HomeMy WebLinkAboutCC 1997-09-23 MinutesPREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
WALTER J. FOEMAN
CITY CLERK
INDEX
MINUTES OF PLANNING & ZONING MEETING
September 23, 1997
ITEM SUBJECT LEGISLATION PAGE
NO. NO.
1. PRESENTATIONS DISCUSSION 1
9/23/97
2.
CITY MANAGER MARQUEZ ANNOUNCES
DISCUSSION
2-4
PRESS CONFERENCE TO ADDRESS "THE
9/23/97
MIAMI HERALD" ARTICLE OF SEPTEMBER
23, 1997, REGARDING CITY OF MIAMI
COMMISSION AND ADMINISTRATION ROLE
IN HANDLING FISCAL EMERGENCY -- SEE
LABEL 56.
3.
CONSENT AGENDA.
DISCUSSION
4-8
9/23/97
3.1.
AUTHORIZE FUNDING OF YOUTH
R 97-634
8
AMERICA,INC. -- ALLOCATE FUNDS $15,000
9/23/97
FROM LETF PROJECT 690003.
3.2.
AUTHORIZE FUNDING OF CRIME
R 97-635
8-9
PREVENTION PROGRAM -- ALLOCATE
9/23/97
FUNDS $100,000 FROM LETF PROJECT
690003.
3.3.
AUTHORIZE FUNDING OF LIBERTY CITY
R 97-636
9
OPTIMIST CLUB OF FLORIDA, INC. --
9/23/97
ALLOCATE FUNDS $25,000 FROM LETF
TRUST FUND.
3.4.
INCREASE CONTRACT WITH SOCIAL
R 97-637
9
SERVICE AGENCIES -- FOR VICTIM
9/23/97
ASSISTANCE COUNSELING SERVICES --
FOR POLICE -- ALLOCATE $7,980 FROM
VICTIMS OF CRIME ACTS GRANT FUNDS.
3.5.
EXECUTE REVOCABLE LICENSE WITH
R 97-638
10
SHAUNDA'S HAIR AND NAIL STUDIO, INC --
9/23/97
FOR HIAR AND NAIL CARE SERVICES AT
1390 NW 3 AVENUE.
3.6. ACCEPT DONATION OF ACER PENTIUM R 97-639
COMPUTER AND CANON PRINTER FROM 9/23/97
TOWING AGENCIES -- FOR POLICE
DEPARTMENT.
4. WAIVE PROHIBITION FOR RICHARD R 97-640
BUNNELL TO PROVIDE CONSTRUCTION 9/23/97
SERVICES TO REFURBISH DINNER KEY
MARINA.
5. (A) INSTRUCT CONE CONSTRUCTION TO M 97-641
COORDINATE PROJECT WITH THE CITY R 97-642
AND OTHER COMPANIES WORKING AT 9/23/97
DINNER KEY BOATYARD - MARINA DOCKS
PROJECT -- ADMINISTRATION TO MAINTAIN
COMPREHENSIVE PLAN.
(B) ACCEPT BID: CONE CONSTRUCTION,
INC. -- FOR DINNER KEY BOATYARD -
MARINA DOCKS H-1088 -- ALLOCATE FUNDS
$2,663,265 FROM CIP PROJECTS 418001 &
418406.
(C) COMMENTS REGARDING
PERFORMANCE OF SHAKE -A -LEG
PROGRAM.
6. PUBLIC HEARING: DISCUSS PROPOSED DISCUSSION
ROAD OPENING BY EXTENDING NORTH 9/23/97
BAYSHORE DRIVE BETWEEN 19 STREET
AND 20 TERRACE.
7. PERSONAL APPEARANCE: VIVIAN CRUCET DISCUSSION
TO ADVISE COMMISSION ABOUT LOT 9/23/97
CLEARING PROBLEM WITH EMPTY LOT
ADJACENT TO 28 AVENUE N.W AND 25
STREET (MELROSE TOWNHOMES)--
FURTHER DISCUSS EMPTY LOT CLEARING
PROCEDURES AND NEED TO EXPEDITE
PROCESS.
8. PERSONAL APPEARANCE BY MERCHANTS DISCUSSION
FROM CENTRAL SHOPPING PLAZA FOR 9/23/97
AMUSEMENT RIDES PERMIT -- SEE LABEL
44.
9. PROPOSED EMERGENCY ORDINANCE: ORDINANCE
AMEND CAPITAL IMPROVEMENT 11544
ORDINANCE 11337 FOR PRE -APPROVED 9/23/97
SCHEDULED CAPITAL IMPROVEMENT
PROJECTS (CIP) -- ESTABLISH NEW
CAPITAL PROJECTS TO BEGIN DURING FY
'96-97 -- SEE LABEL 11.
10
10-12
12-16
17-24
24-30
30-33
33-35
0
0
10.
DISCUSS PROPOSED EMERGENCY
DISCUSSION
35-36
ORDINANCE: ESTABLISH WAGESS (WORK
9/23/97
AND GAIN ECONOMIC SELF-SUFFICIENCY)
COALITION, REGION 23, DADE AND
MONROE COUNTIES, STATE DEPARTMENT
OF CHILDREN AND FAMILIES REVENUE
FUND -- APPROPRIATE $1,500,000 FROM
WORK AND GAIN ECONOMIC SELF-
SUFFICIENCY (WAGESS) COALITION GRANT
AWARD -- SEE LABEL 12.
11.
COMMENTS REGARDING THE NEED TO
DISCUSSION
36-37
CONTINUE TO PROMOTE MIAMI
9/23/97
POSITIVELY, LOCALLY AND
INTERNATIONALLY -- SEE LABEL 9.
12.
APPROVE PROPOSED EMERGENCY
ORDINANCE
38-40
ORDINANCE: ESTABLISH WAGES (WORK
11545
AND GAIN' ECONOMIC SELF-SUFFICIENCY)
9/23/97
COALITION, REGION 23, DADE AND
MONROE COUNTIES, STATE DEPARTMENT
OF CHILDREN AND FAMILIES REVENUE
FUND -- APPROPRIATE $1,500,000 FROM
WAGES COALITION GRANT AWARD -- SEE
LABEL 10.
13.
SECOND READING ORDINANCE: AMEND
ORDINANCE
40-41
SECTION 40-250 OF CODE: RIGHT TO
11546
REJECT MEMBERSHIP IN PENSION TRUST --
9/23/97
PROVIDE FOR CITY MANAGER TO
PARTICIPATE IN PUBLIC TRUST FUND --
FOR CITY TO PICK UP CONTRIBUTIONS.
14.
ESTABLISH MONEY PURCHASE
R 97-643
42
RETIREMENT PLAN FOR CITY MANAGER.
9/23/97
15.
APPROVE ACQUISITION OF AUTOMATIC
R 97-644
43-44
BACKUP AND RECOVERY SYSTEM -- FROM
9/23/97
B & L ASSOCIATES, INC. -- ALLOCATE
$86,250 FROM ACCT 001000.2661301.6.335
16.
APPROVE FINDINGS OF SELECTION
R 97-645
44-45
COMMITTEE -- FOR PROFESSIONAL
9/23/97
SERVICES FOR INTERACTIVE VOICE
RESPONSE SYSTEM.
17.
AUTHORIZE CITY MANAGER TO ACCEPT
R 97-646
45-47
$7,500 GRANT FROM STATE OF FLORIDA --
9/23/97
FOR REFURBISHMENT OF CITY HALL.
18.
PROPOSED FIRST READING ORDINANCE:
ORDINANCE
48-49
ESTABLISH NEW SPECIAL REVENUE FUND:
FIRST
MIAMI CITY HALL MASTER PLAN PROJECT
READING
GRANT -- APPROPRIATE $15,000.
9/23/97
19. APPROVE SUBLEASE AGREEMENT R 97-647
BETWEEN MIAMI SPORTS AND EXHIBITION 9/23/97
AUTHORITY AND GREATER MIAMI
CONVENTION AND VISITORS BUREAU --
FOR VISITORS CENTER AND
ADMINISTRATIVE OFFICES AT AVIATION
AND VISITORS CENTER AT WATSON
ISLAND.
20.
APPROVE SALE TO U.S. GENERAL
R 97-648
SERVICES ADMINISTRATION OF LOT 10 --
9/23/97
AUTHORIZE MANAGER TO EXECUTE
AGREEMENT BETWEEN CITY AND OFF-
STREET PARKING DEPARTMENT -- DIRECT
OFF-STREET PARKING TO SELL PROPERTY.
21.
AUTHORIZE FUNDING OF "DO THE RIGHT
R 97-649
THING" PROGRAM-- ALLOCATE $165,500
9/23/97
FROM POLICE LETF PROJECT 690002.
22.
ACCEPT BID: MARTIN'S LAMAR UNIFORMS --
R 97-650
FOR UNIFORM ACCESSORIES FOR
9/23/97
POLICE -- ALLOCATE $42,400 FROM ACCT.
001000.290201.6.075.
23.
ACCEPT BID: MARTIN'S LAMAR UNIFORMS --
R 97-651
FOR POLICE UNIFORMS -- ALLOCATE
9/23/97
$300,787 FROM ACCT.
001000.290201.1.6. 075.
24.
AUTHORIZE INCREASE OF $1,253.60 IN
R 97-652
CONTRACT BETWEEN CITY AND SOVERIGN
9/23/97
CONSTRUCTION GROUP, INC. -- FOR
WATER MAIN PROJECT, B-4585, CIP
PROJECT 331391 -- ALLOCATE COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS.
25.
DISCUSS / TABLE TO LATER IN SESSION
DISCUSSION
CONSIDERATION OF AGENDA ITEM 24
9/23/97
(OFFICE SPACE RENTAL AT DUPONT PLAZA
CENTER) -- SEE LABEL 42.
26.
(A) COMMENTS FROM MAYOR CAROLLO
DISCUSSION
REGARDING WITHDRAWAL OF AGENDA
9/23/97
ITEMS 14 AND 15: IMPROVEMENTS TO
WATERFRONT LAND.
(B) COMMENTS FROM COMMISSIONER
PLUMMER TO PLACE MORE RESOLUTIONS
ON CONSENT AGENDA.
49-50
50-51
51-52
52-53
54-57
60-61
140.3c3
•
27.
AUTHORIZE RENTAL OF OFFICE SPACE AT
R 97-653 63-67
DUPONT PLAZA CENTER ( 300 BISCAYNE
9/23/97
BOULEVARD WAY ) WITH BAYVIEW
ASSOCIATES, INC -- FOR NEIGHBORHOOD
JOBS PROGRAM -- ALLOCATE JTPA TITLE II -
A / TITLE II-C / TITLE III AND WAGESS / JTPA
PROGRAM FUNDS -- EXPLORE OTHER
ALTERNATIVES AT BELAFONTE TACOLCY
CENTER FOR OFFICE SPACE.
28.
APPROVE PURCHASE OF COMPUTERS /
R 97-654 67-69
SOFTWARE / SERVICES FROM VARIOUS
9/23/97
VENDORS -- FOR NEIGHBORHOOD JOBS
PROGRAM -- ALLOCATE $150,000 FROM
SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM, 23 YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS AND FROM WAGESS COALITION
REGION 23 DADE AND MONROE COUNTIES
DEPARTMENT OF CHILDREN AND FAMILIES
SPECIAL REVENUE FUND.
29.
COMMISSIONERS COMMENT ON NEED TO
DISCUSSION 69-71
RESEARCH DADE COUNTY'S PROCEDURE
9/23/97
TO DEAL WITH QUESTIONS FROM THE
PUBLIC ON ADMINISTRATIVE MATTERS
DURING COMMISSION MEETINGS.
30.
REFER NAMES PROFERRED IN
M 97-655 71-74
CONNECTION WITH POSSIBLE
9/23/97
CODESIGNATION OF STREETS TO
CODESIGNATION REVIEW COMMITTEE.
31.
DISCUSSION REGARDING STATUS OF
DISCUSSION 75-78
TELECOMMUNCIATIONS CABLE, INC.
9/23/97
TELEVISION FRANCHISE.
32.
DISCUSSION REGARDING INOPERABLE
DISCUSSION 78-79
STREET LIGHTS IN CITY.
9/23/97
33.
DISCUSS / DEFER CONSIDERATION OF
M 97-656 79-81
AGENDA ITEM 31 (APPOINTMENTS TO
9/23/97
MIAMI GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES/RETIREMENT
TRUST).
34.
DEFER APPOINTMENTS TO AFFIRMATIVE
DISCUSSION 82
ACTION ADVISORY BOARD -- SEE LABEL 40.
9/23/97
35.
DEFER APPOINTMNETS TO CITYWIDE
M 97-657 83-86
COMMUNITY DEVELOPMENT ADVISORY
9/23/97
BOARD EXCEPT FOR NAMES PROFERRED
BY COMMISSIONER GIBSON AND VICE
MAYOR REGALADO -- SEE LABEL 39.
•
•
36.
DISCUSS BRIEFLY APPOINTMENT OF SKY
DISCUSSION
SMITH TO COCONUT GROVE STANDING
9/23/97
FESTIVAL COMMITTEE -- SEE LABEL 41.
37.
DIRECT CITY MANAGER TO MAKE RENTAL
R 97-658
ASSISTANCE PAYMENT FOR CLIENTS
9/23/97
ENROLLED IN CHRISTIAN COMMUNITY
SERVICE AGENCY HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS
/ LONG TERM PROVIDER HOUSING
ASSITANCE PROGRAM -- ALLOCATE FUNDS
FROM 1995 AND 1996 HOPWA PROGRAMS.
38.
APPOINT BEVERLY PRESS TO HOPWA
R 97-659
(HOUSING OPPORTUNITES FOR PERSONS
9/23/97
WITH AIDS) ADVISORY BOARD.
39.
APPOINT MARIO PESTONIT AND MARIO
R 97-660
GUTIERREZ TO CITYWIDE COMMUNITY
9/23/97
DEVELOPMENT ADVISORY BOARD -- SEE
LABEL 35.
40. DEFER APPOINTMENTS TO AFFIRMATIVE DISCUSSION
ACTION ADVISORY BOARD -- SEE LABEL 34. 9/23/97
41. APPOINT SYLVIA MORALES-CEJAS / GLEN R 97-661
DISTON / TED STAHL / SKY SMITH TO 9/23/97
COCONUT GROVE STANDING FESTIVAL
COMMITTEE -- SEE LABEL 36.
42. BRIEFLY DISCUSS / DEFER APPOINTMENTS DISCUSSION
TO CODE ENFORCEMENT BOARD. 9/23/97
43. AUTHORIZE CITY MANAGER TO ENTER R 97-662
INTO MANAGEMENT AND OPERATIONS 9/23/97
AGREEMENT WITH GLOBE FACILITY
SERVICES -- FOR PROFESSIONAL
SERVICES FOR MANAGEMENT /
OPERATION / MAINTENANCE OF MIAMI
CONVENTION CENTER -- SEE LABEL 25.
44. AUTHORIZE AMUSEMENT RIDES AT R 97-663
CENTRAL SHOPPING PLAZA WITH 9/23/97
CONDITIONS -- FROM OCTOBER 23
THROUGH NOVEMBER 2, 1997 -- SEE LABEL
8.
45. ACCEPT PLAT: BAYSHORE PALMS
E3�
87-88
w
IN
91-93
93-94
94-95
R 97-664 97-98
9/23/97
46. DISCUSS REQUEST FROM BETTER WAY OF DISCUSSION 98-101
MIAMI, INC. -- FOR CHANGE IN ZONING 9/23/97
DESIGNATION FROM C-1 TO C-2 -- TO
OPERATE A THRIFT SHOP STORE AT A
PROPOSED SIGHT NEAR 79 STREET.
•
0
47.
AMEND R97-370 -- AWARD TO MINOLTA
R 97-665
102-103
BUSINESS SYSTEMS, INC.
9/23/97
LEASE/PURCHASE OF MICROFILM READER
PRINTER FOR BUILDING AND ZONING
DEPARTMENT.
48.
AMEND R97-183 -- EXTEND DEADLINE TO
R 97-666
103-106
NOVEMBER 30, 1997 -- FOR YOUTH
9/23/97
SERVING ORGANIZATIONS OPERATING
PROGRAMS IN CITY PARKS TO CONDUCT
FUND RAISING EVENTS.
49.
(A) APPOINT MERTIS McCANTS TO
R 97-667
106-109
PLANNING ADVISORY BOARD.
M 97-668
(B) READVERTISE FOR APPOINTMNETS TO
9/23/97
PLANNING ADVISORY BOARD.
50.
APPOINT SEVERAL INDIVIDUALS TO
R 97-669
109-111
WATERFRONT ADVISORY BOARD.
9/23/97
51.
CITY ATTORNEY SCHEDULES ATTORNEY-
DISCUSSION
111-112
CLIENT SESSION FOR OCTOBER 14, 1997
9/23/97
AT 8 A.M. -- FOR DISCUSSION OF
POTTINGER CASE.
52.
CITY ATTORNEY INFORMS
DISCUSSION
112-113
COMMISSIONERS OF STATUS OF PENDING
9/23/97
LITIGATION WITH DISQUALIFIED
CANDIDATES FOR PUBLIC OFFICE: MOLINA
AND BRYANT.
53.
INSTRUCT CITY ATTORNEY TO MEET WITH
DISCUSSION
113
OUTSIDE COUNSEL REGARDING
9/23/97
POTENTIAL CITY CLAIMS AGAINST
DELOITTE & TOUCHE.
54.
INSTRUCT CITY ATTORNEY TO PURSUE
M 97-670
113-118
COUNTERCLAIMS FOR DAMAGES AND
9/23/97
FEES CONCERNING DINNER KEY
BOATYARD TENANTS SUING CITY.
55.
PROCLAMATION: MARIA IZQUIERDO DAY -
DISCUSSION
118
SEPTEMBER 24, 1997.
9/23/97
56.
MAYOR CAROLLO READS LETTER FROM
DISCUSSION
118-119
PRESIDENT OF BELL SOUTH OF FLORIDA
9/23/97
REGARDING STATE OF CITY -- SEE LABEL 2.
57.
AMEND ESCROW AGREEMENT BETWEEN
R 97-671
119-121
CITY / FIRST UNION NATIONAL BANK /
9/23/97
OVERSIGHT BOARD --AUTHORIZE CITY
MANAGER TO EXECUTE AMENDMENTS.
•
58.
PROPOSED EMERGENCY ORDINANCE:
ORDINANCE 121-122
AMEND ORDINANCE 11463 ESTABLISHING
11547
LOCAL LAW ENFORCEMENT BLOCK GRANT
9/23/97
PROGRAM -- INCREASE APPROPRIATIONS
BY $3,615,800 -- ACCEPT U.S. JUSTICE
DEPARTMENT GRANT FOR $3,254,220 AND
MATCHING FUNDS FROM POLICE GENERAL
OPERATING BUDGET FOR $361,580.
59.
AUTHORIZE CITY MANAGER TO EXECUTE
R 97-672 123-125
AGREEMENT FOR ROLLING STONES
9/23/97
CONCERT AT ORANGE BOWL ON
DECEMBER 5, 1997.
60.
BRIEFLY DISCUSS / REQUEST UPDATE OF
DISCUSSION 125-126
MANAGEMENT OF OFF-STREET PARKING
9/23/97
DEPARTMENT BY NEXT CITY COMMISSION
MEETING.
61.
BRIEFLY DISCUSS / REQUEST UPDATE
DISCUSSION 126-129
CONCERNING NEGOTIATIONS WITH MAJOR
9/23/97
LEAGUE SOCCER TO PLAY AT ORANGE
BOWL.
62.
PROPOSED SECOND READING
ORDINANCE 129-131
ORDINANCE: AMEND ORDINANCE 10544 --
11548
AMEND COMPREHENSIVE NEIGHBORHOOD
9/23/97
PLAN BY AMENDING FUTURE LAND USE
MAP -- CHANGE LAND USE DESIGNATION
AT 1200 & 1250 S.W. 27 AVENUE AND 2728
S.W. 12 STREET -- FROM OFFICE TO
RESTRICTED COMMERCIAL -- APPLICANT:
OMNISPHERE CORP & FRANCISCO VALDES.
63.
PROPOSED SECOND READING
ORDINANCE 131-133
ORDINANCE: AMEND ORDINANCE 11000,
11549
ARTICLE 4, SECTION 401 SCHEDULE OF
9/23/97
DISTRICT REGULATIONS -- FROM O-OFFICE
TO C-1 RESTRICTED COMMERCIAL --
LOCATION: 1200 & 1250 S.W. 27 AVENUE
AND 2728 S.W. 12 STREET -- APPLICANT:
OMNISPHERE CORP & FRANCISCO VALDES.
64.
PROPOSED SECOND READING
ORDINANCE 133-134
ORDINANCE: AMEND ORDINANCE 10544 --
11550
AMEND MIAMI COMPREHENSIVE
9/23/97
NEIGHBORHOOD PLAN BY AMENDING
LAND USE MAP - CHANGE LAND USE
DESIGNATION FROM DUPLEX RESIDENTIAL
TO RESTRICTED COMMERCIAL --
LOCATION: 2600 AND 2602 N.W. 3 STREET --
APPLICANT: ISLAS CANARIAS
RESTAURANT, INC.
•
•
65. PROPOSED SECOND READING
ORDINANCE
ORDINANCE: AMEND ZONING ORDINANCE
11551
11000, ARTICLE 4, SECTION 401 FROM R-2
9/23/97
TWO-FAMILY RESIDENTIAL TO C-1
RESTRICTED COMMERCIAL -- LOCATION:
2600 AND 2602 N.W. 3 STREET --
APPLICANT: ISLAS CANARIAS
RESTAURANT, INC.
66. PROPOSED FIRST READING ORDINANCE:
ORDINANCE
AMEND ZONING ORDINANCE 11000,
FIRST
ARTICLE 7, HP HISTORIC PRESERVATION
READING
OVERLAY DISTRICTS -- FROM R-3
9/23/97
MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL TO R-3 MULTIFAMILY MEDIUM
DENSITY RESIDENTIAL AND HP HISTORIC
PRESERVATION OVERLAY DISTRICTS TO
CHANGE ZONING ATLAS -- LOCATION: 1548
BRICKELL AVENUE (THE GEORGE NOLAN
HOUSE) -- APPLICANT: GEORGE E. NOLAN
ET AL.
67. CONTINUE TO MEETING OF OCTOBER 28,
M 97-673
1997 CONSIDERATION OF AGENDA ITEMS
9/23/97
PZ13 (AMEND ARTICLE 6 OF ZONING
ORDINANCE 11000) AND PZ14 (AMEND
ARTICLE 9 OF ZONING ORDINANCE 11000).
135
136-137
138-139
•
•
68.
DISCUSS TENTATIVE BUDGET FOR FISCAL
M 97-674 139-176
YEAR 1997-1998 -- SECOND PUBLIC
M 97-675
HEARING:
M 97-676
A. DISCUSS CAPITAL IMPROVEMENTS
9/23/97
NEEDED FOR BAYFRONT PARK -- DIRECT
ADMINISTRATION TO UPGRADE LOT
CLEARING PROGRAM.
B. DIRECT ADMINISTRATION TO KEEP
REVENUES FROM PROPERTY SALES IN
INTEREST BEARING ACCOUNTS -- DISCUSS
PROPOSED REDUCTIONS.
C. DISCUSS PRIVATIZATION OF SOLID
WASTE FUNCTION -- FURTHER DISCUSS
NET RESULT OF REPROGRAMMED
COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS.
D. AUTHORIZE / DIRECT CITY MANAGER
TO DOUBLE CAPITAL IMPROVEMENT
FUNDS PRESENTLY ALLOCATED TOWARD
FIREFIGHTING EQUIPMENT.
E. INSTRUCT CITY MANAGER TO
IDENTIFY FUNDS FOR PURCHASE OF INFRA
RED FIRE HELMETS FOR FIRE -RESCUE --
FURTHER DISCUSS AND APPROVE
PROPOSED CHANGES TO CITY BUDGET --
INCORPORATE PARKS IMPROVEMENTS TO
BUDGET.
F. PROVIDE COMMISSIONERS WITH
BREAKDOWN OF STAFF REDUCTIONS.
G. DISCUSS BENEFIT OF FIXING
EQUIPMENT IN-HOUSE.
H. PROVIDE COMMISSIONERS WITH
STATUS REPORT ON ENVIRONMENTAL
PROBLEMS IN CONNECTION WITH F.E.C. /
BICENTENNIAL PROPERTY.
I. DIRECT CITY ATTORNEY TO MEET
WITH ALBIO CASTILLO.
J. DIRECT CITY MANAGER TO EARMARK
ORANGE BOWL EXTRA REVENUES FOR
OPERATIONS OF PARKS -- SEE LABEL 74.
69.
PROPOSED SECOND READING
ORDINANCE 177-179
ORDINANCE: DEFINE / DESIGNATE
11552
TERRITORIAL LIMITS -- FOR TAXATION /
9/23/97
FIXING MILLAGE / LEVYING TAXES IN CITY
FOR FISCAL YEAR 1997-1998.
70.
PROPOSED SECOND READING
ORDINANCE 179-180
ORDINANCE: MAKE APPROPRIATIONS FOR
11553
FISCAL YEAR ENDING SEPTEMBER 1998.
9/23/97
71.
PROPOSED SECOND READING
ORDINANCE 180-182
ORDINANCE: DESIGNATE TERRITORIAL
11554
LIMITS OF DOWNTOWN DEVELOPMENT
9/23/97
DISTRICT OF CITY -- FOR FIXING MILLAGE /
LEVYING TAXES FOR FISCAL YEAR 1997-
1998.
!
0
72.
PROPOSED SECOND READING
ORDINANCE
182-183
ORDINANCE: MAKE APPROPRIATIONS FOR
11555
FISCAL YEAR ENDING SEPTEMBER 1998 --
9/23/97
FOR DOWNTOWN DEVELOPMENT
AUTHORITY OF CITY.
73.
APPROVE / ADOPT ANNUAL BUDGET OF
R 97-677
183-185
OFF-STREET PARKING DEPARTMENT -- FOR
9/23/97
FISCAL YEAR 1997-1998 -- FOR $7,157,298.
74.
CONTINUED / COMMENTS REGARDING
DISCUSSION
185
POSSIBILITY TO DELETE FIRE FEE ON
9/23/97
COMMERCIAL PROPERTIES.
75.
APPROVE / ADOPT ANNUAL BUDGET FOR
R 97-678
186-187
GUSMAN CENTER, PERFORMING ARTS AND
9/23/97
OLYMPIA BUILDING -- FOR FISCAL YEAR
1997-1998 -- FOR $675,525.
76.
DISCUSS / CONTINUE TO MEETING OF
DISCUSSION
187-191
OCTOBER 28, 1997 CONSIDERATION OF
9/23/97
AGENDA ITEM PZ1 (OFFICIAL VACATION
AND CLOSURE OF PUBLIC WITH -OF -WAY --
LOCATION: 1695 N.W. 9 AVENUE --
APPLICANT: JACKSON MEMORIAL
HOSPITAL) -- FURTHER DISCUSS
POSSIBILITY OF WAIVING RESCUE FEE FOR
TWO YEARS.
77.
DISCUSS / CONTINUE TO MEETING OF
M 97-679
191-196
OCTOBER 28, 1997 CONSIDERATION OF
9/23/97
AGENDA ITEM PZ-2 (APPEAL OF ZONING
BOARD DECISION WHICH DENIED
VARIANCE TO PERMIT A REAR YARD
SETBACK -- LOCATION: 1273 N.W. 24
STREET -- APPLICANT: JULIAN GARCIA).
78.
GRANT APPEAL OF HISTORIC AND
R 97-680
197-199
ENVIRONMENTAL PRESERVATION
9/23/97
BOARD -- FOR CONSTRUCTION OF CORAL
ROCK WALL -- LOCATION: 3041 OAK
AVENUE -- APPLICANT: FLECK &
ASSOCIATES INC.
79.
GRANT MAJOR USE SPECIAL PERMIT FOR
R 97-681
199-202
BRICKELL BAY PLAZA PLANNED UNIT
9/23/97
DEVELOPMENT -- LOCATION: AT
APPROXIMATELY, 1201 BRICKELL
AVENUE -- APPLICANT: TIBOR HOLLO FOR
BRICKELL BAY PLAZA.
80. CONTINUE TO MEETING OF OCTOBER 28,
DISCUSSION
1997 CONSIDERATION OF AGENDA ITEM PZ-
9/23/97
9 (SECOND READING ORDINANCE TO
AMEND CHAPTER 4 OF CODE TO ADD
EXCEPTION FOR ALCOHOL BEVERAGE
ESTABLISHMENT USES WHICH PRECEDE
SCHOOLS OR CHURCHES), AND PZ-10
(SECOND READING ORDINANCE TO AMEND
ARTICLE 11, SECTION 1101.5 OF ZONING
ORDINANCE 11000 -- FOR EXCEPTION
CLAUSE FOR ALCOHOL BEVERAGE
ESTABLISHMENT USES WHICH PRECEDE
SCHOOLS OR CHURCHES).
81. PROPOSED FIRST READING ORDINANCE:
ORDINANCE
AMEND ARTICLE 6, SECTION 602, COCONUT
FIRST
GROVE CENTRAL COMMERCIAL DISTRICT,
READING
OF ZONING ORDINANCE 11000 -- MODIFY
9/23/97
SECTION 602.10.4, OFF -SITE PARKING, TO
INCLUDE / CORRECT / CLARIFY CERTAIN
LANGUAGE IN SECTION -- APPLICANT:
PLANNING & DEVELOPMENT.
82. PROPOSED FIRST READING ORDINANCE:
ORDINANCE
AMEND ZONING ORDINANCE 11000 --
FIRST
AMEND ARTICLE 6, SECTION 602.11 --
READING
MODIFY SIGN REGULATIONS FOR SD-2
9/23/97
COCONUT GROVE CENTRAL COMMERCIAL
DISTRICT -- APPLICANT: PLANNING &
DEVELOPMENT.
203-205
205-207
207-208
L]
•
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 23rd 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 9:18 a.m. by Mayor Joe Carollo with the following
members of the Commission found to be present:
ALSO PRESENT:
Mayor Joe Carollo
Vice Mayor Tomas Regalado
Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner 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
An invocation was delivered by Mayor Carollo who then led those present in a pledge of
allegiance to the flag.
NOTE FOR THE RECORD: Prior to the beginning of the meeting,
Administration had withdrawn the following agenda items: 11, 12,
14, 15, and 30.
1. PRESENTATIONS:
1. SALUTE TO MICHELLE MINAGORRI - MISS HISPANIDAD 1997
2. COMMENDATIONS FOR POLICE OFFICER OF THE MONTH:
OFFICER JONATHAN YAVNEH, MONTH OF JUNE 1997
OFFICERS ALFREDO ALVAREZ AND JOSE ALVAREZ, MONTH OF
JULY 1997
DETECTIVE JAMES BITTAR, MONTH OF AUGUST 1997
3. CITY OF MIAMI POLICE COMMUNICATIONS SECTION,
EMERGENCY 911 - COMMENDATION
September 23, 1997
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2. CITY MANAGER MARQUEZ ANNOUNCES PRESS CONFERENCE TO
ADDRESS "THE MIAMI HERALD" ARTICLE OF SEPTEMBER 23, 1997,
REGARDING CITY OF MIAMI COMMISSION AND ADMINISTRATION
ROLE IN HANDLING FISCAL EMERGENCY -- SEE LABEL 56.
Mayor Carollo: OK. The consent agenda are items CA-1 through CA-7.
Mr. Edward Marquez (City Manager): Mr. Mayor, excuse me, sir.
Mayor Carollo: Yes, Mr. Manager.
Mr. Marquez: I'm going to ask the City Commission's indulgence. I'm going to ask Bob
Nachlinger and Aaron Weeks to handle the meeting on my behalf this morning. At one o'clock
this afternoon, I'm planning to hold a press conference over at the MRC (Miami Riverside
Center) to discuss this morning's Miami Herald article. This Commission has worked too hard
too long, and has provided this Administration excellent political leadership in order to address
the City's problems. And I believe that the Herald article this morning was unfair, and I want to
address that issue, and I want to address the responsibilities of the Sunshine Law.
Mayor Carollo: Mr. Manager, with all due respect, I think that the Herald reported in the article
what was given to them. So I think that this is one case that is not bashing by the Herald,
because they actually only did report what was given to them. I think the problem lies with a
key individual or a couple of individuals that didn't quite explain themselves correctly, so that
others could have understood what they were trying to say.
Mr. Marquez: We will have comments from those individuals at the one o'clock meeting.
Mayor Carollo: Thank you.
Vice Mayor Regalado: I would like to remind you, Mr. Manager, to agree with the part of the
article, because I don't know... I haven't seen the draft. But, yes, you have to agree with the part
talking about the image of the City of Miami. But also, you should remind the members of
those... of that group, that blue ribbon committee that the problem of South Florida is one of
image. Because if we go to Mr. Ira Clark, we are told that the Jackson Memorial Hospital is one
of the best hospitals throughout the southeast United States. And yet, I talk to the people every
day in the streets, and I talk with the people on my radio program, and the image of Jackson
Memorial Hospital is not good. Because you have to wait... if you are poor, you have to wait
eight to ten hours to see a doctor - which, by the way, the doctors are very good - while Mr. Ira
Clark gets a salary of more than four hundred thousand dollars ($400,000) of the taxpayers'
money. Now, if you run down U.S. 1, the image of the University of Miami is not that good,
either, because it's seen by the people as an elitist university where poor have no access. So, you
know, I think that Mr. Clark and Mr. Foote should address their image problem, too, because this
City has been working very hard in the past year to get out of the hole in which it was left. So I
just hope that Mr. Clark and Mr. Foote will look within them when they talk. You can't throw
stones when you have a glass house.
Mr. Marquez: Yes, sir. Thank you.
Commissioner Plummer: You know, let me tell you, Mr. Manager, first of all, I want you to
make sure that at your press conference today, you make it absolutely clear that it's the Manager
2 September 23, 1997
speaking, and not for the City Commission, because I have no idea what you're going to say.
Second of all, I can't help but wonder - and I can say this, because I'm not running this year,
OK? - how political is this thing in its sudden delivery right before election, and more so, that
they're talking of a final report October the 20th. I think somebody needs to look to see whether
this might have some political motivation or insight. It just... It's too coincidental, in my
estimation, to say that it wasn't in some way dropped at the right time. Maybe I'm wrong, but I
guess I've been around too long and seen how things work. And I just have to say that I think
that that committee should absolutely consider that that final report not in any way be used as
fodder for a political election on November the 4th. So you take that for what it's worth.
Mr. Marquez: I have expressed those comments to the blue ribbon task force, and I will carry it
back with a strong message.
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Commissioner, go ahead.
Commissioner Gort: My understanding, from what I read this morning... I have not seen the
report we got on Friday, but most of the things they quoted, I think we have worked on it, and we
are working on the other ones. And I think you should stress that when you have your press
conference.
Mr. Marquez: Absolutely.
Commissioner Gort: All the things that we have done, and all the changes that we have made
within the Administration.
Mr. Marquez: There's a whole laundry list of accomplishments from this Commission, from this
Administration over the past year that has to be announced.
Mayor Carollo: Well, like accomplishing more in one year than this City has in the last ten
years. I'll leave that for another time, Mr. Manager, but let me do compliment you for...
according to the first page of the report that said that basically the hope was the professional
administration that we have, and your professionalism. However, they forgot that it was us up
here that went out and found you, and hired you, and brought you in. So...
Mr. Marquez: It's a strong political leadership in the aggregate that allows a professional
management to exist. You can stifle it very easily, but you don't... you choose not to.
Mayor Carollo: So if we're going to be given the blame for the sins of the past, before a
majority of us were here, then we should be given credit for what this Commission as a whole, in
great part, thanks to the help, the unified help of the employees of the City of Miami, that
without them, we could not have done it, and we should be given credit for what we
accomplished this year, which is tremendous. That's probably one of the biggest stories that's
out there, anywhere in the country. And unfortunately, because this Administration, this
Commission, all the City employees have been too busy moving this City forward by leaps and
bounds, after we stabilized the mess that was left to us, we haven't had the time to be patting
ourselves on the back, sending the press releases, like most other major cities would have done,
and putting out the story of how we were able to stop Miami, if I could use the Herald's favorite
expression - which is wrong - from going into the brink. The City of Miami is in more of a
sound, solid financial shape than it's ever been, and the future... with a future that's brighter than
most major American cities have. The growth that we have coming to the City of Miami is
tremendous. Yesterday, I met with the president of one of the top hotel chains in the country
that's coming and building in Miami. Tomorrow, I meet with another president of another top
3 September 23, 1997
five-star hotel chain that's building another hotel in Miami, and wants to build more. We have
over 3,000 new hotel rooms that are going to be constructed in the City of Miami between now
and next year, that are going to bring over 5,000 jobs to the City of Miami. Over two and a half
billion dollars worth of new construction is coming to the City of Miami. The kind of projects
that we have approved already this year, the many more that are coming, if the business
community did not have trust in this City and in the way the City is being run now, by the
Commission, by the Administration, you wouldn't be seeing any of that. And the reason you're
seeing it is just because they know that it's a new era in Miami, that it's not business as usual
like in the past. So Mr. Manager, you go ahead and handle your press conference. As the
Commissioner stated, you will be speaking for yourself, for the Administration and not for this
Commission. Thank you.
Mr. Marquez: Understood, sir. Thank you.
3. CONSENT AGENDA.
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Commissioner Plummer: Are we on the consent agenda?
Mayor Carollo: We are on the consent agenda. CA-1 to CA-7.
Commissioner Plummer: All right.
Mayor Carollo: Before we let any members of the public express themselves on the consent
agenda, do any members of the Commission wish to address this body?
Commissioner Gibson: I do.
Commissioner Plummer: I would like CA... Oh, I'm sorry.
Mayor Carollo: Excuse me.
Commissioner Gibson: Go ahead.
Commissioner Plummer: On the consent agenda?
Mayor Carollo: Yes, consent agenda.
Commissioner Plummer: Yeah. I'd like to pull CA-7.
Mayor Carollo: OK. CA-7 is being pulled on the consent agenda.
Commissioner Gibson: I was going to make a statement that I was... I am... was on the Public
Health Trust, and I was going to talk about 7. However, I also want to talk about CA-1.
Mayor Carollo: OK.
Commissioner Plummer: Well, the rule of thumb, normally, when a Commissioner pulls an item
off the consent, it's automatically scheduled for the next meeting as a regular agenda item.
Mayor Carollo: That's correct. CA-1?
4 September 23, 1997
Commissioner Gibson: Yes. I have a little concern about the Youths of America only getting
fifteen thousand ($15,000).
Commissioner Plummer: Put it off till the next meeting.
Commissioner Gibson: With the work they do in that area...
Commissioner Gort: That was upgraded.
Commissioner Gibson: Huh? It was upgraded? I hope so.
Mayor Carollo: Yes.
Commissioner Gibson: Because they do a great job in that community, and when I look at
their...
Mayor Carollo: That's my understanding from the Chief that that's been upgraded.
Commissioner Gibson: I was really concerned about just getting fifteen thousand dollars
($15,000) for that group.
Chief Donald Warshaw (Chief of Police): Commissioner, when we prepared this particular item,
it was before the last Commission. It was during the summer when we had received... before we
had received the additional monies that we got from the Law Enforcement Trust Fund. So we
had put this through for fifteen thousand along with some of the others. But I had assured the
group that there would be more money coming. So this item had already gone through. I think
their original request was for thirty thousand. And the other fifteen thousand is available. We
just have to, you know, put another item through. If you want to increase it, it's not a problem.
Commissioner Gibson: To be added...
Mayor Carollo: OK. So this is part, then.
Chief Warshaw: Yes, sir.
Mayor Carollo: Now, can you increase it based on the way the system works of the monies, the
way you have them allocated, the way they're coming in, or not?
Chief Warshaw: Well, at the time they made their request along with these other requests, we
didn't have that almost three million dollars ($3,000,000) that we got. So we cut many of the
requests back. Since that time, we got those additional monies, so we would, in effect, have to
do another item, probably, in October.
Mayor Carollo: Well, OK. Can...
Chief Warshaw: Yeah, they can increase it now.
Mayor Carollo: Can you bring it then back in October, so that we could deal with it in October
for the second part? This will be the first part we give, and then you bring the second half in
October.
Chief Warshaw: That's no problem.
5 September 23, 1997
Commissioner Gort: Mr. Mayor, we have the Chief there on this thing, I'd like to get a copy of
all the programs we're funding and what are they doing. In other words, what's the performance
and what is the...
Chief Warshaw: Yes. We're putting that together for you. I know you had asked for that. We
will.
Commissioner Gort: OK. Thank you.
Commissioner Gibson: Thank you.
Mayor Carollo: Any other items that the Commission would wish to address from the consent
agenda?
Commissioner Plummer: Put CA-7 to the next agenda.
Mayor Carollo: OK. Two minutes, sir.
Mr. Manuel Gonzalez-Goenaga: Good morning, citizens of Miami. My name is Manuel
Gonzalez-Goenaga, and I am speaking here as with my private hat, and not as the... one of the
advisors of the future Commissioner, Mariano Cruz, on the Allapattah and Wynwood area.
Mayor Carollo: Excuse me, Mr. Gonzalez-Goenaga, If I may address your private hat. I have
no problems with you addressing this body with either one of your hats, but I want to make sure
that whatever you address this body on relates strictly to any item that's here.
Mr. Gonzalez-Goenaga: Yeah, but I just wanted to make sure that I am speaking in my private
hat, as an individual.
Mayor Carollo: Well, that's up to you, sir. But what I want to make sure is that whatever you
address this body on would be strictly on any of the items that are before us now.
Mr. Gonzalez-Goenaga: I am not going to speak on 7 because it has been withdrawn. On... I
will be speaking on 2, 4 and 6, and crime prevention program. We have had crime prevention
programs here for many, many times during the previous Administration. We must learn from
our bad previous mistakes. And I think we should start also a crime prevention program within
the Police Department. Political... I mean abuse, because they must set the example. And we
have had a lot, and recently happy triggers is the custom, rather than the exception. And I would
like to hear what has been done with the sensitivity courses that was... we paid three hundred
thousand dollars ($300,000) to have the sensitivity course to all the policemen and review during
Miller Dawkins' time, and I haven't seen that report. And then on CA-4, victims assistance. I
have been a victim here many times, and I have never been assisted by anything. And here,
accepting the donation of the computer and printing. The more donations we get, but what's the
use, if it will lead... and this is a question. Will this donation help identify when we are at... any
citizen is arrested, and we are given...
Mayor Carollo: Your time is up up, Mr. Goenaga.
Mr. Gonzalez-Goenaga: Yeah, but let me tell you, if you are not going to pay attention... this is
extremely material.
Mayor Carollo: We're paying attention, but your time is up. You have two minutes. I'm sorry.
Cut it off, please. Thank you.
6 September 23, 1997
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Carollo: Mr. Goenaga, we have guidelines for everybody. Mariano, two minutes.
Mr. Mariano Cruz: Mariano Cruz, 1227 26th Street. Since item 7 was pulled, I'll give my time
to Mr. Goenaga, the two minutes.
Mayor Carollo: No. This is not that you give your time to anybody. You have two minutes, he
had two minutes.
Mr. Cruz: OK. Well, but it's been done here before, and I will monitor that issue from now on.
Mayor Carollo: Excuse me?
Mr. Cruz: If... That's not the point. I've seen here people come and at the County Commission,
and they speak six, seven minutes, and the other people say, no, I give my time to the
spokesperson.
Mayor Carollo: This is not the County Commission, sir. This is the City Commission.
Mr. Cruz: Or the City Commission Board.
Mayor Carollo: If you want to do that, you go to the County Commission. You could do it
there.
Mr. Cruz: No, but it has been done here in the City Commission.
Mayor Carollo: Well, no, that's not the way we do it here. Never have done it here this way.
Mr. Cruz: Oh, yeah, it was done before here. When Camillus House issue was here, I spoke.
Mayor Carollo: You could address Camillus House with one of the directors of Camillus House.
Mr. Cruz: No, no, I don't have to address it, because I will be addressing the Jackson issue,
probably PZ-1, since it is also a Jackson issue, PZ-1.
Mayor Carollo: Very good. OK. Thank you.
Commissioner Plummer: Mr. Mayor, I move the consent agenda, as amended, be approved.
Mayor Carollo: There's a motion. There's a motion to move the consent agenda. Is there a
second?
Commissioner Gibson: Second.
Mayor Carollo: Second by Commissioner Gibson. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
7 September 23, 1997
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, IT WAS DETERMINED THAT ANY CONSENT
AGENDA ITEM, WHICH IS PULLED BY A GIVEN
COMMISSIONER FROM THE CONSENT AGENDA FOR
FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE
AUTOMATICALLY DEFERRED AND SCHEDULED, AS A
REGULAR ITEM, ON THE NEXT AVAILABLE AGENDA.
THEREUPON MOTION DULY MADE BY
COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER GIBSON, THE CONSENT AGENDA
ITEMS WERE PASSED 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
3.1. AUTHORIZE FUNDING OF YOUTH AMERICA,INC. -- ALLOCATE FUNDS
$15,000 FROM LETF PROJECT 690003.
RESOLUTION NO. 97-634
A RESOLUTION AUTHORIZING THE FUNDING OF YOUTH OF
AMERICA, INC., IN THE AMOUNT OF $15,000; ALLOCATING
FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST
FUND, PROJECT NO. 690003, SUCH EXPENDITURE 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.)
3.2. AUTHORIZE FUNDING OF CRIME PREVENTION PROGRAM -- ALLOCATE
FUNDS $100,000 FROM LETF PROJECT 690003.
RESOLUTION NO. 97-635
A RESOLUTION AUTHORIZING THE FUNDING OF THE CRIME
PREVENTION PROGRAM, IN AN AMOUNT NOT TO EXCEED
$100,000; 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.
8 September 23, 1997
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.3. AUTHORIZE FUNDING OF LIBERTY CITY OPTIMIST CLUB OF FLORIDA,
INC. -- ALLOCATE FUNDS $25,000 FROM LETF TRUST FUND.
RESOLUTION NO. 97-636
A RESOLUTION AUTHORIZING THE FUNDING OF THE LIBERTY
CITY OPTIMIST CLUB OF FLORIDA, INC., IN THE AMOUNT OF
$25,000; ALLOCATING FUNDS THEREFOR FROM THE LAW
ENFORCEMENT TRUST FUND, 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.)
3.4. INCREASE CONTRACT WITH SOCIAL SERVICE AGENCIES -- FOR VICTIM
ASSISTANCE COUNSELING SERVICES -- FOR POLICE -- ALLOCATE $7,980
FROM VICTIMS OF CRIME ACTS GRANT FUNDS.
RESOLUTION NO. 97-637
A RESOLUTION INCREASING THE CONTRACT WITH
INDIVIDUALS OR CERTIFIED SOCIAL SERVICE AGENCIES, IN
THE TOTAL AMOUNT OF $7,980.08, FROM $30,411.00 TO
$38,391.08, FOR THE PROVISION OF VICTIM ASSISTANCE
COUNSELING SERVICES FOR THE DEPARTMENT OF POLICE;
ALLOCATING FUNDS THEREFOR FROM VICTIMS OF CRIME
ACT GRANT FUNDS; FURTHER AMENDING RESOLUTION NO.
96-662, ADOPTED SEPTEMBER 12, 1996 TO REFLECT SAID
INCREASE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
9 September 23, 1997
0
3.5. EXECUTE REVOCABLE LICENSE WITH SHAUNDA'S HAIR AND NAIL STUDIO,
INC -- FOR HIAR AND NAIL CARE SERVICES AT 1390 NW 3 AVENUE.
RESOLUTION NO. 97-638
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A REVOCABLE LICENSE ("LICENSE"), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SHAUNDA'S
HAIR AND NAIL STUDIO, INC., FOR THE USE OF
APPROXIMATELY 1,167 SQUARE FEET OF SPACE IN THE
OVERTOWN SHOPPING CENTER, LOCATED AT 1390
NORTHWEST 3RD AVENUE, SPACE 111, MIAMI, FLORIDA, TO
ALLOW LICENSEE TO PROVIDE HAIR AND NAIL CARE
SERVICES TO THE OVERTOWN COMMUNITY ON A MONTH -TO -
MONTH BASIS, WITH LICENSEE PAYING A FEE TO THE CITY IN
THE AMOUNT OF $6.00 PER SQUARE FOOT FOR AN ANNUAL
FEE OF $7,000.00, WITH TERMS AND CONDITIONS MORE
PARTICULARLY SET FORTH IN SAID LICENSE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
3.6. ACCEPT DONATION OF ACER PENTIUM COMPUTER AND CANON PRINTER
FROM TOWING AGENCIES -- FOR POLICE DEPARTMENT.
RESOLUTION NO. 97-639
A RESOLUTION ACCEPTING THE DONATION OF AN ACER
PENTIUM COMPUTER, SERIAL NUMBER 3103830, AND CANON
PRINTER, SERIAL NUMBER EGU92937, FROM FREEWAY
TOWING, MIDTOWN TOWING, KING'S WRECKER SERVICE,
SOUTHLAND TOWING, DIAZ TOWING, TED AND STAN'S
TOWING, BANOS TOWING, AND MOLINA TOWING; SAID
COMPUTER AND PRINTER WILL BE USED BY THE CITY OF
MIAMI POLICE DEPARTMENT'S WRECKER DETAIL.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
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4. WAIVE PROHIBITION FOR RICHARD BUNNELL TO PROVIDE
CONSTRUCTION SERVICES TO REFURBISH DINNER KEY MARINA.
Mayor Carollo: We're are now on...
Commissioner Plummer: Mr. Mayor, I think on item... We have to approve item 3 before we do
2, don't we?
Mr. Jim Kay (Interim Director, Public Works): Commissioner, that's not what I've been advised
by the Law Department.
10 September 23, 1997
Mayor Carollo: Yes, you are correct in that.
Commissioner Plummer: How can you approve it without giving the waiver to Mr. Bunnell
first?
Mayor Carollo: You're absolutely correct.
Commissioner Plummer: Mr. City Attorney?
A. Quinn Jones, III, Esq. (City Attorney): Yeah.
Commissioner Plummer: Mr. Mayor, I move item 3.
Mayor Carollo: There's a motion to approve item 3. Is there a second?
Commissioner Gibson: Second.
Mayor Carollo: Second by Commissioner Gibson. 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. 97-640
A RESOLUTION, WAIVING BY AN AFFIRMATIVE FOUR -FIFTHS (4/5THS)
VOTE OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY
ADVERTISED PUBLIC HEARING, THE PROHIBITION CONTAINED IN SECTION
2-612 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS
SUCH APPLIES TO RICHARD A. BUNNELL, WHO SERVES ON THE MIAMI
WATERFRONT BOARD, IN RELATION TO HIS PROVIDING CONSTRUCTION
SERVICES FOR THE REPAIR AND REHABILITATION OF THE DINNER KEY
MARINA AS A RESULT OF DAMAGES SUSTAINED BY HURRICANE ANDREW.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
11 September 23, 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 Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Wifredo Gort
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5. (A) INSTRUCT CONE CONSTRUCTION TO COORDINATE PROJECT
WITH THE CITY AND OTHER COMPANIES WORKING AT
DINNER KEY BOATYARD - MARINA DOCKS PROJECT --
ADMINISTRATION TO MAINTAIN COMPREHENSIVE PLAN.
(B) ACCEPT BID: CONE CONSTRUCTION, INC. -- FOR DINNER KEY
BOATYARD- MARINA DOCKS H-1088 -- ALLOCATE FUNDS
$2,663,265 FROM CIP PROJECTS 418001 & 418406.
(C) COMMENTS REGARDING PERFORMANCE OF SHAKE -A -LEG
PROGRAM.
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Commissioner Plummer: I now move item 2.
Mayor Carollo: Item 2 has been moved. Seconded by Commissioner Gibson. Any discussion?
Mr. Manuel Gonzalez-Goenaga: Yes.
Mayor Carollo: Mr. Goenaga, two minutes.
Mr. Gonzalez-Goenaga: I was not going to speak, but I... Since I was not allowed to finish the
good ideas, the... I am not against this. The issue is that in this government, transparency,
transparency, transparency. Full, fair and honest disclosure. And that's why I am in favor of
this. We cannot try to hide and directly or indirectly. Remember that Thomas Jefferson said
when you become a public official, you are part... you are owned by the public. We can even go
into your private lives. Here it has been done with the President of the United States. So be
careful, Commissioners, be careful. Transparency, transparency. A government of full
transparency. Thank you. I hope you understand the message.
Vice Mayor Regalado: Mr. Mayor, on item 2, I think that it's important that whoever is going to
do this work will be communicating and coordinating with the different companies that, as a
matter of fact, were awarded the other construction area, because this is a comprehensive plan.
And although this Commission just waived any conflict of interest, it seems to me that we're
going to have to address this. I had a letter from the other bidder, and it presents their case, and I
just don't want to create a problem by offering any other amendment. But I think that we should
have the commitment of this company that will communicate and coordinate with the other
company working side by side on this project, and that this Commission should be informed of
the progress that both companies are doing, and the way that they are communicating and
coordinating their efforts.
12 September 23, 1997
Mayor Carollo: Would it be appropriate, Mr. City Attorney, if we would include as part of the
resolution that the winner of this bid must coordinate the job here through the Administration?
A. Quinn Jones, III, Esq. (City Attorney): No, I don't think that's necessary. You've expressed
a directive, which you can do by motion. There's no need to incorporate it in the resolution.
Mayor Carollo: That would be fine, then, if it's understood.
Commissioner Gort: Mr. Mayor, what I'd like to add to that is it's very important, since the...
the person that gets the contract to operate that place, and if they don't build it, and someone else
builds it, and then they can find any fault or any failure - which I hope that will not happen, I
think it will be a very successful project - they can blame that it was not done in accordance to
the requirements. So this is something... that's why we need that coordination, to make sure that
the person or the companies that are awarded the contract signs that he's... they'll work with
them and all that, so they cannot use that as an excuse later on.
Commissioner Plummer: Well, I hope we're not putting the cart before the horse, because to my
knowledge, no one has a lock at this point on the use of that facility. There are a number of
organizations who are seeking this City's permission to be considered. Now, the prominent one,
of course, is Shake -A -Leg, which is one of the finest programs there are. But I would assume,
without question, that whatever is done is going to be done with the Federal regulations relating
to handicapped individuals. So that would be built in. But, you know, we're looking at... The
people of the Special Olympics, they're looking for a home. Shake -A -Leg is looking for a
home, and I don't think anybody has a lock, to my knowledge, nor has there been any edge given
to any organization at this point, which it is my understanding will come back before this
Commission, and we will decide who, when, why, and where.
Vice Mayor Regalado: You are so right, because... But it seems... It seems, if you judge the
campaign or the lobbying efforts of one organization, that one organization, especially Shake -A -
Leg, has been led to believe by the Administration in the past that they would get the whole
project, and that is not the case. And the Administration should state that. Mr. City Manager?
Commissioner Plummer: If anybody does it in the Administration, I hope Shake -A -Leg has a
job for them.
Vice Mayor Regalado: Still, L.
Commissioner Plummer: Are we waiting for a vote? Is that what we're waiting for?
Vice Mayor Regalado: Well, I think that...
Commissioner Plummer: I moved. I moved it.
Vice Mayor Regalado: ... what the City Attorney said, that this, "must coordinate effort," will be
included in the contract and in the Administration.
Mr. Jones: No. What I'm saying is that you've expressed your directive to the Administration
as to how you wish them to proceed. It's not a legal term or whatever that needs to be included
within the resolution or the contract.
Vice Mayor Regalado: So if they don't coordinate?
Mr. Jones: Then they have to answer to you.
13 September 23, 1997
Commissioner Plummer: Well, I think we've got to remember that we're talking about the
marina project. But I think Regalado is trying to impress that this is not a slice of a pie
independent unto itself, that this is a whole concept that is going to be from, I guess, really, what
we'd like to see from Kennedy Park to Peacock Park eventually. So this is not just a single slice
of the pie. This is one more spoke in the wheel to make a good wheel.
Mr. Jones: Mr. Vice Mayor, what I suggest, if you want that incorporated within a motion, you
can make a motion that that be a directive expressed to the Administration.
Vice Mayor Regalado: Then I make a motion.
Commissioner Plummer: And I second.
Mayor Carollo: That's what I was saying before, and you said that it was not needed.
Mr. Jones: No. I said not in... not in the form of a resolution, but in the form of a motion.
Commissioner Plummer: He doesn't want to work.
Mayor Carollo: OK. Then you stand corrected, Mr. City Attorney.
Mr. Jones: Absolutely, Mr. Mayor.
Vice Mayor Regalado: Well, here is my motion.
Commissioner Plummer: Call the roll.
Vice Mayor Regalado: The motion is specifically to have the company Cone Construction
communicate and coordinate their work with the company that was awarded the Virrick Gym
contract, because it's the City of Miami, as J.L. pointed out, needs the comprehensive plan, and
both companies should coordinate their efforts and work together. And if anything, if there is
any difference in style or work, then this Commission should be informed. That's my motion.
Commissioner Plummer: I accept that as a friendly amendment.
Mayor Carollo: Yeah. There's a motion and there's a second. Mr. Cruz, two minutes.
Mr. Mariano Cruz: Two minutes. Mariano Cruz, 1227 Northwest 26th Street. Here we go
again. Two million something for Dinner Key Boatyard businesses. And then people call me
home complaining that the parks are closed or that you go... or the pools are closed. There is no
money for that. But there is money for this, because it is business. Somebody is going to benefit
here, and a lot of people are going to benefit here. I got to... Pat KEller just called me the other
day. Sewell...
Mayor Carollo: The residents of Miami will benefit here.
Mr. Cruz: Sewell Park is closed. You can't go there. They have a fence there, gate closed,
people are making holes in the fence. You know, 17th Avenue by 11th Street. And on and on.
We have new buildings close to three quarter of a million dollars, no program for the building.
It's very seldom used, Allapattah/Comstock. And now, here, my brother was working at this
place in January. Ms. Christina Abrams came there together with Raul de la Torre and fired him
right there with the paper. He was making twelve thousand a hundred and fifty-three dollars
($12,153). And then they replace him with a security company that's costing twice the amount
of money there. You know why they fire him? Because they perceive that he was telling me
14 September 23, 1997
everything going on there. We speak to Shake -A -Leg, the motorcycle gang there, everything
going on there. Because people don't know what went on in that Dinner Key Boatyard there.
They use that as a private fiefdom. That's what they been using that there. And I don't know
what's going on. And he was fired for that. And remember, the statute of limitations still have a
year and a half to run. Thank you.
Mayor Carollo: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
The following motion was introduced by Vice Mayor Regalado, who moved its adoption:
MOTION NO. 97-641
A MOTION DIRECTING THE ADMINISTRATION TO EXPRESS TO CONE
CONSTRUCTION, INC. THE NEED FOR COMMUNICATION AND
COORDINATION OF ITS WORK EFFORTS WITH THE CITY ADMINISTRATION
AND OTHER DESIGNATED COMPANIES WHO ARE WORKING ON DIFFERENT
ASPECTS OF THE DINNER KEY BOATYARD MARINA DOCK PROJECT
CONTRACT; FURTHER INSTRUCTING THE ADMINISTRATION TO MAINTAIN
A COMPREHENSIVE PLAN FOR THIS PROJECT.
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.
Mayor Carollo: OK. We're on item number...
Commissioner Plummer: Mr. Mayor, if I may just take a second, please?
Mayor Carollo: Yes. Sure.
Commissioner Plummer: Commissioner Regalado and I have been taking some heat because we
had the audacity to ask questions about certain allegations that were made. And I think we
would be derelict in our duties if we did not follow through to find out that these allegations
were unfounded or that these allegations were true, in reference to the Virrick Gym. I'll state for
the record, once again, as I have before, but seems to disappear when it goes to print. I think
Shake -A -Leg is one of the finest programs that I know that goes on in the City of Miami. But it
doesn't own the City. There's got to be limitations on everything. I will definitely fight to see
that Shake -A -Leg stays in this City. It should be. It is a great program. But they can't come in
and dictate to this City just because they're a great program. This City has to do in fairness
across the board to all the people of our community. So I just wanted to put that on the record,
that we're taking heat for what 1, personally, think is a great program, and trying to do it in the
1s September 23, 1997
•
right way, when all we hear and all we read about is we are bad guys. People have made certain
allegations. People have made certain comments. And if we didn't look into them, we would be
derelict, and I'm doing what I think we should be doing. Thank you.
Mayor Carollo: We have to go back on 2 and vote for the resolution, itself. It's been moved by
Commissioner Plummer, seconded by Vice Mayor Regalado. All in favor, signify by saying
"aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passed unanimously.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-642
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.
16 September 23, 1997
11
CJ
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6. PUBLIC HEARING: DISCUSS PROPOSED ROAD OPENING BY
EXTENDING NORTH BAYSHORE DRIVE BETWEEN 19 STREET AND 20
TERRACE.
Mayor Carollo: We're now on item number 4, discussion, opening a new road by extending
North Bayshore Drive between Northeast 19th Street and Northeast 20th Terrace.
Commissioner Plummer: Who is the applicant?
Mr. Jim Kay (Director, Public Works): There is no applicant. This is a discussion item, Mr.
Commissioner. It was placed on the agenda at the request of the Administration and just...
Commissioner Plummer: Why? What prompted it to be even considered? I mean, I'm not
saying I'm for or against it.
Mayor Carollo: Well, let... yeah, let me explain, J.L. The neighbors of the area met with me and
the Administration requesting that this be done. It's really going to enhance the area. It's going
to open up the whole area along the bay, and connect it, one to another, and at the same time,
bring the property values up in the area that we very much need. But I'll let the neighbors
explain it, and let the Administration give its recommendation.
Commissioner Plummer: OK. It's here for discussion only today. And, you know, for that
reason...
Mayor Carollo: Yes. Yes, unless we would like to take action.
Commissioner Plummer: No. I went up there on last Wednesday, and, you know, the problem...
I guess the main problem that I have is the fact that it's going to be putting asphalt in a park.
That's one of the main problems that I have.
Mayor Carollo: No, no, it's not a park there, no.
Commissioner Plummer: The park is Pace Park.
Mayor Carollo: No. Where the asphalt will be going is not part of the park.
Mr. Kay: No. No.
Commissioner Gort: It's private property.
Mayor Carollo: It's private property that they will be giving to the City for the road.
Commissioner Plummer: OK. That makes me feel better.
Mr. Fred Joseph: If I may address?
Mayor Carollo: Fred, go ahead. Your name... Your name and address, please.
Mr. Joseph: Good morning. Good morning. Fred Joseph. I'm the president of the Grand
Condo Association. I'm also on the Omni Advisory Board for the CRA (Community
17 September 23, 1997
Redevelopment Agency). The reason, Commissioner Plummer, that we brought this item just in
for discussion is that this particular area - which I'm very happy you were there last week - is
more of a trash dump, of trees fallen, and not being maintained. It's adjacent to Margaret Pace
Park, and it also abuts up to or takes into consideration part of the... almost to the edge of the
adjacent Biscayne Bay. Now, what we've looked at there is in... in our Omni area is how we can
enhance and use our special tax district to attract people coming into the area. If we were to
study opening this area up, and if this property owner has a benefit from giving the property to
us, so be it. But if we - "we," meaning the City - see some benefit to a walkway... If you'll look
at the map that's in the shaded area, if someone will point to it - I didn't bring my pointer - if
someone will point to it, you'll see that that area right now is, I presume, under private
ownership. If part of it isn't, it would be in the very easterly part, Commissioner Plummer, that
may touch Margaret Pace Park. But then if you'll look a little bit further east, there's a dedicated
roadway in the park. Yes, right there. That area is right now not being used either because it's...
it has no... It has no definitive markings. It's just a derelict area. They park cars on it. We've
had to clean trash off it many times. If you'll look towards Biscayne Boulevard, all those... All
that area right in there is prime for development, you know. All we're asking for is to study it.
And we're not even opposed to using some of the CRA money when we get it in to, you know,
maybe bring water... bring the items that would help a developer go in there and maybe even
waiving some of the fees. So, you know, we're only asking to look and see what we can do with
it.
Commissioner Gort: Fred.
Mr. Joseph: Yes, sir.
Commissioner Gort: It's my understanding, in talking to Herb Bailey, and going through that
whole area, the... His recommendation is, for the development and improvement of the area, is
to open that corridor there. I don't think there's any problem for any of us, I think, if staff agrees
with that, and if the residents do not have any problem with that.
Mr. Joseph: I appreciate that.
Commissioner Plummer: Are both sides of 20th Street owned by one developer?
Mr. Joseph: I'm not positive, Commissioner. You'll have to ask your staff.
Commissioner Plummer: Who's going to pay for...
Mr. Joseph: I'm sorry. There's someone behind me speaking, so I'll let them take it.
Commissioner Plummer: Who's going to pay for the road? Hello? Am I calling collect?
Mr. Kay: Commissioner, if I could give a report. What we had in mind... And incidentally, this
is a project that we have been looking at for many years, and were hopeful that it would come
about someday. The property owner of all those lots on either side of Northeast 20th Street, I
believe, has assembled all those lots. I think they're under one ownership at this point, which is
the thing probably that's going to allow this to occur. What would happen is that if North
Bayshore there is opened up and that property is dedicated to the public, the City would, in
exchange for getting that land, vacate and close Northeast 20th Street. That would have to be
done, of course, by plat.
Commissioner Plummer: Oh, there's a method in somebody's madness.
Mr. Joseph: That may be part of your exchange of them doing the road work. I mean, there is...
this is discussion.
18 September 23, 1997
Commissioner Plummer: OK. But, Fred, let's understand, that developer, whoever he may be -
and I don't know who, and I don't want to know, OK? - he can't do what he would like to do on
that parcel of property without 20th Street being closed. Now, we understand the name of that
game very, very well. And let me tell you, I'm not going to exchange this vote for the street to
be allowed there for the purposes of closing 20th Street, because let me tell you, the one thing,
without question, the developer better understand that if that day ever comes to close that street,
he's going to pay the going price per square foot of whatever that property is worth. But usually,
the ultimate is they're trying to put a high-rise, high, high, that they can't do without closing that
street, because that's how you figure the FAR (floor/area ratio). So, hey, it's for discussion. It's
negotiable. Let's talk about it, look at it. There's a lot of questions to be answered.
Commissioner Gort: I think it's...
Dr. Scott Myers: May I speak, please? Good morning. My name is Dr. Scott Myers. I'm
representing the board of directors for Biscayne 21 Condominium, which, obviously, is right
alongside the proposed project. On behalf of the Biscayne 21 board of directors, I'd like to state
that we're categorically opposed to this project. Biscayne 21 Condominium has 196 units. We
have approximately 500 residents. I have to say... and the reason I was asked to come up here is
because we are the ones to be most directly affected by this proposal - not the people who live in
the Grand, or the Venetian Causeway, or the ones in the immediate neighborhood - and there's
been opposition to this proposal from the very onset, when it was first brought up to us last year.
Due to our proximity to Unity Church, which is right in front of us, we're already exposed to a
heavy amount of traffic, especially during the evenings and weekends. The area in question was
originally blocked off. Vandals a couple of years ago knocked down a cement block that limited
access to that area. That's specifically the reason that cement block was knocked down, to allow
greater access to our neighborhood. As I mentioned, this proposal was initially brought up last
year. At that time, we initiated a petition drive, which we received virtually hundreds of
signatures, and we submitted it to the local Neighborhood Enhancement Team. That petition
drive apparently put an end to movement on this particular project at that time. We were
somewhat surprised that interest has redeveloped. We, again, at Biscayne 21 are the ones most
directly affected by this. Nonetheless, we were never, never informed of this renewed interest.
It wasn't till last night when individuals in our neighborhood came to our building and showed
us this notice that was sent to them that it came to our attention that once again, this is an issue
that has to be addressed. I have to understand. I have to understand exactly why we at Biscayne
21, of all locations, are not informed when proposed development like this is proposed.
Commissioner Plummer: Because it's only for discussion, sir. If it were for action, you would
have to be notified with a courtesy notice. This is only discussion here. We're only talking
about it. There's no action to be taken here today.
Dr. Myers: Nonetheless, sir, other individuals in the neighborhood were given the notice.
Commissioner Plummer: Yeah. And it was published in the papers.
Dr. Myers: Again, I'm sorry, I wasn't aware of that. I don't want to take up too much of your
time, but we take pride in our neighborhood, and I can say, without any question, whatsoever,
this extension would create tremendous havoc in our neighborhood. It would create tremendous
havoc in our daily lives. The alienation that we would feel in our neighborhood would not be
just directed to the neighborhood, but it would be directed also to the City government. Thank
you.
Mr. Walter Fisher: I'm Walt Fisher. I'm vice president of Fleck and Associates. We have
apartments on 20th Terrace. We like the idea mainly because, in opposition to what was just
19 September 23, 1997
0
said, it would do just the opposite. It would give access to turning right at the end of 20th
Terrace, and not having to go past their condos in the first place, because when you go past their
condos, quite often, you get blocked because of people coming in and out through it. We are not
anxious for anyone to close 20th Street, because we have a parking lot on 20th Street. But we
would like that access road continued through. That way, all the traffic that comes through can
make a choice of either right or left. There is a great deal of traffic now that has no choice but to
go around that block and right past the condo section. So I think it would actually free up a lot.
Also, that area that's in the gray, as they've said, is filthy. They have... You have transients
down there all the time. I have an entire crew that has been working for three days cleaning all
of the lots across 20th Terrace at my own cost, just to try to clean up that area, because it's filthy,
there's beer bottles, there's transients sleeping in there. We're cutting down trees, cutting down
foliage, everything that we can to where you can see, because people are getting mugged in that
area. And if a road was put through, then perhaps it would help clean that little strip, and we'd
have a lot less transient problems in that area.
Vice Mayor Regalado: Sir, your turn.
Mr. Ed Cooke: Good morning, Commissioners. My name is Ed Cooke. I live at 2121 North
Bayshore Drive. I also represent something that is called BESTA, Biscayne/Edgewater South -
and that's where we are - Taxpayers' Association. What it means is this. I ask you to hold off
all action until you have instructed the City Manager to go and inspect this, and address what has
been said. The hidden agenda to all the dirt is that that street, that Northeast 20th, is supposed to
be taken care of by the City of Miami Parks. It's an access to a park. We met with them 17
months ago. I met with Garcia, a fellow named Brown or Smith, and never showed back. The...
Each... I met with them. Along the bay there, this is a jewel of the City of Miami, and yet, it is
totally and flagrantly neglected by the City of Miami employees. Now, I ask you to come out
and see that condition. Then after you see that, look to what is going to be the future pattern, if
these people who are not neighbors... Grand Hotel is on the other side of Margaret Pace Park.
They are legislating for our NET (Neighborhood Enhancement Team) area. This is not... They
are not the neighbors of record. They have met with people. They've drawn up wonderful
plans, improving plans, but they are not to be the movers of this. You should listen to the
neighbors. I only heard of this yesterday. I've been able to go out with some petitions, get... and
I guarantee you, I will bring you more signatures in opposition. But please listen to just this one
thing. At the present moment, Venetian Causeway is closed down. Two years from now, what
you don't see on that map is that all the traffic will do an in -run around Biscayne Boulevard.
And right now, whatever traffic is coming out from three -thirty to five and six, you will see, at
any of those times, right across the way - they have a Christian Science Church there - you will
see as many as 17 cars lined up - I believe it's 18th or 19th. Those streets are a little wiggly
there - that all of that traffic is trying to get out onto Biscayne Boulevard in the heavy rush. I
guarantee when Venetian Cause... opens up again, there are going to be hundreds of cars coming
this way. And this map does not show 21st Street. They will have to go down there, and they
will be blocked in their attempt at 20th and 20th Terrace, which is another street in there. Right
now... The great minds designed that area that all traffic behind the Omni would come out on
what looks like 19th Street.
Vice Mayor Regalado: Ed, you're up.
Mr. Cook: Yeah. And that's where... Call the meeting, tell the City Manager to call some kind
of a meeting to help them, meet with us and the nearby neighbors. Thank you.
Vice Mayor Regalado: Thank you. Eleanor.
Ms. Eleanor Kluger: I think this gentleman...
20 September 23, 1997
Vice Mayor Regalado: Oh, all right. Sir.
Ms. Kluger: Eleanor Kluger, 1000 Venetian Way. I'm the president of the Omni Advisory
Board. And we have been entrusted with advising the Commission...
Vice Mayor Regalado: Take the mike. Get closer.
Ms. Kluger: Thank you. We have been entrusted with advising this Commission how to spend
our tax increment dollars. And as we have gone around studying the area, we felt that this road
opening would help that particular area. Almost all the residents to the south, which represent
quite a few thousand people seem to be in favor of opening the road and bringing some traffic.
Edgewater... We don't want to start a fight with Edgewater, and I'm afraid we have opened a
hornet's nest here. But the fact is that there are opposing ideas in this, and there is even an
opposement as far as where the district of Edgewater ends and where the Omni tax increment
begins. We go up to 20th Street in there, and yet, it's called Edgewater. So then we have this
little war, as far as turf, of who does the Pace Park really belong to, and who do these few blocks
belong to, and who has control? And also, we have the problem of the NET and the police. And
this is something that maybe in the future we can solve. But in the meantime, we looked at this
area. It is a... They want to keep it quiet and preserved, and we want to see it developed into
something, because we can't even get out of our condos and walk the streets. And they are
selling drugs there. That park, 90 percent of the time, is used for the drug people and for
homeless that come through there. We want to clean up the park. We want to make a road
through there. If someone is walking on the street, if a car comes past, they are a help to you.
People beget other people, and we have a community. We want to use that park. We cannot at
this point. And so we have been studying the park and that whole area to bring good
development, and also to make an alternate road. And I don't think it's going to be major traffic
that they complain about. I think you're going to have another way to get a little bit of traffic off
of Biscayne Boulevard and into homes. What kind of development has been there up until now?
Please consider what we're talking about.
Vice Mayor Regalado: Thank you, Eleanor. Sir, go ahead.
Mr. Henry Rodstein: My name is Henry Rodstein. I live at 635 Euclid, Miami Beach, and my
office is at 444 Brickell. I'm talking in favor also of putting a roadway here, together with
lighting to light the area. I've owned a building on 23rd Street just north of here. I'm also
representing the property owner immediately north of 20th Terrace. I guess it was formerly
known as the Reese parcel. They are greatly in favor of opening that street up. They've seen the
area. I've seen the area. I've been around that area for many, many years, owning property
there. And that area has been used as a dirt roadway. I don't know if anybody has mentioned
that, but it's been used as a dirt roadway to get from one way to another. And I've seen
derelicts. It's been a mess there. A lighted roadway would enhance... We're going to be
involved with the downtown area CDC (Community Development Corporation), the residential
CD run by Dick Fosmoen (phonetic). There's going to be a proposed development on the piece
north of 20th Terrace over the next year. And we feel that for the further development, which
will also enhance the tax base of the City of Miami, that as you develop more residential
product, which I think that the Downtown Development Authority and other spots in town
believe that if we have more residential development, you'll attract a greater amount of income
to the City. And as a result, you'll end up with a better tax base in the City of Miami. So we're
pro -development, creating a residential housing base. We'd like to see things like this occur.
Thank you.
Vice Mayor Regalado: Thank you.
Commissioner Plummer: Sir, you're absolutely correct. The question is, how much residential,
and how much density? If you put in residential homes in that area, single-family, maybe low
21 September 23, 1997
unit apartment houses, that's fine. But I would hate to think that we would see another 30- or
40-story building with another 1500 or 2,000 people living on that parcel of land, because that's
one of the major problems that Edgewater has today. The density in Edgewater is so tight east of
the Boulevard that it's causing problems. So I agree with you. The taxes that brings in today are
little or none. Little or none, OK? And to put it and develop it, it should be. The real question
is, how is it going to be developed?
Mr. Rodstein: And sir, if I may respond for a second? I agree with you 100 percent. I don't
think we're talking here for the limits or the degree of development, but I think we all recognize
that the City of Miami, in many spots, needs more intelligent development that will generate
more taxes and tax base for the City, which will help us in the future get out of the situation that
we've been in, in the past.
Commissioner Plummer: Absolutely.
Mr. Rodstein: Thank you, sir.
Vice Mayor Regalado: Thank you. Mr. Gonzalez. Fred, you go after him.
Mr. Manuel Gonzalez-Goenaga: Well, to enlighten the smart Commissioners, this is something
that has to be taken more broadly. In order to increase the base of the City of Miami, which we
are enclosed with 34 square miles of land, and I think like 19 square miles of river, we need to
totally change the residential area in the City of Miami, and to reclassify them to high-rises.
That's the only way on the very broad side picture that Miami will prosper, so taxes will
ultimately be lowered, especially to the poor citizens that live in Miami. You can rest assured
that when you give more protection, and maybe enclose areas, it will help, because,
unfortunately, there is a system of trying to go after the little drug dealers, but I don't see you
guys going after the big drug dealers, the big money launderers that are wining, and dance, and
get very well dressed. Thank you very much.
Mayor Carollo: I guess you haven't been reading the paper lately, Mr. Goenaga. Fred.
Mr. Joseph: As I opened it, we're not here to fight with anybody. We're here for discussion.
We'd like to see how to enhance this parcel. I am taken aback a little bit by one of the
Commissioners that indicated the density and... misunderstanding of something, because we are
looking for greater density in that area. At the present time, if you're quoting Edgewater, it's a
lot of single-family residents, and we're looking to enhance this... maybe not another Brickell,
but we see where the money goes. If we're going to look like Brickell, give us the treatment of
the yards, the roadway, and all the infrastructure that you give to Brickell. Then we don't want
any other density, but we see the only way to get it is with tax base. Until we get some
development in there of some nice, quote/unquote, high-rise buildings that are going to have a
very nice square footage price, instead of what we have in there now, either empty lots or chain
link fences, and a lot of homes that are... as we walk around that are dilapidated and drug -laden...
You know, we can only try to get the best we can. The developers won't come if you discourage
them with your... you know, your basic infrastructure, roads and lights, and water and sewer. So
that's the only reason we've got this open for discussion - to help the bay.
Commissioner Plummer: Are we talking about opening the street, or are we talking about the
development of the property? I'm hearing an awful lot about the development of the property
without the developer being here.
Mayor Carollo: What will be done...
Commissioner Plummer: And I thought we were supposed to be talking about only the idea of
opening the street.
22 September 23, 1997
Mayor Carollo: What is going to happen, J.L., if they give up this piece of property, then we
will be able to connect north Bayshore Drive...
Commissioner Plummer: Joe, I'm very...
Mayor Carollo: ... from between 19th and 20th Street. Otherwise, you've got to go way around
it, and that really breaks up that area.
Commissioner Plummer: Well, either that or...
Mayor Carollo: When you create a south... a real South Bayshore Drive... a North Bayshore
Drive now.
Commissioner Plummer: I fully understand, Joe. You know, we can always do it through
condemnation, also. But, look, I think we need to develop. I think the question only remains,
"How do we develop?" That's the real question.
Commissioner Gort: Mr. Mayor, I think the only thing, in listening to these people here, is to
have a public hearing, our staff have a hearing with the residents in that area and come up with a
plan.
Mayor Carollo: What do you recommend, right now? Do you have a recommendation?
Mr. Kay: Yes, sir. As far as the dedication of the street from private ownership to public, we do
recommend that. This is something we have been interested in a long time, this particular
dedication. But, of course, we had never had the funds to get it, or the opportunity to get it
dedicated.
Mayor Carollo: But in this instance, they're willing to give up the property at no cost to us. We
just have to file the paperwork in the courts in order to do it.
Mr. Kay: That's right.
Commissioner Plummer: But with no strings attached. There's no... In other words, they're
going to give us the property for the road with no strings attached.
Mr. Kay: That's how it comes to us, yes.
Commissioner Plummer: Well, I want to make sure of that.
Mayor Carollo: Is that correct or not?
Mr. Joseph: We can't speak for the develop... the owner. All I'm saying is what we've said as
an advisory, if he's willing to do as you prescribe, give it up with no strings, let's take it. And
then...
Mayor Carollo: Sure.
Commissioner Plummer: You bet your hippy. You bet your hippy.
Mayor Carollo: Can you have a meeting with the neighbors and the developer, the owner of the
property? And if it's all... If it's all like what we've heard here today, then if you could
schedule it as soon as we can in the next meeting.
23 September 23, 1997
Commissioner Plummer: And also, I would like for you...
Mr. Kay: OK. I would be glad to do that.
Commissioner Plummer: I would also like for you, for the protection... possible protection of...
what's it called? Biscayne 21, 2121? There are ways that you can, in fact, design that street to
where they would not be further inundated with traffic. I hate to mention the word "barricades,"
but I think that you can design that street to where they can only go to 20th Terrace or whatever,
and make a left turn, and cannot go further north.
Mayor Carollo: Well, but the... I think the idea...
Commissioner Plummer: Because you can't do it anyhow beyond the 2121. I'm just saying to
look into it, that's all.
Mayor Carollo: I think the idea is they want the road to be opened up so people can go from one
end to the other and back. But, Jim, it you could meet with them before they go and try to get a
date scheduled at the earliest convenience to everyone. And before you go, I just want to
compliment you for the professional job that you're doing in handling the Public Works
Department. You know, it's good to have that kind of professionalism, Jim, in dealing with so
many problems that you were faced with when you were named interim director. So I just
wanted to publicly compliment you for the work you've been doing.
Commissioner Plummer: Mark that one on the wall.
Commissioner Gort: Second the motion.
Mr. Kay: Thank you for your kind words, and I'll take that back to staff, too.
Commissioner Plummer: Mark that one on the wall.
Commissioner Gort: Mr. Mayor...
Vice Mayor Regalado: I, too, want to... I, too, want to compliment Jim, because he takes care of
the bigger picture, but also of the little people. And when one calls on Jim to cut a tree, or put a
sign, he moves swiftly. So I thank you.
Mr. Kay: Thank you, Commissioner.
------ ---------------------------------------------------------------------------------------------------------
7. PERSONAL APPEARANCE: VIVIAN CRUCET TO ADVISE COMMISSION
ABOUT LOT CLEARING PROBLEM WITH EMPTY LOT ADJACENT TO 28
AVENUE N.W AND 25 STREET (MELROSE TOWNHOMES)-- FURTHER
DISCUSS EMPTY LOT CLEARING PROCEDURES AND NEED TO
EXPEDITE PROCESS.
Commissioner Gort: Mr. Mayor, if I may, I'd like to call it out of order. For your information,
we have the representative, Ms. Vivian Crucet, from the newly formed Townhouse
Condominium Association, where they -have a little problem with the Melrose Townhouse.
24 September 23, 1997
Commissioner Plummer: What item is this?
Commissioner Gort: Twenty-seven. Item 27.
Ms. Vivian Crucet: Yes. Good morning. I'm... My name is Vivian Crucet, and my address is
2600 Northwest 28th Street. I'm the new president for the Homeowners' Association of Melrose
Townhomes. And the reason I asked to address the Commission today is because we have an
empty lot where Phase III of the project is supposed to be built. The developer, CODEC, has
put a stop to these plans because the City of Miami is supposed to allocate some funds. This lot
is just two, three feet away from half of our units, and it's becoming a breeding ground for rats,
and snakes, and all kinds of rodents. And the grass, and the foliage and the trees, they grow very
tall. And we have to pay for it to clean... to be cleaned up, even though it's not our lot, it's not
our property. The developer also had forward us with the taxes for this year. And we're just the
homeowners' association. So we are here asking, first of all, whether the City will be willing to
allocate the funds for Phase III to be built, and if not...
Vice Mayor Regalado: Who owns this?
Commissioner Gort: That's what the question is. The CODEC... My understanding is... I was
not here at the time. J.L., you might enlighten us on this. CODEC was given the land. It was
sold to CODEC to build...
Commissioner Plummer: Right.
Commissioner Gort: ... three stages. My understanding is two stages have been built...
Ms. Crucet: Two stages. Phase L.
Commissioner Gort: ... and the property has been turned over to the homeowners' association.
Commissioner Plummer: Well...
Commissioner Gort: Now, what they told them is they're also responsible for the third phase of
the project, which they have to pay taxes and so on.
Commissioner Plummer: So then they're responsible... What happened to our program? I
meant to ask that, because I'm going to be very unpopular in District 2. We had in past at the
budget... not budget hearings, but we were going through the hearings of lot clearing. And that
lot clearing program, as I recall, was supposed to be that a person who owned a piece of property
had to maintain that lot at least once every six months, or 90 days. I forget what the time
element was. That if they didn't do it, we would do it for them and send them a bill. Now, what
happened to that program? Because let me give you an example. Directly behind my house,
there's a house that .went into foreclosure in January. Not a thing was done to that house to cut
the grass, to do anything. And finally, I got on the NET (Neighborhood Enhancement Team)
office, and I'm sorry to tell Judy, that was where the so-called delay came about to get a vendor
to go in to cut the grass. It took until last month to get that lot cleared. Now, we passed an
ordinance that said... and it was fashioned right after Metro -Dade County's ordinance. It has the
same ordinance that... I'm going to be in District 2. I want to tell you something. Come
November the 4th or the 5th, I'm going to be up there with the NET people, and I'm going to be
citing every damned lot in that District 2 that I'm going to be representing. And I'm going to tell
them, you either got to clean your lots and every... whatever the... whatever it is, three months,
four months or five months, and we're going to go in there and do it for you. And either you...
send you the bill, you pay, or we're going to put a lien against your property. Now, that's
exactly what her problem is. And whoever the owner of that property is, under this ordinance,
has got to do it. And if they don't, bye-bye.
25 September 23, 1997
Commissioner Gort: The problem...
Ms. Crucet: We... excuse me.
Commissioner Gort: Vivian, let me try to explain this thing. The problem is - because I went to
a couple of the meetings at the townhouse - is these people were given the property of the two
phases that had been finished. Now, CODEC says the City owns the third phase or the lot for the
third phase.
Commissioner Plummer: Get the City Attorney to rule.
Bob Nachlinger (Assistant City Manager): Commissioner, Commissioner, that's not true.
CODEC owns all three of those parcels. That third parcel is their property.
Commissioner Plummer: Get the City to rule.
Commissioner Gort: OK. I think that this... You all have to get together with staff. And you
research that, and we can come back and see what the solution for this is.
Vice Mayor Regalado: But... excuse me. Excuse me.
Commissioner Plummer: Have them go to the law and they can figure out who it's owned by.
Vice Mayor Regalado: I think that Vivian deserves to leave here with a decision. So we have to
make a decision of what's going to happen. I mean, who's paying for that? Who's going to pay
for that? Why they should pay...
Ms. Crucet: We've been paying. We've just paid to clean up the whole lot, we just did. We...
the whole lot is clean.
Vice Mayor Regalado: OK. Can you charge CODEC for that?
Ms. Crucet: And also, we want to put up a front gate for security reasons.
Commissioner Plummer: That's a different story.
Ms. Crucet: We need to find out whether Phase III is going to be built, because the new tenants
will also have to pay some assessment for the gate. So we need to find out exactly whether that
place is going to be built, what's going to happen to that lot. Why are... Are we liable to pay
taxes for that lot? What's going on?
Mayor Carollo: Mr. City Attorney, can you try to provide some answers together with staff?
Mr. Jones: Yeah. I'll have someone from my staff meet with them.
Mayor Carollo: But we need answers quick, not have them wait for months and months before
they get an answer from us.
Mr. Jones: Yeah.
Commissioner Plummer: Well, Mr. Mayor, why don't we just instruct the Administration to go
in there and have the lot done, and then let the City Attorney decide who's going to pay for it,
either CODEC or the City, and put a lien.
26 September 23, 1997
Mayor Carollo: Well, you know, that's the first phase. But we need the second phase that she
mentioned, the gate and other problems they have.
Commissioner Plummer: Oh, that's a different ball game.
Commissioner Gort: And the problem is that the third phase is not finished. Then the burden is
on the people that own Phase I and II. So this is something that...
Commissioner Plummer: Somebody's got to have liability, Willy.
Commissioner Gort: Well, we need to find where the liability is...
Commissioner Plummer: That's exactly what I'm saying.
Commissioner Gort: It shouldn't be blamed on the owners.
Vice Mayor Regalado: I would present a motion to give the Administration one week to clear
the lot. And the reason I say that...
Ms. Crucet: The lot... the lot has...
Vice Mayor Regalado: No, no, no. Let's...
Mayor Carollo: The lot has been cleared.
Ms. Crucet: OK. The lot has been cleared.
Commissioner Plummer: Ha, ha, ha. You've got to be kidding.
Vice Mayor Regalado: OK. Well, everything taken... to explain to you...
Ms. Crucet: OK.
Vice Mayor Regalado: ... what I... I'm sorry. What I meant is to resolve the situation, the future
situation.
Ms. Crucet: In the future, OK.
Vice Mayor Regalado: And what I meant is that we had, J.L., the same situation in eight empty
in East Little Havana. And there's one huge lot in Southwest 8th Street and 9th Avenue. It
was... It's clear now. But what happened was - and Judy is here - it seems that the NET offices
are blaming Purchasing for the delay. They claim that they asked your department in June, and
that nothing has been resolved. So we called...
Commissioner Plummer: Well, Tomas, I don't think that... We're following a procedure that's
antiquated. They have to go and they have to get the request. Then they have to go out and get a
vendor. Then they have to go out and get paid. Why don't we just establish in the budget...
Vice Mayor Regalado: Absolutely. That's what I'm... I was trying to say.
Commissioner Plummer: ... "X" number of money. Get vendors to go... because let me tell you
something. We've talking about a big item in the year to come. I'm going to absolutely be,
without question, out there with the NET office to establish who owns that property. But if
27 September 23, 1997
we're going to have to go through every time of every six months to get Purchasing to establish,
Purchasing to get a different vendor, Purchasing to get money, we're never going to get anything
accomplished. So Mr. Man... Administration, I'm saying to you, we've got to change the
process we're using because it's really not working. From the time - I wish she was here - from
the time I first had the word, it took 60 days from the time Purchasing got it to the time they got
a vendor, to the time the money was there, to the guy that comes and cut the yard. That's not
acceptable.
Mr. Nachlinger: Commissioner, if I could respond. The... We absolutely agree with you that
the process takes way too long right now. The 30-day notification that we have to give to the
property owner before we're able to go in and even cut the grass in a lot... and that's further
exacerbated by the individual process that Purchasing has used in the past to hire someone to
clean the lot. What we're planning on doing is putting out a request for proposals and hiring
several professional landscaping firms on a contingent basis, and we'll rotate them, and there
won't be any delay then to get someone in to clean the lots.
Commissioner Plummer: Mr. Manager, if the ordinance so states... and I don't recall the
number... was it three months or four months or six months?
Mr. Nachlinger: Three, sir.
Commissioner Plummer: Was it three?
Mr. Nachlinger: Yes, sir.
Commissioner Plummer: And you're going to give them 30 days notice. Why do you have to
give them notice? Give them notice to begin with that if they don't cut it and maintain it every
three months, that we're going to do it, and we're going to put a lien or they pay. Why... You
know, you... these hearings are absolutely cumbersome to the point that they know you got to do
it, and if you don't, we're going to do it and we're going to charge you for it. But do you realize
how many hearings you're going to be talking about in the coming year? Thousands.
Mr. Nachlinger: Yes, sir.
Mayor Carollo: This is why we're going to have to revamp the system that we have.
Commissioner Plummer: Absolutely.
Mayor Carollo: That's one of the first things we need to tackle...
Commissioner Plummer: Because it ain't working.
Mayor Carollo: ... in November. We have to expedite the whole system that we have so
everything doesn't take a year or more to get accomplished. We were able to do that in
knocking down crack houses, and we need to do it across the board.
Vice Mayor Regalado: So when are Vivian and the other neighbors are going to have a full
response from the Administration?
Mayor Carollo: Can...
Vice Mayor Regalado: Mr. City Manager?
Mayor Carollo: Assistant City Manager.
28 September 23, 1997
Vice Mayor Regalado: Yes. Mr....
Commissioner Plummer: No. Right now, he's the City Manager.
Vice Mayor Regalado: Bob...
Mr. Nachlinger: Yes, sir.
Vice Mayor Regalado: When can they have the information that they need to proceed with their
lives?
Mr. Nachlinger: The information on who owns that lot?
Vice Mayor Regalado: Absolutely.
Ms. Crucet: Well... excuse me. We need to find out whether the City can allocate the funds...
Commissioner Plummer: Go do it and then determine.
Ms. Crucet: ... because there's a surtax program and the City is supposed to allocate some funds
for Phase III if it... And who is responsible for that lot, pay taxes and to clean it up.
Mayor Carollo: Well, what...
Commissioner Gort: It's a complex matter. Number one is to deal with the present problem of
who owns that parcel. They're being blamed for it, and give them all the bills and liability for
that parcel. Number two is Phase III has to be built in order to make the project really be
successful. So somehow, we need to sit down with CODEC or someone and finish the... that
third step, that stage.
Vice Mayor Regalado: No, but... but there's the issue.... There's the issue of safety for that
building. So they need to know soon, as soon as possible, how the construction is going to be
done so they can install the gate. That's all they want. They want to know.
Mayor Carollo: Well, who can you assign from the Law Department to work with the
Administration? And I want to get...
A. Quinn Jones, III, Esq. (City Attorney): I'll assign someone, Mr. Mayor. I have to look.
Mayor Carollo: I want to get them an answer before the end of the week.
Mr. Jones: Yeah.
Commissioner Gort: Somebody from Housing.
Mayor Carollo: If you could... In fact, before they leave, is you could schedule a meeting with
them on Friday, at the latest, so we could give them answers.
Mr. Nachlinger: Commissioner, if I could, I'd like for them to step outside and meet with Bert
Waters. I think he can answer most of their questions right now.
Mayor Carollo: Right. Good. And I'd like to have Commissioner Gort assigned from the
Commission to represent this Commission within those meetings and report back to us. At the
29 September 23, 1997
same time, Mr. Bert Waters might give them some answers now, but whenever he can, I want
the Legal Department to get the answers and for them to be able to meet again on Friday.
Ms. Crucet: Thank you very much.
Mayor Carollo: Thank you very much.
Commissioner Plummer: Mr. Mayor, I'd like to ask, if we could, at the next Commission
meeting, the Administration come back to this Commission and tell us how they can change this
antiquated system that we're presently using, and how we can... what we've got to do to change
it so that when we say we're going to make people clean their lots and maintain them every three
months, it's going to happen, whether they do it or we do it. And I would ask that that come
back at the next Commission meeting, Mr. City Manager, for the purposes of getting this thing
started.
Mr. Nachlinger: We will have your report on the agenda
Commissioner Plummer: And I'll put right now on notice every NET office in District 2, that
they better start looking and finding out the names of the owners of vacant lots, or of lots that are
occupied that are not being maintained. And we need names and addresses, because we're going
to start notifying them.
Commissioner Gort: That message goes to all 13 NETs.
Commissioner Plummer: Well, hey.
----------------------------------------------------------------------------------------------------------------
8. PERSONAL APPEARANCE BY MERCHANTS FROM CENTRAL
SHOPPING PLAZA FOR AMUSEMENT RIDES PERMIT -- SEE LABEL 44.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: OK. We're on item number 5 now, personal appearance, the representatives
from the Central Shopping Plaza Merchants Association.
Commissioner Gort: Move it.
Commissioner Plummer: With the full understanding...
Mayor Carollo: Personal appearance.
Commissioner Plummer: This is the one in reference to the amusement rides?
Mayor Carollo: Right.
Mr. Tim Jenkins: Yes, it is.
Commissioner Plummer: What company is doing the amusement rides?
Mr. Jenkins: Wade Shows out of Spring Hill, Florida.
Commissioner Plummer: All right, sir. Are you fully aware of the rules and regulations that
pertain to carnival rides in the City of Miami?
30 September 23, 1997
Mr. Jenkins: Yes, we are.
Commissioner Plummer: Please make sure. There's to be no...
Commissioner Gort: Name and address for the record.
Commissioner Plummer: There's no gambling in any way, shape or form in any of the
amusement types of machines. There are no weapons such as knives or such that can be derived
from any of the machines. You cannot have anybody living on the premises during the time of the
show. You can have security guards, but you can't have living. And there are 16 or 18 different
rules and regulations being put on. So I just hope, sir, that prior to going in there, you make sure
that you know and familiarize yourself so that we don't have to go in the middle and shut the
show down.
Mr. Jenkins: This is the fourth year we've been doing this. So...
Commissioner Plummer: So be it, sir.
Mr. Jenkins: Unless there's some new changes I'm not... that I'm not aware of. But I have...
yesterday, I did stop by the service center and talked to the Police Department and the Fire
Department.
Commissioner Plummer: You're aware of the mechanical permits for safety reasons?
Mr. Jenkins: The mechanic... yes. We are also involved with the Florida State Fair. We're
doing other events here in the State.
Commissioner Plummer: OK, fine.
Commissioner Gort: Name and address for the record.
Mr. Jenkins: Yes. My name is Tim Jenkins, at 733 Coral Way, Suite 311, Miami.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Vice Mayor, for the record, so that you'll know
what you're approving, it's a permit for them to run from October 13th through November 2nd.
Commissioner Plummer: Whoa, whoa.
Mr. Jones: Is that correct?
Unidentified Speaker: That's correct.
Mr. Jones: That's correct. And second...
Commissioner Plummer: Wait a minute. Wait.
Mr. Jones: And second, what they've requested is that you waive the noise prohibitions
applicable on Fridays and Saturdays until twelve midnight.
Commissioner Plummer: Whoa, whoa, whoa.
Mr. Jenkins: That... Those dates are not correct.
31 September 23, 1997
Commissioner Plummer: I want to tell you...
Mr. Jones: Well, that's what's in the backup.
Mr. Jenkins: You're right.
Commissioner Plummer: ... the maximum is three days.
Mr. Jones: That's what you have in there. That's what's in the backup.
Mr. Jenkins: I see that that is what, but it's... the typo should be the 23rd through November the
2nd.
Commissioner Plummer: Even that's against our ordinance. Our ordinance only allows for
either three or four days. As I recall, that's based on the Flagler Dog Track.
Mr. Jenkins: In the past we have...
Commissioner Plummer: That would take a waiver of the ordinance.
Mr. Jenkins: ... we have gone the Monday, Tuesday...
Mr. Jones: Well, you can't waive the ordinance.
Commissioner Plummer: Well, excuse me. Just so...
Mr. Jenkins: Excuse me. It is... the 23rd is a Friday.
Commissioner Plummer: OK.
Mr. Jenkins: And so we open Friday, Saturday, Sunday, the following Monday through Sunday.
So we are asking... There will only be three... one Monday, Tuesday, Wednesday in the event...
Commissioner Plummer: Sir, I think you've got a problem with the ordinance, but if it's
agreeable and it's legal, I have no problem. But the ordinance...
Vice Mayor Regalado: I move to waive the...
Commissioner Plummer: You can't waive the ordinance.
Vice Mayor Regalado: You can't waive it?
Commissioner Plummer: No.
Vice Mayor Regalado: Well.
Commissioner Plummer: OK. Just so it's understood, that's all.
Mayor Carollo: Can you...
Commissioner Gort: Why don't you bring it back this afternoon.
Mayor Carollo: ... meet with them on their way out so that we can straighten this out, and then
we'll bring it back in the afternoon?
32 September 23, 1997
Commissioner Plummer: Yeah.
Mr. Jones: Yes.
Vice Mayor Regalado: How long is the Cuban Municipalities?
Commissioner Plummer: I think it's tour days. And we have to waive, also, that, you know, you
can only have it one place one time a year. But that's not the case here. But the Cuban
Municipalities, as I recall, are tour days.
Vice Mayor Regalado: It's across the street. It's across the street.
Commissioner Plummer: Huh?
Vice Mayor Regalado: The Cuban Municipalities is across the street on the...
Commissioner Plummer: Yeah, yeah, I understand.
Vice Mayor Regalado: But they have it more than three days.
Commissioner Plummer: Four. I think it's four days.
Mayor Carollo: All right. Talk to the City Attorney's staff, and they'll bring it back in the
afternoon.
Mr. Jenkins: OK.
Mayor Carollo: Thank you.
---------------------------------------- -----------------------------------------------------------------------
9. PROPOSED EMERGENCY ORDINANCE: AMEND CAPITAL
IMPROVEMENT ORDINANCE 11337 FOR PRE -APPROVED SCHEDULED
CAPITAL IMPROVEMENT PROJECTS (CIP) -- ESTABLISH NEW CAPITAL
PROJECTS TO BEGIN DURING FY '96-97 -- SEE LABEL 11.
Mayor Carollo: We're on item number 6.
Commissioner Plummer: Number 6.
Mayor Carollo: An emergency ordinance, 4/5ths vote required. Is there a motion?
Commissioner Plummer: Mr. Mayor, I'll move or I'll second the motion. But before any of
these capital improvements are made to City Hall... Is that what this one is?
Commissioner Gort: No.
Commissioner Plummer: This is not the City Hall?
Mayor Carollo: No, not this one.
33 September 23, 1997
Bob Nachlinger (Assistant City Manager): No, sir.
Commissioner Gort: No. This is the... changes in the capital improvements fund.
Commissioner Plummer: Oh. Well, now, excuse me. Mr. City Manager, in reference... I had
spoken to you, and I think that you had spoken to members of the Commission about the
Bayfront Park and capital improvement.
Mr. Nachlinger: Yes, sir. That's a...
Commissioner Plummer: All right. Is that included in here, sir?
Mr. Nachlinger: No, it is not. That's an item to be discussed at the budget hearing.
Commissioner Plummer: OK. So it's not up right now.
Mr. Nachlinger: No, sir.
Commissioner Plummer: Thank you, sir.
Mayor Carollo: Is there a motion on item 6?
Commissioner Plummer: Yes.
Commissioner Gort: Move it.
Mayor Carollo: There's a motion by Commissioner Plummer, second by Commissioner Gort.
Can you read the ordinance?
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING CAPITAL IMPROVEMENT
ORDINANCE NO. 11337, AS AMENDED, ADOPTED JANUARY 25, 1996;
CONTINUING AND REVISING PREVIOUSLY APPROVED SCHEDULED
CAPITAL IMPROVEMENT PROJECTS; AND ESTABLISHING NEW CAPITAL
IMPROVEMENT PROJECTS TO BEGIN DURING FY'96-97; PROVIDING
CONDITIONS AUTHORIZATIONS AND DIRECTIONS TO THE CITY
MANAGER AND CITY CLERK; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
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.
34 September 23, 1997
0
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. 11544.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
10. DISCUSS PROPOSED EMERGENCY ORDINANCE: ESTABLISH WAGESS
COALITION, REGION 23, DADE AND MONROE COUNTIES, STATE
DEPARTMENT OF CHILDREN AND FAMILIES REVENUE FUND --
APPROPRIATE $1,500,OOOFROM WORK AND GAIN ECONOMIC SELF-
SUFFICIENCY COALITION GRANT AWARD -- SEE LABEL 12.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: On item 7, Mr. Mayor, I move it with pride, and I will be able to tell
you some other things if you get a second, which I'm sure you will.
Commissioner Gibson: Second.
Mayor Carollo: Second by Commissioner Gibson.
A. Quinn Jones, III, Esq. (City Attorney): An emergency ordinance establishing a new special
revenue fund entitled...
Commissioner Plummer: Well, discussion.
Mr. Jones: I'm sorry.
Commissioner Plummer: Mr. Mayor, this is the second allocation this City has been able to
secure in WAGES (Work and Gain Economic Self -Sufficiency), which is jobs. Not jobs, but
training for jobs. Through your consortium, you got a half a million dollars to begin with. This
is now from the direct WAGES Council, is another million and a half dollars. Bert Waters and
Gwendolyn are to be commended for the work that they've done up to this point. Now, that also
puts a big whip to their heads for the fact now we have to do the two million dollars
($2,000,000) worth of training.
35 September 23, 1997
-pir,azic;u-[llat7yviu-ali-llav--, vuLc. ivL ik, uuu 1 ..-- u —.. ..... .b.. . ••.. •....�...-..�-.,..J,- --- t----------------
Mayor Carollo: Certainly.
36 September 23, 1997
38 September 23, 1997
39 September 23, 1997
I'm sure that they are very, very capable, but I solute them for the work that they have done in
concert with the consortium and with the WAGES (Work and Gain Economic Self -Sufficiency)
Board. We were the only city, by the way, that got money from direct WAGES. We got a
million and a half dollars. There's a lot of conversation about what else took place down there
of giving so much money, fourteen million to a profit -making corporation, but I won't get into
that at this time. We'll save that for another day. Mr. Mayor, I hope, through the media, the
people that are watching the television, make themselves aware that this City has two million
dollars ($2,000,000) for training, if they are interested. Remember, this is work out of welfare.
And keep in mind that the time is running. You have a year from this October where welfare is
bye-bye, aid to dependent children is bye-bye, a great deal of food stamps are bye-bye. So what
I'm saying, and I hope through the media that they realize that this money is available, and they
will avail themselves for the training of the two million dollars ($2,000,000) that the City has
been the recipient of.
Mayor Carollo: Thank you, Commissioner, and congratulations on the...
Commissioner Plummer: Now you can have the job back.
Mayor Carollo: ... fine job that you've done here. One of the areas that I'd like for us to be
zeroing in on is using a portion of this money to start training people in the hospitality sector in
tourism, particularly when in the next year and a half, we're going to have some five thousand
plus jobs, minimum, on new hotels that will be built in the City of Miami.
Vice Mayor Regalado: And again, I would ask the Administration, especially Gwendolyn, to try
to have this program mirror the City of Miami. I know that it was late during the summer youth
programs, but I hope that on these programs, we will be able to bring every community.
Commissioner Gort: Mr. Mayor, I'd also like to recommend, if possible... There's a lot of job
training, especially in computers, already organizations within different neighborhoods
providing training to the school system, to look into giving an opportunity to those people, if
they can, to expand the program, because they already have the experience. They've been
working on it for a while.
----------------------------------------------------------------------------------------------------------------
11. COMMENTS REGARDING THE NEED TO CONTINUE TO PROMOTE
MIAMI POSITIVELY, LOCALLY AND INTERNATIONALLY -- SEE LABEL
9.
Mayor Carollo: If you would read the Ordinance, please.
Commissioner Plummer: Eleanor... Eleanor wants to speak.
Mayor Carollo: Oh, Eleanor, I'm sorry, go ahead.
Eleanor Kluger: It seems that item number 6 passed me by very quickly, and that happens to be
with capital improvement. And I believe that some of those capital improvements affect the area
of the boulevard... of the Venetian Causeway. And I just wanted to make a comment. I am very
pleased that you all have voted for it, and I had a few things I wanted to say, if I'm permitted to.
Mayor Carollo: Certainly.
36 September 23, 1997
Ms. Kluger: OK. I take...
Commissioner Plummer: Oh, boy, Joe. She can't now. She can't now.
Ms. Kluger: What I'd like to say is that I've been out of town in Europe on a business trip, and I
just came back and was very happy to find out that I still had a Miami to come back to and a City
Commission. And I wanted to tell you that the world really looks at Miami, and Miami is truly a
magic city. And the name "Miami" was something that you needed to fight for to preserve
because it is a magic... as is Paris, and as is other great cities. And I hope that in the next
hundred years that we will see this area grow, and people that think and dream of Miami will not
be disappointed when they come here.
Commissioner Plummer: How much money is in the budget for lot clearing? Do you know?
Ms. Kluger: And I also wanted to show you a paper, how much the world does think of Miami
in the fact that they, Peugeot, have named a car called the "Miami"... "Miami Nice," Peugeot,
and they're introducing this in Europe. Also, too, the papers carry everything about what's
happening here in Miami. They don't pick other cities. They do pick Miami to talk about. So
we have that image that you're talking about, and that today's newspaper talked about was an
image. And what we need to do is play on that image, and bring up all of the wonderful things
that are Miami, and why all of us love Miami. And we just don't realize how important we are
to the world. And we've let, in the last fifteen years or so, Miami go down, and it's now time to
improve. The Summit of the Americas proved to most of us that trees mean an awful lot, and
beauty. If any of you are coming across MacArthur Causeway or the Julia Tuttle Causeway
right now, you see the beauty of all the trees that have been planted since the summit, and it
continues to go on. And everyone, residents and visitors, feel very good. And our group is
devoted right now, the Omni area, to improving the gateways because these are the blocks that
everybody, tourists alike, come through and see. And so I want to say that in the future, I hope
that this Commission will help the residents who really love Miami to rebuild to the image that it
should be, and what people really perceive it to be. And so I want to thank you for your
cooperation on number 6, and that the Venetian Causeway residents on behalf of Barbara Bisno
(phonetic), we thank you for your interest and your support so that we can make the City of
Miami as beautiful as the City of Miami Beach is becoming. And we want to join and have that
Venetian Causeway look as one unit, because we feel as one unit. And I don't know if you all
realize that the Venetian Causeway consists of three islands that are the Beach and two islands
that belong to the City. And truthfully, that thing should be one beautiful road that we, as
residents and those visitors that come here, will enjoy. Thank you.
Mayor Carollo: Thank you.
37 September 23, 1997
.7
•
---------------- -----------------------------------------------------------------------------------------------
12. APPROVE PROPOSED EMERGENCY ORDINANCE: ESTABLISH WAGES
(WORK AND GAIN ECONOMIC SELF-SUFFICIENCY) COALITION,
REGION 23, DADE AND MONROE COUNTIES, STATE DEPARTMENT OF
CHILDREN AND FAMILIES REVENUE FUND -- APPROPRIATE $1,500,000
FROM WAGES COALITION GRANT AWARD -- SEE LABEL 10.
Mayor Carollo: Sam, good seeing you here.
Mr. Sam Mason: Good afternoon. To the Mayor, distinguished Commissioners, I want to
congratulate this Commission and the Administration for the Welfare to Work initiative. I do
want to speak for the Model City/Liberty City area. The community asked me would I address
the Commissioners on their effort in terms of the Welfare to Work. What we're saying is that
we have one of the distressed areas in the City of Miami. We need the training. We have the
people there and the opportunity for the City to do a good a job. And we're asking the City to
try... to put some special effort in that area. We have a section, like the Martin Luther King
Economic Development Corporation, which you have a thousand square foot of space there that
is unused. Commissioner Regalado spoke about moving some of these agencies out in some of
these areas and let's try to help these communities. I think that was a very dynamic statement he
made. We stopped at that point, but I wish they'd look into it farther, that we move some of
those agencies. Maybe the Job Corps, take it to ,Liberty City. That's where the people are. The
people who need the jobs can't even get down to the Dupont Plaza. You could save the rent.
The City has the building out there. They could use the... rent maybe for a little of nothing. But
at least we could make that effort of the Welfare to Work. And I think this is going to be a big
initiative for our community, and it would definitely be a big plus for the Commission.
Vice Mayor Regalado: Sam, Sam, let me tell you that you're so right. And yesterday, I was told
by the Administration that today, we will have to approve a month -by -month lease in Dupont
Plaza. I still say... and I understand that they have been overworked with the WAGES Program,
and I understand that, but I still think that what you say is the right thing. People do not have the
money to go to the Dupont Plaza. If you have a car, you need to pay four or five bucks. They
don't have the four or five bucks. They don't have the two bucks to go and take the bus, and the
Metrorail, and Metromover, and whatever Metro that there is. And I just hope... I will call on
the Administration that, please, if you need a weekend... if we need to... If we need to come up
with some funds to pay overtime and move out of the Dupont Plaza, do so. There is a lot of
space in the substation in Flagler and 22nd. There is a lot space in Liberty City. Why don't we
just do it? I don't understand. And I sympathize with the work that this agency has been doing,
but I think that people can do two things at the same time. You can work with the people, but at
the same time, you can start moving out of the building. We are wasting money. And you
know, I will be voting for your month -to -month lease, but I think that we're dragging our feet.
We said this a long time ago. We have the space, we have the facilities, we have the agreement
with the police. I don't know why we just don't move. People can walk to those offices. There
is a lot of poor people in the City of Miami. I know a lot of poor people in the City of Miami. I
know people that do not have two dollars ($2) to get on the bus and go downtown. I know them,
personally. So people walk. I've seen people walk about 20 blocks to go from one place to
another every day, even to a work place. There is a lot of problems here in Miami and I just... I
just hope... excuse me... I just hope that you will move out of the Dupont Plaza, because, you
know, there is also the perception of a poor person. If a welfare mother with three kids sees that
huge building, luxury building, she would not go in, because that's the way it is. It... you know
it... people are shy. And if she sees a humble office with people that she can see right from the
sidewalk, she will go in. So I will tell you again, please try to do something to move out of the
38 September 23, 1997
building. If you need volunteers, I'm sure that we can get people from the community to carry
your files and move to the right place.
Mayor Carollo: Sam, thank you very much.
Mr. Mason: Thank you sir, and this Commission has my support in any effort.
Vice Mayor Regalado: Thank you.
Mayor Carollo: Thank you, Sam. Can you read the Ordinance, please?
An Ordinance entitled -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE
FUND ENTITLED: "WAGES COALITION, REGION 23, DADE AND MONROE
COUNTIES, STATE DEPARTMENT OF CHILDREN AND FAMILIES" AND
APPROPRIATING FUNDS FOR THE OPERATION OF THE PROGRAM IN THE
AMOUNT OF $1,500,000.00 FROM THE STATE OF FLORIDA WORK AND
GAIN ECONOMIC SELF-SUFFICIENCY (WAGES) COALITION GRANT
AWARD; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE FLORIDA STATE DEPARTMENT OF CHILDREN
AND FAMILIES FOR THE ACCEPTANCE OF SAID GRANT; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR
AN EFFECTIVE DATE.
was introduced by Commissioner Plummer and seconded by Commissioner Gibson, 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 Gibson, 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. 11545.
39 September 23, 1997
0
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Mayor Carollo: OK.
----------------------------------------------------------------------------------------------------------------
13. SECOND READING ORDINANCE: AMEND SECTION 40-250 OF CODE:
RIGHT TO REJECT MEMBERSHIP IN PENSION TRUST -- PROVIDE FOR
CITY MANAGER TO PARTICIPATE IN PUBLIC TRUST FUND -- FOR
CITY TO PICK UP CONTRIBUTIONS.
Commissioner Plummer: Move Item 8.
Vice Mayor Regalado: Second reading.
Commissioner Plummer: Huh? I thought we just did 7. Where are you? Catch up.
Vice Mayor Regalado: Second reading ordinance. Do you want to say something on this, Mr.
Gonzalez?
Mr. Manuel Gonzalez-Goenaga: Yes.
Vice Mayor Regalado: All right, go ahead, two minutes.
Mr. Gonzalez-Goenaga: I...
Vice Mayor Regalado: One second. OK. Now you can do it.
Mr. Gonzalez-Goenaga: OK. In two minutes, I can only say that what we have here is a highly
paid Chief Executive Officer of a corporation that is paid, as far as I understand, as much as the
President of the United States of America, with the responsibility of 34 square miles and a
hundred and thirty... and 356,000 people. It is a bad example to pay such a high salary. And let
me tell you, I am concerned about these benefits because Mr. Cesar Odio wants to get with
ninety-five thousand dollars ($95,000) a year in tricky -dicky things. So I am against this. I am
against... For the fourth poorest city in the nation to be paid so highly, it sets a bad example.
And let me tell you, Mr. Manager, he has a history as Finance Manager of the Port Authority.
That's all for the time being.
Vice Mayor Regalado: Thank you. Read the ordinance, please.
Commissioner Plummer: There's only one difference between our Manager and the President of
the United States. Our Manager does a good job. So...
Vice Mayor Regalado: Call the roll.
40 September 23, 1997
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.
passed on its first reading, by title, at the meeting of September 9, 1997, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Plummer, seconded by Vice Mayor Regalado, the ordinance was thereupon given its
second and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11546.
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.
NOTE FOR THE RECORD: Although absent during roll call,
Mayor Carollo requested of the Clerk to be shown as being in
agreement with the motion.
41 September 23, 1997
-- -------------------------------------------------------------------------------------------------------------
14. ESTABLISH MONEY PURCHASE RETIREMENT PLAN FOR CITY
MANAGER.
Vice Mayor Regalado: Number 9.
Commissioner Plummer: Move it.
Vice Mayor Regalado: Moved by Commissioner Plummer, seconded by...
Commissioner Gibson: Gibson.
Vice Mayor Regalado: ... Commissioner Gibson. 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. 97-643
A RESOLUTION, WITH ATTACHMENT(S), ESTABLISHING A MONEY
PURCHASE RETIREMENT PLAN FOR THE CITY MANAGER, AS SET FORTH IN
THE ATTACHED ICMA PROTOTYPE MONEY PURCHASE PLAN AND TRUST
(THE "PLAN") AND THE DECLARATION OF TRUST, AND PROVIDING FOR THE
EXECUTION OF THE ADOPTION AGREEMENT; FURTHER APPOINTING THE
LABOR RELATIONS OFFICER AS PLAN COORDINATOR AND AUTHORIZING
SAID LABOR RELATIONS OFFICER TO EXECUTE ALL NECESSARY
AGREEMENTS WITH THE ICMA RETIREMENT CORPORATION RELATIVE TO
THE ADMINISTRATION OF SAID PLAN.
(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: Although absent during roll call,
Mayor Carollo requested of the Clerk to be shown as being in
agreement with the motion.
42 September 23, 1997
-- -------------------------------------------------------------------------------------------------------------
15. APPROVE ACQUISITION OF AUTOMATIC BACKUP AND RECOVERY
SYSTEM -- FROM B & L ASSOCIATES, INC. -- ALLOCATE $86,250 FROM
ACCT 001000.2661301.6.335
Vice Mayor Regalado: Item 10.
Commissioner Plummer: Move it.
Vice Mayor Regalado: Moved by Commissioner Plummer.
Commissioner Gort: Second.
Vice Mayor Regalado: Second by Commissioner Gort. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-644
A RESOLUTION APPROVING THE ACQUISITION OF AN AUTOMATIC BACKUP
AND RECOVERY SYSTEM, CONSISTING OF COMPUTER HARDWARE,
SOFTWARE, AND ASSOCIATED SUPPORT EQUIPMENT, IN THE AMOUNT OF
$75,000 AND FIRST YEAR MAINTENANCE FOR SAID EQUIPMENT, IN THE
AMOUNT OF $11,250, FOR A TOTAL COST OF $86,250, FROM B & L
ASSOCIATES, INC., UNDER EXISTING STATE OF FLORIDA NEGOTIATED
AGREEMENT PRICE SCHEDULE (SNAPS) NO. 252497, SAID MAINTENANCE TO
BE FOR A PERIOD OF ONE (1) YEAR WITH THE OPTION TO EXTEND FOR
THREE (3) ADDITIONAL ONE (1) YEAR PERIODS WITH ANNUAL
MAINTENANCE INCREASES NOT TO EXCEED 5% OF FIRST YEAR COST;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT NO., 001000.261301.6.335;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDER(S) 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 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
NAYS: None.
ABSENT: Mayor Joe Carollo
43 September 23, 1997
•
•
NOTE FOR THE RECORD: Although absent during roll call,
Mayor Carollo requested of the Clerk to be shown as being in
agreement with the motion.
----------------------------------------------------------------------------------------------------------------
16. APPROVE FINDINGS OF SELECTION COMMITTEE -- FOR
PROFESSIONAL SERVICES FOR INTERACTIVE VOICE RESPONSE
SYSTEM.
Vice Mayor Regalado: Eleven has been withdrawn.
Commissioner Plummer: Thirteen, I move.
Vice Mayor Regalado: Twelve has been withdrawn. Thirteen.
Commissioner Plummer: Thirteen, I move.
Vice Mayor Regalado: Thirteen, moved by Commissioner Plummer, second by Commissioner
Gibson. 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. 97-645
A RESOLUTION APPROVING THE FINDINGS OF THE SELECTION COMMITTEE
AS TO THE MOST QUALIFIED FIRM TO PROVIDE PROFESSIONAL SERVICES
FOR THE INSTALLATION AND MAINTENANCE OF AN INTERACTIVE VOICE
RESPONSE SYSTEM FOR THE DEPARTMENT OF BUILDING AND ZONING;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN AGREEMENT WITH
SAID FIRM WHICH IS FAIR, COMPETITIVE AND REASONABLE; DIRECTING
THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, TO THE CITY COMMISSION
FOR ITS RATIFICATION AND APPROVAL.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
44 September 23, 1997
Ll
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: Although absent during roll call,
Mayor Carollo requested of the Clerk to be shown as being in
agreement with the motion.
----------------------------------------------------------------------------------------------------------------
17. AUTHORIZE CITY MANAGER TO ACCEPT $7,500 GRANT FROM STATE
OF FLORIDA -- FOR REFURBISHMENT OF CITY HALL.
Commissioner Plummer: Move 16.
Vice Mayor Regalado: Item 14.
Commissioner Plummer: No, 16 isn't it?
Vice Mayor Regalado: Sorry?
A. Quinn Jones, III, Esq. (City Attorney): Fourteen.
Commissioner Plummer: Fourteen and 15 have been withdrawn.
Vice Mayor Regalado: Fourteen, 15...
Commissioner Plummer: I move 16, with the proviso that before anything is done, the City
Commission has to approve it first.
Mr. Jack Luft (Director, Planning & Development): It's just a plan.
Commissioner Plummer: Yeah.
Mr. Luft: That does... Nothing happens; just we'll bring you a report.
Commissioner Plummer: Well, what I'm saying is that you're talking about redoing City Hall.
OK? We realize that there's got to be a new podium up here. We realize there's got to be
another office established, and we, the Commission, will make the decision. Before you go lay
all of this out and come tell us what you think we want to do, you better come here first and talk
with us before you start doing anything.
45 September 23, 1997
Mr. Luft: Surely.
Commissioner Plummer: I move 16.
Vice Mayor Regalado: OK. One question. One office has to be built before the November 4
election. Do you have any plans already? Do you have any timetable?
Bob Nachlinger (Assistant City Manager): Commissioner, we do have tentative plans that we
anticipate talking with you. There are... the funds associated with it are included in the budget
discussion for five o'clock this afternoon.
Commissioner Plummer: Yeah, but I want to see the actual, physical layout.
Vice Mayor Regalado: Yeah. That's right.
Commissioner Plummer: OK? For example, the one question I asked this morning... and it's his
prerogative solely... is the Mayor going to stay in this building, or is he going to spend full-time
downtown in the Riverside building? I mean, all of that is questions that have to be resolved. I
have not had any answers, whatsoever, at this particular point. And all I'm saying to you is,
before you go formulate in your mind what you think we should have, you better come talk to us,
so that you don't have to go back and completely redo it. So I'm trying to save you some time,
money and effort. That's all I'm saying.
Vice Mayor Regalado: And we can... and we can't wait for the next Commission meeting,
because then the timetable for construction will not catch up with you. So you need to visit with
each member of the Commission before deciding. When...
Commissioner Plummer: I move 16.
Vice Mayor Regalado: Right. When will you plan to do that? Is that you, Jim or...
Mr. Jim Kay (Director, Public Works): That's... That would be me. I can do that probably as
soon as you want to. We have some layouts prepared and would be glad to sit down.
Commissioner Plummer: You see, that's what scares me. That's what scares me.
Vice Mayor Regalado: All right, all right. You need to meet...
Mr. Kay: They're just layouts. They're not hard plans yet.
Vice Mayor Regalado: Well, but you need to meet with each member of the Commission and
the Mayor, of course, in the course of this week so we don't, you know... so... and the
Commission has... And you have to report to the Mayor and the Commissioners that the rest of
the Commission has agreed or has been willing to modify the layouts.
Mr. Kay: OK. We'll be doing that.
Vice Mayor Regalado: Seventeen has been moved by Commissioner Plummer... I'm sorry...
Commissioner Plummer: Sixteen.
Vice Mayor Regalado: ... 16, moved by Commissioner Plummer.
46 September 23, 1997
Commissioner Gort: Second.
Vice Mayor Regalado: Second by Commissioner Gort. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-646
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $7,500, FROM THE
FLORIDA DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES,
TO PREPARE A PRESERVATION MASTER PLAN FOR THE REHABILITATION
OF MIAMI CITY HALL; FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
AND ANY DOCUMENTS NECESSARY, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THE ACCEPTANCE AND IMPLEMENTATION OF SAID
GRANT.
(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
NAYS: None.
ABSENT: Mayor Joe Carollo
NOTE FOR THE RECORD: Although absent during roll call,
Mayor Carollo requested of the Clerk to be shown as being in
agreement with the motion.
47 September 23, 1997
0
-- -------------------------------------------------------------------------------------------------------------
18. PROPOSED FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL
REVENUE FUND: MIAMI CITY HALL MASTER PLAN PROJECT
GRANT -- APPROPRIATE $15,000.
Vice Mayor Regalado: Seventeen is a companion.
Commissioner Plummer: Move it with the same proviso.
Vice Mayor Regalado: Same proviso.
Commissioner Gibson: Second.
Vice Mayor Regalado: Second by Commissioner Gibson. All in favor say...
Vice Mayor Regalado: No, no, an Ordinance.
A. Quinn Jones, III, Esq. (City Attorney): An Ordinance establishing...
Vice Mayor Regalado: Oh, I'm sorry. Call the roll.
An Ordinance entitled -
AN ORDINANCE ESTABLISHING .A NEW SPECIAL REVENUE FUND
ENTITLED: "MIAMI CITY HALL MASTER PLAN PROJECT GRANT" AND
APPROPRIATING FUNDS FOR THE OPERATION OF SAID PROJECT IN THE
TOTAL AMOUNT OF $15,000, CONSISTING OF A $7,500 GRANT FROM THE
FLORIDA DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES,
AND A $7,5000 CASH CONTRIBUTION FROM THE CITY OF MIAMI
DEPARTMENT OF PLANNING AND DEVELOPMENT; 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
NAYS: None.
ABSENT: Mayor Joe Carollo
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
48 September 23, 1997
NOTE FOR THE RECORD: Although absent during roll call,
Mayor Carollo requested of the Clerk to be shown as being in
agreement with the motion.
----------------------------------------------------------------------------------------------------------------
19. APPROVE SUBLEASE AGREEMENT BETWEEN MIAMI SPORTS AND
EXHIBITION AUTHORITY AND GREATER MIAMI CONVENTION AND
VISITORS BUREAU -- FOR VISITORS CENTER AND ADMINISTRATIVE
OFFICES AT AVIATION AND VISITORS CENTER AT WATSON ISLAND.
Commissioner Plummer: Move 18.
Vice Mayor Regalado: Eighteen has been moved by Commissioner Plummer, second...
Commissioner Gibson: Gibson.
Vice Mayor Regalado: ... by Commissioner Gibson. 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. 97-647
A RESOLUTION APPROVING A SUBLEASE AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE MIAMI SPORTS AND
EXHIBITION AUTHORITY (MSEA) AND THE GREATER MIAMI CONVENTION
AND VISITORS BUREAU FOR A VISITORS CENTER AND ADMINISTRATIVE
OFFICES AT THE AVIATION AND VISITORS CENTER ON WATSON ISLAND,
PURSUANT TO THE INTERLOCAL AGREEMENT DATED AUGUST 14, 1997
BETWEEN THE CITY OF MIAMI AND MSEA.
(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
49 September 23, 1997
NOTE FOR THE RECORD: Although absent during roll call,
Mayor Carollo requested of the Clerk to be shown as being in
agreement with the motion.
----------------------------------------------------------------------------------------------------------------
20. APPROVE SALE TO U.S. GENERAL SERVICES ADMINISTRATION OF
LOT 10 -- AUTHORIZE MANAGER TO EXECUTE AGREEMENT
BETWEEN CITY AND OFF-STREET PARKING DEPARTMENT -- DIRECT
OFF-STREET PARKING TO SELL PROPERTY.
Commissioner Plummer: Move 19.
Vice Mayor Regalado: Nineteen. What is the lot? Where is the lot?
Commissioner Plummer: Next to the MRC (Miami Riverside Center) Building, isn't it? Isn't
that the lot?
Mr. Jack Luft (Director, Planning & Development): This is lot 10.
Mr. Jim Kay (Director, Public Works): This is the one adjacent to Channel 6.
Commisisoner Plummer: Oh, oh, OK.
Mr. Luft: Up on the 5th Street parking lot. This is where the Federal government is buying the
site.
Vice Mayor Regalado: Commissioner Gibson has some questions.
Commissioner Gibson: No. I just had down here where is Lot 10 and Block 77. I didn't know...
didn't have an address.
Mr. Luft: It's... Lot 10 is in Block 77. Block 77 is where the People Mover is on 5th Street, just
south of the arena. It's the parking lot on that block that the Federal government is purchasing.
Commissioner Plummer: One more thing...
Vice Mayor Regalado: Item 19 has been moved by Commissioner Plummer.
Commissioner Plummer: Yeah.
Vice Mayor Regalado: Second by...
Commissioner Gort: I second.
Vice Mayor Regalado: ... Commissioner Gort. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
50 September 23, 1997
E
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-648
A RESOLUTION, WITH ATTACHMENT(S), APPROVING THE SALE TO THE U.S.
GENERAL SERVICES ADMINISTRATION (GSA) OF A CERTAIN PARCEL OF
LAND COMMONLY KNOWN AS LOT 10, AND LEGALLY DESCRIBED IN THE
CONTRACT ATTACHED HERETO AS EXHIBIT "A," AS PART OF THE SALE OF
A LARGER PARCEL OWNED BY THE DEPARTMENT OF OFF-STREET
PARKING (DOSP), FOR A PURCHASE PRICE OF $53.00/SQUARE FOOT;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY AND DOSP,
AUTHORIZING AND DIRECTING DOSP TO SELL THE PROPERTY, ON THE
CITY'S BEHALF, AND FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, AS MAY BE REQUIRED TO CONSUMMATE THE SALE
TO GSA.
(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
NAYS: None.
ABSENT: Mayor Joe Carollo
NOTE FOR THE RECORD: Although absent during roll call,
Mayor Carollo requested of the Clerk to be shown as being in
agreement with the motion.
----------------------------------------------------------------------------------------------------------------
21. AUTHORIZE FUNDING OF "DO THE RIGHT THING" PROGRAM --
ALLOCATE $165,500 FROM POLICE LETF PROJECT 690002.
Commissioner Plummer: I move item 20, the best thing the Police Department's got.
Commissioner Gort: "Do The Right Thing." It works for the kids at elementary school level. I
think it's great, move it... second.
Vice Mayor Regalado: Moved by Commissioner Gort, second by Commissioner Plummer. All
in favor, signify by saying "aye."
51 September 23, 1997
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-649
A RESOLUTION AUTHORIZING FUNDING OF THE "DO THE RIGHT THING"
PROGRAM, IN THE AMOUNT OF $165,500.00; 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.)
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
NAYS: None.
ABSENT: Mayor Joe Carollo
NOTE FOR THE RECORD: Although absent during roll call,
Mayor Carollo requested of the Clerk to be shown as being in
agreement with the motion.
----------------------------------------------------------------------------------------------------------------
22. ACCEPT BID: MARTIN'S LAMAR UNIFORMS -- FOR UNIFORM
ACCESSORIES FOR POLICE -- ALLOCATE $42,400 FROM ACCT.
001000.290201.6.075.
Vice Mayor Regalado: Twenty-one.
Commissioner Plummer: Hit the fan.
Vice Mayor Regalado: The uniforms. That's...
Commissioner Plummer: Yeah, 21 and 22.
Vice Mayor Regalado: Twenty-one and 22.
52 September 23, 1997
•
Commissioner Plummer: If there's no one here to object and there's no one here to raise holy
hell, I move Item 21.
Vice Mayor Regalado: Item 21 has been moved by Commissioner Plummer.
Commissioner Gibson: Second.
Vice Mayor Regalado: Second by Commissioner Gort. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-650
A RESOLUTION ACCEPTING THE BID OF MARTIN'S LAMAR UNIFORMS, FOR
THE FURNISHING OF UNIFORM ACCESSORIES TO THE DEPARTMENT OF
POLICE, ON A CONTRACT BASIS FOR A PERIOD OF ONE (1) YEAR WITH THE
OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT
A TOTAL PROPOSED ANNUAL AMOUNT OF $42,400.00; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO. 001000.290201.6.075; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE PURCHASE ORDERS FOR THESE PURCHASES.
(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: Although absent during roll call,
Mayor Carollo requested of the Clerk to be shown as being in
agreement with the motion.
53 September 23, 1997
•
-------------------------------------------------------- ---------------------------------------------- ----------
23. ACCEPT BID: MARTIN'S LAMAR UNIFORMS -- FOR POLICE
UNIFORMS -- ALLOCATE $300,787 FROM ACCT. 001000.290201.1.6.075.
Vice Mayor Regalado: Twenty-two. Same.
Commissioner Plummer: Under the same item 22, there's no one here to object...
Vice Mayor Regalado: Moved by Commissioner Plummer, second by Commissioner Gibson.
Commissioner Plummer: Hold on, hold on. Let the record reflect that item 21 and 22 were the
uniforms for the Police Department that at the last meeting was tremendously controversial. Let
the record reflect that no one, for or against, is here to speak, except Lucia Dougherty.
Vice Mayor Regalado: Absolutely.
Commissioner Gort: I'd like the picture that came out.
Commissioner Plummer: Yeah. OK. I just... Mr. Vice Mayor, it was so controversial before
and suddenly...
Vice Mayor Regalado: Is she wearing a Lamar uniform?
Commissioner Plummer: Yes, that's the Lamar uniform.
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD)
Commissioner Plummer: You put her in a uniform. I'd love to see that one.
Captain Joseph Longueira (Deputy Commander, Police Support Services.): She needs more gold
buttons.
Commissioner Plummer: Call the roll.
Vice Mayor Regalado: All right. Commissioner Plummer is right, and it's somehow strange
that we didn't have today the same passion that we had...
Commissioner Plummer: Yep.
Vice Mayor Regalado: ... last meeting, but the record has shown that nobody is present here to
address this Commission regarding this item.
Commissioner Plummer: Let's move on.
Vice Mayor Regalado: Item 22 has been moved.
Commissioner Gibson: I'd just like to commend the staff for coming up with the information
that they did on this, and I do appreciate the fact that they came in and pointed out some of the
differences in the prices. And I was satisfied with that, and want to thank the staff for that.
54 September 23, 1997
C,
Vice Mayor Regalado: Thank you, Commissioner. Mariano, you want to...
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. The only thing I'm going to say:
Is none of these uniform companies within the City limits, the City of Miami? Because I
remember when Lamar Uniforms used to be on 7th Avenue and 22 Street, because I used to buy
uniforms there myself, 20 years ago. I would like to... I don't know, maybe we should do more
to encourage doing business with the business people that stay...
Vice Mayor Regalado: I...
Mr. Cruz: ... that stay in the City limits.
Vice Mayor Regalado: Excuse me. I was told by the Administration that the proposal that I
presented will be brought back in October, so the City vendors will have a say in this contract.
So...
Commissioner Plummer: Are they going to establish... Lucia, please... are they going to
establish an office in the City?
Ms. Lucia Dougherty: At the last bid,. we did have an office in the City, and we moved it
subsequent to that time. And I don't know that... There was no requirement to have an office in
the City at that time...
Commissioner Plummer: I understand there's no requirement. But I'm thinking of the time
involved for this kind of a contract, if they had nothing but a cubicle to take measurements and
deliver their goods...
Ms. Dougherty: You know, our office is literally across the street from the City of Miami, right?
A block away?
Commissioner Plummer: No, they're out in the boonies.
Ms. Dougherty: No.
Commissioner Plummer: 72nd Avenue? Where are they?
Commissioner Gibson: We'll be glad to have them come to Coconut Grove.
A. Quinn Jones, III, Esq. (City Attorney): 46th Street.
Commissioner Plummer: 46th Street and what?
Ms. Dougherty: If that's what you need, we'll do it.
Commissioner Plummer: I think you should.
Vice Mayor Regalado: That's what we need.
Commissioner Plummer: Yeah.
Vice Mayor Regalado: That's what we want.
Commissioner Plummer: Now, let me ask you another question.
55 September 23, 1997
Ms. Dougherty: Be happy to do it.
Commissioner Plummer: Mr. Longueira, in the same vein, where is the City doctor located?
Captain Longueira: Where is the City what?
Commissioner Plummer: I think we do have a City doctor, and he's down in the south, 180
something street.
Captain Longueira: It depends where they send us.
Commissioner Plummer: OK.
Captain Longueira: Most of our people go across the street from the Police Station.
Commissioner Plummer: OK. Give me a memo to the City doctor that's at 180th Street or so
and South Dixie Highway. I'd like to know why we have a City doctor that's not in the City.
Vice Mayor Regalado: Do we have a City doctor?
Commissioner Plummer: Well, we have a number of them.
Captain Longueira: Well, you have doctors you refer people to. They could be anywhere, in
Dade or Broward County.
Commissioner Plummer: That's right, anywhere in the City of Miami.
Captain Longueira: No, the issue is... there's... It's a very complicated issue. We'll come talk
to you about it.
Commissioner Plummer: Uncomplicate the issue and let's do business with our own.
Vice Mayor Regalado: Absolutely, absolutely.
Commissioner Plummer: Next item.
Ms. Dougherty: Mr. Vice Mayor, members of the Board, we need to...
Commissioner Plummer: I'm expecting a memo before the next City Commission.
Captain Longueira: Yeah, we'll get Risk Management to address that, too.
Commissioner Plummer: That's fine.
Vice Mayor Regalado: Excuse me. Lucia?
Ms. Dougherty: Mr. Vice Mayor, members of the Board, Lucia Dougherty, 1221 Brickell
Avenue. My client just advised me that they are moving in January. They have contacted the
DDA (Downtown Development Authority) to assist them in finding an office for their
headquarters here in Miami.
Vice Mayor Regalado: Good.
Commissioner Plummer: If they want to buy one, I can tell them where there's one for sale.
56 September 23, 1997
Ms. Dougherty: OK.
Commissioner Plummer: The old...
Vice Mayor Regalado: Item...
Commissioner Plummer: No, no, no. Whoa, whoa, whoa, whoa.
Vice Mayor Regalado: ... 22. We have to vote on it.
Commissioner Plummer: The City cable office would be an ideal location on 7th Street and 14th
Avenue Northwest, and I think they ought to look at that. If their interest is in purchasing the
building, we are trying to sell it, and we could do each other a favor.
Ms. Dougherty: Thank you.
Vice Mayor Regalado: All right. Item 22, 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. 97-651
A RESOLUTION ACCEPTING THE BID OF MARTIN'S LAMAR UNIFORMS, FOR
THE FURNISHING OF UNIFORMS TO THE DEPARTMENT OF POLICE, ON A
CONTRACT BASIS FOR A PERIOD OF ONE (1) YEAR WITH THE OPTION TO
EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT A TOTAL
PROPOSED ANNUAL . AMOUNT OF $300,787.00; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO. 001000.290201.6.075; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE PURCHASE ORDERS FOR THESE PURCHASES.
(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: Although absent during roll call,
Mayor Carollo requested of the Clerk to be shown as being in
agreement with the motion.
57 September 23, 1997
------------------------- _---- _----------------------------- ____________________________________________________
24. AUTHORIZE INCREASE OF $1,253.60 IN CONTRACT BETWEEN CITY
AND SOVERIGN CONSTRUCTION GROUP, INC. -- FOR WATER MAIN
PROJECT, B-4585, CIP PROJECT 331391 -- ALLOCATE COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS.
Vice Mayor Regalado: Item 23.
Commissioner Plummer: Move it.
Commissioner Gibson: Second.
Vice Mayor Regalado: Moved by Commissioner Plummer, second by Commissioner Gibson.
All in favor, signify by saying "aye.
Commissioner Gort: I have a question, then.
Vice Mayor Regalado: OK. Question by Commissioner Gort.
Commissioner Gort: Public Works?
Vice Mayor Regalado: Public Works? Public Works?
Commissioner Plummer: Hello, Mr. Kay? I'm calling...
Vice Mayor Regalado: Hello?
Commissioner Gort: Is this expanding the...
Commissioner Plummer: I'm calling collect.
Vice Mayor Regalado: He is here.
Commissioner Gort: He's here. He's here. Come on, he's doing a great job, guys. This... we're
expanding the sewer system in 58th Street, my understanding, and the Flagami area?
Mr. Jim Kay (Director, Public Works): 58th Avenue, you mean?
Commissioner Gort: For the extension of the 50th Street, a 12-inch water main pipe.
Mr. Kay: Yes, sir, yes, sir. That was a water main that had to be extended on 50th Street, in
order to serve the Hadley Pool. That was the new olympic pool that we put in at Hadley Park.
What happened was that the service connection on private property between the street and the
pool had to be... the whole thing had to be replaced.
Commissioner Gort: OK, thank you.
Vice Mayor Regalado: OK. All in favor... It's a... Moved by Commissioner Plummer.
Commissioner Gort: J.L.?
58 September 23, 1997
Commissioner Plummer: Yeah. On what item, 23?
Vice Mayor Regalado: Twenty-three.
Commissioner Plummer: Yes, sir.
Vice Mayor Regalado: OK. Second by Commissioner Gort. 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. 97-652
A RESOLUTION AUTHORIZING AN INCREASE IN THE AMOUNT OF $1,253.60,
FROM $77,580.90 TO $78,834.50, IN THE CONTRACT BETWEEN THE CITY OF
MIAMI AND SOVEREIGN CONSTRUCTION GROUP, INC., DATED DECEMBER
8, 1995, FOR THE N.W. 50 STREET 12 INCH WATER MAIN PROJECT, B-4585
(SECOND BIDDING), C.I.P. PROJECT NO. 331391; ALLOCATING FUNDS
THEREFOR FROM COMMUNITY DEVELOPMENT BLOCK GRANT MONIES
PREVIOUSLY APPROPRIATED BY CAPITAL IMPROVEMENT ORDINANCE NO.
11337, CAPITAL IMPROVEMENT PROJECT NO. 331391.
(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: Although absent during roll call,
Mayor Carollo requested of the Clerk to be shown as being in
agreement with the motion.
59 September 23, 1997
----------------------------------------------------------------------------------------------------------------
25. DISCUSS / TABLE TO LATER IN SESSION CONSIDERATION OF
AGENDA ITEM 24 (OFFICE SPACE RENTAL AT DUPONT PLAZA
CENTER) -- SEE LABEL 42.
Vice Mayor Regalado: Item 24.
Commissioner Plummer: I ask that matter be deferred until the next meeting, please.
Vice Mayor Regalado: Item 24...
Commissioner Plummer: I'd like to go further into the budget.
Vice Mayor Regalado: Item 24 has been deferred.
Ms. Christina Abrams (Director, Public Facilities): Can I make a comment on that?
Commissioner Plummer: Excuse me?
Vice Mayor Regalado: Do we need a vote for that?
Ms. Abrams: May I make a comment?
Vice Mayor Regalado: Mr. City Attorney, do we need a vote or... to defer that?
Commissioner Plummer: Yes.
A. Quinn Jones, III, Esq. (City Attorney): Yes.
Commissioner Plummer: I ask that it be deferred.
Vice Mayor Regalado: OK.
Ms. Abrams: Can I make a comment on that, please?
Commissioner Plummer: At the next meeting.
Ms. Abrams: OK. The management contract with LMI, for the operation... for the management
of the James L. Knight Center expires October... September 30th.
Commissioner Plummer: Well, that's your problem. You should have had it here three or four
months ago, and we wouldn't have been in this time bind.
Ms. Abrams: We brought it. We brought the RFP (Request for Proposal) process to the City
Commission. We brought the selection of the...
Commissioner Plummer: Yeah. But you know, the administrate... All right, defer it at least
until this afternoon and let me get into it further.
Ms. Abrams: OK, sure.
60 September 23, 1997
Commissioner Plummer: The Administration... Let me tell you something. I'm going to start
really raising holy hell when you bring us things as she's bringing to us now, "You got to do it
now." It's wrong. You've got months and months and months.
Vice Mayor Regalado: That's right.
Commissioner Plummer: And you bring something to us, "It's got to be done now or we're in
serious hot water." That's got to stop. It is a bad way of doing business. Now, all I'm saying to
you, I wanted the opportunity to more read on that contract, because I'm concerned, very
concerned, about promoting, and it doesn't say a word about promoting. So ninety-seven
thousand dollars ($97,000) just to manage, maybe we ought to consider going back to the old
theory of having the Convention Bureau manage it, as well.
Ms. Abrams: Commissioner, the previous management company...
Commissioner Plummer: We'll talk about it maybe this afternoon.
Ms. Abrams: OK.
Commissioner Plummer: Right now, defer until the afternoon, at least.
Vice Mayor Regalado: All right.
Mr. Marco Rubio: Quickly, Mr. Mayor. Marco Rubio, 201 South Biscayne Boulevard. The
attorney at our firm in charge of this case, Mr. Al Cardenas, is on his way in. I'd be more than
happy to defer it until the afternoon. He may be able to address some of the concerns this board
has.
Commissioner Plummer: That's fine, that's fine.
Vice Mayor Regalado: All right. This item is deferred until the afternoon session.
----------------------------------------------------------------------------------------------------------------
26. (A) COMMENTS FROM MAYOR CAROLLO REGARDING
WITHDRAWAL OF AGENDA ITEMS 14 AND 15:
IMPROVEMENTS TO WATERFRONT LAND.
(B) COMMENTS FROM COMMISSIONER PLUMMER TO PLACE
MORE RESOLUTIONS ON CONSENT AGENDA.
Commissioner Plummer: I move 25.
Vice Mayor Regalado: OK.
NOTE FOR THE RECORD: Mayor Carollo enters the
Commission --chamber.
Mayor Carollo: Fifteen was not passed yet?
61 September 23, 1997
Commissioner Plummer: I'm sorry?
Mayor Carollo: Did we do 15?
Commissioner Plummer: Fourteen and 15 were withdrawn.
Mayor Carollo: Why?
Commissioner Plummer: I... Sir, ask the Administration why they withdrew it.
Mayor Carollo: Why did we withdraw 14 and 15?
Commissioner Plummer: Fourteen and 15 both were withdrawn...
Mayor Carollo: Oh, OK.
Commissioner Plummer: ... and so advertised.
Vice Mayor Regalado: It's... it's here.
Commissioner Plummer: Eleven, 14, and 15.
Vice Mayor Regalado: Mr. Mayor, it was given in a memo from City Manager.
Commissioner Plummer: Well, look on the board up there.
Mayor Carollo: OK. OK, 14 was. But 15 also was moved?
Commissioner Plummer: Yes, sir.
Vice Mayor Regalado: Yeah.
Commissioner Plummer: Eleven, 14, 15, number 30 were withdrawn by the Administration,
which is their prerogative. And our prerogative is to bring it back, if we want. You know, we
have a thing... I spoke, Mr. Mayor at the last Commission meeting, why we don't put more of
these items of resolutions on a consent agenda?
Mayor Carollo: I agree.
Commissioner Plummer: You know, we could actually... We still give the public the right to
speak on a consent agenda. I want to tell you something. My estimation, which we've just gone
through, we could have done half the agenda in ten minutes. And I would suggest that we tell
the Administration that resolutions need to go on a consent agenda. I don't know why we're not
doing it. Other City Commissions that I've seen and been exposed to, better than 50 percent of
their agendas are consent. And we can do the same. Not Ordinances, I understand that. And if
something is controversial, it can be pulled and put on the next Commission meeting. But I
think we can save a lot of time by taking resolutions which only take a voice vote, putting them
on a consent agenda. Any Commissioner wants to pull it, put it automatically on the next
agenda, they can do it. But I just... I would hope, Mr. Mayor, that if nobody objects, that we
instruct them in future agendas that come forth to put resolutions there.
Mayor Carollo: We really need to do that to expedite...
62 September 23, 1997
Commissioner Plummer: Absolutely.
Mayor Carollo: ... the meetings a lot more.
Commissioner Plummer: Absolutely.
Mayor Carollo: If you could show me voting in the affirmative on the items that I missed while
I had to step out. And 24, that's the item we're on now?
Commissioner Plummer: Twenty-four, I've asked to be deferred till at least the afternoon, Mr.
Mayor.
Mayor Carollo: OK, that's fine.
----------------------------------------------------------------------------------------------------------------
27. AUTHORIZE RENTAL OF OFFICE SPACE AT DUPONT PLAZA CENTER (
300 BISCAYNE BOULEVARD WAY ) WITH BAYVIEW ASSOCIATES,
INC -- FOR NEIGHBORHOOD JOBS PROGRAM -- ALLOCATE JTPA TITLE
II -A / TITLE II-C / TITLE III AND WAGESS / JTPA PROGRAM FUNDS --
EXPLORE OTHER ALTERNATIVES AT BELAFONTE TACOLCY CENTER
FOR OFFICE SPACE.
Vice Mayor Regalado: We are on 25 now, Mr. Mayor.
Commissioner Plummer: We're on 25, and I've moved it.
Mayor Carollo: OK, 25 has been moved by Commissioner Plummer, second by Vice Mayor
Regalado.
Vice Mayor Regalado: Yeah, but with... Again, I would call on the Administration to give this
member... these members of this Commission a detailed report of why we cannot move in the
next two or three months.
Commissioner Plummer: It'll take them that long...
Mayor Carollo: How many square feet are they?
Mr. Elbert Waters (Director, NET/Community Development): Five thousand six hundred and
fifty.
Mayor Carollo: No, that's the money.
Mr. Waters: I'm sorry, I'm sorry.
Mayor Carollo: I'm talking square feet.
Mr. Waters: Sixty-one... 6100.
Mayor Carollo: We do not have 6100 square feet in either both of the substations that we have
or in other locations?
63 September 23, 1997
Vice Mayor Regalado: Of course, we do.
Mr. Waters: No, no, I don't... I would have to check with facilities personnel for that.
Mayor Carollo: In the south substation, we have plenty of room there that's available.
Vice Mayor Regalado: Of course, we do.
Mayor Carollo: At the north, there should be some room, also.
Commissioner Plummer: Well, Mr. Mayor, may I bring a point to you, please? WAGES (Work
and Gain Economic Self -Sufficiency) money. Out of the 26,000 people in this City that are
involved, or in the County, 80 percent are in the black area. So I think that what you need to do
is to get it in the north substation, making it accessible to the people in that area.
Mayor Carollo: Well, this is what we're talking about, going to the north substation.
Commissioner Plummer: Am I off? Gwen if I'm off, so correct me.
Mayor Carollo: And a satellite office in the south substation.
Commissioner Plummer: Well, yeah. But I think that you need to address the mass, which is the
80 percent.
Mayor Carollo: Absolutely.
Commissioner Plummer: If I'm wrong, please correct me, Gwen.
Mayor Carollo: And what you need to address also, Commissioner, is the fact that here are
people that are in need of jobs... of funds... and they're not going to go to the Dupont Plaza
where they're going to have pay five dollars ($5) to park.
Commissioner Gort: Right.
Mayor Carollo: I mean, that doesn't make sense.
Commissioner Gibson: Mr. Mayor, there is space on 62nd Street and 7th Avenue, as well as the
3rd Avenue Shopping Center.
Ms. Gwen Warren: Yes, ma'am. One of the issues is we're asking for a temporary extension
because as a result of the grants, the two million, we have to relocate to three centers in the City.
We're currently looking for 5,000 square feet in the Little Havana area, in the Model Cities area,
in the Allapattah/Wynwood area. So we're looking for three locations. We're looking to
complete this within a 90-day time frame and be back to you in your October meeting.
Vice Mayor Regalado: No. I was told yesterday that with that money, you can pay the City for
rent. Is that correct?
Commissioner Plummer: No.
Ms. Warren: Yes, we can.
Vice Mayor Regalado: You can try the Artime Center, you can try the police substation. You
got two sites there. You can try the north...
64 September 23, 1997
Commissioner Plummer: I don't think that that's permissible, Gwen.
Ms. Warren: It's a little more complicated than that.
Vice Mayor Regalado: I was told yes.
Commissioner Plummer: I don't think you can pay yourself rent, not from what...
Vice Mayor Regalado: I was told that the money allowed to...
Commissioner Plummer: You better be careful.
Vice Mayor Regalado: ... the City to be paid because of rent usage.
Mayor Carollo: The bottom line is, they'll find out whether we can or not, but...
Commissioner Plummer: Question.
Ms. Warren: We are moving.
Mayor Carollo: Why, if you knew we were coming to this point now, why didn't we preplan
this move before?
Commissioner Plummer: We didn't know we were getting the money.
Mayor Carollo: We had half a million that was given before.
Commissioner Plummer: Well, half. But now we're two million total.
Mayor Carollo: Well, but still...
Commissioner Plummer: OK. Let me say, what's the place that we just wrote the loan for,
Tacolcy? Huh? MLK. They tell me there's only one business in that building and there's a lot
of square footage, and we just gave them a hell of a lot of money. I think we need to go knock
on their door and remind them that their bread was buttered by us.
Ms. Warren: That is a discussion that is ongoing.
Commissioner Plummer: Discussion my "bazoozas." You go there...
Vice Mayor Regalado: I move... I move for one month and they have to come back the next
month to the Commission.
Commissioner Plummer: Fine.
Commissioner Gibson: Second.
Mayor Carollo: There's a motion and there's a second. Sam, two minutes.
Mr. Sam Mason: Yes. Mr. Mayor, Commissioners, I implore to this Commission, I think they
should look at the Martin Luther King deal. It's a disgrace to have all that space there, and it
would be a plus for the Commission, for the community, for everyone concerned. It's a win -win
situation. If it wasn't, I would say no. It's a win -win situation, and it would really make
everyone look good. Thank you.
65 September 23, 1997
Mayor Carollo: Commissioner Gibson, can I designate you to represent the Commission to look
into that with staff and come to the next meeting and give us a recommendation?
Commissioner Gibson: I'll be happy, Mr. Mayor, to do that.
Mayor Carollo: Thank you, Commissioner.
Captain Joseph Longueira (Deputy Commander, Police Support Services.): Mr. Mayor, I've
been asked to just give a perspective from the Police Department. We feel that both of our
substations, all of the space, we utilize. Now that's not to say at the will of the Commission, if
they want us to reallocate the space, but it will impact on our operations at those facilities. But
we just wanted to let you know that. OK.
Vice Mayor Regalado: But it's the will of the Commission to reallocate.
Captain Longueira: Yeah. And I understand that. I'm just representing my department.
Mayor Carollo: Captain, when you have a little bit of spare time in your busy schedule, maybe
you could spend some time with me, and I'll take you to the south station and the north station,
and let's see if everything's being occupied, OK?
Captain Longueira: I'm very familiar... I built both the buildings...
Mayor Carollo: You might be surprised, Captain. You just might be surprised.
Captain Longueira: I'd love to go with you.
Vice Mayor Regalado: So the motion is one month.
Commissioner Gort: Right.
Vice Mayor Regalado: They have to come back next month.
Commissioner Gort: My question is, how many square feet do you need for each one, 5,000 for
each one?
Ms. Warren: We're looking for approximately 5,000 for each site.
Commissioner Gort: OK.
Ms. Warren: Thank you.
Mayor Carollo: OK. The motion has been made for 30 days only. It's been moved by - 30
days - moved by Commissioner Plummer, seconded by Vice Mayor Regalado. All in favor,
signify by saying "aye."
The Commission (Collectively): Aye.
66 September 23, 1997
The following resolution was introduced by Vice Mayor Regalado, who moved its adoption:
RESOLUTION NO. 97-653
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.
----------------------------------------------------------------------------------------------------------------
28. APPROVE PURCHASE OF COMPUTERS / SOFTWARE / SERVICES FROM
VARIOUS VENDORS -- FOR NEIGHBORHOOD JOBS PROGRAM --
ALLOCATE $150,000 FROM SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM, 23 YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS AND FROM WAGESS COALITION REGION 23
DADE AND MONROE COUNTIES DEPARTMENT OF CHILDREN AND
FAMILIES SPECIAL REVENUE FUND.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I move 26.
Mayor Carollo: Twenty-six has been moved by Commissioner Plummer.
Commissioner Gibson: Second.
67 September 23, 1997
Mayor Carollo: Second by Commissioner Gibson. Any discussion from the Commission? Mr.
Cruz?
Vice Mayor Regalado: Well, the same, the same. Three sites, and we understand that they'll
come back with a report next month. That's all I have to say.
Mr. Mariano Cruz: OK. All right. Mariano Cruz, 1227 Northwest 26th Street. I see here a
hundred fifty thousand dollars ($150,000). 1 go to the backup material, hundred fifty thousand,
very general. There's nothing specific about what type of computers, what is the amount that's
coming from CDBG (Community Development Block Grant), what is the amount that's coming
from Women and Children, what is the amount that's coming from Working and Gaining
Economic Self -Sufficiency, the different things. It's just very general. I like to know the price
of those computers that are coming, who... where they buying them from, what about... because I
don't understand about computers, but I got people in my family like computer experts. They
got computer business, I know the price. And you read in the paper those stories about
kickbacks and all these problems...
Commissioner Plummer: Sit down.
Mr. Cruz: ... with the Port of Miami...
Commissioner Plummer: Sit down.
Mr. Cruz: ... with the in the County, with Jackson Hospital. And you know,
the woman, Cesar wife doesn't have to be honest, but have to be... I mean, to seem that she is
honest. So I like to know where the money's going from, specifically. What is the price of the
computers? Because don't tell me a hundred fifty thousand dollars ($150,000) all together. I
want to know the money... to see the prices that we paying are competitive with the prices
outside there. I got... I get the price, I can take it to people that own computer stores, like my
daughter-in-law, she owns a computer store.
Commissioner Plummer: Good.
Mr. Cruz: She can tell me about if the prices we paying is the right price, or we paying way
over, too much. Thank you.
Commissioner Plummer: I'm... Call the question.
Commissioner Gort: In calling the question... before you call the question, one of the
recommendations also is... my understanding is, we have a lot of existing agencies providing
services in this neighborhood where this is to be used. Maybe you should contact them and
maybe improve the service, and they can serve more people. They're already established.
Commissioner Plummer: Absolutely. Call the question.
68 September 23, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-654
A RESOLUTION APPROVING THE PURCHASE OF MICROCOMPUTERS,
RELATED PERIPHERALS, SOFTWARE, AND SERVICES FROM VARIOUS
VENDORS, IN THE PROPOSED AMOUNT OF $150,000, UNDER STATE OF
FLORIDA CONTRACT NOS. 250-040-96-1 AND 252-001-97-1, METROPOLITAN
DADE COUNTY CONTRACT NOS. 1059-2/98-OTR-CW AND 1941-2/96-OTR-CW,
FOR THE NEIGHBORHOOD JOBS PROGRAM; ALLOCATING FUNDS
THEREFOR FROM SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSTORTIUM (SFETC) AND 23RD YEAR CDBG FUNDS, ACCOUNT NOS.
184085 454-002; 184-086 454-003; 184-087 454-004; 184-088 454-005; 799-626 452-
363; AND FROM WAGES COALITION, REGION 23, DADE AND MONROE
COUNTIES, DEPARTMENT OF CHILDREN AND FAMILIES SPECIAL REVENUE
FUND; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID
ACQUISITIONS.
(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
----------------------------------------------------------------------------------------------------------------
29. COMMISSIONERS COMMENT ON NEED TO RESEARCH DADE
COUNTY'S PROCEDURE TO DEAL WITH QUESTIONS FROM THE
PUBLIC ON ADMINISTRATIVE MATTERS DURING COMMISSION
MEETINGS.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Can I make a suggestion, Mr. Mayor? Mr. Mayor?
Commissioner Gibson: You got to do mine, 28.
Commissioner Plummer: No, but... I just want to make a suggestion for the Administration to
consider and come back. You know, instead of all these people getting up on an ego trip to get
on television... Would we be smart to establish in the morning prior to our Commission meeting,
from eight o'clock until nine, having people here where these people can come up and ask their
questions about items on the agenda, and maybe cut down on the conversation? Would we be
smart to consider that? You understand what I'm trying to accomplish here?
69 September 23, 1997
Bob Nachlinger (Assistant City Manager): Yes, Commissioner, I... hopefully we would be able
to cut the discussion down, but I... I'm afraid in some respects the lure of the TV camera might
overwhelm...
Commissioner Plummer: Well, I think that... You know, I would love to see you at least have
someone of the caliber of Mr. Weeks here in the mornings from eight to nine o'clock the day of
a Commission meeting, and anybody who's interested in getting answers about an agenda item
can go, and hopefully, get their answers, and they won't have to come up and take up the time of
the Commission.
Mr. Nachlinger: I'm always happy to volunteer Mr. Weeks for things.
Commissioner Plummer: I think it's worthwhile. Mr. Mayor, did you here what I said?
Mayor Carollo: It's a very good idea.
Commissioner Plummer: It's worth trying.
Mr. Mariano Cruz: Especially on elections time.
Mayor Carollo: Furthermore, Aaron, what is the procedure that the County follows when people
want to address their Commission, since it was alluded earlier today how the County does
things? I think they're not as...
A. Quinn Jones, III, Esq. (City Attorney): Yeah. Mr. Mayor, let...
Mayor Carollo: ... liberal in their procedures as we are.
Mr. Jones: They... One thing you should know is that they got the consent agenda from the
City.
Commissioner Plummer: That's right. And I got it from Fort Lauderdale.
Mr. Jones: And, of course, a lot of their agenda is consent. Keeping in mind that under the Dade
County Bill of Rights, any citizen who wants to speak on any item, you have to give them the
right. But still, you're absolutely right in saying that any number of the items that you have as
resolutions could go on a consent agenda. And the same procedure you employ at the very
beginning of the meeting, when you ask anyone who wants to speak on the consent agenda will
be able to speak.
Commissioner Plummer: And register.
Mr. Jones: Yeah.
Mayor Carollo: Right. But what is the procedure that they're following in the County today?
Mr. Aaron Weeks (Chief of Staff): Commissioner, I'm not totally certain of the exact procedure,
but it is my understanding and my experience that the public is invited and allowed to speak on
those public hearing items, specifically.
Mayor Carollo: That, of course, they have to do. But my direct question is, I had heard
something to the effect that individuals that want to address the Commission on any particular
item, they have to sign themselves in, either before the meeting begins or the day before, so that
they could address the County Commission.
70 September 23, 1997
Mr. Weeks: That is correct. They have to fill out a... it's a card. And they state what it is they
want to talk on, which issue, and what... the subject matter they're going to speak about.
Mayor Carollo: Can you inquire at the break on the County of how they do it, and then come
back to this Commission this afternoon and let us know what they're doing over there?
Mr. Weeks: Yes, I can.
Mayor Carollo: So that we could have that for our information?
Mr. Weeks: Yes, I can.
Mayor Carollo: Thank you.
30. REFER NAMES PROFERRED IN CONNECTION WITH POSSIBLE
CODESIGNATION OF STREETS TO CODESIGNATION REVIEW
COMMITTEE.
Mayor Carollo: OK, item 26. Any further questions?
Commissioner Plummer: Twenty-eight.
Mayor Carollo: Oh, excuse me, 28.
Commissioner Plummer: Ms. Gibson.
Commissioner Gibson: Item 28 is an item that I requested to be put on the agenda. Mr.
Nathaniel Miller from Northwestern Senior High School came to see me my first week in office,
requesting that streets be named after three deceased principals who were former principals of
Northwestern Senior High School. And then Ms. Leona Cooper came to me from the Lola
(phonetic) Walker Association, asking that one street be named in Coconut Grove for a young
woman whose youngster... really a student whose head was decapitated on the bus there on that
street. I then had our staff call, and we discovered there were a number of things that we had to
do. And there was a fee of some seven hundred dollars ($700) just to get the application, and
then four hundred dollars ($400) for advertising and all the other things that had to be done. And
when I told them this, they were appalled and asked if we could sort of get those fees waivered.
So I have talked with Mr. Kay about this, and his staff.
Commissioner Plummer: It's not our fees. It's the County.
Commissioner Gibson: And I know there is a Codesignation Committee that has to be gone
through, and all that kind of good stuff, but I would hope that since all of these people are
already deceased that we wouldn't have to go through that process.
Commissioner Plummer: Are those...
Commissioner Gibson: I know, Commissioner Plummer, how you feel about this, and I know
about the Codesignation Committee. And this is something for the former principal, Ida
Ratcliffe, in Northwestern, D. H. Dobbs and... I'm sorry.
71 September 23, 1997
Commissioner Plummer: I don't think the tees are that of the City. I think the tees are that of
the County. They charge for putting the signs up.
Commissioner Gibson: These are with 71st Street and 7th Avenue... 12th Avenue.
Mayor Carollo: Yeah, but the fee...
Commissioner Plummer: The fees...
Mayor Carollo: Yeah, but the fees are for the County fees, not City.
Commissioner Plummer: For putting the signs up.
Mayor Carollo: Yes. So we would have to have them go to Dade County for those fee waivers.
It's not City fees.
Commissioner Plummer: To my knowledge... Are there City fees involved? I thought it was all
the County.
Mr. Jim Kay (Director, Public Works): If it's on a County street, the County could administer
the...
Commissioner Plummer: But they would have to waive it.
A. Quinn Jones, III, Esq. (City Attorney): Yeah.
Mr. Kay: They would have to waive it, yes.
Mr. Jones: Yeah, but we have our own fees for our streets.
Mr. Kay: We have our own fees for our own streets.
Commissioner Plummer: We... Ms. Gibson, I don't know where my thoughts necessarily come
about the Codesignation, but we did establish some rules and regulations here at a Commission
level. No longer will one street from 12th Avenue to 57th Avenue be named for one person. I
think our new rules say that it can only be for a period of one block or one intersection, that it
has to go before the Codesignation Committee, which, you know, I think is a good thing. I don't
think there is any real problem. They like to feel they are a part of the City. But as far as the
fees are concerned, I think it's definitely Dade County.
Mr. Kay: The one street, in particular, I believe that the Commissioner is talking about in
Coconut Grove is a City Street. That's Jefferson Street, near the school. So that would fall into...
under our category.
Commissioner Plummer: Well, if she wants, I would make the motion that those two names
which she had proffered be sent to the Memorial Committee.
Mayor Carollo: There is a motion.
Vice Mayor Regalado: And that the...
Commissioner Gibson: There are four names, really.
72 September 23, 1997
Vice Mayor Regalado: And that the City Commission would ask the County to waive the fees.
Mr. Jones: No. They are City streets. It's a City street.
Mayor Carollo: They're City streets.
Commissioner Plummer: If they're City streets, that's...
Mr. Jones: So, yes...
Vice Mayor Regalado: Well then...
Commissioner Plummer: Well, but... Wait, whoa, whoa, whoa.
Vice Mayor Regalado: Whoa, whoa, but...
Commissioner Plummer: Who is going to pay for the signs? The County is going to want
money to pay for the signs. That's...
Mr. Kay: That's true. They are...
Mayor Carollo: Well, can we deal with that on the next step?
Commissioner Plummer: Of course, we can.
Mayor Carollo: We have a policy that we can't waive fees for anybody. But there are other
ways that it could be done, and I will have someone advise Mrs. Gibson where she can go to take
care of that.
Commissioner Gibson: The three names of the principals are Samuel Cohen.... Samuel O.
Cohen, just for the record, and D. H. Dobbs, and Ida Ratcliffe.
Commissioner Plummer: So be it. I second the motion.
Commissioner Gibson: Wait a minute, now. The ones for the Grove is Chaya Brianne
Thrasybule who was the little girl whose head was decapitated. And this is Jefferson Street,
down near the school.
Mayor Carollo: Right.
Commissioner Gibson: And that street was closed for a while and then it was reopened. And
they feel that...
Mr. Kay: That's correct.
Mayor Carollo: Yeah.
Commissioner Gibson: ... they could co -name this for her.
Mayor Carollo: Yeah. Let's get it passed through the Codesignation Committee.
Commissioner Plummer: And set, for God's sakes, a public hearing. Remember what we went
through with Cuban Memorial Boulevard.
73 September 23, 1997
Mayor Carollo: Yeah.
Mr. Jones: That's when it comes back, if it...
Commissioner Plummer: Yes, sir. They taught me a lesson on that one.
Mayor Carollo: OK, there is a motion by Commissioner Gibson.
Commissioner Plummer: Second.
Mayor Carollo: Second by Commissioner Plummer. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays."
The following motion was introduced by Commissioner Gibson, who moved its adoption:
MOTION NO. 97-655
A MOTION REFERRING THE HEREINBELOW LISTED NAMES PROFFERED BY
COMMISSIONER THELMA V. ANDERSON GIBSON IN CONNECTION WITH
POSSIBLE CODESIGNATION OF A PARTICULAR STREET, OR STREETS, TO
THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE, IN ORDER
THAT SAID COMMITTEE MAY PROVIDE THE COMMISSION WITH A
RECOMMENDATION REGARDING SAME, AS WELL AS WAIVING THE FEES
IN CONNECTION WITH SAID CODESIGNATION MATTERS:
1) SAMUEL COHEN
2) D.H. DOBBS
3) IDA T. RATCLIFFE
4) CHAYA BRIANNE THROYBULE (COCONUT GROVE)
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.
74 September 23, 1997
31. DISCUSSION REGARDING STATUS OF TELECOMMUNCIATIONS
CABLE, INC. TELEVISION FRANCHISE.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Twenty-nine. Discussion concerning monthly report and status of Cable TV
franchise.
Vice Mayor Regalado: Mr. Mayor, I'd like to... excuse me. I'd like to say that I, personally,
most of the time, have been on TCI's case, but that today, I have to compliment Miami TCI
because when I go... when I went to them to discuss the situation in the public housing buildings
about overcharge to tenants, they met with me several times. They went to those buildings and
they resolved the situation by sending a letter that has arrived, my understanding is, yesterday, in
every building... public housing building in the City of Miami. And the only thing that we need
now is that we need somebody from the company to meet with the tenants so they know when
they check the service that they want what they're paying for. We keep telling them that the
basic service is about twelve dollars ($12), and they agree that they want to pay that, but it seems
that there are cases where they don't know and somebody asks them, "Do you want to see the
animals movie?" and they wind up paying thirty dollars ($30) a month. So I'm sure that Cheryl
here will send somebody to the different buildings to make sure that the people there know what
they're getting and what they're paying for. But I really thank you for sending all those letters.
It was very good of you to do that, because the people were really confused.
Ms. Cheryl Blanchette: Would you like me to...
Vice Mayor Regalado: Yes.
Ms. Blanchette: Mr. Vice Mayor, thank you for all your help as we were going through this
process. We appreciate your time and all of your recommendations. We are... the letter is kind
of the first step. We want to see... assess as best as we can how the community residents are
receiving it. We've already got some responses back in the system, and then we were going to
kind of do a plan "B," as far as doing more outreach, if necessary, to make sure the customers
understood. We may use our telemarketing group to actually phone customers, as well as, if
necessary, meet with some of the residents as well. So we want to be open to do whatever we
can to continue open communication and make sure that no one is confused.
Vice Mayor Regalado: I would rather do it in person. If you call somebody on the phone and
say, "Well, do you want to see some boxing? do you want to see some"...
Ms. Blanchette: Then we have the problem we had before.
Vice Mayor Regalado: ... "Discovery Channel?" Everybody will say yes and then they get a bill
for...
Ms. Blanchette: Well, we'll be happy to work with... continue to work with you.
Vice Mayor Regalado: Fine. About the rest, I don't know.
Elaine Buza (Telecommunications Administrator): Elaine Collette Buza, Telecommunications
Administrator, City of Miami. Other than the previously discussed item, which TCI did handle
so well for the City, two significant issues happened during the period from my last report. One
was that the City issued a very comprehensive report on the technical and financial performance
75 September 23, 1997
of Miami TCI, which each of you should have a copy of. Secondly, Miami TCI restarted
franchise fee payments with a partial payment for the second quarter of 1997, and we expect a
full payment for the third quarter of 1997 in a few weeks.
Commissioner Plummer: The only thing I got to say, and I'll continue to say, is on the calls that
I get all of the time on TCI, their phone system. To call TCI and to try to get a live voice on a
phone is impossible. You call and you call. It's either busy, busy, busy, or you can't get
anybody to answer a phone. Now, that means either they don't have enough phone lines, or they
don't have enough people to answer them. But constantly, we get complaints in my office that,
"I can't get TCI on a phone." Now... and I'm sure that the others have the same complaints, and,
you know, the other part of the thing is that I get complaints from South Grove, they don't have
cable. They can't get cable. Their cable goes out. And, you know, that has to be addressed, if
there's a problem. But the main complaint that I get in my office, day in and day out, "I can't
get TCI on a phone. I can't complain, I can't compliment, I can't do anything because I can't get
them on a phone." So when you're talking with TCI, I think that that is a thing that has to be
some way determined whether there's established a time fee of how long people have to wait,
how long people have to continue to try to make some sense out of that. So I give you that for
what it's worth, Department.
Ms. Buza: There are standards that TCI is obligated to meet on those areas, and we do enforce
those. If your offices are receiving complaints, if you could forward them to us, so we could
address them and include them in our performance analysis and make sure those standards are
upheld. You know, right at the moment, the numbers of complaints on a monthly basis on
Miami TCI have been going down. Maybe we're just not getting them. Maybe their
performance hasn't increased at all. So if we can find out about those, then we can take the
appropriate action.
Commissioner Plummer: Well, I'll tell you, you don't need to have me tell you. The next time
it rains, you try to call TCI and see how long it takes you.
Ms. Blanchette: Well, Commissioner Plummer, may I respond?
Commissioner Plummer: Sure.
Ms. Blanchette: Cheryl Blanchette, TCI. I didn't introduce myself earlier. We have a call
center in Broward County that services 350,000 customers, from North Broward to the Keys.
Those customer service associates are available 24 hours a day, seven days a week. We have,
right now, a staff of about 140. We're working up to a staff of about 180. We have bilingual
representatives that are available for customers all the time. And since September of 1996,
Miami customers have been... all of their calls have been forwarded to this call center. It is state
of the art, not only telephone technology, but computer technology and...
Commissioner Plummer: In Broward.
Ms. Blanchette: Well... well, sir, I mean...
Commissioner Gort: That's why it takes so long to get to us.
Commissioner Plummer: Yeah.
Ms. Blanchette: No... I can tell you that it's the same telephone number, it's quick and easy
access. Our abandonment rate, which is essentially one of the MCTA standards, we have to be
below three percent. We are, consistently. While you may have customers that are complaining,
I'd be happy to give you my telephone number. You can direct them to me directly, if that
76 September 23, 1997
would assist the customers that might be contacting you. My telephone number is 954-723-
7138.
Commissioner Plummer: That's another Broward number.
Ms. Blanchette: Well, then...
Commissioner Plummer: Don't you have a franchise in Miami?
Ms. Blanchette: But they... All they have to do is dial the 305... the customer service it number
and does go to the call center.
Commissioner Plummer: But Miami people have to dial ten digits to get you.
Ms. Blanchette: No, they don't.
Commissioner Plummer: Yes, 1-954 plus your phone number.
Ms. Blanchette: To get me, personally. To get me on my direct line. I do not have a Dade
number, I have only a Broward number, personally. But our call center, our customer
satisfaction center, all customers have to do is dial the customer service number that they see on
their bill, or that they can find in the phone book, or certainly on their channel card at home and
they get our call center. Again, if there are customers that are contacting you that are frustrated,
if you refer the information to Elaine, I'll be happy to follow up with them, individually.
Commissioner Plummer: And your number, again, is 1-954...
Ms. Blanchette: 723...
Commissioner Plummer: ... 723...
Ms. Blanchette: ... 7138.
Commissioner Plummer: ... 7138? And they ask for who?
Ms. Blanchette: Cheryl Blanchette.
Commissioner Plummer: Cheryl Blanchette. Now... For the people watching Channel 9, which
is TCI, that's 1-954-723-7138. The minute your cable goes out and you don't get Cheryl on the
phone, then you call Commissioner Gort, 250...
Mayor Carollo: Can you repeat that 954 number, slowly, J.L...
Commissioner Plummer: Yes, 1-95...
Mayor Carollo: ... for those that didn't get their pencils in time?
Commissioner Plummer: Yes. After you've got into Broward County at no cost, it's 723-7138.
And Cheryl would love to hear from you.
Ms. Blanchette: But, Commissioner Plummer, also, if you're concerned about the outages, again
our call center services 350,000 customers. If there's a terrible storm that's impacting several
cities in Broward and Dade and the Keys, it may well create a flush of calls in our call center.
But what we do, especially, is now try to, as best as possible, have our customer satisfaction
77 September 23, 1997
associates work in shifts that manage things like that, problems that really... not only to
inclement weather, but events that are going on, anything that might create a surge of calls from
customers. So we're trying to anticipate those problems before they happen, and we're trying to
get better at that. And I'd be happy to talk to any customers that call, directly.
Mayor Carollo: Any other questions? No. Thank you.
----------------------------------------------------------------------------------------------------------------
32. DISCUSSION REGARDING INOPERABLE STREET LIGHTS IN CITY.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I have a question of the Administration. Two months ago, I asked the
Administration to come back to this Commission, in the same general vein of TCI, about Florida
Power and Light street lights that are not working. They have nobody designated to take care of
a five million dollar ($5,000,000) account? I watch Florida Power and Light trucks all night
long drive by street lights that are out, they're not working. I inform you that my neighborhood
is two blocks wide and four blocks long and, there are five lights in my little neighborhood that
don't work.
Vice Mayor Regalado: Commissioner, they do have a person that has the account of Miami.
Commissioner Plummer: Where is he?
Vice Mayor Regalado: And if you were to live in my district...
Commissioner Plummer: Is he in Broward?
Vice Mayor Regalado: ... I'll take care of your lights.
Commissioner Plummer: Is he in Broward, also, with a ten- digit... No, I'm not fooling. You're
paying...
Vice Mayor Regalado: No, I'm telling you, I have... I could give the contact person because
they resolve... Every time we complain, they resolve that immediately.
Commissioner Plummer: Oh, yeah, individually when we call...
Vice Mayor Regalado: Individually.
Commissioner Plummer: ... they take care of that light.
Vice Mayor Regalado: Yes. Well, that's what I do.
Commissioner Plummer: But that's not my point.
Vice Mayor Regalado: Well...
Commissioner Plummer: My point is... in Bay Heights, for example, OK? There's one street
light been on there for over three years, 24 hours a day, and nobody has ever done anything to
correct it. We are paying for energy on street lights, whether it's on or it's off. This three
percent rule has been... so far, nobody goes out and designates whether a street light is working.
I'm telling you that I would appreciate all of the people watching TV whose street lights aren't
78 September 23, 1997
working to call the City Manager's Office and tell him about it, because the only way that you
get results is on individual complaints. I asked the Administration two months ago to come back
to this Commission with a plan to where we could get our bang for our dollar, which we're not
getting now. I've had no response from the Administration. I would appreciate at the next
Commission meeting what you're going to do to straighten this miserable situation out. You
don't have to do it now, Jim. You know, they complimented you. I don't want you to get too
big a head, so... Are we going to do appointments or are we going to pass?
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor?
Mayor Carollo: Jim, I assure you this is not the carrot and stick routine we're doing on you here.
Mr. Jim Kay (Interim Director, Public Works): I understand.
----------------------------------------------------------------------------------------------------------------
33. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 31
(APPOINTMENTS TO MIAMI GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES/RETIREMENT TRUST).
------------------=---------------------------------------------------------------------------------------------
Commissioner Gort: Thirty-one.
Vice Mayor Regalado: Mr. Mayor, on 31, I'd like to present a name, if that is OK with the rest
of the Commission of this... if there is other names.
Bob Nachlinger (Assistant City Manager): Commissioner, if I could... Both items 31 and 32
include appointments made by the LIUNA (Laborers International Union of North America)
Union, which no longer is the representative union for the Sanitation workers. We would like to
defer both 31 and 32 to the next meeting.
Mayor Carollo: Well, no...
Vice Mayor Regalado: But... excuse me. Excuse me. The Commission appoints the person.
LIUNA appoints another person.
Commissioner Plummer: Yeah.
Vice Mayor Regalado: There is another union, so the Commission has to appoint the person,
anyway.
Mayor Carollo: Thirty... 31 is that case, but 32 has to do with...
Vice Mayor Regalado: And 32, it doesn't have to do anything... I don't...
Mayor Carollo: ... FOP (Fraternal Order of Police), Firefighters...
Mr. Nachlinger: Mister... Mr. Mayshack Lane... the write-up is not complete. That is the
representative from the LIUNA Union.
Commissioner Plummer: Well, you can still appoint the Commission at large on 31.
Vice Mayor Regalado: Absolutely.
79 September 23, 1997
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Mr. Nachlinger: Yes.
Vice Mayor Regalado: I mean, it wouldn't change.
Mr. Nachlinger: I'm just suggesting that those not be... that those two names not be confirmed.
Commissioner Plummer: No, of course.
Mayor Carollo: Excuse me. If could have Norman Charles address the Commission? Norman,
all right. Good seeing you here.
Mr. Norman Charles: Mr. Mayor, Mr. Vice Mayor, one of the only reasons why I'm here was to
make sure that Resolution 31 was withdrawn. Item 32 was amended to be submitted a name to
represent the union at the next meeting.
Commissioner Plummer: Mr. Charles, we can handle 31 of the Commission appointment, but
we'll hold the Sanitation appointment until the next meeting.
Mr. Charles: That is correct.
Commissioner Plummer: Sure.
Vice Mayor Regalado: That's what you want. But we still have the right to appoint somebody,
which we'll do anyway.
A. Quinn Jones, III, Esq. (City Attorney): No. Mr. Vice Mayor, the way the process works, the
union submits a list of names to you, OK?
Vice Mayor Regalado: The union has not given us a list of names.
Mr. Jones: Is it in the package? It's in the package.
Vice Mayor Regalado: So I don't... If I don't have it, why it's here... what should be here?
Mr. Jones: Well, it's right in the... well, I don't know why you don't have it. I'm just saying it's
in the package.
Commissioner Gibson: It's here.
Mr. Nachlinger: Page 3 of item 31.
Commissioner Plummer: Doesn't this Commission have the right to name one of the at -large, or
does the union have that right, also?
Mr. Nachlinger: The union is...
Mr. Jones: The names have already been submitted to you.
Mr. Nachlinger: The union is... The union submits the list of names to you for you to pick the
at -large member.
Commissioner Plummer: Ah, but it's not here on the agenda.
80 September 23, 1997
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Mr. Jones: Yes, it is.
Commissioner Gibson: It's here, second page.
Commissioner Plummer: Excuse me. I'm not blind. My agenda shows one name.
Vice Mayor Regalado: Absolutely. That's what I read. That's what I did.
Mr. Jones: It's in your backup. It's in your backup package.
Commissioner Plummer: In the backup package, it might be. Then he is correct. I'll move that
31 be deferred.
Mr. Jones: It's right here.
Commissioner Gibson: I have six names here, and I had a note here to find out if any of these
were African -Americans.
Commissioner Plummer: I thought the Commission at -large had the right to do it.
Mayor Carollo: I'm the only one up here who doesn't wear glasses, yet. Yet.
Commissioner Plummer: Yeah. You don't wear glasses, but... That's all right. You can't see,
so don't worry about it. At least we can see. I move to defer 31.
Mayor Carollo: Thirty-one has been deferred. It's been moved by Plummer, second by
Commissioner Gort. 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. 97-656
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 31 (PROPOSED
APPOINTMENT OF AN INDIVIDUAL AND CONFIRMATION OF APPOINTMENT
OF AN INDIVIDUAL AS MEMBERS OF THE BOARD OF TRUSTEES OF THE
CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST.
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
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
81 September 23, 1997
----------------------------------------------------------------------------------------------------------------
34. DEFER APPOINTMENTS TO AFFIRMATIVE ACTION ADVISORY
BOARD -- SEE LABEL 40.
Commissioner Plummer: Thirty-two, we can do everything but the last name. Correct?
Bob Nachlinger (Assistant City Manager): Yes, sir.
Mayor Carollo: Well, the last one is AFL-CIO (American Federation of Labor and Congress of
Industrial Organizations).
Mr. Nachlinger: That's the LIUNA, sir.
Mayor Carollo: Huh?
Mr. Nachlinger: That's LIUNA, sir.
Mayor Carollo: That's right. Yeah, Union 800. You're right. OK.
Mr. Norman Charles: Mr. Mayor?
Mayor Carollo: Yes.
Mr. Charles: I would like to ask you in the next reading that the AFL-CIO be stricken and CIGU
(City Independent Group Union) is put in its right and proper place.
Commissioner Plummer: That's correct.
Mayor Carollo: Does the Administration here that?
Mr. Nachlinger: Yes, sir.
Commissioner Plummer: I don't think they have a choice.
A. Quinn Jones, III, Esq. (City Attorney): That's the new union's name.
Commissioner Plummer: Mr. Mayor, on Item 32, my appointments, I will carry over to the next
meeting.
Mayor Carollo: Likewise.
Commissioner Plummer: Thank you.
Mayor Carollo: Thank you, Norman.
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35. DEFER APPOINTMNETS TO CITYWIDE COMMUNITY DEVELOPMENT
ADVISORY BOARD EXCEPT FOR NAMES PROFERRED BY
COMMISSIONER GIBSON AND VICE MAYOR REGALADO -- SEE LABEL
39.
Commissioner Plummer: Item 33, I'll carry over until the next meeting.
Vice Mayor Regalado: I have the appointment for item 33. Ramon Flores and Priscilliano
Falcon, reappointment, reappointment.
Mayor Carollo: OK.
Commissioner Gibson: I have mine, too.
Mayor Carollo: All right.
Commissioner Gibson: Reappointing Irby McKnight...
Mayor Carollo: All right.
Commissioner Gibson: ... and the Reverend Canon Ronald Fox.
Mr. Elbert Waters (Director, Community Development): Would you repeat that again, please.
Commissioner Gibson: Irby McKnight is being reappointed, and Canon Ronald Fox.
Mayor Carollo: All right. There's a motion...
Commissioner Plummer: Move the names submitted be accepted.
Mayor Carollo: There's a second.
Walter Foeman (City Clerk): Excuse me, Mr. Mayor. Also, in addition to that, we have the
approval... the confirmation of the target area elections, the eight elections that were held and
eight names...
Commissioner Plummer: I'll move it be deferred.
Commissioner Gibson: No, I have a name to present for that one, just one. Beverly Press for the
HOPWA (Housing Opportunities for Persons with Aids) Advisory Board, that the one you're
talking about?
Commissioner Plummer: No. The...
Vice Mayor Regalado: No. He's talking about confirming this.
Commissioner Gibson: Oh.
Vice Mayor Regalado: They're different.
83 September 23, 1997
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Mr. Foeman: There are, two components.
Mayor Carollo: This is part of the elections, right?
Mr. Foeman: Yes. Those were the elections to the eight target areas.
Commissioner Plummer: Names... the names be submitted...
Mr. Waters: Excuse me, Mr. Mayor, members of the Commission. For... a point of clarification.
There's one individual who was elected within the targeted areas who has subsequently resigned,
and so therefore, the Administration will be... that resignation came in late.
Commissioner Plummer: Which area?
Mr. Waters: The Allapattah community.
Mr. Foeman: That's the Allapattah... Actually, he didn't have to resign. The Code says it's an
automatic resignation at the point he qualifies for election. That's Mariano Cruz.
Mr. Waters: So therefore, we will... excluding...
Commissioner Plummer: I'm still saying, let's defer them. The ones down at the bottom, we'll
defer, and the rest of them, we can fill in.
Vice Mayor Regalado: But, it's... I have names and Commissioner Gibson has names, and we
only need to get one name off the list of the elected list.
Commissioner Gort: You don't have to defer.
Mayor Carollo: We don't have to defer. We can approve...
Vice Mayor Regalado: We can approve without the Allapattah.
Mayor Carollo: ... the names submitted by the Vice Mayor and Commissioner Gibson.
Mr. Jones: You carried the appointments over to the next meeting on 32.
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD.)
Mr. Jones: No, for 32. He asked me about 32.
Commissioner Plummer: In the areas... Let me put it on the record. I think the people that are
in your district should be appointed, and that the names, at least, should come from the
Commissioner who represents the district. And I think that that's the way we should do it. And
we'll just hold off until the election, so that nobody's appointed for six weeks, which is the six
weeks from today. And I think that the main emphasis of the appointment should be the
Commissioner in that district. He's got to work with him, or she's got to work with him. No,
there are no females running, are there?
Vice Mayor Regalado: Yes, there are.
Commissioner Plummer: There are? Is there a female running?
84 September 23, 1997
Mayor Carollo: It is now twelve-o-one.
Commissioner Plummer: OK. I would like to deter item 33, except for the names appointed by
Commissioner Gibson and Vice Mayor Regalado. I move that those names be accepted as their
appointments.
Mayor Carollo: OK. There's a motion by Commissioner Plummer, second by Commissioner
Gort. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays."
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-657
A MOTION APPOINTING THE FOLLOWING INDIVIDUALS TO THE CITYWIDE
COMMUNITY DEVELOPMENT ADVISORY BOARD:
RAMON FLORES (renominated by Vice Mayor Regalado)
PRISCILIANO FALCON (renominated by Vice Mayor Regalado
IRBY McKNIGHT (renominated by Commissioner Gibson)
REV. CANON RONALD FOX (nominated by Commissioner Gibson)
[Note for the Record: The essence of Motion 97-657 above is incorporated as part of
Resolution 97-660.
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
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mayor Carollo: What time do we meet back?
Vice Mayor Regalado: Five?
Mayor Carollo: No. We need to come back before then.
Vice Mayor Regalado: Four?
Commissioner Plummer: Joe, I think we can take these other two pages very quickly.
Vice Mayor Regalado: Yeah.
Mayor Carollo: All right then, at least by four, I would say.
Commissioner Plummer: What time? Four?
85 September 23, 1997
Vice Mayor Regalado: Four.
Commissioner Plummer: All right.
Mayor Carollo: Four.
----------------------------------------------------------------------------------------------------------------
36. DISCUSS BRIEFLY APPOINTMENT OF SKY SMITH TO COCONUT
GROVE STANDING FESTIVAL COMMITTEE -- SEE LABEL 41.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: On Item 34, I reappoint Sky Smith as my...
Mayor Carollo: Let's come back at four.
Commissioner Plummer: Oh, you don't want to do it now? Oh, I'm sorry.
Mayor Carollo: It's twelve-o-two now.
Commissioner Plummer: Fine.
Mayor Carollo: OK, we'll reconvene at four in the afternoon.
Commissioner Plummer: So be it.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 12:02 P.M. AND RECONVENED AT 4:07 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPTING MAYOR CAROLLO, FOUND TO BE PRESENT.
86 September 23, 1997
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37. DIRECT CITY MANAGER TO MAKE RENTAL ASSISTANCE PAYMENT
FOR CLIENTS ENROLLED IN CHRISTIAN COMMUNITY SERVICE
AGENCY HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS / LONG
TERM PROVIDER HOUSING ASSITANCE PROGRAM -- ALLOCATE
FUNDS FROM 1995 AND 1996 HOPWA PROGRAMS.
Vice Mayor Regalado: Are we going to do pocket items?
Commissioner Plummer: Well, let's do them if we have to.
Vice Mayor Regalado: I'm ready. Absolutely.
Commissioner Plummer: I'm doing one for the City Manager.
Commissioner Gort: I got five.
Commissioner Plummer: We don't have a full crew.
Commissioner Gibson: I want to do one, so that if... if I can't get it done... these two people
won't have to wait too long, because I have a problem. I think we may have a problem.
Commissioner Plummer: Ladies first.
Vice Mayor Regalado: OK.
Commissioner Plummer: You want to wait?
Commissioner Gibson: No. I want to talk about it so that... Beth Lang is here from Better Way.
Commissioner Plummer: Well, you want me to do this one and get it out of the way?
Commissioner Gibson: And they had called me up. If we can do this one...
Vice Mayor Regalado: Yeah. Why don't you do yours, we'll vote on it, and then...
Commissioner Plummer: All right. This is the City Manager's.
NOTE FOR THE RECORD: At this point, Commissioner Plummer
reads the proposed resolution into the public record by title only.
Commissioner Plummer: Very briefly, this is the money when Christian Community Agency
could not handle it, they gave it back to the City. We gave it to the County. The County is not
ready or able to provide it. And for that reason, they're asking that we do the disbursements
until such time as Dade County is prepared to do it. Mr. Vice Mayor, I so move.
Commissioner Gibson: I second.
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Vice Mayor Regalado: OK. It's Commissioner Plummer's motion, seconded by Commissioner
Gibson. Mr. City Clerk, call the roll, please.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-658
A RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE RENTAL
ASSISTANCE PAYMENTS, ON AN INTERIM BASIS, AS HOPWA GRANTEE AND
ON BEHALF OF HOPWA CLIENTS ENROLLED IN CHRISTIAN COMMUNITY
SERVICE AGENCY'S (CCSA) HOUSING ASSISTANCE PROGRAM UNTIL SUCH
TIME AS METROPOLITAN DADE COUNTY HOUSING AGENCY (MDCHA), THE
NEW SERVICE PROVIDER, ASSUMES THESE RESPONSIBILITIES;
ALLOCATING FUNDS THEREFOR FROM HOPWA PROGRAM ACCOUNTS, FY
1995, 194003.590603.6860.94654 AND FY 1996, 194004.590604.6860.94654;
FURTHER, AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO EFFECT SAID INTERIM PAYMENT PROGRAM.
(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
----------------------------------------------------------------------------------------------------------------
38. APPOINT BEVERLY PRESS TO HOPWA (HOUSING OPPORTUNITES FOR
PERSONS WITH AIDS) ADVISORY BOARD.
Vice Mayor Regalado: I thought that you had something.
Commissioner Gibson: Well, I have something else, but that was a part of mine, too. But I
really wanted to appoint one person to that board.
Vice Mayor Regalado: Absolutely.
Commissioner Gibson: Beverly Press. We failed to do that last meeting.
Commissioner Plummer: Which board, Thelma?
Commissioner Gibson: This is HOPWA (Housing Opportunities for Persons With AIDS) Board.
88 September 23, 1997
Commissioner Plummer: Oh.
Commissioner Gibson: HOPWA Advisory Board, since it's dealing with this same issue.
Commissioner Plummer: I second the motion for approval.
Vice Mayor Regalado: OK. There is a motion for an appointment to the HOPWA Board by
Commissioner Gibson. Second by Commissioner Plummer. All in favor, signify by saying
"aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Gibson, who moved its adoption:
RESOLUTION NO. 97-659
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
NAYS:
ABSENT:
None.
Mayor Joe Carollo
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39. APPOINT MARIO PESTONIT AND MARIO GUTIERREZ TO CITYWIDE
COMMUNITY DEVELOPMENT ADVISORY BOARD -- SEE LABEL 35.
Commissioner Plummer: Mr. Vice Mayor, I'm going to make my two appointments to the
Citywide Community Development Advisory Board. It will be both by the name of Mario. One
is Pestonit and the other Arguelles. Those are my two appointments.
Vice Mayor Regalado: Does Commissioner Gort have any appointments for that board?
Commissioner Gort: I'd like to hold at this time and look at some other candidates. But I think
we should take it... let's finish with this one.
Vice Mayor Regalado: OK. There is a motion, then, to approve those names. A motion by
Commissioner Plummer, second by Commissioner Gibson. 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. 97-660
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE CITYWIDE COMMUNITY DEVELOPMENT ADVISORY
BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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
90 September 23, 1997
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40. DEFER APPOINTMENTS TO AFFIRMATIVE ACTION ADVISORY
BOARD -- SEE LABEL 34.
Commissioner Plummer: Do you want the one from this morning? This is in reference to
Central Shopping Center. They've now asked that it be done.
Vice Mayor Regalado: All right.
Commissioner Plummer: A resolution approving...
Vice Mayor Regalado: We have some appointments left, just in case you want to...
Commissioner Plummer: Oh, I'm sorry.
Vice Mayor Regalado: Yeah. We...
Commissioner Gort: Commissioner... Vice Mayor, my understanding is the Affirmative Action
Board does need to appoint the recommended individuals by the two unions.
Commissioner Plummer: You want to change...
Vice Mayor Regalado: No.
----------------------------------------------------------------------------------------------------------------
41. APPOINT SYLVIA MORALES-CEJAS / GLEN DISTON / TED STAHL / SKY
SMITH TO COCONUT GROVE STANDING FESTIVAL COMMITTEE -- SEE
LABEL 36.
Vice Mayor Regalado: We have... We have to make appointments on the Coconut Grove
Standing Festival Committee and the Waterfront Advisory Board. And so Commissioner Gibson
has... Commissioner Gort, Commissioner Plummer, and myself, and the Mayor have
appointments that we have to make. Do you have any appointments for the Coconut Grove
Standing Festival Committee?
Commissioner Gort: I have...
Commissioner Plummer: For who? For what?
Commissioner Gort: Coconut Grove...
Commissioner Plummer: Standing Festival? Ted Stahl.
Vice Mayor Regalado: Yeah. You need to. You have one appointment.
Commissioner Gort: Ted Stahl.
Commissioner Plummer: That's my appointment. It was my appointment.
91 September 23, 1997
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Commissioner Gort: He's been my appointment for the last two years.
Vice Mayor Regalado: Well, you want to toss a coin?
Commissioner Plummer: No, that's fine.
Vice Mayor Regalado: All right.
Commissioner Plummer: I'll find somebody else sober.
Commissioner Gibson: I'm reappointing Glen Diston, a reappointment.
Vice Mayor Regalado: OK.
Commissioner Plummer: I've got to go look for somebody.
Vice Mayor Regalado: I am reappointment... I am making a reappointment also of Sylvia
Morales Cejas.
Walter Foeman (City Clerk): You said this morning you wanted to reappoint Sky Smith.
Commissioner Plummer: Oh, yeah. Oh, I did make my... yeah. I'm reappointing Sky Smith.
Vice Mayor Regalado: All right. So we only need the Mayor's appointment. Let's go ahead
and vote on these names.
Commissioner Gort: Move it.
Commissioner Plummer: Second.
Vice Mayor Regalado: OK. There is a motion by Commissioner Gort, second by Commissioner
Plummer. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
92 September 23, 1997
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The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-661
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE COCONUT GROVE STANDING FESTIVAL COMMITTEE
FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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
----------------------------------------------------------------------------------------------------------------
42. BRIEFLY DISCUSS / DEFER APPOINTMENTS TO CODE ENFORCEMENT
BOARD.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Regalado: There is a... Commissioner Plummer, you need to make an appointment
on the Code Enforcement Board. Are you ready to do that or...
Commissioner Gort: Are we going to do pocket items or...
Vice Mayor Regalado: I'm sorry?
Commissioner Gort: Because I have one. I have a pocket item.
Commissioner Plummer: Why don't we do that while we're waiting for the Mayor?
Vice Mayor Regalado: We will. We will.
Commissioner Gort: OK.
Vice Mayor Regalado: It's just that we're finishing with appointments.
Commissioner Gort: OK.
Vice Mayor Regalado: Just in case...
Commissioner Plummer: I have two more pockets, neither one of them mine.
93 September 23, 1997
Commissioner Gibson: I have another pocket. I have one pocket.
Unidentified Speaker:
Commissioner Plummer: What?
appointments.
Unidentified Speaker: They're on appointments.
Commissioner Plummer: No, there's no more appointments to be made.
Commissioner Gibson: Yes, Commissioner.
Commissioner Plummer: Oh, yeah. What number is it?
Commissioner Gibson: Yeah, we have some more. Thirty-seven, 36.
----------------------------------------------------------------------------------------------------------------
43. AUTHORIZE CITY MANAGER TO ENTER INTO MANAGEMENT AND
OPERATIONS AGREEMENT WITH GLOBE FACILITY SERVICES -- FOR
PROFESSIONAL SERVICES FOR MANAGEMENT / OPERATION /
MAINTENANCE OF MIAMI CONVENTION CENTER -- SEE LABEL 25.
Commissioner Plummer: I would like to revisit, when it's possible, item 24.
Vice Mayor Regalado: Yes, we will.
Commissioner Plummer: That's in reference to the Convention Center.
Vice Mayor Regalado: To the Convention Center.
Commissioner Plummer: With the following proviso: That we grant the award to the firm that
has been mentioned for a period of five years, the five, and five after the first five would, in fact,
be up and solely up to the discretion of the Commission. Second of all, if we sell the facility,
that, in fact, we would have a three-year termination clause. They are bound to come back
within 90 days with a plan, a program that they are going to surrender to us for their three to five
years, and that at that time, if we're not happy with the program, we can cancel the contract. So
under those conditions, I move it for that purpose.
Commissioner Gort: Second.
Vice Mayor Regalado: OK. There is a motion by Commissioner Plummer. Christina, you...
Commissioner Gort: Second.
Vice Mayor Regalado: ... want to address?
Ms. Christina Abrams (Director, Public Facilities): Yes. Just for an overview. This is a
management agreement for the Miami Convention Center, which...
Commissioner Plummer: She thinks it's a good idea.
94 September 23, 1997
Ms. Abrams: It's a great idea.
Vice Mayor Regalado: OK. Good. So there is a motion by Commissioner Gort, second by
Commissioner Plummer.
Commissioner Plummer: Fine.
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. 97-662
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 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
NAYS: None.
ABSENT: Mayor Joe Carollo
Vice Mayor Regalado: It's approved. OK.
95 September 23, 1997
----------------------------------------------------------------------------------------------------------------
44. AUTHORIZE AMUSEMENT RIDES AT CENTRAL SHOPPING PLAZA
WITH CONDITIONS -- FROM OCTOBER 23 THROUGH NOVEMBER 2,
1997 -- SEE LABEL 8.
NOTE FOR THE RECORD: At this point, Commissioner Plummer
reads a proposed resolution into the public record by title only.
Commissioner Plummer: I so move.
Commissioner Gort: Second.
Vice Mayor Regalado: OK. 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 was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-663
A RESOLUTION APPROVING WITH CONDITIONS THE REQUEST OF THE
CENTRAL SHOPPING PLAZA MERCHANTS' ASSOCIATION TO RELAX NOISE
RESTRICTIONS BY WAIVING THE PROVISIONS CONTAINED IN SECTIONS 36-
4 AND 36-5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
FOR THE PURPOSE OF OPERATING A TEMPORARY EVENT WITH
MECHANICAL RIDES IN THE CENTRAL SHOPPING PLAZA PARKING LOT,
FROM OCTOBER 23 - NOVEMBER 2, 1997, SUBJECT TO: THE OPERATOR
OBTAINING A CLASS 1 SPECIAL PERMIT; A PROHIBITION ON GAMBLING
AND PERSONS LIVING ON SITE; AND A REQUIREMENT FOR SECURITY
GUARDS.
96 September 23, 1997
•
(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
NAYS: None.
ABSENT: Mayor Joe Carollo
----------------------------------------------------------------------------------------------------------------
45. ACCEPT PLAT: BAYSHORE PALMS.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: The last one I have is for the Administration. A resolution with
attach...
Vice Mayor Regalado: The last one?
Commissioner Plummer: Hey, these are not mine. I'm sorry.
NOTE FOR THE RECORD: At this point, Commissioner Plummer
reacis the proposed resolution into the public record by title only.
Commissioner Plummer: This has gone through the City Attorney.
A. Quinn Jones, III, Esq. (City Attorney): I assume it has. I assume it has.
Commissioner Plummer: Excuse me. Where is your... Where is Joel? Joel, this has gone by
the City Attorney, the plat?
Unidentified Speaker: Have you reviewed it?
Mr. Jim Kay (Director, Public Works): Yes, yes.
Commissioner Plummer: They've been reviewed by the Administration and the City Attorney's
Office. Is that cleared up? And they recommend it. I so move, Mr. Vice Mayor.
Vice Mayor Regalado: OK. There is a motion by Commissioner Plummer.
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: Hey, I don't bring them up without somebody.
97 September 23, 1997
Vice Mayor Regalado: Second by?
Commissioner Gott: Second.
Vice Mayor Regalado: Commissioner Gott. 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. 97-664
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT ENTITLED
BAYSHORE PALMS, A SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO
ALL OF THE CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT;
AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gott, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gott
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
----------------------------------------------------------------------------------------------------------------
46. DISCUSS REQUEST FROM BETTER WAY OF MIAMI, INC. -- FOR
CHANGE IN ZONING DESIGNATION FROM C-1 TO C-2 -- TO OPERATE A
THRIFT SHOP STORE AT A PROPOSED SIGHT NEAR 79 STREET.
Commissioner Gott: Vice Mayor...
Commissioner Plummer: I don't think we should have any more pocket items. That's too many.
Vice Mayor Regalado: No. I...
Commissioner Gibson: I have one that's pressing.
Commissioner Plummer: Excuse me, Commissioner.
98 September 23, 1997
Commissioner Gibson: I have one that I don't think will take long.
Vice Mayor Regalado: Listen. Commissioner Plummer had, I think, six or seven pocket items.
So you can have...
Commissioner Plummer: Sir...
Vice Mayor Regalado: ... your pocket item right now.
Commissioner Plummer: Sir, the day you stop me and the Administration can't use me is tine
with me.
Commissioner Gibson: Well, mine is very short, I think.
Commissioner Plummer: There ain't no such thing.
Commissioner Gibson: Edward Caldwell (phonetic) and Beth Lang are here, and they are
representing Better...
Commissioner Plummer: Better Way.
Commissioner Gibson: ... Better Way. And they want to purchase some property on 79th Street
that's now zoned as C-1, and they really want to get a C-2 designation so that they could sell
used furniture at that place.
Ms. Beth Lang: As well as new.
Commissioner Gibson: As well as clothing.
Ms. Lang: For those of you who don't know me, my name is Beth Lang. I'm executive director
of Better Way of Miami, 800 Northwest 28th Street. And a... We're proud, grateful residents of
the City of Miami. In an effort to provide some additional income so that we are not so...
Commissioner Plummer: Can I stop you for one second, please?
Ms. Lang: Yes, sir.
Commissioner Plummer: Because I don't want you to go through a whole spiel. Here, locally,
we cannot... In this City Commission, we can't do it. We can't change zoning without the
proper procedure being followed. So I don't want to... stop you, rather than let you go on with a
long spiel, when you understand that we can't do what you're asking without going through the
Zoning Board public hearings. To change zoning, that's mandatory.
Ms. Lang: OK. I'm not...
Commissioner Plummer: All right? I just...
Vice Mayor Regalado: Let us hear from the Administration. Lourdes, if you would explain to
Commissioner Gibson.
Ms. Lang: Mr. Regalado...
Vice Mayor Regalado: No. After that, you will have time. But if you would explain to
Commissioner Gibson the process. And then you will address.
99 September 23, 1997
Ms. Lang: I understand that.
Commissioner Gibson: Oh, I explained to them the process, but they were wanting to come and
think, perhaps, it could happen. So I promised them I would bring it up, just so they could see...
Ms. Lang: This is an area, Commissioners...
Commissioner Plummer: Well, any... Anything could happen.
Commissioner Gibson: Because they know I'm new. And I realize that. I tried to tell Mr.
Caldwell yesterday that this might happen, that you may have to go through that process.
Commissioner Plummer: Oh, absolutely.
Ms. Lang: Right.
Commissioner Gibson: However, you asked me to bring it up, and so that's what I'm doing.
Ms. Lang: Thank you, Commissioner.
Commissioner Gibson: So...
Vice Mayor Regalado: Well, let's see what we can do, from the Administration part.
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): OK. A change of zoning
does require a public hearing for the Zoning Board, and two readings before the City
Commission. It may also require a comprehensive plan amendment, which has to go to the
Planning Advisory Board, and again, for two readings of the City Commission.
Ms. Lang: Right.
Ms. Slazyk: So it's a process that takes about four months, approximately.
Ms. Lang: Right. And I am truly aware of that, having done this before, you know, on behalf of
Better Way. Just briefly, our interest was in purchasing property so that we'd be able to operate
our thrift store in an area which would be more conducive to making money, which is, after all,
very much of a help to us, because we rely heavily on government funding. And between
increased client fees and the thrift shop operation, we would like to become more stable and self-
sufficient. The purpose, actually, in being here I'm not quite sure, because I am real aware of the
zoning. But it is an area on 79th Street, which has, apparently surrounded, although this
particular building is C-1, it's surrounded by C-2. And I understand that there has been some
major changes,. perhaps, in the Biscayne Plaza area, which sets a precedent for this being done.
My concern is the... I am quite sure this is possible. We have no problem going through the
process. The problem is, I guess, was to get a feel, you know, for the possibility or the
probability of this, since our board would be very reluctant to invest in a building which was
absolutely out of the question. The interesting thing is that we would take this building, which is
now boarded and used as a warehouse... it also pays no taxes. It's in some kind of a non-profit
name. And, you know, as we do with our apartment houses, we would put this back on the tax
roll, and I think, be a great addition to that particular area. So that's really all I wanted to say.
And I appreciate your time, and, Commissioner, your generosity in your very own pocket item,
your one.
Vice Mayor Regalado: But what you're saying is that you want to leave here with some
assurances. And if we can... if we can...
100 September 23, 1997
Commissioner Plummer: No, no, no. Uh-uh.
Vice Mayor Regalado: No, no, no. The process. She's talking about the process.
Commissioner Plummer: The process, yeah.
Ms. Slazyk: OK. Let me explain something else that's relevant to this case. The Planning
Department issued a determination of use approximately a month ago that allows an
establishment that sells some used articles and some new articles in certain C-1...
Unidentified Speaker: Seventy/thirty.
Ms. Slazyk: ... it's a 70/30 percent breakdown, 70 percent used, 30 new, in certain C-1s in the
City. Their property qualifies for that. But the determination excluded used major appliances,
used furniture, and some other articles which Better Way does want to sell out of this
establishment. So the determination really doesn't apply to the facility that they're talking
about. But it applies to other... other similar facilities. Goodwill, I think, is going to be the first
one that's going to take advantage of that. They have a new prototype store that's, you know,
partial used, partial new, and it's got to be in a shared retail setting. And there's other criteria in
the determination. It just doesn't cover the proposed use that Better Way, you know, described.
So they would need a change of zoning to do it.
Commissioner Plummer: Mr. Vice Mayor, I have to make the record clear. She knows, but I
want it on the record that as she leaves here today, there is absolutely no guarantee nor vested
interest that they would have that they would get the change of zoning as requested. They would
have to do just like anyone else. And I'd hate to see them come back, after they've bought the
building, and say, "Well, we understood that 'maybe."' That's not the case. It has to go through
a procedure, and you have no vested right until those hearings are concluded.
Vice Mayor Regalado: That is why, because she raised a particular case that...
Commissioner Plummer: Yeah, and I understand. You know, they don't want to spend their
money unless they know they're going to spend it well. And I don't blame them for that.
Vice Mayor Regalado: Well, do you want to... Jack?
Mr. Jack Luft (Director, Planning & Development): Yeah. I tell you what. I'd like to have the
opportunity to talk to them, and talk a little bit more, and understand a little bit more about their
merchandising approach. There are a new breed of stores that are coming up all over Dade
County, Coral Gables, South Miami, that can work well in C-1 neighborhood/commercial
settings, because of the way they merchandise. Typically, we would have a problem with used
appliances and the way they're sold in many neighborhood areas. But let me have a chance to
talk to them. We'll explore if there's any possibilities along the line of what the Goodwill had,
before we make the decision on how to approach a zoning change. But we will talk to them.
OK?
Vice Mayor Regalado: Thank you.
Ms. Lang: Thank you very much, Commissioner. Appreciate it.
Vice Mayor Regalado: OK.
101 September 23, 1997
•
----------------------------------------------------------------------------------------------------------------
47. AMEND R97-370 -- AWARD TO MINOLTA BUSINESS SYSTEMS, INC.
LEASE/PURCHASE OF MICROFILM READER PRINTER FOR BUILDING
AND ZONING DEPARTMENT.
Commissioner Gort: Mr. Vice Mayor.
Vice Mayor Regalado: Do you have a pocket item?
Commissioner Gort: I have a pocket item from the Administration
Commissioner Plummer: Thank God.
Commissioner Gort: This is the... a resolution...
Vice Mayor Regalado: I thought that Administration only was allowed two.
Commissioner Gort: Well, that's why they gave it to me. A resolution rescinding the award...
Vice Mayor Regalado: They didn't give it to you. They gave it also to Commissioner Plummer.
Commissioner Gort: And to everybody.
NOTE FOR THE RECORD: At this point, Commissioner Gort
reads the proposed resolution into the public record by title only.
Commissioner Gort: What happened is the first person who was selected to to this, my
understanding, at the Building Department did not comply with the contract. The second bidder,
my understanding is, is willing to put the same price as the first bidder, and this has been going
through the Procurement program.
Commissioner Plummer: Second the motion.
Vice Mayor Regalado: OK. There is a motion by Commissioner Gort, second by Commissioner
Plummer. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
102 September 23, 1997
r�
•
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-665
A RESOLUTION AMENDING SECTION 2 OF RESOLUTION NO. 97-370,
ADOPTED JUNE 9, 1997, WHEREBY THE BID FROM PMI IMAGING SYSTEMS,
INC. WAS ACCEPTED FOR THE LEASE/PURCHASE OF A MICROFILM READER
PRINTER FOR A PERIOD OF FOUR (4) YEARS, IN THE ANNUAL AMOUNT OF
$11,460.96, FOR THE BUILDING & ZONING DEPARTMENT, THEREBY
RESCINDING SAID BID AWARD, AND ACCEPTING THE BID OF MINOLTA
BUSINESS SYSTEMS, INC., THE NEXT LOWEST RESPONSIBLE AND
RESPONSIVE BIDDER, FOR A PERIOD OF FIVE (5) YEARS; AUTHORIZING THE
CITY MANAGER TO NULLIFY SAID CONTRACT BETWEEN THE CITY OF
MIAMI AND PMI IMAGING SYSTEMS, INC.; FURTHER AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT.
(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
----------------------------------------------------------------------------------------------------------------
48. AMEND R97-183 -- EXTEND DEADLINE TO NOVEMBER 30, 1997 -- FOR
YOUTH SERVING ORGANIZATIONS OPERATING PROGRAMS IN CITY
PARKS TO CONDUCT FUND RAISING EVENTS.
Vice Mayor Regalado: I have a pocket item. It's not from the Administration.
Commissioner Plummer: I move to deny. I...
Vice Mayor Regalado: This is about.... This is about...
Commissioner Plummer: Tomas, I...
Vice Mayor Regalado: I know, I know what you're going to say, and I know...
Commissioner Plummer: OK.
Vice Mayor Regalado: But these people are making an effort. And we have already lined up
several festivals, sports activities, and we are told that besides two cases, all the groups are
103 September 23, 1997
complying with what the Commission directed, J.L. So I... I really think that we should give
them a little more time so they can...
Commissioner Plummer: I have no problem with this ordinance as presented, giving them an
additional 30 days.
Vice Mayor Regalado: All right.
Commissioner Plummer: Commissioner, you know my problem. If, in fact...
Vice Mayor Regalado: I know, I know that.
Commissioner Plummer: If, in fact, these people are a profit -making company, using our
facilities, and they're making a living out of this thing, then I think the City is entitled to a share,
as anybody who uses City facilities.
Vice Mayor Regalado: The City is getting a share, and this is why we need this 30 days more,
to...
Commissioner Plummer: That's fine. I'll second your motion, sir.
Vice Mayor Regalado: All right. OK. There is a motion and a second. All in favor signify...
Commissioner Plummer: I'm sorry, I'm sorry. It's got to be read.
Vice Mayor Regalado: All right. Oh, OK.
Walter Foeman (City Clerk): It's a resolution. It's a resolution.
Vice Mayor Regalado: OK. OK. Mr. City Clerk... Mr. City Attorney.
Commissioner Plummer: A resolution requiring that all youth serving organizations operating
programs in the City of Miami parks...
Vice Mayor Regalado: It doesn't have to be read.
Commissioner Plummer: A resolution doesn't have to be read?
Vice Mayor Regalado: No. No.
Commissioner Plummer: Well, I'm sorry, the City Attorney doesn't even know what we're
talking about.
A. Quinn Jones, III, Esq. (City Attorney): I don't have it. I don't prepare pockets.
Commissioner Plummer: I especially note in that resolution the raising of fifteen thousand
dollars ($15,000).
Vice Mayor Regalado: Yeah, because it...
Commissioner Plummer: And I assume that's by the 1st of November?
Mr. Jones: Mr. Vice Mayor...
104 September 23, 1997
Vice Mayor Regalado: It would be by the 1st of November, yes.
Commissioner Plummer: That's fine.
Vice Mayor Regalado: Yeah.
Mr. Jones: Mr. Vice Mayor, it should be read in the record simply because it was not originally
part of the original package that was advertised.
Commissioner Plummer: That's what I thought.
Mr. Jones: So for the record, it should be read.
Vice Mayor Regalado: OK. Go ahead.
Commissioner Plummer: Read on.
NOTE FOR THE RECORD: At this point, the City Attorney reads
the proposed resolution into the public record by title only.
Vice Mayor Regalado: Mr. City Clerk, call the roll.
The following resolution was introduced by Vice Mayor Regalado, who moved its adoption:
RESOLUTION NO. 97-666
A RESOLUTION (Pending the Law Department.)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
105 September 23, 1997
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
a Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
COMMENTS MADE DURING ROLL CALL:
Commissioner Gibson: Yes, but I want to note that instead of September the 30th, we're
changing it to October 30th or November 30th?
Vice Mayor Regalado: Yeah, that's the old one.
Commissioner Gibson: They said November 30th, they wanted to go to here.
Vice Mayor Regalado: Oh, November.
Commissioner Gibson: When he read it, he read September 30th, as it is here.
Vice Mayor Regalado: Yeah, that...
Commissioner Gibson: So we need to show the change.
Vice Mayor Regalado: Yeah, absolutely.
Mr. Jones: What's the change? To what, now?
Vice Mayor Regalado: November 30th.
Mr. Jones: November 30th.
Vice Mayor Regalado: Yes, sir.
----------------------------------------------------------------------------------------------------------------
49. (A) APPOINT MERTIS McCANTS TO PLANNING ADVISORY BOARD.
(B) READVERTISE FOR APPOINTMNETS TO PLANNING ADVISORY
BOARD.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Regalado: All right. Does anybody have any other appointments? Commissioner
Gibson, do you have any other appointments that you would like?
Commissioner Gibson: Yes, on 36, Waterfront... 36...
Vice Mayor Regalado: J.L., you have appointments?
106 September 23, 1997
Commissioner Gibson: ... is Planning...
Commissioner Plummer: I don't think L. let me check. I'm not sure.
Commissioner Gibson: Planning Advisory, on 36. Mertis McCants there, reappointing Mertis
McCants.
Commissioner Plummer: I have two appointments on item 37 to the Waterfront... yeah, the
Waterfront...
Vice Mayor Regalado: We're on 36 now.
Commissioner Plummer: I'm sorry.
A. Quinn Jones, III, Esq. (City Attorney): PAB (Planning Advisory Board).
Commissioner Plummer: No, sir, I pass till next meeting.
Commissioner Gort: Mr. Clerk, I don't have any appointment, but I'd like to have
readvertisement.
Walter Foeman (City Clerk): OK. You can direct me in a motion, Commissioner.
Commissioner Plummer: On which, Willy?
Commissioner Gort: On 36.
Mr. Foeman: You want to direct me to go back out and readvertise?
Commissioner Gort: Please go out and readvertise again. I'd like to get somebody from the
district.
Vice Mayor Regalado: There's a motion.
Commissioner Plummer: Who?
Commissioner Gort: I'd like to get somebody from the district.
Commissioner Plummer: Oh. OK. Are we now on 37?
Mr. Jones: First of all, there's a motion... there is a nomination on the floor that you need to vote
on before you go to sending you back out.
Vice Mayor Regalado: So we have to vote on Commissioner Gibson's nomination, and then on
the motion.
Commissioner Plummer: So move.
Vice Mayor Regalado: OK.
Commissioner Gort: Second.
Commissioner Plummer: Second.
107 September 23, 1997
Vice Mayor Regalado: Second. There is a motion to accept the name proffered by
Commissioner Gibson. 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. 97-667
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
REGULAR MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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
NAYS: None.
ABSENT: Mayor Joe Carollo
Vice Mayor Regalado: Now, we vote on the motion. Commissioner Gort?
Commissioner Plummer: Go ahead.
Commissioner Gibson: To readvertise.
Vice Mayor Regalado: Go ahead. You have a motion?
Commissioner Gort: Readvertise the Planning.
Vice Mayor Regalado: OK. There's a motion by Commissioner Gort. Second...
Commissioner Gibson: Second.
Commissioner Plummer: Thank you.
Vice Mayor Regalado: ... by Commissioner Gibson. All in favor, signify by saying "aye."
108 September 23, 1997
•
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 97-668
A MOTION DIRECTING THE CITY CLERK TO RE -ADVERTISE IN A
NEWSPAPER FOR ADDITIONAL APPLICATIONS REGARDING MEMBERSHIP
ON THE PLANNING ADVISORY BOARD.
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
NAYS: None.
ABSENT: Mayor Joe Carollo
----------------------------------------------------------------------------------------------------------------
50. APPOINT SEVERAL INDIVIDUALS TO WATERFRONT ADVISORY
BOARD.
Vice Mayor Regalado: Item 37, Commissioner Plummer?
Commissioner Plummer: Both of mine are reappointments. Mr. John Crook and Dario Pedrajo.
Now, Mr. City Attorney...
Vice Mayor Regalado: I have... excuse me. I have also two.
Commissioner Plummer: Well, wait. I have to ask a question on the alternate, which is also
mine. Mr. City Attorney?
A. Quinn Jones, III, Esq. (City Attorney): Yes, sir.
Commissioner Plummer: The gentleman who serves as the alternate is Mr. Courbier... Captain
Courbier. He is about to possibly do some business with the City of Miami. Nothing to do with
waterfront activities, nothing to do with the Waterfront Board. He doesn't want to be precluded
from doing business with the City, but he would need to know whether or not, by virtue of him
sitting on the Waterfront Board, it would, in fact, preclude him from doing something with the
City. I told him I did not know whether it would require a waiver...
Mr. Jones: Well, yes.
Commissioner Plummer: ... or what...
Mr. Jones: At the point in time that he seeks to do business, he needs... he should get a waiver in
advance.
109 September 23, 1997
•
C:
Commissioner Plummer: Even though it has nothing to do with the waterfront?
Mr. Jones: Yes.
Commissioner Plummer: OK. I'm going to reappoint him at this particular time, Captain Jim
Courbier as the alternate, and at such time as he wants to do business, he can either get the
waiver or resign. But I wanted to put it on the record.
Vice Mayor Regalado: That's the Commission at -large appointment?
Commissioner Plummer: That's correct.
Vice Mayor Regalado: All right.
Mr. Jones: The alternate, right? Isn't that the alternate?
Commissioner Plummer: Yeah, the alternate.
Vice Mayor Regalado: Commissioner Gibson has two appointments.
Commissioner Gibson: I have James Albury and Clinton North.
Commissioner Plummer: Move the names presented be accepted.
Vice Mayor Regalado: Wait, one second. I have two reappointments.
Commissioner Plummer: We're not going to accept those.
Vice Mayor Regalado: Jack King, Vivian Guzman.
Commissioner Plummer: Which Jack King?
Vice Mayor Regalado: The only one.
Commissioner Plummer: The ugly one? Well, that's all right.
Vice Mayor Regalado: There's only one, thank God.
Mr. Jones: Commissioner Plummer, just so that you should know, even if... you mentioned that
he... excuse me. This gentleman you were talking about, if he... even if he resigned, there would
still be that two-year window where he couldn't do business.
Commissioner Plummer: OK. I'll so inform him. I've asked him to write you a letter.
Mr. Jones: OK.
Commissioner Plummer: OK? He's thinking about doing some business with Xerox Machines.
Vice Mayor Regalado: All right. There is a motion and a second to accept these names to the
Waterfront Board. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
110 September 23, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-669
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
REGULAR MEMBERS AND AS AN ALTERNATE MEMBER OF THE
WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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
----------------------------------------------------------------------------------------------------------------
51. CITY ATTORNEY SCHEDULES ATTORNEY -CLIENT SESSION FOR
OCTOBER 14, 1997 AT 8 A.M. -- FOR DISCUSSION OF POTTINGER CASE.
Vice Mayor Regalado: I think we're done with...
Commissioner Plummer: "Boom -Boom" is standing there for a reason.
Vice Mayor Regalado: So do we have any other business?
A. Quinn Jones, III, Esq. (City Attorney): Mr. Vice...
Commissioner Plummer: He wants to be appointed to...
Mr. Jones: Mr. Vice Mayor, if I could?
Commissioner Plummer: City Attorney.
Mr. Jones: I have one item.
Vice Mayor Regalado: Sure.
Mr. Jones: As you know, we've been engaged in court -ordered... court -ordered mediation in the
Pottinger case, which is the homeless... acronym for the homeless case. Pursuant to the State
statute, which allows us to have a closed session, I need to advise you at this point that because
we are very close to a settlement, we need to have a closed session to discuss settlement and/or
litigation strategy at the regular meeting of the 14th. I'd like to have the meeting at... convene
111 September 23, 1997
the regular meeting at eight o'clock, and then go into executive session, in hopes of getting this
matter resolved.
Vice Mayor Regalado: All right. It's fine with me.
Commissioner Plummer: I'll move it. I have a question, Mr. City Attorney.
Mr. Jones: Yes.
Commissioner Plummer: We know that the lawyer we had, Mr. Tom Scott is, I assume, no
longer available, now that he's been appointed.
Mr. Jones: Yes.
Commissioner Plummer: So who do we have now?
Mr. Jones: What I have done, since it's within my purview, the City Attorney's purview to
engage up to forty-five hundred dollars ($4,500), I have asked Mr. Coffey and... that Mr. Scott
recommended that he take over where he left off. And like I said, we are very, very close, and
I'm assured that he won't exceed forty-five hundred dollars ($4,500).
Commissioner Plummer: Who? What's his name?
Mr. Jones: Kendall Coffey.
Commissioner Plummer: Well, now, Mr. Kendall Coffey has got an awful lot of business from
the City. Has he got enough time to handle more?
Mr. Jones: No, he doesn't have... Let me say this. He has business with the Sports Authority.
He has not, to this date, been engaged by the City...
Commissioner Plummer: OK.
Mr. Jones: ... on any other case.
Commissioner Plummer: As long as his cup does not runneth over...
Mr. Jones: Yeah. Yeah.
Commissioner Plummer: I mean, I don't know where he's going to spend all the money, but...
----------------------------------------------------------------------------------------------------------------
52. CITY ATTORNEY INFORMS COMMISSIONERS OF STATUS OF PENDING
LITIGATION WITH DISQUALIFIED CANDIDATES FOR PUBLIC OFFICE:
MOLINA AND BRYANT.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Regalado: Mr. City Attorney, do you have anything for us on the court case that's
going to be heard tomorrow, I think, regarding a challenge to the referendum?
Mr. Jones: Well, yeah. What we did this afternoon... this is the case involving...
112 September 23, 1997
Mr. Manuel Gonzalez-Goenaga: Raymond Molina.
Mr. Jones: This is the case involving two prospective candidates challenging the City's one-year
residency. What I did this afternoon was file a notice of removal to the U.S. District Court. So
right now, the Circuit Court has no jurisdiction, so there will be no hearing tomorrow. In Federal
court, it will be up to... The case is assigned to Judge Ungaro-Benages, and I guess she'll let us
know what her timetable will be for having a hearing and/or responding to the complaint.
Vice Mayor Regalado: All right. Thank you.
----------------------------------------------------------------------------------------------------------------
53. INSTRUCT CITY ATTORNEY TO MEET WITH OUTSIDE COUNSEL
REGARDING POTENTIAL CITY CLAIMS AGAINST DELOITTE &
TOUCHE.
Commissioner Plummer: And the other one that I have, and I'll ask you to put on the record - I
got an answer this morning - the case of... the City's problem with the CPA (Certified Public
Accountant)
A. Quinn Jones, III, Esq. (City Attorney): OK. What I hope to do is bring to you at some time
in October... we... because of our schedules, I have been able to meet with Mr. Tew. And of
course, as you may recall, he had three or four different scenarios as to fee agreement. So I
would certainly bring that to you for your approval as to how...
Commissioner Plummer: When is it going to court?
Mr. Jones: Well, I... Well, he is out of the country now. So we need to meet when he gets back
from the Hague, and discuss where in the logistics of filing, and whatever else.
----------------------------------------------------------------------------------------------------------------
54. INSTRUCT CITY ATTORNEY TO PURSUE COUNTERCLAIMS FOR
DAMAGES AND FEES CONCERNING DINNER KEY BOATYARD
TENANTS SUING CITY.
Commissioner Plummer: My final question to you with the Legal Department: Have we put the
padlock on Merrill Stevens?
A. Quinn Jones, III, Esq. (City Attorney): Have we put the padlock on?
Commissioner Plummer: Well, you know, I mean, where are we?
Mr. Jones: I don't know whether staff... I mean, I know that we had an emergency hearing.
Commissioner Plummer: Well, I'd like to know what happened.
Mr. Jones: Christina, if you can help me out, I'm not prepared to address that. I really don't
know where we are on that.
113 September 23, 1997
Ms. Christina Abrams (Director, Public Facilities): From what I understand, the Law
Department says that we have a hearing scheduled for April of '98. Our emergency hearing
was...
Commissioner Plummer: What?
Mr. Jones: April of '98? OK.
Commissioner Plummer: You got to be kidding me.
Ms. Abrams: No.
Commissioner Plummer: And we can't just go padlock the place?
Mr. Jones: No, we just can't go padlock it.
Commissioner Plummer: These is something wrong with our so-called... What Judge is that in
front of?
Mr. Jones: Is that County court?
Ms. Abrams: It's in County court, but I don't know the name of the Judge.
Commissioner Plummer: And when does the contract we've awarded start to kick in?
Ms. Abrams: I believe that the Department of Development is negotiating the contract. I don't
know the specifics of it. Maybe they're here, they can address it.
Commissioner Plummer: Absolutely incredible. Hello? I mean, I'd like to know. These people
have raked us over the coals after we were nice enough to allow them a few more days to stay,
and now, they're taking us to court? Hello? Somebody know what's going on? I'm calling
collect.
Mr. Jack Luft (Director, Planning & Development): OK. The appraisers are going to be
delivering the fair market appraisal for the boatyard project, which we have to have for the
contract, on September 30th. With that appraisal, we will fill in the blanks. We're meeting with
the proposers on Thursday, and we expect to be back... We told you we'd be back in October, so
we're aiming for the second Commission meeting in October for that lease.
Commissioner Plummer: Jack, when would the contract starting date be?
Mr. Luft: The starting date would be... From the moment they execute the lease, they and the
City, there's a time period of... not to exceed 180 days where they have to come up with
financing, they have to do their environmental testing, and they have to come up with a concept
development plan. As soon as they do those things, the time clock begins. They take
possession.
Commissioner Plummer: Who's going to indemnify them with a pending lawsuit?
Mr. Luft: Indemnify them?
Commissioner Plummer: If I'm the applicant, and I'm spending all this money getting prepared,
and there's a pending lawsuit, and I can't execute my contract, buddy, I'm going to be looking to
you to get my money back.
114 September 23, 1997
Mr. Luft: Well, I guess they'll have to bring that up, and then we'll deal with it when they do.
But...
Commissioner Plummer: Well, no, let's... Let's deal with it now. You know, if you deal with it
down the road... that's how we whip out the checkbook and spend all this money. Now, I think
we're entitled to answers. And I don't like getting volleyed back and forth here. Somebody has
got to take the buck and stop here.
Mr. Luft: Right. I have to have additional direction from the Law Department as to where we're
at with this lawsuit. And we will certainly deal with it in the time frame of the lease. But
standing here today, I don't know enough about it. We're...
Commissioner Plummer: You know, if I don't...
Mr. Jones: Let me get...
Commissioner Plummer: You know, Mr. Gort just said it. If you don't pay your rent, you're
out.
Mr. Jones: Yeah. Well, you know, I understand that, but there's certain procedures that you
have to go through, a certain thing called due process, and notice, and hearing.
Commissioner Gort:
Commissioner Plummer: We gave them notice.
Mr. Jones: OK. Well, that's what I'm saying. But you've got to... This is part of the process.
They've refused to leave, and, of course, you go through the eviction process. The case is now
before Judge Cardone. We set it down for hearing. The Judge has yet to set it for a trial date.
So...
Commissioner Plummer: Let me ask you a question.
Mr. Jones: Yes.
Commissioner Plummer: Can we sue them for damages?
Mr. Jones: It's possible that we can counterclaim. I don't know what the damages are.
Commissioner Plummer: OK. All right. Excuse me. I make a motion, Mr. Vice Mayor, at this
time, we authorize the City Attorney to enter into a lawsuit for damages incurred by the City for
their refusal to move as they had agreed upon. And I offer that in the form of a motion that that
lawsuit be filed immediately.
Mr. Jones: Well, it wouldn't be a new lawsuit. That can be filed as a counterclaim in the same
lawsuit that we're in.
Commissioner Plummer: Then whatever it is that... we're putting them on notice that if they
lose, which they're going to, that we're going to... we're going to expect to collect from them. I
mean, this is crazy.
Mr. Jones: Yeah. Well, you know, sometimes the courts work the way that they work. I mean,
it's not...
115 September 23, 1997
Commissioner Plummer: No, they don't work. That's the problem.
Mr. Jones: Well...
Commissioner Plummer: They make you lawyers rich.
Mr. Jones: Well, I'm not rich.
Commissioner Plummer: Yet.
Vice Mayor Regalado: There's a motion. Second. I second the motion. And that's the way you
wanted the motion?
Commissioner Plummer: However it is to put those people on notice that they're staring at a big
chunk of change, by virtue of what they're doing, and not complying with their agreement with
this City.
Mr. Jones: To pursue whatever counterclaim for damages we... is appropriate under the law.
Vice Mayor Regalado: All right. Would you agree with that language?
Mr. Jones: Yeah.
Commissioner Plummer: That's fine.
Vice Mayor Regalado: OK.
Commissioner Plummer: And that's legal fees as well.
Mr. Jones: Well, if... if we can recoup. It has to be statutorily sanctioned for recovery of
attorney's fees. It's just not automatic.
Commissioner Plummer: We've got to stop it somewhere.
Mr. Jones: Yeah.
Mr. Gonzalez-Goenaga: May I...
Vice Mayor Regalado: There's a motion... Yeah, you want to address that issue?
Mr. Gonzalez-Goenaga: On that particular issue.
Vice Mayor Regalado: All right.
Mr. Gonzalez-Goenaga: I can tell you, Mr. City Attorney, that Judge Cardone is a very
sophisticated, very studious Judge, and very serious. So if it takes time, and it's the matter of
patience, can you imagine the patience that these citizens have had for so many years, dealing
with you guys and dealing with all these Commissioners? So let's... When you are running out
of patience, Mr. Plummer...
Commissioner Plummer: Sir...
Mr. Gonzalez-Goenaga: ... you should buy more.
116 September 23, 1997
Commissioner Plummer:
Buy more?
Mr. Gonzalez-Goenaga:
Yeah. But don't put me...
Commissioner Plummer:
Do you sell it?
Mr. Gonzalez-Goenaga:
But don't put me in your burial place, please, for heaven's sake. It's a
lot of more "Boom -Boom" going on here. And...
Commissioner Plummer:
I still have your gift certificate ready at the funeral home, sir.
Mr. Gonzalez-Goenaga:
Give it to me. I will sell it. I will take it to auction.
Commissioner Plummer:
The only problem...
Mr. Gonzalez-Goenaga: Anyway, I greatly appreciate all these Commissioners, the past
Commissioners for not naming me for any proclamation, whatsoever. For me, you can rest
assured that it is a prestige, based on what I have been seeing here for so many years.
Commissioner Plummer: God bless. The only thing, I want you to know that that certificate
expires before you do.
Vice Mayor Regalado: All right. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-670
A MOTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO
PURSUE ALL COUNTERCLAIMS APPROPRIATE UNDER THE LAW FOR
DAMAGES AND LEGAL FEES INCURRED BY THE CITY IN CONNECTION
WITH THE DINNER KEY BOATYARD TENANTS WHOSE LAWSUIT AGAINST
THE CITY IS PRESENTLY IN LITIGATION.
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
NAYS: None.
ABSENT: Mayor Joe Carollo
Commissioner Plummer: One other question.
Vice Mayor Regalado: J.L....
Commissioner Plummer: We're waiting for the mayor, aren't we?
117 September 23, 1997
Vice Mayor Regalado: Yeah... No. We have to break until five. But we have to deal with
Central Shopping Plaza.
Commissioner Plummer: We've already done it.
Commissioner Gort: We've already done it.
Commissioner Plummer: Where were you? Hello?
Vice Mayor Regalado: It was done? All right.
Bob Nachlinger (Assistant City Manager): Mr. Vice Mayor, the Administration has two pocket
items.
Vice Mayor Regalado: Yeah, sure.
(VOTE FOR THE RECORD: Mayor Carollo enters the
ommission chamber at 4:43 p.m.
----------------------------------------------------------------------------------------------------------------
55. PROCLAMATION: MARIA IZQUIERDO DAY - SEPTEMBER 24, 1997.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: If we can, there is one last presentation that we had to make. If I could ask
Maria Izquierdo and her family to come up, please. This is just one of those special citizens that
we have in Miami. But not only is she one of our young special citizens, since she just turned 85
years old, but even at that young age of 85, she was one of the people in the trenches, in the
"Save Miami" effort that we won handily last week. On behalf of the City of Miami
Commission, we proudly name today Maria Izquierdo Day in the City of Miami. "Maria, en
nombre de la comision de Miami, estamos nombrando el dia de hoy, dia de Maria Izquierdo en
toda la Ciudad de Miami."
(APPLAUSE)
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
----------------------------------------------------------------------------------------------------------------
56. MAYOR CAROLLO READS LETTER FROM PRESIDENT OF BELL SOUTH
OF FLORIDA REGARDING STATE OF CITY -- SEE LABEL 2.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: If I may read a letter that was sent by Joseph P. Lacher, the president of Bell
South of Florida. This has to do with a draft that he was involved in writing that was reported in
today's paper, and I will read his statement, and leave it at that. He says:
"I am saddened that the choice of words that were used in the draft of the report
led to some confusion, and were taken out of context when reported. Today's
118 September 23, 1997
political leadership has been extremely helpful in correcting the issues troubling
this City. Unfortunately, they have to carry the legacy of all the problems of the
past. It is little wonder that many individuals whose knowledge of City
government is based on past experiences remains skeptical. The current
leadership has a great opportunity. Miami did not get into this situation
overnight, nor will all these issues be corrected instantly. Many of the issues
identified are not unique to, Miami. What is unique is that with the fiscal crisis, an
opportunity has risen to bring progressive management processes to all aspects of
the City government. If we do this right, all of us benefit. Joseph P. Lacher,
president, Florida Bell South."
----------------------------------------------------------------------------------------------------------------
57. AMEND ESCROW AGREEMENT BETWEEN CITY / FIRST UNION
NATIONAL BANK / OVERSIGHT BOARD --AUTHORIZE CITY MANAGER
TO EXECUTE AMENDMENTS.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Mr. Vice Mayor, if we could proceed with the last item that we were moving on
the agenda.
Vice Mayor Regalado: I think we're done, Mr. Mayor, and we need to wait for five-o-five, for
the budget.
Rafael Diaz (Deputy City Attorney): Commissioner, you can start the P&Z...
Commissioner Plummer: You can do the Planning and Zoning.
Mr. Diaz: It was advertised for two p.m.
Vice Mayor Regalado: All right, if you want to do that.
Bob Nachlinger (Assistant City Manager): Or, Mr. Commissioner, we still have two pocket
items from the Administration.
Vice Mayor Regalado: Oh, OK. Two, only two?
Mayor Carollo: There's one that I have.
Mr. Nachlinger: Only two.
Vice Mayor Regalado: All right.
Commissioner Gort: What about all the other ones?
Mr. Nachlinger: That's all I can have. The first of these is amending the escrow agreement
between First Union Bank and the Financial Oversight Board. There's some cleanup that we
need to do in the resolution or... yeah, the resolution itself. And we would request your passage
of this... these amendments.
Vice Mayor Regalado: All right.
119 September 23, 1997
NOTE FOR THE RECORD: At this point, the proposed resolution
is read into the public record by title only.
Vice Mayor Regalado: All right. Call the roll. Oh, OK. There is a motion. Anybody moving?
Mayor Carollo: They're reading, I think, a pocket item that will be presented in a minute.
Commissioner Plummer: I'm reading the City Manager's statement here this morning, and I've
got to tell you, I'm not very happy with it.
Mayor Carollo: Well, what I suggest, Commissioner, if you'd like, we'll take a few minutes, the
minute we're done with these items, and you can sit down with him. I haven't had the
opportunity to read them myself. I just got them ten minutes ago. The only thing that I have
read was Mr. Lacher's letter.
Commissioner Plummer: I read that with you, sir.
Mayor Carollo: See, the Manager works for us. We could deal with him. Mr. Lacher does not.
And that's why I wanted to read his statement on the record, to clarify a faulty draft.
Commissioner Plummer: I have no problem with that, sir.
Vice Mayor Regalado: There is a motion.
Mayor Carollo: OK, Commissioner Gort...
Vice Mayor Regalado: It's my motion. Mr. Mayor, there is a pocket item by the
Administration, and we need to vote on it. They have another one, too.
Mayor Carollo: OK. Can you repeat the item that the Administration needed passed?
Mr. Nachlinger: Yes, Mr. Mayor. The Administration requests that the City Commission adopt
a resolution amending the escrow agreement between the City, First Union National Bank, and
the Oversight Board. It's a cleanup of the... some of the items in the interlocal agreement, the
escrow agreement governing the debt service payments.
Commissioner Plummer: So move.
Mayor Carollo: OK. It's moved by Commissioner Plummer, seconded by Vice Mayor
Regalado. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays."
120 September 23, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-671
A RESOLUTION AMENDING THE ESCROW AGREEMENT AMONG THE CITY
OF MIAMI, THE FIRST UNION NATIONAL BANK OF FLORIDA, AND THE
OVERSIGHT BOARD, ACTING THROUGH THE FISCAL SUFFICIENCY
ADVISORY BOARD, PURSUANT TO RESOLUTION NO. 97-130, ADOPTED
FEBRUARY 27, 1997; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
HEREIN AMENDMENTS TO THE ESCROW AGREEMENT CONTINGENT UPON
APPROVAL BY THE FINANCIAL OVERSIGHT BOARD AND THE CITY
ATTORNEY.
(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.
----------------------------------------------------------------------------------------------------------------
58. PROPOSED EMERGENCY ORDINANCE: AMEND ORDINANCE 11463
ESTABLISHING LOCAL LAW ENFORCEMENT BLOCK GRANT
PROGRAM -- INCREASE APPROPRIATIONS BY $3,615,800 -- ACCEPT
U.S. JUSTICE DEPARTMENT GRANT FOR $3,254,220 AND MATCHING
FUNDS FROM POLICE GENERAL OPERATING BUDGET FOR $361,580.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Do you have a second one?
Bob Nachlinger (Assistant City Manager): The second item we have is a proposed emergency
ordinance authorizing the acceptance of the Local Law Enforcement Block Grant Program for
three point two five four million. The City Attorney will read the ordinance.
Mayor Carollo: OK.
Commissioner Plummer: Second.
Mayor Carollo: Call the roll.
Walter Foeman (City Clerk): I need a movant and a second.
121 September 23, 1997
Mayor Carollo: It's been moved by Commissioner Plummer, seconded by'-Commissioner.Gort.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11463,
ADOPTED MARCH 20, 1997, WHICH ESTABLISHED INITIAL RESOURCES
AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND
ENTITLED: "LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM",
THEREBY INCREASING THE APPROPRIATIONS TO SAID FUND IN THE
TOTAL AMOUNT OF $3,615,800, CONSISTING OF A GRANT FROM THE U.S.
DEPARTMENT OF JUSTICE, IN THE AMOUNT OF $3,254,220, AND
MATCHING FUNDS, IN THE AMOUNT OF $36,580, FROM THE POLICE
DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT CODE
001000.290201.6.050; AUTHORIZING THE CITY MANAGER TO EXECUTE
THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO ACCEPT SAID GRANT; CONTAINING A REPEALER
PROVISION AND 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
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. 11547.
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.
122 September 23, 1997
59. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT FOR
ROLLING STONES CONCERT AT ORANGE BOWL ON DECEMBER 5,
1997.
Mayor Carollo: Any other pocket items from members of the Commission?
Commissioner Plummer: There's one here, something about the Rolling Stones. Is that...
Mayor Carollo: I'm bringing that up, Commissioner.
Commissioner Plummer: Oh, OK.
Mayor Carollo: This is a pocket item that's going to bring the City approximately three hundred
and five thousand dollars ($305,000). It's a signed contract for a concert in the Orange Bowl
this December. The... It's for December the 5th, actually. The total projected revenue that we
will receive for this concert is three hundred and five thousand dollars ($305,000). Ten out of
the last 13 cities in which they have scheduled a performance have sold out. If they sell this one
out in time, then they will have a second performance December the 6th, the day after, which
means additional revenue to the City of Miami. So this is a pocket item accepting the contract,
the use agreement of the Orange Bowl Stadium for the concert of the Rolling Stones.
Commissioner Gort: Move it.
Commissioner Plummer: Second.
Mayor Carollo: It's been moved by Commissioner Gort, second by Commissioner Plummer.
All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
123 September 23, 1997
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-672
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.
Vice Mayor Regalado: Mr. Mayor, I think that not only will the City benefit from this revenue,
but we've been talking about image, and this really helps the image of the City of Miami. So I
really congratulate, especially Christina and his department... her department for bringing this to
the table. And I would just hope that the media will focus the attention on the City of Miami on
this announcement. I don't know if this has been announced by the promoter already, but when
it... When it's announced, I'm sure that it will get a lot of coverage throughout the United States,
since it's about the tour of the Rolling Stones.
Commissioner Plummer: Let me make sure. Mr. Mayor, we're only waiving the rent. Am I
correct?
Bob Nachlinger (Assistant City Manager): Yes, sir, that's correct.
Commissioner Plummer: They still have to pay for security and cleanup, and all of the rest that
go with it.
Mayor Carollo: That's correct. The ticket surcharge...
124 September 23, 1997
•
Commissioner Plummer: That stays.
Mayor Carollo: It stays?
Commissioner Plummer: Yeah.
Mayor Carollo: Food and beverage stays, and parking stays.
Mr. Albio Castillo: Yes. And no waiver of fees.
Mayor Carollo: No what?
Mr. Castillo: And no waiver of fees.
Mayor Carollo: Waiver fees, yeah. OK. And they're not going to play in Lockart Stadium
December 6th. It will be in the Orange Bowl, also.
Commissioner Plummer: And they're not playing at Homestead. That's where they originally
were going.
----------------------------------------------------------------------------------------------------------------
60. BRIEFLY DISCUSS / REQUEST UPDATE OF MANAGEMENT OF OFF-
STREET PARKING DEPARTMENT BY NEXT CITY COMMISSION
MEETING.
Mayor Carollo: OK. Any other pocket items the Commission might have? Commissioner
Plummer, would you like to take five, ten minutes so that you could go over that and...
Commissioner Plummer: No, I can read this later. I'll deal with the Manager direct, not in
public.
Mayor Carollo: I didn't mean in public. I'm saying to... for you to read whatever is there.
Commissioner Plummer: Oh. No, I can do it later, sir. This is all of... the whole packet. This is
part of it, Willy.
Mayor Carollo: OK. We have to wait until five...
Commissioner Plummer: Five-o-five.
Mayor Carollo: Doesn't make sense to do any zoning items now, because in five minutes, we're
not going to be able to do anything. So why don't we break for the five minutes or...
Commissioner Plummer: Fine. Let me ask a question of the Administration, if you know.
Where are we with the Off -Street Parking? This is the third time I've asked.
Mayor Carollo: As far as what, J.L.?
Commissioner Plummer: Well, we possibly were going to take over Off -Street.
Mayor Carollo: Well, I will tell you, and I'll be very precise where I am at, so that we could lay
our cards on the table. Off -Street Parking Authority, if the bonds that are there, which are
125 September 23, 1997
approximately sixteen million dollars ($16,000,000) or so left, were paid off, based on what they
are saying that they're making now, it's about three and a half million, maybe a little more a
year, which, frankly, is low. It shows me that it's not being managed appropriately, because
there could be much more made there. And I've seen some of the work they've done in other
places, so I'm not surprised that what they're making is so low. If the City of Miami would pay
off those sixteen million dollars ($16,000,000), we can receive at least the three and a half
million or more that they're making or would be making when the bonds are paid off. And I
think we could probably, managing it right, would make more, at least four million, if not more,
per year.
Commissioner Plummer: Mr. Mayor, I have...
Mayor Carollo: This is where I'm heading in doing.
Commissioner Plummer: OK. And I have no problem with that. But all I know is... or don't
know, we ain't heading anywhere. I keep hearing from the Administration that they're talking
about it, and we'll deal with it later. Now, my...
Mayor Carollo: You're right, Commissioner. I'm with you 100 percent on that.
Commissioner Plummer: My concern is when a company, right or wrong, comes in and offers to
buy out the sixteen million dollars ($16,000,000) in bonds, gives us eight million dollars in
surplus cash, and it may or may not be true, and we're not doing anything, and I don't hear
anything. I want you to know I'm concerned. Now, I would ask at the next Commission
meeting, if it's nothing more than informational purposes, that we find out what the hell is going
on. I don't think that's beyond reason of asking, to inform this Commission and keep us up to
date.
------------------------------------------------------ ---------------------------------------------------------
61. BRIEFLY DISCUSS / REQUEST UPDATE CONCERNING NEGOTIATIONS
WITH MAJOR LEAGUE SOCCER TO PLAY AT ORANGE BOWL.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: The final thing that I have to ask about, and I think it's way beyond
due, and I don't know - I heard from the Manager, because I called him - where are we with
soccer in the Orange Bowl? Nobody has informed me other than, Mr. Manager, you told me you
sent them an offer. I don't know if you've had a counteroffer. I don't know if they told you to
go to hell. I don't know what's going on, and I'm the one that's got to vote. Now, can you tell
us now, or do you want to schedule it for the next meeting? How do you want to do it?
Mayor Carollo: Tell him now, because...
Commissioner Plummer: Tell me now.
Mayor Carollo: ... he knows as much as we all do.
Commissioner Plummer: I do?
Mayor Carollo: Yeah, as we all do. You said the last thing you heard was the letter that was
sent. That's what we all know.
Commissioner Plummer: OK. Then, if there's anything...
126 September 23, 1997
Mayor Carollo: Outside of what we kept hearing in the papers and some of the radio programs.
Commissioner Plummer: Is there anything further?
Mr. Edward Marquez (City Manager): No. We have not heard one word.
Commissioner Plummer: You have not heard back from them at all.
Mr. Marquez: Not at all.
Commissioner Plummer: OK. And are you anticipating doing anything to try to keep it in the
Orange Bowl?
Mr. Marquez: We have offered a fair deal that's comparable to other Orange Bowl tenants. We
have offered a deal that is comparable to other major league soccer franchises in the country.
We have offered to talk. They have not responded.
Commissioner Plummer: Would there be any prohibition if I, personally, contact the people and
talk with the people? Is there a problem with that?
Mayor Carollo: I will tell you what problem I would see, Commissioner.
Commissioner Plummer: OK.
Mayor Carollo: Of course, anyone is free to do it.
Commissioner Plummer: Yeah.
Mayor Carollo: But if we are going to be showing signs that... like a past Commissioner that we
had here, that's no longer here tried to do on some other matter, if you remember, that's going to
be sending the wrong signal. It's going to give maybe the impression that there's a crack in this
City, in this Commission, and that the game that has been played could be kept going.
Commissioner Plummer: Joe, the only problem.
Mayor Carollo: And we sent a letter that the Administration gave copies to all of us...
Commissioner Plummer: I saw that letter, sir.
Mayor Carollo: ... that, frankly, I thought they were quite generous. Christina Abrams worked
on that for a long time.
Commissioner Plummer: Fine. Joe...
Mayor Carollo: This letter was sent, giving them the three years they wanted. In fact, the
resolution that we still have on record might even conflict with that letter, because, I mean, we
bent backwards.
Commissioner Plummer: OK.
Mayor Carollo: It was based upon similar... extremely similar offerings that they have in the
other ten cities where they play. Now, you've got to keep in mind that when major league
soccer - after I spent over a year trying to get them to Miami - announced that they were coming
127 September 23, 1997
to Miami, they sent a press release out to the whole world saying that they were coming here for
a ten-year contract in the Orange Bowl. After the franchise was given to the individual that has
it now, he decided, after he was convinced that he could get a better deal than the league itself
had done, first, he made a move that was to try... make an attempt to try to get rid of the
Commissioner of Soccer.
Commissioner Plummer: Oh, yeah.
Mayor Carollo: Then there were all kinds of insults, that he was going to be going to Lockhart
Stadium and everything else. Well, we have bent backwards in giving him the three years with
no holds barred. The only thing is that we cannot give him the same financial deal where he
would get free rent, free parking, and all the revenue from the parking, in a three-year deal, like
we were giving in a ten-year deal.
Commissioner Plummer: I absolutely agree. OK? Mr. Mayor, my only concern, if I may, is at
this particular point, they're out. And I don't like what some of these sportscasters are going
around saying, when they don't know, really, what the particulars are.
Mayor Carollo: They know what the particulars are, Commissioner.
Commissioner Plummer: But they're not saying it.
Mayor Carollo: But, you know, this is part of the game. The problem is, we're not putting the
quarter in their meter.
Commissioner Plummer: All right. All I'm saying to you is that I... I thought there maybe
might be a chance that there was some way that we possibly could try to see... According to
what I hear, their attitude is, "The City doesn't want us." And that's not true. I think the City
wants it, but it's got to be a fair deal. As I told... The one time I talked to these people was very
simple. If you want us to work with you during your lean years, you got to work with us during
your fat years. And I think that whatever the terminology is, I just... Mr. Mayor, I guess I'm
trying to do something to put more stuff into the Orange Bowl. I was a kid that grew up in the
Orange Bowl.
Mayor Carollo: Well, if you would be patient and wait until the next Commission meeting - or if
you'd like, I'll call a special one - I'm going to bring you another one for the Orange Bowl.
Commissioner Plummer: Fine, sir. I have no problem. The more, the merrier.
Mayor Carollo: One that we understand a lot better in Miami. That's professional football.
Commissioner Plummer: Very good, sir. Very good, sir.
NOTE FOR THE RECORD: At this point, Vice Mayor Regalado
announces that at the request of the City Attorney, there will be a
closed session on the Pottinger case scheduled for October 14,
1997 at 8 a.m.
M77—
COMMISSION CLOSES NSIDERATION OF THE REGULAR
PORTION OF THE AGENDA TO CONSIDER ITEMS FROM THE
PLANNING AND ZONING PORTION OF THE AGENDA.
128 September 23, 1997
MINUTES OF PLANNING AND ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 23rd 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 5:04 p.m. by Mayor Joe Carollo with the following
members of the Commission found to be present:
ALSO PRESENT:
ABSENT:
Mayor Joe Carollo
Vice Mayor Tomas Regalado
Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
A. Quinn Jones, III, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
Edward Marquez, City Manager
----------------------------------------------------------------------------------------------------------------
62. PROPOSED SECOND READING ORDINANCE: AMEND ORDINANCE
10544 -- AMEND COMPREHENSIVE NEIGHBORHOOD PLAN BY
AMENDING FUTURE LAND USE MAP -- CHANGE LAND USE
DESIGNATION AT 1200 & 1250 S.W. 27 AVENUE AND 2728 S.W. 12
STREET -- FROM OFFICE TO RESTRICTED COMMERCIAL --
APPLICANT: OMNISPHERE CORP & FRANCISCO VALDES.
Vice Mayor Regalado: Also, Mr. Mayor, there are some... two items on a second reading
ordinance. I don't know if we can deal with that. This is a second reading, 7 and 8. They are
companions and... so we can... some of the people are here... don't have to wait.
Commissioner Plummer: Zoning?
Vice Mayor Regalado: Yeah, 7 and 8, PZ-7, PZ-8, second reading ordinance.
Commissioner Gort: It doesn't matter. Whatever.
129 September 23, 1997
Commissioner Plummer: It's up to the Mayor. I have no problem. Mr. City Manager, I had
asked for a copy of the budget of Gusman Hall. I have not received it.
Vice Mayor Regalado: You want to do these two ordinances, second reading?
Mayor Carollo: Yeah. Mr. Vice Mayor, can you run this portion? I'll be right back.
Vice Mayor Regalado: Sure, sure. Absolutely. OK. PZ-7 and PZ-8 are both companions, both
second reading ordinances. Lourdes?
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): Yes. They are... Again,
like you said, they're companion items to amend the comp. plan and the zoning atlas for the
property as 1200, 1250 Southwest 27th Avenue and 2728 Southwest 12th Street. And the
department recommends approval, and it was recommended for approval by the Zoning Board
and the Planning Advisory Board.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Ms. Adrienne Pardo: Good evening. My name is Adrienne Pardo, with law offices at 1221
Brickell Avenue. I'm here today on behalf of the applicants, Omnisphere Corp., which is owned
by Alex Valdes, and Francisco Valdes that owns the property adjacent to the subject property.
The property is located at 1200 and 1250 Southwest 27th Avenue, and 2728 Southwest 12th
Street. We're requesting a rezoning, and comprehensive plan amendment changes from office to
C-1 restricted commercial. The subject property - I have a copy of the comprehensive plan - is
located right here on 27th Avenue between Southwest 12th Street and Southwest 13th Street, and
it's directly adjacent to the restricted commercial C-1 district. It would just be a logical
extension to rezone it. It's already been before the Zoning Board, which unanimously
recommended approval. It's been before the Planning Board, which also recommended
unanimous approval, and it's also been before this Commission on first reading.
Vice Mayor Regalado: Is there anybody else to speak on this issue? OK. Mr. City Attorney.
Commissioner Gort: Move it.
Vice Mayor Regalado: You need to read it.
Vice Mayor Regalado: All right. Mr. City Clerk.
130 September 23, 1997
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT, AMENDING THE FUTURE LAND
USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING
THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT
APPROXIMATELY 1200 AND 1250 SOUTHWEST 27TH AVENUE AND 2728
SOUTHWEST 12TH STREET, FROM "OFFICE" TO "RESTRICTED
COMMERCIAL"; MAKING FINDINGS; DIRECTING CERTIFIED
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of July 24, 1997, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Gort,
seconded by Commissioner Plummer, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11548.
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.
----------------------------------------------------------------------------------------------------------------
63. PROPOSED SECOND READING ORDINANCE: AMEND ORDINANCE
11000, ARTICLE 4, SECTION 401 SCHEDULE OF DISTRICT
REGULATIONS -- FROM O-OFFICE TO C-1 RESTRICTED
COMMERCIAL -- LOCATION: 1200 & 1250 S.W. 27 AVENUE AND 2728
S.W. 12 STREET -- APPLICANT: OMNISPHERE CORP & FRANCISCO
VALDES.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Regalado: Item PZ-10...
Commissioner Plummer: What? I thought we were doing 6 and 7.
A. Quinn Jones, III, Esq. (City Attorney): PZ-9...
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): PZ-9 is a companion.
Vice Mayor Regalado: OK. So we voted on 10, too, right?
131 September 23, 1997
Ms. Adrienne Pardo: Seven and 8.
Mr. Jones: PZ-8.
Ms. Slazyk: Oh, 7 and 8.
Vice Mayor Regalado: Oh, I'm sorry, I'm sorry, I'm sorry.
Ms. Pardo: And if I could add... I forgot to mention this in the record. In the...
Vice Mayor Regalado: Seven and 8.
Ms. Pardo: In the backup legislation, the legal description needs to be amended. And I...
Vice Mayor Regalado: We need another roll call.
Ms. Pardo: ... spoke with Beverly in the Law Department about it, and she just asked to request
it on the record, that they need to make that adjustment. I've discussed it with Hearing Boards.
Vice Mayor Regalado: We need to make another roll call on PZ-8.
Walter Foeman (City Clerk): He needs to read the ordinance first.
Mr. Jones: Let me read... Has there been a motion and second?
Mr. Foeman: No, I don't have a motion and a second.
Mr. Jones: On PZ-8.
Vice Mayor Regalado: I have a motion. I...
Commissioner Gibson: Move it.
Vice Mayor Regalado: Moved by Commissioner Gibson, second by...
Commissioner Plummer: Me.
Vice Mayor Regalado: ... by you.
Mr. Jones: OK.
Vice Mayor Regalado: Call the roll.
132 September 23, 1997
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT, AMENDING PAGE NO. 40 OF THE
ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION FROM O-OFFICE TO C-1 RESTRICTED
COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 1200
AND 1250 SOUTHWEST 27TH AVENUE AND 2728 SOUTHWEST 12TH STREET;
MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of July 24, 1997, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Gibson,
seconded by Commissioner Plummer, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11549.
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.
Ms. Pardo: Thank you very much.
Vice Mayor Regalado: Thank you.
--------------------------------------- --------------- ----------------------------------------------------------
64. PROPOSED SECOND READING ORDINANCE: AMEND ORDINANCE
10544 -- AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN BY
AMENDING LAND USE MAP - CHANGE LAND USE DESIGNATION
FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL --
LOCATION: 2600 AND 2602 N.W. 3 STREET -- APPLICANT: ISLAS
CANARIAS RESTAURANT, INC.
----------------------------------------------------------------------------------------------------------------
Mr. Santiago Echemendia: Mr. Vice Mayor, on PZ-5 and 6, it's also a second reading. It's been
through favorable recommendations from all departments, including yourselves. I'll spare you
the presentation, if you could hear it for a second. Islas Canarias.
Vice Mayor Regalado: Right. We're going to see if... Mr. Mayor, are you ready or... Are you
ready for any other, or we take another zoning item?
Mayor Carollo: Whatever you would like to do.
133 September 23, 1997
Vice Mayor Regalado: OK. We'll take another zoning item.
Commissioner Plummer: I'll move PZ-5.
Vice Mayor Regalado: PZ-5 has been moved by Commissioner Plummer, second by
Commissioner Gibson. Read the ordinance, please. Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 2600 AND
2602 NORTHWEST 3RD STREET, FROM "DUPLEX RESIDENTIAL" TO
"RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of July 24, 1997, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Plummer,
seconded by Commissioner Gibson, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11550.
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.
NOTE FOR THE RECORD: Although absent during roll call,
Mayor arollo's name was called during roll call on the motion.
134 September 23, 1997
------------------------------ ---------------------------------------------------------------------------------
65. PROPOSED SECOND READING ORDINANCE: AMEND ZONING
ORDINANCE 11000, ARTICLE 4, SECTION 401 FROM R-2 TWO-FAMILY
RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL -- LOCATION: 2600
AND 2602 N.W. 3 STREET -- APPLICANT: ISLAS CANARIAS
RESTAURANT, INC.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Move PZ-6. I'm assuming... Let the record reflect that no one in the
audience wished to speak on either PZ-5 or PZ-6. Let the record reflect that no one came forth,
and I move it.
Vice Mayor Regalado: OK. Moved by Commissioner Plummer.
Commissioner Gibson: Second.
Vice Mayor Regalado: Second by Commissioner Gibson. Read the ordinance, please. Call the
roll.
An Ordinance entitled -
AN ORDINANCE AMENDING PAGE NO. 34 OF THE ZONING ATLAS OF THE
CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION
FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL
FOR THE PROPERTY LOCATED AT APPROXIMATELY 2600-2602 NORTHWEST
3RD STREET; MAKING FINDINGS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of July 24, 1997, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner Plummer,
seconded by Commissioner Gibson, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11551.
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.
Mr. Echemendia: Thank you very much.
135 September 23, 1997
•
----------------------------------------------------------------------------------------------------------------
66. PROPOSED FIRST READING ORDINANCE: AMEND ZONING
ORDINANCE 11000, ARTICLE 7, HP HISTORIC PRESERVATION
OVERLAY DISTRICTS -- FROM R-3 MULTIFAMILY MEDIUM DENSITY
RESIDENTIAL TO R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL
AND HP HISTORIC PRESERVATION OVERLAY DISTRICTS TO CHANGE
ZONING ATLAS -- LOCATION: 1548 BRICKELL AVENUE (THE GEORGE
NOLAN HOUSE) -- APPLICANT: GEORGE E. NOLAN ET AL.
Vice Mayor Regalado: PZ-5 and PZ-6...
Commissioner Plummer: Five, 6, 7, and 8, we've done.
Vice Mayor Regalado: PZ-6, 7, 8 have been voted on.
Mr. Michael Lewis: Mr. Vice Mayor?
Vice Mayor Regalado: We have a second reading, 9 and 10.
Mr. Lewis: I represent PZ Number 11. It's for the first reading. If you have time for it, I could
make it three minutes, just give you the stuff for the record.
Commissioner Plummer: Not at first reading.
Vice Mayor Regalado: Abso... Well, I guess so.
Mr. Lewis: There's no objection here. There's one letter, for the record, that they're going to
object at the second reading.
Vice Mayor Regalado: We... It's only PZ-11 or PZ-12, too?
Mr. Lewis: PZ-11. Only 11.
Mayor Carollo: OK. You'd like to address...
Mr. Lewis: I would really just like to submit it for the record, get the first reading. I've been
here since two, and there's a time limit..
Mayor Carollo: I have no problems in taking this up now, if the Commissioners wouldn't mind.
Vice Mayor Regalado: Sure, no problem. Go ahead.
Commissioner Plummer: Which item?
Mr. Jones: PZ-11.
Vice Mayor Regalado: PZ-11. It's a first reading ordinance.
Mr. Lewis: I think Sarah Eaton needs to speak first on this, and I'll be right behind.
136 September 23, 1997
is
Mayor Carollo: That's tine.
Ms. Sarah Eaton (Planner II, CPR Dept.): Mr. Mayor, if the department recommends in favor, I
would be happy to save my presentation until second reading when the one individual who is
objecting has indicated that he would be present. We have a letter that the City Clerk received
from Shubin and Bass, and they asked that you have a copy of that.
Commissioner Plummer: Are you in favor of this?
Ms. Eaton: Yes, we are.
Commissioner Plummer: I'll move that, under the subject as provided, we hear it on first
reading without objection, and that all presentations, major presentation will be at second
reading. I so move.
Mayor Carollo: There's a motion by Commissioner Plummer. Is there a second?
Vice Mayor Regalado: Second.
Mayor Carollo: Second by Commissioner Regalado. All in favor... Well, it's an ordinance.
Read it.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ATLAS OF THE CITY OF MIAMI,
FLORIDA, FOR THE PROPERTY LOCATED AT 1548 BRICKELL AVENUE BY
ADDING THE HP HISTORIC PRESERVATION OVERLAY DISTRICT;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by Vice Mayor Regalado, 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.
137 September 23, 1997
0
•
----------------------------------------------------------------------------------------------------------------
67. CONTINUE TO MEETING OF OCTOBER 28, 1997 CONSIDERATION OF
AGENDA ITEMS PZ13 (AMEND ARTICLE 6 OF ZONING ORDINANCE
11000) AND PZ14 (AMEND ARTICLE 9 OF ZONING ORDINANCE 11000).
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): On PZ-13 and 14, I want to
ask for deferrals, just so people can leave.
Commissioner Plummer: Move PZ-13 and 14 be deferred. Is there anyone here that wishes to
be heard on 13 or...
Ms. Slazyk: To the October P&Z meeting.
Commissioner Plummer: Well, wait a minute. Is there anybody here who's going to be put out
by 13 and 14 being deferred? I move 13 and 14 be deferred.
Commissioner Gort: Second.
Mayor Carollo: There's a motion and a second. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-673
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEMS PZ-13
(PROPOSED FIRST READING ORDINANCE TO AMEND ARTICLE 6 OF ZONING
ORDINANCE 11000 ENTITLED "SALES DISPLAY AND SERVICE ACTIVITIES
WITHIN OPEN OR PARTIALLY OPEN SPACE," TO ALLOW SAID USES,
CONDITIONALLY, IN OPEN AND PRACTICALLY OPEN SPACES WITHIN THE
DISTRICT) AND PZ-14 (PROPOSED FIRST READING ORDINANCE TO AMEND
ARTICLE 9 OF ZONING ORDINANCE 11000, ENTITLED "PARKING OR
STORAGE OF MAJOR RECREATIONAL EQUIPMENT AS AN ACCESSORY USE
IN RESIDENTIAL DISTRICTS," TO SET FORTH REGULATIONS ALLOWING
STORAGE OF SAID VEHICLES IN FRONT YARDS, CONDITIONALLY) TO THE
COMMISSION MEETING PRESENTLY SCHEDULED FOR OCTOBER 28, 1997.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
138 September 23, 1997
Ms. Slazyk: October 28th.
Commissioner Plummer: Let's do budgets.
Mayor Carollo: Let's get back to the regular Commission agenda.
NOTE FOR THE RECORD: AT THIS POINT, THE CITY
COMMISSION CLOSES CONSIDERATION OF THE PLANNING
AND ZONING PORTION OF THE AGENDA TO FURTHER
CONSIDER ITEMS FROM THE REGULAR PORTION OF THE
AGENDA.
----------------------------------------------------------------------------------------------------------------
68. DISCUSS TENTATIVE BUDGET FOR FISCAL YEAR 1997-1998 -- SECOND
PUBLIC HEARING:
(A) DISCUSS CAPITAL IMPROVEMENTS NEEDED FOR BAYFRONT
PARK -- DIRECT ADMINISTRATION TO UPGRADE LOT
CLEARING PROGRAM.
(B) DIRECT ADMINISTRATION TO KEEP REVENUES FROM
PROPERTY SALES IN INTEREST BEARING ACCOUNTS --
DISCUSS PROPOSED REDUCTIONS.
(C) DISCUSS PRIVATIZATION OF SOLID WASTE FUNCTION --
FURTHER DISCUSS NET RESULT OF REPROGRAMMED _
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
(D) AUTHORIZE / DIRECT CITY MANAGER TO DOUBLE CAPITAL
IMPROVEMENT FUNDS PRESENTLY ALLOCATED TOWARD
FIREFIGHTING EQUIPMENT.
(E) INSTRUCT CITY MANAGER TO IDENTIFY FUNDS FOR
PURCHASE OF INFRARED FIRE HELMETS FOR FIRE -RESCUE --
FURTHER DISCUSS AND APPROVE PROPOSED CHANGES TO
CITY BUDGET -- INCORPORATE PARKS IMPROVEMENTS TO
BUDGET.
(F) PROVIDE COMMISSIONERS WITH BREAKDOWN OF STAFF
REDUCTIONS.
(G) DISCUSS BENEFIT OF FIXING EQUIPMENT IN-HOUSE.
(H) PROVIDE COMMISSIONERS WITH STATUS REPORT ON
ENVIRONMENTAL PROBLEMS IN CONNECTION WITH F.E.C./
BICENTENNIAL PROPERTY.
(I) DIRECT CITY ATTORNEY TO MEET WITH ALBIO CASTILLO.
(J) DIRECT CITY MANAGER TO EARMARK ORANGE BOWL EXTRA
REVENUES FOR OPERATIONS OF PARKS -- SEE LABEL 74.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Back to the regular Commission agenda. It's now five -twelve.
Commissioner Plummer: Which item do I cite on for the Bayfront Park capital improvements?
Which item?
Mayor Carollo: Item 39.
139 September 23, 1997
Commissioner Plummer: Which item on the agenda? Mr. Dipak, sir, you need to be at the
microphone. I need to tight in behalf of Bayfront Park for the capital improvement monies.
Which item do I do that under?
Mr. Dipak Parekh (Director, Budget and Management Analysis): Thirty-nine.
Commissioner Plummer: Thirty-nine.
Mayor Carollo: That's 39. How much in capital improvements have they gotten this year,
Commissioner, there?
Commissioner Plummer: Mr. Mayor, that has been put in and recommended for a mill -six...
sixty.
Commissioner Parekh: A million sixty.
Commissioner Plummer: A million sixty, sir.
Mayor Carollo: A million... no, but prior to that, I'm saying.
Commissioner Plummer: Last year, we got... Well, we didn't get what we were supposed to last
year, so I would be hard pressed... We were supposed to get seven fifty, Mr. Mayor, and we did
not get it.
Mayor Carollo: How...
Commissioner Plummer: Some of the problems that we have and some of the improvements
were made for the Centennial, predicated on the monies that we would receive, and we did not,
and we...
Mayor Carollo: And did not receive.
Commissioner Plummer: That's correct, sir.
Mayor Carollo: How much extra will you be getting from the gambling ship that's going to be
docked there?
Commissioner Plummer: Sir, it depends on when it starts, and we don't know when that will be,
but we should be getting somewhere in the neighborhood of four hundred thousand a year.
Mayor Carollo: Approximately four hundred thousand a year when it starts.
Commissioner Plummer: Yes, sir.
Mayor Carollo: But it will start sometime during the fiscal year coming up.
Commissioner Plummer: Yes, sir.
Mayor Carollo: OK. So even if it starts halfway through, it's at least two hundred thousand or
so you'll be getting.
Commissioner Plummer: I would say that's approximately correct.
140 September 23, 1997
Mayor Carollo: OK. That brings you down to about eight fifty, right? You're asking for a
million...
Commissioner Plummer: What we talked about was a million sixty, and eight hundred
thousand... You know, we just govern ourselves accordingly. We want to finish the south end.
We want to do the... finish the Challenger Memorial. These are the items that we would like to
get done out of capital improvement or community development money.
Mayor Carollo: J.L., can I suggest this on this budget?
Commissioner Plummer: Sure.
Mayor Carollo: We've identified for this year two hundred thousand that you get
Commissioner Plummer: Yeah.
Mayor Carollo: There are going to be some monies that we will be having on reserve on this
budget that we're going to go through now, and I'll identify my suggestion on a couple of things.
There are going to be additional dollars, major dollars that we will be getting on the next fiscal
year coming up. There's...
Commissioner Plummer: Mr. Mayor is what you're suggesting that I take part now and part in a
later part of the year?
Mayor Carollo: Yeah. If we could revisit this, at the latest, in December?
Commissioner Plummer: Well, I need some now. OK?
Mayor Carollo: We could revisit this at the later part of December.
Commissioner Plummer: Can I get... Can I get at this particular time six hundred thousand, and
the rest of it, we talk about when the rest of the money comes in?
Mayor Carollo: That's a...
Commissioner Plummer: I've got to pay off debts. That's my problem.
Mayor Carollo: How much have you got in debts?
Commissioner Plummer: Almost seven hundred.
Mayor Carollo: That's in actual debts?
Commissioner Plummer: Yes, sir. Yeah. If you can live with six hundred, and we'll fight about
the four hundred after the first of the year.
Mayor Carollo: Let me... Well, let me try to go through something here.
Commissioner Plummer: OK. The debt is something that you have. And I wasn't aware that,
you know, we had that there. That changes a lot of what we have. The reserves that we have in
this budget are one million three hundred and sixty thousand.
Commissioner Plummer: That's after you've taken some out. There was two point... Reserves
in the capital improvement?
141 September 23, 1997
Mayor Carollo: No, no. This is reserve Citywide.
Commissioner Plummer: No, no. I'm talking... excuse me. Mr. Mayor, don't misunderstand. I
only am looking for dollars out of capital improvements, not from the regular budget. OK? Am
I correct, Mr. Manager? You and I have spoken about this.
Mr. Edward Marquez (City Manager): We had to identify at the last City Commission meeting
two amount of money: Nine hundred thousand dollars left over from CDBG...
Commissioner Plummer: Right.
Mr. Marquez: ,Plus one point eight million dollars ($1.8 million) of land sales.
Commissioner Plummer: Which would amount to two point seven.
Mr. Marquez: Which is the two point seven million dollars ($2.7 million) that you're talking
about.
Commissioner Plummer: Exactly. That's what we talked about.
Mr. Marquez: Now...
Mayor Carollo: What is the amount that you had budgeted every year there, J.L., from the City...
from what you're raising there, the total amount that you have?
Commissioner Plummer: Oh, I... Joe, I'd have to go to the books. Dipak has it.
Mayor Carollo: Let's see how we could work this out with some of the reserves that we have.
Commissioner Plummer: Well, I asked to work it out before today, but they wanted to bring it
up now. So.
Mayor Carollo: Well, it's a million sixty thousand, though, you're asking.
Commissioner Plummer: Sir, that was what we're asking. We did not at any time... we didn't
feel that we would get it. But that's what we could use, as far as the projects that we have on
board. Now...
Mayor Carollo: Do you have anything that's art for public places there in that amount, or could
be construed as that?
Commissioner Plummer: I could check, but I don't recall. I don't really... We're not doing any
construction. We're not doing any construction.
Commissioner Gort: The Challenger is an art.
Commissioner Plummer: Well, if you want to call it art, I'll call it art. Call it anything you
want.
Commissioner Gort: The monuments are art.
Mayor Carollo: Of course, it is. The monuments are art.
142 September 23, 1997
Commissioner Plummer: Which monument?
Mayor Carollo: Any of the monuments you have there.
Commissioner Plummer: Oh, the Challenger? Yeah, we could call that art in public places, yes,
sir, absolutely.
Mayor Carollo: That is. Is that part of the debt that you have or...
Commissioner Plummer: Yeah, that's fine.
Mayor Carollo: Is that part of the debt?
Commissioner Plummer: Yes, sir.
Mayor Carollo: OK. If that is part of the debt that you have, and you were asking one million
sixty thousand...
Commissioner Plummer: Correct.
Mayor Carollo: ... you wanted to settle for half of that, you say?
Commissioner Plummer: Mr. Mayor, that's fine. I'll settle for half of it today and...
Mayor Carollo: Five hundred and thirty thousand... we'll round it out to five hundred.
Commissioner Plummer: Sir, and we can fight about the rest of it after the first of the year,
when more money becomes available.
Mayor Carollo: Right.
Commissioner Plummer: That's fine with me, sir.
Mayor Carollo: Can...
Commissioner Plummer: It's your park. It's... You know.
Mayor Carollo: Well, it's all our park, J.L., all of our park, yeah.
Commissioner Plummer: Yeah. And remember, just so that it's clear on the record, you know,
we are still maintaining, in behalf of the City, Centennial Park.
Mayor Carollo: Yeah.
Commissioner Plummer: That's still under our purview of maintenance.
Mayor Carollo: Can we do this? Can we try to identify from the reserves they have? And we're
so tight as it is right now, J.L., that if we're going into the actual dollars that have been put aside
for projects, I don't know if they could do it or not. But we could certainly... We certainly have
a million three hundred and sixty thousand in reserve, Citywide, plus in case more is needed,
there's another one point eight million that I would like not to touch, but as a last resort, a small
amount could be touched until it's replaced.
Commissioner Plummer: Mr. Mayor, if you'll give me the five fifty now, and then we can argue
about the rest later.
143 September 23, 1997
Mayor Carollo: Five, five.
Commissioner Plummer: Five fifty.
Mayor Carollo: What I wanted to... Well, half of a million sixty thousand is five thirty. And we
said we'd round it out to five, right? So...
Commissioner Plummer: Five fifty.
Mayor Carollo: No. What kind of math is that?
Commissioner Plummer: I'll compromise. Five forty-five.
Mayor Carollo: If we could do the following: I think you have a very good contact in the Sports
Authority that... you do.
Commissioner Plummer: I think so.
Mayor Carollo: We could bring up at the next meeting or at a special Sports Authority meeting
that I could call, a presentation that you will come with a request, and I'm sure you will get
approved at least a quarter of a million dollars for art in public places.
Commissioner Plummer: That's above my five fifty.
Mayor Carollo: No. This is including that amount. You know, we're taking monies from
anywhere that we can to supplement you. What I'm trying to do is get you the money that you
want now.
Commissioner Plummer: Look, look, I hear what you're saying. All right? Give me my five
fifty now. If I get two fifty from Sports Authority for art in public places, then I will say that
that is the sum total. Yet, I want first crack at the escrow money from St. Hugh Oaks. Willy and
I have actually got that money together.
Mayor Carollo: How much money is there?
Commissioner Plummer: Well, they just robbed two hundred and thirty thousand from me. It
was around... what, nine, Willy? You're the treasurer. I think it was around nine. And I think
we have all but two sold now, is it?
Mayor Carollo: What's the total amount, approximately?
Commissioner Plummer: It was nine. I think it's... it's down...
Mayor Carollo: Nine hundred thousand?
Commissioner Plummer: Yeah, that's the escrow.
Mayor Carollo: Nine hundred thousand?
Commissioner Plummer: Yeah.
Mayor Carollo: I'll tell you what. If you want, we could just, you know, let you take that
escrow and we won't give you nothing now.
144 September 23, 1997
Commissioner Plummer: No, because they've already robbed me. They've already robbed me.
I don't think we can take all of the escrow. Bert, can that money be used for other items, the
escrow money?
Mr. Elbert Waters (Director, Community Development): From St. Hugh Oaks?
Commissioner Plummer: Yeah.
Mr. Waters: Yes, sir. It's unrestricted.
Commissioner Plummer: OK. And what's the balance now, after you took the two hundred and
thirty thousand?
Mr. Waters: Approximately nine hundred thousand.
Commissioner Plummer: Approximately. You want me to take that money when it's available?
That's fine with me.
Mayor Carollo: I don't mind you taking that money when it's available.
Commissioner Plummer: All right.
Mayor Carollo: But just let it be as it is now. OK?
Commissioner Plummer: You got it, Toyota.
Mayor Carollo: All right. J.L. is going to back off now.
Commissioner Plummer: I'll back off.
Mayor Carollo: He could go and grab that money when it's available for Bayfront Park.
Commissioner Plummer: That's fine, sir. I have no objection to that.
Mayor Carollo: OK.
Commissioner Plummer: And just for the record, through the...
Commissioner Gibson: We need some of that in Coconut Grove.
Mayor Carollo: Now, the only thing I would like to throw as part of it is that we do have the
option to trade dollar for dollar through the Art in Public Places account at the Sports Authority.
Commissioner Plummer: I will...
Mayor Carollo: As long as you get the money, that's all you're worrying about. In other
words...
Commissioner Plummer: Mr. Mayor, I will commit to you, sir, that any dollar that I can
dedicate to art in public places in the park for the use of art in public places, I will relinquish that
dollar from the escrow account of the nine hundred thousand.
Mayor Carollo: Great. That's fine. All that we're doing, J.L., for the public to understand, is
that we're trying to utilize the dollars that we have in the best way.
145 September 23, 1997
Commissioner Plummer: Absolutely.
Mayor Carollo: There are some accounts that some other City agencies that are fully
independent, like the Sports Authority, have that can only be used for certain things. So, you
know, what we're trying to do is, if there is a need for that in Bayfront Park, which there is, then
we just trade those dollars and free up other dollars then, that we would have had to spend in that
park. That is everyone's park.
Commissioner Plummer: Mr. Mayor, I assure you, sir, that anything that we can identify of
dollars for art in public places, will be used in the park, and it will be deducted from the nine
hundred thousand, which will be supplied by the Sports Authority.
Mayor Carollo: The nine hundred thousand will be supplied by...
Commissioner Plummer: By the St. Hugh Oaks.
Mayor Carollo: By St. Hugh's. OK. Thank you. OK.
Commissioner Plummer: But any of the replacement dollars would be by the Sports Authority.
Mayor Carollo: OK. All right. That's fine. All right.
Commissioner Plummer: OK. I got no problem. Now, the only other problem I have with
budget, OK?... And, Mr. Mayor, for the edification of yourself and others, Commissioner Gort
and I have been sent by you there with a big stick to whip this thing into order, and with the help
of the Administration, it's my understanding, sir, we now have only two units left. Thank God.
OK?
Mayor Carollo: You all have done a great job. I compliment you. Great job.
Commissioner Plummer: The other area, Mr. Mayor, I brought up this morning that I have with
budget... and I'm going to shut up. The other area is the lot clearing program. I would like to
see... Mr. Dipak, how much money is in that fund at the present time, approximately?
Mr. Parekh: I need a few minutes to go to the report.
Commissioner Plummer: Well, OK. What I'm asking for, just so that you know, that we've got
to change our antiquated system of lot clearing. And if we're going to do anything significant in
this coming year, which I want to do, and I'm sure the rest of us in our districts want to do,
you've got to have adequate funds in there that are going to be able to allow not a 90, 100, 300-
day wait to get this stuff done. That money, hopefully, will be... without question, will be
coming back. Some of it will be liens, it won't come back immediately. But we were told this
morning near a hundred thousand. That won't be a drop in the bucket.
Bob Nachlinger (Assistant City Manager): Commissioner, there's two hundred and fifty
thousand dollars ($250,000) in our CDBG (Community Development Block Grant) Program for
lot clearing, specifically.
Commissioner Plummer: All right. Let's understand each other well. All right? I'm not talking
about demolishing of buildings, only. I'm talking about people who won't cut their grass, who
won't trim their trees, who won't do, to make a neighborhood proud of what it's doing. Now, if
you're telling me that two hundred and fifty includes the demolition of crack houses and
abandoned structures, I want another two fifty placed in the budget for the reserve of doing lot
146 September 23, 1997
clearing. Remember, I told you this morning that every three months, under the new ordinance,
we have the right to say, "If you don't clean your yard and take pride in your neighborhood,
we're going to do it for you."
Mr. Nachlinger: Commissioner, let me state for the record, the two hundred and fifty thousand
dollars ($250,000) in the CD (Community Development) Program for lot clearing specifically is
for lot clearing only. There's a separate pool of money available for demolition.
Commissioner Plummer: I'm happy.
Mayor Carollo: OK.
Commissioner Plummer: Is there any money in the budget to buy the Manager a wig? Come
out to the funeral home, Mr. Manager, and I'll...
Mayor Carollo: To buy who a wig?
Mr. Marquez: Mr. Commissioner, I'm just happy to have it.
Mayor Carollo: To buy who a wig?
Commissioner Plummer: He went to sleep in the barber chair.
Mayor Carollo: Before we begin going over the proposed millage rate and the new budget, I'd
like to bring something up that I would like to make changes in the budget. We have in
additional revenues... If you could pass that out, I'll be explaining it. We have a total of a
million five hundred and sixty thousand dollars ($1,560,000) in additional revenues for next
fiscal year's budget. That does not include a million eight hundred thousand that we will end up
with as extra dollars from properties that we have sold. That million eight hundred thousand, I
would like to keep in an account, interest -bearing account, unless we could find something that
could bring us more money by utilizing it. Monies that we're deriving from properties that are
sold, we cannot throw in the same pot as the general fund, and spend. It has to be treated very
carefully, very differently. It has to be treated with more caution, because those are lands that
we won't have again, and we have to make sure that those dollars are going to go the longest
way for the City, not only now, but for the future. So if I could go down the list of extra
revenues that we would have for this coming fiscal budget. There's approximately nine hundred
thousand dollars ($900,000) from CDBG funding. We have a million three hundred and sixty
thousand in reserves. We're going to take out the eight hundred thousand that we were looking
at on major league soccer. If it comes back in, or if it comes through other events, or if it comes
back in through professional football, that's a plus. But, you know, we're going to deal with
what we have to deal with today. So we're taking eight hundred thousand out. We have to be
conservative. And we're going to put a hundred thousand on interest that's going to be
compounded on the additional one million eight hundred thousand that we will have of
additional land sales. Going down to the last line here, we have...
Vice Mayor Regalado: Mr. Mayor, excuse me.
Mayor Carollo: Yes.
Vice Mayor Regalado: What about the three hundred thousand dollars from the December
contract in the Orange Bowl? Would that... was that done... It was not included in the original.
Mayor Carollo: Well, I'd rather not include that, either. I'd rather be very conservative. I'd
rather just throw that into the pot of what we were expecting to bring in, into the Orange Bowl
147 September 23, 1997
already for this next fiscal year. I'd rather be very conservative in the numbers we use. So if we
go all the way down on additional departmental reductions, it says "Departmental Reductions." I
would like to see the offices of the Mayor and Manager combined into the executive offices of
the Mayor and Manager. And once that's done, I think that we could very easily have a two
hundred and twenty thousand dollar ($220,000) deduction. The office of Budget, a hundred and
nine thousand seven hundred and nine dollars ($109,709) reduction. The actual numbers on the
executive office reduction is for two hundred and nineteen thousand eight thirty-eight. And then
on Citywide operating, that includes the different positions in unclassified, that includes across
the board, and other reductions that we could do Citywide, another five hundred thousand, which
brings the total to eight hundred and twenty-nine thousand five hundred and forty-seven dollars
($829,547), for a total in additional revenues and departmental reductions of two million three
hundred and eighty-nine thousand five hundred and forty-seven dollars ($2,389,547). Now...
Commissioner Plummer: I only have a problem with one, Mr. Mayor.
Mayor Carollo: OK. Go ahead, Commissioner.
Commissioner Plummer: The only problem I have is under expenditures, and that's in reference
to Gusman.
Mayor Carollo: Yeah. This is where we're going to be going into now. OK?
Commissioner Plummer: OK.
Mayor Carollo: Expenditures. Where are we going to put that money that we're saving from
other areas, or extra money that we have? We had taken four hundred and sixty-one thousand
seven hundred and seventy-nine from the offices of the GESE (General Employees and
Sanitation Employees) Pension, and two hundred and four thousand dollars two hundred and
fifty-seven ($204,257) from the FIPO (Fire and Police) Pension Board. What these two pension
boards have saved the City of Miami throughout the years by having the personnel that they have
there is millions and millions of dollars. I really don't want to mess with something that's been
working and take a chance that by doing that, we'll save a quarter and lose a dollar. I'd like to
see that placed back in there. Gusman, Gusman/Olympia Building, we have ninety-five
thousand down. My understanding, J.L., is that they're asking for about one ninety or so.
Commissioner Plummer: Mr. Mayor, that's what they're asking for, but there is a policy and
resolution of this Commission that once we made the subsidy of a year ago that they would
never be able to come back and ask for a dime. Now, they were fully aware of that. They are
fully... I don't know why they're even asking. It was so well understood that when Mr. Stallone
gave them fifty thousand dollars ($50,000) to pull them out that year, they would not come back
and ask. Mr. Mayor, I have gone over, as I assume all of you have, and had the opportunity, you
know, to look at this budget. I mean, this budget, it's absolutely... fifty-two thousand dollars
($52,000) is their water bill.
Mayor Carollo: You're saying the Gusman/Olympia budget.
Commissioner Plummer: I'm saying, sir, that that's what I have here in front of me.
Mayor Carollo: J.L., I'm willing to take that out. No problem, let's take it out. OK? That's
ninety-five thousand more we save. Take it out. The individuals from Gusman, if they can meet
with me later, I feel pretty certain we can make that up in another way that's not through the City
of Miami, but you're going to have to step in and work harder to bring some additional dollars.
Commissioner Plummer: Well, Mr. Mayor, you know, when you talk with these people, I want
to also have conversation. You know, a third of their budget is salaries and benefits. You're
148 September 23, 1997
talking two hundred and seventy thousand dollars ($270,000) of benefits and salaries. And
that's...
Mayor Carollo: Well, I... J.L., your point is well taken.
Commissioner Plummer: OK.
Mayor Carollo: The City of Miami is not going to give them anything.
Commissioner Plummer: OK.
Mayor Carollo: So that's... you know.
Commissioner Plummer: All right.
Mayor Carollo: I'll tell you what I would appreciate if you could do for me.
Commissioner Plummer: Sure.
Mayor Carollo: If you could sit down with them, anyway.
Commissioner Plummer: Be happy to.
Mayor Carollo: And point out to them some of the areas that you think they can cut back on.
Commissioner Plummer: They're already earmarked.
Mayor Carollo: Very good. OK. Now, commercial...
Vice Mayor Regalado: Mr. Mayor, I think that if we're going to start taking some items out of
the budget, I think that...
Mayor Carollo: No, no. That was not in the budget to begin with, Commissioner.
Vice Mayor Regalado: All right.
Mayor Carollo: These are things that I was talking about adding onto the budget, on the savings
that we have. But if you'd let me go by some of the things that we're talking about that are
needed, and then let's, you know, hash some of them out. Commercial Code compliance, this is
one that we need to discuss. This was recommended, and it's coming from some earmarked
monies to help individual homeowners, to help businesses that their properties might not be up to
code, to help bring them up to code. Six hundred and fifty thousand. We need to include, which
we hadn't included before, an additional hundred and seventy thousand one seventy-six for the
operating budget of an extra Commissioner. The City Hall renovations that we have gotten
different projections from the Administration - this is coming from the Administration - on
things that have needed to be done in City Hall for some time... this is only going to be touching
a little bit of it, but sufficient for the meantime. It's a hundred and eighty-two thousand five
hundred. The recycling that we all had talked about to place back in, three hundred and fifty-
eight thousand five hundred and eighty-eight dollars ($358,588). In the weekly trash pickup that
we had talked about, I'd like to extend the weekly trash pickup, instead of the monthly, for half
the year, six months, until we can identify when we meet again to discuss this, later November,
December, other areas that we could keep taking it forward for the rest of the year.
Commissioner Plummer: Can I ask a...
149 September 23, 1997
Mayor Carollo: Late November, early December, we're going to be meeting, and decide at that
time how many additional dollars we have that would be recurring dollars that we could use in
different areas. The total that I have here came to the same amount that we had in additional
revenues or departmental reductions, minus the ninety-five thousand that we had. I have tried to
be very conservative in what I brought forward. I did not want to make this a goody bag where
we could be saving or reducing dollars in one area and then throwing them into another. I tried
to bring forward some solid suggestions.
Commissioner Plummer: Mr. Mayor, there's nothing here that anybody could accuse you or this
Commission of turkeys. These are all very legitimate expenditures. I have a couple of
questions, if I may.
Mayor Carollo: Certainly, Commissioner.
Commissioner Plummer: Mr. Manager, you know my feelings on the privatization of sanitation.
I'm opposed as... we first give it in-house. But I need to know, predicated on the Mayor's
comment, about increasing it for a half a year. Now, we have the RFP (Request for Proposals).
When do we expect the RFP, which I'm assuming is coming - I wish it wouldn't, but it's
coming - when is it going to be coming forth to this City Commission? I'm questioning, Mr.
Mayor, whether half a year is enough time that all of that matter is going to be done.
Mayor Carollo: If... It's a very good question, J.L., that you're asking.
Commissioner Plummer: So I'm asking, when is that going to be coming to the City again?
Mayor Carollo: What I'd like to ask the Manager is to sit down with each and every one of us
before we decide when that will come up. And this... We need, I think, to do the RFP (Request
for Proposals), just to see where we're at, so that the new people, the new union that's coming on
board, could see what they have to compete with. The statements that you've made, I'm with
you on that one. And I think that we can accomplish everything that we want to with our own
work force.
Commissioner Plummer: OK. The reason of my question was simply, is another half a year
adequate enough to keep up with what our present level of service is? That was my only
question. "Predicated on when the RFP is going to go out, when it would come back, and the
approximate time would that be done, within the half a year?" is my question.
Mr. Edward Marquez (City Manager): The extension of the increase of funds towards weekly
trash pickup is actually extending the time out into the future, which means that the RFP can
theoretically go out later.
Commissioner Plummer: Oh, I thought the Mayor said that would be for a half a year.
Mayor Carollo: Well, the extension on the weekly trash pickup, we've identified enough for half
the year. But as you see here, we have sufficient other dollars that will be coming from other
areas that we could carry it on through the whole year.
Commissioner Plummer: OK, I just want...
Mayor Carollo: But I only want to bring up half a year now for the purpose of the Oversight
Board that comes late November, early December. Then we'll clearly identify for them where
the other money is coming from to take it throughout the whole year.
150 September 23, 1997
Commissioner Plummer: OK. My next question is, how firm is, under "Revenues," the million
three sixty? Is that actual dollars in hand? Is that money that we can draw down on tomorrow?
Is it that comfortable, or is this monies that have to be recouped?
Mr. Marquez: No. The million three fifty, as adjusted by that eight hundred thousand dollars
($800,000), is solid.
Mayor Carollo: A million three sixty.
Mr. Marquez: A million three sixty.
Commissioner Plummer: Is solid. In other words, that's money you... that's hard dollars; you
could draw down on that tomorrow?
Mr. Marquez: Yes, sir.
Commissioner Plummer: OK. Now, watching the County - and I hate to say that I take anything
from them - but watching them the other day, have you gone through the entire CDBG
(Community Development Block Grant), and found any areas where monies have been
committed that have not been used? Is that the nine hundred thousand, or, in fact, is there more?
Mr. Marquez: This nine hundred thousand represents all available funds of the CDBG program
after commitments... existing commitments. It's the...
Commissioner Plummer: That's not my question.
Mr. Marquez: The answer is yes.
Commissioner Plummer: Listen to my question, again. Commitments that were made that will
not be able to be met or kept that funds would possibly be coming back, is that included in the
nine hundred, or has the purge been done to make sure that there are not other available funds
out there? The County found almost four million dollars ($4,000,000) in funds that were not
going to be able to be used, and they are calling those funds back. That's my question.
Bob Nachlinger (Assistant City Manager): Commissioner, if you will remember, back in about
March, you went through that exercise. To the best of our knowledge, all programs that are
currently allocated and budgeted for will continue. If one of them... one or any of them will not,
we'll be coming back to you with a request to reprogram those funds.
Commissioner Plummer: March is fine, but a lot things happen around here in five months.
Mr. Nachlinger: Yes, sir, I agree.
Commissioner Plummer: OK. Just wanted to make sure.
Vice Mayor Regalado: On this CDBG issue, you know, nine hundred thousand dollars
($900,000), 1 don't think that will be the right amount. I... we were told several times different
numbers, and always, you found more money. We now have, by Congress decision, the
possibility of getting 25 percent of the grant returned to use in social services. That's something
that Congresswoman Carrie Meek and Congresswoman Ileana Ros-Lehtinen did for the City of
Miami.
Mr. Nachlinger: That's Correct.
151 September 23, 1997
Vice Mayor Regalado: So my question is, we asked the Administration several months ago to be
more aggressive on the loans that have not been .recouped by the Administration. And we were
told that the amount of money will be more than at that time it was. I don't know whether or not
we have followed that directive from the Commission in terms of getting more money back from
the grants and the loans.
Mr. Nachlinger: Commissioner, we've done so. Just this last week, I sent three cases down to
the City Attorney's Office for foreclosure actions. None of those monies are within this nine
hundred thousand. I wouldn't presume to come and ask you to appropriate monies until after
those foreclosure actions, because there is a potential for us not to get any revenue back, but do
get the properties on the tax roll. As monies become available, we will come to you with those
monies, with a request to program them. But until such time as a... the foreclosure actions go
through or we make recoveries on loans, I'm not going to come and try to even predict the
amount that we will be receiving.
Commissioner Plummer: Seeing Mr. Talbert here, is a hundred thousand dollar ($100,000)
interlocal... hundred thousand in this budget?
Commissioner Gort: No, that's not... That's out.
Commissioner Plummer: I want to make sure. I was trying to find another hundred. That's out.
We no longer pay them a hundred thousand interlocal.
Mr. Marquez: That's correct.
Mayor Carollo: That was taken care of in the last go around.
Commissioner Plummer: Just want to make sure.
Mayor Carollo: Any additional questions, Commissioners?
Vice Mayor Regalado: Well, I just want to know if the figure of nine hundred thousand dollars
($900,000) is final.
Mayor Carollo: You think it's more?
Vice Mayor Regalado: I think it's more.
Mayor Carollo: Well, you might be right. Let's find out.
Commissioner Plummer: That's what I just asked.
Mr. Nachlinger: Commissioner, I hope you're right. As of right now... Actually the nine
hundred thousand dollars ($900,000) is the net result of reprogramming seven hundred and fifty
thousand dollars ($750,000) from all prior years' block grant funds. That's how much we were
able to find and reprogram. Two and a half million dollars in program income that is being
reprogrammed, from that, there is a... one million dollars ($1,000,000) that was two home
projects that the... both had requested a million dollars ($1,000,000) that the City Commission
directed us to fund each of them; half from home and half from CDBG. The Flagler
Marketplace, there was two previous five hundred thousand dollar ($500,000) resolutions by this
Commission for funding. Those monies have been reduced from that three and a quarter million.
The emergency cleanup that is still underway is two hundred and fifty thousand. That came out
of that three and a quarter million...
152 September 23, 1997
0
•
Commissioner Plummer: No, no, two thirty. Did you steal more than the two thirty?
Mr. Marquez: Two fifty from CDBG...
Mr. Nachlinger: Two fifty from CDBG, the two thirty was a jobs program.
Vice Mayor Regalado: The two fifty... The two fifty was taken off the CDBG.
Mr. Nachlinger: Yes, sir. And the additional one hundred thousand for the Polide Home
Ownership Program,. leaving the result of nine hundred thousand out of that three and a quarter
million dollars. So, yes, you're right. There was substantially more than nine hundred thousand,
but after the Commission had made its allocations, to date, there's only nine hundred thousand of
that left.
Vice Mayor Regalado: Hold on, Bob. I really understand. It's just that I thought that with the
projection of being more aggressive in trying to recuperate some of the loans, we would have
more than nine hundred thousand, even with those expenditures.
Mr. Nachlinger: Commissioner, I hope you're right. And if those funds become available, we
will be coming to you with the request to reprogram. I just am a little hesitant at this point to ask
for a budget for those dollars that I don't have.
Commissioner Plummer: How many dollars are going out of the Law Enforcement Trust Fund
budget into the general fund for police activities?
Mr. Nachlinger: For this budget year?
Commissioner Plummer: Yeah, for this budget year.
Mr. Nachlinger: One point eight million dollars ($1.8 million).
Commissioner Plummer: Will be going into the general fund for general fund activities. I'm not
talking about charitable organizations. I'm talking about fire equipment, police equipment, is
coming out of the Law Enforcement Trust Fund?
Mr. Dipak Parekh (Director, Budget and Management Analysis): Absolutely.
Commissioner Plummer: A million eight?
Mr. Parekh: A million eight.
Commissioner Plummer: Congratulations. Now, the other question I have is, where do you
show me in the budget we're getting ready to sell real estate? I don't see it in the budget.
Mr. Marquez: Within the budget, you have real estate sales.
Commissioner Plummer: And how is that money... Is it being held in reserves? What's going
to happen with that money when we get it? We basically got the old police station sold, correct?
For all practical purposes.
Mr. Marquez: The police substation was budgeted for two point one million dollars ($2.1
million). The Manuel Artime...
Commissioner Plummer: Wait, wait, whoa, whoa...
153 September 23, 1997
Vice Mayor Regalado: No, no, he's not talking about that one.
Commissioner Plummer: No, no, I'm talking about the sale.
Vice Mayor Regalado: These are all municipal buildings.
Commissioner Plummer: The sales of those... anticipated sales of those buildings. Where is the
money going? What are we getting, Dena? We're getting five million for the old police station?
Dena Bianchino (Assistant Director, Asset Management): Five point six.
Mr. Parekh: Five point six.
Commissioner Plummer: Five point six. OK. I don't see that earmarked in the budget.
Mr. Parekh: Commissioner, on page 10 of our budget book, we have projected in revenues in
the amount five point eight million dollars ($5.8 million).
Commissioner Plummer: For the entire year?
Mr. Parekh: For the entire fiscal year 1998.
Commissioner Plummer: So you're only going to sell one parcel, which, in fact, is already sold.
Mr. Parekh: No. We have programmed a certain amount of revenues for fiscal year 1997, of
which five point seven million dollars ($5.7 million) for the Municipal Justice site was supposed
to come in, but I think it'll come in after the end of this fiscal year. Now...
Commissioner Plummer: All right. Let me tell you where I'm trying to get to. OK? The Fire
Department has got a hell of a problem with equipment. How much money is going... I'm not
saying I'm going to agree with the Fire Chief that everything in his wish list is going to be
accommodated... but how much money is put aside for new equipment in the Fire budget?
Mr. Parekh: As part of the CIP (Capital Improvements Program) program, one point three
million dollars ($1.3 million) has been projected to be expended for fiscal year 1998. 1 believe...
Commissioner Plummer: For equipment?
Mr. Parekh: For equipment, for new Fire -Rescue apparatus.
Commissioner Plummer: All right, that's a million three.
Mr. Parekh: Yes, sir.
Commissioner Plummer: What is he asking for? As I recall, it was somewhere in the
neighborhood of four.
Mr. Parekh: That's true, sir. However, these are going to be staggered on a yearly basis...
Commissioner Plummer: Sir...
Mr. Parekh: ... and we have set aside as part of the five year program certain amount of
expenditures for CIP.
154 September 23, 1997
Commissioner Plummer: Look... Dipak, my friend...
Mr. Parekh: Yes, sir.
Vice Mayor Regalado: Is that coming out of the general budget?
Mr. Parekh: Yes, sir.
Commissioner Plummer: You're dealing with life and death. I'm not talking about parks, I'm
not talking about anything else. I'm talking about if you go to the citizens of this City, the one
thing that they are tickled pink in is Rescue and Fire. Now, what I'm asking is, should we be
taking money from somewhere that's a nonessential, life-giving service to try and better the
amount of stuff in the Fire Department, as needed?
Mr. Marquez: Commissioner, let me...
Commissioner Plummer: You know, we talked about a bond issue. That's out of the question.
That's gone bye-bye. What I'm saying is that I would like to see more money, wherever you get
it from, to go into that Fire budget for the purposes, not of salaries, not of promotions, not of
benefits, but for the equipment that I read about in an article that it's falling apart. I don't agree
with that article, but what I'm saying is that I think that we should be giving more consideration
than a million three. A damn fire truck today is what, Chien? Eight, nine hundred thousand
dollars ($900,000)?
Chief Carlos Gimenez (Chief of Fire): Well, depends on the fire truck. The fire trucks that we
have right now, the aerials that we're purchasing are around four hundred thousand dollars
($400,000). The pumpers are going to run around two to two hundred and fifty. The rescues run
in the neighborhood of about a hundred thousand dollars ($100,000).
Commissioner Plummer: Well, I'm just... I would like to find more money dedicated... I don't
know if we can get it from the Law Enforcement Trust Fund. You know, there's been some
legalities questioned about that, but I'm just saying that I would like to see more money in that
capital improvement for equipment. I read the other day and see on television about this new
thing that we don't have but one of, and we're a number one Fire Department in the United
States, for the vision - it's twenty-five thousand dollars ($25,000) a unit - that lets a fireman see
and recoup people inside that he couldn't see without this unit. We don't own one of them. And
yet, we pride ourselves on being a number one Fire Department. I think that we ought to have a
number of those units. I don't see anything in this budget for them.
Chief Gimenez: We've got a demonstration on those units coming up in the next couple of
weeks.
Commissioner Plummer: But you don't have the money.
Chief Gimenez: I understand that, but we still have a demonstration to make sure that's
something we can work out with.
Commissioner Plummer: Fine. You have the demonstration, and they look good, and they say,
"Thank you, we'll see you at Christmastime"? That's not what I'm talking about. This is
Christmastime. This is budget time. I'm saying to you that I would like to see at least that Fire
Department capital improvement have more money in it. I just feel very, very strongly on that.
155 September 23, 1997
Commissioner Gort: Let me ask you a question. My understanding is we voted, about two or
three months ago, on the capital improvement that we allocated for the Fire Chief, according to
the plan that he presented to us of what he needed.
Commissioner Plummer: Yeah, but that's...
Commissioner Gort: Am I correct?
Chief Gimenez: For the first year, we got actually a move up of about one point three million,
and we were going to purchase... we're going to refurbish two aerials, and we're going to
purchase a new aerial with that money; yes, sir.
Commissioner Gort: But my understanding is, the presentation you made to us is, with that
allocation, you were able to maintain the services that you have today.
Chief Gimenez: That's correct. And then with future allocations, we're looking toward
replacing the entire fleet, you know, within a... or at least bringing the fleet up within the next
five years.
Commissioner Gort: Thank you.
Vice Mayor Regalado: But Carlos... Mr. Manager we... I am aware that we could use some
CDBG money to buy equipment for the City of Miami Fire Department.
Commissioner Plummer: Absolutely.
Vice Mayor Regalado: Why are we not using the CDBG money, and using that of general
funds? And, you know, why is it that we have fifty-one million dollars ($51,000,000) for
personnel in the Fire Department? In the police, well, we have ninety-four million dollars
($94,000,000), with half of the personnel. So I don't know if you can use some of the personnel
budget to buy some... that equipment that J.L. was talking about, or why cannot we use some
CDBG funds? Because after all, I remember July 18, 1997, Bob, you sent us this memo. you
said that there were five million two hundred and eighty thousand dollars ($5,280,000) in
uncommitted CDBG housing programs funds, and three million two hundred and sixty-one
thousand in program income. So as of June 7th, we had eight million five forty-five. Yeah, we
spent a lot, but still, eight million.
Mr. Nachlinger: Commissioner, the three and a quarter million dollars that you reference in that
memo is the numbers... or the monies we've been talking about earlier.
Vice Mayor Regalado: I know.
Mr. Nachlinger: The five and a quarter million dollars in that memo is monies that are dedicated
solely to housing and can't be spent for...
Vice Mayor Regalado: Excuse me. I think that there are ways, and I know that there are ways to
tap into those monies. When you are dealing with safety of the people, there are some things
written on the federal guidelines that you can tap into that money. Remember the garbage... I
mean the cleanup. I'm just trying here, because I know that there are ways. There are ways to
buy equipment of CDBG money.
Mr. Marquez: Commissioner, when planning our capital improvement projects, the number one
concern that we had was that life and safety was protected. And we had polled, discussed with
each of the departments their capital needs. We incorporated into the Fire Department's... for
156 September 23, 1997
the Fire Department's benefit those funds that were necessary to survive adequately this fiscal
year with the capital improvements.
Vice Mayor Regalado: Yeah, but I'm not talking about that.
Mr. Marquez: Well, as we go forward, and if you... if this Commission wants us to focus in on
reallocating CDBG funds for fire safety enhancements, we will be more than happy to do so.
Vice Mayor Regalado: But that was not my point. My point is that since the beginning, we
could use funds from CDBG to buy equipment, and not taking off the general funds.
Mr. Marquez: We have, as part of the five-year plan, been using substantial amounts of CDBG
funds to reimburse for general fund expenditures, more so than we ever have done in the past.
We perhaps can do a better job in rededicating, being a little more specific...
Commissioner Plummer: It's a dangerous way of doing it. Why can't we use more of the Law
Enforcement Trust Funds? The Chief told me... Chief Warshaw, you told me we had - what? - a
big chunk of change coming down the pike.
Chief Donald Warshaw (Chief of Police): Commissioner, the Law Enforcement Trust Fund can
only be used for law enforcement purposes. Now...
Commissioner Plummer: That's not true, sir.
Chief Warshaw: Well...
Commissioner Plummer: Excuse me. I say it's not true, and I'm predicating it on the City of
Coral Gables that bought a fire truck from it. OK? Now...
Chief Warshaw: Commissioner, with all due respect...
Commissioner Plummer: ... maybe they did something that they're not supposed to do, and God
help them if they did. But, by God, I don't think they're any smarter than we are. Now, I'm just
saying to you that... You know, I love these organizations. "Do the Right Thing" is a great,
great program that you have, one of the best, but it's a hundred and sixty-five thousand dollars
($165,000). These are the kind of things that I think that we need to talk about. Mr. Manager,
again, let me try to go through a different scenario. Of the monies for the sale of the real estate
holdings you have in this particular year, five million dollars ($5,000,000); is that correct?
Mr. Marquez: Out the real estate earnings that we're anticipating for this fiscal year?
Commissioner Plummer: Yes.
Mr. Marquez: All but one point eight million dollars ($1.8 million) has been already allocated.
Commissioner Plummer: But what I'm saying is that you, for this total year, are anticipating,
you said, five point six in this year's budget?
Mr. Parekh: In this year, we started with a seven point four million dollar ($7.4 million)
projection. Our estimate for the end of this fiscal year is going to be six point two million dollars
($6.2 million).
Commissioner Plummer: Total.
157 September 23, 1997
•
•
Mr. Parekh: Total.
Commissioner Plummer: OK. We're already selling the Police Department for roughly that
amount. Five point six? How much is the Police Department... old police station?
Mr. Parekh: Five point seven.
Commissioner Plummer: OK, five point seven. So you got another million to go, correct? Am I
right or wrong?
Mr. Parekh: Not really. OK. We have covered this year's basic estimate. For next fiscal year,
however, our projection is five point eight million dollars ($5.8 million) with a number of
different properties.
Commissioner Plummer: OK.
Mr. Parekh: We were supposed to sell the Municipal Justice Building this fiscal year...
Commissioner Plummer: OK.
Mr. Parekh: ... for a value...
Commissioner Plummer: So that's in this year's allocation.
Mr. Parekh: It was.
Commissioner Plummer: All right.
Mr. Parekh: At five point seven.
Commissioner Plummer: All right.
Mr. Parekh: However, the projection was four million dollars ($4,000,000). That would have
raised the surplus to about one point seven million dollars ($1.7 million).
Commissioner Plummer: All right. Let me tell you where I'm trying to come to. That if we
have any monies over the projected amount from the sale of properties, that we will at least
double the amount of capital improvements in the Fire Department. If we don't get the money,
we don't get the money. OK? But what I'm saying to you is that if we get the money from the
sale, and we have those additional dollars, that we increase the budget of the Fire Department
another million three, solely for equipment, not for raises or any of that.
Mayor Carollo: You're talking beyond the one point eight million that we already established...
Commissioner Plummer: Yes, sir.
Mayor Carollo: ... that we're going to have as a surplus.
Commissioner Plummer: I'm talking... well, no, sir. I'm talking about of the sale of the real
estate. All right?
Mayor Carollo: Beyond the amounts that we discussed and I said we had... We have one point
eight million...
158 September 23, 1997
Commissioner Plummer: OK.
Mayor Carollo: ... that we're reserving...
Commissioner Plummer: All right.
Mayor Carollo: ... that I discussed that already.
Commissioner Plummer: All right.
Mayor Carollo: You're saying beyond that?
Commissioner Plummer: Beyond that, if we get additional dollars, that this Commission stands
committed that every one of those dollars cannot be touched until the Fire Department capital
improvement has been doubled for this year.
Mr. Marquez: Commissioner Plummer, what I would...
Commissioner Plummer: Yes, sir.
Mr. Marquez: What I would suggest is the instruction to the Administration that when that
occurs, when we have excess land sales revenue beyond the one point eight million dollars ($1.8
million), that we're instructed to immediately come back before the City Commission with a
budget amendment.
Mayor Carollo: That's really the way that it should be described.
Commissioner Plummer: That's all right with me. But look, you know, I'm not saying that if
you have dollars from somewhere else that you can't allocate them there. I think the priority has
got to be set by this Commission, first and foremost, that we are going to dedicate monies that
we can find available to life-giving services in that Fire Department, and keeping it as a number
one department. So, Mr. Mayor, whether that's in the form of a motion or how... I want to make
sure that it's locked into concrete.
Mayor Carollo: I think the intent of this Commission is clear on that. I don't see anyone
objecting. I certainly am in favor of doubling that, once it comes from other properties beyond
the ones that we already have discussed this year here.
Mr. Marquez: Mr. Mayor, may I suggest that a separate motion be taken in that regard, and we
will institutionalize it through a resolution?
Commissioner Plummer: I so move.
Vice Mayor Regalado: Second.
Mayor Carollo: There's a motion and a second. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
159 September 23, 1997
The following resolutio6s introduced by Commissioner Plumri!Cf, who moved its adoption:
RESOLUTION NO. 97-674
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO AT
LEAST DOUBLE THE AMOUNT ($1.3 MILLION) PRESENTLY ALLOCATED OF
CAPITAL IMPROVEMENT FUNDS TOWARD FIREFIGHTING EQUIPMENT FOR
THE FIRE DEPARTMENT, SAID FUNDS TO COME FROM EXCESS REVENUE
DERIVED OVER THE PROJECTED ($1.8 MILLION) SALE OF CITY PROPERTIES.
(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.
Commissioner Plummer: Now Mr. Mayor, let me...
Vice Mayor Regalado: I would like to... not to add to your motion, J.L., but I think that the Fire
Chief and the Administration should look within the department and see what can we do in order
to be more effective. I hope that with the union and the Fire Chief... because I have here the
return of some surveys that we made when the Commission assigned me in this department to
look into, and I think it's important that the structure of the City of Miami Fire Department will
be looked into. And I hope that the Fire Chief... One of the problems that employees see, and
maybe the Chief can address that, is that too many chiefs and little indians. And I was
wondering if there is a way that you can say to your people and to the people of Miami, "Well,
this is a department that we are all proud of." We are, but how can we restructure the hierarchy
of the department?
Chief Gimenez: Well, sir, I'd like to say that I am very proud of this department, and the
hierarchy... There's always room for improvement in any organization, and we'll certainly look,
with the help of the union and with the Commission, to improve the workings of the Fire
Department. But as far as there being too many chiefs, if you look at the statistics, comparing
the Miami Fire Department versus other area fire departments, our staff proportion is much
lower than our neighbors in Metro -Dade and Coral Gables, et cetera. We have fewer staff
positions, when you take a look at the organization as a whole on a percentage basis than most
other fire departments. We're a pretty lean machine right now.
Commissioner Plummer: If those Indians could run Bingo, and card games, and sell cigarettes,
we would make our budget.
Vice Mayor Regalado: Well, one question that I have, is Net 9 still under the Fire Department
budget?
Mr. Marquez: This budget anticipates the creation of a Department of Community Information,
which will incorporate... which will bring in Net 9, which will establish an in-house employee
communications, which will assist the City in getting out the word of our good works.
160 September 23, 1997
Commissioner Plummer: Mr. Manager, I...
Vice Mayor Regalado: But it's, still... are we paying...
Mr. Marquez: At the moment, it is. By October the 1st, hopefully, it will not be.
Mayor Carollo: It will not be. And certainly, by November the 5th, it will not be. I assure you
that, Commissioner.
Commissioner Plummer: Mr. Manager, as a separate aside, .1 would ask, sir, that you try and
identify a hundred thousand dollars ($100,000) from this budget, that if the City Fire Chief so
designates, that what we have seen on television of these new helmets that can see through fire
and identify people in a building, that if, in fact, in his estimation, these are worthwhile to this
community, which I feel they probably would be, sir, that you identify the funds available for
those to be purchased. Mr. Mayor, I would like...
Mayor Carollo: Not... if you make that ninety-five thousand. Ninety-five thousand...
Commissioner Plummer: If you want ninety...
Mayor Carollo: Ninety-five.
Commissioner Plummer: All right, sir. They're twenty-five thousand, so we'll take the other
five from your...
Mayor Carollo: Ninety-five. You asked for a hundred, right?
Commissioner Plummer: Sir, they're twenty-five, and I was going to, hopefully, buy four of
them. So if you want to cut it to ninety-five, see if you can work a deal for four.
Chief Gimenez: Well, actually, we've also got an organization that's trying to raise some money
to buy one. We have... We do have infrared technology right now, one camera, but we need
more.
Mayor Carollo: Well, we... the funds that are here, Commissioner, by the ninety-five thousand
that we took from Gusman, the Olympia Hall, you still got the ninety-five thousand here. So.
Commissioner Plummer: I make a motion at this time that the monies that were dedicated to
Gusman be given in reserve to the Fire Department for the purposes of purchasing... whatever
they're called, I don't know what they're called.
Chief Gimenez: Cairns -Iris.
Commissioner Plummer: Orange iris?
Chief Gimenez: Cairns -Iris.
Commissioner Plummer: That's what I said.
Mayor Carollo: Cairns -Iris.
Commissioner Plummer: Yes.
161 September 23, 1997
Chief Gimenez: Cairns -Iris.
Commissioner Plummer: But it's at your discretion, Mr. Chief.
Chief Gimenez: Yes, sir.
Commissioner Plummer: And if you feel that they are worthwhile for this community, that this
money in escrow will be taken out, and you will give the order.
Chief Gimenez: Yes, sir.
Commissioner Plummer: I so move, Mr. Mayor.
Mayor Carollo: OK. Well, we're incorporating that into the total description of revenues,
department reductions...
Commissioner Plummer: OK, fine.
Mayor Carollo: ... and additional expenses where those monies will be going to. OK, there's a
motion by Commissioner Plummer, based on what I presented, minus the Gusman/Olympia
dollars that will be going to the Fire Department for the special helmets.
Commissioner Plummer: So moved.
Mayor Carollo: There's a motion by Commissioner Plummer.
Commissioner Gibson: Second.
Mayor Carollo: Second by Commissioner Gibson. Discussion?
Vice Mayor Regalado: Yeah, Mr. Mayor. I would... Of course, I'm ready to vote, and vote in
the affirmative, but I think that if... When we go along tonight, we should not say in that
motion... I don't know if we're saying that's the money from Gusman/Olympia. I think that
there are areas in the budget that we can take some money and help the Gusman. And the reason
is that we're trying to bring back downtown of Miami. We...
Mayor Carollo: Commissioner, if I may interrupt you for a moment to make it easier. I said
here publicly that the minute we're done, I'll meet with them. I'm going to take them
somewhere else...
Vice Mayor Regalado: It's fine with me.
Mayor Carollo: ... where we could make up this ninety-five, maybe a little more, but the whole
one hundred and ninety that they want, we cannot make it up. In fact, all the times that I've
talked to people from Gusman, at no time was I ever told that they needed a hundred and ninety
thousand for this fiscal year. It was more in tune to the eighty, ninety thousand range. And now,
it's double. And, you know, if we approve it blank, it's going to keep going up, and up, and up.
And Commissioner Plummer brought up to remind this Commission that there had been a
previous resolution.
Vice Mayor Regalado: I understand that.
Mayor Carollo: Obviously, many of us were not here at the time, and that could be revisited in
the future. But I think that in such a tough year, he is correct. We will find the ninety-five
162 September 23, 1997
thousand dollars ($95,000) from another one of our agencies, and, you know, we will work with
them to help them acquire the additional dollars.
Vice Mayor Regalado: I have no problem and...
Commissioner Plummer: Are we selling the Artime? Is that for sale?
Vice Mayor Regalado: I just wanted to make sure that we would not close all the options on that
issue.
Mayor Carollo: Nope. You're right, and we're not.
Vice Mayor Regalado: All right.
Mayor Carollo: And we're not. Commissioner Gort?
Commissioner Gort: Well, following the safety, I understand, but at the same time, if we have
any additional funds, I think we need to look into our parks. We need to make some
improvements in our Parks Department.
Commissioner Plummer: Oh, that's for sure.
Mayor Carollo: That's where... We're going to be looking at some of our other agencies that in
the past were spending the dollars in parks in other areas of town, not in the City of Miami. And
that's what we're going to be looking at, some sponsors that I have been talking to that are going
to be willing to spend dollars in our park system. I think we could put a reasonable package
together that can alleviate the need that we have in our parks, in addition to what we place in the
budget this year.
Commissioner Plummer: Mostly equipment.
Mayor Carollo: Hearing no further discussion on this resolution, all in favor, signify by saying
"aye."
The Commission (Collectively): Aye.
Mayor Carollo: So this will be incorporated...
Commissioner Plummer: In the regular.
Mayor Carollo: ... into the budget that we're going to further discuss, once it's approved, Mr.
Manager.
163 September 23, 1997
•
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-675
A MOTION INSTRUCTING THE CITY MANAGER TO IDENTIFY $95,000 FROM
THE ADOPTED 1997-1988 CITY OF MIAMI BUDGET FOR THE PURCHASE OF
CAIRNS -IRIS INFRA RED FIRE HELMETS WHICH ARE ABLE TO SEE
THROUGH FIRE AND SMOKE IN ORDER TO RESCUE PEOPLE TRAPPED
INSIDE BURNING BUILDINGS, SAID FUNDS TO COME FROM PROPOSED FY
'97-98 REDUCTIONS OR ADDITIONAL REVENUES AS SET FORTH BELOW;
FURTHER APPROVING TOTAL CHANGES TO THE PROPOSED CITY OF MIAMI
BUDGET AS FOLLOWS:
REVENUES AMOUNT
CDBG FUNDS $ 900,000
RESERVE $1,360,000
MAJOR LEAGUE SOCCER ($800,000)
INTEREST $ 100,000
TOTAL REVENUES:
$1,560,000
DEPARTMENTAL REDUCTIONS
EXECUTIVE OFFICES (MAYOR/MANAGER) $ 219,838
BUDGET OFFICE $ 109,709
CITYWIDE OPERATING $ 500,000
TOTAL REDUCTIONS $ 829,547
EXPENDITURES
GESE PENSION
$
461,779
FIPO PENSION
$
204,257
CAIRNS -IRIS FIRE HELMETS
$
095.000
COMMERCIAL CODE COMPLIANCE
$
650,000
COMMISSIONERS OPERATING
$
170,176
CITY HALL RENOVATIONS
$
182,500
RECYCLING
$
358,588
WEEKLY TRASH PICKUP
$
267,247
TOTAL EXPENSES $2,389,547
DIFFERENCE ($0)
164 September 23, 1997
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.
Mr. Marquez: Mr. Mayor, at some point, I would like to ask that we restate exactly what you're
doing in a little bit more "legaleese," between Dipak and myself, just to make sure we have all of
the bases covered, but the intent is clear.
Mayor Carollo: OK. I'll go down the list again, so that we have it clear. Description of
revenues that we were going to have in the budget as a surplus: Nine hundred thousand dollars
($900,000) from CDBG funds. We had one million three hundred and sixty thousand as a
reserve. One hundred thousand in interest on the one million eight hundred thousand that we're
putting aside as a real reserve, and that's been left over from land sales. It's a million five
hundred sixty thousand. In addition to that, we're going to combine the offices of the Manager
and Mayor into executive offices of the Mayor and Manager, for an additional savings of two
hundred and nineteen thousand eight hundred and thirty eight dollars ($219,838). We're going
to cut from the budget office a hundred and nine thousand seven hundred and nine dollars
($109,709), and cut out of Citywide operations some unclassified other areas that we still needed
to cut from, five hundred thousand dollars ($500,000), for a total of two million three hundred
and eighty-nine thousand five hundred forty-seven dollars ($2,389,547). Now, where is that
money going to be allocated to? Again, to the GESE (General Employees and Sanitation
Employees) Pension, four hundred and sixty-one thousand seven hundred and seventy-nine
dollars ($461,779); to the FIPO (Fire and Police) Pension Board, two hundred and four thousand
two hundred and fifty-seven dollars ($204,257). Those are monies that we had taken from them.
We're putting it back. Ninety-five thousand to the Fire Department for the special firefighting
helmets; six hundred and fifty thousand that will go to the Commercial Code Compliance, that
will help City residents in commercial properties get up to code, those that have or might have
problems; a hundred seventy thousand one hundred and seventy-six dollars ($170,176) to the
new office of an additional Commissioner; a hundred and eighty-two thousand five hundred
dollars ($182,500) to City Hall renovations. As we all know, this building is a wonderful
historic building, but very little money has been put into renovating this building. This is a very
small amount of dollars for what we still need to do. I am going to name a chairman in the next
several weeks for... to lead a fund-raising blue ribbon committee to acquire the additional funds
that we need to bring this historic City Hall, that at one time was the terminal for Pan American
Airlines, back to the glory that it once had.
Vice Mayor Regalado: But don't call it blue ribbon.
Commissioner Plummer: Don't call it blue ribbon.
Vice Mayor Regalado: Yeah.
Mayor Carollo: Well, give me another color, except red.
165 September 23, 1997
C
•
Commissioner Plummer: Call it a green ribbon, since you're trying to raise dollars.
Mayor Carollo: Recycling, we will institute the recycling back for three hundred and fifty-eight
thousand five hundred and eighty-eight dollars ($358,588), and the weekly trash pickup, instead
of monthly, for two hundred sixty-seven thousand two hundred and forty-seven dollars
($267,247). And that comes to the same two million three hundred and eighty-nine thousand
five hundred and forty-seven dollars ($2,389,547) that we had in additional revenues and in
departmental reductions.
Mr. Marquez: Mr. Mayor, in total agreement with the dollar amounts that you've specified for
purposes of tracking things, the one point eight million dollars ($1.8 million) that we are
showing as reserve, that's going to earn the interest monies, should be shown both as a revenue
and an expense item, for purposes of the budget. The City Commission's also directing us to
incorporate what was in that last memo from last week; basically, that we are substituting the
sale of Lot 10 for the police substation, so that I can correct the five-year plan.
Mayor Carollo: Correct.
Mr. Marquez: We're also moving monies that were previously...
Vice Mayor Regalado: Excuse me, Ed. Just not to make any mistake or misunderstanding,
when we talk about the police substation, we are not talking about the police substation in
Flagler and 22nd.
Commisisoner Plummer: Twelve and 12.
Vice Mayor Regalado: We are talking about what they call the old Municipal Building.
Mayor Carollo: No, no, no. We're talking about the one on Flagler.
Vice Mayor Regalado: OK. So...
Mayor Carollo: We're just substituting dollars for one sale to another.
Vice Mayor Regalado: No, no, but when we before talked about that, we call it... J.L. called it
the old police station because it was the old police station.
Commissioner Plummer: 1175 Northwest 12th Avenue.
Vice Mayor Regalado: That's right. But what I'm saying is that just to clarify, the substation is
not for sale.
Mr. Marquez: Correct.
Mayor Carollo: The substation is not for sale.
Commissioner Plummer: Not this year.
Vice Mayor Regalado: All right.
Mr. Marquez: And that's... By this action, we're making that absolutely clear, and we're
substituting something else for it.
Vice Mayor Regalado: All right.
166 September 23, 1997
Mr. Marquez: The final item from the last... from the memo from last week deals with legal
support. We're moving monies from... renegotiating our labor contracts into more generic legal
uses within the City Attorney's Office for legal support...
Mayor Carollo: That was stated and made clear last week.
Commissioner Plummer: Mr. Mayor, I'm voting for this. But, Mr. Manager, I would like to see
a breakdown of half a million dollars in Citywide operation reductions, and I'd like to know
where you anticipate those coming from. I might have disagreement on that, but I'll vote for the
overall scenario as proffered by the Mayor.
Mayor Carollo: OK. He voted upon it already. What we have to do now is... We voted to
incorporate it into the budget. What we have to do is vote for the budget again on second
reading. Before we...
Vice Mayor Regalado: Mr. Mayor, before we vote, there's something that troubles me. It's the
fact that we keep going out of the City to alleviate a situation of equipment. For instance, how
much money do we spend in sending the vehicles of the City outside of our service area to be
fixed and do we have... Maybe Chief Rollason can tell us. I understand that we need or were
considering sending some communication equipment to - Motorola, is it? - or any other company
to be fixed. Why cannot we use our facilities, the GSA (General Services Administration)
facilities to fix garbage trucks? I know that we're sending garbage trucks out of the City garage.
And the reason I'm doing this is because I think that in the long run or in the short run, it will be
cheaper to have mechanics and personnel, and not send out of our house all this equipment.
Mayor Carollo: I had a long talk with the Manager on that the other day, and I think they're
beginning to understand what you just described, because that is exactly what I was talking to
them about. But if maybe we could either schedule that for another meeting or you could talk to
them again, Commissioner, because...
Vice Mayor Regalado: I can do that. It's just...
Mayor Carollo: ... there's a lot of people that are waiting here for other items. We still have to
let the public speak. I don't know how many people would like to address us on this budget
today, and it's almost six -thirty.
Vice Mayor Regalado: I have no problem. I'm just mentioning this because I think that, yes, we
have a culture of trying to resolve the situation by sending equipment out of the City, but I think
that we are doubling our efforts, because we do have very capable personnel to do this. And I
wish that Chief Rollason will tell me about the communication equipment that we're planning to
send out, if we are.
Chief Frank Rollason (Director, General Services Administration): We are. And let me give
you a real brief scenario on that.
Vice Mayor Regalado: You can tell me some other day.
Chief Rollason: OK.
Vice Mayor Regalado: But I just want to make that point.
Commissioner Plummer: Mr. Manager, the FEC property sale to the County, I read in the paper
the other day, and my real quick question is, is that part of this year's budget, the revenues
derived from the sale?
167 September 23, 1997
Mr. Marquez: No, sir.
Mayor Carollo: No, sir.
Commissioner Plummer: OK. Because I would like a memo from you about what I read in the
paper about some serious environmental problems that have surfaced, that I have nothing from
my Administration telling me, other than an article that I read in the paper, that there's some
serious environmental problems.
Mayor Carollo: That's not what the article said.
Mr. Marquez: The article... the article is... Well, the article was talking about they drilled holes
for environmental testing. They ran into an old pier that has...
(UNINTELLIGIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Marquez: ... on it. Everyone is telling us...
Commissioner Plummer: Sir, I'm not going to take up the time, just send me a memo...
Mr. Marquez: There is no environmental problem.
Commissioner Plummer: Send me a memo; and tell me what you know about the environmental
problems. If they're not, then say so.
Mayor Carollo: Now, if we could open it to the public section of the meeting. Anyone from the
public that would like to address this body to discuss the budget that has been presented on
second reading today, or any parts of it, is welcome to address this Commission, and each person
will have two minutes in which to address this Commission. Mr. Cruz.
Mr. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. It's very hard to condensate in
two minutes. After all, you've been speaking for more than an hour. And we own the City. We
are the shareholders of the City. Please disconnect the TV, Net 9, because it's not any more Net
9. It's called WJLP-TV. Now...
Commissioner Plummer: I think that's an excellent name for it.
Mr. Cruz: Right, OK. This morning... You know, you don't read your own paper here. They
say any person who seeks to address the City Commission on any item appearing in the
following portion of the agenda, consent agenda, blah, blah, blah. It say, can go in front and give
their name to the City Clerk, and speak, and will be recognized by the clerk. It doesn't say
anything about the TV, or ego trips, or whatever is. You're going to be specific, because I don't
like that. I don't like what you said. Because I come here before TV, and this is my 22 years
coming here for the budget. And I don't know why you said it or why, but I... to me it was
directly to me. I don't like it. Let's go to the budget. One of the things I'm going to say is that
one thing we can save money, if we stop using money here for guaranteeing, like the LeJeune
Golf Course, Melreese, over three million dollars ($3,000,000). That money could be used in a
lot of things here. Right? Street, parks. Like I told, Sewell Park is closed. Sewell Park is
closed. Why don't we use the money there? Right? And I don't mind paying a little more of
the three point thirty-third if the money goes to the parks. I have nothing against City Fire
Department and Police Department. I saw them working at 1265 Northwest 22 Street a few
weeks ago. I saw all of them working all kind of nights, early morning, I saw them there. I saw
Chief Carlos Gimenez there. I saw Chief Williams there. I saw Chief Warshaw down there, too,
168 September 23, 1997
•
•
which was fine, because that was about one of the few times they came to our neighborhood.
Right. And another... fine. That's all right. I don't need to... Maybe later on I will have more
time. Maybe come November, I will have more time to speak.
Mayor Carollo: Mr. Goenaga?
Mr. Manuel Gonzalez-Goenaga: I won't even mention my name, because my two minutes
would be up. Let me tell you, if I really question this management, you are going be
embarrassed. Unless I'm given additional time, I am just going to make a quote, because I could
put my hat as a financier, but I'm just going to make a quote that Mister... the ex -Mayor of
Miami, although he never paid attention to it, Mr. Suarez, he wrote it down. It's a quote by
Trudeau. If a man does not keep pace with his companions, perhaps it's because he hears a
different drummer. Let him speak to the music he hears, no matter how measured or far away."
Thank you. If you want me to criticize this budget, it's very simple. Lower the salaries. Make it
reasonable with the poorest, poorest City in the United States and the one that best pays it's
employees. "Babies, do you know how to play this game?" Casey Stengal said that to the
original Mets. After seven years, they won the World Series. This way, we're never going to
win in Miami.
Mr. Albio Castillo: All I need is two minutes, because I have come here for 23 years, and I'd
like to know... Mr. Mayor, you forgot to mention... one thing in your suggestion was very good.
It is the Code Enforcement Board, which there is about a hundred and twenty to a hundred and
fifty million dollars ($150,000,000). That has been going on since two Administrations and
check and balance. Problem is, the City Attorney has not spoken to a degree with the City
Manager. I'd like to know what is going to be done about that, because that's half of your
budget right there.
Mayor Carollo: Mr. City Attorney, could you schedule a meeting with him or have someone on
your staff do that?
A. Quinn Jones, III, Esq. (City Attorney): Be glad to.
Mayor Carollo: Thank you. Real briefly, the amounts that you have that are outstanding are not
all real amounts. There's money there that we can collect.
Mr. Castillo: Thank you.
Mayor Carollo: But the huge figures that you hear are not real because sometimes, you have
homes that maybe are worth, or lots...
Mr. Castillo: Sixty thousand dollars ($60,000)...
Mayor Carollo: ... sixty thousand, and it's got...
Mr. Castillo: ... and you couldn't collect on that. I'm aware of that.
Mayor Carollo: ... and it's got a lien that's for half a million dollars. So, you know you... On
paper, it looks good, but in reality, it's not. And particularly when they're homesteads, you can't
do anything on it now.
Mr. Castillo: No, I understand that. But I also...
Mayor Carollo: But your point is well taken.
169 September 23, 1997
Mr. Castillo: Thank you. What I also would like to know is, when are going to have a so-called
workable motor pool to fix police cars?
Mayor Carollo: I think we've gone a long way on that from what it used to be.
Mr. Castillo: I know, because they sold it to Jackson Memorial Hospital, too, for part of it.
Mayor Carollo: No, we have one now that's very workable.
Mr. Castillo: Really? It's about time.
Mayor Carollo: Thank you.
Mr. Castillo: I still got enough time. I also like know to
minutes is not out. I'd like to know, also, there is about like..
organizations doing the same thing. Can that be cut down
work in a community, like civil service aides, you know?
Mr. Marquez: I believe you are referring to...
Mr. Castillo: Block grants.
is, since I still have two... my two
Once in awhile the grants, like 11
to maybe three or four that could
Mr. Marquez: Well, CDBG areas, neighborhood CBOs (community -based organizations) that
are doing the same type of service in different...
Mr. Castillo: Right, yeah.
Mr. Marquez: We're using people from the neighborhoods, which has always been a good
practice.
Mr. Castillo: So you have cut down on that, somewhat. Thank you.
Mr. Jay Grossman: Good afternoon, Mr. Mayor, Honorable Commissioners. I'd like to speak in
favor of your consideration of increasing the budget for Parks and Recreation Department. I
think that the... We have worked very closely in my district, which is the Cliff Hammock
District, with Mr. Ruder, who's done a great job. And we believe that this money will go very
far in terms of helping restore the City, and getting children off the streets, and getting new
improvements that are so sorely needed, as you all know. That's what I'd like to say. Thank
you.
Vice Mayor Regalado: Mr. Mayor, if I may. On the parks issue, Sewell Park has been
mentioned twice here today, and we are supposed to visit that park, the Manager and I, in the
next days. Bob knows about it, because I've showed it to him. And we understand that the
Parks Department will be using some of the bond money to fix most of the parks in the City of
Miami. And we're very proud that we can bring the best image that we can have to the parks of
the City of Miami. But still, we need some money for personnel. There are people who
complain about parks not having an attendant during Sundays, or the restrooms are closed on
Saturdays and Sundays. So I... Besides the physical construction, we should look, not for much,
but for something in order to expand on the facilities that we have now, and that will be much
better come next year, according to the plans that we were told would start being implemented
on October or November of this year. But Sewell Park is one of the most beautiful parks, which
now is abandoned. To go into that park, you have to jump a fence, which everybody does. I did.
I have visited all the parks, all the parks in the City of Miami, and I think that Sewell Park could
be an asset to the City.
170 September 23, 1997
Commissioner Plummer: A hundred and thirty.
Mayor Carollo: "Mas o menos."
Commissioner Plummer: Yeah. Well, you know, I brought out a long time ago... and Mr.
Manager, I would hope we could further pursue. We've got parks in this City, I think it's a
hundred and thirty some in number, and some of them are a postage stamp. And we talked about
before of taking some of these parks that are absolutely of no value, they're nothing but a
maintenance problem, and selling them, putting them back on the tax rolls, and take the money
that we derive from the sale of these postage stamps and upgrade the... half of the parks that
we've got would be a tremendous asset. You know, if you asked half of the people in this town,
"Where is Steele Park?" they don't know where Steele Park is, and they go by it every day. Phil,
do you know where Steele Park is? Right in front of Chateaubleu. And the only thing it's used
for is a dog run. You know where Lincoln Park is? Who knows where Lincoln Park is?
Nobody. OK, it's right here in Coconut Grove. Lincoln Park is right there. It's used for a dog
run. That's all it's used for. We could sell that property, put something on the tax roll, and use
that money to upgrade the parks that are absolutely used day by day by people. And I just...
Vice Mayor Regalado: But we even have a non -park, an empty lot that we call a park, and it's in
the Roads section, and we don't do anything with it. We haven't done anything at all in the past
years that... Do you know... Where is that...
Unidentified Speaker: Bill Walford (phonetic).
Commissioner Plummer: Huh?
Unidentified Speaker: Bill Walford Park.
Commissioner Plummer: Bill Walford Park, yeah. That was a grand thing that was sought by
this City Commission, who the people of that area brought into here. It was a problem with
those two apartment houses that were absolutely horrible, which they wanted us to buy them and
turn them into a park. You know, that was always the case around the City for years. If you had
something that was a problem, get the City to buy it, turn it into a park and there's no more
problem. Well, we're overrun with them.
Mayor Carollo: All right, gentlemen, let's get to the bottom line. Where's the beet"? Let's put
some beef into it.
Commissioner Plummer: Excuse me. There's a gentleman who wants to speak.
Mayor Carollo: Before they do, we had mentioned before putting monies into the park system.
We said we were going to wait until November, December, see what comes, and we'll put more
into it. I'll be happy to identify one area that we're going to have money. If you like, we could
make a resolution that will identify all the extra monies that will come from there that can go
into the parks. The Orange Bowl. For this coming fiscal year, we should be getting a substantial
extra amount than anything that we have now on the Orange Bowl in extra revenues. Then we
could use that revenue towards the parks of the City of Miami.
Commissioner Plummer: Second the motion.
Mayor Carollo: There's a motion by Commissioner Plummer.
Commissioner Gort: Second.
171 September 23, 1997
Mayor Carollo: Second by Commissioner Gort that all the extra funds beyond what's in the
budget that would come from the Orange Bowl; could be given to the general fund to be used for
the parks of the City of Miami.
Vice Mayor Regalado: But, Mr. Mayor, but for employee purpose.
Commissioner Plummer: For operating, not for maintenance.
Mr. Marquez: Operating purpose. Mr. Mayor, may I ask that this be, again, a motion and a
separate resolution apart from the budget ordinance?
Commissioner Plummer: We just did.
Mayor Carollo: Well, yeah. This is separate. That's what I'm doing now. That's exactly it,
yeah.
Mr. Marquez: Then we will come back to you at a future time.
Mayor Carollo: So there's a motion, there's a second. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-676
A MOTION DIRECTING THE CITY MANAGER TO EARMARK ALL SURPLUS
ABOVE THE FISCAL YEAR 1997-1998 APPROPRIATION THAT MAY BE
RECEIVED AS REVENUES EXPECTED TO BE DERIVED FROM EVENTS AT
THE ORANGE BOWL, FOR OPERATIONS OF CITY PARKS.
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
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mayor Carollo: Dena?
Commissioner Plummer: I think it should be noted, because a lot of people don't know... Mr.
Ruder, this first year out of the bond issue, how much money is the City getting for improvement
of parks?
Mr. Alberto Ruder (Director, Asset Management): Seven point eight million.
Commissioner Plummer: That's... A lot of people don't know that. OK? And overall, from the
entire bond issue, how much are we getting?
172 September 23, 1997
Mr. Ruder: Twenty-one point six seven... over twenty-one.
Commissioner Plummer: We're not getting our fair share, but we're getting money.
Mayor Carollo: Christina? Is she still here or not or... did she go? Christina, can you come up,
please? What is the approximate amount that we will be getting from the Orange Bowl, when
we bring that professional team?
Ms. Christina Abrams (Director, Public Facilities): I believe we estimate it at six hundred
thousand.
Mayor Carollo: That's for the ten games?
Ms. Abrams: Ten games.
Mayor Carollo: OK. But that's six hundred thousand solid. That does not include the naming
rights that...
Ms. Abrams: No.
Mayor Carollo: ... we're going to negotiate that ourselves.
Ms. Abrams: Correct.
Mayor Carollo: And based upon the offers that we've had already, it's at least another three
hundred thousand dollars ($300,000) minimum that we'll get for naming rights.
Ms. Abrams: Yes.
Mayor Carollo: Even though I think we've had some offers up to four hundred thousand that
were coming in.
Ms. Abrams: We've gotten... We've had preliminary discussions of as high as six hundred
thousand, but we would, of course, give incentive to whoever brings us that agreement.
Mayor Carollo: Yeah, but that was... and some splits. So it could be anywhere from three to
four hundred thousand dollars ($400,000) that we receive in naming rights for the Orange Bowl
beyond...
Commissioner Plummer: What's naming rights?
Mayor Carollo: Naming rights that... It's like in the...
Commissioner Plummer: You're not changing the name of the Orange Bowl.
Mayor Carollo: No, of course not. Of course not. It'll always be the Orange Bowl...
Commissioner Plummer: OK.
Mayor Carollo: But it'll be the...
Commissioner Gort: The J.L. Orange Bowl.
173 September 23, 1997
Mayor Carollo: Yeah, J.L. Plummer Orange Bowl of Miami.
Commissioner Plummer: J.L. Plummer is as old the Orange Bowl, and been around that long.
Mayor Carollo: For the right price, we'll even bury you at the fifty yard line.
Commissioner Plummer: That's right. Absolutely. No, I just... No way you're going to change
the name of that Orange Bowl.
Mayor Carollo: Of course not. Of course not.
Commissioner Plummer: OK. All right, where's the beef?
Mayor Carollo: That was the beef.
Commissioner Plummer: All right.
Mayor Carollo: Real money. Now, if we can go back. Mr. Reed, I believe you were next.
Mr. "C.C." Reed: He was first.
Mayor Carollo: He was next? Very good. Sir? Thank you.
Mr. Bobby Gusman: Thank you. Good evening, Mayor and Commissioners. My name is
Bobby Gusman, 25 Southeast 2nd Avenue, Downtown Miami. I'm here tonight to represent the
Friends of Gusman, which is the supporting fund-raising arm for the Friends of Gusman... for the
theater, excuse me. I've sat here and heard some things tonight regarding the theater and what
may happen in the future. Commissioner Regalado, you were exactly correct regarding
downtown, that Gusman is basically downtown at night right now. And to close that would be
just unthinkable. I couldn't imagine...
Mayor Carollo: We won't, Bobby, I assure you.
Commissioner Plummer: No one ever said...
Mr. Gusman: OK. And I...
Mayor Carollo: It will not happen.
Commissioner Plummer: No one ever said to close it. What we're saying is that the City can no
longer subsidize it.
Mr. Gusman: OK. I under...
Commissioner Plummer: That is the name of the game.
Mr. Gusman: To let you all know as well that the... again, the Friends of Gusman within the
next year will be taking... Hopefully, we'll be discussing with you all, as well, the... taking over
the theater, if you would, the operating management of the theater, which should help us raise
funds as well right now. As you know, it's been very difficult. So we're asking for your support
for this year, and this year only, basically, to get us out of this growth. I know we've heard that
before, but...
Commissioner Plummer: Well, the Mayor has said he's identified another source, which is no
big secret, and I'm not going to fight that. OK?
174 September 23, 1997
Mayor Carollo: We'll sit down on that one, and I. assure you it will be all right. But for the extra
amount of a hundred and ninety thousand, that was the full amount you brought to us this year,
we can't take all of that. We're all going to have to work together for some additional fund-
raising to get the difference.
Mr. Gusman: OK. As long as...
Commissioner Gort: But let me ask you a question. In the projections in this year's budget, you
didn't have anything from the... revenues from the Friends of Gusman.
Mr. Gusman: No, we didn't, which, obviously, could come out of that hundred and ninety. We
weren't depending on it, again, because we were starting a... we're starting the Friends all over,
if you would. So it's a starting growth for us.
Commissioner Gort: OK.
Mayor Carollo: OK. Well, Gusman is a very important part of the City of Miami, and a very
important part of Downtown Miami.
Mr. Gusman: Absolutely. Absolutely.
Commissioner Plummer: Yeah. It's just that we can't afford it.
Mayor Carollo: It's one of the few places that has a lot of history, a lot of tradition that we have
left in Miami.
Mr. Gusman: Right.
Mayor Carollo: And, you know, I assure you that we will not let that particular theater be
closed.
Mr. Gusman: OK. Then I look forward to looking with you.
Mayor Carollo: Thank you. Mr. Reed.
Mr. C.C. Reed: "Hola," hello, "bon jour..."
(UNINTELLIGIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Reed: Concerned citizens, taxpayers, City of Miami employees, Mr. Joe Carollo, Ms.
Thelma Gibson and gentlemen of the City of Miami Commission, my name is Mr. "C.C." Reed,
representing the thousands of Americans who voted on July 23, 1996, for "C.C." Reed. Our
address is 1601 Northwest 1st Court, Number 201, Overtown Miami, Dade County, Florida,
33136. Our worldwide web site is www.ccreed.com. We have come this far by faith. This
government has been created to protect the governed and not the governing. As a concerned
citizen for 39 years, a taxpayer for 35 years, and a registered voter who has exercised the right to
vote for 21 years, congratulations to the members of the Citywide Community Development
Advisory Board, and to the members of the other boards. Each Net office should be available to
welcome visitors to our various communities. We can provide tours for all tourists. We don't
need to wait for President Clinton to visit us. It's time to come clean. Please respect the ground
what God Almighty gave us to walk on. Stop throwing trash and garbage on the ground, please.
Enough is enough. Do we all have the same book, this book that I have? Do we?
175 September 23, 1997
Commissioner Plummer: I do.
Mr. Reed: Oh. Thank you, sir. Please make the following corrections: On the second page,
please remove the picture and the name of Humberto Hernandez and replace it with
Commissioner Thelma Gibson's beautiful picture. Please recognize the fact that ladies are first.
On page 6, in the very last paragraph, please take out the name of Humberto Hernandez and add
in Commissioner Thelma Gibson. Don't forget to respect your elders.
Commissioner Gort: That's been done already. That's been done already.
Mr. Reed: Roman number fourteen. Inside of City of Miami fiscal year 1998 Table of
Organizations, the Executive Mayor position needs to be added between the poor residents of
Miami and the City Commission.
Mayor Carollo: Mr. Reed, you're now almost a minute over your time. We appreciate your...
Mr. Reed: Hello. One minute, please. On page 24, please correct the third sentence, quote...
Mayor Carollo: Mr. Reed, thank you, sir. We appreciate your input. Mr. Manager, can you
clarify why these budget books do not have the picture of Commissioner Gibson? My
understanding is they were published...
Commissioner Plummer: Prior to.
Mayor Carollo: ... while Commissioner Hernandez was still here.
Mr. Marquez: Absolutely.
Mayor Carollo: And in no way was this trying to not have Commissioner Gibson's picture there.
On the contrary, it was only because they were published before she was appointed to the
Commission.
Mr. Marquez: You're absolutely correct, Mr. Mayor. In fact, we are republishing... After
tonight's actions, we will be republishing this document in a final format...
Mayor Carollo: OK. In the final format, of course, her picture will certainly be there.
Mr. Marquez: Absolutely.
Mayor Carollo: Thank you for bringing it up to us again. If you could give them to someone in
the Administration, they'll be happy to take them from you. Thank you, sir. Anyone else that
would like to address this Commission on any matters pertaining to the budget that will be
approved on second reading tonight for next fiscal year?
Commissioner Plummer: Where's the beet"?
Mayor Carollo: Hearing no one else that wants to come up, then the public hearing section of
this public budget hearing is now closed.
176 September 23, 1997
----------------------------------------------------------------------------------------------------------------
69. PROPOSED SECOND READING ORDINANCE: DEFINE / DESIGNATE
TERRITORIAL LIMITS -- FOR TAXATION / FIXING MILLAGE / LEVYING
TAXES IN CITY -- FOR FISCAL YEAR 1997-1998.
Mayor Carollo: Is there a motion on item 39... Well, actually it's on a second reading
ordinance, on item 39-A.
A. Quinn Jones, III, Esq. (City Attorney): As relates to the millage. First item.
Mayor Carollo: As relates to the millage.
Commissioner Plummer: I moved it before, I move it again.
Mr. Jones: OK.
Mayor Carollo: It's been moved by Commissioner Plummer.
Vice Mayor Regalado: Second.
Mayor Carollo: Second by Vice Mayor Regalado.
Mr. Jones: OK.
Mayor Carollo: Can you read the Ordinance, please?
Mr. Jones: Yes.
Mayor Carollo: Before you call the roll call, I'd like to verify from the City Manager if we
included everything that we needed to include before this is adopted. Mr. Reed, can you let him
take the mike, please? Thank you.
Mr. Dipak Parekh (Director, Budget and Management Analysis): Mayor, with reference to the
debt service obligation, there is a possibility of reducing the millage from 1.9200 to 1.9000,
which would give the residents of Miami...
Mayor Carollo: Which would be even less than what we had approved before.
Mr. Parekh: Absolutely, sir.
Mayor Carollo: We had lowered the millage overall in the City of Miami by 1.6 percent in the
first reading.
Mr. Parekh: Yes, sir. Right.
Mayor Carollo: There is a possibility but if... you're saying because of the additional bonds
sales that we will have on the arena sight?
Mr. Parekh: That, together with better interest rates, as well as better reserves, which we have
been building up this fiscal year. That will go into next fiscal year, as well.
177 September 23, 1997
Mayor Carollo: Well, what do you suggest we do, then? Should we adopt the one that is before
us now, that's lower, lowering it by 1.6, or should we adopt the one that you suggested? I want
the Manager to give his input.
Commissioner Plummer: No. I think we must keep in mind, Mr. Mayor...
Mayor Carollo: Well, by law... We got to go with what the law says, J.L.
Commissioner Plummer: I understand that, sir, but I think once you reduce it, you cannot up it.
Mayor Carollo: Exactly, you cannot up it. That's why we have to go by what the law says.
Commissioner Plummer: So I would not want to reduce it at this time.
Mr. Edward Marquez (City Manager): That's where the Management would be at.
Commissioner Plummer: I would rather stay where we are. We can always reduce it at a later
time. But once you reduce it, you can't go back.
Mayor Carollo: You cannot go up, that's correct.
Commissioner Plummer: And if we had a problem...
Mayor Carollo: That is correct. Yeah.
Commissioner Plummer: I would be extremely careful.
Mayor Carollo: Yeah, that's correct.
Mr. Marquez: And that would be the Management's recommendation.
Mayor Carollo: OK. All right. That's your recommendation. OK.
Commissioner Plummer: The Manager don't vote. I do.
Mayor Carollo: So we don't have to make any additional changes from what the City Attorney
has read. OK. We thank you for that input, anyway. It's good to know that. And this is the best
way of doing it, discussing it out in the open like this. For the record, we have lowered what
each property owner will be paying in taxes in the City by 1.6 percent. And while that might not
sound like a lot...
Commissioner Plummer: How come I'm paying more tax?
Mayor Carollo: ... having faced the worst financial crisis that this City has had in its entire 101
years...
Commissioner Plummer: How come I'm having to pay more taxes?
Mayor Carollo: ... it's a significant amount.
Commissioner Plummer: My house didn't make no more money.
178 September 23, 1997
•
Mayor Carollo: So for those that are out there putting commercials and saying other things
beyond that there was no deficit, and are saying now that we're raising the taxes, they've been
lowered by 1.6 percent. Can you call the roll, please?
Commissioner Plummer: As my father used to say, "How come you're lowering the taxes, you
tell me, and I'm paying more?"
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.
passed on its first reading, by title, at the meeting of September 9, 1998, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Plummer, seconded by Vice Mayor Regalado, the ordinance was thereupon given its
second and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11552.
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.
----------------------------------------------------------------------------------------------------------------
70. PROPOSED SECOND READING ORDINANCE: MAKE APPROPRIATIONS
FOR FISCAL YEAR ENDING SEPTEMBER 1998.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Item 40, I move.
Mayor Carollo: "B," "B," "B." We got "B."
A. Quinn Jones, III, Esq. (City Attorney): Second item, Mr. Mayor.
Mayor Carollo: Yeah.
Mr. Jones: You need a motion and a second.
Commissioner Plummer: 39-13, I move.
179 September 23, 1997
Commissioner Gibson: I second.
Mayor Carollo: Moved by Commissioner Plummer, second by Commissioner Gibson.
An Ordinance entitled -
AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 1998, CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
passed on its first reading, by title, at the meeting of September 9, 1997, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Gibson, the ordinance was thereupon given its
second and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11553.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
71. PROPOSED SECOND READING ORDINANCE: DESIGNATE
TERRITORIAL LIMITS OF DOWNTOWN DEVELOPMENT DISTRICT OF
CITY -- FOR FIXING MILLAGE / LEVYING TAXES FOR FISCAL YEAR
1997-1998.
Commissioner Plummer: We got to do C?
A. Quinn Jones, III, Esq. (City Attorney): No, number 40.
Mayor Carollo: OK. We're now on item 40.
Commissioner Plummer: Move it.
Commissioner Gort: Move it.
Commissioner Plummer: Second.
Mayor Carollo: It's been moved and seconded. Any further discussion from this Commission?
This has to do with the millage rate and budget for the Downtown Development Authority.
180 September 23, 1997
Mr. Jones: For DDA.
Commissioner Plummer: I thought we were eliminating that.
Mayor Carollo: OK. Hearing no discussion by the Commission, anyone from the public that
would like to address this body on the millage rate and tentative budget for the Downtown
Development Authority has two minutes to do so now. Mr. Reed, would you like to address us
on the Downtown Development Authority?
Mr. Reed: Yes, sir. Yes.
Mayor Carollo: And the budget of the Downtown Development Authority only.
Mr. Reed: You don't have to keep repeating it, sir. I hear you loud and clear.
Mayor Carollo: Thank you, sir. I hear you, too.
Mr. Reed: Thank you. Now, time out. If our benefit is your primary concern, then educate us
poor taxpayers. We would never forget our history. If you can read and you can see, it is our
time for unity and to do for ourselves, our children and our communities. Keep on laughing. Do
you really think it's a game? We are serious. Some residents of the City of Miami are very lost
and confused. Some like to know about the recovery of the so-called sixty-eight million dollar
($68,000,000) deficit. There are bounty hunters and tax collectors available right this very
second. Hello.
Commissioner Plummer: Hello?
Mr. Reed: How long was that?
Commissioner Plummer: That's it?
Mr. Reed: That's it. Hello.
Commissioner Plummer: Call the roll.
Mayor Carollo: Thank you very much.
Mr. Jones: Let me read the ordinance.
Mayor Carollo: Have a good day.
181 September 23, 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 NOT 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.
passed on its first reading, by title, at the meeting of September 9, 1997, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second
and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11554.
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.
----------------------------------------------------------------------------------------------------------------
72. PROPOSED SECOND READING ORDINANCE: MAKE APPROPRIATIONS
FOR FISCAL YEAR ENDING SEPTEMBER 1998 -- FOR DOWNTOWN
DEVELOPMENT AUTHORITY OF CITY.
Commissioner Plummer: What's next?
A. Quinn Jones, III, Esq. (City Attorney): Subsection B, which is the appropriations ordinance.
Commissioner Plummer: Move it.
182 September 23, 1997
•
•
Mayor Carollo: Moved by Commissioner Plummer, second by Commissioner Gort.
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 BUDGETARY
FLEXIBILITY; PROVIDING THAT THIS ORDINANCE BE DEEMED
SUPPLEMENTAL AND IN ADDITION TO THE ORDINANCE 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.
passed on its first reading, by title, at the meeting of September 9, 1997, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second
and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11555.
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.
------------------------------------------------------- --------------- ------------------------------------------
73. APPROVE / ADOPT ANNUAL BUDGET OF OFF-STREET PARKING
DEPARTMENT -- FOR FISCAL YEAR 1997-1998 -- FOR $7,157,298.
Commissioner Plummer: I move item 41.
Commissioner Gibson: Second.
Commissioner Plummer: Hello? Did I not move it?
Commissioner Gibson: I said "second."
183 September 23, 1997
i
Mayor Carollo: A resolution approving and adopting the annual budget...
Commissioner Plummer: Ott -Street Parking. Is there a problem?
Mayor Carollo: There's a lot of problems.
Commissioner Plummer: Well, then...
Mayor Carollo: A lot of problems. By when do we have... By what date do we have to approve
this budget?
Commissioner Plummer: October 1.
Commissioner Gort: Today.
A. Quinn Jones, III, Esq. (City Attorney): Yeah. You need to approve it today.
Mayor Carollo: Excuse me?
Mr. Jones: You need to approve it today.
Mayor Carollo: Well... not necessarily. It has to be done by the end of September, correct?
Mr. Jones: No. If you don't do it today, then what you do is they'll go back and operate,
basically, on last year's fiscal year, the budget for the previous fiscal year.
Commissioner Plummer: And there's nothing that says that you can't change it after you
approve it today. Budgets are projections.
Mayor Carollo: Commissioner, there's no sense in wasting any more time on this. I think we're
all in concurrence, certainly a majority of us, to know what we need to do here to save the City
dollars. So let's approve it for the meantime.
Commissioner Plummer: That's why I've already made the motion.
Mayor Carollo: There's a motion by Commissioner Plummer.
Vice Mayor Regalado: Second.
Mayor Carollo: Second by Vice Mayor Regalado. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays."
184 September 23, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-677
A RESOLUTION WITH ATTACHMENT(S), APPROVING AND ADOPTING THE
ANNUAL BUDGET OF THE DEPARTMENT OF OFF-STREET PARKING FOR
FISCAL YEAR COMMENCING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30,
1998, ATTACHED HERETO AND MADE A PART HEREOF, IN THE AMOUNT OF
$7,157,298, EXCLUDING DEPRECIATION AND OTHER NON -OPERATING
EXPENSES OF $1,974,341.
(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.
----------------------------------------------------------------------------------------------------------------
74. CONTINUED / COMMENTS REGARDING POSSIBILITY TO DELETE FIRE
FEE ON COMMERCIAL PROPERTIES.
Mayor Carollo: For the record, now, since we've approved the new budget for this next fiscal
year, I want to make it as clear as I can what this Commission stated from day one on the fire
fee. When this Commission was forced to bring forth a fire fee for commercial properties - not
residential properties in the City of Miami - because of the huge deficit that had been left for us
to deal with from past Administrations, we had stated that at the end of November, early
December, once we had all the numbers together, every dollar that we had found to bring
together at one time to the Oversight Board, to take back a part or all of that fire fee. For the
record, let me say that I have been able to identify, in addition to other smaller amount of dollars
that have been identified already, at least eleven million dollars ($11,000,000) of recurring
revenues every year that this Commission is going to be able to bring in, after we meet in
November and December, to be able to discuss jointly with other dollars that are out there. What
it means is that we will be able to provide sufficient recurring revenues to the Oversight Board to
show that we could do away with the whole fire fee to the commercial properties of this City.
And that would be my intention, to hold a special meeting sometime in late November, early
December, as we originally had stated, so that we could revisit all the different alternatives that
we have, including some that have not been mentioned here, that can come up between now and
then, so that we can bring the whole package to the Oversight Board and substitute those
recurring dollars for what was given to them on the fire fee.
185 September 23, 1997
---------------- -----------------------------------------------------------------------------------------------
75. APPROVE / ADOPT ANNUAL BUDGET FOR GUSMAN CENTER,
PERFORMING ARTS AND OLYMPIA BUILDING -- FOR FISCAL YEAR
1997-1998 -- FOR $675,525.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, I'll move item 42 on Gusman Hall, if it's understood that
there is no City subsidy.
Commissioner Gort: Second.
Mayor Carollo: There's a motion and a second on the annual operating budget of Gusman,
minus the City contributions that they had requested. Now, Mister...
Commissioner Plummer: No, that's not... that wasn't my motion, Mr. Mayor. I have no
objection of them getting money from some other source, and their full budget remain their full
budget.
Mayor Carollo: From the City of Miami, I said.
Commissioner Plummer: No subsidy from the City of Miami.
Mayor Carollo: Well, that's what I said.
Commissioner Plummer: OK.
Mayor Carollo: Now, Mr. City Attorney, can we legally adopt this budget with those conditions,
knowing that they're going have a deficit?
A. Quinn Jones, III, Esq. (City Attorney): Yeah. You can... yeah. Because it can...
Mayor Carollo: All right.
Mr. Jones: It can be modified.
Mayor Carollo: All right, I just want to be sure. All right, there's a motion, and there's a
second. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays."
186 September 23, 1997
•
r�
L
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-678
A RESOLUTION WITH ATTACHMENT, APPROVING AND ADOPTING THE
ANNUAL BUDGET FOR FISCAL YEAR COMMENCING OCTOBER 1, 1997 AND
ENDING SEPTEMBER 30, 1998, ATTACHED HERETO AND MADE A PART
HEREOF, IN THE AMOUNT OF $675,525, EXCLUDING DEPRECIATION, FOR
THE OPERATION OF GUSMAN CENTER FOR THE PERFORMING ARTS AND
OLYMPIA BUILDING.
(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.
NOTE FOR THE RECORD: AT THIS POINT, THE CITY
COMMISSION CLOSES NSIDERATION OF THE REGULAR
PORTION OF THE AGENDA TO FURTHER CONSIDER ITEMS
FROM THE PLANNING AND ZONING PORTION OF THE
AGENDA.
---------------------------------------------------- --------------------------------------------------------
76. DISCUSS / CONTINUE TO MEETING OF OCTOBER 28, 1997
CONSIDERATION OF AGENDA ITEM PZ1 ( OFFICIAL VACATION AND
CLOSURE OF PUBLIC WITH -OF -WAY -- LOCATION: 1695 N.W. 9
AVENUE -- APPLICANT: JACKSON MEMORIAL HOSPITAL) -- FURTHER
DISCUSS POSSIBILITY OF WAIVING RESCUE FEE FOR TWO YEARS.
Mayor Carollo: OK, we are now back in the Planning and Zoning agenda, and I have to
apologize. I have to step out for a few minutes, and I should be back within 15 minutes or so.
Commissioner Plummer: Hopefully, we will be finished.
Mayor Carollo: If you are, I will be very happy.
187 September 23, 1997
I]
NOTE FOR THE RECORD: Mayor Carollo exits the Commission
chamber.
Commissioner Plummer: On PZ-1...
Vice Mayor Regalado: OK. We have the applicants here.
Commissioner Plummer: I have a question.
Vice Mayor Regalado: All right.
Commissioner Plummer: What we are rezoning or vacating is a closure of public right-of-way.
Is this...
Vice Mayor Regalado: Jim.
Commissioner Plummer: Is this a street presently?
Mr. Jim Kay (Interim Director/Public Works): Right now, it is a dedicated right-of-way at the
present time. But I... Let me get the map out here just a minute.
Commissioner Plummer: Yeah. And how much is the hospital paying us?
Vice Mayor Regalado: OK, we have to swear you in. J.L., just one second. He has to be sworn.
Go ahead.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Vice Mayor Regalado: OK, go ahead, J.L.
Commissioner Plummer: Would you hold it up so I can see it? And this is on 9th Avenue and
16th Street.
Commissioner Gibson: Eighth Avenue.
Mr. Kay: This is Northwest 8th Avenue...
Commissioner Gibson: Eighth Avenue.
Mr. Kay: ... between 16th and 17th Street.
Commissioner Plummer: My agenda says 9th Avenue. My agenda says...
Mr. Kay: No, that's...
Commissioner Plummer: ... 1695 Northwest 9th Avenue.
Mr. Kay: That's the address, but the plat is for the entire site here.
188 September 23, 1997
0
Commissioner Plummer: OK, what's on that site now?
Mr. Kay: Right now, you just have vacant property right now on that site.
Commissioner Plummer: OK. That's not in any way being used for parking?
Mr. Kay: No, it's not. It is...
Commissioner Plummer: What, in fact, is going on that site?
Mr. Kay: A hospital is going on that site.
Commissioner Plummer: Other than Jackson?
Commissioner Gibson: No. No, no, no. Mister...
Mr. Eugene Shy, Jr.: Commissioner, if I can maybe shed some light?
Commissioner Plummer: I don't pay you, sir.
Mr. Kay: It's a mental health facility.
Commissioner Plummer: OK. Is that covered by our zoning rules and regulations relating to all
entities of setbacks, of parking requirements and all of that?
Mr. Kay: They will have to come under that, yes.
Commissioner Plummer: They will have to meet all of the requirements?
Mr. Kay: Yes, sir.
Commissioner Plummer: OK. How much are they paying us for the property that they will be
acquiring?
Mr. Kay: I have not been... Other than their fees for application, there is nothing additional.
Commissioner Plummer: No, no, no. They are going to be acquiring how many square feet of
property?
Mr. Kay: A little over 10,000 square feet.
Commissioner Plummer: And how much is the value of a square foot of property?
Mr. Kay: We are looking at fifteen, twenty dollars ($20) a square foot.
Commissioner Plummer: At twenty dollars ($20), and there is 10,000. It would be two hundred
thousand dollars ($200,000). Is that correct, roughly?
Mr. Kay: Yes.
Commissioner Plummer: OK. And I'm bringing that out for a reason. If you will look at this
morning's agenda, Jackson Hospital wants to charge us ninety-seven thousand dollars ($97,000)
for the cases that we bring to them in the Rescue. Now, it would seem logical to me that a City
that is looking and scratching for dollars, that they could waive that fee of ours for two years, if
we give them this property that they are going to acquire. Is that... Am I making sense?
189 September 23, 1997
Mr. Kay: I hear what you are saying. Yes, sir.
Commissioner Plummer: Well, do they hear what I am saying?
Commissioner Gort: Ninety-six thousand the first year, and ninety-eight thousand the second
year.
Commissioner Plummer: Yeah. So that's two hundred thousand dollars ($200,000) of property
that they are going to be assimilating. As such, that could be the two hundred thousand dollar
($200,000) fee that they are asking for us in today's agenda, which we then could buy eight more
helmets for the Fire Department. OK. Now I am ready to listen to you, sir.
Mr. Shy: Yes.
Commissioner Plummer: I thank you for listening to me. And, sir, I hope you heard me well,
because the one thing that I know how to do very, very well is defer. So take it from there.
Mr. Shy: Thank you. My name is Eugene Shy, Jr., Assistant Dade County Attorney. Excuse
me. My name is Eugene Shy, Jr., Assistant Dade County Attorney. And I am here on behalf of
Jackson Memorial Hospital to, I guess, respond to the... your last comment concerning the
amount of square footage that will revert back to the ownership of the fee simple titleholder,
which is actually Dade County. And this property is a designated facility of the Trust, pursuant
to a resolution by Dade County. In prior plats, there had been a dedication of a right-of-way of
60 feet for Northwest 8th Avenue. And according to Florida case law, and I am sure that, you
know, you have counsel who can advise you on this, the fee simple title to the property, once it is
vacated, automatically reverts back to the adjoining or adjacent property owners. And •that
property owner is Dade County. So I don't think that this is a property that will be subject and
amenable for, I guess, a sale.
Commissioner Plummer: I hear you. You are obviously not listening to me, because I am sure it
would take at least two to three years to make that determination in court. So carry on from
there.
Mr. Shy: OK. And also, to respond to a question on what's on the property now, what's going
on this particular property is a mental health facility. As a matter of fact, the construction is out
of the ground. It is presently not being used for parking.
Commissioner Plummer: I would like at this time that this matter be deferred to allow the
applicant or representing the applicant to go back to the Public Health Trust and let them
understand what this City Commission is saying - that we are dearly in need of dollars, and what
we would like to do is to see each help each other; that they waive the two years of rescue fees
for us, and we'll waive any compensation to the City. So I would ask at this time that that matter
be deferred. I think that one hand helps the other, and I see nothing wrong with asking the
Public Health Trust to, in fact, come and say to the City, "We realize you have got a problem,
and we would like to help you out." So I want to give you that opportunity to, in fact, go and
talk over with Mr. Clark and all of the head people of the Public Health Trust, to see if you can't
come back at the next meeting with some successful answers.
Mr. Shy: Commissioner, so that I do understand what we are talking about. There was a prior
item on your agenda today dealing with the Public Health Trust and Fire Rescue. You are sort of
tying the two together, these two items... that item to this particular PZ-1.
Commissioner Plummer: Well, I am tying... Yes, sir. That... if you want to put it that way. It's
two hundred thousand dollars ($200,000), either way. The Health Trust is asking us... And I got
190 September 23, 1997
11
to tell you, I had it deterred this morning, because I just don't understand why we have to pay
Jackson for taking rescue victims to the hospital. But it's there. So what I am saying is, if they
will waive those two fees, I'll be happy to waive whatever they need. One hand... One
government helping another is what I am really saying.
Mr. Shy: OK. All right.
Vice Mayor Regalado: You want that as a motion, or do you just want to defer that?
Commissioner Plummer: I would like to defer the issue. Let him go back and talk it over with
the people he represents, and we will see him at the next zoning meeting.
Vice Mayor Regalado: All right. Thank you.
Commissioner Plummer: Thank you.
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): So that would be a
continuance to October 28th?
Commissioner Gort: Right.
----------------------------------------------------------------------------------------------------------------
77. DISCUSS / CONTINUE TO MEETING OF OCTOBER 28, 1997
CONSIDERATION OF AGENDA ITEM PZ-2 (APPEAL OF ZONING BOARD
DECISION WHICH DENIED VARIANCE TO PERMIT A REAR YARD
SETBACK -- LOCATION: 1273 N.W. 24 STREET -- APPLICANT: JULIAN
GARCIA).
Vice Mayor Regalado: OK. PZ-2, it's a... Lourdes.
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): Thank you. PZ-2 is an
appeal of a variance that was denied by the Zoning Board. The Planning Department is also
recommending denial of the variance. This property has two structures on it. It is legally
grandfathered for four units in an R-2 zone. It's a single-family home. An addition was
constructed on the rear house without the proper permits. It encroaches into the setbacks, and
there is no hardship.
Vice Mayor Regalado: You have to be sworn in.
Ms. Slazyk: It is legally grandfathered for four units in an R-2 zone. It's a single-family
residence at the rear and a three-family structure at the front.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. Julian Garcia: Thank you, Commissioners. I am going to pass... So as not to use a lot of
your time, I am going to pass something so you can each look at it, please.
Vice Mayor Regalado: Thank you.
191 September 23, 1997
Mr. Garcia: To address the issue, quickly, when I came before the Zoning Board, there was a
gentleman who had an objection to the encroachment... the variance being given, because of the
fact that I had a garbage dumpster in the front, as the City of Miami Waste Management
requested it. And he spoke loud and clear, and it was rejected. Since then, I went and negotiated
with the Waste Department. They allowed me to do curbside garbage pickup in that...
Vice Mayor Regalado: How much are you paying for, one unit or two units, to the Solid Waste
Department?
Mr. Garcia: No, the four units.
Vice Mayor Regalado: You are paying for...
Mr. Garcia: Four units.
Vice Mayor Regalado: ... four units.
Mr. Garcia: And what happened is the City had changed their law... the Waste Department have
changed the law. More than two units, you have to put a waste garbage. But if you know that
area of Allapattah...
Vice Mayor Regalado: So that's four.
Mr. Garcia: Right.
Vice Mayor Regalado: Four units.
Mr. Garcia: It's four units. What happened is the City of Allapattah, if you know that area, it's a
big, big garbage dumpster, and everybody was using the dumpster that we put in front of our
property as, you know, disposable for themselves, and it was looking very bad. And so I... as I
dealt with the City, the Waste Department, they went ahead and accepted the side... curbside
pickup. After that, which has been going on since the end of, I believe, it's August, I spoke to
the gentleman, Manolo Garcia, who signed an affidavit, and I would like to read it for the record
if I may, please. It says... that's Exhibit C. It says,
"Dear Sirs, I, Manolo Garcia, owner of the house 1267-1269 Northwest 24th
Street" - that's next door. I am 1273 - "Miami, Florida do hereby state that I was
the person who complained with the Hearing Board of the City of Miami because
of garbage problems with my next door neighbor's apartment at 1273 Northwest
24th Street, thereby causing the variance to be denied. This problem has now
been resolved to my satisfaction. Therefore, I officially state that I no longer have
a complaint with Mr. Julian Garcia or Kathleen R. Garcia" - my wife - "at the
1273 Northwest 24th Street property. As far as I am concerned, it's all right for
the variance to be granted. If you have any questions, please contact me at area
code (305)635-2183. Sincerely yours, Manolo Garcia."
And this was notarized by a person who witnessed the transaction. And if you see Exhibit D,
which is the last thought I want to bring to your attention, I bought this property about 13 years
ago. I inherited the conditions existing. I had a couple of companies come out there to give me
an estimate of what it would cost to demolish... you know, what it would be... requested to be
demolished. And one came in at eleven thousand and the other one came in at over fourteen
thousand dollars ($14,000). And it would cause a lot of hardship, financially, to me, because 1,
financially, cannot afford to do that. Besides the fact that that would lower the tax value of the
property. So I do appeal, and I do beg for you guys to reconsider the facts, and that you would,
hopefully, vote in my favor.
192 September 23, 1997
.7
•
Vice Mayor Regalado: OK. You are going to pave the front of the...
Mr. Garcia: Yes.
Vice Mayor Regalado: ... of the house.
Mr. Garcia: Yes, I am.
Vice Mayor Regalado: OK. The situation with the garbage has been resolved. Just a minute. It
seems that the situation with the garbage has been resolved. The neighbors that complained
about the garbage, I just called this neighbor. He says he is OK, if you pave...
Mr. Garcia: I promised and I will do it. I promised him I was going to put a fence. I put the
fence up. I promised him I was going to get rid of the garbage. I got rid of the garbage. And I
am going to be paving the front.
Vice Mayor Regalado: Does the Administration have anything to say? I mean, he's telling us
that most of the things, if not all, that were cause of complaints have been fixed.
Ms. Slazyk: Yes. The department recommendation is based on the criteria of the zoning
ordinance for hardship for variances. If the Commission, you know, were to find a hardship and
were to want to recommend approval with conditions, you know, the Commission... that's their
prerogative. But the department has found no hardship, and that's what the recommendation was
based on.
Commissioner Gort: Let me ask you a question.
Mr. Garcia: Yes, sir.
Commissioner Gort: Do we have any idea when was this built? Because this is one of the
problems that we have around this neighborhood. We have individuals come that buy a
property, and this is why we have to pass that real estate. We need to get back to that real estate
that we talked about, when somebody sells a house, it should be checked and inspected by us
before a closing takes place.
Mr. Slazyk: To make sure that illegal additions... yeah.
Commissioner Gort: Because, this... We get... make sure they are in compliance with all the
City ordinances. Because we have a lot of those cases coming up in front of us, people that buy
a property, and I guess the title search did not look into those, into the... if they are in compliance
or not with the City ordinances. So this is a problem that we have throughout a lot of the
neighborhoods. Do we have any idea when was that built? And when did you buy your
property?
Mr. Garcia: I bought it 13 years ago, sir. There is... If you want me to give you the exact date, I
can look it up. Will you like me to?
Vice Mayor Regalado: No, don't worry about it.
Mr. Garcia: OK.
Ms. Slazyk: Well, and since there is no building permit, we can't tell when the addition was put
on. That's the only piece of this that needs the variance, the addition to the rear structure.
Everything else on the property is a legal... you know, legal nonconforming, because, they are
four units in an R-2.
193 September 23, 1997
Commissioner Gort: But if this board, this Commission is to approve that, you would have to
comply with the South Florida Building Code to bring it up to standard.
Ms. Slazyk: Yes, yes. He would have to get his building permits, and it would have to meet the
inspections and certification from an engineer.
Vice Mayor Regalado: Are you willing to do that?
Mr. Garcia: Yes, sir.
Vice Mayor Regalado: What is the will of this Commission? J.L., do you want to...
Commissioner Gort: You know, for the reasons stated before, this is something that... This is
one neighborhood...
Vice Mayor Regalado: OK...
Commissioner Gort: But there are many other neighborhoods where we are going to have this
problem.
Vice Mayor Regalado: OK. I have voted in the past, for a year and several months, always to
deny variances. But when you see a person that tries, and that feels that he can... that solves the
problems that the neighbor has, I think that on one occasion, we should tell the people of Miami
that we are willing to be flexible... not to bend the law, but we are willing to be flexible if the
people are willing to recognize, and do the right thing and follow the complaints of the
neighbors, follow through and solve the complaints of the neighbors. So I will on this case, and
only this case... and I am stating this on the record. I am willing to give you your variance and I
am...
Mr. Joel Maxwell (Deputy City Attorney): Mr. Vice Mayor.
Vice Mayor Regalado: Yes, sir.
Mr. Maxwell: Before you complete that motion, you should be advised that I don't believe that
you have that flexibility in this particular instance. The record is clear that, at least the planning
staff's recommendation is, that he has not met the requirements for a variance, the most
important one being that he has demonstrated no hardship. In the past, this Commission, as well
as the lower boards, have taken a firm stance on the requirement that you make those particular
findings. And what you are about to do right now is to exercise discretion that I don't think you
have. And that is exactly what gets the Commission in trouble, because the next applicant that
comes before you will ask for you to give them the same benefit that you might be giving this
person.
Vice Mayor Regalado: All right. So if we cannot grant the variance, what are we doing here?
Mr. Maxwell: Well, in order to grant the variance, it would have been incumbent upon this
individual to come before you with substantial and competent evidence demonstrating that the
Planning Department's recommendation was not correct. It would have required that he have
some expert testify that that wasn't the case. The only thing that he's told you is that he has an
economic hardship, which he very well may have. However, the law is clear that economic
hardship is not a basis for this board to give someone a variance. So I bring it to your attention
simply so you will know that your decision could be successfully challenged in court; not that it
would be challenged, but it could very well... In my opinion, it would be successfully
challenged, if you vote that way, and if someone challenged it.
194 September 23, 1997
•
•
Vice Mayor Regalado: OK. Commissioner Gort, you had something to say or...
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Gort: I think the gentleman needs to come back and justify the variance, and that
economics is not justification for a variance. Have it continued and let them come back and...
Commissioner Plummer: So defer it.
Commissioner Gort: In other words, this will be continued to the next board meeting so you can
come up with the hardship.
Commissioner Plummer: October 28th.
Vice Mayor Regalado: But when he comes back, when he... Tell him what he has to do besides
whatever he has done. Because, like I said, I am... My record is clear I voted always to deny
variances, because that's the way it should be, that's... But this gentleman has showed that he
has done something. So can you tell him what he has to do?
Mr. Maxwell: He has shown very good intentions to this Commission. However, that's...
Vice Mayor Regalado: Absolutely. But can you tell him what he needs to come back with?
Mr. Maxwell: What he needs to do is to come back with expert testimony that will refute what
the Zoning... what the Planning Department has said in their reports, in their analysis. Once he
does that, then it becomes a toss up, a balancing test. The Commission has to weigh both the
testimony of his expert and the testimony of the Planning Department, and then you can make
whichever decision you choose at that point. But you must have...
Commissioner Plummer: Well, we're going in circles here.
Mr. Maxwell: In order for your decision to be defensible, you must have that testimony on the
record.
Mr. Garcia: May I ask a question, please? I did agree that I will take the necessary steps to pull
the necessary permits, to get the property to be up to where it needs to be.
Mr. Maxwell: But that's not the issue. What happened is I think you have a side... you have a
rear setback problem.
Ms. Slazyk: That's right.
Mr. Maxwell: The Planning Department could tell you what you would have to show to them to
get their approval on it. Now, whatever criteria is used for the Planning Department to make the
recommendation to this Commission would be the same analysis that your expert would make,
and maybe arrive at a different conclusion. And what I suggest, Mr. Vice Mayor, is that this
applicant meet with - he's the appellant now - meet with Planning staff after the meeting. He
can tell them what they based their recommendation on, and he can get the necessary expert to
come testify on this.
Commissioner Plummer: I move this matter be deferred or continued until October the 28th,
giving the applicant the opportunity to possibly win.
195 September 23, 1997
Vice Mayor Regalado: There is a motion...
Commissioner Plummer: Does that say it all?
Vice Mayor Regalado: ... by Commissioner Plummer. Second...
Commissioner Gibson: ... Second.
Vice Mayor Regalado: ... by Commissioner Gibson. All in favor, signify by...
Commissioner Plummer: And I would suggest the applicant get with the City Attorney, and get
exactly what you need and what will qualify you to become a winner.
Mr. Garcia: OK, sir. I appreciate it. You guys are great. You got my vote.
Commissioner Plummer: You only say it because it's true.
Vice Mayor Regalado: Thank you.
Mr. Garcia: Thank you very much.
Vice Mayor Regalado: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Vice Mayor Regalado: Deferred until last meeting of October.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-679
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-2 (APPEAL
OF ZONING BOARD DECISION TO DENY A REAR YARD SETBACK
REDUCTION FOR EXISTING STRUCTURE AT 1273 N.W. 24 STREET) TO THE
COMMISSION MEETING PRESENTLY SCHEDULED FOR OCTOBER 28, 1997.
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
NAYS: None.
ABSENT: Mayor Joe Carollo
196 September 23, 1997
---------------------------------------------------------------------------------------------------------------
78. GRANT APPEAL OF HISTORIC AND ENVIRONMENTAL PRESERVATION
BOARD -- FOR CONSTRUCTION OF CORAL ROCK WALL -- LOCATION:
3041 OAK AVENUE -- APPLICANT: FLECK & ASSOCIATES INC.
----------------------------------------------- 7----------------------------------------------------------
Vice Mayor Regalado: Item PZ-3. Lourdes.
Mr. Tony O'Donnell: Yes. Mr. Vice Mayor, should I be sworn in?
Vice Mayor Regalado: Yes.
Commissioner Plummer: Have you paid the tee?
Mr. O'Donnell: Yes. A lot of it.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Commissioner Plummer: Do you want to pay it again?
Mr. O'Donnell: For the record, Tony O'Donnell, offices at 701 Brickell Avenue. I am here
tonight representing Charles Fleck on an appeal from a Historic Preservation Board decision.
We have reached a...
Commissioner Plummer: You all have made it with conditions, right?
Mr. O'Donnell: We have reached an agreement with the staff on the final plan for a coral rock
wall which will be installed around the Ayars home in Coconut Grove, and we would like for
you to...
Commissioner Plummer: Is the Historic Board in approval?
Ms. Sarah Eaton (Planner II, Planning & Development): This would be a modification of the
board's decision, but staff supports the compromise.
Commissioner Plummer: And you all have agreed on the modifications?
Mr. O'Donnell: Yes, we have.
Ms. Eaton: Yes.
Mr. Joel Maxwell (Deputy City Attorney): What are they?
Ms. Eaton: Yes, but I need to put those...
Mr. Maxwell: ... in the record.
Ms. Eaton: ... into the record.
197 September 23, 1997
Commissioner Plummer: Do it. Let's quit goofing off.
Ms. Eaton: What the Commission would do is grant the appeal, with conditions, and modify the
decision of the Historic and Environmental Preservation Board with these conditions: The wall
should be faced with a coral rock veneer to match the stone of the house; columns with concrete
cap shall be reduced to four in number, and shall be limited to those flanking the driveway and
front walkway; gates, and driveway, and front walkway shall be subject to staff approval; height
of coral rock wall along the south property line shall not exceed five feet as measured from the
current grade of the property line; height of the coral rock wall along the west property line shall
be even with the height of the wall along the south property line, although the actual height may
be exceed five feet as the grade becomes lower approaching the northwest corner of the
property; and columns shall not project higher than one foot above the wall.
Commissioner Plummer: If you can live with that, it's a miracle. But you have agreed to it. I
move the item.
Mr. O'Donnell: Thank you.
Vice Mayor Regalado: All right, there is a motion to approve. Second by...
Commissioner Gibson: Second.
Vice Mayor Regalado: ... Commissioner Gibson. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Commissioner Plummer: And let me say for the record, Tony, your client has done a remarkable
job. It looks great.
Mr. O'Donnell: Thank you.
198 September 23, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-680
A RESOLUTION GRANTING THE APPEAL OF CHARLES E. FLECK (FLECK &
ASSOCIATES, INCORPORATED) AND REVERSING THE DECISION OF THE
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH
APPROVED, WITH CONDITIONS, A CERTIFICATE OF APPROPRIATENESS FOR
THE CONSTRUCTION OF A CORAL ROCK WALL AROUND THE PERIMETER
OF THE PROPERTY KNOWN AS THE DR. EMERSON W. AYARS HOUSE,
LOCATED AT 3041 OAK AVENUE, MIAMI, FLORIDA.
(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
----------------------------------------------------------------------------------------------------------------
79. GRANT MAJOR USE SPECIAL PERMIT FOR BRICKELL BAY PLAZA
PLANNED UNIT DEVELOPMENT -- LOCATION: AT APPROXIMATELY,
1201 BRICKELL AVENUE -- APPLICANT: TIBOR HOLLO FOR BRICKELL
BAY PLAZA.
Vice Mayor Regalado: PZ-4. Major use special permit for Brickell Bay Plaza. Lourdes.
Commissioner Plummer: Is there anybody in opposition? Is there anybody in opposition? It's
been approved by Planning. It's approved for the variances.
Commissioner Gort: Move it.
Commissioner Plummer: I move... I second item PZ-4.
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): One quick modification for
the record. An additional condition that wasn't in here that the legal description be modified. I
have discussed it with the applicant and they have...
Ms. Vicky Leiva: We accept that condition.
Commissioner Plummer: The applicant agreed to that?
199 September 23, 1997
Ms. Leiva: And we also need to make sure that the record —
Ms. Slazyk: Reflects that it's... yeah.
Vice Mayor Regalado: You need to be sworn in.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Vice Mayor Regalado: Excuse me. Before we go into this, I read your proposal and it's going
to be 303 jobs during the construction period.
Ms. Leiva: Correct.
Vice Mayor Regalado: And 30 jobs for... after the termination of the...
Ms. Leiva: For the operations.
Vice Mayor Regalado: For the operation. OK.
Ms. Leiva: Yeah.
Vice Mayor Regalado: I would... I am ready to vote, and I am ready to vote in the affirmative.
But I would try to bring to the attention of the Brickell Bay Plaza Company the fact that there
has got to be employees from the City of Miami, people living within the City of Miami to be
employed by the company during the construction and the operation. That is not to say that we
want 100 percent, because we understand that. But we need to have some kind of assurances
written in terms of hiring people from the City of Miami during the construction period, and, of
course, in the operation period, some people of Miami. And the reason is that the City of Miami
will benefit twice...
Commissioner Plummer:
Absolutely.
Vice Mayor Regalado: ...
because of the tax...
Commissioner Plummer:
You damn right.
Vice Mayor Regalado: ...
that we will be getting. But also, we... as you know, as we all know,
we are a City...
Commissioner Plummer:
Give him half.
Vice Mayor Regalado: ... in need of jobs, and sometimes, you see people coming from other
municipalities, or living in Broward, or coming from Homestead. And we have here, and we can
identify for you people in the City of Miami with the skills and with the will to work with you.
And I think that it's a blessing for the City of Miami, your project. And I just hope that we can
do something for the different neighborhoods that need to be taken care of.
Ms. Leiva: I have consulted with Mr. Phil Yafa (phonetic), who is here representing the owner,
and he tells me to assure you that he will use every commercially reasonable process to ensure
that the City of Miami residents who are available for the work force are tapped.
Commissioner Plummer: As he always has.
200 September 23, 1997
Commissioner Gort: He normally does.
Vice Mayor Regalado: Thank you, Phil.
Commissioner Gort: He also lives in the City, and all his projects have been very good.
Vice Mayor Regalado: Thank you, Phil.
Commissioner Plummer: All right, what was the last provision you needed?
Ms. Slazyk: OK, one more clarification that... This is for 641 units.
Commissioner Plummer: It says 639.
Ms. Slazyk: Yeah. The original application was for 639, and the corrected pages were
submitted before this hearing, but the agenda still showed that it as 639.
Mr. Joel Maxwell (Asst. City Attorney): So it's not a substantial modification.
Ms. Slazyk: It's not a substantial modification.
Ms. Leiva: We would also...
Commissioner Plummer: So what are you talking? 641?
Ms. Slazyk: Yes.
Commissioner Plummer: OK.
Ms. Leiva: Six forty-one. We would also like to make the... part of the record the previous
proceedings before the City boards, as well as the major use special permit booklet that was
submitted to the City.
Ms. Slazyk: Incorporated by reference.
Commissioner Plummer: And also make... Wait a minute. Make another provision in there that
Mr. Yafa is going to agree to that any time the City needs to place any kind of an antenna on the
top of the building, that they will allow it at no charge to the City.
Mr. Leiva: Let the record show that Mr. Yafa, has nodded his head in agreement.
Commissioner Plummer: Sometimes... Excuse me. Sometimes, it's a major problem, OK?
Commissioner Gort: It is.
Commissioner Plummer: I moved it before.
Vice Mayor Regalado: OK. There is a motion to approve by Commissioner Plummer.
Second... I'll second it. And all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Ms. Leiva: Thank you.
201 September 23, 1997
Vice Mayor Regalado: You are welcome.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-681
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
NAYS: None.
ABSENT: Mayor Joe Carollo
202 September 23, 1997
----------------------------------------------------------------------------------------------------------------
80. CONTINUE TO MEETING OF OCTOBER 28, 1997 CONSIDERATION OF
AGENDA ITEM PZ-9 (SECOND READING ORDINANCE TO AMEND
CHAPTER 4 OF CODE TO ADD EXCEPTION FOR ALCOHOL BEVERAGE
ESTABLISHMENT USES WHICH PRECEDE SCHOOLS OR CHURCHES),
AND PZ-10 (SECOND READING ORDINANCE TO AMEND ARTICLE 11,
SECTION 1101.5 OF ZONING ORDINANCE 11000 -- FOR EXCEPTION
CLAUSE FOR ALCOHOL BEVERAGE ESTABLISHMENT USES WHICH
PRECEDE SCHOOLS OR CHURCHES).
Commissioner Plummer: All right. Let's take up "vaca frita."
Mr. Joel Maxwell (Deputy City Attorney): We've got number 9.
Vice Mayor Regalado: We have...
Commissioner Plummer: No, we have already...
Mr. Maxwell: You still have a couple of... Vice Mayor...
Vice Mayor Regalado: ... nine...
Mr. Maxwell: Yes.
Vice Mayor Regalado: ... and 10. It's 9 and 10...
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): Nine and...
Vice Mayor Regalado: ... Lourdes?
Mr. Maxwell: Nine, 10 and 12.
Vice Mayor Regalado: Nine, 10, and 12.
Ms. Slazyk: And 14... 15, 1 am sorry.
Commissioner Plummer: You know, I would sure like to talk about this some more, later, Mr.
Vice Mayor.
Vice Mayor Regalado: Sure.
Commissioner Plummer: We are in a very, very precarious position here, when you start talking
about alcohol. I am very concerned... You know this... We have got a problem in this City.
You can't build a bar next to a church. Look what happened to us on 79th Street. They can
build a church next to a bar. And that's wrong. That is absolutely wrong, that that can happen.
Now, I think that we need to do in some way, shape or form, we need to make sure that we don't
want liquor licenses within the purview or the distance requirements of church or schools. But I
think we have got to build it both ways. That, you know, the church, you can't build next to a
bar, because you are not going to let a bar next to you. Tony, you remember the old gasoline,
huh? So I would like to see items 9 and 10 be deferred, and let's have some more thoughts on
this thing. You are giving exception clauses for alcohol beverage establishments in the next
item. I ask that this matter be deferred until the next Commission meeting.
203 September 23, 1997
Vice Mayor Regalado: All right.
Ms. Slazyk: This does offer the protection.
Commissioner Plummer: Huh?
Mr. Maxwell: This addresses the issue that you were talking about.
Commissioner Plummer: I understand, but I want to understand it better, OK? Now, I don't
think that this is a rush item, and I would like to continue it until October 28th, OK?
Commissioner Gort: Question.
Vice Mayor Regalado: Sure.
Commissioner Gort: Does this have anything to do with an item we had here from 79th Street?
Ms. Slazyk: Yes.
Commissioner Plummer: 79th Street.
Commissioner Gort: It's the same item.
Ms. Slazyk: Yes, this would be...
Commissioner Gort: I mean, this was here six months ago.
Commissioner Plummer: I understand. But I haven't had time to read it.
Commissioner Gort: What is the church doing? They are not opening or what?
Mr. Maxwell: They are in court. This ordinance came about because of concerns by the
Commission that maybe certain individuals had a legitimate complaint, in that if they operated
an alcoholic beverage establishment and then a church came in, they would then be placed in a
position where they could not expand their business. There were some concerns about whether
or not this was reverse discrimination, whether it was a taking of some sort. And this ordinance
was designed to remedy that particular problem by providing that these pre... these
establishments that were there prior to the church coming in would be given a status...
Ms. Slazyk: Conforming.
Mr. Maxwell: ... that would allow them to continue to expand.
Ms. Slazyk: They would retain their conforming status.
Mr. Maxwell: Yeah.
Ms. Slazyk: They would not become nonconforming.
Commissioner Plummer: I still ask...
Commissioner Gort: OK.
204 September 23, 1997
Commissioner Plummer: ... that it be deterred until the next meeting. I would like to go into it
further. I have not had the time.
Commissioner Gort: You said to be continued.
Vice Mayor Regalado: OK. Items 9 and 10...
Commissioner Plummer: To be continued.
Commissioner Gort: To be continued.
Vice Mayor Regalado: ... deferred to next meeting... continued to the last meeting of October.
Commissioner Plummer: All right.
----------------------------------------------------------------------------------------------------------------
81. PROPOSED FIRST READING ORDINANCE: AMEND ARTICLE 6,
SECTION 602, COCONUT GROVE CENTRAL COMMERCIAL DISTRICT,
OF ZONING ORDINANCE 11000 -- MODIFY SECTION 602.10.4, OFF -SITE
PARKING, TO INCLUDE / CORRECT / CLARIFY CERTAIN LANGUAGE
IN SECTION -- APPLICANT: PLANNING & DEVELOPMENT.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Regalado: Item 11. PZ-11.
Commissioner Plummer: Didn't we do 11?
Mr. Joel Maxwell (Deputy City Attorney): Yeah.
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): Yes, 11 has been approved.
Commissioner Plummer: We did 11.
Mr. Maxwell: Twelve is the next one.
Ms. Slazyk: We are now on PZ-12.
Vice Mayor Regalado: OK, PZ-12.
Ms. Slazyk: PZ-12 is an amendment to Zoning Ordinance 11000 that the City Commission had
asked the Planning Department to look into last year. This is an amendment that would allow
the GI property on Main Highway, that is known as the Coconut Grove Playhouse site to be
included in the Coconut Grove Parking Trust Fund.
Commissioner Plummer: It's on first reading. I move it.
Commissioner Gibson: Second.
Vice Mayor Regalado: OK, there is a motion to approve by Commissioner Plummer, second by
Commissioner Gibson. Mr. City Attorney. Call the roll.
205 September 23, 1997
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, THE ZONING
ORDINANCE, BY AMENDING ARTICLE 6, SECTION 602.10.4, TO MODIFY
OFFSITE PARKING REGULATIONS FOR THE SD-2 COCONUT GROVE
CENTRAL COMMERCIAL DISTRICT, TO INCLUDE THAT PORTION OF THE
ADJACENT G/I DISTRICT CURRENTLY OCCUPIED BY THE COCONUT GROVE
PLAYHOUSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
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
NAYS: None.
ABSENT: Mayor Joe Carollo
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Mr. Tony O'Donnell: Excuse me, Mr. Vice Mayor.
Vice Mayor Regalado: Sure.
Mr. O'Donnell: I just wanted to make for the record, on the second reading, I do represent
people from the neighborhood that want to address this issue. Just for the record, we are not
addressing it tonight, but we will be addressing it on second reading.
Commissioner Plummer: Cast of thousands.
Vice Mayor Regalado: With...
Mr. O'Donnell: Pardon me?
Commissioner Plummer: A cast of thousands.
Vice Mayor Regalado: It will be coming up when? October?
Ms. Slazyk: October 28th.
Commissioner Plummer: Twenty-eight.
Mr. O'Donnell: OK, excuse me.
Ms. Slazyk: And they are...
Mr. O'Donnell: For the record, it's Tony O'Donnell, and I am representing in the neighborhood,
Mr. Sweatland, Mr. Lang and Ms. Armbrister.
206 September 23, 1997
Vice Mayor Regalado: Do you want to do it now, or you want to wait for...
Mr. O'Donnell: No, I would rather wait.
Commissioner Plummer: No. Second reading.
Vice Mayor Regalado: All right.
Mr. O'Donnell: I just wanted to make sure of the procedure, sir.
Vice Mayor Regalado: No problem.
Mr. O'Donnell: Thank you.
Ms. Slazyk: There will be another notice given for second reading. But now he... you know, he
is also notified it's October 28th.
Commissioner Plummer: Right.
----------------------------------------------------------------------------------------------------------------
82. PROPOSED FIRST READING ORDINANCE: AMEND ZONING
ORDINANCE 11000 -- AMEND ARTICLE 6, SECTION 602.11 -- MODIFY
SIGN REGULATIONS FOR SD-2 COCONUT GROVE CENTRAL
COMMERCIAL DISTRICT -- APPLICANT: PLANNING & DEVELOPMENT.
Commissioner Plummer: The last item.
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): OK. The last item is PZ-
15. It's also a first reading...
Commissioner Plummer: Why does the City have to... Directional signs are put up by Dade
County.
Ms. Slazyk: This is more for... It's like a menu board in a courthouse... in a courtyard type
development in Coconut Grove. The businesses that are located at the rear of that can't be seen
from the street. So they start competing with each other for signage. They want bigger signs,
they want more flashy signs. This would allow that menu board, that directory board in the
middle of the plaza to let, you know... It's geared more toward the pedestrian so they know what
businesses are in that courtyard. This is something that we think will clean up...
Commissioner Plummer: Move it.
Vice Mayor Regalado: There is a motion...
Commissioner Gort: Second.
Vice Mayor Regalado: ... by Commissioner Plummer, second by Commissioner Gort. Mr. City
Attorney.
207 September 23, 1997
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, THE ZONING
ORDINANCE, BY AMENDING ARTICLE 6, SECTION 602.11, TO MODIFY SIGN
REGULATIONS FOR THE SD-2 COCONUT GROVE CENTRAL COMMERCIAL
DISTRICT, TO CONDITIONALLY ALLOW FREE-STANDING DIRECTIONAL
SIGNS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND 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
NAYS: None.
ABSENT: Mayor Joe Carollo
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Vice Mayor Regalado: This meeting is adjourned.
Commissioner Plummer: So be it.
Commissioner Gort: Good meeting, Mr. Vice Mayor.
Commissioner Plummer: Always in order.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 7:39 P.M.
ATTEST:
Walter Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
JOE CAROLLO
MAYOR
0
208
September 23, 1997