recently have had investors that have come to
Miami to look at some of our projects. And they were amazed that we had Watson Island, that
we had the Maritime Park property, the FEC Bicentennial, that we had Virginia Key, that we had
properties here in Coconut Grove. They couldn't believe what we had. So,'you know, I'm not
concerned at all on what kind of future we're going to have, because with the kind of properties
that we have in the waterfront and others, Miami is going to he in great shape in the future,
especially with the business type attitude that we're proceeding, all of us on this Commission,
and the Administration, and the City employees. Vice Mayor Regalado, are you seconding
Commissioner Plummer's motion?
Vice Mayor Regalado: Yes, I am.
Commissioner Plummer: Mr. Mayor, the Mayor... the Manager has asked to have the leeway
and the latitude to come back with recommendations to this Commission, which I thought was
really what we were trying to accomplish...
Mayor Carollo: Yeah, we...
Commissioner Plummer: ... that they would... They come back and recommend it to us.
Mayor Carollo: Yeah.
Commissioner Plummer: And basically, my concept would be this would be a board that would
hear all development projects as... like a Zoning Board. It would recommend to the City
Commission, and then the City Commission would make the final decision. That's kind of like
what I have in mind.
Mayor Carollo: It's a good idea.
Commissioner Plummer: So.
Mayor Carollo: It's a good idea. OK.
113 May 7, 1997
Mr. Jones: Point of clarification, Mr. Mayor. You're talking about two separate things now,
because what you're talking about would be an ordinance creating a board, and then a separate
RFP or recommendations relative to an RFP for...
Commissioner Plummer: Mr. City Attorney, I would leave that to you. OK? You come back
and tell us... If you have the drift of what I'm saying and I think this Commission is backing,
then you can come back to us with recommendations. You can come back to us with
suggestions, and at all times, this Commission will be the last word.
Mr. Jones: But what I'm asking is, in any...
Commissioner Plummer: I'm sorry?
Mr. Jones: In any event, you want the Maritime Board created.
Commissioner Plummer: Oh, absolutely. Absolutely.
Mayor Carollo: There's a motion by Commissioner Plummer, a second by Vice Mayor
Regalado. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays."
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-331
A MOTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY AND THE
CITY MANAGER TO BRING BACK AT THE NEXT CITY COMMISSION
MEETING PRESENTLY SCHEDULED FOR MAY 22, 1997 A PROPOSAL TO
ESTABLISH AND CREATE A CITY OF MIAMI MARITIME BOARD TO
CONTROL, HEAR ALL DEVELOPMENT PROJECTS AND MAKE
RECOMMENDATIONS TO THE COMMISSION REGARDING ANY
DEVELOPMENT ON CITY -OWNED WATERFRONT PROPERTY; FURTHER
STATING THAT THE COMPOSITION OF SAID BOARD SHALL BE COMPRISED
OF FIVE MEMBERS, EACH MEMBER OF THE COMMISSION SHALL APPOINT
ONE MEMBER TO SAID BOARD.
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.
Mayor Carollo: Mr. Manager, do you want a formal resolution from this Commission, giving
you the instructions to study the proposal from Dade County, together with the City Attorney,
and for the legal parameters that we would need advice on?
114 May 7, 1997
Mr. Edward Marquez (City Manager): You could keep it as a motion, and that works very well
for us.
Mayor Carollo: Very good.
Commissioner Plummer: Well, in that... And I would hope he would forward to us his
recommendations after he has had the time to study it.
Mayor Carollo: Absolutely.
Commissioner Gort: Before you sent it out.
Commissioner Plummer: Yeah. And I... Again, I am petrified of the indemnification process. I
just... Mr. Mayor, I can see that thing running up a bill that is incredible. And I just don't think
that we should be responsible for the actions of the... what they're going to be doing, if this City
should be having to defend the County proposal of what they're going to be doing. You know,
that Sports Authority money should stay in the Sports Authority. If we were building it, then we
got to stand the gaff... stand up and be counted. But they're going to be, doing it, and I think
they've got to... this is just one person speaking. I think they've got to indemnify this City, if
there is any legal cost, anything, they've got to defend this City and indemnify us. That's one
person speaking.
Mayor Carollo: We have a motion by Commissioner Plummer. Second by Commissioner Gort,
giving the Manager instructions on going over the proposal that was sent to us by the County,
and then coming back with recommendations to the Commission.
Commissioner Plummer: Sometime in the next 90 days.
Mayor Carollo: That's not part of the motion, though. Any further discussion? Hearing none,
all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays."
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-332
A MOTION INSTRUCTING THE CITY MANAGER AND THE CITY ATTORNEY
TO STUDY THE PROPOSAL PROFFERED BY METROPOLITAN DADE COUNTY
IN CONNECTION WITH ITS OFFER TO BUY THE MARITIME PARK PROPERTY
FROM THE CITY; FURTHER INSTRUCTING THE MANAGER TO COME BACK
TO THE COMMISSION WITH A RECOMMENDATION REGARDING SAME.
115 May 7, 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.
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Yes, Commissioner.
Commissioner Gort: Talking on this thing, I received several calls on the Merrill Stevens.
When are we going to listen to... When are we going to hear that?
Mayor Carollo: The Manager was hoping that we could finish with the whole proposal that we
have on the five-year plan, and then he would come back to us and let us know how much time
he and staff would need to then bring it back to the Commission.
Mr. Marquez: Since I'm hopeful we will have the Maritime... the five-year plan this coming
Monday, I'd like to bring back, if it's OK with you all, recommendations at the next
Commission meeting in June.
Mayor Carollo: You know, if you could do it in June, it's fine. If you need a little more time,
that's fine, too, Mr. Manager. Once you're done on Monday with the five-year plan, then start
working on that, and let us know when you could do it.
Mr. Marquez: OK.
Mayor Carollo: Thank you.
--------------------------- ------------------------------------------------------------------------------------
44. DISCUSS / REFER PROPOSAL FOR SPANISH RODEO & FIESTA TO CITY
ATTORNEY & CITY MANAGER FOR REVIEW PRIOR TO COMMISSION
CONSIDERATION.
------------------------------ ---------------------------------------------------------------------------------
Mayor Carollo: Any additional pocket items that this Commission has?
Vice Mayor Regalado: Yes. We have... I have one, and this one is very simple, because it's just
an endorsement. And there is a group of residents that have contracted the Orange Bowl
Stadium to do their Spanish Rodeo and Fiesta, and they just want the City Commission
endorsing this event that will take place sometime next year in the Orange Bowl Stadium. And...
Commissioner Gort: I think we had it once already, didn't we?
Vice Mayor Regalado: No, we did not.
116 May 7, 1997
Commissioner Gort: No?
Vice Mayor Regalado: It would be the first bull fight in the City of Miami.
Commissioner Gort: Well, no.
Vice Mayor Regalado: No, no, no.
Mayor Carollo: I lost something here. I'm... What kind of bull are we talking about?
Commissioner Gort: Who are going to be the bulls?
Vice Mayor Regalado: It's the Spanish Rodeo and Fiesta. And I've checked everything on this
one. It's been endorsed by all the different organizations that deal with animals. Of course, it's
not going to be like a regular bull fight. It's going to be just an exhibition. And this gentleman
will bring the bulls from Mexico, I understand, and have them in quarantine, and then have... I
think it's a two-day or one -day activity.
Commissioner Gort: Commissioner, Commissioner, the other thing I think that you have to
check is the grass in the Orange Bowl, because it's getting ready for the football season. If that
would damage the grass for the football season, I don't know if they'll be able to do it.
Vice Mayor Regalado: I think that he would... already spoke about that.
Commissioner Plummer: This is a bloodless one?
Vice Mayor Regalado: Yeah.
Commissioner Plummer: Ha! Oh, my god. I can see the headlines now. City of Miami
throwing the bull.
Mayor Carollo: Have you given this to the Administration to go over?
Vice Mayor Regalado: I think that he has been in contact with your department, Christina.
Right?
Ms. Christina Abrams (Director, Public Facilities): I understand that he is working with the
Orange Bowl staff, and that we're waiting for a plan and a schedule, and he will be able to do it.
Mr. Jose Barredo: Yeah. I have everything already from the...
Vice Mayor Regalado: The schedule, I think, is in July. I think it's in July or something.
Mayor Carollo: What's the name of that big bull, that picture that you handed in?
Mr. Barredo: No, not exactly bull.
Mayor Carollo: I saw there was an "X" on him.
Mr. Barredo: No. This is a rodeo, like the one that was performed last year in January at the
Orange Bowl. They performed a Spanish... a Cuban -American rodeo. And this is a Spanish
rodeo. So there is no difference, whatsoever, you know. Different bulls.
117 May 7, 1997
.11,N
,a1
Commissioner Gort: Name and address, please. Name and address.
Mayor Carollo: Different bulls, huh? Well.
Commissioner Plummer: The Spanish... Cuban -American went broke.
Mayor Carollo: Don't get it mixed up with some of our local ones here.
Commissioner Plummer: We coin everybody. Christina, they went broke before.
Commissioner Gort: They won't affect the grass.
Ms. Abrams: What?
Commissioner Plummer: They went broke before.
Mr. Edward Marquez (City Manager): Mr. Mayor, we haven't seen anything in writing from the
organization, and I really would like to see something formal so that we can evaluate it formally.
Mayor Carollo: Why don't you, Vice Mayor, maybe make a motion that he is to meet with the
Manager and the Administration to go over that, to make sure that, you know, everything is fine-
tuned with the Administration and with the Law Department.
Commissioner Plummer: No, the grass will he gone. The grass would be gone. The grass is
gone if you have a rodeo.
Vice Mayor Regalado: Absolutely.
Mr. Barredo: It's not a bull fight.
Mayor Carollo: Huh?
Mr. Barredo: It's not a bull fight. Well, that's what... It's a rodeo. Because there's no...
anything that can hurt the bull, you know.
Commissioner Plummer: Sir, do you have anything...
Mayor Carollo: These bulls realize we've got a deficit in the City, right? They're not the bulls
that don't believe there was a deficit, right?
Commissioner Gort: I think the only thing you need to check is the football field is getting ready
for the football.
Mr. Barredo: We are ready to pay for the damage that is going to occur to the Orange Bowl, you
know.
Commissioner Gort: It's not the damage. It's how long it takes. I think just that you would
have to check with staff.
Mayor Carollo: On the grass, yeah.
Commissioner Gort: Maybe it could be done right after the football season.
Mr. Barredo: Yeah. That's why they told me May 4th.
118 May 7, 1997
Mayor Carollo: Yeah, but we've got to be careful, too, because right after the football season,
then we'll have the soccer season, and that's 20 games, at least. So.
Commissioner Plummer: Sir, do you have... Does this have anything to do with the previous
Cuban -American rodeo that was in there?
Mr. Barredo: It's more or less like the Cuban -American, but not the same people.
Commissioner Plummer: It's different people.
Mr. Barredo: Different people.
Mayor Carollo: Different bulls.
Mr. Barredo: Different bulls, also.
Commissioner Plummer: We'll save money on fertilizer.
Mayor Carollo: OK.
Vice Mayor Regalado: There is a motion. I'd like to introduce a motion to have the
Administration study this project. And the reason that I brought it to the Commission is that I
guess you had a hard time to get through the City.
Mr. Barredo: It's difficult for some people to understand that you can do a Spanish rodeo.
What's the difference in Cuban -American than Spanish-American? It's the same thing, you
know. Different bulls, but...
Commissioner Plummer: Shut up.
Vice Mayor Regalado: OK. It's a motion.
Commissioner Hernandez: I second the motion.
Commissioner Plummer: Did you make a motion? I second.
Commissioner Hernandez: I second or Plummer.
Commissioner Plummer: I third it.
NOTE FOR THE RECORD: At this point, Commissioner Gort
exits the ommission c am er.
Mayor Carollo: There's a motion that he is to go to the City Manager and the Administration,
and the City Attorney to go over the proposal. And then the Manager will come back to the
Commission and make his recommendation.
Commissioner Hernandez: Mr. Mayor, I have two pocket items.
Mayor Carollo: Hold on. All in favor, signify by saying "bull."
119 May 7, 1997
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
The following motion was introduced by Vice Mayor Regalado, who moved its adoption:
MOTION NO. 97-333
A MOTION REFERRING PROPOSAL PRESENTED BY JOSE BARREDO IN
CONNECTION WITH A "SPANISH RODEO AND FIESTA" TO TAKE PLACE IN
THE ORANGE BOWL STADIUM NEXT YEAR TO THE CITY MANAGER AND
CITY ATTORNEY FOR FURTHER CONSIDERATION AND REVIEW; FURTHER
DIRECTING THE MANAGER TO BRING SAID ISSUE BACK AT A LATER DATE
WITH A RECOMMENDATION.
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
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Wifredo Gort
----------------------------------------------------------------------------------------------------------------
45. CONTINUE CONSIDERATION OF ALL AGENDA ITEMS CONCERNING
BOARDS & COMMITTEES APPOINTMENTS (AG 37.1 THROUGH 37.24)
TO NEXT MEETING.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, I make a motion at this time that we suspend all 37 point
items until the next Commission meeting.
Mayor Carollo: Well, see, the appointments, there's no need to... Well, there are... none of
those appointments have to be made today, is there?
Commissioner Plummer: Everybody continues until their successors are named.
Mayor Carollo: Yeah.
Commissioner Plummer: So there's no problem.
Mayor Carollo: Yeah. All right.
Commissioner Plummer: I so move.
Mayor Carollo: There's a motion by Commissioner Plummer.
120 May 7, 1997
Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Hernandez. 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. 97-334
A MOTION CONTINUING CONSIDERATION OF ALL AGENDA ITEMS IN
CONNECTION WITH BOARDS AND COMMITTEES APPOINTMENTS, NAMELY
AGENDA ITEMS 37.1 THROUGH 37.24, TO THE NEXT 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 Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Wifredo Gort
---------------- ---------------------------------------------------------------------------------- --------------
46. GRANT USE OF ROBERTO CLEMENTE PARK TO RAFAEL HERNANDEZ
HOUSING & ECONOMIC DEVELOPMENT CORPORATION WITH
CONDITIONS -- FOR " VIRAZON CAMPAIGN" SCHEDULED FOR JUNE 1,
1997.
Commissioner Plummer: Where is your pocket?
Commissioner Hernandez: Mr. Mayor, I have two motions, two...
Mayor Carollo: What time is your...
Commissioner Hernandez: Seven -thirty it starts.
Mayor Carollo: Oh, it starts at seventy -thirty.
Commissioner Hernandez: Yeah.
Mayor Carollo: It's plenty of time.
Commissioner Hernandez: I've got two pocket items, and I have one issue that I'd like to revisit
which is item 29, when we were discussing on the rental vehicles. I have an issue... a question
for Judy Carter. I think I saw her around here.
Mayor Carollo: What is 29?
121 May 7, 1997
Commissioner Hernandez: This is the rental vehicles for the Police Department. If Judy is
still... I know she's around. Well, I guess we'll deal with that later. My first pocket item deals
with... I was contacted by Eagle Brands, and Budweiser, and the executive director of the Rafael
Hernandez Housing and Economic Development Corporation, in reference to the use of the
Roberto Clemente Park in Wynwood. Basically, they want to have a one -day event. It goes for
Hispanic -American Scholarship Fund. And they just want use of the park. They... Budweiser
will be financing the whole...
Mayor Carollo: Will they pay for the rental fee?
Commissioner Hernandez: They will pay everything, all the fees for all the licenses.
Mayor Carollo: All right. So there will not be any fee waivers involved?
Commissioner Hernandez: No fee waivers, absolutely.
Mayor Carollo: That's fine.
Commissioner Plummer: Two things I did not see incorporated in the letter. Number one, they
must indemnify the City, carry liability insurance indemnifying the City.
Mr. Angel Diaz: They are willing to do that.
Commissioner Plummer: And number two, a provision that they will pay for any damage done
to the park.
Mr. Diaz: Sure.
Commissioner Plummer: What we do at Bayfront Park, we video the day before the event, we
video the day after the event, and sit down with the promoters to write us a check for any
damage that was done, and that has to be done here, I think, as well. So there are two items.
Damage, if any, liability, if any, must be covered.
Commissioner Hernandez: OK.
Mr. Diaz: All right.
Commissioner Hernandez: So basically...
Commissioner Plummer: I second the motion.
Mr. Diaz: I just... Yes, I just wanted to say that it says right there in the letter that, that was the
last year that the proceeds were going to that organization. But this year, the proceeds are going
to go to Rafael Hernandez Housing. And so that's different.
Commissioner Hernandez: OK. There has been a motion and a second.
Mayor Carollo: There's a motion, there's a second. Is that all right with the Administration?
Mr. Edward Marquez (City Manager): Yes, absolutely.
Mayor Carollo: Very good. A motion and a second. All in favor, signify by saying "aye."
122 May 7, 1997
The Commission (Collectively): Aye.
Mayor Carollo: Sure, good luck.
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-335
A RESOLUTION AUTHORIZING THE USE OF ROBERTO CLEMENTE PARK ON
JUNE 8, 1997, BETWEEN 5:00 PM AND 10:00 PM, FOR THE REPRESENTATION
OF THE 1997 VIRAZON CAMPAIGN EVENT BY CO-SPONSORS EAGLE
BRANDS, INC.BUDWEISER AND THE RAFAEL HERNANDEZ ECONOMIC
DEVELOPMENT CORPORATION, A NOT -FOR -PROFIT ORGANIZATION,
CONDITIONED UPON THE ORGANIZERS: (1) PAYING FOR THE USE OF THE
PARK PLUS ALL OTHER NECESSARY COSTS OF CITY SERVICES AND
APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (2) OBTAINING
INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY
THE CITY MANAGER OR HIS DESIGNEE; AND (3) COMPLYING WITH ALL
CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY
MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
47. (A) RECONSIDER PRIOR ACCEPTANCE OF BID FROM
INTERAMERICAN CAR RENTAL, INC. FOR FURNISHING RENTAL
VEHICLES TO POLICE DEPARTMENT.
(B) REJECT BIDS RECEIVED FOR RENTAL VEHICLES FOR POLICE
DEPARTMENT -- ITEM TO BE RE -BID -- EXTEND FOR 60 DAYS
PRESENT CONTRACT FOR CAR RENTAL.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Go ahead.
Commissioner Hernandez: Before I go to the second pocket item, Judy Carter is back, and I
have a question. We were talking about why there had only really been one bidder. I was
contacted after we visited the item by Royal Rent-A-Car's owner, and in fact, he stated that the
reason he did not bid was because of the money that was owed to him, which you mentioned you
123 May 7, 1997
would have done the same thing. The issue that has been brought up, and I believe he has
spoken to the Police Department over this, and it's a question that I have for you, Judy, is
according to the RFP (Request for Proposal)...
Ms. Judy Carter (Chief Procurement Officer): The hid.
Commissioner Hernandez: ... the bid, I am sorry. The bid that was issued, insurance policies,
whatever insurance company they used had to be members of the Florida Guarantee Fund.
According to this gentleman, he's telling me that this bidder would have been disqualified
because they use Drake, and Drake is not a member of the Florida Guaranteed Fund, and I want
to know if that is true or not.
Ms. Carter: Well, interesting enough, we received word of this information supposedly received
from Royal Rent -a -Car, as it relates to the insurance, this morning. I immediately deployed
Frank Rollason to investigate, to determine, because we don't review the insurance. That is the
purpose of Risk Management. And he had... Oh, there he is. Here he is. There is the man right
there. He should be able to answer that in regards to...
Mr. Frank Rollason (Director, General Services Administration): All right, we're talking about...
They're saying they're using who?
Commissioner Hernandez: What's that?
Deputy Fire Chief Rollason: Drake?
Commissioner Hernandez: Drake. According to Royal Rent-A-Car, they're not a member of the
Florida Guaranteed Fund, which was a requirement of the bid.
Deputy Fire Chief Rollason: I can tell you that the insurance was checked out. They complied
with what we had asked for. They complied with the State Statute. They have a certificate that
says they are in compliance, being self -insured. Our requirement, what we added, as Judy added
mentioned earlier, was that they could submit insurance and do it that way, or they could be self -
insured. They opted to be self -insured, and they submitted a certificate to that effect. What they
have done is reinsured their exposure at an ultimate limit or a stop loss. And from our position,
they can insure their exposure any way they want to. What they have come to us for, and the
presentation they made to us is under self-insurance. They comply with the law under self-
insurance. And the fact that they want to get reinsurance from wherever is the business of that
company. They...
Commissioner Hernandez: Can the contract that currently is in existence be extended at this
point in time? It currently expires, I believe, June 3rd. Is that correct?
Ms. Carter: Yes.
Commissioner Hernandez: Can it be extended so we can give this gentleman an opportunity? I
think, after all, he was made to suffer by waiting to get paid. My issue is, in revisiting this, can
we extend the contract until we can rebid this?
Mr. A. Quinn Jones, III, Esq. (City Attorney): Well, first of all, Mr. Mayor, if you're going to
revisit that question, you need a motion for reconsideration of... if that's the way you're going.
You'd have to reconsider the action that you took this morning, because it would be a nullity
now. You've already renewed the contract for a year. So technically, unless the Commission
revisited the issue and took action differently, then you can't do anything to the contract that you
have now. You've got to... You approved a new agreement this morning.
124 May 7, 1997
S
Commissioner Plummer: Well, I think what he's asking... The question he's asking, if we do
reconsider, can we reconsider on an extension of 30 days or 60 days of the present contract?
Mr. Jones: Well, depends on what the contract provided for in terms of renewal. I don't have it
before me.
Ms. Carter: Yes, the extension...
Commissioner Hernandez: It can be extended.
Ms. Carter: Well, the extensions have expired. It was a... one year, with the provision for two
additional years, and we've completed the last extension period.
Mayor Carollo: Did we sign that contract yet?
Ms. Carter: What contract?
Commissioner Hernandez: No.
Commissioner Plummer: Since this morning?
Mayor Carollo: I guess my question is, technically, when is it approved? When we voted upon
that or...
Commissioner Hernandez: When it's signed.
Mayor Carollo: ... when I sign the ordinance and...
Mr. Jones: When it's executed.
Mayor Carollo: Well, I haven't executed it.
Commissioner Hernandez: I'd like to make a...
Mr. Jones: Yeah. No, I think what Judy is saying is that the agreement that they're operating
under now has expired, and it only had provisions for the one year with two one-year extensions.
So technically, you don't have any basis to extend it any further and that's...
Commissioner Plummer: Who is the company we're presently using?
Mr. Jones: ... and that's why you went out to bid.
Commissioner Plummer: Who is the company we're presently using?
Ms. Carter: We're using Royal Rent-A-Car.
Commissioner Plummer: Well, if that man wants to bid, I'm sure he's going to give us a 30-day
extension on...
Commissioner Hernandez: Yeah, I...
Mr. Jones: He has no choice.
125 May 7, 1997
Commissioner Hernandez: Mr. Mayor, I'd like to make a motion to reconsider the item.
Commissioner Plummer: Second.
Mayor Carollo: There's a motion, there's a second to reconsider.
Commissioner Hernandez: At which point I'd like to ask...
Mayor Carollo: Hold on. Before we go on, Quinn, I want to make sure that what we're doing is
legally sound.
Mr. Jones: You know, it was just brought to my attention that the Commission did this before,
but, you know, because you did it before, that does not make it right. I'm saying to you is that
what you're attempting to do now, is my favorite term, I'd say "bastardize the process." Because
the contract was up, you don't have any basis for further extension. That's the whole reason that
you went out for competitive bids. So if you want to reconsider and throw out the whole
process, and perhaps on a 30-day basis until you get new bids in, that's up to you. I don't
recommend it.
Commissioner Plummer: Well, tell us...
Mr. Jones: I don't recommend it. It's not my recommendation that you do it that way.
Commissioner Plummer: All right. We don't want a bastard child. I mean, I would have
preferred an illegitimate child, but you want a bastard child. So I'm asking you, sir. You know
what we're trying to accomplish. Tell us what to do to make it legal.
Mr. Jones: Well, I think I've just told you. I don't think you can make it legal.
Commissioner Plummer: Well, then it's a simple thing, OK. Motion to reconsider has been
called.
Mr. Jones: And to throw it out. I mean...
Commissioner Plummer: Mr. Mayor?
Mayor Carollo: There's a motion to reconsider.
Commissioner Plummer: Has been called, so... Now go ahead and call the roll.
Mayor Carollo: You're saying, City Attorney, that you're recommending against doing it this
way?
Mr. Jones: I'm recommending against doing it this way.
Mayor Carollo: Well, if he's recommending against doing it this way...
Commissioner Plummer: Well, I...
Mayor Carollo: ... gentlemen, you know, he's the City Attorney.
Commissioner Gort: He's going to take us to court.
Mayor Carollo: Whether we agree with him or not...
126 May 7, 1997
Commissioner Plummer: No reconsider to throw it out. We got to reconsider to throw it out.
Commissioner Hernandez: We didn't have the full information in front of us when it came
before us.
Mr. Jones: Well...
Commissioner Hernandez: Can't we revisit the item?
Mr. Jones: You can revisit it. You can always revisit it. I'm saying, I don't recommend that
you take that action. When you made the bid award, you did it on the basis of the information
that was presented to you. Certainly, if it's the Commission's will to revisit it, the... what you
do is you throw out the one bid, whatever. But you risk, in throwing it out, the consequences of
legal action, because I think that what will be argued is that it was a legitimate award, based on
the information, that they compiled with the specs that were required in the bid document.
That's the risk that you run. And that's why I said I don't recommend it, but certainly, you have
it ,as an option, if you want to reconsider it, to throw it out and rebid it.
Commissioner Hernandez: One last question. Chief Rollason, just a "yes" and a "no," because I
really didn't understand. I understood part of what you said. Is Drake Insurance Company part
of the Florida Guaranteed Fund or not?
Chief Rollason: I don't know the answer to that, but in the documents I have from them, Drake
is not even listed.
Commissioner Hernandez: So then, maybe this bidder is not supposed to... is not a qualified
bidder, to begin with. And if we don't have an answer to that question, how can we award a bid
to these people?
Chief Rollason: No, no, wait. No, no wait, wait a second. I have their insurance certificate for
their excess, which they say they're going to have for excess. They have three companies listed
here, Drake is not one of them. These three companies complied with Best, "B" or better, just
like the specs called for. But the company that bid, bid with the option for being self -insured.
They could have not purchased any of this insurance. They have a certificate from the State of
Florida that they are a self -insured company. They have a certificate number, so forth. That's
what they opted to do. They could have done it just that way, and not have had any additional
insurance. What they told us is, "Look, here's how we're going to do it. We're going to be self -
insured, but for excess, we're having these companies." And these three companies that they
have complied with what we look for in the Best book. Drake is not on the list of who they
have. They've got Calcomp, Admiral Insurance Company, and Stuart Smith, Southeast Florida.
NOTE FOR THE RECORD: Commissioner Gort exits the
Commission chamber at 6:05 p.m.
Commissioner Hernandez: OK. I've made a motion and there was a second.
Mayor Carollo: There's a motion, there's a second. Call the roll on this one, Mr. Clerk, because
I'm going to vote in the negative, based upon the City Attorney's recommendation to us.
127 May 7, 1997
The following motion was introduced by Commissioner Hernandez, who moved its adoption:
MOTION NO. 97-336
A MOTION TO RECONSIDER PRIOR ACTION ON AGENDA ITEM 29
(ACCEPTANCE OF BID OF INTERAMERICAN CAR RENTAL, INC. FOR THE
FURNISHING OF RENTAL VEHICLES FOR ONE YEAR).
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: Mayor Joe Carollo
ABSENT: Commissioner Wifredo Gort
Mayor Carollo: OK. Anything else that's before us here?
Commissioner Hernandez: Yes, the last pocket item, or at least my pocket item.
Mayor Carollo: You need to bring something up?
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Mayor Carollo: OK. Real quickly, since we're on pocket items. Go ahead, ma'am.
Commissioner Hernandez: That's three to one.
Mr. Jones: The motion... Well, there was a motion to reconsider. So now, you've got to
reconsider.
Commissioner Hernandez: So now we have to act on it, right.
Mr. Jones: Now, you have to act on it.
Mayor Carollo: Go ahead gentlemen.
Mr. Jones: Well, you've got to take some action now that you've voted to reconsider. What...
Commissioner Hernandez: What I'm recommending the Manager and what I'm requesting the
Manager's office to do, and the Chief Procurement Officer, is to rebid, give an extension of this
contract for 30 days. If you think we need more than 30 days, how much time do we need to
rebid this, Judy? Forty-five, 60 days?
Ms. Carter: Because we only meet monthly, we may need more than one month. While I could
have it out within 15 days, the idea of the meeting taking place in order that you may be able to
review it. So we may be talking about a couple of months at the outset.
Commissioner Plummer: Can I offer and ask that when the bids go back out, that we make it as
an option as to... because we're self -insured.
128 May 7, 1997
Mr. Jones: That was an option.
Commissioner Plummer: OK. No, no, no, they self -insured themselves. What I'm saying is,
can we get a tremendous lower rate by us being self -insured, and not them having to provide the
insurance? You know, these rental car companies, man, they get you for every item that you
tack on. You know, there's a big thing now and a big scandal going on about they make you
take out insurance when you get a rental car even though you're already covered by your
homeowners and blah, blah, blab. I would like to ask that an option be given "A" and "B," that
they cover the insurance, or "B," if we're self -insured that we cover our own self and take a
reduced rate on the cars.
Chief Rollason: All right. Here is the one snag with the self-insurance from our end. Number
one, the insurance... the rental car company never gets off the hook, just like we don't get off the
hook when it's a piece of our property, and we've got an event that we have leased out.
Eventually, we own a piece of that, and they come after us, too. With the limits under the
Florida Statute, with the 100,000/200,000, we run into the limit problem of what we're liable for
under self-insurance, and the car companies are not going to accept those limits. So they're
going to say "Go out and buy a policy." So if we self -insured, it's just not like us saying, "OK,
we'll absorb it and we'll take the hit when it comes." They're going to say, "Look, we want this
limit, two million dollars ($2,000,000), whatever we have put into this package, and you go buy
a policy for that." And we'll be out buying a policy to cover the excess of the 100,000/200,000.
I mean, the City Attorney can speak to that, but we're not liable beyond that 100,000 per person
200,000 per occurrence, under Statute.
Commissioner Plummer: Chief, I'm merely trying to save money.
Chief Rollason: I understand.
Commissioner Plummer: If we can't do it, and it's not to our advantage to do it... I said consider
it. I didn't say do it, OK? If we can do it and we can save money, so be it.
Chief Rollason: I understand.
Commissioner Plummer: All right, that's all I'm saying. If it's not feasible, don't put it in the
new package or the new bid.
Commissioner Hernandez: Judy, our next meeting is May the 22nd I believe. Can you make it
by May the 22nd?
Ms. Carter: We may have to pocket it, because the deadline for that agenda has already passed.
Commissioner Hernandez: What's the meeting after the 22nd?
Unidentified Speaker: June the 12th.
Commissioner Hernandez: June the 12th? OK. So contract extension for 60 days, two months,
and you bring back the results of the bid on June the 12th. OK.
Mr. Edward Marquez (City Manager): Mr. Mayor, I think... I'll check with the City Attorney. I
think he's got to do an action rescinding your prior motion.
Mr. Jones: You need a motion.
Commissioner Plummer: We did.
129 May 7, 1997
Mr. Jones: You need a motion rejecting the bid submitted by... was it Interamerican?
Commissioner Plummer: Oh.
Mr. Jones: OK, and directing the City Manager to rebid and extend the present contract up to
whatever the time period is.
Commissioner Hernandez; Mr. Mayor, I'll make a motion at this time to reject the bids that
were accepted by the Procurement Office of the City of Miami, and instructing the Manager to
rebid this item as soon as possible.
Commissioner Plummer: Second.
Mayor Carollo: There's a motion and a second. Are you recommending that we do this now,
Mr. City Attorney?
Mr. Jones: I'm still steadfast in not recommending.
Commissioner Plummer: Stubborn, aren't you?
Mayor Carollo: Well, all right. I have no other alternative but to go with the City Attorney's
recommendation.
Commissioner Plummer: Well, Mr. Mayor, let me be very clear on the record. The only reason
that I'm voting this way is I think there is the potential of saving money for this City. And as
such, I still have reserved the right at the bottom line to say yes or to say no when the bids come
back in.
Mayor Carollo: All right. There's a motion, there's a second. Any further discussion? Hearing
none...
Vice Mayor Regalado: Excuse me, just that we or I would like to get some information on the
bidder before it's brought to the attention of this Commission, to see if we do have a process, not
like this one, with only one bidder.
Captain Joseph Longueira (Deputy Commander., Police Support Services.): You want to
know...
Ms. Carter: I don't understand what he's saying.
Commissioner Plummer: If the Police Department would go out and do their job, they'd
confiscate cars, and we'd acquire them.
Captain Longueira: You want to know who we're mailing the bids to?
Vice Mayor Regalado: No, not... who we are not mailing. Who is responding? Who are the
final bidders? That simple, you know, three.
Ms. Carter: Yes, you always receive that information.
Vice Mayor Regalado: All right.
Commissioner Plummer: No... well, OK. Because this time, it was only one.
130 May 7, 1997
Mayor Carollo: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No. One "no."
The following resolutions were introduced by Commissioner Hernandez, who moved their
adoption:
RESOLUTION NO. 97-337
A RESOLUTION REJECTING ALL BIDS RECEIVED BY THE CITY IN
CONNECTION WITH THE FURNISHING OF RENTAL VEHICLES FOR THE
DEPARTMENT OF POLICE, BID NO. 96-97-084R; FURTHER DIRECTING THE
CITY MANAGER TO SEEK NEW BIDS BASED ON SUCH SPECIFICATIONS AS
HE DEEMS APPROPRIATE FOR THE FURNISHING OF SAID VEHICLES, AND
TO PRESENT QUALIFIED PROPOSER(S) TO THE CITY COMMISSION FOR
APPROVAL.
RESOLUTION NO. 97-337.1
A RESOLUTION AUTHORIZING THE EXTENSION OF A CONTRACT WITH
ROYAL -RENT -A -CAR, FOR THE FURNISHING OF RENTAL VEHICLES FOR A
PERIOD OF TWO MONTHS, FOR THE DEPARTMENT OF POLICE, ALLOCATING
FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $95,000, FROM THE
LAW ENFORCEMENT TRUST FUND, ACCOUNT NO. 690002.029032.4.679, SUCH
EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS
COMPLYING WITH FLORIDA STATE STATUTES, CHAPTER 932.7055, AS
AMENDED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE CONTRACT WITH ROYAL -RENT -A -CAR, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO EVIDENCE THIS EXTENSION OF
THE TERM THEREOF.
(Here follows bodies of resolutions, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolutions were passed and
adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: Mayor Joe Carollo
ABSENT: Commissioner Wifredo Gort
Commissioner Plummer: One "no." There went our uniformity. Another article in the Herald.
Vice Mayor Regalado: One day after.
Commissioner Plummer: All right, are we finished?
131 May 7, 1997
Commissioner Hernandez: No, we've got one last pocket item.
----------------------------------------------------------------------------------------------------------------
48. PERSONAL APPEARANCE: PATRICIA SAMIOS ALLEGATIONS AGAINST
BELL SOUTH TELECOMMUNICATIONS, INC., THE CITY OF MIAMI
POLICE DEPARTMENT AND OTHER GOVERNMENTAL AGENCIES.
Commissioner Plummer: All right. Are we finished?
Commissioner Hernandez: No. We got one last pocket item.
Mayor Carollo: This lady needs to come up, and I guess she needs to address this item or...
Ms. Patricia Samios: Yes. Well, this is completely out of protocol, and I realize this is not on
the agenda. But it...
Mayor Carollo: OK. We need your name and address.
Ms. Samios: Patricia Samios, S-A-M-I-O-S, City of Miami resident.
Mayor Carollo: But we need an address, too.
Ms. Samios: Oh, an address?
Mayor Carollo: Yeah.
Ms. Samios: 1251 Southwest 21st Street. Specifically, I'm addressing a situation that occurred
Saturday night, where I had an intrusion. And it was a 9-1-1 call at approximately a quarter of
eleven. And I had some units respond...
Commissioner Plummer: Excuse me. Hold up. Joe, I think you'd better be listening to this. Go
ahead, proceed.
Ms. Samios: I want everybody to look at me, and remember me, and remember my name, and
my family. I've been a victim and the focal point of a contract killing since February.
Mayor Carollo: A what, ma'am?
Ms. Samios: A contract killing, since February. This was a situation that I got myself involved
in accidentally, as a party to a lawsuit, Patricia Samios versus Bell South Telecommunications,
Inc. Because of... I had the misfortune of stumbling across something that the... that Bell South
did not want me to... or the public to know that I knew, they put a contract out on me.
Commissioner Plummer: Mr. Mayor, I think this is totally out of character in a public meeting.
Bell South is not here to defend themselves. I would strongly suggest that you talk with Captain
Longueira...
Ms. Samios: Well, let me just say what City of Miami Police is involved, as far as their...
Commissioner Plummer: Ma'am, I'm sorry, I cannot stand here or let you stand there and make
accusations.
132 May 7, 1997
Ms. Samios: Let me say what... No, no, no, forget that. Let me talk about what happened
Saturday night when I made the distress call. I made a call...
Commissioner Plummer: That's fine.
Ms. Samios: May I do that?
Commissioner Plummer: Sure.
Ms. Samios: Is it too much to ask? Saturday night at a quarter of eleven, I made a 9-1-1 call to
my address reference two people outside that I know, without a doubt, meant to do me great
bodily harm. The call went out. The units, two units responded within about five or ten minutes.
It was a young Latin woman, chubby, and a tall black man. When I called yesterday to find out
what the unit numbers were, I was given unit numbers of two Latin men. In other words, the
unit numbers were changed. They were covered up. This is just another example of the City of
Miami Police desire to see me and my family in harm's way. Now, I'd like this investigation...
Mayor Carollo: Hold on, hold on. You know what I suggest you do, ma'am? You go to the
State Attorney's Office and...
Ms. Samios: I've already done that.
Mayor Carollo: OK. You've done that already.
Ms. Samios: I've already talked... I've already dealt with Joe Centorino, and he's turned his
back on me because of the severity of the problem.
Mayor Carollo: OK. Well, then, I would suggest that if you are not satisfied with the response
you got there that you go to the Florida Department of Law Enforcement, or you could always
go to the F.B.I. (Federal Bureau of Investigation).
Ms. Samios: No, no. I've done... I've done that. They have turned their hack on me. The
situation I want to address right now is the fact that those unit numbers were altered, and the
names altered. That's all I want to say. I want to go on record as saying it. Thank you. Have a
nice day.
----------------------------------------------------------------------------------------------------------------
49. BRIEF DISCUSSION BY VICE MAYOR REGALADO CONCERNING
SCHEDULING NOISE ABATEMENT MATTER ON COMMISSION
MEETING AGENDA.
Vice Mayor Regalado: Mr. City Manager, I was informed that we were going to bring the issue
of the airport noise to this meeting, and I was wondering if you have an answer in terms of
when - I think that Aaron is working on that - when are we going to bring this issue?
Mr. Edward Marquez (City Manager): I want Aaron to speak.
Mr. Aaron Weeks (Chief of Staff): Commissioner, we will have that at the next meeting. The
meetings have been taking place, and I'm getting additional information. In terms of preparing
the ordinance that we discussed, we were not able to get that to the Law Department in sufficient
time in order to have it presented here today.
133 May 7, 1997
Vice Mayor Regalado: Thank you. it will be May 22nd.
Mr. Weeks: That's correct.
----------------------------------------------------------------------------------------------------------------
50. GRANT SUBORDINATION REQUEST BY IDEAL REHAB,INC & LIBERTY
CITY IMPROVEMENT CORPORATION.
Commissioner Hernandez: Mr. Mayor, my second and last pocket item involves a subordination
request by Ideal Rehab, Inc., and Liberty City Improvement Corporation. This was one of the
three refinancing issues that I brought back a couple of months ago and that the Commission
appointed me to negotiate between the loan committee, the Administration, and the Commission.
Mayor Carollo: Humberto, I have a problem...
Commissioner Hernandez: All right.
Mayor Carollo: ... on this issue right now. We're down to four Commissioners. I also have to
go, right behind Commissioner Gort, because I'm 20 minutes behind already.
Commissioner Hernandez: OK.
Mayor Carollo: So you're going to be down to three.
Commissioner Hernandez: All right.
Mayor Carollo: I don't know if you all want to handle it with three or not. I wasn't aware this
was coming up now.
NOTE FOR THE RECORD: Mayor Carollo exits the Commission
c am er at 6:21 p.m.
Commissioner Plummer: Well, is there any major... Ask the applicant if there's any major
problem of putting it off until the next meeting?
Commissioner Hernandez: There is a problem, and then we go back to the problem with the
water and sewer situation, which has extended the deadline on turning off the water several times
already. It's up to them. I... We have three members on the board. If they want to...
Commissioner Plummer: Well, let's hear from... Can I suggest we hear from the
Administration? What do they recommend or don't recommend?
Mr. Aaron Weeks (Chief of Staff): Commissioner, if this were just alone, the Administration
would not recommend approval of the request for subordination, based on an analysis of the
financial risk to the City. However, there may be other considerations for the Commission in
reviewing this matter, such as the impact if the water is shut off. But that's a policy
determination.
134 May 7, 1997
Commissioner Plummer: Well, what you're saying is to try to make arrangements for the water
to be left on or turned back on, and go to further negotiations; is that what you're saying?
Mr. Weeks: Yes, sir.
Commissioner Plummer: Well, you know, this gentleman has been to see me twice now. And I
got to tell you, the things that he's telling me, the City is not as much at risk as I keep hearing
from the Administration. Now...
Commissioner Hernandez: Commissioner Plummer, one thing I'd like to clarify. And I just met
an hour and a half ago with Mr. Weeks, and... to clarify something. Because I researched it,
because it was a doubt in my mind, and I was almost sure about it until Mr. Nachlinger kind of
put a doubt in my mind as to what a water and sewer lien, what priority it has on a mortgage.
According to him, it did not have a priority. According to Dade County Code Section 32.93,
OK, a Dade Water and Sewer lien is superior in dignity and it is prior to any mortgage on record.
That's what I knew and what I thought until Bob kind of changed my mind. But I researched it.
You can look at Dade County Code Section 32.93. It's very clean-cut, black and white. It is
superior to our mortgage. So therefore, we go back to step one as to our position, where we are
not in second, but we go back to third place on the totem pole here. And therefore, we have a
first mortgage and WASA (Water and Sewer Authority) is ahead of us, just for the record.
Commissioner Plummer: Well, you know... You know what hurts me? This man is trying to
accomplish something that we need very badly. And it seems like that we're hitting a brick wall.
Commissioner Hernandez: We are hitting a brick wall, Commissioner. I will honestly tell you
that it's not because of the City Manager, and I will not talk about Mr. Weeks, because he has
been there when I've needed him. I've tried... The bottom line is we're going to be in a twelve
thousand five hundred dollar ($12,500) deeper hole. That's about what it comes down to when
you look at the numbers. Look at the... my pocket item. It's right in front of you.
Commissioner Plummer: That's exactly what this gentleman said to me. Now, tell me where
that doesn't hold water.
Mr. Edward Marquez (City Manager): Commissioner Plummer, Commissioner Hernandez,
given the correction as to the lien position, we will change our recommendation on this item, and
go for the subordination. All right. I was not... I was briefed on this item, but I was under the
impression that the lien position was different.
Commissioner Hernandez: No. You can look at Dade County Code Section 32.93. It's right
there. It's black and white. It is superior to our mortgage. Having heard the Administration...
Commissioner Plummer: Well, all right. Well, now, excuse me. Am I, then, to understand the
City Manager to say that you now have changed your position, and that you feel that we can
approve this?
Mr. Weeks: Commissioner, given the circumstances surrounding... This is a project which there
is some history. However, in our purely financial analysis, the fact that the... we were under the
impression that the WASA debt was not a priority lien, was a large factor in looking at this
purely from a financial standpoint. If it is a priority lien, then that certainly lessens the degree to
which we look at this unfavorably.
Commissioner Plummer: But, Mr. Weeks, my understanding is they're going to take out a loan
of seven hundred thousand dollars ($700,000). Am I correct?
135 May 7, 1997
Mr. Carlos De Zayas: Yes, sir.
Mr. Weeks: That is correct.
Commissioner Plummer: They're going to pay off immediately the lien with Water and Sewer.
Mr. Weeks: That's correct.
Commissioner Plummer: They're going to pay the City... I forget the ' X' number...
Commissioner Hernandez: A hundred thousand dollars ($100,000).
Commissioner Plummer: I don't have it in front of me. And the City's liability comes out at the
bottom line of an additional twelve thousand dollars ($12,000) more than where we were. But
we take second position behind the bank.
Mr. Weeks: The one hundred thousand dollars ($100,000) that's being paid is one hundred
thousand dollars ($100,000) that is in... that this gentleman is in arrears from a similar
restructuring that he did last year.
Commissioner Plummer: Previous.
Mr. Weeks: Which, as a part of that, was supposed to have five years of good payment and
records on that loan transaction.
Commissioner Plummer: Mr. Weeks, how many units are we talking about?
Mr. De Zayas: Seventy-six units, Commissioner. Carlos De Zayas...
Mr. Weeks: There's 58 apartments in one facility and 18 in another. A total 76.
Commissioner Plummer: So we're talking about the City's additional risk in exposure for 58,
68, 74 units that are much needed housing.
Mr. Weeks: Commissioner, we agree. Now that there is not an issue regarding the lien, we
agree.
Commissioner Plummer: Well, excuse me. They kept telling me about the fact they were going
to take out a loan. Did they not tell you that? I mean, we're... Did we miss communication
here?
Mr. Weeks: No, sir.
Mr. Marquez: Sir, we messed up.
Commissioner Plummer: No, don't say that. Don't ever say that.
Mr. Marquez: Well...
Commissioner Hernandez: Commissioner Plummer, can I go ahead and make a motion?
Commissioner Plummer: Hey, you know, I just...
136 May 7, 1997
Commissioner Hernandez: Vice Mayor Regalado, I'm making a motion to accept the request of
the subordination request by Ideal Rehab, Inc. in Liberty City Improvement Corporation, based
on the recommendation of the City Manager and the Administration.
Vice Mayor Regalado: There is a motion by Commissioner Hernandez. Do you second that,
Commissioner Plummer?
Commissioner Plummer: Yes. I do that, of course, predicated on the fact of the now
recommendation of the City Manager.
Vice Mayor Regalado: And also, we will have the guarantee that the water will be paid.
Mr. Jose Deary: The check will he cut directly by the bank for the water deposit.
Mr. De Zayas: Vice Mayor Regalado, I understand that that is part of the closing documents...
Vice Mayor Regalado: I know...
Mr. De Zayas: ... that have been negotiated with the bank. And we can guarantee you from the
point of view of this particular petitioner that that is what we will instruct the bank to do.
Commissioner Plummer: Is that it? Can we go home?
Vice Mayor Regalado: There's a motion by Commissioner Hernandez, second by
Commissioner Plummer. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO.97-338
A RESOLUTION (Pending the Law Department.)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
137 May 7, 1997
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
Commissioner Wifredo Gort
----------------------------------------------------------------------------------------------------------------
51. SCHEDULE TOWING RELATED ISSUES FOR MAY 22, 1997
COMMISSION MEETING -- NOTIFY CONCERNED PARTIES INCLUDING
OFF STREET PARKING & POLICE -- SEE LABEL 54.
----------------------------------------------------------------------------------------------------------------
A. Quinn Jones, III, Esq. (City Attorney): Mr. Vice Mayor.
Vice Mayor Regalado: Yes. I... I'm sorry. I have another little issue here. Don't go, J.L. And
this is something that I think is important for the City. Remember that this Commission decided
to order the task force not to tow any vehicles or continue their work unless and until this
Commission dealt with the thing about the towing industry. We were going to discuss the
towing industry here today and... Well, it seems that we're going to do it next session. So...
Commissioner Plummer: There's a reason for that.
Vice Mayor Regalado: I know that.
Commissioner Plummer: OK.
Vice Mayor Regalado: Well...
Commissioner Plummer: The reason is that somebody didn't put it on the agenda.
Vice Mayor Regalado: Right. Right. And... but it wasn't officially... Actually, it was officially
you who requested it to be on the agenda.
Commissioner Plummer: Sir, I have already gone through with the lady who was beating my
head soft, and I told her I agreed with her. We did instruct.
Vice Mayor Regalado: Well, anyway, from now until we discuss that, I believe that we should
order the Administration to recommend... or recommend the Administration that this task force
will be put back to work, but not on the towing industry area, please. These people are bringing
money in terms of fines. But somehow... and we have documented this, and you know this, that
there was a situation that needed to be addressed in the towing of cars. So if... Dipak, if we do
not tow until this Commission deals with this, can we have this task force work in other areas
and bring... because the task force is... it was ordered to stop, right?
Mr. Dipak Parekh (Deputy Director, Finance): That is true, Commissioner, and we lose
approximately two hundred thousand dollars ($200,000) per month in billable revenues. And
138 May 7, 1997
that's a budgeted item for this fiscal year and the next. Although they work with the other types
of task forces, this is a revenue which is needed for the City of Miami. What we could do is that
we could still write parking tickets and not actually tow cars.
Commissioner Plummer: Well, towing, we don't get anything out of it, do we?
Mr. Parekh: Yes. We get basically ten dollars ($10) per tow.
Commissioner Plummer: Oh, oh. OK. No, that's been raised to fifteen now.
Mr. Parekh: Yes.
Vice Mayor Regalado: So I would like to introduce a motion, if we have to, to request the
Administration...
Commissioner Plummer: ... until the 22nd.
Vice Mayor Regalado: I'm sorry?
Commissioner Plummer: Until the 22nd.
Vice Mayor Regalado: Until the 22nd, that's right.
Commissioner Plummer: Yeah. Second the motion.
Vice Mayor Regalado: OK. All in...
Commissioner Plummer: Now, Mr. Manager, I want to make sure that on the 22nd, that since
we're talking about wrecker service, that all wrecker companies who presently have contracts
with the City be so notified to be here, and this issue will be discussed, and if they have input,
they will have the ability for input.
Vice Mayor Regalado: And also, that the Off -Street Parking Authority will be here, because that
is part of the problem.
Commissioner Plummer: Well, unfortunately, the Police Chief has gone home, and I don't see
Joe around. The Police Chief had some problems that I think really need to be incorporated in
the discussion of the 22nd. For example, one of the questions that came about was, what is
special details? In other words, sting operations, roadblocks, who uses what wrecker service,
and why. They have one interpretation. Other people have a second interpretation. My
interpretation was that if they had a roadblock, they use the wrecker company of that district.
That's not their interpretation. OK? Now, we still have the bottom line, and we still make those
decisions, and that's what I'm hoping that we're going to do. But I want you prepared, Joe, on
the 22nd, to address any of those issues that you feel that are not crystal clear in your mind and
the City Commission's mind. I also asked, and I'll demand again... welt, I'll ask again. When
we awarded towing contracts, we did it predicated on what we were told, that each district would
create approximately the same amount of business per district. It is far from being that. I'm not
going to give it to you...
Vice Mayor Regalado: J.L., J.L., this is why Off -Street should be here, because what we're
seeing in the City of Miami is a duplicity of effort. I mean, the task force was using one
company, Off -Street was using another company in the areas where the City had designated
some companies to work, and I have documented, Captain, by the way, and I will bring it to you,
some police officers calling other companies in one company's area. And I will bring you on the
139 May 7, 1997
22nd proof of that. It may be a mistake, but it was... It is something that has gone on several
times, a repeated mistake. So we need to address all of that.
Commissioner Plummer: I second the motion.
Vice Mayor Regalado: Thank you. All in favor, say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Vice Mayor Regalado, who moved its adoption:
MOTION NO. 97-339
A MOTION SCHEDULING THE NEXT COMMISSION MEETING OF MAY 22,
1997 AT 2 P.M. CONSIDERATION OF TOWING AND TOWING -RELATED
ISSUES; FURTHER INSTRUCTING THE ADMINISTRATION TO NOTIFY ALL
AFFECTED WRECKER COMPANIES TO BE PRESENT IN ORDER THAT THEY
MAY PROVIDE INPUT REGARDING SAID MATTER; FURTHER INSTRUCTING
THE MANAGER TO DIRECT THE DEPARTMENT OF OFF-STREET PARKING
AND THE POLICE DEPARTMENT TO ALSO BE PRESENT.
Upon being seconded by Commissioner Plummer, 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: Mayor Joe Carollo
Commissioner Wifredo Gort
----------------------------------------------------------------------------------------------------------------
52. BRIEF DISCUSSION REGARDING MRS. MARY HELEN McINTIRE'S
ZONING COMPLAINT AT 1786 N.W.16 ST.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Before you adjourn, just very quickly. Mr. Manager, I gave to you at
the last Commission meeting a letter of complaint in reference to a Zoning issue over by Cedars
of Lebanon Hospital. I have not had a reply. It's been over two weeks. I think that this is a
matter that went before either Code Enforcement, and I asked you to look into it. You told me
you would have an answer within a matter of days. It's now two weeks, and I still don't have an
answer, sir. I would appreciate... The lady is elderly, she is very concerned, and I would ask
that you, please, within the next 48 hours, get a reply.
140 May 7, 1997
----------------------------------------------------------------------------------------------------------------
53. AUTHORIZE $15,000 ALLOCATION -- FOR DEMOGRAPHIC SERVICES
FOR SINGLE MEMBER DISTRICTS BLUE RIBBON COMMITTEE.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Regalado: Mr. City Attorney.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Vice Mayor, the Commission approved funding
for the blue ribbon committee that's doing the... looking at the redistricting. However, I need to
get your approval of a contract for the demographer, which is an amount not to exceed fifteen
thousand dollars ($15,000). The courts have already...
Commissioner Plummer: So move.
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. 97-340
A MOTION AUTHORIZING THE CITY MANAGER TO ALLOCATE AN AMOUNT
NOT TO EXCEED $15,000 FOR DEMOGRAPHIC SERVICES PERFORMED ON
BEHALF OF THE BLUE RIBBON COMMITTEE FOR SINGLE MEMBER
DISTRICTS, SAID FUNDS APPROVED BY R-97-192 WHICH PASSED ON
MARCH 20, 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: Mayor Joe Carollo
Commissioner Wifredo Gort
----------------------------------------------------------------------------------------------------------------
54. ESTABLISH TIME CERTAIN FOR TOWING HEARING SCHEDULED FOR
MEETING OF MAY 22, 1997 -- SEE LABEL 51.
Commissioner Plummer: Mr. Vice Mayor, I've been requested to ask on the towing contracts,
so that there won't be an all -day event for people who have to work for a living, I would suggest
that we do that in the opening of our afternoon session, which is two o'clock, normally. And we
won't be too far off of that. So for a time certain, it would be at two o'clock.
141 May 7, 1997
Vice Mayor Regalado: OK. Do we need a motion for that or do we...?
Commissioner Plummer: Unless there's any objection,?
Vice Mayor Regalado: All right.
Vice Mayor Regalado: All right. This meeting is adjourned.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 6:35 P.M.
JOE CAROLLO
MAYOR
ATTEST:
Walter Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
142 May 7, 1997