HomeMy WebLinkAboutCC 1997-09-09 MinutesCITY OF MIAM]
PaEPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
WALTER J. FOEMAN
CITY CLERK
INDEX
MINUTES OF REGULAR MEETING
September 9, 1997
ITEM SUBJECT LEGISLATION
NO. 'a
1. WAIVE REQUIREMENTS OF CODE SECTION M 97-562
2-33 LIMITING NUMBER OF POCKET ITEMS 9/9/97
PER MEETING.
2. EMERGENCY ORDINANCE: ' ESTABLISH
ORDINANCE
SPECIAL REVENUE FUND ENTITLED
11537
WYNWOOD / HIDTA COMMUNITY
9/9/97
EMPOWERMENT ANTI —NARCOTICS
INITIATIVE -- APPROPRIATE $155,625
GRANT FUNDS FROM MONROE COUNTY
SHERIFF'S OFFICE.
3. APPROVE ORANGE BOWL COMMITTEE
R 97-563
REQUESTS FOR KING ORANGE BOWL
9/9/97
JAMBOREE PARADE TO BE HELD 12/31/97 --
PROVIDE FOR STREET CLOSURES -- WAIVE
FEE FOR USE OF PUBLIC RIGHT—OF—WAY --
ESTABLISH AREA PROHIBITED TO RETAIL
PEDDLERS.
4. APPROVE BAYFRONT PARK MANAGEMENT
R 97-564
TRUST OPERATIONS AND MAINTENANCE
9/9/97
BUDGET FOR 1997-1998.
5. GRANT REQUEST FROM BAME (BETHEL
A.M.E. CHURCH) DEVELOPMENT
CORPORATION OF SOUTH FLORIDA, INC. --
FOR BUILDING PERMIT PRIOR TO PLAT
RECORDATION OF PROPERTY AT N.W. 8
STREET BETWEEN-5 AND 6 AVENUES (NEW
HOPE OVERTOWN PROJECT IN
OVERTOWN).
6. EMERGENCY ORDINANCE: AMEND
SECTIONS 2-882, 2-884(A) OF CHAPTER 2
AND 14-52, 14-53 AND 14-55 OF CHAPTER 14
OF CODE REGARDING COMPOSITION /
QUALIFICATIONS / APPOINTMENT / TERM
FOR OFFICE OF MEMBER OF DOWNTOWN
DEVELOPMENT AUTHORITY (DDA) BOARD.
R 97-565
9/9/97
ORDINANCE
11538
9/9/97
PAGE
NO.
1-3
3-5
5-6
6-7
8-10
10-13
- •__z_R__
7.
EMERGENCY ORDINANCE: AMEND
ORDINANCE
13-15
SECTION 42-8 OF CODE:- SPECIAL
11539
DEPARTMENTAL SERVICES FEES --
9/9/97
ESTABLISH LOWER INSPECTION FEES FOR
INSPECTIONS OF ANTIQUE DEALERS BY
THE PAWN SHOP DETAIL.
8.
AUTHORIZE INTERNATIONAL TRADE BOARD
R 97-566
15-16
TO DISBURSE PRIVATE SECTOR
9/9/97
DONATIONS ($64,000) RECEIVED FOR
HEMISPHERIC HEALTH MINISTERS
CONFERENCE -- ALLOCATE $7,000 FOR
PROFESSIONAL SERVICE AGREEMENT
WITH MAGGIE LEYES AS MARKETING
CONSULTANT.
9.
EMERGENCY ORDINANCE: ESTABLISH
ORDINANCE
17-18
SPECIAL REVENUE FUND: PROBLEM
11540
SOLVING PARTNERSHIPS GRANT
9/9/97
PROGRAM -- FROM $56,388 GRANT FROM
U.S. DEPARTMENT OF JUSTICE.
10.
DISCUSS USE OF COMMISSIONERS'
DISCUSSION
19
OFFICES AT RIVERSIDE CENTER.
9/9/97
11.
AMEND R 97-536 ADOPTED JULY 24, 1997 --
R 97-567
20-21
CHANGE APPOINTMENT TO
9/9/97
BROWNSFILEDS PROJECT SELECTION
COMMITTEE FOR ENGINEER FIRM TO DO
ENVIORNMENTAL CLEANUP.
12.
PROCLAMATION / PRESENTATIONS.
DISCUSSION
21
9/9/97
12.1.
APPROVE MINUTES
DISCUSSION
21-22
9/9/97
13.
(A) COMMENTS BY COMMISSIONER
DISCUSSION
22-25
ATHALIE RANGE REGARDING FUNDS FOR
9/9/97
ALTERNATIVE PROGRAMS -- SEE LABEL 15.
(13 GENERAL COMMENTS RE CONSENT
AGENDA -- JOSE MARTI PARK -- CRIME IN
PARKS -- PROPOSED TO HAVE POLICE
OFFICERS LIVE IN TRAILERS IN CITY
PARKS.
14.
PRESENTATIONS: PRESENT KEY TO THE
DISCUSSION
25-26
CITY OF MIAMI TO MAYOR OF BENIDOR,
9/9/97
VICENT PEREZ DE MESA.
15.
CONSENT AGENDA.
DISCUSSION
26-29
9/9/97
0
0
15.1
ACCEPT BID: PROFESSIONAL WELDING,
R 97-568 29
INC. -- FOR FURNISHING / INSTALLATION OF
9/9/97
TUBULAR STEEL PICKET FENCE & GATES
AT JOSE MARTI PARK -- FOR PARKS AND
RECREATION -- ALLOCATE FUNDS $37,200
FROM CDBG ACCT. CODE 589301-860 AND
CIP PROJECT 331385.
15.2
ACCEPT BIDS: EMELY LAWN SERVICE AND
R 97-569 30
J.R. ALVAREZ LAND CLEARING -- FOR
9/9/97
GROUNDS MAINTENANCE SERVICES TO
CITY PARKS & FACILITIES -- FOR PARKS
AND RECREATION -- ALLOCATE FUNDS
$63,432, ACCT. CODE 00 1000. 580302.6.340.
15.3
ACCEPT BIDS: BENDEL CORPORATION /
R 97-570 30
MR. CLEAN RELIABLE SERVICE, INC. /
9/9/97
NEWAY SYSTEMS, INC. -- FOR CLEANING
SERVICES AT MARINAS -- ALLOCATE
FUNDS $21,962.16 FROM PUBLIC FACILITIES
ACCT. CODE413000.350505.6.340.
15.4
ACCEPT BIDS: SONY LEO PLUMBING /
R 97-571 31
AMERADRAIN PLUMBING CORP / M.R.B.
9/9/97
PLUMBING, INC. -- FOR PLUMBING
MAINTENANCE SERVICES -- AS NEEDED --
ALLOCATE FUNDS $86,015 FROM VARIOUS
USER DEPARTMENTS.
15.5
ACCEPT TWO GRANTS FROM FLORIDA
R 97-572 31
DEPARTMENT OF ENVIRONMENTAL
9/9/97
PROTECTION AND METROPOLITAN DADE
COUNTY FOR DEVELOPMENT OF
WHEELCHAIR ACCESSIBLE TRAIL AT
SIMPSON PARK.
15.6
ALLOCATE $19,600. FROM COMMUNITY
R 97-573 32
DEVELOPMENT BLOCK GRANT FUNDS
9/9/97
PROJECT 799602 -- FOR REHABILITATION
OF DOWNTOWN BUSINESSES UNDER
COMMERCIAL FACADE PROGRAM.
15.7
ALLOCATE $7,000. FROM COMMUNITY
R 97-574 32
DEVELOPMENT BLOCK GRANT FUNDS
9/9/97
PROJECT 799613 -- FOR REHABILITATION
OF BUSINESS IN EDISON/LITTLE RIVER
TARGET AREA UNDER COMMERCIAL CODE
COMPLIANCE PROGRAM.
15.8
ALLOCATE $14,593 FROM LAW
R 97-575 33
ENFORCEMENT TRUST FUND PROJECT
9/9/97
690003 -- FOR POLICE ACCREDITATION BY
COMMISSION ON ACCREDITATION FOR
LAW ENFORCEMENT AGENCIES, INC
(CALEA) AND STATE OF FLORIDA.
i
0
15.9
FUND LITTLE HAITI CRIME PREVENTION
R 97-576
SUB -COUNCIL -- ALLOCATE FUNDS $4,5000.
9/9/97
FROM LAW ENFORCEMENT TRUST FUNDS
PROJECT 690001.
15.10
FUND DADE-MIAMI CRIMINAL JUSTICE
R 97-577
COUNCIL -- ALLOCATE FUNDS $35,000
9/9/97
FROM LAW ENFORCEMENT TRUST FUND
PROJECT 690003.
15.11
FUND CITIZENS ON PATROL VOLUNTEER
R 97-578
PROGRAM -- ALLOCATE FUNDS $50,000.
9/9/97
FROM LAW ENFORCEMENT TRUST FUND
PROJECT 690003.
15.12
FUND POLICE ATHLETIC LEAGUE
R 97-579
PROGRAM -- ALLOCATE $90,000 FROM LAW
9/9/97
ENFORCEMENT TRUST FUND PROJECT
690003.
15.13
INCREASE FUNDS FOR ALTERNATIVE
R 97-580
PROGRAMS, INC. -- ALLOCATE FUNDS
9/9/97
$75,000 FROM LAW ENFORCEMENT TRUST
FUNDS PROJECT 690002.
15.14
ACCEPT BIDS: TROPHY WORLD, INC. AND
R 97-581
AWARDS, INC. -- FOR TROPHIES /
9/9/97
PLAQUES -- ALLOCATE FUNDS $7,000
FROM POLICE GENERAL BUDGET CODE
001000.290201.6. 270.
15.15
EXECUTE SPONSORSHIP AGREEMENT
R 97-582
WITH HEAD USA -- FOR MOORE PARK
9/9/97
TENNIS PROGRAM -- FOR PARKS AND
RECREATION.
15.16
AMEND SECTION 2 OF R 97-394 -- FOR BIDS
R 97-583
FOR PAINT AND PAINT SUPPLIES TO CITY
9/9/97
DEPARTMENTS -- DELETE SHERWIN
WILLIAMS FOR CONTRACT DEFAULT --
ACCEPT BID OF O-GEE PAINT COMPANY.
15.17
CONFIRM ELECTION OF INDIVIDUALS TO
R 97-584
SERVE AS MEMBERS OF OVERTOWN
9/9/97
ADVISORY BOARD.
16. RATIFY / APPROVE / CONFIRM SOLE R 97-585
SOURCE FINDING -- WAIVE SEALED BID 9/9/97
PROCEDURES -- APPROVE ACQUISITION OF
COMPUTER SOFTWARE MAINTENANCE
AND SUPPORT SERVICES FROM
ATTACHMATE -- ALLOCATE FUNDS $29,000.
FROM ACCT. 001000.261301.6.670.
33
33-34
34
34
34
35
35
36
Ec1141CN
•
0
17.
RATIFY / APPROVE / CONFIRM SOLE
R 97-586
SOURCE FINDING -- WAIVE SEALED BID
9/9/97
PROCEDURES -- APPROVE ACQUISITION
FROM PHYSIO CONTROL CORPORATION
FOR LIFEPAK DIAGNOSTIC CARDIAC
MONITORS AND DEFIBRILLATORS
PACEMAKERS FOR FIRE -RESCUE
DEPARTMENT -- ALLOCATE FUNDS
$105,075. FROM DADE COUNTY EMS GRANT
PROJECT 104011.
18.
RATIFY / APPROVE / CONFIRM SOLE
R 97-587
SOURCE FINDING -- WAIVE SEALED BID
9/9/97
PROCEDURES -- APPROVE ACQUISITION
FROM MOTOROLA, INC. FOR FIRE STATION
ALERT SYSTEMS -- FOR FIRE -RESCUE
DEPARTMENT -- ALLOCATE $75,617 FROM
DADE COUNTY EMS GRANT PROJECT
104011.
19.
(A) RATIFY / APPROVE / CONFIRM SOLE
R 97-588
SOURCE FINDING -- WAIVE SEALED BID
9/9/97
PROCEDURES -- INCREASE BILL GIVENS
AND ASSOCIATES CONTRACT FOR POLICE
PARKING GARAGE STRUCTURAL
REPAIRS -- ALLOCATE FUNDS $4,500 FROM
CIP PROJECT 312015.
(B) COMMENTS RECOGNIZING FINE WORK
OF POLICE DEPARTMENT.
(C) COMMENTS RECOGNIZING
OUTSTANDING CONTRIBUTION OF CITY
UNIONS IN SAVE THE CITY CAMPAIGN.
20.
PERSONAL APPEARANCE: GRANT IVAN
R 97-589
FERNANDEZ' (COCONUT GROVE CHAMBER
9/9/97
OF COMMERCE) REQUEST FOR NOISE
ORDINANCE WAIVER FOR HALLOWEEN
EVENT AT PEACOCK PARK.
21.
(A) PERSONAL APPEARANCE: GRANT IVAN
R 97-590
FERNANDEZ' (COCONUT GROVE CHAMBER
9/9/97
OF COMMERCE) REQUEST FOR WAIVER OF
SPECIAL EVENT APPLICATION FOR STREET
CLOSING FOR SLOPPY JOE'S RESTAURANT
OPENING, SUBJECT TO COCONUT GROVE
STANDING FESTIVAL COMMITTEE
APPROVAL.
(B) DISCUSS FREQUENCY AND
NOTIFICATION OF MEETINGS OF COCONUT
GROVE STANDING FESTIVAL COMMITTEE.
22. PERSONAL APPEARANCE: GRANT RINGO R 97-591
CAYARD'S REQUEST FOR FUNDING 9/9/97
REALLOCATION TO HAITIAN AMERICAN
FOUNDATION, INC. (HAFI) FROM CDBG
FUNDS -- SEE LABEL 27.
38-39
39-40
41-44
44-46
46-50
51-54
0
•
23.
(A) DISCUSS / TABLE TO LATER IN MEETING
DISCUSSION
54-60
PERSONAL APPEARANCE: LUCIA
9/9/97
DOUGHERTY REQUESTING ISSUANCE OF
REVOCABLE PERMIT FOR VALET PARKING
AT MAYFAIR -- SEE LABEL 56.
(B) BRIEF DISCUSSION REGARDING AFRO-
AMERICAN REPRESENTATION ON
COCONUT GROVE PARKING ADVISORY
BOARD.
(C) COMMISSIONER PLUMMER COMMENTS
ON RIGHT OF PUBLIC TO SIT ON OUTDOOR
SIDEWALK CAFE TABLES / CHAIRS.
24.
DENY REQUEST FOR FEE WAIVER FOR USE
M 97-592
60-61
OF MANUEL ARTIME CENTER BY
9/9/97
DOMINICAN PROFESSIONAL
ASSOCIATION -- FURTHER INSTRUCT CITY
MANAGER NOT TO PLACE ON AGENDA
REQUESTS FOR FEE WAIVERS.
25.
PERSONAL APPEARANCE: GRANT FRANK
R 97-593
61-67
BALZEBRE'S REQUEST TO HAVE COCONUT
9/9/97
GROVE VILLAGE COUNCIL ELECTIONS
CONCURRENT WITH CITY'S GENERAL
ELECTION ON NOVEMBER 4, 1997.
26.
PERSONAL APPEARANCE: GRANT POLA
R 97-594
67-71
REYDBURD REQUEST FOR
9/9/97
SUBORDINATION OF TWO LOANS OF
BAKEHOUSE ART COMPLEX.
27.
GRANT FUNDING REALLOCATION TO
M 97-595
72-73
HAITIAN AMERICAN FOUNDATION (HAFT)
9/9/97
RETROACTIVELY -- SEE LABEL 22.
28.
EMERGENCY ORDINANCE: AMEND
ORDINANCE
74-75
SECTION II AND V OF ORDINANCE 11337 --
11541
REVISE PREVIOUSLY APPROVED CAPITAL
9/9/97
IMPROVEMENT PROJECTS 1996-1997.
29.
EMERGENCY ORDINANCE: AMEND
ORDINANCE
75-76
ORDINANCE 10021 -- INCREASE
11542
APPROPRIATIONS FOR LAW
9/9/97
ENFORCEMENT TRUST FUND DUE TO
POLICE FORFEITURE ACTIONS.
30.
FIRST READING ORDINANCE: AMEND
ORDINANCE
76-80
SECTION 40-250 OF CODE: RIGHT OF
FIRST
CERTAIN PERSON TO REJECT
READING
MEMBERSHIP AS IT RELATES TO CITY OF
9/9/97
MIAMI GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT
TRUST (GESE TRUST) -- FURTHER ALLOW
CITY MANAGER OPTION TO PARTICIPATE IN
PUBLIC TRUST FUND.
31.
APPROVE UTILITY AUDITING SERVICES
R 97-596
78-80
FROM TELECOM SERVICES LIMITED (TSL).
9/9/97
P-j
0
32. APPROVE FURNISHING OF R 97-597
TELECOMMUNICATIONS AUDITING 9/9/97
SERVICES FROM TELECOM SERVICES
LIMITED (TSL) -- AUTHORIZE CITY MANAGER
TO EXECUTE CONTRACT FOR SERVICES.
33. A. APPOINT VICE MAYOR REGALADO AND R.97-598
COMMISSIONER GIBSON TO DADE COUNTY 9/9/97
VISITOR INDUSTRY VOLUNTARY
EDUCATIONAL SERVICE TRAINING TRUST
(VESTT) -- SEE LABEL 42.
B. BRIEF DISCUSSION REGARDING NEED
TO TRAIN HOTEL INDUSTRY PERSONNEL.
34. APPROVE PROVISIONS TO HOLD R 97-599
NONPARTISAN PRIMARY ELECTION ON 9/9/97
NOVEMBER 4, 1997 FOR EXECUTIVE
MAYOR AND DISTRICT COMMISSIONERS --
FURTHER CALLING FOR GENERAL
ELECTION (RUNOFF) TO BE HELD
NOVEMBER 13, 1997.
35.
ACCEPT CITY CLERK'S CERTIFICATION AND
R 97-600
DECLARATION OF RESULTS OF
9/9/97
SEPTEMBER 4, 1997 SPECIAL ELECTION:
SHALL CITY OF MIAMI RETAIN ITS
EXISTENCE AND NOT BE ABOLISHED
(QUESTION APPROVED).
36.
ACCEPT CITY CLERK'S CERTIFICATION AND
R 97-601
DECLARATION OF RESULTS OF
9/9/97
SEPTEMBER 4, 1997 SPECIAL ELECTION:
PROVIDE FOR FIVE DISTRICT
COMMISSIONERS AND NONVOTING
EXECUTIVE MAYOR (QUESTION
APPROVED).
37.
DIRECT CITY MANAGER TO PAY MUNICIPAL
R 97-602
CODE CORPORATION -- FOR
9/9/97
PROFESSIONAL SERVICES FOR PRINTING /
CODIFYING SUPPLEMENT NO. 1 OF CODE --
ALLOCATE FUNDS $6,118.75 FROM SPECIAL
PROGRAMS AND ACCOUNTS CODE 921102-
270.
38.
AMEND SECTION 2 OF R 97-407 -- RESTORE
R 97-603
10% FUNDING TO ECONOMIC
9/9/97
DEVELOPMENT COMMUNITY BASED
ORGANIZATIONS -- FURTHER IDENTIFY
$100,000 FROM 22 YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT
CONTINGENCY FUNDS FOR MODEL CITY
AND WYNWOOD.
80-81
81-84
84-86
87
:::•
89-91
91-95
0 1 •
39. PRESENTATIONS: DISCUSSION
1. COMMENDATION TO MILTON SALAZAR 9/9/97
FOR HEROICALLY SAVING TRUCK DRIVER
FROM TRUCK ACCIDENT WHERE TRUCK
CAUGHT FIRE AUGUST 6, 1997.
2. PROCLAMATION: LIBERATED LAMARQUE
DAY (ARGENTINIAN ACTRESS).
3. COMMENDATION: MARIA MARTA
SERRALIMAAS OUTSTANDING SINGER.
40. RATIFY / APPROVE / CONFIRM WAIVER OF R 97-604
COMPETITIVE BIDS -- FOR PROCUREMENT 9/9/97
OF CONSTRUCTION / RENOVATION OF
COMPUTER SERVICES BY UNISYS
CORPORATION FOR MIAMI RIVERSIDE
CENTER -- AUTHORIZE INCREASE IN
PAYMENT OF $37,000.
41. APPROVE PURCHASE OF MOBILE DIGITAL R 97-605
COMPUTERS RELATED TO EQUIPMENT AND 9/9/97
SERVICES FROM UNISYS CORPORATION --
FOR POLICE -- ALLOCATE FUNDS $24,910.02
FROM OPERATION CARS GRANT ACCT.
CODE 110063.290478.6.840.
42.
(A) AUTHORIZE EXECUTION OF
R 97-606
INTERLOCAL AGREEMENT WITH DADE
M 97-606.1
COUNTY AND MIAMI BEACH -- FOR
9/9/97
VISITORS INDUSTRY VOLUNTARY
EDUCATIONAL SERVICE TRAINING TRUST
(VESTT) -- FOR TRAINING OF VISITOR
INDUSTRY PERSONNEL -- ALLOCATE
FUNDS $29,480 FROM ACCT. CODE 921002-
340.
(B) REAFFIRM APPOINTMENTS OF VICE
MAYOR REGALADO AND COMMISSIONER
GIBSON TO VESTT BOARD -- SEE LABEL 33.
43.
AUTHORIZE TRANSFER OF FUNDS
R 97-607
($230,000) FROM ST. HUGH OAKS
9/9/97
CONDOMINIUM PROJECT FOR YOUTH
CONSTRUCTION PROGRAM.
44.
APPROVE $250,000 ALLOCATION FROM
R 97-608
COMMUNITY DEVELOPMENT BLOCK GRANT
9/9/97
FUNDS PROJECT 780800 -- FOR INTERIM
ASSISTANCE NEIGHBORHOOD CLEANUP
EMERGENCY CAMPAIGN.
45.
DEFER CONSIDERATION OF PROPOSED
DISCUSSION
AGREEMENT WITH ALLAPATTAH BUSINESS
9/9/97
DEVELOPMENT AUTHORITY FOR $75,000
FOR MARKET STUDY AND
IMPLEMENTATION OF SAME ON TRAFFIC /
PARKING / ACCESS / ILLEGAL DUMPING
AFFECTING PRODUCE BUSINESS DISTRICT
IN ALLAPATTAH.
95
99-100
101-102
102-103
103-105
46. (A) APPROVE ASSIGNMENTS OF 1995 AND
R 97-609
1996 HOUSING OPPORTUNITIES FOR
M 97-610
PERSONS WITH AIDS PROGRAM GRANT
9/9/97
CONTRACTS BETWEEN CITY / CHRISTIAN
COMMUNITY SERVICE AGENCY / METRO
DADE COUNTY HOUSING AGENCY --
ALLOCATE FUNDS $ 1,745,000. ACCT. CODE
194003.590603.6860.94654 & $1,924,834,
ACCT. CODE 194004.590604.6860.94654 --
SEE LABEL 72.
(B) APPOINT WILLIE DUCKWORTH AND
BARBARA WILSON TO HOPWA BOARD.
47. AUTHORIZE / DIRECT CITY MANAGER TO
R 97-611
PROCESS FEMA PAYMENT TO INDIVIDUALS
9/9/97
ASSOCIATED WITH ACTIVATION OF URBAN
RESEARCH AND RESCUE TEAM (USAR
TEAM) DEPLOYED TO PUERTO RICO.
48. RATIFY / APPROVE / CONFIRM CITY
R 97-612
MANAGER EMERGENCY FINDING -- WAIVE
9/9/97
COMPETITIVE BIDS -- APPROVE
ACQUISITION FROM VENDORS OF
EQUIPMENT AND SUPPLIES -- FOR URBAN
RESEARCH AND RESCUE TEAM DEPLOYED
TO PUERTO RICO -- ALLOCATE FUNDS
$150,000 FROM ACCT. CODE 280601.840.
49. APPROVE ALLOCATION INCREASE FOR R 97-613
TIRES AND TUBES FOR CITY VEHICLES -- 9/9/97
ALLOCATE FUNDS TOTALLING $492,747.49
FROM GSA ACCT CODE 509000.420901.6.721
AND FLLET SERVICE CENTER ACCT CODE
5030001.291301.6.721.
50. PRESENTATIONS (CONTINUED).
105-109
109-111
112-115
DISCUSSION 116
9/9/97
51. ACCEPT BID: ROYCE PARKING CONTROL R 97-614
SYSTEMS, INC -- FOR BARRIER GATES AT 9/9/97
MIAMI RIVERSIDE CENTER PARKING
GARAGE -- ALLOCATE FUNDS $6,200.00 -
ACCT. CODE 001000.311401.6.670.
52. RATIFY / APPROVE / CONFIRM R 97-615
EMERGENCY FINDINGS -- WAIVE 9/9/97
COMPETITIVE BIDS -- APPROVE PURCHASE
OF TELEPHONE TRANSLATION SERVICE
FROM AT & T -- FOR POLICE AND FIRE
RESCUE -- ALLOCATE FUNDS $56,670
FROM E911 BUDGET ACCT. CODE
196002.290461.6. 340.
116-118
118-119
53. AMEND SECTION 5 OF R86-665 -- R 97-616
AUTHORIZE ADDITIONAL FUNDING 9/9/97
ALLOCATION FROM LAW ENFORCEMENT
TRUST FUND TO CONTINUE FORFEITURE
FUND DETAIL -- ALLOCATE $430,000 FROM
LETF FUND PROJECT 690003.
54. AUTHORIZE ALLOCATION FROM LAW R 97-617
ENFORCEMENT TRUST FUND TO 9/9/97
REIMBURSE GENERAL FUND IN POLICE FOR ADMINISTRATIVE COST OF SEIZURES /
FORFEITURES -- ALLOCATE FUNDS
$1,808,024. FROM LETF PROJECT 690003.
55. A. RATIFY / APPROVE / CONFIRM / M 97-618
EMERGENCY FINDINGS -- WAIVE R 97-619
COMPETITIVE BIDS -- APPROVE 9/9/97
EMERGENCY PURCHASE OF UNIFORMS
AND LEATHER GOODS FROM MARTIN'S
LAMAR UNIFORMS -- FOR POLICE --
ALLOCATE FUNDS $50,000 FROM ACCT
CODE 001000.290201.6.075
B. DISCUSS / DEFER CONSIDERATION OF
AGENDA ITEM 39 (ACCEPT BID OF MARTIN'S
LAMAR UNIFORMS FOR POLICE UNIFORM
ACCESSORIES AND AGENDA ITEM 40
(ACCEPT BID OF MARTIN'S LAMAR
UNIFORMS FOR UNIFORMS FOR POLICE)
TO NEXT CITY COMMISSION MEETING.
119-121
122-123
123-140
56. CONTINUED / EMERGENCY ORDINANCE: ORDINANCE 140-142
AUTHORIZE VALET PARKING IN COCONUT 11543
GROVE WITH CONDITIONS SET FORTH IN 9/9/97
ARTICLOE VII OF CHAPTER 35 OF CODE --
SEE LABEL 23.
57. AUTHORIZE SETTLEMENT: MATTHEW R 97-620 142-146
RIGGINS ($65,000) ---CIRCUIT COURT CASE 9/9/97
96-21636 CA (20).
58. CONTINUE ENGAGEMENT OF LAW FIRM OF R 97-621 146-147
DAVIS, SCOTT, WEBER & EDWARDS IN 9/9/97
REFERENCE TO FLORIDA PANTHERS
HOCKEY CLUB, LTD., ET AL. VS. MIAMI
SPORTS AND EXHIBITIONS AUTHORITY AND
CITY OF MIAMI -- UNITED STATES DISTRICT
COURT CASE 96-2168-CIV-FERGUSON --
ALLOCATE FUNDS $20,000 ACCT. CODE
620103-661.
59. BRIEFLY DISCUSS / TABLE TO LATER IN DISCUSSION 148
MEETING CONSIDERATION OF AGENDA 9/9/97
ITEM 44 (ENGAGEMENT OF DAVIS, SCOTT,
WEBER, EDWARDS LAW FIRM) -- SEE LABEL
73.
0
0
60.
(A) APPROVE CONTINUED ENGAGEMENT
R 97-622 148-154
OF LAW FIRM OF WEISS, SEROTA &
9/9/97
HELFMAN, P.A. -- FOR LEGAL SERVICES
CONCERNING ALBERTO ALBERTO ET AL
V.S. CITY, CASE 96-1051-CIV-DAVIS --
ALOCATE FUNDS $25,000. ACCT CODE
620103-661.
(B) DISCUSSION REGARDING UPDATE ON
PENSION LAWSUITS.
61.
(A) APPROVE CONTINUED ENGAGEMENT
R 97-623 154-159
OF WEISS, SEROTA & HELFMAN LAW
9/9/97
FIRM -- TO SERVE AS COUNSEL TO CITY IN
CONNECTION WITH PERSONNEL MATTERS
IN COMMUNITY DEVELOPMENT --
ALLOCATE FUNDS $35,000 ACCT. CODE
620103-661.
(B) COMMENTS FROM CITY ATTORNEY
REGARDING RECENT LAWSUIT FILED IN
FEDERAL COURT ALLEGING EMPLOYER
VIOLATIONS OF CIVIL RIGHTS ACT AND
TITLE VII.
62.
(A) RATIFY / APPROVE / CONFIRM
R 97-624 159-163
EMERGENCY ACTION FOR ENGAGEMENT
9/9/97
OF PROFESSIONAL SERVICES
APPRAISERS -- TO APPRAISE GROVE
HARBOUR MARINA AND CARIBBEAN
MARKETPLACE PROPOSAL -- TO
DETERMINE IF IT OFFERS FAIR MARKET
RETURN TO CITY -- ALLOCATE FUNDS $
17,995 FROM ACCT. 660101-220.
(B) COMMISSION DISCUSSES ISSUE OF
POSSIBLE PADLOCKS AT DINNER KEY
BOATYARD PROPERTY.
63.
BRIEF DISCUSSION REGARDING
DISCUSSION 164-165
WITHDRAWAL OF AGENDA ITEM 48
9/9/97
(SPECIAL MUNICIPAL ELECTION FOR
NOVEMBER 4, 1997, FOR SALE OF
PROPERTY AT 1155 N.W. 11 STREET).
64.
ACCEPT BID: AUGUST CONSTRUCTION
R 97-625 166
COMPANY -- FOR RIVERVIEW PUMP
9/9/97
STATION RENOVATION, B5625 -- ALLOCATE
FUNDS $475,780 FROM CIP PROJECT
352240.
65.
RATIFY/ APPROVE/ CONFIRM EMERGENCY
R 97-626 167-168
FINDINGS -- WAIVE COMPETITIVE BIDS --
9/9/97
APPROVE REPAIRS AND RENOVATIONS TO
ORANGE BOWL BY FLORIDA LEMARK
CORPORATION AND VENECON, INC. --
ALLOCATE FUNDS $33,117 FROM CIP
PROJECT 404240.
•
Ll
66.
(A) ACCEPT BID: CONE CONSTRUCTION,
R 97-627 169-194
INC -- FOR DINNER KEY BOATYARD MARINA
M 97-628
DOCKS, H-1088 -- ALLOCATE FUNDS
M 97-629
$2,663,265 FROM CIP PROJECTS 418001
9/9/97
AND 419406.
(B) COMMENTS REGARDING POSSIBLE
MISUSE OF FEMA FUNDS.
(C) COMMENTS REGARDING NEED TO
RESEARCH ENFORCEMENT TO STOP
STOLEN MERCHANDISE ON SHOPPING
CARTS.
(D) RECONSIDER R97-627 (BID
ACCEPTANCE OF CONE CONSTRUCTION,
INC FOR DINNER KEY BOATYARD - MARINA
DOCKS).
(E) INSTRUCT ADMINISTRATION TO
ADVERTISE / SCHEDULE PUBLIC HEARING
FOR SEPTEMBER 23, 1997 -- FOR WAIVER
OF CONFLICT OF INTEREST PROHIBITION
CONTAINED IN CODE SECTION 2-612 FOR
CONTRACT FOR DINNER KEY BOATYARD -
MARINA DOCKS PROJECT.
67.
DISCUSS / DEFER CONSIDERATION OF
DISCUSSION 194-195
AGENDA ITEM 53 ( COMMISSION
9/9/97
DISCUSSION CONCERNING ORDINANCE
DELAING WITH CHAIN LINK FENCES ON
BISCAYNE BLVD.).
68.
COMMISSION DISCUSSION REGARDING
DISCUSSION 195-200
PURCHASING PRACTICES OF CITY AND
9/9/97
NEED TO BE MORE BUSINESS FRIENDLY.
69.
COMMISSION DISCUSSION REGARDING
DISCUSSION 200-202
TRASH AND GARBAGE REMOVAL
9/9/97
SCHEDULES AND SERVICES IN CITY --
FURTHER DISCUSS NEED TO PUBLICIZE
RELATED INFORMATION.
70.
(A) REAFFIRM CITY'S POSITION TO
R 97-630
RECOGNIZE CRITICAL NEED FOR HOUSING
R 97-631
FOR LOW INCOME PERSONS WITH HIV /
R 97-632
AIDS -- FURTHER DIRECT CITY MANAGER
9/9/97
TO EXPEDITE DELIVERY OF HOPWA
ASSISTANCE.
((B) APPROVE FUNDING ALLOCATION OF
$1,215,478 FROM HOUSING OPPORTUNITIES
FOR PERSONS WITH AIDS (HOPWA)
PROGRAM GRANT FUNDS TO
METROPOLITAN DADE COUNTY HUMAN
RESOURCES DEPARTMENT OFFICE OF
COMMUNITY SERVICES (OCS) -- FOR
SHORT TERM HOUSING ASSISTANCE TO
LOW INCOME PERSONS WITH AIDS.
(C) APPOINT GENE SUAREZ / FRANKLIN
ZAVALA-VELEZ / FRANK CASTANEDA /
MARY FRANCES WELDON TO HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS
(HOPWA) ADVISORY BOARD.
71.
DISCUSSION REGARDING PROPOSED SALE
DISCUSSION
OF PORTION OF FEC PROPERTY TO
9/9/97
METRO-DADE COUNTY.
72.
APPROVE CONTINUING ENGAGEMENT OF
R 97-633
LAW FIRM OF DAVIS, SCOTT, WEBER &
9/9/97
EDWARDS -- FOR COUNSEL TO CITY FOR
DECOMA MIAMI ASSOCIATED, LTD. VS. CITY
AND MIAMI SPORTS AND EXHIBITION
AUTHORITY, CASE 96-12055 CA 02 --
ALLOCATE FUNDS $35,000 ACCT. CODE
620103-661 -- SEE LABEL 59.
73.
FIRST PUBLIC HEARING: FY'98 TENTATIVE
ORDINANCE
BUDGET -- PROPOSED FIRST READING
FIRST
ORDINANCE: DEFINE / DESIGNATE
READING
TERRITORIAL LIMITS FOR CITY FOR
9/9/97
TAXATION PURPOSES -- FIX MILLAGE RATE
FISCAL YEAR 1997-1998 -- PERCENTAGE
INCREASE IN MILLAGE OVER ROLLED BACK
RATE (3.34%).
74.
PROPOSED FIRST READING ORDINANCE:
ORDINANCE
ESTABLISH TENTATIVE APPROPRIATIONS
FIRST
FOR FISCAL YEAR ENDING SEPTEMBER,
READING
1998.
9/9/97
75.
PROPOSED FIRST READING ORDINANCE:
ORDINANCE
ESTABLISH TERRITORIAL LIMITS OF
FIRST
DOWNTOWN DEVELOPMENT AUTHORITY
READING
(DDA) TAX DISTRICT -- FURTHER SET
9/9/97
MILLAGE AT FIVE TENTHS AND LEVYING
TAXES FOR FISCAL YEAR BEGINNING
OCTOBER 1, 1997AND ENDING SEPTEMBER
30, 1998.
203-208
208-210
210-211
211-226
226-227
227-230
0
0
76. PROPOSED FIRST READING ORDINANCE:
ORDINANCE 230-231
MAKE APPROPRIATIONS FOR FISCAL YEAR
FIRST
BEGINNING OCTOBER 1, 1997 AND ENDING
READING
SEPTEMBER 30, 1998 FOR DOWNTOWN
9/9/97
DEVELOPMENT AUTHORITY (DDA).
77. DIRECT ADMINISTRATION TO DISTRIBUTE
ORDINANCE 231-232
TO COMMISSIONERS STATUS LETTER IN
FIRST
CONNECTION WITH NEGOTIATIONS WITH
READING
FUSION SOCCER TEAM.
9/9/97
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 9th day of September, 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 9.04 a.m. by Mayor Joe Carollo with the following
members of the Commission found to be present:
ALSO PRESENT:
ABSENT:
Vice Mayor Tomas Regalado
Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Edward Marquez, City Manager
A. Quinn Jones, III, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
Mayor Joe Carollo
----------------------------------------------------------------------------------------------------------------
1. WAIVE REQUIREMENTS OF CODE SECTION 2-33 LIMITING NUMBER
OF POCKET ITEMS PER MEETING.
------------------- 7--------------------------------------------------------------------------------------------
Vice Mayor Regalado: Mr. City Clerk, it seems that the members of the Commission have a lot
of pocket items. Do you remember what this Commission said in the past?
Commissioner Plummer: Yes. I will repeat it, for you. By four -fifth vote, we can bring up
more than one. I make the motion that we waive the rule predicated on the fact that it has been
six weeks since we have had a Commission meeting,- three meetings, and that would give us a
total of six. So, I move 'at this time that pocket items, including the Manager, be allowed to
extend beyond the normal waive. I so move.
Vice Mayor Regalado: This is why I said that we should have met in others.
Commissioner Plummer: Just this one time, that's all.
Vice Mayor Regalado: All right. No problem with me.
1 September 9, 1997
•
C]
Commissioner Plummer: Just this one time.
Vice Mayor Regalado: OK, there is a motion and a second.
Mr. A. Quinn Jones, Esq. III (City Attorney): Right. Mr. Vice Mayor...
Vice Mayor Regalado: All in favor signify by saying...
Mr. Jones: ... you don't have... You haven't formally opened the meeting yet.
Commissioner Plummer: You got to formally open the meeting.
Vice Mayor Regalado: Yeah, I know that.
Commissioner Plummer: How do you formally open it? With a prayer?
Vice Mayor Regalado: We do.
Unidentified Speaker: Yeah.
Commissioner Plummer: Is that how you formally open it? How do you formally open a
meeting? So, declare this meeting open.
Vice Mayor Regalado: OK, this meeting is opened. If, Commissioner Gibson would do the
invocation please?
NOTE FOR THE RECORD: At this point, an invocation was
delivered by Commissioner Gibson, after which Commissioner
Plummer led those present in a pledge of allegiance to the flag.
Vice Mayor Regalado: OK, in order to waive the one pocket item rule...
Commissioner Plummer: I so move.
Vice Mayor Regalado: ... there is a motion by Commissioner Plummer, second by
Commissioner Gort.
Commissioner Plummer: Willy, this is yours.
Vice Mayor Regalado: All in favor?
The Commission (Collectively): Aye.
2 September 9, 1997
•
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-562
A MOTION BY FOUR/FIFTHS AFFIRMATIVE VOTE OF THE CITY
COMMISSION, WAIVING THE REQUIREMENTS OF ORDINANCE NO. 11532, BY
AMENDING CITY CODE SECTION 2-33 WHICH LIMITS THE NUMBER OF
POCKET ITEMS TO ONE THAT EACH COMMISSIONER AND THE MAYOR
MAY INTRODUCE DURING A COMMISSION MEETING.
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 Thelma V. A. Gibson
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
------------------------------- =------------- 7------------------------------------------------------------------
2. EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND
ENTITLED WYNWOOD / HIDTA COMMUNITY EMPOWERMENT ANTI -
NARCOTICS' INITIATIVE -- APPROPRIATE $155,625 GRANT FUNDS
FROM MONROE COUNTY SHERIFF'S OFFICE.
Commissioner Plummer: Start with the Manager.
Vice Mayor Regalado: We have some proclamations that we will do when the Mayor gets here.
And, of course there is going to be a proclamation at 11:00 a.m. It was done to accommodate a
very important singer that is visiting. As a matter of fact, she lives in Miami, and I am sure that
we will all enjoy that. So, we are going to start with the Manager's pocket item. Mr. City
Manager.
Mr. Edward Marquez (City Manager): The first pocket item is an ordinance establishing the
special revenue fund entitled Wynwood HIDTA Community Empowerment Anti -Narcotic
Initiative and appropriating funds for the operation of the same in the amount of one hundred and
fifteen thousand six hundred and twenty-five thousand ($115,525) consisting of a grant from the
Monroe County Sheriff's Office. Authorizing the City Manager to accept said grant and to
execute the necessary documents in a form acceptable to the City Attorney for the purpose
containing a repealer... for this purpose, containing a repealer provision and a severability clause.
Commissioner Plummer: We all move it and we all second it.
Commissioner Gort: Move it.
3 September 9, 1997
Commissioner Plummer: Mr. Gort moves it.
Vice Mayor Regalado: OK, there is a motion by Commissioner Plummer, second by
Commissioner Gort. Call the roll, Mr. City Clerk.
An Ordinance entitled -
AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL REVENUE
FUND ENTITLED: "WYNWOOD / HIDTA COMMUNITY EMPOWERMENT
ANTI -NARCOTICS INITIATIVE", AND APPROPRIATING FUNDS FOR THE
OPERATION OF SAME IN THE AMOUNT OF $115,625.00, CONSISTING OF
GRANT FROM THE MONROE COUNTY SHERIFF'S OFFICE; AUTHORIZING
THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE THE
NECESSARY DOCUMENTS; IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION
AND 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 Thelma V. A. Gibson
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 Thelma V. A. Gibson
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11537.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: You got another one, Mr. Manager?
Mr. Edward Marquez (City Manager): Is the Fire Chief here?
4 September 9, 1997
L
Unidentified Speaker: He is in the back.
Commissioner Plummer: While you are waiting for him...
Vice Mayor Regalado: Excuse me. Is that a resolution or an emergency ordinance?
Mr. A. Quinn Jones, III, Esq. (City Attorney): This was an ordinance.
Commissioner Plummer: You have to read it.
Vice Mayor Regalado: OK, then we need to proceed with the...
Mr. Walter J. Foeman (City Clerk): Second roll call. Vice Mayor Regalado.
Vice Mayor Regalado: Yes.
Commissioner Plummer: Excuse me, it's not been read. It's got to be read.
Mr. Jones: The Manager read it. Are you...
Vice Mayor Regalado: Yeah, it was read by the City Manager.
Mr. Jones: Excuse me. Are you taking this up as an emergency ordinance or what?
Commissioner Plummer: Yes.
Mr. Jones: OK.
Commissioner Plummer: Second roll call.
----------------------------------------------------------------------------------------------------------------
3. APPROVE ORANGE BOWL COMMITTEE REQUESTS FOR KING
ORANGE BOWL JAMBOREE PARADE TO BE HELD 12/31/97 -- PROVIDE
FOR STREET CLOSURES -- WAIVE FEE FOR USE OF PUBLIC RIGHT-OF-
WAY -- ESTABLISH AREA PROHIBITED TO RETAIL PEDDLERS.
Commissioner Plummer: While you are waiting, a resolution relating to the King Orange Bowl
Parade to be conducted by the Orange Bowl Committee, Inc., committee on December 31, 1997,
providing for the closure of designated streets to the through vehicular traffic and establish a
pedestrian mall subject to the issuance and required permits by the Police Department and other
departments regulating such events waiving the applicable fee for the use of public right-of-way
for said event. Further establishing an area prohibited to retail peddlers during the period of
event, all subject to and contingent upon the committee's compliance with such conditions and
limitation as may be prescribed by the City of Miami including obtaining insurance to protect the
City in an amount and form as prescribed by the City Manager or his designee. I so move.
Vice Mayor Regalado: OK, there is a motion by Commissioner Plummer, second by
Commissioner Gibson. All in favor?
The Commission (Collectively): Aye.
5 September 9, 1997
•
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-563
A RESOLUTION RELATED TO THE KING ORANGE BOWL JAMBOREE PARADE
TO BE CONDUCTED BY THE ORANGE BOWL COMMITTEE, INC.
("COMMITTEE") ON DECEMBER 31, 1997; PROVIDING FOR THE CLOSURE OF
DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC AND
ESTABLISHING A PEDESTRIAN MALL SUBJECT TO THE ISSUANCE OF
REQUIRED PERMITS BY THE POLICE DEPARTMENT AND OTHER
DEPARTMENTS REGULATING SUCH EVENTS; WAIVING THE APPLICABLE
FEE FOR THE USE OF THE PUBLIC RIGHT-OF-WAY FOR SAID EVENT;
FURTHER ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS
DURING THE PERIOD OF THE EVENT, ALL SUBJECT TO AND CONTINGENT
UPON THE COMMITTEE'S COMPLIANCE WITH SUCH CONDITIONS AND
LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI, INCLUDING
OBTAINING INSURANCE TO PROTECT THE CITY IN AN AMOUNT AND FORM
AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
NOTE FOR THE RECORD: Mayor Carollo entered the meeting at
9:10 a.m.
----------------------------------------------------------------------------------------------------------------
4. APPROVE BAYFRONT PARK MANAGEMENT TRUST OPERATIONS AND
MAINTENANCE BUDGET FOR 1997-1998.
Commissioner Plummer: Mr. Manager, you have your other one?
Mr. Edward Marquez (City Manager): It's coming down, sir.
Commissioner Plummer: A resolution with attachment approving the Bayfront Park
Management Trust operation and maintenance budget for fiscal year '97-'98. I so move. All of
you have copies. I so move.
6 September 9, 1997
Vice Mayor Regalado: OK. Mr. Mayor, we are doing pocket items now. And, this
Commission by four fifths vote decided to waive the rule of one pocket item because of the
month vacation. So, we are proceeding with the Manager and the Commissioners pocket items.
Commissioner Plummer: I move the one on Bayfront Park.
Vice Mayor Regalado: OK.
Mayor Carollo: There is a motion for the item on Bayfront Park. Is there a second?
Commissioner Gort: Second.
Vice Mayor Regalado: Second.
Mayor Carollo: Second by Vice Mayor Regalado. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-564
A RESOLUTION WITH ATTACHMENTS APPROVING THE BAYFRONT PARK
MANAGEMENT TRUST OPERATIONS AND MAINTENANCE BUDGETS FOR
FISCAL YEAR 1997-1998.
(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 Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
7 September 9, 1997
0
----------------------------------------------------------------------------------------------------------------
5. GRANT REQUEST FROM BAME (BETHEL A.M.E. CHURCH)
DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC. -- FOR
BUILDING PERMIT PRIOR TO PLAT RECORDATION OF PROPERTY AT
N.W. 8 STREET BETWEEN 5 AND 6 AVENUES (NEW HOPE OVERTOWN
PROJECT IN OVERTOWN).
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Are there any more pocket items that we would like to do?
Commissioner Plummer: Well, there is a lot more, but we could wait. We were just trying to fill
the time.
Mayor Carollo: One per Commissioner.
Commissioner Plummer: No, we waived that rule, Joe.
Vice Mayor Regalado: Yeah, it was waived...
Commissioner Plummer: Because of today. That's only... Just one time.
Commissioner Gibson: I have one, on BAME. Reverend White is with us this morning and they
have an emergency pocket item regarding a block grant that they have for housing on 6th
Avenue, between fifth and 6th Avenue. Between sixth and 8th Street.
Reverend White: Sixth and eighth. Right.
Commissioner Gibson: The land was given to them by the City, but the title of the deeds are not
all clear. And, they want to be able to pull the permits. So, they are asking that we allow them
to do what they did in Broward and have Community Block Grant pull the permits so that they
can get started and they can act as developers, and then after that, give it over to BAME. And,
BAME is Bethel A.M.E. Church, C.D.C. (Community Development Corporation).
Reverend White: That's correct. Right.
Commissioner Plummer: You move it?
Reverend White: The problem, Commissioner and Mr. Mayor, that...
Commissioner Plummer: Do you move it, Thelma?
Commissioner Thelma: I move it.
Commissioner Plummer: Second.
Mayor Carollo: There is a motion, there is a second. Discussion? Mr. White, would you like to
give a presentation?
Commissioner Plummer: No.
Reverend White: No, I...
8 September 9, 1997
•
0-
Mayor Carollo: The administration, would you like to give some input on this?
Commissioner Gibson: The BAME. Bethel A. M. E., C.D.C.
Mr. Jim Kay (Interim Director/Public Works Dept.): Yes. This is a plat that is in progress. The
tentative plat has been approved and there are some problems with the title of the property
regarding the applicant. The applicant doesn't have clear title but, it is expected that they will
get it in' about six months. And, so, we recommend that this be done at this time to move the
project forward.
Commissioner Gibson: So, rather than have them wait six months, we are asking that CDC...
that the CDBG (Community Development Block Grant) grant be... take the title at this point, so
that we can pull the permits.
Mr. Kay: Yes, that's right.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Commissioner Gibson, with one caveat, that the
appropriate agreement be entered into by the organization with the City so that we will be
protected and it will be understood that those impediments will be removed forthwith.
Reverend White: No problem.
Mayor Carollo: Call the roll.
The following resolution was introduced by Commissioner Gibson, who moved its adoption:
RESOLUTION NO. 97-565
A RESOLUTION (Pending the Law Department.)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
9 September 9, 1997
0
0
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 Thelma Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Commissioner Gibson: Thank you.
Mayor Carollo: Thank you, very much. Thank you, Ms. Gibson.
Commissioner Gibson: Thank you.
Reverend White: Thank you, Mr. Mayor and Commissioners. Thank you.
Mayor Carollo: Certainly.
----------------------------------------------------------------------------------------------------------------
6. EMERGENCY ORDINANCE: AMEND SECTIONS 2-882, 2-884(A) OF
CHAPTER 2 AND 14-52, 14-53 AND 14-55 OF CHAPTER 14 OF CODE
REGARDING COMPOSITION / QUALIFICATIONS / APPOINTMENT /
TERM FOR OFFICE OF MEMBER OF DOWNTOWN DEVELOPMENT
AUTHORITY (DDA) BOARD.
Commissioner Plummer: Mr. Mayor, the Manager...
Mayor Carollo: Anything else, we have?
Commissioner Plummer: The Manager has his other one now.
Vice Mayor Regalado: I have one, Mr. Mayor.
Mayor Carollo: OK, Commissioner Gort, you have one and then we go to Vice Mayor
Regalado.
Commissioner Gort: Yes, you all have copy of... The DDA (Downtown Development
Authority). for a long time has been getting together and trying to change some of the ways that
the people are selected for the Downtown... for the DDA Board with confirmation with the City.
This is a request of the change in the ordinance. And, this is an emergency ordinance because
we would like to have a place by the end of this month.
Mayor Carollo: Uh-huh. It's been approved by the DDA Board?
Commissioner Gort: Yes.
10 September 9, 1997
Mayor Carollo: Very good. Is there a motion to that effect, Commissioners?
Commissioner Gort: Move it.
Commissioner Plummer: Second.
Mayor Carollo: There is a motion by Commissioner Gort.
Commissioner Plummer: Mr. Mayor, under discussion.
Mayor Carollo: Second by Commissioner Plummer. Discussion.
Commissioner Plummer: Under discussion. This is the process that we used before. The one
thing that I want to impress upon DDA Board is, that they better never, ever, deny the
Commissioner to make a recommendation for a consideration. That's what blew it apart before.
I understand what they are trying to accomplish and I think what they are trying to accomplish is
very, very good, to get good solid people. But, without the Commissioners themselves who will
have the right to veto and send back, I think that there needs to be a provision, and there is.
Commissioner Gort: There is.
Commissioner Plummer: That Commissioners can recommend and they will give consideration
to that.
Commissioner Gibson: I would like to add to that. I understand that they do not have any
African -Americans on that board and there are some business owners downtown. If you need
the names of them, I will be glad to give you those names so that you could add those, at least
have a Black in business downtown be on that board.
Commissioner Gort: I'd love to have the names.
Mayor Carollo: Commissioner Gibson, could you transmit those names to the executive
director?
Commissioner Gibson: You have, Carole Ann Taylor.
Mayor Carollo: Very good. She is an excellent...
Commissioner Gibson: Carole Ann Taylor, is down there. Linda Rivers has a business down
there.
Commissioner Gort: Mrs. Gibson, I hate to tell you, I named her on that board, but
unfortunately, because she had a conflict on the time that we met and she was not able attend.
Commissioner Gibson: I just wanted it to be on record.
Commissioner Gort: But, I will be more than glad to put it back on.
Commissioner Gibson: I just wanted it to be on the record that we do need a African -American
on that board.
Vice Mayor Regalado: Absolutely. I think, Commissioner Gibson, that this board should mirror
the City of Miami. And, that the board should recognize that and we all understand that they are
11 September 9, 1997
looking for the best people but, I too, like Commissioner Plummer says, in that this Commission
would have the right to present names and also veto those who we think are not good for that
job.
Commissioner Gort: It's stated here, it's got to be approved by the Commission. It has got to be
confirmed by the Commission. We got the final say so.
Mayor Carollo: OK, hearing no further discussion, all in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mr. Walter J. Foeman (City Clerk): It's an ordinance, Mr. Mayor.
Mayor Carollo: It's an ordinance. I am sorry. Read the ordinance, please. Call the roll.
An Ordinance entitled -
AN EMERGENCY ORDINANCE RELATED TO THE DOWNTOWN
DEVELOPMENT AUTHORITY ("DDA"), AMENDING THE CODE OF THE
CITY OF MIAMI, AS AMENDED, TO CHANGE THE PROVISIONS
REGARDING THE COMPOSITION, QUALIFICATIONS, APPOINTMENT, AND
TERM OF OFFICE OF THE MEMBERS OF THE BOARD OF DIRECTORS;
MORE PARTICULARLY BY AMENDING SECTIONS 2-881, 2-884(A), AND 2-
885(A) OF CHAPTER 2, AND SECTIONS 14-52, 14-53 AND 14-55 OF
CHAPTER 14.OF SAID CODE; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE; 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 Thomas V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
12 September 9, 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 Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11538.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
COMMENTS MADE DURING ROLL CALL:
Mayor Carollo: Yes. Is this being proposed, Commissioner, as an emergency ordinance?
Commissioner Gort: Yes, it is.
Mayor Carollo: OK, then we need a second reading.
COMMENTS MADE AFTER ROLL CALL:
Commissioner Plummer: Can I ask a question? Mr. Gort, I am assuming that in November,
when the elections are held and over with, that is when this will come into play, is that to be
assumed?
Vice Mayor Regalado: That right.
Commissioner Plummer: In other words, everyone that's there now, remains until November the
4th? Am, I correct then?
Vice Mayor Regalado: It was my understanding talking to the DDA members, yesterday.
Commissioner Plummer: OK. Thank you.
----------------------------------------------------------------------------------------------------------------
7. EMERGENCY ORDINANCE: AMEND SECTION 42-8 OF CODE: SPECIAL
DEPARTMENTAL SERVICES FEES -- ESTABLISH LOWER INSPECTION
FEES FOR INSPECTIONS OF ANTIQUE DEALERS BY THE PAWN SHOP
DETAIL.
Mayor Carollo: Vice Mayor.
Vice Mayor Regalado: Mr. Mayor, members of the Commission, I have a pocket item. It's
about Ordinance 11425, which addresses antiques dealers and pawn shops in the same manner.
13 September 9, 1997
However, antique dealers differ from pawn shops due to the nature and volume of their business
transactions. Therefore, I propose that we amend Ordinance 11425, to include a lower
inspection fee for secondhand dealers operating as antique dealers. And, the reason for this
ordinance that has been written by the Law Department or to amend this ordinance that has been
written and studied by the Law Department and by the attorney from the Miami Police
Department, is that I have been meeting with a group of antique dealers who believe that they...
because they have been treated equally, their business is hurting. As a matter of fact, they have
been offered a place in Kendall to move 16 of them. I believe that Miami should have as part of
our City, all these antique dealers. I have consulted with the Law Department and this is the fair
and the right think to do. We are not going to be the target of a suit or any complain and this is
why I am bringing this as a pocket item.
Commissioner Gort: Second the motion.
Mayor Carollo: There is a motion, there is a second. I think it's a very good motion that we are
bringing up. _ My only question is, does the administration have sufficient time to go over the
changes in this ordinance?
Mr. Edward Marquez (City Manager): Yes, sir, we have. And, we, are in agreement with the
ordinance.
Mayor Carollo: OK, very good. All right, all in favor? There is a motion, there is a second.
Mr. Walter J. Foeman (City Clerk): It's an ordinance, Mr. Mayor.
Mayor Carollo: It's an ordinance, OK.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, let me read... Yes. An emergency...
Mayor Carollo: Do you have the ordinance before you, Mr. City Attorney?
Mr. Jones: Yes. Yes, Mr. Mayor.
Mayor Carollo: Very good. Call the roll, please.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING SECTION 42-8 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SPECIAL
DEPARTMENTAL SERVICES; FEES", THEREBY ESTABLISHING A LOWER
INSPECTION FEE FOR INSPECTIONS OF ANTIQUE DEALERS BY THE
PAWN SHOP DETAIL", CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
14 September 9, 1997
0 . 0
was introduced by Vice Mayor Regalado, 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 Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Vice Mayor Regalado and seconded by
Commissioner Gort, adopted said ordinance by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11539.
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.
----------------------------------------------------------------------------------------------------------------
8. AUTHORIZE INTERNATIONAL TRADE BOARD TO DISBURSE PRIVATE
SECTOR DONATIONS ($64,000) RECEIVED FOR HEMISPHERIC HEALTH
MINISTERS CONFERENCE -- ALLOCATE $7,000 FOR PROFESSIONAL
SERVICE AGREEMENT WITH MAGGIE LEYES AS MARKETING
CONSULTANT.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Any further pocket items from the members of the Commission?
Commissioner Plummer: Yes.
Commissioner Plummer: Yes, a resolution authorizing the International Trade Board to disperse
funds received from the private sector donations for the payment of expenditures related to the
Hemishperic Health Ministers Conference sponsored by said board in an amount not to exceed
sixty-four thousand dollars ($64,000). Further authorizing International Trade Board to allocate
an amount not to exceed seven thousand for a professional services agreement with Maggie
Leyes as a marketing consultant for said event. I move it, Mr. Mayor, if somebody will second
it.
15 September 9, 1997
Commissioner Gibson: Second.
Commissioner Gort: Second.
Mayor Carollo: There is a motion, there is a second by Commissioner Gibson.
Commissioner Plummer: I want each and everyone of you to know that this is money not out of
the City, this is money that has been raised by the event but we have to bring it here to disperse
these funds.
Mayor Carollo: 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. 97-566
A RESOLUTION AUTHORIZING THE INTERNATIONAL TRADE BOARD TO
DISBURSE FUNDS RECEIVED FROM PRIVATE SECTOR DONATIONS FOR
PAYMENT OF EXPENDITURES RELATED TO THE HEMISPHERIC HEALTH
MINISTRIES CONFERENCE SPONSORED BY SAID BOARD IN AN AMOUNT
NOT TO EXCEED $64,000.00; FURTHER AUTHORIZING THE INTERNATIONAL
TRADE BOARD TO ALLOCATE AN AMOUNT NOT TO EXCEED $7,000.00 FOR
A PROFESSIONAL SERVICES AGREEMENT WITH MAGGIE LEYES, AS A
MARKETING CONSULTANT, FOR SAID EVENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
16 September 9, 1997
•
--------------- ------------------------------------------------------------------------------------------------
9. EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND:
PROBLEM SOLVING PARTNERSHIPS GRANT PROGRAM -- FROM
$56,388 GRANT FROM U.S. DEPARTMENT OF JUSTICE.
Commissioner Gibson: I have a proposed emergency ordinance. I don't know whether the
Manager is going to bring this one up on the problem solving partnership grant. Do you have...?
OK. This one is a problem solving partnership grant program accepting a grant from the U.S.
Department of Justice in the amount of fifty-six thousand three hundred and eighty-eight dollars
($56,388) and appropriating said funds for the operating of same. The Department of Police will
utilize this grant to conduct an urban environmental crime prevention design study in the West
Grove. The study will focus on problem solving through environmental design and will address
drug sales and general crime in the West Grove as well as economic revitalization for the area.
And, this grant will be used to hire a consultant who will develop a plan to redesign traffic
patterns, lighting, landscaping and other physical factors to discourage drug activity and assist in
the economic revitalization of the targeted area. I move this ordinance.
Mayor Carollo: OK, there is a motion on this ordinance. Is there a second?
Commissioner Plummer: Second, second.
Mayor Carollo: Second by Commissioner Plummer. Can you read the ordinance?
Mr. A. Quinn Jones, III, Esq. (City Attorney): I am sorry, Mr. Mayor, I don't have that.
Commissioner Gibson: This came through...
Mayor Carollo: OK, would you like to read it Commissioner, if it's there or...?
Commissioner Plummer: Is it in ordinary form?
Commissioner Gibson: Yes.
Mr. Jones: I have it now.
Commissioner Gibson: He has it.
Mayor Carollo: He has it?
Mr. Jones: Yes.
Mayor Carollo: OK, you could read it. Call the roll, please.
17 September 9, 1997
An Ordinance entitled -
AN EMERGENCY ORDINANCE ESTABLISHING INITIAL RESOURCES AND
APPROPRIATIONS FOR A SPECIAL REVENUE FUND - ENTITLED:
"PROBLEM SOLVING PARTNERSHIPS GRANT PROGRAM", IN THE
AMOUNT OF $56,388.00 RECEIVED BY THE CITY AS A GRANT FROM THE
U.S. DEPARTMENT OF JUSTICE AUTHORIZING THE CITY MANAGER TO
ACCEPT SAID GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT
ACCEPTANCE OF SAID GRANT; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
was introduced by Commissioner Gibson 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 Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Gibson and seconded by
Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11540.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
18 September 9, 1997
11
•
------------------------------------------------- ---------------------------------------------------------------
10. DISCUSS USE OF COMMISSIONERS' OFFICES AT RIVERSIDE CENTER.
Mayor Carollo: Any further pocket items from the Commission?
Commissioner Plummer: Didn't the Manager have another one?
Mr. Edward Marquez (City Manager): Yes, sir.
Mayor Carollo: I am asking from the Commission, now.
Commissioner Plummer: Oh, I am sorry.
Commissioner Gibson: I have one other thing, and it may not be a pocket item as such.
Mayor Carollo: That's all right, Commissioner.
Commissioner Gibson: But, I have been told that we have two offices. And, I went down to see
my second office last Friday, two weeks ago really. And, I realized that all of us had an office
down there and the tags haven't even been moved off most of the furniture. And, as I walked
through, I discovered that Commissioner Gort has been going down once a week but none of the
rest of us have. The Mayor goes down, I understand, for his office. But, I would like for us to
discuss the possibility of giving those offices to the Manager and using just one space for all of
us, so that if we have to use it downtown we could go and use that space, but they do need space
in several areas.
Mayor Carollo: Commissioner, that's a good idea. I think, maybe what we need to do is at least
assign two or three offices that could be rotated in... particularly with an additional member of
this body that will be coming in November. There will be five Commissioners and the Mayor. I
think that's a good idea. Presently, what we have are three offices, four Commissioners. There
used to be one upstairs, but frankly, I don't think that was appropriate, the way that it was done.
It was farther away from the other members of the Commission and it was taking space that the
Manager needed very badly. So, there are presently three offices for Commissioners and then
there is a space that I have that the Sports Authority is also using as offices. I think maybe what
I would recommend Commissioner, if you could meet with the Manager and come back with a
recommendation to this board at the next meeting, whether we should have one or maybe two or
the three offices that have been assigned and those could be rotated for Commissioners. I would
doubt it that we would ever have a situation that there would really be more than three out of five
members using those offices at the same time. If it gets to that point, then we could bring it back
to the Commission in the future. But, we also have meeting rooms on every floor. There are
two conference rooms on every floor. So, that should be sufficient for our use. And, I am glad
that you brought that up because it's something that this board needs to consider and it's
important so that we are not wasting valuable space that's needed.
Commissioner Gibson: Thank you, Mr. Mayor.
19 . September 9, 1997
•
•
-------------------------------------------------- -----------------------------------------------------------
11. AMEND R 97-536 ADOPTED JULY 24, 1997 -- CHANGE APPOINTMENT
TO BROWNSFILEDS PROJECT SELECTION COMMITTEE FOR
ENGINEER FIRM TO DO ENVIORNMENTAL CLEANUP.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Thank you, Commissioner. Anyone else from the Commission have any other
item to bring up? OK, Mr. Manager.
Mr. Marquez: I'll turn this over to Jack Luft for an introduction.
Mr. Jack Luft (Director, Planning & Development): We were asked for a resolution amending
the July 24th resolution appointing a certification committee for a Brownsfield grant. We have
to replace one of the engineers on the committee and this is the only way we can do it. The
committee will meet next week to select engineering firms to do environmental cleanup for a one
hundred dollar ($100,000) grant we have received from the State.
Commissioner Plummer: Well, we got the money, let's do it. I move it.
Mayor Carollo: There is a motion by Commissioner Plummer.
Commissioner Gibson: Second.
Mayor Carollo: Second by Commissioner Gibson. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-567
A RESOLUTION (Pending the Law Department.)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
20 September 9, 1997
E
•
Upon being seconded by Commissioner Gibson, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
12. PROCLAMATIONS / PRESENTATIONS: ROBERT TRAURIG DAY - FOR
ASSISTANCE TO SAVE THE CITY OF MIAMI (SAND IN MY SHOES
AWARD).
Mayor Carollo: What other items do you have, Mr. Manager?
Mr. Edward Marquez (City Manager): That's it, sir.
Mayor Carollo: That's it. OK. If we can move on to a following item. We have a proclamation
to make this morning, right now. Commissioner Gort, if we can ask Mr. Traurig to come up
here. Bob Traurig, the dean of the attorneys of Miami. Bob, why don't you come up here?
Commissioner Plummer: And, I think we ought to make note, Joe, while he is coming up here,
that through his office and Lucia Dougherty, they gave the first five thousand dollar ($5,000)
check to save the City, and the money was well spent and the results were great.
Mayor Carollo: We certainly are very grateful to Mr. Traurig's law firm, like we are to many
others that contributed, and particularly all the citizens that voted for Miami.
Commissioner Gort: Mr. Mayor, I need to apologize. On August 6, 1997, Mr. Traurig was
awarded the biggest award by the Greater .Miami Chamber of Commerce, which is the Sand in
my Shoes Award. Unfortunately, I was in Ft. Lauderdale and was not able to make it on time.
So, that's why I asked Mr. Traurig to come in here and receive this in our name. [Presentation
read into public record].
----------------------------------------------------------------------------------------------------------------
12.1. APPROVE MINUTES.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Before we do one additional presentation, most likely in a few minutes this
morning, we need to go to Item B, in our agenda approving the minutes of the following
meetings. Mr. Clerk, would you like to read them off for the record.
Mr. Walter J. Foeman (City Clerk): Sure, Mr. Mayor. The regular Commission meeting of
January 16, 1997; Planning and Zoning meeting of January 23rd; Regular Commission meeting
21 September 9, 1997
of February 20th; Planning and Zoning meeting of February 27th; Regular Commission meeting
of March 20th; Planning and Zoning meeting of March 27th, Regular Commission meeting of
April 2nd, Special Commission meeting of April 8th; Planning and Zoning meeting of April
10th; Regular Commission meeting of April 14th; Special Commission meeting of April 23rd;
Special Commission meeting of 28th; Special Commission meeting of May 5th, Regular
Commission meeting of May 7th; Planning and Zoning meeting of May 22; Regular
Commission meeting of June 9th; Special Commission meeting of June 16th; Special
Commission meeting of June 20th, Special Commission meeting of July 3rd; Workshop/Special
meeting of July 23rd.
Mayor Carollo: Are you sure you didn't miss any?
Mr. Foeman: I am positive.
Commissioner Plummer: Yeah, that's more meetings than all the Mayors combined before you.
Mayor Carollo: Well, now you know the kind of work we have been doing, the work of four
Mayors. Is there a motion?
Commissioner Plummer: Oh, yes, of course.
Commissioner Gort: Second.
Mayor Carollo: OK, there is a motion by Commissioner Plummer, second by Commissioner
Gort. All in favor signify by saying "aye."
Commissioner Plummer: Absolutely.
The Commission (Collectively): Aye.
----------------------------------------------------------------------------------------------------------------
13. (A) COMMENTS BY COMMISSIONER ATHALIE RANGE
REGARDING FUNDS FOR ALTERNATIVE PROGRAMS -- SEE
LABEL 15.
(B) GENERAL COMMENTS RE CONSENT AGENDA -- JOSE MARTI
PARK -- CRIME IN PARKS -- PROPOSED TO HAVE POLICE
OFFICERS LIVE IN TRAILERS IN CITY PARKS.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Before we move to the consent agenda, if I could acknowledge former
Commissioner Athalie Range that's here with us. Mrs. Range, do you need to address this body
this morning?
Ms. Athalie Range: I would be very pleased if you would allow me to, Mayor.
Mayor Carollo: Certainly. Go ahead, please.
Ms. Range: I would like to call Georgia Ayes.
Commissioner Plummer: Oh, no, no, no. No, no, not Georgia Jones.
Ms. Range: Please?
22 September 9, 1997
Commissioner Plummer: Oh.
Mayor Carollo: Well...
Commissioner Plummer: She is going to come down here and scream at us as usual.
Mayor Carollo: There she is.
Ms. Range: I'll come with her and I'll see to it that she doesn't scream.
Mayor Carollo: Very good. I think her item has to do with the Consent Agenda, so we are in the
Consent Agenda.
Ms. Georgia Ayes: I was just told... My name is Georgia Ayes, founding executive director of a
program that's called the Alternative Program. And, I was just told by the Chief of Police to be
nice.
Commissioner Plummer: Huh. Thank God, you are not being consistent.
Ms. Ayes: So, since I am yielding to the chairperson of the board, you may ask the questions
that... I will answer that, that she cannot answer.
Ms. Range: Surely.
Commissioner Plummer: There are no questions.
Ms. Range: Thank you, very much. We simply come this morning to honor you and to ask that
our item be ruled upon favorably.
Commissioner Plummer: Go away and sin no more.
Mayor Carollo: We hear you, Ms. Range.
Ms. Range: Thank you. Thank you, very much.
Mayor Carollo: Thank you, so much for taking your time in coming here today.
Ms. Range: Thank you, very much. All right.
Mayor Carollo: OK, we are in the Consent Agenda.
Vice Mayor Regalado: I have a question, Mr. Mayor, on the Consent Agenda.
Mayor Carollo: Go ahead. We are going to be dealing with items in the Consent Agenda, CA-1
through CA-17 after members of the Commission discuss the items and if there are any that the
Commissioners might want to be pulled, they can so ask for it, then I will open it up to the public
for the public to express themselves in any such item in the Consent Agenda. Vice Mayor.
Vice Mayor Regalado: On CA-1, Jose Marti Park.
Mayor Carollo: Uh-huh.
Vice Mayor Regalado: The fence and gates. Does this mean that the park will be closed after
hours? Because, what we are seeing now in Jose Marti Park is that there are many homeless
23 September 9, 1997
people sleeping there during the night and late afternoon. So, are we talking of certain hours to
close the park, this fence, Mr. Manager?
Mr. Edward Marquez (City Manager): Yes, sir, that's my understanding.
Vice Mayor Regalado: What time?
Mr. Marquez: Al, do you know what time?
Mr. Alberto Ruder (Director, Parks and Recreation): I am sorry. We have been working with
the NET (Neighborhood Enhancement Team) office on the hours of this park. I don't have them
in my mind but I can get that information for you. But, it will all be coordinated with the local
police that is assigned to that NET office, the opening and the closing of the fence.
Vice Mayor Regalado: The police will make sure that when we close the fence...
Mr. Ruder: Yes.
Vice Mayor Regalado: ... there will not be people sleeping inside, of course?
Mr. Ruder: Right, right.
Commissioner Gort: Mr. Mayor, what we have to do, the parks there can somehow be... The
Parks and the Department of Police should work a little closer together because that's one of the
things that's happening in all our parks. Some of the juveniles are beginning to use the parks at
nights for illegal activities. So, I would like to see some kind of coordination among themselves.
Mayor Carollo: Well, one of the concerns that I have is that while placing fences in City parks
certainly has been a help in some parks in keeping people out, in some additional parks, it might
not necessarily work. It might be too easy for people to jump the fence and then it becomes even
harder for the police to be able to patrol those parks: And, I am just wondering if this might not
be one of those. But, it might be what we need there, I don't know.
Mr. Ruder: Yeah, we work closely with the community and with the police and they all seem to
agree that this is the right way to go in this particular park.
Commissioner Plummer: Let's try it.
Vice Mayor Regalado: In this park it is. And, Mr. Mayor and members of the Commission and
also... It's a good thing that the Chief of Police is here. We need to supervise the park during
the day around 3:00 p.m., 4:00 p.m., there are school children jumping into the Miami River
which is very dangerous for them. They, as a matter of fact, some of them try to swim to the
administration building. And, I feel that this will... It's just a tragedy asking to happen. So, I
am... I would ask the Chief of Police and the Park Director to see what we can do in terms of
trying to eliminate this situation.
Police Chief Warshaw: Commissioner, I have discussed with the Manager, we had talked
previously about doing two additional things. Number one, encouraging officers to do reports
that they are filling out by going into the parks and parking there and being more visible, as well
as working with the Parks Department to try and place public service aids in parks facilities to
take reports so we can create a higher visibility. And, that's something we are going to look at
now. And, I am sure those things, if we are successful, will provide additional visibility, for
starters.
24 September 9, 1997
Vice Mayor Regalado: By the way, Chief and Mr. Mayor and members of the Commission. I
have asked the City Attorney to give us a response regarding a possibility of City of Miami
police officers living in City parks. And, this is not... this is not something new. The School
Board has in the past given some space to police officers from Metro and Florida Highway
Patrol to bring a trailer and live on a school ground. They don't have to pay rent, they only have
to pay electricity and water. For the School Board, this has been a very successful program and
at least I have two City of Miami police officers that have expressed interest in living... bringing
their trailers to live in City parks. So, I am sure that Quinn will come up with an answer in the
future. And, I think that if we can have that scenario, it would help a lot in terms of deterring
crime.
Police Chief Warshaw: I agree. That would be wonderful.
[AT THIS POINT, THE CONSENT AGENDA WAS INTERRUPTED TO CONSIDER THE
FOLLOWING PRESENTATION SEE LABEL 15.]
-------------------------------------------- -------------------------------------------------------------------
14. PRESENTATIONS: PRESENT KEY TO THE CITY OF MIAMI TO MAYOR
OF BENIDORM, SPAIN, VICENTE PEREZ DEVISA.
Mayor Carollo: Before we proceed with the Consent Agenda, if I may ask my colleagues if we
could interrupt for a moment. We have the Mayor of Benidorm, Spain, Vicente Perez Devisa,
that's here with us. And, someone very special to Miami and known to all of us brought him to
Miami in the last few days, in particular, to be with him at an event that he was honored last
night. So, when Julio Iglesias asked for us to honor one of his friends, we certainly say,
welcome. [COMMENTS IN SPANISH] Mr. Mayor, we are quite honored to have you here this
morning from our sister country of Spain. This key comes from all the residents of Miami, from
the bottom of our hearts and also from your good friend, Julio Iglesias that asked us to host you
here in the City. [COMMENTS IN SPANISH]
Mr. Devisa: [COMMENTS IN SPANISH]
Vice Mayor Regalado: The Mayor of Benidor is... [APPLAUSE] bringing to the Mayor of
Miami and the City of Miami the statue that was found in his area dated back to 2000 years
before Christ. And, Benidorm is a City very similar to the City of Miami in the hospitality, in the
closeness to the sea and the cosmopolitan ambience of that City makes Benidorm similar to
Miami. And, he is very happy because of the hospitality of the people of Miami.
Mayor Carollo: It is a replica, so I don't want anyone getting any ideas and trying to get into
City Hall after hours.
Commissioner Plummer: Yeah. Ah-ha, right. Right.
Mayor Carollo: Chief, you make sure everyone knows it's a replica. But, on behalf of all my
colleagues in the City of Miami and all the residents of Miami, we want to welcome Mayor
Perez Devisa to the City of Miami and express our appreciation for this wonderful gift that's he
has given the City, where it will be placed in an appropriate place in City Hall for everyone to
see. And, the Mayor impressed me very much with the words that he said about Miami last
night at a major international event that we were able to be present in where we had Julio
Iglesias, Emilio Estefan. In fact, movie stars and singers, actresses from all over the world.
[COMMENTS IN SPANISH]
25 . September 9, 1997
Mr. Devisa: Thank you, very much.
----------------------------------------------------------------------------------------------------------------
15. CONSENT AGENDA -- POLICE PROGRAMS (SEE LABEL 13.)
Mayor Carollo: OK, we will now go back to the Consent Agenda. We had discussed Item CA-
1, was there any further discussion on this item? CA-1. There was not any other items that...
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Go ahead, Commissioner.
Commissioner Gibson: CA-1, as we notice, Mr. Manuel Gonzalez-Goenaga is here, better
known as "Boom -Boom." And, he is concerned about the funds that have been expended for
recertification of the law enforcement police commission on accreditation.
Mayor Carollo: "Boom -Boom."
Commissioner Gibson: And, I just need to say to him that this is something that has to be done
ever so many years to be reaccredited. And, even though it was done in 1995, it does have to be
done again, and this amount of money is what it takes to do that.
Mr. Manuel Gonzalez-Goenaga: May I address the Commission?
Mayor Carollo: Absolutely, "Boom -Boom." But, how times have changed.
Mr. Gonzalez-Goenaga: Well...
Mayor Carollo: You even have Commissioners now, addressing you and, you are beginning to
feel real welcome here, eh?
Mr. Gonzalez-Goenaga: Well, they told me in Metro -Dade last Thursday, that I am a mellow
"Boom -Boom." And, now that these things have changed to Tuesdays, I will have one boom
here and the other one at Metro. But, anyway, I want just going to go to the record, Mrs. Gibson.
Commissioner Plummer: Can we try to get you to do both down there?
Mr. Gonzalez-Goenaga: Well, if you retired. And, just for the record, back in September 25,
1995, there was a public hearing here in these chambers where only four people attended. Mrs.
Adora, the Chairman of the Chapter of the NAACP (National Association for the Advancement
of Colored People), Mr. Mariano Cruz, another Black lady complaining about police brutality
and Mr. "Boom -Boom" who gave a 15 minute presentation, and the Honorable Commission
Culeca or Culeca (sic) instructed us to give additional documentation of our presentation. And,
one day later, as these letter states, it was announced. So, I have been misled also by the Calea
or Culeca, whatever the figure stands for. Now, I want to know, how much money, not only this
reaccreditation because if we have to do the right thing here, well the police should have gone
back in August the 28th, arrest Mr. Mario Miranda Blas. That's doing the right thing. But,
anyway I would like to know what the total amount of money that we have paid these Calea
organizations for dining and wining and dancing these honorable Chiefs of Police that came all
the way from Scarsdale, Arizona? I have the memory of an elephant, so, I could even quote
26 September 9, 1997
what I said in that it lasted for an hour and I spoke like 15 minutes. The total amount of money
that we have paid, is it true that...? I remember, Mr. Plummer, once saying that it cost like more
than eighty thousand dollars ($80,000), the total amount of money, including the hotels, the
time, the Police Department have wined and dined these honorable Chief of Police that came
from way up high in the nation. Do you have that figure.
Mayor Carollo: Manny, I am sorry, your time is up. You are over two minutes.
Mr. Gonzalez-Goenaga: Yeah, but you see, my time is up here and I am going to speak now in
other CA's in your Consent Agenda. Two minutes for CA-8. I will like to have an answer
though.
Commissioner Plummer: Do it in writing.
Mayor Carollo: Is there anyone else who would like to address this Commission on the Consent
Agenda on any items.
Mr. Albio Castillo: Yes, can I speak on taxes, your Honor?
Mayor Carollo: No, you have got to address the Commission on any particular item on the
Consent Agenda.
Mr. Castillo: What about taxes...
Commissioner Plummer: Five...
Mr. Castillo: ... which is on the agenda?
Mayor Carollo: Well, do you have any items that deal with taxes here? I don't believe so.
Commissioner Plummer: After 5:05, this afternoon.
Vice Mayor Regalado: Five, five. Five o'clock.
Mr. Castillo: I will be at work.
Mayor Carollo: Thank you.
Mr. Castillo: Can I speak?
Mayor Carollo: If you are going to address the Commission on an item that's here directly. On
an item that's here directly, I am sorry. You know, we have to keep some decorum.
Mr. Castillo: I know.
Mayor Carollo: Thank you.
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Yes, Commissioner.
Commissioner Gort: I have two questions. As I recall, the police and grants that we have given
were supposed to have given reports. And, the grants you awarded, you have quite a few of
them, I mean... The pocket item like the The Dade Miami Criminal Council, Citizens on Patrol,
27 September 9, 1997
PAL (Police Athletic League). You were supposed to give us a report on what was being done,
what was being accomplished through these grants. I want to make sure I get these reports.
Police Chief Warshaw: OK, Commissioner.
Commissioner Gort: It was like at one time, we were not going to fund Citizens on Patrol. Now,
today we are doing that.
Police Chief Warshaw: OK, the item on the Citizens on Patrol today, that's the first time we
have ever done this. What's happened is, some of the neighborhoods have asked us for money,
so we are setting up a fund of money which will allow them to apply for grants for things like
cellular phones, radios. Space stations and other kinds of equipment.
Commissioner Gort: What I would like to see, if possible, is some of those grants, I would like
to read them, I would like to see what they do. And, since we are doing performance...
Police Chief Warshaw: OK.
Commissioner Gort: ... and we are basing our CDBGs on performance, I would like to see that
also.
Police Chief Warshaw: Yes, sir.
Commissioner Gort: Thank you.
Commissioner Plummer: I move the consent agenda.
Mayor Carollo: There is a motion for the consent agenda by Commissioner Plummer.
Commissioner Gibson: Second.
Mayor Carollo: Second by Commissioner Gibson. Hearing no further discussion, 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.
28 September 9, 1997
•
THEREUPON MOTION DULY MADE BY
COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER GIBSON, THE CONSENT AGENDA
ITEMS WERE PASSED BY THE FOLLOWING VOTE:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V.A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
15.1 ACCEPT BID: PROFESSIONAL WELDING, INC. -- FOR FURNISHING /
INSTALLATION OF TUBULAR STEEL PICKET FENCE & GATES AT JOSE
MARTI PARK -- FOR PARKS AND RECREATION -- ALLOCATE FUNDS $37,200
FROM CDBG ACCT. CODE 589301-860 AND CIP PROJECT 331385.
RESOLUTION NO. 97-568
A RESOLUTION ACCEPTING THE BID OF PROFESSIONAL
WELDING, INC., FOR THE FURNISHING AND INSTALLATION OF
TUBULAR STEEL PICKET FENCE & GATES AT . JOSE MARTI
PARK, FOR THE DEPARTMENT OF PARKS AND RECREATION,
AT A TOTAL COST OF $37,200.00; ALLOCATING FUNDS
THEREFOR FROM THE DEPARTMENT OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUND, ACCOUNT CODE NO.
589301-860, CAPITAL IMPROVEMENT PROJECT NO. 331385;
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.)
29 September 9, 1997
E
0
15.2 ACCEPT BIDS: EMELY LAWN SERVICE AND J.R. ALVAREZ LAND
CLEARING -- FOR GROUNDS MAINTENANCE SERVICES TO CITY PARKS &
FACILITIES -- FOR PARKS AND RECREATION -- ALLOCATE FUNDS $63,432,
ACCT. CODE 001000.580302.6.340.
RESOLUTION NO. 97-569
A RESOLUTION ACCEPTING THE BIDS OF EMELY LAWN
SERVICE (GROUP A), IN THE AMOUNT OF $9,204.00. AND J.R.
ALVAREZ LAND CLEANING (GROUPS B 7 C), IN THE AMOUNT
OF $54,228.99, FOR THE FURNISHING OF GROUNDS
MAINTENANCE SERVICE TO CITY PARKS ND FACILITIES, ON
AN AS -NEEDED CONTRACT BASIS FOR ONE (1) YEAR WITH THE
OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR
PERIODS FOR THE DEPARTMENT OF PARKS AND RECREATION;
AT A TOTAL PROPOSED ANNUAL AMOUNT OF $63,432.00;
ALLOCATING FUNDS THEREFOR FROM FY '97-98 ACCOUNT
CODE NO. 001000.580302.6.340; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE PURCHASE ORDERS FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
15.3 ACCEPT BIDS: BENDEL CORPORATION / MR. CLEAN RELIABLE SERVICE,
INC. / NEWAY SYSTEMS, INC. -- FOR CLEANING SERVICES AT MARINAS --
ALLOCATE FUNDS $21,962.16 FROM PUBLIC FACILITIES ACCT.
CODE413000.350505.6.340.
RESOLUTION NO. 97-570
A RESOLUTION ACCEPTING THE BIDS OF BENDEL
CORPORATION IN THE AMOUNT OF $5,640.00, FOR THE
FURNISHING OF MARINA CLEANING SERVICES AT
MIAMARINA BAYSIDE, MR. CLEAN RELIABLE SERVICE, INC., IN
THE AMOUNT OF $12,326.16, FOR CLEANING SERVICES AT PIER
8 FISHERMAN'S WHARF, AND NEWAY SYSTEMS, INC., IN THE
AMOUNT OF $3,996.00, FOR CLEANING SERVICES AT DINNER
KEY MARINA, FOR THE DEPARTMENT OF PUBLIC FACILITIES,
ON A 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 OF $21,962.16;
ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF
PUBLIC FACILITIES, ACCOUNT CODE NOS. 413000.350506.6.340
AND 414000.3505066.340; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR THESE SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
30 September 9, 1997
15.4 ACCEPT BIDS: SONY LEO PLUMBING / AMERADRAIN PLUMBING CORP /
M.R.B. PLUMBING, INC. -- FOR PLUMBING MAINTENANCE SERVICES -- AS
NEEDED -- ALLOCATE FUNDS $86,015 FROM VARIOUS USER DEPARTMENTS.
RESOLUTION NO. 97-571
A RESOLUTION ACCEPTING THE BIDS OF SONY LEO
PLUMBING, AMERADRAIN PLUMBING CORP., AND M.R.B.
PLUMBING, INC., FOR THE PROVISION OF PLUMBING
MAINTENANCE SERVICES ON A CITYWIDE BASIS AT VARIOUS
LOCATIONS, ON AN AS NEEDED, WHEN 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 OF $86,015.00; ALLOCATING
FUNDS THEREFOR FROM THE VARIOUS USING CITY
DEPARTMENTS FY '97-'98 OPERATING BUDGETS; AND
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR
SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
15.5 ACCEPT TWO GRANTS FROM FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION AND METROPOLITAN DADE COUNTY FOR DEVELOPMENT OF
WHEELCHAIR ACCESSIBLE TRAIL AT SIMPSON PARK.
RESOLUTION NO. 97-572
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT TWO GRANTS FOR THE DEVELOPMENT OF A
WHEELCHAIR ACCESSIBLE TRAIL AT SIMPSON PARK FORM (1)
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION, IN THE AMOUNT OF $42,000.00, AND (2)
METROPOLITAN DADE COUNTY, IN THE AMOUNT OF
$58,878.00; AUTHORIZING THE CITY MANAGER TO EXECUTE
THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR SAID ACCEPTANCE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
31 September 9, 1997
•
11
15.6 ALLOCATE $19,600. FROM COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS PROJECT 799602 -- FOR REHABILITATION. OF DOWNTOWN
BUSINESSES UNDER COMMERCIAL FACADE PROGRAM.
RESOLUTION NO. 97-573
A RESOLUTION AUTHORIZING THE ALLOCATION OF NINETEEN
THOUSAND, SIX HUNDRED DOLLARS ($19,600) FROM
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, PROJECT
799602 , FOR THE REHABILITATION OF FOURTEEN (14)
BUSINESSES LOCATED IN THE DOWNTOWN AREA UNDER THE
CITYWIDE COMMERCIAL FACADE PROGRAM; SAID FUNDS TO
BE DISBURSED AS HEREIN SPECIFIED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
15.7 ALLOCATE $7,000. FROM COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS PROJECT 799613 -- FOR REHABILITATION OF BUSINESS IN
EDISON/LITTLE RIVER TARGET AREA UNDER COMMERCIAL CODE
COMPLIANCE PROGRAM.
RESOLUTION NO. 97-574
A RESOLUTION ALLOCATING FUNDS IN THE AMOUNT OF
SEVEN THOUSAND ($7,000.00) DOLLARS FROM COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS, PROJECT NO. 799613,
FOR THE REHABILITATION OF ONE (1) BUSINESS LOCATED IN
THE EDISON/LITTLE RIVER TARGET AREA, IN CONJUNCTION
WITH THE COMMERCIAL CODE COMPLIANCE PROGRAM, SAID
ALLOCATION TO BE BASED UPON A 70%-30% MATCH
BETWEEN THE CITY OF MIAMI AND THE BUSINESS OR
PROPERTY OWNER.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
32 September 9, 1997
n
0
15.8 ALLOCATE $14,593 FROM LAW ENFORCEMENT TRUST FUND PROJECT
690003 -- FOR POLICE ACCREDITATION BY COMMISSION ON
ACCREDITATION FOR LAW ENFORCEMENT AGENCIES, INC (CALEA) AND
STATE OF FLORIDA.
RESOLUTION NO. 97-575
A RESOLUTION AUTHORIZING FUNDING FOR THE COST,
EXPENSES, AND FEES INCURRED FOR CONTINUED
ACCREDITATION OF THE DEPARTMENT OF POLICE BY THE
COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT
AGENCIES, INC. (C.A.L.E.A.), AND THE STATE OF FLORIDA,
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO
EXCEED $14,593.00, FROM THE LAW ENFORCEMENT TRUST
FUND, PROJECT NO. 690003, INDEX CODE 291202.6.996, SUCH
EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF
POLICE AS COMPLYING WITH FLORIDA STATE STATUTES,
CHAPTER 932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
15.9 FUND LITTLE HAITI CRIME PREVENTION SUB -COUNCIL -- ALLOCATE
FUNDS $4,5000. FROM LAW ENFORCEMENT TRUST FUNDS PROJECT 690001.
RESOLUTION NO. 97-576
A RESOLUTION AUTHORIZING THE FUNDING OF THE LITTLE
HAITI CRIME PREVENTION SUB -COUNCIL, IN AN AMOUNT NOT
TO EXCEED $4,500.00, ALLOCATING FUNDS THEREFOR FROM
THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690001,
EXPENDITURE CODE NO. 291015, SUCH EXPENDITURES
HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS
COMPLYING WITH FLORIDA STATE STATUTES, CHAPTER
932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
15.10 FUND DADE-MIAMI CRIMINAL JUSTICE COUNCIL -- ALLOCATE FUNDS
$35,000 FROM LAW ENFORCEMENT TRUST FUND PROJECT 690003.
RESOLUTION NO. 97-577
A RESOLUTION AUTHORIZING THE FUNDING OF THE DADE-
MIAMI CRIMINAL JUSTICE COUNCIL, IN AN AMOUNT NOT TO
EXCEED $35,000.00; ALLOCATING FUNDS THEREFOR FORM THE
LAW ENFORCEMENT TRUST FUND, PROJECT NO. 590003, SUCH
EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF
POLICE AS COMPLYING WITH FLORIDA STATE STATUTES,
CHAPTER 932.7055, AS AMENDED.
33 September 9, 1997
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
15.11 FUND CITIZENS ON PATROL VOLUNTEER PROGRAM -- ALLOCATE FUNDS
$50,000. FROM LAW ENFORCEMENT TRUST FUND PROJECT 690003.
RESOLUTION NO. 97-578
A RESOLUTION AUTHORIZING THE FUNDING OF THE
'CITIZENS ON PATROL VOLUNTEER PROGRAM", IN AN
AMOUNT NOT TO EXCEED $50,000.00' ALLOCATING FUNDS
THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND,
PROJECT NO. 690003, SUCH EXPENDITURES HAVING BEEN
CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH
FLORIDA STATE STATUTES, CHAPTER 932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
15.12 FUND POLICE ATHLETIC LEAGUE PROGRAM -- ALLOCATE $90,000 FROM
LAW ENFORCEMENT TRUST FUND PROJECT 690003.
RESOLUTION NO. 97-579
A RESOLUTION AUTHORIZING THE FUNDING OF THE "POLICE
ATHLETIC LEAGUE ("PAL") PROGRAM", IN AN AMOUNT NOT
TO EXCEED $90,000.00; ALLOCATING FUNDS THEREFOR, FORM
THE LAW ENFORCEMENT TRUST FUND PROJECT NO. 690003,
SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF
OF POLICE AS COMPLYING WITH FLORIDA STATE STATUTES,
CHAPTER 932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
15.13 INCREASE FUNDS FOR ALTERNATIVE PROGRAMS, INC. -- ALLOCATE
FUNDS $75,000 FROM LAW ENFORCEMENT TRUST FUNDS PROJECT 690002.
RESOLUTION NO. 97-580
A RESOLUTION AUTHORIZING AN INCREASE IN THE FUNDING
FOR THE "ALTERNATIVE PROGRAMS, INC.", IN AN AMOUNT
NOT TO EXCEED $75,000.00; ALLOCATING FUNDS THEREFOR,
FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO.
690002, SUCH EXPENDITURES HAVING BEEN CERTIFIED BY
THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE
STATUTES, CHAPTER 932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
34 September 9, 1997
15.14 ACCEPT BIDS: TROPHY WORLD, INC. AND AWARDS, INC. -- FOR TROPHIES /
PLAQUES -- ALLOCATE FUNDS $7,000 FROM POLICE GENERAL BUDGET
CODE 001000.290201.6.270.
RESOLUTION NO. 97-581
A RESOLUTION ACCEPTING THE BIDS OF TROPHY WORLD,
INC., FOR THE FURNISHING OF TROPHIES (GROUP 1) AND
PLAQUES (GROUP 2), AND AWARDS, INC., FOR THE
FURNISHING OF LAMINATED PLAQUES (GROUP 3) TO THE
DEPARTMENT OF POLICE, ON AN AS NEEDED CONTRACT
BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR
TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, IN AN ANNUAL
AMOUNT NOT TO EXCEED $7,000.00; ALLOCATING FUNDS
THEREFOR FROM THE DEPARTMENT OF POLICE GENERAL
OPERATING BUDGET, ACCOUNT CODE NO. 001000.290201.6.270;
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.)
15.15 EXECUTE SPONSORSHIP AGREEMENT WITH HEAD USA -- FOR MOORE
PARK TENNIS PROGRAM -- FOR PARKS AND RECREATION.
RESOLUTION NO. 97-582
A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A SPONSORSHIP AGREEMENT, IN A
SUBSTANTIALLY THE ATTACHED FORM, WITH HEAD USA FOR
SPONSORSHIP OF THE MOORE PARK TENNIS PROGRAM
OPERATED BY THE DEPARTMENT OF PARKS AND
RECREATION; FURTHER ACCEPTING A DONATION OF TENNIS
EQUIPMENT AND SUPPORT SERVICES, ESTIMATED AT A
VALUE OF $16,000, FROM HEAD USA FOR THEIR SPONSORSHIP
OF SAID PROGRAM.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
35 September 9, 1997
15.16 AMEND SECTION 2 OF R 97-394 -- FOR BIDS FOR PAINT AND PAINT
SUPPLIES TO CITY DEPARTMENTS -- DELETE SHERWIN WILLIAMS FOR
CONTRACT DEFAULT -- ACCEPT BID OF O-GEE PAINT COMPANY.
RESOLUTION NO. 97-583
A RESOLUTION AMENDING SECTION 2 OF RESOLUTION NO. 97-
394, ADOPTED JUNE 9, 1997, WHEREBY BIDS WERE ACCEPTED
FROM VARIOUS VENDORS FOR THE FURNISHING OF PAINT
AND PAINT SUPPLIES TO CITY DEPARTMENTS, IN A TOTAL
AMOUNT OF $57,850.00, THEREBY DELETING SHERWIN
WILLIAMS COMPANY, FOR CONTRACT DEFAULT, AND
ACCEPTING THE BID OF O-GEE PAINT COMPANY, THE NEXT
LOWEST RESPONSIBLE AND RESPONSIVE BIDDER;
AUTHORIZING THE CITY MANAGER TO NULLIFY SAID
CONTRACT BETWEEN THE CITY OF MIAMI AND SHERWIN
WILLIAM COMPANY; FURTHER 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.
15.17 CONFIRM ELECTION OF INDIVIDUALS TO SERVE AS MEMBERS OF
OVERTOWN ADVISORY BOARD.
RESOLUTION NO. 97-584
A RESOLUTION CONFIRMING THE ELECTION OF CERTAIN
INDIVIDUALS TO SERVE AS MEMBERS OF THE OVERTOWN
ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
----------------------------------------------------------------------------------------------------------------
16. RATIFY / APPROVE / CONFIRM SOLE SOURCE FINDING -- WAIVE
SEALED BID PROCEDURES -- APPROVE ACQUISITION OF COMPUTER
SOFTWARE MAINTENANCE AND SUPPORT SERVICES FROM
ATTACHMATE -- ALLOCATE FUNDS $29,000. FROM ACCT.
001000.261301.6. 670.
Commissioner Plummer: I move item two.
Mayor Carollo: We are now in item two. It's been moved by Commissioner Plummer.
Commissioner Plummer: Four -fifths.
Mayor Carollo: Second by Vice Mayor Regalado. Is there any further questions or discussion
from the Commission?
36 September 9, 1997
Vice Mayor Regalado: No.
Mayor Carollo: Hearing none, all in favor signify by saying "aye."
Vice Mayor Regalado: It's a resolution.
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-585
A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF SOLE SOURCE, WAIVING THE REQUIREMENTS
FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE
ACQUISITION OF COMPUTER SOFTWARE MAINTENANCE AND SUPPORT
SERVICES FROM ATTACHMATE, THE SOLE SOURCE PROVIDER, FOR THE
INFORMATION TECHNOLOGY DEPARTMENT, AT A FIRST YEAR COST NOT
TO EXCEED $29,000, WITH THE OPTION TO EXTEND FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS, WITH YEARLY MAINTENANCE COST
INCREASES NOT TO EXCEED 4% PER UNTIL ALLOCATING FUNDS
THEREFOR FROM ACCOUNT NO. 991000.261301.6.670; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE PURCHASE ORDER(S) FOR SAID PURPOSE.
(Here follows body of resolution_, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Wifredo Gort
NOTE FOR THE RECORD: Although absent during roll call,
Commissioner Gort requested of the Clerk to be shown in
agreement with the motion.
37 September 9, 1997
-- ---------------------------
RATIFY / APPROVE / CONFIRM SOLE SOURCE FINDING -- WAIVE
SEALED BID PROCEDURES -- APPROVE ACQUISITION FROM PHYSIO
CONTROL CORPORATION FOR LIFEPAK DIAGNOSTIC CARDIAC
MONITORS AND DEFIBRILLATORS PACEMAKERS FOR FIRE -RESCUE
DEPARTMENT -- ALLOCATE FUNDS $105,075. FROM DADE COUNTY
EMS GRANT PROJECT 104011.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Move item three.
Mayor Carollo: It passed unanimously with the tour votes that were up here. Item three...
Vice Mayor Regalado: Second.
Mayor Carollo: ... has been moved by Commissioner Plummer, second by Vice Mayor
Regalado. Is there any further discussion on this item or any questions?
Commissioner Plummer: Requiring four -fifths vote.
Mayor Carollo: Hearing none, all in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays." It passes with four votes that were present.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-586
A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS
FOR COMPETITIVE BIDDING PROCEDURES AND APPROVING THE
ACQUISITION OF TWO (2) LIFEPAK 11 DIAGNOSTIC CARDIAC MONITORS
AND 13 DEFIBRILLATORS/PACEMAKERS FROM PHYSIO CONTROL
CORPORATION FOR TH DEPARTMENT OF FIRE -RESCUE; ALLOCATING
FUNDS THEREFOR, IN THE AMOUNT OF $105,075.00, ,FROM DADE COUNTY
EMS GRANTS PROJECT NO. 104011; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR SAID ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City .
Clerk.)
38 September 9, 1997
Upon being seconded by Vice Mayor Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Wifredo Gort
NOTE FOR THE RECORD: Although absent during roll call,
Commissioner Gort requested of the Clerk to be shown in
agreement with the motion.
-------- 7-------------------------------------------------------------------------------------------------------
18. RATIFY / APPROVE / CONFIRM SOLE SOURCE FINDING -- WAIVE
SEALED BID PROCEDURES -- APPROVE ACQUISITION FROM
MOTOROLA, INC. FOR FIRE STATION ALERT SYSTEMS -- FOR FIRE -
RESCUE DEPARTMENT -- ALLOCATE $75,617 FROM DADE COUNTY
EMS GRANT PROJECT 104011.
Commissioner Plummer: Move item four.
Mayor Carollo: Item four has been moved by Commissioner Plummer.
Vice Mayor Regalado: Second.
Mayor Carollo: Second by Vice Mayor Regalado. Any further discussion on this item?
Commissioner Plummer: Also four -fifths vote.
Mayor Carollo: Hearing none, all in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes with the four votes that were present here.
39 September 9, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-587
A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF SOLE SOURCE, WAIVING THE REQUIREMENTS
FOR COMPETITIVE BIDDING PROCEDURES AND APPROVING THE
ACQUISITION AND INSTALLATION BY MOTOROLA, INC. OF PHASE II OF A
FIRE STATION ALERTING SYSTEM AT 13 LOCATIONS FOR THE
DEPARTMENT OF FIRE -RESCUE, ON A LEASE/PURCHASE BASIS FOR A
PERIOD OF FIVE YEARS, AT AN ANNUAL COST OF $75,617.00; ALLOCATING
FUNDS THEREFOR FOR THE FIRST YEAR FROM DADE COUNTY EMS
GRANTS PROJECT NO. 104011 AS FOLLOWS; ACCOUNT CODE NO. 280549-840
($29,990.00), ACCOUNT CODE NO. 280545-840 ($34,990.00), AND ACCOUNT
CODE NO. 280551-840 ($10,637.00); AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR SAID ACQUISITION.
(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 Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Wifredo Gort
NOTE FOR THE RECORD: Although absent during roll call,
Commissioner Gort requested of the Clerk to be shown in
agreement with the motion.
40 September 9, 1997
-- -------------------------------------------------------------------------------------------------------------
19. (A) RATIFY / APPROVE / CONFIRM SOLE SOURCE FINDING --
WAIVE SEALED BID PROCEDURES -- INCREASE BILL GIVENS
AND ASSOCIATES CONTRACT FOR POLICE PARKING GARAGE
STRUCTURAL REPAIRS -- ALLOCATE FUNDS $4,500 FROM CIP
PROJECT 312015.
(B) COMMENTS RECOGNIZING FINE WORK OF POLICE
DEPARTMENT.
(C) COMMENTS RECOGNIZING OUTSTANDING CONTRIBUTION
OF CITY UNIONS IN SAVE THE CITY CAMPAIGN.
Commissioner Plummer: I move item five.
Mayor Carollo: Item five has been moved. It's been seconded by Commissioner Gibson. Is
there any further discussion on this particular item?
Mr. Manuel Gonzalez-Goenaga: Yes, Mr. Chairman. Mr. Mayor.
Mayor Carollo: Excuse me, but what did you say "Boom -Boom"?
Mr. Gonzalez-Goenaga: No, I am confused. I said, Mr. Chairman, you are Mr. Mayor.
Mayor Carollo: Oh, I am sorry. I thought you said Stern, I kept hearing that name, you know. I
thought the stake was in that vampire already.
Mr. Gonzalez-Goenaga: Well, on item five, regarding the Miami Police Improvement Project,
the structural repairs. I sincerely would like to see human repairs within the Police Department
and I am still waiting for the answer on CA-8, the total amount of money that we have spent to
get a sign of accreditation as of the best Police Departments in the whole United States. That's a
total farse.
Mayor Carollo: Excuse me, what is a total farse, "Boom -Boom"?
Mr. Gonzalez-Goenaga: That being the... a marvelous Police Department. You see...
Mayor Carollo: Well, you know, "Boom -Boom"...
Mr. Gonzalez-Goenaga: Well, I do...
Mayor Carollo: ... that one I can't let go by. We have..
Mr. Gonzalez-Goenaga: Well, you have improved a lot. No, definitely.
Mayor Carollo: We have one of the best Police Departments in the country. Yes, we do. Now,
is it perfect? No.
Mr. Gonzalez-Goenaga: No...
Mayor Carollo: No one is perfect. There are no perfect Police Departments, but we have one of
the best Police Departments in the country, in every aspect that you can look at it. And, what
41 September 9, 1997
might have been in the past, I assure you it's no longer that way. It's a professionally run Police
Department by a professional Police Chief. It's being run with the admiration of all our citizens
and the admiration of people across the world that come here to learn from us. Not only that, but
the City of Miami Police Department in the last year, has been able to do what few cities in
Florida have been able to do. And, that's to lower the crime rate by 18 percent. And, that's the
reason why Washington when they recently awarded police positions for the next three years that
they are going to pay 50 percent of those positions. They awarded 195 positions to the whole
State of Florida, all the different cities in Florida. Out of those 195 positions that Washington
awarded, the City of Miami Police received 102 where they were not only just going to pay 50.
percent, they are going to pay 100 percent of the cost of hiring those 102 new police officers for
the next three years. And, that was only done because of the outstanding work that those men
and women of the Miami Police Department have been doing. So, I appreciate your comments
but, I apologize, I had to differ with you. Thank you, "Boom -Boom."
Mr. Gonzalez-Goenaga: And, I'd love to see more of those policemen in the street.
Vice Mayor Regalado: Mr. Mayor, if I might add something regarding the City of Miami Police
Department. And, I am very proud, and I am sure that the City of Miami is also very proud that
one of the fine members of the City of Miami Police Department, Lieutenant Garcia from
Wynwood has been selected to train members of the Police Department in Peru and Ecuador and
we should be very proud that he is, I think the only from Florida that have been chosen by the
United States State Department. And, they recognize how good we are and we are proud of him
and the Police Department.
Mayor Carollo: We certainly are and that's another prime example of the kind of Police
Department that we have and the kind of men and women that we have working in the Police
Department. While we are still on that subject, if I may acknowledge that are here,, three
individuals that, you know, deserve a lot of thanks from Miami. And, that's Tom Gabriel, the
president of the Firefighters Association. We have the vice president of the Fraternal Order of
Police, Armando Aguilar. We have Charlie Cox, the president of the General Employees
Association of Miami.
Commissioner Gort: I don't know about Charlie. I don't know if he worked that hard to...
Mayor Carollo: I don't know if Tony Rodriguez is here, the president of the F.O.P. (Fraternal
Order of Police). Will he be here later today, Armando?
Mr. Armando Aguilar: No sir, he couldn't make it. He has an illness in the family.
Mayor Carollo: OK, how is the wife doing? Is she better, I hope?
Mr. Aguilar: Yes, she is.
Mayor Carollo: Thank God. But, we would like to acknowledge in particularly these three
gentlemen that are here along with Tony Rodriguez who is not here for the outstanding job that
they did in organizing the City employees, unlike I have ever seen them organized before. In
organizing the residents of Miami that were volunteering to help to save their City. And, the
only reason that we were able to achieve the huge margin of victory that we were able to achieve
from Miami in great part, is thanks to the job that these gentlemen did in helping organize that
campaign. We are very proud of you and we are very grateful to you. Thank you.
Commissioner Gort: Mr. Mayor, I would like to show us voting positive on two, three and four.
Mayor Carollo: Excuse me?
42 September 9, 1997
0
•
Commissioner Gort: I would like to be shown as voting in favor on two, three and four.
Mayor Carollo: Yeah. OK, very good. Any other items that we need to address or pull from the
consentagenda?
Commissioner Plummer: I moved it.
Mayor Carollo: That's right. Yeah, I am sorry, we are in...
Police Chief Warshaw: Item five.
Mayor Carollo: ... item five.
Commissioner Gort: Second.
Commissioner Gibson: Second.
Mayor Carollo: That's been moved, seconded.
Commissioner Plummer: Right.
Mayor Carollo: Plummer is awake this morning. That's good.
Commissioner Plummer: That's right, long before you got here.
Mayor Carollo: Yeah, that's why you clunk out a lot sooner than I do. Anyway, hearing no
further discussion on this item, all in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It's approved.
43 September 9, 1997
•
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-588
A RESOLUTION (Pending the Law Department.)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
20. PERSONAL APPEARANCE: GRANT IVAN FERNANDEZ' (COCONUT
GROVE CHAMBER OF COMMERCE) REQUEST FOR NOISE ORDINANCE
WAIVER FOR HALLOWEEN EVENT AT PEACOCK PARK.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: We are now in the personal appearance section. Personal appearance, item
number six. This is an item requested by Commissioner Gort for Mr. Ivan Fernandez, president
of the Coconut Grove Chamber of Commerce. Ivan, thank you, for being here and to show you
how far former City of Miami police officers go, Ivan, not only is an attorney now, but he is also
the president of the Coconut Grove Chamber of Commerce.
Mr. Ivan Fernandez: Mr. Mayor, thank you, very much and good morning. Good morning,
Vice Mayor and members of the Commission. Before I go on to the item, I have got to say that I
too, am very proud of our Police Department. I know that as president of the Coconut Grove
44 September 9, 1997
Chamber of Commerce, I speak for our board of directors in saying that we could not get better
service from any other Police Department in this nation. Even if they were here instead of our
Police Department. The staff of the department and the men and women are just fantastic. We
hope to never lose them from Coconut Grove and from our Chamber. And, thank you all very
much for helping us. My name is Ivan Fernandez, I am the president of the Coconut Grove
Chamber of Commerce. Our offices are at 2820 McFarlane Road. We are hear this morning to
request that the Commission waive a noise ordinance requirement for an event that we are
planning at Peacock Park for October 31st, Halloween night. We, at the Chamber were
approached by Paxton Communication and Public Events services to organize the chaos that
occurs on Halloween in Coconut Grove on a regular basis. I am sure that all of you know that
for the past several years, crowds of people come to Coconut Grove and just take over the streets
and create a tremendous chaos. The Chamber tried to organize this about three years ago, and
we did our best but we lost money. We weren't successful enough to make it work properly. I
know the City spends fifteen, twenty thousand dollars ($20,000) in resources every year trying to
manage this event. The event that we are planning would involve a party at Peacock Park with a
band with sponsors. The Peacock Park would be fenced in. We will close off McFarlane Road
from approximately Main Highway to Mary Street. We would charge admission...
Commissioner Plummer: Wait, wait a minute. Say that again, from where to where?
Mr. Fernandez: Actually, it's McFarlane Road and Bayshore Drive, that's what we will close.
From Mary Street to just as it approaches Main Highway. It will be about 100 feet from Main
Highway.
Commissioner Plummer: OK.
Mr. Fernandez: The idea is to funnel all of the party goers to that area. Keep Main Highway
clear. We will charge admission to Peacock Park and we will have sponsors who will help us
defray some of the cost of the event. Part of our request includes a request to sell alcoholic
beverages at the event. Some of these sponsors will provide substantial numbers of dollars. Of
course, all of that will be controlled. No alcoholic beverages will be sold in the park. That sale
would take place on the island which is the extension of McFarlane Road. So, the park would
not be the allocation for the sale of alcoholic beverages. All fees will be paid by us, we are not
asking for waiver of any fees. And, we are willing to defray the cost of the City of Miami Police
Department of police services to be provided in the Coconut Grove village area.
Commissioner Gort: I move for it.
Commissioner Plummer: Second.
Mayor Carollo: There is a motion, there is a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays." It passes.
Mr. Fernandez: Thank you, very much.
Mayor Carollo: Thank you, very much.
45 September 9, 1997
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-589
A RESOLUTION (Pending the Law Department.)
(Here follows body of resolution, omitted here and on file in the Office of .the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
21. (A) PERSONAL APPEARANCE: GRANT IVAN FERNANDEZ'
(COCONUT GROVE CHAMBER OF COMMERCE) REQUEST FOR
WAIVER OF SPECIAL EVENT APPLICATION FOR STREET
CLOSING FOR SLOPPY JOE'S RESTAURANT OPENING,
SUBJECT TO COCONUT GROVE STANDING FESTIVAL
COMMITTEE APPROVAL.
(B) DISCUSS FREQUENCY AND NOTIFICATION OF MEETINGS OF
COCONUT GROVE STANDING FESTIVAL COMMITTEE.
Mayor Carollo: Item number seven.
Commissioner Gort: It's the same thing.
Mr. Fernandez: If I may just remain? This is a request to waive the standard 120-day
application period prior to an event. The event that we have in mind here is the closing of
Commodore Plaza to celebrate the grand opening of Sloppy Joe's on September 20, 1997.
46 September 9, 1997
rI
0
Commissioner Plummer: Has this gone before the Standing Festival Committee?
Mr. Fernandez: We have polled the Standing Festival Committee because we did not have an
opportunity...
Commissioner Plummer: The chairman is here.
Mr. Fernandez: ... to appear before them. And, it is our understanding that we have favorable
consideration from them.
Commissioner Plummer: The chairman is here. What is the recommendation of the committee?
Mr. Ted Stahl: It hasn't been brought up before our committee.
Mr. Fernandez: No, we have polled the members. And, it's our understanding that...
Commissioner Plummer: Polling is illegal.
Commissioner Gort: Why don't you move it, subject to approval of the committee?
Commissioner Plummer: That's it. We will move it subject to the Standing Festival
Committee's approval.
Vice Mayor Regalado: Wait, wait, wait. The committee...
Commissioner Gibson: If administration approves.
Vice Mayor Regalado: ... has not met.
Commissioner Plummer: Subject to.
Vice Mayor Regalado: I was told that the committee... As a matter of fact, this Commission
appointed me to that committee. I have never been called to a meeting, I don't know why. Mr.
Chairman.
Mr. Stahl: With all due respect to Vice Mayor Regalado, we... Our meetings are every first
Tuesday of every month. And, I think your office was informed of that, sir.
Vice Mayor Regalado: No, sir. The first meeting after my appointment, you were told that at
that time I was on the air, that's my radio program.
Mr. Stahl: Yes, sir.
Vice Mayor Regalado: That, I could not attend and that I wished to be accommodated to attend.
And, after that, I guess during August, you did not meet.
Mr. Stahl: We have a meeting tomorrow evening, sir. And, we are going to discuss this
particular item.
Commissioner Plummer: But, what? Ted, what he is saying is, what time are your meetings?
Mr. Stahl: Six o'clock.
47 September 9, 1997
Commissioner Plummer: And, you are off the air at?
Vice Mayor Regalado: At six o'clock.
Commissioner Plummer: Can you delay your meeting until six thirty, to accommodate the Vice
Mayor?
Mr: Stahl: Certainly.
Vice Mayor Regalado: I can be here at six o'clock.
Mr. Stahl: We prefer to have them at six thirty.
Vice Mayor Regalado: No, I have no problem in being here at six o'clock. It's just that the first
time we asked to change the time, but it cannot be done.
Mr. Stahl: Well, we have several things to go on before you arrive, sir. We could go ahead and
do those and when you arrive we could give you our time to...
Vice Mayor Regalado: Well, I don't... You know, I don't have a problem but what I am
concerned is that we delay this issue because it has not been brought to the committee and you
know, they cannot wait for a decision to make some arrangement. I mean, September 20th, is
just around the corner and to prepare for a celebration like this, my concern is that it will get
tangled in discussion and somebody will try to defer and we will meet on September 21st.
That's my only concern. So, I mean, I don't have to be here tomorrow. If I... I am just
expressing the fact, that because your committee have to listen to all the details that they will
bring to you, I am afraid that it will be delayed and they do need to leave right here, right now,
being certain that they can start for a celebration of that sort.
Mr. Stahl: Commissioner Regalado, L.
Commissioner Gibson: May I?
Mayor Carollo: All you guys now are going to have to be quiet because we are going to hear
from the lady of the Commission.
Commissioner Gibson: No, I just want to...
Mayor Carollo: Commissioner Gibson.
Commissioner Gibson: I want to move that we waive having to go through that committee
before this is approved because I went to the administration briefing and they have approved this
because they were satisfied with what they read. So, I would like to move that we waive this
second step.
Vice Mayor Regalado: Second.
Commissioner Plummer: Well, you know, you put me in a bad position, all right. That
committee, Thelma, was formed for the purpose of the residents of Coconut Grove. There was a
reason for it. I don't think there will be any problem and I would hate to start waiving that now
because once you do, you have opened the door to many, many other people who come down
here who have done it. I would ask my colleagues to better consider a motion that says, subject
to approval of the Standing Festival Committee. I don't think there will be any problem at all in
any way, shape or form.
48 September 9, 1997
Vice Mayor Regalado: But, you don't know because you said the polling was illegal, J.L.
Commissioner Plummer: No, no. Polling, polling was illegal.
Mayor Carollo: Well, if I may add the following provisions so that everyone could be satisfied.
The only reason this is coming up, is because we normally have the rule that you have to submit
this 120 days prior...
Commissioner Plummer: Correct.
Mayor Carollo: ... and Sloppy Joe's just opened up a few days ago. So, this is because it's
brand new restaurant. A restaurant, that is going to help tremendously to bring back alive
Commodore Plaza. So, if we want to approve it now with that provision, that it's because it's a
grand opening of a brand new restaurant that wasn't around to be able to submit that application
for the 120 days, I think it will accomplish what you rightly so, Commissioner Plummer, have
suggested.
Commissioner Plummer: Mr. Mayor, if I may? If I could couch a motion that says that we...
subject to the approval of the Standing Festival Committee, with the intention that the five
members of this Commission feel that it is a good item for this area. I think the Standing
Festival Committee will understand and I would much prefer to have it that way than open up
the door to set a precedent.
Mayor Carollo: Yeah, that's fine. If there are any problems we could always call a Special
Commission meeting.
Commissioner Gibson: Let me rescind my motion, then...
Vice Mayor Regalado: At 7:00 a.m.
Commissioner Gibson: ... so that it gets off the record.
Mr. Sky Smith: Gentlemen, if I might, very quickly? I am Sky Smith.
Commissioner Plummer: Just to keep the faith.
Mr. Smith: We have three of the five members present in the Commission at this moment. All
five of us are meeting tomorrow evening at six o'clock. I can assure you, my impression is it's
going to pass swimmingly without a problem. If you want to vote on this subject to our formal
approval tomorrow night, in keeping... we will be happy to entertain it. And, I assure you, this
is going to pass. We have three of the members right here. We are all giving each other
endorsements.
Commissioner Gibson: OK.
Mayor Carollo: Very good. Who are the other two members, to refresh my memory?
Mr. Smith: One is, some guy by the Jack King. I have heard his name and the other one is Glen
Diston.
Mayor Carollo: My... Glen, what?
Mr. Smith: Glen Diston. He operates a copy service on Grand Avenue.
49 September 9, 1997
•
•
Mayor Carollo: OK, OK. In tact, my appointment, it's up, that I have to make soon.
Mr. Smith: OK. Thank you.
Commissioner Plummer: Those are the ones that wanted to bury the City, right?
Mayor Carollo: All right. There is a motion, there is a second. All in favor signify by saying
"aye."
The Commission (Collectively): Aye.
Mayor Carollo: OK, we are now in...
Mr. Hernandez: Thank you, very much, Mr. Mayor.
Mayor Carollo: Thank you.
The following resolution was introduced by Commissioner Gibson, who moved its adoption:
RESOLUTION NO. 97-590
A RESOLUTION (Pending the Law Deparment.)
(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 Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
50 September 9, 1997
----------------------------------------------------------------------------------------------------------------
22. PERSONAL APPEARANCE: GRANT RINGO .CAYARD'S REQUEST FOR
FUNDING REALLOCATION TO HAITIAN AMERICAN FOUNDATION,
INC. (HAFI) FROM CDBG FUNDS -- SEE LABEL 27.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: We are in item eight. Ringo, go ahead.
Mr. Ringo Cayard: Good morning, Mayor and ladies and gentlemen of the Commission. I like
your dress, by the way. Ringo Cayard, Haitian -American Foundation, 8380 Northeast 2nd
Avenue. We have been funded by the City of Miami.
Commissioner Plummer: What Avenue?
Mr. Cayard: Northeast...
Commissioner Plummer: Oh.
Mr. Cayard: ... 2nd Avenue. We have been funded by the City for quite some time and lately
there was a Haitian agency that have been defunded for. I think, taxpayer purposes or some
economic reasons. What's taking place is that the people they were serving are coming to our
agency since we are the only other agency that would provide counseling for families and deal
with crime in the neighborhood. And, we were funded also by Metro Dade to do so. So, as a
result, we have been having an overload and overflow of people. We had to hire some new staff
in order to face the situation. Because, growing in the Caribbean, most of us got some good
spanking when we were young, but over here it does not work that way. If you got some pretty
hard spanking, you go in front of the court and most of the time you end up losing your children,
and that's what's been happening. It takes time to educate the people.
Commissioner Plummer: Ringo, has the other organization gone out of business?
Mr. Cayard: Yes, they did.
Commissioner Plummer: OK. They were the ones who owed everyone money?
Mr. Cayard: They owed, yes, quite a few people.
Commissioner Plummer: OK, HACAD. (Haitian American Community Association of Dade)
Have they paid their bill at Miami Dade Junior College?
Mr. Cayard: I don't know about that.
Commissioner Plummer: Well, because they got the long arm, the... out for the dollars. As you
know, in the consortium, we defunded them.
Mr. Cayard: HACAD?
Commissioner Plummer: The Haitian organization that owed all the money down at the Miami
Dade Junior College for the training program.
Mr. Cayard: Oh, no, no, no. That's a different one.
51 September 9, 1997
Commissioner Plummer: OK. I am just...
Mr. Cayard: No, no, no. That's a different one.
Commissioner Plummer: All right.
Mr. Cayard: This one is HACAD. They were not funded by the consortium.
Commissioner Plummer: OK, how much money are we talking about, Mr. Manager?
Mr. Elbert Waters (Interim Director/Community Development Dept.): Good morning, Mr.
Mayor and members of the Commission. The reallocation request is for seventy thousand seven
hundred and fifty dollars ($70,750) from our 23rd year Community Development Block Grant
program. These funds were previously allocated to HACAD, the Haitian American Civic
Association. And, on August 27th the staff and also Mr. Cayard went before the Citywide CD
(Community Development) Advisory Board requesting for the reallocation, and that board
recommended unanimously in support of this proposal.
Commissioner Plummer: And, what are these monies going to be used for?
Mr. Waters: The monies... What we are interested in doing, is, preparing a scope of services for
this program through the organization of Mr. Cayard and therefore to increase the quality of
services that are going to be provided in that area which we define as the Little Haiti area.
Commissioner Gort: My understanding is, what you are doing is, you are taking the funding that
was given to one agency that can no longer perform and transferring to an agency that will be
able to perform.
Mr. Waters: Yes, sir. Yes, sir.
Commissioner Gort: So, what you are saying...
Commissioner Plummer: But, it's for a different purpose than what was previously.
Mr. Bert: For the same purpose.
Commissioner Gort: Same purpose.
Commissioner Plummer: Same purpose?
Mr. Waters: Same purpose.
Commissioner Gort: OK.
Commissioner Plummer: QK. Move it.
Mayor Carollo: Do you recommend this, Ringo?
Mr. Cayard: I have to ask, J.L., first. You know how it is. Of course, Mr. Mayor, yeah, you
have been really helpful and you know what we have been doing.
Commissioner Plummer: Move to deny.
52 September 9, 1997
Mr. Cayard: I should have cut my tongue. But, we have one small problem. The whole
situation start happening four months ago. And, since the people were coming, we had to go and
take a line of credit from Barnett Bank. Of course, at 14 percent, they don't give you nothing,
and we extend that. So, talking to administration, we were asking them if they could make some
arrangement for us to... well, instead of receiving it in the whole year, the, money that we have
spent, if you could help us out with that. Otherwise, we are going to be facing that 14 percent
and we could not have turned the people down because they just come there. We had to appear
in front of Judge Cohen, who is in the Criminal Justice and she had meetings at our agency
whereas we have to do something for the people with that kind of situation, helping the kids to
go to school and telling the people, the parents, not to beat the kids and men beating women or
women beating men. We had to basically go and counsel them. So, all that take some kind of
staff to do so.
Mayor Carollo: Well, now you got J.L.'s interest. But, anyway, there is a motion, there is a
second by Commissioner Gibson. Is there any further discussion? It's recommended by the
administration. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays." It passes, gentlemen. Thank you.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-591
A RESOLUTION (Pending the Law Department.)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Mayor Joe Carollo
NAYS: None.
ABSENT: Vice Mayor Tomas Regalado
53 September 9, 1997
Mayor Carollo: We are on item number nine. Mr. Gregory Simpson:
Commissioner Plummer: He is not here.
Mayor Carollo: He is not here. OK.
NOTE FOR THE RECORD: There was a no appearance on Item
9.
----------------------------------------------------------------------------------------------------------------
23. (A) DISCUSS / TABLE TO LATER IN MEETING PERSONAL
APPEARANCE: LUCIA DOUGHERTY REQUESTING ISSUANCE
OF REVOCABLE PERMIT FOR VALET PARKING AT MAYFAIR --
SEE LABEL 56.
(B) BRIEF ' DISCUSSION REGARDING AFRO-AMERICAN
REPRESENTATION ON COCONUT GROVE PARKING ADVISORY
BOARD.
(C) COMMISSIONER PLUMMER COMMENTS ON RIGHT OF PUBLIC
TO SIT ON OUTDOOR SIDEWALK CAFE TABLES / CHAIRS.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: OK, we are now in item number ten. Lucia.
Ms. Lucia Dougherty: Good morning, Mr. Mayor and members of the Commission. Lucia
Dougherty with offices at 1221 Brickell Avenue. Here today representing Mayfair and Lennar,
which I don't have to tell you has put about fifty million dollars ($50,000,000) into the
renovation of this project of late.
Mayor Carollo: And, you know, they have done an excellent job. Mayfair, now is opened up to
the public in a way that if it would have been like that from day one, what a difference it would
have make, you know. It's really bringing Coconut Grove alive and I compliment Mayfair for
what they have done. It's beautiful.
Ms. Dougherty: We thank you. Arden Carson is with me today with Mayfair as well as Jay
Miller from Steiner and Associates who is mostly responsible for this renovation. Anyway,
before... part of this renovation is taking the garages which were essentially valet parking
garages and turning them into self-service. But, we still think it's important to many of your
upscale restaurants and other services there to have valet services. And, for about four years, we
had valet services in an area which was a designated loading zone. We, in fact, went and got a
permit and carved out an area for a loading zone. About a year ago, the Off -Street Parking
Authority came and they put parking meters in that loading zone requiring us to do valet services
in the middle of the street in Florida Avenue. The City at some point said, this is something that
we can it condone, we don't like it, it's causing congestion. Because, you are actually doing the
valet service in the middle of the street. So, we wanted to go back and we do want to go back to
the arrangement that we had before and in fact, we had a challenge, a valet service challenge
with the NET (Neighborhood Enhancement Team) Administrator for about two weeks. We went
back to the old way, we bagged the meters, we paid the Off -Street Parking Authority for the
amount of money it would cost for the meters. Everybody said that this was a good operation.
Our neighbors, in fact, Tucker Gibbs is here and he can testify as to the neighbors reaction to the
54 September 9, 1997
methodology of this kind of valet parking and it worked out just fine. We would like to go back
to that operation on a temporary basis, on a revokable basis. In other words, you can revoke this
at any time you feel that this is not a valid methodology of serving the public. And, this is also
during a period of time when you are considering and actually studying taxis, valet services and
bus services in Coconut Grove. And, why not have an actual operation to study while you are
going through. with this new ordinance. So, we would ask you to please permit us to have a
revokable permit to operate this valet service on Florida Avenue for the Mayfair. Thank you.
Commissioner Plummer: Where is Clark Cook?
Vice Mayor Regalado: Lucia, if I can ask you? I am totally in favor of the system that you are
asking but, as one that goes frequently to Coconut Grove, and the parking there, we all know that
it's very difficult, if not impossible. And, I was thinking, the other day, if, like in these cases,
valet parking. Why don't you use the parking sides around here and have the valet drivers use
golf carts and you would alleviate a lot of parking in... right in the middle of Coconut Grove. I
think that the possibilities of using parking around here and the Coconut Grove Convention
Center parking has to be considered.
Ms. Dougherty: That's an excellent thought. Absolutely. One of the places we do rent is 5250
Mary Street. We also rent the Coconut Grove Bank parking lot in the evening. So, you are
absolutely right. There are plenty of places that we could service with this valet service.
Mayor Carollo: OK, before we proceed...
Ms. Dougherty: And, I have Tucker Gibbs here, who can
Mayor Carollo: ... with Tucker, let me get the ladies first. Mrs. Ambrister, you wanted to
address the Commission? Esther, thank you for all your help on behalf of the City of Miami.
We really appreciate it.
Ms. Esther Mae Armbrister: I, beg your pardon?
Mayor Carollo: Thank you, for all you help on behalf of the City of Miami. We appreciate it.
Ms. Armbrister: Well, I am... At my age, I don't think I am going any place. So, I am going to
have to try to help you keep straight. Thank you.
Mayor Carollo: You do that, thank you.
Ms. Armbrister: Mr. Mayor, Commissioners and others. My name is Esther Armbrister. I live
at 3350 Charles Avenue. I have been there for the past 50 years. My problem, my
misunderstanding, it's possible it's a misunderstanding. But, there have been people who have
asked me and I talked to'them too, about the Off -Street Parking Committee. I noticed last year...
I know you have been having problems and all this sort of good stuff. But, I noticed last year
that some of the Commission had selected their person to represent them on the Off -Street
Parking. And, I don't think it has been completed. If so, I don't anything about it. So, I since I
don't know anything about it, I have been asking from one person to another and especially poor
Mr. Cook. I guess he is dodging me now. But, I would like to know if you have a Black person
on there to represent West Grove or whatever Grove we are now. And, I understand...
Commissioner Plummer: Well, you are speaking of two boards, by the way.
Ms. Armbrister: I beg your pardon.
55 September 9, 1997
Commissioner Plummer: You are speaking of two boards. The first board is the board of Off -
Street Parking which is appointed by this Commission. That's the one downtown. Then there is
a second board of the parking, Jack, help me out. This is the parking board that...
Unidentified Speaker: Advisory Board.
Commissioner Plummer:... Advisory Board.
Unidentified Speaker: For the trust fund, yes.
Ms. Armbrister: Yes.
Commissioner Plummer: And, I think without question there were people from West Grove on
that Advisory Board. Am I wrong?
Unidentified Speaker: No, you are right.
Commissioner Plummer: Oh, OK. That's on the Advisory Board.
Ms. Armbrister: OK, I hate to say this, but I am going to have to say this. But, he is White, he
isn't Black and he doesn't live in the Black area. I don't know whether I am wrong in saying
this, but I don't think I am.
Commissioner Plummer: How did...?
Mr. Clark Cook: Would you like me to answer, Commissioner?
Commissioner Plummer: Yeah, please, let's get out of here.
Mr. Cook: Clark Cook, I am the Executive Director of Miami Parking System. What Mrs.
Armbrister is talking about is the committee that the Commission appoints on recommendation
from the Chamber of Commerce and recommendation from the Coconut Grove Council. The
Coconut Grove Council has not made a recommendation for that and Mr. Tucker is behind Mrs.
Armbrister. The last time that they appointed, if Mr. Tucker was to put someone from the West
Grove on there, it would certainly resolve the problem very nicely. The Commission simply
draws off those lists.
Ms. Armbrister: By the way, Mr. Gibbs just told me a few minutes ago that they are the people
in charge. I nearly used one of my phrases. And, that it had not completed and that they are
meeting tonight. We need representation from our particular area in Coconut Grove to see that
something is done. Now, Mr. Cook has been doing the very best that he could with what he had
and how he could do it. But, something else needs to be added. Sorry, Mr. Cook, but that's it.
So, you take that for the next...
Commissioner Gibson: I thought you were on that board, Ms. Armbrister?
Ms. Armbrister: I beg your pardon?
Commissioner Gibson: I thought you were on that advisory board.
Ms. Armbrister: I was a Commission appointment. But, I don't know who did it, but they did it.
And, besides...
Commissioner Gibson: But, you are there.
56 September 9, 1997
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Ms. Armbrister: I beg your pardon?
Commissioner Gibson: You are there, aren't you?
Ms. Armbrister: I am there but they are...
Commissioner Gibson: Then you are from the West Grove.
Ms. Armbrister: But, not anymore.
Commissioner Gibson: Oh, not anymore.
Ms. Armbrister: I am trying to find out who is.
Commissioner Gibson: Oh, oh. Well, do I have an appointment to that? I can reappoint Ms.
Armbrister.
Ms. Armbrister: Tucker said he can clarify it.
Commissioner Gibbs: I used to be on that years ago. But, I stopped...
Mayor Carollo: If someone could pull that list for Commissioner Gibson so she could have it for
this afternoon? Mr. Clerk, make sure Commissioner Gibson has that list for the afternoon.
Mr. Walter J. Foeman (City Clerk): I am calling now, Mr. Mayor.
Mayor Carollo: Thank you.
Commissioner Gibson: Thank you.
Ms. Armbrister: That's it. Thank you, I just wanted to know.
Mayor Carollo: Thank you, Esther.
Ms. Armbrister: Thank you.
Mayor Carollo: All right, Tucker.
Mr. Tucker Gibbs: OK, back on the issue of valet parking on Florida Avenue. I spoke with
Ursula Hughes who is the... who lives at Grove Square Condominiums and she is probably the
activist on Florida Avenue who has been concerned about valet parking, concerned about traffic.
I spoke to her yesterday. She, as Lucia spoke about, she has concerns about loading and
unloading in the middle of the street. That's her big concern. She would prefer to have this
revokable license granted to Mayfair so that Mayfair... so that valet parking can be done
properly, which is off that loading zone. You can bag the meters, get your insurance and the
Off -Street Parking can get their income. And, as a resident she told me that, that's where she
stood on the issue.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, if I might? Before you proceed to
take any action. The proper way to do this, is not by way of a revokable permit. ' You realize that
this was the same problem that you had here downtown, and we advised you, and rightly so at
the time that you needed to pass an ordinance if it was the Commission's will to accommodate
and allow valet parking downtown. So, I would submit to you that if it is the Commission's will
57 September 9, 1997
to allow valet parking to accommodate this area, that we can come back by the next meeting
with an emergency ordinance that would allow for it.
Commissioner Gort: Let me ask you a question.
Commissioner Plummer: I think there is another way to do it.
Mr. Jones: Well, it's going to be illegal. You don't have anything to authorize it. That's my
whole point.
Commissioner Plummer: You haven't heard what I am going to propose. How do you know it's
illegal? My proposal would be, why can't we grant it for a 60-day period? That's not revokable.
Mayor Carollo: Well, that's why he said that.
Commissioner Plummer: No, no. That's not revokable.
Mr. Jones: That's what I am saying.
Mayor Carollo: Because he knew it was coming from you.
Mr. Jones: What I am saying to you, Commissioner, you don't have anything to authorize it
presently. And, the only way to authorize it is to do a code amendment that would allow for it.
This is the same problem you had downtown. So, if you... You know, what's good for
downtown has to be good for the Grove as well.
Commissioner Plummer: What you are saying... Assuming...
Ms. Dougherty: Well, downtown, we were permitted immediately to do it.
Commissioner Plummer: Wait, wait, wait. Assuming that what we want to do it that, I am going
to say to my City Attorney again, and I am getting a little tired of telling my City Attorney.
Don't tell us what we can't do. This Commission feels they want to, tell us how we do it.
Mr. Jones: Commissioner, I am trying to tell you how do it. An emergency ordinance...
Commissioner Plummer: Can you have it this afternoon?
Mr. Jones: ... can do it by...
Mayor Carollo: The law according to Plummer.
Commissioner Plummer: No, I am saying, if we want to do it, let's do it. If we don't want to do
it, let's say forget it.
Commissioner Gort: Bring it this afternoon. Just copy the one downtown.
Commissioner Gibson: But, Mr. Mayor, staff said that Off -Street Parking was studying this
issue.
Ms. Lourdes Slazyk (Assistant Director/Land Dev. & GIS): Yes.
Commissioner Gibson: But, they wanted to do this while the study was going on it.
58 September 9, 1997
Mayor Carollo: Yes.
Commissioner Gibson: I wrote a note at the briefing that staff was studying this and Off -Street
Parking.
Ms. Slazyk: Yes. Besides the fact that the Department of Off -Street Parking is studying it
including the implications of Valet Parking, there are other issues concerned with this particular
request that the department does not have enough information to make a recommendation on.
Mayor Carollo: That's true but, at the same time, if this City of Miami is going to be business
friendly, then we are going to be opening our City so that business can come to Miami instead of
going somewhere else, then we have to start moving quickly, not taking tremendous amount of
time before things are accomplished. I understand what both sides are saying but what I think is
before us, is basically a very reasonable request that the City Attorney will guide us in how to go
about it in a legal manner, so that we can, at any time, until the department comes back with the
actual recommendations, we could revoke any permit that we might give. But, it would be up to
the City Attorney to guide us in the legal procedures that we have to follow.
Vice Mayor Regalado: Well, you are absolutely right, Mr. Mayor. And, not only that, I would
tell you, Mr. City Attorney, that I have done valet parking in the street, and this situation affects
the safety and the lives of the people who are parked in the middle of a street trying to get out of
the car, and you can be killed by a car. So, I am... this, as you bring...
Commissioner Plummer: Well, I am glad I didn't bring it up. It would have been a conflict of
interest.
Vice Mayor Regalado: Well, you know, but the Mayor is right. I mean, we are trying here to
help a business. And, you know, well, no, you won't he killed because it's not... They don't go
that fast. It won't affect you or benefit you. But, I am sure that you will be hurt or at least
scared. What we are doing here is, like the Mayor said, we are trying... We are telling the
people of the world that the best place to do business is Miami and then we go to a meeting, to
another meeting, a Blue Ribbon meeting, a White Ribbon, a Red Ribbon, a Purple Ribbon and
we spend months delaying things. I would move to start valet parking right away. If we cannot
do that because the City Attorney said we can't, well then, tell us what we can do and... But,
how? The question is, how can they start valet parking tonight?
Mr. Jones: Well, let me do this. Let me propose this to you. Let me make a stab at it and try to
get an emergency ordinance for your...
Commissioner Plummer: This afternoon.
Mr. Jones: ... consideration this evening.
Mayor Carollo: Very good.
Ms. Dougherty: Thank you.
Commissioner Plummer: Mr. Mayor, if I may? There was an allegation in one of the local
medias. And, I think the administration needs to once again, inform all of the people in Coconut
Grove or wherever sidewalk tables are permitted, that the denying of any member of the public
to sit without ordering or anything is the removal of their permit to continue that type of service.
Now there was an allegation in the paper, right or wrong, I don't know. But, I think we need to
put them again on notice, that the denying of any member of the public whether they are to
purchase anything or not, is to remove their permit so that they can't say we didn't know and
they weren't warned.
59 September 9, 1997
Mayor Carollo: All right, Mr. Manager.
Mr. Edward Marquez (City Manager): Mr. Mayor, on the last item I just want to get
clarification, a little bit more direction. The ordinance that the City Attorney is being asked to
craft for this afternoon, will include language that this is a permission granted on a temporary
basis until such time as we can get a full blown study in that...
Mayor Carollo: That's correct.
Vice Mayor Regalado: And, to start immediately.
Ms. Dougherty: Thank you very much.
Mayor Carollo: Thank you.
----------------------------------------------------------------------------------------------------------------
24. DENY REQUEST FOR FEE WAIVER FOR USE OF MANUEL ARTIME
CENTER BY DOMINICAN PROFESSIONAL ASSOCIATION -- FURTHER
INSTRUCT CITY MANAGER NOT TO PLACE ON AGENDA REQUESTS
FOR FEE WAIVERS.
Mayor Carollo: We are now in item number 11.
Commissioner Plummer: Eleven. No one here. Twelve.
Mayor Carollo: Item 11, no one is here.
Commissioner Gort: Virgilio Garcia.
Commissioner Plummer: Huh?
Mayor Carollo: Item 11. OK.
Commissioner Plummer: Well, Mr. Mayor, I would assume on our tradition of not breaking and
forming a precedent that we would deny it. That's the recommendation of the administration
and we have consistently denied these things. So, I will make a...
Mayor Carollo: Yes, we have. And, I think you are correct, Commissioner.
Commissioner Plummer: I'll make a motion that this matter be denied, as recommended.
Mayor Carollo: There is a motion for the item 11 to be denied. Is there a second?
Vice Mayor Regalado: Second.
Mayor Carollo: Second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: Passed unanimously. Not only that, but so that we can save time during these
hearings and be able to place additional items on the agenda, I think we need to instruct the
60 September 9, 1997
Manager that in items like this, he needs to be very specific in explaining to the individuals that
are making the request what the policy is of this Commission, across the board. And, we don't
need to be dealing with this here.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-592
A MOTION TO DENY REQUEST RECEIVED FORM DOMINICAN
PROFESSIONAL ASSOCIATION FOR FEE WAIVER REGARDING USE OF
MANUEL ARTIME COMMUNITY CENTER FOR PRESENTATION OF MUSICAL
EVENT TO TAKE PLACE ON DECEMBER 13, 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 Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Commissioner Gort: Let me tell you what I... the way I am handling this. Like, I had a call
from the principal of Jackson High School, they wanted to have an even in one of our parks and
he wanted to waive... he asked me to waive their fee. And, I explained to that there was no way
that we are going to vote for that, so... But, in the meantime, why don't you go ahead and send
me a proposal, get together with Albert Ruder and we will try to get somebody in the private
sector to sponsor it.
Mayor Carollo: Sure. That's the way to do it Commissioner, you are correct.
----------------------------------------------------------------------------------------------------------------
25. PERSONAL APPEARANCE: GRANT FRANK BALZEBRE'S REQUEST TO
HAVE COCONUT GROVE VILLAGE COUNCIL ELECTIONS
CONCURRENT WITH CITY'S GENERAL ELECTION ON NOVEMBER 4,
1997.
Mayor Carollo: We are now in item 12. Frank.
Commissioner Plummer: I have a problem with this one.
Mr. Frank Balzebre: OK. Mr. Mayor, Vice Mayor fellow Commissioners. My name is Frank
Balzabre. I am the election cochair of the Coconut Grove Village Council, here today to request
our election be piggy backed on to your general election, November 4th. We have met with
David Leahy, Elections Supervisor for Dade County, we have his approval. And, we are here to
hear your comments. Go ahead.
61 September 9, 1997
Commissioner Plummer: I have got to be honest with you. And, I don't mind pulling any
punches with you. With the exception of this man here with the bald head, I think all the rest of
your...
Commissioner Gort: He was just trying to be nice to you.
Commissioner Plummer: All the rest of your members or 90 percent of them were out tooth and
nail to demise the City of Miami. Now, why suddenly do they want to join the City if they
wanted to abolish us. And, I tell you something, it bothers me to have these people put their tail
between their legs, talk out of both sides of their mouth. And in fact, I just...
Commissioner Gort: J.L., that's democracy.
Commissioner Plummer: Hey, they have that right, OK. But, I...
Mayor,Carollo: Well, that's democracy. But, you know, Commissioner Plummer is entitled to
his democracy, too.
Commissioner Plummer: Yeah, I just... It bothers me. You know, and excuse me, Mr. Mayor.
I want to compliment Tucker, I really do. We have had our differences and we have been on
opposite sides and we have been on the same side. But, let me tell you, when I drove by Station
S, which was a voting precinct and he was standing out there with a sign to save the City of
Miami, I admire the man. And, he is chairman or president of that so called group of renegades,
OK. And, for him to be facing those people...
Commissioner Gort: J.L., for that reason being that Tucker is the chairperson and he really, let
me tell you, from the beginning when we put this ground campaign together he was there from
the first day.
Mayor Carollo: Yes, he was.
Commissioner Plummer: That's true.
Commissioner Gort: and giving the message to the people.
Mayor Carollo: Well...
Commissioner Gort: I think we should let him do it.
Mr. Tucker Gibbs: Thank you.
Commissioner Gibson: I also feel that we need to make them feel more inclusive. I think that
the White folk of this town feel that they no longer belong to the City of Miami and perhaps the
fact that we have been able to save the City that the White folk down in South Grove especially,
will understand that they are part of this City and we expect them to do some things in this City
to help continue to save the City.
Mayor Carollo: Commissioner, I agree with your words, but that was exactly what a previous
Commission did when they established the Coconut Grove Village Council...
Commissioner Plummer: That's right.
Mayor Carollo: ... and gave Coconut Grove what no other neighborhood in the City of Miami
has. And, that's 16 positions that are elected within the neighborhoods of Coconut Grove to be a
62 September 9, 1997
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sort of a shadow Commission. No other neighborhood
opportunity. In fact, if you really want to come right down
against other neighborhoods of Miami and done for Coconut
any other neighborhood.
Mr. Gibbs: Mr. Mayor.
in Miami has been given that
to it, you know, we discriminated
Grove what we haven't done for
Mayor Carollo: And still; you know, we saw what happened, which is the democratic way of
doing things. Everyone has the right to express their feelings in whichever way that they can.
But, just like going back to another time in our history when the South tried to break away from
the Union, that great President, Abraham Lincoln, threw the gauntlet down; so did we in the City
of Miami had to throw the gauntlet down and keep this Union, that's called the City of Miami
intact.
Mr. Gibbs: Mr. Mayor, quoting Abraham Lincoln as he said, "With malice toward none and
charity for all" at the end of the Civil War.
Mayor Carollo: That's correct, he did say that.
Mr. Gibbs: I would like to remind the Commission and I am...
Mayor Carollo: But he threw the gauntlet down, right after he said that.
Mr. Gibbs: Well, actually he did it before. Actually, Abraham Lincoln said that after the war
was over in terms of reconstruction and trying to bring the country back together again. My
point is that the Village Council was created by... the people of Coconut Grove created it. It was
totally independent of the City. We have had a good relationship with the City, we have tried to
work with the City. But, our purpose as a Village Council was to present Coconut Grove's
positions to the City and to the County. We would really appreciate the fact... this has happened
the last, I think two or three elections where we have piggy backed on with the City.
Financially, it's no burden to the City and...
Commissioner Plummer: I got it off my chest, I'll vote for it.
Mayor Carollo: No.
Mr. Gibbs: I understand.
Commissioner Plummer: Hey, you know.
Mr. Gibbs: And, we understand that too. There are a lot of people on the Council who do
support the City, though.
Mayor Carollo: Well, you are right.
Commissioner Plummer: Hey.
Mayor Carollo: Financially, it's no problem to the City.
Mr. Gibbs: Right.
Commissioner Plummer: No, there is a charge. Isn't it?
Mayor Carollo: One of the things that I think we will need to discuss at some time in the future.
63 September 9, 1997
Commissioner Plummer: There is a charge.
Mayor Carollo: And, I mean, I am laying things out like it should be. Is, that there is a major
difference now in the structure government that we are going to be having. We are going now to
district elections into neighborhoods. Now, if we are going to be having neighborhood elections
which is district elections, and frankly in the City of Miami is the closest you will find anywhere
into true neighborhood elections, where this one district that Coconut Grove is part of, District I1,
over a third or so of District II is Coconut Grove in this district. I think we really need to discuss
in the future the fact if the way that we are going about this is the right way of doing it or not.
You know, what are we going to do if every other neighborhood wants their own council?
Mr. Gibbs: Well, what we have done in the past...
Mayor Carollo: Well...
Mr. Gibbs: What the Grove did... The Grove citizens created the Village Council, not the City
of Miami. We just asked to piggy back on your election. We are independent of the City, the
City gives us no financial support or any other kind of, you know, in kind services and we are
not asking for that. Except, we are asking to piggy back the election, allowing the people of the
Grove to speak to elect their own council. Other than that, we are separate from the City. I have
no problem as a citizen of the City of Miami if people in Flagami want to elect their own council
and pay for it and have their own meetings, and... I think that's wonderful, but that's up to them.
Mayor Carollo: See, this might be wonderful, Tucker, but my .concern is, is that going to lead to
bring Miami closer as one, or is that going to lead to what we saw this time around into creating
more divisions instead of uniting us?
Mr. Gibbs: I think that we...
Mayor Carollo: That's my concern.
Mr. Gibbs: Coalition building is the name of the game with districts or these councils. I agree.
Commissioner Plummer: Are you going to pay it?
Mayor Carollo: Yeah, coalition building is the name of the game. But, how we go about in
those coalition building is what we need to look at.
Commissioner Gort: Is important. Yeah.
Commissioner Plummer: Are you going to pay us the sixty-eight dollars ($68) that you didn't
pay us from before four years ago?
Mr. Gibbs: The County. It's the County.
Mr. Frank Balzebre: The check has been written and we will have that check delivered to the
County.
Commissioner Plummer: Yeah.
Commissioner Gort: Let me ask you a question. Was there a special on ties in Coconut Grove?
Mr. Gibbs: Excuse me?
64 September 9, 1997
•
Commissioner Gort: Was there a special on ties in Coconut Grove?
Mr. Balzebre: Must have been.
Mr. Gibbs: Yeah, I guess so. It's our uniform
Commissioner Plummer: Yeah. Well...
Mayor Carollo: That's the new Village Council flag.
Mr. Balzebre: It's the Save Miami look.
Commissioner Plummer: Mr. Mayor, as I said before, you know, I have got it off my chest. But,
I just find it ironic that when we asked for their help, they turned us down cold. Now, they are
here asking for our help.
Mr. Gibbs: Well, wait a minute. I mean...
Commissioner Plummer: Hey...
Mr. Gibbs: And, there are a lot of people on the Council.
Commissioner Plummer: Go ahead.
Mr. Gibbs: The Council was unanimous in opposing this.
Commissioner Plummer: I didn't say unanimous, I said 90 percent.
Mr. Gibbs: I think it was pretty evenly divided.
Mayor Carollo: Well, J.L., look at the bright side.
Commissioner Plummer: What is it? Tell me.
Mayor Carollo: They wouldn't have been here if the election would have gone the other way
around.
Commissioner Plummer: Yeah, but, guess what, Mr. Mayor? Guess what district they are in?
Mr. Balzebre: The coastal district.
Mayor Carollo: What district is that? I...
Commissioner Plummer: It's called number two.
Mayor Carollo: Which is number two?
Commissioner Plummer: My district.
Mayor Carollo: Oh, OK.
Commissioner Gibson: But, we really need to ask them to help bring this City together and ask
the Council to work toward this coalition that we talk about and this unity that we talk about.
And, we can't be separated. You know...
65 September 9, 1997
•
•
Mayor Carollo: Well...
Commissioner Gibson: ... I have heard so many people say the people in South Grove don't like
Thelma Gibson, but that's OK. You know, Thelma Gibson is not out here for a popularity
contest. You may like or not like me but I must speak the truth. And, I think that we need to
unite this community and stop being separate. If the Council does nothing else for this
community, they all to say all the people in South Grove, come to Commission meetings. If
there is something that needs to be changed, help us change it and not be out there fighting the
City for whatever...
Mayor Carollo: That's all that I am trying to say also, Commissioner Gibson. You said it very
eloquently.
Commissioner Gort: Move it.
Commissioner Plummer: I'll move it, sure I'll move it.
Commissioner Gibson: I'll second it.
Commissioner Plummer: "Absodamntively."
Mayor Carollo: There is a motion, there is a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Commissioner Plummer: I am much in favor of the Tucker Gibbs amendment. Now the rest of
them devils...
Mayor Carollo: It passes unanimously.
Mr. Balzebre: Thank you, Mr. Mayor.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-593
A RESOLUTION (PEnding the Law Department.)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
66 September 9, 1997
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Upon being seconded by Commissioner Gibson, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
26. PERSONAL APPEARANCE: GRANT POLA REYDBURD REQUEST FOR
SUBORDINATION OF TWO LOANS OF BAKEHOUSE ART COMPLEX.
Mayor Carollo: OK, item number 13. Pola.
Commissioner Plummer: What is it, Willy?
Commissioner Gort: She'll tell you.
Commissioner Plummer: Well, come on, let's do it.
Ms. Pola Reydburd: Good morning. I am Pola Reydburd, I am the executive director of the
Bakehouse Art Complex, a truly innovative, 12 year old community development program
located in Wynwood. I would like to take this opportunity to update you on some of the things
that have happened in the past six months. You have a package there. We have had extremely
good press for the City of Miami. Metro Dade Office of Community and Economic
Development awarded us recently sixty thousand dollars ($60,000) for facility repairs. The
Division of Cultural Affairs of the State of Florida has recommended a cultural facilities grant
for seventy thousand dollars ($70,000), and last month in Tallahassee we were also awarded two
new grants for over twelve thousand dollars ($12,000) for art education, for inner City at risk
youngsters. The reputation of our program has surpassed the confines of South Florida and we
are receiving now funding from the U. S. Department of Education and the U. S. Department of
Justice.
Commissioner Plummer: They want a subordination of a mortgage. The administration has no
problem. I move it.
Ms. Reydburd: No, I... Wait, one second, please.
Commissioner Plummer: You, quit when you are ahead.
Mr. Reydburd: No, it's just that the grant loan which was offered to the Bakehouse by the City
of Miami has been periodically... We have to periodically come before you to request a new
subordination letter. So, we are asking...
Commissioner Plummer: Every five years.
67 September 9, 1997
Ms. Reydburd: Yes. Yes, every five years, periodically.
Commissioner Gort: That's what he is doing.
Ms. Reydburd: Yes, but what we are asking... This is a non -interest bearing loan and we would
like you to perhaps consider, since these were Block Grant funds by the Office of Community
Development to just turn it into an outright grant. The City of Miami in this case will not pay a
penny. It will not cost the City one penny. It would just make things easier for us and for you.
Commissioner Plummer: We will look at that later. Let's give you the subordination of the loan
now.
Ms. Reydburd: OK. I just wanted to say one more thing. And, it is that the County had a
similar condition with us. They had given us a grant loan for two hundred and four thousand
dollars ($204,000) from 1986 until 1994 that was used to purchase the abandoned bakery where
the Bakehouse is at. And, they converted it into an outright grant and you have the
documentation in front of you. So, we were just asking to see if the City of Miami could show
support in any way.
Commissioner Plummer: I am about ready to defer.
Mayor Carollo: Well, I am getting really concerned. And, this has no bearing on you, Pola. I
think you have been doing a great job for us. But, I am getting very concerned that I am getting
pocket items, I am getting personal appearance that are asking for major commitments in dollars
from this Commission.
Ms. Reydburd: Oh, no. This is nothing. This is, I mean...
Mayor Carollo: This is something. It's...
Ms. Reydburd: This was block grant money...
Mayor Carollo: That's money. That's still money.
Ms. Reydburd: ... that was given... But, that was given...
Mayor Carollo: That's still money the City has, Pola.
Ms. Reydburd: ... was 1988.
Mayor Carollo: And, you know, the administration is not having the time to go through these
requests. We certainly are not voting upon items with all the information that we should have.
This is how the City got in trouble before and we need to put a stop to it.
Commissioner Plummer: Move to defer.
Ms. Reydburd: Well, I would like you to consider it because there is no money, actually. This
was a grant that was awarded to the Bakehouse.
Mayor Carollo: But, it has to be done the appropriate way, Pola, is what I am saying. It has to
go through the administration so that no one can point a finger to you, to us, now or in the future,
and that's all that I am saying.
68 September 9, 1997
r�
Ms. Reydburd: OK.
Mr. Edward Marquez (City Manager): Mr. Mayor. What I...
Commissioner Gort: I would like to clarify something.
Commissioner Plummer: Move to defer.
Commissioner Gort: Those grants...
Commissioner Plummer: Joe, move to defer.
Commissioner Gort: ... the loans are being repaid. This is money that can be reused in the
community.
Ms. Reydburd: But, the grant...
Commissioner Gort: We need to understand that.
Ms. Reydburd: But, the grant was never to be repaid. It was...
Mr. Marquez: Mr. Mayor, may I?
Mayor Carollo: Mr. Manager.
Mr. Marquez: The petitioner had come to the City requesting a subordination of a mortgage.
City staff has reviewed that, we are recommending that. And, that's the only vote we want the
City Commission to take a vote on today. In the future, what I would recommend or suggest is
that perhaps, any citizen presentation that comes up before us for a personal appearance which
the City staff agrees, concurs with the recommendation, that we present that, not as a personal
appearance item, but as a regular City staff item before the City Commission.
Mayor Carollo: Well, let me make it as clear as I can. I do not want to be seeing up here, any
request for dollars unless the administration has had ample time to go through it and give us a
recommendation. If not, I am sorry, I don't care whose feelings I hurt, I am going to ask for a
deferment. This is the way it should be and we should follow that.
Commissioner Plummer: Move the subordination.
Commissioner Gort: My understanding is, you also should inform the individual that all we are
going to take care of is, what we addressed with you all. Because, if anybody comes to me with
a personal appearance I ask them to go to staff. Because, without staff recommendation we can't
vote on it.
Ms. Reydburd: OK, OK. So, we will take the subordination letter.
Mayor Carollo: Thank you. Now, what is the amount of dollars that we are going to...
Mr. Elbert Waters (Interim Director/Community Development): Subord...
Mayor Carollo: ... be responsible in this mortgage, in case they default payment?
Mr. Waters: There are two, Mr. Mayor. One, that this Commission grant was in the amount of
one hundred and fifty thousand dollars ($150,000).
69 September 9, 1997
Mayor Carollo: One hundred and fifty thousand dollars ($150,000).
Mr. Waters: Plus, the second one which came in 1987 via Resolution 87-164, was in the amount
of fifty-four thousand dollars ($54,000).
Mayor Carollo: How much is left on those?
Mr. Waters: As long as the... I don't have that figure before you, at the moment, Mr. Mayor. I
can get that this afternoon. I don't have the figures.
Mayor Carollo: See, but that concerns me. Here you are, giving us a recommendation and you
don't even know how much money is left that we are going to be responsible for, in case, for
any reason, they default in their mortgage.
Mr. Waters: As long as the Bakehouse Arts Complex remain and provide the service that they
are under the contract with, that loan converts to a grant. And, so as long as it remains to be the
Bakehouse, that money in terms of principle and interest is unamortized.
Mayor Carollo:: But, still, Mr. Bert Waters, you haven't answered my question. I mean, we are
legally putting ourselves at risk. Even though the risk might be minimal, we will still have to pay
the remaining amount if, for any reason, there is a default on that loan on mortgage.
Ms. Reydburd: No, no. I am sorry.
Mr. Robert J. Nachlinger (Assistant City Manager): Mr. Mayor, if I could? Bob Nachlinger,
Assistant City Manager. The two hundred and four thousand the Commission previously
granted was a grant or loan to the organization. It would... It's a two hundred and four thousand
which converts annually from a loan into a grant depending... It amortizes the same way as the
first mortgage on the property does. At this point, there is ten years left on the mortgage. So, the
unamortized portion of the City's two hundred and four thousand is one hundred and two
thousand if the Bakehouse Arts Complex ceases its operation as an art center. As we envision,
the balance of the amortized loan will be due and payable back to the City, not... There would be
no further payments required by the City.
Mayor Carollo: Well, you have answered my question directly, Mr. Nachlinger, I appreciate it.
It's not two hundred and four thousand dollars ($204,000), we are down to one hundred and two
thousand.
Mr. Nachlinger: That's correct, sir.
Mayor Carollo: OK. And, the administration is recommending that.
Mr. Nachlinger: Yes, sir.
Commissioner Gort: At the same time, my understanding is, if the Bakehouse should default, we
are not responsible for that mortgage.
Mr. Nachlinger: Absolutely, not. As a matter of fact, if they default, they owe that money back
to the City, back to the Block Grant program.
Mayor Carollo: All right. Is there a motion?
Commissioner Plummer: Move it.
70 September 9, 1997
Commissioner Gort: Second.
Mayor Carollo: Moved by Commissioner Plummer, second by Commissioner Gort. All in favor
signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously. Thank you.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-594
A RESOLUTION (Pending the Law Department.)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
71 September 9, 1997
0 1 0
----------------------------------------------------------------------------------------------------------------
27. GRANT FUNDING REALLOCATION TO HAITIAN AMERICAN
FOUNDATION (HAFI) RETROACTIVELY -- SEE LABEL 22.
Mr. Ringo Cayard: Mr. Mayor, we have a small matter that we would like to correct with the
resolution on item six. Item eight.
Mayor Carollo: Excuse me, Ringo, what do you need?
Mr. Cayard: We talked to administration and there is a technical problem. We started the
program tour months ago, so we would like the motion instead to read retroactive. Otherwise,
all we have spent before will be wasted.
Mayor Carollo: Now, how did you start this four months ago without...
Mr. Cayard: Because the people were coming to us.
Mayor Carollo: ... anybody giving a wink up here?
Mr. Cayard: No, no, we understand that. But, the people were coming to us, we could not just
tell them to go elsewhere. And, we were assuming eventually the City would have helped us
out.
Mayor Carollo: But, who gave you the OK, for that money?
Mr. Cayard: No, nobody gave us an OK. It's just that the people come to us...
Mayor Carollo: People came to you, but my question is, some of that money has been spent
already, right?
Mr. Cayard: Yeah, we had to spend the money to proceed to go to court with some of the people
to do counselling. And, that's why we took that loan on the line of credit.
Mayor Carollo: Mr. Manager, help us out here. I want to make sure that we can help Ringo out,
but that I understand fully what's been going on.
Mr. Edward Marquez: They did it at their own risk with borrowed money.
Mayor Carollo: Excuse me?
Mr. Marquez: They did... They serviced the people from the community, at their own risk, with
borrowed money. And, what he is asking for is basically retroactive extension of time so that
these grant proceeds can be used to repay the borrowed money.
Mayor Carollo: OK, now that's clear, Ringo. No one gave you any advance four thousand five
hundred dollars ($4,500) checks.
Mr. Caynard: No, no. Definitely not.
Commissioner Gort: My understanding is, those funds were not utilized.
72 September 9, 1997
Mr. Caynard: No.
Mr. Elbert Waters (Interim Director/Community Development): They were not, Commissioner.
Commissioner Gort: They were not utilized. So, they are there.
Mayor Carollo: No.
Mr. Waters: They were not.
Mayor Carollo: Yeah, this is a previous item. He just needs this as a housecleaning item. OK,
there is a motion by Commissioner Gort...
Commissioner Gibson: Second.
Mayor Carollo: ... second by Commissioner Gibson. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: Passes unanimously.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 97-595
A MOTION AMENDING RESOLUTION 98-591, BY GRANTING HAITIAN
AMERICAN FOUNDATION, INC. (HAF) RETROACTIVE EXTENSION OF TIME
BACK TO JULY 1, 1997 FOR FUNDING OUT OF COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS TO COVER CERTAIN SERVICES PROVIDED TO THE
COMMUNITY.
[Note for the Record: This motion is related to R 97-591.]
Upon being seconded by Commissioner Gibson, the motion was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
73 September 9, 1997
0
•
----------------------- ----------------------------------------------------------------------------------------
28. EMERGENCY ORDINANCE: AMEND SECTION II AND V OF ORDINANCE
11337 -- REVISE PREVIOUSLY APPROVED CAPITAL IMPROVEMENT
PROJECTS 1996-1997.
Mayor Carollo: We are now in item number 13.
Commissioner Gort: Fourteen.
Mayor Carollo: No, excuse me, we just did 13. Item number 14. Four -fifths emergency vote is
needed.
Commissioner Plummer: Move it.
Mayor Carollo: There is a motion by Commissioner Plummer.
Vice Mayor Regalado: Second.
Mayor Carollo: Second by Vice Mayor Regalado. Call the roll.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING SECTION II AND V OF
ORDINANCE NO. 11337, AS AMENDED, ADOPTED JANUARY 25, 1996;
CONTINUING AND REVISING PREVIOUSLY APPROVED SCHEDULED
CAPITAL IMPROVEMENT PROJECTS TO BEGIN DURING FISCAL YEAR
1996-1997; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
was introduced by Commissioner Plummer and seconded by Vice Mayor Regalado, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
74 September 9, 1997
Whereupon the Commission on motion of Commissioner Plummer and seconded by Vice
Mayor Regalado, adopted said ordinance by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11541.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Mayor Carollo: Item number 15, has been withdrawn.
----------------------------------------------------------------------------------------------------------------
29. EMERGENCY ORDINANCE: AMEND ORDINANCE 10021 -- INCREASE
APPROPRIATIONS FOR LAW ENFORCEMENT TRUST FUND DUE TO
POLICE FORFEITURE ACTIONS.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: We are now on item number 16. Is there a motion for item 16?
Commissioner Plummer: Move it.
Mayor Carollo: Moved by Commissioner Plummer. Second by Commissioner Gort.
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 $3,204,056.00, AS A RESULT OF
ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE TO SUCCESSFUL
FORFEITURE ACTIONS; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
75 September 9, 1997
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 Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Gort, adopted said ordinance by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11542.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Mayor Carollo: Item 17.
Commissioner Gibson: Withdrawn.
Mayor Carollo: It's been withdrawn.
------------------------------------------------------- --------------------------------------------------------
30. FIRST READING ORDINANCE: AMEND SECTION 40-250 OF CODE:
RIGHT OF CERTAIN PERSON TO REJECT MEMBERSHIP AS IT RELATES
TO CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST (GESE TRUST) -- FURTHER ALLOW
CITY MANAGER OPTION TO PARTICIPATE IN PUBLIC TRUST FUND.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Eighteen. First reading ordinance. Is there a motion?
Commissioner Plummer: Well, I'll move it for further discussion. I don't...
Commissioner Gort: First reading. Second.
76 September 9, 1997
Mayor Carollo: First reading. Moved by Commissioner Plummer for discussion. Is there a
second?
Commissioner Gibson: Second.
Mayor Carollo: Second by Commissioner Gort.
Commissioner Plummer: Now, somebody explain to me exactly what it does.
Mr. Robert Nachlinger (Assistant Manager): Yes, Commissioner. This... Excuse me. Back in
November when you hired the City Manager there were certain benefit provisions in that
employment agreement.
Commissioner Plummer: Is this the thing we agreed to?
Mr. Nachlinger: Yes, sir. This is the 401 retirement system.
Commissioner Plummer: Move it.
Commissioner Gort: It's been moved already.
Mayor Carollo: OK, it's been moved, it's been second.
Commissioner Plummer: OK. No, if this is what we agreed to, that's the...
Mayor Carollo: Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION 40-250 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED: "RIGHT OF CERTAIN PERSON
TO REJECT MEMBERSHIP" AS IT RELATES TO THE CITY OF MIAMI GENERAL
EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST ("GESE
TRUST"); PROVIDING: (1) FOR THE CITY MANAGER TO PARTICIPATE IN A
PUBLIC TRUST FUND APPROVED BY THE CITY COMMISSION; (2) THAT
CERTAIN CONTRIBUTIONS MADE TO THE PUBLIC TRUST FUND BE IN
ACCORDANCE WITH THE PROVISIONS OF A RESOLUTION DESIGNATING
THE BENEFITS FOR THE CITY MANAGER; (3) FOR THE CITY TO PICK UP
CONTRIBUTIONS, IF ANY, MADE BY THE CITY MANAGER IN ACCORDANCE
WITH THE PROVISIONS OF A RESOLUTION APPROVED BY THE CITY
COMMISSION; AND (4) FOR THE CITY MANAGER TO TAKE ACTUAL OR
CONSTRUCTIVE RECEIPT OF ALL CONTRIBUTIONS MADE ON HIS OR HER
BEHALF PRIOR TO REACHING AGE 55 OR UPON BECOMING PERMANENTLY
AND TOTALLY DISABLED, IF SO PROVIDED IN SAID TRUST AGREEMENT;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
77 September 9, 1997
was introduced by Commissioner Plummer, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
31. APPROVE UTILITY AUDITING SERVICES FROM TELECOM SERVICES
LIMITED (TSL).
Commissioner Plummer: Nineteen.
Mayor Carollo: Nineteen.
Commissioner Plummer: I move it.
Mayor Carollo: Nineteen has been...
Commissioner Plummer: It's based on soft dollars.
Mayor Carollo: ... moved by Commissioner Plummer, second by Commissioner Gibson. Any
further discussion?
Commissioner Gort: Question.
Mayor Carollo: Question.
Commissioner Gort: My understanding is, this item was in front of us before and we were under
the understanding that the person, FPL (Florida Power and Light) would not be able to do the
services without any compensation.
Mr. Nachlinger: Commissioner, they...
Commissioner Gort: This item was deferred the last time.
Mr. Nachlinger: Well, it was deferred at the last meeting due to the questions that you asked.
The item is back to you simply because, yes, Florida Power and Light and the telephone
company can do this service, but what we would be asking them to do is to review their records
and to give us a rebate, if you will, for anything that they found. I am not saying that they
wouldn't do that but what I am saying is, I would like a third party to come in and do that review
78 September 9, 1997
as opposed to asking the company to do it, at a... to be paid for out of any savings that they
generate to the City.
Commissioner Plummer: Why wouldn't we ask both of them to do it? This one here cost us
nothing because they get a percentage of the savings. Now, FP&L informed me, in a phone call
to me, said that they would do it for free of charge and they would be glad to do it. So, why not
ask them to do it? Let's take both of them. It doesn't cost us to have both them, the audits of
both. It doesn't cost us anything. Then, we will have something to measure against.
Mr. Nachlinger: OK. There would be no action required to have FP&L review their own
accounts.
Commissioner Plummer: Absolutely, not. If they want to do an audit and they said that they can
do the same thing that we are asking this company to do, and it cost us no money, let them do it.
Commissioner Gort: Well, my understanding is, if we do have this company do the audit, the
company will have to check it anyway. I mean, they will not take it automatically. So, they will
automatically do the audit. OK.
Commissioner Plummer: Let's do both. It doesn't cost us anything.
Commissioner Gort: Do both, OK.
Commissioner Plummer: I move 19.
Mayor Carollo: There is a motion on 19 and a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It's approved unanimously.
79 September 9, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-596
A RESOLUTION APPROVING. THE PROVISION OF UTILITY AUDITING
SERVICES, UNDER THE TERMS AND CONDITIONS AS HEREIN SPECIFIED,
FROM TELECOM SERVICES LIMITED, (TSL) AWARDED UNDER EXISTING
STATE OF FLORIDA CONTRACT NO. 991-010-96-151, 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; AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT FOR THIS SERVICE, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN ACCORDANCE WITH
THE SPECIFICATIONS OF STATE OF FLORIDA CONTRACT NO. 991-010-96-1.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
32. APPROVE FURNISHING OF TELECOMMUNICATIONS AUDITING
SERVICES FROM TELECOM SERVICES LIMITED (TSL) -- AUTHORIZE
CITY MANAGER TO EXECUTE CONTRACT FOR SERVICES.
Commissioner Plummer: Twenty is alike and I move it.
Mayor Carollo: Plummer moves 20, again. Commissioner Gort seconds it. All in favor signify
by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It's approved unanimously.
80 September 9, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-597
A RESOLUTION APPROVING THE FURNISHING OF TELECOMMUNICATIONS
AUDITING SERVICES, UNDER THE TERMS AND CONDITIONS AS HEREIN
SPECIFIED, FROM TELECOM SERVICES LIMITED, (TSL), AWARDED UNDER
EXISTING STATE OF FLORIDA CONTRACT NO. 991-010-96-151, 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;
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR THIS
SERVICE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AND IN
ACCORDANCE WITH THE SPECIFICATIONS OF STATE OF FLORIDA
CONTRACT NO. 991-010-96-1.
(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 Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
33. (A)APPOINT VICE MAYOR REGALADO AND COMMISSIONER GIBSON
TO DADE COUNTY VISITOR INDUSTRY VOLUNTARY
EDUCATIONAL SERVICE TRAINING TRUST (VESTT) -- SEE LABEL
42.
(B)BRIEF DISCUSSION REGARDING NEED TO TRAIN HOTEL
INDUSTRY PERSONNEL.
Commissioner Plummer: Move 21.
Mayor Carollo: Twenty-one is approved.
Commissioner Plummer: Money we owe.
Mayor Carollo: Second by Commissioner Gibson.
Commissioner Plummer: Second.
Mayor Carollo: Hearing no further discussion with the exception of...
81 September 9, 1997
Vice Mayor Regalado: Which are...? Excuse me, Mr. Mayor.
Mayor Carollo: This is 21 for...
Vice Mayor Regalado: Twenty-one, yeah.
Mayor Carollo: Yeah, this is for training for the hospitality industry. Now, can...
Vice Mayor Regalado: Right. The City of Miami appointed two members to the board. Who
are those members?
Mayor Carollo: Commissioner Plummer.
Commissioner Plummer: No, I am not on that board, I don't think.
Mayor Carollo: No, but he has been working on another board that...
Commissioner Plummer: No, I am on the Consortium Board.
Mayor Carollo: Yeah, Consortium Board. Now...
Commissioner Plummer: I have got you almost one million dollars.
Mayor Carollo: One of the things that we need to make sure that's done is we need immediately
to formulate appropriate training classes for the hotel industry. There is a minimum of six major
hotels that are coming into Miami that are going to be built in the City of Miami limits next year.
Two of which will be five star hotels. These five major hotels, excuse me, these six major hotels
will provide anywhere from eight to ten thousand new jobs to the City of Miami and most likely
we might finish the year with anywhere from between ten and 12 new hotels that would either
have begun to be constructed and built or in the process of being built. So, you are looking at
maybe as many as 15 to 18,000 new jobs that the hotel industry is going to be creating in the
City of Miami and we need to have in place sufficient training classes so that our people will be
trained for these jobs, that we will be able to provide the quality service that Miami can and
should be known for.
Vice Mayor Regalado: Because of those hotels coming to town, Mr. Mayor, is that I asked who
are the members appointed by the City of Miami because we need to know if we are getting a
fair share in terms of getting training from local people. If we can bring to this board more
people from the different areas of the City of Miami to be trained and to be considered for
positions in those hotels. So, I don't know if the City Clerk...
Commissioner Plummer: Well, are we going to do it in-house?
Mr. Walter J. Foeman (City Clerk): It's not a City of Miami board and we don't monitor that
one, but I can check the...
Commissioner Plummer: Question.
Mayor Carollo: Would you like to be a member, Mr. Vice Mayor?
Vice Mayor Regalado: I think, yeah. Because, I would definitely. It's not only about the
quality of attention that the people of Miami should give to the people that visit Miami but, I
think that this board should be on top of how many local people are hired for these hotels. I
82 September 9, 1997
mean, you don't have to be an engineer to wash dishes. And, we have... and now, and now next
year we all know that the Welfare Reform is going to impact the City of Miami as bad as any
other metropolitan area. In fact, the City will be the most impacted area in the Southeast. So, I
think that this committee would like... should monitor the people that are hired for these hotels
that are coming to Miami. And, yes, I would like to be a member of the board.
Commissioner Gort: I move to nominate you to the board, Vice Mayor Regalado.
Commissioner Plummer: And, Willy Gort, the other one.
Commissioner Gort: No, no, no.
Mayor Carollo: There is a motion, there is a second. Now, before we proceed with that motion,
I understood there are two members that we can name to that board. Mr. Clerk, we do not have
anybody named yet?
Mr. Foeman: I will have to check that, Mr. Mayor. I really don't know. We don't monitor that
particular board.
Commissioner Plummer: It says here on the backup, on February 9, 1995, the City appointed
two members to the board.
Vice Mayor Regalado: Yeah.
Commissioner Plummer: However, the City did not authorize the execution of the Interlocal
Agreement. That's in the backup material.
Mayor Carollo: OK, that was what year?
Commissioner Plummer: 1995. February 9th.
Mayor Carollo: February, 1995. Well, what I would like to do, to include in that motion is, that
we nominate Vice Mayor Regalado and Commissioner Gibson to that board, if she would so
accept.
Commissioner Plummer: So moved.
Commissioner Gibson: I will accept, Mr. Mayor.
Mayor Carollo: OK, the maker of the motion accepts it, so this is the seconder of the motion.
Commissioner Gort: Sure do.
Mayor Carollo: OK, all in favor signify by saying "aye."
The Commission (Collectively): Aye.
83 September 9, 1997
•
E
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-598
A RESOLUTION (Pending the Law Department.)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mayor Carollo: Twenty-two has been withdrawn.
------------------------------------------------------- --------------------------------------------------------
34. APPROVE PROVISIONS TO HOLD NONPARTISAN PRIMARY ELECTION
ON NOVEMBER 4, 1997 FOR EXECUTIVE MAYOR AND DISTRICT
COMMISSIONERS -- FURTHER CALLING FOR GENERAL ELECTION
(RUNOFF) TO BE HELD NOVEMBER 13, 1997.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Twenty-three, of course we have no choice. I move.
Commissioner Gort: Move it.
Commissioner Plummer: Second.
84 September 9, 1997
Mr. Walter J. Foeman (City Clerk): Mr. Mayor, we have submitted a supplemental agenda
calling for district elections. In you packet you had the resolution calling for the election 45 days
prior to the election of September 4th. So, you will find an amended resolution that has been
distributed.
Mayor Carollo: There is something wrong with this motion here, It says "making provisions for
holding a non -partisan primary election November 4, 1997 for the nomination of candidates for
the offices of Mayor and two Commissioners."
Commissioner Plummer: It should be three.
Mr. Foeman: That's what was in the agenda packet. There has been a supplemental agenda that
has been distributed to the Commission reflecting the districts and the Strong Mayor.
Mayor Carollo: OK, all right. That's been changed in the supplemental agenda that was given.
Commissioner Plummer: As amended, I move it.
Commissioner Gibson: Second.
Mayor Carollo: It's been moved and seconded as amended. All in favor signify by saying
"aye "
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
85 September 9, 1997
•
•
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-599
A RESOLUTION WITH ATTACHMENT(S), MAKING PROVISIONS FOR
HOLDING A NONPARTISAN PRIMARY ELECTION ON NOVEMBER 4, 1997, FOR
THE NOMINATION OF CANDIDATES FOR THE OFFICES OF MAYOR AND
THREE COMMISSIONERS, AND FOR HOLDING A LATER GENERAL
MUNICIPAL ELECTION ON NOVEMBER 13, 1997, UNLESS ALL OF SAID
OFFICES HAVE BEEN FILLED IN THE NONPARTISAN PRIMARY ELECTION;
PROVIDING FOR THE REGISTRATION OF PERSONS QUALIFIED TO VOTE IN
SAID NONPARTISAN GENERAL ELECTION; DESCRIBING PERSONS
QUALIFIED TO VOTE IN SAID NONPARTISAN PRIMARY ELECTION AND SAID
GENERAL MUNICIPAL ELECTION; DESCRIBING THE REGISTRATION BOOKS
AND RECORDS MAINTAINED UNDER THE PROVISIONS OF THE GENERAL
LAWS OF FLORIDA AND CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, WHICH THE CITY HAS ADOPTED AND DESIRES TO
USE FOR HOLDING SUCH NONPARTISAN PRIMARY ELECTION AND SUCH
GENERAL MUNICIPAL ELECTION; DESIGNATING AND APPOINTING THE
CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY
COMMISSION WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS
AND RECORDS; AND DIRECTING THE CITY CLERK TO GIVE NOTICE BY
PUBLICATION OF THE ADOPTION OF THIS RESOLUTION AND THE
PROVISIONS HEREOF.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and adopted
by the following vote:.
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
86 September 9, 1997
----------------------------------------------------------------------------------------------------------------
35. ACCEPT CITY CLERK'S CERTIFICATION AND DECLARATION OF
RESULTS OF SEPTEMBER 4, 1997 SPECIAL ELECTION: SHALL CITY OF
MIAMI RETAIN ITS EXISTENCE AND NOT BE ABOLISHED (QUESTION
APPROVED).
Mayor Carollo: Item 24...
Vice Mayor Regalado: Move it.
Mayor Carollo: .. is moved by Vice Mayor Regalado, second by Commissioner Gibson. 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. 97-600
A RESOLUTION WITH ATTACHMENTS, OFFICIALLY ACCEPTING THE
ATTACHED CITY CLERK'S CERTIFICATION AND DECLARATION OF THE
RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD ON SEPTEMBER 4,
1997, IN WHICH THE QUESTION AS TO WHETHER THE CITY OF MIAMI
SHALL RETAIN ITS EXISTENCE AS A MUNICIPALITY AND NOT BE
ABOLISHED EFFECTIVE SEPTEMBER 30, 1998, WAS APPROVED BY THE
ELECTORATE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
87 September 9, 1997
----------------------------------------------------------------------------------------------------------------
36. ACCEPT CITY CLERK'S CERTIFICATION AND DECLARATION OF
RESULTS OF SEPTEMBER 4, 1997 SPECIAL ELECTION: PROVIDE FOR
FIVE DISTRICT COMMISSIONERS AND NONVOTING EXECUTIVE
MAYOR (QUESTION APPROVED).
Mayor Carollo: Item 25.
Commissioner Gort: Move it.
Mayor Carollo: It's been moved by Commissioner Gort.
Commissioner Plummer: Second.
Mayor Carollo: Second by Commissioner Plummer. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-601
A RESOLUTION WITH ATTACHMENTS, OFFICIALLY ACCEPTING THE
ATTACHED CITY CLERK'S CERTIFICATION AND DECLARATION OF THE
RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD ON SEPTEMBER 4,
1997, IN WHICH A CHARTER AMENDMENT TO PROVIDE FOR A NONVOTING
EXECUTIVE MAYOR ELECTED CITYWIDE WHO WILL NOT BE A MEMBER OF
THE CITY COMMISSION, AND FOR FIVE COMMISSIONERS FROM FIVE
DISTRICTS, WAS APPROVED BY THE ELECTORATE.
(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 Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mayor Carollo: It passes unanimously.
Commissioner Plummer: Why? Let me ask a question. Mr. City Attorney, why couldn't this be
on the Consent Agenda? I mean, why do we have to do each one of these individually?
88 September 9, 1997
Mr. A. Quinn Jones, Esq. (City Attorney): Well, I don't do the agenda.
Commissioner Plummer: Mr. Manager, why do we have to all these individually? Why can't it
be done in the consent?
Mr. Edward Marquez (City Attorney): It probably could have...
Mayor Carollo: Because he is not discussing it with the Mayor's office, like the Charter says,
otherwise we would have told him to.
Commissioner Plummer: Well, I am just saying that these items are like, you know, rubber
stamp items that we could handle them in one swoop.
Mr. Marquez: We will make a better stab at it the next time, sir...
Commissioner Plummer: Please.
Mr. Marquez: ... and include more in the Consent Agenda.
Commissioner Plummer: OK, all right.
Commissioner Gibson: We are all learning.
------------------------------------------------------- --------------------------------------------------------
37. DIRECT CITY MANAGER TO PAY MUNICIPAL CODE CORPORATION --
FOR PROFESSIONAL SERVICES FOR PRINTING / CODIFYING
SUPPLEMENT NO. 1 OF CODE -- ALLOCATE FUNDS $6,118.75 FROM
SPECIAL PROGRAMS AND ACCOUNTS CODE 921102-270.
Commissioner Plummer: Where are we?
Commissioner Gort: Twenty-six.
Commissioner Plummer: Anybody move it?
Mayor Carollo: You may not throw any more fuel to the fire with Plummer here.
Commissioner Plummer: Run the meeting.
Mayor Carollo: Item 26.
Commissioner Plummer: Move it.
Mayor Carollo: Twenty-six has been moved. It's been second...
Vice Mayor Regalado: Second.
Mayor Carollo: ... by Vice Mayor Regalado.
Mr. Walter J. Foeman (City Clerk): Mr. Mayor, can I make a modification on the record?
89 September 9, 1997
Mayor Carollo: Yes.
Mr. Foeman: The amount that was in the packet says eight thousand one forty-four twenty-six.
Mr. Foeman: It's a reduced amount of 6,118.75.
Mayor Carollo: Six thousand one eighteen?
Commissioner Plummer: That's even better.
Mr. Foeman: Six thousand one eighteen seventy-five.
Mayor Carollo: Well, good. You can make all the changes you would like from here on as long
as they are going down instead of up.
Mr. Foeman: OK.
Mayor Carollo: It's now been clarified to the amount of 6,118.75. There is a motion, there is a
second. Before we vote upon it, do you want to address this item, sir, item 26?
Mr. Sam Mason: Twenty-seven.
Commissioner Plummer: He's on the next one.
Mayor Carollo: Twenty-seven, OK. All in favor of 26, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-602
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
PAY THE MUNICIPAL CODE CORPORATION FOR PROFESSIONAL SERVICES
RENDERED FOR THE PRINTING AND CODIFYING OF SUPPLEMENT NO. 1 OF
THE CODE OF THE CITY OF MIAMI, FLORIDA; ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED SIX THOUSAND ONE
HUNDRED EIGHTEEN DOLLARS AND SEVENTY-FIVE CENTS ($6,118.75),
FROM SPECIAL PROGRAMS AND ACCOUNTS, ACCOUNT CODE NO. 921102-
270.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
90 September 9, 1997
Upon being seconded by Vice Mayor Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
38. AMEND SECTION 2 OF R 97-407 -- RESTORE 10% FUNDING TO
ECONOMIC DEVELOPMENT COMMUNITY BASED ORGANIZATIONS --
FURTHER IDENTIFY $100,000 FROM 22 YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT CONTINGENCY FUNDS FOR MODEL
CITY AND WYNWOOD.
Mayor Carollo: Item 27.
Mr. Elbert Waters (Interim Director/Community Development): Yes, Mr. Mayor and members
of the Commission. Item 27, the administration respectfully recommends the Commission adopt
the attached resolution restoring ten percent funding to seven of our Economic Development
Community Based Organizations, i.e., CBOs. Further identifying for your consideration one
hundred thousand dollars ($100,000) from our 22nd year CDBG (Community Development
Block Grant) contingency fund account for economic development services to be provided in the
Model City and Wynwood areas to be determined.
Commissioner Plummer: And, what does this have to do, if anything or not with anything, in
performance base?
Mr. Waters: It is performance based, Commissioner.
Commissioner Gort: It is performance.
Mr. Waters: It is performance based. And, if you may recall, the Commission instructed staff at
the time, this was approximately the June meeting, that we fund those agencies 90 percent of
funding and set aside approximately ten percent for a new CBO to provide services in Model
City and Wynwood. This item was deferred. We are coming back, we are recommending that
those...
Commissioner Plummer: Move it.
Mr. Waters: Thank you.
Mayor Carollo: Well, is the administration recommending this or not?
Mr. Edward Marquez (City Manager): Yes, sir.
91 September 9, 1997
•
•
Mr. Waters: Yes.
Mayor Carollo: You are recommending it? OK. Would you like to address the Commission,
sir?
Mr. Sam Mason: Yes. To the Mayor, distinguished Commissioners, our Manager. In terms of
the Model City area as it relates to the facade program, we are asking as a community to be fair.
First, we want to say that our community has supported this City of Miami in all of its endeavors
in the good times and the bad times. We are one of the disaster zones in the City. For the last
two years, I personally have come to the Department of Community Development and asked
them to allow us to assist our community in the facade program. As my friend, Commissioner
Plummer always said, he wants a bang for the buck. If you would check the record, I have had
the best record of any CBO in terms of facade in the City of Miami. I have asked, this is the
second year, and nothing has been done. Our community is suffering and this is not fair. There
is work need to be done. We are asked to do it and we are asking this Commission to be fair
with our community and allow us to go and do this job. We are only asking you to be fair.
Staff, if staff don't think that we could do the job, then let staff tell you that we can't do it. Staff
knows that we can do this job. Let us go and stop our community from suffering like this. We
really ask you to give us your support and let us go and start with this now. It's one of the... It's
the worst community out there. The work is there, all we have to do is go and do it. Thank you.
Mayor Carollo: Thank you, Sam.
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Yes, Commissioner Gort.
Commissioner Gort: I would like to ask a question of staff. My understanding is, the reason it is
in front of us is because it was a special request by a new organization that wanted to provide
services in both the Model City and Wynwood. My understanding is, there was funds available
to fund agencies in Model City and Wynwood. And, you are recommending as part of your
motion or your package here, you are recommending not to fund the Miami -Dade request.
Mr. Robert J. Nachlinger (Assistant Manager): Commissioner, picking up on what the
gentleman had to say. We do have an issue of fairness and we are interested in trying to be fair
to all of our CBOs. The issue here is, the money that is allocated to Model City and Wynwood
for the commercial facade program is available and we want to go through a solicitation process
to give everyone an opportunity to compete for these funds to provide these services, not just
directly allocated to a particular CBO.
Commissioner Gort: Great. Second the motion.
Mayor Carollo: There is a motion, there is a second.
Mr. William Rios: Thank you. That sort of settles it.
Mayor Carollo: Would you like to address this?
Commissioner Gibson: May I ask one question?
Mr. Rios: No. I am fine with the idea that you are going to solicit new applications for
organizations to service those two communities. That will be fine. Thank you, Mayor. Good
day, Commissioners.
92 September 9, 1997
Mayor Carollo: Thank you, surely.
Commissioner Gibson: May I just ask, Mr. Mason, what's your CBO?
Mr. Mason: Commissioner Gibson, Youth of America, the CBO that I work for asked that we
do the facade program. As a director of Martin Luther King Economic Development
Corporation, I ran the facade program for the Model City area with the County and the City.
And, I service more projects than any of the CBOs in the City of Miami. And, all we are asking,
since the job need to be done, and we need to get in there, do it. I came to Community
Development and asked them to give us that opportunity. Then, we wrote a letter to the
Manager and to the Commissioner asking them for that right. No one in our community was
asking for the right to do it, so we asked to do it because the job needs to be done.
Commissioner Gibson: Are you saying that's not a part of Model City?
Mr. Mason: What's that?
Commissioner Gibson: That's not a part of Model City? Is that not a part of Model City?
Mr. Mason: That's all of Model... We are talking about all of Model Cities.
Commissioner Gibson: That's all of Model City. The fifty thousand that you are giving to
Model City, is that the same that they could request long term?
Mr. Nachlinger: Yes, ma'am. We will be going up for solicitation for proposals.
Mr. Mason: But, what I am saying is, you see this has been running on for the last two or three
years and nothing has been happening out there. And, it just keeps drawing on and on and on.
We have been asking them. That's what I am saying, why we got to go through all of this?
Mr. Waters: Let me answer this. Commissioner...
Mr. Mason: They...
Mr. Waters: ... for edification. The MLK (Martin Luther King) which was an organization that
Mr. Mason was formerly, is the executive director, we have had a contract with that organization
for a number of years. Since then, that organization has no longer performed up to its
contractual obligations. He is no longer a part of that. But, I wanted to clarify for the record that
the City has been, in this instance, regarding Community Based Organizations, it had funded that
organization in reference to the commercial facade improvement program it's doing.
Commissioner Gibson: So, then, Youth of America could apply for some of this fifty thousand
dollars ($50,000)?
Mr. Waters: Yes.
Commissioner Gibson: OK.
Mr. Waters: We will solicit proposals and they will have an opportunity to apply.
Mr. Mason: I just want to say again, for the record. All we want to do is to see that the work is
done out there. We will joint venture, do whatever that has to be done, as long as the work is
done.
93 September 9, 1997
Mayor Carollo: Thank you, Sam.
Commissioner Gibson: Thank you.
Mr. Manuel Gonzalez-Goenaga: Yes, at this particular moment I am impersonating my brother,
Mariano Cruz, who is using my time at the Metro -Dade Commission meeting. And, in a general
statement, Commissioners, remember, over and over again, we are the first poorest City in the
nation, the one that best pays its employees and not including these Commissioners. And, we
have to be fair but also we need a lot of accountability. So, it's very and extremely important
that taxpayers money from the rich, they do not object provided it's very well used to go directly
to the people who need it. That's the only way that we will keep peace in Miami, a balance
between the rich and the poor. This Commission should not be dedicated to make the rich or the
middle class of Miami richer. We need to raise the poor not to put down the rich. Thank you,
very much.
Mr. Lorenzo Rodriguez: Good morning, Mayor, Vice Mayor, Commissioners. I would... My
name is Lorenzo Rodriguez, I am the executive director of the Edgewater Economic
Development Corporation. I would just like to ask for clarification of something that the director
said. Is the motion before you to restore the ten percent and add the one hundred thousand
dollars ($100,000)? Because, I understood that it was reducing the ten percent...
Commissioner Gort: No.
Mr. Rodriguez: OK.
Commissioner Gort: My understanding, my motion is to allocate the funds and give the
opportunity to you all to apply for.
Mr. Rodriguez: OK. Thank you, very much. I just wanted to make sure that was the right
interpretation.
Mayor Carollo: OK. All in favor of item 27, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
94 September 9, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-603
A RESOLUTION AMENDING SECTION 2 OF RESOLUTION NO. 97-407,
ADOPTED JUNE 9, 1997, RESTORING THE 10% FUNDING TO SEVEN
ECONOMIC DEVELOPMENT COMMUNITY BASED ORGANIZATIONS (CBOS);
FURTHER IDENTIFYING $100,000.00 FROM 22ND YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT CONTINGENCY FUNDS FOR ECONOMIC
DEVELOPMENT SERVICES IN THE MODEL CITY AND WYNWOOD
NEIGHBORHOOD DEVELOPMENT AREAS BY CBOs TO BE DETERMINED.
(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 Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
------------------------------------------------------- --------------------------------------------------------
39. PRESENTATIONS:
1. COMMENDATION TO MILTON SALAZAR FOR HEROICALLY
SAVING TRUCK DRIVER FROM TRUCK ACCIDENT WHERE
TRUCK CAUGHT FIRE AUGUST 6, 1997.
2. PROCLAMATION: LIBERATED LAMARQUE DAY
(ARGENTINIAN ACTRESS).
3. COMMENDATION: MARIA MARTA SERRALIMA AS
OUTSTANDING SINGER.
----------------------------------------------------------------------------------------------------------------
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 11:34 A.M. AND RECONVENED AT 11:39 A.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT.
95 September 9, 1997
----------------------------------------------------------------------------------------------------------------
40. RATIFY / APPROVE / CONFIRM WAIVER OF COMPETITIVE BIDS -- FOR
PROCUREMENT OF CONSTRUCTION / RENOVATION OF COMPUTER
SERVICES BY UNISYS CORPORATION FOR MIAMI RIVERSIDE
CENTER -- AUTHORIZE INCREASE IN PAYMENT OF $37,000.
--------- ------------------------------------------------------------------------------------------------------
Mayor Carollo: Is there any objection from any of the members of the Commission if we would
bring up item 32A, and 41 up at this time? Thirty-two A and 41, I have had a request from
someone that can't be here in the afternoon.
Commissioner Plummer: No problem.
Mayor Carollo: OK, we will take up item 32 A, first then.
Vice Mayor Regalado: Mr. Mayor, before we go on, what are the plans for this afternoon?
Mayor Carollo: We'll, we will come back as we normally do at two thirty.
Commissioner Plummer: At what time?
Mayor Carollo: Two thirty, as we normally do.
Commissioner Plummer: Why?
Commissioner Gort: We don't need... We don't have that many programs.
Vice Mayor Regalado: Because...
Mayor Carollo: Why? Because we have got twenty minutes left.
Vice Mayor Regalado: ... we are going to... Mr. Mayor, if we have to wait until five, and we
don't have that many issues to go on, I really need some time when we break for lunch and to
come back. If we can do it like about four and then we have an hour to work until five.
Commissioner Plummer: Absolutely.
Commissioner Gort: Yeah.
Mayor Carollo: OK, you all would prefer to come back at 4:00 p.m., then?
Commissioner Gort: Yeah.
Commissioner Plummer: That will be fine.
Mayor Carollo: At 4:00 p.m.?
Commissioner Plummer: Fine with me.
Commissioner Gort: Let's start doing as much as we can now.
Mayor Carollo: OK, well, let's announce it then for everybody that the Commission will not
reconvene for the afternoon session until 4:00 p.m. OK, all right, 32-A.
96 September 9, 1997
•
r�
Commissioner Plummer: What about it? Are you ready?
Mayor Carollo: Yes.
Commissioner Plummer: Move it. No second? I move to deny.
Commissioner Gibson: I second.
Mayor Carollo: Thirty-two A.
Commissioner Plummer: Oh, OK. I move it.
Mayor Carollo: Thirty-two A, has been moved. It's been seconded. All in favor signify by
saying "aye."
Commissioner Gibson: There is a change in there. The amount in this thing is twenty four
thousand, they need thirty-seven thousand. I don't know if anybody got that change to move it
from...
Fire Chief Carlos . Gimenez: Yes, ma'am, there is. It should be read into the record that the
amount is changed to thirty-seven thousand.
Commissioner Gibson: Thirty-seven thousand.
Commissioner Gort: Thirty...
Commissioner Gibson: Everybody knows that?
Commissioner Plummer: Well, can you do that legally?
Mr. A. Quinn Jones, III, Esq. (City Attorney): Yeah. What happened was, the substance of it
doesn't change. What happened was, we reworded it and basically it was a difference between
three fifty-seven and three twenty which amounts to the thirty seven thousand dollars ($37,000).
So, it's no problem with that.
Commissioner Plummer: OK.
Commissioner Gibson: I second it.
Commissioner Plummer: Call the roll.
Mayor Carollo: There is a motion, there is a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: Approved unanimously. There are no "nays."
97 September 9, 1997
•
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-604
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 WAIVER OF COMPETITIVE BIDDING
PROCEDURES IN THE PROCUREMENT OF CERTAIN
CONSTRUCTION/RENOVATION SERVICES BY UNISYS CORPORATION, FOR
THE PROPERTY KNOWN AS THE MIAMI RIVERSIDE CENTER ("MRC"), SUCH
SERVICES HAVING BEEN PERFORMED AS PART OF THE INSTALLATION OF
COMPUTER EQUIPMENT AUTHORIZED PURSUANT TO RESOLUTIONS NOS.
95-753 AND 95-754, ADOPTED BY THE CITY COMMISSION ON OCTOBER 25,
1995; FURTHER AUTHORIZING AN INCREASE IN THE AMOUNT OF $37,000 TO
THE TOTAL AMOUNT AUTHORIZED UNDER SAID RESOLUTIONS, TO BE
EFFECTED BY INCREASING THE AMOUNT ALLOCATED UNDER
RESOLUTION NO. 95-753 BY $357,000, AND DECREASING THE AMOUNT
ALLOCATED UNDER RESOLUTION NO. 95-754 BY $320,000; ALLOCATING
FUNDS THEREFOR FROM THE GENERAL OPERATING BUDGET, SPECIAL
PROGRAMS AND ACCOUNTS, ACCOUNT CODE NO. 921002.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: INone.
ABSENT: None.
--------------------- ------------------------------------------------------------------------------------------
41. APPROVE PURCHASE OF MOBILE DIGITAL COMPUTERS RELATED TO
EQUIPMENT AND SERVICES FROM UNISYS CORPORATION -- FOR
POLICE -- ALLOCATE FUNDS $24,910.02 FROM OPERATION CARS
GRANT ACCT. CODE 110063.290478.6.840.
Commissioner Plummer: Forty-one is a companion. I move it.
Mayor Carollo: Forty-one has been moved.
Commissioner Gort: Second.
Vice Mayor Regalado: Second.
98 September 9, 1997
Mayor Carollo: Second. Any further discussion on 41? Hearing none, 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. 97-605
A RESOLUTION APPROVING THE PURCHASE OF MOBILE DIGITAL
COMPUTERS (MDCS), RELATED EQUIPMENT AND SERVICES, FROM UNISYS
CORPORATION UNDER EXISTING STATE OF FLORIDA CONTRACT NOS. 250-
040-96-1, 973-502-97-1, AND 250-050-97-1, FOR THE DEPARTMENT OF POLICE,
AT A TOTAL COST OF $24,910.02; ALLOCATING FUNDS THEREFOR FROM
THE OPERATION CARS GRANT, ACCOUNT CODE NO. 110063.290478.840;
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.)
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 Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
42. (A) AUTHORIZE EXECUTION OF INTERLOCAL AGREEMENT WITH
DADE COUNTY AND MIAMI BEACH -- FOR VISITORS
INDUSTRY VOLUNTARY EDUCATIONAL SERVICE TRAINING
TRUST (VESTT) -- FOR TRAINING OF VISITOR INDUSTRY
PERSONNEL -- ALLOCATE FUNDS $29,480 FROM ACCT. CODE
921002-340.
(B) REAFFIRM APPOINTMENTS OF VICE MAYOR REGALADO AND
COMMISSIONER GIBSON TO VESTT BOARD -- SEE LABEL 33.
Commissioner Plummer: Mr. Mayor, the Clerk has asked to go back to 21, to clarify that we did
in fact appoint Regalado and Gibson to that VESTT Board, but we did not include the Interlocal
Agreement. So, I move at this time, that we approve the Interlocal Agreement plus we appoint
the two members so designated to that board. I so move.
99 September 9, 1997
0
Commissioner Gort: Second.
Mayor Carollo: There is a motion by Commissioner Plummer second by Commissioner Gort.
All in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution and motion were introduced by Commissioner Plummer, who moved
their adoption:
RESOLUTION NO. 97-606
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, AMONG THE CITY OF MIAMI, THE CITY OF MIAMI BEACH,
METROPOLITAN DADE COUNTY AND THE VOLUNTARY EDUCATIONAL
SERVICE TRAINING TRUST ("VESTT"), FOR THE PURPOSE OF CREATING
AND MAINTAINING A QUALITY SERVICE TRAINING PROGRAM FOR VISITOR
INDUSTRY PERSONNEL IN THE DADE COUNTY AREA; AUTHORIZING THE
CITY MANAGER TO ALLOCATE FUNDS, IN THE AMOUNT NOT TO EXCEED
$29,480.00, FROM ACCOUNT CODE NO. 921002-340, WHICH AMOUNT
REPRESENTS THE CITY'S CURRENT MATCHING CONTRIBUTION FOR
PARTICIPATION IN SAID PROGRAM.
MOTION NO. 97-606.1
A MOTION REAFFIRMING RESOLUTION ON. 97-598 WHICH HAD APPOINTED
VICE MAYOR TOMAS REGALADO AND COMMISSIONER THELMA GIBSON
TO THE DADE COUNTY VISITOR INDUSTRY VOLUNTARY EDUCATIONAL
SERVICE TRAINING TRUST.
Upon being seconded by Commissioner Gort, the resolution and motion were passed and
adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
100 September 9, 1997
•
------------- --------------------------------------------------------------------------------------------------
43. AUTHORIZE TRANSFER OF FUNDS ($230,000) FROM ST. HUGH OAKS
CONDOMINIUM PROJECT FOR YOUTH CONSTRUCTION PROGRAM.
Mayor Carollo: OK, now we are in...
Commissioner Plummer: Twenty-eight.
Mayor Carollo: ... item twenty. Twenty-eight is correct.
Commissioner Plummer: As chairman of St. Oaks, which you chickened out, wouldn't be. I
move it.
Commissioner Gort: I will second. Discussion.
Mayor Carollo: Well, I wanted you to get some practice, Commissioner, for a want -to -be
chairman.
Commissioner Plummer: Yeah, right. Ah-ha, right.
Mayor Carollo: I wanted to test you out there first...
Commissioner Plummer: Yeah.
Mayor Carollo: ... and if you were good then...
Commissioner Plummer: That's right.
Mayor Carollo: ... we would see from then on.
Commissioner Plummer: Well, let me tell you how good I was. As of yesterday, we were
informed that we only have two units left to sell. Anybody wants a unit, you better rush down
and get it in a hurry because we are down to our last two.
Mayor Carollo: Well...
Commissioner Plummer: According to Linda Kearson.
Mayor Carollo: That's good.
Commissioner Plummer: Move it, Mr. Mayor.
Mayor Carollo: There is a motion, second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
101 September 9, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-607
A RESOLUTION APPROVING IN PRINCIPLE, THE ESTABLISHMENT OF A
YOUTH CONSTRUCTION PROGRAM TO BE ADMINISTERED BY COMMUNITY
DEVELOPMENT, NEIGHBORHOODS JOBS DIVISION, WITH FUNDS
THEREFOR, IN THE AMOUNT OF $230,000, BEING AVAILABLE FROM
PROCEEDS OF THE ST. HUGH OAKS CONDOMINIUM PROJECT.
(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 Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
--------------------------------- 7------ --------------------------------------------- ---------------------------
44. APPROVE $250,000 ALLOCATION FROM COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS PROJECT 780800 -- FOR INTERIM ASSISTANCE
NEIGHBORHOOD CLEANUP EMERGENCY CAMPAIGN.
Mayor Carollo: We are now in item 29.
Commissioner Plummer: So moved, it's part and parcel.
Vice Mayor Regalado: Second. Mr. Mayor, this item, it's very important and I guess that in the
afternoon session we'll be discussing the Solid Waste situation. But, I am really very happy that
this Commission is approving this item. I think that in the next weeks we will see the results of
this action that we are taking today.
Commissioner Plummer: I move 29.
Mr. Robert J. Nachlinger (Assistant Director): Mr. Mayor, if I could, I would just like to
heartedly concur with the Vice Mayor's recommendation. This is an item that Vice Mayor
Regalado brought to the administration which we took up and moved forward with and with the
assistance of Commissioner Plummer through the WAGES (Work and Gains Economic Self -
Sufficiency) Coalition we were able to expand our dollars available and run this program instead
of just for a two month period into a four month period. And, I would like to thank both of the
Commissioners for their assistance on this.
102 September 9, 1997
•
•
Commissioner Plummer: Call the roll.
Mayor Carollo: Call the roll, please.
Mr. Walter J. Foeman (City Clerk): I need a mover.
Commissioner Plummer: All in favor, say "aye."
The Commission (Collectively): Aye.
Mayor Carollo: Passes unanimously.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-608
A RESOLUTION ALLOCATING TWO HUNDRED AND FIFTY THOUSAND
($250,000.00) DOLLARS FROM COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS, PROJECT NUMBER 780800, TO IMPLEMENT THE "INTERIM
ASSISTANCE NEIGHBORHOOD CLEANUP EMERGENCY CAMPAIGN" IN AN
EFFORT TO ARREST THE DETERIORATION CAUSED BY TRASH AND DEBRIS
IN THE COMMUNITY DEVELOPMENT TARGET AREAS AND ALLEVIATING
CONDITIONS THREATENING THE PUBLIC HEALTH AND SAFETY OF THE
CITY OF MIAMI RESIDENTS.
(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 Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
---------------------------------------- --------------------------------------------- ---------------------------
45. DEFER CONSIDERATION OF PROPOSED AGREEMENT WITH
ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY FOR $75,000
FOR MARKET STUDY AND IMPLEMENTATION OF SAME ON TRAFFIC /
PARKING / ACCESS / ILLEGAL DUMPING AFFECTING PRODUCE
BUSINESS DISTRICT IN ALLAPATTAH.
Mayor Carollo: Well, you know, we said we will bring it back this afternoon. We will go from
there then. And, I certainly compliment Commissioner Gort in trying to do the best that he can
for a situation that not only affects Allapattah but affects all the residents Citywide.
103 September 9, 1997
Commissioner Plummer: Move 30.
Commissioner Gort: Second.
Mayor Carollo: Item 30 has been moved and seconded.
Vice Mayor Regalado: Mr. Mayor, on item 30, I have a problem here. It says that this group
will initiate and not only study but implement the recommendations contained. I wonder if, why
are we not informed of the recommendations before implementing?
Commissioner Plummer: Absolutely. You are absolutely right. Do the study and then we will
tell them whether to implement or not.
Commissioner Gort: Move it.
Mayor Carollo: That's right.
Commissioner Plummer: I amend the motion to read that way.
Mayor Carollo: Can we bring this back in the afternoon?
Commissioner Plummer: Sure.
Mr. Robert J. Nachlinger (Assistant Director): Yes, sir.
Mayor Carollo: OK, let's bring it back in the afternoon.
Commissioner Gort: Let me explain something on this item. One of the biggest problems that
we have in Allapattah is this area here where the market is.
Mayro Carollo: True.
Commissioner Gort: They have become very successful, not only in the market itself but
auxiliary markets have established around. And, the traffic problem there... I go through there
every day, 14th Avenue, it's a big problem there. You have a lot of problem with the sanitation
and we have a committee looking at this whole... not only this, but looking at the waterways in
there and we are going to come up with some recommendations. My understanding is, senior
staff will be become part of this study, they will be part of the recommendation. They will be
able to tell us and they have been participating for the last three months on this.
Vice Mayor Regalado: That's right, but if they want...
Commissioner Gort: No decision will...
Vice Mayor Regalado: ... us to approve the money, they have to tell us...
Commissioner Gort: Of course.
Vice Mayor Regalado: ... how they are going to use it.
Mayor Carollo: Well, Commissioner...
Commissioner Gort: No implementation will take place without our vote.
104 September 9, 1997
Mayor Carollo: You know, I am not sure if this is the normal process that we have done in the
past for studies of this sort or not. I would just like to have the opportunity to get a little more
information from staff and we will bring it back in the afternoon, if that will be OK.
Commissioner Gort: No problem, yes.
Mayor Carollo: Thanks, Commissioner.
Vice Mayor Regalado: Yeah, because I remember, Mr. Mayor, that several years ago there was
a study done and the study was taken out of the Miami Police fund. I quite remember clearly
that it was one million dollars ($1,000,000). And, then after we did the study there was no
money to implement the study. So, this is why we need to know specifically what are the results
of the study and decide if...
Mayor Carollo: Well, not only that, but why seventy-five thousand dollars ($75,000)? Seventy-
five thousand dollars ($75,000) is a tremendous amount of money. Who is going to do the
study? That, we need to get a hold of that situation there. I am absolutely convinced that we do.
I am just concerned in throwing this kind of money around and what are going to get for it and
who is going to be doing what.
Vice Mayor Regalado: And, I don't know. Like, Willy said, we have citizens there very
concerned, working... We have the NET (Neighborhood Enhancement Team) office, we have
the City staff and so I just don't know what, how this money is going to be used. I will move to
defer if this is the will of the Commission or bring it back this afternoon.
----------------------------------------------------------------------------------------------------------------
46. (A) APPROVE ASSIGNMENTS OF 1995 AND 1996 HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM GRANT
CONTRACTS BETWEEN CITY / CHRISTIAN COMMUNITY
SERVICE AGENCY / METRO DADE COUNTY HOUSING
AGENCY -- ALLOCATE FUNDS $ 1,745,000. ACCT. CODE
194003.590603.6860.94654 & $1,924,834, ACCT. CODE
194004.590604.6860.94654 -- SEE LABEL 72.
(B) APPOINT WILLIE DUCKWORTH AND BARBARA WILSON TO
HOPWA BOARD.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Thirty. We are in 30-A.
Commissioner Plummer: Move it.
Mayor Carollo: We are in 30-A. Commissioner Gibson.
Commissioner Gibson: I would like to do this... Could I do this whole thing at one time?
Mayor Carollo: Yes, ma'am.
Commissioner Gibson: This is the HOPWA (Housing Opportunities for Persons With Aids),
this whole thing of HOPWA.
105 September 9, 1997
Mayor Carollo: Yes ma'am.
Commissioner Gibson: Housing Opportunities for People With Aids. You know, we really...
This 30-A, is just talking about CCSA (Christian Community Service Agency) giving up their
funds and have asked the County to take over their funds and I really want that to happen
because we need to spend these funds. I went to a meeting for the Mayor on implementing from
the summit what had happened. And, I got myself into something that, I guess, I didn't have any
business getting into. But, I am concerned about this. And, I have found that we have funds
from '95 and '96, just a little bit from '94 that has not been expended. And, housing is certainly
needed for people with AIDS.
Unidentified Speaker: Yes, ma'am.
Commissioner Gibson: And, I would Iike to see us expend those funds. In addition to that, I
discovered that we had not put all the board members on the HOPWA Board and we need to
make those appointments.
Mayor Carollo: Well, Commissioner, if I may correct a statement you made. You have every
right and it was every bit your business to get involved in this.
Commissioner Gibson: Thank you.
Mayor Carollo: And, that's why I asked you to take my place on this board. Because, if there is
anyone in this Commission that has sufficient experience, you have been part of this board
yourself. You are a nurse, a registered nurse, and certainly are much more familiar with the
suffering and pain that it needs, that the people that have HIV and AIDS are going through. So, I
complement you for taking the bull by the horns on this one and really getting involved.
Commissioner, Gibson: Thank you, Mr. Mayor. I would like, to move that we move 30-A. In
addition to that I would like for us to...
Commissioner Gort: Second.
Commissioner Gibson: ... go ahead and appoint the members of that board.
Mayor Carollo: Certainly.' There is a motion by Commissioner Gibson on 30-A.
Commissioner Gort: Second.
Mayor Carollo: It's been second by Commissioner Gort. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
106 September 9, 1997
•
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The following resolution was introduced by Commissioner Gibson, who moved its adoption:
RESOLUTION NO. 97-609
A RESOLUTION APPROVING THE ASSIGNMENTS OF THE 1995 AND 1998
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM
GRANT CONTRACTS BETWEEN THE CITY OF MIAMI AND CHRISTIAN
COMMUNITY SERVICE AGENCY, INC. (CCSA) TO METROPOLITAN DADE
COUNTY HOUSING AGENCY (MDHA), IN THE AMOUNTS OF $1,745,000
(ACCOUNT NO. 194003.590603.6860.94654) AND $1,924,834 (ACCOUNT NO.
194004.590604.6860.94654), RESPECTIVELY; FURTHER, AMENDING SECTION 3
OF RESOLUTION NO. 97-518, ADOPTED JULY 24, 1997, THEREBY RESCINDING
THE $900,000 1996 HOPWA GRANT AWARD TO CCSA (ACCOUNT NO.
194004.590604.6860.94654) AND AWARDING SAID FUNDS TO MDHA FOR THE
PROVISION OF LONG TERM, PROVIDER BASED, HOUSING ASSISTANCE,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO
EFFECT THE HEREINABOVE TRANSACTIONS.
(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 Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: . None.
Mayor Carollo: OK, now...
Commissioner Gibson: They sent out some information on the people who are wanting to be on
the board of...
Mayor Carollo: Do we have this before us, now?
Commissioner Gibson: I got it over my desk some time back.
Commissioner Plummer: I made my appointment.
Commissioner Gibson: You've made your appointment, yes.. Did you make your appointments?
Vice Mayor Regalado: To where?
Commissioner Gibson: To the HOPWA Board.
Vice Mayor Regalado: Yes, I did.
107 September 9, 1997
Commissioner Gibson: The Advisory Board.
Vice Mayor Regalado: Yes, I did. I think...
Commissioner Gibson: OK, I would like to appoint Willy Duckworth to that board.
Mayor Carollo: OK.
Commissioner Plummer: Second the motion.
Commissioner Gibson: And, Mr. Wilson. There is a Ms. Wilson that was appointed by former
Commissioner Hernandez, and I would like for that to stand.
Mayor Carollo: OK, there is a motion for two appointments.
Commissioner Plummer: So moved.
Mayor Carollo: How many do I have available?
Commissioner Plummer: Well, there is two boards.
Mr. Walter J. Foeman (City Clerk): There is a selection review committee. Elbert, you want to
talk on that? And, there is also the board.
Mr. Elbert Waters (Interim Director/Community Development): The appointments that are
needed, Mr. Mayor, each one of you, one is the HOPWA Advisory Board. We need one
appointment. The other is the HOPWA Advisory Board which is the overall board, and we need
appointments there. We can suggest, because there are names of individuals that have submitted
to the administration and we forwarded it to your offices...
Mayor Carollo: Sure, yeah.
Mr. Waters: ... we can help in that process if you desire.
Mayor Carollo: Yeah, Mrs. Gibson, can you sit with them for a few minutes so this afternoon
we could bring back the rest of the names and make full appointments?
Commissioner Gibson: All right, I'll be glad to.
Mayor Carollo: Thank you, ma'am.
Commissioner Gibson: Thank you.
Commissioner Plummer: Yeah, and do a little bit more background check on the people that you
are recommending. They came and recommended one to me who I knew as an individual the
last time I had any dealings with was being sought after by the Internal Revenue Service. There
is no way that I was going to make that appointment to a twenty-six million dollar ($26,000,000)
board. So, just be careful of who you are recommending to this Commission.
Mr. Waters: Yes, sir.
Mayor Carollo: OK, now we have a motion and a second for those two appointments. All in
favor signify by saying "aye."
108 September 9, 1997
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
The following motion was introduced by Commissioner Gibson, who moved its adoption:
MOTION NO. 97-610
A MOTION APPOINTING THE FOLLOWING INDIVIDUALS AS MEMBERS OF
THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA)
ADVISORY BOARD:
WILLIE L. DUCKWORTH, NOT -FOR -PROFIT AGENCY CATEGORY.
BARBARA WILSON, SINGLE PARENT LIVING WITH HIV/AIDS CATEGORY.
[Note for the Record: Mr. Duckworth and Ms. Wilson were
nominated by ommissioner Gibson. The essence of this motion is contained in
Resolution 97-632.
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 Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
47. AUTHORIZE / DIRECT CITY MANAGER TO PROCESS FEMA PAYMENT
TO INDIVIDUALS ASSOCIATED WITH ACTIVATION OF URBAN
RESEARCH AND RESCUE TEAM (USAR TEAM) DEPLOYED TO PUERTO
RICO.
Commissioner Plummer: I move 31.
Mayor Carollo: Thirty-one has been moved by Commissioner Plummer. Second by
Commissioner Gort. If there is no further discussion on this item... Well, there is.
Mr. Manuel Gonzalez-Goenaga: It's no discussion. Besides the money, I, as a Puerto Rican, I
want to thank you, the help from the rescue group that went to Miami in that tragedy that we had
in Puerto Rico. And, I think that the Mayor of San Juan, Mrs. Calderon and also the Governor
really thank you, in Puerto Rico, during your stay there. Thank you, very much.
Mayor Carollo: Well, if you could personally deliver our thanks to your sister-in-law, Mayor
Sira Calderon of San Juan, we will be grateful.
109 September 9, 1997
0
Mr. Gonzalez-Goenaga: Well, I am sure since I have never been given a presentation or... in
Miami, not even the keys to the... The only keys that I have got in here is the keys to the Dade
County Jail, ten times. I think that...
Commissioner Plummer: They gave you the keys?
Mr. Gonzalez-Goenaga: Pardon me.
Commissioner Plummer: They gave you the keys?
Mr. Gonzalez-Goenaga: Yes, because of you...
Mayor Carollo: So, he could go out. You know, the first time.
Vice Mayor Regalado: No, it wasn't.
Mr. Gonzalez-Goenaga: ... before Cesar, I used to go in and out constantly.
Commissioner Plummer: I got to talk to that jailer.
Mr. Gonzalez-Goenaga: Thank you, very much. I behave. And, let me tell you, some of my
best friends were in jail. I really helped them as best I could.
Vice Mayor Regalado: And, some of your enemies, too.
Mr. Gonzalez-Goenaga: Well, he has not touched one day in jail, yet.
Mayor Carollo: Well, now we all know how well connected Mr. Goenaga is.
Commissioner Plummer: Call the roll.
Mayor Carollo: All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: Thirty-one passes unanimously.
110 September 9, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-611
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
PAY FUNDS IN THE AMOUNT OF $47,842.50 TO CERTAIN INDIVIDUALS FOR
THE PROVISION OF PROFESSIONALS SERVICES IN CONNECTION WITH THE
ACTIVATION AND DEPLOYMENT OF THE URBAN SEARCH AND RESCUE
TEAM ("U.S.A.R. TEAM") TO ASSIST IN THE RESCUE EFFORTS IN PUERTO
RICO FROM NOVEMBER 21ST TO DECEMBER 1ST, 1996; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO. 280601.270 FOR DISBURSEMENT BY
THE CITY TO SAID INDIVIDUALS, SUCH FUNDS HAVING BEEN PREVIOUSLY
REIMBURSED AT 100% TO THE CITY BY THE FEDERAL EMERGENCY
MANAGEMENT AGENCY ("FEMA") 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 Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
-------------- 7-------------------------------------------------------------------------------------------------
48. RATIFY / APPROVE / CONFIRM CITY MANAGER EMERGENCY
FINDING -- WAIVE COMPETITIVE BIDS -- APPROVE ACQUISITION
FROM VENDORS OF EQUIPMENT AND SUPPLIES -- FOR URBAN
RESEARCH AND RESCUE TEAM DEPLOYED TO PUERTO RICO --
ALLOCATE FUNDS $150,000 FROM ACCT. CODE 280601.840.
Commissioner Plummer: Move 32, with pleasure. We get our money back.
Commissioner Gort: Second.
Mayor Carollo: Thirty-two has been moved by Commissioner Plummer, second by
Commissioner Gort. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
111 September 9, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-612
A RESOLUTION BY A FOUR -FIFTHS (4/STHS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S EMERGENCY ACTIONS IN WAIVING
THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES AND
APPROVING THE ACQUISITION FROM VARIOUS VENDORS OF NECESSARY
EQUIPMENT AND SUPPLIES, IN THE AMOUNT OF $1S0,000.00, FOR USE BY
THE URBAN SEARCH AND RESCUE ("U.S.A.R.") TEAM WHICH WAS
ACTIVATED AND DEPLOYED TO ASSIST IN THE RESCUE EFFORTS IN
PUERTO RICO FROM NOVEMBER 21ST TO DECEMBER 1ST, 1996;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 280601.840 FOR
SAID PROCUREMENT, SUCH FUNDS TO BE REIMBURSED AT 100% TO THE
CITY BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA") 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 Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
------------------------------------------------------- --------------------------------------------------------
49. APPROVE ALLOCATION INCREASE FOR TIRES AND TUBES FOR CITY
VEHICLES -- ALLOCATE FUNDS TOTALLING $492,747.49 FROM GSA
ACCT CODE 509000.420901.6.721 AND FLLET SERVICE CENTER ACCT
CODE 5030001.291301.6.721.
------------------------------------------------------------------------------------------------=---------
Commissioner Plummer: Move 32-A, which has been done.
Mayor Carollo: That's been done already.
Commissioner Plummer: And, then I will ask on 33, I have a question. This is a jump of about
one hundred and ninety, almost two hundred thousand dollars ($200,000) in the jump from one
year to another. What happened?
Mr. Frank Rollason (Director/General Services Administration): This is an increase of one
hundred and ninety-four thousand five hundred.
112 September 9, 1997
•
.7
Commissioner Plummer: OK, I was close.
Mr. Rollason: OK.
Commissioner Plummer: Why?
Police Chief Warshaw: All right, let me...
Mr. Rollason: Go ahead.
Police Chief Warshaw: I'll try to answer this, Commissioner. What apparently happened is, the
whole GSA function was underfunded last year by about two million dollars ($2,000,000). And,
then, when Mr. Stierheim came in the budget was readjusted and the estimates that you see in
this for the original bid for tires were approximately two hundred thousand dollars ($200,000)
less than they should have been. So, a lot of the adjustments you are seeing coming before the
Commission are basically a reflection of the underfunding of GSA in past years.
Mayor Carollo: That's quite correct, Commissioner. For instance, to give you an indication of
what's happening. Solid Waste Department, there are no spare equipment for many trucks.
Commissioner Plummer: This is not for garbage, is it?
Mayor Carollo: So, the minute that one truck breaks down, they can't work because there are no
replacement trucks, because there are no spare parts to fix replacement trucks. So, then, we have
to wait for days at a time, sometimes weeks to have those vehicles replaced. And, it's the same
thing Citywide. But, you know, there were those who kept telling us we were in great shape,
that this whole deficit was exaggerated and I... In fact, you know, this, you know it's only a
small amount just to try to get back on our feet and be at the level that we should be.
Mr. Rollason: To the end of this year?
Mayor Carollo: Yeah, to the end of this year?
Mr. Rollason: This fiscal year.
Mayor Carollo: Like Chief Rollason said. And...
Commissioner Plummer: Do our cars carry spares?
Lt. Andrew Vera: Yes, they do.
Commissioner Plummer: And, I mean, it's beyond the policeman to change his own tire?
Lt. Andrew Vera: Well, first of all...
Commissioner Plummer: When my tire goes flat, I change it.
Mayor Carollo: That's not the case, J.L. That's not the case.
Commissioner Plummer: Huh?
Mayor Carollo: That's not the case, no.
Police Chief Warshaw: This bid is for the purchase of the replacement tires. Police tires have
changed spare tires on their own, but we do have a service.
113 September 9, 1997
Commissioner Plummer: Well, one of them had a flat tire along the side of my house, OK. He
had a nail in his tire. He sat there for two hours waiting for this truck to come by and change his
tire. And, I am being told this is not unusual, the amount of time waiting for this company to
come change the tires.
Commissioner Plummer: We would be better off with AAA, of course.
Police Chief Warshaw: The incident that you are referring to, I think occurred in Broward
County. But, the new contract...
Commissioner Plummer: I don't live in Broward County. This was right outside of my house.
Police Chief Warshaw: The new contract we have for the repair of flat tires and towing is
supposed to provide the... The vendor is supposed to get there within 20 minutes. And, you are
right, it's inexcusable for it to take hours for any City employee to be waiting out there
endlessly.
Commissioner Plummer: OK.
Commissioner Gort: I have a question. My understanding is, I received a call from some of the
local suppliers that in your requirement you specified specific make of a tire because they are
supposed'to stand 150 miles an hour, or something like that. I want to know what car would do
150 miles an hour within the City of Miami?
Police Lieutenant Vera: My name is Lieutenant Andrew Vera, I am in charge of the Fleet
Service Center. To answer your question specifically, we don't have any cars that do 150 miles
an hour. However, most of our cars are police pursuit vehicles which require a certain rated tires
to perform. The manufacturers won't warranty anything other than that particular rating. And,
that's what we purchase. Those tires are capable of doing 150 miles an hour without blowing at
least theoretically.
Commissioner Gort: But, my understanding is, a lot of us would do 120 specifications. I mean,
I don't know much about this business but I got calls from local people who would like to
participate and I understand their prices could be lower.
Police Lieutenant Vera: Well, like I said, we go by what the manufacturer recommends for
police pursuit vehicles and they require that you have a federally approved tire that's rated for
police pursuit. It's just a standard.
Commissioner Gort: So, what you are saying is, it's got to be federal approved for police
pursuit?
Police Lieutenant Vera: Right.
Commissioner Gort: OK.
Commissioner Plummer: They are not spending their own money. If they were spending their
own money, it would be a different story.
Mayor Carollo: All right. Any further. questions on item 33? Hearing none, all in favor, signify
by saying "aye."
The Commission (Collectively): Aye.
114 September 9, 1997
Mayor Carollo: It passes unanimously.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-613
A RESOLUTION APPROVING AN INCREASE IN THE ALLOCATION OF FUNDS
FOR THE PROVISION OF TIRES AND TUBES FOR CITY VEHICLES, ON AN AS
NEEDED BASIS, FROM A TOTAL ANNUAL ESTIMATED AMOUNT OF
$298.247.49 TO $492,747.49; ALLOCATING FUNDS THEREFOR FROM THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION (GSA), ACCOUNT
CODE NO. 509000.420901.6.721 AND FLEET SERVICE CENTER, ACCOUNT NO.
503001.291301.6. 721.
(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 Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mayor Carollo: This is the last item in the morning section of the agenda.
Commissioner Plummer: Move 34.
Mayor Carollo: It's 12 o'clock now, and we will...
Commissioner Plummer: You don't want to do...? Oh, OK.
Mayor Carollo: ... reconvene at 4:00 p.m.
Commissioner Plummer: Fine with me.
Mayor Carollo: Thank you.
Commissioner Plummer: Good.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 12:00 NOON AND RECONVENED AT 4:08 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT.
115 September 9, 1997
----------------------------------------------------------------------------------------------------------------
50. PRESENTATIONS: HARRY WAYNE CASEY (KC) DAY -
PROCLAMATION.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: All right, the afternoon session of our regular Commission meeting will now
come to order. We have a presentation to make just before we go back to our regular agenda.
END OF PRESENTATION
----------------------------------------------------------------------------------------------------------------
51. ACCEPT BID: ROYCE PARKING CONTROL SYSTEMS, INC -- FOR
BARRIER GATES AT MIAMI RIVERSIDE CENTER PARKING GARAGE --
ALLOCATE FUNDS $6,200.00 - ACCT. CODE 001000.311401.6.670.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: OK, Mr. City Clerk, I think we were on item 34.
Mr. Walter J. Foeman (City Clerk): Yes.
Mr. Frank Rollason (Director/General Services Administration -GSA): This is an item to try to
do some cost control over at the administration building. Since the City has occupied that
building, we have spent on outside vendors in excess of seven thousand dollars ($7,000) in
repairs to those overhead gates with people clipping and one thing and another. The gates were
just not made for the up and down that we are subjecting them to. What we will do is, during the
heavy traffic hours is, we will have the gates in the up position and we will have the arms that
activate quicker, people will be able to get in and out a lot faster. We won't have the lines
building up out to Second Avenue that we are experiencing now in the morning when people are
trying to get to work. And, that's basically it.
Vice Mayor Regalado: Are people that are breaking those gates, is the administration aware of
who they are or...?
Mr. Rollason: Originally, when gates were being broken there was a period of time that we had
a moratorium or the employees had to get used to how these things worked. And, we also have
the problem with citizens that also come in there and clip the gates. And, we have been a little bit
more tolerant on that side because they are not used to how this thing works. But, what we have
done lately is, we have notified the employees through the building... There is a building
committee and we have notified the employees that if they... It's determined that the accident
was preventable, that we are going to go after them and their insurance for reimbursement for the
damage.
Vice Mayor Regalado: You know, one of the complaints of the people that visit the
administration building is that there is no parking. And, if they found parking, it's parking
meters. And, if you stay, overstay in the building trying to get a permit or something, you get a
ticket, eighteen dollars ($18). Is there any way that some of the parking lot can be used for
public? Do we need to have a security guard? Can we charge parking for people that want to
park there? Because, I think, you know, right in the elevators, the few times that I drove to the
116 September 9, 1997
administration buildings and people recognize me, they really complain about the problems of
parking to do stuff in the administration buildings. And, you see when you go on the
expressway, you see part of the upper parking lot empty during the day. I was wondering if we
can sort of use that or charge a dollar or a minimal amount or don't charge anything if you are
going to do something in the building because... I don't know, it's a service. We are there for
service anyway.
Mr. Rollason: One of the things we have done is that the second lot behind the building has been
cleared. It was overgrown, it's just across the street, which is free parking. We have completely
cleaned that out and it is opened now. And, in most instances is more convenient for the public,
in and out, going into that ground level lot than it is fooling with the parking garage. Some of
them come with vehicles that are a little bit larger than what we would have anticipate especially
contractors and so forth that want to pull permits and they can't access the parking garage
anyway.
Vice Mayor Regalado: Mr. Gonzalez-Goenaga.
Mr. Manuel Gonzalez-Goenaga: Yes.
Vice Mayor Regalado: Do you want to talk about the gates?
Mr. Gonzalez-Goenaga: The issue is, that I just heard and using my philosophical point of view,
that this parking garage is used by the employees exclusively. Every time that Mr. Regalado,
Commissioner Regalado have said, any citizens who are the real owners of that building and the
taxpayers of the City of Miami, we can have, if it is raining, we get the ticket, the police makes
more money and if we don't pay within 30 days we get 44, and we go to do honest business at
the City building. And, let me tell you, I was... I had the opportunity to go for the first time, the
day of the party and I would like to see the City of Miami all over the City as clean as that
building. In other words, my personal perception is that this government is not for the people, by
the people and for the people but for the... by the employees of the City of Miami, for the
employees of the City of Miami, exclusively. The privileged ones in the first poorest City in the
nation. Thank you, very much.
Vice Mayor Regalado: Thank you. Just a thought, that the money does not go to the police, it
goes to the County authority. Commissioner Gibson, do you have any...?
Commissioner Gibson: I move item 34.
Vice Mayor Regalado: OK. Commissioner Gibson has moved item 34, is there a second?
Commissioner Plummer: Second.
Vice Mayor Regalado: Commissioner Plummer. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
117 September 9, 1997
•
•
The following resolution was introduced by Commissioner Gibson, who moved its adoption:
RESOLUTION NO. 97-614
A RESOLUTION ACCEPTING THE BID OF ROYCE PARKING CONTROL
SYSTEMS, INC., FOR THE FURNISHING AND INSTALLATION OF TWO (2)
BARRIER GATES AT MIAMI RIVERSIDE CENTER (MRC) PARKING GARAGE
FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, AT A
TOTAL COST OF $6,200.00; ALLOCATING FUNDS THEREFOR FROM ACCOUNT
CODE NO. 001000.311401.6.670; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR SAID ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
NOTE FOR THE RECORD: Although absent during roll, Mayor
arollo requested of the Clerk to be shown in agreement with the
motion.
----------------------------------------------------------------------------------------------------------------
52. RATIFY / APPROVE / CONFIRM EMERGENCY FINDINGS -- WAIVE
COMPETITIVE BIDS -- APPROVE PURCHASE OF TELEPHONE
TRANSLATION SERVICE FROM AT & T -- FOR POLICE AND FIRE
RESCUE -- ALLOCATE FUNDS $56,670 FROM E911 BUDGET ACCT.
CODE 196002.290461.6.340.
Vice Mayor Regalado: Thirty-five.
Commissioner Plummer: Move it.
Vice Mayor Regalado: It's been moved by Commissioner Plummer.
Commissioner Gort: Second.
118 September 9, 1997
Vice Mayor Regalado: Second by Commissioner Gort. Any comments? No comments. All the
members of the board signify by saying "aye."
The Commission (Collectively): Aye.
Vice Mayor Regalado: OK.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-615
A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY,
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND
APPROVING THE PURCHASE OF TELEPHONE TRANSLATION SERVICE FROM
AT&T, IN AN AMOUNT NOT TO EXCEED $56,670, FOR THE DEPARTMENTS OF
POLICE AND FIRE -RESCUE; ALLOCATING FUNDS THEREFOR FROM THE
E911 OPERATING BUDGET, ACCOUNT CODE NO. 196002.290461.6.340.
(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 Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
53. AMEND SECTION 5 OF R86-665 -- AUTHORIZE ADDITIONAL FUNDING
ALLOCATION FROM LAW ENFORCEMENT TRUST FUND TO
CONTINUE FORFEITURE FUND DETAIL -- ALLOCATE $430,000 FROM
LETF FUND PROJECT 690003.
Commissioner Plummer: Thirty-six.
Vice Mayor Regalado: Thirty-six.
Commissioner Plummer: I move it with an explanation.
Vice Mayor Regalado: Second. Mr. Mayor, we are in 36, now.
Mayor Carollo: That's correct.
119 September 9, 1997
Commissioner Plummer: It said "to continue the activity of said forfeiture fund." What are the
activities?
Police Chief Warshaw: OK. Commissioner, the law allows us to use the forfeited monies to pay
for the expenses of bringing in forfeitures. So, that includes the salaries of those employees who
work in the forfeiture unit as well as the cost for hearing, title changes and...
Commissioner Plummer: Do we have a breakdown?
Police Chief Warshaw: Yes, I believe we do.
Commissioner Plummer: You could furnish it to me afterwards.
Police Chief Warshaw: We will.
Commissioner Plummer: OK. How does that differ from the next item, 37?
Police Chief Warshaw: OK, the next item is part of the...
Commissioner Plummer: It's the same wording.
Police Chief Warshaw: Well, the next item is part of the five year plan where there was an
agreement made early on that we would use some of the forfeited assets to meet the obligations
of the City. And, what we have basically done is come up with a way to pay the salaries of
people who are working in tactical units, particularly those who are working in units that are
bringing in forfeited dollars.
Commissioner Plummer: One is a million eight and the other one is four hundred thousand.
Police Chief Warshaw: Now, the four hundred thousand dollars ($400,000), that's been an
annual thing. We have been doing that since the beginning since we started forfeitures. It also
pays, as an example, the salary of the attorney, it pays the salaries of sworn police officers and
those who work specifically with forfeitures.
Commissioner Plummer: Is this...?
Police Chief Warshaw: Now, item 37 is...
Commissioner Plummer: Is the million eight above the one hundred and eight million dollar
($108,000,000) budget?
Police Chief Warshaw: That's correct. It's completely separate.
Mayor Carollo: Commissioner, this is part of the five year plan.
Commissioner Plummer: Yeah, I understand that. But, I am just trying to ask what the
difference is between 36 and 37.
Police Chief Warshaw: Right. Thirty-six is only paying for those individuals that specifically
work in the forfeiture unit and for those costs associated with bringing forfeitures into the City,
which include hearings and so forth and so on.
Commissioner Plummer: OK, just give me a breakdown later.
120 September 9, 1997
E
E
Police Chief Warshaw: OK.
Mayor Carollo: OK.
Commissioner Plummer: We are on 36, I moved it.
Mayor Carollo: We are on 36. Is there a motion and second?
Commissioner Plummer: I moved it.
Mayor Carollo: OK. Commissioner... Vice Mayor Regalado seconds it. 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. 97-616
A RESOLUTION (Pending the Law Department.)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
121 September 9, 1997
----------------------------------------------------------------------------------------------------------------
54. AUTHORIZE ALLOCATION FROM LAW ENFORCEMENT TRUST FUND
TO REIMBURSE GENERAL FUND IN POLICE -- FOR ADMINISTRATIVE
COST OF SEIZURES/FORFEITURES -- ALLOCATE FUNDS $1,808,024.
FROM LETF PROJECT 690003.
Commissioner Plummer: Move 37.
Mayor Carollo: Thirty-seven has been moved by Commissioner Plummer.
Commissioner Gort: Second, 37.
Mayor Carollo: Second by Commissioner Gort. 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. 97-617
A RESOLUTION AUTHORIZING THE ALLOCATION OF $1,808,024.00 FROM
THE CITY OF MIAMI LAW ENFORCEMENT TRUST FUND, PROJECT NO.
690003, TO THE CITY OF MIAMI GENERAL FUND FOR REIMBURSEMENT OF
OPERATIONS AND ADMINISTRATIVE FEES INCURRED RELATED TO
INVESTIGATIONS, SEIZURE AND FORFEITURE EFFORTS AUTHORIZED
PURSUANT TO THE U.S. DEPARTMENT OF THE TREASURY "GUIDE TO
EQUITABLE SHARING" (THE "FEDERAL GUIDE"); SUCH EXPENDITURES
HAVING BEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH
SAID FEDERAL GUIDE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
122 September 9, 1997
•
•
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 Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
55. A. RATIFY / APPROVE / CONFIRM / EMERGENCY FINDINGS -- WAIVE
COMPETITIVE BIDS -- APPROVE EMERGENCY PURCHASE OF
UNIFORMS AND LEATHER GOODS FROM MARTIN'S LAMAR
UNIFORMS -- FOR POLICE -- ALLOCATE FUNDS $50,000 FROM ACCT
CODE 001000.290201.6.075
B. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 39 (ACCEPT
BID OF MARTIN'S LAMAR UNIFORMS FOR POLICE UNIFORM
ACCESSORIES AND AGENDA ITEM 40 (ACCEPT BID OF MARTIN'S
LAMAR UNIFORMS FOR UNIFORMS FOR POLICE) TO NEXT CITY
COMMISSION MEETING.
Mayor Carollo: We are in 38.
Commissioner Gort: Uniforms and leather goods.
Commissioner Plummer: Move it.
Mayor Carollo: No.
Commissioner Plummer: No?
Mayor Carollo: Before, well, there is a motion. Is there a second?
Commissioner Plummer: What was the motion?
Mayor Carollo: On 38.
Commissioner Plummer: To move it. I moved it. He said "no."
Mayor Carollo: It's been moved by Commissioner Plummer. Second... Well, no, no. You have
got to understand sometimes yes means no and no means yes.
Commissioner Plummer: Oh, I have heard about that before.
Mayor Carollo: Sometimes for some, yes means no. But, anyway...
123 September 9, 1997
Commissioner Plummer: Call the roll.
Mayor Carollo: On item 38, if we could have the administration speak to us on this one. I think
38, 39 and 40 are several that are kind of joined together.
Police Capt. Longueira: Mayor, Commissioners, 38 is really a ratification of the Manager's
action allowing us fifty thousand dollars ($50,000) to make purchases. Because, we had gone
out to bid and we rebid, the amount of time that we were rebidding we still needed to get
uniforms for new police recruits and things like that. So, that's what 38 is. It's really a
ratification so that we could have uniforms in the meantime while we rebid. It's really separate
from the next two items.
Mayor Carollo: OK. Is there anyone that would like to speak to item 38?
Mr. Manuel Gonzalez-Goenaga: Altogether 38, 39 and 40.
Mayor Carollo: I didn't know you were into uniforms, Mr. Gonzalez?
Mr. Gonzalez-Goenaga: Yes, I am using a white uniform showing cleanliness, honesty, integrity
and accountability. And, the Police Department gets like half of the budget and they constantly
ask for more. They are insaturable with funds. And, yet they are... Even though we might agree
to disagree, Mr. Carollo, I can tell you that experience... judgment comes from experience, from
bad experience. And, bad experience and experience comes from bad judgment. I hope you
understand that proverb. And, I do have much more experience than all of you together because
I have been arrested ten times in these magic, corrupt, ex -corrupt City of Miami.
Mayor Carollo: Thank you.
Mr. Gonzalez-Goenaga: Thank you.
Commissioner Plummer: I'll pass on that kind of experience. I move 38.
Mayor Carollo: We have some additional people that want to speak.
Mr. Oscar Paz, Jr.: My name is Oscar Paz. I represent Metro USA, we are a public safety
equipment supplier and were a recent bidder in the City of Miami uniform contract. First of all, I
would like to state that the uniform contract with the City of Miami is somewhat complex
through the sheer size of the department, the amount of items involved and the dollar value of
the contract. For many, many years this contract has been serviced mostly by one company.
From year to year as this contract comes out, people in the industry look at it, there is a
perception that it's to big of a monster to handle. But, this year we prepared ourselves, or I
should say last year, in '96, we prepared ourselves way in advance for the Miami contract. We
spent a year. We had six people working full-time. We met with vendors. We found the
product. Simply because we had looked at the contract and we knew that there was plenty of
room for improvement in saving the City some money. We subsequently submitted a bid packet
in late October or early September and our theory was proved right, in the fact that we had low
bided the uniform contract by one hundred and ninety-eight thousand dollars ($198,000) for one
year. The contract is a one year contract with a two year option to renew with an escalation
clause built in. If following previous years and previous contracts the City were to renew for the
consecutive additional years, there will be a total savings to the City of seven hundred thousand
dollars ($700,000). To my amazement, I say, well... Does it mean that I am finished?
Mr. Walter J. Foeman (City Clerk): Thirty seconds.
124 September 9, 1997
•
•
Mr. Paz: Sorry.
Mayor Carollo: Well, you could have some more time.
Mr. Paz: OK. We subsequently, after submitting the bid we figured we are saving the City
money, let's get ready for what comes afterwards. On September 17, 1996, I submitted a letter
to the Chief of Police and I would like to read that into the record at this time. "Dear Chief
Warshaw: Just a note to let you know that our company, Metro U.S.A., has submitted the lowest
responsible bid for providing uniforms and related gear to the Miami Police Department. Please
note that all items submitted with the bid package out of U.S. Manufacture meeting or exceeding
the specifications put forth by your agency. Our company has competitively bid this contract at
a savings of almost two hundred thousand dollars ($200,000) to your agency for the first year of
the contract alone. Should the City decide to exercise its option to accept years two and three of
our bid package, the total savings would be in the neighborhood of seven hundred thousand
dollars ($700,000). We stand ready to answer any and all questions that you and your staff may
have regarding the bid package including an item by item evaluation of all products submitted
with our proposal. We look forward to working with you and your agency on this project."
September 17th, if we recall, is the week that we were reading in the newspaper, almost on a
daily basis about how the City was sixty million dollars ($60,000,000) in debt. And, here we are
offering a savings of a substantial amount of money to the City. To my amazement, thinking
that we are a new vendor and the Chief and his staff will probably have questions due to the
substantial difference in price that somebody would come and ask us, good guys, let's see what
you got. To my amazement, nobody returned our correspondence. Subsequent to that, I was
informed by the Purchasing Department that upon recommendations to the City Manager by the
Police Department, we were going out for a rebid for the contract. There was no additional
explanation given to me at that time. I immediately wrote a letter dated January 16th to Judy
Carter, who is the Chief Procurement Officer for the City of Miami. I was understandably upset
when I wrote the letter, so I hope that when you hear what I have got to say here, you will hear it
in that light. "Dear Ms. Carter: I am in receipt of your letter regarding the City of Miami Police
Department uniform contract and the City Manager's decision to go out for rebid. Although the
City has every right to rebid this project, I would like to point out highlights why this is not in
the best interest of the City of Miami. First and foremost let's establish the fact that the City of
Miami Police Department has been getting ripped off for the better part of the past 15 years on
this uniform contract. This is widely known by everyone involved including the officers, union
officials, vendors and other law enforcement agencies. It is a standing joke in the community
and all over Florida how the Miami Police Department routinely gets grossly overcharged for its
uniform needs. In order to better illustrate the statement of fact I have chosen a number of
uniform items at random from the recent bid tabulation. Item number one, English Riding
Jacket - the City is now paying fifty four dollars and ninety five cents ($54.95) we bid sixteen
dollars and ninety five cents ($16.95) or a 225 percent price difference; Staff Uniform Pants -
currently paying one hundred and twenty dollars ($120), we bid it forty-two dollars ($42) or a
185 percent price difference; Blue Heavy Patrol Jacket - now paying one hundred and seventy-
seven dollars and 15 cents ($177.15), we bid it ninety-nine dollars ($99), an 80 percent price
difference; Police Dress Jacket - now paying two hundred and forty dollars ($240), bid price one
hundred sixty nine dollars ($169), a 44 percent price difference; sweaters, currently paying sixty-
three dollars and eighty cents ($63.80), bid at forty-nine dollars ($49), 28 percent..." And, so on
and so on.
Commissioner Plummer: Can I stop you for one minute, sir? I don't have... There was
obviously more than one bid?
Police Capt. Longueira: No, at this point there is only one bidder, Commissioner.
Ms. Judy Carter (Director/Purchasing): Yes.
125 September 9, 1997
Police Capt. Longueira: Because, we rebid... He bid the first time, he elected not to bid this
time, that was his decision.
Commissioner Plummer: So, I don't have anything to compare what he is saying?
Police Capt. Longueira: No.
Ms. Carter: Because that bid was rejected.
Police Capt. Longueira: That bid was rejected. You have to remember...
Commissioner Plummer: OK, all right.
Police Capt. Longueira: OK.
Commissioner Plummer: Let him go ahead and finish, then I will go into it. I just was asking if
there was something to compare the way he's talking. I don't have anything.
Mr. Paz: Commissioner, I have a package of information which I intend to leave behind, if it
will help you in that regard. Second page of the letter. Last September 17, 1996, I submitted a
letter to the Chief of Police, copy attached, informing him of the gross difference in our bid for
the same item versus the current supplier. Furthermore, I highlighted the seven hundred
thousand dollars ($700,000) savings over the life of the contract, made my staff and myself
available to answer any and all questions. Anyone may inquire about the price or service or the
quality of the garments offered. We never even received a response. As a property owner and a
taxpayer of the City of Miami, I find it inconceivable that our effort to save the City some seven
hundred thousand dollars ($700,000) over the next three years is ignored. And, that as I write
this letter, your offer is still being sent down to the current supplier under a 180 day extension of
the current uniform contract at a time when City parks and pools are being closed to children.
As police officers and other City employees forego their benefits and pay raises, as I watch my
trash pile up outside my property and as the movement proceeds in an attempt to abolish the City
of Miami, you have made a conscious decision to keep overpaying as much as 225 percent to
purchase your police uniforms from the current supplier, where does the insanity stop? By
rebidding this contract all you will accomplish is the further waste of taxpayers dollars, your
time, mine, everyone's involvement in this uniform contract. And, till when that process takes
place, we, the taxpayers continue to get raped by a system that does not seem to awaken from its
own nightmare. I am ashamed to even be a part of the process, how do you feel about it, Mrs.
Carter? This letter subsequently led to a meeting with Assistant City Manager Weeks, and we
had an in-depth discussion as to this contract. They went ahead with the posture that they will
go ahead rebid this contract. No reason was given why our bid was being turned down, no
discussion other than the meeting we've had with these two people. When they went out for a
bid, only one company bid it. The company that has had the contract at least for the past 12 to 15
years. This is the City of Miami's Police Department, the largest, one the largest law
enforcement agencies in the State of Florida and you are telling me that they are going out for
bid on the uniform contract and one company responds. That in itself gentlemen tells you there
is a problem here. But, it goes further than that. Aside from the fact that we have asked on a
number of occasions to review documents from the City of Miami regarding the issuing of
equipment kits to the officers and so forth, and we have gotten no cooperation in that regard. On
March 19th, we went down and picked up the previous samples we have left for the bid and we
decided not to bid on the second portion of the contract. After that meeting, I never heard again
from anybody from the City of Miami until July 22nd of this year. I wrote another letter to Ms.
Carter. And, I said, Dear Ms. Carter: It has been more than seven months since our first
correspondence regarding the Miami Police Department uniform contract. Over that period of
126 September 9, 1997
time, we have had no definitive communication regarding the resolution, rebid or award of same
from your office. The purpose of my letter today is to inquire into the status of your progress
resolving this matter, and to remind you of our commitment of protecting the City of the Police
Department's best interest throughout this process. If any member, once again, if any member
from my staff or I can provide you with information that might be helpful over the course of
your inquiry, it would be my pleasure to make those services available to you at any time. It is
my hope that a resolution to this dilemma is close at hand. I trust that you share that sentiment.
Today, is September 9th, I never received a response to this letter either. I did get a call this
morning, one of my people in the office got a call this morning from a person identifying
themselves, as Assistant City Manager who said, "By the way, they put it on the agenda today
and they are going to award the contract to the current supplier." I don't know how anybody
feels about this and I don't know if I am completely off my rocker, OK, but, I do not understand
how does somebody come to the table at a time when the City is in dire financial need of funds
and somebody says, I can give you the same thing that you have been buying for 15 years for
225 percent more. And, then not only does nobody recall my call, answer the packet, respond to
Any of my inquiries and then decides to continue while this City was taken over by the State of
Florida, they were sending police officers to the current supplier to continue to get the goods at
225 percent more. Now, I don't know if I am crazy or what? But, I have a problem with this.
And, as a citizen and a taxpayer I got to sit here in front of you and I got to ask, "gentlemen, will
somebody please tell me why this continues to happen, and why we are sitting here today telling
this Commission to award the contract to the same company as a sole bidder, which is not a
competitive bid process and we are telling this Commission today, to once again give the
contract to the same people for the same...?" I just want an answer from somebody and I'll
gladly walk away, gentlemen.
Mayor Carollo: You came to the right place for an answer, Oscar. The only area that I will
differ with you right now on is, that this City was never taken over by the State of Florida. We
are still in charge of the City and we are the ones that...
Mr. Paz: I meant temporarily, Mr. Mayor.
Mayor Carollo: ... has gotten it out of the mess that it was in. But, you have brought up some
very fine questions that I would like to have answers for also.
Captain Joe Longueira: Mr. Mayor, if I could just make two points, then I will give it to our
Chief Procurement Officer. You said that over the past 15 years, Martin Lamar has had that
contract. That's not untrue. Within the past 15 years, he has had that contract. And, its prior
company, Jules Brothers, has had that contract. Blues Uniforms has had that contract, and for
six years Martin Lamar, out of the 15, has had that contract. So, he is incorrect in that statement.
The other thing is, we went out for a competitive bid. As a vendor, he elected not to participate
in that process, OK? And, as far as responding to letters and everything, I'll let Ms. Carter
address that.
Mayor Carollo: OK. One question that we would like to ask though, before she begins, is why,
if he is correct, and you are telling me he is not correct, that he was the lowest bidder by a
substantial amount the last time, why were all the bids thrown out...?
Commissioner Plummer: Exactly, my question.
Mayor Carollo: ... and we started again?
Ms. Carter: First of all, unfortunately, Metro USA has not been correct on all the items and I
will share with the you the facts. With regards to his particular response to the first bid. The
requirements of that bid document required that you meet all of the specifications. One, that the
127 September 9, 1997
City's method of award was to award on lumpsum basis to one vendor. The department's
decision to do that was to provide ease for those particular employees to be able to have access
to have one vendor. That was the method of award and that is the way in which such an
evaluation would have had to occur. Upon receipt of the two bids, in fact, we did receive two
bids, one from Martin Lamar and the other from Metro USA. In reviewing those bids, we found
that in fact, each of those vendors did not meet all of the specifications. The method of award
would not allow me to split an award because we gave notice through our solicitation that we
were not going to approve an award in that way. But we were going to award on a lumpsum
basis to those... to that one vendor who was meeting all specifications. So, based upon that
position and based upon the fact that the Police Department did agree that there are items that he
was mentioning, in fact Metro USA was low, and on other items Martin Lamar was low. The
method of award was different and therefore we could not have split. That was one reason.
Secondly, we found that, particularly as it relates to certain specifications where we asked from
Metro USA as well as from Martin, we want firm pricing for the first two years, I would ask you
to ask him, did he do that? And, the absolute answer to that is, no he did not. He had indexing
beginning the very first year. So, with all of these different issues here, and my desire to be fair,
my desire to ensure that, in fact, we are getting the best price and we do have that flexibility, we
then sought the City Manager's approval to reject those bids and we changed the bid altogether.
Well, what did I do? Well, we did this. We split the bids. We decided that there may be
vendors who in fact can provide accessories but would not have an interest in uniforms. I don't
know the universe, and Metro USA is not the only one who potentially could in fact respond to
our bid. So, we decided to split and create two bids which you see there. One for accessories,
one for uniforms. We also decided to revise and make clear certain specifications to ensure that
when we evaluate it for any substitutes that was submitted that, in fact, we had an objective way
to ensure that if Metro USA provided a substitute or Martin Lamar provided a substitute,
anybody else for that matter provided one, that, in fact, we had an objective way to evaluate the
bid to ensure that whomever was the lowest responsive and responsible bidder that in fact, they
are the ones that will be proposed to you. Now, unfortunately, when we reissued the bid, Metro
USA chose for whatever reason, not to respond. As a result of that, which I find perplexed
because if anything, my intent was to open it up and even to the extent, Mayor and
Commissioners, have more than one vendor, so be it, in order to ensure the participation and the
opportunities for all. Now, as it relates to this position taken by our friend over here that we did
not respond, I take issue with that. Because, on January 13, 1997, I, in fact, responded to the
very first letter that he sent detailing not only the rejection but explaining pursuant to the code
my requirement of any vendor that we let them know what the reasons are for the rejection, we
did so. And, if you would like "to have a copy of that, I would submit that to you. So, I beg to
differ that such a letter was not sent. We reissued the bid, we desired him to respond as well as
anybody else including other vendors who did not respond before. For whatever reason, he did
not elect to respond. We have one bid. We had an expired contract for several months. And, it
was our need and our understanding that we needed to proceed with particular contract, and we
in fact did.
Commissioner Plummer: What's the difference in the first bid between the two companies?
How much was the financial difference? He says 246 percent. I don't know what the bottom
line is...
Ms. Carter: Well, it... Well, you can't put...
Mr. Paz: Commissioner, our tally...
Commissioner Plummer: Excuse me, sir. I asked the ones that I pay. I don't pay you.
Police Capt. Longueira: Approximately, two hundred thousand, Commissioner. But, you have
to understand he did not give us the specifications and firm pricing, OK? And, that's the issue.
128 September 9, 1997
If I could just give you like one example, he bid a skirt for police women, with no belt loops.
We can't give police officers a belt with a gun on it with no belt loops on the skirt. That was one
of the issues our people found. There were 20 issues where he did not comply with the bid
specs.
Commissioner Plummer: Were there more than two bidders the first go around?
Police Capt. Longueira: No.
Ms. Carter: No. It was the two bidders, yes.
Donald Warshaw (Police Chief_: Mr. Mayor, I would like to make a couple of comments into
the record, if I may? I have had a long history with the uniform vendors and the uniform bids
over the years. And, I want to take you just briefly through it over the last ten or 15 years when
many of the uniforms we bought fell apart. And, that's when we started some ten years ago
redesigning and making those specs better. Specs which by the way, right now have been copied
and piggy backed by Metro Dade County, by Miami Beach and other municipalities where we
have formulated a specification for a uniform that has been so good that in the last two years as a
result of the concessions that the union made we have not issued any uniforms for the last two
years. This bid you are looking at now is for the next fiscal year. And, that's because, yes, we
do buy a quality product and a quality uniform that doesn't fade and doesn't fall apart. Now,
with all due respect to Mr. Paz, some of the uniforms, particularly the shirts, were of a quality
where they didn't meet our specifications, they were fading and there were other things that
didn't meet the specs that we have worked many, many years to develop. Me, personally, it
makes absolutely no difference to me who the vendor is who provides uniforms, as long as the
vendor meets the specs that we have set forward. And, Mr. Paz knows my feelings, I could care
less if it was Lamar's or Mr. Paz's company or anyone else, as long as our officers are
uniformed. Now, the specs are detailed and because of that, as Ms. Carter explained, we split the
bids in half because accessories are things that are much more readily available. Things like
belts and holsters and, you know, the accessory type of equipment that pretty much is bought off
the shelf as opposed to shirts that have to be customized for our officers. But, as far as the
gauging of the prices, and I know the gentleman from Lamar is here. I mean, I don't know why
Mr. Paz is saying that we are being gauged in paying two hundred and twenty-five thousand
dollars ($225,000) more when I know for a fact that Metro and the Beach pay comparable prices
to us. They might pay a little less than Metro because they buy in much greater volume. But,
I'd be interested to hear, you know, about that. I mean, I wouldn't want the City to be gauged
for any amount of money. And, again, you know, our involvement in the bid process is just to be
sure that the specs are met and we get what it is we want to buy. I don't know if the other
vendor wants to speak.
Mr. Paz: May I respond, Commissioner Plummer?
Mayor Carollo: Certainly.
Mr. Paz: Chief, I understand your concern for quality and, believe me, we knew what we were
going up against when we decided to pick this contract. And, I assure you, this man that sits
here does nothing but government contract bid with every municipal government agency in the
State of Florida. That's what he does for a living. Full-time, he has been doing it for 15 years.
And, I assure you, that when we got ready to go to the table for the City of Miami, I assure you,
just like you do your homework like a professional, we did our homework and are professional.
And, I challenge anybody to sit with me at a round table and we will prove to you and your staff
that every item we bided meets specifications. Furthermore, if there was any concern from the
Police Department as my... to the quality of my products or meeting the specifications, I have
had numerous correspondence as I have read into the record with both your office and the
129 September 9, 1997
Procurement Division from day one, and it seems to me, that when that two hundred thousand
dollars ($200,000) sign was flashing and the City of Miami was sixty million in the hole, that
somebody should have said bring this guy down here, we want to look at his shirt, we want to
look at his pair of pants and then tell me that it's no good, and then tell me it doesn't meet a
criteria. You know, it's nice to have loops on a skirt, not when you are sixty million in the hole.
When you are sixty million in the whole, you call the guy in and you say, hey, listen bud, you are
saving me two hundred thousand, could you put some loops on the skirt? But, you see that's not
what we have here. What we have here is a contract that they have allowed a specific vendor to
get spec in so that nobody else can bid it. The Police Department has been sold on the concept
that you must pay this outrageous excess of money to get these goods because they are of
exceptionally good quality. Never mind you, that the City of Hialeah, the fourth largest Police
agency in this County, wears a nineteen dollar ($19) shirt. Never mind. That South Miami,
Virginia Gardens, Miami Springs and every other Police Department in town wear a nineteen
dollar ($19) shirt. Well, that's not good for the City of Miami. The City of Miami has to wear a
thirty-four dollar ($34) shirt. And, I say to you gentlemen, as a taxpayer, we got a problem.
When this City is in the financial condition that it is today and we are making decisions that a
policeman should wear a thirty-four dollar ($34) shirt versus a nineteen dollar ($19) shirt. The
policeman in South Miami is doing just as good of a job as the one in the City of Miami. And, if
the nineteen dollar ($19) shirt is good for him, then for God's sakes, it's good for the City of
Miami, I say.
Mayor Carollo: Armando, can you come up here, please? He's the Vice President of the FOP
(Fraternity of Police). Would you like to give us some input on this whole thing with the
uniforms?
Mr. Armando Aguilar: Armando Aguilar, Vice President of the FOP (Fraternal Order of Police).
I agree that the quality of the shirts that we have been wearing lately and in the past few years
are a lot better than what we used to wear. And, yes, maybe we pay a little more for them, but
the fact is, they last longer. And, it saves the City money. Because, I remember wearing
uniforms that not only did I wear them for a month at a time or a year or so, but wearing them
for a couple of weeks and falling apart on me. I mean, just the seams breaking out on them. I
mean, everything, the shirt falling apart. We haven't had that in a long time. They are better
quality uniforms.
Mayor Carollo: What's the average time that you are getting out of these uniforms now?
Mr. Aguilar: Well, since we had the concessions, our officers have not had uniforms unless they
ripped them jumping a fence or by accident. And, the uniforms have pretty much held up and
we haven't had any uniforms issued to us.
Police Capt. Longueira: Mr. Mayor, if I could just say two things. The FOP (Fraternal Order of
Police) had two representatives that was on the uniform committee and reviewed their submittals
of sampled items and was part of the committee that deemed that they did not meet the specs.
The other thing is, Martin Lamar bid twenty-seven dollars ($27) on the short sleeve shirt, which
is the bulk of what we buy, they bid twenty-three. So, he can take extremes, but when you get to
the uniform that we wear the most, it's not way out of line, OK. And, Judy Carter has got some
more information for you.
Ms. Carter: Sir, with all due respect, I am getting a little bothered here because on a consistent
basis, Metro USA continues to tell information that is not correct. It is not correct. First of all,
the most important thing is, and that in this City of Miami first bid we required, and this is
critical, beyond the point of specifications, we said we want firm pricing for the first two years,
that's critical. We don't want indexing. You are going to give us a price and you are going to
hold that price for the first two years and then we'll deal with indexing. They did not do that. I
130 September 9, 1997
0 � 0
could not award a bid to them for that. They were nonresponsive on that issue and that issue
alone. Not to mention the very specifications and they did not meet those. So, I am really
disappointed here that continuously we are representing to you as well as this community that
this particular firm met every specification, term and condition of that first bid. And, I submit to
you with all sincerity that is absolutely untrue.
Mayor Carollo: OK, last but not least, Mr. Paz...
Mr. Paz: Mr. Mayor, I don't have the bid packet in front of me. I am looking at our Vice
President of Sales and he assures me that, yes; we bid it, firm pricing for the duration of the
contract. Believe me, we went through every paragraph, we read it twice because we knew, we
knew they were going to do that. We knew we would be here today. We did our homework on
this contract. And, I am telling you, Mr. Mayor... We can go back and forth with this for three
days...
Mayor Carollo: Well, that...
Mr. Paz: I assure you that we meet the specifications. And, I have...
Mayor Carollo: The question....
Mr. Paz: And, I have made my case in bringing out to you the incredible amount of money that
the City is wasting on this matter. And, I rest my case, sir.
Mayor Carollo: The question that I have is, why didn't you rebid after it was put out again for
bid?
Mr. Paz: Well, we bid the first time and they threw it out again without giving us any reason.
They went out for a rebid of the same, identical contract. We had two problems with the rebid.
First, we felt we were fighting a battle... First of all, there was no reason to throw it out, none
whatsoever. The only reason why it was thrown out is because it wasn't the vendor of their
choosing. So, they found a reason to throw it out, which reason to this day has never been given
to me in writing. Nobody has ever said, we are declaring you irresponsible for this and this
reason. So, they put it our for a bid again. We thought number one, that we were fighting an
uphill battle to bid this again. When we went down to the Police Department to pick up the
required samples that we must resubmit with the bid package, 25 of the bid samples were
missing from the Police Department. I wrote an additional letter to the Chief of Police
requesting his assistance in recovering these samples and I was basically told, sorry, we.... look
we gave them to you, or we didn't give them to you. So, in a timely manner, there was no way
we could recompile all of the items needed and rebid again. Aside from that fact, at this point in
a cmpetitive bidding process when you throw a bid out, now everybody knows everybody's
prices. And, basically, what you get now is, you get into a cat fight of lowering pennies to get
the contract. To my amazement, we decided at the last minute not to bid. To my amazement,
nobody else did. Imagine that. There are five or six uniform companies in Dade and Broward
County capable of handling this contract. And, everybody said the same thing we said, you
know what, this aggravation is not worth it. They don't want us, they want Lamar.
Mayor Carollo: Well, the problem that I see is one, we cannot give this contract, we cannot
award it to anyone else except this firm unless we throw them out again. By you not bidding,
you assured yourself that you could not get the contract now. That's number one. I only see two
ways that we could go about this. Number one is, we accept the contract that's before us with
the recommendations or two, we throw it all out. And if we throw it all out, we are not going to
be going through the same thing again. Then, I would will want the Manager, so that there is no
questions ever raised by anyone, to bring someone from the outside and go through the whole
131 September 9, 1997
procedure so we could put. a rest to this whole matter once and for all. But, I submit the only two
avenues that I think we could go in handling this to my colleagues and I will be happy to go with
the majority of my colleagues whichever way they decide to go.
Commissioner Plummer: Well, I'll tell you how one feels. I don't think we can afford not to
investigate a two hundred thousand dollar ($200,000) saving. Unfortunately, I don't have
anything here to compare one to the other. I don't have his bids, I do have Lamar's. And, I am
saying is, that I don't know how I can vote when the Police Department acknowledges that there
was a two hundred thousand dollar ($200,000) saving. I understand quality and maybe when I
see a comparison of one to the other and I see prices one to the other, then, I can make a decision
as to quality and price. But, without it, I have to say I go the second route.
Vice Mayor Regalado: Mr. Mayor, I have heard both sides and I too, have many questions. I
understand why the quality issue is so important. But, here in the City of Miami, the City has
been under the scrutiny by the world, by the press and by all the residents. And, we just cannot
afford even if it does not extend on the facts, somebody or some people believing that the City
has preference for one company or another company. We have to be transparent here, so I too,
would like to start the whole process again.
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Go ahead.
Commissioner Gort: I agree with my colleagues but I think when they come back to us we also
have to make a business decision. I think quality, we got to analyze it, it might be a savings of
two hundred thousand dollars ($200,000) today, but if we have to buy...
Commissioner Plummer: The problem is.... (inaudible)
Commissioner Gort: ,... them every six months that savings might be gone within a year. So,
whatever... I would like to see it rebid but, I would like for them to come back and give us the
importance of the quality, how long would the uniforms last and how many purchases have we
had and what has been our experience in the past? In the past, how many years it has been taken
before we change uniforms because of the quality? I need that information to make a decision.
Vice Mayor Regalado: But, but...
Commissioner Gort: I mean, a statement was made here, to the savings that's going to be taking
place. I would like to see that. But, at the same time, I would like to see the savings in a long
time, not a one time savings. I would to make a business decision.
Vice Mayor Regalado: Yeah, the problem, Commissioner, is that this is not especially about
quality. It's about the image of the City.
Commissioner Gort: No, I understand. But, I think the people will understand that...
Commissioner Plummer: Huh.
Commissioner Gort: ... we might save two hundred thousand but if in the long run, in five years,
we are going to spend a lot more, then it's not a savings there. And, I think these are the things
we need to analyze.
Commissioner Plummer: It's also about money.
132 September 9, 1997
Mayor Carollo: Well, yeah, we have to analyze all that. If these uniforms, in fact, last a lot
longer, do they last so much more longer that the price difference is worth paying for? You
know, we heard from the Vice President of the FOP, that they are satisfied with the longevity of
the uniforms but at the same time, we have to look to see if the difference in price is worth the
extra months or years that we get out of those uniforms.
Commissioner Plummer: Mr. Mayor, let me say to you that Lamar Uniforms, I know, have done
a splendid job. A very good job for this particular City. The only thing I hold against them is,
that they are not smart enough to have an office in this City. But, they can rectify that. But, it's
just the idea that when the Police Department says to me, not him, but the Police Department
that there was a two hundred thousand dollar ($200,000) difference, that's what I have to see, the
comparison. And, here again, let me go one step further. I am not necessarily saying reject the
bids. If they don't produce to me something to compare and something to see, then I will vote to
reject. But, I can just as easily be content with a deferment to furnish me with all the stuff that I
can use to compare which I don't have now.
Mayor Carollo: Commissioner Gibson.
Commissioner Gibson: Mr. Mayor, I went to the briefing and from what I heard, they really
need the uniforms right now, and I was wondering if we couldn't pass number 38, which is just
for fifty thousand dollars ($50,000) and perhaps defer the others until we get further information.
But, because of the need right now...
Commissioner Gort: But, 38 is...
Commissioner Plummer: It doesn't work that way.
Commissioner Gibson: That's what they... I heard at the briefing that this was a desperate need,
that they hadn't uniforms in two years.
Police Capt. Longueira: Commissioners and Mayor. Commissioner Gibson is talking about the
fact that our officers have not had a uniform issued in two years. There are officers that are
buying their own uniforms, ripping the patches off of their old uniforms and having their wives
sew them on. This is... We have officers screaming about this situation. They come to work
and work hard every day. And, they need the uniforms to do their job. Now, item 38, that you
are talking about is a passed item. We would need to do a new item if that's.... and we need
close to one hundred thousand dollar ($100,000) extension because of the condition of the
uniforms.
Commissioner Plummer: Item 38, is no problem at all. We are doing nothing more than
ratifying what the Manager has already done. So, that's no problem. What are we going to do,
make him pay it out of his own pocket? Not a bad idea, but we are not going to do it. The
problem, I think that you are going to find from any of these vendors, Commissioner Gibson, is
the fact that their prices are predicated on volume. And, if they only buy so much, they are not
going to give you as good a price as if, in fact they were to pay a full volume of 1,200 shirts as
opposed to 300 shirts. And, especially if they are having to be custom made.
Mayor Carollo: Mr. Manager.
Mr. Marquez: Thank you, Mr. Mayor. First of all, this is a kind of strange situation where we
are about to possibly reject the bid from a protestor that did not bid. And, the two hundred
thousand dollars ($200,000) that you are talking about, the possible differential, was based on
bids that was received the first go around where all bidders were rejected because both bidders
did not meet the specifications. Part of the two hundred dollars ($200,000) differential can
133 September 9, 1997
easily be made up by the lack of a fixed price within that proposal, that's number one. Number
two, I would ask the City Commission to do one or two things. One is a compromise right here.
Perhaps, accept this award for a one year period of time. We will not go for the additional two
years and then at the end of this one year period, go and rebid these contracts again. That's the
middle of the road approach. Conversely, if that's not acceptable, then I would ask for a
deferment and let us go back and try to substantiate to your satisfaction that we are indeed not
wasting the City's money. I want to reiterate the point from the Police Chief. I don't know
these companies from Adam. There is no preference by at this Administration as to who gets the
award. I trust the process that has been used by my staff here, as far as analyzing which
materials are good, which ones will last longer, what should be the specifications _ in the
documents...
Commissioner Plummer: There was no annualization. A second go around, there was only one
bid. What is there to analyze?
Mr. Marquez: Well, fine.
Commissioner Plummer: Well, hey, Mr. Mayor, I can go for the deferment, I can't go for a one
year extension.
Mayor Carollo: Ms. Carter, can you....?
Vice Mayor Regalado: Absolutely. Mr. Mayor, I...
Mayor Carollo: Hold on. Ms. Carter, for the record, can you state what comparisons you did?
Ms. Carter: Yes. Well, one of the things you mentioned as part of the evaluation process. City,
I want you to include outside sources to evaluate the bid. Well, sir, the second time around, we
did that by my instructions.
Mayor Carollo: OK, who were the outside sources?
Ms. Carter: The representatives from Miami Beach Police Department, a comparable City.
And, we did that based upon my desire to ensure that even the hint of the kinds of things that
Metro USA, in fact, was saying does not even have that appearance. So, we had a team of
individuals. The property unit who is responsible for managing that contract was not a
participant on that particular review, and they evaluated it. In fact, Martin provided us with
lower prices which I love to see when I reject and rebid. I like that. And, based upon the
specifications that we were comfortable and the need was there, sir, for us to proceed.
Mayor Carollo: If I may ask, who provides the uniforms to Miami Beach PD (Police
Department)?
Mr. Jay Pollen: Martin Lamar's presently provides it. Prior to that they were piggy backing off
of the City contract.
Mr. Carter: And, also let me just share with you because we did research on this. I didn't shoot
from the gun with any of this, sir. We did an in-depth evaluation. Miami -Dade, Dade County
has Horace Small; Dade County Public Schools has Martin Lamar; Ft. Lauderdale has Jules
Brothers; Homestead -Jules Brothers; Hollywood -Martin Lamar's; Miami Springs -Metro
Distributives, and of course, Miami has had Martin Lamar's.
Mayor Carollo: How much lower was Martin Lamar's bid this time around than their original
bid to you back whenever?
134 September 9, 1997
Mr. Carter: Approximately, ninety thousand dollar ($90,000) difference from their first bid.
Although, we can't say we didn't do a comparison as it relates to this vendor because he really
didn't exist for purposes of the second bid.
Commissioner Plummer: Are you ready? I make a motion we defer this item until the next
Commission meeting that all...
Vice Mayor Regalado: Second.
Commissioner Plummer: ... matters that can be that they have, that this Commission can use for
its own evaluation judgement be provided to us. We will make a decision at the next
Commission meeting either to award or to reject. I so move.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Is that item 39, Commissioner.
Mayor Carollo: There is a motion, is there a second?
Commissioner Plummer: No.
Vice Mayor Regalado: Yes, there is a second.
Commissioner Plummer: Thirty-nine and 40. Thirty-eight, I am willing to make a motion to
approve 38. Which one you want first?
Mayor Carollo: Before we vote, I think it is only appropriate to let the representative from
Martin Lamar's Uniform Company speak.
Mr. Steve Stedham: If I could? My name is Steve Stedham, I represent Martin Lamar
Uniforms, and I would like to tell you in light of the ninety thousand dollar ($90,000) difference
in the bid, there were a couple of requirements that were different. In the second bid, having a
facility in the City limits didn't require us to open a satellite this time. And, also the amount of
inventory that was... that had to be kept on our shelves, that requirement was lowered in this bid.
But, it's our position and my experience in this industry in 20 years, when this type of thing has
happened, there are appropriate times to protest. There are times to come to the Commission
with these types of things. And, by Mr. Pollen's own admission that the City certainly had every
right to rebid. We were not pleased that we had to go the expense and effort of rebid either. But,
because the City requested it, we certainly did that. And, we would maintain that there is no
standing for them to argue since they did not avail themselves of that opportunity to rebid which
was certainly a fair and even handed bid. I'd also just like to respond real quickly to the
accusations of gauging the department. If we were gauging the department and our prices were
so high and the work were so easy, people would be lined up at the door to come bid this project,
and they just aren't. And, the reason for that is, that it is a very cumbersome project with very
high demands on service. We carry the City at least 90 days every month even in good times.
We are currently working on collections from February of this year. So, all of these things play
on the prices that go in. Not having had the bid, I don't know whether our competitors are aware
of those hidden costs or not, but we are. And, that's the reason the people are not lined up to get
this contract where we are gauging you guys, because we are absolutely not doing that. It is our
position that your Purchasing Department who are paid professionals to oversee this bid and
make sure it's administered in an evenhanded fair manner, they have recommended and the
Police Department has recommended and my understanding is, that this has been scrutinized
carefully by the Legal Department, and they all recommended that there be a rebid, there was
one, and the recommendation now is to award to Lamar Uniform and we would ask that you go
forward with that and not penalize us for doing what the City has asked us to do by giving
another rebid. Thank you.
135 September 9, 1997
Commissioner Plummer: I have one more question. To the Department. When was the first bid
thrown out? You made mention of sending a letter on the 29th of January.
Ms. Carter: Yes, sir. Bids were rejected by the City Manager, December 4, 1996. On February
13th, 1997... I am sorry, 1/31/97, we received a letter from Metro USA. February 13, 1997 we
responded to Metro USA, indicating not only the rejections but the reasons for same.
Commissioner Plummer: You are going way beyond, Judy. My question is really in fact, you
are talking about a...
Ms. Carter: Oh, I am... December, 1996, was when we rejected the bids.
Commissioner Plummer: When?
Ms. Carter: December, 1996 was when we rejected the bid.
Commissioner Plummer: My question is, it's coming here today as an absolute rush item, an
emergency, big rush. Why was there ten months in the interim? I mean, it doesn't take ten
months to formulate a new bid and to go back out and to come back in, evaluate, when there is a
tremendous rush to get things done. Why did it take ten months to bring it back here today?
Ms. Carter: A portion of that time, I can account for. First of all, we did revise it significantly.
And, that in and of itself, took some time. Secondly, when Metro USA came to see us, when he
spoke about this meeting with Aaron Weeks. In fact, there was a meeting and I was a participant
of that meeting. It is following that meeting that we conducted a very thorough investigation,
not only of the response to the bid but also this whole notion of uniforms and what in fact other
municipalities are doing as it relates to their particular bids and what kinds of clothing they are in
fact accepting. So, we did a very long range study. Following that submission of that report, we
forwarded it to Mr. Weeks for his, obvious review because he was part of the initial meeting
with Metro USA and it was based upon his instructions that we conducted a very thorough
investigation.
Commissioner Plummer: Who provides the Fire Departments' uniforms?
Ms. Carter: Jules Brothers.
Commissioner Plummer: And, they chose not to bid on the Police Department?
Ms. Carter: No, they did not choose to bid on the Police Department.
Commissioner Plummer: Did you ask them to bid?
Ms. Carter: We sent them a bid document, without question. All the uniform vendors.
Commissioner Plummer: Did they reply why they did not bid?
Ms. Carter: No, they didn't give us an indication of a no bid.
Commissioner Plummer: I would ask you to please ask them to please reply prior to next week
or next meeting, I am sorry.
Ms. Carter: OK.
136 September 9, 1997
Mayor Carollo: All right. I call the question.
Commissioner Plummer: Well, which one do you want first, Mr. Mayor. Item 38, first?
Commissioner Gibson: Item 38, yeah.
Mayor Carollo: Well, you made a motion 39 and 40 that was second by the Vice Mayor.
Commissioner Plummer: OK, that's fine. That's fine.
Mayor Carollo: So, that's what we have before hand.
Mr. Paz: Excuse me, Commissioner, I have some input on item 38. If we are going to buy...
Commissioner Plummer: Sir, we are not talking right now to 38. We are on 39 and 40.
Mr. Paz: I am sorry, sir. I thought we were going to vote on 38.
Mayor Carollo: No, no. We are not voting on 38. Let's everybody keep calm.
Mr. Stedham: Excuse, Commissioner Plummer. I don't know if this is admissible, but Jules
Brothers did respond to me when I asked them why they did not bid on this. He said "it's too
cumbersome, there is not enough money in it, I don't need that." And, that's what you get from
a lot of the vendors. I speak to all of the vendors as to why they don't bid this contract and it's
certainly not... It is because the money is not there for the efforts that need to be made and the
inventories that need to be kept. If they looked at this contract and they said "Jesus, Martin's
Uniforms, Lamar is getting rich on this thing." They would all be lined up. They have all been
solicited by the City to bid and they don't do it.
Mayor Carollo: All right, 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. 97-618
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 39 (TO ACCEPT
BID OF MARTIN'S LAMAR UNIFORMS FOR UNIFORM ACCESSORIES TO
POLICE DEPARTMENT) AND AGENDA ITEM 40 (TO ACCEPT BID OF
MARTIN'S LAMAR UNIFORMS FOR UNIFORMS TO POLICE DEPARTMENT)
FOR FURTHER INFORMATION.
137 September 9, 1997
0
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 Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe CaroIio
NAYS: None.
ABSENT: None.
Mayor Carollo: Now we are back to 38.
Commissioner Plummer: I move it.
Mayor Carollo: There is motion on 38.
Commissioner Gibson: Second.
Mayor Carollo: Second by Commissioner Gibson.
Commissioner Plummer:. It's a ratification.
Mayor Carollo: Mr. Manager.
Mr. Marquez: Mr. Mayor, I would ask that the this be a ratification and also that we extend the
dollar amount to let's say, seventy-five thousand so that we can buy uniforms for the next month
or so?
Mayor Carollo: From the fifty thousand here?
Mr. Marquez: Yes, sir.
Mayor Carollo: Would that be OK, to the maker of the motion, seventy-five thousand dollars
($75,000)?
Commissioner Plummer: Who are you going to buy it from?
Mayor Carollo: Twenty-five thousand more.
Mr. Paz: I have a comment on that, Commissioner.
Police Capt. Longueira: The only option is the current vendor.
Police Chief Warshaw: Commissioner, we just had a class graduate and just during the lunch
break we found out if they passed their State exam they are going to be sworn in, so we need
uniforms for them.
Commissioner Plummer: Fine, fine, fine. I don't want them going around naked. We will have
the best Police Department in the world though.
138 September 9, 1997
Mayor Carollo: All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: Mr. Manager, we want to fully be informed so that everyone can be satisfied as
to the questions that were asked here today before the next meeting...
Mr. Marquez: Yes, sir.
Mayor Carollo: ... this body. So, this could be brought up to a vote.
Mr. Marquez: Later on this week, I will be meeting with my staff and we will have a full
informational package out to each and every Commissioner and Mayor.
Mayor Carollo: Very good. Thank you all, very much, for being here. Thank you, Mr. Paz.
Mr. Paz: Thank you.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-619
A RESOLUTION (Pending the Law Department.)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
139 September 9, 1997
C
Upon being seconded by Commissioner Gibson, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
5b CONTINUED / EMERGENCY ORDINANCE: AUTHORIZE VALET
PARKING IN COCONUT GROVE WITH CONDITIONS SET FORTH IN
ARTICLE VII OF CHAPTER 35 OF CODE -- SEE LABEL 23.
Mayor Carollo: OK, 41 was done. We are in item 42.
Commissioner Plummer: Mr. Mayor, Mr. Tucker Gibbs has asked and requested that the matter
relating to valet parking which now the City Attorney has come up with an answer, be taken up
at this time, if it's humanly possible and I will leave it to your discretion, sir.
Mayor Carollo: OK, that's the one we dealt with earlier today.
Commissioner Plummer: That's correct.
Mayor Carollo: OK, can you?
Commissioner Plummer: No, City Attorney, I haven't even seen what he has. He has two
options and he is going to present them.
Mayor Carollo: Can you enlighten us with your information then, Mr. City Attorney?
Mr. A. Quinn Jones, III, Esq. (City Attorney): There are two options both being emergency
ordinances. The first option provides for a valet parking in the designated area for a six month
period. After which time... After which the six month period has...
Commissioner Plummer: Sunset.
Mr. Jones: Yeah. It would come back to the Commission for further review.
Commissioner Plummer: The other one says what?
Mr. Jones: The other one is basically a permanent establishment of valet parking.
Commissioner Plummer: I move the first one and I move it predicated on the fact that there is an
intensive study that is being done at the present time and we might have to make changes. So,
what I would presume is that we would do the first one six months and let it sunset so that we
can take advantage of the study being done by the Off -Street Parking Authority...
140 September 9, 1997
Commissioner Gort: Second.
Commissioner Plummer: ... and also for other scenarios. I so move.
Mayor Carollo: Fine, there is motion...
Vice Mayor Regalado: Second.
Mayor Carollo: ... there is a second by Commissioner Gort.
Vice Mayor Regalado: OK.
[At this point, the City Attorney read the ordinance into the public records.]
Mayor Carollo: Call the roll, please.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AUTHORIZING A SIX (6) MONTH PERIOD
FOR VALET PARKING IN CERTAIN AREAS OF COCONUT GROVE, AS
HEREIN SPECIFIED, SUBJECT TO ALL RULES, PROCEDURES, AND
CRITERIA SET FORTH IN ARTICLE VIII OF CHAPTER 35 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, RELATING TO VALET
PARKING, CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer and seconded by Commissioner Gort, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner J.L. Plummer, Jr:
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
141 September 9, 1997
•
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 Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11543.
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.
----------------------------------------------------------------------------------------------------------------
57. AUTHORIZE SETTLEMENT: MATTHEW RIGGINS ($65,000) ---CIRCUIT
COURT CASE 96-21636 CA (20).
Mayor Carollo: Item 42.
Commissioner Plummer: Mr. Mayor, unless you all have something I don't have, I have no
backup material...
Mayor Carollo: Well, let the City Attorney explain.
Commissioner Plummer: ... for an awful lot of money. I have no backup material. Mr. City
Attorney.
Mayor Carollo: On 42.
Mr. Frank Rollason (Director/General Services Administration (GSA): It's the auto accident.
Mr. Jones: Commissioner, I...
Commissioner Plummer: Do any of you have it?
Mr. Jones: Yes, I provided this to you back on July 17th.
Vice Mayor Regalado: Yeah, this... J.L., this was sent to us several days ago in a different...
Commissioner Plummer: Oh, I don't...
Mr. Jones: Essentially, what this is, it was an accident in Hialeah involving a Fleet Manager
who struck an individual in the crosswalk. The analysis is basically a 50/50 fault analysis,
comparative negligence. The medicals in the case is roughly forty seven thousand dollars
($47,000). I gave an analysis for you of recent cases where the injuries, similar injuries have
142 September 9, 1997
ranged, anywhere from, or should I say, the medicals or damages range anywhere from one
hundred to seven hundred thousand dollars ($700,000). We have jury verdicts going anywhere
from two hundred and eighty-five thousand dollars ($285,000) down to one hundred and ninety-
five thousand dollars ($195,000).
Vice Mayor Regalado: This was Okeechobee and LeJeune...
Mr. Jones: Yes, that's correct.
Vice Mayor Regalado: ... take home car?
Mr. Jones: That's correct.
Commissioner Plummer: And, this was our Fleet Manager?
Mr. Jones: Police Fleet Manager. We had an accident reconstructionist and of course, in
reconstructing the accident...
Commissioner Plummer: Is he still the Fleet Manager?
Mr. Jones: I have no idea.
Mr. Rollason: I think he is. But, I mean, in fair indifference to the individual, I mean when all
the circumstances like the City Attorney says, 50150, I mean, we are talking that there was
negligence on both sides. It's if we take this forward and we are found at fault, we are probably
going to be a lot more out of pocket and there is no question that we... without talking too much
out of school, we share a large portion of this.
Commissioner Gibson: Right.
Mr. Rollason: It wasn't a crosswalk, I mean...
Vice Mayor Regalado: But, it was... I am sorry, Commissioner Gibson.
Commissioner Gibson: That's OK, go ahead.
Vice Mayor Regalado: No, no, go ahead. You go ahead.
Commissioner Gibson: No, I was ready to move that we accept this item 42.
Vice Mayor Regalado: OK, there is a motion by Commissioner Gibson. I just would like to say
that I did read the whole report and it looks to me that the person that was injured also, has some
blame in this case. I don't know why we cannot fight this in court.
Mr. Jones: Well, this is what I am saying. You know, there is negligence we ascertain on both
parties. Our driver's fault as well as the pedestrian who was in the crosswalk. What I am saying
to you is...
Vice Mayor Regalado: It wasn't a bicycle.
Mr. Jones: Yeah.
Commissioner Plummer: Well, how do you get 50/50?
143 September 9, 1997
Mr. Jones: Yeah. But, what I am... Well, I mean, that's, I mean, you come up with basically, I
mean, looking at what our driver said, that in approaching the crosswalk that he may have been
guilty for not looking up and observing him. The testimony bears out that the guy was perhaps
in the crosswalk and he didn't see the car coming. I mean, a jury can come to a different
conclusion. A jury could say that our driver was 80% negligent, whatever. I am just saying the
worst case scenario in trying to evaluate this for settlement purposes, is that since our
reconstruction accident specialist says that he cannot say with an absolute certainty that our
driver was not at fault. In fact, he said he was at fault. So, I mean that, I mean, that implicates
you, the City, right there in an of itself.
Commissioner Plummer: Our expert said that our driver was at fault?
Mr. Jones: Oh, absolutely, yes.
Commissioner Plummer: Well, where does the 50150 come in.
Mr. Jones: Commissioner, I am trying to explain to you where the 50150 is. In his
reconstructing the accident, he is basically saying, well, yeah, there was a point where our driver
failed to look up and observe him in the crosswalk. Secondly, he is saying in observing it that
even though the guy had entered the crosswalk he had a duty to...
Commissioner Plummer: Look, if our guy was guilty, we got to pay.
Mr. Jones: Yeah.
Commissioner Plummer: All right. The thing worst, is if it was a Safety Training Officer.
Mr. Manuel Gonzalez-Goenaga: May I add something...
Vice Mayor Regalado: Yeah, go ahead.
Mr. Gonzalez-Goenaga: ... without substracting anything? Well, the funny thing is, that here we
go again. And, the ones who decide the amount of money is a jury. Not the lawyers. Unless,
you are Johnnie Cochran. Anyway, and with the reputation all over the nation of the police in
many different cases in Miami, in New York, in California, most of the juries are against police
even though they are supposed to be our protectors and our servants. And, the funny story is, we
are becoming like Cesar over here, we never admit liability. We pay, we declare ourselves, we
pay some money and then we say, without admitting any liability. So, we are practicing Cesar's
principle of declaring that you are guilty but yet you are the innocent.
Vice Mayor Regalado: Thank you. It's... Are we still voting on the motion by Commissioner
Gibson?
Commissioner Plummer: Yeah. Call the roll.
Commissioner Gort: I have got a question.
Commissioner Plummer: Oh, I am sorry.
Commissioner Gibson: It wasn't second. It was never second.
Commissioner Gort: It is my understanding in an accident there is a police report and somebody
is ticketed, found at fault. Did that take place in this case?
144 September 9, 1997
Mr. Jones: That's not admissible in court, anyway.
Commissioner Gort: Was he given a ticket. Not at fault.
Mr. Jones: That, you know, whether the officer finds whomever at fault. That's inadmissible at
court.
Commissioner Gibson: The legal fees will cost you more than the sixty-five thousand dollars
($65,000), I can assure.
Vice Mayor Regalado: There is a motion by Commissioner Gibson, is there a second?
Commissioner Plummer: Did this go to court? Just let me ask that:
Mr. Jones: No, that's why we are...
Commissioner Plummer: The Traffic Court.
Mr. Jones: I am not sure it went to Traffic Court. But, what I am saying to you, it wouldn't have
mattered one way or the other, anyway.
Commissioner Plummer: No, I am just asking a question...
Mr. Jones: No, I don't recall at this point.
Commissioner Plummer: ... based on Commissioner Gort's question.
Mr. Jones: I don't recall this point.
Commissioner Plummer: OK.
Mr. Jones: Was he ticketed?
Vice Mayor Regalado: Any second? Any second?
Commissioner Plummer: Yeah, I seconded the motion.
Vice Mayor Regalado: Oh, OK. OK, there is a motion by Commissioner Gibson, second by
Commissioner Plummer. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
145 September 9, 1997
The following resolution was introduced by Commissioner Gibson, who moved its adoption:
RESOLUTION NO. 97-620
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
MATTHEW RIGGINS, THE SUM OF $65,000.00, WITHOUT ANY ADMISSION OF
LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL
CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI IN THE CIRCUIT
COURT OF DADE COUNTY, FLORIDA, CASE NO. 96-21636-CA (20), UPON THE
EXECUTION OF A GENERAL RELEAE RELEASING THE CITY OF MIAMI FROM
ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS THEREFOR
FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST
FUND, INDEX CODE NO. 620103-651.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
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 Thelma V. A. Gibson
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
----------------------------------------------------------------------------------------------------------------
58. CONTINUE ENGAGEMENT OF LAW FIRM OF DAVIS, SCOTT, WEBER &
EDWARDS IN REFERENCE TO FLORIDA PANTHERS HOCKEY CLUB,
LTD., ET AL. VS. MIAMI SPORTS AND EXHIBITIONS AUTHORITY AND
CITY OF MIAMI -- UNITED STATES DISTRICT COURT CASE 96-2168-
CIV-FERGUSON -- ALLOCATE FUNDS $20,000 ACCT. CODE 620103-661.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Regalado: Item 43.
Commissioner Plummer: This is to increase. How much does this bring it up on item 43?
Mr. A. Quinn Jones, III, Esq. (City Attorney): OK, on 43, which is the Florida Panthers case,
you previously authorized twenty thousand dollars ($20,000). There are some outstanding bills
and I indicated to you at the outset, we had no idea, still have no idea, of how long protracted...
Commissioner Plummer: This brings it up to 40.
Mr. Jones: This will bring the authorization up to 40. Hopefully, the best I can tell you is, that
within a year, I hope that it will be concluded. This firm has been very well aware, of the City's
financial condition and they have worked well, to keep legal fees down. And, I think they have
done, if you know what we know, in terms of what has been filed today in a number of hearings.
I think that it's been very reasonable. But...
146 September 9, 1997
Commissioner Plummer: How does 43 differ from 44, except the amount of money?
Mr. Jones: Forty-four is the companion lawsuit involving the arena, Tacoma, Miami Associates,
the Limited Partners who brought suit against the City. Some of the same issues are intertwined
in both cases but there are different parties in the Tacoma lawsuit.
Commissioner Plummer: I'll move, 43.
Vice Mayor Regalado: Second.
Mayor Carollo: There is a motion on 43, second by Vice Mayor Regalado. All those in favor
signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-621
A RESOLUTION CONTINUING THE ENGAGEMENT OF THE LAW FIRM OF
DAVIS, SCOTT, WEBER. & EDWARDS, TO SERVE AS COUNSEL TO THE CITY
OF MIAMI IN CONNECTION WITH THE LAWSUIT, FLORIDA PANTHERS
HOCKEY CLUB, LTD., ET AL, VS. MIAMI SPORTS AND EXHIBITION
AUTHORITY AND THE CITY OF MIAMI, UNITED STATES DISTRICT COURT,
SOUTHERN DISTRICT OF FLORIDA, MIAMI DIVISION, CSE NO. 96-2168-CIV-
FERGUSON; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO
EXCEED $20,000, FROM THE SELF-INSURANCE AND INSURANCE TRUST
FUND, ACCOUNT CODE NO. 620103-661.
(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 Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
147 September 9, 1997
•
0
----------------------------------------------------------------------------------------------------------------
59. BRIEFLY DISCUSS / TABLE TO LATER IN MEETING CONSIDERATION
OF AGENDA ITEM 44 (ENGAGEMENT OF DAVIS, SCOTT, WEBER,
EDWARDS LAW FIRM) -- SEE LABEL 73.
Mayor Carollo: Forty-four.
Commissioner Plummer: On 44, Mr. Mayor, I would like that to be held over to item 58. I think
it's part and parcel of some of the questions that I have on 58, so I would...
Mayor Carollo: OK, let's go to 58.
Commissioner Plummer: Yeah, I would ask that that one be carried over to 58, at the time we
discuss both of them at the same time.
Mayor Carollo: OK, we will do that.
END OF DISCUSSION -- NO ACTION TAKEN
--------------------------------------------------------------------------=-------------------------------------
60. (A) APPROVE CONTINUED ENGAGEMENT OF LAW FIRM OF
WEISS, SEROTA & HELFMAN, P.A. -- FOR LEGAL SERVICES
CONCERNING ALBERTO ALBERTO ET AL V.S. CITY, CASE 96-
1051-CIV-DAVIS -- ALOCATE FUNDS $25,000. ACCT CODE
620103-661.
(B) DISCUSSION REGARDING UPDATE ON PENSION LAWSUITS.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I move 45.
Mayor Carollo: OK.
Commissioner Plummer: By the way, may I ask, Mr. City Attorney...
Mr. A. Quinn Jones, III, Esq. (City Attorney): Yes.
Commissioner Plummer: ... on this thing because... Are we? What is it looking like?
Mr. Jones: On which? On which thing?
Commissioner Plummer: Well, both of them.
Mr. Jones: Well, I can tell you. On the Decoma matter, there is... We have filed a motion for
summary judgment, it's scheduled for hearing, I believe on the 19th. I can't tell you that, I
mean, because now what we have done is interjected, which is something we should have... I
think we interjected at first. But, the whole notion of antitrust violations, which they raised. To
me, as I indicated at first before we even got outside counsel, I thought the interpretation, you
recall that we initially, the City initially filed a lawsuit asking that the... that clause, that anti-
148 September 9, 1997
compete clause, that it was not a valid clause, that we shouldn't be held to it. As I view it, I still
think that that's pretty much still the sentiment that the case law is in favor but, you know, when
you are dealing with a firm that we are dealing with, it's very litigious, very protracted. This is
something, quite honestly that could drag on for a couple of years or more. I can't tell you that
the judge is going to rule very quickly on it. He may sit on the motions, hear argument and sit.
Commissioner Plummer: Now, that's in reference to the Panthers?
Mr. Jones: That's to both cases. Panthers and the Decoma case.
Commissioner Plummer: OK, all right. That's fine. Go ahead. I move 45.
Mayor Carollo: Forty-five has been moved. Is there a second?
Commissioner Gibson: Second.
Mayor Carollo: Second. Discussion?
Mr. Manuel Gonzalez-Goenaga: Yes. I am wondering, I don't have the backup papers here, so
there probably are... Why the issue of the case? Because, Alberto Alberto, I understand he is a
policeman and he is suing the City of Miami or am I referring to the wrong Alberto Alberto?
Mr. Jones: Alberto Alberto is a lawsuit involving any number of the motorcycle officers who
are claiming a seven, what they call a 7K exemption under the Fair Labor Standards Act. In
essence, what they are arguing is that they should be paid overtime for the time that they spend
washing their motorcycles, OK?
Mr. Gonzalez-Goenaga: How come?
Mr. Jones: Am I right? Is that the right case? Yeah, that's the right case. But, let me...
Mr. Gonzalez-Goenaga: And, then we, the citizens of Miami will be paying Alberto Alberto and
the group of motorcycles...
Mr. Jones: If the court were to award in their favor, yeah, the City would be responsible for any
overtime that may be attributed to hours spent on...
Mr. Gonzalez-Goenaga: But, I mean, this law firm is defending the City of Miami or the
plaintiffs?
Mr. Jones: They are defending the City of Miami.
Mr. Gonzalez-Goenaga: Oh, they are defending. And, is there any conflict of interest? I
understand we are going...
Mr. Jones: Excuse me?
Mr. Gonzalez-Goenaga: Is there any conflict of interest that we have so many good attorneys
here with a three million dollar budget that we are going to approve this afternoon. Don't you
have competent attorneys to defend the City in this case?
Mr. Jones: Well, you know, if the Commission would direct me to answer that? Yes, we do
have competent attorneys but there are certain situations that require special expertise or the
other.
149 September 9, 1997
Mr. Gonzalez-Goenaga: Special expertise.
Mr. Jones: OK.
Commissioner Plummer: Did I hear you correct, that this is a lawsuit asking for more money to
wash a motorcycle?
Mr. Jones: That's correct.
Commissioner Plummer: And, we are spending here, in legal fees alone, thirty-five and twenty-
five, sixty thousand dollars ($60,000) to defend the issue?
Mr. Jones: Well, Commissioner, you know... Let me... You know, the one thing you have got
to understand...
Commissioner Plummer: How much does it cost to wash a motorcycle?
Mr. Jones: Well, but, let me say this, Commissioner. I have told you this before, you know.
That the realization that you have to come to, and in the 15 years I have been here, the City of
Miami is a billion dollar corporation, you know.
Mayor Carollo: That's right.
Mr. Jones: It's a fact of life, you are going to have lawsuits. There are going to be times you are
going to have conflicts of interests, you are going to have areas of special expertise you are
going to need. Litigation is costly. It's no doubt in anybody's mind, it is. I mean, you are not
going to get good lawyers to work for free. We got some during the course of our recovery that
worked gratuitously, or whatever else. But, the top talent that you need to fight these cases, you
are going to have to pay.
Mayor Carollo: Well, not only that, Mr. City Attorney, Commissioners. For too long, every
attorney in town thinks that the City of Miami...
Commissioner Plummer: Deep pockets.
Mayor Carollo: ... is easy pickings. That all they had to do is sue and that we are just going to
role over and give them the money and particular if they try to play politics in their lawsuits
trying the embarrass the City or Commissioners, in particularly election years. And, I think the
message that has to be given out is that, hey, the game is over. You know, it's a new Miami and
we might spend more now to defend and win in court like we have been doing, but at the end of
the day, we are going to be saving the City a lot more money. And, attorneys are going to know
that if they are going to sue the City of Miami with frivolous lawsuits, they might spend a lot of
time in contingency cases, but they are not going to collect anything at the end.
Commissioner Gort: Let me ask a question. How much are we being sued for?
Mr. Jones: How much are we being sued for? Sue, I don't think there is any... I don't think that
there is any cap on it. I think what they have asked for is, if the court should decided that we
violated the Fair Labor Standards Act in not having paid them, then it will be calculated
basically based on the number of hours that they claimed that they put in over, I think it's over
what a two, three year...
Ms. Sue R. Weller (Labor Relations Officer): Two year period.
150 September 9, 1997
Mr. Jones: ... two year period.
Ms. Weller: (Inaudible Comments) three years.
Mr. Jones: Yeah.
Commissioner Gort: Thank you.
Vice Mayor Regalado: Now, that we are talking about fighting in court, the City Commission
directed you to go to court if necessary in regards of the pension of Mr. Surana. Do you have an
update for us or?
Mr. Jones: Yeah, I can give you an Surana. Mr. Silver and myself, both appeared before the
Honorable, I forget his name now, but, there was a great fascination that morning with the
cameras and of course the case had been... The case was originally assigned to Judge Shapiro.
Judge Shapiro, we appeared and... Judge Shapiro asked whether any of the parties had any
objections to his hearing the case, given the fact that he had previously served as an Assistant
City Attorney. Mr. Surana's counsel contacted him and of course he indicated that he wanted
the Judge to recluse himself. The case was reassigned to, I forget, another Judge. We appeared,
and perhaps, I will let Mr. Silver tell you what happened. But, the Judge essentially didn't rule.
He ordered the Pension Board to file an answer which was basically, at least in my view, was
contrary to what the whole nature of the suit is. There has been no hearing to date scheduled. I
don't know whether one will be scheduled anytime soon, quite frankly. That's where we are in
it.
Vice Mayor Regalado: Do we have any other suit regarding any other pension?
Mr. Jones: No, the only other suit that's in contention is basically, I think Mr. Sharper. We were
at one point close to settlement and of course, my recollection is that somehow he baked out,
whatever, and that's pretty much in limbo right now.
Vice Mayor Regalado: So, Mr. Odio, has not filed suit?
Mr. Jones: No.
Commissioner Plummer: Mr. Manager, can I ask you a question? We are spending sixty
thousand dollars ($60,000) for lawyers to wash a motorcycle. Does it not make sense
somewhere along the line as we provide people to wash police cars that we would have provided
somebody, a hell of a lot cheaper than sixty thousand dollars ($60,000) to wash motorcycles? I
mean, something isn't making sense here. What are you going to pay a guy to wash
motorcycles?
Vice Mayor Regalado: How retroactive is this?
Commissioner Plummer: No, no, no. I am saying is, is that we would have somebody, in-house,
who would wash motorcycles. I mean, what are you talking about, somebody for twenty
thousand dollars ($20,000) a year? Just the lawsuit here alone is three years of somebody
washing a motorcycle and we are out of this mess.
Ms. Weller: Commissioner, Mayor. Sue Weller, Labor Relations Officer. In this particular
case, it is the City's contention that the officers have been allowed to wash their motorcycles on
duty. They are contenting that they will require to wash their motorcycles off -duty and therefore
are requiring and requesting overtime. And, that goes back for two years and if the court finds it
was willful on the City's part, the claims go back for three years.
151 September 9, 1997
Commissioner Plummer: Yeah, but that's not my point. That's what you are arguing about in
court, OK. From today forward, why don't we hire somebody to wash motorcycles and stop all
of this foolishness?
Vice Mayor Regalado: All right. Senator Silver.
Mr. Ron Silver: Yes.
Vice Mayor Regalado: Sir.
Mr. Silver: In response to your inquiry as to the Pension lawsuits, let me give you a little update
from our perspective on the board. First of all, I am Ron Silver, I am attorney for the Board of
Trustees of the City of Miami General Employees and Sanitation Employees Retirement Trust.
First of all, with regard to Mr. Odio. As you know, Mr. Odio, we had voted to pay him his
pension prior to the time that the trial was supposed to occur and he entered a plea. We in turn
were in touch with the Justice Department, and they informed us that nothing becomes final until
the sentencing. As you know, there was a sentencing of Mr. Odio a couple of weeks ago. Our
first Pension Board meeting is on September 24th, I believe. And, at that time, I am going to
advise the board that we have to bring up whether Mr. Odio is entitled to any pension under the
law and providing him... The law requires us to provide him a 120 Administrative hearing. So,
we will set the date for that hearing at our next Pension Board meeting on whether Mr. Odio falls
within the purview of the Florida Statutes which provides for forfeiture of pensions if one is
convicted of a felony under certain circumstances.
Vice Mayor Regalado: Are there other cases, similar to this?
Mr. Silver: No, no, we have...
Vice Mayor Regalado: No, I mean, throughout the State or... the United States?
Mr. Silver: There are very few cases and Mr. Jones might comment on this. But, there very
cases construing the particular provision of the statutes. There are six subsections to this
forfeiture statute. The first five, I think we all can agree, probably don't apply. It's the sixth
which is a "catch all" clause which the other side, Mr. Odio's attorneys, are arguing that the
forfeiture provisions do not apply to a federal agreement for obstruction of justice. And, that's
what their side is going to be arguing. I obviously am going to be arguing the other side of that
particular matter.
Vice Mayor Regalado: I would, think that if you go to jail, you don't get a pension?
Mr. Silver: Yeah, well, I... The clear intent, the clear intent of the statute of the State of Florida
is that if you breach the public trust, that you are not entitled to a pension. That is the clear
intent of the Florida Statute and that's what...
Mr. Jones: Mr. Vice Mayor, just one clarification, not a clarification but an addendum to that.
You recall in Mr. Surana's case, he's asking that his contributions be returned to the ICMA Plan.
And, I think Mr. Silver and I both agree that perhaps the reason that he is requesting that is
because, the fact that there is no such limitation on forefeiture under the ICMA plan. So, of
course, if he were able to return, then of course, that goes with the crux of our argument that we,
at least from the City's perspective that we have argued that the court cannot compel the City
Commission to make, to exercise its legislative prerogative in doing that.
Mr. Silver: When allowed, first of all, all these 15 employees to transfer over from the ICMA
plan to the other plan, they had signed a documentation that they could not ever go back to the
152 September 9, 1997
•
•
ICMA plan. So, that is what we have filed, both Mr. Jones and I have tiled that documentation
with the court and that is a case that is pending. There is also one more case pending which is
what the board filed. And, that was against Mr. Odio and the former City Clerk, Ms. Hirai, the
City Attorney and two other members contesting the 40 percent increase for pension purposes
only, on whether all these individuals will be entitled to that extra benefit that was approved by
the Commission a couple of years ago. So, we are contesting that matter also.
Vice Mayor Regalado: Thank you, sir.
Commissioner Plummer: I move item 43.
Mayor Carollo: Forty-three.
Commissioner Plummer: Have we done 43?
Mayor Carollo: Yes.
Commissioner Plummer: All right, let's go to 45.
Commissioner Gort: We are in 45.
Mr. Walter J. Foeman (City Clerk): Forty-five.
Mayor Carollo: Yeah, we are in 45.
Commissioner Plummer: I'll move 45.
Mayor Carollo: Forty-five has been moved, second by Commissioner Gort. All in favor signify
by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
153 September 9, 1997
•
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-622
A RESOLUTION CONTINUING THE ENGAGEMENT OF THE LAW FIRM OF
WEISS, SEROTA & HELFMAN, P.A., AS COUNSEL, TO PROVIDE LEGAL
SERVICES CONCERNING ALBERTO ALBERTO, ET AL. VS. THE CITY OF
MIAMI, FLORIDA, CASE NO. 96-1051-CIV-DAVIS IN THE UNITED STATES
DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA; ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $25,000, FROM THE SELF-
INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 620103-
661.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
61. (A) APPROVE CONTINUED ENGAGEMENT OF WEISS, SEROTA &
HELFMAN LAW FIRM -- TO SERVE AS COUNSEL TO CITY IN
CONNECTION WITH PERSONNEL MATTERS IN COMMUNITY
DEVELOPMENT -- ALLOCATE FUNDS $35,000 ACCT. CODE
620103-661.
(B) COMMENTS FROM CITY ATTORNEY REGARDING RECENT
LAWSUIT FILED IN FEDERAL COURT ALLEGING EMPLOYER
VIOLATIONS OF CIVIL RIGHTS ACT AND TITLE VII.
Commissioner Plummer: Move 46.
Mayor Carollo: Forty-six.
Commissioner Plummer: It's a companion. Second by Commissioner Gort. Discussion?
Commissioner Gibson: I am not sure. What all comes under this?
Vice Mayor Regalado: This is not a companion.
Commissioner Plummer: Four...
154 September 9, 1997
Mr. A. Quinn Jones, III, Esq. (City Attorney): Well... Let me explain.
Vice Mayor Regalado: It's a different...
Commissioner Plummer: It's the same law firm.
Vice Mayor Regalado: It's a... Yeah, but the same firm, but a different case.
Commissioner Plummer: That's correct. But, it's the same. It's a companion to the same law
firm, it is what I was saying.
Mr. Jones: Yeah.
Commissioner Gibson: What's the case? What's the case that you are talking about here?
Mayor Carollo: Can you give Commissioner Gibson some information on this case?
Mr. Jones: Sure. Do you want me to do it on the record?
Mayor Carollo: As best you can without hurting our case.
Mr. Jones: OK. This particular matter evolved out of an investigation that was initiated to by
the former City Manager and due to certain activities in the Department of Community
Development. It involved, particularly three employees who... former employees of Community
Development Department. It involved of course, or should I say, let me back up. The reason I
requested the Commission to hire outside counsel because a member of, not only did my office
provide legal advice to this particular member of the Community Development Department but,
his particular wife is an Assistant City Attorney, and of course, I felt a conflict of interest there.
And, of course, the course of the proceedings ended up in at least two arbitration hearings. A
hearing before the Civil Service Board and, of course, an appeal which is now before the
Appeals Division of the Circuit appealing the Civil Service Board's opinion. There are some left
over matters, including the appeals that need to be dealt with and that's why I am requesting the
Commission to continue this representation.
Commissioner Gibson: OK, this one I know about because I went to the Civil Service Board for
this.
Mr. Jones: That's correct.
Commissioner Gibson: And, this was... They recommended this young man have his job back,
right?
Mr. Jones: I believe that was the correction and the Manager chose not to, excuse me, not to
accept the Civil Service Board's recommendation and of course, he appealed.
Commissioner Gibson: I just wonder about this, if we are not just fighting to do something that
we are going to end up having to deal with later on.
Mr. Jones: Well, you know, I...
Commissioner Gibson: We'll be spending more and more money on lawyers than we are with
trying to settle this case.
155 September 9, 1997
Mr. Jones: Well, you know, Commissioner, with all due respect. You know, this was discussed
with... The new City Manager came in and certainly, I don't think it's fair or proper for this
particular City Manager to be bound by a decision that's been made by a previous City Manager.
It was perfectly within the purview of other former City Manager in terms of his prerogative
under the Civil Service Rules to not accept the Civil Service Board's recommendation. And,
certainly, here we are and the decision was discussed with our client, and here we are.
Sometimes, it may appear to be unsettling that we are spending more or whatever else, but those
were the instructions that I received ,and that's how we proceeded.
Commissioner Gibson: But, this is a new... Is a suit against us, right?
Mr. Jones: No, no, no. I think what you are referring to is the latest lawsuit which I haven't
even brought to your attention which was filed last week against the former City Manager and a
couple of the... Mr. Cox, in his capacity as president of the Union. And, I forgot who the other
party is. But, in any event, I hadn't even brought that to your attention because certainly it's
filed in Federal court. Of course, this particular individual, Mr. Kearson, is alleging Civil Rights
violations, Title VII violations and the like. While I don't think the case has any merit, certainly
we have to defend it.
Commissioner Gibson: It bothers me that we are always being sued and I just wondered if we
are spending more and more money for lawyers to pursue these cases. And, of course, I...
Mr. Jones: Well, Commissioner, that's a fact of life. I mean, as long as we stay here as a City,
we are going to be sued everyday. I mean, we get on the average of probably 35 new lawsuits a
week. So, I mean, that's... I mean, that's what keeps us employed, you know.
Commissioner Gibson: Oh, now we know. Now, we know.
Commissioner Plummer: Have you ever seen a broke lawyer?
Mr. Jones: On the City's side, yeah. No, but, in all sincerity, I understand your concerns and I
think as the Mayor has amply put it, it comes a point in time and, you know, I don't take sides
one way or the other. And as I told you that, you know, I do have a member of my staff who is
involved or whatever, you know, for whatever reason. But, there comes a point in time where,
you know, you have got to make a decision as to whether you are going to fight, you are going to
roll over, whatever else. If the case is meritorious, certainly that will be born out in the trial. I
mean, he chose to file a lawsuit and of course, as your City Attorney, and I have got to do what I
think is in the best interest of this City and defend it as vigorously as possible. Keeping
whatever personal feelings I may have or personal prejudices put aside.
Commissioner Plummer: Ms. Gibson, it might interest you to know, the last time I saw the
number, the potential, if everything collected tomorrow that they have sued the City for, it's
about eighty-seven million dollars ($87,000,000). But, how much of that is legitimate?
Probably, ten percent at the most.
Mr. Manuel Gonzalez-Goenaga: What about the future pending lawsuits? That's what I am
going to refer to, I mean...
Commissioner Plummer: Well that's all fine. You have got one, you know...
Mr. Gonzalez-Goenaga: No, no, one. No, no. May I clarify? The issue is, that we are paying
for the sins of the past. But, if this is, and I beg to disagree with the... Mr. Jones, because if we
are going to continue this procedure as usual, we might have, I don't think that the new City
Manager will behave the same way the previous City Manager. And, I wonder in this particular
156 September 9, 1997
case, because I am... I understand that in October 14th, the Gerardo Lopez -Morales and Andres
Rojas-Baldazare's case is going up for trial regarding political persecution when Miriam Alonso
lost because they were campaigning outside of normal hours.
Mayor Carollo: What does that have to do, Manny, with this case?
Mr. Gonzalez-Goenaga: Well, because I wonder... Because, Serota and Helman are defending
also.
Mayor Carollo: No, but, we are addressing ourselves to this case in 46. It's got nothing to do
with any other case.
Mr. Gonzalez-Goenaga: Which is it, the Kearson case?
Mayor Carollo: Yeah. It's got to do with that. Now...
Mr. Gonzalez-Goenaga: OK, so Badla is not included here or Gerardo Lopez -Morales?
Mayor Carollo: No, no, no.
Mr. Gonzalez-Goenaga: OK, well, in the future to save time, if they... in the agenda, if they
present the particular names of the case for full disclosure, we will save a lot of time.
Mayor Carollo: Thank you, very much.
Mr. Gonzalez-Goenaga: Thank you, very much.
Commissioner Plummer: Call the roll.
Mayor Carollo: There is a motion, there is a second. Any further discussion from the members
of the Commission? Hearing none, all in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
Commissioner Plummer: Mr. Mayor, let me ask a quick question, if I may? Mr. City Attorney.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Yes, sir.
Commissioner Plummer: I asked you to put a padlock on the old Merrill Stevens, what
happened?
Mayor Carollo: Excuse me, excuse me, excuse me.
Commissioner Plummer: Yes, sir.
Mayor Carollo: Let me go back to 46. I think maybe Commissioner Gibson wants to vote, no
on this.
Commissioner Gibson: No, I am still not clear on this.
Commissioner Plummer: The motorcycles.
157 September 9, 1997
Commissioner Gibson: You keep saying motorcycles, and that bothers me. Because, I am not
clear on this.
Vice Mayor Regalado: No, no, no. This is the other case, J.L.
Mr. Jones: No, this is... Forty-six is...
Commissioner Gibson: OK. No, 46, is the Kearson.
Mr. Jones: Yes.
Commissioner Plummer: Oh, oh, oh.
Mayor Carollo: Kearson, yeah.
Commissioner Gibson: This was one prior to this...
Commissioner Plummer: OK.
Commissioner Gibson: What is the prior? What is the first case?
Mayor Carollo: Forty-five.
Commissioner Gibson: Forty-six.
Mayor Carollo: Forty-six.'
Mr. Jones: What is the first case?
Commissioner Gibson: Yeah, you are saying the new one is different from this one? This one is
what?
Mr. Jones: Yeah, well, it involves... This had to do with a number of personnel actions which
included arbitrations hearings for two employes and one Civil Service hearing, as you well
know, from Mr. Kearson...
Commissioner Gibson: Yeah.
Mr. Jones: ...'which is now on appeal. That's what this particular incident involves. I haven't
asked the Commission at this point for representation regarding the Federal lawsuit that was filed
by Mr. Kearson last week.
Commissioner Plummer: That's an additional.
Mr. Jones: You know, that will be for a different date and a different time. But, it involves the
same things and it does not make sense to go out and get additional counsel when you might as
well let the same firm that handled these matters, because that's the same subject of the lawsuit,
continue in that regard in the Federal lawsuit.
Commissioner Gibson: I am going to vote, "no" on this.
Mr. Gonzalez-Goenaga: Well, the difference is in a Federal lawsuit.
Mayor Carollo: OK. Excuse me, Mr. Goenaga, you are out of order.
158 September 9, 1997
Mr. Gonzalez-Goenaga: I am sorry.
Mayor Carollo: Mr. Clerk, can you show that last vote on 46, as to passing 4-1? OK, thank you.
Thank you, Commissioner.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-623
A RESOLUTION CONTINUING THE ENGAGEMENT OF THE LAW FIRM OF
WEISS, SEROTA & HELFMAN, P.A. TO SERVE AS COUNSEL TO THE CITY OF
MIAMI IN CONNECTION WITH PERSONNEL MATTERS PERTAINING TO THE
DEPARTMENT OF COMMUNITY DEVELOPMENT; ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $35,000, FROM THE SELF-
INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 620103-
661.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Willie Gort
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: Commissioner Thelma V. A. Gibson
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
62. (A) RATIFY / APPROVE / CONFIRM EMERGENCY ACTION FOR
ENGAGEMENT OF PROFESSIONAL SERVICES APPRAISERS --
TO APPRAISE GROVE HARBOUR MARINA AND CARIBBEAN
MARKETPLACE PROPOSAL -- TO DETERMINE IF IT OFFERS
FAIR MARKET RETURN TO CITY -- ALLOCATE FUNDS $ 17,995
FROM ACCT. 660101-220.
(B) COMMISSION DISCUSSES ISSUE OF POSSIBLE PADLOCKS AT
DINNER KEY BOATYARD PROPERTY.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Now, may I ask my question, Mr. City Attorney? The padlock on
Merrill Stevens, what has happened?
Mr. A. Quinn Jones, III, Esq. (City Attorney): Well, you know, I haven't put a padlock on it. I
mean, we found...
Commissioner Plummer: Well, people are still there after they gave us their word that they
would vacate by a certain date which...
159 September 9, 1997
Mr. Jones: Well, I think, Ms. Abrams can give you an update. And, my office is involved with
her in filing the necessary notices and whatever actions that needed... have been needed to
accomplish that. So, I will defer to her to give you an update on that, if I may?
Ms. Christina Abrams (Director/Public Facilities): Thank you. The Assistant City Attorney
assigned to the case wrote us a memorandum advising us that we cannot padlock the Merrill
Stevens. That we have to go through the due process and that we have a hearing scheduled for
February of'88, in which case we can present...
Commissioner Plummer: Eighty-eight?
Ms. Abrams: Ninety-eight, I am so sorry.
Commissioner Plummer: I don't understand. Maybe, I have lost something. When people make
an agreement that they will vacate by "X" date and they don't do it, we can't throw them out.
Mr. Jones: Well...
Commissioner Plummer: What the hell good is the agreement?
Mr. Jones: None. I mean we... I mean, this is what I have said from the very beginning. You
know, you can't employ self, I shouldn't say that the agreement is no good but you can't employ
self-help remedies to evict somebody out, not withstanding the agreement. You have got to go
through the whole eviction process.
Commissioner Plummer: You know...
Commissioner Gort: Let me ask you a question?
Commissioner Plummer: It makes no sense.
Commissioner Gort: If I don't pay my rent in my business, I am out....
Commissioner Plummer: That's right, you're gone.
Commissioner Gort: I am out within a month.
Mr. Jones: Well, it depends on what you lease says or whatever else. You know, but generally,
the Florida Statutes prescribes...
Commissioner Gort: Is there a problem with our leases then?
Ms. Abrams: No, they have no lease.
Mr. Jack Luft(Director/Planning and Development): No, Commissioner...
Mr. Jones: No, they didn't have a lease.
MR. Luft: Commissioner, they were alleging that they had another agreement, a different one
that gave them different rights. That's what they alleged.
Commissioner Plummer: You know, I have got a house in my neighborhood, I'll give you a
good example. Single family residential property that they have been operating a business out of
160 September 9, 1997
0 - 0
for the past 90 days. Nobody sleeps there after five o'clock at night, there is nothing in this
place but computers, and yet, I am told by my people in my NET (Neighborhood Enhancement
Team) office, well we can't tell them and stop it, we can't... we have got to let them have time to
correct their thing. Why doesn't they start imposing fines the day that they are in violation of
our code? What the hell good are our laws? We make laws to try to enforce. The house is still
being used for an office in a solely residential neighborhood. Now, Mr. City Attorney, what
good are our laws if we can't enforce them?
Mr. Jones: Well, I mean, there is a process that you go through. I mean, as badly as you want
to...
Commissioner Plummer: If they are in violation...
Mr. Jones: You cite them. I mean...
Commissioner Plummer: Let me say something. If I break the law, they put me in jail.
Mr. Jones: Yeah, but if you are in violation of a code...
Commissioner Plummer: Are they going to give me time to correct it?
Mr. Jones: It's different. I mean, if you are in violation of a code provision, you have got to go
through the process of citing them or whatever else.
Commissioner Plummer: And, they love it, because it will take you two to three years and that
means our laws are not worth a damn. And, I am sorry to say that but that's the...
Vice Mayor Regalado: So, if they have an illegal gambling operation, we will take action
immediately. But, if they have any illegal computer operation, we won't take action?
Mr. Jones: Well, I don't know that we would or wouldn't. But, I would just assume that if that's
the case that they would be cited.
Vice Mayor Regalado: I am asking. I am asking because I know that NET offices and officers
and inspectors do go to places and they even have closed certain places, right on the spot. Why
cannot...?
Mr. Jones: Whatever have been... Let me tell you something about certain of those. Certain of
those places that they have gone and shut down, they have been done illegally, OK.
Vice Mayor Regalado: Well, I have been there and some of them have not had licenses to
operate and they need two or three licenses. In J.L's case that he's telling us, they might not
have licenses, so why we leave them...?
Commissioner Plummer: They admitted from day one when they were putting in four watts
lines into a single family residents that they were running an interior design business. And, we
have in our provision a home occupation of 25 percent of the house.
Mr. Jones: Yeah, yeah.
Commissioner Plummer: But, one day when the burglar alarm went off, and I went over and I
looked in the window, there is not a single stick of what you would call livable furniture. It's all
desks, chairs, filing cabinets and computers.
161 September 9, 1997
Mr. Jones: Well those are civil violations as opposed to the example you just gave with illegal
gambling. It's a criminal offense what you could be arrested for immediately. Otherwise...
Commissioner Plummer: Oh, it doesn't matter how much you are pregnant, it's whether you are
a little pregnant or you are fully pregnant?
Vice Mayor Regalado: Right, right. Either you follow the law or you don't.
Mr. Jones: But there is a difference. I understand what you are saying.
Commissioner Plummer: My mother said, you are either pregnant or you are not.
Mr. Jones: But, I understand what you are saying. But, for a criminal offense the Police
Department can arrest them if they... If it's in their presence whereas with a civil violation...
Vice Mayor Regalado: Well, so let me ask you? Do they need to have a license to be there?
Mr. Jones: I assume, you know, Commissioner, I have two members of my staff who are
working very closely with Code Enforcement, to go out with the Police Officer.
Vice Mayor Regalado: No, but...
Mr. Jones: I don't know the exact requirements. I am certain they do.
Vice Mayor Regalado: No, Quinn. Quinn.
Mr. Jones: Yes.
Vice Mayor Regalado: This is not about one case.
Mr. Jones: Yeah, it's about many.
Commissioner Plummer: It's about many.
Vice Mayor Regalado: This is about many cases.
Commissioner Plummer: Yeah, yeah.
Vice Mayor Regalado: I know, I can tell you several addresses of same things that are
happening. And, I am telling you, not as clean as a computer operation, I can tell you about
other factories in residences. And, so do...? We need to know, do they need a license? If they
don't, can we shut them down?
Mr. Jones: Well, it don't, it depends on what type of license and the like. That's what I am
saying. That's why they have this task force that's been going around and making these visits
and the like. So, I... Depending on what the violation is, I just can't answer you in a vacuum. I
am sure in most instances they do need some sort of license.
Commissioner Plummer: You know, it's just... It's absolutely crazy when people think about
us. Us, who are supposed to be enforcing the law. Finally, day before yesterday, right. Over 90
days a person across the street from me hasn't done a thing, they have let the lot go into
foreclosure. We passed an ordinance where if you don't clean up your property in certain period
of time, we will go in and do it for you and give you a bill and put a lien, right? How long did it
take? Over 90 days through our City's bureaucracy and red tape to get a purchasing order for
162 September 9, 1997
somebody to come in there, who did day before yesterday, butchered the whole damn yard, laid
a mess there and we couldn't get anything done. And, my neighborhood is watching rats and
everything else run out of this yard. And, Mr. Manager, something is wrong when we can't
enforce our laws. And, I don't know what we can do differently than what we are doing, but for
God's sake, what we do know, what we are doing isn't working. I'll leave it there. I move item
47.
Mayor Carollo: It's been moved and it's been second. Any further discussion? Hearing none,
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. 97-624
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S EMERGENCY ACTION IN ENGAGING THE PROFESSIONAL
SERVICES OF THE REPUBLIC APPRAISAL COMPANY, INC. AND J.B. ALHALE
& ASSOCIATES, INC., AT COSTS OF $8,995.00 AND $9,000.00, RESPECTIVELY,
TO APPRAISE THE PROPOSAL SUBMITTED BY GROVE HARBOUR MARINA
AND CARIBBEAN MARKETPLACE TO DETERMINE IF SAID PROPOSAL
OFFERS A FAIR MARKET RETURN TO THE CITY OF MIAMI; ALLOCATING
FUNDS THEREFOR FROM ACCOUNT NO. 660101-220, ENTITLED:
"PROFESSIONAL SERVICES - APPRAISALS", SUCH COSTS TO BE
REIMBURSED TO THE CITY BY GROVE HARBOUR MARINA AND
CARIBBEAN MARKETPLACE AT THE TIME OF EXECUTION OF THE
PROPOSED LEASE; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
163 September 9, 1997
----------------------------------------------------------------------------------------------------------------
63. BRIEF DISCUSSION REGARDING WITHDRAWAL OF AGENDA ITEM 48
(SPECIAL MUNICIPAL ELECTION FOR NOVEMBER 4, 1997, FOR SALE
OF PROPERTY AT 1155 N.W. 11 STREET).
------------------------------- --------------------------------------------------------------------------------
Commissioner Plummer: Forty-eight is withdrawn and so is 49. I move 50.
Vice Mayor Regalado: Forty-eight was withdrawn?
Commissioner Plummer: Yes, 48 and 49. I move 50.
Vice Mayor Regalado: Excuse me, why was it withdrawn? I was under the impression that we
were ready to take action.
Mayor Carollo: Let me tell you why. Because, there were three bids submitted for this parcel.
Therefore, we do not have to bring it to an election.
Vice Mayor Regalado: So, are we going to sell it?
Mayor Carollo: Well, that's what the administration is looking at now.
Commissioner Plummer: Maybe.
Mayor Carollo: To see what their recommendation is going to be to us, and when they are ready
they will give us that information.
Commissioner Plummer: Well, excuse me. OK, their recommendation, but let's understand, we
are going to sell it.
Mayor Carollo: Well...
Commissioner Plummer: It's just a matter of which bid we accept.
Mayor Carollo: ... there is no question about that, Commissioner.
Commissioner Plummer: All right. All right.
Mayor Carollo: It's being sold. It's going to be put back in the tax roll. The question is, after
they study the three bids, they have to decide, based on the information that they have, which is
the number one choice that they are going to recommend to us.
Commissioner Plummer: Fine.
Vice Mayor Regalado: We are getting this on the next meeting?
Mr. Edward Marquez (City Manager): Mr. Vice Mayor, this item does not need to come back to
the City Commission for an acceptance. What I will do is, we are in the process of analyzing the
contingency offered in a couple of these bids. When we make a determination for sure, which
one we would like to recommend I will poll each... I will visit each Commissioner and explain
the situation.
164 September 9, 1997
0
0
Mayor Carollo: Yeah, you do that, Mr. Manager. Sit with each member of the Commission.
Mr. Marquez: Absolutely.
Mayor Carollo: Now, one other thing that I want to bring up on the open, whoever you are going
to recommend to us that we negotiate the selling of this land to first, you need to get a real good
idea as to what is the maximum time that we will have to give Dade County so that they don't
have to move overnight. We need to be as reasonable as we can with them since they cannot
make, find jail space overnight.
Vice Mayor Regalado: It's September 1st, we finished that agreement.
Commissioner Plummer: We put them on notice.
Mayor Carollo: Well, no, no.
Commissioner Plummer: Yes. Excuse me, I saw the letter. I saw the letter telling them to
vacate.
Mr. Jack Luft (Director/Planning and Development): September 30th.
Commissioner Plummer: Thirtieth, OK.
Mayor Carollo: Yeah.
Commissioner Plummer: That's fine.
Mr. Marquez: We will ask whoever ends up being the successful bidder, we will ask them if
they can enter into a month to month lease with the County, so that...?
Mayor Carollo: Yeah.
Commissioner Plummer: That's up to them.
Mr. Marquez: It's up to them, but we will encourage that.
Commissioner Plummer: That's right. We are out of the picture.
Mayor Carollo: But, I understand that, J.L., but we still need to be responsible and we need to
try to give Dade County as much leeway as possible, to find those additional jail beds for
misdemeanor crimes that they are using that space for.
Commissioner Plummer: Mr. Mayor, I hear you well. But, I guarantee you, we won't take as
long as they took to pay the rent, which they were a year and a half behind on.
Mayor Carollo: Well, that's all fine. But, that's them and, you know, we are we. And, it's a
new era and I would like to keep on cooperating with them like I think they have been
cooperating with us. And, I think that's the spirit that we should go forward with from here on.
END OF DISCUSSION -- NO ACTION TAKEN
165 September 9, 1997
•
C]
----------------------------------------------------------------------------------------------------------------
64. ACCEPT BID: AUGUST CONSTRUCTION COMPANY -- FOR RIVERVIEW
PUMP STATION RENOVATION, B5625 -- ALLOCATE FUNDS $475,780
FROM CIP PROJECT 352240.
Commissioner Plummer: I move item 50.
Mayor Carollo: Item 50 has been moved, second by Commissioner Gort. 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. 97-625
A RESOLUTION ACCEPTING THE BID OF AUGUST CONSTRUCTION
COMPANY, INC., IN THE PROPOSED AMOUNT OF 4397,721.00, TOTAL BID OF
THE PROPOSAL, FOR THE PROJECT ENTITLED" RIVERVIEW PUMP STATION
MODIFICATIONS, B-5625"; ALLOCATING FUNDS THEREFOR FROM PROJECT
NO. 352240, AS APPROPRIATED BY CAPITAL IMPROVEMENT PROJECTS
ORDINANCE NO. 11337, AS AMENDED, TO COVER THE CONTRACT COST OF
$397,721.00 AND OF $78,059.00 TO COVER THE ESTIMATED EXPENSES, FOR
AN ESTIMATED TOTAL COST OF $475,780.00; 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 Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
166 September 9, 1997
------------------------------- --------------------------------------------------------------------------------
65. RATIFY / APPROVE / CONFIRM EMERGENCY FINDINGS -- WAIVE
COMPETITIVE BIDS -- APPROVE REPAIRS AND RENOVATIONS TO
ORANGE BOWL BY FLORIDA LEMARK CORPORATION AND
VENECON, INC. -- ALLOCATE FUNDS $33,117 FROM CIP PROJECT
404240.
Commissioner Plummer: Move 51.
Mayor Carollo: Fifty one...
Vice Mayor Regalado: Second.
Mayor Carollo: ... has been moved by Commissioner Plummer, second by Vice Mayor
Regalado. 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. 97-626
A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, RATIFYING, APPROVING, AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY,
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND
APPROVED REPAIRS AND RENOVATIONS TO THE ORANGE BOWL STADIUM
BY FLORIDA LEMARK CORPORATION, IN THE AMOUNT OF $5,185.00, AND
VENECON, INC., IN THE AMOUNT OF $27,932.00, FOR A TOTAL AMOUNT OF
$33,117.00; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 404240, AS
APPROPRIATED BY FY '95-'96 CAPITAL IMPROVEMENT ORDINANCE NO.
11337, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
167 September 9, 1997
Commissioner Plummer: Question.
Vice Mayor Regalado: Mr. Mayor, I have several questions on 52.
Commissioner Plummer: Wait a minute, but I have a question on 51. Mr. Manager, did we...?
Mayor Carollo: Well, we just approved 51, but go ahead and ask the question.
Commissioner Plummer: No, I just want to ask a question. Did we have any guarantee on the
people that painted that? How long that guarantee on the paint lasted?
Mr. Jim Kay (Interim Director/Public Works): You are talking about for the stadium itself?
Commissioner Plummer: The Orange Bowl, yeah.
Mr. Kay: Yes, we do. Uh-huh.
Commissioner Plummer: How long was it?
Mr. Kay: I don't...
Commissioner Plummer: Are we out of the guarantee? Because, that stuff is peeling off of there
like crazy.
Mr. Kay: I don't recall. I don't think we are. I don't think we are out of guarantee, no.
Commissioner Plummer: Well, are we going to pursue it before the guarantee runs out?
Mr. Kay: Yes. Yes, sir. We have.
Commissioner Plummer: I would like a posture paint before the next seven days because that
paint is just peeling off of there, Mr. Mayor, in goads. And, the amount of money that we paid
to paint that Orange Bowl, it is a sin. And, I would like within a week that you send us a memo
telling us the extent of what you feel is the damage, and if, in fact, it's still covered in the
warranty because we spent a lot of money.
168 September 9, 1997
----------------------------------------------------------------------------------------------------------------
66. (A)
ACCEPT BID: CONE CONSTRUCTION, INC -- FOR DINNER KEY
BOATYARD MARINA DOCKS, H-1088 -- ALLOCATE FUNDS
$2,663,265 FROM CIP PROJECTS 418001 AND 419406.
(B)
COMMENTS REGARDING POSSIBLE MISUSE OF FEMA FUNDS.
(C)
COMMENTS REGARDING NEED TO RESEARCH
ENFORCEMENT TO STOP STOLEN MERCHANDISE ON
SHOPPING CARTS.
(D)
RECONSIDER R97-627 (BID ACCEPTANCE OF CONE
CONSTRUCTION, INC FOR DINNER KEY BOATYARD - MARINA
DOCKS).
(E)
INSTRUCT ADMINISTRATION TO ADVERTISE / SCHEDULE
PUBLIC HEARING FOR SEPTEMBER 23, 1997 -- FOR WAIVER OF
CONFLICT OF INTEREST PROHIBITION CONTAINED IN CODE
SECTION 2-612 FOR CONTRACT FOR DINNER KEY BOATYARD -
MARINA DOCKS PROJECT.
Mayor Carollo: OK, we are in item 52.
Commissioner Plummer: And, I move it.
Vice Mayor Regalado: And, I have a question. When was this bid approved.
Mr. Jim Kay (Interim Director/Public Works): I am sorry, for 52?
Vice Mayor Regalado: Yes, for the Dinner Key Boatyard.
Mr. Kay: We received bids late... The bids were received January 31st of this year. We could
not have awarded contract, you know, right after that because we did not have enough funds for
the work in place and we had to go back to FEMA (Federal Emergency Management Agency) to
negotiate with them, and we do have the funds now for this project.
Commissioner Plummer: What are you calling Dinner Key Boatyard? Are you talking about
Merrill Stevens, are you talking about here?
Mr. Kay: The Merrill Stevens site.
Vice Mayor Regalado: This is a non -local company, isn't it?
Mr. Kay: That's true. They are a Tampa based company.
Vice Mayor Regalado: Are they going to subcontract?
Mr. Kay: They are... Yes, sir. They do have subcontractors listed.
Commissioner Plummer: And, there was no local people that bid?
Mr. Kay: There were two local... There was one local bid that was received from Marin and
Marin.
169 September 9, 1997
Commissioner Plummer: The names are not important.
Mr. Kay: Yeah.
Commissioner Plummer: I mean, they weren't anywhere in line?
Mr. Kay: The second low bid was Marin and Marin. However, we rejected that bid because of
an irregularity that he had that we could not waive in his bid.
Mayor Carollo: Were they lower or were they higher?
Mr. Kay: They were higher.
Mayor Carollo: They were higher?
Mr. Kay: Yes.
Mayor Carollo: By how much?
Mr. Kay: I believe it was about... Can you just give me a second here? Yeah, they were about...
Mr. Edward Marquez: One hundred and sixty thousand.
Mr. Kay: ... one hundred and sixty thousand higher.
Mayor Carollo: One hundred and sixty thousand?
Mr. Kay: Yes, sir.
Vice Mayor Regalado: So that's less than ten percent.
Mr. Kay: Yes, sir, it is.
Vice Mayor Regalado: My information is, that they wanted or they said that they have corrected
the so called "irregularities." Do you...
Mr. Kay: Well...
Vice Mayor Regalado: ... have any contact with them on...? This has been a year, right, or two
years?
Mr. Kay: This, no. This has been actually less than a year. It's been about eight months since
we received the bids.
Vice Mayor Regalado: And, you did not give the possibility of correcting this?
Mr. Kay: Well, the instructions to the bidders were clear that they were to submit the
irregularities that listed themselves as subcontractors and they do not have a qualifying agent for
the sub -contractor work, such as the mechanical work, the electrical work, plumbing work. They
have to be qualified. In other words, they have to have qualifying agents for that subcontractor
work and they didn't have it.
Vice Mayor Regalado: And, the people that are going to be subcontracted to do this bid, have?
Do they have any complaints at all? Do they have a clean bill?
170 September 9, 1997
Mr. Kay: Yes, sir. They... From all that I know of, the electrical is Daniel Electric is the
subcontractor for electrical... Let me find the paperwork. They have Jerome Nathalbush
(phonetic) for mechanical and Pernell Foundation for pile driving. They are of course, all local
people and we have not received any complaints from anybody regarding them.
Commissioner Plummer: You know, Jim...
Commissioner Gort: Let me ask a question.
Commissioner Plummer: Go ahead.
Mr. Kay: Yes, sir.
Commissioner Gort: My understanding is, that it's going to be two years to award a contract
about a month ago for the development of the warehouses and the marina?
Mr. Jack Luft (Director/Planning and Development): You selected a most advantageous
proposal. We are negotiating that contract.
Commissioner Gort: Right. You are negotiating that contract. This is the marina right next to
it?
Mr. Luft: This is the marina on that site.
Mr. Kay: No.
Commissioner Gort: On that site.
Mr. Luft: This is the marina we are saying to the proposer, we are going to deliver a built marina
as a part of your project.
Commissioner Gort: Yeah, but it's got to be built and sent to the... OK.
Mr. Luft: Which they proposed assuming we were going to have this marina there.
Commissioner Gort: Whoever agrees for that contract, I think they should have a coordination
with those individuals to make sure that it gets done according to everybody's satisfaction.
Mr. Luft: We have already done that.
Commissioner Gort: OK.
Commissioner Plummer: Educate me, would you, please?
Mr. Kay: Sure.
Commissioner Plummer: Why are we not smart to break up these bids? And, the reason I say
that, as you go down these bids in some instances the second bidder were tremendously,
tremendous amount of difference on the same item. For example, electrical and mechanical
work, the company you recommended, and I am assuming it's the same job, the same work is to
be done by the same company. One company says it's one hundred and eighty thousand dollars
($180,000) and the second bidder says it's sixty-six thousand dollars ($66,000). You go down
here to remove debris, the one you are recommending says three hundred and forty-seven
171 September 9, 1997
thousand dollars ($347,000), the second bidder says one hundred and eight thousand dollars
($108,000). And, you go down the line, I am asking the question, Finger, Pierre, Fender and
Mooring (phonetic), the one you are recommending says two hundred and forty thousand, the
second says two hundred. Why wouldn't be smart to try to break this up and be able to pick
from the contracts, I mean is there any sin in having two contractors on the same job...
Mr. Kay: Commissioner, this...
Commissioner Plummer: ...when there is such a tremendous difference?
Mr. Kay: This was delivered to us as one complete package and there would be a tremendous
difficulty in trying to coordinate these overlapping responsibilities.
Commissioner Plummer: But, there has got to be something wrong when you put out a set of
specs, OK, and I am assuming that the electrical work to be done by "A" is the same electrical
work to be done by "B." Am I correct?
Mr. Kay: That's what the specifications call for.
Commissioner Plummer: And, there is such a discrepancy in the cost factor. One is one
hundred and eight, the other is sixty-six. It doesn't make any sense to me.
Mr. Kay: Commissioner, we were basically interested in... We do look at these cost differences.
We are also interested in the bottom line figures. And, we do have to see if these things are out
of line in any way. But, so far we cannot find anything that is out of line. The contractor has
agreed to hold his prices even though it was bid last January. And, as I said before, the funding
for FEMA has been approved and we are ready to move ahead with this project.
Vice Mayor Regalado: Well, I have a letter here from this contractor, the person that you
mentioned, Marin and Marin Construction. They have offices in the City of Miami, so this is
why it caught my eye. Because, I like any other members of the Commission and, as a matter of
fact, I have a discussion item on this issue, believe that we should analyze the locals first in the
whole picture. They say that they did make some mistakes in the bid application and that Cone
Constructors also made mistakes, is that true? On their bid application.
Mr. Kay: We could not, you know, find any irregularities that would disqualify Cone at all on
this job.
Commissioner Plummer: Did they say which were the irregularities by Cone?
Vice Mayor Regalado: I have no... I have no... They also mentioned that they think that there is
a conflict of interest. Mr. Bunnell, that is here, being on the Waterfront Board, I don't know if
the City Attorney will consider that a conflict of interest being part of the project and also part of
the Waterfront Advisory Board. And, that... There was some... I don't want to read this, but I
can give to the administration this letter for them to consider. It is... This is somehow the same
thing with the uniforms that we had a few minutes ago, the discussion. It raises questions and,
whenever questions are raised, it's very difficult for a City that has been under scrutiny to make
a decision which cannot be seen as crystal clear and I really have my doubts on this issue. I
don't know what the rest of the Commission will do. I will have to vote, no. I, just... Mr.
Manager.
Mr. Marquez: Mr. Vice Mayor, again, I'll ask Frank Rollason to address the funding issue on
this thing. We had to go back to FEMA for an increase on funding to accommodate this low
bidder. I will have him explain the ramifications on accepting anyone else, other than the low
bidder.
172 September 9, 1997
Mr. Frank Rollason (Director/General Services Administration): Let me explain to you where
we are with the funding. We have been negotiating with...
Vice Mayor Regalado: Excuse me, it's not a problem of funding, Chief. It's a problem of
perception.
Mr. Rollason: I understand. But...
Vice Mayor Regalado: Forget about the fundings, and the time, you know, has been over nine
months or eight months. It's the perception.
Mr. Rollason; I understand. But, sir, also you need to understand that it has been five years
since Hurricane Andrew. FEMA has, we have worked with them for two years working on
funding aside from the bids. It's a separate issue. But, because of the items that we had to have
done because of requirements, of environmental requirements and so forth, we have been
negotiating back and forth to get this additional funding. FEMA feels that they have been very
tolerant of the City of Miami to go through due process to rebuild this marina. I am fearful if
this is rejected or does not go forward today, in my discussions that I have had with them, that
they will deobligate the entire amount of money. When that happens...
Vice Mayor Regalado: Well...
Mr. Rollason: Let me explain to you, please, what happens.
Vice Mayor Regalado: Sure.
Mr. Rollason: Obligating the money to the City of Miami is much like encumbering it when you
issue a purchase order. The federal government takes that money and they give it to the State
and they set it aside and they say, this three million is set aside to do this marina. In the
meantime, FEMA has had many other natural disasters throughout the country and as any
budgetary process, they are squeezed for dollars. So, when they see work that is not going
forward in a reasonable amount of time, they come in and they deobligate that money and they
use it elsewhere. Us, as the applicant, can then reapply to go through the process to get the
money back. There is no automatic that we will get the money back in place for this process. It
then puts us in a position that if we go out to bid again, that the City will have to identify a
funding source through our process to have funding in place to do a bid project. And, also we
have found that as we have gone back on deobligated projects, you start from ground zero. They
send out the engineers. They do an evaluation of the marina. It's not like we say, we are ready
to go again and they put the money back in place. We will then go through the process again.
And, I can only tell you that as time marches on our chances of doing as well as we have done is
not good.
Vice Mayor Regalado: I hear you. And, I agree with you that FEMA is skeptical about the City
of Miami because we all know that monies from FEMA were used inappropriately in the City of
Miami, in the Public Works Department, in the Administration, we know that. So, FEMA has
the right to be upset with the City of Miami. But, then, that's their problem and this is the
problem of the past administration. It's not your problem. But, we, the City did make mistakes
and FEMA money was misused, we all know that. I mean, we read the press, we know that.
But, what I am saying is, that this is about image: And, as leaders, we have to be trying to
convince FEMA that we are good now. We also need to convince the people of Miami and
ourself that everything that is done here is done very transparent. There is nothing wrong in this
board here, that everybody here does the right thing. So, I am just stating this fact. Whenever
there is something that has to be answered, I think that we should answer and we should respond
173 September 9, 1997
to the people and be very clear about that. And, yes, of course, we know that the past
administration misused the funds from FEMA, we all know that. As a matter of fact, there are
people that say, that thanks to Saint Andrew, this City is alive. So, you know, what you are
saying makes a lot of sense. But, what I am saying is not about FEMA, it's about image.
Mr. Rollason: I understand. And, I think also that I would like to come by and see you on the
issue of the use of the funds because I think there is some...
Vice Mayor Regalado: Do you think that the press has misled the public opinion?
Mr. Rollason: I think that in the City of Miami, the FEMA funds that came into this City were
used appropriately. And, I am not aware of any case...
Vice Mayor Regalado: Well...
Mr. Rollason: ... where they were used otherwise.
Commissioner Plummer: Can I ask a question? Isn't there a ten percent rule...
Mr. Kay: Yes, sir, there is.
Commissioner Plummer: ... for local companies?
Mr. Kay: There is, yes, sir.
Commissioner Plummer: And, how did you equate that they were not within the ten percent?
Mr. Kay: We said that he was nonresponsive because in listing his subcontractors, he listed
himself as a subcontractor and he is not qualified to do the electrical subcontracting, nor the
mechanical subcontracting nor the plumbing subcontracting.
Commissioner Plummer: According to the document you furnished me...
Mr. Kay: Yes, sir.
Commissioner Plummer: ... the only irregularity was "F", which was a nonresponsive bid.
Mr. Kay: Yes, sir, that's what it says. That's why.
Commissioner Plummer: And, he listed himself as a subcontractor, and he is not?
Mr. Kay: Right. He is not qualified in the trade, I'll say, to do that work. He is a licensed
general contractor...
Commissioner Plummer: All right, then what about the third one? That shows me that it's
with... Well, that is not the ten percent, no. There is only one company that was local. All right,
more fun.
Mr. Kay: I would like to add that I sat down with the second low bidder, Mr. Marin, and after
sending him a letter and talked to him and tried my best to explain to him why he was not being
considered. I just want to say that for the record.
Commissioner Plummer: Obviously, he is not here to protect. Mr. Mayor, I move item 52.
174 September 9, 1997
Mayor Carollo: There is a motion on item 52. Is there a second?
Commissioner Gibson: There is a second by Commissioner Gibson.
Commissioner Gort: Discussion.
Mayor Carollo: Further discussion.
Commissioner Gort: What I want to make sure is, we have a project that is going to take place.
And, my understanding is, we are going to deliver this project to the person making the...
Mr. Luft: This is part of the improvements that we are saying will be on that property.
Commissioner Gort: That we will complete the negotiation with.
Mr. Luft: That's correct.
Commissioner Gort: I want to make sure that the company that gets the award works very
closely with those individuals to make sure that we don't get this coming back in front of us later
and says, I didn't do this, or it's not according to my specifications. I didn't make it, so... I want
to make sure that they coordinate the work so that it gets done to the satisfaction of everybody,.
Mr. Luft: That's right.
Commissioner Gort: OK. I don't want what happens in the past, that somebody comes back to
us, look, it was not my job...
Mr. Luft: The bidder has expressed that concern that there be that coordination. We have had
the meeting, they have looked at the plans, we decided that whatever adjustments are minor and
they are satisfied, we are moving forward.
Commissioner Gort: OK.
Commissioner Plummer: Two questions. Number one, how much is the performance bond?
Hello?
Mr. Kay: The performance bond for this project...
Commissioner Plummer: Yeah.
Mr. Kay: ... is for the total cost of the project.
Commissioner Plummer: The performance bond, if they don't perform like they are supposed to
do. And, second of all, what is the penalty for not completing within the time frame.
Mr. Kay: There is liquidating damages for not completing within the time frame.
Commissioner Plummer: Is it specified one thousand dollars ($1,000), ten thousand dollars
($10,000) a day?
Mr. Kay: It's two thousand three hundred dollars ($2,300) a day, I believe is what it is.
Commissioner Plummer: A day?
175 September 9, 1997
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Mr. Kay: Yes, sir.
Commissioner Plummer: OK, and there is no performance bond required?
Mr. Kay: Yes, there is a performance bond required.
Mayor Carollo: Yes, there is. For the total amount.
Mr. Kay: It's in the amount of the contract.
Mayor Carollo: The total amount of the contract. He said it three times. He said it four times.
Commissioner Plummer: Mr. Mayor, I am concerned about overruns. I am concerned that they
can do it for the price that they have agreed to do it for, and if not a performance bond would
kick in?
Mr. Kay: That's correct.
Commissioner Plummer: OK, so I just... You have a letter stating from them...
Mr. Kay: We have a perform...
Commissioner Plummer: ... that in fact, that there is a guaranteed price and they will not overrun
that price?
Mr. Kay: That's correct. Yes, sir.
Commissioner Plummer: OK.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor.
Commissioner Plummer: By the way, what is the final date?
Mr. Kay: I am sorry, what?
Vice Mayor Regalado: We are still on that issue?
Commissioner Plummer: How many days do they have to do the project?
Mr. Kay: Bear with me just a minute, I think I have that here.
Commissioner Plummer: Give it to me later.
Mr. Kay: I will give it to later. I am sorry.
Commissioner Plummer: That will be fine. I want to start the process. (phonetic)
Mr. Jones: Mr. Mayor, if I could bring to your attention...
Vice Mayor Regalado: Excuse me, there is somebody from Marin and Marin here.
Mr. Jones: Oh.
Mr. Bernardo Portuondo: Yeah.
176 September 9, 1997
0
Mr. Mariano Cruz: No, what about me? I have been here waiting.
Vice Mayor Regalado: You too are from Marin and Marin?
Mayor Carollo: You are a candidate.
Mr. Cruz: I will get... OK, fine. Because, you know, I am a citizen and a taxpayer of the City
of Miami.
Mayor Carollo: No, no, Mariano. Mariano, two minutes. I know you are a taxpayer.
Mr. Cruz: Right, And, a voter.
Mayor Carollo: You are also one of the people that gets the most out of what you pay in taxes.
We give you all the time, every meeting, every time we meet. You get two minutes on any item
that you want to speak.
Mr. Cruz: If I was a lobbyist or Queen Victoria, I will get more than two minutes.
Mayor Carollo: No, no.
Mr. Cruz: Oh, no?
Mayor Carollo: If you come up with a legitimate item that you represent someone before this
Commission and you pay the fee of a lobbyist, you get to speak. But, you get more time here,
than most people receive even when they are lobbyist. So, don't say that you don't because you
do get more time than most people.
Mr. Cruz: Two minutes.
Mayor Carollo: The difference is, that most of the times in your two minutes, you do not
address the issue that is before us. You address many other issues but not the one that's before
us at the time. Now, if you want to address this Commission, on this issue...
Mr. Cruz: OK, do I get authorization, now?
Mayor Carollo: ... on this issue, you have two minutes.
Mr. Cruz: OK.
Mayor Carollo: Thank you.
Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street. And, you can answer me when I finish
saying... But, the one question that I got, what the average citizen in Allapattah, Wynwood,
Grapeland Heights or Flagami benefits from this 2,301,500? That's the question that I got.
What is the benefit? When the complain me about the broken sidewalks and the City tell me
there is no money or something to fix the sidewalks, that's one thing. This other thing is very
close to my heart, the Dinner Key Boatyard. I talk in that because in January, 1997, my brother
was working there and he was fired by Christina Abrams, right there. And, nothing, nothing,
being done. And, then the ' new security guard people, they use some kind of thing. And,
remember to all those suits you will have to add eventually, a suit from my brother.
Mayor Carollo: Mariano...
177 September 9, 1997
Mr. Cruz: Yes.
Mayor Carollo: Mariano, I am sorry, but this is not part of the issue at hand.
Mr. Cruz: Well, it's part of that, because that's the only way...
Mayor Carollo: Well, then you need to get a personal appearance...
Mr. Cruz: I have to...
Mayor Carollo: ... and address the Commission and you will have more time than two minutes.
Mr. Cruz: Yeah.
Mayor Carollo: But, you are not addressing yourself to the issue at hand.
Mr. Cruz: Well, I will ask you again, what is the benefit that we get from those two million... the
general public of the City of Miami or is this just to benefit contractor and business people or
something? Who is... who benefits?
Mayor Carollo: You have fifty seconds left.
Mr. Cruz: We don't know who benefit from that.
Mayor Carollo: And, Mr. Jack Luft is going to answer you.
Mr. Cruz: Because, there is a lot of things going on there and the average citizen there don't
know what's going on here, you know. And, then people, like people help certain candidates in
the election time and they forget about them. You know, they helping the enemies. That's why
sometimes it pays better to be an enemy than to be a friend. Because, sometimes they pay the
friends with a sword through the back. That's it.
Vice Mayor Regalado: Thank you. You, who 'do you represent?
Mr. Portuondo: Yes. My name is Bernardo Portuondo. I am with the law firm of Liebler,_
Gonzalez and Portuondo. We are located at 2300 Miami Center, 201 So. Biscayne Boulevard,
Miami, Florida. I am here today to represent Marin and Marin Construction, Inc., in connection
with...
Commissioner Plummer: Have you paid the fee for the lobbyist, sir?
Mr. Portuondo: My client called me in on an emergency. He only found out about this hearing
late yesterday.
Commissioner Plummer: You can write your check in an emergency, sir.
Mr. Portuondo: OK. And, he in fact, has a check for that purpose.
Commissioner Plummer: Once we get that check, sir, you can speak.
Mr. Portuondo: OK, fine.
Vice Mayor Regalado: Manny.
178 September 9, 1997
Mr. Manuel Gonzalez-Goenaga: I don't need to pay.
Commissioner Plummer: We pay you six dollars ($6).
Mr. Gonzalez-Goenaga: Yes. And, not even the parking. Anyway, two minutes. You know,
another philosophical term, but down to earth. I remember, many years ago when some of you
guys weren't even born. On the first year of the New York Mets, when Casey Stengel (phonetic)
asked the ballplayers, "hey, guys do you know how to play this game"? And, this applies
constantly, not to these honorable Commissioners, to management. To the different
departments. I get that perception and I have been coming here since 1990. What about change
orders? You know, that's where... Because, in case you don't know, I am an ex -banker and I
have been on both sides. I have been on the construction and then on the development side, on
private... And, the issue is, you know, how they stick the banks and the... Through change orders.
Ask, Mas Tec and you will see. And, I am a shareholder of Mas Tec, also. Thank you.
Commissioner Plummer: Mr. Christerfield, sir, no different than Miami Beach.
Vice Mayor Regalado: Do you have the check ready?
Commissioner Plummer: The ink is drying.
Vice Mayor Regalado: OK, it's drying. That's good enough.
Commissioner Plummer: Let me ask a question. Mr. Vice Mayor, you passed an ordinance
here, than I am asking that I might be crazy. You know, one of the major problems we are
having on the river? Grocery carts. You passed an ordinance here that we are collecting grocery
carts and charging the companies five dollars ($5) to get them back, correct?
Vice Mayor Regalado: And, we are. Indeed, we are, Commissioner.
Commissioner Plummer: What? Is there any reason we can't confiscate grocery carts that are
not carrying groceries and obviously not owned by the individual pushing it? Am I crazy?
Vice Mayor Regalado: Excuse me. I am told, Commissioner, that we are selling back several
dozens of shopping carts every week to...
Commissioner Plummer: Yeah, but what I... The point I am trying to make, Mr. Vice Mayor, is
you go, as I do, down by the river. All of the stuff that's going on those boats, whether legal,
illegal or whatever is going by grocery carts.
Vice Mayor Regalado: Yeah, but, you know what? The problem, and I think that this is
important to be addressed here. The problem is that the police will not pick up those carts. This
is done by the NET (Neighborhood Enhancement Teams). The NETs do not work during the
night. And, we need... Yeah, let me... Hear me.
Commissioner Plummer: You haven't been down there during the day.
Vice Mayor Regalado: I have. I have. I am telling you that during the day those people that
work with those carts, that steal things in the Roads and in the East Little Havana section, they
take the cart. Apparently, they park the carts there to sleep...
Commissioner Plummer: I went...
179 September 9, 1997
Vice Mayor Regalado: ... and they come back in the morning and the carts are gone. I am
telling you because I have been there round 11 o'clock at night and I have come back around
8:00 a.m., the carts are gone. If we can only get a person with a pickup truck, with authority, to
pick up those carts, I am telling you that we will pick up dozens of carts every week and we will
sell it back. I mean, the stores are... You will be glad to know the stores are very happy with
this run...
Commissioner Plummer: We give the carts back for five bucks ($5), they pay one hundred...
Vice Mayor Regalado: How many, just how many carts have we given back, selling back to
the... every week.
Mr. Ron Williams (Interim Director/Solid Waste): It varies, but it's several, it's 40 to 50 easy.
And, of course that number just changes based on the situation.
Commissioner Plummer: Mr. Vice Mayor, during the lunch break today, I rode by the river.
One grocery cart was carrying a brand new generator, brand new generator. And, another
grocery cart and I don't know how he did it, he had what looked to be four brand new bicycles in
a grocery cart. Now, I don't know how he got four in there, but he did. Now, you can't
convince me that he is going to ride four bicycles down there to sell.
Vice Mayor Regalado: No, Absolutely. Chief, can we stop that person, the one that
Commissioner Plummer saw and say, "hey, I mean where are you taking that generator, Haiti,
Bahamas or your home?"
Police Asst. Chief Martinez: Yeah, we can, Mr. Commissioners. What we have done and will
continue to do quite a few sweeps for those carts and we are taking them back to the Winn-
Dixie's and to the Publix's that they belong.
Vice Mayor Regalado: But, you don't have to because we have established a system...
Mr. Williams: Yes.
Vice Mayor Regalado: ... in the Solid Waste Department that these people, every week they go
by...
Police Asst. Chief Martinez: And pay for those. And pay back, right.
Vice Mayor Regalado: ... there and pay with a check. And...
Commissioner Plummer: The question very simply I am asking and maybe I am totally out of
character. Possession of a cart that is not theirs, I guess is a felony if it's one hundred and sixty-
five dollars ($165). And, unless they could prove ownership, it would seem like to me they are
breaking the law.
Police Asst. Chief Martinez: Right. Even if we can't prove ownership we at least confiscate the
cart and take it away and give them their belongings.
Commissioner Plummer: Yeah, that wound us up in Federal Court with the homeless. OK.
Vice Mayor Regalado: Commissioner Plummer.
Commissioner Gort: Let me ask a question. Can we request of the owners of the shopping carts
to put identification on it?
180 September 9, 1997
Vice Mayor Regalado: They have. They have it.
Commissioner Plummer: They all got them. They got them.
Police Asst. Chief Martinez: They have. Most of them do, sir.
Vice Mayor Regalado: No, they have two IDs. One, which is the one that you see when you go
buy the groceries which is either Winn -Dixie or Sedano's or Varadero or Publix. And, they also
have one in the bottom of... which is inscribed. And, by this, they identify the different..
Commissioner Plummer: You want a real experience?
Commissioner Gort: Let me give you another suggestion, see if it's possible, the Law
Department. Can we have an ordinance where these carts cannot be in the public right-of-way,
such as in private properties?
Mr. A. Quinn Jones, III. (City Attorney): Right.
Commissioner Gort: That way if it's outside of the...
Commissioner Plummer: The City Attorney is not listening.
Mr. Jones: I am sorry. I am sorry.
Commissioner Gort: Can we pass an ordinance where we can prohibit the use of those carts
outside of the private properties where they belong to...
Mr. Jones: In the public right...
Commissioner Gort: ... not to be used in the public right-of-way?
Vice Mayor Regalado: Of Course, we can.
Mr. Jones: Yeah, you can pass it.
Vice Mayor Regalado: Because, you know, Commissioner... Excuse me. Quinn, you see the
signs in every store saying...
Commissioner Plummer: Well...
Vice Mayor Regalado: ... taking the shopping carts out of the store is...
Commissioner Plummer: Yeah, but...
Commissioner Gort: If we had that ordinance that would give the police officer an opportunity...
Commissioner Plummer: Yeah, but Willy, what are are going to do with the old ladies that can't
carry the groceries home, OK? They take the carts. Now, I have got a problem there. What I
am saying is, if they got a grocery cart...
Vice Mayor Regalado: Sure, if you see an abandoned... If you see an abandoned....
Commissioner Plummer: ... and they are not carrying groceries, they are not carrying groceries.
You want a real experience? Come out to my place of business which is two blocks from a
181 September 9, 1997
shopping center. There is not a day that goes by that we don't have three, four or five, because
we have a big parking lot, groceries carts in our yard.
Vice Mayor Regalado: Well, they already paid the check. So, we are back on 52.
Commissioner Plummer: Well, I would just ask the City Attorney to prove me that I am fully
certified nuts and explore the issue as to whether or not we can do something maybe, as an
enforcement arm, by doing something in that area.
Mr. Jones: OK. All right.
Vice Mayor Regalado: All right, Mr. Portuondo.
Mr. Portuondo: All right, just to repeat. My name is Bernardo Portuondo with the law firm of
Liebler, Gonzalez and Portuonda, PA, here at 201 So. Biscayne Boulevard in Miami, Florida. I
am representing Marin and Marin Construction in connection with their proposed bid for this
project. By way of background, my client, Marin and Marin Construction submitted a bid for
this project which was deemed nonresponsive by the Department of Public Works for what we
consider to be certain technical deficiencies. Although my client does not agree with the City of
Public, I am sorry, the Public Works Department's basis for rejecting this bid since on prior
occasions he had submitted similar bids without a problem of this nature, my client is willing to
accept the City's determination. Obviously, it's the Public Works Department that sets the bids
specifications. However, we believe that the City must also reject the bid submitted by Cone
Construction, Inc., for failure to respond to the technical requirements of the City's proposal.
Commissioner Plummer: Oh, oh.
Mr. Portuondo: Given the fact that Cone Construction is equally none responsive, what we
would believe the proper course would be is to rebid the project in order to give all parties the
opportunity to properly respond to the bid.
Commissioner Plummer: Sir, I hope you would say for the record what you feel those
irregularities are?
Mr. Jones: Well...
Commissioner Plummer: You are making allegations, I would like to know what they are.
Mr. Jones: Well, before you do that, Commissioner, let me just say this. Because, technically,
this gentleman shouldn't even be before you because he didn't follow the protest procedures in
that ordinance, OK. So, whatever he's presenting to your is time barred. And, I would only say
to you that, certainly if you want to entertain it, fine. But, you are making a record that you
don't have to make and you shouldn't make. .
Commissioner Plummer: OK, I think that... The man has made an allegation that there were
irregularities...
Mr. Jones: Well...
Commissioner Plummer: ... in the company to be awarded.
Vice Mayor Regalado: But....
Commissioner Plummer: And, God's knows I want to know them.
182 September 9, 1997
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Mr. Jones: But, Commissioner Plummer, what I am saying to you is this.
Commissioner Plummer: We don't have to determine it.
Mr. Jones: What I am saying to you is, if there were irregularities, it was well within their power
to file a protest stating those irregularities now. Now, at the ninth hour, after you have been time
barred from presenting the protest, you know, don't come here now stating this and expect to be
heard when you foregone what your rights were during the process. And, I would urge you, as a
Commission, to refrain from hearing any testimony whatsoever in this regard because you are
going to make a record that you don't want to live with.
Mr. Portuondo: Let me just mention one thing. That there was a letter submitted at a much
earlier date protesting some of the findings and specifying exactly what those irregularities were
that I am about to talk about. Whether or not those complied with the exact procedural
requirements, I don't know, I was not representing my client at that time. That letter was
prepared by another attorney, but I can tell you that there was an earlier letter prepared.
Commissioner Plummer: Well, you know, we are going to feel damn foolish if whatever that
irregularity is, comes back to haunt us in the near future. And, that's the only reason I wanted to
know what it was. It might now be worth a damn, but the man has made an allegation, Mr. City
Attorney. And, you are now telling us, don't listen to it.
Mr. Jones: Yes, I am. And, I am telling you, all it is at this point is what he is calling it, an
allegation.
Commissioner Plummer: OK, OK.
Mr. Jones: And, he had ample opportunity to present it to this Commission.
Commissioner Plummer: I, I...
Mr. Jones: And, he is time barred at this point. And, I beg you, I urge you not to...
Commissioner Plummer: I hear you.
Mr. Jones: OK.
Commissioner Plummer: And, I will not pursue further. But, I hope the day doesn't come
where we are embarrassed by not hearing what maybe was more than an allegation or maybe
not. And, I could make that determination if I knew what it was. But, when I don't know, and I
am following your advice, sir, they can boil you in oil, not me.
Mr. Marquez: Commissioner Plummer, just for the record.
Mr. Jones: Well, you do that all the time, Commissioner.
Vice Mayor Regalado: Mr. Manager.
Mr. Marquez: Mr. Vice Mayor. For the record, the allegations and the letter that Mr. Portuondo
is referring to had been reviewed by the Public Works Department and the Public Works
Department determined that those allegations were insignificant in nature. So...
Commissioner Plummer: Again, Mr. Mayor, I move the item.
183 September 9, 1997
Mayor Carollo: There is a motion.
Commissioner Plummer: And, I do that predicated on the City Attorney's advice not to pursue
this matter.
Mayor Carollo: There is a motion and there is a second from Commissioner Gibson. Any
further discussion? Do we need to hear from anyone else?
Commissioner Plummer: The only thing I want to say is, Mr. Vice Mayor, I think you need to
go very strong on your issue that's coming up about the hiring...
Vice Mayor Regalado: Absolutely.
Commissioner Plummer: The purchasing practices of this City.
Vice Mayor Regalado: Absolutely. I...
Commissioner Plummer: Here's another example.
Vice Mayor Regalado: Absolutely. You are right.
Mayor Carollo: Fine. Call the roll, Mr. Clerk.
Commissioner Plummer: It's a resolution, isn't it?
Mr. Walter J. Foeman (City Clerk): Vice Mayor Regalado.
Vice Mayor Regalado: No.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-627
A RESOLUTION ACCEPTING THE BID OF CONE CONSTRUCTION, INC., IN THE
PROPOSED AMOUNT OF $2,301.500.00, TOTAL BID OF THE PROPOSAL, FOR
THE PROJECT ENTITLED "DINNER KEY BOATYARD - MARINA DOCKS, H-
1088"; ALLOCATING FUNDS THEREFOR FROM PROJECT NOS. 418001 AND
418406, AS APPROPRIATED BY THE FISCAL YEAR 1995-96 CAPITAL
IMPROVEMENT ORDINANCE NO. 11337, AS AMENDED, IN THE AMOUNT OF
$2,401.500.00 TO COVER THE CONTRACT COST AND $361,765.00 TO COVER
THE ESTIMATED EXPENSES FOR AN ESTIMATED TOTAL COST OF
$2,663,265.00; AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID
FIRM.
184 September 9, 1997
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(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and adopted
by the following vote:
AYES Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Mayor Joe Carollo
NAYS: Vice Mayor Tomas Regalado
ABSENT: None
Commissioner Plummer: Go away and sin no more.
Mr. Jones: Mr. Mayor, one other thing in connection with this item. I understand Vice Mayor
Regalado or you raised a question earlier whether there might be a conflict of interest or with
one. I understand that one of the subcontractors is on a City board. What I have advised the
department because it is very clear from the City's limitations on employment contracts of board
members and the like. And, of course the State Statutes being broader, encompassing a broader,
and you have to look at each transaction on its face, I would urge you to get a... so that this
project not be challenged and validated, that I think Mr. Bunnell would need a four -fifths waiver
in this particular instance.
Commissioner Plummer: So moved.
Mayor Carollo: There is a motion...
Commissioner Plummer: Hello.
Mayor Carollo: ... there is a second.
Commissioner Plummer: Anybody else home?
Commissioner Gort: What's this again?
Mr. Jones: Apparently, one of our board members, what board is it? The Waterfront Board.
Commissioner Plummer: The Waterfront Board.
Mr. Jones: We have certain prohibitions on board members, employees, doing business with
one's agency and the like, OK. The State Statute is more encompassing and, of course, like I
said, out of an abundance of caution, I would urge you to pass a waiver so that no one can say
that this project can be challenged on that basis, that there might be a conflict of interest.
Commissioner Plummer: And, for the record, he is a subcontractor, not the prime contractor.
Mr. Jones: Well, I... Yeah, I understand that, Commissioner.
Mayor Carollo: Well, if I may interject the following suggestion. From now on, if we are going
to be advised that someone needs a waiver then it should be done before...
185 September 9, 1997
Commissioner Plummer: Prior to the vote.
Mayor Carollo: ... this Commission awards anything, not after. That is the appropriate legal
way of doing it, not after.
Mr. Jones: You are correct, Mayor. And, I apologize. But, it was just brought to my attention
and I thought that I should...
Vice Mayor Regalado: We were not advised. It was brought by Mr. Marin's letter.
Commissioner Plummer: Well, excuse me. My motion of approval is predicated on the City
Attorney not indicating to me in any way that he feels that it is a conflict of interest.
Mr. Jones: Well, I don't know that. I only raised it as a point for your consideration. That... I
mean, it was brought to my attention that this was the case. I only bring it to your attention...
As I said, it's up to you whether you want to. Perhaps, there is none. I don't know all of the
intricacies of it but I do know it raises the specter that there may be a violation, not perhaps of
the City's Code but there might be a violation of the State Statute.
Commissioner Plummer: Are you advising...?
Mr. Jones: But is waivable, is what I am saying.
Commissioner Plummer: Are you advising us to do it?
Mr. Jones: I am advising you, yes. That's what I said at the outset.
Commissioner Plummer: I move it.
Mayor Carollo: There is a motion that needs a four -fifths vote to waive any possible conflict.
Commissioner Plummer: It's not waiving a conflict.
Mayor Carollo: Well, waiving the requirement...
Commissioner Plummer: Right.
Mayor Carollo: ... for any possible conflict. There is a motion is there a second? Is there a
second? Going once, going twice. Do I hear a second?
Commissioner Plummer: OK, now the next question is, the first company that has been
suggested now has a subcontractor who can't work as a subcontractor, now what do we do and
go back and revisit the original bid? Hello, I am calling collect.
Mr. Jones: Well, I mean, the argument... Of course, the argument, you had a change in the ball
game.
Commissioner Plummer: Hello.
Mayor Carollo: That's a hell of a dilemma now.
Commissioner Plummer: Ah-ha. Absolutely.
186 September 9, 1997
Mayor Carollo: That's why I said what I stated.
Mr. Jones: Yeah.
Mayor Carollo: We should have dealt with one before the other.
Commissioner Plummer: Absolutely. Mr. Mayor, I wish to immediately make a motion to
reconsider item 52.
Mr. Rollason: Excuse me, Commissioner and Mayor.
Commissioner Plummer: No, no. Excuse me. I would like to reconsider. It don't mean we are
going to vote it up or down, but I want to get it in proper perspective.
Mayor Carollo: There is a motion for reconsideration.
Vice Mayor Regalado: Second.
Mayor Carollo: It's been made and properly second.
Mayor Carollo: Discussion.
Commissioner Plummer: No discussion.
Mayor Carollo: Well, we can have discussion.
Mr. Cruz: Then, I want to.
Commissioner Plummer: Oh, I am sorry. If you want to, discuss it.
Mayor Carollo: And, I do think that it is only appropriate to give Mr. Bunnell the opportunity to
address this Commission, Commissioner.
Commissioner Plummer: Mr. Mayor, he can do that after this motion. It's only for
reconsideration. It's not to approve up or down but I want to get it all.
Commissioner Gort: Oh, OK.
Mayor Carollo: I understand. Well, as chair, we have the right to let anyone speak. However, if
the...
Commissioner Plummer: You know how I feel. My motion was to do it.
Mayor Carollo: Well, I understand. I understand. I just want to be able to do everything as
appropriate and legally sound as I possibly can. I do have some serious concerns by the motion
that we approved before that now we are reconsidering.
Commissioner Plummer: Well, Mr. Mayor, you know, my... I feel a little foolish, to be honest
with you, to allow me to go and make a motion, to back the administration, to take what they
have in the face of other people who are standing here making all types of accusations, and now
after the fact, I am being told that there is a subcontractor who obviously, by no one seconding
the motion has a conflict of interest. And, I feel rather foolish that I have been allowed to travel
down that road and I would like to be able to retract, to keep, the self-respect I guess, is the
word. I mean, I have no problem with making the motion to keep this man, I have known him
187 September 9, 1997
all of my life. He is an honorable person. He and I have had disagreements in the past, but in
this particular case, unless somebody tells me and shows me an instance where he has a conflict
of interest by virtue of sitting on a board for the City of Miami, then I have no problem with
saying, let's give him the waiver. It's almost, you know, tantamount. I think there is another
issue here, that we have not discussed. And, that is, that anybody that serves on boards of the
City of Miami are barred forever of having any kind of business as subcontractors or things of
that nature, hey, it's wrong. To me, it's wrong.
Mayor Carollo: Well, I think that you have to take the City Attorney's words for what they
were. He wanted to be absolutely safe and take into consideration...
Commissioner Plummer: No, I have no problem with that.
Mayor Carollo: ... any possible State laws also.
Commissioner Plummer: I have no problem with that. If I had been told that prior to the vote on
52,1 would have not made the motion until that matter was resolved.
Mayor Carollo: OK. Well, what is the will of the Commission? We have a motion, we have a
second.
Commissioner Gort: The motion is to reconsider.
Commissioner Plummer: Reconsider, that's all.
Mayor Carollo: The motion is to reconsider.
Commissioner Plummer: And, we might vote it up, yet or vote it down. But, I want to get it off
the record.
Mayor Carollo: OK, Mr. City Attorney call the roll.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-628
A MOTION TO RECONSIDER PRIOR RESOLUTION 97-627 (BID ACCEPTANCE
OF CONE CONSTRUCTION, INC. IN AMOUNT OF $2,301,500 FOR "DINNER
KEY BOATYARD - MARINA DOCKS, H-1088").
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 Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
188 September 9, 1997
Mayor Carollo: OK, now we are back to reconsidering the motion. Mr. City Attorney, what are
the legal repercussions that we might have after we approve this, if now, we go back and
disapprove it?
Commissioner Plummer: I don't think there is any at all.
Mr. Jones: Well, I don't think the City, I mean, you would be acting, not only on legally sound
basis, but you will be acting properly given the information that you have. Again, I apologize
for not raising it earlier, but it was only brought to my attention. I think that the State Statute is
quite clear either in a direct, and of course, it says, a public officer. A public officer includes
board members and the like. The State Statute is clear that it not only deals with direct or
indirect relations but it also deals with any employee who holds an employment or contractual
relationship with any business entity which is doing business with the City of Miami in this case.
So, I think it would clearly fall within the ambit of discovery that would make it a conflict of
interest. However, it's clear under the Statute, assuming that it is a conflict of interest, you can
waive it with the four -fifths vote.
Commissioner Plummer: Now, somebody is going to ask the question, where are we? And, I
want to hear the answer.
Commissioner Gibson: I think we need to waive it prior to making the proposal to accept it. So,
I move that we waive.
Commissioner Plummer: Huh?
Commissioner Gibson: You want to waive it and then we will go back to the main motion.
What he said is, we should have done it...
Commissioner Plummer: I thought I made that motion without a second? But, I will...
Commissioner Gibson: Yeah, but you did it after the fact.
Commissioner Plummer: Oh, oh, that's...
Commissioner Gibson: Now, we are doing it before the fact.
Commissioner Plummer: Madam Commissioner, before or after, I second your motion.
Mayor Carollo: Well...
Commissioner Plummer: But, remember it takes four -fifths.
Mr. Jones: I mean, the... Keep in mind that the whole notion of the waiver is premise in this
particular instance for someone like, Mr. Bunnell, who served in an advisory capacity. So, that's
really why it's there.
Commissioner Gibson: OK.
Commissioner Plummer: I have... Mr. City Attorney, do you know of any reason? Mr. City
Attorney.
Mr. Jones: I am sorry, yes.
Commissioner Plummer: Do you know of any reason, to your knowledge, of where Mr. Bunnell
would be in a conflict of interest in this particular case?
189 September 9, 1997
Mr. Jones: Well, I know nothing more, Commissioner. And, what has been advised, that has
been given to me, that he has...
Mayor Carollo: Well, Mr. City Attorney...
Mr. Jones: Yes.
Mayor Carollo: ... you have stated for the record, clearly what you thought. J.L., make the
motion again to waive it.
Commissioner Plummer: No, she did it, and I second it. You know...
Mr. Jones: Well...
Commissioner Plummer: I am asking if anybody...
Mayor Carollo: OK, Commissioner Gibson, made the motion.
Mr. Jones: Hold on.
Commissioner Plummer: I second it.
Mayor Carollo: You second it.
Commissioner Plummer: Right.
Mayor Carollo: Let's bring it to a head.
Mr. Jones: Excuse me, Mr. Mayor. I was remissed in my duty to tell you one further thing.
Mayor Carollo: OK.
Mr. Jones: The waiver can only be done after duly advertised public hearing.
Mayor Carollo: The waiver can only be done after a duly advertised public hearing.
Commissioner Gibson: OK, so...
Commissioner Plummer: Incredible.
Commissioner Gort: Let me ask a question. I think we all would like to see this project take
place.
Commissioner Plummer: Absolutely.
Commissioner Gort: I don't think anybody wants to see this project being delayed, the people
that proposed and they won the proposal and so on. Is there any chance since you got to rebid
this, that we can get all these parties together and come up with some kind of solution?
Commissioner Plummer: Well, Willy, I think one of your problems is, the second bidder was
thrown out because he was not eligible as a subcontractor. It's the same thing we are talking
about here, that if you throw Mr. Bunnell out...
190 September 9, 1997
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Commissioner Gort: My understanding, what I am saying J.L., is...
Commissioner Plummer: ... he is ineligible to be a contractor.
Commissioner Gort: J.L., what I am saying is, that the two parties can get together, maybe they
can come up with some kind of agreement.
Commissioner Plummer: No.
Commissioner Gort: Because, now we have got to delay this and we are not going to get that
project done.
Mayor Carollo: Well, that's
Commissioner Plummer: Mr. Mayor, as you said, let's fish or cut bait. Let's see if we get the
waiver. But we can't, we can't.
Mayor Carollo: That's... But, hold on. Hold on. You cannot get the waiver. Not only that, you
can't get both parties together when you are still going to have the same problem for one party.
Commissioner Plummer: Not when it's competitive. You can't do it competitive.
Mayor Carollo: So, you have...
Mr. Rollason: No, Commissioner....
Vice Mayor Regalado: Mr. Mayor, if I may?
Mayor Carollo: No, hold on, Mr. Vice Mayor. There are two choices that we have.
Commissioner Plummer: Both are bad.
Mayor Carollo: One, we throw the bids out and we start from scratch. I don't know how much
this is going to hurt this process. The administration is going to have to tell me and guide me.
Or two, we will readvertise, as the City Attorney now informed us of the potential conflict before
we vote on it. And, right after it's duly advertised, I will call a special meeting and we deal with
that and anything else we might have to deal with at that time.
Commissioner Plummer: Well, Mr. Mayor, I am not going to vote in any way, shape or form to
throw out the bids. To put that FEMA money in jeopardy.
Mayor Carollo: Well, this is what I need to know from the administration.
Commissioner Plummer: I am going to exhaust every other process first. And, what I am saying
to you is, my particular choice in case, let's go ahead; let's advertise; we will bring it back on the
23rd. It's going to delay it two weeks, but it's got to happen. It's no other way we can do it.
And, we will vote on it on the 23rd and hopefully we will be in flying colors. That's my vote.
Mayor Carollo: Can, the administration live with coming back on the 23rd?
Mr. Edward Marquez (City Manager): Yes, as opposed to throwing out the bids, absolutely.
Commissioner Plummer: Of course, of course.
191 September 9, 1997
Vice Mayor Regalado: Can we get written information from FEMA saying that if we delay this
process, we will not get the money?
Commissioner Plummer: I don't think two weeks is going to make a difference.
Vice Mayor Regalado: No, no, no. I am talking not about two weeks. I am talking about the
other alternative.
Mr. Rollason: I would rather not ask the question.
Commissioner Plummer: Yeah, your are right.
Mr. Rollason: We are talking about two weeks, I would rather go through the process, tell them
that we had a snag on a procedural issue and it's coming on the 23rd.
Vice Mayor Regalado: No, sir. No, sir. We are acting here because you said that if we do not
act, we will lose the FEMA money.
Mr. Rollason: I said, I am fearful of that.
Vice Mayor Regalado: Can you say, on the record, that this is the case? That if we don't act, if
we throw away the bid, we lose the money.
Mr. Rollason: No, I wouldn't say that.
Vice Mayor Regalado: Well...
Mr. Rollason: What I am fearful of is, that it will be deobligated. It is what they are doing in the
County. It's what they are doing throughout Southeast Florida and they are at the end. FEMA
has come with some special arbitrators that are in place now, out of the Disaster Field Office that
we have been meeting with and the Deputy Chief of Staff to the Director, Mr. Whitt; (phonetic)
has been given the authority to sit with us and negotiate items to settle them out. We sat with
him after a stalemate for almost two years to pick up the additional nine hundred thousand
dollars ($900,000) for Merrill Stevens. He gave that to us, we told him it was scheduled for this
Commission meeting and that we were fairly confident that we would move forward. We have a
snag, that I feel has come to light, that we weren't aware of at the time it was scheduled to come
to you and my position would be is that I would let it set. We would reschedule it for the two
weeks and if I hear something from the FEMA people, I will say yes, it was discussed, there is a
problem. It's coming back on the 23rd and it's going to be voted on, please give me the
additional time. If I ask the question in writing, we may not like the answer that we get, and I
would rather not ask.
Mr. Marquez: Mr. Vice Mayor, in addition, that's the FEMA, that's the funding concerns that
we have. There is also a timing concern. We have, we are in negotiations right now with Grove
Harbor for operation on the site. This is a project that needs to be up and running as a
component of that. If we go ahead and rebid, we are talking between a two and three month
process which will very well delay the operations and that whole process.
Mayor Carollo: Over three months. It will be at least four or five.
Mr. Marquez: Given the history of this...
Vice Mayor Regalado: I...
192 September 9, 1997
Mr. Marquez: ... we opted for the delay for two weeks.
Vice Mayor Regalado: I agree, I understand. But, the problem is, that I think that we are voting
here or we are acting here, first based on the information by the City Attorney and then like
Chief Rollason said, well, if we don't do it we are going to lose the money.
Mr. Marquez: It's several...
Vice Mayor Regalado: You will say that, too.
Mr. Marquez: It's several concerns. There is a possibility that we will have complications in the
funding of the money.
Vice Mayor Regalado: You don't have any other concerns about ethics or conflict of interest?
Mr. Marquez: The concerns for a conflict of interest, if any, if there is any possibility, that can
be waived by a four -fifths vote after we publicly announce it.
Commissioner Plummer: You know, I am sorry. But, I keep asking the question, does
anybody...
Mr. Marquez: We do not know of any.
Commissioner Plummer: ... know of a conflict of interest existing with Mr. Bunnell.
Mr. Marquez: The administration does not know of any.
Commissioner Plummer: That's my question that I keep asking. Thank you.
Mr. Jack Luft (Director/Planning and Development): This item was never brought to the
Waterfront Board. He never even heard it or had a chance to vote on it.
Commissioner Plummer: That's not the point.
Mr. Luft: I understand.
Commissioner Plummer: He's still on the Waterfront Board.
Commissioner Plummer: Mr. Mayor, I mean, there is nothing else further to do, except go ahead
and let's proceed with getting the advertising, if that's what this Commission wants to do.
Mayor Carollo: Make a motion.
Commissioner Plummer: I'll make a motion that the administration be instructed to advertise as
required by the City Attorney for the potential waiver of Mr. Bunnell to be a subcontractor in
this thing. I'll move it.
Mayor Carollo: There is a motion. Is there a second?
Commissioner Gibson: Second.
Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gibson. Call the roll, please.
193 September 9, 1997
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-629
A MOTION INSTRUCTING THE ADMINISTRATION TO ADVERTISE AND
SCHEDULE A PUBLIC HEARING FOR SEPTEMBER 23, 1997 IN CONNECTION
WITH WAIVER OF CONFLICT OF INTEREST PROHIBITION CONTAINED IN
CITY CODE SECTION 2-612 AS IT APPLIES TO RICHARD BUNNELL, A
MEMBER OF THE CITY OF MIAMI WATERFRONT ADVISORY BOARD AND
ALSO PRESIDENT OF BUNNELL FOUNDATION, INC., A SUBCONTRACTOR TO
CONE CONSTRUCTORS, INC., ON PROPOSED CONTRACT WITH THE CITY
FOR DINNER KEY BOATYARD - MARINA DOCKS PROJECT.
Upon being seconded by Commissioner Gibson, the motion was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
---------------------------------------- -----------------------------------------------------------------------
67. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 53
COOMMISSION DISCUSSION CONCERNING ORDINANCE DEALING
WITH CHAIN LINK FENCES ON BISCAYNE BLVD.).
Mayor Carollo: OK.
Commissioner Plummer: Item 53.
Mayor Carollo: Item 53, as per Commissioner Gort's request. Discussion concerning the
ordinance dealing with chain linked fences on Biscayne Boulevard.
Commissioner Plummer: Mr. Gort, this is your item. Fifty-three.
Ms. Lourdes Slazyk (Asst. Director/Land Dev. & GIS): On item 53, this was a request by
Commissioner Gort to consider possibly extending the SD-9 district down on Biscayne
Boulevard regarding the chain linked fences. What the Planning Department would like to do is
take a look at all the other implications of that because there is a list of prohibited uses in SD-9,
see what we would make nonconforming and then come back.
Mayor Carollo: OK, all right. If you could bring that back, then.
Commissioner Plummer: Get, Mr. Gort out of my district.
194 September 9, 1997
Commissioner Gort: This came out of a meeting that we had at the Edgewater. One of the
individuals...
Commissioner Plummer: Yeah.
Commissioner Gort: ... brought it up that north of 36th Street this type of fence would not be
allowed. But, yet, south of 36th Street, it was. And, they would like to know why?
Mayor Carollo: OK, we have approximately two hours left and we need to start to move on a
faster paste.
Commissioner Plummer: We will be out of here in a half hour.
Ms. Slazyk: Yeah, this would need an atlas.
Mayor Carollo: So, we... If you could come back to this Commission with your
recommendations, we would appreciate it. Thank you.
Ms. Slazyk: OK.
Mayor Carollo: Thank you.
END OF DISCUSSION -- NO ACTION TAKEN
Mayor Carollo: Fifty-four. Commissioner Gort, one of yours also.
Commissioner Gort: This is... You have information. My understanding is, the individuals are
not here, so...
Mayor Carollo: OK.
NOTE FOR THE RECORD: At this time, agenda item 54, was
called for discussion and the record was marked to reflect no
appearance by interested parties at that time.
----------------------------------------------------------------------------------------------------------------
68. COMMISSION DISCUSSION REGARDING PURCHASING PRACTICES OF
CITY AND NEED TO BE MORE BUSINESS FRIENDLY.
Mayor Carollo: OK, we go to 55. Vice Mayor Regalado, this is one of yours.
Vice Mayor Regalado: Yes, Mr. Mayor, members of the Commission, I have brought this issue
because I think that, as we all know, the City of Miami has reached bottom and it's coming up.
The City of Miami has in the past taken several actions that were not too popular. Actions that
hurt the vendors of the City of Miami, the business community of the City of Miami and also
part of the population. Now, the City of Miami has been blessed by a majority vote of its
citizens. People believe in the City of Miami. Also, the business community that do business in
195 September 9, 1997
the City of Miami believe in the City of Miami because even though we have approved fire fees
and inspection fees and other fees, they still are in Miami. They want to do business in Miami.
In the past five months, the City of Miami has raised salaries to its employees at the tune of
fourteen thousand dollars ($14,000) a week. We are... We raised the amount of money paid by
hour to several hundred employees. Maybe, cents in one case, dollars in other cases. But, it
means that we take care of our own. Employees are family, so we have to take care of them.
We are paying now fourteen thousand dollars ($14,000) more to the City employees each week
than we were five months ago. So, I think it's about time that this City also takes care of its
own, our local vendors. I have received several letters and I am sure that a lot of the members of
the Commission have also received from local vendors who say that they want to do business in
the City of Miami. Local vendors have said that they want to stay in the City of Miami. Local
vendors have said that they do love the City of Miami but, that it is very difficult for them, the
process, to participate in the bidding, the different bidding process in the City of Miami because
they are small. And, because big companies, we just saw one case here from Tampa or from
West Palm Beach or from Detroit or from Ft. Lauderdale have the edge. So, this is why I am
asking this Commission, and I know that this has been an issue that has been raised by
Commissioner Plummer, many, many, many times. And, by all the members of this board. I am
sure that all of the members of this Commission agree that we have to do something for our
people, for the vendors, for the business community in the City of Miami. So, I appeal to this
board to give them an edge, a five percent edge. Yes, it would cost money, but we can tell these
people that if they have faith in us, if they believe in the City of Miami, we too are taking a step
to help them in their will to stay in the City of Miami. Yes, it's going to cost more money in the
budget but as we pay fourteen thousand dollars ($14,000) a week more because employees are
family, the business community in the City of Miami is also family. Yes, it's going to cost
money when we are talking about a two million dollar ($2,000,000) contract. The difference is
going to be several thousands of dollars. But, then, we can say to these people, you are local, we
are giving you an edge but you have to also take care of the people of Miami. So, we should
demand from these companies that if they hire people for a specific project in the City of -Miami,
these people, if they are not supposed to be high skilled workers should come from the City of
Miami. And, the City should supervise the hiring process. They should go to Model City and to
Little Havana. To Flagami and to the Grove. To the different areas of the City of Miami and
hire people. This is a poor City. And, we need to help the business but the business also need to
help the unemployed in the City of Miami. So...
Mayor Carollo: Mr. Manager, isn't this exactly part of what we are expecting to get information
on from the Blue Ribbon panel that I chose and this Commission and panel?
Mr. Edward Marquez (City Manager): Well, the Blue Ribbon panel is looking at a number of
items of which strategic planning which is what... This feeds into a strategic planning process.
Well, what we should be requiring, what type of incentives we should be offering to the business
community to bring them into the City? This is a complexed issue. If the City Commission
were to decide or want information as to what a five percent incentive would be on procurement,
as administration we should go back and figure that out and present the cost information up to
the City Commission. There is -any number of incentives that we can offer. We can offer tax
incentives. We can offer procurement incentives, but it's a balancing act. What I would suggest,
Mr. Mayor, is that perhaps that we have, that you name a Commissioner to head up a committee
to work with the administration to review options to bring back to the Commission for its
consideration in this regard.
Mayor Carollo: Well, what I think, it will be best before we do that, is to have you start
preparing a variety of different options so that when the Blue Ribbon panel gives you their final
recommendations and I think they are coming towards the end of the month, then you could have
in hand a full response to this Commission and then we can take the next step that you
suggested.
196 September 9, 1997
Commissioner Plummer: Well, Mr. Mayor.
Commissioner Gort: Mr. Mayor.
Vice Mayor Regalado: I don't know if this is a balancing act. I think that this is a businesslike
act. And, this is a human act. I don't know, Mr. Manager, you know, what options we are going
to receive from you, but I think it's important that we send a clear message. You are doing
business in the City of Miami, you believe in the City of Miami, we are going to help you.
Mr. Marquez: I don't disagree with you at all, Mr. Vice Mayor. There is just different ways that
we can approach it and we need time to offer the options back to the Commission.
Commissioner Gort: Mr. Mayor, in talking to all the business people in the City of Miami and
trying to get them to do business, there were two things that take them back. One, that
sometimes the specifications are set out for certain type of specification, there are only certain
type of people or certain type of industry can answer it. I think we should have that checked by
the private industry also. See what is the minimum specification that we can have. And, number
two, is the method of payments. I mean, we got to face it, a lot of the small businesses that we
have in the City of Miami cannot hold payments for three months.
Mayor Carollo: Or six months.
Commissioner Gort: Or six months, like is taking place. I think if you look at those
considerations we might be able to get more local businesses within the City of Miami to do
more business with the City of Miami.
Mayor Carollo: Absolutely.
Commissioner Gort: I have talked to people that could work. In our department, I try to work
with them to give them the application, to sit with them. Then they tell them, I cannot do it,
because I cannot hold, I have got to pay my people. I cannot hold payments for six months. I
am not being paid for six months, four months.
Mr. Marquez: We can come up with a small business minority prompt payment act for the City
itself to alleviate that particular concern.
Commissioner Plummer: Yeah, let me tell you my opinion. I drove up today in the area of 20th
Street Miami Avenue to 36th Street in that general area. Mr. Marquez, sir, you can't wait. We
are losing businesses daily, that cannot survive. And, I want to tell you, my heart bled this
afternoon, when I rode from 20th Street to 36th Street to see the empty and vacated stores that
are turning into crack houses. So, it's nice to think that we are going to bring people in, and we
want to do that. But, you better start thinking about ways to keep people who are here, here.
Because, they are having to leave.
Mayor Carollo: Well, Commissioner, what you are not stating is, that most of those places you
see empty there, happened not this year, happened in the decade (phonetic) in the past. Before
the majority...
Commissioner Plummer: Well, you... Some of them, maybe.
Mayor Carollo: No, no. Before the majority of us came here.
Commissioner Plummer: Well, Mr. Mayor...
197 September 9, 1997
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Mayor Carollo: For instance, the area that you are mentioning now...
Commissioner Plummer: Yeah.
Mayor Carollo: We lost in the... between '88 approximately, and '94, we lost approximately
40,000 jobs in that area that left the City.
Commissioner Plummer: Mr. Mayor, you got people....
Mayor Carollo: So, what you are seeing that's empty has been empty for quite some time.
Maybe, you are just noticing it now.
Commissioner Plummer: You got people there today who are talking about leaving that are still
there. And, I will give you a prime example. Bill Seidle at 36th Street and 27th Avenue is being
entertained to move out to the Palmetto Expressway, OK. And, he is seriously wearing at that
right now.
Mayor Carollo: But, see, these are the things that...
Commissioner Plummer: These are the things that we have got to do to make sure this man stays
there.
Mayor Carollo: You better believe it. And, make Miami business friendly.
Commissioner Plummer: Absolutely.
Mayor Carollo: Not what has happened in the past, that we are practically forcing some people
to leave the City. And, the Manager and I have had discussions on that. He recently saw a
prime example of it, of a business that has over 300 employees, within the next 18 months, they
will go over 400 employees. And, this is a prime example that I gave him of the kind of things
that are going on. So, that's what, you know...
Commissioner Plummer: Bill Seidle is 280.
Mayor Carollo: Yeah. We will go forward so much more if we concentrate on having a joint
effort in keeping the business that we have...
Commissioner Plummer: Absolutely.
Mayor Carollo: ... by making Miami business friendly. And, at the same time, we will be able
to bring so many more new business if they know that the process that they have to follow is an
easy one that has some ground rules that everybody can understand.
Commissioner Gort: Mr. Mayor, this is where we need the coordination with the other
jurisdiction. Because one of the biggest problems that Bill Seidle has is on the County side. It
sits there, because I have been there a couple of times and we have been with our NET
(Neighborhood Enhancement Teams) and our officers there, trying to help. But, the major
problem is on the Metro side and we need to coordinate that with those people.
Commissioner Plummer: Well, the problem really is, his bottom line is, he can't successfully do
business without hiring more security guards than salesmen.
Commissioner Gort: Right, right.
198 September 9, 1997
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is
Mayor Carollo: Well...
Vice Mayor Regalado: I... Point in case about being friendly to the business people. There are
two businessmen that work everyday that work everyday, very hard in Watson Island. We
understand that there have been four or five boats that have left Watson Island because of the
problems that we had. I know that Watson Island, it's part of our huge plans to bring important
things to the City. But, meanwhile, there are workers, there are families that need to make their
living and it's becoming very difficult. I have gone to Watson Island and in fact, every time,
every time that I have a complaint, I go there. And, I am very proud that I have gone to many
places. I know what's going on in Watson Island and I wish that Christina Abrams will tell us,
what can we do to be business friendly? What can we do to help these people that only... They
want to make a living. Twelve families, I understand that live off that business from him...
Commissioner Plummer: The first thing we can do is eliminate the junkyard.
Vice Mayor Regalado: I think his father just took his boat and he is staying there selling fish.
But, the problem is, that to find the place... First of all, the State of Florida says that they cannot
erect a sign to advertise. Well, they are willing to pay for the sign and I don't know why we or
the State or the County or the nation or the world, or United Nations, don't let them put the signs
there. The grass has to be cut, I don't know why we don't do it or tell them to do it. I think that
they are willing to do some things there but I don't know why we have this problem, this war
among ourselves.
Mayor Carollo: Look, Commissioner, if I may suggest this. These are the kind of items that you
should meet with staff, have them make a plan of action and if it needsto be brought before the
Commission for approval, then so be it and we decide. But, we are not going to be
accomplishing much by discussing something here that should be done outside of the
Commission meetings because we are not prepared to take action, so...
Vice Mayor Regalado: Well...
Mayor Carollo: These are items that really can't be taking up 30, 40 minutes on these items.
Because, if not, we will never end the meetings. What I would like to suggest is, that you give
instructions from here with all our backing to Christina Abrams with the concerns that you have
there and if she cannot come up with a plan that will resolve those concerns, then let's then bring
it before the Commission where she can present the pros and cons like you can.
Vice Mayor Regalado: I don't have any problem with that, Mr. Mayor. But, it was just an
example as the need to take care of our own. It's part of the discussion item. I still think that we
should proceed as fast as we can to help people in the City of Miami, businesses. Be that of a
fishing boat or of a factory or of a tire store. I still think that we need to take care of our own.
We are not doing that. And, if you try to convince me, take me there. If you take me tomorrow
morning, I'll be at seven o'clock in Watson Island. If you say to me we are going to do this for
these people, I'll be there.
Mr. Marquez: Mr. Vice Mayor, Christina will arrange a meeting between yourself, myself and
herself ASAP (As soon as possible) so that we can start the process of coming up with a plan of
action.
Commissioner Plummer: How about the first thing you do is, eliminate the junkyard. That's
still... I was over there this afternoon...
Vice Mayor Regalado: That's part of the problem.
199 September 9, 1997
Commissioner Plummer: ... it's still a mammoth junkyard.
Mayor Carollo: Right.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
69. COMMISSION DISCUSSION REGARDING TRASH AND GARBAGE
REMOVAL SCHEDULES AND SERVICES IN CITY -- FURTHER DISCUSS
NEED TO PUBLICIZE RELATED INFORMATION.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Let's go to 56, gentlemen. Vice Mayor.
Vice Mayor Regalado: Yes, sir.
Mayor Carollo: Fifty-six.
Vice Mayor Regalado: Only, I know that we have little time. But, I think it's important that the
public knows. When are we going to start the whole emergency cleanup operation in the City of
Miami? That is, the sidewalk cleaning in downtown, Little Havana, Allapattah, Coral Way,
Coconut Grave and in full force, the sweepers.
Mr. Ron Williams (Interim Director/Solid Waste): OK. Mr. Vice Mayor, we have started the
sweeping effort in most of those neighborhoods and the major cleanup.
Vice Mayor Regalado: Yeah.
Mr. Williams: The piece that we will start on September 15th, is our strike date, is the pressure
cleaning of sidewalks, bus benches, garbage containers, etcetera. We have had a delay, a
tremendous delay getting those pressure cleaners in. I am confirmed to get the men on the 11th,
we need to do a bit of training which we have scheduled for the 12th. And, we... At this point, I
see no. reason that we wouldn't be going full force with that by the 15th.
Vice Mayor Regalado: OK. The other question. Are we, or can we guarantee that we are on
time on the trash pickup?
Mr. Williams: You mean continuously or...?
Vice Mayor Regalado: Yeah, continuously.
Mr. Williams: We cannot absolutely guarantee you, Mr. Vice Mayor, that we will have it, you
know, within the hour each week. I can assure you that you won't hear some of the old stories of
they haven't picked up my trash in two weeks. They haven't picked up my trash in three weeks.
If there is a delay, certainly we will let your offices know, and it will be a matter of hours and
days as compared to the old issue of weeks.
Mayor Carollo: Well, this is what I hear every time, Mr. Williams. But, it's not what people are
telling me in different parts of the City. But, you know, I am tired of hearing the same old, you
know, song.
200 September 9, 1997
Mr. Williams: Well, Mr. Mayor, we are on schedule. We have been off schedule, as you well
know. You and I have discussed it many times. And, certainly, we slip off schedule. I think
that's part of the reason, in addition to cost savings, that this Commission agreed with our
recommendation to shift the frequency.
Mayor Carollo: Ron, look, you know, I don't want to get into now.
Mr. Williams: OK.
Mayor Carollo: And, there is no sense in getting into it now. But, we are not on schedule as you
are telling me. Not from what I am hearing from neighbors in different areas. And, part of the
reason besides some others that things are as bad as they are, you don't even have routes to know
that you could give us to see, you know, who is going where, what are the routes that people
have. You have people that are given sweetheart routes that in two hours they are done work.
Then you got others that are killing themselves working eight hours under the hot sun. So, that's
just a few of the problems why we have the situation in Solid Waste that we have. But, unless
the Vice Mayor or any other member of the Commission has any other questions or statements to
make, you know, I really don't want to get into it now.
Commissioner Gort: I have one question.
Mr. Williams: Well, OK. I am sorry. Go ahead Mister...
Commissioner Gort: And, you need to explain this to me. You have a truck that comes in to this
one block.
Mr. Williams: Uh-huh.
Commissioner Gort: Picks the east side but not the west side. Then they go back and then they
come back and pick up the west side. Is there any reason behind that?
Mr. Williams: Yeah, because of the turning kind of arrangement that an operator works from,
particularly on the cranes. They would like to go up a block and...
Commissioner Gort: No, I am sorry. It's not the trash, I am talking about the garbage.
Mr. Williams: Oh, on that garbage?
Commissioner Gort: On the garbage.
Mr. Williams: There is no magic to that, Commissioner. I mean, we, you know, there may be a
situation where we have got strength on one side versus the other side. But, clearly they know
what's required on both sides and they get. And, that service is always on schedule. Mr. Mayor,
I would like to discuss that route with you at some other time. Certainly, I am available to go
over that with you in detail as needed.
Commissioner Gort: Also, I think on of the biggest problem is the lack of education. What are
we doing? And, not only you but in the NETs (Neighborhood Enhancement Teams) of
educating people on the days of the collection and when they should be out. I mean, we need to
continue to do that constantly. Because, I have seen times you go by, you pick up, and then right
afterwards they come out and throw it away again.
Mr. Williams: That's an inspection issue, Commissioner, that we are addressing and it's an
ongoing one. The code says 24 hours in advance of pickup and, often, as you just gave an
example of that does not happen.
201 September 9, 1997
Vice Mayor Regalado: I don't have any other questions, Mr. Mayor.
Commissioner Plummer: You know the new Publix over on Coral Way? This afternoon when I
was coming back to City Hall, two guys in a pickup truck in that big empty lot, just throwing
stuff out of the back of that pickup truck faster... And, boy, when they saw me, they jumped in
that... I don't know why when they saw me, but they jumped in that pickup truck and left half
the stuff in the back of the truck.
Mayor Carollo: Yeah. And, what did you do Plummer? What did you do?
Commissioner Plummer: What are you going to do? What are you going to do, shoot them?
Mayor Carollo: No, but what did you do?
Commissioner Plummer: I mean, you would like to.
Mayor Carollo: But, what did you do?
Commissioner Plummer: I said, Tally ho. Whatelse, am I going to tell them?
Mayor Carollo: That's the problem.
Commissioner Gort: Take the license number.
Commissioner Plummer: You try to catch a red pickup truck at 90 miles an hour?
Mr. A. Quinn Jones, III, Esq. (City Attorney): You tried it once.
Commissioner Plummer: I tried it once. I learned my lesson.
Mayor Carollo: Yeah, and we paid for it, too.
Commissioner Plummer: You are damn right. Not because of me. Let's move on.
END OF DISCUSSION -- NO ACTION TAKEN
202 September 9, 1997
----------------------------------------------------------------------------------------------------------------
70. (A) REAFFIRM CITY'S POSITION TO RECOGNIZE CRITICAL NEED
FOR HOUSING FOR LOW INCOME PERSONS WITH HIV / AIDS --
FURTHER DIRECT CITY MANAGER TO EXPEDITE DELIVERY
OF HOPWA ASSISTANCE.
(B) APPROVE FUNDING ALLOCATION OF $1,215,478 FROM
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA)
PROGRAM GRANT FUNDS TO METROPOLITAN DADE COUNTY
HUMAN RESOURCES DEPARTMENT OFFICE OF COMMUNITY
SERVICES (OCS) -- FOR SHORT TERM HOUSING ASSISTANCE
TO LOW INCOME PERSONS WITH AIDS.
(C) APPOINT GENE SUAREZ / FRANKLIN ZAVALA-VELEZ / FRANK
CASTANEDA / MARY FRANCES WELDON TO HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA)
ADVISORY BOARD.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: We are on item 57.
Commissioner Gibson: If the HOPWA (Housing Opportunities for People with Aids)...
Mayor Carollo: Yes.
Commissioner Gibson: ... staff will come...
Commissioner Plummer: What's the discussion here? I thought we took care of that today.
Commissioner Gibson: We just need a few cleanup items here.
Mayor Carollo: Yeah, a few cleanup items.
Mr. Elbert Waters (Interim Director/Community Development): Yes, Mr. Mayor, members of
the Commission. Item 57, there are four sub -items, topics dealing with this item. The first one,
number one, the administration is recommending that the City Commission reaffirm its
commitment to handling the HOPWA program, Housing Opportunities for People with Aids,
and dedicating its service to continue to provide the needs of those individuals impacted by the
disease. There is a resolution attached in your package and the administration recommends that
affirmation. This request for the affirmation basically comes from a report that stems from a
planning committee that addressed the issue of the Aids Program and here again, the
administration is recommending that reaffirmation.
Commissioner Plummer: What do you want? You want us to make a motion reaffirming that
we are going to take the money and give it to them? Is that not the same thing as saying that we
have reaffirmed this City's position?
Mr. Waters: That's...
Commissioner Plummer: You want that in the form of a motion?
Mr. Waters: Yes, sir.
203 September 9, 1997
Commissioner Gibson: Yes, yes.
Commissioner Plummer: So moved.
Commissioner Gibson: Second.
Mayor Carollo: There is a motion, there is a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-630
A RESOLUTION OF THE MIAMI CITY COMMISSION REAFFIRMING THAT THE
CITY OF MIAMI RECOGNIZES THE CRITICAL NEED FOR HOUSING OF LOW
INCOME PERSONS WITH HIV/AIDS THROUGHOUT ALL OF DADE COUNTY
AND HEREBY RECOMMITS TO SERVING THEIR NEEDS THROUGH THE
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM;
FURTHER, DIRECTING THE CITY MANAGER TO TAKE ALL NECESSARY
STEPS TO EXPEDITE THE DELIVERY OF HOPWA ASSISTANCE TO THOSE IN
NEED. TO THE EXTENT PERMITTED BY THE HOPWA PROGRAM.
Cle k )follows body of resolution, omitted here and on file in the Office of the City
Upon being seconded by Commissioner Gibson, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mr. Waters: Part two of... If I may?
Mayor Carollo: I am sorry, go ahead.
Mr. Waters: Part two of the recommendation is the administration is recommending through the
support of the HOPWA board to allocate approximately one point three million dollars
($1,300,000) which total one point two plus ninety-eight thousand dollars ($98,000) of HOPWA
204 September 9, 1997
funds to provide... for those funds to be provided for short term housing assistance to the
Metropolitan Dade County Department of Human Resources, Office of Community Services.
That entity is an entity that has the wherewithal and capability to assist us in implementing that
program. And, administration so recommends its approval.
Commissioner Plummer: So moved.
Commissioner Gibson: Second.
Mayor Carollo: There is a motion, there is a second. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-631
A RESOLUTION ALLOCATING $1,215,476.00 FROM FISCAL YEAR 1997
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM
GRANT FUNDS (ACCOUNT NO. 194005.590605.6860.94654), TO
METROPOLITAN DADE COUNTY, DEPARTMENT OF HUMAN RESOURCES,
OFFICE OF COMMUNITY SERVICES (OCS), FOR THE PROVISION OF SHORT
TERM HOUSING ASSISTANCE TO VERY LOW INCOME PERSONS WITH AIDS;
FURTHER, REALLOCATING UNCOMMITTED AND UNEXPENDED HOPWA
PROGRAM FUNDS, IN THE AMOUNTS OF: $97,373.69 FROM THE 1995 HOPWA
PROGRAM (ACCOUNT NO. 194003.590603.5860.94654), $898.61 FROM THE 1994
HOPWA PROGRAM (ACCOUNT NO. 194002.590602.6860.94654), AND $197.61
FROM THE 1993 HOPWA PROGRAM (ACCOUNT NO. 194001.590601.6860.94654);
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
METROPOLITAN DADE COUNTY, DEPARTMENT OF HUMAN RESOURCES,
OCS. TO EFFECT SAID TRANSACTIONS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gibson, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Commissioner Plummer: Before you go any further, let me ask a question. You know my
greatest concern? You remember a little thing around here called CETA (Comprehensice
Employment and Training Act). It was great, as long as the money was coming down the pike.
But, let me tell you, what happens next year, if the federal government does a 180, on this
particular issue, are those people going to be looking to us for the money which we don't have?
205 September 9, 1997
E
Mr. Waters: We would not be able to assist in that regard, Commissioner Plummer.
Commissioner Plummer: But, I... You know...
Mr. Waters: However, in terms of... The disease has impacted the entire nation, as you well
know. The City of...
Commissioner Plummer: Welfare has, also.
Mr. Waters: Yes, sir. And, also within the Metropolitan Dade County, specifically the City of
Miami, we have one of the highest incidences of that type of disease affecting those individuals.
Commissioner Plummer: You don't need to tell me that, I can tell,you, all right.
Mr. Waters: I understand.
Commissioner Plummer: The point I am trying to make, I hope that you make it very clearly
understood, that these are being provided as long as we have the funds.
Mr. Waters: Yes, sir. The other... If I may, Mr. Mayor? The other point of business is to
request that the Commission make the appropriate appointments to the HOPWA Board and also
the HOPWA RFP (Request for Proposal) Committee.
Mayor Carollo: I have one final appointment to make. And, I will name Gene Suarez to that
board.
Commissioner Plummer: Is he related to Sterns?
Mayor Carollo: No, he is not related to Sterns nor to that other Suarez. He is one of the good
Suarez'.
Mr. Waters: Mr. Mayor, also, there is another category, another individual within that same
category who is an incumbent. And, if I may proffer that person's name to also be appointed.
The individual's name is Mr. Franklin Zavala-Velez
Mayor Carollo: OK.
Commissioner Gibson: He is hard of hearing. He is hearing impaired.
Mr. Waters: He is hearing impaired.
Commissioner Plummer: Are there any Blacks on that board?
Commissioner Gibson: Yes.
Mayor Carollo: Yes.
Mr. Waters: Yes, sir.
Commissioner Plummer: And are there any females on that board?
Commissioner Gibson: Yes.
206 September 9, 1997
Mayor Carollo: Yes.
Mr. Waters: Yes, sir.
Vice Mayor Regalado: I have an appointment for the board. I wish to appoint Ms. Cheryl Patel.
Mr. Waters: Vice Mayor Regalado, we accept that appointment. That appointment is for the
category which is for the RFP Review Committee.
Vice Mayor Regalado: Right.
Mr. Waters: Your staff so provided that information.
Vice Mayor Regalado: Right. OK. Well...
Mr. Waters: Commissioner Gibson, if I may? Under the same category HOPWA RFP Review
Committee, the appointment that's needed there is your appointment. And, if you would proffer
that name.
Commissioner Gibson: Oh, David Alexander.
Mr. Waters: That's right. In addition to that, there is Commissioner Plummer, and as we
discussed, there is the City of Miami employee and a City of Miami appointee who has proffered
the name of Mr. Frank Casteneda and we so record it.
Commissioner Plummer: That's fine.
Mayor Carollo: Fine.
Commissioner Plummer: I move that all the names that have been proffered be accepted and
approved.
Commissioner Gort: Second.
Mayor Carollo: There is a motion. There is second by Commissioner Gort.
Mr. Waters: There is... Excuse me, Mr. Mayor, one other name which is the alternate, the name
that has been proffered is Ms. Mary Francis Weldon, as the alternate.
Mayor Carollo: That will be included, then.
Mr. Waters: Yes, sir. Thank you, very much.
Mayor Carollo: OK, all in favor signify by saying -"aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
207 September 9, 1997
E
r�]
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-632
A RESOLUTION (Pending the Law Department.)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
71. DISCUSSION REGARDING PROPOSED SALE OF PORTION OF FEC
PROPERTY TO METRO-DADE COUNTY.
Mayor Carollo: We will now go to item 58, in 30 seconds. Discussion concerning the proposed
sale of a portion of the FEC property to Metro Dade County, that could be called soon, Miami -
Metro Dade County or Miami -Dade County or...
Commissioner Plummer: What? The hell you say. What, is Gene Sterns back at it again?
Mayor Carollo: Now, now, now, Commissioner.
Commissioner Plummer: What are you...? Mr. Mayor, what are we expected to do on this
issue?
208 September 9, 1997
Mayor Carollo: Nothing at all, Commissioner. They are working on the final wording of the
contract. You all have the proposed agreement that Mayor Penelas and I signed. It's only a
proposed agreement, of course, a contract has to be done to come back to this body for its
approval and it's still being worked on.
Commissioner Plummer: Let me, if I may? The two areas, Mr. Manager, that I am concerned
about. In the 50 percent of reasonable cost if incurred by a lawsuit, are you listening?
Mr. A. Quinn Jones, III, Esq. (City Attorney): Yes, sir.
Commissioner Plummer: I am very much more concerned about if there is an award. If we lose
the lawsuit, that I am not going to stand still that we are going to pay a red dime. Now, that's my
one opinion, OK? But, you are not even speaking to an award. You are only speaking to the
cost factor of legal representation. My other...
Mayor Carollo: Well, that's correct.
Commissioner Plummer: My other area of concern, I understand has been changed but I want to
make sure that not only off -duty will it be City of Miami Police and Fire but at all times it will
be City of Miami Police and Fire.
Mayor Carollo: That's in the agreement. Not only the City of Miami Police and Fire but City of
Miami Police and Fire and everything else.
Commissioner Plummer:. OK, well... Mr. Mayor, I am reading from the document which was
supplied to me. You know, I just want to go very quickly on the record. And, I am somewhat
disappointed in the fact that this thing started out, and I am very, very concerned that this was to
be the expansion of the port. Never, at the time, was there any talk of an arena. Yet, we know
that there are nine new cruise boats that are coming in over the next three years, three a year.
And, now, there is not going to be room for them because they don't have the money to expand
the port.
Mayor Carollo: That's not necessarily so, Commissioner. In fact, I would say that that's not so.
By us doing...
Commissioner Plummer: I hope you are right.
Mayor Carollo: By us doing this phase first, that's in fact, going to make it easier for them to do
the second phase of the port expansion.
Commissioner Plummer: Well, Mr. Mayor, three of the boats will be in...
Mayor Carollo: In fact, they are working on that now.
Commissioner Plummer: Three of the boats will be in next year. And, that's no... Even if they
approved it today, that they could be in line. I notice they are bringing in the Queen Mary. And,
I am very happy to hear that and I think it's tremendous feather in Alex' cap. But, I am also
concerned about the nine other boats that are being built and that are coming in. And, I would
hope that they could find a way to accommodate to they don't go to Broward County.
Commissioner Gort: Bayfront Park.
Commissioner Plummer: Well, if it's Bayfront Park, so be it.
209 September 9, 1997
Mayor Carollo: Well, they are not going to be going to that other County.
Commissioner Plummer: Well, let's hope so. I hope you are right.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
72. APPROVE CONTINUING ENGAGEMENT OF LAW FIRM OF DAVIS,
SCOTT, WEBER & EDWARDS -- FOR COUNSEL TO CITY FOR DECOMA
MIAMI ASSOCIATED, LTD. VS. CITY AND MIAMI SPORTS AND
EXHIBITION AUTHORITY, CASE 96-12055 CA 02 -- ALLOCATE FUNDS
$35,000 ACCT. CODE 620103-661 -- SEE LABEL 59.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, could you please take up 44 which
Commissioner Plummer asked...
Mayor Carollo: Yes, we need to take up 44. I had it here.
Commissioner Plummer: Well, I have made my point, OK, on 44. I was concerned about the
fact that we are speaking in 44 to the cost of the attorneys. And, in this document of here, it says
that the cost will be burdened by 50150 percent, OK. But, it does not speak to the awards if we
were to be on the losing end of an award...
Mr. Jones: I understand.
Commissioner Plummer: ... that we will not pay anything. They will pay 100 percent of the
award. So, I'll move 44, but I just wanted to make that for the record. So, Mr. Mayor, at this
time, I move 44, now that I have...
Mayor Carollo: Forty-four has been moved. Second by Vice Mayor Regalado. All in favor
signify by saying "aye."
The Commission (Collectively): Aye.
210 September 9, 1997
9
C7
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-633
A RESOLUTION CONTINUING THE ENGAGEMENT OF THE LAW FIRM OF
DAVIS, SCOTT, WEBER & EDWARDS, TO SERVE AS COUNSEL TO THE CITY
OF MIAMI IN CONNECTION WITH THE LAWSUIT,. DECOMA MIAMI
ASSOCIATES, LTD. VS. CITY OF MIAMI AND MIAMI SPORTS AND
EXHIBITION AUTHORITY, ELEVENTH JUDICIAL CIRCUIT COURT, CASE NO.
96-12055 CA 02; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO
EXCEED $35,000, FROM THE SELF-INSURANCE AND INSURANCE TRUST
FUND, ACCOUNT CODE NO. 610103-661.
(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 Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
------------------------------------------------------- --------------------------------------------------------
73. FIRST PUBLIC HEARING: FY'98 TENTATIVE BUDGET -- A. PROPOSED
FIRST READING ORDINANCE: DEFINE / DESIGNATE TERRITORIAL
LIMITS FOR CITY FOR TAXATION PURPOSES -- FIX MILLAGE RATE
FISCAL YEAR 1997-1998 -- PERCENTAGE INCREASE IN MILLAGE OVER
ROLLED BACK RATE (3.34%)
Commissioner Plummer: I move 59.
Mayor Carollo: Let me go to 59. Well... There is a motion on 59. Is there a second so that we
could open it up for discussion...
Commissioner Gibson: Second.
Mayor Carollo: ... and for public hearing? It's been second by Commissioner Gibson. Before
we enter into the public hearing part so the public can express themselves, if the administration
would like to begin in discussing the proposed millage rate and tentative budget for the City of
Miami.
Mr. Dipakray Parekh (Director/Office of Budget & Mgmt. Analysis): Good evening, Mayor,
members of the Commission and the public. We have four parts to item 59, as per the Trim Bill
211 September 9, 1997
which is defined by the State. Part (A) deals with the percentage increase in millage over the
rollback rate: the response, three and thirty-fourth one hundredth of one percent. Part (B)
specific purpose for which the ad valorem tax revenues are being increased: the response,
purpose, partial funding for public safety services, police and fire, cost three million four eighty
three two forty-two, 100 percent. We are at item (C), City Commission listens and responds to
citizens comments regarding the proposed millage increase and explains the reason for the
increase over the rollback rate.
Commissioner Plummer: It's got to be noted this is the first hearing and there is a second
hearing and changes can be made between the two.
Mayor Carollo: That's correct. Now that Dipak is done with the professional, financial, legal
jargon, let me try to explain it in layman's term. The bottom line is that in this year's budget the
millage rate, that's what we, the City Commission can handle, and that's the only thing we are
empowered to deal with, is in fact going down one point six percent. The overall millage rate for
the present fiscal year that we are in now that is coming to an end, the end of this is September.
It's 11.7055. The total millage rate for this coming fiscal year that we are proposing will be
11.5195. In other words, it's going to be lowered by almost, well, .1860. That's extremely
significant, particularly after the fact that we have gone through the worst financial year in the
City's history and at the same time, we have been able to lower the rate, our millage by a little
bit. What that translate into is that there is going to be two million eighty thousand dollar
($2,080,000) savings Citywide, that to the average homeowner it will represent some sixteen
plus dollars or overall 1.6 percent lower. Any questions or statements from the members of the
Commission?
Vice Mayor Regalado: Well, Mr. Mayor, of course this is the first meeting, but it's a good start
to tell the people of Miami after this extraordinary year that we have been able to bring to the
City the possibility of reducing the millage. A dollar ($1) less is something important for the
people of Miami. Sixteen dollars ($16) less, is not only symbolically but it's something that we
need to stress because now the County, the School Board, the State of Florida, everybody is
talking about raising taxes and people are just fed up and there are people who are going to have
their houses. So, on this moment that the City has gone through these prices, when the insurance
rates that we don't control, the Dade County rate that we don't control, the School Board rates
that we don't control, all have become a burden on the property owners of the City of Miami,
most of us middle class working people. I think it's important that this sixteen dollars ($16) is
taken into account. It means that the City is trying. And, it means that we don't look for
solutions raising taxes but looking for other ways. So, I hope that the people of Miami would
see this as a sign that we are trying.
Commissioner Plummer: Let's hear from the public.
Mayor Carollo: Any further statements from the administration before we begin to hear from the
public?
Mr. Edward Marquez (City Manager): No, sir.
Mayor Carollo: OK.
Mr. Joe Sanchez: Mr. Mayor.
Mayor Carollo: If everybody could give their names and address and let's see.. There is how
many of you? Three, six, seven. Anyone else? Charlie? Eight. OK, two minutes a piece.
Mr. Sanchez: OK, Joe Sanchez, 2411 Southwest 7th Avenue. I want to see if we could revisit
the Parks and Recreation. And, the reason why we want to do that is because we see some of our
212 September 9, 1997
parks are basically deteriorating. We would like to have some of our children in the community
come back to the park and find a way for the park to put them in an environment where they are
supervised and controlled. I am here on behalf of the Miami Roads Association, I am the
director and also the president elect. And, what we did with some of the surrounding
homeowners, we got together and we put a letter together that I want to read to you. If I could...?
It may take more than two minutes, but please bear with me: "The Miami Roads Neighborhood
Civic Association requests that the Safe Neighborhood Parks Act Bond Referendum for Capital
Improvement to City parks be enhanced by providing regular maintenance and recreational
programs in our parks. Your public has already demonstrated the need for improvement to our
City parks by voting, yes, to the bond referendum. It makes no sense to improve our City parks
with capital improvements and have no provision for ample equipment, maintenance and
recreational staffing to maintain and supervise the maintenance and use of the parks. The only
way to ensure the achievement of ample maintenance and staffing is to increase the Park and
Recreation budget. For years, we have seen it declined and the actual money used for the
enhancements of our parks. For years we have seen a decline in the maintenance of our parks
and equipment. Also, in the facilities. We are hear today to voice to you that there is more...
there is no... a more appropriate time than now, to adequately increase the Park and Recreation
budget to properly staff and maintain our parks. This positive action will mostly certain decrease
juvenile crime throughout the activity participation and positive supervision programs in parks.
Decrease facility break-in and vandalism in park equipment through more park activity and
supervision during the time the parks are opened. Decrease accident and injuries claim against
the City through adequate maintained parks supervision. Also, increase the tourists through
creating beautifully maintained parks and enticing juveniles on the streets to participate in
supervised parks activities. Tourists will be more opted to return to Miami when crime is
reduced. The City and local businesses will benefit from increasing tourists dollars as a result,
increased industry. Our climate and location is a more of an establishment of new businesses in
Miami. Another reason can be less crime. Tackling of juvenile crime problems will cost a later
reason to evacuate (phonetic). The benefactor of addressing the juvenile crime problem will the
City and its residents. Employment opportunities for City residents and increasing income for
the City will possibly be juvenile participants and positive activities such as supervised
recreational programs. In conclusion, the City is in the business of providing service to its
citizens. Consider the taxpayer, the stockholder of the City business. The taxpayers has obliged
you, our board of Commission, with the task of administering our City business with the
stockholders of the City have shown, our commitment regarding our City parks. The public
voted yes, to Safe Neighborhood Park Act Bond Referendum which brought about a tax
increase. Now, the public expects a commitment from you. Find a way to increase the Parks
and Recreation budget. Provide for the staffing, maintain staff and equipment to maintain our
parks and the condition more fitting to the City that depends on revenue generated by tourism.
Provide for sufficient full-time, qualified recreational personnel to properly supervise the parks
and to create recreational programs that will entice our youths and leave the streets and
participate in these positive, supervised parks activity." It's basically been a fact that in... known
in the United States with the midnight basketball and other activities that create... what we want
to do is, get the kids off of the streets, these gang members. Give them an environment where
they are comfortable, provided for... I know, if we don't have the money, we can't get it. But,
it's time we invest in the youth and also in our City parks. I have gone to parks where there is
nobody there. I have taken my children and I can't find the person taking care of the park. And,
as a taxpayer, you are entitled to go to the park and I feel secure, and I am sure everybody here
will feel secure and have a good time in the park. Thank you, Mr. Mayor.
Mayor Carollo: You know, I appreciate your statements and your concern and the concern
which I am sure you represented from your whole organization. But, let me say this to you. The
disaster that the City of Miami was in, that we had to inherit, we can't change everything
overnight. But, I assure you that we will make all the changes that need to be made. And, Parks
and Recreation is a vital part of the heart of this City and that's where the future of Miami
213 September 9, 1997
stands, the youth of our community. Every child that you get involved in sound, healthy, clean,
recreational activity is one child that you are not going to have to spend...
Mr. Sanchez: Absolutely.
Mayor Carollo: ... tens of thousands of dollars in the future in placing inside a jail cell. So, we
understand what you are saying to us and we will move as quickly as we can to correct those
areas.
Mr. Sanchez: Thank you, very much.
Mayor Carollo: Thank you.
Ms. Lillian Delgado: Good evening. My name is Lillian Delgado and I live at 300 Southwest
49th Avenue. I am here tonight on an issue that concerns me greatly. And, that is, mainly the
accessed property taxes, the proposed property taxes. My property has been assessed at ninety-
five thousand dollars ($95,000) paying a tax increase of quite a few hundred dollars. I pay two
thousand and eight hundred and some dollars in taxes. I will like to speak to someone regarding
this issue and find out how they came about...
Commissioner Plummer: Excuse me.
Mayor Carollo: J.L., hold on let....
Commissioner Plummer: Are you aware that that's not within our purview?
Mayor Carollo: Yeah, but...
Commissioner Plummer: The assessment is done by the County not by the City.
Mayor Carollo: Well... Yeah.
Ms. Delgado: But, the property taxes are handled by you.
Commissioner Plummer: We have nothing to do with the assessment, ma'am.
Mayor Carollo: Yeah, see...
Commissioner Plummer: We suffer from it just like you do.
Mayor Carollo: Yeah, what...
Ms. Delgado: OK, who...? Which board should I then address?
Commissioner Plummer: You can appeal to the County. There is a board of appeal that you can
register to go before them and ask for a declaration of your assessment to be reduced and they
will take it under consideration.
Ms. Delgado: Let me...
Commissioner Plummer: But, we have nothing to do with it.
Ms. Delgado: OK.
214 September 9, 1997
Mayor Carollo: See, all that we could do is to place the millage rate. The millage rate, we are
lowering it by 1.6 percent, almost two percent for next year. The assessment of the property, in
other words, the value that is placed upon that property where the millage rate that we will vote
upon tonight, then will be placed upon the ninety-five thousand dollars ($95,000) that your
property is assessed. We can't control the assessment. That's Dade County government. They
have a separate property assessor that's responsible for that and there is a procedure that needs to
be followed. You know, my office will be very happy to help you in letting you know whom
you need to speak to if you want to challenge the assessment on your property, what you need to
do in order to challenge it.
Ms. Delgado: I will most certainly contact you, because my neighborhood is ridden with crime,
with prostitution, with theft, vandalism. And, I don't think there is a... I don't have a chance of
buying another property for the price that I bought it and invested in making it my home.
Mayor Carollo: Well, I understand what you are saying, you know. My mother feels the same
like you do, or even more so. She is going through the same thing, just like so many of us in
Miami. What's hurting us is the high assessments that we have in our properties.
Ms. Delgado: I am trying to find out, is there a guideline that is open to the public that we can
see what day...?
Commissioner Gort: There is a process. Mr. Mayor, if I may? There is a process which is on
the 17th floor of the Stephen P. Clark Building. If you go to the Value Adjustment Board, you
ask for documentations. My understanding is, the deadline is September the 16th. You have to
do it before September the 16th. You fill out the papers, you apply and go in front of a hearing
board and you state your case. Some people do get the millage... I mean, the assessment value
reduced.
Ms. Delgado: Thank you.
Mayor Carollo: Certainly. Thank you.
Ms. Linda Koenigsberg: Good evening, my name is Linda Koenigsberg. My address is 144
Southwest 19th Road. I am a past president of the Miami Roads Neighborhoods Civic
Association and still a member, in good standing. And, I would like to address the same issue
that Joe Sanchez' addressed before you. I will make it short because I know that you have
already expressed an interest in that. We have obviously been given funds through the Safe
Neighborhood for capital improvements but it doesn't do any good without maintenance,
equipment and personnel. I wanted to commend to you the Simpson Park Superintendent, Pat
Quintana, who if you don't know her, you should. She is unique, she is wonderful. As far as I
know, and I have been a City resident all my life, she is the hardest worker that I have ever seen,
not only in the Parks Department but in any City Department. After the last superintendent
retired, she came in, cleaned up the building, cleaned up the park, organized school children's
field trips into the park. Cleaned out the trails, cleaned out the muggers and sex offenders and
made Simpson Park the place where you would want to be. To paraphrase the Army
advertisement, hers is not just a job, and it's certainly not an adventure. She is in charge of two
parks and supervises three others. Our park, Simpson Park, Wainwright Park and she supervises
Brickell, Southside and Triangle Park. It's seems to me, an obligation that she has that would be
like you all being Commissioners of not only the City of Miami but Coral Gables and Key
Biscayne and Homestead and another City. It's very hard. You could only spread yourself so
thin. Right now, she has to close up Simpson Park and the availability to people, children and
adults who want to visit our park to go to Wainwright and elsewhere. It's not fair for her, it
certainly is not fair for the public. We need more personnel, we need equipment for them to use
to keep the parks open and clean and available for use when Pat is not there or when she is
showing the park to school children or others like yourselves. Thank you.
215 September 9, 1997
Mayor Carollo: Thank you, very much.
Mr. John Simmonite: My name is John Simmonite. I live at 3651 Northwest 20th Street. I am
the Vice President of Grapeland Heights Civic Association and mainly I want to ask you to
please allot some money for the Grapeland Heights Park. Because, as this lady mentioned, Pat
Quintana. Pat Quintana, I wish we had her back again. She used to be in charge of the
Grapeland Heights Park. We had ceramics classes, we had art classes. She always had
something going for us. And, right now it's... the sports equipment for the kids is in pretty poor
shape. And, we really don't have any classes going there, even for the adults. And, I would just
like to ask you, if you could, please set something aside for the Grapeland Heights Park. We
would certainly appreciate it. Thank you.
Mayor Carollo: Thank you, sir.
Mr. Joe Wilkins: Joining a list of past presidents of Miami Road Neighborhoods Civic
Association, I am Joe Wilkins, 228 Southwest 23rd Road. And, as a past president, we have a
little bit of unfinished business. For those of you fortunately enough not to have been here very
long, let me just briefly go over. Some of my colleagues have mentioned the transformation of
Simpson Park from a haven, from criminals into an asset for our community. Thanks to the
efforts of Pat, Mr. Ruder and numerous others within our association. Just to briefly site some
facts. Since 1996, we have had over 4,000 students tour the park to take advantage of the
environmental education program. Over 4,000 families have toured the park to see the unique,
natural beauty that it has. That roughly equals more or less the number of criminals that were
there the two years prior more or less. We have had eight special events with over 1,000
residents from all over the City joining in. We have really done a lot, again, turn this haven from
criminals to an asset for our community. That's the good news. In 1995, in July,, excuse me. In
July 13, 1995, the City approved a resolution for our association to receive twenty thousand
dollars ($20,000) to support the creation of an environmental education center at Simpson Park.
To promote the park, to extend the park hours, to when Pat is not there and to do numerous other
things. Our association did everything we were asked to do. We drafted a budget, we hired an
accountant, we opened a bank account. Finally, on December 4, 1996, we received a signed
contract from the City stating we were to receive the money. We knew the City had problems at
that point, we were very patient. We are not so patient anymore. In April 1997, we wrote two
letters to the City Manager requesting to know what we needed to do to get the money moving
and we have yet to receive any answer. So, we are here today to, not ask for anything new, this
was money that was approved two years ago. We have done everything on our part. This is not
about me, this is about our community and if I may paraphrase the phrase, "please, show us the
money." We would like to know what the status of...?
Mayor Carollo: We will call you tomorrow and show you the beef.
Mr. Wilkins: No, I would just like to know what the status is on this or what we can do to
further this process along. We have a resolution, we have a contract, we would like a check.
Mayor Carollo: We will be calling you tomorrow, Joe. I promise you.
Mr. Wilkins: Thank you.
Mr. Manuel Gonzalez-Goenaga: Good evening, my name is Manuel Gonzalez-Goenaga. I am
probably dancing my last tango in Miami. But, before I depart for good, I hope to be dancing el
merengue, salsa and el son cubano in Allapattah with my next speaker.
Mayor Carollo: Your next what?
216 September 9, 1997
Mr. Gonzalez-Goenaga: The one who is going to speak after me.
Mayor Carollo: Oh, OK. I thought you said...
Mr. Gonzalez-Goenaga: No, I am not running for office.
Mayor Carollo: No, no, no. I thought you said something else. I am sorry.
Mr. Gonzalez-Goenaga: No, no. no. But...
Mayor Carollo: I am having a problem today, Manny. I keep miss hearing you.
Mr. Gonzalez-Goenaga: We have been through the worst of times and we hope that we are
going to start the best times. Yet, I keep emphasizing over and over again and I will constantly
go after this that, the City of Miami is the fourth poorest City in the nation. And, that the area of
Allapattah and Wynwood, can you imagine the poverty there? And, I am not counting Liberty
City and Overtown. So, we need a balanced situation. We have divert money, not to the pockets
of the employees but to give direct services to the people. And, the only thing I am going to say
about the budget, because I don't come here to praise things. I come here to enlight this
Commission, is that one basic issue that has never been brought up, is the checks and balances
that is so much spoken of, that the Office of Internal Audit should be directly responsible to the
five Commissioners as in a banking institution. Directly and appointed by, because I think that
there is another conflict of interest if the City Manager or the future Strong Mayor names the
internal auditor. The internal auditor has to be directly responsible in the change of command or
in charge of organization to the board of directors. Because, then, anyone of the five elected
Commissioners will order an audit of these and these and these departments. I am surprised that
these hasn't... The Charter of organization has not been amended and I wish I can speak with the
Oversight Board. Thank you, very much. And, the numbers are numbers.
Mr. Marquez: Mr. Mayor. Mr. Mayor, may I say something on the record, here?
Mayor Carollo: Do you really want to?
Mr. Gonzalez-Goenaga: OK. Thank you.
Mayor Carollo: Thank you, Manny
Mr. Mariano Cruz: OK. Mariano Cruz, 1227 Northwest 26th Street, in Allapattah. I am going
to read, I am not going to do any extemporaneous speaking, that way I control myself. This is
being coming to the tax, to the tax of the budget hearings since 1975-76, all that. Hearing in
1992, I was the only person from the City that went to the hearing at James Earl Knight Center.
Not... No, City employee having something to do with the City. So, I have been to all hearings
for more than 20 years. I go to the County hearings and tomorrow I will be at the School Board
hearing. I just got a few questions. I am not a CPA (Certified Public Accountant) or anything, I
don't have any papers in my... but I know a little bit about CAP, the accounting principles. You
don't need to be a brain, just read the books. And, like Will Rogers said, everything I know, I
learn in the newspaper, especially "The Miami Herald." Right, and The Nuevo Herald.
Remember... Now, I want to ask question here... Right, expresso.
Mayor Carollo: Yeah, right there are a lot of expressos. You are right.
Mr. Cruz: Why, I got some number here, Fire, Police Department, Solid Waste, Parks, and I
compare a few numbers. The Police Department, '94-'95, they got ninety-eight million. That's
217 September 9, 1997
a close summary. Now, '97-'98, they are asking for one hundred and eight million, that's an 11
percent increase. Fire Department, from forty-seven million five twenty to fifty-five million.
That's a 17 percent increase. That's from '94-'95, from '97. That's three years. Now, you go to
the Law Department, three million dollars ($3,000,000) to three million four hundred thousand.
That's a 14 percent increase, three years. The Planning and Development goes from two
million... No, from... Let me see here. In 1994 , one million one hundred and eighty-six
thousand to two million five twenty-eight. That's 110 percent increase in three years, 110
percent increase. Why? Instead, now, I go the other way. Service that we will receive directly
that will impact us. Solid Waste, from twenty-three million eight hundred and thirty six, goes
down now to twenty-three million three hundred thousand, 526 less. That's a 2.5 percent less.
Now, but administration in Solid Waste goes from one million one fifty-three to one million nine
hundred and seventy-one thousand. An increase of 80 percent, administration. I am talking
about the people that talk... On Parks, Parks is down from eleven million six hundred to eleven
million ninety-eight. A 2.9, almost three percent less in parks. How that conjugate? I don't
know, because the survices really impact me. Solid Waste, that... But, I really... My numbers, it
doesn't conjugate, I mean, they don't balance.
Mayor Carollo: Mariano. The...
Mr. Cruz: Because, also, what do we get from the Countywide tax from the County? The City,
what they get? What do we get from the Homeless Tax, from the County too? And, what do we
get from the School Board Tax?
Mayor Carollo: Mariano, you have gone over about 45 seconds.
Mr. Cruz: OK. Remember, we need programs in the parks from every dollar we spend in
prevention, we save seven or eight dollars ($8) later on in life in jails and prisons and that.
Mayor Carollo: Thank you.
Mr. Cruz: But, no, they are willing to pay the long term pay.
Mayor Carollo: I have said that already. Charlie, I am glad to see you up here.
Mr. Charlie Cox: You may not be. My name is Charlie Cox, the address is 4011 West Flagler
Street. The business the employees own in the City. Last August, when the City's financial
problems came to light, the first people that the City Commission came to for help were the
employees. When the City asked for help, we didn't let the City down. We gave up raises and
City benefits to help the City. Based on the City's promise and our belief that a new day had
arisen and mismanagement that had characterized in the City in the past, would be coming to an
end. It is my sad duty to report that our belief that a new, efficiency would rule the City was
wrong. We have reviewed the proposed budget and it's more of the same. Instead of instituting
a new, efficient, progressive management style, the City has simply declared war on us, its
employees. The very people who reached into their pockets when the City was in trouble. The
proposed budget includes a line item of five hundred thousand dollars ($500,000) for hiring an
outside legal counsel...
Mayor Carollo: No, no.
Mr. Cox: ... to assist in labor negotations. This is not only a waste of money, but it's a slap in
the face to the very people...
Mayor Carollo: Excuse me. Charlie, can you hold up, one minute?
218 September 9, 1997
0
11
Mr. Cox: Yes, sir.
Mayor Carollo: I won't take it from your time. Mr. Manager, that was being taken out of the
budget.
Mr. Marquez: Mr. Mayor, what we were going to do is, I wanted...
Mayor Carollo: Mr. Manager, you gave me your word, that was being taken out of the budget.
Mr. Marquez: May I read something. I have a memorandum that I am going to pass out to the
City Commissioners...
Mayor Carollo: Well...
Mr. Marquez: ... that says the proposed budget, fifty-five hundred thousand was earmarked for
legal assistance related to renegotiating our labor contracts. Due to the volume of lawsuits and
other legal issues currently concerning the City operation, I recommend that this line item
amount be transferred away from this use to the City Attorney's Office for generic, legal and
financial advise. I am taking it away from... what I am suggesting is, that we don't use it,
earmark it for legal...
Mayor Carollo: Well, then I want that to be part of the budget that we would approve today.
Mr. Marquez: Oh, you are not approving a budget, today?
Mayor Carollo: And, I want you to put a page in every budget book that would include that that
was given out. I am sorry Charlie, but...
Vice Mayor Regalado: But, still, Mr. Mayor, why do we need the outside counsel to deal with
the...?
Mayor Carollo: Well, Tomas, let's not get into it now. I mean, we have done away with it. I
hope that satisfy you in that aspect.
Mr. Cox: Yeah, it drops off half my speech.
Mayor Carollo: We don't consider the employees our enemies, Charlie, on the contrary. Thanks
to the concessions that the employees from your union, the other unions gave, not only
concessions on salary increases and other concessions but concessions on the pension plan that
we would not have gotten if the employees had not helped on that also. We were able to get 25
percent on this fiscal year to do away with the deficit that we had. Twenty-five percent of the
deficit that we had was done away with, thanks to the concessions that the employees of the City
of Miami gave us. That's a substantial amount.
Mr. Cox: Do you want me to go on the next issue in case you want to stop me on this one, too?
I'd be happy.
Mayor Carollo: I will not stop you on that. I just want to make sure that at least the areas....
Mr. Cox: No, I mean, if you are going to solve them right here, then it's the greatest thing in the
world.
Mayor Carollo: OK.
219 September 9, 1997
Mr. Cox: And, all the employees could see it. The next issue is the motorpool. Many years ago,
a Miami police officer, David Herring was tragically killed with a poisonous gas leaked into his
car. The City made a deal with its employees that nothing like that would ever happen again.
The City agreed that the cars would only be driven for a certain amount of miles and there would
be a minimum staffing in the motorpool. The City has failed to live up to its end of the bargain.
Once again, the City asked its employees to pay for its own shortcomings. The City has already
spent seven hundred thousand dollars ($700,000) to send the cars out for mechanical work. This
will be more expensive and less efficient than doing it in-house. The City should simply hire the
people that it previously promised to hire. I can tell you that the motorpool is doomed to fail
unless those changes are made. There are not enough workers in the motorpool to get the work
done without the overtime. The City refuses to approve overtime. This is a prescription for
failure. You will be told that it is necessary to spend large sums to send the work out because
the work isn't getting done. Hire the workers, save the money and get the job done. The City
should simply do like the rest of the world and live up to its commitments. Once again, the
policy makers will get a free ride and the taxpayers and the people who turn the wrenches will
pay the price. A member of the Blue Ribbon Committee, has said that the mechanics and
inspectors for the City don't know how to read or write. This is untrue, demeaning and elitist.
Mechanics know how to fix cars and that's what's important. Some of our mechanics are
certified automotive service excellence. All of our inspectors have received a license from the
Board of Rules and Appeals. They have all taken a paper and pencil test. They are all qualified.
The workers ability to read and write is not this City's problem. It's the City's failure to live up
to its commitment and it's political deals which are... that are made has gotten the City in trouble
in the past. And, putting down and making fun of workers will not solve anything.
Mayor Carollo: Charlie, on the part concerning the motorpools and vehicles. I was addressing
part of it in a meeting yesterday with the City Manager that we have had with one of the other
union representatives. If you could call me tomorrow, I would like to schedule a meeting
between yourself, myself, the Manager...
Mr. Cox: Fine.
Mayor Carollo: ... bring along whoever else you think you need to from your union or some of
the others.
Mr. Cox: OK.
Mayor Carollo: Let's sit down...
Mr. Cox: I mean, I have all the backup to the cars and all the money they have spent.
Mayor Carollo: Yeah, let's sit down and see what we could do to come to a solution that we
could all live with.
Mr. Cox: OK. And, somebody... The bad part is, somebody from this City is going out and
telling those Blue Ribbon panel members lies. And, then when it's said because I was at the
meeting, and I guarantee you, it was said. I can even tell you who said it. And, that's, you know
what? I have said it a million times and I believe it. Ninety percent of the City employees could
go to work anywhere and they are great employees. And, for them to take the heat that they are
taking now...
Mayor Carollo: I agree with you on that. I agree with you on that.
Mr. Cox: It's not those people that did anything wrong. The next issue is pension. It has been
said that those who do not learn from the past are doomed to repeat it. Nowhere, is this
220 September 9, 1997
statement truer than in the City's treatment of the General Employees Pension. The
administration is proposing to cut the administrative budget of the pension office by five hundred
thousand. Let me remind you of the problems that the City brought about when it tried to
control the pension. The pension cost went up and up and up. The City got sued and the
taxpayers are still paying for a Gates settlement. Since the employees have had a say in the
pension, the City has saved millions of -dollars, twenty-seven million in the last six years alone.
Pension funds have unfunded liability, normal cost and administrative cost. The Gates payments
are payments on the unfunded liability, the normal cost is zero and it's a return on money every
year to the City. This is because of the top notch management of the pension fund. In other
words, you are paying tens of millions of dollars because of City's mismanagement and saving
millions of dollars as a result of good management by the trustees and the administrator. One
would hope that the City would learn its lesson and would butt out of the pension instead of
trying to butt -in and cost the City money. History is on our side, not on yours. The budget you
are considering lists 26 percent of payroll as employer cost for pension. This is misleading.
This 26 percent is paying off Gates which is directly attributable to the City's misdeeds. The
administrative costs are the only monies being paid for the pension and your budget should
correctly reflect that. The proposal to cut the pension is yet but another instance of the City's
breach of faith with its employees.
Mayor Carollo: That's another one that I think we need to sit down and go over with the
Manager. I think we need to be very careful to try to redo what is working well, right now. The
only way that we could try to correct that is by sitting down and talking, Charlie.
Mr. Cox: The MRC Building. You have budgeted one point seven million for maintenance at
the MRC Building. And, a total of 2.5 million for maintenance for all other City facilities. This
is an example of priorities upside down. You must put the people, first. In summary, this budget
is wrong and should not be approved. We stood by you when you needed us, and now it's time
for you to stand by us. Thank you.
Mayor Carollo: OK, can I get some more input from you on the MRC Building and...
Mr. Cox: Absolutely. I have the backup here.
Mayor Carollo: ... the monies that are approved there? What are the amounts that you think
should be approved for the MRC Building?
Mr. Cox: Well, I mean, you all need to go over that. Number one is, it's shocking that you show
on your own reports, as far as your end expenditure service for last year, you budgeted two
hundred thousand one hundred and seventy-five dollars ($200,175) for utilities services. You
show you spent one hundred and eighty-seven thousand. But, yet for next year, you are
budgeting six hundred and seven thousand five hundred dollars ($607,500). Some being hid
some place. Either that, or electricity just jumped up three times the amount it did last year, and
we have had the same... You may have added... I am going to tell you, we have lost employees
since last year, so you can't say you have added so many more employees, that now, I guess we
are sucking up the electricity over there. Your water, the same thing. Your water, you budgeted
29,405 last year, you spend twenty-nine thousand nine hundred and forty-one dollars ($29,941).
And, this year you are budgeting one hundred and thirty-six thousand dollars ($136,000).
Mayor Carollo: Yeah, these points are very good points he is bringing up and I hope you all are
taking notes so you could get us some answers. Now, if you have some answers for that now, I
certainly will be happy to listen to them.
Mr. Frank Rollason (Director/GSA): Sure, I can give you just a thumbnail, real quick. Number
one, on the MRC, the codes for maintaining that building were underfunded. We are in deficit of
221 September 9, 1997
invoices that we have that we are going to have to pay from the current year that are underfunded
and the figures were jacked up to be able to pay these bills that are in arrears, water, electricity.
For instance, electricity this year, Charlie, is going to run us somewhere in the neighborhood of
three hundred and seventy thousand dollars ($370,000). Now, I know there is six hundred in
there, but also... Listen to me. Some of this was put together very quickly as we put together the
budget for that building. What I am saying to you is when we look at some of the other codes
that are in the MRC Building, with the 670 codes and some of the other utilities, there is not
enough there. And, we are going to have to move money within the budget in the MRC to make
it. I will be more than willing to sit down with you and go over the figures, where we can look at
the MRC Building totally, what it is costing us and certainly if there re any averages there, they
can dump back into the General Fund for any other use. We are certainly not trying to hide
money in there.
Mayor Carollo: You mentioned good points, Charlie. I appreciate it.
Mr. Cox: You know, we sat here and approved today, OK. And, I didn't get up and open my
mouth. You approved a plumbing contract today, for eighty-four thousand dollars ($84,000),
OK? Do you know how many plumbers this City has? One. Do you want to know what his
salary is? You are a plumber, J.L.? Well, you make three thousand six hundred dollars a year,
right?
Commissioner Plummer: No, eighty-four thousand, right.
Mayor Carollo: He is the wrong kind of Plummer, though.
Commissioner Plummer: Yeah.
Mr. Cox: I mean, yeah. I mean, he makes less than twenty thousand a year. Why don't we hire
four more plumbers instead of keep doing these things over and over and over. We are not
expensive. And, to sit there when you go line item by this budget on salaries and you put a 26
percent benefit onto our salaries, there is something absolutely wrong. Because, I am telling you
and I am going to say it on the record and I can't say it any easier than I am saying it, you pay
zero dollars for our pension. Zero. And, you have for the last six years. As a matter of fact, you
have got twenty-seven million dollars ($27,000,000) in return. Gates is not my problem, it's not
your problems. It's what happened in the past and if we would have ran this pension fund the
way its been run lately, when we... When Gates came about, our fund was 16 percent funded on
the market value. We are not 109 percent funded on the market value. Now, we got over a half
of billion dollars in that thing and we started out with thirty-six million dollars ($36,000,000).
Why? And, yet, just arbitrarily you come to us and you ask us for help. We sit there and go to
the board, you ask us for help and then you slap us in the face. You asked us to come back to
two meetings, not one but two and it's done and nothing happens. It still shows up in the budget
the same way.
Mayor Carollo: Charlie, I assure you that none of us up here want to slap the people that help
the City out, in the face. Are there still many things that need to be corrected, yes.
Mr. Cox: I know.
Mayor Carollo: We know that. You and I know that it has been one heck of a long year.
Mr. Cox: Yes, it has.
Mayor Carollo: A real tough year for all of us. But, the one thing that I will assure you is, in the
next four years, I will give the same amount of hours that I gave this City in this long, long, hard
222 September 9, 1997
year. I will give the same amount of hours every day, nonstop and we will turn it around. Now,
you know, you are just going to have to be a little more patient.
Mr. Cox: Joe, I am going to be around here for four years, too, buddy.
Mayor Carollo: And, be willing to also be there...
Mr. Cox: I understand. I understand.
Mayor Carollo: ... and work with us. Things like this like you done today are helpful. You
know, it's very constructive and helpful. You know, I encourage you, Charlie, to keep working
that way. Thank you.
Vice Mayor Regalado: Mr. Mayor, on the GSA budget, following the lines that Charlie was
calling to our attention. We have paid or will be paying a million four hundred thousand dollars
($1,400,000) for repair and maintenance outside of the garage. Is that an accurate figure?
Police Lieutenant Vera: Well, that's as accurate as our original estimates. However, our
expenditure shows that we will be spending a lot less than that. To what extent, I won't know
until the end of September and I see all my bills because we were hit with a lot of bills from the
past previous year that we paid out of this year. So, I am going to have to do some kind of
analysis to determine what was really impacted on this year. But, it seems that the original
estimates were over and we will be probably a couple of hundred thousand dollars below.
Vice Mayor Regalado: Yeah. Lieutenant, it is not your fault, neither Chief Rollason's fault.
But, I don't know whose fault it is, that every time that we ask about why so much money is in
the budget, we are told that we did not pay the bills three or four years ago. Now, we have a
problem in this City, we had to approve fees and taxes and now we have to pay whatever, we,
the City did not pay. I know that we have to accountable, but, I mean, we have to pay all the
bills this year, is that what it is?
Police Lieutenant Vera: I am sorry. For the fleet purposes, many of the vendors that we used
will not do business with us until we are paid up and caught up.
Vice Mayor Regalado: I understand that. I clearly understand that. But, what I am saying is,
why did we not pay that two years ago, three years ago.?
Mr. Marquez: There was a lot of stuff that was done two, three years ago which we are going to
be... We have been trying to cover this fiscal year and part of next fiscal year. There are...
There have been resolutions that this City Commission had approved, that the administration did
not secure money, or sculled away money to cover those resolutions.
Vice Mayor Regalado: But...
Mayor Carollo: Well, for those two or three that kept saying there was no deficit, you are
hearing it again.
Vice Mayor Regalado: That's what... That is my point. My point is, that, you know, we have to
be perfect. We want to be perfect this year. However, we have to tell the people of Miami, the
truth. I mean, Chief Rollason says that he is willing to tell me about the fund from Andrew.
Fine with me. But, I mean the people of Miami does not know that this City did not pay the
bills. Why don't we tell them. And, you know, it's... We are approving fees and inspection
fees and fire fees and all because of the crisis. But, not only that, we did not only have a
problem with the budget, we didn't pay the bills. So, now, the people of Miami have to pay all
223 September 9, 1997
the bills because, you know, we have to have good credit like when you have a credit card.
Willy, you are saying, no?
Commissioner Plummer: What I am saying is, is that a great deal, of it was slow pay. That
people would surrender a bill and they wouldn't get paid for six months. They would get
money.
Vice Mayor Regalado: Like you said, if I don't pay... Like, Willy, said. If I don't pay my rent
for three years, I am out of there.
Commissioner Gort: You are out.
Commissioner Plummer: Well, talk to the City Attorney, he does things differently.
Vice Mayor Regalado: I mean...
Commissioner Gort: Mr. Mayor, one of the things that was brought up and I saw it today was,
we contracted for an electrician. We contracted for plumbing and I would like to know if that's
more efficient, cost efficient to the City? These are some of the answers that I would like to see,
just like Charlie was stating, we awarded eighty-four thousand dollars ($84,000) today for
plumbing, for a plumbing contract.
Mayor Carollo: Well, these are the things that I need...
Commissioner Gort: And, that type of thing we need to come back and...
Mayor Carollo: These are the things that I think we need to give input to the Manager on. This
is first reading that we are approving this on.
Commissioner Gort: Yeah, I understand. Also, it is part of the understanding, part of the sixty-
eight million dollars ($68,000,000) deficit is the underestimate of the expenses. That's what we
see right now.
Mayor Carollo: Well, not sixty-eight million, gentlemen. It was over seventy million. Let's get
the number right.
Mr. Rollason: Yeah, I think another issue that we need to keep in perspective is that as we are
making decisions of which way we are going to go with the recommendations from the Blue
Ribbon Committee, decisions are going to have to be made whether or not we are going to hire
in-house as Charlie is saying, and beef up the people with one plumber, one air-conditioning
mechanic, that type of thing. Or, are we going to have some kind of a mix or a partnership with
part of it outside and part of it inside? And, a lot of that you all will decide as the
recommendations come back from the Blue Ribbon Committee and we address what's the most
cost effective way to go forward. Right now, we are having to enter into these contracts just
from the virtue of being able to keep the City running, keep things repaired and because we don't
have the staff on board to handle all this in-house.
Mr. Marquez: I want to add something to what Frank is saying here. As far as costing out, as far
as estimating how much it costs the City to provide services we will use realistic cost factors.
Charlie keeps on pointing out to the 26 percent factor for employee benefits, we will use what's
correct and I am sure that there will be a meeting of minds between ourselves and the unions as
to how best to evaluate our own cost so that we can make good comparisons to other
alternatives.
224 September 9, 1997
Mayor Carollo: Senator, thank you for being patient.
Senator Ron Silver: No problem. Thank you, Mr. Mayor and members of the Commission.
And, may I first say, how much of a pleasure it is to see Mrs. Gibson up there. You certainly,
you know, improve the appearance of the Commission considerably, let me tell you that.
Mayor Carollo: Yeah, she is keeping all the boys in line up here.
Commissioner Plummer: Just keep it up. Just keep it up.
Senator Silvers: Having served with Father Gibson, it really is a pleasure to see you,. Ms.
Gibson. I just want to say this regarding the pension proposed budget cut. You know, I would
urge you on behalf of the board of trustees who I represent of the City of Miami, General
Employees and Sanitation Employees Trust, not to cut that sum out of the budget. I guess, I a
more disturbed about how that was arrived at than I am with the actual cut, and that is, that it is
basically arbitrary. I have met with the Manager's office now on two occasions. And, I
appreciate and thank them for their courtesy and their meeting with me on those issues. But,
from what I can ascertain, it's an arbitrary figure that was arrived at based upon some
comparison, some other fund and they felt that, you know, we could bear the five hundred
thousand dollar ($500,000) cut. Not based upon, and I have questioned them several times,
based upon what are we doing wrong, what is it? And, nobody could ever explain to me exactly
what that is, that we are doing wrong. So, it is an arbitrary cut, that disturbs me. I think, as Mr.
Cox has said, and again, I don't represent the union, I represent the trustees. We have done
everything, I think in an expeditious way, in a very careful way. We have Rose Gordon as our
chairperson. We have Ron Thompkins, CPA on the board. We have put business people on the
board to guard against this. So, I just think, if somebody could point to something we are doing
wrong, I would be glad to discuss it? But, that's not it. And, one final thing, the pension is the
most important thing to a lot of our workers in this City. If not, the most important assets that
they have. You know, we talk a lot about what's going on, with the high pay folks that sit
around the table here, the Clerk and the Manager and the Attorney and all those. But, it's the
everyday worker who, this is their only assets that they can look forward to. And, we have to
make sure that they feel secure that that asset is going to be there when they retire. And, that's
what... We are a service organization too. We have to provide service to these people. When
they call up, they want to know what their pension benefits are? What they are going to be?
What options they are going to choose? That is the most important decision that they are going
to make in their lifetime. So, I would hope that we would not that, something out of the budget
and that we would restore it. Thank you, very much. I appreciate it.
Commissioner Plummer: Just cut out the Attorney, that's all.
Senator Silver: Yeah, that will be all right, too. As long as we cut out the funerals in the City.
Commissioner Plummer: Right after we do yours.
Mayor Carollo: Well, anyone else from the public that would like to address this Commission?
Commissioner Plummer: The item before us is...
Mayor Carollo: Hearing no one, the public section of this item is now closed. I would like to
thank everyone that came tonight and expressed themselves to this board, for their time and
suggestions and comments. Any further statements or questions at this point in time from the
members of the Commission?
Commissioner Plummer: No, sir.
225 September 9, 1997
Mayor Carollo: Hearing none, then, first reading ordinance -A. If the City Attorney, could read
it please? Well, excuse me, excuse me. It is late. Commissioner Plummer...
Mr. A. Quinn Jones, III, Esq. (City Attorney): A motion and second.
Commissioner Gort: Move it.
Mayor Carollo: makes a motion, Commissioner Gort seconds it.
[At this point, the City Attorney read the ordinance into the public record.]
Commissioner Plummer: Call the roll.
An Ordinance entitled -
AN ORDINANCE DEFINING AND DESIGNATING THE TERRITORIAL LIMITS
FOR THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION; FIXING THE
MILLAGE AND LEVYING TAXES IN THE CITY OF MIAMI, FLORIDA, FOR
FISCAL YEAR BEGINNING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30,
1998; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
74. PROPOSED FIRST READING ORDINANCE: ESTABLISH TENTATIVE
APPROPRIATIONS FOR FISCAL YEAR ENDING SEPTEMBER, 1998.
Commissioner Plummer: Move "B."
Mayor Carollo: "B" is moved. Second by Commissioner Gibson.
[At this point, the City Attorney read the ordinance into the public record.]
Mayor Carollo: Call the roll.
226 September 9, 1997
An Ordinance entitled -
AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 1998; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
was introduced by Commissioner Plummer, seconded by Commissioner Gibson, and
was passed on first reading, by title only, by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
75. PROPOSED FIRST READING ORDINANCE: ESTABLISH TERRITORIAL
LIMITS OF DOWNTOWN DEVELOPMENT AUTHORITY (DDA) TAX
DISTRICT -- FURTHER SET MILLAGE AT FIVE TENTHS AND LEVYING
TAXES FOR FISCAL YEAR BEGINNING OCTOBER 1, 1997 AND ENDING
SEPTEMBER 30, 1998.
Mayor Carollo: We are in item 59.
Commissioner Gort: Sixty.
Commissioner Plummer: Sixty.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Sixty.
Mayor Carollo: Excuse me. Yes, 60, I am sorry.
Commissioner Gort: Move it.
Commissioner Plummer: But that doesn't... No, see...
Mayor Carollo: It is late.
Commissioner Gort: That's the millage of the...
Mr. Jones: DDA (Downtown Development Authority).
Commissioner Plummer: That's "A." You move "A"?
227 September 9, 1997
Commissioner Gort: Sixty "A", yes.
Mayor Carollo: Yeah.
Commissioner Plummer: Second.
Mayor Carollo: Does anyone care to address this Commission on the Downtown Development
Authority millage? Oh, come on Manny. You know, you don't pay any of that, you don't work
downtown, you don't own any property there.
Mr. Manuel Gonzalez-Goenaga: Well, I have been billed for two hundred dollars ($200)...
Mayor Carollo: It's the owners. It's the owners.
Mr. Gonzalez-Goenaga: ... for occupational license and I don't know where it come from.
Anyway...
Mayor Carollo: Nah, you haven't been billed for that.
Mr. Gonzalez-Goenaga: ... the issue is... No, I have been billed but I...
Mayor Carollo: We don't send it to Puerto Rico.
Mr. Gonzalez-Goenaga: No, no, I have it here and I presented it to the Manager.
Mayor Carollo: An occupational license to you?
Mr. Gonzalez-Goenaga: Yes.
Mayor Carollo: Are your serious?
Mr. Gonzalez-Goenaga: Yeah, but with no address, two hundred dollars ($200). And, every
time they are going to send it to Mr. Quinn Jones, I am going to give tomorrow, I will drop it
upstairs. But anyway...
Mayor Carollo: Well, look... DDA is what I need for you to address.
Mr. Gonzalez-Goenaga: ... DDA, the Downtown Development Authority might need my advice,
free advice as I have always said. Because, in order to develop downtown, in order to keep
business, in order to bring business to Miami, we have... You have to follow the model of
incentives not decentives. So, the less tax, the more people will come, the more people will
work. Then, you create a multiplier effect. So, I am just giving you... And, if you just copy
what is being done with San Juan, the City of San Juan, where it's lively at all times and people
looks to go there and here it's totally the opposite.
Mayor Carollo: Manny, I am going to name you as a one man committee to immediately leave
for San Juan tomorrow morning until mid -November...
Unidentified Speaker: And, stay there.
Mayor Carollo: ... mid -November and you come back and give me a report...
Mr. Gonzalez-Goenaga: After my...
228 September 9, 1997
Mayor Carollo: ... from your sister-in-law, the Mayor of San Juan.
Mr. Gonzalez-Goenaga: After my candidate wins next November election. Thank you.
Mr. Mariano Cruz: I wasn't going to talk but I want to say something. Mariano Cruz, 1227,
26th Street. And, just by example, two businesses that left Miami in the last few weeks.
Mayor Carollo: Mariano, what does this have to do with the millage in DDA?
Mr. Cruz: For downtown with the DDA, especially close to downtown. American Gift on 1st
Avenue there, they got to leave and go to the airport because they are having a lot of problems
with the homeless, the police protection, and the whole thing.
Mayor Carollo: That's not the reason they left, I have spoken to them.
Mr. Cruz: Well, my sister's business, Carver Incorporation, that was at 19 and 23, they got to
leave Allapattah. They left Allapattah because the people were robbed down the street and the...
You know, they leave, they left. Because, it's the perception of crime. The same thing like we
go to the... That's a thing for the City to do, oblige the County.
Mayor Carollo: Do you know that the City of Miami is the only one of the major cities in
Florida that has lowered its crime rate by 18 percent in the last 12 months?
Mr. Cruz: I know. You can juggle the numbers anyway.
Mayor Carollo: No, no, no. This is not juggling the number. This is not juggling the number.
Mr. Cruz: But, don't tell that to the person that has been mugged recently. No.
Mayor Carollo: Now, it doesn't mean either, it doesn't mean that we have to keep on working
very hard to lower crime even more. But, that's a reality.
Mr. Cruz: Because, myself I report even a trash can. If they steel a trash can from me, I report
it. Because, I want to have those numbers there. But, many people don't report anything. And,
that's why the numbers sometimes are low.
Commissioner Plummer: All right, good.
Mayor Carollo: Well, not quite. But, anyway, thank you for your time.
Mr. Cruz: Yeah, OK. Right, thank you.
Commissioner Plummer: Call the roll. Call the roll.
Mr. Jones: Mr. Mayor, just for the record. Percentage increase in millage overall back rates:
response, five and 3,100 percent. The specific purpose which ad valorem taxes are being
increased: response purpose that downtown economic development programs cost seventy-one
thousand four ninety-one dollars ($71,491) for 100 percent. Now, let me read the ordinance.
[At this point, the City Attorney read the ordinance into the public record.]
Mayor Carollo: Call the roll.
229 September 9, 1997
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT, RELATED TO TAXATION, DEFINING
AND DESIGNATING THE TERRITORIAL LIMITS OF THE DOWNTOWN
DEVELOPMENT DISTRICT OF THE CITY OF MIAMI, FLORIDA; FIXING THE
MILLAGE AND LEVYING TAXES IN SAID DOWNTOWN DEVELOPMENT
DISTRICT FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1997 AND
ENDING SEPTEMBER 30, 1998, AT FIVE -TENTHS (.5) MILLS ON THE DOLLAR
OF NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL
PROPERTY IN SAID DISTRICT; PROVIDING THAT SAID MILLAGE AND THE
LEVYING OF TAXES WITHIN THE TERRITORIAL LIMITS OF THE CITY OF
MIAMI AS REFLECTED IN THE CITY'S MILLAGE LEVY ORDINANCE FOR THE
AFORESAID FISCAL YEAR WHICH IS REQUIRED BY CITY CHARTER SECTION
27; PROVIDING THAT THE FIXING OF THE MILLAGE AND THE LEVYING OF
TAXES HEREIN SHALL BE IN ADDITION TO SPECIAL ASSESSMENTS;
PROVIDING THAT THIS ORDINANCE SHALL BOTH BE DEEMED AS
REPEALING OR AMENDING ANY OTHER ORDINANCE FIXING MILLAGE OR
LEVYING TAXES, BUT SHALL BE DEEMED SUPPLEMENTAL AND IN
ADDITION THERETO; CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Gort, seconded by Commissioner Plummer, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Anderson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
76. PROPOSED FIRST READING ORDINANCE: MAKE APPROPRIATIONS
FOR FISCAL YEAR BEGINNING OCTOBER 1, 1997 AND ENDING
SEPTEMBER 30, 1998 FOR DOWNTOWN DEVELOPMENT AUTHORITY
(DDA).
Commissioner Gort: Move 60-B.
Commissioner Plummer: Second.
[At this point, the City Attorney read the ordinance into the public records.]
Mr. Walter J. Foeman (City Clerk): Roll call.
230 September 9, 1997
An Ordinance entitled -
AN ORDINANCE MAKING APPROPRIATIONS FROM THE DOWNTOWN
DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER
MISCELLANEOUS INCOME FOR THE DOWNTOWN DEVELOPMENT
AUTHORITY OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30, 1998;
AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTHORITY TO INVITE
AND ADVERTISE REQUIRED BIDS; PROVIDING FOR BUDGET FLEXIBILITY;
PROVIDING THAT THIS ORDINANCE BE DEEMED SUPPLEMENTAL AND IN
ADDITION TO THE ORDNANCE MAKING APPROPRIATIONS FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30, 1998 FOR
THE OPERATIONS FOR THE CITY OF MIAMI; CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
was introduced by Commissioner Gort, seconded by Commissioner Plummer, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
------------------------------------------------------------------------------------------------------------
77. DIRECT ADMINISTRATION TO DISTRIBUTE TO COMMISSIONERS
STATUS LETTER IN CONNECTION WITH NEGOTIATIONS WITH
SOCCER TEAM.
Mayor Carollo: This meeting is now adjourned.
Commissioner Plummer: Wait, wait, wait. Mr. Mayor. Mr. Manager, am I aware that you sent
a letter to me, yesterday?
Mr. Edward Marquez (City Manager): Yes, sir.
Commissioner Plummer: Can we have copies of that? I have no idea...
Mayor Carollo: Can I get a copy of that too, please?
Mr. Marquez: Yes, sir.
Commissioner Plummer: I would like to know what's going on.
231 September 9, 1997
11
•
Mr. Marquez: I was under the expression that it was distributed to everyone but I will make sure
you have it this evening.
Commissioner Plummer: I haven't seen it.
Vice Mayor Regalado: I did receive that in the office. So, I figured that...
Commissioner Plummer: Today?
Vice Mayor Regalado: Today.
Commissioner Plummer: Well, I... OK, I haven't
Mr. Marquez: My instructions were to distribute it to everyone.
Commissioner Plummer: OK, I haven't gone through my mail. Thank you, sir.
END OF DISCUSSION -- NO ACTION TAKEN
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 8:31 P.M.
JOE CAROLLO
MAYOR
ATTEST:
Walter Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
232 September 9, 1997