HomeMy WebLinkAboutCC 1997-06-26 MinutesNNE
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APP4& FAm Al � I A IAU
OF MEETING HELD ON JUNE 26, 1997
PLANNING AND ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
WALTER J. FOEMAN
CITY CLERK
INDEX
MINUTES OF PLANNING AND ZONING MEETING
June 26, 1997
ITEM
SUBJECT
LEGISLATION
PAGE
NO.
NO.
1.
PRESENTATIONS/COMMENDATIONS.
DISCUSSION
2
6/26/97
2.
PERSONAL APPEARANCE: FERRERO USA,
DISCUSSION
2-3
INC, TO DONATE $30,000 FOR
6/26/97
PLAYGROUND STRUCTURES -- SEE LABEL
4.
3.
MAYOR CAROLLO ANNOUNCES RULES OF
DISCUSSION
3
PROCEDURE FOR SPEAKERS TO FOLLOW
6/26/97
AT PUBLIC HEARING SCHEDULED FOR 5
P.M. -- SEE LABELS 23 & 45.
4.
CONTINUE -- ACCEPT DONATION BY
R 97-419
4
FERRERO USA, INC. -- SEE LABEL 2.
6/26/97
5.
PERSONAL APPEARANCE:
DISCUSSION
5-10
REPRESENTATIVES FROM COMMISSION ON
6/26/97
THE STATUS OF WOMEN TO ADDRESS
'TEMPORARY RELOCATION & NEED FOR
SUPPORT STAFF.
6.
PERSONAL APPEARANCE: JOSE
DISCUSSION
11-17
RODRIGUEZ FROM KPMG PEAT MARWICK
6/26/97
LLP -- TO PRESENT UNQUALIFIED
FINANCIAL STATEMENTS FOR FISCAL YEAR
ENDED 9/30/96.
7.
EMERGENCY ORDINANCE: AMEND
ORDINANCE
17-18
SECTION I OF ORDINANCE 11337 --
11514
ESTABLISH NEW CAPITAL IMPROVEMENT
6/26/97
PROJECT: SAFETY INFRASTRUCTURE
REPAIRS, PROJECT 311927.
8.
BRIEF COMMENTS BY COMMISSIONER
DISCUSSION
19
PLUMMER REGARDING CONTRACT
6/26/97
INCREASE FOR KPMG PEAT MARWICK,
LLP -- SEE LABEL 21.
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9.
FIRST READING ORDINANCE: AMEND
ORDINANCE 19
CHAPTER 22 OF CODE -- CREATE NEW
FIRST
ARTICLE VI: DONATION COLLECTION BINS.
READING
6/26/97
10.
FIRST READING ORDINANCE: AMEND
ORDINANCE 20
CHAPTER 2, ARTICLE II, SECTION 2-33 OF
FIRST
CODE: ORDER OF BUSINESS AND RULES
READING
OF PROCEDURES -- ADD NEW PARAGRAPH
6/26/97
(C) (4) .
11.
APPROVE INTERLOCAL AGREEMENT
R 97-420 21-40
BETWEEN CITY & MIAMI SPORTS AND
6/26/97
EXHIBITION AUTHORITY (MSEA) -- PROVIDE
FOR DEVELOPMENT / OPERATION /
MANAGEMENT OF AIR TRANSPORTATION
FACILITY / VISITORS CENTER / RELATED
USES ON WATSON ISLAND -- FURTHER
INCLUDE IN INTERLOCAL MUNICIPAL FEE
PAYMENTS BY CONVENTION BUREAU AND
CITY TO OPERATE HELIPORT.
12.
(A) COMMENTS UPDATING
DISCUSSION 40-41
COMMISSIONERS ON STATUS OF FEC
6/26/97
PROPERTY NEGOTIATIONS.
(B) COMMENTS REGARDING MIAMI TODAY'S
ARTICLE THAT DADE COUNTY IS
PROCEEDING WITH MARITIME PARK
AGREEMENT,
13.
APPROVE ACQUISITION OF LEASE FOR
R 97-421 42-46
HYATT HOTEL BY HYATT CORPORATION
6/26/97
FROM AETNA LIFE INSURANCE COMPANY --
AUTHORIZE MODIFICATION AGREEMENT.
14.
APPOINT ANTHONY BLATLY / VICTOR
R 97-422 46-48
MONZON-AGUIRRE / JUDY CANNON / JUAN
6/26/97
REYES / ANNA-MARIE LEMOINE TO REVIEW
COMMITTEE TO EVALUATE FIRMS TO
PROVIDE WORKERS' COMPENSATION
MANAGED CARE PROGRAM FOR CITY.
15.
RATIFY / APPROVE / CONFIRM / CITY
R 97-423 48-50
MANAGER'S EMERGENCY FINDING --
6/26/97
APPROVE INCREASE IN CONTRACT WITH
DELTA BUSINESS SYSTEMS/IKON OFFICE
SOLUTIONS FOR $100, 000 -- FOR TOTAL OF
$370,628.68 -- FOR LEASE/PURCHASE OF
CITYWIDE COPIER SERVICES -- ALLOCATE
FUNDS FROM GENERAL SERVICES
GRAPHIC REPRODUCTION DIVISION,
ACCOUNT 921002-610.
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16.
REJECT BID 96-97-077R FROM ROYAL RENT-
R 97-424 51-62
A -CAR FOR PROVISION OF RENTAL POLICE
6/26/97
VEHICLES -- SPLIT BID BETWEEN ROYAL
AND INTERAMERICAN WITH PROVISIONS --
ALLOCATE FUNDS ($612,480 FROM LAW
ENFORCEMENT TRUST FUND ACCOUNT
690002.029032.4.679) .
17.
COMMENTS REGARDING POLICE ACTION
DISCUSSION 62-63
DURING AN ARREST WHICH RESULTED IN A
6/26/97
DEATH -- DIRECT ADMINISTRATION TO
PROVIDE CITY COMMISSION WITH DETAILS
OF CASE.
18.
BRIEF ANNOUNCEMENT THAT AGENDA
DISCUSSION 63
ITEM 18, TOWING MATTERS, WILL BE
6/26/97
ADDRESSED LATER IN SESSION AT 4 P.M. --
SEE LABEL25.
19.
INCREASE ALLOCATION OF FUNDS FOR
R 97-425 64-70
PROVISION OF ORIGINAL EQUIPMENT
6/26/97
MANUFACTURERS PARTS AND REPAIR
SERVICES -- FOR CITY VEHICLES AND
MOTORCYCLES FOR POLICE FLEET -- FROM
$120,000 TO $450,000 -- ALLOCATE FUNDS
FROM FLEET SERVICE CENTER GENERAL
OPERATING BUDGET ACCT
503001.291301.6.670. -- DIRECT
ADMINISTRATION TO RESEARCH STATUS
OF SALE OF CITY LIMOUSINE.
20.
INCREASE ALLOCATION OF FUNDS FOR
R 97-426 71-72
PROVISION OF BODY WORK /
6/26/97
REFURBISHING / PAINTING SERVICES --
FOR POLICE CITY VEHICLES -- FROM
$500,000 TO $700,000 -- ALLOCATE FUNDS
FROM FLEET SERVICE CENTER GENERAL
OPERATING BUDGET ACCT.
503001.291301.6. 670.
21.
INCREASE ALLOCATION OF FUNDS FOR
R 97-427 72-74
PROVISION OF EXTERNAL AUDITING
6/26/97
SERVICE BY KPMG PEAT MARWICK LLP --
ALLOCATE FUNDS ($99,425. ACCTS.
001000.260201.6.280 AND
799302.452123.6.280).
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22.
(A) SCHEDULE CITY COMMISSION
M 97-428
74-90
WORKSHOP FOR JUNE 28, 1997 AT 7 A.M. --
R 97-429
FOR REVIEW OF PROPOSED SINGLE
6/26/97
MEMBER DISTRICT PLANS -- FURTHER
SCHEDULE SPECIAL CITY COMMISSION
MEETING FOR JULY 1, 1997 AT 7:A.M. TO
HOLD PUBLIC HEARING ON SAME SUBJECT.
(B) DIRECT CITY ATTORNEY TO PREPARE
AMENDMENTS TO CHARTER -- FOR
SPECIAL MUNICIPAL ELECTION TO BE
HELD SEPTEMEBR 4, 1997 -- FOR
ESTABLISHMENT OF SINGLE MEMBER
(
DISTRICTS.
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23.
BRIEF COMMENTS BY MAYOR ON
DISCUSSION
6/26/97
90-91
PROCEDURE FOR PUBLIC HEARING
REGARDING BRICKELL GATE.
24.
DEFER CONSIDERATION OF AGENDA ITEM
DISCUSSION
91-92
17 (REVIEW OF ORDINANCE 11425,
6/26/97
CHAPTER 42, SECTION 42-8 OF CODE,
ESTABLISHING FEES FOR SECOND HAND
DEALERS AND PAWN SHOPS) -- INSTRUCT
CITY MANAGER TO REVIEW AND SUBMIT
REPORT TO CITY COMMISSION.
25.
DIRECT ADMINISTRATION TO SCHEDULE
DISCUSSION
92-94
AGENDA ITEMS 18 AND 19, TOWING
6/26/97
CONTRACTS AND DOWNTOWN
INVESTMENTS, INC. SUBORDINATION FOR
JULY 10, 1997 COMMISSION MEETING -- SEE
LABEL 18.
26.
CONTINUE CONSIDERATION OF PZ4,
M 97-430
94-96
(APPEAL CONCERNING CONSTRUCTION OF
6/26/97
CORAL ROCK WALL AROUND 3041 OAK
AVENUE) TO COMMISSION MEETING OF
SEPTEMBER 25, 1997.
27.
APPROVE ZONING BOARD DECISION TO
R 97-431
96-98
GRANT SPECIAL EXCEPTION TO MIAMI
6/26/97
JEWISH HOME & HOSPITAL FOR THE AGED,
INC. -- TO PERMIT INCREASE IN CLIENTS
FROM 576 TO 666 -- FURTHER TO ALLOW
ADDITIONS OVER 20% -- ZONED G / I /
GOVERNMENT AND INSTITUTIONAL --
LOCATION: 5200 N.E. 2 AVENUE.
28. SECON READING ORDINANCE: AMEND
ORDINAMCE 10544 FROM SINGLE FAMILY
RESIDENTIAL TO DUPLEX RESIDENTIAL --
CHANGE FUTURE LAND USE ELEMENT OF
COMPREHENSIVE PLAN -- LOCATION: 2979-
89-95 S.W. 4 STREET.-- APPLICANT:
PLANNING & DEVELOPMENT.
29. SECOND READING ORDINANCE: AMEND
ORDINANCE 11000, ARTICLE 4, SECTION
401, SCHEDULE OF DISTRICT
REGULATIONS -- FROM R-1 SINGLE FAMILY
RESIDENTIAL TO R-2 DUPLEX
RESIDENTIAL -- LOCATION: 2979-89-95 S.W.
4 STREET -- APPLICANT: PLANNING &
DEVELOPMENT.
30. (A) CONTINUE CONSIDERATION OF PZ7
(PROPOSED ORDINANCE TO AMEND
CHAPTER 4 OF CODE TO ADD EXCEPTION
FOR ALCOHOLIC BEVERAGE
ESTABLISHMENT USES WHICH PRECEDE
SCHOOLS OR CHURCHES) TO COMMISSION
MEETING OF SEPTEMBER 25, 1997.
(B) CONTINUE CONSIDERATION OF PZ8
(PROPOSED ORDINANCE TO AMEND
ORDINANCE 11000 TO PROVIDE EXCEPTION
CLAUSE FOR ALCOHOL BEVERAGE
ESTABLISHMENT USES WHICH PRECEDE
SCHOOLS OR CHURCHES) TO COMMISSION
MEETING OF SEPTEMBER 25, 1997.
31. (A) CONTINUE CONSIDERATION OF PZ 9
(PROPOSED ORDINANCE TO AMEND
ORDINANCE 10544 BY CHANGING LAND
USE DESIGNATION OF MUNICIPAL JUSTICE
BUILDING, 1155 N.W. 11 STREET FROM
RESTRICTED COMMERCIAL TO MAJOR
INSTITUTION& PUBLIC FACILITIES,
TRANSPORTATION AND UTILITIES) TO
COMMISSION MEETING OF JULY 24, 1997.
(B) CONTINUE CONSIDERATION OF PZ10
(PROPOSED ORDINANCE TO CHANGE
ZONING OF MUNICIPAL JUSTICE BUILDING
AT 1155 N.W. 11 STREET FROM C-1
RESTRICTED COMMERCIAL TO G / I /
GOVERNMENT INSTITUTIONAL) TO
COMMISSION MEETING OF JULY 24, 1997.
ORDINANCE 98-99
11515
6/26/97
ORDINANCE
11516
6/26/97
M 97-432
6/26/97
M 97-433
6/26/97
99-100
101-102
102-105
32.
SECOND READING ORDINANCE: AMEND
ORDINANCE 105-106
ORDINANCE 10544 -- AMEND
11517
COMPREHENSIVE NEIGHBORHOOD PLAN
6/26/97
BY AMENDING FUTURE LAND USE MAP --
CHANGE LAND USE DESIGNATION OF CITY
POLICE SUBSTATION AT 2200 WEST
FLAGLER STREET AND OF PROPERTY AT
2326 S.W. 1 STREET FROM MAJOR
INSTITUTIONAL, PUBLIC FACILITIES,
TRANSPORTATION AND UTILITIES TO
RESTRICTED COMMERCIAL. -- APPLICANT:
PLANNING & DEVELOPMENT.
33.
SECOND READING ORDINANCE: AMEND
ORDINANCE 106-107
ORDINANCE 11000 -- AMEND ZONING
11518
ATLAS -- CHANGE ZONING DESIGNATION
6/26/97
OF CITY POLICE SUBSTATION AT 2200
WEST FLAGLER STREET AND PROPERTY
AT 2326 S.W. 1 STREET FROM G/I
GOVERNMENT AND INSTITUTIONAL TO C-1
RESTRICTED COMMERCIAL -- APPLICANT:
PLANNING & DEVELOPMENT.
34.
SECOND READING ORDINANCE: AMEND
ORDINANCE 107-108
ARTICLE 7 OF ORDINANCE 11000 -- AMEND
11519
SECTION 701.1.1, CONDITIONAL USES -- TO
6/26/97
ALLOW FOR USES IN RECONSTRUCTED
HISTORIC STRUCTURES, CONDITIONALLY --
APPLICANT PLANNING & DEVELOPMENT.
35.
CONTINUE CONSIDERATION OF PZ1
M 97-434 108-112
(APPEAL OF VARIANCE DENIED TO PERMIT
6/26/97
ADDITION FOR EXISTING SINGLE FAMILY
RESIDENCE AT 1772 S.W.10 STREET)-- AND
PZ2 (PPEAL OF VARIANCE DENIED TO
PERMIT STRUCTURES WITH LESS THAN
REQUIRED SETBAKCS FOR EXISTING
SINGLE FAMILY RESIDENCE AT 2225 S.W. 19
STREET) TO COMMISSION MEETING OF
JULY 24, 1997 AT 6:P.M.
36.
EMERGENCY ORDINANCE: ESTABLISH
ORDINANCE 113-114
"COPS MORE '96" SPECIAL REVENUE
11520
FUND -- APPROPRIATE FUNDS FOR ITS
6/26/97
OPERATION FROM U.S. DEPARTMENT OF
JUSTICE GRANT ($9,537,933,00).
37.
AUTHORIZE CITY MANAGER TO AMEND
R 97-435 114-115
LEASE AND EXECUTE SUPPLEMENTAL
6/26/97
AGREEMENT WITH DEPARTMENT OF THE
ARMY LEASE DACW17-1-990-001,
BAYFRONT PARK, MIAMI HARBOR.
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38.
AUTHORIZE BAYFRONT MANAGEMENT
R 97-436
115-116
TRUST TO NEGOTIATE SPONSORHIPS /
6/26/97
ISSUE CONCESSION PERMITS / RECEIVE
REVENUES DERIVED FROM 10TH ANNUAL
4TH OF JULY BIRTHDAY BASH AT MILDRED
AND CLAUDE PEPPER BAYFRONT PARK.
39.
ALLOCATE $25,000 FROM URBAN
R 97-437
116-118
DEVELOPMENT ACTION GRANT FUNDS TO
6/26/97
ALLAPATAH COMMUNITY ACTION, INC --
FOR MEALS PROGRAM.
40.
(A) APPOINT MONIQUE TAYLOR TO
R 97-438
118-119
NUISANCE ABATEMENT BOARD.
R 97-438.1
(B) APPOINT ALLAN SWEENEY TO
6/26/97
INTERNATIONAL TRADE BOARD.
41.
EXPRESS CITY COMMISSION INTENT NOT
R 97-439
120-121
TO EXCLUDE BLUE RIBBON TASK FORCE
6/26/97
MEMBERS WHO ASSISTED CITY WITH
DEVELOPMENT OF IMPROVED BUSINESS
PRACTICES FROM CONSIDERATION OF
FUTURE OR EXISTING CONTRACTS AND
BUSINESS OPPORTUNITIES.
42.
APPROVE RELOCATION OF LITTLE HAITI
M 97-440
121-122
NET OFFICE FOR A DOLLAR A YEAR.
6/26/97
43.
BRIEF DISCUSSION CONCERNING
DISCUSSION
122-123
POSSIBLE FORECLOSURE OF TACOLCY
6/26/97
AND THE CITY'S POSITION REGARDING ITS
$150,000 LOAN.
44.
APPROVE HIRING SPECIAL COUNSEL FOR
R 97-441
124-126
RAINBOW LIGHTING LAWSUIT WHICH
6/26/97
CLAIMS NO CITY FISCAL EMERGENCY --
ALLOCATE FUNDS ($25,000).
45.
BRIEF COMMENTS CONCERNING
DISCUSSION
127
METROPOLITAN DADE COUNTY ADOPTION
6/26/97
OF FIRE FEE.
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46. (A) RULES OF PROCEDURE FOR PUBLIC
HEARING CONCERNING GATE ACROSS
BRICKELL AVENUE ADJACENT TO ALICE
WAINWRIGHT PARK AND THE
RICKENBACKER CAUSEWAY.
(B) LEGAL PERSPECTIVE: METROPOLITAN
DADE COUNTY HAS JURISDICITION.
(C) PUBLIC HEARING.
(D) REBUTTAL.
(E) COMMISSION ACTION: FORWARD
MATTER WITH RECOMMENDATIONS TO
METROPOLITAN DADE COUNTY FOR
RESOLUTION. SEE LABELS 3 & 23.
M 97-442 127-157
6/26/97
MINUTES OF PLANNING AND ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 26th 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 9:10 a.m. by Mayor Joe Carolio with the following
members of the Commission found to be present:
ALSO PRESENT:
ABSENT:
Mayor Joe Carollo
Vice Mayor Tomas Regalado
Commissioner J.L. Plummer, Jr.
Edward Marquez, City Manager
A. Quinn Jones, III, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
An invocation was delivered by Vice Mayor Regalado who then led those present in a
pledge of allegiance to the flag.
NOTE FOR THE RECORD: Commissioner Gort enters the
Commission chamber at 9:11 a.m.
1
June 26, 1997
1. PRESENTATIONS/COMMENDATIONS.
(A) DEBORAH BRATZ - COMMENDATION FOR HEROIC EFFORTS TO
PRESERVE PUBLIC SAFETY.
----------------------------------------------------------------------------------------------------------------
2. PERSONAL APPEARANCE: FERRERO USA, INC, TO DONATE $30,000
FOR PLAYGROUND STRUCTURES -- SEE LABEL 4.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I make a motion we approve the entire agenda, and let's go home.
Mayor Carollo: OK. We're now on item 1, personal appearances. Is the representative from
Ferrero U.S.A., Inc., here this morning?
Mr. Dan Enfinger: Thank you, Commissioner... Mayor and Commissioners. It's a pleasure to be
here today on behalf of Neutella and our trade partners, Winn -Dixie, Publix and Sedano's to
present this gift to the City of Miami, and more importantly, to the children of Miami, so they
can have a safe place to play and enjoy themselves. We at Neutella believe that a commitment
to the community, especially the youth of a community, is a very important part of what we can
and should do as a company. This check symbolizes our donation and belief in this project.
There are several... Of course, we could not have done this alone. There are two people that
also believed in the project, and I would like to take a moment to thank them, because without
their help, this donation would not have been possible. Mark Gallegos has worked... has acted as
our liaison with the City throughout the entire process. Mark has expedited the project and made
it a reality. The Director of Parks and Recreation has also been invaluable in helping us identify
the parks that would benefit the most from this playground equipment. On behalf of us and,
Neutella, and the children of Miami, thank you.
Commissioner Plummer: Excuse me. What is the donation? Oh, that's fine. You talked about
everything but what was the donation.
Mr. Enfinger: We have it in writing.
Mayor Carollo: We're very grateful.
(APPLAUSE)
Mayor Carollo: Go ahead.
Mr. Terry Griffin: Good morning, Mayor and Commissioners. Terry Griffin, Parks Department.
Yeah, the exact donation will be three playgrounds, valued at ten thousand dollars ($10,000)
each, one for Bryan Park, one for Williams Park, and one for Fern Isle Park.
Mayor Carollo: Thank you very much.
Mr. Enfinger: Thank you.
7
June 26, 1997
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Mayor Carollo: If I could ask you to come up here so that we could have the honor of taking a
picture with you and that check. Thank you very much.
Mr. Enfinger: My pleasure.
Commissioner Gort: May this be one of many to come.
Commissioner Plummer: Well, that's only the first monthly payment.
Mr. Enfinger: Correct.
Mayor Carollo: Thank you very much.
Vice Mayor Regalado: And to the citizens of Miami, keep buying Tic -Taos.
NOTE FOR THE RECORD: Commissioner Hernandez enters the
Commission c am er at 9:18 a.m.
----------------------------------------------------------------------------------------------------------------
3. MAYOR CAROLLO ANNOUNCES RULES OF PROCEDURE FOR
SPEAKERS TO FOLLOW AT PUBLIC HEARING SCHEDULED FOR
5:P.M. -- SEE LABELS 23 & 45.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Before we go on to... per Commissioner Gort's request, I need to make an
announcement. The item that we have today for a public hearing, I will be limiting the amount
of people on both sides of the issue to speak to no more than ten people for each side, either to
ten, no more than ten. Simply, after you get beyond that many people, everything just becomes
repetitious. Any additional people that would like to have their names placed for one side of the
issue or the other could then come up to the City Clerk any time during this Commission
meeting today and let the Clerk know what side of the issue they're on. Basically, the first
people that will come up to the City Clerk and sign up as wanting to speak on the issue will be
the first that we will let up, up to no more than ten on each side, two minutes each, and then
additional presentations by the Administration, et cetera. I also have to announce that I will have
to leave the Commission meeting by no later than six -twenty this evening. I think an hour and
20 minutes will be sufficient to air this issue out in public, and for this Commission to deliberate
on it. Thank you.
Commissioner Plummer: Yes. I want to announce I'm leaving at four -fifty-nine.
3 June 26, 1997
St
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---------•-----------------------------------------------------------------------------------------------------
4. CONTINUE -- ACCEPT DONATION BY FERRERO USA, INC. -- SEE
LABEL 2.
----------------------------------------------------------------------------------------------------------------
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, on item 1, you need a motion for approval
to accept...
Commissioner Gort: Move it.
Commissioner Plummer: Second.
Mayor Carollo: OK. There's a motion on item 1 to accept the donation from Ferrero U.S.A.,
Inc. It's been moved by Commissioner Gort, second by Commissioner Plummer. All in favor,
signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays."
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-419
A RESOLUTION ACCEPTING A DONATION, VALUED AT $30,000.00, FROM
FERRERO USA, INC., OF THREE PLAYGROUND STRUCTURES FOR USE BY
THE DEPARTMENT OF PARKS AND RECREATION AT BRYAN, FERN ISLE,
AND WILLIAMS PARKS; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, FOR ACCEPTANCE OF SAID DONATION.
(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.
4
June 26, 1997
----------------------------------------------------------------------------------------------------------------
5. PERSONAL APPEARANCE: REPRESENTATIVES FROM COMMISSION
ON THE STATUS OF WOMEN TO ADDRESS TEMPORARY
RELOCATION & NEED FOR SUPPORT STAFF.
Mayor Carollo: We're back on item 2.
Commissioner Gort: Mr. Mayor, I have the members and representatives of the Commission on
the Status of Women that are present here. And as you all know, they have done a tremendous
job for the City of Miami. They were very helpful in putting the celebration of our 100th
birthday together. Because of all the budget cuts that we've had, they need some assistance. At
the same time, the space that was being used by them, it was the space they had with the Parks
Department, and that space, from my understanding, the Parks Department needed it. So they
asked them that... they would have to move out. In talking to the Manager, I was asking if there
was a possibility to place them somewhere here in City Hall, which I understand there might be
some spaces. And I got a letter from... memo from the Manager where they said there's some
space available where we can place them. My understanding is, and I'll let them express later
on, what they would need is an office space, where they can have some of their files, the desks,
and every once in a while, some support, staff support from us. When it comes to their budget, I
told them to put their budget together and we - I personally - we would try to help them with the
private sector. I think these ladies will meet plenty of people that are willing to do positive
things. As you can see, the private sector gets great benefit in doing these type of things. This is
thirty thousand dollars ($30,000). They're going to get at least a million dollars ($1,000,000)
worth of publicity. So hopefully, we will be able to work with you on that.
Commissioner Plummer: Where is the office space to be?
Ms. Pola Reydburd: Good morning.
Vice Mayor Regalado: Well, I want to say that the office space that the Commission has now,
it's a shame. Aaron and I had an opportunity to visit the gym, and the roof is falling, it's leaking,
and if we can accommodate the Commission in other sites... As a matter of fact, I'm sure that
we are in the process of fixing the gym, so they would have to move, anyway, at least
temporarily. But the office that the Commission has now, it's not a very nice place to be.
Mr. Aaron Weeks (Chief of Staff): Commissioners, the space that we've identified is the space
that was formerly used by the Centennial Committee. We polled each of the Administration's
departments to see if there was an administrative need for that space or I could use that space.
We also polled each of the Commission's offices to determine if there was another use for that
space. None was identified.
Commissioner Plummer: When would they tentatively want to occupy?
Mr. Weeks: My understanding is ASAP (as soon as possible).
Commissioner Plummer: All right. The Clerk has a lot of stuff in there, so he's going to have to
make provisions to get your stuff out of there, and I think we pretty well cleaned out all the
Centennial stuff, and we've sent it to the Historical Society downtown. So speaking for the
Centennial portion of it, it's no problem, as far as we're concerned, to take it over, but I think
you're the one that's got to find some space.
5 June 26, 1997
Mayor Carollo: If I may suggest the following, also, as a possible alternative where they might
be more comfortable. I believe there's still some space in the new Administration Building left,
some areas, and I think they might be a lot more comfortable at the other building than being
placed like this office here.
Mr. Weeks: The understanding is that this is a temporary solution. The space where they
currently are, the Office of Disability Programs, also needs to expand their space. And that's at
the Virrick Gym, and that's the space that they currently now are occupying. So we will
continue to work, in order to see if we can assist them in finding some additional space
somewhere else in the City.
Mayor Carollo: OK. So they're currently, you're saying, at the Virrick Gym site?
Mr. Weeks: That's correct.
Commissioner Hernandez: Mr. Mayor, on top of the issue of actual space, I think there's also an
issue that should be addressed as a possible staffing. I'm under the impression that they have no
staffing, whatsoever, and they are in need of some kind of staffing, and that's a possibility that
we should consider today.
Mayor Carollo: Well, that might be fine, if the Commission would like to do that, but frankly, I
don't see where we have the money to come up with additional salaried positions for the City,
and if we start to doing it with every of the fine groups that we have and committees that this
Commission assigns. We're soon going to find ourselves in financial difficulties again. But I
think that if the Administration would like to look at that and come back with a recommendation
to this Commission, that would be appropriate in doing that.
Commissioner Gort: Mr. Mayor, my understanding was that the City Manager's Office might be
able - what they need is support staff that can help them. It's not an eight -hour staff. Their
budget... I told them to put the budget together and bring it to me, and see what we can do with
the private sector, and we can get somebody in the private sector to sponsor it, like we've done
with many other agencies.
Mayor Carollo: Yeah. That's the best way of trying to accomplish it.
Commissioner Gort: I think... I'm sure staff... that we can give them staff support.
Mayor Carollo: At least in the short end, yeah.
Commissioner Hernandez: Well, should we make a motion to...
Commissioner Plummer: Well, do you need any action from this Commission? Or...
Ms. Reydburd: Well, I'd like to make a statement.
Commissioner Plummer: Quit while you're ahead.
Ms. Reydburd: I'm not too sure we're ahead.
Commissioner Plummer: OK.
Ms. Reydburd: My name is Pola Reydburd, 561 Northwest 32nd Street, Miami. And I am the
Chairperson of the City of Miami Commission on the Status of Women. All of us are
professional women who, for several years, have been taking time from our busy schedules to
6 June 26, 1997
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work for the City of Miami. I doubt that any of the City's appointed boards or commissions has
ever presented annual reports as comprehensive and impressive as ours. Those of you who were
in office last year have copies of the report. And even today, almost a year after our funding was
eliminated, we can still produce a list of activities that was - excuse me - that was handed out to
you that shows our continued desire to contribute to the City. But after many months of
unsuccessful attempts to receive answers to questions about our future, we come before you to
express confusion, anger, and sadness. We are confused because you have continued to appoint
a new slate of women to a commission that has been totally disenfranchised and
"disempowered". We don't understand why you appoint new women to this commission that
has absolutely no power, no funds, no possibilities to do anything. A staff person has been
promised since the. preliminary report of findings was completed about eight months ago to
provide minimum support, and that has never been... that has not happened. The person has not
been assigned. It was not going to be an outside person. It was going to be somebody from the
City who was already in the City payroll who was going to assist us. We are angry because we
have been asked to vacate our office, and nobody seems to care about what will happen to all the
hundreds of documents that offer a wealth of information and resources for women, and even
more important, traces the history of women in this City for over a quarter of a century, an
invaluable legacy that is at risk of being lost to future generations, if we don't know what's
going to happen to it. They have asked us to put it in boxes. Some of it has already been placed
in boxes in a building that, like some of you have known for a long time, has leaks, there are
problems of humidity, so we don't know what's going to happen to all those documents. And
we are sad because in spite of our relentless efforts to improve and enhance the status of all the
women in this community, women's issues, unfortunately, are never a priority in the City's
agenda. We don't even have a place to hang the plaque that was made to trace the contributions
of women to the City, in celebration of the Miami Centennial Women's Hall of Fame in July of
1996. The plaque is hang... somewhere. Nobody has the courtesy or the feeling of the
importance of the contribution of women to hang it in a place where it was supposed to be, here
in City Hall. Even though women do not have a political presence in City Hall, the women of
this community deserve to have a voice. The minimal resources that the Commission for the
Status of Women received were always maximized by our volunteer efforts and commitment and
allowed us to have a voice that was heard throughout the City, the County, and beyond, to
national and international forums. Today, we have no funding, we have no office, soon there
will be no women's history, and therefore, no voice. It will be a sad day for the women of
Miami if this continues to happen. And I think some of my colleagues may have some
statements also.
Commissioner Plummer: Let me ask you, where is the plaque for the women, the Centennial?
Ms. Reydburd: Here in City Hall.
Commissioner Plummer: Where?
Mayor Carollo: Where in City Hall?
Ms. Reydburd: I'm sorry. It's in the... in the... It was sent back to the trophy place, waiting...
Commissioner Plummer: Because I have asked any number of times where the plaque is,
because we made a commitment that it would go in the lobby of City Hall. And every time, my
answer was, "They're going to be returning it." And I've not seen it.
Ms. Reydburd: They are waiting for City Hall to tell them when to bring them and where to
place it.
Commissioner Plummer: How about bringing it tomorrow, and we'll get it placed by the
weekend, because that was...
7 June 26, 1997
w,.
Ms. Reydburd: OK.
Mayor Carollo: Mr. Manager, can you have it placed in the front lobby once they bring it back?
(APPLAUSE)
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Yes, sir.
Commissioner Gort: When you all came to my office and you told me about the problems, we
worked on that right away. What I want to know is, what is the procedure you had before or
who you reported to? Because we have a new Manager, and we have you people here, and I
think we need to establish a procedure so that communications do not get lost.
Ms. Reydburd: We went to speak to Mr. Weeks and...
Commissioner Gort: Excuse me. Forget about the past.
Ms. Reydburd: OK, OK, that's fine.
Commissioner Gort: Let's look forward. And I think this Commission, with the actions we're
taking here today, are telling you that we want you to continue, we're going to be supporting
you. We have cut the budget to everyone, but we're going to work with you to get your budget
from the private sector, to get your budget taken care of. The Manager committed to get you
some staff support, and they're going to get you the office space. OK?
Ms. Reydburd: OK. And they will move the materials that's in the Virrick Building?
Commissioner Gort: You talk to Mr. Aaron Weeks, and he'll... you coordinate with him.
Ms. Reydburd: OK.
Commissioner Gort: And I don't know, Mr. Manager, who you would like to have them work
with, so this lack of communication will not happen again.
Mr. Marquez: Aaron, from my staff, will be the liaison to the Commission.
Ms. Reydburd: OK. Thank you.
Commissioner Gort: Thank you, ladies.
Mayor Carollo: Thank you for your work and effort, and thank you for coming here today.
Ms. Josefina Sanchez-Pando: Excuse me. My name is Josefina Sanchez-Pando. I am known to
some of the persons who are sitting there for a couple of years, and I think I might be actively
known for those that are new. Mr. Mayor, I always like to have closing to anything that happens
between the City of Miami and any other entity. So could we have it now to go on record that
we do not have a place to stay, because we are being evicted from where we are, and we need
one identified now, before we leave. Second, that there are tremendously important records to
the people of the City of Miami, whom you represent, that are going to be lost, that now they are
in the worst of places. We need a place identified, we need money, because if you don't have a
house, you don't have a budget, you don't have a servant, you don't have anything in life, you're
8 June 26, 1997
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no one. So please, could I have an answer to go on record? Where are we going? When do we
meet, with whom, to obtain the fundings? Who is the... Which is the department that is going to
supply us with an aide? Who is going to do the moving of the very important records? Would it
be... Would it be pleasing to the Commission to answer those questions on a one, two, three,
four cut order? Who, where, when?
Commissioner Gort: Josephine, I think we told you the answer is this gentleman has been
working for the location. He's going to tell you what they located. He's also going to tell you
how they're going to move it, who is the individual they're going to use. And the budget, I told
you that my office... and I'm telling... I'm telling you now...
I
Ms. Sanchez-Pando: No, I know. I know what you told me, and I referred what you told me to
the last meeting of the...
Commissioner Gort: I'm telling you, we are going to get... Give me a budget. I asked you to
give me a budget, and I would work with the other Commission...
Ms. Sanchez-Pando: I referred it to the president. Your message was sent to her.
Commissioner Gort: Excuse me.
Vice Mayor Regalado: Aaron, when you and I visited the site, we were told by the Parks
Department that they were not being evicted.
Mr. Weeks: That's correct. And thank you, Commissioner.
Vice Mayor Regalado: Did you say that you were... Who told you that you were being evicted?
Ms. Sanchez-Pando: We heard it in the last...
Vice Mayor Regalado: You heard? Who told you?
Ms. Regina Berman: The office we occupy belongs to the Parks and Recreation, the people with
disabilities.
Vice Mayor Regalado: I know that.
Ms. Berman: They have a new... They have an extended program, and they need the office
space...
Vice Mayor Regalado: No, no, I'm sorry, I'm sorry. We were told... We were told that if you
were going to leave the office, they would be able or they would be willing to take the space, but
since you want everything on the record...
Ms. Berman: Mm-hmm.
Vice Mayor Regalado: ... who told you that you were being evicted?
Ms. Berman: They asked us to leave. They asked me to leave.
Vice Mayor Regalado: OK. Do you know who?
Ms. Berman: I'm Regina Berman.
9 June 26, 1997
lvt'�
Vice Mayor Regalado: OK. Regina, do you know who told you? Because we were told that
they were not being evicted. Could you...
Ms. Berman: Staff who works there asked us. I mean, she didn't tell me just leave. She asked if
we are not... be working there, there is no one to take care of the office. We need this space for
our program. And it's their office we were occupying. So that, to me, looks like an eviction. I
don't know what you call it.
Vice Mayor Regalado: Well, since Josefina wants everything by the book...
Ms. Sanchez-Pando: Oh, yes.
Vice Mayor Regalado: ... I want to make sure that what you're saying is not right; that you were
not told...
Ms. Sanchez-Pando: Oh, I'm not right Correct me.
Ms. Berman: We were asked to leave.
Vice Mayor Regalado: OK. So you evicted her.
Mr. Terry Griffin: No, we did not, Vice Mayor. What...
Vice Mayor Regalado: All right.
Ms. Sanchez-Pando: Well, what do you call when you're asked to leave a premise? Perhaps I'm
groping for a word.
Vice Mayor Regalado: I'm telling you... I'm telling you what we were told.
Ms. Sanchez-Pando: And I'm telling you what we were told by Regina, and by Pola, at a
meeting, which is on record, in our meeting.
Commissioner Hernandez: The bottom line is we're going to get you a place.
Commissioner Plummer: Who were you told by? Who were you told by?
Vice Mayor Regalado: Well, yeah, the bottom line is that we are going to give you a place.
Ms. Sanchez-Pando: OK.
Commissioner Hernandez: We're going to get you a place.
Ms. Berman: Thank you.
Commissioner Plummer: Amen.
10
June 26, 1997
1
------•---------------------------------------------------------------------------------------------------------
6. PERSONAL APPEARANCE: JOSE RODRIGUEZ FROM KPMG PEAT
MARWICK LLP -- TO PRESENT UNQUALIFIED FINANCIAL
STATEMENTS FOR FISCAL YEAR ENDED 9/30/96.
Mayor Carollo: We are now on item 3. Thank you, Commissioner Gort.
Mr. Edward Marquez (City Manager): Mr. Mayor, I want to introduce Jose Rodriguez. He's
been the partner in charge of our City audit. He's going to give the report on the City's audit
results as of September 30, 1996.
Mr. Jose Rodriguez: Thank you very much. My name is Jose Rodriguez. One Biscayne Tower,
Suite 2900, Miami, Florida. We have completed the audit of the City of Miami's financial
statement as of September 30, 1996, and we have issued the appropriate report with respect to
those financial statements. With respect to the report, itself, it is what is deemed in the
profession an unqualified opinion but it has two explanatory paragraphs, one dealing with the
City's financial situation, its liquidity, and its financial emergency, as defined by Florida
statutes, and that has been incorporated into the opinion. The other paragraph...
Commissioner Plummer: Wait, wait, wait. You said that was an unqualified report?
Mr. Rodriguez: It is an unqualified report, in the sense that...
Commissioner Plummer: Well, how does the City get a qualified report?
Mr. Rodriguez: Could be with respect to issues as to going concern, inappropriate accounting
principles, which we deem the accounting principles of the City to be...
Commissioner Plummer: You know, Mr. Mayor, we're paying this firm a hell of a lot of money.
We just got another expenditure for them, over a hundred thousand dollars ($100,000). And to
sit here and tell me in the record that it is an unqualified report, leaves me with a lot of
unanswered questions. And for people that might be listening, I'm not happy with an
unqualified report.
Mr. Marquez: Mr. Mayor.
Mayor Carollo: Mr. Manager, if you could explain.
Mr. Marquez: Yes, I can explain. When Jose, as an auditor and a CPA (Certified Public
Accountant) refers to the term, "unqualified," he is referring to a strict definition that auditors
use under CPA guidelines. I want to ask Jose to talk a little bit more in laymen's terms, as
opposed to... to the extent possible, get away from the "techno" speech that CPAs have. Yes, it
is technically, under the CPA report, an unqualified opinion. And like he says, it has explanatory
notes to it, references contained within the body of the report. But if you give Jose a chance, he
will explain to you the details behind the opinion, and those details are...
Commissioner Plummer: Mr. Manager, none of us sitting up here are CPAs. And whether he
can do it, or some other firm can do and talk the language that the five of us understand, I think
we got a problem. And I would hope that you could reduce it down to what you've done is
qualified work, and in a language that at least I can understand. Because I understand
"unqualified" to be a term that is not acceptable.
11 June 26, 1997
Mr. Rodriguez: OK. The opinion, itself, contains an explanatory paragraph, which basically has
drawn attention to the City of Miami's financial condition. Within that paragraph, we describe
the City's accumulated deficit and put it right on the front page of its financial statements.
We've also made reference to, in that report... in our report to the City's plans, in the notes to the
financial statements as to how it's going to deal with its liquidity issues, and how its' going to
deal with its operational issues, the adoption of its five-year plan, and things of that nature. It is
not what you deem the clean opinion, which has three paragraphs. This opinion has six
paragraphs, which bring attention to the financial condition of the City. It is unqualified, in the
sense that the City has followed appropriate accounting pronouncements and accounting
principles in the preparation of these financial statements. But it does draw attention as to the
financial condition of the City.
Commissioner Plummer: And what is that report?
Mr. Rodriguez: Excuse me?
Commissioner Plummer: What is the financial condition of the City, as of today?
Mr. Rodriguez: I don't know as of today. I can tell you as of September 30th.
Commissioner Plummer: OK. September the 30th? The last year's.
Mr. Rodriguez: That's correct. OK. As of September 30th of
accumulated deficit in its general fund of more than twenty-one
($21.8 million) And that is on the front page of the auditor's opinion.
Commissioner Plummer: Excess.
last year, the City had an
point eight million dollars
Mr. Marquez: He is saying that the City is in the hole by twenty-six million dollars ($26
million) as of September 30th.
Commissioner Plummer: That's not excess.
Mr. Marquez: That is not excess.
Mr. Rodriguez: No.
Mr. Marquez: It's a deficit position.
Commissioner Plummer: Yeah. OK. We knew that.
Commissioner Hernandez: That's cap... we're on capital improvement, right?
Commissioner Plummer: Yeah, capital improvements... what makes the other.
Commissioner Hernandez: Right.
Commissioner Plummer: But I mean, what... We've known that now for six months, and you're
coming here today to tell it to me.
Mr. Marquez: The auditors are reporting here today because pursuant to State law, they must
make a presentation of their reports... of their audit reports. Now, auditors go and look
historically back in time, and the period that they're looking at is fiscal '96. The auditor... This
12 June 26, 1997
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is proof that as of September 30, 1996, the City was in the hole by twenty-six million dollars
($26,000,000).
Mayor Carollo: If you want to get a happy face report, I could always invite the "Ex -Ex," and
he'll give you a happy face report.
Commissioner Plummer: No, he's... the "Ex -Ex" is your problem, not mine.
Mayor Carollo: No. His problem.
Commissioner Plummer: It's... You know, to comply with State law, if that's what you're
doing, I have no problem with that. But you're telling me history, history that we've known for,
unfortunately, some six or seven months. Now, what I would like to ask you that was in the
report, and you did make mention, and I think needs some discussion, you did indicate that there
were some areas of the City that needed some look/see. Look/see was... I can't imagine... the
Downtown Development Authority that operates on a special millage. You've spoken of
something that I've had a problem with for a long time that nobody else agrees with, and that is
the deficit, and the subsidy required for Gusman Hall. And I think these are the kind of subjects
that you ought to be talking about this morning that need Commission - if nothing more -
attention, much less legislation.
Mr. Rodriguez: I'll be happy to do that. Within the report... There are several entities that are
wrote up into the City's financial statements that are audited by other auditors. Those other
auditors - with two specific entities, the Gusman Cultural Center Olympia Building Fund, and
the Downtown Development Authority - those are... The auditors of those entities gave what we
call a going concern opinion, which gives doubt whether the entity will be around, because of its
financial condition, for a year period of time from the balance sheet date. Well, we wrote... We
basically mirrored that type of language in our opinion, with respect to those entities. Taken as a
whole to the City, those entities... the results of those... We evaluated the results of those entities
in the forming of our opinion. But it's like Commissioner Plummer stated. Those entities did
receive going concern opinions, which is something the City or the boards of those respective
entities should be concerned with.
Commissioner Plummer: Are you telling us in reality that we need to look further at these two
entities, that we need to take action? You know, that's what, to me, an auditor does. An auditor
has sets of flags. They have red flags, and they have green flags, and I'm asking you on the
record today, from the knowledge that you have, what red flags are flying? I've identified two,
which I think you identified in your report. My question, then, happens to be, are there any other
red flags that this Commission should be fully aware of, should be looking at further, or should
be taking action to correct? So I'm putting you on the spot. All right? And that spot is very
simple. You're the auditor. You're the one that I'm paying hundreds of thousands of dollars to
sit here and say, "Commissioners, you better be looking at this, you better be looking at that, this
is not a problem because it's not a problem." But I'm asking you, point blank, what other red
flags should this Commission be looking at, if any?
Mr. Rodriguez: OK. With respect to those other entities, the people who have the detailed
knowledge of those other entities are the auditors for those entities. So as far as the intricacies of
those, you would need to speak with those auditors and the management of those entities. With
respect to other issues and flags, we issued an interim Management letter to this City that was, I
believe, in the neighborhood of 38 pages long. We're in the process of doing two things with
respect to that. One is updating that interim Management letter to see whether Management's
responses and actions have been what they said they will do or have done. And second is, is
updating that Management letter for new issues that came along as a result of completing the
audit. Those were... in that document, there are several red flags and issues that the Commission
and Management need to address.
13 June 26, 1997
Commissioner Plummer: Does the Management acknowledge the receipt of same, and are you
addressing the problems that they outline?
Mr. Rodriguez: Yes, sir.
Commissioner Plummer: I only have one further question. I questioned before the three
hundred thousand dollars ($300,000) a year to FIU (Florida International University) for a five-
year period. Mr. Manager, again, over five years, you're talking a million and a half dollars for
studies. Is it, in fact, still your opinion that that three hundred thousand dollars ($300,000) a year
is money well spent?
Mr. Marquez: As of... For purposes of including the ability to spend up to three hundred
thousand dollars ($300,000) per year, yes. I think that's necessary, and it's a critical component
of the five-year plan. As to how wisely that money is being spent, that has yet to be determined,
because when we would like to spend that money, we will back up before the City Commission
with a contract, with a reason for disbursement, and if the City Commission at that point in time
agrees with the wisdom of that disbursement, then it will be disbursed.
Commissioner Plummer: OK. Because at this particular time, as to this date, I have not seen
anything from that source.
Mr. Marquez: We have not... All right. This is where we're at on the Blue Ribbon Task Force,
and the five-year plan, and our dealing with FIU. What you are referring to is a suggested
appropriation amount, going out into the future, of three hundred thousand dollars ($300,000)
per year. If we need studies, we'll come back to you and ask you if we can spend money for
studies. So that's future determination. What we've been doing to date is that the conveners of
the Blue Ribbon Task Force, which is two university presidents, the president of... the Ph.D. and
the president of Swire (phonetic) Properties have gotten together with the private sector, and
have formed a larger task force of about 35 members, if I remember right. These groups have
broken themselves out into five major areas dealing with financial management, informational
technology, organization, etcetera, et cetera, etcetera, human resources. These five committees
have been meeting with my staff on numerous occasions and detailing what... you know, finding
out... in a fact-finding mode, finding out from staff what the problems are. They're doing their
own investigations, coming up with their own recommendations. At some point in the future,
and I believe the date September - excuse me - August 25th, the task force will have its first
public meeting where recommendations will be for the first time discussed that the task force is
going to be mulling over with. They'll probably have two more... two or three more public
meetings, and then at some point before September 30th, their goal is to finalize the report that
comes to the City Commission.
Commissioner Plummer: OK.
Mayor Carollo: Any further statements or questions from any members of the Commission?
Commissioner Hernandez: So, for the record, when we finished the year 1996, we had a twenty-
six million dollar ($26,000,000) deficit?
Mr. Rodriguez: You had a twenty-one point eight million dollar ($21.8 million) deficit in your
general fund.
Commissioner Hernandez: Twenty-one point eight.
Commissioner Plummer: Well, excuse me. We heard twenty-six.
14 June 26, 1997
Commissioner Hernandez: Yeah, What's...
Commissioner Plummer: Are there deficits other than the twenty-one point eight in the general
fund? In other words, what I'm asking and I think Humberto is asking is...
Mr. Rodriguez: I mis...
Commissioner Plummer: ... what was the total deficit for the year? Not just what was the deficit
in the general fund. We also know about capital improvements. But were there other deficits?
Because I had heard the number twenty-six, as I think the rest of you had, and you're saying
twenty-one point eight. Now, to me, four million dollars is still a lot of money.
Commissioner Gort: What page is that?
Mr. Marquez: Mr. Mayor and Commissioners, I believe I misspoke. The number is as the
auditor is stating right now.
Commissioner Plummer: I'm sorry?
Mr. Marquez: The number is as the auditor is stating it right now. I misspoke.
Commissioner Plummer: Twenty-one point eight.
Mr. Marquez: Twenty-one point eight million dollars ($21.8 million).
Commissioner Plummer: So twenty-six is not a realistic number.
Mr. Marquez: Twenty-six was a mis...
Commissioner Plummer: A guesstimate.
Mr. Marquez: ... was...
Commissioner Plummer: Merrett Stierheim's guesstimate.
Mr. Marquez: ... my bad memory in relating information to you.
Commissioner Plummer: OK. So it's twenty-one point eight. We know that.
Mayor Carollo: Before you go, I'd like to get a few things on the record. One, according to the
studies that were done in the Stierheim plan, where we had scores of people that came from the
private sector, from Dade County government, from Miami Beach, from our own City, the State
that looked at it, they estimated at the time that the deficit, as of the end of September 1996, was
nineteen point four million. In essence, they were a little under. They were extremely
conservative. We had more. We had a twenty-one point eight million deficit, as of... ending
September 1996, the end of our fiscal year. For the record, this is only for the ending of
September 1996. This'has nothing to do with the additional deficit that we would have had in
this coming new fiscal year from October 1st of last year to the end of September of this year, if
we hadn't taken the steps we have taken in cutbacks, employee concessions, nineteen million
from the Sports Authority that came into the City, and I could go on, and on, and on, and on.
Mr. Rodriguez: That's correct, Mayor. The twenty-one point eight million dollars ($21.8
million) refers to as of and through September 30th. It does not incorporate anything that
happened subsequent to that.
15 June 26, 1997
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Mayor Carollo: OK. Also, for the record, you were only engaged to finish out the ending fiscal
year, the end of September 1996. You were not engaged at the time to go into anything of
October 1st, '96 to the present.
Mr. Rodriguez: That is correct. That will be done as far as the '97 fiscal year end audit.
Commissioner Plummer: What company is doing that?
Commissioner Gort: Mr. Mayor? Mr. Mayor?
Mayor Carollo: Yes, go ahead.
Commissioner Gort: Also, one of the red flag agencies that was mentioned, and I want to
clarify, was DDA. And the reason was there was a grant that you all will recall that... the
development of the Omni for the trade center it was going to create there. That has been settled,
I guess, with notice by our attorney. The check is in the mail, so that should not be any problem
at all.
Commissioner Plummer: Somebody has lost a set of keys. You might look at Mike. He's
holding them up. If somebody needs to go home, they might not make it. I have one other
question. Mr. Manager, there was the potential of this City engaging... no. We did engage a
lawyer to look at the previous CPA firm for the purposes of instigating a lawsuit. I have heard
nothing in reference to that. We, I think, paid that attorney a great deal of money. And for
whatever reason, he's gone into oblivion. At least I think he's gone into oblivion, because of the
fact... I don't know if anybody else has heard anything from him, but I haven't heard a word.
Mr. Marquez: He's been working with staff. One of the things...
Commissioner Plummer: Wouldn't it be nice to update us once in a while?
Mr. Marquez: We... In fact, actually, we had that planned, for us making our rounds this
coming week on this issue. What we've been waiting for and what the attorney has been waiting
for is some results on some track history, as far as developments with the audit. Now that that's
out, we're able now to have a bigger... a fuller picture of what the liabilities would be.
Commissioner Plummer: All right. The answer is, we're going to hear this week?
Mr. Marquez: Yes, sir.
Commissioner Plummer: Thank you. Thank you, Mr. Mayor.
Mayor Carollo: Before you go, hold on. Present is Tony Rodriguez from the FOP (Fraternal
Order of Police):
Officer Tony Rodriguez (President, FOP Miami Lodge 20): Thank you, Mayor. Tony
Rodriguez, Miami Lodge 20. Very briefly, Mr. Mayor, we have some very obvious concerns
with the... an interest with the report of the Blue Ribbon Committee, as you might imagine, and I
would just like, for the record, to request that we get notified of when they're going to hold the
public meetings, and subsequent meetings, and that we get provided with whatever reports might
be forwarded. I'm sure my colleagues from the other unions would also make the same request.
Mr. Marquez: Without a doubt, we're going to do that.
16 June 26, 1997
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Mayor Carollo: Very good. If you can make sure that's done.
Mr. Marquez: Absolutely.
Mayor Carollo: Thank you. Two minutes, sir.
Mr. Manuel Gonzalez-Goenaga: Only one question. You people are privy to this information,
and what about the citizens? I demand - I don't request - and I'm entitled to, and I'm making a
public record request for the only figure that is worthwhile reading in the City of Miami, the
financial statements, auditor's financial statements. And I also want the Management letter. I
have said this many times, starting since Suarez' days, and I have never been provided the
information. Can somebody order that information to be given to me, or do I have to pay for it?
Mr. Marquez: Mr. Mayor, as my Assistant City Manager had told Mr. Goenaga just a couple of
minutes ago, we will be happy to provide him the information.
Mayor Carollo: Very good.
Commissioner Plummer: Manny, it's so nice to have you back. We haven't seen you for so
long.
Mr. Gonzalez-Goenaga: I don't know what I'm doing here.
Commissioner Plummer: Welcome back home to Miami, Manny.
Mayor Carollo: Thank you very much.
Mayor Carollo: We are now at the scheduled ten a.m. item, item number 4. Is there any
problems if we start taking it up two minutes before ten, Mr. City Attorney?
A. Quinn Jones, III, Esq. (City Attorney): Well...
Commissioner Plummer: You can't take any action.
Mr. Jones: Technically, you can't hear it before ten, so you've got three minutes to discuss
something else.
Commissioner Plummer: Let's take a break.
----------------------------------------------------------------------------------------------------------------
7. EMERGENCY ORDINANCE: AMEND SECTION I OF ORDINANCE 11337 --
ESTABLISH NEW CAPITAL IMPROVEMENT PROJECT: SAFETY
INFRASTRUCTURE REPAIRS, PROJECT 311927.
Mayor Carollo: Well, OK. Let's go and take out... go to item number 6, then, since 5 has been
withdrawn. Maybe we can do an item or two before we go back to it in three minutes.
Commissioner Plummer: Move item 6.
Commissioner Hernandez: Second.
17
June 26, 1997
Mayor Carollo: Item 6 has been moved by Commissioner Plummer, seconded by Commissioner
Hernandez. Can you read the ordinance, please? It's an emergency ordinance. Call the roll
twice.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING SECTION I OF ORDINANCE
NO. 11337, AS AMENDED, ADOPTED JANUARY 25, 1996, THE CAPITAL
IMPROVEMENTS APPROPRIATIONS ORDINANCE, THEREBY
ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED:
"SAFETY INFRASTRUCTURE REPAIRS, PROJECT NO. 311927, TO BEGIN
DURING FISCAL YEAR 1996-1997; APPROPRIATING FUNDS FOR SAID
PROJECT; 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.
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. 11514.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
18
June 26, 1997
S�
i
i
----------------------------------------------------------------------------------------------------------------
8. BRIEF COMMENTS BY COMMISSIONER PLUMMER REGARDING
CONTRACT INCREASE FOR KPMG PEAT MARWICK, LLP -- SEE LABEL
21.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, just note for the record, I don't know why at the time item
15 was not brought up with Peat Marwick Mitchell to get another ninety-nine thousand dollars.
It would seem like to me they were companions.
Mr. Edward Marquez (City Manager): We would be happy to...
9. FIRST READING ORDINANCE: AMEND CHAPTER 22 OF CODE --
CREATE NEW ARTICLE VI: DONATION COLLECTION BINS.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I move item number 7.
Commissioner Hernandez: Second.
Mayor Carollo: Item number 7 has been moved and has been seconded. It's a first reading
ordinance. Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, THEREBY CREATING A NEW ARTICLE VI,
ENTITLED: "DONATION COLLECTION BINS"; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE AND INCLUSION IN THE CITY CODE.
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.
19 June 26, 1997
----------------------------------------------------------------------------------------------------------------
10. FIRST READING ORDINANCE: AMEND CHAPTER 2, ARTICLE II,
SECTION 2-33 OF CODE: ORDER OF BUSINESS AND RULES OF
PROCEDURES -- ADD NEW PARAGRAPH (C) (4).
Commissioner Plummer: I move item 8.
Commissioner Hernandez: Second.
Mayor Carollo: Item 8 has been moved by Commissioner Plummer, seconded by Commissioner
Hernandez. It's a first reading ordinance. Read it. Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION 2-33, OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED: "ORDER OF BUSINESS AND
RULES OF PROCEDURE" TO: (1) LIMIT THE NUMBER OF ITEMS THAT MAY
BE SCHEDULED ON A REGULAR CITY COMMISSION AGENDA TO NO MORE
THAN 60 ITEMS, (2) FIX CERTAIN TIMES TO CONCLUDE PUBLIC INPUT
AND/OR AGENDA ITEM CONSIDERATION, (3) LIMIT THE NUMBER OF
NONSCHEDULED ("POCKET") ITEMS THAT MAY BE INTRODUCED TO ONE
POCKET ITEM FOR EACH COMMISSIONER AND TWO POCKET ITEMS FOR
THE CITY MANAGER, AND (4) ESTABLISH PROCEDURES FOR THOSE ITEMS
REMOVED FROM THE CONSENT AGENDA; MORE PARTICULARLY BY
ADDING NEW SUBPARAGRAPHS (4) (5) AND (6) TO PARAGRAPH (c), AND
AMENDING PARAGRAPHS (e) AND (i) OF SAID SECTION; CONTAINING A
REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by Commissioner Hernandez, and
was passed on first reading, by title only, by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
20 June 26, 1997
----------------------------------------------------------------------------------------------------------------
11. APPROVE INTERLOCAL AGREEMENT BETWEEN CITY & MIAMI
SPORTS AND EXHIBITION AUTHORITY (MSEA) -- PROVIDE FOR
DEVELOPMENT / OPERATION / MANAGEMENT OF AIR
TRANSPORTATION FACILITY / VISITORS CENTER / RELATED USES ON
WATSON ISLAND -- FURTHER INCLUDE IN INTERLOCAL MUNICIPAL
FEE PAYMENTS BY CONVENTION BUREAU AND CITY TO OPERATE
HELIPORT.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Now we're back to item number 4.
Mr. Edward Marquez (City Manager): Mr. Mayor, at the workshop session the other day, the
City Commission challenged us to figure out ways whereby the City can garner some revenues
from new development. They also challenged us to limit the space usage that would be under
lease with MSEA (Miami Sports and Exhibition Authority) and dedicated to for these purposes.
And we have been working actively since that point in time. As late as eight o'clock last night,
numbers were being finalized. And I'm going to turn this over to Jack Luft, to walk you through
the new Watson Island development.
Mr. Jack Luft (Director, Planning & Development): Very simply, we have reduced the active
aviation component of this facility to four acres - that's two each - for the seaplanes and the
helicopters, plus an additional acre for the Visitors Bureau, which would also incorporate the air
ticket terminal. There could be a small amount of space, if the Commission desired, for some
service retail to support the passengers and the public that comes to this facility. That's optional.
In total, we're talking about five acres for the facility. We imagine that a public use parking
area, a common parking area for the island, which would also serve this facility of about another
three acres adjacent to that would be built. It would be outside the airport boundary. So that
portion which would be conventionally called the aviation facility would be just those three
components and the five acres. Within those five acres, the City could, in response to
Commissioner Plummer's question, actually operate, become the FBO for the heliport facility.
It's actually not a complex operation. Two or three people can do this. It would constitute
operating the... or subleasing a hangar, collecting landing fees and tie down fees, and selling
fuel. We're projecting from that operation, based upon a gross revenue of about three hundred
thousand a year, a net return to the City as a profit for being the FBO of about a hundred and
fifty thousand dollars ($150,000) a year. In addition to that, the City would receive not less
than... we think it could be more, but we're looking in the neighborhood of fifty thousand dollars
($50,000) a year payment for services, municipal services. It is effectively like a tax, property
tax, but it's a municipal services fee from those aviation air site operators. We are also in
agreement with the Visitors Bureau that there would be a consideration for the one hundred
thousand dollars ($100,000) that we donate each year to the bureau. It would be a return back to
the City. So we're looking at in the neighborhood of three hundred thousand dollars ($300,000)
as a return for this five -acre component. Any revenues that we might receive from 'a parking
area, should we charge for parking, would be directly back to the City. That would be outside
the airport boundary. So we think we have reduced this, optimized the revenues, acre for acre.
It would probably be one of the better returns available to us on the island.
Commissioner Plummer: Do you smoke Virginia Slims?
Mr. Luft: No, sir, I do not.
21 June 26, 1997
C"
Commissioner Plummer: You should because you've come a long way, baby.
Mr. Luft: Just the cigars, that's it.
Commissioner Plummer: If, in fact, the heliport is going to be managed and operated by the
City, so there would be no municipal...
Mr. Luft:... service fee there, no.
Commissioner Plummer: There.
Mr. Luft: No.
Commissioner Plummer: OK.
Mr. Luft: I'm talking... the fifty thousand would be the other two components.
Commissioner Plummer: Yeah, I understand.
Mayor Carollo: You know what he meant by that, right?
Mr. Luft: I think he meant we're not paying taxes to ourselves.
Mayor Carollo: No. What he meant by that is that the fish has finally come home to roost.
Mr. Luft: That's right. OK.
Commissioner Plummer: Well, Mr. Mayor, as I told you before, there's no chickens in the bay.
So that's what you got to worry about. Mr. Mayor...
Mayor Carollo: Well, that's not what they say about Charlie the tuna. They call it chicken tuna.
Vice Mayor Regalado: What can we...
Commissioner Plummer: Davie Jones.
Vice Mayor Regalado: What can we get from the service that we give Pan Am - or will - the
Pan Am Seaplane Airport, in terms of police, fire, garbage? Is this also in here or not?
Mr. Luft: Yes, sir. That's the greater part of the fifty thousand dollars ($50,000).
Commissioner Plummer: Well, excuse me. Under State- law, Chalks has no alternative. They
are a profit -making corporation operating on government property, and as such, are subject to ad
valorem taxes. That's the law. So they've got to pay back anyhow.
Mayor Carollo: Are they paying that now?
Mr. Luft: No, sir, they're not.
Commissioner Plummer: Well...
Mayor Carollo: OK. Well...
22
June 26, 1997
r X1
Mr. Luft: We have a set aside stipulation that agrees that since we don't... we hold that they do
not own the land. Therefore, they wouldn't pay taxes on it. But they hold that we don't own the
land. Therefore, they don't pay rent. So we pay a compromised contribution to a parks fund.
Mayor Carollo: That's why I wanted to get that on the record, because out of the five and a half
acres we're talking about here, three and a half of those acres, we have a set -aside through the
courts with Chalks right now. And obviously, if we were to go to court again or in the future, no
one can assure a hundred percent what would happen in a court of law. But at best, our chances
of being able to come out ahead of that would, at the very best, might be 50150. It may be I'm
being overly generous.
Commissioner Plummer: Mr. Mayor, I am very pleased at the changes that have come about. I
think there could possibly be some other changes of the blue lines which, maybe, would give
us... as you know, my concern was to give us more area for the potential of raising more
revenue. And whether or not the visiting ships would become a reality and go into that area
known as six acres there terminated, whether the parking could be put down there, and the other
area could be... that's yet to be determined. I still have a major problem with Chalks. And my
problem with Chalks is very simple, and I'll continue to say it as long as I sit here. We are
subsidizing a profit -making corporation. Now, you know, I feel sorry for Mr. Cobb, my dear
friend, who says he's losing money. Well, I can't imagine he's going to be around very long,
because he's going to get rid of it if he's losing money. But they, in effect, are asking us to
allow them to upgrade their facility. And I understand that they have no exclusive right, yet they
will be the prime person in those ticket agencies. We're not providing ticket agencies for other
airlines. It is not an exclusive, his landing, but it will be somewhat an exclusive of the ticketings,
the passengers, and all of that. And they're not giving anything to this City, as far as I'm
concerned, of a fair return of value to our City. I think that they need to negotiate with this City
before I am ready to vote for them to be upgraded in any way, shape or form. They are a private
profit -making corporation, and as such, should be responsible for doing what any person in
business has to do. Today, when the vote comes, Mr. Mayor, if it can't be done in a separate
fashion, I will vote for everything at this point, with the exception of Chalks, to be decided at a
later date. In fact, when we have negotiated with them... You know, the front of the cart is nice
that, well, we're going to negotiate with you. Yeah. Well, we know the history of their way of
negotiations. It's not been to the City's advantage. So I would hope that we could separate it
today. I think what we're really being asked today is to designate eight acres, and the rest of it
would go out to an...
Mayor Carollo: Five point six.
Commissioner Plummer: Well, no, it's eight acres with the parking, Mr. Mayor.
Mayor Carollo: Yeah, but the parking is for the whole island, so it's not going to be part of it.
Commissioner Plummer: It's still... Yeah, but it's still eight acres, is what they're asking us to
designate today.
Mayor Carollo: Five point six.
Commissioner Plummer: And that's a far cry from 18.
Mayor Carollo: Five point six.
Commissioner Hernandez: Mr. Mayor?
Commissioner Plummer: OK. That's fine. I'm not trying to argue with you.
23 June 26, 1997
u
7.
ha�`u
Mr. Luft: OK. Right.
Commissioner Plummer: All I'm saying to you is, I'm happy to hear about the heliport. I'm
tickled pink for Merrett Stierheim's building over there. I hope lie's got the money to build what
he needs, and if he doesn't, he's got to learn to live within his budget, you know, which he has a
problem doing. But that's all right. My only reservation still is in the area of subsidizing a
profit -making corporation. And I'll say amen. And Jack, thank you for coming back with what I
feel is a much better plan, yet still needs a little modification.
Vice Mayor Regalado: Do we have any money in the aviation fund?
Mr. Luft: Do we have any... We have right now one point three million dollars in a set -aside
fund earmarked by the Federal Aviation Administration for an aviation facility on Watson
Island, if we so choose to use it. We wrote a letter to the FAA (Federal Aviation Administration)
in January telling them to hold that money. It expires on an annual basis. Each year's allocation
holds for three years, and then it expires. They asked us if we wanted the 1994 allocation, and
we said, yes, hold it before we release it, and that's still there. I would add that that one point
three million grows, or each year, they bring five hundred thousand dollars ($500,000) into that
fund by virtue of the seaplanes being there. It is the passenger deplanement of those planes that
contributes to the ticket revenues that are paid back to the City of Miami fund for that aviation
facility. Were it not for the seaplanes, we wouldn't have the option of using those funds.
Vice Mayor Regalado: Right. But can we use that fund to pay the City for the service that we
have given in the past?
Mr. Luft: The funds are only for improvements, capital improvements. For instance, we could
use those funds to build our municipal heliport.
Commissioner Plummer: Well, excuse me. Those monies that are coming from the Federal
government do not have Pan American's name on it, do they?
Mr. Luft: No, sir.
Commissioner Plummer: It's the City of Miami.
Mr. Luft: That's right. They're working...
Commissioner Plummer: Why can't we build a seaplane facility, and why can't we operate that
and get a revenue?
Mr. Luft: We, in fact, could build the air site operations. Now, there would logically be, as
there is at Miami International, and at Opa Locka, Tamiami, probably a private hangar that the
individual air carrier would want for their services. And right now, what we're seeing here is a
non-exclusive for Pan Am, with the option of a hangar, and, you know, where they could
maintain their airplanes, because the airplanes would *remain theirs. The ticket counter would be
in the Visitors Bureau Building, and that would be public. That would be part of ours. So really,
what we're offering Pan Am is a chance to use a publicly owned, non-exclusive air field, a ramp,
and an apron area with the option of putting in a hangar and a services area for their planes.
Commissioner Plummer: For fifteen thousand dollars ($15,000) a year.
Mr. Luft: No. That would be entirely negotiated again. This arrangement here today only
allows us to go through MSEA (Miami Sports and Exhibition Authority) to approach them for
negotiations.
24
June 26, 1997
Commissioner Plummer: OK. If I'm not mistake...
Mr. Luft: And that would have to come back to you.
Commissioner Plummer: Look, if I'm not mistaken, what you're asking of us here today is, in
fact, to approve the interlocai agreement, with RFPs (Requests for Proposals) to go out on all
facets of that agreement.
Mr. Luft: Yes.
Commissioner Plummer: And those RFPs would have to come back before this Commission.
Mr. Luft: Correct.
Commissioner Plummer: So I can vote for the delegation of the six and a half acres in the
interlocai agreement...
Mayor Carollo: Five and a half. Five point six.
Commissioner Plummer: Five and a half, OK. Five and a half acres for the interlocal
agreement. But I want to tell you that unless Chalks comes back or Pan American comes back
and negotiates with the City, I'm not going to be looking to help them out. I mean, you know,
nobody is subsidizing my private business.
Mr. Luft: You do understand the City, itself, is putting no money into this. The land, itself, is
valuable, we agree. But...
Commissioner Plummer: Jack, tax dollars from Washington are the same color as tax dollars
from Miami.
Mr. Luft: OK. We will bring that separate agreement back to you with each of the entities that
we will be talking to.
Mayor Carollo: This is all fine and dandy, and it sounds great. But the fact of the matter is that
they probably have some vested rights there. And if they didn't, then why didn't I hear the same
song being sung years ago when the City entered into the present consent decree, if I may call it
that, which is similar to one that the City entered with then -Chalks that's now Pan American?
Commissioner.
Commissioner Plummer: Well, very simple, Mr. Mayor. I think at the time that that was done,
the Court didn't say, this is forever, it's yours and should be. The Court says ten years.
Mayor Carollo: Yeah. We were lucky.
Commissioner Plummer: OK? And the Court says ten years, and as far as I'm concerned, Mr.
Mayor, you know, you... I respect you to have your right of your opinion. I don't think they
have a vested right in that property. That is the property of the citizens of this City. And as
such, three acres of... two acres of property, prime property, bringing back fifteen thousand
dollars ($15,000) a year, I don't think, in anybody's idea, is a fair return to this City.
Mayor Carollo: Commissioner, what I am looking at is the total amount that this is going to
bring the City. And frankly, the total amount that it's going to bring to the City on a yearly basis
is going to be even more per acre than the latest of the best deals that we were given by Dade
County government on Maritime Park.
25 June 26, 1997
Commissioner Plummer: Well, we're going to talk about that later, I hope. Mr. Mayor, we're
three hundred thousand dollars ($300,000) more today than we were at the last meeting. I'm
tickled pink for that reason. OK? I still will go after, tooth and nail, if we're going to subsidize
a private company. I think it is wrong. I don't think it should be done. And as far as I'm
concerned, I'll fight it at the time.
Mayor Carollo: OK. I don't see it that way. In fact, maybe before we proceed, to try to clear
the air even more, if I could have the attorney for Pan American Airways come up and address
the Commission.
Mr. Al Cardenas: Yes. Thank you. Mr. Mayor and members of the Commission, for the record,
my name is Al Cardenas, with offices at 201 South Biscayne Boulevard. And we represent
Chalks/ Pan Am Air Bridge with respect to this issue. And I'm fully confident that as we move
forward in negotiating with the City, your staff, that they will bring to you a batch of documents
for your review and hopeful approval that will be, in my opinion, undeniably, in the best interest
of the citizens and you, and including financial considerations. What we intend to do, hopefully,
is enter into mutually agreeable terms with respect to a lease arrangement with MSEA, which
will be your lessee, with respect to Watson Island. We intend to also enter into a settlement
agreement with -the City in a document that wraps MSEA and the City and ourselves, where we
dismiss all of our claims with respect to this property. Now, let me spend 30 seconds telling you
financially what that means. Number one, you know, that property, according to Mr. Plummer,
is worth about ten million dollars ($10,000,000). We would relinquish all of our interest into
ownership of that ten million dollar ($10,000,000) parcel. Number two, 15y putting away and
taking care forever of the litigation, it permits you to move ahead with this proposal, which puts
in between six to ten million dollars ($10,000,000) to the City, contributed by third parties,
meaning the State, Federal government, and Merrett's shop. Number three, the million three
hundred thousand dollars ($1,300,000) that you have in the airport trust fund is there because of
the contributions that Chalks and Pan Am have made to that fund. That money came from us. It
came from us by way... not of a fifteen thousand dollar ($15,000) yearly contribution, which we
give to your Parks and Recreation, but for the fee of fifteen or twenty dollars ($20) for
deplanement of our planes. And so collectively, that money, which is your money, if you handle
it, accounting -wise, properly, has amounted to a million three hundred thousand dollars
($1,300,000), and perhaps more. And so I would envision that we would continue to pay
deplanement fees. What we're asking you to do is nothing more than the relationships that
Miami International Airport has with American Airlines, United, Delta, elsewhere. They charge
deplanement fees, they build terminals based on tax-exempt bond issues, and they pay for those
with the funds from the... the landing fees from these airlines. We're not asking you to subsidize
us. We're asking you to enter into an agreement with us on a long-term basis where we will
continue to hopefully give back to you what we've given back, and then some, in return for
which, we will relinquish all our rights to property which is valued in the millions and millions
of dollars, and allow you to accept from third parties between six to ten million dollars
($10,000,000). So I think you'll do all right. Thanks.
Commissioner Plummer: Mr. Mayor, my final statement is, I never saw a company, profit -
making, that fought so damn hard to continue to lose money. They claim they're losing money,
and they're losing money. And I never saw a profit -making corporation fight so hard to be
allowed to continue to lose money. If that makes sense, somebody better tell me how to do
business.
Mr. Cardenas: We'll be happy to share that information with staff.
Mayor Carollo: You haven't heard about major league sports, huh?
26 June 26, 1997
Commissioner Plummer: Neither your friend, Huizenga.
Commissioner Gort: Mr. Mayor? Mr. Mayor?
Mayor Carollo: I didn't want to mention any particular names.
Commissioner Plummer: Well...
Mr. Cardenas: One last comment which, as a lawyer, I have an obligation to do, or else I'd be
committing malpractice is, as you know, we claim to have certain rights, pursuant to the
litigation, the standby agreement. And although we're 100... almost 100 percent confident that
we'll enter into an agreement that's fair to you, and the taxpayers, and our client, we don't waive
any rights of that litigation, obviously, until we have a final agreement amongst the parties,
which I am confident we'll reach. Thanks.
Mayor Carollo: Somehow, I didn't think you would.
Commissioner Plummer: Well, I think that's to be assumed. You the right. It doesn't mean
you're right, but you have the right.
Commissioner Gort: Mr. Mayor?
Mayor Carollo: Commissioner Gort.
Commissioner Gort: This piece of property that... in the circle, right next to McArthur
Causeway...
Mayor Carollo: Which one? That one?
Commissioner Gort: That one.
Mayor Carollo: Yeah.
Commissioner Gort: What is the use of that?
Mr. Luft: OK. In order for Florida Department of Transportation to build at their expense the
two million dollar ($2,000,000) access road system that will serve this entire island, we had to
agree, and we did discuss this at length with their highway engineers, that there was going to
have to be an off ramp interchange, a radius for a 30-mite-an-hour exit ramp, and an on ramp on
both sides of the island. There is another sketch here that shows it in more detail. That is the
minimum design criteria for Federal Highway standards for the construction of that off ramp.
That's the radius we had to live with. We tried to get it reduced. They will... The State will not
contribute the two million, they will not build the road system unless they meet their own
criteria, and that's the minimum radius that we could get.
Mayor Carollo: And that's needed for all the additional traffic that we're going to generate with
the parrot jungle project on the other side of Watson Island.
Mr. Luft: Right. The area will be landscaped by FDOT (Florida Department of Transportation)
completely, and be maintained at their expense.
Mayor Carollo: Can you at least try again, one more time, to see if they could reduce the amount
of land that they will need to take for that turnoff point? Because we're... It's about two acres,
as I could best judge it from here, that we're going to kind of be losing by that turned off lane.
But again, for the record, that's got nothing to do with this project.
27 June 26, 1997
0
Commissioner Gort: Right.
Mayor Carollo: It's because of the projects on the other side of Watson Island.
Commissioner Gort: But the reason... I want to understand. That will be used to turn around?
Mr. Luft: No. It's... When you exit I-395, coming off of the bridge, to enter the island, you'll
come into a deceleration lane to your right, and you will enter into a curved... what amounts to
an off ramp. And that ramp must be designed to a minimum 30-mile-an-hour design criteria,
which is a 150 foot radius, which is what you're looking at here. As you come off of that ramp,
it will curl around back onto the island. At this point, you can enter into this facility, or continue
back to the marina, or under the bridge to Parrot Jungle.
Commissioner Gort: Gotcha. OK. Now, I understand.
Mr. Luft: There's another ramp on the other side to enter back onto the causeway.
Commissioner Gort: I understand.
Commissioner Plummer: Togo north.
Commissioner Gort: So we're not allowing them to make a right turn, right and then left.
Mr. Luft: No, you're not.
Commissioner Gort: Also, my understanding is the parking is being built for common use. In
other words...
Mr. Luft: Correct.
Commissioner Gort: ... an RFP will go out, and anyone else that would want to do a project
within that area would be able to use that park. That's the way it's being designed.
Mr. Luft: Right. The objective here... Of course, we know we're going to have parking needs
for the marina, any development that occurs here, something over on the shoreline, if we have
ships. Even Parrot Jungle would be able to tram around back to their project, because these are...
These parking users come at different times of the day. It's not wise to designate the parking for
just one user exclusively, so we overlap that and use it as a public facility for the island.
Commissioner Gort: Thank you.
Mayor Carollo: Nor could we afford to designate it just to one user.
Commissioner Plummer: The road under the bridge is already there. It's blocked off.
Vice Mayor Regalado: Mr. Mayor?
Mayor Carollo: Commissioner Hernandez wanted to speak next, and then we'll go to you, Vice
Mayor.
Commissioner Hernandez: Jack, just to go over some things. Originally, the MSEA interlocal
agreement called. for 20 acres.
28 June 26, 1997
Mr. Luft: Yes, sir.
Commissioner Hernandez: Now we're down to five point six acres.
Mr. Luft: Correct, with the option, if you choose, to include the parking in that or not.
Mayor Carollo: Correct. And if I may interrupt you for one minute, Commissioner. The 18
acres that originally were presented to MSEA and the City, again, for the record, was solely on
the request of the Administration, the Planning Department, because they felt that the City would
be able to receive more revenues quicker by doing that. And I stated before, I do not agree with
it, I didn't want it, so I'm glad that we're down to this now. I just wanted to clarify for the
record.
Commissioner Plummer: We can always put the parking where the seaplanes go.
Commissioner Hernandez: If MSEA would decide to... Jack, if MSEA would decide to put a
restaurant next to the Visitors Bureau, would they be subject to an RFP process? Do they have
to do an RFP process?
Mr. Luft: They have... They actually... MSEA does not have a procurement procedure, but I
believe it would be up to this Commission to dictate how they do that. If you wanted to see an
RFP, you could do that, or you could fold it into the negotiations that are going on with the
current tenants.
Mayor Carollo: Yeah.
Commissioner Hernandez: And ultimately, this Commission would have to decide who would
get that restaurant.
Mr. Luft: Correct.
Mayor Carollo: In fact, I'm glad you brought that up, because what... I think we need to put
everything straight on the table. What has been envisioned there is next to the airport terminal
for the seaplanes and helicopters is to have something small, like Scotty's, that we have next to
City Hall here. If you have something similar to a Scotty's, and it brings in what approximately
a Scotty's would bring in, which I think is reasonable, that should represent an additional
hundred thousand dollars ($100,000) or so to the City. So out of the amount that you have here
in total revenues of three hundred and almost seventeen thousand dollars, for the first year of
operation, you would have to add at least another hundred thousand dollars ($100,000). So
you're looking at, at least, four hundred thousand dollars ($400,000), or over, for the full five
and a half acres of land that really amounts to two acres, because three and a half, as we
discussed, Pan American has usage of it, today, anyway.
Mr. Luft: Yeah. I want to be perfectly clear on the record that the retail or the restaurant facility
is ancillary, it's optional. The problem we have today, and until something else happens on that
side of the island, none of the visitors that use those facilities have any place to eat or get a drink.
And basically, they have to walk to the bait stand to get a sandwich out of a cooler. And so what
we're thinking, to make the Visitors Center work better and the terminal work better, food
service would be desirable, but it's strictly limited and totally ancillary.
Commissioner Hernandez: I would think it would behoove the City to look after that option,
because it's a revenue enhancer, and we're looking at about a hundred thousand dollars
($100,000).
29 June 26, 1997
Mr. Luft: Well, just so we understand, we're not trying to do a commercial project on the island
outside of the other requirements we would normally follow. This is strictly an ancillary service
for the terminal.
Commissioner Hernandez: Jack, another thing. i know it's subject to negotiations, according to
what you told me, but right now, we pay approximately a hundred thousand dollars ($100,000)
to the Visitors Bureau for the services they provide the City, right?
Mr. Luft: Correct.
Commissioner Hernandez: And they, in turn, would want to... this project would go through...
turn over the hundred thousand back to the City.
Mr. Luft: We would discuss that as a consideration before we brought back to you the
agreement with them for this project.
Commissioner Plummer: My understanding was that was going to be eliminated.
Mr. Luft: Well, it...
Mayor Carollo: Well, yes and...
Mr. Luft: Whether you want to eliminate it or give it back, it amounts to the same thing.
Mayor Carollo: We would have to do it in such a way that it would not hamper the requirements
for the monies that we're getting to build the terminal here. In other words...
Commissioner Plummer: Pay me now or pay me later.
Mayor Carollo: Yeah. We pay them and they pay us again.
Commissioner Plummer: Let me make sure, Jack, where... we, the City, are now going to be the
management and operator of the heliport.
Mr. Luft: Correct.
Commissioner Plummer: Mr. Attorney, I want that written in, that at all times, the City will be
the management and operator. We, then, would control any concessions that would go into that
heliport operation.
Mr. Luft: Absolutely.
Commissioner Plummer: Because... Hello?
Mr. Luft: Well, "concessions," being any heliport operator.
Commissioner Plummer: Well, I'm thinking, you know, one of the most lucrative things that an
airport has is a duty-free shop.
Mr. Luft: Well...
Commissioner Plummer: And.. and...
Mayor Carollo: There's no duty-free shop that's going to go there.
30 June 26, 1997
04
Mr. Luft: The attorney wants to comment on this.
Commissioner Plummer: Well, and I want to make sure we, the City, have the right of the
concessions, to put that into that heliport.
Ms. Julie Bru (Assistant City Manager): Commissioner Plummer, Mr. Mayor...
Mayor Carollo: This is not the Port of Miami, Commissioner.
Commissioner Plummer: Mr. Mayor, if you have any idea what the concessions of duty free at
the Miami International Airport...
Mayor Carollo: Believe me, I understand the business quite well, and that's why I'm telling you
there's no duty free that's going to go there.
Commissioner Plummer: Why? If they fly out of the country?
Mayor Carollo: Because first of all, you would not be able to justify it unless it's going to be
done strictly so someone could go into the gray market business, and all the suppliers would see
right through it.
Commissioner Plummer: Well, excuse me. Are not the seaplanes...?
Mayor Carollo: And if you want me to explain to you what the gray market business is, I could
also do that.
Commissioner Plummer: Well, I'm glad you know about it, because I don't want to know about
it. But...
Mayor Carollo: Well, you should know about it.
Commissioner Plummer: Very simply, these planes do fly out of the country. There is a
Customs clearing house there that would be the monitoring of it. I'm just saying any
concessions, whether it's duty free or other wise that could bring City revenue, we have the
control over as the management.
Mayor Carollo: I have no problem with that, whatsoever, if it could be done.
Commissioner•Hernandez: Mr. Mayor, can I finish the question?
Mayor Carollo: Yes.
Commissioner Plummer: May I hear from her what she has to say?
Ms. Bru: Yeah. I just want to... I want to clarify something, if I may. Commissioner Plummer,
if there are concessions to be let out at any of the facilities in this airport, they would be handled
by MSEA, because the City... remember, the City... because of the Charter amendment, the
Watson Island Charter amendment, we cannot concession...
Mayor Carollo: But if we give them a management contract on the helicopter side...
Ms. Bru: Give who a management contract?
31
June 26, 1997
Z:
Commissioner Plummer: The City.
Mayor Carollo: MSEA will be giving a management contract to the City to manage a heliport.
Ms. Bru: I think those are things that we probably need to look at carefully before...
Commissioner Plummer: Wait a minute. You're telling me this item is premature before this
Commission.
Ms. Bru: No, Commissioner, we're not saying that.
Commissioner Plummer: I'm asking...
Ms. Bru: That's just an operational... I guess fine-tuning. We would be fine-tuning the
document later on. But I just want to make it clear that the City is not going to be licensing or
awarding concessions, because we're not authorized to do that without a referendum in Watson
Island.
Commissioner Plummer: Fine-tuning is how Mr. Cardenas makes a lot of money. Mr. Mayor,
what I'm asking is, is that it be written into this interlocal agreement that the City is going to be
the management of the heliport. And I don't think -that's unreasonable.
Mayor Carollo: That's what we've been discussing here now.
Ms. Bru: Yeah. Management, just the management.
Mayor Carollo: This is why Jack and I sat for hours and hours trying to figure out what we have
brought forth here today, so that the City can maximize the amount of dollars it would earn here,
and that it could go directly to the City, not through another entity.
Commissioner Plummer: I'm glad you saw my point from the last meeting.
Vice Mayor Regalado: Mr. Mayor, just a comment.
Commissioner Hernandez: May I finish my...
Mayor Carollo: Hold on. Do you still have anything to say or that you can remember after...
Commissioner Hernandez: My train of thought was sidetracked, but let's go back to a hundred
thousand with the Visitors Bureau. That's something to be negotiated. Right?
Mayor Carollo: Yeah.
Mr. Luft: That would be... That would reappear in the agreement we would have to bring back
to you.
Commissioner Hernandez: All right. And you're looking at the possibility if we run the
heliport, the City of Miami, leaving us approximately a hundred and fifty thousand dollars
($150,000)?
Mr. Luft: After we pay the ground rent, which is the common area maintenance fees that the
agreement would require back to the airport, there's a net return, profit, as the fixed base
operator of the heliport, to the City, we're projecting of a hundred and fifty thousand.
32 June 26, 1997
Commissioner Hernandez: The Visitors Center as well as the Pan Am Air Bridge would be
subject to - and I know that there's ongoing litigation - would be subject to paying all types of
municipal fees?
Mr. Luft: Yes.
Commissioner Hernandez: No taxes on the part of the Visitors Bureau, because we own the
building.
Mr. Luft: Correct.
Commissioner Plummer: And they're a nonprofit. But...
Commissioner Hernandez: And...
Commissioner Plummer: Excuse me, excuse me. They are going to pay municipal fees in lieu
of taxes. Correct?
Mayor Carollo: Commissioner, can we let Commissioner Hernandez finish?
Commissioner Plummer: All right. But I just...
Mayor Carollo: Thank you.
Commissioner Plummer: I've asked for a clarification.
Mayor Carollo: I appreciate it. We'll get back to that one. Go ahead.
Commissioner Hernandez: And finally, I just... I think, for the record, and I think it's been
stated in the past. It's important to state that Pan Am will not be subject to any type of
exclusivity, because it would be against FAA regulations and law. Right?
Mr. Luft: Right. The apron areas, the ticket counters, all of those are common public areas. If
they choose and you approve under this agreement their right to build a hangar for their
operational maintenance, of course, that building facility would be theirs. But any passenger
deplaning and planing areas would be common and open to any carrier.
Commissioner Hernandez: One last question. If... Let's say we would have to litigate the
matter with Pan Am and we would succeed in the litigation, and we would be able to evict them
from the area. I would assume we would have to pay them back for their investment on the
ramp?
Mr. Luft: I wouldn't make any such assumptions. I don't know. Those are fixed improvements
on the site, and there are several ways to look at that. But I think what we have right now is a
court stipulation that neither side would make any statements or take any actions that would
challenge the rights of the other at this point.
Commissioner Plummer: Get down to the bottom line.
Commissioner Hernandez: OK. Yeah.
Mayor Carollo: That's really a legal matter that we could get into later.
Commissioner Plummer: Getting down to the bottom tine.
33 June 26, 1997
Commissioner Hernandez: Go ahead.
Commissioner Plummer: Just... If I may?
Mayor Carollo: Vice Mayor,
Vice Mayor Regalado: OK. Mr. Mayor, I was one of the members of this board that opposed
the original plan, although I insisted in building the Visitors Center, because any major important
city in the world needs to have a Visitors Center. This is long overdue, because no tourist can
get to Merrett's office, even if they want to. It's very difficult now. But I think that the
Administration has come up with a plan, and although we have the fine-tuning to do, I think... I
think that it's about time that this City start some kind of construction, that the best view that we
can see in Watson Island is construction workers, because this will be a symbolic thing that the
City of Miami is moving forward, that we are not paralyzed, as many people say we are, that if
we have to resolve some question, we need to say to the Administration to come back as soon as
possible, because the more that we wait, the perception grows that this City is not doing anything
for the benefits of its citizens. So I am ready to vote. I am ready to go ahead. And I would ask
the Administration to come back, if they can, next week. If there is a will on the part of Pan Am,
on the part of Merrett, and I know that there is, on the heliport, let's get this thing going. We
need to have this kind of project, or any kind of project, but this is the closest that we can get.
So I'm ready to move. I'm ready to vote, and I just hope that the groundbreaking ceremony
could happen as soon as possible, because the people of Miami do need something to see,
something to realize that this government and this City is moving forward.
(APPLAUSE)
Mayor Carollo: Is that a motion, Mr. Vice Mayor?
Vice Mayor Regalado: I make a motion to approve...
Ms. Bru: Mr. Mayor and Commissioners, before you vote, can we clarify how many acres it is
that... because the resolution states eight acres, and then I'm not sure with Jack's presentation...
Mr. Luft: What we would like to suggest, and I think the Mayor has suggested, is that this be
five and a half acres...
Mayor Carollo: Five point six.
Mr. Luft: ... five point six, and that we would always reserve the option at any time to adjust that
boundary, if you choose to include the parking, depending on the mechanism we use to build the
parking. It may or may not be inside the MSEA lease, but right now, I think it's probably wiser
to include the parking within the MSEA lease, with the understanding that the airport boundary,
the aviation is just the five acres.
Mayor Carollo: Well, do we really need to include it in this other lease, Jack? Because, I mean,
that's going to go to the use of the rest of the island, both parcels on either side, the 15 acres on
one side, an additional eight acres on the other, and it's going to go to the usage of the Parrot
Jungle project on the other side of the island. In fact, by our contract with Parrot Jungle, we
need to make this kind of parking on this side of the island. So the City of Miami is obligated to
build that kind of parking in that side of the island. So unless there's a real need that we have to
do it... for instance, because we're going to use some of these dollars also to build that parking
lot, therefore, we need to include it for that reason, then I would say yes. But if we do not have
to, I'd prefer to leave it out.
34 June 26, 1997
Mr. Luft: Because Parrot Jungle has not filed their development plans, because we have not
done the calculations on their parking, it still remains to be seen what amount, if any, they would
have to build on the south side, which, of course, would enable us to build this facility. I'm
being cautious. If, by chance, Parrot Jungle does not need to build parking on the south side,
then we would have to turn to other means - through MSEA, perhaps, or through a private
parking operator - to provide the parking. I'm assuming that the City is not paying to build with
cash out of its pocket the parking lot. So if it works out that Parrot Jungle is not the developer of
the parking, the contributor of the funds for the parking, then we may need to go through a
private operator as a part of the MSEA agreement to build the parking. It's just an option.
Commissioner Hernandez: Jack, but there is a benefit that the parking lot area is included with
MSEA, isn't it?
Mr. Luft: It would give us the flexibility of moving ahead without the Parrot Jungle, if they're
not going to be a part of this. to build the parking that would need to be there for this facility
anyway. The MSEA could contract with the private parking operator to provide the facility
parking. If we were to try to do it otherwise, basically, our only other option would be to go
through the Off -Street Parking Authority.
Mayor Caroller Just by chance, we have Bern Levine here, the owner of Parrot Jungle. If he
could clarify or add any wisdom to the words of Jack Luft.
Mr. Bern Levine: Well, thank you for allowing me this opportunity, Mayor and Commissioners,
to talk. I would like to say that Parrot Jungle is very much in favor of this project, and that the
Visitors Center on Watson Island is going to be a tremendous thing for the whole community,
for all of South Florida. As to the parking, we have had discussions with Clark Cook and Off -
Street Parking, and we have had several discussions, and they are willing to get involved in
doing a central parking system on that side.
Mr. Cardenas: Mr. Mayor, if I can, just a legal technical point, and that is, as we begin
negotiations now with MSEA for a lease agreement, as will Merrett and we will... part of the
negotiations, of course, involved parking space. And the only legal issue I bring is, we don't
mind entering into separate agreements, as long as we all do it simultaneously, and I think you
can understand that. Now, I would think that from the standpoint of keeping revenues... And I
do think that that parking facility will be a significant revenue producer for you - Parrot Jungle
overflow, the Convention Center at Miami Beach, and others - that it may be of interest to you to
have MSEA have control of that site. But, of course, that's a policy decision you make. From
our perspective, we just want to make sure we have a legal document, as I'm sure Merrett will, at
the end, that provides parking.
Mayor Carollo: That's understandable. We understand that. The one thing I assure you is the
agency is not going to be doing the parking there. It's going to be the Off -Street Parking
Authority, not... at least the way that it stands.
Commissioner Hernandez: Mr. Mayor, I'm ready to second the motion.
Mayor Carollo: OK. There's...
Commissioner Plummer: Discussion. Make sure that there's two items included, the...
Mayor Carollo: If I may ask again of the Director of Planning, or the City Manager, or our
Legal Department, if you suggest that we can leave the parking out and leave it at only the five
point six, or if you feel that we need to include it. We could always come back and include it, if
there is a need, but...
35 June 26, 1997
Mr. Luft: I think it's fine if you want to leave it out now. If we, in the future, need to include it,
we can come back and amend the boundary through the interlocal.
Mayor Carollo: Yeah. Obviously, we all understand here that if before the contracts are entered
into, we would have to, at the same time, from the City's side, then, resolve the contracts as to
parking then, since the parking will not be included in the MSEA side.
Commissioner Plummer: Mr. Mayor, just a clarification of two points. Number one, that
Stierheim will be paying municipal fees, is my understanding, for that building for police, fire
protection; and number two, that, in fact, written into the interlocal is the City operating the
heliport.
Mr. Luft: Yes.
Commissioner Plummer: That's understood? I'm ready to vote.
Mr. Luft: OK.
Mayor Carollo: There's been a motion and a second. Before we vote upon this, I'd like to make
one last statement on this whole matter. The only reason that the Sports and Exhibition
Authority got involved in this was to help the City of Miami. None of the members of the Sports
and Exhibition Authority have any interest, whatsoever, in anything that involves this project
outside of helping the City of Miami. If the Sports Authority did, we could have just asked the
City for this land, for the nineteen million dollars ($19,000,000) that we gave the City to get the
City out, yes, of a real deficit. Nineteen million dollars ($19,000,000) could have paid more than
double for the land that we're discussing here. At the same time, to put in perspective for the
people that are here, and seeing this at home, just what we have accomplished for the City in real
dollars. If you look at the five million dollars that the City of Miami is getting for free, a brand
new building with a Visitors Welcoming Center, with some 5,000 feet of office space for the
City's use and some of its agencies' use, if you look at what the City is getting in actual dollars
that we will own, in a new building, heliport and so forth, it's over five million dollars
($5,000,000) that the City of Miami will be receiving. To put this in terms that could be
understood even more, we're getting five million dollars ($5,000,000) for free. It's not costing
the City one cent for five and a half acres... five point six acres. If we were to translate that into
what we should be receiving then, up front, from the Maritime Park land, from the County, in
exchange for those 60 acres, which are 11 times the size of the deal we're doing here today, the
County would have to come up with fifty-five million dollars ($55,000,000) down. So I think in
the equivalent that I'm giving here, we could begin to understand just how good of a deal this is
for the City, just in up front dollars alone. Now, let me take it one step further. As we pointed
out here in the first year - and it's going to go up every year - we're going to be receiving for the
City of Miami well in excess of four hundred thousand dollars. Again, if we would translate
that, and incorporate it into the Maritime Park deal, that's 11 times the size of the five point six
acres that we have here. That would translate that they would have to pay us in initial lease
payments to over four million four hundred thousand dollars ($4,400,000). And the most that we
have been discussing over there was around four million dollars ($4,000,000) a year before...
down the line CPI (Consumer Price Index) increases would kick in, and the increases we would
have in this lease would be, percentage -wise, much more than we would have on the other lease
that was offered to us. So as you can see, strictly from the up front financial gain to the City of
Miami, this is a fantastic deal. And as I said before, we should get one like this every week,
because then that would mean the City of Miami would be back on its best footing ever, real
soon. Commissioner.
Commissioner Plummer: I have one other question.
36 June 26, 1997
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Commissioner Gort: Mr. Mayor, excuse me.
Commissioner Plummer: Go ahead.
Commissioner Gort: Thank you, sir. First of all, I want to congratulate the Planning Department
for coming back and listening to us, and I think you came out with the great project. It makes it
a hell of a lot better. At the same time, I'd like to thank the members of the Chamber of
Commerce that are here. This was part of the goal conference also, and they have made a
commitment that they're going to be getting involved with us. This decision we're taking here
today shows to the world that Miami is ready to go, and to become what it's destined to be - one
of the major cities in the world. People are landing in heliports, and they're being used more by
the private sector and private individuals. The view that you get coming in from the east into the
City of Miami is the most beautiful view I've seen. And I've travelled quite a few places in the
world. It's the most beautiful view there is. So this not only is going to be a money maker, the
project itself, but I can assure you that whatever RFP we put out for the rest of the land is going
to be enhanced so much by this project, that we're going to see the benefits of it. I think the...
And this shows that this Commission is willing to work together. We're willing to work with
our staff, but most importantly, that we work as a team. Everybody is here today, and I want to
thank you all for being here.
Commissioner Plummer. Mr. Mayor, there was an issue raised at the last meeting in reference
to... I think it was the heliport, Jack, that this agreement is for 45 years. But...
Mr. Luft: The MSEA part is, but the... The State law limits any subleases that we would do for
airport purpose, such as the seaplanes or what...
Commissioner Plummer: Is that written into the local... interlocal agreement?
Mr. Luft: ... for 30 years. The 30 years is the maximum lease under State law for airport -related
uses. If we accept the FDOT funds, which I think is absolutely required on this, we enter into a
set of 20-year lifelong assurances to accept that money.
Commissioner Plummer: Is that understood and a part of the interlocal agreement?
Mr. Luft: Yes.
Commissioner Plummer: Because I didn't see it in there.
Mr. Luft: Well, by accepting this MSEA deal, we're not... we're not actually accepting the
money. That's a separate contract with FDOT that we would bring back to you in those
assurances. And that's a 20-year agreement with them.
Commissioner Plummer: Thank you. Mr. Gort, I've been here 27 years, and I hope that what I
see of the smiling faces of the Chamber of Commerce of Miami here this morning, which is
more than I have ever seen in the 27 years that I've been here, continues to put their shoulder to
the wheel to better this City, because I have to tell you, the past 27 years has been quite dismal.
So they're showing a new spirit here today. I hope they put some dollars towards some great
projects in the City of Miami, and I hope that we see this kind of representation in the future.
Commissioner Gort: J.L., this is a new area. Maybe you've kept them away, I don't know. I
have created a good relationship with them, I've been part of them, and they've been very
helpful. I think that the...
37 June 26, 1997
min
Commissioner Plummer: Time will tell.
Commissioner Gort: ... the Chamber has contributed quite a bit to the improvement of this
community, a lot of the problems that we've had.
Commissioner Plummer: OK.
Commissioner Gort: And there is a new world. These are new times, J.L.
Commissioner Plummer: I plan on being another... around another 27 years, and we'll see
whether or not...
Mayor Carollo: Any further statements by the members of the Commission?
Commissioner Hernandez: I'd just like to commend Jack Luft for bringing an excellent
alternative to the last plan that came before us. And I want to really second what Commissioner
Gort said, because that made... We had a meeting last week - actually, this week - with the
representatives that are here from the Chamber of Commerce, and they made a commitment to
me that they said they would make with the entire City Commission, that they were going to
work with us and help us with anything they could to promote the City and really make this a
better place for us to live.
Mayor Carollo: Is there anyone from the public that would like to make any final statements?
Vice Mayor Regalado: I just want to ask, when are we going to begin construction?
Mr. Luft: We're going to...
Commissioner Gort: Let's vote on it first.
Mr. Luft: We are going to proceed with our architectural selection this week. We have to first
design the facility. Get the construction blueprints and plans. Bring them back to you. Get
those approved, and then we will go out for bid.
Commissioner Plummer: I'm very pleased to see Mr. Luft leaving today with a much "smiler"
face than he left at the last meeting.
Commissioner Gort: Mr. Mayor....
Mayor Carollo: If we could have Merrett Stierheim address us.
Mr. Merrett Stierheim: I know the vote hasn't been taken yet, so...
Commissioner Plummer: Be careful.
Mr. Stierheim: And I'm so pleased that Bill Collum...
Vice Mayor Regalado: Let's go ahead and vote before you...
Mr. Stierheim: No, Bill Collum and the leadership...
Commissioner Gort: Let's vote first.
Mr. Stierheim: But I also want to acknowledge the hotel... Greater Miami and the Beaches Hotel
Association, Stu Blumberg; the Sunny Isles Hotel and Resort Association; Bill Lone (phonetic),
38 June 26, 1997
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VI't,4
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the host committee; Victor Lopez, Hyatt. I mean, we have a whole raft of bureau board
members and people involved, and I appreciate everybody turning out. And we are anxious to
sit down at the negotiating table and break ground soon. Thank you.
Mayor Carollo: Thank you, Merrett. And thank you, all of you that took time out of your busy
schedule to meet with us today, and to be present here. I think it's very important for the City of
Miami to have a close relationship with the Chamber, with the Hotel Association, with the host
committee. That's the only way that we could make Miami into the kind of City that we all
know it could be, the best City anywhere in the world. So we thank you very much for being
here.
Commissioner Plummer: Mr. Mayor, before the Chamber...
Mayor Carollo: I call the question.
Commissioner Gort: Call the question.
Commissioner Plummer: No, no, before the Chamber leaves, I...
Mayor Carollo: I call the question.
Commissioner Plummer: All right, call the question, because I got another thing I have to bring
up. Go ahead.
The following resolution was introduced by Vice Mayor Regalado, who moved its adoption:
RESOLUTION NO. 97-420
A RESOLUTION, WITH ATTACHMENT(S), APPROVING AN INTERLOCAL
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI (THE "CITY") AND THE MIAMI SPORTS AND EXHIBITION
AUTHORITY ("MSEA") PROVIDING FOR THE DEVELOPMENT, OPERATION
AND MANAGEMENT OF AN AIR TRANSPORTATION FACILITY, REGIONAL
VISITORS CENTER, AND RELATED FACILITIES (THE "PROJECT') TO BE
LOCATED ON WATSON ISLAND; FURTHER APPROVING THE CONVEYANCE
FROM THE CITY TO MSEA OF A LEASEHOLD INTEREST IN A PARCEL OF
LAND, CONSISTING OF APPROXIMATELY TEN (10) ACRES LOCATED ON
WATSON ISLAND, FOR THE PURPOSE OF DEVELOPING AND OPERATING
THE PROJECT.
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June 26, 1997
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4
(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
f adopted by the following vote:
i
AYES: Commissioner J.L. Plummer, Jr.
1 Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
(APPLAUSE)
----------------------------------------------- ----------------------------------------------------------------
12. (A) COMMENTS UPDATING COMMISSIONERS ON STATUS OF FEC
PROPERTY NEGOTIATIONS.
(B) COMMENTS REGARDING MIAMI TODAY'S ARTICLE THAT
DADE COUNTY IS PROCEEDING WITH MARITIME PARK
AGREEMENT.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, the reason for my asking the question before the Chamber
leaves, I have noted, with interest, on television that there seems to be some kind of ongoing
negotiations with the County in reference to FEC (Florida East Coast) and the Maritime Park,
which was my full understanding of this Commission that those... all negotiations ceased that
Monday at five-o-one p.m., unless they came back meeting the minimum criteria set by this City
Commission. And I'm just wondering whether or not - because I saw where the opposite side
had rebuffed anybody from being involved on their side - that the Chamber should, I think,
definitely be involved. I think the Chamber needs to sit down and to analyze this City's position,
which I have stipulated from day one, I think is fair, and that we're not going to be a fire sale.
And, Mr. Mayor, I would hope somewhere along the day, if there has been further negotiations
beyond that which we said was "amen" on Monday at five o'clock, that we would be discussing
that issue. And I don't know that you want to discuss it before the Chamber people left, but I
sure would like to be brought up to date.
Mayor Carollo: Commissioner, if I could say the following: As the spokesperson, the official
spokesperson, by the Charter of the City of Miami, which is our Constitution, I am the one that
has to speak on behalf of the City on any of these type of negotiations. I think there is a very
real possibility that as early as maybe Monday or Tuesday, early next week, we might be getting
an offer from the County again. If that is accurate in my assumption of it, then I will quickly, as
I have always done throughout the negotiations, so inform this Commission so that we can
discuss it in an open meeting.
Commissioner Plummer: Well, it's my understanding, Mr. Mayor, you are absolutely correct.
You are our designated spokesman. This Commission, though, did give you the purviews and
the latitudes which you have concurred with, as far as what was the minimum that this City
would accept for the parcel of that property.
40 June 26, 1997
Est
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Mayor Carollo: I understand that.
Commissioner Plummer: And as such, I have to assume, and correct me if I am wrong, that at
any point of the negotiations, you, carrying the word of this City Commission's unanimous vote,
that the City would not accept anything less than that which we proffered.
Mayor Carollo: The County, from day one, has been informed as to the position of this City,
Commissioner.
I
Commissioner Plummer: Mr. Mayor, my only fear is that every time the County has come back
with a new offer, it's been about ten or twelve million dollars ($12,000,000) less than their
previous offer. So that's...
Mayor Carollo: Well, I don't think that that will happen any longer, Commissioner.
Commissioner Plummer: All right, sir. I'm just wanting to go on the record to just understand
where we are, because it -was my understanding that the Manager was instructed to immediately
proceed to try to find some valuable use of that property.
Mayor Carollo: Well, the instructions that on past resolution this Commission voted for
unanimously was the Administration was supposed to come back sometime in September, with
an RFP for us to approve.
Commissioner Plummer: OK. I read in the Miami Today that... You know, one of the strongest
points that I've been trying to make is the Maritime Board. You will recall, and I think this
Commission has agreed that that is an understanding that we'll not backtrack on. Yet, in the
Miami Today, I read that they are proceeding - the County - with a Maritime agreement, not
including the City of Miami, and they're out there doing things as if they owned the property.
So I think that somebody along the line needs to tell them, the only way you're going to own that
property is meet the minimum criteria set by this City.
Mayor Carollo: You just told them, Commissioner.
Commissioner Plummer: So be it.
Commissioner Gort: Gotcha. Thank you.
Mayor Carollo: Thank you all very much.
Mayor Carollo: Can we take a brief five minute recess?
Commissioner Plummer: American or Spanish?
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 10:57 A.M. AND RECONVENED AT 11:26 A.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPTING COMMISSIONER HERNANDEZ, FOUND TO BE
PRESENT.
41 June 26, 1997
----------------------------------------------------------------------------------------------------------------
13. APPROVE ACQUISITION OF LEASE FOR HYATT HOTEL BY HYATT
CORPORATION FROM AETNA LIFE INSURANCE COMPANY --
AUTHORIZE MODIFICATION AGREEMENT.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: We are now on item number nine in the...
Commissioner Plummer: Move it.
Mayor Carollo: ... agenda.
Commissioner Plummer: Move it.
Mayor Carollo: It's been moved by Commissioner Plummer. Second by Vice Mayor Regalado.
Commissioner Gort: Which item?
Commissioner Plummer: Nine. Mr. Mayor, for the record...
Commissioner Gort: For the record, I need to ask a question.
Commissioner Plummer: Sure.
Commissioner Gort: Mr. Attorney? I brought in the... No, the question is to you, sir.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Uh-huh.
Commissioner Gort: I brought in the NALEO (National Association of Latin Elected Officials)
Convention that... they did the whole thing of the Hyatt. Because of the reason that we brought
in the convention and so on, I was given a room at the Hyatt, a suite in there. Would that be a
conflict of interest?
Mr. Jones: Who wanted...? I am sorry.
Commissioner Gort: OK. The NALEO Convention was brought to the Hyatt by myself. I was
the... one of the co -hosts of the convention.
Mr. Jones: Uh-huh.
Commissioner Gort: They came to the Hyatt. Because of the convention being held there, I was
given a suite to be used during the convention.
Mr. Jones: Uh-huh.
Commissioner Plummer: Hospitality.
Commissioner Gort: I just want to make sure if this could be considered conflict of interest for
me to vote on that.
42 June 26, 1997
.s7
Mr. Jones: No, I don't think... It is not necessarily a conflict of interest. I think what it boils
down to is whether, in fact, that is tantamount to a gift of sorts, that the value of which you
would have to report.
Commissioner Gort: OK.
Mr. Jones: OK.
Commissioner Plummer: Let me compliment staff on this, Mr. Mayor. And I want to make sure
the terminology is understood. This is a better deal. It's still not a good deal. It's better than we
have had before. I spoke with the Manager this morning. I still say that one of the major
problems that this City has with the Hyatt Hotel is not the Hyatt Hotel, and it's not with Aetna.
It's with the University of Miami, who stood before these microphones and said to this City that
they were going to be bringing into that facility 100,000 professionals a year in continuing
education. And for that reason, we allowed the University of Miami to buy into that facility at
three and a half million dollars ($3,500,000). Those facilities that are designated to the
University of Miami almost, I could say, have never, ever been used. They will not vacate them
and give them back to the City of Miami. They have not brought in professionals which would
have filled up hotel rooms, banquet facilities, restaurants, and all of that of the Hyatt Hotel,
which would have in fact, put them over the minimum threshold for the City to make its
percentage, which we never made from this hotel. And I have suggested to the Manager that he
have a prayer meeting with the University of Miami about those promises they made to this City
that they did not keep, and that if, in fact, they do not acquiesce to something that is reasonable,
and a compromise to this City, that he converse with the City Attorney to find out whatever
measures we can insist upon to try... in fact, make them do what they promised this City. So I
move item 9. It's a better deal. I would like to have had a better deal, but it's at least a step in
the right direction.
Mayor Carollo: Well, to really get a fair deal on this one, we would have to go back to day one
and redo the contract all over again. But...
Commissioner Plummer: That's right.
Mayor Carollo: ... that was something that was done several decades ago, and, unfortunately,
can't be completely undone, to our disadvantage. So, this is the best that we could do.
Vice Mayor Regalado: Mr. Mayor, we are getting a better deal, and I have no problem at all.
The only thing that I want to say, if we, the City, can have some kind of say, or if we can get into
the business of the parking there, because as I told Christina, and she agrees, the situation of the
parking in the Hyatt is a very complicated one, and it's very expensive for the people to go to
that place, be that the hotel or the center. So I don't know, Christina, if you have any answers in
terms of what can we do to get lower rates for parking in that center?
NOTE FOR THE RECORD: Commissioner Hernandez enters the
Commission chamber at 11:31 a.m.
Ms. Christina Abrams (Director, Public Facilities): In the agreement, it says that Hyatt will use
its best efforts to assist the City in protecting Convention Center visitors from excessive parking
charges, and in securing adequate compensation from the parking concessionaire for Convention
Center events.
43 June 26, 1997
tC
Commissioner Plummer: Commissioner, if I may just give you an insight into this. The valet
parking that exists there today in the front of the hotel is not supposed to be for the purposes of
any of the shows, or any of the activities in the Convention Center. It was never designed for
that, never intended to be that. That is why the parking structure is there, and that was to be for
convention facility. Now, where you are running into the problem, the valet parking originally
designed was solely for the purposes of the hotel and the hotel guests. And what you are seeing
today is that everybody is using the valet parking, and they are not using the parking structure
that is across the street, which was designed for the Convention Center. And as such, I think that
you will find that the City does not have the authority nor the ability to go into parking in public
facilities. That is exclusively the right of the Off-street Parking, except in the cases where they
are nothing more than the management.
Vice Mayor Regalado: Well, but you know, when you go to the beach and there is riptide, they
place flags there. So we should have signs saying to the people, "Warning, you are going to be
charged fifteen dollars ($15) if you valet park here in this center. You better park across the
street." Because we spoke about the... when INS (Immigration and Naturalization Services) had
a ceremony there, they charged fifteen dollars ($15). And it was funny, but when the President
of Nicaragua was here and some people went to see him at the Hyatt, well, they charged more
than fifteen dollars ($15), and as a matter of fact, some cars were towed. So the President of
Nicaragua does not want to come back to the Hyatt anymore. But...
I Commissioner Plummer: Well, I'll think that you will find certain things over at Bayside... I am
I not going to mention any company, but on certain occasions, one of the businesses at Bayside
charges twenty-five dollars ($25), payable in advance, to park. It's not the Bayside operation,
it's on the water side.
i
Vice Mayor Regalado: Well, J.L., I just mentioned that because I think that will be unfair for the
people that will go to either concerts or anything, any activity in the center. At least they should
know that what...
Commissioner Plummer: They should post the rates.
Vice Mayor Regalado: Right.
Mayor Carollo: Any further statements...
Commissioner Plummer: Either that or take the People Mover.
Mayor Carollo: ... or questions from the members of the Commission on this item?
Commissioner Gort: I have a question.
Mayor Carollo: Go ahead.
Commissioner Gort: It was not on this item but the... Do we have an exclusive contract with the
University of Miami? Are they the only ones that can use those facilities? Or, is the hotel
available to use... or anybody else can use these facilities?
Ms. Abrams: Yes. It's a 40-year lease agreement with two options for renewal. Excuse me.
Commissioner Gort: In other words, they have the exclusive use of those facilities?
Ms. Abrams: They have a lease for that...
44 June 26, 1997
a
Commissioner Plummer: Oh, yeah.
Ms. Abrams:... portion of the facility that they use.
Commissioner Gort: And they pay...?
Ms. Abrams: And it's a 40-year lease with two 30-year options for renewal unless the attorney...
Commissioner Gort: What do they pay for that lease?
Mr. Edward Marquez (City Manager): They made an up -front payment of...
Commissioner Plummer: Three and a half million.
Mr. Marquez: ... three and a half million.
Commissioner Gort: OK.
Commissioner Plummer: Yeah.
Commissioner Gort: OK.
Commissioner Plummer: And actually, they didn't pay it. It was paid by Knight Ridder. And
that was to get his name on the building, and to allow them to be an occupant of the building.
Commissioner Gort: OK. Thank you.
Mayor Carollo: OK. Any other questions? Hearing none, is there a motion for...?
Commissioner Plummer: I made a motion.
Mayor Carollo: There is a motion by Commissioner Plummer.
Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Hernandez. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
45
June 26, 1997
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The following resolution was introduced by Vice Mayor Regalado, who moved its adoption:
RESOLUTION NO. 97-421
A RESOLUTION WITH ATTACHMENT, APPROVING THE ACQUISITION OF
THE LEASE FOR THE HYATT HOTEL BY THE HYATT CORPORATION OR ITS
AFFILIATE ("HYATT"), FROM AETNA LIFE INSURANCE COMPANY
("AETNA"), SUBJECT TO THE CITY AND HYATT ENTERING INTO AN
AGREEMENT TO MODIFY THE LEASE AND ACCOMPLISH THE OBJECTIVES
SET FORTH IN EXHIBIT "A", ATTACHED HERETO; AUTHORIZING THE CITY
MANAGER TO EXECUTE A MODIFICATION AGREEMENT AND SUCH OTHER
DOCUMENTS AS MAY BE NECESSARY TO CONSUMMATE THE
TRANSACTION CONTEMPLATED HEREIN, SUBJECT TO THE APPROVAL OF
THE CITY ATTORNEY; PROVIDING FOR THE EXPIRATION OF THE
PROVISIONS OF THIS RESOLUTION SIXTY (60) DAYS FROM THE ADOPTION
HEREOF.
(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.
----------------------------------------------------------------------------------------------------------------
14. APPOINT ANTHONY BLATLY / VICTOR MONZON-AGUIRRE / JUDY
CANNON / JUAN REYES / ANNA-MARIE LEMOINE TO REVIEW
COMMITTEE TO EVALUATE FIRMS TO PROVIDE WORKERS'
COMPENSATION MANAGED CARE PROGRAM FOR CITY.
Commissioner Plummer: This is naming... Item 10 is naming to the committee.
Mayor Carollo: Yeah. Item 10...
Commissioner Plummer: I forwarded to you... You gave me a list of names, and I... my
appointment is Mr. Tony Blatly.
Mayor Carollo: How many members do we need to appoint to this committee?
Chief Frank Rollason (Director, General Services Administration): We need five, one from each
member of the Commission.
M.
June 26, 1997
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Mayor Carollo: OK. And we have to choose from the ten that we have before...
Chief Rollason: You can choose from that list of ten, or you can appoint anybody else that you
prefer. I was directed to or requested to provide a list of ten at the last meeting, so I did that.
But it's not restricted to that.
i Commissioner Gort: I'll appoint Victor Muzon-Aguirre.
Chief Rollason: And I think we need to pass the... I think the motion needs to be passed first,
and then make the appointments, because there is a motion to do this... a reso there to do that.
Mayor Carollo: OK. I will name Judy Cannon.
Commissioner Gort: I'll move the motion.
Commissioner Plummer: Well, I'm just waiting for our two colleagues.
Vice Mayor Regalado: All right. Anna -Marie Lemoine.
Commissioner Hernandez: Mr. Juan Reyes.
Mayor Carollo: OK.
Commissioner Plummer: I move that the names proffered be accepted.
Mayor Carollo: There's a motion by Commissioner Plummer, second by Commissioner Gort.
All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
Commissioner Gort: My understanding was we needed to pass the resolution first.
Mayor Carollo: Excuse me?
Chief Rollason: Right. The reso needs to be....
Mayor Carollo: That's right, the resolution. I'm sorry. I had it blocked up here.
Commissioner Plummer: That was the reso.
A. Quinn Jones, III, Esq. (City Attorney): The resolution is appointing members to review.
Chief Rollason: Right. Is that...
Mr. Jones: Yeah.
Commissioner Plummer: Yeah, that's it.
Mr. Jones: Fine.
Chief Rollason: Takes care of it.
.47 June 26, 1997
Mr. Jones: Yeah.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.97-422
A RESOLUTION APPOINTING MEMBERS TO A REVIEW COMMITTEE
(COMMITTEE TO EVALUATE AND MAKE A RECOMMENDATION OF THE
PROPOSALS RECEIVED IN CONNECTION WITH A REQUEST FOR PROPOSALS
ISSUED ON DECEMBER 20, 1996, SEEKING QUALIFIED FIRMS TO PROVIDE A
STATE APPROVED WORKERS' COMPENSATION MANAGED CARE PROGRAM
FOR CITY EMPLOYEES; DIRECTING THE CITY MANAGER TO EVALUATE
SAID COMMITTEE'S RECOMMENDATION AND TO PRESENT HIS
RECOMMENDATION TO THE CITY COMMISSION FOR FINAL REVIEW AND
ACTION.
(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.
15. RATIFY / APPROVE / CONFIRM / CITY MANAGER'S EMERGENCY
FINDING -- APPROVE INCREASE IN CONTRACT WITH DELTA
BUSINESS SYSTEMS/IKON OFFICE SOLUTIONS FOR $100, 000 -- FOR
TOTAL OF $370,628.68 -- FOR LEASE/PURCHASE OF CITYWIDE COPIER
SERVICES -- ALLOCATE FUNDS FROM GENERAL SERVICES GRAPHIC
REPRODUCTION DIVISION, ACCOUNT 921002-610.
---------------------------------------------------------------------------------------- - ----------------------
Commissioner Plummer: I move item 11.
Mayor Carollo: OK. Eleven has been moved by Commissioner Plummer, seconded by...
Commissioner Hernandez: Second by me.
Mayor Carollo: ... Commissioner Hernandez. Mr. Goenaga, you have two minutes to make a
statement, if you would so like.
Mr. Manuel Gonzalez-Goenaga: Yes. It's a clarification. I wonder, why do we need another
hundred thousand dollars ($100,000) when now, they are charging me for 15 cents a copy for
48
June 26, 1997
every piece of paper that I ask? And... 15 cents. I go to the Office Depot, it's four cents. And
why, if they are charging the citizens, who are the owners of the City, 15 cents a copy for each
page, why do we have to pay another hundred thousand dollars ($100,000)? And for the booklet
on the budget, I paid seventeen dollars ($17). So you are charge... Maybe the issue is high
salaries on the existing management. And I will address the Commission properly at that time.
We have to get the bull by the horns.
Vice Mayor Regalado: Mr. Manager, who did not pay the '95 bill?
Chief Frank Rollason (Director, General Services Administration): The... What we've got is a
break-out, and almost all of the departments had outstanding amounts that were left from '95,
and from '96, and from '94 that had to be caught up. But the bulk of it, approximately thirty
thousand, if my memory serves me correctly, was at the end of last fiscal year that departments
had submitted the invoices to be paid out of their current budget, and the invoices were not
processed because of the situation that we were in with the cash flow.
Commissioner Plummer: How long...
Vice Mayor Regalado: Do we have only one company?
Chief Rollason: Yes. We have a contract with one company. Now, right now, we are
evaluating the bids. The bids have come back. We're evaluating the bids for next year's
contract. But... there's one company, but the way the system has been set up is that every
department and entity have had their individual purchase orders. So we've got like 90 purchase
orders out here against that one contract. And it's been difficult to control that in the overages,
and we're going to try to consolidate that, and get it to where it's at one place.
Commissioner Plummer: How long is the new contract proposed to be for?
Chief Rollason: It will be for one year.
Commissioner Plummer: Mr. Manager, I've sent some people to speak with you whose
contention to me - I mean, like a lot of people that are looking for business - could save the City
a million dollars ($1,000,000) a year. Mr. Jim Courbier, did you speak with him?
Mr. Edward Marquez (City Manager): No, sir, but I routed his information to the Procurement
Office.
Commissioner Plummer: All right. Then I'll make sure, because, you know, I don't know that
what he's telling me is true or not true, but I think it's... we're willing to listen to. So he says
that he... He sells security system and software for copying machines, and he claims that he can
save, he feels, this City a million dollars ($1,000,000) a year. I will make sure that he gets in
touch with the Chief.
Chief Rollason: Sure.
Vice Mayor Regalado: But still, what we are being told here is that the past Administration did
not pay the bill. Is that...
Chief Rollason: That's part of it. Part of it is there are outstanding invoices that were not paid.
Part of it is that there are overages that have been run on the individual copy machines that have
not been paid. There have been more copies on the machines than what the amount was that we
originally allocated to the individual departments. Especially in the MRC (Miami Riverside
Center) Building, it's difficult to control who's at the machines now, because the building is
49 June 26, 1997
r1"
open, and people can traverse floors, or come in after hours, and so forth. This next go around,
we are going to put the codes in so that the departments can control who gets on the particular
machines.
Commissioner Plummer: Well, this machine here takes a plug. If you don't have the plug, you
can't use it. Why is it different at the MRC?
Chief Rollason: It just has not been activated. I mean, that system has not been used. But we...
The next contract, we're going to have that in place, and we'll... We've got the contract so that
the machines...
Commissioner Plummer: This guy that I'm talking about sells that security system.
Chief Rollason: Right. Either with a key plug that goes in or with the codes that you put in.
Commissioner Plummer: Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-423
A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION, RATIFYING, APPROVING, AND CONFIRMING THE CITY
MANAGER'S WRITTEN FINDING OF AN EMERGENCY, AND APPROVING AN
INCREASE IN ' THE CONTRACT WITH DELTA BUSINESS SYSTEMS/IKON
OFFICE SOLUTIONS, IN AN AMOUNT NOT TO EXCEED $100,000, FOR A
TOTAL ANNUAL AMOUNT OF $370,628.68, FOR THE LEASE/PURCHASE OF
CITYWIDE COPIER SERVICE, FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION, GRAPHIC REPRODUCTIONS DIVISION;
ALLOCATING FUNDS THEREFOR FROM THE FY '96/97 GENERAL FUND,
ACCOUNT NO, 921002-610, SPECIAL PROGRAMS AND ACCOUNTS.
(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.
50
June 26, 1997
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-----------------------------------------------------------------------------r----------------------------------
16. REJECT BID 96-97-077R FROM ROYAL RENT -A -CAR FOR PROVISION OF
RENTAL POLICE VEHICLES -- SPLIT BID BETWEEN ROYAL AND
INTERAMERICAN WITH PROVISIONS -- ALLOCATE FUNDS ($612,480
FROM LAW ENFORCEMENT TRUST FUND ACCOUNT
690002.029032.4.679).
i
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: We're on item 12, Police Department item.
Mr. Jose Valdes: Good morning, Mr. Mayor, members of the Commission. My name is Jose
Valdes with law offices at 2699 South Bayshore Drive, on behalf of Interamerican Car Rental,
accompanied by Richard Bird, the vice president of the company. And I would like this
opportunity to address the Commission, because the history of this bid and this invitation to bid
at the bid offering is something that troubles us, and is, frankly, unfair. So let me briefly give
you the background on it. The first invitation for bid went out on April the 7th. That was 96...
Commissioner Plummer: Excuse me. Mr. Manager, we have a process for protesting a bid. Am
I correct?
Mr. Edward Marquez (City Manager): I believe so.
Commissioner Plummer: And that protest is not heard by this Commission first and foremost.
It's heard by the department that handles that... I'm sorry?
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: ... Procurement Office. Has an official protest been registered with the
Procurement Office? Have they heard the protest?
Mr. Valdes: I can answer that question, Commissioner Plummer.
Ms. Judy Carter (Director, Purchasing): Yes.
Commissioner Plummer: I pay my people to listen to first.
Ms. Carter: Yes, sir, Interamerican did file a notice to protest the decision that was made by this
Commission to reject the bids and to go back out for bids. Based upon an opinion by the City
Attorney, I was advised that it was appropriate that this protest not be reviewed, because this
Commission, in its authority, rejected the bids and asked that new bids be issued. As a result of
that, I did not accept or receive, if you will, the protest that had been filed by Interamerican.
Commissioner Plummer: On the second bidding or on this bidding?
Ms. Carter: On the second or the last bidding, yes.
Commissioner Plummer: So there's been...
Ms. Carter: The second bidding.
Commissioner Plummer: There's been no protest registered or received in reference to this
which is before us today.
51 June 26, 1997
I"
Ms. Carter: No, sir.
Commissioner Plummer: OK. Mr. City Attorney, my question is, is this protest to be heard by
us first, or is there a procedure in which the protest must be heard before this Commission makes
a decision? I would assume that the protest should be heard by the... Procurement.
A. Quinn Jones, III, Esq. (City Attorney): Well, we... The Code provides for an orderly process
for protest, if timely filed, to be heard by the Procurement Office, and a decision made at that
point. I think what Ms. Carter is trying... is... has said is that at this point, we don't have any
protest and even with respect to the last bidding, based upon your rejection, which you reserved
the right to do, to reject all bids, that whatever was purported to have been filed by Interamerican
did not constitute a protest that needed to be resolved by the Procurement Office or by yourself.
Now, keep in mind, we had a discussion at that meeting, and I advised you accordingly what my
view was. And, of course, since that time, I received correspondence, as you probably have
received as well from Interamerican's attorney, threatening that they are going to bring a lawsuit.
If, in fact, that happens, we'll just have to deal with it. But, you know, I've given you what my
opinion was in that regard.
Commissioner Plummer: OK. And I appreciate that, but we're getting far afield of what I was
trying to get to the bottom. Are we premature in listening to these people protest before us
today, or is there a procedure that they should have followed to make...
Mr. Jones: I don't think it's in the nature... Am I wrong? Is it in the nature of a protest?
Because if it's in the nature of a protest, the Code is very specific that any protests are resolved
at the administrative level. You don't... It doesn't even get to you.
Commissioner Plummer: The losing company being here is not a protest in anybody's book?
Mr. Jones: Commissioner, what I'm saying is that there is a... What I'm saying to you, there is a
process for them to file a protest. OK? Apparently, what I'm hearing from Ms. Carter is that she
has not received anything in the nature of a... that would constitute a protest, timely... timely -
wise or otherwise. So I'm saying there's nothing for you to consider in the nature of a protest, as
a Commission.
Commissioner Plummer: That's my point.
Mr. Valdes: Commissioner Plummer...
Commissioner Gort: Mr. Mayor?
Mr. Valdes: I'm sorry. Our comments are...
Commissioner Gort: Mr. Mayor, excuse me. Mr. Mayor?
Commissioner Plummer: Vice Mayor.
Commissioner Gort: Mr. Vice Mayor.
Vice Mayor Regalado: Go ahead.
Commissioner Gort: My understanding is, from the- phone calls that I've received from this
gentleman is - and I don't have a recollection of that date - that a motion was made to accept the
bid, and then later on, another motion was made to reconsider. I was not present at that motion.
So if somebody can enlighten me on that, I would appreciate it.
52 June 26, 1997
Vice Mayor Regalado: Yes. Hold on. Mr. City Clerk, can you clarify? Do you recall that?
Walter Foeman (City Clerk): I think it's... I'm not... What was the date of the meeting? I'm
going to have to check it. I...
Mr. Jones: Well, I think what happened was the... it came up... The award came up in the
morning. You decided then to award it... to award it or to reject.
Ms. Carter: No, to award the contract...
Mr. Jones: To award.
Ms. Carter: ... to Interamerican.
Mr. Jones: Then...
Commissioner Plummer: Who was the only bidder at that time.
Mr. Jones: ... who was the only bidder.
Commissioner Plummer: The sole bidder.
Mr. Jones: Then there was a motion made, I think, by Commissioner Hernandez for
reconsideration. The Commission voted to reconsider, and upon consideration, they decided to...
the Commission decided to award...
Commissioner Hernandez: No, they rejected.
Mr. Jones: ... no. To reject, to reject all bids.
Commissioner Plummer: Reject and rebid.
Mr. Jones: To rebid.
Commissioner Plummer: Rebid.
Mr. Jones: To rebid.
Commissioner Plummer: Yeah.
Vice Mayor Regalado: So Mr. City Attorney, then where do we stand now? What... Are we
facing any problems if we go ahead with this?
Mr. Jones: Well, you know...
Commissioner Gort: Well, my understanding is that they would like to express their opinion,
and I think they have the right to express their opinion, and we should listen.
Commissioner Plummer: Well, expressing an opinion is different than a protest.
Mayor Carollo: There was only one of us who listened to the City Attorney on this one, so I will
leave it up to the rest of you.
53 June 26, 1997
Commissioner Gort: I wasn't here, so.
Commissioner Plummer: Who was it? Was it you?
Mayor Carollo: Yeah. I told you we had to listen to the City Attorney, but...
Commissioner Plummer: No... Well, you know, my... my long-standing is not one company or
another. My long-standing is six hundred and eighty thousand dollars ($680,000) worth of rental
cars, and we only had one bid. In an industry that we know is dog eat dog, I mean, you know,
it's incredible that we have six hundred and eighty thousand dollars ($680,000) to offer to these
businesses, and we go unbid.
Mayor Carollo: Well...
Commissioner Plummer: And that was the reason, Mr. Mayor, that I was in favor of throwing
the bids out, to see if we couldn't get a better price.
Commissioner Hernandez: And that was my reasoning for the motion.
Commissioner Plummer: Yeah. I... Now...
Mayor Carollo: Which I agree with all of them, but still, we had to follow the law, also. Let's
find a way of...
Commissioner Plummer: Well, the law... the law didn't say we didn't have the right, as a
Commission, to throw them out. And what we exercised was that right that we retained. Now...
Commissioner Hernandez: Mr. Mayor, I got a question for Judy Carter.
Mayor Carollo: Yeah.
Commissioner Hernandez: Judy, the first time you bid this and... I guess the second time we bid
it, they were the only bidders. Correct?
Ms. Carter: They were the only ones that responded at that... on that particular bid, yes.
Commissioner Hernandez: Right. The second time around, we had - what? - four, five bidders?
Ms. Carter: Are you talking about this... this recommendation here?
Commissioner Hernandez: This actual bid now, yeah.
Ms. Carter: I believe it's four...
Commissioner Hernandez: The third time, then. The third time.
Ms. Carter: It's the third time, the... I think it's four.
Commissioner Hernandez: Or fourth time.
Commissioner Plummer: Third.
Ms. Carter: No. This is four bids...
54 June 26, 1997
Ao
Commissioner Hernandez: Four, four bidders?
Ms. Carter: ... that we received for recommendation today.
Commissioner Hernandez: Do you know, since it was the same exact bid, is there a reason why
now, all of a sudden, we had four bidders, and last time, we only had one bidder?
Ms. Carter: First of all, do know that the bid was the same. There was nothing different that we
did to it. One particular vendor, the one that's being recommended here, did not bid. He
received a bid, and he indicated to me his reasons why he did not bid. Historically, such a bid
has been difficult because of the insurance, and the cars, and all that stuff, which all of you all
know. And normally, we do receive the same bids all the time, and it's either from Royal or it's
from Interamerican. The others, as to why they did not bid before, I quite frankly cannot recall
what those reasons were. I do know why Royal did not bid that particular time.
Commissioner Hernandez: Did you enlarge the list of bidders? Is that why we got more
bidders?
Ms. Carter: No. Same bid, same document. We didn't change that at all.
Commissioner Hernandez: Who were the four bidders? Royal, Interamerican and then which
was third and...
Mr. Valdes: Demo Rent-A-Car, and Enterprise.
Commissioner Hernandez: Enterprise is one of them, and the other one?
Mr. Valdes: And Demo Rent-A-Car.
Commissioner Hernandez: And Demo Rent-A-Car.
Ms. Carter: Thank you.
Commissioner Plummer: Well, Humberto, there's another problem that has not been touched on
here today, and as I recall, was a main subject of conversation at the last, and that was in
reference to the insurance. One company provided minimal amount of insurance, and the other
company had a bond of... I don't know, three, two million dollars ($2,000,000), and that was
another one of the main concerns. Now, the point I want to get to, privately, some of the
policemen that are taking these cars have expressed that they are not happy with the company
that's your recommendation. Now, I realize nobody is there to be happy, but I'm asking... You
have a fleet manager, Mr. Chief. I'm asking if, in fact, there is any great dissatisfaction, to your
knowledge, of the company who is being recommended, whether or not. that's a true statement or
not?
Chief Donald Warshaw (Chief of Police): No. There's no... There's no problem, whatsoever.
Commissioner Plummer: All right, sir.
Mayor Carollo: What is the will of the Commission, following the City Attorney's instructions
this time?
Commissioner Plummer: Mr. Mayor, I interrupted this gentleman, and I think we should at least
afford him the opportunity to complete his protest.
55 June 26, 1997
W,
Mayor Carollo: I should have guessed.
Commissioner Plummer: Huh?
Mayor Carollo: I should have guessed that you interrupted him.
Commissioner Plummer: That's right, sir.
Mayor Carollo: Go ahead, sir.
Mr. Valdes: Thank you. OK, let me just give you the background, since Commissioner Gort
was not here when it came up for the second vote on the 7th. When the first bid went out, the
two companies responding, as Ms. Carter indicated, were Interamerican and Royal. Before any
bids were accepted, they were withdrawn to clarify the insurance issue. The bid... invitation to
bid was sent out again on the 16ih day of April under 969784R. When the issue came up, it
passed by unanimous vote. Interamerican was the only responsive bidder. Its bid complied with
all the specifications in the bid requirement. At six o'clock at night, a representative from Royal
Rent-A-Car makes a phone call to the Commission and says: Hey, wait a minute. The reason I
didn't vote... I didn't present a bid, rather, was because the City has been late in paying. And the
City acted upon that representation. But if you think about it, if their reason for not presenting a
bid was because the City was late in their payment, they knew that all along. They knew that
when they made a conscious decision not to submit a bid on the second invitation to bid. So the
City acted upon incorrect information that was provided by the vendor in the case, Royal Rent-
A-Car. The City Attorney - and I give the City Attorney credit for it - objected vociferously
that... to do what was being contemplated, which was to extend the contract with Royal for 60
days, throw out the Interamerican.bid, which otherwise qualified, and rebid it, was to bastardize -
and I'm quoting him - the competitive bidding process, because what you're doing is, you're
opening up negotiations. So every time bids get unsealed, then the next time you rebid, it goes
down by two dollars twenty cents ($2.20), and everybody is trying to underbid each other, and
that undercuts the competitive bid process, not to mention the fact the City had no authority to
extend the contract with Royal that had been expired. As Judy Carter indicated, on the 9th of
May, Interamerican filed a notice of intent to protest, which the City responded on the 13th day
of May saying, we're not going to hear it. Based upon the City Attorney's opinion, we don't
think it applies. On the 13th day of May, Interamerican filed a formal written protest, which the
City refused to even accept. And in that written protest, we did object to the vote of the City and
of this Commission to rebid it. Now, let me get to the bids that were offered on the third
solicitation. Interamerican's bid, Royal's bid, and the other two bids. I'm going to limit my
arguments and comments to Royal's bid. Royal's bid, if you analyze it, number one, is not in the
best interest of the City, and, two, doesn't meet the specifications of the bid. And let me touch
on the points where it doesn't. In their bid, they put language in there that any bills not paid
within 30 days, they're going to tack on one percent per month, because they claim that
historically, the City has paid less. There's approximately a twenty dollar ($20) difference in the
prices between Interamerican and Royal's bid. If the City look....taking the history of it, is
paying bills 60, 90 days, you're going to kick in that provision in the bid that was submitted by
Royal, and that's practically going to wipe out the difference in price. Secondly, the bid
specifications required several categories of cars. Specifically, Bid Spec 41.6 required that all
cars to be provided under the contract had to be six -cylinder cars, or the bids would be rejected.
In the area of their bids, where Royal is stating the types of compact cars they're going to
provide, they put that pursuant to their bid, they're going to provide amongst three categories,
Chevrolet Cavaliers. Well, the only problem is Chevrolet Cavaliers do not come equipped with
a six -cylinder engine. They have two options, both of which are four -cylinder engines in the car.
So on its face, the vehicle they are proposing to meet that category of vehicles does not comply
with the bid specifications, and on that basis alone, this Commission could reject their bid. Well,
let's go further and analyze their bid. In the bid, they're required to state where the service
56 June 26, 1997
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facility is, because you are required to give a rental facility in Dade County, and a service facility
in Dade County who not only service the car, but perform any kind of mechanical work on them.
In Section... In their bid, they list that their service facility is at 1406 L,eJeune Road. That is
their main rental office. They do not have a service facility there. They cannot service cars
there. Let's get into the question of...
Commissioner Plummer: Well, where do... Wait; wait. Where do they service?
Mr. Valdes: They contract it out. But the information provided there is incorrect. That is not
their service facility. So they were providing incorrect information in the bid. And then we get
into the question of suppliers. In their bid, they put that anywhere from 86 to 92 percent of the
I revenues that would be generated under the contract are going to go to their service facilities and
their repair shops. This is important, because any time there is any damage to the car, or any
kind of servicing needs to be done to the car, the City has to pay a deductible. So what is going
to happen... it's going to be a pass -through provision, where they're going to pass on a bunch of
expenses to the City. Now, let's talk about the complaints with services that have been rendered
by Royal Rent-A-Car while being a vendor for the City of Miami. It has come to our attention
that there have been numerous verbal complaints expressed by numerous members of the Police
Department concerning the quality of services and the nature of the product provided by Royal.
And I would ask the Commission, if it so chooses, to ask Major Manresa about those verbal
complaints that have been made.
Major Carter Manresa: I'll address that.
j Mr. Valdes: So in conclusion, what I want to address is that...
i
Commissioner Plummer: Excuse me, sir. Who is the... you mentioned a name, and what is the
name?
Mr. Valdes: Major Manresa.
f Commissioner Plummer: Manresa?
Chief Warshaw: He's right here.
Commissioner Plummer: Oh, all right.
Major Manresa: Yeah, I'll address the issue of the complaints, if you'd like.
Commissioner Plummer: All right. Excuse me. You can address the issue. Why him? What is
his position in the Police Department?
Chief Warshaw: He's the Major in charge of the business management section. He has the fleet
under him and the budget. He's responsible for processing the bills and all of the fleet -related
issues. If you'd like, I'd be more than happy to address the complaint issue. OK. We've put out
memorandums always, as a matter of routine, asking the officers to give us their feelings,
complaints, what have you, on the service of the rental car companies. And that goes back to the
years when we had Interamerican as a vendor. And in the last few years, we've had zero
complaints. In the rental car business, the verbal complaints that you are referring to,
particularly in South Florida, where we've got, you know, peak tourist seasons, oftentimes, these
kind of cars, because they're used for undercover work, there's a problem in changing them and
turning them over, because they don't always have fresh new cars. And the officers sometimes
do get frustrated, you know, They need to change a car in, they can't get the car they want. But
that's not unique to any one vendor. That's just part of the business in general. But absent that,
57 June 26, 1997
i there basically have been no complaints with this vendor or any of the other vendors, as it relates
I to anything other than the changing of the vehicles.
Commissioner Plummer: Would the Major like to make a comment, at the peril of getting your
throat cut?
Major Manresa: No. I agree with the Chief. Basically, the comments, you know, that we get
and the complaints that we get are...
Commissioner Plummer: You've been well trained.
Major Manresa:... are during certain weekends and during certain times of the year.
Mr. Valdes: But be that as it may, the bid submitted by Royal doesn't conform to specs, and
could be rejected on that basis.
Commissioner Plummer: Mr. Attorney, you have heard. Is there a basis for this Commission to
be concerned, or not?
Mr. Jones: Well, as I... I think there still is a basis for you to be concerned.
Commissioner Plummer:, What do you advise us to do, Mr. Attorney?
Mr. Jones: Well, my advice is as I advised before, that, certainly, I think that - and Ms. Carter
can help me out on here - I think that the original... the original bid award that you awarded
comported with the specifications. At this point, it's at your discretion to either again to rebid, or
to make an award.
Commissioner Plummer: Mr. Attorney, what is my motion, legally, today, at your
recommendation?
Mr. Jones: Well, you tell me what you want to do.
Commissioner Plummer: Sir, I want to be legal and do what is right.
Mr. Jones: Well, if you don't... if the... The item before you today is a resolution accepting the
bid. So if you don't want to accept the bid, then your motion would be to reject the bid, and
direct the Administration to rebid.
Commissioner Hernandez: Yeah, -but then... then we're back at square one. Now, we got a
better deal, and now, we're going to go back to what he's saying. We're kind of destroying the
whole procurement process, because now, everyone knows what Royal bid, just like Royal knew
what they bid. So obviously, we're getting a better deal for the City every time, but is it legal
now, at this point in time?
Commissioner Plummer: But I just... I just recommended to Judy -we go back to another bid,
because each time, we come back with a better price.
Mr. Valdes: Well, it's relatively speaking, because when you have...
Commissioner Hernandez: What's the difference in the price, by the way, between what you bid
and what came back this time around? Do you know, Judy? What was the...
Ms. Carter: It's about twenty, twenty some dollars.
58 June 26, 1997
I I I
Mr. Valdes: Twenty-two dollars ($22).
Commissioner Hernandez: Twenty-two dollars ($22)?
Commissioner Plummer: Can I ask one other question, Judy?
Ms. Carter: Twenty-one dollars ($21) difference.
Mr. Valdes: Per car, per month.
Ms. Carter: Per... per car, yeah, per month.
Commissioner Plummer: One of the reasons that I was told that, you know, of the 20 companies
that you sent out the bidding procedure to, only about four companies were big enough to handle
what the City... And really, you wasted money of the postage to send out to the rest. They don't
even have the number of cars that we require. Would we possibly be smart to throw out these
bids and consider both of these companies? Let one.of them have half, and let the other one
have half, and that way, you got better availability of more, of in -stock automobiles. I'm just
asking, would we be better off doing that?
Ms. Carter: At the lowest price.
Mayor Carollo: Vice Mayor, if I could ask you to finish chairing the meeting, because it's past
noon, and I have to make an appointment that I can't miss.
Vice Mayor Regalado: Absolutely.
Mayor Carollo: Thank you.
(VOTE FOR THE RECORD: Mayor Carollo exits the Commission
chamber at 12:02 p.m.
Vice Mayor Regalado: Let's...
Mr. Jones: Certainly, that's a...
Vice Mayor Regalado: This will be the last item, according to...
Commissioner Hernandez: Right.
Vice Mayor Regalado: ... what we said, before breaking for lunch. So...
Commissioner Plummer: All right. Are you ready?
Vice Mayor Regalado: What...
Commissioner Plummer: I'll make a motion that we reject these bids, and that we split the bids,
asking that the award be to two companies.
Ms. Carter: Well, I guess the question is...
59
June 26, 1997
•why �.%�'1, �t
1.
Mr. Jones: Well, you don't reject, then. You want to accept. Then you want to accept the bid of
both Royal...
Ms. Carter: But my'position, and the question to the Attorney is, could we, today, accept both
vendors at the lowest price?
Mr. Jones: Well, if, in fact, they are agreeable to it.
Ms. Carter: If they would agree to that. And we have two vendors.
Commissioner Plummer: If they're agreeable to it, fine. We save money.
Ms. Carter: And we're done.
Commissioner Plummer: All right? Then subject to the approval of the two companies...
Ms. Carter: At the lowest price.
Commissioner Plummer: ... at the lower price. Interamerican, are you listening?
Mr. Valdes: Yes, sir.
Commissioner Plummer: You better.
Mr. Valdes: We are.
i
Commissioner Plummer: My motion...
Vice Mayor Regalado: - There is a motion.
Commissioner Plummer: ... subject to both companies approving the lower price, that we award
the bid to both companies. That's my motion.
Vice Mayor Regalado: OK. There is a motion. Any second?
Mr. Valdes: Before we go any further, because I did have the opportunity...
Commissioner Plummer: Excuse me. Until a second, you can't speak, sir.
Vice Mayor Regalado: Just one second.
Commissioner Hernandez: What... J.L., I'm sorry. Go ahead.
Commissioner Plummer: My motion is, subject to approval of both of the companies agreeing
that the lowest price offered would be the price paid by the City, we split the contract, 50150 to
f each company.
Ms. Carter: Yes.
Commissioner Hernandez: I second it.
Vice Mayor Regalado: Go ahead.
60 June 26, 1997
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Mr. Valdes: No, I'm sorry. You addressed the point I was going to make.
Vice Mayor Regalado: All right. So there is a motion by Commissioner Plummer...
Commissioner Plummer: Well, wait a minute. Mr. City Attorney?
Mr. Jones: Yes.
Vice Mayor Regalado: ... second by Commissioner Hernandez.
Commissioner Plummer: Hold on. Hold on. In lieu of their not agreeing, should I include in
my motion that upon non -agreement, that we cancel and go back out to a split bill for more than
one company? Should that be incorporated?
Mr. Jones: Yeah, you can incorporate that as...
Commissioner Plummer: OK. So it gives us a little clout, to make them understand that none of
them are going to get nothing if they don't do nothing.
Vice Mayor Regalado: OK.
Mr. Jones: Nothing from nothing leaves nothing.
Vice Mayor Regalado: There's a motion and a second. Go ahead, City Clerk.
Walter Foeman (City Clerk): Roll call. Commissioner Plummer?
Mr. Manuel Gonzalez-Goenaga: Discussion. I'm going to speak.
Vice Mayor Regalado: All right. All right, Mr. Goenaga.
Mr. Gonzalez-Goenaga: Well, from a complex problem, let's make it simple. Based on the
philosophy of this Commission, where they say that they were going to use more policemen in
the streets, I don't think we need cars. I want to see the policemen in the streets protecting. New
cars, nice air condition, and I have seen them, and I just arrived yesterday after three months
absence, making reports inside the cars with air condition. That's why they don't last time.
Enough. My car been... doesn't have a... and I'm a taxpayer. I maintain this force. And my car
doesn't even have... I need a new air conditioner. It cost like three hundred dollars ($300) in my
1984 car. And I wonder if the Chief of Police has a chauffeur? If they have so many... That's
why we do... what we need is policemen in the streets, and in bicycles, so we have confidence in
these police. And we have enough cars. We don't need unmarked cars. After all, I have been
three times, and when I was arrested once, nine cars show up for Don Corleone of Miami.
Vice Mayor Regalado: All right. Anybody else from the public?
Commissioner Plummer: Mr. Goenaga, it's so nice to have you back.
Vice Mayor Regalado: Anybody else from the public to address this issue? So Mr. City Clerk,
go ahead.
61 June 26, 1997
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The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.97-424
A RESOLUTION ACCEPTING THE BIDS OF ROYAL RENT -A -CAR, IN THE
AMOUNT OF $306,240.00, AND INTERAMERICAN CAR RENTAL, INC., IN THE
AMOUNT OF $306,240.00, FOR THE PROVISION OF AUTO RENTAL/LEASE
VEHICLES FOR THE DEPARTMENT OF POLICE, FOR A TOTAL PROPOSED
ANNUAL AMOUNT OF $612,480.00, EACH ON A CONTRACT BASIS FOR ONE
(1) YEAR WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1)
YEAR PERIODS; ALLOCATING FUNDS THEREFOR FROM THE LAW
ENFORCEMENT TRUST FUND, ACCOUNT CODE NO. 690002.029032.4.679,
SUCH EXPENDITURE HAVING BEEN VERIFIED BY THE CHIEF OF POLICE AS
COMPLYING WITH FLORIDA STATE STATUTES, CHAPTER 932.7055, AS
AMENDED; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR SAID
ACQUISITION, PURSUANT TO BID NO. 96-97=077R.
(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 Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Commissioner Wifredo Gort
Mayor Joe Carollo
17. COMMENTS REGARDING POLICE ACTION DURING AN ARREST
WHICH RESULTED IN A DEATH -- DIRECT ADMINISTRATION TO
PROVIDE CITY COMMISSION WITH DETAILS OF CASE.
Commissioner Plummer: Mr. Manager, before we break for lunch... and I understand we're
coming back at three. Is that my understanding?
Vice Mayor Regalado: Three o'clock, yes.
Commissioner Plummer: To the Police Department, I read with interest - excuse me - with
disheart, in reference to something that probably is going to come back before this Commission
in reference to an individual who was to be arrested, and the individual passed away. We are
starting to be asked • questions as Commissioners, and I don't like to respond my answers
predicated on what I read in the newspaper. I'm not asking you to jeopardize any investigation
whatsoever, but I think that any information that you can give us, other than keeping our mouth
shut, which you'd like to do, that we should have that information so we can talk intelligently, if
we have to.
62
June 26, 1997
Chief Donald Warshaw (Chief of Police): You'll have it by the end of the day, Commissioner.
Commissioner Plummer: Thank you, sir.
Commissioner Plummer: Mr. Vice Mayor, we'll be back at three o'clock, God willing?
Vice Mayor Regalado: Yes, sir.
Commissioner Plummer: Thank you.
Vice Mayor Regalado: This meeting is adjourned.
----------------------------------------------------------------------------------------------------------------
18. BRIEF ANNOUNCEMENT THAT AGENDA ITEM 18, TOWING MATTERS,
WILL BE ADDRESSED LATER IN SESSION AT 4 P.M. -- SEE LABEL, 25.
Vice Mayor Regalado: I'm sorry. Do you...
Ms. Loraine Lichtman: Excuse me. The only question I have is I... I got the agenda, and I seen
there was something on the towing. I have no idea what it's about. I got up to come down here
this morning. I'd just.like...
Vice Mayor Regalado: The towing issue will be addressed...
Ms. Lichtman: I just want to know if you're going to hear it or not, because, you know, I sit here
all day. I don't even know what it's about. I just want to be here present, and I got a business to
run, too.
Vice Mayor Regalado: Absolutely. You're right. The towing issue will be addressed early in
the session. It's 18, so I can assure you that it will be before four o'clock, between three and
four o'clock, and we'll... I promise you that we'll tell the Mayor.
Commissioner Plummer: Lori, just for your information, that's the information we also got.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 12:09 P.M. AND RECONVENED AT 3:17 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT.
63 June 26, 1997
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19. INCREASE ALLOCATION OF FUNDS FOR PROVISION OF ORIGINAL
EQUIPMENT MANUFACTURERS PARTS AND REPAIR SERVICES -- FOR
CITY VEHICLES AND MOTORCYCLES FOR POLICE FLEET -- FROM
$120,000 TO $450,000 -- ALLOCATE FUNDS FROM FLEET SERVICE
CENTER GENERAL OPERATING BUDGET ACCT 503001.291301.6.670. --
DIRECT ADMINISTRATION TO RESEARCH STATUS OF SALE OF CITY
LIMOUSINE.
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Mayor Carollo: Yes, the afternoon session will now begin.
Commissioner Plummer: I move item 13.
Commissioner Hernandez: Second.
Mayor Carollo: OK. There is a motion on item 13 by Commissioner Plummer, second by
Commissioner Hernandez.
Commissioner Hernandez: Joe, be... I'm sorry. Mr. Mayor...
Mayor Carollo: Go ahead.
Commissioner Hernandez: ... before we...
Mayor Carollo: That's fine.
Commissioner Hernandez: I'd like to just ask a question to the Manager. On reference to the
difference from going from a hundred and twenty thousand to four hundred and fifty thousand, is
this to purchase parts for Fleet Management? I went down there, and I noticed that there's a
separation between the Police Department's fleet, basically, the mechanics down there, and the
General Services mechanics. Is this overall for the Fleet Management of the City of Miami?
Chief Raymond Martinez (Assistant Chief, Police Department): This is for the Fleet Service
Center, which services all the light vehicles for the entire City. If you notice, when you went
down there, it was separated, the light from heavy equipment. That is all now coming together
under Frank Rollason, under GSA (General Services Administration) again. But this will service
all of the City vehicles fleet.
Commissioner Hernandez: And it's only for light vehicles, you said?
Chief Martinez: Light vehicles. These are for...
Commissioner Hernandez: What is being done about the heavy vehicles, like the Solid Waste
cranes, the boom cranes? I notice down there, there's four... four trucks... I believe three or four
trucks that have been sitting there since 1994, brand new, in which we do have the actual engines
that run the cranes, but we can't put the engines and... put the crane to the engine because we
don't have the parts. And my question is, are we getting the money? Are we finding the money
to get these vehicles on the road?
Mr. Edward Marquez (City Manager): We're doing a couple of things. First of all, there's
taking of - and Frank's doing this - assessing the full nature of the problem. We're also working
64 June 26, 1997
with the private sector through the Blue Ribbon Task Force to see how best to address the
problem, once, we've identified and fully assessed it.
Mayor Carollo: What I see is that this is really such a huge range.
Commissioner Hernandez: Yeah.
Mayor Carollo: From a hundred and twenty thousand to four hundred and fifty.
Chief Frank Rollason (Director, General Services Administration): Mr. Mayor, 1 can address
that. When the budget was done originally under the old Administration for the Fleet Service
Center, there was limited funds available. It was underfunded. And so the purchase order and
the contracts were done for the amount that was available at that time. When Merrett
Stierheim's group came in, and then with City Manager Marquez, it was realized that the Motor
Pool, the Fleet Service Center was underfunded. Additional funds, as part of the recovery plan,
were made available. And thus, we are increasing to be able to service the entire City's fleet,
based on our projections for the rest of the year.
Mayor Carollo: So what you're saying is that this is really the real projection, four hundred and
fifty thousand.
Chief Rollason: Correct. Yes, sir.
Commissioner Hernandez: Mr. Mayor...
Mayor Carollo: The previous Administration was allocating about a hundred and twenty
thousand.
Chief Rollason: Correct.
Chief Martinez: We're approximately... I believe the figure was two million dollars
($2,000,000) underfunded at the Fleet Service Center.
Commissioner Hernandez: Mr. Mayor.
Mayor Carollo: And there was no deficit. Sure.
Commissioner Hernandez: Even though Commissioner Plummer has been assigned to GSA,
since I have Solid Waste, I went down there, and I did take a tour of Fleet Management, which
falls under GSA. I can tell you that the money is definitely needed. There are no parts down
there. I spoke to the chief mechanic. He's been waiting for parts for the last two to three years,
just the simplest parts to put our trucks out on the street, to obviously clean the streets, to pick up
the trash, to have more police cars out on the -street. So I don't... I asked the same question here.
I wrote a note on the disparity of the numbers. But I can tell you that my only question today
was, what was the money for, and if it was to buy parts to put those vehicles out on the street?
Commissioner Plummer: How much did we spend the previous year?
Chief Martinez: I can't answer that at this point. I don't know what the figures were, and when
I look at the figures, I don't know if what I'm looking at is what was really spent, because you
have to also consider that there are... just like some of the things that we're talking about with
the copy machine. I have bills, I have vendors coming to me now that we owe money to and I'm
trying to get cleared up. So I know there's outstanding invoices from previous years. I also
want to point out that the money that we're talking about here is on the light fleet side. So once
6S June 26, 1997
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we work everything out and make the Manager aware of what's happening, I'm sure we'll be
back here for additional funding on the heavy fleet side.
Mayor Carollo: Can you do the following for me, Chief? When I was selected Mayor last July,
I found out that there was a limousine that was being used in the past by the Mayor's office. I
don't know where that limousine is at, but if you could locate it and sell it.
Chief Martinez: Yeah, that's gone. That's gone. It's sold.
Mayor Carollo: When was that sold?
Chief Martinez: I know it's gone, because I looked for it in the fleet before. You made an
inquiry to me once before about it, and it's...
i
Mayor Carollo: Yeah, but how is it gone? Did we get some money for it? Did it go the same
way that the garbage trucks and some of our other equipment went?
Commissioner Plummer: It's not in my funeral home, if that's what you think.
Mayor Carollo: No.
Chief Rollason: It was sold during auction.
Mayor Carollo: Nor were our garbage trucks and other City equipment.
Commissioner Plummer: I haven't seen it... To be honest with you, I haven't seen that
limousine in five or six years.
Mayor Carollo: When was it sold?
Chief Rollason: It was sold approximately about ten to twelve months ago. It was sold during a
routine City auction. We can get the amount of money...
Mayor'Carollo: That's not what Ron Williams had mentioned to me some months back. But if
we could double check on that.
Chief Martinez: Well, I mean... Well, .I'll research it, but I know it's been about a year since
we've had an auction, because we just had an auction last week. And....
Mayor Carollo: If you're wrong, can you find out where it's at and make sure that it's sold?
Chief Martinez: Sure.
Mayor Carollo: And if you are right, can you give me the particulars on it, and let me know how
much it was sold for? The reason I brought it up was so that if it was catching dust somewhere,
or somebody was using it to get back and forth to work, you know, we could sell it and use it for
the four hundred and fifty thousand that we need here. Thank you.
Commissioner Plummer: That was a 15 year old limousine.
Vice Mayor Regalado: Mr. City Manager, do we have City work.... equipment in the Melreese
Golf Course?
Commissioner Plummer: Belmeade Golf...?
66 June 26, 1997
Chief Rollason: The lawn maintenance type of equipment?
Vice Mayor Regalado: Sort of, and work...
Chief Rollason: The big mowers and...
Vice Mayor Regalado: No, not the big... the tractors that work.
Chief Rollason: Right, the big equipment.
Vice Mayor Regalado: - Mm-hmm.
Chief Rollason: Again, it's the same story.
Commissioner Plummer: Did he say the Belmeade Golf Course?
Chief Rollason: There are no parts at the present time.
Commissioner Gort: Melreese.
Commissioner Plummer: Oh, oh.
Chief Rollason: We also have some problems in how we're addressing how we're procuring the
parts, and I'm working with Judy carter to try to work on getting something worked out to where
we can get the right parts to come in. Sometimes, through the procurement process, they buy
what's supposed to be an equal part, and the part does not work on the piece of equipment, and
money is one problem and having people in place that know what they're doing to buy the
correct parts is another problem.
Vice Mayor Regalado: Yeah, but my information is that in the Melreese, those are working, but
not the rest of the City fleet that do not have parts.
Chief Rollason: Right. Most of the...
Vice Mayor Regalado: The tree...
Chief Rollason: ... operational equipment and the lawn and outdoor equipment, maintenance
type items that we do at GSA, if you go over there, there is a room full of that stuff broken,
sitting on the floor, waiting for parts. That's where it's at.
Vice Mayor Regalado: But the one in Melreese, they are working, right?
Chief Rollason: I... The way it operates is, is number one, I don't have a good inventory even of
what's out there, number one. So to tell...
Vice Mayor Regalado: Three.
Chief Rollason: And number two, I'm responding to those people that have the emergency, they
don't have a piece of equipment working. For instance, we're working on a mower today to get
back to the Orange Bowl, because they. have to cut the grass today for an event tomorrow, and
we're right up to that hour. Hopefully, it's been delivered there today. We're having to put a
radiator in it and a starter in it today, to get the mower back. And until I got a phone call from
the Orange Bowl Tuesday that... with... this piece of equipment was there, and I went down
67 June 26, 1997
there, and sure enough, there it was sitting with no contract for a radiator repair, and we
expedited it, and we got the radiator taken out. But, I mean, it is critical from day to day, the
piece of equipment... the piece of equipment, as an event needs to take place. We just took a
fork lift out of the Convention Center the other day. It's been down for quite a while, when I got
a phone call that, hey, when is somebody going to come and take a look at this fork lift? So
that's how it is right now. And we're addressing it. And as the Manager said, we're trying to
put together a sensible program, number one, that will make us to the end of this budget year,
with the budget constraints that we have, and what we're going to need for next year to try to
service the departments that needs this equipment repaired.
Commissioner Plummer: Let me ask you a question, if I may. I thought we were going to, Mr.
Manager, look into privatization of those kind of things. 1 notice that in certain areas, we're
using - or the County. I'm not sure who - using private companies to do the medians in the road.
And, you know, then we don't have to be responsible for the equipment. Yet, I've not heard
anything back, you know. We did an awful lot of talking there for a while. One of the things I
want to hear back on again is the Police Department talked about having private companies
answer burglar alarms. That would save a lot of money, and it was worth consideration. These
things we talked about, and we talked about going to privatization. We talked about having
people's yards, who would not respect their neighbors by having them cut and taken care of, to
go private on that. Where are we, or where aren't we?
Mr. Marquez:. We're all over the place in analyzing what we've been doing and how to better it.
The privatization issue, first of all, is tied up with our ability to recognize savings in
privatization. It's tied up into... with our ability to lay off employees, which is nonexistent for a
vast number of our employees covered by the AFSCME (American Federation of State, City and
Municipal Employees) contract. That's number one. Number two is that we do... we are
working with groups that are coming up to see the cost... developing some cost benefit
recommendations in that regard, especially in the area of Fleet Management and the like.
Commissioner Plummer: Well, the Chief spoke of the Orange Bowl, and that's what struck the
point to me. At the Orange Bowl, we're out on a contract right now for maintenance of the
Orange Bowl to a private company. Why wouldn't you have incorporated maintenance of the
Orange Bowl, besides just janitorial?
Chief Rollason: That may be in there. You're talking about the janitorial service, because
everything is fragmented, Commissioner. We're not looking at it as a global thing, and we're
going to try to do that. I've had two meetings in the last week and a half with members from the
Blue Ribbon Task Force that's been out to... And we're talking about out -sourcing, and
sourcing, and partnerships, and they're evaluating the things that we're doing to make a
recommendation back to the Oversight Board, and to the Manager as to what things we can look
at in a sensible way. And it's an option, but it is not... this privatization thing, as it's presented,
is not always the cure all when you look at some of the things we have to do.
Commissioner Plummer: But I've just not seen anything back as to what we talked about, even
of exploring.
Mr. Marquez: Commissioner Plummer, the only thing I can... The only way I can respond to
that is that we're addressing the issue. It's going to take time for us to come back to the City
Commission. We're trying to act like a Cadillac organization, but we're a "Corvair" with
patches on our tires. We're trying to respond as quickly as we could on multiple fronts.
Commissioner Gort: Corvair is out of business.
Chief Rollason: There you go.
68 June 26, 1997
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Mr. Marquez: No, an old Corvair. There are Corvairs still running in town.
Mayor Carollo: Mr. Gonzalez, two minutes.
Mr. Manuel Gonzalez-Goenaga: Well, let's have a clarification here, because I get more
confused every time. I see that instead of being the General Service Administration, which is in
normal, good government, how... Now I understand why the Police Department, who is fixing
cars and repair, that's... I un... Now I understand why they have been unable to find the hundred
thousand dollars ($100,000) that were stolen from the safe of the Police Department, when a lot
of these departments is dealing with fixing parts and repair. My car needs a heavy repair. It's an
'84 year old Cadillac with 175,000 miles, and the... When I came after three months in Puerto
Rico, it started. I... My. air conditioner is in bad shape. Can I use your services? Can you spare
something for me?
Chief Rollason: No, but it sounds like yours is in a little better shape than some of our fleet, so
maybe we can use... maybe we can use your car.
Mr. Gonzalez-Goenaga: But you know why? I'm going to tell you why. Because it's not... the
cars that you people... are our cars. And we take good care, like every citizens, of their car. And
I strongly suggest... And I want an answer, because every time, I get a procrastination that it's
still under investigation, the stealing of a hundred thousand dollars from the safe of the Police
Department. Who had that key? Come on, babies. deez, I thought that Puerto Rico was the
third world banana city. We're going to be a hundred... 500 years, and the City of Miami is
going from bad to worse.
Commissioner Plummer: Nice to have you back.
Mayor Carollo: Incidentally, Mr. Goenaga, you look different. Is there something different
about you?
Mr. Gonzalez-Goenaga: Well, Walter Mercado advised me - he signed a book that he's selling
now - to come to Miami with two body guards, two "chupacabras."
Mayor Carollo: Oh, I see what.. You've got longer hair now.
Mr. Gonzalez-Goenaga: Sampson, that's where my... In order to protect myself from further
arrest, my strength is in my hair, like Sampson.
Mayor Carollo: Well, I don't think you have had any arrests under this Administration.
Mr. Gonzalez-Goenaga: No, because I was away for three months.
Commissioner Plummer: Well, Mr. Mayor, for the...
Mayor Carollo: You better clarify where you were away at.
Commissioner Plummer: We... For the record, I think it should be noted that -he is now a
grandfather. He just became a grandfather, and we should treat him with the respect of a
grandfather. Although he can tell you the names of the child that fit his...
Mr. Gonzalez-Goenaga: Look, look, not even my daughter likes me too much, because you
know, the name of my grandchild...
69 June 26, 1997
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Commissioner Plummer: Listen to this, Joe. Listen to this.
Mr. Gonzalez-Goenaga: ... the name of my granchild? Maurice Xavier. The name of my two
political opponents in the last election.
Commissioner Plummer: A double whammy.
Mr. Gonzalez-Goenaga: I am surprised that my daughter didn't put "Mauricio Xavier Cesar."
Vice Mayor Regalado: You don't get any respect.
Mayor Carollo: Well, you better check to see when they baptize him what name they're going to
give him. Anyway, any further questions from the Commission? If not, I call the question. All
in favor of this resolution on item 13, say "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-425
A RESOLUTION APPROVING AN INCREASE IN THE ALLOCATION OF FUNDS
FOR THE PROVISION OF ORIGINAL EQUIPMENT MANUFACTURERS (OEM)
PARTS AND REPAIR SERVICES FOR CITY VEHICLES AND MOTORCYCLES,
ON AN AS NEEDED BASIS, FROM A TOTAL ANNUAL ESTIMATED AMOUNT
OF $120,000 TO $450,000, FOR THE DEPARTMENT OF POLICE, FLEET SERVICE
CENTER; ALLOCATING FUNDS THEREFOR FROM THE FLEET SERVICE
CENTER GENERAL OPERATING BUDGET, ACCOUNT CODE NO.
503001.291301.6.670; AUTHORIZING THE CITY MANAGER TO DIRECT THE
CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID
PARTS AND REPAIR SERVICES, ON AN AS NEEDED BASIS, AND IN AN
AMOUNT NOT TO EXCEED $450,000, ANNUALLY.
(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.
70 June 26, 1997
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-----------------------------------------------------------------------------------------•---------------------
20. INCREASE ALLOCATION OF FUNDS FOR PROVISION OF BODY WORK /
REFURBISHING / PAINTING SERVICES -- FOR POLICE CITY
VEHICLES -- FROM $500,000 TO $700,000 -- ALLOCATE FUNDS FROM
FLEET SERVICE CENTER GENERAL OPERATING BUDGET ACCT.
503001.291301.6. 670.
Commissioner Plummer: Move 14.
Mayor Carollo: Fourteen has been moved by Commissioner Plummer.
Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Hernandez. Same problem as 13. Any further
discussion? Hearing none, all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.97-426
A RESOLUTION APPROVING AN INCREASE IN THE ALLOCATION OF FUNDS
FOR THE PROVISION OF BODY WORK, REFURBISHING AND PAINTING
SERVICES FOR CITY VEHICLES, ON AN AS NEEDED BASIS, FROM A TOTAL
ANNUAL ESTIMATED AMOUNT OF $500,000, TO $700,000, FOR THE
DEPARTMENT. OF POLICE, FLEET SERVICE CENTER; ALLOCATING FUNDS
THEREFOR FROM THE FLEET SERVICE CENTER GENERAL OPERATING
BUDGET, ACCOUNT CODE NO. 503001.291301.6.670; AUTHORIZING THE CITY
MANAGER TO DIRECT THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR SAID SERVICES, ON AN AS NEEDED BASIS, AND IN
AN AMOUNT NOT TO EXCEED $700,000 ANNUALLY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
71 June 26, 1997
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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.
------------------------------------------------- --------------------------------------------------------------
21. INCREASE ALLOCATION OF FUNDS FOR PROVISION OF EXTERNAL
AUDITING SERVICE BY KPMG PEAT. MARWICK LLP -- ALLOCATE
FUNDS ($99,425. ACCTS. 001000.260201.6.280 AND 799302.452123.6.280).
------------------------------------------------------------=---------------------------------------------------
Commissioner Plummer: Move 15, with a question.
Mayor Carollo: There's a motion on 15 by Commissioner Plummer, second by Commissioner
Gort. Discussion.
Commissioner Plummer: The question, Mr. Manager, we're giving them another hundred
thousand dollars ($100,000). How much have they gotten on this current contract?
Bob Nachlinger (Assistant City Manager): Commissioner, the total of the contract is three
hundred and seventy thousand dollars ($370,000).
Commissioner Plummer: Is this above the three hundred and seventy, or included in? It says,
"an increase."
Mr. Nachlinger: It is an increase on the three seventy to approximately four seventy.
Commissioner Plummer: For one year.
Mr. Nachlinger: Yes, sir. The ninety-nine thousand, the increase that is being requested here,
falls under additional services, and these were items that were done at the request of the
Oversight Board.
Commissioner Plummer: Did we approve it?
Mr. Nachlinger: No, sir. That's what we're asking you to do.
Commissioner Plummer: Did we go out to a bid?
Mr. Nachlinger: It was an extension of the current KPMG contract. There's a provision for
additional services in the contract.
Commissioner Plummer: Well, I just hope the next time we get one of these firms, we get one
that speaks the language of the Commission. That's a lot of money. I move it.
72 June 26, 1997
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Mayor Carollo: There's a motion and there's a second. Not a happy motion or a happy second,
or a happy vote. Nevertheless, the work has been done and we pay the bill again.
Commissioner Plummer: Yeah, but, Mr. Mayor, I think it's unfair to this Commission, who's
doing everything we can to try and save money, to ask us to ratify after the horse is out of the
barn. It would seem like to me that if the Oversight Committee... You know, because we're
reading about the fact that the Governor wants us to pay them back all of the money that they've
spent.
Mayor Carollo: That's not going to happen, Commissioner. We've got a contract.
Commissioner Plummer: Well, OK. But what I'm saying is, here, we're paying out another
hundred thousand dollars ($100,000) that they wanted something done, and we had no control
over it to say, hey, let's go out to a bid and maybe we could get a better price. And I just thought
j any contract over fifty thousand dollars ($50,000), not only does it take City Commission
approval, but it had to go out to a bidding procedure, and this one didn't follow it.
Mayor Carollo: Well, and this one, in all fairness, it didn't make sense to go out again on a bid,
since they were doing the work. It would not have made sense. It would have been more
expensive. But nevertheless, this is about a hundred thousand dollars that they have requested.
We haven't. I call the question. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays." It passes.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-427
A RESOLUTION AUTHORIZING AN INCREASE IN THE ALLOCATION OF
FUNDS, IN AN AMOUNT NOT TO EXCEED $99,425, TO COMPENSATE KPMG
PEAT MARWICK LLP, CERTIFIED PUBLIC ACCOUNTANTS, FOR THE
PROVISION OF ADDITIONAL EXTERNAL AUDITING SERVICES AS
ANTICIPATED IN THE AGREEMENT AUTHORIZED PURSUANT TO
RESOLUTION NO. 96-805; ALLOCATING FUNDS THEREFOR FOR SAID
INCREASE FROM ACCOUNT CODE NO. 001000.260201.6.280, IN THE AMOUNT
OF $37,900 AND ACCOUNT CODE NO. 799302.452123.6.280, IN THE AMOUNT
OF $61,525.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
73 June 26, 1997
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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.
-------------------------------------------•--------------------------------------------------------------------
22. (A) SCHEDULE CITY COMMISSION WORKSHOP FOR JUNE 28,.1997
AT 7:A.M. -- FOR REVIEW OF PROPOSED SINGLE MEMBER
DISTRICT PLANS -- FURTHER SCHEDULE SPECIAL CITY
COMMISSION MEETING FOR JULY 1, 1997 AT 7:A.M. TO HOLD
PUBLIC HEARING ON SAME SUBJECT.
(B) DIRECT CITY ATTORNEY TO PREPARE AMENDMENTS TO
CHARTER -- FOR SPECIAL MUNICIPAL ELECTION TO BE
HELD SEPTEMEBR 4, 1997 -- FOR ESTABLISHMENT OF SINGLE
MEMBER DISTRICTS.
Mayor Carollo: We're now on item 16. This, I think, can be brief, Commissioner. And maybe,
before we even get into it, what we should do is to look at our schedules and see when we could
all meet for a special session just on this particular item. When can the... the earliest that we can
get back in Miami that did these maps and districts?
Commissioner Gort: Mr. Mayor, my... I'd like to report that the committee worked for about
four months on this. We had several meetings with the public who were notified of the different
meetings that we had, and given information about where they could send additional information
about the... any information they wanted to give to the experts and/or worries, if they had a
question that they had. And the committee thought that it was best that if we have one day just
to deal with this, rather than dealing with it in a regular Commission meeting that we should
have one day set aside to deal with this issue alone. And I think the... Tuesday is fine. I
understand Monday is hard for some of the individuals to get together.
Commissioner Plummer: Thursday would be better for me.
Commissioner Gort: We did not make it... No, we had to...
Mayor Carollo: No, no. We got to do that earlier, in case we need some additional time to meet
again on it.
Commissioner Plummer: Well, my understanding is the 6th is your deadline; is that correct?
Mayor Carollo: Yeah, but the 6th is a Sunday.
Commissioner Plummer: Which is a Saturday.
74
June 26, 1997
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Mayor Carollo: The 6th is a Sunday, isn't it?
Walter Foeman (City Clerk): The 6th is a Sunday.
Commissioner Plummer: The 6th would be a Sunday.
Mayor Carollo: OK. So we cannot meet on Sundays. So the deadline would be Saturday, the
5th.
{ Commissioner Plummer: Well, Thursday is still my best day, but...
i
1 Mayor Carollo: Well, the earliest they could be hear is Tuesday?
i
Commissioner Gort: Tuesday would be the earliest they could be here.
Mayor Carollo: Then I would suggest that we meet Tuesday morning, some time that's
convenient for everyone.
Commissioner Plummer: Seven o'clock?
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, if I might, just before you consider your
date. Whatever you decide, obviously, at that meeting, you're not only going to discuss it, but
you're going to decide exactly what plan you're going to go with. I'd like to, if possible, to at
! least have a day, so that I can work with the language and the parts of the Charter that are going
to have to be... because there are going to be many parts that are going to be impacted,
depending on what plan you decide to go with. So if you meet.,. I'm saying if we meet
Tuesday, I would need at least another day to come, so that we would have to have another
meeting to approve whatever language there is.
Mayor Carollo: Well, we have a regular Commission meeting, I think, scheduled on Thursday,
the...
Commissioner Plummer: Tenth.
jMayor Carollo: Well, that will be the week after, so that's. fine. It won't affect us this week.
Commissioner Hernandez: Mr. Mayor, besides the actual language that would be chosen to be
put on the ballot, will we be putting the actual district plan on the ballot, or would it be just ballot
language, to approve a district plan, or how...
Mayor Carollo: Mr. City Attorney, can you answer that question, as best you can?
Mr. Jones: Well, there's probably... I think that out of all fairness to the public, they need to
have as much information as possible. What I envision, and given, again, depending on what
your decision is as to what plan you want, whether it's going to be inclusive of Strong Mayor
and the like, there are numerous other provisions and terms of how we presently conduct
elections. For instance, with the... one of the things that will be... will have to be added will
perhaps be a section dealing with the fact that a member or whomever it is that runs from a given
district will have to be a resident, perhaps, of,that district. There are other... What I'm saying to
you, there... What I envision, there will be a series of different questions, keeping in mind that
each question has a 75-word limit. But I can't really draft and craft until I know what it is that
you're going to put in place, so I can see how it's going to impact those parts of the Charter that
deal with our election procedures that need to be amended. So that's why I'm saying I would
75 June 26, 1997
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like, if at all possible... I mean, I'll work around the clock, whatever, but I need at least... I
would need at least a day, so that I can just, you know, sort things out and do, you know, a
credible job that will bear scrutiny. So that's why I'm saying if we meet Tuesday, and you want
to come back, I... you would have to have another... Well, you wouldn't have to, but you should
have another meeting so that you can approve whatever language it is.
Mayor'Carollo: All right. We'll meet on Tuesday, and if we... when we need to come back,
then it will be Thursday that we will meet again.
I
Mr. Jones: OK.
Commissioner Plummer: Can we meet a seven o'clock?
Mayor Carollo: Excuse me?
Commissioner Hernandez: Tuesday?
Commissioner Gort: That's fine with me.
Commissioner Plummer: Can we meet Tuesday at seven a.m.?
Mayor Caro116: Seven a.m., that will be fine.
Vice Mayor Regalado: Won't the public be invited?
Commissioner Hernandez: Of course.
Commissioner Plummer: Of course.
Commissioner Gort: Yeah, sure.
Commissioner Plummer: Has to be.
Mayor Carollo: These are public meetings.
Commissioner Hernandez: Mr. Mayor, let me ask you a question.
Vice Mayor Regalado: Well, but.you know the perception that we're going to get. That we're
meeting so early so the people would not be able to discuss the issue.
Commissioner Gort:" I'm in favor of having it at night.
Commissioner Plummer: Excuse me. You're not going to be meeting for 15 or 20 minutes.
You're going to be meeting for two hours or more.
Mayor Carollo: Well, we've been meeting on numerous occasions already. The Blue Ribbon
Committee has, including it had three public hearings that were held at night. So I don't think
anyone can make any allegations in good faith that this is being done in such a way so that the
public cannot participate. Now, if there's another time on Tuesday, the earlier the better, that we
can get everybody from this Commission together, that's fine. It don't matter. I'll make my
whole day on Tuesday available to meet.
Commissioner Plummer: Well, Mr. Mayor, I can't meet after twelve o'clock on Tuesday. I can
meet seven up until, most likely, noon, with no problem.
76 June 26, 1997
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Vice Mayor Regalado: I don't have a problem either...
Commissioner Hernandez: Let me... let... I don't think in three hours or four hours we're going
to be able to take care of all the issues that are here. And in all honesty, there are so many things
in my mind, and so many questions that I don't even think this is going to make the September
election. There are so many things that need to be done, from changing precincts to advising the
voters, the new locations that need to be picked within the new precincts. I don't know when
we're going to find the time to do this from September to November.
Mayor Carollo: Well, then, what I would suggest is that some of these things that you're
bringing up now, Commissioner, maybe we could meet before. We could even meet tomorrow,
if need be, so we could sort them out and save a lot of time for Tuesday.
Commissioner Plummer: Well, that's fine. You meet at the...
Mayor Carollo: And then we'll just deal with the districting issues on Tuesday.
Commissioner Plummer: Mr. Mayor, if you meet at Woodlawn Cemetery, you have me,
because that's where I'll be most of the day. I've got to make a living. I'm sorry.
Mayor Carollo: The only reason that we said Tuesday is because the expert in districting that we
have cannot come until Tuesday. But for some of these other issues, they are legal issues. All
we need is for the City Attorney to be present. So maybe we could meet before that to sort them
out.
Commissioner Plummer: Well, can't we...
Commissioner Hernandez: Mr. Mayor...
Commissioner Plummer: Mr. Mayor, can't we meet without the so-called expert, just to go...
Commissioner Gort: Yeah, we...
Commissioner Plummer: L. At this point...
Mayor Carollo: That's what I'm saying.
Commissioner Plummer: At this point, I have not received anything but one map. And I think
that each member of this Commission... Let me state for the record, I have intentionally stayed
away from the public hearings, because I didn't want anybody to think that I went there to
influence anybody as to what was going on. Now, I am disappointed in the fact that Mr. Gort
has indicated that there's such a burning desire that this issue be so rapidly done that less than 30
people at one of the public hearings came out to voice their opinion. I find that hard to believe,
that it's such a burning issue. That's beside the point. What I'm saying is, is that I think that this
Commission has got to have in its hands - just the Commissioners, who's going to make the
vote - any and all material that is relevant to this cause. And until such time as we have that, and
until such time as we have the personal time to digest that, I think that we're premature in
meeting. And that's why I'm saying maybe we should meet, first and foremost, just to get all of
the stuff into the hopper, and we don't need the expert for that.
Commissioner Gort: J.L., my understanding - and correct me if I'm wrong - and I've got the
memos here which each one of the Commissioners and the Mayor received all the packages
when they were put together. The only thing that "might have been late is the one that was
created the day they had the meeting here.
77 June 26, 1997
Commissioner Plummer: Yeah. Well, that's...
Commissioner Gort: But I agree with you. I think we should.., we can get together ourselves,
and there are a lot of things that we can go over. And maybe by the time the things that we go
over, by the time the expert gets here, they can work it out. I don't have any problem with that.
Today, I met with the people from the Election Department, and they're concerned about some
of the precincts, how it's going to break up. I told them to be here so we can go over the
precincts also, and what would it cost if there was different precincts.
Commissioner Hernandez: Mr. Mayor...
Commissioner Gort: I think it's an excellent idea to... all of us to get together before, go over all
the different maps.
Mayor Carollo: Well, if you want, we could lay out some of the things that we need, and give
the Administration tomorrow to get it together, and then we can meet on Saturday.
Commissioner Plummer: Fine with me. As long as...
Commissioner Gort: The Administration... I have to tell you, our Planning Department, David
Whittington, has done an excellent job...
Commissioner Plummer: As long as you meet at seven o'clock, I'll be here Saturday.
Commissioner Gort: We got all the maps, we got all the information necessary, so we can meet
any time.
Commissioner Hernandez: Mr. Mayor, I have a...
Commissioner Plummer: Well, if we were to meet on Saturday morning, let me envision what I
see. I think Mr. Gort and anybody of that committee could come here, take an hour, two hours,
whatever is necessary, and bring this Commission completely up to date as to what has
transpired so far; not necessarily to make any decisions, but maybe to ask questions: What
happened, why, how, and when? And I think that's very important, because I think we're going
to have to do that before we sit with the so-called expert. And I don't know who he is or
whether he's an expert, but... you know.
Commissioner Hernandez: Are you going to be here this weekend?
Commissioner Plummer: I'll be in town this weekend.
Commissioner Hernandez: Well, I'm not going to be available Saturday.
Commissioner Plummer: Oh. OK. I'm sorry.
Commissioner Hernandez: That's the problem I have.
Commissioner Gort: How about Friday?
Commissioner Hernandez: Friday is tomorrow. At what time tomorrow?
Commissioner Plummer: I can't. I can't. I could...
78 June 26, 1997
Commissioner Hernandez: Why? You know what? My feeling is, why are we being rushed
into this? There's a lawsuit. A trial has been set for '98, and all of a sudden, this has been
thrown. We got special meetings, Saturday meetings. All of a sudden, we are rushed into
something... at least I'm speaking for myself. I feel that I'm being pressured to put this on the
ballot September the 4th, and I don't think that's fair for anybody up here.
Commissioner Plummer: Well, maybe the other side of the coin...
Mayor Carollo: Well, Commissioner, what... You know, whatever you feel, you were the first
person that started to talk about districts within days after you got elected. And you voted with
this Commission in a five/zero vote for districts, that we wanted districts.
Commissioner Hernandez: Absolutely.
Mayor Carollo: So, I mean, I thought you were leading the charge on this. So I'm really kind of
surprised to hear this now.
Commissioner Hernandez: I am leading the charge. I am leading the charge. And the other
thing that I've been trying to ask is that - it did take me a little bit back the other day when I was
here - is that I remembered an executive meeting that we had, and we mentioned it on the record.
The question of the Executive Mayor and the Strong Mayor. And I remember that the motion
was put on the table. But the only issue that we were going to be dealing with was the district
issue, and not the Strong Mayor question. All of a sudden, I heard the committee... all they were
talking about was Strong Mayor, and what powers the Strong Mayor was going to have. And I
remember... and I'm asking you this question, to make it out in the open.
Mayor Carollo: Yeah.
Commissioner Hernandez: I thought this was not going to be discussed this time around. And
that's what was agreed upon between you and the Commission and the Commission and you.
Mayor Carollo: Commissioner, let me be very, very clear and precise. The Blue Ribbon
Committee that was named was the Blue Ribbon Committee that represented people from all
segments of Miami, all racial, ethnic, religious lines, male, females, a very independent panel. I
don't think that anyone can say that I, nor you, nor anyone here had control of that committee,
because they were very independent people. If that wasn't the case, maybe some of the
recommendations that they would have been making would have been much, much different
than some of the ones that we have before us. At the same time, the committee expressed itself
that they felt that this was an issue that had to go hand in hand together, for many reasons that
were expressed there that in due time, when we call the meeting, we can get into all the different
reasoning as to what powers an Executive Mayor should have or not have. That's for this
Commission to discuss and decide. At the same time, you are very aware of, and I'm sure that
maybe members of the committee were, too, that there has been a major campaign from some
sectors demanding that there be an Executive Mayor. In fact, one particular candidate, when he
announced his campaign for Mayor at this time - a former Mayor - stated in January that if by
the end of this March - about 90 days ago - I had not instituted... like if I have five votes. I'm
only one. If I had not instituted, he said in a press release, district elections and an Executive
Mayor to be on the ballot to be voted upon at the very next election, that he would start a recall
drive against me. And that's Mr. Suarez, that's running for office now, whom you have had
conversations with on numerous occasions on that subject and others. So the issue of an
Executive Mayor or not, the chairman of the Blue Ribbon Committee decided - and it was
discussed there between all of them, whether it should be brought up or not - that it was
something that was within their right to recommend to this Commission or not. The interesting
79 June 26, 1997
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thing is, out of everything that was discussed there, the only thing that you had a unanimous
agreement, out of all the members that were present, was on the Executive Mayor. And as you
well know, about the only way that we're going to be able to achieve districts being approved by
a popular vote is by putting a full package of districts with an Executive Mayor, like the vast
majority of citizens of Miami want, just like when they voted for it in Dade County government.
In fact, maybe that's one of the things that if we do decide that we want to do that, that we can
look and make the model, the exact same thing they have in Dade County government.
Furthermore, the way that this should be looked at is as to what is good for the City of Miami
today, tomorrow, 100 years from now, over 100 years from now. And that's what we should
keep in mind when we discuss not only the Executive Mayor, but districts, also.
Commissioner Gort: Mr. Mayor.
Commissioner Hernandez: I...
Commissioner Gort: Mr. Mayor...
Commissioner Hernandez: Go ahead.
Commissioner Gort: First of all, I want to thank you. Thanks a lot for appointing me to this
committee. I mean, it's been great. Commissioner, it's not my understanding the... I was
appointed to this committee. I was told to run with it. And my office at all times, I made sure
the memos go to every one, the Mayor and the Commissioners, stating the name, the dates of the
meetings, and to give us input. When the experts were selected, we sent you memos to
everyone, and asked them to please contact the individuals and give them your impression, and
to participate. The only reason the Blue Ribbon Committee is under the idea that this wanted to
be implemented in this year, according to its commitment to this... And now I will tell you
sincerely, by preference, what I wanted to see was not even considered by the Blue Ribbon
Committee, and I was the chairperson. I tried to be as democratic as I wanted to. And you all
know that one of the things that I wanted to do is I wanted to have four districts, and two of them
at -large, because I think that's how best people will be represented. You have each district
being able to vote for four individuals, which gives them more control of the whole City. But
that was opposed by the committee. So I abandoned that the first or second day of the meetings.
And that was one of the plans that was proposed. The experts were told... and I'll give you the
full report whenever you want to get together. On Monday, if you all want to, we can get
together on Monday, if you can't on Friday or Saturday. But I think we need to discuss this. At
the same time, the committee knows very well what we are recommending. We're not taking
final action. Everything has to be taken right here by us. We're the ones that have to make the
final decisions.
Commissioner Plummer: And we're not bound by their recommendations.
Commissioner Gort: And we're not bound by their recommendations.
Mayor Carollo: That's correct, Commissioner.
Commissioner Gort: OK?
Commissioner Plummer: Well, you know...
Commissioner Gort: When the subject of the Strong Mayor came, and the powers, and all that,
that's something that we decide up here, we, ourselves.
Commissioner Plummer: You can only....
80 June 26, 1997
Commissioner Gort: They can make recommendations, but we decide how to do it.
Commissioner Plummer: You can only have so much food on your plate. Nobody has yet
indicated that we've got another very, very important issue on September the 4th - the very
survival of the City. The Strong Mayor, districting might be null and void, if, in fact, the City is
abolished. It would be, it would be null and void. But I think that we should be about the
business, full-time, of trying to make sure that this City is going to survive, because there's a lot
of people out there that are feeding a lot of baloney and a lot of "B.S." to the people of this
community, in hopefully, trying to see the demise of this City. And I'll tell you something. At
this particular point, we're not that far off from that vote. And those people are getting out there,
and they're getting organized, they're getting money. As false and deceptive as they are. That's
how they got the signatures on the petition to begin with. And I just say to you, you know, I
think districting is absolutely a must. It's got to happen. And I think that we've got to survive
before we do anything else. So my efforts... If we can handle districting, that's one thing. But
my efforts are going to be to make sure that the City I was born in survives, and I'm going to be
able to die in, not the City die.
Commissioner Gort. That's another point. Excuse me. One of the reasons...
Vice Mayor Regalado: Mr. Mayor...
(APPLAUSE)
Vice Mayor Regalado: If I may just add something, because I want to repeat here what I have
said on the media, and... exactly what I have said on the media, and exactly what I will say to the
media. I, as J.L., believe that we first need to get on with the business of maintaining the City of
Miami. I am willing to campaign for the City of Miami because it's our City, and because I
thought that this election was an election that will unite all the community, that all the
community will be behind the City of Miami. But if we are going to inject now a divisive
issue... and believe me, this is a divisive issue. Whether we like it or not, this is going to be a
controversy. It's going to hurt some members of the community. I am not trying here to derail
the process, because - and I have to say this again - because I was the one that actively
campaigned for a member of the Afro-American community who was in this Commission. So
nobody can tell this Commissioner that he doesn't want districts or want representation. But it's
unfair to the people of Miami to bring this issue so quick, without any explanation, nobody went
to the meetings, and you will say... Well, we did advertise those meetings, but that's the way
things are in the City of Miami. It would be unfair to bring to the ballot in September those
divisive issues. I will predict to you, all of you, that in the past, whenever people see
amendments, from the County or from the City that they do not understand, they would rather
vote no. And I would predict to you that there's going to be a lot of people that are going to be
upset with the leaders of the City of Miami, because we are asking the people of Miami to save
the City because it's the right thing to do, because we are proud of this City; not because this
City is one of the most prosperous in the United States. We have been giving the citizens of
Miami... not punishment, but just grief with all the measures that we have taken. Now, we're
asking the citizens of Miami to save the City, and by the way, expand the City government. It's
impossible to do that. And I appeal to the members of the community to understand that first,
we have to save the City, and that this board is committed to districting, and that this board is
committed to equal representation from all the communities. But I am telling you, and I... I am
telling you, not as a member of this board. I am telling you as a member of the media that I am
getting feedback from the community that is very, very negative towards an election with all
these aspects that will create a lot of controversy. So...
Mayor Carollo: What are the aspects, if my colleagues could tell me? Because I, for one, do not
want to be in a position that I am going to be accused or have this Commission accused as a
81 June 26, 1997
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whole, that I am part of, of having created a Blue Ribbon Panel to do exactly what they did -
give us all kinds of recommendations. They suggested two in particular that we could choose
from, but they gave us at least eight plans, maybe more; if my memory serves me correctly. It
was clear. We had discussed it publicly all over the place that the mandate was for them to bring
it back in time for the September 4th ballot. It was reported in the media that we all hear and
read. So this is nothing new that all of a sudden came up. But which of the issues that are
controversy? And I'm just trying to understand, if some of my colleagues could fill me in. Is it
the districts? Is it the Executive Mayor? Just, you know, what are the issues that... Is it that
we...
Commissioner Plummer: Mr. Mayor, I'll give you my thoughts.
Mayor Carollo: You know, we don't have a single plan that we all would like to see? Is it that
nobody wants districts? Everybody wants districts? Everybody wants to be Mayor? You know,
fill me in so that I can be enlightened.
Vice Mayor Regalado: I will tell you, Mr. Mayor, that the main controversy will be the districts.
I have not heard, frankly, from the people any comments in favor or against the Executive Mayor
issue. But I will tell you that because of the way that the districts are drawn, and the number of
districts are the main issue of controversy. The people of Miami just do not understand how can
we, in the middle of a crisis, add members to this board, and add different budgets to this board?
Now, if we were going to knock on every door and show the budget to the people of Miami, and
tell them that we are not going to spend one more cent, if we are going to tell the people of
Miami that definitely, there is going to be a redrawing of districts to make it exactly as they are,
well, maybe that controversy will go away. But I will tell you, Mr. Mayor and members of the
Commission, that there is a tremendous amount of controversy in the community regarding the
districting plan, as it has been presented.
Mayor Carollo: Well, see, but this is what I'm saying, how it's been presented. We have at least
eight, nine or ten plans that we've been given. That normally is sufficient, where you could find
at least one that would be acceptable. If not, then we should discuss in this board how we could
do it in such a way to find a plan that's acceptable. We, I think, can certainly accomplish that
within the time frame that we have left. However, if we can't meet one day because someone
can't make it, or another day because another one can't make it, then we'll never finish it. I
think that this is something that is of such important that unless there is a death or extreme
sickness in the family, we should all change our schedules to be here and discuss it.
Commissioner Hernandez: Mr. Mayor?
Mayor Carollo: Yes.
Commissioner Hernandez: I, like the rest of you... and you're right, I've been one of the ones
championing the cause of single -member districts for the last two years, two and a half years.
But we have to do what's right, and we have to do what's in the best interest of the City of
Miami.
Mayor Carollo: That's correct.
Commissioner Hernandez: I do not agree with the plans that have come out. I will show you...
And I know we're going to discuss this at a special meeting, so I will prove my point to you,
what is going on with these plans, and I know I will convince you when I start showing you
point by point. For example, the preferred plan of 6-2-13, which I think is the one that they're
talking about now, we're disenfranchising communities. We are splitting precincts in half. The
costs are going to be, somewhat that have not been discussed, a lot higher than previously
82 June 26, 1997
anticipated. When you have a piece of Little Havana, and when you look at districting,
obviously, you look at commonality of interest, you look at the universe of the City of Miami.
You start breaking it up where everybody has a common interest, and that becomes a district.
You look at certain districts... And I'm going to tell you right now, District 6, to give you an
example - and I'm going to leave you with this, and then we'll talk about it at the special
Commission meeting - District 6, in the preferred 6-2-B plan, 69 percent of the voters in District
6 are going to be affected. They're going to be affected because the precincts in that district are
all split. I have an allegiance to District 6 for the simple reason that even though I represent the
entire City of Miami, like you do - you were elected at large, like all of us were - 95 percent of
my voters came from that area. And that area is being disenfranchised. When you have 35,000
Hispanic Americans that are going to be represented in two districts which are going to be
represented by an African -American, there is no commonality of interest there. And there is a
serious problem on how we got to that point. They didn't use the census tract. That is what is
used around the United States. That is a national trend, to use census tract.
r
j Mayor Carollo: See, but...
Commissioner Hernandez: They used a block system. We spoke to Dr. Wilson. Dr. Lichtman
(phonetic) didn't physically look at the numbers. He told our office that. And I have a lot of
questions on how we got to where we got. And this is not a frontal attack on the chairman of this
committee. I am telling you there are a lot of problems and a lot of issues that are being pushed
upon me, upon you, and the rest of this Commission. If we look into it, you will see a lot of
problems. Seventy-five percent of this Commission right now is Hispanic. OK? When you at
the breakdown of these districts...
Commissioner Plummer: Eighty.
Commissioner Hernandez: ... you're going to go down to 50 percent.
Commissioner Plummer: Eighty.
Mayor Carollo: He gave you an extra five for talking so much at every meeting, Commissioner.
Commissioner Hernandez: Thanks, J.L.
Commissioner Plummer: I'll take it.
Mayor Carollo: I'm sorry, go ahead.
Commissioner Plummer: No, you know, if... no...
Commissioner Hernandez: That's all right. You're going to look at serious consequences.
When you have Jose Marti Park, which now will fall into African -American district, that area, as
you know, is almost 95 percent Hispanic. The purpose of going into districting is so each group
gets represented by one of their own. That's how they feel. And we can't look at it by precinct,
because the law tells us it's illegal. I can go on and on in giving you... cite one example after
another.
Mayor Carollo: Well, you're making some interesting points, but at the same time, you're also
making the points that the expert attorneys told us that you cannot... and this is the essential
difference that I had with Ms. Bowman from the beginning. That's why we had to have had this
process. You cannot make the district strictly on race or ethnicity. That's the Supreme Court.
That's not me, that's not you, that's not any one of us. That's the Supreme Court. So...
83 June 26, 1997
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Commissioner Hernandez: I agree with you. But what you can't do is what we're doing now,
which we are seriously sacrificing one community for the benefit of another, and an example...
I'm going to give you a prime example of that. You look at 6-2-B. Why is it that... Why is it...
and this is a question I'm dying to ask Dr. Wilson about, why is it that in districts...' in the two
African -American districts, District 1 and District 2, we have 17,000 Hispanics in District 1 and
17,000 Hispanics in District 2. And then when you go down to the three Hispanic districts, 4, 5
and 6, there's' only 191 black non -Hispanics in District 4, 189 black non -Hispanics, and in
District 6, 3,689? That is a huge disparity of votes. And it's not... It's not equitable, and there is
something seriously wrong on how this was gone... I think the experts that we brought down
here are not aware of the communities down here. And I am telling you, I did not get any solid
answers from either Dr. Wilson or Dr. Lichtman.
Mayor Carollo: Well, what I would suggest, Commissioner, you address yourself to one plan
out of some eight to ten plans. What I suggest is that if none of these plans are good enough for
your liking, for whatever reason, then you bring to this Commission a variation of different
plans, that you have some very able people that can help you, and create some, so that we could
discuss, then, other alternatives. But if we keep going the way it's been in the old days, the way
things used to be done, as Mayor Penelas said recently in the paper, then all that we're going to
be doing constantly is moving backwards, talking about the negative, and not accomplishing
anything, instead of moving forward with ideas on the positive. If any or all of these plans are
not acceptable to you, bring back variations that could be acceptable to you, that we can discuss
here.
Commissioner Hernandez: I have no problem with that. I'm just telling you that there are two
preferred plans that were voted upon by the Blue Ribbon Committee...
Mayor Carollo: Well, that's correct.
Commissioner Hernandez: And you're right, there's eight or nine, ten...
Mayor Carollo: But they sent... they sent all of them to us, though.
Commissioner Hernandez: Correct.
Mayor Carollo: Remember that.
Commissioner Hernandez: Correct.
Mayor Carollo: Thank you.
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Yes.
Commissioner Gort: I'd like to clarify a few points here. Number one, when I was appointed to
this committee, I was told that they would like to see the election of the people to see if they
wanted precincts on the same day that we have the election for the abolishment of the City, to
give the City the options to do so. That's one of the reasons we... I, as a committee chairperson,
pushed that. Number two, I got the... And I think Commissioner Hernandez is making some
very good points, and I'm sorry he didn't bring it up to me before. Like today, I was able to call
up there and tell them some of the worries and doubts that the Commissioner had, and I told Mr.
Lichtman, Professor Lichtman to look at it and see how it can be addressed. Now, my
understanding is that according to them, yes, they used census block. At the same time, they told
me they had the precincts according to populations. There are certain neighborhoods that are
84 June 26, 1997
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more populated than other neighborhoods. And an average of each district is about 60,000
people. A ten percent variable can exist there. And that's how they make the decisions. Now, I
think, once again, the Blue Ribbon Committee met a couple of times. We had a lot of meetings.
We informed, I think, every one of you of the meetings, and I think we sent maps, and if the...
you didn't receive it, please let me know, be I'll go after my staff. Because I think
everybody... we hand -delivered the copies of all the maps. I wish you had gotten the.:. sent me
this information before so we could adjust it, and we could have done so. The decision that was
made by the Blue Ribbon Committee, after all the work they did, is to recommend certain maps
' that they believed was purposeful and that was best. And it was not unanimous, the vote. It was
pretty much divided, and you all know that, because you read it.
Commissioner Plummer: Mr. Mayor, I think you asked what are some of the major problems.
And I'm not finding fault with Willy, because Willy has had an impossible job. But let's
understand how we got where we are today. And that was my...
Commissioner Gort: I want to know what I did to deserve this.
Commissioner Plummer: Well...
Mayor Carollo: In fact, one of the problems that we have is that you have some candidates that
are saying that what I strongly feel that should be something that we should do, and I think all of
us expressed that, and that is that we respect the vote of the people, whereas two members of this
Commission, both my colleagues at the extreme ends of the dais, that will have two years left
after November, that those terms would be respected. We didn't have to gerrymander any
districts to keep them in particular districts, because they happen to live in areas that would fall
squarely within districts to do that. But nevertheless, that's become an issue, because one was
saying this morning, I hear, that lie wants to bring in all his people to get elected so that he could
do whatever he would like to do, whatever that is. So that, I guess, is at least one issue that I am
definitely aware of that some do not want the seats to be staggered. Some would want you,
Commissioner Plummer, and you, Commissioner Regalado, to lose the two years that you would
have left after November that you were elected to serve, and that you would have to run halfway
through your terms.
Commissioner Plummer: Well, Mr. Mayor, I don't want to get into that today. I've stated my
position as to staggered terms. Whether I'm here or not, I think that staggered terms are
mandatory. I can't imagine five, six, seven people all sitting on this dais for the first day trying
to get anything accomplished. That's not the point. I think maybe where we've run amuck is
why we're here today is because of a lawsuit which really prompted us to move faster than
whatever came about. And for that to be proliferated into a committee to other matters... And
now, I hear you for the first time speaking about a package. Well, I don't know what the
package is really going to contain. I can tell you, if you want to kill it in a hurry, simply put in
there to give the Commissioners a raise in salary, and that will kill it faster than anything. But it
was my understanding that the committee was charged with a single responsibility, and that
responsibility was districts, nothing else, nothing less, nothing more. Now, I don't know where
this thing of the Strong Mayor came from, but it was not what I understood was the charge or the
responsibility of the committee. What else may or may not be in a package, I have not heard
anything else. Now, if I may deviate for one second as I... going back to my previous statement.
Mr. City Manager, two months ago, this Commission asked, even to the extent of hiring a
translator, professional translator, that a document be prepared in English and in Spanish, and
possibly even in Creole, explaining in an educational manner the demise or not demise of this
City, to be distributed to the people who, in that particular issue, would have educational
material explaining to them exactly what they need to know to make an intelligent vote. I have
not seen this document. And like we speak of all things around here, there's probably going to
be some disagreement as to the wording. We're not that far off from that particular issue which
85 June 26, 1997
t `y'
is mandated for the 4th of September, and cannot be changed. So I am asking, where is that
document? I think we even agreed to a three thousand dollar ($3,000) fee, as I remember, to
bring in a professional translator... not one of our people who could be said that we were getting
it translated into the way we wanted it translated. So, Mr. Manager, can you answer me? Is that
document finished?
Mr. Edward Marquez (City Manager); No, sir, that document hasn't even started to be formed...
developed as a...
Commissioner Plummer: I'm not talking about the plan, now. I'm talking about a handout piece
to the public.
Mr. Marquez: Well, the plan is the starting point for the document. The plan will dictate exactly
what the voter can expect, once that person has voted for or against the dissolution of the City.
You need the plan as a starting point, and that's how we're attacking it.
Commissioner Plummer: Well, OK. I am just very, very concerned. I don't think the people of
this community are going to vote to abolish the City. I ,just truly believe that's not going to
happen. But I am concerned of the deception that has been used previously, and deception can
destroy, and this City could be demised by deception. The history says that's how they got it to
a ballot, and that, in fact, they paid people to go out and get signatures. When I went... I'll go on
the record again. When I walked up to my precinct, the person who was not even a Miami
resident, with a pad, said to me, "Would you like to cut your taxes in half?" Well, what damn
fool would not say yes? But I knew what it was. So I listened to their spiel, and it was a tirade
of B.S. longer than your arm. But people were falling for it. The simple question, "Do you to
want cut your taxes in halt?" People said, "yes."
Mayor Carollo: We know that. We've heard that. This is the third time that you've told us that
story.
Commissioner Plummer: Mr. Mayor, it's got to be the case. OK? Now, I'm just trying to get it
done.
Mayor Carollo: Well, as you said, the City will survive, and that's one election that we're all
going to win and be on the same side in.
Commissioner Plummer: Septebmer the Sth will be too late.
Mayor Carollo: So let's get to the issue at hand.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor...
Commissioner Plummer: The City... Mr. Mayor, the City Attorney would like to speak.
Mayor Carollo: Mr. City Attorney.
Mr. Jones: Mr. Mayor, just a point. I didn't mean to interrupt, but as a point of clarification, is
there a consensus that we're having a meeting on the 7th, on Tuesday, at seven a.m.? And
secondly, I need you to. pass a resolution. Notwithstanding all I've heard, unless I'm directed
otherwise, the Charter requires a resolution be passed directing the City Attorney to prepare a
Charter amendment prior to adoption of the...
Mayor Carollo: Right. You are correct on both counts, but what we're discussing now, before
we will make those motions, is a previous meeting, previous to the Tuesday meeting, so that we
86 June 26, 1997
74,
M
can air out all the things that we need to in preparation for that meeting on Tuesday to save time.
Now, if I could .go back to what I said before, to see how we could change our schedules so that
we could all try to meet on Saturday sometime.
Commissioner Plummer: But he can't do it. How about Monday morning at seven?
Mayor Carollo: What we're doing is, we're cutting it real short.
Commissioner Plummer: Well, OK.
Mayor Carollo: Because the staff has to find additional information for the Tuesday meeting.
We don't give them' much of a chance.
Commissioner Plummer: Mr. Mayor, I'm sorry. I have not only a funeral in the morning, but
the funeral of a personal friend. I have to be there.
Mayor Carollo: Not on Saturday, correct?
Commissioner Plummer: No, sir, that's tomorrow.
Mayor Carollo: OK, tomorrow. But on Saturday, you're fine in the morning?
i
Commissioner Plummer: Saturday, I can make Saturday. If you make it at seven a.m., I can
definitely be here for at least two hours, if not more.
Mayor Carollo: Yeah, Saturday at seven in the morning.
Vice Mayor Regalado: I'm OK with Saturday.
Mr. Jones: Can we get that in the form of a motion, Mr. Mayor?
Commissioner Plummer: Wait a minute. We've got to respect our colleague who says that he's
got a problem. If he's going out of town. His wife is going to cut his throat. That's why I'm
single. Joe?
Mayor Carollo: Yeah.
Commissioner Plummer: What about Friday night, tomorrow night? I could make tomorrow
night.
Mayor Carollo: OK. Saturday morning at seven. He said we could do it.
Commissioner Plummer: Saturday morning at seven, and the Manager will bring the bagels.
Mr. Jones: Are you going to get a motion, Mr. Mayor?
Mayor Carollo: OK. Now...
Commissioner Plummer: I move that...
Mayor Carollo: We meet on Saturday morning at seven a.m., as a workshop meeting, to discuss
the districts.
Commissioner Plummer: That's fine.
2�1
87
June 26, 1997
Mayor Carollo: And everything else involved with it.
Commissioner Plummer: You want to tentatively agree also for Tuesday morning at seven?
Mayor Carollo: That will be a public hearing on Tuesday.
I Commissioner Plummer: All right. I will move at this time that the City Commission schedule
on June the 28th at seven a.m. a workshop meeting in reference to districting and... Is that just
districting, or is it districting and the survival of the City?
Mayor Carollo: No. We're going to be...
Commissioner Plummer: Just districting? All right.
Mayor Carollo: ... discussing strictly the...
Commissioner Plummer: And that a further meeting be...
Mayor Carollo: ... recommendations given to us by the Blue Ribbon Committee.
Commissioner Plummer: And a further full public hearing be held on July the 1st at seven a.m.
So move.
Mayor Carollo: Tuesday, July the 1st.
Commissioner Hernandez: July the 1st?
Mayor Carollo: Yeah. Tuesday, July 1st.
Commissioner Plummer: So move.
Mayor Carollo: OK. There's a motion.
Vice Mayor Regalado: Second.
Mayor Carollo: There is a second by the Vice Mayor. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
1 Mayor Carollo: No "nays."
88 June 26, 1997
.jY�
n;
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.97-428
A MOTION SCHEDULING A WORKSHOP OF THE CITY COMMISSION ON
SATURDAY, JUNE 28, 1997 AT 7 A.M. IN CONNECTION WITH
RECOMMENDATIONS OF THE BLUE RIBBON COMMITTEE CONCERNING
PROPOSED ESTABLISHMENT OF SINGLE MEMBER DISTRICTS; FURTHER
SCHEDULING A SPECIAL COMMISSION MEETING ON.TUESDAY, JULY 1, 1997
AT 7 A.M. IN ORDER TO HOLD A PUBLIC HEARING ON THE SAME ISSUE.
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.
Mr. Jones: Mr. Mayor, do you want to adopt at this time the resolution, or do you want to wait?
Mayor Carollo: On the...
Mr. Jones: Directing the City Attorney to prepare a Charter amendment?
Mayor Carollo: I think you should start doing that, just in case, but...
Mr. Jones: Do you want to hold off on the resolution?
Mayor Carollo: Well, you should start preparing that if...
Mr. Jones: OK. I am.
Mayor Carollo: There's a motion by Commission Plummer, second by Commissioner Gort. All
in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
89 June 26, 1997
;3r
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-429
A RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE AN
AMENDMENT(S) TO THE CHARTER OF THE CITY OF MIAMI FOR A SPECIAL
MUNICIPAL ELECTION TO BE HELD ON THURSDAY, SEPTEMBER 4, 1997, TO
PROVIDE FOR THE ESTABLISHMENT OF SINGLE MEMBER DISTRICTS IN THE
CITY OF MIAMI AND PROCEDURES FOR ELECTION OF COMMISSIONERS TO
REPRESENT SAID DISTRICTS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
---------------------------------------------------------------------------------------------------------------
23. BRIEF COMMENTS BY MAYOR ON PROCEDURE FOR PUBLIC HEARING
REGARDING BRICKELL GATE.
Mayor Carollo: OK. We're done with that.
Commissioner Plummer: Seventeen.
Mayor Carollo: Now, we got just about 35 minutes before the five o'clock scheduled hearing.
Commissioner Plummer is not leaving, then, like he said.
Commissioner Plummer: Yes, yes, I said that. I had an emergency dead bolt.
Mayor Carollo: Yeah, well, the doors will be locked on the side, so you can't leave. But as I
had announced when this meeting began this morning, the way that we're going to go about it is
that from both sides that will be coming, there will be eight to no more than ten people that can
speak on each side, two minutes each. If you start getting more than that, it's just going to be
repetitious. Anybody that would like to express themselves from one side or the other in
addition to that can give their names to the City Clerk, and it will duly be noted. At the same
time, we could give both sides several minutes to make one major presentation, and the rest of
the time will be taken by the Administration and this Commission to discuss the issue at hand,
and make a decision on whatever we can make a decision on. I stated before that I have to leave
by six -twenty, but an hour and twenty minutes should be sufficient time to be able to finish this
M
June 26, 1997
U
item. Out of the items that we have left for this afternoon, what I would suggest, instead of
getting involved in some of the additional discussion items, if we could quickly jump to try to
take care of some business that we do have to take care of by beginning and going to the zoning
agenda. And on the zoning agenda, maybe we could begin by the ones that... the items that are
on second reading that should be non -controversial, and we could get done fairly quick. Would
that be all right with the Commission?
Commissioner Gort: Yeah, I don't have a problem. But 17, like Commissioner Hernandez, I
received a lot of calls on this. On some of the...
Mayor Carollo: OK. Well, any items that are controversial, yeah, pull them out of the agenda,
with the exception of the one we're going to hear at five.
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
----------------------------------------------------------------------------------------------------------------
24. DEFER CONSIDERATION OF AGENDA ITEM 17 (REVIEW OF
ORDINANCE 11425, CHAPTER 42, SECTION 42-8 OF CODE,
ESTABLISHING FEES FOR SECOND HAND DEALERS AND PAWN
SHOPS) -- INSTRUCT CITY MANAGER TO REVIEW AND SUBMIT
REPORT TO CITY COMMISSION.
----------------------------------------------------------------------------------------------------------------
Commissioner Gort: Seventeen, I think, is simple.
Commissioner Hernandez: Yeah, it's simple.
Mayor Carollo: Seventeen?
Commissioner Hernandez: Yeah, 17.
Commissioner Gort: It's instructing staff to look into it.
Mayor Carollo: OK. Yeah, 17 is... Do you want to make a...
Commissioner Hernandez: Yeah. Mr. Mayor, I requested the Manager to put item 17 on the
agenda, which is really to discuss Ordinance Number 11425, Chapter 42, Section 42-A of the
Code, dealing with the fees for secondhand dealers and pawnshops. And this really deals with...
not the pawnshops, but the antique dealers. And I'd like to instruct... this is a motion, really, to
instruct the Manager to look into the package that I have attached to my request, and... in order
so we don't have to get into it. I think it's really non -controversial, but I don't know from the
administrative side. We have a problem with... I've gotten so many calls. You've seen my
packet. All the antique stores from... that reside in the City of Miami have signed it. And
basically, their feelings are there. It's very... quite simple, open and shut. I don't know how the
rest of my colleagues feel about it, but I feel that the intent... the intent of the ordinance really
wasn't to look after the antique dealers, but the actual pawnshops.
Commissioner Gort: Yeah, I'll second it. If there's a motion, I'll second.
Mr. Edward Marquez (City Manager): Commissioner, what we would like to do is we can get
back to you with a written report, because there are a couple of issues involved in this process,
some of it dealing with Florida Statutes.
91 June 26, 1997
0
Commissioner Hernandez: Well, that's fine.
Commissioner Plummer: Yeah, but what... Let me ask this question, Mr. Manager. Again, are
we deviating from the five-year plan? That five-year plan showed a certain source of revenue
predicated on "X" number of applications.
Mr. Marquez: We will cover that in our report back to you.
Commissioner Plummer: Well, you know, I've told you before, if you could get the drug dealers
on Grand Avenue to take occupational licenses, we'd be out of debt.
Mr. Marquez: We're taking their cars now.
Commissioner Plummer: OK. I'm just... I'm just concerned. You know, every time we are
meeting now, one more time, we're deviating from that which we had as far as a five-year plan.
And I maybe would agree or disagree, but I think that's... it's got to be uppermost in our minds.
We were going to sell the police station. Now, we're not going to sell the police station. We
were going to do this. We're going to do that. So, OK.
Mayor Carollo: Can we move on?
Commissioner Plummer: Yes, sir.
Mayor Carollo: OK.
----------------------------------------------------------------------------------------------------------------
25. DIRECT ADMINISTRATION TO MEET WITH COMMISSIONER
HERNANDEZ TO ADDRESS CONCERNS REGARDING AGENDA ITEM 18,
TOWING CONTRACTS AND AGENDA ITEM 19, PROPOSED
SUBORDINATION OF DOWNTOWN INVESTMENTS, INC. AND
SCHEDULED SAID ITEMS FOR JULY 10, 1997 COMMISSION MEETING. --
SEE LABEL 18.
Mayor Carollo: On item 18 and 19 that were discussion items requested by Commissioner
Hernandez, I think he would agree that because of the limited time that we will have left today
that these will be placed in the next meeting agenda to be dealt with.
Commissioner Hernandez: Mr. Mayor, I'd like... I'd like, if it's possible, to be... to request the
Manager to put item 18 and 19 on the July loth agenda, please.
Mayor Carollo: What I would also like for the Manager to do is, if he could sit down with
Commissioner Hernandez on item 18 and 19, so that you could try to go over his concerns and
try to speed the time that we will have to spend on them at the next meeting.
Commissioner Plummer: Mr. Mayor...
Mr. Edward Marquez (City Manager): We'll be happy to, sir.
Commissioner Plummer: Mr. Mayor, I would ask, also, the Manager to come back. It's my
indication from some of the people that are in the business that, in fact, the system that we're
92 June 26, 1997
Y
presently using is antiquated. OK? That other systems used by other agencies are much superior
and much streamlined. And in particular, I'll say to you that what I'd like the information on. It
is my understanding that when the City sends a bill, they sit back and credit where they were
cancelled en route... I guess they're called credits, OK? And that system is now taking
sometimes two and three months after the fact that a bill has been sent, and they're drawing
down on the ten thousand dollar ($10,000) bond. And you're going to hear at one of these
hearings, at the next hearing, that one of the firms did not have a deficit in his bond. Matter of
fact, the City owed him money when the credits were put forth. But I am told that Metro and
other agencies, they have the credits and everything done the month that the bill is sent. So I'm
saying to you, not reinvent the wheel, but if our system has got a problem, let's look at what
other systems are doing and see if we can't improve on our system.
Mr. Loraine Lichtman: I just want to explain one thing with the billing. I receive my bill, and I
go down and I pay it the same day. They came up with a form letter which they asked the
towing companies to supply, certificates of destruction, with the case number to the police
department, so they know which cars have been junked and which cars have not. And I don't
see a problem with it, if they would do what the Police Department asked. I don't know... Chief
Martinez, are you aware of the billing and what I'm talking about? I mean, I received a bill that
I owe the City thirty dollars ($30) from over a year ago, or sixty dollars ($60), and I wrote a
check and paid the City. The City is in trouble, and the City needs their money, and I feel like I
don't have the right to hold onto the City's money. Now, I know what they want to do is, they
don't want to pay the City the 60, 30 or 90 days. But there is a way to do it. You know, they
want to use the Metro system. I tow for Metro, I tow for Metro -Dade. Well, if you want to use
the Metro system, you can. There's a lot of ways that you can get around that. And right now,
the City is going to wind up having a problem. And I really don't know why I'm down here
today. I didn't know this was on the agenda, and I found out, you know, and I just lost my
husband, and I got a business to run, and I'm going to run it right, and I lost him. But when I get
my bill, I pay it. I work for the City of Miami. I work for the police station. What they tell me
to do, I will do. I know some of us make a mistake, and everybody will make a mistake. But I
feel like I work for the City of Miami, and if I owe them money, I pay them. Thank you.
Commissioner Hernandez: Mr. Manager, 18 and 19 for next agenda, I again request.
NOTE FOR THE RECORD: At this point, agenda items 18 and 19
were continue tote ommission meeting of July 10, 1997.
NOTE FOR THE RECORD: AT THIS POINT, THE CITY
COMMISSION CLOSES CONSIDERATION OF THE REGULAR
PORTION OF THE AGENDA TO CONSIDER ITEMS FROM THE
PLANNING AND ZONING PORTION OF THE AGENDA,
93 June 26, 1997
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 26th 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 4:35 p.m. by Mayor Joe Carollo with the following
members of the Commission found to be present:
ALSO PRESENT:
ABSENT:
Mayor Joe Carollo
Vice Mayor Tomas Regalado
Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
Edward Marquez, City Manager
A. Quinn Jones, I1I, City Attorney
----------------------------------------------------------------------------------------------------------------
26. CONTINUE CONSIDERATION OF PZ4, (APPEAL CONCERNING
CONSTRUCTION OF CORAL ROCK WALL AROUND 3041 OAK AVENUE)
TO COMMISSION MEETING OF SEPTEMBER 25, 1997.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: We're back on the zoning agenda. On... Is PZ-1 controversial, or is this quick?
Who is here for PZ-1?
Commissioner Plummer: It's an appeal, so it's got to be controversial.
Mayor Carollo: It's an appeal?
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): Yes. There are members of
the neighborhood association here that would like to speak on that.
Mayor Carollo: OK. Let's leave that to see how much time we have at the end, because...
Ms. Slazyk: There are several items that we can dispense of right away. I have a few
continuances.
94 June 26, 1997
Mayor Carollo: OK. Can you lead us through the quick ones, like the ones on second reading
that would be quick to do?
Ms. Slazyk: Sure. Well, first of all, PZ-4, the Administration would like to get a continuance to
September 25th.
Commissioner Plummer: On which one?
Ms. Slazyk: PZ-4. We have spoken to the appellant and they have concurred.
Commissioner Plummer: Move it for deferral.
Commissioner Gort: Second.
Commissioner Plummer: To when?
Ms. Slazyk: September 25th.
Commissioner Plummer: September 25th, a date certain.
Ms. Slazyk: A date certain.
Mayor Carollo: OK. PZ-4 will be deferred to September the 25th.
Ms. Slazyk: Right.
Mayor Carollo: There's a motion, there's a second. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There's no "nays." It passes.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.97-430
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-4 (APPEAL
CONCERNING CONSTRUCTION OF CORAL ROCK WALL AROUND 3041 OAK
AVENUE [DR. EMERSON W. AYARS' HOUSE]) TO THE COMMISSION
MEETING PRESENTLY SCHEDULED FOR SEPTEMBER 25, 1997.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
95
June 26, 1997
Commissioner Plummer:
My only question... Mr. Mayor?
Mayor Carollo: Yes.
Commissioner Plummer:
There's work being done on that structure right now. Hello?
Ms. Slazyk: Yes.
Commissioner Plummer:
There's work being done on that building right now, and they've been
working on it.
Ms. Slazyk: Yes.
Commissioner Plummer:
So this is not affecting it?
Ms. Slazyk: No.
Commissioner Plummer:
OK.
Ms. Slazyk: This is on the wall.
Commissioner Plummer:
OK.
Ms. Slazyk: Also, on PZ-9 and 10, the Administration would like to ask for an indefinite
deferral.
NOTE FOR THE RECORD: At this point, agenda items PZ-9 and
-10 were withdrawn.
----------------------------------------------------------------------------------------------------------------
27. APPROVE ZONING BOARD DECISION TO GRANT SPECIAL EXCEPTION
TO MIAMI JEWISH HOME & HOSPITAL FOR THE AGED, INC. -- TO
PERMIT INCREASE IN CLIENTS FROM 576 TO 666 -- FURTHER TO
ALLOW ADDITIONS OVER 20% -- ZONED G/I/GOVERNMENT AND
INSTITUTIONAL— LOCATION: 5200 N.E. 2 AVENUE.
Mayor Carollo: OK. We're now... PZ-5, is that...
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): PZ-3 is non -controversial.
Mayor Carollo: PZ-3 is not? OK. We'll go hack to PZ-3.
Commissioner Plummer: I'll move it.
Mayor Carollo: Move PZ-3.
Commissioner Hernandez: Second.
June 26, 1997
vi'mPli.l.
r�
Mayor Carollo: Second.
Commissioner Plummer: Only wish we had more...
Mayor Carollo: Does the Administration approve it?
Ms. Slazyk: The department recommends approval.
Mayor Carollo: All right.
Commissioner Plummer: I only wish we had more agencies like the Jewish Home for the Aged.
They do a fantastic job in this City.
Mayor Carollo: Absolutely.
Commissioner Hernandez: Absolutely.
Mayor Carollo: Absolutely. Anyone from the public who would like to address PZ-3? OK.
Hearing no one else wanting to speak to the issue, all in favor of PZ-3, say "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes with no "nays."
Unidentified Speaker: Thank you very much.
Mr. Joel Maxwell (Deputy City Attorney): That's a motion affirming the decision...
Mayor Carollo: Excuse me? We just did it. It was passed. Too late, Joel.
Ms. Slazyk: Yeah. It's a special exception with City Commission approval.
Mr. Maxwell: Right. I just wanted to make sure the Clerk understood what occurred.
Mayor Carollo: Yeah.
97 June 26, 1997
a'.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.97-431
A RESOLUTION, WITH ATTACHMENT(S); AFFIRMING THE DECISION OF THE
ZONING BOARD THEREBY GRANTING A SPECIAL EXCEPTION FROM THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, G/I GOVERNMENT
AND INSTITUTIONAL, TO PERMIT AN INCREASE IN CLIENTS TO AN
EXISTING COMMUNITY BASED RESIDENTIAL FACILITY FROM FIVE
HUNDRED SEVENTY-SIX (576) CLIENTS TO SIX HUNDRED SIXTY-SIX (666)
CLIENTS AND TO ALLOW ADDITIONS OVER 20% FOR THE PROPERTY
LOCATED AT APPROXIMATELY 5200 NORTHEAST 2ND AVENUE (MORE
PARTICULARLY DESCRIBED HEREIN); PER PLANS ON FILE; WITH A TIME
LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT
MUST BE OBTAINED.
(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.
----------------------------------------------------------------------------------------------------------------
28. SECOND READING ORDINANCE: AMEND ORDINANCE 10544 FROM
SINGLE FAMILY RESIDENTIAL TO DUPLEX RESIDENTIAL -- CHANGE
FUTURE LAND USE ELEMENT OF COMPREHENSIVE PLAN --
LOCATION: 2979-89-95 S.W. 4 STREET.-- APPLICANT: PLANNING &
DEVELOPMENT.
Mayor Carollo: PZ-5.
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): Five is...
Mayor Carollo: Second reading ordinance.
Ms. Slazyk: PZ-5 and 6 are second reading. It's not controversial. There are no... no opponents.
Mayor Carollo: Is there anyone that would like to address PZ-5?
98
June 26, 1997
Commissioner Gort: Move it.
Mayor Carollo: Now it's moved by Commissioner Gort.
Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Hernandez. Can you read the ordinance? Call the
roll, please.
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND. USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATIONS OF THE PROPERTY LOCATED AT APPROXIMATELY 2979-89-
95 SOUTHWEST 4TH STREET, FROM SINGLE FAMILY RESIDENTIAL TO
RESIDENTIAL DUPLEX; MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of March 27, 1997, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Gort,
seconded by Commissioner Hernandez, 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. 11515.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
29. SECOND READING ORDINANCE: AMEND ORDINANCE 11000, ARTICLE
4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS -- FROM R-1
SINGLE FAMILY RESIDENTIAL TO R-2 DUPLEX RESIDENTIAL --
LOCATION: 2979-89-95 S.W. 4 STREET -- APPLICANT: PLANNING &
DEVELOPMENT.
Mayor Carollo: PZ-6 is a companion item.
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): Yes.
Commissioner Gort: Move it.
99 June 26, 1997
Mayor Carollo: Moved by Commissioner Gort.
Commissioner Plummer: How does this... I'll second it.
Mayor Carollo: Second by Commissioner Plummer.
Commissioner Plummer: How does this differentiate from 5? It's the same address.
Ms. Slazyk: Right. Five is the zoning amendment or 4... 5 is the zoning amendment and 6 is
the... or 5 is the comp. plan, 6 is the zoning. They're companions.
Mr. Joel Maxwell (Deputy City Attorney): Six is zoning. You have to do the comp.
(comprehensive) plan first.
Commissioner Plummer: OK.
Mayor Carollo: Read the ordinance. Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ATLAS OF THE ZONING
ORDINANCE BY CHANGING THE ZONING CLASSIFICATION FROM R-1
SINGLE FAMILY RESIDENTIAL TO R-2 DUPLEX RESIDENTIAL, FOR THE
PROPERTIES LOCATED AT APPROXIMATELY 2979-89-95 SOUTHWEST 4TH
STREET, MIAMI, FLORIDA, AND BY MAKING ALL THE NECESSARY
CHANGES ON PAGE 33 OF SAID ZONING ATLAS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
passed on its first reading, by title, at the meeting of March 27, 1997, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Gort,
seconded by Commissioner Plummer, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11516.
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.
100 June 26, 1997
WOw
----------------------------------------------------------------- ------------------------------------ -- r -- r -----
30. (A) CONTINUE CONSIDERATION OF PZ7 (PROPOSED ORDINANCE
TO AMEND CHAPTER 4 OF CODE TO ADD EXCEPTION FOR
ALCOHOLIC BEVERAGE ESTABLISHMENT USES WHICH
PRECEDE SCHOOLS OR CHURCHES) TO COMMISSION
MEETING OF SEPTEMBER 25, 1997.
(B) CONTINUE CONSIDERATION OF PZS (PROPOSED ORDINANCE
TO AMEND ORDINANCE 11000 TO PROVIDE EXCEPTION
CLAUSE FOR ALCOHOL BEVERAGE ESTABLISHMENT USES
WHICH PRECEDE SCHOOLS OR CHURCHES) TO COMMISSION
MEETING OF SEPTEMBER 25, 1997.
Commissioner Plummer: Mr. Mayor, I'd like to ask for a deferment on 7 and 8.
Mayor Carollo: OK. There's a motion.
Commissioner Hernandez: Second.
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): To July or September?
Commissioner Plummer: To a date certain, September... what is it? September what?
Ms. Slazyk: Do you want July or September?
Commissioner Plummer: September.
Ms. Slazyk: September 25th.
Commissioner Plummer: OK.
Mayor Carollo: OK. There's a motion to...
Commissioner Gort: Wait a minute. Hold it.
Mayor Carollo: ... defer item 7.
Commissioner Plummer: And 8, Mr. Mayor. They're companions.
Mayor Carollo: And 8. PZ items 7 and 8.
Commissioner Plummer: I want to get it straight about what they're doing, which way, and
which way, and which way.
Mayor Carollo: Is there a second?
Commissioner Hernandez: Second.
Mayor Carollo: Second. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
101
June 26, 1997
;x�
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.97-432
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-7
(PROPOSED ORDINANCE TO AMEND CHAPTER 4 OF THE CODE OF THE CITY
OF MIAMI TO ADD AN EXCEPTION FOR ALCOHOLIC BEVERAGE
ESTABLISHMENT USES WHICH PRECEDE SCHOOLS OR CHURCHES) AND
AGENDA ITEM PZ-8 (PROPOSED ORDINANCE TO AMEND ZONING
ORDINANCE 11000 TO PROVIDE AN EXCEPTION CLAUSE FOR ALCOHOL
BEVERAGE ESTABLISHMENT USES WHICH PRECEDE SCHOOLS OR
CHURCHES) TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR
SEPTEMBER 25, 1997.
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
31. (A) CONTINUE CONSIDERATION OF PZ 9 (PROPOSED ORDINANCE
TO AMEND ORDINANCE 10544 BY CHANGING LAND USE
DESIGNATION OF MUNICIPAL JUSTICE BUILDING, 1155 N.W.
11 STREET FROM RESTRICTED COMMERCIAL TO MAJOR
INSTITUTION& PUBLIC FACILITIES, TRANSPORTATION AND
UTILITIES) TO COMMISSION MEETING OF JULY 24, 1997.
(B) CONTINUE CONSIDERATION OF PZ10 (PROPOSED ORDINANCE
TO CHANGE ZONING OF MUNICIPAL JUSTICE BUILDING AT
1155 N.W. 11 STREET FROM C-1 RESTRICTED COMMERCIAL TO
G / I / GOVERNMENT INSTITUTIONAL) TO COMMISSION
MEETING OF JULY 24, 1997.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I'll move item 9.
Mayor Carollo: Item 9 has been moved.
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): Nine and 10 are the ones
we asked...
Commissioner Plummer: Deferred?
Ms. Slazyk: we have asked for a deferral, or withdrawn, I guess.
102
June 26, 1997
A1A
Commissioner Plummer: OK.
Commissioner Gort: Right. Ten, also,
Mr. Joel Maxwell (Deputy City Attorney): Show him if we... Mr. Mayor, they asked for
indefinite withdrawal on that, indefinite.
Ms. Slazyk: Indefinite deferral.
Mr. Maxwell: That should be shown as a withdrawal.
Commissioner Plummer: Which one? Nine and 10?
Ms. Slazyk: Nine and 10.
Mr. Maxwell: Nine and 10.
Commissioner Plummer: I'll move that, in concurrence with the City Attorney, that a request of
withdrawal be granted.
Commissioner Hernandez: Second.
Mayor Carollo: Why does the Administration want to withdraw these two items?
Ms. Slazyk: This is the rezoning and comp. plan amendment for the Municipal Justice Tract.
Mayor Carollo: Right. That's why I'm asking.
Ms. Slazyk: We were proposing to change it from C-1 to GI.
Mayor Carollo: Right.
Ms. Slazyk: There are some problems with the GI zoning that we need to study further that
could impact this property. So before we rezone it, we want to make sure that the GI zoning
district is proper for what the redevelopment of that site should be.
Mayor Carollo: I'm just surprised that it got to this point before we'd seen some possible
problems there.
Commissioner Plummer: How is that going to differentiate on item 11? How is this, 9 and 10,
going to be different than 11, which is the other police station?
Ms. Slazyk: Right. Eleven and 12, we're asking to go from GI to C-1, which is a more
appropriate zoning for that.
Mayor Carollo: Yeah, well, have...
Ms. Slazyk: This was the other way around, because we were looking for a possible hospital on
this property.
Mayor Carollo: Yeah. Have Jack talk to me on PZ-9 and PZ-10, because these two, we had for
sale, and there's an RFP (Request for Proposals) out on them already.
103 June 26, 1997
x.
Commissioner Plummer: You want to defer them, Mr. Mayor?
Mr. Maxwell,- Mr. Mayor, let...
Commissioner Plummer: My motion is to defer.
I Mr. Maxwell: Could I make a suggestion on that? Because there's a possibility that they may
come back with something different, but not yet required to go back to the PAB (Planning
Advisory Board), that you defer, say, to...
Ms. Slazyk: To December?
i
Mr. Maxwell:... ninety days or something like that.
Commissioner Plummer: I defer to... till July 24th. We can deal with it again then..
Ms. Slazyk: All right. That's fine.
Mayor Carollo: There's a motion to defer item PZ-9 and PZ-10. Is there a second for it?
Commissioner Plummer: Right.
Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Hernandez. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-433
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-9
(PROPOSED ORDINANCE TO AMEND ORDINANCE 10544 BY, CHANGING
LAND USE DESIGNATION OF .THE CITY OF MIAMI MUNICIPAL JUSTICE
BUILDING LOCATED AT 1155 N.W. 11 STREET FROM RESTRICTED
COMMERCIAL TO MAJOR INSTITUTIONAL, PUBLIC FACILITIES,
TRANSPORTATION AND UTILITIES) AND AGENDA ITEM PZ-10 (PROPOSED
ORDINANCE TO CHANGE ZONING OF MUNICIPAL JUSTICE BUILDING AT
1155 N.W. 11 STREET FROM C-1 RESTRICTED COMMERCIAL TO G/I
GOVERNMENT INSTITUTIONAL) TO THE COMMISSION MEETING
PRESENTLY SCHEDULED FOR JULY 24, 1997.
104 June 26, 1997
LQ;
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.
----------------------------------------------------------------------------------------------------------------
32. SECOND READING ORDINANCE: AMEND ORDINANCE 10544 -- AMEND
COMPREHENSIVE NEIGHBORHOOD PLAN BY AMENDING FUTURE
LAND USE MAP -- CHANGE LAND USE DESIGNATION OF CITY POLICE
SUBSTATION AT 2200 WEST FLAGLER STREET AND OF PROPERTY AT
2326 S.W. 1 STREET FROM MAJOR INSTITUTIONAL, PUBLIC
FACILITIES, TRANSPORTATION AND UTILITIES TO RESTRICTED
COMMERCIAL. -- APPLICANT: PLANNING &DEVELOPMENT.
Commissioner Plummer: I move 11 and 12 be approved.
Mayor Carollo: It's going to have to be 11 first.
Commissioner Plummer: Well, they... you've got to do them individually. They're ordinances.
Commissioner Plummer: I move 11 first.
Mayor Carollo: There's a motion to approve PZ-11, second by Commissioner Hernandez. Can
you read the ordinance?
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 2200
WEST FLAGLER STREET AND 2326 SOUTHWEST 1ST STREET, FROM "MAJOR
INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES,"
TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
105
June 26, 1997
passed on its first reading, by title, at the meeting of May 22, 1997, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Plummer,
seconded by Commissioner Hernandez, the ordinance was thereupon given its second and
final reading by title, and was passed and 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. 11517.
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.
----------------------------------------------------------------------------------------------------------
33. SECOND READING ORDINANCE: AMEND ORDINANCE 11000 -- AMEND
ZONING ATLAS -- CHANGE ZONING DESIGNATION OF CITY POLICE
SUBSTATION AT 2200 WEST FLAGLER STREET AND PROPERTY AT
2326 S.W. 1 STREET FROM G11 GOVERNMENT AND INSTITUTIONAL TO
C-1 RESTRICTED COMMERCIAL -- APPLICANT: PLANNING &
DEVELOPMENT.
Commissioner Plummer: Move 12.
Mayor Carollo: There's a motion on 12 by Commissioner Plummer.
Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gort. Read the ordinance. Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ATLAS BY CHANGING THE
ZONING CLASSIFICATION FROM G/I GOVERNMENT INSTITUTIONAL TO C-1
RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 2200 WEST FLAGLER AND 2326 SOUTHWEST 1ST STREET,
MIAMI, FLORIDA; AND BY MAKING ALL THE NECESSARY CHANGES ON
PAGE 34 OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
106 June 26, 1997
passed on its first reading, by title, at the meeting of May 22, 1997, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Plummer,
seconded by Commissioner Gort, the ordinance was thereupon given its second and final
reading by title, and was passed and adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas •Regalado
Mayor Joe Carollo
NAYS: None. -
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11518.
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.
----------------------------------------------------------------------------------------------------------------
34. SECOND READING ORDINANCE: AMEND ARTICLE 7 OF ORDINANCE
11000 -- AMEND SECTION 701.1.1, CONDITIONAL USES -- TO ALLOW
FOR USES IN RECONSTRUCTED HISTORIC STRUCTURES,
CONDITIONALLY -- APPLICANT PLANNING & DEVELOPMENT.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Move 13.
Mayor Carollo: There's a motion to move PZ-13. Is there a second?
Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gort. Read the ordinance. Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
MIAMI BY AMENDING ARTICLE 7, "HP HISTORIC PRESERVATION OVERLAY
DISTRICTS," SUBSECTION 704.1.1 "CONDITIONAL USES," TO ALLOW SAID
USES IN RECONSTRUCTED HISTORIC STRUCTURES CONDITIONALLY;
CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTI.VE DATE.
107 June 26, 1997
passed on its first reading, by title, at the meeting. of May 22, 1997, was taken up for its
second and final reading, by title, and adoption, On motion of Commissioner Plummer,
seconded by Commissioner Gort, the ordinance was thereupon given its second and final
reading by title, and was passed and adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11519.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public'.
-----------------------------------------------------------------=----------------------------------------------
35. CONTINUE CONSIDERATION OF PZ1 (APPEAL OF VARIANCE DENIED
TO PERMIT ADDITION FOR EXISTING SINGLE FAMILY RESIDENCE AT
1772 S.W. 10 STREET) -- AND PZ2 (PPEAL OF VARIANCE DENIED TO
PERMIT STRUCTURES WITH LESS THAN REQUIRED SETBAKCS FOR
EXISTING SINGLE FAMILY RESIDENCE AT 2225 S.W. 19 STREET) TO
COMMISSION MEETING OF JULY 24, 1997 AT 6:P.M.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: What do we have left on the zoning agenda? One...
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): One and 2.
Mayor Carollo: ... and 2. Which of these two might be the quickest one?
Ms. Slazyk: They're both appeals of variances that were denied by the Zoning Board. They're
in the same area, and the same neighborhood association is here to speak on both.
Mayor Carollo: OK. Do you think we could accomplish one or the other in about 15 minutes, or
not? If not, we're going to have to defer. OK. Who is present here on PZ-1?
Commissioner Plummer: Is the applicant here or...
Unidentified Speaker: Yes, they are. They're right there.
Mayor Carollo: Who is the applicant on PZ-1?
Ms. Slazyk: Again, PZ-1 is an appeal of a variance that was denied.by the Zoning Board. The
department is also recommending denial of the variance and denial of the appeal.
Mayor Carollo: OK. Are you the owners of this property?
108
June 26, 1997
Walter Foeman (City Clerk): Mr. Mayor, I'm going to have to swear them in.
Mayor Carrillo: Yes. They're sworn in?
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mayor Carollo: OK. Does the lady need a translator?
Mr. Juan Herrera: Yeah. She's my mother, and I'm going to talk on behalf of my mom.
Mayor Carollo: OK. That's fine.
Mr. Herrera: OK. What we want today, we want to request a continuance so we can be
represented by a lawyer.
Mayor Carollo: That's fair. They have that right. It's the first time they've been here.
Ms. Jacqueline Cotarelo-Echagarrua: I understand. No, but...
Ms. Slazyk: He's the appellant.
Ms. Cotarelo-Echagarrua: I think they went to the zoning, and they had an attorney present there
that was a friend of theirs. He was here earlier. I understand. But we're here as neighbors that
have been here since two. We have small kids. I mean, how much more do we have to put up
with this? And this is something that...
Mayor Carollo: I understand that, but we have to give them some due process, also. You know,
I'm sorry. You know, I understand how you feel and I think you know that in other items that
you've brought up to us, we've sided with you in protecting the integrity of the neighborhood.
But we have to give them that due process. You know, as far back as I can remember, every
time someone has wanted an extension for the reason that they have asked for it, we've always
given it to them.
Ms. Cotarelo-Echagarrua: I understand, and I really appreciate it, but who gives the neighbors
who've been inflicted with these things due process?
Mayor Carollo: I understand how you feel, but I'm sorry. That's what this Commission has
always done.
Mr. Jose Echagarrua: Could you set the next hearing after five, so that other people could be
here? We've been here since two o'clock. A lot of people from our association did not come
because...
Mayor Carollo: Well, I would gladly place it to be heard after five p.m.
Commissioner Gort: When's the next meeting?
Commissioner Plummer: July, July the 24th.
Mayor Carollo: In fact, what I would suggest is that both of these items that are left, since we're
not going to get done with either one in 15 minutes, we place both of them for the next meeting.
109 June 26, 1997
I��A I'.M.• 4 i't
Ms. Cotarelo-Echagarrua: You know, with all due respect, for my time here... I mean, I've been
here since two. I have small kids who have been here since two. At least, you know, let's try to
go ahead and go through PZ... Because what I'm listening to now is if I come and I say, well, I
think I request time to get an attorney... these individuals... This has been going on not only
recently, it's been going on for years. If this is when it dawns on them that they need an
attorney... I mean, I don't know what else to ask... you know, to tell you. This has been a case...
I mean, I have no idea. It's been a while, right?
Vice Mayor Regalado: Excused me.
Ms. Cotarelo-Echagarrua: December of '96. I mean, right now, in front of you at four -forty-
five, it dawns on you that you need an attorney?
Mayor Carollo: I, again, understand how your feelings are.
Ms. Cotarelo-Echagarrua: I thank you.
Mayor Carollo: But we have to give them that right to get an attorney, even though they should
have known to have had one here before.
Ms. Sherrin A. Smith: He was here present, the attorney that was here last time.
Mr. Echagarrua: He was here earlier.
Ms. Smith: And just like we all have commitments, you know, he got up and left. And we've
been waiting because you all were busy.
Mayor Carollo: I understand that, ma'am. And I'm sorry, but we...
Commissioner Plummer: Can we have a compromise? Can you all make it at six o'clock in the
evening?
Ms. Smith: Sure. That will give people that work time, you know.
Commissioner Plummer: All right. Why don't we do that, Mr. Mayor? As much as I.hate to
have a six o'clock item.
fMayor Carollo: That's fine.
Commissioner Plummer: Out of a compromise for everyone concerned, we make it... I'll• move
that the items 1 and 2 of...
Mr. Herrera: Excuse me.
1 Unidentified Speaker: Can you hear the second item also?
Mayor Carollo: Not in 13 minutes. I mean, that's...
Commissioner Hernandez: No.
Commissioner Plummer: No, no, can't do it.
Mr. Herrera: Mr. Mayor.
110 June 26, 1997
Commissioner Plummer: PZ-1 and PZ-2 be rescheduled for July the 24th, no earlier than six
p.m.
Ms. Smith: But we would be first?
Commissioner Plummer: You would be first.
Ms. Smith: Close to first, as close as possible?
Commissioner Plummer: First and second. Yes. Yes. I so move.
Mayor Carollo: Sure. Thank you for your patience. There's a motion and there's a second. All
in favor, signify by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.97-434
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-1 (APPEAL
OF VARIANCE DENIED TO PERMIT ADDITION FOR EXISTING SINGLE
FAMILY RESIDENCE AT 1772 S.W. 10 STREET) AND AGENDA ITEM PZ-2
(APPEAL OF VARIANCE DENIED TO PERMIT STRUCTURES WITH LESS THAN
REQUIRED SETBACKS FOR EXISTING SINGLE FAMILY RESIDENCE AT 2225
S.W. 19 STREET) TO THE COMMISSION MEETING PRESENTLY SCHEDULED
FOR JULY 24, 1997 AT 6 P.M.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mayor Carollo: You're ahead, so.
Mr. Herrera: Yeah. I just want to say, a lawyer was here, but... OK. He need to be a registered
lobby to talk in behalf of ourself, and we need six hundred dollars ($600) to... for him to be
registered lobby. And then we... we don't have that kind of money to... for him to... that's why
he had to leave.
Mayor Carollo: On an item like this, Mr. City Attorney, it's still required. Correct?
Mr. Joel Maxwell (Deputy City Attorney): What are you saying? Whether attorneys are
required or not?
Commissioner Plummer: Yeah.
111 June 26, 1997
..::ii�,�4
Wi . �'
.a
,
Mr. Maxwell: An attorney is not absolutely required, sir.
Mayor Carollo: No. No.
Mr. Maxwell: They can come by themselves. But if they request legal representation, you do
have it within your prerogative to continue items for whatever reasons, if you deem that that's a
sufficient reason.
Commissioner Hernandez: No, no, that's not...
Mayor Carollo: What I would suggest you do is that you speak to the City Clerk on this issue,
and he will give you the best instructions possible of what you would need to do or not need to
do.
jMr. Herrera: So now it's scheduled for when?
Mayor Carollo: It will be scheduled for the next meeting in September, the zoning...
Commissioner Gort: No, no, July 24th at 6 o'clock.
I
Mr. Herrera: OK.
Mr. Maxwell: That is required.
Commissioner Plummer: It's required.
Mayor Carollo: July. I apologize. July.
Commissioner Plummer: Right.
Mr. Maxwell: Mr. Mayor? Mr. Mayor, your question was whether or not the payment of the
lobbyist fee is required.
Mayor Carollo: Yeah.
Mr. Maxwell: And that is correct, that is required.
Mayor Carollo: Well, it wasn't a question. It was basically a statement I was making. OK.
Mr. Herrera: Thank you.
112 June 26, 1997
----------------------------------------------------------------------------------------------------------------
36. EMERGENCY ORDINANCE: ESTABLISH "COPS MORE '96" SPECIAL
REVENUE FUND -- APPROPRIATE FUNDS FOR ITS OPERATION FROM
U.S. DEPARTMENT OF JUSTICE GRANT ($9,537,933.00).
Commissioner Plummer: Mr. Mayor, in the 11 minutes, can we take up some pocket items?
Mayor Carollo: Yes. I have an emergency one that I have. We stated that we would each only
be able to bring one up at each meeting. We would bring it up at the end of the meeting. But
since the next item that we will be hearing will be the last item, and we said we would not hear
until five, we've got a few minutes. This is an emergency ordinance.
NOTE FOR THE RECORD: At this point, Mayor Carollo reads the
proposed emergency ordinance into the public record by title only.
Commissioner Plummer: With great pleasure, I second the motion.
Mayor Carollo: Thre's a motion, there's a second. Can you call the roll?
An Ordinance entitled -
AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL REVENUE
FUND ENTITLED "COPS MORE '96"; AND APPROPRIATING FUNDS FOR
THE OPERATION OF SAME IN THE AMOUNT OF $9,537,933.00,
CONSISTING OF A GRANT FROM THE U.S. DEPARTMENT OF JUSTICE;
AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT FROM
SAID GRANTOR AND TO EXECUTE THE NECESSARY DOCUMENT(S), IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE;
CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE.
was introduced by Mayor Carollo and seconded by Commissioner Plummer, for adoption
as an emergency measure and, dispensing with the requirement of reading same on two
separate days, was agreed to by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
113 June 26, 1997
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Whereupon the Commission on motion of Mayor Carollo and seconded by
Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo .
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11520.
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. AUTHORIZE CITY MANAGER TO AMEND LEASE AND EXECUTE
SUPPLEMENTAL AGREEMENT WITH DEPARTMENT OF THE ARMY
LEASE DACW17-1-990-001, BAYFRONT PARK, MIAMI HARBOR.
Vice Mayor Regalado: Mr. Mayor...
Commissioner Plummer: Mr. Mayor, I have to apologize. I have two pocket items. Both relate
to Bayfront Park, and they both are time certain. Now, what do I do? Here, take that one.
Commissioner Hernandez: I also have a pocket item.
Commissioner Plummer: Yeah, but I...
Commissioner Hernandez: You want to take yours first?
Commissioner Plummer: OK.
'NOTE FOR THE RECORD: At this point, Commissioner Plummer
reads the proposed reso on into the public record by title only.
Commissioner Plummer: This is for the boat at Bayfront Park, Mr. Mayor and my colleagues.
Commissioner Hernandez: I move it.
Commissioner Plummer: I second it.
Mayor Carollo: It's been moved and seconded. All in favor, signify by saying "aye."
114 ' June 26, 1997
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The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays." It passes unanimously.
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-435
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE SUPPLEMENTAL AGREEMENT WITH THE
DEPARTMENT OF THE ARMY LEASE NO. DACW17-1-90-0001, BAYFRONT
PARK, MIAMI HARBOR, IN SUBSTANTIALLY THE ATTACHED FORM,
AMENDING SAID LEASE BETWEEN THE CITY OF MIAMI AND THE UNITED
STATES GOVERNMENT, EXECUTED AUGUST 16, 1990.
(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.
------------------------ ---------------------------------------------------------------------------------
38. AUTHORIZE BAYFRONT MANAGEMENT TRUST TO NEGOTIATE
SPONSORHIPS / ISSUE CONCESSION PERMITS / RECEIVE REVENUES
DERIVED FROM LOTH ANNUAL 4TH OF JULY BIRTHDAY BASH AT
MILDRED AND CLAUDE PEPPER BAYFRONT PARK.
Commissioner Gort: OK. I have to read another one.
NOTE FOR THE RECORD: At this point, Commissioner Gort
reads the proposed reso ution into the public record by title only.
Commissioner Plummer: Second the motion.
Mayor Carollo: There's a motion, it's been seconded.
Commissioner Plummer: And I thank my colleague.
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June 26, 1997
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k.,
Mayor Carollo: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays," approving it unanimously.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-436
A RESOLUTION RELATED TO THE LOTH ANNUAL AMERICA'S BIRTHDAY
BASH TO BE CONDUCTED BY THE BAYFRONT PARK MANAGEMENT TRUST
(THE "TRUST") ON JULY 4, 1997, AT THE MILDRED AND CLAUDE PEPPER
BAYFRONT PARK; ESTABLISHING AN AREA PROHIBITED TO RETAIL
PEDDLERS DURING THE PERIOD OF THE EVENT; AUTHORIZING THE TRUST
TO NEGOTIATE SPONSORSHIPS, ISSUE CONCESSION PERMITS, RECEIVE ALL
REVENUES DERIVED FROM THE CONCESSION ACTIVITIES, AND PERFORM
ALL OTHER APPROPRIATE FUNCTIONS ON BEHALF OF THE CITY FOR SAID
EVENT, SUBJECT TO AND CONTINGENT UPON THE TRUST'S COMPLIANCE
WITH SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY
THE CITY OF MIAMI, INCLUDING OBTAINING INSURANCE TO PROTECT THE
CITY IN AN AMOUNT AND FORM AS PRESCRIBED BY THE CITY MANAGER
OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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.
----------------------------------------------------------------------------------------------------------------
39. ALLOCATE $25,000 FROM URBAN DEVELOPMENT ACTION GRANT
FUNDS TO ALLAPATAH COMMUNITY ACTION, INC -- FOR MEALS
PROGRAM.
----------------------------------------------------------------------------------------------------------------
Commissioner Hernandez: Mr. Mayor, I have a pocket item, reference to the Allapattah
Community Action Agency...
Commissioner Plummer: This is the one I talked to you about this morning.
Commissioner Hernandez: ... and their meals program, which, come June 30th of this year, has
run out of its assistance. It ends on June 30, 1997. And basically, the last five to six years,
116
June 26, 1997
FW
according to my meeting with the director, the City of Miami has allocated twenty-five thousand
nine hundred from the City's special programs and accounts. The money currently exists out of
the Urban Development Action Grant Loan Repayment Program. And I am making a motion to
grant these twenty-five thousand nine hundred dollars ($25,900) to continue the meals program
in the Allapattah area.
Mayor Carollo: Before this Commission votes in favor of it, and Commissioner Regalado
seconds that motion, do...
Commissioner Plummer: Well, excuse me. What was the motion? I'm sorry.
Vice Mayor Regalado: It's to give the Allapattah...
Commissioner Hernandez: To continue the meals program which is...
Commissioner Plummer: Absolutely.
Commissioner Hernandez: June 30th ends.
Vice Mayor Regalado: Twenty-five thousand dollars ($25,000).
Commissioner Plummer: Absolutely.
Mayor Carollo: That's for the elderly at Allapattah.
Commissioner Hernandez: Correct.
Vice Mayor Regalado: And just for the record... just for the record, we don't have time to get
into it, but we know that there is money from the program income. And we have a situation in
most of the different places where we serve meals in the City of Miami. I know for a fact that in
Little Havana Activity Center, we now have more clients because people have been cut off from
the food stamp rolls. And we're going to have to either dig into the program income and not
approve any more of the different housing programs, ,or use the emergency funds that we have,
which I'm sure that you have already, Mr. Manager, transferred the ten thousand dollars
($10,000) from my budget to the fund. So there is a need for more money in the different
activity centers, because of the welfare reform and of the immigration reform.
Mr. Elbert Waters (Director, Community Development): Mr. Vice Mayor, you may also recall
that that issue has come up previously, and staff has written correspondence and has been talking
with USHUD (United States Department of Housing and Urban Development). As you know,
there is a 15 percent cap on social programs. The only way that could be alleviated is through
legislative action, and you are aware that we have sent correspondence to the congressional
delegation asking for relaxation on that. We are waiting to hear, hopefully, upon the response.
Vice Mayor Regalado: But you do have the twenty-five thousand dollars ($25,000) now.
Mr. Waters: Yes.
Vice Mayor Regalado: All right.
Commissioner Plummer: People with empty stomachs can't wait.
Commissioner Hernandez: I make a motion, Mr. Vice'Mayor, that we approve funding of this
meals program.
117 June 26, 1997
Vice Mayor Regalado: OK. Second.
Commissioner Plummer: Absolutely.
Vice Mayor Regalado: Yes. There is a motion by Commissioner Hernandez, second by me. All
in favor, signify by saying "aye."
The Commission (Collectively). Aye.
Vice Mayor Regalado: The motion is approved.
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-437
A RESOLUTION ALLOCATING $25,000 FROM THE URBAN DEVELOPMENT
ACTION GRANT (UDAG) FUNDS TO ALLAPATTAH COMMUNITY ACTION,
INC., (AGENCY), TO PROVIDE HOT MEALS AND SOCIAL SERVICES TO
ELDERLY PERSONS IN THE ALLAPATTA.H TARGET AREA FOR PERIOD JULY
1, 1997 THROUGH JUNE 30, 1998; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH SAID AGENCY FOR THIS PURPOSE.
(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.
----------------------------------------------------------------------------------------------------------------
40. (A) APPOINT MONIQUE TAYLOR TO NUISANCE ABATEMENT
BOARD.
(B) APPOINT ALLAN SWEENEY TO INTERNATIONAL TRADE
BOARD.
Mr. Edward Marquez (City Manager): Mr. Mayor... oh, I'm sorry.
Vice Mayor Regalado: I have... I just have a brief pocket item appointing Monique Taylor to the
Nuisance Abatement Board. We need to do this.
118 June 26, 1997
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Commissioner Hernandez: I move it.
Commissioner Plummer: You also have another appointment.
Vice Mayor Regalado: Yes. Allan Sweeney to the International Trade Board. So...
Commissioner Plummer: Second.
Walter Foeman (City Clerk): Can we do them separately? Can we do them separately?
Mayor Carollo: Moved and seconded. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
The following resolutions were introduced by Vice Mayor Regalado, who moved their adoption:
RESOLUTION NO. 97-438
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS MEMBER OF
THE NUISANCE ABATEMENT BOARD FOR A TERM AS DESIGNATED HEREIN.
RESOLUTION NO. 97-438.1
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF
THE INTERNATIONAL TRADE BOARD FOR A TERM AS DESIGNATED
HEREIN.
(Here follows body of resolutions, 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: It passes unanimously. Go ahead, Mr. Manager.
119 June 26, 1997
----------------------------------------------------------------------------------------------------------------
41. EXPRESS CITY COMMISSION INTENT NOT TO EXCLUDE BLUE
RIBBON TASK FORCE MEMBERS WHO ASSISTED CITY WITH
DEVELOPMENT OF IMPROVED BUSINESS PRACTICES FROM
CONSIDERATION OF FUTURE OR EXISTING CONTRACTS AND
BUSINESS OPPORTUNITIES.
Mr. Edward Marquez (City Manager): Mr. Mayor and Commissioners, I have two pocket items.
Vice Mayor Regalado: Sure.
Mr. Marquez: The first one deals with a resolution...
Commissioner Plummer: He gets two.
Mr. Marquez: I get two. The first one deals with...
NOTE FOR THE RECORD: At this point, the City Manager reads
the propose reso ution into the public record by title only.
Mr. Marquez: This resolution... The intent of this resolution is that in no way should we be
penalizing the private sector participants in the Blue Ribbon Task Force for donating their time
and services to the City of Miami.
Commissioner Plummer: Mr. Manager, in the same way that they should not be rewarded by
City contracts, God knows, they should not be penalized for assisting this City in a time of need.
I'll be happy to move that item.
Commissioner Hernandez: Second.
Vice Mayor Regalado: OK. There is a motion and there is a second. All in favor...
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
Mr. Marquez: Thank you.
120 June 26, 1997
41ft:m A.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-439
A RESOLUTION EXPRESSING THE INTENT OF THE CITY COMMISSION THAT
MEMBERS OF THE BLUE RIBBON TASK FORCE (TASK FORCE),
ESTABLISHED FOR THE PURPOSE OF ASSISTING THE CITY OF MIAMI IN
DEVELOPING RECOMMENDATIONS AND PLANS TO IMPROVE THE
BUSINESS PRACTICES OF THE CITY'S GOVERNMENT, NOT BE PREJUDICED
IN THE CITY OF MIAMI'S CONSIDERATION AND AWARD OF EXISTING OR
FUTURE CONTRACTS AND BUSINESS OPPORTUNITIES BY VIRTUE OF
HAVING SERVED ON SAID TASK FORCE.
(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.
----------------------------------------------------------------------------------------------------------------
42. APPROVE RELOCATION OF LITTLE HAITI NET OFFICE FOR A DOLLAR
A YEAR.
Mr. Edward Marquez (City Manager): The second pocket item we have is a resolution for the
relocation of the Little Haiti NET Office.
Commissioner Plummer: Move it. For a dollar a year, you can't go wrong.
Commissioner Hernandez: Second.
Vice Mayor Regalado: OK. There is a mottop and there is a second. All in favor, signify by
saying "aye."
The Commission (Collectively): Aye.
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June 26, 1997
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-440
A MOTION GRANTING REQUEST TO THE ADMINISTRATION IN
CONNECTION WITH THE RELOCATION OF THE LITTLE HAITI NET OFFICE
TO 7815 N.E. 2 AVENUE FOR A DOLLAR A YEAR.
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.
--------------- ---------------------------- 7--------------------------------------------------------------------
43. BRIEF DISCUSSION CONCERNING POSSIBLE FORECLOSURE OF
TACOLCY AND THE CITY'S POSITION REGARDING ITS $150,000
LOAN.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Vice Mayor, I asked the Manager this morning... Mr. Manager, I
surrendered to you a list of articles about MLK (Martin Luther King) loan. These articles talk
about possible foreclosure by Tacolcy. I want to open this up to the extent that you give this
Commission the comfort in what we did in this hundred and fifty thousand dollar ($150,000)
loan is still, in your opinion, a very fine thing that we did, or should we relook into it? Because I
understand that money is payable tomorrow... and what position we're in. All I can say, Bob, is
I gave him a list of articles from Miami Times, from Miami Herald, from The Neighbors. Are
you still of the belief, as you were the day you recommended it, that this City is making the right
decision in making this loan as the subordination, putting us in fourth position?
Bob Nachlinger (Assistant City Manager): Commissioner, that's keeping us in fourth position.
The bottom line is, if Tacolcy forecloses on their hundred and eleven thousand dollar ($111,000)
loan, we'll be wiped out. There is... clearly, we will get, if anything, ten cents on the dollar on
our loan. .
Commissioner Plummer: But are we smart to give...? We're anticipating giving a hundred and
fifty thousand.
Mr. Nachlinger: Right.
Commissioner Plummer: OK.
Mr. Nachlinger: Which will take the first out.
122 June 26, 1997
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Commissioner Plummer: How do we know that Tacoley is not going to foreclose on their loan?
Mr. Nachlinger: If we... If we pay off their loan, they won't foreclose on their loan. Then, we'll
be moving up a notch in priority, and...
Commissioner Plummer: Wait a minute. If we pay off their loan, we only move from fourth to
third?
Mr. Nachlinger: Yes, sir.
Commissioner Plummer: Who's first and second?
Mr. Nachlinger: Miami Capital is ahead of us, and I believe that... I think we're on pursue basis,
equal to Dade County's Block Grant Program. So we would...
Commissioner Plummer: All right. Look, you know it better than I do. You folks
recommended it. OK?
Mr. Nachlinger: Yes, sir.
Commissioner Plummer: I'm merely asking, after all of these articles that appeared - and these
articles were negative, OK? - that you still'feel the comfort to this Commission that we did the
right thing, and that we're not as bad as what these articles said we were.
Mr. Nachlinger: We still recommend it.
Commissioner Plummer: OK. Just want to go on the record, because there's a lot of people out
there that disagree with you. So I just... You know, a hundred and fifty thousand dollars, to me,
is still a lot of money.
Mr. Nachlinger: It is to me, too, sir.
Mayor Carollo: Let's bring it back at the next meeting and we'll discuss it then.
Commissioner Plummer: Excuse me, Mr. Mayor. You can't. This money is being paid
tomorrow, so that's why I brought it up right now.
Mayor Carollo: Well, this one is, but the other stuff that you were talking about...
Commissioner Plummer: Oh, no, no, no. This... Hey, I got my answer on the record. They're
still comfortable.
Mayor Carollo: OK.
Mr. Ray Fauntroy: Mr. Mayor...
Mayor Carollo: Mr. Fauntroy, real quickly, because we have to move on, and this is not on the
agenda.
Mr. Fauntroy: Well, I just wanted to correct... We're paying the money tomorrow. The City is
not paying the money tomorrow.
Commissioner Plummer: OK.
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June 26, 1997
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Mayor Carollo: Very good.
---------------------------------------------------------------------------------------------------------
44. APPROVE 'HIRING SPECIAL COUNSEL FOR RAINBOW LIGHTING
LAWSUIT WHICH CLAIMS NO CITY FISCAL EMERGENCY --
ALLOCATE FUNDS($25,000).
Mayor Carollo: All right. Last item before we deal with the very last item that we have on the
agenda scheduled for five p.m. Mr. City Attorney, you have a request that you have to make that
you need from this Commission. Can you bring that up, please?
A. Quinn Jones, III, Esq. (City Attorney): Yes, Mr. Mayor. As you and the Commissioners are
aware, the City is now a party to a lawsuit that is seeking a declaratory judgment to declare... for
a declaration that, in fact, there is no. fiscal emergency; and secondarily, an attempt to invalidate
the Fire Rescue fee. There have been several depositions set now of Commissioners. and the
like. As I indicated to you in our conversations that I had with the Governor's office, that
because the Governor is involved, we would be...
Commissioner Plummer: I'm sorry to stop you, but what lawsuit is this?
Mr. Jones: This is the Rainbow Lighting which you... which the City was served with, that you
saw the...
Mayor Carollo: No, no. Let's call it by what it is. This is Mr. Suarez' lawsuit and campaign
pamphlet for the November election, that he wants to make this into a soap opera and cost the
City additional dollars, where he is the only person that claims that all the sacrifices that we've
had to have gone through, all the millions of dollars that we had to bring into this City now, all
the millions of dollars in concessions that the employees gave... and I could go on, and on, and
on, including the nineteen million dollars ($19,000,000) that we brought from the Sports
Authority, that this was all made up by us, and that there was no deficit.
Commissioner Plummer: Well, I'm still asking, what is the lawsuit? What did we supposedly
do wrong?
Mr. Jones: Well, Commissioners, what they're essentially alleging is that,'one, there is no fiscal
emergency. The... not only is the Governor named as a party, the Oversight Board and the City.
And secondarily, as I just indicated, they're attempting to get the Court to invalidate the Fire
Rescue fee that you've passed as part of the... and the Oversight Board has passed as part of the
five-year plan. What I was about to say is that I've been advised in conversations with the
Governor's office that because he, as a constitution office involved, that this will probably be
placed on an expedited track. Given the fact that several of you have already been set down
for... and other City officials have been set down for depositions, I would like authorization at
this point to engage a law firm to be named at some point. I-'d like authorization of up to twenty-
five thousand dollars ($25,000). And if necessary, at some point, we may have to bring in...
Vice Mayor Regalado: Can we... I'm sorry, Mr. City Attorney. Can we get a pro bono attorney
for us? Because...
Commissioner Plummer: Yeah, somebody from Shutts and Bowen.
Vice Mayor Regalado: I mean, this campaign is costing a lot to the City of Miami.
124 June 26, 1997
.iT
Commissioner Plummer: Shutts and Bowen will give us somebody pro bono.
Mr. Jones: Well, I... I mean, I'll attempt, if you know someone that would do it pro bono, I'd be
glad to consider.
Mayor Carollo: This is one, Mr. Manager, that I think we have to meet, you know, squarely.
You're suggesting to be allocated a minimum of up to twenty-five thousand dollars ($25,000).
Mr. Jones: That's correct, at this point. You know, there's a lot of strategy involved and initial
decisions that we need to be... need to make now, and move quickly. So I would like that
authorization from the Commission.
Mayor Carollo: I have no problem with making a motion to that effect. This City needs to be
represented with expertise in this particular area.
Mr. Edward Marquez (City Manager): Mr. Mayor.
Mayor Carollo: Mr. Manager.
Mr. Marquez: May I just add in, from a business point of view, L. believe me, I'm the last one
to suggest that we spend more money on legal fees, but this is such a big item, such an important
item that I do believe twenty-five thousand dollars ($25,000) for the right talent, hopefully, and
in a short burst of energy, we can get this thing thrown out of court. But... and recoup our legal
fees in the process. It's worth it. I hate to spend the money.
Commissioner Plummer: How do you say no? I'd like to say no, OK?
Mayor Carollo: We all would.
Commissioner Plummer: But, you know, with the City Attorney sitting here, telling us our
potential rolling the dice is going to be a lot more, I'll make the motion to move. I don't have...
What choice do I have?
Mr. Manuel Gonzalez-Goenaga: Yes, it's a choice.
Commissioner Plummer: I move that we've got to pay it. We've got to pay it, and hopefully,
you will continue to look for somebody who will do it for less, or pro Bono. But if you have to
pay it to protect the City, you've got to do it. So be it.
Mayor Carollo: There's a motion by Commissioner Plummer.
Commissioner Gort: Tucker, you want to do it pro bono?
Commissioner Plummer: Who?
Commissioner Gort: Tucker.
Commissioner Plummer: Tucker Gibbs? Of course, he will.
Mayor Carollo: Second by Commissioner Gort. Hearing no further discussion, all in favor,
signify...
Mr. Gonzalez-Goenaga: Could I...
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Mayor Carollo: Mr. Goenaga...
Mr. Gonzalez-Goenaga: No, this is very important, Joe.
Mayor Carollo: Two minutes, please. Thank you. Two minutes.
Mr. Gonzalez-Goenaga: With the... I think that you can present to the court a motion to dismiss
based with the audited financial statements. And lawyers try to complicate things too much. We
don't need twenty-five thousand dollars ($25,000) to defend a lawsuit from Mayor Suarez. Just
a motion dismiss, accompanied as an exhibit the audited financial statements. I think that will
suffice.
Mayor Carollo: If that's all that it would require, then we certainly would not be paying that
much.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
! RESOLUTION NO. 97-441
A RESOLUTION AUTHORIZING THE ENGAGEMENT OF THE LAW FIRM OF
DAVIS, SCOTT, WEBER & EDWARDS TO SERVE AS COUNSEL TO THE CITY
OF MIAMI IN CONNECTION WITH THE LAWSUIT, RAINBOW LIGHTING, INC.,
AL VS. LAWTON CHILES, AS GOVERNOR OF THE STATE OF FLORIDA, THE
FINANCIAL EMERGENCY OVERSIGHT BOARD AND THE CITY OF MIAMI,
ELEVENTH JUDICIAL CIRCUIT COURT, CASE NO. 97-13487, IN AN AMOUNT
NOT TO EXCEED $25,000; ALLOCATING FUNDS THEREFOR FROM THE
INSURANCE AND SELF-INSURANCE TRUST FUND, ACCOUNT NO. 620103-661.
(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
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Humberto Hernandez
126 June 26, 1997
----------------------------------------------------------------------------------------------------------------
45. BRIEF COMMENTS CONCERNING METROPOLITAN DADE COUNTY
ADOPTION OF FIRE FEE.
Commissioner Plummer: Mr. Mayor, just for your edification, and my colleagues, yesterday, I
was served... not "served," that's not the word. Metropolitan Dade County has seen the wisdom
of the City once again, and I got notified yesterday in my place of business, they are putting in a
fire fee. I hate to say at a funeral home they're putting one more nail in the casket, but...
Mayor Carollo: Well, anyway.
--------------------------------------------- ------------------------------------------------------------------
46. (A) RULES OF PROCEDURE FOR PUBLIC HEARING CONCERNING
GATE ACROSS BRICKELL AVENUE ADJACENT TO ALICE
WAINWRIGHT PARK AND THE RICKENBACKER CAUSEWAY
(B) LEGAL PERSPECTIVE: METROPOLITAN DADE COUNTY HAS
JURISDICITION.
(C) PUBLIC HEARING
(D) REBUTTAL
(E) COMMISSION ACTION: FORWARD MATTER WITH
RECOMMENDATIONS TO METROPOLITAN DADE COUNTY FOR
RESOLUTION. SEE LABELS 3 & 23.
Mayor Carollo: We're now on item 20 that was scheduled to begin after five p.m. Let me begin
again, explaining the guidelines that we had announced when this meeting began this morning,
and we did it when the afternoon session began. There's obviously many of you that want to
express yourselves on both sides of the issue. And I'm sure that the statements that each and
every one of you has to make is very important. However, once you get beyond hearing eight or
ten people, everything becomes very repetitious. What guidelines we're going to be following
here are the following: We will choose no more than ten people from either side of the issue to
be able to address this Commission for two minutes each. I will give both sides an additional
five minutes, so that each of you could have one main representative and be able to present any
formal presentation that you would so like to make. And then the Commission and the
Administration will have discussion and decide what we can do on the matter. I announced
since early this morning that I must leave today by six -twenty. But in the time sequence that I
have described here, that should riot be of any problem, since we should finish by six -twenty. So
anyone else here that would like to express themselves and does not have the opportunity to
speak within the ten can give their names and addresses to the City Clerk, and we will so duly
acknowledge that you were for or against this particular item. Now, if... Mr. City Attorney, is
there any information that you would like to bring forward on this particular item before we
would begin?
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, if I... with your permission, I'd like Mr.
Maxwell, Deputy City Attorney, to address the issue and research what we've done.
Mayor Carollo: Mr. Maxwell.
127 June 26, 1997
w, rk3�
Mr. Joel Maxwell (Deputy City Attorney): Mr. Mayor and members of the Commission, we've
looked into this particular matter after it having been brought to our attention, and we would like
to inform you that as of... On February Sth, the Third District Court of Appeal addressed the
issue of traffic control regulations in Dade County, and the Third DCA rules that traffic control
regulations are the exclusive... is in the exclusive jurisdiction of Metropolitan Dade County.
Bicycles are vehicles, and vehicles are controlled under the Dade County Metropolitan
Transportation Plan. Therefore, as a result of that, we are of the opinion that Dade County has
exclusive jurisdiction in this particular matter and...
Mayor Carollo: As of what date was that Third District Court of Appeals decision made?
Mr. Maxwell: Thatwas February the 5th.
Mayor Carollo: Of this year?
Mr. Maxwell: Yes, sir.
Mayor Carollo: OK.
Mr. Maxwell: Now, when the Court affirmed that decision, they were simply affirming several
decisions that occurred earlier on. As you know, the bicycle path that's the subject here has been
in use for some time. The gate that was placed across the bicycle path acts as an obstruction on
vehicular traffic, because a bicycle, -under State law and under the Code... and under'the City
Code is a vehicle. And the City has no jurisdiction to regulate vehicular traffic. Therefore, if we
want to close that pathway, we would have to go to Dade County and get the Public Works
Department to approve it.
Mayor Carollo: Has Dade County government expressed to you that it is their same judgment
that your opinion is correct?
Mr. Maxwell: Yes, sir. We have conferred with the County Attorney's Office, we have
conferred with the Public Works Department, we have conferred with planning officials over
there, as well as conferring with, our own Planning Department, who are familiar with the initial
establishment of the bikeway, and our Public Works Department. We have researched the issue,
the laws that comport with this particular issue, and we affirm... We are fairly competent that
after looking also at the various plans in the Transportation Plan, and looking at the maps and the
routes of bikeways that that would be the case in this particular situation.
Mayor Carollo: When, Mr. Maxwell, did the City of Miami, together with Dade County
government, come to the formal conclusion that you've informed us of now? Was that this
morning, after having further discussions with County government, or was that yesterday?
Mr. Maxwell: Well, we've had ongoing... Well, as you know, we just got involved in this the
first of the week, our department, the Law Department, that is, and the issue hadn't come to us
prior to that time. And we started researching at that time, researching the law, the legal issues
involved there. So after determining that bicycles are vehicles, one, and that the Dade County
Transportation Plan regulates vehicular traffic, the only question was whether or not this
particular path goes through that fence that's the subject here, is, in fact, part of the
Transportation Plan. We then conferred with the Public Works Department of both the City and
the County, and the planning people, to determine whether or not this path was one that would
fall under the traffic plan, because bicycles, in general, under State law may be regulated by the
City. The problem here is that this bike path, route one, which I believe was the first, is part of
the Metropolitan Planning Organization's Transportation Plan, which is also adopted by the
County. So it's not that bicycles in general are regulated by the County. It's that bicycle paths
of this type... this particular one is regulated by the County.
128 June 26, 1997
f'
,.essay • ,.a,`+�
Vice Mayor Regalado: But if we were not to relinquish the authority of the City of Miami, we
can construct an alternative bike path.
Mr. Maxwell: One of the alternative... There are two alternatives you have here. One past
resolution.., actually, three past resolutions asking the County to allow you to close the bike path.
You can ask them. You don't know what they will say. You can ask them to allow you to close
the gate at certain hours. They may approve that, based on extenuating circumstances or
whatever our people may be submit... indicating why that's necessary. They may not approve it,
they may. The third is to suggest an alternate route. If we can come up with an alternate route
that would satisfy all the criteria, Federal criteria for bikeways - and that's another governmental
entity involved - they may approve that. Based on information we have, it would cost somebody
to develop such a path. Therefore, there would be the issue of cost involved in that. But you
could submit that as one of the alternatives to Dade County. But the final decision, of course,
would be Dade County's, not this Commission's.
Mayor Carollo: Making that clear, that Dade County government is the governmental entity, as I
was informed again now, and I was informed the first time of this late this morning, just before
the noon break, by our City Attorney's Office, what I'd like to do is to see if we could then
proceed in having discussions, and try to maybe proceed a little quicker in the discussions that
we have to, because obviously, no matter what this Commission would like to do or not do, the
final decision does not rest here.
Ms. Rosalind Forrest: Mayor?
Mayor Carollo: Yes, ma'am.
Ms. Forrest: I have in my machine as of yesterday a reply from Bruce Kaplan, who is a
Commissioner for the County. I get so upset about this. And he said it wasn't within the County
jurisdiction, if was up to the City. It's right in my machine. Yesterday, he said that. So an
alternate route won't cost you a penny. There is a sidewalk that leads all the way around. I
walked it yesterday.
(BOOS)
Mayor Carollo: Come on. Look, everybody has a right to their opinion, whether you agree with
them or not. The only thing that we ask here is that we keep the decorum of this meeting. If you
agree with someone, we do not want anybody to clap. If you disagree with them, we do not want
any boos. Now, that's all that we ask, that we conduct this in an orderly fashion, respecting
everyone's rights, no matter how right or wrong they might be.
Ms. Forrest: I just want to say one more thing, and I won't say any more. I studied the park, I
walked through it this way, around it, and across it, and every way. And I have decided the best
way to go would be to make a new entrance to the park. It would come right off Crandon Park
Causeway. And I went with the boys from the park, and they agreed. All you do is ride off,
make the road right off of Crandon, You'll go right into the park. There's tons of space for
parking. You can have all the room for any kind of activity you want.
Mayor Carollo: All right. If I may... thank you, ma'am. If I may ask both groups, the ones that
are for and against, if there could be one assigned individual that could make a general
presentation for, say, three minutes or so for each group, and then they will have some closing
remarks of a couple of minutes, one for each side. And then I'm going to ask the Clerk that in
the order that he received the names of people that wanted to speak in this meeting that he could
put aside up to nine additional names for each group that would want to address the
129 June 26, 1997
c ROO
Commission, in that order, up until you reach nine for each group, and keep count. I might lose
track.
Walter Foeman (City Clerk): OK. Yes, sir, if you could state your name and...
Mr. Lee Marks: May it please the Commission, Mr. Mayor, Mr. Vice Mayor and the
Commissioners. My name is Lee Marks. I reside at 3091 Oak Avenue.
Mayor Carollo: OK. Lee, I think I know what side... which side you're speaking for. Is there
someone from the other side that would like to be making the presentation for your group? Do
you have someone assigned?
Ms. Alana Grajunswki: I'm Alana Grajunswki, and I'm president of the Cliff Hammock
Homeowners Association, and I will be starting off the. Association's point of view.
Mayor Carollo: Very good. OK. Would approximately three minutes for each of you to begin
be enough, and then you have two minutes closing, or do you prefer five minutes right from the
start and no closing time?
Mr. Marks: Mr. Mayor, there's so many people here on behalf of cyclists, bladers, runners,
walkers, wheelchairs, you name it. I think it's unfair. I won't speak for five minutes. I'll speak
for three. I would like for you to hear from some other people, though, because the County is
going to hear from the same people.
Mayor Carollo: We're going to be hearing from at least nine other people in each group. But
after you hear from ten people, everything that ten people could say just about covers everything.
Then it becomes very repetitious.
Ms. Grajunswki: I'll agree with that, for the three minutes, to begin with.
Mayor Carollo: OK. We'll begin with three minutes.
Commissioner Plummer: Mr. Mayor, if I may?
Mayor Carollo: Commissioner.
Commissioner Plummer: If I'm not mistaken, the only decision to be made here today is to open
or close the fence, and whether to send it to Metro or not send it to Metro. I mean, this is pure
and simple. And I really don't know, you know, whether we send it to Metro, I assume the
people of... the residents have the right to petition on their own to Metro.
Ms. Grajunswki: Mm-hmm.
Commissioner Plummer: So I just...
Mayor Carollo: That's correct, Commissioner, but nevertheless...
Commissioner Plummer: Am I right in my assumption?
Mayor Carollo: ... if people are here and they want to express themselves, that is their right.
Commissioner Plummer: Oh, absolutely. But I'm just saying, those are the two real decisions
that we've got to make today. Is that correct?
130 June 26, 1997
IN
Mr. Maxwell: Decision that...
Commissioner Plummer: Now, I would hope that the speakers would address in that manner
those two' areas in which the only areas that we can make a decision today, and try to stick to the
issue, and not talk about a whole lot of history, and about everything else. You know, it's... I
just hope that we get to the point.
Mayor Carollo: OK. Now, if I also may ask for the sake of going quicker and smoother, the
people that want to speak for the closing of the gate will be on this side, once they've given the
Clerk their names, and the ones who want to speak in favor of keeping the gate open will speak
and line up on this side. Mr. Clerk, you have three minutes on the time clock? If you could
begin, Mr. Marks.
Mr. Marks: Thank you, Mr. Mayor. It's quite an honor for me to speak on behalf of so many
people here today. I've sat up where you are sitting for the past four years. It's not a long
tenure, considering Mr. Plummer's, but I've been up there, and I've listened to the people of
Coconut Grove, and Brickell and surrounding Miami Roads Neighborhoods, and those
neighborhoods that are in the City of Miami. But I am particularly honored, because tonight, I
am here on behalf of the Cocoanut Grove Village Council, I am here on behalf of the Miami
Runners Club, I am here on behalf of the Everglades Bicycle Club, some homeowners
associations, numerous bladers, too many to number, runners, people in wheelchairs that use this
area. And to address the point that Mr. Plummer so aptly made succinct, and that is, is this gate
going to be opened or is this gate going to be closed? I speak not for a few select private
interests or a few select special interests. I speak for the public, and the public says to you, no
gate. The public says to you, we want to know, is it going to be business as usual, or are you
going to hear us, are you going to hear our voice? Are you the government of the few or are you
the government of the many? There's a wide, wide, broad spectrum out there that uses this
facility. And by "facility," I'm talking about the bike path, which is not just a bike path. It's an
everyday path to the glorious environs of Key Biscayne, the beaches, the Atlantic Ocean. It's
been used by countless numbers over two decades. I'm going to defer to the County. Jeff
Hunter is here for the County, or someone else that can explain exactly the legalities of that. But
it's very clear that you do not have our consent. And that is the consent of the people, a broad
range of people in Dade County, to close this long -used, very special and unique area to us.
Everybody that moved into this area... and they are to be commended for doing a good job, as far
as getting rid of some crime, some bad things that were going on in the area, their efforts for
conservation in Alice Wainwright Park. But they don't deserve to privatize the neighborhood
and keep the public out. We've had that as our domain, as the only safe and viable access to Key
Biscayne for over two decades. I don't think the Commission wants to spend forty-four hundred
dollars ($4,400), and in a few minutes, overturn what it took nine years of haggling and two
point eight million dollars ($2.8 million) in Federal and City funds to establish, as far as
Wainwright Park is concerned, and countless thousands of other dollars to establish a bike path
that travels by that area out to Key Biscayne, along Brickell, connecting Aventura to Florida
City. Alice Wainwright was Miami's first woman Vice Mayor, Mr. Regalado. She was Miami's
first woman Commissioner. She was responsible for rewriting land use laws that made it harder
for people to get zoning variances. She was bestowed with the honor of the park being named
after her. I think she would turn in her grave to see what we're doing to it now, as far as
restricting the public's access, and trying to curtail the availability of the public to traverse the
area and get out to the glorious areas of Key Biscayne and beyond. So on behalf of all the
people in Miami and Dade County that use this area and will continue to use it, and the future
generations, which are also represented here, we say, you do not have our consent to hang a gate
there now or ever.
(APPLAUSE)
131 June 26, 1997
Vice Mayor Regalado: Mr. Mayor? Mr. Mayor?
Mayor Carollo: If I can, Mr. Marks, you have a minute and 23 seconds for your remaining
closing remarks. Again, and I must ask for this, if we're going to conduct this meeting with the
decorum that it should... and it deserves. Whether you agree with someone or not, we do not
want any clapping, any booing. I think that we're all grown up enough to be able to keep our
emotions within ourselves. You know, the emotions can maybe be shown once we're done with
this hearing outside, but we need to keep decorum within this meeting.
Vice Mayor Regalado: Mr. Mayor, if I can just respond to the gentleman's statement.
Mayor Carollo: No. Mr. Vice Mayor, if I may, let's wait for the end. Let's get through every
speaker.
Vice Mayor Regalado: I know, Mr. Mayor, but if I can... because I'm feeling a little
uncomfortable, because we are being presented here with a case, the people versus a special
interest.
Mayor Carollo: Yeah, but, you know; let...
Vice Mayor Regalado: This is not the case here.
Mayor Carollo: If we get... If we get...
Vice Mayor Regalado: This is not the case. We have closed many gates... Hey, so you know,
don't...
Mayor Carollo: Come on. We don't want any clapping or anything from anyone. Now, if I
may, I'm going to have to set some guidelines as the chair, even for us up here. Let's wait to
make statements or ask questions once we hear from each group. Now, the group opposed to the
gate being closed just made their opening remarks. If the president of the homeowners'
association could then make her opening remarks. You could use either three minutes or five.
The remaining time, we'll leave for your closing remarks.
Ms. Grajunswki: Thank you very much. I am equally proud to represent our homeowners
situation, as Mr. Marks is to represent his fraction of people in this room tonight. Our
homeowners' association started as a grass roots effort to clean up our neighborhood and secure
it from crime. And we are here tonight to urge this Commission to pass this, as it has done in so
many other areas of the County, to approve a request for security on our street. I want to clear
up a few facts that have been so misconstrued in the press lately, and I will briefly outline them,
because 1, too, want our neighbors to speak. We're outnumbered here, but I want our voices to
be heard. Number one, I want to let it be known we are not restricting anyone's right to the
beautiful Cliff Hammock area where we live, or to Alice Wainwright Park. This area is open 24
hours a day, seven days a week. You're welcome, you're welcome to come there. We are
justified in our concerns about crime. There is no one in this room, no one, who can't say they
don't know that the Wainwright area has had significant problems from prostitution, drug
trafficking, gang activities. No one here will deny that, and we have worked hard to clean that
up. Our neighbors have taken significant and sometimes expensive steps to try and clean up our
area, not just for our own enjoyment, but for everyone's here. We have been the victim of our
own success. You all are now visiting our street. You weren't there four years ago. You're now
visiting our street. You're now visiting our area and... You're now visiting our area... please.
You're now visiting our area in a safety that you never before had. It is better. Cliff Hammock,
this area is a unique area of Miami. This is the last part of what was the hardwood hammock
132 June 26,1997
0
that had extended from the Miami River through the Grove. The Barnacle, Wainwright and
Simpson are all that is left. We want to preserve it. We want to have this be the gem of Miami.
You will be proud of the work that is being done to preserve this hardwood hammock. And last,
but not least in this issue, this is our home. You breeze through in 30 seconds and you go back
to whatever community you live in. This is where we live. This is our neighborhood. This is
where my child plays in the street and plays in that park. I want those children to be safe, too.
We have worked to prevent crime. This is a crime issue for us. You have to realize this. We
live here. This is our reality. We urge this Commission, on behalf of the homeowners'
association, which is clearly outnumbered here, to say that we have taken a step to try and clean
up our own neighborhood, try and take back from the criminals that which we feel is such a
beautiful area for all to enjoy. Thank you.
Mayor Carollo: Thank you. You have a minute and 54 seconds left for your closing remarks.
Now, can you start reading in order that you have the people that will be speaking? There's nine
more people that can speak for either side. Just read it by the order they came to you.
Mr. Foeman: I will, Mr. Mayor. The first group, "against," I have Michael Uribe.
Mayor Carollo: OK. Michael, OK, can you come up? You need to state your name and
address, and you will have up to two minutes. Again, I want to ask everybody to give him the
same courtesy that you would like for yourselves. No booing, no clapping. Go ahead, sir.
Mr. Michael Uribe: Good afternoon. My name is Michael Uribe. I reside in the Dupont Plaza
Apartments area. The "Stallone Gate" issue has created a concern in my mind as to whether the
public's interest is being taken into consideration with regard to this matter. Installation of the
iron gate around Wainwright Park to include the installation of an extension of this iron gate
blockades a public pathway which accommodates pedestrian traffic. The publicity of this
"Stallone Gate" issue has addressed the concerns of this speaker pretty much up to this point,
specifically in the article in The Miami Herald Newspaper dated June 22, 1997, the local section,
front page. Furthermore, I would like to add that I would like to bring special attention to the
issues that address the financial ability of the City of Miami to accommodate the cost for the
installation of this iron gate around Wainwright Park. I would also request that a full
investigation be made as to how the installation and that expenses for same were approved in
light of the City of Miami's financial condition, and how the installation was able to bypass
County permits. And I really just don't understand how the County, at this point, has like
claimed a certain lack of knowledge as to who had the authority on whether or not to install the
gate there to begin with. OK? But in summary, I am concerned specifically of the special
interests groups here, special interest groups which have inappropriately managed to circumvent
the public's interest as a whole, when making changes to various public facilities, whether it be a
park, a public road, or parking facilities which accommodate these parks. I would also like to
just comment, to address one issue, saying that they are open 24 hours over there and it's purely
accessible. The whole area says keep out and stay away. You've got posted signs there that say
local traffic only.
Mayor Carollo: You've got five seconds.
Mr. Uribe: And then you've got the City of Miami PD, Police Department there, with the power
to arrest...
Mayor Carollo: OK. I'm sorry, your time is up. I appreciate your input.
Mr. Uribe: Thank you very much. I appreciate the opportunity to speak today.
Mayor Carollo: Thank you. OK. If you could bring someone that's "for."
133 June 26, 1997
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Mr. Foeman: OK. First name is Rosalind Forrest.
Mayor Carollo: Yes, ma'am. You have two minutes to the second.
Ms. Forrest: OK. I've already spoken, but I wondered if all of you are aware of what a home is,
and what a house is. According to Webster's dictionary, his description of a house and a home is
a place of shelter, and a place of security. And we all want that feeling. And I know that those
who have it are very fortunate. But I live in a vicinity where I fought to clean up... you said not
to relate what you'd done. I cleaned up Simpson Park, and I got the fence. I want to thank the
Mayor and the Commission. I have never seen any committee or any Commission do as much in
so. short a time as the Mayor has done. I was... I was aghast when I saw the beauty of the park,
and the cleanup of those hammocks. They are gorgeous. You don't know what it means to
clean up a hammock. You have to go in there and grub and grub. They took the right approach.
They hired people and they got them to do that. Over at Simpson, we -had to beg for help. We
had to beg for volunteers. I also think that these people living in the area, rich or poor, deserve
what everybody else has - privacy and happiness, and contentment, security. And if you ride up
Biscayne Boulevard, you'll see many streets where the Department of Transportation has put
hedges and trees alternating, and closed them off by the dozens, streets by the dozen. They've
done it in Coral Way. Along Coral Way, I've gotten in a maze of those places that they have
closed off for the security of the people living there. Thank you.
Mayor Carollo: Thank you. OK. Now, one for the "against" side.
Mr. Foeman: Mariano Cruz.
Mr. Mariano Cruz: Two minutes. Mariano Cruz, 1227 Northwest 26th Street in Allapattah. I
don't live there in the Hammocks, but more than 20 years ago, I used to visit there, specifically,
3115 Brickell, Villa Serena. Mr. Cheek used to live there. Maybe the old-timers remember. But
I am about the only person that has come here for more than 20 years on the budget hearing to
lobby for the parks. And this is an issue of the park there, too, and the gate, the money. Because
all of a sudden, the money came right away, eighty thousand for the fence and the following four
thousand dollars ($4,000). And we, in Allapattah/Comstock, we're waiting for our fence. And
the money was situated, allocated there under eight point two million dollars ($8.2 million) for
the inner city parks. You remember? One dollar ($1) for Bayfront Park, one dollar ($1) for the
inner city. And the money is there now, but we don't have the fence there yet. We're waiting
for the fence. And even employees want the fence there. And people talking about the majority
and all that. Listen, they did put us rapid transit there, and they four -lane 17th Avenue and six -
lane 27th Avenue and they say, no, that's for the benefit of the majority. They don't care about
the neighborhood. So that's the way it is here. Majority rules. Don't tell me about that, because
I've been all the time, you know, there, whenever somebody don't want something. They put it
there, and they say it's for the benefit for the majority. Now, talking about fences, too. I see
now they're putting a fence around there. And next thing we know, it's 1984, and we will have a
fence probably around Allapattah and certain neighborhoods to fence us in, you know. "Delito
de peligrosidad," dangerous, we're dangerous, because we don't adjust to the socioeconomics
and the demographics, and they will bring all kind of explanation. And that will be the next
issue. They will put us inside there, because it's not enough with keeping the park out for us to
use it, or for us, because I ride the bike around there. I go to Crandon Park with my children. I
go to Matheson Hammock with my children. I use it, even if I live in Allapattah. And I pay
taxes in the City, the same, same way you pay this. And I pay a lot of Federal taxes, too. Not
much in Federal... in City taxes, because I live in Allapattah. But I pay a lot of money in Federal
taxes. Thank you.
Vice Mayor Regalado: One from...
134 June 26, 1997
a,.
Mr. Foeman: Dean Ziff.
Mayor Carollo: Thank you. Name and address, please.
` Mr. Dean Ziff: My name is Dean Ziff. Address is 2999 Brickeli Avenue. Vice President of the
Cliff Hammock Homeowners' Association. I'd like to refute a few... clear up a few facts that
have been brought up here. Number one, the eighty thousand dollars ($80,000) that was spent on
the fence that surrounds the dense beautiful hammock inside the... inside Wainwright Park was a
grant that we, the homeowners, along with the City Parks and Recreation applied for at the State
level, because knowing the City, everyone can whine and whine about trying to... you know, to
the City, to try to get money from the City or try to get money from the Police Department. But
in a City that's in a financial crisis, you've got to go elsewhere. We went to the State. The
i State... We asked for a hundred and sixteen thousand dollars ($116,000) to fence in the entire
hammock. They gave us eighty thousand dollars ($80,000). And we were able to not only
enclose the hammock within the park, but use that also to work with DERM (Department of
Environmental Resource Management), to work with Fairchild Gardens. Paul George was also
part of the effort to train workers to go in and know what they were... how they were cleaning
out that hammock. So I want that to be clear, that's not eighty thousand from the City, because it
never would have come to us if we had applied to the State - excuse me - to the City. What I
would like to say also is that it's been brought up again, "Stallone Gate, Stallone Gate." And Mr.
Stallone is a good neighbor. We're glad to have him as an ally, but he's one of 22 members on
this street, very independent minded members of this street who have been pursuing the cleanup
of this neighborhood long before Mr. Stallone arrived here. We're glad he's here, but if he
leaves tomorrow, the effort will continue to clean this up, because the people in this room who
use that street can tell you right now that four or five years ago, very few of you even knew that
{ the neighborhood existed and... that's right. And I'll tell... And the reason why I bring that up is
j because there were so many gang disputes and so much gunfire, and the street was a... was full
j of potholes. And anybody who tried to ride a bicycle down the street and go through the
pathway, anybody who tried to rollerblade down the pathway was putting their selves in danger.
It was we who appealed to the City to have it repaved, and at that time, they also repaved the
pathway there. So that's... that's exactly what's happened on that street. It's we who've given a
damn to take the street back from criminals, and that's the beautification that will continue in the
future.
Mayor Carollo: Your time is up, Dean. Thank you. OK.
Mr. Foeman: Andrew O'Brien.
Mayor Carollo: Angelo?
Mr. Foeman: Andrew O'Brien.
Mayor Carollo: Andrew O'Brien. Mr. O'Brien?
Mr. Andrew O'Brien: Yes.
Mayor Carollo: OK. We need your name and address for the record, please.
Mr. O'Brien: My name is Andy Courtney. My middle name is O'Brien. I live at 3011
Southwest 1st Avenue in Miami, and I am totally opposed to this gate. Miami has received...
First of all, it depends on tourism. And throughout the years, it has received some very bad
publicity. I was in the music industry. I've travelled all over the world. Everybody, through the
'60s and the mid-'70s wanted to come to Miami. And in the '80s, it... with all the trouble, with
135 June 26, 1997
all that happened, people were questioning Miami. Mr. Stallone goes to London on the 16th...
14th of December of 1996, and he gives an interview to the Sun Newspaper, which is the largest
newspaper in England, throughout Ireland, and so many other places, and he absolutely slams
Miami. What he says is Miami is a drug -ridden City, and that it's not fair. He cannot wait to get
back to sell his property. He would not bring up his child here.
Mayor Carollo: Well, what does that have to do with the gate, sir? If we could keep it to the
record...
Mr. O'Brien: What does it have to do with the gate?
Mayor Carollo: You know, Mr. Stallone clarified that in another interview. So really, what we
need to do here is to keep it to the issue, not to slam anybody, the neighbors, any particular
person, but stick to the issue. What does that have to do with keeping the gate open or closed?
Mr. O'Brien: The gate should not be there.
Mayor Carollo: Well, then talk to the issue. You have some additional time that I'll give you.
Mr. O'Brien: OK. Why do American... why do Cuban people, why do Haitian people come
i here every day, risking their lives to come here? Because they come to live under a.democratic
society. They are willing to pay the consequences in coming here, and they know what the...
they know the outcome of it. And Stallone, who slams America, that is the issue. It's the
American people who put him into international stardom.
I
Mayor Carollo: Well, do you have anything else to say on the gate that's over there?
Mr. O'Brien: I say take down the gate.
Mayor Carollo: OK. We heard you. Thank you.
Commissioner Plummer: Do you have a copy of that article, sir? Do you have a copy?
Mr. O'Brien:. The article of that will be sent to me within the next few days. It's the Sun
Newspaper in London.
Commissioner Plummer: Fine. I'd like to... if you're furnished a copy, I'd like to see it.
Mr. O'Brien: I certainly will.
Commissioner Plummer: Thank you.
Mayor Carollo: Commissioner, for the record, on that, that's one of the many tabloids that you
have in England, like we have many here, like the Enquirer and others. And Mr. Stallone more
than clarified that in a press release, that that was not true. He never said that.
Mr. Foeman: Ana Marie Parks.
Mayor Carollo: Ana Marie Parks.
Mr. Foeman: Ana Moore Parks. I'm sorry.
Ms. Arva Parks: It's Arva Parks. My name is Arva Parks. I live at 1601 South Miami Avenue.
I volunteered to come here today, and it's not a pleasant place to be. But I... and I look across at
136 June 26, 1997
many of the people on whose side I usually am. But as a preservationist, I'm here with another
whole issue. And I'm used to not having enormous crowds on this point of view. This is a very
historically significant neighborhood. I've been aware of that for many, many years. I know it
very well. It is so important. And the neighborhood... the Coconut Grove study, which I was
fortunate enough to participate in, it talks about the importance of this neighborhood. It has a
pristine hammock. That is something special. It's to be loved and nurtured, and get the
understory back, and not trampled. It has one of the last pieces of the bluff on the bayfront,
which is such an important part of the history of Miami. It has the punch bowl that's back,to the
1830s. We have records of that. We have records of probably the first European settlement is
on that site. It's a major archeological site. I think what is especially important, though, as I go
down there is the stretch of Brickell Avenue there is the last piece... the street, itself, is the last...
Unidentified Speaker: What does that got to do with the gate?
Ms. Parks: I'll talk to you on what it has to do with the gate. It's the last piece of Brickell
Avenue that looks like it did when Mary Brickell planned it in 1916. I have a favorite picture
here from the millionaires row that she created in 1916 of the area up in the other end of
Brickell. The area we know now in this neighborhood...
(INAUDIBLE COMMENT NOT ENTERED IN THE PUBLIC RECORD)
Ms. Parks: I'd like to just show this real quick.
Mayor Carollo: Can you give her the courtesy that you would want for yourself, please? If not,
I'd hate to do it, and it would be the first time I've done it as Mayor. I will ask for you to go out,
sir. Please.
Ms. Parks: OIL. Real quick. There are two houses in this neighborhood that are over 80 years
old. They were celebrity houses, William Jennings Bryant and Getts Governor. There's a 1913
gate. All the walls are original in that neighborhood. And the most important issue I want to say
is this: All Brickell Avenue looked like that part once looked. Because Miami lost the
desirability of big time people who could afford these kind of houses, they left. When they left,
the property was rezoned, and we got all the highrises on Brickell Avenue. That neighborhood
right now, if those people that can afford those houses do not continue to live there... and they
say they have choices for crime. They also have choices to move some place else. Each of those
lots could get between ten and twelve houses per lot. We've seen that happen along other parts
of the bayfront. We've seen it happen in the Grove. We've decried the fact that it's happened in
the Grove, and that's why I'm here, because I think the ambience and the waterfront... last of
millionaires row and the street deserves protection, and the people who live there, who are doing
something for all of us by protecting that neighborhood, I'd like to be with them.
Mayor Carollo: Thank you, Arva. Your time is up. I appreciate it. Please, no clapping. Who is
next, please?
Mr. Foeman: We have one neutral, Mr. Mayor, Manny "Boom -Boom" Goenaga.
Mayor Carollo: Well...
Mr. Foeman: He said he's neutral.
Mr. Manuel Gonzalez-Goenaga: Two minutes. I...
Mayor Carollo: One neutral.
137 June 26, 1997
a x;
i.
Mr. Gonzalez-Goenaga: For the record, I want to include in the record, but the City of Miami
machine is not working, what appeared today on Page 4A on U.S.A. Today. "The Neighborhood
Feud -Engulfed Miami Celebrity." And I expected to see here today Mr. Rambo and Madonna.
And since they are not here, I am going to suggest to this Commission that even though Mr. Gort
says that this is not an issue of the poor versus the rich, you are deceiving me, Mr. Gort, because
that's the issue, the rich versus the poor. I understand that your house, Mr. Stallone and his
neighbors, is your castle, but not the street. The street belongs to the citizens. I come from
1 Puerto Rico, and I enter the "Fortaleza," where the Governor lives, no impediment, whatsoever.
Everybody can go in there. And then we cannot go into the public area? Your house is your
castle, but not the streets. Thank you very much.
(APPLAUSE)
i
Commissioner Plummer: Nice to have you back.
Mr. Foeman: Paul Larsen.
Mayor Carollo: Paul Larsen. I think Mr. Goenaga got confused on the neutrality number.
Mr. Paul Larsen: I hope you've got me on the list of the people that are against the gate.
Mayor Carollo: But for someone that comes from one of the ten richest families in Puerto Rico,
I could understand that. Don't let the outfit fool you. And I've seen their house in Puerto Rico,
and, well, they got plenty of gates all around.
Commissioner Plummer: They need them to keep him in.
Mayor Carollo: In fact, the Governor pointed it out to me.
Mr. Larsen: Mr. Mayor, I'd like to talk about the gate.
Mayor Carollo: Yes, sir.
Mr. Larsen: And I'd like to talk about the alternatives to the gate.
Mayor Carollo: OK. Can we get your name and address?
Mr. Larsen: My name is Paul Larsen. I sent each of you a letter. I am a professional engineer,
and I'm interested in the safety aspects if this gate is closed and people have to then go to an
alternative.
Mayor Carollo: OK. Paul, you got two minutes.
Mr. Larsen: Thank you.
Mayor Carollo: So we will turn the lights up here, if we can.
Mr. Larsen: This - and I have another package of material for you - is a map that shows the gate,
which is here, and the path that we have at present, and then the alternate paths. And I think
somebody said that the present path was simply a short cut. That's not really the case. There are
only two alternatives. There's a present path, and an alternate path. And I'd like to look, then, at
what the alternate path is. And basically, it's here, and it's along South Bayshore Drive, and
then turning along U.S. 1, the path is shown in a yellow line. And if you'll notice there, there are
a couple of poles that are obstructions in that path. There's also a sign here, and things that
138 June 26, 1997
make this path quite unsafe, and things that I don't think that anyone is. going to want to pay to
fix. This is... This is a pole that indicates... right there at the intersection. It's a blind
intersection. When you come to that location, you can't see to turn the corner, if you're riding a
bicycle. And the other side is there. And that, sir, is the alternative to this path. Then in
addition, we actually measured the path, and it's 18 inches wide. Now, we also did some studies
of what is recommended by the Highway Administration, in terms of bicycle paths. And it's a
minimum of eight feet, so we're a little short there. Well, right here is a closeup of that path, and
you could see that there's a survey marker right there, so there's a piece•of rebar that will do you
in, if you're riding your bike through there. And we even did an actual survey to show that there
are only an 18-inch... 18-inch pad, and that's completely unacceptable.
Mayor Carollo: I'm sorry, but your time is up. We have read what you sent us, and we have
here the package. So thank you very much for that presentation.
(APPLAUSE)
Mayor Carollo: OK. "For."
Mr. Foeman: Enrique Cubillas.
Mayor Carollo: Your name and address, sir, for the record.
Mr. Enrique Cubillas: Enrique Cubillas, 2800 Brickell Avenue. My name is Enrique Cubillas. I
am...
Commissioner Plummer: Pull the microphone down.
Mr. Cubillas: Yes. I am a member of the Cliff Hammock Homeowners' Association. I own a
house. My home is not a mansion. I am comfortable, but I'm not wealthy. I am going to
address the issue of access to our street. This is a matter in which our main goal is our
neighborhood security and the safety of our families, which is compounded by the presence of a
public park on our street. This issue of access to our neighborhood again has become a
controversial one among members of our neighboring communities, and public at large, because
our goal is to fence and close the north end of our street for the so-called bike path. In
yesterday's New Times issue, a journalist wrote, and I quote, "Commissioners will face the
question, 'Should the City of Miami allow a neighborhood of wealthy individuals to block
access to the public street?"' Commissioners, the Cliff Hammock Neighborhood Association is
asking you to respond, yes, because with your action, you are not blocking access to our street.
You are, in fact, restricting access for everybody - our families, our own, our visitors. We are
not proposing to privatize our street. You are, in fact, closing the back door of our opening... of
an opening that has been so often used by those who come to our area and the park to promote
their illegal activities - prostitution, drug dealing, and gangs. Families visiting the park never
enter the street through this way. They 1 asically come by car. With our plan, access to our
street would continue through what is really our front door. That is 32nd Road and South Miami
Avenue: Cars, bikes, pedestrians, tourists, all are welcome to our neighborhood, but• not by
sneaking in through the back door, but through the front entrance, which is 32nd Road. They
can go around this beautiful, historical site of Miami, enjoy its beauty, visit the park, and then
leave, exiting through the same way they came in. I call this orderly access for the sake of our
and their safety.
Mayor Carollo: OK. Your time is up, sir. Thank you very much.
Mr. Cubillas: Thank you very much.
139 June 26, 1997
-0:. •L9 ,^
Mayor Carollo: OK.
Mr. Foeman: Ellie Norwitch.
Mayor Carollo: Thank you.
Ms. Ellie Norwitch: Hello.
Mayor Carollo: Is she "for" or "against"?
Mr. Foeman: She's "against."
Ms. Norwitch: Ellie Norwitch. I live in Kendall. I am president of the Miami Runners Club. I
am speaking on behalf of over 2,000 members. Our members are very sensitive to this issue,
since we have previously lost one of our runners. He was killed by a drunk driver on Key
Biscayne. We take the issue of safety very seriously for this reason. We strongly oppose the
blocking -access to the Key. For more than 30 years, this has been a favorite training course of
our runners, bikers and walkers. By blocking this road, it would force us to stay on South Miami
Avenue. We feel that the road is unsafe, especially the critical corner leading to the entrance of
Key Biscayne. With a speed limit of 35 miles per hour, there is not adequate room on the path
next -to the traffic. Our club works with the Tourist Development Council. We promote safe...
we promote... We try and promote Miami as a safe place to live and visit. I'm concerned we are
sending out a negative message that it is unsafe to come here. We urge you to not allow the gate,
and to allow our young and old to continue in a safe neighborhood to cross over to Key
Biscayne. Thank you.
(APPLAUSE)
Mayor Carollo: OK. 'Who do you have next, please?
Mr. Foeman: "For," Norman Gordon.
Mayor Carollo: OK.
Mr. Foeman: Oh, I'm sorry. Norma Gordon.
Ms. Norma Gordon: My name is Norma Gordon. I live at 3014 Brickell Avenue. I've lived
there for 37 years. When I moved there, I was 22 years old, and I had a two year old child. My
other three children we're born there. This is my street. I love this street. I Iove this
neighborhood. I love the bikers and the skaters, and many of you are familiar to me, because I
see you on my street. We don't want these people not to come. We realty want you to come. I
have talked to many of you. You stop and you admire my lawn. It's a wonderful thing. We will
never try and keep you out. But we do want to keep the criminals from leaving our street at the
other end, and this, we must do. My children used to be able to open the front door and say, bye,
mom, I'm going out to play. I don't let my grandchildren out of the front door without four
people watching them. We must close the street at that.end, where it is dangerous. Thank you.
Mayor Carollo: Thank you.
Ms. Gordon: And you are always welcome.
Mayor Carollo: Thank you. OK. Next.
Mr. Foeman: Harry Gaines, "against."
0
140 June 26, 1997
,)t
Mayor Carollo: Who now?
Mr. Foeman: Harry Gaines.
Mayor Carollo: Gaines? What is the first name?
Mr. Foeman: Harry.
Mayor Carollo: OK. Your name and address, sir, please.
Mr. Harry Gaines: Good afternoon. My name is Harry Gaines. I live at 3553 Palmetto Avenue
in the South Grove. My background basically is that I am a retired civil trial lawyer, and I was a
former City Attorney. I also have been using that park with my family for almost 30 years. My
children and my family picnicked there 30 years ago. This is not something new that just
happened overnight. I think it's important that we address some very salient issues. First of all,
the folks that live there certainly deserve their security. No one argues with that. And they
certainly deserve the beauty that exists there. Nobody argues with that. But they didn't wake up
one morning and find a public park and a pathway there. They bought their property with the
clear knowledge of exactly what was there - a public park, a pathway, Vizcaya, the Metro
Station, the Rickenbacker Causeway, and the Science Museum. I'm not unmindful of their
contributions to this City, but the accumulated contributions over 100 years of the people of this
City certainly outweigh that. I've already noticed that you all... somebody has paid for putting
curbing all around the center strip, and telephone poles on the entire west side. You've taken a
beautiful park, a public facility, and you've limited it to 16 cars. And we paid for that. And...
(APPLAUSE)
Mayor Carollo: We need to have some decorum in here. Express your emotions outside.
Mr. Gaines: We have paid for that. And perhaps... I'm going to end now, because I don't have
enough time. The City ought to consider that when you force those people out into the most
dangerous intersection just about in this County, most cities are sued because of situations that
they should have known about. Here, you are put on notice now of the danger that you are about
to proceed with, and you're going to have lawsuits coming out of your ears. You already have
more judgments than you can pay, and the City is bankrupt...
Mayor Carollo: OK. Thank you, sir. Your time is up.
Mr. Gaines: ... and it seems to me that you ought to consider the safety of these people, and your
liability.
Mayor Carollo: Thank you. Thank you.
(APPLAUSE)
Mayor Carollo: Listen. I know that you have people that feel very strongly, one way or another,
but if we're going to proceed that we've got to clap, we've got to boo, then I think maybe we
ought to just call it an ending to the public hearing. I don't want to do that, but if you want to
force me, I will gladly do it, if I'm forced to. I think we ought to finish in the way that we
started, with some dignity and decorum in this process, so that each side can have its final say.
So again, I urge all of you to please respect everyone here. It's clear, not just for this hearing,
but it's the first thing we have in every Commission agenda that spells it out as clearly as it could
be. No clapping, applauding, heckling, or verbal outbursts in support or opposition to a speaker
141 June 26, 1997
or his or her remarks shall be permitted. No signs or placards - and I've let them go so far - shall
be allowed in the Commission chamber. Persons exiting the Commission chamber shall do so
quietly. Go ahead. Who is next?
Mr. Foeman: Candido Vigella.
Mr. Candido Vigella. Hi. My name is Candido Vigella. I live in South Miami Avenue, 3001,
which is on the part that is back to back to this neighborhood. Let me tell you that our home and
other homes in South Miami Avenue that are back to back to these houses have been robbed, and
in every instance, it's been people that come through that walkway, pedestrian bike path,
because it's an incognito way to get in and come through the back yard, and do whatever crime
that you're going to take... you know, that you're going to do there. There's a lot of crime also
that has been done with people on the street. So it's an issue, also, that this is really the favorite
route through which the bad element that wants to do something in the street uses. It's to the
point that you don't... you rarely or... I don't know anybody who's a neighbor of the area that
likes to take their children to this park. We have three small children, and we'll put them in a car
and send them to another park, because it's a park where you don't find... nobody's wife wants
to go alone to take their children to go on a picnic, like the gentleman there used to do 30 years
ago. Anything related to access to the street is good. I mean, any access that will not... that will
limit this bad element from coming in is what I'm in favor of. And anybody who has children
that wants to go to that park, that's what you'll find that they're in favor of. Anybody who wants
to go through or bike through, you know, they're not in favor of that. They don't put their
children on their bikes and bring them over. So I think you definitely have to find a way of
making this safe, because this is a unique area. This is a dead-end street that you can make it a
very safe park. You have parks in the City of Miami that people go to see concerts at, at
Bayfront Park. You have a park that people go to play domino. Make this a safe park for people
in the neighborhood to take their children to.
Mayor Carollo: Thank you for your comments, sir. Who's next?
Mr. Foeman: "Against," I have Martin Margulies.
Mayor Carollo: Martin? That's why we got... Marty Margulies.
Mr. Martin Margulies: That's me. Gentlemen and ladies in the audience, I find this hard to
believe that this would even come up. If you put a gate there, that's not going to stop the
criminals. They're just going to go over the gate. What you're really stopping is the people that
are enjoying the beauties of Miami. Admittedly, this is a beautiful area. Admittedly, these
people have a right to privacy. Fifteen of those homes have gates in right now. It is their
neighborhood, but it is not their street. It is the street of the public. It is a street that I've been
paying taxes on for many, many years. When I developed Grove Isle, I had to get a permit for a
marina. The marina took me six years to get a permit. One of these people who had written an
editorial destroyed a coral reef and mangroves because he didn't get a permit, and that was
several years ago. He didn't get a permit. I got a permit. So it is not his bay. It is not his street.
It is the streets and the bay of this community. And you have an obligation, by your City
Attorney's opinion, to not close this gate. And I really don't think Dade County will give you
permission to do that. In terms of an alternate route, I don't think that... If you've ever ridden a
bicycle, if you've ever jogged, if you've ever sprained your ankle, you might fall onto U.S. 1,
and I don't need to describe it any further. It is an unsafe alternate route, as far as I'm
concerned, if that gate is closed. I use it three times a week. I take my children there when
they're off at school, and I wouldn't... I'd feel very unsafe. Thank you very much.
Mayor Carollo: Thank you.
142 June 26, 1997
(APPLAUSE)
Mayor Carollo: Please. OK.
Mr. Foeman: "For," Barbara Gottlieb.
Mayor Carollo: Barbara Gottlieb.
Ms. Barbara Gottlieb: My name is Barbara Gottlieb. I live at 2850 Brickell Avenue. I'm a
fairly new resident. I've been there for nine years. Unfortunately, I live directly across from the
park. 1 can honestly say that a lot of these people who say they've been using that park in the
last nine years have not, because the prostitution and crime in that park, including having a dead
body thrown in front of my gate, in the last six years has been unbelievable. It's only been two
and a half, three years ' that we've managed to pay, ourselves, for the police protection, so you
can come in there safely and use the park. There's such a big misconception here. We're not
closing the park or the street. We want you to come use it. There's safety in numbers. We want
your children there. My grandchildren live in that street. Sly Stallone has nothing to do with it.
And because he's rich and famous, why do we have to condemn him? I am not rich and famous.
I pay taxes. My taxes help the City of Miami. I'm only asking for.safety for myself, my
neighbors, my grandchildren and children, and for you, also, because when you go home, that
gate is open, and we're still there. Thank you very much.
Mayor Carollo: Thank you, ma'am. Who is next?
Mr. Foeman: "Against," Jose Gonzalez.
Mayor Carollo: Two more on each side, since Mr. Goenaga claimed he was neutral..
Mr. Jose Gonzalez: My name is Jose Gonzalez. I live in 1100 Southwest loth Street. I want to
answer to the lady that live there for nine years. I have been going to that park for 28 years,
before even she moved there. I don't... I believe that... it amaze me, besides the gate, which I
am against of, but part of the gate is the fence. I am against totally. We should not put that gate
up. We should not limit the parking space. We already have a fence, and I don't know who
made the decision to put the new fence right next to the street, so we can restrict the public. And
I pay taxes, lady, for 38 years, for my family and my grandson, the first one, I have his birthday
over there. So I believe that it's not only the gate. Even the fence is restricting, since three years
ago. And the criminals... and they don't have a chance. I was there two days ago, and at six -
thirty in the afternoon, either I move or I get a ticket from a parking... a public parking space.
Whereas where I live, everybody has the right to park in front of my house at any hour. So the
gate is indecent. It's immoral to put a gate there. And the way the fence was put up is indecent,
and it is immoral. And whoever... whoever approved it, find out. Mr. Carollo, you recognize
mistakes. And talking about order, your political actions before you were elected were not so
orderly. So don't call the attention to people that want to express themselves.
Mayor Carollo: Listen. You tell Mr. Suarez that if he has any real guts, he should have come
here himself to have made those statements, not to send you, sir. OK?
Mr. Gonzalez: I will tell him, too. OK. I am not in favor of Mr. Suarez, Mr. Carollo. I am
against the fence.
Mayor Carollo: Yes, you are, sir. Yes, you are. OK?
Mr. Gonzalez: I am against that gate.
143 June 26, 1997
Mayor Carollo: You want to make this personal, sir? You know, there's a right time to do it.
This is not the place to do it. OK?
Mr. Gonzalez: No, sir, I don't want to make it personal. OK? Well, don't call the attention to
people when they have... emotions are involved. People are emotional.
Mayor Carollo: No. Sir, you have one second left. Thank you.
Commissioner Plummer: Time is up.
Mr. Gonzalez: Thank you very much.
Mayor Carollo: Give my regards to Mr. Suarez. Success is no deficit.
Mr. Gonzalez: I didn't vote for him.
Mayor Carollo: Yeah, I'll be you didn't.
Mr. Gonzalez: Neither for you.
Mayor Carollo: No, sir, you did not vote for me. You've been with him at every meeting that
he's gone to in Little Havana, and you know that.
Mr. Gonzalez: You were having breakfast in Coconut Grove seven years ago when you made
mistakes as a Commissioner. OK?
Commissioner Plummer: Time is up.
Mayor Carollo: Thank you, sir.
Mr. Gonzalez: I know you. I know you.
Mayor Carollo: Yeah. Save it for the campaign. Save it for the campaign, sir.
(APPLAUSE)
Mayor Carollo: How many do we have left?
Mr. Foeman: You have... Anne Weiner is next, Mr. Mayor. She's "for."
Mayor Carollo: OK. How many people do we have left for each side?
Mr. Foeman: One and one. OK. Anne?
Mr. Foeman: Weiner.
Mayor Carollo: Anne Weiner. Go ahead.
Unidentified Speaker: It's a mistake. It's a mistake. Let Jay...
Mayor Carollo: Excuse me.
Mr. Foeman: Jay Grossman. She's not here.
144' June 26, 1997
19
Mayor Carollo: Jay Grossman. OK. Is he speaking for or against?
Mr. Foeman: He's speaking for.
Mayor Carollo: Thank you.
Mr. Jay Grossman: Mr. Mayor, City Commissioners, thank you. I'd like to discuss two issues
here. The first issue really deals with the park and the, parking. There's been a great deal of
misconception here by everyone. And I've heard comments from a gentleman who said he has
been here for 30 years about the decrease in the number of parking spots. That's absolutely not
the case. The number of parking spots in front of the park was never decreased. Really, what
happened was that people were parking on the median, which is a conservation area. There were
no parking signs, tow -away signs there. That was never enforced. And as a result of that, the
homeowners' association got the City to put up a curb to protect the median in the middle of the
street. The number of parking spots that are there represent the number of parking spots that
have always been there. They were never decreased. I'm sorry to tell you, sir, that you are
mistaken. The number of parking spots was never decreased. OK? Let's be clear on that.
There were always no parking signs, there were always tow -away signs there. So the parking
has never been decreased. That's the first thing. The second thing is I am a runner and a
jogger... a runner and a bicyclist, and I jog four or five times a week on average. So for me, this
issue is a matter of convenience - the convenience of being able to use the north end of the street
to jog, as opposed to going around. If the street is closed, I am one of the people that will be
inconvenienced. But you know what? Convenience is not the important issue here. Crime is
the important issue. The convenience of the people who want to go through the gate is not as
important as the security that we need on our street. You are talking about one small area there
that needs to be fixed, in order for this alternate route to be viable. This engineer brought up one
point, and I think that with that point being fixed, it is a very viable alternative, because you
know what? The distance from 32nd Road to the shore is shorter by South Miami Avenue than
it is through our street. And nobody has made that distinction. It is a shorter distance. It's more
of a short cut on South Miami than it is through Brickell. Thank you very much.
Mayor Carollo: Thank you for your time, sir. Thank you for your time.
Mr. Foeman: The last one...
Mayor Carollo: Now, are they done?
Mr. Foeman: Yes.
Mayor Carollo: OK. Is there anyone left from the other side to speak?
Mr. Foeman: Yes. Jo Lee.
Mayor Carollo: One more. OK, Jo Lee. Is Jo Lee here? OK. This is the last person out of both
sides to speak before the closing remarks from both sides.
Ms. Jo Lee: Yes. I'm sorry. I didn't think I'd be able to speak. Actually, most of the points
have already been mentioned. My main point, really, is safety for the bicycle riders. I agree that
it would be extremely difficult to find an alternative route that would ensure safety for people
who are riding bicycles. Another issue that I don't think might have been mentioned is that if
the gate... In other words, if the end of the street that leads to Key Biscayne that so many bike
riders and runners use is closed, it has been said that maybe somebody would be there early in
the morning to open the gate and in the evening to close it. But a lot of people who work find
that the only real time they have. to do this sort of exercise, which, of course, is important to
145 June 26, 1997
0
f
them, is before they leave for work in the morning or after they get home at night, so that it's a
difficult issue. We certainly agree that public safety is important for all of us. We all have our
crime problems. And I have some friends who live in that area, and I certainly wouldn't wish
them to be injured. But I wouldn't wish anyone to be injured. And I truly think that we need to
work this out in a reasonable way for the safety of the greater number of people. Thank you very
much.
Mayor Carollo: Thank you, Jo Lee. Nice seeing you again.
Ms. Lee: Thank you.
Mayor Carollo: If I could ask Mr. Marks to come back for his closing remarks. You have a
minute and 23 seconds left. And the president of the homeowners association had a minute and
54 seconds left from their opening statements. Mr. Marks, go ahead.
Mr. Marks: Mr. Mayor, Mr. Vice Mayor and Commissioners, thank you very much for the
opportunity to address you this evening. However, I'd like to turn my attention to the voting
citizens that are here tonight, and thank you for coming out and showing where you stand on this
issue, because now you know that there is a very, very large number of people out here that are
outraged and very upset. The issue here is, "Can you close the gate?" The rule is, "No. You
don't have the legal authority to do it." It's settled. What you are...
Mayor Carollo: That was made clear already.
Mr. Marks: OK. What we're talking about and what you're hearing about is the future. We
don't - and I mean the public - we don't want an invitation to come into a neighborhood and be
told, you got to turn around, when, for over 30 years, we've been continuing out into the glorious
area of Key Biscayne, like I mentioned. We don't want that invitation. No, thank you. Mr. Ziff
asked to the public, "How many of you knew the neighborhood existed before?" That's
outrageous. How many of you knew the neighborhood existed before, and how many hundreds
are behind you? The folks in this area moved to a park and a bike path. The park didn't come to
them, and the bike path didn't come to them, either. This is outrageous. We're talking about the
quality of life here, and the quality of life for the citizens of Miami and Dade County. You are
beholding to the public trust. We trust you to act with conscience, and on our behalf, not 22
homeowners, but many more people than that. They have a privilege to live there, but they
shouldn't live there privileged. It's our bike path. You don't have our consent to close it, not
now or ever, like I said. Thank you.
(APPLAUSE)
Mayor Carollo: Thank you for your time, Lee. OK. Ma'am, you have a minute and 54 seconds
left for closing remarks.
Ms. Grajunswki: OK. And I'd like to give 30 seconds of that to the vice president, also, to make
a comment.
Mayor Carollo: That will be fine. So then you'll have a minute and 24 seconds.
Ms. Grajunswki: Just tell me when. I mean, in some ways, this has become such a passionate
issue in Miami, but it is one for us, too. Again, I think it's arrogant on the part of everyone who
thinks that we need permission to be safe in our neighborhood. I appreciate the idea of safety for
runners, and for the bicyclists, and I think there are alternatives that can be.made to make that...
an alternative route safe. But I have to tell you, you're talking convenience versus real danger.
We've had people attacked through that fence in the middle of the day with knives. We've had
146 June 26, 1997
3,
real crime there. Don't shake your head. You run through 32 seconds, and you go home to
communities which are as protected. And I think we are entitled to safety. Oh, there have been
individuals today who have spoken who go home to areas that you're not allowed to run, either.
And I have to tell you that our street is open. Our neighbors have said to you, we welcome you
there. Come and use the hammock. It's clean because we have cleaned it up. And I didn't see
you there cleaning the graffiti off five years ago, or three years ago. Dean.
Mayor Carollo: OK. Can you stop the clock then? He's got 30 seconds plus 19. That's 41.
Thank you. Go ahead, Dean.
Mr. Dean Ziff: There's statistics in all sorts of crime that people have gone out and talked about,
and brought in here, and said that crime is decreased, and that sort of thing. That's been great.
What we're faced with here is that the dead end part of our street... It is our street, just like
where you live, you call your street, your neighborhood. That dead end part of the street has
been used as a launching pad for crime against our neighborhood. And it doesn't show it in the
statistics, because there's a psychology of fear that we feel. You folks don't feel it because you
zip through. We live with it, and doing something about it is really the story here. That's the
role model of people who give a damn, to step up and say, please come to our street, it's a
beautiful street. But we're the ones who live there and continue to live there. So please come,
but understand that we are responding to a reality. Thank you.
Mayor Carollo: Thank you. The public hearing part of this meeting, as we had stated from the
beginning, was followed, and is now going to be closed. We listened to ten speakers from each
side, including some that made opening remarks and closing remarks. So the public hearing
section of this particular item will now be closed. Now, the members of the Commission and the
Administration will have discussion.
Mr. Jeffrey Hunter: May I say something?
Vice Mayor Regalado: If I can...
Mayor Carollo: Sir, the...
Mr. Hunter: I'm the bicycle/pedestrian coordinator for the County, and the only thing that has
been mentioned on this whole issue is the safety of our citizens. Now, about a month ago, we
were named the second worst place to walk and the second worst place to bicycle -in the country.
Mayor Carollo: Sir, sir...
Mr. Hunter: And I think that the safety of our citizens has to be mentioned.
Mayor Carollo: Sir, that's fine. Since you work for the County, you can let them know, because
we can't make any decisions on that. And I appreciate...
Mr. Hunter: No, I understand that. But I say that's one thing in the study in The Herald that
hasn't been mentioned. And we're talking safety of the residents, but we also need to talk about
the safety of bicyclists and pedestrians. Second worst in the nation.
Mayor Carollo: That's fine. It's been put in the record. Thank you. Now...
Vice Mayor Regalado: Mr. Mayor?
Mayor Carollo: Yes, Mr. Vice Mayor.
147 June 26, 1997
Vice Mayor Regalado: I wanted to say something before, because I really resent the fact that we
were told that this here was an issue of the people versus a special interest. Every day, I have to
make at least two or three trips to where I work. I live in the Shenandoah area, and I work in
Ponce de Leon, in a radio station. And I have to drive through Coral Way on Miracle Mile,
because there's no way I could take a short cut through Coral Gate, because Coral Gate is closed
to the traffic. I could have saved five to ten minutes every day, three or four times a -day, to...
because always, I'm in a hurry to do my programs. Well, Coral Way was closed by this board
because of the safety issue. Maybe 1 would like to take a short cut through Coral Gate and save
about ten minutes of my time, but I respect the decision of the citizens and the residents of Coral
Way. Today, we have a lot of cameras here because Sylvester Stallone lives in that area. There
were no cameras here when Coral Gate was closed, nor were there cameras here when
Morningside was closed by this board. There were no cameras here when Model City was
closed. We have now people in the Roads that said that they need that area closed because they
fear the crime situation in that area. Mr. Mayor and members of the Commission, I know that
this is a very emotional issue, but I think that the question here is that, yes, we have to respect
the rights of the people of all the area who want to jog and bicycle through. But we have a
responsibility to the residents, to the neighbors of certain neighborhoods. And because Mr.
Stallone lives there, . we are neglecting the responsibility that we have with that particular
neighborhood. And we are not closing a gate, as we have done in the past, for many other
neighborhoods. I feel that although it's unpopular, although I could be criticized, I am ready to
move to present the motion looking for an alternative route for bicycles and joggers, and close
the gate down.
Mayor Carollo: Let me explain again that the only decision that this Commission can make on
any motion that is accepted by the rest of the members of the Commission is to send our
recommendation to Dade County government. There is nothing that we can do here today to
decide on our own the fate of whether the gate is open or is closed. It's been made clear by our
City Attorney in the consultations that he has had with the County Attorney and the directors of
the Public Works of the County and the City that that's not our decision. The only reason that I
let the full hearing go was because I think you deserved that right, both sides, to express your
opinions either way. If you took time out of all your busy schedules to come here, I felt that that
right was yours, even though we couldn't make a decision. At least you could have gotten it out
of your systems, and brought both sides out in the open before this body. But there is no
decision that we can make on our own here. All that we can do is recommend a request to Dade
County government. They will make and take the final action on this matter.
(INAUDIBLE COMMENTS NOT ENTERED IN THE PUBLIC RECORD)
Unidentified Speaker: How did you make the first...
Commissioner Plummer: Is the public hearing closed, Mr. Mayor? Mr. Mayor, I would like to
ask a question. Mr. Kay...
Mayor Carollo: The gate is opened, Commissioner, so...
Unidentified Speaker: How did you make a decision in the first place?
Commissioner Plummer: I would like to ask...
Mayor Carollo: Can everybody be quiet, please?
Commissioner Plummer: Mr. Kay, I had thought and I had understood that there was, at the
owners' expense, a potential alternate route. One of the speakers spoke to the fact that Federal
regulations require an eight foot wide path for a bicycle path. Is that a true statement, to your
knowledge?
148 June 26, 1997
Unidentified Speaker: Yes.
Mr. Jim Kay (Director, Public Works): The guidelines require an eight foot wide bicycle path.
However, I might point out, it's not eight foot wide throughout the whole length of the bicycle
system. We have varying widths of bicycle path widths throughout the system.
Commissioner Plummer: In other words, if it were to be tested, there is a requirement of the
eight foot. So in effect, there is no viable alternative. Am I in the ball park?
Mr. Kay: If the... And this would have... really should be a determination of Dade County,
again.
Commissioner Plummer: No, I understand that.
Mr. Kay: But if the sidewalk that is existing there now on Miami Avenue is not wide enough for
the bicycle path, then really, there is no viable alternative.
Commissioner Plummer: Well, and I understand. You know, the person shows what they want
to show by virtue of what's to their side. You know, there's no reason that that telephone pole -
that the guy didn't know how to ride a bicycle - couldn't be removed. The telephone pole could
be moved to another location. But that's beside the point. The point I'm trying to make is, is
that what I'm understanding, there is no viable, safe route to the outside by virtue of the
requirement of the eight feet. Am I in the ball park?
Mr. Kay: If that is required of the City or the County... if that's the County's requirement, then
that would be true.
Commissioner Plummer: Thank you.
Mayor Carollo: Any...
Vice Mayor Regalado: If we were to expand the sidewalk, and even use guardrails... safety, for
safety reasons, I mean, that can be done.
Mayor Carollo: Look, let me be as clear as I can. There's about 175 people here, no more. I
know the size of this chamber, how many seats we have, and how many people are outside of
seats. About 175 people. Most are against. You have 20 plus 30 or so that are for. Again,
that's a very respectable number, but, you know, this is not having 20,000 people here screaming
at us that they want it open or closed that are on one side of the issue or the other. Frankly, I've
been at meetings that we have had hundreds of people and I have taken decisions that have been
contrary to the majority of the people in that meeting when I thought something was right. So
because we have a lot of people here, some that are very forceful in their opinions, that doesn't
mean that some of us are going to buckle down and go one way or another, especially when we
can't make a decision on this issue. .But I will speak my mind, even though I don't have to,
because we're not making a decision. I will speak my mind, because I think it's a fair thing to
do. At least it's the way that I do things. There are good arguments on both sides of the issue
here. I remember a few years ago, at least three, maybe as long as four years ago, I started
taking my two little daughters to that park. It's a beautiful park. It's one of the most beautiful if
not the most beautiful park that we have in the whole City. And after going two straight
weekends, I had to stop, because what I was seeing there made me sick. I didn't want my
daughters to see what was going on in that park. It wasn't the kind of place that I was seeing
other children, family -oriented people. It was pretty ugly. Because of the hard work of the
residents and the Miami Police Department, that's changed drastically, quite drastically. The
149 June 26, 1997
hammocks, I hate to tell you, you know, the kind of people that were hanging around those
hammocks. The decent people that wanted to enjoy the hammocks couldn't go in there without
being propositioned as they were going through there, or worse. But the issue is not the park, as
the neighbors stated, as many of the people that want the gate open have stated, I think. That
park has remained open, will remain open. Anyone can go to that park. The residents of the
City, everyone in Miami wants our people to use that park, including many of you that are here
that do not live in our City, that live in Kendall and other areas that have many gated
communities that we cannot go through. We want you to come to our City, and come through
our streets, and go to Wainwright Park. Here in Coconut Grove, too, we have communities -
South Grove - that are gated. You all know them. I don't have to mention them to you. In fact,
maybe some of you that came and spoke here today might Iive in some of them. For instance,
one of my neighbors and old-time friends, Marty Margulies, which I respect his opinion very
much, and, you know, he's been one of our leading citizens here that spoke against, just like
Arva Moore Parks that spoke for are two of our outstanding citizens in Miami. But Marty lives
in a very gated community. Thank God, he had the opportunity to be able to afford to buy the
whole island and all the streets, so that the people that live in Grove Isle have their own streets
there, and the condominium association, and nobody could go through. Even when I try to get
in, they ask me for I.D., you know, "Who are you going to go see?" I can't get in. So you know,
what... the point... please. Please, if you could let me speak, because the same way that we've
respected all of your opinions, pro or against, you know, we have a right to express ours, and
particularly since it's only an opinion, because we can't make any decision on this in closing that
gate down. It's as simple as that, and we kept saying that. So the issues here are several. First
of all, yes, there are some rich and famous people that live there - Madonna, Sly Stallone - but
we shouldn't be pointing at them because they live there. You've heard from many of the
neighbors that have lived there for a long time and expressed themselves, this has been on
ongoing issue that's been going on for a long time, even before Stallone or Madonna moved
there. In fact, I'll go way back, years back, when I was a teenager - not as far back as Plummer
can go - but when I was a teenager a few years ago, frankly, walking to go to Key Biscayne, I
don't remember, as a teenager, having any access to go through any bike path that was there. All
that I remember were hammocks and bushes, and you couldn't get through back in those years.
So in those years, I don't remember any bike path that was there, just hammocks everywhere that
I would see. That's not to see that... that's then, and, you know, we're dealing with today. The
bottom line is that just like our citizens, our neighbors would like to come to Miami and jog, and
bicycle -ride, or just walk through have a right to use our streets, the neighbors in that area also
have a right to their quality of life. I understand that unless there is a safe alternate route, there is
no way that that gate is going to be closed. And now, I will tell you now that Dade County
government would not approve that. And we would have to consider also some of the factors
that were brought here. Maybe there could be an alternate route that could be found later, but
certainly, there's not one now. At the same time, there's not too many joggers, or bicyclists, or
roller -skaters that are going through those streets at midnight, one in the morning, two in the
morning, four in the morning, and the few that want to shake their heads, maybe you might do it
once in a while, but, you know, hey, let's not kid ourselves. This is a major large City, and like
every other city in our country or in the world that's a major city, we have crime, no more, no
less than all the other major cities, but we have crime. And for those few that might once in a
while go out and jog or bicycle late at night, I don't think the inconvenience is that great,
because at that time of the night in that one small block that they... or long block, rather, that
would have to go, there is no traffic at that time of night, going to the side of those Vizcaya
Villas, where the sidewalk is at. So maybe the ultimate solution is to recommend to Dade
County on behalf of this Commission that the gate would be closed after sundown, opened at
sunrise... open at sunrise. And then if there is an. alternate route, that then they could consider it,
if there is an alternate route to look at in the future. That would be my position in recommending
to the County Commission.
Vice Mayor Regalado:. Mr. Mayor, I would insist that if there is an alternate safe route, the gate
should be closed. And I believe that if there is no... If we are told, and the County comes and
150 June 26, 1997
says to us that there is no safe alternate road, then we have to consider some closing hours or
some similar alternative. But I still think that there is the possibility of an alternate road, and I
am sure that the neighbors will be willing to pay for the cause. We have just authorized the
neighbors from Bay Height to pay for more police protection. We have authorized the neighbors
from Morningside to pay for more police protection and a boom gate, and I don't see why not.
That would cost, I'm told by Public Works Director, Jim Kay, that it could.., maybe five
thousand, six thousand dollars ($6,000) that would not be paid by the neighbors, and the rest of
the citizens of Miami will not have to take that responsibility of paying for something. I still... I
still think that the issue here is safety and a short cut. And that if we can find safety for the
bikers and the joggers, then we can give safety to the neighbors. And I am sorry if 1 don't have
the position that some of you... most of you would like. But I think this is the right thing to do.
And even if I'm criticized, I will still do the right thing to do.
Mayor Carollo: To my colleagues, I stated from the outset of this Commission meeting this
morning, and I stated it when it started on the five p.m. hearing that I had to leave by six -twenty.
I'm about 40 minutes late, and I do have to leave. I would like to bring this to a head and...
Commissioner Plummer: Bring it.
Commissioner Gort: Mr. Mayor...
Commissioner Hernandez: I'd like two minutes.
Commissioner Gort: Give me five minutes. I'll only be two minutes. I've had meetings where
we've had a lot more people than are today here on two... opposite sides. And we have asked
that both sides select a committee, put it together. This is going to have to go in front of the
County. Right now, let's look at the safety issue. There's safety issues on both sides. I hate to
see somebody get in an accident because we make them go on the outside. My understanding is
Dade County, which it takes a lot of signatures and a lot of studies to get a traffic light up, got a
traffic light up in there right away. My understanding also, Dade County allowed them to put a
gate that's going to take place... that's going to be placed there by Dade County. Dade County
owns a lot of property in the area. I think this committee... And it will be a while before that
gate will go up, before you can really be protected in there. My suggestion is I think they should
have a committee to work together with the County, themselves, and see if they can create an
alternate route, and if the neighbors are willing to pay for it, which I think they demonstrated
they're willing to do. I mean, let's face it. We're talking about the U.S., and this is a country of
compromise. And we get it together... excuse me.
Mayor Carollo: Ma'am, I apologize, but the public hearing section is closed.
Commissioner Gort: That's what I would like. That's what I would like to suggest.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Carollo: Sir, if you want to yell, the place is outside. We ran this meeting very
courteously. We've respected everybody's wishes as best as we could. We can't have people
screaming in trying to express themselves.
Commissioner Gort: Mr. Mayor, my suggestions is we've done that in the past, and it worked
out comfortably for both parties. I think they should do that once again.
Commissioner Plummer: You're saying have a committee to look at and see if there's viable....
Commissioner Gort: What I'm saying is they've got representatives that are very intelligent
individuals, and they've got engineers that can get together with homeowners, and both parties
151 June 26,1997
j.�
go see the Dade County government. Because let's face it, if they cannot be... have an alternate
road, we got to keep it open. If they provide it, then we got to close it.
Commissioner Plummer: The gate stays open till then?
Commissioner Gort: They got a permit from the County to put a gate up in the road, and I think
that will be a while before it gets done.
Mayor Carollo: Commissioner, frankly, I mean, Dade County is going to do whatever they want
to do. They're not going to listen to us, you know.
Commissioner Gort: Mayor, it's not us. It's...
Mayor Carollo: But I'm one that's not going to shy away from expressing my opinion.
Commissioner Gort: It's not us. It's them.
Mayor Carollo: If one group wants to meet with the other, you know, they certainly have that
right and that opportunity. Maybe there could be an area of compromise. But, you know, from
what I've heard here, I think it would be very difficult. All that we could do, if it's the will of
this Commission, is to give our recommendations to Dade County government. I've tried to
present a reasonable approach at it, but at the same time, if this Commission does not want to
present any recommendations, it doesn't have to, either.
Commissioner Plummer: Mr. Mayor, you know, let's bring this thing to a close. You know, as
far as I'm concerned, I think we can send this thing to the County without a recommendation,
because as you said, they don't give a damn about us, anyhow, whatever we do. They're going
to do what they want to do. I think the one thing that's got to be said is that to the people who
are very much vocal, and rightfully so, this Commission, I think, responded to the citizens of this
community, and as such, I have no regrets. If I had to do it back over again, we should have had
a public hearing. We didn't do it. We made a mistake, yeah, no question. But as far as I'm
concerned, we don't have the authority to say yes or to say no. I don't think we have to
recommend to -the County. I think we need to pass this matter over to the County, and the only
recommendation I would strongly make to the County, that if they did see fit to grant the closing
of the gate, that there be limited hours of closing. That's up to them, but that would be my
recommendation. Mr. Mayor, I'm ready to move, if you want to bring it to a closure. I'm not
trying to be the hog of making motions, but if that's what you want, I'm ready.
Mayor Carollo: Commissioner,
Commissioner Hernandez: Mr. Mayor, I haven't spoken yet, and I'll tell you the truth, I am not
going to take the high road on this matter. I think we were all elected to make decisions, and I
think we should make a recommendation to the County, whether they're going to listen to us or
not. I think it's important that we take a stand on this issue. There's a lot of people here today
that have spent a lot of time to voice their concerns. I will tell you... and I will only speak for
another minute. I was born and raised here. I'm very familiar with the park. I've played
basketball there, I've taken my kids there, I've ran cross country races through there. LaSalle
High School uses that area as part of their course. I don't know if they still do, but they used to,
at least 15 years ago. I have a serious concern about the safety concerns. Obviously, it's a lot
safer to run through there and ride bikes and rollerskate than through the... what we are speaking
of, an alternate route, as we... as it's been presented today. But at the same time, I have concerns
about the safety arguments, for the simple reason that I know that the same bikers and the same
runners that run through there run through Bay Heights. I lived in Bay Heights for
approximately 12 years. Bay Heights is going to be now closed. There will be public access.
152 June 26, 1997
They will be able to run through the neighborhood. There are no safety barriers in Bay Height,
especially when you cross Bayshore. There is no bike path, there is no runners path through Bay
Heights or again when you cross. I think convenience is a big factor here. And I'm seriously
concerned about, number one, how a certain individual has been targeted, has been
individualized. This issue has been individualized. When we spoke of the Bay Heights closure,
nobody came here. There was not a public outcry. There were no cameras here. And I have to
agree with something that Commissioner Regalado has said. I think the viable alternative here is
if we can find an alternate route, a safe alternate route - OK? - where the runners, the bicyclists
and the rollerskaters are not put in a condition where they are threatened by their life, that is the
true alternative. The homeowners' associations that are here, they approve of this. They are
going to pay for this alternate route, not the City of Miami taxpayers and not the County
taxpayers. I... It's not a popular vote. I'm willing to take a stand on it. He has made a motion.
I am willing to make a second to that motion. And it's up to the County to see if there is a viable
alternative route. And they will pay for that alternative route. And I don't see why they should
be against that, if there is safety, and that is their main concern.
Mayor Carollo: Commissioner, I agree with the statements that you've made. If the Vice Mayor
can repeat his motion so that you could second it.
Vice Mayor Regalado: My motion is that we would...
Mr. Joel Maxwell (Deputy City Attorney): Mr. Mayor? Excuse me. Mr. Mayor, I believe you
had Commissioner Plummer's motion on the floor.
Commissioner Plummer: No, I did not make a motion. I said I was ready to, if necessary.
Mr. Maxwell: OK.
Mayor Carollo: No, he did not make one. He did not make one.
Vice Mayor Regalado: I did make a motion. And the motion basically is that we will ask and
recommend the County to look for a safe alternate route for joggers and bicycles. And if they do
find that alternate route, then the County should close the gate permanently, at all times, and that
the neighbors will bear the cost of the alternate route so that it could be built. That is my motion.
Mayor Carollo: If we could add to that motion, Commissioner, that if they do not find a safe
alternate route...
Vice Mayor Regalado: Oh, no, absolutely, absolutely. Of course.
Mayor Carollo: ... that they would consider closing the gate when it becomes dark in the
evening, and open it when sun rises.
(UNINTELLIGIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Hernandez: Mr. Mayor, I think it's important and...
Commissioner Plummer: Where is it dark at five -thirty? Where do you live? Alaska?
Commissioner Hernandez: Mr. Mayor, I think it's important to add to the motion that if and
only if the viable alternative route exists that while they're under the construction phase of this,
that the gate remains open, so they still have access to a running path.
Mayor Carollo: That's correct, of course. All right. That's the motion. Do you accept the
amendment?
153 June 26, 1997
Commissioner Plummer: Well, Mr. Mayor...
Vice Mayor Regalado: Absolutely.
Mayor Carollo: Do you second that, Commissioner? There is a motion, there is a second, to
send to the County the recommendations so here stated.
Commissioner Plummer: Mr. Mayor, I've got to have better delineation on the time. If it's from
sunset to sunrise, I can't vote for the motion. If it would be... Please, please, please. If it would
be to be... what I consider to be reasonable would be like form midnight to six a.m. or midnight
to five a.m. I could live with that. But sun... Wait a minute, please. I'm not asking for
anything... for any help. Thank you. I'll do it myself. But if you're going to say sunrise to
sunset, then I have to be honest with you. I've got to vote against the motion.
Mayor Carollo: Well, make it seven -thirty to...
(NAYS FROM THE AUDIENCE)
Mayor Carollo: Well, all right. You know, if you want to change it, Commissioner, you can,
but, you know, my amendment stays.
Commissioner Plummer: Mr. Mayor, I respect your right to say what you want.
(UNINTELLIGIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Carollo: That's what I was basically saying, the same hours as the park.
Commissioner Plummer: I understand what you're saying, but, Mr. Mayor, it is used, and I can
tell you that I know that it is used after seven -thirty by legitimate people who get off of work
five -thirty or six o'clock and they do jog or they do, you know, whatever. But you've made your
motion, and I understand it, and you understand why I have to vote against it.
(APPLAUSE)
Mayor Carollo: You want it eight o'clock, same thing.
Commissioner Plummer: Call the roll.
Commissioner Gort: Make it eight o'clock.
Mayor Carollo: Eight o'clock would be fine, in the evening.
Commissioner Gort: I think there would be very few people running after eight o'clock.
Commissioner Plummer: Willy, excuse me. Excuse me, if I may? Willy, it doesn't get dark
now until eight -thirty. It's light until that time. OK? I'm just saying to you that I think that we
need to put up some significant symbol to the people that it's not going to be 24 hours a day.
That's all I'm saying. I can live with midnight to six a.m. or eleven to six a.m. But other than
that, then you've lost me. But, hey, I've made my points on the other side. I'm only negative on
that one particular point.
Mayor Carollo: Eight p.m. is fine with you?
154 June 26, 1997
k`
Vice Mayor Regalado: Eight p.m., fine with me. The...
Commissioner Plummer: Yes, of course, that...
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: Well, what was the... Excuse me. The public hearing is closed. I'm
sorry.
Mayor Carollo: Yeah. The morning would be sunrise.
Commissioner Plummer: What time is sunrise? At six -thirty?
Mayor Carollo: Approximately. Sometimes a little bit more.
Commissioner Plummer: What time in the night are we talking?
Vice Mayor Regalado: Mr. Mayor, is it sunrise to nine p.m.? That's the provision, but we're
talking about...
Mayor Carollo: That's fine.
( Commissioner Hernandez: Six -thirty to nine.
i
Vice Mayor Regalado: Six -thirty to nine p.m.
Mayor Carollo: All right.
Commissioner Hernandez: Six -thirty in the morning.
i
Mayor Carollo: That's fine.
Vice Mayor Regalado: Six -thirty in the morning to nine p.m.
Mayor Carollo: All right. Six -thirty to nine p.m. I call the question. Can you call the vote,
please?
155 June 26, 1997
")
The following motion was introduced by Vice Mayor Regalado, who moved its adoption:
MOTION NO.97-442
A MOTION CONCERNING THE BICYCLE/JOGGING PATH ON BRICKELL
AVENUE ADJACENT TO WAINWRIGHT PARK AND THE RICKENBACKER
CAUSEWAY, RECOMMENDING TO METRO-DADE COUNTY TO FIND A SAFE,
ALTERNATE ROUTE FOR JOGGERS AND BICYCLISTS IN ORDER THAT THE
SWING GATE AT THE NORTH END OF BRICKELL AVENUE NEXT TO THE
RICKENBACKER CAUSEWAY BE PERMANENTLY CLOSED; FURTHER
RECOMMENDING THAT THE AREA RESIDENTS PAY FOR THE COST OF
CONSTRUCTION FOR SAID NEW ALTERNATE BIKE AND JOGGER ROUTE;
FURTHER RECOMMENDING THAT IF A SAFER ALTERNATE ROUTE IS NOT
IDENTIFIED, THEN THE COUNTY SHOULD CONSIDER SECURELY CLOSING
SAID SWING GATE DAILY AT 9 P.M. AND REOPENING SAME AT 6:30 A.M.;
FURTHER RECOMMENDING THAT IF A SAFE ALTERNATE ROUTE IS FOUND,
TO KEEP THE GATE OPEN WHILE SAID ROUTE IS BEING COMPLETED.
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 CarolIo
NAYS: Commissioner J.L. Plummer, Jr.
ABSENT: None.
156 June 26, 1997
COMMENTS MADE DURING ROLL CALL:
Commissioner Gort: My understanding is that this gate will stay open until the alternative route
is found by the County, and if not, then we make the other recommendation. Yes.
COMMENTS MADE FOLLOWING ROLL CALL:
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 6:52 P.M.
JOE CAROLLO
MAYOR
ATTEST:
Walter Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
157
June 26, 1997