HomeMy WebLinkAboutCC 1997-10-14 Minutes� t>
CITY O.F MIAM:
* INCORY��)N:1Tif)
1B 96
�CR,FL�
OF MMING HELD ON OCTOBER 14, 1997
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
WALTER J. FOEMAN
CITY CLERK
INDEX
MINUTES OF REGULAR MEETING
October 14, 1997
ITEM
SUBJECT
LEGISLATION
NO.
1.
PRESENTATIONS / PROCLAMATIONS.
DISCUSSION
10/14/97
2.
CONSENT AGENDA -- SEE LABELS 36 AND
DISCUSSION
37.
10/14/97
2.1
ACCEPT BID: MARTIN ASSOCIATES OF
R 97-682
SOUTH FLORIDA -- FOR LASER PRINTER
10/14/97
SUPPLIES ' CITYWIDE -- ALLOCATE
$32,716.42 FROM USER BUDGETS.
2.2
ACCEPT BID: AFTER HOURS CLEANNING
R 97-683
SERVICE -- FOR CUSTODIAL SERVICES --
10/14/97
FOR SOLID WASTE DEPARTMENT --
ALLOCATE $9,480 FROM GSA ACCT CODE
513000.421001.6.340.
2.3
ACCEPT BID: MARIN & MARIN
R 97-684
CONSTRUCTION, INC. -- FOR MORNINGSIDE
10/14/97
SEAWALL IMPROVEMENTS PROJECT B-
4596 -- ALLOCATE $40,150 FROM CIP
PROJECT 341170.
2.4
ACCEPT BID: GROVE NURSERY, INC. -- FOR
R 97-685
VIRGINIA STREET LANDSCAPING PROJECT
10/14/97
B-4598 -- ALLOCATE $25,000 FROM CIP
PROJECT 341170.
2.5
AUTHORIZE $15,400 FROM COMMUNITY
R 97-686
DEVELOPMENT BLOCK GRANT FUNDS
10/14/97
PROJECT 799602 -- FOR REHABILITATION
OF BUSINESSES IN EDISON/LITTLE RIVER
AREA UNDER COMMERCIAL FACADE
PROGRAM.
2.6 AUTHORIZE $7,000 ALLOCATION OF R 97-687
COMMUNITY DEVELOPMENT BLOCK GRANT 10/14/97
FUNDS PROJECT 799613 -- FOR
REHABILITATION OF ONE BUSINESS IN
OVERTOWN IN CONJUNCTION WITH
COMMERCIAL CODE COMPLIANCE
PROGRAM.
PAGE
NO.
2
2-4
F1
E^
0
7
7
2.7
AUTHORIZE $53,250 FOR FUNDING OF
R 97-688
8
POLICE COURT .OVERTIME REDUCTION
10/14/97
PROJECT -- ALLOCATE FUNDS FROM LAW
ENFORCEMENT TRUST FUND PROJECT
690003.
2.8
AMEND SECTION 2 OF R97-572 (ACCEPT
R 97-689
8
GRANT FOR DEVELOPMENT OF
10/14/97
WHEELCHAIR ACCESSIBLE TRAILS AT
SIMPSON PARK) -- INCREASE GRANT
AWARD FROM FLORIDA ENVIRONMENTAL
PROTECTION AGENCY FROM $42,000 TO
$50,000.
2.9
INCREASE CONTRACT WITH PHYSIO
R 97-690
9
CONTROL CORPORATION -- FOR REPAIR
10/14/97
AND MAINTENANCE SERVICES OF FIRE -
RESCUE CARDIAC LIFE SUPPORT
EQUIPMENT -- ALLOCATE $25,872 FROM
ACCT. 105000.280502.6.670.
2.10
INCREASE FUNDING OF CRIME STOPPERS
R 97-691
9
OF DADE COUNTY -- TO REWARD TIPSTERS
10/14/97
WHO HELP SOLVE MAJOR CRIMES --
ALLOCATE $7,000 FROM LETF PROJECT
690003.
2.11
SUPPORT / ENDORSE EFFORTS TO USE
R 97-692
10
ALTERNATIVE TRANSPORTATION. FUELS TO
10/14/97
IMPROVE AIR QUALITY.
2.12
AUTHORIZE INSTALLATION OF STATUE
R 97-693
10
HONORING MARY BRICKELL IN MEDIAN
10/14/97
AREA OF BRICKELL AVENUE AT
APPROXIMATELY 6 STREET.
2.13
APPROVE FORM OF CHANGES TO
R 97-694
11
INTERLOCAL AGREEMENT OF SUNSHINE
10/14/97
STATE GOVERNMENTAL FINANCING
COMMISSION -- APPROVE LOCAL
GOVERNMENTAL UNITS FOR MEMBERSHIP
TO SUNSHINE STATE GOVERNMENTAL
FINANCING COMMISSION.
2.14
ACCEPT $654,500 GRANT FORM FLORIDA
R 97-695
12
DEPARTMENT OF COMMUNITY AFFAIRS TO
10/14/97
EXPAND JOSE MARTI RIVERFRONT PARK.
3.
CONSOLIDATE COMMISSION MEETINGS OF
R 97-696
12-14
NOVEMBER AND DECEMBER --
R 97-696.1
RESCHEDULE REGULAR CITY COMMISSION
10/14/97
MEETING FOR NOVEMBER TO NOVEMBER
25, 1997 -- RESCHEDULE PLANNING .AND
ZONING COMMISSION MEETING OF
DECEMBER TO BE HELD DECEMBER 9,
1997.
4. PRESENTATIONS. DISCUSSION
10/14/97
5. COMMISSION COMMENTS ON "THE MIAMI DISCUSSION
HERALD" ARTICLE OF OCTOBER 14, 1997 10/14/97
REGARDING CITY'S FINANCIAL CRISIS --
DIRECT CITY MANAGER TO DISSEMINATE
THROUGH NET-9 AND RADIO SERVICES
CITY'S EFFORTS TO OVERCOME FINANCIAL
CRISIS.
6. WAIVE CONFLICT OF INTEREST CLAUSE R 97-697
PROHIBITING MEMBER OF WATERFRONT 10/14/97
ADVISORY BOARD (RICHARD A. BUNNELL)
FROM INSTALLING FLOATING DOCK AT
MIAMARINA.
7. RESCIND R97-731 WHICH RESTRICTED R 97-698
VEHICULAR ACCESS TO N.E. 55 TERRACE 10/14/97
AT INTERSECTION WITH EAST SIDE OF
NORTH BAYSHORE DRIVE.
8.
PROPOSED FIRST READING ORDINANCE:
FIRST
AMEND SECTION 54-16 OF CODE
READING
"PROHIBITION OF VEHICULAR ACCESS" --
ORDINANCE
ESTABLISH PROCEDURE FOR REQUESTING
10/14/97
VEHICULAR / PEDESTRIAN ACCESS
PROHIBITION TO PUBLIC ALLEYS.
9.
PERSONAL APPEARANCE: FATHER MARTIN
R 97-699
GREENE --INCREASE EXISTING LIEN WITH
10/14/97
REPUBLIC NATIONAL BANK FOR REGIS
HOUSE BY$11,000.
10.
PERSONAL APPEARANCE: REQUEST FROM
M 97-700
ELENA DIAZ-VERSON -- GRANT REQUEST
10/14/97
TO RELOCATE SALVADOR DIAZ-VERSON'S
BUST TO MARTIRES DE GIRON PARK ON
S.W. 8 STREET AND 13 AVENUE.
11.
PERSONAL APPEARANCE: MARC
R 97-701
LICHTMAN -- APPROVE REQUEST FOR
10/14/97
WAIVER OF NOISE ORDINANCE FOR
HEALTH CRISIS NETWORK WHITE PARTY
WEEK VICTORY PARTY -- SCHEDULED FOR
11/29/97AT UNION PLAZA.
12. PERSONAL APPEARANCE: ROSALIND M 97-702
FORREST -- REFER TO PUBLIC WORKS AND 10/14/97
PARKS DEPARTMENTS REQUEST TO
CONSTRUCT OPENING INTO ALICE
WAINWRIGHT PARK FROM RICKENBACKER
CAUSEWAY -- SCHEDULE PUBLIC HEARING
AT LATER TIME.
14-15
15-18
iiE IN&*]
19-20
20-22
22-24
25-26
27-29
29-31
0
11
13.
PERSONAL APPEARANCE: LUIS VALEIRAS --
DISCUSSION 31-39
REFER TO CITY MANAGER FOR REVIEW
10/14/97
ISSUE OF FEES FOR SIDEWALK CAFES IN
COCONUT GROVE -- REVIEW / RETURN TO
COMMISSION WITH PROPOSED
REGULATIONS MORE BUSINESS FRIENDLY
TO SMALL BUSINESSES.
14.
PERSONAL APPEARANCE: MARTHA
M 97-703 40-43
MELAHN -- REFER TO STREET
10/14/97
CODESIGNATION COMMITTEE REQUEST TO
RENAME STREETS IN COCONUT GROVE
WITH DUPLICATED STREET NAMES --
FURTHER SCHEDULE PUBLIC HEARING
FOR FIRST MEETING IN JANUARY.
15.
PERSONAL APPEARANCE: DR. ROBERTO
R 97-704 43-46
RODRIGUEZ ARAGON FROM JUNTA
10/14/97
PATRIOTICA CUBANA TO EXPRESS
CONCERNS OVER HEALTH ISSUES IN CUBA
(CONJUNTIVITIS AND DENGUE VIRUSES)
WHICH AFFECT SOUTH FLORIDA --
FURTHER REQUESTING QUARANTINE FOR
TRAVELERS RETURNING TO SOUTH
FLORIDA FROM CUBA.
16.
PERSONAL APPEARANCE: AUBREY
M 97-705 46-54
JOHNSON -- REVIEW REQUEST FOR CITY
10/14/97
TO DONATE PROPERTY AT 1009 N.W. 5TH
AVENUE TO MIAMI COMMUNITY POLICE
BENEVOLENT ASSOCIATION -- DESIGNATE
LOCATION AS HISTORIC PRESERVATION
SITE.
17.
PROPOSED EMERGENCY ORDINANCE:
ORDINANCE 54-57
AMEND ORDINANCE 11409 ESTABLISHING
11556
"GANG REDUCTION ACTIVITIES AND
10/14/97
SPORTS PROGRAM" -- INCREASE
APPROPRIATIONS TO FUND BY $237,515.
18.
PROPOSED EMERGENCY ORDINANCE:
ORDINANCE 57-59
ESTABLISH NEW REVENUE FUND "STOP
11557
VIOLANCE AGAINST WOMEN" --
10/14/97
APPROPRIATE FUNDS $227,032 ($150,000
STATE GRANT / $77,032 MIAMI IN -KIND
MATCHING FUNDS).
19.
PROPOSED SECOND READING
ORDINANCE 59-60
ORDINANCE: ESTABLISH SPECIAL
11558
REVENUE FUND "MIAMI CITY HALL MASTER
10/14/97
PLAN" PROJECT GRANT -- APPROPRIATE
$15,000.
20.
PROPOSED FIRST READING ORDINANCE:
FIRST
AMEND CHAPTER 46 OF CODE "PUBLIC
READING
NUISANCES" TO AMEND DEFINITIONS /
ORDINANCE
CHANGE REQUIREMENTS FOR NOTICE /
10/14/97
PROVIDE FOR FINES TO BE LIENED --
FURTHER COMMENTS REGARDING LOT
CLEARING ORDINANCE.
21.
PROPOSED FIRST READING ORDINANCE:
FIRST
AMEND ZONING ORDINANCE 11000 --
READING
DELETE SUBSECTION 1104.4 THROUGH
ORDINANCE
1104.4.1 FROM ARTICLE 11 -- SUBSTITUTE
10/14/97
SUBSECTION 926.15.2.1 IN ARTICLE 9 --
AMEND SUBSECTION 926.15.2 TO ALLOW
TEN BILLBOARDS.
22.
DISCUSS / DEFER CONSIDERATION OF
DISCUSSION
AGENDA ITEM 19 (AUTHORIZE AGREEMENT
10/14/97
WITH PUBLIC HEALTH TRUST TO
COORDINATE EMERGENCY MEDICAL
SERVICES PROVIDED BY CITY FIRE -
RESCUE TO JACKSON MEMORIAL
HOSPITAL).
23.
APPROVE INCREASE OF $15,000 TO
R 97-706
PROFESSIONAL SERVICES AGREEMENT OF
10/14/97
BERMELLO AJAMIL & PARTNERS -- FOR
REFURBISHMENT OF MIAMI RIVERSIDE
CENTER -- ALLOCATE FUNDS FROM CIP
PROJECT 311042 -- DIRECT
ADMINISTRATION TO PREPARE
COMPARATIVE ANALYSIS OF COSTS
INVOLVED.
24.
AMEND R96-240 -- INCREASE CONTRACT
R 97-707
WITH JULES BROS UNIFORMS, INC. BY
10/14/97
$75,000.
25.
AUTHORIZE SETTLEMENT: TARAFA
R 97-708
CONSTRUCTION, INC. CASE 90-49590-CA
10/14/97
(01)--ALLOOCATE FUNDS FROM SELF-
INSURANCE TRUST FUNDS CODE 424401-
661.
26.
SAM MASON CONGRATULATES
DISCUSSION
COMMISSION FOR OCTOBER 12TH YOUTH
10/14/97
DAY AT MELREESE GOLF COURSE.
27. AUTHORIZE CITY MANAGER TO ENGAGE R 97-709
ROBERTS. GLAZIER, ESQ. TO SERVE AS 10/14/97
COUNSEL -- FOR APPEAL IN MICHAEL GOLD
VS. CITY CASE 92-1673-CIV-KEHOE --
ALLOCATE $18,000 FROM SELF-INSURANCE
TRUST FUNDS CODE 424401-652.
60-62
62-65
69-71
72
72-75
28. AUTHORIZE CITY MANAGER TO ENGAGE R 97-710
SERVICES OF OUTSIDE COUNSEL OR TITLE 10/14/97
INSURANCE COMPANY --FOR TITLE
INSURANCE FOR CITY PROPERTIES --
ALLOCATE $30,000 FROM ACCT. 920205-250.
29. RATIFY / APPROVE / CONFIRM EMERGENCY R 97-711
FINDING -- WAIVE COMPETITIVE SEALED 10/14/97
BIDS -- APPROVE EMERGENCY PURCHASE
OF COMPUTER GRAPHICS SYSTEM FROM
AVATAR SYSTEMS -- FOR PLANNING AND
DEVELOPMENT -- ALLOCATE $16,989 FROM
ACCT. 660101-840.
30. AMEND R97-73 -- FOR SPECIAL EXCEPTION R 97-.712
FROM ZONING ORDINANCE ARTICLE 4, 10/14/97
SECTION 401 TO PERMIT HEALTH CLINIC AT
1900 BRICKELL AVENUE WITH CONDITIONS.
31. (A) DISCUSS / TABLE TO LATER IN SESSION
CONSIDERATION OF AGENDA ITEM 27 10/14/97
(APPROVE SALE OF MUNICIPAL JUSTICE
BUILDING AT 1145 NW 11 STREET) -- SEE
LABEL 46.
(B) DISCUSS POLICY OF PAYMENT IN LIEU
OF TAXES (PILOT) AS CONDITION TO
ACQUIRE REALTY PARCEL.
32.
AUTHORIZE CITY MANAGER TO EXECUTE
R 97-713
AGREEMENT WITH ALL AMERICAN
10/14/97
FOOTBALL LEAGUE -- FOR USE OF ORANGE
BOWL AS HOME FIELD.
33.
RATIFY / APPROVE / CONFIRM EMERGENCY
R 97-714
FINDING -- WAIVE SEALED BIDS -- APPROVE
10/14/97
EMERGENCY PURCHASE OF E911
MAINTENANCE FOR POLICE FROM LUCENT
TECHNOLOGIES -- ALLOCATE $50,000 FROM
ACCT. 196002.290461.6. 670.
34.
UNION PRESIDENTS RECOGNIZE CITY
DISCUSSION
COMMISSION'S LEADERSHIP ROLE IN SAVE
10/14/97
MIAMI CAMPAIGN.
35.
DIRECT CITY MANAGER TO NEGOTIATE
M 97-715
WITH BLACK DOOR DANCE ENSEMBLE, INC.
10/14/97
USE OF CITY BUILDING AT 422 N.W. 40
STREET (NEW BETHLEHEM BAPTIST
CHURCH).
36.
RECONSIDER DEFERRAL OF CA16 --
M 97-716
APPROVE EXECUTION OF LEASE
R 97-716.1
AGREEMENT WITH MARUIZ HOTEL
10/14/97
CORPORATION, INC -- FOR LEASE OF
BUILDING AT 800 N.E. 1 AVENUE FOR
HOMELESS PROGRAM -- SEE LABEL 2.
75-76
76-77
77-83
83-87
90-92
93
94-97
97-99
•
C�
37.
RECONSIDER DEFERRAL OF CA-18 --
M 97-717 99-100
ACCEPT BID: MEF CONSTRUCTION, INC --
R 97-717.1
FOR SAFETY INFRASTRUCTURE REPAIR
10/14/97
PROJECT B-4599 -- SEE LABEL 2.
38.
INSTRUCT MANAGER TO REQUEST
M 97-718 100-104
PROPOSALS FROM CONSULTANTS TO
10/14/97
STUDY TRAFFIC AND ILLEGAL DUMPING
PROBLEMS AT PRODUCE MARKET IN
ALLAPATAH -- ALLOCATE $15,000 --
FURTHER INSTRUCTING MANAGER TO
RETURN TO CITY COMMISSION FOR
CONTRACT AWARD.
39.
(A) APPROVE $500,000 LOAN OF
R 97-719 104-109
COMMUNITY DEVELOPMENT
M 97-720
BLOCK GRANT FUNDS -- FOR DOWNTOWN
M 97-721
MIAMI COMMUNITY DEVELOPMENT
10/14/97
COALITION'S WEST BRICKELL
APARTMENTS PROJECT.
(B) APPROVE / REAFFIRM CITY
COMMISSION POLICY THAT PREVENTS
LOAN RECIPIENTS FROM USING PLEDGED
COLLATERAL FOR FURTHER FINANCIAL
TRANSACTIONS WITHOUT COMMISSION
APPROVAL.
40.
AUTHORIZE CITY MANAGER TO EXECUTE
R 97-722 109-110
AGREEMENT TO MODIFY MIAMI / BAHAMAS
10/14/97
GOOMBAY FESTIVAL IN COCONUT GROVE,
INC. -- EXTEND MATURITY DATE -- MODIFY
REPAYMENT TERMS OF PRINCIPAL.
41.
APPROVE FUNDING FOR FIVE SERVICE
R 97-723 110-112
PROVIDERS -- FOR HOUSING ASSISTANCE
10/14/97
TO LOW INCOME PERSONS WITH HIV /
AIDS -- DIRECT ADMINISTRATION TO
PROVIDE STATUS REPORTS MONITORING
$9,000,000 HOPWA FUND FOR HOUSING
ASSISTANCE,
42.
DIRECT ADMINISTRATION TO REVIEW
M 97-724 113-114
CHAIN LINK FENCES REGULATIONS ON
10/14/97
BISCAYNE BOULEVARD -- ADDRESS
REQUEST FROM COMMUNITY MEMBERS
SOUTH OF 36 STREET ON BISCAYNE FOR
CHAIN LINK FENCES.
43.
APPROVE BUYING FATHER FELIX VALERA
M 97-725 115-116
POSTAGE STAMPS FOR COMMISSIONERS'
10/14/97
OFFICIAL USE FOR SPECIFIED PERIOD OF
TIME.
•
44.
DISCUSS / TABLE TO LATER IN SESSION
DISCUSSION
CONSIDERATION OF AGENDA ITEM 37
10/14/97
(PROPOSED LEASE AGREEMENT WITH
ALAMILLA AND ASSOCIATES FOR
PROPERTY AT 1000 SOUTH MIAMI AVENUE-
FIREFHOUSE FOUR RESTAURANT) -- SEE
LABEL 47.
45.
APPROVE $37.6 MILLION SALE OF FLORIDA
R 97-726
EAST COAST (FEC) TRACT TO DADE
10/14/97
COUNTY WITH CONDITIONS -- FURTHER
DISCUSS ISSUES OF ENVIRONMENTAL
CLEANUP AND POSSIBLE CITY DAMAGES IN
PENDING LAWSUIT.
46.
DEFER CONSIDERATION OF AGENDA ITEM
M 97-727
27 (PROPOSED SALE OF MUNICIPAL
10/14/97
JUSTICE BUILDING AT 1145 N.W. 11
STREET) -- FURTHER DIRECTING MANAGER
TO WAIT MINIMUM OF 30 DAYS BEFORE
RESCHEDULING ISSUE AGAIN -- FURTHER
REQUESTING FROM DADE COUNTY TO
PROCESS HOMELESS AT NORTH
FACILITY -- SEE LABEL 31.
47.
DIRECT CITY MANAGER TO REQUEST FINAL
M 97-728
PROPOSAL FROM ALAMILLA AND
10/14/97
ASSOCIATES, CORP. -- FOR LEASE OF
FIREHOUSE FOUR RESTAURANT AT 1000
SOUTH MIAMI AVENUE -- FURTHER
DIRECTING MANAGER TO SCHEDULE ITEM
FOR COMMISSION MEETING OF OCTOBER
28, 1997 -- SEE LABEL 44.
48.
AUTHORIZE STUDIES / LEGISLATION IN
M 97-729
CONNECTION WITH RESTRICTED USE OF
10/14/97
ALLEY ADJACENT TO 2530 S.W. 3 AVENUE --
FURTHER SCHEDULING PUBLIC HEARING
FOR OCTOBER 28, 1997 MEETING.
49.
DIRECT ADMINISTRATION TO MEET WITH
M 97-730
CODEC, INC FOR DEVELOPMENT OF
10/14/97
MELROSE TOWNHOME AFFORDABLE
HOUSING PROJECT FOR ELDERLY.
50.
BRIEFLY DISCUSS / DEFER
DISCUSSION
CONSIDERATION OF AGENDA ITEM 43
10/14/97
(DISCUSSION OF "THE MIAMI HERALD" AND
"MIAMI TODAY' ARTICLES REGARDING
COMPTROLLERS POSITION AND CITY
BUDGET CUTS RESPECTIVELY) UNTIL
FURTHER NOTICE.
116-119
119-131
131-133
133-143
144-146
146-149
149-150
0
•
51.
AUTHORIZE EXECUTION OF AGREEMENT
R 97-731
150-152
WITH SYNCHRON PARKING SYSTEMS,
10/14/97
INC -- FOR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS LOAN FOR
CONSTRUCTION FINANCING OF MIRAMAR
CENTER TOWER 1 PROJECT.
52.
AUTHORIZE ACCEPTANCE OF STATE
M 97-732
153-154
GRANT FUNDS TO REMOVE DERELICT
10/14/97
VESSELS.
53.
BRIEF DISCUSSION REGARDING OUT -OF
DISCUSSION
154
SERVICE STREET LIGHTS IN CITY.
10/14/97
54.
BRIEF DISCUSSION REGARDING STATUS
DISCUSSION
154-155
UPDATE ON POTENTIAL LAWSUIT AGAINST
10/14/97
DELOITTE & TOUCHE.
55.
BRIEF DICUSSION REGARDING
DISCUSSION
155
ADMINISTRATION'S REPORT ON OFF
10/14/97
STREET PARKING DEPARTMENT.
56.
BRIEF COMMENTS REGARDING PERMIT
DISCUSSION
155-156
NEEDED BY PERUVIAN EMBASSY
10/14/97
REPRESENTATIVES FOR ANNUAL MARCH.
57.
APPOINT ANN LEVENSON TO CODE
R 97-733
156
ENFORCEMENT BOARD.
10/14/97
58.
(A) AUTHORIZE $6,000 PAYMENT TO
R 97-734
157-160
U.S.POSTAL SERVICE -- FOR MASS MAILING
10/14/97
OF NOTICES TO CITY VOTERS FOR
NOVEMBER 5, 1997 MUNICIPAL
ELECTIONS -- ALLOCATE FUNDS FROM
ACCT. CODE 921102-534.
(B) DISCUSS NEED TO DISSEMINATE
PRECINCT CHANGES -- FURTHER ADDRESS
NEED TO ENCOURAGE CITIZENS TO VOTE.
59.
APPOINT GRADY MOHAMED TO SERVE ON
R 97-735
160-161
CITYWIDE COMMUNITY DEVELOPMENT
10/14/97
ADVISORY BOARD.
60.
AUTHORIZE FUNDING OF HAVING
R 97-736
161-163
UNDERSTANDING GUIDANCE & SUPPORT
10/14/97
(HUGS) PROJECT -- ALLOCATE $35,000
FROM LAW ENFORCEMENT TRUST FUND.
61.
REFER TO MIAMI STREET CODESIGNATION
M 97-737
163-165
COMMITTEE PROPOSAL TO RENAME N.W.
10/14/97
12 STREET MOISES LIBER.
62.
BRIEF COMMENTS COMMENDING THE
DISCUSSION
165
FLORIDA MARLINS FOR REACHING WORLD
10/14/97
SERIES.
E
•
63. BRIEF COMMENTS 'REGARDINGRE- DISCUSSION
OPENING CEREMONY OF MELREESE GOLF 10/14/97
COURSE.
64. RESCHEDULE PLANNING AND ZONING M 97-738
PORTION OF NOVEMBER 25, 1997 AND 10/14/97
DECEMBER 9, 1997 MEETINGS TO BEGIN AT
2 P.M.
65. BRIEF COMMENTS REGARDING THE DISCUSSION
FLORIDA MARLINS RETURNING TO PLAY IN 10/14/97
MIAMI.
166-167
167-168
168-169
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 14th day of October, 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 9:12 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
NOTE FOR THE RECORD: Between 8:02 a.m., Vice Mayor
Regalado announced that the executive session had been
cancelled. Also in attendance were Commissioner Plummer and
Commissioner Gibson. Announcement ended at 8:03 a.m.
Vice Mayor Regalado: OK, good morning. We have a quorum. The executive session has been
cancelled, so this meeting is adjourned until 9:00 a.m. That's it.
Mayor Carollo: If we could all stand up for the invocation, please. Commissioner Gibson is
going to lead us in prayer.
An invocation was delivered by Commissioner Gibson, after which Mayor Carollo then
led those present in a pledge of allegiance.
NOTE FOR THE RECORD: Prior to the beginning of the meeting,
by memorandum, Administration had withdrawn the following
agenda items: CA-14, 6, 31, 41 and 42 were withdrawn.
October 14, 1997
E
CJ
-- -------------------------------------------------------------------------------------------------------------
1. PRESENTATIONS / PROCLAMATIONS.
JOHN HOLLIS - HONORARY FIRE CHIEF
END OF DISCUSSION
Mayor Carollo: OK, we are in item 1-A. Actually, it's item B. I got a hole through the B, here.
Commissioner Plummer: One we met, Mr. Mayor.
Mayor Carollo: Right, I know that was done before. It's approving the minutes of the following
meetings.
Commissioner Plummer: I move them.
Mayor Carollo: There is a motion by Commissioner Plummer.
Vice Mayor Regalado: Second.
Mayor Carollo: Second by Vice Mayor Regalado. All those in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays."
NOTE FOR THE RECORD: On motion duly made by
ommissioner Plummer and seconded by Vice Mayor Regalado,
the minutes of the Commission meetings of June 26, 1997, June
28, 1997, July 1, 1997, July 10, 1997, August 6, 1997 and August
8, 1997 were unanimously approved by the Commission.
----------------------------------------------------------------------------------------------------------------
2. CONSENT AGENDA -- SEE LABELS 36 AND 37.
Mr. Edward Marquez (City Manager): Mr. Mayor. Excuse me, sir. Item CA-15 is an additional
item that the administration wants to pull because there are a number of questions regarding it,
and we would like the opportunity to address that.
Mayor Carollo: OK, we are now pulling item C-15.
Commissioner Plummer: CA.
2 October 14, 1997
Mayor Carollo: OK, you're pulling CA-15, out?
Mr. Marquez: Yes, sir.
Commissioner Plummer: Mr. Mayor, I would like to pull five and 16.
Mayor Carollo: Commissioner Plummer would like to pull item five and six.
Commissioner Plummer: Sixteen.
Mayor Carollo: Five and 16?
Commissioner Plummer: Yes, sir. Which automatically puts them over to the next Commission
meeting.
Mayor Carollo: That's correct.
Commissioner Plummer: And, may I congratulate the Manager for putting much more on the
CA, Consent Agenda, than we have had in the past. But, also criticize because I saw at least ten
more items that I thought could have gone on there. And, when you can do them all in one
swoop, I think that that's really what we are trying to achieve and it's to your benefit also. So, I
congratulate you for trying, but try harder.
Mr. Marquez: We will. Thank you, sir.
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Yes, Commissioner.
Commissioner Gort: I only have one question, CA-18.
Mayor Carollo: Go ahead.
Commissioner Gort: The question is, my understanding the cost estimate by our... was four
hundred and thirty-two thousand dollars ($432,000). And, the debt that came in was 55 percent
under for 246,425. I mean, we are talking about a 55 percent difference, I need to know why so
much of a difference.
Commissioner Plummer: You mean between the estimate and the bid?
Commissioner Gort: Yeah. If you want to bring it back this afternoon, but I would like to know
that.
Mr. Jim Kay (Interim Director): I would like to bring that back this afternoon, if I could, yeah.
Commissioner Gort: Thank you.
Mayor Carollo: OK, 18 is going to be brought back for this afternoon.
Commissioner Plummer: Mr. Mayor, if I may, just so when it comes back the next time. On
CA-5, Mr. Manager, my question will be as to whether or not all these firms that have been
selected are in the City of Miami? And, on CA-16, my question will be, if we are asking that the
money for the welfare people be moved out into a free facility, why aren't we putting the
homeless also in a free facility instead of paying seventeen hundred dollars (1,700)? And, that's
what I'll be asking for when it comes back.
3 October 14, 1997
•
Mr. Marquez: Yes, sir.
Commissioner Plummer: Maybe that will help you out a little bit.
Mayor Carollo: Are there any further questions from members of the Commission on any items
that are on the Consent Agenda?
Commissioner Plummer: Mr. Mayor, no one is coming forward.
Commissioner Gort: Move it.
Commissioner Plummer: I second the Consent Agenda.
Mayor Carollo: OK, there is a motion by Commissioner Gort, second by Commissioner
Plummer. Now, is there anyone from the public that would like to address this body on any item
on the Consent Agenda? OK, hearing no one that would like to address this Commission on the
Consent Agenda, all in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays."
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 GORT AND SECONDED BY
COMMISSIONER PLUMMER, THE CONSENT
AGENDA ITEMS WERE PASSED BY THE
FOLLOWING VOTE:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
4 October 14, 1997
2.1 ACCEPT BID: MARTIN ASSOCIATES OF SOUTH FLORIDA -- FOR LASE
PRINTER SUPPLIES CITYWIDE -- ALLOCATE $32,716.42 FROM USER
BUDGETS.
RESOLUTION NO. 97-682
A RESOLUTION ACCEPTING THE BID OF MARTIN ASSOCIATES
OF SOUTH FLORIDA, INC., FOR THE FURNISHING OF CITYWIDE
LASER PRINTER SUPPLIES ON AN AS NEEDED, WHEN NEEDED
CONTRACT BASIS, FOR ONE (1) YEAR WITH THE OPTION TO
EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS TO
VARIOUS CITY DEPARTMENTS, AT A TOTAL ESTIMATED
ANNUAL AMOUNT OF $32,716.42; ALLOCATING FUNDS
THEREFOR FROM FY'97-98 BUDGETS OF THE VARIOUS USER
CITY DEPARTMENTS; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR THESE SUPPLIES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.2 ACCEPT BID: AFTER HOURS CLEANING SERVICE -- FOR CUSTODIAL
SERVICES -- FOR SOLID WASTE DEPARTMENT -- ALLOCATE $9,480 FROM
GSA ACCT. CODE 513000.421001.6.340.
RESOLUTION NO. 97-683
A RESOLUTION ACCEPTING THE BID OF AFTER HOURS
CLEANING SERVICE, FOR THE FURNISHING OF CUSTODIAL
SERVICES FOR THE DEPARTMENT OF SOLID WASTE, ON A
CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO
EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT
A TOTAL PROPOSED ANNUAL AMOUNT OF $9,480.00;
ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION, ACCOUNT CODE NO.
513000.421001.6.340; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS SERVICE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
5 October 14, 1997
0
2.3 ACCEPT BID: MARIN & MARIN CONSTRUCTION, INC. -- FOR MORNINGSIDE
SEAWALL IMPROVEMENTS PROJECT B-4596 -- ALLOCATE $40,150 FROM CIP
PROJECT 341170.
RESOLUTION NO. 97-684
A RESOLUTION ACCEPTING THE BID OF MARIN & MARIN
CONSTRUCTION, INC., (BIDDER) in the amount of $29,650.00
TOTAL BID, FOR THE PROJECT ENTITLED: "MORNINGSIDE
SEAWALL IMPROVEMENTS PROJECT, B-4596"; ALLOCATING
FUNDS THEREFOR FROM PROJECT 341170, AS APPROPRIATED
BY THE FISCAL YEAR 1995-96 CAPITAL IMPROVEMENT
ORDINANCE NO. 11337, AS AMENDED, IN THE AMOUNT OF
$29,650.00 TO COVER THE CONTRACT COST AND $10,500.00 TO
COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED
TOTAL COST OF $40,150.00; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH THE SUCCESSFUL
BIDDER, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.4 ACCEPT BID: GROVE NURSERY, INC. -- FOR VIRGINIA STREET
LANDSCAPING PROJECT B-4598 -- ALLOCATE $25,000 FROM CIP PROJECT
341170.
RESOLUTION NO. 97-685
A RESOLUTION ACCEPTING THE BID OF GROVE NURSERY,
INC., (BIDDER) IN THE AMOUNT OF $20,977.05 TOTAL BID FOR
THE PROJECT ENTITLED: "VIRGINIA STREET LANDSCAPING
PROJECT, B-4598"; ALLOCATING FUNDS THEREFOR FROM
PROJECT NO. 341170, AS APPROPRIATED BY THE FISCAL YEAR
1995-1996 CAPITAL IMPROVEMENT ORDINANCE NO. 11337, AS
AMENDED, IN THE AMOUNT OF $20,977.05 TO COVER THE
CONTRACT COST AND $4,022.95 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL COST $25,000.00; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT, WITH THE SUCCESSFUL BIDDER, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
6 October 14, 1997
2.5 AUTHORIZE $15,400 FROM COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS PROJECT 799602 -- FOR REHABILITATION OF BUSINESSES IN EDISON
/ LITTLE RIVER AREA UNDER COMMERCIAL FACADE PROGRAM.
RESOLUTION NO. 97-686
A RESOLUTION AUTHORIZING THE ALLOCATION OF FIFTEEN
THOUSAND, FOUR HUNDRED ($15,400.00) DOLLARS FROM
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (PROJECT
799602), FOR THE REHABILITATION OF ELEVEN (11)
BUSINESSES LOCATED IN THE EDISON/LITTLE RIVER AREA
UNDER THE CITYWIDE COMMERCIAL FACADE PROGRAM;
SAID FUNDS TO BE DISBURSED AS HEREIN SPECIFIED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.6 AUTHORIZE $7,000 ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS PROJECT 799613 -- FOR REHABILITATION OF ONE BUSINESS
IN OVERTOWN IN CONJUNCTION WITH COMMERCIAL CODE COMPLIANCE
PROGRAM.
RESOLUTION NO. 97-687
A RESOLUTION ALLOCATING FUNDS IN THE AMOUNT OF
$7,000 FROM COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS, PROJECT NO. 799613, FOR THE REHABILITATION OF
ONE BUSINESS LOCATED IN THE OVERTOWN TARGET AREA,
IN CONJUNCTION WITH THE COMMERCIAL CODE
COMPLIANCE PROGRAM, SAID ALLOCATION TO BE BASED
UPON A 70% - 30% MATCH BETWEEN THE CITY OF MIAMI AND
THE BUSINESS OR PROPERTY OWNER.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
yd—Tape 1 7 October 14, 1997
0
2.7 AUTHORIZE $53,250 FOR FUNDING OF POLICE COURT OVERTIME
REDUCTION PROJECT -- ALLOCATE FUNDS FROM LAW ENFORCEMENT
TRUST FUND PROJECT 690003.
RESOLUTION NO. 97-688
A RESOLUTION AUTHORIZING THE FUNDING OF THE DADE
COUNTY ASSOCIATION OF CHIEFS OF POLICE, COURT
OVERTIME REDUCTION PROJECT, IN AN AMOUNT NOT TO
EXCEED $53,250,00; ALLOCATING FUNDS THEREFOR, FROM
THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003,
SUCH EXPENDITURES HAVING BEN 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.)
2.8 AMEND SECTION 2 OF R97-572 (ACCEPT GRANT FOR DEVELOPMENT OF
WHHEELCHAIR ACCESIBLE TRAILS AT SIMPSON PARK) -- INCREASE GRANT
AWARD FROM FLORIDA ENVIRONMENTAL PROTECTION AGENCY FROM
$42,000 TO $50,000.
RESOLUTION NO. 97-689
A RESOLUTION AMENDING SECTION 2 OF RESOLUTION NO. 97-
572, ADOPTED SEPTEMBER 9, 1997, WHICH ACCEPTED TWO
GRANTS FOR THE DEVELOPMENT OF A WHEELCHAIR
ACCESSIBLE TRAIL AT SIMPSON PARK FROM THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION AGENCY
(EPA) AND METROPOLITAN DADE COUNTY, THEREBY
INCREASING THE GRANT AWARD FROM THE FLORIDA
DEPARTMENT OF EPA IN THE AMOUNT OF $8,000, FROM $42,000
TO $50,000; AUTHORIZING THE CITY MANAGER TO EXECUTE
THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, TO EVIDENCE ACCEPTANCE OF SAID
INCREASED GRANT AWARD.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
8 October 14, 1997
•
•
2.9 INCREASE CONTRACT WITH PHYSIO CONTROL CORPORATION -- FOR
REPAIR AND MAINTENANCE SERVICES OF FIRE -RESCUE CARDIAC LIFE
SUPPORT EQUIPMENT -- ALLOCATE $25,872 FROM ACCT. 105000.280502.6.670.
RESOLUTION NO. 97-690
A RESOLUTION AUTHORIZING AN INCREASE, IN THE AMOUNT
OF $25,872.00 IN THE CONTRACT WITH PHYSIO CONTROL
CORPORATION, FOR FISCAL YEAR 1995-1997, FOR REPAIR AND
MAINTENANCE. SERVICES OF THE DEPARTMENT OF FIRE -
RESCUE'S CARDIAC LIFE SUPPORT EQUIPMENT; ALLOCATING
FUNDS THEREFOR FROM ACCOUNT CODE NO.
105000.280502.6.670; FURTHER AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR SAID SERVICE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.10 INCREASE FUNDING OF CRIME STOPPERS OF DADE COUNTY --TO REWARD
TIPSTERS WHO HELP SOLVE MAJOR CRIMES -- ALLOCATE $7,000 FROM
LETF PROJECT 690003.
RESOLUTION NO. 97-691
A RESOLUTION AUTHORIZING THE FUNDING OF CRIME
STOPPERS OF DADE COUNTY, IN THE AMOUNT OF $7,000, TO
BE USED AS A REWARD FOR TIPS AND/OR INFORMATION THAT
LEAD TO THE ARREST AND CONVICTION OF OFFENDERS WHO
COMMIT MAJOR CRIMES IN THE MIAMI AREA; ALLOCATING
FUNDS THEREFOR FROM THE POLICE DEPARTMENT LAW
ENFORCEMENT TRUST FUND, PROJECT 690003, SUCH
EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF
POLICE AS COMPLYING WITH THE DEPARTMENT OF THE
TREASURY'S "GUIDE TO EQUITABLE SHARING."
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
9 October 14, 1997
2.11 SUPPORT / ENDORSE EFFORTS TO USE ALTERNATIVE TRANSPORTATION
FUELS TO IMPROVE AIR QUALITY.
RESOLUTION NO. 97-692
A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING
AND ENDORSING THE GOALS AND OBJECTIVES OF THE
UNITED STATES DEPARTMENT OF ENERGY AND THE FLORIDA
GOD COAST CLEAN CITIES COALITION IN THEIR EFFORTS TO
IDENTIFY AND IMPLEMENT THE USE OF ALTERNATIVE
TRANSPORTATION FUELS IN ORDER TO IMPROVE AIR
QUALITY; FURTHER AUTHORIZING THE CITY MANAGER TO
IDENTIFY MUNICIPAL FLEET VEHICLES THAT CAN BE
OPERATED BY SAID ALTERNATIVE TRANSPORTATION FUELS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.12 AUTHORIZE INSTALLATION OF STATUE HONORING MARY BRICKELL IN
MEDIAN AREA OF BRICKELL AVENUE AT APPROXIMATELY 6 STREET.
RESOLUTION NO. 97-693
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE
INSTALLATION OF A STATUE HONORING MARY BRICKELL IN
THE MEDIAN AREA OF BRICKELL AVENUE AT
APPROXIMATELY S.E. 6TH STREET, MIAMI, FLORIDA; FURTHER
ACCEPTING THE OFFER BY THE DOWNTOWN DEVELOPMENT
AUTHORITY TO MAINTAIN SAID STATUE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
10 October 14, 1997
2.13 APPROVE FORM OF CHANGES TO INTERLOCAL AGREEMENT OF SUNSHINE
STATE GOVERNMENTAL FINANCING COMMISSION -- APPROVE LOCAL
GOVERNMENTAL UNITS FOR MEMBERSHIP TO SUNSHINE STATE
GOVERNMENTAL FINANCING COMMISSION.
RESOLUTION NO. 97-694
A RESOLUTION (WITH ATTACHMENT) OF THE CITY OF MIAMI,
FLORIDA APPROVING THE FORM OF THE CHANGES TO THE
INTERLOCAL AGREEMENT OF THE SUNSHINE STATE
GOVERNMENTAL FINANCING COMMISSION, AUTHORIZING
THE APPROPRIATE OFFICIALS TO APPROVE CERTAIN
CHANGES, INSERTIONS, ADDITIONS AND DELETIONS TO SUCH
DOCUMENTS; APPROVING LOCAL GOVERNMENTAL UNITS
FOR MEMBERSHIP TO THE SUNSHINE STATE GOVERNMENTAL
FINANCING COMMISSION; AUTHORIZING THE USE OF THE
EXCESS INTEREST INCOME FROM THE SUNSHINE STATE
GOVERNMENTAL FINANCING COMMISSION'S SECONDARY
ACCOUNT AND DEBT SERVICE RESERVE TO FUND A NEW
COMMERCIAL PAPER PROGRAM; AUTHORIZING THE
EXECUTION OF AMENDMENTS TO VARIOUS LOAN
AGREEMENTS BETWEEN THE CITY OF MIAMI AND THE
SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION
IN CONNECTION WITH THE REPLACEMENT OF THE LIQUIDITY
FACILITY SECURING COMMERCIAL PAPER REVENUE NOTES
AND THE MAKING OF AMENDMENTS BY THE COMMISSION TO
TRUST INDENTURE AUTHORIZING SUCH NOTES; DESIGNATING
THE REPRESENTATIVE TO THE SUNSHINE STATE
GOVERNMENTAL FINANCING COMMISSION; PROVIDING
CERTAIN OTHER DETAILS IN CONNECTION THEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
11 October 14, 1997
2.14 ACCEPT $654,500 GRANT FORM FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS TO EXPAND JOSE MARTI RIVERFRONT PARK.
RESOLUTION NO. 97-695
A RESOLUTION WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO ACCEPT A GRANT IN THE AMOUNT OF
$654,500.00 FROM THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS, FLORIDA COMMUNITIES TRUST, TO EXPAND JOSE
MARTI RIVERFRONT PARK; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, AND ANY OTHER NECESSARY
DOCUMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THE ACCEPTANCE AND THE
IMPLEMENTATION OF SAID GRANT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
---------- --------------------------------------------- ------------------------------------------- --------------
3. CONSOLIDATE COMMISSION MEETINGS OF NOVEMBER AND
DECEMBER -- RESCHEDULE REGULAR CITY COMMISSION MEETING
FOR NOVEMBER TO NOVEMBER 25, 1997 -- RESCHEDULE PLANNING
AND ZONING COMMISSION MEETING OF DECEMBER TO BE HELD
DECEMBER 9, 1997.
Commissioner Plummer: Mr. Mayor, in a housekeeping item, the Manager in discussing with a
number of the people, for the months of November and December traditionally, this Commission
has had one meeting which was two meetings to comply with the Charter. And, it is
recommended that in November, because of the Thanksgiving holidays that we go to November
the 25th as a double meeting. And, in December that the meeting remain as December 9, and it
likewise be a double meeting. Predicated on that, and no one having any objections, I will move
that that becomes a resolution of the City. I so move.
Commissioner Gort: Second.
Mayor Carollo: There is a motion, there is a second. Any further discussion from members of
the Commission? Hearing none, all those in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays."
12 October 14, 1997
•
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-696
A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY COMMISSION
MEETING OF NOVEMBER TO TAKE PLACE ON NOVEMBER 25, 1997, AT 9:00
A.M., FURTHER RESCHEDULING THE SECOND REGULAR CITY COMMISSION
MEETING OF NOVEMBER TO TAKE PLACE ON NOVEMBER 25, 1997, AT 2:00
P.M.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mayor Carollo: Commissioners... Yes.
Commissioner Gibson: Let the record reflect that I won't be here. So, I am voting for somebody
else.
Commissioner Plummer: Well, I hear there is 14 lawsuits being filed against the election and
you still might be here.
13 October 14, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-696.1
A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY COMMISSION
MEETING OF DECEMBER TO TAKE PLACE ON DECEMBER 9, 1997, AT 2:00
P.M.
(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.
----------------------------------------------------------------------------------------------------------------
4. PRESENTATIONS.
YVONNE HINDS -- FIRST LADY OF GUAYANA -- KEY TO THE CITY.
COMMISSIONER J.L. PLUMMER -- 27TH ANNIVERSARY IN THE CITY
COMMISSION.
Mayor Carollo: We now have the first lady of Guayana that is in our presence. Commissioner
Gibson is going to be presenting her with the key to the City on behalf of this Commission.
Commissioner, you have got to put your coat for this one, seriously. This is a very important
presentation.
Commissioner Plummer: Now, I know what I saw in the office.
Commissioner Gibson: Well, this is the day that the Lord has made. And, we are so pleased to
have a Commissioner who has been with us for 27 years and this is the anniversary of his 27th
year as a Commissioner in the City of Miami. And his staff is really honoring him today with a
cigar because it's symbolic. [APPLAUSE]
Commissioner Gort: I thought it was full of money in it.
Commissioner Plummer: OK, all right, thank you. [APPLAUSE] OK, let me see it.
Mayor Carollo: Congratulations.
Commissioner Plummer: Thank you, sir.
14 October 14, 1997
Mayor Carollo: Well, I guess we found out that the Commissioner has more than just a lot of hot
air. He couldn't blow the candles.
Commissioner Plummer: Right. Mr. Mayor, it's amazing that technically, I have been with the
City for 30 years because I served three years on the Zoning Board prior to going on the City
Commission. But, it has been my pleasure, my honor to be a part of this City which I was born
in, which I will never leave and I want to see it continue. So be it. And, I thank you.
Mayor Carollo: Congratulations, Commissioner.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
5. MAYOR CAROLLO COMMENTS ON "THE MIAMI HERALD" ARTICLE
OF OCTOBER 14, 1997 REGARDING CITY'S FINANCIAL CRISIS --
DIRECT CITY MANAGER TO DISSEMINATE THROUGH NET-9 AND
RADIO SERVICES CITY'S EFFORTS TO OVERCOME FINANCIAL CRISIS.
Mayor Carollo: Mr. Manager, before we move on from the Consent Agenda that was just passed
to item three. I have been reading an article that appeared this morning in The Miami Herald
and there were I believe, some other articles that appeared in another publication. The other
publication that was written was stating that there indeed was no financial crisis. That somehow,
over 100 plus people conspired to deceit the public and the whole world that we had a financial
crisis. In the story in today's Herald, while I think the City's position was made clear, it was
towards the end of the story, a very long story that a lot of people might not have read the full
story. At the same time, there are some local radio stations, at least one that I know of, that is
only under the disguise of presenting news or presenting one story saying that there is no deficit
by the former Manager and not giving any of the facts as the City and our financial consulting
firm has stated. I think it is very important for this City to establish the facts as they are. We
have gone through the worst time in our City's history where my colleagues and I, and you and
every employee of this City has sacrificed tremendously so that now, a handful of demagogries
that were the ones responsible for this City having gone through what it did, and at the same time
were the ones that benefited from the problems that they left us, to be out there trying to confuse
the public, trying to lie and deceit to the public and somehow create the image that there was
never any crisis. And, everyone from the State Auditor General to the Governor, from Mr.
Stierheim to over 100 professionals from government and private enterprise, financial firms and
members of this Commission that somehow everyone was involved in a big conspiracy to
deceive the public. Mr. Manager, and I don't know how my colleagues feel but, I want NET 9,
which is our cable channel to be used for one of the best uses that we can use it for as a public
channel from this City, to give the public the exact and true information as to what our financial
crisis was, what led us to it and what were the exact amounts in breakdowns that we had as a
deficit. And, how we overcame that financial crisis. Let's show where the monies came from.
Like for instance, the almost nineteen million dollars ($19,000,000) of cash that came from
Sports Authority. The over thirty plus million dollars that the employees of the City of Miami
gave up in raises, pension benefits and other benefits during a two year period. And, at the same
time, I would like for you to speak to the representatives of the different unions so that if they
would like to go on NET 9 and make any statement to that effect, that they are able to also do so.
Commissioners.
15 October 14, 1997
Ll
•
NOTE FOR THE RECORD: Place facts and not see as political
statement.
Commissioner Plummer: Mr. Mayor, the facts speak for themselves. And, those people who are
out making statements contrary to the facts, are not going to change their opinions and they are
not going to change their tactics. They are doing it to the best advantage. It's unfortunately a
political season . But as far as I am concerned, most of the people that I have spoken with, deal
with the facts. They know the facts and if what you are proposing is to put the facts out on Cable
9 before the people, one more time, as it's been done many times in the past, and that's the
reason I say, that it is not going to change those people who want to, not destroy the facts but
make them a different way, I have no problem with putting that on Cable 9, as an education
piece. I think it's the way it should be. But, you have to be very careful, Mr. Manager, that it's
not in any way construed as a political piece. So, I think, to put the facts on television,
absolutely. Lay it out there, let the people, the public make up their own mind when they have
the facts honestly, truthfully before them.
Vice Mayor Regalado: Mr. Mayor, I think it was about time. And, I always have said that NET
9 is underutilized. And, it's important that the community of Miami will look at the facts. And,
I think that in looking at what we have done and what J.L., said, yes, we have... gave to the
people of Miami the facts, but through long, very long, sometimes boring Commission meetings.
We need to prepare a set of programs to talk about how the crisis came about and how it was
resolved, and in graphics. Not, by just talking and replaying Commission meetings. Explain to
the people of Miami, first of all where was there money and how we were able to come out of
this crisis without hurting the little people of the City of Miami, and all the people of the City of
Miami. I believe that it's important, and yes, some people may claim that this will be a political,
another political conspiracy, but the people of Miami have the right to know. The people of
Miami deserve to learn the truth and if we can reach our population in both languages, I am sure
that at least we can point to NET 9 and say that they can get the right information, the unbiased
information. And, as a matter of fact, I would ask the Manager to consult with the Law
Department in order to offer the sound track of these programs to the Spanish and Anglo radio
stations for them to be played as a public service to the City of Miami. As you know, all the
radio stations need to have some PSA (Public Service Announcement) time throughout the week
and I am sure that this will be a way that we can show to the people of Miami that we are trying
to reach them in any way. And, it would also show -- thank you -- (sic)... It would show that the
media is willing to be unbiased and play this, what would be official, exact and accurate
information.
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Commissioner Gort.
16 October 14, 1997
Commissioner Gort: I think the confusion came about two weeks ago when the audit report
came out, and the audit report showed that the deficit from '95-'96 was not nineteen million
dollars ($19,000,000), that it was twenty-one million dollars ($21,000,000). And, I think that's
the number that they used. A lot of people did not understand. And, I did ask the Manager at
that time, to go to radio stations and explain to them because it's not that simple. We inherited a
deficit. We have a projected revenue, underprojected the expenses and I think that needs to be
explained again. Instead of 68, I think it's going to go up to 69. I think that after we... Not only
NET 9, but I agree with Commissioner Regalado, I think our staff should go to the radio stations
and show how the whole deficit was put together. First, the deficit that we inherited was... Now,
it's audited. It's there. We have got the right figures. They are not 19 they are 21. And, then
we need to continue the overprojections and that is,.. and under, and expenditure. I think the
people need to understand that. I think it is very important that they do understand that because
this has been very misunderstood and I think we should go to the regular talk shows and let
people know and get our professional staff and our unions to go court and do it.
Mayor Carollo: Yeah, what I think the public needs to hear and see is the exact amounts that we
had to raise to wipe the deficit away. The estimates that we were given was sixty-eight million,
and it was broken down in two parts. One was the deficit that we were carrying over from the
year '95 that was estimated by the professionals that came in as 19.4 million. The rest was what
we were going to be short.
Commissioner Plummer: Yeah.
Mayor Carollo: ... in this past fiscal year that just ended, this past... last day of September. The
auditors came in and found that the estimate of 19.4 million for the '95 fiscal year was actually
short. That it was 21.8. So, in fact, based upon the information that they found, we had a deficit
of slightly over seventy million dollars ($70,000,000), 70.4 approximately, not the 68 million
that was originally estimated. And, for individuals that were some of the ones that were taking
the money from the residents of this City. They were taking monies that belonged to the
employees of this City in checks for not doing anything, like was proven, and we showed checks
on that. For individuals had their family members hired in this City, that have a microphone or
have a newspaper at their disposal, to now be trying to purposely lie and say that there was no
deficit, that this has all been made up. I have never seen this done in any place in the world.
This is outrageous. And, Mr. Manager, this has to be answered by this City. We are now...
Commissioner, go ahead.
Commissioner Gibson: Well, I was just going to say the courts have already ruled on this, and I
think that we ought to take some warmth in the fact that they went to court, some homeowners
went to court and the courts decided that they were definitely wrong, and threw the case out. So,
I think we could take some comfort in knowing that this has gone through quite a bit of...
Mayor Carollo: You are very, very, correct, Commissioner Gibson. Even the famous lawsuit
that we were threatened with so much, when it was brought to the courts, the courts threw it out.
The lawsuit that was trying to claim there was no deficit, it was thrown out by the courts. Thank
you, Commissioner.
17 October 14, 1997
C,
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
6. WAIVE CONFLICT OF INTEREST CLAUSE PROHIBITING MEMBER OF
WATERFRONT ADVISORY BOARD (RICHARD A. BUNNELL) FROM
INSTALLING FLOATING DOCK AT MIAMARINA.
Commissioner Plummer: I move item three.
Mayor Carollo: Commissioner Plummer moves item three.
Commissioner Gort: Second.
Mayor Carollo: It's second by Commissioner Gort. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There is no "nays."
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-697
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 CITY OF MIAMI
WATERFRONT ADVISORY BOARD, IN RELATION TO HIS FIRM PROVIDING
CONSTRUCTION SERVICES FOR FURNISHING AND INSTALLING A FLOATING
DOCK AT MIAMARINA AS PART OF THE MIAMARINA RESTORATION
PROJECT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
18 October 14, 1997
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
7. RESCIND R97-731 WHICH RESTRICTED VEHICULAR ACCESS TO N.E. 55
TERRACE AT INTERSECTION WITH EAST SIDE OF NORTH BAYSHORE
DRIVE.
Commissioner Plummer: Move item four.
Mayor Carollo: Item four has been moved by Commissioner Plummer.
Vice Mayor Regalado: Second.
Mayor Carollo: Second by Vice Mayor Regalado. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
19 October 14, 1997
0 .0
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-698
A RESOLUTION WITH ATTACHMENT, RESCINDING RESOLUTION NO. 97-731,
ADOPTED OCTOBER 26, 1995, WHICH RESTRICTED VEHICULAR ACCESS TO
N.E. 55 TERRACE AT ITS INTERSECTION WITH THE EAST SIDE OF NORTH
BAYSHORE DRIVE IN THE CITY OF MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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.
----------------------------------------------------------------------------------------------------------------
8. PROPOSED FIRST READING ORDINANCE: AMEND SECTION 54-16 ,OF
CODE "PROHIBITION OF VEHICULAR ACCESS" -- ESTABLISH
PROCEDURE FOR REQUESTING VEHICULAR / PEDESTRIAN ACCESS
PROHIBITION TO PUBLIC ALLEYS.
Commissioner Plummer: Move item five.
Mayor Carollo: Item five has been moved by Commissioner Plummer.
Commissioner Plummer: And, with the understanding that any particular one that is to be closed
would have to come back before this Commission.
Mr. Jim Kay (Interim Director/Public Works): That is correct. They would have to come back.
I would like to add that this particular item, we have a number of petitions from neighbors
seeking to close off an alley for security reasons, for illegal activities, dumping and so on. And,
this is a very urgently needed ordinance change. So...
Commissioner Gort: I would like for you all to check with the NETs (Neighborhood
Enhancement Teams) because we are having a lot of problems in the neighborhoods with people
utilizing those alleys to conduct illegal activities and many of them are taking place. If they are
not being used by utility or by ourselves, I think it should be closed.
Mr. Kay: Yeah, right. Well, they would be reserved for utilities to come through with access
always. And any alley that is completely paved and is used for access right now for business
20 October 14, 1997
C]
0
purposes, I don't think that we would be considering that. But, I do want to remind... Just to let
you know, this is a very urgent item at this time.
Vice Mayor Regalado: Mr. City Attorney, can we do this as an emergency ordinance?
Commissioner Plummer: It wasn't advertised, as such.
Mr. A. Quinn Jones, I11, Esq. (City Attorney): The notice of public hearing was not advertised.
It was not advertised as an emergency. The public notice that was given basically states that
there would be two separate meetings.
Commissioner Plummer: Oh, yeah.
Commissioner Gort: You can bring it back next meeting.
Commissioner Plummer: Next meeting you may.
Vice Mayor Regalado: All right.
Commissioner Plummer: And, what you are in fact doing is, bringing it back the next meeting,
you have a double reading that it becomes effective immediately rather than the 30 days.
Vice Mayor Regalado: That's right. That's what I am trying to establish.
Commissioner Plummer: I think we need the ordinance read.
Mr. Jones: Yes.
[At this point, the City Attorney read the ordinance into the public record.]
Vice Mayor Regalado: Excuse me, I second the motion.
Mayor Carollo: There is a motion, there is a second. All in favor signify by saying...
Commissioner Plummer: No, it's an ordinance, Mr. Mayor.
21 October 14, 1997
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION 54-16 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED: "PROHIBITION OF VEHICULAR
ACCESS," THEREBY ESTABLISHING A PROCEDURE AND FINANCIAL
RESPONSIBILITY FOR REQUESTING THE VEHICULAR AND PEDESTRIAN
ACCESS PROHIBITION TO AN UNIMPROVED PUBLIC ALLEY OR PARTIALLY
UNIMPROVED ALLEY; CONTAINING 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.
NOTE FOR THE RECORD: At this point, agenda item 5-A was
deferred until FEC matter.
Commissioner Plummer: I would ask that 5-A be delayed until we discuss the matter of FEC
(Florida East Coast). I think they are basically together. So, I would ask it be deferred until that
time.
----------------------------------------------------------------------------------------------------------------
9. PERSONAL APPEARANCE: FATHER MARTIN GREENE --INCREASE
EXISTING LIEN WITH REPUBLIC NATIONAL BANK FOR REGIS HOUSE
BY $11,000.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I move item six.
Vice Mayor Regalado: We are in the personal...
Commissioner Plummer: Oh, I am sorry, six is withdrawn.
Commissioner Gibson: Withdrawn.
Vice Mayor Regalado: We are now in the personal appearances. So, we go ahead on seven, at
the request of Commissioner Gort. Good morning, Father.
22 October 14, 1997
Father Francisco Lerena: Good morning to all of you. I represent Regis House and given the
possibility of getting the money, I mean, that loan, from Republic National Bank, as has been
stated, eleven thousand dollars ($11,000). Eleven thousand dollars ($11,000) helps us for half of
a month when those reimbursements come sometimes in delay. We are asking from the Mayor
and the Commissioners, if we can really get twenty-five thousand dollars ($25,000) to really
back up the salaries of those employed in our enterprise, in our nonprofit business. That's the
only point that we are asking. That point, eleven thousand dollars ($11,000) be raised to twenty-
five so that we can cope with the salaries and the problems we get every month. That's the only
point. We were very grateful for those eleven thousand, but we are asking for twenty-five. So,
that's all.
Vice Mayor Regalado: The administration.
Mr. Robert J. Nachlinger (Assistant City Manager): Yes, Commissioner, the administration is
recommending the amount be kept at eleven thousand dollars ($11,000), due to the fact that our
second loan or second,mortgage on the property would be in excess of the... All right, we will
be exposed by fourteen thousand dollars ($14,000) if we granted an additional twenty-five
thousand ahead of us. The property value is eleven thousand dollars ($11,000) greater than our
second mortgage, and the first and second mortgage together. By granting a subordination of the
City's position to an additional eleven thousand, that brings the amount of the mortgages on the
property to it's fair market value. If we went to the full twenty-five thousand dollars ($25,000),
our interest would be exposed by fourteen thousand dollars ($14,000) in excess of the property
value, and we recommend the eleven.
Vice Mayor Regalado: Go ahead.
Father Lerena: Well, the property value, I think it's more than that. Mr. Velazquez and Mister...
Mr. Martin Greene: Two hundred and fifty thousand dollars ($250,000).
Mr. Lerena: Please come.
Mr. Greene: The market value at this time is approximately three hundred and fifty thousand
dollars ($350,000), because we have made a great number of renovations to the facilities since
1991. We have received a grant from the County, from the HUD (Department of Housing and
Urban Development) program for the remodeling of an adjacent duplex which we own, which is
part of our facility, for seventy-five thousand dollars ($75,000) so that... And, the values in the
area are going up and we feel that it's minimumly appraised at approximately three hundred and
fifty thousand dollars ($350,000).
Vice Mayor Regalado: I...
Mr. Nachlinger: Excuse me, Commissioner. The value of the property on the property tax roll is
one hundred and forty thousand seven hundred and forty dollars ($140,740). And, without an
appraisal of the property, we are willing to go up to the assessed value on the tax roll.
Mr. Edward Marquez (City Manager): This item is also subject now to the Oversight Board's
Review. And, we know that it has always been problematic. So, we are saying that we are
recommending an amount that we believe that stands getting a chance of being approved.
Father Lerena: Thank you, again. And, in case you have another type of ideas, just let us know.
But, the only problem here is, those who are going to get the salary, they won't get it on time.
Thank you very, very much.
23 October 14, 1997
0
•
Commissioner Gort: My understanding is, staff recommends that we can go up to eleven
thousand dollars ($11,000). And, I will make the motion for the line of credit for eleven
thousand dollars ($11,000). So, we will be covered then, for the property value.
Mr. Nachlinger: Yes, sir.
Commissioner Gort: OK.
Commissioner Plummer: Second.
Mayor Carollo: There is a motion, there is a second. All those in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-699
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.
24 October 14, 1997
----------------------------------------------------------------------------------------------------------------
10. PERSONAL APPEARANCE: REQUEST FROM ELENA DIAZ-VERSON --
GRANT REQUEST TO RELOCATE SALVADOR DIAZ-VERSON'S BUST
TO MARTIRES DE GIRON PARK ON S.W. 8 STREET AND 13 AVENUE.
Mayor Carollo: OK, we are on item eight.
Commissioner Gort: Number eight, Mr. Mayor, if you recall, Mr. Diaz -Verson was one of the
greatest reporters we used to have here, and worked in Miami quite a bit. His daughter is Ms.
Elena Diaz -Verson Amos who has been very helpful to this community and has done a lot to this
opportunity. We approved several years ago to have a statute over at Jose Marti Park.
Unfortunately, that statute has been vandalized quite a few times. And, they have talked to the
Parks Department, and I don't think the Parks Department will have any problem and try to
relocate the statute on 13th Avenue, which is the Memorial Boulevard in the Little Havana area.
And, for that reason, I would like to ask that... and the family is willing to pay for all the
expenses and all the relocations and move, it will be at no expense to the City of Miami.
Commissioner Plummer: I have no problem.
Vice Mayor Regalado: Wherein, the Martires De Giron area will be located, Jim? Specifically.
It's right... right in the...
Mr. Jim Kay: We are looking at the median area between 8th and loth Street. Southwest 8th
and 10th Street on 13th Avenue.
Vice Mayor Regalado: Well, I think that it's the proper place to be because it goes along with
the area. And, as a matter of fact, the political prisoners have one monument so in between
those, it would fit because after all, most of the rallies are held there and not in Jose Marti Park.
And, it would be easier for people to remember by going there and having anniversaries of this
sort. And, so I move to change the statute from Jose Marti to Martires De Giron Boulevard.
Commissioner Gort: Second.
Commissioner Gibson: Second.
Commissioner Plummer: Just for the record, so that it is clear. If you were to read this on the
agenda, you would say that it would be in front of Bay of Pigs monument...
Vice Mayor Regalado: Right, that's why I asked.
Commissioner Plummer: ... not on 8th Street.
Mr. Kay: No, no, no.
Commissioner Plummer: Well, it shows here that it will be on 8th Street, and that's not the case.
Commissioner Gort: Right.
Commissioner Plummer: It will be somewhere between 8th and loth Street.
Mr. Kay: Yes.
25 October 14, 1997
0
Commissioner Plummer: On 13th Avenue would have been the proper terminology.
Mr. Kay: That's the intent. Yes, sir.
Commissioner Plummer: Call the roll.
Mayor Carollo: What is the will of this Commission?
Vice Mayor Regalado: I would vote to...
Commissioner Gort: Moved and second.
Vice Mayor Regalado: ... to transfer the statute.
Mayor Carollo: OK. There is a motion by Vice Mayor Regalado, second by Commissioner
Gort. Is there any further discussion? Hearing none, all those in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
The following motion was introduced by Vice Mayor Regalado, who moved its adoption:
MOTION NO. 97-700
A MOTION GRANTING REQUEST RECEIVED BY MS. ELENA DIAZ-VERSON
AMOS IN CONNECTION WITH RELOCATION OF HER FATHER'S BUST (FROM
ITS PRESENT LOCATION AT 351 S.W. 4 STREET, TO "MARTIRES DE GIRON,
ON S.W. 8 STREET AND S.W. 13 AVENUE).
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.
26 October 14, 1997
•
•
-----------------------------------------------------------------------------------------------------------------
11. PERSONAL APPEARANCE: MARC LICHTMAN -- APPROVE REQUEST
FOR WAIVER OF NOISE ORDINANCE FOR HEALTH CRISIS NETWORK
WHITE PARTY WEEK VICTORY PARTY -- SCHEDULED FOR 11/29/97 AT
UNION PLAZA.
Commissioner Plummer: What is the time element on item nine, Mr. Manager? I assume it's
for a waiver of time, like 11 o'clock, after 11 o'clock.
Mr. A. Quinn Jones, III, Esq. (City Attorney): From 10:00 p.m. to 3:00 a.m.
Commissioner Plummer: And, where is this going to be?
Ms. Lourdes Slazyk (Asst. Dir./Land Dev. & GIS): This is going to be at the First Union Plaza,
in downtown.
Commissioner Plummer: Downtown?
Ms. Slazyk: Yes.
Commissioner Plummer: And, they are going to shoot off fireworks at 3 o'clock in the
morning?
Ms. Slazyk: That is... That's not what they asked permission for. They said the noise ordinance
waiver for a park.
Commissioner Plummer: Well, but tell me what noise are they going to be creating at 3 o'clock
in the morning. I mean, I realize it's downtown, but you still have people trying to sleep at the
Dupont Plaza Hotel.
Ms. Slazyk: Well, maybe, perhaps that something that the applicant could answer because they
specify what noise.
Commissioner Plummer: Where is the applicant?
Mr. Alain Berrebi: Good morning, my name is Alain Berrebi. I am the volunteer chair of White
Party Week. We will be having a dance at the Plaza. We will also make all arrangements to
have the speakers pointed away from the Dupont Plaza. We have realized that there are... it is
not only the residents of Dupont Plaza but Brickell Key. And, so, we are making those
arrangements, yes.
Commissioner Plummer: Are you going to invite everybody from Dupont Plaza to be there?
Mr. Berrebi: It is a charity...
Commissioner Plummer: That's the best way to do it. You invite your neighbors, then they
don't complain.
Mr. Berrebi: It's a charity event, sir. It's to raise money for people effected in...
27 October 14, 1997
Ll
1]
Commissioner Plummer: Send them a piece of cake. I move the item. Sir, just remember, you
know, you might want to come back next year. So, just keep it in mind, what you do this year
might affect you, what you do next year and you might be denied if you don't do right this year.
Mr. Berrebi: We have been doing this for 13 years, sir, and we plan on being back. Thank you.
Commissioner Plummer: I move it.
Commissioner Gort: Second.
Mayor Carollo: It's been moved and seconded. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-701
A RESOLUTION (Pending the Law Department.)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mayor Carollo: We are now in item ten.
Vice Mayor Regalado: If we can wait, Mr. Mayor, for a while.
28 October 14, 1997
0
Mayor Carollo: Surely.
NOTE FOR THE RECORD: Agenda item 10 was tabled for later
on in the ommission meeting.
----------------------------------------------------------------------------------------------------------------
12. PERSONAL APPEARANCE: ROSALIND FORREST -- REFER TO PUBLIC
WORKS AND PARKS DEPARTMENTS REQUEST TO CONSTRUCT
OPENING INTO ALICE WAINWRIGHT PARK FROM RICKENBACKER
CAUSEWAY -- SCHEDULE PUBLIC HEARING AT LATER TIME.
Mayor Carollo: We'll move to item 11.
Ms. Rosalind Forrest: Mayor, and Commissioners, I would like to mention the names of every
Commissioner because you are very important to this issue. Tomas Regalado, Thelma V. A.
Gibson, our Mayor, Mr. Gort and Mr. Plummer. I have right here on the agenda, you have
actually worded exactly what I am asking. I am asking you to connect the Alice Wainwright
Park to Rickenbacker Causeway, so that the cars will be allowed to go in and out, and it will be
connected with I-95 and U.S. 1. Now, I have traced the history of Alice Wainwright Park and I
know Mr. Plummer was there when the money... the funding was already given for a recreational
park. Now, it says here, in The Miami Herald on June 13, 1973. "... with the acquisition, this
park will provide a 20 acre recreation area around Biscayne Bay and near Rickenbacker. The
idea of purchasing this, which started in 1965, was to connect it and preserve the property as a
park up to Rickenbacker and connect with Rickenbacker. You have had 23 years to connect, I
am asking you to do it now. As far as conservation, may I say something about this, where I am
concerned. A few... a couple of years ago, Dr. Parker from FIU (Florida International
University) called me and asked me if I wouldn't be one of the founders of "Trees for Dade"
when I went to the meeting at the Tudobond Society. When I was there, I called the Department
of Transportation of the Dade County and Monroe County area. Spoke to Mr. Figueredo, I think
his name was, and said "come right up here and sign the D.O.T." (Department of
Transportation), and he didn't. I waited 15 minutes. I called him a second time, I argued with
him. Called him a third time and within a half an hour finally, Stan Khan (phonetic) gave me
permission to sign the D.O.T. in. And, I am trying to prove to you that I care about trees. The
D.O.T. became a member of the "Trees for Dade" through me. And, because of that, thousands
of trees that you see here in Miami now are a gift from me to this community or to South
Florida. So, I care about trees. And, I...
Commissioner Plummer: Mr. Mayor, I would suggest this be turned over to Public Works and
the Parks Department to come back and make a recommendation at a later time. At a later time.
Mr. Edward Marquez (City Manager): Yes, sir.
29 October 14, 1997
Mayor Carollo: I think it's a good suggestion, Commissioner. I think this merits consideration
because it would make it easier for the people from Brickell and South Miami Avenue and the
other side of the road to be able to enter the park. And, this way you have two points of entry.
But, I think we need some recommendations from Public Works as to how much it will cost and
at the same time, we will need to have public hearings to make sure that the neighbors would
want that. Not only the neighbors from the area adjacent to the park but the neighbors from
Brickell and the surrounding areas.
Ms. Forrest: I personally think, is my opinion, that will relieve all your problems. You
reassigning the entrance to Alice Wainwright to the proper area that it was designated for from
the year 1965 until now, actually. I think you should do this. I think it's your decision as
members of the City Commission and representing our City that you do open this up and I am
sure the money will be found sooner or later. And, I have a letter from Senator Graham saying
to please help me get this done. And, I have a letter from, what's her name? Ros-Lehtien,
saying the same thing. And, they know what happened to the federal funding. The federal
funding was for a recreational park. You have a hammock there, fortunately the hammock is
lucky.
Mayor Carollo: Well, what she is saying is to, as I understand it, is to close one entrance and
open up the other one. What I am saying is to consider both, opening up a new entrance besides
the one that you have. And, this will be something that after we get recommendations from
Public Works and find out how much it would cost, then we need to hear from all the neighbors
in a public hearing before we take action on it.
Commissioner Plummer: Absolutely, absolutely. OK.
Mayor Carollo: All right, thank you very much.
Ms. Forrest: Thank you.
Vice Mayor Regalado: But, I think it's a good idea because I visit that park frequently and that
opening on the Rickenbacker Causeway is really wide. So, it's not a problem in terms of having
traffic going into the park. So, it is a good idea and merits to go ahead and start...
Ms. Forrest: Well, I have all these articles from The Miami Herald and they trace the purchase
from '65 to '74. Where were you from '74 till '97? That should have been done years ago.
That was the purpose and the City Manager, Melvin Reese forfeited (phonetic) this, this package
of articles. Just proves how many times they went to Washington and how they fought. Now,
why... your... I am a taxpayer...
Commissioner Plummer: Mr. Mayor, did you call the roll?
Ms. Forrest: Oh, I have to go?
Commissioner Gibson: Ms. Forrest, we appreciate all of your comments.
Ms. Forrest: You're finished? OK.
Mayor Carollo: Thank you, very much.
Commissioner Gibson: I think we have all heard from you and it will be taken into
consideration.
Ms. Forrest: OK. Thank you.
30 October 14, 1997
Mayor Carollo: Have a good day, ma'am. There is 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. 97-702
A MOTION REFERRING REQUEST (THAT THE CITY INVITE DADE COUNTY
TO CONSTRUCT AN OPENING INTO ALICE WAINWRIGHT PARK) TO THE
CITY MANAGER; FURTHER DIRECTING THE MANAGER TO INSTRUCT THE
PUBLIC WORKS AND PARKS DEPARTMENT TO COME BACK BEFORE THE
COMMISSION WITH A RECOMMENDATION IN CONNECTION WITH COST
FACTORS, AND SCHEDULE A PUBLIC HEARING WITH THE RESIDENTS IN
CONNECTION WITH SAME.
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.
---------------------------------------- --------------- ---------------------------------------------------------
13. PERSONAL APPEARANCE: LUIS VALEIRAS -- REFER TO CITY
MANAGER FOR REVIEW ISSUE OF FEES FOR SIDEWALK CAFES IN
COCONUT GROVE -- REVIEW / RETURN TO COMMISSION WITH
PROPOSED REGULATIONS MORE BUSINESS FRIENDLY TO SMALL
BUSINESSES.
Mayor Carollo: We are in item 12.
Mr. David Marko: Good morning Mr. Mayor, Vice Mayor, Commissioners.
Mayor Carollo: Good morning.
Mr. Marko: My name is David Marko and I am here with Luis Valeiras who is the president and
owner of a market in Coconut Grove, a health food store called the "Old Grove Market."
Commissioner Plummer: Sir, are you an attorney?
31 October 14, 1997
LJ
•
Mr. Marko: Yes, I am.
Commissioner Plummer: Are you here probono or...?
Mr. Marko: I am here at no charge.
Commissioner Plummer: OK.
Mr. Marko: We decided to bring some graphics so that you can have an understanding of where
we are and...
Commissioner Plummer: What is he on?
Mr. Marko: ... the reason why we are here. So that you can appreciate where we are. We are
on, between 27th Avenue and Mary Street on Bird, on the South side of the street. Across the
street from us is, Flannigan's Food Stop. There is the Bird Bath...
Commissioner Plummer: Is this the building that's never been finished?
Mr. Marko: Well, no, we are just next to that.
Mr. Luis Valeiras: The old Crook and Crook building.
Mr. Marko: We are a block...
Commissioner Plummer: Gastronomia?
Mr. Marko: On that little strip. In that little strip mall where Gastronomia is to be built.
Commissioner Plummer: OK. But, I am trying to figure which building you are in.
Mr. Marko: We are in the same building as Gastronomia.
Commissioner Plummer: They are on the end.
Mr. Marko: They are on the end. We are in the middle.
Commissioner Plummer: OK.
Mr. Marko: And, there is a vacant spot...
Commissioner Plummer: OK.
32 October 14, 1997
Mr. Marko: Gastronomia is, in fact, a vacant spot itself. It's extensively to be built. The reason
why we are here is because we wanted to bring to your attention some observations with regards
to the way that sidewalk cafes are being treated outside of the center part of the Grove. As you
know, of course, the code requires that there be a twenty dollar ($20) a square foot charge. Our
two biggest "competitors" to the City of Miami, of course, Miami Beach and Ft. Lauderdale, I
think you should be aware of what_ they do and what the implications are on a small market
health food store such as Mr. Valeiras' store. Ft. Lauderdale doesn't charge for sidewalk cafes.
Miami Beach charges ten dollars ($10) a square foot for sidewalk cafes, and the City of Miami
charges double at twenty dollars ($20) a square foot. Mr. Valeiras owns an operation that is 900
square feet and given the amount that you would charge him for a sidewalk cafe at twenty
dollars ($20) a square foot, that exceeds what he pays inside his store at eighteen dollars ($18) a
square foot. Second thing you should be aware of, that where he is, like many other operations,
he is within 3,000 feet, linear feet of an area in decline in the West Grove. In an area that needs
to be raised up. And, unfortunately because he is in that transitionary area within 3,000 linear
feet of an area that needs great attention, it is hard for him to draw business in. He suffers from
homeless problems. He suffers from crime problems. He suffers trash and pollution. And, so
what they did, is they attempted, he and his wife attempted to create a little slice of heaven. That
is, to take their little 900 square feet and put an extra 250 outside with tables and chairs, and they
did that. Now, the City came along and they told them you need to put some concrete out in
front so that you can put your tables and chairs. And, so, at their own expense, they did that.
And, then three months later the City came back and said, "now you can't do it because you
don't have a permit for a sidewalk cafe." Mr. Valeiras says "first, I am not a restaurant. I am
just a health food store that my customers like to come in the morning and get their muffin and
their coffee and sit outside and buy their newspaper across at the Food Spot and enjoy their
morning before they begin their daily grind. The second thing is, I can't afford to do it."
Because, for this man to be able to afford the twenty dollars ($20) a square foot at 250 feet,
doing the math quickly is, five thousand dollars ($5,000)?
Mr. Luis Valeiras: Five thousand.
Mr. Marko: It is five thousand dollars ($5,000). He would have to generate, by his estimates,
forty thousand dollars ($40,000) in increased revenues with five little plastic tables and four...
two to four chairs on each per year, just to be able to make enough money for him to pay what it
cost the City permit, at two hundred dollars ($200)... at twenty dollars ($20) a square. And, so,
the reason why we bring that to your attention is, humbly, not to suggest that you do anything
but to consider that in your wisdom. But, we have three suggestions that we would make to you
that you should consider. The first one is, either reduce somewhat or eliminate in your own
discretion, the charge for sidewalk cafes in these areas. Maybe, maybe throughout the City
excluding...
Commissioner Plummer: That one is out. Let's go to two.
Mr. Marko: Number two, to consider the possibility of, in areas of transition, having... treat
them like you would the West Grove. In other words, if West Grove doesn't have to pay for
sidewalk cafes, which they don't, what about those areas that are 3,000 feet away from West
Grove?
Commissioner Gibson: We don't have any sidewalk cafes in West Grove.
Mr. Marko: Well, we are trying to build them in that direction. See, this might be a light in the
tunnel.
Commissioner Gibson: No, I don't have any objection to what you are saying.
33 October 14, 1997
Commissioner Plummer: Let's go to number three.
Commissioner Gibson: But, I don't want you to think that we already have some down there.
Mr. Valeiras: But, if they did have them they wouldn't have to pay.
Mr. Marko: Right. Yeah, if they did, they would...
Mr. Valeiras: If they wanted one, they wouldn't have to pay the twenty dollars ($20) a square
foot.
Mr. Marko: Third suggestion. Treat delis, grocery stores, health food stores in a different
category than you would restaurants. Because, the difference is, that a deli who doesn't... can't
serve outside, can't have waiters, can't have plateware, flatware, can't have candlelight, doesn't
have those options available to us would be treated...
Commissioner Plummer: What is the recommendation of the administration?
Mr. Edward Marquez (City Manager): The administration wants to study the issue and come
back with a solid recommendation at the next meeting.
Commissioner Plummer: So moved.
Vice Mayor Regalado: Wait, wait. I am really glad that you brought this up because I have had
several requests from small cafeterias in Flagler Street and Southwest 8th Street. And, these
people, what they want is to bring a little life to their blocks. But, it's impossible for them to pay
twenty dollars ($20) for every square feet that they use in terms of placing one or two or three
tables outside or maybe some music. So, I think that this is an issue that we have to address
because, you see, the problem is that if we keep saying to the small merchants, to the small
entrepreneurs, no, no, it's not possible, it cannot be done, what is the purpose of them being
here? I mean, they can move... The other day in The Herald, there was a huge article about
night life in Coral Gables. And, I was a little envious and also scared because, I, you know,
Coral Gables is having a lot of benefits for people who have small businesses. And, I am telling
you that, yes, it is beautiful when you see Coconut Grove, but people in Little Havana, people in
his area, people in Overtown do deserve to have sidewalk cafes even if they are not going to
spend ten dollars ($10) but only one buck ($1) on a coke. But, they just want to sit there and
talk. So, I think that the people of Miami deserve the same right that the people with economic
means that comes to Grove and we are very happy for them, by the way. So, I would hope that
when you come back, you not only address his problem but how can we help the people in Little
Havana, in Flagami, in West Little Havana, in Overtown, in Liberty City who have a small
business and who have a little money or who would go to the bank and ask for a loan to set three
or four tables and work more to bring their businesses up? 1, to conclude, I just would hope... I
would be really, really, happy when everybody that comes to the City of Miami to do business
will feel that we are business friendly and not trying to hit with the rules book everyone who
steps on our door to do a business. So, I would just hope, Mr. Manager, that the next time, I
don't know, I hope it will be very soon when we bring this issue, not only his problem will be
resolved but by resolving his problem we can have people... And, I am telling you, I have... I
can give you the names.
Mr. Marquez: Uh-huh.
Vice Mayor Regalado: Ten requests of small cafeterias, non -important. Mom and Pop
cafeterias that would want to have sidewalk cafes, but it's, you know, it's very difficult. It's a
nightmare. As a matter of fact, if they want to go and find what they have to do, they have to
34 October 14, 1997
close the cafeteria for one day. So, I would just hope that we will be able to bring this
information and resolve the problem.
Mr. Marko: Mr. Mayor.
Commissioner Gort: Vice Mayor, it's my understanding, and Public Works Department, you
correct me if I am wrong. But, this came up about a few years ago. And, my understanding was,
that you were willing... in new areas like this one, like Little Havana, that the first year, we did
not charge for that, to see what the results will be and then after that, they will get together with
the people. That was my understanding. That was passed about two weeks ago.
Vice Mayor Regalado: Well, somebody forgot to tell them that.
Commissioner Gort: I know.
Vice Mayor Regalado: Because they hit them with the twenty dollars ($20).
Mr. Jim Kay (Interim Director/Public Works): That's correct. First year there is no charge in a
CD (Community Development) target area.
Commissioner Plummer: Off microphone (inaudible).
Mr. Valeiras: We are not a CD target area.
Commissioner Gort: No, I understand. It's going to go back to the Planning Department. They
are going to come back with certain recommendations. And, I think that... look forward to.
Commissioner Plummer: I would like to introduce the new Christopher Columbus for Miami,
my grandson. [APPLAUSE]
Mr. Marko: Mr. Mayor, if Mr. Valeiras, could briefly make some comments to you?
Mr. Valeiras: In the last few weeks, I have asked my customers to help me out in signing a
petition that would show you that they are interested in having the cafe. Two years ago when we
opened up the store, my wife and myself, we begged and borrowed to get all the money that we
needed to start it up, and we did. Afterwards, we had a couple of tables and some customers
said, "well, why don't you put them outside, it's such a pretty day", so we did. An inspector
came by and said, "you need to make a sidewalk here, and so that you could put your tables."
So, at my expense, I poured the concrete. I was a contractor before and I poured the concrete. I
guess it was three months later when Ellie from the NET (Neighborhood Enhancement Teams)
office came in and said, "do you have a permit for your cafe"? And, I reached over very proudly
into my little bag of permits, which I have like four to do business in the City of Miami: one for
a grocery, one for a merchant, one for a deli, I can't remember what the other one is... I checked
them last night, it was like four or five. And, I said, yeah, here are all of my permits. And, she
said, "no, you need one for a cafe." And, I said, well, I mean, I am not really a cafe, I am just a
grocery store and people get juices and they just want to sit outside just like, Dave here, he....
Commissioner Plummer: I don't know of another grocery store with outside tables.
Mr. Valeiras: Excuse me.
Commissioner Plummer: You know, let me tell you. You know, if... I think these things have
to make a determination and in your particular case, to your detriment, what you are asking us to
allow you to do is, to expand double the space that you presently have, more or less.
35 October 14, 1997
9, 0
Mr. Valeiras: Well, I have 900 square feet and I am asking...
Commissioner Plummer: OK, my problem in your given location...
Mr. Valeiras: Uh-huh.
Commissioner Plummer: ... is parking.
Mr. Valeiras: I have 27 spots.
Commissioner Plummer: You cannot when Flannigan's, Is it Flannigan's across the street?
Mr. Valeiras: I have 27 spots on my property and seven that go across the street... I am in the
Old Crook and Crook building.
Commissioner Plummer: I know where you are, sir.
Mr. Valeiras: OK.
Commissioner Plummer: But, that's for three stores.
Mr. Valeiras: All right. And, two of them are empty right now.
Commissioner Plummer: OK.
Mr. Valeiras: And, two of them are empty right now.
Commissioner Plummer: Traffic in that area, when Flannigan's has any kind of a sports activity
going on, because they are a sports bar, you can't find a parking space around there for blocks.
Mr. Valeiras: And, why we...
Commissioner Plummer: So, I am... Hey, I am just mentioning that you can't handle this in a
blanket situation where everybody is grandfathered or everybody is in fact covered. Because,
each individual case, in my estimation has to stand as to whether or not, by allowing a company
to expand, that we are not doing more detriment to a neighborhood that's already detrimental.
Mr. Valeiras: With regards...
Vice Mayor Regalado: So, he's saying, he is a morning guy.
Mr. Valeiras: Right.
Vice Mayor Regalado: Flannigan's, it's an afternoon, night.
Mr. Valeiras: With regards to...
Vice Mayor Regalado: What I would like to know... Excuse me.
Commissioner Plummer: Flanni... Excuse me. That is not true. Flannigan's has one of the
biggest lunch trades in the Grove. So, they are day time as well as...
Vice Mayor Regalado: No, I am saying, he's talking about breakfast.
36 October 14, 1997
Commissioner Plummer: Well, hey, I, you know. I am just...
Mayor Carollo: Well, I...
Mr. Valeiras: I close at seven in the evening, number one. And, number...
Commissioner Plummer: I didn't want to get into a hassle. I am just trying to say that each one
has a different...
Mayor Carollo: Well, I just think that... Excuse me. I just think this City has to become more
business friendly. We have to find ways to help our business survive, not make it impossible for
them to survive. What I would like to see from the administration is to come up with a realistical
masterplan, not six months from now, not a year from now, but within a reasonable time span of
45 to 60 days that people like this gentleman here that it's a family operation, they are working
hard. That's what making the City of Miami survive. A lot of these family small businesses that
we can help business like this out and at the same time, raise more revenues that will be coming
to the City. I see nothing wrong in having an outdoor cafe there. In fact, I think we should
encourage that throughout the whole City. We should be making it easier for people to be able
to do that. I mean, look at so many places around the world. You go to Europe. You go to
different capitals of South America. You go to Asia, and you find outdoor cafes everywhere.
And, it just seems that we have to revamp some of the laws that we have that are not being
business friendly and instead of helping our businesses come to the City, or stay and survive
here, we are driving them out.
Vice Mayor Regalado: Well, and suppose that he would not have found a friendly Commission,
this morning. Suppose that he would have been told, well, you have got to pay the twenty
dollars ($20) or else...
Mr. Valeiras: Don't do it.
Vice Mayor Regalado: ... don't do it.
Mr. Valeiras: Right.
Vice Mayor Regalado: Now, who is going to pay for what he paid? And, he was told by a City
employee to have some cement or have a... .
Mr. Valeiras: A concreted sidewalk.
Vice Mayor Regalado: ... yeah, the concrete work. Now, a City employee tells him to do that
and then a NET administrator tells him he cannot do that. I don't understand that.
Ms. Ellie Haydock (NET Administrator): Well, my recollection of this, is they were putting
tables out on a sidewalk area that was not large enough. So, the inspector explains that if they
wanted to have any kind of sidewalk cafe, that they had the ability to expand. A lot of places
don't. But, you need a certain width of the sidewalk and they entered into reviewing that and
opting to widen the sidewalk with the Public Works Department permission. And, maybe it was
not clear at that time that they needed a permit, but that... Anything out on a public right-of-way
requires permit.
Mr. Edward Marquez (City Manager): Mr. Mayor.
Mayor Carollo: Yes, Mr. Manager.
37 October 14, 1997
Mr. Marquez: The comments made by the Commission and yourself indicate that this
administration needs to get back and come back to you with some more business friendly rules
and regulations in this regard. We need some time to review our applicability for this instance
individually, and how we are applying it Citywide. So, we will come back with more friendly
regulations.
Vice Mayor Regalado: And, are you sure that we have one year waiver with no...?
Mr. Marquez: That's in the Community Development target area. The fee here, from what I
understand is a payment... is a fee for the use of right-of-way. It's not a special permit.
Vice Mayor Regalado: Well, then, could you answer me, why the paper was given to a merchant
in a community, in a target area saying that he had to pay twenty dollars ($20)?
Mr. Marquez: It's not a target area.
Vice Mayor Regalado: I am sorry.
Mr. Marquez: This is not a target area.
Vice Mayor Regalado: I am not talking about him. I am talking about East Little Havana.
Mr. Kay: Sir, if you can give us the location and the facts, I will get back to you.
Vice Mayor Regalado: I will. I am sure that I will. Absolutely.
Commissioner Plummer: All right, let's move along.
Commissioner Gort: Question. In this case here, can we use this as a pilot program so we can
see if the... The guy has gone through the expense, I think we should allow him to continue, Mr.
Mayor, and then we could look at it as a pilot program. How it works and what's happening.
Mr. Marquez: We can let him proceed as he is doing right now until such time as we can come
back with a formal policy. I mean, as a compromise. But, it's just...
Commissioner Gort: But at the same time, as you watch his operation you might get some ideas
for the things you need to do in order to...
Ms. Haydock: Well, he has... They have a wonderful place. A lot of people love their food and
love to go there. And, I agree it would be an asset to the neighborhood to have plenty of parking
and we just need to look at the fee. They have had their sidewalk cafe, they were paying for
about 200 square feet...
Mr. Valeiras: Right.
Ms. Haydock: ... or less, it was like forty dollars ($40) a month.
Mr. Valeiras: It was a little bit less than 200 square feet.
Ms. Haydock: Yeah. And, but...
Mr. Valeiras: Because, we couldn't afford it. So, we kind of condensed it.
Ms. Haydock: Right. So, they are just asking us to look at the cost.
38 October 14, 1997
Commissioner Gort: Right. OK.
Ms. Haydock: And... But, in the meantime, they need to comply with the ordinance as it is.
Commissioner Plummer: They have no choice.
Vice Mayor Regalado: Well...
Commissioner Plummer: Mr. Mayor, once again, I want to bring to the administration, I have
had two additional complaints since the last time I brought to the table. All people with sidewalk
cafes have got to know that anyone has the right to sit at one of those tables without spending
any money or being a client or customer of the business. I am not going to go into what other
things I was told of why this happened, but, if they continue to do it, the people who do not
allow it, are going to get their permits taken and they are going to lose their rights to have
sidewalk cafes. So, I am just saying to you again, it's come up.
Commissioner Gort: Question. On this particular case, can we take a motion? Can we do
anything here after today so this can be...?
Commissioner Plummer: Yeah, we send it to the Manager, to study to come back.
Mr. Marko: I would like to introduce our list of names here into your record, if I could, before
him.
Ms. Lourdes Slazyk (Asst. Dir. (Land Dev. & GIS):: This will most likely need a code
amendment of some kind. That's why you really can't act right now. But, we will prepare
something.
Commissioner Plummer: Mr. Manager, at the last meeting I asked you to send a letter to all of
the people with sidewalk cafes. Has that been done, putting them on notice?
Mr. Marquez: Staff has been instructed. I don't know formerly if it's been done yet.
Commissioner Plummer: Please make sure that it's done, so they can't say they weren't told.
Mr. Slazyk: If I could introduce into your record the 240 signatures of the persons who are in
support of modification of the article.
Mr. Marquez: Mr. Mayor.
Mayor Carollo: OK. All right.
Mr. Marquez: On this item we can have an emergency ordinance and then have the next meeting
to get this set straight.
Mayor Carollo: If you could do that and bring it up, Mr. Manager. Thank you, very much for
addressing this Commission and your patience. Thank you.
Mr. Marko: Thank you.
Vice Mayor Regalado: Thank you.
39 October 14, 1997
•
-------------- -------------------------------------------------------------------------- ------------------------
14. PERSONAL APPEARANCE: MARTHA MELAHN -- REFER TO STREET
CODESIGNATION COMMITTEE REQUEST TO RENAME STREETS IN
COCONUT GROVE WITH DUPLICATED STREET NAMES --FURTHER
SCHEDULE PUBLIC HEARING FOR FIRST MEETING IN JANUARY.
----------------------------------------------------------------------------------------------------------------
Ms. Martha Melahn: Good morning, Mayor...
Mayor Carollo: Good morning.
Ms. Melahn: ... and Commissioners. Let me pass these out to you because page two has a map,
so you can see the area that I am talking about.
Mayor Carollo: Thank you.
Ms. Melahn: You are welcomed. And, there is also a bunch of signatures. What I would like to
say is not included there. Is that what we are trying to do is to take this little area of north
Coconut Grove, that has sort of been cut off at 27th Avenue by a street closure and get some
uniformed street names in there that sort of fit with the original names my father gave to this
area. He named all of those streets. Tigertail, Ah We Wa, Natoma, Seminole, Secoffee, Amalta
(phonetic). And, we want to get rid of the ones that are duplicated in South or West Grove
within the same postal district and change these three to Indian names. Now, Ambrose is only
one block long. So, we want to put a little bend in Ambrose and then call Washington, Ambrose.
Then, you don't get such big names, you couldn't even get the names on the map. We want to
make Jefferson, Cherokee. It's a good name, it's not used anywhere there. And, to change
Lincoln to Esha Tigertail. You will see on the page there of signatures of people that live on
Lincoln that they all seem to prefer Esha Little Tigertail. Now, the... I have known this area for
over 70 years and it's undergoing sort of a renaissance right now, and what with very some very
expensive homes being built, we want to get a little closer with the names to be sort of thought of
in that very exclusive and lovely area of Seminole and Secoffee and Amalta (phonetic) that
already have very elegant estates in there. We would like to have a little of that glamour rub off
on us. Now, there are not very many houses involved in this. There is usually only two houses
to a block. And, I must call your attention to the fact that a lot of people who, for instance, have
a home on Washington, oh, no, Jefferson and Abaco, actually have turned around and claimed
Abaco as their address because they feel that it's easier to find. It's hard to get into this area
because it's closed. And, it really is very, very, confusing to anyone who doesn't know the area
because of the other names in this postal district.
Commissioner Plummer: Mr. Mayor, since I think this is now called as I was reminded, my
district, I would recommend that this be sent to the Memorial Committee and a public hearing be
scheduled in the first meeting in January.
Mayor Carollo: There is a motion by Commissioner Plummer.
Commissioner Plummer: We have to have a public hearing, ma'am. You understand that.
Ms. Melahn: OK, fine.
Commissioner Plummer: Also, I think that it has to be understood that at the public hearing you
will be bringing back what the cost factor of changing this would be and who would be paying
for it.
40 October 14, 1997
Ms. Melahn: Well, Mr. Plummer, there should not be much of a cost. If you can look at these
pictures you can...
Commissioner Plummer: Ma'am, I didn't say, "yes" or "no."
Ms. Melahn: Yeah.
Commissioner Plummer: I am just saying, the County makes a charge to change street
addresses.
Ms. Melahn: Yeah.
Commissioner Plummer: So, he's got to find out for us, our Public Works man.
Ms. Melahn: I took some pictures here, showing these street signs are illegible.
Commissioner Plummer: Yes, ma'am.
Ms. Melahn: Some of them are... Oh, God knows how old they are. You cannot read them.
Commissioner Plummer: Well, they need to be replaced now.
Ms. Melahn: Yes, they need to be.
Commissioner Plummer: I hear you.
Ms. Melahn: They need... They really do need to be replaced anyway. And...
Commissioner Gibson: I'll second it just for discussion.
Mayor Carollo: OK.
Commissioner Gibson: Because, I think the idea is a good one. At the last meeting I brought up
that we wanted some names changed in the Grove and one is Jefferson. And, we do have two
Jefferson's, one in the West Grove and one in the Northeast Grove, whatever that little section is.
So, I think the idea is a good one, plus it gives the Indians some of what we took away from
them.
Ms. Melahn: And, these people.
Commissioner Gibson: I am just putting that on the record because I think it's a good idea.
Ms. Melahn: Well, thank you.
Commissioner Gibson: However, I was told at the last meeting that it had to go back to the
department and there are some fees attached. But, now the fees, I was told was County fees.
But, then I got a memo after that saying the four hundred dollars ($400) is really City...
Commissioner Plummer: Yeah. They do...
Commissioner Gibson: The City.
Mr. Jim Kay (Interim Dir./Public Works): Four hundred dollars ($400) is the advertisement for a
public hearing ad in the paper.
41 October 14, 1997
9
Commissioner Gibson: And, then the seven hundred is County, is that what it is? Because...
Mr. Kay: Well, that's advertising administrative tees and then you also have the cost to erect the
sign and place it.
Commissioner Plummer: The County actually makes the charge.
Mr. Kay: For the actual signs.
Ms. Melahn: Well, anyway, what I... Every knows. I have talked to all these people and they
know it means a change of address. They would have to fill this out on all their monthly bills,
but they still were willing, you can see there, by those signatures, they still were, you know,
willing to put up with that inconvenience. Because, we really feel this is... will add a little glitz
and glamour to the area and we would just like to see it done. I don't like the idea of having to
pay four hundred dollars ($400) too much, to do it. It should have been done a long time ago.
Commissioner Plummer: Ma'am, I think everybody up here is not in disagreement, but we have
got to go through a procedure as Commissioner Gibson just stated. And, as my motion is to send
it to the Memorial Committee, which we have to do and have a public hearing in January.
Ms. Melahn: OK.
Mayor Carollo: There is a process that we have to follow for any changes of Street names. And,
this is the process we have to follow. After the Memorial Committee hears it...
Commissioner Plummer: Now, if they want to change Hallassee to Plummer Boulevard, I'll go
along with that.
Commissioner Gort: Absolutely.
Mayor Carollo: ... they will give the recommendation and we will have a public hearing and
then this body will decide.
Ms. Melahn: Very good.
Mayor Carollo: So, we appreciate you coming here, today.
Ms. Melahn: Thank you. Thank you, very much.
Mayor Carollo: Thank you.
Commissioner Plummer: Can I change Hallassee to Plummer Boulevard? Would that be
acceptable or...?
Mayor Carollo: All in favor...
Commissioner Gibson: Not while you are alive.
Mayor Carollo: All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
42 October 14, 1997
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-703
A MOTION REFERRING REQUEST BY MS. MARTHA MELAHN REGARDING
RENAMING OF WASHINGTON, LINCOLN AND JEFFERSON STREETS IN
NORTH COCONUT GROVE TO THE MIAMI STREET CODESIGNATION
REVIEW COMMITTEE; FURTHER DIRECTING THE ADMINISTRATION TO
SCHEDULE A PUBLIC HEARING IN CONNECTION WITH SAME FOR THE
FIRST MEETING IN JANUARY AND ALSO PROVIDE THE COMMISSION AT
THAT TIME COST FACTORS RELEVANT TO THE STREET CODESIGNATION
PROCESS.
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.
------------------------------------------------------- --------------------------------------------------------
15. PERSONAL APPEARANCE: DR. ROBERTO RODRIGUEZ ARAGON FROM
JUNTA PATRIOTICA CUBANA TO EXPRESS CONCERNS OVER HEALTH
ISSUES IN CUBA (CONJUNTIVITIS AND DENGUE VIRUSES) WHICH
AFFECT SOUTH FLORIDA -- FURTHER REQUESTING QUARANTINE
FOR TRAVELERS RETURNING TO SOUTH FLORIDA FROM CUBA.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Regalado: Mr. Mayor, if we can go back to item...
Mayor Carollo: Item ten?
Vice Mayor Regalado:... ten.
Mayor Carollo: Surely.
Vice Mayor Regalado: Mr. Roberto Rodriguez Aragon, the chairman of the Junta Patriotica
Cubana is here, with an issue that it's of great interest to the City of Miami and to the residents
of South Florida. Recently, the Junta Patriotica Cubana came up with a medical study about
different diseases that were detected in Cuba, and because of the traveling back and forth, some
of these cases were also detected here in Miami. Now, the Junta Patriotica Cubana has been in
touch with the United States Health Department, and the Dade County Health Department and
Dr. Roberto Rodriguez Aragon will ask the City also to express concern regarding this matter.
Doctor.
43 October 14, 1997
0
Mr. Roberto Rodriguez -Aragon: Mr. Mayor, Mr. Commissioner. We are here in representation
of Junta Patriotica Cubana. It is a well known Umbrella 157 organization in Dade County.
And, with representation in the more important cities of the United States and the whole world.
A few months ago, we sent a letter to Donna Chelala, the Secretary of the Health Department of
the United States, that we explain to her that the information that Junta Patriotica Cubana had for
the doctor in Cuba is about the Dengue Hemorragical. That the government, they try to escape
and not talk about that, and only they explain that they see in Santiago de Cuba. For the contact
that we have with all the prescription... doctor in Cuba, they explained to us that it's not only in
Santiago de Cuba, it's along the island in Camaguey, Las Villas, Matanzas, Havana and Pinar
del Rio. For this situation, ther are two doctors in Santiago de Cuba in jail because they talk to
the international press about this situation of the health in Cuba. We were in Washington in the
Health Department and also in the Senate of the United States and explained that they... We
recommended that according with the study of the doctor of Junta Patriotica Cubana in contact
with the doctor from Cuba and two doctors that arrived in the last month to Miami, that we
demand the quarantine to all the people who travel from Cuba or to Cuba. As you know, many
of these people, they don't come directly to Miami from Havana. They avoid the law Helms -
Burton and they come from a third country. And, also they don't have any stamp on his passport
because the Cuban government, they avoid that situation. Because, what they try is to receive
many dollars from United States. We come to this Commission to see if they take the same...
approve the motion that they do before by Dade County, by the City of West Miami and the City
of Hialeah, that they demand to all these people that fly from Cuba and to Cuba with quarantine.
Dr. Senovio Espinosa, is a well-known pharmacist of this City, and he moved this motion in
Junta Patriotica Cubana, explained to the doctor of our organization that many of these people,
they came from Cuba with a virus. As you know, the virus, they take three weeks in going out
and they don't say that they feel sick, and many of these people, they live with us, which is a
very danger for the South Florida and the whole United States. Now, it's not only the
Hemorragical Dengue, now there is another problem with the eyes. And, you know that in Cuba
there is not, any... take care on the workplace to any health of these people. Most of the
medicine, they are sent by the people from Miami and the other cities to Cuba. This is why we
ask you to approve the motion in order to tell the State Department to place a quarantine to all
these people. Thank you, so much. If you want, we have a copy of the information we sent to
Dr. Chelala, and also tell you that we had a meeting here in the Pan American Hospital with all
the health officials of the United States and Dr: Clark, who represents the Health Department in
the Caribbean area. They explained to us that he talked with Dr. Curie. Dr. Curie, is the head of
the... all this problem in Cuba. And, he said Dr. Curie affirmed that this Dengue is completly
avoidable. When we asked Dr. Clark, who is... if he knows who is Dr. Curie, he said he is a very
close friend of him. Yes, but your friend is member of the communist party and they try to
ignore the real situation. His cousin is the Cuban Ambassador in the United Nations, Dr. Raul
Roa Curie. And, he was surprised because he didn't know that... the contact with the communist
party and he said that he heared just one part of the problem and he didn't hear the other part that
is representing the case for Junta Patriotica Cubana. Thank you, so much.
Vice Mayor Regalado: The bottom line, Mr. Mayor and members of the Commission is that, at
least one case of conjuntivitis, which is a very active disease has been detected in Jackson
Memorial Hospital in Bascom Palmer, of people that have travelled to Cuba. And, this is why in
the medical profession there is a concern that this back and forth without any quarantines or any
examination of people that do travel to the areas affected will, could and will bring to South
Florida health problems. So, this is why it's... Dade County government and other governments
have moved in that direction. And, I just hope that this City will also express the concern that
we should take measures because we should avoid bringing here contagious disease, as these two
cases have been established here, in South Florida.
Mayor Carollo: Would you like to make a motion, Commissioner?
44 October 14, 1997
Vice Mayor Regalado: Yes, I would. I would like to make a motion to ask what's done on Dade
County and other municipalities, we express to the State Department the concern of these health
problems and the fact that some cases have been detected of people that travel to Cuba back and
forth. And, that the State Department and the Health Department of the United States should
take measures to avoid these viruses coming into the South Florida area.
Mayor Carollo: There is a motion by Vice Mayor Regalado.
Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gort. Hearing no further discussion from the City
Commission, all in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays." Thank you, very much.
The following resolution was introduced by Vice Mayor Regalado, who moved its adoption:
RESOLUTION NO. 97-704
A RESOLUTION (Pending the Law Department.)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Commissioner Gibson: I would like to defer 13-A, until this afternoon.
Mayor Carollo: OK, 13-A will be deferred until this afternoon.
45 October 14, 1997
•
0
NOTE FOR THE RECORD: At this point, agenda item 13-A was
tabled for later in the ommission meeting.
----------------------------------------------------------------------------------------------------------------
16. PERSONAL APPEARANCE: AUBREY JOHNSON -- REVIEW REQUEST
FOR CITY TO DONATE PROPERTY AT 1009 N.W. 5TH AVENUE TO
MIAMI COMMUNITY POLICE BENEVOLENT ASSOCIATION --
DESIGNATE LOCATION AS HISTORIC PRESERVATION SITE.
Mayor Carollo: We are now in 13-B.
Commissioner Gibson: Thirteen B, is mine. And, the policemen are here to talk about this. The
Miami Community Police Benevolent Association asked to be heard on this issue. There is a
house in Overtown, not a house a building in Overtown, former J.L. Plummer's "Colored
Precinct", as it was known when it was started back in 1944. And, they are interested in having
that property to do museum for the Police who are retired. And, we have with us this morning, I
know, Mr. Flowers and...
Police Sgt. Johnson: I am Sgt. A. J. Johnson, president of the Miami Community Police
Benevolent Association.
Commissioner Gibson: Sergeant... OK, Sgt. Johnson. And, they have some pictures to show us
of the old precinct. We did get the... Thanks, to the staff for getting us the correct address of
that. We thought it was on llth Street, and it's really on 5th Avenue. As you know, there was a
time in this community when "Negroes" and "Colored" as we were known and then "Black."
But, even before we got Black, we had to have our own precinct. A Colored policemen could
only arrest Colored people. And, all kinds of things happened here. And, we would like to have
a history of that and keep it on display in, this building. First, we need the building, and, so these
gentlemen will tell you more about it. We have some retired policemen, here. I saw Mr. Cohen,
whose brother that we asked to have a street named after last time. And, Major Smith was out
there. Father Barry was out there with the group, and all of them want to help them put this
together.
Commissioner Plummer: What was the judge's name? Wasn't it Johnson?
Commissioner Gibson: Judge Thomas was the first and then Judge Johnson.
Commissioner Plummer: Johnson.
Commissioner Gibson: Johnson, second. Judge L.E. Thomas was the first Black, Colored. You
have to know these terminologies, and that's the reason I give you that history. Because, it was
the Colored precinct and then Negro and finally, we got to be Black, and now African -
Americans. Now, all of you are not going to speak. They are just here to show support.
Police Sgt. Johnson: Yes, ma'am.
Commissioner Gibson: We only have one or two speakers.
46 October 14, 1997
Police Sgt. Johnson: OK. I would like to start off by saying good morning and thanks for
having us. I have the distinct pleasure to have all these people backing me and coming, and
they've got the same vision that the MCPBA (Miami Community Police Benevolent
Association) has, known as the Miami Community Police Benevolent Association. We are here
referenced the building as Commissioner Gibson stated. And, we would like to ask the City to
consider designating this a historical site. Being that this building was a part of the City for
some 50 odd years, it played a vital role in the history of our City, of our Police Department and
of our community. The vision of the Miami Police Community Benevolent Association is to
restore the building to its original state. In doing so, we would like to take a symbol from the
past, bring it to the present with a promise for the future. I have Mr. Flowers here that can give
some history on it, since he was a kid during that time the building was erected and can bring us
up to par.
Mr. Charles J. Flowers: Good morning, Mayor and Commissioners. Charles J. Flowers,
chairperson of the Overtown Advisory Board. Proudly giving a little entry, little as far as Barry
and the others. I would like to present to the Commissioners and the Manager and the Clerk, a
little book that has that history in it, at this moment. You may have to take the time in your
leisure to read it. It's a part of what happened. And, to speak proudly, means since I was a little,
when the building was built when I was a little kid, when the first five police officers was
appointed. It wasn't easy in those days. It's not easy now, but those days it was impossible. So,
what we are doing, the Overtown Advisory Board and the citizens of Overtown are asking that
this Commission give to or sell to this association for one dollar ($1) and all other considerations
the building. It means so much to all of us. And, I am so proud to see all the young officers pick
up the torch and carry the lead. But, what the first five officers did, they went through in those
days, I am as proud of those guys as I am proud of Frederick Douglas who took San Juan Hill in
1898. 1 am proud of Tuskeegee Airmen in 1945, as a pilots they played a very important role.
And, we as the citizens of Overtown, are behind the organization and wish this City to sell this
building for one dollar ($1) and all other considerations. I believe Father Barry, who will love to
talk, and is probably letter at it than I am, to give you, really a lot of history. Because, St. Agnes
played the number one role in the Black police, part of... Father Barry.
Mr. Irby McKnight: Father Barry.
Rev. Richard Barry: Good morning.
The Commission (Collectively): Good morning.
Reverend Barry: On September 7th of this year, we observed the 53rd anniversary of the Blacks
being sworn in as patrolmen in the City of Miami. It is sad to note that in 1997 we are having to
fight again, some of those same battles that were fought in 1944. And, that is, for acceptance
and inclusion. What we are asking the City to do is, to do the right thing, to memorialize the
struggle and the history of Blacks in the City of Miami as it relates to the Police Department. In
1944, Blacks had to be secretly trained, secretly sworn in to become patrolmen in the City of
Miami. My predecessor, Father John Culmer, had to push the City to that point. And, the Black
precinct, the building they are speaking about this morning, several attempts were made to close
that, but Father Culmer personally stopped it. And, the City closed that building in 1963, when
he died. The City can do the right thing by these police officers, by designating that building an
historic site for them, letting them have a museum there that will depict their contribution and
the continuing contributions of Black police officers in their City. You should note, that Blacks
are not represented in the police museum on Biscayne Boulevard. So, you can do the right...
Commissioner Plummer: Please note for the record, that is not a City museum. That is a profit
making company. So, don't, don't...
47 October 14, 1997
Reverend Barry: But, no, no. No, I don't want to make that inference, but I want to say, they
are still not represented. Whether it is a money making thing...
Commissioner Plummer: And, they don't represent the City of Miami because they have been
under a number of investigations.
Reverend Barry: But, it's still in the City of Miami.
Commissioner Plummer: All right.
Reverend Barry: OK. So, I want you to do the right thing. Give this building to them, designate
it for them. Let them hold up that history. Part of the problem we face in this City is that, so
many who come here think we haven't made any contributions. You can dispel that notion and
you could correct that wrong by helping to uplift Blacks in the Police Department. I think Mr.
Forrest had photographed from my weekly bulletin some of the history relating to Blacks in the
City of Miami Police Department. And, I need to speak with all of you guys and lady on another
matter soon.
Mayor Carollo: Especially, with the lady first, Father Barry.
Reverend Barry: Well, 1, you know. She is a woman after my own heart.
Mayor Carollo: Father Barry, if I may ask you a question?
Reverend Barry: Yes, sir.
Mayor Carollo: Do you know the assessed value of the property right now, that Dade County
has on it?
Reverend Barry: No, I don't. Do you have that?
Commissioner Plummer: It's probably not much.
Ms. Dena Bianchino (Asst. Director/Asset Mgmt.): It's... If I may. It's one hundred and fifty-
one thousand six hundred and ninety-five dollars ($151,695).
Commissioner Plummer: That must be an awful large piece of real estate, because that building
isn't worth that amount of money.
Commissioner Gibson: That building is terrible.
Ms. Bianchino: Well, let me just tell you, that the tax assessor doesn't reevaluate City of Miami
properties because we don't pay taxes. But, we can go to them on a case by case basis and have
it reassessed.
Mayor Carollo: OK, from what year does this go? The last time they appraised... they did an
appraisal on the property.
Ms. Bianchino: I don't have that information.
Mayor Carollo: OK, how many square feet is the land and how many square feet is the building
on the land?
Ms. Bianchino: It's point 61 (.61). Point six one of an acre. And, the property data...
48 October 14, 1997
Mayor Carollo: How many square feet does the building have?
Ms. Bianchino: The lot size is 26,572 square feet.
Mayor Carollo: Twenty-six thousand...
Ms. Bianchino: Five hundred and seventy-two square feet.
Mayor Carollo- OK. It's slightly over half an acre.
Ms. Bianchino: The past data on this does not show the size of the property.
Mayor Carollo: OK. You...
Ms. Bianchino: I mean, of the building. I am sorry.
Mayor Carollo: OK, you don't have the square footage on the building.
Ms. Bianchino: No, I don't.
Mayor Carollo: Do you have any idea how many square feet it might be, approximately, or?
Ms. Bianchino: I am sorry, I don't.
Mr. Irby McKnight: One fifty-one. One hundred and fifty-one thousand six hundred and ninety-
five.
Mayor Carollo: Yes, she gave me that. But, I am saying, do you know approximately how
many square feet does the building have?
Mr. McKnight: One hundred and twenty-two thousand four hundred and sixty-six.
Commissioner Plummer: Oh, no. No way.
Mayor Carollo: No, no. There is no way. It's no way it will have that.
Ms. Bianchino: No, no. The lot size is only 26,000 square feet.
Mayor Carollo: Yeah. From... It's hard to tell from here how many square feet it is, but is it
reasonable, Dena, Father Barry, to estimate that it might be as much as 2,500 square feet, more
or less?
Reverend Barry: Probably more.
Mayor Carollo: More.
Commissioner Plummer: More.
Reverend Barry: More.
Commissioner Plummer: Yeah.
Mayor Carollo: Three thousand, 4,000?
49 October 14, 1997
Reverend Barry: I would say somewhere in the neighborhood of 3,200
Mayor Carollo: OK.
Reverend Barry: It's a two-story building.
Mayor Carollo: Yeah. OK. So you are saying, somewhere in the...
Commissioner Gibson: It was gutted at one time when the YMCA... YWCA (Young Womens
Christian Association) was going to take it.
Mr. Ralph White: In this package here, I have a picture of it and where it's located. And, there
is a lot of background information...
Mayor Carollo: Good.
Reverend Barry: ... that I think might be important to this Commission.
Mayor Carollo: Thank you.
Commissioner Gibson: Thanks.
Mayor Carollo: In as far as... Thank you, sir. In as far as the cost to bring the building back to
what it should be, do you have any estimates of what it would cost do it?
Mr. McKnight: That would be... No, I don't. But, that is going to be the responsibility of the
Police Union.
Mayor Carollo: I understand. I am just trying to figure out how much it will cost if you have
any estimates so that we can have a plan on how to accomplish it. See, what I want to
accomplish is, that we really do what you want to do here today. We are not going to
accomplish anything by just giving... leasing a property and then, because the cost is so great, we
don't get anywhere. I want to do a whole plan where we are going to be able to identify this is
what it's going to cost to do. We are going to find funds from here, from here, from here.
Because, the City can help in other ways too, getting some grants to help with this, especially by
making it historic site, we may even be able to pull some state money to fix it up. We can look
at other different types of grants that we have. So, what I am saying is, that we need to have a
plan from A-Z so that this becomes a reality. Not just one more dream that was well intended
but we didn't have the money, we found out that it was going to cost too much and we couldn't
raise it. This is what I am talking about. To really, finish this.
Reverend Barry: Mr. Mayor, I understand exactly what you are saying. Perhaps, what the
Commission can do today, is to designate this site as an historic site in honor of the Black police
officers and you with the union can come together and devise a plan whereby all of these things
can be brought to fruition.
Mayor Carollo: Father Barry, I will be very happy to do that because, I am with you, I want to
make this happen.
Reverend Barry: Uh-huh.
Mayor Carollo: But, I want to make sure that we put all of the pieces together, so it happens and
it happens quick.
50 October 14, 1997
Reverend Barry: Uh-huh.
Mayor Carollo: Not just layout one part of the plan, and it might be years before we finish it.
Reverend Barry: Uh-huh.
Mayor Carollo: And, let's lay it all out. The amounts that I am seeing, that this is going to
entitle, is something that we could handle, that we can do. And, we could get different grants
and funds from many different areas, so that it could happen quickly. And, this is what we need
to do. We need to get some architects in there, and based upon what your idea of the breakup of
the building should be, maybe you might want to have even a nursery for the community. I
don't know what ideas you might have to do that. Let's get some architects. Let's draw up a
plan on how it should be done. We could get some estimates, and then we move forward quickly
in finding the dollars to accomplish it.
Reverend Barry: OK, still don't lose my point.
Mayor Carollo: I haven't lost you point. We...
Reverend Barry: Let's designate it as a site today.
Mayor Carollo: That's number one, today.
Reverend Barry: OK, OK.
Mayor Carollo: We are going to take the first step as we...
Commissioner Gibson: I want to move. Or, Dena, may have something to add.
Mayor Carollo: Yeah.
Commissioner Gibson: Or, want to help us in some way.
Ms. Bianchino: Can I just make a suggestion. I think there is a way that we can work out
something and make this happen. I would like to do what you just suggested, and sit down with
the group, come up with all our options, because we do have options. And, come up with a plan
to make it happen. Now, whether that making it historic hinders or helps the plan at this point, I
don't know.
Mayor Carollo: Well, you need to find that out. But, in my opinion, it's going to help us
because it's going to help us get additional grants...
Ms. Bianchino: You can get money.
Mayor Carollo: ... for dollars to fix it up.
Ms. Bianchino: That's right.
Mayor Carollo: So, I don't see how it's going to hurt us. But...
Mr. A. Quinn Jones, II1, Esq. (City Attorney): Mr. Mayor, let me just remind you that there is a
process. It has to go through the Historic Preservation Board.
51 October 14, 1997
Mayor Carollo: I understand that.
Mr. Jones: OK.
Mayor Carollo: But, we could begin that process today, ourselves. And, this is what Father
Barry is talking about. For us to begin the process today.
Commissioner Gibson: Then, I would like to move that we designate this site, this historic site...
Mayor Carollo: Yeah.
Commissioner Gibson: ... for the Black policemen of Miami.
Mayor Carollo: OK. There is a motion from Commissioner Gibson.
Vice Mayor Regalado: Second.
Mayor Carollo: Second by Vice Mayor Regalado. Hearing no further discussion, all in favor
signify by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Gibson, who moved its adoption:
MOTION NO. 97-705
A MOTION DESIGNATING SITE LOCATED AT 1009 N.W. 5TH AVENUE AS A
HISTORIC SITE.
Upon being seconded by Vice Mayor Regalado, the motion was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mayor Carollo: Passed unanimously. Now, we need staff to bring it to the next step as quickly
as possible.
Ms. Bianchino: We will do so. I would like to meet with this group as soon as... Tomorrow, if
that's...
Mayor Carollo: Father Barry...
Commissioner Plummer: Understood.
Reverend Barry: I will be willing to start with you in that capacity.
52 October 14, 1997
Mayor Carollo: ... if I could name you as the chairman of the community's group. And, you
name the people that you would like to participate in the group to lead us, I will be happy to
meet with you and start a process immediately, so we can identify what it is that we need to
accomplish this. How much money we need, and then start identifying where we will pull the
funds from.
Reverend Barry: Will do. Thank you.
Commissioner Gibson: Thank you.
Mayor Carollo: Thank you, very much.
Police Sgt. Johnson: Thank you.
Mr. Flowers: Thank you.
Police Sgt. Johnson: I think, I would like to reiterate something that Father Barry said. He said,
the Police Union, it's not really the union, it's the Miami Community Police Benevolent
Association...
Commissioner Gibson: Benevolent Association.
Police Sgt. Johnson: ... so we can be corrected on that.
Mayor Carollo: OK.
Commissioner Gibson: Thanks.
Mayor Carollo: Thank you, very much.
Reverend Barry: Again, we would like to thank everyone.
Commissioner Plummer: Well, Mr. Mayor, there is... Mister, Father Barry, wait a minute. The
City Attorney has made a point that he wants to make sure is understood. What we did here
today, is to start what is a process that has to be followed.
Mayor Carollo: They understand. They understand.
Reverend Barry: Yeah.
Commissioner Plummer: OK. He just wanted to make sure that you weren't walking away with
a misunderstanding, and so, he asked that that be put on the record and that you fully understand
what actually transpired. So, be it.
Unidentified Speaker (off microphone): Yes, we'll be going to process that. (phonetic)
Reverend Barry: Yes, thank you. And, I'll have a letter off to Sarah Eaton, today. Thank you.
Commissioner Plummer: OK. Remember, the real historical designation you want, is out of
Washington. Because, that's where the dollars are.
Reverend Barry: Uh-huh. Yeah. Thank you, sir.
Mayor Carollo: Well, Washington and the state. The state has some 43 billion dollars in their
budget. And, they have money for historic sites like this.
53 October 14, 1997
Reverend Barry: We look forward to this. The City will be proud. Thank you, very much.
And, we are proud of this City.
Mayor Carollo: I am sure, it will be. Thank you.
Commissioner Gibson: Thank you.
----------------------------------------------------------------------------------------------------------------
17. PROPOSED EMERGENCY ORDINANCE: AMEND ORDINANCE 11409
ESTABLISHING "GANG REDUCTION ACTIVITIES AND SPORTS
PROGRAM" -- INCREASE APPROPRIATIONS TO FUND BY $237,515.
Commissioner Plummer: All right. What's next?
Mayor Carollo: OK. Thirteen -A, you want to defer for the afternoon, you say, Commissioner,
right?
Commissioner Plummer: Right.
Mayor Carollo: We are now in Item 14. It an emergency ordinance.
Commissioner Plummer: Where are we, Mr. Mayor.
Mayor Carollo: Item 14. Why am I missing 14?
Commissioner Gibson: Gang reduction activities...
Commissioner Plummer: Oh, this is the gang money. I move it.
Commissioner Gibson: Second.
Commissioner Plummer: Do we have four votes? Yes, we do.
Mayor Carollo: Yes, we do. A motion has been made and second. Can you read the ordinance
please.
Commissioner Plummer: Wait a minute, I have a question. Mr. City Manager, to me this would
be a very appropriate thing for Law Enforcement Trust Funds. Why is it coming out of the
General Fund of the Police Department? My understanding, Law Enforcement Trust Funds have
to be used for crime prevention. Correct? Why is the matching money, and there are some other
items out here, why isn't that coming out of Law Enforcement Trust Funds?
Police Chief Warshaw: We can... Go ahead.
Police Captain Longueira: OK. Commissioner, last year when we first got this grant, we didn't
have the Law Enforcement Trust Fund dollars, so you are exactly right. The matching grant
funds is a statutory provision. So...
Commissioner Plummer: You keep telling me that's the only thing it could be used for.
54 October 14, 1997
Police Captain Longueira: All right,what we have done... That's not the only thing. The fifty-
seven thousand dollars ($57,000) has been identified from various general fund budget codes,
but we could use the trust fund for this.
Commissioner Plummer: Then, I...
Police Captain Longueira: So, if you would like to substitute that...
Commissioner Plummer: I amend the ordinance to read that as far as the matching fund is
concerned. And, also would be the item 15.
Police Captain Longueira: All right, item 15, is an in -kind match. There is no cash involved in
that. It's only item 14.
Commissioner Plummer: It says matching funds. Funds, not soft...
Police Captain Longueira: No, item 15 is in -kind.
Commissioner Plummer: Excuse me. It says matching funds. F-U-N-D-S to me, is money.
Police Chief Warshaw: In -kind.
Police Captain Longueira: Not on item 15. Item 15, I am...
Commissioner Plummer: On item 15, the next item.
Mr. Edward Marquez (City Manager): That's correct. In the body of the resolution it says,
funds.
Commissioner Plummer: It says funds. Not F-U-N-S, but F-U-N-D-S.
Police Captain Longueira: I don't know who wrote that.
Mr. Marquez: That's correct.
Police Captain Longueira: All right, the... I am reading from the backup memo from the
Manager to the Commission. I see what it says on the agenda. And, it's all...
Commissioner Plummer: So, it's all in -kind?
Police Captain Longueira: Right.
Police Chief Warshaw: Yes.
Commissioner Plummer: That's fine. I now move item 14, Mr. Mayor, with the amendment to
Law Enforcement Trust Fund for the matching grant.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Just a point of clarification, Chief.
Commissioner Gibson: Second.
Mayor Carollo: Yeah.
Mr. Jones. The fifty-nine thousand is coming from the Law Enforcement Trust Fund?
55 October 14, 1997
Police Chief Warshaw: Yes, sir.
Mr. Jones: OK.
Mayor Carollo: It's been moved by Commissioner Plummer. Second by Commissioner Gibson.
Commissioner Plummer: (inaudible)
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Mayor Carollo: Call the roll, please.
NOTE FOR THE RECORD: Although absent during roll,
Commissioner Gort requested of the Clerk to be shown in
agreement with the motion.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11409,
ADOPTED OCTOBER 1, 1996, WHICH ESTABLISHED INITIAL RESOURCES
AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND
ENTITLED: "GANG REDUCTION ACTIVITIES AND SPORTS PROGRAM",
THEREBY INCREASING THE APPROPRIATIONS TO SAID FUND IN THE
TOTAL AMOUNT OF $237,515, CONSISTING OF A GRANT, IN THE
AMOUNT OF $178,136, FROM METROPOLITAN DADE COUNTY AND
MATCHING FUNDS, IN THE AMOUNT OF $59,379, FROM THE LAW
ENFORCEMENT TRUST FUND, SUCH EXPENDITURE HAVING BEEN
CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S.
DEPARTMENT OF THE TREASURY "GUIDE TO EQUITABLE SHARING";
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 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 Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Wifredo Gort
56 October 14, 1997
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 Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS:
ABSENT:
None.
Commissioner Wifredo Gort
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11556.
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.
---------------------------------- 7-----------------------------------------------------------------------------
18. PROPOSED EMERGENCY ORDINANCE: ESTABLISH NEW REVENUE
FUND "STOP VIOLENCE AGAINST WOMEN" -- APPROPRIATE FUNDS
$227,032 ($150,000 STATE GRANT / $77,032 MIAMI IN -KIND MATCHING
FUNDS).
Commissioner Plummer: I move item 15 with a notation that the matching is an in -kind scenario
rather than matching monies. I so move.
Mayor Carollo: Fifteen has been moved, second by Vice Mayor Regalado.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Vice Mayor Regalado: All right, before we proceed to vote, the public will make comments.
Mr. Gonzalez.
Mr. Manuel Gonzalez-Goenaga: Yes. I don't have any quarrel with this emergency ordinance
for stop violence against women. But, we might as well consider a grant, stop violence against
men. Thank you, very much.
Vice Mayor Regalado: OK, call the roll.
Mr. Gonzalez-Goenaga: It works two ways. No discrimination whatsoever.
Commissioner Gibson: OK.
Mr. Walter J. Foeman (City Clerk): Roll call. Commissioner Plummer.
Commissioner Plummer: I don't know whether I want violence against men or not. But, I
guess, yes, I vote yes.
Mr. Foeman: Commissioner Gort.
57 October 14, 1997
Commissioner Gort: I vote, yes. And, also show me for a positive vote on 14.
Commissioner Plummer: I don't think he understood you. I don't think he understood you.
Commissioner Gort: Wait a minute. On 15, yes. And, also show a positive vote on 14. Thank
you.
Mr. Foeman: I understand.
Mayor Carollo: Yes.
An Ordinance entitled -
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE
FUND ENTITLED: "STOP VIOLENCE AGAINST WOMEN", AND
APPROPRIATING FUNDS FOR THE OPERATION OF THE PROGRAM, IN
THE AMOUNT OF $227,032 CONSISTING OF A $150,000 GRANT FROM THE
OFFICE OF THE GOVERNOR, TASK FORCE ON DOMESTIC AND SEXUAL
VIOLENCE AND CITY OF MIAMI MATCHING FUNDS, IN THE AMOUNT OF
$77,032; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO ACCEPT SAID $150,000 GRANT AWARD FROM SAID
GRANTOR; FURTHER AUTHORIZING THE ALLOCATION OF $77,032.00 OF
CITY OF MIAMI IN -KIND MATCHING FUNDS FROM THE POLICE
DEPARTMENT GENERAL OPERATING BUDGET; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE.
was introduced by Commissioner Plummer and seconded by Vice Mayor Regalado, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
58 October 14, 1997
Whereupon the Commission on motion of Commissioner Plummer and seconded by Vice
Mayor Regalado, adopted said ordinance by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11557.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
19. PROPOSED SECOND READING ORDINANCE: ESTABLISH SPECIAL
REVENUE FUND "MIAMI CITY HALL MASTER PLAN" PROJECT
GRANT -- APPROPRIATE $15,000.
Mayor Carollo: OK, we are now in item 16.
Commissioner Plummer: Move it.
Mayor Carollo: It's been moved by Commissioner Plummer. Second by Commissioner Gort.
Commissioner Plummer: Mr. Mayor, I... Since, it is not part of the item, I am expecting that
that which was shown to me by the Public Works Department is the plan that has been approved
and will be proceeded with, that is the monies that are being spent. I move it.
Mr. Jim Kay (Interim Director/Public Works): Yes, sir, it is.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
59 October 14, 1997
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 $7,500 CASH CONTRIBUTION FROM THE CITY OF MIAMI
DEPARTMENT OF PLANNING AN DEVELOPMENT; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
passed on its first reading, by title, at the meeting of September 23, 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. 11558.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
20. PROPOSED FIRST READING ORDINANCE: AMEND CHAPTER 46 OF
CODE "PUBLIC NUISANCES" TO AMEND DEFINITIONS / CHANGE
REQUIREMENTS FOR NOTICE / PROVIDE FOR FINES TO BE LIENED --
FURTHER COMMENTS REGARDING LOT CLEARING ORDINANCE.
Mayor Carollo: Seventeen.
Commissioner Plummer: Seventeen. I'll move it, but then I have a question.
Mayor Carollo: It's been moved by Commissioner Plummer. Is there a second?
Commissioner Gibson: Second.
Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gort. Questions.
Commissioner Plummer: Mr. City Attorney.
60 October 14, 1997
11
•
Mr. A. Quinn Jones, III, Esq. (City Attorney): Yes.
Commissioner Plummer: Define the area that you want to say, public nuisances are
incorporated. Is that something of just what we would normally take before the Nuisance
Abatement Board, but not Code Enforcement?
Mr. Jones: Yeah. What this basically does, it expands it such that it would include noise,
excessive noise and the like.
Commissioner Plummer: Right.
Mr. Jones: And, it expands the definition of operator in terms of giving notice. So, the owners is
now put on the... Really, the owner of the building to give notice...
Commissioner Plummer: OK.
Mr. Jones: ... to his tenant and the like, that so...
Commissioner Plummer: The point I am trying to make.
Mr. Jones: Yes.
Commissioner Plummer: Is the ordinance which we passed here about people who refuse to
maintain their property in a property way, that should be cut every three months by the City, if
they don't do it? Is this going to incorporate the public notice to these people, that what you are
saying is that we have to public notice?
Mr. Jones: No,.that would still...
Commissioner Plummer: Florida East Coast Railroad, I am watching everyday as it rains, the
weeds are getting higher and higher. Vacant lots downtown are absolutely becoming overrun,
becoming public health problems. I want to know when are we going to start and whether or
not...? My question really was, does this ordinance address that?
Mr. Jones: No. This...
Commissioner Plummer: When Mr. Manager? This is now six months old, we have not done
anything in this area. And, I am asking the question, when are we going to start?
Mr. Edward Marquez (City Manager): We have been working on the issue. We are securing the
funding sources for lot clearing and the processes are in motion. We will give you a full update
as to our progress. We can compile that and present that to you, later on this week.
Commissioner Plummer: I keep telling people who call my office, we passed an ordinance, we
are going to enforce it. And, they keep calling back and saying, when? Now, you know, if we
mean what we say, then we have got to do it. Now, this public notice kind of bit, is, you know,
bugging us down. We need to address it. That, if people don't do what they are supposed to
do... Let me tell you something. One of the biggest problems I think that is an eye soar in this
City, is people who will not maintain, not only their residences, but vacant lots as well. So, I
would like to have on the next Commission meeting agenda, the full implementation of when
that is going to be put into effect and when it's going to meet something to the people of my
district who I have promised that something is going to be done. I move 17, Mr. Mayor. I just
didn't know whether it incorporated on the other area or not.
61 October 14, 1997
Mayor Carollo: Seventeen is moved. Second by...
Commissioner Gibson: Second.
Mayor Carollo: ... Commissioner Gibson. Can you call the roll, rather read the ordinance,
please?
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Mayor Carollo: Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 46 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED: "PUBLIC NUISANCES", TO
AMEND THE DEFINITION OF THE TERMS "OPERATOR" AND
"SUBSTANTIATED INCIDENT" (AS IT RELATES TO A BREACH OF SECTION 6-
39 AND/OR CHAPTER 36), CHANGE THE REQUIREMENTS FOR NOTICE
PROCEDURES, AND PROVIDE THAT FINES MAY BE LIENED; MORE
PARTICULARLY BY AMENDING SECTIONS 46-1, 46-3, AND 46-9 OF SAID
CODE; CONTAINING A REPEALER PROVISION, 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
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
21. PROPOSED FIRST READING ORDINANCE: AMEND ZONING
ORDINANCE 11000 -- DELETE SUBSECTION 1104.4 THROUGH 1104.4.1
FROM ARTICLE 11 -- SUBSTITUTE SUBSECTION 926.15.2.1 IN ARTICLE
9 -- AMEND SUBSECTION 926.15.2 TO ALLOW TEN BILLBOARDS.
Vice Mayor Regalado: I move 18, Mr. Mayor, but with some amendments. Amended ordinance
is to provide that billboards are permitted on the East side of I-95 for properties North of
Northwest 36th Street and that it would also... delete the requirement of a special exception for
approval of the billboard and directing the planning staff to present the second reading, an
ordinance which includes these changes.
62 October 14, 1997
Mayor Carollo: There is a motion, is there a second?
Commissioner Plummer: Second.
Mayor Carollo: Second by Commissioner Plummer. Can you read the ordinance, please?
Commissioner Plummer: Let me go on the record. I think that there are areas on the East side
that would be acceptable and some that would be not. There is a lot of commercial and
industrial kind of zoning on the East side of the Boulevard. And, I see no problem whatsoever,
of allowing them in a commercial and industrial kind of area. I would have to have some second
thoughts about residential. I think residential, I would have to have some serious thoughts about
that.
Ms. Lourdes Slazyki (Asst. Dir./Land Dev. & GIS): OK, can I, for clarification? This would be
to remove the prohibition on the East side, just north of 36th Street and remove these special
exception requirements?
Vice Mayor Regalado: That is right.
Ms. Slazyk: All right. The rest of this legislation is only to allow one more billboard. I just
want to make sure everybody understands that. The zoning ordinance 9500, years ago had a ten
billboards. We reduced it to nine. When we enacted 11000, we removed all ten, which made the
nine of them that were out there, nonconforming. This will make the nine that exist out there
conforming again, which will add one more. Today, the way it's written, there is prohibition
west... east of I-95, and there is a requirement for a special exception. So, the only thing this is
really going to do is to allow that tenth billboard to come in, east of I-95...
Vice Mayor Regalado: Right.
Mayor Carollo: That will...
Ms. Slazyk: ... on 36th Street, without special exception.
Vice Mayor Regalado: Right.
Mayor Carollo: That's what I understand it all means.
Commissioner Plummer: Well, yeah. And, my concern, it would have to be in a commercial or
industrial area, all right?
Ms. Slazyk: I believe that is already addressed in the regulations for the C-2 and industrial
district.
Commissioner Plummer: OK. I just... I don't think it would be appropriate in a residential kind
of environment. All of them I know that exist today are primarily in a commercial area and
that's where they should be.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Mr. Vice Mayor, to accomplish what you want,
we would have to come back with another ordinance that would address that.
Vice Mayor Regalado: That's right.
Ms. Slazyk: It would have to go back to the Planning Advisory...
63 October 14, 1997
Mr. Jones: ... Advisory Board.
Ms. Slazyk: ... Board, I believe because it wasn't advertised that way.
Vice Mayor Regalado: All right.
Ms. Slazyk: So, we could put it on the October 29th Planning Advisory Board and have it back
here in November.
Commissioner Plummer: Yeah.
Vice Mayor Regalado: That's fine.
Ms. Adrienne Pardo: Could I address the issue on the Planning Advisory Board? My name is
Adrienne Pardo, with law offices at 1221 Brickell Avenue. I am here today on behalf of
Outdoor Advertisement. I believe when it went before the Planning Advisory Board, the title
didn't make any reference to it requiring a special exception, so it wouldn't change the title at all
that went before the Planning Advisory Board. So, there should be no need for that.
Mr. Jones: Well, the location has changed. So, I mean, that's different.
Ms. Slazyk: Yeah, it's a substantial change to what went before the board. And, it's a change in
a more restrictive manner, not a more liberal. It's going to make it more liberal than...
Commissioner Plummer: More liberal than...
Commissioner Gort: More liberal.
Ms. Slazyk: More liberal, that's right.
Commissioner Plummer: It's just backwards.
Ms. Slazyk: It if were the other way around, it wouldn't be a problem. But, you are making
something... it's much more liberal. We are moving a special exception...
Mayor Carollo: Well, what we are dealing with is only what we have before us today. Anything
else, has to go through the process. We will deal with it at another time.
Ms. Slazyk: Yeah, I can get it back here in November. We haven't advertised our October 29th
agenda yet.
Mayor Carollo: OK, is there a motion for the item that we have before us here, today?
Vice Mayor Regalado: Yeah, there is a motion.
Mayor Carollo: OK, there is a motion. Second by Commissioner Plummer. Can you read the
ordinance, please?
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Mayor Carollo: Call the roll, please.
64 October 14, 1997
An Ordinance entitled -
AN ORDINANCE AMENDING NO. 11000, THE ZONING ORDINANCE, BY
DELETING SUBSECTIONS 1104.4 THROUGH 1104.4.1 FROM ARTICLE 11 IN
THEIR ENTIRETY AND SUBSTITUTING IN LIEU THEREOF NEW SUBSECTION
926.15.2.1 TO ARTICLE 9, AND AMENDING SUBSECTION 926.15.2, TO ALLOW
A MAXIMUM OF TEN OUTDOOR ADVERTISING SIGNS (BILLBOARDS)
CITYWIDE, SUBJECT TO APPROVAL AS A SPECIAL EXCEPTION, WITH
CERTAIN STANDARDS AND CONDITIONS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Vice Mayor Regalado, seconded by Commissioner Plummer, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
The City Attorney read the .ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
22. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 19 (AUTHORIZE
AGREEMENT WITH PUBLIC HEALTH TRUST TO COORDINATE
EMERGENCY MEDICAL SERVICES PROVIDED BY CITY FIRE -RESCUE
TO JACKSON MEMORIAL HOSPITAL).
Mayor Carollo: We are now in item 19.
Commissioner Plummer: I ask that this be deferred.
Mayor Carollo: OK, 19 is deferred.
Commissioner Plummer: Mr. Mayor, I still, for the life of me, I don't understand Jackson
Hospital wanting to charge us near two hundred thousand dollars ($200,000) for a so-called
"medical director." You know, I guess, if I didn't see on the Cable of Metro Dade County doing
their budget, that Jackson Hospital had a surplus of like four million dollars ($4,000,000) that
they gave to the budget of Dade County to help them balance their budget. I just don't
understand for the life of me why we have to pay Jackson Hospital... And, you know, I want to
remind this Commission, that at the Ryder Trauma Center, we were the first ones to donate one
hundred thousand dollars ($100,000) a year to build that Ryder Trauma Center. And, I think we
are at about the last year to be paid off now. Because, it was either three or five years that we
contributed to that thing. Mr. Mayor, I think it is very, and highly unfair to ask of this City to
pay for a so-called "medical director" to the Jackson Hospital to provide the service to the people
65 October 14, 1997
of this community that our rescue vehicles bring in to that hospital. It to me, is totally, totally
out of place. And, I think I need to have our Fire Chief go and talk with Ira Clark, and say to
Mr. Clark, "hey, why"? So, I would ask that this matter be deferred at this time, Mr. Mayor.
Mayor Carollo: It is deferred, Commissioner. Chief, you...
Commissioner Plummer: And, report back...
Mayor Carollo: ... have heard from the Commission. Because, Commissioner Plummer is
speaking for all of us on that.
Fire Chief Gimenez: Yes, sir.
Mayor Carollo: Thank you.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
23. APPROVE INCREASE OF $15,000 TO PROFESSIONAL SERVICES
AGREEMENT OF BERMELLO AJAMIL & PARTNERS -- FOR
REFURBISHMENT OF MIAMI RIVERSIDE CENTER -- ALLOCATE FUNDS
FROM CIP PROJECT 311042 -- DIRECT ADMINISTRATION TO PREPARE
COMPARATIVE ANALYSIS OF COSTS INVOLVED.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: We are on item 20.
Commissioner Plummer: We have no choice on 20, it's ratification. I assume it's ratification,
basically.
Mayor Carollo: Is there a motion, Commissioner?
Commissioner Plummer: I move it.
Mayor Carollo: It's moved by Commissioner Plummer, second by Commissioner Gort.
Discussion from the public?
Mr. Manuel Gonzalez-Goenaga: Yes, it seems, many years ago, regarding this building that has
been a matter of discussion, discussion and discussion. I remember a previous Commissioner
who once said "I do not want, this will be the last expense in this building" the Miami Riverside
Center. And, I now I see an increase and if I am not mistaken and I might be wrong, this
Bermello and partners have also... I am against it because they are also contributing to these
political campaigns and they are asking for an increase in an amount of not to exceed fifteen
thousand dollars ($15,000). I... I...
Commissioner Plummer: They didn't contribute to my campaign because I am not running and I
made the motion. It's something... that's work that has to be done. They have done the rest of
the work. It is proper, it is due and it needs to be done. I am not going to their background of
who they politically contributed to, I... damn few architects in this County, who haven't
contributed to campaigns. So, I guess you could really say that about anyone, but...
66 October 14, 1997
Mayor Carollo: What is being asked of this Commission, today, Chief, is an increase in an
amount not to exceed fifteen thousand dollars ($15,000).
Commissioner Plummer: That's it.
Mayor Carollo: Can you explain to us, what it entails too? Why is it that you are presenting this
to us, today?
Fire Chief Gimenez: Well, when we had the original drawings of the building, they were the
architects that did the drawings of the building. We went back and made some changes in order
to reduce the construction cost in the building. That incurred additional cost. And, this is the...
this particular item or this increase will close out the contract with them. They have already
performed the work and they need to get paid,.
Mr. Gonzalez-Goenaga: OK, and then the...
Mayor Carollo: Excuse me, Mr. Goenaga
Commission, that we approve today.
Fire Chief Gimenez: Yes, sir. I am.
This is what you are recommending to this
Mr. Gonzalez-Goenaga: Then, I would like in just one statement, in a recent statement, the... all
the amount besides the actual purchase of the building in remodeling and computers that this
building has cost to the citizens of Miami. Thank you very much.
Mayor Carollo: Well, for the record, four of us were not around here when this building was
purchased. Any further discussion from the Commission? There has been a motion, there is a
second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays."
67
October 14, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-706
A RESOLUTION APPROVING AN INCREASE, IN AN AMOUNT NOT TO EXCEED
$15,000, IN THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY
OF MIAMI, FLORIDA AND BERMELLO AJAMIL & PARTNERS, DATED
SEPTEMBER 25, 1995, THEREBY INCREASING SAID AGREEMENT AMOUNT
FORM $93,752 TO $108,752, FOR ARCHITECTURAL SERVICES RENDERED IN
CONNECTION WITH THE CAPITAL IMPROVEMENT PROJECT ENTITLED:
"MIAMI RIVERSIDE CENTER (MRC) ACQUISITION"; ALLOCATING FUNDS
THEREFORE FROM CAPITAL IMPROVEMENT PROJECT NO. 311042, AS
APPROPRIATED BY CAPITAL IMPROVEMENT ORDINANCE NO. 11337,
ADOPTED JANUARY 25, 1995, AS AMENDED; AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT TO SAID AGREEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EVIDENCE SAID
INCREASE.
(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.
Commissioner Gort: Mr. Mayor, for the sake of informing the public, I think it is very
important, whenever you are going to this study, how much we have spent, how much it would
have cost to build an additional building to do this and how much it would cost to put it up
today, so we can compare and see if we made a good deal or not.
Fire Chief Gimenez: Yes, sir.
----------------------------------------------------------------------------------------------------------------
24. AMEND R96-240 -- INCREASE CONTRACT WITH JULES BROS
UNIFORMS, INC. BY $75,000.
Mayor Carollo: OK, we are now in item 21.
Commissioner Plummer: Move it.
Mayor Carollo: Moved by Commissioner Plummer. Second by Commissioner Gort. All in
favor signify by saying "aye."
68 October 14, 1997
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-707
A RESOLUTION AMENDING RESOLUTION NO. 96-240, ADOPTED APRIL 25,
1996, THEREBY (1) INCREASING THE CONTRACT WITH JULES BROS.
UNIFORMS, INC., IN THE AMOUNT OF $75,000.00 ANNUALLY, FOR THE
FURNISHING OF UNIFORMS FOR THE DEPARTMENT OF FIRE -RESCUE; AND
(2) CHANGING THE DESIGNATED ACCOUNT CODE FROM WHICH SAID
FUNDS SHALL BE ALLOCATED.
(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.
---------------------------------------- --------------- ---------------------------------------------------------
25. AUTHORIZE SETTLEMENT: TARAFA CONSTRUCTION, INC. CASE 90-
49590-CA (01)--ALLLOCATE FUNDS FROM SELF-INSURANCE TRUST
FUNDS CODE 424401-661.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Item 22 from the Department of Public Health.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor and members of the Commission, this
particular case, of course, went to trial and I reported to you that an adverse judgment came back
against the City for 1.2 Million. That would have included damages of approximately eight
hundred forty-seven thousand and there was an award of attorneys fees of approximately one
hundred forty-three. Subsequent to that, we did appeal that, and we did get a reverse. And, what
we did once the appellant court reversed that decision, we did sit down with the other parties in
an attempt to come to some resolution. I have to tell you outright that there is some liability, a
great portion of liability because this case involves certain delayed claims in the construction of
the fire garage number four. Even if we were to try the case again, I feel very strongly that a
jury would come in with a verdict somewhere in the neighborhood that they did before, maybe
somewhat less. But, what we think is reasonable, we have met with him, the City Manager...
Assistant City Manager Nachlinger and members of my staff and we came up with what we
thought is a reasonable settlement of this claim for six hundred thousand dollars ($600,000).
69 October 14, 1997
Commissioner Plummer: Where is the money coming from?
Mr. Jones: It is coming from the self-insurance and insurance trust fund.
Commissioner Plummer: How much is in that fund?
Mr. Robert J. Nachlinger (Assistant City Manager): Commissioner, that's funded on a pay as
you go basis. We are establishing reserves annually and have done so for the first year at 1.1
million. And, there was fifteen million dollars ($15,000,000) budgeted in this year's budget to
pay all these claims which traditionally has been the... approximately the amount we pay out.
And, we are also establishing again, this fiscal year, another 1.1 million in reserves for that to
begin to build the reserves necessary.
Commissioner Plummer: What is the significance that you are asking us to go back to the
Sunshine State Loan? Is that for the purposes of covering the potential liability that we have and
ongoing?
Mr. Nachlinger: No, sir.
Commissioner Plummer: What is that? What is the reason that you want to go back and join
hands with the Sunshine State Loan?
Mr. Nachlinger: Actually, we want to amend the Interlocal Agreement with the Sunshine State
Loan to change the liquidity provider in that Interlocal Agreement. The State Board of
Administration was the liquidity provider. They had a three year contract, their contract is
expiring and we are getting...
Commissioner Plummer: OK.
Mr. Nachlinger: ... a new liquidity provider.
Commissioner Plummer: I'll deal with that one later. I just wanted to know if it was the same.
Because, you still have your outstanding loan for the Florida League of Cities.
Mr. Nachlinger: That's correct.
Mr. Edward Marquez (City Manager): The Sunshine State Loan amendment that we are asking
for is technical items, so... to enable the loan program to lend money to other participants and
has nothing to do with our money.
Commissioner Plummer: Yeah, but you have outstanding loans with the first loan of the Florida
League of Cities, right in the neighborhood of about seventeen million dollars ($17,000,000), as
I recall.
Mr. Nachlinger: That's correct.
Mr. Marquez: Right.
Mayor Carollo: All right.
Commissioner Plummer: OK. Mr. Mayor, I move the item. I, you know, you could roll the
dice, but the dice go both ways. And, I don't know where we have... with the strong statements
of the City Attorney on the record, if that were to go to court, and those minutes were to be
explained to the judge, God help us. So, you know, all I can say to you is, I move it.
70 October 14, 1997
6T - -vctoner r4-r9y /
Mayor Carollo: It's been moved by Commissioner Plummer.
Commissioner Plummer: I didn't like it.
Commissioner Gibson: I, second.
Mayor Carollo: Second by Commissioner Gibson. And, nobody likes it, Commissioner. All in
favor signify by saying "aye.
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-708
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
TARAFA CONSTRUCTION, INC., THE SUM OF $500,000.00, WITHOUT ANY
ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY
AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, FLORIDA,
IN THE CIRCUIT COURT OF DADE COUNTY, FLORIDA, CASE NO. 90-49590-
CA(01), UPON THE EXECUTION OF A RELEASE RELEASING THE CITY OF
MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS
THEREFORE FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE
TRUST FUND, INDEX CODE NO. 424401-661.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mr. Manuel Gonzalez-Goenaga: May I make a clarification? I am surprised mister...
Commissioner, that you were here when these things happened. I vividly remember when I used
to come here with the... before Suarez time. Being an attorney, and there were not so much
questioning and inquisitive as now. So, I, compliment you for being extremely inquisitive with
this new Commission. Thank you.
Commissioner Plummer: Mr. Gonzalez-Goenaga, you were not here in the past. That was
called "the good old days." And, for that reason, you don't know that my inquisitive was good
or bad. But, "the good old days" we look forward to hopefully returning.
71 October 14, 1997
----------------------------------------------------------------------------------------------------------------
26. SAM MASON CONGRATULATES COMMISSION FOR OCTOBER 12TH
YOUTH DAY AT MELREESE GOLF COURSE.
Mayor Carollo: Sam, go ahead.
Mr. Sam Mason: Mr. Mayor, distinguished Commissioners. I want to congratulate this
Commission and the City of Miami for, Sunday the 12th was a great day for the young people of
this City. There were thousands of young kids came out to the Tiger Woods Clinic. They had a
beautiful day. It was very informative. Tiger's father spoke to the kids, spoke to their families
and it was just a dynamic day. It was a day that we could all be proud of. But, I want to thank
the Mayor and the Commissioners for allowing me to present the proclamation to the Tiger
Foundation. It was a great thrill for me and I really appreciate it. And, they gave their profound
thanks to the City of Miami and this... to the Mayor and this Commission. I want to thank you
again, and thank you for the young people of this great City, that they had a wonderful day in the
sun and a wonderful day of golf and instruction. Thank you, very kindly.
Mayor Carollo: Thank you, Sam, for all your work and effort.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
27. AUTHORIZE CITY MANAGER TO ENGAGE ROBERT S. GLAZIER, ESQ.
TO SERVE AS COUNSEL -- FOR APPEAL IN MICHAEL GOLD VS. CITY
CASE 92-1673-CIV-KEHOE -- ALLOCATE $18,000 FROM SELF-
INSURANCE TRUST FUNDS CODE 424401-652.
Mayor Carollo: OK, we are on item 23, now. It's a resolution.
Commissioner Plummer: Mr. City Attorney...
Mr. A. Quinn Jones, III, Esq. (City Attorney): Yes.
Commissioner Plummer: ... remind me, what is this?
Mr. Jones: Let me... This was a lawsuit at the Orange Bowl. It was the Orange Bowl, involving
a guy who was arrested who claimed that his handcuffs were...
Commissioner Plummer: Was it the one that we just read about in the paper?
Mr. Jones: No, this is...
Commissioner Plummer: Another one.
Mr. Jones: No, this happened some... Anyway, we went to trial on it and we got a verdict
against us of, I think it was forty-six thousand, actually it was fifty-nine thousand... Yeah, it's
72 October 14, 1997
twenty-six thousand five hundred. And, there was also a claim on 1983 for fifty-nine thousand
dollars ($59,000). And, this is the one that I am trying to... I want to appeal and get knocked
out. Because, having prevailed on a 1983 claim, that entitles them to attorneys fees of what's
almost sixty thousand dollars ($60,000). We, in accessing this, we feel that we have a very good
chance of getting the 1983 claim reversed. This particular appellant counsel that we used was
also successful in getting the Tarafa case.
Commissioner Plummer: Fourteen years ago.
Mr. Jones: I am sorry.
Commissioner Plummer: Fourteen years ago, this happened?
Mr. Jones: I don't think...
Commissioner Plummer: You say, '83?
Mr. Jones: No, I don't think it was 14 years ago.
Commissioner Gibson: It says 1983..
Mayor Carollo: No, this case was filed in 1992.
Mr. Jones: Nineteen ninety-two, yes.
Commissioner Plummer: But, you keep referring to '83.
Mr. Jones: No, I said 1983, which is a Civil Rights violation. That was one of the claims that
the...
Commissioner Plummer: I knew I heard '83.
Mr. Jones: ... that was accessed against us. What I want to do is, appeal that because I feel that
we...
Commissioner Plummer: Move it.
Mr. Jones: OK.
Mayor Carollo: It's been moved. Is there a second?
Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gort. Any further discussion from the Commission?
Mr. Gonzalez-Goenaga: My only concern...
Mayor Carollo: No, I said, Commission, Mr. Goenaga.
Mr. Gonzalez-Goenaga: Oh, I am sorry.
Mayor Carollo: Hearing none, you may have two minutes.
Mr. Gonzalez-Goenaga: My only concern is, that having 22 lawyers, rather very well paid, and
if we want a reversal, why don't we use the in-house? I understand that in-house people in the
73 October 14, 1997
i
•
Law Department has won some and lost some. But, with the issue of Civil Rights and the issue
of police and the perception on the citizens and what's going on all over the United States, we
should be very careful. And, if we are going to appeal, let's use the money that the citizens pay,
not hire outside counsel or disband out of 22 attorney, half of them. Thank you.
Mayor Carollo: We are now in...
Commissioner Plummer: Move 24.
Mayor Carollo: Twenty-four.
Commissioner Gort: Before you move 24, let me... I have a question. Second for discussion.
Mayor Carollo: Well, no, we haven't voted upon twenty-three.
Commissioner Plummer: I thought, we did.
Mayor Carollo: All in favor signify by saying "aye.
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
Mr. Jones: OK.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-709
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENGAGE ROBERT S.
GLAZIER, ESQ. TO SERVE AS COUNSEL FOR THE APPEAL TO THE UNITED
STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT OF THE FINAL
JUDGMENT IN MICHAEL GOLD VS. CITY OF MIAMI, FLORIDA, CASE NO. 92-
1673-CIV-KEHOE, AT THE AMOUNT OF $17,500.00 FOR SAID SERVICES, PLUS
A $500.00 FLAT FEE FOR COSTS; ALLOCATING FUNDS THEREFOR FROM THE
CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX
CODE NO. 424401-652.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
74 October 14, 1997
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Mayor Joe Carollo
NAYS: None.
ABSENT: Vice Mayor Tomas Regalado
----------------------------------------------------------------------------------------------------------------
28. AUTHORIZE CITY MANAGER TO ENGAGE SERVICES OF OUTSIDE
COUNSEL OR TITLE INSURANCE COMPANY --FOR TITLE INSURANCE
FOR CITY PROPERTIES -- ALLOCATE $30,000 FROM ACCT. 920205-250.
Mayor Carollo: Twenty-four.
Commissioner Gort: Twenty-four, I have a question.
Mr. A. Quinn Jones, III, Esq. (City Attorney: Sure.
Commissioner Gort: My understanding is, after reading this is, we get reimbursed fifty thousand
dollars ($50,000).
Mr. Jones: Yes. The...
Commissioner Gort: And, we only need thirty thousand dollars ($30,000) to do the title
insurance.
Mr. Jones: Yeah. That's the money... Apparently, this is what happened. We engaged, or
should I say, counsel was engaged to do title work for several of those properties. The City paid
him up front. We found out, very recently, that the title work was never performed. Of course,
we confronted the attorney with it, he reimbursed us in full. In fact, he is no longer in practice
now. So, in order for us to protect the City's interest, we now need to do what should have been
done initially and get that title work done.
Commissioner Gort: So, this will get it done, the insurance done and we will recuperate twenty
thousand dollars?
Mr. Jones: Yes.
Commissioner Gort: Move it.
Commissioner Plummer: Second.
Mayor Carollo: Moved, second. All those in favor signify by saying "aye."
The Commission (Collectively): Aye.
75 October 14, 1997
Mayor Carollo: It passes unanimously.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-710
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENGAGE THE
SERVICES OF OUTSIDE COUNSEL OR A TITLE INSURANCE COMPANY TO
ISSUE OR CAUSE TO BE ISSUED TITLE INSURANCE FOR CERTAIN CITY -
OWNED PROPERTIES, FOR A COST NOT TO EXCEED THIRTY THOUSAND
DOLLARS ($30,000.00) WITH FUNDS THEREFOR HEREBY ALLOCATED FROM
ACCOUNT CODE NO. 920205-250.
(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
Mayor Joe Carollo
NAYS: None.
ABSENT: Vice Mayor Tomas Regalado
----------------------------------------------------------------------------------------------------------------
29. RATIFY / APPROVE / CONFIRM EMERGENCY FINDING -- WAIVE
COMPETITIVE SEALED BIDS -- APPROVE EMERGENCY PURCHASE OF
COMPUTER GRAPHICS SYSTEM FROM AVATAR SYSTEMS -- FOR
PLANNING AND DEVELOPMENT -- ALLOCATE $16,989 FROM ACCT.
660101-840.
Mayor Carollo: We are now in item 25.
Commissioner Plummer: Move 25.
Commissioner Gibson: Second.
Mayor Carollo: Item 25 has been...
Commissioner Plummer: Mr. Mayor.
Mayor Carollo: Yeah.
Commissioner Plummer: This is the kind of things that I think could also be put on to... Oh, it's
an emergency. No, it couldn't be a CA.
76 October 14, 1997
Commissioner Gibson: It's a resolution.
Mayor Carollo: Yeah. There is a motion, there is a second. All in favor signify by saying
"aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously with four -fifths vote.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-711
A RESOLUTION BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION RATIFYING, APPROVING, AND
CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY,
WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS AND
APPROVING THE EMERGENCY PURCHASE OF A COMPUTER GRAPHICS
SYSTEM FROM AVATAR SYSTEMS FOR THE DEPARTMENT OF PLANNING
AND DEVELOPMENT IN AN AMOUNT NOT TO EXCEED $16,989.00;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE O. 660101.840.
(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.
------------------------- --------------- ------------------------------------------------------------------------
30. AMEND R97-73 -- FOR SPECIAL EXCEPTION FROM ZONING
ORDINANCE ARTICLE 4, SECTION 401 TO PERMIT HEALTH CLINIC AT
1900 BRICKELL AVENUE WITH CONDITIONS.
Mayor Carollo: Item 26.
Ms. Lourdes Slazyk (Asst. Dir./Land & Dev. & GIS): Item 26, is a request to modify the
conditions of the Special Assessment Commission granted for 1900 Brickell. As you all may
recall...
Commissioner Plummer: Oh, yeah.
77 October 14, 1997
0 .0
Ms. Slazyk: ... this was that single family residence. All right, the department has... There are
three requests being made here: one is to modify the parking to remove the four turf block
spaces that were required by the Commission. The other is to modify the signage and the third is
to modify the columns in the front of the structure to make them more decorative. The
administration is recommending approval of the parking modifications and the columns, but not
the signage. I have since talked to the applicant and I believe he was going to withdraw the
request about the signage.
Dr. Suarez -Menendez: Yeah, we will withdraw about the signage.
Commissioner Plummer: OK, now hold on because there is another issue here. I have received
numerous calls from the Brickell Association, Mr. Tony Jacobs, in particular, who is of the
contention that trees have been torn... chopped down. In spite of what this Commission said,
now my question is, there were supposedly complaints lodged, is that a correct statement?
Ms. Slazyk: Let me see if the NET (Neighborhood Enhancement Teams)...
Commissioner Plummer: Is it before Code Enforcement Board? Is that a correct statement?
Mr. Rafael Rodriguez (NET Administrator): Sorry, what's the question?
Commissioner Plummer: Sir, in reference to this parcel of property, are you familiar with it?
Mr. Rodriguez: Yes, I am.
Commissioner Plummer: All right. I have received complaints from the Brickell Homeowners
Association that some trees were chopped down against the ruling of the City Commission, that
the landscaping could not be changed without Commission approval.
Mr. Rodriguez: There was some trees that were cut down without permits and a citation, a ticket
was issued, as a matter of fact.
Commissioner Plummer: Have the trees been replaced?
Mr. Rodriguez: No, we haven't received any replacement of trees, yet. He is supposed to take
the plants to the Planning Department for approval, the landscaping plans.
Commissioner Plummer: There was also another complaint. Was it in reference being put down
that was not approved? What was the other matter that went before Code Enforcement?
Mr. Rodriguez: No, we haven't taken this to Code Enforcement. We just gave him a ticket for
removal of the tree.
Commissioner Plummer: And, there was nothing else?
Mr. Rodriguez: Nothing else. No, he is waiving an application for a tree removal, that a permit
authorization after the fact.
Commissioner Plummer: A what?
Mr. Rodriguez: A permit for the tree removal, after the fact.
Commissioner Plummer: You mean, for the trees?
78 October 14, 1997
Mr. Rodriguez: For the trees.
Commissioner Plummer: Well, he's... Does... If I am correct, he has to replace the trees?
Mr. Rodriguez: Yes, he has to.
Commissioner Plummer: OK, so that's... Go from there. What's the other thing that was
involved?
Ms. Teresita Fernandez (Asst. Exec. Secretary): He has been scheduled for a ticketing hearing
meeting for November.
Commissioner Plummer: But, is there? Teresita, is there anything besides the trees, that was the
complaint?
Ms. Fernandez: Not, that I know of.
Commissioner Plummer: It seem like to me there was a second item. It was only the trees?
There is a gentleman behind you.
Mr. Tory Jacobs: Good morning. Tory Jacobs.
Commissioner Plummer: Oh, you are the one that called me. Go ahead.
Mr. Jacobs: Yes, I am from the Brickell Homeowners Association. I am here representing
myself as a Brickell resident and also I am representing the Brickell Homeowners Association,
some 5,000 odd condominium residents with condominium units in this area. As you
Commissioners know, we oppose this granting of the special exception, but we chose to grant it
even though the Planning and Zoning had voted 2-1, 6-3 against. Now, the applicant has shown
his appreciation of your favoring him with the special exception by cutting down a tree,
expressly prohibited by your... by the covenants. And, he is also erecting a wall that I am going
to show you a picture of. The wall that he wants to put the sign on, this 30 ft. sign, but I think he
withdrew that. Anyway, here is an applicant who has been given your favorable treatment, and
yet, he is showing contempt, I think for the City and for the Commission and his neighbors by
doing these prohibited things without proper permission from the City.
Commissioner Plummer: Can we address the issue of the wall? Is that?
Mr. Jacobs: And, I... No, I am going to show you a picture. One other thing...
Commissioner Plummer: No, sir. Troy, I am asking our professional staff, have you addressed
the issue of the wall? Is it a legal wall? Has he taken out a permit? Regardless of the sign,
whether the sign is withdrawn or not, my question is, what about the wall?
Ms. Slazyk: Yes. My understanding is, there is no building permit for the wall. He was allowed
a wall sign which is normally defined as a sign placed on the wall of the building, not the
construction of a wall to place the sign on. And, if that wall that he's constructed, again, I
believe without permit, if that's not on the plans approved by this Commission, then, you know,
he will be cited for that as well.
Commissioner Plummer: Well, the question. I guess the real question here is, that he... when we
approved this issue, we did it with the full knowledge that if he broke the conditions, it would be
subject to the removal of the permit which he received.
79 October 14, 1997
Ms. Slazyk: That is within the Commission's authority. Any special exception granted by this
Commission in which the condition is not complied with, you have the authority to revoke.
Commissioner Plummer: So, we have two issues then, which is the trees, which you are already
addressing. And, the second is a wall which may or may not be in violation. Is that correct?
Ms. Slazyk: Yes. The plans show a wall around the perimeter, but not.a wall in the front of the
property.
Commissioner Plummer: All right, so...
Ms. Slazyk: And, I didn't go by there. I am not sure what...
Commissioner Plummer: Let's ask the applicant. Sir, was the wall there at the time you came
before the Commission?
Dr. Suarez -Menendez: I am very confused about the wall. I don't know what wall is she talking
about. I mean...
Commissioner Plummer: Well, there is a wall here shown on the photograph, sir.
Dr. Suarez -Menendez: That wall was an improvement. That was an approved permit wall.
Commissioner Plummer: Did you build it, sir?
Dr. Suarez -Menendez: It was an approved permit. Yeah, I didn't, the...
Commissioner Plummer: Did you build it, sir?
Dr. Suarez -Menendez: ... contractors.
Commissioner Plummer: OK. They are saying...
Dr. Suarez -Menendez: And, it was approved.
Commissioner Plummer: Sir, if there is a permit, you have got no problem.
Dr. Suarez -Menendez: There is one.
Commissioner Plummer: OK. Now, then if he replaces the trees, that brings him in compliance,
is that correct? If there is a permit...
Ms. Slazyk: I believe so, yes. He has a free standing sign at the front of the property which is
meant to be a directional sign. Perhaps, that's what everybody is calling the wall.
Dr. Suarez -Menendez: Right.
Ms. Slazyk: It's a directional sign.
Commissioner Plummer: OK, look, if the wall is with a permit. Amen. If you are addressing
the problem with the trees and he is going to be made to replace the trees, Amen. Now, I think
what we need to say to this gentlemen is, that we did do a thing favorably for him, but we felt
also for the area and for the residence to historically preserve that house, OK. But, sir, you have
been warned. If you come back again, we want you to know that you fully understood at the
80 October 14, 1997
0
time that we granted that violations were subject for you to loose the permitting that we gave
you. So, I would say to you, sir, to be a good neighbor, you better get this matter resolved and in
the future be a better boy. Because, if not, you are going to... You are the loser.
Dr. Suarez -Menendez: Can I say a word?
Commissioner Plummer: Sure. State your.name and address for the record.
Dr. Suarez -Menendez: My name is Dr. Suarez -Menendez. The address is 1900 Brickell
Avenue. On the confusion of the trees, I have a copy here, you can all see from the company
that did the tree work, which was a legal work done. Apparently, there was a
miscommunication, who was supposed to get the permit. They didn't get the permit. I found
that after the facts. The permit was gotton and all the trees that were removed in here, they were
all legal trees that were removed there was nothing illegal done. As far as it goes... So, you
know.
Commissioner Plummer: Sir, I don't remember that. What I remember was, that you could not
change any of the landscaping without this Commission's approval. Not a permit, this
Commission's approval, that you would not change the facade of that property without
Commission approval. Now, I could... You would have to go to the minutes for that, but that's
what I remember.
Ms. Slazyk: Yes. What the Commission approved when they granted the special exception, was
the plans that were on file which required some tree removals to put the driveway and the
parking in.
Dr. Suarez -Menendez: That's it.
Ms. Slazyk: But, he had to comply...
Commissioner Plummer: Are those the ones that were...?
Ms. Slazyk: But, he had to comply with the landscape...
Dr. Suarez -Menendez: Right.
Ms. Slazyk: ... and relandscape the rest of the property.
Commissioner Plummer: OK.
Dr. Suarez -Menendez: Exactly. That's it.
Ms. Slazyk: And, that's the work that I believe is in progress.
Dr. Suarez -Menendez: That's it. That's what it was.
Commissioner Plummer: If that's the case...
Dr. Suarez -Menendez: That's the case.
Commissioner Plummer: ... then so be it. I am saying to you is, is that if he is not in
compliance, that he is putting himself in jeopardy, that he better make sure, not just now, but in
the future, that he could be putting himself out of 1900 Brickell.
81 October 14, 1997
11
•
Vice Mayor Regalado: So...
Commissioner Plummer: What else do we need to do on this item, if anything?
Vice Mayor Regalado: He's a...
Commissioner Plummer: I'll move the item as proffered before us.
Commissioner Gort: You have got to eliminate three.
Commissioner Gibson: One and three.
Commissioner Plummer: Huh?
Commissioner Gort: The wall... You have got to eliminate the signage.
Commissioner Plummer: Well, amend it subject to the deletion of the sign.
Vice Mayor Regalado: All right.
Commissioner Plummer: Move it.
Vice Mayor Regalado: OK, it's been moved by... Oh, OK.
Mayor Carollo: Moved by Commissioner Plummer?
Commissioner Plummer: Yes.
Mayor Carollo: Is there a second?
Vice Mayor Regalado: Second.
Mayor Carollo: Seconded by Vice Mayor Regalado. Any further discussion from the
Commission? Hearing none, all in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: "Nay." It passes four to one.
82 October 14, 1997
11
•
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-712
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: Mayor Joe Carollo
ABSENT: None
----------------------------------------------------------------------------------------------------------------
31. A. DISCUSS / TABLE TO LATER IN SESSION CONSIDERATION OF
AGENDA ITEM 27 (APPROVE SALE OF MUNICIPAL JUSTICE BUILDING
AT 1145 NW 11 STREET) -- SEE LABEL 46.
B. DISCUSS POLICY OF PAYMENT IN LIEU OF TAXES (PILOT) AS
CONDITION TO ACQUIRE REALTY PARCEL.
Commissioner Plummer: Move 27.
Commissioner Gibson: I want to second it, but I want to show...
Commissioner Gort: Second.
83 October 14, 1997
Commissioner Gibson: ... that they show this as being the number one spot. And, I just don't
think we can do that because I think we will be questioned on it. So, just state it as it is, that we
accepted the number two because of why we accepted.
Mayor Carollo: Yeah. If I may, Commissioner, on item 27 and 28.
Commissioner Plummer: Yeah.
Mayor Carollo: If we could leave this for the afternoon.
Commissioner Plummer: Sure.
Mayor Carollo: Mayor Penelas will be coming in at approximately 3:15 to address this body on
those two items.
Commissioner Plummer: Is he bringing a check?
Mayor Carollo: I hope so.
Commissioner Plummer: Excuse me, Mr. Mayor, I am lost. For what reason would he be giving
any discussion in reference to item 27.
Mayor Carollo: Commissioner, I received a request from Mayor Penelas this morning that he
would like to address the Commission also, on 27?
Commissioner Plummer: Huh, I can understand 28.
Mayor Carollo: They would like to have an opportunity to see if they could have discussions
with the Commission on this property. And, I think it behooves us that we give that opportunity.
Commissioner Plummer: I think that's an excellent idea, because Mr. Manager, how much does
Dade County owe us for back rent that they haven't paid us, for the use of the jail?
Ms. Dena Bianchino (Asst. Dir./Asset Mgmt.): Actually, Commissioner, they have paid in
advance.
Commissioner Plummer: They paid in full? Have they moved out?
Ms. Bianchino: No, sir.
Commissioner Plummer: When are they going to move out? Did we not put them on notice?
Ms. Bianchino: We gave them notice and...
Commissioner Plummer: And, didn't we not give them a deadline?
Ms. Bianchino: Yes, sir.
Commissioner Plummer: What was the deadline?
Mr. Edward Marquez (City Manager): Sixty days from now.
Ms. Bianchino: We...
84 October 14, 1997
Mr. Marquez: It's approximately 60 days out into the future.
Ms. Bianchino: No, we didn't...
Commissioner Plummer: No, no, no. Not the letter I saw.
Ms. Bianchino: No, they were given until September 30th. We have been in discussions with
them regarding the extension of the lease.
Commissioner Plummer: Who gave you the right? Don't take this personal. Who gave you
the right to extend what this Commission approved or didn't approve? I don't understand staff...
Mayor Carollo: Noone has extended anything, Commissioner.
Commissioner Plummer: Well, they are still there.
Mayor Carollo: Well, that is correct. They are still there and this is being brought up today so
we can discuss it.
Commissioner Plummer: But, Mr. Mayor, you know, usually when you ask for an extension,
you do that prior to the deadline. Now...
Mayor Carollo: Commissioner, they have admitted in their correspondence to me that they have
made a mistake. And, what they are asking is that we will give them an opportunity in sitting
down with them and discussing this. I think that is the appropriate way of handling something
like this between two governmental entities that need and must cooperate with each other. It is
not going to hinder anything on our part to sell this property.
Commissioner Plummer: Mr. Mayo, I have no problem of talking. But, let me tell you
something. As, you said a minute ago, four of you were not here. I was here when this matter
came before us before, when people were ready to tar and feather this City Commissioner for
continuing to allow a municipal type of operation, i.e., a jail in that facility, Spring Garden came
out in droves and stopped the sale of that property. So, you know, I think once in a while we
have to remember history. Again, Mr. Mayor, I have no problem in talking to another
government. First, and foremost, but I think we have all got to remember where they are coming
from. That's the same government, you know, that wants to take advantage of us every time
they have the opportunity. I am upset that an extension has been given without Commission
approval.
Ms. Bianchino: No, no. Commissioner, they requested a 60-day extension. It has not been
granted to them.
Commissioner Plummer: Well, that's beside the point. Forget about it being granted. The idea
is, that it was over on September the 30th, and they are still there. So...
Commissioner Gort: J.L.
Commissioner Plummer: ... that shows you how much they respect the City.
Mayor Carollo: The bottom line, Commissioner is...
Commissioner Plummer: I am glad to talk.
Mayor Carollo: ... there are some things that need to be cleared out in a civilized manner. There
are some things that they have brought up from their Law Department, pertaining to the title on
85 October 14, 1997
the property, that I think we need to clear up. At the same time, I think it will be the Manager
who can explain it best, what some of their options are. And, Mr. Manager, Dena, or Jack...
Commissioner Plummer: Mr. Mayor, I will wait until 3:30.
Mayor Carollo: Well...
Commissioner Plummer: If you want, if that's what you want to do.
Mayor Carollo: Well, if you would like to bring up the ... Commissioner, some of the points that
we might be facing.
Ms. Bianchino: OK.
Mayor Carollo: This is why we need to sit down with them and try to work this out in a way
that...
Commissioner Plummer: Are you talking about 28? Because ,I have got a long...
Mayor Carollo: I am talking 27.
Mr. Marquez: Mr. Mayor.
Commissioner Plummer: OK. Because, I have got a long list on 28.
Mr. Marquez: Mr. Mayor, on item 27, there is a little bit of confusion on this. First of all, the
County has been on a month -to -month lease for quite some time. What we were trying to do is
coordinate and exit, a time line, at the last possible moment, to grant the County the ability to
move out logically. And, that time line and that discussion as to when they were going to get out
was hinged upon when we were going to actually transfer this parcel of property pursuant to a
sale. Now, the County has expressed, like the Mayor has expressed same, through a letter that
they have, they want to talk to us about the property. Now, the letter, from what I understand
has... talks in terms of community need, their needs to ...
Commissioner Plummer: OK, I don't need to go into that now. We will do that later. I would
ask, from any of my colleagues, did you get a copy of that letter? I didn't get a copy of that
letter. And, yet the item is before us.
Mayor Carollo: Well, Commissioner, I just got it today. You will get a copy of the letter. In
fact, you will get it personally because Mayor Penelas will come here this afternoon.
Commissioner Plummer: OK.
Mayor Carollo: Anything else that you would like in this point in time?
Commissioner Plummer: I want to go back one other thing. I thought sometime ago, this City
Commission had a ruling which we imposed that said that if we sold or delegated property to
another governmental agency, that they would be responsible for paying the ad valorem taxes as
if it were sold to the private sector. Now, someone, somewhere along the line, said to me, that
wasn't the case. I distinctly remember that that was before this Commission. It was brought up
about three years ago. Everybody in the world thought that it was an excellent idea. That if we
have got to provide municipal services that they should be paying the equivalent of ad valorem
taxes. I would ask before 3:30 this afternoon, that someone do the research on that, because,
maybe I am wrong. It wasn't officially passed, but it was discussed very, very, much.
86 October 14, 1997
Mayor Carollo: Mr. City Clerk, can you research that and have it back to us by this afternoon.
At the same time, that cannot possibly apply when you have State laws that are involved such as
the State laws that apply to sports facilities.
Commissioner Plummer: Well, yeah, that's fine to the sports facilities. But, other accessory
uses, not directly related to the sports facility.
Mayor Carollo: And, that is included in item 28, for the other portions that are not directly in
use and what is considered as sports facility, they will pay the equivalent in a fee of what the ad
valorem taxes would be.
Commissioner Plummer: Mr. Mayor, I am not speaking to 28. I am speaking to 27.
Mayor Carollo: Well, and 27 will be something, Commissioner, that is going to be open to the
discussion with the County.
Commissioner Plummer: No problem. But, Mr. Mayor...
Mayor Carollo: And, if this is what you would like to instruct staff to...
Commissioner Plummer: I would like to go back...
Mayor Carollo: ... discuss with them, we could do that and staff can discuss it with the County.
All that I have said on 27 is, that there is a request that we sit down with them to discuss this.
That we give them another opportunity to discuss it with us. And, that is the way that
government should work with a neighboring government. In order for this City, Commissioner,
to move forward into the next century and to become everything that we want it to become, we
must, we must, it's not a matter that if we want you or not. We must cooperate and work closely
with Dade County government in the State of Florida. There is no ifs, buts or hows. We... and
they must work with us. And, this is what I am proposing here. That if we have a request from a
Mayor of our neighboring government, Dade County government, that he is asking us to just
give him an opportunity to sit down and discuss this item, he is admitting that they made a
mistake, that they should have bid on this. That we give them the opportunity.
Commissioner Plummer: Absolutely, Mr. Mayor. The only thing that I would like to make sure,
and I think this Commission should seriously consider, predicated on our financial problems,
that 31 percent of our accessible tax base is tax exempt. That, that which was proposed by this
Commission, whether ratified or not, should be ratified. That when we do delegate a piece of
property, that we are going to continue to have to maintain municipal services. That in fact, this
City should be entitled to an annual contribution equivalent to that of ad valorem taxes.
Because, if not, we continue to see tax exempt property, more and more every day which creates
more of a problem every day in the revenue sources of this City. So, I would hope, Mr. Mayor,
that regardless of what we do on this particular item, that we do in fact pursue that which was
before us, presently about a annual contribution for the providing of municipal services.
Mayor Carollo: All right, that's fine. This item will be taken up again at 3:15.
Commissioner Plummer: That's fine, sir.
Mayor Carollo: We only got a few more minutes. I assure you, you will have plenty of
opportunity to discuss it.
END OF DISCUSSION -- NO ACTION TAKEN
87 October 14, 1997
11
•
------------------------------------------------ ---------------------------------------------------------------
32. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH ALL
AMERICAN FOOTBALL LEAGUE -- FOR USE OF ORANGE BOWL AS
HOME FIELD.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I move item 29.
Mayor Carollo: I would like to bring up an item, Commissioners, just before we break.
Commissioner Plummer: Sure.
Mayor Carollo: It will be the last item that we have. This will be item 34-A.
Commissioner Plummer: Hold on.
Mayor Carollo: We have people that are from out of town on this item and... Thirty-four A, has
to do with bringing professional football back to the Orange Bowl again. The All American
Football League is presenting to this Commission a contract to play professional football in the
Orange Bowl again. A contract that is going to leave the City of Miami a substantial amount of
dollars and is going to put us in a situation where we could ask for even more in naming rights
for the Orange Bowl, of keeping the Orange Bowl name with an additional name of whomever
might be successful in bidding for naming rights at the Orange Bowl. The amount that we will
be making approximately, in the eight games is seven hundred...
Ms. Christina Abrams (Director): Seven hundred and sixty thousand a year.
Mayor Carollo: Seven hundred and sixty thousand dollars ($760,000) a year. Naming rights we
expect to get at a very minimum three hundred and fifty to four hundred thousand a year for
naming rights.
Commissioner Plummer: The City gets that?
Ms. Abrams: Yes.
Mayor Carollo: We... The naming rights will be bided out. By having the All American
Football League playing there, it will enhance our naming right dollars that we will be getting
for the Orange Bowl even more. So, the amount of dollars that we will be bringing to the City of
Miami coffers with the All American League in essence, will be more than anything that we
would have received from the soccer franchise that supposedly wanted to play at the Orange
Bowl for a short period of time. Because, in the other offer that they had given us, it included
naming rights for the ten year period, originally. Christina, would you like to give a presentation
to the Commission on the contract, what has been discussed? And, if you could then introduce
the representatives that are here from All American Football League.
Ms. Abrams: Sure. This is a five year use agreement with two options to extend for two more
five year periods. They will play in the Orange Bowl beginning in March of 1999. We expect
them to play a minimum of eight games per season. And, the season will end in August. The
City will retain all revenues from parking, food and beverage and the ticket surcharge which is
allocated to the improvements to the stadium. We think this is a great addition to the Orange
Bowl City and we are very happy that we have that we have entered into this agreement. I
88 October 14, 1997
0
would like to introduce the representative from All American Football League. His name is
Lonie Glieberman.
Commissioner Gort: Excuse me. The season again was from?
Ms. Abrams: From March to August.
Mr. Lonie Glieberman: Thank you, Christina. And, first I would like to thank the Mayor and
the fellow Commissioners, Christina Abrams, Terry Buice, Ileana Gomez and Olga Ramirez for
all their help and enthusiasm that helped getting this deal to completion. All American Football
League, as you heard, is a professional spring football league set to kick-off in the spring of
1999. The season will be from March to July with playoff occurring in August, and we look
forward to Miami being one of the key markets. The Orange Bowl is a phenomenal facility.
The renovations have gone extremely well, in our opinion. And, it looks like a tremendous first
class facility. We look forward to bringing family, affordable, professional football, not only
back to Miami but also back to America. As you know, many fans who made the NFL (National
Football League) and the American Football League what they are today, they can no longer
afford those games. All American Football League is looking forward to being the Southwest
Airlines of professional sports. Being family affordable. Looking to the families and we look
forward to being part of Miami. And, once again, thank you for this opportunity. And, we have
some T-shirts, first edition. So, you all save these because they will be a collector's item.
Mayor Carollo: Thank you, very much. And, if we missed anybody, please let us know and we
will take care of that later on. Once again, thank you, very much.
Mayor Carollo: Thank you, very much. There is a motion by Commissioner Gibson to approve
34-A.
Vice Mayor Regalado: Second.
Mayor Carollo: Second by Vice Mayor Regalado. Is there any further discussion? Hearing
none, all in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It's approved unanimously. Congratulations and welcome to Miami and the
Orange Bowl, All American Football League.
[APPLAUSE]
89 October 14, 1997
The following resolution was introduced by Commissioner Gibson, who moved its adoption:
RESOLUTION NO. 97-713
A RESOLUTION WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER
TO EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH THE ALL AMERICAN FOOTBALL LEAGUE, A DELAWARE
CORPORATION, FOR THE USE OF THE ORANGE BOWL STADIUM AND
FACILITIES AS THE HOME FIELD FOR PURPOSES OF PLAYING ALL
AMERICAN LEAGUE FOOTBALL GAMES, FOR A PERIOD OF FIVE YEARS
WITH TWO (2) OPTIONS TO RENEW FOR ADDITIONAL TERMS OF FIVE (5)
YEARS EACH.
(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.
---------- -----------------------------------------------------------------------------------------------------
33. RATIFY / APPROVE / CONFIRM EMERGENCY FINDING -- WAIVE
SEALED BIDS -- APPROVE EMERGENCY PURCHASE OF E911
MAINTENANCE FOR POLICE FROM LUCENT TECHNOLOGIES --
ALLOCATE $50,000 FROM ACCT. 196002.290461.6.670.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: What time are we coming back?
Commissioner Gort: Let's get 29.
Mayor Carollo: We will be coming back... Would 2:30 be sufficient?
Commissioner Plummer: Fine with me. I...
Commissioner Gort: I would like to move 29 as the last item.
Commissioner Plummer: What?
Commissioner Gort: It's the 911 emergency.
Vice Mayor Regalado: Can we do it at three, Mr. Mayor?
90 October 14, 1997
•
Commissioner Plummer: Three o'clock? Fine.
Vice Mayor Regalado: Fine.
Mayor Carollo: I have no problems.
Commissioner Gort: Move 29.
Mayor Carollo: There is motion by Commissioner Gort.
Commissioner Plummer: Second, 29.
Mayor Carollo: Second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-714
A RESOLUTION BY A FOUR -FIFTHS AFFIRMATIVE VOTE OF THE MEMBERS
OF THE CITY COMMISSION, RATIFYING, APPROVING, AND CONFIRMING
THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING THE
REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND APPROVING THE
EMERGENCY PURCHASE OF E911 MAINTENANCE FROM LUCENT
TECHNOLOGIES, IN AN AMOUNT NOT TO EXCEED $50,000.00, FOR THE
DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM THE E911
OPERATING BUDGET, ACCOUNT CODE NO. 196002.290461.6.670; FURTHER,
RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S
ISSUANCE OF AN EMERGENCY PURCHASE ORDER FOR THIS
MAINTENANCE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mayor Carollo: We will return, would you like it 2:30 or 2:45, Commissioners?
Commissioner Plummer: He said, three.
Vice Mayor Regalado: Three, three.
91 October 14, 1997
Commissioner Plummer: I don't care.
Vice Mayor Regalado: Three o'clock.
Mayor Carollo: OK, we will come back at 3:00 p.m., then. 3:00 p.m. sharp.
Commissioner Plummer: Yeah, right. Don't hold your breath.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 11:59 A.M., AND RECONVENED AT 3:06 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT.
Commissioner Plummer: Mr. Manager, I'm giving you a copy of this, seeing as how you've got
a problem with this. I think you better read it. It's not directly your fault. In the...
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: No, not a loan. They have a... homeless money, eighty thousand
dollars ($80,000), as one of the vendors. And just so you know, we are terminating them as of
this morning.
Commissioner Gort: Why such a difference?
Unidentified Speaker: I don't know.
Commissioner Gort: Because they're going to do the same job. All of them expressed the
same...
Commissioner Plummer: What?
Unidentified Speaker: Everybody had a copy of this.
Commissioner Plummer: Yes. Well, I made copies for all of you.
Commissioner Gort: Yeah, I understand.
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: Huh? You could give it to the Commissioners, but they're not going
to understand what it really boils down to. Just for your information, Joe, this is one of the
service providers through the consortium. Two hundred and fifty thousand alone they owe IRS
(Internal Revenue Service). We have an eighty thousand dollar ($80,000) project with them that
we could be liable for. That's why I'm... following through and...
92 October 14, 1997
•
---------------- -----------------------------------------------------------------------------------------------
34. UNION PRESIDENTS RECOGNIZE CITY COMMISSION'S LEADERSHIP
ROLE IN SAVE MIAMI CAMPAIGN.
Mayor Carollo: Before we begin the afternoon session, there is one presentation that the City
employees would like to make.
Mr. Tony Rodriguez (President, Fraternal Order of Police): Right up here?
Mayor Carollo: Right up here is tine.
Mr. Rodriguez: Very briefly. Good afternoon. As we all know, on Tuesday, September 4,
1997, the citizens and the voters of Miami resoundly defeated the referendum that would do
away with our wonderful City, sending a clear message that our City was here to stay. And...
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Rodriguez: No, not yet. I'm working on it. And we believe, certainly, that in part, or in a
large part, the reason why they did that was because of the outstanding leadership that this
Mayor and this Commission showed, to bring our City out of one of the worst crises it had ever
faced. Also, we believe that it's a clear, and just yet another shining example of what can be
accomplished when management and labor work together with one common goal. And I would
certainly hope that that continues in the future. Having said that, it is with great pleasure that, on
behalf of the Fraternal Order of Police, the IAFF (International Association of Firefighters), and
the AFSCME (American Federation of State, County and Municipal Employees) Organization
that we'd like to make a presentation to each Commission. And what we did is we had one of
the campaign signs framed and inscribed, to read as follows:
"Presented to one of Miami's saviors by the Save Miami Campaign, September 4,
1997."
It will probably be a collector's item in the future, so.
Commissioner Plummer: I have one question. How come the one I saw out on the telephone
poles had this word here... what's his name? Carollo?
Mr. Rodriguez: I take the Fifth on that one.
Commissioner Plummer: Don't look in the back.
Mayor Carollo: We proudly accept this on behalf of the voters of Miami. They, along with the
City employees of the City of Miami, were really the heroes in this. I don't know of a single
election ever in the City's history that has been won by over 85 percent of the vote. And to the
residents of Miami and the employees of the City of Miami that have sacrificed so much so that
this City can have a sound financial foundation again, our hearts go out to you, and our gratitude
goes out to you. Thank you very much. Thank you, Tony.
Commissioner Plummer: So be it. Now, to those 15 percent that didn't vote right, blah.
93 October 14, 1997
----------------------------------- --------------------- 7-------------------------------------------------------
35. DIRECT CITY MANAGER TO NEGOTIATE WITH BLACK DOOR DANCE
ENSEMBLE, INC. USE OF CITY BUILDING AT 422 N.W. 40 STREET (NEW
BETHLEHEM BAPTIST CHURCH).
Mayor Carollo: Now, we're briefly going to go to item 13-A that we held for the afternoon
session this morning.
Commissioner Gort: Mr. Mayor?
Commissioner Gibson: This is the data that I asked you to... on Karen Stewart? Oh. Thanks.
Ms. Stewart is here now, and I want her to come up and make her presentation about the Black
Door Dance Ensemble, which she started. And Ms. Stewart is an instructor at Miami -Dade
Community College North Campus, and she's been working with these young people for a
number of years. And she needs space to continue, because the junior college is doing
something with their auditorium at this time. So she went out and found a piece of property, the
New Bethlehem Baptist Church at 422 Northwest 40th Street that's been abandoned and is
owned by the City. I seem to get more of these than anybody else, I guess.
Commissioner Plummer: Which item?
Commissioner Gibson: But Ms. Stewart, if you want to make your presentation.
Ms. Karen Stewart: Yes. This is the seventh year of the company being in existence. We are
working out of the north campus of Miami -Dade Community College, where I am a professor of
dance. I've been there for 20 years; six years at the University of Miami as an adjunct professor,
running their dance program. And this company, Black Door Dance, we are trying to find a
space so that the dancers can now have full-time employment as teachers, instructors to children,
as well as a performing space. And we saw the church on 40th Street, and it is a really ideal
location, and we're here to see about that building, about that space.
Commissioner Plummer: Has the Administration looked into this?
Bob Nachlinger (Assistant City Manager): Yes, sir, we have. And the property... the former
Baptist church, I believe it is, is available. It's on the City's list of properties. We would be
happy to enter into discussions with the group to lease them the property or sell them the
property, but as per the Charter, there has to be either a fair market value sale or lease. And we
would love to sit down and discuss it with them.
Commissioner Plummer: So be it.
Mayor Carollo: Well, can the Administration be instructed to sit down with them, to try to come
up with something that's reasonable?
Mr. Nachlinger: Yes, sir. We'd be happy to do that.
Vice Mayor Regalado: What would you consider reasonable?
Commissioner Plummer: Something under a million dollars ($1,000,000), could be way under.
94 October 14, 1997
•
Vice Mayor Regalado: What would you consider reasonable?
Ms. Barbara Howard: "Gratis."
Commissioner Plummer: Barbara, don't kid yourself.
Ms. Howard: Barbara Howard, an...
Commissioner Plummer: And all kidding aside...
Ms. Howard: Yeah. No, we understand you can't do that.
Commissioner Plummer: Whatever we do here, remember, the Oversight Board is going to say
the final yes or no.
Ms. Howard: We understand. We understand, Commissioner.
Commissioner Plummer: So, if something comes in that is not reasonable, we might say yes.
And they've already, in a couple instances where we said yes, they said no. So, you know, you
might want to deal with us directly, but remembering there is now also another higher authority.
Ms. Howard: Yeah. We understand that and we would...
Commissioner Plummer: So I think you need to sit down and negotiate.
Ms. Howard: Yeah.
Commissioner Plummer: And hopefully, come up with a negotiation that's fair and equitable to
you, as well as to us. And then we can bring it back here and we can deal with it accordingly.
Ms. Howard: All right. We're prepared to do that.
Commissioner Plummer: Thelma, you want to make the motion to send it to the Manager? I'll
second it for further discussions, and hopefully, a resolve.
Commissioner Gibson: I'll do that, but I want to add a caveat that perhaps, they could lease it
for a dollar ($1) a year. I know you have to have an irrevocable lease. I was told that by staff
already, and that at any time, they could decide to revoke the lease. But for the period of time
that we don't have to, is it possible that we could do the dollar ($1) a year lease?
Mr. Edward Marquez (City Manager): Commissioner, we're under pressure as it is right now,
with our existing dollar ($1) a year leases for renegotiating those by the Oversight Board.
Commissioner Plummer: They're going to turn it down.
Mr. Marquez: Because they view our properties as resources to the City to obtain the best
possible return as we can. Now, one of their suggestions is that we go ahead and assist
community -based organizations to get grant dollars, either by the... from the City or from the
County, so that through the grant program, they can pay us a fair market lease into the City's
general fund.
A. Quinn Jones, III, Esq. (City Attorney): Well, let's look at it, because, again, you can't... You
can't do an outright lease. The Charter prohibits that. OK? The Charter is very clear on how
City property is supposed to be disposed of. So we'll gladly work with the Administration and
95 October 14, 1997
•
0
see how we can best do it. But, you know, please, let's not refer to giving them an outright
lease, because you can't do it that way.
Commissioner Plummer: Is this...
Commissioner Gibson: OK. I move that it be sent to Management, please.
Commissioner Plummer: Second. Is this a profit -making corporation?
Commissioner Gibson: No.
Ms. Stewart: This is not for profit, 501-C-3. We have been incorporated since 1991.
Commissioner Plummer: OK. Next item.
Ms. Howard: Thank you.
Commissioner Plummer: Mr. Mayor, I'd like to go back to the morning agenda, if I may.
Vice Mayor Regalado: We need to vote.
Commissioner Gibson: We've got to finish the vote.
Commissioner Plummer: Oh. I'm sorry. It's a resolution.
Mayor Carollo: The motion is to send it to the Administration, correct?
Commissioner Gibson: Yes.
Mayor Carollo: OK.
Commissioner Plummer: Yeah, for... hopefully, to get a resolve.
Mayor Carollo: Yeah. There's a motion and there's a second. All in favor, signify by saying
"aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
The following motion was introduced by Commissioner Gibson, who moved its adoption:
MOTION NO. 97-715
A MOTION REFERRING AGENDA ITEM 13-A TO THE CITY MANAGER;
FURTHER DIRECTING THE CITY MANAGER TO NEGOTIATE WITH BLACK
DOOR DANCE ENSEMBLE, INC. FOR SAID GROUP'S USE OF CITY BUILDING
(FORMER NEW BETHLEHEM BAPTIST CHURCH, 422 N.W. 40 STREET) AT A
REASONABLE COST.
96 October 14, 1997
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
36. RECONSIDER DEFERRAL OF CA16 -- APPROVE EXECUTION OF LEASE
AGREEMENT WITH MARUIZ HOTEL CORPORATION, INC -- FOR LEASE
OF BUILDING AT 800 N.E. 1 AVENUE FOR HOMELESS PROGRAM -- SEE
LABEL 2.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: OK. What item do you need to go back to, Commissioner?
Commissioner Plummer: Which is the one on the homeless? Where is Lydia?
Commissioner Gibson: Sixteen.
Commissioner Plummer: Fifteen?
Commissioner Gibson: Sixteen.
Commissioner Plummer: Fifteen?
Commissioner Gibson: Sixteen, I believe.
Commissioner Plummer: It's a consent decree. No, that's not it. Was it 5-A?
Commissioner Gort: It could be 13-A? No.
Commissioner Plummer: Does... Which one is the homeless?
Mayor Carollo: I don't remember.
Bob Nachlinger (Assistant City Manager): CA-16.
Commissioner Plummer: CA-16? Mr. Mayor, I found out... What I didn't know is, is that the
monies that are being paid in rent, which I really hate to see go into rent, but it is from the grant,
itself. It is not City funds that are laying out the money. You know, my concern happened to be
because we said to others, go out and find space, we're not going to, for example, in the WAGES
(Work and Gain Economic Self -Sufficiency) Program, we're not going to allow you to stay in
the Dupont Plaza, go find something for nothing. I thought it was only... we were going to do
that across the board. Since this money is coming from the homeless grant, it is for one year, it
97 October 14, 1997
would have to come back before this Commission if it were to be extended, I will move, Mr.
Mayor, that CA-16 be approved...
Commissioner Gort: Second.
Commissioner Plummer: ... for the one year period.
Mayor Carollo: There's a motion and there's a second. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
The following motion and resolution were introduced by Commissioner Plummer, who moved
their adoption:
MOTION NO. 97-716
A MOTION TO RECONSIDER PRIOR DEFERRAL OF AGENDA ITEM CA-16
(PROPOSED EXECUTION OF A LEASE AGREEMENT WITH MARUIZ HOTEL
CORPORATION, INC., FOR LEASE OF BUILDING LOCATED AT 800 N.E. 1
AVENUE FOR USE BY OFFICE OF HOMELESS PROGRAMS).
RESOLUTION NO. 97-716.1
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
MARUIZ HOTEL CORPORATION, INC., FOR LEASE OF A BUILDING LOCATED
AT 800 NORTHEAST 1ST AVENUE, MIAMI, FLORIDA, FOR USE BY THE
OFFICE OF HOMELESS PROGRAMS, FOR A PERIOD OF ONE (1) YEAR WITH
THE PROVISION TO EXTEND SAID LEASE FOR FOUR (4) ADDITIONAL ONE
(1) YEAR PERIODS, AT'A MONTHLY RENTAL OF $1,780.00; ALLOCATING
FUNDS THEREFOR FROM GRANTS FROM THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, ACCOUNT CODE
NOS. 183011.45392.6.620 AND 147010.450393.6.620.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
98 October 14, 1997
Upon being seconded by Commissioner Gort, the resolution and motion were passed and
adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
37. RECONSIDER DEFERRAL OF CA-18 -- ACCEPT BID: MEF
CONSTRUCTION, INC -- FOR SAFETY INFRASTRUCTURE REPAIR
PROJECT B-4599 -- SEE LABEL 2.
Commissioner Gort: Mr. Mayor, on item 18, I got the information. My understanding is we had
bids all the way from two forty-six, which was the lowest to five forty-five. And I just wanted to
make sure when we sign the contract that we get a bond guarantee, a performance bond, and all
the specifications of the work to be done.
Mr. Jim Kay (Interim Director, Public Works): Yes, sir, we did. CA-18.
Mayor Carollo: What item is that?
Commissioner Gort: That was 18, CA-18.
Mr. Kay: CA-18.
Mayor Carollo: OK, CA-18, OK.
Commissioner Plummer: Second the motion.
Mayor Carollo: There's a motion and there's a second. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
99 October 14, 1997
The following motion and resolution were introduced by Commissioner Plummer, who moved
their adoption:
MOTION NO. 97-717
A MOTION TO RECONSIDER PRIOR DEFERRAL OF AGENDA ITEM CA-18
(PROPOSED ACCEPTANCE OF BID FROM MEF CONSTRUCTION, INC. FOR
"SAFETY INFRASTRUCTURE REPAIR PROJECT (SIDEWALK), B-4599").
RESOLUTION NO. 97-717.1
A RESOLUTION ACCEPTING THE BID OF MEF CONSTRUCTION, INC.
(BIDDER), IN THE AMOUNT OF $246,425.00 TOTAL BID, FOR THE PROJECT
ENTITLED: "SAFETY INFRASTRUCTURE REPAIR PROJECT (SIDEWALK), 13-
4599"; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 311927, AS
APPROPRIATED BY THE FISCAL YEAR 1995-96 CAPITAL IMPROVEMENT
ORDINANCE NO. 11337, AS AMENDED, IN THE AMOUNT OF $246,425.00 TO
COVER THE CONTRACT COST AND $36,440.00 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL COST OF $282,865.00; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE
SUCCESSFUL BIDDER, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution and motion were passed and
adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------
38. INSTRUCT MANAGER TO REQUEST PROPOSALS FROM CONSULTANTS
TO STUDY TRAFFIC AND ILLEGAL DUMPING PROBLEMS AT
PRODUCE MARKET IN ALLAPATAH -- ALLOCATE $15,000 -- FURTHER
INSTRUCTING MANAGER TO RETURN TO CITY COMMISSION FOR
CONTRACT AWARD.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I move item 30.
Mayor Carollo: OK. We're back now...
Commissioner Gort: Regular agenda.
100 October 14, 1997
Mayor Carollo: ... to 30. Thirty has been moved
Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gort. This is 30.
Vice Mayor Regalado: Mr. Mayor, I have not been briefed by the Administration on this matter.
I asked on the other meeting that we had that somebody would explain to me this, because I
didn't understand this about a study and implementing, at the same time, and I am now told that
we will receive some kind of information. I still don't know who is going to do this, frankly.
Are you going to do it?
Commissioner Gort: No.
Mr. Elbert Waters (Director, Community Development): No, sir. Mr. Vice Mayor, the
agreement will be with the Allapattah Business Association. That group, in turn, will be
contracting the conduct of the study out to a private planning concern that will actually do the
study that would address traffic and other impacts associated around that project. That study is
estimated to cost approximately fourteen thousand dollars ($14,000). That group, in turn, will
make its recommendation. The Administration will have an opportunity to review that
recommendation and bring it back before this Commission for further consideration and possible
implementation.
Vice Mayor Regalado: Well, then I move only to pay the study itself, fourteen thousand dollars
($14,000), and then when you come back, we'll decide. But you know, how can we approve this
without knowing what is going to happen, who is going to do it?
Mayor Carollo: I had asked at the last meeting that this was discussed that I wanted to meet with
the Administration and get information on this. I never got that. No one ever sat down with me.
No one ever gave me any information on this. And I'm telling you now, publicly, I have some
real concerns with the way that this is being done. It's not in the norm, the way that it's being
done, from what I've seen done in the past. I have a lot of questions, and questions, frankly, that
I don't think it's going to be fair to people that are waiting here, to my colleagues, to get into it
here, nor for the individuals involved. It's the kind of thing that should be done with the
Administration, like I had asked at the last meeting.
Mr. Edward Marquez (City Manager): OK. Mr. Mayor, we'll pull the item.
Commissioner Plummer: Well, excuse me. Don't pull the item. I mean, even the one who
wants more information is willing to approve the amount of money for the study. Am I correct?
The fourteen thousand.
Mayor Carollo: But who is... I don't even know who's doing the study, Commissioner, how it's
being done.
Vice Mayor Regalado: Well, I don't understand. If...
Commissioner Gort: My understanding...
Vice Mayor Regalado: I don't understand... What I don't understand is if we have the process,
and if we hire every day dozens of companies to do reports, why should we give this money to
this organization for them, in turn, to hire who they think they want to hire? I just don't
understand that process. Can you explain it to me?
101 October 14, 1997
Mr. Marquez: Mr. Vice Mayor, we are going to ask that this resolution be amended to reflect
that the agreement between the City and the Allapattah Business Development Authority... that
the resolution be... that the agreement reflect that the recommendations from the produce market
study be submitted to the City Manager prior to implementation, and that the City Man...
Vice Mayor Regalado: No, no, no. That's not... that's not it. That's not it. It's the same.
Why...
Mayor Carollo: Mr. Manager...
Vice Mayor Regalado: Why we just don't approve it now, and give the money right away?
Mr. Marquez: OK.
Mayor Carollo: Well, what I would like to do is to have this item pulled until we can get some
real information on it.
Mr. Marquez: OK.
Mayor Carollo: And this is seventy-five thousand dollars ($75,000). We're talking about
different parts now where... I haven't seen us do anything Iike this, at least since I've been here.
Maybe in the old days, this is the way things were done, but I haven't seen us do anything even
remotely close to this since I've been here.
Commissioner Plummer: All right. So we're deferring?
Mayor Carollo: And I'd really like to get with the City Administration and get down to it.
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Yes, Commissioner.
Commissioner Gort: Let me give you a suggestion. If you guys are having a problem with the
person conducting the study, my understanding is we have had several meetings within the
Allapattah area. My understanding is the staff has been working with them. I don't mind if
somebody else does it. We need to do that in Allapattah because we have a lot of problems with
the produce department. I'd like for you guys to sit down with staff and select whoever you
want, but let's get this study done, because we need to get it done, and we need to get it done
soon.
Vice Mayor Regalado: Oh, absolutely. But why don't we do it? Why don't we hire a
consultant?
Commissioner Gort: Fine. Why don't you make the motion to have staff do it, and let's do it.
But let's get it done.
Vice Mayor Regalado: OK. I will make a motion to have the Administration hire a consultant,
and... through the process of bidding, and do the study, and bring the recommendations to the
City Commission.
Mayor Carollo: Up to a maximum of what for the study? Was it fifteen thousand, fourteen
thousand?
102 October 14, 1997
Commissioner Gort: Fourteen.
Vice Mayor Regalado: Fifteen thousand.
Mayor Carollo: Fourteen?
Mr. Jack Luft (Director, Planning & Development): Fifteen thousand.
Mayor Carollo: OK, fifteen thousand, up to that much, and follow the process we have to. OK.
Mr. Marquez: OK.
Mr. Luft: I'm assuming the Commission would like the final judgment on who the consultant is.
We're not going to hire...
Mayor Carollo: Well, by Charter...
Vice Mayor Regalado: Absolutely.
Mayor Carollo: By Charter, we would need that.
Mr. Luft: Yes.
Commissioner Gort: Right.
Mayor Carollo: OK. There's a motion...
Commissioner Gort: Second.
Mayor Carollo: ... and a second. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No "nays."
The following motion was introduced by Vice Mayor Regalado, who moved its adoption:
MOTION NO. 97-718
A MOTION INSTRUCTING THE CITY MANAGER TO REQUEST PROPOSALS
FROM CONSULTANTS TO INITIATE A PRODUCE MARKET STUDY, IN
CONNECTION WITH THE ALLAPATTAH NEIGHBORHOOD AT A COST NOT
TO EXCEED $15,000; AND FURTHER INSTRUCTING THE MANAGER TO
BRING BACK SAME FOR COMMISSION CONSIDERATION THE PROPOSED
AWARD OF SAID CONTRACT.
103 October 14, 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.
----------------------------------------------------------------------------------------------------------------
39. (A)APPROVE $500,000 LOAN OF COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS -- FOR DOWNTOWN MIAMI COMMUNITY
DEVELOPMENT COALITION'S WEST BRICKELL APARTMENTS
PROJECT.
(B)APPROVE / REAFFIRM CITY COMMISSION POLICY THAT
PREVENTS LOAN RECIPIENTS FROM USING PLEDGED
COLLATERAL FOR FURTHER FINANCIAL TRANSACTIONS
WITHOUT COMMISSION APPROVAL.
---------- -----------------------------------------------------------------------------------------------------
Commissioner Plummer: I move 32.
Mayor Carollo: Thirty-two?
Commissioner Plummer: Yes.
Mayor Carollo: It's been moved.
Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gort. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: There are no "nays."
104 October 14, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-719
A RESOLUTION (Pending the Law Department.)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Commissioner Plummer: Move thirty-three.
Mr. Manuel Gonzalez-Goenaga: Wait, I...
Commissioner Plummer: I am sorry.
Mr. Gonzalez-Goenaga: May I address the Commission on...?
Commissioner Plummer: Sure.
Mr. Gonzalez-Goenaga: Well, I am without papers in my presence. I am using my memory,
that some people say is an elephant memory. We... During Odio's time, this company and this
joint venture was given a lot that... I think that it was purchased from United Way. And then,
now they are asking for... I know that the building has been built. They are asking for a five
hundred thousand dollars ($500,000) loan. Yet, I wonder, what position are we, the City of
Miami, because I remember, vividly remember when the interim financial deal was closed with
the First Union. I would like to know the position, if it is first mortgage, if it is second mortgage,
and besides, the reasons I presume that they were given to... for additional five hundred thousand
dollars ($500,000) is cost overruns. But cost overruns done by who? I understand that the
developer, and the subcontractor, and the construction companies is an affiliate of the developer.
I might be wrong. I am speaking from memory of three years ago. Can anybody enlighten me?
105 October 14, 1997
Mr. Elbert Waters (Interim Director/Community Development): Mr. Mayor and members of the
Commission, in reference to the gentleman's question, assuming that the Commission approves
this item, currently there is a first mortgage on the West Brickell Apartment. It's by City
National Bank. That first mortgage is approximately one point seven million dollars ($1.7
million). There is a co -second with the City of Miami and the State of Florida, with the State of
Florida being four eighty-nine nine thirty-nine, and the City of Miami being approximately six
hundred and eighty-eight thousand. Those two totals are approximately one point five million
dollars ($1.5 million). If the Commission approves this item, we will be in third position with
approximately five hundred thousand dollars ($500,000) on this item that's before you. The
value of the property is approximately ten point nine million dollars ($10.9 million) at this point.
Commissioner Plummer: Let me ask you a question, because I am not into real estate. Can they
go and get a fourth mortgage, or another loan, using that building for collateral, without our
permission?
Mr. Waters: They could. However, what normally... I mean, what we do is require for any
subordination, the City must approve that subordination for its positions.
Mr. Edward Marquez (City Manager): Let me say that a different way. They can get another
mortgage loan below our lien interest. It would be a fourth position.
Commissioner Plummer: Yeah, but without our position?
Mr. Marquez: Without our position, but it would be junior to our... to their commitment to us.
Commissioner Gort: You can make it a part of the...
Commissioner Plummer: Well, you know, to me, if you want what I call guaranteed collateral in
any... And I am not speaking just to this particular case. It would seem like to me that nobody
should be able to put our collateral in jeopardy by taking now another loan, or another mortgage,
or pledging...
Unidentified Speaker: It's not superior to ours.
Commissioner Plummer: ... something from the building.
Bob Nachlinger (Assistant City Manager): Commissioner, if they did seek another financing, it
would have to be in fourth position, below and junior to our interest. So even if they went into
default on that fourth position, before that could take any...
Commissioner Plummer: Bob, these things get tied up in courts, in foreclosure actions for years.
I am saying to you that I think we should have an absolute policy that no one can do anything
once we have accepted that as collateral, beyond where we are, that we hold the approval, and if
they don't like that, then tell them to go to a bank. And the only reason they are here is, most
likely, because they couldn't get the money from a bank.
Mr. Nachlinger: That's correct.
Commissioner Plummer: So I am saying to you, for one vote on this Commission - all right? -
when we give our loan, and we are third mortgage, second mortgage, whatever it is on any given
project, that as far as I am concerned, you don't do any other financing with that project without
this Commission's approval.
106 October 14, 1997
Mr. Nachlinger: We will implement that as policy on...
Commissioner Plummer: Well, I don't know how the rest feel, but that's how I feel.
Commissioner Gort: Let me ask you a question. Can this, since it is from the City of Miami, be
incorporated into the second mortgage that already exists? That way, we will be in the second,
position rather than the third position.
Mr. Nachlinger: I am not sure that it would make much difference. Our joint second with Dade
County is, you know, one and a half million. There is a million -seven first, the one and a half
million joined second, for three point two million ahead of our five hundred thousand, with
basically an eleven million dollar ($11,000,000) property. There is, you know, there is seven
million dollars ($7,000,000) worth of equity in the property. So...
Commissioner Plummer: Do you remember Bayview Apartments? Mr. Weeks does, because he
lives there. Do you remember all of the other apartments across the street from the arena? Do
you know how much the City lost because of that? Millions. Millions of dollars because of the
fact that the City did not prohibit those institutions from going out and borrowing all kinds of
money without our knowledge, and we sold out, because we couldn't afford to go any further.
We were going to have to come up with four point eight million dollars ($4.8 million) to stop the
foreclosure. And we decided that that would be four point eight million dollars ($4.8 million)
more that we would possibly be throwing away. All I am saying is that when we ask for
collateral, that in no way, shape, or form can that collateral be put into jeopardy in any way,
shape, or form, without this City Commission's approval. I am not saying that it can't be done.
But with this Commission's approval, we go into it with our eyes open. Now, that's one
person's opinion. I don't know how the rest of my colleagues feel. But I am not going to sit
here and let the City be in jeopardy as we have been in the past.
Ms. Adrienne Pardo: Oh, they'll let you finish. If I could just say... For the record, my name is
Adrienne Pardo with law offices at 1221 Brickell Avenue. I am here today on behalf of the
project and the partnership, Downtown -Miami CDC (Community Development Corporation)
and the co -developer, the related group. We have no objection to putting Commissioner's
condition as a condition to this loan on the third mortgage.
Commissioner Plummer: I have already moved it. As... it says an amendment to that...
Commissioner Gort: Will you amend it?
Commissioner Plummer: Yeah. And I would... Mr. Mayor, I would hope that it's not just for
this particular project; that in any projects that we do in the future, that we protect this City to
every "nth" degree by doing such that they cannot get any further financing without City's
approval. I move the issue.
Commissioner Gibson: I second.
Mayor Carollo: There is a motion and there is a second. Mr. Manager.
Mr. Marquez: Mr. Mayor, the requirement that Commissioner Plummer is specifying here is an
easy thing for us to do at the time of requesting such subordinated loan approval. So we... the
Administration has no problem with it whatsoever, going forward.
Commissioner Plummer: Well, go ahead and pass that motion, and then let me pass another
one.
107 October 14, 1997
Mr. Goenaga-Gonzalez: And my second question, sir.
Mayor Carollo: Can we vote upon this, before you ask any more questions, Mr. Goenaga? I
appreciate it. Thank you.
Mr. Goenaga-Gonzalez: Well...
Mayor Carollo: 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. 97-720
A MOTION ESTABLISHING THE POLICY IN CONNECTION WITH ALL LOANS
GRANTED BY THE CITY WHERE COLLATERAL IS PLEDGED, TO NOW
DIRECT THE ADMINISTRATION TO PROTECT SAID COLLATERAL LOANS
FROM JEOPARDY BY PREVENTING RECIPIENTS OF SAID LOANS FROM
USING THE SAME COLLATERAL FOR ANY FUTURE FINANCIAL
TRANSACTION (GRANT, LOAN, ETC.) WITHOUT PRIOR CITY COMMISSION
APPROVAL.
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.
Mayor Carollo: Thank you. Go ahead, sir.
Mr. Gonzalez-Goenaga: The second question was that being the developer the same person as
the subcontractor, through a different affiliate, and there have been cost overruns, I am sure that
they got their administrative expenses, their salaries, and now, we, the citizens or the Federal
Government, who is actually the citizens, we pay. I sincerely hope, and this I have been saying
for years here, whenever you spend one cent, Commissioners, remember, it is not out of your
pocket. It's our money, not your money.
Commissioner Plummer: Which we will get back with five percent interest.
Commissioner Gibson: We pay taxes, too, though.
Commissioner Plummer: Mr. Mayor, I would like to make a motion at this time, establishing the
policy of this Commission that in any future financing, grants or loans, that this City
Commission demands and requires that the... no further financing can be done on that particular
project that is offered as collateral without Commission approval. I so move.
108 October 14, 1997
Mayor Carollo: There is a motion. Is there a second?
Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gort. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-721
A MOTION REAFFIRMING PRIOR MOTION 97-720 BY ESTABLISHING THE
POLICY OF THE CITY COMMISSION THAT ALL FUTURE FINANCING OF
GRANTS OR LOANS ARE TO REQUIRE THAT NO FURTHER FINANCING CAN
BE DONE USING THE SAME COLLATERAL WITHOUT PRIOR CITY
COMMISSION APPROVAL.
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.
----------------------------------------------------------------------------------------------------------------
40. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT TO MODIFY
MIAMI / BAHAMAS GOOMBAY FESTIVAL IN COCONUT GROVE, INC. --
EXTEND MATURITY DATE -- MODIFY REPAYMENT TERMS OF
PRINCIPAL.
Mayor Carollo: We're on item 33 now.
Commissioner Plummer: Thirty-three, I moved it, Mr. Mayor.
Mayor Carollo: OK. Thirty-three has been moved. Second by...?
Commissioner Gibson: Second.
Mayor Carollo: ... Commissioner Gibson. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
109 October 14, 1997
Mayor Carollo: It passes unanimously.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-722
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING - THE CITY
MANAGER TO EXECUTE AN AMENDMENT TO AN EXISTING LOAN
AGREEMENT, DATED JUNE 23, 1995, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH MIAMI/BAHAMAS GOOMBAY FESTIVAL IN COCONUT GROVE,
INC., TO EXTEND THE MATURITY DATE OF SAID LOAN AND MODIFY THE
TERMS OF REPAYMENT OF THE PRINCIPAL BALANCE OF $57,802.12.
(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.
----------------------------------------------------------------------------------------------------------------
41. APPROVE FUNDING FOR FIVE SERVICE PROVIDERS -- FOR HOUSING
ASSISTANCE TO LOW INCOME PERSONS WITH HIV/AIDS -- DIRECT
ADMINISTRATION TO PROVIDE STATUS REPORTS MONITORING
$9,000,000 HOPWA FUND FOR HOUSING ASSISTANCE.
Mayor Carollo: We're on 34.
Commissioner Plummer: Mr. Mayor, I'm going to move 34, but I once again am going to raise
the flag of caution. This is an' awful lot of money that is being given out to people.
Unfortunately, I have in my hands, without going into it, a document in which an organization
was to receive - one point nine, was it? - was supposed to receive one point nine of this money.
This organization is now closed. They owe approximately two hundred thousand dollars
($200,000) plus in payroll taxes. This organization is closing their doors. They have two large
outstanding loans, and they were taking a million nine of this HOPWA (Housing Opportunities
for Persons With AIDS) money. I raise the flag of caution to the Administration that you cannot
keep an eye sharper than eight million dollars ($8,000,000) of money that the Federal
government is going to handle with us, even though we are a pass through, that we are going to
be looked at if this money is mishandled. I am concerned that a lot of this money is going out
very quickly, which it should, but I want to make sure that the proper... proper auditing is being
done. OK? I am clear on 34. You can call the roll.
110 October 14, 1997
Mayor Carollo: Call the roll.
Commissioner Plummer: All in favor.
Walter Foeman (City Clerk): I need a seconder.
Commissioner Plummer: I made the motion. I don't know who seconded.
Commissioner Gibson: I second.
Commissioner Gort: Under discussion. Who does the audit in these funds? Who performs the
audits?
Mr. Elbert Waters (Director, Community Development): On these funds, Commissioner Gort,
the City. We have... There is a requirement under the Federal regulations that audits be
conducted on all of these funds. So we... We provide the audit oversight on all of the funds that
are being expended through these various different programs.
Commissioner Gort: Do we request any audit of the agency, itself?
Mr. Waters: Yes, sir, we do. It is a Federal requirement.
Commissioner Gort: How come we were not able to see this unpaid liability?
Mr. Waters: Well, the organization, as I understood it, went out of business. We... As it relates
to the HOPWA Program, as you may recall, approximately two City Commissions ago, we were
able to recommend that the monies that were awarded to that agency, CCSA (Christian
Community Services Agency), be reallocated to Metropolitan Dade County, and the
Commission so approved that. So we were on top of it to try to safeguard the City's exposure to
that particular problem.
Commissioner Plummer: We've lost nothing now. Yeah... I just gave you the letter. OK.
Commissioner Gort: OK. Thank you.
Commissioner Plummer: Bert, please. I want the audit, of course, but I want a monthly look...
not after the barn door has burned down. OK? I'm not saying do a full-fledged audit every
month. But, my friend, you know there are nine million dollars ($9,000,000) here, roughly nine
million dollars ($9,000,000). This money has ways of going many ways. And I'm saying that
you cannot keep too much of a watchful eye on where those dollars are going, and not when it's
all over, said, and done, and an audit comes back to embarrass us. OK?
Mr. Waters: Yes, sir.
Commissioner Gibson: Just in deference to them, the CCSA Board did bring that to the
HOPWA Board, letting them know that they could no longer use the funds in the proper way.
So it was through them that they came to the HOPWA Board.
Commissioner Plummer: Well, yeah, but unfortunately, Thelma, just for your information, on
that board, for the last week, that organization has been being run by volunteers.
Commissioner Gibson: I know, but I'm just saying, just for the record, that they did come to the
HOPWA Board. At my first meeting of the HOPWA Board, they came to tell them that they
could no longer minister those funds.
111 October 14, 1997
Commissioner Plummer: Yeah. OK. I just want to make the record clear. I sit as this
Commission's liaison to the consortium, and that information came to me, and I immediately
went to our internal people to make them aware of it, also.
Mayor Carollo: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: The resolution passes unanimously.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-723
A RESOLUTION, WITH ATTACHMENT, APPROVING FUNDING FOR FIVE (5)
"SERVICE PROVIDERS," AS HEREIN SPECIFIED, FOR THE PROVISION OF
HOUSING ASSISTANCE TO LOW INCOME PERSONS WITH HIV/AIDS;
ALLOCATING FUNDS IN THE AMOUNTS OF: (1) $9,713.00 (ACCT. NO.
194001.590601.6860.94654; (2) $26,909.00 (ACCT. NO. 194002.590602.6860.94654);
(3) $882,830.00 (ACCT. NO. 194004.590604.6860.94654); AND (4) $5,556,474.00
(ACCT. NO. 194005.590605.6860.94654) FROM THE FY 1993, 1994, 1996 AND 1997
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM
GRANTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO IMPLEMENT THE 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
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
112 October 14, 1997
•
----------------------------------------------------------------------------------------------------------------
42. DIRECT ADMINISTRATION TO REVIEW CHAIN LINK FENCES
REGULATIONS ON BISCAYNE BOULEVARD -- ADDRESS REQUEST
FROM COMMUNITY MEMBERS SOUTH OF 36 STREET ON BISCAYNE
FOR CHAIN LINK FENCES.
Commissioner Plummer: Thirty-nine?
Mayor Carollo: We're on, actually, 35 now, public...
Commissioner Plummer: Huh?
Mayor Carollo: We're on 35 now.
Commissioner Plummer: Thirty-five?
Mayor Carollo: Thirty -four -A has been done already.
Commissioner Plummer: Yes.
Mayor Carollo: So we're on 35. It's Commissioner Gort's request.
Commissioner Plummer: Oh. Why is he dealing in my district?
Commissioner Gort: Sorry, sir. I was requested...
Commissioner Plummer: Go ahead.
Commissioner Gort: ... before I got, involved in it. What can I tell you? They called me. I'll
refer the calls to you.
Commissioner Plummer: Go ahead.
Ms. Lourdes Slazyk (Assistant Director, Planning & Development): Item 35 is a request
regarding chain link fences along Biscayne Boulevard. The piece of Biscayne Boulevard
between 17th Terrace and 36th Street is the only piece of the boulevard that really does not have
any kind of design review rights or a special district overlay that requires class two's. What
we're proposing - we've already actually begun the study, based on this request - is applying the
SD-9 overlay on Biscayne Boulevard. This would not allow chain link fences right on boulevard
frontage. It also has a list of uses that it will preclude. What we wanted to do before coming
back with that amendment is look to see what other uses on the boulevard would become
nonconforming as a result of this. We wanted to look at the implications of applying this overlay
before coming back to you. And that process has already begun in the department. And I'm
hoping we can get something to the Planning Advisory Board by December, and back to you by
January.
Commissioner Gort: Also, make sure you have somebody to make the Edgewater Association
members aware of what's going on so they participate in the studies.
Ms. Slazyk: Yes.
113 October 14, 1997
Commissioner Gort: J.L. requested that.
Ms. Slazyk: Yes. I've already spoken to the NET (Neighborhood Enhancement Team)
Administrator, and...
Commissioner Plummer: You don't have any qualms that you're not going to be here after
November the 4th, are you? I'm sure that you will be.
Commissioner Gort: To get even, I might resign even before then.
Commissioner Plummer: "Comisionado por vida."
Commissioner Gort: Maybe Mariano will be sitting here.
Mayor Carollo: OK. Are we done with the chain link fences?
Ms. Slazyk: Yeah, unless... if you want to give us a motion to give us that, you know, specific
direction. But we've already begun the process, you know. A motion helps us, you know, tie it
back to the date that it was requested.
Commissioner Plummer: I move it.
Commissioner Gort: I second.
Mayor Carollo: There's a motion by Commissioner Plummer, a second by Commissioner Gort.
All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes with no "nays."
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO, 97-724
A MOTION DIRECTING THE ADMINISTRATION TO REVIEW CURRENT
REGULATIONS IN CONNECTION WITH USE OF CHAIN INK FENCES ON
BISCAYNE BOULEVARD AND COME BACK TO THE COMMISSION WITH
APPROPRIATE LEGISLATION TO ADDRESS REQUEST FROM MEMBERS OF
THE COMMUNITY TO APPLY CURRENT CHAIN LINK FENCES RESTRICTIONS
TO AREA SOUTH OF 36TH STREET ON BISCAYNE BOULEVARD.
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.
114 October 14, 1997
11
•
--------------------------------------------------- ------------------------------------------------------------
43. APPROVE BUYING FATHER FELIX VALERA POSTAGE STAMPS FOR
COMMISSIONERS' OFFICIAL USE FOR SPECIFIED PERIOD OF TIME.
Mayor Carollo: We're on 36.
Commissioner Gort: Thirty-six, I...
Mayor Carollo: I read in the paper already that we're each getting a hundred dollar ($100) worth
of the new stamps. So.
Commissioner Gort: Mr. Mayor, I was approached by Jacinto Ceballos. He is the president of
the Hispanic Mailmen Association. And for the last year and a half, we have been working very
close with him, because they have been trying to recruit Hispanics to work at the post office, and
they have seminars, and he requested... And I explained to him that it was very difficult for the
City to go ahead and use stamps, because we have the bulk rates and so on, but I would bring it
up. My understanding is, staff identified some areas where we can use and buy the stamps.
Commissioner Plummer: Well...
Commissioner Gort: And this was way, way before the election, and the districts. I want to
make sure they know that.
Commissioner Plummer: But Commissioner Gort, what I read in the paper this morning, it
would seem like to me that if the City purchased any 32 cents stamps that that's the stamp they
would purchase. I don't think there was any indication at any time that you would do that in lieu
of a 13 or a 19 cents stamp. So, you know, if what you're saying is the City are going to buy 32
cents stamps, you buy this one, I don't see anything wrong with that.
Mayor Carollo: Of course, there's nothing wrong with that. I just wish that people would think
before they speak and make statements in the media, and that's why I made the statement before
that we're all going to be getting a hundred dollars ($100) worth of the new stamps for our
offices.
Commissioner Plummer: I got a better suggestion. Just don't talk to them.
Chief Frank Rollason (Director, General Services Administration): Mr. Mayor, that's not
exactly what the issue... how it was laid out. It was laid out...
Mayor Carollo: You were misquoted, right, Frank?
Chief Rollason: I'm the guilty party. What I said was, is that we're on metered mail, and that
what we would do is, we would purchase stamps, and then for the mail that we get that comes
from the Commissioners' and the Mayor's office that we send out, we would put those stamps on
those pieces of mail that would go out. And when... The question was, "How much do you
think during the month?" And I said perhaps a hundred dollars ($100) worth of stamps. So, I
mean, it was for a one month period. And that was...
Mayor Carollo: That's fast footwork there, Chief.
115 October 14, 1997
Chief Rollason: Well, I mean, that's exactly what happened.
Mayor Carollo: Fast footwork.
Commissioner Gort: Move it.
Commissioner Plummer: Second.
Mayor Carollo: There's a motion and there's a second. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimously.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 97-725
A MOTION APPROVING THE USE OF FATHER FELIX VARELA
COMMEMORATIVE STAMPS FOR ALL APPROPRIATE MAIL OF THE CITY
FROM OCTOBER 1997 THROUGH DECEMBER 1997.
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
44. DISCUSS / TABLE TO LATER IN SESSION CONSIDERATION OF
AGENDA ITEM 37 (PROPOSED LEASE AGREEMENT WITH ALAMILLA
AND ASSOCIATES FOR PROPERTY AT 1000 SOUTH MIAMI AVENUE-
FIREFHOUSE FOUR RESTAURANT) -- SEE LABEL 47.
Mayor Carollo: Thirty-seven.
Commissioner Gort: I had a request from the second bidders on the Firehouse Four property
that... they're given an opportunity to make a presentation, is my understanding. They have been
trying to get together with staff and we have to hear from staff.
Mayor Carollo: OK, also, I believe that the item should say "Carlos Alamilla, president of
Alamilla and Associates, Inc.," and not "Cha Cha Foods Corporation."
Mr. Carlos Alamilla: Yes. Thank you, Mr. Mayor.
116 October 14, 1997
Commissioner Plummer: Well, wait a minute. Let me make sure, now. This was the second
bidder?
Dena Bianchino (Assistant Director, Asset Management): Yes, sir.
Commissioner Plummer: And what... I understand that the last time when we eliminated the first
bidder that you were going to go back to the second bidder and see if they would match the same
that the first bidder made. And if they were unable to do that, we'd have to go back out to
bidding, as I recall.
Ms. Bianchino: They have not agreed to accept the proposal as submitted by the first bidder.
We gave them the benefit of the doubt and allowed them some time to come up with a proposal.
It is our opinion that they still do not have financing for this deal.
Commissioner Plummer: OK. That's not what's bothering me. They have indicated to me, and
there's no question in my mind that... I think that if they got the lease, they would get financing.
And we can tie the lease to that, if they don't get the financing - OK? - and still be guaranteed.
My concern is the lease, itself. And it was my understanding at the last meeting when this matter
was referred back to the Administration to go back and negotiate and see if they would accept
the proposal of the first bidder. And if they were not, then under bidding procedures, it would go
back out to a rebidding.
Ms. Bianchino: There's no requirement that it would have to go out for a rebid if they did not
accept the proposal of the first bidder. The Commission has the right under the RFP (Request
for Proposals) to do whatever it wants. You have the right to throw out all bids at this point and
go out for another RFP, or consider selling the building.
Commissioner Plummer: Have we seen the second... their proposal? I mean, have they made a
proposal to us?
Mr. Alamilla: We have.
Ms. Bianchino: Yes, sir. It's in your package. It's... There's...
Commissioner Plummer: OK. I didn't... discussion...
Mr. Alamilla: Commissioner...
Ms. Bianchino: No, no. If you look... attached to your document. There should be a sheet that
looks like this. It was submitted with a memo.
Mr. Alamilla: Commissioner, my name is Carlos Alamilla. I'm president of Alamilla and
Associates, Inc.
Commissioner Gort: Wait, hold it, hold it. Let him finish and then you go.
Mr. Alamilla: OK.
Commissioner Plummer: All right, go ahead.
Vice Mayor Regalado: Go ahead. Dena, go ahead.
Ms. Bianchino: Basically, Mr. Alamilla has changed his original proposal to us. He has
changed it... This is the third change we received from him. He's asking that he get four months
117 October 14, 1997
free rent. He had not asked for that before. He has deleted any letter of credit that we had asked
for out. He is not prepared to put up a security deposit on the property. And he has... let me get
the exact numbers for you. In his original proposal, he offered to the City that he would make
five hundred and twenty-five thousand seven hundred dollars ($525,700) worth of improvements
on the property. In his second proposal, he is now down to three hundred and forty two hundred
dollars ($340,200) of improvements. And on his third proposal, he is now down to three
hundred and sixteen thousand dollars ($316,000). The RFP states very clearly that the bidder
cannot deviate more than 15 percent from the amount that they came up with in their original bid
package. And they've gone from five twenty-five down to three sixteen. So it would take a
Commission action to sort of go around that RFP issue and let him put in far less than he had
originally proffered to the City. I would like to say something about the financing. The original
proposal, as submitted, was under Alamilla and Associates, Inc. When we received his evidence
of financing, it was not for Alamilla and Associates, Inc. It was for another corporation. The
RFP clearly states you cannot substitute corporations. We informed Mr. Alamilla of this. He
indicated that he understood, and that he was going to go back to his original Alamilla and
Associates. However, under Alamilla and Associates, I am not prepared to recommend to you
today that this project has financing. It does not have financing. And I can give you copies. All
he has submitted to us are letters from people saying that they will personally guarantee a loan
that doesn't exist, and it does not tell me how much their personal guarantees are. I don't know
what they're guaranteeing, and there' no money attached to this. And this... I just want to say
one more thing. This has been going on since July, and we have made every effort to
accommodate Mr. Alamilla. And it's a question of how much longer you want to go on with
this. I'll give you my recommendation. I suggest that we come back to you at the next
Commission meeting with a financial analysis of how the City would come out with an extended
lease on the property versus selling it, and then you decide how you would like to move forward
on this property.
Commissioner Plummer: So move.
Mayor Carollo: I would think that... Excuse me. I think that would be a fine recommendation.
There's a motion by Commissioner Plummer. Is there a second?
Mr. Alamilla: I disagree with it, Mr. Mayor.
Mayor Carollo: I'll give you the opportunity to talk. There's a motion. Is there a second? OK.
I'll second it.
Vice Mayor Regalado: OK. There is...
Mayor Carollo: Discussion.
Vice Mayor Regalado: Under discussion. Go ahead, Mr. Alamilla.
Mayor Carollo: Go ahead.
Mr. Alamilla: OK. First of all, my name is Carlos Alamilla, 3191 Coral Way, Miami, Florida.
First of all, I would like to dispel some of the statements that Ms. Bianchino has made recently,
just a few minutes ago. First of all, I have not changed at all my proposal, number one, because I
have never asked for any free rent from the City. As a matter of fact, I am paying the City in my
proposal six months advance rent. That's number one. Number two, actually, the original
proposal that I made to the City, which was five hundred and twenty-five thousand dollars and
seven hundred... five hundred and twenty-five thousand seven hundred dollars ($525,700), my
revised proposal, it ups that to five hundred and thirty-seven thousand and seven hundred and
seventy-five dollars ($537,775), which all you Commissioners have a copy of, which I left...
118 October 14, 1997
which I've given you last week, number two. Number three, we are ready, willing and able to
open and operate the Firehouse Four. I have brought today Mr. Stewart Levine, the banker who
is willing to finance this deal. However, we need a lease. You know, he can only provide us
with financing up to the time that we have a lease. We don't have a lease right now, and that's
what we want the Commission to approve today. We would want to enter into a lease with you
today. Alamilla and Associates will transfer that lease to Firehouse Miami Bar and Grill,
because that's a different business all together. And that's the company that the... that we have
financing for. We have...
Mayor Carollo: If I could interrupt you for a moment. I'm going to ask the maker of the motion
if he could withdraw his motion, and I will withdraw my second of his motion. And I'm going
to have to ask you to be patient for a little longer, because we have to take one item up that's
extremely important to us and our colleague from the County, Mayor Penelas, is here. So if you
could bear with us, we'll get back to that in just a few minutes.
Mayor Carollo: Mayor Penelas, if you could come up here, please?
Commissioner Plummer: I have no problem.
----------------------------------------------------------------------------------------------------------------
45. APPROVE $37.6 MILLION SALE OF FLORIDA EAST COAST (FEC) TRACT
TO DADE COUNTY WITH CONDITIONS -- FURTHER DISCUSS ISSUES
OF ENVIRONMENTAL CLEANUP AND POSSIBLE CITY DAMAGES IN
PENDING LAWSUIT.
Mayor Carollo: Over here, I think, would be better. We're now on item 28, sale of a portion of
the FEC (Florida East Coast) tract to Metropolitan Dade County.
Commissioner Plummer: Are we doing that before 27 for a reason?
Mayor Carollo: We're going to be doing 28 first.
Commissioner Plummer: First? OK.
Mayor Carollo: First.
The Honorable Alex Penelas (Mayor, Metropolitan Dade County): Mr. Mayor and members of
the City Commission, Mr. Manager, good afternoon. And thank you, Mayor Carollo, for your
courtesies in allowing me to be heard at this time. I'm going to be very, very brief. The item
before you, as the Mayor said, is item 28 on your agenda this afternoon. And I think it's
important for a variety of reasons. I think finally, we're taking a first positive step on what I
think the people of this community mandated last November when they pretty overwhelmingly
voted in favor of a world class waterfront development. The negotiations on the land took a
while, but finally, as you all know, your Mayor, Mayor Carollo and myself signed a
memorandum of understanding, a letter of intent early in the month of August, setting forth what
1 believe to have been a very, very fair and reasonable price for both the County and the City.
Before you, the County stands as the purchaser of approximately a little over 18 and a half acres
of land on the southern tip of what's commonly referred to as the Bicentennial Park/FEC tract
for a purchase price of thirty-seven point six million dollars ($37.6 million). I believe this, like I
said before, is an important first step in moving this whole waterfront development forward. It
also serves the purpose of keeping the Miami Heat playing right here in the City of Miami, in
119 October 14, 1997
downtown Miami, for 30 years, under the deal that was negotiated with the County, and I would
simply urge you to support this at this time. And Mr. Mayor, I'll be happy to stay if there's any
questions. Thank you.
Mayor Carollo: Thank you, Mr. Mayor. Mr. Manager, how would you like to proceed at this
point in time?
Mr. Edward Marquez (City Manager): Mr. Mayor, the Management has a strong
recommendation for acceptance of this item. As Mayor Penelas had indicated, we have been
negotiating this transaction for months now. The purchase price that the City is receiving for
this piece of property is fair market value. There has been an issue... There has been some
comment that, are we, in fact, sponsoring an arena on the site? The answer is no. We have been
at odds with the County for months now, in trying to figure out what is a fair return to the City,
and we believe we have obtained that. The site, on a per -acre basis, is two million forty-three
thousand dollars ($2,043,000). That is equivalent to the assessed value that's on the tax rolls.
It's also equivalent to a fair market value appraisal that we have on the property. The terms of
payment include a sharing of environmental costs by the County with the City, should it exceed
a certain dollar amount. The City is responsible for the first two point five million dollars ($2.5
million) of environmental cost. The County will be responsible for the balance, up to six million
dollars ($6,000,000). The County has agreed that it will construct the pedestrian bridge
connecting this piece of property to Bayside. That's a major negotiable item that we were able
There's all sorts of restrictions and sharing of expenses in this transaction. I'll be happy to get
into the detail as you have any... as questions come up. But again, the Administration strongly
advocates the acceptance of this item.
Mayor Carollo: I'd just like to state that during the course of the negotiations with the County, if
there was someone that certainly stayed focused, and I was very impressed how forthright he
was and how he worked with me, it was Mayor Penelas. And the agreement that we have
brought to you here today is an agreement that we're all winners. This is not the City taking
advantage of the County or the County taking advantage of the City. Those were the old days,
the old ways of doing things. You know, we're working as a team now, as I said here this
morning. In order for this City, for this community as a whole to move forward into the next
century, with the standards, the goals that we all have to truly make Miami a greater Miami, the
international center of trade and commerce that we must and will become, we have to work as
one. We have to work City, County and State, together. And this agreement is an agreement
that we're all winners. There are no losers in this. We are all winners. It's an agreement where
everybody wins. It's an agreement that's good for all of Miami.
Commissioner Plummer: Mr. Mayor, I have indicated to you this morning, and I will now go
into detail why I think this agreement is a very lousy agreement for the City of Miami. I concur
with you, sir, in the cost and the price of the land. I think that that is fair. I call your attention to
page 6. As we all are very much aware, there is a pending lawsuit, and it's not by a man who is
a dummy. It is a man who knows what he's doing, and does not file frivolous lawsuits. You are
asking me, the Administration is asking me in this document... the County shall assume 50
percent of the legal cost incurred with the... defending the case of Decoma, et cetera, et al.,
versus the City of Miami, subject to the agreement date. Now, the part that I can't live with is
that the City is responsible for any damages awarded. No blanks, no numbers. What you're
asking me, and I think is totally, totally wrong, is to ask me to sign a blank check. We have no
idea what the outcome of that lawsuit could or may be. We know what happens in the awards in
the County in this Dade County. And I think to even ask us to sign a blank check is wrong. I
don't think that we should be even asked to do such when we don't have the full and knowing
particulars of what that might involve. There are many other factors in this. For example, we
shall continue to give and protect with municipal services to this piece of property. There is no
indication in this as to what we will be paid to do these municipal services. They talk about the
120 October 14, 1997
utilities available. Well, if that's all they're talking about, but not spelled out in this document,
that they are available to the boulevard, but not to the property itself, that the City has no
responsibility, whatsoever, for bringing it onto the property, then that's a different story. But it's
not spelled out in this document. The other parts that would be, I think, Mr. Mayor, has to be
remembered, that I hope this Commission will remember next year that the building of this
facility will, in fact, affect the budget of Bayfront Park, which will take away revenue which we
have been using to subsidize the park for this... many times. My main concern is not with the
sale of the property, but more so because of parking. You might recall that in parking, when the
arena was built that to get the Heat franchise, this City had to guarantee 4,500 parking spaces, or
we would not have had the franchise. That was part of the agreement. I think that there should
be no less than that built in, but we'll do that, as Mr. Luft said, with a major permit when we go
through that scenario. I don't know what happened where we had what I thought was considered
to be a fair deal, on the environmental cleanup. Originally, it was supposed to be 50150, up to
six million dollars ($6,000,000). Now, we're talking about we will pay the first two and a half
million, and the indication is it will be in that neighborhood of two and a half million dollars
($25,000,000), which means the County pays nothing. I don't think that is fair. These are just
some of the items that I am concerned about. But the one that will predicate my negative vote,
Mr. Mayor, unless it is changed, is asking this Commission and me to sign a blank check without
knowing what the outcome of that lawsuit can be. It can be anything that a jury decides. To
know where I'm going from, I think we have to go back into history into this piece of property,
when this City went to purchase this property through an appraiser of this property and Miami
Center, which were two parcels of very, very good property, that, in fact, our appraisal showed
twelve million dollars ($12,000,000) for both parcels. The Mayor at the time forced the issue
before the Commission to, in fact, take it on a fast track. "Fast track," for those who don't know,
you take the property today and a jury will decide how much you're going to pay for it. Well, let
me tell you something. We got burnt then. The jury decided twenty-seven million dollars
($27,000,000) for just that piece of property. Didn't even include the Miami Center property.
Mr. Mayor, if that wording can be changed, I can live with the rest of the document. But to ask
me to sign a blank check, under... no way, shape, or form will I sign a blank check for this City,
for the County, for my kids. I don't sign blank checks, even for my kids. And unless somebody
can put something in there... I think we have to remember that we're not only doing a favor for
The Heat, we're doing a favor for the entire community. And I don't know why...
Mayor Carollo: I'm sorry, Commissioner. We are not doing anybody any favor, and I need to
clarify that. I'm sorry that I interrupted you, because we are not sponsoring anything. We are
selling a piece of property for the best price that we could get in the market. This is not for The
Heat. This is not for anybody except the residents of Miami getting the best dollar that we could
get for that piece of property in today's market. And I do have to clarify that, in case someone
wants to take us to court on the issue.
Commissioner Plummer: I only said that because he said it.
Mayor Carollo: Now, if I could...
Commissioner Plummer: Mr. Mayor, may I conclude?
Mayor Carollo: Yes, sir.
Commissioner Plummer: Mr. Mayor, I only made that comment predicated on Mayor Penelas'
comment that this was a way to guarantee The Heat staying in Miami. That was his comment,
not mine. So I'm just saying...
Mayor Carollo: Well, what the County is going to do with that property, sir, is up to the County.
121 October 14, 1997
Commissioner Plummer: It's their problem, absolutely.
Mayor Carollo: What we're concerned with is the bottom line of the dollars that this City will be
receiving.
Commissioner Plummer: Mr. Mayor, again, my only real negative is in the area of signing a
document where you're going to be liable for the total amount of an award that could be more
than the property is worth.
Mayor Carollo: Well, let....
Commissioner Plummer: But we don't know. That's my problem.
Mayor Carollo: Let's take your first concern, Commissioner. I've written them all down,
because I have no problem in taking them one at a time...
Commissioner Plummer: Fine.
Mayor Carollo: ... and show you that you are wrong in each and every single one of them.
Commissioner Plummer: All right, sir.
Mayor Carollo: Number one, this is a fantastic deal for the City of Miami. If you compare it to
the previous deal that we had made, even if we included the percentages that we could have
gotten or not have gotten. This is a much better deal for the City of Miami, any which way you
look at it.
Commissioner Plummer: I never... never said...
Mayor Carollo: And this is why I negotiated so hard to get this deal for the City of Miami at the
price that we've gotten.
Commissioner Plummer: I never said, Mr. Mayor, it wasn't.
Mayor Carollo: The last deal, sir, that we in this Commission... there were three of us that were
present at the time - yourself, Commissioner Gort, and myself. When we voted upon,
unanimously, in this Commission, to approve the last deal with the County, we had nowhere near
the guarantees that we have in this one. You voted for that at the time. And if we are open into
any litigation on this one, we were certainly open even more on the other one.
Commissioner Plummer: I understand.
Mayor Carollo: Now, you know, lawsuits are, you know, a way of life in our country. Anyone
can sue anyone. Like we've had lawsuits on the deficit that those people lost when they filed
their lawsuit. We've had others. And we've been winning lawsuit after lawsuit that has been
filed against us recently. Now, I understand that Mr. Huizenga does have deep pockets, and he
could keep us tied up in court for some time. But at the same time, at the end of the day, if any
suits are filed on this issue here, we will win them. Now, what I would like of the City Attorney
is to explain in his best judgment the limits that we have on liability, looking at the worst
possible scenario that we could look at. And before I ask him to proceed with that, you know, it
has been this individual who is speaking, right here, that has taken the brunt of the attacks for
doing what's right for Miami. I have been the one that has been attacked on an almost daily
basis on certain radio stations, been accused that I don't like sports, been accused of all kinds of
horrible things. Why? Because I've done what is right for Miami. I have defended Miami.
122 October 14, 1997
And if I am going to be attacked even more so in the future for doing what is right for Miami, for
defending my City, my County, so be it. So be it. But I know in my conscience and in my heart
that I have done what is right. And if I hadn't been here, maybe a lot of the positive things that
we are accomplishing today would never have happened. And if Alex Penelas had not been
Mayor of Dade County, a lot of the positive things that are happening here would not be
happening. Anyone can sue anyone, but at the end of the day, they're not going to succeed.
Would we have to spend dollars in defending a lawsuit? You better believe it. But this is why...
the part that we understand that we'll have to spend money in defending, the County will pay 50
percent of those costs. At this point in time, I'd like to ask the City Attorney...
Commissioner Plummer: Can I respond?
Mayor Carollo: If you could let the City Attorney explain to you...
Commissioner Plummer: Sure, sure.
Mayor Carollo: ... his judgment on what would be the most that we would have to be facing in
damages in any kind of lawsuits, if any.
A. Quinn Jones, 111, Esq. (City Attorney): Mr. Mayor, if I might, if I could defer it to our
counsel who is handling the Decoma lawsuit, if she could respond to the question?
Ms. Laura Besvinick: Commissioners, Laura Besvinick of Davis, Weber and Edwards. We're
representing the City in the pending lawsuit. One thing we ought to make clear is the lawsuit is
already pending. It's not dependent upon this deal. Decoma, the management company for the
arena, has already sued the City of Miami and the Sports Authority, for whom Mr. Coffey is
counsel. So far, they are not seeking damages against the City. It's a request for an explanation
of what the contract means. There hasn't been a demand for damages yet, and we don't know if
there will be one. What's happened so far is both sides have filed papers. The City has filed
papers in court asking the Judge to throw the case out on several grounds, which I'll just very
briefly go through with you to help you assess what the potential risks are. One of the arguments
that we have made on behalf of the City is that the City is no longer bound by the land lease
agreement at all with respect to Decoma, because the City has previously sold the land on which
the old arena sits. And there is language in the contract, which we have argued to the Court, and
which the Court will soon, we hope, consider that that takes away the City's obligations in toto,
and would just end any question of a lawsuit against the City completely. The argument is
pending now, and has not yet been considered by the Court. We've also argued that where, as
here, the City makes a fair market deal, that that's not sponsorship, and therefore, doesn't violate
the agreement under any circumstances. So in that respect, that would also protect the City from
liability. Third, we've argued that in the event the Court were to construe or to consider that the
agreement did block this sort of a deal - that is, where the City is selling land to the County at a
fair market rate - that that would be improper. The Court can't construe the contract that way.
The contract would be unenforceable. There are additional arguments that we're also making,
and that are still yet to be developed. But all of these, we think, are strong arguments that would
support and protect the City in these circumstances.
Commissioner Plummer: Have you talked settlement with the other side?
Ms. Besvinick: Not to date.
Commissioner Plummer: Not to date. But have you, in the past? Have you, at this point, talked
settlement with the other side?
Ms. Besvinick: No, we have not.
123 October 14, 1997
Commissioner Plummer: Not at all.
Ms. Besvinick: It has not been broached.
Commissioner Plummer: Excuse me?
Ms. Besvinick: It has not been broached.
Commissioner Plummer: You or no one representing the City has talked settlement.
Ms. Besvinick: I can only speak to what I know, Commissioner Plummer.
Commissioner Plummer: OK. Well, that's fair enough. Mr. Manager, have you or any of your
people talked settlement with the other side?
Mr. Marquez: No, sir.
Commissioner Plummer: OK. Then they're wrong. Mr. Mayor, whenever you're ready, I'll go
ahead and proceed.
Mayor Carollo: There have been some sides that have talked settlement. I know the...
Commissioner Plummer: Well, see, now, it's coming out.
Mayor Carollo: I know the Sports Authority tried to bring our part of the... I don't know how
many lawsuits we're engaged in with the Huizenga entities, in court, to bring them to a
conclusion. I don't know if our counsel there would be in a position to speak on that or not.
Commissioner Plummer: I was going to ask him next.
Mr. Kendall Coffey: If I may, Your Honor, very briefly. Mr. Mayor, fellow Commissioners, my
name is Kendall Coffey. I lived at 6320 Southwest 99th Terrace, and I am the attorney for the
Miami Sports and Exhibition Authority. We have made several attempts to initiate settlement
dialogues, and have been basically looking at a slammed door. That has occurred on multiple
occasions, Commissioner Plummer.
Commissioner Plummer: Are you at liberty to tell us how much?
Mr. Coffey: Well, Commissioner Plummer, the basic claim in the lawsuit...
Commissioner Plummer: Was three million dollars ($3,000,000).
Mr. Coffey: ... disappeared months ago. No, there is not a three million dollar ($3,000,000)
damages claim pending, just to be very clear.
Commissioner Plummer: OK. Then that's what you're going to be faced with, from what I hear.
Mr. Coffey: Well, that may be, but they have been sort of the arena stalker on this thing for
many months. They filed a lawsuit a long time ago, didn't assert a damage claim. They may do
it now. But the point that the Mayor made that I do want to speak to that I think is important, in
March of 1996, this City Commission moved toward an arena transaction that was significantly
more an exposure than the deal that is on the table now. This arena transaction, in the view that
Ms. Besvinick has expressed, with which I fully concur, leaves the City with, in my judgment,
124 October 14, 1997
for what it's worth, as MSEA's (Miami Sports and Exhibition Authority) attorney, no realistic
exposure. That is my opinion of this transaction.
Commissioner Plummer: You want to indemnify me?
Mr. Coffey: Sir, I've given you a lawyer's opinion, and that, you are entitled to.
Commissioner Plummer: You know, I...
Mr. Coffey: But let me finish the point...
Commissioner Plummer: Sure, go ahead. I'm sorry.
Mr. Coffey: ... because you had the opportunity to markedly reduce your exposure from where it
stood on the previous arena transaction.
Commissioner Plummer: I fully understand that, sir.
Mr. Coffey: So from a liability standpoint, this is a positive move for the City, and that certainly
warrants emphasis. The other points Ms. Besvinick made, I would just underscore. There is no
claim, whatsoever, with respect to the transaction that's before you. And for it's... You're the
policymakers, but it's important to note that basically, this is a shadow that is standing before
you, in terms of some possible liability. It is not a lawsuit that anyone has put forth and had the
ability to articulate up to now. In any event, I'm certainly available to respond to any other
questions. I wanted to confirm that we've attempted settlement, and have been thwarted.
Commissioner Plummer: My question is, again, are you at liberty to tell us how much you were
negotiating to settle for?
Mr. Coffey: Sir, we were not prepared to put any money on the table for Decoma, which is the
Huizenga entity in this case, or in the others. I wouldn't propose to go into any more detail than
that.
Commissioner Plummer: My next question would be to the County. If you've heard all of this,
that there's really no liability, none whatsoever, will you remove that clause from this contract?
I mean, you know, if there's no liability and nobody is going to get hurt, and there's no dollars
that are going to be lost, you can get my vote in a hurry. Remove this clause from the contract.
Mr. Coffey: Mr. Commissioner, the answer is no. We've negotiated a fair market price, and the
answer is no.
Commissioner Plummer: I don't blame you. I don't blame you. OK? I don't blame you,
because you know the potential that is there. And, you know... Mr. Mayor, I hope that my
questions here today, you're not taking personally, because this is not personally against you.
Mayor Carollo: I certainly have not, Commissioner.
Commissioner Plummer: OK. I just wanted...
Mayor Carollo: I know you are doing what you think is best.
Commissioner Plummer: OK.
Mayor Carollo: And I respect that.
125 October 14, 1997
Commissioner Plummer: Mr. Mayor, when you said that I voted with you before, you're
absolutely correct. It was an entirely different proposal. Yes, we had more liability than we've
got in this particular proposal. But I voted for that proposal because I thought it was a fair
proposal. But there's been many, many changes that have occurred since that proposal. You
know, at this particular time... that proposal included Bicentennial Park. Now, we're giving
away the heart of the watermelon. My mother used to criticize me when I took the heart. Well,
that's what's happening here today. The heart of the watermelon - the best part of this property -
has gone down the... out to the sale. Mr. Mayor, we need to do this. We need to get it done.
And if, in fact, they would remove that clause, and not ask this City to write a blank check, I
think it's a good deal, and I would be very much in favor of it. The only question that I still have
is in reference to providing municipal services, as to how much they're going to pay us for it. I
think that's a fair question. They have agreed to using off -duty City of Miami police and fire.
That's reasonable. The utilities, as long as it's known that they bring them to the Biscayne
Boulevard, that's reasonable. My area of concern still happens to be about parking, because
parking in that area is extremely critical. It's going to get even worse with the Performing Arts
and all of that. But if they cannot remove that one clause, then I cannot change my mind. Thank
you, sir.
Mayor Carollo: Thank you.
Vice Mayor Regalado: If I may, Mr. Mayor, members of the Commission...
Commissioner Gort: But, Joe, if you remember the reason...
Mayor Carollo: If I could just answer something before I give everybody the opportunity to
express themselves. Commissioner Plummer said that we were giving them the heart of that
parcel of land. Well, let me say this to you, Commissioner. I have had the opportunity in recent
weeks to meet one on one with some of the top executives, with some of the top, top companies,
not only in the U.S., but frankly, worldwide companies that are extremely interested in going
into the rest of the land, and working with the City, or with the City and County jointly, to
develop and do some other projects there, including the top manager/builder of malls, shopping
centers in the country that would love to go in there right now and cut a deal with the City or
County. In fact, we still can do a project similar to what we had discussed before there, and still
have room for the maritime project, and have two slips where we could have two mega
cruiseliners. So the heart of that project has not been taken. If anything, what has happened is
by us being able to do this deal, it's going to make the other two thirds of the property even more
valuable and more costly than what we're getting for this property now, that's fair market value.
And frankly, I did not find anybody out there that was willing to give us what the County was
willing to do.
Commissioner Plummer: Yeah, but at least you established a price.
Mayor Carollo: Well, we established a fair market value. So the statement that we gave the
heart of this property away is just not so. Now, as far as Bayfront Park and your question of
thinking that Bayfront Park is going to be affected, first of all, we're not giving them the slip that
ships can be parked there. That's still under our control, under our domain. We still own that.
All that waterfront property is still ours. So any time in the future there are some ships, until we
work out at least an agreement in the future for the rest of that property, that amount can still go
to Bayfront Park. But you know, Commissioner, frankly, this is like trying to get a dollar ($1),
we're willing to give away a thousand dollars ($1,000). What we can give to the Bayfront Park
Management Trust by being able to do this deal now, and the second phase in the near future,
will be so much more than any junk ships that you can put in there, that the U.S. government
wants to do away with, and what measly rent they're going to pay us.
126 October 14, 1997
Commissioner Plummer: Mr. Mayor that...
Mayor Carollo: This can bring some real, real dollars to the City that we can turn into recurring
revenue for the City of Miami.
Vice Mayor Regalado: Mr. Mayor...
Commissioner Plummer: Can I just answer?
Vice Mayor Regalado: Sure.
Mayor Carollo: Yes.
Commissioner Plummer: Mr. Mayor, I was not speaking of the ships. What I was speaking is
the revenue from concerts. That's what I was speaking to, not the ships. The ships bring in a
minimal amount of money. Those are usually by the Federal courts that ask us to allow them to
dock there during a period of the foreclosure on the ship. That's the only... but that's minimal.
Mayor Carollo: But Commissioner, the concerts that go to Bayfront are different than the ones
that would go to arenas. For instance, if your logic is correct, then that means that you're
already losing all this revenue with the present arena that's built here.
Commissioner Plummer: That's true, we do.
Mayor Carollo: Another arena is not going to hurt you in any other way. When activities go to
Bayfront Park, they go there because people want to have that open outdoor atmosphere. I don't
think that they compete with one another at all. They're two different things all together.
Commissioner Gort: Mr. Mayor...
Commissioner Plummer: Let me tell you in this contract, the nice thing about it. This contract
with the new arena does not preclude the City from having in Bayfront Park more than 4500
people, which is what we'd have to do in the old contract.
Vice Mayor Regalado: If I may?
Mayor Carollo: Vice Mayor, go ahead.
Vice Mayor Regalado: I don't want to talk about money, nor site, or size of the property. I just
want to take about two minutes to talk a little history in regards to the need to make a decision.
On a day like today, 35 year ago, a young, popular President was presented in the Oval Office
with several photographs taken by spy satellites and planes over the island of Cuba. And he was
told that these photographs were very grave, in terms of the security of the United States,
because it showed that some missiles are being installed at that time in Cuba. The reaction of
that President immediately was to, "Let's invade and let's bomb those sites immediately, so we
eliminate the danger to the United States." But then some of the people around him started
talking about the different scenarios. But if you do this, the Russians will move in Turkey.
And if you do that, they probably will go and invade India. And if you do that, we'll probably
be under a missile attack or aerial attack in Alaska." So much they told him that he decided to
do the less risky scenario. "Let's quarantine, let's talk, and let's accept the possibility of the
threat by the Soviet Union." So he did that. And it seems that the missiles were withdrawn
somehow. But at the same time, that action that he took when he hesitated created a chain of
events that we do not have to say here today. Vietnam, Korea, Angola, third world countries in
127 October 14, 1997
war, the cold war. That President, before he was killed, reflected and said when he learned of
the first advisors that were going into Vietnam, "Well, I should have done what I thought at the
beginning, I should have done, take a decision and do it. I should have not let those aides tell me
all the possibility of threats that we had. Had we done that, then we would have solved a very
big problem." And then he was killed. And I just wanted to bring this up here on this 35th
anniversary, because if we start talking about the possibility of a suit, if we start talking about the
possibility of Mr. Huizenga coming to us and threatening with more lawsuits, if we not take a
decision, then the City of Miami will not move forward. And we are here to take risks. If we do
it wrong, then the people of Miami have the right to go to the polls and get us out of these chairs.
So this Commissioner is ready to take a risk. I don't care if they're going to sue. Might as well
let's do it. I'm ready to vote right now. I'm ready to have this project underway as soon as
possible, because after all, this is what the people of Miami want. This is what the people of
Miami need. Yes, we may take a risk, but at the same time, if we don't take a risk, then we don't
do nothing. And doing nothing is the worst that we can do for the City of Miami. So I'm ready
to vote on this motion whenever this board is ready.
Commissioner Gort: Mr. Mayor?
Mayor Carollo: Commissioner, go ahead
Commissioner Gort: I think, as you stated before, the liability, we'll always have it in there. It's
always been there. But looking at the value of the property, my understanding is that if we were
to build something on that piece of property, automatically, the property right next door, the
appreciation will take place immediately, and the rest of the land would be a lot more expensive.
And I understand about the parking, the parking problem that we've had. But we made a
commitment about... I think it's 15, 20 years ago to try to push our public transportation. We
have excellent public transportation to the downtown area. And I think somehow, the County
can do the program where they can get the individuals that are going to be using this facility to
use the public transportation. We have some great systems south of the... south in Kendall, and
all we need is to finish the the rest of it. But Hialeah, north and south, we've got excellent public
transportation. Somehow, we need to start using that. I personally don't have any problem with
this the way it is right now, and I'm ready for it today.
Commissioner Plummer: Call the question.
Mayor Carollo: Is there a motion, Commissioner?
Julie Bru (Assistant City Attorney): Mr. Mayor...
Vice Mayor Regalado: Yes.
Mayor Carollo: There's a motion by Vice Mayor Regalado.
Vice Mayor Regalado: Yes, there is a motion to approve the sale.
Mayor Carollo: There is a second by Commissioner Gort. For discussion, Julie.
Ms. Bru: Mr. Mayor, before you vote on the resolution, I want to ask you to amend it so that the
Manager can expend certain funds that will be necessary to go to closing on this. Because of the
way the transaction is structured, the money is going to be escrowed. The purchase price will be
escrowed for a while. So until such time as there is a disbursement of the purchase price, we
will need certain funds to close on the deal.
Commissioner Gort: What is the certain funds?
128 October 14, 1997
Mayor Carollo: Certainly. What is the amount that we need to...
Ms. Bru: The only amount that I have identified would be 50 percent of the title commitment
premium, the title insurance premium, which is approximately fifty thousand dollars ($50,000).
Mayor Carollo: OK. Do the maker and seconder of the motion accept that amendment?
Vice Mayor Regalado: Yes.
Commissioner Gort: Yes.
Commissioner Plummer: When is the thirty-seven million you pay due?
Commissioner Gort: It's thirty-five.
Commissioner Plummer: It's thirty-seven, isn't it?
Mayor Carollo: Thirty-seven million, six hundred and six thousand, two hundred and thirty-
four.
Commissioner Plummer: When is the check?
Mayor Carollo: Is there any change in that, Mr. Mayor? We want every last penny.
Commissioner Plummer: I'm sure he's got that in his pocket right now. When is that money
due and owing?
Ms. Bru: Commissioner, at closing, the County has to go to closing with a check for that amount
of money.
Commissioner Plummer: No later than?
Ms. Bru: Well, what happens is that check gets put in escrow, and then there is a period of time
that allows for certain contingency to happen. When that happens, which the outside date is
April 29, 1998, we will get our cash.
Commissioner Plummer: Thank you.
Mayor Carollo: Commissioner Gibson...
Commissioner Plummer: Sure, you can speak on it.
Mayor Carollo: ... would youlike to make any statements, or would you like to proceed?
Commissioner Gibson: Well, I'd like to proceed. However, I do have to tell you, I got this at
ten o'clock at night, and I stayed up until two or three o'clock reading it. I did not pick up on
what Commissioner Plummer said. But I just believe that the City needs the money, and it's a
part of what we have been about in trying to save this City and to get from under the State's
jurisdiction at some point. And so I'd like to see us at least get some funds into the coffers.
Mayor Carollo: OK. Does staff have any further statements that they would like to make?
Well, I'd just like to say that for so many years, this property has laid there unused, not
producing for the City of Miami. And finally, finally, we are going to be seeing this property
129 October 14, 1997
used... We're going to be making this property into the pearl of downtown Miami, from where we're
going to be building a new downtown, a new downtown that's going to bring thousands of new jobs into
the City of Miami, a new downtown that's going to bring thousands of new jobs for all of Greater Miami.
And this is going to be the catalyst that is going to bring many millions of additional dollars of
investments into our City. And I'm glad that I was able to be here, to be part of bringing Miami forward
into the next century. This is going to be a fantastic project for all of Miami. It's going to be a project
that we're all going to be proud of. It's going to be a project that is going to bring the millions of
additional new dollars in revenue that both the City'of Miami government and Dade County government
both require. One of the areas that I'd like to make clear that we have negotiated in this agreement, and
that is that not only will the City of Miami he providing all of its services, including fire and police
services on duty, but also off duty. And that was very important to us, because our employees have
sacrificed a lot this past year, and we wanted to make sure that they knew that we were going to protect
them also in this. So having made that last statement, if I could ask the Clerk to call the roll, please.
The following resolution was introduced by Vice Mayor Regalado, who moved its adoption:
RESOLUTION NO. 97-726
A RESOLUTION, WITH ATTACHMENTS, APPROVING THE SALE OF
APPROXIMATELY 19.0420 ACRES OF CITY -OWNED LAND, COMMONLY KNOWN AS
THE FEC TRACT, LEGALLY DESCRIBED IN THE INTERLOCAL AND COOPERATION
AGREEMENT FOR SALE AND PURCHASE ("THE AGREEMENT"), BY AND BETWEEN
THE CITY OF MIAMI AND METROPOLITAN DADE COUNTY, PURSUANT TO THE
TERMS AND CONDITIONS SET FORTH THEREIN AND SUMMARIZED IN THE
MEMORANDUM FROM THE CITY MANAGER DATED OCTOBER 8, 1997, IN THE
AMOUNT OF $37,606,234.00; AUTHORIZING THE CITY MANAGER TO EXPEND
CERTAIN FUNDS PERTAINING TO CLOSING COSTS AND TO EXECUTE ALL
DOCUMENTS NECESSARY TO CONSUMMATE SAID TRANSACTION, SUBJECT TO
THE APPROVAL OF THE CITY ATTORNEY, INCLUDING BUT NOT LIMITED TO: (1)
THE AGREEMENT; (2) AN AMENDMENT TO AN AGREEMENT DATED JULY 19, 1998
BETWEEN METROPOLITAN DADE COUNTY, THE CITY OF MIAMI AND BAYSIDE
CENTER LIMITED PARTNERSHIP, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, THEREBY PROVIDING FOR: A RELEASE OF BAYSIDE'S LEASEHOLD
INTEREST IN A PORTION OF THE PROPERTY BEING CONVEYED TO THE COUNTY;
CERTAIN NON-EXCLUSIVE RIGHTS AND EASEMENTS FOR PEDESTRIAN ACCESS
BETWEEN THE PROPERTY AND THE BAYSIDE MARKETPLACE; AND THE
CONSTRICTION, MAINTENANCE AND OPERATION OF A PEDESTRIAN BRIDGE
CONNECTING THE PROPERTY AND THE BAYSIDE MARKETPLACE.
(Here follows body of resolution, omitted here and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: Comm iss ioner J. L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: For the reasons so stated, :1 have to vote no.
130 October 14, 1997
COMMENTS MADE AFTER ROLL CALL:
Mayor Carollo: Mr. Mayor, thank you very much for coming on this item.
(APPLAUSE)
---------------------------------------- -----------------------------------------------------------------------
46. DEFER CONSIDERATION OF AGENDA ITEM 27 (PROPOSED SALE OF
MUNICIPAL JUSTICE BUILDING AT 1145 N.W. 11 STREET) -- FURTHER
DIRECTING MANAGER TO WAIT MINIMUM OF 30 DAYS BEFORE
RESCHEDULING ISSUE AGAIN -- FURTHER REQUESTING FROM DADE
COUNTY TO PROCESS HOMELESS AT NORTH FACILITY -- SEE LABEL
31.
Commissioner Plummer: Are we going to deal with... Joe, are we going to deal with 27 while
he's here? Because it was his letter.
Commissioner Gort: I need to ask for a favor on 27. It's very important for the Allapattah area.
Mayor Carollo: Mr. Mayor, if you don't mind, briefly, on 27. I appreciate the frankness that
you had in the letter that you sent me, as you have had with me in all our dealings. If you could
come up and address us on this matter also, I would appreciate it, because we would like to deal
with this today and give both the County and the City the opportunity that you requested so that
we can discuss this further before we take any final determination.
The Honorable Alex Penelas (Mayor, Metropolitan Dade County): Mr. Mayor, very simply put,
I would very, very greatly appreciate an opportunity for us to further our talks on this issue. And
I know you all are in somewhat of a situation, as well. But in the big picture of our correctional
system, this facility plays a very, very important role. And to be quite frank with you, we don't
know in our cramped system, as it is right now, where we would find immediate capacity for
anywhere between 300 and 400 individuals that come through this pretrial detention center on a
daily basis. It would cause significant problems for us. We have identified some temporary
alternatives that could, perhaps, mean that your own officers would be booking people up at the
North Dade Detention Center, which is going to be a problem for you all. So all I would ask...
and I have no ready made answers right now, but I would like to have an opportunity to pursue
the talks with you and your staff in the weeks to come.
Commissioner Plummer: How long would it take you to come back with an answer so we don't
lose this other deal that is almost finished with Winn -Dixie?
Mayor Penelas: I've asked the Mayor for 30 days.
Commissioner Plummer: Can I ask a favor of you, then? Will you, if we make some deal with
you, negotiate in the North Dade facility that that's where you process all homeless people from
now on? My problem is simple. All the homeless from the entire Dade County are brought to
the downtown central facility. They're released the next day, and all of them stay primarily right
in that downtown area. Alex, it's killing our downtown, and if they could take...
Mayor Penelas: Commissioner, I would be more than willing to enter...
Commissioner Plummer: ... spread the wealth.
131 October 14, 1997
Mayor Penelas: I would be more than willing to entertain that request on your part, as we talk
about this issue. I am not prepared today to make any commitment of any sort.
Commissioner Plummer: I understand. I wanted to make the point. My question... Dena, if we
give the Mayor that 30 days, does it, in fact, throw the other deal in jeopardy? Because that's
five...
Mayor Carollo: No, it does not, Commissioner. It does not.
Commissioner Plummer: We're sure, Dena? You've negotiated with the people.
Dena Bianchino (Assistant Director, Asset Management): I don't believe it does. They're very
interested in the site.
Mayor Carollo: I made a call to their attorney during our lunch break, and spoke to their
attorney, and he assured me that it would not.
Commissioner Plummer: Fine.
Commissioner Gort: Mr. Mayor, I need to ask a favor of you, because this is a problem that
we've had for many years, not only in downtown, but within the Allapattah area. We're getting
it in high concentrations, because what's happening is anybody that gets arrested - Sweetwater,
West Miami, anywhere out there - they all come to downtown Miami. They are let go within
hours or the next day, and they stay right there. And that has created a big problem for the City
of Miami. As a matter of fact, I don't think we would mind taking ours to the North Dade. So if
you could... when you look into it, if you'd look at a solution for that, we would really appreciate
it.
Mayor Penelas: I certainly will. Thank you.
Commissioner Gort: Thank you.
Mayor Carollo: That should be a simple solution that we could work out. But frankly,
gentlemen and lady, the main problem that we have with the homeless is not what's been
described here. We have other greater problems that I think that this Commission soon will be
able to show the public what we've been able to accomplish, so that we won't have to face the
problems that we have had to deal with that were inherited by this Administration from the past.
Mr. Mayor, I appreciate your candor. I appreciate you being here, and congratulations.
Mayor Penelas: Thank you. Thank you all very much. Have a good evening.
Mayor Carollo: Thank you.
Commissioner Plummer: Back to 37?
Mayor Carollo: Twenty-seven, for the record, we will not take any action. What we will have
will be a substitute resolution that I will make that we wait a minimum of 30 days before we
bring this back to the City Commission.
Commissioner Plummer: Just defer it till the next meeting. That's more than 30 days.
Mayor Carollo: No, not till the next meeting. The next meeting is on the 20-something.
132 October 14, 1997
11
Commissioner Gibson: Twenty-eighth.
Commissioner Plummer: Oh, I'm sorry
November is what I meant.
You're correct. You're correct. The meeting of
Mayor Carollo: There's a motion. Second by Commissioner Gibson. Would you call the roll?
The following motion was introduced by Mayor Carollo, who moved its adoption:
MOTION NO. 97-727
A MOTION DEFERRING CONSIDERATION OF AGENDA ITEM 27 (PROPOSED
SALE OF MUNICIPAL JUSTICE BUILDING, LOCATED AT 11SS N.W. 11 STREET
TO WINN-DIXIE STORES, INC.); FURTHER DIRECTING THE CITY MANAGER
TO BRING THIS ISSUE BACK FOR COMMISSION CONSIDERATION 30 DAYS
FROM TODAY.
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.
Commissioner Gort: Before I vote, Mr. Mayor, can we also ask staff to continue to work with
the Winn -Dixie people so they can continue...
Mayor Carollo: Absolutely. That they are.
Commissioner Plummer: Absolutely. That is critical.
Commissioner Gort: ...whatever study they need to do and so on. Yes.
----------------------------------------------------------------------------------------------------------------
47. DIRECT CITY MANAGER TO REQUEST FINAL PROPOSAL FROM
ALAMILLA AND ASSOCIATES, CORP. -- FOR LEASE OF FIREHOUSE
FOUR RESTAURANT AT 1000 SOUTH MIAMI AVENUE -- FURTHER
DIRECTING MANAGER TO SCHEDULE ITEM FOR COMMISSION
MEETING OF OCTOBER 28, 1997 -- SEE LABEL 44.
Mayor Carollo: Thank you for your patience in waiting for us to do this. Go ahead, sir.
Mr. Carlos Alamilla: Thank you. Mr. Mayor and Commissioners, I would like to bring up
Stuart Levine who is an officer for Capital International Financial who will be financing our
project, the Firehouse Miami Bar and Grill.
133 October 14, 1997
0
Mr. Alamilla: I would to reiterate some of the points that, you know, that I stated before. That
we are not asking the City for any free rent. We are paying six months advance rent to the City.
That our investment today is five hundred and thirty-seven thousand dollars seven hundred and
seventy-five dollars ($537,775) in comparison to the original proposal which was five hundred
and twenty-five thousand dollars ($525,000). That we are providing the City three hundred and
sixteen thousand dollars ($316,000) security deposit which is all the improvements we are
making on the property. That if we default on any part of the lease, that you get to keep all the
improvements we have on the property. And, that within the next five years, the City will
receive one million six hundred and thirty-four thousand dollars five hundred twenty-nine dollars
($1,634,529) in revenue based on our sales and in rent. And, I would like to ask Mr. Levine just
to attest to the fact that, you know, they are willing to provide financing if we do have a lease.
We don't have anything right now.
Mr. Stuart Levine: My name is Stuart Levine. I am with Capital International in Coral Gables.
I am the senior commercial loan officer and I am here to answer any of the questions. I believe
one of the questions was, and the main contention was, that we do not have a hard commitment.
Ms. Dena Bianchino (Asst. Dir./Asset Mgmt.): Sir, excuse me. We would like to clarify
something.
Mr. Levine: Surely, go ahead.
Ms. Bianchino: We have no commitment. Because, the commitment that you made before was
to an entity that is not authorized under this RFP (Request for Proposal). And, I have yet to see
another commitment from you, or as you called it, a pre -approval document...
Mr. Levine: Uh-huh.
Ms. Bianchino: ... that addresses Alamilla and Associates.
Mr. Levine: I was never asked to change. I was only, for this one over here, it's the Carlos
Alamilla... Alamilla and Associates is the most current one. I don't know if you have that one.
Ms. Bianchino: I don't have that one.
Mr. Levine: Well, you should have them. It made no difference to us which entity it was.
Ms. Bianchino: Well, I think it may, if you...
Mr. Levine: Well, I... It really made no difference. It was the collateral. It was the personal
guarantees. It was one hundred and four thousand dollars ($104,000) worth of cash put up in
security accounts and escrow accounts. These are the things that we loan out. I could not give
this to anybody. In all honesty, I could not give anybody any kind of commitment whatsoever
without a lease. The lease is the whole document.
Commissioner Plummer: You have got a quorum.
Ms. Bianchino: Sir, we understand the nature of conditional commitments.
Mr. Levine: I am sure you do.
Commissioner Gort: Excuse me, a minute. This is very fast. My understanding is, he said he
has brought up his proposal and paid six months ahead. He is going to spend five hundred.
134 October 14, 1997
Excuse me. He said that he has sent that but you don't have that. So, if she doesn't have that
she cannot make the recommendation to us. You might be making it verbally today in here, but
she doesn't have that.
Mr. Alamilla: No, no. She has that. She has a copy of Kimberly Driscoll's lease which I made
adjustments to the proposals that I made a year ago. She has a copy of that just like every
Commissioner has a copy of that.
Ms. Bianchino: Excuse me. OK. Let's start with the construction budget. What he is saying is
537 is not. He is including in there utilities deposit, advertising, restaurant supplies. None of
those are capital improvements to this project. The only capital improvements that he has got
here is three hundred and sixteen thousand dollars ($316,000).
Mr. Alamilla: If you look at the original proposal...
Ms. Bianchino: You have five hundred...
Mr. Alamilla: ... in capital improvements, we have about two hundred and something thousand
dollars. So, in essence, we have up that. You know, look at the capital expenditures in the
original proposal. Out of the five hundred and twenty-five thousand dollars ($525,000), you
know, we have everything in there. Except if you look at the capital improvements section, you
have to take out the advertising, the inventory, the liquor license and if you add it up, you know,
it adds up to about three hundred and eight thousand dollars ($308,000).
Commissioner Gort: OK.
Mr. Alamilla: So, in essence, you know...
Commissioner Gort: My understanding is, we cannot make a decision here today. Staff is not
ready to recommend. My understanding is, a motion was made for staff to come back with your
proposal and some other proposal and the feasibility study and... Mr. Vice Mayor.
Mr. Alamilla: But, that's the... Last time... this last time, this Commissioner, what they wanted,
they wanted to be assured that we had financing. We have given the City staff everything, every
document viable within our reach now to provide financing as Mr. Levine attested to this. He
can only give us so much until we have a lease. You cannot buy a home, I mean you cannot get
financing for a home unless you have a contract to buy a home. We don't have a lease. You
know, he is willing to come here today to attest to the fact that we do have financing, that he is
willing to give us four hundred thousand. We have one hundred and thirty thousand in escrow
and in bank accounts. So; therefore, we are ready to go. It's a matter of having a lease, OK. We
are not deviating from our original proposal. As a matter of fact, we have up our original
proposal, you know, as far as the improvements are concerned. So, we are willing, we are ready,
willing and able to go. You know, the staff is not ready to go and they haven't been ready to go
now since the last Commission meeting I mean, you know, where do we go from now? That's
my premise today.
Vice Mayor Regalado: Well, we keep bringing this back and bringing this back, Dena. Could
we say to them right now, we don't want you? Or do you think, do you think based on your
experience, that there is a strong possibility that the City will be able to make a deal with Mr.
Alamilla for Firehouse 4? Do you think, do you think that they should? Yeah, you...
Ms. Bianchino: My honest answer?
Vice Mayor Regalado: Yes.
135 October 14, 1997
0
Ms. Bianchino: I do not think it's in the best interest of this City to make a deal with Mr.
Alamilla. I hate to say this, Mr. Alamilla has worked very hard on this, but we have been back
and forth and it's always at the last minute we get things, and now we don't have a letter from
Mr. Levine. And, now we don't have this and now we don't have that. And, this has been going
on since July. And, it's a question of how long... Mr. Alamilla has had far longer than Kimberly
Driscoll had to get financing under her lease. He has had far longer. And, it's... you know, he
submitted a lease to us on Friday afternoon that he wrote, that was full of errors and he expects
me to present that lease to you, and say approve it. I am not going to do that.
Commissioner Plummer: Well, Dena, I fully understand, when you ask for a loan on a house,
you don't get the loan until you have a lease for the house. But, that I understand. And, that's
something we can deal with. I am concerned about the fact of the total amount of money this
City is going to get. I am concerned about the amount of money that is not being put out for
capital improvements. I am concerned about no letter of credit. I am concerned about the first
months of rents, free. Those are the things that I am concerned about. You know, financing,
when you give a lease, you provide in that lease, in my estimation, that he has got 30 days or 60
days or whatever to get financing. And, if he doesn't get financing acceptable to this City, well,
so long, Charlie. So, financing is a matter of yes, he's got a lease, yes, he's negotiated a good
deal and if his lease is forth coming, very clearly written into the lease. You got 30 days, you
got 60 days to produce acceptable financing to the City or bye-bye. Bye-bye. I mean, I think the
letter of credit is very important.
Ms. Bianchino: I want to clarify one thing. Mr. Alamilla is contradicting himself in his lease
that he gave us. He first said that he would pay rent for this... for six months. Then he said he
was taking a rent abatement for 120 days. So, he completely...
Commissioner Plummer: Dena, Dena. You know what I would like to see, OK? You come
back at the next meeting, you give us his proposal. You shoot holes in it or you compare it to the
Firehouse 4, which is what we were predicating it on. This Commission can make up its mind.
If we decide that he, in fact, has a good lease and it's to the benefit of the City, great. What is
the value of the property, the assessed value of the property?
Ms. Bianchino: The assessed value to my understanding...
Commissioner Plummer: What is the appraisals?
Ms. Bianchino: The appraisals are old, OK. I believe...
Commissioner Plummer: So, what were they when we had them?
Ms. Bianchino: About one point two million. Property values in that area have risen greatly
over the past year.
Commissioner Plummer: Across the street has gone up...
Ms. Bianchino: So...
Commissioner Plummer: Look, it's a simple thing to me. I am not a realtor, but if you are not
getting a ten percent return on your money, bye-bye.
Ms. Bianchino: OK. Well, the other thing we have to look at, I am prepared to come back and
do what you said is, whether we feel that his proposal is doable. I mean, it's one thing to
propose something, it's another thing to actually come up...
136 October 14, 1997
Commissioner Plummer: What are you asking for in the letter of credit? How much in advance
in the letter of credit?
Ms. Bianchino: I am not asking for anything. It's something that needs to be negotiated.
Commissioner Plummer: No, no, no, you don't understand. A letter of credit that would be a
rolling letter of credit for "X" number of dollars if he terminates tomorrow. How much are you
asking for in the letter of credit?
Ms. Bianchino: I am not asking anything yet, because we haven't negotiated a lease with him.
Commissioner Plummer: Well, then you lost my vote.
Ms. Bianchino: Well, I am not voting. We are not voting on anything.
Commissioner Plummer: I know, I am saying, that there should be a rolling letter of credit...
Ms. Bianchino: We agree.
Commissioner Plummer: ... for at least two years in advance. And, all I am saying to you is, is
that if he terminates, then, he gets the letter of credit, the escrow account.
Ms. Bianchino: OK, you want it...
Commissioner Plummer: That's, that simple.
Ms. Bianchino: Commissioner, may I suggest something? Mr. Alamilla has said he would
provide a letter of credit. Why don't you ask him.
Commissioner Plummer: Then, that's his choice.
Ms. Bianchino: But, I want you to...
Mr. Alamilla: Mr. Plummer, you are getting three hundred and eighteen thousand dollars
($318,000) worth of improvements. If I default on the lease, you get to keep three hundred and
eighteen thousand dollars ($318,000) worth of improvements. That's my security deposit for
you.
Commissioner Plummer: Mr. Alamilla, do you know what used restaurant equipment is worth?
Mr. Alamilla: No, we are not talking about used restaurant equipment, we are talking about the
improvements that we are going to make in the physical property. That's the improvements that
we are going to bring in addition to new equipment which you can keep if I default on the lease.
So, therefore, the letter of credit is purpertluous. You are getting three hundred and nineteen
thousand dollars ($319,000) worth of improvements which I cannot take with me. You will get
to keep it all. And, you will get the choice of putting there whoever you want to manage and run
the place.
Commissioner Plummer: Mr. Alamilla, according to whatever proposal, and I have got a whole
salad bowl full of them here, OK. That you are going to be paying me seventy-six thousand
dollars ($76,000) in rent.
Ms. Bianchino: No, sir. Look at his third proposal.
137 October 14, 1997
Commissioner Plummer: The minimum... I don't have the third proposal.
Ms. Bianchino: OK. He just gave it to us. But, he is only going to be paying fifty-seven
thousand three hundred and seventy-five dollars ($57,375).
Mr. Alamilla: Based on the original RFP, Commissioner Plummer...
Ms. Bianchino: He is taking a rent...
Commissioner Plummer: The point is...
Ms. Alamilla: The first six months of the rent, you are giving us a 50 percent discount. If you
look at the original RFP, that's where I take it front.
Commissioner Plummer: Sir, if you can't give me a rolling letter of credit for one hundred
thousand dollars ($100,000), that's what I am asking, two years in advance.
Mr. Alamilla: It's not the letter of... Mr. Commissioner, I am giving you three hundred and
eighteen thousand dollars ($318,000) worth of improvements which is better than a letter of
credit because you get to keep it.
Commissioner Plummer: Sir.
Mr. Alamilla: I cannot take that with me, OK.
Commissioner Plummer: I heard you, but you obviously are not listening to me.
Mr. Alamilla: I am listening to you. I understand perfectly well. And, I am not willing to give
you right now a letter of credit because I am giving you three hundred and eighteen thousand
dollars ($318,000) worth of equipment. I mean, worth, you know, worth of improvements. I
think your demands are exorbitant.
Vice Mayor Regalado: Mr. Manager.
Commissioner Plummer: Are we deferred? Are we deferring this matter?
Mr. Alamilla: I would like...
Vice Mayor Regalado: But if we are deferring, what are we going to do when we come back?
Have the same...
Mr. Alamilla: The same.
Commissioner Gort: My understanding, the motion on the floor and there was a second and we
had a discussion. The motion was for staff to come back; finalize whatever proposals he wants
to do. Let staff analyze the proposal, analyze the feasibility of rentability and the feasibility of
the sale of the property. And, he will make a decision.
Vice Mayor Regalado: Wait, wait, wait. Willy, Willy, Willy. You and me and J.L., and
everybody have seen... this picture more than the "Empire Strike Back." You know, we keep
seeing and seeing the same discussion between Alamilla and staff, you know the letter of credit,
the this and that. We have seen this same story between the administration...
138 October 14, 1997
Commissioner Plummer: It's easier. But, it's easier.
Commissioner Gort: Well, let's decide what you guys want to do.
Commissioner Gort: Go ahead.
Vice Mayor Regalado: Yeah, let's... You know...
Commissioner Plummer: You know how to do it? You know how to do it.
Mr. Alamilla: I would like the Commission to...
Vice Mayor Regalado: I am sorry.
Commissioner Plummer: You see these proposals here. Now, let him make his final proposal...
Vice Mayor Regalado: That's it.
Commissioner Plummer: That's it, baby.
Vice Mayor Regalado: That's it.
Commissioner Plummer: And, we will... And, they will analyze it and we will analyze it.
These here, throw them in the garbage.
Vice Mayor Regalado: OK...
Mr. Alamilla: OK, I have... I would like to, for the Commission to tell Asset Management to
negotiate a lease. We come back to you, if you accept the lease, fine. If you don't accept the
lease, then, let it be.
Commissioner Plummer: So, be it.
Mr. Alamilla: So, let's...
Commissioner Plummer: I will be happy to accommodate you.
Mr. Alamilla: I would like the Commissioner to instruct Asset Manager to enter into a lease
with me, subject to your approval. That's all I am asking. Without the approval... without the
lease, we don't have anything.
Commissioner Plummer: You are not asking anything, because that's procedure.
Mr. Alamilla: OK, then, but, that Asset Management doesn't want to sit down with me and
negotiate a lease. They don't want to. That's how come I took Kimberly Driscoll's lease and I
gave it to them....
Vice Mayor Regalado: Wait a minute. One second.
Commissioner Plummer: Well, you are not... Again, you are not listening, all right.
Vice Mayor Regalado: Excuse me.
Commissioner Plummer: What we are saying to you, sir, is very simple. You reduce to writing
exactly your proposal as to what you are willing to do. They will analyze it, not negotiate. They
139 October 14, 1997
will analyze it, they will recommend to this Commission, which we can agree or disagree with
and we can negotiate. We can negotiate.
Mr. Alamilla: OK.
Commissioner Plummer: But, I am saying, that they are not going to negotiate. They are going
to do an analyzation of your proposal, make a recommendation to this Commission. We can
agree, we can modify or we can disagree. And, we will be glad to accommodate you with one
answer or another at the next Commission meeting. Yes, no or good-bye.
Vice Mayor Regalado: Mr. City Manager.
Mr. Edward Marquez: An excellent starting point for review of what he may be proposing is the
last marked up lease that he sent over which we received on Friday. Well, no what I am going to
ask is, either we take that lease or we give them to the end of this week to update that, and we
analyze that document.
Commissioner Plummer: You are not listening to me, either. What I am saying is, he surrenders
the paper which is the final document relating before going back out to bid, OK? And, whatever
that he can... Whatever he wants in that document, the staff will analyze it. They will
recommend. They will come back to us.
Mr. Marquez: .Can we have a date certain?
Commissioner Plummer: What?
Mr. Marquez: Well, if we can ask for a date certain, so that we have ample time to review?
Mr. Alamilla: I am willing to do that, but, I...
Vice Mayor Regalado: Date certain, we have to see that document and your analysis on the
28th.
Ms. Bianchino: No, but we need a date certain for Mr. Alamilla to provide the information, not
at the last minute.
Vice Mayor Regalado: Can you bring to the staff your proposal which will be final according to
the motion of...
Mr. Alamilla: We can do it within seven days from today.
Vice Mayor Regalado: Seven days from today.
Mr. Marquez: .What I would ask is that you deliver it to my office, you know, at the MRC
(Miami Riverside Center), so I can log it in and we know...
Vice Mayor Regalado: Yeah. I would also like just to add a note and, you know, we have had
that place empty for years now. We failed with the first bidder and at least, you know, we
should do something. If we are going to make less money, well, so be it. But, as a matter of
fact, it's something for the eyes because we have seen so many new construction around
Firehouse 4, and we see this abandoned building. So, if his money is good, and maybe it's less,
let's take it.
Mr. Marquez: OK. Mr. Vice Mayor.
140 October 14, 1997
Commissioner Plummer: That's it. Call the question, please.
Mr. Marquez: Just one last comment.
Vice Mayor Regalado: Yeah. You got seven days... Yes, Mr. Manager.
Mr. Marquez: With seven days, that means that he is going to be... we will be receiving it on the
21st. That's two days for us to turn around before the five day rule gets revoked.
Vice Mayor Regalado: Yeah.
Mr. Marquez: So, what we would ask, should we be able to bring this back in the November
meeting?
Vice Mayor Regalado: No.
Mr. Alamilla: We are going to have...
Commissioner Gort: No, you guys have been studying this all along and you know all the
figures, you know all the facts.
Commissioner Plummer: Well, no, no.
Mr. Alamilla: We can do it before.
Commissioner Plummer: Put the monkey on his back. If he wants...
Vice Mayor Regalado: OK, he is going to do it now.
Mr. Alamilla: OK, Mr. Plummer, we can... Commissioner Plummer...
Commissioner Plummer: If you want us to have....
Mr. Alamilla: We can have the lease in your hands, City Manager by Friday, by this Friday. So
we can do that.
Commissioner Plummer: Ah, see. You are learning to listen. Good.
Mr. Alamilla: I would... thank you. I would also like to inform the Commission that, even
though we are going to sign the lease with Alamilla and Associates, Inc., the operating company
is going to be Firehouse Miami Bar and Grill Corp., OK. So, because those are two different
entities and two different types of businesses.
Commissioner Plummer: OK.
Mr. Alamilla: So, I just would like to inform the Commission of this, so there are no problems.
Vice Mayor Regalado: Is there any problem with that, Dena?
Ms. Bianchino: They have to be able to get financing under Alamilla and Associates.
Vice Mayor Regalado: No, no. He is talking about the different entities.
141 October 14, 1997
Ms. Bianchino: Transfer? Yeah, they will be allowed to transfer.
Vice Mayor Regalado: All right.
Mr. Alamilla: OK.
Vice Mayor Regalado: OK, so you got Friday.
Mr. Alamilla: Friday before five... The City Manager, Friday before five o'clock...
Vice Mayor Regalado: The City Manager, the City Manager's office.
Mr. Alamilla: Yes.
Vice Mayor Regalado: OK, there is a motion. Do we need a motion?
Commissioner Plummer: Yeah, move it.
Mr. Alamilla: Can we have a final say on the 28th also, please?
Vice Mayor Regalado: Absolutely. You would have the final say on the 28th, at least on my
part.
Commissioner Plummer: I would give you the final say today, but I am giving you a reprieve.
Mr. Alamilla: Thank you, so much. You are so nice to me. You are all heart.
Commissioner Plummer: All heart, you got it, Toyota.
Vice Mayor Regalado: There is a motion by Commissioner Plummer...
Commissioner Plummer: I made the motion, sure.
Vice Mayor Regalado: ... and second by...
Commissioner Plummer: What, you want somebody else that want to second the motion or
make the motion?
Commissioner Gort: There is a motion on the floor which you have to...
Commissioner Plummer: Then, I will second it.
Commissioner Gort: No, no, no. You have to take out the first motion.
Commissioner Plummer: What?
Vice Mayor Regalado: We did. We did.
Commissioner Gort: We did.
Commissioner Plummer: The first motion was to defer and the Mayor asked that that be
removed, and I agreed to it.
Vice Mayor Regalado: Right, right. And, it was withdrawn. And, now...
142 October 14, 1997
•
•
Commissioner Plummer: Now we have another motion to give them this extension of time to be
within their time frame and I move it.
Commissioner Gibson: Second.
Vice Mayor Regalado: OK. And, second by Commissioner Gibson. All in favor signify by
saying "aye."
The Commission (Collectively): Aye.
Vice Mayor Regalado: OK.
Mr. Alamilla: Thank you, Commissioners. Thank you.
Commissioner Plummer: See you next.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-728
A MOTION DIRECTING THE CITY MANAGER TO REQUIRE A FINAL
PROPOSAL FROM ALAMILLA AND ASSOCIATES CORP., IN CONNECTION
WITH LEASE OF CITY OWNED PROPERTY LOCATED AT 1000 SOUTH MIAMI
AVENUE (FIREHOUSE FOUR) NO LATER THAN FRIDAY, OCTOBER 17, 1997;
FURTHER DIRECTING THE MANAGER TO ANALYZE SAID PROPOSAL AND
COME BACK WITH A RECOMMENDATION FOR COMMISSION
CONSIDERATION ON THIS MATTER AT THE COMMISSION MEETING OF
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:
ABSENT:
None.
Mayor Joe Carollo
143 October 14, 1997
C
•
----------------------------------------------------------------------------------------------------------------
48. AUTHORIZE STUDIES / LEGISLATION IN CONNECTION WITH
RESTRICTED USE OF ALLEY ADJACENT TO 2530 S.W. 3 AVENUE --
FURTHER SCHEDULING PUBLIC HEARING FOR OCTOBER 28, 1997
MEETING.
Commissioner Plummer: Commissioner Regalado.
Vice Mayor Regalado: Yes, sir.
Commissioner Plummer: Thirty-eight is yours.
Vice Mayor Regalado: Come on, we don't need a Vice -Mayor, go. What do you want?
Vice Mayor Regalado: This item... It seems that 38 and 39 are the same items. It's about a
situation that has been going on in the...
Commissioner Plummer: Subject to that other thing, isn't it?
Vice Mayor Regalado: No, well, actually it is and it isn't. The administration came up with the
possibility of granting a revokable permit, probational permit, to use that alley starting
immediately. And, when we come back on the next meeting on the second reading of this
ordnance and have the public hearing on this alley, the situation will be resolved. I don't know,
Jim, if Aaron has told you that we could let them officially use the alley as of today or tomorrow
or whatever, if we can... Aaron, yeah.
Mr. Aaron C. Weeks (Chief of Staff): Commissioner, the idea was to allow, subject to a
revokable permit the opportunity to be able to use the alleyway, which in effect, is not actually
an alleyway any longer because the adjacent property blocked that what formerly was an
alleyway off.
Vice Mayor Regalado: Right.
Mr. Weeks: And, that would be subject to approval by the City Attorney. I don't know if in
doing it that way, that it would be required to have a public hearing prior to the permitting,
granting.
Vice Mayor Regalado: Mr. City Attorney...
Mr. A. Quinn Jones, III, Esq. (City Attorney): The...
Vice Mayor Regalado: ...if we the public hearing, on the 28th that would bring the ordinance,
also?
Mr. Jones: What you probably have to do is change the reading in the second ordinance to an
emergency ordinance. Because as it stands, what you passed today was on first ordnance, I
mean, was on first reading, and the ordinance wouldn't be effective for 30 days -- until 30 days
after adoption on second reading. So, they could do an emergency...
Commissioner Plummer: I thought that's why we adopted this morning...
144 October 14, 1997
Mr. Jones: We could do an emergency... We can adopt an ordinance on second reading as an
emergency ordinance.
Commissioner Plummer: Yes, that's what you said this morning.
Vice Mayor Regalado: Yeah, and that would give us the possibility of having the same day, the
public hearing and if approved by the Commission, they can start the work on the alley.
Mr. Jones: The only thing... Now, the only thing that I don't know whether we need, and, Jim,
you have to help me answer this. I don't know whether that has to be, go through the planning
process to be replated, because, essentially, what we would be doing is giving them a deed
dedication, were we not?
Commissioner Plummer: No, no.
Mr. Jim Kay (Interim Director/Public Works): No, no, no. This is just a closure. The City still
retains the right-of-way of the alley.
Mr. Jones: They are going to own the right-of-way.
Commissioner Plummer: All right, Mr. Regalado, my question to Mr. Kay today, was only in
the area that there must be some way that emergency vehicles can have access to those dedicated
alleys and alley ways. That I am concerned that if a fire truck or a rescue truck or whatever kind
of emergency vehicle had to get into that alley that there can be some way of access to get to that
particular alley. So, I hope that whatever you do...
Vice Mayor Regalado: It's a rolling gate, that they want.
Commissioner Plummer: OK, whatever, it is...
Vice Mayor Regalado: Yeah.
Commissioner Plummer: ...it just got to provide that there can be access.
Vice Mayor Regalado: Absolutely. So, Joel, what do we do today?
Mr. Joel Maxwell (Deputy City Attorney): Direct staff to...
Commissioner Plummer: You wait 'till the next meeting.
Mr. Maxwell: ... prepare the necessary legislation and to prepare whatever studies are necessary
to come back to the Commission at the next meeting. And, also, you may want to be advised of
any potential liability issues that may also accompany that, so that you can consider those at the
next meeting as well.
Vice Mayor Regalado: Also, to advertise the public hearing.
Mr. Maxwell: That's correct. When you direct staff to bring it back, that implies that they will
also have to satisfy all notice requirements.
Vice Mayor Regalado: All right. This is the motion that I am bringing.
Commissioner Plummer: Second the motion.
145 October 14, 1997
•
C� J
Mayor Carollo: There is a motion, there is a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Vice Mayor Regalado, who moved its adoption:
MOTION NO. 97-729
A MOTION DIRECTING THE ADMINISTRATION TO PROCEED WITH
APPROPRIATE STUDIES AND PREPARE THE NECESSARY LEGISLATION IN
CONNECTION WITH PROPOSED RESTRICTED USE OF ALLEY ADJACENT TO
2530 S.W. 3 AVENUE; FURTHER DIRECTING THE ADMINISTRATION TO
INFORM THE COMMISSION REGARDING ANY LIABILITY ISSUES IN
CONNECTION THEREWITH; AND FURTHER DIRECTING THE
ADMINISTRATION TO ADVERTISE AND SCHEDULE A PUBLIC HEARING FOR
OCTOBER 28, 1997 CONCERNING SAME.
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.
---------------------------------------- --------------- ---------------------------------------------------------
49. DIRECT ADMINISTRATION TO MEET WITH CODEC, INC FOR
DEVELOPMENT OF MELROSE TOWNHOME AFFORDABLE HOUSING
PROJECT FOR ELDERLY.
Commissioner Plummer: Item 40.
Mayor Carollo: OK, we are in 40.
Commissioner Gort: Regalado's agenda, again.
Vice Mayor Regalado: Only two. You all remember...
Commissioner Gort: Yes.
Vice Mayor Regalado: ... Vivian Crusset, many weeks ago when she came on behalf of the
tenants of Townhouses and Condominiums in the Northwest area. They wanted something done,
and well, I think we have an opportunity now to resolve those tenants concern and at the same
time, bring more housing and keep building because their project is right across from those
tenants building. At the same time, I need to tell the members of the Commission that Mr. Rene
Rodriguez, Director of the Housing Division of Dade County, has told me that if we do not act
146 October 14, 1997
on this case, this project will loose a lot of money from the County's Housing funds. So, the
reason I requested this issue to be here, in this agenda, is that what I would like to do is, to direct
the administration to meet with the representatives of CODEC in order to try to look for ways in
which to continue this project.
Commissioner Gort: Mr. Mayor, my understanding is... I am glad that Vice Mayor Regalado
also got involved in this because I have been working with the project for the last three years.
And, you -are right, it's a three-phase project, only two phases have been completed. And, what
happens is, the maintenance... the cost of maintenance was divided when it was first designed
and sold to the people, was based on the three phases being completed. Unfortunately, there is
only two phases being completed, and since all the houses have been completed, the
Homeowners Association is being carried over to the property owners and they are having a
large burden, they are not only keeping up with their own payments but also the payments for the
additional lots. And, my understanding is, the reason that it is in front of us, there was a
discussion concerning who owns the third property, the inner lot? And, my understanding is, we
need to get this going to get them on the payroll and also find ways how we can alleviate this so
payments could be made.
Mr. Jose Fabregas: Commissioners, my name is Jose Fabregas, Executive Director of CODEC.
What I would like to say is that I would like to work with staff since the surtax money that we
have brought to the City, one million two, for this third phase, will be taken out by April. So, we
need to actually do some studying and inform the County of what we are doing so that we can
continue on Phase III. We can work with the... We have been working with the Homeowners
Association and we would like to work with staff to present you the soonest way with a proposal.
Commissioner Gort: You have an excellent record throughout Dade County. This is the only
one you really have gotten into a little trouble, so I want you to all your hear into this one, being
that it is the City of Miami.
Mr. Fabregas: Commissioners, I want you to take a look at this picture, this is our latest building
in Blue Lagoon completed. Thank you for your letters of support that make this possible. And,
next week we are closing on a similar building for U.S. HUD (Housing and Urban Development)
on a building like this for the River, South River Drive and Northwest 1st. We are going to start
construction on another elderly project, bringing to the City of Miami, seven million dollars
($7,000,000).
Commissioner Plummer: Let me tell you something, you can't start there fast enough.
Mr. Fabregas: Huh?
Commissioner Plummer: You can't start there fast enough.
Mr. Fabregas: Well, we will, sir.
Commissioner Plummer: Oke-dokie.
Commissioner Gort: Staff.
Mr. Robert J. Nachlinger (Asst. City Manager): Commissioner, we were in favor of the third
phase of this project moving forward as quickly as possible. However, the City Commission
adopted Resolution number 95-773, which required certain steps to be taken before Phase III got
on the way. We have to have CODEC come to us with the feasibility study on the third phase of
the project which we have not seen.
147 October 14, 1997
Commissioner Plummer: Absolutely.
Mr. Nachlinger: And, we also need to see evidence that the Dade County Surtax program will
be funding this. And, I understand that that is the case, but I have never seen any evidence of if.
And, we also need to determine the project description, the private development cost and the unit
sales price in each of these units before we are able to give our approval to the project to
commence this third phase.
Commissioner Plummer: OK. Isn't it...
Commissioner.Gort: Mr. Fabregas, you understand then, there are certain requirements you have
to bring to the staff as soon as possible.
Commissioner Plummer: But isn't it a foregone conclusion that if there is no surtax money,
there is no project. I mean, there is...
Mr. Nachlinger: Absolutely, sir. But...
Commissioner Plummer: So, and why are you worried about if there is evidence of surtax. If
there is no surtax money, bye-bye. It's out the door.
Mr. Nachlinger: Yeah. The other question the Homeowners Association brought up at the last
meeting was, who owns the property and who is responsible for its maintenance? I would just
like to put on the record that CODEC is the property owner on record, and...
Commissioner Plummer: That was that young lady that was here.
Mr. Nachlinger: That's correct.
Commissioner Plummer: Yeah, OK. What's our next item?
Vice Mayor Regalado: The next item. Do we need to? Joel, do we need to vote to direct
administration to meet with Mr. Fabregas?
Mr. Maxwell: A motion with a vote would be appropriate if it's directing them to do it.
Commissioner Plummer: So moved.
Vice Mayor Regalado: OK, there is a motion by Commissioner Plummer.
Commissioner Gibson: Second.
Vice Mayor Regalado: Second by Commissioner Gibson. All in favor signify by saying "aye."
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-730
A MOTION DIRECTING THE ADMINISTRATION TO MEET WITH
REPRESENTATIVES OF CODEC, INC. IN CONNECTION WITH DEVELOPMENT
OF PHASE III OF "MELROSE TOWNHOUSE PROJECT FOR AFFORDABLE
HOUSING.
148 October 14, 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
----------------------------------------------------------------------------------------------------------------
50. BRIEFLY DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 43
(DISCUSSION OF "THE MIAMI HERALD" AND "MIAMI TODAY"
ARTICLES REGARDING COMPTROLLERS POSITION AND CITY
BUDGET CUTS RESPECTIVELY) UNTIL FURTHER NOTICE.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: The next item...
Vice Mayor Regalado: The item 42, has been withdrawn. It's item 43, now.
Commissioner Plummer: That's my item, Mr. Vice Mayor.
Vice Mayor Regalado: Yes, sir.
Commissioner Plummer: Just for the record, I have asked for more information from the
Oversight Board because both of the articles contain concerns and statements by members of the
Oversight Board. I have asked Mr. Pena to give me an answer from the people of the Oversight
Board and at such time, I will bring this matter back before the Commission. I also will deal at a
later time individually with the Manager, of a concern that I have that I read about this in the
paper and I am still waiting for the administration to come tell me their side of the story.
Whether in a memo form or otherwise, but I would prefer to wait until I have the answers from
Mr. Pena, from the Oversight Board before I bring this matter back before the City Commission.
So, at this time, 1 will ask this be put over until I have the other answers and I will, then,
reschedule.
Vice Mayor Regalado: Is it? Would you agree to have your response in written form, so all the
members of the Commission will...
Commissioner Plummer: Absolutely, I wouldn't do it any other way, sir. OK?
Mayor Carollo: We are now in 43.
Commissioner Plummer: Yes, sir.
END OF DISCUSSION -- NO ACTION TAKEN
Mayor Carollo: Do we want to go into board and committee appointments or do we want to go
into the pocket items?
149 October 14, 1997
Commissioner Plummer: Mr. Mayor, I have a problem with Bayfront Park. It's not on this
agenda, but I would ask, please, if at the next meeting, Mr. Clerk, that the appointments for
Bayfront Park... Well, wait a minute. No, we, I guess we ought to put it off 'till November, eh?
We have a hiatus kind of a scenario where people don't know where they are.
Mayor Carollo: OK, what would you like to do?
Commissioner Plummer: Well, let's put it off because Commissioner Gibson is even going to be
changing. No, let's just put it off. Let's just put it off.
----------------------------------------------------------------------------------------------------------------
51. AUTHORIZE EXECUTION OF AGREEMENT WITH SYNCHRON PARKING
SYSTEMS, INC -- FOR COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS LOAN FOR CONSTRUCTION FINANCING OF MIRAMAR
CENTER TOWER 1 PROJECT.
Mayor Carollo: Mr. Manager, any pocket items that the administration has?
Mr. Edward Marquez (City Manager): Yes, sir. We have one pocket item regarding the CD
float loan to the Miramar project.
Commissioner Plummer: To the what, project?
Mr. Marquez: Miramar Project. It's being handed out right now.
Commissioner Gort: Mr. Mayor, I need to ask a question.
Mayor Carollo: Yes, sure.
Commissioner Gort: My understanding is, by no making any appointments today, the boards
will maintain the same...
Commissioner Plummer: That's correct, until they are...
Mayor Carollo: That's correct, that always happens.
Mr. Robert J. Nachlinger (Asst. City Manager): The administration is asking that the City
Commission approve in principle this project. There is a requirement, unfortunately, for a 30-
day public notice period and public comment on any use of CD (Community Development)
funds. I would like to have the Commission basically approve the project in principle. Go
through that comment period and come back to you at the November 25th meeting to ask you to
ratify again that previous vote to grant this CD float loan of eight million dollars ($8,000,000) to
this project.
Commissioner Plummer: This is to apply?
Mr. Nachlinger: Yes, sir.
Commissioner Gort: Right.
150 October 14, 1997
Commissioner Plummer: It's not been approved.
Mr. Nachlinger: No, sir.
Commissioner Plummer: So, that will give us time to read this over before we say "yes" or "no."
If it's not approved, it's no problem. If it's approved then we still hold the right to say "no."
Mr. Nachlinger: You have the right to say no, when it comes back to you after the public
comment period. What I am asking is for an approval in concept.
Commissioner Gort: Second. I would also like to make sure that staff sits down with the
developers and the developer has a full understanding of the criterias that they have to comply
with in those loans.
Mr. Nachlinger: Yes, sir.
Commissioner Gort: Because, I don't want them to come back later on and say, I would like to
have this waived or changed because we did not understand it. Thank you.
Mayor Carollo: Well, just to get an idea of the kind of project that they are building here, it's...
Tower I, alone is estimated at least fifty million dollars ($50,000,000). Now, what this will more
or less represent to the City on recurring revenue each and every year, is approximately half a
million dollars of recurring revenue each and every year. So, this is serious. Do we know
approximately how much Tower II is going to cost to build? Phillip.
Commissioner Plummer: Mr. Yaffa, is here.
Mr. Phillip Yaffa: Good evening, Phillip Yaffa, 100 South Biscayne Boulevard, Miami, Florida.
The Miramar Center project is a three phase project with an estimated total cost of one hundred
and twenty million dollars ($120,000,000). Phase II, which is 441 room all suite hotel will be
around forty million dollars ($40,000,000). And, Phase III, which will be 250 additional rental
apartments is around thirty million dollars ($30,000,000).
Mayor Carollo: Yeah.
Commissioner Plummer: That's all. I thought it was a big project.
Mayor Carollo: This is a project that is going to leave the City of Miami, then, somewhere in the
neighborhood of one million two hundred thousand dollars ($1,200,000) of new revenue each
and every year. Quite important, we appreciate it.
Mr. Yaffa: You might also note, Mr. Mayor, that the CD (Community Development) float loan
that we are applying for will produce an additional half a million dollars ($500,000) of program
income to the City for money which is for money that is now sitting dormant in Washington.
Mayor Carollo: Excellent.
Commissioner Plummer: Is the amount of 108 loans capped for the City?
Mr. Nachlinger: Yes, sir, it is. The... As a matter of fact we are within one million dollars
($1,000,000) of our cap on the availability of 108 loans.
Commissioner Plummer: OK.
151 October 14, 1997
•
Mr. Nachlinger: This is a different program. The CD float loans just allows us to pull the
monies that we otherwise would be receiving earlier from our CD program and we will turn it
around and loan it to this project.
Mayor Carollo: OK, there is a motion, there is a second. Can you call the roll on this please?
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-731
A RESOLUTION (Pending the Law Department.)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mayor Carollo: Thank you.
Mr. Yaffa: Thank you all, very much.
Mayor Carollo: Sure, thank you.
152 October 14, 1997
•
----------------------------------------------------------------------------------------------------------------
52. AUTHORIZE ACCEPTANCE OF STATE GRANT FUNDS TO REMOVE
DERELICT VESSELS.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Does anyone want to take up any appointments right now out of the ones they
have to make?
Vice Mayor Regalado: I have a pocket item, Mr. Mayor.
Mayor Carollo: OK, go ahead, Commissioner.
Commissioner Gort: Move it.
Vice Mayor Regalado: It's about some state funds to clean the...
Mayor Carollo: That's fine. Go ahead and...
Vice Mayor Regalado: All right.
Mayor Carollo: There is a motion, there is a second. All those in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes.
Commissioner Plummer: What was? I am sorry.
Commissioner Gort: You voted "yes."
Commissioner Plummer: I did not vote "yes." What was the subject?
Mayor Carollo: I didn't say unanimously.
Commissioner Plummer: Oh, OK.
Mayor Carollo: This is to accept revenues from... to remove derelict vessels from the Miami
River and...
Commissioner Plummer: That's great.
Mayor Carollo: ... and Biscayne Bay.
Commissioner Plummer: That's great.
Mayor Carollo: Not mobile homes, just vessels.
Commissioner Plummer: Watch your language. God forbid.
153 October 14, 1997
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 97-732
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT
STATE GRANT FUNDS TO REMOVE DERELICT VESSELS FROM THE MIAMI
RIVER AND BISCAYNE BAY.
Upon being seconded by Vice Mayor Regalado, the motion was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
53. BRIEF DISCUSSION REGARDING OUT -OF SERVICE STREET LIGHTS IN
CITY.
Commissioner Plummer: I have two, three items that I would like to discuss. It's not pocket
items. And, I am still waiting, Mr. Manager, for answers. Number one, I have asked on three
different occasions about street lighting. I have no answers of why street lightings is not being
addressed. Street lights are off all over this town. We are a five million dollar ($5,000,000)
account with Florida Power and Light. They do not have a single, one person that is addressing
that issue. I am waiting for an answer. I got a memo back about four lights, OK. There are
4,000 ain't working. Now, instead of one in Bay Heights that is on 24 hours a day, there are two
in Bay Heights that are on 24 hours a day and have been for months. I would really appreciate
an answer.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
54. BRIEF DISCUSSION REGARDING STATUS UPDATE ON POTENTIAL
LAWSUIT AGAINST DELOITTE & TOUCHE.
Commissioner Plummer: Number two. Where do we standing with suing the auditors that we
are paying all this money to Mr. Tew? I have heard nothing, except this is coming up shortly.
People are saying we are trying to hide something. That we were big in talk and bold in barking
and we were going to sue the auditors and nobody has heard nothing. When?
154 October 14, 1997
Mr. Edward Marquez (City Manager): We will be updating the Commissioners individually this
week.
Commissioner Plummer: OK.
----------------------------------------------------------------------------------------------------------------
55. BRIEF DISCUSSION REGARDING ADMINISTRATION'S REPORT ON OFF
STREET PARKING DEPARTMENT.
Commissioner Plummer: The next item that I have is in tact, Oft -Street Parking. We are talking
Off -Street Parking, "yes," "no," indifferent, buy, don't buy. Why? Where? What's happening?
There was a proposal made to the City, no response.
Mr. Marquez: We are evaluating our options in that regard.
Commissioner Plummer: And, how long before we are going to have a definite answer on that?
Mr. Marquez: I would say in about another month.
Commissioner Plummer: OK, I will hold you to that.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
56. BRIEF COMMENTS REGARDING PERMIT NEEDED BY PERUVIAN
EMBASSY REPRESENTATIVES FOR ANNUAL MARCH.
Commissioner Plummer: The final thing I have is, did the Peruvian March on Sunday, contact
you. They only need your signature to have their annual march. They have to have it.
Vice Mayor Regalado: Yes, they did. They were in your office this afternoon. Like J.L., said,
they only need to have your signature to they can have the permit...
Commissioner Plummer: They are going to pay for all of the expenses...
Vice Mayor Regalado: ... so they can march.
Commissioner Plummer: ... but it has been on your desk supposedly for a week.
Vice Mayor Regalado: It's Sunday, it's Sunday. This coming Sunday.
Commissioner Plummer: This Sunday, yeah.
Mr. Marquez: I signed the permit today, the Police Chief had brought it over.
Commissioner Plummer: Thank you, sir.
155 October 14, 1997
158 October 14, 1997
END OF DISCUSSION -- NO ACTION TAKEN
-------------------------- -------------------------------------------------------------------------------------
57. APPOINT ANN LEVENSON TO CODE ENFORCEMENT BOARD.
Mayor Carollo: Does anybody need to make any appointments right now?
Commissioner Plummer: No, sir. Not I.
Mayor Carollo: OK, I would just like to name Ann Levenson on item 47 as my nominee to the
Code Enforcement Board.
Vice Mayor Regalado: Yes.
Mayor Carollo: Moved by Vice Mayor Regalado.
Commissioner Plummer: Move that we accept the number preferred by Carollo.
Mayor Carollo: Second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-733
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS A
REGULAR MEMBER AND AS AN ALTERNATE MEMBER OF THE CODE
ENFORCEMENT 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 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.
156 October 14, 1997
r�
E
----------------------------------------------------------------------------------------------------------------
58. (A) AUTHORIZE $6,000 PAYMENT TO U.S.POSTAL SERVICE -- FOR
MASS MAILING OF NOTICES TO CITY VOTERS FOR
NOVEMBER 5, 1997 MUNICIPAL ELECTIONS -- ALLOCATE
FUNDS FROM ACCT. CODE 921102-534.
(B) DISCUSS NEED TO DISSEMINATE PRECINCT CHANGES --
FURTHER ADDRESS NEED TO ENCOURAGE CITIZENS TO
VOTE.
Commissioner Plummer: Mr. Mayor, there is a lot more boards that appointments to be made
thank what's on the agenda here today.
Mayor Carollo: It's just... Well...
Commissioner Gort: A lot of them has been made already.
Mr. Walter J. Foeman (City Clerk): That's true, Commissioner. But, we limited the agenda
limitation.
Commissioner Plummer: Excuse me, Mr. Gort. No appointments have been made on the
Bayfront Park, OK. So, we will take it from there.
Mayor Carollo: OK, is there any thing else that needs to come before this body?
Commissioner Gibson: Yes, I have a pocket, I guess, for the City Clerk. Resolution 97-447,
regarding the election on November the 4th. They need an additional six thousand dollars
($6,000) for postal service, a mass mailing of notices to the City of Miami voters of the election
precincts that are split.
Commissioner Plummer: Take it out of his budget.
Commissioner Gort: Move it.
Commissioner Plummer: Walter, I can ask this question where the other can... Call the roll.
157 October 14, 1997
•
The following resolution was introduced by Commissioner Gibson, who moved its adoption:
RESOLUTION NO. 97-734
A RESOLUTION RELATING TO IMPLEMENTATION OF CHARTER
AMENDMENT NO. 1; AUTHORIZING THE CITY MANAGER TO PAY AN
AMOUNT NOT TO EXCEED SIX THOUSAND DOLLARS ($6,000) TO THE U.S
POSTAL SERVICE, FOR MASS MAILING OF NOTICES TO CITY OF MIAMI
VOTERS OF ELECTION PRECINCTS SPLIT BY THEIR NEW CITY COMMISSION
DISTRICT DESIGNATION; AND ALLOCATING FUNDS IN AN AMOUNT NOT TO
EXCEED SAID AMOUNT FROM ACCOUNT CODE NO. 921102-534.
(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.
Commissioner Plummer: Let me ask a question some others at this table can't ask. I am getting
a lot of questions about upcoming elections. Not the candidates, and I am not .speaking to the
candidates. But, for example people have suddenly realized that to live in Commissioner
Regalado's district and mine, that they are going to be going to the poles to vote for one office. I
think there is some misconception. You know, people are out there... Actually, I felt good
people wanted to contribute to my campaign and I am not even running. But, I think there is
confusion.
Commissioner Gort: Send them over. [phonetic]
Commissioner Plummer: I think that also, the precincts, are they being changed?
Mr. Walter J. Foeman (City Clerk): No, the precincts aren't being changed. There are about 21
split precincts and notice has gone out to those...
Commissioner Plummer: OK, so the people... Let's assume. The people in Willy's district,
whatever that number is, so I don't cause a problem, are all of those people still voting in the
same precinct that they voted before?
Mr. Foeman: Well, we will have to look on the list to see which ones were in fact split. The
ones that were split...
Commissioner Plummer: Are the people who have been split, been notified?
Mr. Foeman: That's what we voted on today, the mass mailing.
158 October 14, 1997
Vice Mayor Reinaldo: What J.L., means, if they are going to vote in the same place, and they
are. Precincts have not been moved.
Commissioner Plummer: Ah, that's not what...
Vice Mayor Regalado: They have been split and when they say split, it means that what the
County is going to do, the Elections Department, is they are going to have two sets of machines,
you see.
Commissioner Gort: Probably... Probably... (inaudible).
Commissioner Plummer: OK, I mean, all I am saying...
Vice Mayor Regalado: But, not to worry because no polling place has been liked moved. Like,
the people that voted in your district and in my district, they are voting in the same place.
They're just split.
Commissioner Plummer: OK. All right. Some people have been calling and I don't know the
answers. That's one of the reasons I wanted to get the answers. It doesn't affect you and I and
that's why we can ask the questions and try for clarification.
Commissioner Gort: Mr. Vice Mayor.
Mr. Foeman: OK, we have a list of Dade County of all the split precincts and they have
identified those. There are 21 split precincts and what they have done is, they created groupings.
Like a group A and a group B. So, within a given precinct location, those splits, it will have an
"A" grouping whereby "X" number of voters will vote in district number "X" and, then, "X"
number of voters will vote in district number "Y."
Commissioner Plummer: My final question. Are we doing anything?
Commissioner Gort: You promise?
Commissioner Plummer: I am sorry.
Commissioner Gort: You promise?
Commissioner Plummer: Drop dead. Are we doing anything in encouraging the people to go
out and vote from the City standpoint, remembering that this is an off year and, in fact, it's the
day after a holiday?
Mayor Carollo: I make a motion that we assign Commissioner Plummer that task, the same one
that he did the last time around.
Commissioner Plummer: Mr. Carollo, I will accept that and your resignation at the same time.
Mayor Carollo: No, no, no. You did a good job last time. I'm trying to compliment you and
you are taking it wrong.
Commissioner Plummer: OK, what I am saying is...
Commissioner Gort: I would like to give you a suggestion that...
159 October 14, 1997
Mayor Carollo: The fund raising one is the one that you were a little behind, but...
Commissioner Plummer: Right on, yes.
Mr. Foeman: I am bound by the legal requirements to give notice the fifth week, the third week
and the...
Commissioner Plummer: Other than an ad in the paper.
Mr. Foeman: Yeah. I personally haven't done anything other than the legal requirement.
Commissioner Plummer: Well, we have Cable 9.
Commissioner Gort: That's what I was trying to say.
Commissioner Plummer: And, I was thinking that we should, Mr. Regalado, that you are
basically now the Mayor domo there, I think that we should have something on Cable 9,
reminding the people to go out and go vote.
Vice Mayor Regalado: We will. We will, Commissioner.
Mayor Carollo: Well...
Commissioner Go rt: Also, I think you should point out the different districts, and who is going
to vote and so on.
Mayor Carollo: Yeah.
Vice Mayor Regalado: Yeah, and the boundaries of the district.
Commissioner Plummer: Yeah.
Mayor Carollo: Well, that could be done easily. There is plenty of time to do it in.
Vice Mayor Regalado: Yes, we can do that.
----------------------------------------------------------------------------------------------------------------
59. APPOINT GRADY MOHAMED TO SERVE ON CITYWIDE COMMUNITY
DEVELOPMENT ADVISORY BOARD.
Mayor Carollo: On item 48, if I could nominate Grady Mohamed as one of my two
appointments.
Commissioner Plummer: Move the name proferred be accepted.
Vice Mayor Regalado: Second.
Mayor Carollo: All in favor signify by saying "aye."
The Commission (Collectively): Aye.
160 October 14, 1997
•
0
The following resolution was introduced by Mayor Carollo, who moved its adoption:
RESOLUTION NO. 97-735
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 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.
----------------------------------------------------------------------------------------------------------------
60. AUTHORIZE FUNDING FOR HAVING UNDERSTANDING GUIDANCE &
SUPPORT (HUGS) PROJECT -- ALLOCATE $35,000 FROM LAW
ENFORCEMENT TRUST FUND.
Vice Mayor Regalado: Mr. Mayor, I have...
Commissioner Gibson: I have...
Vice Mayor Regalado: Oh, go ahead, Thelma.
Commissioner Gibson: Well, I found this, and I don't know if they voted on this, on HUGS?
Commissioner Plummer: On HUGS?
Mayor Carollo: No, wait. Wow, wow, wow. No.
Commissioner Gibson: The police thing that's thirty-five thousand dollars ($35,000) asking
input from the Manager.
Mayor Carollo: No, I am glad you said... Why don't you bring up the motion, Commissioner?
Yeah, that's one that was past...
Commissioner Gibson: Well, somebody has it.
Mayor Carollo: Yes, we have it, yes.
161 October 14, 1997
Commissioner Gibson: It has been crossed out.
Mayor Carollo: Yeah. There is a motion, there is second...
Commissioner Gibson: I move resolution...
Mayor Carollo: ... by Commissioner Gort.
Commissioner Plummer: How much...?
Mayor Carollo: All in favor signify by saying "aye."
Commissioner Plummer: How much money?
Mayor Carollo: Excuse me.
Commissioner Gibson: Well, it's authorizing thirty-five thousand dollars ($35,000) and not to
exceed thirty-five thousand.
Commissioner Gort: [inaudible]
Commissioner Gibson: Huh?
Mayor Carollo: Yeah.
Commissioner Plummer: HUGS.
Police Capt. Longueira: Yes, sir. HUGS, lots of 'em.
Mayor Carollo: It has to do with a lot of young kids.
Police Capt. Longueira: This is a program...
Commissioner Plummer: I hope that's the case.
Police Capt. Longueira: This is a program sponsored by the AACCC (African -American
Council of Christian Clergy) and we have worked with them before, and we feel that they have
the ability to reach out into the community.
Mayor Carollo: All in favor signify by saying "aye."
The Commission (Collectively): Aye.
162 October 14, 1997
The following resolution was introduced by Commissioner Gibson, who moved its adoption:
RESOLUTION NO. 97-736
A RESOLUTION AUTHORIZING FUNDING, IN AN AMOUNT NOT TO EXCEED
$35,000.00, FOR THE HAVING UNDERSTANDING GUIDANCE & SUPPORT
(H.U.G.S.) PROJECT AND ALLOCATING SAID FUNDS THEREFOR, FORM THE
LAW ENFORCEMENT TRUST FUND, PROJECT NO. 690003, SAID
EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS
BEING IN COMPLIANCE WITH THE U.S. DEPARTMENT OF TREASURY'S
"GUIDE TO EQUITABLE SHARING."
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Thelma V. A. Gibson
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
------------------------------------------- --------------------------------------------------------------------
61. REFER TO MIAMI STREET CODESIGNATION COMMITTEE PROPOSAL
TO RENAME N.W. 12 STREET MOISES LIBER.
Vice Mayor Regalado: Mr. Mayor, I have a... The other pocket item was... that I was doing a
favor for sort of the administration, but this is a pocket item regarding a street naming and it's
one block Northwest 12th Avenue between Flagler and Northwest 1st Street. Naming this street,
Moises Liber.
Commissioner Plummer: Who?
Commissioner Gort: Yeah. The founder of CAC (Chinicas Asociacion Cubana).
Commissioner Plummer: Huh?
Commissioner Gort: The founder of CAC.
Vice Mayor Regalado: Mr. Moises Liber was a prominent founder of one of the most popular
HMO's (Health Management Organization).
Commissioner Plummer: Is he dead?
163 October 14, 1997
•
Commissioner Gort: Yes.
Vice Mayor Regalado: Yeah, he's dead. Of course, he is very dead.
Commissioner Plummer: OK. I just want to make sure that we are going to... not be doing in
live ones.
Vice Mayor Regalado: Mr. Liber, in 19... Here is the story, so I present it.
Commissioner Gort: Move it. It's got to the Street Codesignation. It's got to go to the ...
Commissioner Plummer: Tomas, wasn't it the CAC on the Southwest, not the Northwest?
Vice Mayor Regalado: But, the problem is that the Southwest is called Ronald Reagan
Boulevard.
Commissioner Plummer: He will never remember if we change it.
Vice Mayor Regalado: He doesn't remember now. God bless him, but... Since, this is why the
family...
Commissioner Plummer: That's been reowned, right?
Commissioner Gort: It's the associates...
Commissioner Plummer: Yeah.
Commissioner Gort: Along with this guy. [Phonetic].
Vice Mayor Regalado: ... would like to see Northwest 12th from Flagler to 1st. So, this is my
motion.
Commissioner Gort: Second.
Commissioner Plummer: Move that it be sent to the usual procedure to the memorial committee.
Vice Mayor Regalado: Thank you. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Vice Mayor Regalado, who moved its adoption:
MOTION NO. 97-737
A MOTION REFERRING TO THE MIAMI STREET CODESIGNATION
COMMITTEE PROPOSAL TO NAME N.W. 12 AVENUE BETWEEN FLAGLER
STREET AND N.W. 2 STREET IN HONOR OF MR. MOISES LIBER, AN
HONORABLE AND HARD-WORKING INDIVIDUAL WHO HAS MADE A
TREMENDOUS IMPACT ON HIS COMMUNITY.
164 October 14, 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.
----------------------------------------------------------------------------------------------------------------
62. BRIEF COMMENTS COMMENDING THE FLORIDA MARLINS FOR
REACHING WORLD SERIES.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Hey, guys...
Commissioner Gort: [Inaudible]
Commissioner Plummer: No. Shouldn't... You know, you are a bunch of...
Commissioner Gort: You promised you are not going to...
Commissioner Plummer: Listen to me and shut up. We haven't said one damn word here today,
how proud we are of the Marlins. [APPLAUSE] And, we have not, in fact, said that we wish
them in their concluding game tonight...
Commissioner Gort: To win.
Commissioner Plummer: ...if you read between those lines, that they have brought great pride to
this community. And, I want... Whether you guys want to do anything, I want to wish them well,
and hope that they ended up tonight, thank God. So be it.
Commissioner Gort: Make a motion for them to win tonight.
Commissioner Gibson: I have some...
Commissioner Plummer: I make a motion.
Commissioner Gibson: I have some...
Commissioner Gort: That they win tonight.
Mayor Carollo: There is a motion...
END OF DISCUSSION -- NO ACTION TAKEN
165 October 14, 1997
----------------------------------------------------------------------------------------------------------------
63. BRIEF COMMENTS REGARDING REOPENING CEREMONY OF
MELREESE GOLF COURSE.
----------------------------------------------------------------------------------------------------------------
Commissioner Gibson: I am interested in the golf opening tomorrow. Do we...? Are we getting
invited to that?
Commissioner Plummer: To what?
Commissioner Gort: To what?
Mayor Carollo: To what?
Commissioner Gibson: The Gulf Reese... The Gulf... Reese Gulf course is opening tomorrow,
officially.
Commissioner Gort: I didn't know that.
Commissioner Plummer: I don't know anything about it.
Mayor Carollo: I don't either.
Commissioner Plummer: I don't play golf.
Mayor Carollo: I, either.
Commissioner Gibson: I don't either.
Commissioner Plummer: No, he just smokes.
Commissioner Gort: You mean they are having an opening tomorrow, we haven't been...
Mayor Carollo: One last item that we do need to vote upon.
Commissioner Plummer: Are you telling me, there is an official opening of that tomorrow and
we don't know about it? Excuse me, I am not inquiring to be invited to a party. I would like to
know, as a Commissioner, that the project is finished and completed. If nothing more, I think we
should, as a matter of courtesy been notified that after all of the delays we have heard, and all of
the over budget that, we as Commissioners would not be notified the project is finished. I don't
need one more party.
Commissioner Gibson: It may not be true, I just have two calls about it. And, two people said
they...
Mayor Carollo: Well...
Commissioner Gibson: ... were going tomorrow to the opening.
Mr. Aaron Weeks (Chief-of-Staft): Commissioner, we were notified on Friday that they were
going to have a pre -Grand opening event on tomorrow. The golf course is not officially opened.
166 October 14, 1997
Commissioner Plummer: Is that like the tickets for the Heat for last Saturday that you didn't
deliver, you were going to throw away? Is that similar to that? Thank you.
Mr. Weeks: Similar.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
64. RESCHEDULE PLANNING AND ZONING PORTION OF NOVEMBER 25,
1997 AND DECEMBER 9, 1997 MEETINGS TO BEGIN AT 2 P.M.
Mayor Carollo: If I could bring something that we do need to vote upon. We need time for the
Planning and Zoning Board meetings of November and December. Any particular time?
Commissioner Plummer: Well, that's... Mr. Mayor, that's always been traditionally, two
o'cicok.
Mayor Carollo: Well, we still have to pick a time. 2 p.m., then. Is there a motion?
Commissioner Gort: Move it.
Mayor Carollo: There is a motion.
Commissioner Plummer: Don't mean that we are going to do it, but...
Mayor Carollo: 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. 97-738
A MOTION DIRECTING THE CITY MANAGER TO SCHEDULE THE SECOND
REGULAR COMMISSION MEETINGS OF THE MONTH IN CONNECTION WITH
PLANNING AND ZONING ON NOVEMBER 25 AND DECEMBER 9, 1997 TO
COMMENCE AT 2 P.M.
167 October 14, 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.
Unidentified Speaker: Thank you.
----------------------------------------------------------------------------------------------------------------
65. BRIEF COMMENTS REGARDING THE FLORIDA MARLINS RETURNING
TO PLAY IN MIAMI.
Mayor Carollo: Fred, did you have something that you needed to bring?
Mr. Frank Jacobs: Yes. Mr. Mayor and Commissioners, the next thing that I would like to hope
that maybe you would work on, is bring the Marlins back down to Miami on the Miami River in
the new arena.
Mayor Carollo: Well, we are working on that.
Mr. Jacobs: A new stadium. A new stadium.
Mayor Carollo: Maybe, not necessarily in that location, but...
Mr. Jacobs: Yeah, but, somewhere down here and let's change the name back to Miami Marlins.
Mayor Carollo: ... we are working on that. And, there has been more than one meeting on that.
Mr. Jacobs: We would like to hear it. Thank you.
Mayor Carollo: Thank you, Fred.
Commissioner Plummer: Are we adjourned?
Commissioner Gort: We are adjourned.
Mayor Carollo: Move to adjourn. This meeting is adjourned. Thank you.
Commissioner Plummer: Always in order.
168 October 14, 1997
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 5:31 P.M.
JOE CAROLLO
MAYOR
ATTEST:
Walter Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
169 October 14, 1997