HomeMy WebLinkAboutCC 1997-11-26 MinutesCITY OF MIAM
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OF METING HELD ON UOVEMBER 26, 1991
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PREPARE® BY THE OFFICE OF THE CITY CLERK
CITY HALL
WALTER J. FOEMAN
CITY CLERK
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INDEX
MINUTES OF REGULAR MEETING
November 26, 1997
ITEM
SUBJECT
LEGISLATION
PAGE
NO.
NO.
1.
(A) CONTINUE REGULARLY SCHEDULED
M 97-787
1-3
COMMISSION MEETING OF NOVEMBER 25,
M 97-788
1997 TO 2:00 P.M. -- TO ATTEND JORGE MAS
11/26/97
CANOSA FUNERAL.
(B) CONTINUE REGULAR AND PLANNING
AND ZONING MEETINGS OF NOVEMBER 25,
1997 TO NOVEMBER 26, 1997, AT 10:00 A.M.
2.
INSTRUCTIONS TO CHANGE MEETING
DISCUSSION
3-4
PLACE OF WAGES BOARD CONSORTIUM
11/26/97
MEETING OF NOVEMBER 25, 1997, TO
COMMISSIONER PLUMMER'S OFFICE.
3.
PROCLAMATION.
DISCUSSION
4-5
11/26/97
4. CONSENT AGENDA. DISCUSSION 5-7
11/26/97
4.1. APPROVE CHAIR PURCHASES FROM CORE R 97-789 7
CONCEPTS, INC. -- FOR POLICE -- 11/26/97
ALLOCATE $411,651.62 FROM ACCT. CODE
196002.29046.6.850.
4.2. APPROVE ANNUAL PURCHASE OF R 97-790 8
ASPHALTIC CONCRETE FROM EXISTING 11/26/97
DADE COUNTY CONTRACT -- FOR PUBLIC
WORKS -- ALLOCATE $22,000 FROM ACCT.
CODE 310501-750.
4.3. ACCEPT BID: GE CAPITAL ITS -- FOR R 97-791 8
FURNISHING OF LAPTOP COMPUTERS AND 11/26/97
RELATED EQUIPMENT --FOR POLICE --
ALLOCATE $54,885.80 FROM ACCT.
148002.290606.6.840.
4.4. ACCEPT BID: RESOL, INC. -- FOR WATSON R 97-792 9
ISLAND WATER MAIN PROJECT (SECOND 11/26/97
BIDDING) H-1.090 -- ALLOCATE $254,370
FROM CIP PROJECTS 311808AND 311806.
4.5. ACCEPT BID: BENNETT ELECTRIC SERVICE R 97-793
COMPANY, INC. -- FOR LEGION PARK 11/26/97
BUILDING FIRE ALARM SYSTEM
MODIFICATIONS (SECOND BIDDING) --
ALLOCATE $16,826.37 FROM CIP PROJECT
331312.
4.6. ACCEPT BID: AMERICAN CONTRACTING, R 97-794
INC. -- FOR LEGION PARK BUILDING 11/26/97
INTERIOR PAINTING PROJECT B-6280 --
ALLOCATE $11,971.78 FROM CIP PROJECT
331312.
4.7. AUTHORIZE FUNDING FOR DARE R 97-795
PROGRAM -- ALLOCATE $25,000 FROM LETF 11/26/97
PROJECT 690003.
4.8. ACCEPT $50,000 GRANT FROM NATIONAL
R 97-796
OCEANIC AND ATMOSPHERIC
11/26/97
ADMINISTRATION -- FOR RIVERSIDE
DISTRICT PUBLIC ACCESS AND RENEWAL
PLAN.
4.9. AUTHORIZE AGREEMENT BETWEEN CITY
R 97-797
AND UP THE RIVER, INC. -- FOR
11/26/97
EDUCATIONAL PROGRAMS RELATED TO
MIAMI RIVER -- ALLOCATE $25,000 FROM
SPECIAL REVENUE FUND ACCT 310504-930,
PROJECT 120001.
4.10. ALLOCATE $14,000 FROM COMMUNITY R 97-798
DEVELOPMENT BLOCK GRANT FUNDS 11/26/97
PROJECT 799613 -- FOR BUSINESS
REHABILITATION IN EDISON/LITTLE RIVER
TARG ET AR EA.
4.11. ACCEPT LANDY JACOBS AND ASSOCIATES R 97-799
AND BARRETT AND ASSOCIATES AS MOST 11/26/97
QUALIFIED FIRMS TO ADMINISTER POLICE
CAPTAIN AND SERGEANT PROMOTIONAL
EXAMINATION PROCESSES -- ALLOCATE
$110,000 FROM POLICE GENERAL BUDGET
ACCT. CODE 001000,290201.6.270.
4.12. REALLOCATE $50,000 OF COMMUNITY
R 97-800
DEVELOPMENT BLOCK GRANT FUNDS --
11/26/97
FOR STREETSCAPE PLAN AND DESIGN
GUIDELINES FOR MIAMI DESIGN DISTRICT
AND LITTLE HAITI N.E. 2ND AVENUE
CORRIDOR.
4.13. CODESIGNATE N.W. 28 STREET FROM N.W.
R 97-801
22 AVENUE TO N.W. 27 AVENUE AS CARLOS
11/26/97
M. QUINCOSES WAY.
10
10
11
11
12
12
13
13
4.14.
AUTHORIZE REVOCABLE LICENSE
R 97-802 14
AGREEMENT WITH DADE HERITAGE TRUST,
11/26/97
INC -- FOR USE OF DR. JAMES M. JACKSON
HOUSE AT 190 S.E. 12 TERRACE -- FOR
$1.00 ANNUAL FEE -- FOR CONTINUED
HISTORIC PRESERVATION OF LANDMARK
TO BE USED AS MUSEUM.
4.15.
ESTABLISH SPECIAL CHARGES / TERMS
R 97-803 14
CONDITIONS -- FOR USE OF ORANGE BOWL
11/26/97
STADIUM BY 1NTERFOREVER SPORTS,
INC. -- FOR GOLD CUP SOCCER
TOURNAMENT SCHEDULED FOR
FEBRUARY, 1998.
4.16.
CONFIRM ELECTION OF INDIVIDUALS TO
R 97-804 15
SERVE ON CITYWIDE COMMUNITY
11/26/97
DEVELOPMENT ADVISORY BOARD (Iris
Cuevas, Frankie Shannon Rolle, Eleanor Kluger,
Fred St. Amand, Sigfredo Delagdo, Balaam
Welcome and Dorothy Quintana).
4.17.
ALLOCATE $18,000 FROM HEARING
R 97-805 15
BOARDS ACCT CODE 820101 -- FOR
11/26/97
COMPENSATION TO SPECIAL COUNSEL OF
CODE ENFORCEMENT BOARD.
4.18.
ALLOCATE $18,000 FROM CIVIL SERVICE
R 97-806 15
OFFICE ACCT CODE 240101-250 -- FOR
11/26/97
COMPENSATION TO SPECIAL COUNSEL OF
CIVIL SERVICE BOARD.
4.19.
ALLOCATE $18,000 FROM SPECIAL
R 97-807 16
PROGRAMS AND ACCOUNTS NO. 921103 --
11/26/97
FOR COMPENSATION TO SPECIAL
COUNSEL TO NUISANCE ABATEMENT
v
BOARD.
4.20.
ACCEPT PROPOSAL FROM SELECTRON,
R 97-808 16
INC -- FOR INTERACTIVE VOICE RESPONSE
11/26/97
SYSTEM -- FOR BUILDING AND ZONING --
ALLOCATE $95,000 FORM ACCTS 560302-840
AND 560302-996, PROJECT 421001.
5.
PRESENT $96,094.96 CHECK FROM SOUTH
DISCUSSION 16-18
FLORIDA REGIONAL COUNCIL TO CITY --
11/26/97
FOR EXPANSION OF FLEET OF
ALTERNATIVE FUEL VEHICLES -- FOR
PURCHASE OF SIX ELECTRICAL TRUCKS.
6.
BRIEFLY DISCUSS / TABLE TO AFTER 2:00
DISCUSSION 18-20
P.M. DISCUSSION OF AGENDA ITEM PZ-9
11/26/97
(PROPOSED SECOND READING
ORDINANCE TO AMEND ZONING
ORDINANCE REGARDING PARKING IN
COCONUT GROVE CENTRAL COMMERCIAL
DISTRICT).
11
7.
DISCUSS / DEFER CONSIDERATION OF CITY
M 97-809
20-24
ATTORNEY APPOINTMENI� -- FURTHER
11/26/97
APPOINT COMMISSIONERS GORT AND
HERNANDEZ TO COMMITTEE OF TWO TO
REVIEW OPTIONS TO EVALUATE A. QUINN
JONES.
8.
REAPPOINT WALTER J. FOEMAN AS CITY
R 97-810
24-25
CLERK.
11/26/97
9.
(A) RATIFY / APPROVE / CONFIRM MAYOR
M 97-811
26-39
SUAREZ' APPOINTMENT OF DONALD H.
M 97-811.1
WARSHAW AS CITY MANAGER NUNC PRO
M 97-812
TUNC -- FROM NOVEMBER 16, 1997 TO
11/26/97
NOVEMBER 19, 1997.
(B) RATIFY / APPROVE / CONFIRM MAYOR
SUAREZ' APPOINTMENT OF ALBERTO
RUDER AS CITY MANAGER.
10.
PERSONAL APPEARANCE: CAROL
R 97-813
40-41
ROMINE -- GRANT REQUEST FOR SALE OF
11/26/97
ALCOHOLIC BEVERAGES FOR NATIONS
BANK COCONUT GROVE ARTS FESTIVAL --
SCHEDULED FOR FEBRUARY 14-16, 1998.
11.
EMERGENCY ORDINANCE: AMEND 11395,
ORDINANCE
41-45
"VICTIMS OF CRIME ACT" -- ACCEPT GRANT
11572
FROM STATE ATTORNEY GENERAL'S
11/26/97
OFFICE -- INCREASE APPROPRIATIONS BY
$7,980.08.
12.
SECOND READING ORDINANCE: AMEND
ORDINANCE
46-47
CHAPTER 46 OF CODE, "PUBLIC
11573
NUISANCES" -- TO AMEND DEFINITION OF
11/26/97
OPERATOR AND SUBSTANTIATED INCIDENT
TERMS -- CHANGE REQUIREMENTS FOR
NOTICE PROCEDURES.
13.
FIRST READING ORDINANCE: AMEND
ORDINANCE
47-48
SECTION 40-245 OF CODE -- PROVIDE FOR
FIRST
INVESTMENTS TO BE MADE IN ASSET
READING
BACKED SECURITIES FOR MEMBERS OF
11/26/97
GENERAL EMPLOYEES" AND SANITATION
EMPLOYERS' RETIREMENT TRUST.
14.
FIRST READING ORDINANCE: ESTABLISH
ORDINANCE
48-49
NEW SPECIAL REVENUE FUND "FEMA /
FIRST
USAR GRANT AWARD (FY '96-97) -- ACCEPT
READING
GRANT FROM FEDERAL MANAGEMENT
11/26/97
AGENCY -- FOR EQUIPMENT / TRAINING /
MANAGEMENT / ADMINISTRATION OF TASK
FORCE AFFAIRS.
11
15.
FIRST READING ORDINANCE: ESTABLISH
ORDINANCE 49-50
NEW REVENUE FUND "ALTERNATIVE FUEL
FIRST
VEHICLE GRANT PROGRAM" -- ACCEPT
READING
$96,095 GRANT FROM SOUTH FLORIDA
11/26/97
REGIONAL PLANNING COUNCIL.
16.
FIRST READING ORDINANCE: AMEND
ORDINANCE 50-52
CHAPTER 42, ARTICLE VI, SECTIONS 42-82
FIRST
THROUGH 42-85 OF CODE, "VEHICLE
READING
IMPOUNDMENT" -- SET FORCE NEW
11/26/97
PROCEDURES.
17.
INCREASE COMPENSATION UNDER
R 97-814 52-53
CONTRACT BETWEEN CITY AND LAW
11/26/97
ENFORCEMENT PSYCHOLOGICAL AND
COUNSELLING ASSOCIATES, INC -- FOR
PROVISION OF PRE -EMPLOYMENT
SCREENING AND PSYCHOLOGICAL
COUNSELLING SERVICES -- FOR POLICE
DEPARTMENT -- ALLOCATE $104,050 FROM
ACCT CODES 001000.290201.6.270 AND
001000.290201.6.2600.
18.
DEFER CONSIDERATION OF FINDINGS OF
M 97-815 54-55
SELECTION COMMITTEE FOR
11/26/97
BROWNFIELDS REDEVELOPMENT
PROJECT'S ENGINEERING SERVICES.
19.
(A) APPROVE SALE OF 6.568 ACRES OF
M 97-816 55-64
REAL PROPERTY LOCATED AT 1155 N.W. 11
R 97-817
STREET (MUNICIPAL JUSTICE BUILDING) TO
11/26/97
WINN-DIXIE STORES, INC.
(B) INCLUDE FIRST SOURCE HIRING
AGREEMENT WITH WINN-DIXIE STORES
FOR PROPERTY AT 1155 N.W. 11 STREET.
20.
(A) RATIFY / APPROVE / CONFIRM CITY
R 97-818 64-66
MANAGER'S EMERGENCY FINDING -- WAIVE
11/26/97
COMPETITIVE SEALED BIDS -- APPROVE
EMERGENCY REPAIRS TO ROBOTIC SILO
FROM STORAGETEK -- FOR INFORMATION
TECHNOLOGY -- ALLOCATE $19,040.82
FROM ACCT CODE 001000.460101.6.670.
(B) COMMISSIONER PLUMMER REQUESTS
MORE ITEMS TO BE HANDLED THROUGH
CONSENT AGENDA.
21.
ACCEPT $500,000 GRANT AWARD FROM
R 97-819 66-67
STATE OFFICE OF TOURISM, TRADE AND
11/26/97
ECONOMIC DEVELOPMENT -- FOR FUNDING
FOR SOUTH FLORIDA URBAN SEARCH AND
RESCUE TEAM.
22.
BRIEFLY DISCUSS TEMPORARY NEED TO
DISCUSSION 67-69
WAIVE LIMITATION ON NUMBER OF POCKET
11/26/97
ITEMS ALLOWED PER COMMISSIONER.
•
•
23.
COMMENTS BY COMMISSIONER
DISCUSSION 69-70
HERNANDEZ REGARDING DESIGNATION OF
11/26/97
COMMISSIONERS AS CHAIR PERSONS TO
COMMITTEES/BOARDS.
24.
DISCUSS / REFER TO CITY MANAGER ISSUE
M 97-820 71-75
REGARDING IMPLEMENTING PROGRAM TO
11/26/97
ALLOW SWORN POLICE PERSONNEL TO
LIVE IN TRAILERS WITHIN CITY PARKS
RENT-FREE, WITH CONDITIONS -- FOR
DEVELOPMENT OF GUIDELINES -- FURTHER
INSTRUCT MANAGER TO INCLUDE
PROVISION FOR REVOCABLE PERMIT AND
SPECIAL EXCEPTION.
25.
AUTHORIZE SIX MONTH EXTENSION -- FOR
R 97-821 76-80
LATIN AMERICAN GOURMET RESTAURANT
11/26/97
TO OPEN CONCESSION ON LEASED
PROPERTY AT PAUL WALKER PARK AT 46
WEST FLAG LER STREET.
26.
AUTHORIZE SIX MONTH TRIAL PERIOD FOR
M 97-822 80-82
IMPLEMENTATION OF COCONUT GROVE
11/26/97
(CHAMBER OF COMMERCE) VISITORS'
CENTER -- FURTHER DIRECT
ADMINISTRATION TO REPORT AT NEXT
CITY COMMISSION MEETING COST OF
UTILITIES FOR SAID CENTER.
27.
(A) DISCUSS LENGTH OF TERMS OF
DISCUSSION 82-89
BOARDS' APPOINTMENTS.
11/26/97
(B) DISCUSS MIAMI EXHIBITION AND
SPORTS AUTHORITY (MSEA) BOARD'S
PROPSOED CHANGES TO ITS
COMPOSTITION.
28.
CONFIRM CITY INDEPENDENT GROUP
R 97-823 89-90
UNION APPOINTMENT OF LAWRENCE T.
11/26/97
WRIGHT TO MIAMI GENERAL EMPLOYEES'
AND SANITATION EMPLOYEES'
RETIREMENT TRUST (PENSION BOARD).
29.
BRIEFLY DISCUSS / DEFER COMMISSION
DISCUSSION 90-91
AT - LARGE APPOINTMENT TO MIAMI
11/26/97
GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST.
30.
CONFIRM CITY INDEPENDENT GROUP
R 97-824 91-92
UNION APPOINTMENT OF JAMES S.
11/26/97
TURNER, JR. TO MIAMI GENERAL
EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST
(PENSION BOARD).
31.
CONFIRM AMERICAN FEDERATION OF
R 97-825
92-93
STATE, COUNTY AND MUNICIPAL
11/26/97
EMPLOYEES (AFSCME) UNION
APPOINTMENT OF WILLIAM J. RABUN TO
MIAMI GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT
TRUST (PENSION BOARD)
32.
DISCUSS / DEFER CONSIDERATION OF
DISCUSSION
93-94
PROPOSED APPOINTMENT OF RALPH
11/26/97
PACKINGHAM TO MIAMI BAYSIDE MINORITY
FOUNDATION.
33.
APPROVE REQUEST FOR INSTALLATION OF
R 97-826
94-95
IDENTIFICATION SIGN WITHIN PUBLIC
11/26/97
RIGHT-OF-WAY AT NORTHEAST 9 AVENUE
BETWEEN BELLE MEADE ISLAND DRIVE
AND NORTHEAST 76 STREET.
34.
(A) AUTHORIZE AGREEMENT BETWEEN
M 97-827
95-97
CITY AND MIRAMAR APARTMENTS, LTD. --
11/26/97
FOR EIGHT MILLION DOLLAR LOAN IN
COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS -- FOR MIX USE REDEVELOPMENT
PROJECT (RENTAL APARTMENTS).
RB) COMMISSIONER TEELE REQUESTS
EPORT REGARDING ALLOCATIONS OF
CDBG FUNDS PER DISTIRCT.
35.
(A) WAIVE NUMBER OF POCKET ITEMS TO
M 97-82
97-100
BE INTRODUCED PER COMMISSIONER
ORDINANCE
DURING TODAY'S MEETING.
11574
(B) EMERGENCY ORDINANCE: REPEAL
11/26/97
SECTIONS 2-921 AND 2-922 OF CODE --
SUBSTITUTE NEW SECTIONS 2-921
THROUGH 2-930 ESTABLISHING
INTERNATIONAL TRADE BOARD -- FURTHER
SETTING FORTH TERMS / CONDITIONS FOR
SAID BOARD.
36.
AUTHORIZE CONSULTANT AGREEMENT
R 97-829
101-102
WITH JORGE M. CARVALHO -- FOR TRADE
11/26/97
DEVELOPMENT COORDINATOR SERVICES
FOR THE INTERNATIONAL TRADE BOARD --
ALLOCATE $24,150 (FEE).
37.
AUTHORIZE CONSULTANT AGREEMENT
R 97-830
102-103
WITH MANUEL J. GONZALES -- FOR
11/26/97
EXECUTIVE DIRECTOR SERVICES FOR THE
INTERNATIONAL TRADE BOARD --
ALLOCATE $47,250 (FEE).
38.
BRIEFLY DISCUSS TOPICS OF POCKET
DISCUSSION
103-104
ITEMS DURING TODAY'S MEETING.
11/26/97
39.
CONFIRM APPOINTMENT OF ARTHUR
R 97-831
104-105
HERST TO OFF-STREET PARKING BOARD.
11/26/97
•
40. ALLOCATE $50,000 TO DOWNTOWN R 97-832
DEVELOPMENT AUTHORITY -- FOR 11/26/97
BEAUTIFICATION OF DOWNTOWN DURING
HOLIDAY SEASON.
41. DIRECT CITY MANAGER TO IDENTIFY R 97-833
REVENUES FROM OFF-STREET PARKING 11/26/97
FOR LEASING OF MUNICIPAL PARKING
LOTS -- FURTHER INSTRUCT MANAGER TO
REDIRECT REVENUES TO COMMUNITY
REDEVELOPMENT AGENCY AND TO
PREPARE REPORT ON SALE OF CRA LAND
UNDER MIAMI ARENA TO MIAMI SPORTS
AND EXHIBITION AUTHORITY.
42. EMERGENCY ORDINANCE: AMEND DIVISION ORDINANCE
3, SECTION 2-111 OF CODE "SUPERVISION 11575
AND CONTROL OF ATTORNEYS EMPLOYED 11/26/97
BY CITY" -- PROVIDE FOR MAYOR TO
ENGAGE SPECIAL COUNSEL UNDER
CERTAIN CONDITIONS -- SEE LABEL 9B.
43. (A) APPOINT COMMISSIONER ARTHUR M 97-834
TEELE, JR., AS CHAIRMAN OF SOUTHEAST R 97-835
OVERTOWN COMMUNITY REDEVELOPMENT ORDINANCE
AGENCY AND AS A CHAIR OF OMNI FIRST
COMMUNITY REDEVELOPMENT AGENCY. READING
(B) FIRST READING ORDINANCE: REPEAL 11/26/97
11561 -- PROVIDE FOR COMMUNITY
REDEVELOPMENT AGENCY BOARD OF
DIRECTORS TO EMPLOY DIRECTOR OF
SAID CRA -- FURTHER DIRECT CITY
MANAGER TO SHIFT BUDGETARY
APPROPRIATIONS AND SUPPORT STAFF
BACK TO SAID CRA.
44. AMEND R 97-183 -- EXTEND DEADLINE OF R 97-836
YOUTH SERVING ORGANIZATIONS 11/26/97
OPERATING SPORTS PROGRAMS IN CITY
PARKS "TO CONDUCT REQUIRED FUND
RAISING SPECIAL EVENTS -- REQUIRE
ANNUAL FINANCIAL AUDIT.
45. (A) SCHEDULE ATTORNEY -CLIENT SESSION M 97-837
ON DECEMBER 9, 1997 AFTER 9 A.M. FOR M 97-838
POTTINGER V. CITY OF MIAMI CASE 11/26/97
(HOMELESS) PENDING LITIGATION.
(B) BEGIN FUTURE CITY COMMISSION
MEETINGS AT<10 A.M.
105-106
106-108
108-112
112-118
118-120
120-123
9
0
46.
(A) APPROVE HIRING OF RODRIGUEZ,
R 97-839 123-126
TRUEBA & COMPANY, PUBLIC
11/26/97
ACCOUNTANTS (CPA's) FOR CONSULTING,
ACCOUNTING AND OTHER FINANCIAL
SERVICES REGARDING PROPOSED
REVISED FIVE YEAR PLAN -- ALLOCATE
MAXIMUM FEE OF $25,000 FROM MAYOR'S
OFFICE FISCAL YEAR '97-98 BUDGET.
(B) SCHEDULE BUDGET RECONCILIATION
OF CITY ATTORNEY AND CITY CLERK'S
OFFICES FOR 1998 COMMISSION AGENDA.
47.
ALLOCATE $200,000 FROM PROGRAM
R 97-840 126-128
INCOME OF COMMUNITY DEVELOPMENT
11/26/97
BLOCK GRANT FUNDS TO CONTINUE
STREET CLEANING PROGRAM UNDER
INTERIM ASSISTANCE.
48.
DIRECT CITY ATTORNEY AND CITY
DISCUSSION 128-130
MANAGER TO PROVIDE COMMISSIONERS
11/26/97
WITH ALTERNATIVES TO ALLEVIATE
HOMEOWNERS' INSURANCE VERY HIGH
RATES (FEES) TO CITY RESIDENTS --
LOBBY STATE LEGISLATURE.
49.
DISCUSS PROPOSAL FOR EXECUTIVE
DISCUSSION 130-131
MAYOR'S SALARY AND BENEFITS.
11/26/97
50.
EXPRESS CONDOLENCES OF CITY
R 97-841 132-134
COMMISSION TO FAMILY OF CUBAN
11/26/97
LEADER JORGE MAS CANOSA.
51.
CONTINUE CONSIDERATION OF AGENDA
M 97-842 134-136
ITEM PZ-9 (PROPOSED SECOND READING
11/26/97
ORDINANCE: AMEND ZONING ORDINANCE
11000 --- MODIFY SECTION 602.10.4 'OFF-
STREET PARKING" -- INCLUDE PORTION
ADJACENT G/I DISTRICT BOUNDED BY MAIN
HIGHWAY, CHARLES AVENUE AND WILLIAM
AVENUE) TO COMMISSION MEETING OF
JANUARY 27, 1998.
52.
APPROVE OFFICIAL VACATION AND
R 97-843 136-137
CLOSURE OF PUBLIC RIGHT-OF-WAY --
11/26/97
LOCATION: 1695 N.W. 9 AVENUE --
APPLICANT: JACKSON MEMORIAL
HOSPITAL.
53.
APPROVE WITH CONDITIONS REQUEST
R 97-844 137-139
FOR MAJOR USE SPECIAL PERMIT -- FOR
11/26/97
YACHT CLUB AT BRICKELL II -- FOR
RESIDENTIAL DEVELOPMENT OF 355
RESIDENTIAL UNITS AND COMMERCIAL
SPACE -- LOCATION: 1155 BRICKELL BAY
DRIVE (FKA SOUTH BAYSHORE DRIVE)
APPLICANT: NEW YORK LIFE INSURANCE
COMPANY -- SEE LABEL 54.
9
0
54.
DENY APPEAL -- UPHOLD ZONING BOARD
R 97-845
139-147
DECISION TO DENY VARIANCE TO PERMIT
11/26/97
STRUCTURE WITH REAR YARD SETBACK
OF 3'-0" FOR EXISTING ADDITION --
LOCATION: 2615 S.W. 20 STREET --
APPLICANT: OLIVER DE CAMPOAMOR --
SEE LABEL 53.
55.
GRANT APPEAL -- REVERSE ZONING
R 97-846
147-148
BOARD DECISION AND GRANT VARIANCES
11/26/97
TO PERMIT DRIVEWAY WITH SIDE LINE
SETBACK OF 2.5 ' -- LOCATION; 315 S.W. 10
AVENUE -- APPLICANT: FELIPE AND CLARA
BO UZA.
56.
DISCUSS / CONTINUE TO COMMISSION
DISCUSSION
149-159
MEETING OF JANUARY 27, 1998,
11/26/97
CONSIDERATION OF AGENDA ITEM PZ5
(APPEAL OF ZONING BOARD DECISION
GRANTING SPECIAL EXCEPTION TO ALLOW
A TAVERN -- LOCATION: 1673 N.W. 27
AVENUE -- APPLICANT: VIA DEL RIO
RESTAURANT.
57.
GRANT APPEAL OF ZONING BOARD
R 97-847
159-170
DECISION TO DENY VARIANCES TO PERMIT
11/26/97
SIDE YARD SETBACK (WEST) OF 3'1" --
WAIVE ONE OF THREE REQUIRED
OFFSTREET PARKING SPACES FOR
EXISTING SECOND UNIT ADDITION --
LOCATION: 1837 N.W. 33 STREET --
APPLICANT: ANGEL RODRIGUEZ.
58.
SECOND READING ORDINANCE: AMEND
ORDINANCE
170-171
ORDINANCE 10544 FROM DUPLEX
11576
RESIDENTIAL TO RESTRICTED
11/26/97
COMMERCIAL -- CHANGE FUTURE LAND
USE ELEMENT OF COMPREHENSIVE
NEIGHBORHOOD PLAN -- CHANGE LAND
USE DESIGNATION OF PROPERTY AT 2734
S.W. 16 STREET TO RESTRICTED
COMMERCIAL -- APPLICANT: ALFREDO
HIDALGO.
59.
SECOND READING ORDINANCE: AMEND
ORDINANCE
171-172
11000 FROM R-2 TWO-FAMILY RESIDENTIAL
11577
TO C-1 RESTRICTED COMMERCIAL --
11/26/97
CHANGE ZONING ATLAS -- LOCATION: 2734
S.W.16 STREET -- APLICANT: ALFREDO
HIDALGO.
60.
FIRST READING: AMEND ZONING
ORDINANCE
173-175
ORDINANCE 11000 BY DELETING
FIRST
SUBSECTIONS 1104.4 - 1104.4.1 AND
READING
SUBSTITUTING 926.15.2.1 TO ALLOW A
11/26/97
MAXIMUM OF 10 OUTDOOR ADVERTISING
SIGNS (BILLBOARDS).
61.
CONTINUE CONSIDERATION OF PROPOSED
M 97-848
175-177
FIRST READING ORDINANCE TO AMEND
11/26/97
ZONING ORDINANCE 11000 BY ADDING
SECTION "SALES DISPLAY AND SERVICE
ACTIVITIES WITHIN OPEN OR PARTIALLY
OPEN SPACE" -- VENDING CARTS IN
COCONUT GROVE COMMERCIAL DISTRICT.
62.
CONTINUE CONSIDERATION OF PROPOSED
M 97-849
178
FIRST READING ORDINANCE TO AMEND
11/26/97
ZONING ORDINANCE 11000 TO REGULATE
STORAGE OF MAJOR RECREATIONAL
EQUIPMENT (BOATS) IN FRONT YARDS.
63.
FIRST READING ORDINANCE: AMEND
ORDINANCE
179-180
CODE / CREATE NEW CHAPTER "EXTERIOR
FIRST
FACADE CODE" SET STANDARDS FOR
READING
EXTERIOR BUILDING SURFACES.
11/26/97
64.
EMERGENCY ORDINANCE: AMEND
ORDINANCE
180-181
CHAPTER 62 OF CODE, ARTICLE IX,
11578
PERTAINING TO URBAN DEVELOPMENT
11/26/97
REVIEW BOARD -- REDUCE NUMBER OF
MEMBERS REQUIRED FOR QUORUM AND
VOTING -- APPLICANT: PLANNING AND
DEVELOPMENT.
65.
BRIEFLY DISCUSS CODE ENFORCEMENT
DISCUSSION
182
OF VIOLATIONS OF NEWSRACKS
11/26/97
(NEWSPAPER RACKS / VENDING
MACHINES) ORDINANCE -- REQUEST
REMOVAL OF NEWSRACKS OF VIVA AND
EXITO NEWSPAPERS NO LONGER IN
EXISTENCE.
66.
DISCUSSION REGARDING ANY AUTHORITY
DISCUSSION
183-184
OF COMMISSIONERS OVER DISTRICT NET
11/26/97
OFFICES -- FURTHER REQUESTING LIST OF
DISTRICT PROPERTIES IN
NONCOMPLIANCE WITH CITY CODE.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 25th day of November, 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 9:41 a.m. by Presiding Officer/Commissioner
Humberto Hernandez (hereinafter referred to as Chairman Hernandez), with the following
members of the Commission found to be present:
ALSO PRESENT:
ABSENT:
Commissioner Wifredo Gort (District 1)
Commissioner J.L. Plummer, Jr. (District 2)
Chairman Humberto Hernandez (District 3)
Alberto Ruder, City Manager
A. Quinn Jones, III, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
Commissioner Tomas Regalado (District 4)
Commissioner Arthur E. Teele, Jr. (District 5)
An invocation was delivered by Commissioner Gort, who then led those present in a
pledge of allegiance to the flag.
----------------------------------------------------------------------------------------------------------------
1. (A), " CONTINUE REGULARLY SCHEDULED COMMISSION MEETING
OF NOVEMBER 25, 1997 TO 2:00 P.M. -- TO ATTEND JORGE MAS
CANOSA FUNERAL.
(B) CONTINUE REGULAR AND PLANNING AND ZONING MEETINGS
OF NOVEMBER 25, 1997 TO NOVEMBER 26, 1997, AT 10:00 A.M.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Presiding Officer, I make a motion at this time, that this meeting
be deferred until a minimum of 2:00 p.m. this afternoon...
Commissioner Gort: Second.
Commissioner Plummer: ... so that we all may attend the funeral of the very devout leader, Mr.
Jorge Mas.
November 26, 1997
Chairman Hernandez: We have a motion, we have a...
Commissioner Gort: Second.
Chairman Hernandez: ... second. All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against? OK. Meeting is adjourned until two o'clock.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-787
A MOTION TO CONTINUE THE MEETING SCHEDULED FOR NOVEMBER 25,
1997 TO 2 P.M.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Chairman Humberto Hernandez
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur J. Teele, Jr.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 9:43 A.M. AND RECONVENED AT 2:35 P.M.,
WITH COMMISSIONER TEELE AND COMMISSIONER
REGALADO ABSENT.
Commissioner Plummer: Where is he?
Commissioner Gort: He is coming, right here. Commissioner Plummer, do you have a motion?
Commissioner Plummer: We don't have a presiding or a quorum?
Commissioner Gort: He's here.
Commissioner Plummer: Mr. Presiding Officer, at this time, I make a motion in compliance
with the Charter that we continue this meeting until tomorrow morning, both the regular and the
City Commission and Planning and Zoning until tomorrow morning at 9 o'clock. I so move.
Commissioner Gort: Second.
Chairman Hernandez: There is a motion, there is a second. All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against? All right.
2 November 26, 1997
9
•
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-788
A MOTION TO CONTINUE THE MEETING SCHEDULED FOR NOVEMBER 25,
1997 TO NOVEMBER 26, 1997 BEGINNING AT 10 A.M.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Chairman Humberto Hernandez
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Commissioner Arthur J. Teele, Jr.
Commissioner Plummer: I move that we adjourn.
Chairman Hernandez: So, we will have the meeting tomorrow at nine in the morning. And, the
meeting is adjourned.
Commissioner Gort: Commissioner Plummer, unfortunately I have a very important meeting
tomorrow morning at 8:30, could we make this at 9:30?
Commissioner Plummer: Make it 10 o'clock, if you want.
Commissioner Gort: No, nine thirty will be fine.
Commissioner Plummer: All right.
Commissioner Gort: Nine thirty?
----------------------------------------------------------------------------------------------------------------
2. INSTRUCTIONS TO CHANGE MEETING PLACE OF WAGES BOARD
CONSORTIUM MEETING OF NOVEMBER 26, 1997, TO COMMISSIONER
PLUMMER'S OFFICE.
Commissioner Plummer: Excuse me. Who is responsible? I have a meeting here in these
chambers scheduled tomorrow at 2 o'clock with the consortium. Whoever in the City needs to
call them at 594-7615 and tell them, because of what... our actions just now, that these chambers
will not be available, and that I will not be personally available tomorrow. So, whether they
want to hold their meeting, they can have my conference room if they want, or they can... but,
they have got to make a change.
Chairman Hernandez: Walter, make sure that Channel 9 is advised, so they can put it on
Channel 9, so people are aware that there is a meeting tomorrow.
3 November 26, 1997
Mr. Walter J. Foeman (City Clerk): OK, I will.
Commissioner Gort: So, your motion is, tomorrow at 9:30, right?
Chairman Hernandez: Yeah, we... Ten o'clock.
Commissioner Plummer: I would prefer ten. If you are going to take it 9:30, give me an hour
in...
Commissioner Gort: Ten, ten is fine with me.
Commissioner Plummer: Give me an hour in the office.
Commissioner Gort: OK.
Commissioner Plummer: Ten o'clock is fine.
Chairman Hernandez: Ten o'clock. Ten o'clock.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 2:36 P.M. ON NOVEMBER 25, 1997, AND
RECONVENED AT 10:19 A.M. ON NOVEMBER 26, 1997,
WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT.
An invocation was delivered by Commissioner Teele, after which Commissioner
Plummer then led those present in a pledge of allegiance to the flag.
NOTE FOR THE RECORD: BY MEMORANDUM FROM CITY
MANAGER, ALBERT RUDER, AGENDA ITEMS 8 AND 13 WERE
WITHDRAWN.
----------------------------------------------------------------------------------------------------------------
3. PROCLAMATION:
PRESENTATION:
DR. EMMANUEL NWADIKE DAY -- FOR CONTRIBUTIONS
BENEFITING YOUNGER GENERATION.
Commissioner Plummer: Mr. City Manager, I want to tell you, already I am not happy with this
new form of government. We are squished.
Commissioner Gort: Sit by me.
Commissioner Plummer: I don't want to sit so close to Gort.
4 November 26, 1997
Commissioner Gort: No problem, J.L.
Commissioner Plummer: That's All right.
Chairman Hernandez: We need to approve the minutes of the following meetings of the
following meetings, of the meetings of...
Commissioner Plummer: So moved.
Chairman Hernandez: July 24, 1997 for Planning and Zoning and regular meeting on September
9, 1997.
Commissioner Regalado: Second.
Chairman Hernandez: We have a motion by Commissioner Plummer, second by Commissioner
Regalado. All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against? Unanimous.
NOTE FOR THE RECORD: MINUTES OF JULY 24, 1997 AND
EPTEMBER 9, 1997 WERE APPROVED UNANIMOUSLY.
Commissioner Plummer: Just think, the first think you did was unanimous. Mark that on the
wall.
----------------------------------------------------------------------------------------------------------------
4. CONSENT AGENDA.
Chairman Hernandez: Let's move on to the Consent Agenda. We have over 20 items on the
Consent Agenda. Actually, 21 items.
Commissioner Plummer: Some of them have been pulled.
Chairman Hernandez: Some of them have been pulled. Would you like to go by them
individually or do you want to basically, leave the standard language? Is there anyone present
who is an objector or proponent that wishes to speak on an item in the Consent Agenda?
Anybody out here that objects or wants to be a proponent of any of the items?
Commissioner Plummer: Mr. Chairman, I would suggest that we put on the record, that item
CA-S, 12, 13, 17, 25 and 26, have been pulled for the record. If no one is wanting to come forth
for any item to be pulled, Mr. Chairman, I am ready to make a motion.
Chairman Hernandez: I had one question, just one question on the Consent Agenda, CA-10. Is
Mr. Jim Kay, here?
5 November 26, 1997
Mr. James Kay (Interim Director/Public Works): Yes, sir.
Chairman Hernandez: Jim, I just wanted to ask, is this an extension? My main question is why
the retroactive contract started October 1st of 1996?
Mr. Kay: These contracts were done on an annual basis and approved by the Commission on an
annual basis. For some reason, it was not done last year. Normally, this contract was done out
of the Manager's office, and somehow this got overlooked, I think in the new administration at
that time. So, we are going back... This will be for two years, this contract we are talking about.
Chairman Hernandez: Have they been getting paid since '96?
Mr. Kay: Pardon, have they?
Chairman Hernandez: Have they been getting paid since 1996?
Mr. Kay: No, they haven't received anything from the City since 1996.
Chairman Hernandez: But, they have been providing services since 1996?
Mr. Kay: Yes, they have. Yes, sir.
Chairman Hernandez: All rightee. We have a motion to accept the Consent Agenda and
approve it.
Commissioner Plummer: So moved.
Chairman Hernandez: We have a second?
Commissioner Regalado: Second.
Chairman Hernandez: OK, we have a motion by Commissioner Plummer, second by
Commissioner Regalado. All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against? It's unanimous.
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.
6 November 26, 1997
THEREUPON MOTION DULY MADE BY
COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER REGALADO, THE CONSENT
AGENDA ITEMS WERE PASSED BY THE
FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Chairman Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
4.1. APPROVE CHAIR PURCHASES FROM CORE CONCEPTS, INC. -- FOR POLICE --
ALLOCATE $411,651.62 FROM ACCT. CODE 196002.29046.6.850.
RESOLUTION NO. 97-789
A RESOLUTION APPROVING THE PURCHASE OF TWENTY
THREE (23) CHAIRS FROM CORE CONCEPTS, INC., UNDER
EXISTING PALM BEACH COUNTY CONTRACT NO. 95198A, FOR
THE DEPARTMENT OF POLICE, AT A TOTAL COST OF $11,651.62;
ALLOCATING FUNDS THEREFOR FROM FY '96-97 E-911,
SPECIAL REVENUE, ACCOUNT CODE NO. 196002.29046.6.850;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
SAID ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
7 November 26, 1997
4.2. APPROVE ANNUAL PURCHASE OF ASPHALTIC CONCRETE FROM EXISTING
DADE COUNTY CONTRACT -- FOR PUBLIC WORKS -- ALLOCATE $22,000
FROM ACCT. CODE 310501-750.
RESOLUTION NO. 97-790
A RESOLUTION APPROVING THE ANNUAL PURCHASE OF
ASPHALTIC CONCRETE FROM THOSE SUPPLIERS APPROVED
UNDER EXISTING DADE COUNTY CONTRACT NO. 0888-3/02 FOR
THE DEPARTMENT OF PUBLIC WORKS, ON AN AS -NEEDED,
WHEN -NEEDED CONTRACT BASIS FOR TWO (2) YEARS WITH
THE OPTION OF RENEW FOR THREE (3) ADDITIONAL ONE (1)
YEAR PERIODS, AT A TOTAL COST NOT TO EXCEED $22,000.00
ANNUALLY; ALLOCATING FUNDS THEREFOR FROM ACCOUNT
CODE NO. 310501-750; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR SAID PURCHASES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.3. ACCEPT BID: GE CAPITAL ITS -- FOR FURNISHING OF LAPTOP COMPUTERS
AND RELATED EQUIPMENT --FOR POLICE --ALLOCATE $54,885.80 FROM
ACCT. 148002.290606.6.840.
RESOLUTION NO. 97-791
A RESOLUTION ACCEPTING THE BID FROM GE CAPITAL ITS,
FOR THE FURNISHING OF LAPTOP COMPUTERS AND RELATED
EQUIPMENT FOR THE DEPARTMENT OF POLICE, AT A TOTAL
COST OF $54,885.80; ALLOCATING FUNDS THEREFOR FROM
THE DEPARTMENT OF POLICE ANTI -GANG INITIATIVE GRANT,
ACCOUNT CODE NO. 148002.290606.6. 840; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR SAID
ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
8 November 26, 1997
4.4. ACCEPT BID: RESOL, INC. -- FOR WATSON ISLAND WATER MAIN PROJECT
(SECOND BIDDING) H-1090 -- ALLOCATE $254,370 FROM CIP PROJECTS
311808 AND 311806.
RESOLUTION NO. 97-792
A RESOLUTION ACCEPTING THE BID OF RESOL, INC., IN THE
PROPOSED AMOUNT OF $196,729.50 TOTAL BID OF THE
PROPOSAL, FOR THE PROJECT ENTITLED" "WATSON ISLAND
WATER MAIN PROJECT (SECOND BIDDING), H-1090";
ALLOCATING FUNDS THEREFOR FROM PROJECT NOS. 311808
AND 311806, AS APPROPRIATED BY THE FISCAL YEAR 1995-96
CAPITAL IMPROVEMENT ORDINANCE NO. 11337, AS AMENDED,
IN THE AMOUNT OF $196,729.50 TO COVER THE CONTRACT
COST OF $57,640.50 TO COVER THE ESTIMATED EXPENSES, FOR
AN ESTIMATED TOTAL COST OF #254,370.00; AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.5. ACCEPT BID: BENNETT ELECTRIC SERVICE COMPANY, INC. -- FOR LEGION
PARK BUILDING FIRE ALARM SYSTEM MODIFICATIONS (SECOND
BIDDING) -- ALLOCATE $16,826.37 FROM CIP PROJECT 331312.
RESOLUTION NO. 97-793
A RESOLUTION ACCEPTING THE BID OF BENNETT ELECTRIC
SERVICE COMPANY, INC., IN THE PROPOSED AMOUNT OF
$13,121.00 TOTAL BID OF THE PROPOSAL, FOR THE PROJECT
ENTITLED: "LEGION PARK BUILDING FIRE ALARM SYSTEM
MODIFICATIONS (SECOND BIDDING) B-6277; ALLOCATING
FUNDS THEREFOR FROM PROJECT NO. 331312, AS
APPROPRIATED BY FISCAL YEAR 1995-1996 CAPITAL
IMPROVEMENT ORDINANCE 11337, AS AMENDED, IN THE
AMOUNT OF $13,121.00 TO COVER THE CONTRACT COST OF
$3,705.37 TO COVER THE ESTIMATED EXPENSES, FOR AN
ESTIMATED TOTAL COST OF $16,826.37; AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
9 November 26, 1997
4.6. ACCEPT BID: AMERICAN CONTRACTING, INC. -- FOR LEGION PARK
BUILDING INTERIOR PAINTING PROJECT B-6280 -- ALLOCATE $11,971.78
FROM CIPO PROJECT 331312.
RESOLUTION NO. 97-794
A RESOLUTION ACCEPTING THE BID OF AMERICAN
CONTRACTING, INC., IN THE PROPOSED AMOUNT OF $8,959.13
TOTAL BID OF THE PROPOSAL, FOR THE PROJECT ENTITLED
"LEGION PARK BUILDING INTERIOR PAINTING PROJECT, B-
6280"; ALLOCATING FUNDS THEREFOR FROM PROJECT NO.
331312, AS APPROPRIATED BY FISCAL YEAR 1995-1996 CAPITAL
IMPROVEMENT ORDINANCE 11336, AS AMENDED, IN THE
AMOUNT OF $8,959.13 TO COVER THE CONTRACT COST OF
$3,012.65 TO COVER THE ESTIMATED EXPENSES, FOR AN
ESTIMATED TOTAL COST OF $11,971.78; AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.7. AUTHORIZE FUNDING FOR DARE PROGRAM -- ALLOCATE $25,000 FROM
LETF PROJECT 690003.
RESOLUTION NO. 97-795
A RESOLUTION AUTHORIZING FUDNING OF THE DRUG ABUSE
RESISTANCE EDUCATION (D.A.R.E.) PROGRAM, IN THE
AMOUNT OF $25,000.00; ALLOCATING FUNDS THEREFOR, FROM
THE LAW ENFORCEEMTN TRUST FUND, PROJECT NO. 690003,
SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF
OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF
TREASURY "GUIDE TO EQUITABLE SHARING."
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
10 November 26, 1997
4.8. ACCEPT $50,000 GRANT FROM NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION -- FOR RIVERSIDE DISTRICT PUBLIC ACCESS AND
RENEWAL PLAN.
RESOLUTION NO. 97-796
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT A GRANT, IN THE AMOUNT OF $50,000.00, FROM THE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
THOUGHT THE FLORIDA COASTAL MANAGEMENT PROGRAM
OF THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, FOR
THE PREPARATION OF THE RIVERSIDE DISTRICT PUBLIC
ACCESS AND RENEWAL PLAN; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT AND ANY
OTHER NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR ACCEPTANCE AND
IMPLEMENTATION OF SAID GRANT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.9. AUTHORIZE AGREEMENT BETWEEN CITY AND UP THE RIVER, INC. -- FOR
EDUCATIONAL PROGRAMS RELATED TO MIAMI RIVER -- ALLOCATE $25,000
FROM SPECIAL REVENUE FUND ACCT 310504-930, PROJECT 120001.
RESOLUTION NO. 97-797
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, FOR THE PERIOD OCTOBER 1, 1996
THROUGH SEPTEMBER 30, 1998, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND UP
THE RIVER, INC., THE FINANCIAL AGENCY FOR THE MIAMI
RIVER COORDINATING COMMITTEE (MRCC) TO CONTINUE
PROVIDING EDUCATIONAL PROGRAMS RELATED TO THE
MIAMI RIVER ALLOCATING FUNDS THEREFOR, IN AN ANNUAL
AMOUNT NOT TO EXCEED $25,000, FROM SPECIAL REVENUE
FUND, ENVIRONMENTAL STORM SEWER TRUST ACCOUNT,
ACCOUNT NO. 310504-930, PROJECT 120001.
11 November 26, 1997
4.10. ALLOCATE $14,000 FROM COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS PROJECT 799613 -- FOR BUSINESS REHABILITATION IN
EDISON/LITTLE RIVER TARGET AREA.
RESOLUTION NO. 97-798
A RESOLUTION ALLOCATING FUNDS, IN THE AMOUNT OF
FOURTEEN THOUSAND DOLLARS ($14,000) FROM COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS, PROJECT NO. 799613,
FOR THE REHABILITATION OF TWO (2) BUSINESSES LOCATED
IN, THE EDISON/LITTLE RIVER TARGET AREA, IN CONNECTION
WITH THE COMMERCIAL CODE COMPLIANCE PROGRAM, SAID
ALLOCATION BASED UPON A 70%-30% MATCH BETWEEN THE
CITY OF MIAMI AND THE BUSINESSES OR PROPERTY OWNERS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.11. ACCEPT LANDY JACOBS AND ASSOCIATES AND BARRETT AND
ASSOCIATES AS MOST QUALIFIED FIRMS TO ADMINISTER POLICE CAPTAIN
AND SERGEANT PROMOTIONAL EXAMINATION PROCESSES -- ALLOCATE
$110,000 FROM POLICE GENERAL BUDGET ACCT. CODE 001000.290201.6.270.
RESOLUTION NO. 97-799
A RESOLUTION ACCEPTING THE FINDINGS OF THE SELECTION
COMMITTEE, AS TO THE MOST QUALIFIED FIRMS, IN RANK
ORDER, #1, LANDY JACOBS AND ASSOCIATES, INC. (UA), AND
#2, BARRETT AND ASSOCIATES, INC. (BAR), TO PROVIDE AND
ADMINISTER THE PROMOTIONAL EXAMINATION PROCESSES
FOR THE CLASSIFICATIONS OF POLICE CAPTAIN AND POLICE
SERGEANT AS STIPULATED IN THE REQUEST FOR PROPOSALS
(RFP), FOR THE DEPARTMENT OF HUMAN RESOURCES,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH LJA FOR AN INITIAL TERM OF SIX (6)
MONTHS, WITH THE OPTION TO EXTEND FOR THREE (3)
ADDITIONAL SIX (6) MONTH PERIODS, AT AN ESTIMATED
TOTAL COST NOT TO EXCEED $110,000 DURING THE INITIAL
AND EXTENDED TERM OF THE AGREEMENT; ALLOCATING
FUNDS THEREFOR FROM THE DEPARTMENT OF POLICE
GENERAL OPERATING BUDGET, ACCOUNT CODE NO.
001000.290201.6.270; FURTHER, AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR THESE SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
12 November 26, 1997
4.12. REALLOCATE $50,000 OF COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS -- FOR STREETSCAPE PLAN AND DESIGN GUIDELINES FOR MIAMI
DESIGN DISTRICT AND LITTLE HAITI N.E. 2ND AVENUE CORRIDOR.
RESOLUTION NO. 97-800
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
REALLOCATE FIFTY THOUSAND DOLLARS ($50,000) OF
AVAILABLE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM INCOME FUNDS FOR THE PROJECT
ENTITLED: "STREETSCAPE PLAN AND DESIGN GUIDELINES
FOR THE MIAMI DESIGN DISTRICT AND THE LITTLE HAITI N.E.
2ND AVENUE CORRIDOR."
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.13. CODESIGNATION N.W. 28 STREET FROM N.W. 22 AVENUE TO N.W. 27
AVENUE AS CARLOS M. QUINCOSES WAY.
RESOLUTION NO. 97-801
A RESOLUTION CODESIGNATING NORTHWEST 28TH STREET,
FROM N.W. 22ND AVENUE TO N.W. 27TH AVENUE, MIAMI,
FLORIDA, AS "CARLOS M. QUINCOSES WAY"; FURTHER
DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR
OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE HEREIN DESIGNATED AGENCIES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
13 November 26, 1997
4.14. AUTHORIZE REVOCABLE LICENSE AGREEMENT WITH DADE HERITAGE
TRUST, INC -- FOR USE OF DR. JAMES M. JACKSON HOUSE AT 190 S.E. 12
TERRACE -- FOR $1.00 ANNUAL FEE -- FOR CONTINUED HISTORIC
PRESERVATION OF LANDMARK TO BE USED AS MUSEUM.
RESOLUTION NO. 97-802
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A REVOCABLE LICENSE AGREEMENT (AGREEMENT),
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH DADE
HERITAGE TRUST, INC., (TRUST), A NON-PROFIT, TAX EXEMPT
CORPORATION, FOR THE USE OF THE CITY OWNED HISTORIC
DR. JAMES M. JACKSON HOUSE, LOCATED AT 190 SOUTHEAST
12TH TERRACE, MIAMI, FLORIDA, AT AN ANNUAL FEE OF $1.00,
FOR THE CONTINUED HISTORIC PRESERVATION OF THIS
LANDMARK, TO BE USED BY THE TRUST AS THEIR
HEADQUARTERS AND OPEN TO THE PUBLIC AS A MUSEUM,
SUBJECT TO TERMS AND CONDITIONS SET FORTH IN THE
AGREEMENT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.15. ESTABLISH SPECIAL CHARGES / TERMS CONDITIONS -- FOR USE OF
ORANGE BOWL STADIUM BY INTERFOREVER SPORTS, INC. -- FOR GOLD
CUP SOCCER TOURNAMENT SCHEDULED FOR FEBRUARY, 1998.
RESOLUTION NO. 97-803
A RESOLUTION ESTABLISHING SPECIAL CHARGES, TERMS
AND CONDITIONS, AS SPECIFIED HEREIN, FOR THE USE OF THE
ORANGE BOWL STADIUM BY INTERFOREVER SPORTS, INC.
FOR ITS PRESENTATION OF THE GOLD CUP SOCCER
TOURNAMENT FEATURING THE WORLD CHAMPION
BRAZILIAN TEAM TO BE HELD FEBRUARY 3RD AND STH, 1998;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, BETWEEN THE CITY OF MIAMI AND
INTERFOREVER SPORTS; INC. FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
14 November 26, 1997
4.16. CONFIRM ELECTION OF INDIVIDUALS TO SERVE ON CITYWIDE
COMMUNITY DEVELOPMENT ADVISORY BOARD (Iris Cuevas, Frankie Shannon
Rolle, Eleanor Kluger, Fred St. Amand, Sigfredo Delagdo, Balaam Welcome and
Dorothy Quintana).
RESOLUTION NO. 97-804
A RESOLUTION A RESOLUTION CONFIRMING THE ELECTION
OF 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.)
4.17. ALLOCATE $18,000 FROM HEARING BOARDS ACCT CODE 820101 -- FOR
COMPENSATION TO SPECIAL COUNSEL OF CODE ENFORCEMENT BOARD.
RESOLUTION NO. 97-805
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$18,000 FROM FY '97-98 BUDGETED FUNDS OF THE OFFICE OF
HEARING BOARDS, ACCOUNT CODE NO. 820101, FOR PAYMENT
OF COMPENSATION TO SPECIAL COUNSEL INCLUDING ANY
REQUIRED RELATED LITIGATION SERVICES, FOR THE CODE
ENFORCEMENT BOARD.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.18. ALLOCATE $18,000 FROM CIVIL SERVICE OFFICE ACCT CODE 240101-250 --
FOR COMPENSATION TO SPECIAL COUNSEL OF CIVIL SERVICE BOARD.
RESOLUTION NO. 97-806
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$18,000 FROM FY '97-98 BUDGETED FUNDS OF THE CIVIL
SERVICE OFFICE, ACCOUNT NO. 240101-250, FOR PAYMENT OF
COMPENSATION TO SPECIAL COUNSEL, INCLUDING ANY
REQUIRED RELATED LITIGATION SERVICES, FOR THE CIVIL
SERVICE BOARD.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
15 November 26, 1997
C
4.19. ALLOCATE $18,000 FROM SPECIAL PROGRAMS AND ACCOUNTS NO.
921103 -- FOR COMPENSATION TO SPECIAL COUNSEL TO NUISANCE
ABATEMENT BOARD.
RESOLUTION NO. 97-807
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$18,0000 FROM SPECIAL PROGRAMS AND ACCOUNTS,
ACCOUNT 0. 921103, FOR PAYMENT OF COMPENSATION TO
SPECIAL COUNSEL, INCLUDING ANY REQUIRED RELATED
LITIGATION SERVICES, FOR THE NUISANCE ABATEMENT
BOARD.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
4.20. ACCEPT PROPOSAL FROM SELECTRON, INC -- FOR INTERACTIVE VOICE
RESPONSE SYSTEM -- FOR BUILDING AND ZONING -- ALLOCATE $95,000
FORM ACCTS 560302-840 AND 560302-9961 PROJECT 421001.
RESOLUTION NO. 97-808
A RESOLUTION ACCEPTING THE PROPOSAL FROM
SELECTRON, INC. FOR THE ACQUISITION OF AN INTERACTIVE
VOICE RESPONSE SYSTEM ("IVRS"), INCLUDING SOFTWARE,
HARDWARE, INSTALLATION, AND TRAINING FOR THE
DEPARTMENT OF BUILDING AND ZONING, WITH A THREE
YEAR WARRANTY, AT AN AMOUNT NOT TO EXCEED $95,000,
WITH THE OPTION TO EXTEND THE MAINTENANCE TERM FOR
TWO (2) ONE-YEAR PERIODS, AT AN ANNUAL COST NOT TO
EXCEED $10,000; AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH SELECTRON, INC. FOR SAID
ACQUISITION; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NOS. 560302-840 AND 560302-996, PROJECT
421001.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
----------------------------------------------------------------------------------------------------------------
5. PRESENT $96,094.96 CHECK FROM SOUTH FLORIDA REGIONAL
COUNCIL TO CITY -- FOR EXPANSION OF FLEET OF ALTERNATIVE
FUEL VEHICLES -- FOR PURCHASE OF SIX ELECTRICAL TRUCKS.
Chairman Hernandez: Before, we go on to the regular items on the agenda, I guess we can start
the morning with a nice... We have to present a check to the City of Miami for ninety-six
thousand dollars ($96,000).
16 November 26, 1997
Commissioner Plummer: That's all?
Chairman Hernandez: It's coming from the South Florida Regional Planning Council on behalf
of the City of Miami in a total amount of ninety-six thousand ninety-four dollars and forty cents
($96,094.40). On behalf of all of us on the City Commission, we thank our South Florida
Regional Manager...
Commissioner Plummer: Mr. Tindan is here to speak.
Chairman Hernandez: Is he here? Great. Tell us a little bit about this.
Mr. Ron Tindan: It's a pleasure to be here this morning. My name is Ron Tindan, I am the
coordinator for the Gold Coast Clean Cities Coalition. The coalition was created in 1993
through an executive order of Governor Chiles to implement an alternative fuel program within
Dade, Broward and Palm Beach Counties. It's goal is to help local governments, businesses and
industries work together to improve air quality, promote energy efficiency and protect our
environment through the use of clean burning alternative fueled vehicles. The Department of
Community Affairs through the Florida Energy Office contracted with the South Florida
Regional Planning Council on behalf of the Florida Gold Coast Clean Cities Coalition to create
and administer an aggressive alternative fuel program within the Tri-County area. The Florida
Gold Coast Clean Cities Coalition has completed the review of proposals for the Phase II
alternative fuel vehicle grant program with a meeting of the evaluation team on September 17,
1997. Eight proposals were accepted as being responsive to the RFP (Request for Proposal) and
were evaluated by the team members based on the criteria established by the South Florida
Regional Planning Council. The Phase II grant awards of five hundred and seventy-nine
thousand seventy-two dollars ($579,072) were approved by the South Florida Regional Planning
Council on October 6, 1997, and will contribute to the acquisition or conversion of 108
alternative fuel vehicles, totaling one million seven hundred and seventy-eight thousand dollars
($1,778,000), including the local match. These vehicles will displace as much as 104,000
gallons of gasoline and diesel fuel each year. I am proud to present the City of Miami with a
check for ninety-six thousand ninety-four dollars and forty cents ($96,094.40) for the expansion
of your fleet of alternative fuel vehicles and the purchase of six electric pickup trucks which will
displace approximately 2,500 gallons per year of gasoline.
Commissioner Plummer: Congratulations.
Chairman Hernandez: Thank you, very much.
Mr. Tindan: Thanks for taking care of the...
NOTE FOR THE RECORD: ITEM 7, HAS BEEN WITHDRAWN
AND ITEM 22 HA BEEN TABLED TO CONTINUE ON THE
REGULAR COMMISSION MEETING OF DECEMBER 9, 1997.
Chairman Hernandez: For the record, before we get on to the normal agenda items, I would like
to tell you that agenda items four, five, 11, 15, 16, 24, 26, 30 and 31 have been withdrawn prior
to the distribution of this agenda.
Commissioner Plummer: Regular agenda or CA?
Chairman Hernandez: Regular agenda.
17 November 26, 1997
Commissioner Plummer: Woe, Woe, Woe. Read that off again.
Chairman Hernandez: Four, five, 11, 15, 16, 24, 26, 30 and 31.
Commissioner Regalado: It shows here. Mr. Chairman, it shows here.
Commissioner Plummer: But that's on the Consent Agenda.
Commissioner Regalado: No.
Chairman Hernandez: No, no. Regular agenda item.
Commissioner Plummer: Aye, yah, aye.
Chairman Hernandez: And, in addition, agenda item number seven and 22, number seven has
been withdrawn and number 22 has been continued to a date specific which is our next meeting,
December 9, 1997.
Commissioner Plummer: Must be a World Series game tonight.
Commissioner Regalado: You said, 22?
Chairman Hernandez: Seven and 22. Twenty-two has been continued to a date specific which is
December 9th of '97, which I believe is, Mr. Foeman our next Commission meeting?
Mr. Walter J. Foeman (City Clerk): December 9th.
Chairman Hernandez: December 9th.
----------------------------------------------------------------------------------------------------------------
6. BRIEFLY DISCUSS / TABLE TO AFTER 2:00 P.M. DISCUSSION OF
AGENDA ITEM PZ-9 (PROPOSED SECOND READING ORDINANCE TO
AMEND ZONING ORDINANCE REGARDING PARKING IN COCONUT
GROVE CENTRAL COMMERCIAL DISTRICT).
Mr. Tony O'Donnell: OK, Mr. Chairman, can I be recognized?
Chairman Hernandez: Yes, sure.
Mr. O'Donnell: Thank you. For the record, Tony O'Donnell, law office at 701 Brickell Avenue.
I am representing homeowners in the area of Coconut Grove. David Sweetened from Camp
Biscayne, Barbara Lang from Arbitar, Esther Armbrister from the Historic Residential
Neighborhood along Charles Avenue. We were here yesterday for item PZ-9, we were... They
are unable to come back. We made a full presentation to the Planning Advisory Board. We ask
for a continuance until, I believe they would want a January agenda, staff would.
Chairman Hernandez: Are there are motions to move...
Mr. O'Donnell: January 26th.
18 November 26, 1997
Chairman Hernandez: ... the PZ-10.
Mr. O'Donnell: PZ-9.
Chairman Hernandez: PZ-9?
Mr. O'Donnell: Yes.
Chairman Hernandez: PZ-9. To continue PZ-9 to a date... You want a date specific...
Mr. O'Donnell: Yes.
Chairman Hernandez: ...so we don't have to readvertise?
Mr. O'Donnell: Yes, yes.
Chairman Hernandez: December. Is December 9, OK?
Commissioner Gort: Mr. Chairman, let me ask a question?
Chairman Hernandez: Yes.
Commissioner Gort: Can we hear this? We are not in Planning and Zoning right now, we are in
a regular meeting. I mean, Planning and Zoning is announced for a specific time.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Are you asking a legal question or...?
Commissioner Gort: Yes.
Mr. Jones: What do you want to? I am sorry, what did you want to know?
Commissioner Gort: My understanding is, Planning and Zoning has asked to take place at a
specific time?
Mr. Jones: That's correct.
Commissioner Gort: And, the applicants are not here. Anyone else involved with this item
would not be here.
Mr. O'Donnell: This is the Planning Department ordinance.
Mr. Jones: Well, uh-huh.
Mr. O'Donnell: That we are just asking a continuance so that we can appear on it.
Commissioner Gort: Planning Department is the applicant?
Mr. O'Donnell: Yes. And, they don't oppose the continuance. In fact they...
Commissioner Gort: Can we move on this?
Mr. Jones: What's proper for you... It should be proper for you to take it up when you deal with
the P&Z agenda. You are on the regular agenda now.
19 November 26, 1997
Commissioner Gort: Thank you.
Commissioner Plummer: Well, is somebody on the other side wanting to speak? If it's...
Chairman Hernandez: So... You will have to come back sir, at some time after 2 o'clock. We
have another one also. Walter, can you give this to... I think you should keep this because there
is going to be another one that wants to be continued, PZ-10, so we can do it in the afternoon.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
7. DISCUSS / DEFER CONSIDERATION OF CITY ATTORNEY
APPOINTMENT) -- FURTHER APPOINT COMMISSIONERS GORT AND
HERNANDEZ TO COMMITTEE OF TWO TO REVIEW OPTIONS TO
EVALUATE A. QUINN JONES.
Chairman Hernandez: Moving on to the regular agenda item, we move on to agenda item
number two. I would like to make note that the Mayor of the City of Miami passed me on a
memorandum in which he would just like to rephrase the language on this resolution which is to
elect and appoint the City Attorney of the City of Miami, Florida to hold office as approved for
in the City Charter instead of reappoint. And, he would like that as well as to items number two,
three and... Two, three actually, only because we are dealing with the City Clerk and the City
Attorney.
Commissioner Plummer: So, it's just... It's changing the one word, is that what it is?
Chairman Hernandez: Yes, from reappointment to appointing. Mr. Teele.
Commissioner Teele: Mr. Chairman. I will tell you that as a person who is a member of the bar,
I have never had the opportunity to work with Mr. Jones. In fact, I have only had one
opportunity to observe him before being elected. And, I think those that have institutional
memory will recall that was not -a very positive experience for me involving some matters
regarding the Overtown and ParkWest Omni-CRA (Community Redevelopment Agency).
Notwithstanding that, I am not prepared to vote on Mr. Jones, because I don't have a sufficient
basis to form an intelligent opinion about his ability as an attorney. If I may, Mr. Chairman, I
also would proffer to you that, unlike Mr. Jones, I have had numerous experiences in working
with the City Clerk. And, although, my experiences were not always favorable from my point of
view, because I did something wrong, Mr. Foeman was in the position of pointing it out and I
have a very clear impression that he... I have a very clear impression and feeling of his
professionalism and his ability to function. If the four members of this Commission are
prepared, I obviously will be happy to withdraw and let the Commission move forward with the
deliberation. But, I think when you deal with someone's career, it is a very serious matter and I
think the real issue here is whether or not three members of this Commission have confidence in
the City Attorney. I would go so far as to say, Mr. Chairman, with you indulgence, that I think
the City Attorney should enjoy the confidence of all five members of the Commission. And,
certainly at least four members of the Commission, given the new Charter change and I almost
would like to see that the Commission attorney, at some point, should have to have four votes.
But, that's not the point. There are three votes required. I am not prepared, and I would ask as a
professional courtesy that my colleagues would at least grant me the opportunity to evaluate Mr.
Jones over a reasonable period of time of four to six months, or whatever the Commission is
comfortable with. Otherwise, I am in the unenviable position of not being able to represent my
20 November 26, 1997
district, District 5, that I was here, because I clearly cannot form an opinion regarding Mr. Jones.
And, I would simply ask, Mr. Chairman, that you would afford a delay on this matter, until I
have... Until, the Commission, all members of the Commission have a sufficient basis to form
an opinion.
Commissioner Regalado: Mr. Chairman, if I may?
Chairman Hernandez: OK, Mr. Regalado.
Commissioner Regalado: I too, have the same problem, but the other way around. I have heard
a name of a person that may be presented to become the City Attorney, but I have not met with
this person. I don't know this person and I can't vote this morning, so I would also ask to defer
this matter for the future. And, I think that Commissioner Teele has the right to get to know the
City Attorney and I need to see other persons that would be part of a list of names that would be
presented to this Commission.
Chairman Hernandez; Commissioner Plummer.
Commissioner Plummer: I have always honored my colleagues when they have asked to inform
themselves better to make a better vote, and I will do so in this particular case. I would only ask
that my colleagues who are asking for time, that we not leave an uncertainty for a four to six
month period of time. I would hope that we could make a determination. Our meeting in
January is the 13th. I would ask that that be set as a deadline. It gives you almost two months...
Commissioner Teele: Is there a second meeting in January?
Commissioner Plummer: ... and...
Commissioner Gort: Mr. Chairman.
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: I am sorry.
Commissioner Teele: If you will just... Commissioner Plummer, on one point.
Chairman Hernandez: Commissioner Teele.
Commissioner Teele: Could you? I will be... I realize you will not approve a four or six month.
Would you approve the second meeting in January?
Commissioner Plummer: Sure.
Commissioner Teele: All right.
Chairman Hernandez: Commissioner Gort.
Commissioner Plummer: Well, the only problem. Excuse me, I am sorry. I yielded it, I think.
Is there... You know, I watch this on the County, but I don't know how this works. I never
yield. Anyhow...
Commissioner Regalado: He barges in.
21 November 26, 1997
Commissioner Plummer: Mr. Chairman, to my colleague, Mr. Teele. Usually, the second
meeting is Planning and Zoning. Now, if you feel, that it's necessary, then I'll go along with it.
But, I think that the sooner we bring it to a conclusion, it takes away the uncertainty. So, if it's...
Commissioner Teele: Second meeting.
Commissioner Plummer: Second meeting is fine, OK.
Chairman Hernandez: Willy.
Commissioner Gort: I would also like to see... My understanding is, there is certain
recommendations, there is a committee that is going to the different departments and they have
come up with recommendations. I would like to see some of those recommendations they have
come up with.
Chairman Hernandez: Commissioner Gort, I can tell you that, as of last week, I tried to get a
hold of the Chairman of the Committee that was appointed by the Governor's Board to review
the Law Department. I can tell you that they have not made a conclusion or really drafted a
report as to the findings of their investigation of the Law Department. I have always liked to
yield and give professional courtesies, especially to a new coming Commissioner to this board,
who obviously has not been able to work with our City Attorney. So, I think it is well founded
to give a continuance to this item and I think a time specific is crucial. We cannot continue to be
in limbo. I don't think it's fair to Mr. Jones, that we keep him in limbo as to what will happen
with his position. So, from what I hear, is there a motion time specific for?
Commissioner Teele: May I, Mr. Chairman?
Chairman Hernandez: Sure.
Commissioner Teele: Mr. Chairman, may I move that the appointment of a City Attorney, the
evaluation or an appointment, election of a City Attorney be deferred to the second meeting,
January 20, what? Seven.
Mr. Foeman: Twenty-seventh.
Commissioner Plummer: Twenty-ninth. Twenty-seventh, 27th.
Commissioner Teele: Twenty-seventh. And, further that, Commissioner Gort, chair a
committee of one, to work to... through all of these processes, the Oversight Board issues. And,
to prepare a series of options for us for the first meeting in January, for the close of the first
being in January.
Chairman Hernandez: So, we can prepare for a vote on the second.
Commissioner Teele: So we can prepare for a vote on the second.
Chairman Hernandez: Do you accept that, Mr. Gort.
Commissioner Regalado: Second.
Commissioner Gort: You are putting me to work.
Commissioner Regalado: Second.
22 November 26, 1997
Chairman Hernandez: Do you accept that, Mr. Gort? There is a motion by Commissioner Teele,
there is a second by Commissioner Regalado. Commissioner Gort, you have accepted that
committee of one?
Commissioner Plummer: Absolutely.
Commissioner Gort: Mr. Chairman, yes. I don't have any other choice.
Commissioner Plummer: Absolutely.
Commissioner Gort: He's the new gentleman here, so I have got to work with him.
Chairman Hernandez: We have a motion.
Commissioner Gort: What I would like to do is, I would like that report that was being
conducted, I would like to receive copies of that report and I would like to go over it.
Chairman Hernandez: OK.
Commissioner Gort: And, also, in appointing me to one person, can I also appoint my own
advisers to advise me on this? Thank you. Yes.
Chairman Hernandez: I would like to, if possible, take part and share in that committee of one,
of evaluation with you, Commissioner Gort? Is that all right?
Commissioner Gort: Sure.
Chairman Hernandez: OK, we have a motion, we have a second.
Commissioner Plummer: Yes.
Chairman Hernandez: All those in favor, say "aye", please.
The Commission (Collectively): Aye.
Chairman Hernandez: All those against? Unanimous vote.
Commissioner Plummer: All right.
Chairman Hernandez: Five, zero.
23 November 26, 1997
•
•
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 97-809
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 2 (ELECTING AND
REAPPOINTING A. QUINN JONES, III AS CITY ATTORNEY) TO THE
COMMISSION MEETING PRESENTLY SCHEDULED FOR JANUARY 27, 1998;
FURTHER APPOINTING COMMISSIONER GORT AND PRESIDING
OFFICER/COMMISSIONER HERNANDEZ AS A COMMITTEE OF TWO TO
PREPARE A SERIES OF OPTIONS FOR THE COMMISSION TO CONSIDER
EVALUATION THE CITY ATTORNEY PRIOR TO SCHEDULED JANUARY
MEETING DATE.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Chairman Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
8. REAPPOINT WALTER J. FOEMAN AS CITY CLERK.
Chairman Hernandez: Item number three. Electing and appointing Walter J. Foeman as City
Clerk or electing and appointing a City Clerk to the City of Miami.
Commissioner Gort: I want you to know, during the elections, I received quite a few letters from
our City Clerk and he was very hard on us. But, even from what I hear from Commissioner
Teele, he applied his standard to everyone, so I would be more than glad to nominate Walter
Foeman for City Clerk.
Commissioner Regalado: I will second that motion.
Commissioner Plummer: I'd rather burn him in oil.
Chairman Hernandez: Discussion. Willy or J.L.? Great. We have a motion by Commissioner
Gort, and second by Tomas Regalado. All those in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against? Five, zero. Unanimous reappointment of Walter J.
Foeman.
24 November 26, 1997
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 9.7-810
A RESOLUTION ELECTING AND REAPPOINTING WALTER J. FOEMAN AS
CITY CLERK OF THE CITY OF MIAMI, FLORIDA, TO HOLD OFFICE AS
PROVIDED FOR IN THE CITY CHARTER.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Chairman Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Commissioner Plummer: Well, just for the record. You want to say, "appointed."
Chairman Hernandez: Appointed. But, in this case, he is being reappointed, because he is
already in office.
Commissioner Plummer: OK. You are the one changing the terminology.
NOTE FOR THE RECORD: Recognizing Thelma Gibson, former
ommissioner.
Chairman Hernandez: Before we go on to item 3-A, I believe, and I saw her. You know my
eyesight sometimes fails me the... I would like to announce the presence of former
Commissioner Thelma Gibson, which I believe is in the crowd. Is Thelma here?
Commissioner Plummer: Yeah, yeah.
[APPLAUSE]
Chairman Hernandez: And, congratulate you once again, for a fine job that you did while you
were here as a Commissioner of the City of Miami.
25 November 26, 1997
•
0
----------------------------------------------------------------------------------------------------------------
9. (A)RATIFY / APPROVE / CONFIRM MAYOR SUAREZ' APPOINTMENT OF
DONALD H. WARSHAW AS CITY MANAGER NUNC PRO TUNC --
FROM NOVEMBER 16, 1997 TO NOVEMBER 19, 1997.
(B)RATIFY / APPROVE / CONFIRM MAYOR SUAREZ' APPOINTMENT OF
ALBERTO RUDER AS CITY MANAGER.
Chairman Hernandez: Item 3-A, appointing a City Manager. I guess we are reaffirming at this
point in time the appointment of Albert Ruder as City Manager of the City of Miami. There are
certain items that need to be discussed that have not been discussed apart from, before we take
the vote of reaffirming the appointment by the Mayor of the City of Miami, of Albert Ruder as
City Manager, there are certain things that were left out. Mr. Ruder has requested to maintain
the executive package that he has at this point in time, which is a lot less, I can tell you, because
I have a comparison of the executive package that was given to our former City Manager and the
executive package that Mr. Ruder is requesting, which is the standard executive package that
most directors, or all directors in the City of Miami have. However, I would like to request and
ask of this Commission, that Mr. Ruder be given a car allowance and a phone allowance in
accordance to what the rest of this Commission has at the present time.
Commissioner Teele: Mr. Chairman.
Chairman Hernandez: Yes, sir.
Commissioner Teele: I have no objections at all to any package that the Mayor would
recommend to us. But, I think this Commission has not only the responsibility, but the
obligation to determine whether or not Mr. Ruder is suitable under the Charter, and I certainly
want to say to you, Mr. Chairman and to the Mayor, that I intend to work, cooperatively and
positively with the Mayor, Mayor Suarez of the City of Miami. But, I do not intend to be a
rubber stamp under the Charter. This Commission has certain duties and certain obligations.
The Mayor has certain duties and obligations. And, just like the United States Senate, doesn't
always approve the President's nominations, I would hope that this Commission would always
approve the Mayor's nominations, but I would certainly hope that this Commission doesn't
begin a process whereby we just rubber stamp things. I would ask before we take up Mr.
Ruder's appointment, we take up the appointment that the Mayor made, at least in my mind, he
made it. And we dispose of the first City Manager, before we take up the second City Manager.
And I say that in all positiveness. I have asked the City Attorney to prepare an item that would
approve the appointment of Donald Warshaw as City Manager, nunc pro tunc during the period
of November 16th, and I think it should have an ending date there, whether it be the 18th or the
17th. And, I certainly would like to ask, Mr. Warshaw to at least be on the record, because I
don't want this Commission to miss the opportunity to at least do its job. And, I think, with your
indulgence, Mr. Chairman, if you will. We need to resolve that matter, otherwise, my fear is that
other authorities may try to resolve it in a manner that's embarrassing, not just to the Mayor but
to the City of Miami.
Chairman Hernandez: I agree with you, Commissioner Teele. And, I think it would behoove all
of us to clear that matter up. We would need an effective date on one. Chief Donald Warshaw
was appointed City Manager and it would be effective through what date?
Commissioner Teele: Mr. Chairman, with your indulgence, I would ask that Mr. Warshaw come
up and confirm that he was in fact, acting as the Manager and in fact confirm that he not longer
26 November 26, 1997
is, and if he could help us, by telling us the date he was and wasn't. This says the 16th of
November. Mr. Attorney, did you pass out this item?
Mr. A. Quinn Jones, III, Esq.: No, I didn't.
Chairman Hernandez: I have not seen that item.
Mr. Jones: I have it here.
Commissioner Teele: I asked last night, after reading the newspapers, because it's very clear
that we need to do this in a way that it doesn't embarrass the citizens of this City.
Mr. Jones: I will have copies distributed. But, essentially, what it is, is a resolution ratifying,
approving and confirming Mayor Xavier L. Suarez's appointment of Donald H. Warshaw as City
Manager, nunc pro tunc, for the period beginning on November 16, 1997. And, ending upon the
Mayor's appointment of Albert Ruder as City Manager on November 19, 1997.
Commissioner Plummer: All right, I am dumb.
Chairman Hernandez: Chief Warshaw, would you like to address?
Commissioner Plummer: Well, no. Just give me... Mr. Chairman?
Chairman Hernandez: Yes.
Commissioner Plummer: What is T-U-N-C? Is that an English word?
Mr. Jones: Well, no. This is a Latin phrase which essentially denotes...
Commissioner Teele: T-U-N-C is then:
Commissioner Plummer: Well, would you explain to this English speaking gentleman, what it
means?
Mr. Jones: Yeah. What it means is, what it does is denotes a act to be done after the time when
it should have been done. So, what we are saying...
Commissioner Plummer: Why didn't you say that?
Mr. Jones: OK.
Commissioner Regalado: Because it's more elegant.
Commissioner Teele: Well, in fairness...
Commissioner Plummer: Elegant.
Commissioner Teele: Mr. Chairman, in fairness. The answer to the question is the word tunc
means then. And, nunc pro tunc means now...
Chairman Hernandez: Correct.
Commissioner Teele:... for then. But, those three words have a volume of legal precedent and
those three words are necessary if you want to avail yourself of the legal precedent that relates to
27 November 26, 1997
common law that a legislative body can do something under certain circumstances now for then.
Meaning, we are doing it now, for November 16th.
Chairman Hernandez: Correct.
Commissioner Plummer: Well, I guess, I got to ask a question that I didn't want to ask. Do we
have to legally terminate, Mr. Marquez? Hello, I am calling collect.
Mr. Jones: I'm not answering. No.
Chairman Hernandez: I would think... I would think...
Commissioner Teele: No, we don't.
Chairman Hernandez: We don't have to do that, that's not legally.
Commissioner Plummer: I mean, I realize under the Charter, that the Mayor has to... has that
right. But, should we take an official action here of termination or it's not necessary? I am
merely asking for the record.
Chairman Hernandez: I think all we could do is, reconfirm the actual dismissal of the City
Manager, based on the actions of the Mayor.
Mr. Jones: Let me... If I may, Mister?
Commissioner Plummer: Should we or not?
Chairman Hernandez: We don't have to do that.
Mr. Jones: If I may, Mister?
Commissioner Plummer: I don't want to hurt the...
Mr. Jones: If I may, Mr. Hernandez? The Mayor did request the legal opinion upon taking
office relative to the question you have asked. And, my humble opinion, I opined that the
position as we knew it, as City Manager, under the City Manager/ Commission form of
government became vacant at the time that the Mayor was elected. So, I don't think that there is
any further action that you need to take in that regard.
Commissioner Plummer: I just asked for the record.
Chairman Hernandez: OK. So, therefore, for the record, we would like to hear from Chief
Warshaw to state if he was appointed City Manager from November 16, 1997 through the period
in which Albert Ruder was appointed City Manager by the Mayor, on November 19, 1997.
28 November 26, 1997
Police Chief Warshaw: Mr. Chairman, I am trying to digest all this as I am listening to it. And,
let me tell you that, at the first Department Director's meeting that was called by the Mayor on
Monday, November 16th, there were certain instructions given to various of the directors who
were at that meeting. And, as the meeting wore on, more of those instructions started to be given
to me in which the Mayor told me to fire certain people, take the resignations of all of my
colleagues and peers. And, over a period of time, as the meeting wore on, kind of pointed all of
those things in my direction at which I point I suggested to him that he involve Sue Weller, the
Labor Relations Officer because there could be liability issues that could bring the City problems
down the road and he agreed and concurred that I work with Sue Weller, to do this. During that
meeting as I said, he directed me to fire certain employees and those resignations subsequently
were submitted to Ms. Weller. At the end of the meeting, because he never actually said to me,
you are the, quote, "City Manager." I spoke with his attorney who was sitting right next to him
at the meeting, Mr. Bartell, and I asked him on what legal grounds he is making me the City
Manager? And, he pointed to me the provision in the Charter that said something to the effect
of, that the Mayor has the right in the absence of a City Manager, to temporarily appoint
someone to be the Executive Officer of the City. And, that was the position to which Mr. Bartell
told me that the Mayor was appointing me to. The only thing that I would want to add, that
Commissioner Teele said, as that day wore on, it became obvious to me that not only was I not
going to be the Manager, but I probably wasn't even going to be the Police Chief. So, I couldn't
honestly tell you that I functioned as the Manager beyond Monday, starting on Tuesday, I was
already negotiating to keep my own job as Police Chief. So, it was kind of a bizarre week for
me. But, I did receive that direction from the Mayor on Monday and I guess I could say
honestly, that I carried out some of those things that he asked me to carry out on that day only.
Chairman Hernandez: So, it's fair to say, that at some point in time, you were acting as the City
Manager of the City of Miami.
Police Chief Warshaw: Yes, sir.
Chairman Hernandez: OK, thank you very much.
Commissioner Regalado: Mr. Chairman, if I may? Now, that we have Chief Warshaw. Could
you tell us, and tell of course, the people of Miami, through the media and through this forum,
how the process of you being asked to resign came about?
Police Chief Warshaw: Wow!
Commissioner Regalado: If that was given to you clearly or?
29 November 26, 1997
Police Chief Warshaw: Well, as I said, as Monday wore on, I became somewhat sensitive to the
fact that after the Mayor asked me to function as the Executive Officer, he left the room. And,
up until yesterday, I had never had any direct contact with him. So, I was kind of curious on
Monday, if I was going to be given such an awesome responsibility to be City Manager. It was
odd to me that the person who I was going to be reporting to, didn't even speak to me. So, I
started making some inquiries particularly through his attorney, Mr. Bartell, and it became
obvious to me, in discussions with him that the Mayor didn't want me as Manager or Police
Chief. And, very soon after that, it pretty much came to me that they wanted me to leave by
Friday, which I said, under no circumstances would I do that. I have worked here too long, it
was kind of quick. So, I negotiated for some kind of an extension and I was told the Mayor was
very hard and fast, that he wanted me out of here by Friday. And, I said, there is no way, Mr.
Mayor. Not, directly to him, of course. And, then as the week wore on, beginning on
Wednesday, and ending up on Thursday, I met with his attorney and an attorney I chose, and
then subsequent to that on Thursday, after Mr. Ruder was appointed, I met with Mr. Ruder, Ms.
Weller, Jeffrey Bartell, Jerry Wolfson, myself. At which time, we finalized that agreement, that
memorandum of understanding, sometime late Thursday.
Commissioner Regalado: I understand that there are problems with... I have read there are
problems with the Oversight Board and any agreement that you have reached?
Police Chief Warshaw: Well, I am not sure. I mean, I never asked for all this to happen. So,
now I am being told that some of the things that I have done, might have problems. There is an
Oversight Board problem. To be honest with you, some of it is a little bit confusing to me
because it wasn't. something that I really had planned. And, if I had planned it, I think I would
have had my mind in a more orderly fashion. I might also add that, and I must say this on the
record, and the Chairman asked me, and Commissioner Teele asked me, and I want to be very
honest. I met with the Mayor for the first time yesterday. And, it was the first public or private
discussion I had with him. And, he told me at that meeting, that... And, back tracking in time,
that he was discussing with Mr. Ruder the position of City Manager for five days prior to the day
that he was appointed. And, he told me yesterday, that during those discussions with Mr. Ruder,
Mr. Ruder told him that there was no way that he would want me as Police Chief. And, of
course, I told him that I thought that was a lie.
Commissioner Regalado: Technically, if we have problems with the Oversight Board, you then
have not presented your retirement. Is that correct?
Police Chief Warshaw: Right. This package that I signed is a memorandum of understanding,
that for the most part says, that in anticipation of my retiring, it's not saying I am going to retire.
It says in anticipation of retiring on the second of January, if I leave, these are the things that will
be given to me, in terms of benefits. So, it's not a contract to leave. It's a contract of benefits
that says, if I go on the second of January, I will accrue pension, and vacation time and various
other benefits.
Commissioner Regalado: So, January 2nd, is not a definite date?
Police Chief Warshaw: No, sir.
.Commissioner Regalado: Thank you.
Commissioner Teele: Mr. Chairman.
Chairman Hernandez: Yes, Mr. Teele.
Commissioner Teele: Based upon the resolutions that I have prepared, I would like to amend it
so that it reflects the testimony of Chief Warshaw and eliminate after the word ending, upon the
30 November 26, 1997
Mayor's. Eliminate, "upon the Mayor's appointment" and say... "and ending on November 17th
or November 18th." What's the date? Appointed beginning on November 16th and appointed
on and ending on November 17th or 18th.
Police Chief Warshaw: Well, Commissioner, with all due respect. I didn't do anything as City
Manager, beyond the first day. So, nobody ever told me that my services wouldn't be needed.
So, whatever happened on the second and third day, I don't want to have any responsibility for
it, because I did nothing, had no contact with the Mayor or anybody else.
Commissioner Teele: So, ending on November 17th?
Police Chief Warshaw: Right. Or, at the end of the day on the 16th.
Chairman Hernandez: Commissioner Teele, I would like to address something. If supposedly
you started your official capacity as Acting City Manager on the 16th. Or, whether you were
doing anything else after the 16th I think is irrelevant. The bottom line is that you were Acting
City Manager through the time period where the Mayor appointed Albert Ruder.
Police Chief Warshaw: Well, I guess, technically that's true. But, I must tell you, in all honesty,
no one ever told me at any point, that you are no longer the acting City Manager. I just kind of
found it out by myself.
Chairman Hernandez: I understand. I think, Commissioner Teele...
Commissioner Teele: Hold on a minute.
Chairman Hernandez: ... we won't amend it. Exactly. I think the date should stay as November
19th for the record, 1997. Thank you, very much, Chief. Let's..
Police Chief Warshaw: Thank you.
Commissioner Teele: I move the item, Mr. Chairman.
Chairman Hernandez: OK, we are going to move the item as it stands. Mr. Ruder.
Commissioner Plummer: Wait, wait. Which item are you? Are you moving this one or item 3-
A?
Commissioner Gort: This one.
Chairman Hernandez: We are moving first the resolution as stated by the City Attorney. We
have a motion by Commissioner Teele. Is there a second?
Commissioner Plummer: Second.
Chairman Hernandez: There is a second by Commissioner Plummer. All those in favor say
"aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against? A unanimous vote.
31 November 26, 1997
E
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 97-811
A MOTION RATIFYING APPROVING AND CONFIRMING MAYOR XAVIER L.
SUAREZ' APPOINTMENT OF DONALD H. WARSHAW AS CITY MANAGER
NUNC PRO TUNC FOR THE PERIOD BEGINNING ON NOVEMBER 16, 1997 AND
ENDING ON NOVEMBER 19, 1997.
(Note: Immediately thereafter, the City Commission, per R 97-811.1, corrected the
above -cited motion concerning the effective date of Donald Warshaw's tenure as City
Manager.)
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Mr. Albert Ruder (City Manager): Excuse me, Mr. Chairman, I think Monday was the
seventeenth. So, the meeting that Chief Warshaw referred to, the staff meeting was on the 17th.
I was appointed on the 19th, which was Wednesday. So, the resolution, I believe if... I don't
have it in front of me, but I believe it was the 16th.
Chairman Hernandez: Beginning on the 17th and ending on the 19th, is what you are saying?
Mr. Ruder: Yes. On the 19th at 12:00 noon approximately, I was announced as the City
Manager.
Chairman Hernandez: OK, Commissioner Teele would like to amend it then, to say November
17th initiating date and ending on November the 19th. ,.
Commissioner Plummer: I guess.
Commissioner Teele: All those in favor.
Chairman Hernandez: All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: Those against? Unanimous vote.
32 November 26, 1997
E
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 97-811.1
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING MAYOR
XAVIER L. SUAREZ' APPOINTMENT OF DONALD H. WARSHAW AS CITY
MANAGER NUNC PRO TUNC FOR THE PERIOD BEGINNING ON NOVEMBER
17, 1997 AND ENDING UPON THE MAYOR'S APPOINTMENT OF ALBERT
RUDER AS CITY MANAGER ON NOVEMBER 19, 1997.
(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 Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Chairman Hernandez: We go back to item 3-A as to the appointment or reconfirming of the City
Mayor.
Commissioner Plummer: Mr. Chairman, I move the ratification of this Commission of the
Executive Mayor's choice with as you have outlined the executive package including a car
allowance, a phone allowance, an expense allowance. That's enough, isn't it?
Chairman Hernandez: And, that's enough.
Commissioner Plummer: That's enough?
Chairman Hernandez: And, that's as stated in concurrence with what the Commissioners
package have.
Commissioner Plummer: Absolutely. I so move.
Chairman Hernandez: Moved by Commissioner Plummer. Is there a second?
Commissioner Regalado: Second.
Chairman Hernandez: Second by Commissioner Regalado.
Commissioner Teele: Discussion.
Chairman Hernandez: Discussion item, please.
Commissioner Regalado: Mr. Chairman, if I may?
33 November 26, 1997
Chairman Hernandez: Sure.
Commissioner Regalado: I have very gladly seconded this motion. Because, I have known Al
Ruder for many, many years. I have worked with him for a year and a half and I feel that he is a
good human being. A person that worries about the little people, the problems that the poor
people have. So, I will be very happy to vote and work with Albert Ruder. The only thing that I
have said on the press, publicly and I wanted to say it here for the record, is that I believe that the
Mayor of Miami should have consulted or should have advised the members of this Commission.
At least this Commissioner was not told that Mr. Ruder was going to be appointed. I feel that if
we all have to work with the City Manager, the Mayor should have told us, at least, I don't know
about the other members of the Commission. He didn't tell me why or who he was appointing
as City Manager. I am so happy with this appointment, but it just so happened that I like Al
Ruder and it just so happens that I have known him. But, in other cases, I would ask the Mayor
as I have asked the Mayor through the media to keep us informed because we do represent the
people of Miami. And, I just hope that we begin this new era working together and not having to
complain to the people of Miami and through the media to the people of Miami about this
oversight. So, this is what I wanted to be said on the record. I support Al Ruder. I was happily
surprised. But, I was troubled by the fact that the Mayor of the City of Miami did not inform this
member of this Commission. And, I hope that this would not happen again. Thank you.
Chairman Hernandez: It's a point well taken, Commissioner Regalado. And, I agree with your
sentiments as to the quality and the capabilities of our new City Manager, Albert Ruder.
Commissioner Gort: Mr. Chairman.
Commissioner Teele: Mr. Chairman.
Commissioner Gort: Mr. Chairman, on behalf of Mr. Ruder. I have worked with him even
before I was elected. And, he has done a wonderful job in here, with our Parks Department. He
has worked throughout the whole community, and that's one of the things that I like about him.
He is able to establish programs in our Parks Departments, to work with the School System to
help the kids. He has also worked with the local individuals to have programs to make sure that
we get the kids some activities to the kids. For that reason, I will be in support of this.
Commissioner Plummer: Mr. Chairman, I have...
Chairman Hernandez: Commissioner Plummer.
Commissioner Plummer: Mr. Chairman, I preferred, Walter Mercado. But, he was not
available, so I am saddled with Al. So, I... That's fine.
Chairman Hernandez: Beautiful.
Commissioner Plummer: More or less, you know. Mas'o mends.
Chairman Hernandez: As a formality, before we go on to items four and five, which have been
withdrawn, I think it's at this point in time, we need to swear in our new City Manager, Albert
Ruder.
Commissioner Regalado: Do we need to vote, first?
Commissioner Teele: May I? May I?
34 November 26, 1997
Chairman Hernandez: Yes, we have to vote.
Commissioner Teele: May I inquire, Mr. Chairman?
Chairman Hernandez: Sure.
Commissioner Teele: Mr. Chairman, again...
Commissioner Plummer: When did we swear in a City Manager?
Commissioner Teele: Again, Mr. Chairman, and members of this Commission. I am... I think
this Commission which clearly has duties and responsibilities, should take this job very
seriously. I am learning, but I am not prepared to... I am not prepared to just join a stampede. If
you know anything about me, in terms of my own background, my political affiliation, these
kinds of things. I am not a stampede joiner. That gets you into a lot of trouble too, sometimes.
The Charter is very clear, what our duties are. And, I would like, Mr. Chairman to basically
understand exactly what we are doing here. Mr. Ruder, do you have a resume?
Mr. Ruder: Yes, I do.
Commissioner Teele: Could you provide it to me? The Mayor has not provided me with the
resume.
Mr. Ruder: Certainly. No problem.
Commissioner Teele: The Charter says specifically, that the Commission shall fix the
compensation. Mr. Ruder, has your compensation been fixed?
Mr. Ruder: Not officially.
Commissioner Teele: All right. That's what we are here to do today.
Chairman Hernandez: Right.
Commissioner Teele: And, I would like to... Mr. Chairman, with your indulgence, I would like
to just do what the Charter says do. I don't want to do anything different or anything innovative.
Let's just follow the law. Let's just follow the Charter. Commencing with the election of the
Mayor, in 1987, 1997, the Manager will be head of the administrative branch. The Commission
shall fix the Manager's compensation and the Manager shall serve as provided. The Manager
shall be chosen on the basis of the Manager's executive and administrative qualifications. I
would like for the record, and for the Clerk to, have on the record what your qualifications are,
Mr. Ruder. I would also like to know, Mr. Ruder, have you had the opportunity to read the legal
opinion that was issued, that I requested, regarding the responsibility under the present Mayor -
Commission form of government?
Mr. Ruder: I just received it this morning. I have glanced through it, but I have not had a chance
to read it in detail, and I...
Commissioner Teele: It's nothing, it's nothing new. There is no new precedent here. Have you
had the opportunity to read Section 16 of the Charter?
Mr. Ruder: I have read it before when I read the Charter.
Commissioner Teele: Well, it empowers the Manager to appoint all department heads who serve
directly and serve at your pleasure. Now, Mr. Ruder, in accepting this appointment, which
35 November 26, 1997
clearly four of my colleagues are prepared to ratify, I want to be very clear. Do you understand
that that is your power and your power alone?
Mr. Ruder: Yes.
Commissioner Teele: It also says that you have the authority to remove any department head.
However, if you remove the Police Chief, or the Fire Chief, there are certain limitations. Do you
understand what those limitations are, and do you embrace and acknowledge those limitations?
Mr. Ruder: Yes, sir.
Commissioner Teele: It also prohibits myself and all of my colleagues from interfering with you
in your appointment of persons. And, it also by the way, it prohibits specifically, the Mayor
from interfering with your appointments or removal of subordinate managers. Do you
understand those and are you... Do you feel tree to carry out your duties as Manager,
understanding those provisions and those prohibitions?
Mr. Ruder: Yes, I do.
Commissioner Teele: The Chief matter is a very sensitive matter, and I certainly will not do
anything to alter the balance right now. But, I would like the opportunity to meet with you
privately today, to understand exactly what your intensions are regarding the two officers that
this Commission, the Fire Chief and the Police Chief. And, in a perfect world, I would have met
with you beforehand, and asked you your intentions privately. And, I will certainly will not use
this forum to do so. But, your decision on those two officers, directly reflects and directly
affects this Commission. And, I want that to be on the record. Also, the Charter specifically
prohibits certain things and certain actions. There is a second opinion involving the engagement
of outside counsel, auditors and CPAs (Certified Public Accountants). Have you had an
opportunity to review that?
Mr. Ruder: I have read the whole Charter, but I need to spend more time in reading all the
provisions.
Commissioner Teele: Essentially the Charter builds a firewall between you and the guy or the
woman, should there be one, sitting next to you, the attorney. Your duties are totally separate
from the duties of the City Attorney, and in that regard, the responsibility of outside counsel, and
outside CPAs are with the City Attorney. With the... on the City Attorney's side through the
City Commission, in the case of the City Attorney. Do you understand that the sole authority for
dealing with legal matters today, and I have heard something, that of course, it's obviously this
Commission needs to address on an emergency basis today. But, do you acknowledge that the
sole authority for dealing with the law belongs with the Law Department?
Mr. Ruder: Yes.
Commissioner Teele: And, that the City Manager has no matters involving that department?
Mr. Ruder: Yes.
Commissioner Teele: All right. Finally.
Commissioner Plummer: Excuse me. Follow-up on that because you had a second part to that,
as to the auditors. That is within the purview, as I understand it, of the City Manager, to
recommend to this Commission, and this Commission makes of course, the final decision.
Auditors is on the City Managers, if I am not mistaken.
36 November 26, 1997
Commissioner Teele: You are correct.
Commissioner Plummer: And, on the law, it's the City...
Commissioner Teele: And, the opinion... The opinion, and I may have misstated.
Commissioner Plummer: OK.
Commissioner Teele: You are correct. You are absolutely correct, and I stand corrected.
Mr. Ruder: And, I understand that.
Commissioner Teele: All right. Then, finally, Mr. Ruder. I must tell you, independent of your
resume, I have had the opportunity to work with you in the community. You are one
extraordinary individual. I have known of no one in the City of. Miami, no one, that could have
stepped in at the time you have, with the kind of background and compassion and
professionalism and commitment that you have. I wholeheartedly commend the Mayor, Mayor
Suarez for his judgment in selecting you. And, I know that the citizens of the City of Miami, in
all five districts, will be fairly and equally served because of your commitment, your
demonstrated commitment and your compassion. And, you will have the fullest cooperation
from my office and from me in assisting you in any way that you and the Mayor feel it's
appropriate. And, I just want to commend you, I just want the record to be clear. And, I
certainly will be casting my vote along with my four colleagues to make your selection
unanimous, because you are one great Manager. I only hope you would get the right salary level
in here while we are doing this, because this is one bite at the apple, as I read it; or at least it's
supposed to be.
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: I would like to see if we can include into the motion, the total salary. My
understanding is, it was a lot lower than what was... any previous Manager was paid before.
And, I also. My understanding is, you didn't have a chance to meet with each one of us, because
I know when I met with you, I have asked all of the questions that are being asked today, and
you were able to answer. You were not able to meet with Commissioner Teele?
Mr. Ruder: No. Commissioner Teele and I have met one time.
Commissioner Gort: Oh.
Mr. Ruder: You know, the days have gone by so fast, I can't remember when. But, we met one
time already.
Commissioner Gort: I understand, but I think it is important, and stressing what Teele is saying
is, you talk to each one of us and put us up-to-date.
Mr. Ruder: OK.
Commissioner Gort: Thank you.
Mr. Ruder: Thank you.
Commissioner Regalado: It is also important, Mr. Ruder that after you meet with Commissioner
Teele, that at least you tell us... I want to know what are your ideas on the Chief of Police and
37 November 26, 1997
the Chief of the Fire Department. It is very important. As Commissioner Teele said, it's a very
sensitive issue. But, we ought to know and when you tell us your ideas, then we will decide as a
body what to do.
Mr. Ruder: OK.
Commissioner Regalado: So.
Commissioner Plummer: Where are we?
Chairman Hernandez: Salary -wise.
Commissioner Teele: Is there a salary number?
Chairman Hernandez: No. Commissioner... Mr. Ruder, can you state the amount of salary that
was negotiated for your contract?
Mr. Ruder: I am currently making approximately 89, as the Parks Director. And, I was... The
salary that was indicated to me was 95.
Chairman Hernandez: So, we have a ninety-five thousand dollar ($95,000) salary. We have the
regular executive package that you enjoy today, plus car allowance, and total allowance
consistent to what the Commissioners have in existence, right? Is that right? Are you ready?
Commissioner Regalado: I am ready. I'm just that... Who indicated the salary? That's all.
Mr. Ruder: The Mayor. That would be the one that a salary that, that I... you know, if I was
willing to accept that salary.
Chairman Hernandez: I think it's important to state that in comparison to our prior City
Manager, who had a flat base salary of one hundred and thirty-nine thousand dollars ($139,000),
we are getting a much more inexpensive City Manager. So, I think a six thousand dollar
($6,000) raise is not much.
Commissioner Regalado: Mr. Chairman, are we going to deal today with the Mayor's salary or?
Chairman Hernandez: Yes, we need to talk about that too. OK, so we have a motion on the
floor by Commissioner...
Commissioner Gort: We will take it from...
Chairman Hernandez: We have a motion from Commissioner Plummer and it's second by
Commissioner Regalado.
Commissioner Plummer: Mr. Chairman, just for the record. I want it clearly understood with
Mr. Ruder. Mr. Ruder, in no way shape or form, that what we are doing here now, constitutes a
contract. Do you understand that?
Mr. Ruder: Yes, I do.
Commissioner Plummer: You serve at the whim of the Mayor, unless vetoed by four -fifths vote
of this Commission.
Mr. Ruder: I understand that.
38 November 26, 1997
Commissioner Plummer: But there is no contract.
Mr. Ruder: Right.
Chairman Hernandez: That was the wrong terminology.
Commissioner Plummer: I just want to make sure that we understand, if we haven't learned our
lesson by what's taking place here in the last three months. I have never voted for a contract for
anybody in this City and I will not vote for a contract. And, I think that we maybe learned our
lesson, I hope we did.
Chairman Hernandez: He's an "at will" employee, as we speak. We have a motion, we have a
second. All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against? We have a 5-0.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-812
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING MAYOR
XAVIER SUAREZ' APPOINTMENT OF ALBERTO RUDER AS CITY MANAGER
OF THE CITY OF MIAMI, FLORIDA, EFFECTIVE NOVEMBER 19, 1997;
FURTHER FIXING AND ESTABLISHING THE SALARY AND COMPENSATION
FOR SAID CITY MANAGER.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
39 November 26, 1997
•
-- -------------------------------------------------------------------------------------------------------------
10. PERSONAL APPEARANCE: CAROL ROMINE -- GRANT REQUEST FOR
SALE OF ALCOHOLIC BEVERAGES FOR NATIONS BANK COCONUT
GROVE ARTS FESTIVAL -- SCHEDULED FOR FEBRUARY 14-16, 1998.
Commissioner Plummer: I move item six.
Commissioner Gort: Second.
Chairman Hernandez: Item number six. We have a motion by Commissioner Plummer. A
second by Commissioner Gort. All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against?
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-813
A RESOLUTION RELATED TO, THE COCONUT GROVE ARTS FESTIVAL,
CONDUCTED BY THE COCONUT GROVE ASSOCIATION, INC., TO BE HELD
ON FEBRUARY 14 - 16, 1998; AUTHORIZING THE CITY MANAGER TO ISSUE A
THREE-DAY PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES DURING
SAID EVENT IN THE AREA OF MCFARLANE ROAD, FROM GRAND AVENUE
TO SOUTH BAYSHORE DRIVE, GRAND AVENUE FROM MCDONALD STREET
TO MARY STREET, COMMODORE PLAZA FROM GRAND AVENUE TO MAIN
HIGHWAY, MAIN HIGHWAY FROM CHARLES AVENUE TO MCFARLAND
ROAD, FULLER STREET FROM GRAND AVENUE TO MAIN HIGHWAY, AND
SOUTH BAYSHORE FROM MCFARLAND ROAD TO DARWIN STREET IN
COCONUT GROVE, MIAMI, FLORIDA; SAID AUTHORIZATION CONDITIONED
UPON THE ORGANIZERS: (1) OBTAINING ALL PERMITS REQUIRED BY LAW,
INCLUDING BUT NOT LIMITED TO A TEMPORARY PERMIT TO SELL
ALCOHOLIC BEVERAGES BY THE FLORIDA DEPARTMENT OF BUSINESS
REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,
PURSUANT TO SECTION 54-12.1 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED; (2) PAYING FOR ALL NECESSARY COSTS OF CITY
SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT; (3)
OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE; AND (4)
COMPLYING WITH ALL CONDITIONS AND LIMITATIONS AS MAY BE
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
40 November 26, 1997
•
•
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Commissioner Plummer: Seven and eight as I understand it, either withdrawn or deferred.
Chairman Hernandez: That is correct.
Commissioner Plummer: I move item nine.
Chairman Hernandez: I don't know about number eight. Where did you get that eight was
withdrawn?
Mr. Albert Ruder (City Manager): Yeah, eight has been withdrawn.
Commissioner Plummer: Yeah, eight was with...
Chairman Hernandez: OK. I don't have it on my list. Items numbers seven and number eight
have been withdrawn. We moved on to item number nine.
Commissioner Plummer: Excuse me. I understand seven was deferred, eight was withdrawn.
Chairman Hernandez: All right. Correction for the record. Seven has been deferred and item
number eight has been withdrawn.
--------------------------------------------------------------------------------7-------------------------------
11. (A) EMERGENCY ORDINANCE: AMEND 11395, "VICTIMS OF
CRIME ACT' -- ACCEPT GRANT FROM STATE ATTORNEY
GENERAL'S OFFICE -- INCREASE APPROPRIATIONS BY
$7,980.08.
(B) DISCUSSION OF FORMER CITY MANAGER MARQUEZ
SALARY -- POSSIBLE LITIGATION.
Commissioner Plummer: And, I move item nine.
Chairman Hernandez: There is a motion for item number nine. Is there a second?
Commissioner Regalado: Second.
41 November 26, 1997
Chairman Hernandez: Second by Commissioner Regdlado. Discussion.
Commissioner Plummer: It's an emergency ordinance.
Chairman Hernandez: Discussion. Emergency ordinance. Read the ordinance, please.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Chairman Hernandez: OK, before we vote, Mr. Gonzalez-Goenaga, you have got two minutes.
Mr. Manuel Gonzalez-Goenaga: Yes. As a way of introduction, I want to welcome this
Commission, especially Papa Teele that has come from the big leagues to the minor leagues, but
still we love you. Remember, Levan said "I love you, Miami." And, I am in full accord with
this emergency ordinance and I wish we could get much more grants for the victims of crime to
see if something comes to my pocket. Thank you, very much.
Commissioner Plummer: Mr. Goenaga, would you return the suit to the funeral home when you
are finished with it, please?
Chairman Hernandez: Yes, sir. Can you state you name and address for the record, please?
Mr. Joaquin Pujol: Yeah, my name is Joaquin Pujol. I live in 2003 Southwest 25th Street,
Miami, Florida. Distinguished Chairman, Commissioners. The only question I got is, where is a
position for Mr. Marquez at this moment? They are going to pay the salary for the two-year
contract? Who is going to answer that question?
Chairman Hernandez: Presently, I will pass that question to the City Attorney which would have
the status on that.
Mr. Pujol: Beside that, before he will answer my question. I want to see his face first, and why
they are going to try to fire the City Attorney? Because, he is a fair man, he is a good man. He
is a good City Attorney.
Commissioner Plummer: Mr. Chairman.
Mr. Pujol: But, they want to change it.... My question is, again. What we are going to do with
the salary of Mr. Marquez?
Chairman Hernandez: OK. Well...
Commissioner Plummer: Mr. Chairman.
Chairman Hernandez: Yes.
Commissioner Plummer: I would prefer that not be referred to the City Attorney. It's obviously
going to be a part of litigation, and I don't think the City Attorney should be put on the record
unless he wants to.
Mr. A. Quinn Jones (City Attorney): I am not going to respond to it.
Commissioner Plummer: OK. It is a matter of...
42 November 26, 1997
Chairman Hernandez: Well, I just wanted him to state on the record that we are contesting.
Commissioner Plummer: ... potential litigation and...
Chairman Hernandez: Right.
Mr. Jones: Yeah. Let me just state for the record because of the possibility of imminent
litigation, I refuse to discuss that before you. If any of the Commissioners want to be briefed.
You will be briefed, not if you want to be briefed. You will be briefed at some point in time.
Chairman Hernandez: The bottom line is, that both sides are contesting the contract, correct?
Mr. Jones: That's correct.
Chairman Hernandez: That's what is going on. As to the issue of the City Attorney, we have
already gone by that item, so that's been closed to the public.
Mr. Pujol: The point is... The point is, then the City of Miami, the citizens of the City of Miami
are going to pay for, for the person, he is not going to work for the City anymore. And, I think
it's not a good idea. I think it's like a... in the picture of Godfather. It's not personal, it's
business. That's business. That's our money.
Chairman Hernandez: Correct.
Mr. Pujol: Why are we going to pay for the guy, he is going to sit in a house.
Chairman Hernandez: But, we don't know about that yet. We're... Like you said, both sides are
contesting the issue.
Commissioner Plummer: Mr. Chairman, this conversation is out of order with pending
litigation.
Mr. Pujol: I don't have nothing against the new City Manager.
Chairman Hernandez: We cannot continue to speak on the topic.
Mr. Pujol: Yes, but still, still it's our money.
Commissioner Plummer: Sir, you can appear at the trial, if there is a trial. But, to discuss an
issue that is pending litigation is out of order. Mr. Chairman, I...
Chairman Hernandez: OK, we move on item 10, sir. Thank you, very much for your comments.
Chairman Hernandez: Item number ten.
Commissioner Plummer: You have got to call two rolls on nine.
Mr. Walter J. Foeman (City Clerk): I know. I know.
Chairman Hernandez: What's that?
Commissioner Plummer: You have got to call the roll on nine twice.
Mr. Foeman: You need to call the roll.
43 November 26, 1997
Chairman Hernandez: No nine was withdrawn.
Mr. Foeman: No, he's already read it.
Commissioner Plummer: Nine, not eight. Nine.
Chairman Hernandez: Nine is on the... Correct. We have a motion on item number nine on the
grant.
Mr. Foeman: Yes.
Commissioner Plummer: Did you read nine?
Mr. Jones: Yes.
Commissioner Plummer: He's got to read it and then two roll calls.
Chairman Hernandez: OK.
Commissioner Plummer: We did nine already. I thought you read it.
Commissioner Teele: It's already been read.
Mr. Foeman: It's been read.
Mr. Jones: Nine passed. Nine has been read and passed.
Commissioner Plummer: Yeah. You need two roll calls.
Chairman Hernandez: It's been read and passed.
Mr. Foeman: Roll call, Commissioner Plummer.
Commissioner Plummer: No, I vote, yes. You have got to have two roll calls. We haven't
voted on the issue.
Chairman Hernandez: OK.
Mr. Foeman: We need to call the roll.
Mr. Jones: Mr. Chair, what, what? I am sorry, what? Are we are on ten?
Commissioner Plummer: We are on nine.
Mr. Foeman: No. We are on item nine.
Chairman Hernandez: On number nine we had a motion, we had a second, and now are we
going to have roll call.
44 November 26, 1997
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11395,
ADOPTED AUGUST 23, 1996, WHICH ESTABLISHED INITIAL RESOURCES
AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND
ENTITLED "VICTIMS OF CRIME ACT", THEREBY INCREASING SAID
APPROPRIATION, IN THE AMOUNT OF $7,980.08, CONSISTING OF A
GRANT FROM THE STATE OF FLORIDA, OFFICE OF THE ATTORNEY
GENERAL, AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT
AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE;
CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer and seconded by Commissioner 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 Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Regalado, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11572.
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.
45 November 26, 1997
----------------------------------------------------------------------------------------------------------------
12. (A) SECOND READING ORDINANCE: AMEND CHAPTER 46 OF
CODE, "PUBLIC NUISANCES" -- TO AMEND DEFINITION OF
OPERATOR AND SUBSTANTIATED INCIDENT TERMS --
CHANGE REQUIREMENTS FOR NOTICE PROCEDURES.
(B) COMMISSIONER PLUMMER REQUESTS ORDINANCE
PROHIBITING BUSES FROM IDLING (LEFT RUNNING) FOR
LONG PERIODS OF TIME TO PREVENT NOISE, VIBRATIONS
AND FUMES.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Move item ten.
Chairman Hernandez: There is a motion on item ten, is there a second?
Commissioner Regalado: Second by Commissioner Regalado. Motion by Commissioner
Plummer. All those in favor say "aye."
Commissioner Plummer: No, this is an ordinance.
Mr. Walter J. Foeman (City Clerk): It an ordinance.
Chairman Hernandez: Absolutely. We have got an ordinance here. Go ahead and read it.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC _
RECORD.]
Commissioner Plummer: Mr. Chairman, under discussion, if I may?
Chairman Hernandez: I don't know if you all received, and this is a nuisance ordinance. Mr.
City Manager, I asked the City Attorney some months ago to find an ordinance from New York
City in reference to busses that are left running for hours and hours. City Attorney, do you
remember?
Mr. A. Quinn Jones (City Attorney): Vaguely. Yeah, I do.
Commissioner Plummer: I have received and I am sure all of you did, complaints from out on
Main Highway, in particular, Coconut Grove Playhouse, where they have left these buses
running for hours upon hours and will not shut them off, they won't move them. I would like to
have brought back to this Commission, at the next Commission meeting, to enforce the
ordinance that says that buses cannot be left running for more than five minutes. If it is, they are
ticketed or towed. I think it is a fair ordinance where we have residential property abutting, that
those people should have to be kept out, not only with the noise as they have said, the fumes and
the vibrations. Right now, they call the Police Department and the Police Department says,
"there is no prohibition." I would like that ordnance brought back up, even on an emergency
basis, so that we can stop this abuse of residential property, in particular, but abuse overall. I
have the same problem at Bayfront Park. Thank you, Mr. Chairman.
Chairman Hernandez: Is that for the December 9th meeting, or the January?
Commissioner Plummer: As early as you can, to stop this thing from happening in the future.
46 November 26, 1997
Chairman Hernandez: Walter, can you call the roll call?
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 Regalado, and
was passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L.- Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11573.
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.
----------------------------------------------------------------------------------------------------------------
13. FIRST READING ORDINANCE: AMEND SECTION 40-245 OF CODE --
PROVIDE FOR INVESTMENTS TO BE MADE IN ASSET BACKED
SECURITIES FOR MEMBERS OF GENERAL EMPLOYEES" AND
SANITATION EMPLOYERS' RETIREMENT TRUST.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I move 12.
Chairman Hernandez: Item 11 has been withdrawn. Item 12, there is a motion by
Commissioner Plummer, is there a second?
Commissioner Regalado: Second.
Chairman Hernandez: Second by Commissioner Regalado.
Commissioner Plummer: Read the ordinance. Roll call.
47 November 26, 1997
An Ordinance entitled -
AN ORDINANCE AMENDING SECTION 40-245 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA A S AMENDED, BY PROVIDING FOR INVESTMENTS TO BE
MADE IN ASSET BACKED SECURITIES FOR MEMBERS OF THE CITY OF
MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST ("GESE TRUST"); CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE.
was introduced by Commissioner Plummer, seconded by Commissioner Regalado, and
was passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
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.
14. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE
FUND "FEMA / USAR GRANT AWARD (FY '96-97) -- ACCEPT GRANT
FROM FEDERAL MANAGEMENT AGENCY -- FOR EQUIPMENT /
TRAINING / MANAGEMENT / ADMINISTRATION OF TASK FORCE
AFFAIRS.
Commissioner Gort: Move 14.
Commissioner Plummer: Second.
Chairman Hernandez: Item 14 is moved by Commissioner Gort, seconded by Commissioner
Plummer. Read...
Commissioner Regalado: So, item 13, has been withdrawn, right?
Commissioner Plummer: Yes.
Chairman Hernandez: Yes, sir.
Commissioner Regalado: OK.
Chairman Hernandez: Roll call, Mr. City Clerk.
48 November 26, 1997
An Ordinance entitled -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "FEMA/USAR GRANT AWARD (FY'96-97)" AND APPROPRIATING
$76,500.00 TO SAID FUND; AUTHORIZING THE CITY MANAGER TO ACCEPT A
GRANT FROM THE FEDERAL MANAGEMENT AGENCY ("FEMA") FOR
EQUIPMENT, TRAINING, MANAGEMENT AND ADMINISTRATION OF TASK
FORCE AFFAIRS AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT
ACCEPTANCE OF SAID GRANT; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
was introduced by Commissioner Gort, seconded by Commissioner Plummer, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
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.
----------------------------------------------------------------------------------------------------------------
15. FIRST READING ORDINANCE: ESTABLISH NEW REVENUE FUND
"ALTERNATIVE FUEL VEHICLE GRANT PROGRAM" -- ACCEPT $96,095
GRANT FROM SOUTH FLORIDA REGIONAL PLANNING COUNCIL.
Commissioner Plummer: Move 17.
Commissioner Gort: Second.
Chairman Hernandez: Items 15, 16 have been withdrawn. We move to item 17. Moved by
Commissioner Plummer
Commissioner Gort: Seconded by Commissioner Gort.
Chairman Hernandez: Roll call.
49 November 26, 1997
.0 6
An Ordinance entitled -
AN- ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "ALTERNATIVE FUEL VEHICLE GRANT PROGRAM" AND
APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF
$96,095.00, CONSISTING OF A GRANT FROM THE SOUTH FLORIDA REGIONAL
PLANNING COUNCIL ("SFRPC") FOR THE PURCHASE OF SI ELECTRIC CARS
FOR USE IN THE MIAMI RIVERSIDE CENTER CAR POOL FLEET;
AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD
FROM SFRPC AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF
SAID GRANT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
was introduced by Commissioner Plummer, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
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.
---------------------------------------------------------------------------------------------------------------
16. FIRST READING ORDINANCE: AMEND CHAPTER 42, ARTICLE VI,
SECTIONS 42-82 THROUGH 42-85 OF CODE, "VEHICLE
IMPOUNDMENT"
Commissioner Gort: Move 18.
Commissioner Plummer: I'll second it. Discussion.
Chairman Hernandez: We have got a motion by Commissioner Gort, seconded by
Commissioner Plummer. Read the ordinance.
Commissioner Plummer: Under discussion.
Chairman Hernandez: Under discussion.
Commissioner Plummer: Someone from the Police Department. What does this do that we
didn't do on the first inception of... in putting this in?
Police Chief Warshaw: I would defer it to the City Attorney, because basically, this is just
cleanup language. This program has been working very successfully. As a matter of fact, the
50 November 26, 1997
collection rate has been almost beyond what we expected. And, I think we have collected so tar
about 150,000 as of the last time I looked at it. It's probably gone up since then.
Commissioner Plummer: That's all?
Police Chief Warshaw: Well, we start... Now, it's up to 172,500. So, that's an awful lot,
considering the short number of months by the time we got it started.
Commissioner Plummer: OK. I think you could do that much on Grand Avenue in one night.
Police Chief Warshaw: Well, we are working on that, sit.
Commissioner Gott: My understanding is, the major change is the notification from 24-hours to
48-hours.
Police Chief Warshaw: Yeah, and that's it. It's basically just legal cleanup language. None of
the basic concept of the program has been changed.
Commissioner Plummer: OK. Read it.
Chairman Hernandez: Can you read the ordinance, please? Roll call.
An Ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 42, ARTICLE VI, SECTIONS 42-82
THROUGH 42-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, CONCERNING "VEHICLE IMPOUNDMENT"; SETTING FOURTH
NEW PROCEDURES FOR SCHEDULING PRELIMINARY AND FINAL HEARINGS
FOR VEHICLE IMPOUNDMENT CASES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE.
51 November 26, 1997
was introduced by Commissioner Gort, seconded by Commissioner Plummer, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
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.
----------------------------------------------------------------------------------------------------------------
17. INCREASE COMPENSATION UNDER CONTRACT BETWEEN CITY AND
LAW ENFORCEMENT PSYCHOLOGICAL AND COUNSELLING
ASSOCIATES, INC -- FOR PROVISION OF PRE -EMPLOYMENT
SCREENING AND PSYCHOLOGICAL COUNSELLING SERVICES -- FOR
POLICE DEPARTMENT -- ALLOCATE $104,050 FROM ACCT CODES
001000.290201.6.270 AND 001000.290201.6.2600.
Chairman Hernandez: Item 19.
Commissioner Plummer: Move it.
Commissioner Gort: Second.
Chairman Hernandez: Moved by Plummer, seconded by Commissioner Gort. Can you read the
ordinance, please?
Commissioner Plummer: No it's a resolution?
Chairman Hernandez: It's a resolution. All right, all those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against? Unanimous vote.
52 November 26, 1997
•
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-814
A RESOLUTION AUTHORIZING AN INCREASE IN COMPENSATION UNDER
THE CONTRACT BETWEEN THE CITY AND LAW ENFORCEMENT
PSYCHOLOGICAL AND COUNSELING ASSOCIATES, INC., FOR THE
PROVISION OF PSYCHOLOGICAL PRE -EMPLOYMENT SCREENING AND
PSYCHOLOGICAL COUNSELING SERVICES FOR THE POLICE DEPARTMENT,
IN THE TOTAL AMOUNT OF $104,000,050; ALLOCATING FUNDS THEREFOR
FROM THE POLICE DEPARTMENT'S GENERAL OPERATING BUDGET,
ACCOUNT CODE NOS. 001000.290201.6.270 AND 001000.290201.6.260.
(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 J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: ` None.
ABSENT: None.
Mr. Manuel Gonzalez-Goenaga: May I address this Commission on this particular issue?
Chairman Hernandez: Sure.
Mr. Gonzalez-Goenaga: Well, as a matter of introduction, I am open to be the interim Chief of
Police in order to avoid any confrontation. But, that's besides the point. The issue is, that if my
memory does not fail, and people have said that I have a memory of an elephant, during Miller
Dawkins times, a few years ago, a lot of money was approved for psychological counselling, and
I vividly remember when Commissioner Dawkins did say that every single existing and new
policemen should be through that procedure. I would like to have a report on that for the citizens
of Miami, because I don't think that we are improving in sensitivity, in compassion. I see more
happy triggers and fraud and deceit within the Police Department. Of course, there are a few
exceptions, but we cannot... Enough is enough. And, if they need one million dollars
($1,000,000) to have better, even education, I will be in full favor for it. Thank you, very much.
Especially, sensitivity. Sensitivity, transparency and let's forget about the Code of Silence
within the Police. That's for the Mafia only. Thank you, very much.
Chairman Hernandez: Thank you, Gonzalez-Goenaga. We have a motion, we have a second.
All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against? Unanimous vote, 5-0.
53 November 26, 1997
0 1 0
-- -------------------------------------------------------------------------------------------------------------
18. DEFER CONSIDERATION OF FINDINGS OF SELECTION COMMITTEE
FOR BROWNFIELDS REDEVELOPMENT PROJECT'S ENGINEERING
SERVICES.
Chairman Hernandez: We move on to item number...
Commissioner Plummer: Move 20.
Chairman Hernandez: Twenty.
Commissioner Regalado: Mr. Chairman...
Commissioner Plummer: Now, wait a minute.
Commissioner Regalado: ... on item 20. I have a problem with this item and I had it before, and
I still have it. I remember that several months ago, we discussed this item and I asked the
administration to explain to me the process because I have had some people tell me that there
was problem in the process of selection through the committee. What I got, was a memo saying
basically that everything was OK. I said at that time, that this City has to be transparent in all the
dealings that we will approve. So, Mr. Chairman, I hope that we can do something with this
item, but I am not at this time prepared to vote. If the rest of the Commission is willing to go
ahead and vote...
Commissioner Plummer: Second the deferment.
Chairman Hernandez: I, I... Under discussion. I have the same concerns of Commissioner
Regalado. I am very much involved in the City of Miami Brownfields project and I have
questions about the selection committee, the actual grading, the experience on those members of
the selection committee. So, we have a motion to defer this item by Commission Regalado. We
have a second by Commissioner Plummer. All those in favor, say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against? Unanimous vote, 5-0.
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 97-815
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 20 (APPROVE THE
FINDINGS OF THE SELECTION COMMITTEE AS THE MOST QUALIFIED
TEAMS, IN RANK ORDER, TO PROVIDE PROFESSIONAL ENVIRONMENTAL
ENGINEERING SERVICES FOR THE CITY OF MIAMI BROWNFIELDS
REDEVELOPMENT PROJECT).
54 November 26, 1997
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
19. (A) APPROVE SALE OF 6.568 ACRES OF REAL PROPERTY
LOCATED AT 1155 N.W. 11 STREET (MUNICIPAL JUSTICE
BUILDING) TO WINN-DIXIE STORES, INC.
(B) INCLUDE FIRST SOURCE HIRING AGREEMENT WITH WINN-
DIXIE STORES FOR PROPERTY AT 1155 N.W. 11 STREET.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Item 21.
Commissioner Plummer: I move it.
Commissioner Gort: Second.
Chairman Hernandez: There is a motion. Second by Commissioner Willy Gort. All those in
favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against?
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-816
A MOTION. APPROVING THE SALE OF THE MUNICIPAL JUSTICE BUILDING
LOCATED AT 1155 N.W. 11 STREET, TO WINN-DIXIE STORES AT A SALE
PRICE OF $5,710,000.
Note for the Record: Immediately after M 97-816 was passed, the Commission modified
said motion and passed R 97-817 including a first source hiring agreement with Winn -
Dixie Stores in connection with property located at 1155 N.W. 11 Street.
55 November 26, 1997
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Commissioner Plummer: Move 23.
Chairman Hernandez: I have a... Before we move on, I have an issue question on the item, even
though we voted and approved it already. On item 21. Dena, has there been a deposit placed in
the City escrow account?
Mr. Dena Bianchino (Asst. Director/Asset. Mgmt.): We have a fifteen thousand dollar ($15,000)
deposit upon signing of the purchase and sale contract. They will give us an additional amount
which would add up to ten percent of the purchase price which is non-refundable, except for two
circumstances.
Chairman Hernandez: When are they going to be tendering that?
Ms. Bianchino: We would be signing the... I could speak with... I presume the contract would
be signed this... by Monday. And, we would...
Chairman Hernandez: By Monday. So, Monday, they have to come up with the rest of the ten
percent.
Ms. Bianchino: Yes. They must come...
Chairman Hernandez: Let me ask you something, because I heard a little rumbling here
yesterday, I was outside. I know that Dade County is obviously interested in this piece of land,
and I know that Winn -Dixie outright won the bid. My question is, possible eminent domain
action by Dade County. I believe there was a letter delivered by the Dade County Mayor,
Miami -Dade County Mayor, yesterday. I have not seen the letter. I assume that the rest of the
Commission has not seen the letter. And, I...
Commissioner Plummer: I have a...
Commissioner Regalado: There is one by Armando Vidal.
Chairman Hernandez: I have not seen that letter.
Commissioner Plummer: I have got a copy of it.
Ms. Bianchino: Sir, I could read it. It's very short.
Chairman Hernandez: Can you please, read that letter?
56 November 26, 1997
Ms. Bianchino: Yes, it's very short. It says, it's addressed to Mr. Albert Ruder. It says, "subject
"Interim Corrections Detention Center: Dear Mr. Ruder: It has come to my attention that the
above facility will be considered for sale to the Winn -Dixie Stores at the City Commission
meeting on Tuesday, November 25, 1997. Miami -Dade County has previously notified the City
of our desire to acquire this property and staff has been in negotiation with the City to purchase
the facility for continued use as a correctional facility. It is respectfully requested that Miami -
Dade County be permitted to finalize the negotiations with the City. Sincerely, Armando Vidal."
Ms. Bianchino: At the present time, there is a signed contract with Winn -Dixie?
Chairman Hernandez: You are... You have just approved us to sign the contract.
Chairman Hernandez: Correct. All right.
Commissioner Regalado: One question. When Winn -Dixie will start construction on the site?
Ms. Bianchino: Well, we have a 60-90 day due diligence period in the contract. I have the
representative here from Winn -Dixie, and he could probably fill you in better on when the
construction might start. Mario. This is Mr. Mario Labrit, who is head of real estate for the
Winn -Dixie Corporation.
Mr. Mario Labrit: Good morning. We are about two week away from completing plans. Once
they are complete, they will go to the Building Department for a permit. And, once permit is
issued, we can start immediately.
Chairman Hernandez: Mark, let me. ask you this question. Upon signing this contract on
Monday, is Winn -Dixie - and I would like to propose before this Commission - willing and able
to put the entire amount of the purchase price in our escrow account, the City of Miami?
Mr. Labrit: I believe the contract call for ten percent of that purchase price, which we are willing
to do.
Chairman Hernandez: Are you willing to go over and above the ten percent? Do you have
authority to say that before the record?
Mr. Labrit: No, I don't. I do not.
Chairman Hernandez: OK.
Commissioner Plummer: Well, wait a minute. When are we going to get the big portion?'
Chairman Hernandez: That's what? That's my question.
Commissioner Plummer: Nah, I... You know, when I sell something, I sell it.
Ms. Bianchino: We...
Mr. Labrit: In closing.
Ms. Bianchino: In closing, which will be...
Commissioner Plummer: When is closing?
Chairman Hernandez: OK, I understand that. When is closing?
57 November 26, 1997
Ms. Bianchino: It would be from 60-90 days from Monday.
Chairman Hernandez: OK.
Ms. Bianchino: And, we are all trying to expedite this process. OK, Chairman... Commissioner
Teele.
Commissioner Teele: Thank you, Mr. Chairman. The item moved forward, but I was going to
ask that the Winn -Dixie representative come forward in any event. But, before I do, Mr.
Chairman, members of the Commission, I was privileged to serve as Chairman of the Public
Safety Committee for the County. And, in this capacity, I had the opportunity to review the jail
and correctional facilities. And, after reviewing that, Mr. Chairman, it became very clear to me
that the City of Miami is burdened, over -burned and over -taxed with jail and correctional
facilities. [APPLAUSE] I believe that it is important, at least I want to be on the record as
saying, while this facility is in District 5, and I am very, very supportive of the Commission
decision and Manager's decision to move forward, I will not be supporting any more jails, or
correctional facilities being built in any of the districts in the City of Miami.
Commissioner Regalado: You are so right.
Chairman Hernandez: I agree.
Commissioner Teele: I think it's important that the County understand that we have a billion
dollar investment in Metrorail and they should begin to cite jails and correctional facilities along
the rail corridor, as a priority, and outside of the City of Miami. Now, having said that, Mr.
Chairman, I have asked the Manager to include certain agreements that are pursuant to the
ordinance of this City. And, Mr. Manager, I asked that the First Source Hiring Agreement be
made a part of the contract. For the record, Mr. Chairman, members of the Commission, my
intent is to ensure that as we move toward welfare reform, that Winn -Dixie become a partner
with us in providing jobs for people that are currently on benefits and citizens, residents of the
City of Miami. Mr. Manager, is the First Source Agreement in there, and does it specifically
request that Winn -Dixie cooperate with the City appropriate departments in hiring people from
the contiguous areas where that store is going to be built?
Ms. Bianchino: No, sir.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Mister, Mister...
Commissioner Teele: Mister Attorney.
Mr. Jones: Mister, excuse me. Commissioner, what we will do, with the Commission's
approval is, that will be added. The contract would be amended to reflect that. I spoke with Mr.
Cardenas, who is Winn-Dixie's attorney. He indicated that Winn -Dixie did not have a problem
with that. So, with the Commission's blessing, we will amend it to include that.
Commissioner Teele: Is that satisfactory to Winn -Dixie, Mr. Chairman? May I inquire?
Chairman Hernandez: Of course.
Mr. Labrit: Yes, Commissioner Teele, it is.
Commissioner Teele: All right. Well, I just think that it's important that this Commission begin
to really hold the feet to the fire of everyone who does business with the City, because we have
58 November 26, 1997
got real problems getting jobs, and it is time we got serious. And, if I may, Mr. Chairman. Have
you all completed with the County contract on the arena? I mean, is that item gone? Is there
anything else that the City has got to sign or? Is there any reason it's ever going to come back
here?
Ms. Bianchino: The contract for the arena has been approved by both the City of Miami
Commission and the Dade County Commission. It has been approved by the Oversight Board.
It has been...
Commissioner Teele: Ma'am, just help me. Is it ever going to come back here again?
Ms. Bianchino: No, sir.
Commissioner Teele: OK. Because, if it comes back, please prepare a First Source Hiring
Agreement, because this City should not have transferred that land to the County without
ensuring that the residents of the City of Miami are going to do the construction. The same way
we did the other arena. And, it's not right, and we need to get serious about that, Mr. Manager.
Commissioner Regalado: Commissioner, if I may? Mr. Chairman.
Chairman Hernandez: Sure.
Commissioner Regalado: You are so right. About two months ago, when we discussed here, a
building that was going to be built in Brickell, Mr. Tibor Hollo, I think, was the developer. We,
I requested that they make a commitment that the First Source of Hiring will be the City of
Miami employees, specifically, the East Little Havana area, the Overtown area in terms of
construction workers. So, I would second your motion to amend this resolution and to include,
First Source of Hiring for the Winn -Dixie store. And, I just wanted to say that what we did here
this morning, is not only a vote but a political statement. And, the political statement is, we
don't want any more jails in the City of Miami, and that's that. That's the will of the
Commission.
Chairman Hernandez: I think that, not only is that the will of the Commission, but obviously, we
need to increase our tax base.
Commissioner Plummer: Well, may I?
Chairman Hernandez: We need to increase our recurring revenues, and right before you take the
floor. I have walked that area, it's rally the boundary between my district and your district, Art.
And, I can tell you that, the people are fed up with that. That's going to enhance the
neighborhood.
Commissioner Teele: Uh-huh.
Chairman Hernandez: And, people are looking forward to Winn -Dixie, and to bring down this,
really, this detention center. Commissioner Plummer, you have the floor.
Commissioner Plummer: Just for the edification of my colleague, Mr. Teele, and to the Winn -
Dixie people. I have been successful in bring back to the City approximately two million dollars
of WAGES (Work and Gains Economic Self -Sufficiency) money for training. And, you might
want to avail yourself of that, of monies through our Community Development office. That's
where it is now, and we are still out there fighting to get more money.
Chairman Hernandez: OK. Willy.
59 November 26, 1997
Commissioner Gort: Well, this is a major problem, and Mayor Penelas was here. That I stated
to him, this is one problem that we have within the City of Miami. We have too many of these
facilities where people that get picked up anywhere in Dade County to let go in the heart of the
City of Miami. That's why we have the problem that we have within that area. And, not only
you, Teele, it affects all three of us in our districts, quite a bit. So, I have asked the Mayor to
please reconsider'his opinion and look for another facility, some other place. I mean, the
County, the City of Miami has given quite a bit for the benefit of the suburbs, and I think it's
about time that the suburbs start taking care of the City of Miami.
Chairman Hernandez: Fred.
Mr. Fred Joseph: I would like to...
Chairman Hernandez: State your name and address for the record, please.
Mr. Joseph: Fred Joseph, president of the Grand Condo Association and also Vice President of
the Omni Advisory Board, which is an arm of your CRA (Community Redevelopment Agency).
I would like to take this opportunity to congratulate you on your... one of your finest hours of
today. This dumping situation as all of you are kind of alluding to, Commissioner Plummer and
I have tried to, for over two years to get the County to look at another system with the video.
They can house their people for pickup at any other location, but they seemed all, want to bring
them right into our City, bring them in, dump them and let them wander back on to our street
corners, meaning Downtown in the Omni and in the Venetian Causeway. So, I appreciate this.
Again, one of your colleagues mentioned the tax. revenues that you will be receiving, now you
are getting something from Winn -Dixie in tax revenues, hiring, employment. Thank you, very
much. And, we are all in support of it.
Chairman Hernandez: Thanks for the comments, Fred. Mr. Flowers. State your name and
address for the record, please.
Mr. Charles J. Flowers: Good morning. Charles J. Flowers, Chairman of the Overtown
Advisory Board. I concur with the previous speaker before me. I would to congratulate this
Commission on the standard it took with the Winn -Dixie. First, and most, I would like to inform
the Commission that Overtown Advisory Board must hear all contracts of any facility that will
be built in the Overtown area. And, the Winn -Dixie is in the Overtown area and it is in district
number five. We would like to see the plan come before our board prior to building the...
consent to build the Winn -Dixie. I have with us, also from the Community of Spring Garden,
and we are here to state the fact that we didn't want any more delays. But, it so happened that
the Commission have heard us over a period of years and have taken that step to rule, no more
jails, no more jails in our area. We don't need it. I thank this Commission, and I hope that the
Winn -Dixie people will contact our office, Overtown Advisory Board and come above board
with your plans, and there are certain things that we would like to see in the direction of the
of Winn -Dixie. Thank you very much, Commissioners.
Chairman Hernandez: Thank you, Mr. Flowers.
Ms. Priscilla Greenfield: I am Priscilla Greenfield -Manning and I am Vice -President of the
Spring Garden Civic Association. And, we just would like to support, show our support for the
Winn -Dixie project, we are in favor of it, and we think it would be a much needed store in our
community and it would also provide jails. I am sorry, jobs. Sorry.
Chairman Hernandez: Thank you.
60 November 26, 1997
Ms. Ruth Greenfield: I am Priscilla Greenfield's mother-in-law,. Ruth Greenfield. I have been
living in that area. My grandparents moved there in the early 20s. We have more customers for
Winn -Dixie than we have customers for the jail. So, we are very pleased to think that our
neighborhood, which has come together because of so many challenges to us, most recently, a
couple years ago, F-DOT (Florida Department of Transportation) came and tried to make
progress by destroying a part of the community. And, we came together as a really well -knit
group, and I think that now, we feel very strong in being able to challenge you again, and thank
you so much for your efforts to keep us a big neighborhood.
Chairman Hernandez: Ms. Greenfield, can you state your address for the record?
Ms. Greenfield: Of course. Spring Garden. 752 Northwest 7th Street Road.
Chairman Hernandez: Thank you, for your comments.
Commissioner Plummer: If you all keep talking, I am going to change my motion.
Mr. Charles Greenfield: I am Charles Greenfield, the son of the previous speaker, and I want to
congratulate the Commission on their decision with Winn -Dixie, and we would like to openly
invite all Commissioners and the Mayor of Miami to walk the beautiful, safe, precious and
fragile neighborhood of Spring Gardens, on the river. We are now an historic preservation
neighborhood. Please come and see us.
Chairman Hernandez: Thank you, very much.
Commissioner Gort: Are we having a family reunion?
Ms. Maxine Taylor: My name is Maxine Taylor, a resident of Spring Garden and I want to
really express my appreciation, that we as a community are looking forward to having Winn -
Dixie in our neighborhood and thank you for the support of becoming a historic district.
Commissioner Plummer: Are you the spokesman for Dick Taylor?
Mr. Richard Taylor: That's the boss. Richard Taylor, known to some of you personally: Long
time resident of Spring Garden and very much in favor of it going forward. Thank you, very
much. Unpaid.
Chairman Hernandez: Thank you, Mr. Taylor.
Mr. David Johnson: I am David Johnson, 743 Northwest 7th Street Road. I'm... I guess, it's no
need to reiterate what was already said. The major item in our neighborhood is that it is a...
Miami's only intact historical neighborhood that's on the river. It probably will remain the only
historic neighborhood. It's for us to have a Winn -Dixie and shopping privileges in our
neighborhood, rather than have to drive 50 or 60 blocks. It's a real blessing. Thank you.
Chairman Hernandez: Thank you very much. The public hearing is closed. We have a motion
and a second.
Commissioner Plummer: It's already been... We already had a roll call, didn't we?
Chairman Hernandez: No, we haven't.
Ms. Carolyn Cope: "Uno mas."
61 November 26, 1997
0 0 1
Commissioner Plummer: Yeah, we already had a roll call.
Chairman Hernandez: No, no, no. We haven't.
Ms. Cope: Right.
Chairman Hernandez: Go ahead, ma'am.
Ms. Cope: I am sorry, Carolyn Cope, resident of Spring Garden, 980 Northwest North River
Drive. I'd just like to thank the Commission for selecting...
Commissioner Plummer: It's already been passed.
Ms. Cope: ... Winn -Dixie to enhance our neighborhood. And, thank you very much.
Chairman Hernandez: Thank you, ma'am.
Ms. Cope: And, happy birthday, J.L, next week.
Chairman Hernandez: Commissioner Teele.
Commissioner Teele: Mr. Chairman, the item has passed. However, I would ask that it be
amended to provide and instruct the Manager and the attorney to insert the language of the First
Source Hiring Agreement, and that the... of the residents of the City of Miami, and preference be
given to the areas that are contiguous to the store.
Commissioner Regalado: So...
Chairman Hernandez: Commissioner Plummer, do you have a problem amending your motion?
Commissioner Plummer: I accept the amendment.
Commissioner Regalado: So, we have to vote, again.
Chairman Hernandez: Accept the amendment motion by Commissioner Plummer.
Commissioner Plummer: Yes, sir.
Chairman Hernandez: Seconded by Commissioner Regalado.
Commissioner Regalado: Right.
Chairman Hernandez: All those in favor say "aye.'
The Commission (Collectively): Aye.
Chairman Hernandez: All those against? Unanimous vote, 5-0. Item...
62 November 26, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-817
A RESOLUTION, WITH ATTACHMENT(S). APPROVING THE SALE OF THE
REAL PROPERTY WITH IMPROVEMENTS CONSISTING OF APPROXIMATELY
6.568 ACRES, COMMONLY KNOWN AS THE MUNICIPAL JUSTICE BUILDING,
LOCATED AT 1155 NORTHWEST 11 STREET; MIAMI, FLORIDA, (THE
"PROPERTY") TO WINN-DIXIE STORIES, INC., AT A SALE PRICE OF FIVE
MILLION SEVEN HUNDRED AND TEN THOUSAND DOLLARS ($5,710,000);
AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE
AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM,
AND TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE
TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY BE
AMENDED BY THE MANAGER AS MAY BE NECESSARY IN ORDER TO
EFFECT SUCH SALE IN AN EXPEDITIOUS MANNER; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE A COVENANT, IN SUBSTANTIALLY THE
FORM ATTACHED, PERTAINING TO THAT CERTAIN PARCEL OF CITY
OWNED LAND LOCATED ADJACENT TO THE PROPERTY, THEREBY
RESTRICTING THE USE OF SUCH PARCEL FOR PURPOSES OF PROVIDING
PUBLIC PARKING ONLY AND PROVIDING FOR THE CONSTRUCTION AND
MAINTENANCE OF SUCH PUBLIC PARKING AT NO COST OR EXPENSE TO
THE CITY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gott
Commissioner J.L. Plummer, Jr.
Chairman Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
Ms. Bianchino: Mr. Chairman.
Commissioner Plummet: I move 23.
Chairman Hernandez: Twenty...
Ms. Bianchino: Mr. Chairman, may I?
Chairman Hernandez: Yes, ma'am.
Ms. Bianchino: I want to put something on the record, that now, the County's lease expires on
November 30th. We will be asking them to vacate the premises within 30 days, if that is your
desire. I can ask him to vacate in two weeks, if that is your desire. They have been...
63 November 26, 1997
Chairman Hernandez: I think 30 days is fair and reasonable.
Ms. Bianchino: Is fair and.... OK. They will be noticed.
Chairman Hernandez: OK.
----------------------------------------------------------------------------------------------------------------
20. (A) RATIFY / APPROVE / CONFIRM CITY MANAGER'S
EMERGENCY FINDING -- WAIVE COMPETITIVE SEALED
BIDS -- APPROVE EMERGENCY REPAIRS TO ROBOTIC SILO
FROM STORAGETEK -- FOR INFORMATION TECHNOLOGY --
ALLOCATE $19,040.82 FROM ACCT CODE 001000.460101.6.670.
(B) COMMISSIONER PLUMMER REQUESTS MORE ITEMS TO BE
HANDLED THROUGH CONSENT AGENDA.
Chairman Hernandez: Item 22.
Commissioner Plummer: Twenty-three. I move it. Twenty-two has been withdrawn.
Chairman Hernandez: Twenty-two, OK.
Commissioner Plummer: No, 22 was...
Commissioner Gort: Twenty-three, second.
Chairman Hernandez: Twenty-two has been withdrawn. Item 23, there is a motion by
Commissioner Plummer, second by Commissioner Gort. All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against? Unanimous vote.
64 November 26, 1997
•
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-818
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 REPAIRS TO THE ROBOTIC SILO IN THE
INFORMATION TECHNOLOGY DEPARTMENT FROM STORAGETEK, IN THE
AMOUNT OF $19,040.82; ALLOCATING FUNDS THEREFOR FROM ACCOUNT
CODE 001000.460101.6.670; FURTHER, RATIFYING, APPROVING AND
CONFIRMING THE CITY MANAGER'S ISSUANCE OF AN EMERGENCY
PURCHASE ORDER FOR THIS REPAIR.
(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 J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Commissioner Plummer: Mr. Chairman, if I may, to the City Manager. Mr. City Manager, we
had asked of the previous Manager and had gone a long way towards accomplishing it, and I
think you can go even further. Resolutions like those can be put on a consent agenda and in one
swoop, do them all and if any objections, our policy, Commissioner Teele, has been, if you ever
pull an item off the consent agenda, no discussion, it automatically goes to the next agenda as a
regular item. But, I believe we can put a lot more on the consent agenda, and...
Mr. Albert Ruder (City Manager): Yeah, I agree with you, but this one requires four -fifths vote.
So, that one you can't...
Commissioner Plummer: Well, you can't put ordinances on the consent.
Mr. Ruder: No, no. But, this is a resolution. An emergency requiring four -fifths vote. So, it's
just not a normal resolution. That's why it is...
Commissioner Plummer: All right, sir. I stand corrected.
Commissioner Gort: Move it.
Commissioner Plummer: But, I hope you understand what I am saying.
Mr. Ruder: Certainly.
65 November 26, 1997
Commissioner Plummer: I think you can put more on that.
----------------------------------------------------------------------------------------------------------------
21. ACCEPT $500,000 GRANT AWARD FROM STATE OFFICE OF TOURISM,
TRADE AND ECONOMIC DEVELOPMENT -- FOR FUNDING FOR SOUTH
FLORIDA URBAN SEARCH AND RESCUE TEAM.
Chairman Hernandez: Item 24, has been withdrawn. Item 25 is a grant.
Commissioner Gort: Move it.
Chairman Hernandez: Moved by Commissioner Gort. Seconded by Commissioner Regalado.
Commissioner Regalado: Yes.
Chairman Hernandez: All those in favor say "aye."
Commissioner Plummer: Oh, you bet.
The Commission (Collectively): Aye.
Chairman Hernandez: All those against?
Commissioner Plummer: You bet.
66 November 26, 1997
•
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-819
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 ACTIONS IN ACCEPTING A GRANT
AWARD, IN THE AMOUNT OF $500,000.00, FROM THE STATE OF FLORIDA,
OFFICE OF TOURISM, TRADE AND ECONOMIC DEVELOPMENT FOR THE
PURPOSE OF FUNDING EQUIPMENT ACQUISITION, UNIFORMS AND
SUPPLIES, AND TRAINING FOR THE SOUTH FLORIDA URBAN SEARCH AND
RESCUE ("USAR") TEAM, AND IN EXECUTING AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF
SAID GRANT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
-----------------------------------------------------------------------------------------------------------
22. BRIEFLY DISCUSS TEMPORARY NEED TO WAIVE LIMITATION ON
NUMBER OF POCKET ITEMS ALLOWED PER COMMISSIONER.
Chairman Hernandez: Item 26 has been withdrawn.
Commissioner Regalado: Mr. Chairman, are you going to proceed with the discussion items or...
Commissioner Plummer: I think we ought to...
Commissioner Regalado: ... are you going to defer this for?
Commissioner Plummer: I wouldn't go with...
Chairman Hernandez: We are going to leave it to the afternoon session.
Commissioner Plummer: Yeah.
Chairman Hernandez: And, we are going to leave also, after the discussion items, we are going
to move on to the pocket items of whatever Commissioners have pocket items. We are going to
67 November 26, 1997
reiterate that the rule is that one pocket item per Commissioner and one pocket item of
emergency, pocket item of emergency status.
Commissioner Regalado: So then, we do pocket items now, you say?
Chairman Hernandez: I think we should do them after the discussion items.
Commissioner Plummer: Mr. Chairman, I would beg that that be waived today.
Chairman Hernandez: What?
Commissioner Plummer: I mean, I have got people... I have got two emergency pocket items in
which these people have not received any money. These are employees of the City, since
October 1, and that's two, right there.
Chairman Hernandez: We have no problem. I have no problem, unless the Commission has a
problem.
Commissioner Regalado: You need a four -fifths of the vote of the Commission. And, I am sure
that the Commission will give it to you.
Commissioner Plummer: I also have the float loan of multi -million dollars for the Miramar
project downtown that was pulled off the agenda, we need to proceed with. And, I am sorry that
everybody comes to me with their pocket items. But, I, you know. These to me are very, very,
important items.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Mr. Chair, just a point of order. Your rules of
procedures says, a pocket should come up at the end of the regular agenda.
Chairman Hernandez: Right.
Commissioner Plummer: Oh, I don't have any problem with that. It's the idea of sticking to one
pocket per Commissioner in an area where in November and December we are only having one
meeting a month, in effect. Mister... I would just hope that today, Mr. Chairman, you would
waive that and let's do what we need to do to get these people paid.
Chairman Hernandez: I have no problem waiving those requirements. And, I think we should
revisit that item anyway.
Commissioner Plummer: At the end of day. I am not pushing it to do it now.
Chairman Hernandez: All right. Commissioner Teele.
Commissioner Teele: Mr. Chairman, I have two pocket items, one I really care about, the other
one I think is an executive order. One relating to the CRA (Community Redevelopment
Agency)...
Chairman Hernandez: Right.
Commissioner Teele: ... to repeal the actions of this Commission. And, I really think, Mr.
Attorney, Mr. Manager, Mr. Chairman, that we should review all of these last minute decisions
that were made. I say that just from a point of view of trying to understand what has been done.
The other emergency item is one that I think the Mayor will have some interest in and the
Chairman, and I bring it up and ask the attorney to try to meet with the Mayor or his legal
68 November 26, 1997
advisor. It is an emergency item to amend the ordinance relating to the attorneys to give the
Mayor the authority, because I'm... Executive Order #1 may not be on a sound legal basis. But,
I think that is something that we can discuss at the appropriate time.
Chairman Hernandez: OK, what we will do is, we will reconvene at 3 o'clock today. We will....
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
23. COMMENTS BY COMMISSIONER HERNANDEZ REGARDING
DESIGNATION OF COMMISSIONERS AS CHAIR PERSONS TO
COMMITTEESBOARDS.
Commissioner Plummer: Well, can? Since we have a few minutes, can we ask some questions?
Chairman Hernandez: Sure?
Commissioner Plummer: Mr. Chairman, you will be the one who will designate the different
chairmanships, other than the ones allocated by the Mayor.
Chairman Hernandez: Correct.
Commissioner Plummer: And. I am asking, when will that take place?
Chairman Hernandez: I think we should assign the committees, chairman of the committees,
including changes that will be made to the members of the different boards next Commission
meeting, which is on the 9th.
Commissioner Plummer: All right.
Chairman Hernandez: Any recommendations on behalf of any Commissioner here on which
committee they would like to sit on, please just send me a memo to my office and we will try to
accommodate each and everyone of you.
Commissioner Plummer: I will state on the record now that the one that I am vitally interested in
is Bayfront Park of where I have served for years.
Chairman Hernandez: OK.
Commissioner Plummer: But, another committee that you are going to have, I hope
appointments, Mr. Chairman. For example, I have served as liaison for this Commission in the
consortium. I don't know that you want me to serve, continue to serve in that capacity or not, or
you know, I enjoy it, I like it, it's time consuming. But, take it from there.
Chairman Hernandez: OK. What I would like to do J.L., is address those issues on the 9th, and
we will -appoint those committees. All I want is, from your office and each of you, to send me
which ones you would like, and by all means I think I will be able to accommodate all of you.
Commissioner Plummer: Fine. Just wanted to make sure.
69 November 26, 1997
Chairman Hernandez: OK, so we will reconvene at 3 o'clock. We will deal with the discussion
items, deal with the pocket items and then we will move on to P&Z (Planning and Zoning), OK.
I don't think we are going to be dealing with the board memberships today.
Commissioner Plummer: All right. But, when are when are we?
END OF DISCUSSION -- NO ACTION TAKEN
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 11:57 A.M. AND RECONVENED AT 3:22 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT.
Commissioner Plummer: ... and if you are here on one of those items, you will know that it
maybe has been withdrawn or already passed. And, there is a request on PZ-9. PZ-9 is going to
be a request to be deferred. You know, if we get one more we can do these pocket items. Mr.
Regalado.
Commissioner Regalado: Yes, sir.
Commissioner Plummer: There are three of us here, do you want to do some of these pocket
Items?
Commissioner Regalado: No, I might as well wait for...
Commissioner Plummer: All right. Pocket items, Mr. Teele. Do you have any objection to
doing pocket?
Commissioner Teele: I have strong objections to proceeding without the chairman.
Commissioner Plummer: All right, sir. We will wait. An absolute hard fast rule. The last item
at 9 o'clock, is the last item.
Commissioner Regalado: "Mas o menos."
Commissioner Plummer: We are not like the County where four -fifths vote can override, and
say let's stay until midnight. That's even better.
70 November 26, 1997
Ll
r�
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24. DISCUSS / REFER TO CITY MANAGER ISSUE REGARDING
IMPLEMENTING PROGRAM TO ALLOW SWORN POLICE PERSONNEL
TO LIVE IN TRAILERS WITHIN CITY PARKS RENT-FREE, WITH
CONDITIONS -- FOR DEVELOPMENT OF GUIDELINES -- FURTHER
INSTRUCT MANAGER TO INCLUDE PROVISION FOR REVOCABLE
PERMIT AND SPECIAL EXCEPTION.
Chairman Hernandez: We are going to continue with the agenda where we left off, which was
item 27, which is a discussion item of Commissioner Tomas Regalado.
Commissioner Regalado: Yes, Mr. Chairman. This is something that has been in the works for
several months. And, as a matter of fact, I discussed this item with an attorney from the Police
Department, the City Attorney and Mr. Ruder when he was the head of the Parks Department.
What this is, is to mirror the program that Dade County had in the past and that worked very
well, given the possibility to police officers from Metro to bring their trailers and live on the
school grounds. This serves a purpose. For the schools, they have security, perceived security
throughout the 24 hours of day, and also for the police officer, they had the possibility of not
paying rent. This program, as I said, mirrors that one. But, in the parks of the City of Miami,
except those who are bayfront property. The City Attorney and the City Attorney in the Police
Department have drafted all the details. They have sent me all the legal opinion. We can do
this, and this is not going to cost anything at all to the taxpayers of the City of Miami. The
police officers will bring their trailers, they will pay for the connection to electricity and sewer,
and they will live there. They would have their space and also, they will have their cruiser
parked while they are at home. As of now, there are at least two police officers who are willing
to participate in this program in the City of Miami. And, Mr. Manager, if you want to? Because,
Mr. Ruder knows a lot about this program, we have been talking for months, and it's... We are
lucky that he's here now in his new capacity.
Mr. Albert Ruder (City Manager): I think it's a good idea. We have been approached by several
officers to do it. The City Attorney has opined that we need to use a revokable permit. And, I
just wanted to make sure that's the legal instrument that he is recommending. That, as long as
you approve the concept, that then I, as a Manager, can just approve them at my level and not
have to bring each one back if we get more officers who want to, you know, have trailers, live in
a trailer in a park.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Yes.
Chairman Hernandez: What is the definition of police personnel? Is that a police officer?
Mr. Jones: Well, if I can backup before, I get that. The opinion that we wrote, Commissioner
Regalado and Mr. Chair, was that it is permissible. There is precedent for it, and we think that
the proper vehicle would be a revokable permit so as not to violate the provisions in our code
that deal with transacting business with one's agency or the conflict of interest provisions.
However, the other component of this is that, you would have to grant, according to zoning, and
I agree, a special exception. And, of course, it would have to be advertised and the property
owners would within 375 feet of the property would have to be given notice. So, it's a two-step
process once, you know... Initially, I thought they would, you know, we could give a blanket,
you could give a blanket delegation of authority, but it's... I believe it's going to have to come
back on an individual basis, because in each instance you are going to have to give a special
exception.
71 November 26, 1997
Commissioner Regalado: Another thing, Mr. Chairman, is that the City Attorney and the Police
Department have told the officers that their purpose to be there is "as" perceived security. They
cannot act as police officers while...
Mr. Jones: Yeah, yeah.
Commissioner Regalado: ... off duty. And, this would not bring a problem...
Commissioner Plummer: It's crazy.
Commissioner Regalado: ... in terms of liability to the City.
Commissioner Plummer: I don't agree with that at all.
Commissioner Regalado: Well, no, but..: And, then there is the second part. If in any ways they
believe that the property, it's in harms way, they can act as a police officer. I mean, Mr. City
Attorney, would you give us definition of what they can and cannot do?
Mr. Jones: Well, the conclusion we reached was, and the key element seems to be living rent
free, OK, on the property. If in fact, they were taking compensation, or whatever, then that runs
afoul basically of our own code in terms of conflict of interest and accepting remuneration. So,
that would, that... We came up with the scenario that, of course, that if it is to be rent free, then
the officer basically would be there for visibility, increased police visibility. But, certainly the
officer could not act in a capacity of really exercising police duties. So, that really is the
distinction there.
Commissioner Plummer: You are telling me, that if he sees an armed robbery going down in the
property where he is, he is going to say, "hey, call the police station."
Mr. Jones: Absolutely, right.
Commissioner Plummer: What happens when a police officer is a police officer 24 hours a day?
Or, if he is working an off -duty job? What is the difference whether he is on the property or not
on the property? If he is doing an off -duty job, he don't tell them to call the station.
Mr. Jones: Well, in an off -duty job situation, he is being compensated for it. I mean, a police
officer doesn't stop being a police officer simply because he is on -duty, off -duty. If he sees the
commission of felony or whatever else, correct me if I am wrong. I think there is some
obligation there to act one way or the other. I am simply telling you, based on the precedent and
basically the Commission on Ethics opinion that we found, that relate to this type of situation,
this would be the way to structure it and this is the way it has been structured so that you would
not run afoul of your Charter and your Code provisions.
Chairman Hernandez: How do we decide who, what priority, what parks and how does that
work? Is it according to crime rate in the area or crime rate in the park, or we just... is it at
random?
Mr. Ruder: Well, this all started with one police officer contacting us and talking about a
particular park that, you know, that he was interested. And, we know the problems we have in
the parks at night with vandalism, and we just thought that the police presence would help a lot.
So, we haven't really thought about a system, but I guess, on a case by case basis we would deal
with the officers that are interested. Right now, as Commissioner Regalado said, I think there
are only two.
72 November 26, 1997
Chairman Hernandez: Commissioner Gort.
Mr. Ruder: I am open to any suggestions.
Commissioner Gort: Mr. Chairman, I think we have had a lot of reports where we have had
vandalism in some of the parks. I think the Parks Department is aware of the parks where we are
having problems. For example, I know in Comstock Park, we have an after school program
there, that we have had some problem there. And, also at night, some of the gangs are beginning
to meet in those places.
Chairman Hernandez: I would like to... We obviously have problems, gang related and drug
related problems in all our parks, in some of them, at least. I would say the majority of them. I
think we should bring this item up, further review, study it...
Commissioner Plummer: Yeah.
Chairman Hernandez: ... and see what kind of package we could come together.
Commissioner Plummer: Yeah, because... Mr. Chairman, I think, you know, we have 131 so-
called "parks," some of them are no bigger than a postage stamp. I mean, they are nothing but to
walk your dog in. And, I would say there has got to be a minimum size of a park to where it
would go into. Now, let me tell you one of the dangers, policemen are no different than anybody
else, when it comes to the fact that you have to limit what they can have outside of their trailer.
It can turn into an absolute nightmare, because I have seen it in RV (Recreational Vehicles)
parks and trailer parks, that they have refrigerators and old cars, and junkers and whatever else.
So, I think you have got to have a code there that says what. The problem that I see here, if you
are talking, and you are talking to a guy who knows a little bit about trailers. You are talking
about a 30-day revokable permit. Correct?
Mr. Jones: Well, revokable permit, by it's very nature is, you can be revoked at any point in
time you want to revoke it.
Commissioner Plummer: OK. You are going to be talking... If he hooks up to water, electric,
and sewage. I can tell you my friend, you are talking one thousand dollars ($1,000). I mean,
without even batting an eye, you are talking one thousand dollars ($1,000). Because, FP&L
(Florida Power and Light) are going to make him have a separate meter. You are going to have
to bring in a water line and it depends on how close the sewage line is. Now, the question is. If
he's got to spend one thousand dollars ($1,000) to get that thing on site, it it's more than, you
know, less than six months, it's an absolute waste for him. So, I think these are the kind of
things that has got to be thought out.
Commissioner Regalado: Yeah.
Chairman Hernandez: Commissioner Regalado.
Commissioner Regalado: The thing is, that those police officers are willing to make a
commitment as you say, not to have more than the structure of the trailer, itself. They have
made a commitment to pay for the connections and they want to make a long-term commitment
because what these people want is, have their trailer there for maybe one year, even two years,
save money. These are people who want to get a house, buy a house and feel that they can save
money. And, this is the same plan, Commissioner Plummer of the Dade School Board letting
officers live in their park. Remember, the Shenandoah, Randy Edwards (phonetic), a popular
Metro police announcer in the radio, lived there for five years. And, he was very happy, the
73 November 26, 1997
school was very happy. And, then he saved enough money to go and buy a house. So, this is the
purpose. The purpose is to help those police officers that would like to save some money and at
the same time, for us to have some security in the parks. I am, like the Chairman said, I am
willing to wait for the details. I think, what I can tell you is, I know and I am sure that Captain...
Alberto knows that. We have at least three police officers who want to do this. And, we have
three parks. And, I am sure that when we announce this, there is going to be other police officers
who would be willing to move to the parks. And, you are right, J.L., we need to establish some
measures of the park. The first thing that we discussed was, no seaside or shore park, like we are
talking Kennedy or Morningside or Bayfront or any, you know, any park, Peacock. Any park
that has front to the sea or to the coast can be used because that would be something that would
impair the people to use the parks. So, we are talking about parks in the inner City. And, so I,
like the Chairman said, I am willing to wait and bring more specific details of this program.
Chairman Hernandez: So, the will of the Commission then is to...
Commissioner Plummer: I think it's a good idea to explore.
Chairman Hernandez: ... further instruct. Yeah.
Commissioner Plummer: We are talking about City of Miami Policemen only.
Commissioner Regalado: Only, City of Miami...
Commissioner Plummer: Absolutely.
Commissioner Regalado: ... Police, sworn. Sworn police officers. That's no personnel from the
administration. Only City of Miami Police officers.
Commissioner Plummer: I'll second the motion of Commissioner Regalado's, that it be sent to
the Manager to determine guidelines and come back to this City Commission. I so move. I
second.
Chairman Hernandez: We have got a motion by Commissioner Regalado, second by
Commissioner Plummer. All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against?
74 November 26, 1997
The following motion was introduced by Commissioner Regalado, who moved its adoption:
MOTION NO. 97-820
A MOTION REFERRING TO THE CITY MANAGER THE ISSUE CONCERNING
THE POSSIBILITY OF IMPLEMENTING A PROGRAM THAT WILL ALLOW
POLICE PERSONNEL TO LIVE IN TRAILERS LOCATED WITHIN CITY PARKS
RENT-FREE, SUBJECT TO THEM PAYING FOR WATER AND ELECTRICITY;
FURTHER DIRECTING THE MANAGER TO DETERMINE GUIDELINES
(INCLUDING MINIMUM SIZE OF PARKS FOR SAID PROGRAM EXCEPTION OF
THOSE PARKS LOCATED BY THE BAYFRONT; RESTRICTIONS LIMITING
SAID PROGRAM TO ONLY CITY SWORN POLICE OFFICERS; INCLUSION OF A
PROVISION FOR REVOCABLE PERMIT AND SPECIAL EXCEPTION
REGARDING SAME, ETC.) FOR SAID PROGRAM.
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Police Capt. Longueira: Commissioner, if we could just make sure that we get some more
clarification on this issue of what action they can take, because our department is concerned that
if they are there, we feel that they should have the ability to take action. And, we have got to
work this out, because it's going to come back to be a problem for us.
Commissioner Gort: Well, my understanding is, you have a legal representing your department.
My understanding is, that there probably might be a need to change an ordinance in order to
comply with those wishes. Because, I think what we want is to where a police officer is at the
park, if something has happened, we want to be able to take action. If we have got gang activity,
we want to be able to tell the individuals you have to leave the park because the park is closed.
So, I think get your department.
Commissioner Plummer: Bring it to the Public Safety Committee.
Police Capt. Longueira: OK.
75 November 26, 1997
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25. AUTHORIZE SIX MONTH EXTENSION -- FOR LATIN AMERICAN
GOURMET RESTAURANT TO OPEN CONCESSION ON LEASED
PROPERTY AT PAUL WALKER PARK AT 46 WEST FLAGLER STREET.
Chairman Hernandez: Item 28, is another request, as per Commissioner Tomas Regalado,
referenced to property located in Downtown -Miami, on Flagler Street. It's currently being
leased to Latin American Gourmet Restaurant.
Commissioner Regalado: Mr. Chairman, I have visited that property and I did some research
and the Commission gave the operators of this property some time last year to begin
construction. And, what I wanted to do is, for the Commission just to know that we have this
property, and maybe if we can extend for six months from today, say from now to May, for them
to comply. I understand that they had not paid some rent to the City, and if they did, they have
a... the check had a problem. I don't know if Dena can tell us, but if we can give them an
extension and say, well, you have some time to begin construction and if not, we will take
action.
Chairman Hernandez: OK, Dena...
Commissioner Plummer: Tell them to see the Commissioner of their district, please.
Commissioner Regalado: I haven't talked to them.
Chairman Hernandez: Dena.
Ms. Dena Bianchino: Yes, sir. Let me just bring you up to date. The Commission had passed
an amendment to the Management Agreement in November of 1996...
Commissioner Plummer: Stay out of my district.
Ms. Bianchino: ... which extended the term for the completion of the building until June of this
year. That has passed, the building is not completed. Mr. Albo is currently two months late in
his rent. He, his last check bounced. I would suggest that if you wished to continue this
Management Agreement that you do it for six months and that the same requirements that the
Commission put on this last time be continued, which would be that he is required to give us a
Consumer Price Index rent increase every year. That he has to pay real estate taxes like
everyone else has to do now, and that we need him to provide a payment and performance bond
in the amount of one hundred thousand dollars ($100,000) to assure completion of the project.
Chairman Hernandez: Dena, is the real estate taxes part of the original agreement that he
signed?
Ms. Bianchino: It is not part of the original agreement. It was part of the amendment that was
passed by the City Commission.
Chairman Hernandez: OK.
Commissioner Plummer: Well, excuse me, Mr. Chairman.
Chairman Hernandez: Yes.
76 November 26, 1997
Commissioner Plummer: Under the new State Law, any state property that is leased to a profit
making corporation is, automatically taxable. That's predicated on the Orlando Airport decision.
Chairman Hernandez: OK.
Commissioner Plummer: So, I mean, it's not a matter of...
Chairman Hernandez: Do they...
Commissioner Plummer: ... negotiating, they have to pay it.
Chairman Hernandez: ... do they? Well, it wasn't in the original agreement. That's why.
That's now...
Commissioner Plummer: But, that's the... The State Statute has subsequently changed and
made that automatic.
Chairman Hernandez: Right. So, it supersedes that.
Commissioner Plummer: Yes.
Chairman Hernandez: What about? Is that from the point that they opened the establishment, or
they have to pay taxes upon the date they signed the agreement, the real estate taxes?
Ms. Bianchino: They would pay taxes from the date they gained possession of the property, and
they have had it.
Chairman Hernandez: From the date they took possession. OK, and what? Explain to me the
six month situation. Two months rent passed due, six months, what extension on them
completing?
Ms. Bianchino: Yes.
Chairman Hernandez: Is that what you want?
Ms. Bianchino: Which would give them through May 25, 1998, which should give them more
than enough time to complete the project.
Chairman Hernandez: OK.
Ms. Bianchino: And, if at that time, they haven't completed it, their management agreement
would terminate.
Chairman Hernandez: OK. Consumer Price Index increase...
Ms. Bianchino: Which is standard in all of our leases.
Chairman Hernandez: After real estate taxes, what do you ask for?
Ms. Bianchino: Pardon?
Chairman Hernandez: After the real estate taxes, there was one more thing you said.
77 November 26, 1997
Ms. Bianchino: Yes. And, this is something we have discussed. And, that's either cash or
payment in Performance Bond in the amount of one hundred thousand to ensure that the project
gets finished.
Chairman Hernandez: Dena, did you advise Mr. Albo to be here today?
Ms. Bianchino: I didn't. I saw him earlier. I told him what the situation was. I appraised him
of what was going on and he understood. So, I don't know why he is not here.
Chairman Hernandez: OK.
Commissioner Plummer: He had a heart attack after he talked to you.
Chairman Hernandez: You want to?
Ms. Bianchino: No, he already... Let me just... Can I say something? He already agreed to
these conditions previously.
Chairman Hernandez: OK. You want to make? Do we need to make a motion on this?
Commissioner Gort: Before making a motion, Mr. Chairman, I want to ask a question.
Chairman Hernandez: Go ahead. Discussion.
Commissioner Gort: On the taxes purpose, the assessment on taxes is before it's built and then
you would change it after it's built, construction is finished.
Ms. Bianchino: I am sorry, Commissioner, I didn't hear you.
Commissioner Gort: You are talking about the taxes, the assessment of the taxes before
construction and after construction, because the value of the property would change. Or, do we
have a uniform?
Ms. Bianchino: No, we... It would be whatever the Dade County Tax Assessor assesses for that
property.
Commissioner Gort: OK. Thank you.
Commissioner Plummer: What's his monthly rent, now?
Ms. Bianchino: It's seven hundred and fifty dollars ($750.00) a month.
Commissioner Plummer: And, the check that bounced was for that amount?
Ms. Bianchino: Actually, I believe it was for more than that. It was either two or three months
rent. He... I am sorry, it was five months. He has since made that check good.
Commissioner Plummer: Oh, OK. All right.
Ms. Bianchino: Five... As of today, he is two months behind in his rent.
Commissioner Plummer: OK.
Chairman Hernandez: Thank you.
78 November 26, 1997
Commissioner Regalado: I make a motion, Mr. Chairman if...
Chairman Hernandez: Go ahead.
Commissioner Regalado: To just extend what the Commission had said last year for a period of
six months beginning on today and extending to May, 1998 for those conditions that have been
expressed here.
Chairman Hernandez: Is there a second on the motion?
Commissioner Teele: Second.
Chairman Hernandez: Motion by Commissioner Regalado, second by Commissioner Teele. All
those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against "nay." 5-0, unanimous decision.
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 97-821
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AMENDMENT TO THE MANAGEMENT AGREEMENT BY AND BETWEEN THE
CITY OF MIAMI AND THE LATIN AMERICAN GOURMET RESTAURANT INC.,
FOR THE MANAGEMENT, OPERATION AND MAINTENANCE OF THE PAUL
WALKER PARK CONCESSION AREA LOCATED AT 46 WEST FLAGLER
STREET, MIAMI, FLORIDA (THE "ARENA"), FOR PURPOSES OF EXTENDING
THE PREVIOUSLY SET DATE FOR OPENING THE PARK CONCESSION;
REQUIRING A LETTER OF CREDIT OR PAYMENT AND PERFORMANCE BOND
IN THE AMOUNT OF $100,000 IN CONNECTION WITH THE CONSTRUCTION
OF IMPROVEMENTS AT THE AREA; REQUIRING A SECURITY DEPOSIT IN
THE AMOUNT $3,000, A PROPERTY TAX PASS THROUGH PROVISION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
79 November 26, 1997
•
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
26. AUTHORIZE SIX MONTH TRIAL PERIOD FOR IMPLEMENTATION OF
COCONUT GROVE (CHAMBER OF COMMERCE) VISITORS' CENTER --
FURTHER DIRECT ADMINISTRATION TO REPORT AT NEXT CITY
COMMISSION MEETING COST OF UTILITIES FOR SAID CENTER.
Chairman Hernandez: Item 31. Thirty and 31 are withdrawn.
Commissioner Plummer: Wait, wait. What about 29?
Commissioner Regalado: I have got 29, Mr. Chairman, and...
Chairman Hernandez: I am sorry about that. I didn't see that one.
Commissioner Regalado: I am sorry, J.L., it's in your district again. But, this... Let me explain.
This came about when I was given the NET (Neighborhood Enhancement Teams) system by this
Commission, and several months ago, the NET office in Coconut Grove, in East Coconut Grove,
shares office with the Chamber of Commerce, the Coconut Grove Chamber of Commerce. And,
so they, I guess they talked to several members of the Commission, and they spoke to me, and
said, "well, we feel with this economic crisis in the City of Miami, we fear that we can get a raise
on our rent." So, I told them, what if we worked together and decide to do a welcoming center, a
City of Miami welcoming center in the Coconut Grove Chamber of Commerce. By doing this,
you, the Chamber will staff the center during the weekends and give out information from the
City of Miami, the different places of the City and whatever information that we want to give to
the people in the Grove, because we feel that we are missing a big opportunity of more than
100,000 people each weekend and at night in the Grove that can be persuaded to go to Bayside
or any other areas or the same Coconut Grove, you know, just give information. So, the
Chamber decided to approve that idea and they are really ready to work with us. We will have a
sign saying that this is a welcoming center from the City of Miami and they will still be paying
the same rent that they paid before and staffing that center on their own to give information
about the City of Miami. So, I think it's a good deal for them, it's a good deal for us, because we
are going to have people giving out information about the City of Miami, and this is why I
brought it to the Commission for the members to consider this possibility. And, like I said, I
think that it's a win -win situation for everybody.
Commissioner Plummer: Move it.
Chairman Hernandez: Motion by Commissioner Plummer, second by Commissioner Regalado.
All those in favor...
80 November 26, 1997
Commissioner Plummer: I think maybe what we ought to consider is let's, so that we don't lock
ourselves out. Let's try it for a six-month period.
Commissioner Regalado: All right.
Commissioner Plummer: And, see what six months brings and then we will reevaluate at that
time.
Commissioner Regalado: All right.
Commissioner Plummer: No.
Chairman Hernandez: Motion by Commissioner Plummer, seconded by Commissioner
Regalado. All those in favor say "aye."
Commissioner Plummer: Well, no, I am, you know. Dena, wishes to... Wait, wait, hold, hold.
Excuse me.
Chairman Hernandez: All right.
Commissioner Plummer: She wishes to be heard.
Ms. Dena Bianchino (Asst. Director/Asset Mgmt.): Just one comment. They are currently...
We are paying all the utilities there. I would suggest that they be responsible for utilities.
Commissioner Plummer: You mean the Chamber or the Visitors Bureau? Or, are they one in
the same?
Ms. Bianchino: Well, it's one in the same.
Commissioner Plummer: How much are the utilities?
Ms. Bianchino: I don't. I can't answer that question.
Commissioner Plummer: Report back to us at the next meeting, and we will consider it.
Ms. Bianchino: Fine.
Commissioner Regalado: Yeah, but right now, we have this for the next six months.
Commissioner Plummer: Yeah.
Commissioner Regalado: And, we can start working on the Visitors Center as soon as possible?
Commissioner Plummer: Absolutely.
Commissioner Regalado: Thank you.
Chairman Hernandez: OK, so we have a motion and a second. All in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against? 5-0, unanimous decision.
81 November 26, 1997
E
•
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-822
A MOTION AUTHORIZING A SIX (6) MONTH TRIAL PERIOD FOR THE
IMPLEMENTATION OF A VISITORS' INFORMATION CENTER AS A JOINT
PROJECT BETWEEN THE CITY OF MIAMI AND THE COCONUT GROVE
CHAMBER OF COMMERCE.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
---------------------------- -----------------------------------------------------------------------------------
27. (A) DISCUSS LENGTH OF TERMS OF BOARDS' APPOINTMENTS.
(B) DISCUSS MIAMI EXHIBITION AND SPORTS AUTHORITY
(MSEA) BOARD'S PROPSOED CHANGES TO ITS
COMPOSTITION.
Chairman Hernandez: We have a board of committee appointments now, which we are going to
leave for the next Commission meeting. Before we get on to Planning and Zoning items, I have
an issue I would like to discuss. Reference to the board appointments, at one point in time in
some of these boards, once a member gets appointed by a certain Commissioner, they were to sit
there for a period of one year. That's not for all boards, correct?
Mr. A. Quinn Jones, III, Esq. (City Attorney): There are...
Commissioner Plummer: As far as I know, it is.
Mr. Jones: There are a couple of boards, like the Health Facilities Authority that the term is
mandated by State Statute. And, I think there is one other that escapes me right this minute.
But, you are absolutely right, with the others it's basically when the new Commissioner comes
in, then that Commissioner will be entitled to appoint whomever he or she wishes to.
Commissioner Regalado: How about the Sports Authority, Mr. Chairman.
Commissioner Plummer: But, I thought...
Commissioner Regalado: The Sports Authority is one year, right?
Commissioner Plummer: ... that...
82 November 26, 1997
Chairman Hernandez: Is, is?
Mr. Walter J. Foeman (City Clerk): Yes, there were several. In addition... Yes, Sports
Authority, Code Enforcement as well as...
Chairman Hernandez: The Sports Authority is one year.
Commissioner Plummer: My understanding was, that all appointments were for one year.
Chairman Hernandez: Well, they are, but once there is an election and there is a new
Commissioner...
Commissioner Plummer: No, that's on the second year or the fourth year.
Mr. Jones: No, what...
Chairman Hernandez: No, no. It's not like that.
Mr. Jones: ... what you did, what the Commission did last year or year before last, is you made
all of the appointment, correct me, if I am wrong, Walter.
Mr. Foeman: Yeah.
Mr. Jones: They made all of the appointments for one year. That was just last year.
Mr. Foeman: Right. But, there were certain State Statutory...
Mr. Jones: Certain, yeah. Like Code Enforcement Board.
Mr. Foeman: Right.
Mr. Jones: Was that the? Yeah, the Code Enforcement Board, Health Facilities and what was
the other?
Mr. Foeman: Miami Sports and Exhibition Authority.
Mr. Jones: OK, MSEA.
Commissioner Plummer: Now, there was some reasoning, Mr. Chairman. Mr. Chairman...
Chairman Hernandez: Yes, Commissioner.
Commissioner Plummer: ... there was definitely a provision for one year terms. And, they were
good reasons.
Mr. Jones: With the exception of those three which...
Commissioner Plummer: Oh, the Statute Boards we can't do anything about.
Mr. Jones: Yeah, right.
Chairman Hernandez: Right, with the exception of the statutes.
83 November 26, 1997
Commissioner Plummer: The Statute Boards. But, all other boards were for a one-year term or
less, if the Commissioner who appointed them was no longer a Commissioner.
Chairman Hernandez: Well, that's my question. If there is a... In the case of Commissioner Art
Teele, who is new on the board, he has no members on any board, can he now replace any
member that was from the former Commissioner that sat there?
Commissioner Plummer: Absolutely.
Mr. Jones: Yes, that's correct.
Commissioner Plummer: Those others cease immediately.
Chairman Hernandez: Except for...
Commissioner Plummer: The Statutes Boards.
Chairman Hernandez: ... those board that are by statutes.
Commissioner Teele: What are the Statutory Boards?
Chairman Hernandez: OK, so..
Commissioner Teele: Mr. Chairman, what are the Statutory Boards?
Chairman Hernandez: We have three, I believe.
Mr. Foeman: Code Enforcement is the first one. We have Miami Sports and Exhibition
Authority, Health Facilities Board.
Commissioner Teele: So, you are saying that the appointment that was made to the Miami
Sports and Exhibition...
Mr. Foeman: Well, the State Statutes says that there is a... It controls their tenure, they are one-
year terms.
Commissioner Plummer: On the Sports Authority? On how many year term?
Mr. Foeman: Sports Authority, one year.
Commissioner Plummer: Yeah. Well, that's within accordance of what we are doing now.
Mr. Foeman: But, Code Enforcement I believe is four.
Commissioner Teele: Well, whose terms have?
Ms. Teresita Fernandez (Asst. Exec. Secretary/Hearing Boards): I believe... My name is
Teresita Fernandez, from the Office of Hearing Boards. I believe that the Code Enforcement is
three years, if I am not mistaken.
Mr. Jones: Yes.
Mr. Foeman: Yeah, that's right. Three years for Code Enforcement.
84 November 26, 1997
Commissioner Teele: Whose term has expired on the MSEA Board?
Commissioner Plummer: All of them.
Mr. Foeman: All of them, including the appointment of a chairman to that board.
Chairman Hernandez: Those are all. And, I can instruct you at this point in time that there will
be an ordinance and we will have to confirm it, or not confirm. The Mayor has instructed me or
told me to tell this Commission that he intends to go back and increase and expand the size of
the board to what it originally was. Which is, to put two members per Commissioner. And, two
per the Mayor, except one of the appointments of the Mayor, which will be the chairman, will be
a nonvoting member. So, therefore, we would have 11 people, we would not have an actual
even vote of people.
Commissioner Plummer: So, that... How many members does that mean are going to be on that
board?
Chairman Hernandez: If you remember at one point in time, we had 13, and it was cut down to
five.
Commissioner Plummer: Yeah.
Chairman Hernandez: OK. He wants to bring it back, really to 11, two short of what it used to
be. There will be 12 but one person will be a nonvoting member.
Commissioner Plummer: Well, are we still going to have a Commissioner as the chairman?
Chairman Hernandez: That's a perogative. He can be the... He or any of us, whoever gets
appointed, can be the chairman or a designee.
Commissioner Regalado: Yeah, but according to the Charter, if one Commissioner is chairman,
that Commissioner cannot appoint a person to the board, that's what I read.
Commissioner Plummer: That's the way it was before. That's why there is only four
appointments.
Commissioner Regalado: That's right. And, one chairman.
Commissioner Plummer: Four... And, whoever was chairman did not get to be... did not get an
appointment.
Chairman Hernandez: OK, and if in the case that the Mayor would be the chairman, then he gets
no appointment, but he can be the chairman of the board.
Commissioner Plummer: Absolutely. Well, whoever we designate.
Chairman Hernandez: And, then the board...
Commissioner Plummer: I guess, we designate.
Chairman Hernandez: And, then the board chooses the executive director.
Commissioner Plummer: That's correct.
85 November 26, 1997
Commissioner Regalado: Yeah, but the chairman is appointed by the Commission. Is that
correct, or by the Mayor?
Commissioner Plummer: Hello.
Chairman Hernandez: That's a good question.
Mr. Foeman: Mr. chairman, that's appointed by the Commission.
Chairman Hernandez: I would assume that the Mayor.
Mr. Foeman: The chairman is appointed by the Commission.
Commissioner Regalado: The chairman is appointed by the Commission.
Chairman Hernandez: So, then we get to choose. And, one of those members could be the
Mayor, I assume right? The chairman could be the Mayor? For all intent...
Commissioner Regalado: But, it says a member of the Commission. And, the Mayor is not a
member of the Commission.
Commissioner Plummer: He is not a member of the Commission anymore.
Commissioner Regalado: That's right. That's what I am saying.
Commissioner Plummer: And, it's in my district. So, is Willy Gort.
Chairman Hernandez: OK. We will be drafting an ordinance. The bottom line is, what he is
interested in, is expanding the board to its original size. Realistically, it used to be 13, he wants
to take it to 11. If there is?
Commissioner Teele: Mister...
Commissioner Plummer: So then, let me ask this question so that I can be understanding. Each
Commissioner will be appointing two people with the exception of the Commissioner, who is the
chairman, will have no appointments. Is that correct?
Commissioner Regalado: No.
Chairman Hernandez: No, I don't see why is that.
Commissioner Plummer: No, wait a minute. It would be 11...
Commissioner Regalado: No, because we are five here.
Chairman Hernandez: Right.
Commissioner Plummer: OK, so it would.be two each.
Commissioner Regalado: And, if the Mayor wants to be the chairman, it would be like ten
appointments from this board, right? And...
Commissioner Plummer: Each Commissioner would have two, and then a chairman.
86 November 26, 1997
Commissioner Regalado: And, then a chairman.
Commissioner Plummer: OK, all right.
Mr. Jones: What are you talking about, MSEA? No, the number was changed.
Chairman Hernandez: Right.
Commissioner Teele: Mister...
Chairman Hernandez: Go ahead, Commissioner Teele.
Commissioner Teele: Mr. Chairman...
Chairman Hernandez: Commissioner Teele.
Commissioner Teele: Now, none of this is in the Charter, right?
Commissioner Regalado: No.
Mr. Foeman: I think the City Attorney had drafted an ordinance as it relates to board
appointments.
Commissioner Teele: Well, yeah. But, that's fine if he drafts...
Mr. Foeman: But, what's being proposed is in addition to that.
Commissioner Teele: OK. So, in fairness to the Mayor, it could be whatever, three
Commissioners up here agree to? The Mayor can chair it.
Mr. Foeman: Correct.
Commissioner Teele: A Commissioner can chair it, or a distinguished citizen could chair it.
Mr. Foeman: Correct.
Commissioner Teele: So, it whatever...
Commissioner Plummer: Not under the... I don't think under the old rule. I think it would have
to be an elected official.
Mr. Jones: Yeah. Under the old, it had to be a Commissioner.
Commissioner Plummer: Had to be an elected official.
Commissioner Teele: Under what?
Mr. Jones: I don't have the provision. But...
Commissioner Teele: Under the State Law?
Mr. Jones: No, under our ordinance.
Mr. Foeman: No, under our.
87 November 26, 1997
Commissioner Teele: But, we have the authority...
Mr. Jones: To change it.
Chairman Hernandez: Right.
Commissioner Teele: ... to write the ordinance the way we want to.
Chairman Hernandez: Absolutely.
Mr. Jones: Yeah. But, I am saying.... Yeah.
Commissioner Teele: So, it can be anything three Commissioners want. And, I am going to be
very clear. I want to support what the Mayor would like to do on this because he is the Mayor.
But, Mr. Chairman, I really think the Mayor, the Mayor has got to help us by letting us know in
writing, you know, not an epistle.
Chairman Hernandez: Uh-huh.
Commissioner Teele: But, just in writing what he would like to do. Because, some of us are
going to start to feel left out, if one person knows what's happening and nobody else knows
because we are going to wind up being played off against each other.
Chairman Hernandez: No, let me tell you exactly. This is not an issue to be brought before the
board today. We were talking about board... committee members, board appointments. I just...
He, the ordinance has not been drafted. He will be talking to each one of us about exactly what
he wants. The main issue I wanted to bring up was really an expansion. Now, who sits, who is
going to be chairman and all of that, he is going to be discussing with each one of us, his ideas of
what he wants, why he wants to expand it and who he wants to chair the actual Sports and
Exhibition Authority. So you will be appraised of it. There is no ordinance that has been drafted
at this point in time.
Commissioner Teele: Mr. Chairman, again, I don't have a problem with that, but, what I do
have a problem with is, the government needs to move forward.
Chairman Hernandez: Absolutely.
Commissioner Teele: I mean, there is talk about speeding or slowing down and all that. Look, I
just think we need to figure a gauge. And, there is a MSEA Board out there. Who is the
chairman of it now?
Chairman Hernandez: I believe they have a meeting at 2-o'clock today, and they were going to
choose the new executive director of the board. The existing members right now.
Commissioner Plummer: The previous Mayor was chairman.
Commissioner Teele: Yeah, I understand. But, he is not chairman now, is he?
Commissioner Plummer: They haven't appointed one.
Chairman Hernandez: No, he is not.
Commissioner Regalado: No, he is not.
88 November 26, 1997
Commissioner Teele: OK, so what I am saying is, that we need to ensure that there is some
continuity going on here. And, while the Mayor may have some plans, it's up to the
Commission...
Chairman Hernandez: To approve that.
Commissioner Teele: ... to approve it. I would hope that in the next Commission meeting there
will be an ordinance here for first reading that moves us in some direction, so that we don't have
everybody spending the holidays not knowing which way we are going. And, to that point, Mr.
Manager, I think it would be very important if someone in the Manager's office would work
with the Commissioners and ensure an orderly process at these various events. Like last night
and the next night and the rest of the process as we go along.
Commissioner Plummer: Mr. Teele, let me say to you that one of the reasons that we suggested
that the chairman be a City Commissioner or the Mayor, at the time, was so that they could
always be the liaison and let this Commission know exactly what was going on. We looked to
them to make the motions. We looked to them to keep us informed and it worked out very well
that way.
Commissioner Regalado: So, what we are saying is, that item 34 will be brought back in a
different way?
Chairman Hernandez: Right, we are bringing it back in a different way. There will be a new
ordinance. And, just for the record, Commissioner Teele, this is how it reads today as to the
governing body. "The authority shall consist of five voting members to be appointed by the City
Commission. One of which shall be a City Commissioner appointed by the City Commission as
an ex-officio member and the chairperson thereof. The Mayor and each City Commissioner
except for the City Commissioner appointed as chairperson shall nominate one member to that
board." That's what exists right now. We will be working on a new ordinance. It will be given
to you way in advance so you can make whatever recommendations, whatever changes you
would like. So, the bottom line is, we only have three boards, which mandatorily the member
has to sit for a whole year. Correct, by statute?
Mr. Foeman. Right. By State Law.
Chairman Hernandez: By State Law. OK.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
28. CONFIRM CITY INDEPENDENT GROUP UNION APPOINTMENT OF
LAWRENCE T. WRIGHT TO MIAMI GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT TRUST (PENSION BOARD).
Chairman Hernandez: There are three. I have been told that there are three agenda items as to
board and committee appointments that need to take place which are union appointments. Items
38, 39 and 40. And, the names are there. As to item 38, it's confirming the appointment of an
individual as a member of the Board of Trustees of the City of Miami General Employees' and
Sanitation Employees' Retirement Trust for a term as designated herein. The appointee...
89 November 26, 1997
Commissioner Plummer: Move item 38.
Chairman Hernandez: There is a motion by Commissioner Plummer.
Commissioner Teele: Second.
Chairman Hernandez: Second by Commissioner Teele. All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against?
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-823
A RESOLUTION CONFIRMING THE APPOINTMENT OF AN INDIVIDUAL AS A
MEMBER OF THE BOARD OF TRUSTEES OF THE CITY OF MIAMI GENERAL
EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST FOR A
TERM 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 Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
29. BRIEFLY DISCUSS / DEFER COMMISSION AT -LARGE APPOINTMENT
TO MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST (PENSION BOARD).
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Move 37.
Chairman Hernandez: What about 39?
Commissioner Plummer: I'll get to it.
Chairman Hernandez: Where is 37? There is nothing...
Commissioner Plummer: That's the General Employees. No, wait a minute, there is not a
name...
90 November 26, 1997
Commissioner Regalado: But, you have to... You have to...
Commissioner Plummer: I am sorry, there is not a name designated.
Chairman Hernandez: It's only 38, 39 and 40.
Commissioner Plummer: All right, 38, I move it.
Commissioner Teele: Second.
Chairman Hernandez: You moved...
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
30. CONFIRM CITY INDEPENDENT GROUP UNION APPOINTMENT OF
JAMES S. TURNER, JR. TO MIAMI GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT TRUST (PENSION BOARD).
Commissioner Gort: Move 39.
Chairman Hernandez: No, we are on 39. We already moved 38. Thirty-nine moved by
Commissioner Gort, seconded by Commissioner Teele. All in favor say "aye".
The Commission (Collectively): Aye.
Chairman Hernandez: All those against? Unanimous vote.
91 November 26, 1997
E
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-824
A RESOLUTION CONFIRMING THE APPOINTMENT OF AN INDIVIDUAL AS A
MEMBER OF THE BOARD OF TRUSTEES OF THE CITY OF MIAMI GENERAL
EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST FOR A
TERM 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 Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Chairman Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
31. CONFIRM AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES (AFSCME) UNION APPOINTMENT OF
WILLIAM J. RABUN TO MIAMI GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT TRUST (PENSION BOARD)
Chairman Hernandez: And, number 40.
Commissioner Plummer: Move 40.
Chairman Hernandez: Moved by Commissioner Plummer.
Commissioner Gort: Second.
Chairman Hernandez: Second by Commissioner Gort. All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against? All right.
92 November 26, 1997
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-825
A RESOLUTION CONFIRMING THE APPOINTMENT OF AN INDIVIDUAL AS A
MEMBER OF THE BOARD OF TRUSTEES OF THE CITY OF MIAMI GENERAL
EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST FOR
TERM AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Chairman Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
32. DISCUSS / DEFER CONSIDERATION OF PROPOSED APPOINTMENT OF
RALPH PACKINGHAM TO MIAMI BAYSIDE MINORITY FOUNDATION.
Commissioner Teele: What? Now, what happened to 36?
Chairman Hernandez: Thirty-seven.
Commissioner Teele: What happened to 36?
Commissioner Plummer: What is 36?
Chairman Hernandez: Thirty-six. We have no appointment yet, we have no name. Those are
the ones we are going to keep to...
Commissioner Regalado: But, I got a memo from you, to appoint somebody.
Commissioner Teele: Yeah, but that was a vacancy that was created by the appointment of
Maxine Thurston by Commissioner Dawkins.
Chairman Hernandez: OK.
Commissioner Teele: And, I would hereby nominate Ralph Packingham, if he... If it's
available. If it's not... If you would rather defer, I'll be happy to defer, Mr. Chairman.
93 November 26, 1997
Chairman Hernandez: I have no problem with Ralph Packingham. I was...
Commissioner Teele: Do you want to defer it?
Chairman Hernandez: I would rather defer it. But, I have no problem with Ralph Packingham.
Commissioner Teele: All right, let's defer it.
Chairman Hernandez: OK, we will defer it to the next meeting of the 9th, so we can handle all
the board and committee appointments. Commissioner Gort, please.
Commissioner Gort: I would like to get some information on this board, because I have never
appointed anyone to this board.
Chairman Hernandez: I haven't either.
Commissioner Gort: And, I have been here four years now, and we never received any report on
this board. So, I would like to get the...
Mr. Walter J. Foeman (City Clerk): What? On the Bayside Minority Foundation? I think they
were indefinite terms. That board was formed in 1986 and the sitting Commission at that time
made the appointments.
Commissioner Plummer: Wait until you hear how much money is in that foundation, and none
of it has been spent.
Commissioner Teele: I know.
Chairman Hernandez: Well, we better start doing something about it, right?
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
33. APPROVE REQUEST FOR INSTALLATION OF IDENTIFICATION SIGN
WITHIN PUBLIC RIGHT-OF-WAY AT NORTHEAST 9 AVENUE
BETWEEN BELLE MEADE ISLAND DRIVE AND NORTHEAST 76
STREET.
Commissioner Plummer: Are we going to do pocket items?
Chairman Hernandez: We are going to do pocket items now, and then Planning and Zoning.
Commissioner Plummer: Tell me when you are ready.
Chairman Hernandez: Go ahead, Commissioner Plummer, you start.
Commissioner Plummer: A resolution approving the request of the Belle Meade Island
Homeowners Association to install identification sign within the public street right-of-way of the
Northeast 9th Avenue, between Belle Meade Island Drive and Northeast 76th Street, in the City
of Miami, Florida, subject to provisions contained herein. This has been to the Manager and to
Public Works. I so move.
94 November 26, 1997
Commissioner Gort: Second.
Chairman Hernandez: There is a motion by Commission by Commissioner Plummer, second by
Commissioner Gort. All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against?
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-826
A RESOLUTION APPROVING THE REQUEST OF THE BELLE MEADE ISLAND
HOMEOWNERS ASSOCIATION, INC. TO INSTALL AN IDENTIFICATION SIGN
WITHIN THE PUBLIC STREET RIGHT-OF-WAY AT NORTHEAST 9TH AVENUE
BETWEEN BELLE MEADE ISLAND DRIVE AND NORTHEAST 76TH STREET, IN
THE CITY OF MIAMI, FLORIDA, SUBJECT TO THE PROVISIONS CONTAINED
HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
34. (A) AUTHORIZE AGREEMENT BETWEEN CITY AND MIRAMAR
APARTMENTS, LTD. -- FOR EIGHT MILLION DOLLAR LOAN IN
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS -- FOR
MIX USE REDEVELOPMENT PROJECT (RENTAL
APARTMENTS).
(B) COMMISSIONER TEELE REQUESTS REPORT REGARDING
ALLOCATIONS OF CDBG FUNDS PER DISTIRCT.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: The next is the one for the CD (Community Development) float on
Melrose. A resolution authorizing the City Manager to negotiate and execute an agreement, in a
form acceptable to the City Attorney between the City and Miramar Apartments, Ltd., for the
provisions up to eight million dollars ($8,000,000) in Community Development Block Grant
float funds in the form of a loan for two and a half year period at three percent. The Miramar
95 November 26, 1997
Center Tower 1 mix -use redevelopment project, which consists of 39-story building with 471
rental apartments, 35,900 square feet of commercial space and 610 space parking structure. This
is within my district. I am happy to bring it to the table. It does nothing more than give the
Manager the right to negotiate and come back with the final negotiations to this Commission. I
so move.
Commissioner Teele: Second the motion.
Chairman Hernandez: Motion by Commissioner Plummer, second by Commissioner Teele.
Commissioner Teele: Discussion.
Chairman Hernandez: Discussion.
Commissioner Teele: Mr. Manager, how much is the CD float?
Commissioner Plummer: Eight million.
Commissioner Teele: Mr. Manager, I would like a report by district, as to the CDBG
(Community Development Block Grant) dollars that it generated by district. I think it's
important that we know the relative relationship of CDBG dollars to our district. Because, one
of the concerns is, is that, there is never enough money to go around.
Mr. Albert Ruder (City Manager): Right.
Commissioner Teele: And, while I realize this is not real money, this is a guarantee and it's a
float and it's not drawing down. I think it's important that each District Commissioner, and this
Commission and the public know, the relative amount of CDBG dollars generated on a district
basis.
Mr. Ruder: OK. No problem.
Commissioner Teele: Please, thank you.
Commissioner Plummer: On an emergency basis, I need to put in an ordinance...
Commissioner Teele: Have we carried the motion?
Chairman Hernandez: Yeah.
Commissioner Teele: That was discussion.
Chairman Hernandez: That was for discussion purposes.
Commissioner Teele: Do you want to carry your motion?
Commissioner Gort: We have got to vote on it.
Commissioner Plummer: Well, vote on it. I...
Chairman Hernandez: We have got a motion by Commissioner Plummer, second by
Commissioner Teele. All those in favor say "aye."
The Commission (Collectively): Aye.
96 November 26, 1997
Chairman Hernandez: All those against. Unanimous vote.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-827
A MOTION OF INTENT AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, BETWEEN THE CITY AND MIRAMAR APARTMENTS LTD., FOR
THE PROVISION OF UP TO EIGHT MILLION DOLLARS ($8,000,000) IN
COMMUNITY DEVELOPMENT BLOCK GRANT FLOAT FUNDS, IN THE FORM
OF A LOAN FOR A TWO AND HALF YEAR PERIOD AT THREE PERCENT (3%),
TO ASSIST IN THE TOWER 1 MIX -USE REDEVELOPMENT PROJECT, WHICH
CONSISTS OF A THIRTY-NINE STORY BUILDING WITH 471 RENTAL
APARTMENTS, 35,900 SQUARE FEET OF COMMERCIAL SPACE, AND 610
SPACE PARKING STRUCTURE.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
35. (A) WAIVE NUMBER OF POCKET ITEMS TO BE INTRODUCED PER
COMMISSIONER DURING TODAY'S MEETING.
(B) PROPOSED EMERGENCY ORDINANCE: REPEAL SECTIONS 2-
921 AND 2-922 OF CODE -- SUBSTITUTE NEW SECTIONS 2-921
THROUGH 2-930 ESTABLISHING INTERNATIONAL TRADE
BOARD -- FURTHER SETTING FORTH TERMS / CONDITIONS
FOR SAID BOARD.
Commissioner Plummer: An ordinance related to the International Trade Board repealing in
their entirety Section 2-921 and 2-922 of the code of the City of Miami, Florida as amended, and
substituting in lieu thereof, new Section 2-921 through 2-930, thereby creating an establishing
said board as a limited agency of the City of Miami to be known as the International Trade
Board, further setting forth said agency's purpose, and provisions for eligibility for membership,
terms of office, officers, meetings, quorums, vacancies, powers and duties, providing for
executive director, personnel, and counsel representation, and budget and audit responsibilities,
further authorizing the solicitations of contributions and financial support, containing a repealer
provision, a severability clause; and providing for an effective date. And, this has been done
with the City Attorney's blessing of Mister...
97 November 26, 1997
Mr. A. Quinn Jones, III, Esq. (City Attorney): I forget his name.
Commissioner Plummer: Diaz.
Mr. Jones: Yeah, OK.
Commissioner Plummer: Right. I so move, sir.
Chairman Hernandez: We have a motion by Commissioner Plummer.
Commissioner Gort: Second.
Commissioner Plummer: And, that is for an emergency for two readings, so we could...
Chairman Hernandez: Second by Commissioner Gort. All those in favor say "aye."
Commissioner Plummer: No, you can't it's an ordinance.
Chairman Hernandez: Oh, it's an ordinance, read the ordinance.
Commissioner Plummer: I read it. You have got to... No, you have got to have a roll call for
an ordinance.
Chairman Hernandez: How many pocket items do you have?
Commissioner Plummer: I have two more short ones. They are both the same.
Chairman Hernandez: OK, you need to make a motion, set up a resolution to waive our self-
imposed rule that...
Commissioner Plummer: I make a motion with our self-imposed... What do you want?
Chairman Hernandez: To waive our...
Commissioner Plummer: Yeah, whatever the hell that is, we do it.
Chairman Hernandez: Our...
Commissioner Plummer: I move we do it.
Commissioner Teele: Second the motion.
Chairman Hernandez: Motion by Commissioner Plummer, seconded by Commissioner Teele.
All those in favor say "aye."
The Commission (Collectively): Aye.
98 November 26, 1997
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 97-828
A MOTION WAIVING, BY A FOUR -FIFTHS VOTE, THE LIMITATION ON THE
NUMBER OF POCKET ITEMS EACH MEMBER OF THE COMMISSION MAY
INTRODUCE DURING TODAY'S COMMISSION MEETING.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Commissioner Plummer: Now, on that item I need a two roll call.
Mr. Manuel Gonzalez-Goenaga: Mr. Chairman.
Chairman Hernandez: Hold on one second. OK, hold on one second. So, we need to do a roll
call on that.
Commissioner Plummer: The one I just read, right.
Chairman Hernandez: OK.
99 November 26, 1997
An Ordinance entitled -
AN EMERGENCY ORDINANCE RELATED TO THE INTERNATIONAL
TRADE BOARD ("BOARD"); REPEALING, IN THEIR ENTIRETY, SECTIONS
2-921 AND 2-922 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, AND SUBSTITUTING IN LIEU THEREOF, NEW SECTIONS 2-921
THROUGH 2-930, THEREBY CREATING AND ESTABLISHING SAID BOARD
AS A LIMITED AGENCY OF THE CITY TO BE KNOWN AS THE
"INTERNATIONAL TRADE BOARD"; FURTHER SETTING FORTH SAID
AGENCY'S PURPOSE, AND PROVISIONS FOR ELIGIBILITY FOR
MEMBERSHIP, TERMS OF OFFICE, OFFICERS, MEETINGS, QUORUM,
VACANCIES, POWERS AND DUTIES, PROVIDING FOR AN EXECUTIVE
DIRECTOR, PERSONNEL, AND COUNSEL REPRESENTATION, AND
BUDGET AND AUDIT RESPONSIBILITIES; FURTHER AUTHORIZING
SOLICITATION OF CONTRIBUTIONS AND FINANCIAL SUPPORT;
CONTAINING A. REPEALER PROVISION, A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer and seconded by Commissioner Gort, for
adoption as an emergency measure, and dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Gort, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11574.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
100 November 26, 1997
---------------------------------------------------------------------------------------------------=------------
36. AUTHORIZE CONSULTANT AGREEMENT WITH JORGE M.
CARVALHO -- FOR TRADE DEVELOPMENT COORDINATOR SERVICES
FOR THE INTERNATIONAL TRADE BOARD -- ALLOCATE $24,150 (FEE).
Commissioner Plummer: A resolution authorizing the City Manager to execute an agreement, in
a form acceptable to the City Attorney, with Jorge M. Carbalho, consultant to perform the
services of Trade Development Coordinator for the period commencing October 1, 1997 through
September 30, 1998, at a fee in the amount of $24,150,00; allocating funds therefor from the
International Trade Board. Well, no, that's... The Manager wants that to read that he will find
the funds to allocate for the 1997-98, and the said funds to be identified by the City Manager
pursuant to the Motion 96-841 adopted November 21, or any such identification that the
Manager makes, I so move.
Commissioner Teele: Second.
Chairman Hernandez: There is a motion by Commissioner Plummer, second by Commissioner
Teele. All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against?
101 November 26, 1997
. 0 0
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-829
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY WITH
JORGE M. CARBALHO, CONSULTANT, TO PERFORM THE SERVICES OF
TRADE DEVELOPMENT COORDINATOR FOR THE INTERNATIONAL TRADE
BOARD, FOR THE PERIOD COMMENCING OCTOBER 1, 1997 THROUGH
SEPTEMBER 30,1 998, AT A FEE IN THE AMOUNT OF $24,150.00; ALLOCATING
FUNDS THEREFOR FROM THE INTERNATIONAL TRADE BOARD BUDGET,
FISCAL YEAR 1997-1998 AND FROM FUNDS TO BE IDENTIFIED BY THE CITY
MANAGER PURSUANT TO MOTION NO. 96-841, ADOPTED NOVEMBER 21,
1996.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
37. AUTHORIZE CONSULTANT AGREEMENT WITH MANUEL J.
GONZALES -- FOR EXECUTIVE DIRECTOR SERVICES FOR THE
INTERNATIONAL TRADE BOARD -- ALLOCATE $47,250 (FEE).
Commissioner Plummer: A resolution authorizing the City Manager, to execute an agreement,
in a form acceptable to the City Attorney, with Manuel J. Gonzalez, Consultant, to perform the
services of executive director for the period commencing October 1, 1997 through September
30, 1998, at a fee in the amount of $47,250.00; allocating funds therefor from the International
Trade Board Budget, fiscal year and funds to be identified by the City Manager pursuant to
Motion No. 96-841, adopted November 21, 1996, or any other fund as so chosen by the
Manager. I so move.
Commissioner Teele: Second.
Chairman Hernandez: Moved by Commissioner Plummer, second by Commissioner Teele. All
those in favor say "aye."
The Commission (Collectively): Aye.
102 November 26, 1997
Chairman Hernandez: All those against?
Commissioner Plummer: Thank you, Mr. Chairman.
Chairman Hernandez: Unanimous vote. Thank you, Commissioner Plummer.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-830
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
MANUEL J. GONZALEZ, CONSULTANT, TO PERFORM THE SERVICES OF
EXECUTIVE DIRECTOR OF THE INTERNATIONAL TRADE BOARD, FOR THE
PERIOD COMMENCING OCTOBER 1, 1997 THROUGH SEPTEMBER 30, 1998, AT
A FEE IN THE AMOUNT OF $47,250.00; ALLOCATING FUNDS THEREFOR
FROM THE INTERNATIONAL TRADE BOARD BUDGET, FISCAL YEAR 1997-
1998 AND FROM FUNDS TO BE IDENTIFIED BY THE CITY MANAGER
PURSUANT TO MOTION NO. 96-841, ADOPTED NOVEMBER 21, 1996.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
38. BRIEFLY DISCUSS TOPICS OF POCKET ITEMS DURING TODAY'S
MEETING.
Mr. Manuel Gonzalez-Goenaga: Mr. Chairman.
Chairman Hernandez: Mr. Gonzalez-Goenaga.
Mr. Gonzalez-Goenaga: Yes. I would like to have a City Attorney's opinion regarding this
procedure that has been put under the table to the citizens of Miami, when, like forty thousand
dollars ($40,000) and a lot of pocket items. I think that we made in previous Commission,
something about pocket items. This is something of an ordinance. This should go to Public
Hearings. We are the owners of the City, the citizens. Not you guys. I sincerely hope, and I
don't care how strong or how infamous of dictatorship the new Mayor has. But, let's do it
103 November 26, 1997
properly. Let's give the opportunity to the citizens to express ourselves on these type of matters.
Thank you, very much. And, that covers all these pocket items.
Chairman Hernandez: Thank you, for your comment.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
39. CONFIRM APPOINTMENT OF ARTHUR HERST TO OFF-STREET
PARKING BOARD.
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: I would like to bring this pocket item. This should have been in the
agenda, but somehow it was not placed in the agenda. This is confirming the resolution of the
appointment, Arthur H. Herst to serve as a member of the Off -Street Parking Board for the City
of Miami for the term designated herein.
Commissioner Plummer: So moved.
Commissioner Teele: Second.
Commissioner Plummer: Second.
Chairman Hernandez: Motion by Commissioner Gort, second by Commissioner Teele. All
those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against? Unanimous vote.
104 November 26, 1997
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-831
A RESOLUTION CONFIRMING THE APPOINTMENT OF AN INDIVIDUAL TO
SERVE AS A MEMBER OF THE OFF-STREET PARKING BOARD OF THE CITY
OF MIAMI FOR A TERM 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 Teele, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
40. ALLOCATE $50,000 TO DOWNTOWN DEVELOPMENT AUTHORITY --
FOR BEAUTIFICATION OF DOWNTOWN DURING HOLIDAY SEASON.
Commissioner Gort: I have got one more which is a resolution. This is from the Mayor's office.
A resolution allocating the amount of fifty thousand to Downtown Development Authority for
the purpose of beautifying the downtown target area for the holidays. Allocating funds thereof
in the amount of twenty-five thousand from revenues received from the sale of repayment of
Housing Bond Funds, and the amount of twenty-five from revenues received from the Urban
Development Action Grants, authorizing the City Manager to execute the necessary documents
in a form acceptable to the City Attorney and to effect this transaction.
Commissioner Plummer: Second.
Chairman Hernandez: Moved by Commissioner Gort, second by Commissioner Plummer. All
those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against? Unanimous vote.
105 November 26, 1997
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 97-832
A RESOLUTION ALLOCATING THE AMOUNT OF $50,000 TO THE DOWNTOWN
DEVELOPMENT AUTHORITY (DDA) FOR THE PURPOSE OF BEAUTIFYING
THE DOWNTOWN TARGET AREA FOR THE HOLIDAYS; ALLOCATING FUNDS
THEREFOR, IN THE AMOUNT OF $25,000, FROM REVENUES RECEIVED FROM
THE SALE OF HOUSING BONDS AND THE AMOUNT OF $25,000 FROM
REVENUES RECEIVED FROM URBAN DEVELOPMENT ACTION GRANTS;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS
PURPOSE.
(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 Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
------------------------------------------------------- --------------------------------------------------------
41. DIRECT CITY MANAGER TO IDENTIFY REVENUES FROM OFF-STREET
PARKING FOR LEASING OF MUNICIPAL PARKING LOTS -- FURTHER
INSTRUCT MANAGER TO REDIRECT REVENUES TO COMMUNITY
REDEVELOPMENT AGENCY AND TO PREPARE REPORT ON SALE OF
CRA LAND UNDER MIAMI ARENA TO MIAMI SPORTS AND
EXHIBITION AUTHORITY.
Chairman Hernandez: Commissioner Teele.
Commissioner Teele: Thank you, Mr. Chairman. Mr. Chairman, I would move a resolution
directing that the City Manager identify the revenues currently received from the Off -Street
Parking for the lease of the Municipal Building and the lots designated. As well as any other
revenues derived from the current or former Southwest Overtown Park West Community
Redevelopment Agency, and their assets. And, further requesting that the Manager prepare a
report to justify the recent sale of the former CRA (Community Redevelopment Agency) land
under the arena, to the Sports Authority and to return the proceeds of the sale to the CRA. This
is a request for a study and a discussion that will come back. But, it's very, very clear that this
City has transferred assets without consideration that belong to the CRA, to the City, for the
purpose of selling a building and then taking the money and spending it as General Fund. And,
106 November 26, 1997
•
•
this is just to begin a process so that the Manager and the Commission can understand what we
have done and whether or not we want to stand by that kind of decision.
Commissioner Plummer: Is that a motion?
Commissioner Teele: Yes, sir.
Commissioner Gort: Second.
Commissioner Plummer: I... And, it's for a study?
Commissioner Gort: Yeah, to come back with the...
Commissioner Teele: For the Manager to provide a report.
Chairman Hernandez: We have a motion by Commissioner Teele, second by Commissioner
Gort. All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against? Unanimous.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 97-833
A RESOLUTION DIRECTING THE CITY MANAGER TO IMMEDIATELY
IDENTIFY ALL REVENUES CURRENTLY RECEIVED FROM THE DEPARTMENT
OF OFF-STREET PARKING FOR THE LEASING OF MUNICIPAL PARKING LOTS
57, 58, 59 AND 60, AND REDIRECT SAID REVENUE, AS WELL AS ANY OTHER
REVENUE DERIVED FROM CURRENT OR FORMER SOUTHEAST
OVERTOWN/PARKWEST COMMUNITY REDEVELOPMENT AGENCY ("CRA")
ASSETS, TO THE SOUTHEAST OVERTOWN PARK WEST COMMUNITY
REDEVELOPMENT AGENCY; FURTHER DIRECTING THE CITY MANAGER TO
PREPARE A REPORT AND JUSTIFICATION ON THE RECENT SALE OF
FORMER CRA LAND UNDER THE MIAMI ARENA TO MIAMI SPORTS AND
EXHIBITION AUTHORITY ("MSEA") AND RETURN THE PROCEEDS OF SAID
SALE TO THE CRA.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
107 November 26, 1997
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Chairman Humberto Hernandez
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
42. EMERGENCY ORDINANCE: AMEND DIVISION 3, SECTION 2-111 OF
CODE "SUPERVISION AND CONTROL OF ATTORNEYS EMPLOYED BY
CITY" -- PROVIDE FOR MAYOR TO ENGAGE SPECIAL COUNSEL
UNDER CERTAIN CONDITIONS -- SEE LABEL 9B.
Commissioner Teele: Mr. Chairman, thank you. There are two other items, one of them relates
to the City, an ordinance. And, if I could have the copy. This is a part of a series of very
sensitive items that I think really need to be clarified, and it relates to Executive Order No. 1, by
the Mayor. This is a request for an emergency ordinance that in effect, would authorize the
Mayor to engage special counsel for specific purposes of providing advice to the Mayor and to
the Mayor's office. The compensation funding for such engagements, of course, would be
subject to the advice, consent and approval of the Commission. Any subsequent special counsel
vacancy would be filled in the same manner. Mr. Chairman, members of the Commission, I
would ask the County... the City Attorney to read the very brief sentence that this would amend,
which is currently Section 2-111.
Mr. A. Quinn Jones, I11, Esq. (City Attorney): Essentially, what it seeks to amend, which is the
present provision, "All attorneys at law retained or employed by the City, regardless of the
nature in -kind of service performed or the title or designation under which they render legal
service for the City, are hereby placed under the direct supervision and control of the Law
Department."
Commissioner Teele: Now, in my judgement, Mr. Chairman, members of the Commission, that
language is so limited that it raises so many questions about special counsel. I think the record is
already repleated by Chief Warshaw acting as the Manager, who indicated he relied upon the
advice in doing certain things of a special counsel. I think this provision, however makes it
clear, that the Manager may not avail himself of the special counsel provision because that
would obviously do violence to the Charter, which says that the City Legal Attorney, is the legal
officer for the City, and of course, all of its departments. I have discussed this matter with the
Mayor. The Mayor wants something of this nature if it's helpful, however, the Mayor of course,
of course, maintains that he had the authority to hire the special counsel, which quite frankly, I
don't agree. And, therefore, I am not proposing to make this, "nunc pro tune" or anything like
that, but to just clear the air as we go forward. I believe it's very, very important for the Mayor
to be free to have special counsel to advise the Office of the Mayor. I think it's just as important
for the Manager and the Commission and the departments to rely upon the lawyers that have
been provided for under the Charter. Now, one of the issues that this addressed, is the request
108 November 26, 1997
for the legal opinion which is before you, which discusses who outside counsel and who lawyers
work for. And, again, it's very clear under the Charter, not on the ordinance, that all outside
counsel work for the Legal Department and work for the Commission. I would take note
specifically of numerous statements and articles in Miami Today and others, that indicate that
there are some discussions related to settlements of lawsuits and other actions that are going on.
And, would, you know, certainly draw a warning to the Mayor that these matters are matters
within the purview of this Commission, and therefore, the Legal Department. And, we need to
be very clear that the Mayor has all of the resources he needs to do his job. But, we also need to
be very clear that the Charter and the Charter provisions must be respected. And, so I would ask
that this executive order, this executive... this emergency ordinance be passed for the purpose of
giving the Mayor a very strong leg to stand on legally as it relates to his need for special counsel.
But, I would also underscore the notion, that in no way does this special counsel have the
authority to deal with matters relating to litigation on behalf of the City or matters dealing with...
matters that are clearly within the purview of the City Attorney and the City's Legal Department.
Commissioner Plummer: He would be acting as an advisor, to the Mayor.
Commissioner Teele: He would be acting as an advisor to the Mayor.
Commissioner Plummer: Right.
Commissioner Teele: Now, the previous Manager, the Manager who served for a day, indicated
today that he relied upon the advice of special counsel in doing certain things. That should not
happen. That should not have happened, and that should not happen again.
Commissioner Plummer: Well, the difference is, that that was pro Bono. Now, my question is...
Commissioner Teele: That is even worse.
Commissioner Plummer: ... is it going to be a subject of a budgetary nature? In other words, if
he is engaging where he had the previous gentleman serving as his advisor, was pro Bono. Now,
is there a dollar amount established here? Is it a budgetary item?
Commissioner Teele: No, sir. Under this, the budget item would come back before the
Commission as a resolution to be approved. So, we are not... There is no budgetary
implications, there is no Oversight Board implication. This ordinance merely gives the Mayor
the authority. I would disagree, however, respectfully, Commissioner Plummer, very
respectfully, in deference to your time here. The language is very clear. It says, "all attorneys
retained, even a pro Bono, is a retainer." Even a pro Bono is a retainer and is subject to the
canons and the code of the... Code of Ethics under the Florida Bar. A pro Bono lawyer has the
same requirement of due diligence and duties to carry out his duty as a lawyer paid one hundred
dollars ($100) or one thousand dollars ($1,000) an hour. And, this ordinance that the City says,
that all lawyers retained, regardless of the nature or the kind of services they perform or the type
or designation used are placed under the direct supervision and control of the Law Department.
And, I don't think that's fair to the Mayor. I think the Mayor should be able to have lawyers and
I think he should be encouraged to have lawyers that are not working pro Bono, quite frankly.
Commissioner Plummer: Then, it is a budgetary.
Commissioner Teele: It is not budgetary in this ordinance. What this ordinance simply says, is
that they Mayor is authorized to use special counsel, notwithstanding the current language, and
that if he should engage a lawyer, the compensation and the budget issue shall come back before
this Commission for approval.
109 November 26, 1997
•
•
Commissioner Plummer: I knew it had to come there somewhere.
Chairman Hernandez: Well, he needs somewhere to hang his hat. He needs something.
That's...
Commissioner Plummer: No, what I am saying is, a dollar amount had to come back here
sometime, somewhere,. OK.
Chairman Hernandez: Right. Sooner or later.
Commissioner Teele: Somewhere.
Chairman Hernandez: Right. Right.
Commissioner Plummer: Because if it way a pro bono, he doesn't have to ask our permission. I
don't think.
Commissioner Teele: And, respectfully, Mr. Chairman, I disagree.
Commissioner Plummer: Well...
Commissioner Teele: Because it's not a budgetary issue, it a subject matter issue.
Chairman Hernandez: Yeah, it sounds like...
Commissioner Teele: If the lawyer doesn't have subject matter jurisdiction...
Chairman Hernandez: Absolutely.
Commissioner Teele: ... it doesn't matter if he is being paid one dollar ($1), one million dollars
($1,000,000) or no money. He cannot do it as an advisor to anyone in the City. And, the real
concern that I have at this point is, what the special counsel has done or not done from the day
Mayor Suarez was elected until this ordinance is adopted. Because, this is not "nunc pro tunc"
and that lawyer and that law firm are on their own, as it relates to this matter.
Commissioner Plummer: OK. So, where are we?
Chairman Hernandez: We need a motion.
Commissioner Teele: I so move.
Commissioner Gort: Second.
Chairman Hernandez: We have a motion by Commissioner Teele, second by Commissioner
Gort. It's an ordinance, so we need to... Do you have a copy of the ordinance?
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD BY TITLE ONLY.]
Chairman Hernandez: Roll call.
Mr. Walter J. Foeman (City Clerk): Roll Call.
Mr. Manuel Gonzalez-Goenaga: Your honor, discussion.
110 November 26, 1997
Chairman Hernandez: Go ahead, Mr. Gonzalez-Goenaga.
Mr. Gonzalez-Goenaga: Well, two comments. If there is one who does not need a special
counsel, is Mr. Suarez, who is, claims to be, a graduate of Harvard University, number one.
Number two, if he wants to be just like President Clinton, have his own defense team, and he is...
he told us that he was going to save money for the citizens, I don't think that that's the proper
way. And, number three, if we have a marvelous with 22 attorneys that we pay more than two or
three million dollars and they win most of the cases, I don't think that Mayor Suarez needs,
unless there is a conflict of interest. But, if he wants to cover his mistakes through an attorney,
we need Mr. Suarez, who is a Harvard graduate. Thank you. And, I want to be in the record for
that, and I totally oppose that. Unless, we want to make this the Republic of Cuba in the North.
Chairman Hernandez: Roll call.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING DIVISION 3, SEC. 2-111, OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"SUPERVISION AND CONTROL OF ATTORNEYS EMPLOYED BY THE
CITY", THEREBY PROVIDING FOR THE MAYOR TO ENGAGE SPECIAL
COUNSEL UNDER CERTAIN CONDITIONS AS HEREIN SPECIFIED;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Teele and seconded by Commissioner Gort, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Teele and seconded by
Commissioner Gort, adopted said ordinance by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11575.
111 November 26, 1997
•
•
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.
----------------------------------------------------------------------------------------------------------------
43. (A) APPOINT COMMISSIONER ARTHUR TEELE, JR., AS CHAIRMAN
OF SOUTHEAST OVERTOWN COMMUNITY REDEVELOPMENT
AGENCY AND AS A CHAIR OF OMNI COMMUNITY
REDEVELOPMENT AGENCY.
(B) FIRST READING ORDINANCE: REPEAL 11561 -- PROVIDE FOR
COMMUNITY REDEVELOPMENT AGENCY BOARD OF
DIRECTORS TO EMPLOY DIRECTOR OF SAID CRA -- FURTHER
DIRECT CITY MANAGER TO SHIFT BUDGETARY
APPROPRIATIONS AND SUPPORT STAFF BACK TO SAID CRA.
Chairman Hernandez: Is that it, Commissioner Teele.
Commissioner Teele: One final item.
Chairman Hernandez: All right.
Commissioner Teele: And, the only item that I really have a personal interest in, in terms of the
area that I am representing is the ordinance, that in effect, it's a regular ordinance. That in effect
would return the CRA (Community Redevelopment Agency) to where it was before... two
Commission meetings ago. It was done again, as an emergency ordinance. I think there is an
issue that needs to be clarified, and that is, it's my understanding that the intent of that ordinance
was to move all of the current personnel that worked for the CRA, underneath the Manager.
And, Mr. Manager, is it my understanding that all those persons currently work for you?
Mr. Albert Ruder (City Manager): Yes.
Chairman Hernandez: Yes.
Commissioner Teele: And, Mister...
Mr. Ruder: Every one of the departments, I think they have moved to the Planning Department,
the old Planning Department, which is now...
Commissioner Teele: And, Mr. Attorney, is it your understanding that it was the intent of the
Commission to move those personnel under the Manager at this time?
Mr. A. Quinn Jones, III, Esq. (City Attorney): That's correct.
Chairman Hernandez: That's correct.
Commissioner Teele: OK. And, this ordinance in effect, if it is approved on second reading at a
subsequent date, would reverse that.
Mr. Jones: Yeah, it would in effect...
Commissioner Teele: But, currently they work all work for the current Manager and the Mayor
Commission.
112 November 26, 1997
Commissioner Plummer: Why not an emergency and get it effective immediately?
Commissioner Teele: Because, I really think we need to look through some of the details and
facts, because I think a tot of this is being done real quickly. I really...
Commissioner Plummer: Fine.
Mr. Jones: OK.
Chairman Hernandez: So, currently, they work for the Manager...
Commissioner Teele: Currently, they work for...
Chairman Hernandez: ... and you want to do what?
Commissioner Teele: I would. Currently, I would propose that the CRA be restored to its
independence, as it was.
Commissioner Gort: To the way it was.
Commissioner Plummer: As we were originally.
Chairman Hernandez: Which it was.
Commissioner Teele: Yeah. There is no CRA in this country that works for a general
government.
Chairman Hernandez: Right.
Commissioner Teele: The two roles are just, are not compatible, to be very candid.
Chairman Hernandez: That was changed when I became Chairman.
Commissioner Plummer: That's correct.
Chairman Hernandez: When Richard Dunn, when the reverend was here, it was independent.
Mr. Herb Bailey (Asst. City Mgr./Exec. Dir. of Community Redevelopment Agency): It was
independent, Mr. Chairman and I think what this ordinance would do, it would reverse the
previous ordinance which change the code to transfer it to Planning and Development.
Chairman Hernandez: Right after I left.
Mr. Bailey: Yes.
Chairman Hernandez: So, now it's in the Manager's office.
Mr. Bailey: Well, that was the intent. Actually, the resolution that transferred the real estate and
the personnel to the Manager's office never did get on the agenda. If you pass this ordinance
here, everything would be done correctly.
Chairman Hernandez: So, the CRA will become once again, an independent body?
113 November 26, 1997
Mr. Bailey: An independent body, yes.
Commissioner Regalado: Would? Mr. Chairman, the Commissioners will still be member of?
Mr. Bailey: The Commissioners will always be the board members of the CRA.
Commissioner Regalado: So, we have not been called to any meeting in the last...
Chairman Hernandez: No, how it's been working is, we have 21 members, I believe. And, then
they take a vote and they come before us. The chairman of that committee, which is one of us,
which will probably be Commissioner Teele, then presides over the CRA board before us.
Commissioner Plummer: But, that's .an advisory board.
Commissioner Teele: That's an advisory board.
Commissioner Plummer: Absolutely.
Chairman Hernandez: Right.
Commissioner Teele: Mr. Chairman, the CRA board must be...
Commissioner Regalado: Yeah.
Commissioner Teele: ... this Commission.
Chairman Hernandez: Correct, correct.
Commissioner Teele: And, that's what this would make. We continue that the CRA board
would be this Commission. And, of course, there would be a chairman which either you or the
Mayor or the Commission, I don't know who appoints it.
Chairman Hernandez:
I appoint it.
Commissioner Teele:
All right. I would be very grateful if you would consider me, Mr.
Chairman.
Chairman Hernandez:
Sure, no problem.
Commissioner Teele:
I appreciate it. Thank you.
Commissioner Regalado: But, as still with...
Chairman Hernandez:
I will appoint you, right now, if you want.
Commissioner Teele:
I sure would like it, Mr. Chairman.
Commissioner Regalado: We will still have separate meetings?
Chairman Hernandez:
Right.
Commissioner Teele:
Don't cutoff the Chairman, who was about to speak.
Commissioner Regalado:
He is going to appoint you, we know that.
114 November 26, 1997
r1
Chairman Hernandez: Yeah, we have the advisory board which meets....
Commissioner Plummer: Wait, wait, wait. Wait, part of that is in my district, District 2.
Commissioner Regalado: It's not.
Chairman Hernandez: There is the advisory board and then they come before us, and then the
chairman, which will be, I appoint, Chairman Arthur Teele to preside over the CRA board.
Commissioner Teele: Thank you, Mr. Chairman. I accept.
Chairman Hernandez: All right.
Mr. Bailey: This ordinance, is it?
Commissioner Gort: You moved it? Did you move it? Second.
Mr. Jones: Yeah.
Commissioner Gort: You made a motion?
Mr. Jones: Yeah.
Commissioner Gort: If he makes the motion, I'll second it. So move.
Commissioner Regalado: Second.
Chairman Hernandez: Commissioner Gort makes the motion and seconded by Commissioner
Regalado. All those in favor, say "aye:"
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 97-834
A MOTION APPOINTING ARTHUR E. TEELE, JR. AS CHAIRMAN OF THE
SOUTHEAST OVERTOWN / PARK WEST COMMUNITY REDEVELOPMENT
AGENCY (CRA).
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
115 November 26, 1997
Mr. Jones: Mr. Chair.
Chairman Hernandez: Yes, sir.
Mr. Jones: I believe you have two separate. You have one also for the Omni area.
Chairman Hernandez: I... Yes, we do.
Mr. Jones: You don't want to deal with that now?
Chairman Hernandez: Yeah. I guess, we might as well. I would like to appoint...
Commissioner Plummer: Commissioner Plummer, on whose district that lies, recommends
Commissioner Arthur Teele to serve in both capacities. As we recall, we attended the same
meeting. We had one meeting and then we adjourned and we had the second meeting. They are
independent. But, I think it's... for coordination purposes, that which lies in my district, I will
recommend Commissioner Teele to be the chairman, also of.
Commissioner Gort: I will second the motion.
Chairman Hernandez: Motion by Commissioner Plummer, seconded by Commissioner Gort.
All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: Those against?
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 97-835
A RESOLUTION APPOINTING ARTHUR E. TEELE, JR. AS CHAIRPERSON OF
THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT
AGENCY (SEOPW/CRA); AND APPOINTING ARTHUR E. TEELE, JR. AS
CHAIRPERSON OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY
(OMNI/CRA).
(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 J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Commissioner Teele: Mr. Chairman, can the attorney read the ordinance into the record?
116 November 26, 1997
Chairman Hernandez: Sure.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD.]
Commissioner Teele: So moved, Mr. Chairman.
Commissioner Plummer: Second.
Chairman Hernandez: There is a motion, there is a second by Commissioner Plummer. Moved
to Commissioner Teele, prior to roll call. Please, comments.
Mr. Manuel Gonzalez-Goenaga: I am in favor of it, provided it's not, you people are not
violating the rules of this Commission from previous time that the most you were allowed is two
pocket items per person. And, if you want to, I can bring the... Mr. Suarez is using the
Constitution of the United States. I am going to use now, the Magna Carta from England.
Thank you, very much. Please, don't violate your own rules.
Chairman Hernandez: Thanks for the comments. Roll call.
An Ordinance entitled -
AN ORDINANCE REPEALING IN ITS ENTIRETY, ORDINANCE NO. 11561,
ADOPTED OCTOBER 28, 1997. RELATED TO THE SOUTHEAST OVERTOWN /
PARK WEST REDEVELOPMENT DISTRICT AND COMMUNITY
REDEVELOPMENT AGENCY ("CRA"); THEREBY PROVIDING THAT THE CRA
BOARD OF DIRECTORS SHALL EMPLOY AND FIX THE COMPENSATION OF
THE DIRECTOR OF SAID CRA AND THAT SAID CRA DIRECTOR SHALL
EMPLOY SUPPORT STAFF AS NECESSARY; FURTHER DIRECTING THE CITY
MANAGER TO IMMEDIATELY SHIFT ALL BUDGETARY APPROPRIATIONS
AND SUPPORT STAFF TRANSFERRED AS A RESULT OF SAID ORDINANCE
BACK TO SAID CRA; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Teele, seconded by Commissioner Plummer, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
117 November 26, 1997
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.
----------------------------------------------------------------------------------------------------------------
44. AMEND R 97-183 -- EXTEND DEADLINE OF YOUTH SERVING
ORGANIZATIONS OPERATING SPORTS PROGRAMS IN CITY PARKS TO
CONDUCT REQUIRED FUND RAISING SPECIAL EVENTS -- REQUIRE
ANNUAL FINANCIAL AUDIT.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Is that it?
Chairman Hernandez: Commissioner Regalado.
Commissioner Regalado: Mr. Chairman, members of the Commission. I have a pocket item that
has to do with the parks and with the Sports Youth Programs in the City of Miami parks. As you
all may remember, we approved a resolution that requires that all youth serving organizations
operating in the City of Miami parks to conduct a minimum of one fund raising special event
with proceeds to be used for the recently implemented park user fees. The ordinance had been
amended to require that these fund raising, special events be held by November 30th of this year.
However, some of these groups had not been able to comply with the deadline. However, I have
a list and... Where is the City Manager? Oh, he's there. And, most, most of these youth
organizations have shown good faith. They have raised money, and I have a list, that it will be
very long to read. But, I can tell you that they have complied, most, if not all of them, with part
of the commitment that they made. I have visited these organizations and Mr. Chairman and
members of the Commission, I think that we should extend this deadline for six months and
work with these groups. These groups are serving the City of Miami and as I... I can show the
members of this Commission the list of groups that have complied, have brought their checks to
the parks department. Mr. Manager, if you want to make a comment? I think there are one or
two groups that have expressed their opinion and say, they cannot raise money. And, they claim
that they give scholarships and that they take care of the children. And, I know that
Commissioner Plummer has always been on top of this issue, but I tell you, J.L., these groups in
the Northwest area of Miami are doing a great job with their children. And, indeed, they are
giving some free tuition in terms of the sports that they offer to the kids. So, I would ask the
Commission to extend this deadline...
Commissioner Gort: Second.
Commissioner Regalado: ... for six months.
Commissioner Gort: Second.
Chairman Hernandez: We have a motion by Commissioner Regalado. Second by Commissioner
Gort. All those in favor say "aye."
Commissioner Plummer: Mr. Chairman, under discussion.
Chairman Hernandez: Discussion.
Commissioner Plummer: I have no problem with the extension of six months. My concern is,
that they still must file a financial statement at the end of December. My concern happens to be
118 November 26, 1997
that it's information brought to my office, that some of these people are operating a profit
business in these parks, where the park gets nothing, and they are making 30, 40 and fifty
thousand dollars ($50,000) off of these programs. Now, the only way we are going to know
whether or not that's true, is for them to file a financial statement and that's why Commissioner
Regalado, very rightfully so, said "Guys, you have got to raise money to help offset the cost of
maintaining the parks." But, with... I'll go along with the six-month extension, but it's got to be
with a proviso, they still file a profit, a financial statement at the end of December.
Chairman Hernandez: You would like to add that?
Commissioner Regalado: J. L., I think that City Manager Ruder, has some of them, most.
Mr. Ruder: Yes. The majority of these groups have already filed financial statements for the
last three years and they have been sent to all the... to at least the Commissioners from before.
And, again, it's been for three years, not just for the last six months. And, I think you, you
know, we have sent them to you for any comments or evaluation, we haven't heard anything
back. But, they, basically all of them except maybe three out of 21 have done so. And, some of
the ones who have not done so, could not afford to hire a CPA (Certified Public Accountant) to
do it. And, some have done it without, with accountants who are not CPAs. But, they have still
tried to file something.
Chairman Hernandez: Commissioner...
Commissioner Plummer: As long as it's done on an annual basis.
Chairman Hernandez: Commissioner Regalado, do you mind adding that to your motion?
Commissioner Regalado: Oh, no. Absolutely, not. I would like to add that by the end of
December, all of these groups should have financial statements. Now, you have to understand,
J.L., that there are at least one or two that have said, that they will not or they cannot pay for an
accountant to file a report. Now, how are we going to deal with? Commissioner Gort.
Commissioner Gort: I think we could probably get some of the accounting firms to provide a
service for them pro bono.
Commissioner Plummer: Absolutely.
Chairman Hernandez: We have a motion by Commissioner Regalado, second by Commissioner
Gort. All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against? We have a unanimous vote.
Mr. Ruder: I just have a clarification. If they have already submitted statements, and you all
have them, then...
Commissioner Regalado: They don't need to. They don't need to.
Mr. Ruder: OK.
Commissioner Plummer: If they have done it for 1997, that's fine.
Mr. Ruder: OK.
119 November 26, 1997
The following resolution was introduced by Commissioner Regalado, who moved its adoption:
RESOLUTION NO. 97-836
A RESOLUTION AMENDING RESOLUTION NO. 97-183 ADOPTED MARCH 20,
1997, BY EXTENDING THE DATE FROM SEPTEMBER 30, 1997 TO MARCH 31,
1998 BY WHICH ALL YOUTH SERVING ORGANIZATIONS (ORGANIZATIONS)
OPERATING PROGRAMS IN CITY OF MIAMI PARKS ARE REQUIRED TO
CONDUCT A MINIMUM OF ONE (1) FUND RAISING SPECIAL EVENT, EITHER
INDIVIDUALLY OR IN CONJUNCTION WITH OTHER ORGANIZATIONS, AND
ALSO THE DATE BY WHICH SAID ORGANIZATIONS MUST SUBMIT A
FINANCIAL AUDIT TO THE CITY MANAGER.
(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 J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
45. (A) SCHEDULE ATTORNEY -CLIENT SESSION ON DECEMBER 9,
1997 AFTER 9 A.M. FOR POTTINGER V. CITY OF MIAMI CASE
(HOMELESS) PENDING LITIGATION.
(B) BEGIN FUTURE CITY COMMISSION MEETINGS AT 10 A.M.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Prior to, we only have two pockets items left which are mine, and prior to
those two pockets items, I think the City Attorney wants to make a comment on a case that is
coming up, settlement.
Mr. A. Quinn Jones, III, Esq. (City Attorney): That's correct. That's correct, Mr. Chairman.
Chairman Hernandez: Are you going to make the comment?
Mr. Jones: Oh, you want me to do it, now?
Chairman Hernandez: Yes, go ahead.
Mr. Jones: Oh. This concerns the Pottinger versus the City of Miami, the homeless litigation.
As you know, we had extended mediation session over the past few months, and we have
essentially almost concluded, or should I say, reached a tentative settlement in accordance with
120 November 26, 1997
the executive sessions provision under State Law. I am requesting that we convene an executive
session for the morning of December, the meeting of December 9th at 8 o'clock to discuss
litigation strategy and possible settlement. In attendance at that meeting would be the
Commission. The Chairperson, Mr. Hernandez, Commissioners Gort, Plummer, Commissioner
Teele, Commissioner Regalado, the City Manager and our counsel, special counsel who has been
involved in the mediation. So, I would ask that, if you would, and the mediator has requested he
wants to put some closure and finality to this. So, I would request that we have that session on
December 9th.
Commissioner Gort: Move it.
Commissioner Regalado: Mr. Chairman, today we started the meeting at ten. And, I was
wondering if we could have the executive session at nine, and start the meeting at ten. And, the
reason is I have to be on the air on the radio station until nine. So, if...
Chairman Hernandez: Does anybody have any objections to that?
Commissioner Gort: So moved.
Commissioner Teele: Second.
Chairman Hernandez: OK, we have a motion by Commissioner Gort, seconded by
Commissioner Teele. All those in favor, say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 97-837
A MOTION SCHEDULING AN ATTORNEY -CLIENT SESSION, CLOSED TO THE
PUBLIC, ON DECEMBER 9, 1997 SHORTLY AFTER 9 A.M. (FOLLOWING THE 9
A.M. OPENING AND RECESS OF THE SCHEDULED REGULAR COMMISSION
MEETING) IN CONNECTION WITH PENDING LITIGATION IN POTTINGER V.
CITY OF MIAMI; FOLLOWING SAID SESSION, THE REGULAR COMMISSION
MEETING WILL RECONVENE.
Upon being seconded by Commissioner Teele, the motion was passed and adopted by the
following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Tomas Regalado
Commissioner Arthur J. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Chairman Hernandez: So, on December the 9th, we shall start at 9 o'clock with an executive
meeting, and then follow it up by a regular Commission meeting.
Commissioner Plummer: Mr. Chairman.
121 November 26, 1997
Mr. Jones: One clarification. You should start the regular meeting at nine, then go into
executive session.
Chairman Hernandez: OK.
Mr. Jones: OK, I just want to make sure that, you know, we are...
Chairman Hernandez: Good enough.
Commissioner Plummer: Mr. Chairman, if I may?
Chairman Hernandez: Yes.
Commissioner Plummer: You have done such an excellent job here today. I would like for
consideration from my colleagues on this Commission, that we start in the future, our meetings
at 10 o'clock. It would be beneficial to me, and I don't know about others, that we could do
some business if we had to, prior to coming here. So, I would like consideration that we start our
meetings at 10 o'clock. It would give me the opportunity to go into my business and do some
things that require my attendance. So, if there is no objection...
Commissioner Gort: What was that again?
Commissioner Plummer: There are some things that require my attendance, they don't walk to
the cemetery.
Chairman Hernandez: Commissioner Teele.
Commissioner Teele: So moved, Mr. Chairman, providing Commissioner Plummer washes his
hands.
Commissioner Gort: Second.
Commissioner Plummer: I shall do so, and I second the motion.
Chairman Hernandez: Moved by Commissioner Teele, second by Commissioner Plummer. All
those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against? Good.
122 November 26, 1997
0
The following motion was introduced by Commissioner Teele, who moved its adoption:
MOTION NO. 97-838
A MOTION DIRECTING THE ADMINISTRATION TO BEGIN ALL FUTURE CITY
COMMISSION MEETINGS AT 10 A.M.
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 Tomas Regalado
Commissioner Arthur J. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
46. (A) APPROVE HIRING OF RODRIGUEZ, TRUEBA & COMPANY,
PUBLIC ACCOUNTANTS (CPA's) FOR CONSULTING,
ACCOUNTING AND OTHER FINANCIAL SERVICES REGARDING
PROPOSED REVISED FIVE YEAR PLAN -- ALLOCATE
MAXIMUM FEE OF $25,000 FROM MAYOR'S OFFICE FISCAL
YEAR '97-98 BUDGET.
(B) SCHEDULE BUDGET RECONCILIATION OF CITY ATTORNEY
AND CITY CLERK'S OFFICES FOR 1998 COMMISSION AGENDA.
Chairman Hernandez: Two pocket items. One pocket is the Mayor's resolution authorizing the
engagement of Rodriguez, Trueba & Company, the CPA (Certified Public Accountants) firm to
provide services to the Mayor, relating to the proposed five year plan for a fee not to exceed
twenty-five thousand dollars ($25,000). This is in reference to services he needs to his trip to
Tallahassee to meet with the Oversight Committee members and the bond rating firms in New
York.
Commissioner Teele: So move.
Commissioner Plummer: I second the motion, but I have a question to ask. I think that it is still
the purview of this Commission for the five year plan. Am I correct?
Chairman Hernandez: That's correct. We're the ultimate.
Commissioner Plummer: So, in other words, they can put their plan together, but this
Commission has to approve it before it goes to the Oversight?
Chairman Hernandez: Absolutely.
Commissioner Gort: It will have to come back to us. OK.
123 November 26, 1997
Commissioner Plummer: OK, thank you.
Commissioner Gort: Second.
Commissioner Teele: In moving it, I would ask that the funds come from the existing Mayor's
office, with the understanding that there is going to have to be a budget amendment. But, in the
short term, let's just look at him as spending some of his funds from July, to August, September,
until we do a budget amendment.
Chairman Hernandez: OK.
Commissioner Teele: I think that will clarify the issue as it relates to the Governor's Board and
all of that. Because, I think it's very important that we identify funding source for the time
being.
Chairman Hernandez: All right. I have no problem with that. Anybody has an objection?
Comments?
Commissioner Plummer: Not at all.
Commissioner Gort: No.
Mr. Manuel Gonzalez-Goenaga: Yes. Except that any expense over forty-five hundred dollars
($4,500) needs to approval of the Oversight Board.
Commissioner Plummer: Oh, the Oversight Board.
Mr. Gonzalez-Goenaga: It has been changed. But, you are... Look, everything is being changed
here so abruptly regarding these pocket items, these emergency items and these ordinance on an
emergency. This has never been the procedure of this Commission. And, Mr. Plummer, you are
the old statesmen of this Commission. You should set up the example. Thank you, very much.
Commissioner Plummer: Thank you, sir.
Mr. Gonzalez-Goenaga: I am sorry, I am just speaking my mind, and I don't want to spend more
money. I need lawyers also. I am acting as my own lawyer at my own expense, not at citizens
expense.
Commissioner Plummer: And, you will have to correct me. Is there not a statement that a man
who has himself for a lawyer...
Mr. Gonzalez-Goenaga: Has a fool as a client.
Commissioner Plummer: That's what I thought. Yes, I couldn't remember the last line.
Mr. Gonzalez-Goenaga: No, and I told the judge... And, I told the judge, then I am double fool
because I am not an attorney and I am suing myself, because my previous attorney committed
treason.
Commissioner Plummer: Your gift certificate at the funeral home is still waiting.
Chairman Hernandez: Thank you. We have a motion by Commissioner Teele, seconded by
Commissioner Plummer. All those in favor say "aye."
124 November 26, 1997
The Commission (Collectively): Aye.
Chairman Hernandez: All those against? Unanimous vote.
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 97-839
A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE ENGAGEMENT OF
RODRIGUEZ, TRUEBA & COMPANY, CPAs P.A., A CERTIFIED PUBLIC
ACCOUNTING FIRM, TO PROVIDE CONSULTING, ACCOUNTING, AND OTHER
FINANCIAL SERVICES TO THE CITY OF MIAMI IN CONNECTION WITH THE
MEETINGS TO BE HELD IN DECEMBER, IN NEW YORK CITY AND
TALLAHASSEE, RELATING TO THE CITY'S BOND RATING, AND THE
PREPARATION OF PROPOSED BUDGET REVISIONS RELATING TO THE
MAYOR'S PROPOSED REVISED FIVE 950 YEAR PLAN, FOR A FEE NOT TO
EXCEED $25,000; ALLOCATING FUNDS THEREFOR FROM ACCOUNT NO.
92102-270; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID
SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Commissioner Teele: Mr. Chairman.
Chairman Hernandez: Yes.
Commissioner Teele: Would you reflect that was a motion as amended...
Chairman Hernandez: Motion as amended in that the monies are going to come from the budget
of the Mayor's staff.
Commissioner Teele: ...from the overall budget of the Mayor.
Chairman Hernandez: Of the Mayor.
Commissioner Teele: The fiscal year budget for the Mayor. Mr. Chairman, with that in mind, as
a result of the Charter, there are several budgetary things that will have to be reviewed. One of
them of course, is the notion that the City Clerk and the City Attorney will now have to have
their own budget processes. And, obviously, with the Mayor and a Chairman, we would expect
to see some budget.
125 November 26, 1997
Chairman Hernandez: Budget.
Commissioner Teele: And, I would just think that we should really try whenever it's convenient
to establish, you know, February or March as a period in which we tried to get the budget
amended, a reconciliation. Because, that's something that obviously the Oversight Board is
going to want to look at, and I think the attorney has a position on it, and we need to figure out
where we are going on it.
Chairman Hernandez: So, we are not only going to do a budget amendment for this motion, for
this resolution, but for...
Commissioner Teele: The whole City.
Chairman Hernandez: ... the whole City.
Commissioner Gort: With this many changes, you have to.
Chairman Hernandez: Yeah.
Commissioner Plummer: Oh, God, yes.
Chairman Hernandez: Yeah.
----------------------------------------------------------------------------------------------------------
47. ALLOCATE $200,000 FROM PROGRAM INCOME OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS TO CONTINUE STREET
CLEANING PROGRAM UNDER INTERIM ASSISTANCE.
Chairman Hernandez: The second resolution is a resolution allocating... This is in reference to,
I am sure most of you have seen it, the street cleaning program that has been going on for some
months now. We have some participants, part-time employees of the City of Miami that are
here. And, it's a resolution allocating two hundred thousand dollars ($200,000) from program
income of the Community Development Block Grant funds to continue the interim assistance
program to approximately January 9th of 1998. And, cover the program's budget deficit which
is currently in existence in the amount of 78,000 and personnel cost in the amount of one
hundred and twenty-two thousand dollars ($122,000).
Commissioner Teele: So moved, Mr. Chairman.
Commissioner Regalado: Second.
Commissioner Plummer: Discussion.
Commissioner Regalado: And, Mr. Chairman.
Chairman Hernandez: Discussion.
Commissioner Regalado: If I may?
Chairman Hernandez: Sure.
126 November 26, 1997
Commissioner Regalado: I am very happy that we are doing this today. I am very proud that I
was able to be part of the first resolution. And, I would like to, if possible add to the
commitment of this Commission to look for funds that will make permanent this service to the
City of Miami. We have now through Christmas and the New Year, this service. And, I don't
have to tell you, or any members of the Commission, how happy the people of Miami are with
this service. I am really proud of you, and I think that the City of Miami deserves to have this
permanent service. And, I would add, if possible, the commitment that we are going to look for
the funds to make this a permanent fixture.
Commissioner Regalado: Thank you, Commissioner Regalado. I think that's the will, but...
Commissioner Gort: Mister... Under discussion, also.
Chairman Hernandez: Commissioner Gort.
Commissioner Gort: Mr. Chairman, I would like to be considered to let us know which streets
are the ones that are going to be taken care of. Because, we have Northwest 36th Street, 20th
Street, 17th Avenue and 22nd Avenue, that needs a lot of work. So...
Chairman Hernandez: I think it would only be fair that we do pass this program through the
different districts so everybody is well covered and the City looks clean throughout.
Commissioner Regalado: Yeah.
Commissioner Gort: So moved. Second.
Chairman Hernandez: We have a motion by Commissioner Teele, seconded by Commissioner
Gort. All those in favor say "aye."
The Commission (Collectively): Aye.
Chairman Hernandez: All those against?
127 November 26, 1997
The following resolution was introduced by Commissioner Teele, who moved its adoption:
RESOLUTION NO. 97-840
A RESOLUTION ALLOCATING FUNDS IN THE AMOUNT OF $200,000.00 FROM
PROGRAM INCOME OF THE COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS TO CONTINUE THE INTERIM ASSISTANCE PROGRAM, AS RELATED
TO THE STREET CLEANING PROGRAM, TO APPROXIMATELY JANUARY 9,
1998, SAID FUNDS TO COVER THE PROGRAM'S BUDGET DEFICIT, IN THE
AMOUNT OF -- $78,000 AND PERSONNEL COSTS, IN THE AMOUNT OF
$122, 000.
(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 J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
Chairman Hernandez: Thank you. We are going to take a five minute break before we get into
the Planning and Zoning agenda.
Commissioner Plummer: Thank God.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 4:42 P.M., AND RECONVENED AT 5:02 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION EXCEPT
CHAIRMAN HERNANDEZ, FOUND TO BE PRESENT.
----------------------------------------------------------------------------------------------------------------
48. DIRECT CITY ATTORNEY AND CITY MANAGER TO PROVIDE
COMMISSIONERS WITH ALTERNATIVES TO ALLEVIATE
HOMEOWNERS' INSURANCE VERY HIGH RATES (FEES) TO CITY
RESIDENTS -- LOBBY STATE LEGISLATURE.
Commissioner Plummer: To my colleagues. Can I just make a comment? I don't know about
my colleagues, and I hope the City Manager is watching my comments. You know people every
day in Dade County and Miami are complaining about their taxes. But, I don't know if any of
you have just recently got your bill for your Homeowners Insurance. And, if you have a
mortgage, it's mandatory. Now, I can afford it. But, let me tell you, something.
128 November 26, 1997
Commissioner Regalado: I cannot.
Commissioner Plummer: Well, let me tell you what I am trying to say. My homeowners' policy
went from the day before Andrew of one thousand and forty-eight dollars ($1,048). And, on
December the 12th, I have got to spend three thousand and twelve dollars ($3,012) for a
homeowners' insurance.
Commissioner Regalado: J.L.
Commissioner Plummer: My point that I am trying to make, Mr. City Attorney and to the City
Manager who is not here. You know, I know that's not within our purview, but the Comptroller
of the State of Florida and the Insurance Commissioner have absolute control. And, if you look
at the difference between the insurance rates down here and the insurance rates further north,
they are not spread even across this State of Florida. I would hope that there is something that
this City Commission can do.
Commissioner Regalado: There is.
Commissioner Plummer: That we can go... And, I remember so well, in the old days when they
had the regulation of milk pricing. It was said that the City of Miami couldn't do anything about
it. But, let me tell you, a man by the name of Otis Schiver went and fought as the David against
the Goliath. And, I would like to see this City Commission, if we don't do anything but raise
hell, try to do something. Because, I can tell you, when you put the combination of taxes and
insurance together, it's absolutely making people move out of this Dade County, out of the City
of Miami.
Commissioner Regalado: J.L.
Commissioner Plummer: And, I don't know what we can do.
Commissioner Regalado: J.L., can I say something? Because, I have also been very concerned
about this as a property owner. I had about two weeks ago, Insurance Commissioner Bill Nelson
in my radio program. Now, he went to the radio program because he said that he needed the
support of the people of Dade County and elected officials, because he recently vetoed a
proposal by one of the major insurance companies to raise their fees in Dade County. And, he
said that he was overturned by a board. There is a three member board; one appointed by him,
one member, by him; another one by the industry; and the third selected by the two members.
And, these three member panel has the authority to veto any action that the Insurance
Commissioner will take. He complained, and he came to Miami, to the radio to ask elected
officials and the people of Miami and Dade County to lobby with the State Legislature for, in the
next session, starting in February to eliminate that board, so he would have the responsibility of
vetoing any raise that any insurance company would want to do. And, I think that, what we can
do is, we can lobby the Dade County Delegation so that they can read, you know, what we want,
and get rid of this three-man panel.
Commissioner Plummer: Well, I am going to ask, and I don't need it in the form of a motion.
But, I am going to ask the City Attorney and the City Manager to come back to our next meeting
and give us any ideas or suggestion that what we can do as a Commission to try and relieve the
suffering of the people of our City and of this County.
Commissioner Regalado: Let me tell you, I will volunteer, because I know Bill Nelson very
well. He is a good friend. And, I will volunteer to bring some to this Commission in terms of
what we can do. But, I think that what is going on is this three -member panel, or so he says.
Because these people are not accountable to the voters of the State of Florida, and he is. So...
And, he has to run next year for Insurance Commissioner. So, he needs...
129 November 26, 1997
Commissioner Plummer: Mr. Regalado, all I am asking is, the City Manager and the City
Attorney to come back at our next meeting, and give us, if there are any ideas of what we can do.
You know, 26 years, there was never a hurricane, and they collected money. You know who
was one of the guys whose company went broke during Andrew? You are looking at him. The
company I had, went broke before they could pay a claim. And, they have been collecting
money for years and years. And, I am glad that you know, Mr. Bill Nelson, but I'll also inform
you, my brother was in his wedding and that doesn't hurt. All I am asking, Mr. Chairman, I was
taking up some time. I am not asking for a motion, but I think that this Commission cannot sit
still and let our citizens be taxed the way they are being taxed and especially when it's
mandatory.
Commissioner Regalado: Right.
Commissioner Plummer: That they have a mortgage, they have to have that insurance. That we
have got to do something, at least try to do something on behalf of our citizenry. So, I thank you
for the time.
Chairman Hernandez: Thank you, Commissioner Plummer.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
49. DISCUSS PROPOSAL FOR EXECUTIVE MAYOR'S SALARY AND
BENEFITS.
----------------------------------------------------------------------------------------------------------------
Chairman Hernandez: Just a quick item. We are not going to make any vote on it, and I am
going to put it for the agenda of December the 9th. We do have to take, we have to make a
decision and approve a salary for the Mayor of the City of Miami. So, I want you guys to think
about it, and whatever benefits, I believe all he's asked for, is the same executive package that
the rest of the directors of the City of Miami receive.
Commissioner Plummer: Oh, I thought that was pro bono.
Commissioner Gort: One dollar a year.
Commissioner Plummer: That's too much.
Chairman Hernandez: A dollar a year? We will take that one up on the 9th of December.
Commissioner Plummer: Boy, I hope, Mr. "Boom -Boom" Goenaga, is not here.
Commissioner Teele: Mr. Chairman, as chairman, would you give us a report as to your
recommendations at the next meeting?
Chairman Hernandez: No problem. I will make a recommendation with whatever benefits on
top of the salary, in addition to the salary. Thank you very much.
Commissioner Plummer: When you are doing that, I have to ask a question, Mr. Chairman.
Chairman Hernandez: Uh-huh.
130 November 26, 1997
Commissioner Plummer: The Mayor has made a statement, whether he has the right or not, we
are still in a void here. That no department head in this City will make more than ' X." No, he's
"X." Will not make more than a certain amount of salary.
Chairman Hernandez: Ninety-five thousand dollars ($95,000).
Commissioner Plummer: OK, now, we have people who are making in excess of that now.
Now, when are we going to address that issue? Either, I guess, we concur with the Mayor, or we
don't. And, if we do, that these people... Will it be back to October 1, and they will have to pay
us money? Is it starting January 1? I am asking that we address the issue, because I am looking
at a few of them around here, who are, in fact, making more than that ninety-five. And, I am
sure that they are concerned how much they should spend for Christmas. So, I hope that we will
address that same issue when we discuss...
Chairman Hernandez: I'll put those two issues on the agenda.
Commissioner Gort: I can't think you can make it retroactive.
Commissioner Plummer: OK, I don't either. I don't think it should be retroactive. But, I am...
Commissioner Gort: It shouldn't be retroactive.
Commissioner Plummer: Willy, what I am saying is, we don't know. And, we need to do it to
define what in fact that is going to be. My final comment, Mr. Chairman, is that no department
head be allowed to have their picture in the Miami Herald that was taken during Junior High
School.
Chairman Hernandez: I definitely didn't recognize...
Commissioner Regalado: That's goes to Jim Kay, right?
Commissioner Plummer: Mr. Kay, you will supply a regular photo.
Commissioner Regalado: How many years ago was that picture taken?
Mr. Jim Kay (Interim Director/Public Works): The picture in the Herald today, is not of me.
Commissioner Regalado: Ah-hh, see.
END OF DISCUSSION -- NO ACTION TAKEN
131 November 26, 1997
----------------------------------------------------------------------------------------------------------------
50. EXPRESS CONDOLENCES OF CITY COMMISSION TO FAMILY OF
CUBAN LEADER JORGE MAS CANOSA.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Chairman.
Chairman Hernandez: Yes.
Commissioner Plummer: I don't want to pick up your time, but, you know, it is appropriate that
this Commission has always gone on record, the recognition of a very well known person, his
name Jorge Mas. And, a resolution be spread across the minutes and the condolences be sent to
the family. I think one of you should make the motion. It would be appropriate. We have not
done anything of that nature.
Chairman Hernandez: Before we start with PZ-1 on our Planning and Zoning agenda, something
that was not done in the morning. I would like to request, respectfully request a resolution from
the City of Miami passing on the condolences to the family and in honor of the passing away of
Jorge Mas Canosa, the Cuban exile leader that passed away on Sunday night.
Commissioner Gort: Second.
Chairman Hernandez: Seconded by Commissioner Willy Gort. All those in favor say "aye."
The Commission (Collectively): Aye.
Commissioner Plummer: And, that resolution should be forwarded to the family over our
signatures.
Chairman Hernandez: OK.
Commissioner Regalado: Yes. Make sure that that resolution will have the signatures of all the
members of the Commission.
Commissioner Plummer: That's fine.
Chairman Hernandez: Yes.
132 November 26, 1997
•
•
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 97-841
A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY OF
MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF JORGE MAS
CANOSA, UPON HIS UNTIMELY DEATH.
(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 J.L. Plummer, Jr.
Commissioner Tomas Regalado
Commissioner Arthur E. Teele, Jr.
Chairman Humberto Hernandez
NAYS: None.
ABSENT: None.
133 November 26, 1997