HomeMy WebLinkAboutCC 1997-07-24 MinutesCITY OF MIAM:
OF XM ING HELD ON .11 t i v 2 a 1997
PLANNING & ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
WALTER J. FOEMAN
CITY CLERK
0 4-
I ►107�:1
MINUTES OF PLANNING AND ZONING MEETING
July 24, 1997
ITEM SUBJECT
NO.
LEGISLATION PAGE
NO.
1. PROCLAMATIONS & PRESENTATIONS DISCUSSION
7/24/97
2. HECONSIDER WITHDRAWAL OF ITEM 40
M 97-494
FROM AGENDA -- INSTRUCT CITY
7/24/97
MANAGER TO BEGIN CONTRACT
NEGOTIATIONS WITH MAJOR LEAGUE
SOCCER, LLC -- FOR USE OF ORANGE
BOWL STADIUM AND FACILITIES -- FOR
SOCCER GAMES -- FURTHER INSTRUCTING
CITY MANAGER TO OBTAIN CITY
COMMISSION INPUT DURING
NEGOTIATIONS -- FURTHER REQUESTING
MANAGER TO RETURN TO COMMISSION
WITH FINAL RECOMMENDATION FOR
CONTRACT.
3. BRIEF DISCUSSION CONCERNING METRO-
DISCUSSION
DADE COUNTY COMMISSION'S DEFERRING
7/24/97
ACTION ON CITY'S PORTION OF
CONVENTION TAX FUNDS.
4. DESIGNATE DISTRICT NUMBERS FOR
R 97-495
BOUNDARIES OF FIVE COMMISSION
7/24/97
DISTRICTS: DISTRICT 1 AS ALLAPATTAH
DISTRICT -- DISTRICT 2 AS COASTAL
DISTRICT -- DISTRICT 3 AS ROADS / LITTLE
HAVANA DISTRICT -- DISTRICT 4 AS
FLAGAMI DISTRICT -- DISTRICT 5 AS
LIBERTY CITY DISTRICT.
5. CONSENT AGENDA.
DISCUSSION
7/24/97
5.1. ACCEPT BID: AERO PRODUCTS R 97-496
CORPORATION -- FOR DISPOSABLE HEAD 7/24/97
IMMOBILIZERS -- FOR FIRE -RESCUE --
ALLOCATE FUNDS, $9,625, ACCT
001000.280501.6. 714.
2
2-17
18-19
23-25
25-26
L-1
5.2. ACCEPT BID: PROFESSIONAL R 97-497
TRANSLATING SERVICES, INC -- FOR 7/24/97
TRANSLATING SERVICES -- FOR
INTERNATIONAL TRADE BOARD --
ALLOCATE FUNDS, $12,870, ACCT
110078.261005.6. 690.
5.3. ACCEPT BID: MAGNUM ENVIRONMENTAL R 97-498
SERVICES, INC. -- FOR WASTE OIL 7/24/97
REMOVAL SERVICES AT CITY FACILITIES --
ALLOCATE FUNDS, $40,000, ACCTS.
350506.340 & 350505.340 (PUBLIC
FACILITIES); 001000.280701.6.670 (FIRE -
RESCUE); 509000.420901.6.670 &
503001.291301.6.340 (GSA).
5.4. ACCEPT BID: ROUND TIRE SERVICES -- FOR R 97-499
SPECIALIZED FLAT TIRE AND REPAIR 7/24/97
SERVICES FOR POLICE -- ALLOCATE
FUNDS, $45,000, ACCT 503001.291301.6.340.
5.5. ACCEPT BID: H.WAY CORP FOR MIAMI R 97-500
POLICE RANGE RENOVATIONS PROJECT, B- 7/24/97
6268 -- ALLOCATE FUNDS, $11,240, FROM
CIP PROJECT 312015.
5.6. AUTHORIZE MANAGER TO EXECUTE
R 97-501
MUTUAL AID AGREEMENT WITH SCHOOL
7/24/97
BOARD -- FOR RENDERING OF MUTUAL
LAW ENFORCEMENT AID.
5.7. ACCEPT DONATION: KENNETH TREISTER
R 97-502
AND RICHARD SCHUSTER -- FOR
7/24/97
PROFESSIONAL SERVICES -- FOR PLAN
AND SCHEMATIC DESIGN DRAWINGS FOR
COMMUNITY CENTER AT VIRRICK PARK --
AUTHORIZE REIMBURSEMENT OF $2,000
FROM CIP PROJECT 331316.
6. RATIFY / APPROVE / CONFIRM /
R 97-503
EMERGENCY FINDINGS -- WAIVE
7/24/97
COMPETITIVE BIDS -- APPROVE
RENOVATIONS FOR THREE POOLS AT
HADLEY, RANGE AND VIRRICK PARKS BY
ALL FLORIDA POOL & SPA CENTER --
ALLOCATE FUNDS, $7,100 FROM CIP
PROJECT 331391 AND 331316.
26
26
27
27
28
F�:7
29-30
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7.
DISCUSS / DEFER CONSIDERATION OF
M 97-504
AGENDA ITEM 3 (PERSONAL APPEARANCE:
7/24/97
DAVID ALEXANDER TO REQUEST
RESTORATION OF FUNDS TO COCONUT
GROVE LOCAL DEVELOPMENT
CORPORATION) TO SCHEDULED MEETING
OF SEPTEMBER 9, 1997 -- FURTHER
INSTRUCTING CITY MANAGER TO FUND
ECONOMIC DEVELOPMENT
CORPORATIONS BASED ON
PERFORMANCE CRITERIA.
8.
(A) GRANT APPROVAL TO FUND LYRIC
M 97-505
VILLAGE HOUSING PROJECT IN
M 97-506
OVERTOWN -- FURTHER INSTRUCTING
7/24/97
CITY MANAGER TO USE HOME FUNDS
AND COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS FOR SAID
PROJECT.
(B) EXPRESS INTENT TO FUND LYRIC
VILLAGE HOUSINF PROJECT IN
OVERTOWN -- FURTHER INSTRUCTING
CITY MANAGER TO FORWARD SAID
INTENT TO METRO-DADE COUNTY
BOARD OF COUNTY COMMISSIONERS.
9.
DISCUSS / DEFER CONSIDERATION OF
M 97-507
AGENDA ITEM 5 (PERSONAL APPEARANCE:
7/24/97
GREGORY SIMPSON TO REQUEST PERMIT
FOR FARMER'S MARKET) TO SCHEDULED
MEETING OF SEPTEMBER 9, 1997.
10.
GRANT REQUEST BY BEAUTIFICATION
R 97-508
COMMITTEE FOR FINANCIAL SUPPORT --
7/24/97
ALLOCATE $2,500 -- FURTHER INSTRUCT
CITY MANAGER TO ASSIGN PART-TIME CITY
STAFFING IF AVAILABLE AND NEXT $10,000
IN ZONING APPLICATION DONATIONS.
11. PERSONAL APPEARANCE: GENA SCOTT- M 97-509
LOVELASS TO REQUEST CITY FACILITIES 7/24/97
TO HOUSE MIAMI MEGA CITY SPECIAL
OLYMPICS -- FURTHER DIRECTING CITY
MANAGER TO LOOK FOR INTERIM SPACE
INCLUDING RICO PEREZ'S OFFICE
BUILDING AT CORAL WAY AND 22 AVENUE.
30-36
36-45
45-46
46-53
53-57
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12.
DISCUSS / DEFER CONSIDERATION OF
M 97-510
57-60
AGENDA ITEM 8 (PERSONAL APPEARANCE:
7/24/97
JACK ARIAS TO REQUEST SALE OF CITY
PARCELS TO COMMUNITY INVESTMENT
CONSORTIUM FOR CONVEYANCE TO
HABITAT FOR HUMANITY OR NEW
CENTURY DEVELOPMENT CORPORATION
FOR SINGLE FAMILY HOMES
CONSTRUCTION IN MODEL CITY).
13.
PERSONAL APPEARANCE: MARGARET
M 97-511
60-62
PATERNEK -- GRANT REQUEST TO ASSIGN
7/24/97
PORTION OF HOUSING OPPORTUNITIES
FOR PERSONS WITH AIDS (HOPWA)
CONTRACT TO HOUSING SERVICES OF
SOUTH FLORIDA, INC.
14.
EMERGENCY ORDINANCE: AMEND
ORDINANCE
62-65
SECTION 2-653 OF CODE -- AMEND
11527
DEFINITION OF LOBBYIST.
7/24/97
15.
AMEND SECTION 1, SUBSECTIONS V & VI
ORDINANCE
65-67
OF ORDINANCE 11337 TO ESTABLISH NEW
11528
CAPITAL IMPROVEMENT PROJECTS:
7/24/97
MIAMARINA DOCKMASTER'S OFFICE
RENOVATIONS (APPROPRIATE FUNDS,
$180,000 FROM CIP 413403) AND WATSON
ISLAND AVIATION AND VISITORS CENTER
(APPROPRIATE FUNDS $715,500 FROM CIP
3441010) .
16.
AUTHORIZE RENOVATIONS TO MIAMARINA
R 97-512
67-68
DOCKMASTER'S FACILITIES -- ACQUIRE /
7/24/97
INSTALL FLOATING DOCKS AT
MIAMARINA -- ALLOCATE FUNDS NOT TO
EXCEED $180,000 FROM CIP No. 413403.
17.
EMERGENCY ORDINANCE: AMEND
ORDINANCE
68-69
ORDINANCE 10021 -- INCREASE
11529
APPROPRIATIONS FOR LAW
7/24/97
ENFORCEMENT TRUST FUND BY $430,708.
18.
EMERGENCY ORDINANCE: AMEND
ORDINANCE
70-72
SECTION 2-32 OF CODE: TIME AND PLACE
11530
OF MEETING -- CHANGE REGULAR
7/24/97
MEETING DAYS OF CITY COMMISSION TO
SECOND AND FOURTH TUESDAYS OF EACH
MONTH.
19.
SECOND READING ORDINANCE: AMEND
ORDINANCE
72-73
CHAPTER 22 OF CODE -- CREATE NEW
11531
ARTICLE V ENTITLED: DONATION
7/24/97
COLLECTION BINS.
20.
SECOND READING ORDINANCE: AMEND
ORDINANCE 73-76
CHAPTER 2, ARTICLE II, SECTION 2-33 OF
11532
CODE ENTITLED: ORDER OF BUSINESS
7/24/97
AND RULES AND PROCEDURES -- ADD
NEW PARAGRAPH (C)(4) WHICH
ADDRESSES POCKET ITEMS / MAXIMUM
ITEMS PLACED ON AGENDA / ENDS
MEETINGS AT 12 NOON AND AT 9:00 P.M. /
RE -SCHEDULING OF CONSENT AGENDA
ITEMS REMOVED FROM AGENDA.
21.
SECOND READING ORDINANCE: AMEND
ORDINANCE 76-77
SECTIONS II AND VI OF CAPITAL
11533
IMPROVEMENT ORDINANCE 11337 --
7/24/97
ESTABLISH NEW CAPITAL IMPROVEMENT
PROJECTS TO BEGIN DURING FY 1996-
1997 -- FUND SAID PROJECTS WITH 23
YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS.
22.
SECOND READING ORDINANCE: ESTABLISH
ORDINANCE 77-78
SPECIAL REVENUE FUND: DADE COUNTY
11534
EMS GRANT AWARD (FY96-97) --
7/24/97
APPROPRIATE FUNDS $444,098: $148,989
GRANT APPORTIONED BY METRO-DADE
COUNTY AND $295,109 IN CARRY-OVER
FUND BALANCE FROM PREVIOUS EMS
GRANT AWARDS.
23.
DISCUSS / DEFER CONSIDERATION OF
DISCUSSION 78-79
PROPOSED FIRST READING ORDINANCE
7/24/97
TO AMEND SECTION II OF ORDINANCE
11337, CAPITAL IMPROVEMENTS --
ESTABLISHING EMERGENCY OPERATION
CENTER PROJECT -- SEE LABEL 25.
24.
DISCUSS / DEFER CONSIDERATION OF
M 97-513 79-80
AGENDA ITEM 20 (APPROVE UTILITY
7/24/97
AUDITING SERVICES FROM TELECOM
SERVICES LIMITED) AND AGENDA ITEM 21
(APPROVE FURNISHING OF
TELECOMMUNICATIONS AUDITING
SERVICES FROM TELECOM SERVICES
LIMITED) TO SCHEDULED MEETING OF
SEPTEMBER 9, 1997.
25.
CONTINUED / APPROVE PROPOSED FIRST
ORDINANCE 80-81
READING ORDINANCE TO AMEND SECTION
11535
II OF ORDINANCE 11337 -- ESTABLISH NEW
7/24/97
CAPITAL IMPROVEMENT PROJECT 313238
ENTITLE EMERGENCY OPERATION CENTER
FOR FIRE -RESCUE -- APPROPRIATE
$500,000.
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26.
PROPOSED FIRST READING ORDINANCE:
ORDINANCE
REPEAL ARTICLE VII OF CHAPTER 54 OF
FIRST
CODE REGULATING PLACEMENT OF NEWS
READING
RACKS ON PUBLIC RIGHT-OF-WAY --
7/24/97
SUBSTITUTE NEW ARTICLE VII IMPOSING
SAFETY / AESTHETIC RESTRICTIONS AND
OTHER PROVISIONS.
27.
RATIFY / APPROVE / CONFIRM / CITY
R 97-514
MANAGER'S ENGAGEMENT OF POST,
7/24/97
BUCKLEY, SCHUH & JERNIGAN, INC, -- FOR
PROFESSIONAL SERVICES TO ASSIST IN
PREPARING DISSEMINATION AND
NEGOTIATION OF REQUEST FOR
PROPOSAL FOR SANITATION SERVICES --
ALLOCATE FUNDS, $24,760, FROM SOLID
WASTE DEPARTMENT BUDGET.
28.
DISCUSS / DEFER CONSIDERATION OF
M 97-515
AGENDA ITEM 23 (AUTHORIZE ISSUANCE
7/24/97
OF REQUEST FOR PROPOSALS -- FOR
PURPOSE OF SEEKING QUALIFIED FIRMS
TO PROVIDE GARBAGE AND TRASH
COLLECTION SERVICES) TO SCHEDULED
MEETING OF SEPTEMBER 9, 1997.
29.
(A) DISCUSS / DEFER CONSIDERATION OF
M 97-516
AGENDA ITEM 24 TO SCHEDULED MEETING
M 97-517
OF SEPTEMBER 9, 1997 (AMEND SECTION 2
7/24/97
OF RESOLUTION 97-407, RESTORING 10%
FUNDING TO ECONOMIC DEVELOPMENT
COMMUNITY BASED ORGANIZATIONS) --
FURTHER IDENTIFY CONTINGENCY FUNDS
FOR ECONOMIC DEVELOPMENT SERVICES
IN MODEL CITY AND WYNWOOD.
(B) DIRECT ADMINISTRATION TO STUDY /
RECOMMEND METHOD TO FUND
ECONOMIC DEVELOPMENT COMMUNITY
BASED ORGANIZATIONS BASED ON
PERFORMANCE.
30.
APPROVE FUNDING FOR SERVICE
R 97-518
PROVIDERS -- FOR PROVISION OF
7/24/97
HOUSING ASSISTANCE AND RELATED
SERVICES TO LOW INCOME PERSONS WITH
HIV/AIDS.
81-82
83-86
86-87
88-97
97-99
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31. APPROVE / IMPLEMENT CITY'S POLICE
R 97-519
HOME OWNERSHIP PROGRAM -- FOR
7/24/97
PURPOSE OF PROVIDING FINANCIAL
ASSISTANCE TO SWORN POLICE OFFICERS
WISHING TO PURCHASE AND RESIDE IN A
HOME IN THE CITY OF MIAMI -- ALLOCATE
$100,000 FROM COMMUNITY
DEVELOPMENT BLOCK GRANT MULTI-
FAMILY REHABILITATION LOAN PROGRAM,
ACCT. 045720-799201.
32. DISCUSS / DEFER CONSIDERATION OF M 97-520
AGENDA ITEM 27 (AUTHORIZE TRANSFER 7/24/97
AND ALLOCATION OF FUNDS FROM ST.
HUGH OAKS CONDO PROJECT TO
NEIGHBORHOOD JOBS PROGRAM -- FOR
YOUTH CONSTRUCTION PROGRAM).
33.
CONTINUED / PROCLAMATIONS -- WASTE
DISCUSSION
INTEREX WEEK, NOVEMBER 11-13,
7/24/97
INTERNATIONAL TRADE SHOW.
34.
ACCEPT BID: COPYCO, INC. -- FOR
R 97-521
CITYWIDE COPIER SERVICES -- FOR
7/24/97
GENERAL SERVICES ADMINISTRATION
DEPARTMENT -- ALLOCATE FUNDS,
$260,000 -NOT TO EXCEED.
35.
ACCEPT BID: WILLIAMSON CADILLAC CO. --
R 97-522
FOR LEASING OF VEHICLES FOR CITY
7/24/97
OFFICIALS -- ALLOCATE FUNDS, $35,213.64
FROM ACCT. 001000.921002.6.840.
36.
ACCEPT BID: DATA STORAGE CENTERS --
R 97-523
FOR COMMERCIAL RECORDS
7/24/97
MANAGEMENT AND STORAGE FACILITY --
FOR CITY DEPARTMENTS -- ALLOCATE
FUNDS, $10,677 FROM ACCT. 921002-340.
37.
ACCEPT PROPOSAL OF COLUMBIA /
R 97-524
CEDARS MEDICAL CENTER -- FOR DRUG
7/24/97
SCREENING SERVICES -- FOR HUMAN
RESOURCES DEPARTMENT -- ALLOCATE
FUNDS, $14,384, ACCT. 270101-260.
38.
AUTHORIZE SETTLEMENT: DAVID VAN
R 97-525
BUREN -- ALLOCATE FUNDS $1,434 PLUS
7/24/97
$109 IN COSTS FROM SELF-INSURANCE
TRUST FUND CODE 620103-652.
39.
AUTHORIZE SETTLEMENT: WILLIE GEORGE
R 97-526
ROSS -- ALLOCATE FUNDS, $16,000 PLUS
7/24/97
$2,609.83 IN COSTS FROM SELF
INSURANCE TRUST FUNDS CODE 620103-
652.
i[fill [sic]
103-104
104
105-108
108-109
109-110
110-111
113-114
40. AUTHORIZE DOWNTOWN DEVELOPMENT R 97-527
AUTHORITY TO ESTABLISH ONE-HALF MILL 7/24/97
MILLAGE RATE -- FOR DOWNTOWN
DEVELOPMENT DISTRICT.
41. EXTEND CONTRACTS BETWEEN CITY AND R 97-528
PITMAN PHOTO AND MARDEL 7/24/97
ENTERPRISES, INC. -- FOR PHOTOGRAPHIC
SUPPLIES -- FOR VARIOUS CITY
DEPARTMENTS -- ALLOCATE FUNDS,
$128,075.
42. APPROVE FURNISHING OF OFFICE VIRGIN R 97-529
AND RECYCLED PAPER FROM NCR 7/24/97
CORPORATION / FRC OFFICE PRODUCTS /
MAC PAPERS, INC. / ZELLERBACH -- FOR
PAPER FOR VARIOUS DEPARTMENTS --
ALLOCATE FUNDS, $200,000 AND CHARGE
BACK TO USERS.
43. APPROVE REJECTION OF PROTEST FROM R 97-530
S & C CONSTRUCTION IN CONNECTION 7/24/97
WITH BID 96-97-091, PROJECT B-5590,
WATSON ISLAND SANITARY SEWERS.
44. ACCEPT BID: RIC-MAN INTERNATIONAL, R 97-531
INC. -- FOR WATSON ISLAND SANITARY 7/24/97
SEWERS PROJECT, B-5590 -- ALLOCATE
FUNDS, $2,893,145 FROM PROJECT 351283.
45. APPROVE SELECTION OF GLOBE R 97-532
FACILITIES SERVICES TO PROVIDE 7/24/97
PROFESSIONAL SERVICES FOR
MANAGEMENT / OPERATION /
MAINTENANCE OF MIAMI CONVENTION
CENTER -- FURTHER DIRECT MANAGER TO
PRESENT NEGOTIATED CONTRACT TO
COMMISSION FOR APPROVAL.
46. RATIFY / APPROVE / CONFIRM CITY R 97-533
MANAGER'S EMERGENCY FINDING -- WAIVE 7/24/97
COMPETITIVE BIDS -- AWARD CONCESSION
AGREEMENT TO CATERING BY DAVID
LYNN, INC AT ORANGE BOWL STADIUM.
47. AUTHORIZE RENOVATIONS OR REPAIRS TO R 97-534
5TH LEVEL EMERGENCY EXIT STAIRS AT 7/24/97
ORANGE BOWL STADIUM.
48. WAIVE COMPETITIVE BIDDING -- R 97-535
AUTHORIZE CITY MANAGER TO EXECUTE 7/24/97
LEASE AGREEMENT WITH MIAMI YACHT
CLUB WITH CONDITIONS.
114-115
115-117
117-118
118-129
129-130
130-133
133-134
134-135
135-141
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49.
DESIGNATE BROWNFIELDS
R 97-536
141-143
REDEVELOPMENT PROJECT CATEGORY
7/24/97
"B" -- AUTHORIZE PROFESSIONAL
ENVIRONMENTAL ENGINEERING AND
CONSULTING SERVICES -- APPOINT
CERTIFICATION CERTIFICATION
COMMITTEE -- APPOINT JACK LUFT
CHAIRMAN OF SELECTION COMMITTEE --
FURTHER DIRECT ADMINISTRATION TO
INCLUDE PRIVATE SECTOR IN
CERTIFICATION AND SELECTION
COMMITTEES.
50.
AUTHORIZE CITY MANAGER TO EXECUTE
R 97-537
143-144
NEGOTIATED AGREEMENT WITH SPILLIS,
7/24/97
CANDELA & PARTNERS -- FOR
PROFESSIONAL AVIATION PLANNING AND
ARCHITECTURAL SERVICES FOR WATSON
ISLAND AVIATION & VISITORS CENTER
PROJECT -- ALLOCATE FUNDS, $715,500
FROM CIP WATSON ISLAND AVIATION &
VISITORS CENTER FACILITY PROJECT
344101.
51.
ACCEPT LOWEST BID FOR TOWER
R 97-538
144-145
THEATER REHABILITATION, B-3253
7/24/97
PROJECT -- ALLOCATE FUNDS, $2,215,000
FROM CIP No. 322061.
52.
INCREASE CONTRACT WITH MCO
R 97-539
146-147
ENVIRONMENTAL INC. PURSUANT TO BID
7/24/97
95-96-019 -- FOR ASBESTOS ABATEMENT
SERVICES AT VIRRICK GYM -- ALLOCATE
FUNDS, $30,000 FROM CIP PROJECT 332216.
53.
ACCEPT BID: JESSLA CONSTRUCTION
R 97-540
147-151
CORPORATION -- FOR VIRRICK GYM /
7/24/97
COAST GUARD HANGAR RESTORATION
PHASE I, H-1013 -- ALLOCATE FUNDS,
$1,055,789 FROM CIP N0.332216.
54.
ACCEPT BID: FLORIDA LEMARK
R 97-541
151-152
CORPORATION -- FOR MANUEL ARTIME
7/24/97
COMMUNITY DEVELOPMENT -
WATERPROOFING PROJECT B-6265-B --
ALLOCATE FUNDS, $33,900 FROM CIP No.
322060.
55.
ACCEPT BID: SOUTH FLORIDA UTILITIES
R 97-542
152-153
INC. -- FOR ORANGE BOWL PUMP STATION
7/24/97
RENOVATION PHASE II, B-5594 -- ALLOCATE
FUNDS, $111,157, FROM CIP No. 352179.
56.
ACCEPT CITY CLERK'S REPORT ON CITY
M 97-543
153-154
RECORDS MANAGEMENT PROJECT.
7/24/97
0 0
57. DISCUSS MONTHLY REPORT ON STATUS DISCUSSION 154-156
OF CABLE TELEVISION FRANCHISE. 7/24/97
58. ACCEPT DISSOLUTION OF CITY PLAN TO BE R 97-544 156-157
PRESENTED TO PUBLIC AUGUST 4, 1997. 7/24/97
59. DISCUSSION CONCERNING 911 RESCUE DISCUSSION 158-159
MIAMI PROJECT. 7/24/97
60. DISCUSSION REGARDING WAYS TO DISCUSSION 160-161
FACILITATE RETROACTIVE BILLING FOR 7/24/97
SOLID WASTE SERVICES.
61. DIRECT ADMINISTRATION TO ADVERTISE DISCUSSION 161-164
PUBLIC HEARING FOR SEPTEMBER 9, 1997 7/24/97
REGARDING PROHIBITION OF VEHICULAR
TRAFFIC ON ROYAL ROAD.
62. ACCEPT NEW PROPOSAL PROFFERED BY M 97-545 164-166
JOSE DEARING ON BEHALF OF IDEAL 7/24/97
REHAB, INC. AND LIBERTY CITY
IMPROVEMENT CORPORATION IN
CONNECTION WITH SUBORDINATION
AGREEMENT BETWEEN THE CITY, MIAMI
CAPITAL DEVELOPMENT CORPORATION
(MCDC) AND OCEAN BANK FOR
REFINANCING OF CERTAIN MULTI -FAMILY
REHAB PROJECTS. APPROVE
ASSIGNMENT OF MORTGAGE BY SENTRA
PROPERTIES AS ADDITIONAL COLLATERAL
TO THE CITY IN SAID REFINANCING
PROPOSAL.
63. RATIFY / APPROVE / CONFIRM / CITY R 97-546 166-167
MANAGER'S EMERGENCY FINDING -- WAIVE 7/24/97
COMPETITIVE BIDS -- APPROVE PURCHASE
OF DUMPSTER CONTAINERS FROM STATE
OF FLORIDA CONTRACT 97-0523213, FROM
HESCO SALES -- ALLOCATE FUNDS, $20,000
FROM SOLID WASTE ACCT.
422001.420301.5. 850.
64. RE -NAME BRIDGE CONNECTING MAINLAND R 97-547 167-168
WITH BRICKELL KEY BRICKELL KEY 7/24/97
BRIDGE.
65. AUTHORIZE DOWNTOWN DEVELOPMENT R 97-548 168-170
AUTHORITY TO PREPARE AND SUBMIT 7/24/97
APPLICATION TO PARTICIPATE IN FLORIDA
MAIN STREET PROGRAM.
66. BRIEF COMMENTS CONCERNING DISCUSSION 170
COMMITMENT MADE TO PARTICIPATE IN 7/24/97
DOWNTOWN FLAGLER MARKETPLACE
PROJECT.
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67.
BRIEF DISCUSSION CONCERNING STATUS
DISCUSSION
171
OF MANOHAR SURANA'S PENSION CLAIM.
7/24/97
68.
(A) ACCEPT $422,575 GRANT FROM SOUTH
ORDINANCE
171-173
FLORIDA EMPLOYMENT AND TRAINING
11536
CONSORTIUM.
7/24/97
(B) BRIEF COMMENTS REGARDING
BRICKELL KEY BRIDGE -- SEE LABEL 64.
69.
AUTHORIZE CITY MANAGER TO EXECUTE
R 97-549
173-174
AGREEMENT BETWEEN CITY AND METRO-
7/24/97
DADE COUNTY -- FOR EXTENSION OF
WATER FACILITIES ON WATSON ISLAND TO
PROVIDE ADEQUATE FIRE PROTECTION.
70.
AUTHORIZE CITY MANAGER TO EXECUTE
R 97-550
174-176
PROFESSIONAL SERVICE AGREEMENT
7/24/97
WITH LEGAL SERVICES OF GREATER
MIAMI, INC -- FOR LEGAL ASSISTANCE FOR
VICTIMS OF DOMESTIC VIOLENCE --
ALLOCATE FUNDS, $15,000 FROM POLICE
DOMESTIC VIOLENCE INTERVENTION
GRANT.
71.
CONTINUE CONSIDERATION OF AGENDA
M 97-551
176-178
ITEM PZ-5 (APPEAL OF ZONING BOARD
7/24/97
DECISION DENYING VARIANCE TO PERMIT
REAR YARD SETBACK OF 5'-8" FOR
EXISTING MULTIFAMILY STRUCTURE AT
1273 N.W. 24 STREET) TO COMMISSION
MEETING SCHEDULE FOR SEPTEMBER 23,
1997.
72. DISCUSS / CONTINUE CONSIDERATION OF M 97-552
AGENDA ITEM PZ-1 (PROPOSED VACATION 7/24/97
AND CLOSURE OF N.W. 8 AVENUE
BETWEEN 16 AND 17 STREET) TO
COMMISSION MEETING OF SEPTEMBER 23,
1997.
73. GRANT WITH MODIFICATIONS REQUEST TO R 97-553
RELEASE UNITY OF TITLE TO RELEASE 7/24/97
LOTS 7,8 AND 9, LESS THE NORTH 10', LESS
WEST 10' OF LOT 9, AND LOT 10 LESS WEST
10', BLOCK 94S, MIAMI HEIGHTS, PLAT
BOOK 5, PAGE 29; AND LOTS 5 AND 6, LESS
NORTH 10', BLOCK 94, CITY SOUTH PLAT
BOOK 5, PAGE 41 OF PUBLIC RECORDS OF
DADE COUNTY, FLORIDA -- LOCATION:
CORNER OF CORAL WAY AND S.W. 2
AVENUE.
178-181
181-183
74.
(A) APPROVE AMENDMENT TO APPROVED
R 97-554
183-189
BRICKELL SQUARE DEVELOPMENT ORDER
7/24/97
FOR PHASES II AND III -- FOR RESIDENTIAL
AND HOTEL USES -- LOCATION: 845-999
BRICKELL AVENUE (BRICKELL SQUARE) --
APPLICANT: EQUITABLE LIFE ASSURANCE
SOCIETY.
(B) BRIEF DISCUSSION REGARDING
PORTABLE STRUCTURES ALLOWED BY
SCHOOLBOARD.
75.
APPROVE SPECIAL EXCEPTION TO PERMIT
R 97-555
189-192
COMMUNITY BASED RESIDENTIAL FACILITY
7/24/97
(ACLF) FOR 50 RESIDENTS, ZONED R-3
MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL -- LOCATION: 2333 N.W. 22
AVENUE -- APPLICANT: NORTHWESTERN
ENTERPRISES, INC.
76.
PROPOSED FIRST READING ORDINANCE:
ORDINANCE
192-193
AMEND ORDINANCE 10544 FROM DUPLEX
FIRST
RESIDENTIAL TO RESTRICTED
READING
COMMERCIAL -- CHANGE FUTURE LAND
7/24/97
USE ELEMENT OF COMPREHENSIVE
NEIGHBORHOOD PLAN -- LOCATION: 2600
AND 2602 N.W. 3 STREET -- APPLICANT:
ISLAS CANARIAS RESTAURANT.
77.
PROPOSED FIRST READING ORDINANCE:
ORDINANCE
194
AMEND ZONING ORDINANCE, ARTICLE 4,
FIRST
SECTION 401, FROM R-2 TWO-FAMILY
READING
RESIDENTIAL TO C-1 RESTRICTED
7/24/97
COMMERCIAL -- LOCATION: 2600 AND 2602
N.W. 3 STREET -- APPLICANT: ISLAS
CANARIAS RESTAURANT.
78.
PROPOSED FIRST READING ORDINANCE:
ORDINANCE
195-196
AMEND ORDINANCE 10544 FROM OFFICE
FIRST
TO RESTRICTED COMMERCIAL -- CHANGE
READING
FUTURE LAND USE ELEMENT OF
7/24/97
COMPREHENSIVE NEIGHBORHOOD PLAN --
LOCATION: 1200 & 1250 S.W. 27 AVENUE &
2728 S.W. 12 STREET -- APPLICANT:
OMNISPHERE CORP & FRANCISCO VALDES.
79.
PROPOSED FIRST READING ORDINANCE:
ORDINANCE
196-197
AMEND ORDINANCE 11000 FROM O-OFFICE
FIRST
TO C-1 RESTRICTED COMMERCIAL --
READING
CHANGE ZONING ATLAS -- LOCATION: 1200
7/24/97
& 1250 S.W. 27 AVENUE & 2728 S.W. 12
STREET -- APPLICANT: OMNISPHERE CORP
& FRANCISCO VALDES.
•
•
80. DENY APPEAL OF ZONING BOARD
DECISION WHICH DENIED VARIANCE
LISTED IN ORDINANCE 11000, ZONED R-1
SINGLE FAMILY RESIDENTIAL -- TO PERMIT
ADDITION WITH REAR YARD SETBACK FOR
SINGLE FAMILY RESIDENCE -- LOCATION:
1772 S.W.10 STREET -- APPLICANT:
GUDELIA GONZALEZ.
81. DENY APPEAL OF ZONING BOARD
DECISION WHICH DENIED VARIANCE TO
PERMIT STRUCTURES WITH SETBACKS IN
SINGLE FAMILY RESIDENCE, ZONED R-1
SINGLE FAMILY RESIDENTIAL -- LOCATION:
2225 S.W. 19 STREET -- APPLICANT:
GLADYS MANZO, ROGELIO MANZO & EVA B.
ACOSTA.
R 97-556
7/24/97
R 97-557
7/24/97
197-201
202-205
•
•
MINUTES OF THE PLANNING AND ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 24th day of July, 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 9:25 a.m. by Mayor Joe Carollo with the following
members of the Commission found to be present:
ALSO PRESENT:
Mayor Joe Carollo
Vice Mayor Tomas Regalado
Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Edward Marquez, City Manager
A, Quinn Jones, III, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
An invocation was delivered by Mayor Carollo who then led those present in a pledge of
allegiance to the flag.
NOTE FOR THE RECORD: Prior to the beginning of the meeting,
Administration had withdrawn the following agenda items: CA-6,
40.
NOTE FOR THE RECORD: Mayor Carollo announces he must
leave the Commission meeting at 6 p.m., and there is a possibility
that the Mayor may have to leave for a half hour to 45 minutes at
some point during the Commission meeting. Commissioner
Plummer announces he must leave the Commission meeting at 6
p.m.
July 24, 1997
-- -------------------------------------------------------------------------------------------------------------
1. PROCLAMATIONS & PRESENTATIONS
----------------------------------------------------------------------------------------------------------------
(A) JOSE PEDRO GREER DAY: 1997 PRESIDENTIAL SERVICE AWARD
RECIPIENT.
(B) POLICE LT. BILL SCHWARTZ: PUBLIC INFORMATION OFFICER OF THE
YEAR 1997.
----------------------------------------------------------------------------------------------------------------
2. RECONSIDER WITHDRAWAL OF ITEM 40 FROM AGENDA -- INSTRUCT
CITY MANAGER TO BEGIN CONTRACT NEGOTIATIONS WITH MAJOR
LEAGUE SOCCER, LLC -- FOR USE OF ORANGE BOWL STADIUM AND
FACILITIES -- FOR SOCCER GAMES -- FURTHER INSTRUCTING CITY
MANAGER TO OBTAIN CITY COMMISSION INPUT DURING
NEGOTIATIONS -- FURTHER REQUESTING MANAGER TO RETURN TO
COMMISSION WITH FINAL RECOMMENDATION FOR CONTRACT.
Commissioner Plummer: Mr. Mayor, if I may? If I may, Mr. Mayor?
Mayor Carollo: Yes, go ahead.
Commissioner Plummer: The Manager pulled the item in reference to Major League Soccer.
And, I have discussed the item with him and I don't want to go into it in depth at all.
Mayor Carollo: And, we should not, Commissioner.
Commissioner Plummer: He said that he could be very, very comfortable with first a motion of
this Commission asking him to sit down and try to come about a final negotiation sometime over
the summer. I am sorry, during the next month. And, as far as I am concerned, that could be
tried or not tried and whether a motion is in order or not, I met with the people this morning and
they are of a time frame and I think that a motion to instruct the City Manager to sit down and
try to come about with a final negotiation is in order. I don't see anything wrong. If he can't do
it, he can't do it. And, we take it from there, so...
Mayor Carollo: Very good, Commissioner.
Vice Mayor Regalado: Second.
Mayor Carollo: I will be happy to entertain that resolution as long as it is included in that
resolution that it would be for the ten year contract that we had been discussing and had been
guaranteed from since a year back.
Commissioner Plummer: Mr. Mayor, anything can be entered into in the spirit of negotiation.
And, that's your feelings and I respect that. I have not had really any exposure to this... any of
the negotiations...
Mayor Carollo: Yeah.
2 July 24, 1997
Commissioner Plummer: ... and I might agree with you or disagree with you. But, I want to
leave the prerogative and the parameters...
Mayor Carollo: The reason I am saying that Commissioner, is that what we cannot let happen in
any negotiations, with any sports, minor league, major league, is to ever again but this
community in a situation where we negotiate a lease for just a few years and then we see what
happened with the Florida Panthers.
Commissioner Plummer: Absolutely.
Mayor Carollo: They are out to Broward or Palm Beach.
Commissioner Plummer: Mr. Mayor, I have no problem with that. I now offer a motion that in
fact we send to the Manager a request to sit and to negotiate a final contract keeping as I would
hope he would do, is get the thoughts of each and everyone of the Commissioners. You have
expressed yours, and try to come about a final negotiated contract. I so move.
Vice Mayor Regalado: Second.
Mayor Carollo: Discussion.
Commissioner Gort: Under discussion, the motion, Mr. Mayor. I understand your feeling and I
have gone through the same thing with them. We went to the football team, basketball team, the
whole thing. And, I think this way, you can draw the contracts that if the team is successful,
they can stay.
Mayor Carollo: Yeah, we have done that, Commissioner.
Commissioner Gort: And, I think that's what we need to look into.
Commissioner Plummer: Yeah.
Mayor Carollo: But, what we cannot do is get into a situation that people think that after a
contract had been basically agreed upon that now they can come back and bring lobbyists and
get a sweetheart deal from this Commission, simple as that. And, I am laying the cards right on
the table.
Commissioner Plummer: Absolutely.
Mayor Carollo: Let...
Commissioner Plummer: But, I think each Commissioner should do the same. And, they can do
that in the form of a memo to the Manager or they can do it right now if on the table they want to
do it. But, I think that we shouldn't let the time go by and it could be said that we lost it because
of timing.
Commissioner Hernandez: Well...
Commissioner Plummer: So, if they can get a contract, fine. If they can't, at least we can say
we tried.
Mayor Carollo: Commissioner, let me say this to you.
Commissioner Plummer: Sure.
3 July 24, 1997
Mayor Carollo: And, I will lay it right on the table. They have no other place to go to. If they
want to play in Lockhart Stadium and that's the threat that I heard. The Commissioner of Major
League Soccer said "absolutely not." That was in the paper. That's no secret.
Commissioner Hernandez: Mr. Mayor.
Mayor Carollo: So, what we have is a situation that after a contract was basically negotiated,
they want to renegotiate it again because some people might think we are over the barrel because
the Heat situation hasn't been resolved and that this City, this Commission, individuals running
for office, would not be able to stand the pressure of not finalizing right now negotiations for a
second team.
Commissioner Plummer: OK, well, just make it fully clear. I am not in any way saying to the
Manager, you got to negotiate. I am saying, try.
Mayor Carollo: I understand what you are saying to the Manager.
Commissioner Plummer: Yeah, try.
Mayor Carollo: But, I am laying the cards right on the table.
Commissioner Plummer: Sure.
Mayor Carollo: Being very open about it.
Commissioner Plummer: I have no problem.
Vice Mayor Regalado: Mr. Mayor, I think that we said at the beginning that this was going to be
a simple and not a complicated thing. But, I guess, that every member of this Commission is
expressing...
Commissioner Plummer: Don't pass it out.
Vice Mayor Regalado: ... the views that each of us have. And, I think that there is a will in this
Commission to have a contract finalized and there is also a will that we need to have this team in
Miami, in the Orange Bowl, that there is no question about it. Within that parameter, I hope that
the Manager will be able to go ahead and draft a contract and we can announce to the residents
of Miami that we will have a soccer team. I think that the only thing that we are asking and we
are willing to, that's my understanding, talking every issue, is the guarantee that if the team is in
South Florida, it would be in the Orange Bowl. That... Mister...
Mayor Carollo: OK, now you hit the nail on the head, Commissioner. And, this is exactly
where I am heading to. I am one that I am extremely amicable to be extremely flexible in giving
better terms, like in fact were given. But, they have to give us a non -compete clause, a guarantee
that after they play here three years, and we give them all the breaks and they use our Orange
Bowl to establish a team, that on the fourth, fifth year, they are not heading across the boarder.
And, I have seen too many things happen already with other teams that tell me that if we don't
do that, gentlemen, we are going to be facing the same music down the road. And, if we don't
face that same music, then they are going to say to us well, listen, if you don't give us even a
bigger break, then we won't resign the contract with you for future years. And, then we will be
in a situation that's worst than now. Now is the time that we are in a strong position to negotiate.
They know that. We are in a strong position to negotiate, that's why the full core press has been
launched. And, frankly, I am not concerned that they are going to take the team anywhere else.
4 July 24, 1997
See, they have a franchise. Major League Soccer, the Commissioner is Doug Logan. They
make final decisions. They just can't pick up and move and go from here.
Vice Mayor Regalado: Mr. Mayor, if I may? It seems that we all agree that the team should be
here, that the team should play in the Orange Bowl. But, we have to understand that this is an
experiment and we need to give them some possibilities. My only problem, and I think that... I
spoke to Mr. Horowitz and he was very kind to explain to me. My only problem is that he plays
here in Miami. Whether, if he fails, he close his team and leave town for good, well, that would
be his problem. But, I don't know if he is committed to play in the Orange Bowl for one year,
for half a year, for 90 days, three years, five years. That's the only thing that I think it's
important because we have to understand that if he fails, it's his money, not our money. And, if
he fails, he just have to go somewhere. So, that would be my only concern.
Commissioner Plummer: Well, let me...
Mayor Carollo: Well, Commissioner, I tend to agree with the statement that you have made that
a guarantee that they cannot take the team anywhere else in South Florida, is one of the
parameters that we have to look at. As far as some of the other areas, you know, this contract is
basically been completely negotiated. The other areas, the City has been very flexible in. But,
we have insisted is a guarantee that, you know, if we have bent backwards so much and given
them additional financial incentives. Incentives, that I may add, not even Major League Soccer
requested of us in the beginning. We have gone above and beyond what was requested of us
originally. But, if we are going to give them all these additional incentives, then we have to be
guaranteed that, if down the road, three years from now is to their benefit to skip town, that they
can't do it and go to Broward, go to Palm Beach. And, I think that's, you know, what you
suggested Commissioner, is the only right thing to do. Mr. Manager...
Commissioner Gort: Mr. Mayor, I think we are all saying the same thing. If this team is
successful, we want to make sure they stay here and this way we can draft the document, and I
think that's what we are instructing the Manager to do. To make sure that if they become
successful, they don't walk out like other people have done in the past.
Mayor Carollo: Well, then this...
Commissioner Gort: And, I think that's the message that's everybody is sending.
Mayor Carollo: That's a different story.
Commissioner Gort: Yeah.
Mayor Carollo: If we, the maker and the seconder of the motion rephrase the motion to say that,
that's a different story.
Commissioner Plummer: I have no problem with any terminology fully understanding... All, I
am trying to do is not be cast in a light that says we lost because we didn't try. I am saying with
the agreement upon with the Manager that we would in fact turn it over to him to try to come
about with a final negotiation to bring this thing to a successful conclusion. Look, there is no
question in my mind and I concur with the Mayor. You are asking us to share your loses in the
first years and we want to make sure that you are a success and we share your successes in the
other years. I was around for the... and I'll call it like it is. I was around for the Robbie years.
And, the minute that he got his ten year freebee out of this City, to the certain extent, he was
bye-bye. And, that was wrong. So, I am saying on a negotiated contract, Mr. Manager, if they
ask us to help them in their lean years, if they get fat, we want to enjoy some of that fat. That's...
and I have not problem and that should be the way it is.
5 July 24, 1997
Commissioner Hernandez: Mr. Mayor, several issues I would like to touch off on this morning.
The first concern I have is, I didn't know anything of this until I saw a press conference in New
York. I haven't been approached by the Manager on this issue. I don't what know is... what are
the benefits we are giving them, what are the concessions we have been giving them or they are
giving us. That's number one.
Mayor Carollo: Well, could I explain it to you, Commissioner, before you go on.
Commissioner Hernandez: Go ahead.
Mayor Carollo: Number one, this has been going on and it's been covered in many, many news
stories for over a year, that we have been working on this. And, I have been dealing directly
with the Commissioner of Mayor League Soccer for over a year on this. Secondly, the... just to
remind you. The Charter clearly states that the Mayor is the spokesperson for the Commission.
In other words, he is the one that represents the Commission, with the blessing, without the
blessing or anything in between, to represent the City, in this case with Mayor League Soccer.
The stated policy in the past, in the tradition in the past is, before a contract would finally be
presented to the Commission is when the administration will sit down with the Commission. If
in every step that we are trying to negotiate a contract the City Manager, anyone else has to be
sitting down and negotiating, talking, explaining to all five of us, then we will probably never get
anything done in the City.
Commissioner Hernandez: Mr. Mayor, but that is the structure of this government as it exists
today. And, I think it's his responsibility to keep us informed of what's going on.
Mayor Carollo: Well, it...
Commissioner Hernandez: Let me tell you, and let's put things in perspective...
Mayor Carollo: Yeah, let's put it in perspective.
Commissioner Hernandez: ... while I have the floor today. This City has lost every major sports
franchise except for the Miami Heat. We have lost the Miami Dolphins, the Baltimore Orioles,
the Miami Grand Prix. We have lost the Orange Bowl Classic. No one is knocking down our
door to use the Orange Bowl, as I see it. I think we are facing the barrel of the gun and I am
sorry to tell you, I don't want to give these people a sweetheart deal, and I agree with you, we
have to negotiate a good deal for the City of Miami, that's why we are here, to make sure that we
get the best for the City of Miami. But, at the same time, I have noticed that we are negotiating
ourselves out of deals. These people are in my view...
Mayor Carollo: Which ones since you have been here, Commissioner, or I have been here?
Commissioner Hernandez: What?
Mayor Carollo: You might have been talking about past years with other people, but since you
and I have been here, which deals have we negotiated ourselves out of? None.
Commissioner Hernandez: The Firehouse Four is one that I think that we have negotiated...
Mayor Carollo: No.
Commissioner Hernandez: ... ourselves out of.
6 July 24, 1997
Mayor Carollo: There is nothing that we have negotiated ourselves out of. In fact, I think that
once we finalize whatever final steps we are going to do, and we all agreed it probably would be
going out again, we'll probably get a much better deal because the times have changed since we
put out the last RFP.
Commissioner Hernandez: What I am concerned of, is there is a time deadline I believe, with
the start of this team, correct? There is a...
Mayor Carollo: They are supposed to start playing in March of..
Commissioner Hernandez: Ninety-eight.
Mayor Carollo: ... next year, that is correct. And, I will say this to you, Commissioner. See,
this same attitude of giving up, we got to give the store away, we got no choice. This is the
attitude that will never get the City of Miami any place. We have to be fair, we have to be just,
we have to be flexible. But, at the same time, we have to protect the interest of this City now
and into the future.
Commissioner Hernandez: That's all right. (phonetic)
Mayor Carollo: We just can't look at the short range, make a deal so we look good, especially in
an election year and then to heck what happens to Miami's future. So, that's what I am saying,
that we have to make a deal that's good now, that is good into the future, that's fair. We have to
be flexible and we are willing to be flexible, we have been flexible but at the same time we need
a guarantee that after they get a few years from us they are not going to skip town. And,
furthermore, Commissioner, let me say this to you. I didn't really appreciate statements that
were made that when a lobbyist was brought into this, that they wanted to change the whole deal
that had been negotiated because all of a sudden they realized that I was only one vote in the
Commission. Well, they knew that from day one. So, therefore, they felt that they could get a
much better deal from the City if they could get three votes because they thought that this is a
different form of government. Well, they knew the form of government we had from day one, it
wasn't I, that requested to be in the meetings to negotiate the contracts. In fact, they plainly
refused to negotiate with our staff unless I will be present. So, if we like we could proceed with
the motion, if the maker and the seconder of the motion would accept the amendments that the
Vice Mayor had asked for.
Commissioner Hernandez: Is there a deadline on this?
Mayor Carollo: Well, what I would do..
Commissioner Plummer: Well, there is obviously a deadline because we only meet again until
September to take any kind of action.
Mayor Carollo: Well, I for one...
Commissioner Plummer: But, if we don't do anything until September then it's a dead item.
Mayor Carollo: I for one, Commissioner, if you remember yesterday, I said to be on call
wherever you might be and...
Mr. A. Quinn Jones, III, Esq. (City Attorney): We can have special...
Mayor Carollo: Yeah, that's correct, for something that would meet the guidelines of what we
have asked and I don't think we have expressed too extreme a request here. Basically, only one.
7 July 24, 1997
And, any three of us that's in town, and I will be here throughout the whole month of August
could meet and resolve that. In fact...
Commissioner Plummer: Mr. Mayor, if there is a negotiated deal, a final deal is negotiated and
the Manager needs ratification to approve it, I will make myself available wherever I am to
return.
Mayor Carollo: Thank you, Commissioner.
Mr. Kenneth Horowitz: May I speak a moment before you people vote? I don't know what the
procedure is here.
Mayor Carollo: If you would like, you can state your name and...
Mr. Kenneth Horowitz: OK. My name is Kenneth Horowitz, I am the principle owner of the
Miami Fusion. I just want to set certain statements straight that have been said here this
morning. I have been dealing above board. I believe there is some misconceptions going on
here, principally on behalf of the Mayor. And, I would like to speak uninterrupted, if that's
possible for the next few minutes. Number one, the Mayor has changed this deal several times.
That's a fact. If the other Commissioners would talk to the Mayor's own staff and allow them to
speak off the record, so they are not in fear of their jobs, you will find that this deal has changed
several times by the Mayor, after the fact, after there was a hand shake that we would have a
deal. That's number one. Number two, no other team in this league, in Major League Soccer
has an agreement for more than three years. That's fact number two. Fact number three, Doug
Logan is the Commissioner of the League. He is not an owner of the League. The way this
league is set up, is that there are nine individual owners of which I am one of the shareholders of
the league. Doug Logan can speak for himself, he cannot speak for all the shareholders of the
league. The shareholders of this league are united behind me that we believe a three year deal is
fair. We are going to work as hard as we can to make this league a success right here in Miami.
As part of our good faith we named the team the Miami Fusion even before we had a deal. If we
had ideas of moving to another marketplace we would not have called the team the Miami
Fusion. I would have not gone on national television and talked about how great Miami is and
why we had to be... why we wanted to be here, because we think this is the appropriate market.
Those facts need to considered. There are other cities that do want us. I am speaking here, this
is not a bluff. If we can't get the deal we want today, we will not be in Miami, and that's a fact.
You are making some very important misconceptions, Mayor. You have been wrong on this.
You should have been dealing with me from day one. I have made phone calls to you, they
haven't been returned. You and both know that, you really don't want me to go any further. I
have tried very hard to make a deal happen. I have actually negotiated in good faith. I have kept
this out of the newspapers, contrary to the City Manager who has put things in the newspapers.
We have tried to do the right thing by the City. We have run out of time. The Miami Fusion
will not be playing here. That's a fact. It's my decision. I want to get that on the record. It is
absolutely my decision as the owner of the team and as the owner of the league. I have to make
that clear and I need you to know that we have run out of time. We have negotiated the best we
can. We are not costing the Orange Bowl a nickel. I want to put that also on. We are paying all
the expenses of the Orange Bowl. We are paying cleanup, you name it, we are paying this. The
Orange Bowl has six games a year right now, guaranteed by the University of Miami. There
maybe other sporting events coming to Orange Bowl, I hope so. We are guaranteeing Miami 16
home games of our team and we are not costing the Orange Bowl anything. In fact, the City of
Miami, every game we play makes a use fee for every customer, fan, that comes into the Orange
Bowl. The City of Miami will make money on concessions. We have agreed to that. The City
of Miami makes money on anything number of ways. We are not another team owner. We are
being mischaracterized as a... Huizenga or somebody else, who is coming into the City and
saying spend money on us, build the stadium for us, spend lots of money and then we leave. We
8 July 24, 1997
have not asked the City of Miami to spend a nickel on our behalf. I am telling you right now, we
have run out of time. I was told by the Mayor, I am going to tell you this right again, looking at
your face, that as you and I have been speaking, the other City Commissioners... you were
playing the City Commissioners off of me. In fact, you would say, "well, I have talked to the
City Commissioners, they don't like this, they don't like that." And, I am hearing now, that the
City Commissioners haven't been aware of what's been going on. That too, is unfair. I speak
honestly, I am speaking the truth. This is my decision and we are bringing good things to Miami
and I am telling the five of you today, please make the right decision,. You are going to make a
mistake. We do have other places to go, that's a fact. And, it's going to happen. This is... we
have asked for three years going into a five year deal, where if we have the attendance we want,
which we expect, we are going to stay for five years. Again, I am repeating myself but the rest
of the league has a three year deal. That's what the other teams have. You guys should know I
have gone out of my way to meet each one of you so you get to know me, and can understand
my personal thoughts, the passion I have for Miami, and I have done the best that I can today to
let you know that what we are talking about is for real and we want to do the right thing. And, I
would like you people to reconsider before you take this vote. We do have to start playing in
March, we cannot wait another couple weeks to do this. We have resumes, over 400 resumes.
That's a fact, I have them in the other room, from people that would jobs with our team. We
have players to hire. We are investing money to improve some office space. This is just... we
are not costing the City anything. Something else is going on here. I can't put my finger on it
but instead of the City welcoming us with open arms, trying to help us out, and have soccer here,
we are getting something completely opposite. That's all I have to say.
Mayor Carollo: OK, well let me answer some of Mr. Horowitz' statements because I very
politely did not interrupt him. Let him say any statements that he wanted. We have Christina
Abrams that's here, that you all know is extremely independent, that she will say anything
whether I like it, anyone of you likes it or not, and tell it like it is. The Manager has been present
in many of the negotiations that went on with Mr. Horowitz. He made a statement that I changed
on several occasions some of the terms of the contract that was being negotiated. He is quite
correct on that. I changed the terms to make it even better for him because that's what he said
was needed to make the deal. Every time that I would agree to make a recommendation to better
the deal for him, he will come back wanting more. And, then finally at the end what he tells Ms.
Abrams is, that he could have a Chinese pick, a Chinese menu pick, that he could have every
option that was given. He could have A, B, or C, so he could choose which ones he wanted.
After... It was our direct impression that the final one that was chosen was the one that was best
for him that he wanted. It's funny, some of the statements that he made because he kept telling
me that he did not want to deal with Christina Abrams or our administration because they were
unreasonable and he was sure that I would be the reasonable. The statement that was made that I
had told him that I had talked to Commissioner and we were all in agreement, it's obvious that
he doesn't know politics. And, yes, I am looking at you right in the eye. You know that
statement was never made because that would be a violation of the law. A violation of the law,
sir. So, you know that darn well. Furthermore, the part about not returning phone calls, I always
return phone calls. What I did say at the end was, that I felt that the administration had to move
on with this. I wanted to remove myself from it and have him deal directly with them, not with
me because I didn't think that that was a positive anymore, after seeing what had happened. The
fact was that we had a handshake in one meeting that the Manager and I and the Commissioner
of Major League Soccer which apparently according to Mr. Horowitz, you know, it's just one
more vote that doesn't mean anything. And, we had an agreement and terms that had been
negotiated for sometime. We went into a meeting with many of their people, many of our
administration people and that's when he said that he disagreed with some of the terms that the
Commissioner of Major League Soccer had expressed to us that were acceptable to them. That
he was the one that had put up the twenty million dollars ($20,000,000) for the team and he
wanted better terms. Well, he kept getting terms and better terms. From day one, we had talked
about a ten year lease, from day one. Now, all of a sudden, he is demanding a three year lease or
9 July 24, 1997
if not, they skip town. Well, frankly, what's the real difference if they are going to skip town
now or three years from now if that's what his intentions is, and use us for that time. And, this is
what I feel are the intentions. For us to be used for a small amount of time and then transfer the
team somewhere else. We have dealt with good faith. We have bend backwards to appease Mr.
Horowitz but for him to be making some of the statements that are being made here, this is just
outrageous. In fact, when he says that he held back in not going public, in fact he did go public,
right after the first meeting. And, I mean, I see reporters here shaking their heads, yes. He went
public threatening that he would take the team to Lockhart Stadium. And, in the same article,
the Commissioner of Major League Soccer said "that was not going to happen." So, I mean, if
he's got a problem with them up there, we can't help that. But, what we can do is, I mean this is
not a motel that you come in and rent a room for a day or for a month, this is a City government
that is going to be run like a business. And, because we are being threatened that if we don't get
a freebee, if we don't get to use you for this small amount of time that we need you before we
can go somewhere else, then we are going to take off now, or we are going to make you look bad
in the press, so be it. But, I said it before and I'll say it again, I have to look out not only for the
City's present but for the City's future. And, if any of the statements that I have made of what
had been going on through the negotiations we have made are inaccurate, I would ask very much
so, Christina Abrams that's sitting right there to come up and say so, that I am not saying the
truth, the Manager could go ahead and say it. But, this is a little ridiculous and frankly, I am a
little surprised of some of the people that have been used for this at this late moment.
Commissioner Plummer: Let's call the...
Commissioner Gort: Like I stated before, all we want is what's best for the City. I don't think
we can take a decision today because we don't have anything in front of us to take a decision
today. So, it's impossible for us to take a decision.
Commissioner Plummer: Well, let me talk...
Commissioner Gort: I want to make sure that the people know that.
Commissioner Plummer: Let the man that made the motion talk. There is no decision going to
be made today.
Mayor Carollo: No, of course not.
Commissioner Plummer: Absolutely. Today, this morning, was the first that I have had time to
meet them to understand some of the parts of the contract. And, other than that, I read a thing in
the paper which, when they announced the Miami Fusion I thought it was a done deal. That was
understood by me, it was a done deal, finished. Something we didn't know about. So, there is
no way that it can be done today. I would not sit here and make a decision today without having
the opportunity to go through the entire packet whichever that is and then I will be able to sit and
give my recommendations to the Manager.
Mayor Carollo: The bottom line is that what the Commission has stated here in this motion, and
this is the part that I guess Mr. Horowitz finds so unjust and undeserving, is that if we are going
to give him, what frankly, he cannot get in any other stadium across the country because we have
gone over contract by contract, all the ones that we could get our hands of, in other stadiums for
Major League Soccer. And, we have given them a real, good deal including naming rights to the
Orange Bowl that they don't have in any other stadium. If the fact, that all that this Commission
really wants is a guarantee, that if we are going to give them excellent terms, they are not going
to be skipping town within three years, then going into Broward or Palm Beach, then I think that
in itself is sending us a clear message. So, I call the question.
10 July 24, 1997
Commissioner Hernandez: Mr. Mayor, before...
Vice Mayor Regalado: But, Mr. Mayor, if I may? I think that all of us agree on the motion and
what I think should be said is that the City has to understand the problems that a soccer team
may run into in the City of Miami. And, we don't have a problem if the team fails in three years,
in four years and he falls and leave town. But, the only thing that this City wants is to have a
guarantee that if you are going to play in South Florida, you do it in the Orange Bowl. After
that, the Manager will have the authority to deal with the team and I hope that because of certain
times, the terms will not be so drastic change that we wouldn't have an agreement. But, I think
that Miami deserves a chance to try the team. The team deserves a chance to try the Orange
Bowl. And, I hope that Mr. Horowitz and his team would understand that the only thing that we
want... is just that we want you in the Orange Bowl. Other than that, the Manager will deal and
then this Commission will decide. I don't have a problem with the ten years as a number but
with the need that you have as a five or three years in terms of your success or your failure. So, I
would hope that you understand that the only thing that we want is for you to play it in the
Orange Bowl, that's all we want.
Commissioner Hernandez: Mr. Mayor, exactly what I am... the point I made originally. If we
can't make a decision today, why did the Manager put this on the agenda to authorize the use
agreement. I don't know anything about this, how am I supposed to vote on this.
Mayor Carollo: Commissioner, I am in agreement with you on that. I am with you on that.
Commissioner Hernandez: What's going on here?
Mayor Carollo: I am in agreement with you on that.
Commissioner Hernandez: Explain to me, what's going on here then?
Mayor Carollo: I am in fully agreement with you on that one.
Mr. Edward Marquez (City Manager): Mr. Mayor, we placed the item on the agenda in the
hopes of reaching... at the point in time we thought we had an agreement we were crafting a
contract. We placed the item on the agenda to have space on the agenda to bring forward a
contract. I am withdrawing the item today because we don't a meeting of minds and we don't
have a contract in place. We have been negotiating a ten year deal that if it's not going to be a
ten year transaction then the economics need to change and there is no way on earth that we can
do that from... on a one day period in the public forum. So, that's why...
Commissioner Plummer: Mr. Manager...
Commissioner Hernandez: Mr. Manager, how are we going to have a meeting to the minds
when you are only meeting with one mind, and there is five of us here?
Commissioner Plummer: Mr. Manager, let me tell you something, sir.
Commissioner Hernandez: I want an answer to that question.
Mr. Marquez: I was going to bring up an item, we were going to have it. We were going to
have a set of meeting of minds between us and the team and then at that point in time I was
going to bring the negotiated terms to each and every member of the board as a Commission.
Commissioner Hernandez: Right, now, we are supposed to make a decision on a ten year lease,
today?
11 July 24, 1997
Mr. Marquez: I don't, no. There is nothing on the agenda... The item is...
Commissioner Hernandez: It's item number 40, Mr. Manager.
Mr. Marquez: The item is incomplete, that is why I have been withdrawing it from the meeting.
Commissioner Hernandez: You are withdrawing it now.
Mr. Marquez: I am withdrawing it this morning, because...
Commissioner Hernandez: No, right now, you are withdrawing it. You didn't withdraw it this
morning.
Mayor Carollo: He didn't have the opportunity, I don't think, to get into it.
Commissioner Hernandez: This is ridiculous, is what it is, to tell you the truth.
Commissioner Plummer: Well, let me just say...
Mayor Carollo: Well, it should not be in the agenda, I agree.
Commissioner Plummer: Mr. Manager, if you were intending to bring this matter before this
Commission today and asking me to vote on it? I want to tell you something, sir, you better be
glad you withdrew it, because I would have blasted you to no end, all right. I have not had the
opportunity to know anything about this deal except what I have read in the paper and I don't
take that with a grain of salt. So, all I am saying to you, Mr. Manager, there are five of us up
here and I am not trying to pull straws with you, but don't ever bring anything on an agenda as
major as something like this in the same day and expect me, for the first time to hear about it, to
make a decision on it. I don't do business that way.
Mayor Carollo: Let me call the question. Can you call the roll call, please?
Mr. John Ertmann: Mr. Mayor. Mr. Mayor.
Mayor Carollo: I called the question, you could address this right after if you like.
12 July 24, 1997
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-494
A MOTION TO RECONSIDER VOTE PREVIOUSLY TAKEN ON THE
WITHDRAWAL OF AGENDA ITEM 40 (AUTHORIZE CITY MANAGER TO
EXECUTE A SUE AGREEMENT WITH MAJOR LEAGUE SOCCER, LLC, FOR
USE OF THE ORANGE BOWL STADIUM AND FACILITIES AS THE HOME
FIELD FOR PURPOSES OF PLAYING MAJOR LEAGUE SOCCER GAMES);
FURTHER INSTRUCTING THE CITY MANAGER TO BRING BACK TO THE
COMMISSION AT A LATER DATE A FINAL RECOMMENDATION FOR A
CONTRACT; FURTHER INSTRUCTING THE CITY MANAGER TO OBTAIN
INPUT FROM THE COMMISSION REGARDING SAME, EXTENDING TO THE
COMMISSION THE OPPORTUNITY TO PROVIDE IN MEMO FORM THEIR
CONCERNS, INCLUDING CERTAIN GUARANTEES THAT MAJOR LEAGUE
SOCCER, LLC WOULD REMAIN IN THE ORANGE BOWL STADIUM FOR TEN
YEARS, AND INCORPORATING CERTAIN LANGUAGE THAT IF SAID TEAM IS
SUCCESSFUL THAT THEY WOULD NOT RELOCATE ANYWHERE IN SOUTH
FLORIDA.
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
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: Commissioner Humberto Hernandez
ABSENT: None.
Mayor Carollo: Yes, sir.
Mr. Ertmann: Mr. Mayor, my name is John Ertmann, I am executive vice president of Mayor
League Soccer. I have had the opportunity to meet with you...
Mayor Carollo: Yes, John.
Mr. Ertmann: ... and Mr. Manager, Marquez. I just wanted to bring some... a little bit of
perspective to this because the discussion is very heated and I wanted to give the league's
perspective very briefly. We as a league are very excited about being in Miami, we want to be in
Miami. I think there is some dispute among the Commissioners and Mr. Horowitz about the
intentions of the league, the intentions of the team. I want to underscore that we want to be here.
We hope to be a success, we expect to be a success in the Orange Bowl. And, the way the deal
is currently being discussed, if the team is successful, we are going to stay at least five years.
And, I think the important point in that is, that there is no other team in the league and they are
all in major markets and there is no other team in the league that has an agreement longer than
three years. So, we are prepared at this juncture to say that we will be here for five years unless,
there is, by definition, a situation after three years that is not successful for these operators. And,
Mr. Horowitz in his own way has expressed what is accurate, that he has the ultimate decision
about the terms of this agreement. The league is supporting him in this, the league is the
signatory to the document. But, ultimately, it is Mr. Horowitz' decision as to whether or not as a
13 July 24, 1997
0 0
prudent business decision to move forward. Having said that, I want you to know, I want Mr.
Marquez to know and the Commissioners to know that the league very much wants to be here.
And...
Mayor Carollo: We understand that, John. And, this is why we have been working so long with
the league, as you know. In fact, when it was announced that the team was coming to Miami and
a franchise had been given, I appreciated very much what Major League Soccer said in its press
release, which it did, in giving me credit for all the work that I did in convincing you to come to
Miami. And, you know that from day one, we were discussing ten years. And, I understand that
Mr. Horowitz paid more than he had anticipated that the team would have cost, twenty million
dollars ($20,000,000). But, at the same time, he is a businessman. He understands what
business is all about. No new owner of any major league franchise can be guaranteed to make a
profit the first three years, can be guaranteed to have "X" amount of people show up to a game.
Frankly, if there is such a great concern that he has to leave Miami if he doesn't get certain
things in the next several years, you and I both know there is several other people that are
standing in line that will pay you twenty million or more and will be willing to take those
chances. But, you know, from day one, we stated to Major League Soccer that we didn't care
whom the owner was, whoever the franchise will be given to. We would work with anyone and
welcome them to Miami and bend ourselves backwards to try to appease them and help them.
But, at the last moment for the original understanding, agreements that we had of ten years, for
us now to be told it's three years or else, you know, that's just not right. And, again, I will say
publicly, you know, we have Christina Abrams that was negotiating this from day one in the
City's behalf. She and her staff did all the studies, all the ground work. The Manager was
involved throughout a good portion of it, and you know, they have every ability to correct the
record if anything that I have said is incorrect. You see, one other thing that I guess, you all
don't understand how our system works, the Mayor nor the Commission have the right to fire
any employee, so they are pretty free and many of them are, into expressing their opinion
whichever way they see it. So, they don't have to worry about retaliation in here.
Mr. Ertmann: Well, my purpose in getting up was not to talk about the operations of City
government. I am somewhat of an outside observer, I have been here three or four or five times
now and sat down at meetings and appreciated the attention and the seriousness with which the
negotiations have been conducted. My purpose in making the statement is to underscore the
incredible time pressures that the league and Mr. Horowitz is under right now to set up a team, to
establish a base of operations at the Orange Bowl and to do so in a way that will be successful
not only for the team but for the City of Miami
Mayor Carollo: Well, and we appreciate that Jack. But...
Mr. Ertmann: ... because the way we have structured the deal..
Mayor Carollo: Sure.
Mr. Ertmann: ... is so that the City will in fact make money that is not otherwise going to come
to this City beginning as early as next year.
Mayor Carollo: We appreciate that. But, isn't a fact, John, that when we had the first meeting
that we were introducing the City to Mr. Horowitz, that I believe you were at that meeting with
Doug Logan, the Commissioner of Major League Soccer and other people from Major League
Soccer, that once we all went back to the major conference room at the Manager's office that we
were in agreement of the parameters that we were moving forward until the new franchise
owners objected to part of the terms in as far as how many people they needed to guarantee to
stay here.
14 July 24, 1997
Mr. Ertmann: Well, if you are asking me if that was a factor Mr. Mayor, I think the meeting you
are referring to, there was some discussion about the length of the term. Prior to that meeting
there were many discussions about the length of the term and in fact, there was an agreement at
one point that the term would only be five years long. And, there had been many, many
discussions since then that have changed other elements of the deal. And, we are at a point right
now where I think we are talking about simply this one principal item. And, in order to get this
deal done and get it done in a fashion that is going to make the team successful, make the league
successful, and ultimately make the City successful financially and otherwise. I think we need to
move quickly and..
Mayor Carollo: We, the City of Miami, when I say we, I am talking about all of us here, the
administration are willing to move as quickly as you would like in that. I see no reason why a
final agreement cannot be in hand by Monday. But, we have to have the guarantees that Mr.
Horowitz does not want to give us, that his is not going to skip town on us if he wants just short
terms.
Mr. Ertmann: Well, again, the skipping town is very heated language and it's not a question of
skipping town. It's a question of the league and Mr. Horowitz making a commitment of five
years to this City. We want it to be successful. We want to be in the City of Miami at the
Orange Bowl. And, all we are talking about is an unsuccessful situation after three years. I have
heard, I think it was Commissioner Plummer speak about how the team would be successful over
three years and then skip town.
Mayor Carollo: Sure, but if they are...
Mr. Ertmann: That's not the situation with.... If the team is successful, the team isn't going
anywhere.
Mayor Carollo: ... If they are not successful...
Commissioner Plummer: Sir, I never used that terminology.
Mayor Carollo: If they are not successful...
Commissioner Plummer: I didn't say anything about skipping town. I said that if you wanted us
to participate in your lean years, we wanted to participate in your fat years. That's fair. I didn't
say a thing about skipping town so don't put any terminology that Plummer said.
Mayor Carollo: Anyway, John, I appreciate your input and I am available to talk with you, you
know, anytime you like. I think we had a good relationship with Major League Soccer, so I
appreciate your input. Christina...
Commissioner Plummer: Invite us to the first game.
Commissioner Gort: Mr. Mayor, I think it's...
Mayor Carollo: Is there anything that you would like to say, Christina? You have the
opportunity. I want everyone to have the opportunity to express themselves.
Commissioner Gort: Mr. Mayor, I think the major points have been expressed in here, what we
all want. And, I think when you want to do something you can draft the document to protect
everybody. And, I think that's what it should do now. And, at the same time, I want the league
and the individual to understand that we cannot take a decision here without having something in
front of us. It's very difficult. We cannot take a decision here today. So, we have given
15 July 24, 1997
•
•
instructions to the Manager and to yourself. And we will... The first thing I asked when we
made the decision, do we want to do it? If we want to do it, we will find ways to do it. And,
there is a way that you can draft the document that it can be done. That's all we are saying.
And, that we will be here and we can meet Monday, Tuesday, whenever it's necessary.
Mayor Carollo: That's correct. Go ahead.
Ms. Christina Abrams (Director, Public Facilities): There is one thing I would like to say, is that
we have been working with the representatives here from Major League Soccer for about at least
eight months. And, it really concerns me that it seems to be such a negative exchange here,
because until very recently we have had a great rapport. We agreed on almost every point. We
are so close to an agreement and there are one or two points of contention. But, you know, it
concerns me that the impression that the public may be getting and the audience here is that we
have had, you know, a strange relationship, when that's not the case. And, I would like to that I
believe we are very close to an agreement.
Commissioner Gort: I would like to give a suggestion, Mayor. And, I know by the Charter you
have instructed that staff to negotiate. But, I think, and we have had facts in front of us but we
are not taking it up. But, when there is any type of negotiations taking place, I think staff should
sit down with all of us and let us know what's happening, of course. So, at least, we would be
aware of it. Like, you know, I learned about the announcement from the newspaper...
Commissioner Plummer: That's right.
Commissioner Gort: ... the way I think all of us did.
Commissioner Plummer: Same here.
Mayor Carollo: The announcement in New York?
Commissioner Gort: Yeah.
Mayor Carollo: Well, basically, Commissioner we all read it in the newspaper, I knew it was
going to happen. We have been told that it was going to happen in Miami and then they decided
to have it up there, yeah.
Commissioner Plummer: Well, I just think the Manager and staff need to realize, the best deal
you negotiate without three votes is no deal.
Mayor Carollo: OK. Can we move on to the next item? Thank you.
Ms. Mikki Canton: Mr. Mayor.
Commissioner Plummer: Yes, Mister... yes. Mr. Mayor, I would like to bring...
Mayor Carollo: Mikki, I think we beat this over the head long enough.
Ms. Canton: No, sir, I have no comment...
Mayor Carollo: Yeah.
Ms. Canton: ... on what has been discussed here.
Mayor Carollo: Well...
16 July 24, 1997
Ms. Canton: But, I do want to make a statement for the record because I want to be very clear
that this Commission understands my position in this situation.
Mayor Carollo: That's fine, Mikki. What I would appreciate is, if you...
Ms. Canton: Sir.
Mayor Carollo: You have had a tremendous amount of time that you have been spending with
Commissioners this week in speaking to them. You could do it the same way, express it to them,
write a letter to all of us, but we need to move on in this meeting.
Ms. Canton: Excuse me, Mr. Mayor.
Mayor Carollo: Yeah.
Ms. Canton: But if I may, I would like to make a statement on the record. May, I do that?
Mayor Carollo: Mikki, can you make a quick statement, please? A quick statement, so we can
move on, please.
Ms. Canton: Excuse me. Yes, sir, I will make a very quick statement. My position is, as you
know, I am a special counsel through the law firm of Holland and Knight of the City of Miami.
We have been special counsel for this City for eight years and we have worked with you in
Tallahassee.
Mayor Carollo: Let me clarify what special counsel means for the public. That's our lobbyist in
Tallahassee.
Ms. Canton: That's correct. That's correct. I came to know these gentlemen through you when
you asked me to speak with them during the session to see if there was any way that we could
assist in terms of looking forward as far as legislation. I have not been retained by these
gentlemen, I am not their lawyer. I came to know these gentlemen through this initial meeting.
Through the months I have been developing a friendship with them because I genuinely believe
that they are doing something wonderful for the City of Miami. I am not in any way
representing them and I have never, ever said that on the record nor in any meeting. My purpose
for being involved in this, has been because I believe this is good for Miami and if I have
developed friendships with Commissioners through the years and staff, I think that it is a good
thing that I am able to say, this is so and so, this is so and so. So, Mr. Mayor, I want to make
sure, that you and the Commissioners understand that I have done this in good faith. That there
is no money here, I have not been retained. If they in the future want to retain the law firm we
are happy to do that, but I don't want any, any misconceptions here by you or anyone else as to
what my role has been, because I respect the City and what I do is, I want the best for them.
Mayor Carollo: Thank you for your statement, Mikki.
17 July 24, 1997
•
----------------------------------------------------------------------------------------------------------------
3. BRIEF DISCUSSION CONCERNING METRO-DADE COUNTY
COMMISSION'S DEFERRING ACTION ON CITY'S PORTION OF
CONVENTION TAX FUNDS.
Commissioner Plummer: Mr. Mayor, I hate to bring this up, but I think we better bring it up.
And it's in reference to the FEC (Florida East Coast). I have here a thing that was presented by
Mr. Vidal. They are starting to play retribution, and I am very concerned. They had an
ordinance before the Metro Commission to take away from the City of Miami the monies that we
are to receive from the TDC (Tourist Development Council), the Tourist Development tax, and
they even went on to put in there, "By freeing up general revenue, this may change also to assist
in mitigating the financial impacts on the County presently... recently by the City, such as notice
of eviction for the interim Central Detention Center (CDC) Jail Facility." Mr. Mayor, they're
starting to play games.
Mayor Carollo: Well...
Commissioner Plummer: I want to make sure that we understand each other - not you and I, but
them - that the offer which we made to them was a final offer. And as far as I am concerned,
there is no further negotiation unless it's from the bottom line that we gave up. So I don't know
why they're out there making all of this noise in the press. Either they meet our bottom line,
which was an ultimate decision given to them, or it's all over. But I am very concerned when
they start playing these kinds of games, of taking away a million seven of our money from the
Convention Bureau. Thank God the City... Assistant City Manager got it pulled off of that
agenda, and got it deferred.
Mayor Carollo: Well, if I may surprise you again, Commissioner. I wish that our staff would be
so up to date on every issue, but it was my office that had to inform the Administration what was
happening. And if you would like to look at the minutes of the County Commission when they
met, they deferred it because of my request, and they stated clearly that, you know, they were
going to defer this because of the request that I had made there. Now, having said that, I did
speak to Mayor Penelas in a meeting that we had Monday evening on the subject. He explained
to me that that had been placed on the agenda by the County Manager, not by himself or any
other member of the Commission. It has to do with not the FEC Bicentennial, and I believe him
on that. It has to do with another problem that the Manager has over there, mainly with the old
police station and the jail site over there. But I have no doubt that we can work that out with
Dade County, just like we will be working many other things out with them soon.
Commissioner Plummer: Well, Mr. Mayor, I just... I am tired of reading and hearing about
further negotiations, that it's going to be finished in 48 hours. This Commission doesn't know
what the hell is going on, except what I know, and that is, we set a deadline, we set the
parameters, and there was no negotiation, as far as I know, beyond that point. But I don't...
e
Mayor Carollo: Commissioner, you are correct in the parameters that were set.
Commissioner Plummer: OK.
Mayor Carollo: Now, if I receive anything else in hand, I assure you that the minute that I
receive it, I will make sure that the Commission has it either through the Manager, or if it's of
such an importance that it requires a special Commission meeting, so we could all talk openly,
then I would do so.
18 July 24, 1997
Commissioner Plummer: So be it.
------------------------ ---------------------------------------------------------------------------------------
4. DESIGNATE DISTRICT NUMBERS FOR BOUNDARIES OF FIVE
COMMISSION DISTRICTS: DISTRICT 1 AS ALLAPATTAH DISTRICT --
DISTRICT 2 AS COASTAL DISTRICT -- DISTRICT 3 AS ROADS/LITTLE
HAVANA DISTRICT -- DISTRICT 4 AS FLAGAMI DISTRICT -- DISTRICT 5
AS LIBERTY CITY DISTRICT.
Commissioner Gort: Mr. Mayor, one quick item before we get into... I think I'd like to finalize
this. If you all remember, we approved the five districts, and we had forgot on that day to
number the districts. At this time, our staff has worked with the Elections Department, and they
have set up the final map, and these are the numbers that...
Commissioner Plummer: The only problem I have is for whatever reason, they changed the
numbers.
Mayor Carollo: And you had that.
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Carollo: Yeah. The...
Commissioner Plummer: It's not a major change, but it is a change.
Mayor Carollo: No, but we had made a... We had made a resolution on that previously, that
District Number 2 would be the one by the bay and... yeah, the Coastal one. And 4 would be the
one in... that's 2 here.
Commissioner Plummer: Mr. Mayor...
Mayor Carollo: I mean, there was a resolution on that.
Commissioner Plummer: That's... Look, I have no problem. That's supposedly is this... the
area I will represent. The only question I had was that there were changes made after we agreed
on a certain thing. You want to change it today? I got... Hey, I was always 3. Now, I'm 4. I'd
rather be 1. But that's...
Mayor Carollo: Yeah, but 4... See, I got to tell you why J.L. wants to change it. Four is his
unlucky number.
Commissioner Plummer: Yeah, that's...
Mayor Carollo: So that's why he wants 2 instead of 4.
Commissioner Plummer: Mr. Mayor, I have no problem with doing that change. The only
question that I had was why were changes made after we had an agreement, and understood, and
finalized? That's all.
Commissioner Gort: We never... J.L., we agreed on the five districts. We never agreed on...
And if you remember, we had to make the language that the precincts, the districts that would go
19 July 24, 1997
to election would be 1, 3 and 5. And District 1, because we had the language in, would be a two-
year term. And people were afraid that District 1 was going to go...
Mayor Carollo: That is correct.
Commissioner Plummer: I remember very well.
Mayor Carollo: Yeah. The only thing...
Commissioner Gort: For that reason, I made the changes, and I told... I said I would take the
Number 1. And in order to change that, we had to change all the other districts.
Commissioner Plummer: Fine.
Mayor Carollo: And the only thing, for the record, again, this Commission had agreed to was
that District 2 would be the Coastal one, and 4 would be what District 2 is. We never, never
agreed on numbers as to the other districts. We never specified which of the other three districts
would be the one with the two years. Now, having said that, I personally would like to go on the
record and thank Commissioner Gort for the steps that he took in coming forward and saying
that he would take the two years. I think that took a lot of courage. He has my admiration for
that. And I applaud the stand that he took, that was taken not for his best interest, but it was
taken for the best interest of this community. And, you know, I just wish that all of us would
follow those steps that Commissioner Gort took this time.
Commissioner Plummer: Yeah, we'll send him to a psychiatrist.
Commissioner Gort: If you want to, you can make the motion that 2 is the Coastal and 4, as well
as the others, stay the same.
Commissioner Hernandez: I have a question for the City Attorney, which is what I had intended
to ask, and make a motion at the time before Commissioner Gort decided to take a two-year
term. Was... There is... Is there anything on the Charter that would prohibit the four, including
the new candidate, the new district, to have run for a four-year term, and just run it staggered, 2
and 4 seats?
A. Quinn Jones, III, Esq. (City Attorney): No, there is no prohibition.
Commissioner Hernandez: So it would be... We could have done that.
Mr. Jones: Yes.
Commissioner Hernandez: What I was asking is if there would be any prohibition on the
Charter...
Mayor Carollo: Yeah.
Commissioner Hernandez: ... wherein the four that are up for reelection now...
Mayor Carollo: Yeah.
Commissioner Hernandez: ... could run for a four-year term, and then the other two, being
Commissioner Plummer and Regalado, run in two years for their four-year term, and that way,
no one would be sacrificed?
20 July 24, 1997
Mayor Carollo: Yeah. That... There is nothing in the Charter that would prohibit that. Whether
it's practical or not, you know, I will leave that up to this Commission to decide.
Commissioner Hernandez: I didn't think so. I just... My whole concern was I... no one should
sacrifice a two-year term, get into a two-year term, including that new district that we were
talking about. And I thought, you know, what is the possibility that four incumbents would lose
in one year, one election? That's very tough.
Mayor Carollo: Well, if you guys want to split it and you go both for three years instead of four?
Commissioner Hernandez: I don't have a problem with that. I don't have a problem with that.
Commissioner Plummer: I had a better idea. I thought...
Commissioner Gort: My understanding... Check with the Law Department, because we needed
to ratify the language six days before. It cannot be amended, it cannot be changed.
Commissioner Plummer: I had a better idea. Make the Mayor's term two years.
Vice Mayor Regalado: I can make a motion having the Flagami and West Little Havana
Number 4, and the Coastal Number 2.
Commissioner Plummer: Fine. Second.
Vice Mayor Regalado: All right.
Commissioner Plummer: Just to make it official.
Mr. Jones: Wait. I'm a little... Didn't you set 2 and 4 before?
Commissioner Plummer: That's what it was before, so it's just ratifying.
Mayor Carollo: Yeah, that was set before. So.
Mr. Jones: What you're voting on now is basically where 1, 3 and 5 will be.
Mayor Carollo: Yeah. Correct. One, 3 and 5, that's what we're voting on.
Commissioner Plummer: Make your motion. God.
Mayor Carollo: Commissioner Gort, can you make the motion reference 1, 3 and 5? It's just...
If you want, you can just...
Commissioner Gort: So move.
Mayor Carollo: OK. There's a motion that... Let's put it on for the record.
Mr. Jones: Well, let's do... Mr. Mayor, why don't we frame it this way? The motion is
basically that the map, as presented here at today's meeting, which signifies the... and delineates
the locations of Districts 1, 3...
Commissioner Plummer: That was...
Vice Mayor Regalado: No, no, that is not the motion. The motion is to change the Coastal
District number to the West... that would be... the Coastal District would be number 2.
21 July 24, 1997
Mayor Carollo: Yeah. That was done before though.
Mr. Jones: That's already been done. You designated 2 and 4 previously.
Mayor Carollo: This is a mistake in this map. We don't need to do that again.
Vice Mayor Regalado: But... So we are not taking this map...
Mr. Jones: What you're designating now is where 1, 3 and 5 will be.
Mayor Carollo: Yeah. That's all we're taking, 1, 3 and 5.
Commissioner Plummer: The motion should read the following: District 1 shall be known as
the Allapattah District; District 2 shall be known as the Coastal District; District 3 shall be the
Shenandoah District; District...
Mayor Carollo: No.
Commissioner Hernandez: No, that's Little Havana.
Vice Mayor Regalado: No, I'm sorry. The Little Havana.
Commissioner Plummer: I'm sorry, I'm sorry. The Roads Section.
Commissioner Hernandez: Oh, Roads.
Mayor Carollo: Little Havana/Roads.
Vice Mayor Regalado: The Little Havana/Roads.
Commissioner Plummer: Havana/Roads. Section 4 shall be Flagami and Section 5 shall be
Liberty City and Overtown.
Mayor Carollo: Well, now Section 4 is more than Flagami. It would be Flagami...
Commissioner Hernandez: Shenandoah, Shenandoah.
Commissioner Plummer: Well, Flagami/Shenandoah.
Mr. Jones: That's it.
Mayor Carollo: All right. There's a motion by Commissioner Gort, second by Commissioner
Hernandez. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
22 July 24, 1997
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-495
A RESOLUTION, WITH ATTACHMENT(S), RELATED TO PROPOSED CHARTER
AMENDMENT NO. 1, TO BE SUBMITTED TO THE ELECTORATE AT A SPECIAL
MUNICIPAL ELECTION TO BE HELD ON SEPTEMBER 4, 1997; OFFICIALLY
DELINEATING THE JURISDICTIONAL BOUNDARIES OF AND ASSIGNING A
DISTRICT NUMBER TO EACH OF SAID DELINEATED DISTRICTS, AS SET
FORTH IN "EXHIBIT 1," ATTACHED HERETO AND MADE A PART 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.
Commissioner Plummer: Now, let's go to work.
----------------------------------------------------------------------------------------------------------------
5. CONSENT AGENDA.
Mayor Carollo: Now, we're on the consent agenda.
Commissioner Plummer: I move it.
Mayor Carollo: There's a motion to approve the consent agenda.
Commissioner Hernandez: Second.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, one clarification for you on CA-7, which
is the...
Commissioner Gort: Mutual aid.
Mr. Jones: ... mutual aid agreement. What was left out of the package is essentially a joint
declaration, which basically, the whole purpose of this thing was to allow the School Board to
come within 1,000 feet of the City of Miami. So what I would propose is that we amend the
resolution to include the... to authorize the Chief to execute a joint declaration in connection with
the mutual aid agreement.
23 July 24, 1997
Commissioner Plummer: Yeah. I want to know what aid we get from them. This is a one-way
street.
Captain Joseph Longueira (Deputy Commander, Police Support Services.): No, sir. We're the
ones really getting the aid. It allows them to come a thousand foot out of the school property
across the street to take enforcement. Today, if they're standing on school property and see a kid
across the street, they can't do anything. This gives them permission to do that.
Commissioner Plummer: Joe, quit kidding me and the public, please. OK? Plus all of the other
items that you got on there. All right? Security details, escorts, special events. All of those are
involved. So it's not just the idea that they're chasing bad guys. This thing is a whole packet
of - what? - twelve or thirteen items. Correct?
Captain Longueira: Right, right. What you see on there, that's the legal language to cover all
the situations.
Commissioner Plummer: You're only talking to one. All right. Hey, I still tell you, it's a one-
way deal. They're going to get more from us than they're going to give us.
Captain Longueira: No. You don't understand. We have the authority and the obligation to go
there now. They don't have the authority to come the other way. We have to go there now. It's
a one-way street now.
Commissioner Plummer: I'm voting for it, Joe.
Captain Longueira: OK.
Mayor Carollo: OK. Commissioner Gort.
Commissioner Plummer: But tell it like it is.
Commissioner Gort: Let me ask you a question while you are there. My understanding is a lot
of times, we have to have traffic control within certain schools. Is there any way... because it's
my understanding that a lot of those officers that they use are ex -police officers. Can they be
trained where they can do the enforcement, or not, within the 1,000 feet, traffic enforcement?
Captain Longueira: For... the School Board do traffic enforcement? They don't have the
numbers that are needed to do that. That's the problem.
Commissioner Plummer: They don't have to. We do it for them.
Captain Longueira: They don't have the numbers of School Board police to really do traffic
enforcement.
Commissioner Gort: Within their area.
Captain Longueira: Right.
Commissioner Gort: Thank you.
Commissioner Plummer: We do it for them. Big pockets.
Mayor Carollo: OK. Any further questions on the consent agenda? Is there anyone from the
public who would like to address the consent agenda, any items in the consent agenda?
24 July 24, 1997
Commissioner Plummer: I moved it.
Mayor Carollo: Hearing none, all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, IT WA DETERMINED THAT ANY CONSENT
AGENDA ITEM WHICH IS PULLED BY A GIVEN
COMMISSIONER FROM THE CONSENT AGENDA FOR
FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE
AUTOMATICALLY DEFERRED, AND SCHEDULED AS A
REGULAR ITEM ON THE NEXT AVAILABLE AGENDA.
THEREUPON MOTION DULY MADE BY
COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER HERNANDEZ, THE CONSENT
AGENDA ITEMS WERE PASSED BY THE
FOLLOWING VOTE:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
5.1. ACCEPT BID: AERO PRODUCTS CORPORATION -- FOR DISPOSABLE HEAD
IMMOBILIZERS -- FOR FIRE -RESCUE -- ALLOCATE FUNDS, $9,625, ACCT
001000.28 05 01.6. 714.
RESOLUTION NO. 97-496
A RESOLUTION ACCEPTING THE BID OF AERO PRODUCTS
CORPORATION, FOR THE FURNISHING OF DISPOSABLE HEAD
IMMOBILIZERS, ON AN AS -NEEDED CONTRACT BASIS FOR A
PERIOD OF ONE (1) YEAR WITH THE OPTION TO EXTEND FOR
TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT A TOTAL
PROPOSED ANNUAL AMOUNT OF $9,625.00, FOR THE
DEPARTMENT OF FIRE -RESCUE; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO. 001000.280501.6.714;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR
THESE SUPPLIES.
25 July 24, 1997
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
5.2. ACCEPT BID: PROFESSIONAL TRANSLATING SERVICES, INC -- FOR
TRANSLATING SERVICES -- FOR INTERNATIONAL TRADE BOARD --
ALLOCATE FUNDS, $12,870, ACCT 110078.261005.6.690.
RESOLUTION NO. 97-497
A RESOLUTION ACCEPTING THE BID OF PROFESSIONAL
TRANSLATING SERVICES, INC., FOR THE FURNISHING OF
SIMULTANEOUS TRANSLATING SERVICES AT THE 4TH
ANNUAL HEMISPHERIC HEALTH MINISTERS CONFERENCE FOR
THE INTERNATIONAL TRADE BOARD, IN AN AMOUNT NOT TO
EXCEED $12,870.00; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NO. 110078.261005.6.690, (CONFERENCE
SPONSORSHIP AND PARTICIPANT MONIES); AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR SAID SERVICE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
5.3. ACCEPT BID: MAGNUM ENVIRONMENTAL SERVICES, INC. -- FOR WASTE
OIL REMOVAL SERVICES AT CITY FACILITIES -- ALLOCATE FUNDS, $40,000,
ACCTS. 350506.340 & 350505.340 (PUBLIC FACILITIES); 001000.280701.6.670
(FIRE -RESCUE); 509000.420901.6.670 & 503001.291301.6.340 (GSA).
RESOLUTION NO. 97-498
A RESOLUTION ACCEPTING THE BID OF MAGNUM
ENVIRONMENTAL SERVICES, INC., FOR THE FURNISHING OF
WASTE OIL REMOVAL SERVICES AT VARIOUS CITY
FACILITIES, ON AN AS -NEEDED CONTRACT BASIS FOR ONE (1)
YEAR WITH THE OPTION TO EXTEND FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS, AT A TOTAL PROPOSED
ANNUAL AMOUNT NOT TO EXCEED $40,000.00; ALLOCATING
FUNDS THEREFOR FROM THE DEPARTMENTS OF PUBLIC
FACILITIES, ACCOUNT CODES 350I506340 AND 350505.340, FIRE -
RESCUE, ACCOUNT CODE 001000.280701.6.670, AND GSA
ACCOUNT CODES 50900.420901.6.670 AND 503001.291301.6.340;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR
SAID SERVICE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
26 July 24, 1997
5.4. ACCEPT BID: ROUND TIRE SERVICES -- FOR SPECIALIZED FLAT TIRE AND
REPAIR SERVICES FOR POLICE -- ALLOCATE FUNDS, $45,000, ACCT
503001.291301.6.340.
RESOLUTION NO. 97-499
A RESOLUTION ACCEPTING THE BID OF 'ROUND TIRE
SERVICES, FOR THE FURNISHING OF SPECIALIZED FLAT TIRE
AND REPAIR SERVICES ON AN AS -NEEDED BASIS, FOR THE
DEPARTMENT OF POLICE, ON A CONTRACT BASIS FOR A
PERIOD OF ONE (1) YEAR WITH THE OPTION TO EXTEND FOR
TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT A TOTAL
PROPOSED ANNUAL AMOUNT NOT TO EXCEED $45,000.00;
ALLOCATING FUNDS THEREFOR FROM THE FLEET SERVICE
CENTER, GENERAL OPERATING BUDGET, ACCOUNT CODE NO.
503001.291301.6.340; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS SERVICE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
5.5. ACCEPT BID: H.WAY CORP FOR MIAMI POLICE RANGE RENOVATIONS
PROJECT, B-6268 -- ALLOCATE FUNDS, $11,240, FROM CIP PROJECT 312015.
RESOLUTION NO. 97-500
A RESOLUTION ACCEPTING THE BID OF H WAY CORP., IN THE
PROPOSED AMOUNT OF $9,570.00 TOTAL BID OF THE
PROPOSAL, FOR THE PROJECT ENTITLED: "MIAMI POLICE
HEADQUARTERS RANGE RENOVATIONS, B-6268"; ALLOCATING
FUNDS THEREFOR FROM PROJECT NO. 312015 AS
APPROPRIATED BY THE 1995-1996 CAPITAL IMPROVEMENT
ORDINANCE NO. 11337, AS AMENDED, IN THE AMOUNT OF
$9,570.00 TO COVER THE CONTRACT COST AND $1,670.00 TO
COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED
TOTAL COST OF $11,240.00; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
27 July 24, 1997
5.6. AUTHORIZE MANAGER TO EXECUTE MUTUAL AID AGREEMENT WITH
SCHOOL BOARD -- FOR RENDERING OF MUTUAL LAW ENFORCEMENT AID.
RESOLUTION NO. 97-501
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE A MUTUAL AID AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, ON BEHALF OF THE
CITY OF MIAMI WITH THE SCHOOL BOARD OF DADE COUNTY
FOR THE PURPOSE OF RENDERING MUTUAL LAW
ENFORCEMENT AID.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
5.7. ACCEPT DONATION: KENNETH TREISTER AND RICHARD SCHUSTER -- FOR
PROFESSIONAL SERVICES -- FOR PLAN AND SCHEMATIC DESIGN
DRAWINGS FOR COMMUNITY CENTER AT VIRRICK PARK -- AUTHORIZE
REIMBURSEMENT OF $2,000 FROM CIP PROJECT 331316.
RESOLUTION NO. 97-502
A RESOLUTION ACCEPTING A DONATION FOR THE PROVISION
OF PROFESSIONAL SERVICES FROM KENNETH TREISTER AND
RICHARD SCHUSTER, WITH ASSISTANCE FROM THE NEW
WORLD CENTER FOR THE ARTS, FOR THE PREPARATION OF AN
OVERALL PARK IMPROVEMENT PLAN AND SCHEMATIC
DESIGN DRAWINGS FOR A NEW COMMUNITY CENTER AT
ELIZABETH VIRRICK PARK; AUTHORIZING THE CITY
MANAGER TO REIMBURSE MR. TREISTER AND MR. SCHUSTER,
IN AN AMOUNT NOT TO EXCEED $2,000.00, FOR EXPENSES
INCURRED IN THE PERFORMANCE OF SAID DONATED
SERVICES; AND FURTHER ALLOCATING FUNDS THEREFOR
FROM CAPITAL IMPROVEMENT PROJECT NO. 331316 FOR SAID
EXPENSES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
28 July 24, 1997
•
•
----------------------------------------------------------------------------------------------------------------
6. RATIFY / APPROVE / CONFIRM / EMERGENCY FINDINGS -- WAIVE
COMPETITIVE BIDS -- APPROVE RENOVATIONS FOR THREE POOLS AT
HADLEY, RANGE AND VIRRICK PARKS BY ALL FLORIDA POOL & SPA
CENTER -- ALLOCATE FUNDS, $7,100 FROM CIP PROJECT 331391 AND
331316.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: We're now on item number 2, public hearings. It's a resolution ratifying,
approving, and confirming the City Manager's finding of an emergency. Four/fifths votes.
Commissioner Plummer: Move it.
Commissioner Hernandez: Second.
Vice Mayor Regalado: Discussion.
Mayor Carollo: There's a motion, there's a second. Open for discussion.
Vice Mayor Regalado: This is an emergency, a resolution. It's about the pools. I remember that
this Commission expressed the will to keep the pools open, but we are now a month behind.
It's... This was supposed to be done by June 16th, Alberto?
Albert Ruder (Director, Parks & Recreation): This is an emergency action taken to the Manager
prior to June 16th, which is when the pools opened for the summer to...
Vice Mayor Regalado: I know. I know. But...
Mr. Ruder: So the pools are open now.
Vice Mayor Regalado: But would they have cracks now?
Mr. Ruder: No. They were repaired before, and that's why we were able to open them by June
16th. And they've been open...
Vice Mayor Regalado: OK.
Commissioner Plummer: This is ratifying.
Vice Mayor Regalado: I understand that. But I heard that there were some problems with the
life guards, that you had problems with the life guards.
Mr. Ruder: Well, this year, we've had some problems. We've gotten a lot of applicants and
Personnel has been very helpful in doing a wide recruitment, but we have not been able to get
enough. We still have nine of the ten pools open. We've been able to open... Now, it's getting
better, but it was very difficult this year to recruit. And we can't sacrifice safety. We have to
put them through the backgrounds and the medical. And there were some problems this year in
recruiting them.
Vice Mayor Regalado: Thank you.
29 July 24, 1997
Commissioner Plummer: Let's move on.
Vice Mayor Regalado: All right.
Commissioner Plummer: Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-503
A RESOLUTION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE REQUIREMENTS
FOR COMPETITIVE SEALED BIDS AND APPROVING THE RENOVATIONS FOR
THREE POOLS LOCATED AT THE HADLEY, RANGE AND VIRRICK PARKS BY
ALL FLORIDA POOL & SPA CENTER, IN THE AMOUNT OF $7,100.00;
ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT
NOS. 331391, 331388, AND 331316.
(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.
----------------------------------------------------------------------------------------------------------------
7. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 3 (PERSONAL
APPEARANCE: DAVID ALEXANDER TO REQUEST RESTORATION OF
FUNDS TO COCONUT GROVE LOCAL DEVELOPMENT CORPORATION)
TO SCHEDULED MEETING OF SEPTEMBER 9, 1997 -- FURTHER
INSTRUCTING CITY MANAGER TO FUND ECONOMIC DEVELOPMENT
CORPORATIONS BASED ON PERFORMANCE CRITERIA.
Commissioner Plummer: Item 3.
Mayor Carollo: OK. We're on item 3.
Commissioner Plummer: It's your item, Mr. Mayor.
Mayor Carollo: Yes. This is item 3, personal appearance, Mr. David Alexander. I... David, you
can start. I have to step out for just about two or three minutes, and then I'll be right back.
30 July 24, 1997
Commissioner Plummer: Has this been before the Manager?
Mayor Carollo: I don't know if it has before. The Administration should know that if something
hasn't gone through them that it needs to. So if it hasn't been done, check by the Manager. It
really should have been.
Commissioner Plummer: My understanding is that on discussion items that they're going to ask
for this Commission to take a vote that they have to go to the Manager first, so he can
recommend.
Mayor Carollo: There is a letter here from the Manager. What I've done is...
Commissioner Plummer: Oh, OK. Then he's seen it, then. You've seen it?
Mr. Edward Marquez (City Manager): We don't recommend it.
Mayor Carollo: I've had a request for an appearance. I passed it along to the Manager for the
request.
Commissioner Plummer: Fine.
Mayor Carollo: Have you gone through this item or not?
Mr. Marquez: We've reviewed it, and we don't recommend the item.
Mayor Carollo: OK. That's fine. We'll give him the opportunity that he wants to talk to this
Commission. Everyone has that opportunity, and that's why he's here today. David, go ahead.
Mr. David Alexander: Thank you, Mr. Mayor. Commissioners, good morning. I'm David
Alexander, executive director of Coconut Grove Local Development. The issue this morning,
Mr. Mayor, is a very simple one. We had requested funding for the CDC (Community
Development Corporation) to do affordable housing in West Coconut Grove, and what has
happened is that the City of Miami has recommended against it. The reasons for the
recommendation against it were retroactive application of a number of housing units that were
arbitrarily imposed on us, in spite of the contracts that we have with our City. We, in fact, have
produced housing in Coconut Grove. We've produced more housing, of course, in Coral Gables,
because that's been our main project. We are requesting to be refunded fifty thousand dollars
($50,000) for administrative funding. The reality is, Commissioner, that if we do not get this
money that we will put the corporation in serious trouble. On the other hand, the City of Miami
has imposed the same strictures that are on the CDCs, and since this has happened,
Commissioner Plummer, the City has funded all the other CDCs that applied for funding. The
Manager's position, if I understand it correctly, is that his original recommendation stays, in
spite of the fact that the Commission has already approved funding for other CDCs. So today,
I'm asking you to restore the funding to us which was arbitrarily cut, based on non -contract
items. And we are a producer in our community. I brought this morning board members of the
CDC. I'm going to ask them to address you, rather than just me stand up and flapping in your
faces. Good morning.
Commissioner Plummer: Before they start, and no... to their detriment, Mr. Clerk, I am
surprised that the clock is not working.
Walter Foeman (City Clerk): I'm sorry, Commissioner. It...
31 July 24, 1997
Commissioner Plummer: It should be two minutes per speaker, so notify at 30 seconds that their
time is up, and the microphone goes off. I thought that was the policy.
Mr. Foeman: Well, we've never done that for personal appearances, but if that's the directive,
I'll do it.
Commissioner Plummer: Oh, all right. Well, I...
Vice Mayor Regalado: Mr. Manager, do you have anything to respond to Mr. Alexander, or
Bob?
Bob Nachlinger (Assistant City Manager): Good morning, Commissioners. Bob Nachlinger,
Assistant City Manager. The Administration had originally recommended that five of the CDCs
should not receive funding, based on a criteria of performance. This particular CDC, over the
past two years, has produced four housing units, and has received fifty thousand dollars
($50,000) a year in administrative costs. Basically, that means that the administrative costs per
house produced is twenty-five thousand dollars ($25,000). We felt that was substantially in
excess of what it should be, and recommended not funding this organization. They have
produced a lot of housing within the City of Coral Gables. I understand Coral Gables does not
fund them for administrative costs, and I don't, quite frankly, believe that the City of Miami
should be funding Coral Gables' administrative costs.
Vice Mayor Regalado: It is true that this Commission went on record stating that we should
look into the performance of the different organizations. That is something that we did several
months ago when this Commission decided on the different funds. So, Mr. Alexander, do you
wish to... You have some...
Mr. Alexander: Thank you, Commissioner. The reality is, Commissioner, that we have, yes,
produced four homes in the City of Miami in the past three years. We are currently now under
construction on a fifth unit. But it's patently unfair for me to be put in a position of not being
funded, when, in fact, this Commission has funded other CDCs that have produced zero houses
in the last three years. So if there is going to be a standard imposed, Commissioner, I would
request that that standard be related to my contract documents, and that the CDC not be
penalized because of an arbitrary position taken. There is a history here, Commissioner, long
preceding your election to the Commission, and the reality is the City of Miami decided a long
time ago that the City of Miami would be the housing developer in Coconut Grove. Now, that
didn't work, as evidenced by what happened at St. Hugh Oaks. So where other CDCs have been
able to produce housing in the City of Miami, they have been funded with development costs by
the City of Miami. What the Manager has not made you aware of is the fact that these houses
that Coconut Grove LDC (Local Development Corporation) have produced in the last five years
have been produced without one single dollar of investment from the City of Miami other than
the administrative investment. So we have gone into a joint venture with the private sector to
build single-family homes on scattered site lots. We have produced. And unfortunately, we find
ourselves at loggerheads with an Administration, in spite of the fact that we are producing, and
unfortunately, I'm being put in the, position of criticizing my fellow CDCs because they're not
producing housing, yet they are receiving funding. So the question I have for you today is, what
is right? Are you going to fund a CDC that is producing, although not to the set arbitrary
standard, or are you not going to fund us because we didn't build 15 houses in three years? I
submit to you, sir, that if you give me the money to build 15 houses in three years, I will do it,
because we have done everything that we ever said we were going to do for the City of Miami.
And it's not... it's not the best thing in the world for me to stand here. It's better for my board of
directors to talk to the Commission, because somehow, I believe that you'll respond a little bit
more... better to them. Excuse me.
32 July 24, 1997
Vice Mayor Regalado: Well, thank you. We need to move, so we would appreciate it if you do
it quick, please.
Mr. Eric Knowles: Mr. Commissioner, I will be very brief. My name is Eric Knowles. I am a
former employee with the Coconut Grove Local Development Corporation as property manager
and project coordinator. I am now on the board of directors of the Coconut Grove Local
Development Corporation. David Alexander and the CGLDC has worked very hard over the
years to develop the community of Coconut Grove. We have built several houses, as he said, in
the community of Coconut Grove, some of those in Coral Gables. We are working very hard to
change the face of Coconut Grove and make it a better place for that community. We need your
support, your continued support that you have given over the years. And right now, we just
reach out to you for that continued support.
Vice Mayor Regalado: Thank you.
Mr. Jihad Rashid: Jihad Rashid, 3127 New York Street. Good morning, gentlemen. I'm a
member of the Coconut Grove Local Development Corporation as a board member. And
fortunately, we have a Commission that could sort out procedural things and arbitrary standards.
I think most of you understand and know the important work that's being done, and the potential
for additional work that this CDC has performed admirably in establishing. Albeit the housing
that they established was not in the City of Miami, it shows that they can and will... they have
the ability and the willingness to do this. All we need is support from you. You know the
conditions in Coconut Grove. There's not a question, "Can they do it or will they do it?" The
question is, "Will you see that we get the wherewithal to do it?" It's a very proactive
organization, and it's been very successful, has a great track record, and this is the basis to set a
foundation to cure a lot of other ills that afflict this community. So if we do not have any
progress, and if the progress is stalled, it's because some of us have failed to see and have that
vision, and we do have it. So I implore you, as a citizen, a taxpayer, and a voter, a hard working
board member, to do what's right. You could see through it. Thank you.
Vice Mayor Regalado: Thank you.
Mr. Louis Wechsler: My name is Louis Wechsler. I am the secretary of the Coconut Grove
Local Development Corporation. I joined this board seven years ago as a member of the South
Grove Homeowners Association. And I met this group at the police headquarters, and we were
trying to solve our crime problem in the South Grove. And we found out that our crime problem
was their problem in the West Grove. And I think everyone here today is listening to the
economic factors of the Coconut Grove Local Development Board. But this is a social welfare
agency. Eric Knowles came through this system. He's presently working for Pro Players
Stadium. He's a classic example of what this...
Commissioner Plummer: Oh, he loses.
Mr. Wechsler: Yes. J.L., he's come up through the ranks and worked his way to where he is
today, and we're very proud of Eric. And what we have is an organization here that serves the
community. And I would think in these times, when we're talking about redistricting...
Unfortunately, our, quote, "sister City," Coral Gables, considers Coconut Grove as an area...
even though we fall within their purview, and the fact that these homes were developed on Dixie
Highway, they have the worst de facto segregation of any community in the State. We're taking
up the responsibility, and we're doing other things. And I think that's what the example of the
LDC represents. And I really ask this Commission to, please support them in any way they can.
Thank you.
Vice Mayor Regalado: Thank you, sir. Just for the record, David, the Administration in the past
rejected some of the proposals of some of the organizations that you mentioned, but it was
33 July 24, 1997
overruled by the Commission. I don't know what... what is the will of this Commission, that we
will deal with the issue later on, or...
Commissioner Plummer: If you want my opinion, I would have to know and have the Manager
go back, tell me if we funded this organization... When did the funding start? The 1st of July?
The 1st of July. ... if we funded them to the tune of fifty thousand dollars ($50,000), where
would that money come from? Because remember, everything now is a balance. If we give
them fifty, we've got to take fifty from somewhere else to stay balanced. OK? Now, once that
is established, if we can do the fifty thousand, then, in my estimation, no longer will they use our
money for administration to build houses in Coral Gables.
Vice Mayor Regalado: Absolutely. That...
Commissioner Plummer: No, that's out of the question. They've raised the ad valorem taxation
of the City of Coral Gables with our money, and they did wrong. In my estimation, they did
wrong. We've got private developers in West Grove that are doing very well without them.
Now, we... If we do have the money and we decide that, in my estimation, we've got to set
criteria that is going to be very crystal clear, and they're going to do what we say, or amen. Bye-
bye. So my motion would be to say to the Manager to come back at the next meeting. Mr.
Manager, tell us, if we were to grant this fifty thousand dollars ($50,000), what would have to
give, and then this Commission can make an intelligent decision.
Commissioner Gort: Also... And I second the motion. I'd like to, at the same time when you
give the funding, for the contract to specify certain jobs that have to be done.
Commissioner Plummer: Absolutely.
Commissioner Gort: The performance. And some of these facades and that type of thing. I
don't know if this funding is particularly used for housing.
Mr. Alexander: Housing, Commissioner.
Commissioner Gort: OK.
Vice Mayor Regalado: There's a motion by Commissioner Plummer, second by Commissioner
Gort. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mr. Alexander: Discussion, Mr. Regalado? We're in our second month now, going into the
second month of the fiscal year. This funding is crucial to our keeping our doors open. I would
ask that you reconsider your motion, Commissioner, and direct the Manager to find the funds the
same place that he found the funds to fund the other CDCs that you overruled. The department
will. We need the money...
Vice Mayor Regalado: That cannot be done right now, David...
Mr. Alexander: We need the money right away.
Vice Mayor Regalado: ... because as a matter of fact, this Commission will have to deal with
some funds that need to be reassigned, and it would not be prudent to do it at this time But I am
sure, you can be sure that this Commission will be back even before September, with a special
item or discussion that we have to deal with, and that we will address that issue.
34 July 24, 1997
Mr. Alexander: Thank you, Commissioner. I just want to make it clear that we are in danger of
not having the money to operate our agency because of this misunderstanding with the City of
Miami. And I would like to really resolve the issue. Commissioner, for the record, sir, we are
completed with Grove Point in the Gables. That project is 32 single-family homes which are
appraising at about eighty thousand dollars ($80,000), which is twenty thousand more than what
we paid for them. The reality is that the City of Miami did not fund that project. Neither did the
City of Coral Gables. Dade County funded the project. So I want to make it clear for the record
that we were not using your money to operate in the City of Coral Gables. I would not do that.
Commissioner Plummer: Who benefited from the ad valorem tax increase?
Mr. Alexander: The City and the County... the City of Coral Gables and County.
Commissioner Plummer: The City of Coral Gables. And how did you keep your doors open,
administratively?
Mr. Alexander: Mostly by begging and scraping, and raising money in the private sector.
Commissioner Plummer: From who?
Mr. Alexander: Mostly, to do our projects, we went to the private sector and borrowed money to
do it, J.L.
Commissioner Plummer: And have you done it this time?
Mr. Alexander: We've maxed it out now.
Commissioner Plummer: OK.
Vice Mayor Regalado: Thank you.
Mr. Alexander: You know, this fifty thousand is one third of our admin. support. And that
means that... I only have a staff of four. That means two people have to leave the LDC if we
don't get this money. And it's patently unfair. We have produced for the City. We would like
to be recognized for that production, instead of penalized, when the City is funding other
agencies that have produced no housing units in three years. Thank you.
Commissioner Plummer: I hear you.
Mr. Alexander: Thank you.
Vice Mayor Regalado: Thank you.
35 July 24, 1997
•
•
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-504
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 3 (PERSONAL
APPEARANCE BY MR. DAVID ALEXANDER, EXECUTIVE DIRECTOR OF THE
COCONUT GROVE LOCAL DEVELOPMENT CORPORATION (CGLDC) TO
ADDRESS THE COMMISSION CONCERNING THE CITY'S COMPLETION OF
GOALS FOR COMMUNITY DEVELOPMENT CORPORATIONS) TO THE NEXT
REGULARLY SCHEDULED COMMISSION MEETING OF SEPTEMBER 9, 1997;
FURTHER INSTRUCTING THE CITY MANAGER TO INFORM THE
COMMISSION THAT IF THE CITY WERE TO FUND THE CGLDC WHERE
WOULD THE FUNDING COME FROM; FURTHER INSTRUCTING THE CITY
MANAGER TO INCLUDE A METHOD OF FUNDING ECONOMIC
DEVELOPMENT CORPORATIONS BASED ON PERFORMANCE CRITERIA IN
SAID RECOMMENDATION.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
----------------------------------------------------------------------------------------------------------------
8. (A) GRANT APPROVAL TO FUND LYRIC VILLAGE HOUSING
PROJECT IN OVERTOWN -- FURTHER INSTRUCTING CITY
MANAGER TO USE HOME FUNDS AND COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS FOR SAID PROJECT.
(B) EXPRESS INTENT TO FUND LYRIC VILLAGE HOUSING PROJECT
IN OVERTOWN -- FURTHER INSTRUCTING CITY MANAGER TO
FORWARD SAID INTENT TO METRO-DADE COUNTY BOARD OF
COUNTY COMMISSIONERS.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Regalado: Personal appearances, Mr. Donald Benjamin.
Commissioner Plummer: Brother Ben.
Vice Mayor Regalado: The St. John Community Development Corporation. This issue was
deferred on the last meeting, and... Go ahead, Mr. Benjamin.
Mr. Donald Benjamin: Well...
Commissioner Plummer: Mr. Manager, I don't see your recommendation here. It's not on the
agenda. It's the backup?
36 July 24, 1997
•
Bob Nachlinger (Assistant City Manager): Yes, sir.
Commissioner Plummer: Just... Well, put it on the record. What is it?
Mr. Nachlinger: The Administration's recommendation on this item is that the... We come
forward to you on the next Commission meeting with a process developed to allocate these
Home dollars. Right now, the process is effectively a first come, first serve process. We don't
think that is a very effective and/or reasonable process to allocate these dollars. And we're
working on a plan to come forward to you for another way to allocate these funds.
Mr. Benjamin: Well, Mr. Mayor, this is most unfortunate, because last year, when we were
ready to move forward our package, we were told we had to wait and take our turn, and that's
what we have done, precisely. We have waited for a whole year. And in negotiations with the
staff, we were told that, yes, the money is available this time, so you are in place. And this is
where we are. Why should we have to go and wait again?
Commissioner Plummer: That's a good question.
Commissioner Gort: Let me ask a question. This has been on the table for two years now, is my
understanding. And we had made a certain commitment to that one area to improve home
ownership?
Mr. Elbert Waters (Director, Community Development): Good morning. How are you doing?
Would you please repeat the question?
Commissioner Gort: My understanding is this has been in the drawing board now for two years.
It's been in front of us. Humberto, this has been in front of your board, too, hasn't it?
Commissioner Hernandez: That's correct.
Commissioner Gort: And if the funds are there... And I think this is a project that we looked at
and staff looked at it.
Mr. Waters: Yes, sir. And we have been working with the developers for that length of time,
and, sir, we are in a position to work with them to further that development project.
Mr. Edward Marquez (City Manager): Commissioner Gort, I met with the... with this group, and
I... As Manager, I like the project. I like what I see. And the issue that we're faced with here
right now is, you know, when you have a large grant amount, what is the... You know, what
process do you go through to allocate the funds? Now, it's perfectly within the realm. We can
allocate the funds today to this group, if that's the will of the Commission, and the
Administration would not be adverse to that, because as I figure the priority of items, the waiting
of things... the criteria to be developed for that process, I believe this particular project will score
high. So if it's the will of the Commission to allocate, we're in agreement.
Vice Mayor Regalado: We're talking... We're talking... This is coming out of the money that
we know now exists.
Mr. Waters: These funds will be coming out of the City's Home allocation...
Mr. Marquez: Which is a portion of...
Mr. Waters: ... portion of construction, which is a part of our total CDBG (Community
Development Block Grant) allocation.
37 July 24, 1997
Commissioner Plummer: What's the balance in that account?
Mr. Waters: Let me get my notes.
Vice Mayor Regalado: Five million.
Commissioner Hernandez: There's about five million and some... a quarter.
Vice Mayor Regalado: Five million for...
Commissioner Plummer: Well, the second question is, how much are they requesting?
Vice Mayor Regalado: One million.
Mr. Waters: They've requested one million, and this... in their particular proposal, which is
called Lyric Village.
Commissioner Hernandez: Mr. Waters, in the memorandum that was sent by the Manager's
office to all the Commissioners, I think it was identified as approximately eight point five
million dollars ($8.5 million) available between CDBG funds; is that correct?
Mr. Waters: Yes, sir, approximately.
Commissioner Hernandez: I have a question as to Mr. Benjamin's project, which I... like I stated
on the record, I have no problem with your project, whatsoever, and I just.wanted to make sure
how much money was available, so we can spread it across the community. My question is,
there are other funds available, CDBG, as well as Home. Can this project be structured in a way
where we can use half of the monies at Home and half from CDBG, and structure that half of
CDBG as a grant, so we could use some more of the Home funds to other housing projects that
are in the community?
Mr. Waters: Half the money could be used for this particular project, Commissioner Hernandez.
The other half, we would have to work out the particulars, because of the other restrictions that
would be associated with the use of the other CDBG funds that would... We would have to work
really close with the developer in order to make certain that it could be accommodated through
that end.
Commissioner Hernandez: Because as we stand today, if we were to give Mr. Benjamin exactly
what he wants, there would be no more Home funds, correct?
Mr. Waters: Correct.
Commissioner Hernandez: That's what I'm trying to avoid. That's...
Mr. Waters: We would...
Commissioner Hernandez: You know, that's it.
Mr. Waters: We would be in a position, though, Commissioner, in our next round, which would
be available...
Commissioner Plummer: He said five million balance...
38 July 24, 1997
Commissioner Gort: Excuse me. Excuse me. My understanding is...
Commissioner Hernandez: What was the answer?
Mr. Waters: The answer, Commissioner Hernandez, is that we... Assuming the Lyric Village is
approved by this Commission, and funded, the Home allocation would be extinguished for this...
for this year. However, we will be in a position in our next round, which would be beginning
July 1 of '98, we would get our additional allocation, of which there are no commitments that are
out there, to our knowledge.
Vice Mayor Regalado: Yeah, but can you do what Commissioner Hernandez is saying? Can
you...
Commissioner Hernandez: Split.
Vice Mayor Regalado: ... split?
Mr. Waters: Yes, we can, with restrictions.
Commissioner Hernandez: OK.
Mr. Waters: That's what we would have to work out.
Commissioner Gortc My und€rstanding,o.
Vice Mayor Regalado: Is there any motion?
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Hernandez: Yeah, I know. That's why I want to get to it. Go ahead, yes.
Commissioner Plummer: Yeah, but why are they telling me you have a balance of five million,
they want one, and that extinguishes all of the funds?
Mr. Waters: Well, Commissioner Plummer, be reminded that these are... We have a variety of
funds within our various different programs. In the instance here, Home, Home basically speaks
to new construction. So this project that is before you today is a new construction project that's
being presented by the St. John's CDC. There are other projects that we have. We have a
multifamily rehab program, which is strictly... alludes to or works with developers to do
multifamily, bringing those units on line in terms of improvement. And then the others are new
construction. So there's a variety of programs that we have available to do various different
affordable housing projects.
Mr. Benjamin: Mr. Mayor, I'm a little concerned. I understand your direction, Commissioner.
But again, I feel put upon, because last year, we were in the position where we were ready to
move in terms of making an application for these funds to move forward. Allocations were
made out of the existing funds last year that completely wiped us out. We were not able to move
forward. We came back this year, and in negotiations with the staff, we were told, "Yes, you are
on line now, and you can do so." And this is where we are. And we would certainly hope that in
the kindness of your heart and the consideration of the serious urgency of this project, you would
just allow us to go forward, because we are really ready to go forward.
39 July 24, 1997
Vice Mayor Regalado: Excuse me. What... The Commissioner is saying that he is not saying
no to the million dollars ($1,000,000). He's just saying that we're trying to split, so we can
evenly designate some funds...
Mr. Benjamin: Oh, I quite understand that.
Vice Mayor Regalado: ... to the rest of the community.
Mr. Benjamin: I quite...
Commissioner Hernandez: I'm looking to fund your project. I'm just trying to find out ways,
because all of a sudden, there's a lot more money that exists that was not told to us at the
beginning when we first started this, months ago. So...
Vice Mayor Regalado: And there are other programs that do have merit, and we... This is why
we're trying to get the balance. But I think that what you're hearing here is... The will of the
Commission is to arm the Administration to fund your program.
Mr. Benjamin: I'm not trying to be unreasonable. I'm just trying to comment on what I think I
am hearing.
Commissioner Gort: Mr. Benjamin, we're working with you.
Vice Mayor Regalado: The restrictions...
Commissioner Gort: We're working with you. Give us a break.
Mr. Benjamin: Well, when you talk about the restrictions of the CDBG funding, that bothers
me.
Vice Mayor Regalado: OK. I was going to ask that. And the restrictions... Mr. Waters, do you
believe that they will not be able to pass the test, in terms of those restrictions that would give
them half of the money that they need?
Mr. Waters: They would be able to pass that test, Mr. Vice Mayor.
Commissioner Plummer: I don't know. I haven't seen any...
Mr. Waters: Again, these... Again, these funds are... the ones that would be restricted would be
attributable to those individuals who meet low and moderate income levels, and that's the target
area of which this developer would be proposing within the community redevelopment area of
the City of Miami.
Vice Mayor Regalado: So is there a motion to proceed with the funding? Do you want to
structure your motion, in terms of splitting the...
Commissioner Hernandez: I'd like to... Somebody else wants to talk, but I... for discussion
purposes, my motion is to fund this project by way of giving them half the monies from the
Home funds, and the other half from the CDBG funds.
Vice Mayor Regalado: Mr. Manager.
Mr. Marquez: Commissioner, may I offer that... don't specify exactly half and half. Just
structure it so that we will take it from these two pots of funding, with the intent to maximize
what's left over in the Home funds.
40 July 24, 1997
Commissioner Hernandez: That's tine with me. Go ahead, sir.
Mr. Carlos Martell: Carlos Martell, Allapattah Business Development Authority. We also
submitted an application to the staff for a project. And the urgency of these gentlemen, I
understand it very clearly. They're trying to apply to Dade County funds, and Dade County will
not authorize them to use any of the funds unless they're... they have participation of the City.
That's the same thing we face, and that's what I've been trying to stress to staff, that we would
like to see our project approved, also, so that we can go forward with our project to Dade
County. The last year... We received County funds in 1995 for a project that we were doing,
and we didn't get the City's participation until '96, and we almost lost the County's funds.
We're trying to do things now the way the County wants them done, which is get first approval
from the board of the City of Miami, and then proceed to the County. And we presented the
package, but the package never made it past the staff.
Mr. Waters: Well, if I may. The... Again, we are... The Administration attempts to work with
all of the developers. The County places, as the gentleman has stated, certain restrictions. In
other words, if they fund, the City must have a commitment. In this case, what we've done is,
we've worked with the group that Mr. Martell is speaking of. Actually, they've gone to closing.
This is Ralph Plaza I, which is in Allapattah, which we've already closed on. And so again, we
are... As the projects come before us, and the timing that's associated with them, we try to assist
the developer in making certain that they are able to implement their respective projects.
Commissioner Hernandez: I understand that, Bert. That's what... What I'm trying to get at with
my motion is that a group or... his agency, for example, the Allapattah - what is it? -
Development...
Mr. Martell: Allapattah Business Development Authority.
Commissioner Hernandez: ... Business Development Authority...
Mr. Martell: But let me correct one thing. We're talking about Ralph Plaza II, which we applied
for on July 2nd of this year.
Mr. Waters: No, I'm speaking of I, the one that we funded.
Mr. Martell: Yeah. That one is under construction already, and those funds are approved. The
one that I'm talking about was the application that we submitted so that we could apply for this
year's round of Home over at the County is for acquisition of predevelopment. And we could
use the half million dollars of the Home dollars. That would be enough, right now, committed to
us and to them so we could proceed with our application. Otherwise, we would have to stay
back and wait for another year to apply for that second phase, as well.
Mr. Waters: The County needs from us only a commitment from the City that its intent is to
fund that particular project. We've done that in the past with other agencies, and it has worked
well. BAME (Bethel African Methodist Episcopal Church) has, and also St. John has been in
that same type of scenario. And as the project comes before us, we try to help to the best of our
ability.
Commissioner Hernandez: Mr. Waters, as in this case, this gentleman, has Mr. Hepburn and the
rest of the staff been able to review, at this point in time this project that he is speaking of in the
Allapattah community?
Mr. Waters: We have not completed the review process for this project.
41 July 24, 1997
Commissioner Hernandez: OK.
Vice Mayor Regalado: OK. So we'll bring this issue when the Administration finishes the
review.
Commissioner Hernandez: Right. My motion is to... as we said, to do... find a way to use both
funding areas, Home and CDBG, as well as we can, so we can spread the pot as good as
possible.
NOTE FOR THE RECORD: Commissioner Carollo enters the
ommission chamber at 11:06 a.m.
Mr. Benjamin: You know, Mr. Mayor, I'm a little bit concerned. They got from the last year
out of the same pot that we were...
Commissioner Plummer: Bob, that's not capital improvement money.
Vice Mayor Regalado: We are not... The motion here doesn't have to do anything with him.
Mr. Benjamin: I'm only talking about a little fairness around here.
Vice Mayor Regalado: But he's dealing with the Administration. This Commission is taking
action on your program right now.
Mr. Benjamin: I definitely appreciate that. But when he comes up here and asks for money,
when he was funded last year out of the same pot that we were trying to get funding from, and
now he wants to come and get funded out of what we thought we would get...
Vice Mayor Regalado: But we're... What we're dealing... Mr. Benjamin, we're dealing here
with you, not with him.
Mr. Benjamin: Well, he's just standing...
Vice Mayor Regalado: Well, he has a right to speak, but...
Mr. Benjamin: Of course, and I won't deny that. I have a right to speak, which is exactly what
I'm doing.
Vice Mayor Regalado: Absolutely. But we're... What the motion here is... It's about you, your
program. So there is a motion.
Commissioner Hernandez: Right. My motion, Mr. Benjamin is... We want to fund your
project, there's no question about it. I don't want you to misinterpret what I'm saying. What
I'm just saying is, let's use the monies that we have in Home, as well as CDBG, so we can work
it out for a lot of different agencies that are out there. But you will get funded.
Commissioner Plummer: Call the roll. Call the roll.
Vice Mayor Regalado: And in the Allapattah case, we should have... we should have ready the
Administration report, and bring it back.
42 July 24, 1997
Mr. Martell: Commissioner, I understand that.
Vice Mayor Regalado: There is not going to be a motion in your case today. You understand
that.
Mr. Martell: OK. Well, that's precisely what I was trying to get, because the Administration
didn't present the package for us, and we... They're going to present it, and the application is
due on July 31st. So if we don't get a commitment today, that means that when we apply for
Dade County, we're going to be turned down from Dade County, as well. This project will not
proceed until two years down the line.
Vice Mayor Regalado: Well, I mean, this Commission cannot be submitted to this situation
without knowing exactly what the Administration will...
Commissioner Plummer: My God...
Commissioner Gort: Let's hear from... I think Mr. Waters wants to make a statement. Excuse
me.
Commissioner Plummer: Wait a minute. I'm leaving. Goenaga has got a coat and tie on. I'm
getting out of here.
Mr. Waters: What I was about to say, Commissioner Gort, is that what the agency would need,
if it's the privy of the Commission, would be just an intent to fund their particular project. They
can carry that with them to Metro Dade County and that would solidify their application as it
relates to their proposed project.
Commissioner Hernandez: No.
Commissioner Gort: Thank you. Excuse me.
Commissioner Hernandez: Go ahead.
Commissioner Gort: OK. We had... Let's get rid of this portion first, Carlos, and then we'll
deal with you.
Vice Mayor Regalado: OK.
Mr. Martell: OK.
Commissioner Hernandez: Right. Right.
Vice Mayor Regalado: There is a motion by Commissioner Hernandez, seconded by
Commissioner Gort. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
43 July 24; 1997
The following motion was introduced by Commissioner Hernandez, who moved its adoption:
MOTION NO. 97-505
A MOTION GRANTING REQUEST FROM ST. JOHN COMMUNITY
DEVELOPMENT CORPORATION TO FUND THE LYRIC VILLAGE HOUSING
PROJECT, PLANNED IN THE OVERTOWN AREA BY UTILIZING FUNDS FROM
THE HOME FUNDS AND FROM COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Vice Mayor Regalado: Now, Commissioner Gort.
Commissioner Gort: You got your funding.
Mr. Benjamin: Thank you very much.
Commissioner Gort: Carlos.
Mr. Martell: Yes.
Commissioner Gort: My understanding is, we can have a motion where the City has a
commitment to fund this, and you can present that to the County. That's my understanding.
Commissioner Plummer: Move.
Mr. Martell: That's correct. An intent...
Commissioner Plummer: Move it.
Commissioner Gort: It's been moved.
Commissioner Hernandez: Second.
Commissioner Gort: Second.
Vice Mayor Regalado: OK. There is a motion by Commissioner Gort, seconded by
Commissioner Hernandez. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
44 July 24, 1997
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 97-506
A MOTION OF INTENT TO FUND ALLAPATTAH BUSINESS DEVELOPMENT
AUTHORITY IN ORDER THAT SAID AGENCY MAY PROCEED WITH
APPLICATION OF FUNDS FROM METRO-DADE COUNTY.
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Vice Mayor Regalado: Bye.
Commissioner Gort: Bye.
----------------------------------------------------------------------------------------------------------------
9. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 5 (PERSONAL
APPEARANCE: GREGORY SIMPSON TO REQUEST PERMIT FOR
FARMER'S MARKET) TO SCHEDULED MEETING OF SEPTEMBER 9,
1997.
Vice Mayor Regalado: We...
Mr. Marquez: What if staff says...
Vice Mayor Regalado: We have Mr. Gregory Simpson here. There is a personal...
Commissioner Plummer: He's not here.
Vice Mayor Regalado: Number 5. Not here?
Commissioner Plummer: I move to defer it to the next Commission meeting.
Commissioner Hernandez: Second.
Vice Mayor Regalado: OK. There is a move to defer this item, the Farmers Market in Coconut
Grove, to the next Commission meeting. Motion by Commissioner Plummer, seconded by
Commissioner Hernandez. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
45 July 24, 1997
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-507
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 5 (PERSONAL
APPEARANCE BY MR. GREGORY SIMPSON TO ADDRESS THE COMMISSION
TO REQUEST A PERMIT TO ESTABLISH A FARMER'S MARKET TO BE HELD
ON WEEKENDS ONLY) TO THE NEXT REGULARLY SCHEDULED
COMMISSION MEETING PRESENTLY SCHEDULED FOR SEPTEMBER 9, 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.
----------------------------------------------------------------------------------------------------------------
10. GRANT REQUEST BY BEAUTIFICATION COMMITTEE FOR FINANCIAL
SUPPORT -- ALLOCATE $2,500 -- FURTHER INSTRUCT CITY MANAGER
TO ASSIGN PART-TIME CITY STAFFING IF AVAILABLE AND NEXT
$10,000 IN ZONING APPLICATION DONATIONS.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Regalado: Number 6, Stephen Pearson.
Commissioner Plummer: What is the recommendation of the Manager?
Vice Mayor Regalado: Right.
(APPLAUSE)
Commissioner Plummer: Mr. Manager, what is your recommendation?
Mr. Edward Marquez (City Manager): The recommendation is, in keeping with the five-year
plan, the recommendation is not to fund an organization such as this, at this point in time.
Commissioner Plummer: That's not going to fly, but go ahead.
Commissioner Hernandez: Yeah, that's... yeah.
Vice Mayor Regalado: Mr. Manager... OK. Let's hear first from Mr. Pearson, and then we can
discuss some ideas that we could bring to this table. Sir.
Commissioner Plummer: Wait a minute, wait a minute. Tomas, I want the Manager to look
those ladies in the eye and tell them you're not going to give them any money.
46 July 24, 1997
Vice Mayor Regalado: Or help.
Mr. Marquez: We could possibly give some help.
Vice Mayor Regalado: OK.
Mr. Stephen Pearson: OK. Good morning, Commission. I'm Steve Pearson, and since 1991,
I've had the honor and privilege of leading a wonderful group of volunteers called the Miami
Beautification Committee. Today, in the second and third row, we have some of the leadership
of the committee, and earlier, Larry Schatman (phonetic) and George Childs were also here, but
they had to go because of the time constraints.
Commissioner Plummer: What's the minimum amount of money that you can get by with?
Mr. Pearson: You don't want to hear about what we've been doing for the City?
Commissioner Plummer: I want to hear the bottom line first, and I might tell you don't waste
your time.
Mr. Pearson: We'd like a minimum of fifteen thousand dollars ($15,000).
Commissioner Plummer: You'll not get it. Now, let's go from there.
Mr. Pearson: OK. As a native of Miami, I have, during my last 44 years, seen a lot of progress
in the City. But I think it's all fair to say that in terms of beautification and environmental
health, it's been a history of degradation. And when I agreed to become chairman of this
committee six years ago, it was because I believed that Miami could be the most beautiful City
in the whole world. And my personal interest was to further that goal, to plant trees for
ecological benefit and beautification throughout the City. During the last six years, this
committee has planted well over a thousand trees in the neighborhoods, parks and major
highways in Miami. I think it's safe to say we've also distributed at least another thousand trees
to the citizens of different homeowners' associations. Just last weekend, we planted 117 trees in
Margaret Pace Park. At the same time, under the leadership of Albina Sumner, 35 trees were
planted up in the Allapattah section. We also donated trees this past weekend to the Shorecrest
Homeowners Association. This year alone, we've already planted well over 200 trees with
another 200 trees on the agenda to be planted during the remainder of the summer. We've been
doing this without any formal recognition of the benefits of this work from the City, and I think
it's important to note the efforts of our work are recognized in the community, and they've been
recognized around the State and in the country. In 1993, the Florida Urban Forestry Council
designated the Miami Beautification Committee as the most outstanding group in the entire State
of Florida for civic beautification. In 1994, and this was really because of my efforts with the
committee, I received the award from the Urban Forestry Council as the most outstanding
individual in the State of Florida. In September 1995, again, because of my efforts with this
committee of volunteers, the American Forest and the National Forestry Council gave me an
aware called the Urban Forestry Medal, as being the most outstanding individual in the entire
country for planting trees, and civic beautification. So I think there is recognition of the value of
the work this committee is doing. Although the committee has other functions, the other major
thrust besides the tree plantings has been the Royal Poinciana Fiesta. The Royal Poinciana
Fiesta is a tradition that goes back in this City for many years, and under the leadership of people
like Cathy Gaubatz and others, they've been working extremely hard to revitalize this thing.
Each year, our attendance grows and gets bigger and bigger. And we think that the Royal
Poinciana Fiesta is a tremendous source of community pride at a time that this City needs it, this
community needs it. We think it draws the community together and... understanding the special
47 July 24, 1997
attributes that we have in South Florida, and how to realize these attributes, and how to make
Miami the great, great City that it should be. We think the Poinciana is a forum for celebrating
all the special aspects - tropical horticulture, ecology, the wonderful benefits we have here.
Commissioner Plummer: Steve, can I try something on for size? I'll donate twenty-five
hundred, which I have in my budget, if the rest of the Commission will do the same.
Commissioner Hernandez: I thought we couldn't do that.
Commissioner Plummer: Well, I just asked him. As long as it's for...
Commissioner Hernandez: I wanted to do that for a hundred and forty dollars ($140), and they
told me no.
Commissioner Plummer: Well, I just asked the question.
A. Quinn Jones, III, Esq. (City Attorney): You didn't ask me.
Commissioner Hernandez: Well, I asked it on the record here for a bubble stage for...
Mayor Carollo: Commissioner, I will say this for the record. While I applaud any stance that
any member of the Commission would want to take, I would not set public policy, making it a
fitting process up here and giving to different groups, because if not, there's not going to be an
ending as to what's going to happen. If any Commissioner would want to do such a thing, I
would suggest they meet with the Manager or the City Attorney, and do it on their own. But I
think that...
Commissioner Plummer: Well, all right.
Mayor Carollo: ... this is going to open up Pandora's box again...
Commissioner Plummer: All right.
Mayor Carollo: ... in a different way from the resolution that we have on record.
Commissioner Gort: Mr. Mayor, let me ask a question, and we've been able to do this in the
past. We've had people come in front of us and would not get funding, but we have gotten the
private sector to go ahead and make donations, and we have been able to do some of that.
Mr. Pearson: Well, if I can finish, Mr. Gort, we... You know, the last two years, we've not
received a penny from the City.
Commissioner Gort: No, I understand.
Mr. Pearson: And we have been getting... going on with these projects, planting trees or the
Poinciana Fiesta, based solely on the private sector's support.
Commissioner Plummer: I mean, how can you ask people to serve on a committee and don't
give them a dime, and they're part of the City?
Commissioner Gort: What I'm saying is... and I'll commit to work with you. We are the ones
that go to the private sector and get the funding for the organization. I'm willing to do that,
because as your organization, like many others that come in here, we've been able to help quite a
few of them through the private sector.
48 July 24, 1997
Commissioner Plummer: All right. Let's do it this way. The City Attorney tells me I have the
right to give you twenty-five hundred from my budget, which doesn't need a resolution. And I
think between the five of us, we can go out and raise at least ten thousand dollars ($10,000).
Mr. Jones: It does need a resolution.
Commissioner Plummer: Huh?
Mr. Jones: It does need a resolution.
Commissioner Plummer: All right. Then I'll make a motion that twenty-five hundred dollars
($2,500) from my budget be allocated to the...
Vice Mayor Regalado: Wait, wait. J.L., J.L., can... Besides the money that we could get in the
private sector and within our budget, they need somebody to help them with the paperwork.
This is a very hard working committee. And I would also add to your motion to direct the
Administration to have somebody from either Parks or Public Works, people that deal within...
what... in the City to be the liaison and work with them, do the paperwork that they need for this
committee, and help them, not only with the money that we are going to get, but with the support
from the City. I don't think that we cannot spare one person, say one or two days a week, to
work with this committee whenever they have an activity like the Royal Poinciana Fiesta.
Commissioner Plummer: All right. Can I amend my motion?
Commissioner Hernandez: Hold... I was about to second your motion.
Commissioner Plummer: My motion... My... Well, listen to my motion. I'm going to change
it. My prerogative. Approving twenty-five hundred dollars ($2,500) from my budget for an
immediate infusion; number two, that the City Manager will make part-time - as much as
possible - staff available; number three, that up to ten thousand dollars ($10,000) from the next
ten thousand dollars ($10,000) of donations that we receive on zoning applications be forwarded
to this committee. I so move.
Commissioner Hernandez: I second the motion. I... for discussion. I have a question for the
City Attorney. When I tried to do this months ago, I was told... not by you or your office.
Commissioner Plummer actually was the one that said I couldn't do it, and I wanted to ask -
that's why it's so funny this is coming up - that we did not have funding, you know, like the rest
of the Commissioners in the County that have, I believe, two hundred thousand dollars
($200,000) that they could spread around.
Commissioner Plummer: They have two hundred thousand, yeah. We used to have it. We...
Commissioner Hernandez: Why do we have in my budget... obviously, it's earmarked for a
whole bunch of different things, travel and all that kind of stuff. If it's not earmarked this kind
of stuff, can we still do it?
Mr. Jones: Well, if you want to reallocate it, you can always reallocate the dollars to wherever
you want to spend it. And the key being as long as it's for a public purpose.
Commissioner Plummer: Right.
Commissioner Hernandez: You owe me a hundred and forty dollars ($140), J.L.
49 July 24, 1997
Commissioner Plummer: Send me a bill.
Commissioner Hernandez: All right.
Commissioner Plummer: I'll pay you Friday night.
Commissioner Hernandez: I'll second the motion.
Mr. Marquez: Commissioners, on that motion, the last ten thousand dollars ($10,000) from
zoning applications is general fund money that is already committed.
Commissioner Plummer: How can you commit something when you don't know what we're
going to get?
Mr. Marquez: We commit future estimated revenues all the time to balance our budgets. So
what I would ask at this point in time is that... that's not a new revenue source.
Commissioner Plummer: What's not a new revenue source?
Mr. Marquez: Zoning application fees is...
Commissioner Plummer: I'm not talking about fees.
Commissioner Gort: No, no. Donations by applicants.
Commissioner Plummer: Donations.
Mr. Marquez: Private donations?
Commissioner Plummer: Private donations.
Mr. Marquez: OK. I...
Commissioner Gort: It could be a volunteer donation.
Commissioner Plummer: Right.
Mr. Marquez: I stand corrected.
Commissioner Plummer: And there is a fund already existing. All right. Call the question in a
hurry. No!
Ms. Cathy Gaubatz: Can I just ask one quick question? I'm Cathy Gaubatz, and I've been the
chairman of the Royal Poinciana Fiesta for the last eight years...
Commissioner Plummer: Make the Mayor the king this year.
Ms. Gaubatz: ... and a member of the committee for at least 17. We have always been funded
by the City, and we are a City committee. We are not an organization separate from the City.
Steve Pearson sends out his information on City stationery. We are not a private, non-profit,
separate from the City. We are the City.
Commissioner Plummer: You're going to talk yourself out of money.
50 July 24, 1997
Ms. Gaubatz: ... so that we expect funding not out of funds for something outside of the City.
We are the City. So that is a very important difference. And we go to the public, and we
represent... Every drop of PR (public relations) that I send out to national magazines has the
City of Miami with a seal, "Beautification Committee." You are the ones that get the reflected
glory when we are mentioned in national magazines, when we are on the front page of the Miami
Herald. Every single one of you got the package that I sent to you with 20 pages of PR that you
get from our good works, from all the members of our Poinciana Committee. This is PR for the
City. This is good works for the City. Joy Landy has scholarships for the Royal Poinciana
Queen and her young women. So this is not a CBC that comes here from some place else. We
are you. We have been funded since Al Pallot did...
Commissioner Plummer: You better quit while you're ahead.
Ms. Gaubatz: So therefore, thank you for your consideration.
Commissioner Plummer: You're talking yourself out of money.
Ms. Gaubatz: No, J.L.
Ms. Joy Sumners Friston Landy: Good morning, you gentlemen. I have met four Presidents and
spoken to them, and never felt the emotion I felt here this morning before you.
Commissioner Plummer: Is that good or bad?
Ms. Landy: That's very good.
Commissioner Plummer: All right.
Ms. Landy: No, I must tell you, because, you know, I'm very young and have had no past
experience. But I know you'll know that I'm much too young to tell you that I've been with
your City as a volunteer for the past two decades. And besides the trees, God's work that we
have offered to our community, that we love so dearly... and I've lived here and voted for 50
years. I have brought you projects that have brought you a great deal of positive thinking from
our community... love, in fact. I have, at first, originated an activated alone. They wouldn't
believe that it could be done for a small neighborhood award, but you probably saw publicized, a
great deal of publicity in the papers, as I do now get much publicity for the scholarships that I
have given practically by myself. The Northern Trust, the Sun Trust, friends of mine. Cathy and
I have each given two hundred and fifty dollars ($250) apiece, because we've gotten nothing
from you for the past couple of years.
Commissioner Plummer: (Unintelligible). I've got to leave here at six.
Mayor Carollo: Three, four...
Ms. Landy: Now, these scholarships, that's... I'll just take a couple of minutes, it's terribly
important. We do need money for these scholarships, as well as everything else. And these
scholarships are given to graduating senior high school girls who are at the top of the list in their
class, in their graduating class, and that is a very beautiful and outstanding thing to have happen
for your City. Now, I say that what you have just decided is lovely. I appreciate it very much.
Please try to extend it so that I can feel that I could give a little more to these lovely, lovely girls
whose pictures I have given you during the coronation. We have everything that you would
think of to exploit our lovely government, as well as the community, Jack.
Commissioner Plummer: Don't boys play pianos?
51 July 24, 1997
Ms. Landy: I beg your pardon? I thank you all very much. Your mothers must be proud of you.
Commissioner Plummer: You know, the day cannot go by without introducing Ruth Katzewitz,
who is of this community. We love her. She is so involved in every project that you can think
of. Ruthie, we love you. We want you to stay around forever.
Commissioner Gort: Steve, get together with me later on, on the budget.
Mr. Pearson: Sorry?
Commissioner Gort: Get together with me later on, and we can get somebody in the private
sector to work with you, also.
Mr. Pearson: OK. I appreciate that.
Commissioner Gort: Besides what we're doing here today.
Commissioner Plummer: That is if we call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-508
A 'RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM ACCOUNT
CODE NO. 210301, IN THE AMOUNT OF $2,500.00 TO THE COMMITTEE ON
BEAUTIFICATION AND ENVIRONMENT, ACCOUNT CODE NO. 920801, FOR
THE PURPOSE OF ASSISTING SAID COMMITTEE IN TREE PLANTING AND
OTHER BEAUTIFICATION AND ENVIRONMENTAL PROJECTS WITHIN THE
CITY OF MIAMI; FURTHER DIRECTING THE CITY MANAGER TO MAKE PART-
TIME STAFF AVAILABLE TO SAID COMMITTEE; STIPULATING THAT THE
FIRST $10,000.00 RECEIVED FROM PRIVATE DONATIONS IN CONNECTION
WITH ZONING APPLICATIONS BE ALLOCATED TO SAID ACCOUNT.
(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.
Commissioner Plummer: I'm scared to go back to my staff now.
Mr. Pearson: Thank you very much.
52 July 24, 1997
Mayor Carollo: Sure. Thank you very much for all your work, ladies.
Unidentified Speaker: And gentlemen, and gentlemen.
Mayor Carollo: And gentlemen, of course.
Commissioner Plummer: I still think Carollo ought to be the Poinciana King this year.
Mayor Carollo: Well, the flowers, I think, go more with Mr. Plummer's tie, which, by the way,
congratulations.
Commissioner Plummer: For?
Mayor Carollo: The tie.
Commissioner Plummer: You like that?
Mayor Carollo: Yes.
Commissioner Plummer: Oh. OK. It's bad for my business. It wakes up the dead.
----------------------------------------------------------------------------------------------------------------
11. PERSONAL APPEARANCE: GENA SCOTT-LOVELASS TO REQUEST
CITY FACILITIES TO HOUSE MIAMI MEGA CITY SPECIAL OLYMPICS --
FURTHER DIRECTING CITY MANAGER TO LOOK FOR INTERIM SPACE
INCLUDING RICO PEREZ' OFFICE BUILDING AT CORAL WAY AND 22
AVENUE.
Mayor Carollo: OK. We're on item number 8.
Vice Mayor Regalado: Seven, 7.
Mayor Carollo: Seven.
Commissioner Plummer: Seven, 7. I'm sorry.
Mayor Carollo: Seven.
Commissioner Plummer: Special Olympics. Mega City. Who's here? Hello? Good-bye.
Mayor Carollo: Before you begin, were you able to contact Dr. Manuel Rico -Perez that offered
you some free space?
Ms. Gena Scott-Lovelass: Doctor who?
Mayor Carollo: Dr. Manuel Rico -Perez. He had offered some space, free space for you?
Ms. Scott-Lovelass: That's the first time I've heard that name.
Mayor Carollo: That's the first time you've heard that?
53 July 24, 1997
Ms. Scott-Lovelass: Mm-hmm.
Mayor Carollo: No one contacted you to give you his name and number?
Ms. Scott-Lovelass: No.
Mayor Carollo: OK. Then before you go, if I could see you, I'll make sure. I'll take you to my
office so that they can give you his name and number, because he's got free space on Coral Way
that he's willing to give you.
Ms. Scott Lovelass: Oh. OK.
Mayor Carollo: Real nice space.
Ms. Scott Lovelass: Very good. Thank you. I am Gena Scott. I'm the director of the Miami
Mega City Special Olympics Program. And it's the caretaker of over 3,000 athletes. We have
approximately 50,000 individuals in our community who have mental retardation and can benefit
from our program. As things have come down, and we've kind of gotten caught in the middle of
some political negotiations with the City, only because we happen to be... our base of operation
is located at the Orange Bowl, which has been the major point of contention as to who would be
there, and when they would be there, and so forth. But before I get into that, I would first of all
like to say that I very much appreciate this City's support. We first occupied the office space
there in the Orange Bowl in 1991. When the Mega City Program was developed, the Shriver
Foundation came down and gave seed money, because the Mega City Program was needed,
because we have such a large population here in this area. In order for it to grow, it needed a
strong base of community support. And although the Shriver Foundation may, in its name, seem
that there's a lot of dollars connected to it, locally, we are on our own, and we depend on the
City and the County to support us, and which they have done a very fine job. And we really
want to say thank you. And our athletes are also here to say thank you for the time that we've
been given in the Orange Bowl. The dilemma that we have been faced with... And we've
known for some time, just basically from reading in the paper, that it was possible that might
have to leave. But, of course, we didn't know if and when, and if... possibly a soccer team
would share space, et cetera. So we've been on hold. And as of the 1st of July, we were
informed that we would have to vacate the space. During that time, we've been diligently
looking for places that would be viable base of operations. And we just got back from State
games, which took a lot of energy. We took three busloads of athletes, some of which you see
here today, to Kissimmee, and they competed, and we are so proud of them. You may recall the
last time we appeared before this Commission, we were here to honor our world sailing team at
the World Games, who came back with gold medals. So we always get a lot of satisfaction out
of bringing pride to the community of their accomplishments. But what we're asking today is...
When we scheduled this appearance, of course, we didn't know what our options were. We were
still making visitation sites. And some of the City facilities that are available are, of course, up
for sale, and not in a condition that would be OK without renovation. And we don't have dollars
to renovate pieces of properties that are going to be for sale, and we know that. We have had a
temporary offer of space, and are presently in negotiations to occupy that space. We were also
approached by several different entities about the possibility of our... because we have a strong
sailing program in the past, of occupying part of water sports center, upon completion of the
renovation at Virrick Gym... City of Miami Parks and Rec., concerned citizens, as well as the
sailing program that's currently in operation there. We would be delighted to be part of that
whole operation. We think we could bring a lot of pride and notoriety to the City as being part
of the overall project there, which, I understand, would not be completed until sometime down
the road. In the meantime, we would be located in a temporary site. We would like for you to
consider us for that site in the future as a permanent site. And I think that you'd be very pleased
with the programs, the recreational programs that we would bring to it, and the recognition that
54 July 24, 1997
the City would receive as a result of it. The dilemma, of course, that we have today, we're just
in negotiations today with rearranging, trying to make the arrangements that are necessary to
move to a temporary site, and we're asking for more time. I know, you know, it's certainly very
tenuous with what you're going through with your own negotiations with soccer. However, we
would like to request up to 30 days, or however much less than that we could get, in order to
move from Point A to Point B. We don't want to be homeless. And we would like for you to
consider extending our... Our original vacate day was the 31st, and that's what it is right now.
So that gives us how many days? Not too many days to get out. So that is our request. And I
think we have a couple of comments from our athletes.
Andres Miyares: Hello. My name is Andres Miyares. I am part of the Special Olympics. I won
four gold medals last weekend in the State Games. Special Olympics teaches me to work hard,
play hard, and share joy with others. It teaches me to become a good citizen and to hold a job.
Please let us be in your new building by the water. We will make you very proud. Thank you.
(APPLAUSE)
Mr. David Mallis: My name is David Mallis. I live in the City of Miami. I'm an athlete. I'm
also on the board. I'm on the board of directors for the South Florida area. I represent all these
athletes. I was one of the ten athletes from the sailing team from Shake -A -Leg. I train with
Shake -A -Leg. And these athletes mean a lot to me, and the Orange Bowl means a lot to me,
because the Orange Bowl fills a lot for all the athletes and stuff. But we want to say thank you
for the committee, what... all you have done from the City of Miami for us. Thank you.
Mayor Carollo: Thank you.
Ms. Pat Gladieux: Hello. My name is Pat Gladieux, and I've been a member, and a mom, and a
coach, and just an all around volunteer with Special Olympics for many years. This is my
daughter, Stacy. She's represented Special Olympics on many occasions. I'm a little nervous.
I've never spoken here before. We are going to vacate the Orange Bowl premises. We've been
there for many years, and we've enjoyed the facility very much, and we want to say thank you
for that. And also, in your long-term planning, you can just remember Special Olympics, that we
are here, we service a many number of athletes that a lot of times, they're not seen. They're only
seen at Special Olympics, or when people like Gena and I, we come out in the public and...
during a time of turmoil, and we have to beg. And what we're trying to do now is find, if we
can, find a permanent location again. And when you're doing your long-term planning for the
Virrick Gym, if you can just remember us, that we think of this for a strategic plan for our
organization, that this would be a wise move for us, if you could find it in your hearts and in the
budget to remember us, and to put us there. Thank you very much.
Mayor Carollo: Thank you. Thank you. Mr. Manager, I'd like to make a motion instructing the
Administration to come back to this Commission and try to find a solution that we can resolve
this in doing the right thing. We have other places, I think, in the meantime, besides the Artime
Building. They've made a request that would be into the future for space in the Virrick Gym
that you should also look at, and at the same time, sit down with them, looking for additional
spaces in different parts of the City, if they need it, on a temporary basis. I will give them a
telephone number now. Someone has offered some... You have it already? Good.
Ms. Gaubatz: Dr. Rico Perez?
Mayor Carollo: Yes.
Ms. Gaubatz: Yes.
55 July 24, 1997
Mayor Carollo: He's got prime office space that you don't need to do anything with. It's in a
great location on Coral Way off of 22nd Avenue, in that area. If you'd give him a call, he would
be happy to talk to you and bring you to it.
Ms. Scott-Lovelass: Thank you.
Mayor Carollo: Thank you very much.
Ms. Lovelass: And on the issue as far as our move -out date?
Mayor Carollo: Mr. Manager, I think you should try to be as flexible as you can with that, with
the constraints that we have. But I'd just like to personally compliment you and you staff and
the volunteers that you have for the wonderful work that you've been doing throughout the
years. You know, these are the kind of things that so many people don't see, but are the kind of
things that really, really, truly make a difference in our community, especially with some of the
most important people we have in our community. So we thank you for coming, and thank you
very much for all of you to come. Good luck. Thank you.
Ms. Scott-Lovelass: Thank you, Mayor.
Mayor Carollo: Sure.
Vice Mayor Regalado: Thank you.
Commissioner Gort: Keep up the good work. Second the motion.
Mr. Gaubatz: Thank you. Just one last added comment. To thank the City in a proper way, we
have been thinking strongly of having our opening ceremonies this year at Bayside, the
waterfront there, and it will be a wonderful time to thank the City, and for everyone to come
together in that effort.
Mayor Carollo: That would be wonderful.
Mr. Gaubatz: Thank you.
Mayor Carollo: We'd be happy to be there. Thank you. OK. There's a motion and it's been
seconded. If you would call the roll.
56 July 24, 1997
0
•
The following motion was introduced by Mayor Carollo, who moved its adoption:
MOTION NO. 97-509
A MOTION INSTRUCTING THE CITY MANAGER TO COME BACK TO THIS
COMMISSION AND TRY TO FIND A SOLUTION FOR OCCUPANCY OF A CITY
OF MIAMI FACILITY BY REPRESENTATIVES OF THE MIAMI MEGA "CITY"
SPECIAL OLYMPICS; FURTHER DIRECTING THE CITY MANAGER TO LOOK
AT THEIR REQUEST FOR A PERMANENT LOCATION; FURTHER DIRECTING
THE MANAGER TO LOOK AT INTERIM SPACE INCLUDING SPACE
PRESENTLY AVAILABLE AT CORAL WAY AND 22 AVENUE (MR. RICO
PEREZ, OWNER OF OFFICE BUILDING); FURTHER URGING THE
ADMINISTRATION TO BE AS FLEXIBLE AS THEY CAN BE IN CONNECTION
WITH THE MOVE OUT DATE THEY MUST OBSERVE IN VACATING THEIR
PRESENT LOCATION AT THE ORANGE BOWL.
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
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Humberto Hernandez
NOTE FOR THE RECORD: Commissioner Gort exits the
Commission chamber at 11:40 a.m.
---------------------------------' ------------------------------------------------------------------------------
12. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 8 (PERSONAL
APPEARANCE: JACK ARIAS TO REQUEST SALE OF CITY PARCELS TO
COMMUNITY INVESTMENT CONSORTIUM FOR CONVEYANCE TO
HABITAT FOR HUMANITY OR NEW CENTURY DEVELOPMENT
CORPORATION FOR SINGLE FAMILY HOMES CONSTRUCTION IN
MODEL CITY). _
Mayor Carollo: Now, we're on item 8.
Mr. Jack Arias: Good morning, Commissioners. This item was at the last City agenda hearing,
and we may have to come back again. There's a technicality. Our Community Investment
Consortium... Your staff hasn't received the documentation from us showing our non-profit
status and our corporate designations, et cetera. What we are is, we're a group that wants to try
to produce some low-income housing in Liberty City. Our consortium wants to pay the City of
Miami seventeen thousand four hundred dollars ($17,400) to buy the five lots in question, and
57 July 24, 1997
then we're going to turn them over to a CDC (Community Development Corporation. What
we're basically doing is giving a grant of the seventeen thousand dour hundred interest tree to
the families that buy the houses, ultimately. So our group is basically giving a twenty thousand
dollar ($20,000). We're not making any profit. We're a non-profit group. Now, subject to
your... your staff receiving the proper documentation as to who we are and our non-profit status,
I could either come back again, or you could approve the sale of these lots to our group, subject
to the documentation being satisfactory when it's received.
Mayor Carollo: What does the Administration recommend?
Bob Nachlinger (Assistant City Manager): Excuse me. The Administration recommends that
until we receive the articles of incorporation, the listing of the board of directors, their resumes,
their certificate in good standing with the State of Florida, the minutes from the board meeting
authorizing this transaction with the City lots, and the track record of the... or this agency that we
not move forward. We're certainly in agreement that the project, itself, sounds like a very good
project for the City, but we just need to know who we're dealing with.
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Yes.
Commissioner Gort: I'd like to move to defer the item. At the same time, we have several items
coming up later on where the City is trying to get City employees to buy homes within the City.
Somehow, maybe we could work with these individuals where they could work with the unions
and make some of the homes available for the City workers, City employees.
Mr. Arias: We'd be happy to consider that. That would be fine. I can come back again next
month.
Commissioner Gort: Right. OK.
Mr. Arias: I'm sorry, it's'our fault for not getting the documentation here in time.
Commissioner Gort: No problem. We'll get it next time. Move to defer it.
Commissioner Plummer: Isn't it a fact that this... what the amount of money they're offering has
been declared as fair market value for the lots?
Mr. Arias: Yes, sir.
Commissioner Plummer: I'm asking...
Mr. Nachlinger: Sir, I don't know.
Commissioner Plummer: Well, I guess the reason I'm asking that question, if they're willing to
pay fair market value, where has there got to be a 50C involved at all? I don't see that. If it's
not fair market value, and it's a charitable organization...
Mayor Carollo: I don't see how it could be fair market value when you're getting seventeen
thousand four hundred dollars ($17,400) for five lots.
Commissioner Plummer: Well, I was told, and I'm asking the question.
Mr. Elbert Waters (Director, Community Development): It is not.
58 July 24, 1997
Commissioner Plummer: It is not?
Mr. Waters: It is not.
Commissioner Plummer: What is fair market value? I need to know that.
Mr. Waters: What we would need to do is get an appraisal on these parcels, Commissioner
Plummer.
Commissioner Plummer: Well, how did you come about, then, the seventeen thousand four?
Mr. Waters: That's his proposal. That's not ours.
Mr. Arias: That amount was determined when these lots were going at one time to be sold to
Habitat. And Habitat... It was agreed to sell them to Habitat at seventeen four. Habitat did...
Commissioner Plummer: So that's how it was established.
Mr. Arias: Yes. Habitat didn't have the money. We agreed to provide Habitat with the money.
Now, Habitat has a lot of housing on their production list, and they may not be able to build
them. But we want to provide the same amount of money, and we're willing to work with New
Century Development, a CDC, to build the housing.
Commissioner Plummer: OK. All right. I was just clarifying the record that I was told it was
fair market value, and obviously, it's not.
Mayor Carollo: There's a motion by Commissioner Gort... to what effect?
Commissioner Gort: To defer.
Mayor Carollo: There's a motion to defer.
Commissioner Plummer: Yeah, I'll second.
Mayor Carollo: Second by Commissioner Plummer. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mr. Arias: Thank you.
Mayor Carollo: Thank you for coming.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 97-510
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 8 (PERSONAL
APPEARANCE BY JACK ARIAS IN CONNECTION WITH SALE OF FIVE
PARCELS FOR HABITAT FOR HUMANITY OF GREATER MIAMI FOR
HOUSING IN MODEL CITY).
59 July 24, 1997
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
----------------------------------------------------------------------------------------------------------------
13. PERSONAL APPEARANCE: MARGARET PATERNEK -- GRANT
REQUEST TO ASSIGN PORTION OF HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS (HOPWA) CONTRACT TO HOUSING SERVICES OF
SOUTH FLORIDA, INC.
Mayor Carollo: OK, we're on item number 9.
Commissioner Plummer: Mr. Mayor, item 9 is tied in with other aspects that we'll be handling
later in the day and...
Mayor Carollo: Well, do you want to bring the others at the same time or...
Commissioner Plummer: Well...
Mayor Carollo: I would hate for her to have to come back.
Commissioner Plummer: Excuse me. It is something I understand is part of this scenario here of
granting of the HOPWA (Housing Opportunities for Persons with AIDS) monies. And that's
what she's asking for, a transfer.
Commissioner Gort: Uh-uh.
Ms. Linda Kearson (Assistant City Attorney): She's asking for an assignment of her existing
contract to another agency.
Commissioner Plummer: It's already existing.
Ms. Kearson: That's correct.
Commissioner Plummer: OK. And the only question, then, that I have is, do we know who this
agency is that is being requested to transfer to?
Ms. Kearson: Yes, sir, but I think you need to...
Commissioner Plummer: Hello?
Ms. Kearson: Yes.
60 July 24, 1997
Mr. Elbert Waters (Director, Community Development): Yes.
Commissioner Plummer: I'm calling. You've done a background check on them? You know
who they are? You know their track record?
Mr. Waters: The Administration supports the agency, Commissioner Plummer. We have...
They are... They have been working in the AIDS -Assisted Housing throughout Metropolitan
Dade County. This will be the first time that they would have been involved with the City of
Miami. So we are aware...
Commissioner Plummer: And how much money would be being transferred to them?
Mr. Waters: The balance of that contract, which is approximately a hundred and ninety...
Unidentified Speaker: A hundred and five thousand.
Mr. Waters: ... a hundred thousand dollars ($100,000).
Commissioner Plummer: But you know the track record of these people?
Mr. Waters: Yes.
Commissioner Plummer: OK. I'll move it.
Vice Mayor Regalado: All right.
Commissioner Gort: Second.
Vice Mayor Regalado: OK. There is a motion by Commissioner...
Commissioner Gort: Discussion from anybody in the public?
Commissioner Plummer: Yeah.
Vice Mayor Regalado: I'm sorry.
Commissioner Plummer: But I... Just for my colleagues' information, I was provided some
information about the HOPWA grants of this afternoon, and I want to tell you, there's a lot of
questions that have got to be answered.
Commissioner Gort: Right.
Vice Mayor Regalado: There's a motion by Commissioner Plummer, second by Commissioner
Gort. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
61 July 24, 1997
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-511
A MOTION GRANTING REQUEST FROM REPRESENTATIVE OF HIV/AIDS
PLANNING MANAGEMENT ORGANIZATION (HAPMO) FOR ASSIGNMENT OF
A PORTION OF HAPMO'S FY '96 HOUSING OPPORTUNITIES FOR PERSONS
WITH AIDS (HOPWA) CONTRACT TO HOUSING AND SERVICES OF SOUTH
FLORIDA, INC.
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
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Commissioner Humberto Hernandez
Mayor Joe Carollo
----------------------------------------------------------------------------------------------------------------
14. EMERGENCY ORDINANCE: AMEND SECTION 2-653 OF CODE -- AMEND
DEFINITION OF LOBBYIST.
Vice Mayor Regalado: Item 10.
Commissioner Plummer: Item 10. I'll move it.
Vice Mayor Regalado: All right. For discussion, is there...
Commissioner Plummer: Bring it back to me.
Commissioner Gort: Definition of "lobbyist." Second.
Vice Mayor Regalado: Mr. Gonzalez-Goenaga.
Mr. Manuel Gonzalez-Goenaga: Well, I'm not surprised that this ordinance is moved
specifically by Mr. Plummer, because it does say a lot about what is not a lobbyist. "Lobbyist
does not mean, lobbyist does not mean." Where is the actual definition of who is a lobbyist?
Because if I were given the opportunity to write my definition of "lobbyist," I would not allow
them to be before this Commission. It says what is not a lobbyist, but it doesn't say what is a
lobbyist.
Walter Foeman (City Clerk): Yes, it does.
Mr. Gonzalez-Goenaga: You want my definition? To be considered an influence peddler, a
legalized prostitute, and many more things that I try to refrain. Because "lobbyist" is not...
maybe it's an etiquette, but I want a clear definition of a lobbyist, not what is not a lobbyist.
62 July 24, 1997
And I'm sure that Mr. Jones, who is a sophisticated attorney, and has been lobbying... especially
all these Commissioners have been lobbyied so many times. I would like to have a
straightforward, simple, down to earth definition of what a lobbyist is. I still don't know.
Vice Mayor Regalado: Thank you.
Commissioner Plummer: That's a man who lives more than 50 miles from home, has a briefcase
and then guessed right three times, and spent six hundred dollars ($600) with the City.
Vice Mayor Regalado: Mr. City Attorney, for the benefit of the public, would you...
A. Quinn Jones, III, Esq. (City Attorney): Yes. The... excuse me. This is in response to
concerns, of course, that the Commission expressed at the last meeting, and of course, all of the
confusion that's come about as to determining who or who is not a lobbyist. The revised
ordinance that you have before you basically goes back and captures the language that predated
the existing ordinance. And it defines "lobbyist" as meaning all paid persons, firms, corporations
employed or retained by... who seek to encourage the passage, defeat, or modification of any
ordinance, resolution, action, or decision of the City Commission, or any resolution, action,
decision, or recommendation of any City board or committee, or any action, decision, or
recommendation of the City Manager during the time period of the entire decision -making
process on such action, decision, or recommendation which foreseeably will be reviewed by the
City Commission or City board or committee. The previous definition, you had almost
everybody who appeared before a Commission could be viewed as a lobbyist. This way, it's
specifically clear that it only means someone who's in a paid capacity, who's being paid to
represent the principal, to basically encourage you to pass something on the principal's behalf.
Commissioner Plummer: Call the roll.
Walter Foeman (City Clerk): We need 4/5ths, Commissioner. It's an emergency ordinance.
Mr. Jones: Yeah. You need to hold it. It needs 4/5ths vote. You've got a fourth member now.
Commissioner Plummer: Huh?
Mr. Jones: You've got four now.
Commissioner Plummer: I see three.
Mr. Jones: Three?
Commissioner Hernandez: No, I'm here, I'm here.
Commissioner Plummer: Mentally or physically?
Commissioner Gort: A little of both.
Commissioner Hernandez: Both.
Commissioner Plummer: Oh. Hurry up. Call the roll.
Mr. Foeman: He needs to read it. You need to read the title.
63 July 24, 1997
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING SECTION 2-653 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO AMEND THE
DEFINITION OF A "LOBBYIST" TO MORE SPECIFICALLY DEFINE WHO
SHALL BE CONSIDERED A LOBBYIST; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Plummer and seconded by Commissioner Gort, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Gort, adopted said ordinance by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11527.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Commissioner Plummer: Move item 11.
Mr. James Wellington: Excuse me, gentlemen. Can I make just a quick aside to that? I think
one word Mr. Jones left out that should be in there is a participant. That's also... Everybody that
was here, participating here this morning, was, in a sense, a lobbyist.
Commissioner Plummer: No.
Mr. Jones: Well, no.
Commissioner Plummer: No. Only those that are paid a fee to represent someone.
Mr. Wellington: Well, OK or in the... OK. But I do it for 506-C3s, and I've also... and find it
quite a uplifting experience.
64 July 24, 1997
Commissioner Plummer: But you're a poor boy.
Mr. Wellington: Pardon?
Commissioner Plummer: You're a poor boy.
----------------------------------------------------------------------------------------------------------------
15. AMEND SECTION 1, SUBSECTIONS V & VI OF ORDINANCE 11337 TO
ESTABLISH NEW CAPITAL IMPROVEMENT PROJECTS: MIAMARINA
DOCKMASTER'S OFFICE RENOVATIONS (APPROPRIATE FUNDS,
$180,000 FROM CIP 413403) AND WATSON ISLAND AVIATION AND
VISITORS CENTER (APPROPRIATE FUNDS $715,500 FROM CIP 3441010).
Vice Mayor Regalado: OK. Read...
Commissioner Plummer: You know, I got to tell you, Mr. Manager, I'm going to vote for 11
and 12.
Mr. Jack Luft (Director, Planning & Development): OK. Could...
Commissioner Plummer: Because I think it's justified... justify an emergency for bathrooms. I
got to tell you...
Commissioner Gort: Well, I can tell you, that can be an emergency.
A. Quinn Jones, III, Esq. (City Attorney): Yes.
Commissioner Plummer: You know, it's...
Mr. Luft: For the record, I need to read in that we... We had a typographical error on the
ordinance number.
Mr. Jones: I'll read it. I'll read it when I read the ordinance, Jack.
Mr. Luft: OK. Thank you.
Commissioner Plummer: And we'll now hear from the friendly John.
Mr. John Brennan: The friendly John? Are you going to hear from the public first? Is that...
Commissioner Plummer: Are you against it?
Vice Mayor Regalado: Go ahead, John, go ahead.
Mr. Brennan: Say it?
Vice Mayor Regalado: Yes, absolutely.
Mr. Brennan: OK. I would...
65 July 24, 1997
•
•
Commissioner Plummer: Are you opposed to this?
Mr. Brennan: No, no, I'm not opposed to it.
Commissioner Plummer: Well, quit talking.
Mr. Brennan: Do you have enough...
Commissioner Plummer: Yeah, we got the votes.
Mr. Brennan: I'll take your word for it, but I would like very much to see it passed...
Commissioner Plummer: Call the roll.
Vice Mayor Regalado: You're talking about 11?
Commissioner Plummer: Yes.
Commissioner Gort: Eleven and 12.
Vice Mayor Regalado: He's going to call the roll.
Commissioner Plummer: Call the roll.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING SECTION 1, SUBSECTIONS V,
AND VI OF ORDINANCE NO. 11337, AS AMENDED, ADOPTED JANUARY
25, 1996, THE CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE,
TO ESTABLISH TWO (2) NEW CAPITAL IMPROVEMENT PROJECTS:
"MIAMARINA DOCKMASTER'S OFFICE RENOVATIONS," PROJECT NO.
413403 AND "WATSON ISLAND AVIATION AND VISITORS CENTER,"
PROJECT NO. 344101 AND APPROPRIATING FUNDS FOR SAID PROJECTS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Plummer and seconded by Commissioner Gort, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
Commissioner Plummer: See how much better you do by not talking?
Mr. Brennan: Absolutely.
Commissioner Plummer: I move item 12.
66 July 24, 1997
Mr. Foeman: Excuse me. Continuing roll call. It's an emergency ordinance. Continuing roll
call.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Gort, adopted said ordinance by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11528.
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.
----------------------------------------------------------------------------------------------------------------
16. AUTHORIZE RENOVATIONS TO MIAMARINA DOCKMASTER'S
FACILITIES -- ACQUIRE / INSTALL FLOATING DOCKS AT
MIAMARINA -- ALLOCATE FUNDS NOT TO EXCEED $180,000 FROM CIP
No. 413403.
Commissioner Plummer: I move item...
Vice Mayor Regalado: Number 12.
Commissioner Plummer: Move...
Commissioner Hernandez: Second.
Commissioner Plummer: ... second 12, third 12.
Vice Mayor Regalado: Read the ordinance, please.
A. Quinn Jones, III, Esq. (City Attorney): It's a resolution.
Vice Mayor Regalado: Oh, I'm sorry, a resolution. Go... call the roll.
67 July 24, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-512
A RESOLUTION AUTHORIZING RENOVATIONS TO THE MIAMARINA
DOCKMASTER'S OFFICE, BATHROOMS AND LAUNDRY FACILITIES, AND
ACQUISITION AND INSTALLATION OF A 100 FOOT FLOATING DOCK TO BE
LOCATED AT THE MIAMARINA; FURTHER AUTHORIZING THE CITY
MANAGER TO TAKE WHATEVER STEPS ARE NECESSARY TO ASSURE THAT
SAID REPAIRS ARE COMPLETED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
----------------------------------------------------------------------------------------------------------------
17. EMERGENCY ORDINANCE: AMEND ORDINANCE 10021 -- INCREASE
APPROPRIATIONS FOR LAW ENFORCEMENT TRUST FUND BY
$430,708.
Vice Mayor Regalado: Number 13.
Commissioner Plummer: What is 13?
Vice Mayor Regalado: Emergency ordinance. Police Department.
Commissioner Plummer: What?
Commissioner Hernandez: Move it.
Vice Mayor Regalado: Second.
Commissioner Plummer: This is just to establish, it doesn't spend.
Captain Joseph Longueira (Deputy Commander, Police Support Services.): Right.
A. Quinn Jones, III, Esq. (City Attorney): That's correct.
Commissioner Plummer: And none of these funds can be expended without Commission
approval.
68 July 24, 1997
Commissioner Hernandez: Right.
Captain Longueira: Correct.
Commissioner Hernandez: I moved it.
Commissioner Gort: Second.
Commissioner Plummer: Second.
Vice Mayor Regalado: Call the roll.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10021,
ADOPTED JULY 18, 1985, AS AMENDED, WHICH ESTABLISHED INITIAL
RESOURCES AND INITIAL APPROPRIATIONS FOR THE LAW
ENFORCEMENT TRUST FUND, RECEIVED AND DEPOSITED PURSUANT
TO ORDINANCE NO. 9257, ADOPTED APRIL 9, 1981, THEREBY PROVIDING
FOR AN INCREASE IN THE AMOUNT OF $430,708.00, AS A RESULT OF
ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE TO SUCCESSFUL
FORFEITURE ACTIONS; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
was introduced by Commissioner Hernandez and seconded by Vice Mayor Regalado, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
Whereupon the Commission on motion of Commissioner Hernandez and seconded by
Vice Mayor Regalado, adopted said ordinance by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11529.
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.
69 July 24, 1997
•
--------------------------------------------- -------------------------------------------------------------------
18. EMERGENCY ORDINANCE: AMEND SECTION 2-32 OF CODE: TIME AND
PLACE OF MEETING -- CHANGE REGULAR MEETING DAYS OF CITY
COMMISSION TO SECOND AND FOURTH TUESDAYS OF EACH MONTH.
Vice Mayor Regalado: Fourteen.
Commissioner Gort: Move 14.
Commissioner Plummer: Second.
Vice Mayor Regalado: Read the ordinance, please. Before calling the roll, go ahead, gentlemen.
Mr. John Brennan: Gentlemen, you may change your days any way you want. I was up here
yesterday and asked that the meeting yesterday be held after five o'clock so that the public could
be there. On issues where the public is really concerned, I would like to see your note changed
here so that it can accommodate the public who works for a living.
Commissioner Plummer: John, we can...
Mr. Brennan: I'm sorry. We... J.L., you and I don't work, but there's a lot of people out here
who would come after six o'clock meetings.
Commissioner Plummer: I don't work?
Mr. Brennan: You don't work, no, you... I watched you. Gentlemen, after five o'clock...
Commissioner Gort: John, John, any time there's been an interest in which the neighborhood
was involved...
Commissioner Plummer: We can do that.
Commissioner Gort: ... we always call a meeting after six. We've always done that. We can
still do that.
Commissioner Plummer: We can do that any time we want with a given item.
Mr. Brennan: It doesn't read quite...
Vice Mayor Regalado: Yes, it does. It says... It says that... It has a provision.
Commissioner Plummer: I don't work, ha!
Mr. Bruce Reep: I have a... My name is Bruce Reep. I have a real important point to make, and
I think Commissioner Plummer made it yesterday. That the City staff continuously hands him
packets, and all of you packets, big as a novel. They hand it to you at midnight, or they hand it
to you an hour before Commission meetings. You are the gentlemen who decide for us, this
community, on very important issues. And unfortunately, you always don't get informed on
time. And so that's why it's so important that you do not put this thing where the public
hearings are being all before five o'clock. And if you say, well, we'll make special exceptions,
70 July 24, 1997
Mr.... Commissioner Plummer made a promise over a year ago that for that meeting that we had
yesterday, that it would be held... whenever it came before the City Commission, it would be
held after six p.m. And it didn't. It got held at nine yesterday morning. So all I'm saying is, in
behalf of what Mr. Plummer says, for you all to he able to make an informed decision,
understand that sometimes, the public will come in here and give you a lot of information that
the staff handed you in a volume this big. We've been reading it, and we can at least inform you
of some pertinent things. But if we can't be here because we have to be at work, it's kind of
hard to. So in behalf of J.L.'s plea for the public...
Commissioner Plummer: You're absolutely right, sir. OK?
Mr. Reep: You know, because that happens to you.
Commissioner Plummer: Absolutely... We got a new Manager, and he's going to learn what
invoking the five-day rule means pretty quick. I've given him a lot of latitude so liar. But that...
Mr. Reep: I hope... Thank you very much. I hope that democracy will be furthered, and you
guys get to make a more informed decision, because very often, the public helps you. If we
can't be here, it's hard for us to help you. Thank you.
Vice Mayor Regalado: Thank you. Call the roll.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING SECTION 2-32 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "TIME
AND PLACE OF MEETING," THEREBY CHANGING THE REGULAR
MEETING DAYS OF THE CITY COMMISSION TO THE SECOND AND
FOURTH TUESDAYS OF EACH MONTH; FURTHER, PROVIDING THAT ALL
LAND USE ORDINANCES' PUBLIC HEARINGS, WITH CERTAIN
EXCEPTIONS, ARE PERMANENTLY SCHEDULED FOR PUBLIC HEARING
PRIOR TO 5:00 P.M.; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Gort 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
NAYS: None.
ABSENT: Mayor Joe Carollo
71 July 24, 1997
Whereupon the Commission on motion of Commissioner Gort 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
NAYS: None..
ABSENT: Mayor Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11530.
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. SECOND READING ORDINANCE: AMEND CHAPTER 22 OF CODE --
CREATE NEW ARTICLE V ENTITLED DONATION COLLECTION BINS.
Vice Mayor Regalado: Number 15.
Commissioner Plummer: I move... second 15.
Commissioner Hernandez: I move it.
Vice Mayor Regalado: 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.
72 July 24, 1997
passed on its first reading, by title, at the meeting of June 26, 1907, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Hernandez,
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
NAYS: None.
ABSENT: Mayor Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11531,
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. SECOND READING ORDINANCE: AMEND CHAPTER 2, ARTICLE II,
SECTION 2-33 OF CODE ENTITLED ORDER OF BUSINESS AND RULES
AND PROCEDURES -- ADD NEW PARAGRAPH (C)(4) WHICH
ADDRESSES POCKET ITEMS / MAXIMUM ITEMS PLACED ON AGENDA
/ ENDS MEETINGS AT'12 NOON AND AT 9:00 P.M. / RE -SCHEDULING OF
CONSENT AGENDA ITEMS REMOVED FROM AGENDA.
Vice Mayor Regalado: Sixteen.
Commissioner Plummer: Boy, I'll move that one in a hurry.
Commissioner Hernandez: Second.
Commissioner Plummer: Now, let me give the Manager a word of advice. Sixty items are 60
items. I don't want to see item 5, 5-A, 5-B, 5-C, 5-D. Each one of those is an item, Mr.
Manager. Understand?
Bob Nachlinger (Assistant City Manager): Yes, sir.
Commissioner Plummer: OK.
Mr. Nachlinger: On this issue, if... I hate to have total inflexibility built into an ordinance. Can
we include language to... by a 4/5ths vote, or even a unanimous vote, depending on your
preference, to allow the Manager and/or Commissioners to have more than one or two pocket
items, depending on which it is?
Commissioner Plummer: Well, I'll tell you what, I would be in favor... You know, if you take
away a pocket item, period, I don't care. But I think that any Commissioner that wants to
present an emergency pocket item should say that the Commission has a right, by a majority
vote, to allow that to be presented. I think that's fair.
73 July 24, 1997
a
Vice Mayor Regalado: That is fair.
Mr. Nachlinger: Would that also include the Manager, sir?
Commissioner Plummer: Hell, no.
Mr. Nachlinger: Thank you.
Commissioner Plummer: Of course, the Manager.
A. Quinn Jones, III, Esq. (City Attorney): You want that amendment?
Commissioner Plummer: I think it should be, without question. You know, it's going to he at
the discretion of the individual Commissioner to justify in his mind and to the public that it is an
emergency. OK? Now, I've got four for this afternoon.
Mr. Aaron Weeks (Chief of Staff): Commission, on your restriction on 60 items and the
numbering of such, you would view... are concern about the total, not the numbering. We will
be working during the month of August to improve the agenda, and one of the things which we
may have is separate sections where the numbering would he with a number and a letter. But
we, obviously, would stay within the 60, total number of 60.
Commissioner Plummer: Yeah, but you've been "Sneaky-Peteing" on us here recently, with 5-
A, 5-13, 5-C, 5-D, and you only call that one item.
Mr. Nachlinger: We haven't gotten to 5.1 yet.
Commissioner Plummer: Yeah. That's the County. When we do that, we're moving.
Mr. Weeks: By this ordinance, we will be restricted to the 60 items.
Commissioner Plummer: When you do that, we'll move you downtown.
Vice Mayor Regalado: OK. Read the ordinance.
Mr. Jones: It's already been read, Mr. Vice Mayor.
Mr. Bruce Reep: Could you give the... excuse me.
Commissioner Plummer: Call the roll, call the roll.
Vice Mayor Regalado: OK. Call the roll.
Commissioner Plummer: Oh, I'm... Wait a minute, hold it, hold it.
Mr. Reep: Could you give the definition of what "fixed times to conclude public input," number
2 on this item is? What is... You know, what's the fixed times for public...
Commissioner Plummer: It gives us the opportunity to do such.
Mr. Reep: I mean, is that a certain amount of time, or you'll just do it on each item?
Mr. Jones: I'm looking for the section of the ordinance. Help me out here.
74 July 24, 1997
Commissioner Plummer: Two. "Fix certain time to conclude public input and/or agenda item
consideration."
Mr. Jones: Yeah. OK.
Commissioner Plummer: Basically, our policy has been that pocket item...
Vice Mayor Regalado: I guess that has to do with the personal. That has to do with the personal
appearances?
Commissioner Plummer: Well, no. This is basically that we finish the agenda before we take up
pocket items or non -agenda items.
Mr. Reep: But "public input," I was wondering what the definition of that...
Commissioner Plummer: Public input.
Mr. Reep: OK.
Commissioner Plummer: Ask Mr. Goenaga. He's the champion.
Mr. Reep: It's a public hearing. All right. Thank you.
Vice Mayor Regalado: OK. Thank you. Go ahead, 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 INCLUDE 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 PROCEDURE 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.
75 July 24, 1997
passed on its first reading, by title, at the meeting of June 26, 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
NAYS: None.
ABSENT: Mayor Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11532.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
21. SECOND READING ORDINANCE: AMEND SECTIONS II AND VI OF
CAPITAL IMPROVEMENT ORDINANCE 11337 -- ESTABLISH NEW
CAPITAL IMPROVEMENT PROJECTS TO BEGIN DURING FY 1996-1997 --
FUND SAID PROJECTS WITH 23 YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Move 17.
Vice Mayor Regalado: Seventeen has been moved.
Commissioner Gort: Second.
Vice Mayor Regalado: Second. Read the ordinance. Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING SECTIONS II AND VI OF CAPITAL
IMPROVEMENTS ORDINANCE NO. 11337, AS AMENDED, ADOPTED JANUARY
25, 1996; ESTABLISHING NEW CAPITAL IMPROVEMENT PROJECTS TO BEGIN
DURING FISCAL YEAR 1996-1997; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
76 July 24, 1997
passed on its first reading, by title, at the meeting of July 10, 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
NAYS: None.
ABSENT: Mayor Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11533.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
22. SECOND READING ORDINANCE: ESTABLISH SPECIAL REVENUE
FUND: DADE COUNTY EMS GRANT AWARD (FY96-97) -- APPROPRIATE
FUNDS $444,098: $148,989 GRANT APPORTIONED BY METRO-DADE
COUNTY AND $295,109 IN CARRY-OVER FUND BALANCE FROM
PREVIOUS EMS GRANT AWARDS.
Commissioner Plummer: Move 18.
Commissioner Gort: Second.
Vice Mayor Regalado: Eighteen... Read the ordinance.
Commissioner Plummer: Would you quit making a mess? Call the roll.
Vice Mayor Regalado: Call the roll.
77 July 24, 1997
An Ordinance entitled -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "DADE COUNTY EMS GRANT AWARD (FY '96-'97), AND
APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE TOTAL
AMOUNT OF $444,098.00, CONSISTING OF A $148,989.00 GRANT
APPORTIONED BY METROPOLITAN DADE COUNTY FROM THE STATE OF
FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
"GRANT PROGRAM FOR COUNTIES," AND $295,109.00 IN CARRYOVER FUND
BALANCE FROM PREVIOUS EMS GRANT AWARDS; AUTHORIZING THE CITY
MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
passed on its first reading, by title, at the meeting of July 10, 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
NAYS: None.
ABSENT: Mayor Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11534.
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.
----------------------------------------------------------------------------------------------------------------
23. DISCUSS / DEFER CONSIDERATION OF PROPOSED FIRST READING
ORDINANCE TO AMEND SECTION II OF ORDINANCE 11337, CAPITAL
IMPROVEMENTS -- ESTABLISHING EMERGENCY OPERATION CENTER
PROJECT -- SEE LABEL 25.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Move 19.
Commissioner Hernandez: Can we... Can this he the last item?
Vice Mayor Regalado: The last... Commissioner, the last item will be item 20, but that way,
we'll work in the afternoon.
Commissioner Hernandez: OK.
Commissioner Plummer: Well, wait a minute, now. Twenty and 21 are the same.
78 July 24, 1997
•
Commissioner Hernandez: All right.
Vice Mayor Regalado: Twenty, 21.
Commissioner Plummer: So you better make it 19...
Commissioner Hernandez: I second...
Vice Mayor Regalado: All right.
Commissioner Plummer: Nineteen -A, that is.
NOTE FOR THE RECORD: At this point, agenda item 19 was
temporarily tabled.
----------------------------------------------------------------------------------------------------------------
24. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 20 (APPROVE
UTILITY AUDITING SERVICES FROM TELECOM SERVICES LIMITED)
AND AGENDA ITEM 21 (APPROVE FURNISHING OF
TELECOMMUNICATIONS AUDITING SERVICES FROM TELECOM
SERVICES LIMITED) TO SCHEDULED MEETING OF SEPTEMBER 9, 1997.
Vice Mayor Regalado: By the way, if we want to just go ahead, I would like, Mr. City Manager,
to have item 20 deferred. The reason is that I was told by a Florida Power official that they
would like to meet with the administration in order to do this kind of job, and...
Commissioner Plummer: Move to defer item 20 and 21.
Commissioner Hernandez: Second.
Vice Mayor Regalado: OK. There is a motion to defer 20 and 21 to the September meeting. All
in favor, signify by saying "aye."
The Commission (Collectively): Aye.
79 July 24, 1997
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-513
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 20 (PROPOSED
UTILITY AUDITING SERVICES FROM TELECOM SERVICES LIMITED (TSL),
ON AN AS NEEDED CONTRACT BASIS FOR A PERIOD OF ONE (1) YEAR WITH
THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE YEAR PERIODS)
AND AGENDA ITEM 21 (PROPOSED TELECOMMUNICATIONS AUDITING
SERVICES FROM TELECOM SERVICES LIMITED (TSL), ON AN AS NEEDED
CONTRACT BASIS FOR A PERIOD OF ONE (1) YEAR WITH THE OPTION TO
EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS) TO THE
MEETING PRESENTLY SCHEDULED FOR SEPTEMBER 9, 1997.
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
----------------------------------------------------------------------------------------------------------------
25. CONTINUED / APPROVE PROPOSED FIRST READING ORDINANCE TO
AMEND SECTION II OF ORDINANCE 11337 -- ESTABLISH NEW
CAPITAL IMPROVEMENT PROJECT 313238 ENTITLE EMERGENCY
OPERATION CENTER FOR FIRE -RESCUE -- APPROPRIATE $500,000.
Vice Mayor Regalado: OK. Nineteen.
Commissioner Plummer: I move 19.
Commissioner Hernandez: Second.
A. Quinn Jones, III, Esq. (City Attorney): An ordinance amending section...
Commissioner Plummer: Half a million dollars we use once every 26 years.
Vice Mayor Regalado: Call the roll.
80 July 24, 1997
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION II OF ORDINANCE NO. 11337, AS
AMENDED, ADOPTED JANUARY 25, 1996, THE CAPITAL IMPROVEMENTS
APPROPRIATIONS ORDINANCE, THEREBY ESTABLISHING A NEW CAPITAL
IMPROVEMENT PROJECT NO. 313238, ENTITLED: "EMERGENCY OPERATION
CENTER," FOR THE DEPARTMENT OF FIRE -RESCUE, TO BEGIN DURING
FISCAL YEAR 1996-97; APPROPRIATING FUNDS FOR SAID PROJECT;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
passed on its first reading, by title, at the meeting of July 10, 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
NAYS: None.
ABSENT: Mayor Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11535.
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.
----------------------------------------------------------------------------------------------------------------
26. PROPOSED FIRST READING ORDINANCE: REPEAL ARTICLE VII OF
CHAPTER 54 OF CODE REGULATING PLACEMENT OF NEWS RACKS
ON PUBLIC RIGHT-OF-WAY -- SUBSTITUTE NEW ARTICLE VII
IMPOSING SAFETY / AESTHETIC RESTRICTIONS AND OTHER
PROVISIONS.
Commissioner Plummer: Move 19-A.
Commissioner Hernandez: Second.
Vice Mayor Regalado: Read the ordinance.
Commissioner Plummer: Call the roll.
Vice Mayor Regalado: Call the roll.
An Ordinance entitled -
81 July 24, 1997
AN ORDINANCE REGULATING THE PLACEMENT OF NEWSRACKS IN PUBLIC
RIGHTS -OF -WAY IN THE CITY OF MIAMI BY REPEALING EXISTING ARTICLE
VII OF CHAPTER 54 OF THE CITY CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, PERTAINING TO SUCH REGULATION AND SUBSTITUTING, IN
LIEU THEREOF, A NEW ARTICLE VII IMPOSING SAFETY AND AESTHETIC
RESTRICTIONS RELATED THERETO; PROVIDING FOR PURPOSE; PROVIDING
DEFINITIONS; PROVIDING FOR NEWSRACK CERTIFICATION PROCEDURES
AND FEES; REQUIRING INSURANCE AND INDEMNIFICATION;
ESTABLISHING STANDARDS FOR OPERATIONS, PLACEMENT AND
INSTALLATION OF NEWSRACKS; PROVIDING FOR ENFORCEMENT AND
APPEALS; MORE PARTICULARLY BY REPEALING SECTIONS 54-261
THROUGH 54-269 AND SUBSTITUTING NEW SECTIONS 54-261 THROUGH 54-
273; PROVIDING DIRECTIONS FOR TRANSMITTAL OF COPIES OF THIS
ORDINANCE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by Commissioner Hernandez, and
was passed on first reading, by title only, by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Commissioner Plummer: What time are we coming back?
Mayor Carollo: Is three p.m. all right?
Vice Mayor Regalado: Three p.m.
Commissioner Gort: Three is fine.
Mayor Carollo: OK. We'll reconvene at three p.m.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 12:04 P.M. AND RECONVENED AT 3:25 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPTING COMMISSIONER HERNANDEZ AND
COMMISSIONER GORT FOUND TO BE PRESENT.
82 July 24, 1997
• .0
-------------------------------------------------------------------------------------------------------------
27. RATIFY / APPROVE / CONFIRM / CITY MANAGER'S ENGAGEMENT OF
POST, BUCKLEY, SCHUH & JERNIGAN, INC, -- FOR PROFESSIONAL
SERVICES TO ASSIST IN PREPARING DISSEMINATION AND
NEGOTIATION OF REQUEST FOR PROPOSAL FOR SANITATION
SERVICES -- ALLOCATE FUNDS, $24,760, FROM SOLID WASTE
DEPARTMENT BUDGET.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: You ready? Mr. Mayor, I move item 22.
Mayor Carollo: There's a motion for item 22 of the afternoon session of our regular meeting
today for July 24th.
Commissioner Plummer: I am assuming from the City Manager that what their... making the
RFP (Request for Proposals) will have to be approved by this City Commission.
Bob Nachlinger (Assistant City Manager): Yes, sir, that's correct.
Mayor Carollo: Absolutely.
Mr. Nachlinger: The RFP is item 23.
Commissioner Plummer: OK.
Mayor Carollo: Second by Vice Mayor Regalado. Discussion. Go ahead, please.
Ms. Diane Ragone: Good afternoon. Diane Ragone, Laborers International Union, 2996
Northwest 62nd Street. I am not sure that... what I saw in my office and delivered to my office, I
thought it was a copy of an RFP. So I am wondering, what is the scope of the work that these
people are going to do, and do we not already have enough talent being paid by the City, rather
than spending another twenty-four thousand seven hundred dollars ($24,700)?
Commissioner Plummer: Well, this is ratifying, so you raise a good question. Is the RFP
completed?
Mr. Nachlinger: Yes, sir, it is.
NOTE FOR THE RECORD: Commissioner Hernandez enters the
Commission chamber at 3:27 p.m.
Commissioner Plummer: Then you wasted our money. Without input from this Commission,
you put an RFP together. I mean, I think that this Commission should have the right to give any
input. But now, you're going to put us in a position where we're going to have to go back and...
Mayor Carollo: Well, not necessarily, J.L. And...
Commissioner Plummer: Have you seen it? I haven't.
83 July 24, 1997
Mayor Carollo: No, I haven't seen it, either. I don't know what it has. But Diane had a good...
a good question, which is very valid. Basically, this area is an area that would really require
expertise. Whatever input we need to make, we could give it, really, after the fact in this case,
and adjust it to what we want. But the input that I would imagine we have gotten from this
professional firm, which I don't know who they are, it's really a very specialized type of input
that the basis of the contract has to be what they give us, the foundation of it, because, any
contract that you can... you will enter into in Solid Waste trash collection, you have the security
that the contract gives you that the RFP has.
Commissioner Plummer: Mr. Mayor, I have no problem with it. It's just the idea that they're
not... asking me today to approve the RFP without having the opportunity to go through it. So as
far as paying the people who did the work, that's fine. I would have preferred that we had the
right of input, each Commissioner, to say what we think should be in there, because we're going
to have to vote, eventually, on it. But to pay them for what they did, I have no problem with.
Mayor Carollo: OK. You're... The next question... we'll deal with that in 23. Diane, one thing
that I would like to ask you is if you could call my office, for me to meet with you next week,
because I'd like to get some input from you and some of your people on a variety of different
areas, and I will be up front and tell you what it is. I want to get your input on the management
of the Solid Waste Department. I want to know, from your point of view, what is wrong or what
is right, what could be done to better the management that we have there. Maybe I'm doing
things a little different than it's been done in the past, but I really think it's important at this point
in time, if we're both going to deal in good faith with each other. By that, I mean the
Commission, the Administration, and the Solid Waste Union and employes, that we get the input
from you as to what you feel is right or right or wrong with the present management that we
have there.
Ms. Ragone: Mr. Mayor, we would be more than happy to do that. We have been trying to do
that all along through the City Manager. I would be most happy to meet with you and bring our
ideas. Of course, we are most disappointed that the RFP is even being discussed.
Mayor Carollo: Well, we understand that. And at the same time, I think you should understand
that this doesn't mean that we are set in doing anything. All that we're doing is looking at all
options, and at the same time, giving you some insight as to what goals you need to meet, also,
in trying to meet. But I think that before we come to any final conclusion on anything, we really
must have your input, and give it a try on some of the changes that we both know have to be
made, the readjustments on the Administration side in the Solid Waste Department. And feel
free to bring anyone that you would like from the Solid Waste Department along. And after we
meet, then I think the appropriate thing to do would be to then invite the management form the
Solid Waste to meet with me, and if they'd like, with you.
Ms. Ragone: OK. Very good. Thank you.
Mayor Carollo: Thank you very much, Diane. Thank you, sir.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I'm glad to now see the union
and the management there and all that, but what about us, the taxpayers, recipients of service,
too? Now, I got... with what I pay to the City of Miami for garbage, which is 80 and now three
more dollars, 83... a hundred and sixty-six dollars ($166) a year, I receive very good service,
compared to other municipalities that charge a lot more. And it's time that you, OK, hit the
bullet, and start charging what the service is worth, because I go here many times, and years ago,
they was... with a demagogue posture. Oh, we're going to give you more service with less tax. I
don't know, because in my arithmetic, that doesn't work at all. You got to... you... When people
84 July 24, 1997
want more service... Many other things that happened in the Solid Waste. You know it and I
now it. You know, like some of the guys told me, they put the corporal in charge of the
regiment. Now, that happened like that. People that got no qualifications, but they were friends
of friends, of cronies and all that, they were doing that. And remember when they laid off a lot
of good people? Now, between this, it's Leo and... A lot of them were laid off without benefit
of seniority. No. You... And you know that, and it's there. And private companies, don't tell
me about private companies, too, because I deliver in some buildings BFI, and every time I go
there, the dumpsters are overflowing, you know, BFI. Blue Chip company on the New York
Stock Exchange and all that. So, sure, they... And about professional and the other people,
consider that I work for the post office, and everything boils down to the letter carrier on the
street, because the people don't know Marvin... Ron or any of those people. They know the
letter carrier on the street. The same thing. The people down there, Allapattah, with all the
garbage problem, they don't know you here, or they don't know Mr. Ron Williams or anything
like that. They know the people that go there and pick up the garbage cans. So I would like to
see the union being part, a very strong part of all these negotiations, and the people, too.
NOTE FOR THE RECORD: Commissioner Gort enters the
Commission chamber at 3:33 p.m.
Mr. Manuel Gonzalez-Goenaga: Adding to what Mr. Mariano Cruz said, and I question now if
this group... where are they from? What is their expertise? Because if their expertise in trash is
in New York or California, the situation of Miami is totally different from California or New
Jersey. Where is this company from? What is their expertise? Is this a local company? Well...
And then, what about the input? Which I fully agree with the input of the employees of the
Sanitation Department. And what about the input of the citizens? I strongly suggest that these
professional people that are going to charge twenty-four thousand... almost twenty-five
thousand, that they contact me, "Mr. Boom Boom." I will give them a lot of time, free of charge,
so they can recharge the citizens of Miami. My contribution and my input will be totally free for
these marvelous experts. Thank you very much.
Vice Mayor Regalado: Thank you.
Commissioner Plummer: It's worth all they pay for it.
Vice Mayor Regalado: Thank you. Anything else? Anybody else from the public on this issue?
Anything else from the Administration?
Commissioner Plummer: Call the roll.
Vice Mayor Regalado: OK.
Walter Foeman (City Clerk): Roll call. Commissioner Plummer?
Commissioner Plummer: It's a resolution.
Mr. Foeman: Yes.
Commissioner Plummer: All in favor, say "aye."
Vice Mayor Regalado: All in favor, say "aye."
85 July 24, 1997
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-514
A RESOLUTION, WITH ATTACHMENTS, BY AN AFFIRMATIVE FOUR -FIFTHS
(4/5THS) VOTE OF THE MEMBERS OF THE CITY COMMISSION, RATIFYING,
APPROVING AND CONFIRMING THE CITY MANAGER'S ENGAGEMENT OF
THE FIRM OF POST, BUCKLEY, SCHUH & JERNIGAN, INC. ("PBSJ"), TO ASSIST
THE CITY IN THE PREPARATION, DISSEMINATION AND NEGOTIATION OF A
REQUEST FOR PROPOSALS AND AGREEMENT FOR SANITATION SERVICES;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH PBSJ FOR SAID
PROFESSIONAL SERVICES; AND ALLOCATING FUNDS THEREFOR, IN AN
AMOUNT NOT TO EXCEED $24,760.00, FROM THE GENERAL OPERATING
BUDGET OF THE SANITATION DEPARTMENT FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
----------------------------------------------------------------------------------------------------------------
28. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 23 (AUTHORIZE
ISSUANCE OF REQUEST FOR PROPOSALS -- FOR PURPOSE OF
SEEKING QUALIFIED FIRMS TO PROVIDE GARBAGE AND TRASH
COLLECTION SERVICES) TO SCHEDULED MEETING OF SEPTEMBER 9,
1997.
Commissioner Plummer: I move to...
Vice Mayor Regalado: OK. Twenty-three.
Commissioner Plummer: I move to defer.
Commissioner Hernandez: Second.
Vice Mayor Regalado: OK. There is a motion to defer item 23.
Commissioner Plummer: To the first meeting in September, which is now going to be... The
meetings in September will be the 9th and the 23rd. Right? Yeah. To September the 9th.
86 July 24, 1997
Vice Mayor Regalado: There is a motion to defer by Commissioner Plummer, seconded 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. 97-515
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 23 (PROPOSED
REQUEST FOR PROPOSALS FOR SEEKING QUALIFIED FIRMS TO PROVIDE
GARBAGE AND TRASH COLLECTION SERVICES TO THE CITY OF MIAMI) TO
THE COMMISSION MEETING PRESENTLY SCHEDULED FOR SEPTEMBER 9,
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.
Bob Nachlinger (Assistant City Manager): Commissioners, if I could, the...
Mayor Carollo: That was on 23, the motion to defer?
Commissioner Plummer: Right. Yeah.
Mayor Carollo: OK.
Mr. Nachlinger: This draft RFP (Request for Proposals) went out on last Friday under separate
cover. It came in too late to be included in the agenda package itself. I just wanted to reiterate
that this did come out, and the draft RFP did go out within the five-day period.
Commissioner Plummer: Yeah. So it would be the 9th... the 9th and the 23rd. Right? Yeah.
Somebody needs to change the September, now that we've changed our meeting dates to
Tuesday.
87 July 24, 1997
• 0
-------------------------- -------------------------------------------------------------------------------------
29. (A) DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 24 TO
SCHEDULED MEETING OF SEPTEMBER 9, 1997 (AMEND
SECTION 2 OF RESOLUTION 97-407, RESTORING 10% FUNDING
TO ECONOMIC DEVELOPMENT COMMUNITY BASED
ORGANIZATIONS) -- FURTHER IDENTIFY CONTINGENCY
FUNDS FOR ECONOMIC DEVELOPMENT SERVICES IN MODEL
CITY AND WYNWOOD.
(B) DIRECT ADMINISTRATION TO STUDY / RECOMMEND
METHOD TO FUND ECONOMIC DEVELOPMENT COMMUNITY
BASED ORGANIZATIONS BASED ON PERFORMANCE.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, I move item 24.
Vice Mayor Regalado: Twenty-four.
Commissioner Hernandez: I second it for discussion purposes, Mr. Mayor.
Commissioner Gort: Go ahead.
Commissioner Hernandez: On item 24, this is what we had discussed on the facade program.
And if you remember, there was no groups representing at the time the Model City/Wynwood
area. And if you remember, back then, there was a question of whether there was enough money
to fund another area of the City of Miami, another group, development group. At which point,
we had reduced ten percent of each of the development groups, and then the money was found.
And we are restoring back the ten percent to the groups that had been approved. And there was a
group that had applied to cover the Model City/Wynwood area. At which point, we brought it
before the Administration, and the Administration had originally supported them and approved
them. I don't understand... And I'm looking at the list of the completed commercial facade
report for fiscal years '94/95 and '96/97. Once again, Wynwood is totally shut out. There is
nothing going on in that area, and the Model City area. No one had applied for either/or. A
group did step up to the plate. They were approved by the Administration, and I don't know
why we're not going to... "Why should we go by way of an RFP process?" is my question to the
Administration.
Bob Nachlinger (Assistant City Manager): Commissioner, the group that's before us was not
approved by the Administration. This...
Commissioner Hernandez: I was told by... Where is he? Someone from Mr. Waters' staff was
standing there that day and said that they had reviewed their application, and that they had been
approved, that they were recommending it.
Mr. Elbert Waters (Director, Community Development): Let me clarify, if I may,
Commissioner.
Commissioner Hernandez: Yeah.
Mr. Waters: We had met... excuse me. We had met with the group previously, Metro Miami
CDC (Community Development Corporation). I had advised that group at that particular time
that the recommendation that would be forthcoming from our office would he for that group to
88 July 24, 1997
submit an application in our next round, which would be for the 24th year. I indicated to them at
that time that we had gone through a process whereby other groups had made an attempt to
obtain funding, and we thought that since this is a new group, we understood that there was a
problem in Model City in Wynwood, however, that if they would come forth in the upcoming
round, we would make every effort to make recommendations, to see whether or not they could
be funded in that accord. That is what I had indicated to the group.
Commissioner Hernandez: What happens now, then, to this area of the City... both these areas?
Mr. Waters: What we would suggest, Commissioner, is for us to open it up through a Request
for Proposals. There are other groups, CBOs (Community -Based Organizations) that probably
would solicit support from the City in that account. So therefore, we want to try to just see
whether or not there are groups that are available to do just that in the Model City and in the
Wynwood area.
Commissioner Hernandez: Bert, why wasn't it in? That's what was concerning to me. if it was
not for this group, which is a new group, like you said, and there was a policy not to fund new
groups this year, why is it that no one stepped up to the plate of these development groups that
were around and have a history, and obviously, were not interested, because they didn't seek
application to the process?
Mr. Waters: I am unable to answer that question, Commissioner. The only group that had been
before us was this Metro Miami. So I am unable to address that question. I don't know why
other groups did not come forward. So...
Commissioner Plummer: Do I... Do I understand that from before that the minimum amount of
facade programs that they can do in a given year is ten? Is that our criteria?
Mr. Waters: Approximately ten, yes, sir. And it's on...
Commissioner Plummer: OK. Now, when I look on this sheet that you gave me and... for
example, Wynwood. Three years... Have they been funded three years?
Mr. Waters: No. Wynwood is one... Again, that's one of the agencies as it relates to the facade
program that we are not... Well, we're... they're not in compliance. So therefore, the work in
Wynwood has not been accomplished.
Commissioner Plummer: That's not my question. My question is, were they funded last year?
Mr. Waters: Yes, they were funded last year.
Commissioner Plummer: OK. And they did no facade programs at all. That... And I'm reading
from, I assume, your document.
Commissioner Hernandez: It says zero here.
Commissioner Plummer: OK? Now, how much money did they get?
Commissioner Gort: But J.L., my understanding is that we're not funding to do facades. This is
why I asked the question this morning.
Commissioner Plummer: Well, excuse me.
Commissioner Gort: A lot of these people, they get funding for specific... like the one we had
today from Coconut Grove, for housing alone. So.
89 July 24, 1997
Commissioner Plummer: Well, excuse me. This... What I have in my hand is titled "Facade
Program." Now, what I'm asking is, in this particular case, how much money did they bet last
year to do a facade program?
Mr. Waters: For Wynwood... I don't have that document before me, Commissioner. I would
need to check with the staff in order to get that information.
Commissioner Plummer: All right. Let's go to Greater Biscayne Chamber of Commerce.
Commissioner Hernandez: Isn't there someone from Wynwood here that would say how much
money they received?
Commissioner Plummer: They got...
Commissioner Hernandez: How much money did you receive?
Unidentified Speaker: Nothing.
Commissioner Hernandez: Mr. Rios is here. Bill, how much money did you receive in '96/97
for the facade program?
Mr. Bill Rios: I haven't been here in a long time. You got technology here, and it feels great to
be back. My name is Bill Rios, Wynwood Community Economic Development Corporation.
Commissioner Hernandez, members of the Commission, Mr. Manager. Last year, we weren't
funded at all. Previous to that, we have had some problems with a negotiated agreement, based
on a settlement with HUD (Department of Housing and Urban Development) that we have been
trying to finalize with the Administration, and specifically, the Department of Community and
Economic Development. Because of those negotiations, we have not been able to come to a
settlement relative to how we should be funded based on that settlement. We received an
advance amount of money two years ago. We have not been funded since. Unfortunately, I
don't know why he said we were funded last year. We were not funded last year. We were not
active last year. So that's where we stand right now.
Commissioner Hernandez: Well, what... He said that... Well, were they funded or not?
Mr. Waters: For facades, no. We are... Let me clarify also so we won't...
Commissioner Plummer: Why are they on the list if they weren't funded?
Mr. Waters: Because we have to give a report. You may recall, Commissioner, that we
indicated to this Commission that there is a report card that's due after each contractual year and
whereby...
Commissioner Plummer: If they got no money and they did no work, why do you have to list
them? That doesn't make sense to me.
Mr. Waters: Because in previous years, they were...
Commissioner Plummer: According to this, in the year '94/95, '95/96, and you're now saying
'96/97, they were never funded.
Mr. Waters: Wynwood is a CBO that we fund in different projects.
90 July 24, 1997
• 0
Commissioner Plummer: Sir, this... Mr. Waters, I'm not talking about ether projects. This
document you gave me is titled "Facade Program."
Mr. Waters: Correct.
Commissioner Plummer: Now, they didn't do any facades. They didn't get any money to do
facades. I'm wondering why their name is here. Let me go to another one, so I'm not picking
on anybody. St. John Community Development, how much money did they get last year?
Hello? I'm calling collect. How much did St. John's... Where am I? St. John Community
Development, how much money did they get last year for facade program?
Mr. Waters: I need to get that information, Commissioner.
Commissioner Plummer: Mr. Mayor, I move this item be deferred.
Mayor Carollo: Motion for this item to be deferred.
Vice Mayor Regalado: Second.
Mayor Carollo: Seconded by the Vice Mayor. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-516
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 24 (PROPOSED
AMENDMENT TO SECTION 2 OF RESOLUTION NO. 97-407, RESTORING 10
PERCENT FUNDING TO SEVEN ECONOMIC DEVELOPMENT COMMUNITY
BASED ORGANIZATIONS (CBO'S); FURTHER IDENTIFYING $100,000 FROM
22ND YEAR COMMUNITY DEVELOPMENT BLOCK GRANT CONTINGENCY
FUNDS FOR ECONOMIC DEVELOPMENT SERVICES IN THE MODEL CITY
AND WYNWOOD NEIGHBORHOOD DEVELOPMENT AREAS BY CBO'S TO BE
DETERMINED) FOR FURTHER INFORMATION; FURTHER INSTRUCTING THE
CITY MANAGER TO COME BACK FOR THE COMMISSION MEETING
PRESENTLY SCHEDULED FOR SEPTEMBER 9, 1997.
Upon being seconded by Commissioner 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.
91 July 24, 1997
Commissioner Plummer: And for the record, I am deferring it until we can have the information.
I think it's very important. You know, as I look down here, there's zero here, there's a zero on
Martin Luther King.
Mr. Waters: If I may...
Commissioner Plummer: There's two on St. John's Development. Seven on Greater Biscayne'
Chamber. And if our criteria is seven, and these people are not performing, I know we're not
getting any money back. I mean, that's unheard of. So we'll just... Would you get all of that
information?
Mr. Waters: Would you, please? Thank you.
Commissioner Plummer: Bring it to us in September. It will be fine. You want that?
Unidentified Speaker: Yes, because...
Commissioner Plummer: Sure, fine. You gave it to me. You can have it back.
Mayor Carollo: Mr. Bert Waters, in January of this year, we had asked you for a full accounting
of all the left over dollars from CDBG (Community Development Block Grant) from previous
years.
Mr. Waters: Yes, sir.
Mayor Carollo: And to this date, we have not received that. But in the meantime, I'm hearing of
us giving monies from previous years.
Mr. Waters: No, sir. In January, as you may recall, we indicated to the Commission that
through our Finance Department, we had to reconcile all of the accounts that we had under the
various different CDBG programs. We have, through the Manager's office, submitted those
balances to this Commission. I don't know...
Mayor Carollo: When has that been submitted? Because we certainly have not seen it in my
office.
Mr. Waters: Give me a minute, sir. Mr. Mayor, it's dated July...
Mayor Carollo: It was delivered this morning, I was just told. That's why I haven't seen it.
Commissioner Plummer: Well, it might have been delivered to you, but I don't think it was
delivered to me. I didn't get one.
Commissioner Hernandez: I haven't seen one.
Mayor Carollo: Well, my staff members are saying that they haven't seen it, either, but we're
told it was delivered this morning. So take it for what it's worth.
Commissioner Hernandez: It's in the mail. It's in the mail.
Commissioner Plummer: You talked to me yesterday, but I didn't see a report. It's in the mail.
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
92 July 24, 1997
Commissioner Plummer: No, you didn't give it to me. You took it back.
Mr. Waters: Those... Again, Mr. Mayor, those balances are there. They've been reconciled
through our Finance Department. It took quite some time in order to do that. We're talking
about years one through 23, and therefore, it did take an enormous amount of time for us to
reconcile those figures. But that report is in.
Mayor Carollo: I'm still not getting an answer. Mr. Manager, he's your employee. Can you
make sure that we get the information that this Commission has asked for since January? I
mean, this just can't go on like this anymore.
Mr. Edward Marquez (City Manager): Mr. Mayor, the memo has been produced. Staff was
supposed to be making its rounds, informing each of the Commissioners and yourself about
what's in the memorandum. Your office received it early this morning. We were trying to get a
hold of you earlier in the week.
Commissioner Plummer: For the record, Bob came to see me yesterday, and we discussed the
issue, but I don't think you left a copy. Maybe you did, but I don't recall, because we discussed
four or five issues.
Mr. Marquez: We will make sure that each member gets a copy within the next couple minutes.
Vice Mayor Regalado: Yesterday afternoon, I met with Bob, and he gave me the memo, and we
discussed the numbers in that memo. It was...
Mr. Marquez: That's right.
Vice Mayor Regalado: I received that yesterday.
Mr. Marquez: And that's what we... And when the memo came out, I asked Bob to make his
rounds, to explain what was in the memo, to each member.
Commissioner Plummer: Mr. Mayor, I move 25.
Mr. Jim M. Sam: Mr. Mayor...
Mayor Carollo: Yes, Sam. Go ahead.
Mr. Sam: Honorable Mayor, distinguished Commissioners, our Manager, I'm speaking on
behalf of the Model City/Liberty City area in terms of the facade program. I, myself, last year
came to the Department of Community Development and requested to do the facade program in
the Model City area. We had applied for CDBG (Community Development Block Grant) funds.
There was none available, so we asked could we do any other work to get some funds. Those
funds were available. There was no work done in our area. This year, we did the same thing.
We applied to do that job. Had one of the best track records of facade programs in the City of
Miami. We painted more buildings that anyone ever did in this City. Our community is being
bypassed, deprived, and we're going through a process that we have asked for, we... on the
record, of applying to participate in this program. And we're being bypassed and put over and
over and over and over. The program started July 1. Last year, we missed. This year, we
missed. And we're asking to let us go and do the job. And if they have anyone in our
community that staff think that could do a better job than we do, then give them the deal. But
don't let the community suffer anymore. Let us start now. And I ask this community to use
their wisdom, and let's move on this issue. This has gone too far. We've asked Community
Development - that's the only place we could go - could we do this work?
93 July 24, 1997
Walter Foeman (City Clerk): You have 30 seconds.
Mr. Sam: Thank you.
Mayor Carollo: Thank you for your input, Sam.
Bob Nachlinger (Assistant City Manager): Sir, sir, if I could. Last year, you applied for a youth
program, and we have no record of your applying for any monies under the Facade Renovation
Program.
Mr. Sam: We sent letters to the Manager and to all the Commissioners requesting participation
in the facade program.
Mr. Nachlinger: In the Youth of America Program or the facade program?
Mr. Sam: Facade program. You check your records. You'll find one. I'm sure all the
Commissioners have a copy of it. And I'm sure your office... because I checked to see that your
office, the Manager's office had it, before I even sent it to the Commissioners. So I know you
have one, because your office told me you had it. Any other questions, sir?
Mr. Marquez: Proceed.
Mr. Sam: Thank you.
Mr. Josh Morales: Mr. Mayor and honorable Commissioners, my name is Josh Morales. I'm a
Puerto Rican community activist, and I leave here very disappointed today, knowing that in the
area of Wynwood, we're going to have to wait a little while longer before we can begin the
facade programs. In the last meeting, this was brought up as a pocket item, and it was said that it
was not an emergency. It was put for today. I feel that in the area of Wynwood, this is an
emergency. We complain about crime. We complain about not enough money going into the
areas, yet nothing is done about it. Different CBO's (Community -Based Organizations) are
trying to get this money. I'm not here to fight with any CBOs or tell anybody what to do. But a
group did step up to the plate. A recommendation was made. If they say it wasn't made, I have
it here written on paper. The City of Miami sent us the recommendation. They sent us a
contract, and now, everything is being delayed. I find this to be very irresponsible on the part of
Mr. Waters and the staff, and I believe that it is time that this money be given to the Wynwood
areas. The Metro Miami Board is a beautiful board, based on different nationalities, origins and
races, and for us to be wasting time and letting our community go down, no matter who this
money may go to, I think it's horrible. I think it's the reason why our City doesn't continue
forward, and once again, we're forgetting the necessary areas in our City, especially Wynwood.
And we've been abused for years. We continue being abused, and this is the reason why we
complain when things happen. Well, maybe if something got done about it, we would stop
complaining. Thank you.
Commissioner Hernandez: Josh, Josh, before you leave, what letter... what CBO are you talking
about?
Mr. Morales: I'm talking about Metro Miami.
Commissioner Hernandez: You have a letter that says they've been approved?
Mr. Morales: You have the letter, also.
94 July 24, 1997
Commissioner Hernandez: Well, they're saying that they've never been approved. I just asked
that question.
Mr. Morales: Well, I guess this letter is lying, because I see here an agreement made between
the City of Miami and Metro Miami, on the third page. Unless I'm wrong... I'm kind of new at
this, but I see this here. So I guess... I mean, I guess I don't know what I'm reading or I'm going
crazy.
Commissioner Hernandez: Mr. Waters, Mr. Waters, that gentleman that's directly behind you
was the one that came here and said that they had interviewed the process, and that you were
going to recommend them. You were not here. I don't know where you were. But I was here
when they said on the mike, under oath, that they had been recommended by the City of Miami.
Now, this gentleman says he's got a letter here approving this CBO.
Mr. Morales: Also, if you... one thing that I would like to say. It shows here the record of
different organizations doing the facade program. Well, in our board, our chairman is Mr. Angel
Gonzalez. He's not being paid by Metro Miami. He's getting no compensation. But he did the
facade program for the Allapattah Business Development Authority, and you can see his record.
I think it's time for something to get done, especially in the Wynwood area.
Mr. Angel Gonzalez: Good afternoon, Mayor, Commissioners, Vice Mayor. My name is Angel
Gonzalez. I reside at 3280 West Flagler Street, and I'm the deputy executive director of
Allapattah Business Development. The idea of Metro Miami Community Development came up
with looking at the necessity of working on different communities, like Wynwood, Model City
and Melrose. Metro Miami Community Development is a Dade Countywide organization. It's
not a community -based organization. We found that this organization... and I started working on
the different steps to push this organization ahead. Meanwhile, we met with people from the
Model City area, neighbors and residents of Model City, and from Wynwood, and we asked
them to come on board to work on their respective communities as we would have people from
Melrose...
Commissioner Plummer: Mr. Vice Mayor, if I may. I'm sorry to do this to my friend.
Mr. Gonzalez: Yes, sir.
Vice Mayor Regalado: Yeah.
Commissioner Plummer: The motion before us is to defer.
Vice Mayor Regalado: It has been deferred.
Commissioner Plummer: And the only conversation can be speaking to the deferment, nothing
else.
Vice Mayor Regalado: It has been deferred already. This Commission has voted.
Commissioner Plummer: So if you want to speak to why we shouldn't defer or we should defer,
your comments will be appropriate at the time it's brought back before the Commission.
Mr. Gonzalez: Yes. Well, I just want to clarify, because, you know, a couple of statements were
made in reference to the contract.
Commissioner Plummer: You can do that the next time it comes before the Commission.
95 July 24, 1997
Mr. Gonzalez: There is no contract, OK?
Commissioner Hernandez: I second your motion for discussion purposes, but realistically,
something that... I had forgotten that that did take place. Last time we brought it before was by
way of a pocket item.
Commissioner Plummer: Any time a Commissioner wants to speak, I'll fight for his right to do
what he thinks is proper.
Commissioner Hernandez: And it was stated that it wasn't an emergency, so we put it on the
agenda, and it was deferred to this agenda, and we're passing the buck one more time. I second
the motion. You made the motion. We'll go with it, but I think it's important that we hear these
people out, because we're finding a little bit more today from them than we are from our own
Administration.
Commissioner Plummer: Well, I will make a recommendation to the Management that when
you come back, I think that you ought to come back with a method of payment on... performance
based. OK? This idea of giving them fifty thousand dollars ($50,000) and hope they maybe
might do ten, if you put it on a performance base that they get so much as they do and perform,
and if they don't perform, they don't get diddly. So I'll tell you something. I think that you
ought to give serious consideration to performance base ability.
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Yes.
Commissioner Gort: In going back into this, if you will recall, when I first came in here, we did
away with about four agencies that were not performing. I think some of the agencies that are
making this group together, especially the... I'm talking to Allapattah. But when you look at the
records of the things they've done, they're the agency that's done the most facade treatment.
Now, my understanding is that they're a member of the board. They want to help the other
communities. I think staff should look into that when they look at the recommendations.
Commissioner Plummer: That's fine, but let's get the right numbers.
Commissioner Gort: Because if you all recall, Wynwood did have money. We took the money
away from one agency, when I first came in here...
Commissioner Plummer: Yeah, and ran with it.
Commissioner Gort: ... and it was given to another agency. But I think that other agency that
the money was given to was instructed to do housing. I think we have to be very clear that if we
house... if we fund through CDBG a community -based organization, specifically request what
are they going to perform and what is expected of them, from the beginning.
Commissioner Plummer: I agree. And I'll tell you something. If you look at the list which we
have, Wynwood was on the top of the list. They produced the best.
Mr. Gonzalez: Allapattah. Allapattah Business Development.
Commissioner Plummer: Allapattah. I'm sorry. I stand corrected.
Mr. Gonzalez: Right.
96 July 24, 1997
Commissioner Plummer: The point I'm trying to make is, I don't think we should give just a
"carte blanche" empty check or full check unless they produce. If they don't produce, they don't
get nothing. If they produce...
Mayor Carollo: Gentlemen, we have a very long agenda, and we have to move on. There's a
motion and a second to defer.
Commissioner Plummer: That's it.
Mayor Carollo: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
Mr. Gonzalez: Thank you very much.
Mayor Carollo: Thank you.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-517
A MOTION DIRECTING THE ADMINISTRATION TO STUDY AND
RECOMMEND A METHOD FOR FUNDING OF ECONOMIC DEVELOPMENT
COMMUNITY BASED ORGANIZATIONS ON A PERFORMANCE BASIS.
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.
----------------------------------------------------------------------------------------------------------------
30. APPROVE FUNDING FOR SERVICE PROVIDERS -- FOR PROVISION OF
HOUSING ASSISTANCE AND RELATED SERVICES TO LOW INCOME
PERSONS WITH HIV / AIDS.
Mayor Carollo: We're on item 25 now.
Commissioner Plummer: I move it, Mr. Mayor, for discussion purposes.
Mayor Carollo: Move it for discussion. Is there a second?
97 July 24, 1997
Vice Mayor Regalado: Second.
Commissioner Hernandez: Second.
Mayor Carollo: Second by Vice Mayor Regalado.
Commissioner Plummer: Mr. Manager, I want to tell you, I want you to fully and continuously
monitor all of these activities. I am very, very concerned about allocating, "whamo", eight
million dollars ($8,000,000) infusion into the community immediately. Now, if you have to take
and get a little bit more money for Administration, I want to tell you, as far as I'm concerned, I
want to make damned sure that these monies are going where they say they're going, and full
and complete audit and monitoring. Eight million dollars ($8,000,000) is a lot of money in my
book. I'm finished, Joe.
Mayor Carollo: All right. There's a motion and there's a second.
Commissioner Plummer: Does this gentleman want to...
Mayor Carollo: Is there any further discussion from the Commission?
Commissioner Gort: There's a gentleman who wants to speak.
Mayor Carollo: Go ahead, sir. You have two minutes. I need your name and address for the
record.
Mr. Mark Trimmings: Yes. Good evening. My name is Mark Trimmings. I'm a community
advocate for those that are infected and affected throughout Dade County. I live at 16 Northwest
183rd Terrace. I'm here on behalf of the HOPWA (Housing Opportunities for Persons with
AIDS) money being allocated, at the request of the ten providing agencies. A little while ago, I
was given the review package as to the services being rendered through the providing agencies.
I have not had time to look through it, but only two. My concern was, as I mentioned to Paul
this morning - Eisenhart - who I truly respect, because I have attended quite a few meetings with
Paul, and I'm aware of what goes on. That there... I found problems with the... If you
remember or recall, I left a copy of this in each Commissioner's office, in relation to the funds
being available to spend for the year 1993 through 1995. After reviewing this with Paul this
morning, and taking time out to look through it, I still have a lot of questions, and I still feel a bit
uncomfortable. Though I understand from Paul that that money has been accounted for, yet I
still have to...
Walter Foeman (City Clerk): You have 30 seconds.
Mr. Trimmings: I still have to feel comfortable with knowing that the issue can be taken care of,
the investigation can go on, and that the questions that need answers to are answered, and that
you all that sit here and make the decision for those that are infected and affected, that you make
it so that once these dollars are sent to the providing agencies, that the services not be cut, but
that these providing agencies be made aware and be monitored, that they shall not take these
funds for their personal use.
Commissioner Plummer: Sir, did you hear my comments? Complete audit and monitoring of all
programs.
Mr. Trimmings: That is correct.
Mayor Carollo: OK. Any further discussion?
98 July 24, 1997
Commissioner Plummer: Nope.
Mayor Carollo: Would you like to make a statement, sir? OK. Hearing none...
Commissioner Gort: He's smart.
Commissioner Plummer: He works for us.
Mayor Carollo: ... all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays." It passes unanimously.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-518
A RESOLUTION, WITH ATTACHMENT, APPROVING FUNDING OF TEN (10)
ORGANIZATIONS ("SERVICE PROVIDERS"), AS HEREIN SPECIFIED, FOR THE
PROVISION OF HOUSING ASSISTANCE AND RELATED SERVICES TO LOW
INCOME PERSONS WITH HIV/AIDS; ALLOCATING FUNDS THEREFOR IN THE
AMOUNTS OF $204,205 (ACCOUNT #194003.590603.6860.94654) AND $3,244,060
(ACCOUNT #194004.590604.6860.94654) FROM THE 1995 AND 1996 HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM GRANTS;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY CONTRACTS, AND ANY AMENDMENTS THERETO, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE PROGRAM;
FURTHER, PROVIDING AN EFFECTIVE DATE FOR SAID PROGRAM FUNDING.
(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.
99 July 24, 1997
----------------------------------------------------------------------------------------------------------------
31. APPROVE / IMPLEMENT CITY'S POLICE HOME OWNERSHIP
PROGRAM -- FOR PURPOSE OF PROVIDING FINANCIAL ASSISTANCE
TO SWORN POLICE OFFICERS WISHING TO PURCHASE AND RESIDE IN
A HOME IN THE CITY OF MIAMI -- ALLOCATE $100,000 FROM
COMMUNITY DEVELOPMENT BLOCK GRANT MULTI -FAMILY
REHABILITATION LOAN PROGRAM, ACCT. 045720-799201.
Vice Mayor Regalado: Mr. Mayor, I move 26. It's something that I really appreciate, because it
will be part of our Safe Neighborhoods Program.
Mayor Carollo: Absolutely.
Commissioner Plummer: I thought we were going to pull 27.
Commissioner Gort: I'll second it.
Mayor Carollo: There's a motion made by Vice Mayor Regalado, seconded by Commissioner
Gort.
Commissioner Gort: Under discussion.
Mayor Carollo: Under discussion.
Commissioner Gort: I think that the plan is real good, and I think that would be in great support
of the police. But why don't we make this available for all employees that would qualify?
Commissioner Plummer: I don't want to do anything that...
Commissioner Gort: Because one thing we're trying to do is get people to move hack into the
City of Miami.
Vice Mayor Regalado: Because this is for police visibility in the streets and the neighborhoods
of Miami. If we were to give this to the firemen, imagine a fire truck in front of a house. The
reason...
Mayor Carollo: They don't take them home.
Vice Mayor Regalado: The reason is that... The reason is that we have always been discussing
here that there are many police officers who do not live in the City of Miami. And since...
Commissioner Plummer: Eight percent.
Vice Mayor Regalado: ... the residence is not part of the contract, we... I thought that it was
good to bring back some police officers, people who want to raise their family in the City of
Miami, and not to give them a loan, but a grant, as part of this program. So if they follow the
different guidelines, which there are several, we will have City of Miami police officers living
and taking care of most of our areas in the City of Miami. And this is why it was singled out,
just the City of Miami policemen.
100 July 24, 1997
Commissioner Hernandez: I have a comment to make. I'm looking at this, and I have no
problem. I thought it was an excellent idea. The question is, how real a method is this, when
they have to meet that median?
Vice Mayor Regalado: Yeah.
Commissioner Hernandez: And most of the police officers already are almost... close to that...
over that 80 percent.
Vice Mayor Regalado: Commissioner, I had at least two calls from police officers who meet
these requirements. And if... We have an academy going on now. If, when the new members of
the police, the rookies start working, I am sure that some of them will appreciate this program.
If we are able to bring, maybe, this year ten, that will be sufficient for ten square blocks of the
City of Miami to be safe.
Commissioner Hernandez: I will guess that the feasibility of this is that the new...
Commissioner Gort: They have to qualify.
Commissioner Hernandez: ... the new police officers are the ones that are going to qualify.
Commissioner Gort: Right. They're the only ones that will qualify.
Vice Mayor Regalado: Right, right.
Commissioner Hernandez: Because of their salaries. Right.
Vice Mayor Regalado: Absolutely.
Commissioner Gort: What I'd like to add to that, because I talked to the union before, is there's
plenty of lots within the City of Miami, and I think somehow, we should create a program for the
other individuals, where maybe some of those lots can be made available, so they can move into
and build in those areas.
Commissioner Plummer: What provisions are in here that the house that they purchase with
these funds cannot be sold for "X" number of years?
Vice Mayor Regalado: Five.
Commissioner Plummer: Five years?
Vice Mayor Regalado: Five years. No?
Bob Nachlinger (Assistant City Manager): No, Commissioner. It actually runs...
Mr. Elbert Waters (Director, Community Development): The life of the loan.
Mr. Nachlinger: ... the length of the mortgage. If they have a 20-year mortgage or a 30-year
mortgage.
Commissioner Plummer: That's even better.
Vice Mayor Regalado: Oh, for the length of it. OK. Well, I have no problem with that.
101 July 24, 1997
Mayor Carollo: You want to speak on this item, Mr. Goenaga?
Mr. Manuel Gonzalez-Goenaga: Yes. For the first time...
Mayor Carollo: Two minutes, please. Identify yourself and your address.
Mr. Gonzalez-Goenaga: Mm-hmm. For the first time, I am with my friends, the police. But the
theory is very clear. The mechanism has to be integrated or... because if we are giving an
incentive to reside in the City of Miami, we should make the "dncentive" not to take the cars
away, and don't pay for it. And thirdly, regarding the income. I wonder if the overtime income
that has been getting the, police in this... Miami Herald's reviews are going to be considered as
part of the robbery income or honest income, if it's going to be computed in the amount of
money. So if they have a sixty-three thousand dollar ($63,000) average salary, they get paid...
better paid than Metro, and highway patrols. The problem, dear Brutus, starts... is not in our
stars, but in ourselves, from the City Manager down. Too high salaries in you people. This has
not changed that much. Thank you.
Commissioner Plummer: Would you call the roll?
Mayor Carollo: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays."
The following resolution was introduced by Vice Mayor Regalado, who moved its adoption:
RESOLUTION NO. 97-519
A RESOLUTION, WITH ATTACHMENTS, APPROVING THE CITY OF MIAMI'S
POLICE HOME OWNERSHIP PROGRAM, FOR THE PURPOSE OF PROVIDING
FINANCIAL ASSISTANCE TO POLICE OFFICERS DESIROUS OF PURCHASING
A SINGLE-FAMILY RESIDENTIAL UNIT IN THE CITY OF MIAMI; FURTHER
APPROVING THE POLICE HOME OWNERSHIP PROGRAM GUIDELINES
ATTACHED HERETO AND INCORPORATED HEREIN; FURTHER,
AUTHORIZING THE CITY MANAGER TO ALLOCATE $100,000.00 IN
UNEXPENDED PROGRAM INCOME FROM THE CDBG MULTI -FAMILY
REHABILITATION LOAN PROGRAM, PROJECT ACCOUNT CODE 045720-502-
799201, FOR THE PURPOSE OF IMPLEMENTING THE PROGRAM IN
ACCORDANCE HEREWITH.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
102 July 24, 1997
Upon being seconded by Commissioner Gort, the resolution was passed and adapted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Commissioner Plummer: Mr. Mayor, I ask...
Vice Mayor Regalado: Mr. Mayor, I would ask the City Administration to ask the Chief of
Police and Tony Rodriguez to communicate this program to the members of the City of Miami
Police Department.
Mr. Nachlinger: Well, we have to do that, sir.
Commissioner Plummer: On item 27, as president now of St. Hugh Oaks, I ask this matter to he
deterred.
Vice Mayor Regalado: Excuse... J.L.
Mr. Tony Rodriguez: Just very briefly. I'm Tony Rodriguez, Miami FOP (Fraternal Order of
Police). Vice Mayor Regalado, as we spoke earlier, we will do a mail -out to all of our members
giving them the details on this, and we will put it in our newsletter. And of course, we'll handle
that for the City Manager, and... who can do it otherwise. And I just want to say for the record, I
think it's a good program, and we're very much in support of it. Thank you very much.
----------------------------------------------------------------------------------------------------------------
32. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 27 (AUTHORIZE
TRANSFER AND ALLOCATION OF FUNDS FROM ST. HUGH OAKS
CONDO PROJECT TO NEIGHBORHOOD JOBS PROGRAM -- FOR YOUTH
CONSTRUCTION PROGRAM).
Mayor Carollo: Thank you. Before we move to 27, you want to defer this or...?
Commissioner Plummer: Defer 27.
Mayor Carollo: Yeah. OK. There's a motion for deferment of this item.
Commissioner Plummer: Yes.
Mayor Carollo: Second by Commissioner Gort. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
103 July 24, 1997
•
•
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-520
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 27 (PROPOSED
TRANSFER AND ALLOCATION OF $230,000 FROM PROCEEDS OF ST. HUGH
OAKS CONDOMINIUM PROJECT FOR ESTABLISHMENT OF A YOUTH
CONSTRUCTION PROGRAM).
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.
----------------------------------------------------------------------------------------------------------------
33. CONTINUED / PROCLAMATIONS -- WASTE INTEREX WEEK,
NOVEMBER 11-13, INTERNATIONAL TRADE SHOW.
Mayor Carollo: Now, before we go to 28, if we could make a final presentation that we had to
make today. The people are finally here. If I could have the representatives of Waste Interex
come up, please.
Commissioner Plummer: Who is it? I don't know.
Mayor Carollo: It's a proclamation for being the ex -campaign manager of Javier Suarez.
Commissioner Plummer: Oh. Damn smart man. Real smart man. "Oie vey."
Vice Mayor Regalado: That's a good one.
Commissioner Hernandez: It's a proclamation to Waste Interex. Week, declaring this week
Waste Interex Week.
NOTE FOR THE RECORD: At this point, Commissioner
Hernandez read the proposed proclamation into the public record.
Commissioner Plummer: Waste Interex.
104 July 24, 1997
----------------------------------------------------------------------------------------------------------------
34. ACCEPT BID: COPYCO, INC. -- FOR CITYWIDE COPIER SERVICES FOR GENERAL SERVICES ADMINISTRATION DEPARTMENT --
ALLOCATE FUNDS, $260,000 -NOT TO EXCEED.
Commissioner Plummer: I move item 28.
Mayor Carollo: Item 28.
Vice Mayor Regalado: Mr. Mayor, I have here a memo to the staff of the City of Miami from
one of the companies... as a matter of fact, the company that now has the service for the City of
Miami. And this company claims in this memo that because of the crisis in the City of Miami,
they're offering a discount of more than fifty thousand dollars ($50,000). Chief Rollason, I
think, knows about... This is from Icon, Chief. And I don't know if you want to talk to these
people again. I think that they did participate in the bid, but they are saying now that if we were
to extend one year this contract, they will discount fifty thousand dollars ($50,000) to the City of
Miami. And I don't know...
Commissioner Plummer: You can't do that.
Vice Mayor Regalado: I know... Listen to me. I know that we cannot do that. But... If there
isn't a way that we could defer this contract to see why these people now are offering a huge
discount?
Commissioner Plummer: Because they lost.
Vice Mayor Regalado: I know because they lost, but, I mean, this... This is a savings of more
than fifty thousand dollars ($50,000) to the City of Miami. I don't understand why we could not
take a look over.
Commissioner Plummer: You'd have to give the same opportunity to all the bidders.
Chief Frank Rollason (Director, General Services Administration): Mr. Vice Mayor, we did take
a look at it. That letter came to me after the bid tabulations, and after the recommendations were
put together for the award. They did not approach us prior to the bid with this offer. They did
not approach us prior to the bid opening with this offer. And when it showed up after the fact, 1
sent it to Judy Carter in Procurement, because it didn't seem appropriate for me to start to be
discussing an issue with a company when they had the opportunity to even put it in as a bid
alternate, and they didn't do that. So now, we're sitting here with the two bids, and we're
evaluating them. And along comes somebody and says, "Hi, I did not... Obviously, I'm not the
low bidder, but I've got another option to make." I didn't feel it was appropriate to discuss it
with them. I didn't, and I forwarded it to Judy Carter, and I said, "I got problems with sitting
down with these people now, because it seemed to me that it was not really an ethical thing to
do, in light of the bid process that we had gone through." And Judy can comment further on it.
But...
Commissioner Plummer: All four of the companies are in Miami Lakes.
Ms. Judy Carter (Director, Purchasing): Yes. I think you and I have spoken, Vice Mayor,
regarding that.
105 July 24, 1997
Vice Mayor Regalado: Right. This morning, Judy, you said the same, that this is unethical.
But... And you may be right. My only concern was to bring to your attention, and the members
of the Commission, that somebody is offering service for fifty thousand, sixty thousand dollars
($60,000) less than we are paying.
Ms. Carter: And I think someone always can do that after they've seen the bids. They can
always do that after they have seen the bids open, and know what the responses are.
Commissioner Plummer: Tell it like it is. Tell it like it is. We got one choice. Either we award
it...
Ms. Carter: The appropriate thing for them to have done was to...
Commissioner Plummer: I mean, throw them out.
Ms. Carter: ... one, to present this particular proposal to Mr.... Frank here. And had he been in
agreement with it, he could have come to me and we could have considered an extension. He
did not. He also could have submitted an alternate bid, which is available to us in our
solicitation, and he did not. It is not appropriate for us to consider someone else's price who
would always be lower after particular bids have been open from a solicitation.
Commissioner Plummer: "Deal," cried the losers.
Chief Rollason: One other issue, Mr. Vice Mayor, dealing with the savings. The bid that we
have in, over the life of the bid will save us approximately a hundred and sixty-seven thousand
dollars ($167,000) over the three-year period. So it we're talking about just one year extension
saving us fifty, we're talking this new contract, with new machines... In other words, if I
continue the Icon contract for another year, I've got the same machines that I have. He has made
an offer to Milton Mizell, who works in Graphics that they would upgrade some of the machines
that are older and are having more problems, because they are getting older. They're now tour
years into the process. But when looking at the new bid that we have, over last year, we're
looking at a savings of a hundred and sixty-seven thousand for three years, and two hundred
twenty-two thousand for four years. So there is a savings there, going with the award that we've
recommended.
Commissioner Gort: OK.
Commissioner Plummer: Hey, we got two choices. We either award the low hid, or we throw
them all out. It's just that simple.
Mayor Carollo: You're absolutely correct, Commissioner. That's the only way we can go.
Commissioner Plummer: I move the recommended firm.
Mayor Carollo: There's a motion.
Commissioner Plummer: I think I already did.
Commissioner Gort: Second.
Mayor Carollo: There's a motion for the approval of the recommended firm.
Commissioner Plummer: Throw out Judy and Frank, but we'll keep the bid.
106 July 24, 1997
Chief Rollason: I'll second that.
Mayor Carollo: It's been seconded by Commissioner Gort. Hearing no...
Commissioner Plummer: Mr. Frank.
Mayor Carollo: Hearing no further discussion...
Mr. Manuel Gonzalez-Goenaga: Yes.
Mayor Carollo: Oh.
Mr. Gonzalez-Goenaga: Just a clarification.
Mayor Carollo: Of course.
Mr. Gonzalez-Goenaga: I am against all bids for the particular reason that I have... Now, as a
citizen, as part-owner of this City, and also a voter for this Commission, I get a... I have always -
not because of inflation -.an increase in copying fees, from 15 cents to 20. And Office Depot is
four cents. And they don't allow me to take the papers that I need, to try to speak intelligently
before this Commission, I cannot take them out, go to Office Depot, get four cents a copy. Why
don't we save more by charging every City employee? Because we are the owners of the City.
If I would get this paper that I asked for free, like I got the budget... thanks to Mr. Gort. He
made a terrific effort, gift, but not out of his own pocket. Out of my own pocket. But anyway, I
appreciate it. So let's consider the citizens...
Commissioner Gort: Next time, you go to J.L. Next time, you go to J.L.
Mr. Gonzalez-Goenaga: Let's consider the citizens of Miami.
Commissioner Plummer: Is that J-A-I-L?
Mr. Gonzalez-Goenaga: J-A-I-L. J... no.
Commissioner Plummer: Your second home.
Mr. Gonzalez-Goenaga: J.L. Plummer.
Commissioner Plummer: It's your second home.
Mr. Gonzalez-Goenaga: You were out of town, of the City. The burial. And let me tell you, I
have been advised that they are buying me a burial, you know, to put me, and so I want the title
to sell it. When I die, I want to be buried in Puerto Rico. Thank you.
Commissioner Plummer: I told you, your gift certificate is waiting.
Mr. Foeman: Thirty seconds.
Mayor Carollo: Well, all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays."
107 July 24, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-521
A RESOLUTION ACCEPTING THE BID OF COPYCO, INC., FOR THE
FURNISHING OF CITYWIDE COPIER SERVICE ON A LEASE/RENTAL BASIS
FOR THREE (3) YEARS WITH THE OPTION TO EXTEND FOR AN ADDITIONAL
ONE (1) YEAR. PERIOD TO THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, GRAPHIC REPRODUCTIONS DIVISION AT A TOTAL
PROPOSED ANNUAL AMOUNT NOT TO EXCEED $260,000; ALLOCATING
FUNDS THEREFOR FROM THE BUDGETS OF VARIOUS DEPARTMENTS
LEASING COPIERS; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS
SERVICE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
35. ACCEPT BID: WILLIAMSON CADILLAC CO. -- FOR LEASING OF
VEHICLES FOR CITY OFFICIALS -- ALLOCATE FUNDS, $35,213.64 FROM
ACCT. 001000.921002.6. 840.
Commissioner Plummer: I move 29.
Mayor Carollo: Twenty-nine.
Commissioner Plummer: And for the record, they're not Cadillacs. They're Crown Victorias.
Vice Mayor Regalado: Second.
Mayor Carollo: Moved and seconded. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays."
108 July 24, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-522
A RESOLUTION ACCEPTING THE BID OF WILLIAMSON CADILLAC CO, FOR
THE LEASING OF TWO (2) VEHICLES TO BE USED BY CITY OFFICIALS, ON A
CONTRACT BASIS FOR THIRTY-SIX (36) MONTHS, WITH AN INITIAL FIRST
YEAR COST OF $7,310.82 PER VEHICLE AND THEREAFTER $5,148.00
ANNUALLY PER VEHICLE, FOR A TOTAL LEASE AMOUNT OF $35,213.64;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO.
001000.921002.6.840; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THESE
VEHICLES.
(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
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Humberto Hernandez
----------------------------------------------------------------------------------------------------------------
36. ACCEPT BID: DATA STORAGE CENTERS -- FOR COMMERCIAL
RECORDS MANAGEMENT AND STORAGE FACILITY -- FOR CITY
DEPARTMENTS -- ALLOCATE FUNDS, $10,677 FROM ACCT. 921002-340.
Commissioner Plummer: Move 30.
Mayor Carollo: Thirty has been moved. Second by Commissioner Gort. All in favor, signify by
saying "aye."
The Commission (Collectively): Aye.
109 July 24, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-523
A RESOLUTION ACCEPTING THE BID OF DATA STORAGE CENTERS, A DADE
COUNTY/NON-MINORITY VENDOR, FOR THE PROVISION OF A
COMMERCIAL RECORDS MANAGEMENT AND STORAGE FACILITY FOR
VARIOUS CITY DEPARTMENTS, ON A CONTRACT BASIS FOR ONE (1) YEAR
WITH THE OPTIONS TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR
PERIODS, AT AN ESTIMATED ANNUAL COST OF $10,677; ALLOCATING
FUNDS THEREFOR FROM SPECIAL PROGRAMS AND ACCOUNTS, ACCOUNT
CODE NO. 921002-340; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
SAID FACILITY.
(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
----------------------------------------------------------------------------------------------------------------
37. ACCEPT PROPOSAL OF COLUMBIA/CEDARS MEDICAL CENTER -- FOR
DRUG SCREENING SERVICES -- FOR HUMAN RESOURCES
DEPARTMENT-- ALLOCATE FUNDS, $14,384, ACCT. 270101-260.
Mayor Carollo: Thirty-one.
Commissioner Plummer: I move it and I have a question.
Mayor Carollo: Moved by Commissioner Plummer, seconded by Vice Mayor Regalado.
Commissioner Plummer: Is this screening being done in the City of Miami?
Ms. Renee Jones: Yes, it is.
Commissioner Plummer: Thank you.
Mayor Carollo: OK. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
110 July 24, 1997
Mayor Carollo: No "nays."
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-524
A RESOLUTION ACCEPTING THE PROPOSAL OF COLUMBIA/CEDARS
MEDICAL CENTER FOR THE PROVISION OF DRUG SCREENING SERVICES
FOR THE DEPARTMENT OF HUMAN RESOURCES, ON A CONTRACT BASIS
FOR AN INITIAL TERM OF TWO (2) YEARS, WITH TWO (2) RENEWAL
OPTIONS OF ONE (1) YEAR EACH, AT AN ESTIMATED COST OF $14,384.00
DURING THE FIRST YEAR OF THE INITIAL PERIOD; FURTHER, PROVIDING
FOR A THREE PERCENT (3%) ANNUAL INCREASE, PER UNIT/TEST
PERFORMED, EFFECTIVE THE FIRST DAY OF THE FIRST OPTION PERIOD
UNTIL THE END OF THE CONTRACT PERIOD; ALLOCATING FUNDS
THEREFOR FROM THE DEPARTMENT OF HUMAN RESOURCES GENERAL
OPERATING BUDGET, ACCOUNT CODE NO. 270101-260; AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, OR TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Humberto Hernandez
----------------------------------------------------------------------------------------------------------------
38. AUTHORIZE SETTLEMENT: DAVID VAN BUREN -- ALLOCATE FUNDS
$1,434 PLUS $109 IN COSTS FROM SELF-INSURANCE TRUST FUND
CODE 620103-652.
Mayor Carollo: Thirty-two.
Commissioner Gort: Move it.
Mayor Carollo: Moved by Commissioner Gort.
Commissioner Plummer: Second.
Mayor Carollo: Second by Commissioner Plummer. Two minutes, Mr. Goenaga.
III July 24, 1997
Mr. Manuel Gonzalez-Goenaga: Two minutes for 32 and 33, which are seconds. Can you
imagine for being arrested, and then all these litigations for... even on appeal for this amount of
money? And then on 33, another settlement, basically false arrest. Hey, you guys...
A. Quinn Jones, III, Esq. (City Attorney): It's not... Mr. Goenaga, it's not a settlement. These
were judgments entered by... These were judgments. These were judgments.
Mr. Gonzalez-Goenaga: Of course, judgments, yes.
Mr. Jones: Yeah. The cases went to trial. The cases went to trial.
Mr. Gonzalez-Goenaga: But wait until you get my judgment, which I have not filed my lawsuit
yet. So get ready and start to save money in this self-insurance account, because my needs will
be for nine illegal arrests.
Mayor Carollo: All in favor of 32, say "aye."
Commissioner Plummer: Movant says yes.
The Commission (Collectively): Aye.
Mayor Carollo: It passed unanimously.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-525
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY DAVID
VAN BUREN THE SUM OF $1,435.00, PLUS COSTS IN THE AMOUNT OF $109.00
PURSUANT TO COURT ORDER AND POST -JUDGMENT INTEREST, IN FULL
AND COMPLETE SATISFACTION OF ANY AND ALL CLAIMS, DEMANDS AND
JUDGMENTS AGAINST THE CITY OF MIAMI, PURSUANT TO THE FINAL
JUDGMENT FOR PLAINTIFF, AS ORDERED BY MARVIN H. GILLMAN OF THE
ELEVENTH JUDICIAL CIRCUIT COURT ON JUNE 20, 1997, IN CASE NO. 94-
00162 SP (05) (03), WITH SAID FUNDS TO BE PROVIDED FROM THE
INSURANCE AND SELF-INSURANCE TRUST FUND, INDEX CODE NO. 620103-
652.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
112 July 24, 1997
r�
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
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Humberto Hernandez
----------------------------------------------------------------------------------------------------------------
39. AUTHORIZE SETTLEMENT: WILLIE GEORGE ROSS -- ALLOCATE
FUNDS, $16,000 PLUS $2,609.83 IN COSTS FROM SELF INSURANCE
TRUST FUNDS CODE 620103-652.
Commissioner Plummer: Thirty-three, I move.
Mayor Carollo: Moved by Commissioner Plummer, seconded by Vice Mayor Regalado.
Commissioner Plummer: Also a judgment.
Mayor Carollo: All in favor, signify by saying "aye."
The Commission (Collectively): Aye:
Mayor Carollo: It passes unanimously.
113 July 24, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-526
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY WILLIE
GEORGE ROSS THE SUM OF $16,000.00, PLUS COSTS IN THE AMOUNT OF
$2,609.83 PURSUANT TO COURT ORDER AND POST -JUDGMENT INTEREST, IN
FULL AND COMPLETE SATISFACTION OF ANY AND ALL CLAIMS, DEMANDS
AND JUDGMENTS AGAINST THE CITY OF MIAMI, PURSUANT TO THE FINAL
JUDGMENT FOR PLAINTIFF, AS ORDERED BY JUDGE MICHAEL H. SALMON
OF THE ELEVENTH JUDICIAL CIRCUIT COURT ON APRIL 27, 1995, AND AN
AGREED ORDER TAXING COSTS AS ORDERED BY JUDGE GERALD
WETHERINGTON OF THE ELEVENTH JUDICIAL CIRCUIT COURT ON JUNE 5,
1995, IN CASE NO. 92-9392 CA (15), WITH SAID FUNDS TO BE PROVIDED
FROM THE INSURANCE AND SELF-INSURANCE TRUST FUND, INDEX CODE
NO. 620103-652.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Regalado, 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
----------------------------------------------------------------------------------------------------------------
40. AUTHORIZE DOWNTOWN DEVELOPMENT AUTHORITY TO
ESTABLISH ONE-HALF MILL MILLAGE RATE -- FOR DOWNTOWN
DEVELOPMENT DISTRICT.
Mayor Carollo: We're on 34 now.
Commissioner Plummer: Oh, my God.
Commissioner Gort: Move 34.
Mayor Carollo: Moved, 34.
Commissioner Plummer: Yes.
Mayor Carollo: Commissioner seconds it. Commissioner Gort made the motion. All in favor,
signify by saying "aye."
114 July 24, 1997
The Commission (Collectively): Aye.
Mayor Carollo: It passed unanimously.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-527
A RESOLUTION AUTHORIZING THE DOWNTOWN DEVELOPMENT
AUTHORITY ("DDA") TO ESTABLISH A PROPOSED MILLAGE RATE OF ONE-
HALF (1/2) MILL FOR THE DOWNTOWN DEVELOPMENT DISTRICT OF THE
CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
1997 AND ENDING SEPTEMBER 30, 1998; FURTHER, AUTHORIZING AND
DIRECTING COMMUNICATION OF SAID PROPOSED MILLAGE RATE TO THE
DADE COUNTY TAX COLLECTOR AND THE METROPOLITAN DADE COUNTY
PROPERTY APPRAISER, TOGETHER WITH THE DATE, TIME AND PLACE OF
THE PUBLIC HEARINGS AT WHICH THE MIAMI COMMISSION WILL
CONSIDER THE PROPOSED MILLAGE RATE AND THE DDA PROPOSED
BUDGET FOR SAID FISCAL YEAR.
(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
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Humberto Hernandez
----------------------------------------------------------------------------------------------------------------
41. EXTEND CONTRACTS BETWEEN CITY AND PITMAN PHOTO AND
MARDEL ENTERPRISES, INC. -- FOR PHOTOGRAPHIC SUPPLIES -- FOR
VARIOUS CITY DEPARTMENTS -- ALLOCATE FUNDS, $128,075.
Commissioner Gort: Move 35.
Mayor Carollo: Thirty-five has been moved by Commissioner Gort.
Commissioner Plummer: Mr. Mayor, I'm going to tell you, I'm going to vote for 35, but for the
life of me, Mr. Manager, I'd like a justification. That's an awful lot of money for photographs.
And I just think that somebody is abusing it.
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
115 July 24, 1997
Commissioner Plummer: No, no, forget about the photographs. I mean, you knew, they're out
there... I don't know what they're doing. But a hundred and twenty-eight thousand dollars
($128,000) is a lot of photographs. OK? Please give me a justification on that.
Mayor Carollo: OK. How much of this is police oriented?
Commissioner Gort: All of it.
Commissioner Plummer: All of it.
Ms. Judy Carter (Director, Purchasing): The majority of it.
Mayor Carollo: You've got a lot of crime scenes.
Commissioner Plummer: Yeah, I know. I know.
Mayor Carollo: Anyway, all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays." It passed unanimously.
Commissioner Gort: J.L., as a photographer, I can tell you it can he expensive.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-528
A RESOLUTION EXTENDING THE CONTRACTS BETWEEN THE CITY AND
PITMAN PHOTO, INC., AND MARDEL ENTERPRISES, INC., FOR THE
FURNISHING OF PHOTOGRPAHIC SUPPLIES FOR VARIOUS CITY
DEPARTMENTS, ON AN AS -NEEDED BASIS, FOR AN ADDITIONAL TERM OF
ONE (1) YEAR IN AN AMOUNT NOT TO EXCEED $128,075.00; ALLOCATING
FUNDS THEREFOR FROM THE OPERATING BUDGETS OF THE VARIOUS
USING CITY DEPARTMENTS; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE
ORDERS FOR THESE PURCHASES, UNDER THE SAME PRICE, TERMS AND
CONDITIONS OF BID NO. 95-96-050, SUBJECT TO THE AVAILABILITY OF
FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
116 July 24, 1997
•
•
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
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Humberto Hernandez
----------------------------------------------------------------------------------------------------------------
42. APPROVE FURNISHING OF OFFICE VIRGIN AND ' RECYCLED PAPER
FROM NCR CORPORATION / FRC OFFICE PRODUCTS / MAC PAPERS,
INC. / ZELLERBACH -- FOR PAPER FOR VARIOUS DEPARTMENTS --
ALLOCATE FUNDS, $200,000 AND CHARGE BACK TO USERS.
Mayor Carollo: Thirty-six has been moved by...
Commissioner Gort: Move it.
Mayor Carollo: ... Commissioner Gort. Second by Commissioner Plummer.
Commissioner Plummer: Yeah.
Vice Mayor Regalado: A lot of paper.
Mayor Carollo: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
117 July 24, 1997
•
0
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-529
A RESOLUTION APPROVING THE FURNISHING OF OFFICE VIRGIN AND
RECYCLED PAPER FRO MNCR CORPORATION, FRC OFFICE PRODUCTS, MAC
PAPERS, INC., AND ZELLERBACH, FOR THE PROVISION OF PAPER FOR
VARIOUS CITY DEPARTMENTS AND OFFICES AWARDED UNDER EXISTING
STATE OF FLORIDA CONTRACT NO. 645-1-20-96-1; PROVIDING FOR THE
ACQUISITION OF THESE ITEMS ON AN AS -NEEDED CONTRACT BASIS UNTIL
SEPTEMBER 30, 1998, IN AN AMOUNT NOT TO EXCEED $200,000;
ALLOCATING FUNDS THEREFOR FROM APPLICABLE DEPARTMENT
ACCOUNT CODES AT THE TIME OF PURCHASE; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR SAID SUPPLIES ON AN AS -NEEDED BASIS
THROUGH SEPTEMBER 30, 1998 PURSUANT TO SAID STATE OF FLORIDA
CONTRACT.
(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
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Humberto Hernandez
----------------------------------------------------------------------------------------------------------------
43. APPROVE REJECTION OF PROTEST FROM S & C CONSTRUCTION IN
CONNECTION WITH BID 96-97-091, PROJECT B-5590, WATSON ISLAND
SANITARY SEWERS.
Mayor Carollo: Thirty-seven.
Vice Mayor Regalado: Move it.
Mayor Carollo: Moved by Vice Mayor Regalado. Second by Commissioner Gort.
Commissioner Plummer: Thirty-seven and 38 are together, right? Yeah.
Mayor Carollo: Open for discussion.
Commissioner Plummer: Mr. City Attorney, this is going to be up your alley. You better listen.
Hold up. There seems to be a prayer meeting going on over here. Father Humberto and Rabbi...
118 July 24, 1997
Commissioner Hernandez: No, it's a legal matter. You're not privy to this.
Commissioner Plummer: Caroline Weiss, you got nothing better to do than sit around here all
day? Why don't you go to St. Hugh's and pray for us? All right. Huh? It's going to he
deterred. That's what I just heard.
Mayor Carollo: OK. There's a motion and a second.
Commissioner Plummer: That's it.
Mr. Edward Marquez (City Manager): OK. Mr. Mayor, could I...
Commissioner Gort: Could you put on the record the reason why it's being deferred?
Vice Mayor Regalado: There is a motion to approve the rejection.
Mayor Carollo: There is a motion to approve. Now, it's open for questions, statements.
Commissioner Plummer: Well, did not...
Mayor Carollo: Your pleasure.
Commissioner Plummer: May I ask a question?
Ms. Judy Carter (Director, Purchasing): If I might...
Commissioner Plummer: It is my understanding one of our colleagues is asking to defer, and if
that is the case...
Commissioner Hernandez: Let... I spoke to Mr. Kay. He's telling me, and he'll make common
sense to that, that it's important that this project proceed. And I understand that. I want...
Commissioner Plummer: I have no problem with that. I have a problem if one of my colleagues
asks to defer for more information that we're not honoring it. Now, if you're not asking for the
deferment, then that's a different story.
Commissioner Hernandez: No. I think in speaking with the Law Department, what I believe is
best, based on common...
Commissioner Plummer: Please...
Commissioner Hernandez: OK. Well, you don't want to get into that.
Commissioner Plummer: I'm not getting into the issues. I'm not getting into the issues.
Mayor Carollo: You're asking for a deferment or...
Commissioner Plummer: If you're asking for a deferment, 1 have always and will defend that
right of any colleague to do it.
Mayor Carollo: You said that already, J.L. Thank you.
Commissioner Plummer: OK.
119 July 24, 1997
Mayor Carollo: What you need to do, Commissioner, is to then provide for a substitute motion
to defer, because there is a motion already to approve it. So if you make a substitute motion to
deter and someone seconds it, it would take priority over the motion we now have, and we could
vote on deferment...
Commissioner Hernandez: I follow the process. I just wanted to make sure that... If you want
to hear the discussion on it, I think it's important, so you know where we sit on it. But if we just
want to go forward with it, with the substitute motion, we'll do that.
Mayor Carollo: Well, I think we should try to hear some of it, regardless of where the
Commission stands.
Commissioner Plummer: That's fine with me.
Commissioner Hernandez: Then let's leave the motion aside for a moment.
Mayor Carollo: OK. There is a motion, though, for approval so far, so we could hear the
argument on both sides.
Ms. Carter: Yes, sir.
Mayor Carollo: Madam.
Ms. Carter: Thank you, sir. Judy Carter, Director of Purchasing and Chief Procurement Officer.
We received... The City of Miami received a protest from a company by the name of S&C
Construction in response to a bid solicitation by the Department of Public Works for the Watson
Island sanitary sewage lines. They submitted a timely protest, they are the second low bidder,
and their protest has to do with the issues regarding the licensing requirements and the extent to
which the apparent low bidder met those requirements for being recommended the award of
contract. The apparent low bidder is Ric -Man International. We received ten bids, and Ric -
Man, who is a State -certified utility and excavating contractor, was the low bidder, and he was
deemed the firm that we were recommending for a water bid. S&C submitted their protest and
said two things. One, that, in fact, Ric -Man International does not meet the qualifications to do
the work, because they are not a general contractor. They also indicated in their letter that they
feel that they, two, are not capable of performing the job, because they did not have what is
called a qualifying business license. Based upon those two issues, and based upon the fact that,
one, the State of Florida holds full jurisdiction for public contracting here within the State of
Florida; and two, because Ric -Man International is a State -certified contractor, the City felt it
was appropriate that we submit a letter to the Construction Licensing Board for the State of
Florida to seek a ruling. We did that. And in response to that ruling, we received a couple of
comments. One, that, yes, Ric -Man International is qualified as a utility excavating contractor to
perform the work. And I would submit that S&C should not have that as an issue anymore. The
second issue has to do with, again, the qualifying business license and the extent to which Ric -
Man should have had this license at the time that they submitted the bid. They do have the
license. They have the license... I believe the license is effective June 27th. They made
application June 26th, something to that effect. So as we sit here, we do know that they have the
license. But that is not their issue. Their issue is that at the time of the bid, they should have
held the license. Our position is that that is not the case, that this is a curable issue, in fact, if, in
fact, he had that license before the signing of the contract, that we were comfortable that, in fact,
the licenses were in order, and that, in fact, Ric -Man could do the work. If we take a look at -
let's see - one other issue I'd like to say in regards to the qualifying business license. According
to the contents of the response from the State, they did not indicate at all that a qualifying
business license had to be held by a contractor at the time of the hid. They did say, however,
120 July 24, 1997
that a QBL (qualifying business license), if I might say, was a responsibility for every contractor
to hold who was a business corporation certified by the State of Florida. Our position is that at
the time of bid, that was not a requirement. Further, our laws - I'm sorry - our requirements of
our solicitation did not require that. The only thing that we required that the vendor hold at the
time of bid submission was that they, in fact, held a Certificate of Competency, which they do,
and, of course, that should not be in issue here today. So it is with those positions that we are
recommending that their protest be rejected; that, in fact, Ric -Man holds the qualifications
through the Certificate of Competency; and two, that they hold the QBL, and that they are more
than capable of performing this work, and have performed this work throughout here... Dade
County.
Commissioner Plummer: A question.
Ms. Carter: Yes, sir.
Commissioner Plummer: Very simple language. Did the RFP (Request for Proposals)...
Ms. Carter: The bid.
Commissioner Plummer: ... the bid state that they had to have the license at the time of bidding?
Ms. Carter: No, sir, it did not.
Commissioner Plummer: Thank you.
Mayor Carollo: OK. Do you have any further statements or recommendations that you would
like to make, Mr. Kay?
Mr. Jim Kay (Director, Public Works): Yes, sir. Jim Kay, interim Director of Public Works for
the record. Mayor and Commissioners, this is a somewhat complex project. It is not just a little
sewer job. We have over 12,000 lineal feet of sewer pipe on this project, which consists of two
subaqueous directional drill bores under Biscayne Bay. That's 3200 lineal feet of subaqueous
directional bore. We have a gravity sewer collection system to be constructed. We have a pump
station and force main to be constructed with this job, and we have a bore and jack operation
underneath McArthur Causeway. All of these different operations have to come together for this
system to be able to operate and work. And we feel that we do need to have this project
underway as soon as possible, because we do have a deadline for the Visitors Bureau in the fall
of next year, and we need to have this thing completed by at least the summer of this year.
Mr. Jack Luft (Director, Planning & Development): Our time lines for both of our projects on
Watson Island, Parrot Jungle and our Visitors Bureau project, will require the completion of this
particular project. It is absolutely essential that we move forward. We are quite concerned about
meeting our obligations on time lines to our successful bidder on the north side.
Mayor Carollo: By when did you say that we needed to have it completed?
Mr. Kay: I'm sorry, I made a mistake in that. But I said we have to have this completed by the
summer of next year... this project completed by then.
Commissioner Gort: You said the summer of this year.
Mr. Kay: Yeah. I'm sorry, I said this year. I meant the summer of next year, 1998, because the
Visitors Bureau is due to open, I believe, in November of '98.
121 July 24, 1997
Mayor Carollo: Well, we've heard from staff. What is the will of the Commission?
Commissioner Hernandez: Are we going to hear from...?
Mr. Robert Holland: Is it possible we can actually put some things in the record as it relates to
this? Because we disagree with the dispositive issues before you. My name...
Mr. Jeffrey Nelson: Mr. Mayor... excuse me. Mayor, I represent the low bidder, and I'd like to
ask that the Commission inquire of each of the speakers whether they are registered as lobbyists
and have paid the fee, if they are receiving compensation. I believe that certain lobbyists are
here, based on their non-profit capacity, and may not have paid a fee to appropriately represent
themselves here.
Mayor Carollo: Are you the owner of this firm, sir, or...?
Mr. Holland: No. Dr. Clarence Smith is the owner of the firm, sir.
Mayor Carollo: OK. Mr. City Attorney, can you guide us on whether anyone here would have
to register or not?
A. Quinn Jones, III, Esq. (City Attorney): Well, it depends on whether... Are either of you
being paid by Dr. Smith as principal, to encourage a decision one way or the other before this
Commission.
Commissioner Plummer: Huh?
Mr. Holland: I am being paid for my presentation...
Mr. Walter Foeman (City Clerk): I've received a check.
Mr. Holland: ... and we registered and paid a check.
Mr. Jones: OK. Well... He's registered?
Mr. Foeman: Yes, he is.
Commissioner Plummer: OK. Thank you.
Mr. Holland: You're welcome.
Mr. Nelson: And if you would follow up with the next speaker, as well.
Mr. Holland: Ms. Carter was very eloquent in her disposition of what her review happened to
bring about. In fact, the issues that I think everyone would say are given issues would be: One,
that the difference between the two bidders is less than one percent - that's not at issue; two, that
the State of Florida's Construction Industry Board requires that all construction businesses other
than individuals or sole proprietors possess a qualified business license. That's all of those
businesses. And the third thing that's a given is that the low bidder, Ric -Man, did not possess
the QB (qualifying business) license at the time that they submitted their bid here in the City of
Miami. None of those issues are in dispute. The issues that are in dispute, however, is: One,
whether or not the QB license was required in the bid documents. Ms. Carter would say, or has
said on the record that those requirements were not in the bid specifications. If you actually turn
to the first page of the bid documentation... and I passed out folders to most of you... in fact, to
all of the board. The first page of the bid proposals solicits not only the State Contractor's
122 July 24, 1997
Competency Certificate, but it also says in a catchall portion of the proposal, it says, "All bidders
shall" - not "could," not "would," but "shall," a mandatary statement - "All bidders shall
investigate the necessity of compliance with the contracting requirements of Chapter 488... 489,
rather, of the Florida Statutes and the Florida Construction Industry Licensing Board which fixes
registration and certification procedures by the State of Florida. That burden is on the contractor
to make sure that he, or she, or they have done all of their due diligence to make sure that their
certificates are in place at the time that they submit their bids to the City of Miami. The mere
fact that the City of Miami did not specifically request a particular certificate does not exonerate
them from their obligation to provide every license or requirement, or have in their possession,
or have already applied for those licenses in advance. So it is in the bid document. So we would
dispute the fact that it is not in your bid documents, number one. Two, the other issue that's at
dispute is the failure to have a QB license at the time of bid is permissible or curable, as staff
would say. Well, there was no diapositive reference to that in the State's letter hack to Ms.
Carter. In fact, the State states: "We require a Certificate of Authority/Qualified Business
Organization license on all construction businesses other than an individual and a sale
proprietorship, as per Florida Statute 489.119," of which... and the representative of Ric -Man
International is here. They do not qualify as an individual or sole proprietorship. Therefore,
Section 489.119 applies to them, and a QB license is required of them. That's what the State
requires. Additionally, if you look at the statute itself... and again, you all should have this
folder here. On Page 1113, under "Business Organizations," the statute reads:
"If the applicant proposes to engage in contracting as a business organization,
including any partnership, corporation, business trust or other legal entity, or in
any name other than its legal name, the business organization must apply for
certification or registration through a qualifying agent, or the individual applicant
must apply for certification or registration under their fictitious name, if it's a
fictitious... if they're operating under a fictitious name. Additionally, the statute
goes on to define what "contracting" is. "'Contracting' means, except as
exempted in this part, engaging in business as a contractor, and includes, but it
not limited to performance of any of the acts as set forth in this section. The
attempted sale of contracting services and" - this is the key - "the negotiation or
bid of a contract of these services also constitutes contracting. If services are
offered" - which means at the bid - "If services offered require licensure or agent
qualification," which is what the QB license requires, "the offering negotiation for
bid or the attempted sale of these services requires the corresponding licensure,"
which means at the time of bid.
In addition to that, if you go to page... I think it's 1117, prohibitions under this statute. And
again this is not curable language. It says: "No person shall" - "person" refers to the entity that
is bidding -
"No person shall" - not "may," but "shall" - "engage in the business or act in the
capacity of a contractor, or advertise himself or the business organization as
available to engage in the business or act in the capacity of a contractor without
being duly registered or certified."
Now, there has been some question as it relates to the technical requirement that the City
required as it relates to Ric -Man, and that should be enough. I would argue that this statute also
addresses that. We're saying that the registration of Ric -Man with the State is not a mandatory
item. Well, if you look at your bid documents, a contractor is mandated, even in your hid
documents, to register in Dade County. State law has preemption. So haw come we can actually
say, "Well, State law doesn't matter, but Dade County registration does"? The State requires this
registration to cut down on fraud and to be able to track contractors throughout the State of
Florida. In fact, there's a section here that goes on to talk about the criminal violation that would
take place if this contract is awarded to Ric -Man. It says,
"For purposes of this subsection, a person or business organization operating on
an inactive or suspended certificate" - and we would equate that to a non -valid
certificate or registration - "or operating beyond the scope of work in the
geographical scope of the registration, is not duly certified or registered."
123 July 24, 1997
The question has come up as to whether or not "certified or registered," which is found
throughout this legislation, is a disjunctive statement. This here points to the fact that it is not a
disjunctive statement. They're actually used together throughout this statute pretty much
synonymously. It says that you are not duly certified or duly registered if you do not have this
QB license. So if you just say, well, they're certified, but they aren't registered, then again,
legally, they have no grounds to stand on. And it has to be done at the time of hid. In fact, it
says, as it relates to applicability:
"The State, or any County, or any City shall require all bids submitted for
construction, improvement, remodelling or repair of public buildings he
accompanied by evidence that the bidder holds the appropriate certificate or
registration" - not a disjunctive - "unless the work to be performed is exempt."
And this work is not exempt. So respectfully, we would say, according to Florida law, Ric -Man
is deemed... should be legally deemed nonresponsive, according to State law, and therefore, the
bid should go to the second low bidder.
Ms. Carter: If I might say one thing, and then I will allow the attorney to speak. Over and over
again the attorney has spoken of two words - "certified" and "registered," "registered" and
"certified." Well, first of all, let's find out what the law says that they mean, according to the
definitions. And if I might read what it says.
"'Certified contractor' means any contractor who possesses a Certificate of
Competency issued by the Department, and who shall be allowed to contract in
any jurisdiction in the State without being required to fulfill the competency
requirements of that jurisdiction."
I submit to you that this firm has their Certificate of Competency from the State of Florida.
Well, let's look at "registered," in terms of that definition.
"'Registered contractor' means any contractor who is registered with the
Department, pursuant to fulfilling the competency requirements in the jurisdiction
for which the registration is issued. Registered contractors may contract only in
such jurisdictions."
What that means, sir, is this: When you are certified, that means that you have been
administered examination by a certain Construction Board. If you are administered examination
at the State level, you are then a certified State of Florida contractor. And in order to do business
in this Dade County, you must then present yourself to Dade County, in order to become a
registered contractor to do the work here. Ric -Man does, in fact, have those licenses, just as
S&G. Secondly, the opposite coin holds the same case. If, in fact, you decide you are not going
to obtain or allow the State to receive your particular certification requirements at the State level,
you can go to Dade County and obtain your certification. When you do that, then you must
present to the State of Florida that you are certified by Dade County, and then you would be
registered. That is what those terms mean, and they do not deal with this whole notion of QBLs
or qualifying business license. It has to do solely with the extent to which you hold your
Certificate of Competency to do the work.
Commissioner Hernandez: J.L., are you a little bit more confused now?
Commissioner Plummer: I... You know, as far as I'm concerned, it's just very simple. The City
Attorney is going to make a ruling, we're going to be hound by that ruling. Urn not a lawyer,
and I have heard both sides. Am I totally confused? No more than I was from the beginning,
because I was totally confused at the beginning. OK?
Mr. Holland: Can I make several clarifying points to respond to Ms. Carter as it relates to the
registration? She mentioned that the definitions of "registration" and "certified" are different,
and they are. However, when you look at the language throughout the statute, and the statute
says "certified" or "registered," the only way her statement holds legal water, the only way that
statement of "certified" or "registered" holds legal water, when she says they are different, then
124 July 24, 1997
you have to take that disjunctive and see if it... either half of that disjunctive stands on its own,
i.e., can a contractor be allowed to register to do work in the State of Florida and not he
certified? Can you have one without the other? I would tell you that you cannot. A contractor
has to have a general contractor's license in order to be certified in the State. If we're saying it's
either/or at the time of submittal, and since they had the certification at the time, they just didn't
have the registration, then that assumes that disjunctive allows you to have either one of those at
the time of bid submittal. State law does not require that, nor does State law just allow
registration to the local municipalities, because it is the State who is also trying to track even
those contractors that are registered before the municipalities.
Commissioner Gort: I'm sorry., I'm getting lost a lot, and I'm getting worse.
Commissioner Hernandez: I'm following his argument. I was reading part of the statute.
Commissioner Gort: Well, I hope somebody can clarify this, and I would like to hear from our -
attorneys.
Mr. Jones: Commissioner, Ms. Carter has, I think, adequately laid out what the City's position
is. I recommend we go forward. Certainly, if Ric -Man thinks... not Ric -Man, but if S&C feels
like it's been aggrieved, then certainly, it can pursue whatever redress it wishes to seek. The
Manager has indicated that he needs this project. I feel satisfied and the language contained
within the... that Ms. Carter has pointed out, in terms of what constitutes a certified and a
registered contractor. Quite candidly, the letter from the State basically says that the QBL is no
more than a mechanism by which the State keeps track of these individuals, or firms, or
whatever the case. So I really think it's no more than a "red herring." I think it's clear, and the
evidence sustains the fact that they do have a Certificate of Competency. The only thing that the
RFP indicated - or should I say the bid indicated, the bid documents indicated that at the outset,
that it's incumbent upon them to investigate what licensure requirements there are. I think they
have complied with it, and I think that, as Ms. Carter has indicated, if, in fact, this was such a
substantive portion of the bid that would disqualify that, I cannot agree with that. I really think
that the QBL is really of no moment. And I have to stand by the analysis that's been given, and
we go from there.
Commissioner Plummer: Thank you for your brief opinion.
Commissioner Hernandez: Based on that opinion, and I followed... I was following his
argument, and I had a little powwow over here. I'm going to withdraw my motion to defer the
substitute motion and then whoever had the other motion on the floor...
Vice Mayor Regalado: I have the other motion, Commissioner, to approve, and the reason...
and the reason to do this on my part is that this City has to move forward.
Commissioner Plummer: That's the next item. That's the next item.
Vice Mayor Regalado: We cannot wait one day, one week, one month. We just have to dig into
the soil. This is why I introduced the motion, and so I... My motion is on the table.
Commissioner Gort: I want to clarify a point that was stated here. My understanding is - and I
might be wrong - the difference between the two bids is about two hundred and seventy thousand
dollars ($270,000)?
Mr. Kay: No.
Commissioner Plummer: No. No.
125 July 24, 1997
Mayor Carollo: No, no. It's only a few thousand dollars.
Mr. Kay: It's about twenty thousand dollars ($20,000) difference, approximately.
Mayor Carollo: Yeah.
Commissioner Gort: OK. How come I get two million six ninety-nine to two million nine sixty-
nine?
Commissioner Plummer: Go up to the top up here.
Commissioner Gort: OK.
Commissioner Plummer: My only concern... not concern. My only "upsetness" is that company
is out of Pompano Beach.
Mayor Carollo: It cost you six hundred bucks.
Commissioner Plummer: Huh? I don't know why... Huh?
Ms. Carter: Neither is within Dade County.
Commissioner Plummer: I'm not saying that. I'm just saying that I prefer to do business with
people that are home folks.
Mr. Clarence Smith: And we are a Dade County organization. If I can speak, Commissioners,
just for one second, and I know...
Mayor Carollo: You're the owner?
Mr. Smith: Yes, I'm the owner.
Mayor Carollo: OK. You don't have to pay the six hundred dollars ($600), right?
Mr. Smith: I hope not.
Mayor Carollo: OK.
Mr. Smith: I appreciate an opportunity to be brief here, and I understand you've spent a lot of
time on this issue. And I obviously did not file this issue in a frivolous manner. I am... My
name is Dr. Clarence Smith. I'm a native Miamian, grew up in Overtown, born and raised there,
still have property there. I pay taxes in the City of Miami. My business at one time was located
in the City of Miami until we grew a little bit out of our quarters and had to find larger space,
and unfortunately, just moved outside the City limits. However, I would like to just state that the
Watson Island project was a very important project to me. As a citizen growing up here, I have a
lot of firsts associated with Watson Island. It was the place where I first got on a sailboat at the
Miami Yacht Club. It was the place where I first rode a helicopter from the heliport there, took a
blimp ride. Many things relate to my childhood from Watson Island. So I had a special feeling
for this project, and I exerted my staff to make every effort for us to participate and accomplish
this project for the City of Miami, as my commitment has been for most of my life to the City. I
feel, leaving the profession of medicine and getting into contracting, trying to establish
something for the citizens of my community in the Overtown area, and the other areas of Miami,
which have been depressed, this would have been a project which would have provided work
126 July 24, 1997
and a sense of pride in our accomplishing what the City is asking us to do. We are a qualified
company. We can do everything that Ric -Man can do. We are certainly not as old a company as
they are; however, we have all of the capabilities that they have. Again, not approaching this in
a frivolous manner, I contacted the State myself. It's not just Ms. Carter who spoke with the
head of the agency, and I got a different opinion. I got the opinion that she was not asking the
correct questions. There were questions that were not asked of the Chairman of the Construction
Industry Licensing Board which we have placed to him, but have not gotten a response as yet.
We have spoken with the attorney for the Construction Industry Licensing Board, who has
agreed with our take on the State statute. I would hope that you would consider these things
when you vote to move forward, because I feel we have a legitimate objection to what has been
stated here. I know with all the "legaleese," it gets very confusing. But as a lawyer, I'm a great
doctor, and I can tell you I've studied the issue, I've looked at this thoroughly, and I believe
we're on firm legal ground.
Mayor Carollo: Any further statements from the Commissioners?
Mr. Nelson: Commissioners, Mr. Mayor, Jeff Nelson, on behalf of Ric -Man International. I
can't really rebut a like story about loving Miami. I love Miami, too. I hope you'll take that into
consideration. Ric -Man has done millions of dollars worth of work successfully in Dade
County, and for the City of Miami before, and I hope you'll take that into consideration, as well.
But as far...
Commissioner Plummer: Why don't you move here and pay taxes?
Mr. Nelson: As far as... I'm sure you could direct that to both of us, Commissioner, and we'll
both be happy to consider it.
Commissioner Plummer: It's a million dollars ($1,000,000) worth of a contract.
Mr. Nelson: With regard to the issues that are germane here and now, the lengthy reading of the
statute that the attorney for S&C provided you does not relate to the QBL licence. It relates to
registration and certification. The QBL license is not mentioned in Chapter 489. And your staff
has done its due diligence. It has contacted the Construction Industry Licensing Board, and it
has sought the opinion from the Board. And the only way to obtain that opinion is to...
Commissioner Plummer: Do you know when... to quit when you're ahead?
Mr. Nelson: I'll be happy to quit.
Mayor Carollo: There is a motion and a second. Any further discussion or statements requested
by members of the Commission?
Commissioner Plummer: Mr. Mayor, just for the record, you know, I think he has a point, but,
Doctor, and to your barrister, I have to he governed by my City Attorney. I have to do that,
because if I step outside of his ruling, I'm on my own. When he makes a ruling and I abide by
that, he's got to protect me. So I hear you talking. I wish to God there was something I could do
for local folks. I wish that. I've taken heat on that many, many times. But I've got to go with
my... The City Attorney says he's comfortable with that, and that's what I've got to do. And if
you wish to further redress it, you have that opportunity.
Mr. Holland: Well, can I ask just one thing? And I won't prolong the issue. I think since the
item is... the issue is such an important issue as it relates to Watson Island and the timetable that
you're on, I think it might even be in the City's interest, maybe, to defer this till the next meeting
to allow the attorneys to actually get together on what the law is, because if the item is passed,
127 July 24, 1997
•
•
then it forces us to pretty much hold the project up in court, when some of this could probably be
dealt with between attorneys, versus a department director trying to deal with the legal issues.
Commissioner Plummer: Sir, we've already asked that. And that's why I asked the City
Attorney, "Are you comfortable with what you have heard that the City is in a position to
defend?" And the answer was, "yes."
Mr. Holland: And I agree with you, Commissioner Plummer. I heard him say that, as well. But
I heard him mention "red herring," when there's criminal sanctions tied to the statute. I don't
know how that's a red herring.
Mayor Carollo: I call the...
Mr. Jones: Well, let me say this. I don't see the sanctity of any criminal... you know, anybody
going to jail behind this one way or the other. And I don't think that this... If, in fact, you
pursue a lawsuit, that certainly is your desire, and certainly, I don't think you would hold up this
project. At most, at risk the City would be in a bind for, if you were successful, would be
damages, monetary damages. I don't think you're going to... I feel confident that you're not
going to get an injunction.
Commissioner Hernandez: Mr. Mayor, I'd like to call the question at this time.
Mayor Carollo: The question has been called.
Commissioner Plummer: Thank God.
Mayor Carollo: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays." It passes unanimously.
128 July 24, 1997
•
•
The following resolution was introduced by Vice Mayor Regalado, who moved its adoption:
RESOLUTION NO. 97-530
A RESOLUTION APPROVING THE CHIEF PROCUREMENT OFFICER'S
DECISION TO REJECT THE PROTEST OF S&C CONSTRUCTION, IN
CONNECTION WITH BID NO. 96-97-091, PROJECT #13-5590, WATSON ISLAND
SANITARY SEWERS, AS IT HAS BEEN DETERMINED TO BE WITHOUT MERIT.
(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.
Mr. Holland: Thank you for your consideration.
Mayor Carollo: Surely. Thank you.
----------------------------------------------------------------------------------------------------------------
44. ACCEPT BID: RIC-MAN INTERNATIONAL, INC. -- FOR WATSON
ISLAND SANITARY SEWERS PROJECT, B-5590 -- ALLOCATE FUNDS,
$2,893,145 FROM PROJECT 351283.
Commissioner Plummer: Move 38.
Mayor Carollo: Thirty-eight has been moved by Plummer.
Vice Mayor Regalado: Second.
Mayor Carollo: Second by Commissioner Gort. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
129 July 24, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-531
A RESOLUTION ACCEPTING THE BID OF RIC-MAN INTERNATIONAL, INC. IN
THE PROPOSED AMOUNT OF $2,279,543.50 TOTAL BID OF THE PROPOSAL,
FOR THE PROJECT ENTITLED: "WATSON ISLAND SANITARY SEWERS, B-
5590"; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 3.51283, AS
APPROPRIATED BY THE FISCAL YEAR 1995-96 CAPITAL IMPROVEMENT
ORDINANCE NO. 11337, AS AMENDED, IN THE AMOUNT OF $2,279,543.50 TO
COVER THE CONTRACT COST AND $613,601.50 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL COST OF $2,893,145.00; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
------------------------------------------------------ ---------------------------------------------------------
45. APPROVE SELECTION OF GLOBE FACILITIES SERVICES TO PROVIDE
PROFESSIONAL SERVICES FOR MANAGEMENT / OPERATION /
MAINTENANCE OF MIAMI CONVENTION CENTER -- FURTHER DIRECT
MANAGER TO PRESENT NEGOTIATED CONTRACT TO COMMISSION
FOR APPROVAL.
Mayor Carollo: We're on to 39.
Commissioner Plummer: Yeah, this is...
Commissioner Hernandez: Where are you? Thirty-nine.
Unidentified Speaker: Is that the Hyatt alone?
Commissioner Plummer: That's the Hyatt.
Ms. Christina Abrams (Director, Public Facilities): I am requesting the Commission's...
130 July 24, 1997
Commissioner Plummer: Whatever you do, it's wrong.
Ms. Abrams: ... authorization for the City Manager to negotiate a contract with a management
firm selected by a selection committee for the management and operation of the Miami
Convention Center.
Mayor Carollo: How long are we talking about?
Ms. Abrams: The terms are five years with the option to renew for five more years.
Commissioner Plummer: That's too long.
Ms. Abrams: That's been the way it's...
Mayor Carollo: Well, I'm just concerned. The company, I'm sure, is fine. I'm sure we'll
negotiate good terms.
Commissioner Hernandez: I move it.
Mayor Carollo: I'm just concerned if we do anything else in that property there, if this would
make it a little harder for us, for the long period.
Ms. Abrams: Well, we can write that into the contract.
Commissioner Gort: You can make that part of the contract. I'll second the motion.
Mayor Carollo: Yeah. I would advise that, and I think the Manager knows where I'm coming
from. That needs to be included in the contract, to have an escape clause there.
Vice Mayor Regalado: Has the motion been seconded already?
Mayor Carollo: Yeah.
Commissioner Gort: I already did.
Mayor Carollo: Yeah. There's a motion and there's a second. Anyone from the public who
would like to address the Commission on this item? Seeing none, all in favor, signify by saying
"aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
131 July 24, 1997
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-532
A RESOLUTION APPROVING THE FINDINGS OF THE MIAMI CONVENTION
CENTER MANAGEMENT REQUEST FOR PROPOSALS ("RFP") SELECTION
COMMITTEE AS TO THE MOST QUALIFIED FIRM TO PROVIDE
PROFESSIONAL SERVICES FOR THE MANAGEMENT, OPERATION AND
MAINTENANCE OF THE MIAMI CONVENTION CENTER; AUTHORIZING THE
CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH THE MOST
QUALIFIED FIRM, IN RANK ORDER; AND FURTHER DIRECTING THE CITY
MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE CITY
COMMISSION FOR ITS RATIFICATION AND APPROVAL.
(Here follows body of resolution, omitted here and on file in the Orrice of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mayor Carollo: Forty, we've dealt with...
Commissioner Plummer: Wait, wait a minute. On 39...
Mayor Carollo: ... in the morning.
Commissioner Plummer: On 39, did we...
Commissioner Gort: It passed.
Commissioner Plummer: I understand that, but did we name a firm?
Ms. Abrams: Yes. We had the selection committee evaluate three proposers. In the...
Commissioner Plummer: But did we vote on the name of a firm?
Mayor Carollo: Yeah.
Commissioner Gort: Yes.
Vice Mayor Regalado: Yeah.
Commissioner Plummer: OK. I didn't hear it.
132 July 24, 1997
Commissioner Hernandez: The one the selection committee chase.
Mayor Carollo: Yeah.
Commissioner Plummer: I didn't hear.
Mayor Carollo: Globe Facility Services. It's the lowest of the three bidders.
Commissioner Plummer: That's fine.
Ms. Abrams: Correct.
----------------------------------------------------------------------------------------------------------------
46. RATIFY / APPROVE / CONFIRM CITY MANAGER'S EMERGENCY
FINDING -- WAIVE COMPETITIVE BIDS -- AWARD CONCESSION
AGREEMENT TO CATERING BY DAVID LYNN, INC AT ORANGE
BOWL STADIUM.
Mayor Carollo: OK. We're on 41.
Commissioner Plummer: Move it.
Commissioner Hernandez: Second.
Mayor Carollo: It's been moved by Commissioner Plummer, seconded by Commissioner
Hernandez. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
133 July 24, 1997
E
•
The following resolution was introduced by Commissioner Plummer, who mewed its adoption:
RESOLUTION NO. 97-533
A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDINGS THAT A VALID EMERGENCY
EXISTS, WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING
PROCEDURES FOR AND AWARDING A CONCESSION AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, TO CATERING BY DAVID
LYNN, INC. FOR CONCESSION SERVICES AT THE ORANGE BOWL STADIUM,
UNDER TERMS AND CONDITIONS SET FORTH IN THE EXISTING
AGREEMENT FOR SAID PURPOSE, AND ON A MONTH -TO -MONTH BASIS FOR
A PERIOD NOT TO EXCEED FIVE (5) MONTHS; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE SAID CONCESSION AGREEMENT WITH
CATERING BY DAVID LYNN, INC. FOR SAID PURPOSE.
(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.
----------------------------------------------------------------------------------------------------------------
47. AUTHORIZE RENOVATIONS OR REPAIRS TO 5TH LEVEL EMERGENCY
EXIT STAIRS AT ORANGE BOWL STADIUM.
Mayor Carollo: Forty-two.
Commissioner Plummer: Move it.
Mayor Carollo: Moved by Commissioner Plummer.
Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Hernandez. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
134 July 24, 1997
•
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-534
A RESOLUTION AUTHORIZING RENOVATIONS OR REPAIRS TO THE
EMERGENCY EXIT STAIRS LOCATED AT THE 5TH LEVEL PRESS BOX AT THE
ORANGE BOWL STADIUM; FURTHER AUTHORIZING THE CITY MANAGER
TO TAKE WHATEVER STEPS ARE NECESSARY TO ASSURE THAT SAID
REPAIRS ARE COMPLETED PRIOR TO THE COMMENCEMENT OF THE
UNIVERSITY OF MIAMI FOOTBALL SEASON.
(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.
----------------------------------------------------------------------------------------------------------------
48. WAIVE COMPETITIVE BIDDING -- AUTHORIZE CITY MANAGER TO
EXECUTE `LEASE AGREEMENT WITH MIAMI YACHT CLUB WITH
CONDITIONS.
Mayor Carollo: We're on 43 now.
Commissioner Gort: Lease agreement.
Mayor Carollo: This has to do with...
Commissioner Gort: Miami Yacht Club.
Commissioner Plummer: Where are they?
Dena Bianchino (Assistant Director, Asset Management): They're here.
Vice Mayor Regalado: Mr. Mayor, we are here again with this issue of 20 years lease. And it
seems that we have talked about big plans for Watson Island, and we're coming now with a 20-
year lease. So...
Mayor Carollo: How many acres are here?
135 July 24, 1997
Commissioner Plummer: Six point five six.
Mayor Carollo: Six point five six. Well, all the questions and all the statements that were made
before by different people on the other side of the island, you could feel free to make them here,
if you want, now. _
Ms. Bianchino: Commissioners, based on our discussion at the last meeting, we went back on a
couple items and have done the following. We have reduced the break point of this organization
from four hundred thousand down to three eighty, so the City can realize more income, more
quickly. We have also negotiated with the Yacht Club regarding the use of their facility by the
Miami Marine Patrol. The Miami Marine Patrol is currently located at Bayside. They have to
leave there. They have no place to go for about three or tour years. We have made a
recommendation to you that the Marine Patrol be located at the Yacht Club for no rent, and that
the Yacht Club be credited an amount of three hundred dollars ($300) to reflect cost of utilities
and janitorial services that would be required to service the Marine Patrol.
Commissioner Plummer: Why?
Ms. Bianchino: Because that's an out-of-pocket expenditure that has to be made by the Yacht
Club. They're not going to be paying for any slips. They're not going to be paying...
Commissioner Plummer: I understand that, but I... It just seems wrong to me that we've got to
pay them to have a clean bathroom.
Ms. Bianchino: Well, it's more the utilities. It's... The Marine Patrol is a 24-hour operation.
They're going to be occupying a thousand square feet that is going to be air conditioned 24 hours
a day.
Commissioner Plummer: No, no, no.
Commissioner Hernandez: What was their gross revenue last year?
Ms. Bianchino: Their gross revenue last year was three hundred and thirty-seven thousand
dollars ($337,000).
Commissioner Plummer: But they're adding...
Commissioner Hernandez: And the year before last?
Ms. Bianchino: I don't have that information.
Commissioner Plummer: Humberto, they're doubling almost the amount of slips. That's where
the key comes in. Well, I'll tell you something. I think they need to defer this, and mote time to
think about that three hundred dollars ($300) a month.
Ms. Bianchino: Well, maybe they would care to comment on it at this time.
Mr. Jim Campbell: Jim Campbell, Commodore of the Miami Yacht Club.
Commissioner Plummer: You want to cancel the three hundred a month?
Mr. Campbell: May I speak first?
Commissioner Plummer: Well, I'm ready to make a motion if you're ready to make a statement.
136 July 24, 1997
0
Mr. Campbell: We are relinquishing our source of revenue to the Marine Patrol, two slips that
we generate three hundred dollars ($300) a month on. We are relinquishing a number of dry
storage spots. We are paying the additional light bill. Three hundred dollars ($300) is...
Commissioner Plummer: Ten dollars ($10) a day.
Mr. Campbell: Well, if you figure the...
Commissioner Plummer: Do you know how much six and a half acres of waterfront property are
worth?
Mr. Campbell: It's only three acres on the property. The rest of it is hay bottom.
Commissioner Plummer: OK. Sir, you can make all the statements you want. I'm with you, I
love you, I want you there, but I ain't voting for the three hundred. Now, you want a motion to
approve?
Mr. Campbell: I think I do.
Commissioner Plummer: I move item 43.
Mayor Carollo: Hold on, hold on. I didn't understand this. We need to have on the record if
what you were telling and volunteering to Commissioner Plummer was that you were waiving
the three hundred dollars ($300) for the Marine Patrol.
Mr. Campbell: That's what he asked for.
Commissioner Plummer: That's right.
Mr. Campbell: If that's the only way we got a lease over there, after all these years, then that's
what we're going to have to do.
Commissioner Plummer: I think it's fair. I really think it's fair.
Mayor Carollo: Well, it seems to me that he's not going to be a happy camper, even with the
three hundred dollars ($300).
Commissioner Plummer: Well, you're talking thirty-six hundred dollars ($3,600) a year.
Commissioner Hernandez: What's the square footage on thirty-five thousand a year, plus... well,
if they ever get to that. You're saying there's a... they're doubling the... Are they doubling the
slips? Is that the deal?
Mr. Campbell: No. The slips, there are 38 fixed slips there. We are not allowed to add any
more, according to DERM (Department of Environmental Resource Management). We are
relinquishing two of those slips to the Marine Patrol. That amounts to three hundred dollars
($300) a month coming out of our pocket that we would normally use for paying our bills.
Vice Mayor Regalado: So your gross revenues will not go up. That's what you're saying.
Mr. Campbell: Do what?
Commissioner Plummer: That's the dry slips. What about the wet slips?
137 July 24, 1997
Mr. Campbell:
We're talking wet slips.
Commissioner Plummer: What about the anchorage?
Mr. Campbell:
We don't have an anchorage.
Commissioner Plummer: You've got dry sips.
Mr. Campbell:
We have dry storage spots. We're relinquishing nine of those. _
Mayor Carollo:
How many do you have all together?
Mr. Campbell:
I beg your pardon?
Mayor Carollo:
How many dry slips do you have?
Commissioner Plummer: They're not really slips. They're on trailers.
Mr. Campbell: They're just... They're 10-by-20-foot spots for parking boats. We have
approximately 140 of those. And right now, we are probably in the order of about 75 percent
occupied on the dry storage.
Commissioner Hernandez: Last time you were here, and I believe I asked one of your
associates, how many members are in this club?
Mr. Campbell: Two hundred and twenty-five.
Commissioner Hernandez: And what percentage of those 225 are City residents?
Mr. Campbell: Twenty-five percent.
Commissioner Hernandez: Twenty-five percent.
Commissioner Plummer: Seventy-five percent don't pay taxes.
Mr. Campbell: We've been... We've been on this site since 1947, and the buildings and all the
improvements that were made there were made by our members. We've never had the City of
Miami involved in any of the improvements. We pay our taxes on time, we pay our rent on time.
We've been without a lease with the City for approximately 15 years. We suffered a great deal
of damage in Hurricane Andrew. We're trying to recover from that. We're just beginning to.
With a lease, we can move ahead.
Mayor Carollo: What... The terms that they're getting, in as far as the amount of years, is the
same as the Outboard next door that was approved?
Ms. Bianchino: Yes. The Miami Yacht Club... Outboard Club has a 20-year term with two
additional five-year periods.
Mayor Carollo: This is the same, 20 with two additional five.
Ms. Bianchino: The same thing.
Mayor Carollo: How long ago did... the Outboard's contract was approved?
138 July 24, 1997
Commissioner Plummer: Two or three years ago.
Ms. Bianchino: It was approved on April 1, 1996, and it expires in the year 2006.
Commissioner Plummer: Last year?
Commissioner Gort: Last year.
Commissioner Hernandez: What are they paying?
Ms. Bianchino: They are paying thirty-five thousand dollars ($35,000) a year, but no percentage
of gross income. They have a flat base rent. The only percentage they pay is ten percent of their
restaurant income, which is minimal at best.
Commissioner Hernandez: How much acres do they have?
Ms. Bianchino: They have five point six nine (5.69) acres.
Commissioner Hernandez: What a deal.
Mayor Carollo: That's including bay bottom.
Ms. Bianchino: That's including... all their property, that's correct. Two point six six (2.66)
submerged, and three upland.
Commissioner Plummer: See, they don't have the amount of wet space. Most all of that stuff is
on trailers.
Mayor Carollo: I'll tell you, what I really would like to see is to have both leases he at least hack
in the same time period.
Commissioner Plummer: Nineteen, five and five?
Mayor Carollo: Well...
Commissioner Plummer: That's tine.
Mayor Carollo: You know, put them back to the same date.
Ms. Bianchino: But we would just lessen the number of the first term to bring them into...
Mayor Carollo: Yeah. Yeah. So they could both he coming up at the same time.
Ms. Bianchino: We can easily do that.
Mayor Carollo: OK
Commissioner Plummer: Well, so what we're saying is, I guess, is 19, five an five.
Ms. Bianchino: Right.
Mayor Carollo: Well...
139 July 24, 1997
Commissioner Plummer: And then both leases are concurrent.
Mayor Carollo: Almost 19, I believe. It would be just a little below 19. Eighteen... whatever.
Commissioner Plummer: But whatever it is, that they're concurrent.
Mayor Carollo: Yeah.
Commissioner Plummer: Yeah.
Ms. Bianchino: We'll make them concurrent.
Commissioner Plummer: Yeah. I move item 43, subject to amendment.
Mayor Carollo: Forty-three, with the amendments has been approved.
Commissioner Hernandez: I second it.
Mayor Carollo: Second by Commissioner Hernandez. Would you like to make any further
statements, sir?
Mr. Campbell: Other than this is without the three hundred dollar ($300) rebate. Correct?
Commissioner Plummer: Correct.
Mr. Campbell: So we're supporting the total operation of the Miami Marine Patrol at our
facility, all the costs associated with keeping their boats, power, the rent.
Mayor Carollo: Well, let me say this to you. If you'd like, we can send you a hill for the extra
security that you'll be having that's going to help you bring more members and enhance your
property, but you know, we haven't said anything on that.
Commissioner Plummer: Well, that's only five thousand a year. Which do you prefer?
Mr. Campbell: Thank you very much, gentlemen.
Mayor Carollo: Surely. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
Commissioner Plummer: You know, I agree.
140 July 24, 1997
•
•
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-535
A RESOLUTION WAIVING THE COMPETITIVE BIDDING AND REFERENDUM
REQUIREMENTS AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
LEASE AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
BETWEEN THE CITY OF MIAMI AND THE MIAMI YACHT CLUB, INC., A
FLORIDA NOT -FOR -PROFIT CORPORATION, FOR THE LEASING OF
APPROXIMATELY 6.56 ACRES OF REAL PROPERTY AND BAY BOTTOM
LAND, LOCATED AT 1001 MACARTHUR CAUSEWAY, WATSON ISLAND,
MIAMI, FLORIDA; SAID LEASE TO: (1) COMMENCE ON THE EXECUTION
DATE OF THE LEASE AGREEMENT AND EXPIRE ON MARCH 31, 2016, WITH
THE OPTION TO RENEW FOR TWO ADDITIONAL FIVE-YEAR PERIODS; (2) BE
AT AN INITIAL YEARLY RENTAL OF $35,000 PLUS NINE PERCENT OF GROSS
REVENUES IN EXCESS OF $380,000 PER YEAR; (3) PROVIDE
APPROXIMATELY 1,000 SQUARE FEET OF OFFICE SPACE, FOUR WATER
SLIPS AND NINE DRY STORAGE SPACES FOR THE EXCLUSIVE USE BY THE
CITY OF MIAMI MARINE PATROL; AND (4) BE IN ACCORDANCE WITH THE
TERMS AND CONDITIONS TO BE CONTAINED IN SAID LEASE AGREEMENT.
(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.
----------------------------------------------------------------------------------------------------------------
49. DESIGNATE BROWNFIELDS REDEVELOPMENT PROJECT CATEGORY
"B" -- AUTHORIZE PROFESSIONAL ENVIRONMENTAL ENGINEERING
AND CONSULTING SERVICES -- APPOINT CERTIFICATION
CERTIFICATION COMMITTEE -- APPOINT JACK LUFT CHAIRMAN OF
SELECTION COMMITTEE -- FURTHER DIRECT ADMINISTRATION TO
INCLUDE PRIVATE SECTOR IN CERTIFICATION AND SELECTION
COMMITTEES.
Mayor Carollo: We're on 44.
Commissioner Plummer: Who are the members to be appointed to that committee? Who are the
chair... who...
141 July 24, 1997
Mr. Jack Luft (Director, Planning & Development): OK. Certification Committee for... is Jim
Kay, Registered Engineer; Len Helmers (phonetic), Registered Engineer; and Wilbur Majorca,
Public Works Department.
Commissioner Plummer: How many of those are from the private sector?
Mr. Luft: No. These are appointed by the Manager for professional selection, as per the
Charter.
Commissioner Plummer: I move to defer. Throw them out.
Mr. Luft: They have to be registered engineers.
Commissioner Plummer: Fine. We got plenty of... I'd like some people from the outside to be
involved. You know, the City people don't have all the smarts. They're some on the outside,
and I'd just like to have the input and thinking of people that are in private business.
Vice Mayor Regalado: Second.
Mr. Luft: OK. Let me... Perhaps we can approach it this way. This is only a certification
committee to establish the credentials of the firms. The selection of the firms will come later.
Commissioner Plummer: Jack, I'm just saying, you know, when you get the people of your City
involved in your City, they think more of you. All right? And, you know, there are smart people
in the private sector. Get some of their input. Get some of their expertise. I'll move to approve
it now. OK?
Mr. Luft: This is just for credentials.
Commissioner Gort: Second.
Commissioner Plummer: All right. I move to approve 44.
Mayor Carollo: Moved by Commissioner Plummer, seconded by Commissioner Gort. All in
favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
142 July 24, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-536
A RESOLUTION DESIGNATING THE MIAMI BROWNFIELDS
REDEVELOPMENT PROJECT AS A CATEGORY "B" PROJECT FOR THE
PURPOSE OF ACQUIRING PROFESSIONAL ENVIRONMENTAL ENGINEERING
AND CONSULTING SERVICES; APPOINTING A CERTIFICATION COMMITTEE
OF NOT LESS THAN THREE MEMBERS WHOSE PROFESSIONAL EXPERTISE IS
IN THE AREA OF ENGINEERING, AND APPOINTING JACK LUFT, DIRECTOR
OF PLANNING AND DEVELOPMENT OR HIS DESIGNEE, AS CHAIRPERSON OF
THE COMPETITIVE SELECTION COMMITTEE, ALL IN ACCORDANCE WITH
CITY OF MIAMI CODE SECTION 18-81 AND FLORIDA STATUTES CHAPTER
287.
(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.
----------------------------------------------------------------------------------------------------------------
50. AUTHORIZE CITY MANAGER TO EXECUTE NEGOTIATED
AGREEMENT WITH SPILLIS, CANDELA & PARTNERS -- FOR
PROFESSIONAL AVIATION PLANNING AND ARCHITECTURAL
SERVICES FOR WATSON ISLAND AVIATION & VISITORS CENTER
PROJECT -- ALLOCATE FUNDS, $715,500 FROM CIP WATSON ISLAND
AVIATION & VISITORS CENTER FACILITY PROJECT 344101.
---------- -----------------------------------------------------------------------------------------------------
Commissioner Plummer: Move 4.5.
Commissioner Gort: Second.
Mayor Carollo: Forty-five has been moved by Commissioner Plummer, seconded by
Commissioner Gort. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It's approved unanimously.
143 July 24, 1997
Commissioner Plummer: That's a 150 mile an hour railroad train.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-537
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NEGOTIATED AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, IN AN AMOUNT NOT TO EXCEED $696,000 WITH SPILLIS,
CANDELLA & PARTNERS, TO PROVIDE PROFESSIONAL AVIATION
PLANNING SERVICES AS PART 1 AND ARCHITECTURAL, ENGINEERING
SERVICES AS PART 2, FOR THE WATSON ISLAND AVIATION AND VISITORS
CENTER PROJECT, WITH PART 2 OF THE AGREEMENT BEING CONTINGENT
UPON THE RECEIPT OF A $352,500 CONTRIBUTION FROM THE GREATER
MIAMI CONVENTION AND VISITORS BUREAU; AUTHORIZING THE CITY
MANAGER TO ACCEPT SAID CONTRIBUTION FROM THE GREATER MIAMI
CONVENTION AND VISITORS BUREAU UPON RECEIPT AND TO EXECUTE
THE NECESSARY DOCUMENTS FOR SAID ACCEPTANCE; ALLOCATING
FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NO. 344101,
ENTITLED "WATSON ISLAND AVIATION AND VISITORS CENTER PROJECT."
(Here follows body of resolution, omitted here and on file in the Orrice 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.
------------------------------------------------------- --------------------------------------------------------
51. ACCEPT LOWEST BID FOR TOWER THEATER REHABILITATION, B-
3253 PROJECT -- ALLOCATE FUNDS, $2,215,000 FROM CIP No. 322061.
Commissioner Gort: Move 46.
Commissioner Plummer: Second.
Mayor Carollo: Forty-six.
Commissioner Gort: The Tower Theater.
Vice Mayor Regalado: Move it.
144 July 24, 1997
Mayor Carollo: Moved by Commissioner Regalado.
Commissioner Plummer: Huh?
Mayor Carollo: Second by Commissioner Gort. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays."
The following resolution was introduced by Vice Mayor Regalado, who moved its adoption:
RESOLUTION NO. 97-538
A RESOLUTION ACCEPTING THE BID OF THE LOWEST RESPONSIVE AND
RESPONSIBLE BIDDER RECEIVED JULY 18, 1997 FOR THE PROJECT
ENTITLED: "TOWER THEATER REHABILITATION, B-3253, SECOND BIDDING";
ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT
NO. 322061 IN THE AMOUNT OF SAID ACCEPTED BID TO COVER THE
CONTRACT COST AND ADDITIONAL AMOUNTS TO COVER THE ESTIMATED
PROJECT EXPENSES, FOR AN ESTIMATED TOTAL COST NOT TO EXCEED
$2,215,000; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID
FIRM.
(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.
Mr. Jack Luft (Director, Planning & Development): Quinn, do we need to read the name of the
vendor in the record? Pino-Fonticella (phonetic).
Mayor Carollo: Forty-seven.
Mr. Luft: For the record, the low bid was Pino-Fonticella Construction Corporation. The low
bid was one million nine hundred and eighty-two thousand two hundred and sixty.
Mayor Carollo: How much was that?
Mr. Luft: One million nine hundred and eighty-two thousand two hundred and sixty. Total
budget was two million one hundred thousand. That's 46.
145 July 24, 1997
-- -------------------------------------------------------------------------------------------------------------
52. INCREASE CONTRACT WITH MCO ENVIRONMENTAL INC. PURSUANT
TO BID 95-96-019 -- FOR ASBESTOS ABATEMENT SERVICES AT
VIRRICK GYM -- ALLOCATE FUNDS, $30,000 FROM CIP PROJECT
332216.
Mayor Carollo: We're in 47 right now.
Mr. Jack Luft (Director, Planning & Development): OK. On 47, this is part of the cleanup on
the property for asbestos.
Mayor Carollo: Yeah.
Commissioner Gort: The asbestos. Move it.
Mayor Carollo: Moved by Commissioner Gort, seconded by Vice Mayor Regalado. All in
favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passed unanimously.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-539
A RESOLUTION AUTHORIZING AN INCREASE IN THE AMOUNT OF $30,000.00
IN THE CONTRACT WITH MCO ENVIRONMENTAL INC., PURSUANT TO BID
NO. 95-96-019 AND RESOLUTION NO. 96-277, FOR THE FURNISHING OF
ASBESTOS ABATEMENT SERVICES FOR THE VIRRICK GYM RESTORATION
PROJECT, WITH FUNDS THEREFOR ALLOCATED FROM THE CAPITAL
IMPROVEMENT PROJECT #332216 ENTITLED "ELIZABETH VIRRICK BOXING
GYM PROPERTY"; FURTHER AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER IN SAID AMOUNT FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
146 July 24, 1997
•
•
Upon being seconded by Vice Mayor Regalado, the resolution was passed and adapted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
53. ACCEPT BID: JESSLA CONSTRUCTION CORPORATION -- FOR VIRRICK
GYM/COAST GUARD HANGAR RESTORATION PHASE I, H-1013 --
ALLOCATE FUNDS, $1,055,789 FROM CIP No.332216.
Mayor Carollo: Forty-eight.
Vice Mayor Regalado: move it.
Mayor Carollo: It's been moved by Vice Mayor Regalado.
Commissioner Gort: Second.
Mayor Carollo: Seconded by Commissioner Gort.
Commissioner Plummer: Have we seen... Let me ask a question. Have we seen any drawings,
any renderings, any plans for a million dollars ($1,000,000) worth of construction on an old
piece of junk?
Mr. Jack Luft (Director, Planning & Development): Yes. This is just... This is the restoration of
the roof and the walls on that...
Commissioner Plummer: But have we... Do I have anything in the backup? I mean, I don't
know what you're doing over there.
Mr. Luft: We're just... This is just the shell structure. It's to stabilize and restore the walls...
Commissioner Plummer: For a million dollars ($1,000,000).
Mr. Luft: The walls, the roof, the windows. OK? What we're going to came hack to you with,
in the context of a management agreement, when we get to that point, will he the plans for the
improvement of the property, the use of the property, the programs for the property. That's
really the issue. Right now, we're just repairing. This is repairwork.
Mayor Carollo: Where are these funds coming from?
Mr. Luft: These are the insurance funds.
147 July 24, 1997
•
0
Mayor Carollo: OK.
Mr. Luft: And State Historic Preservation Grant.
Mayor Carollo: OK. By what date do we expect this project to be finished?
Mr. Luft: Time period for construction?
Mr. Jim Kay (Director, Public Works)
months.
Mr. Luft: About six months.
Mayor Carollo: OK. Thank you.
The time period for construction on this is about six
Commissioner Plummer: How much is this project going to cost overall?
Mr. Luft: Well, that depends on what the ultimate plans are for the full improvement of the site
and what... the programs that go there. What we hope to bring back to you, and we will discuss
with you, obviously, ahead of time, are the organizations that would provide recreational
services, the kinds of improvements they need... office space, administrative space, shoreline
improvements, et cetera.
Commissioner Plummer: Is this going to be a money maker?
Mr. Luft: We cannot make money on this, because the Federal government... the deed
restrictions require the money to go back to the property, although, as the Mayor pointed out
earlier, there is a ruling that if there are excess funds beyond the maintenance and operating cost
of the property, those funds could go into City recreation programs. OK?
Vice Mayor Regalado: Whatever...
Commissioner Plummer: You know, to me, it's one more facility that, I het you money, down
the road, we're going to have to subsidize. This City is over- facilitized.
Mayor Carollo: Well, Commissioner, this is what... we've got to make sure that doesn't happen.
That's why we have to make sure that whatever we approve that goes there, whatever
organizations, that they can make it on their own.
Commissioner Plummer: OK.
Vice Mayor Regalado: I was in the gym last week, and we really need to repair.
Mr. Luft: We have to stabilize it.
Commissioner Plummer: Tear it down. Destroy it.
Mr. Luft: We have to stabilize it.
Mayor Carollo: All right. We're ready to vote to approve this.
Commissioner Plummer: Do it.
148 July 24, 1997
•
Mayor Carollo: Is there anyone who would like to speak from the public?
Mr. Mariano Cruz: Yeah. I'd like to say one thing. Mariano Cruz, 1227 Northwest 26th Street,
Miami, Florida. I see the amounts here and all that. First, I want to know where is the money
coming from? Under what... Like you saying insurance and all that, OK,. State money and all
that. But if it... We have property that in Allapattah, Bobby Maduro, Miami Stadium. I pay
the... If I spend the same amount of money that I spend in the Virrick and the Orange Bowl, and
all of that there. That place... that place would be a nice stadium now. Or same thing is in the
northwest, in Allapattah. Who cares? They don't spend any money there. And now, here, in
Virrick, who is benefiting there? Because I understand that you got a program there called
Shake -A -Leg that, you know, it's a money -making program. And they call it for handicap, but
maybe you see one or two handicap, and all the others have to pay... I don't know. Somebody
told me a hundred and fifty dollars ($150) a week for summer camp, and all that. I mean,
somebody is benefiting from that. Maybe you hear all that but... Oh, no, the people... No, don't
say... No, no, no. The people, when they say something, it's something. Because I see many
people interested in coming to Miami and doing business, and helping the people of Miami.
Well, it's not so. It's a non-profit. Yeah, it's a profit with a big salary. It's there. And go and
find out. I am... we... I am getting tired here. And then I see here in the CAA, we get to pay
two thousand dollars ($2,000), too, for donating service for the expense incurred. So it's not so
much about volunteer and all that. I mean, and we're paying, and we are a poor City. And when
I see those amounts of money and nothing was paying, and they let Bobby Maduro, that fine
stadium, like it is now? No. That's really had. And when I get my tax bill, especially my
Federal bill and I see the Community Development monies used for that... And also, Virrick is
getting money from the County bond issue, which I fight for that issue, too. And we'd like to
see more money of the parks going... spreading even to all the parks. Because I'd like to know
who is benefiting to fixing that old hangar there.
Commissioner Plummer: Good time.
Mayor Carollo: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
149 July 24, 1997
The following resolution was introduced by Vice Mayor Regalado, who moved its adoption:
RESOLUTION NO. 97-540
A RESOLUTION ACCEPTING THE BID OF JESSLA CONSTRUCTION
CORPORATION, IN THE PROPOSED AMOUNT OF $1,017,077.00 TOTAL BID OF
THE PROPOSAL, FOR THE PROJECT ENTITLED "VIRRICK GYM/COAST
GUARD HANGAR RESTORATION PHASE I, H-1013"; ALLOCATING FUNDS
THEREFOR FROM PROJECT NO. 332216, AS APPROPRIATED BY FISCAL YEAR
1995-1996 CAPITAL IMPROVEMENT ORDINANCE NO. 11337, AS AMENDED,
IN THE AMOUNT OF $1,017,077.00 TO COVER THE CONTRACT COST AND
$38,712.00 TO COVER THE ESTIMATED EXPENSES FOR AN ESTIMATED
TOTAL COST OF $1,055,789.00, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH SAID FIRM.
(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.
Commissioner Plummer: Well, Mr. Mayor, he makes a...
Mayor Carollo: Congratulations, Mr. Brenner.
Unidentified Speaker: Thank you very much, gentlemen.
Commissioner Plummer: Mr. Mayor, let me tell you, there's a lot of questions that I have about
Shake -A -Leg, all right? And he's broached on some of them.
Mayor Carollo: Well...
Commissioner Plummer: There are allegations that are being made. I will bring them to the
table, and we're going to have to resolve those issues. Because I don't think... Shake -A -Leg is a
great program, don't get me wrong. But there's allegations that are being made, just like the one
he just made, that have got to be resolved. There's allegations about mortgages being paid.
There's allegations about private competition. We'll go into that at a later time. That's not the
issue before us today. I'm merely stating that there's a lot of questions got to be answered.
Mr. Bruce Reep: My name is Bruce Reep, and I'd just like to qualify that the bond issue was a
Countywide bond issue, and all the parks that were accredited... a lot of parks got them. There's
two thou... two million that goes for waterfront, for Virrick, and there's another one point eight
150 July 24, 1997
•
•
(1.8). But there's a lot of money that goes to a lot of different parks, including Allapattah.
There is a lot of money in those bond issues. This money has been earmarked for the Virrick
Gym. I'm a volunteer hockey coach. A volunteer. Four kids in the Grove. Tom Bragg is, too.
There are high risk kids. We need places for these kids. They need to be inside. Thank you.
Mayor Carollo: Thank you.
Commissioner Plummer: Well, we can make the improvements to the Virrick area. It doesn't
mean that that is exclusively the full rights of Shake -A -Leg, or anybody else.
Mr. Reep: Correct. Correct. It's given to all the people.
Commissioner Plummer: Well, that's not the way it's coming down the pike so that's...
Mayor Carollo: Well, we'll deal with that, as you said, at the appropriate time.
Commissioner Plummer: I... Yes, sir.
Mayor Carollo: Thank you, gentlemen.
Mr. Reep: Thank you again.
Mayor Carollo: Surely.
----------------------------------------------------------------------------------------------------------------
54. ACCEPT BID: FLORIDA LEMARK CORPORATION -- FOR MANUEL
ARTIME COMMUNITY DEVELOPMENT - WATERPROOFING PROJECT
B-6265-B -- ALLOCATE FUNDS, $33,900 FROM CIP No. 322060.
Mayor Carollo: We're on 49.
Commissioner Plummer: Move it.
Mayor Carollo: Moved by Commissioner Gort.
Commissioner Plummer: I don't know what choice we have.
Mayor Carollo: Second by Commissioner Plummer. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passed unanimously.
151 July 24, 1997
The following resolution was introduced by Commissioner Gort, who mewed its adoption:
RESOLUTION NO. 97-541
A RESOLUTION ACCEPTING THE BID OF FLORIDA LEMARK CORPORATION,
IN. THE PROPOSED AMOUNT OF $33,900.00 TOTAL BID OF THE PROPOSAL,
FOR THE PROJECT ENTITLED: "MANUEL ARTIME COMMUNITY
DEVELOPMENT - WATERPROOFING PROJECT NO. B-6265-B," WITH MONIES
THEREFOR ALLOCATED FROM THE FISCAL YEAR 1995-1996 CAPITAL
IMPROVEMENT ORDINANCE NO. 11337, AS AMENDED, UNDER PROJECT NO.
322060, IN THE AMOUNT OF $33,900.00 TO COVER THE CONTRACT COST FOR
AN ESTIMATED TOTAL COST OF $33,900.00; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH SAID FIRM.
(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
Mayer Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
55. ACCEPT BID: SOUTH FLORIDA UTILITIES INC. -- FOR ORANGE BOWL
PUMP STATION RENOVATION PHASE II, B-5594 -- ALLOCATE FUNDS,
$111,157, FROM CIP No. 352179.
Mayor Carollo: Fifty.
Commissioner Gort: Orange Bowl pump.
Commissioner Plummer: Move it.
Mayor Carollo: Moved by Commissioner Plummer.
Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Hernandez. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
152 July 24, 1997
Mayor Carollo: It passed unanimously.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-542
A RESOLUTION ACCEPTING THE BID OF SOUTH FLORIDA UTILITIES, INC. IN
THE PROPOSED AMOUNT OF $95,006.95 TOTAL BID OF THE PROPOSAL, FOR
THE PROJECT ENTITLED: "ORANGE BOWL PUMP STATION RENOVATION
PHRASE II, B-5594"; ALLOCATING FUNDS THEREFOR FROM PROJECT NO.
352179, AS APPROPRIATED BY THE FISCAL YEAR 1995-96 CAPITAL
IMPROVEMENT ORDINANCE NO. 11337, AS AMENDED, IN THE AMOUNT OF
$95,006.95 TO COVER THE CONTRACT COST AND $16,150.05 TO COVER THE
ESTIMATED EXPENSES, FOR AN ESTIMATED TOTAL COST OF $111,157.00;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM.
(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.
----------------------------------------------------------------------------------------------------------
56. ACCEPT CITY CLERK'S REPORT ON CITY RECORDS MANAGEMENT
PROJECT.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: We're now on 51, for discussion concerning status report on the City of Miami
Records Management Project.
Walter Foeman (City Clerk): Mr. Mayor, I...
Mayor Carollo: Mr. City Clerk.
Mr. Foeman: Yes. Mr. Mayor, I passed out to the Commission a Records Manual, Procedural
Operations Manual, which presupposes... if the Commission ever decides to go full-fledged with
a records program, we'll have an operational manual system with our commitment under a
Federal grant. This manual defines certain responsibilities and duties between departments and
the City Clerk's Office as it relates to records management. And at this time, I'm asking that
you accept the report and allow us to work with the Administration in terms of looking at the
areas of cost as it relates to whether or not there would be an organizational commitment for a
153 July 24, 1997
records facility, and whatever cast parameters would go with that. Included in that, we would
also look at the cost with... so far as going with commercial storage, as compared to in-house
facility, and come back to the Commission with a recommendation.
Commissioner Gort: I move to have the... accept the study.
Mayor Carollo: OK. There's a motion to accept the study by Commissioner Gort.
Commissioner Hernandez: Second it.
Mayor Carollo: Second by Commissioner Hernandez. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 97-543
A MOTION ACCEPTING THE CITY CLERK'S REPORT ON THE CITY OF MIAMI
RECORDS MANAGEMENT PROJECT.
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
57. DISCUSS MONTHLY REPORT ON STATUS OF CABLE TELEVISION
FRANCHISE.
Mayor Carollo: We're on 52
Elaine Buza (Telecommunications Administrator, Information Technology Department): Item
52 is a status report on the cable TV franchise. Each one of you should have a copy of this
month's status report. We're basically proceeding along the formal and informal renewal
processes, as well as the RFP (Request for Proposals), as requested. The informal process seems
to still be stalled, so we're emphasizing the formal procedures. We have a financial dispute
currently with Miami TCI in the amount of eight hundred and twenty-five thousand dollars
($825,000) that we're attempting to resolve. We've requested a written legal opinion from
Miami TCI on this issue, and we're awaiting response from them. We have a technical
presentation to the City by Miami TCI scheduled for August 6th to resolve the technical issues.
And that's basically where we are at the moment.
154 July 24, 1997
Vice Mayor Regalado: Mr. Mayor, just for the record, members of the TCI staff are willing to
visit the HUD (Department of Housing and Urban Development) buildings, starting next week,
and explain to the customers what is the policy of this company, because we had a problem
with... a raises in rates problem that was not fixed immediately. So TCI is willing to go and
meet, fine, case by case, what is the problem with most of these people that... Cheryl is here. I
don't know if you want to explain to the Commission what you're going to do, because the issue
of the HUD buildings is really one that concerns the whole Commission.
Ms. Cheryl Blanchette: Absolutely.
Commissioner Hernandez: I sent TCI a letter, too, in reference to that.
Ms. Blanchette: Absolutely. And hopefully, you received the follow-up letter that I sent.
Commissioner Hernandez: Yes.
Ms. Blanchette: Cheryl Blanchette, TCI South Region, 600 North Pine Island Road, Suite 100,
Plantation. As the Vice Mayor said, we had an opportunity to meet with Elaine Buza, the Cable
Administrator, and talk about some ways of resolving some of the concerns that he was still
hearing from constituents. And I know you, as well, Commissioner Hernandez, had expressed
that, also. So what we did in discussing it with the Vice Mayor is develop a plan to actually go
to some of the HUD properties, and just invite customers to come, bring their bills, and talk
through their services. Maybe they have some services that they don't really want anymore, and
we need to figure that out, to kind of explain to them what their options are, talk about the
programming, and find out if they want to continue on with the services they have, or possibly
downgrade or augment their services in some way, and explain the rates, and explain exactly
what happened as of their June bill, so that there is no confusion. We think that this will resolve
the problem. We're going to give this a try for the next two weeks, visiting the four properties
that the Vice Mayor had targeted for us, and touch base with his office, and find out if his
constituents' calls have decreased at that point in time, and again, keep tracking it at our
customer satisfaction center, to make sure that the calls are decreasing there, as well. I'm going
to be working with the customer satisfaction associates who work in what we call our Spanish
queue, that are talking to those customers that choose to speak in Spanish only, and try to make
sure that they are able to address their concerns specifically, because I know that that's been
where most of the concerns have been coming from, a sense of confusion about what's been
going on. And we want to rectify that and clear that up as quickly as possible. So we're giving
ourselves the next two weeks to do that, and then we hope to have alleviated all...
Vice Mayor Regalado: Would it be possible that that same report will be sent to all the members
of the Commission, the five members... to the five members, your status report?
Ms. Blanchette: Certainly. Certainly. And again, we'll probably be working with Elaine Buza
to do that. But certainly, we can kind of give an assessment, after we've met with all the
properties, and tell you the feedback that we've gotten from customers, and share that will all the
Commission. That's fine.
Mayor Carollo: All right.
Ms. Blanchette: Any other questions for me?
Mayor Carollo: No. Just discussion. Any further discussion?
Ms. Blanchette: Thank you.
155 July 24, 1997
•
Mayor Carollo: All right.
----------------------------------------------------------------------------------------------------------------
58. ACCEPT DISSOLUTION OF CITY PLAN TO BE PRESENTED TO PUBLIC
AUGUST 4, 1997.
Mayor Carollo: We move on to item 53, another discussion item.
Mr. Edward Marquez (City Manager): Mr. Mayor, in the package is a second draft of the
dissolution plan. Since last meeting, I've solicited comments from various people. The only set
of written comments I got was from Tom Gabriel, from the Fire Fighters Union, and I've
incorporated the bulk of his comments into this draft. The shaded areas are the changes from the
last go around, and they basically have to do with giving the Commission more leeway to handle
matters such as in the general operating parameters section, we talk about wiping out the
Charter, while the sections of the Charter that we need, the City Commission can reinstate it
through a resolution. We go ahead and under this scenario, or with these changes, we allow for
more discretion with the... to the City Commission, as far as the disposition of assets. Whatever
makes the most sense, you can do it through resolutions. I've gotten... And also, here, we take
the stance that in transfer of the employees, although we cannot require the County to transfer...
to accept our City employees, we will advocate to the County that they be hired, and we make a
formal statement in that regard. The Division of Bond Finance has reviewed this, and has
offered in a formal comment that this meets their criteria. This is groundbreaking, in any event,
because there has not been any dissolution of any U.S. city of any size.
Commissioner Plummer: How will this be distributed to the public?
Mr. Marquez: Once you adopt this thing, we will make it available to the press. We will take
steps to get the word out. We develop a Q and A (Question and Answer), in order to describe
what the additional special assessment would be. It's hard for us to tell people what the final
special assessment would be, because that will be... that would be diminished by the amount of
assets we sell over time. Now, the City Commission must adopt a plan prior to August 4th, in
order for us to keep...
Commissioner Plummer: City Attorney, did I read that a lawsuit had been filed?
A. Quinn Jones, III, Esq. (City Attorney): That's correct.
Commissioner Plummer: Well, I mean, do we know what the deposition or the final deposition
of that... Has it been heard, it hasn't been heard?
Mr. Jones: Well, no, it's... I mean, the most that it's been, it's been a complain filed by a group
called New Coalition for Miami... Coalition for a New Miami. They are seeking a declaratory
judgment, and an injunctive relief... declaratory judgment, basically, saying that we haven't
followed the parameters set forth in the Dade County Charter for dissolution.
Commissioner Plummer: I understand all of that.
Mr. Jones: Yeah. Well...
Commissioner Plummer: Has the matter been heard by the courts?
156 July 24, 1997
Mr. Jones: It won't be heard, Commissioner. What I'm saying to you is that it's basically in the
pleading stage. We have to answer the complaint by August the 11th. And if, during this time,
the Court sets it down for hearing on the injunctive... on the injunction, I'll notify you. I'll notify
all of the Commission. But at this point, nothing has been set down for hearing.
Commissioner Plummer: Very well. I move that that which has been proffered by the City
Manager be accepted as...
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: Thirty-three minutes.
Mr. Marquez: Much more than two hours.
Mr. Manuel Gonzalez-Goenaga: What about the continuing liability?
Mayor Carollo: Excuse me.
Commissioner Hernandez: I second it, Mr. Mayor.
Mayor Carollo: There's a motion and a second. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-544
A RESOLUTION, WITH ATTACHMENT(S), APPROVING THE "DISSOLUTION
PLAN FOR THE CITY OF MIAMI," DATED JULY 24, 1997, ATTACHED HERETO
AND MADE A PART 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.
157 July 24, 1997
59. DISCUSSION CONCERNING 911 RESCUE MIAMI PROJECT.
Mayor Carollo: OK. We're on 54.
Ms. Norma Gonzalez: Good afternoon. My name is Norma Gonzalez. I've been a resident of
Miami for the past 29 years. My presence here is respond... to expose to all of you the 9-1-1
Rescue Miami Project. I hope at this moment, you already have it in your hands, a copy of our
proposal to prevent Miami's name to be (UNINTELLIGIBLE WORD). This is our second time
here. This is our second time here.
Commissioner Hernandez: Go ahead.
Vice Mayor Regalado: Go ahead.
Mr. Gustavo Cabrera: Good afternoon. My name is Gustavo Edolfo Cabrera. I work to the
newspaper, "Beach News", and for last three years. We going to work together with the City of
Miami for rescue Miami. September 4, we have the special election for dissolving Miami with
the City. And we have worked too hard for the... Miami, and different community live in
Miami.
Vice Mayor Regalado: Administration.
Mr. Edward Marquez (City Manager): The Administration does not... We do not recommend
that we accept this proposal for a number of reasons. First of all, it's a business venture that they
are suggesting to the City. It's not a municipal service. It's a scheme whereby T-shirts are sold,
saying that the proceeds will be used to benefit the City, and it's just... It's not an image that we
feel that the City should portray.
Commissioner Plummer: This is profit -making.
Mr. Marquez: This is profit -making, exactly.
Commissioner Plummer: We can't do that, can we? Well, Mr. City Attorney, don't sit there
snoring up a storm. Tell us, is it legal or not?
A. Quinn Jones, III, Esq. (City Attorney): I've learned to only respond when I'm asked a
question. But there is a... I think the Manager has given you the basis for his recommendation,
but I believe... I'm almost certain that there is a prohibition in the State law that would prohibit a
municipality from going into a venture like this with a private... profit -making. Yeah, Article
Two of the Constitution... Ten, Article Ten.
Commissioner Hernandez: We can't do it, legally, is what the City Attorney is saying.
Commissioner Plummer: Yeah.
Commissioner Hernandez: That's the problem we have with the project. We're not allowed
under the Charter of the City of Miami.
158 July 24, 1997
NOTE FOR THE RECORD: Comments made in the Spanish
language by Commissioner Hernandez.
Mr. Jones: And the Florida Constitution, more particularly. More particularly, the Florida
Constitution.
NOTE FOR THE RECORD: Comments made in the Spanish
language by Commissioner Hernandez.
Commissioner Plummer: Well, you know, I'm sorry. Let me just say this. If this thing is not
permissible by law, why is it even on our agenda? I'm asking why, if this is not legal, why is it
on an agenda?
Mr. Aaron Weeks (Chief of Staff): Commissioner, we were directed to meet with the
individuals after their first appearance, and we worked with them on the budget and looked over
the business terms of the arrangement, and we brought back to you our recommendation, in light
of those business terms.
Commissioner Gort: We asked them to come back out. It's our fault.
Mr. Cabrera: Excuse me.
Commissioner Plummer: I mean, you're wasting their time and ours. I mean, if they can't
legally do it...
NOTE FOR THE RECORD: Comments made in the Spanish
language by Mr. Cabrera.
Commissioner Plummer: Who's translating? Thank you.
Commissioner Hernandez: Basically, what he stated on the record is that this is not about selling
T-shirts. It's about saving the City of Miami, in this very important election that is upcoming the
4th of September. And he just urges all of us to get involved in saving the City of Miami, and
that's what he's trying to do, through the sale and promotion of these T-shirts. So it's really not
a profit -making venture, but more of an educational, or informational, or marketing piece to tell
all of us in the City of Miami what is going to happen if we don't get involved, and obviously,
vote on September 4th in favor of saving the City of Miami.
159 July 24, 1997
----------------------------------------------------------------------------------------------------------------
60. DISCUSSION REGARDING WAYS TO FACILITATE RETROACTIVE
BILLING FOR SOLID WASTE SERVICES.
Commissioner Plummer: Fifty-five.
Mayor Carollo: Fifty-five.
Commissioner Gort: You have 55?
Vice Mayor Regalado: Mr. Mayor and members of the Commission...
Commissioner Gort: I don't have one.
Commissioner Plummer: I got 55.
Commissioner Gort: I don't have one.
Vice Mayor Regalado: I requested this item to be discussed, because I'm sure that all of you
who are daily in touch with the people of Miami have heard the same things that I have heard.
Their retroactive billing for solid waste is part of a problem that many families in the City of
Miami have. We first decided - we, the City - decided that we were going to bill for four years,
and then we decided that four years was too much, and we're down to two years. The problem is
that most of the people of Miami who have received these bills do not have the money to come
up front and pay the City for those two years. But at the same time, most of the people of Miami
do want to pay. They want to comply with the law. They want to pay, although, by the way,
they were not the ones that causes the problems, because the City neglected to check on
whatever was done illegally... so-called "illegally." So I- talked to the Administration, and I
thought of bringing this to the Commission, because it's important that on the record, and
publicly, the people of Miami will be informed of how they can pay this retroactive billing.
Many people have come to me with the letter saying that they have 90 days to pay seven hundred
dollars ($700), but they have said they don't have it. And on the letter and on the phone calls,
they're being told that if they do not pay in 90 days, they were going to have a lien on their
houses. So I think that we should talk directly to the people of Miami, inform them that if this is
the will of this government to go ahead and demand the money in 90 days, well, then, so be it.
But I'm told that if you call a number, and if you are so lucky to get a person, you can make
arrangements. We should make this arrangement uniform, and tell the people of Miami that...
how can they pay. Unfortunately, we have to tell them that they have to pay, because I don't
believe in retroactive billing, but that's a decision that was taken by this Commission, and I
participated. But I think that, Mr. Manager, we should tell the people of Miami that we
understand that they do want to pay, but we also understand that they don't have the money, and
that we are willing to accommodate them.
Mr. Edward Marquez (City Manager): Mr. Vice Mayor, you're absolutely correct that we do
have an installment payment process or capability. What we will do is put an ad on Net-9 so that
people can be notified of that process to pay on an installment basis.
Commissioner Plummer: Plus interest.
Vice Mayor Regalado: Well...
160 July 24, 1997
Mr. Marquez: There is an interest component here.
Commissioner Plummer:. There's interest involved, I assume.
Vice Mayor Regalado: There is interest involved, but I was told that it was... one percent a
month, was it?
Mr. Marquez: It's one percent per month interest.
Vice Mayor Regalado: One percent per month. I was also informed that they are going to be
sending letters this coming week regarding...
Mr. Marquez: These letters that are going out with our normal billing, and we can include some
sort of verbiage about that.
Vice Mayor Regalado: Right. Is it possible to include that on those letters? Because... how
many letters... sixteen hundred?
Mr. Marquez: I believe you're right, it's in that level of letters going out. We will put in a
notice about the installment payment, to lessen the complaints... request for information
afterwards.
Vice Mayor Regalado: Thank you.
----------------------------------------------------------------------------------------------------------------
61. DIRECT ADMINISTRATION TO ADVERTISE PUBLIC HEARING FOR
SEPTEMBER 9, 1997 REGARDING PROHIBITION OF VEHICULAR
TRAFFIC ON ROYAL ROAD.
Commissioner Plummer: Are we going to do some pockets?
Commissioner Hernandez: Yeah. Can I... yeah. Mr. Vice Mayor, can I introduce one of...
Vice Mayor Regalado: Yeah, sure, Commissioner Hernandez.
Commissioner Hernandez: I have... and in not breaking with the spirit of our self-imposed one
pocket item per Commissioner. We have...
Commissioner Gort: Five.
Commissioner Hernandez: Oh, is it five now?
Commissioner Plummer: No, no.
Commissioner Hernandez: I have one true pocket item, and I have one instruction for the
Manager's office, since I've been instructed we cannot do anything. On the next public... We
have to advertise this for a public hearing. It's in regards to not closing, but prohibiting
vehicular traffic on Royal Road in Coconut Grove. That's the one that borders Ransome
Everglades, and then private properties on the west side. I'd like to place that on the agenda as a
public hearing, so we can discuss prohibiting vehicles from going into what was known for many
years as lovers' lane. I have a packet for you, Mr. Manager, so you can have it to...
161 July 24, 1997
Commissioner Gort: You might have known it...
Commissioner Plummer: As lovers' lane.
Commissioner Gort: I've never heard of it.
Commissioner Hernandez: I'm too young for that, J.L. I wasn't in...
Commissioner Gort: J.L. said he never even heard of it.
Commissioner Plummer: Mr. Kay is an expert at this.
Commissioner Hernandez: But anyway, if you'd want to... We cannot vote on it today, because
there has to be... there has to be an advertised public hearing, in order to go into...
Commissioner Plummer: Oh, yeah.
Commissioner Hernandez: ... according to Section 54 of our Charter.
Commissioner Plummer: Thirty-three public hearings.
Commissioner Hernandez: But the whole issue is to prohibit vehicular traffic. We don't want to
get into a platting situation, just stopping the vehicular traffic.
Vice Mayor Regalado: Do you want to address the Commission on that issue of...
Commissioner Hernandez: There's really... there's really...
Vice Mayor Regalado: I mean, we're going to bring that to a public hearing, as Commissioner
Hernandez has said.
Ms. Carolyn Weise: The only thing which I think the City of Miami is not aware of... My name
is Carolyn Weise, for the record. I live at 3187 Royal Road, Coconut Grove, and I've been
living there for 25 years. What I think the City of Miami is not aware, or Mr. Kay, Jim Kay, I
told him that prior to 1953, all that property was owned by the Deering/McCormack/Daniels
property as a private road. And the only thing that was done is an easement on that street, which,
if the property owners decide jointly, they can withdraw that easement. We are back to base one.
And the reason that this is a pocket item, because of the emergency nature of the school that is
starting. And I'm representing myself as a homeowner. Mr. Mark, my neighbor, is representing
himself, and today, Jeff Bartell, Hector, Steel, Davis, was representing Ransome Everglades,
who are the majority owners now on Royal Road. So there is only four homeowners on Royal
Road, which, if jointly, together, we can move this, we can withdraw it. But I think it's unfair to
take it to a public hearing when there is crime, drugs, prostitution, cars going overboard, dead
bodies found in our yacht basin. We had a five hundred thousand dollar ($500,000) yacht stolen
out of the home, burglary on a constant basis, because it's at the end of the street.
Commissioner Hernandez: The problem we have... we have... This is a public street, correct?
Mr. Jim Kay (Director, Public Works): That's correct, yes.
Ms. Weise: It's not.
Commissioner Hernandez: Is it or not?
162 July 24, 1997
Mr. Kay: Yes, it is. Royal Road is a public street.
Commissioner Hernandez: So we can't do that, Carol. We have to go by way of a public
hearing, because it's considered a public road.
Ms. Weise: OK. So if we... If the homeowners jointly decide to withdraw the easement, then
it's no longer a public road.
Commissioner Hernandez: Well, you would have to do that.
Commissioner Plummer: How can they withdraw it?
Commissioner Hernandez: You would have to go through that legal process of withdrawing the
easement, in order for you to have the street private again. And this... Right now, presently, it is
a private road... I mean a public road. I'm sorry.
Commissioner Gort: Well, why don't you go through the process of doing that? You can start
the process by working with Public Works.
Ms. Weise: No. All I have to do is just record it.
Commissioner Hernandez: Well, what she... All they want... All the neighbors want is to
prohibit the vehicular... We'll put it on for the next... possibly it's going to be the first - what? -
second week of September?
Commissioner Plummer: September the 9th.
Mr. Kay: September 9th, yes.
Commissioner Hernandez: September the 9th. We can put it for that public hearing.
Ms. Weise: That's my birthday.
Commissioner Hernandez: Well, it will be a happy birthday.
Commissioner Gort: Good.
Commissioner Plummer: Happy birthday.
Commissioner Gort: We'll go out there afterwards, and we'll celebrate.
Ms. Weise: Why not?
Commissioner Plummer: Sweet 16.
Commissioner Gort: We'll have a party.
Commissioner Hernandez: It will be on the agenda for September the 9th for the prohibition of
vehicular traffic. OK?
Ms. Weise: OK. Thank you.
Commissioner Plummer: So talk to Rambo over here.
163 July 24, 1997
Ms. Weise: Yeah, I'm going to.
----------------------------------------------------------------------------------------------------------------
62. ACCEPT NEW PROPOSAL PROFFERED BY JOSE DEARING ON BEHALF
OF IDEAL REHAB, INC. AND LIBERTY CITY IMPROVEMENT
CORPORATION IN CONNECTION WITH SUBORDINATION AGREEMENT
BETWEEN THE CITY, MIAMI CAPITAL DEVELOPMENT CORPORATION
(MCDC) AND OCEAN BANK FOR REFINANCING OF CERTAIN MULTI-
FAMILY REHAB PROJECTS. APPROVE ASSIGNMENT OF MORTGAGE
BY SENTRA PROPERTIES AS ADDITIONAL COLLATERAL TO THE CITY
IN SAID REFINANCING PROPOSAL.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Regalado: You have another pocket item. OK. Commissioner Hernandez has a
pocket item now.
Commissioner Plummer: Wait a minute. That was your pocket. Wait a minute.
Commissioner Hernandez: No, wait. That wasn't a pocket item. Those were instructions to the
Manager. Remember...
Vice Mayor Regalado: That was pocket item 1A.
Commissioner Hernandez: One -A, yeah.
Commissioner Plummer: Dirty devil.
Commissioner Hernandez: You know, this is a recurring nightmare, that's why. This issue right
here shouldn't be considered a pocket item, because this goes back to this famous loan
subordination agreement that was rejected by Mr. Beatty. And the situation that exists is that the
housing developer has sweetened the pie. What we approved back... the City Commission
approved. Now, he has come back with a new proposal. The proposal is currently in the hands
of Mr. Beatty. He is just holding onto the proposal, and he will not be making a comment on the
proposal until we, as the Commission, approve this new proposal. All he has added to the new...
to the proposal that we approved is that he has put a one million dollar ($1,000,000) second
mortgage that he has. He has assigned... he will be assigning those rights to the City of Miami.
And he is adding this onto the proposal that we approved, and was rejected by Mr. Beatty. So
it's a sweeter deal for the City. And hopefully, Mr. Beatty finds that within... within his review
that he can approve this. He currently has it. He just didn't want to comment until we would
approve it as a Commission.
Mayor Carollo: What item is this?
Commissioner Hernandez: This is on the loan subordination.
Mayor Carollo: But what item?
Commissioner Hernandez: No, there's no item. It's a pocket.
Commissioner Plummer: A pocket. So where are we?
164 July 24, 1997
Commissioner Hernandez: So we just got to... oh, here, Willy, I'm sorry. The letter is in the
stack. That's what Beatty's got. Mr. Beatty already has this. He just wanted us to approve it
and then he can... he'd have the jurisdiction to discuss it, review it, and either approve it or
disapprove. This is basically the last shot before I would have to go before the entire board and
discuss the item with the entire board. Hopefully, this will approve... will meet the review by
Mr. Beatty.
Commissioner Plummer: City Manager's recommendation.
Mr. Edward Marquez (City Manager): This item improves a transaction that the City
Commission had approved earlier, so we have no... we are not adverse to it.
Commissioner Plummer: You have no objection?
Mr. Marquez: No objection, sir.
Commissioner Plummer: Well, you know, I saw where the board rejected it. Mr. Manager, did
anybody tell that member of the board who single-handedly turned this project down, and ask
him what he's going to do with the 200 people that are going to get thrown out on the streets?
Because I think it's a real legitimate question to be asked. And just instead of saying no, I want
him to tell me how he's going to feel sleeping at night or not sleeping at night with 200 people
thrown out on the street, when we are trying to do everything we can to try to bring this thing
into some kind of concept of giving these people a place to stay. I sure hope that's the case.
Vice Mayor Regalado: You are aware that I... My understanding is that they are going to cut the
water off next week.
Commissioner Hernandez: The 29th, that's correct. On the 29th. Mr. Beatty promised me that
if we had... would approve it before today's Commission meeting, that since he has it in his
hands, he will expedite the process. I will sit down, I will call him today, if I can, after the
meeting. And if not, I'll call him in the morning and try to see if we can get an answer prior to
the 29th so the water doesn't get shut off, and we got 200 people out in the street.
Commissioner Plummer: That's it, amen?
Commissioner Hernandez: Yeah, that's it.
Commissioner Plummer: A resolution naming the bridge that connects the mainland with...
Commissioner Hernandez: No, that's not it. You have to vote on this. You got to approve this.
Commissioner Plummer: Well, make a motion.
Commissioner Hernandez: I make a motion to approve the new proposal.
Commissioner Plummer: I second.
Vice Mayor Regalado: OK. There is a motion by Commissioner Hernandez, second by
Commissioner Plummer. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
165 July 24, 1997
•
•
The following motion was introduced by Commissioner Hernandez, who moved its adoption:
MOTION NO. 97-545
A MOTION ACCEPTING NEW PROPOSAL AS PROFFERED BY JOSE DEARING,
ON BEHALF OF IDEAL REHAB, INC. AND LIBERTY CITY IMPROVEMENT
CORPORATION IN CONNECTION WITH THE SUBORDINATION AGREEMENT
BETWEEN THE CITY OF MIAMI, MIAMI CAPITAL DEVELOPMENT
CORPORATION AND OCEAN BANK FOR REFINANCING OF CERTAIN MULTI-
FAMILY HOUSING PROJECTS; FURTHER APPROVING THE ASSIGNMENT OF
MORTGAGE BY SENTRA PROPERTIES TO THE CITY FOR PROPERTY
LOCATED AT 1130-1142 NORTHWEST 2ND AVENUE AS ADDITIONAL
COLLATERAL IN CONNECTION WITH THE ABOVE -REFERENCED
REFINANCING MATTER.
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
------------------------- --------------------------------------------------------------------------------------
63. RATIFY / APPROVE / CONFIRM / CITY MANAGER'S EMERGENCY
FINDING -- WAIVE COMPETITIVE BIDS -- APPROVE PURCHASE OF
DUMPSTER CONTAINERS FROM STATE OF FLORIDA CONTRACT 97-
05232B, FROM HESCO SALES -- ALLOCATE FUNDS, $20,000 FROM
SOLID WASTE ACCT. 422001.420301.5.850.
Commissioner Plummer: A resolution...
Commissioner Hernandez: Wait, wait, wait, 1-C, 1-C.
Commissioner Plummer: No, no, no.
Commissioner Hernandez: This is not mine. This is not mine. This is the whole deal. I was
suckered into this one. Look. This is a good one.
Commissioner Plummer: Hey, sucker.
Commissioner Hernandez: Listen to this. It's a request for approval of an emergency purchase
of solid waste containers. It's been approved by the City Manager. It's an emergency item.
Commissioner Plummer: How much?
166 July 24, 1997
•
•
Commissioner Hernandez: It will not exceed twenty thousand dollars ($20,000). And it's
budgeted for fiscal year '97.
Commissioner Plummer: I invoke the rule. Second the motion. I second the motion.
Vice Mayor Regalado: All right.
Commissioner Hernandez: We've got a motion and a second.
Vice Mayor Regalado: We've got a motion and we've got a second. All in favor, signify by
saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-546
A RESOLUTION APPROVING THE PROCUREMENT OF FORTY (40) TWO -YARD
AND TEN (10) FOUR -YARD DUMPSTER CONTAINERS FROM HESCO SALES, IN
AN AMOUNT NOT TO EXCEED $20,000, UNDER EXISTING STATE OF FLORIDA
CONTRACT NO. 97-05232B, FOR THE DEPARTMENT OF SOLID WASTE;
ALLOCATING FUNDS THEREFOR FROM SAID DEPARTMENT'S ACCOUNT
CODE NO. 422001.421301.6.850; AUTHORIZING THE CITY MANAGER TO
DIRECT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER
FOR SAID CONTAINERS.
(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
NAYS: None.
ABSENT: Mayor Joe Carollo
------------------------------------------------------- --------------------------------------------------------
64. RE -NAME BRIDGE CONNECTING MAINLAND WITH BRICKELL KEY
BRICKELL KEY BRIDGE.
Commissioner Plummer: Can I do the Mayor's now?
Commissioner Hernandez: Yeah.
167 July 24, 1997
NOTE FOR THE RECORD: At this point, Commissioner Plummer
reads the proposed resolution into the record by title only.
Commissioner Plummer: I so move.
Vice Mayor Regalado: OK. There is a motion. Second, second.
Commissioner Plummer: Where is the Mayor?
Vice Mayor Regalado: All those in favor, signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-547
A RESOLUTION NAMING THE BRIDGE THAT CONNECTS THE MAINLAND
WITH BRICKELL KEY, ALSO KNOWN AS CLAUGHTON ISLAND (MORE
PARTICULARLY DESCRIBED HEREIN), AS "BRICKELL KEY BRIDGE",
SUBJECT TO THE BRICKELL KEY MASTER ASSOCIATION ASSUMING ALL
ASSOCIATED COSTS.
(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
NAYS: None.
ABSENT: Mayor Joe Carollo
NOTE FOR THE RECORD: Although absent during roll call,
Mayor Carollo requested of the Clerk to be shown as being in
agreement with the motion.
168 July 24, 1997
----------------------------------------------------------------------------------------------------------------
65. AUTHORIZE DOWNTOWN DEVELOPMENT AUTHORITY TO PREPARE
AND SUBMIT APPLICATION TO PARTICIPATE IN FLORIDA MAIN
STREET PROGRAM.
Vice Mayor Regalado: Commissioner Gort, do you have a pocket item?
Commissioner Gort: I have 1, and 1-A.
Commissioner Plummer: See, you guys, you know...
Commissioner Gort: We have been deviating already. This is not this one. The application you
all received a copy...
Commissioner Plummer: We just made the rule this morning.
Commissioner Gort: You all received... It's not enforced till the next meeting. ... the
application to Florida Main Street Program. This is an application DDA (Downtown
Development Authority) will have to put forward in order to comply with it.
Commissioner Plummer: You want me to do it? OK?
Commissioner Gort: No cost to the City.
Commissioner Hernandez: I move it.
Vice Mayor Regalado: Second.
Commissioner Plummer: I gave it to the Mayor to do.
Vice Mayor Regalado: There's a motion by Commissioner Hernandez, second by me. All in
favor, signify by saying "aye."
The Commission (Collectively): Aye.
169 July 24, 1997
•
•
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-548
A RESOLUTION AUTHORIZING THE EXECUTIVE DIRECTOR OF THE
DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI,
FLORIDA, TO PREPARE AND SUBMIT AN APPLICATION TO THE FLORIDA
DEPARTMENT OF STATE FOR DESIGNATION AS A FLORIDA MAINSTREET
COMMUNITY.
(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
NAYS: None.
ABSENT: Mayor Joe Carollo
------------------------------------------------------- --------------------------------------------------------
66. BRIEF COMMENTS CONCERNING COMMITMENT MADE TO
PARTICIPATE IN DOWNTOWN FLAGLER MARKETPLACE PROJECT.
Commissioner Gort: I just want to make a statement. The City Commission approved two years
ago one million dollars ($1,000,000) for the Downtown Flagler Marketplace Project. DDA
(Downtown Development Authority) was willing to go for the 108 loan. I think somehow, that
one million dollars ($1,000,000) should be cut back so we can reduce our 108 loan.
Commissioner Plummer: Why?
Commissioner Gort: Why? Because we can't do it.
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Gort: OK.
Commissioner Plummer: Yeah.
Commissioner Gort: I just want to make sure we put it on the record. This was a commitment
made two years ago.
Mayor Carollo: I'll do it now and you can do the other.
Commissioner Plummer: I've already done it.
170 July 24, 1997
•
----------------------------------------------------------------------------------------------------------------
67. BRIEF DISCUSSION CONCERNING STATUS OF MANOHAR SURANA'S
PENSION CLAIM.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Regalado: Mr. Mayor, I have a pocket item. One, only one, and it's a very brief
one. This is a motion directing the Law Department to pursue opposition to the lawsuit filed by
Manohar Surana in reference to his pension claim. The reason that I am bringing this up, even
against the advice of the City Attorney, is that I felt that the City of Miami should take a stand on
this issue. We should not settle. We should not accept a lawsuit. We should fight it. If we have
to spend six thousand and four hundred dollars ($6,400) a month to fight Manohar Surana's
pension, I am sure that the people of Miami would gladly do that. But this is a moral issue. This
is not an economic issue. And I wish that our Law Department would pursue this and take it, if
we have to, to the Supreme Court. But this is not an economic issue.
Commissioner Plummer: Well, there's no question that if we're named in the lawsuit, the City
Attorney has got to defend us.
A. Quinn Jones, III, Esq. (City Attorney): Commissioner, I notified you that the... Oh, maybe I
failed to notify you that there is a hearing tomorrow morning at nine. What he's filed is
basically a writ of mandamus, which is filed against not only the City of Miami, but also the
Pension Board, compelling or asking that the Court compel the City to transfer his money back
to ICMA (International City Management Association). I feel confident, and I'm not going to go
into the merits of it, and, of course, we will have to see how we come out tomorrow. And we
will vigorously defend this, and go from there. It's the best I can tell you at this point.
Vice Mayor Regalado: Would you get a report for us tomorrow?
Mr. Jones: I will... As soon as I'm finished...
Vice Mayor Regalado: Thank you, sir.
Mr. Jones: The hearing is at nine. As soon as I have... I'll call you and let you know what the
results, if any, are.
Mayor Carollo: Thank you, Mr. City Attorney.
Vice Mayor Regalado: Thank you.
------------------------------------------------------- --------------------------------------------------------
68. (A) ACCEPT $422,575 GRANT FROM SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM.
(B) BRIEF COMMENTS REGARDING BRICKELL KEY BRIDGE -- SEE
LABEL 64.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Mr. City Attorney, can you show me voting positively on the Brickell Key
Bridge resolution? Also, let me announce that we have been able to acquire an additional tour
hundred and twenty-two thousand five hundred and seventy-five dollars ($422,575) from the
171 July 24, 1997
South Florida Employment and Training Consortium, under the WAGESS (Work and Gain
Economic Self -Sufficiency) JTPA (Job Training Partnership Act) Job Training Employment
Program. This is very important for the City of Miami. And at the same time that I'm
announcing this today, I'd like to publicly express our gratitude again to Commissioner
Plummer, who has been our appointment in that board, and has been doing a tremendous job in
representing the City. I need to read... This would be my pocket item. I need to read an
emergency ordinance to be able to accept this money for the City.
NOTE FOR THE RECORD: At this point, Mayor Carollo reads the
proposed emergency ordinance into the public record by title only.
Mayor Carollo: Can you call the roll, please?
Walter Foeman (City Clerk): I need a movant and seconder, Mr. Mayor.
Commissioner Plummer: He moves it, and I second it.
Mayor Carollo: Plummer... Yeah. I moved it and Commissioner Plummer seconded it.
An Ordinance entitled -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE
FUND ENTITLED: "PY '97 WAGES/JTPA JOB TRAINING AND
EMPLOYMENT FOR WAGES PARTICIPANTS" AND APPROPRIATING
FUNDS FOR THE OPERATION OF THE PROGRAM IN THE AMOUNT OF
$422,575 FROM THE STATE OF FLORIDA WORK AND GAIN ECONOMIC
SELF-SUFFICIENCY (WAGES) GRANT AWARD; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NECESSARY AGREEMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH THE SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM (SFECTC) FOR THE
ACCEPTANCE OF SAID GRANT; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
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.
172 July 24, 1997
LJ
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. 11536.
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.
----------------------------------------------------------------------------------------------------------------
69. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT BETWEEN
CITY AND METRO-DADE COUNTY -- FOR EXTENSION OF WATER
FACILITIES ON WATSON ISLAND TO PROVIDE ADEQUATE FIRE
PROTECTION.
Mayor Carollo: OK. The Administration, do you have any?
Mr. Edward Marquez (City Manager): Yes, sir. I have two pocket items.
Mayor Carollo: You get two only.
Mr. Marquez: I have two pocket items. The first one deals with a resolution approving a
standing agreement with Metro -Dade County so that we can get a permit for the fire main
extension on Watson Island. It will have absolutely no budgetary impact on the City. And it's
pretty standard.
Commissioner Plummer: Well, what action do you need from us?
Mr. Marquez: An approval of the resolution.
Commissioner Plummer: So move.
Mayor Carollo: It's been moved by Commissioner Plummer.
Commissioner Hernandez: Second.
Mayor Carollo: Seconded by Commissioner Hernandez. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passed unanimously.
173 July 24, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-549
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI AND METROPOLITAN DADE COUNTY, FOR
THE EXTENSION OF WATER FACILITIES ON WATSON ISLAND, IN THE CITY
OF MIAMI, FLORIDA.
(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. AUTHORIZE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICE
AGREEMENT WITH LEGAL SERVICES OF GREATER MIAMI, INC -- FOR
LEGAL ASSISTANCE FOR VICTIMS OF DOMESTIC VIOLENCE --
ALLOCATE FUNDS, $15,000 FROM POLICE DOMESTIC VIOLENCE
INTERVENTION GRANT.
----------------------------------------------------------------------------------------------------------------
Mr. Edward Marquez (City Manager): The second resolution we have that we're asking you to
approve is a professional service agreement with the Greater... Legal Services of Greater Miami,
Inc. Joe Longueira here will explain the details of it.
Captain Joseph Longueira (Deputy Commander, Police Support Services.): Commissioners, a
while back, you accepted a grant from the Federal government on domestic violence. One of the
portions of that grant was to provide legal services to victims of domestic violence. It took us a
while to negotiate this, but this is a contract with Legal Services to do that.
Commissioner Plummer: Move it.
Commissioner Hernandez: Second.
Commissioner Plummer: Move it.
Mayor Carollo: It's been moved and seconded. All in favor, signify by saying "aye."
174 July 24, 1997
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-550
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICE AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH LEGAL SERVICES OF GREATER MIAMI, INC., FOR A
PERIOD OF ONE (1) YEAR WITH THE OPTION TO EXTEND FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO
EXCEED $15,000, TO PROVIDE LEGAL SERVICES FOR THE DEPARTMENT OF
POLICE; ALLOCATING FUNDS THEREFOR FROM THE DOMESTIC VIOLENCE
INTERVENTION GRANT, ACCOUNT CODE NO. 142012.290481.6.270.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Commissioner Plummer: Mr. Mayor, as I announced earlier, I have to go represent the City
Commission in an event at... I had to leave at six o'clock, and I so indicated earlier, and I will be
leaving.
Mayor Carollo: Very good. Before we begin the Planning and Zoning, if I can see what items
we have people for, to try to get those items out of the way as quickly as possible. For PZ-1, do
we have anybody here? We have people here. PZ-2? OK. PZ-3? OK. PZ-4? PZ-5? OK. By
the way, anyone that would like a deferral because you don't have a full Commission, feel free
to ask for one.
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.
175 July 24, 1997
•
•
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 24th day of July, 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 5:15 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
Lourdes Sin z k� for Edward Marquez, City Manager
A. Tuinn Jones, III, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
Edward Marquez, City Manager
----------------------------------------------------------------------------------------------------------------
71. CONTINUE CONSIDERATION OF AGENDA ITEM PZ-5 (APPEAL OF
ZONING BOARD DECISION DENYING VARIANCE TO PERMIT REAR
YARD SETBACK OF 5'-8" FOR EXISTING MULTIFAMILY STRUCTURE
AT 1273 N.W. 24 STREET) TO COMMISSION MEETING SCHEDULE FOR
SEPTEMBER 23, 1997.
Mayor Carollo: PZ-5, is there a motion for deferral? Commissioner Hernandez makes it. Vice
Mayor Regalado seconds it. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: PZ-5 has been deferred.
176 July 24, 1997
The following motion was introduced by Commissioner Hernandez, who moved its adoption:
MOTION NO. 97-551
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-5 (APPEAL
OF ZONING BOARD DECISION WHICH DENIED PERMIT FOR A REAR YARD
SETBACK OF 5'8" FOR STRUCTURE AT 1273 N.W. 24 STREET) TO THE
COMMISSION MEETING PRESENTLY SCHEDULED FOR SEPTEMBER 23, 1997.
Upon being seconded by Vice Mayor Regalado, the motion was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mayor Carollo: Anybody here for PZ-6?
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): For PZ-5 - excuse me - we
would like a date certain so we don't have to readvertise for September.
Commissioner Hernandez: September 9th.
Mayor Carollo: OK. The next September meeting?
Ms. Slazyk: The September Planning and Zoning meeting.
Mayor Carollo: September Planning and Zoning.
NOTE FOR THE RECORD: At this point, Mayor Carollo
calls Planning and Zoning items to determine interested
parties in attendance for consideration of continuing or
withdrawing items.
Mayor Carollo: PZ-6?
Unidentified Speaker: Mr. Mayor, right here, on behalf of PZ-6.
Mayor Carollo: PZ-7?
Unidentified Speaker: PZ-6 and 7.
177 July 24, 1997
• 0
Mayor Carollo: OK. PZ-8? PZ-9? Ten?
Ms. Slazyk: Ten and 11, the department is withdrawing.
Mayor Carollo: OK. Ten and 11 are being withdrawn.
NOTE FOR THE RECORD: At this point, Agenda items PZ-10
and PZ-11 were withdrawn.
Mayor Carollo: Twelve?
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Carollo: OK, and 13. OK, those are companion items.
----------------------------------------------------------------------------------------------------------------
72. DISCUSS / CONTINUE CONSIDERATION OF AGENDA ITEM PZ-1
(PROPOSED VACATION AND CLOSURE OF N.W. 8 AVENUE BETWEEN
16 AND 17 STREET) TO COMMISSION MEETING OF SEPTEMBER 23,
1997.
Mayor Carollo: Well, we will begin with PZ-1. Hopefully, we can go quickly, because as I
announced early this morning, also, I'm going to have to go at about six -thirty. Maybe I can stay
till a little after six -thirty. All right. PZ-1.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. The thing I'd like to say here,
here we go again.
Walter Foeman (City Clerk): Mariano, I'm going to have to swear you in.
Mr. Cruz: Jackson Hospital, School Board...
Mr. Foeman: Excuse me.
Mr. Cruz: They all come to the Commission, asking all the time to give Miami, the rich City of
Miami...
Mr. Foeman: Mariano, I'm going to have to swear you in. OK? Raise your hand.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. Cruz: And there we go. And Jackson, the same thing as the School Board. And then when
we go to them, to Jackson, to the School Board, I think they never give anything to the City.
Why? Why is that? What are we getting from Jackson? Do you know Jackson... The other day
on Saturday, we had a charette in Allapattah, and Jackson Civic Center happens to be in
Allapattah. You know, nobody from Jackson, or from the State Attorney, or from the Public
178 July 24, 1997
Defender, or from the Court, or anybody went there to that charette. And, you know, millions of
dollars... They have to be involved in whatever goes in that community. You know why?
Because they have to go through the streets, unless they travel to Jackson by helicopter. And
they don't travel through 14th Avenue and 12th Avenue. You know, and then we go... And they
don't worry about the neighborhood that they're located. What happen? Maybe they could be
driving down 12th, 14th Avenue, and somebody can break the window of their car, like what
happened to Commissioner Gort, and steal the briefcase from there. It happened to you. It can
happen to anybody driving by there, to Allapattah. The only thing I'd like to... I know this is a
done thing, but what, what do we get from them, since they're located within the City? Do they
pay us anything? No. We have to service them.
Commissioner Plummer: No, but let me tell you what they do, so you'll know. Forty-seven
percent of the indigent patients that they handle at Jackson Hospital come from the City of
Miami. OK? And those are people that have no money, and they don't charge them, and they
don't collect. Now, that doesn't preclude that they shouldn't pay us something for acquiring
property.
Mr. Cruz: No, but you know, many times, they tell me about they don't pay, and then I see that
the Medicaid bill and this other bill, and the Martini ad, and the Homeless Trust, and all these
things. They always tell me, no money.
Mayor Carollo: You know, J.L., those figures that you're giving us, I would like someone to
provide them for me, because it really doesn't sound right to me. I think they're extremely high.
Extremely high. But before we decide on this item, I have to ask some brief questions, if I may,
of either Mr. Gonzalez for Jackson Memorial Hospital, and whomever else is here. Is this
facility only for mental health, or will it be for the criminally insane, drug addicts, or homeless
that also need mental health services?
Mr. Gonzalez (Jackson Hospital Rep.): It is for the homeless that needs mental health. It's also
for mental health patients, out -patients, and so forth.
Mayor Carollo: Criminally insane?
Mr. Gonzalez: I don't believe the criminally insane are part of...
Commissioner Hernandez: I'm going to move to defer this item.
Mayor Carollo: Yeah. I think we need to.
Mr. Gonzalez: But however, we're not closing the street, sir. This is a piece of land that it was
given to the street by the previous owner. And we obtained the property, and we want the
property back, in order to be able to build this mental health building. It has gone through all the
Commissions and the planning. The street is exactly the same way that it is right now. It is a...
just moving of the right-of-way. We're not closing the street at all.
Mayor Carollo: Well...
Mr. Gonzalez: It's going to remain just the way it is right now.
Mayor Carollo: Commissioner Hernandez has asked to defer this.
Commissioner Plummer: Second.
Mayor Carollo: Commissioner Plummer has seconded it. We need to be absolutely sure of
what's going on in this petition.
179 July 24, 1997
Mr. Cruz: Can I say something?
Mayor Carollo: Hold on.
Commissioner Hernandez: Before that, if the motion is to a date certain, I'm sure...
Mayor Carollo: Yeah. Put a date certain.
Commissioner Hernandez: Lourdes, what's a date certain?
Mr. Joel Maxwell (Deputy City Attorney): It's going to be the second meeting in September.
Commissioner Plummer: The 23rd.
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): The 23rd is a Tuesday.
Commissioner Hernandez: I move it to defer to the 23rd of September.
Commissioner Plummer: Second.
Mr. Cruz: Can I add something to the record?
Mayor Carollo: OK. We're deferring this.
Mr. Cruz: No. That South Florida...
Mayor Carollo: Mariano, you'll have a shot next time. Come on, give us a chance. We've got
to leave here soon.
Mr. Cruz: No, no. I didn't come in the morning. I've got to make up for that lost time.
Mayor Carollo: Hey, you're here all the time. And if you don't catch us in the morning, you'll
catch us in the afternoon.
Mr. Cruz: The other places, too.
Mayor Carollo: OK. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: OK.
Mr. Gonzalez: Thank you.
Mayor Carollo: Thank you.
180 July 24, 1997
0
•
The following motion was introduced by Commissioner Hernandez, who moved its adoption:
MOTION NO. 97-552
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-1
(PROPOSED VACATION AND CLOSURE OF N.W. 8 AVENUE BETWEEN 16
AND 17 STREET) TO THE COMMISSION MEETING PRESENTLY SCHEDULED
FOR SEPTEMBER 23, 1997.
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
73. GRANT WITH MODIFICATIONS REQUEST TO RELEASE UNITY OF
TITLE TO RELEASE LOTS 7,8 AND 9, LESS THE NORTH 10', LESS WEST
10' OF LOT 9, AND LOT 10 LESS WEST 10', BLOCK 94S, MIAMI
HEIGHTS, PLAT BOOK 5, PAGE 29; AND LOTS 5 AND 6, LESS NORTH
10', BLOCK 94, CITY SOUTH PLAT BOOK 5, PAGE 41 OF PUBLIC
RECORDS OF DADE COUNTY, FLORIDA -- LOCATION: CORNER OF
CORAL WAY AND S.W. 2 AVENUE.
Mayor Carollo: Number 2, PZ-2.
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): PZ-2 is a request for release
of a unity of title. The Administration is recommending approval with the condition that it be
replaced either with a new unity of title encompassing the entire property, replatting, or a
covenant in lieu of unity of title. And the applicant... I spoke to the applicant, and they have
agreed. She's here.
Commissioner Plummer: I move the approval.
Mayor Carollo: Well, but it needs to either be replatted or at least under covenant before we can
release the unity of title.
Ms. Slazyk: Before we can release the unity of title, they have to give us a... They either have to
go through a replatting process...
Mayor Carollo: Yeah, or a covenant.
Ms. Slazyk: ... give us a new unity of title, or a covenant in lieu of unity of title.
181 July 24, 1997
rI
E
Mayor Carollo: OK. All right. With those provisions, then I'll accept the motion that's...
Commissioner Hernandez: Second.
Mayor Carollo: ... been made by Commissioner Gort to approve it, and second by
Commissioner Hernandez. Would anyone else like to make any statements on this item?
Ms. Laurie Thompson: No. We... Laurie Thompson with... 701 Brickell Avenue, and I'm here
representing the owner of the property. And we've been in contact...
Commissioner Plummer: Did you get her check? Did you get her check?
Walter Foeman (City Clerk): No.
Ms. Thompson: Yes, we paid.
Commissioner Plummer: No? Where's the check?
Ms. Thompson: Yes. Yes.
Commissioner Plummer: Huh?
Ms. Thompson: I've got a copy of it here. We brought it to you yesterday, to make sure we had
it. We've been in contact with the Planning Department, and we agree to submit a unity of title
before this one is released.
Commissioner Gort: Right. Thank you.
Mayor Carollo: Thank you. OK.
Ms. Thompson: Thank you.
Mayor Carollo: All right. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
182 July 24, 1997
.7
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-553
A RESOLUTION, WITH ATTACHMENT(S), APPROVING A RELEASE OF A
UNITY OF TITLE, AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE
TO EXECUTE AN "AGREEMENT RE: RELEASE FROM UNITY OF TITLE," FOR
THE PROPERTY OWNED BY CORAL WAY VENTURES, L.P., LOCATED AT
APPROXIMATELY THE CORNER OF CORAL WAY AND SOUTHWEST 2ND
AVENUE, MIAMI, FLORIDA, SUBJECT TO THE PROPERTY OWNER
EXECUTING AND RECORDING A NEW UNITY OF TITLE, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THE ENTIRE PROPERTY AT
THE OWNER'S EXPENSE.
(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.
----------------------------------------------------------------------------------------------------------------
74. (A) APPROVE AMENDMENT TO APPROVED BRICKELL SQUARE
DEVELOPMENT ORDER FOR PHASES II AND III -- FOR
RESIDENTIAL AND HOTEL USES -- LOCATION: 845-999
BRICKELL AVENUE (BRICKELL SQUARE) -- APPLICANT:
EQUITABLE LIFE ASSURANCE SOCIETY.
(B) BRIEF DISCUSSION REGARDING PORTABLE STRUCTURES
ALLOWED BY SCHOOL BOARD.
Mayor Carollo: We're on 3.
Commissioner Gort: Move it. Move for denial, is it?
Commissioner Hernandez: I second it, for discussion purposes, unless anybody doesn't... does
anybody oppose it?
Mayor Carollo: OK. Is there anyone that wants to speak against it?
Mr. Joel Maxwell (Deputy City Attorney): A couple of things the Planning Department needs to
put on the record, Mr. Mayor.
183 July 24, 1997
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): The Planning Department
needs to read an amendment to the resolution that's in your package into the record.
Mayor Carollo: OK. Do you want to speak against, ma'am?
Ms. Tabitha Fazzino: Hi. Tabitha Fazzino with Dade County Schools. I'm here to provide...
Walter Fo.eman (City Clerk): Mr. Mayor, excuse me. I need to swear her in.
Commissioner Gort: You need to be sworn.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Ms. Fazzino: Hi. Tabitha Fazzino, Dade County Schools. The School Board staff has concerns
about this particular application, and I'm here simply to provide the Commission with that
information. So at the appropriate time, I'll be happy to do that.
Mayor Carollo: Well, now is the time. We're moving quickly.
Ms. Fazzino: Excellent. Thank you for the opportunity to speak.
Mayor Carollo: Surely.
Ms. Fazzino: This particular development, as it currently stands, does not include any residential
unit in the DRI (Development of Regional Impact). What's before you today is a notice of a
proposed change for the DRI. Part of that proposed change is the addition of 1,000 residential
units. Those 1,000 residential units have the potential impact on Dade County Schools of 160
students. The schools which will be impacted are Southside Elementary, Shenandoah Middle,
and Miami Senior High. Southside Elementary currently has a capacity of 216 percent.
Shenandoah Middle is currently at a capacity of 191 percent. And Miami Senior High is
currently at a capacity of 134 percent. The overall feeder pattern, Miami Senior High feeder
pattern, is at 168 percent of capacity. This information has been provided to the Regional
Planning Council, and I believe provided to your staff through them. Additionally, today, I
provided a copy of my letter to the Regional Planning Council, expressing School Board staff
concerns to the Clerk's Office. I'll be happy to answer any questions.
Commissioner Gort: I need to ask you a question.
Ms. Fazzino: Sure.
Commissioner Gort: I don't know if... You've got to get together with the Governor and the
legislation?
Ms. Fazzino: Yes.
Commissioner Gort: My understanding is with the eastward movement, downtown Miami is
being requested to provide more homes and apartments within the downtown area.
Ms. Fazzino: Yes. Absolutely, absolutely.
Commissioner Gort: So how are we going to deal with this?
184 July 24, 1997
Ms. Fazzino: The School Board, for the past two and a half years, since the inception of the
Eastward Ho Program, has been an integral part of that process. We have sat on steering
committees. We are currently sitting on the Eastward Ho Legislative Action Team, which is
currently looking at putting together a proposed... proposed legislative package to further
encourage eastward development and eastward infill. As part of that, what we are looking to do
is gain flexibility to provide facilities on, such as smaller sites, in different venues. And we have
been, overall, successful in working with developers, in trying to facilitate that. We have not
really had an opportunity to have those discussions with this developer. We have not had an
opportunity to have those discussions with City of Miami staff. I'm not in a position to accept or
reject anything here today. Only the School Board can do that, as they are the policymakers.
Again, I'm simply here to provide the Commission with this information.
Mayor Carollo: And we appreciate your input.
Commissioner Gort: Thank you.
Vice Mayor Regalado: The problem with Southside is overcrowding, of course, but coming
from East Little Havana, not from the Brickell area. Isn't that the case?
Ms. Fazzino: The problem is an overabundance of students on a site that is very small. We are
not currently able to expand it. We are, you know, always looking to improve these facilities.
And hopefully, out of the Eastward Ho process, we'll be able to get some additional funding, or
get some additional flexibility to do further things in the urban cores.
Commissioner Plummer: Call the question.
Mayor Carollo: OK. Any statements you would like to make?
Ms. Lucia Dougherty: Mr. Mayor, Lucia Dougherty, with offices at 1221 Brickell Avenue.
Only addressing the concerns of the School Board. As you know, there is a School Board impact
fee that many of your downtown developers opposed when it came into effect. This School
Board impact fee would cost this developer, for 1,000 units, one million six hundred thousand
dollars ($1,600,000), for this one development, alone. That, in addition to all the taxes, it would
seem to me, would be sufficient enough to pay for the overcrowding, or the new facilities of the
school.
Mayor Carollo: How much is it going to pay in taxes?
Ms. Dougherty: How much would we be paying after the thing gets built?
Mayor Carollo: Yes.
Ms. Dougherty: I can't tell you that. I haven't done that calculation. But the impact fees alone
would be a million six hundred thousand.
Commissioner Gort: It's one million dollars ($1,000,000).
Mayor Carollo: A million six hundred thousand in impact fees.
Ms. Fazzino: If I may, just because I happen to have the information handy...
Commissioner Gort: Move it.
185 July 24, 1997
Ms. Fazzino: I'm sorry. The total potential capital cost from this development for the 1,000
units is two million one hundred and forty-two thousand two hundred and eleven dollars
($2,142,211), roughly.
Mayor Carollo: What is the total construction cost of these 1,000 units?
Ms. Dougherty: A million... one hundred and ninety-nine million dollars ($199,000,000),
including taxes, project costs, wages, and a million...
Mayor Carollo: Two hundred million dollars ($200,000,000).
Ms. Dougherty: Correct.
Mayor Carollo: When will it be finished?
Ms. Dougherty: We hope within two years.
Mayor Carollo: Within two years. OK. So...
Ms. Dougherty: We have two office tenants that we're dealing with right now.
Commissioner Plummer: That's seven hundred thousand.
Commissioner Hernandez: I second the motion.
Mayor Carollo: No, no. That's - what? - two hundred million, what it... What it would
represent to the City would be approximately two million dollars ($2,000,000) in taxes a year for
the City.
Commissioner Gort: For the School Board, about...
Mayor Carollo: That's not for the School Board...
Commissioner Hernandez: Right.
Mayor Carollo: ... nor for the County. That will be in addition to.
Commissioner Hernandez: I would second the motion.
Commissioner Gort: I moved that, and he seconded.
Ms. Slazyk: What I would like to... The changes the Planning Department would like to read
into the record in the legislation that we just handed out. In order to comply with the
Department of Community Affairs and South Florida Regional Planning Council approval, the
following changes have to made to the legislation. On page 7 of the handout that you just
received, under the title, "Development," second sentence. "The flexible development program,"
will now read:
"The flexible development program establishes a range of land use thresholds
and allows the exchange of uses to the extent that the p.m. peak hour peak
directional trips originally approved..." Oh. "... trip impact for the originally
approved level of vested development of the 1985 Brickell Square Project, Phases
II and III DRI development orders not exceeded."
In the next paragraph, "Flexibility, " the first sentence should read:
"The intensity of uses can vary within the minimum ranges identified above, as
long as the square footages/rooms permitted for the uses are not exceeded, and a
186 July 24, 1997
cumulative tally of 778 p.m. peak hour peak directional trips are not exceeded, as
shown in Table 97.1."
And the table on the next page should be amended to remove the last column entirely. And the
double asterisks below should be removed entirely. And the single asterisks should read:
"It is not possible to simultaneously develop each of the land uses to their
maximum intensity without exceeding the traffic impact for the vested level of
development as specified in the 1985 DRI development order."
Those are all the changes.
Mayor Carollo: OK. Does the maker of the motion...
Commissioner Gort: Go ahead and second it.
Commissioner Hernandez: Yes, sir.
Mayor Carollo: Gort makes it and Plummer seconds it. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
Ms. Dougherty: Thank you.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-554
A RESOLUTION, WITH ATTACHMENT(S), AMENDING A PREVIOUSLY
APPROVED DEVELOPMENT ORDER (RESOLUTION NO. 85-1060, ADOPTED
OCTOBER 10, 1985, AS AMENDED BY RESOLUTION NO. 89-410, ADOPTED
APRIL 27, 1989, RESOLUTION NO. 92-597, ADOPTED SEPTEMBER 24, 1992,
RESOLUTION NOS. 94-597 AND 94-598 ADOPTED JULY 26, 1994, AND
RESOLUTION 96-290 ADOPTED APRIL 25, 1996, ALL ATTACHED), FOR THE
BRICKELL SQUARE PROJECT PHASES 11 AND III, LOCATED AT
APPROXIMATELY 845-999 BRICKELL AVENUE, A DEVELOPMENT OF
REGIONAL IMPACT, PURSUANT TO SECTION 380.06, FLORIDA STATUTES,
AND A MAJOR USE SPECIAL PERMIT, PURSUANT TO PRIOR ZONING
ORDINANCE NO. 9500, BY AMENDING THE USES PROPOSED FOR THE SITE
TO INCLUDE RESIDENTIAL AND HOTEL USES; BY AMENDING THE
DEVELOPMENT ORDER TO REMOVE THE OBLIGATION THAT THE PROJECT
BE DEVELOPED ACCORDING TO THE MASTER DEVELOPMENT PLAN
INCLUDED IN THE APPLICATION FOR DEVELOPMENT APPROVAL (ADA); BY
INCREASING THE NUMBER OF PERMITTED PARKING SPACES ON THE
PROPERTY; AND BY MAKING A CLARIFICATION THAT THE PROJECT MUST
COMMENCE BY THE SPECIFIED DATES; FINDING THAT SAID CHANGES DO
NOT CONSTITUTE A SUBSTANTIAL DEVIATION; MAKING ADDITIONAL
FINDINGS; INSTRUCTING TRANSMITTAL OF COPIES OF THIS RESOLUTION
TO AFFECTED AGENCIES; AND PROVIDING FOR AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
187 July 24, 1997
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.
Commissioner Plummer: Mr. Mayor, if I may ask, I would like the Planning Department to
come back. I am getting very, very concerned of all of the schools that are putting in portables.
And I would like to see if, whether the concurrence or master plans are, in fact, doing what
they're supposed to do to be regulating schools and portables. We spent a billion dollars
($1,000,000,000) in bonding to build new schools. I somewhat wonder where that money is
going. And more so, I'm worried about crowding the property they presently have, without
building new schools and putting in portables. I ask you to please come back with a report to
this Commission on concurrence of portables in the public school system.
Mr. Jack Luft (Director, Planning & Development): Yes, sir.
Commissioner Plummer: Thank you.
Mayor Carollo: I have to step out for a few minutes, so you'll still have three Commissioners
here, and I'll be done in about five or seven minutes. Excuse me.
Vice Mayor Regalado: PZ-4.
Mr. Luft: Mr. Mayor, I feel I need to put on the record a comment on this last issue.
Mayor Carollo: Go ahead, Jack.
NOTE FOR THE RECORD: Mayor Carollo and Commissioner
Plummer exit the Commission chamber at 6:12 p.m.
Mr. Luft: What the School Board was basically telling you is that in addition to the million
seven in impact fees, they wanted additional money. They were asking for more impact fees
than were required. The concern that we have as the Planning Department is that there was two
million eight hundred thousand in impact fees paid by the last thousand units built on Brickell.
We are now seeing another million seven. The question was, what is the budget planned by the
School Board for Southside Elementary, which they admit is 200-plus percent over capacity?
And the answer is, zero. What is planned for Coconut Grove Elementary? Zero. The concern
we have as the Planning Department - and I sit as our representative on that Infill Task Force,
supported by the State - is that we are saying on the one hand, come build in the City. Build
high density. But we have run out of luxury bayfront sites. From here on out, the majority of
that development is going to be more in the affordable range of housing. We have already lost
two projects, put on hold for inability to pay impact fees. In addition to the School Board, there
188 July 24, 1997
is a million dollar ($1,000,000) impact fee to the City, and a million dollar ($1,000,000) impact
fee to the County. The impact fees are how making affordable housing projects virtually
impossible to build. And yet, while we're being asked to pay those impact fees, which are
extraordinary, the question still is unanswered, where are the dollars for the schools on the inner
City, in those neighborhoods that are supposed to serve those students? And the answer is, zero.
I can assure you, we will look into this issue, and I will take this up with the School Board, and
we're going to get you some more answers than... more than just about portables.
Commissioner Gort: Do that.
Vice Mayor Regalado: Well, thank you. Thank you, Jack.
----------------------------------------------------------------------------------------------------------------
75. APPROVE SPECIAL EXCEPTION TO PERMIT COMMUNITY BASED
RESIDENTIAL FACILITY (ACLF) FOR 50 RESIDENTS, ZONED R-3
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL -- LOCATION: 2333
N.W. 22 AVENUE -- APPLICANT: NORTHWESTERN ENTERPRISES, INC.
Vice Mayor Regalado: PZ-4.
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): PZ-4 is a request for a
community -based residential facility. It required Zoning Board special exception with City
Commission approval. The department had originally recommended approval with conditions
that the facility be reduced from 50 residents to 35, in order to come up with a more spacious
interior plan. The applicant presented a plan to the Zoning Board with 46 units that complied
with all of our requirements. We therefore recommend approval, as approved by the Zoning
Board, and the revised plans, which are before you and on file.
Commissioner Hernandez: Mr. Vice Mayor, I move this item, unless there's an objection, and
we can hear from them.
Vice Mayor Regalado: Anybody?
Commissioner Gort: Wait a minute. Let me ask you a question. What kind of facility is this?
Ms. Slazyk: It's a...
Commissioner Hernandez: Residential.
Mayor Carollo: Is this a living facility? Is this ACLF (Adult Congregate Living Facility)?
Ms. Slazyk: Yes, for... a community -based residential facility for elderly residents.
Walter Foeman (City Clerk): Let me swear you in, please.
Vice Mayor Regalado: Go ahead.
Mr. Foeman: Raise your right hand.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
189 July 24, 1997
Vice Mayor Regalado: Two... Members of the Commission, two months ago, there was a fire in
one of those houses that is being now used as this residential community, and I'm told that the
City has no control at all on the numbers of persons. You're talking about 14?
Ms. Slazyk: The ones you are speaking of are in single-family residential neighborhoods.
Vice Mayor Regalado: Right.
Ms. Slazyk: They can do up to six, and in duplex, up to 14. Those are governed by the State,
and those cannot be rejected by the City. Anything over that depends on the zoning district and
the densities permitted in that district. This application is in an R-3 zone, so they can do more
than the 14, but they need the special exception to do it.
Vice Mayor Regalado: Commissioner Gort...
Commissioner Hernandez: I have a question for Mr. Arango. This borders right on a
commercial district, doesn't it?
Mr. Ramiro Arango: Yes, it does, sir. I also might want to add to something that Commissioner
Regalado said. This is a brand new facility. It's not a conversion from an existing structure, and
it does... It will abide by all the fire guidelines. And I've been certified already, and they're
really into the fire aspect of it all. And we will abide by it.
Commissioner Hernandez: We're dealing with a brand new structure?
Mr. Arango: Yes, sir.
Ms. Slazyk: Yeah. The Planning Department went out to look at the property. There are a
substantial number of major trees, you know, specimen trees. And the plan calls out for
preserving them. They built... You know, it's a single -story facility, and they built it around the
trees, and they're going to preserve a residential character.
Commissioner Gort: It's right on 22nd Avenue. I just want to make sure that somehow, we
maintain it the way it should be, because as we all are aware of, Allapattah, Edgewater and
Wynwood, we're beginning to get all these homes in all these neighborhoods. I want to make
sure that when we approve this, the landscaping is maintained, and that somehow the NET
(Neighborhood Enhancement Team) Office is made aware of this, and the NET Office make
sure they comply with it. Now, my understanding is they will be audited by the State?
Ms. Slazyk: Yes. They are going to need to comply with the HRS (Department of Housing and
Rehabilitative Services) guidelines, right.
Commissioner Gort: They're subject to State audit, and they're also subject to City audit?
Ms. Slazyk: Well, what you can do right now, if you feel it's important, add a condition,
perhaps tonight, that we do a one year review after CO (Certificate of Occupancy), to make sure
that they're maintain...
Commissioner Gort: How many units?
Ms. Slazyk: It's 46 beds. It's not units. Forty-six beds. Some of them are double occupancy
rooms. Some are separated by the partitions.
190 July 24, 1997
Commissioner Hernandez: Commissioner, I...
Commissioner Gort: If you make it with one year review, that would be...
Commissioner Hernandez: One year what?
Ms. Slazyk: After CO?
Commissioner Gort: Have a one year review by staff.
Commissioner Hernandez: Right. OK. I've made the motion.
Vice Mayor Regalado: OK. There is a motion by Commissioner Hernandez.
Commissioner Gort: Second.
Vice Mayor Regalado: Second by Commissioner Gort. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-555
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, TO PERMIT A
COMMUNITY BASED RESIDENTIAL FACILITY, ADULT CONGREGATE LIVING
FACILITY, FOR FORTY-SIX (46) RESIDENTS, WITH A REDUCTION IN THE
REQUIRED PARKING SPACES; ZONED R-3 MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2333
NORTHWEST 22ND AVENUE, MIAMI, FLORIDA; SUBJECT TO (1) FINAL
APPROVAL OF THE ARCHITECTURAL PLANS BY THE DEPARTMENT OF
PLANNING AND DEVELOPMENT, (2) A TIME LIMITATION OF TWELVE (12)
MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, AND (3) THE
SUBMITTAL OF A COVENANT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
Mayor Joe Carollo
191 July 24, 1997
Vice Mayor Regalado: Now to PZ... PZ-5 has been deferred.
----------------------------------------------------------------------------------------------------------------
76. PROPOSED FIRST READING ORDINANCE: AMEND ORDINANCE 10544
FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL --
CHANGE FUTURE LAND USE ELEMENT OF COMPREHENSIVE
NEIGHBORHOOD PLAN -- LOCATION: 2600 AND 2602 N.W. 3 STREET --
APPLICANT: ISLAS CANARIAS RESTAURANT.
Vice Mayor Regalado: PZ-6. We're ready for you.
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): PZ-6 and 7 are companion
items. This is an amendment to the future land use map and to the zoning atlas for the property
at 2600...
Vice Mayor Regalado: Excuse me, Lourdes.
Unidentified Speaker: You don't have a quorum.
Vice Mayor Regalado: We need to have another Commissioner here.
Ms. Slazyk: Oh, all right.
Vice Mayor Regalado: Go ahead.
Ms. Slazyk: OK. I'm sorry. This is... 6 and 7 are companion items, amendment to the future
land use map and the zoning atlas for 2600-2602 Northwest 3rd Street. The department
recommends approval. It was recommended for approval by the Planning Advisory Board and
by the Zoning Board.
Vice Mayor Regalado: Anyone from the public?
Mr. Santiago Echemendia: Santiago Echemendia, One Biscayne Tower, on behalf of the
applicant, Islas Canarias. We've been through all of your...
Mr. Foeman: Excuse me. I'm going to have to swear you in. Would you raise your right hand?
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Commissioner Gort: This is right across from Miami High, right? This used to be the school.
Commissioner Hernandez: Right. I move to approve.
Commissioner Gort: Second.
Commissioner Hernandez: You've got a motion and a second.
Vice Mayor Regalado: Yes.
192 July 24, 1997
r�
Commissioner Hernandez: All those in favor...
Vice Mayor Regalado: Yes, signify by saying "aye."
The Commission (Collectively): Aye.
Vice Mayor Regalado: The motion is approved. PZ...
Mr. Joel Maxwell (Deputy City Attorney): This is an ordinance.
Ms. Slazyk: It's an ordinance.
Mr. Maxwell: This is an ordinance.
Commissioner Hernandez: It's an ordinance, an ordinance.
Mr. Maxwell: This is an ordinance, Mr. Vice Mayor.
Vice Mayor Regalado: Yes, oh. 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
DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 2600 AND
2602 NORTHWEST 3RD STREET, FROM "DUPLEX RESIDENTIAL" TO
"RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Hernandez, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
Mayor Joe Carollo
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.
193 July 24, 1997
0
•
----------------------------------------------------------------------------------------------------------------
77. PROPOSED FIRST READING ORDINANCE: AMEND ZONING
ORDINANCE, ARTICLE 4, SECTION 401, FROM R-2 TWO-FAMILY
RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL -- LOCATION: 2600
AND 2602 N.W. 3 STREET -- APPLICANT: ISLAS CANARIAS
RESTAURANT.
Vice Mayor Regalado: PZ-7 is a companion.
Commissioner Hernandez: I move it.
Vice Mayor Regalado: Mr. City Attorney.
Mr. Joel Maxwell (Deputy City Attorney): It hasn't been seconded. I didn't hear it seconded,
sir. I heard it moved.
Commissioner Gort: I'll second.
Vice Mayor Regalado: PZ-7. It's a companion.
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): He seconds.
Commissioner Hernandez: I move it.
Vice Mayor Regalado: Second. Call the roll, please.
An Ordinance entitled -
AN ORDINANCE AMENDING PAGE NO. 34 OF THE ZONING ATLAS OF THE
CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION
FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL
FOR THE PROPERTY LOCATED AT APPROXIMATELY 2600-2602 NORTHWEST
3RD STREET; MAKING FINDINGS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Hernandez, seconded by Vice Mayor Regalado, and
was passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: J.L. Plummer, Jr.
Mayor Joe Carollo
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.
194 July 24, 1997
------------------------------------ -------------------------------------------------- --------------------------
78. PROPOSED FIRST READING ORDINANCE: AMEND ORDINANCE 10544
FROM OFFICE TO RESTRICTED COMMERCIAL -- CHANGE FUTURE
LAND USE ELEMENT OF COMPREHENSIVE NEIGHBORHOOD PLAN --
LOCATION: 1200 & 1250 S.W. 27 AVENUE & 2728 S.W. 12 STREET --
APPLICANT: OMNISPHERE CORP & FRANCISCO VALDES.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Regalado: PZ-8.
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): PZs-8 and 9 are also
companion items for a future land use map and zoning atlas amendment at 1250 Southwest 27th
Avenue. It's a change from office to restricted commercial. The Planning Department has
recommended approval, and the Planning Advisory Board, and the Zoning Board have also
recommended for approval.
Vice Mayor Regalado: OK. Anyone from the public?
Commissioner Gort: Is the applicant here?
Commissioner Hernandez: Where is the applicant?
Commissioner Gort: Are there any conditions or...
Ms. Slazyk: No. This is a first reading zoning and comp. plan amendment.
Commissioner Gort: OK.
Commissioner Hernandez: I move to approve it.
Commissioner Gort: Name and address.
Mr. Alex Valdes: Alex Valdes, 1250 Southwest 27th Avenue.
Commissioner Gort: Thank you. Second.
Vice Mayor Regalado: OK. There is a motion and a second. Mr. City Attorney. Call the roll.
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 1200
AND 1250 SOUTHWEST 27TH AVENUE AND 2728 SOUTHWEST 12TH STREET,
FROM "OFFICE" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS;
DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
195 July 24, 1997
was introduced by Commissioner Hernandez, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
Mayor Joe Carollo
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.
----------------------------------------------------------------------------------------------------------------
79. PROPOSED FIRST READING ORDINANCE: AMEND ORDINANCE 11000
FROM O-OFFICE TO C-1 RESTRICTED COMMERCIAL -- CHANGE.
ZONING ATLAS -- LOCATION: 1200 & 1250 S.W. 27 AVENUE & 2728 S.W.
12 STREET -- APPLICANT: OMNISPHERE CORP & FRANCISCO VALDES.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Regalado: PZ-9, companion.
Commissioner Gort: Move it.
Commissioner Hernandez: Second.
Vice Mayor Regalado: Mr. City Attorney. Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING PAGE NO. 40 OF THE ZONING ATLAS OF THE
CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION
FROM O-OFFICE TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY
LOCATED AT APPROXIMATELY 1200 AND 1250 SOUTHWEST 27TH AVENUE
AND 2728 SOUTHWEST 12TH STREET; MAKING FINDINGS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
196 July 24, 1997
was introduced by Commissioner Gort, seconded by Commissioner Hernandez, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
Mayor Joe Carollo
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.
Vice Mayor Regalado: PZ-10.
Ms. Slazyk: Ten and 11 have been withdrawn.
Vice Mayor Regalado: OK.
----------------------------------------------------------------------------------------------------------------
80. DENY APPEAL OF ZONING BOARD DECISION WHICH DENIED
VARIANCE LISTED IN ORDINANCE 11000, ZONED R-1 SINGLE FAMILY
RESIDENTIAL -- TO PERMIT ADDITION WITH REAR YARD SETBACK
FOR SINGLE FAMILY RESIDENCE -- LOCATION: 1772 S.W.10 STREET --
APPLICANT: GUDELIA GONZALEZ.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Regalado: OK. We'll move to PZ-12.
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): PZ-12 is an appeal of a
variance that was denied by the Zoning Board. It's recommended for denial by the Planning
Department. This is an after -the -fact variance. It is over -construction on the property. There is
no hardship to justify the variance, and the department recommends denial of the variance and
the appeal.
Vice Mayor Regalado: OK. We... "Necesitan un interpreter o... o hablar... T'
Mr. Juan Herrera: "No, yo puedo hablar ingles."
Vice Mayor Regalado: OK. So go ahead. You are the appellant, right?
Mr. Herrera: Yeah.
Vice Mayor Regalado: You are appealing.
Mr. Herrera: Right.
Mr. Joel Maxwell (Deputy City Attorney): They don't need one?
197 July 24, 1997
•
0
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Vice Mayor Regalado: Go ahead.
Ms. Slazyk: The appellant usually goes first in this case.
Mr. Herrera: Yeah, OK. We built the unit, you know, for ourselves to live in the back, and, you
know, this is all my mom's life save that we put in this building. And then we see how we can
comply with other requirements to save this property, because it's... See, all our money is in this
building, and then we... It's going to be a hard time for her, that we demolish this building. It's
a well done unit. And then I don't see why we have to go ahead and demolition this unit. And
we also have it as a storage, and we... You know, we want to have it like that. We're not using it
for any, you know... And then we would like to see how we can save this unit that we built way
back, without knowledge... My mom didn't have no knowledge about the other requirements
that the City complied to do the units and everything. And the guy who built this unit, he didn't
told her anything about the setback, and we didn't know or have any knowledge of the
requirements to... for this to be built.
Vice Mayor Regalado: Thank you.
Commissioner Hernandez: Are we going to hear from the... Can we ask... We should ask
questions now, or you want to...
Ms. Slazyk: Well, the neighbors are here, and they want to speak.
Commissioner Hernandez: OK.
Vice Mayor Regalado: Go ahead.
Ms. Slazyk: And we also have the NET (Neighborhood Enhancement Team) Administrator
here.
Vice Mayor Regalado: Name and address, please.
Mr. Jose Echagarrua: My name is Jose Echagarrua, 1815 Southwest 16th Street. I'm from the
Shenandoah Neighborhood Association. I'm a board member. And just basically, you know, we
want to improve the area for the whole neighborhood, you know. We can't just consider one
person, because what this is doing is making a... you know, greater stress on all the services that
we have, the police services, the fire services, garbage services, and it's just encroaching on the
neighborhood. You have in your file letters from the adjacent neighbors who don't want this
approved. And, you know, I feel bad for them, but unfortunately, if I do something that's illegal
in my house, I will go ahead and fix it for the good of the whole neighborhood. So we just ask
that, you know, the law be enforced. If someone breaks the law, unfortunately, they have to
correct what they have done wrong. And we feel bad for them, but, you know, we want to
improve. And if you go to the other variances that have been denied, that have also been
encroachment in the neighborhood over the last couple of weeks, the properties have improved a
great deal. They've put landscaping, and it's made the whole neighborhood a lot better. So we
ask that you deny the variance for the good of the whole neighborhood.
Commissioner Hernandez: Mr. Vice Mayor, I have some questions of the appellant.
Vice Mayor Regalado: Sure. Go ahead.
198 July 24, 1997
Commissioner Hernandez: How long have you owned this property for?
Mr. Herrera: We own it for about 15 years.
Commissioner Hernandez: Fifteen years? When were you first cited for the violation, more or
less?
Mr. Herrera: About four years ago.
Commissioner Hernandez: Four years ago, they decided you...
Mr. Herrera: Three... it's about... about close to two years.
Commissioner Hernandez: Two years ago, they first cited you? What are the outstanding fines
at this point in time?
Mr. Rafael Rodriguez: This case has not been brought in front of the Code Enforcement. It got
cited for illegal work about two years ago. We did a sweep a few... like a year or so ago, and
that's when the illegal unit came up. And then we started a new case. With this new case is
when we started working with the applicant, and we haven't taken it in front of the Code
Enforcement because of submitting plans and trying to correct the zoning variance.
Commissioner Hernandez: So there is no outstanding fines at this present time.
Mr. Rodriguez: There's no fines.
Vice Mayor Regalado: What kind of work has been done, Rafael?
Mr. Rodriguez: They added a portion to the main house on the front, and a second structure in
the rear, which is only a few feet from the property line. Even though if the will of this
Commission is to grant them the variances, we are going to have problems, because they've got
illegal units. And they stated they want to keep that unit. And even if it's kept as an accessory
structure, somehow down the line, that unit is going to come back in there again.
Vice Mayor Regalado: So there's no fines as of this moment.
Mr. Rodriguez: There's no fines yet, because it hasn't been brought up in front of Code
Enforcement.
Vice Mayor Regalado: OK. Anyone else from the public? Jose.
Mr. Echagarrua: Commissioner, I would like to submit for the record... Here are some pictures
that I took of the block and the adjacent blocks, and... so you could note the overcrowding.
Commissioner Hernandez: Sir, you stated that this is not a... you don't use it for income, it's not
a rental unit.
Mr. Herrera: Yeah, that's right. Yeah.
Commissioner Hernandez: They're saying that you have an illegal unit. Who lives in that unit?
Mr. Herrera: First, before this problem came, I used to live with my wife in the unit. There's
also... We have on the same block, we have three buildings, three two storage buildings that
they don't have no parking facilities. That's why the congestion is on the block.
199 July 24, 1997
Commissioner Hernandez: Ralf, you're saying that even if we were to grant the variance, we
would have a problem with the illegal unit, and there's...
Mr. Rodriguez: We... This is all one zone. At the last inspection, they got three units there.
They got two more than it allows.
Commissioner Hernandez: Is there any way that they could connect the... in order to remove
that unit, connect... when we're talking about an illegal unit, connect it with the main house so it
would not be considered a unit anymore... separate unit from the house?
Mr. Rodriguez: It's always possible, but they got to do construction work, because it's a
detached structure.
Unidentified Speaker: It's still encroaching.
Mr. Rodriguez: It's... You still got the same...
Commissioner Hernandez: Well, besides the encroachment, do you understand what I'm
asking? You're saying that we'd still be dealing with an illegal unit, but if we could connect that
unit with the main house, it would not longer be considered a separate unit. Correct?
Mr. Rodriguez: Well, you got to remove all the kitchens, and make the whole... it's going to be
a humungous house. You're going to have quite a few bedrooms in there.
Commissioner Hernandez: Right. But it would be the classic case where they have to remove a
stove, or remove the sink, in order to make...
Mr. Rodriguez: And connect it, and do some more addition work, because if... It's a few feet in
between the main house and the rear structure.
Commissioner Hernandez: And the only solution that we have, according to what you're saying,
that is, they would have to demolish the addition.
Mr. Rodriguez: They... If the variance is not granted, they would... Yeah. They have to cut it
back, or demolish it.
Commissioner Hernandez: Is there a possibility of cutting... How many feet is it encroaching?
Ms. Slazyk: Seventeen.
Mr. Rodriguez: Seventeen... Practically, it would he a total demolition of the rear building.
Ms. Slazyk: The rear setback required is 20 feet, and they're providing three. So they're
encroaching by 17 feet. I don't even know if the length of the building is that much.
Vice Mayor Regalado: Are we finished with the public presentation?
Ms. Slazyk: I believe so.
Vice Mayor Regalado: OK. Is there in this case any motion?
Commissioner Hernandez: Yeah. I...
200 July 24, 1997
Vice Mayor Regalado: I'd like to...
Commissioner Hernandez: I'm really sorry. I just don't see any other... any other choice but to
move to deny this application, deny the appeal.
Vice Mayor Regalado: OK. There is a motion to deny. I'm seconding the motion. All in favor,
signify by saying "aye."
The Commission (Collectively): Aye.
Vice Mayor Regalado: The motion...
Commissioner Hernandez: The appeal is denied.
Vice Mayor Regalado: The appeal has been denied.
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-556
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD AND
DENYING THE VARIANCE FROM THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, R-1 SINGLE-FAMILY RESIDENTIAL, TO PERMIT AN
ADDITION WITH A REAR YARD SETBACK OF 3.4' (20'-0" REQUIRED) AND A
SIDE YARD SETBACK OF 4.7' (EAST) AND 4.6' (WEST) (5'-0" REQUIRED) FOR
AN EXISTING SINGLE FAMILY RESIDENCE FOR THE PROPERTY LOCATED
AT APPROXIMATELY 1772 SOUTHWEST LOTH STREET (MORE
PARTICULARLY DESCRIBED HEREIN); PER PLANS ON FILE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
Mayor Joe Carollo
201 July 24, 1997
----------------------------------------------------------------------------------------------------------------
81. DENY APPEAL OF ZONING BOARD DECISION WHICH DENIED
VARIANCE TO PERMIT STRUCTURES WITH SETBACKS IN SINGLE
FAMILY RESIDENCE, ZONED R-1 SINGLE FAMILY RESIDENTIAL --
LOCATION: 2225 S.W. 19 STREET -- APPLICANT: GLADYS MANZO,
ROGELIO MANZO & EVA B. ACOSTA.
Vice Mayor Regalado: PZ-13.
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): PZ-13 is also an appeal of a
variance that was denied by the Zoning Board. This is for the property at 2225 Southwest 19th
Street. This is also a case where the property was constructed without the benefit of building
permits. It's an over -construction on the subject property, and the department is recommending
denial of the appeal and denial of the variance.
Vice Mayor Regalado: We need to swear them.
Walter Foeman (City Clerk): Yes. Would you raise your right hand, please?
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Vice Mayor Regalado: Lourdes.
Ms. Slazyk: Yes.
Vice Mayor Regalado: What is this case, this... What is the department's recommendation on
this case?
Ms. Slazyk: The department also recommends denial. This is a lot that has an area of 6,660
square feet. A typical lot in the City is only 5,000 square feet. There is no hardship. It's an
oversized lot, and it has been over -constructed. It encroaches into the setback. There are no
building permits for the encroaching work, and there's no hardship. We recommend denial.
Vice Mayor Regalado: OK. Do you want to... "Puede hablar en espanol, si quiere."
[NOTE: INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT,
ARE STATEMENTS IN SPANISH. FOLLOWING EACH AND
EVERY STATEMENT, PLEASE FIND THE CORRESPONDING
TRANSLATION INTO ENGLISH OR SPANISH, AS THE CASE
MAY BE. SPANISH STATEMENTS WILL BE DENOTED BY
CAPITAL LETTERS. TRANSLATIONS WERE MADE BY VICE
MAYOR REGALADO.]
Ms. Gladys Manso: "OK. MEJOR PARA MI, ENTONCES. EL PROBLEMA ES QUE HAY
UN CUARTO QUE NOS FALTABA UN PIES. EL OTRO... HAY UNA PARTE QUE YO
PIENSO QUE NO HAY QUE TUMBARLA, SI SE PUEDE TUMBAR COMPLETO. YO LO
QUE QUIERO ES APLICAR PARA LA VARIENTE, A VER SI LO PUEDO DEJAR.
202 July 24, 1997
Translation: What she's saying is that she believes that she doesn't have to destroy... most of all,
what has been said here that she's applying for a variance. That's basically what she is saying.
Vice Mayor Regalado: What is she talking about, Lourdes? What... Is she saying that... Is she
saying that she wants to...
Ms. Slazyk: No, she's not... It's not just a foot.
Commissioner Gort: You got a five foot setback, and they only have one in one section, and
two.
Ms. Slazyk: And in the rear, 20 is what's required, and she's encroaching ten feet. They're
encroaching on both sides, and on the rear, and it's more than one foot. It's more... They're
only leaving a foot and change in one area. And a side setback is five feet. It's an oversized lot,
so you consider the amount of construction on an oversized lot to reach those setbacks, it's...
You know, it's out of scale and character with the neighborhood.
Vice Mayor Regalado: "Usted entiende to que esta diciendo?"
Ms. Manso: "Si."
Vice Mayor Regalado: "No es-lo mismo que dice usted. Ella dice..."
Ms. Manso: "Yo nose..." I don't understand the plan. That's the problem.
Ms. Slazyk: Well, I... I mean, I don't know why she doesn't understand. That's the plan she
submitted to the City for her variance.
Ms. Manso: "Si," I go to the variance. I need a variance.
Ms. Slazyk: And according to your plans, you are... At the rear, 20 feet is what's required.
There's only ten left. And in the sides, you have five feet required on one side, on the west.
There's only three... three feet, four inches. And on the east side, it goes from a range from one
foot eight inches to two feet eight inches, where five feet is required. So it's more than a foot.
Vice Mayor Regalado: Do you want to address the Commissioners?
Mr. Jose Echagarrua: Yeah. We just... The same situation as before. We're trying to improve
our neighborhood to... Unfortunately, over the years, nobody has cared about these
neighborhoods, and they've allowed all these things. And now, with the help of the NET
(Neighborhood Enhancement Team) Office, and with the help of the Commission, we're trying
to fix it up to restore it to a single-family neighborhood. I feel very bad for all these people, but
unfortunately, the laws have to be obeyed. And, you know, as honest citizens, if we want the
laws to work for us, we have to obey them. And that's why I hope these people will understand
that what we're trying to do is not, you know, affect them, but to improve the neighborhood for
the good of everybody. I have some pictures here also, if you'd like to see.
Commissioner Hernandez: Before I make a motion, Mr. Vice Mayor... Lourdes, we have
outstanding fines here as of March the 19th? Oh, that was granting an extension. What... Do
we have a running fine right now?
Ms. Teresita Fernandez (Assistant. Executive Secretary, Hearing Boards): They were granted an
extension of time. So in reality, there are no... no fines accruing.
203 July 24, 1997
Commissioner Hernandez: ... are accruing either.
Ms. Fernandez: No.
Commissioner Hernandez: Well, seeing that there is no hardship, unless... Go ahead,
Commissioner Gort.
Commissioner Gort: I'd like to make a statement, which I think is very important, before you
make your motion, and people understand. Even if you were to go ahead and move to approve
this, when you have the applications, and you look at the ten different reasons why you should
grant the variance, they don't meet any one of them. So this can be taken to court and be lost,
anyway.
Commissioner Hernandez: That's... My motion is premised on that, due to the failure of
meeting any hardships, not refuting any of the arguments of our staff. I will move to deny the
appeal, and... As the item before, I'm just moving to deny the appeal.
Vice Mayor Regalado: OK. There is a motion to deny.
Commissioner Gort: Second.
Vice Mayor Regalado: Second by Commissioner Gort. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
204 July 24, 1997
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-557
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD AND
DENYING THE VARIANCE FROM, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, R-1 SINGLE-FAMILY RESIDENTIAL, TO PERMIT
STRUCTURES WITH THE FOLLOWING SETBACKS: A MINIMUM INTERIOR
SIDE YARD SETBACK OF 1'-8" TO 2' -8" (EAST) AND 3' 4" (WEST) (5' -0"
MINIMUM REQUIRED), AND PER ARTICLE 9, SECTION 908.3, PERMANENT
STRUCTURAL PROJECTIONS FROM BUILDINGS, TO ALLOW THE OVERHANG
TO LEAVE FROM 1' -2" TO 2' -2" OPEN SPACE FROM THE REQUIRED SIDE
YARD (EAST) AND TO LEAVE 2' -4" OPEN SPACE FROM THE REQUIRED SIDE
YARD (WEST) (3' -0" MINIMUM SPACE REQUIRED BETWEEN THE EDGE OF
THE EAVE AND THE INTERIOR SIDE PROPERTY LINE) FOR AN EXISTING
SINGLE FAMILY RESIDENCE LOCATED AT APPROXIMATELY 2225
SOUTHWEST 19TH STREET (MORE PARTICULARLY DESCRIBED HEREIN).
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None. -
ABSENT: Commissioner J.L. Plummer, Jr.
Mayor Joe Carollo
Vice Mayor Regalado: This meeting is adjourned.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 6:39 P.M.
JOE CAROLLO
MAYOR
ATTEST:
Walter Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
205 July 24, 1997