HomeMy WebLinkAboutCC 1997-06-09 MinutesQp�
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962-f
OF MEETING HELD ON ram7 JUKE 9, 1997
- - -
REGULAR -
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
WALTER J. FOEMAN
CITY CLERK
AIC1u�A
INDEX
MINUTES OF REGULAR MEETING
June 9,1997
ITEM SUBJECT LEGISLATION
NO.
1. PRESENTATIONS / COMMENDATIONS. DISCUSSION
6/9/97
2. CONSENT AGENDA. DISCUSSION
6/9/97
2.1 APPROVE ACQUISITION OF TIRE
R 97-365
RETREADING AND REPAIR SERVICES FROM
6/9/97
FEDAN CORP. AND PRIDE OF FLORIDA --
ALLOCATE FUNDS ($26,000, ACCT CODE
509000.420901.6.670) .
2.2 ACCEPT BID: PHARMED GROUP -- FOR
R 97-366
OXYGEN SUPPLIES TO FIRE RESCUE --
6/9/97
ALLOCATE FUNDS ($17,683.95, ACCT CODE
001000.280501.6.714).
2.3 ACCEPT BID: SKY HANGER
R 97-367
CORPORATION -- FOR HIGH-RISE WINDOW
6/9/97
CLEANING / WATERPROOFING SERVICES
FOR RIVERSIDE CENTER BUILDING (MRC) --
ALLOCATE FUNDS ($15,000 FROM GSA
ACCT 921135.340).
2.4 APPROVE ACQUISITION: FOR ADAPTO
R 97-368
STORAGE PRODUCT SHELVING FOR
6/9/97
POLICE -- FROM MISCELLANEOUS
BUSINESS, INC. -- ALLOCATE FUNDS
($26,932FROM CIP ACCT
312015.299401.6.840) .
2.5 APPROVE ACQUISITION: FOR SOD AT
R 97-369
ATHALIE RANGE PARK -- FROM THOMAS
6/9/97
MAINTENANCE SERVICE, INC. -- FOR PARKS
AND RECREATION -- ALLOCATE FUNDS
($36,026 CDBG ACCT 589301-830, PROJECT
331070) .
2.6 ACCEPT BID: PMI IMAGING SYSTEMS, INC. --
R 97-370
FOR LEASING MICROFILM READER
6/9/97
PRINTER -- FOR BUILDING AND ZONING --
ALLOCATE FUNDS ($11,460.96ACCT 560402-
880).
PAGE
NO.
2
3
4
n
6-7
ii
tiF7i5R.y^y� %Va 2.7 ACCEPT OFFICE FUNRITURE DONATION R 97-371 7
FROM REPUBLIC NATIONAL BANK -- FOR 6/9/97
OVERTOWN NEIGHBORHOOD
ENHANCEMENT TEAM (NET) OFFICE.
2.8 AUTHORIZE FUNDS TRANSFER FROM FUND R 97-372 7
60, SISTER CITIES PROGRAM, PROJECT 6/9/97
655001 FOR $21,762TO FUND 10.
3. (A) EMERGENCY ORDINANCE: ESTABLISH ORDINANCE 8-11
THREE SPECIAL REVENUE FUNDS: (1) JTPA 11505
TITLE II -A / ECONOMICALLY M 97-373
DISADVANTAGED ADULTS, (2) TITLE II- 6/9/97
C/ECONOMICALLY DISADVANTAGED
YOUTH, (3) TITLE III / DISLOCATED
WORKERS -- APPROPRIATE FUNDS FROM
U.S. DEPARTMENT OF LABOR GRANT
AWARDS -- AUTHORIZE MANAGER TO
ENTER INTO AGREEMENTS WITH SOUTH
FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM FOR ACCEPTANCE OF
GRANTS. (SEE LABEL 49)
(B) APPOINT HUMBERTO HERNANDEZ,
HECTOR GASCA AND DOROTHY WEAVER
TO WAGESS COALITION (WORK AND GAINS
ECONOMIC SELF-SUFFICIENCY).
4. RATIFY / APPROVE / CONFIRM SOLE R 97-374 11-12
SOURCE FINDING -- WAIVE COMPETITIVE 6/9/97
BIDDING -- APPROVE SOFTWARE RELATED
MAINTENANCE SERVICES -- FOR PLANNING
AND DEVELOPMENT -- FROM
ENVIRONMENTAL SYSTEMS RESEARCH
INSTITUTE (ESRI) -- ALLOCATE FUNDS
($14,900 FROM ACCTS. 290202-670 AND
421301-880).
5. AUTHORIZE INCREASE IN CONTRACT OF R 97-375 12-14
BRANCHING OUT, INC, -- FOR ABOVE- 6/9/97
GROUND TANK INSTALLATIONS --
ALLOCATE FUNDS NOT TO EXCEED
$12,048.34 FROM CIP PROJECT 311009.
6. EXTEND 108 LOAN TO GROVITES UNITED R 97-376 14-17
TO SURVIVE (GUTS) REGARDING GOOMBAY 6/9/97
PLAZA DEVELOPMENT PROJECT.
+�r
7. (A) PERSONAL APPEARANCE BY MEMBERS
R 97-377
Or AFL-CIO UNION. -- ACCEPT ENGAGING
6/9/97
OF NORTON, ALLEN AND BLUE LAW FIRM
BY OFF-STREET PARKING AUTHORITY --
FOR LEGAL SERVICES PERTAINING TO
UNIONIZATION -- ALLOCATE FUNDS NOT TO
EXCEED $15,000.
(B) BRIEF COMMENTS REGARDING
PRIVATIZATION OF OFF-STREET PARKING
AUTHORITY AND SCHEDULING DISCUSSION
OF MERRILL STEVENS PROJECT ON
COMMISSION AGENDA.
(C) INSTRUCT MANAGER TO LIMIT TO 60
NUMBER OF ITEMS ON AGENDA.
(D) DISCUSSION REGARDING PURCHASE
OF TRACK 3 AND CONVEYANCE OF LEGAL
TITLE TO LOT 10 BY OFF-STREET PARKING
AUTHORITY.
8. INSTRUCT CITY ATTORNEY TO DRAFT
M 96-378
ORDINANCE INCREASING NUMBER OF
6/9/97
OUTDOOR ADVERTISING SIGNS IN CITY.
17-28
29-32
9.
BRIEF DISCUSSION / DIRECT CITY
DISCUSSION
32
ATTORNEY TO REVIEW INFORMATION
6/9/97
REGARDING NEWSPAPERS RACKS --
FURTHER INSTRUCTING CITY ATTORNEY
TO MEET WITH CITY MANAGER REGARDING
SAME AND TO SCHEDULE SAID ISSUE AS
PUBLIC HEARING -- SEE LABEL 22.
10.
DISCUSS REQUEST FROM COMMUNITY
DISCUSSION
33-36
INVESTMENT CONSORTIUM TO PURCHASE
6/9/97
LOTS IN MODEL CITY AREA.-- DIRECT CITY
MANAGER TO REVIEW REQUEST AND RE-
SCHEDULE FOR COMMISSION MEETING OF
JUNE 26, 1997.
11.
EMERGENCY ORDINANCE: ESTABLISH
ORDINANCE
36-37
SPECIAL REVENUE FUND : CALI CARTEL
11506
ENFORCEMENT -- ACCEPT GRANT FOR
6/9/97
$27,5000 FROM MONROE COUNTY
SHERIFF'S OFFICE.
12.
EMERGENCY ORDINANCE: ESTABLISH
ORDINANCE
38-39
SPECIAL REVENUE FUND: STREET LEVEL
11507
HEROIN SUPPRESSION -- ACCEPT GRANT
6/9/97
FOR $22,500 FROM MONROE COUNTY
SHERIFF'S OFFICE.
13.
(A) ACCEPT TWO GRANTS FROM STATE OF
R 97-379 39-41
FLORIDA TO FUND PROGRAMS FOR
ORDINANCE
DEVELOPMENTALLY DISABLED IN PARKS
11508
AND RECREATION DEPARTMENT.
6/9/97
(B
EMERGENCY , ORDINANCE: ESTABLISH
SPECIAL REVENUE FUND, PROGRAMS FOR
THE DEVELOPMENTALLY DISABLED --
ACCEPT GRANTS FROM STATE OF FLORIDA
FOR $323,190.
14.
EMERGENCY ORDINANCE: AMEND
ORDINANE 42-43
ORDIANCE 11274 ESTABLISHING SPECIAL
11509
REVENUE FUND "INITIATIVES GRANT FOR
6/9/97
OUTREACH TO THE HOMELESS" --
INCREASE APPROPRIATIONS TO SAID
FUND BY $261,105 FROM UNITED STATES
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT GRANT.
15.
EMERGENCY ORDINANCE: AMEND CAPITAL
ORDINANCE 43-44
IMPROVEMENTS ORDINANCE 11337 --
11510
REVISE SCHEDULED CAPITAL
6/9/97
IMPROVEMENT PROJECT 351283, WATSON
ISLAND SANITARY SEWER,
16.
DEFER EMERGENCY ORDINANCE
M 97-380 45-46
(PROPOSED AMENDMENT TO CHAPTER 62,
6/9/97
ARTICLE V, SECTION 62-124 OF CODE TO
REMOVE PROHIBITION OF EMPLOYEES
FROM GOVERNMENT AGENCIES SERVING
ON BOARDS) -- FURTHER CONSIDER
OTHER SOURCES SUCH AS ACADEMIC
INSTITUTIONS TO RECRUIT TO SERVE ON
ZONING AND PLANNING BOARDS.
17.
SECOND READING ORDINANCE: ESTABLISH
ORDINANCE 47
MIAMI SIMPSON PARK EDUCATION
11511
PROGRAM SPECIAL REVENUE FUND --
6/9/97
ACCEPT $3,500 GRANT FROM DEPARTMENT
OF STATE DIVISION OF HISTORICAL
RESOURCES.
18.
SECOND READING ORDINANCE: ESTABLISH
ORDINANACE 48-49
POINCIANA VILLAGE CONDOMINIUMS
11512
PHASE III CONSTRUCTION GRANT SPECIAL
6/9/97
REVENUE FUND FOR $363,000 -- FURTHER
AUTHORIZE EXECUTION OF GRANT
AGREEMENT BETWEEN CITY AND INDIAN
RIVER INVESTMENTS OF MIAMI, INC. --
FURTHER DIRECT CITY MANAGER TO
REIMBURSE SOUTHEAST OVERTOWN /
PARK WEST COMMUNITY REDEVELOPMENT
AGENCY TRUST FUND ACCOUNT FOR
$221,417.60 FROM SPECIAL REVENUE FUND
ABOVE.
19. PROPOSED FIRST READING ORDINANCE: ORDINANCE 49-52
APPROVE / MODIFY PRIOR TO SECOND FIRST
READING LANGUAGE OF FIRST READING READING
AMENDING CHAPTER 3, ARTICLE III OF 6/9/97
CODE (ALARMS SYSTEMS, BURGLARY AND
ROBBERY ALARMS).
20. PROPOSED FIRST READING: AMEND ORDINANCE 52-53
SECTION 2-922 OF CODE, EXCUSED FIRST
ABSENCES FOR INTERNATIONAL TRADE READING
BOARD MEMBERS. 6/9/97
21. PROPOSED FIRST READING ORDINANCE: ORDINANCE 53-54
ESTABLISH PC NETWORK QUALITY FIRST
MANAGEMENT PROGRAM (FY'97) -- READING
APPROPRIATE $337,500, CONSISTING OF 6/9/97
STATE DEPARTMENT OF HEALTH AND
I REHABILITATIVE SERVICES GRANT FOR
$253,125, AND MATCHING FUNDS OF
$84,375.
22. BRIEF DISCUSSION REGARDING DISCUSSION 54
INFORMATION COLLECTED ON 6/9/97
NEWSPAPER RACKS -- SEE LABEL 9.
23. ACCEPT BID: N. A. LAND CLEARING, INC / R 97-381 54-55
DEMOLITION MASTERS, INC. / LANGO 6/9/97
EQUIPMENT SERVICES / SHARK WRECKING
CORP -- FOR DEMOLITION SERVICES FOR
BUILDING AND ZONING -- ALLOCATE
FUNDS, $150,000 FORM 23RD YEAR CDBG
PROJECT 799206.
24. RATIFY / APPROVE / CONFIRM EMERGENCY R 97-382 55-57
FINDING -- APPROVE TEMPORARY 6/9197
SECRETARIAL SERVICES FROM ADSTAFF --
FOR CITY CLERK OFFICE -- ALLOCATE
FUNDS, $6,112 FROM ACCT 921102-270.
25. AUTHORIZE FUNDS FOR BUSINESS R 97-383 57-58
REHABILITATION IN EDISON LITTLE RIVER 6/9/97
AREA UNDER COMMERCIAL FACADE
PROGRAM -- ALLOCATE FUNDS, $9,800
FROM CDBG PROJECT 799602.
26. DISCUSS / DEFER CONSIDERATION OF M 97-384 58-64
AGENDA ITEM 23 (EXECUTE INDIVIDUAL 6/9/97
AGREEMENTS WITH SEVEN COMMUNITY
BASED ORGANIZATIONS FOR PURPOSE OF
IMPLEMENTING ECONOMIC DEVELOPMENT
PROGRAMS) TO MEETING OF JUNE 26,
1997. REVIEW POSSIBILITY OF
ALLOCATING FUNDS TO MODEL CITY AND
WYNWOOD ORGANIZATIONS AS WELL --
SEE LABEL 28 AND 58.
27.
(Al COMMENTS REGARDING NEED TO FINE
DISCUSSION
TENANTS WHO PERFORM ILLEGAL ACTS
6/9/97
AND NOT OWNERS.
(B) DIRECT CITY MANAGER TO PROVIDE
CUSTOMER SERVICE TRAINING TO CITY
PERSONNEL -- FURTHER INSTRUCTING
MANAGER TO EVALUATE CODE
ENFORCEMENT INSPECTORS.
28.
BRIEF DISCUSSION REGARDING DEFERRAL
DISCUSSION
OF AGENDA ITEM 23( ALLOCATION OF
6/9/97
CDBG FUNDS TO COMMUNITY BASED
ORGANIZATIONS) -- SEE LABELS 26 AND 58.
29.
APPROVE ACQUISITION AND MAINTENANCE
R 97-385
OF FINANCIAL REPORTING SOFTWARE
6/9/97
MODULE (CAFR) FOR $45,000 -- FURTHER
APPROVE RELATED SUPPORT SERVICES
FROM SYSTEMS CONSULTANTS, INC. FOR
$25,000 -- FOR FINANCE -- ALLOCATE
FUNDS, $70,000 TOTAL FROM CIP PROJECT
311027.269901.1.6.270.
30.
DIRECT CITY MANAGER TO RECOMMEND
M 97-386
NAMES FOR APPOINTMENTS TO WORKER'S
6/9/97
COMPENSATION MANAGED CARE
EVALUATION COMMITTEE -- RETURN FOR
COMMISSION CONSIDERATION AT MEETING
OF JUNE 26, 1997.
31.
REJECT ALL PROPOSALS RECEIVED --
R 97-387
SEEK NEW PROPOSALS FOR INSURANCE
6/9/97
BROKERAGE SERVICES.
32.
ACCEPT PROPOSAL FROM COLUMBIA /
R 97-388
CEDARS MEDICAL CENTER -- FOR DRUG
6/9/97
SCREENING SERVICES -- FOR FIRE -
RESCUE AND POLICE -- ALLOCATE FUNDS,
$31,625, ACCTS 280401-260 AND 290201-260.
33.
ACCEPT PROPOSAL FROM COLUMBIA /
R 97-389
CEDARS MEDICAL CENTER -- FOR DRUG
6/9/97
SCREENING SERVICES -- FOR HUMAN
RESOURCES -- ALLOCATE FUNDS $10,425
FROM ACCT 270101-260.
34. (A) APPROVE SETTLEMENT: JOSEFINA R 97-390
LAUDERMAN AND JORGE LAUDERMAN FOR 6/9/97
$24,999 -- ALLOCATE FUNDS FROM SELF-
INSURANCE AND INSURANCE TRUST FUND
CODE 620103-653.
(B) DIRECT ADMINISTRATION TO REPAIR
BROKEN SIDEWALKS.
65-69
69-70
70-72
72-73
73-74
74-75
75-77
35.
A APPROVE SETTLEMENT: FRANCISCO AND
R 97-391 77-79
ANA VAZQUEZ FOR $24,5000 -- ALLOCATE
6/9/97
FUNDS FROM SELF-INSURANCE AND
INSURANCE TRUST FUND CODE 620103-
653.
B DIRECT ADMINISTRATION TO CONSIDER
DEFERRAL OF RAISING RENT FOR WATSON
ISLAND TENANTS.
36.
APPROVE SETTLEMENT: PETER SCHULTZ
R 97-392 79-80
FOR $37,800 PLUS $2,550.40 IN COSTS --
6/9/97
ALLOCATE FUNDS FROM SELF-INSURANCE
AND INSURANCE TRUST FUND CODE
620103-653.
37.
AUTHORIZE $15,000 FOR ENGAGEMENT OF
R 97-393 80-81
DAVIS, SCOTT, WEBER & EDWARDS IN
6/9/97
REFERENCE TO MICHAEL POTTINGER,
PETER CARTER AND BERRY YOUNG V. CITY
OF MIAMI, CASE NOS. 91-5316; 92-5145; 95-
4555 -- ALLOCATE FUNDS FROM SELF-
INSURANCE AND INSURANCE TRUST FUND
CODE 620103-653.
38.
ACCEPT BIDS: CROSSCO AMERICA CORP. /
R 97-394 82-83
MIAMI PAINT CENTRE / STEIN PAINT
6/9/97
COMPANY / SHERWIN WILLIAMS CO. -- FOR
PAINT AND PAINT SUPPLIES -- ALLOCATE
FUNDS, $57,750 FROM USER
DEPARTMENTS BUDGET.
39.
EXTEND TERMS OF CONTRACTS WITH
R 97-395 83-84
WARREN FENCE COMPANY / GOMEZ & SON
6/9/97
FENCE COMPANY / AZTEC ROOFING
COMPANY -- FOR FENCING SERVICE FOR
VARIOUS DEPARTMENTS -- ALLOCATE
FUNDS, $55,500 FROM USER
DEPARTMENTS BUDGETS.
40.
ACCEPT BID: UNISYS CORPORATION -- FOR
R 97-396 84-85
TERMINAL EMULATION SOFTWARE FOR
6/9/97
INFORMATION TECHNOLOGY
DEPARTMENT -- ALLOCATE FUNDS,
$150,000 FROM USER DEPARTMENTS
BUDGET.
41. BRIEF DISCUSSION REGARDING DISCUSSION 86
CONSIDERATION OF POCKET ITEMS 6/9/97
DURING COMMISSION MEETINGS -- SEE
LABEL 61.
0
42.
RATIFY / APPROVE / CONFIRM CITY
R 97-397
86-87
MANAGER EMERGENCY ACTION --
6/9/97
APPROVE DEMOLITION SERVICES FOR
PIONEER CLUB BUILDING FROM LANGO
EQUIPMENT SERVICES, INC -- FOR
PLANNING AND DEVELOPMENT
DEPARTMENT -- ALLOCATE FUNDS, $5,160
FROM CIP PROJECT 413004, LUMMUS PARK
MARINA.
43.
DISCUSS / DEFER CONSIDERATION OF
M 97-398
87-90
AGENDA ITEM 39 (PROPOSED USE OF TWO
6/9/97
PARCELS FOR LATIN QUARTER SPECIALTY
CENTER AND FORMER PIONEER CLUB FOR
OPEN-AIR PUBLIC MARKETS) --
RECONSIDER LOCATION.
44.
AUTHORIZE MANAGER 'T'O INTERVIEW /
R97-399
91-94
RECOMMEND ENTITY F6P MANAGEMENT
6/9/97
AGREEMENT FOR SHRIMPERS LAGOON.
45.
RATIFY / APPROVE / CONFIRM MANAGER'S
R 97-400
94-95
EMERGENCY FINDING -- WAIVE
6/9/97
COMPETITIVE BIDS -- APPROVE
DEMOLITION SERVICES SELECTION FOR
TOWER THEATER SELECTIVE DEMOLITION,
B-3253-A, FOR DEMOLITION MASTERS,
INC -- ALLOCATE FUNDS, $60,000 FROM CIP
PROJECT 322061.
46.
RATIFY / APPROVE / CONFIRM MANAGER'S
R 97-401
96-97
EMERGENCY FINDING -- WAIVE
6/9/97
COMPETITIVE BIDS -- ACCEPT BID OF
ADVANTA FINANCIAL CORPORATION -- FOR
ICE MACHINE FOR SOLID WASTE
DEPARTMENT -- ALLOCATE FUNDS,
$7,370.84 FROM SOLID WASTE CODE
421101-840.
47.
DISCUSSION REGARDING BILLING
DISCUSSION
97-104
PRACTICES OF MIAMI- TCI(MTCI).
6/9/97
48.
PRESENTATIONS / PROCLAMATION:
DISCUSSION
104-105
(CONTINUED).
6/9/97
49.
ACCEPT GRANT ($531,495) FOR JOBS
DISCUSSION
106
PROGRAM - COMMISSIONER COMMENDS
6/9/97
ELBERT WATERS AND GWENDOLYN
WARREN FOR THEIR EFFORTS -- (SEE
LABEL 3).
50.
TABLE TO LATER IN SESSION (PROPOSED
DISCUSSION
106-129
WATSON ISLAND AVIATION AND VISITORS
6/9/97
CENTER) --SEE LABEL 52.
51.
RECONSIDER / DESIGNATE ACQUISITION
R 97-402 129-131
OF ARCHITECTURAL AND ENGINEERING
6/9/97
SERVICES FOR WATSON ISLAND AVIATION
AND VISITORS CENTER.
52.
SCHEDULE WORKSHOP / SPECIAL
M 97-403 131-132
MEETING ON JUNE 16, 1997 AT NOON TO
6/9/97
DISCUSS INTERLOCAL FOR PROPOSED
WATSON ISLAND AVIATION AND VISITORS
CENTER -- SEE LABEL 50.
53.
COMMENTS REGARDING MAINTENANCE OF
DISCUSSION 133-134
CITY MEDIAN STRIP ALONG McARTHUR
6/9/97
CAUSEWAY.
54.
COMMENTS REGARDING REJECTION OF
DISCUSSION 134-135
BIDS FOR MAINTENANCE SERVICES AT
6/9/97
ORANGE BOWL.
55.
EXTEND LEASE AGREEMENT FOR
M 97-404 135-139
NEIGHBORHOOD JOBS PROGRAM WITH
6/9/97
BAYVIEW ASSOCIATES, INC.
56.
DIRECT CITY MANAGER TO MEET WITH
M 97-405 139-157
MIAMI CITIZENS FOR RECYCLING AND
6/9/97
INDUSTRY MEMBERS -- FURTHER
REQUESTING MANAGER TO RETURN TO
COMMISSION ON JULY 10, 1997 WITH
RECOMMENDATIONS.
57.
DIRECT CITY MANAGER TO ACCEPT
R 97-406 157-169
RESTRUCTURING OF INDIAN RIVER
6/9/97
PROPERTIES AT 1232 N.W. 1 PLACE, 149
N.W. 11 STREET AND 1201 N.W. 2 AVENUE
TO SENTRA PROPERTIES, INC. -- FURTHER
INSTRUCT CITY ATTORNEY TO PREPARE
ASSUMPTION MORTGAGE DOCUMENT
REQUIRING PERSONAL GUARANTEES
FROM SENTRA PROPERTIES AND OTHER
CONDITIONS.
68.
AUTHORIZE CITY MANAGER TO EXECUTE
R 97-407 168-170
INDIVIDUAL AGREEMENTS WITH SEVEN
6/9/97
COMMUNITY BASED ORGANIZATIONS TO
IMPLEMENT ECONOMIC DEVELOPMENT
PROGRAMS -- ALLOCATE 23 YEAR CDBG
INCENTIVE FUND ($493,850); CDBG
PROGRAM INCOME ($39,050); 23 YEAR
CDBG PROGRAM ($30,900).
59.
INSTRUCT CITY MANAGER TO HAND
M 97-408 170-186
DELIVER TO METRO-DADE COUNTY
6/9/97
REPRESENTATIVES THE MARITIME PARK
AGREEMENT SUMMARY OF TERMS AND
CONDITIONS WITH MODIFICATIONS.
•z,
60.
CITY COMMISSION CONGRATULATES MIAMI
M 97-409
186
HEAT FOR REACHING EASTERN
6/9/97
CONFERENCE FINALS.
61.
DISCUSSION OF RULES OF PROCEDURES
DISCUSSION
184-189
DURING COMMISSION MEETINGS -- SEE
6/9/97
LABEL 41.
62.
(A) APPOINT YVONNE EDWARDS, HELENITA
R 97-410
190-192
FERNANDEZ TO HOPWA BOARD.
M 97-410.1
(B) APPOINT ANDREW L. CHERRY, MANUEL
6/9/97
RICO, JR., TO HOPWA REVIEW COMMITTEE,
63.
A DISCUSSION REGARDING NEED TO
DISCUSSION
193-194
VIEW PROCEDURES THAT AWARD
6/9/97
STARS IN CALLE OCHO.
(B) COMMENTS REGARDING SHAKE-A-
LEG'S EXECUTIVE DIRECTOR'S SALARY.
64.
FIREHOUSE FOUR LLC ADDITIONAL 30
R 97-411
194-199
DAYS TO COMPLY WITH TERMS AND
6/9/97
CONDITIONS OF LEASE AGREEMENT FOR
ARRANGEMENT AND OPERATION OF
RESTAURANT ON CITY -OWNED PROPERTY
AT 1000 SOUTH MIAMI AVENUE.
65.
CONTINUED -- APPROVE SALE OF TRACT 3
R 97-412
199-201
TO OFF-STREET PARKING (MIAMI
6/9/97
RIVERSIDE CENTER) FOR $2,436,066.15 --
FURTHER CONVEY LEGAL TITLE OF LOT 10
TO DOSP -- FURTHER APPROVING
ENGAGEMENT OF HOLLAND & KNIGHT BY
DOSP TO REPRESENT THEM -- SEE LABEL
7D.
66.
OFFICIAL APPEAL TO UNITED STATES
R 97-413
201-202
IMMIGRATION AND NATURALIZATION
6/9/97
SERVICE TO STOP IRREGULARITIES IN
ARREST OF NICARAGUANS -- REQUEST
THAT PABLO VANEGAS BE TRANSFERRED
FROM PENSACOLA DETENTION CENTER
BACK TO KROME TO END HUNGER STRIKE.
67.
DISCUSS EXTENDING CONTRACT WITH
DISCUSSION
203-208
FORTUNE INTERNATION REALTY
6/9/97
REGARDING ST. HUGH OAKS VILLAGE --
SEE LABEL 69.
68.
DISCUSS MIAMI SPORTS AUTHORITY
DISCUSSION
208-209
GRANT FOR $250,000 FOR ARTS IN PUBLIC
6/9/97
PLACES MIAMI DESIGN DISTRICT
PROGRAM.
69.
RENEW FOR ONE YEAR CONTRACT WITH
R 97-414
210
FORTUNE INTERNATIONAL REALTY
6/9/97
REGARDING SALE OF ST. HUGH OAKS
VILLAGE -- SEE LABEL 67.
70. EMERGENCY ORDINANCE: AMEND CAPITAL
ORDINANCE 211-212
IMPROVEMENT ORDINANCE 11337 --
11513
ESTABLISH NEW CIP PROJECT, ART IN
6/9/97
PUBLIC PLACES, MIAMI DESIGN DISTRICT --
APPROPRIATE $250,000 FROM MIAMI
SPORTS AUTHORITY GRANT -- AUTHORIZE
MANAGER TO EXECUTE DOCUMENTS TO
ACCEPT GRANT -- SEE LABEL 68.
71. AUTHORIZE REEBOK CORPORATION TO
R 97-415 212-213
HOLD BRAZIL / COLOMBIA SOCCER MATCH
6/9/97
AT ORANGE BOWL JULY 25, 1997, WITH
CONDITIONS.
72. COMMENTS BY PROCUREMENT DIRECTOR
DISCUSSION 213-214
ON STATUS OF REPORT REGARDING AUTO
6/9/97
LEASE/ RENTALS FOR POLICE.
i
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 9th day of June, 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 9:15 a.m. by Mayor Joe Carollo with the following
members of the Commission found to be present:
ALSO PRESENT:
Mayor Joe Carollo
Vice Mayor 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 Mayor Carollo who then led those present in a pledge of
allegiance to the flag.
NOTE FOR THE RECORD: Commissioner Plummer announces
e needs to leave at 11:30 a.m. but will return for the afternoon
session.
Commissioner Plummer: Mr. Mayor, just for the record I'll so indicate as I have informed you
that I have to leave this meeting at 11:30 this morning but I will he back for the full agenda this
afternoon.
Mayor Carollo: Thank you, Commissioner.
NOTE FOR THE RECORD: Commissioner Hernandez entered
City Commission meeting at 9:17. a.m.
1
June 9, 1997
F
------------------------------------------------------`---......................................................
1. PRESENTATIONS / COMMENDATIONS.
PROCLAMATION: ANGEL DE PEDRO DAY TABLE TO AFTERNOON SESSION
COMMENDATION TO SIGFREDO DELGADO.
Mayor Carollo: If we could, the representatives that are here for the day of Angel de Pedro, to
come up please?
Vice Mayor Regalado: This is a proclamation that we should have given Mr. de Pedro several
days ago. He has been a worker for this community, a person that throughout the years has done
a tremendous job in benefit of our community, especially the professionals trying to get license
to work in the State of Florida. So this, on behalf of the City of Miami, the Mayor of the City of
Miami, the members of the Commission, this is for Mr. Angel de Pedro.
Mr. Angel de Pedro: Thank you, very much.
[APPLAUSE]
Mayor Carollo: If I may ask Sigfredo Delgado to come up, please" Sigfredo Delgado, I guess
he's not here yet, so we will go ahead and present this, this afternoon. Is Lorie here by any
chance? Lorie Lichtman.
Commissioner Plummer: I haven't seen her.
END OF PRESENTATIONS -- NO ACTION TAKEN
NOTE FOR THE RECORD: At this point, the following meetings:
December 5, December 7, December 12 and December 19, 1996
were approved by the City Commission.
Commissioner Plummer: I move the meeting of the minutes of December 5, December 7,
December 12 and December 19.
Commissioner Gort: Second.
Commissioner Plummer: I move the approval.
Mayor Carollo: There is a motion and there is a second. It's been moved by Commissioner
Plummer, second by Commissioner Gort, all in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
2 June 9, 1997
j
2. CONSENT AGENDA.
Mayor Carollo: CA-1, CA-2, CA-3, CA-4, CA-5, CA-6, CA-7, CA-8. is there anyone here that
will like to address this Commission on the Consent Agenda?
Vice Mayor Regalado: I just have a comment, Mr. Mayor that, just for the record. I understand
that this Commission had taken action regarding this issue. But, for the record, none of those
vendors are in the City of Miami.
Commissioner Plummer: Well, you know, I couldn't agree with your thoughts and your ideas
more. But, the City Attorney keeps telling us that the way that we do our bidding procedures are
going to have to make some major changes if we want to protect our own, which I think all of us
want to do. And, so I would ask the City Manager... Mr. Manager, we had a policy that on
bidding that any person in the City of Miami got a ten percent edge or the opportunity to meet
the price of the lowest bidder. Unfortunately, the Oversight Committee didn't understand the
last part of that sentence, that they got the right to meet the low bid. When we heard, Joe, what
was the man you brought down? Was it the Mayor of Philadelphia?
Mayor Carollo: I didn't bring him down...
Commissioner Plummer: Well, OK.
Mayor Carollo: ... but that was the person you are referring to.
Commissioner Plummer: Yeah, the Mayor of Philadelphia, I still would like to see the
administration look into people that have businesses outside of the City of Miami. In
Philadelphia he told us that they have a business privilege tax. That if you do business... your
business is established outside of the City of Miami and do business in the City, you pay a tax to
the City. We are finding a lot of businesses unfortunately, are moving out for cheaper rent and
for whatever reason, yet they are still all the business they did in the City of Miami and they are
not paying any taxes. They are not paying any occupational licenses and I think is one of the
reasons the City is hurting. But, I think that we need to go back, Tomas, our policy before and
enforce that policy that a City vendor had a ten percent edge or had the right to meet the low bid.
Vice Mayor Regalado: Your are right. Your are right. I looked line by line of all the bids and I
don't see any in the City of Miami, any businesses located in the City of Miami that we are
doing business on these issues that we are approving now in the consent agenda.
Commissioner Plummer: Mr. Mayor, if there is no further questions, I move the consent agenda.
Commissioner Hernandez: Second.
Mayor Carollo: There is a motion on the consent agenda, there is a second. All in favor signify
by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
3
June 9, 1997
,'
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, IT A TERMINED 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.
2 .1. APPROVE ACQUISITION OF TIRE RETREADING AND REPAIR SERVICES
FROM FEDAN CORP. AND PRIDE OF FLORIDA -- ALLOCATE FUNDS ($26,000,
ACCT CODE 509000.420901.6.670).
RESOLUTION NO. 97-365
A RESOLUTION APPROVING THE ACQUISITION OF TIRE
RETREADING AND REPAIR SERVICES FROM FEDAN CORP. AND
PRIDE OF FLORIDA, UTILIZING EXISTING DADE COUNTY
CONTRACT NO. 5159-2/98 FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION, ON AN AS -NEEDED CONTRACT
BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR
TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, FOR A TOTAL
PROPOSED ANNUAL AMOUNT OF $26,000.00; ALLOCATING
FUNDS THEREFOR FROM ACCOUNT CODE NO.
509000.420901.6.670; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR SAID SERVICES, AND THEREAFTER
TO EXTEND SAID CONTRACT FOR TWO (2) ADDITIONAL ONE
(1) YEAR PERIODS AT THE SAME PRICE, TERMS AND
CONDITIONS PURSUANT TO DADE COUNTY CONTRACT NO.
5159-2/98, SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4
June 9, 1997
2.2. ACCEPT BID: PHARMED GROUP -- FOR OXYGEN SUPPLIES TO FIRE RESCUE --
ALLOCATE FUNDS ($17,683.95, ACCT CODE 001000.280501.6.714).
RESOLUTION NO. 97-366
A RESOLUTION ACCEPTING THE BID OF PHARMED GROUP FOR
THE PROVISION OF OXYGEN SUPPLIES FOR THE DEPARTMENT
OF FIRE -RESCUE, AT A TOTAL PROPOSED AMOUNT OF
$17,683.95; ALLOCATING FUNDS THEREFOR FROM THE BUDGET
OF THE DEPARTMENT OF FIRE -RESCUE, ACCOUNT CODE NO.
001000.280501.6.714; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR SAID SUPPLIES.
(Here follows body of resolution, omitted here and on Pile in the Office of
the City Clerk.)
2.3. ACCEPT BID: SKY HANGER CORPORATION -- FOR HIGH-RISE WINDOW
CLEANING / WATERPROOFING SERVICES -- FOR RIVERSIDE CENTER
BUILDING (MRC) -- ALLOCATE FUNDS ($15,000 FROM GSA ACCT 921135.340).
RESOLUTION NO. 97-367
A RESOLUTION ACCEPTING THE BID OF SKY HANGER
CORPORATION FOR THE PROVISION OF HI -RISE WINDOW
CLEANING AND WATERPROOFING SERVICES FOR THE CITY OF
MIAMI RIVERSIDE CENTER BUILDING ("MRC'), ON AN ON-
GOING AND AS -NEEDED BASIS, FOR A PERIOD OF ONE (1)
YEAR WITH THE OPTION TO EXTEND FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS, AT A TOTAL PROPOSED
ANNUAL AMOUNT OF $15,000.00; ALLOCATING FUNDS
THEREFOR FROM THE BUDGET OF THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION ACCOUNT, CODE NO.
921135.340; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE
ORDERS FOR SAID SERVICE, AND THEREAFTER TO EXTEND
SAID CONTRACT FOR TWO (2) ADDITIONAL ONE (1) YEAR
PERIODS AT THE SAME PRICE, TERMS AND CONDITIONS,
PURSUANT TO BID NO. 96-97-055R, SUBJECT TO THE
AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
5 June 9, 1997
ti}'4,
2A APPROVE ACQUISITION: FOR ADAPTO STORAGE PRODUCT SHELVING FOR
POLICE -- FROM MISCELLANEOUS BUSINESS, INC. -- ALLOCATE FUNDS
($26,932 FROM CIP ACCT 312015.299401.6.840).
RESOLUTION NO. 97-368
A RESOLUTION APPROVING THE ACQUISITION OF ADAPTO
STORAGE PRODUCT SHELVING FOR THE POLICE DEPARTMENT
FROM MISCELLANEOUS BUSINESS, INC., UTILIZING EXISTING
DADE COUNTY CONTRACT NO. 0245-2/98-OTR-CW, AT A TOTAL
PROPOSED AMOUNT OF $26,932.00; ALLOCATING FUNDS
THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM,
ACCOUNT CODE NO. 312015.299401.6.840; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR SAID
ACQUISITION.
(Here follows body of resolution, omitted here and on rile in the Ortice of
the City Clerk.)
2.5 APPROVE ACQUISITION: FOR SOD AT ATHALIE RANGE PARK -- FROM
THOMAS MAINTENANCE SERVICE, INC. -- FOR PARKS AND RECREATION --
ALLOCATE FUNDS ($36,026 CDBG ACCT 589301-830, PROJECT 331070).
RESOLUTION NO. 97-369
A RESOLUTION APPROVING THE ACQUISITION AND
INSTALLATION OF SOD AT ATHALIE RANGE PARK FROM
THOMAS MAINTENANCE SERVICE, INC., FOR THE
DEPARTMENT OF PARKS AND RECREATION, AT A TOTAL COST
OF $36,026.00; ALLOCATING FUNDS THEREFOR FROM THE
DEPARTMENT OF COMMUNITY DEVELOPMENT BLOCK GRAND
FUNDS, ACCOUNT CODE NO. 589301-830, CAPITAL
IMPROVEMENT PROJECT NO. 331070; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR SAID SERVICE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.6 ACCEPT BID: PMI IMAGING SYSTEMS, INC. -- FOR LEASING MICROFILM
READER PRINTER -- FOR BUILDING AND ZONING -- ALLOCATE FUNDS
($11,460.96 ACCT 560402-880).
6 June 9, 1997
JT
N
RESOLUTION NO. 97-370
A RESOLUTION ACCEPTING THE BID OF PMI IMAGING
SYSTEMS, INC., FOR THE LEASING OF A MICROFILM READER
PRINTER TO THE DEPARTMENT OF BUILDING AND ZONING ON
A FOUR (4) YEAR LEASE/PURCHASE OPTION AT A TOTAL
PROPOSED ANNUAL COST OF $11,460.96; ALLOCATING FUNDS
THEREFOR FROM THE BUDGET OF THE DEPARTMENT OF
BUILDING AND ZONING, ACCOUNT CODE NO. 560402-880;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
SAID EQUIPMENT, PURSUANT TO BID NO. 95-96-145, SUBJECT
TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, emitted here and on file in the Office of
the City Clerk.)
2.7 ACCEPT OFFICE FURNITURE DONATION FROM REPUBLIC NATIONAL
BANK -- FOR OVERTOWN NEIGHBORHOOD ENHANCEMENT TEAM (NET)
OFFICE.
RESOLUTION NO. 97-371
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO ACCEPT THE DONATION OF OFFICE FURNITURE
FROM REPUBLIC NATIONAL BANK FOR USE BY THE NEWLY
RELOCATED OVERTOWN NEIGHBORHOOD ENHANCEMENT
TEAM OFFICE (NET).
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.8 AUTHORIZE FUNDS TRANSFER FROM FUND 60, SISTER CITIES PROGRAM,
PROJECT 655001 FOR $21,762 TO FUND 10.
RESOLUTION NO. 97-372
A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS
FROM FUND 60, PROJECT 655001, IN THE APPROXIMATE
AMOUNT OF $21,762.00, TO THE SPECIAL REVENUE FUND NO.
10, SAID FUNDS COLLECTED FROM EXTERNAL SOURCES BY
THE SISTER CITIES' PROGRAM FOR EVENTS AND OPERATIONS;
AUTHORIZING THE DEPOSIT TO SAID SPECIAL REVENUE
ACCOUNT OF ANY ADDITIONAL FUNDS RECEIVED
SUBSEQUENT TO THIS DATE; AUTHORIZING THE ALLOCATION
OF SAID FUNDS AS DEEMED NECESSARY FOR ALL
EXPENDITURES; PROVIDING THAT THE HEREIN
AUTHORIZATIONS SHALL BE ONGOING AS REQUIRED BY THE
SISTER CITIES PROGRAM.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
7 June 9, 1997
•1 �.ti,'Fr;�
A
3. (A)EMERGENCY ORDINANCE: ESTABLISH THREE SPECIAL REVENUE
FUNDS: (1) JTPA TITLE II -A / ECONOMICALLY DISADVANTAGED
ADULTS, (2) TITLE II-C / ECONOMICALLY DISADVANTAGED
YOUTH, (3) TITLE III/DISLOCATED WORKERS -- APPROPRIATE
FUNDS FROM U.S. DEPARTMENT OF LABOR GRANT AWARDS --
AUTHORIZE MANAGER TO ENTER INTO AGREEMENTS WITH
SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM
FOR ACCEPTANCE OF GRANTS -- (SEE LABEL 49).
(B)APPOINT HUMBERTO HERNANDEZ, HECTOR GASCA AND
DOROTHY WEAVER TO WAGESS COALITION (WORK AND GAINS
ECONOMIC SELF-SUFFICIENCY).
Mayor Carollo: We are now in...
Commissioner Plummer: Mr. Mayor, before you start, and this is not really a pocket item. It's a
problem but it is also a pocket item. As you know, probably one of the main issues in this
community today is unemployment and the WAGESS (Work and Gains Economic Self -
Sufficiency) money that is coming forth. Our City has a policy which makes it impossible for
our Jobs Training Division of the City, I forget the name of that division, to comply with the
federal regulations as far as timing is concerned to get the allocation of money. It's our problem
and it's an internal problem that we cannot move nor go forward until the City has to accept a
grant, then it has to he approved by this Commission, then it has to he approved for whatever
else to expend the money. What I am asking for this morning, is that this City find a way to
change its way of doing business as other cities have done so that in fact, we can comply. We
lost 20 percent of our money for unemployment because we were beyond the deadline. The Jobs
Training Program in the City of Miami, I am proud to tell you in the last year, has up their rating
from 40 something percent to 86 percent. And, if they get four more percent we are going to get
an awful lot more money for jobs and for training. And, especially with WAGESS that is
coming down. I would like to present this ordinance which will hopefully get us that 20 percent
back. But more importantly, Mr. City Attorney, you've got to work with our department to
change whatever it is necessary to where we can come into compliance so that money that is
duly for the City, would in fact be available to the City. Mr. Mayor, with your permission, "an
emergency ordinance establishing three new special revenue funds entitled JTPA Title II -A
Economically Disadvantaged Adults PY'97; Title II-C Economically Disadvantaged Youth
PY'97 and Title III Dislocated Workers PY'97, appropriating funds in the operation of each
component in the respective amounts of three hundred and forty-four thousand six fifty-five, one
hundred and one thousand two hundred and three hundred and eighty-one thousand eight
hundred from the U.S. Department of Labor Grant Awards, authorizing the City Manager to
enter into a necessary agreements in a form acceptable to the City Attorney for the South Florida
Employment and Training Consortium (SFETC) for the acceptance of said grants containing a
repealer or provision and severability clause and providing for an effective date." This being
approved by this Commission today, we have our final meeting on Wednesday, which is an all
day meeting to approve these and I will go to the table with this ordinance passed and fight for
the City's money of almost a million dollars ($1,000,000). So, I so move this ordinance.
Commissioner Hernandez: I second it.
Mayor Carollo: There's a motion. There's a second. Any further discussion? Is there anyone
from the public who would like to address this?
8 June 9, 1997
4
Vice Mayor Regalado: Just... J.L., I spoke to the people in Family and Childrens' Department
and they are willing to meet with you and hear all your concerns. Although...
Commissioner Plummer: OK, that's the next item I have to bring up.
i
Vice Mayor Regalado: Right. Although, they say that this is a County thing. But, they are
willing to listen to the City of Miami in what we have to say regarding the WAGESS.
Commissioner Plummer: Well, unfortunately I hope that they will because when I went there as
a sole voice in the forest they didn't listen.
Vice Mayor Regalado: Well, they are now.
Commissioner Plummer: OK. Mr. Mayor, calling the role on that, if you would please? And,
then I have a very short item.
Mayor Carollo: Very good.
Commissioner Plummer: Same neighborhood.
Mayor Carollo: Can you call the roll then, Mr. Clerk?
An Ordinance entitled -
AN EMERGENCY ORDINANCE ESTABLISHING THREE (3) SPECIAL
REVENUE FUNDS ENTITLED "JPTA TITLE II -A / ECONOMICALLY
DISADVANTAGED ADULTS (PY'97)", °JPTA TITLE II-C / ECONOMICALLY
DISADVANTAGED YOUTH (PY '97", AND "JTPA TITLE III / DISLOCATED
WORKERS (PY '97)", AND APPROPRIATING FUNDS FOR OPERATION OF
EACH C%OMPONENT IN THE RESPECTIVE AMOUNTS OF $344,655,
$101,200 AND $381,800, FROM U.S. DEPARTMENT OF LABOR GRAND
AWARDS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
i NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY
j ATTORNEY, WITH THE SOUTH FLORIDA EMPLOYMENT AND TRAINING
1 CONSORTIUM (SFETC) FOR THE ACCEPTANCE OF SAID GRANTS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
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.
9 June 9, 1997
I
I
=z.
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. 11505.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Commissioner Plummer: Mr. Mayor, if I may now officially, which I thought has been done,
naming to the WAGESS Board Commissioner Humberto Hernandez, Mr. Hector Gasca from
CAMACOL and Dorothy Weaver from the Greater Miami Chamber of Commerce officially as
our three designates to that WAGESS Board, 1 so move.
Mayor Carollo: There's a motion...
Commissioner Gort: Second.
Mayor Carollo: ... there's a second by Commissioner Gort. Can you call the roll?
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-373
A MOTION RECOMMENDING APPOINTMENT OF THE FOLLOWING LISTED
INDIVIDUALS TO THE WAGESS (WORK AND GAINS ECONOMIC SELF-
SUFFICIENCY) COALITION:
1. HUMBERTO HERNANDEZ
2. HUMBERTO GASCA
3. DOROTHY WEAVER
10 June 9, 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 Plummer: To the Mayor and my colleagues on the Commission, I thank you and
I think that we'll now have about one million dollars ($1,000,000) more money for training and I
want to remind you that there is twenty-six million dollars ($26,000,000) coming down the pipe
in WAGESS from the State of Florida and I'll be at that table fighting for every dollar that we
can. Thank you.
Mayor Carollo: Good job, Commissioner. Th.nk you.
Commissioner Plummer: Uh-huh.
----------------------------------------------------------------------------------------------------------------
4. RATIFY / APPROVE / CONFIRM SOLE SOURCE FINDING -- WAIVE
COMPETITIVE BIDDING -- APPROVE SOFTWARE RELATED
MAINTENANCE SERVICES -- FOR PLANNING AND DEVELOPMENT FROM ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE (ESRI) --
ALLOCATE FUNDS ($14,900 FROM ACCTS. 290202-670 AND 421301-880).
Mayor Carollo: OK, we are now back on Item number two. A resolution. Mr. Manager, would
you like to address it?
Mr. Edward Marquez (City Manager): Yes, sir. The item number two is a resolution
authorizing payment for additional software services so we can better utilize our GIS (General
Information Services) system.
Commissioner Plummer: I move it.
Commissioner Hernandez: I move it. Second it.
Commissioner Plummer: Second.
Mayor Carollo: OK, there is a motion, there is a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
11
June 9, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.97-374
A RESOLUTION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS
FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE
CONTINUATION OF SOFTWARE -RELATED MAINTENANCE SERVICES FOR
THE DEPARTMENT OF PLANNING AND DEVELOPMENT FROM
ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE ("ESRI"), ON A
CONTRACT BASIS, FOR AN INITIAL TERM OF TWO (2) YEARS WITH THREE
(3) OPTIONS TO EXTEND OF ONE (1) YEAR EACH, AT AN ESTIMATED
ANNUAL COST OF $14,900.00; ALLOCATING FUNDS THEREFORE FROM THIS
FISCAL YEAR 1996-1997 OPERATING BUDGETS OF THE POLICE
DEPARTMENT, ACCOUNT CODE NO. 290201-670 ($7,900.00), AND THE
DEPARTMENT OF SOLID WASTE, ACCOUNT CODE NO. 421301-880 ($7,000.00);
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice 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.
----------------------------------------------------------------------------------------------------------------
5. AUTHORIZE INCREASE IN CONTRACT OF BRANCHING OUT, INC, --
FOR ABOVE -GROUND TANK INSTALLATIONS -- ALLOCATE FUNDS
NOT TO EXCEED $12,048.34 FROM CIP PROJECT 311009.
--------------------------------------------------------------------------
Mayor Carollo: We are in item three.
Commissioner Plummer: Move it.
Mayor Carollo: it's moved by Commissioner Plummer.
Commissioner Hernandez: I second it.
12
June 9, 1997
ti.
Commissioner Gort: Under discussion.
Mayor Carollo: Second by Commissioner Hernandez, under discussion.
Commissioner Gort: What are the differences?
Mr. James Kay (Interim Director/Public Works): Pardon me, sir.
Commissioner Gort: From the original date, why the differences?
Mr. Kay: When we got into the project we had originally asked for GSA (General Services
Administration) to pump out the tanks, all of the underground storage tanks. When we got there
we found that the fuel was contaminated, it had too much water in it. And, in addition to that,
GSA did not want to handle the sludge. And, it had to be... 19 drums that we had to dispose of
in the proper manner according to DERM's (Department of Environmental Resources
Management) requirement.
Commissioner Gort: OK, thank you.
Mayor Carollo: Any further questions from the Commission. Hearing none, all in favor signify
by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays."
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-375
A RESOLUTION, AFTER A DULY ADVERTISED PUBLIC HEARING,
AUTHORIZING AN INCREASE IN AN AMOUNT NOT TO EXCEED $12,048.34, IN
THE CONTRACT DATED MARCH 28, 1995, WITH BRANCHING OUT, INC., FOR
THE "ABOVE -GROUND TANK INSTALLATIONS, PHASE TWO, PROJECT B-
5579(Y)"; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT
PROJECT NO. 311009, ENTITLED: "REMOVAL OF UNDERGROUND TANK,"
PREVIOUSLY APPROPRIATED BY CAPITAL IMPROVEMENT ORDINANCE NO.
11337, AS AMENDED, FOR SAID INCREASE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
13 June 9, 1997
N
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.
6. EXTEND 108 LOAN TO GROVITES UNITED TO SURVIVE (GUTS)
REGARDING GOOMBAY PLAZA DEVELOPMENT PROJECT.
Mayor Carollo: Now we are in personal appearances. Number four. If Mrs. Gibson and the
representatives from GUTS (Grovites United to Survive) could come up, please?
Ms. Thelma Gibson: Good morning.
Vice Mayor Regalado: Good Morning.
Mayor Carollo: Good morning, Ms. Gibson.
Ms. Gibson: Mr. Mayor.
Mayor Carollo: It's good having you here today.
Ms. Gibson: Thank you, Mr. Mayor and Mr. Vice Mayor and members of the Commission. It's
my pleasure to be here this morning on behalf of Grovites United to Survive, a group called
GUTS. I think you have had some background information on us and I just want to be very breif
in my presentation. Primarily because we have gone back to 1984. When we were formed there
were 20 Blacks in Coconut Grove and its environment. But, decided we wanted to do something
to help the City and to help the West Grove. We feel that we have a presence here and we know
what the problems that the City has had. And, we believe that we are ready to help solve some
of the problems by putting something back into this community, and we have been trying to do
that. And, for the past ten years now, we have been working on what we consider, we call the
Goombay Plaza. The land is owned by us with the City. And for those of you who may not
know why I say that, it's because we were able to borrow some money from the City and we
were able to accumulate the property and do some improvements there along with Off-street
Parking who came in and put some parking there for us, on that land. So, we know we owe it to
you that we were able to do that much. What we want this morning, as we had applied for 108
grant and it's been in the Law Department now, I guess, for about a year trying to get that
worked out. And, I don't know, Mr. Jones, you are looking squint-eyed at me. I don't know
whether you remember that or not but it came through...
Commissioner Plummer: It's been that long.
14
June 9, 1997
U �
Ms. Gibson: Yeah, it came through Coconut Grove Local Development. Father Fox is sitting
here and for some four years after we were formed Father Fox and Mr. Green and Mr. Phillip
and I, the late Vernon Phillip, ran the streets trying to get something accomplished and
discovered that we couldn't do it on our own. So, in 1988, we gave it to Coconut Grove Local
Development Corporation asking them to be the developers for us. And, so what we need to do
this morning is to ask the Commission if they will ask the... well, we need an extension. Mr.
Mayor, we went to your office and your staff was good enough to do some ground checks for us
and discovered that we need an extension of the 108 request. And, so this is what we need to do
first of all to get an extension on that because it has run out. And, then....
i
Commissioner Plummer: Move it.
Commissioner Hernandez: Second.
Ms. Gibson: I beg your pardon?
Mayor Carollo: There is a motion for an extension on the 108 loan, there is a second. Does staff
need to address this?
Mr. Marquez: No, sir.
Mayor Carollo: OK, 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. 97-376
A RESOLUTION (Pending the Law Department.)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
15 June 9, 1997
,x.
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Commissioner Plummer: Go away and sin no more.
Mayor Carollo: No, no. She's not done.
Ms. Gibson: Don't say anymore? Oh, thank you very much. We are pleased that we can...
Mayor Carollo: You have the extension but I don't think you are done, are you Ms. Gibson or
are you done for now until you come back?
Ms. Gibson: Well, we have to come back because we also have another thing that went with the
two hundred and fifty thousand dollars ($250,000.00) from CDBG (Community Development
Block Grant) funds. And, we had to have an environmental study done and that was done. And,
there are no problems with that. So, we are really ready to move because we really want to put
something back. We want a great corner down there and then the Gibson Memorial Fund will do
something in the center with the hope that we will be able to get the people from the East Grove
to come to the West Grove. And, so we do need to have approval on that, two hundred and fifty
thousand dollars ($250,000,00)...
Vice Mayor Regalado: That will be Ms. Gibson. That will be a blessing for the West Grove.
Although, when you come back, I am sure that you will bring a feasibility study and all the
members that are in place because now the board is provisional, is it not?
Ms. Gibson: Yes. All right. We appreciate that.
Commissioner Plummer: Ms. Gibson, I would hope that you and the members of West Grove
have appreciated what the Police Department has been doing in the last 30 days.
i Ms. Gibson: Oh, we do.
Commissioner Plummer: And, many people are quick to criticize but very slow to say thank
you. I think the people of West Grove need to make sure that the Chief and the department are
very thankful for everything that they have been doing and encourage them to keep up the
pressure as they have to keep West Grove where anyone can walk down the street. So, I ask you
and Father Fox to encourage the people of West Grove. To let it be known to the Chief and to
the department in a very simple, thank you.
Ms. Gibson: We will do that, Mr. Commissioner and I want you to know we have been going to
the meetings and we encourage this kind of process that is going at this time. And, we want to
thank all of you for helping to make it possible.
16 June 9, 1997
Mayor Carollo: Thelma, on the contrary. Thank you, for the patience that you have had
throughout those years and for having the attitude of not giving up, like most other people would
have. And, I complement you and all of your members for the fine work you have done. Thank
you, very much.
Ms. Gibson: Thank you, very much. Thank you.
----------------------------------------------------------------------------------------------------------------
7. (A) PERSONAL APPEARANCE BY MEMBERS OF AFL-CIO UNION. --
ACCEPT ENGAGING OF NORTON, ALLEN AND BLUE LAW FIRM
BY OFF-STREET PARKING AUTHORITY -- FOR LEGAL SERVICES
PERTAINING TO UNIONIZATION -- ALLOCATE FUNDS NOT TO
EXCEED $15,000.
(B) BRIEF COMMENTS REGARDING PRIVATIZATION OF OFF-
STREET PARKING AUTHORITY AND SCHEDULING DISCUSSION
OF MERRILL STEVENS PROJECT ON COMMISSION AGENDA.
(C) INSTRUCT MANAGER TO LIMIT TO 60 NUMBER OF ITEMS ON
AGENDA.
(D) DISCUSSION REGARDING PURCHASE OF TRACK 3 AND
CONVEYANCE OF LEGAL TITLE TO LOT 10 BY OFF-STREET
PARKING AUTHORITY.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: OK, we are now in item number five.
Vice Mayor Regalado: Mr. Mayor, members of the Commission, members of the AFL-CIO
(American Federation of Labor - Congress Industrial Organization). I am sure that they spoke to
all the members of this Commission and they are here to address the Commission regarding their
situation in the Off-street Parking and the union efforts to bring a union into that department.
So, Ms. Monica Russon will...
Commissioner Hernandez: Yes.
Ms. Monica Russo: Thank you. Good morning, Mr. Mayor, Commissioners. Thank you, Vice
Mayor for affording us the opportunity to address you all today. My name is Monica Russo and
I am representing UNITE, and I was asked to come here today by the employees of the Miami
Parking System, Department of Off-street Parking. The employees came to us a couple months
ago seeking representation by a union and a vast majority of them signed up to join our union to
improve their working conditions and to have a voice regarding their future, especially in light of
possible privatization and other things going on. So, UNITE filed a petition with PERC (Public
Employees Relations Committee) last month, May 9th. It was recently amended last week.
And, since then the Department of Off-street Parking has hired the law firm of Allen Norton and
Blue to combat the employees organization efforts and to use... frankly to use public funds to
fight the people's rights. And, there have been letters sent to employees disparaging the union.
There have be--n rumors going around that there will be job loss for engaging in union activity.
So, we are coming here today, on behalf of the employees to ask the City of Miami to do
everything in your power to prohibit the use of public funds to combat the union and also to help
the employees get an expedited, clean, quick, fair election so that they can vote by themselves of
their own free will as to whether or not they desire union representation. So, that's why we are
coming to you this morning.
Mayor Carollo: The only thing that I see that we could do, is just to make a statement to the Off-
street Parking Authority. But, there is nothing that legally we can do to interfere with them.
17 June 9, 1997
They are an independent agency. Now, if any time in the future, the City of Miami would take
other measures including a possible measure of bringing the Off-street Parking Authority as part
directly of the City, then I guess there won't any problem because those employees would be
unionized. Right, Charlie? You will be signing them up, right away. So, now, you know, I wish
there could be more that we could say to you, but this is a matter really that we have no "say so"
in.
Ms. Russo: Do you not have any "say so" regarding the use of public funds, though? I mean,
these are taxpayers dollars that are being used.
Mayor Carollo: As much as we might have in other governmental agencies, like Dade County
government, the State of Florida and others, we cannot interfere in that sense, but... the way they
are running that agency.
Commissioner Hernandez: Mr. Mayor.
Mayor Carollo: Go ahead.
Commissioner Hernandez: Ma'am, wouldn't the employees by unionizing, wouldn't they be
putting themselves in a worst position than they are today, if the City would choose to privatize
the Off-street Parking. Wouldn't they be in fact be running an operation much more expensive
than the private sector and then causing a much more difficult scenario for them to compete with
the private sector? I know that in sitting with people from the private sector, what they usually
do is hire temporary work and do not offer benefits as a union would to their employees. And, I
find that by them discussing possible, the creation of a possible union, they would be putting
themselves in a much more difficult position if we would discuss privatization and if we would
go by way of an RFP process, how they would compete with the private sector. And, have they
considered this?
Ms. Russo: Frankly, the vast majority of the employees have considered this and have decided
that they want a union. Right now what's happening is, their future is totally up in the air, you
know, privatization maybe yes, maybe no. What happens? What happens to our jobs? What
happens to our benefits? Our benefits are going to be cut, you know. There is no... Nobody
knows what is going to happen, so the employees want to have a voice and a "say so" about what
happens in the future. And, that's why they sought unionization in the first place. And, frankly,
our union UNITE, has quite a bit of experience dealing in the private sector and would be able to
facilitate the process in terms of helping them negotiate something fair and at the same time
competitive for the employees. So, it is something that people have done quite a bit of thinking
about since, you know, their jobs are completely in the air at this point. Left up to chance at the
moment.
Commissioner Plummer: Can I ask a question?
Ms. Russo: Yes, sir.
18 June 9, 1997
Commissioner Plummer: Mr. Manager, I am at a lost to understand why we haven't pursued the
so called "privatization" of the Off-street Parking Authority? Unless, I am completely wrong,
the offer, the only offer that I saw, and I understand there is more than one on the table, is the
offer to pay off all of the bonds, give us the eight million dollars ($8,000,000) in surplus funds, if
that's what they are called and to participate with the City in an annual amount of money. Now,
for a City that needs money so badly, it would seem like to me, we would be out there jumping
up and down, if nothing more, to get the eight million dollars ($8,000,000) of so called "funds."
And yet, I don't see anything scheduled. I have not heard anything further, other than reading in
the paper one day that there was such an offer. Can you tell me where we are time wise with
pursuing this matter? I know you got a bushel full of basket, but it just seems like to me that a
basket that has eight million dollars ($8,000,000) in it for a City that's strapped, is one of the
baskets that should be up front. So, can you inform me when you are going to bring this before
the Commission?
Mr. Edward Marquez (City Manager): I can't say exactly when I am going to bring it before the
Commission, but our game plan on reviewing the possibilities associated with the privatization
of the Off-street Parking is going to occur over the next four or five months. What... It's a
complicated issue, Commissioner. You have got the... first of all, you have got commitments on
the cash that they have on hand. They have an ongoing capital plan and made those
commitments.
Commissioner Plummer: OK, I don't want to take up the Commission's... I just thought that
you might have had a time frame...
Mr. Marquez: Well...
Commissioner Plummer: ... and you know, if it's a dead item, then I need to know that.
Mr. Marquez: No, it's...
Commissioner Plummer: If it's going to be within the next 90 days, I think the Commission
should know that. I am just asking for informational purposes.
Mr. Marquez: Oh, I understand that. And, it's not a dead item, absolutely not. One of the
projects that the private sector, Blue Ribbon Task Force, will be looking at, is the options that we
have in the area. I want to try to comprise... compose a group of private sector folks to take a
look at it from all angles because there is multiple policy issues involved with the decision to
seal this at long term parking constraints.
Commissioner Gort: Also, to put you up-to-date, J.L., if you recall, I was appointed to work
with the Off-street Parking. I have been talking to our Finance Director. I have met with some
of the board members of the Off-street Parking and I am meeting next with our Finance Director
and I have certain recommendations. And, then we are going to go back to come up with a plan
and come to you.
Commissioner Plummer: OK, but I mean are we looking at 90 days, 120 days, that something is
going to be before this Commission?
Mr. Marquez: If you are going to give me a time wise, I would say within six months.
Commissioner Plummer: Within six months? That will take us beyond October one. What I am
hoping is, that it could be before October 1, on this recurring revenue problem that we have.
OK, I'll just... And, can I share with some people who have been asking, I am sure all of us, that
you definitely have Merrill Stevens on the agenda for June the 26th?
19 June 9, 1997
t
Mr. Marquez: That's my plan, sir.
Commissioner Plummer: OK. Because, I am sure everybody else is asking you the same
questions they are asking me.
l
Mayor Carollo: Well...
Commissioner Hernandez: Mr. Mayor, go ahead and I'll make a comment after that.
Commissioner Plummer: I am finished.
Mayor Carollo: What I might recommend Commissioners, depending on what we have on June
26th, if need be, put a special day for Merrill Stevens.
Commissioner Plummer: Mr. Mayor, the only thing I was bringing up, people continuously
asking when are we going to get off the dead log and get moving? And, I asked the Manager the
other day and he told me that he definitely planned on no later than the 26th. If you feel that it
needs a special Commission meeting, then that's a different story. But, I would assume that it
would be the 25th or the...
Mayor Carollo: When you have something this important for the City, it's going to be contract,
it's going to last for many years on a prime waterfront property, I certainly think that we will
serve the City best by giving it every appropriate consideration and time that we can. You know
how it is Commissioner that sometimes when we put too many things on the agenda and then we
are rushing through many important that we shouldn't be rushing in. So, on this item, let's see
what the Manager has when we go over the proposed agenda for the 26th. Unless, it's a very
small agenda, I would recommend then that we would do it after the 26th.
Commissioner Plummer: Well, I have reminded the Mayor, the Manager this morning that the
policy of this Commission is that an agenda should have no more than 60 items and that was
what we voted on. And, that's each number item, not 51(a), (b), (c), (d) as one item. I am very
upset again, and Mr. City Attorney, I don't want you to spare any that I read in the paper
yesterday that the people of Merrill Stevens who we gave the opportunity to stay a little bit
longer have filed a lawsuit. I think the audacity of those people after this City Commission bent
over backwards to assist those people and accommodate those people, have the audacity to file a
lawsuit against this City, and they are not going to go. Well, let me tell you something, I'll be
there with the moving van.
Commissioner Hernandez: Mr. Mayor, on the issue of Merrill Stevens, if we put it for the 26th
or we put it for a special agenda item, I would like to ask the City Attorney a question in
reference to this bid and also the City Manager.
Mayor Carollo: Well, if I can? We are getting away from the item that we have in hand. It's
not fair to the people that are here. We can discuss this at the end of the meeting and bring it
back. We'll have time at the end of the meeting. I'll be happy to stay until midnight if we are
not finished. Anything else you would like to address, madam?
Mr. Mike Ozegovich: Yes, sir.
Mayor Carollo: Sir.
20 June 9, 1997
k.
l
Mr. Ozegovich: Mr. Mayor, thank you. I am on the agenda also to speak. My name Mike
Ozegovich, I am the treasurer of the South Florida AFL-CIO. We represent all of the unions in
Monroe and Dade County. There are 85 affiliated unions, including the City employees. The
point we were trying to make and we are not asking for a resolution, we are asking for a working
relationship. We are asking for Mr. Cook to sit down and do the normal. What is going on right
now is abnormal for normal municipality elections. There is a stalling process, that costs money.
That is the cost to the City and what we are asking for is the cooperation that we have always
gotten in the past, that that continue in the future. We do not understand why this is the
exception to the rule. I sit on the WAGESS (Work and Gains Economic Self-sufficiency) Board.
I am on the Budget Committee. I sit on the HEP.(Historical and Environmental Preservation)
Board. We cooperate and work together all the time. And, what we are asking you and Mr.
Cook is to go directly to a consent agreement to go to an election. It's that simple. There is no
cost involved, you don't need a whole lot of lawyers. It just gets done and the people will have
an opportunity to speak, those employees. And, I would also like to make a comment to
Commissioner Hernandez's understanding of what makes these people tick. The reason they
came to the union was because of the privatization issue. They read the paper. As, I said, I
represent 85 unions. They have all been involved in either one side or the other of privatization.
Privatization basically has meant in the past people going out the door, coming back in maybe at
half the wages, no benefits and an awful lot of shenanigans. Very few people make money out
of it, but not the people who have done the work for years. They lose their careers, they lose
their seniority and they have to start all over again. And, then they come to the WAGESS Board
j or to the HEP to get retrained and you start all over again. So, you are getting money in to throw
money out. The process makes no sense whatsoever. What we are asking is, is that common
sense prevail here. When these WAGESS people have to come on to the streets and they have to
go get these jobs and they have to be trained, what are you going to offer them? What is going
to be the privatization people? This is what you are going to be looking for, racket down the
wages in the community? Because, that's what happens. I think you ought to take a look at
Monroe County when Wackenhut was awarded a contract to privatize the correction offices in
Monroe County. Take a good look, Commissioner, you will understand, right? It didn't work
too well. It cost millions of dollars. It was a very bad move and there are others out there just
like that. Privatization in itself, is not an answer. It might be in some cases, but not in all cases.
And, the devastation that it leaves behind for those people who had careers with the community,
that's something you need to be taking a look at also. We are asking for a little bit of
cooperation, a little bit of team work to get this thing done and let the people decide for
themselves. I have seen some of the correspondence there, it doesn't sound like people I know
and I want to see results, if it is at all possible. Thank you.
Mayor Carollo: Well, again, I certainly understand your feelings. One statement that I would
like to clarify is, a statement that you made, as far as wasting the City's funds. The Off-street
Parking Authority is an independent agency. And, unfortunately we don't get to see too many of
their funds. And, that's part of the problem that we are having right now. What I would like to
do is to ask the City Attorney if based upon what you heard here, is there anything that this
Commission could take action in or not?
Mr. A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, I think you have made it clear at the
outset that Off-street Parking is an independent entity, agency of the City and to the extent that
this Commission could do anything, it would only be in the nature of a recommendation, and that
would be a bottom line. I understand that Mr. Clark has been in a situation where he has been
consulting counsel and certainly I'll defer to whatever his counsel has advised him in that regard.
Mayor Carollo: OK, when you are saying he has been consulting, have you hired counsel for
this?
Mr. Clark Cook: No, sir. We have used... we have talked to the City Council, the City Labor
people. We have also used some private counsel to give us some advise and teach us a seminar.
21 June 9, 1997
r ;",
We... At the present time, the union's petition was thrown out by the State and they have
reapplied, I am sure. But, I haven't been notified of that. And, we will be hiring. We talked to
the City Attorney, the City Attorney, and I don't mean to put words in Mr. Quinn's mouth, the
City Attorney agreed that we could, and we have been talking and probably will go, so we will
do so immediately within the very near future.
Mayor Carollo: OK, just remember that before you hire counsel, you need to come back to get a
final approval by this Commission.
Mr. Cook: I...
Mayor Carollo: That's one of the few things...
Mr. Cook: I am willing to take that approval now because I am sure they will refile it, if not, I'll
be standing here at the next meeting. If you would like to save the time, we should....
Mayor Carollo: Mr. City Attorney, have you had the opportunity to go over with Mr. Cook the
different law offices that he has talked to that the Off-street Parking Authority feels comfortable
with?
Mr. Jones: Yes, Mr. Mayor, he has discussed a couple with me and...
Mayor Carollo: OK, do you have any recommendations for any of those to be hired by them?
Mr. Jones: Yes. The firm was Norton, was the first name.
Mr. Cook: Norton, Blue and Allen.
Mr. Jones: Yeah.
Mayor Carollo: OK.
Commissioner Hernandez: I make a motion to accept it.
Mayor Carollo: There is a motion to accept it, is there a second? The law firm of Norton to
represent the Off-street Parking Authority.
Commissioner Plummer: Who is paying for it?
Commissioner Gort: Under discussion. Off-street Parking.
Mayor Carollo: Did you second it to bring it under discussion, Commissioner?
Commissioner Plummer: What?
Mayor Carollo: OK, it's been second, so it could be discussed.
Commissioner Gort: Under discussion, Clark, what problem do you have? Do your employees
do want to go to a vote on this and what's the legal problem on this?
Mr. Cook: Commissioner, it's standard union organization situation. They come in with a group
of cards and they say that the majority of the union... It's my personal belief... I haven't been
experienced to union organization efforts before. And, my recommendation to my board that we
proceed and hire outside counsel, particularly after I have talked with the City Attorney and with
22 June 9, 1997
.
0
your City Attorney law people. Get this thing on level ground and go forward. No, I do not
believe the majority of employees want to join the union and I believe that the election would go
the other way. You asked for my opinion and I gave it to you.
Vice Mayor Regalado: Has any employees been told that if they proceed with the union they
will be fired or anything?
Mr. Cook: Commissioner, I would never make that mistake nor would I allow my employees to
make that mistake. That's why I have the seminar. We do not make that mistake.
Commissioner Plummer: Well, let me ask a question? When you spoke with me you made
some mention of the fact that this had gone to PERC (Public Employees Relations Commission)
in Tallahassee and was returned.
Mr. Cook: That's correct. PERC rejected their petition. They will refile their petition though,
Commissioner. Probably, have already refiled it. I just haven't been notified of it. I wouldn't
be notified quite that time. I can assure you they have been... they have refiled. And, this would
be the appropriate time to give me permission to go forward and do it.
Mayor Carollo: Hold on for a minute, Clark. Would you like to address this?
Ms. Russon: Yes, we filed a petition on May the 9th and it was in fact, rejected. PERC asked us
to make a clarification regarding the bargaining unit which we did. The petition was not
dismissed so apparently legal advise isn't that great, so far. And, we have refiled our
responsorship call order last week. In fact, 12 signed the petition, amending the petition.
Mr. Cook: I anticipated that would happen. I just haven't been notified.
Mr. Russo: Well, your lawyer has been notified by our attorney who is here to my left.
Mayor Carollo: What lawyer did you notify?
Ms. Russo: Peter Sanbow of Norton, Allen and Blue.
Mayor Carollo: Well...
Mr. Cook: We used them to teach a seminar because this issue came up. We used our training
dollars to give us some advice.
Mayor Carollo: Yeah, yeah. But, I am little confused, Clark. I keep hearing seminar, she says
it's the attorney that we send information to. It seems to me that we need to approve this law
firm for you, before...
Mr. Cook: I think you do, too, sir. Before I get my... Before we go any farther on this thing.
Mayor Carollo: Yeah, yeah. Before you get in trouble with us. Not just with them.
Mr. Cook: Before I get in trouble with you, yeah. You are absolutely correct. We moved... this
thing came up very quick and we got some advice from the City Attorney and we have used a lot
of information. We have talked to a number of labor attorneys. We do need approval this
morning.
Commissioner Plummer: Well, you know, I am going to vote for you but you got to give me,
not to exceed number.
23 June 9, 1997
•e
Mayor Carollo: Yeah, I was going to bring it up.
Mr. Cook: Commissioner, I'll be glad to do that if I had a number in the back of my head.
Commissioner Plummer: Fifteen? Not to exceed fifteen thousand.
Mr. Cook: I agree.
Commissioner Plummer: That was the recommendation of the City Attorney.
Mayor Carollo: The recommendation is not to exceed fifteen thousand. Is that fine with the
maker and seconder of the motion?
Commissioner Plummer: Yeah.
Commissioner Hernandez: That's fine.
Mr. Mark Richard: Mr. Mayor, can we address that for a second or...?
Mayor Carollo: Yes.
Mr. Richard: My name is Mark Richard, I am the lawyer for UNITE as well the AFL-CIO.
Many of you know me. Let me just take one minute to explain the process. When you want a
union election of public employees, you have four unions here, you go to PERC in Tallahassee.
Three appointed Commissioners. And, the first thing you have to do is describe what employees
you think should be appropriate. You can't have manager in the same union as workers, you
can't have, you know, the head of your Police Department the same union as the FOP (Fraternity
Order of Police) street patrol officers. We didn't know all the different titles so we sent a
petition up and we had Mr. Cook's office to send us a list of every job description which they
eventually did. And, so all PERC has said to us is, we need the broadest description of job
classifications because that's the law and that's all been taken care of. And there are ultimately
only three choices you can make, and two of them cost nothing. The first choice, under Florida
Law, under Chapter 447 is to ask a third party outside person to verify that the cards the
employees sign and we have well over 50 percent are valid. He disagrees, but there is a process
and we offer Florida International University. They have a center for labor studies out there.
It's free. They are willing to do it. He does not have to accept that and they have rejected it,
that's fine. The next thing you can do is what's called the consent elections, like when you run
for office. The parties get together, pick a date, usually around pay day and let the workers have
their voice. And, that costs about two or three hours of legal time, literally. You pick the dates,
the locations and the time. And, I have been doing this for 20 years. I know Ed, from the Dade
County, we have over 12 unions there. We have had not a problem with a single municipality in
this City on consent elections. And, then the workers will find out what they think. The third
thing is to just end up in protracted litigation which, we can't even imagine what the issue would
be because there is only two issues. And that is whether or not which employees get to vote and
when they get to vote. All we are asking for... we understand your autonomy. I understand the
law. But, we have never, that I can think of, and I am talking since 1980 being the lawyer for the
AFL-CIO come up against a municipality whose first position is, let's hire somebody to try to
stop or... I am not saying you are doing that.
Mayor Carollo: I am sorry, I am sorry. The area, I totally disagree with you and I have to
correct you on...
Mr. Richard: I understand that. No, I know that, Mayor, you are not.
24
June 9, 1997
Mayor Carollo: ... is, you are not going up against the City of Miami. That's the Off-street
Parking Authority. That's a totally independent agency.
Mr. Richard: We understand that.
Mayor Carollo: You know, we are the City of Miami, that's them. We have our own problems
with them that I don't want to bring up here and complicate it. So, it's not the City of Miami.
The City of Miami has a good relationship with the AFL-CIO.
Mr. Richard: That's excellent. I guess our only recommendation would be, before money is
spent and attorneys are brought in, because, you know, Quinn Jones Office, especially in Labor
Relations is as good as anybody in the State. And, I sincerely mean that. From Linda... All of
them are.
Mayor Carollo: Quinn, you better listen up, you are getting endorsements.
Mr. Richard: Quinn, I am giving you a compliment.
Mr. Jones: Oh, thank you.
Mr. Richard: And, so why don't we sit down in two or three days, try to work out a consent
election. Clark can do that, he knows that. And, if that isn't done, then you all can go back to
the drawing board but we are this close to having an election date and the list of employees and
going forth and letting democracy rule.
Commissioner Plummer: Just because we have approved the money doesn't mean he has to
spend it. Now, if you were dealing with the City, I think you would be dealing on a different turf
than what you are presently. I think as a City Commissioner voting here today, allowing this
money to be, is a request of an agency, semi -autonomous, who said we would like to have legal
representation. And, I don't know how you vote against that, OK. It doesn't mean the money
has to be spent. And, I don't think that the money being spent, and I'll say this to Mr. Cook.
Mr. Cook is not to fight the union but to represent the Off-street Parking Authority in a good and
righteous manner, OK?
Mr. Richard: Well, we will show you later some of the literature that's come out, but really
appreciate it. I guess the last thing we would ask for your moral persuasion to have reasonable
people who have all been friends for too long and work too hard through many processes and
dilemmas, if we could all sit down and get a date this week to talk, there is no reason we all can't
talk. And, I know Clark is ready, willing and able...
Mr. Cook: I have been for a long time.
Mr. Richard: ... and that would at least be the sense of this Commission, in the sense that we
hear here today because that could be carried out at least in your discussions.
Mayor Carollo: I wish that we could persuade them to do that and other things too.
Commissioner Plummer: Yeah.
Commissioner Gort: We are trying to do that ourselves.
Commissioner Plummer: Yeah.
25 June 9, 1997
Mayor Carollo: Which brings me up to the thought of Clark...
Mr. Cook: Did you take the vote, sir?
Mayor Carollo: No, we haven't. The other property that you were going to be buying from the
City of Miami, what's happened with that?
Commissioner Gort: It's a pocket item on the agenda. I got it.
Mayor Carollo: Well, let me hear from Clark.
Mr. Cook: There is a pocket item on the... Today, that will solve part of that problem. And, the
other part of the problem, Mr. Mayor, I am still working on. I have got to find an asset to buy
first.
Mayor Carollo: Yeah, this was part of the problem. This is...
Commissioner Plummer: Joe, you ought to tell these people, they are finished.
Mayor Carollo: Well, they are not until we vote. I mean, they might want to...
Commissioner Plummer: Oh, OK.
Mayor Carollo: ... give some additional input. We still have another piece of property that you
have brought up to us.
Mr. Cook: There is one other piece of property that this lot ten thing, I think, would generate
some of the funds you are looking for. But, even then Mayor, I made the commitment to you that
I would continue to look. I have talked to Jack. I have talked to his Asset Manager people. I
have talked to the City Manager and I will continue to do that. I will do everything I can but fail
the discussion we had, I have to got find assets that are parking related. And, I just got to work
harder to find them, that's all.
Mayor Carollo: We need that, Clark, before the end of this fiscal year.
Mr. Cook: I read you loud and clear, Mr. Mayor.
Commissioner Plummer: Is this lot three?
Mayor Carollo: Lot three, they are buying now.
Commissioner Plummer: That's no problem.
Mayor Carollo: But, they are buying like three for the same price as lot three and lot ten. But,
that's another story unto itself.
Commissioner Plummer: Yeah, but lot ten is where I have got some areas of concern as far as
the legality. Lot three, I don't have a problem with.
26 June 9, 1997
Mayor Carollo: No, but they have tied it in together. Clark, I guess the best way that I could put
it in is we really need for the Off-street Parking Authority to come to the play for the City like
other agencies have. And, what my colleague in the extreme left stated, you know, he was
speaking for more than himself. We will speed that process up tremendously, including the City
Attorney is still on the works of getting back to me with some legal opinions that seem very
favorable to us on charging for meters that are in our City sidewalks, a fee every year. So...
Mr. Cook: I understand, Mayor. And, I think you made your point quite well and I don't,
rather... I think I understand your position quite clearly.
Mayor Carollo: I have to look out for the best interest of the City, Clark. This is nothing
personal.
Mr. Clark: Yes. And, I realize that. And, I believe my parking system has tried diligently to do
that and perform its duty appropriately. Obviously, I am hired by Miami Parking System and my
job is to look after that and I will do that. But, I understand the dual need here and I have
worked very hard with our board to meet that. I think today is the first step and we will take the
second step in the near future, as soon as I can find the appropriate assets. And, I will not rest
until I do.
Mayor Carollo: I just hope, Clark, that you understand what my position is...
Mr. Clark: I have no doubt.
Mayor Carollo: ... so that if down the road something different happens, you know, you can't
say that you weren't forewarned.
Mr. Cook: I cannot say that, sir.
Mayor Carollo: We... When we have pools in the inner City that are only going to be opened
for ten weeks during the summer, and not the rest of the year, when we have had to cut back on
our recycling for the next fiscal year. When we had to make many other cuts, I cannot sit back
and let Off-street Parking not come and be this City's partner that it should be. Any...?
Commissioner Gort: I think he is aware also that Miami needs the City. The parking system
needs the City. That the City is no parking system.
Mayor Carollo: Anyway, hearing no further discussion, call the roll, Mr. Clerk?
27 June 9, 1997
.ya fr !• .u� Y1
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The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-377
i A RESOLUTION APPROVING THE ENGAGEMENT BY THE DEPARTMENT OF
OFF-STREET PARKING OF THE LAW FIRM OF NORTON, ALLEN AND BLUE,
P.A. TO PROVIDE LEGAL SERVICES CONCERNING THE PROPOSED
UNIONIZATION OF SAID DEPARTMENT'S EMPLOYEES; ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $15,000, FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
Mayor Carollo: Yes. Thank you.
Ms. Russon: Thank you.
Mr. Richard: Mr. Mayor, thank you very much. We appreciate very much the opportunity to be
heard.
NOTE FOR THE RECORD: Item six is no show. Item seven has
been withdrawn.
Mayor Carollo: Certainly, thank you, for your input. OK, we are now in item number six. Item
six, is there anyone present for item six. OK, they are not here I gather. Item seven has been
withdrawn.
28
June 9, 1997
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8. INSTRUCT CITY ATTORNEY TO DRAFT ORDINANCE INCREASING
NUMBER OF OUTDOOR ADVERTISING SIGNS IN CITY.
Mayor Carollo: We are now in item number eight.
Ms. Lucia Dougherty: Good morning, Mr. Mayor, members of the Commission, Lucia
Dougherty with offices at 1221 Brickell Avenue. I am here today on behalf of A. K. Media as
well as Outdoor Advertising. And, our request today is for you to reenact an ordinance that
passed in the 1980's which permitted 10 outdoor advertising signs in the City of Miami in total.
All of which had to be west of 95, they had to be a certain size, they had to be 1,000 feet distance
from each other. And, in 1990 when you passed 11000 unbeknownst to any of the advertising
industry, that legislation was taken out. Meaning the nine permitted have been now
nonconforming uses or nonconforming signs and the one additional sign never got permitted. So
we would request that you ask your Planning Director to initiate, with the Planning Board,
legislation that would reenact these ten signs in the City of Miami.
Commissioner Plummer: How does it happen that we pass something and then all of a sudden
we didn't pass something? Hello, anybody home?
Mr. Jack Luft (Director of Planning and Development): Are you talking about the loth sign or
are you talking about the nonconforming?
Commissioner Plummer: Well, I obviously... I was on this Commission when we passed the ten
and...
Mr. Luft: The Commission did pass subsequent legislation withdrawing the loth sign?
Commissioner Plummer: We did?
Mr. Luft: Yes, you did.
Ms. Dougherty: Meaning nine signs. But, now all of the signs are illegal or nonconforming.
Commissioner Plummer: Why?
Mr. Luft: If I had been here in 1990 to answer the question, I would. But, I wasn't. So, I don't
know why.
Commissioner Plummer: Well, but I mean, was it a...
Mayor Carollo: That was in 1990 when it was done?
Commissioner Plummer: Was a...
Mayor Carollo: ... a change or...
Commissioner Plummer: ... of the 11000, is that what it was?
Mr. Luft: Yes. It was a complete rewrite of 11000 at the time and for some reason the mention
that was in 9500 or the section addressing those...
29 June 9, 1997
k
Commissioner Plummer: You know, Jack...
Mr. Luft:... nine signs...
Commissioner Plummer: ... you are not guilty and neither is the Managcr and probably Quinn
isn't either. But, you know, let me tell you something, there is not... very few agendas that we
go through that doesn't have at least four, five, six, seven amendments to 11000 to try and
correct something we thought we did right. And, every day more and more we are finding out
that 11000 was not the so called "perfect instrument" we though it was, and here is another case.
Vice Mayor Regalado: Mr. Mayor?
Mayor Carollo: Go ahead.
G
Vice Mayor Regalado: I move to bring back the City Code, the old resolution. and have those
signs conforming and the 10th conforming.
Commissioner Hernandez: Second.
Mayor Carollo: There is a motion, there is a second. Is there any further statements from the
administration?
Mr. A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, just a note that that would have to
be... just for the record, that would have to be a public hearing.
Commissioner Plummer: Of course.
Mr. Jones: And, just... Commissioner Plummer, I think at the time that this was amended to
exclude the loth sign, I believe, if my recollection serves me, that that was done because the
County, in terms of an ordinance that they had passed. Because of the blight that they were
concerned about, the billboard blight, whatever, and I think this was an attempt to work with
them to limit the number of signs so that... I think that was basically how this came to be.
Commissioner Plummer: Well, my...
Vice Mayor Regalado: I have seen signs off I-95, not of course in the City of Miami, right there,
I-95. And, this is the County. I am talking about the County. I don't see why we have to follow
the County lead and...
Mr. Edward Marquez (City Manager): Mr. Mayor...
Mayor Carollo: Yes.
Mr. Marquez: ... Commissioners? What I would ask as opposed to voting, in making the signs
conforming is for us to give the Planning Department an opportunity to report back you as to
what the administration's viewpoints would be on this regard. Because, as I read this item, I
understood it as dealing with whether or not one side should be in or out. It's more than that. It
has the issue of, yeah, quality of life connotation to it. And, I would like to have the input of the
Planning Department, formally.
Commissioner Plummer: Wouldn't that come out in a hearing?
Ms. Dougherty: Yes, I would ask that you have it through the Planning staff to the Planning
Board. And, that way you could have all the input that they would need.
30 June 9, 1997
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Mr. Marquez: That's acceptable. Not to act right now on it.
Mayor Carollo: Let's see if I could understand. Let's go over again what you stated and what he
agreed to that...
Ms. Dougherty: Then, all I have asked is that you refer this to the Planning staff to put on the
Planning Board agenda a request, it will be our request, of course, they will put what they want
to, to reenact these 10 signs, making the nine nonconforming signs conforming again and the one
additional sign that the Dade County does permit, and it still does permit this one additional sign.
Mr. Jones: I thought the request was going to make the... to amend the ordinance to allow the
10th sign to be a legal nonconforming use consistent with the nine that already exist.
Ms. Dougherty: That's not my request but that maybe your recommendation.
Mr. Jones: Yeah, well that's the way I think it should properly be done.
Ms. Dougherty: However, you want to do it.
Mr. Jones: So anyway, we will work and see what's the most efficacious way of doing it.
Mr. Luft: What's that mean?
Commissioner Plummer: Look it up, Jack.
Mayor Carollo: Well, I think it's a little clearer now...
Mr. Luft: Yes, sir.
Mayor Carollo: ... what they are asking...
Mr. Luft: Yes.
Mayor Carollo: ... might not be necessarily what staff might recommend. But, nevertheless,
there is a motion and there is a second. Is there any further discussion from the Commission,
from staff, from the attorney? Hearing none... Do you have something else there, Mr. Manager
or...?
Mr. Marquez: No, sir.
Mayor Carollo: OK. Hearing none, all in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
31 June 9, 1997
The following motion was introduced by Vice Mayor Regalado, who moved its adoption:
MOTION NO. 96-378
A MOTION INSTRUCTING THE CITY ATTORNEY TO DRAFT AN ORDINANCE
TO ALLOW AN ADDITIONAL OUTDOOR ADVERTISING SIGN IN THE CITY OF
MIAMI THEREBY INCREASING THE NUMBER OF SUCH PERMITTED SIGNS
FROM 9 TO 10.
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Ms. Dougherty: Thank you, very much.
Mayor Carollo: Thank you.
----------------------------------------------------------------------------------------------------------------
9. BRIEF DISCUSSION / DIRECT CITY ATTORNEY TO REVIEW
INFORMATION REGARDING NEWSPAPERS RACKS -- FURTHER
INSTRUCTING CITY ATTORNEY TO MEET WITH CITY MANAGER
REGARDING SAME AND TO SCHEDULE SAID ISSUE AS PUBLIC
HEARING -- SEE LABEL 22.
Commissioner Plummer: Mr. Mayor, as you know, in all of the town hall meetings, there has
always been the request in reference to newspaper racks. I have now gathered all the
information that the City has asked. I am going to turn it over to the City Attorney and in
conjunction with the City Attorney and the City Manager can bring it back as soon as you wish.
The ordinances that have been used in other cities that have already stood the test of
constitutionality are all incorporated in the material. And, Mr. City Attorney, once you have had
the opportunity to go over it, I would ask you to do likewise with the City Manager and then you
can schedule it back before this Commission for a public hearing.
Commissioner Gort: Great, we need that.
32
June 9, 1997
sl%r!>,A41,
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10. DISCUSS REQUEST FROM COMMUNITY INVESTMENT CONSORTIUM
TO PURCHASE LOTS IN MODEL CITY AREA.-- DIRECT CITY MANAGER
TO REVIEW REQUEST AND RESCHEDULE FOR COMMISSION MEETING
OF JUNE 26, 1997.
Commissioner Gort: I move ten, Mr. Mayor?
Commissioner Plummer: What about nine?
Commissioner Gort: What about nine?
Mayor Carollo: OK, nine is...
Mr. Jack Arias: Good morning, my name is Jack Arias, 1201 South Ocean Drive, Hollywood,
Florida. Item nine is a request that the City approved the sale of five lots for low income
housing in the Model Cities area. These lots have been owned by the City of Miami for about
six years. They were originally approved to be sold to Habitat and Habitat had one year to buy
the lots and build houses and they weren't able to get the funding during that year. Now, our
group, the Community Investment Consortium ,wishes to purchase the lots and we want to make
them available to Habitat to build. We are going to give Habitat first shot at them, but if Habitat
cannot build... Because, I was talking to Ann Manning on Friday and they have a lot of different
projects on their plate, we want to buy the lots from the City of Miami and if Habitat isn't ready,
we want to give them to another nonprofit group, the CDC (Community Development
Corporation) to build five low income houses in the Model Cities area. So, I was just told on
Friday that this item was going to be on the agenda today. And, the item is worded a little
differently than I would have preferred. What I would prefer is that the City approve the sale of
these five lots for seventeen thousand four hundred dollars ($17,400) with the understanding that
the Community Investment Consortium will first make these lots available to Habitat. If Habitat
cannot build on the lots then we are going to make the lots available to another nonprofit group
that will build low income housing in the Model Cities area.
Commissioner Plummer: Does that mean they are going to go back on the tax rolls?
Mr. Arias: Yes, sir. They have been off the tax rolls now for six years. The five lots have been
sitting empty. The City of Miami is losing seventeen thousand four hundred plus all of the tax
income it could generate when five houses are built.
Commissioner Plummer: Mr. City Manager are the lots worth seventeen five, more money, less
money? Have you had an appraisal? How much did the City pay for them?
Mr. Jeff Hepburn (Assistant Director/Housing): The City's cost for the acquisition of these five
lots was thirty-four thousand dollars ($34,000).
Commissioner Plummer: All five?
Mr. Hepburn: That's correct.
Commissioner Plummer: So, seventeen five each? Is that what we are getting?
33
June 9, 1997
Mr. Hepburn: No, we are talking about basically selling these lots at 50 percent of our
acquisition cost.
Mr. Edward Marquez (City Manager): These are acquisitions under the Community
i Development plan. Block Grant Program where it allows....
Commissioner Plummer: Yeah, but if we paid thirty-four thousand, why would be turn them
over to them for seventeen five?
Mr. Marquez: So that the construction cost, once you build a house on it, they can sell it to a low
income person.
Commissioner Plummer: At a lower price.
Mr. Marquez: At a lower price.
Mr. Hepburn: We are talking about trying to pass the savings on to the home buyers.
Commissioner Gort: Joe, if you remember, we, I think last year we did something very similar
to it in order to create the affordable housing in this area and to lower the...
Commissioner Plummer: Yeah, Willy, my concern is all I read about Habitat for Humanity is in
serious trouble.
Commissioner Gort: Humanity.
Commissioner Plummer: Yeah.
Commissioner Gort: OK.
Mr. Hepburn: Commissioner, that's an affiliate down in Homestead. This is not the same group
that we are talking about working with. They have done an excellent job in Overtown and
throughout the County.
Commissioner Plummer: What do we know about this company called Community Investment
Consortium? Who are they?
Mr. Hepburn: What I understand, and I'll let him speak to that. What I understand is, they are
going to put up the funding to actually acquire these lots for Habitat. But, in my judgement, the
title would be...
Commissioner Plummer: Yeah, it's a hell of a buy.
Mr. Hepburn: ... it would have to be in the name of Habitat.
Commissioner Plummer: Three thousand dollars ($3,000) a lot.
Mr. Arias: Yes, we are buying these lots to help the low income areas and our consortium is not
making any profit. We are going to provide low interest financing to the CDC that builds these
low income houses. The City...
Commissioner Plummer: Mr. Manager, do you know who this organization is, I am sorry to say,
I have never heard of them.
34 June 9, 1997
Mr. Marquez: No, sir.
Commissioner Plummer: Well, I am not about to do this kind of a thing without knowing who I
am doing business with. And, I would ask the Manager to please investigate who Community
Investment Consortium is and who are the people involved in that and then bring it back to this
City Commission at the next meeting.
Mr. Arias: Well, I can tell you, Commissioner Plummer, the Community Investment
Consortium is civic minded people that are trying to help the low income neighborhoods. We
have three banking...
j Commissioner Plummer: At no disrespect to you or to this consortium, I have heard those words
used before and then read about it in the paper at a later time embarrassment. All I am saying is,
who are these people, what is their tract record. If we are going to be doing business as such
with you, I would like to know who they are.
Commissioner Gort: I have a question. These three banks you represent here, are they part of
the consortium?
Mr. Arias: Yes, sir. They are Ocean Mart Bank, Eagle Bank and TransAtlantic Bank. And
there is also quite a few other organizations, Tools for Change, various groups of low income
concerned individuals. It's a nonprofit group. We have held seminars at the Caleb Center for
the community, giving loan programs, credit assistance programs and so on. Everybody that
belongs to the consortium are volunteers, are people who are working without profit. What we
are doing now is, we are taking five lots from the City of Miami and...
Commissioner Gort: We understand, and I think that we agree with that. But, I think that one of
the Commissioners would like to have more information and probably bring you back the next
meeting.
Commissioner Plummer: Sir, don't misunderstand my terminology, that I am speaking
despairingly of your organization. I don't know your organization and I think that before this
Commission votes, they should know who they are dealing with.
Mr. Arias: Well, I would like to come back, if necessary. But, I think your staff, and you know,
with all due respect, should have been able to inform you who we were and the good that we are
doing in the community.
Commissioner Plummer: Well, sir, they are over there shaking their head, OK? Now, whether
my staff dropped the ball or whether my staff doesn't know you otherwise...
Mr. Arias: OK.
Commissioner Plummer: ... that's all I can tell you.
Mr. Arias: OK, then when will this come back then for...
Commissioner Gort: Would you allow him to talk?
Commissioner Plummer: The 26th is fine.
Mr. Arias: The 26th of June?
Commissioner Plummer: If they can find out who you are by then, yes, sir.
35 June 9, 1997
Mr. Arias: OK, I'll be back on the 26th.
Commissioner Plummer: I will be putting a... if we do proceed with the sale, there is going to be
a drop dead date as far as when construction must start.
Mr. Arias: Absolutely. Because, if Habitat can't build, we want to sell them to, not sell them,
we want to provide them to another community development group...
Commissioner Plummer: I will also...
Mr. Arias: ... so that houses will get built on these five lots.
Commissioner Plummer: And, I must also put a stipulation is, you cannot sell them to any of
these organizations for more money than what you paid the City.
Mr. Arias: We are not going to sell them, we are going to give them to an organization. We are
not selling them. I used the wrong word. We are going to provide them to a CDC to build
houses and we are going to provide non -interest bearing loans. The banks are going to give the
value of the lots without interest for as many years as the developer needs to repay the loan
without interest. So, what we are doing is a charitable type thing and that's what we are
concerned about. I'll be back on the 26th, Thank you.
------------------------ ----------------------------------------------------------------------------------------
11. EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND :
CALI CARTEL ENFORCEMENT -- ACCEPT GRANT FOR $27,500 FROM
MONROE COUNTY SHERIFF'S OFFICE.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Regalado: We have item six on personal appearances here, Mr. Cardeas. We don't.
Right, then we go on to item
Commissioner Plummer: Ten.
Vice Mayor Regalado: Ten.
Commissioner Hernandez: I move. I move item ten.
Commissioner Gort: Second.
Vice Mayor Regalado: OK, there is a motion by Commissioner Hernandez second by
Commissioner Gort.
Mr. A. Quinn Jones, III, (City Attorney): An emergency...
Vice Mayor Regalado: Yes. Ms. City Attorney.
36
June 9, 1997
[At this point, the City Attorney read the ordinance into the public records.]
An Ordinance entitled -
AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL REVENUE
FUND ENTITLED: "CALI CARTEL ENFORCEMENT," AND
APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN A TOTAL
AMOUNT OF $27,500.00, CONSISTING OF A GRANT FROM THE MONROE
COUNTY SHERIFFS OFFICE; AUTHORIZING THE CITY MANAGER TO
ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE;
CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE.
was introduced by Commissioner Hernandez and seconded by Commissioner Gort, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
Whereupon the Commission on motion of Commissioner Hernandez and seconded by
Commissioner Gort, adopted said ordinance by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS:
ABSENT:
None.
Mayor Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11506.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
37
June 9, 1997
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12. EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND:
STREET LEVEL HEROIN SUPPRESSION -- ACCEPT GRANT FOR $22,500
FROM MONROE COUNTY SHERIFF'S OFFICE.
Vice Mayor Regalado: Item 11.
Commissioner Gort: Move it.
Commissioner Hernandez: Second.
Vice Mayor Regalado: OK, there is a motion by Commissioner Gort, second by Commissioner
Hernandez. Mr. City Attorney?
[At this point, the City Attorney read the motion into the public records.]
Vice Mayor Regalado: Call the roll.
An Ordinance entitled -
AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL REVENUE
FUND ENTITLED: "STREET LEVEL HEROIN SUPPRESSION," AND
APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN A TOTAL
AMOUNT OF $22,500.00, CONSISTING OF A GRANT FROM THE MONROE
COUNTY SHERIFFS OFFICE; AUTHORIZING THE CITY MANAGER TO
ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE;
CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE.
was introduced by Commissioner 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.
38 June 9, 1997
R755S�N �
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. 11507.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
13. (A) ACCEPT TWO GRANTS ($323,190 TOTAL) FROM STATE OF
FLORIDA TO FUND PROGRAMS FOR DEVELOPMENTALLY
DISABLED IN PARKS AND RECREATION DEPARTMENT.
(B) EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE
FUND, PROGRAMS FOR THE DEVELOPMENTALLY
DISABLED -- ACCEPT GRANTS FROM STATE OF FLORIDA FOR
$323,190.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Move 12.
Commissioner Gort: Second.
Mayor Carollo: There is a motion for item 12, second by Commissioner Gort. Can you read the
ordinance, please?
[At this point, the City Attorney read the ordinance into the public records.]
Mayor Carollo: Before you call the roll, this is a companion to 36, Mr. City Attorney, correct?
Mr. A. Quinn Jones, III, Esq. (City Attorney): That's correct, sir. Technically, 36 should really
have been...
Mayor Carollo: Technically, shouldn't we take 36 first, before 12?
Mr. Jones: Yes, that's correct.
Mayor Carollo: OK, if the maker of the motion of the seconder would withdraw it, or better yet,
if we get a substitute motion on 36, which is a resolution.
Commissioner Plummer: I'll move 36.
Commissioner Gort: Second.
39
June 9, 1997
w x^
Mayor Carollo: There is a motion on 36, second by Commissioner Gort. 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.97-379
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT TWO
GRANTS, ONE IN AN ESTIMATED AMOUNT OF $44,838.00, FROM THE STATE
OF FLORIDA, DEPARTMENT OF CHILDREN AND FAMILIES AND ANOTHER IN
AN ESTIMATED AMOUNT OF $278,352.00 FROM THE STATE OF FLORIDA
AGENCY FOR HEALTH CARE ADMINISTRATION, MEDICAID PROGRAM
DEVELOPMENT; SAID GRANTS TO FUND PROGRAMS FOR THE
DEVELOPMENTALLY DISABLED WHICH ARE ADMINISTERED BY THE
PARKS AND RECREATION DEPARTMENT THROUGH ITS PROGRAMS FOR
PERSONS WITH DISABILITIES DURING THE PERIOD OF JULY 1, 1997
THROUGH JUNE 30, 1998; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENTS(S), IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR ACCEPTANCE OF SAID GRANTS.
(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: Now, we will go back to the original motion that was there. The ordinance was
read, if you will call the roll call, please?
40
June 9, 1997
sa,
it
'x
An Ordinance entitled -
AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL REVENUE
FUND ENTITLED: "PROGRAMS FOR THE DEVELOPMENTALLY
DISABLED - 1997-98"; APPROPRIATING FUNDS FOR THE OPERATION OF
SAID PROGRAMS, IN THE ESTIMATED TOTAL AMOUNT $323,190,
CONSISTING OF A GRANT, IN AN ESTIMATED AMOUNT OF $44,838,
FROM THE STATE OF FLORIDA DEPARTMENT OF CHILDREN AND
FAMILIES AND A GRANT, IN AN ESTIMATED AMOUNT OF $278,352,
FROM THE STATE OF FLORIDA AGENCY FOR HEALTHCARE
ADMINISTRATION, MEDICAID PROGRAM DEVELOPMENT; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
lwas
introduced by Commissioner Plummer and seconded by Commissioner Gort, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
i
Mayor Joe Carollo
NAYS: None.
I
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Gort, 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. 11508.
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.
41 June 9, 1997
•---------------------------------------------------------------------------------------------------------------
14. EMERGENCY ORDINANCE: AMEND ORDINANCE 11274
ESTABLISHING SPECIAL REVENUE FUND "INITIATIVES GRANT FOR
OUTREACH TO THE HOMELESS" -- INCREASE APPROPRIATIONS TO
SAID FUND BY $261,105 FROM UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT GRANT.
Commissioner Plummer: Mr. Mayor, these are the same kind of things that I brought to you this
morning, the delay, the use of these monies by virtue of having to get the grant, to accept the
grant, to implement the grant. It's the same thing that's killing us in the WAGESS and in the
Jobs Training Programs where if we change this procedure we could implement these programs
much sooner and start using this money much sooner. And, more importantly, wouldn't have to
brought before this Commission on an emergency item basis, rather than a regular ordinance.
Mayor Carollo: I agree, Commissioner.
Commissioner Plummer: I move item 13.
Mayor Carollo: There is a motion for item 13.
Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Hernandez. Can you read the ordinance?
[At this point, the City Attorney read the ordinance into the public records.]
Mayor Carollo: Call the roll.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11274,
ADOPTED JULY 13, 1995, AS AMENDED, WHICH ESTABLISHED A
SPECIAL REVENUE FUND ENTITLED: "INITIATIVES GRANT FOR
OUTREACH TO THE HOMELESS" BY FURTHER INCREASING THE
APPROPRIATIONS TO SAID FUND, IN THE AMOUNT OF $261,105,
` CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT ("USHUD") THROUGH THE DADE
COUNTY HOMELESS TRUST ("TRUST"), AN AGENCY OF METROPOLITAN
DADE COUNTY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
42 June 9,1997
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. 11509.
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. EMERGENCY ORDINANCE: AMEND CAPITAL IMPROVEMENTS
ORDINANCE 11337 -- REVISE SCHEDULED CAPITAL IMPROVEMENT
PROJECT 351283, WATSON ISLAND SANITARY SEWER.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Move 14.
Commissioner Hernandez: Second.
Mayor Carollo: Fourteen has been moved and seconded. Read the ordinance.
[At this point, the City Attorney read the ordinance into the public records.]
Mayor Carollo: Call the roll.
43
June 9, 1997
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING CAPITAL IMPROVEMENTS
ORDINANCE NO. 11337, AS AMENDED, ADOPTED JANUARY 25, 1996;
CONTINUING AND REVISING PREVIOUSLY APPROVED SCHEDULED
CAPITAL IMPROVEMENT PROJECT NO. 351283 ENTITLED: WATSON
ISLAND SANITARY SEWER"; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
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.
ASSENT: 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. 11510.
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.
44 June 9, 1997
----------------------------------- ---- ------ `------------------------ ------ -- ----------------------------------
16. DEFER EMERGENCY ORDINANCE (PROPOSED AMENDMENT TO
CHAPTER 62, ARTICLE V, SECTION 62-124 OF CODE TO REMOVE
PROHIBITION OF EMPLOYEES FROM GOVERNMENT AGENCIES
SERVING ON BOARDS) -- FURTHER CONSIDER OTHER SOURCES
SUCH AS ACADEMIC INSTITUTIONS TO RECRUIT TO SERVE ON
ZONING AND PLANNING BOARDS.
------------------------------------------- --------------------------------------------------------------------
Vice Mayor Regalado: Mr. Mayor, on 14...
Commissioner Gort: Fourteen A, move it.
Vice Mayor Regalado: Fourteen A, I have a problem. I think that...
Commissioner Plummer: So do I.
Vice Mayor Regalado: ... we have plenty of candidates that we have not looked into. I believe
that we should go and I will make a commitment to go myself to the Engineering Department in
FIU (Florida International University) in UM (University of Miami) there are a lot of bright
students living in the City of Miami who will want to participate in the Zoning and Planning
Advisory Boards. I just don't see the need of the administration to let people that work in other
governments participate in these boards.
Commissioner Plummer: I move to defer 14-A.
Commissioner Hernandez: I have a question prior to deferring. I'll second the motion, J.L.
Quinn, if the code currently prohibits any employee from any other governmental agency from
sitting on a board, what happens if we presently have someone sitting on a board that works for
the government and has been voting on issues, does that make their vote null and void? Does it
make the action of that board null and void?
Mayor Carollo: Well, Commissioner, if I may ask the following; if maybe for the sake of
moving forward quicker, if that could be a question that you ask the City Attorney privately and
you could discuss it with him privately?
Commissioner Hernandez: All right, I second the motion to defer.
Commissioner Gort: Discussion. The motion to be... I think I am one of the guys that requested
this resolution that we do have people that work in government, that do live in the City of
Miami, that they want to serve in the City of Miami, this limits them from being appointed to the
board and they can be very helpful to the boards. That's the reason why I asked the Manager to
bring a report. It doesn't mean that we are going to bring people outside of the City of Miami.
This gives an opportunity to people that have knowledge, who know the City government and
they have experience in other City government to come and be able to serve here.
Vice Mayor Regalado: I still think that we should look into universities. There are a lot of young
people I know for a fact, because I know a professor that has a class in the Engineering
l Department in FIU and he has several students living in the City of Miami and I believe that
these people will welcome the opportunity to come and serve. As a matter of fact, none of the
members of this board have experienced when they were appointed. So, I don't understand why
we are opening this door for members of other governments to participate, especially in the
zoning and planning of the City of Miami.
45 June 9, 1997
Commissioner Gort: Well, Commissioner, mainly in... and I don't want to be argumentative.
But, the engineers and architects are very important, but the reason you have boards is to... if
there is a variance being asked is to lean a little way away from the technicians and bring the
common sense into the board. And, they have to look at each issue one by one and each case
one by one.
Mayor Carollo: Well, I think that maybe what members of the Commission need to do is speak
to the Manager or the City Attorney regarding this item so that we could deal with it without so
much discussion the next time it's brought up. I don't think it's the intent of anyone here to see
anyone be embarrassed on this item. It might have surprised some people that it was being dealt
with today, but I personally do not see any major problem with this item at all. But, I think it
probably would be best if we bring it up after it is clarified individually to members of the
Commission and... All in favor of the resolution signify by saying "aye."
Vice Mayor Regalado: You mean the resolution to defer this?
Commissioner Hernandez: It's a motion.
Mayor Carollo: Right, resolution to defer.
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-380
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 14-A (PROPOSED
AMENDMENT TO CHAPTER 62, ARTICLE V., SECTION 62-124, OF THE CODE,
AS AMENDED ENTITLED "ZONING AND PLANNING/APPOINTMENT OF
MEMBERS OF THE PLANNING ADVISORY BOARD AND ZONING
BOARD/QUALIFICATIONS" TO REMOVE THE PROHIBITION OF EMPLOYEES
OF OTHER GOVERNMENTAL ENTITIES SERVING ON SAID BOARDS) IN
ORDER THAT COMMISSIONERS GORT AND REGALADO MAY MEET WITH
THE MANAGER AND CITY ATTORNEY PRIVATELY REGARDING SAID
MATTER; FURTHER ENCOURAGING THE COMMISSION TO CONSIDER
COLLEGES AND UNIVERSITIES AS ANOTHER SOURCE TO RECRUIT
INDIVIDUALS TO SERVE ON THE ZONING AND PLANNING ADVISORY
BOARDS.
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
46 June 9, 1997
17. SECOND READING ORDINANCE: ESTABLISH MIAMI SIMPSON PARK
EDUCATION PROGRAM SPECIAL REVENUE FUND -- ACCEPT $3,500
GRANT FROM DEPARTMENT OF STATE DIVISION OF HISTORICAL
RESOURCES.
Mayor Carollo: OK, now we are moving on to 15.
Commissioner Hernandez: Move it.
Mayor Carollo: Miami Simpson Park Education Program for appropriation of funds three
thousand five hundred dollars ($3,500). OK, second reading ordinance. It's been moved by
Commissioner Hernandez, second by Commissioner Regalado.
[At this point, the City Attorney read the ordinance into the public records.]
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.
passed on its first reading, by title, at the meeting of , was taken up for its second and
final reading, by title, and adoption. On motion of Commissioner Hernandez, seconded
by Vice Mayor Regalado, the ordinance was thereupon given its second and final reading
by title, and was passed and adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11511.
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.
47 June 9, 1997
-- -------------------------------------------------------------------------------------------------------------
18. SECOND READING ORDINANCE: ESTABLISH POINCIANA VILLAGE
CONDOMINIUMS PHASE III CONSTRUCTION GRANT SPECIAL
REVENUE FUND FOR $363,000 -- FURTHER AUTHORIZE EXECUTION
OF GRANT AGREEMENT BETWEEN CITY AND INDIAN RIVER
INVESTMENTS OF MIAMI, INC. -- FURTHER DIRECT CITY MANAGER
TO REIMBURSE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY TRUST FUND ACCOUNT FOR $221,417.60
FROM SPECIAL REVENUE FUND ABOVE.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Second reading ordinance.
Commissioner Hernandez: I move it.
Mayor Carollo: It's been moved by Commissioner Hernandez, second by Commissioner Gort,
who seconded it before. Can you read the ordinance on second reading? Call the roll, please?
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 TO 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
SEVER.ABILITY CLAUSE.
48
June 9, 1997
�a.
passed on its first reading, by title, at the meeting of May 7, 1997, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Hernandez,
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. 11512.
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.
19. PROPOSED FIRST READING ORDINANCE: APPROVE / MODIFY PRIOR
TO SECOND READING LANGUAGE OF FIRST READING AMENDING
CHAPTER 3, ARTICLE III OF CODE (ALARMS SYSTEMS, BURGLARY
AND ROBBERY ALARMS).
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: We are now on 17.
Commissioner Plummer: Mr. Mayor, I would like to get 17 deferred. I still got some major
problems here. And, one of my major problems, just for the record. That after so many false
alarms, and I realize it's a pain in the you know what. But, I am concerned that they are going to
put people on an NR (No Response), and that bothers me. I don't think liability wise this City
wants to be in position or rightfully wise that if an alarm goes off we are not going to respond.
Now, you know, this was never designed to be revenue producer, even though it is today, and it's
necessary to be. But, this defeats the purpose, for example, that if you did not have a false alarm
for within a period of 12 months, that you didn't have to pay a renewal fee. The City of Coral
Gables gets five dollars ($5). We are anticipating seventy-five dollars ($75). My major problem
is, is there is a provision of this ordinance that says -- is it 12 responses or ten responses?
Police Chief Warshaw: Seven.
Commissioner Hernandez: Seven.
Commissioner Plummer: Seven. They won't respond anymore. Now I, you know, if you
couple that with the fact that they have a policy in the Police Department that you can run those
seven false alarms in one day. Seven false alarms... by virtue is, that they have a response on an
hourly basis, OK? If that alarm goes off an hour after the Police Department has been there, they
send them back out again. And, you can do that in all in one day. The area that I have the most
concern is the fact of a no response. I don't care if they want to... What's the seventh response
cost? Two hundred dollars?
49 June 9, 1997
Police Chief Warshaw: The seventh response, your sixth is two hundred.
Commissioner Plummer: OK.
Police Chief Warshaw: The seventh is revocation.
Commissioner Plummer: OK. I don't care if you charge them two hundred dollars ($200) for
the seventh response and two hundred for the eight response and two hundred for the ninth, and
you can increase it. But, I can't envision one minute that we won't respond when an alarm goes
off. It could be an alarm of safety. You know, people have panic alarms that if they have a
medical problem they hit the panic button to draw attention to their house and a person could be
laying in a bed, pushing a panic bed and you don't respond. I can't envision that, that we would
do that in our City. So, Mr. Mayor, I hate to delay a revenue producer, but I think it's just that
important that we have got to go back and we have got to address that issue in some manner,
shape or form that we are not encroaching the safety of the people of our City. So, I would move
at this particular time that this matter... I don't mind passing it on first reading but I think that
we have got to address it before second reading because it's just not fair, at my estimation.
Mayor Carollo: Commissioner Hernandez.
Commissioner Hernandez: Commissioner Plummer, I understand what you are saying, and the
main problem that I have with your argument is, is that I think that we are encroaching the safety
of our citizens by chasing these false alarms. When you have 95 percent of our calls being false,
I think you would rather have the police patrolling the streets and chasing after the bad guys than
continuously going after these false alarms. And, I understand your motive and your argument.
I think something has to be done about this.
Commissioner Plummer: Absolutely.
Commissioner Hernandez: I mean, the false alarms are ringing day and night in this City.
Commissioner Plummer: One of the major problems that we have is so many of these jake
(phonetic) legs that go out here, buy a uniform and call themselves a security company or a
burglar alarm company. And, they don't know what the hell they are doing. And, that's one of
the major problems. You don't find that, or at least I don't, find that with the major companies
who in fact are reputable, long, established companies. Most of your false alarms are committed
by the people themselves. They either give the wrong code to somebody. Somebody went into
the house and tripped the alarm. I don't know how to use it. It's any number of reasons. But, I
would ask that the matter either be deferred or that before second reading comes back before this
Commission, some very serious, serious thought be going into it.
Commissioner Hernandez: I would like to second Commissioner Plummer's motion and we
make these changes for the second reading.
Commissioner Plummer: That's fine. I have no problem with that.
Mayor Carollo: There is a motion, there is a second. Chief, would you like to add anything to
this?
Police Chief Warshaw: Mr. Mayor, the only comment I would make is that history has shown us
that the revenue, and it's really not a revenue producer, does not really accomplish anything.
People just continue to let the false alarms pile up and they just don't pay the bill. So, what we
did was, we have looked across the country, just to give you some examples. In Philadelphia,
after the seventh incident, the alarm is revoked. In Seattle, Washington, after the sixth, it's
50 June 9, 1997
� k^
W.
revoked. In Memphis, Tennessee it can be revoked after four. In Washington State... I mean it
goes on. It's pretty much between four and six times. Now, I understand truly Commissioner
Plummer's concern. The problem is, people are not paying the fines, and of course, you build up
amounts due, you have got liens against property. This was hopefully a way to put some
conscience in the fact that if you don't pay the fine then we revoke your permit. And, then you
come in and you make good on it, we will reinstate it again. So, it's not like it's revoked forever.
But, the fear of losing the permit as opposed to being fined hundreds of dollars without any
obligation to pay it... And, I certainly understand both sides of it. And, you are right, the
problem is over 95 percent of the alarms are false. Part of the change in this ordinance also
includes a requirement that in all new installations, the alarm company must pull the permit so
we know we are getting a higher quality system because we have a lot of very inexpensive
alarms that are poorly put together and those are the kinds of alarms that are really driving the
false alarms. And, there are some other smaller provisions in this. But, I know that that is the
big issue is the revocation.
Commissioner Plummer: Well, I still think we need to encourage better companies, encourage
better response. We need to go back and consider that if they have not had a false alarm for 12
months that their permit for the following year is free. I think that goes a long way of
encouraging people to do the right thing. As far as the other of no response, I can't vote for that
under any circumstances. I think we have a motion to approve it on first reading, Mr. Mayor.
Mayor Carollo: Motion to approve it on first reading.
Commissioner Hernandez: Second.
Mayor Carollo: All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
Commissioner Plummer: No, it's an ordinance. It's an ordinance.
Mr. Walter J. Foeman (City Clerk): It's an ordinance...
Mayor Carollo: I am sorry, it's an ordinance. If you could read the ordinance, please?
[At this point, the City Attorney read the ordinance into the public records.]
Mayor Carollo: Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 3, ARTICLE II., OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "ALARM SYSTEMS,
BURGLARY AND ROBBERY ALARMS," BY PROVIDING FOR ADJUSTMENTS
IN FEES CHARGED FOR ALARM PERMITS AND FALSE ALARM SERVICE
CHARGES; MORE PARTICULARLY BY AMENDING SECTIONS 3-22, 3-23, 3-24,
3-25 AND 3-29; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
51 June 9, 1997
y..
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.
-----------------------------------------------•-----------------------------------------------------------------
20. PROPOSED FIRST READING: AMEND SECTION 2-922 OF CODE,
EXCUSED ABSENCES FOR INTERNATIONAL TRADE BOARD
MEMBERS.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Eighteen on first reading.
Commissioner Plummer: Mr. Mayor, 18.
Commissioner Gort: Move it.
Commissioner Plummer: Thank you. I'll second the motion. The reason for this, Mr. Mayor, is,
as you are aware, we only have 11 meetings of the year. And, if you miss more than two, you
miss better than 30 percent of the meetings. And, this is to encourage the members to make
them realize that it's important that they do attend. So, that's why we have asked for this
change.
Mayor Carollo: I think it's good. The motion has been moved by Commissioner Gort, second
by Commissioner Plummer on first reading. Read the ordinance.
[At this point, the City Attorney read the ordinance into the public records.]
Mayor Carollo: Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION 2-922 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, TO PROVIDE FOR A MAXIMUM OF TWO (2)
EXCUSED ABSENCES PER CALENDAR YEAR FOR ANY MEMBER OF THE
INTERNATIONAL TRADE BOARD BY A MAJORITY VOTE OF ITS MEMBERS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
52
June 9, 1997
was introduced by Commissioner Gort, seconded by Commissioner Plummer, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
21. PROPOSED FIRST READING ORDINANCE: ESTABLISH PC NETWORK
QUALITY MANAGEMENT PROGRAM (FY'97) -- APPROPRIATE
$337,500, CONSISTING OF STATE DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES GRANT FOR $253,125, AND MATCHING
FUNDS OF $84,375.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Nineteen, first reading ordinance.
Vice Mayor Regalado: Move it.
Commissioner Gort:
Mayor Carollo: It's been moved by Commissioner Regalado, second by Commissioner Gort.
Read the ordinance.
[At this point, the City Attorney read the ordinance into the public records.]
Mayor Carollo: Call the roll.
An Ordinance entitled -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "PC NETWORK QUALITY MANAGEMENT PROGRAM (FY'97)"
AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE
AMOUNT OF $337,500, CONSISTING OF A GRANT FROM THE STATE OF
FLORIDA, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
($253,125) AND MATCHING FUNDS AS HEREIN SPECIFIED ($84,375);
AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT 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.
53 June 9, 1997
}
was introduced by Vice Mayor Regalado, 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 I-ternandez
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.
----------------------------------------------------------------------------------------------------------------
22. BRIEF DISCUSSION REGARDING INFORMATION COLLECTED ON
NEWSPAPER RACKS -- SEE LABEL 9.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, I am handing; over to the City Attorney all of the
information in relation to the newspaper racks.
Mayor Carollo: I think we need to appoint Commissioner Plummer to follow through on that.
Commissioner Plummer: No, sir, I did the initial work, you do the rest.
----------------------------------------------------------------------------------------------------------------
23. ACCEPT BID: N. A. LAND CLEARING, INC / DEMOLITION MASTERS,
INC. / LANGO EQUIPMENT SERVICES / SHARK WRECKING CORP FOR DEMOLITION SERVICES FOR BUILDING AND ZONING --
ALLOCATE FUNDS, $150,000 FORM 23RD YEAR CDBG PROJECT 799206.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I move item 20.
Commissioner Hernandez: Second.
Mayor Carollo: Twenty. Moved, second. It's a resolution. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
54
June 9, 1997
'k.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-381
A RESOLUTION ACCEPTING THE BIDS OF N. A. LAND CLEARING, INC.,
DEMOLITION MASTERS, INC., LANGO EQUIPMENT SERVICES AND SHARK
WRECKING CORP., FOR THE PROVISION OF DEMOLITION SERVICES ON AN
AS -NEEDED BASIS, FOR THE DEPARTMENT OF BUILDING AND ZONING ON
A CONTRACT BASIS FOR A PERIOD OF ONE (1) YEAR WITH THE OPTION TO
EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, FOR A TOTAL
PROPOSED ANNUAL AMOUNT OF $150,000.00; ALLOCATING FUNDS
THEREFOR FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT 23RD
YEAR BLOCK GRANT PROJECT NO. 799206; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR SAID SERVICE, AND THEREAFTER TO EXTEND
THIS CONTRACT FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS AT TI•iE
SAME PRICES, TERMS AND CONDITIONS, PURSUANT TO BID NO. 96-97-075,
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.
----------------------------------------------------------------------------------------------------------------
24. RATIFY / APPROVE / CONFIRM EMERGENCY FINDING -- APPROVE
TEMPORARY SECRETARIAL SERVICES FROM ADSTAFF -- FOR CITY
CLERK OFFICE -- ALLOCATE FUNDS, $6,112 FROM ACCT 921102-270.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Twenty-one. An emergency four -fifths vote required.
Commissioner Plummer: Huh?
Mayor Carollo: It's an emergency resolution.
Commissioner Plummer: What is an emergency resolution?
Mr. A. Quinn Jones, III, Esq. (City Attorney): It's ratification of an emergency.
55 June 9, 1997
Commissioner Plummer: Oh, it's ratification. OK. Proceed.
Mayor Carollo: Is there a motion?
Commissioner Plummer: Yes, I made the motion.
Mayor Carollo: Oh.
Commissioner Hernandez: Second.
Mayor Carollo: Commissioner Plummer made the motion, Commissioner Hernandez second it.
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.97-382
A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY AND
APPROVING THE ENGAGEMENT OF TEMPORARY SECRETARIAL SERVICES
FROM ADSTAFF PERSONNEL SERVICES FOR THE OFFICE OF THE CITY
CLERK FROM FEBRUARY 18TH THROUGH OCTOBER 27TH, 1996;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 921102-270, IN
AN AMOUNT NOT TO EXCEED $6,122.00, FOR SAID SERVICES; AND
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
56 June 9, 1997
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
NAYS:
i ABSENT:
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
None.
None.
----------------------------------------------------------------------------------------------------------------
25. AUTHORIZE FUNDS FOR BUSINESS REHABILITATION IN EDISON
LITTLE RIVER AREA UNDER COMMERCIAL FACADE PROGRAM --
ALLOCATE FUNDS, $9,800 FROM CDBG PROJECT 799602.
Mayor Carollo: Twenty-two.
Commissioner Plummer: Move it.
Mayor Carollo: Moved by Commissioner Plummer
Vice Mayor Regalado: Second.
Mayor Carollo: Second by Commissioner Regalado. All those in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
57 June 9, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-383
A RESOLUTION AUTHORIZING THE ALLOCATION OF NINE THOUSAND,
EIGHT HUNDRED ($9,800.00) DOLLARS FROM COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS (PROJECT 799602) FOR THE REHABILITATION OF
SEVEN (7) BUSINESSES LOCATED IN THE EDISON/LITTLE RIVER AREA
UNDER THE CITYWIDE COMMERCIAL FACADE PROGRAM, SAID FUNDS TO
BE DISBURSED AS HEREIN SPECIFIED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice 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.
----------------------------------------------------------------------------------------------------------------
26. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 23 (EXECUTE
INDIVIDUAL AGREEMENTS WITH SEVEN COMMUNITY BASED
ORGANIZATIONS FOR PURPOSE OF IMPLEMENTING ECONOMIC
DEVELOPMENT PROGRAMS) TO MEETING OF JUNE 26, 1997. REVIEW
POSSIBILITY OF ALLOCATING FUNDS TO MODEL CITY AND
WYNWOOD ORGANIZATIONS AS WELL. -- SEE LABEL 28 AND 58.
Commissioner Plummer: Move 23 with discussion.
Commissioner Gort: Second.
Commissioner Plummer: Mr. Manager, is this strictly for economic development or is this for
the facade program?
Mr. Jose Cerdan: It is for both, Commissioner.
Commissioner Plummer: OK. I asked some months ago, to come back to this Commission
because of my concern in which CBO's (Community Business Organizations) were given, I
think fifty thousand dollars ($50,000) to do the facade programs, and that money was for
administrative purposes. And, that they were supposed to do, no less than ten facades a year. It
was given information to me that some of the community based organizations had not done but
two or three, where others for the same amount of money had done 120, 100, 80, and I never
58
June 9, 1997
_) Y
heard back from the administration as to when, where and why? So, I am asking the question
again, on the money for the facade program, are any of these organizations being recommended
for the fifty thousand dollars ($50,000) administrative fee, who did not meet the requirement last
year of a minimum of ten?
Mr. Cerdan: Every agency recommended for funding has met that requirement.
Commissioner Plummer: Ten or more?
Mr. Cerdan: Ten or more, exactly.
Commissioner Plummer: OK. Are we very... Where we find that in some cases some of the
CBO's are doing five times that amount, should we increase it from ten? I mean, you know, you
are talking on ten alone, five thousand dollars ($5,000). If they do just ten, that's five thousand
dollars ($5,000) of administration where they can only get, what is it?, seventy-five hundred
dollars ($7,500) worth of money for the facade.
Mr. Cerdan: The facades work in a way that we approve after two thousand per business. And,
that cancel...
Commissioner Plummer: Isn't it seventy-five hundred max they can get for the facade of an
individual place?
Mr. Cerdan: No, not 75, no.
Commissioner Plummer: How much money can you get for the facade, a given company?
Mr. Cerdan: Any business can apply for a commercial facade program and get up to two
thousand per business.
Commissioner Plummer: Two thousand dollars per business? So, my point is even stronger.
That if in fact the CBO does not do but ten, the minimum requirement, each of those can get two
thousand dollars ($2,000) or twenty thousand total and we are giving them fifty thousand dollars
($50,000) to administer twenty thousand dollars ($20,000) worth of program. Mr. Manager, it
doesn't make any sense to me.
Mr. Cerdan: Commissioner, if I may? At the beginning of this economic development strategy,
there was a lot of confusion nationwide on how to tackle economic development in the inner
City. USHUD (United States Housing and Urban Development) contracted for the City of
Miami a consultant which drafted and developed a program to implement economic
development in low income neighborhoods. At the first two, three years, we went with that
recommendation of ten businesses per CBO. In addition, they do also technical assistance
which transfers into job creation and job retention. This year, because of our concern with the
productivity and accountability we are going to double the minimum from ten facades to 20.
59 June 9, 1997
Commissioner Plummer: It's still makes no sense to me, sir, that you are talking about the grant
of money to enhance the neighborhood is forty thousand when you double and we are giving
them fifty thousand to administer. I mean, it just doesn't... You are using too much money for
administration, in my estimation, where you can cut down on the administration and do more
facade.
Mr. Cerdan: They don't only do commercial facade. They do also job creation and job
retention.
Commissioner Plummer: Sir, I don't care whether they do commercial, noncommercial or what?
It doesn't make sense. Now, maybe some of my colleagues think differently.
i
Commissioner Gort: They do several things.
Commissioner Plummer: But, I am saying to you is, that if all that money, fifty thousand dollars
($50,000)...
Commissioner Gort: J.L.
Commissioner Plummer: ... is for facade programs.
Commissioner Gort: No. J. L., my understanding is, they do other duties also. It's not only
facade. Facade is part of the performance...
Mr. Cerdan: Component. Right. They also do more than ten facades though. If you go to
Attachment I, I guess. You will see that some of them have down 80 facades, 90 facades...
Commissioner Plummer: I understand that, sir.
I
Mr. Cerdan: ... 50 facades. Ten is the minimum. We are going to double the minimum to 20.
i But, on average they do 30, 40, 50 facades. So, the numbers fall in place.
Commissioner Plummer: OK, I'll look at it this year. But, I just... I hate to see money keep
eaten up in administration instead of going to where the money should be going.
Commissioner Hernandez: Mr. Mayor, on item 23, there are no CBO's relating to the areas of
Model City and the area of Wynwood which for many years have been left somewhat in the dark
here. I would like to see if there is a possibility, and I believe there is a CBO that has
approached our staff to handle that area, they are stationed in the area to cover Wynwood and
Model City, and see if we can get fifty thousand dollars ($50,000) for each area, for Model City
and the Wynwood area to cover facade, code enforcement, technical assistance, job assistance
program. And, I would like to see... to get some input on staff whether these one hundred
thousand dollars ($100,000) that I am talking about are available and what is staff's position to
spread the wealth to those areas.
Mr. Edward Marquez (City Manager): Commissioner, I would like to report back to you
whether or not the money is available. I keep on hearing that staff tells us that there is a reliance
on program income coming in and I want to make sure we have the cash in hand before we do
any type of appropriation. We will have a report back...
Vice Mayor Regalado: But, what J.L., was saying makes sense. Go ahead and see how many
facades have been done and then you take money from those who are not doing the amount that
others are doing and just... you fund the other. And, you don't have to look for any more
sources of money.
60 June 9, 1997
•. dr. r �
'k
Mr. Marquez: That's a very... That's a viable solution. What I would ask for is, us having the
opportunity to do that calculation and tell you who is going to be loosing cash and where it's
going to be shifted to.
Commissioner Hernandez: Did staff make a recommendation to Metro Miami Community
Development Corporation for seventy-five thousand dollars ($75,000)?
Mr. Cerdan: We met with them last week and we are obviously receptive to their proposal. They
seem to have a viable program and we welcome their interest in the area. We certainly need a
CBO presence from Community Development in Wynwood and Model City. So, we will fine
tune the proposal with them and make a proposal for your approval, hopefully, the next meeting.
Commissioner Hernandez: OK.
Mr. Cerdan: Yes.
Commissioner Hernandez: Thank you.
Mr. Cerdan: Uh-huh.
Commissioner Plummer: Where is it in the backup material that which you relate to of... Huh?
I don't find the amount of facade programs that you are talking about that you said was in...
Maybe it's in your backup material but not in mine.
Mr. Cerdan: It should be attached to the resolution.
Commissioner Plummer: Well...
Mr. Cerdan: But, anyway I have... If you allow me, I am going to make copies.
Commissioner Plummer: I... Is it intentionally that I wasn't given one or by accident?
Commissioner Gort: It was on purpose.
Mayor Carollo: Is it the intention of this Commission to instruct the Manager to...
Commissioner Plummer: Well, excuse me. Mister...
Mayor Carollo: ... look to see who was doing the work and then come back or do we want to
approve this?
Commissioner Gort: (Inaudible Comments) on the job.
Commissioner Plummer: Mr. Mayor, let me...? Excuse me. You know, I don't want to pick on
anyone in particular but, facade programs that I am looking at here, one outfit did two. One
outfit did none. One outfit did seven. And, you are telling me that all of them met the minimum
ten requirement.
Mr. Cerdan: Those have not been recommended for funding precisely because of lack of
performance.
Commissioner Hernandez: Mr. Mayor, I would like to defer this item till the next meeting so
they can come back with a full report and that way we know what we can spread out, what
money we can...
61 June 9, 1997
Mayor Carollo: I think that will probably be best to do.
Commissioner Plummer: Well, OK. I hate to delay the others from having to wait but it
definitely will come back, Mr. Manager on the 26th?
Mr. Marquez: Yes, sir.
Commissioner Plummer: OK, I just...
Commissioner Gort: Let me ask a question? Mr. Mayor?
Mayor Carollo: Yes.
Commissioner Gort: Where is the fiscal year for this to be implemented?
Mr. Cerdan: July 1st.
Commissioner Gort: July 1st?
Mr. Marquez: It's going to get close but we can do it.
Commissioner Gort: It's very close. Now, my understanding, the agency you got here have
complied with the requirements. They have met all the requirements, they have gone beyond
that, that's why you had created some incentives in here.
Mr. Cerdan: Exactly.
Commissioner Gort: I don't think this company... this agency should be punished for the lack of
performance over the agencies.
Commissioner Hernandez: That's not my intent. My only worry is, that we leave out with the
money that we are appropriating for these agencies that we are leaving out Model City and
Wynwood at this point in time. Maybe, we can shorten what we are giving these other agencies
to spread a little bit to the other areas. And, that's what I am afraid of.
Mr. Cerdan: If I may? If you could maybe approve funding for these a& -:;Gies and let us work
with those agencies that are pending for the June 26th Commission.
Commissioner Hernandez: Well, my only issue is... There is money then? There is going to be
more money.
Mr. Cerdan: We certainly hope that's the case. We haven't gotten a final report from the
Finance Department. But, we feel that there might be sufficient to cover that allocation.
Commissioner Plummer: Yeah, but you see...
Mr. Marquez: Mr. Mayor.
Commissioner Plummer: If I may? One of the organizations listed here, and I guess I got to call
it by name, St. John's Community Development, they did two facades, OK? And, yet this City
is awarding them fifty thousand two hundred and fifty dollars ($50,250).
Mayor Carollo: I don't seem them here in the...
62 June 9, 1997
Commissioner Plummer: Well, you don't seem them, let me tell you why you don't see them.
Read the backup, that's where they got it.
Commissioner Gort: Where?
Commissioner Plummer: OK. I'll read to you. "The City Commission at its meeting of April 2,
1997 directed the administration..." blah, blah, blah, blah. "Please note that St. John Community
Development Corporation Inc., was awarded fifty thousand two hundred and fifty dollars
($50,250) as per Resolution 97-169, adopted on March 20, of '97, prior to staff's
recommendation." So they got fifty thousand dollars ($50,000) and they only did two facades.
Now, I am not trying to pick on them, really what I am saying to them is, do more facades. But,
if they only did two, do we get a refund back of our money? I mean that's twenty-five thousand
administrative cost per facade. And, sir, you are standing up at that microphone and I'll tell you
something, you got a big zero.
Mayor Carollo: OK.
Commissioner Hernandez: Mr. Mayor, I would like to reinstate my motion to defer this item so
we can further study what monies are going to be distributed here. And, again...
Commissioner Plummer: Hey, I am not trying, just for the record, I don't want nobody running
around here saying Plummer, is trying to stop the money to CBO's. I am saying is, I want more
bang for my buck. That's what Plummer is saying.
Mayor Carollo: Well, do you all want to approve the ones that are being recommended for
funding?
Commissioner Plummer: I think the problem is I hear from my colleague, that if you approve
then you don't have any money to redistribute to the others that might be worthy. And...
Mayor Carollo: No, not necessarily from what I am seeing now. The list that I had before was
one through seven which were the ones that were recommended for funding. There is some
others that have not been, as you have mentioned.
Commissioner Plummer: But, doesn't that expend all of the money that they have for this
purpose?
Mayor Carollo: Yeah.
Commissioner Hernandez: That's my question.
Mayor Carollo: OK.
Commissioner Hernandez: And, there is no assurance that there is more money to spread.
Mayor Carollo: Well, I don't think it's...
Commissioner Gort: So, what you are saying is, you are taking away from this seven to fund the
other ones?
Commissioner Plummer: You are going to have to.
63 June 9, 1997
a
;: 30)
Commissioner Hernandez: Well, I mean if this is all the money we have and we are going to
leave out Model City and Wynwood. I think we might as well spread what we have between...
include Model City and Wynwood. That's what I am saying.
Vice Mayor Regalado: And, you take it away from the ones that are not complying with the...
what you said.
Commissioner Hernandez: Exactly.
Mayor Carollo: Well, not only that, but we need to specify the seven that you are
recommending, just what areas are they covering? Well, let's be clear because you have some
here that by the name you can't tell at all what areas they are covering.
Mr. Marquez: OK. Mr. Mayor, Commissioners, i request that we defer this item till the next
meeting.
Commissioner Hernandez: Motion to defer.
Mayor Carollo: There is a motion to defer it. 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. 97-384
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 23 (AUTHORIZE
CITY MANAGER TO EXECUTE INDIVIDUAL AGREEMENTS WITH SEVEN
COMMUNITY BASED ORGANIZATIONS FOR THE PURPOSE OF
IMPLEMENTING ECONOMIC DEVELOPMENT PROGRAMS) UNTIL THE NEXT
CITY COMMISSION MEETING PRESENTLY SCHEDULED FOR JUNE 26, 1997 IN
ORDER THAT THE CITY MANAGER CAN BRING BACK A FULL REPORT IN
CONNECTION WITH WHETHER $100,000 CAN BE MADE AVAILABLE FOR
THE COMMUNITY BASED ORGANIZATIONS IN MODEL CITY AND
WYNWOOD, RESPECTIVELY, $50,000 FOR EACH AREA.
(Note for the Record: This issue later passed as R-97-407, as modified.)
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.
64
June 9, 1997
N x;
----------------------------------------------------------------------------------------------------------------
27. (A) COMMENTS REGARDING NEED TO FINE TENANTS WHO
PERFORM ILLEGAL ACTS AND NOT OWNERS.
(B) DIRECT CITY MANAGER TO PROVIDE CUSTOMER SERVICE
TRAINING TO CITY PERSONNEL -- FURTHER INSTRUCTING
MANAGER TO EVALUATE CODE ENFORCEMENT
INSPECTORS.
Vice Mayor Regalado: Mr. Mayor, if I may just for a few seconds, now that we are talking
fairness? And, this Commission has tried to fair. This Administration always has tried to be fair
and I would like to bring an issue here that I think we need to revise and this will be for the
administration but also for the support of this Commission. We have the policy, I guess,
established here in the City of Miami by, I don't know who or why?, that, when a tenant in a
building makes an illegal act, we -the City -go and fine the owner of the building. And, let me tell
you about a case that I have to bring here because I am responsible, I am not afraid of taking that
responsibility. It's about a club located in 17th Avenue and Dixie Highway. I have called the
NET (Neighborhood Enhancement Teams) office, the Fire Department, the Police Department
and we did... I was there and also Commissioner Hernandez knew about it, he was there too.
And, we did a sting there and we found the club to be in violation of several instances of the law.
They did not have a license from the City of Miami nor did they have the safe structure. And,
yet, the City went and fined the owner of the building. Well, it so happened that the owner is
trying to evict these people through a court process and we are punishing here the victim. The
other instance is, that one of the NET inspectors saw a person from an apartment building dump
illegal trash in front of their street and although they have a picture of the tenant, they went out
and fined the owner of the building, who by the way, does not live there. So, my concern is that
we keep punishing the people who are not responsible, directly, for the things that are happening
in the City of Miami. And, I was wondering if the City Manager has any ideas of how can we
resolve, first of all, the case, specifically that case in 17th Avenue, I think that the owner has
been fined five hundred dollars ($500) or something like that and the fine will mount. And,
another owner of an apartment building that also has been fined five hundred dollars ($500). So,
why don't we go out and punish the people that commit the illegal acts and why do we have to
go out and punish those who are not directly involved? Are we doing like we do in the schools
that if their kid makes a mistake we punish, we call the father so the father can then punish the
children? What is the policy and why is that policy, Mr. Manager?
Mr. Edward Marquez (City Manager): That's an excellent question. The owners of property are
responsible for the conduct of people on those properties. That's...
Commissioner Plummer: On the conduct?
Mr. Marquez: On the... well, as it relates to dumping, yes. It's...
Vice Mayor Regalado: But, how can they prevent it? How can they prevent it?
Commissioner Plummer: Well, let's... Why don't we... (phonetic)
Mr. Marquez: Well, I am not saying it's fair.
Vice Mayor Regalado: Should they hire a police officer? I mean, if this guy is trying to evict
through a court process...
65 June 9, 1997
Commissioner Plummer: Which he must do.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Yeah.
Vice Mayor Regalado: Which he must do because he cannot call us and say "Bring on the police
and kick these people out of my place." So, you tell me?
Mr. Marquez: Well, perhaps we could change our ordinance to allow so that when a person is,
you know, can demonstrate an eviction process ongoing then the finer stop at that point in time.
Commissioner Plummer: Well, but it doesn't stop there in this particular case. I have a friend, I
have brought it to this Commissioners' table before. He owns a bar on 79th Street and about
once a month somebody pulls back in the back alley, throws over his fence about 100 tires and
we come along and site him with a violation notice and a fine. Now, he is not the guilty party.
He didn't throw the tires there. He tells me I haven't had 100 tires in a lifetime. And, yet, we
are fining him, and we are finding him guilty for a sin that he did not commit. I have a doctor on
27th Avenue, he calls me and he said to me "J.L., these damn kids put graffiti on the side of my
building and your inspectors come around here and tell me that I am in violation of the
ordinances. I didn't do this graffiti on the side of the building. I did not commit the sin, but your
people are fining me for not taking it off immediately." Now, you know...
Vice Mayor Regalado: I was going to bring the graffiti thing here because I have two
complaints of people being fined because one morning, you know, when they came to the
business they saw all the walls painted with graffiti and then our quick inspector went and fined
these people. So, I am asking if you think we are doing the right thing by making people
responsible directly? And, I am telling you that this apartment building owner does not live
there and the inspector told him that he saw the tenant who dumped the illegal trash but, it's
easier to locate the owner of the building and fine that person. So...
Commissioner Plummer: Well, how about abandoned automobiles?
Unidentified Speaker: Right on 79th Street.
Commissioner Plummer: I got a guy that gives me a call and said "Somebody..." he doesn't live
at the apartment. One of his tenants he thinks, but he's not sure, left an abandoned automobile
and the City writes him, the owner of the building a Notice of Violation. Better yet, how about
the bar that he's talking about on 17th Avenue? One of our very efficient, professional
inspectors goes in there and finds a loose board and tells the owner "If that board is not secured
by the 16th of June, I am going to demolish the building." I mean, you know, nobody ever
accused him of being smart but, I mean, this is ridiculous.
Mr. Marquez: Mr. Mayor and Commissioners, I am not saying this is right. Let me clarify it.
However, we are to the best of our abilities been enforcing the law as written.
Commissioner Plummer: And, we want you to.
Mr. Marquez: And, what I would suggest is that if you are pointing out that the portions of our
laws do not make common sense, do not meet the common sense standards. So, perhaps what I
am hearing is that I am hearing a direction for us to go and come up with alternatives for this
Commission to consider as to how we can do this more sensibly. Is that what...? Is that the
direction of the board?
Commissioner Plummer: You know...
66 June 9, 1997
x.
Commissioner Gort: Mr. Mayor?
Commissioner Plummer: ... my father always said "If you commit the crime, you do the time."
Let's don't do the time for the person who did not commit the crime.
Mr. Marquez: We have to enforce the laws. I mean, you can't... Once we enact stuff...
Commissioner Plummer: Enforce the law against the person who did the problem. That's to me
is the...
Mr. Jones: But, Commissioner, this is something you have raised before, the tires in the area.
Commissioner Plummer: And, I am going to keep raising it.
[At 11:08 a.m., Commissioner Plummer exits the Commission meeting.]
Mr. Jones: And, I understand that and I think we have come full circle with the problem
especially with the tire scenario and the way the statute is written that you go after the owner of
the property because more times than not, you are never gci,;g to find the person who really
committed the crime unless it's witnessed in the presence of a police officer which... Whereas,
you and I both know, it's pretty much nil. So, that's the way the statute is written that you have,
you know, as unfortunately at it may be, and I would hope that the scenario like you have
described are the exception as opposed to the rule. But, I think that, you know, the data would
bear it out that the program itself is successful and as the Manager says perhaps we can look into
some sort of way of being able to protect an innocent property owner as such because that's what
it amounts to.
Commissioner Gort: Mister... Let me ask a question? Do we have an appeal system built into
it?
Mr. Jones: Do we have what?
Commissioner Gort: An appeal system...
Mr. Jones: I am not sure.
Commissioner Gort:... where an individual being fined can come in front of a board?
Mr. Jones: Well, they can go before the court, yeah. If it's a ...
Commissioner Gort: Code enforcement board and appeal.
Mr. Jones:... code enforcement board, yeah, yeah.
Commissioner Gort: Yeah. Number two, Mr. Manager, the.. one of the biggest complaints that I
am receiving is, the attitude of some of our individuals. The way they address these people.
You know, I think maybe we should provide more training and let our employees know that
the... like in the free enterprise, you know, the customer isn't always right. But, you have got to
treat the customer with a certain courtesy. And, I think if you use "please", "thank you", and you
explain to them the details. Not like saying "well, the Commission has forced me to do this and
we have to do it." I mean that attitude is very negative towards everybody and I think if we need
to provide more training to inspectors towards people...
67 June 9, 1997
Commissioner Hernandez: I...
Vice Mayor Regalado: Commissioner, Commissioner.
Commissioner Gort:... I think it's very important that they know how to treat the public and how
to address the public and inform them.
Mayor Carollo: Well, Commissioner, training might be one part but, frankly, you know, there
are people out there that are, and for the most part we have very good conscientious employees.
But, we have some people out there that might owe their jobs to other circumstances from the
past, so I could put it politely, and they are mad. So, they think that by going out there and
harassing people in this fashion and then saying that "well, this is what the City Commission told
us to do. This is what the Mayor told us to do." That this is how they could get back at us. And,
this is the part that I have some great concerns with. Now, employees that might take that
attitude while granted there might be only a few, Mr. Manager, we need to take action. We
might have the civil service rules and regulations that make it almost next to impossible to
terminate employees no matter how bad they might behave but this kind of attitude when you are
hearing Commissioners across the board expressing it, need to be looked at and action needs to
be taken. We need to identify who those employees are that are doing this out there and pull
them out from the streets.
Commissioner Hernandez: Mr. Mayor, I have addressed this issue on more than one occasion
with the Manager. Something has to be done about this. I'll tell you the small businessowners
in Flagler and Little Havana have had it with this abusive power by certain individuals in the
City of Miami. People that aren't even within their job description with what they are doing out
there. I can cite you one distinct businessman that has closed his offices or closed his business
until this problem is solved in fear that his liquor license will be taken away. I have pictures and
I have affidavits and I will once again sit down not only with the Manager but the Police Chief to
discuss this issue that is becoming rampant and is becoming a bad scenario for the City of
Miami. Especially, when the employees are citing our names up here that they are under specific
orders from either the Mayor or me or Commissioner Regalado or Commissioner Gort. That is
not the case. I think a lot of our employees are not using common sense. And, I do agree with
you, Mr. Manager, the City code holds the owner ultimately responsible so does Florida Statute
and I think that's how it should be. However, the issue is, whether our employees are using
common sense. And, I site the issue and the case that Vice Mayor Regalado has brought about
as a specific example, and a quite true example of what common sense and when we are not
practicing common sense. We understand that clear actions are being taken by the owner of this
property to evict these people. So, therefore, we should not be citing him but we should be
working with him to bring this problem to a prompt conclusion. We need to do something about
this. I have told you and I have told the Police Chief this. And, I want to sit down with you once
again to bring about these specific cases that are coming about in Little Havana.
Mayor Carollo: Well, what we need to do is to evaluate the different people that we have out in
the streets representing the City. At the same time, we don't want to bring it to an extreme that
the pendulum goes back the other way completely. For the most part, the majority of the
employees that we have out there are very good employees. So, we don't want those good
employees, the majority of them to think that by the statements that have been made here today
that we are sending them some sort of signal to hold back and not to do their jobs, on the
contrary. We want them to keep doing their job but what we are saying is, that that handful of
employees out there that have their own agendas that are not doing what the City Commission,
the City Administration expects of them to do. Those are the employees that we need to look at
and stop them from taking their positions to the point of an extreme and harassing people out
there and treating them unlike they would like to be treated themselves.
68 June 9, 1997
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."�
Vice Mayor Regalado: Mr. Mayor, about two weeks ago I was in a meeting with the City
Manager and all the NET (Neighborhood Enhancement Teams) directors and this issue was
discussed and I told the Manager that I think and I thought at that time that we don't have time
for training the people who are not sensible, the people who are not serving the interest of the
City but their own agenda, have to be taken out of the street immediately. And, I think that the
Manager knows who those people are ,nd if he doesn't know, I will tell him. If he wants me I
i will tell him publicly or I will tell him privately. But, he knows of what we mean with the
situation and people cannot be harassed. Some people in Miami believe that the City is the
enemy and we cannot tolerate that. And, we have to make an example, right now, of some
people who have their own agenda and who are getting out of hand. And, so, we can send a
message that, yes, we do want to serve, we do want to comply with the codes but you don't have
to harass to comply with the law.
-------------------------------------------------.---------------------------------------------------------------
28. BRIEF DISCUSSION REGARDING DEFERRAL OF AGENDA ITEM 23
(ALLOCATION OF CDBG FUNDS TO COMMUNITY BASED
ORGANIZATIONS) -- SEE LABELS 26 AND 58.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Ray, I believe you wanted to address the Commission on item 23. I am sorry
that we kept you waiting there, I didn't realize that you wanted to speak on item 23. You may
address the Commission.
Mr. Raymond Fauntroy: Good morning. Yes, good morning. On item 23, I just wanted to first
thank the Commission for supporting the Martin Luther King Economic Development
Corporation. We do have our subordination agreements and do we have our commitment for the
loan to pay off the first mortgage which should be done in the next seven to ten days. And, I just
wanted to remind you that we do represent the Model City area and we will be working very
diligently in that area for facade and to change the economic condition of that community. And,
I think that you along with the community will be very proud of this new board of directors and
the new commitment that we have to change in our community, and I just wanted to bring that to
your attention on this item. Thank you, very much.
Mayor Carollo: Thank you, Ray.
29. APPROVE ACQUISITION AND MAINTENANCE OF FINANCIAL
REPORTING SOFTWARE MODULE (CAFR) FOR $45,000 -- FURTHER
APPROVE RELATED SUPPORT SERVICES FROM SYSTEMS
CONSULTANTS, INC. FOR $25,000 -- FOR FINANCE -- ALLOCATE
FUNDS, $70,000 TOTAL FROM CIP PROJECT 311027.269901.1.6.270.
Mayor Carollo: OK, we are back on item 24. We need a motion.
Commissioner Hernandez: I'll move that.
Mayor Carollo: It's moved by Commissioner Hernandez. Second by Commissioner Gort. All
in favor signify by saying "aye."
.•
June 9, 1997
:0
The Commission (Collectively): Aye.
Mayor Carollo: There is no "nays."
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-385
A RESOLUTION APPROVING THE ACQUISITION AND MAINTENANCE OF A
COMPREHENSIVE ANNUAL FINANCIAL REPORTING SOFTWARE MODULE
(CAFR), IN AN ESTIMATED AMOUNT OF $45,000, AND RELATED SUPPORT
SERVICES, IN AN ESTIMATED AMOUNT OF $25,000, FROM SYSTEMS
CONSULTANTS, INC. (SCI), FOR THE DEPARTMENT OF FINANCE,
ALLOCATING FUNDS THEREFOR, IN A TOTAL AMOUNT OF $70,000 FROM
CAPITAL IMPROVEMENT PROJECT ACCOUNT NO. 311027.269901.6.270;
AUTHORIZING THE CITY MANAGER TO AMEND THE EXISTING CONTRACT
BETWEEN THE CITY AND SCI TO INCREASE THE AFOREMENTIONED
SERVICES AND COMPENSATION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
i NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
----------------------------------------------------------------------------------------------------------------
30. DIRECT CITY MANAGER TO RECOMMEND NAMES FOR
APPOINTMENTS TO WORKER'S COMPENSATION MANAGED CARE
EVALUATION COMMITTEE -- RETURN FOR COMMISSION
CONSIDERATION AT MEETING OF JUNE 26, 1997.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Twenty-five has been withdrawn. Twenty-six. The Department of General
Service Administration appointing members to a review committee. What is the Manager's
recommendation on this?
Mr. Frank Rollason (Director, General Services Administration): Good Morning, Mr. Mayor
and members of the Commission. This is a required by statute, managed care for Workers'
Compensation. This is a continuance of what we were working on prior to operation Green
Palm, and what we did was, we went out to bid and this is part of that process now. And,
therefore, we have the bids in, we haven't opened them and we need an appointment from each
one of the members to do the evaluation and come back with a recommendation from the
Manager to the Commission for final action.
70 June 9, 1997
fix'
•k,
xa�
Mayor Carollo: You have how many members, five?
Mr. Rollason: Five.
Mayor Carollo: Five. Now, do you need any specific type of background for each of these
members?
Mr. Rollason: Well, I think that financial, insurance, health background. These are managed
care companies that provide medical coverage and rather than us picking who the people... who
our employees will go to, it will be under a managed care system, much the same as sort of like
the HMO side of the health insurance currently now.
Mayor Carollo: Can I ask the administration this? Can you give this Commission a list of
names, at least ten, so that this Commission can have some input from staff, from yourself,
Chief, who I trust your opinion, very much so, from the Manager? It doesn't prevent any
member of this Commission from appointing someone if they want to. But, I would like to bring
it to a different level where the administration can have some input in recommending people
based upon their qualifications.
Mr. Rollason: I think we can do that and perhaps come back on the 26th. I mean, we really need
to kick start this. So...
Mayor Carollo: Good. If you could do that, at least ten names, more if would like to.
Vice Mayor Regalado: Do they need to live in the City of Miami or have a business in the City
of Miami?
Mayor Carollo: No, they do not.
Mr. Rollason: We'll do that.
Mayor Carollo: Thank you. So we will deal with this then on the 26th. Let's... Commissioner
Regalado made a motion.
Commissioner Hernandez: Second.
Mayor Carollo: Commissioner Hernandez seconds to defer this item, 26th, to the next agenda.
All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
71 June 9, 1997
Ld
The following motion was introduced by Vice Mayor Regalado, who moved its adoption:
MOTION NO. 97-386
A MOTION DIRECTING THE CITY MANAGER TO RECOMMEND TO THE
COMMISSION TEN NAMES FOR CONSIDERATION AS POSSIBLE
APPOINTMENTS TO THE WORKER'S COMPENSATION MANAGED CARE
EVALUATION COMMITTEE AND BRING BACK FOR COMMISSION
CONSIDERATION AT THE COMMISSION MEETING OF JUNE 26, 1997.
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS:
ABSENT:
None.
Commissioner J.L. Plummer, Jr.
----------------------------------------------------------------------------------------------------------
31. REJECT ALL PROPOSALS RECEIVED -- SEEK NEW PROPOSALS FOR
INSURANCE BROKERAGE SERVICES.
Mayor Carollo: We are now in item 27.
Commissioner Hernandez: I move.
Vice Mayor Regalado: Second.
Mayor Carollo: OK, there is a motion, there is a second. Any further discussion, any statements
from the administration?
Mr. Frank Rollason (Director, General Services Administration): Any questions that you have I
will be glad to answer them but, I guess...
Mayor Carollo: Well, you will be going out to bids now.
Mr. Rollason: That's correct.
Mayor Carollo: Very good. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
72
June 9, 1997
Y•A�
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-387-
A RESOLUTION REJECTING ALL PROPOSALS RECEIVED BY THE CITY JULY
25, 1994 FOR THE PROVISION OF INSURANCE BROKERAGE SERVICES,
PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 93-94-166; FURTHER
DIRECTING THE CITY MANAGER TO SEEK NEW PROPOSALS BASED ON
SUCH SPECIFICATIONS AS HE DEEMS APPROPRIATE FOR THE
PROCUREMENT OF SAID SERVICES AND TO PRESENT THE QUALIFIED
RECOMMENDATION TO THE CITY COMMISSION FOR APPROVAL.
(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 Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS:
ABSENT:
None.
Commissioner J.L. Plummer, Jr.
----------------------------------------------------------------------------------------------------------------
32. ACCEPT PROPOSAL FROM COLUMBIA / CEDARS MEDICAL CENTER FOR DRUG SCREENING SERVICES -- FOR FIRE -RESCUE AND POLICE --
ALLOCATE FUNDS, $31,625, ACCTS 280401-260 AND 290201-260.
----------------------------------------------------------------------------------------------------------------
Commissioner Hernandez: Move 28.
Mayor Carollo: Twenty-eight has been moved.
Vice Mayor Regalado: Second.
Mayor Carollo: Second by Commissioner Regalado. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
73
June 9, 1997
Al•
W
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-388
A RESOLUTION ACCEPTING THE PROPOSAL OF COLUMBIA/CEDARS
MEDICAL CENTER, FOR THE PROVISION OF DRUG SCREENING SERVICES
FOR THE DEPARTMENT OF FIRE -RESCUE AND POLICE, ON A CONTRACT
BASIS FOR AN INITIAL TERM OF TWO (2) YEARS WITH TWO (2) OPTIONS OF
ONE (1) YEAR EACH, AT AN ESTIMATED COST OF $31,625.00 DURING THE
FIRST YEAR OF THE INITIAL PERIODS; FURTHER, PROVIDING FOR A 3%
ANNUAL INCREASE, PER UNIT/TEST PERFORMED, EFFECTIVE THE FIRST
DAY OF THE FIRST OPTION PERIOD UNTIL THE END OF THE CONTRACT
PERIOD; ALLOCATING FUNDS THEREFOR FROM THE GENERAL OPERATING
BUDGETS OF THE DEPARTMENT OF FIRE -RESCUE (ACCOUNT CODE NO.
280401-260) AND DEPARTMENT OF POLICE (ACCOUNT CODE NO. 290201-260);
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, OR TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID
SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
--------------------------- ------------------------------------------------------------------------------------
33. ACCEPT PROPOSAL FROM COLUMBIA / CEDARS MEDICAL CENTER FOR DRUG SCREENING SERVICES -- FOR HUMAN RESOURCES --
ALLOCATE FUNDS $10,425 FROM ACCT 270101-260.
----------------------------------------------------------------------------------------------------------------
Commissioner Hernandez: Move 29.
Mayor Carollo: Twenty-nine has been moved by Commissioner Hernandez.
Vice Mayor Regalado: Second.
Mayor Carollo: Second by Commissioner Regalado. It's a companion item to 28. All in favor
signify by saying "aye."
The Commission (Collectively): Aye.
74 June 9, 1997
'i�r r'Ttt M1A
Mayor Carollo: No "nays."
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-389
A RESOLUTION ACCEPTING THE PROPOSAL OF COLUMBIA/CEDARS
MEDICAL CENTER, FOR THE PROVISION OF DRUG SCREENING SERVICES
FOR THE DEPARTMENT OF HUMAN RESOURCES, ON A CONTRACT BASIS
FOR AN INITIAL TERM OF TWO (2) YEARS WITH TWO (2) OPTIONS OF ONE
(1) YEAR EACH, AT AN ESTIMATED COST OF $10,425 DURING THE FIRST
YEAR OF THE INITIAL PERIOD; FURTHER, PROVIDING FOR A 3% ANNUAL
INCREASE, PER UNIT/TEST PERFORMED, EFFECTIVE THE FIRST DAY OF THE
FIRST OPTION PERIOD UNTIL THE END OF THE CONTRACT PERIOD;
ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF HUMAN
RESOURCES GENERAL BUDGET, ACCOUNT CODE 270101-260; AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, OR TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THESE SERVICES.
(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 Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
----------------------------------------------------------------------------------------------------------------
34. (A) APPROVE SETTLEMENT: JOSEFINA LAUDERMAN AND JORGE
LAUDERMAN FOR $24,999 -- ALLOCATE FUNDS FROM SELF-
INSURANCE AND INSURANCE TRUST FUND CODE 620103-653.
(B) DIRECT ADMINISTRATION TO REPAIR BROKEN SIDEWALKS.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: We are now in item 30.
Vice Mayor Regalado: Mr. Mayor, I, again, the question of sidewalks. I called Jim Kay's office
the other day because in downtown Miami there was an uneven sidewalk and a lady fell. This
was on Southeast 2nd Avenue, one of the most transited sidewalks in the City of Miami. And, I
think that, you know, when... if we have all these inspectors and all these firemen out in the
street, we should tell them to look for this kind of problem because... I mean, we save more
money fixing the sidewalks than every time this Commission meets that we have got a sidewalk
75 . June 9, 1997
it y.Y
1..
settlement here. And, it's always several thousand dollars. So, I really think that the
administration should direct inspectors or firemen whoever is in the street. I know I report
sidewalks when I see a problem, and I have done so several times. But, I mean, this thing is
upsetting. I think that we still have 53 cases that we need to settle, right?
Mr. A. Quinn Jones, III, Esq. (City Attorney): Or go to trial.
Vice Mayor Regalado: Yeah. Well...
Mr. Frank Rollason (Director, General Services Administration): On the sidewalk issue, I can
tell you that right now Public Works is in the process of doing a survey. We are looking at the
sidewalks in conjunction with the safety program for those sidewalks that are not in compliance
with the latest ADA requirements for sidewalks which takes into consideration the handicapped
and the use of wheelchairs. So, for instance, one of the issues in the old requirements of the flag,
piece of sidewalk that has an inch of lift and it would still be within compliance. And, now with
the ADA, that's changed to half an inch. And, in the five year plan as part of the add back
service the money that was set aside to identify to do these types of repairs and we are in the
process of getting that list together so we can get that work done before the end of this budget
year.
Mr. Edward Marquez (City Manager): Commissioners, we are also concentrating on those areas
of town where we have the most lawsuits and we are going to be ranking those sidewalks in
priority basis.
Mayor Carollo: OK. Is there any further questions on item 30?
Commissioner Hernandez: Move it.
Mayor Carollo: Hearing none. There is a motion on item 30. Is there a second?
Vice Mayor Regalado: Second by Commissioner Regalado.
Mayor Carollo: All in favor signify by saying "aye."
The Commission (Collectively): Aye.
76 June 9, 1997
i
'k.
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-390
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
JOSEFINA LAUDERMAN AND JORGE LAUDERMAN, WITHOUT ADMISSION
OF LIABILITY, THE SUM OF $24,999.00 IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE
CITY OF MIAMI, IN THE CIRCUIT COURT OF DADE COUNTY, CASE NO. 96-
189951 CA 09, 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. 620103-653.
(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:
NAYS:
ABSENT:
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
None.
Commissioner J.L. Plummer, Jr.
----------------------------------------------------------------------------------------------------------------
35. (A)APPROVE SETTLEMENT: FRANCISCO AND ANA VAZQUEZ FOR
$24,5000 -- ALLOCATE FUNDS FROM SELF-INSURANCE AND
INSURANCE TRUST FUND CODE 620103-653.
(B)DIRECT ADMINISTRATION TO CONSIDER DEFERRAL OF RAISING
RENT FOR WATSON ISLAND TENANTS.
Mayor Carollo: Item 31.
Commissioner Hernandez: I move it.
Mayor Carollo: OK, moved...
Commissioner Gort: Second.
Mayor Carollo: ... second by Commissioner Gort.
Vice Mayor Regalado: On this issue, Mr. Mayor, this is about Watson Island. And, I believe
that I sent a copy of a memo to you and to members of the Commission asking Ms. Abrams to
consider deferring the raise on the rent for people in Watson Island because the City promised a
fence and it took several months to start building a fence and there were some robberies two
77
June 9, 1997
c
weeks ago. So, the City is at fault in this situation so it's only fair that we'll defer the raise for
one month at least or two months so these people would have the opportunity of...
Mayor Carollo: Commissioner, since this is a totally different item from this...
Vice Mayor Regalado: I know. I know it is. But, it has to do with Watson Island and I just
want the Commission to be aware that we did not do what we promised to do in Watson Island
and this is one of the problems that we are having with all these suits.
Mayor Carollo: Why don't we bring this one up with all the others that we have at the end of the
day that are not in the regular agenda?
Vice Mayor Regalado: No problem.
Commissioner Hernandez: I move 31.
Mayor Carollo: Thirty-one has been moved, second by Commissioner Gort. All in favor signify
by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-391
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
FRANCISCO VAZQUEZ AND ANA VAZQUEZ, WITHOUT ADMISSION OF
LIABILITY, THE SUM OF $24,500.00 IN FULL AND COMPLETE SETTLEMENT
j OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, IN
THE CIRCUIT COURT OF DADE COUNTY, CASE NO. 95-06987 CA 20; 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,
j INDEX CODE NO. 6201-3-653.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
78 June 9, 1997
:tZ,
tA.
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
j Mayor Joe Carollo
i
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
----------------------------------------------------------------------------------------------------------------
36. APPROVE SETTLEMENT: PETER SCHULTZ FOR $37,800 PLUS $2,550.40
IN COSTS -- ALLOCATE FUNDS FROM SELF-INSURANCE AND
INSURANCE TRUST FUND CODE 620103-653.
Commissioner Hernandez: I move 32.
Mayor Carollo: Thirty-two, there is a motion. It's been second. Any further discussion?
Hearing none, all in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
79 June 9, 1997
4,: rj3r
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-392
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY PETER
SCHULZ THE SUM OF $37,800.00, PLUS COSTS IN THE AMOUNT OF $2,550.40
PURSUANT TO COURT ORDER, IN FULL AND COMPLETE SATISFACTION OF
ANY AND ALL CLAIMS, DEMANDS AND JUDGEMENTS AGAINST THE CITY
OF MIAMI, PURSUANT TO THE FINAL JUDGEMENT FOR PLAINTIFF, AS
ORDERED BY JUDGE MARGARITA ESQUIROZ OF THE ELEVENTH JUDICIAL
CIRCUIT COURT ON MAY 21, 1997, IN CASE NO. 94-13900-CA(10),
ALLOCATING FUNDS THEREFOR FROM THE SELF-INSURANCE AND
INSURANCE TRUST FUND, INDEX CODE NO. 620103-652.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT:
Commissioner J.L. Plummer, Jr.
------------------------ ---------------------------------------------------------------------------------------
37. AUTHORIZE $15,000 FOR ENGAGEMENT OF DAVIS, SCOTT, WEBER &
EDWARDS IN REFERENCE TO MICHAEL POTTINGER, PETER CARTER
AND BERRY YOUNG V. CITY OF MIAMI, CASE NOS. 91-5316; 92-5145;
95-4555 -- ALLOCATE FUNDS FROM SELF-INSURANCE AND
INSURANCE TRUST FUND CODE 620103-653.
--------------------------------------------------------------------------
Mayor Carollo: Thirty-two A.
Commissioner Hernandez: I move it.
Mayor Carollo: It's been moved.
Vice Mayor Regalado: Second.
Mayor Carollo: Second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
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The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-393
A RESOLUTION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN
AMOUNT NOT TO EXCEED $15,000, FOR THE CONTINUED ENGAGEMENT OF
THE LAW FIRM OF DAVIS, SCOTT, WEBER & EDWARDS, 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; ALLOCATING FUNDS THEREFOR FROM
THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO.
620103-661, FOR SAID SERVICES
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
Mayor Carollo: Do we have any feedback to ascertain when mediation will be concluding?
Mr. A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, I can... I really wish I could give you
an honest answer. I think the best I can tell you is that we have made some great strides. Of
course, the mediation has taken much longer than we anticipated. I would hope that at least by
the end of the year that we should have something completed one way or the other.
Mayor Carollo: That long, by the end of the year?
Mr. Jones: You know, it's a difficult type of case. And, you know, the ACLU (American Civil
Liberties Union) has been pretty adamant in some of the stances they have taken and it's
necessitated, you know, hours and hours to try to come to some solutions, viable solutions.
Mayor CarolIo: All in favor of thirty-two A, signify by saying "aye."
Mayor Carollo: No "nays."
81 June 9, 1997
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38. ACCEPT BIDS: CROSSCO AMERICA CORP. / MIAMI PAINT CENTRE /
STEIN PAINT COMPANY / SHERWIN WILLIAMS CO. -- FOR PAINT AND
PAINT SUPPLIES -- ALLOCATE FUNDS, $57,750 FROM USER
DEPARTMENTS BUDGET.
Mayor Carollo: Thirty-three. A resolution accepting bids.
Commissioner Hernandez: Move it.
Mayor Carollo: It's been moved.
Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gort. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: All right. This passes with no "nays."
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-394
A RESOLUTION ACCEPTING THE BIDS OF CROSSCO AMERICA CORP., MIAMI
PAINT CENTRE, STEIN PAINT COMPANY, AND SHERWIN WILLIAMS CO., FOR
THE PROVISION OF PAINT AND PAINT SUPPLIES FOR VARIOUS CITY
DEPARTMENTS, ON AN AS -NEEDED BASIS FOR A ONE YEAR PERIOD, WITH
THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS,
i AT A TOTAL PROPOSED ANNUAL AMOUNT OF $57,750.00; ALLOCATING
FUNDS THEREFOR FROM THE FISCAL YEAR 1996-97 OPERATING BUDGETS
I OF THE USING DEPARTMENTS; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE
ORDERS FOR SAID PURCHASES AND THEREAFTER TO EXTEND SAID
CONTRACT AT THE SAME PRICE, TERMS AND CONDITIONS, PURSUANT TO
BID NO.96-97-062, SUBJECT TOT HE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
82 June 9, 1997
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Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT:
Commissioner J.L. Plummer, Jr.
----------------------------------------------------------------------------------------------------------------
39. EXTEND TERMS OF CONTRACTS WITH WARREN FENCE COMPANY /
GOMEZ & SON FENCE COMPANY / AZTEC ROOFING COMPANY -- FOR
FENCING SERVICE FOR VARIOUS DEPARTMENTS -- ALLOCATE
FUNDS, $55,500 FROM USER DEPARTMENTS BUDGETS.
Mayor Carollo: Thirty-four.
Commissioner Hernandez: Thirty-four has been moved. Is there a second?
Vice Mayor Regalado: Second.
Mayor Carollo: Second by Vice Mayor Regalado. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays."
83
June 9, 1997
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The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-395
i A RESOLUTION EXTENDING THE TERM OF THE CONTRACTS BETWEEN THE
CITY AND WARREN FENCE COMPANY, INC., GOMEZ & SON FENCE
COMPANY, AND AZTEC ROOFING COMPANY FOR THE FURNISHING OF
FENCING SERVICES FOR VARIOUS CITY DEPARTMENTS, FOR AN
ADDITIONAL TERM OF ONE YEAR; ALLOCATING FUNDS THEREFOR, IN THE
AMOUNT OF $55,500, FROM THE FY '96/97 OPERATING BUDGETS OF THE
i USING DEPARTMENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE
THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO EXTEND SAID CONTRACTS.
(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 Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT:
Commissioner J. L. Plummer, Jr.
----------------------------------------------------------------------------------------------------------------
40. ACCEPT BID: UNISYS CORPORATION -- FOR TERMINAL EMULATION
SOFTWARE FOR INFORMATION TECHNOLOGY DEPARTMENT --
ALLOCATE FUNDS, $150,000 FROM USER DEPARTMENTS BUDGET.
Mayor Carollo: OK, we are now in item 35, another resolution accepting bids.
Commissioner Hernandez: Move.
Commissioner Gort: Second.
Mayor Carollo: It's been moved.
Vice Mayor Regalado: A question to the City Manager. Will the Commissioners' computers
have access to this system?
Mr. Aldo G. Stancato (Database Manager): Yes, Commissioner. That's software that will allow
you to communicate back to the main frame.
Mayor Carollo: OK, there is a motion there is a second. All in favor signify by saying "aye."
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June 9, 1997
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The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-396
A RESOLUTION ACCEPTING THE BID OF UNISYS CORPORATION FOR THE
FURNISHING OF ATTACHMATE'S TERMINAL EMULATION SOFTWARE FOR
THE DEPARTMENT OF INFORMATION TECHNOLOGY, AS PURCHASES
BECOME NECESSARY, FOR VARIOUS CITY DEPARTMENTS, ON A
CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR
TWO (2) ADDITIONAL ONE (1) YEAR PERIODS AT PRICES SET FORTH ON BID
NO. 96-97-025, AT A PROPOSED ANNUAL AMOUNT NOT TO EXCEED $150,000;
ALLOCATING FUNDS THEREFOR FROM THE FISCAL YEAR 1996-1997
OPERATING BUDGETS OF THE USING DEPARTMENTS; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE PURCHASE ORDERS FOR SAID ACQUISITION, AND THEREAFTER TO
EXTEND SAID CONTRACT AT THE SAME PRICE, TERMS AND CONDITIONS
PURSUANT TO BID NO. 96-97-025, 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 Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT:
Commissioner J.L. Plummer, Jr.
NOTE FOR THE RECORD: Mayor Carollo advised that the
Commission shout wait for a full Commission when discussing
Item 37.
Mayor Carollo: We are now in...
Commissioner Hernandez: Move 36.
Mayor Carollo: Thirty-six was done already.
Commissioner Hernandez: Thirty-seven.
Mayor Carollo: We are in 37. I would suggest that we wait for a full Commission on item 37.
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June 9, 1997
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----------------------------------------------------------------------------------------------------------------
41. BRIEF DISCUSSION REGARDING CONSIDERATION OF POCKET ITEMS
DURING COMMISSION MEETINGS. -- SEE LABEL 61.
----------------------------------------------------------------------------------------------------------------
Commissioner Hernandez: Mr. Mayor?
Mayor Carollo: Yes.
Commissioner Hernandez: If we take this out of term. I have a pocket item.
Mayor Carollo: Commissioner, if I may? You have got a lot of people still waiting for items
and it's always been our policy to take pocket items at the end.
Commissioner Hernandez: All right.
Mayor Carollo: So, if may request? Let's try to move along and leave the pocket items for the
end of the day. And, you know, while we are mentioning pocket items, I think we need to
discuss pocket items as a whole later on when we have a full Commission to try to limit the
amount of pocket items that we are taking up to one per member, two for the Administration and
to try and really make limits on what constitutes an emergency and a pocket item so that as many
people as possible would have the opportunity to direct themselves to this Commission to
discuss anything brought up in a pocket item. And, at the same time, as courtesy to the
administration to the other members of the Commission to be able to have the time to go over
different pocket items. So, we will discuss that with a full Commission at the end of the day.
We are now... Thirty-seven, we said we will leave for a full Commission.
----------------------------------------------------------------------------------------------------------------
42. RATIFY / APPROVE / CONFIRM CITY MANAGER EMERGENCY
ACTION -- APPROVE DEMOLITION SERVICES FOR PIONEER CLUB
BUILDING FROM LANGO EQUIPMENT SERVICES, INC -- FOR
PLANNING AND DEVELOPMENT DEPARTMENT -- ALLOCATE FUNDS,
$5,160 FROM CIP PROJECT 413004, LUMMUS PARK MARINA.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Thirty-eight. It's a resolution, it's four -fifths vote.
Commissioner Gort: Move it.
Mayor Carollo: It's been moved by...
Commissioner Hernandez: Second.
Mayor Carollo: ... Commissioner Gort, second by Commissioner Hernandez. All in favor
signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays." So, it's been ratified by the four -fifths vote that we need.
le
June 9, 1997
r
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-397
A RESOLUTION BY AN AFFIRMATIVE VOTE OF FOUR FIFTHS (4/5THS) OF
THE MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING, AND
CONFIRMING THE CITY MANAGER'S EMERGENCY ACTION IN APPROVING
THE ACQUISITION OF DEMOLITION SERVICES FOR THE PIONEER CLUB
BUILDING FORM LANGO EQUIPMENT SERVICES, INC., FOR THE
DEPARTMENT OF PLANNING AND DEVELOPMENT UTILIZING EXISTING
DADE COUNTY CONTRACT NO. 2715-1/97, AT A TOTAL PROPOSED AMOUNT
OF $5,160.00; ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 413004, ENTITLED "LUMMUS PARK MARINA";
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID
ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS:
ABSENT:
None.
Commissioner J.L. Plummer, Jr.
----------------------------------------------------------------------------------------------------------------
43. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 39 (PROPOSED
USE OF TWO PARCELS FOR LATIN QUARTER SPECIALTY CENTER
AND FORMER PIONEER CLUB FOR OPEN-AIR PUBLIC MARKETS) --
RECONSIDER LOCATION.
Mayor Carollo: Thirty-nine.
Vice Mayor Regalado: On 39, I have a question. What kind of open market are talking about,
especially in the Latin Quarter parcel.
Mr. Jack Luft (Director of Planning and Development): Produce, arts, crafts. It is not a flea
market, it is fresh vegetables. It would be two days, possible three days a week. They are
seeking two or three locations in the City. We are considering the upper eastside, possibly
Legion Park and possibly Lummus Park, downtown. It has proven successful in Chicago, in Oak
Park. It's a national company, international company from Paris and we believe it could bring
some much needed activity to these areas. It would be monitored very closely, I think it could be
high quality.
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June 9, 1997
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Vice Mayor Regalado: Are these going to compete with the merchants around the Latin Quarter
area?
Mr. Luft: To the...
Vice Mayor Regalado: Are you sure about...?
Mr. Luft: Well, I am certain that there are going to be small vendors. They get vendors from the
area. It's a public market.
Commissioner Gort: Mr. Mayor? Yeah, this item, I don't have any knowledge of it and I really
would like to have more time before I can vote on something like this.
Mayor Carollo: None of us have, I don't think.
Commissioner Hernandez: Uh-huh.
Mr. Luft: I think Patty Allen brought this to you.
Commissioner Gort: And, particularly if we had any public hearing... Fine, Patty Allen has...
Mr. Luft: OK.
Commissioner Gort: That's Patty Allen, that's not me.
Vice Mayor Regalado: I think I have a problem because... have we consulted the merchants
around to see...?
Mr. Luft: All right. (phonetic).
Vice Mayor Regalado: We have?
Mr. Edward Marquez (City Manager): Mr. Mayor, since the members of the Commission
haven't been updated I would like to defer this item for the 26th also, if I may?
Mr. Luft: I tell you what, we can bring this back to you. It's an open issue to discuss where this
might occur. We have it... it's an interesting proposal. I think there are possibly neighborhoods
in the City where it could bring activity that we currently have little or none, such as down by the
river or possibly up on the Boulevard.
Vice Mayor Regalado: But we were approving here two sites?
Mr. Luft: In principle, two sites.
Vice Mayor Regalado: Specifically two sites.
Mayor Carollo: Well, you know, we all might be in full agreement Jack, that this might be a
very good proposal to do. What the Commission is saying is, is that we are not familiar with it.
We need more information.
Mr. Luft: All right, we will... I will...
Mayor Carollo: I personally also would life to know if we are going to be reimbursed at all for
the use of any of our properties.
88 June 9, 1997
Mr. Luft: Oh, yes, absolutely,. What I would like to do is have Diane Johnson from my staff
meet with you. We will give you the credentials and the description of the operation and we will
discuss possible locations in the City where you think it might work.
Vice Mayor Regalado: But...
Mr. Luft: We'll come back to you.
Vice Mayor Regalado: ... you said. Excuse me. You said possible locations but we were
approving... We voted this, we approved two sites.
Mr. Luft: What I would like to do is have this withdrawn today or deferred and we will
reconsider the locations and come back to you with the recommendation at the next meeting.
Mayor Carollo: OK, is there a motion to defer this item?
Commissioner Gort: Mr. Mayor, also before we go and... Jack, the only plan that I saw was a
fence company that went to DDA (Downtown Development Authority) and made a presentation
to DDA. I don't know if these are the same people you are proposing here...
Mr. Luft: Yes.
Commissioner Gort:... but at the same time, I think we should give an option to local people
also to bid on it. Because I have got people to call me...
Mr. Luft: OK.
Commissioner Gort: ... they have had interest in something very similar on 15th and 8th and so
on. And, I think if we are going to do this we should leave it open.
Mr. Luft: Well, this is not an exclusive lease. It's effectively a permit. You could even consider
two markets at the same time, same place. It's not meant to mean exclusive.
Vice Mayor Regalado: They are really like markets, right?
Mr. Luft: Yes, I do.
Vice Mayor Regalado: Right.
Mayor Carollo: Well, I think if this was something that had gone through DDA, that's
something that Commissioner Gort who is the Chairman of DDA...
Commissioner Gort: I don't...
Mayor Carollo: ... will study and come back to this Commission with a recommendation.
Commissioner Gort: I don't have any problem with the one site by the river, because we have
seen that, I have seen the plans, and I don't know if you all had the opportunity to. And, I think
there is no, any commerce or merchants around that area, and I think that would be very helpful
in the area. I do have a problem with the one on 15th and 8th. I think that one will compete a lot
with the existing business in that area and it should be a different use in that area. The one in
downtown Miami, Pioneer Club, I don't have any problem with. I have seen the plans and I
think it could work. But, at the same time, I think we should leave it open and if anybody else
can come up with a better plan, Iet's look at it.
89 June 9, 1997
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Vice Mayor Regalado: That's what I said because the problem is, is that there is market about a
block away and if you are going to sell produce and other food stuff, then, the market with that
will be affected. If you are going to sell other... we need to know if the merchants are in
agreement.
Commissioner Gort: We also have the PINARENOS that were burden down and they invested...
Vice Mayor Regalado: Yeah, well, the PINARENOS is opening...
Commissioner Gort: ... they invested a lot of money to build a new building there and it's
opening this week.
Vice Mayor Regalado: It's opening this week and...
Commissioner Gort: And, all they do is vegetables and products.
Vice Mayor Regalado: ... it will be specifically to sell produce. So, I mean, we need to...
Mr. Luft: Fine.
Mayor Carollo: OK, there is a motion to defer this item and there is a second. All in favor
signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays."
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 97-398
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 39 (PROPOSED
USE OF TWO PARCELS OF CITY -OWNED LAND PROPERTY, THE SITES OF
THE PROPOSED LATIN QUARTER SPECIALTY CENTER AND THE FORMER
PIONEER CLUB FOR CONDUCTING TEMPORARY OPEN-AIR PUBLIC
MARKETS); FURTHER DIRECTING THE MANAGER TO RECONSIDER THE
LOCATION FOR THIS PROJECT AND COME BACK WITH A
RECOMMENDATION.
Upon being seconded by Vice Mayor Regalado, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
June 9, 1997
i4wl
----------------------------------------------------------------------------------------------------------------
44. AUTHORIZE MANAGER TO INTERVIEW / RECOMMEND ENTITY FOR
MANAGEMENT AGREEMENT FOR SHRIMPER'S LAGOON.
Mayor Carollo: We are now in item 40, authorizing the City Manager to interview and
recommend to City Commissioners the most qualified entity for the purpose of entering into
management agreement with selected entity to assist the City Manager in the management and
operation of certain improvements in that portion of Virginia Key known as Shrimper's Lagoon.
Mr. Jack Luft (Director, Planning and Development): We have currently no official status for
the conduct of activities there. There is no permits, no licenses. We would like to have, if
possible, a simple management agreement. Interview individuals capable of operating it and
hopefully get some insurance. It's not an effort to change anything but to simply put it on a
more formal footing. We would like to discuss...
Commissioner Gort: Mr. Mayor?
Mr. Luft: ... interview firms and report back to you.
Mayor Carollo: Well, I just want to make sure that the people that would be recommended to us,
will have management experience...
Mr. Luft: Yes.
Mayor Carollo: ... in whatever is done there.
Commissioner Gort: Mr. Mayor, I have a question. I know we passed in the first reading certain
zoning changes within that area. And, Jack my suggestion is, in going back to this, that certain
areas that right now are zoned conservation...
Mr. Luft: Yes.
Commissioner Gort: ...that my understanding is, there is no way that we can do anything else
with it, why change the zoning in that area also? When you come back in the second meeting,
the areas that can be used only for conservation, why don't we leave it like that? And, this way
you would be able to get a lot of people that worry about changing the whole are., that we are
going to be using conservation area to create facilities, we wouldn't have that problem.
Mr. Luft: I am trying to understand. You are asking me, why not leave it conservation?
Commissioner Gort: Right.
Mr. Luft: Because conservation does not permit public use. It's not intended to permit any
public use. It's pristine, wilderness zoning for mangroves and critical wildlife areas. Right now
these are areas that are being used for docking, for bait stands, for film shoots for wind surfing
and...
Commissioner Gort: I understand. The area presently being used I don't have any problem.
Mr. Luft: Right.
91 June 9, 1997
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Commissioner Gort: But, there are certain areas that are not being used at all.
Mr. Luft: Right. Well, those areas next to the treatment plant for instance that are scarified
areas, they are currently today just bulldozed off level open field areas, there is no reason to put
them in conservation. It would prevent us from using the property from a productive purpose. If
we need to do parking, if we want to have sports fields, a portion of the landfill is zoned
conservation. It's all caserine, half of it is dead. We are only treating those areas that we foresee
other public uses consistent with our master plan serving public interest. To leave it
conservation would prevent us from doing any of that. And, there is nothing sensitive, nothing
environmental about these areas that we are changing. It was simply a mapping mistake. It's
unfortunate but that's all it was.
Mayor Carollo: Again, Mr. Manager, if we are going to be entering into a management
agreement, I want to make sure it's going to be a true management agreement. Short term with
sufficient language that will clearly make it a real management agreement.
Mr. Luft: OK, we will bring that back to you.
Mayor Carollo: This item, then, will be deferred.
Mr. Luft: Is this deferred or are we allowed to go out and seek management proposals? We are
just seeking permission to get letters of interest at this point.
MayorCarollo: I understand, I am sorry. I was thinking about the one on top that we just
deferred. There is no problem them seeking then, coming back to the Commission deciding
what action then to take. We don't have to accept any of the recommendations or we could
accept some of them. Is there a motion on this item?
Vice Mayor Regalado: Motion to defer.
Mayor Carollo: No this... Well, I am not asking for deferment...
Vice Mayor Regalado: All right.
Mayor Carollo: ... but I am asking for...
Commissioner Hernandez: Can I just...?
Mayor Carollo: ... the Commission to understand that they are going to come back to us and
then we could decide if we want to defer then, if we want to accept the recommendation or
accept none.
Vice Mayor Regalado: When are they coming back, Mr. Mayor?
Mr. Luft: We would bring it back probably in July, the second meeting of July.
Mayor Carollo: Well, I hope that the administration can interview sufficient people with
experience.
Mr. Luft: Yes.
Mayor Carollo: And, again I am emphasizing that.
92 June 9, 1997
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Mr. Luft: Yes, sir.
Mayor Carollo: Not what's popular but what's right, Jack.
Mr. Luft: What will work.
Mayor Carollo: All right.
Commissioner Gort: Second.
Mayor Carollo: There is a second by Commissioner Gort. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Mayor Regalado, who moved its adoption:
RESOLUTION NO. 97-399
A RESOLUTION AUTHORIZING THE CITY MANAGER TO INTERVIEW AND
RECOMMEND TO THE CITY COMMISSION THE MOST QUALIFIED ENTITY
FOR THE PURPOSE OF ENTERING INTO MANAGEMENT AGREEMENT WITH
SELECTED ENTITY TO ASSIST THE CITY IN THE MANAGEMENT AND
OPERATION OF CERTAIN IMPROVEMENTS ON THAT PORTION OF VIRGINIA
KEY KNOW AS SHRIMPERS LAGOON.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
NOTE FOR THE RECORD: Item 41 was tabled for later on in the
afternoon session of the ommission meeting.
Mayor Carollo: We are in forty-one.
Commissioner Hernandez: This should wait after all...
Mr. Jack Luft (Director, Planning and Development): You may want to...
Commissioner Hernandez: That goes with the other one.
93 June 9, 1997
Mayor Carollo: Yeah, yeah. This is part of the other one that...
Commissioner Hernandez: With the afternoon.
Mayor Carollo: ... that we will leave for the afternoon.
----------------------------------------------------------------------------------------------------------------
45. RATIFY / APPROVE / CONFIRM MANAGER'S EMERGENCY FINDING --
WAIVE COMPETITIVE BIDS -- APPROVE DEMOLITION SERVICES
SELECTION FOR TOWER THEATER SELECTIVE DEMOLITION, B-3253-
A, FOR DEMOLITION MASTERS, INC -- ALLOCATE FUNDS, $60,000
FROM CIP PROJECT 322061.
------------------------------------ ------------------------------------------------------------------
Gort: Forty-two, I move it.
Mayor Carollo: Forty-two has been moved by Commissioner Gort.
Commissioner Hernandez: Second.
Vice Mayor Regalado: Second.
Mayor Carollo: Second by Commissioner Regalado. All in favor signify by saying "aye."
Vice Mayor Regalado: Before we vote, Mr. Mayor, when are we expecting to have the
demolition concluded?
Commissioner Gort: Six weeks is my understanding.
Mr. Luft: Yes, we were given a notice by DERM (Department of Environmental Resources
Management) that there was some concerns about the air handling equipment in the back of the
building. We are resolving that issue now. Some asbestos on some insulation. We expect to
have that done in the next week or two and we should be completed in about four to six weeks.
Vice Mayor Regalado: Are we getting now the bids now for the construction itself, or are we
going to wait until demolition is complete?
Mr. Luft: We are going to be concluding the demolition sufficiently to the point that we can
bring contractors in and show them the building so that they can see what they will be dealing
with on the new construction and we expect to have a pre -bid meeting here within the next
couple of weeks for that construction bid.
Vice Mayor Regalado: I had several questions about how will the process of participating in the
bids for the operation of the theater is going to be. Do we have any information available
already?
Mr. Luft: Yes, we do. We have informally contacted a number of qualified operators that could
be interested in operating a cinema, experienced theater operators. We have a list of several
now. What we would be looking to do would be to advertise a "Request for Letters of Interest"
and qualifications for a management proposal to operate the theater. We can bring to you the list
of people we have, the discussions we have had and from there we would come back to the
Commission when we are... probably next month to seek letters of interest.
94 June 9, 1997
Vice Mayor Regalado: Yeah, I would really like to see the list because there are many people
interested in applying, local people. And, I am sure that they would like to go ahead and
participate in the process.
Mr. Luft: Fine. If you would like to have them contact my office, Lillian Medina. We will
discuss if further with them and we will meet with you individually and continue that discussion.
But, I think next month we will be going out for that.
Vice Mayor Regalado: Thank you.
Mayor Carollo: All in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-400
A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS
FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE
ACQUISITION OF SELECTIVE DEMOLITION SERVICES FOR THE PROJECT
ENTITLED "TOWER THEATER SELECTIVE DEMOLITION, B-3253-A" FROM
DEMOLITION MASTERS, INC., IN AN AMOUNT NOT TO EXCEED $60,000;
ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT
NO. 322061; AS PREVIOUSLY APPROPRIATED BY CAPITAL IMPROVEMENT
ORDINANCE NO. 11337, AS AMENDED; AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Regalado, the resolution was passed and adopted.
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: Commissioner J.L. Plummer, Jr.
ABSENT: None.
95 June 9, 1997
----------------------------------------------------------------------------------------------------------------
46. RATIFY / APPROVE / CONFIRM MANAGER'S EMERGENCY FINDING --
WAIVE COMPETITIVE BIDS -- ACCEPT BID OF ADVANTA FINANCIAL
CORPORATION -- FOR ICE MACHINE FOR SOLID WASTE
DEPARTMENT -- ALLOCATE FUNDS, $7,370.84 FROM SOLID WASTE
CODE 421101-840.
--------------------------------------------- -------------------------------------------------------------------
Mayor Carollo: OK, 43, 44 and 45 have been withdrawn. Forty-six.
Commissioner Hernandez: Move.
Commissioner Gort: This is an ice machine.
Mayor Carollo: How long ago was this lease purchased?
Mr. Ron E. Williams (Interim Director, Solid Waste Department): In July of last year, Mr.
Mayor.
Mayor Carollo: OK, is there a motion?
Commissioner Gort: Move it.
Mayor Carollo: There is a motion, there is a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: Passed this by the four -fifth vote required.
June 9, 1997
` f
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-401
A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING THAT AN EMERGENCY NEED EXISTED, WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND ACCEPTING THE BID
OF ADVANTA FINANCIAL. CORPORATION FOR THE LEASE/PURCHASE OF AN
ICE MACHINE FOR THE DEPARTMENT OF SOLID WASTE; ALLOCATING
FUNDS THEREFOR, IN THE AMOUNT OF $7,370.84 FROM THE SOLID WASTE
DEPARTMENT FY '97 BUDGET, INDEX CODE 421101-840; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR SAID MACHINE.
(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 Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
I ---------------------------------------------------------------------------------------------------------------
47. DISCUSSION REGARDING BILLING PRACTICES OF MIAMI- TCI (MTCI).
Mayor Carollo: Forty-seven has been withdrawn. Forty-eight.
Vice Mayor Regalado: Mr. Mayor, on 48, I asked the administration to have somebody from
Miami-TCI (Telecommunications, Inc.) because I think there is a problem with many residents
in the City of Miami. Several years ago Miami TCI, made a commitment to the tenants of the
elderly and disabled buildings in the City of Miami, these are HUD (Housing and Urban
Development) buildings, Dade County building, but within the City of Miami, that they will get
a special rate for their cable TV. These people, thousands of them, used to pay about nineteen
dollars ($19) per month for their basic service on cable. Now, about a week ago they started
getting bills for the month of June raising the monthly rate from nineteen dollars ($19) to
twenty-seven dollars ($27) and in some cases twenty-nine dollars ($29). Mr. Mayor, these
people are retired. They with a check of four hundred something dollars. Four hundred and
eighty-one dollars ($481) to be exact, most of them. And, they have to pay eighty-five dollars
($85) per month on the rent. As a matter of fact, the rent has been increased by five dollars ($5).
They have to pay the electricity bill, they have to buy some food. They attend dinning rooms in
the building but still they need to buy some food. They need to pay their phone and a raise of
eight dollars ($8) and nine dollars ($9) a month, it would seem small to many of us but for the
97 June 9, 1997
retired people, for the elderly people, for the disabled people, eight dollars ($8) a month is
something that will hurt their whole budget for the month. So, I have a problem. On Friday, I
went to King Height Towers, I went to the Three Towers, I went to other buildings. And, all of
the tenants were really, really disappointed because they cannot pay the eight dollars ($8) for the
raise and are going to have to disconnect their cable system. And, they will have a problem
getting good signals because of their antennas and the location of the transmitters of the different
TV stations. So, I really have a problem with extending this contract with Miami-TCI unless we
have an assurance that if we extend this contract they will defer the raise on the rates, that they...
on the elderly and disabled buildings (six). If not, if we cannot control this then my vote will be
in the negative. I am sorry, but I think it's only fair that if we keep extending this contract, they
will in turn give us at least the courtesy of not raising the rates to the people in the elderly's
buildings. These people cannot pay eight dollars ($8) more a month. They don't have the
money. Their check is the same, their bills keep mounting. So, I don't know, Mr. Manager, Mr.
City Attorney, if we can do something about that, if not, my vote will be not to renew or extend
the contract for a month.
Commissioner Gort: Then, you won't have any TV, then.
Vice Mayor Regalado: I am sorry.
Commissioner Hernandez: Did we not request last time we were here on this that we give them
a month to month extension pending...
Commissioner Gort: An RFP (Request for Proposal).
Commissioner Hernandez: ... an RFP?
Mr. Edward Marquez (City Manager): That's correct.
Commissioner Hernandez: Is that what's happening right now?
Mr. Marquez: That's correct. We do have a spokesperson from MTCI here right now, Ms.
Cheryl Blanchette, to address the Commissioners concern. But, the item for extension is not up
on today's agenda.
Commissioner Hernandez: Right.
Ms. Cheryl Blanchette: Good morning, Mayor, Vice Mayor and Commissioners. I appreciate
my concern. My name is Cheryl Blanchette. I am government affairs and communications
director for TCI, south region. While I hear what you are saying about some particular
communities and I would like to get some more detailed information about those specific
communities. Our rate adjustment for Miami TCI for basic and expanded service combined
because the majority of our customers have those two services combined was two dollars and
twenty cents ($2.20). So, I am think that some of the customers that you might have had contact
with might have also had converters and possibly that's where they might have seen a rate
adjustment also. But, the basic service was nine seventy-five, went up to eleven sixteen. The
expanded basic service was sixteen fifty and went up to seventeen twenty-nine, which is the total
of two twenty for those two services. So, I am thinking maybe the customers you had contact
with possibly also had converters.
Vice Mayor Regalado: No, I would show you and I would gladly send you the bills that were
given to me. I tell you, specifically in buildings operated by Dade County Housing Department
have shown to me several bills. I will tell you more than one dozen bills from those three
buildings that the rate went up from nineteen dollars ($19) to twenty-seven dollars ($27).
98 June 9, 1997
Ms. Blanchette: OK.
Vice Mayor Regalado: All of the bills are... exactly. In the Three Towers, Northwest 28th Street
and 17th, 18th Avenue, it's the exact pattern. From nine to twenty-seven dollars ($27).
Mr. Blanchette: Those are...
Vice Mayor Regalado: It's a raise of eight dollars ($8). And, I am sure that you know and you
can check, that you have a lot of customers in those buildings, because they are elderly and they
are disabled, and you know they watch television all the time.
Ms. Blanchette: Those are some of the Housing and Urban Development Buildings, is that
correct? OK. Is that correct?
Vice Mayor Regalado: Yes.
Ms. Blanchette: OK, that was actually our error. It's my understanding that there are unique
rates for those customers in those buildings. While they were charged the rate that other
customers that aren't in HUD housing, it is my understanding that the calculation corrections
have been made so that their bills that they see for July will be correct. And, I apologize for any
confusion and it's my understanding that it was because of a miscommunication in our Billing
Department that we did not get that information to them for the correct billing cycle.
Vice Mayor Regalado: Well, I tell you that, in one building you had on Friday about 20
cancellations because the people couldn't pay eight dollars ($8) more.
Ms. Blanchette: It was my understanding that we were going to get a communication out to all
of those customers via letter what their correct rates were. It could have been that those
particular customers did not receive those letters. We had discussed this in my office, in our
regional office, well over a month ago. So, it was my understanding that those letters were going
to go out immediately to all of the customers that were impacted. If those particular customers
didn't receive that information, I apologize again for that. I will confirm that all of those letters
were sent and possibly resend ones that might have come back with an incorrect address or
something like that.
Vice Mayor Regalado: So, what you are saying is, that we can tell them that no raise?
Ms. Blanchette: That's right. And, I'll be happy to take the names of the customers that you talk
to. There is an adjustment but I believe that the adjustment is minimal, quite frankly, because of
their unique status in HUD housing.
Vice Mayor Regalado: I'll give you about 400 names.
Ms. Blanchette: OK, that's fine. I'll be happy to take them before I leave today. Would you
like me to address any other questions or was that specifically your concern?
Vice Mayor Regalado: That was...
Ms. Blanchette: OK.
Vice Mayor Regalado: That was my concern.
99 June 9, 1997
Nov X
Ms. Blanchette: You can rest easy that that was a mistake that we had made and we apologize. I
thought that all the correspondence had gone out. Apparently, some customers had not yet
received it.
Ms. Esther Mae Armbrister: May I say something, please?
Mayor Carollo: Yes, of course.
Ms. Armbrister: My name is Esther Armbrister and my address is 3350 Charles Avenue. And,
you increased my bill to twenty-seven dollars ($27). It was sixteen something and you went to
twenty-seven dollars ($27). And, you have time to collect from me two different times, I paid
you. But, you, not only went up on mine to the month of... you went up on a lot other. And, I
am on a fixed income too. And, I do not live in a senior citizen house but I do have a mortgage.
Ms. Blanchette: May I respond to here concern?
Mayor Carollo: Yes, of course.
Ms. Blanchette: You do not live in HUD housing, currently?
Ms. Armbrister: No, I do not.
Ms. Blanchette: OK. But, if you were paying a... What I would like to do publicly is talk to you
directly because it sounds like your bill might have been impacted if you have a converter box.
Do you have converter boxes in your home?
Ms. Armbrister: What is a...?
Ms. Blanchette: The cable box that sits on top of the television.
Ms. Armbrister: No.
Ms. Blanchette: And, you had a rate that was... it sounds... I think we need to discuss that
because it sounds like you might have been impacted similar to the housing units that we just
discussed. So, I would like to talk to you after we sit down, is that OK?
Ms. Armbrister: Yes, ma'am. I certainly would.
Mayor Carollo: Now, you have got me curious. Why is someone that has a converter going to
be charged so much more now, all of a sudden?
Ms. Blanchette: It's not really so much more. It's just that converter boxes essentially are
available for premium services and if customers... What we do with the 1240 and 1205
processes -- annually review rates on both the service tiers which is basic and expanded basic
and the equipment. The premium services are unregulated so we generally review those on an
annual basis but not at the same time we do the basic and expanded. The equipment rates were
increased in some instances and our basic and expanded services were increased as well. So, if
a customer just has basic and expanded without a converter box, they would see a two dollar and
twenty cents ($2.20) increase. If a customer...
Mayor Carollo: In other words, anybody that has HBO or anything else, Cinemax is going to
need a converter box.
Ms. Blanchette: Yes.
100 June 9, 1997
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4t
Mayor Carollo: So, basically the bulk of the people in Miami are going to be charged another
two twenty but they are going to be charged much higher rates because they are all going to have
a converter box.
Ms. Blanchette: Well, if they have premium services. But, again, premium services are not
something that customers haven't been exposed to. The converter box increase is minimal as
well as the two dollar and twenty cent ($2.20) increase.
Mayor Carollo: What percent of your customers in Miami have premium service, therefore have
converter boxes?
Ms. Blanchette: I don't have that information. It's my understanding that our penetration is
probably in the neighborhood, you know, I don't want to give you misinformation but we may
well have well over 50 percent of our customers.
Mayor Carollo: There is no question about it, you do. In fact, I would say that the vast majority
of the residents that have cable television have a converter box because they have premium
service, they have one additional other service. So, let's get down to really what the increase is.
We have two twenty to start off with, then if you have...
Ms. Blanchette: Our converters are three dollars ($3).
Mayor Carollo: Yeah, then the box, converter box, how much extra would that be for the box?
Ms. Blanchette: I don't... I am sorry, I didn't bring the current rate for the converter, I believe it
may have gone up. I don't know, I am sorry. Unless, Elaine has some additional information
from the office. I am sorry, I came from the regional office, I didn't come from the systems, so I
tried to bring as much as I could with me.
Mayor Carollo: Yeah, well, there are parts of the City that the infrastructure that you have is so
old, that just to get regular cable service, you do need a converter box for the...
Ms. Blanchette: To get basic and expanded?
Mayor Carollo: To get basic and expanded, like in the South Grove.
Ms. Blanchette: I am not aware of that particular situation. Maybe Elaine can elaborate. (Other
customers that you are aware of that needed converter for basic and expanded?) -- off the
microphone. Yeah, none that I am aware of. It is my understanding that the premium services
are the service provided. But the person behind you is shaking here head, so I guess that she's
aware of a particular community...
Mayor Carollo: Yeah.
Ms. Blanchette: ... where customers are required to have the box.
Mayor Carollo: She's one of your present customers. Might be one of your former customers.
Ms. Blanchette: Well...
Mayor Carollo: You know, I will tell even myself, you know, we don't bother to call anymore
to complain...
101 June 9, 1997
-s ��•��f A IF
Commissioner Hernandez: Absolutely.
Mayor Carollo: ... because the same problems that we have constantly, we have them. We have
a variety of channels that are constantly getting snow, that you can't see them that well. And,
you know, we get somebody there, they will work on it. Within a short time we go back to the
same thing with other problems and it's to the point that, you know, a lot of people are tired of it.
A lot of people are tired of it and the increases that we are getting are stiff. You know, Miami
overall, is a poor community, that maybe five dollars ($5) six dollars ($6), seven, eight dollars
($8) a month extra might not be a lot to some people, but to many people in Miami, it is a lot.
And, you know, one of the few areas of enjoyment that many people have is their television at
home. You know, but, I will tell you, with these rate increases, what you are going to do is, that
you are going to have people going to satellite television and are going to stop altogether using
cable television.
Ms. Blanchette: Well, Mayor Carollo, I hope that that doesn't happen and I am sorry that your
assistant was disappointed in our service. I believe that all of the rate adjustment that just
occurred on June 1, for our customers was related to not only the FCC (Federal Communications
Commission) allowed prescribed rate calculations that allow us to take into account new
programming services, like the sports channels. And, from the correspondence that I received
from you and your fellow Commissioners when customers were very interested in having the
sports channel on and we were going through that very difficult negotiation. Those are
programming services that we are able to assess when we review our rates annually. So, that's
something to keep in mind. It was a two dollar and twenty cent ($2.20) increase for basic and
expanded service. And, again, the HUD housing citizens are in a different situation. But, while
we decided to go an annual rate increase or rate review quite frankly, was because we didn't
want to have to ask customers to pay on a quarterly basis for services when it could be confusing
and frustrating and we didn't want that to continue so we went to an annual process. When we
add new programming services, we have to take those into account as we review our rates
because they definitely are impacted by programming like sports channel and Fox news.
Mayor Carollo: How much extra since you keep emphasizing the two twenty for basic and
expanded? How much extra is it for the converter box that the majority of people, I would say
probably 80 percent or more of the people in the City of Miami use a converter box? How much
extra is it for that?
Ms. Blanchette: Our converters are now three dollars ($3). I do not have the card in front of me
that has the current rates. I apologize, I left my office without that. But, I can get that
information for you.
Mayor Carollo: So, the real raise that we have is over five dollars ($5) a month, at least?
Ms. Blanchette: No, not necessarily, sir. The converter went to three dollars. The converter was
somewhere in the neighborhood, between one and two dollars ($2). I don't have the exact
information in front of me. But, it wouldn't have been... If a converter... if one person... if a
person had one converter in their home they probably saw between a three and four dollar ($4)
increase.
Mayor Carollo: Ann Marie, you agree with that or not? You agree what she is saying that the
increase is only three or four dollar ($4) per household? This is not what, you know, I heard
from you up there.. Yeah, yeah.
Ms. Blanchette: Again, Mr. Mayor, I would like to discuss with her specifically what her bill is.
There maybe some other features that I am not aware of in her particular situation.
102 June 9, 1997
4.
Ms. Armbrister: I'll cut it off completely, honey. I...
Ms. Blanchette: Well, I'll be happy to talk to you and your specific situation so that we can
figure out why your bill was what it was.
Mayor Carollo: Ms. Armbrister, why don't you sit down with her before she leaves and then
after you are done with her let my office know because I get the feeling that there is going to be
a lot more people like yourself.
Ms. Armbrister: They have already disconnected. They can't afford it anymore.
Ms. Blanchette: Well, and again, if there is a concern that you have specifically about the fact
that our rates aren't properly calculated, all of our rates were calculated within the FCC rate
regulation formula of the 1240 and 1205 process. We actually did not ask for the maximum
permitted rated. The rate adjustment on our services was eight percent. In many of our other
communities it was greater than that. So, please understand that we have to take into account the
new programming services. The fact of inflation, the assessment of underestimation of cost for
last year's rate increase. We are trying to do our best to make programming affordable to
customers. We are also trying to look at the possibility of improving the integrity of our plant, as
you discussed, so the customers cannot have to experience snowy pictures and have to call for
service calls at all. We have also improved our service from the standpoint of having 24-hour
customer service available, having bilingual customer service associates available to address
questions. Twenty hours a day, 365 days of the year. And, it is my understanding that the level
of complaints from your office to our office has dropped tremendously since our customer
satisfaction center went into place.
Mayor Carollo: I hope that is correct. I will say this to you, the reason my home doesn't
complain is because we have just given up. You know, I hope that's the reason that we don't
here even more so from many other people. For instance, Ms. Armbrister that was here today,
she is one that we don't have down as a complaint. But, nevertheless, I mean, she was here
when you brought your presentation and she spoke up. And, there are many, many people that
you don't hear from, that you don't here from them because they are just tired. You know, they
are tired of constantly calling and getting nowhere. Anyway, I appreciate you coming up. Are
there any further questions from any members of the Commission?
Commissioner Hernandez: I just have a question for the Manager. Are we getting professional
assistance on the drafting of the RFP?
Ms. Elaine Buza: Elaine Buza, Telecommunications Coordinator for the City of Miami. Yes,
we are using the outside legal counsel of Matthew Libowitz and Associates and they are
assisting us drafting the RFP.
Mayor Carollo: How long has Mr. Libowitz been working with the City now?
Ms. Buza: Mr. Libowitz has been working with the City since approximately October of 1995.
Mayor Carollo: Thank you.
Vice Mayor Regalado: One final thing. I will ask the administration to get in touch with Dade
County Housing Department and post a note on all the buildings within the City of Miami stating
what was said here. That is that, it was a mistake and the rates will be the same.
Ms. Blanchette: That's fine. And, again, there is an adjustment. It's a minimal adjustment,
though.
103 June 9, 1997
0
Vice Mayor Regalado: Right.
Ms. Blanchette: But, we can definitely post that information.
Vice Mayor Regalado: Right.
Ms. Blanchette: Thank you.
Mayor Carollo: Thank you for your time. We will reconvene at 2:30 p.m. Thank you.
Vice Mayor Regalado: Mr. Mayor, can we do it at three, is it possible or...? Three?
Mayor Carollo: Yeah. We will reconvene instead at 3:00 p.m. One Commissioner cannot make
it.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 12:07 P.M. AND RECONVENED AT 3:19 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT AND THE CITY MANAGER FOUND TO BE
ABSENT.
-----------------------------------------------------------------------------------------------------------------
48. PRESENTATIONS/ PROCLAMATIONS.
----------------------------------------------------------------------------------------------------------------
HOWARD LICHTMAN MEMORIAL DAY C.O.P. SIGFREDO DELGADO -
COMMITMENT TO THE COP PROGRAM POLICE OFFICER MARTHA WANDER - FOR
ENSURING PUBLIC SAFETY AFTER TORNADO.
Mayor Carollo: We have a full board. If I may ask Sigfredo Delgado to come up for a
presentation. Let's see I don't know if... OK, well, while we are waiting for him to come, if I
may ask someone that's very special to the City of Miami. Someone that all of us know, if she
could come up, if I may ask Laurie Lichtman to come up, please?
[At this point, the Mayor read the proclamation of the City of Miami]
[APPLAUSE]
Mayor Carollo: Laurie, if I may, there is an additional presentation that we would like to give
you. This is something that I know you and Howie worked very hard on...
Ms. Laurie Lichtman: Oh.
Mayor Carollo: ... beautifying the streets of our City. And, would just like to present you with
this today.
[APPLAUSE]
Ms. Lichtman: Today is my birthday. And, last year at this time... [APPLAUSE] my husband,
Howard was always one step ahead of me. And, I got a surprise party. I always found out
everything. There are two things that he asked me to do. The main one was to carry on the
104 June 9, 1997
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business in his honor, which I will definitely do and the second thing is, to right for the City of
Miami so that it would not be abolished. He also told me in the hospital to tell the Mayor of the
City of Miami that many times when he is up here you will be standing alone because you are
doing the right thing. Just as Midtown stood alone for ten years in trying to get a contract with
the City. But, by standing alone and doing what's in your heart, he said that you will win and
you are a good Mayor. He also asked me to thank Tomas Regalado and the Commissioners that
helped us get this contract. I thank the City of Miami but most of all, you know, I am a fighter
and I will not give up. And, the City of Miami and our Commissioners are not going nowhere
because they have my support and all the support of my husband and all our friends. God bless
everybody. Remember the motto, money... succees is not taking money to the bank and
counting your dollars. Success is reaching out your hand and helping somebody under you or
just showing an act of kindness. That is success. [APPLAUSE]
Mayor Carollo: Thank you, Laurie.
Ms. Lichtman: Thank you.
Mayor Carollo: Thank you, very much. We have a commendation now for Sigfredo Delgado.
If he could come up, please? Tomas.
Vice Mayor Regalado: You know every day, this young man goes to work at seven a.m., in the
morning and when he finishes at his father's cafeteria in Flagler, he gets in his van and goes
around the streets of Little Havana to check to see what is the situation and to try to keep our
City without crime. Several days ago he saw a guy who he thought was suspicious and he
followed the guy and then he realized and was informed that this guy had committed a crime, a
very serious crime. So, he got hold of the guy. He waited until the police got there and the
police that committed the crime was arrested. It's people like Alfredito who make Miami better
everyday. [APPLAUSE]
Mayor Carollo: If I may now ask two of our very own, firefighter Debra Bratz and police officer
Martha Wander to come up, please. Ms. Debra, we will save for the next...
[At this point, the Mayor read the proclamation of the City of Miami.]
Mayor Carollo: Let me say this, I personally observed Officer Wander on that day, she was
working in one building that was the one that was the most affected by the tornado that hit our
City. It was a building in Little Havana that had had its roof caved in. And, there were close to
forty residents in that building. And, she treated them in a way that made the City of Miami
proud. She was caring, she was calm. She went that extra mile to truly make the residents of
that building feel that we cared about them. She treated them like if they were her own parents.
And, these are the kind of officers that we have in the City of Miami that do care about our
residents. You know, so many times you hear the bad. You know, this is the good that you
should be hearing about because there is a lot more good than bad and we are very proud to have
an officer like that working for us.
Police Officer Wander: Thank you. [APPLAUSE]
Mayor Carollo: Chief. Chief Gimenez, that is. If he could make sure that firefighter Bratz will
come to the next meeting because this is something that I think we ought to give to her in front
of the whole Commission.
105 June 9, 1997
--------------------------------------------------------------------------------------------...------------------
49. ACCEPT GRANT ($531,495) FOR JOBS PROGRAM - COMMISSIONER
COMMENDS ELBERT WATERS AND GWENDOLYN WARREN FOR
THEIR EFFORTS -- (SEE LABEL 3)
Commissioner Plummer: Mr. Mayor, if I may? With pride I would like to tell you that the City
of Miami has in fact through the hard work of Gwendolyn Warren and Bert Waters, we have
now been the recipient of five hundred and thirty-one thousand four hundred and ninety-five
dollars ($531,495) for the Jobs Program to put people to work in this City.
Mayor Carollo: That's wonderful.
Commissioner Plummer: It's a very hard job. They've done a very good job and I'm proud to
make that announcement.
Mayor Carollo: That is wonderful.
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50. DISCUSS AND DEFER CONSIDERATION OF PROPOSED INTERLOCAL
AGREEMENT WITH MIAMI SPORTS AND EXHIBITION AUTHORITY
FOR PROPOSED AVIATION AND VISITORS CENTER IN WATSON
ISLAND -- SCHEDULE WORKSHOP FOR JUNE 16, 1997.
Mayor Carollo: I think we're now on item 37, that we had left for our full Commission to be
present.
Commissioner Plummer: Thirty-seven?
Mayor Carollo: Correct. This has to do with the Interlocal Agreement. I will let the
administration explain this, and of course the representatives from the Visitors and Convention
Bureau. In a nut shell, let me say this, that the City of Miami should be so lucky as to have
something like this every week. What this translates to is that we will be receiving a building
that will house our terminal facilities for the sea planes and helicopters at Watson Island. It will
also have a visitors walk-in center for all our tourists. It will have an observation deck on top of
the offices of the Visitors and Convention Center that promote Miami and Greater Miami will be
housed there and it will not cost the City of Miami one penny. Half of the money will come
from the State of Florida through the matching dollars of the Visitors and Convention Center for
an approximate total of around five million dollars that it will cost to build. I can only wish that
we will find deals like this every week because this is something that sometimes only comes
once in a lifetime for the City. But, this is for real and I'll let staff explain it along with the
members of the Visitors of Convention Bureau that are here.
Mr. Aaron Weeks (Chief-of-Staft): Mr. Mayor, Jack Luft and the City Manager are on their way
back to the meeting. Arleen Weintraub will present their item to the Commission.
Ms. Arleen Weintraub (Assistant Director/Planning & Development): Yes, hi. Good afternoon.
Arleen Weintraub, Assistant Director of the department of Planning and Development. As the
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Mayor just mentioned, this is something that the administration and the City is quite pleased and
proud to be here to present today. The item is seeking the authorization to execute what is being
called an Interlocal Agreement. It is an Agreement between the Miami Sports and Exhibition
Authority (MSEA) and the City of Miami for a term of 45 years with an option for 20. 'Thank
you. This full development project will be carried out at no cost to the City in that the 50 percent
matching funds will be coming from a grant from the Florida Department of Transportation. The
other 50 percent will be provided by the users. Planning, design, construction dollars, it covers
all those items. The main player being the Miami Sports and Exhibition Authority of course,
through this land Interlocal Agreement along with the Miami Greater Visitors and Conventions
Bureau. That will be paying for 50 percent of the planning and design and construction cost of
the building that is anticipated to be three to five stories. It will probably be approximately a
five story building with a footprint of approximately - what is it, what? Thank you. Fifteen
thousand square foot per floor. The ground floor will be the hub of aviation facilities. It will
include ticketing, luggage handling, no doubt custom activities and it will bring together a
coordinated effort for the seaplanes and the helicopters that have certainly important our area and
also are quite an attraction. The lobby will also have a regional visitors center interactive type
facility in there and the above floors will house the administrative offices that will support this
sort of use. We have a sketch in front of you that shows you the area on Watson Island. It's the
southeastern quadrant of the island and it comprises approximately ten acres. Through the
Interlocal Agreement the City of Miami of course, will retain title to all property on Watson
Island. This is in compliance with our adopted master plan for these type facilities over the last
several years for the island and it is in accordance with all current zoning and all State planning
issues, with the exception of the deed restriction that we would want to get an administrative
ruling from the Department of DCA, the department of Community Affairs, which would be no
issue because this is remaining in public use. If there are any particular questions or if we'd like
to have...
Commissioner Plummer: I got a lot.
Ms. Weintraub: OK.
Commissioner Plummer: I got a lot of questions. And, just for the record. I don't know about
my colleagues on the Commission but I got the so called final draft yesterday. Mr. Luft came to
my house and brought it which is different than the draft that was in the backup material.
Overall, I have a concern that much of the approval of this project rests with the City Manager
and not with the City Commission. I've got a problem with that, OK. Second of all, I've got a
problem with the fact that the heliport is paying no rent. The City will not derive any revenue
from the heli portion or the air transportation portion. Understanding that all the monies go back
into the airport operation, that doesn't help the City of Miami. I think that what I need to know,
what is the value of ten acres on Watson Island? And, I need to know that the City is going to be
getting a fair return for their money. I also have a concern in which the Sports Authority or the
MSEA, is going to be the managing agent outside of the heliport terminal and yet it says in clear
language that anything that they do in that operation, that they are not held liable for. And if
they can do things without coming to this Commission and they are not liable for them, I've got
a problem, serious problem with that. You know, if they do something and they make a mistake
then in my estimation they've got to be liable. Likewise, if we do it and we approve it and we
make a mistake, there ain't no question where people come running with their lawyer. So, these
are some of the areas that I have a problem. I still don't have even with what Jack brought me
yesterday, a completed copy because much of it is scratched out, much of it is deleted out and
that's I think... I have another reason to ask a question. Where you talk about the many
instances the Regional Visitors Center, that in some portions of this contract I noted that it is
marked out, it's deleted out. And yet, in other portions it's not and I don't know the reason for
that. It's just... There's a lot of questions that I think... we're talking about a project of 45
years. I think it's a very fine project that is great for this community. But, 45 years is a long
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time. I doubt I'll that I'll a Commissioner for another 45 years. And, I wouldn't be around to
tell people why we did what we did. My question... my bottom line, I think we need some more
time to go over this document more in detail. We're talking about the thing today, Mr. Mayor,
about having a special meeting for just that one item that we're talking about. And I would hope
that when we do that we could use a full day dealing with the other item in the morning and this
one in the afternoon or vice versa. I have to admit to you that with all the rest of the material I
had to read and Jack saw it yesterday, on a Sunday, he came to my house. My hands were full.
And, as far as I am concerned, I think we can go over today. I've expressed to you my main
areas of concern and we can get back together on the other portions of the scenario. That's...
Mayor Carollo: Why don't we get out into the record any other areas of concerns that anyone
needs explained and would like to have changed. I think it's normal in these kind of procedures
to do that.
Commissioner Gort: Mr. Mayor. The concept itself I think, is something we discussed about
three or four years ago. So, this is nothing new. The... I have some of the problems that J.L.
had in looking through documents. One of the problems that I had also is looking to the
documents, maybe it was not having the background of an attorney, and I didn't get the feedback
from the attorneys yet. The payment to the City, you've got a four point two, then it tells you to
go six point two, then article... it does not specify how the City is going to be reimbursed in pay.
Also, we have a paragraph in here where we're stating that if a plan is presented to the Planning
Department and if it's not approved within 15 days by the Manager, automatically that plan will
become acceptable. I'd like to see which major plans... and our department comes in and we get
an approval in 15 days.
Commissioner Plummer: Huh.
Commissioner Gort: If we do, I mean we have come a long way. And, I like to see that being
across for everyone else. At least that's my interpretation of this. Also, I agree with J.L., in
most of the decisions by the Manager. I think it should be coming back to us.
Mayor Carollo: There's no problem with that.
NOTE FOR THE RECORD: Edward Marquez, City Manager,
entered the Gity Commission meeting at 3:39 p.m.
Commissioner Gort: The decisions should be taken by the Commissioners. The other problem
that I had is the insurance. There was article with the... if there was not enough insurance, in the
case of a catastrophe, then automatically the Interlocal Agreement will be dispersed and the City
will have that liability then. That's something we need to check on. And, I don't think the
City...
Mayor Carollo: If I remember correctly on the contract, it's open so the City could ask whatever
amount of insurance it so sees fit.
Commissioner Gort: OK.
Mayor Carollo: The...
Commissioner Plummer: If I may, Mr. Mayor?
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Mayor Carollo: Yes, certainly.
Commissioner Gort: Excuse me, J.L.
Commissioner Plummer: Oh, I am sorry. I thought you were finished. I'll wait.
Mayor Carollo: Let me say this for the record, that I don't think there is anyone whatsoever, in
fact, I would tell you that there's no one in the Sports Authority that has any other interest in this
but to be able to facilitate to the City getting this building done. It's a five million dollar
($5,000,000) gift that we're getting and that's the sole purpose for it. So, any changes or
addendum that need to be made in this agreement, feel free to bring it up and describe it.
There's, you know, plenty of room to make changes there.
Commissioner Gort: Also, I think it's very important that we know and the public knows the
restrictions that the land has because we all know the problem we went through to get some of
the waiver within the Parrot Jungle, when we had to up to Tallahassee and to get some of the
waivers that we have. It was not easy. So, I think it's very important that people also understand
the restrictions that we have within this... That's about the... what I have.
Commissioner Plummer: The one that's marked out or deleted, whatever you call it. Obviously,
was changed at the last minute from one document to another, and, I am reading from page ten.
"All airport revenue received by the authority from the operations of the air transport facility."
Well, obviously they were going to receive revenues, now that that's being deleted, why isn't the
City going to receive those revenues? I was concerned about that. I'm also concerned about the
naming rights. It gives exclusive right to naming and any revenues derived therefrom to the
Sports Authority rather than to the City. It doesn't acknowledge here the amount of money that
will be paid to the City for the municipal functions that have to be performed. There's got to be
a definite understanding because I am going to assume that a heliport is going to require fire
equipment to be on site. I would assume that that's the case. I don't know. And again, I don't
want to get back into a match with the County because it's not a City facility they demand to
place their own fire trucks as they're trying to do or were trying to do at the port. They
demanded that they provide their own fire trucks and I want to make sure that if in fact there is
fire trucks to be presented here, that in fact it's going to be the City and we're going to be
compensated adequately for that amount. The municipal services, I've gone through that. I
guess the other question that I wanted to ask was in fact, noticing where you have the parking.
I'm questioning if that parking area is not contiguous if in fact, it's going to be in the right area.
In other words, it's... Wait a minute, what's the other one?
Mr. Jack L. Luft (Director, Planning and Development Dept.): That was a potential site for
Parrot Jungle.
Commissioner Plummer: OK. Jack, my problem is, this is a valuable piece of property. OK?
Mr. Luft: Right.
Commissioner Plummer: And, I think that you got to take that parking, moving maybe some of
this other... For example, the Visitors Center, you see that there? If you were to move that what
I called to the north. Yes. And, then move the parking over there, you still have a great tract of
Iand for the City to put something else in there to derive revenues for the City, and still have the
parking contiguous to the main operation that's there. Do you follow what I'm saying?
Mr. Luft: Yes. I understand that the Visitors Center will also have the ticketing terminal,
passenger terminal for the seaplanes and it must be directly adjacent to the seaplanes.
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Commissioner Plummer: Jack, you're losing me. What I am saying to you is...
Mr. Luft: Yes.
Commissioner Plummer: ... that if everything could be to this side of the white road, you follow
me? That? No, no, this way.
Mr. Luft: Out here?
Mayor Carollo: No, inside.
Commissioner Gort: Here, here, J.L.
Commissioner Plummer: Oh, OK. If everything - to my colleagues - if everything could be to
this side of this road and everything to this side of this road it's still leaves you tremendous
tract of land that in fact could be used for some other source, hopefully in the future, to bring in
more revenue for the City. And, I think that's very important. It maybe just moving this up to
here and this up to here and the parking in the middle would be that. But, then we still leave all
of this tract here for something in the future that could be for City uses. And, I think that to me,
you know, we know across the street what the Parrot Jungle is going to be bringing in and the
source of revenue. Well, this will not be as big or maybe it is when you look at it. I don't know
the scale. But, in fact, we could have another source of revenue. The final question that I have
and I still question the need for a heliport. If you take off from LeJeune Road to this here, you're
talking three minutes on a helicopter flight. And, maybe you're talking about private helicopters
and Mr. Huizenga can still land in Bicentennial Park, so that's no problem. The point that I
guess that I am making and will ask, can we build this facility for the Visitors and Convention
Bureau without building the heliport? Because the heliport is not bringing in any income. I
realize they're coming up with half the money but maybe if you don't build it you don't need but
half of the money.
Mr. Luft: Yes.
Commissioner Plummer: So, these are the things that I have questions about, Mr. Mayor, and
with that I'll rest my case.
Mayor Carollo: Well, if you want to answer the heliport part, because I think it's a very
important key of this project. It's one of the few key landing areas for helicopters that we have
in all of the City of Miami.
Commissioner Plummer: Well, Mr. Mayor, my response to that is, as it was before. You don't
have to have waterfront property which is scarce in the City of Miami for the purposes of
landing a helicopter. A helicopter can really land pretty much anywhere they want to land. And
so, I seriously question that in fact a heliport is absolutely necessary on waterfront property.
You know many people criticized the Commission of which I sat on when the blimp went north.
But you know, what in fact happened you'd never have Watson Island there today because
Goodyear demanded that they had to build a ten story hangar on that property to house their
blimp or they were going to take their marbles and go home. And I told them, take your marbles
and go home. You don't need to build a ten story building on this piece of property to house a
blimp. What I am saying to you is, maybe it's important. But I am asking, is it possible to
separate the two? Maybe Mr. Stierheim would only need two and a half million dollar
($2,500,000) building if in fact, the heliport was not a portion thereof and would in fact take up
less room. So, that's the point that I'm trying to make. That maybe where it doesn't bring any
source of revenue in that we could separate the two and have them in two different items.
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Commissioner Hernandez: Mr. Mayor.
Mayor Carollo: Are you suggesting, Commissioner, that we do away with all helicopters that
are on Watson Island?
Commissioner Plummer: No, sir I am not suggesting that but I don't know that we need to build
a two and a half million dollar ($2,500,000) facility, even though they are paying for it, and I
understand that.
Mayor Carollo: Ah, it's a five million facility.
Commissioner Plummer: My question... Excuse me?
Mayor Carollo: Five million dollars ($5,000,000) facility.
Commissioner Plummer: No, it's five million with their two and a half...
Mayor Carollo: That's right.
Commissioner Plummer: ... and Merrett's two and a half.
Mayor Carollo: No, not Merrett's, the State of Florida.
Commissioner Plummer: Then, I've been misinformed. Mr. Luft?
Mr. Luft: The heliport and the seaplanes will be built with private operators cash plus the State.
The Visitor's Center and the terminal building will be built with half State and half Visitor's
Bureau money.
Commissioner Plummer: You indicated to me yesterday that the project was approximately five
million dollars ($5,000,000).
Mr. Luft: Yes.
Commissioner Plummer: So, he's putting up two and a half. My math still tells me two and a
half from five is two and a half. Now, maybe there's more that I don't know about. I'm not
aware.
Mr. Luft?: Yeah. For the portion of the building, the Visitors Center terminal and offices which
could be up to a five million dollar ($5,000,000) structure, yes.
Commissioner Plummer: OK, well that's what I said.
Mr. Luft: But, then there is the additional seaplane and heliport facilities which also bring...
Commissioner Plummer: Well, they're putting in their own money because the seaplanes are
already there.
Mr. Luft: Well, yeah. But, they really don't have facilities. The State will upgrade that facility,
put in 50 percent of the cash as they would...
Commissioner Plummer: For a private company, the State will put in the money?
Mr. Luft: Absolutely.
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Commissioner Plummer: Huh.
Mr. Luft: And, for the heliport.
Commissioner Plummer: And, now I know why they are in debt. The other thing that I have a
problem with is the...
Mr. Luft: These are from taxes on those airplanes.
Commissioner Plummer: OK, the other thing I have a problem with, not a problem. But, I want
to make certain that this Commission will have full approval of who goes in to that building.
Mr. Luft: Yes.
Commissioner Plummer:
there.
Mayor Carollo: No, no.
I have heard that possibly the Beacon Council might want to go in
Commissioner Plummer: I heard that maybe the DDA (Downtown Development Agency) want
to go in there and I don't know that I have a problem with that. I've heard that MSEA (Miami
Sports and Exhibition Authority) wants to go in there. You know, it's when you've got a
building, everybody wants to run to the new building, especially on the water, and they want to
be a part and parcel, especially if they are not paying. So, I'm just saying these are my areas of
concern in the very brief time that I had to read the document.
Mayor Carollo: Well, these are all legitimate questions. As far as who is going there,
Commissioner, the Visitors and Convention Center will be going there. The bottom floor is
where you will have your municipal heliport and seaplane terminal and then we will have some
space available either for the Sports Authority. The Sport Authority and Downtown
Development Authority or any other of our City agencies to be able to go there.
Commissioner Plummer: Well...
Mayor Carollo:... that are involved with the field of bringing conventions, exhibitions, tourism
to the City of Miami.
Commissioner Plummer: Mr. Mayor, I really have no problem with any City agency that might
be going in there. My main problem is, any agency that is not City, that might be going in there,
let them go out and rent their own.
Mayor Carollo: Yeah. Now, the only one that will be, and of course they are bringing in the
dollars, is the Visitors and Convention Bureau.
Commissioner Plummer: Well, also on page 18 you speak about the parties will have the right to
put in the concessions and the airport terminal, air transportation facility. Let me tell you
something, as I know the airport out here, the concessions raise a tremendous amount of money.
And, here we're looking at, from what I was told, that the airport facility portion of this will not
bring any revenue into the City, OK. And, I'm just saying that if they're going to put
McDonald's and duty free and all of those things...
Mayor Carollo: There no way that's going to happen J.L.
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June 9, 1997
Commissioner Plummer: OK.
Mayor Carollo: You're talking about Miami International and something very minute.
Commissioner Plummer: Well, Joe, when I look at the wording here it says "furnished
concessions." It doesn't say what. What, I'm saying is, that if their concessions as I know them
usually in an airport facility or air transportation facility, you're looking at duty free shops and
all of that, you're looking at big bucks.
Mayor Carollo: Anyone that would put any of that there would go broke because you're not
getting enough traffic between the seaplanes and the helicopters that are coming in there. This is
not Miami International Airport...
Commissioner Plummer: Yeah. OK, I'm just making it for the record.
Mayor Carollo: ... that you've got 35,000,000 passengers coming in a year. But, can you
explain on that a little more, Jack?
Mr. Luft: Yeah. We're looking at probably 15 to 25,000 passengers not million. We're talking
about a coffee shop perhaps, a snack bar, a gift shop, at best, in connection with the international
passengers that come through. It's really more of just a convenience item for the passengers.
It's really not a revenue now. If there was a desire for a food service facility, what we're trying
to plan out in our airport layout plan would be a boundary line that would allow any kind of
significant food service facility to go outside the airport boundary but in the lease, then we
would get the money.
Commissioner Plummer: Jack, I'm just using the terminology...
Mr. Luft: Yes.
Commissioner Plummer: ... that's here, that is not fully explainable...
Mr. Luft: OK.
Commissioner Plummer: ... as to what is a concession. That's all I'm saying.
Mr. Luft: Well, that's only the intent of the concession, is convenience for passengers.
Commissioner Plummer: On Page 26, Section 10-8. My understanding is, all of the money is
going to be put up by the Sports... Excuse me, back track. By the Convention Center and by the
air transportation. Why are we speaking to the performance and payment of bonds? What
bonds?
Mr. Luft: When you get to the contractors, contractors have to provide performance and
payment bonds.
Commissioner Plummer: It doesn't say that.
Mr. Luft: Which section are you in?
Commissioner Plummer: Section 10-8, on page 26. The Contractors... right. But that's the
only bonds that you see... It doesn't specifically say performance bonds.
Mr. Luft: Yeah. Contract of a Contractors, that's what it says.
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Commissioner Plummer: It's a performance bond. And they have to pay it.
Mayor Carollo: Yeah.
Mr. Luft: Performance bond for contractors. That's correct.
Commissioner Plummer: OK. I looked for and could not find, if in fact this goes for the 45
years, at the end of 45 years does all of the improvements revert to the City?
Mr. Luft: Yes, they do.
Mayor Carollo: Absolutely.
Commissioner Plummer: Free and clear?
Mr. Luft: Absolutely.
Commissioner Plummer: OK. Mr. Mayor, I don't know about your copy but this is the thing
that, as you can see, so much of it was "Xed" out.
Mayor Carollo: What page are you in there, Commissioner?
Commissioner Plummer: Page 32. It was a lot of the areas here that I... The reason I'm asking
for it to be deferred....
Mayor Carollo: Yeah.
Commissioner Plummer: ... is because of all of this terminology that was not in final draft.
Mayor Carollo: The reason that was placed in there, in this 32. I think it was opening up to the
City to ask whatever amount of insurance it would to feel protected like Commissioner Gort
expressed some concerns. I don't know if it was you or Commissioner Gort.
Commissioner Plummer: WeII, the problem is they...
Mayor Carollo: But this is opening it up so that it could ask whatever amount is needed.
Commissioner Plummer: Joe, if this is the same as the legislature, they deleted the wording as
well as the blank, so that the wording is no longer there, OK. You would read it, coming down
here, "invitees, patrons or contractors in such amounts as may be required," leaving all of the rest
of that out.
Mayor Carollo: Yeah.
Commissioner Plummer: They deleted the language.
Mayor Carollo: Mr. City Attorney, can you go over this? You know, I want all of the members
to feel comfortable with the wording that's here. You know, and if there are some things that we
could change and improve on this, you know, great. Let's do it.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Well, the language which we were discussing
earlier at some point in time you could always put a sentence in there that says in such amounts
as may be required by the City, that would tape care of that.
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Commissioner Plummer: Well, Mr. City Attorney, then go to page 35, and the thing that scared
me more, where they talked about being under -insured.
Commissioner Gort: Yeah.
Commissioner Plummer: That scared me. What happens if they are under -insured? And yet,
there is nothing in the front. I would want to hope the City would require and demand more than
what is necessary so that there would not be an under -insured problem.
Mr. Jones: Well, you know, the truth of the matter is that, you know, what's necessary...
Commissioner Gort: That was one of the problems I had.
Mr. Jones: Huh?
Commissioner Gort: That's one of the problems I had. This paragraph here.
Mr. Jones: Well, the problem... the situation is, that what is necessarily required for insurance
today, that you may think is adequate may not be adequate, you know, five years down the road.
So that's why you want to protect yourselves and have an under insured provision. Certainly, I
think one of the requirements that the MSEA (Miami Sports and Exhibition Agency) board,
when they accepted this the other day, was that they... Excuse me. They approved this with one
of the stipulations that the insurance, any insurance requirements be those that accepted and
approved by the City's Risk Management Division. Certainly, they are in a better position to
assess what the City's risk is and what requirements should be in place to adequately insure the
City's interest. So, I think that that language would be more than adequate to cover your
concerns.
Commissioner Plummer: OK, that's something that's going to have to be, in my opinion, go
more into detail. Page 36. Mr. Manager, again I'm reading here about bonds issued by the
authority or the City. Now, what is... what are the bonds? It doesn't say. This is not a
performance bond by a contractor.
Commissioner Gort: Where is that? 36?
Commissioner Plummer: Page 36, the last three lines. "... and any other existing contractual
obligations included but not limited, any existing, pursuant to any bonds issued by the authority
or the City."
Mr. Jones: Well, I think that was, if I'm not mistaken. Mr. Mayor, I think there was also
language that was put in at the behest of the MSEA board. Under the empowering legislation
that created MSEA, there's a provision that empowers them to issue revenue bonds, general
revenue bonds. And I think that that's what they wanted to make sure to cover that in this
particular provision of the contract.
Commissioner Plummer: OK, these are some of the things that I need to be... that we have got
to talk to.
Mr. Jones: I mean to the extent that they had... You know, to the extent that there are any bonds
that they may have issued or whatever else that may be somehow impacted them, this is put here
to really deal with that.
Commissioner_ Plummer: Well, I think that, you know, we're saying that this is at no cost to the
City and no cost to MSEA. Then, I think it should be written in that there should be no bonds
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issued. Bondings are an obligation and a financial responsibility of the City. And, it's not a
performance bond as you tried to tell me prior. These are bonds that could be issued for
whatever reason. And, I think if we're going to go along the route that says that this is at no cost
to the City or MSEA, that we ought to just very simply write into this document, there shall be
no bonds issued, period.
Mr. Luft: Yeah. I think, Commissioner, there are two areas here. There is the airport area,
which we're saying can be built with tenants and State monies. But, there is an area outside the
airport, a larger area, that you yourself referred to, has a lot of potential that you didn't want to
necessarily see a parking lot on.
Commissioner Plummer: Yes.
Mayor Carollo: But, Jack, if that's a...
Mr. Luft: And, if you want...
Commissioner Plummer: But that's not part of this Interlocal.
Mr. Luft: It is.
Mayor Carollo: If that's what the Commissioner wants. I mean, I for one has got... have no
problem with that because we definitely don't need any monies to build that building. And, the
only reason the Sports Authority is getting involved is to facilitate that building for the City and
you know it doesn't have any cash money in hand to get into bonds or anything else right now.
Commissioner Plummer: Now, he just brought up...
Mayor Carollo: Everything it had was given to the City.
Commissioner Plummer: Jack, he just. Excuse me. Joe, he just brought up a point. Let's
understand, so that I don't misunderstand. Bring the map up here again. MSEA, the authority
and this obligation will only be in the area of where these things exist. They do not cover here.
Mayor Carollo: It's the black part.
Commissioner Plummer: That's what I'm trying to avoid, all right? I'm trying to avoid. They
don't need all of this area here. If you move these people down here and you move that black
line like this up here, the City has the opportunity to make a tremendous revenue source. If you
put that here you've cut it more than in half. So, I would hope, I would hope that this black line
could just come right along that road, as it now and you could fit these things into that, which
actually is better for them. It gives them waterfront, right on the very, very waterfront.
Mayor Carollo: Well, that is one of the things that it would be better for whatever was down
there but it might hurt another development there.
Commissioner Plummer: Well, you know, the alternative, Joe, is to move all of that up to the
causeway, leaving the other part open. But, I'm saying is...
Mayor Carollo: Yeah.
Commissioner Plummer: ... I'm looking to the future and I don't want to be handicapped in the
future by having that line drawn there that gives them control of that area where I think you
could draw the line differently and still leave us a tremendous tract that we could in the future.
116 June 9, 1997
Mayor Carollo: Now, the heliport is going to be going where Jack? Can you point it out,
because?
Mr. Luft: The heliport is...
Unidentified Speaker: Jack and Commissioners, a strip of land is on the shorelines. This area
right here.
Commissioner Plummer: Yeah, which where they would take off over the water and not be a
danger to the people.
Mayor Carollo: Yeah.
Mr. Luft: That's the whole point. I... by putting it on the waterfront location all of the glide path
approaches for the heliport can be over water.
Commissioner Plummer: Jack...
Mr. Luft: And, that's the advantage of it.
Commissioner Plummer: ... I have no problem with that. You know...
Mr. Luft: So, it's a very small area there.
Commissioner Plummer: I would give up the entire waterfront area line...
Mr. Luft: Right.
Commissioner Plummer: So that it gives me the full control of what is the green part...
Mr. Luft: OK.
Commissioner Plummer: ... of this side of the causeway. That's my...
Mr. Luft: Part...
Mayor Carollo: Can it be done that way, Jack?
Mr. Luft: Well, it could be. Part...
Mayor Carollo: I mean, I have got no problem if it could be done that way.
Mr. Luft: Part of the thinking here was that we will need parking facilities and probably at this
point in time all we could manage would be some surface parking to serve the Visitors Bureau,
the Visitors Center, the heliport and the seaplane base. And...
Commissioner Plummer: Yeah, but Jack, if you go north on this side of the interior road, you've
got a lot more space in there that you could take and do it with.
Mr. Luft: I understand, but what we're trying to do is preserve a large developable parcel, the C-
1 Zone parcel, which is the area outside of this for a major development site. That MSEA
boundary can always be changed. This is just an Interlocal Agreement. So, you could modify
that boundary at any time. What this would allow us to do would be to approach the State for
117 June 9, 1997
funds to build the parking and the access roads to share in those costs as a part of the support
facilities.
Commissioner Plummer: Well, Mr. Mayor, I don't think there's any question in anybody's mind
that the Parrot Jungle is going to be one of the best things that's happened to City in many, many
years. And, I think that's going to spark an interest for others to be interested in doing
something in that area and around that area. And, I would just like to have as much of a parcel
available as possible we can, still accommodating this in whatever form it would be. But, I think
that I would like to see those lines redrawn.
Mayor Carollo: Well...
Commissioner Hernandez: Mr. Mayor.
Vice Mayor Regalado: But remember, J.L., in the north part, as you said you got the buses, the
parking for the buses of Parrot Jungle, so it would take a lot of space on the north part.
Commissioner Plummer: Well, I think that Parrot Jungle is going to use the very north tip on the
other side of the causeway for that.
Vice Mayor Regalado: No, they are not. It's under, underneath.
Commissioner Plummer: Well, underneath. There's tremendous parking underneath of that
bridge now. You can drive, well, excuse me. You can't drive. The road is there, they have got
it blocked off. But, there is a tremendous parcel of land up there that can be used.
Mayor Carollo: How can we fit that in that area there Jack, that the Commissioner is
mentioning?
Mr. Luft: Fit what, the...?
Mayor Carollo: Wouldn't the other line spread out more?
Mr. Luft: Really all...
Commissioner Plummer: Or even if you had to come in 50 feet inside of the interior.
Mayor Carollo: Yeah, or even 150 more inside of that line that the Commissioner is saying.
Mr. Luft: This line?
Mayor Carollo: No, no, no. The line that he talked about. Yeah, even if you've got to go...
Well...
Commissioner Plummer: Now look, bring it up here Jim.
Mayor Carollo: Yeah, bring it up so he could show it to you.
Commissioner Plummer: Look, look, what I'm saying to you, is that I think you can make
where this road is, is the line. Even if you had to go 50 feet or 75 feet inside of this line, all the
way with the black line coming up this way. Your tract for development is still there.
Mayor Carollo: The only thing J.L., that I would like to limit it, not take the whole waterfront
because that would, you know, complicate...
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Commissioner Plummer: Well, I'd like to preserve as much as possible.
Mayor Carollo: Yeah. Well, let me explain what I mean. You want to try to leave this area like
it is where it's not going to interfere with the marina, with a hotel going here.
Mr. Luft: Right.
Commissioner Plummer: You've got the operation in here...
Mayor Carollo: Yeah.
Commissioner Plummer: ... which I think is about as much as you can.
Mayor Carollo: Uh-huh.
Commissioner Plummer: Now, you're talking about having out here...
Mayor Carollo: Right.
Commissioner Plummer: ... possible cruse boats coming in there and that's also a possibility if
you can get it through the Core of Engineers.
Mayor Carollo: Yeah.
Commissioner Plummer: But, I just think that if we can do it this way, even if you had to come
in a little bit more...
Mayor Carollo: Yeah.
Commissioner Plummer: ... than the interior road that exists there today, that leaves all of this
here for future development and I think it would be very...
Mayor Carollo: That's fine. But, are saying that you also want to go up this way?
Commissioner Plummer: Yeah. If you have to.
Mr. Luft: We don't have to.
Commissioner Plummer: If you don't have to, then don't do it.
Mayor Carollo: That's what I'm saying, yeah.
Mr. Luft: All we use is this little corner, right here.
Commissioner Plummer: I don't want to go up this way any further than you have to...
Mayor Carollo: Yeah.
Commissioner Plummer: ... to accommodate what is necessary.
Mayor Carollo: We don't need to go up there because what we will do is, future City plans will
complicate them more because we want to have a hotel, we want to have marina here for mega
yachts maybe. So, it will complicate it more. So, we will want to cut it up...
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Commissioner Plummer: That's fine.
Mayor Carollo: ... right around where it's at.
Commissioner Plummer: That's fine.
Mayor Carollo: As you said, bring it behind this line. If we got to go out 50, 75, 100 feet more
this way, then do it in a straight line. But...
Commissioner Plummer: Well, and also, this area down here is a dead area.
Mr. Luft: Right.
Mayor Carollo: Yeah.
Commissioner Plummer: And it wouldn't hurt... It would not hurt any development.
Mayor Carollo: No.
Commissioner Plummer: OK. So, if you had to take a portion of this down here, on this tip
which is triangle portion...
Mayor Carollo: Yes.
Commissioner Plummer: Take it.
Mr. Luft: The difficulty we have right now is we have not yet, obviously begun our airport
layout work. We need to do an airport layout plan for the facilities and for the parking. Not
knowing how far back from the water we would go, we just embraced an area that would allow
us to plan for that. I think what we can do is look at a minimal airport layout plan that will work,
that will provide the services and facilities that we want and then adjust the MSEA boundary.
Amend it to conform with only that area and the support parking which is needed, leaving as
much out as possible. And, but... since I couldn't draw that line for you today, and I didn't know
how far that was going to go in, we just used that corner of the island. But, we could approach
this with that idea in mind that we would be able adjust or amend those boundaries accordingly
to reserve any areas that are outside of that immediate airport needs.
Mayor Carollo: Yeah„ that's fine. I think what the Commissioner suggested will make sense in
the long run. We don't need to extend it out as far as.what he's willing to do. We could cut it
where we said we would, where it's at there. We just need to get those measurements as quick
as we can to put it together.
Mr. Luft: Surely. That's item 41.
Mayor Carollo: Yeah.
Commissioner Hernandez: Jack.
Mr. Luft: Yes, sir.
Commissioner Hernandez: You told me on Friday that the majority of the revenue, if not all the
revenue that's generated from this project will stay within the project.
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June 9, 1997
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Mr. Luft: For the...
Commissioner Hernandez: Will stay to maintain the facility.
Mr. Luft: For the airport related. For the seaplanes and helicopters which is not a significant
amount of money anyway. But those revenues and rents that will be paid from that will have to
stay within the airport. Outside that airport boundary but within the larger lease boundary, if we
were to do a restaurant or other commercial services, the City would receive those revenues,
directly.
Commissioner Hernandez: Will that five story building that will be...
Mayor Carollo: Three stories.
Commissioner Hernandez: ... developed there...? Three stories?
Mayor Carollo: Three stories and approximately 10,000 feet per floor.
Commissioner Hernandez: Will it pay taxes to the City of Miami?
Mr. Luft: It will have to pay taxes. That's what that section on payment to the City is. As
figured as a part of the rent, the market rent for the property, we will extract a portion of that for
taxes to be paid to the City. So, we will be paid for the fire services, for police services and for
payments in lieu of taxes. So, we will get actually substantially more money than we have ever
received from those kinds of facilities in the past but it will still be within a market rent
framework of payments from the tenants.
Commissioner Plummer: All right. I see Merrett dropping his chair now. I've got to ask a
question though, Merrett. Will Merrett's portion of the outside of that be paying ad valorem
taxes?
Mr. Luft: Merrett's building... our Charter requires any property or projects that are not
otherwise taxable to be... to make payments equivalent to what the taxes would be if they were
accessed.
Commissioner Plummer: Answer my question.
Mr. Luft: His building is not assessable under State law. It is not a taxable project. But we are
required by a Charter for them to make payments to the City of the taxes that we would
otherwise get if it would be. So, yes, he will make payments but, no, it will hot be taxable under
current State law.
Commissioner Plummer: OK, but I would want that separate from rent. And, the reason for
that, the rent remains constant. The ad valorem and other equivalent would be going up possibly
year by year.
Mr. Luft: Well, this is our building now. We own the building, we own the property.
Commissioner Plummer: Not for 45 years, we don't own the building.
Mr. Luft: Yes, we do. We own it from day one.
Commissioner Plummer: Does that mean I can kick them out?
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Mr. Luft: It means he has a lease which you'll have to approve. Any subleases will come back
to you. But this building and any buildings built whether they are seaplane or heliport related,
will be our buildings. It will be our property from day one,
Commissioner Plummer: In the event of a default, and for whatever reason they go out of
business, in the fifth year, does the City immediately acquire the property without having to pay
back the two and a half million dollars?
Mr. Luft: As long as there is an airport function there and principally the heliport, the State is
fine. We don't have to pay them back anything.
Commissioner Plummer: I'm not talking about the State, I'm talking about Merrett's building.
Mr. Luft: Oh.
Commissioner Plummer: If, in fact they go for whatever reason...
Mr. Luft: Oh.
Commissioner Plummer: ... into default and they vacate the property, let's say in the fifth year.
Do we assimilate all of the things that are there without having to reimburse them for any out of
pocket expenses? I don't find that in this document.
Mr. Luft: We own the building, Commissioner. We don't have to pay them back, no.
Commissioner Plummer: But look, if they got two and a half million dollars ($2,500,000) of
their money involved. They have amortized that out over a period of 45 years of what it's
actually going to cost them. What I'm saying to you is, if a default occurs, is it understood or is
it going to be written into the document that the City immediately takes control of the building
and does not have to pay to the Convention Bureau any reimbursement for their leaving or
monies that they have expended. You follow what I'm saying?
Mr. Luft: I follow what you're saying. I guess the bureau is in a better position to answer that
than I am.
Commissioner Plummer: Well, excuse me.
Mayor Carollo: Of course, not. Well, you got Merrett up here, he could address that.
Commissioner Plummer: That's... Joe, I've got no problem with that but it's not in the
document.
Mayor Carollo: Well, we could put it in. That's no problem. That is why we are discussing
this.
Mr. Luft: That's the sublease document with them. This is the...
Commissioner Plummer: No, I'm talking about the total lease outside of the airport
transportation center.
Mr. Luft: I understand. But, understand this is the MSEA lease here. And, from that flows the
subleases and the agreements with Merrett and the others and it's in those documents that those
stipulation understandings would be expressed.
122 June 9, 1997
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Commissioner Plummer: Well, I haven't seen them and that's why I'm asking. Sorry, I didn't
have more time to read it.
I
Mr. Luft: OK.
Mayor Carollo: Merrett, go ahead. If you want to address that or anything else you would like
to.
Mr. Stierheim: Well, I would be less than honest if I didn't say I am discouraged. But, I know
Rome wasn't built in a day and sometimes it takes time. I don't find any of the questions
discomforting. What discomforts me is that there are no answers. I don't know whether you
have a memorandum there or what you have. I came back from vacation, I read this today. The
bureau brings a lot to the table and I've not found anyone and if there is anyone on the
Commission who is opposed to this project, I would do... they would do us all a favor if they
would say so today, so we don't waste our time. I, in my discussions individually with you, at
different occasions, some of you. This project has been on the table for two and a half years. I
was negotiating with Cesar way back when. You've already approved this. Not you,
necessarily. I think there's new faces on the Commission. But, you already approved this once,
unanimously. Sent it down to MSEA. MSEA approved it because I was there and now we are
back again. You have a master plan for Watson Island and I'm making a presumption while we
are negotiating with Jack and your people that we are negotiating based on a master plan. And,
now there's questions of whether or not you want a heliport on the site, whether you want to
change the whole location and so forth and so on. The... What the bureau brings is we are
willing to capitalize what we have been paying in rent, which has been heavy, to build a
building. The answer to your question, it's a public building. It is on public land. It is owned
by the City, will not be owned by the County. If the bureau went out of existence, certainly it
would go to you. Who else would it go to? I don't know who would make a claim on it. We
would probably go out to a consortium of banks and borrow the necessary capital from our end,
from the bureau's end. And, please, this is not Merrett's building, this is a public building. This
is a Convention and Visitors Bureau, this is the number one industry in Dade County. And,
everything that we do is designed to provide jobs and enhance the economy of the community.
The location of this building on Watson Island was received warmly, I believe by everybody in
the City, at least I was led to believe that, by the County. I have had discussions with the Mayor
and the Manager and some of the Commissioners by the... Miami Beach. They thought it was a
great location. It's on the main artery to Miami Beach and South Beach and downtown. The...
Commissioner Plummer: Merrett, don't misunderstand me.
Mr. Stierheim: No.
Commissioner Plummer: My question is, where you're putting up two and half million dollars
($2,500,000)...
Mr. Stierheim: Or thereabouts. I don't know what it will be, J.L., until we get...
Commissioner Plummer: OK. Call it two and a half million for argumentative sake. And, for
whatever reason you had to vacate and leave, are you going to say to the City, "hey, I need part
of my money back. I haven't had 45 years of what was anticipated...
Mr. Stierheim: All right.
Commissioner Plummer: ... and. I'd like the City to pay me back one million dollars."
($1,000,000).
123 June 9, 1997
Mr. Stierheim: Let me answer your question.
Commissioner Plummer: The document is silent.
{
Mr. Stierheim: Let me answer your question. What this is, now I'm going to play Manager now
for a minute.
J Commissioner Plummer: You do that too damn well.
Mr. Stierheim: You are essentially authorizing MSEA to proceed and negotiate with the bureau
that MSEA will be your instrumentality, if you will, to effect this project. But, I saw in here
repeated examples of everything coming back to the Commission. For example, in the back it
specifically provides that the agreement that would be negotiated between the bureau and MSEA
under the... and Quinn help me, it's under the indemnity or the liability provisions in the back.
Some of the boiler plate, it says that it must be approved by the Commission. So, that
j agreement will spell out the details. This provides that we make a payment of not less than the...
i what the County tax assessor would say would be the taxes. So, you're saying to the bureau we
want you to pay property taxes. And, I would presume at some point you're going to come
along and say we want you pay a fire fee. And, I'd be a little funny if I stood up and said that I
didn't, you know, think we should pay that in view of what's happened over the last year. Be
that as it may, we are not a cash cow coming to the table. My whole objective in doing this, in
addition to juxtapositioning that facility for the visitors and the public, is to generate more
dollars that I'm now spending in rent for advertising and marketing this destination. We are a
public purpose organization. We do not... We are not a profit making organization. Whatever
dollars I can save in rent or in fees or anything else is going to go 100 percent, not into salaries,
one hundred percent into advertising and marketing this destination. So, I see it as a win -win.
Now, when I say I am discouraged, I am a little discouraged. I think what has to happen here
Mr. Mayor and Mr. Manager and Commissioners, I think you need a work session. I honestly
i do. I think you need to sit down and you need time to digest this. You need a report from your
Manager that goes into detail and we'll be there and the DOT (Department of Transportation)
people... You are partnering J.L., with the State on this. In other words, the State is coming in
and partnering with the City through MSEA to build these air related facilities. And, that include
a fuel farm, it includes roads and access. Whatever else, Jack, is in that plan. Now, one more
point. We are not talking five stories, we were talking three stories. And the Beacon Council
came because they were looking for space. And, to be quite candid, I'm not God but I said "no."
jThis is not to be an office building per se. The DOT (Department of Transportation) in our
discussions, said to us, "Why should the bureau and the Visitors Center be there as a part of this
air related grant?" And, the reason is that the visitor industry is joined at the hip with the airline
industry. Ninety-four cent of our visitors come by air. Every time we book a convention, every
time we book a tour operator or deal with a travel agent or just a plain visitor, 94 out of 100 are
coming by air. So, I mean, DOT in their legal opinion came back and said that they agreed that
the Visitor Center activities were air related. And, that's what puts this whole package together.
Commissioner Hernandez: Merrett, if I may?
Mr. Stierheim: Yes, sir.
Commissioner Hernandez: The first time I ever heard about this project was Friday.
Mr. Stierheim: I'm sure it's new for you.
Commissioner Hernandez: I was given a package on Friday, I've read it over the weekend.
And, I'll be quite frank with you. I would vote "no" for this project today. I'm not ready to vote
for it but I would have to vote "no." I honestly don't think this is the best use of this property. I
124 June 9, 1997
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think this is one of the most expensive properties in the world, not only the United States. When
I look at it, I really wonder if this is the best, and I really have no doubt that this is not the best
return we can get for this City. And, I wonder if this would even pass the scrutiny of 29-C, if it
were placed through the 29-C process. I understand the quickest way to do this and the best and
most efficient way to do this is to go and structure it the way we have structured it. Now, unless
you could convince me - and we can have a workshop, and I think that's a great idea - that this
would be the best use for this piece of property, these ten acres of waterfront, prime waterfront
property, you are going to have a real tough time convincing me to vote yes on this project.
Because, I really think we can have a much better return to the City of Miami, than what this
project is bringing about, at least today before me.
Mr. Stierheim: Can I? And, I want to respond. Because, I am not here trying to promote or
lobby this project. I believe it's right. The Visitors Center, I think it's a strategic location for the
reasons that I said. You will, and I will supply you, if you wish with about a four page
memorandum that I wrote when I first took over the bureau on Watson Island in which I talked
about the highest and best use for the property. I mean, I don't doubt that for a minute that
instead of this here, if you want to go out and ask hoteliers if they want to build hotels, if you
want to have another attraction, there is probably a myriad of uses that you could put over there
that will generate more revenue for the City. You have to make a policy decision, it seems to
me, that is the seaplane, is a public heliport and I'm talking about a world class heliport, is a
world class visitors center which are all public facilities and public accessible desirable for the
City? Now, that's... There's arguments on both sides.
Commissioner Plummer: Well, but, Merrett there is another part of that argument. Is it
desirable for the City? The answer is yes. Is it desirable only if it's on waterfront property?
That's where the real question comes. You know, I still offer to you that one of the best things
that I think that you could do, and that is, where we have the Laser Tower in Bayfront Park, I've
said for time and time immortal that I thought your place should be in that which we don't use.
That you could fix that up for half a million dollars. You could have damn near 20,000 square
feet in that building and you would be in the heart of downtown Miami, right on Flagler Street
and Biscayne Boulevard. I would still tell you that today that I think that that is the best deal you
could have because it's there and you can utilize it. We don't utilize it.
Mr. Stierheim: And we have several other proposals and offers that are in with us, but that's an
interesting one.
Commissioner Plummer: Yeah, but I'm saying, I think the real question comes according to
Humberto's documents, OK.
Mr. Stierheim: That's fine. Stop spending our... Wasting our time.
Commissioner Plummer: No, we're not wasting your time, because you're not dead, not yet.
Mayor Carollo: Let's quit beating around the bush and come to the bottom line of it. This is
nothing new to any of us including Commissioner Hernandez that's one of the last members of
this present board. He might have read the documents for the first time on Friday but he's
known and heard about this for some time. In fact, we have some future candidates here that
have been attacking this project in the radio. So, I mean, this is nothing new that all of a sudden,
this is not something that has been brought up today. This is something that a majority of this
Commission has approved already in concept. Now, if there are only reasons that people are
asking, that they want to change parts of the agreement, that's one thing. But, if what we're
getting into is that we do not want five million dollars ($5,000,000) to be given to the City of
Miami for a new structure that is going to help the City of Miami tremendously, then let's say so.
You know we... I cannot, for the life of me, understand how we could have helicopters coming
125 June 9, 1997
in and out of Watson Island, have seaplanes coming in and out and there has never been a
concern about that there. The fact is that this building is going to take a very small amount of
room on that part of the island. How much will you estimate the actual building is going to take
here, Jack?
Mr. Luft: Right about an acre.
Mayor Carollo: About an acre. That's what we're talking about. The only reason that the
Sports Authority was asked to facilitate itself for this, was because this was the quickest legal
way of being able to accomplish this for the City. The Sports Authority doesn't want to take on
any additional headaches which this would be for the Sports Authority. It's being done for the
good of the City of Miami. So, you know, we're talking about one acre approximately of land
that this building is going to take. All the other lines that the City drew and Jack and his
Planning Department, you know, it doesn't really matter. Pan American Airlines seaplanes have
certain vested rights there, they are claiming that they have. The helicopters are coming in and
out of there right now. It's not fair to keep the Visitors and Conventions Bureau hanging over
this. You know, if this is going to be a political decision, let's, you know, cut through all the
shenanigans and let's say, this is a political decision, we don't want it for this reason. If it's not,
let's try to keep some decorum how we go about this. If we want, we'll set up a time, if the
majority of the members of this Commission want to set up a working session so they can go
through it and make whatever changes they want on it. I, myself, don't need any additional more
work than I have had on this already.
Commissioner Gort: Mr. Mayor, I think the concept of something was approved a long time ago
and I think one of the things that has not been stated here is, the City of Miami have been
contributed to the exhibition for a long time and one of the changes was, rather than contributing
cash like we have been doing in the past, let's try to come up with this type of deal.
Commissioner Plummer: The Interlocal.
Commissioner Gort: The Interlocal Agreement. Part of the... I don't have any problem. I think
we brought out some suggestions that I think to make it even a better project and to answer some
of the questions that are out there, to make sure that everybody understand what we are doing
here. I think the workshop is needed because if we can make this a better project, why not? And,
I think that's what we're trying to do and we're trying to ask the right questions to make sure
that the documents state all the questions that we have that are answered.
Commissioner Plummer: Mr. Mayor, I agree. Let's have a workshop. I've put my questions on
top of the table. If I have any more before the workshop, I'll surrender them to the
administration. At the workshop let's get all of the people sitting around the table at one time
and let's get the answers.
Mayor Carollo: Well, Commissioner, I would suggest so this is not prolonged because they have
a deadline to start meeting construction so that they can move out of their place. That we do the
workshop as quickly as possible. I don't know if this Commission will be ready to have it on
Friday or early next week.
Commissioner Plummer: How about Saturday?
Mayor Carollo: Saturday will be fine for me also, in the morning.
Commissioner Gort: I'm out of town.
Commissioner Plummer: Saturday morning, eight o'clock?
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Commissioner Gort: I'm out of town.
Commissioner Plummer: You're out of town.
Mayor Carollo: When will you be back, Commissioner?
Commissioner Gort: Monday. I'll be back Sunday.
Mayor Carollo: Will you leave on Friday? Will you he here Friday?
Commissioner Gort: No, I'm leaving on Thursday.
Commissioner Plummer: How about meeting on Friday the 13th.
Commissioner Gort: I'm leaving Thursday afternoon.
Mayor Carollo: You'll be back on Monday?
Commissioner Plummer: No, no, no.
Mayor Carollo: Monday, if we can do it in the morning then.
Commissioner Plummer: No. If you're going to have it on Monday, you got to do it in the
afternoon. Monday mornings kill me, Joe.
Mayor Carollo: Afternoon is fine. One... one thirty?
Commissioner Plummer: That's fine. What's the other issue that we were going to have a
workshop on?
Vice Mayor Regalado: It's about the Dinner Key. One thirty...
Commissioner Plummer: What?
Commissioner Hernandez: Merrill Stevens Boatyard.
Commissioner Plummer: Oh, Merrill Stevens.
Mayor Carollo: Merrill Stevens, if you want to do a workshop on that so, then, we could bring it
up to a vote. We could try to do a workshop on that also.
Commissioner Plummer: That's...
Vice Mayor Regalado: Mr. Mayor, can we?
Mayor Carollo: But, I don't know if you'll be ready or not though.
Mr. Edward Marquez (City Manager): The Merrill Stevens, I am going to need more time than
this coming Monday.
Vice Mayor Regalado: Can we start this workshop at noon?
Commissioner Plummer: I can, yeah.
127 June 9, 1997
Fid
Mayor Carollo: At noon, sure. I have no problem doing it at noon.
Commissioner Plummer: Tell nobody to die.
Mayor Carollo: Monday at noon. Now, what I would like to do is establish some guidelines of
how we are going to proceed in this. We will have the workshop where I would hope that most
of our questions will be answered. What I'd like to do is bring it back to this Commission as
quick as we are done with that workshop. Unless we want to... unless the majority of the
members of the Commission would feel sufficient that they have received sufficient information
so that we could take a vote at it at the end of the workshop.
Commissioner Plummer: Well, then you would have to advertise.
Mr. Jones: Yes. Well, you need to advertise it as a special meeting then and a workshop if you
want to take legislative action.
Commissioner Plummer: Well, I think we can give a consensus of opinion which will...
Commissioner Gort: You can have it on the 26th.
Commissioner Plummer: Yeah.
Mr. Marquez: Mr. Mayor?
Mayor Carollo: Excuse me?
Commissioner Plummer: So, we're talking the 16th of June.
Mayor Carollo: That's the Monday. Yeah, the 16th is Monday.
Commissioner Plummer: OK.
Vice Mayor Regalado: You mean next...
Commissioner Plummer: Monday the 16th starting at noon.
Vice Mayor Regalado: Excuse me. Next Monday you mean, right?
Commissioner Plummer: Yeah.
Mayor Carollo: This Monday. Now, my question again...
Vice Mayor Regalado: It's not the 16th. It's not the 16th.
Commissioner Hernandez: Which one are you talking about?
Mayor Carollo: We want it advertised as a special meeting so we could take action at that
meeting if we would like to.
Commissioner Plummer: Well, it never hurts anything to do it. You don't have to take action,
you can if you want, you don't have to. But the advertising makes you legal.
Mr. Jones: Yeah, just so you don'.t...
128
June 9, 1997
Commissioner Plummer: I'd say advertise it.
Mayor Carollo: OK, advertise it because we need to either go with it or kill it.
Commissioner Plummer: The only detriment you have of advertising it, then, becomes a public
hearing and everybody has the right to speak. And, then it's not really a workshop.
Mr. Jones: No.
Mayor Carollo: Well, the workshop will be the first part if...
Commissioner Plummer: OK, fine. Fine.
Commissioner Gort: The public has the...
Mr. Jones: No, that's not necessarily the case. I mean, the workshop is specifically for you and
not the public. It's for you to answer any questions...
Commissioner Plummer: When you advertise it as a public meeting.
Mr. Jones: It is a public meeting, Commissioner Plummer, but to the extent that you advertise it
as a workshop and the fact that you may take legislative action afterwards. The purpose of the
workshop is for you to answer any questions without necessarily public input. It's for you as a
Commission.
Commissioner Plummer: Fine. Let's move on.
Mayor Carollo: Well, any further questions that anybody else has, so that the administration can
get it for the members of the Commission here?
Commissioner Plummer: I've made my thoughts clear if they wrote them down.
----------------------------------------------------------------------------------------------------------
51. RECONSIDER / DESIGNATE ACQUISITION OF ARCHITECTURAL AND
ENGINEERING SERVICES FOR WATSON ISLAND AVIATION AND
VISITORS CENTER.
Mr. Edward Marquez (City Manager): Mr. Mayor.
Mayor Carollo: Yes.
Mr. Marquez: Can we address item number 41, at this point in time? There is a time...
Mr. A. Quinn Jones, III, Esq. (City Attorney): We need a vote on that meeting.
Mr. Jack L. Luft (Director, Planning and Development Dept.): Right.
Mayor Carollo: Well, 41 ties into...
Mr. Luft: Forty-one authorizes us to begin Abe ocess of selecting an architect. Obviously, we
would not have one selected by Monday. But, irwas a very time sensitive question. We need to
129 June 9, 1997
�� A
get going if we are going to have an architect on board to follow through on the next phase of
this project. We would like to, at least, advertise for interest from the professional community.
It's category B, Selection of an Architect to design these facilities.
Commissioner Plummer: And, let me tell you something. He better have an office in the City of
1 Miami, ever who he may be.
Mr. Luft: OK.
Commissioner Hernandez: Well, how can we go ahead and vote on this if we don't even know
if the project is going to go ahead or not?
Commissioner Plummer: This is just to give him the right to go out and start looking.
Mr. Luft: All this is allowing us to do is request letters of interest from architects. That's just
beginning the selection process.
Commissioner Plummer: You're not obligated in any way...
Mr. Luft: We would not...
Commissioner Plummer: ... any financial or anything.
Mr. Luft: We are not paying anything, we are not committing anything. We're just beginning a
process that we have to follow.
Commissioner Plummer: I move item 41. There is no problem why we can't.
Mayor Carollo: There is a motion by Commissioner Plummer. Is there a second?
Vice Mayor Regalado: Second.
Mayor Carollo: Second by Vice Mayor Regalado. All in favor signify by saying "aye."
The Commission (Collectively): Ave.
Mayor Carollo: There is no "nays".
130 June 9, 1997
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The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-402
A RESOLUTION DESIGNATING AS A CATEGORY "B" PROJECT THE
ACQUISITION OF ARCHITECTURAL AND ENGINEERING SERVICES
INCLUDING PREPARATION OF CONSTRUCTION DOCUMENTS FOR THE
WATSON ISLAND AVIATION FACILITY AND VISITORS CENTER PROJECT;
AUTHORIZING THE CITY PROFESSIONAL SERVICES; APPOINTING A
CERTIFICATION COMMITTEE OF NOT LESS THAN THREE MEMBERS WHOSE
PROFESSIONAL EXPERTISE IS IN THE AREA OF ARCHITECTURE AND/OR
ENGINEERING, AND APPOINTING JACK LUFT, DIRECTOR OF PLANNING AND
DEVELOPMENT, AS CHAIRPERSON OF THE COMPETITIVE SELECTION
COMMITTEE, ALL IN ACCORDANCE WITH FLORIDA STATUES SECTION
287.055, AND CITY OF MIAMI CODE SECTION 18-81.
(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.
----------------------------------------------------------------------------------------------------------
52. SCHEDULE WORKSHOP / SPECIAL MEETING ON JUNE 16, 1997 AT
NOON TO DISCUSS INTERLOCAL FOR PROPOSED WATSON ISLAND
AVIATION AND VISITORS CENTER -- SEE LABEL 50.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, can we take a vote for the record for
setting the meeting.
Mayor Carollo: Yeah.
Commissioner Plummer: I move that June the 16th...
Mayor Carollo: Twelve noon.
Commissioner Plummer: ... be a special meeting of this City Commission which the Mayor
could have done without a vote.
Mayor Carollo: It's been moved by Commissioner Plummer, second by Commissioner Gort.
The meeting will be at 12 noon.
131 June 9, 1997
Commissioner Plummer: And, include if you would, the two items so that we don't have to be
bound by not being able to speak to just one.
Mayor Carollo: When you are saying... Yeah, you're saying to a vote, also.
Mr. Jones: The workshop...
Commissioner Plummer: No, no, no. The point is...
Mr. Jones: The workshop and all legislative action.
Commissioner Plummer: Exactly.
Mayor Carollo: Yeah. Sure. Yeah.
Commissioner Plummer: Any other legislative action that this Commission deems necessary.
Mayor Carollo: Correct. Uh-huh. All right, all in favor signify by saying "aye."
The Commission (Collectively): Aye.
I
Mayor Carollo: There are no "nays".
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-403
A MOTION SCHEDULING A WORKSHOP/SPECIAL MEETING OF THE CITY
COMMISSION ON MONDAY, JUNE 16, 1997 AT 12 NOON IN CONNECTION
WITH PROPOSED INTERLOCAL AGREEMENT BETWEEN THE MIAMI SPORTS
AND EXHIBITION AUTHORITY AND THE CITY OF MIAMI FOR PROPOSED
WATSON ISLAND AVIATION AND VISITORS CENTER, ALONG WITH OTHER
ISSUES OF PUBLIC IMPORT.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
j 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.
132 June 9, 1997
wis J
Y1
-------------------------------•--------_-----------------------------------------------------------------------
53. COMMENTS REGARDING MAINTENANCE OF CITY MEDIAN STRIP
ALONG MCARTHUR CAUSEWAY.
Vice Mayor Regalado: By the way, Mr. City Manager, who is responsible for maintaining the
median strip on the Causeway, on McArthur Causeway? Because, you know when you go to the
beach and you come back from the beach... You mean, the State. Well my question is, why
would the State pay to keep the Miami Beach side neat and clean and not the Miami side neat
and clean.
Commissioner Plummer: Because Miami Beach was always their favorite son.
Vice Mayor Regalado: Well, as you stand in the Golden Heights and look to Jordan and Israel,
you see what they call the green line. Now, if you stand on the cranes on the Port of Miami, you
will see the dirty lines.
Mr. Jack Luft (Director, Planning and Development): Are we talking about McArthur Causeway
across...?
Vice Mayor Regalado: We are, MacArthur plus the sides. But, we are talking about McArthur
Causeway.
Mr. Luft: Right, right. The State maintains McArthur Causeway across Waston Island, just as
they do on the stretch heading toward Miami Beach. As part of our road improvement scheme
for Parrot Jungle, they shall put new furnished roads along the side of the Causeway and a new
interchange. There is a substantial landscape and beautification element as a part of that that will
greatly enhance the landscaping on the Causeway and that will all be maintained by the State.
Vice Mayor Regalado: Yeah, but my question...
Mr. Luft: It's a two million dollar ($2,000,000).
Vice Mayor Regalado: ... is, you see the trucks from Recio Farms, keeping the Miami Beach
part clean, neat, even watering the flowers. And when you cross the Miami City limit sign, I
mean, you...
Mr. Luft: There is no landscaping on our side.
Vice Mayor Regalado: I am sorry.
Mr. Luft: The landscaping that you see is in our property, not in the State right-of-way.
Vice Mayor Regalado: No, no. It's in the median strip. You have got some property in the
median strip and next to the bridge that is not maintained. I am telling you, that if you go by
there, you will see it, right now. It's in the bridge and it's near the bridge.
Mr. Luft: OK. I will look but I am just telling you when we get to the new road scheme all of
that will be enhanced and maintained by the State. Two million dollars ($2,000,0000).
Commissioner Gort: Let me tell you what's happening because I am experienced enough
following with the Venetian Causeway. The Department of Transportation for the County has
133 June 9, 1997
awarded a grant to do the study, to do the Venetian Causeway. In the second place, the City of
Miami Beach has placed an additional sixty thousand dollars ($60,000) to improve that study.
And, this is something that is going to happen in the project, and I don't know if Miami Beach
went beyond that. (phonetic). One of the things that we are doing with the OMNI is, we are
asking the County to allocate the same amount of funds to make sure that we do the same studies
in the same plans for the Miami side. So, this might be one of the projects, Jack.
----------------------------------------------------------- ----------------------------------------------------
54. COMMENTS REGARDING REJECTION OF BIDS FOR MAINTENANCE
SERVICES AT ORANGE BOWL.
Commissioner Plummer: I would like to ask... Mr. Manager? Aaron, the City put out a bid for
the maintenance for the Orange Bowl. The bids came in and for whatever reason the Manager
threw the bids out. Am I at liberty to ask why the bids were thrown out and how you are going
to go through a competitive bidding now that everybody has put their numbers down in writing
and have submitted them? And, my final question, Mr. City Attorney.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Yes, sir.
Commissioner Plummer: Does this Commission have the right to overrule the Manager's
cancelling that contract? We do have that right? OK. I would like to know why all of the bids
were in, all of the bids were there and all of a sudden for whatever reason the bids were pulled
and the bidding was cancelled. I am sure there must be a reason and I would like to know what
it is?
Ms. Judy S. Carter (Director Purchasing): Well, we determined sir, that the specifications as
they were written were not as clear as they should have been particularly as it relates to the
potentially new vendors that could participate in this bid. So, as a result of that and when we
find that happens we will reject the bid so that we can make clear for all those who may
participate exactly what they can anticipate in the way of providing events maintenance services
to the Orange Bowl.
Commissioner Plummer: Yeah, but you are now aware that all of the bidders' numbers have
been exposed.
Ms. Carter: That's very common place.
Commissioner Plummer: I mean, how do you have a sealed bidding now...
Ms. Carter: We reject all the time, sir, that's common place. I mean, when we feel that we have
not provided a clear document then if behooves us to be fair and make good a better document.
And, it could happen at times. There have been needs that have changed during the interim...
Commissioner Plummer: OK.
Ms. Carter: ... and that's the price of doing business.
Commissioner Plummer: Would you please write me a memo to that effect of why the Manager
threw out the bids?
Ms. Carter: Yes, sir. .
134
June 9, 1997
Commissioner Plummer: OK, it seems unfair to me but, I'll listen. Thank you, for being my
secretary. No, no, that's a ring down phone only. It's only supposed to be picked up and ring in
my office.
----------------------------------------------------------------------------------------------------------------
55. EXTEND LEASE AGREEMENT FOR NEIGHBORHOOD JOBS PROGRAM
WITH BAYVIEW ASSOCIATES, INC.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: What's the next item?
Vice Mayor Regalado: Next item will be item 49, and Mr. City Manager, I have a problem with
that item because when we, the Commission, decided that we were not going to sell the Police
substation in Little Havana, it was said in this Commission also in a rally that we had there that
that building will be used for offices of -the City of Miami. The Chief of Police said that he was
willing to move several personnel, administration personnel to vacate some space in the
substation of Little Havana. I went and I spoke to Mr. Bert Waters and he said that there were
plans to move the Jobs Program to the Model City substation in the Northwest section. And, we
discussed the possibility of moving some of all the Job Programs to both substations but
especially the Little Havana substation because we made a commitment to the people of Miami
that if we did not sell that piece of property we will use it to save money from other City offices
throughout the City of Miami. And, now, you are bringing a new contract for more than thirty
thousand dollars ($30,000) and I just don't understand why we are not moving in that direction.
As a matter of fact, I am going to tell you that I am going to vote "no" to extend the lease, but I
am only one vote. But, my concern is, that why wasn't... the administration wasn't paying
attention when we expressed the will that this office should be moved to the substation in Little
Havana?
Mr. Aaron Weeks (Chief of Staff): Commissioner, the administration was listening and is
acting. We were given the direction at the last Commission meeting in May to look at moving
the Neighborhoods Jobs Program to either the north or the south or both police substations. And,
in fact we have started looking at that move. However, at the current time the lease expires on
June 30th, for this program. At that time, this program will be right in the middle of their
summer program of which to try to move them would severely impair their operations. So, we
are looking at moving. On June 30th, we will be faced with either having to have both identify
where we will move them to, and have done any kind of renovation to that space and have
provided for all of the people to have moved. It's physically impossible to do that by June 30th.
So, what this item does is ask for another six month extension which will give us the opportunity
to thoroughly study and make any renovations to either the north or south police substations to
provide for that move.
Vice Mayor Regalado: Aaron, you are saying that we need six months to move?
Mr. Weeks: Commissioner, I am not...
Vice Mayor Regalado: If I am a poor kid living in Wynwood or Allapattah or Little Havana and
I need to go to your office in Dupont Plaza. If I don't walk or take the Metrorail and the Metro
mover, if I take my car, it would cost me three or four dollars ($4) of parking or a ticket because
if I find a parking meter, I probably would be fined if I missed the time. So, you are telling me
that's it's more convenient for the program to stay there the whole summer? I know that moving
is a hassle but I just don't see, I just don't see the rationale in extending this contract six months,
paying more than thirty thousand dollars ($30) while we have the commitment of the Chief of
135 June 9, 1997
Police that he can move tonight some of these people from the Little Havana substation or the
north substation and give you some space there for the next month of June until you guys decide
what kind of office you want to take, each of the substations. I just, frankly, you want to go
ahead and insist, I am going to vote "no" that's... I mean, but I am only one vote. Because I
don't think that we move as fast as we are deciding in this Commission. I mean, we challenge
the Oversight Board not selling the substation and we promised the people of Miami that we will
use, we were going to use the substation for the City of Miami office. And, now we are
extending a lease six months to pay thirty thousand dollars ($30,000) more, it doesn't make
sense, not to me. And, this is why I will... My vote will be in the negative.
Commissioner Hernandez: Commissioner, one thing that I did speak to Mr. Weeks about and
they are in agreement to that, is to in the future move toward either the south substation or the
north substation. And, they do believe that that would be the most viable for the City.
Vice Mayor Regalado: There is no question about that. My problem Commissioner Hernandez,
is that we are going to extend the lease for six months which costs the City more than thirty
thousand dollars ($30,000).
Commissioner Plummer: Well, to my good friend Tomas. 1 am not going to go into all of the
details of how important it is for the next 90 to 120 days because we have got 4,800 kids in
summer training programs and they have got all they can do to monitor these programs. Could I
beg of you that possibly we go for 90 days and hopefully they can accommodate within 90 days,
and if they can't we can come back with another extension? But, at least they are going to start
to move. You know, the alternative is this, you are going to move them out on June the 30th and
I can see pandemonium now. I mean, you know, they are going to have to be moving. We have
got to monitor these kids, we have got to monitor the programs and there time is going to be
taken up with moving rather than monitoring. So, I mean, if you have got another alternative
and I am going to tell you one other thing that predicated on what he said. The main thrust of
this program has to go to Model City. Don't deny the substation in Little Havana. Let me tell
you, of the 26,000 people in the City of Miami, this will interest you, that are going to be
needing the training of unemployment, is 80 percent Black, OK? So, I am saying the main thrust
of what this program is going to be has got to be in that Model City area whether it's in the
substation or where? Twenty percent of it is going to be Latin and I was amazed to hear those
numbers but, they are real numbers. So, what's your alternative? I mean, if your alternative is
just to throw them out and let them fish and cut bait on their own, I will suggest let's cut it...
Vice Mayor Regalado: J.L., my position is that this City should move faster whenever this
Commission makes a public commitment.
Commissioner Plummer: That's why I said let's give 90 days instead of six months.
Vice Mayor Regalado: Ninety days is fine with me but not... no more than 90 days...
Commissioner Plummer: Hey...
Vice Mayor Regalado: ... because I still think... And, you know, I still think... and I think that
you are right in stressing the fact that we should move this program away from Downtown.
Let's forget about the thirty thousand dollars ($30,000) that we are going to pay. Downtown is
not the place for these programs.
Commissioner Plummer: No, I don't disagree.
Vice Mayor Regalado: I mean, you know, now you have the problem with the Immigration
Reform in the Little Havana area and the Welfare Reform in the Model City and Liberty City.
136 June 9, 1997
Ti
And, it's going to hit us. Whatever you heard about Congress doing something and extending...
that is not the case, we are going to be hit hard. So, you know, we should have moved that
program away from downtown a long time ago. We didn't, but that's OK. I am, you know, I am
willing for 90 days.
Commissioner Plummer: Tomas, let me tell you how much we hear what you are saying. We
have now with the South Florida Training Consortium, we are going to one stop offices and
already we have established 13 of them around the County where you don't have to go to a
single office, you can go to the Caleb Center, you can go to downtown Miami. We will have 13
of these one stop centers.
Vice Mayor Regalado: You know, J.L., today, I was talking to people and the Children and
Family Department of the State of Florida and every time that we see the paper or listen to the
radio or watch TV, we hear that there is a move in Congress to extend benefits that Newt
Gingrich was here and he made a commitment to help the disabled but, as of today, as of today,
on Monday, more than 2,000 people have been taken off the list of food stamps in the City of
Miami. This is as of today and in three more weeks there will 2,500. And, there is no extension,
nothing has been done to help these people.
Commissioner Plummer: We have got to deal with what we know today.
Vice Mayor Regalado: Well...
Commissioner Plummer: We hope things will be different but we have got to deal with the
known factors of today.
Vice Mayor Regalado: That's what I am saying, that's what I am saying. And, you know, I
think that the best place for this job program to be is Model City and Little Havana. And...
Mr. Weeks: Commissioner, also on the issue of what's going on at the federal level, you and
this Commission asked us to look into raising the cap on the Social Services, we have been in
contact with State Representative, U.S. (United States) Representative Carrie Meeks' office. Her
office has indicated that she is favorably disposed to that and is working to try to do that. We
should have some word within the next week or so as to whether or not from the federal level we
will get authorization or approval to increase the cap to 25 percent.
Vice Mayor Regalado: And, we are getting a lot of help from Congresswoman Illeana Ros-
Lehtinen and also she is working with Congresswoman Meek in order to raise to the 25 percent
level. And, I think that we are almost assured that we are going to have that level raised which
will bring several thousand dollars more to use. I mean, to use in social services.
Ms. Gwendolyn Warren (Neighborhood Jobs Program Administrator): The only point I would
like to add is that the request for the extension was based on the fact that our program operations
occur... start on July 1. Our summer program which has hundreds of kids enrolled in it start on
the 15th of June. And, additionally as everybody is aware, the new WAGESS appropriation has
been made for the Dade area . We are anticipating submitting a multimillion dollar proposal to
get an allocation for the City of Miami. Depending upon the funding of that proposal will dictate
how much space we actually need. We are anticipating being in both the Little Havana area and
the Model City's community. But, again, if our... the efforts of Commissioner Plummer and our
grant is successful we are looking at two trade school along with small business development
centers. So, we could be looking at anywhere between 10 to 20,000 square feet per location.
Again, depending on the funding level. And, one of the other issues that we wanted to wait and
see once again, the success of that grant application. It looks very positive at this point. But, we
will definitely need more than 90 days,
137 June 9, 1997
y{i5
Vice Mayor Regalado: Well, I move for three months.
Commissioner Plummer: I'll second the three months. And, I will beg of the administration to,
please expedite whatever is necessary. I think that you ought to provide space in accordance
with the needs and the Model City's area whatever space you have, the 80 percent of the space
designated and in the south area 20 percent be designated, wherever you put it. But, I think
that's the fair, equal distribution taking to the people that will be applying the programs within
their particular area.
Mayor Carollo: Those are approximate numbers based upon pass history.
Commissioner Plummer: Yeah. No, no, excuse me not on pass history, Joe. These are based on
numbers that we have developed today. These are numbers that are realistic and have gone out
and have become what we think are reality. Surely, if the numbers change we can designate
differently. But these are the...
Mayor Carollo: Yeah, but, pass history based upon additional information we have also had
today.
Commissioner Plummer: Just for your information, you are looking Countywide at 103,000.
One hundred and three thousand people who are going to be seriously affected by these changes.
Vice Mayor Regalado: Well, the numbers that you mention, J.L., are not going to change.
Commissioner Plummer: No.
Vice Mayor Regalado: This is a Welfare Reform that we are talking about. The numbers that
could change is the Immigration Reform. Depending on what Congress would extend, what kind
of benefits... But, the 26,000 that you mentioned will stay. That is a number, it's from Miami
only and it would go into effect this crisis in about 18 months, maybe 12, 13 months.
Commissioner Plummer: Tomas, the numbers which I gave you have nothing to do with the
immigrant problem.
Vice Mayor Regalado: I know, I know. I am saying that Welfare Reform won't change.
Commissioner Plummer: Aside from that. I second the motion of a 90-day extension.
Mayor Carollo: There is a motion, there is a second. Any further discussion, any final
statements that the administration would like to make? OK, hearing none. All in favor signify
by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays."
138 June 9, 1997
:34�
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The following motion was introduced by Vice Mayor Regalado, who moved its adoption:
MOTION NO. 97-404
A MOTION AUTHORIZING THE CITY MANAGER TO EXTEND FOR THREE
MONTHS THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND
BAYVIEW ASSOCIATES INC. FOR THE NEIGHBORHOOD JOBS PROGRAM (AT
THE DUPONT PLAZA CENTER).
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Commissioner Plummer: I will be right back.
Mayor Carollo: We are going to take a one minute break until Commissioner Plummer gets
right back. The next item that we will be taking, if you don't mind Commissioner Regalado, we
are going to leave 49-A, for a little later and we will take up the 5:00 p.m., item next.
Vice Mayor RegaIado: All right.
Mayor Carollo: We are going to item 51 in just a few minutes.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 4:50 P.M. AND RECONVENED AT 5:11 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT.
56. DIRECT CITY MANAGER TO MEET WITH MIAMI CITIZENS FOR
RECYCLING AND INDUSTRY MEMBERS -- FURTHER REQUESTING
MANAGER TO RETURN TO COMMISSION ON JULY 10, 1997 WITH
RECOMMENDATIONS.
Mayor Carollo: ... the opportunity to come in. I am sure there are more people out there. You
i know, they probably have been delayed maybe because of the rain and so we will wait just a few
more minutes...
Commissioner Plummer: Well let's do...
139 June 9, 1997
Mayor Carollo: ... and give... Well, I think really the other things are kind of long, J.L. it will
take a lot longer if we get into. You have got a couple of other items that are long, including this
one here.
Commissioner Plummer: That's ain't going to take long, not as far as I am concerned.
Mayor Carollo: So...
Commissioner Plummer: Thank you, but no thank you. I mean, you know.
Mayor Carollo: Well, we appreciate all of you that are here considering the bad weather that's
out there today.
Commissioner Gort: Where did Willy go?
Mayor Carollo: OK, we are just waiting for one more member of the Commission to step back
in and we'll start. All right, we have a full Commission back so we will be starting now in item
51. If I may ask the Manager to have the different staff representing the administration that will
need to address this and I would like to give as many of you the opportunity to express
yourselves, but we also have some time constraints. If I could just see the hands of how many
people will like to speak today? One, two, three, four, five, six, seven, eight, nine, ten, eleven,
twelve, thirteen, fourteen. Just about 15 that I see out here. If it would be OK, if we could do
the following. The main speakers that will be speaking, Lolly and Frank, if I could give each of
you up to five minutes, if that will be all right. You could either speak three and then leave two
for rebuttal at the end or whichever way you want to work it out. And, then if I could give the
rest of the people two minutes to speak on the issue, OK? Now, I'll try to give everybody time
to speak up here and express themselves, OK? You want to start, Lolly?
Ms. Lolly Vieth: Yes, I would, Mr. Mayor.
Mayor Carollo: OK.
Mr. Vieth: Thank you. I am going to try to speak quickly so I can have extra time. My name
is... First, Mr. Mayor and Commissioners thank you for allowing us to come before you today
and to talk about this very important issue. My name is Lolly Vieth, I live 4000 Naliga Avenue,
Coconut Grove and I am here with Frank Balzebre, Tucker Gibbs and Glen Terry with the
Miami Citizens for Recycling. And, we are here to tell you all that the residents of the City of
Miami would like to keep curbside recycling in the City. Recycling has become inner woven
into the fabric of our everyday American lives. We understand that all of you have been under a
great deal of stress and pressure trying to put together your five year plan and to balance the
City's budgeted. But, personally speaking, I don't think you realize that when you cut curbside
recycling from the budget how important it is to the citizens of Miami. To that end, I would like
to present to you 650 signatures that we have collected over the last month. I would like to put
those into the record.
Mayor Carollo: Lolly, I am sorry, how many signatures, did you say?
Ms. Vieth: Six hundred. Approximately 650 and we are still collecting them as we speak.
Mayor Carollo: Well, that's a very significant number.
Ms. Vieth: Thank you. I would just qualify that by saying that this organization only came into
being in the last month, in the wake of the decision of the City to end curbside recycling on April
the 14th. Further, I would like to go on the record that 29 organizations have joined our
140 June 9, 1997
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movement. You have in your packages that Frank just submitted or will submit, the list of our
organizations. They are both environmental and homeowners. That list also has letters from the
Homeowners Associations. Some you may have received already. Our position, Mr. Mayor and
Commissioners, is that the policy of having mobile drop off stations is unacceptable. In this
busy urban setting, people simply do not have time to carry recyclables off to drop off stations.
There are conservative estimates that recycling will drop by over 50 percent if you stay with this
drop off program. This position is supported by the Florida Department of Environmental
Protection. The Mayor received a copy of a letter from the Environmental, "The Department of
Environmental Protection on Friday via fax. The letter was written by Mr. William Hinkley, the
Chief of the Bureau of Solid and Hazardous Waste for the City of Miami. In that letter Mr.
Hinkley writes the following, that the Department of Environmental Protection strongly
encourages the City of Miami to reconsider its position on this issue and to analyze options to
the complete dismantling of this popular and important program." He further states that although
there are alternatives to curbside collection of recyclables, none of them shown to be as effective
in collecting large fractions of the residential waste stream. Curbside recycling according to Mr.
Hinkley is successful because it's convenient to the residents. And, residents generally like to
participate in a program which has many environmental benefits. Mr. Hinkley outlines four
concerns that concern the Department of Environmental protection and they are as follows:
"Number one, if you end curbside recycling you will discourage your residents from
participating in recycling program efforts. The second item is that if we do that it will
significantly decrease the residential recycled material tonnages. The third concern and these are
all shared by the citizens is that this would set an undesirable precedent statewide and I would
add, nationally as well. And, the fourth concern is that if you end curbside recycling it may
result in increase volumes of materials that have to be landfills within and outside of Dade
County." The citizens propose that our City needs to change its policy on ending curbside
recycling and that we need to analyze the budget to see how to save eight hundred and seventeen
thousand dollars ($817,000) which you all took out of the budget by slashing the curbside
program.
Mr. Walter J. Foeman (City Clerk): Thirty seconds.
Ms. Vieth: OK. This Commission should instruct its staff to analyze the overall budget to see
where money could be found to cover curbside recycling. The Department of Environmental
Protection has offered to help the City to evaluate its program. And, I suggest to you all that you
might want to take up that offer. There are ways to economize, you could possibly consider
going to a twice a week or twice a month pickup schedule, although that is not our favorite
proposal. You could get new trucks subsidized by state grants, that's another way to save
money. And, you could perhaps go to temporary personnel as another means of saving money.
The bottom line is this. Where there is a will, there is a way. I ask you to lead this City with
vision and to consider the environmental legacy that you are going to leave your grandchildren
and their great grand children. And, I leave you with this quote. "In our every deliberation we
must consider the impact of our decisions on our next seven generations." And, that is from the
great law of the Iriquois Confederacy. Thank you.
Mayor Carollo: Thank you, Lolly. OK.
Commissioner Plummer: Mr. Mayor, can I ask a quick question?
Mayor Carollo: Certainly.
Commissioner Plummer: Mr. Manager, we are all aware of Bedminster, when is that anticipated
to be on line?
Mr. Edward Marquez (City Manager): October of '97.
141 June 9, 1997
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Unidentified Speaker: Ninety-eight.
Mr. Marquez: Ninety-eight, excuse me.
Commissioner Plummer: Ninety-eight. So that would be a year from this October. So what we
are really looking at is the funds needed to maintain the recycling from now until October of'98,
is that correct? I mean....
Mayor Carollo: Well, no. We are keeping the recycling now. October 1, is when we were
going to cut it out.
Commissioner Plummer: OK. But, then... OK, October 1, '97 to October 1 of '98 is what we
are looking for. Because under the Bedminster proposal, the same truck that picks up garbage
and trash will pick up the recyclables and have the opportunity to separate at their plant. Am I
correct?
Mr. Marquez: Yes, sir.
Commissioner Plummer: So... I was just trying to establish the perimeters that what we are
looking at is the eight hundred and nineteen thousand dollars ($819,000) that supposedly would
be saved is what we are really talking about here today.
Mayor Carollo: Yeah.
Commissioner Plummer: And, what would have to give? Because some has got to give to do
this. If we go back to recycling then there has got to be eight hundred and nineteen thousand
dollars ($819,000) taken from somewhere by virtue of the mandate of the Oversight Board. Am
I correct?
Mr. Marquez: Correct.
Commissioner Hernandez: Ron. Ron, another question. Our entire waste stream will not be
going to Bedminster, correct?
Mr. Ron E. Williams (Interim Director, Solid Waste): One hundred and fifty thousand,
Commissioner, is the tonnage that we are committed to.
Mayor Carollo: Basically, the bulk of it.
Mr. Williams: Yes.
Commissioner Hernandez: The rest by the County.
Mr. Williams: I am sorry.
Commissioner Hernandez: That's what we are permitted by the County.
Mr. Williams: No, no. Our agreement, we have a put or pay as we described in the document of
one hundred and fifty thousand. Our total waste stream is approximately one seventy.
Mayor Carollo: But to answer Commissioner Plummer's question even more direct. What is the
latest information that you have on where Bedminster is at? Are they ready to begin the service
October 1st. Are they not...? Where does it stand?
142 June 9, 1997
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Mr. Williams: Mr. Mayor, we have information and again it's not absolutely up to the minutes,
they are proceeding with their permits. Both at the County and the State level. They are also
talking to the State of Florida about additional financing'package. We have every understanding
that they are going to be ready to go, ready to receive our materials October of 1998.
Commissioner Plummer: There is a penalty if they are not?
Mr. Williams: Well, if they are not, the Commission is in the position of deciding whether or
not they have a contract at all.
Vice Mayor Regalado: Mr. City Manager, we only need one year budget. Does the Oversight
Board would approve sale of the property or any other nonrecurring revenue to defray the cost of
one year of recycling, since it's only one year.
Mr. Marquez: I believe that is the case in this instance. The recycling savings are multi year in
nature but we have built in the cost of the Bedminster contract in future years. So, in essence it's
the cork of the way we calculate things. But, yes, I believe that the Oversight Board would
accept one time revenues for this.
Commissioner Plummer: Prior to today, have you had any consideration as to where and what
would have to give of the eight hundred and nineteen thousand to accommodate what their
request is here today?
Mr. Marquez: Sir, in formulating the five year plan, we scratched high and low for ways of
balancing out fiscal 1998 and the years thereafter and this is one item of many that was
considered. When we looked at the recycling programs we considered several factors. One, is
the factor... One of them was the capital cost that we need to incur in future years to continue this
operation. Another factor is...
Commissioner Plummer: You are not addressing my question. My question is, if this
Commission were to grant their request today, we know according to you that it's eight hundred
and nineteen thousand dollars ($819,000). Now, by the Oversight Board's demand, we would
have to generate or take away from some other source eight hundred and nineteen thousand
dollars ($819,000) to have a balanced book. My question is, have you considered or given any
consideration as to what would have to be given up to generate one hundred and nineteen
thousand to put the recycling back in? That's my question.
Vice Mayor Regalado: I asked a question similar to that but specifically about selling a property
for that purpose, and only for that purpose.
Mr. Marquez: In formulating the five year plan, we considered all alternatives to raise revenues
and cut expenses. The recycling was the least on a list of other options that we have. So, yes, I
did consider the other alternative. Now, since the request, since the submission of the five year
plan, no we have not revisited other options.
Commissioner Plummer: Well, I.... Mr. Mayor, you know, nobody wants to say no to a group
of people who want to do what's good for this community. Nobody wants to do that. I mean,
that's fool heartedly. And, we had it long and think about it...
Mayor Carollo: Not only that Commissioner, not only that but...
Commissioner Plummer: The question is for me to vote on reinstigating, I have got to know
what is the other eight hundred and nineteen thousand that I am going to have to give up? I have
143 June 9, 1997
got to know that. I have got to know that if I vote for this, that "X", "X", and "X" is going to lose
eight hundred and nineteen thousand. Then, I can make an intelligent decision. But, I'll be glad
to listen to these people today, I know, you can have all the speakers you want, but the bottom
line is, you want to reinstate recycling. And, that can be said in 30 seconds, OK?
Vice Mayor Regalado: One possible compromise was mentioned here a few minutes ago. The
fact that we could do it twice a month instead of once a week. How much would that save, Ron?
Mr. Williams: Mr. Vice Mayor, we have not analyzed that.
Vice Mayor Regalado: I mean, but, do you have any idea? Would that...?
Mr. Williams: It would be somewhere in between, we would have to determine whether or not
the bin size would be appropriate to hold materials for twice a month collection. We would have
to analyze, you know, what kind of equipment would be... that we would need to lease or
purchase to take a look at that. We certainly could do that at the direction of the Commission.
But, as of this moment, we have proceeded with the policy as established.
Commissioner Gort: Mr. Mayor?
Commissioner Hernandez: There is a... Go ahead, mister, Commissioner Gort.
Commissioner Gort: Mr. Manager, it took a long time to get our neighborhoods to get used to
doing the recycling. I think what I am hearing from everyone of us in here, we would like to see
it continue. I think we can take a decision today how we are going to do it. And, I think what
we can do today, instruct the Manager and those individuals and the industry to get together and
see if they can come back as soon as possible, with a plan where we can continue with this. I
don't think we will be able to make a decision today.
[APPLAUSE]
Commissioner Gort: And, for the sake of time, I think this is what we could do. Let's show our
plans where we can come out maybe twice a month, maybe once a... I am sure there are different
alternatives. We created a five year plan which we worked very hard at it. And, we had to do it
with a certain restriction of time. I think now we can fine tune it because one of the things if you
recall, that we were requesting ourselves, we were asking ourselves what was going to be the
concern once we implement some of these plans, how it is going to affect the community? Now,
we are seeing some of these affecting the community. So, I'll be ready to instruct the
administration to get together with the individuals, the staff and the people in the industry and
come back to us as soon as possible to see how we can make a decision.
Mayor Carollo: Well, and I would especially like to thank Lolly for one of the statements that
she made in her presentation. A very elegant presentation, I might add. And, that was when she
said she realized what we have gone through. Frankly, few people really realize what we have
gone through. It's been the worst time in the City's 100 years to be an elected official. We were
faced with having to tackle a budget deficit that amounted to 25 percent of our overall budget.
No other major City in our country has had a budget crisis. From New York, Chicago, Detroit,
Philadelphia, you name it, has never had that humongous of a deficit to tackle. And, we had to
do it in a very, very short time. Every decision that we have made, and you know, I am not
going to tell you that every decision was the best correct one. Obviously, when you are having
to make such huge decisions so quickly, you know, you are going to make mistakes along the
way too. But, I don't think there would have been too many other people that could have been
sitting where we were that could have done a better job. That's not to say that whatever we
presented in the five year plan is written in stone. This was something that was given and
144 June 9, 1997
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presented as a guide of how we were going to restore the City's fiscal responsibility and
soundness back. However, what we do have is a solemn commitment with the State that for
anything that we take out of that plan in the form of recurring revenues or savings, we have to
replace back. So, for us in order to bring recycling in the way that it is now we have to find an
equal amount to put back into the budget and this is one of the areas that we need to work in.
And, believe me, it's been so difficult. When you have had to be in a situation where we have
even had to cut back in some of the most important park programs, like that ones that we have in
closing swimming pools, except for 10 weeks out of the summer. Believe me, those have been
extremely difficult decisions. Recycling is important to each and everyone of us also. But, even
though we had the five year plan approved, even though we have balanced the books this year on
paper, we still have a tremendous amount of work to do to make sure that we do finish the year
with balanced books, not a deficit and to make sure that we stay the course throughout the
remaining years. We will work with you and do everything possible that we can to find dollars
to try to institute recycling in some form or another. But, it's something that you all have to
work with us also. And, the Oversight Board is going to have to be fully satisfied that we are
replacing "X" amount of dollars with new savings or new revenues that will be recurring. Frank,
if you would like to address us?
Mr. Frank Balzebre: Yes sir, Mr. Mayor. In response to your comments, that's precisely why
we came here to work with you, find the solutions. But, we want to put a time parameter on this.
We can't let it go through summer session and then bring it back and scramble for a solution.
So, I want to be upfront with that.
Commissioner Hernandez: Mr. Mayor, something that's interesting about recycling. My
experience has been and I drafted the mandatory recycling ordinance for the City, is that really
cutting back on the pickups of recycling is not efficient in nature. Number one, because the
actual savings are minimum. And, at the same time it really deters recycling because people
tend to not want to hold over empty bottles, newspapers for long periods of time. So,
realistically, I think the solution is to find a way where we can fund these recycling programs for
a whole year with another alternative and maintain the same Ievel of service that we have done
for the last couple of years.
Mr. Balzebre: Well, these are the kind of funding solutions were are looking for...
Mayor Carollo: Well...
Mr. Balzebre: ... to keep it intact, the whole program.
Mayor Carollo: ... that's exactly what we would like to do but, you know, I don't want to leave
anybody here with the wrong impression. It's easy to say now. And, when you are here, it is
easy to say but it is not as easy to implement and do. We have cut...
Commissioner Plummer: Yes, and the Oversight Board might reject it.
Mayor Carollo: Yeah, we have cut back so much within the budget. Like, I cannot begin to
explain here but we are still going to try. Go ahead, Frank.
Mr. Belzebre: OK, Mr. Mayor, let the will of the people speak their comments. Mr. Mayor,
Honorable Commissioners, Mr. Manager, you have received hundreds of letters petitions, phone
calls that deal in keeping the recycle program. You have also read and loudly heard the mandate
coming from the people. This is a true grassroots in the purest sense. We are also the voice of
all the children who you see here tonight who have come running through the rain and are
probably freezing in this building. But, who represent the educational investment of their future.
These children are concerned about the environment. Take for instance the Abyss Center for
145 June 9, 1997
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Environmental Sciences located in Miami Country Day School. This is one example how
children are becoming well aware of all the issues. So, we submit via Lolly Vieth, all our letters
from the many schools surrounding the community. Coconut Grove Elementary, St. Stevens, St.
Thomas and many others. We thank the children very much. On a more serious note, in this
coming elective year, you have all had to make difficult, courageous and what I call very hard
gut decisions to lead this City from an acute fiscal crisis to one with a balanced budget.
However, as you are in the process of tweeking this budget, let the people be heard on our need
to keep the recycling program. And, just exactly why... what are those needs? Number one,
conserving natural resources. Number two, reducing pollution, keeping our streets clean.
Number three, reducing the landfill. Number four, creating a sense of community responsibility.
I think this is what it's all about. Recycling is a hugely popular phenomenon. After all, an
action that takes less than a minute per day and makes us feel good about ourselves. Recycling
maybe the most popular multi -ethnic and multi -class movement as so evidenced by our support
today from all neighbors in the City of your Miami. Some of these groups include the National
Audubon Society, West Little Havana Action Group, Shorecrest Homeowners, Shenandoah,
Miami Roads, Allapattah Homeowners, Coconut Grove Village Council, Hadley Park is here
and Flagler and LeJeune Business Association. So, tonight we seek your unanimous
commitment to keep the program in tact through alternative funding as we discussed, other
revenues, environmental grants. And, actually we would just like to brain storm with you for
solutions to keep the recycling an ongoing concern and not a lost battle, only to be resuscitated
later at a later point in time. As you realize that once the program is gone, it's gone. The
investment and time, capital, education and human resources goes back to ground zero. So, why
lose what we have now that's been working so good since 1991? We realize the fiscal crisis and
we are here to work with you on solving our crisis for this program. Let us bring our experts to
the table with your staff. Let us share the problem solving scenarios with your staff. But, please
don't let recycling just sunset out of town. Let the citizens mandate... help work for the survival
of recycling. And, in conclusion, just remember this, that what we do today touches not only
your children, our children but their children tomorrow. We appreciate your cooperation. Thank
you, Mr. Mayor and Commissioners. [APPLAUSE]
Mayor Carollo: Go ahead.
Mr. Balzebre: I would like to yield my minute left to the children around here.
Mr. Sean Daly: Hi, my name is Sean Daly and I am from Sunset Elementary and I just like to
say that in my school we have morning announcements on the television and they have little...
they have like little... like shows that say like with the word "recycling is the way, do it every
day." And, well, they try. They really do try. And, well, I and other people try to recycle with
them. That's it. [APPLAUSE]
Mr. Alex Daly: Hi, I am Alex Daly and I go to Sunset Elementary, and I am nine years old.
And, last year and this year I have really been trying to recycle. I came up with an idea of a card
and a costume of recycling. And, we have been everyday at lunch, we have been taking all
recyclable cans, plastic bottles. We have been taking it to our little recyclable center and last
year we did accomplishment and we picked up our whole PE (Physical Education) field. And, I
think it is very good to recycle. [APPLAUSE]
Ms. Christina Balzebre: Hi, my name is Christina Balzebre. I am nine years old and I go to
Sunset Elementary and I just wanted to say, if we don't recycle then the world is going to
become trash and thank you, bye. [APPLAUSE)
Mr. Angel Urquiola: Good afternoon, Mayor and Mr. Commissioner, Mr. Manager. My name is
Angel Urquiola, I am president of Flagler-LeJeune Business and Neighbors Association. When I
hear about recycling, I told myself Angel, what are you going to do about? And, I ask it to my
146 June 9, 1997
pillow and my pillow answered me and say "Go ahead, fight with these people, you are right." I
have a question. Mr. Manager, do you know how many tons of recycling we throw away? How
much?
Mr. Williams: We collect, sir?
Mr. Urquiola: Yes.
Mr. Williams: Eight thousand.
Mr. Urquiola: Eight thousand tons. How much money we get back for the people we giving
away the recycle? We have something written?
Mr. Williams: The... Let me...
Mr. Urquiola: They pay something to us?
Mr. Williams: Let me respond. Yes, sir. But, the market fluctuates based on the market
demand for the commodity. Sometimes it's pretty good. Right now and for the last couple of
years the markets have been very depressed or low.
Mr. Urquiola: OK. I make an investigation. In ten minutes I find out we can have it twenty to
thirty-two dollars ($32) a ton for newspaper. For carton board we have it from fifty to sixty-two
fifty a pound. For aluminum can, we can have it eight hundred dollars ($800) a ton. For another
heavy aluminum we can have it one thousand two hundred dollar ($1,200) a ton. If we pick it up
eight tons like you say, I think we don't have to use the taxpayers money people, to pay that.
This department can pay by itself without giving to us, the taxpayers, more headache and don't
give no more headache to the Commissioners. They have so many problems already. You are
the Manager, you are the one to have supposed to take care of this and bring the best for the City.
You can make a lot of money. It's a lot of Cities in the United States who sell the recycling and
they make money, believe me. Make an investigation. Thank you, very much. [APPLAUSE]
Mayor Carollo: OK, would you like to go now?
Unidentified Speaker: Yes. Go.
Mr. Joey Echagarria: My name is Joey Echagarria. I go to St. Peter and Paul.
Unidentified Speaker: Whatever you want to say. I am sorry.
Mr. Echagarria: What do you think about recycling? Come on, hurry up?
Mr. Echagarria: I don't want...
Unidentified Speaker: I think that he wanted to say that he wanted you to keep the recycling.
And, you want to say anything else? Come on.
Mayor Carollo: Hey, don't be shy, you could do it. Come on, you could do it.
Unidentified Speaker: We love Miami, so we want to keep our recycling in the City of Miami.
Thank you. [APPLAUSE]
Mayor Carollo: Good. Thank you, for coming. Go ahead.
147 June 9, 1997
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Ms. Jade Echagarria: Hi, my name is Jade and I go to St. Peter and Paul and we wouldn't like to
go take the recycling to a center, stuff like that because... for example, my friend, her
grandmother has cancer in her vein and her grandfather is very old and I don't think they would
be able to go take it, like every day or something. Thank you.
Mayor Carollo: Thank you.
Ms. Ursula Page: Hi, my name is Ursula Page, I go to St. Peter and Paul and we have been
trying a lot to recycle from the ice cream man. Thank you.
Commissioner Plummer: That's the best excuse I have heard so far.
Unidentified Speaker: That's a good one.
Mayor Carollo: All right, go ahead ma'am. Thank you.
Ms. Albena Summer: Good evening, my name is Albena Summer. I reside at 1360 Northwest
37th Street in Miami, Florida. I am here today to speak on behalf of myself and my family as
well as the president of the Allapattah Homeowners Neighborhood Association in opposition to
the City's plan to discontinue the curbside recycling and composting program. Our community
believes strongly in reducing, reusing and recycling. Those actions which are baseline in
protecting our environment. Recycling teaches our children values and responsibilities. Instead
of cutting the recycling/composting program, we should be about the business of educating our
residents about the waste stream. Many of our residents are elderly and do not have the time or
ability to drop recyclables themselves. Without curbside pick up recycling could end in
Allapattah. Mr. Mayor, and City Commissioners we are adamantly opposed to burning and
landfilling waste that could be reused and recycled. Considering the pollutants going into the air
and earth that alone should dictate that we recycle to the greatest degree possible. We are asking
that you revisit the recycling matter. In the rain we are here because we care. Thank you, very
much. [APPLAUSE]
Ms. Jo Lee: Mr. Mayor and Commissioners, thank you very much for hearing us. My name is
Jo Lee. I am the current president of the Coconut Grove Garden Club. Our garden club, of
course, it goes without saying is strong in support of continuing the curbside recycling program.
I will not repeat all the various reason which have been mentioned here. I am sure you are all
extremely well aware of the benefits of the curbside recycling program. I would add though, we
feel that it is an excellent thing to have this weekly reinforcement in the minds of our children of
the value of the recycling and that some families even have the children actually do the physical
work of it which is very good, we think. We feel that it might also encourage them to consider
the value of saving other things as well. That concludes my statements on behalf of the Coconut
Grove Garden Club. I am making this suggestion as a private citizen because we realize of
course that you have faced and continue to face budget problems. I cannot speak for everyone in
the room but I have spoken with some people in the room. My thought is that there might well
be some support for at least a nominal amount of perhaps a reinstated Solid Waste fee, it might
cover this for at least some period of time. Thank you very much for hearing us.
Mayor Carollo: Thank you, Jo Lee.
Mr. Joe Szat: Commissioners.
Mayor Carollo: Go ahead, sir.
Mr. Szat: Thank you, for hearing me. My name is Joe Szat. I live at 3097 Northwest in Miami.
If you look around you don't see any lobbyist in the thousand dollars shoes for this. These
148 June 9, 1997
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people are residents. I am a resident, 37 years in Miami. I am also, something more important
to the City, I am a taxpayer and I think that... I am not standing here granting for a grant for
some festival, some dance, some party. I am asking you to protect the environment. Recycling
is important. I have seen studies that say newspapers thrown in landfills, after 40 years can still
be read. They don't break down that easily. You have to take care of this problem. I walked
through the Gables to try to get some exercise. I walked about three miles. And, last month I
started taking a plastic bag with me to pick up the recyclables on the ground. I am picking them
up a bag a week. People are just throwing stuff around. I mean, this stuff has to be broken
down. Third thing about Miami -- Miami is the fourth poorest City in this country. There is no
question about that. These people are poor. They can't afford to be taking their small loads of
recycling to some site. They need curbside pickup. You have got 70 tons that you picked up last
year from the figures I have seen. If you work you can check with Dade County, the Airport,
take example the Airport. You have got every airplane comes into Dade County has 20, maybe
15 newspapers on each plane. Those papers are taken out and thrown in the landfill. Work with
Dade County, get a separate haul out for these papers for the airlines to separate. That would
increase the revenue coming for the paper collection. Also, I have spoken, maybe a year ago,
about Broward residents working in Dade County in the City of Miami living in Broward,
paying no taxes. These people should be taxed. They are using our facilities and they are taking
our money, our revenue from our airport, our jobs here and spending it in Broward County. We
have to get more revenue from people who work here but live some place else. Thank you, very
much. [APPLAUSE]
Commissioner Plummer: Mr. Mayor, he had a very, very good idea that I think we ought to
pursue and that is do away with newspapers.
Mr. Tucker Gibbs: Mr. Mayor, Commissioners. My name is Tucker Gibbs, I live at 2531
Swanson Avenue. I am chairman of the Coconut Grove Village Council and I am here to speak
very briefly about money and about numbers and about what the recycling numbers mean. We
went through the five year plan and we looked at what you all were talking about. And, just to
get you some general idea about how much recycling right now costs the City of Miami. I want
to review with you, very briefly, some of these numbers. There are 65,000 residential units in
the City of Miami that are able to involve themselves in curbside recycling. According to the
five year plan, curbside recycling costs one million two hundred and ninety-one thousand three
hundred dollars ($1,291,300). But, what the plan doesn't talk about is, recycling grants, savings
in terms that 800, 8,000 tons and where that money goes? That's 8,000 that's not put in landfills.
How much does that save the City at forty-five dollars ($45) a ton that the City has to pay in
tipping fees? And, an additional nine dollars ($9) a ton for going to a transfer station which from
what I hear from the County, most of the City dumping goes through transfer stations. That's
what the County told me today.
Commissioner Plummer: You don't believe anything they tell you, do you?
Mr. Gibbs: Why not? They have never lied to me yet, now. The true cost, well, OK. But, the
true cost, if that's the case, if that's the case, and the County isn't lying to us, the true cost is not
800,000 is 707,000. And, if you look at that per resident, per residence per year it comes up to
ten dollars and eighty-eight cents ($10.88) a year. That's what recycling costs the single family
resident in the City of Miami. Ninety-one cents ($0.91) a month. That kind of money, I can go
to Burger King and I like Burger King, but, you know what, I can sacrifice, I won't go to Burger
King and I will pay the ten bucks a year. I don't think what we are talking about is something
that's that difficult for you guys to do. If the people of the City of Miami aren't willing to pay
ten dollars ($10) or a dollar ($1) a month, then something is a little off. I want to refer to the five
year plan. This version of the five year plan says that there will be no garbage fee. The one
hundred sixty dollars ($160) garbage fee that raise such a furor. This copy of the five year plan
which is the revised five year plan, says there will be a thirty-three dollar ($33) a year fee. Now,
149 June 9, 1997
if that thirty-three dollar ($33) a year fee is for partial payment to the garbage, I assume that's
what it's for, I don't think that the people of the City of Miami mind if their garbage fee went
from one hundred and sixty something dollars to forty-five dollars ($45) or to forty-three dollars
($43). But, let's say you want to go to two, twice a month pickup, and Commissioner
Hernandez, you are right, it's going to cost a decrease if they do it. But, let's say the City...
that's the only thing that the City can do. You can save even more money. It gets down to
something like twenty-five cents ($0.25) a month. So, the point I am trying to make is, this is
something that is durable from a financial basis.
Commissioner Plummer: Let's just raise the garbage fee, ten dollars ($10).
Mr. Gibbs: And, if you want to, you know what? Yeah, why don't you raise it ten dollars
($10)? I mean, ten dollars ($10) is a meal at Burger King, for Pete's sake. For one year,
someone can out with a meal at Burger King for two.
Commissioner Plummer: You eat it an awful lot.
Commissioner Gort: Mr. Mayor?
Mr. Gibbs: I like Burger King.
Commissioner Gort: Mr. Mayor? What's wrong with McDonalds? Mr. Mayor...
Mr. Gibbs: Or McDonalds or Pollo Tropical. I, you know...
Commissioner Gort: Mr. Mayor, for the sake of time, I think we all agree that we want to have a
resolution. We'll get you all together and let's work out a plan and... We are not going to come
to a conclusion tonight here. And, we would love to hear from all of you but we have other
items that we would like to listen to. And, I think we all agree, we are all in agreement with you.
We are saying, let's get back to your staff and let's get back... You all get together with our staff
and we come back like you said by July the 24th. That last meeting of the year.
Commissioner Plummer: The 26th.
Commissioner Gort: The 26th. No, the last meeting is July the 24th.
Commissioner Plummer: Oh, of July. I am sorry.
Commissioner Gort: July the 24th.
Mr. Gibbs: How about the first? That last meeting is always a zoo.
Commissioner Gort: Fine, if you guys can come up with... If you can come up with the 26th...
for the 26th.
Ms. Vieth: Let's talk to Ron about his...
Mr. Gibbs: Yeah. The only concern about the 26th it's always a zoo. I mean, it really is.
Commissioner Plummer: The first meeting in July he's saying.
Commissioner Gort: Come back with an answer, first meeting in July.
Ms. Vieth: Ron, we will be able to come up with a plan by the first...
150 June 9, 1997
r t.�
Mr. Williams: We are going to meet Friday.
Ms. Vieth: Yeah. Is the first week in July, good? Yeah, OK.
Commissioner Plummer: Well, you know, what he is saying is, we raise the garbage fee by ten
dollars ($10). I think that's reasonable.
Vice Mayor Regalado: You don't...
[APPLAUSE]
Commissioner Plummer: Have it your way.
Commissioner Gort: J.L., I think... I think...
Vice Mayor Regalado: J. L., J.L., I think that...
i
Mayor Carollo: Yeah, that was a whopper of a saving.
Vice Mayor Regalado: But I think that raising the garbage fee is not an answer because this
Commission committed itself to revisit the fire tee and if we were, and we will do... revisit the
fire fee then the garbage fee that Tucker mentioned will not be the same. We are talking here of
one year, one shot. One year until the program goes into effect. The Manager has said that the
Oversight Board will, he's sure, approve a one time, nonrecurring for one year, we are talking
one year.
Commissioner Plummer: So, instigate for a one year term. That's it. Let me tell you what's
bothering me.
Vice Mayor Regalado: Yeah, but what bothers me J.L., is that if we were to say, yeah, we raise
the garbage fee ten dollars ($10) or twenty dollars ($20) and then we decided something about
the fire fee, then the garbage fee will have to go back to the original amount that was set before.
So, I think that the best way to go about this and to bring it back on the first meeting of July will
be to look for one time, one year, one amount taking from one place either, you know, property
sale or reduction in one department.
Commissioner Plummer: Tomas, the thing that bothers me, and this is not, I am all in favor of
recycling, all right? But, the real bottom line that's bothering me is, that this is now the second
time that this Commission has back tracked after working so hard to put a financial package
together, getting it approved. I think reinstating the substation on Flagler Street, if that was what
we could do, God bless us, let's do it. But, that was the first time. Now, we are talking about a
second portion of the five year plan that we worked so hard to put together. That's why I am
saying, for me...
Vice Mayor Regalado: And, it would be a third time...
Commissioner Plummer: Well...
Vice Mayor Regalado: ... because we are committed to go back to the fire fee.
Commissioner Plummer: I...
Commissioner Gort: Mr. Mayor? I stated beforo and J.L., when we made a decision for the five
year plan, we had to do it within a certain time, It was critical. I think it is time to fine tune it. A
151 June 9, 1997
lot of times when we made a five year plan we were not aware of the impact that it was going to
cause in the community. Now, I think we have seen some reaction of the impact. What we are
saying today is, let... And, I met with those individuals and they are willing to sit with us and
staff and come up with ideas and work together. This is what I would like to see. Maybe, they
can come up with a plan for the first meeting in July.
Commissioner Plummer: But, what's wrong...?
Commissioner Gort: That's all we are requesting.
Commissioner Plummer: What's wrong with a ten dollar ($10) charge...?
Commissioner Gort: J.L., that might not be... they might have some better answers than that.
Mr. Williams: Commissioner, if I may, even though my friend Tucker is qualified in high
finance, I wouldn't want to take his number as being the final number at this moment?
Commissioner Plummer: How can you, when a man says he believes in the County?
Mayor Carollo: If I may also remind this Commission before I let the Manager speaker, that we
had some priorities before and the first two priorities we had placed was that we would try to
lower or reduce altogether the fire fee first. Secondly, that we would try to find the dollars to
keep the pools open year round. So, this might fall into number three or if this Commission
wants to put it ahead of the others, it certainly... it's up to this Commission to do it. Mr.
Manager, you want to make a statement?
Mr. Marquez: Yes, thank you, Mr. Mayor. First of all, I would appreciate it if Ron qualified the
numbers. We are throwing them fast and furious at this point and that's dangerous. In regards to
meeting with the public, getting input, coming up with new ideas, Ron informs me there is a
meeting this Friday. I am going to try to make it to that meeting, if my schedule allows. If not,
Bob Nachlinger, Assistant City Manager will be there also with Ron to get information from the
community. We all want to provide everything we can to the public. But we made some really
hard calls in generating this five year plan. And, Commissioner Plummer is absolutely right in
saying that when something... if he gives something, something else is going to have to be
affected. Now, as far as July the 1st, I think that's unreasonable in all honesty. I would suggest
that we go ahead and get input, work with the community, see if there's ways we can do this and
then approach these type of appropriation items in the course of your normal budgeting for fiscal
'98. Because, when all is said and done we need a little more track history as to how we are
coming out in fiscal '97. Perhaps, we are very lucky with land sales in the July time frame.
And, by September we know that we have extra monies and then it would be an easy decision to
make. I can take one time revenues from land sales and in the budgetary process make that a
recommendation to you. But, you have two budget hearings in September when this fine
tuning... this fine tune should occur.
Commissioner Plummer: Yeah, but the problem is, you have to have to have the budget in our
hands by July the 15th.
Mr. Marquez: And, at this point in time, unless if something drops out of the sky, I probably will
be coming in because it is very similar to the five year plan.
Commissioner Plummer: Well, we are not talking about July 1, we are talking about the meeting
of July the loth. That's an additional... it's 30 days from now, it's a month.
Mr. Marquez: If we.can do it, sir. We would love to.
152 June 9, 1997
K
Commissioner Plummer: Just try it.
N
Unidentified Speaker: Well, Mr. Mayor, as long as we go July 10th and then we can present to
you all our report on July, was it 1st?
Unidentified Speaker: Progress report.
Unidentified Speaker: Progress report.
Mr. Gibbs: Yeah, then we will see where we are.
Commissioner Plummer: Are you saying that Ron is indicating that ten dollars ($10) a month
per household will not cover the cost?
Mr. Williams: No, Commissioner. All I... I just cautioned the Commission to, let's... you
know, let's take a look at it. I think that there may have been some reasonableness in Tucker's
logic but certainly those would not be the numbers I would want the Commission to act on at this
moment.
Commissioner Plummer: Thank you.
Mr. Marquez: Excuse me, sir. We have to look at the numbers carefully because to continue
recycling in this coming year means the acquisitions from capital assets which no one has talked
about yet.
Commissioner Plummer: Well, it doesn't make sense to me if you are talking ten dollars ($10) a
month for 60,000 households, that's six hundred thousand dollars ($600,000). If we are looking
at eight hundred and nineteen deficit that's where the problem is.
Mr. Gibbs: Well, but the issue was the recycling grant, the tipping fee... The recycling grant I
found from the County, now maybe they lied to me but...
Commissioner Plummer: The recycling grant I think you are going to find was to buy equipment
and to get the program started.
Mr. Gibbs: I asked them if it was for capital only, and he said "no." He said "one hundred and
seventy is available for the operation of the program. Now, maybe he was lying to me, I don't
know:
Commissioner Plummer: That was the first year.
Mr. Gibbs: No, I understand the first couple of years where you did buy equipment. But, this is
the number I was given by the County.
Mr. Marquez: The savings number I took into account tipping fees, grants and everything we are
aware of in calculating the savings amount. The total cost in recycling is a little bit more than
one million two hundred thousand.
Mr. Gibbs: That's right. And, I have substracted it.
Mr. Marquez: And we... but that number includes tipping fees and the like. So, we have looked
at in detail and we will be more than happy to go in detail with the public in this meeting.
153 June 9, 1997
r
Commissioner Plummer: I'll make you a motion at this time that this matter be fully aired and
come back before this Commission for a decision on July the loth. I so move.
Vice Mayor Regalado: Second.
Mayor Carollo: There is a motion, there is a second. Any further discussion from the
Commission?
Vice Mayor Regalado: Just one fact, Mr. Mayor and members of the Commission, members of
the public and people watching. This Commission has not decided on raising the garbage fees or
anything today and just to make sure the Manager and Ron will bring several options. It would
not have to be one, what if we raise ten dollars ($10) or a penny (1q) a day or whatever. It would
bring several options including the one time nonrecurring for one year in the budget.
Mr. Williams: Absolutely, correct, Mr. Vice Mayor. And, as the Manager said earlier, as a
result of a meeting through the Mayor's office on Friday, we established a meeting that's coming
up this Friday. Already, the Manager is going to search his schedule to see if he can participate,
and we will see what ideas come out of, you know, those discussions and report back.
Ms. Vieth: With respect to the resolution that Commissioner Plummer made, I would just like to
ask that we go on the record that a report would be coming on July the 1st from the City to...
Commissioner Plummer: Hey, no, it comes to us five days in advance.
Ms. Vieth: OK, so I would just like to go on the record that we will have a report before the
meeting of July the 10th.
Commissioner Plummer: Everything has to be in our hands by Charter, five days prior to the
meeting.
Mayor Carollo: Yeah, if as the Manager said, you know, we have enough time, the Manager has
already asked to hopefully have it on the 26th. It was said "no", to try to have it on the loth if he
has it ready. You know, he is only one person. They have a tremendous amount of work. They
might need a few more weeks.
Ms. Vieth: Well, we would like to at least set a bare minimum and have a staff report by July
the 1st.
Unidentified: Thank you.
Ms. Vieth: Thank you, very much. Thank you, very much for your help and before you end the
meeting, I know you have a time crunch but I at least would like to have the people who have
been standing in line identified.
Mayor Carollo: Certainly.
Mr. Grant Livingston: My name is Grant Livingston, 3177 Mary Street. And, I would like to
say very briefly that you got some hard decisions to make and, you know, we won't always be
there so we are counting on you to be the advocates for us if you... You know, it sounds like you
are with us. It sounds like you believe in recycling, continuing recycling. I would like to know
that you believe we can do it, and not ban it away. And, thank you, for your help.
Commissioner Plummer: You and the others have got to understand. It was a harder decision
for us to make. We didn't want to db it but we had to do it, that was the problem. It's strictly
154 June 9, 1997
because of the Oversight Board. Not one of us sitting up here wanted to cut out recycling, none
of us wanted to change what we considered to be excellent garbage and sanitation services. But,
somewhere we had to make cuts.
Mr. Livingston: Is there something we can do to...? I mean, can we, can the public directly
contact the Oversight Board to emphasize to them that there is a...?
Commissioner Plummer: You might have to later on.
Mr. Livingston: You know, I am sure there would be support for doing that. Also, we have got
650 names and I think that's a small fraction. Should we continue to collect names on a petition,
will it make a difference?
Mayor Carollo: That's totally up to you and you certainly have the ability to contact the
chairman of the Oversight Board and make a request to him directly that you all as a group
would like to.
Mr. Livingston: OK. Well, thank you.
Mr. Heikki Talvitie: Mr. Mayor, Commissioners, my name is Heikki Talvitie. I reside at 1245
Northeast 81st Terrace and I am the current president of Shorecrest Homeowners Association. I
don't think that anybody disagrees that we need recycling. So, where there is a will, there is a
way. Gentlemen, let him find the way. Thank you. [APPLAUSE]
Ms. Flor Morales: Susie Morales from the West Little Havana Action Group. From that little
experience I have gathered in the last few months with all the things that have been coming up
through us before your board, I have noticed that there are very few things that relate to money
or budgets that are etched in stone that cannot be renegotiated. U.S. News and World Report
recently had an article specifying how big of a profitable industry recycling had become.
Maybe, we are not recycling to whatever people we have to that we can increase our revenue.
On a personal basis, please note that we have many elderly that either don't drive or cannot have
access to recycling stations. Also, what I would not like to see is people begin after so many
years of hard effort trying to convince them to encourage recycling and take part in it, to now
regress, not recycle, dump it in the garbage and then the City comes in and fine people because
they are not recycling when many will not be able to do it. Please consider the options that are
available. Thank you very much. [APPLAUSE]
Mr. Lanny Smith: Good afternoon, my name is Lanny Smith, but I am better known as the...
Commissioner Plummer: Can I stop you one minute, please?
Mr. Smith: Sure.
Commissioner Plummer: Mr. Mayor, I think we cannot let go by Janet Macalilly who has served
this community so well, is here and I think she should be recognized for being here today.
[APPLAUSE]
Mr. Smith: Anyway, again, my name is Lanny Smith and I am better known as the Earthman to
about 400,000 kids throughout South Florida, many of them who live in your City. And, the first
thing I want to do is, is say thank you to these children for... in a democracy, always
remembering that you can raise your voice. And, you can make a difference and you have today,
and I want to salute each one of you for doing so. We live in a time in our community, both the
City of Miami and Southern Florida where we face a critical challenge which is how to create a
sustainable future. We have another three and a half to four million people moving into South
155 June 9, 1997
Florida in the next 15 years and many of them if, we do our jobs right and we stop building
westward and start moving eastward are going to move into your community. Our greatest
challenge among the peoples who live here in our community is to rethink about the
philosophical way that we live our lives and conserve the resources that we have, especially
water. And, how do we take care of our trash when we have three and a half million more
people living here? It is vital that at this moment that we don't walk backwards but we continue
to educate and give people the power to make a difference today. And, I am pleased that you all
are Iooking for ways of finding a solution. In this great country if we look and we look hard
enough and we work hard enough we will find the solutions that we need to make a difference.
And, so I want to salute all of the residents here who worked so hard and all of you who have
done a tremendous job with the difficulties you have. Remember, everyone here has the power
to make a difference. Thank you for trying. [APPLAUSE]
Commissioner Plummer: The first thing you need to do is, go on a diet.
Mr. Herschel Haynes: My name is Herschel Haynes and I reside at 4601 Northwest 15th
Avenue. And, I am the chairman also of the Hadley Park Homeowners and Residents
Association and I just first like to applaud all of you for the work that you are laboring to do.
The citizens of my area are pretty much consistent with the lady that was here, just prior to me.
In that, they are looking for ways that you, our political leaders, whom we elected to try to take it
a step farther that you might find ways to make curbside recycling pay for itself. And, I think
the lady before me was touching on that in terms of what she had... And, I have heard around,
coming from around the country in that this is the way of the future, is it not, recycling? And,
that if, you know, we were to get together as you have suggested that perhaps we can come up
with some ways in which we could make it pay as oppose to you having them coming up with
ways that you can... you have to come up with funds to pay for it. So, I would just like to, you
know, suggest that you continue to do the good work you are doing and incorporate us that we
could better help you. Thank you. [APPLAUSE]
Ms. Deborah Swain: Good evening, my name is Debbie Swain. And, I am here to tell you that
the Miami Roads Neighborhoods Civic Association strongly supports curbside recycling. And,
also to tell you that in my activities as an environmental educator that the children throughout
this community, not just the schools that you see represented here, or the children that you see
represented here, but those throughout the community support curbside recycling. It's a very
basic philosophy. Children have learned two very basic points, and that is "don't litter" and
"recycle." And, they are learned it well and they are supporting this activity. The whole
community is behind it. And, we thank you for listening. Thank you. [APPLAUSE]
Ms. Lori Monaco: Good afternoon, my name is Lori Monaco. I live at 1701 Espaniola Drive. I
support curbside recycling and if we can't do it on a weekly basis, why don't we at least try to do
it on a monthly basis. Thank you. [APPLAUSE]
Ms. Amber Guedsten: Amber Guedsten, 3421 Poinciana Avenue. I am the secretary of
Fourway Lodge Homeowners Association. It's really a shame that we have had such corrupt
people in our government and I get really tired on TV of seeing how bad Miami is. It would
really be a shame to add another shame that we no longer protect our environment.
[APPLAUSE]
Mayor Carollo: Thank you all very much for coming.
Ms. Vieth: We have a resolution then?
Mayor Carollo: There is a motion by Commissioner Plummer, there is a second. All in favor
signify by saying "aye."
156 June 9, 1997
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-405
A MOTION DIRECTING THE CITY MANAGER TO MEET WITH
REPRESENTATIVES FROM MIAMI CITIZENS FOR RECYCLING AND
MEMBERS OF THE RECYCLING INDUSTRY TO DISCUSS WAYS TO KEEP
CURBSIDE RECYCLING IN THE CITY OF MIAMI; FURTHER INSTRUCTING
THE MANGER TO COME BACK WITH A RECOMMENDATION FOR
COMMISSION CONSIDERATION AT THE COMMISSION MEETING
PRESENTLY SCHEDULED FOR JULY 10, 1997.
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: OK.
Ms. Vieth: Thank you.
Mayor Carollo: Sure, thank you. [APPLAUSE]
--------- ------------------------------------------------------------------------------------------------------
57. DIRECT CITY MANAGER TO ACCEPT RESTRUCTURING OF INDIAN
RIVER PROPERTIES AT 1232 N.W. 1 PLACE, 149 N.W. 11 STREET AND
1201 N.W. 2 AVENUE TO SENTRA PROPERTIES, INC. -- FURTHER
INSTRUCT CITY ATTORNEY TO PREPARE ASSUMPTION MORTGAGE
DOCUMENT REQUIRING PERSONAL GUARANTEES FROM SENTRA
PROPERTIES AND OTHER CONDITIONS.
Mayor Carollo: We will now go back to item 49-A in the agenda. This is a discussion
concerning Sentra Properties, Inc., and their purchase of 66 apartment units from the Indian
River Investment Corporation.
Vice Mayor Regalado: Mr. Mayor, the Commission appointed Commissioner Hernandez on this
issue. And, I believe he has the information on this request.
Commissioner Hernandez: Mr. Mayor, this is one of the three items if you remember, I think
last meeting or two meetings ago. Actually, we took care of one of the three items. This is the
157
June 9, 1997
second of the three items. And, it's basically a restructuring of a City loan and actual purchase
of property from Indian River Properties to Sentra Properties, who is going to be the new
company purchasing the actual 66 apartments. What we have here is a... The City currently is
behind a first mortgage of four hundred and fifty thousand dollars ($450,000). What Sentra
Property is asking the City is, an actual purchase and an assumption of the mortgage that exists
now with the City of Miami but with different terms. The terms as they exist is, and what they
are putting before us, is for the City to be behind a first mortgage of nine hundred and fifty
thousand dollars ($950,000) which is five hundred thousand dollars ($500,000) more than the
actual mortgage that we are behind at this point in time. But, at the same time, from the
purchase of this property, the cash proceeds would go to, number one, pay the City principle and
arrears of one hundred and twenty-five thousand dollars ($125,000), interest in arrears in the
amount of one hundred and seventy-two thousand dollars ($172,000), approximately three
hundred thousand dollars ($300,000) that the City is in arrears right now. And, would get paid
from the purchase of this actual transaction. The only difference Bob, that I would like to
mention to you that I had a conversation with the Sentra Properties outside, is that the remaining
amount that is owed, instead of paying the normal monthly payments of the seven thousand
dollars ($7,000), Sentra proposes to pay only three thousand dollars ($3,000) and the remaining
amount for the first five years, that's correct?
Mr. Jose Dearing: Correct.
Commissioner Hernandez: For the first five years and the remaining amount be put to the end of
the loan. That's the only way it would make sense to them. So, that's... The difference than
what we spoke about, everything remains the same except for the monthly payments of the first
five years. Instead of continuing to pay the normal monthly rentals, he has cut it in half and the
other half will be put to the end, the back end of the loan.
Mr. Robert J. Nachlinger (Asst. City Manager/Finance & Administration): Commissioner, that
doesn't sound too outrageous. The only problem I have, and I believe it's a seven percent loan.
And, that's still the three thousand a month, would not be sufficient to cover the interest
recurring monthly. If we could do something to make the loan a... not a reverse amortization
where the loan amount would grow monthly, at least to cover that interest cost accruing monthly,
I think we could support that position.
Commissioner Hernandez: Do we know exactly how much the interest would be? Jeffrey? No?
Mr. Nachlinger: Commissioner, I believe it's in the neighborhood of between four and forty-five
hundred a month.
Commissioner Hernandez: OK. Mr. Dearing, who is here has acknowledged that he will accept
that instead of three thousand that he was proposing, he will pay the interest that it accrues which
is forty-five hundred dollars a month for the first five years and the difference goes to the back
end of the loan. Now...
Mr. Nachlinger: Is that? Would that be a balloon, sir? The back end?
Commissioner Hernandez: That would be ballooned, correct. That's what was agreed upon.
Mr. Nachlinger: All right.
Commissioner Plummer: And, how far out is that? How many years out is the end?
Mr. Dearing: There is still seven more years on that loan. So, at the end of the seven years.
158
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June 9, 1997
Commissioner Plummer: So, in other words the balloon would come due on the seventh year?
Mr. Nachlinger: Year 12, sir.
Commissioner Plummer: Year 12, that's what I am asking.
Mr. Nachlinger: Yes.
i Commissioner Hernandez: J.L., and the importance, Mr. Mayor and Commissioners of this
i restructuring is that basically the City is out right now, as we speak three hundred thousand
dollars ($300,000) that they would be receiving out of the cash proceeds of this purchase which
is a considerable amount of money that we are in arrears at this point in time. And, basically that
is the situation we have at hand.
0
Mayor Carollo: Well...
Commissioner Plummer: What is the value of the property if in fact a default were to occur?
Hello?
Mr. Dearing: There are not many buyers right now for properties in Overtown and...
Commissioner Plummer: No, I'm just asking what?
Mr. Nachlinger: Commissioner, I... we don't have a current appraisal on the property. I really
can't answer your question.
Commissioner Hernandez: I can only read to you what... The appraisal submitted to Ocean
Bank indicate the value to be one million six hundred and sixty-three thousand. One six, six, six.
Commissioner Plummer: And, the outstanding loan is? The outstanding loan after all payoffs
would be how much?
Mr. Dearing: Would be about one million, one million four. A million four and a half.
Commissioner Plummer: So, we are going on the line then and approximately for one hundred
to two hundred thousand dollars ($200,000) to try to keep it alive?
Mr. Nachlinger: Yes, sir.
Mayor Carollo: Yeah. The...
Commissioner Plummer: OK.
Commissioner Hernandez: And, cash in all three..
Commissioner Plummer: I mean in case of default, I am saying, I don't want to sit here with an
empty plate.
Mr. Nachlinger: I understand.
Commissioner Plummer: And, it's understood in the case of default, the property would come to
the City?
Mr. Nachlinger: Absolutely.
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Commissioner Plummer: We are first in line.
Mr. Nachlinger: No, sir. We're second.
Mayor Carollo: No, no. no. That's part of the problem we have.
Mr. Nachlinger: We are behind Ocean Bank.
Commissioner Hernandez: We're nine hundred and fifty thousand dollars ($950,000) ahead.
They are ahead of us. We are in second position.
Commissioner Plummer: So, then, one million four would be...? All right, all right.
Mayor Carollo: And, we're... No, if you get a million four. Now, appraisals are just that.
Commissioner Hernandez; Right. Appraisals.
Mayor Carollo: People can low ball them.
Commissioner Hernandez: Or high ball them.
Mayor Carollo: People can high ball them.
Commissioner Hernandez: Exactly.
Commissioner Plummer: Hey, we are going to talk about another one.
Commissioner Hernandez: Exactly.
Mayor Carollo: Well, that's why I am saying that.
Mr. Dearing: Well, it's a loan that hasn't paid anything to the City since December, 1993. So
for almost four years now, the City hasn't received a penny. t
Commissioner Hernandez: I think that's the importance.
Mr. Dearing: And, I am offering to pay three hundred thousand plus forty-five hundred per
month.
Commissioner Hernandez: Right. I think that is the importance of the restructure.
Mayor Carollo: Yeah. But, who is going to get the three hundred thousand?
Commissioner Hernandez: The City is.
Mayor Carollo: OK, directly to the City it's going to be going?
Commissioner Hernandez: It's going to come out of closing.
Mr. Dearing: Yes, sir. Directly to the City of Miami, State of Florida.
Commissioner Hernandez: OK, it's very important. It came out of the motion, is that, Mr.
Mayor... is that it appears on the actual closing statement of three hundred thousand.
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Mayor Carollo: Now, for the amount that was going to the person that you are buying this from,
how much is he getting?
Commissioner Hernandez: About two hundred thousand dollars is left over.
Mr. Dearing: Right. He is not getting anything personally. He is putting... that goes to a project
that he has also in Overtown called Poinciana Village where is... as you probably remember, is
the only condominium, successful condominium being sold now in the Overtown area. And, he
agrees that the amount doesn't go to him, goes directly to his project because he needs money for
the second or third phase.
Mr. Nachlinger: We would certainly recommend that that be the case also.
Commissioner Plummer: Well, you know this thing forwards and backwards, what is your
recommendation?
Mr. Nachlinger: The Commissioner relayed my recommendation which would be to get the
amount that's... the three hundred thousand in arrears in payment on the property and to
continue the payments at the seven thousand six hundred dollars ($7,600) per month which is the
current mortgage. Basically, letting Mr. Dearing...
Commissioner Plummer: This little whisper in my ear over here says three hundred and twenty
thousand. Is there a discrepancy here, somewhere?
Mr. Nachlinger: I said approximately three hundred. The numbers I had as of the end of or the
first of April was two hundred and ninety-nine thousand.
Mayor Carollo: Well, what do you have now, Linda? The exact amount that you have now.
Ms. Linda Kearson (Asst. City Attorney): 1 received this from the Finance Department on
Friday as three hundred and twenty thousand eight eighty-one seventy-two.
Mayor Carollo: Eight, eighty-one seventy-two. Is that basically correct, Mr. Dearing?
Mr. Dearing: Well, it reminds me of an old story about cows have four others.
Mayor Carollo: Well, you know I appreciate the old story.
Mr. Dearing: And, that's no more than the cow can provide.
Mayor Carollo: But, let's get down to the dollar and cents.
Mr. Dearing: Everyone concerned agreed to three hundred thousand so... She's mentioned three
thirty-three, cow can only provide three hundred thousand. I would love to have more but, that's
what the bank is willing to give at the present time.
Mayor Carollo: Well, where are we getting the three hundred and twenty thousand eight eighty-
one seventy-two?
Ms. Kearson: I am sorry?
Mayor Carollo: That's the amount that we are getting then, right now?
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Commissioner Hernandez: Right.
Ms. Kearson: Right. That's what I got from Finance on Friday.
Mayor Carollo: OK, well... Yeah, that's [inaudible] want it.
Commissioner Hernandez: Mr. Mayor, it's also important that in the past, and we are not doing
that in this case, either. We have forgiven a portion of principle or interest which have been in
arrears which we are not doing here, we are not forgiving any portion of principle or interest that
have fallen in arrears.
Mayor Carollo: OK. Now, what is the monthly payment that he will be making to the City?
Commissioner Plummer: Forty-five hundred.
Mr. Nachlinger: Well...
Commissioner Hernandez: Forty-five hundred.
Mayor Carollo: Well, you gave me another figure...
Mr. Nachlinger: Our initial recommendation was the... for him to assume this interest or this
mortgage and continue the seven thousand six hundred monthly payments. What the
Commissioner came back to us and.. or what we discussed just a few minutes ago was for the
monthly accruing interest portion to be paid to the City and the principle to be held in abeyance
for a five year period to pull together a balloon at the end of the... term of the mortgage.
Mayor Carollo: What is the total amount then, that he will be paying? Because what I am
seeing is, that for some seven years that's left more or less, we are not going to be getting the full
amount. Supposedly, we are going to be getting paid then, at the end of the amount of time
that's left.
Mr. Nachlinger: Actually, there is a...
Commissioner Plummer: It's not seven years, it's 12 you said.
Mr. Nachlinger: It's 12 years left on the mortgage. For the next five years, it would be interest
only and my guess, my approximation is forty-five hundred a month. I haven't checked that,
that's just a...
Commissioner Plummer: Well, for 12 years I can tell you it's six hundred and forty-eight
thousand.
Mayor Carollo: Well, this has been going around enough and enough and enough here. Does
anybody have the exact number there?
Mr. Nachlinger: No, sir. I... This...
Commissioner Plummer: Well, forty-five hundred dollars a month for 12 years comes in my
numbers to six hundred and forty-eight thousand dollars.
Commissioner Gort: That's interest alone.
Mr. Nachlinger: That's interest only, yes, sir.
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Commissioner Plummer: Well, that's predicated on the payments that he's making.
Mr. Dearing: That's what I would be paying.
Commissioner Plummer: The balloon he pays it off at the end anyhow. Regardless of whatever
he pays. Is that my understanding?
Mr. Nachlinger: Yes, sir.
Mr. Dearing: Correct.
Mayor Carollo: Well, the balloon is...
Commissioner Plummer: Well, let's fish or cut bait. Where are we?
Mayor Carollo: How are you planning, Mr. Dearing, if I may ask, at the end of the balloon, how
do you think you will be able to pay the balloon? You will be selling the apartments?
Mr. Dearing: The first...
Mayor Carollo: Do you think the prices will go up where you can get more rent for them, or?
Mr. Dearing: The first mortgage is basically self -amortized type of mortgage and it has like Mr.
Plummer had mentioned about seven more years to go on the first mortgage. So, by the time the
first mortgage finish that will take care of about half a million dollars ($500,000) that would be
presently on the property. It would be not too difficult to refinance again with the bank and get
the other amount left on the balloon and pay the City that amount. The first mortgage is all
amortized and so in seven years it will be paid off.
Commissioner Plummer: I have one other question. Predicated on this scenario, how much
approximately would the balloon be at the end of the 12th year?
Commissioner Gort: The whole principal.
Commissioner Plummer: I am just asking. How much is it? I don't know.
Commissioner Gort: The whole principle (phonetic). You are only paying interest.
Mr. Dearing: Well, let me provide somewhat close to an answer. The City is owed right now,
seven hundred thousand dollars ($700,000). If the... Seven hundred and forty, seven hundred
and fifty thousand. Let's take the highest, seven fifty. If the City receives now the total amount
of principal owed, that will be about one hundred and twenty-five, one hundred and thirty,
according to what the lady just mentioned. The City will have six hundred and some three
hundred and twenty-five thousand dollars ($325,000) on which, not principal, is going to be
paid. Only interest for a period of time of seven years. So, at the end of seven years the City
will be owed the same amount as of after this deal is done which is seven hundred and... six
hundred and twenty-five thousand dollars ($625,000) roughly.
Commissioner Hernandez: Right.
Mr. Dearing: Correct me if I am wrong, please?
Commissioner Hernandez: It's approximately right.
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Mr. Dearing: Approximately.
Mr. Nachlinger: That is approximately right.
Commissioner Plummer: What is your recommendation?
Mr. Nachlinger: Our recommendation is to move forward and accept this transaction as
amended.
i Ms. Kearson: May I also add that until such time as this deal is consummated, that we continue
to collect our monthly payment from the HAP (Housing Asistance Program) voucher? Because
we are now collecting seven thousand six forty a month off the top from the federal government.
So, until we have finalize this, let's continue to collect that money.
Mayor Carollo: We are collecting that now, ourselves?
Ms. Kearson: Yes, we are.
Mayor Carollo: OK, so we are going to be collecting approximately forty-five hundred from
him. So, we will he collecting some three thousand plus dollars less then?
Commissioner Hernandez: In the meantime.
Mr. Dearing: But, you will be getting three hundred thousand in cash which you are not getting
now.
Ms. Kearson: Well, we could always...
Mr. Dearing: That pays a lot of... three thousand.
Commissioner Plummer: Three twenty, she said.
Mayor Carollo: Almost three twenty-one, actually. That's the difference.
Commissioner Plummer: Well, it's a mean man that won't compromise. Give him an
alternative. Three twenty-one or five thousand a month.
Mr. Dearing: No way. Can't reach that. If the present owner who was the original builder of
those units cannot make it fly, cannot pay seven thousand six hundred. He cannot even pay that
amount. Why should I pay the City three hundred thousand for the privilege of going broke, like
he is going broke now.
Ms. Kearson: No, no. no. See that's...
Commissioner Plummer: You make a damn good point.
Ms. Kearson: See, that's not correct.
Mr. Dearing: I would appreciate that very much. But, I would prefer to pass on that
Commissioner, with all due respect to everybody.
Mayor Carollo: It depends, you know, whose side you are standing in. Who has gone broke or
not. I'll tell you what bothers me is, that I am constantly seeing a cycle here of the same people
164 June 9, 1997
being involved in this type of business and we just got done with recycling, well, I am seeing this
constant recycling of these kind of properties. People get them, they will take it to the last penny
they could squeeze out of them. Boom, they flip it to someone else, someone else comes and it's
a vicious circle that I am seeing here. And, you know who is ending up losing...?, the City of
Miami taxpayers, constantly. And, this is what bothers me.
Commissioner Hernandez: Mr. Mayor, that's why it's so important that we scrutinize who we
lend this money to, before we lend it at the initial stage of these loans. And, it's hard to find
people to invest in Overtown and the Model City area. And, I agree with you, I think you end up
seeing the same people because they are the only people that end up, really investing in the area.
And, I think, if the loan committee and those people that are involved in the initial stage are
much more... scrutinize the packages a little bit more we wouldn't be having half the problem
we are encountering today.
Mayor Carollo: Linda, what is the proper way of proceeding so that we have a covenant with
this gentleman, if this were to pass that he would not come again ever on these properties asking
the City of Miami for another extension, another penny?
Ms. Kearson: Well, in the assumption of mortgage documents, I would prepare I would state
that specifically that this is a one shot deal for Mr. Dearing. We will set forth the terms of the
deal with the understanding that within, with 7 years he has to completely pay off the
outstanding indebtedness and if not, maybe even get personal guarantees against him, I would
recommend.
Mayor Carollo: You said personal guarantees?
Ms. Kearson: Absolutely.
Mr. Nachlinger: Yeah. Commissioner, if there is one other thing we could add in that, I would
like to see a provision put into the documents that should the first mortgage be refinanced at any
future time, we get taken out. I'd like for the City to not be in the position of having to
resubordinate again.
Commissioner Hernandez: To get paid out in full?
Mr. Nachlinger: Correct,.
Commissioner Hernandez: We also have to agree as the City, to the assignment of the contract
or the assignment actually of the mortgage between Sentra and... I am sorry. Indian River and
Sentra.
Ms. Kearson: No, if you approve... doing. In essence, you are agreeing to allow him to assume
the mortgage. But, I agree with Nachlinger that in the event, in his refinance that we are not
required to subordinate our mortgage ever again.
Mr. Dearing: I think....
Ms. Kearson: And again, until such time as a deal is consummated, that we continue to collect
our monthly payments out of the HAP voucher.
Mr. Dearing: The only thing that I would like to make sure that we understand each other. I
think maybe, the Commissioner was referring to an assignment of the HAP contract that is in
place now to be assigned from Indian River to the buyer, to Sentra Properties. There is a
contract now.
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June 9, 1997
Commissioner Hernandez: We have no problem with that,
Mr. Dearing: All right. Thank you.
Mayor Carollo: What else might you suggest, Linda, to tighten the security to the City of
Miami?
Ms. Kearson: I think that will cover it. I will make it very tight, Mr. Mayor. I assure you that I
will have provisions in there.
Mayor Carollo: OK, the other thing that should be included because we don't have the exact
amount what the interest payments are...
Mr. Nachlinger: Yes, sir. Right now, the resolution could just be that the accruing interest
monthly is the amount of the monthly payment.
Mayor Carollo: Well, no. I would word it the following way. That it would be the amount that
is accruing or forty-five hundred dollars a month, whichever is higher.
Mr. Nachlinger: All right.
Commissioner Hernandez: I make a motion, Mr. Mayor.
Mayor Carollo: For all I know is, the amount might be four thousand a month. I mean...
Commissioner Hernandez: We are going on estimates. We don't have it before us.
Mr. Nachlinger: Yes, sir.
Commissioner Hernandez: Sure.
Mayor Carollo: So, I want to get the highest amount that we can.
Commissioner Plummer: What you are saying is, no less than?
Mayor Carollo: No, less than forty-five hundred.
Commissioner Hernandez: Yeah. No less than forty-five hundred. (phonetic).
Mayor Carollo: But, what we are looking for is, if the interest amount is greater than forty-five
hundred, it will be that amount. If it's less than forty-five hundred, it will be forty-five hundred.
It is up to the will of this Commission. I have some very mixed feelings about this but, I'll open
it up for any motions, that anybody would like.
Commissioner Hernandez: Mr. Mayor, I make a motion to accept the restructuring of the Indian
River Properties to Sentra as stated on the record in which of the purchase of the property
proceeds will go to cover the principals that are in arrears and the interests that are in arrears. In
the meantime for the next 12 years, Mr. Dearing or Sentra Properties will pay forty-five hundred
dollars ($4,500) or whatever interest amount is to be paid, whichever is higher. That's about it.
I don't think we have anything else, right?
Mayor Carollo: With the conditions that was...
166 June 9, 1997
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Commissioner Hernandez: And, the conditions stated by the Legal Department, Linda Kearson.
Mayor Carollo: OK, there is a motion, is there a second?
Commissioner Plummer: You recommend it?
Mr. Nachlinger: Yes, sir.
Commissioner Plummer: I second it.
Mayor Carollo: Second by Commissioner Plummer. Any further discussion? Hearing none,
call the roll, please.
Commissioner Gort: Before I vote, I would like to make sure, I received the report from the
Attorney's office today, on all of the loans that we have outstanding for five, six and seven years.
And, I think, somehow as we structured this gentleman's loan, every other loan that we have, I
think we should have a time period that we should foreclose as soon as we can so we won't have
these type of problems anymore.
Commissioner Plummer: And that's why I have said all the way along, any future contract with
this City, we must have a minimum of three months in advance, if not six months in advance. In
case of default, we don't have to go chasing them, we have got them.
Mr. Dearing: Thank you, gentlemen.
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-406
A RESOLUTION (Pending the Law Department.)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
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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.
58. AUTHORIZE CITY MANAGER TO EXECUTE INDIVIDUAL
AGREEMENTS WITH SEVEN COMMUNITY BASED ORGANIZATIONS
TO IMPLEMENT ECONOMIC DEVELOPMENT PROGRAMS -- ALLOCATE
23 YEAR CDBG INCENTIVE FUND ($493,850); CDBG PROGRAM INCOME
($39,050); 23 YEAR CDBG PROGRAM ($30,900).
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Are we going to do the Maritime Park, now?
Mayor Carollo: Let's do the Maritime Park, now.
Vice Mayor Regalado: Before the Maritime Park, Mr. Mayor, I was told that there is a problem
with item-23. We deferred that because of what we said, that we need to find the money to fund
other organizations. But, it seems in the process, it's complicating the situation because they
need about three weeks and then come back to the committee. So, I don't know if we can go
back to that item, because...
Mayor Carollo: We could, if we want.
Commissioner Plummer: Well, I don't have any problem going back. But, I understand
Humberto's concern.
Vice Mayor Regalado: No, and he's right because we need to find...
Commissioner Plummer: And, I... Well, let me tell you how I think we can handle it.
Vice Mayor Regalado:... but we can, if we can be assured that if we approve this or maybe we
can approve this with the condition that in the next few days you will, within this budget, find
money for the two...
Commissioner Plummer: Well, let...
Vice Mayor Regalado: ... so you can start the process.
Commissioner Plummer: May I suggest to you the following? That we approve it with each one
of the allocations reduced at this time by ten percent. At such time, that we find and get the
allocation, we might reinstate the ten percent...
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Vice Mayor Regalado: Right.
Commissioner Plummer: ... or we may not. But, I would suggest, so there will be monies
available if we need to start the other two, that we at the present time reduce it by ten percent. If
you want to move it that way, I'll second it?
Vice Mayor Regalado: OK. I...
i
Mayor Carollo: There is a motion. There is a second. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No nays.
Unidentified Speaker: Thank you, Commissioners.
Mayor Carollo: Surely, thank you, sir.
The following resolution was introduced by Vice Mayor Regalado, who moved its adoption:
RESOLUTION NO. 97-407
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
INDIVIDUAL AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH SEVEN (7) COMMUNITY BASED ORGANIZATIONS, AS
HEREIN SPECIFIED, FOR THE PURPOSE OF IMPLEMENTING ECONOMIC
DEVELOPMENT PROGRAMS; ALLOCATING FUNDS THEREFOR, FROM THE
TWENTY-THIRD (23RD) YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
INCENTIVE FUND ($493,850), CDBG PROGRAM INCOME ($8,150), AND
PREVIOUSLY ALLOCATED FUNDS FROM THE TWENTY-THIRD (23RD) YEAR
CDBG PROGRAM ($30,900); FURTHER ESTABLISHING A RESERVE FUND, IN
THE AMOUNT OF $53,290, CONSISTING OF A TEN PERCENT FUNDING
REDUCTION FROM THE HEREINABOVE CBO'S ALLOCATIONS, FOR THE
PURPOSE OF IMPLEMENTING ECONOMIC DEVELOPMENT PROGRAMS IN
THE MODEL CITY AND WYNWOOD AREAS, AS FURTHER SPECIFIED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
169 June 9, 1997
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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.
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59. INSTRUCT CITY MANAGER TO HAND DELIVER TO METRO-DADE
COUNTY REPRESENTATIVES THE MARITIME PARK AGREEMENT
SUMMARY OF TERMS AND CONDITIONS WITH MODIFICATIONS.
Mayor Carollo: We are going to go now to a discussion item that I would like to bring up on the
Maritime Park on negotiations. When this Commission instructed me to lead the negotiations
and be the spokesperson for this Commission, as the Charter indicates that I am to be, on the
Maritime Park Agreement. Every step that I have taken has been following the guidance which
a variety of different meetings I have asked for from this Commission. I was instructed in very
clear and precise language that the will of this Commission, unanimously, was that we were to
negotiate for a lease that would have the present day value of no less than the assess value of one
hundred and twenty-one million, one hundred and thirty-four thousand approximate dollars. I
have tried to move forward with the clear instruction that this Commission has given me trying
to come up with different concepts that we would meet the criteria that this Commission
established which has been quite clear. On Saturday, June 7th in the front page of The Miami
Herald there was an article by the reporter that covers the County Commission, Joseph Tanfani,
that titled the following. "Firm that untangled Miami mess to airport." And, he says the
following: "The accounting firm that helped picked apart the tangled finance of Miami City Hall
now has been hired to perform the same job with the Port of Miami. Public Financial
Management, a Philadelphia based investment firm, will go to work with a team of money
Managers now pouring over the Seaport's finances and revenue projections." It states: "Metro -
Dade Mayor, Alex Penelas says lie wants a fresh analysis before Metro commits to one hundred
and sixty-three million port expansion plan including a new downtown basket ball arena." This
is what was reported on Saturday's paper. I have done what this Commission instructed me. We
have facilitated to the County some creative ideas of how we can go about in meeting what this
Commission instructed me to ask of the County. We were supposed to hear back this week. I
gather the letter that we all received today is part of the answer that we received back. And,
basically from what I understand, the County undertook an appraisal of that property by
Kimberland or Kinliving (phonetic) Appraisal and according to what -- really over a page that's
written -- it basically states that they feel that the property is worth eighty million dollars
($80,000,000). Even though, the County has it assessed at one hundred and twenty-one million
on hundred and thirty-four thousand. Right off the bat, one of the things that I see that's wrong
with this appraisal, and again, we don't have any of the information that they included in this
appraisal, is that they forgot to include some eight and three quarters acres that is the slip that
should be part of that. It's the deep water slip that's there. That of course can be filled and we
have every right to feel like part of that property was filled in the past. So, that's about a fifteen
170 June 9, 1997
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million dollar ($15,000,000) mistake that they made right off the top without even having access
to any other information that they have. I have tried to not only follow the instructions of this
Commission but to deal in good faith in dealing with the County. By doing that, I tried to keep
the negotiations outside of the scope of the media. And, the reason for that is clearly, that if you
are wanting to negotiate in good faith, you do just that, until you are ready to come to the
respective bodies and present to the County, City Commission final conclusions so that the
respective Commissions can determine if they want to vote for it or not. What I have handed my
colleagues here is one, two, three, four, page summary of the terms and conditions, that is what
basically was told to the County verbally that we could try to look in trying to meet the request
of the City Commission. Most of what we have here we feel would come to approximately one
hundred twenty one million dollars ($121,000,000). We could go down the line and discuss each
and every one of them here today. At the same time, there is more than just dollars and sense
here. We have no time, we have gotten even the first blueprint of what the County really wants
to do in that land. We are completely blind as to exactly what they want to do, how much they
want to do? All that we know is that they want to build an arena there. They want to put
terminals. We don't even know how many terminals.
Commissioner Plummer: That's right. They have eliminated in their ideas, the Maritime Board.
They don't want us to know.
Mayor Carollo: Well, while it initially looks that the twenty-nine million dollars ($29,000,000)
up front that they are offering is a very good deal, and it's a lot of money, if we look at this a lot
closer, based upon some of the requirements that they have wanted from us, right off the bat we
will have to pay three million nine hundred and fifty thousand dollars ($3,950,000) to defuse the
present bonds that are in the park, that in the old lease the County was going to be paying for
that. So, that's approximately four million. There is no mention of the pedestrian bridge from
the Maritime Park to Bayside that under the old lease the County was going to pay for that. That
might be inasmuch as another one million dollars ($1,000,000) or so, I am not sure the
approximate amount that was calculated. At the same time, since we don't know what they
really want to do in that property, how much they are going to dredge in addition to what we
thought they were going to do in the past. We don't know how much money is really going to
cost an environmental payments to the City of Miami. That's, you know, what we are
estimating, may be ten million dollars ($10,000,000). So, right off the bat, just in this alone, out
of your twenty-nine, minus fifteen, you are down to about fourteen. Then, if we go along with
some of what they requested as far as putting and making the City responsible for DRI
(Development Regional Impact), etcetera, etcetera, etcetera, that might be millions of dollars
more that the City might have to pay. If the Manager would like, he can go down the line on the
lease terms and the other information here, or I could do that and he could make it clear what he
is recommending to this Commission, and this Commission can vote to present this to the
County or not vote to present this to the County or anything else that he would like to present to
the County. But, the bottom line is, I was told one hundred and twenty one million plus the
assessed value on their property. And, this is what I have been working on. It seems that when
the County wants to move this quickly then all of a sudden they bring something up. When they
do not have as much interest at the time, because they might be busy with the port or something
else, then you can't speak to them. But, here is it.
Commissioner Hernandez: Mr. Mayor? First of all, and I would like to premise this because
there seems to be a media frenzy in pinning me against you and you against me and I want to...
Mayor Carollo: It shouldn't be that way.
Commissioner Hernandez: ... clearly state this on the record.
Mayor Carollo: Yeah.
171 June 9, 1997
Commissioner Hernandez: What I am troubled about is, and I commend you for your efforts
because you have been doing this for several months and we appointed you to direct the
negotiations on behalf of the City. But, what I have seen is, a state of complacency on behalf of,
I don't know who, but let me tell you what I see. On May 6th, we received an offer from Dade
County. To this date the City of Miami has not written a response to that, whether it's in the
affirmative or the negative. We know that we want one hundred and twenty-one million dollars
($121,000,000). We gave you that authority and I sit by that authority and that's a firm offer that
the City made to them. But, we cannot continue to negotiate without constant communication
between both parties. I sat down with the Mayor of the County. I have sat down with the
County Manager and I sat down with a Commissioner which was designated by County Mayor
Penelas to negotiate with you and your team of negotiators, being the City Manager. They are
telling me completely the opposite story, that they are waiting for an answer from the City of
Miami. What you have been hearing from me is, basically that it's time for us to act. It's time
for us to really fish or cut bait like Commissioner Plummer said. And, what I tried to do in the
last Commission meeting was simply, and I think it's time for us to do that, which is to include
this entire Commission to work with you and the County Manager and the County Mayor to
bring this to a conclusion. We cannot afford, and I think you agree with me on this, to loose the
last professional franchise that we have in the City, to loose an opportunity of a lifetime to have
a great amount of recurring revenue to this City and I think it's time for us to sit down together
as a Commission with the County Manager and the County Mayor and take care of business.
Months have gone by, May 6th, was the last offer and today I received just like you did, this new
appraisal report. I don't really care what that appraisal report... that's their appraisal. We will
have our own appraisal. What I am trying to get to is the bottom fact that we need to bring this
to a conclusion and that is bottom line.
Commissioner Plummer: Let me give you my thoughts.
Mayor Carollo: If I can, Commissioner, I would like to answer Commissioner Hernandez, if I
may? And, let me say this of what... I don't think we need any Trojan horses from any side
coming at us. You, yourself have confirmed that you have been negotiating with the County.
You have confirmed that you met with numerous of the people on the other side, on many
occasions. So, you have been part of the process too. You have been talking with them, you
have been negotiating with. But, what you apparently have been told or maybe have
misunderstood or have gotten parts from different people, because on the other side there is
about 20 people. On this side, there is very few. Us up here basically, and a handful of others
that have been involved from the City. What you haven't been told is, that I have verbally made
it clear to the County that I would be more than willing to meet with any of them. In fact, I have
met and spoken to the Chief of Staff of Alex Penelas on this. Unfortunately because of the
County's other more current problems that they might have had to pay attention to, such as the
Port of Miami, this wasn't in their front burner. All of a sudden it came to the front burner
again. I have been more than willing to meet with the other side, but I will tell you right now
what I am not going to do, is to meet with any one or two individuals that really can't made the
decision or be sitting down to get into a shouting match or a threatening session that if you don't
do this, you are going to lose next election because we are going to do that. Basically, I think
that, you know, the time has come to fish or cut bait. Here is a proposal that the Manager is
recommending. This is a proposal that we have been working very diligently at doing... Let's
discuss it today, let's make an offer. I don't care how many surveys they started doing last week
to see how many of us are going to cave in to whatever demands they want. I don't care how
many questions are asked of voters, and whichever way it's done. The bottom line is, that this
Commission, I think is in a situation that we are at a point that we need to make a decision in this
one way or another.
Commissioner Plummer: Well, hello?
172 June 9, 1997
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Mayor Carollo: If the decision of the majority that this Commission makes, puts me or any of us
in a situation, that there are going to be people gunning for us, next November because we didn't
do what their pocket book would have been benefited by, so be it, let them gun for us. But, I am
frankly, fed up with this kind of process. I have acted in the extreme good faith, I have made
myself available anytime that the people in the County have wanted to meet with me and in fact,
I have had conversations at different times with the Mayor of Dade County, with his Chief of
Staff personally, with other people over there. The bottom line is, Commissioner, what's in the
letter here? They want a bottom line of what their last offer was and this Commission said "no."
Everything else is really irrelevant at this point in time. They want to pay the amount that they
stated to us the last time. Now, it's up to this Commission if we feel that we want to accept that
or not accept that. Simple as that.
Commissioner Gort: Mr. Mayor, and correct me if I am wrong? The last time we sat here and
we talked about this item, we instructed the Manager to send a letter and I think we... In that
letter we stipulated what we wanted. The one twenty-three and all the... Was that done, Mr.
Manager?
Mayor Carollo: No, the Manager was instructed to send a letter to them when they first made
the offer to buy it in the sale. What we asked the Manager to do was recommend to us if we
should accept the latest offer or not, that was made on the lease? The Manager did send a letter
which we all should have copies of the offer by the County when they made the offer to buy the
property.
Commissioner Gort: So, we did not send a letter
Mayor Carollo: But, you know, all of us know well, I mean, right now you have every single
person over at Dade County that's watching this. They are all aware of this. Let's not play any
more games. I mean, let's get to the bottom of it, and I don't mean you, Commissioner. Let's
get to the bottom of it and...
Commissioner Gort: Mr. Mayor, but I think that's the reason that I had asked at that time if we
can send what we wanted, and then I stated, this is what we want and I think we all up here
agreed to these terms in this piece of paper. Don't have it, but I understand...
Commissioner Plummer:
No.
Commissioner Gort: No?
Commissioner Plummer:
No.
Mayor Carollo: No, no.
What we agreed on last time, it was that it would be no less than one
hundred and twenty-one million plus the assessed value...
Commissioner Plummer:
True.
Mayor Carollo: ... at present day value. I tried to be as creative and so did the administration as
we could. For instance, we have brought up prior properties that the last time the City dealt with
the County that frankly, we got the short end of the stick again. For instance, the last time that
we dealt with the County at the Port of Miami, there was a piece of property at the Municipal
Justice track that, and it's changed for us to giving them additional property to expand the port,
we were supposed to get two tracks there. Unfortunately the tracks had deed restrictions that we
could not sell those tracks. If we did, we would loose the right to them and they would revert
back to the County. So, now we can't sell them like we would like to with some additional lands
173 June 9, 1997
AWN u
that are there. These are the tracks, they are in the property that they offered to include as part of
the original deal to make a jail out of. A 1,000 bed jail. Here comes another one that we got the
short end of the stick the last time this City made a deal with the County for the Port of Miami.
This track of land at 850 and 864 Northwest 21st Street. There are warehouses that they put a
deed restriction on that they could only be used for Sports related activities. We have never
gotten the deed to that property. That property is still being used in the hands of Dade County.
Let's move on to Virginia Key Beach. The County included a lease restriction that they would
have to approve anything that we could do at Virginia Key Beach. This is also part of what the
City got the last time that we dealt with the County in dealing with the Port of Miami. This has
been going on for a long time, long time, as Commissioner Plummer has stated many times
before. This is not because of the City of Miami. Now, if my colleague to the right or any of my
other colleagues to the left or right would like to change the request that we have made to the
County, you know I would certainly listen to any additional request that you would like to make
to the County or, should I say, different price tag on this property.
Commissioner Plummer: Mr. Mayor, the only thing that I have been long and strong about and
will continue to be is, that there must be a Maritime Board as originally proposed by the County.
And, that Maritime Board would have the control over design and development of that park.
That is the front door of our City. It was to be two City Commissioners, two County
Commissioners and they would elect one, not from the City or from the County as an
independent. The only other thing that I would want to be put in there, that... where it says "the
County shall not contest the docking of any vessels regardless of size at Watson Island." I would
like "or at Bayfront Park." OK?
Mayor Carollo: That's right, sure.
Commissioner Plummer: Also, that the outdoor events... In other words, I don't want them to..
in Bicentennial or FEC (Florida East Coast) to be in competition with our amphitheater at
Bayfront Park. And, I think, where we have a restriction we have to live with. Mr. Mayor, let
me tell you where I am at. And, I'll make it very clear again. You know, I would like to reverse
the tables on them. Mr. Manager, I would like to see you send this document to them tomorrow.
Give them until Friday at five o'clock like they so like to do with us. That if they wish to meet
this as a minimum requirement, that we the City Commission in total will sit down with whoever
they wish to designate and we will further clarify all of the document. But, anything less than
this as a minimum requirement, thank you, and good bye. I don't think that we can continue to
allow them to try to make us a scapegoat which is what they are trying to do. They think
because this City is in trouble financially, that they can rape us, and they are not going to do it.
There is no fire sale on City property, as far as I am concerned. I don't know that they are not,
maybe now want to back track about the expansion of the port and trying to turn everything
down and say that we are the reason the port is not expanding. All I could say to you is, I don't
think this Commission has ever deviated from the one hundred and twenty-one million dollar
($121,000,000) number. I don't think there has been a single time, so whenever you are ready...
Mayor Carollo: Well, Commissioner, I will say this to you and I am sorry to interrupt you. If it
gets to the point ever that they want to accuse this Commission that the reason the port can't
expand is because of us, I will publicly make the statements that were said to me by certain
people very much having an interest in this project as far as the Port of Miami and how it can or
cannot expand at this point in time. This has got nothing to do with the expansion of the port.
The port can expand in many different ways. We want to deal in good faith. Having to go
through this publicly is not the way that you negotiate, unfortunately. If this is what they want,
they got it. We are going to go through it publicly today.
Commissioner Hernandez: Mr. Mayor.
174 June 9, 1997
.1;
Mayor Carollo: Yes.
Commissioner Hernandez: On Commissioner Plummer's point. As to the Maritime Board, and
I don't know if this has been explained to you or mentioned to you. I was assured by their
County Manager that the Maritime Board or anything of the like would not bring this negotiation
to a halt or destroy the negotiations.
Commissioner Plummer: Well, excuse me...
Commissioner Hernandez: They have no problem with a Maritime Board...
Commissioner Plummer: Why they eliminate it?
Commissioner Hernandez: Well, I could only tell you this, this is the last week, OK?
Mayor Carollo: Yeah.
Commissioner Plummer: OK.
Commissioner Hernandez: Arid, that's why I think it's important and that's why it's not a
frontal attack on the efforts of the Mayor. What I have been trying to say is, let's include the
entire Commission in this effort...
Commissioner Plummer: Absolutely.
Commissioner Hernandez: ... and let's bring this to a close.
Mayor Carollo: Well, this is what I have asked this Commission to do today. We are going to
go item by item here so that we could bring this to a close in what a counter offer is...
Commissioner Plummer: Joe, I am ready...
Commissioner Gort: I am ready.
Commissioner Plummer: ... to make a motion.
Mayor Carollo: Yeah, but J.L., let's go item by item. If you all have the time, I certainly do.
Commissioner Plummer: We have developed this for you.
Mayor Carollo: I have placed so many hours in this, I have gone through the pains that I don't
think I have ever gone through in anything that I have dealt with for this City in all my years.
So, I am willing to go through this because obviously this is not about that I haven't informed or
not inform because as the Commissioner again stated, he has been speaking to the County
Manager, he has been speaking to Commissioners there. He has been speaking to all kinds of
people there. So, he's somewhat aware. What this has to do is, that the other side somehow is
trying to see how they can find a crack in this Commission. Now, that's on one hand. On the
other hand, frankly, I am really beginning to wonder if maybe they really don't want this to go
forward.
Commissioner Plummer: Ah-ha.
Mayor Carollo: And, they are trying to put the blame on this Commission. Or maybe some
others for their own purpose since all the poles that they have done, they don't like reference me.
175 June 9, 1997
A u.
Maybe, this is another attempt to reestablish the ABC group again and use this as a rallying
point. But, frankly I really wonder if anyone has done a survey of the seats that are fill in that
arena for whatever the case is, whether basketball or hockey. How many of our City of Miami
residents actually go there that can afford to buy tickets there?
Commissioner Plummer: They can't.
Mayor Carollo: And, this is coming ladies and gentlemen, this is why I am really tired of this
from the one individual that if it wasn't because of me, we won't be discussing this today
because they would have, The Heat would have gone to Broward County a long time ago. What
I did then was what I thought was in the best interest of this community and this is why I am
taking that same position now. What's in the best interest of this community. So, anybody out
there who thinks that this could be an issue that they are going to try blame me or this
Commission for The Heat threatening to leave Miami. Now, this is the guy when none of them
had the guts to face Wayne Huizenga, this Mayor did that. And, we did it without any help from
anybody else. So, Mr. Manager if we can start from point one, in the lease terms.
Mr. Edward Marquez (City Manager): OK. Mr. Mayor, Commissioners. The first section here,
lease terms describes a 45 year lease and rental payments between years one and ten to be four
million dollars ($4,000,000) per year. Years 11 and 15 shall be four million dollars ($4,000,000)
increasing at one point five percent per year including year 15. The rental rate for year 16, shall
be four point five million, for years 17 through 45 the four point five million shall go up by three
million per year. At the commencement of the initial year lease the County shall make a
payment to the City of twenty-nine million dollars ($29,000,000) which consists of the first four
million dollars ($4,000,000) lease payment plus advance rental payments for the last two years
of lease, 44 and 45. The total of these cash payments amount to two hundred and seventy-nine
million dollars ($279,000,000) with a net present value of ninety-seven point four million dollars
($97,400,000). This basic lease terms is very similar to what they proposed to us on May 6th of
' 97.
Mayor CaroIlo: The difference on this I believe, Mr. Manager, was on the year 43. They had
taken out four million one hundred thousand dollars ($4,100,000). We added that back in.
Mr. Marquez: Correct. Now, the difference and present value amounts between their offer and
this amount here, is something to the tune of four hundred thousand dollars ($400,000) when all
is said and done in today's terms. In order to attempt to get close to the one hundred and twenty-
one million dollars ($121,000,000) of assessed value that is a target figure which is the direction
of the City Commission, we are suggesting items in addition to the rental payments, First of all,
if the County is to defuse the outstanding park bonds in which is valued at three point nine
million dollars ($3,900,000).
Mayor Carollo: Now, if I may, Mr. Manager, stop there for one second? Under the old lease,
and the old lease the only reason that we are not living by it today, was because the County
changed it on us without coming to this Commission and discussing it with us. Otherwise, there
would be no additional discussions. Under the old lease the outstanding park bonds that needed
to be retired in order for this development to go there came to close to five million dollars
($5,000,000). So there is a savings to the County there already of one million dollars
($1,000,000) from before.
Mr. Marquez: Correct. There also is a component of the old lease, the County was to provide
funds up to two million dollars ($2,000,000) for the construction of a new fire station that was
supposed to occur within the Maritime Park complex.
Commissioner Plummer: And, I assume that also means the land that's necessary to build the
station on?
176 June 9, 1997
Mr. Marquez: Up to two million dollars ($2,000,000) was the purchase, was the total acquisition
cost.
Mayor Carollo: Yeah, that was the...
Commissioner Plummer: Well, the two million... to make two million dollars ($2,000,000) to
build a fire station, you have got to have the land.
Mayor Carollo: Yeah, that was going to be built in the actual Maritime Park.
Commissioner Plummer: Yeah, OK.
Mayor Carollo: And, the reason that they suggested it, that it be there was because it would be
close to the cruise ships and the actual project in case of need.
Commissioner Plummer: Well, it goes further than that. That would replace our fire station
number one, which is solely and desperately needed by the junior college property.
Mayor Carollo: Well, that would have accomplished that, yes.
Commissioner Plummer: Yeah, sure.
Mr. Marquez: The items following are items that don't really constitute out of pocket expenses
for the County but it does add value to the City. Now, I want to ask Jack Luft to come up here
and go item by item because they relate to past transactions, a number of them relate to past
transactions that the City and County had implemented.
Mr. Jack Luft (Director, Planning and Development): I heard the Mayor has commented on the
reverter clause and two parcels in the municipal justice track as well as the stadium warehouse
property. In addition, the County controls geographic information system level data for the
entire City at the structural level. It would be a tremendous enhancement to our information data
base and we would like them to provide that. There is also a continuing question of every time
the City seeks to have major arterials, right now we are looking at Biscayne Boulevard to the
Northeast and Southwest 8th Street to Little Havana and the recent improvement of U.S. 1 Dixie
Highway. These are all significant cost to the City and yet they are arterial roadways that we
believe benefit the region and more properly maintained by County regional arterial authority.
In addition, the County currently maintains a clean shoreline for the City of Miami and charges
us for that. We believe that is likewise a regional function and we would like them to provide
that service to us as they do other communities for the whole of Biscayne Bay. That completes
the list along with the Virginia Beach deed restricting.
Commissioner Gort: Jack, if you skip the County town (phonetic) bay, the tower we have
restrictions to the stadium warehouse?
Mr. Luft: No, the Mayor had mentioned that earlier, but I can cover that for you. We have a
facility that was once upon a time used as a Drivers License examining facility. They have since
vacated that property. The County restriction on that site would... requires that we use it for
sports related purposes. So, the thinking there was that it was across the street from Bobby
Maduro Stadium. And, until we do come up with a sports related purpose they wouldn't convey
it. We are asking them to remove all of those restrictions and simply convey the property as part
of the original land transaction in 1981.
Commissioner Plummer: They shall learn to love it.
0
177
June 9, 1997
Mayor Carollo: Basically, on these additions with the exception of the first two, which were in
the old lease, the retiring of the park bonds for three million nine hundred and fifty thousand
which is about a million less than what was there before because we paid that difference already.
And, up to two million dollars ($2,000,000) for the new fire station. The bulk of the rest is not
going to cost the County anything or very little to do. All these lifting of all these deed
restrictions that would represent to this City millions of additional dollars, it's not going to mean
anything to them. And, this is property that we should have had on the last deal that we did with
the County on the Port of Miami anyway.
Commissioner Plummer: Are you ready for a motion?
Mayor Carollo: Let's go down the list J.L., because there are many key provisions here that we
need to bring out in the open.
Commissioner Plummer: The only one that I have is there must be mandated a Maritime Board
with the conditions set forth by the County before. Now, I'll go ahead... go down the list all you
want but that's my only addition.
Mayor Carollo: Those are included and will be included.
Mr. Marquez: On the next page starting with lease conditions the first three items are protection
items. The first one is no load lease conditions, no subrogation or assignment leasehold rights
will be permitted. The next two items deal with property taxes. The City shall not be
responsible for any future ad valorem taxes and if there is commercial development on the site,
they should pay to the City real ad valorem taxation. And, that's important for one, for purposes
of our own coffers having future revenues, plus perhaps even more importantly to keep Bayside
on an equal competitive edge as any retail development on the Maritime Park site.
Commissioner Plummer: Under the new Statutes though, I think you will find that any
governmental property occupied by a profit making corporation has to pay ad valorem taxes.
Mr. Marquez: Even if it's on County's land?
Commissioner Plummer: Yes, sir.
Mr. Marquez: That's a change then, I am not aware of.
Commissioner Plummer: Well, ask the ball field in Tampa. Any... Whatever it is, it's the law.
Mr. Marquez: It's the law. Well, since this is the front door of the City of Miami, we feel it's
important that City police and fire services are maintained on that property.
Commissioner Plummer: Agreed.
Mr. Marquez: The County... We are asking that the County hold harmless the City from
lawsuits from LMI (Leisure Management International) by virtue of the County's decision to
construct a new stadium on the property.
Commissioner Plummer: May I suggest that you not only say LMI, but you any lawsuits that
occur, by virtue of anybody else? Any of the vendors could file a lawsuit in addition to LMI.
So, any lawsuits that are incurred by virtue of a second arena being built that they would hold us
in defense.
178 June 9, 1997
Mr. Marquez: So noted. On their offer letter the County had the City picking up all costs
associated with DRI, Development Orders arising from the development of the site. That's an
open ended liability which we do not feel should be the City's nickel and we are suggesting that
the County shall, at it's own expense mitigate any requirements for the downtown.. for the DRI
development order. Again, pertaining to the old agreement, there was a pedestrian bridge to be
constructed between the Maritime Park and Bayside, we are reinstituting that here. To protect
Bayside, Bayfront Park outdoor events, we are suggesting a programming for outdoor events be
approved by the trust, by the management trust. We also feel, we also believe that the City of
Miami's name... The word "Miami" should be included in any naming right, in any naming of a
facility as opposed to Florida. The reading of Florida Basketball or whatever.
Mayor Carollo: For instance, if they want American Airlines to have the naming right, which is
one of the names that I have heard that is being talked to by the County, it should have the name
Miami included somewhere, whether American Airlines Miami Arena, or somewhere in the
name, Miami should be included.
Mr. Marquez: The County should also not contest the docking of any vessels regardless of size
at Watson Island or at Bayfront Park as amended. Environmental remediation, I'll ask Jack to
come up and speak on this. It's a major difference from what was prepared earlier by the County
and I'll have him explain it.
Mr. Luft: The City has not conducted any Phase I or Phase II level audits at this site. The
County has ordered the Level I, we have provided that a copy but, what we are saying here is
that the City shall undertake an audit of the property to assess the existence of the contamination.
Any potential hazardous substances in the soil or water and designate those areas of
contamination. The issue here is that remediation of contamination can potentially be a very
costly item. We are recommending that the limitation which was... There was no limitation in
the County's offer. We would share equally and all costs without limit. There shall be a limit
and we are setting that limit for the City at ten million dollars ($10,000,000). Moreover, the
costs of those remediations can be substantially affected by the manner in which the site is
disturbed for construction or development. We have seen at the airport substantial costs could
have been avoided had other measures been chosen. We see no need to spend money that an
environmental audit or an examination of remediation techniques and levels of remediation
might be able to lower that amount. The City should be able to participate in some of those
decisions and review those facts as a condition of leading up to that ten million dollar
($10,000,000) exposure. In addition, the City shall... The County shall be designated... the
degenerator of the vast produce by an investigation, remedial action or construction activities
taken at the property. The City shall have releases or contributions protection with respect to all
work, that's construction and remediation performed at the property. The City will reserve
approval rights with respect to design and construction of improvements on the property in the
event that any specific element or design of construction would require extraordinary
remediation action and result in unexpected or substantial increases in cost. The County will
assume all liability for any contamination at the property which is discovered during the lease
term which is not identified as existing at the property at the commencement of the lease term.
So, any subsequent contamination that arises from the County's activities or port activities, we
will be held harmless from. Any remediation costs due to changes in the configuration of the
property's existing shoreline or relocation of the existing slip which is solely at the discretion of
the County, shall be borne completely by the County. That's potentially a 15 acre excavation
and potential remediation that we believe if it's the County's choice to do that, then, they should
bear those costs.
Commissioner Plummer: So, what you are saying is, if predicated on that statement, we could
be accepting as little as one hundred and eleven million dollars ($111,000,000)?
179 June 9, 1997
Mr. Luft: We could have a net after the ten million dollars ($10,000,000) expense of one
hundred and eleven. The history of the site is that the City of Miami ran the Port of Miami and
the environmental laws do have a change of title and a exposure by virtue of those past activities
that we cannot avoid. We do believe that there are substantially new and improved techniques
today for remediating properties and that we should not have an unlimited exposure despite that
history of use.
Commissioner Plummer: I think it's too much for the City to pay, but...
Mr. Luft: It's not necessarily that we will pay that much, that would be the limit, but we would
be examining every dollar that would be spent up to that limit and justifying it all along the way.
Plus, we would ask that the audit cost of ninety thousand dollars ($90,000) be shared by the
County, 50150.
Mayor Carollo: OK, now the use and development parameters.
Mr. Marquez: We have made out general parameters for the use of the facility and I just want to
run through them and the purpose of this so that we limit competition with other entities within
the downtown area. The primary uses of the site will be a public parking and bay walk.
Approximately 60 percent of the land will be green area. Cruise terminals two to five birthing
slips for any type of cruise vessels, sports and entailment arenas is perfectly allowed. Auxiliary
uses, public cultural facilities, museums, visitor attraction, there is no limit on that. Specialty
entertaining, dining, theater, speciality cinema, clubs, etcetera, no limit as to the number of
those. And, specialty crews, charter boats and tour boats marinas. We have put a limit of 25
slips. Again, all these are so that there is no undue competition elsewhere downtown Miami.
Restricted uses. Retail, we are suggesting that 100,000 gross feet would be the limit as far as
retail activities at the site. Office, only administrative support office space to be provided, no
primary office building should be built. No residential, no hotel, no gaming facilities and no
cargo ships. We have contracted here for cruise ships and leisure boats, and not the hard core
cargo facilities that you would see at the Lumus and Dodge Island sites. And, following on the
last page is the schedule of the payments that we are suggesting here, and again, these base
payments are very similar to the base payments that the County had suggested.
Commissioner Plummer: Tell me when you are ready for a motion.
Mayor Carollo: Commissioner, we are ready for a motion if this is the will of this Commission?
Commissioner Plummer: Mr. Mayor, I move you sir, that this list be hand delivered to the
County appropriate party tomorrow morning and that they be given until Friday at five o'clock
that if they wish agree to accept this as a minimum criteria that this Commission will be happy to
sit down with whoever they designate and finalize this deal. In lieu of that, thank you, but no
thank you.
Mayor Carollo: There is a motion by...
Vice Mayor Regalado: What is the difference between approving this and keeping the Mayor as
the lead person?
Mayor Carollo: Well, we are not even getting into that, Commissioner.
Commissioner Plummer: We are not discussing that.
Mayor Carollo: I am not discussing that.
180 June 9, 1997
Vice Mayor Regalado: No, but since you said...
Mayor Carollo: What I have asked the Commission is to take a vote on this. I am not concerned
about getting into any of the other aspects of it.
Commissioner Plummer: No. Hell, no.
Mayor Carollo: All the other issues...
Commissioner Plummer: Hell, no. That's what they did to us every time they come around
here. Friday, at five o'clock.
Mayor Carollo: ... are only issues to try to distract this Commission from what it has to do.
Simply, put it, I have asked the Commission to take action on this and if you all want to change
anything, add anything, feel free to.
Commissioner Hernandez: Are we not negotiating as a whole? That was my whole issue.
Mayor Carollo: Well, by doing what I am doing, Commissioner, we are making...
Commissioner Hernandez: That's not my question.
Mayor Carollo: .... we are making a clear statement to the County that this is the position a
majority or four or three or whatever the vote is, that votes for this today.
Commissioner Plummer: Well, Mr. Mayor, there is no question as to the fact that if they accept
this as a minimum criteria, that this Commission in its entirety has got to be the ones who
approve or disapprove any of the final documents. But, this is the minimum criteria, so in effect,
there is no question this Commission will be the negotiating... not negotiating. There is no
negotiating after this offer. This is the minimum offer. If they accept that, it's basically from
that point to sit down and finalize the documents, period, Amen. Now, the Manager is
concerned that Friday at five o'clock. I don't know why I should give them any more courtesy
than what they have given us in the past. Every time they have sent us a document, it's been
Friday at five o'clock. Now, the only thing that I want to make damn certain of, and I am tired
of making damn certain of, but this time, I want somebody to say for sure, Friday at five is
absolutely the end. Now, if that's not the case, then to hell with it. I mean, we are playing
games.
Mayor Carollo: Commissioner, feel free to make any motion that you will like. I am ready for
whatever the consequences are.
Commissioner Plummer: My motion is very simple. With the insertion of a mandated Maritime
Board which was proposed by them, that the Manager include that in this document which we
have gone over line for line for line, expressing to the County that this is the minimum criteria
that this City will accept. That anything less than this, we thank them for their kind offer. That
if in fact, they wish to proceed with this as the minimum criteria then this Commission will sit
with them and finalize the document. Period, Amen. That's it.
Commissioner Hernandez: I second the motion.
Mayor Carollo: There is a motion...
Commissioner Plummer: And, don't bring it back to me after Friday at five if they refuse.
181 June 9, 1997
Commissioner Gort: Yeah.
Commissioner Plummer: What?
Mayor Carollo: There is a motion...
Commissioner Plummer: What do you mean?
Commissioner Gort: Call the question.
Mayor Carollo: There is a motion by Commissioner Plummer, it's been second by
Commissioner Hernandez? Any further discussion from the Commission? Any further
statements from the administration?
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-408
A MOTION INSTRUCTING THE CITY MANAGER TO HAND -DELIVER TO THE
APPROPRIATE METRO-DADE COUNTY REPRESENTATIVES) "THE
MARITIME PARK AGREEMENT SUMMARY OF TERMS AND CONDITIONS" AS
PRESENTED BEFORE THE COMMISSION TODAY WITH THE FOLLOWING
MODIFICATIONS:
* THE COUNTY SHALL NOT CONTEST THE DOCKING OF ANY VESSELS,
REGARDLESS OF SIZE, AT BAYFRONT PARK;
* THE COUNTY SHALL NOT HAVE EVENTS IN BICENTENNIAL OR THE FEC
PROPERTY WHICH COMPLETE WITH THE BAYFORNT PARK
AMPHITHEATER;
* THERE SHALL BE A MARITIME BOARD, AS ORIGINALLY PROPOSED BY
DADE COUNTY, WHICH SHALL CONTROL THE DESIGN AND DEVELOPMENT
OF THE MARITIME PARK, SAID BOARD COMPRISED OF TWO CITY
COMMISSIONERS AND ONE MEMBER ELECTED BY THE FOUR COMMISSION
MEMBERS;
*COUNTY WILL SAVE AND HOLD HARMLESS THE CITY FROM ANY
LAWSUITS WHICH MAY OCCUR BY VIRTUE OF THE COUNTY'S SOLE
DECISION AND EFFORTS TO CONSTRUCT A NEW ARENA;
FURTHER INSTRUCTING THE MANAGER TO DELIVER SAID DOCUMENT TO
APPROPRIATE DADE COUNTY OFFICIALS BY TOMORROW MORNING, JUNE
10, 1997, WITH THE STIPULATION THAT METRO-DADE COUNTY HAS UNTIL
MONDAY, JUNE 16, 1997 AT S P.M. TO CONSIDER SAID OFFER; IF METRO-
DADE COUNTY ACCEPTS THE ABOVE CITED TERMS AND CONDITIONS,
THEN DESIGNATED CITY REPRESENTATIVES SHALL SIT DOWN WITH
OFFICIALS FROM THE COUNTY REGARDING SAID NEGOTIABLE OFFER.
182 June 9, 1997
4
ace r
Upon being seconded by Commissioner , the motion was passed and adopted by the
following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Commissioner Plummer: Chicken.
Mr. Marquez: Mr. Mayor, I... This is purely a policy item if the City Commission wants to give
them until Friday to five o'clock, that's fine. But, I do want to put it on the record that this is...
It may take them a little while to digest. However, we...
Commissioner Plummer: Come on. Come on, please.
Mr. Marquez: All right, I would...
Commissioner Plummer: I mean, how much longer...? How many times have we sent to them, I
mean they do read newspapers, they do listen to the radio and they do hear TV. We have never
deviated from the hundred and twenty-one million dollars ($121,000,000). Never once. Maybe,
some of the items.
Mayor Carollo: Yeah, they have had this for quite a few days now, we have been discussing it
with them. Our answer was this appraisal that, you know, we discussed that already.
Commissioner Plummer: I want to be... wait a minute, Joe, I want to be benevolent. Monday at
five o'clock. Let them think about it over the weekend and let them hit them with a few
editorials.
Mayor Carollo: Well...
Commissioner Plummer: Monday at five. I'll be benevolent.
Mayor Carollo: I guarantee you that editorials will be flying both ways, Commissioner.
Commissioner Plummer: Mr. Mayor, there is no question in my mind that that's what they are
predicating on...
Mayor Carollo: Of course.
Commissioner Plummer: ... that we are going to get horse whipped with editorials and that we
are going to give in. Well, guess, what? The fish just came home to roost. I am on a diet, I
can't eat chicken.
Mayor Carollo: Well, I'm still trying to figure that one out, but... Call the roll?
Mr. Walter J. Foeman: Commissioner Plummer.
183
June 9, 1997
Commissioner Plummer: You bet your hippy.
Mayor Carollo: Let me in voting say the following. This hurts me to have to take this vote here
today. We have had no choice. I have tried to, following the instructions of the Commission
handle this in a different manner that would have been much more productive. You can't sit
down and talk to people when they don't want to talk.
Commissioner Plummer: No, when they want to talk a language that you don't know.
Mayor Carollo: Or, as Commissioner Plummer stated, they want to talk a language only they
know. But, the bottom line is, it does hurt me a lot because I truly would want to find a way of
making this happen for the City and the County to work together, you know, from first date last
year. I was up front, not pushing other in the front to take the hit while I stayed in the back. I
went to the front lines and I took the hits and I worked very hard to make this a reality. But, I
have to defend the best interest of my City, of the residents of Miami and I have to vote together
with my colleagues. The easiest thing for me to have done was to cut and run, you know, let my
colleagues take the heat and for me to try to be the good guy in this whole thing. That's not what
I am about. Whatever the consequences are, I have been willing to take them, like I told one
person that was negotiating and I am still willing to take it. I know that the line is drawn in the
sand and there is going to be a lot more tax (phonetic) coming my way, a lot more ABCs. But, at
the end NBC (National Broadcasting Corporation) is going to be the network that's going to win.
I vote, yes.
Commissioner Plummer: Mr. Mayor, I would like to make a motion that in lieu of a positive
response that the Manager be instructed on Tuesday morning at eight a.m., to start an RFP
(Request for Proposal) process for the use, the highest and best use of that property. I so move.
Mayor Carollo: There is a motion to reinforce the RFP request that has been previously been
made by this Commission to the administration. Is there a second?
Commissioner Plummer: Well, OK, I tried.
Mayor Carollo: Well, the RFP request, that's been a motion that's been approved already.
Commissioner Plummer: Well, I just wanted to reiterate, Mr. Mayor, that we mean business.
That's what I am trying to do. That we mean business.
Mayor Carollo: That's been asked of the administration. The administration has said that the
earliest that they come back with that was September. Is there any change of heart from any
members of the Commission that they do not want to go forward with an RFP? And, by us
saying that we do not that means we want the property to basically just sit there like it is.
Commissioner Plummer: No, that's not... Let me... Mr. Mayor, that's not what I am saying.
Mayor Carollo: No, of course not.
Commissioner Plummer: I still believe that the City should consider going into the cruise port
business. It is a proven factor that it is a revenue source. And, I am sure that we could get a lot
of interest of companies. Mr. Mayor, we know there are nine new boats coming into Dade
County in the next three years. They have no place to go in Dade County.
Mayor Carollo: Well...
184 June 9, 1997
41
i' iA47
a
Commissioner Plummer: And, if they don't get a space of expanding of the port, they are going
to Broward County.
Mayor Carollo: Commissioner, I hate to get into that topic but it might not be as many as you
have been led to believe and there might be more room in other areas than we have also been led
to believe.
Commissioner Plummer: That's in reference to cargo, I think, rather than passengers.
Mayor Carollo: Well, no, I am not talking about cargo.
Commissioner Plummer: Well...
Mayor Carollo: But, the bottom line is, whether that use is the one that could bring the City
funds or many other uses, there is a tremendous potential for the City of Miami to make a
substantial amount of dollars in recurring revenue in the future for this property. There is not a
single downtown, anywhere in the world, not just our country. There is not a single downtown
in a major City anywhere in the world that has 60 acres left of prime waterfront land right snack
in the middle of downtown in one of the most beautiful cities in the world with one of the best
climates anywhere in the world, like we have in Miami.
Commissioner Plummer: That's right.
Mayor Carollo: This property really has... You can't put a value on this property. This
property...
Commissioner Plummer: We have.
Mayor Carollo: ... you can't duplicate it. No one else has that anywhere in the United States or
anywhere else in the world. So, by us putting out an RFP that would be very wide in its request
for this property, I guarantee you, we are going to have from one end of the country to the other,
from different continents, people presenting plans to us to try to bid on this piece of property.
Again, I wish that this would not have come to this because I really felt maybe even at this old
age, I am still naive at times in trying to believe that things could finally be accomplished in
working together. But, I have tried and I am not going to go off on my own, be the Trojan horse
for anybody and sell none, not only my colleagues down the tube but the residents of this City. I
am going to do what's best for the residents of Miami and if at the end people can't see that or
appreciate that, so be it. But, I don't think that's the case.
Commissioner Plummer: I'll withdraw my motion.
Mayor Carollo: The motion is there already. There is really no need to be repetitious.
Commissioner Plummer: Get out the paint and make the "For Sale" sign. Are we ready to go to
the next item?
Mayor Carollo: Any further statements on this subject by members of the Commission?
Commissioner Plummer: On a roll call, we had the roll call.
Mayor Carollo: OK. This is a 5-0 vote.
Commissioner Plummer: Yeah.
185 June 9, 1997
Mayor Carollo: Yes.
-------------------------- -------------- ------------------------------------------------------------------------
60. CITY COMMISSION CONGRATULATES MIAMI HEAT FOR REACHING
EASTERN CONFERENCE FINALS.
Commissioner Plummer: You know what we should do, Mr. Mayor, we haven't done? We
should send a letter or we should send the official word, Mr. Manager, of this City Commission,
that even though the Heat was steamed rolled by a stampede of Bulls that we were proud of what
they did and the honor that they brought to this community and I think we should send a
congratulation message to the Miami Heat that we were proud that they carried our name to at
least the finals and we wish them, hopefully, that they will do better in the coming year, and I so
move.
Mayor Carollo: There is a motion. There is a second, signify by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-409
A MOTION INSTRUCTING THE CITY MANAGER TO SEND OFFICIAL
NOTIFICATION FROM THE CITY COMMISSION TO THE MIAMI HEAT
CONGRATULATING THE TEAM FOR BRINGING HONOR TO THE CITY OF
MIAMI IN REACHING THE EASTERN CONFERENCE FINALS OF THE
NATIONAL BASKETBALL ASSOCIATION AND HOPING THE HEAT WILL DO
EVEN BETTER IN THE FUTURE.
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.
i
186 June 9, 1997
wisvA
-------------------------- --- --- - - -- - ----- - - -- ----- - - -------- --- ------ -- - -- --- -- -- --- ----- - --------------- --- ---
61. DISCUSSION OF RULES OF PROCEDURES DURING COMMISSION
MEETINGS -- SEE LABEL 41.
Mayor Carollo: OK, what else do we have left on this agenda?
Commissioner Plummer: We have got Firehouse.
Mayor Carollo: If...
Commissioner Gort: We have people back here that have been waiting for nominations to the
committee, for the HOPWA (Housing Opportunities for People with Aids) Committee. To the
HOPWA Board.
Mayor Carollo: OK, we need to do this now.
Commissioner Plummer: I have got...
Mayor Carollo: While we are looking for the different people to that board. If I may bring to
this Commission and to my colleagues and bring this up for your consideration, if I can. I think
we need to establish a guideline of limiting ourselves to one pocket item per meeting, leaving it
towards the end of the meeting and really making sure that this pocket item, is a real emergency,
that it can't wait until the next meeting. And, if the administration has some... given the
administration has two pocket items with the same guidelines. I think that would serve the
public purpose a lot better if we would do that. And, it's with the concurrence of this
Commission, I would like to start with that for the next meeting.
Commissioner Plummer: You are saying one pocket item per Commissioner, per meeting?
Mayor Carollo: One pocket item per Commissioner per meeting. Two for the administration but
they must be true emergencies.
Commissioner Plummer: And, they have to come up after the end of the agenda?
Mayor Carollo: After the end of the agenda.
Commissioner Plummer: All right.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor.
Commissioner Plummer: And any... let me go one step further. Any item not on the agenda
likewise cannot come up until after the agenda is completed?
Mayor Carollo: That's correct. Likewise.
Commissioner Plummer: OK. This also goes with the policy, Mr. Manager, that there cannot be
more than 60 items on an agenda. Let's also go back to the policy that says that at noon the last
speaker is the last speaker.
Mayor Carollo: For the last item or...?
187 June9, 1997
ri
Commissioner Plummer: No.
Mayor Carollo: The last speaker?
Commissioner Plummer: At nine o'clock, the last item is the last item.
Mayor Carollo: OK.
Commissioner Plummer: But at noon, at twelve noon...
Mayor Carollo: The last speaker.
Commissioner Plummer: ... the last speaker is the last speaker. And at nine p.m. the last item is
the last item.
Mayor Carollo: That's fine.
Commissioner Plummer: And, that's fine with me.
Mr. Jones: Mr. Mayor, do you want to pose this as an amendment to the existing procedure?
Because, there is already the procedure in place now which hasn't been followed as to pockets.
Mayor Carollo: Well, would you like to make that as an amendment, Commissioner?
Mr. Jones: And, I'll bring it back...
Commissioner Plummer: Whatever you want to do, you know. Hey, pocket items only do is
extend the meeting. And, then a lot of people take advantage of pocket items. And, as far as I
am concerned, I just assume eliminate pocket items. Let's... excuse me. I'll tell you what, I'll
go zero pocket items only if they are dealing with the ones put forth by the administration.
Mayor Carollo: Yeah, what the City Attorney has indicated basically is, that he will come back
with an ordinance to that effect so that this Commission can vote on it at the next meeting.
Commissioner Plummer: You know we also had another policy, I'll hope we will go back to.
And, that is, that no person can come before this Commission on a personal item or a discussion
item without first a review with the City Manager. And, this item...
Mayor Carollo: I thought that was still a policy that we were adhering to.
Commissioner Plummer: Well, we are still having people come up here that the Manager
doesn't know what they are talking about, all right?
Mayor Carollo: That should be part of...
Commissioner Plummer: Absolutely, that should be a part of the standing policy of this
Commission. And, whatever you take whether it's changing the ordinance or whatever it is, Mr.
Mayor, I will... Oh, one other policy we had. And, if these were all policies that good for the
City, that any item of consent agenda that was to be in any way pulled automatically was put
over to the next agenda as a regular agenda item.
Mayor Carollo: That's correct.
188
June 9, 1997
Commissioner Plummer: OK. Now, Mr. Mayor, I am willing to go no pocket items for this
Commissioner if the rest do the same. Only pocket items brought up by the administration of
dire emergency.
Mayor Carollo: Ten after three. I won't have no problem with that.
Commissioner Plummer: After three?
Mayor Carollo: Yeah, well, they would have three.
Commissioner Plummer: Well, Mr. Mayor, I wouldn't want to limit them if it's a dire true
emergency, I wouldn't want to limit them to three or four or five, if it's an emergency. If it's not
an emergency then make it, I'll tell you what. Make it that it must be voted on by at least three
members of this Commission to be approved to be brought up.
Mayor Carollo: That's fine, if...
Commissioner Plummer: Whatever you want to do. I... Whatever...
Mayor Carollo: I just want the administration to know that this is something that means what we
say "emergency" and not...
Commissioner Plummer: Well, let's...
Mayor Carollo: ... something to be taken advantage of.
Commissioner Plummer: Let's try what you said from the beginning. One per Commissioner,
per meeting and two by the administration.
Mayor Carollo: OK.
Commissioner Plummer: But, they must be solely emergency items. Let's try that on for size.
If it don't work then we'll go to change it again.
Mayor Carollo: All right, Mr. City Attorney, if you could bring that back to us, we would
appreciate it.
Commissioner Plummer: You know, because let me just for the record, I have got one pocket
item. It's not mine. This is a pocket item of the administration who asked me to bring it up. So,
I mean, you know, it doesn't hurt my feelings if you want to put me at zero, let them bring it up.
Mayor Carollo: Well, you see, this is why I made a statement that I did because that happens all
too many times.
Commissioner Plummer: I am ready to go to dinner.
Mayor Carollo: The administration gives us items, right Capt.?
189 June 9, 1997
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62. (A) APPOINT YVONNE EDWARDS, HELENITA FERNANDEZ TO
HOPWA BOARD.
(B) APPOINT ANDREW L. CHERRY, MANUEL RICO, JR., TO
HOPWA REVIEW COMMITTEE.
----------------------------------------------------------------------------------------------------------------
Commissioner Gort: Mr. Mayor, I have a young lady who has been waiting here all morning to
be nominated to the HOPWA (Housing Opportunities for People with Aids) and I would like to
do so at this time.
Commissioner Plummer: Do it.
Mayor Carollo: Go ahead, sir.
Commissioner Gort: Yvonne W. Edwards.
Commissioner Plummer: Mr. Mayor, there are two... each of us have to nominate two, one to
the HOPWA board and one to the evaluation committee.
Commissioner Gort: This is the HOPWA board.
Commissioner Plummer: OK, I would suggest of the urgency since I do not have my names
today, that the City Commission allow each one of us to make those appointments by simply
informing the Clerk.
Mayor Carollo: OK.
Commissioner Plummer: I have that confidence in my colleagues and I hope they would have it
in me.
Commissioner Gort: J.L., if you would give me a chance to name mine.
Mayor Carollo: Are you saying on this one here, right?
Commissioner Plummer: On the HOPWA board and the HOPWA selection committee...
Mayor Carollo: Yeah.
Commissioner Plummer: ... that we be... have the right to make those appointments in the next
two or three days by directly reporting them...
Mayor Carollo: I would go along with that Commissioner, on those appointments. That will be
fine.
Commissioner Plummer: ... to the Clerk.
Commissioner Gort: Next time please don't go to lunch the same time we went today, the same
place. Appointment for the HOPWA review committee, I have Andrew L. Cherry, OK.
Mr. Paul Eisenhart: I am sorry, could you repeat that Commissioner?
190 June 9, 1997
4
Commissioner Plummer: The name.
Commissioner Gort: Andrew L. Cherry. You have got the information here. And, for the
board, Yvonne W. Edwards.
Commissioner Plummer: Mr. Mayor, the rest of my appointments to the boards I would like to
defer until the next meeting.
Vice Mayor Regalado: I have two appointments.
Mayor Carollo: I will defer mine also, Commissioner, and give them to the Clerk. Hopefully,
we could do it by tomorrow.
Vice Mayor Regalado: I am ready to make the two appointments. Mr. City Clerk, for the
HOPWA board, Helenita Fernandez and for the committees, the election committee, Manuel
Rico, Jr.
Mr. Eisenhart: I am sorry, could I have the second name again, please?
Vice Mayor Regalado: Sorry.
Mr. Eisenhart: The appointment to the RFP review committee.
Vice Mayor Regalado: Manuel Rico (R-I-C-O), Jr.
Commissioner Plummer: Any other appointments?
Commissioner Gort: No. Move it.
Commissioner Plummer: Move the names proferred be accepted.
Mayor Carollo: There is a motion by Commissioner Plummer.
Commissioner Hernandez: Second.
Mayor Carollo: There is a second by Commissioner Hernandez. All in favor signify by saying
"aye."
The Commission (Collectively): Aye.
191 June 9, 1997
n^�
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.97-410
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
(HOPWA) ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-410.1
A MOTION APPOINTING THE FOLLOWING MEMBERS TO THE SELECTION
REVIEW COMMITTEE TO EVALUATE PROPOSALS FOR AFFORDABLE
RENTAL HOUSING FOR INDIVIDUALS WHO LIVE WITH HIV/AIDS:
ANDREW L. CHERRY (Nominated by Commissioner Gort)
MANUEL RICO, JR. (Nominated by Vice Mayor Regalado)
FURTHER STIPULATING THAT MAYOR CAROLLO AND COMMISSIONER
PLUMMER, WHOSE APPOINTMENTS ARE STILL OUTSTANDING, MAY
SUBMIT THE NAMES OF THEIR APPOINTEES IN WRITING TO THE CITY
CLERK.
(Note for the Record: R-96-798, passed on October 23, 1996, had previously made
certain appointments to the selection review committee for rental housing for individuals
who lives with HIV/AIDS.)
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.
192
June 9, 1997
119ky�
----------------------------------------------------'-----------------------------`------------------------------
63. (A) DISCUSSION REGARDING NEED TO REVIEW PROCEDURES
THAT AWARD STARS IN CALLE OCHO.
(B) COMMENTS REGARDING SHAKE-A-LEG'S EXECUTIVE
DIRECTOR'S SALARY.
Commissioner Plummer: Mr. Mayor, should we be concerned... this has nothing to do with
appointments. Should we be concerned of a document, I think we all read, about the Stars of
Calle Ocho?
Mayor Carollo: Well, I think it's something the administration should certainly look into it.
Commissioner Plummer: Mr. Manager, are you looking into that in which there was a so called
demand or request of a so called recipient that the matter was going to have to be cancelled
because of the five thousand dollars ($5,000) deficit and they were asking him to come up with
the money? Did you receive a copy of that letter?
Mr. Edward Marquez (City Manager): No, sir.
Commissioner Plummer: Didn't all of you?
Commissioner Gort: No.
Commissioner Plummer: You didn't receive that letter?
Vice Mayor Regalado: I did not, but I know of what you are talking about and it's some
questions regarding the Stars of Calle Ocho.
Commissioner Plummer: Which of the persons was it, the star that was involved? Do you
remember the name?
Vice Mayor Regalado: I don't remember the name, no.
Commissioner Plummer: I think we can find the letter for you. And, also should we be
concerned about a letter which we received in reference to Shake -A -Leg. Did you all receive
that letter?
Commissioner Gort: No.
Vice Mayor Regalado: No.
Commissioner Plummer: That the director of Shake -A -Leg is making in excess of eighty
thousand dollars ($80,000) a year out of the program. I think we need to know the facts.
Commissioner Gort: Why?
Commissioner Plummer: OK? We are giving everything free of charge. And, if there is one
individual there that's making eighty thousand dollars ($80,000), that's a lot of money to run that
program. So, I think we need to know that. Well, let's get the facts.
193 June 9, 1997
Commissioner Gort: Fine.
---------------------------------------------------------------------------------------------------------------
64. FIREHOUSE FOUR LLC ADDITIONAL 30 DAYS TO COMPLY WITH
TERMS AND CONDITIONS OF LEASE AGREEMENT FOR
ARRANGEMENT AND OPERATION OF RESTAURANT ON CITY -OWNED
PROPERTY AT 1000 SOUTH MIAMI AVENUE.
Commissioner Plummer: What else? Are we into pockets, now?
Commissioner Gort: I got a pocket item.
Vice Mayor Regalado: I... I got...
Commissioner Plummer: Well, let me do the administration's first. A resolution with
attachments granting Firehouse Four, LLC an additional 30 days to comply with the terms and
conditions of the lease agreement between the City of Miami and Firehouse Four, LLC, dated
April 24, 1997, said deadline to be no later than July 9, 1997; authorizing the City Manager to
execute the necessary documents in substantially the attached form to evidence this extension, I
so move.
Mr. Carlos Alamilla: I object.
Commissioner Plummer: Well, you have that right. But, can I get a second before you object?
Mr. Alamilla: No.
Commissioner Plummer: No. Is there?
Mr. Alamilla: No. I object for various reasons.
Commissioner Gort: I'll second for discussion.
Commissioner Plummer: OK, now we can discuss it.
Mr. Alamilla: Thank you.
Commissioner Plummer: Go ahead and object.
Mr. Alamilla: On January the 16th, 1997...
Commissioner Plummer: We'd sure like to know who the objector is and what your mailing
address is.
Mr. Alamilla: Carlos Alamilla from Alamilla and Associates. I'm a second bidder on the
Firehouse.
Commissioner Plummer: And your mailing address, sir?
Mr. Alamilla: 3191 Coral Way, Suite 406, Miami, Florida.
194 June 9, 1997
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Commissioner Plummer: Congratulations for being a smart man of having your office in the
j City of Miami.
i
Mr. Alamilla: Thank you. On January 16, 1997, this Commission made a move and approved
the negotiation of the lease with the Firehouse with Firehouse LLC and its leader, Kimberly
Driscoll. At that time, they were given until March 3, 1997 as a deadline to sign the lease. That
lease was not signed until April 24, 1997. It was executed but no monies were given to the City
of Miami. And, after this date, no monies have been given to the City of Miami. From there...
At that time the... From March 3, 1997, which was the deadline for the signing of the lease, she
had 90 days to open the restaurant which she has not contributed a penny, nor opened, nor make
any fixtures or improvements to the building. So, therefore, I object to giving her any more time
because she has not produced any monies or has made any effort at all after signing a release
which was already delayed and it's in default already, you know, towards the City of Miami.
And, we are willing to enter into negotiations with the City of Miami and have been at all times.
Any questions from the...?
Commissioner Plummer: No, we have noted your objections and I call the questions.
Commissioner Gort: Let's here from staff.
Mayor Carollo: Can we hear from staff?
Commissioner Plummer: Oh, I thought the motion was self-explanatory.
Mr. Jack L. Luft (Director, Planning and Development): We have asked the proposer to sign a
letter agreeing that if... within 30 days they do not perform precisely as the lease has stipulated...
Commissioner Plummer: That's in the motion.
Mr. Luft: ... they would waive and hold harmless and this would be the end of it. And, we
would notify, through this motion the number two proposer to begin preparing their financial
materials to prove their capability to move forward at that time.
Commissioner Plummer: That's fine.
Commissioner Gort: Let me ask you a question now because we have it. I don't know if the
gentleman had an opportunity to read the recommendation from staff and the Law Department
advises the City Commission might use discretion to determine whether or not it's in the best
interest of the City to grandfather us for the additional time to secure alternative funds. If we
might not do that, they... that person can go ahead and take us to court and hold this for as long
as they want, and you know our court and judicial system. I'm ready to do it if you have an
amendment to your motion that if in 30 days the individual, Firehouse Four, LLC lease cannot
come with the agreement, then automatically, staff will start negotiating with the second...
Mr. Luft: Yes. Right.
Mayor Carollo: Have they been given the opportunity to meet the requirements that you've
asked of the proposer?
Commissioner Hernandez: Well...
Mr. Luft: Pardon?
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Commissioner Plummer: It's called financing.
Mr. Luft: We have an executed lease at this time. The lease has not been performed.
Performance has not taken place. We would have to terminate that lease legally before we could
begin negotiations with a second bidder.
Mayor Carollo: Yeah, I understand but...
Mr. Luft: OK.
Mayor Carollo: ... I was just wondering if there were any conversations that had been...
Mr. Luft: No.
Mayor Carollo: OK.
Commissioner Plummer: There is no executed lease without a monetary consideration.
Mr. Luft: Yeah.
Mr. Alamilla: She executed a lease but there was no monetary...
Commissioner Plummer: I hear you.
Mr. Luft: Yes, yes.
Ms. Alamilla: So she's in default of the lease.
Commissioner Plummer: I hear you say that also but we're granting them an extension of time.
Mr. Alamilla: Why? Why the favoritism?
Commissioner Plummer: For the purpose of simply trying to get the best deal for the City that
we can. This number two man who is a very dear friend of mine for many, many years, did not
come up anywhere near the same equation as what was in this particular case. If in fact...
Mr. Alamilla: But she defaulted on the lease, Commissioner.
Commissioner Plummer: Sir, we have the right to grant an extension, if we wish. And, if she
can't come up with it in 30 days and your gentleman would like to come back and talk again, so
be it.
Mr. Alamilla: So, you really are playing favorites then? You are.
Commissioner Plummer: No. Yes, we are playing favorites and our favorite is the City of
Miami and getting the best deal we can for the City.
Mr. Alamilla: I disagree with you. I think...
Commissioner Plummer: Well, that's your right.
Mr. Alamilla: I think we have complied with all the requirements that the City has stated and
she hasn't.
196 June 9, 1997
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Commissioner Plummer: Well, the other... Excuse me. The other alternative is very simple.
We throw out the bids and start all over again.
Mr. Alamilla: You don't have to throw out the bid.
Commissioner Plummer: Oh, oh. Now, you want me to play favorites with you.
Mr. Alamilla: No, not favorites. I'm in second place. I'm a second bidder. She hasn't
complied with the requirements.
Commissioner Plummer: Sir...
Mr. Alamilla: So, consequently I'm the next... I'm the next step here.
Commissioner Plummer: All right, OK. All right.
Mayor Carollo: Mr. City Attorney?
Mr. A. Quinn Jones, III, Esq. (City Attorney): Yes.
Mayor Carollo: Are we following proper legal procedure in the steps that we're taking?
Mr. Jones: Oh, absolutely. And, yeah. I'll just leave it at that.
Mayor Carollo: All right. Thank you. Any further statements on this from the administration?
Vice Mayor Regalado: So... My question is, what happens in 30 days?
Mr. Luft: In 30 days, by virtue of the agreement the proposer has signed, this lease is null and
void.
Vice Mayor Regalado: Yeah, I know that.
Mr. Luft: It is terminated and we begin...
Vice Mayor Regalado: But, in terms of amount?
Mr. Luft: We would begin...
Vice Mayor Regalado: In terms of amount of money?
Mr. Luft: We would begin negotiations with the second bidder based upon the approved terms
of the...
Commissioner Plummer: Don't make statements you can't backup. We will do one of two
things.
Mr. Luft: OK.
Commissioner Plummer: We will either start negotiations with the second bidder or we will
throw out the bids...
Mr. Luft: Yes.
197 June 9, 1997
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Commissioner Plummer:... which we always reserve the right to do. So don't say exactly what
we're going to do.
Mr. Luft: Well, OK.
Mr. Alamilla: You know, Commissioner, today you stated and I quote you. "I hate to delay a
revenue producer."
Commissioner Plummer: That's right.
Mr. Alamilla: And, now you're delaying it. OK, we've been ready. We've been willing, ready
and able to do this for a long time. And, you know, and you chose someone that has not
complied with the requirements and someone that has not produced, you know.
Commissioner Plummer: Mr. Manager?
Mayor Carollo: If I may, Commissioner?
Commissioner Plummer: Let's, now, let's lay it on top of the table. Did you not have a problem
with the second bidder? The reason they were not the first bidder was because of their financial
package?
Mr. Alamilla: Not mine.
Commissioner Plummer: Oh, excuse me.
Mr. Luft: Yes, the...
Commissioner Plummer: Thank you.
Mr. Alamilla: Not mine.
Mayor Carollo: Jack, if I may ask her to come up?
Mr. Alamilla: No, I was not the second one.
Mayor Carollo: If, I may ask her to come up for a minute Jack? I need to ask her a question on
the record. Ma'am, can you state your name and address for the record?
Ms. Kimberly Driscoll: Kimberly Driscoll at 2880 Tennis Club Drive at West Palm Beach.
Mayor Carollo: OK. Kimberly, do you understand that if in 30 days you don't come up with our
requirements that you waive fully any of your rights, and they're null and void?
Ms. Driscoll: Absolutely. After 30 days, I'll relinquish all my rights.
Mayor Carollo: OK. Thank you. All right, do we... Call the roll please?
198 June 9, 1997
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N
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.97-411
A RESOLUTION, WITH ATTACHMENT, GRANTING FIREHOUSE FOU LLC AN
ADDITIONAL THIRTY (3) DAYS TO COMPLY WITH THE TERMS AND
CONDITIONS OF THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI
AND FIREHOUSE FOUR LLC, DATED APRIL 24, 1997, SAID DEADLINE TO BE
NO LATER THAN JULY 9, 1997; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENT(S), IN SUBSTANTIALLY THE
ATTACHED FORM, TO EVIDENCE THIS EXTENSION.
(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:
NAYS:
ABSENT:
Mayor Carollo: OK, it's passed.
Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Mayor Joe Carollo
Vice Mayor Tomas Regalado
Commissioner Humberto Hernandez
None.
----------------------------------------------------------------------------------------------------------
65. CONTINUED -- APPROVE SALE OF TRACT 3 TO OFF-STREET PARKING
(MIAMI RIVERSIDE CENTER) FOR $2,436,066.15 -- FURTHER CONVEY
LEGAL TITLE OF LOT 10 TO DOSP -- FURTHER APPROVING
ENGAGEMENT OF HOLLAND & KNIGHT BY DOSP TO REPRESENT
THEM -- SEE LABEL 7D.
Vice Mayor Regalado: I have a pocket item here.
Commissioner Gort: I have got a pocket item here.
Commissioner Hernandez: I have got a pocket item, too.
Mayor Carollo: Well...
Commissioner Plummer: No, Mayor says, no pocket item.
Mayor Carollo: The last meeting. I said this is the last one they could do this.
Commissioner Plummer: Oh, oh, oh.
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Mayor Carollo: I didn't want to hit you guys by surprise.
Commissioner Gort: This one is two point three five million dollars ($2,350,000).
Commissioner Hernandez: Go ahead, Willy.
Commissioner Plummer: I'll be right back.
Commissioner Gort: You all have a copy of this. It's the Commission meeting dated the.. it's
to sell the track to the Off-street Parking Authority. As I understand it, it's time sensitive, that
the sale must occur before June 20, 1997. An addition of this sale is incorporated into the five
year plan. (phonetic). We have got the appraisal value and the...
Mayor Carollo: What is this about, Willy, I am sorry?
Mr. Jack Luft (Director of Planning and Development): This is the Parking Authority sale of
property.
Commissioner Gort: This is the pocket item from the...
Mayor Carollo: OK, this is the one that they are paying us?
Commissioner Gort: Right.
Mayor Carollo: OK.
Commissioner Gort: And, if they sell Lot-10, then we get...
Mayor Carollo: Is the administration OK with that?
Mr. Luft: Yes.
Mayor Carollo: OK. All right. There is a motion.
Commissioner Hernandez: Second.
Mayor Carollo: There is a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
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June 9, 1997
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-412
A RESOLUTION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S
SALE, TO THE DEPARTMENT OF OFF-STREET PARKING (DOSP), OF TRACT 3
OF THE PROPERTY KNOWN AS THE MIAMI RIVERSIDE CENTER ("MRC"), AS
DESCRIBED IN EXHIBIT "A" TO THE CONTRACT ATTACHED HERETO AS
EXHIBIT "1", FOR THE PURCHASE PRICE OF $2,436,066.15; FURTHER
APPROVING THE CITY'S CONVEYANCE TO DOSP OF LEGAL TITLE TO A
CERTAIN PARCEL OF LAND COMMONLY KNOWN AS LOT 10, AS DESCRIBED
IN EXHIBIT "B" TO THE CONTRACT ATTACHED HERETO AS EXHIBIT "1";
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY AND DOSP, IN SUBSTANTIALLY THE ATTACHED FORM,
TO EVIDENCE THE SALE AND CONVEYANCE OF THE HEREINBELOW
DESCRIBED PROPERTIES; APPROVING THE ENGAGEMENT OF THE LAW
FIRM OF HOLLAND & KNIGHT BY THE BOARD OF DIRECTORS OF DOSP TO
REPRESENT THEIR INTERESTS IN THIS TRANSACTION.
(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 Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT:
Commissioner J.L. Plummer, Jr.
----------------------------------------------------------------------------------------------------------------
66. OFFICIAL APPEAL TO UNITED STATES IMMIGRATION AND
NATURALIZATION SERVICE TO STOP IRREGULARITIES IN ARREST OF
NICARAGUANS -- REQUEST THAT PABLO VANEGAS BE
TRANSFERRED FROM PENSACOLA DETENTION CENTER BACK TO
KROME TO END HUNGER STRIKE.
Vice Mayor Regalado: Mr. Mayor, members of the Commission, I have a pocket item. It deals
with the situation of the Nicaraguan community here in Miami. There is a hunger strike going
on now in a park here, in the City of Miami in Flagler and 17th Avenue because of Mr. Pablo
Vanegas being transferred from Krome Detention Center to Pensacola with common criminals.
The Nicaraguan community is asking the INS (Immigration and Naturalization Services) to bring
back Mr. Vanegas and stop sending people to Krome. This Commission, I wish that it will vote
in favor or stating on the record and appealing to the United States Immigration and
Naturalization Service to stop the irregularities and the arrest of Nicaraguans and ask that Pablo
Vanegas be transferred from the Pensacola Detention Center back to the Krome Detention
201
June 9, 1997
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Center. That is, basically the pocket item. It has to do with an urgent situation in the Nicaraguan
community. So, this is a motion.
Commissioner Hernandez: I second it.
Vice Mayor Regalado: OK.
Mayor Carollo: There is a motion, there is a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
The following resolution was introduced by Vice Mayor Regalado, who moved its adoption:
RESOLUTION NO.97-413
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING Tt- * UNITED
STATES IMMIGRATION AND NATURALIZATION SERVICE ("INS") TO ABIDE
BY ALL PROCEDURES THAT ARE LEGAL AND PROPER WHEN ARRESTING
NICARAGUAN INDIVIDUALS; FURTHER URGING THE TRANSFER OF INS
DETAINEE PABLO VANEGAS FROM THE PENSACOLA DETENTION CENTER
TO THE KROME DETENTION CENTER, SO THAT THE NICARAGUAN
LEADERS TAKING PART IN A HUNGER STRIKE WILL END SAID HUNGER
STRIKE; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF
THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
M
202 June 9, 1997
too
----------------------------------------------------------------------------------------------------------------
67. DISCUSS EXTENDING CONTRACT WITH FORTUNE INTERNATIONAL
REALTY REGARDING ST. HUGH OAKS VILLAGE -- SEE LABEL 69.
Commissioner Hernandez: Mr. Mayor.
Mayor Carollo: Commissioner.
Commissioner Hernandez: I have one pocket item with reference to St. Hugh Oaks Village, an
extension of an agreement, listing agreement with Fortune International Realty and its realtor,
Rosie Cancela.
Mayor Carollo: Sure.
Commissioner Hernandez: ... on July the 3rd 1997. That agreement will expire...
Mayor Carollo: Right.
Commissioner Hernandez: ... and I am making a motion that we...
Mayor Carollo: OK.
Commissioner Hernandez: ... extend this agreement for another full year with Fortune
International and Rosie Cancela.
Mayor Carollo: Discussion. It might be in the best interest of the City of Miami to extend this
with this particular real estate company because of the time that they invested in it. They know
the property now better than most of the other realtors. However, I don't want for this
Commission to be accused by any other real estate agency of having done it for other reasons. I
have stated one of the reasons why I might vote favorable for it. I have to be practical and look
for what's, at this point in time, what's in the best interest of the City of Miami. Not what
happened in the past but what's happening now and what's going to happen with that property. I
would like to have the administration give us a recommendation. I don't know if you are
prepared to do it now, or if not, to give it to us at the next meeting.
Mr. Aaron Weeks (Chief-of-Statt): OK. Commissioner, a process that we put in place is that for
all of the professional service agreements as per the Stierheim plan and also as per the
recommendations of the State Oversight Board that review procurement and also the KPMG
Management letter that we have sent, all of the professional service agreements are up for
renewal through procurement in order to have them reviewed and also to provide for the
Manager's recommendation. We would ask that this contract also go through that process. We
can bring it back it back to you at the next Commission meeting.
Mayor Carollo: OK, can you bring it back on the 26th, then?
Mr. Weeks: Yes, we can.
Commissioner Hernandez: Mr. Mayor.
Commissioner Plummer: Well, you know, it's....
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June 9, 1997
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Commissioner Hernandez: There is... Hold on. There is a legal question here, that's my call.
Mayor Carollo: Yeah.
Commissioner Plummer: Let me explain that one to you.
Commissioner Hernandez: Yeah.
Commissioner Plummer: You know, and I want to just lay...
Commissioner Hernandez: That's not true. Please.
Commissioner Plummer: ... the cards right on top of the table because you guys put me on that
thing over there as one of the officers of the St. Hugh Oaks which takes up a little bit more of my
time.
Mayor Carollo: Wait a minute. By the way, you just reminded me...
Commissioner Plummer: You are the chairman and you don't show up.
Mayor Carollo: No, no. I need to talk to you guys about that.
Commissioner Plummer: Yeah.
Mayor Carollo: Someone named me chairman...
Commissioner Plummer: Well...
Mayor Carollo: ... and didn't even ask me if I wanted to be chairman or not.
Commissioner Plummer: Well, that's the reason... That's why, because you didn't show up, we
made you chairman.
Mayor Carollo: That's why I didn't show up because I didn't want to be chairman.
Commissioner Plummer: First and foremost, whoever is responsible I wish to thank on behalf of
this City and the condominiums, Channel 9. They have done a fantastic job of putting
advertising to try to get the City out from an unbelievable burden of 15 units that we are paying
so much money each month on. Now, Mr. Manager, this lady has struggled with this thing for
the past year, and not because of anything she has done or not done, has not been able... There is
nobody that knows this project at all, but her. She has sold four units, I think, in the last...
Mayor Carollo: No.
Commissioner Plummer: ... two...
Mayor Carollo: It will be six...
Commissioner Hernandez: Six.
Mayor Carollo: ... today and I believe seven in the next week or two.
Commissioner Plummer: OK, whatever it is, all right. And, I think that it would be absolutely
unfair to go to anybody else, OK? So, all I am saying...
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Mayor Carollo: That's not...
Commissioner Plummer: ... you want to review it...
Mayor Carollo: ... what the Manager said.
Commissioner Plummer: Well, I'm telling you, this vote here, don't come back with any other
name. Because, this is, as far as I am concerned, she has done a tremendous job for this City
under the same terms and conditions. So, I am saying, you do all the processing and bureaucracy
that you want to do. But, when you come back, my vote is going to be the same, OK? Take it
from there.
' Commissioner Gort: Same here.
Mayor Carollo: Well...
Commissioner Hernandez: I have a question for Quinn, Mr. Mayor?
E Commissioner Plummer: C'est la vie.
i
Commissioner Hernandez: Quinn, if she is to earn up to fifty thousand dollars ($50,000), what
procurement process are we talking about? Isn't...? Do we have to go through any type of
process to extend this contract? She is not going to earn more than fifty thousand dollars
($50,000). It's up to fifty thousand?
Mr. A. Quinn Jones, III, Esq. (City Attorney): Well, I assume in the contract that she had before
that there is a provision for renewal. Without looking at it, I am sure that there is.
Commissioner Hernandez: But, what process are we talking about, that what I...?
Mr. Jones: Well, you wouldn't...
Mr. Weeks: Commissioner, it's not... This is a process that the Manager's office has established
as per the recommendations as I mentioned earlier of the Stierheim plan.
Mr. Edward Marquez (City Manager): Let me try to get to this.
Mr. Jones: Yeah, but there is no procurement process as such. It's a professional agreement.
Commissioner Plummer: Are you telling me that we...?
Mr. Marquez: Let me get to the chase on this. The Oversight Board has to approve any
contracts extensions that we have. We have an internal process with them where we take it up to
them, get it blessed before we even come over here.
Commissioner Gort: That's no problem.
Mayor Carollo: Well, this is what we are talking about, Commissioners. We have to follow a
procedure. I stated what I believe is a fact that at this point in time to change horses it would not
be in the best interest of the City. Now, if it had been a case that no units had been sold or one or
two, but that's not the case. We have to follow procedure, administration has said that.
Commissioner Gort: Well, Mr. Mayor, let me ask you a question.
205 June 9, 1997
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Mayor Carollo: Yes.
Commissioner Gort: Following procedure, can we make a motion, move it subject to approval
of the board? I mean, we can move it to approve it, subject to the approval process.
Commissioner Hernandez: I'll make... I'll second it if you make it, Willy.
Mayor Carollo: Can you give us some guidance on that, Quinn?
Mr. Jones: Yeah, you can approve it. Go ahead and approve it, and just take it before the...
since it has to go before the Oversight Board for their approval.
Mayor Carollo: Yeah, but we are talking about the procedure that the administration has to
follow...
Mr. Jones: You are talking about...
Mayor Carollo: ... based upon the agreement with the Oversight Board, before getting it to them.
Mr. Jones: The procedure says that any contract over forty-five hundred dollars ($4,500) has to
go for the bid not to be substantial, anything in excess of forty-five hundred dollars ($4,500).
Commissioner Plummer: But, what we are saying is, just send this name to the Oversight Board.
Commissioner Gort: That's it.
Mr. Jones: Yeah, that's what I am saying. You go ahead... I am saying go ahead and approve
the extension...
Commissioner Gort: Move it.
Commissioner Hernandez: Second.
Mr. Jones: ... and send it to the Oversight Board for approval. You can do it that way. There is
nothing to prevent you from doing it that way.
Commissioner Plummer: Fine.
Mr. Jones: If that's your wish. I mean, that's how it should be done.
Commissioner Plummer: When is your contract up?
Commissioner Hernandez: July 3rd.
Commissioner Plummer: OK.
Mayor Carollo: Any procedure from the Oversight Board that we agreed to, that we would not
follow if we do it this way, or not?
Mr. Weeks: Well, the Oversight Board has duly indicated that and we provide this now on our
forms that no contract is binding on the City until such time as approved by the Oversight
Board...
206 June 9, 1997
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IMayor Carollo: That's understandable. But, we are not talking about that.
Mr. Jones: Fine, yeah. But...
Mr. Weeks: ... it, if we approve this, contingent upon their approval. I don't think this violates
that.
Mayor Carollo: OK.
�f Mr. Jones: That's exactly what I am saying. It didn't preclude...
Mayor Carollo: Well, that's...
i
Mr. Jones: ... the Commission...
Mayor Carollo: Yeah.
Mr. Jones:... from going ahead and improving it now.
Mayor Carollo: Yeah, that's what I want to make sure of.
Mr. Weeks: But, it... Yeah, the, you know, the general expressed intent is that we not put the
cart before the horse and do that.
Commissioner Plummer: Do we understand each other right now? Right now, you send to the
Oversight Board the name of Rosie Cansella, that this Commission has approved to a one year
extension of her lease.
Mayor Carollo: No, it's not Rosie. It's Fortune Realty International.
I
Commissioner Hernandez: Fortune Realty International.
{ Commissioner Plummer: Fortune Realty, Rosie Cancela, the agent.
I
i Commissioner Hernandez: Fortune International.
Commissioner Plummer: You know, I mean, we finally got this thing moving.
Commissioner Gort: We got it, we got the motion.
i Commissioner Hernandez: Thank you.
Commissioner Plummer: Jesus. We give them until Friday at 5:00 p.m.
Mayor Carollo: You don't want to be generous and do... give them until Monday, eh?
Commissioner Plummer: And, the fish come home to roost.
Mayor Carollo: OK. What else do we need?
Commissioner Plummer: Nothing. Let's go home. Let's go home.
Mr. Weeks: On that issue, that's all, Commissioner.
207 June 9, 1997
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Commissioner Hernandez: We have got to vote on it.
Mayor Carollo: OK, anything else that needs to come before this Commission?
Commissioner Plummer: Oh, wait. You had a pocket item.
Commissioner Hernandez: We got to vote on it.
Mr. Edward Marquez (City Manager): There are two more items left.
Mr. Jones: Did you?
Commissioner Plummer: We took a vote on the extension?
Mr. Jones: Walter?
Commissioner Hernandez: No.
---------------------------------------------------------------------------------------------------------------
68. DISCUSS MIAMI SPORTS AUTHORITY GRANT FOR $250,000 FOR ARTS
IN PUBLIC PLACES MIAMI DESIGN DISTRICT PROGRAM.
Mayor Carollo: No. Excuse me. Yeah, there is a pocket item that the administration wants me
to bring up. It's a resolution that you all will get copies of authorizing the City Manager to
accept two hundred and fifty thousand dollars ($250,000) from the Miami Sports and Exhibition
Authority for the purpose of providing funds to implement an Art in Public Places program in
the Miami Design District located in the City of Miami, Florida.
Commissioner Plummer: Joe, explain that to me because I don't understand.
Mayor Carollo: Well, these are funds that can only be spent in Art for Public Places. The Sports
Authority has a few dollars in the bank left for that. Unfortunately, this is not monies that we
could have just pulled all into the general fund, otherwise we would have done that already.
Commissioner Plummer: No, no. That's not my problem.
Mayor Carollo: Yeah.
Commissioner Plummer: Unless I am mistaken, this has to go to the designated project from
which one and a half percent of construction money comes from.
Mayor Carollo: No, they are following the procedures with the Trust in what they have to do.
Commissioner Plummer: Is there a project in the Design District?
Mr. Jack L. Luft (Director of Planning and Development): It's a public project.
Commissioner Plummer: ...that the one and a half percent applies to?
Mr. Luft: It's a public project on a complete rebuilding of public plazas and roadways in the
Design District. We are entering a design phase now.
208 June 9, 1997
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Commissioner Plummer: Excuse me,
Mayor Carollo: Commissioner.
Commissioner Plummer: Maybe I am wrong and if I am, correct me.
Mayor Carollo: Commissioner, your two sides you wanted in the two historic houses, this is
where your money is coming from. I just wanted to remind you.
Commissioner Plummer: OK. Joe, the only thing I am trying to make a point is that, it is my
understanding that the Art in Public Places has to be on the designated construction site of which
the building one and a half percent kicks in.
Mr. Luft: It has to be on public property. And, this will be.
Commissioner Plummer: OK, if it's legal, that' fine.
Mr. Luft: Yes.
Commissioner Plummer: I have got no problem with it.
Mr. Marquez: One last pocket item from the administration.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Wait a minute. Wait, wait, wait.
Commissioner Plummer: No, no.
Mr. Jones: Walter, was that an emergency ordinance?
Commissioner Plummer: No.
Mayor Carollo: OK.
Commissioner Hernandez: Hold on.
Mr. Jones: Walter, was that an emergency ordinance?
Commissioner Gort: Move it.
Mr. Walter J. Foeman (City Clerk): I don't have it. I don't have a copy of it, Quinn.
209
June 9, 1997
69. RENEW FOR ONE YEAR CONTRACT WITH FORTUNE INTERNATIONAL
REALTY REGARDING SALE OF ST. HUGH OAKS VILLAGE -- SEE
LABEL 67.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: OK, can we do this? Let's vote on Fortune Realty real quickly, There is a
j motion by Plummer, seconded by Gort. 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. 97-414
A RESOLUTION (Pending the Law Department.)
(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
j Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
i
NAYS: None.
ABSENT: None.
210 June 9, 1997
----------------------------------`------------'---------------------------------------------------------------ww
70. EMERGENCY ORDINANCE: AMEND CAPITAL IMPROVEMENT
ORDINANCE 11337 -- ESTABLISH NEW CIP PROJECT, ART IN PUBLIC
PLACES, MIAMI DESIGN DISTRICT -- APPROPRIATE $250,000 FROM
MIAMI SPORTS AUTHORITY GRANT -- AUTHORIZE MANAGER TO
EXECUTE DOCUMENTS TO ACCEPT GRANT -- SEE LABEL 68.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING CAPITAL IMPROVEMENT
ORDINANCE NO. 11337, AS AMENDED, ADOPTED JANUARY 25, 1996,
THEREBY ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT NO.
322055, ENTITLED: "ART IN PUBLIC PLACES - MIAMI DESIGN DISTRICT"
AND APPROPRIATING $250,000 FOR SAID PROJECT, CONSISTING OF A
GRANT IN SAID AMOUNT FROM THE MIAMI SPORTS & EXHIBITION
AUTHORITY ("MSEA"); AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITH MSEA TO ACCEPT SAID GRANT;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer and seconded by Commissioner Gort, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner 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 Gort, 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. 11513.
211
June 9, 1997
�1"
4'.
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.
----------------------------------------------------------------------------------------------------------------
71. AUTHORIZE REEBOK CORPORATION TO HOLD BRAZIL / COLOMBIA
SOCCER MATCH AT ORANGE BOWL JULY 25, 1997, WITH
CONDITIONS.
Commissioner Plummer: All right, let's do Reebok and get out of here.
Ms. Christina Abrams (Director, Public Facilities): Thank you. Reebok Corporation requests
the authorization from the Commission to hold their soccer game at the Orange Bowl on July
25th. It's a club event between Brazil and Columbia. They have requested to cap the user fee at
fifteen thousand dollars ($15,000) and ten percent of gross sales over three hundred thousand.
The City code requires five thousand dollars ($5,000) use fee and/or ten percent of gross sales.
This will result in a reduction of fees, a savings to Reebok of fourteen thousand, the gross
revenue projection at the Orange Bowl is one hundred and thirty thousand.
Commissioner Plummer: When is this event?
Ms. Abrams: July 25th.
Commissioner Plummer: Would it be proper that we ask or designate that they must give 5,000
tickets to the inner -City youths? Hello? I am calling collect.
Mr. Don Rawson: I'll refer to the representative of Reebok.
Mayor Carollo: Well, J.L., it probably...
Commissioner Plummer: It's summer time, Joe. That's what I was...
Mayor Carollo: Yeah, I am sure they will do that.
Mr. Rawson: My name is Don Rawson, I work with Reebok in Stoughton, Massachusetts. We
will be happy to discuss any way that we can help the kids of the community.
Commissioner Plummer: It's summer time and the kids have nothing to do.
Mr. Rawson: Right.
Commissioner Plummer: They love soccer. I think it will be a great thing on your part to have
an area designated in the end zone for the kids.
Mr. Rawson: Sure.
Commissioner Plummer: And, the other thing of course is, that this poor boy needs a new pair
of shoes...
Mr. Rawson: I just won a bet by the way when you did that. We'll be happy to discuss that
opportunity. Eddie Roger, our local manager here, will be happy to talk to you people about it.
212 June 9, 1997
Mayor Carollo: Thank you, very much for your patience in coming here.
Commissioner Gort: Move it.
Mayor Carollo: There is a motion, there is a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-415
A RESOLUTION (Pending the Law Department.)
(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 Tomas Regalado
Commissioner J.L. Plummer, Jr.
Commissioner Humberto Hernandez
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------
72. COMMENTS BY PROCUREMENT DIRECTOR ON STATUS OF REPORT
REGARDING AUTO LEASE / RENTALS FOR POLICE.
Ms. Judy S. Carter (Director, Purchasing): Sir. Yes, sir. This is very short. This is a status
report. Yes, it is -- sic. As, you can recall, I committed to you that we would have at the June
12th meeting the responses to the bids for the auto lease rental. However, due to the fact that we
moved the date up to Monday, we have not completed the evaluation and we hope to have that
particular item for you, for this second meeting in June, OK? Just to let you know.
213
June 9, 1997
411
it
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i
Mayor Carollo: All right.
Commissioner Plummer: Fine.
Commissioner Gort: Thank you. Good night.
Mayor Carollo: This meeting is adjourned. Thank you all for coming.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 8:10 P.M.
ATTEST:
Walter J. Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
JOE CAROLLO
MAYOR
(SEAL)
214 June 9, 1997