HomeMy WebLinkAboutCC 1996-11-21 Minutesli
CITY OF NdIA1Vf;
OFN U. WflELD,'(W-`-.NOVEftBSR 21 1996•
(REGULAR, & PLANNING'AND ZONING)
FOWED, By Twi `,OFLFI'CE tiF✓ TO' CffTY CLERKj'g
CITY, NALL, "
FiALTtA. I,
CITY ti�,EfiK.
[AN
ITEM SUBJECT
NO.
.iS9R'h.
INDEX
MINUTES OF REGULAR AND
PLANNING AND ZONING MEETING
November 21, 1996
LEGISLATION PAGE
NO.
1. (A) DISCUSS/ DEFER CONSIDERATION OF
R 96-821
FIRST READING ORDINANCE (AMEND
R 96-822
CHAPTER 22 OF CODE, ENTITLED
R 96-823
"GARBAGE AND TRASH", SECTION 22-12(a)
R 96-824
INCREASING WASTE FEES,) TO DECEMBER
M 96-824.1
11/21/96
12, 1996 COMMISSION MEETING.
(B) DIRECT ADMINISTRATION: TO INFORM
PUBLIC OF TRASH PICKUP SCHEDULE
THROUGH UTILIZATION OF DISTRICT MAPS.
(C) DIRECTION TO ADMINISTRATION: TO
ESTABLISH A TASK FORCE TO ADDRESS
ISSUES OF RESIDENTIAL PROPERTIES
THAT HAVE NOT PAID GARBAGE
- COLLECTION BUSINESSES THAT DO NOT
HAVE A CERTIFICATE OF OCCUPANCY NOR
A CERTIFICATE OF USE.
(D) DIRECT CITY ATTORNEY: TO COME
BACK BEFORE THE CITY COMMISSION
` WITH DRAFT ORDINANCE STATING POLICY
OF COMMISSION THAT ANY BUILDING
MATERIAL DELIVERED TO A CITY ADDRESS
HAS TO PUT THE BUILDING PERMINT ON
BILL OF LADEN, OR WILL INCUR A FINE.
(E) DIRECT ADMINISTRATION: TO GIVE
WARNINGS AND FINES TO THOSE
INDIVIDUALS OPERATING BUSINESSES
WITHOUT CERTIFICATE OF USE BEFORE
ISSUING AN ORDER TO ARREST SAME.
(F) DIRECT ADMINISTRATION: TO HAVE
PRESIDENTS OF THE UNIONS (NAMELY THE
AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES
(AFSCME), LABORERS' INTERNATIONAL
UNION OF NORTH AMERICA (LIUNA), AND
THE INTERNATIONAL ASSOCIATION OF
- FIRE FIGHTERS MEET WITH CITY MANAGER
ON FRIDAY, NOVEMBER 22, 1996 IN
CONNECTION WITH CONCESSIONS AS
PART OF THE STRATEGIC RECOVERY
2-32
49ft�
PLAN.
(G) DIRECT CITY ATTORNEY; TO REVIEW
LANGUAGE OF THE AMERICAN
FEDERATION OF STATE COUNTY AND
MUNICIPAL EMPLOYEES MEMORANDUM OF
UNDERSTANDING, TO ASCERTAIN
WHETHER LANGUAGE INVOLVING
OVERSIGHT COMMITTEE TAKES
PRECEDENCE OVER CIVIL SERVICE RULES
WHICH ALLOWS DUE PROCESS RIGHTS TO
INDIVIDUALS SEEKING EMPLOYMENT WITH
THE CITY.
(H) AUTHORIZE CITY MANAGER TO ENTER
INTO MEMORANDUM OF
UNDERSTANDING -- MODIFYING EXISTING
COLLECTIVE BARGAINING AGREEMENT
BETWEEN CITY AND INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS, (IAFF),
LOCAL 587 PURSUANT TO RESOLUTION
R95-227 -- FOR DEFERRAL OF 4% PERCENT
WAGE INCREASE -- REDUCTION OF
FUNDED POSITIONS FROM 605 TO 590 -- AN
AGREEMENT AFFECTING RIGHTS TO
RECEIPT OF "SALARY RESERVES" FOR
FISCAL YEARS 1995-1996 AND 1996-1997 --
FOR REDUCTION IN REVENUE INCENTIVE
PAY FOR FISCAL YEARS 1996-1997 AND
1997-1998 -- FOR WEEKLY $70.00 PAYMENT
FOR EMPLOYEES RECEIVING WORKERS'
COMPENSATION AND SUPPLEMENTAL
PAY -- FOR CANCELLATION OF 1997 WAGE
REOPENER -- FOR ESTABLISHMENT OF
HIRING COMMITTEE -- FOR ADOPTION OF
REVENUE ENHANCEMENT AND COST
CONTAINMENT MEASURES -- FOR
BIMONTHLY STATUS REPORT.
(1) AUTHORIZE CITY MANAGER TO ENTER
INTO MEMORANDUM OF UNDERSTANDING --
MODIFYING EXISTING COLLECTIVE
BARGAINING AGREEMENT BETWEEN CITY
AND AMERICAN FEDERATION OF
STATE/COUNTY/MUNICIPAL EMPLOYEES
(AFSCME), LOCAL 1907 PURSUANT TO R95-
223, -- FOR DEFERRAL OF 4% WAGE
INCREASE -- FOR DEFERRAL OF ISSUANCE
OF CITY UNIFORMS -- TO SUPPORT CITY'S
USE OF FEDERAL FORFEITURE
FUNDS/FINES WITHIN POLICE
DEPARTMENT -- FOR WITHDRAWAL OF
GRIEVANCE 4-96 -- CANCELLING '97 WAGE
REOPENER --FOR ESTABLISHMENT OF
HIRING COMMITTEE -- FOR ADOPTION OF
REVENUE ENHANCEMENT AND COST
CONTAINMENT MEASURES -- FOR
BIMONTHLY STATUS REPORT.
(J) DIRECT ADMINISTRATION: TO BEGIN
DISCUSSIONS WITH ALL MAJOR WASTE
HAULERS IN DADE COUNTY REGARDING
PRIVATIZATION OF GARBAGE AND TRASH
COLLECTION IN CITY -- FURTHER INCLUDE
IN DISCUSSIONS HIRING OF CITY
EMPLOYEES AND BUYING CITY
EQUIPMENT.
(K) DIRECT ADMINISTRATION: BY
COMMISSIONER PLUMMER, TO INFORM
COMMISSION ON THE IMPACT OF
PERSONNEL EFFECTS RESULTING FROM
CLOSING FIVE NET OFFICES AND TWO
POLICE SUBSTATIONS.
(L) AUTHORIZE CITY MANAGER TO ENTER
INTO MEMORANDUM OF
UNDERSTANDING -- MODIFYING
COLLECTIVE BARGAINING AGREEMENT
BETWEEN CITY AND LABORERS
INTERNATIONAL UNION OF NORTH
AMERICA (LIUNA), LOCAL 800 -- FOR
FORFEITURE OF $500, WAGE BONUS -- TO
LIMIT WORKERS' COMPENSATION AND
SUPPLEMENTAL PAY -- RECEIVE PAY
CHECKS ON FRIDAY -- ESTABLISH HIRING
COMMITTEE -- FOR ADOPTION OF
REVENUE ENHANCEMENT /COST
CONTAINMENT MEASURES -- PROVIDE
FOR BIMONTHLY STATUS REPORT.
(M) SCHEDULE SPECIAL COMMISSION
MEETING FOR DECEMBER 23, 1996, AT
9:A.M. -- FOR SECOND READING OF SOLID
WASTE FEES INCREASE ORDINANCE.
(N) SCHEDULE COMMISSION MEETING IN
DECEMBER FOR DECEMBER 12, 1996.
2. VICE MAYOR GORT TO BE LIAISON /
COMMISSION REPRESENTATIVE TO BLUE
RIBBON PANEL COMMITTEE FOR
REVIEWING PROCEDURAL STEPS FOR
CREATION OF DISTRICT ELECTIONS WITH
THE CITY -- SAID BLUE RIBBON COMMITTEE
SHALL CONSIDER THE ISSUE OF
PROPOSED DISTRICTS, HOW MANY, AND
THE APPROPRIATED COMPOSITION OF
SAME. (SEE LABEL 4)
DISCUSSION
11 /21 /96
32-33
*w�
�i
3.
(A) APPOINT COMMISSIONER HUMBERTO
R 96-825 33-36
HERNANDEZ TO JOBS AND EDUCATION
M 96-825.1
PARTNERSHIP REGIONAL BOARD/ WAGES
M 96-826
COALITION BOARD SUBCOMMITTEE.-- SEE
11/21/96
LABEL 18.
(B) APPOINT COMMISSIONER J.L. PLUMMER
TO JOBS AND EDUCATION PARTNERSHIP
REGIONAL BOARD, FORMERLY PRIVATE
INDUSTRY COUNCIL (PIC) -- SEE LABEL 18.
4.
DISCUSS COMMISSIONER HERNANDEZ IS
DISCUSSION 36-39
AND COMMISSION INVOLVEMENT WITH
11/21/96
BLUE RIBBON PANEL COMMITTEE
EVALUATING STEPS TO CREATE DISTRICT
ELECTIONS. -- SEE LABEL 2.
5.
(A) CONSENT AGENDA -- MISCELLANEOUS
DISCUSSION 39-41
COMMENTS.
11/21/96
(B) DISCUSSION: AMENDMENT TO
AGREEMENT WITH JUAN DIAZ FOR DATA
INPUT SERVICES FOR GEOGRAPHIC
INFORMATION SYSTEM (GIS).
5.1
ACCEPT BID; VILA & SON LANDSCAPING
R 96-827 41
CORP. -- FOR BAYFRONT PARK TREE
11/21/96
CANOPY REPLACEMENT, H-1095 --
ALLOCATE FUNDS ($21,709.95, FROM CIP
ORDINANCE 11337, PROJECT 332081).
5.2
ACCEPT BID: B.V. OIL COMPANY -- FOR
R 96-828 41-42
AUTO FLUID FOR FLEET SERVICE
11/21/96
CENTER -- FOR POLICE DEPARTMENT --
ALLOCATING FUNDS ($52,580, ACCT. CODE
421701-713) .
5.3
AUTHORIZE BUILDING AND ZONING
R 96-829 42
DEPARTMENT TO EXPEND FUNDS TO
11/21/96
CONTINUE TO USE MICROFILM DEPOT, INC.
-
SERVICES --ALLOCATE FUNDS ($15,000,
ACCT CODE 560302-996, PROJECT 421991).
5.4
AUTHORIZE EXTENSION OF AGREEMENT
R 96-830 42
WITH JUAN M. DIAZ TO JUNE 30, 1997 -- FOR
11/21/96
SPECIALIZED GEOGRAPHIC INFORMATION
SYSTEM (GIS) SERVICES -- ALLOCATE
FUNDS ($9,000, DEPARTMENT OF
COMMUNITY PLANNING - CPR-ACCT. CODE
660101-270).
5.5
AUTHORIZE AGREEMENT WITH A. FOSTER
R 96-831 42-43
HIGGINS & CO., INC., -- FOR EXPERT
11/21196
ACTUARIAL ASSISTANCE -- ALLOCATE
FUNDS, NOT TO EXCEED $50,000., FROM
PENSION ADMINISTRATION TRUST FUND.
5.6 ACCEPT $15,000 GRANT FROM CLAUDE
PEPPER FOUNDATION -- FOR
REPAIRS/IMPROVEMENTS TO MILDRED
AND CLAUDE PEPPER FOUNTAIN IN
BAYFRONT PARK.
5.7 ACCEPT CEIBA TREES DONATION FROM
LESTER PANCOAST TO MILDRED AND
CLAUDE PEPPER BAYFRONT PARK.
5.8 ACCEPT PLAT: VILLA CARMEN.
5.9 ACCEPT PLAT: BUENA VISTA ELEMENTARY
SCHOOL.
6. ELECT/APPOINT COMMISSIONER TOMAS
REGALADO AS VICE MAYOR -- FOR ONE
YEAR.
7. DISCUSS/ TABLE TO AFTERNOON SESSION
BOARDS AND COMMITTEES
APPOINTMENTS -- COMMISSIONER
PLUMMER DEFERS HIS APPOINTMENTS TO
DECEMBER 12, 1996 MEETING --
ADMINISTRATION URGES COMMISSION TO
MAKE APPOINTMENTS TO THE FEDERAL
ENTERPRISE COMMUNITY COUNCIL.
8. RETAIN BRUCE ROGOW AS SPECIAL
COUNSEL TO REPRESENT CITY
ATTORNEY/CITY CLERK/ASSISTANT CITY
CLERK IN CASE 96-22445-CA-01 /08 -- BOARD
OF TRUSTEES OF THE CITY OF MIAMI
GENERAL EMPLOYEES AND SANITATION
EMPLOYEES RETIREMENT TRUST:
PLAINTIFF -- PENSION BOARD -- VS. CESAR
ODIO, A. QUINN JONES, MATTY HIRAI,
WALTER FOEMAN AND MARIA ARGUDIN --
ALLOCATE FUNDS, NOT TO EXCEED
$15,000.
9. RATIFY / APPROVE / CONFIRM MANAGER'S
EMERGENCY FINDING -- AUTHORIZE
INCREASE IN CONTRACT IN AN AMOUNT
NOT TO EXCEED $37,033, BETWEEN CITY
AND W.P. AUSTIN CONSTRUCTION
CORPORATION -- FOR MIAMI POLICE
HEADQUARTERS 3RD AND 4TH FLOOR
ADDITIONS PROJECT, B-2920-A --
ALLOCATING FUNDS FROM CAPITAL
IMPROVEMENT PROJECT 312029.
R 96-832 43
11 /21 /96
R 96-833
11 /21 /96
R 96-834
11 /21 /96
11 /21 /96
R 96-836
11 /21 /96
DISCUSSION
11 /21 /96
R 96-837
11 /21 /96
R 96-838
11 /21 /96
43-44
44
44
44-46
46-48
48-50
51-52
to.,
10.
RATIFY / APPROVE / CONFIRM MANAGER'S
R 96-839 52-53
EMERGENCY FINDING -- AUTHORIZE
11/21/96
INCREASE IN CONTRACT, IN AN AMOUNT
NOT TO EXCEED $16,411.13, BETWEEN CITY
AND ALPHA ENGINEERS, INC.,-- FOR
"CONTAMINATION REMEDIATION, N.W. 4
STREET OIL RECLAIM FACILITY PROJECT B-
5579(I)"; ALLOCATE FUNDS, CAPITAL
IMPROVEMENT PROJECT 311009.
11.
(A) APPOINT ISABEL KATO AND ROSE
R 96-840 54-58
GORDON TO BOARD OF TRUSTEES OF
11/21/96
GENERAL EMPLOYEES AND SANITATION
EMPLOYEES RETIREMENT TRUST FUND.
(B) BRIEF DISCUSSION RE PARTISAN
COMPOSITION OF DADE COUNTY
DELEGATION OF STATE SENATORS AND
REPRESENTATIVES IN STATE
LEGISLATURE.
12.
PERSONAL APPEARANCE: JUDGE JOHN
M 96-841 59-66
GALE AND MANUEL J. GONZALEZ --
11/21/96
RECOMMEND TO INTERNATIONAL TRADE
BOARD TO USE REMAINING $90,000 TO
FUND CONSULTANTS AND PROGRAMS --
FURTHER, DIRECT CITY MANAGER TO
IDENTIFY APPROPRIATE FUNDING
SOURCES TO CONTINUE SAID BOARD
UPON DEPLETION OF FY '96 BUDGET --
FURTHER, ACCEPT MANAGER'S EFFORTS
TO ENHANCE BOARD'S PROPRIETARY
REVENUE.
13.
DISCUSS / DEFER CONSIDERATION OF
M 96-842 66-71
PLACEMENT OF DIRECTIONAL SIGN TO
11/21/96
ASSIST MOTORISTS IN LOCATING GROVE
ISLE AND MARKS DESTINATION ON SOUTH
BAYSHORE DRIVE -- SEE LABEL 21.
14.
PERSONAL APPEARANCE: TONY MOLINA --
M 96-813 71-77
REGARDING LEASE AGREEMENT FOR USE
11/21/96
OF SPACE AT 650 CURTISS PARKWAY
(MIAMI SPRINGS GOLF COURSE).-- WAIVE
CONSUMER PRICE INDEX INCREASE (CIP)
IN LEASE PAYMENT SUBJECT TO
IMPROVEMENTS TO BE MADE BY TONY
MOLINA, INC. TO PROPERTY-- SEE LABEL
17.
War
15.
DISCUSS / DEFER TO NEXT AGENDA
DISCUSSION 78-80
PROPOSAL AUTHORIZING MANAGER TO 1)
11/21/96
EXECUTE AMENDMENTS, TO CERTAIN
EASEMENTS GRANTED TO METROPOLITAN
DADE COUNTY AND 2) ACCEPT
AMENDMENTS, TO ACCESS AGREEMENT
AND EASEMENT GRANTED TO THE CITY OF
MIAMI, PURSUANT TO RESOLUTION 95-419
FOR LAND ON VIRGINIA KEY.
16.
APPROVE MUTUAL AID AGREEMENT
R 96-844 81-84
BETWEEN CITY / COUNTY / CORAL GABLES
11/21/96
/ WEST MIAMI FOR POLICE SERVICES.
17.
(A) RECONSIDER VOTE TAKEN ON AG16,
M 96-845 84-86
(96-843),-- LEASE AGREEMENT WITH TONY
R 96-846
MOLINA, INC. FOR USE OF SPACE AT 650
11/21/96
CURTISS PARKWAY-MIAMI SPRINGS GOLF
COURSE.
(B) GRANT LEASOR (MOLINA) THREE YEAR
WAIVER OF CONSUMER PRICE INDEX
INCREASE PREDICATED UPON REPAIRS TO
BE MADE BY MOLINA TO BUILDING-- SEE
LABEL 14.
18.
CLARIFY APPOINTMENT OF
DISCUSSION 87
COMMISSIONER HERNANDEZ TO JOBS &
11/21/96
EDUCATION PARTNERSHIP REGIONAL
BOARD-- REPLACING COMMISSIONER
DAWKINS-- SEE LABEL 3.
19.
PERSONAL APPEARANCE: CHARLES
M 96-847 87-89
OGUGUA FOR USE OF COCONUT GROVE
11/21/96
CONVENTION CENTER AND SECURITY FOR
MIAMI CHILDREN'S CENTENNIAL SUMMIT
AND 2ND "STAND FOR CHILDREN" RALLY --
FOR NOVEMBER 22, 1996 -- AUTHORIZE
ADVANCE FEE PAYMENT DEFERRAL FOR 30
DAYS.
20.
DISCUSS / TABLE PERSONAL APPEARANCE:
DISCUSSION 90-93
LUCIA DOUGHERTY, ESQ.-- FOR SPECIAL
11/21/96
EVENTS PERMIT FOR BOAT SHOWS
PARKING AT WATSON ISLAND. -- SEE LABEL
35.
21.
RECONSIDER / APPROVE PLACEMENT OF
M 96-848 93-94
-
DIRECTIONAL SIGN FOR LOCATING GROVE
11/21/96
ISLE AND MARKS DESTINATION ON SOUTH
BAYSHORE DRIVE -- SEE LABEL 13.
-l\
22.
SECOND READING ORDINANCE: AMEND
ORDINANCE 95-97
CHAPTER 30/ARTICLE 1/SECTION 30-2/ "USE
11411
OF COMMUNITY BUILDINGS, BANDSHELL,
11/21/96
ETC." OF CODE FOR UPDATING CURRENT
CONDITIONS AND ADJUSTING RENTAL
FEES FOR SHOWMOBILE, BLEACHERS AND
PUBLIC ADDRESS SYSTEM -- FURTHER
AMEND CHAPTER 38/ARTICLE 1/SECTION
38-7/"FEES FOR USE OF JAPANESE
GARDEN AT WATSON PARK AND FOR USE
OF ALL CITY PARKS FOR WEDDINGS AND
OTHER SOCIAL FUNCTIONS" -- TO
FORMALIZE AND IN SOME CASES ADJUST
FACILITY RENTAL FEES CHARGED FOR USE
OF ALL CITY PARKS FOR SPECIAL EVENTS
AND OTHER SOCIAL FUNCTIONS.
23.
FIRST READING ORDINANCE: ESTABLISH
ORDINANCE 97-99
SPECIAL REVENUE FUND ("PARTNERSHIP
FIRST
FUND") -- FOR POLICE DEPARTMENT--
READING
APPROPRIATE FUNDS NOT TO EXCEED
11/21/96
$25,000 -- EXPEND FUNDS ON POLICE
COMMUNITY EVENTS.
24.
FIRST READING ORDINANCE: AMEND
ORDINANCE 99-100
CHAPTER 40, "PERSONNEL" OF CODE--
FIRST
SEPARATE SPECIFIC VIOLATIONS IN
READING
'
SECTION 40-98(5), "GROUNDS FOR
11/21/96
DISMISSAL, SUSPENSION AND DEMOTION"
TO DISTINGUISH / INDIVIDUALIZE EACH,
25.
EMERGENCY ORDINANCE: ESTABLISH
EMERGENCY 100-102
INITIAL RESOURCES/APPROPRIATIONS FOR
ORDINANCE
SPECIAL REVENUE FUND, "DOMESTIC
11412
VIOLENCE INTERVENTION PROGRAM"--
11/21/96
AUTHORIZE MANAGER TO ACCEPT GRANT
OF $254,318, FROM U.S. DEPARTMENT OF
JUSTICE.-- AUTHORIZE EXPENDITURE FOR
OPERATION OF SAID PROGRAM.
26.
EMERGENCY ORDINANCE: AMEND
ORDINANCE 102-106
ORDINANCE 10021, ESTABLISHING INITIAL
11413
RESOURCES / APPROPRIATIONS FOR LAW
11/21/96
ENFORCEMENT TRUST FUND (LETF),--
INCREASE APPROPRIATION BY $828,000.
27.
DISCUSS BRIEFLY / WITHDRAW
DISCUSSION 106
CONSIDERATION OF AG 27 (ALLOCATE
11/21/96
EMERGENCY SHELTER GRANT FUNDS TO
PREVIOUSLY NAMED AGENCIES FOR
SOCIAL SERVICE PROJECTS SERVING
HOMELESS).
28.
AUTHORIZE CITY MANAGER TO ISSUE
PERMIT WITH CONDITIONS FOR SALE OF
ALCOHOLIC BEVERAGES DURING
COCONUT GROVE ARTS FESTIVAL HELD
ON FEBRUARY '97 -- DISCUSSION
CONCERNING ART PIECE DONATED BY
COCONUT GROVE ARTS FESTIVAL
COMMITTEE TO THE CITY OF MIAMI.
29.
ALLOCATE $54,600 FROM COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS
(PROJECT #799602)-- FOR REHABILITATION
OF 39 BUSINESSES IN ALLAPATTAH
CITYWIDE COMMERCIAL FACADE
PROGRAM.
30.
APPROVE CITY'S REVISED LOCAL HOUSING
ASSISTANCE PLAN, PURSUANT TO
IMPLEMENTATION OF STATE OF FLORIDA
HOUSING INITIATIVES PARTNERSHIP
("SHIP") PROGRAM TO CITY -- AUTHORIZE
CITY MANAGER TO SUBMIT SAID PLAN, FOR
REVIEW / APPROVAL OF STATE HOUSING
FINANCE AGENCY.
31.
AUTHORIZE INCREASE IN CONTRACT WITH
THOMAS MAINTENANCE SERVICE, INC. --
FROM $12,240 TO $13,244 FOR
INSTALLATION OF ADDITIONAL SOD FOR
SOCCER FIELD IN HENDERSON PARK --
ALLOCATE FUNDS ($1,004) FROM CAPITAL
IMPROVEMENTS PROJECTS ORDINANCE
11389, PROJECT 331356, "HENDERSON
PARK IMPROVEMENTS".
32.
AUTHORIZE FUNDING ($9,690)-- FOR
COSTS / EXPENSES FOR
REACCREDITATION OF POLICY BY
COMMISSION ON ACCREDITATION FOR
LAW ENFORCEMENT AGENCIES, INC.
(C.A.L.E.A.)-- ALLOCATE FUNDS FROM LAW
ENFORCEMENT TRUST FUND (LETF), INDEX
CODE 290904-996, PROJECT 690001.
R 96-849
11 /21 /96
R 96-850
11 /21 /96
R 96-851
11 /21 /96
R 96-852
11 /21 /96
R 96-853
11 /21 /96
107-109
113-114
114-116
33. ACCEPT BID: MIAMI ELEVATOR COMPANY--
R 96-854 116-118
FOR COMPLETE ELEVATOR MAINTENANCE
11/21/96
SERVICES FOR VARIOUS CITY OF MIAMI
DEPARTMENTS AT A TOTAL FIRST YEAR
PROPOSED COST OF $45,112; ALLOCATE
FUNDS ($45,112) FROM FY'96-97
OPERATING BUDGETS OF USING
DEPARTMENTS (POLICE, FIRE, PUBLIC
` WORKS; GSA / SOLID WASTE;
CONFERENCE & CONVENTIONS & PUBLIC
FACILITIES, PURSUANT TO BID 95-96-154R.
34. DISCUSS / TABLE CONSIDERATION OF
DISCUSSION 119-123
LEGAL ACTION AGAINST AETNA LIFE
11/21/96
INSURANCE COMPANY TO ENFORCE CITY'S
RIGHTS, REMEDIES UNDER LEASE
AGREEMENT FOR MIAMI HYATT REGENCY
HOTEL -- SEE LABEL 62.
35. RECONSIDER / GRANT REQUEST TO
R 96-855 123-125
NATIONAL MARINE MANUFACTURERS
11/21/96
ASSOCIATION, INC. TO UTILIZE PORTIONS
OF WATSON ISLAND FOR EXHIBIT /
PARKING / CONCESSION SALES -- FOR 1997
MIAMI INTERNATIONAL BOAT SHOW --
SUBJECT TO MINIMUM FEE OF $90,000 AND
CLASS I PERMIT.
36.
APPROVE AMENDMENT TO MANAGEMENT
R 96-856
125-127
AGREEMENT BETWEEN LATIN AMERICAN
11/21/96
GOURMET RESTAURANT AND CITY WITHIN
30 DAYS FROM THIS APPROVAL.
{ 37.
PROVIDE FOR CLOSURE OF DESIGNATED
R 96-857
128-129
STREETS / ESTABLISH PEDESTRIAN MALL
11/21/96
SUBJECT TO REQUIRED PERMITS FURTHER
ESTABLISH AN AREA PROHIBITED TO
RETAIL PEDDLERS DURING KING ORANGE
BOWL JAMBOREE PARADE ON DECEMBER
28, 1996.
38.
ACCEPT BID OF INTERCONTINENTAL
R 96-858
129-130
HOTEL FOR HOTEL ACCOMMODATION
11/21/96
SERVICES DURING HEMISPHERIC HEALTH
MINISTERS CONFERENCE-- FOR
INTERNATIONAL TRADE BOARD --
ALLOCATE FUNDS ($26,014.87 FROM
PRIVATE SECTOR SPONSORS).
39.
AUTHORIZE CITY MANAGER TO MARKET 23
R 96-859
130-132
NEW SINGLE FAMILY HOMES DEVELOPED
11/21/96
AT SAINT HUGH OAKS CONDOMINIUM
PROJECT IN COCONUT GROVE. FURTHER,
-
VICE MAYOR GORT REQUESTS STATUS
REPORT ON THE ST. HUGH OAKS PROJECT.
40.
DISCUSS REQUEST TO WAIVE $286.18 FEES
DISCUSSION 132-133
AT HADLEY PARK RE LIBERTY CITY HIV
11/21/96
AIDS INITIATIVE PROGRAM -- HEALTH
FESTIVAL -- DONATION OFFER FROM
ANGEL GONZALEZ FROM THE ALLAPATTAH
CHAMBER OF COMMERCE.
41.
FIRST READING ORDINANCE: ADD NEW
ORDINANCE 133-135
CODE SEC. 37-72, TO PROHIBIT DELIVERY
FIRST
OF BUILDING MATERIALS VALUED IN
READING
EXCESS OF $500 WITHIN CITY UNLESS THE
11/21/96
NUMBER OF THE BUILDING PERMIT IS
INCLUDED IN PURCHASE ORDER FOR SAID
MATERIALS.
42.
(A.) AUTHORIZE APPROVAL OF
R 96-860 135-138
EMERGENCY PURCHASE OF PHONE
M 96-861
DROPS AND MODEMS FOR MIAMI
11/21/96
RIVERSIDE ENTER $6,504 AND $140 --
FURTHER AUTHORIZE $4,320 TO COVER
MONTHLY LINE ACCESS CHARGES FOR
PHONE LINES -- ALLOCATE FUNDS FROM
HUD GRANT FUNDS.
(B.) AUTHORIZE PAYMENT OF STATE
RECERTIFICATION FEES FOR PARAMEDICS
AND EMERGENCY MEDICAL TECHNICIANS --
FOR FIRE RESCUE -- ALLOCATE FUNDS
($12,960 AND $6,380).
43.
APPOINT ANITA RODRIGUEZ-TEJERA, HERB
R 96-862 138-140
BAILEY, MARTY URRA, AGUSTIN
M 96-862.1
DOMINGUEZ TO SERVE ON AFFORDABLE
11/21/96
HOUSING ADVISORY BOARD.
44.
APPOINT LORENZO RODRIGUEZ, CHARLES
R 96-863 140-142
FLOWERS, TO SERVE ON FEDERAL
11/21/96
ENTERPRISE COMMUNITY COUNCIL.
45.
APPOINT STANLEY GETTIS TO SERVE ON
R 96-864 143-144
BUDGET AND FINANCES REVIEW
11/21/96
COMMITTEE.
46.
DEFER CONSIDERATION OF CERTAIN
M 96-865 144-145
POLICY GUIDELINES IN CONNECTION WITH
11/21/96
SOCIAL SERVICES AND ADMINISTRATION
FOR COMMUNITY DEVELOPMENT BLOCK
GRANT FUND ALLOCATION; -- FURTHER
RECOMMEND THAT 15 PERCENT BE
ALLOCATED FOR SOCIAL SERVICES AND 20
PERCENT BE ALLOCATED FOR
ADMINISTRATIVE PURPOSES.
47.
48.
49.
50.
� 51.
52.
53.
APPOINT DOROTHY QUINTANA, IRBY
R 96-866
146-147
MCNIGHT, RAISA FERNANDEZ TO SERVE
11/21/96
ON CITYWIDE COMMUNITY DEVELOPMENT
ADVISORY BOARD -- COMMISSIONER
PLUMMER CALLED FOR ANOTHER
ELECTION AT EDISON-LITTLE RIVER
TARG ET AR EA,
APPOINT SILVIA MORALES CEJAS AND
R 96-867
147-148
JACK KING TO SERVE ON COCONUT
11/21/96
GROVE STANDING FESTIVAL COMMITTEE.
APPOINT JEAN WHIPPLE AND KELLY
R 96-868
149-150
MILLETT TO SERVE ON COMMISSION ON
11/21/96
STATUS OF WOMEN -- REMOVE MONNA
LIGHTE.
APPOINT MANUELA CALVO TO SERVE ON
R 96-869
150-151
LATIN QUARTER REVIEW BOARD.
11/21/96
CONFIRM APPOINTMENTS OF INDIVIDUALS
R 96-870
151-152
ELECTED TO SERVE ON OVERTOWN
11/21/96
ADVISORY BOARD: DANA BRADY,
ANDERSON CURRY, DOROTHY FIELDS,
CHARLES FLOWERS, REBECCA JEFF,
LARRY JOSEY, MARY MAJOR, BALAM
WELCOME.
APPOINT ROGER BARRETO TO SERVE ON
R 96-871
153
PROPERTY AND ASSET REVIEW
11/21/96
COMMITTEE.
DEFER APPOINMENTS TO TAX EXEMPT
DISCUSSION
153-154
PROPERTY STEERING COMMITTEE TO
11/21/96
MEETING OF 12/12/96.
APPOINT MONIQUE TAYLOR TO SERVE ON
R 96-872
154-155
UNITY COUNCIL OF MIAMI (TUCOM).
11/21/96
APPOINT JOHN CROOK AND MIKE
R 96-873
155-156
BRESCHER TO SERVE ON WATERFRONT
11/21/96
ADVISORY BOARD.
APPOINT CARLOS ARBOLEYA TO SERVE ON
R 96-874
156-157
PLANNING ADVISORY BOARD.
11/21/96
APPOINT DEBORAH VALLEDOR, LUIS ROCA,
R 96-875
158-159
SHEILA ZEMSKY TO SERVE ON CODE
11/21/96
ENFORCEMENT BOARD.
APPOINT RICHARD HEISENBOTTLE AND
R 96-876
159-160
ARTHUR KING TO SERVE ON HISTORIC AND
11/21/96
ENVIRONMENTAL PRESERVATION BOARD,
APPOINT TANYA DAWKINS TO OFF-STREET
R 96-877
160-161
PARKING BOARD.
11/21/96
r
60.
(A) APPOINT ROBERT VALLEDOR TO SERVE
R 96-878
ON AFFIRMATIVE ACTION ADVISORY
M 96-878.1
BOARD. -- SEE LABELS 61 AND 81.
11/21/96
(8) NOMINATE BRUNO CARNESELLA AND
ROBERT MASRIEH AS MEMBERS ON THE
COCONUT GROVE PARKING ADVISORY
COMMITTEE. --SEE LABEL 61.
61.
APPOINT TED STAHL, BRUCE WILSON,
R 96-879
BRUNO CARNESELLA AND ROBERT
11/21/96
MASRIEH TO SERVE ON COCONUT GROVE
PARKING ADVOSIRY COMMITTEE. -- SEE
LABELS 60 AND 81.
62.
RECONSIDER / AUTHORIZE CITY ATTORNEY
R 96-880
TO PURSUE LEGAL ACTION AGAINST
11/21/96
AETNA LIFE INSURANCE COMPANY (AETNA)
TO ENFORCE CITY'S RIGHTS/ REMEDIES
UNDER LEASE AGREEMENT FOR MIAMI
HYATT REGENCY HOTEL -- INCLUDE
ACTION TO COMPEL PRODUCTION OF
RECORDS OR ANY OTHER ACTION TO
TERMINATE LEASE -- SEE LABEL 34.
63.
PERSONAL APPEARNCE: GLENN TERRY,
DISCUSSION
FROM COCONUT GROVE VILLAGE COUNCIL
11/21/96
TO DISCUSS RAISING SALARIES OF
COMMISSIONERS -- DISCUSSION.
64.
DIRECT CITY ATTORNEY: TO MEET WITH
DISCUSSION
EACH MEMBER OF CITY COMMISSION
11/21/96
REGARDING LAWSUIT BETWEEN PEOPLE
UNITED TO SAVE HUMANITY (PULSE)
VERSUS THE CITY OF MIAMI, MIAMI CITY
COMMISSION, ET AL CONCERNING AT
LARGE ELECTIONS OF MEMBERS OF THE
COMMISSION, STAGGERED TERMS HAVING
RESULTED IN DILUTION OF MINORITY
VOTING STRENGTH AND DENYING
MINORITY CITIZENS OF THEIR POLITICAL
CHOICE; FURTHER INSTRUCTING CITY
ATTORNEY TO KEEP TRACK OF TIME
FRAME TO RESPOND TO ALLEGATIONS IN
SAID COMPLAINT, PARTICULARLY AS IT
RELATES TO DEFAULT OF SAME; FURTHER
RAISING ISSUE OF POSSIBLY ONE
COUNSEL REPRESENTING ALL MEMBERS
OF COMMISSION,
161-162
163-165
165-172
172-173
174-176
dR.1Rl .-A=Miq,
65. DISCUSS / CONTINUE APPEAL OF ZONING M 96-881
BOARD'S DECISION OF MAY 6, 1996, WHICH 11/21/96
GRANTED A SPECIAL EXCEPTION AS
LISTED IN ZONING ORDINANCE, SECTION
401, SCHEDULE OF DISTRICT
REGULATIONS, CONDITIONAL PRINCIPAL
USES, TO PERMIT A CONVERSION OF
SIXTEEN UNIT APARTMENT BUILDING TO
ROOMING / LODGING HOUSE (BED AND
BREAKFAST) CONTAINING SIXTEEN
LODGING UNITS, ZONED 4-3 MULTI -FAMILY
MEDIUM DENSITY RESIDENTIAL, LOCATED
AT 3201 AVIATION AVENUE.
66. APPROVE RELEASE OF UNITY OF TITLE-- R 96-882
FOR PROPERTY AT 77 N.W. 36 STREET (LOT 11/21/96
15, BLOCK 10, PRINCESS PARK) -- TO
RELEASE LOT 15 FROM REMAINING LOTS
13 & 14-- APPLICANT: C.C.G. PROPERTIES,
INC.
67. DISCUSS / CONTINUE CONSIDERATION OF M 96-883
PROPOSED
REQUEST FOR SPECIAL 11/21/96
EXCEPTION
REQUIRING COMMISSION
APPROVAL,
AS LISTED IN ZONING
ORDINANCE,
ARTICLE 4, SECTION 401, R-3
MULTIFAMILY
MEDIUM DENSITY
RESIDENTIAL,
CONDITIONAL PRINCIPAL
USES -- TO
PERMIT A HEALTH CLINIC
(MEDICAL OFFICE AT 1900 BRICKELL
AVENUE).
68.
FIRST READING ORDINANCE: AMEND
11000, ARTICLE 6, SEC. 620, SD-20,
EDGEWATER OVERLAY DISTRICT -- TO ADD
GROUND FLOOR OFFICE USES AS
CONDITIONAL PRINCIPAL USE BY CLASS II
SPECIAL PERMIT -- TO PROVIDE FOR NEW
PARKING REQUIREMENTS -- APPLICANT:
COMMUNITY PLANNING & REVITALIZATION
(SEE LABEL 80).
DISCUSS CONTINUE CONSIDERATION OF
PROPOSED AMENDMENT TO ZONING
ORDINANCE BY AMENDING ARTICLE 6
SECTION 617, SD-17 SOUTH BAYSHORE
DRIVE OVERLAY DISTRICT, IN ORDER TO
PROVIDE FOR DEVELOPMENT BONUSES,
AS INTENDED BY THE DISTRICT, FOR THE
PORTION OF THE DISTRICT BOUNED BY
MCFARLANE ROAD, SOUTH BAYSHORE
DRIVE, MARY STREET AND PORTIONS OF
GRAND AVENUE (SEE LABEL 75).
ORDINANCE
FIRST
READING
11/21/96
DISCUSSION
11/21/96
177-182
182-183
183-187
187-188
189-190
70.
DISCUSS / CONTINUE CONSIDERATION OF
DISCUSSION 190-191
(APPEAL ZONING BOARD DECISION WHICH
11/21/96
DENIED A VARIANCE FROM THE ZONING
ORDINANCE, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, R-
1 SINGLE FAMILY RESIDENTIAL, PERMITTED
PRINCIPAL USES, TO PERMIT A
STRUCTURE WITH THE HEIGHT OF 29'-8
(25'-0 MAXIMUM ALLOWED), ZONED R-1
SINGLE FAMILY RESIDENTIAL, LOCATED AT
1840 SOUTH BAYSHORE DRIVE. (SEE LABEL
75) .
71.
DISCUSS/ CONTINUE CONSIDERATION OF
DISCUSSION 191
PROPOSED FIRST READING ORDINANCE
11/21/96
AMENDING SECTION 62-62 OF CODE,
ZONING PLANNING FEES, TO LATER IN
MEETING -- SEE LABEL 76.
72.
DISCUSS / CONTINUE CONSIDERATION OF
DISCUSSION 192-193
(2) PROPOSED AMENDMENT TO
11/21/96
ORDINANCE 10544, FROM SINGLE FAMILY
RESIDENTIAL TO RESTRICTED
COMMERCIAL, TO CHANGE LAND USE
DESIGNATION OF PROPERTY AT
APPROXIMATELY 3240 FLORIDA AVENUE,
FROM SINGLE FAMILY RESIDENTIAL TO
RESTRICTED COMMERCIAL -- AND (2)
PROPOSED CHANGE OF ZONING AS LISTED
IN ZONING ORDINANCE, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, FROM R-1 SINGLE FAMILY
RESIDENTIAL SD-2 COCONUT GROVE
CENTRAL COMMERCIAL DISTRICT, FOR
PROPERTY AT 3240 FLORIDA AVENUE
(FARMER'S MARKET) (SEE LABEL 75).
73.
CONTINUE CONSIDERATION OF PROPOSED
DISCUSSION 193-194
APPEAL OF ZONING BOARD'S DECISION
11/21/96
WHICH DENIED VARIANCES TO PERMIT
TWO STRUCTURES ALONG 2900 S.W. 4
AVENUE WITH LESS SETBACKS THAN
REQUIRED (LABEL 75).
74. DISCUSS / DEFER CONSIDERATION OF (1) DISCUSSION
PROPOSED SECOND READING ORDINANCE 11/21/96
TO AMEND 11000 BY AMENDING ARTICLE 6,
SECTION 602 IN ORDER TO RESTRUCTURE
PARKING REGULATIONS FOR SD-2
COCONUT GROVE CENTRAL COMMERCIAL
DISTRICT (2) SECOND READING
ORDINANCE TO AMEND CHAPTER 35 OF
CODE "MOTOR VEHICLES AND TRAFFIC," --
AMEND ARTICLE VIII, "COCONUT GROVE
PARKING IMPROVEMENTS TRUST FUND," --
DELETE THE DIRECTOR OF THE OFF-
STREET PARKING DEPARTMENT AS AN EX -
OFFICE NON -VOTING MEMBER OF THE
PARKING ADVISORY COMMITTEE --
REDEFINE SCOPE OF EXPENDITURES OF
COCONUT GROVE PARKING TRUST
FUND. -- RESTRUCTURE SCHEDULE OF
FEES AND CHARGES, BY AMENDING
SECTIONS 35-191, 35-192, 35-193AND 35-194
OF CITY RESIDENTIAL (SEE LABELS 83 &
84).
194-195
A
—,
75. DISCUSS / APPROVE CONTINUATION OF
AFOREMENTIONED ITEMS PZ-5 (CONSIDER
AMENDING ZONING ORDINANCE BY
AMENDING ARTICLE 6 SECTION 617, SD-17
SOUTH BAYSHORE DRIVE OVERPLAY
DISTRICT, IN ORDER TO PROVIDE FOR
DEVELOPMENT BONUSES, AS INTENDED
BY THE DISTRICT, FOR THE PORTION OF
THE DISTRICT BOUNDED BY MCFARLANE
ROAD, SOUTH BAYSHORE DRIVE, MARY
STREET AND PORTIONS OF GRAND
AVENUE); PZ-9 APPEAL ZONING BOARD
DECISION OF APRIL 22, 1996, WHICH
DENIED A VARIANCE FROM THE ZONING
ORDINANCE, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, R-
1 SINGLE FAMILY RESIDENTIAL, PERMITTED
PRINCIPAL USES, TO PERMIT A
STRUCTURE WITH THE HEIGHT OF 29'-8
925'-0 MAXIMUM ALLOWED ZONED R-1
SINGLE FAMILY RESIDENTIAL, LOCATED AT
1840 SOUTH BAYSHORE LANE); PZ-10
(AMEND ORDINANCE NO. 10544, FROM
SINGLE FAMILY RESIDENTIAL TO
RESTRICTED COMMERCIAL, TO CHANGE
LAND USE DESIGNATION OF THE
PROPERTY LOCATED AT APPROXIMATELY
3240 FLORIDA AVENUE, FROM SINGLE
FAMILY RESIDENTIAL TO RESTRICTED
COMMERCIAL); PZ-11 (CHANGE ZONING AS
LISTED IN THE ZONING ORDINANCE,
ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, FROM R-1 SINGLE
FAMILY RESIDENTIAL SD-2 COCONUT
GROVE CENTRAL COMMERCIAL DISTRICT,
FOR PROPERTY LOCATED AT 3240 FLORIDA
AVENUE) AND PZ-15 (APPEAL OF ZONING
BOARD'S DECISION WHICH DENIED
VARIANCES TO PERMIT TWO STRUCTURES
ALONG 2900 S.W. 4 AVENUE WITH LESS
SETBACKS THAN REQUIRED) (SEE LABELS
69,70,71,72,73).
76. FIRST READING ORDINANCE: AMEND
CHAPTER 62, ARTICLE VI "ZONING AND
PLANNING FEES", OF CODE -- AMEND
SECTION 62-62 TO CLARIFY APPEAL
PROCEDURES CONCERNING PAYMENT
DEADLINE OF APPEAL FEE. -- APPLICANT:
COMMUNITY PLANNING &
REVITALIZATION.-- (SEE LABEL 71).
M 96-884
11/21/96
ORDINANCE
FIRST
READING
11 /21 /96
195-196
197-198
[AN
77.
FIRST READING ORDINANCE: AMEND 11000,
ORDINANCE
BY AMENDING ARTICLE 9, SECTION 910.5,
FIRST
UNITY OF TITLE AGREEMENTS -- TO
READING
CLARIFY / CORRECT RELEASE
11/21/96
PROCEDURES PROVISIONS. -- APPLICANT:
COMMUNITY PLANNING & REVITALIZATION.
(SEE LABEL 82).
78.
FIRST READING ORDINANCE: AMEND
ORDINANCE
CHAPTER 4 OF CODE SEC. 4-10,
FIRST
"ALCOHOLIC BEVERAGES%- AMEND
READING
DISTANCE SEPARTION REQUIREMENTS
11/21/96
WITHIN SD-8 DESIGN PLAZA COMMERCIAL -
RESIDENTIAL DISTRICT. -- APPLICANT:
COMMUNITY PLANNING & REVITALIZATION.
79.
FIRST READING ORDINANCE: AMEND
ORDINANCE
11000 -- AMEND ARTICLES 9 & 25 --
FIRST
INTRODUCE SECTION 916, INTERIM
READING
PARKING, TO CONDITIONALLY USE
11/21/96
UNIMPROVED / PARTIALLY IMPROVED LOTS
IN CITY FOR ACCESSORY PARKING
PURPOSES & TO CODIFY APPLICABLE
STANDARDS TO REGULATE THEIR
LOCATION & MODE OF OPERATION --
FURTHER AMEND SECTION 2502 TO DEFINE
"INTERIM PARKING".
80.
DISCUSS/APPROVE THAT AGENDA ITEM
M 96-885
PZ-4 (PROPOSED ORDINANCE TO ADD
11/21/96
GROUND FLOOR OFFICE USES AS
CONDITIONAL PRINCIPAL USE OF HIGH
DENSITY RESIDENTIAL PROJECT BY CLASS
II SPECIAL PERMIT -- FURTHER PROPOSING
TO PROVIDE FOR NEW PARKING
REQUIREMENTS FOR SAID USES IN SD-20
EDGEWATER OVERLAY DISTRICT) BE
HEARD AT SCHEDULED MEETING OF
12/12/96, BEFORE 5:00 P.M. (SEE LABLE 68).
81.
DISCUSS APPOINTMENTS OF BRUNO
DISCUSSION
CARNESELLA & ROBERT MASRIEH TO
11/21/96
COCONUT GROVE PARKING COMMITTEE. --
SEE LABEL 60 & 61.
198-199
199-200
200-204
204-205
205-206
r
1 82. APPROVE THAT AGENDA ITEMS PZ-7
(PROPOSED ORDINANCE TO
CLARIFY/CORRECT PROVISIONS
i PERTAINING TO RELEASE PROCEDURES IN
UNITY OF TITLE) & PZ-8 (PROPOSED
{ ORDINANCE AMENDING DISTANCE
REQUIREMENTS WITHIN SD-1 DESIGN
PLAZA COMMERCIAL -RESIDENTIAL
DISTRICT) BE HEARD AT SCHEDULED
MEETING OF 12/12/96 BEFORE 5:00 P.M.
{ (SEE LABEL 77 AND 78).
(� 83. SECOND READING ORDINANCE: AMEND
11000 -- BY AMENDING ARTICLE 6, SECTION
602 -- TO RESTRUCTURE PARKING
REGULATIONS FOR SD-2 COCONUT GROVE
CENTRAL COMMERCIAL DISTRICT --
APPLICANT: COMMUNITY PLANNING &
REVITALIZATION.
j 84. SECOND READING ORDINANCE: AMEND
CHAPTER 35 OF CODE, "MOTOR VEHICLES
AND TRAFFIC" -- AMEND ARTICLE VIII,
"COCONUT GROVE PARKING
IMPROVEMENTS TRUST FUND," TO DELETE
DIRECTOR OF OFF STREET PARKING
DEPARTMENT AS AN EX-OFFICIO NON-
VOTING MEMBER OF PARKING ADVISORY
COMMITTEE --REDEFINE SCOPE OF
EXPENDITURES OF COCONUT GROVE
1 PARKING TRUST FUND -- RESTRUCTURE
SCHEDULE OF FEES AND CHARGES BY
AMENDING 35-191, 35-192, 35-193 & 35-194
OF CITY RESIDENTIAL -- APPLICANT:
COMMUNITY PLANNING & REVITALIZATION.
M 96-886
11 /21 /96
ORDINANCE
11414
11 /21 /96
ORDINANCE
11415
11 /21 /96
206-207
208-218
218-220
r
MINUTES OF REGULAR MEETING
OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 21st day of November, 1996, 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 9:09 a.m. by Mayor Joe Carollo with the following
members of the Commission found to be present:
Mayor Joe Carollo
Vice Mayor Wifredo Gort
Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
ALSO PRESENT:
Edward Marquez, City Manager
A. Quinn Jones, III, City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
An invocation was delivered by Commissioner Hernandez, after which Commissioner
Regalado led those present in a pledge of allegiance to the flag.
NOTE FOR THE RECORD: Prior to the beginning of the meeting,
A ministration had withdrawn the following agenda items: CA-2
and 11.
NOTE FOR THE RECORD: Commissioner Plummer announced
that from 5:45 p.m. to 7:15 p.m. he will need to be absent tonight.
1
November 21, 1996
r
-----------------------------------------------------------------------------------------------------------
1. (A) A. DISCUSS/ DEFER CONSIDERATION OF FIRST READING
ORDINANCE (AMEND CHAPTER 22 OF CODE, ENTITLED
"GARBAGE AND TRASH", SECTION 22-12(a) INCREASING WASTE
FEES,) TO DECEMBER 12, 1996 COMMISSION MEETING.
(B) DIRECT ADMINISTRATION: TO INFORM PUBLIC OF TRASH
PICKUP SCHEDULE THROUGH UTILIZATION OF DISTRICT
MAPS.
(C) DIRECTION TO ADMINISTRATION: TO ESTABLISH A TASK
FORCE TO ADDRESS ISSUES OF RESIDENTIAL PROPERTIES
THAT HAVE NOT PAID GARBAGE COLLECTION BUSINESSES
THAT DO NOT HAVE A CERTIFICATE OF OCCUPANCY NOR A
CERTIFICATE OF USE.
(D) DIRECT CITY ATTORNEY: TO COME BACK BEFORE THE CITY
COMMISSION WITH DRAFT ORDINANCE STATING POLICY OF
COMMISSION THAT ANY BUILDING MATERIAL DELIVERED TO
A CITY ADDRESS HAS TO PUT THE BUILDING PERMINT ON
BILL OF LADEN, OR WILL INCUR A FINE.
(E) DIRECT ADMINISTRATION: TO GIVE WARNINGS AND FINES TO
THOSE INDIVIDUALS OPERATING BUSINESSES WITHOUT
CERTIFICATE OF USE BEFORE ISSUING AN ORDER TO ARREST
SAME.
(F) DIRECT ADMINISTRATION: TO HAVE PRESIDENTS OF THE
UNIONS (NAMELY THE AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES (AFSCME), LABORERS'
INTERNATIONAL UNION OF NORTH AMERICA (LIUNA), AND
THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS MEET
WITH CITY MANAGER ON FRIDAY, NOVEMBER 22, 1996 IN
CONNECTION WITH CONCESSIONS AS PART OF THE
STRATEGIC RECOVERY PLAN.
(G) DIRECT CITY ATTORNEY: TO REVIEW LANGUAGE OF THE
AMERICAN FEDERATION OF STATE COUNTY AND MUNICIPAL
EMPLOYEES MEMORANDUM OF UNDERSTANDING, TO
ASCERTAIN WHETHER LANGUAGE INVOLVING OVERSIGHT
COMMITTEE TAKES PRECEDENCE OVER CIVIL SERVICE RULES
WHICH ALLOWS DUE PROCESS RIGHTS TO INDIVIDUALS
SEEKING EMPLOYMENT WITH THE CITY.
2
November 21, 1996
r
(H) AUTHORIZE CITY MANAGER TO ENTER INTO MEMORANDUM
OF UNDERSTANDING -- MODIFYING EXISTING COLLECTIVE
BARGAINING AGREEMENT BETWEEN CITY AND
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, (IAFF),
LOCAL 587 PURSUANT TO RESOLUTION R95-227 -- FOR
DEFERRAL OF 4% PERCENT WAGE INCREASE -- REDUCTION OF
FUNDED POSITIONS FROM 605 TO 590 -- AN AGREEMENT
AFFECTING RIGHTS TO RECEIPT OF "SALARY RESERVES" FOR
FISCAL YEARS 1995-1996 AND 1996-1997 -- FOR REDUCTION IN
REVENUE INCENTIVE PAY FOR FISCAL YEARS 1996-1997 AND
1997-1998 -- FOR WEEKLY $70.00 PAYMENT FOR EMPLOYEES
RECEIVING WORKERS' COMPENSATION AND SUPPLEMENTAL
PAY -- FOR CANCELLATION OF 1997 WAGE REOPENER -- FOR
ESTABLISHMENT OF HIRING COMMITTEE -- FOR ADOPTION OF
REVENUE ENHANCEMENT AND COST CONTAINMENT
MEASURES -- FOR BIMONTHLY STATUS REPORT.
(I) AUTHORIZE CITY MANAGER TO ENTER INTO MEMORANDUM
OF UNDERSTANDING-- MODIFYING EXISTING COLLECTIVE
BARGAINING AGREEMENT BETWEEN CITY AND AMERICAN
FEDERATION OF STATE/COUNTY/MUNICIPAL EMPLOYEES
(AFSCME), LOCAL 1907 PURSUANT TO R95-223, -- FOR
DEFERRAL OF 4% WAGE INCREASE -- FOR DEFERRAL OF
ISSUANCE OF CITY UNIFORMS -- TO SUPPORT CITY'S USE OF
FEDERAL FORFEITURE FUNDS/FINES WITHIN POLICE
DEPARTMENT -- FOR WITHDRAWAL OF GRIEVANCE 4-96 --
CANCELLING '97 WAGE REOPENER --FOR ESTABLISHMENT OF
HIRING COMMITTEE -- FOR ADOPTION OF REVENUE
ENHANCEMENT AND COST CONTAINMENT MEASURES -- FOR
BIMONTHLY STATUS REPORT.
(J) DIRECT ADMINISTRATION: TO BEGIN DISCUSSIONS WITH ALL
MAJOR WASTE HAULERS IN DADE COUNTY REGARDING
PRIVATIZATION OF GARBAGE AND TRASH COLLECTION IN
CITY -- FURTHER INCLUDE IN DISCUSSIONS HIRING OF CITY
EMPLOYEES AND BUYING CITY EQUIPMENT.
(K) DIRECT ADMINISTRATION: BY COMMISSIONER PLUMMER, TO
INFORM COMMISSION ON THE IMPACT OF PERSONNEL
EFFECTS RESULTING FROM CLOSING FIVE NET OFFICES AND
TWO POLICE SUBSTATIONS.
(L) AUTHORIZE CITY MANAGER TO ENTER INTO MEMORANDUM
OF UNDERSTANDING -- MODIFYING COLLECTIVE BARGAINING
AGREEMENT BETWEEN CITY AND LABORERS
INTERNATIONAL UNION OF NORTH AMERICA (LIUNA), LOCAL
800 -- FOR FORFEITURE OF $500. WAGE BONUS -- TO LIMIT
WORKERS' COMPENSATION AND SUPPLEMENTAL PAY --
RECEIVE PAY CHECKS ON FRIDAY -- ESTABLISH HIRING
COMMITTEE -- FOR ADOPTION OF REVENUE ENHANCEMENT
/COST CONTAINMENT MEASURES -- PROVIDE FOR
BIMONTHLY STATUS REPORT.
3 November 21, 1996
r
(M) SCHEDULE SPECIAL COMMISSION MEETING FOR DECEMBER
23, 1996, AT 9-.A.M. -- FOR SECOND READING OF SOLID WASTE
FEES INCREASE ORDINANCE.
(N) SCHEDULE COMMISSION MEETING IN DECEMBER FOR
DECEMBER 12, 1996.
Mayor Carollo: Mr. Manager, can you go over with us the different agenda items that have been
withdrawn from this Commission agenda?
Mr. Edward Marquez (City Manager): Mr. Mayor, we don't have any withdrawn items. There
is one item, number 25 in the agenda, which relates to Solid Waste fees. I'm asking that we
defer that item to the first meeting in December. I'm also asking the Commission to have a
special hearing to hear it on second reading in the month of December. The item relates to
raising Solid Waste fees by an amount that our public would find excessive because our public
has not heard the other side of the story. We have not done a good job. Your administration has
not done a good job to date in communicating to the public the ramifications of the fiscal crisis
that the City of Miami faces. And we want the time to take this information to the public so that
the public is aware of why we're asking for rate increases in the Solid Waste area.
Mayor Carollo: That's item 25.
Commissioner Plummer: Under discussion.
1 Mayor Carollo: Under discussion.
i Commissioner Plummer: We are all very much aware that without that matter as part of the
matrix, the union concessions are null and void. I have two questions. Is there any other
alternative? As I see it, there is none because it would raise approximately ten to eleven million
dollars ($10,000,000 to $11,000,000). Second of all, it is to become effective in January or for
the second half of the year and I have to know that it would be available and billable for that
period of time. Is that the case?
Mr. Marquez: Yes.
Commissioner Plummer: That's only if it's an emergency item on the second reading as well as
the first? Because otherwise, it couldn't be.
Mayor Carollo: Well, you could do it in two ways Commissioner. The billings do not go out
until January. And then the next billings don't go out until July. Half the bill goes out in
January, the other half in July. We could either have it in first and second reading as an
emergency ordinance if the City Attorney feels it's legal to do it that way, or we can hold a
second brief meeting just to approve it in second ordinance.
Commissioner Plummer: Well, my concern is the fact - you know - I remember the words of
Merrett Stierheim, "time is money."
Mayor Carollo: Well, in this case, since you can't...
Commissioner Plummer: And, if we don't...
Mayor Carollo: ... bill until January anyway.
4 November 21, 1996
Commissioner Plummer: I understand that...
Mayor Carollo: We're not losing any...
Commissioner Plummer: ... but I think that is the key of the kick. My question, I guess really is
the fact as I read over the union contracts which have been approved. They are holding our feet
to the fire that if we don't concur with the matrix that has been proferred to this Commission,
that makes their contracts null and void. Or their compromises null and void. Now, I have no
problem on voting on the union contracts which have been approved with the exception of
Police. But I am wondering, are we spinning our wheels? That's really the question. Now, we
can put it off and you think you can educate the people where they will accept it. I don't think
that you know, nobody wants an increase in fees. I think that I've said for years, if you really
wanted to find something then find a way where the garbage fee can be included in your ad
valorem and then it's deductible. The real reason that people object to an increase in garbage
fee, is it's a fee and it's not deductible. I think the other part of it of course, is very simple. Our
fee in the City of Miami is ridiculous. I mean, it's half of anybody else's fee and we provide
better service. I mean, I guess, really we've got to make a commitment one way or the other to
the unions that we either going to live up to our part of the agreement or we're spinning our
wheels. So I am just asking the questions, I don't know. I don't know...
Mayor Carollo: I think they're very legitimate questions that you're asking Commissioner. You
are making I think, some very legitimate points. And I'll try to address some of them the minute
Vice Mayor Gort and some of the others have their say.
Vice Mayor Gort: Mr. Mayor, one of things that I think the deferral is necessary, because I
thought it was... I asked several questions of staff because there were several ways it could be
done. Reduction, and some other ways it could be done and I still get the same objective to
reduce the budget. We either decrease expenditure and increase the revenues. And these are
some of the things you have to look at. I don't think the Manager has had a chance to look at the
plan completely to present it to us. At the same time, I think it is important. And I am going to
tell you one thing that I said about a month ago. When I am here, I am going to vote for what I
think is best for the City, not what's best politically for Will Gort. And that's what I am going to
be doing. I think this is something that we've had... This problem for the last ten years or five
years they have been trying to increase this fee and have never been able to do so because of
political reasons. I think we need to educate the community, we need to let them know what's
happening, what's going on. And we should all do that and it would be very important that we
go and tell them what's really happening. And the sacrifices and some of the things that the
unions are doing also. We are all working as a team here and we've got to try to do what's best.
So I hope.
Commissioner Plummer: Mr. Mayor, I...
Vice Mayor Gort: Excuse me, J.L.
Commissioner Plummer: I am sorry.
Vice Mayor Gort: My understanding is, we can have the two hearings in December where we
can take a vote and whatever we do, it can be implemented in January.
Commissioner Regalado: Mr. Manager.
Mayor Carollo: Hold on, Commissioner.
Commissioner Regalado: OK.
5 November 21, 1996
51
Mayor Carollo: Vice Mayor, are you done?
Vice Mayor Gort: Yes.
Mr. A. Quinn Jones, II1, Esq. (City Attorney): Well, it depends on if you want to have two
separate readings or you want to pass it as an emergency ordinance. The emergency ordinance
would only necessitate the one reading. You'd be dispensing with the second reading and you'll
need four -fifth's vote.
Vice Mayor Gort: But we can get two meetings in December.
Mr. Quinn: Yeah.
Mayor Carollo: Sure.
Commissioner Regalado: Mr. Manager.
Mayor Carollo: Yes.
Commissioner Regalado: On the next regular meeting, the first reading. Would you be able to
bring to this Commission another option to have some kind of revenues that will facilitate the
possibility of not raising the garbage fees or are we obligated by the contracts specifically on this
issue? Because on the contracts, the information that you gave us, it doesn't mention the Solid
Waste, but it mentions fees. Can we have another option instead of that one?
Mr. Marquez: Commissioner, you're correct, that the contract does say that.. I'll read a portion
out of LIUNA's contract. And the wording is pretty much the same through the three contracts
that we have here. It says "in recognition of LIUNA'S cooperation in assisting the City of
Miami to address its fiscal crisis, the City agrees to adopt necessary revenue enhancement
measures and cost containment measures as set forth in the City Manager's fair share matrix,
dated October 7th 1996." Now, that fair share matrix contemplates revenue enhancements and
cost containment items in the tens of millions of dollars. The specific Solid Waste fee increase
represents about ten million dollars ($10,000,000) worth of revenue enhancement in that mix. I
am sure if we were able to come up with other alternatives in the same dollar amount that's
recurring in nature, we can discuss that with the unions and see if that's amenable to them as a
substitute. It's a package. We're looking for something that recurring in nature. And that's
what the unions are looking at too. To the best of my knowledge, there is nothing like that in our
system right now. Perhaps, there is. Now, maybe we can substitute a portion of that revenue
increase with cost containment items that are recurring in nature. So maybe we don't have to
double the fee, maybe we can increase the fee 50 percent and make up the difference with the ten
million dollar ($10,000,000) recurring item with another recurring...
Commissioner Regalado: That's what I meant. That the Commission would have not one single
option.
Mr. Marquez: It's not. None of the contracts specifically say Solid Waste fee increase but the
unions are, and in good faith I must, I agree with them. They are looking for recurring cost
containment or revenue enhancements. That would be the item that we would ask for
substitution.
Commissioner Plummer: Well, as I see it, there is two things that we can do today. Three
things. One. Four things. One, we can pass it. Number two, we can defer it. Number three, we
can pass it on first reading or number four we can guarantee, by my vote. My vote would be
6 November 21, 1996
only predicated on deferral if it is mandated on this Commission to vote on it on the December
meeting on an emergency basis so that it can become effective in January for the billing period.
Mayor Carollo: I would suggest, Commissioner, that instead of voting on it on an emergency
basis where you will need four fifths vote, that we have two different meetings.
Vice Mayor Gort: Two meetings.
Commissioner Plummer: That's fine. I mean if that's what we've got to do, that's what we got
to do. I mean, you know.
Vice Mayor Gort: We don't do that much in Christmas, anyway so...
Commissioner Plummer: Do what? I have no problem with that. So in other words we're going
to have a meeting then on the 12th and what?
Mayor Carollo: And we could choose any other date right after if the Commission would wish.
Vice Mayor Gort: We need about a week for advertising?
Commissioner Plummer: Ten days. Can we do it on the fifth?
Mayor Carollo: No. We need to do it after the... We have a meeting on the 12th Commissioner.
We need to it after the 12th.
Mr. A. Quinn Jones, III, Esq. (City Attorney): No, it has to be... Yeah.
Commissioner Plummer: When do you want to do it? On the 19th?
Mr. Jones: No, you need at least ten days between...
Commissioner Plummer: On the 19th? I don't want to meet the day after Christmas. I mean
that's ridiculous.
Mr. Jones: So, you've got the nine...
Vice Mayor Gort: We can do it on the 23rd.
Commissioner Plummer: Why not the 19th?
Mr. Jones: You could do it on the 19th. That's ten days between readings. You've got a
meeting on, what the... No, I'm looking at January. Twelfth. It has to be either the 22nd or
thereafter.
Commissioner Plummer: Why?
Mr. Jones: Because state statutes says that you have to have at least ten days between readings.
Mayor Carollo: Than have it on the 22nd.
Commissioner Plummer: Well then, let's do it another way. Let's have our meeting on the Sth
and on the 19th.
7 November 21, 1996
iid
Mayor Carollo: Commissioner we need some time I believe to deal with this in the appropriate
way. I again would suggest that we have the meeting that's regularly scheduled on the 12th and
then we hold the second meeting on the 22nd.
Commissioner Plummer: No, the 23rd. That's even worse.
Mayor Carollo: Well, you said the 22nd, which is ten days after.
Commissioner Plummer: OK. No, the 22nd is a Sunday.
Mayor Carollo: It's a Sunday. OK, it will be the 23rd then, Sunday.
Commissioner Plummer: Hey, if that's what we've got to do you know, I'll be here. For one
single item, I'll be here.
Mayor Carollo: One single item.
Commissioner Plummer: OK. But I just, you know. We've got a fish or cut bait. That's the
name of the game. And you know, as far as I am concerned, we're going to spend a lot of time
here with the unions. And the unions are going to walk out the door and they are not going to
know where we are and neither am I.
Mayor Carollo: Commissioner, we understand what _eiou're saying. There is a way though about
how to go about fishing, how to cut bait. And I want to make sure that we not only fish, but
when we cut bait, we don't cut the whole City up.
Commissioner Plummer: All right, sir.
Mayor Carollo: And that's what I am going to address.
Commissioner Plummer: I have no problem with it. If you want, we have the three contracts in
front of us. I am ready to vote on them.
Mayor Carollo: We are. I think all of us are ready to vote on this but before we do, we still have
to finish on this item. We have to make a motion to have the second reading on the 23rd. But
before we do that, I'd like to hear from Commissioner Hernandez who didn't have the
opportunity to speak.
Commissioner Hernandez: Thank you Mr. Mayor. Late last week, I had the opportunity to sit
down with the Manager and discuss briefly the item on Solid Waste, and his ideas for the future
of the City. I have several concerns. I know that the unions are definitely stepping forward and
sacrificing and putting forward their piece of the pie. I can tell you that I feel the pulse of this
community, and I tell you this because I walked for many months, knocked on many doors and I
sincerely tell you that this community, at this point in time cannot afford to double the fees in
Solid Waste. There are other alternatives. I have my own plan that I'd like to discuss with the
Manager. We must look at several other alternatives other than increasing solid waste fees,
especially doubling them. Further reductions in solid waste services, trash pickup for example.
And I think we have to defer today. I think we have to further study and sit down with the
Manager independently and talk about other alternatives other than increasing the solid waste fee
and that's basically what I want to state today on how I feel on the record.
Mayor Carollo: Any other member of the Commission would like to make a statement? Shorty,
I'll go ahead to let you and some of the other union representatives speak...
8 November 21, 1996
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Mr. Shorty Bryson: Thank you, Mr. Mayor.
Mayor Carollo: ... and when you all are done, I'll make a statement.
Mr. Bryson: OK. Shorty Bryson, Miami Fire Fighters. You know, I think that the employees
are OK with deferral. Not happy, but OK. Provided, I have to say something for the fire fighters
here. We came forward with concessions. Nobody said to us, you need more time to sell it to
your members. They said "Do it, or die." Not in those words, but that was the ultimatum. It had
to happen. We knew it had to happen, we went in front of our memberships. We're politicians.
We've got to get elected. And we had to go in front of our members and we had to sell them a
package the same way that this package has to be sold to the citizens. Now, from my point of
view, and I'm friends with a lot of you up there and I've worked hard with you on many issues.
But I have to tell you, in December if this fee is not passed or if something in its place is not
passed equivalent, then I will be standing on record saying it "it's time to send the fire
department to Dade County." And I'll be saying that because we cannot any longer sit in fire
stations that are roach infested, give up pay raises, do more with less, ride on apparatus that are
not safe, and see no light at the end of that tunnel. So, I'm publicly telling you now, that it's not
an ultimatum, it's a statement of fact that in December when this comes to fruition if you don't
have the intestitude to go ahead and pass it, then that's the issue that we are going to go out and
start pushing. Because we can no longer sit there with a package that... I don't know how many
experts came in here and said "this is real, this is what you have to do." We had Merrett
Stierheim, who is the most respected person I know of that could do something like that. Tell
everybody it has to be done and then have people sit up on the Commission and say "can't do it."
If we can't then let's fold up the tent and let's go home. But, we will help and we will assist in
trying to educate the public on this fee. I surely hope when we come back in December that we
see the votes. Thank you, very much.
(APPLAUSE)
Mr. Charlie Cox: Charlie Cox, local 1907. You know, I will do everything in my power to
assist you and anything it takes to go out and educate the public, whatever it takes. But I can
remember two months ago, I stood before this Commission and got publicly humiliated. And
you know what, I stood here, took my lumps, my knees didn't quiver and I stand here before you
today and tell you my knees didn't quiver today either. Nor did my members quiver when I had
to take them the news. And when I come back on December 5th, if that's when we're going to
have the first reading...
Mayor Carollo: Well.
Mr. Cox: ... my knees are .... My knees won't quiver again, either. But you can't keep going
back to the well without something being done. And I appreciate all your time. Humberto, I
know you just go elected but I hope that you would look at this as well as looking at other
options too. And for the ones that are ready to go on this, I applaud you and we do maybe need
to educate the public but at some point in time, something has to be done. Because the
employees, you cannot keep going back to them. And whether I am here or not, and I can tell
you I probably won't be here next election. But the employees are finally going to have enough
and I represent 1,000 employees. Their salaries are thirty-four million dollars ($34,000,000) and
if this City has got to survive, send us home. OK. If you can't pay us, you've got to send us
home anyway. Thank you.
(APPLAUSE)
Mayor Carollo: Charlie. Charlie, before you go back. I personally would like to thank you and
Shorty and some of the other union representatives that went all out to make sure that an
9 November 21, 1996
�i
agreement would be reached by your respective unions. I know that took a lot of work on your
part, and many of the union representatives part. And I would just like to publicly complement
you and thank you for putting the City first. Ma'am.
Ms. Karen Beckwith: Hello, my name is Karen Beckwith. I live at 1660 Nocatee Drive. I am
here this morning obviously as a member of my union. But, right now I would like to speak to
the Commission as a City resident. I own three properties in the City and four other members of
my immediate family also are City residents. To my knowledge Commissioner Hernandez, we
have not spoken with you yet, and I welcome you. But I would like to say as a citizen right now,
if you have other plans, other ideas, other ways to help raise revenue, we need to consider all
those as well as increasing these garbage fees. As Commissioner Plummer pointed out, we
provide more service, far more service than the County does at a very, very low cost and it's
been that way for many, many years. If we properly educate the public, from the many citizens,
my neighbors that I know and my family, we do understand. We do care about this City. We
want to help this proud City continue on. If you have other ideas, we need to implement all of
them. I know, I am very well educated through my union right now, how short we are in our
reserves and other areas. You can't just not raise the garbage fees because that may not be
politically advantageous to you right now and try something else. If you have other ideas, let's
implement all of them and get all our reserves back up to where they belong. Let's get this City
strong so we can lead ourselves into the next century. As a citizen, that is how I feel and many
members of my family as well. You need to consider everything. Thank you.
Mayor Carollo: Thank you.
(APPLAUSE)
Mr. Mayshack Lane: I represent...
Commissioner Plummer: Hold the mike up.
Mr. Lane: Mayshack Lane, represent the Solid Waste Department from LIUNA and we too have
taken a big bite down through the years that we have given up. And right now, we hardly can
keep the City clean because we're unemployed. We have to do something. Mayor and the
Commission, we have to do something. We have to do something, we have to go to the citizens.
I am a citizen too, and I must take the bite too. If they double the tax, I have to take that too, to
keep the City going. Thank you.
(APPLAUSE)
Commissioner Regalado: Mr. Mayor.
Mayor Carollo: Hold on, Commissioner. Let me see if there are any representatives from the
FOP (Fraternal Order of Police) here that would like to address the Commission?
Mr. Tony Rodriguez: Good morning Mr. Mayor, Commissioners. Tony Rodriguez, Miami
FOP, Lodge 20. The vote that the officers voted on last week on the first memo of
understanding on the first concessions. As you may know, and many may know was a vote of
"no." Now, that vote as I said then, and I tell you now was not a vote of unwillingness on our
part to work to solve problems with the City hand in hand. Because in fact, we are the City. Our
livelihoods, our families, our welfare depends on this City. We are the City. It was a vote of
mistrust I think, from our membership. We met yesterday, with the new City Manager. He is an
honorable man. It was a pleasure working with him. And we've got a tentative agreement but I
can tell you this, that agreement, what we're giving, I think it adds up to thirteen point eight
million ($13,800,000) or almost fourteen million dollars ($14,000,000) in concessions from the
10 November 21, 1996
police. That agreement is based on you people here making the tough political decisions and
showing the leadership that is necessary at this point to get this City out of this mess. And one
of those items is this garbage fee. We want to work along with you. And we believe that your
hearts are in the right place and that you want to do the right thing. But, we are making some
tough decisions, we want you to also make the tough decisions needed to be made. Thank you.
(APPLAUSE)
Commissioner Plummer: Mr. Mayor, if I can, I want to go on the record.
Mayor Carollo: J.L., hold on for a minute, let me see if there is anybody else who would like to
address the Commission.
Commissioner Plummer: Go ahead.
Mayor Carollo: Are there any individual employee or any member from the public? Mr.
Armesto.
Mr. Eladio Jose Armesto: Good morning, honorable commissioners. My name is Eladio Jose
Armesto. I live at 850 North Miami Avenue, Miami, Florida. I think that the budget of the City
of Miami cannot be balanced on the backs of City employees. But they cannot be balanced on
the backs of the citizens and residents of the City either. There are many contracts that the City
has for renting properties. There are many properties that the City has which are followed today
which are not being utilized properly, which are not being managed. We should be inventoried
to make sure that the assets which the City of Miami has are being managed and used to the best
advantage of the people, rather than increasing this garbage fee. It seems to me as if, we have
been told, if I am hearing correctly that the salvation of the City of Miami rests on billing the
residents of Miami three hundred and twenty dollars ($320) a year on garbage. Doubling the one
hundred and sixty dollar ($160) fee. As a citizen, I cannot accept that. I cannot fathom that.
The administration of the City has to depend on doubling that fee. With Commissioner
Hernandez I say, the citizens of Miami cannot pay that much money the way economic
conditions are and I would urge all of you to vote against raising the garbage fee as the only
alternative that is being proposed to you today and to look into better management of the assets
of the City of Miami in order to find in there, the monies needed to operate the City properly.
Especially, in light of the fact that many members of this Commission have voted to give away
Bicentennial Park which is worth money. And we're being told that we don't have enough
money, we have to take it from the citizen's pocket. But yet, we're giving away City land which
should be at the very minimum, sold for what it's worth. Thank you.
Commissioner Regalado: Mr. Mayor.
Mayor Carollo: Commissioner, let me make sure that there is no one else here that would like to
address the Commission. OK, seeing on one, go ahead Commissioner.
Commissioner Regalado: We have heard members and leaders of the unions and they do have a
point, and they are making sacrifices. But one of the things that seems to be a pattern is that they
refer to this issue as a political issue. And they point to the Commissioners having problems
dealing with the next election and they all talk about their next election. I live in the Little
Havana area. My neighbors are middle class, some of them retired. And three of my neighbors
knocked on my door the other day and said to me "if you guys raise the garbage fee, you know
we won't be able to have dinner at least once a week because we have a fixed income. Our
children move and they live somewhere else and we receive this check," and he showed me the
amount, "every month. I will not get a raise in my pension. There is no way that I can go back
to work and I make some numbers and it's going to be very difficult for me to come up with the
11 November 21, 1996
Fi
difference that you are proposing." So I plead with the unions to understand that this is not about
the next election. That this is about the people of Miami, that we do have to consider the needs
of a lot of people in the City of Miami, the City of poor people. Yes, we do have rich people.
We have people in rich areas, but we have a lot of people with a fixed income that cannot and
will not be able to afford such a high rate. So I say to the unions you have made a lot of sacrifice
and you're doing that for the City of Miami. We will try to do our best, but understand that
indeed there are people that cannot afford to be penalized because of the mistakes that the past
administration made. So we are going to be here and we will do whatever is best for the City of
Miami. But when you talk about this Commission making political decisions think about the
human decision first and then consider the political decision. Thank you, Mr. Mayor.
Mayor Carollo: Commissioner Plummer.
Commissioner Plummer: Mr. Mayor, I just want to make sure with the City Manager, so that
there will be no misunderstanding. The rest of that matrix, on the record you have indicated to
me will be implemented with the exception of those items requiring commission action no later
than the end of this calendar year. I just want to make sure that we understand time is money,
and that we're all on the same railroad track here. Am I correct, Mr. Manager?
Mr. Edward Marquez (City Manager): Mr. Plummer, within the strategic plan there is a...
Commissioner Plummer: It's Commissioner Plummer.
Mr. Marquez: I am sorry, sir.
Commissioner Plummer: Mr. Plummer was my father.
Mr. Marquez: I am sorry, sir.
Commissioner Plummer: Thank you.
Mr. Marquez: Would you pardon my... Sorry. Within the plan there is a tab five which
specifies Citywide expenditure and union related reduction recommendations and basically in
the section there is a chart. And in the chart there is time frames. And I commit that on those
time frames that say "first quarter of '97" those will be implemented to the degree that it's solely
within the administration purview by the end of this fiscal year.
Commissioner Plummer: OK, but all of the rest of them that show by the end of the year are in
the works of going forward?
Mr. Marquez: All of those that show. One more time, sir?
Commissioner Plummer: The remainder of the things that are going to be done in the matrix, is
in fact going to be finished by the end of the year. Is there anything that's not going to be, other
than that which might take Commission action?
Mr. Marquez: Well, there are a number of items that take several Commission actions.
Commissioner Plummer: Such as.
Mr. Marquez: There is code changes, there is...
Commissioner Plummer: Oh no, I am talking about revenue.
12 November 21, 1996
Mr. Marquez: Yeah. The matrix... well, the matrix talks in terms of revenue enhancements.
Commissioner Plummer: Correct.
Mr. Marquez: Some of which require code changes. Now, what I would suggest so that you
know the full commitment, and I have asked the Mayor for this and I'll ask the full Commission
now. Is that perhaps we should have a workshop at one time where the administration could go
line by line on this. This coming December the 3rd, I am supposed to be meeting with George
Burgess and a number of the people who were in Merrett Stierheim's group to go over it with
our management, this report in detail. Because some of the aspects in this report, our
management does not understand or does not concur with. And I want to get a meeting of minds
on what's in here. And once that has been achieved, communicate that to the Commission so
that we know what we're talking about in this plan.
Commissioner Plummer: OK. I just want to make sure that that which is... We're binding
ourselves for when we make these union compromises, that we understand that that matrix
which is referred to in there is going to be adhered to.
Mr. Marquez: To...
Commissioner Plummer: With the exception today of the deferral of the garbage tax. Is that
correct?
Mr. Marquez: To the extent...
Commissioner Plummer: Is there anything else in that matrix that could come later and haunt
this Commission?
Mr. Marquez: To the extent that it's totally within the administration's purview, staff reductions
OK, that I do not have to come back to the Commission for, we will implement those.
Commissioner Plummer: OK.
Mr. Marquez: Everything else that requires Commission action, is a future action of the
Commission which I cannot you know, commit to.
Commissioner Plummer: No, I said other than Commission actions.
Mr. Marquez: Other than Commission action, the answer is yes.
Commissioner Plummer: Thank you.
Mayor Carollo: Any other questions, Commissioner Plummer?
Commissioner Plummer: No, that's it sir.
Mayor Carollo: Vice Mayor Gort?
Vice Mayor Gort: One question that's been asked of my wife and my lawyer. We need to
inform the neighborhoods on the trash pickup. I understand we'll be in the NET (Neighborhood
Enhancement Teams) office and enforcement and they have literature going to the different
homes stating that if they place trash, not at the right time, they'll get a fine of five hundred
dollars ($500). But I think it's important that we also let them know what day the pickup will
take place. Right now, there seems to be a lot of confusion in all the neighborhood. So I think it
13 November 21, 1996
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will be very important that we inform the public at their neighborhood when that trash pickup is
going to take place.
Mr. Marquez: Commissioner Gort, there is a map that the Department of Solid Waste has that
lists, divides the Cities into sectors and specifies which days those sectors are supposed to have
pickups. We'll have those maps sent out into the community.
Vice Mayor Gort: Thank you.
Commissioner Plummer: With the exception of what?
Mayor Carollo: Any other questions or statements, Commissioners?
Commissioner Regalado: No.
Mayor Carollo: OK, let me take a few minutes if I may...
Commissioner Plummer: Sure, enjoy.
Mayor Carollo: Mr. Manager, some of the areas that I want you to begin to look at to try to
implement as soon as possible and I hope some of these we could start implementing as early as
next week, are the following. And I say this because it is very easy to come and criticize to say
that you can't do something, but if you don't offer solutions or where you could get additional
monies from it doesn't really get you anywhere. Several of the areas that I want you to look at
and I would hope that this could be done in the form of a special task force so that it could be
immediately implemented and we don't go through the red tape that would take maybe a year,
then to finally begin to implement what I am going to suggest. In the areas of garbage fees I
would venture to say that there has to be approximately an additional ten percent maybe even 15
percent of properties that we are collecting garbage from. I am talking about residential
properties. I am not talking about the corruption that has been going on where people have been
told to pick up garbage at commercial properties that haven't been paying for years. And only
until recently that certain things happen such as "Operation Green Palm." That some of these
commercial properties, all of a sudden after in some cases, some after five years went to a
private garbage holder and now they're getting their garbage collected by private garbage
holders, not by the City of Miami for free, like was going on for years. But there is at least ten to
15 percent of residential properties that are not paying any monies at all for garbage fees and the
way that it's happening is, you have many areas of the City where it might be zoned for single
family residents, duplex. But in essence you have the homes have been divided into three or
four units. Two units for a single family home and we're picking garbage for more than one
family that's living in supposedly a single residence location. I am not suggesting that we get
bogged down at that same time with sending the full force of code enforcement and going
through other violations, we should make note of that as we're going through. But if need be,
you put people from a task force following each garbage truck and you figure out each stop that
they are making for how many units they're actually picking up for. And how many units is on
our computers or records that we're charging for. I think you're going to find that we are going
to pickup maybe at least ten percent, maybe as much as fifteen percent additional income that we
could then bill to people that haven't been paying and have been getting away with this. If we
get only a ten percent increase, that's at least a million dollars more that we will be getting a year
in recurring revenue, that one. Two, and this before you came we tested it on a very small scale
in several blocks of the City. You might have as much as 40 percent or maybe more, maybe a
little less of your businesses in the City of Miami that either do not have CO (Certificate of
Occupancy)or CU (Certificate of Use), or in sometimes both. I believe that if again we set up a
task force to go business by business we can quickly pick up anywhere from three to six million
($3,000,000 to 6,000,000) additional dollars of recurring revenue for the City of Miami. It was
14 November 21, 1996
done in a very small scale and I'll tell what happened. We were finding business after business
that either didn't have one or the other and then after the word got out that the City was doing
this, on one block people from other blocks were coming in saying "gee, they've been wanting to
pay this for so many years, but you know, no one ever got back to them." And before we would
get to their block, they wanted to come and pay it. So, these are two sound areas that we can
begin to bring in several million dollars of recurring revenue a year. One additional area that we
can pick up maybe another million to a million and a half dollars ($1,000,000 to $1,500,000) per
year is by the Fire Department instituting a fire inspection fee. This is not the fire fee that we
have been talking about. This is something different. This is a fire inspection fee that the
County charges, we do not. And this is something that I think would be fair and just to
implement it also, in the City of Miami. In these three areas, if we would set up a task force, one
or two to immediately begin dealing with this. These are areas that we might be able to pick up
in this fiscal year alone, at least an additional five million dollars ($5,000,000) of revenue to the
City of Miami. And this would be revenue that is not a one time source of revenue but would be
a recurring source of revenue which is really what we need to do. The more recurring revenue
that we find is really where we need to go. Because even if right now we would have seventy
million dollars ($70,000,000) to resolve our present deficit, if we do not find at least some fifty
million dollars ($50,000,000) for the next fiscal year, then we're going to be back in the same
situation within a year and a half, two years of being in this kind of deficit again. Now, if you
could try to implement a task force to deal with this Mr. Manager, and inform the Commission
of how you would go about it and your suggestions of how soon the City of Miami can begin
taking action in some of these areas, that I brought to your attention.
Mr. Marquez: Mr. Mayor, I welcome all ideas. We have a staff meeting tomorrow morning at
nine o'clock. We will talk at the staff meeting how this can be implemented. I'll issue a memo
to the board the early part of next week detailing what our plans are in these areas.
Commissioner Plummer: Mr. Mayor I'll give you one I brought up before and unfortunately the
Commission didn't put it forth or didn't have the votes to put it forth and that is in the zoning
area. In the zoning area, half. Unfortunately, half of the work I think in this town is done
without permits. It's unfortunate. Weekend warriors. They build unbelievable things on
weekends. And I'll sell you it's an easy way to regulate. And that is, that any building material
company that delivers to a City address has to put the number of the building permit on the bill
of laden or they kick in a fine. Now, all we're asking people to do is just be legitimate. I will
proffer it to be forward and if this Commission thinks that we should do it now, not only will we
have a better City for it, and a safer structure City but we'll also have a revenue producer. And
I'll ask the City Attorney to go back and bring it back here again, and let the Commission look at
it, and if they think it has merit, there is no question in my mind that it will produce revenue.
Mayor Carollo: Commissioner, if that could be brought back in the form of an ordinance.
Commissioner Plummer: It was before.
Mayor Carollo: OK.
Commissioner Plummer: I have one other area Mr. City Manager and then I am going to shut
up. Of everything that I've seen that's put out by Merrett Stierheim, with the exception of the
unions, I really didn't see any areas in which cut cost. Cut expenses. And there are some there
in the book that I don't see anywhere near enough that what I feel that could be. And I am
hopeful that if you follow the leads of the Mayor in forming this task force which... Mr. Mayor,
while you were interim... no longer a member of this Commission, there was a task force. And it
was composed of a member of the Fire Department, a member of the Police Department, a
member of the Sanitation Union. And they looked into every aspect of City business and they
came back with great ideas and recommendations. You might want to use that same format
15 November 21, 1996
r
because it worked before without recreating the wheel or you can do whatever you feel is best.
But, I can tell you and that, I think it was seven members of that board. It worked out extremely
well, from almost on a monthly basis. They came back to the Manager who came to the
Commission to implement other things that they have recommended and it was a tremendous
cost saving.
Mayor Carollo: Well, what I was talking about Commissioner was the task force in the sense of
picking individuals from different departments in the City to go out physically and bring in the
fees that I described here. And I think that basically what the Manager has now is a task force of
that sort, between different department heads.
Vice Mayor Gort: Mr. Mayor, we are increasing an enforcement which I think we needed to that
a long time ago. The enforcement was not done before. But one of the problems I found the
other day, that I received a call where a police officer went into a business, the CO was not there
and an order of arrest was given to the secretary. For some reason an ordinance is considered a
criminal violation. Now a lot of those people, business people, they're licensed with the state.
Commissioner Plummer: Criminal violations for what?
Vice Mayor Gort: And an order of arrest could create a problem for those people, even though
that later on they've found that they are not guilty that they will comply with it. And I think
what the Manager... the violation was that they didn't have a CO, and an order of arrest was
given, they were taken to court. The case was going to be dismissed but unfortunately was not
able to be dismissed because the Building Department had not acted on it. We need to somehow
give a warning to this individual before we issue an order of arrest or give them time for them to
comply with it. Because we've had a lot of lax interpretation in the past and all of a sudden we
are getting very strict. But I think we should give a chance for the people to come up with it,
especially some I think and I don't know if we can do anything about that. But the criminal...
making it a criminal act, is something we have to check on that.
Mayor Carollo: Well, I agree with the statement you made Commissioner. I think that what has
been the norm, and this is the first incident that I have heard of such a thing happening. The
norm that has been followed is that people would be fined for the previous times that they did
not get the licenses and then they would pay the fee for the new license. And I would hope that
that would be the norm that we would follow and certainly we could waive, depending on the
case, fines for previous times that it wasn't paid. But the bottom line is, people have to pay for
COs and CUs and bring the fees to the City that we need. Now, let me go right to the heart of
the issue that we were discussing here today, the garbage fee. During the last, a little over three
months, since I had been elected Mayor when this whole thing exploded and we started finding
out, you the employees, us up here, the residents of the City just how serious and how large the
problem we face was. I sometimes can't believe what has happened to our City. It's like a bad
dream. But it's not a dream, it's a reality. And the only way that we're going to be able to deal
with it is by coming clean both employees, elected officials, residents - putting everything on the
table. And frankly, that hasn't happened. It's fine for us to come up here and say we're going to
vote for a garbage fee, and indeed vote for a garbage fee and have that ten million dollar
($10,000,000) additional revenue that we need for the City of Miami but in going over
something that Shorty mentioned, that if it's not approved that he would like the Fire Department
to go to the County. What I don't want to be faced with is a situation that either way we go, not
only the Fire Department but maybe every department might go to the County or to the creation
of a new City. The residents of Miami have not been told the truth as to what is really the
situation that we have here. Those that were the main individuals responsible through either
incompetence or corruption or both are out there almost on a weekly basis on talk shows telling
the residents of Miami that this is all a lie. That we really do not have a financial crisis. That the
reason that we're talking about this crisis that they claim does not exist is because some of us,
16 November 21, 1996
[i
beginning with me want to raise the garbage fees on the residents of Miami and we just want to
go ahead and raise the taxes for no reason at all. There are many residents out there frankly, that
are confused. Nobody likes to pay more taxes. None of you out there, none of us up here. But
there are many residents that are confused because they are only hearing one side of the story.
They're hearing the side of the story that the former CEO (Chief Executive Officer) of this City,
the former City Manager, Mr. Odio has been telling them, in maybe some 25, 30 hours of radio
time on different programs that the people that he used to give checks to from our tax dollars, the
people that he used to employ, relatives are now coming to his rescue and helping him disinform
and outright lie to the public. You all in the Fire Department remember a certain gentleman that
used to work for your department, whose dad had a, had a microphone. You remember what you
all went through. Well, that was only the tip of the iceberg. And what I am very concerned
about is, if the employees, if the administration of the City does not unite and work as one, in
going out to the residents of this City. And I mean going on radio and going on TV, going to the
print media, even those that are paid lock, stock and barrel to lie to the public and disinform. If
we do not do that, and tell the residents of Miami the real story. Look, this is where it's at.
Either we unite and all of us bite the bullet or the other choice that we have is for the City of
Miami to basically be dissolved. Because come March, April at best, we're going to be out of
money and the checks won't be written. If we don't do that and just go ahead and vote upon the
garbage fee, what I am afraid is going to happen is the following. We are going to be facing and
this is a reality, an election sometime in March or April of next year. That election is going to be
an election to vote for the very existence of the City of Miami, on whether the residents want to
become part of Dade County, unincorporated Dade County, or whether they want to keep the
City of Miami. The individuals that were getting the signatures they do have enough to place it
on the ballot. The reason they haven't brought them in is, is that they're purposely waiting until
late December, maybe January before they hand them in so that they can have a March, April
time period for this election where they know that we're going to be at our weakest point
because we either would have raised garbage fees, and other fees and people would be mad. The
City of Miami would have maybe run out of money. So they have planned this in such a way
where frankly, ladies and gentlemen, the very existence of the City of Miami right now, is at best
50150. And if all of us, and I have had this conversation with the union presidents do not join
forces and go out and let the public know the real truth what really happened to our City. So that
the residents of Miami can decide. You know, if a majority of the residents of Miami do not
want to keep the City of Miami in existence, well they certainly have the right to make that
decision. But they also have the right to know both sides of the stories. And they also have a
right to know that there are former employees that were responsible for the mess that we're in to
be given that information. Not to see individuals bring them on radio so they could slander
attack managers, elected officials, employees and just outright lie, as to the real situation that the
City of Miami has today. Because, they were the ones who were responsible in causing this.
Not you, not us. At the same time, the public has the right to know if there are some of these so-
called radio personalities that receive checks from the City of Miami, for what reason they
receive them. If they have family members employed here and if they have violated federal laws
in receiving payola or "flafola" (phoenetic) which have up to a year jail term, up to a ten
thousand dollar ($10,000) fine. And if they committed three at any given time, they also
violated RICO (Racketeering Influence Corruption Organization) laws. So, it's not an easy task
that any of us have. It's a very, very difficult situation and I dare to say, it's the most difficult
situation the City of Miami has been in its history. But if we don't face up to the reality of why
we're here, that we're here because there was gross incompetence and gross corruption in our
City. And if we're going to let the people that were mainly responsible for it, get away and
going and lying to the public, and telling them that the reason that the City of Miami is going
down the drain is because we purposely want to let it go down the drain, because there really is
no financial crisis. And that there is no reason whatsoever for any fees to be increased. Then, it
will be our fault for not going out and informing the residents of Miami as to what the real truth
and the realities are. So, I would ask the union presidents if they could meet with the Manager
tomorrow, with myself and I think that this is one that we all have to unite together. Whatever
17 November 21, 1996
r
minor differences, whatever major difference there might have been in the past or might be in
the future, they need to be put aside and for all of us to work as one for the City of Miami to
survive. And with that, Mr. Manager if you have anything further to say, I would give you the
floor.
Mr. Edward Marquez (City Manager): At this point, I would just ask the Commission to vote on
the ratification of the union contracts and we will get moving with all the information back to the
board.
Mayor Carollo: Very good. Can we take up one by one then Mr. Manager?
Mr. Marquez: Yes, sir.
Mayor Carollo: Excuse me. Ma'am.
Ms. Priscilla Thompson (Executive Secretary to the Civil Service Board): Yes, excuse me
Mayor and Commissioners. Good morning. My name is Priscilla Thompson and I serve as
Executive Secretary to the Civil Service Board and prior to the ratification of the contracts.
Board members have asked that I express to you a concern that they have with all four of those
memorandums of understanding.
Unidentified Speaker: Three.
Ms. Thompson: Well, the language is the same in four of them. OK. Exactly what happens is
that the members of the Civil Service Board have a concern specifically with the language that is
contained in those memorandums of understanding which deal with the oversight hiring
committee. In the language in those memorandums of understanding it says "determinations by
the City Manager to authorize the hiring of a new employee are not subject to appeal through the
grievance procedure, Civil Service Board or outside forum." It's the board's feeling that that
language negates the due process rights of individuals who are seeking employment with the
City and it should be reviewed. Again, they are addressing the due process rights of individuals.
Commissioner Plummer: In that particular case, there is an oversight committee but, the
Manager is not bound by that committee.
Ms. Thompson: That is correct. But it.
Commissioner Plummer: So what is the concern?
Ms. Thompson: It appears that if an individual... Well, I am sorry, it doesn't appear. In the
Civil Service Rules and Regulations there is a provision that says that "any employee who is
seeking employment with the City of Miami does have a right to petition the Chief Examiner of
the Board to issue any complaint regarding the hiring process. It appears from the language
stated in the particular union memorandums, that a prospective employee, the individual could
not come to the Civil Service Board to exercise that right.
Commissioner Plummer: It doesn't say that here. It doesn't say that they are prohibited from
going that route as well.
Ms. Thompson: According to the language?
Commissioner Plummer: The way I read the language is that there is nothing that's here that
says that they're denied that right.
IV
November 21, 1996
sy.
Fi
Vice Mayor Gort: Why don't we let the attorney answer that.
Commissioner Plummer: Yes.
Mayor Carollo: Mr. City Attorney.
Mr. A. Quinn Jones, III, Esq. (City Attorney): I can't answer, Mr. Mayor. I think the only
concern that they're perhaps, in speaking with the board's attorney. That because the contract
would take a back seat, if you will, should I say put it in a perspective manner, the contract
would take precedence over the Civil Service rules that somehow a prospective employee's right
to petition the Civil Service Board will be negated. I don't know that that's the case. This is the
first time I've seen the language, so if you want me to give you an opinion on it, I would have to
read it and give it my best shot.
Mayor Carollo: Well, we can approve all these...
Commissioner Plummer: Joe, excuse me. I have got a major problem. You're telling me you
have not seen these prior to today.
i
Mr. Jones: I have not, no. I...
Commissioner Plummer: Has anybody in the law department seen them prior to today?
Mr. Jones: I think I had... You had outside counsel Mr. Crosland and I think a member of my
staff who worked on it. But I did not personally review these.
Commissioner Plummer: So it was reviewed by the Law Department? Hello.
Mr. Jones: I guess it was reviewed by a member of my staff.
Commissioner Plummer: No, no. Don't guess.
Mr. Jones: Well, I assume it was reviewed by a member of my staff. I indicated to you that I
had not personally...
Commissioner Plummer: OK. Not personally. OK.
Mr. Jones: OK, personally reviewed it.
Commissioner Plummer: OK. Thank you.
Mr. Jones: OK.
Mayor Carollo: Which member of the Law Department reviewed the law contract?
Ms. Sue Weller (Labor Relations Officer): Linda Rice Chapman.
Mayor Carollo: Is she here?
Mr. Jones: I don't think so.
Ms. Sue Weller: No, sir. The resolution is signed off by the Law Department.
Mr. Jones: Yeah. In fact it was only... Mr. Mayor, I mean. I am not trying, I hope there are no
aspersions being cast but this was the only... I was told, I was advised by my staff that there
19 November 21, 1996
r
were no problems with the agreements. It was only brought to my attention late last evening that
the board had a problem with this particular language in the contract. I mean the truth of the
matter is if there is an aggrieved person who thinks he or she, her rights or his rights have been
somehow impaired. They have to write to petition wherever they see fit to petition.
Mayor Carollo: Well, I think the bottom line is that if we do find, I would ask you personally
Mr. Jones to review it. If we approve it now and we do find later for any reason, that any portion
of this contract is in conflict with our City Charter then we could just bring it back here and
make that part null and void but not the rest of the contract.
Mr. Jones: Mr. Mayor, to make it perfectly clear. It's not in consistent with the Charter or
anything else. What they're talking about is one Civil Service rule that allows for an aggrieved
party to petition the Chief examiner. I don't know that there is any inconsistency at all. All I am
saying to you, I know if I were a prospective employee and I felt that somehow I had, my due
process rights have been impaired, I don't care what the rules says, I mean you've got a court
house there or whatever that you can get someone to redress those rights. Irrespective of what a
rule may say or in a contract or whatever. So I don't think there is necessarily any inconsistency
one way or the other.
Ms. Weller: May I make clarifications?
Mayor Carollo: Sue, go ahead.
Ms. Weller: Sue Weller, Labor Relations Officer. Last night, again the problem that Civil
Service Board had with this language was brought to my attention. A letter was provided to Ms.
Thompson this morning from the City Manager. A memorandum specifying that that language,
trying to clarify the intent of that language was the Manager's absolute right to determine if a
position will be filled in the City. It has nothing to do with saying who is going to get hired. It
is the Manager's prerogative to specify if a department head, when they come to him and say "I
have a position, I need to fill it. May I do that?" The committee will oversee that and make a
recommendation and the Manager retains the right to do that. That language was put in there as
far as not being able to go before the Civil Service Board or before the grievance procedure was
for the committee members to not be able to go that route and say "you know, we don't agree
with the Manager" in whatever, whether he decided to fill a position or not fill a position. And a
memorandum has been provided this morning to them clarifying that.
Vice Mayor Gort: OK.
Commissioner Plummer: Wouldn't it be that that person to fill that position would have to go
the regular Civil Service hiring route?
Ms. Weller: This is not looking at once a person has been... The fact that a person has been
denied employment.
Commissioner Plummer: Well, the oversight thing as I see it is what it says.
Ms. Weller: Excuse me. No, sir. It is simply a committee that says to the Manager, you have a
department that is requesting to fill a position, not who is going to go in that position. Just to fill
a position. That's all it talks about and I have a memorandum clarifying that.
Mayor Carollo: Well, what is the will of the Commission?
Vice Mayor Gort: I'm ready for a motion.
20 November 21, 1996
En
Mayor Carollo: Is there a motion?
Commissioner Plummer: I have no problem with that.
Vice Mayor Gort: OK, go ahead and make the motion.
Ii Mayor Carollo: There is a motion by Commissioner Plummer. Is there a second?
1 Vice Mayor Gort: Second.
Mayor Carollo: Second by Vice Mayor Gort.
Commissioner Plummer: (Reads resloution into the public record) I so move.
Mayor Carollo: There's a motion, there's a second. Any further discussion from the
Commission? Hearing none, can you call the roll Mr. Clerk.
j The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-821
A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER
TO ENTER INTO A MEMORANDUM OF UNDERSTANDING, IN
SUBSTANTIALLY THE ATTACHED FORM, MODIFYING THE EXISTING
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI
AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, (IAFF), LOCAL
587, IN EFFECT FOR THE PERIOD OF OCTOBER 1, 1995 THROUGH
SEPTEMBER 30, 1998, PURSUANT TO RESOLUTION NO. 95-227, ADOPTED
MARCH 27, 1995, BY THE CITY COMMISSION, SAID MODIFICATION TO
PROVIDE FOR A DEFERRAL OF THE FOUR (4%) PERCENT WAGE INCREASE,
PREVIOUSLY DUE IN JANUARY 1997, TO SEPTEMBER 1998, AN AGREEMENT
TO REDUCE THE NUMBER OF FUNDED POSITIONS FROM 605 TO 590; AN
AGREEMENT, AFFECTING RIGHTS TO RECEIPT OF 'SALARY RESERVES" FOR
FISCAL YEARS 1995-1996 AND 1996-1977; A REDUCTION IN REVENUE
INCENTIVE PAY FOR FISCAL YEARS 1996-1997 AND 1997-1998; AN
AGREEMENT FOR A WEEKLY $70.00 PAYMENT FROM THOSE EMPLOYEES
INJURED IN THE LINE OF DUTY AND RECEIVING WORKERS'
COMPENSATION AND SUPPLEMENTAL PAY; CANCELLATION OF THE 1997
WAGE REOPENER; PROVIDING FOR THE ESTABLISHMENT OF AN
OVERSIGHT HIRING COMMITTEE; PROVIDING FOR THE ADOPTION OF
REVENUE ENHANCEMENT AND COST CONTAINMENT MEASURES, AND
PROVIDING FOR A BIMONTHLY STATUS REPORT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
21 November 21, 1996
r
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mayor Carollo: Second resolution, Commissioner.
Commissioner Plummer: (Read resolution into publci record).
Vice Mayor Gort: You're reading the wrong one.
Commissioner Plummer: Am I reading the wrong one?
Vice Mayor Gort: You are.
Mayor Carollo: Yes, you are.
Commissioner Plummer: No. No, this is between...
Vice Mayor Gort: FOP (Fraternity Order of Police) and the City.
Commissioner Plummer: This is not FOP (Fraternity Order of Police). The FOP is another one.
This is FOP, which I am not reading.
Vice Mayor Gort: OK. Go ahead.
Commissioner Plummer: This is AFSCME (American Federation of State, County and
Municipal Employees).
Vice Mayor Gort: Sorry about that.
Commissioner Plummer: Would you be quite please. Where did I leave off (finishes reading
resolution into the public record)? I so move.
Mayor Carollo: Commissioner Plummer moves it.
Vice Mayor Gort: Second.
Mayor Carollo: Vice Mayor Gort seconds it. Any further discussion? Hearing none...
Commissioner Plummer: I assume just for the discussion purposes relating to the Police
Department or the Civilian employees in the Police Department. Would you so inform Mr. Gort
in the future so he won't interrupt me again?
22 November 21, 1996
A"
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-822
A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER
TO ENTER INTO A MEMORANDUM OF UNDERSTANDING, IN
SUBSTANTIALLY THE ATTACHED FORM, MODIFYING THE EXISTING
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI
AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES, (AFSCME), LOCAL 1907 IN EFFECT FOR THE PERIOD OF
OCTOBER 1, 1995 THROUGH SEPTEMBER 30, 1998, PURSUANT TO
RESOLUTION NO. 95-223, ADOPTED MARCH 27, 1995, BY THE CITY
COMMISSION; SAID MODIFICATION TO PROVIDE FOR A DEFERRAL OF THE
FOUR PERCENT (4%) WAGE INCREASE, PREVIOUSLY DUE IN JANUARY 1997,
TO SEPTEMBER 1998; AN AGREEMENT TO PROVIDE FOR A DEFERRAL ON
THE ISSUANCE OF CITY UNIFORMS FOR FISCAL YEAR 1997; AN
AGREEMENT TO SUPPORT THE CITY IN UTILIZING FEDERAL FORFEITURE
FUNDS/FINES TO FUND SPECIAL PROJECTS WITHIN THE MIAMI POLICE
DEPARTMENT; AN AGREEMENT TO WITHDRAW GRIEVANCE 4-96 RELATING
TO RETURNING ASSIGNED 24-HOUR VEHICLES; CANCELING THE 1997
WAGE REOPENER; PROVIDING FOR THE ESTABLISHMENT OF AN
OVERSIGHT HIRING COMMITTEE; PROVIDING FOR THE ADOPTION OF
REVENUE ENHANCEMENT AND COST CONTAINMENT MEASURES, AND
PROVIDING FOR A BIMONTHLY STATUS REPORT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Commissioner Plummer: (Read resolution into the public record) I so move.
Vice Mayor Gort: Second.
Mayor Carollo: There's a motion, there's a second. Discussion. Mr. Manager, if I hear
correctly, that's what I remember, that the motion had that pay days would now be on Fridays, in
the Sanitation Department, finally. OK. One last thing that I'd like to bring out and put it out
right in the open where I stand. And I would like to request to you, Mr. Manager to immediately
begin discussions with all the major waste holders that we have in Dade County that would like
to take over either by zones or as a whole, the garbage and trash collection in the City of Miami.
What I am talking about, to put in plain English is privatizing the Solid Waste Department. I
think that we ought to give the Solid Waste Department also the opportunity also to compete
with the private sector. But I think that one of the options that this Commission has, beginning
23 November 21, 1996
�i
October 1st of next year is that we can privatize the Solid Waste Department. And again, we can
give the opportunity to the Solid Waste Department itself to be part of those bids when we
finally put out an RFP (Request For Proposals). I believe that we can save the City of Miami
some seven to ten million dollars ($7,000,000 to $10,000,000) a year, if we do this. And I am
talking seven or ten million ($7,000,000 or $10,000,000) with guarantees that the increases
would not come as some have predicted. I am talking about long term contracts that would be
guaranteed in price.
Commissioner Plummer: When you do that, I would want you to include in there as to the
proposal of whether or not these private companies would entertain the idea of our employees
and our equipment.
Mayor Carollo: They would Commissioner. I have had some that have had discussions with me
that are willing to take on our employees and our equipment, buy our equipment from us. So...
Commissioner Plummer: Well, let me ask a question, if I may?
Mayor Carollo: Go ahead.
Commissioner Plummer: What is the total budget for Sanitation, right now? Is it not sixteen
million dollars ($16,000,000)?
Mr. Ron E. Williams (Assistant City Manager): Commissioner Plummer the number is around
sixteen five ($16,500,000) just for the operational services. That did not include some of the
internal service requirements. That pushes it to right at twenty million ($20,000,000) dollars.
Commissioner Plummer: No, no. OK. All right. But as I recall because as you know, it was
this Commissioner who two years ago brought about the fact that the private sector approached
us and I sent them to the administration. And they said they could do it for 50 percent. We said
to the union either you do it for the same or we're going private and the union agreed to it. And
we went from thirty-two million ($32,000,000) to sixteen ($16,000,000). Now, you know that
was supposedly the same level as what was going to be done by the private sector. But the ideas
the Mayor has said for more cuts and more savings, let's look at it.
Mayor Carollo: Well, I have been approached by some of the major names in the waste disposal
field whereas they have stated to me that they can save us somewhere between seven plus
($7,000,000 plus) to ten million dollars ($10,000,000) a year. At the same time, they will keep
our employees on. They would buy our equipment from us. Give us long term guarantees and
prices and do all that paying the same forty-five dollars ($45) per ton that we're paying the
County to dump our waste. Obviously if the former administration had not entered into that
contract with Dade County, a 20 year contract for forty-five dollars ($45) a ton, we could save
even millions more a year. Because it costs some of these companies anywhere from twenty-six
` to thirty-five dollars ($26 to $35) a ton to dispose of our waste, so. But this is based on the same
forty-five ($45) that the County charges us now. But seven to ten million dollars ($7,000,000 to
$10,000,000) is serious money so I would like the Manager to immediately begin studying that,
have discussions and to have an RFP (Request For Proposal) put out as early as you possibly can
next year, because I know there weren't be any time to do it this year.
Commissioner Plummer: What I understand you to say is, I hope I understand, is that, that RFP
would demand and require any bidder to take over the tonnage responsibility at a guaranteed
rate.
Mayor Carollo: That's correct.
24
November 21, 1996
14
Commissioner Plummer: Because we know that in a period of I think, like ten years... Ten
years ago, we were paying the County six dollars ($6) a ton to dispose of garbage and trash. And
now it's up to forty-five ($45) and it's going up every year. And unfortunately, we do not even
have the right to argue. They have the exclusive right to set the fee and we cannot contest it. So
you know, I think it's very important. And I see that our private, our City employees now. The
biggest problem that I see is, is they are going to run out of landfill. They are going to run out of
places to take garbage and that... Shift that responsibility over to a private company, that's worth
considering.
Mayor Carollo: Well, this is exactly what we're talking about Commissioner, yeah.
i
Commissioner Plummer: OK.
Mr. Marquez: Mr. Mayor.
Vice Mayor Gort: We need to vote on this.
Mayor Carollo: Mr. Manager. No, we will in a minute. We're under discussion.
Mr. Marquez: We will start this investigation early next week. One thing though. There is a lot
of variations in how you set up an RFP. There are a lot of parameters, a lot of different tax you
can take.
Mayor Carollo: Yeah, absolutely.
Mr. Marquez: So my, what I am envisioning is that I will solicit industry input and with their
ideas I will talk to the union, get their ideas and put all these ideas into what I'll call a policy
grid. Present a policy grid for discussion to this board so that I can get some direction as to how
to craft the RFP. Should it be long term in nature, should there be guarantees of fees and how far
out into the future? What type of service level should there be? Should they hire our employees,
et cetera, et cetera, et cetera. I'll have that in a policy grid and we'll talk it out and then I'll
direction from you all before we do an RFP.
Mayor Carollo: That's exactly what I expect you to do Mr. Manager. But I wain it started now,
so that we could be in place by October 1st of next year to privatize our trash and garbage
collection in the City of Miami if it's going to save us that much money.
Mr. Marquez: Should we involve the County in this process also?
Mayor Carollo: If they would like to, certainly. The County will have their fair shot if they
could save us that money.
Commissioner Plummer: Mr. Mayor, I would only want to put on the record. Sanitation
employees are much of our family as all of the rest.
i
Mayor Carollo: Absolutely.
Commissioner Plummer: And I think in all fairness, we've got to protect those who have given,
some of them a lifetime of work that they are not looking this afternoon saying "tomorrow, I
have no job." And I think that we must put on the record that we will do everything even in an
RFP to see that our employees are protected. And I think that's very, very important to say.
Because when you have low morale in one group, it filters over to others. And I don't want
I anybody walking out of here today thinking that tomorrow I am not going to have a job and how
i am I going to feed my family. And so I would just hope very, very sincerely that it's got to be
with that kind of a proviso.
25 November 21, 1996
i
Mayor Carollo: Commission, let me say it for the record that in every conversation that I have
had with the different firms that have approached me, that is one of the things that I have made
that clear that they would have to hire our Solid Waste employees. And none of them have
objected to that. But at the same time, let me make it as clear as I can that if we don't begin by
finding every possible way that we could save the City monies, and/or finding new sources of
revenues, we are going to find a situation that everyone is going to be out of a job. Because what
we facing is Chapter 2-18. Let's talk about reality. The potential also of the City of Miami
having to look at Chapter 11. And last but not least, we are facing whether we like it or not,
whether we want to admit it or not now, an election comes March or April, that is going to be a
referendum on whether the City of Miami will be dissolved or not. And this is why I've talked
about of going out and forming what I'd like to call a "truth squad" of informing the residents of
Miami, the citizens of Miami of what the real situation is. Because if we just cram something
down their throats, what we are going to be faced with is, yeah, we'll have ten million dollars
($10,000,000) more to carry the City beyond March or April for a few more months, but at the
end, the battle would have been lost because the people are going to vote to dissolve the City of
Miami, comes March or April. So we have to begin now by going out and explaining to the
public, the real truth. Simple as that.
Commissioner Plummer: Joe, let me ask this. Some people have called, and I'm sure they have
called your office. Mr. Marquez, in one of the scenarios of the matrix, you propose to close, is it
six of the NET (Neighborhood Enhancement Teams) offices?
Mr. Marquez: There is a proposal to come down to eight total NET offices.
Commissioner Plummer: OK. For example, the question I'm asking and that's why I asked the
question before. When is that proposed to happen? Before the end of the year, tomorrow, next
week, next month? When is that proposed to happen? Does that take Commission action?
These are the... You know, all of these people out here are worried sick about what they're
doing tomorrow. When are we going to talk about closing the two Police substations? Is that
going to happen tomorrow, before the end of the year? And I know you're new, and I hate to hit
you with this. But there are people out there that are very, very concerned about breakfast
tomorrow morning. And I think we've got to give answers to these people. They are entitled to
that.
Mr. Marquez: Commissioner Plummer, the closing of the NET offices is scheduled for February
of next year. Whether that takes Commission action, I can't answer that at the moment. I know
I have been meeting with staff yesterday, and I'll be meeting with staff again in the next couple
of days to figure out whether or not this proposal makes the most sense. There are differences of
opinion within management as to whether or not this is the optimum way of handling the NET
offices. At whatever time... You know, this is a plan. Merrett's crew came in and they
examined the operation. And they're an excellent group and I told you personally that I think
that this is an excellent plan. However, it's not in concrete. And as we go and start
implementing these things, I will be asking staff "is there a better way of doing this?" Covering
all of the bases.
Commissioner Plummer: When do you anticipate shutting down the two substations of the
Police?
Police Chief Donald Warshaw: Commissioner, I made a recommendation to the Manager and
that was also part of Mr. Stierheim's plan that basically the Police Department and the police
service would not in any way suffer with those two stations being closed down. The issue is
number one, the sale. The fair market value in being able to get a purchaser for the south district
station and the issue of the north station which is basically not on our land which could
26 November 21, 1996
conceivable be leased. I mean we could theoretically vacate those buildings right now and
realize an immediate savings in utilities and other duplicated kinds of costs.
Commissioner Plummer: That's why I am asking my question.
Police Chief Warshaw: My recommendation would be until such time as we really have a plan
to vacate them and let them be as it would be when you move out of a house and leave it
unoccupied, that probably wouldn't be the best way to go.
Commissioner Plummer: Yeah but you... I don't necessarily agree with that because you cut out
all of the expenses that are incurred by keeping them open. Hey, all I am doing is asking a
question. For example, can you tell me what NET offices are going to be closed? And what's
going to happen to the employees that are in the NET office? Mr. Marquez, I think I would hope
by the 12th of December that you would be able to come back to this Commission with those
kinds of answers. And I don't want to force you today but I want you to know, these people are
asking these questions. These people are very concerned, as every right they have to be and they
should be given answers.
Mr. Marquez: Commissioner Plummer, your questions are tough but they are extremely fair.
And let me... One of the things that I have been asking for and I'll ask again is a workshop with
the Commission at a date certain that I can go by line with this. And by that date I will have the
information in hand.
Commissioner Plummer: It's got to be done.
Mayor Carollo: Before we finish today's meeting, we'll go over our schedules and pick a date
so that we can have that workshop. Hopefully, next week.
Commissioner Plummer: Next week is Thanksgiving, Joe.
Mayor Carollo: If you're ready. Huh?
Commissioner Plummer: Next week is Thanksgiving. Why don't you do it the 5th of
December?
Mayor Carollo: Well, I hope it is Thanksgiving.
Commissioner Plummer: I don't know about you but...
Mayor Carollo: Pick whatever dates you all like...
Commissioner Plummer: December 5th is just another Thursday. It's fine with me.
Mayor Carollo: Well. That'll be fine. December 5th. Can you call the roll Mr. Clerk on the
last resolution.
Mr. Walter J. Foeman (City Clerk): Sure. Roll call.
Mayor Carollo: Hold on.
Commissioner Hernandez: Commissioner, I'd like to further discuss something that
Commissioner Plummer was talking about. I was in a meeting last night in the north part of
Coconut Grove discussing the concerns they have especially over Coconut Grove NET that is
being discussed as one of the possible one that will be shut off. I have been receiving a lot of
27
November 21, 1996
ri
calls about that. The Allapattah NET is very much concerned. And I have two questions that I
would like you to think about Mr. Manager because I have been studying this strategic plan and
there are certain things that add a lot of questions and really honestly don't make much sense to
me. When we talk about this reduction of the NET offices, you're proposal is to from 13 to 8.
Approximately when you look at the costs or expenditures to the City of these 13 NETs we're
looking at approximately rough numbers of about four million ($4,000,000) dollars. When you
4 divide that by 13, you're looking at a round figure of three hundred thousand ($300,000) per
NET station. However, in the strategic plan, the proposed reduction to the City of five, closing
five NET stations is only three hundred and sixty-three thousand ($363,000). Now, the numbers
are not, don't square off to me. If you close five, we should be saving almost one point five
million ($1,500,000) dollars.
Commissioner Plummer: No, because you've still got the personnel.
Mr. Marquez: Bert Waters can answer the response to this.
Mr. Elbert Waters (Director, NET/Community Development): Good morning. Commissioner
Hernandez, for the record Elbert Waters, Director Community Development and NET.
Regarding the proposal relating to the reduction of the NET offices. It is a proposal, as you are
aware within the strategic plan. What we are attempting to look at is the possibility of shifting
certain costs associated on the General Fund side to the grant side which it relates to our
Community Development Block Grant dollars. With that type of strategy we're looking at
attempting to save the City on a General Fund side of those costs. So that's what staff. My
department and the Manager is working on to try to come up with that logical solution.
Commissioner Hernandez: If you close five NETs, what's the total reduction to the City General
Fund? Three hundred and sixty-three thousand ($363,000) dollars. That's what you save?
Mr. Waters: Three sixty-two ($362,000).
Commissioner Hernandez: How do you figure that?
Mr. Waters: Well, those dollars relate to salaries and rents from those particular five.
Operational costs.
Commissioner Hernandez: But why won't we be reducing it? For closing five NETs, shouldn't
we be reducing it by one point five million ($1,500,000) dollars? According to your numbers,
that's what it looks...
i
Commissioner Plummer: They've still got the employees, they're are not being eliminated.
Commissioner Hernandez: Well, that's not being put forward in the strategic plan. I mean when
you close the NET, you're not going to eliminate those positions? Those people are going to be
going to other positions in the City of Miami?
Mr. Waters: Correct. And the majority of those, the closings for example, the inspecting. We..
inspector services. What we're doing is shifting the cost of those inspector services on the grant
side. So that in essence reduces the amount of dollars that the General Fund would have to take
care of.
Mayor Carollo: What we are basically cutting, Commissioner, is the overhead in those particular
locations. You're going to need those employees to do the work that they're doing in the same
neighborhood. They will just be assigned to other locations where they'll be working from. But,
I do agree with you that that needs to be looked at closer. You know, I... Well, we'll leave it at
that.
28 November 21, 1996
_µme
f Commissioner Regalado: By the way, Mr. Mayor.
1 Mayor Carollo: Commissioner.
i Commissioner Regalado: Yes, are we still renting cars for your department? Remember...
Mr. Waters: Yes, we are.
Commissioner Regalado: ... we still are.
Mr. Waters: We have lease arrangements with one of our vendors for those cars.
Commissioner Regalado: We're talking about ten. Ten cars?
Mr. Waters: That's an approximate, but yes.
j Commissioner Regalado: Is it a lease or a rental?
Mr. Waters: We're are leasing those cars, sir. You may recall, well I believe it was in August,
earlier on, our department came before the Commission requesting approval for the leasing of
cars relating to the service delivery for our programs through Community Development Block
Grants and also through the Neighborhood Jobs Program. There was a request for those vehicles
to be paid out of the grants. Those are eligible activities and that's what we've basically done.
They do not again, impact the City's General Fund. So what we're attempting to do is try to
minimize any cost associated on the General Fund side as it relates to those programs.
Commissioner Regalado: My understanding was, that it was a rental agreement, not a lease, and
there was a five hundred and some dollars amount for each car.
Mr. Waters: There is a lease agreement and hopefully the Procurement Office can assist me with
this. But in essence the lease cost is approximately five hundred ninety ($590) a month. What
that encompasses is a full fledged service contract. That is it provides us with ongoing
maintenance for those particular vehicles. The types of vehicles can range from, I guess you
would call it... I would call it a compact to a regular City vehicle. So the bottom line is, those
vehicles are full service and that's why the cost expenditure is that amount.
Commissioner Regalado: OK.
l Mayor Carollo: Call the roll, Mr. Clerk.
Commissioner Plummer: What's the motion, I am sorry? The one you made.
Mayor Carollo: It's the one that you made before and Commissioner Gort second.
Commissioner Plummer: On the Union?
I
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29 November 21, 1996
&uw-fi
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-823
A RESOLUTION WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER
TO ENTER INTO A MEMORANDUM OF UNDERSTANDING, IN
SUBSTANTIALLY THE ATTACHED FORM, MODIFYING THE EXISTING
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI
AND THE LABORERS INTERNATIONAL, UNION OF NORTH AMERICA,
(LIUNA) LOCAL 800, IN EFFECT FOR THE PERIOD OF OCTOBER 1, 1994
THROUGH SEPTEMBER 30, 1997, PURSUANT TO RESOLUTION NO. 95-96,
ADOPTED FEBRUARY 9, 1995, BY THE CITY COMMISSION; SAID
MODIFICATION TO PROVIDE FOR THE FORFEITURE OF A $500.00 WAGE
BONUS PREVIOUSLY DUE IN OCTOBER 1996; AN AGREEMENT TO LIMIT
WORKERS' COMPENSATION AND SUPPLEMENTAL PAY TO 80% OF
EMPLOYEE'S BASE SALARY; PROVIDE FOR THE RECEIPT OF PAY CHECKS
ON FRIDAYS; PROVIDE FOR THE ESTABLISHMENT OF AN OVERSIGHT
HIRING COMMITTEE; PROVIDE FOR THE ADOPTION OF REVENUE
ENHANCEMENT AND COST CONTAINMENT MEASURES, AND PROVIDE FOR
A BIMONTHLY STATUS REPORT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mr. Ralph Packingham: Yes, Good morning Commissioners, Mayor. My name is Ralph
Packingham, City of Miami. My question is this. You're discussing closing the NET, some
NET offices as well as possibly two substations. At what point, prior to you actually making the
decision would the actual community be informed and their input given as to what their needs
are and so forth, these two particular items of concern?
Mayor Carollo: Mr. Manager, would you like to answer that?
Mr. Marques: We hope that the community can be available at the workshop on December 5th,
while we discuss the details of the plan. And hopefully on that day we can cover all of the
aspects that need to be considered.
Mr. Packingham: Ah, well Mr. Marquez my question back to you would be, are you going to
have workshops within the communities, or are you going to have one workshop here at City
Hall?
Mr. Marquez: Right now, the concept is to have one workshop at City Hall.
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30 November 21, 1996
f
Mr. Packingham: Well, I think that the taxpayers would appreciate it more and be more
available if there workshops in the communities that is going to be affected in the evening time
when people are able to attend these kinds of things. Inasmuch as we are the ones paying the
bills. I would like you to consider that.
Mr. Marquez: It will be considered, sir.
Mr. Packingham: Thank you.
Mayor Carollo: Thank you Mr. Packingham. Is...
Vice Mayor Gort: Mr. Mayor.
Mayor Carollo: Go ahead.
Vice Mayor Gort: Before we go on, I would like to recognize people talking about people
willing to come from Miami. 1 would like to recognize a good friend of mine and a gentleman
who is going to do some investments in Miami, Mr. Joe Perez from Los Angeles who is here
visiting us.
Mayor Carollo: Welcome, Mr. Perez. If we could have a motion to have the second meeting in
December, for being December 23rd at nine a.m.
Vice Mayor Gort: Move it.
Mayor Carollo: It's been moved by Vie Mayor Gort. Second by Commissioner Hernandez. All
in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following motion and resolution were introduced by Vice Mayor Gort, who moved its
adoption:
MOTION NO. 96-824
A MOTION SCHEDULING A SPECIAL COMMISSION MEETING ON DECEMBER
23, 1996 AT 9 A.M. IN ORDER TO CONSIDER THE SECOND READING OF A
PROPOSED ORDINANCE TO INCREASE SOLID WASTE FEES.
RESOLUTION NO. 96-824.1
A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY COMMISSION
MEETING IN DECEMBER TO TAKE PLACE DECEMBER 12, 1996.
31
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 Hernandez, the motion and resolution were
passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS:
ABSENT:
None.
None.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, is that going to include the hearing on
the Solid Waste?
Mayor Carollo: That would include only the hearing on the Solid Waste.
Mr. Jones: Well, then you need to either decide whether you are going to have the P and Z
(Planning and Zoning) meeting as part of the meeting on the 12th or on...
Commissioner Plummer: Yes.
Mr. Jones: ... an alternate date.
Mayor Carollo: Well, we have agreed that we would try to hold it on the 12th.
Commissioner Plummer: Yeah, that what we. Yeah, Yeah. And since the Mayor has final
control over the agenda we'll look to the Mayor to make sure that it's within reason.
Mayor Carollo: I would hope so Commissioner. But if we cannot finish all the items, as I stated
before. We are going to have to go to more than two meetings per month.
Commissioner Plummer: I hope not.
----------------------------------------------------------------------------------------------------------------
2. VICE MAYOR GORT TO BE LIAISON/COMMISSION REPRESENTATIVE
TO BLUE RIBBON PANEL COMMITTEE FOR REVIEWING PROCEDURAL
STEPS FOR CREATION OF DISTRICT ELECTIONS WITHIN THE CITY --
SAID BLUE RIBBON COMMITTEE SHALL CONSIDER THE ISSUE OF
PROPOSED DISTRICTS, HOW MANY, AND THE APPROPRIATE
COMPOSITION OF SAME. (SEE LABEL 4)
Mayor Carollo: OK, let's go back then to the regular agenda. But, just before we do that while
4 we're getting ready to go to the regular agenda I'd like to ask Vice Mayor Gort if he would be
the liaison between the Commission and a Blue Ribbon Committee that I have in panel of
citizens that have approached me to look at creating districts for the City of Miami. Two of the
individuals that approached me from this committee they are still forming were two of the
i
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32 November 21, 1996
j
attorneys, Mr. Paul Wallace and Mr. Steve Codie. The two attorneys that were successful in
being able to get districts for Dade County and the School Board. So I would like to ask you,
Vice Mayor Gort if you would be the Commission's liaison, with the committee to have them go
through the steps that we will need to. To look at the possibilities of districts, of how many, in
which form before this will be brought to the Commission. Thank you.
Vice Mayor Gort: All right.
-------------------------- --------------------------------------------- -----------------------------------------
3. (A) APPOINT COMMISSIONER HUMBERTO HERNANDEZ TO JOBS
AND EDUCATION PARTNERSHIP REGIONAL BOARD/ WAGES
COALITION BOARD SUBCOMMITTEE.-- SEE LABEL 18.
(B) APPOINT COMMISSIONER J.L. PLUMMER TO JOBS AND
EDUCATION PARTNERSHIP REGIONAL BOARD, FORMERLY
PRIVATE INDUSTRY COUNCIL (PIC) -- SEE LABEL 18.
Commissioner Plummer: Mr. Mayor, if I may.
Mayor Carollo: Yes, Yes, Commissioner.
Commissioner Plummer: There are two important boards that right now, I think we needed to
get something done immediately. One is the Wages Board which is one will be talking about the
State welfare money. One of our colleagues, former colleagues was on that board and we need
an appointment there. And I think the time has come where we need to consider one of the
Commission to serve on the PIC board, the PIC, Private Industry Council Board. Other
municipalities, there is five. Have either a Commissioner or a Mayor that serve on the Private
Industry Council Board. And I think that if we're not going to be getting our representation in
there, real quick like, this City is going to lose out.
Mayor Carollo: Commissioner, I'll be happy to make a motion for you to represent this
Commission on that board. Or...
Commissioner Plummer: OK, well you have two appointments. One has to be to the Wages
Board and that is definitely, I believe. Mr. Manager is that not definitely a member of the
Commission? And the other one is the PIC Board. All right. Would you look into it and bring
it back this afternoon, because I think we've definitely got to make those appointments or we're
((' going to lose money. Our people in this City are going to lose money.
i
Unidentified Speaker: She can answer it...
Commissioner Plummer: Oh, I am sorry, she can answer it.
Ms. Gwendolyn Warren (Neighborhoods Jobs Programs): Gwendolyn Warren, Neighborhood
Jobs Program, City of Miami employee. And the question?
Commissioner Plummer: The question is, on the Wages Board is that not definitely a City
Commissioner that serves on that board from the City of Miami?
Ms. Warren: Actually, it's the Jobs Employment Training board -JET. The City has 13
appointees from that board which is comprised of 61 individuals. The Wages Coalition is a
subcommittee of that board.
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33 November 21, 1996
i
Commissioner Plummer: OK. Did Commissioner Dawkins formerly serve in that capacity?
Ms. Warern: As a JET board member, yes.
Commissioner Plummer: All right. On the other side, the five major deciders of the PIC.
Ms. Warren: The consortium.
Commissioner Plummer: The consortium. Is that or can it be a Commissioner, an elected
official? Because I think Raul Martinez is one.
Ms. Warren: The consortium is made up of the five local entities including the City of Miami.
The City Manager is the representative and I attend those meetings.
Commissioner Plummer: But it can be a Commissioner, is what I am saying?
Ms. Warren: Yes, it can.
Commissioner Plummer: OK, so Mr. Mayor you take it from there. Whoever has the time to
serve. I think that's really...
Mayor Carollo: I do not have the time to serve Commissioner. My plate is more than full. If
anybody from the Commission would like to volunteer.
Commissioner Hernandez: I'll volunteer.
Mayor Carollo: OK, I make a motion that...
Commissioner Plummer: I'll try to see if I can serve on the Private Industry Council. And if he
will take the Wages...
Mayor Carollo: I'll make a motion that Commissioner Hernandez be nominated to the Wages
Board.
Vice Mayor Gort: Second.
Mayor Carollo: Second by Vice Mayor Gort.
Ms. Warren: Sir.
Mayor Carollo: Ma'am.
Ms. Warren: Again, just for a point of clarification. We're talking about two different
organizations.
Commissioner Plummer: Appointments.
Mayor Carollo: We understand that.
Commissioner Plummer: Yeah.
Ms. Warren: OK. And the JET board is where the Commission appointee opening is.
34 November 21, 1996
Mayor Carollo: Right. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution and motion were introduced by Mayor Carollo, who moved their
adoption:
RESOLUTION NO. 96-825
1 `
A RESOLUTION RECOMMENDING THE APPOINTMENT OF COMMISSIONER
HERNANDEZ TO THE JOBS AND EDUCATION PARTNERSHIP REGIONAL
BOARD/WAGES COALITION BOARD SUBCOMMITTEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
i MOTION NO. 96-825.1
A MOTION STRONGLY URGING THE JOBS AND EDUCATION PARTNERSHIP
REGIONAL BOARD TO NAME COMMISSIONER HUMBERTO HERNANDEZ AS
A MEMBER OF THE WAGES HUMBERTO HERNANDEZ AS A MEMBER OF
THE WAGES COALITION BOARD SUBCOMMITTEE.
[Note: the above cited subcommittee has not yet been established, but could be
implemented early next year.]
Upon being seconded by Vice Mayor Gort, the resolution and motion were passed and
adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mayor Carollo: A motion to name Mr. Plummer to...
Commissioner Plummer: The PIC (Private Industry Council).
Mayor Carollo: ... the PIC board. Second by Vice Mayor Gort. All in favor signify by saying
The Commission (Collectively): Aye.
35 November 21, 1996
The following motion was introduced by Mayor Carollo, who moved its adoption:
MOTION NO.96-826
A MOTION APPOINTING COMMISSIONER J.L. PLUMMER, JR. AS A MEMBER
OF THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM.
Upon being seconded by Vice Mayor Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Commissioner Plummer: And Mr. Clerk, if you will notify the appropriate boards of those
appointments please?
Mr. Walter J. Foeman (City Clerk): Yes, sir.
Mayor Carollo: OK.
--------------------------- ------------------------------------------------------------------------------------
4. DISCUSS COMMISSIONER HERNANDEZ IS AND COMMISSION
INVOLVEMENT WITH BLUE RIBBON PANEL COMMITTEE
EVALUATING STEPS TO CREATE DISTRICT ELECTIONS. -- SEE LABEL
2.
Commissioner Hernandez: Mr. Mayor.
Mayor Carollo: Go ahead.
Commissioner Hernandez: I would like to ask you a few questions on this Blue Ribbon panel or
Blue Ribbon Committee.
Mayor Carollo: Sure.
Commissioner Hernandez: What is that committee comprised of, who's involved? Because I
am very much interested in getting involving in the single member district discussions.
Mayor Carollo: Sure. The minute that we formalize the people within the committee, I'll so
inform you.
Commissioner Hernandez: Are we going to be able to appoint people of the Commission to this
committee or is it...
36 November 21, 1996
Mayor Carollo: This is a committee that the Mayor is naming, Commissioner.
Commissioner Hernandez: OK, thanks. I'd like to take part in that.
Mayor Carollo: Excuse me?
Commissioner Hernandez: I'd like to take part in that, in that committee.
Mayor Carollo: We could all take part in it. I have assigned Vice Mayor Gort to be the liaison
for the Commission.
Commissioner Hernandez: OK.
Mayor Carollo: And we will all take part in it once it's finally presented here. So you could
certainly have like any other member of the Commission input into the committee.
Commissioner Hernandez: Excellent.
Mayor Carollo: In fact, I believe that you have worked with Mr. Wallace in the past.
Commissioner Hernandez: I have.
Mayor Carollo: And Mr. Codie. They informed me of that.
Commissioner Hernandez: I have.
Mayor Carollo: So you shouldn't have any problem in being able to work with them.
Commissioner Hernandez: Absolutely.
Vice Mayor Gort: By the way, as representative of this Commission, anyone. Any
Commissioner, any ideas that you all have, bring them to me and I'll more than glad to put it on
the table.
Commissioner Regalado: Would we be able to...
Mayor Carollo: What I would suggest that whatever ideas their might be, might be sent to Vice
Mayor Gort in writing.
Commissioner Regalado: Right. Is it, I wanted to ask the City Attorney whether we members of
the Commission can talk to Vice Mayor Gort about the ideas.
Mayor Carollo: No.
Commissioner Regalado: We cannot.
Mayor Carollo: No, no.
Commissioner Regalado: We have to do that through writing.
Mayor Carollo: In writing, in writing.
Commissioner Regalado: OK.
37 November 21, 1996
Commissioner Plummer: Which becomes a public record.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Well, even in writing, there is... it's a problem.
Mayor Carollo: Well, I knew it. I knew it.
Mr. Jones: I mean the writing is the same thing.
Commissioner Regalado: Well, how do we do that?
Vice Mayor Gort: Send it to the Manager and the Manager will send...
Mayor Carollo: Smoke signals.
Mr. Jones: Yeah, send it through the Manager. That's one alternative. Or otherwise be creative.
Commissioner Plummer: Yeah, do it through moonshine instead of sunshine.
Commissioner Regalado: Graffiti, graffiti.
Commissioner Plummer: Well, I would assume Vice Mayor Gort and the Mayor who have
made this committee that you're going to be having public meetings. Absolutely.
Mayor Carollo: Commissioner that would certainly be the case once it gets started. But...
1
Commissioner Plummer: The only thing I would recommend and I would take it only from what
I have seen in the State of Florida, that you pick a committee. The committee pick a committee
of outside private, non -political people to draw the lines of the districts. I don't want to see any
gerrymandering taking it around this guy's front door and down through this back yard...
Mayor Carollo: I fully agree. We...
Commissioner Plummer: OK. Don't tell me the computer did it when you take it by
somebody's front door.
Mayor Carollo: The truth of the matter Commissioner is that the City of Miami is not that large
for a lot of the gerrymandering that has gone on traditionally in districting to happen here. I
think this would be a pretty simple thing to do.
Commissioner Plummer: OK. I am just saying, let's get some private outside people to do it.
Mayor Carollo: That's the intention of the members of the committee that I have spoken to
already that approached me. They will have an outside source from outside Miami to go ahead
and be involved in the redistricting and how they are going to be shaped. In fact, I will be asking
both the chairman of the Republican party and the Democrat party to be part of that committee
also. So we could have every available balance that we could.
Commissioner Plummer: We're non -partisan.
38 November 21, 1996
r
----------------------------------------------------------------------------------------------------------------
5. CONSENT AGENDA -- MISCELLANEOUS COMMENTS.
�A)
B) DISCUSSION: AMENDMENT TO AGREEMENT WITH JUAN DIAZ
FOR DATA INPUT SERVICES FOR GEOGRAPHIC INFORMATION
SYSTEM (GIS).
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: All right, let's move on to the consent agenda.
Commissioner Plummer: I only have on question on the consent. Mr. Manager, item five just
for the record, more so than anything. What is this agreement for? It doesn't say.
Mr. Edward Marquez (City Manager): The...
Commissioner Plummer: And I think would be asking the question "what does it say?"
Mr. Marquez: The agreement's for services in the GIS system. The cost is for nine thousand
dollars ($9,000).
Commissioner Plummer: And what is the GSI system?
Mr. Jack Luft (Director, Community Planning and Revitalization): The GSI system...
Mr. Marquez: The GSI...
Mr. Luft: I am sorry.
Mr. Marquez: Go ahead.
Mr. Luft: It's a geographic information system. This is where we take...
Commissioner Plummer: OK, the point I'm trying to make. It doesn't say here what it's for. It
just says extending the contract. And you know, I don't know why we don't anymore. We used
to publish the entire agenda on Channel 9. I don't know why we don't do it anymore, but I think
for people that don't have the opportunity of backup that these items should be a little bit more
explicit for of what they are for. That's my only question.
Mr. Luft: OK, sir. We receive payments from various City departments.
Commissioner Plummer: You don't have to go any further.
Mr. Luft: Police, Fire, it's about thirty thousand dollars ($30,000)...
Commissioner Plummer: OK.
Mr. Luft: ... and this gentleman does that work.
Commissioner Plummer: Didn't say what it was for. I have no other problem with the consent.
4 If nobody else does, I am ready to move it.
i
Mayor Carollo: OK, on CA-5. Mr. Manager just a brief question, if someone from your
i administration could answer it. I understand that this is an additional nine thousand dollars
39
November 21, 1996
i
($9,000) for six months when the annual funding used to be fifty-two thousand five hundred
($52,500) OK, can you explain that Jack?
Mr. Luft: I am sorry, I was...
Mayor Carollo: From what I understand, this is an additional nine thousand dollars ($9,000)
funding for six months when the annual funding used to be fifty-two thousand five hundred
dollars ($52,500).
Mr. Luft: Right. This is was replacing a position that was lost. This is now... Mr. Diaz is a
contract employee and we're using him to provide the data input services for the Police and Fire
Department to satisfy their thirty thousand dollars ($30,000) payments to us.
Mayor Carollo: OK, All right. I just want to get it on the record. All right, is there a motion for
the consent agenda.
Commissioner Plummer: ... do you want the terminology you have to read?
Mayor Carollo: Not really.
Commissioner Plummer: Oh, you have to by law, I think.
Vice Mayor Gort: Move it.
Mayor Carollo: We don't really have to read it but the public knows if...
Commissioner Plummer: Before the vote on adopting the items included on the consent agenda
is taken, is there anyone present who is an objector or a proponent that wishes to speak on any
item in the consent agenda? Hearing none, the vote on the consent agenda will be moved by
Commissioner Plummer and seconded by...
Vice Mayor Gort: Gort.
Mayor Carollo: I am glad the Commissioner came with an appetite to speak today. Thank you.
Moved by Commissioner Plummer seconded by Vice Mayor Gort. All in favor signify by
saying "aye."
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, IT WAS DETERMINED THAT ANY CONSENT
AGENDA ITEM, WHICH IS PULLED BY A GIVEN
COMMISSIONER FROM THE CONSENT AGENDA FOR
FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE
AUTOMATICALLY DEFERRED AND SCHEDULED, AS A
REGULAR ITEM, ON THE NEXT AVAILABLE AGENDA.
THEREUPON MOTION DULY MADE BY
COMMISSIONER PLUMMER AND SECONDED BY VICE
MAYOR GORT, THE CONSENT AGENDA ITEMS WERE
PASSED BY THE FOLLOWING VOTE:
40
November 21, 1996
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
1 Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
I
i
5.1 ACCEPT BID; VILA & SON LANDSCAPING CORP. -- FOR BAYFRONT PARK
TREE CANOPY REPLACEMENT, H-1095 -- ALLOCATE FUNDS ($21,709.95,
FROM CIP ORDINANCE 11337, PROJECT 332081).
RESOLUTION NO. 96-827
A RESOLUTION ACCEPTING THE BID OF VILA & SON
LANDSCAPING CORP., IN THE PROPOSED AMOUNT OF
$21,000.00, TOTAL BID OF THE PROPOSAL, FOR THE PROJECT
ENTITLED "BAYFRONT PARK - TREE CANOPY REPLACEMENT,
H 1095"; ALLOCATING FUNDS THEREFOR AS PREVIOUSLY
APPROPRIATED FROM CAPITAL IMPROVEMENT PROJECTS
ORDINANCE NO. 11337, AS AMENDED, PROJECT NO. 332081, IN
THE AMOUNT OF $21,000.00 TO COVER THE CONTRACT COST
AND $709.95 TO COVER THE ESTIMATED EXPENSES, FOR AN
ESTIMATED TOTAL COST OF $21,709.95; AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
5.2 ACCEPT BID: B.V. OIL COMPANY -- FOR AUTO FLUID FOR FLEET SERVICE
CENTER -- FOR POLICE DEPARTMENT -- ALLOCATING FUNDS ($52,580,
ACCT. CODE 421701-713).
I RESOLUTION NO.96-828
A RESOLUTION ACCEPTING THE BID OF B.V. OIL COMPANY
FOR THE PROVISION OF AUTOMOTIVE FLUIDS FOR THE FLEET
SERVICE CENTER ON A CONTRACT BASIS FOR ONE (1) YEAR
WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE
(1) YEAR PERIODS FOR THE DEPARTMENT OF POLICE AT A
TOTAL PROPOSED ANNUAL COST OF $52,580.00; ALLOCATING
FUNDS THEREFOR FROM THE FLEET SERVICE CENTER
OPERATING BUDGET, ACCOUNT CODE NO. 421701-713;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR
SAID ACQUISITION AND THEREAFTER TO EXTEND SAID
CONTRACT AT THE SAME PRICE, TERMS AND CONDITIONS,
SUBJECT TO THE AVAILABILITY OF FUNDS.
41 November 21, 1996
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
5.3 AUTHORIZE BUILDING AND ZONING DEPARTMENT TO EXPEND FUNDS TO
CONTINUE TO USE MICROFILM DEPOT, INC. SERVICES --ALLOCATE FUNDS
($15,000, ACCT CODE 560302-996, PROJECT 421991).
RESOLUTION NO. 96-829
A RESOLUTION AUTHORIZING AND ADDITIONAL
EXPENDITURE, IN AN AMOUNT NOT TO EXCEED 415,000.00,
FOR ACQUISITION BY THE DEPARTMENT OF BUILDING AND
ZONING OF MICROFILMING SERVICES FROM MICROFILM
DEPOT INC., UTILIZING EXISTING DADE COUNTY CONTRACT
NO. 1444-0/96; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NO. 560302-996, PROJECT NO. 421991; AND
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR
SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
5.4 AUTHORIZE EXTENSION OF AGREEMENT WITH JUAN M. DIAZ TO JUNE 30,
1997 -- FOR SPECIALIZED GEOGRAPHIC INFORMATION SYSTEM (GIS)
SERVICES -- ALLOCATE FUNDS ($9,000, DEPARTMENT OF COMMUNITY
PLANNING - CPR-ACCT. CODE 660101-270).
RESOLUTION NO. 96-830
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A
MEMBER OF THE DOWNTOWN DEVELOPMENT AUTHORITY
FOR A TERM AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
5.5 AUTHORIZE AGREEMENT WITH A. FOSTER HIGGINS & CO., INC., -- FOR
EXPERT ACTUARIAL ASSISTANCE -- ALLOCATE FUNDS, NOT TO EXCEED
$50,000., FROM PENSION ADMINISTRATION TRUST FUND.
RESOLUTION NO. 96-831
A RESOLUTION WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH THE FIRM OF A
A. FOSTER HIGGINS 7 CO., INC., TO PROVIDE EXPERT
ACTUARIAL ASSISTANCE FOR THE PERIOD OF OCTOBER 1,
1996 THROUGH SEPTEMBER 30, 1977; ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $50,000.00, FROM
THE PENSION ADMINISTRATION TRUST FUND FOR SAID
SERVICES.
42 November 21, 1996
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
5.6 ACCEPT $15,000 GRANT FROM CLAUDE PEPPER FOUNDATION -- FOR
REPAIRSAMPROVEMENTS TO MILDRED AND CLAUDE PEPPER FOUNTAIN IN
BAYFRONT PARK.
RESOLUTION NO.96-832
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT A $15,000,00 GRANT FROM THE CLAUDE PEPPER
FOUNDATION TO BE USED FOR REPAIRS AND IMPROVEMENTS
TO THE MILDRED AND CLAUDE PEPPER FOUNTAIN IN
BAYFRONT PARK AND TO EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO ACCEPT SAID GRANT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
5.7 ACCEPT CEIBA TREES DONATION FROM LESTER PANCOAST TO MILDRED
AND CLAUDE PEPPER BAYFRONT PARK.
RESOLUTION NO. 96-833
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ACCEPT A DONATION OF TWO (2) CEIBA TREES FROM LESTER
PANCOAST TO MILDRED AND CLAUDE PEPPER BAYFRONT
PARK AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, TO ACCEPT
SAID DONATION.
43 November 21, 1996
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
5.8 ACCEPT PLAT: VILLA CARMEN.
RESOLUTION NO.96-834
` A RESOLUTION WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED VILLA CARMEN, A SUBDIVISION IN THE CITY OF
MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT
AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT; ACCEPTING THE COVENANT TO RUN
WITH THE LAND POSTPONING THE IMMEDIATE
CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL
REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS;
AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR
THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
5.9ACCEPT PLAT: BUENA VISTA ELEMENTARY SCHOOL.
RESOLUTION NO. 96-835
A RESOLUTION WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED: BUENA VISTA ELEMENTARY SCHOOL, A
SUBDIVISION IN THE CITY OF MIAMI, SUBJECT TO ALL OF THE
CONDITIONS OF THE PLAT AND STREET COMMITTEE, AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT;
AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR
THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
----------------------------------------------------------------------------------------------------------------
6. ELECT/APPOINT COMMISSIONER TOMAS REGALADO AS VICE
MAYOR -- FOR ONE YEAR.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: OK, now I we're I believe on item four, two and three have been withdrawn.
Commissioner Plummer: I nominate for Vice Mayor, Walter Mercado.
Mayor Carollo: If we could go through the rotation process, since it has been traditionally in
doing.
44
November 21, 1996
rA
Commissioner Plummer: That's correct.
Vice Mayor Gort: Mr. Mayor.
Commissioner Plummer: And it's always the Vice Mayor prerogative to make the motion for
the next Vice Mayor.
Mayor Carollo: That's correct.
Vice Mayor Gort: Mr. Mayor first of all I would like to say that being as Vice Mayor that
rotating as it was, I had to go through a lot of things and I appreciate it and following the rotation
that we follow every year, I would like to at this time nominate Tomas Regalado for Vice
Mayor.
Commissioner Plummer: Second.
Mayor Carollo: There's a motion, there's a second to nominate Tomas Regalado as Vice Mayor
of this Commission. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Mayor Gort, who moved its adoption:
RESOLUTION NO. 96-836
A RESOLUTION ELECTING AND APPOINTING COMMISSIONER TOMAS
REGALADO AS VICE -MAYOR OF THE CITY OF MIAMI, FLORID& TO SERVE A
ONE YEAR TERM, COMMENCING AT 12:00 NOON ON DECEMBER 1, 1996.
(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 Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mayor Carollo: Let me say the following Vice -Mayor Gort that I don't think there's ever been a
time in the City's history when a Vice -Mayor was asked to do so much as you were. We went
through a very trying time where you had to take the responsibilities of being the Mayor. In fact,
you were the interim Mayor and you served very honorably and served this City in a very
dignified manner at a time we were having a tremendous loss. So, on that I'd personally like to
thank you for the many, many hours that you put in. As being Mayor, I just wish you would
have told me what I was going to be getting myself into before we ran.
45 November 21, 1996
Commissioner Regalado: Mr. Mayor, I want to thank you and thank all the members of this
Commission for this appointment. And I too, follow Vice -Mayor Gort as he was guiding the
City. During several weeks I did follow as a journalist his interim mayorship and I also as a
citizen of Miami, I am proud of the work that he did. And again, I thank all the members of the
Commission for their appointment.
Commissioner Plummer: My condolences. "Buena suerte."
----------------------------------------------------------------------------------------------------------------
7. DISCUSS/ TABLE TO AFTERNOON SESSION BOARDS AND
COMMITTEES APPOINTMENTS -- COMMISSIONER PLUMMER DEFERS
HIS APPOINTMENTS TO DECEMBER 12, 1996 MEETING --
ADMINISTRATION URGES COMMISSION TO MAKE APPOINTMENTS
TO THE FEDERAL ENTERPRISE COMMUNITY COUNCIL.
----------------------------------------------------------------------------------------------------------------
Mr. Mayor on five one, I would like to defer my one, two, three, four, five appointments at this
time.
Vice Mayor Gort: I've made mine already.
Mr. Elbert Waters (Director, NET (Neighborhood Enhancement Teams)/Community
i Development): Commissioner Plummer, if I may.
i
Commissioner Regalado: Can we bring this appointment in the afternoon, some of the...
Mayor Carollo: Yeah, if we could bring the appointments back in the afternoon.
Commissioner Regalado: I really need some, at least two or three hours to... Of if we can bring
it in the afternoon, anytime.
Commissioner Plummer: Well, mine will be coming back on the 12th.
Mayor Carollo: That's fine. Those that have them for the afternoon, we'll take them up in the
afternoon. If not, those that do not we'll take them up on the 12th.
Mr. Waters: If I may.
Commissioner Hernandez: Mr. Mayor.
Mayor Carollo: Go ahead.
Mr. Waters: Mr. Mayor and members of the Commission. These recommendations of nominees
are being asked by the administration, if we can all possibly come up with names this afternoon.
The reason staff is requesting that is because the membership is completely staffed with
Metropolitan Dade County. The City of Miami is the only municipality that has not proffered
the names of the board members.
Mayor Carollo: What item are you talking about, five one?
Mr. Waters: This, I am sorry. This is item five point one.
46 November 21, 1996
r
` Mayor Carollo: Five one, right?
Mr. Waters: Five one, yes sir.
Mayor Carollo: OK, we'll bring this up back in the afternoon and deal with it.
Mr. Waters: Thank you, thank you sir.
Mayor Carollo: Thank you. Item six.
Commissioner Plummer: Wait a minute, you got other five points. We have five point...
Mayor Carollo: Yeah, we've got five up until five 18
Commissioner Hernandez: Twenty.
Mayor Carollo: Or actually five twenty-one.
Commissioner Plummer: Oh, you don't want to take any appointments at all now? That's all
right with me. I mean, I don't care.
Mayor Carollo: This. Yeah, this is what we're saying. We'll take them up all in the afternoon.
Commissioner Plummer: All of the appointments?
Mayor Carollo: Yeah.
Commissioner Plummer: OK, because...
Mayor Carollo: Let's get down with the real business and we'll do this quickly in the afternoon.
Commissioner Plummer: All right. Well now, Commissioner Hernandez you are aware, sir, that
all of the appointments made by your predecessor are dead and you now will make all of those
appointments...
Commissioner Hernandez: Yes.
Commissioner Plummer: ... under the new rules of the Commission.
Commissioner Hernandez: I am aware of that.
t.,
47 November 21, 1996
}
i
Mayor Carollo: He is. He is aware of that.
----------------------------------------------------------------------------------------------------------------
8. RETAIN BRUCE ROGOW AS SPECIAL COUNSEL TO REPRESENT CITY
` ATTORNEY/CITY CLERK/ASSISTANT CITY CLERK IN CASE 96-22445-
CA-01/08 -- BOARD OF TRUSTEES OF THE CITY OF MIAMI GENERAL
EMPLOYEES AND SANITATION EMPLOYEES RETIREMENT TRUST:
PLAINTIFF -- PENSION BOARD -- VS. CESAR ODIO, A. QUINN JONES,
MATTY HIRAI, WALTER FOEMAN AND MARIA ARGUDIN --
ALLOCATE FUNDS, NOT TO EXCEED $15,000.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Let's move on to item six on the agenda. Mr. City Attorney.
Commissioner Plummer: Item six.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, members of the Commission. I
placed this item on the agenda. As you probably know the Pension Board of course filed a
declaratory judgment action against myself, the City Clerk, the Assistant City Clerk, former City
Manager and former City Clerk. And of course, the action seeks the Florida court to make a
determination as to the rights or entitlement to the higher pension benefit rate that the
Commission extended to these particular employees. What I am requesting in essence is that
because we have, at least on behalf of three individuals, the City Clerk, the Assistant City Clerk
and myself, that we be afforded representation in this case. I don't envision that it should be
very costly or very lengthy. Normally declaratory judgment action is pretty straight forward.
Commissioner Plummer: Give us a not to exceed.
Mr. Jones: Say, fifteen thousand ($15,000).
Commissioner Plummer: I'll move it. I don't see where we've got any choice.
Mayor Carollo: There's a motion by Commissioner Plummer.
Commissioner Plummer: Is there an alternative?
Mayor Carollo: Second.
Commissioner Hernandez: I'll second it. Who's our counsel on this?
Mr. Jones: I was going to ask... I don't have counsel yet. I've spoken to Bruce Rogow.
Commissioner Plummer: Who?
Mr. Jones: Bruce Rogow. Some people call it "Rogal."
Commissioner Plummer: Let me ask one question, is his office in the City of Miami?
Mr. Jones: No.
Commissioner Plummer: Then I would not want that gentleman, unless you're going to say to
me he's the finest person available.
48
November 21, 1996
FA
Mr. Jones: He is the...
Commissioner Plummer: I want to do business with people who pay their taxes in this City.
Mr. Jones: Well, I understand that Commissioner. He is the finest as far as I am concerned.
Commissioner Plummer: Then I can't go against it.
Mr. Jones: Yeah, yeah.
Commissioner Plummer: Whenever possible, I want people who pay taxes to be recipients of
City contracts whenever possible.
Mr. Jones: Commissioner, I understand that and I have been very sympathetic to that and for the
few that we do use for specialized instances. I'd also ask too, that because he represents the City
in one instance, the Perry Anderson appeal that you waive a conflict.
Commissioner Plummer: It would have been my motion to include the waiver, if the seconder
will accept it.
Mayor Carollo: There's a motion that has presented with an amendment. Do you accept the
amendment?
Commissioner Hernandez: What's the amendment?
Mr. Jones: The amendment is to waive a conflict since he represents the City.
Commissioner Hernandez: Right. I second the motion.
Mayor Carollo: There's a motion, there's a second. Any further discussion? Hearing none, all
those in favor signify by saying "aye."
The Commission (Collectively): Aye.
49 November 21, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-837
A RESOLUTION AUTHORIZING THE ENGAGEMENT OF THE LAW FIRM OF
BRUCE S. ROGOW, P.A., TO SERVE AS COUNSEL TO THE CITY ATTORNEY,
CITY CLERK AND ASSISTANT CITY CLERK, IN CONNECTION WITH THE
LAWSUIT, BOARD OF TRUSTEES OF THE CITY OF MIAMI GENERAL
EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST V.
CESAR ODIO, A. QUINN JONES, III, MATTY HIRAI, WALTER J. FOEMAN AND
MARIA J. ARGUDIN, IN THE ELEVENTH JUDICIAL CIRCUIT COURT IN AND
FOR DADE COUNTY, FLORIDA, CASE NO. 96-22445 CA-03, WITH FEES FOR
SAID SERVICES NOT TO EXCEED $15,000; ALLOCATING FUNDS THEREFOR
FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT
CODE NO. 620103-653 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 Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
9. RATIFY / APPROVE / CONFIRM MANAGER'S EMERGENCY FINDING --
AUTHORIZE INCREASE IN CONTRACT IN AN AMOUNT NOT TO
EXCEED $37,033, BETWEEN CITY AND W.P. AUSTIN CONSTRUCTION
CORPORATION -- FOR MIAMI POLICE HEADQUARTERS 3RD AND 4TH
FLOOR ADDITIONS PROJECT, B-2920-A -- ALLOCATING FUNDS FROM
CAPITAL IMPROVEMENT PROJECT 312029.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I move item eight.
Mayor Carollo: Item eight. There's a motion. There's a second. Can you read the resolution?
It's a resolution, but can you read the resolution since it is an emergency resolution requiring
four fifths vote.
Commissioner Plummer: I'll read it for you.
NOTE FOR THE RECORD: Commissioner Plummer reads the
resolution info the pu is record by title only.
i
Mayor Carollo: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-838
A RESOLUTION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF EMERGENCY CIRCUMSTANCES AND
AUTHORIZING AN INCREASE IN THE CONTRACT DATED MARCH 28, 1995, IN
AN AMOUNT NOT TO EXCEED $37,033, BETWEEN THE CITY OF MIAMI, AND
W.P. AUSTIN CONSTRUCTION CORPORATION FOR THE MIAMI POLICE
HEADQUARTERS 3RD AND 4TH FLOOR ADDITIONS PROJECT, B-2920-A;
ALLOCATING FUNDS THEREFOR AS PREVIOUSLY APPROPRIATED BY
ORDINANCE NO. 11337, AS AMENDED, FROM CAPITAL IMPROVEMENT
PROJECT NO.312029. i
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
i
51 November 21, 1996
Upon being seconded by Mayor Carollo, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, just as a point of clarification. It's no
requirement...
Commissioner Plummer: To read the resolution.
Mr. Jones: ... to read the resolutions. It's just the...
Mayor Carollo: We understand that, but when it's a four -fifths vote, I would like to read it into
the record.
Mr. Jones: OK.
----------------------------------------------------------------------------------------------------------------
10. RATIFY / APPROVE / CONFIRM MANAGER'S EMERGENCY FINDING --
AUTHORIZE INCREASE IN CONTRACT, IN AN AMOUNT NOT TO
EXCEED $16,411.13, BETWEEN CITY AND ALPHA ENGINEERS, INC.,--
FOR "CONTAMINATION REMEDIATION, N.W. 4 STREET OIL RECLAIM
FACILITY PROJECT B-5579(I)"; ALLOCATE FUNDS, CAPITAL
IMPROVEMENT PROJECT 311009.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Item number nine, is there a motion?
Commissioner Plummer: Move it.
Vice Mayor Gort: Second.
Mayor Carollo: Move by Commissioner Plummer, second by Vice Mayor Gort.
Commissioner Plummer: Former Vice Mayor Gort.
Mr. Jones: Do you want this one read, it's four fifths as well?
Mayor Carollo: By Commissioner Gort. Old habits are hard to do away with.
Mr. Jones: You want this read, this is four fifths.
52 November 21, 1996
NOTE FOR THE RECORD: The City Attorney reads the
resolution into the pu is record by title only.
Mayor Carollo: All those in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-839
A RESOLUTION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING OF EMERGENCY CIRCUMSTANCES AND
AUTHORIZING AN INCREASE IN THE CONTRACT, IN AN AMOUNT NOT TO
EXCEED $16,411.13, BETWEEN THE CITY OF MIAMI, FLORIDA, AND ALPHA
ENGINEERS, INC., FOR THE "CONTAMINATION REMEDIATION, N.W. 4
STREET OIL RECLAIM FACILITY PROJECT B-5579(I)"; ALLOCATING FUNDS
THEREFOR AS PREVIOUSLY APPROPRIATED BY CAPITAL IMPROVEMENT
PROJECT ORDINANCE NO. 11337, AS AMENDED, PROJECT NO. 311009.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
W
----------------------------------------------------------------------------------------------------------------
11. (A) APPOINT ISABEL KATO AND ROSE GORDON TO BOARD OF
TRUSTEES OF GENERAL EMPLOYEES AND SANITATION
EMPLOYEES RETIREMENT TRUST FUND.
(B) BRIEF DISCUSSION RE PARTISAN COMPOSITION OF DADE
COUNTY DELEGATION OF STATE SENATORS AND
REPRESENTATIVES IN STATE LEGISLATURE.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Item number ten.
Commissioner Plummer: I don't see him here.
Mayor Carollo: Well, he want to defer it I believe, until four thirty p.m. or later.
Commissioner Plummer: OK.
Unidentified Speaker: Eleven is withdrawn.
Commissioner Plummer: Item twelve.
Mayor Carollo: Item eleven. Is Janet Cooper here?
Commissioner Plummer: No, it's been withdrawn.
Mr. Jones: Withdrawn.
Mayor Carollo: It's been withdrawn. That's right item eleven has.
Mayor Carollo: We're on item 12.
Commissioner Plummer: Mr. Mayor and my colleagues on the Miami City Commission, as you
know, I am Chairman of that board. They asked, the board itself asked to come and to make a
presentation to this Commission, and I have no objections to the board making such a
presentation as soon as they are ready to make it. I just want the board to know that I had no
objection to them being here. I saw Manny Gonzalez. Where's the rest of the members, or
anybody that's going to make a presentation?
Mr. John Gale: We have John Gale.
Commissioner Plummer: John, I am sorry, I didn't see you. John, and Ricardo is here. It's just
the two of you?
Unidentified Speaker: Well, Dwayne will be here.
Commissioner Plummer: Dwayne was here. I saw him previously.
Unidentified Speaker: He's on his way right now.
Commissioner Plummer: You're on.
Mayor Carollo: Commissioner, while we're waiting for them to come...
54
November 21, 1996
Commissioner Plummer: They're here.
Mayor Carollo: ... but let me do a professional courtesy to one of our colleagues.
Commissioner Plummer: Sure.
Mayor Carollo: Senator Silver is here today and he needs to hear item 5.20, is the General
Employees and Sanitation Employees Retirement Trust. It's the appointment of Rose Gordon at
large and the confirmation of reappointment of Isabel Kato representing AFSCME (American
Federal, State, County, and Municipal Employees). I so move both of them.
Commissioner Plummer: Second.
Mayor Carollo: There's a motion.
Commissioner Plummer: That's five...
Vice Mayor Gort: There's a motion, there's a second. Is there any discussion?
Commissioner Plummer: Wait, which one is that?
Mr. Jones: Five two oh.
Mayor Carollo: Five two oh.
Vice Mayor Gort: Five two oh.
Commissioner Plummer: Five two A?
Mr. Jones: Five two zero.
Commissioner Plummer: Two zero.
Mr. Jones: Under the appointments.
Commissioner Plummer: All right, hold on. Speak English.
Mayor Carollo: Well, you know I. Now that you mention it, I wasn't going to say anything
before, but the reason Commission Gort didn't understand that, what you were saying before,
that's exactly what he told me. But, anyway.
Vice Mayor Gort: Well all in favor state so by saying "aye."
The Commission (Collectively): Aye.
{
55 November 21, 1996
The following resolution was introduced by Mayor Carollo, who moved its adoption:
RESOLUTION NO. 96-840
A RESOLUTION APPOINTING AN INDIVIDUAL AND CONFIRMING THE
APPOINTMENT OF AN INDIVIDUAL AS MEMBERS OF THE BOARD OF
TRUSTEES OF THE CITY OF MIAMI GENERAL EMPLOYEES' AND
SANITATION EMPLOYEES' RETIREMENT TRUST FOR TERMS OF OFFICE AS
HEREIN SPECIFIED.
(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 Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Commissioner Plummer: I vote yes, but I am still questioning. You made two names.
Mayor Carollo: Yes. Rose...
Commissioner Plummer: And I only see one blank.
Mayor Carollo: OK. Rose Gordon at large and the confirmation, the reappointment of Isabel
Kato representing AFSCME.
Commissioner Regalado: Rose Gordon's name is not there.
Commissioner Plummer: I don't see an at large blank.
Commissioner Regalado: Yeah, it's only one name. One blank.
Commissioner Plummer: There is only one name, that's what I am asking for to clarify what's
on the agenda. I don't care what's there. What I am saying is, what's on the agenda is one
name, Isabel Kato, K-A-T-O, with one blank. I don't see an at large.
Mayor Carollo: Senator, can you answer the Commissioner's question please?
Senator Ron Silvers: We'll see if he can hear me, I am not sure Commissioner, at your age...
Commissioner Plummer: Unfortunately, yes I can. Would you come over to the funeral home
and redeem your gift certificate, please?
mm
r
Senator Silvers: Ah, Commissioner Plummer, it was my understanding in your package there
were resolutions that reflected this. On the agenda I see also, only Isabel Kato's name. I don't
know if that's a technicality that was omitted or whatever the case might be. But I know Rose
Gordon's name was supposed to be a part of that.
Vice Mayor Gort: In the backup material we have it.
Senator Silvers: Yes.
Commissioner Plummer: Mr. City Attorney.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Yes.
Commissioner Plummer: I'll ask you. Can we do it or can't we?
Mr. Jones: Yes.
Commissioner Plummer: Thank you, good-bye.
Mr. Jones: This was a technicality. Yes.
Senator Silvers: Thank you.
Mayor Carollo: All right, let's go back to your item, number 12.
Senator Silvers: We needed to take on vote on that. Did we take a vote on that?
Mayor Carollo: Didn't we take a vote on that?
Commissioner Plummer: We did vote on it, yes. Go away and sin no more.
Senator Silvers: OK, OK.
Commissioner Plummer: No, that's impossible for you.
Mayor Carollo: By the way, did you have the elections for the Dade delegation?
Senator Silvers: No, Mr. Mayor, we had some difficulty in the last couple of weeks as you know
trying to get everybody together in the delegation so, in the spirit of the holiday season we're
going to put them off until after the Thanksgiving holiday...
Commissioner Plummer: Chicken.
Senator Silvers: ... and hold them the second week in December, I think it what the process will
be now.
Commissioner Plummer: How, the Dade...
Mayor Carollo: Good luck to you senator.
Senator Silvers: Thank you.
Commissioner Plummer: The Dade Delegation, how does it breakdown Democrats,
Republican?
57 November 21, 1996
J'�
Senator Silvers: There are more Republicans than Democrats. I don't know the exact number.
Commissioner Plummer: In the house and senate.
Senator Silvers: Because see, when I look at the group, I look at them as a group. I don't look at
j them as a partisan basis.
Commissioner Plummer: Ah, don't give me that. Tell me the truth.
Senator Silvers: No, there are more Republics, I am sorry.
i
Commissioner Plummer: In both the house, Dade Delegation and the senate Dade Delegation?
Senator Silvers: Ah, we have seven senators. Let me do this. I think it breaks down pretty even
on the senate side...
Commissioner Plummer: Not if they're seven.
Senator Silvers: Four and three. Four Democrats and Three Republicans. On the house side
there is more Republicans than Democrats.
Commissioner Plummer: Oh, OK. All right. And who...?
Mayor Carollo: Then we can still call you chairman, so...
j Senator Silvers: Yes. You see, the good thing about this is that or the bad thing. Whatever the
case might be is, I stay in office until we do have an election. And I think that's part of the
conspiracy of the Delegation to keep me there. Because...
Commissioner Plummer: But I understand you're going to convert and become a Republican.
Senator Silvers: No, I just may just vote that way.
ICommissioner Plummer: Yes.
I
Senator Silvers: But I am still a Democrat at heart.
Commissioner Plummer: Well, as the Democrats always told the Republicans "We'll be glad to
kiss your elephant, if you'll kiss our donkey."
Senator Silvers: Thank you very much Mr. Mayor and Commissioners.
Mayor Carollo: And which great statesman in history said that, Commissioner?
Commissioner Plummer: Ah, I don't know but it was somebody.
58 November 21, 1996
----------------------------------------------------------------------------------------------------------------
12. PERSONAL APPEARANCE: JUDGE JOHN GALE AND MANUEL J.
GONZALEZ -- RECOMMEND TO INTERNATIONAL TRADE BOARD TO
USE REMAINING $90,000 TO FUND CONSULTANTS AND PROGRAMS --
FURTHER, DIRECT CITY MANAGER TO IDENTIFY APPROPRIATE
FUNDING SOURCES TO CONTINUE SAID BOARD UPON DEPLETION OF
FY '96 BUDGET -- FURTHER, ACCEPT MANAGER'S EFFORTS TO
ENHANCE BOARD'S PROPRIETARY REVENUE.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: All right we're back to item 12, the International Trade Board. Judge Gale.
The Honorable John Gale: My name is John Gale, and I am member of the Executive
Committee of the City's International Trade Board. And in addressing you, please be assured
that I am totally aware as the board is, of the tremendous pressure you're under because of the
problems facing the City. And I note that the interim Manager recommended denial of what I'm
about to talk about. And he's a good friend of mine, and a great man, and did a great job. But I
am a little curious about the fact that he did not discuss his denial with any of us on the board nor
did he investigate anything we have ever done, neither...
Commissioner Plummer: Nor the Chairman.
Judge Gale: ... the staff or the Chairman.
Commissioner Plummer: Nor the chairman. We did have last night, at six -thirty, we did discuss
it last night, for the first time.
Judge Gale: I am a little bit shocked at this, because this presentation is not about pay raises or
cost of living increases. It's about jobs and money for the City and its residents. And Mr.
Mayor, you know that when I was asked to become a member of ITB (International Trade
Board), I was told that it was pretty much in disarray, and then I was asked to do what I could to
make this board produce for the City. And truthfully, it's... I have some experience in this area.
I was reluctant to join anything in disarray, because I feel I'm too old for that. However, when I
attended the first meeting of the ITB, I can't tell you how surprised and impressed I was that it
was not only functioning, but functioning in an excellent manner, with a room full of achievers,
young, aggressive Miamians who really cared about what they were doing, giving of their free
time and serious about what they were doing with the leadership of Commissioner Plummer,
Manny Gonzalez, Jorge Caballo (phoenetic), Rafael Garcia -Toledo, and every board member. I
saw the board members, who were made up of successful professionals of Miami, devoting their
valuable time and knowledge, and even equipment, giving up equipment for no rent, for free,
free of charge, to the success of these projects. Now, we don't mind working for nothing, as
long as we receive a minimum of support from the City. And I assume that the recommendation
that was made was because they think that this board costs the City money. The International
Trade Board is actually costing the City very little, if anything, when you consider what it
produces and what it intends to produce. Now let me tell you the good news about this board.
Through reorganization, the ITB, on its own, reduced its budget requirement by 83 percent for
the year 1996. And they're willing to continue with the same reduced budget of one hundred
and fifty thousand dollars ($150,000). It's actually a soul-searching survival budget, not a
reduction. And due to the current fiscal situation here in the City, and thanks to the unusual
commitment to make the ITB board members... made by the ITB board members to continue to
contribute additional in -kind services, the ITB gave up the two hundred thousand that was
59 November 21, 1996
allocated already to its budget by this Commission to implement its marketing plan during the
current year. This is a plan that has already, and will continue to create seminars and
conferences that produce money for the City. For example, the highly successful Health
j Ministers Conference that some of you may recall, with the one hundred and fifty thousand
dollar ($150,000) budget, we have already accomplished these goals. One, the Health Ministers
Conference generated eighty-three thousand dollars ($83,000). Other funds were generated like
eighty-five hundred dollars ($8,500) in booth space from the State trade shows; three thousand
dollars ($3,000) free advertising for the City of Miami; forty-five hundred dollars ($4,500) trade
mission and AT&T sponsorship; three thousand dollars ($3,000) for the Internet Hosting and
Access. The ITB was the first City program to have a home page. And we are the first and only
economic group in Dade County, all of Dade County to have a community based Internet site
promoting Miami and international trade. All of this clearly indicates that we already exceed our
hundred and fifty thousand dollar ($150,000) budget. In addition, we have increased jobs, which
is important. We have increased foreign visitors. We have done a great job of match -making
buyers and sellers. ITB, handled over 1200 trade requests and inquiries about Miami in the past
year. In March, a large group of Italian businesses are coming to Miami to seek establishment of
satellite business sites and trade for their products. I am personally arranging for the funding of
this project. It will cost the City of Miami nothing. And hopefully, it will generate trade and
i jobs. And I am not the only one who is doing these kinds of things on this board. Mr. Wynn, I
1 hope, will arrive in time to add some significant accomplishments of the ITB, to show you how
dramatically we have impacted ITB's minority outreach. ITB has sponsored and cosponsored
events which have brought thousands of visitors to Miami. For example, the Miami International
Construction Show. Do you know today, that show and conference brings together over 12,000
visitors to Miami? ITB promotes the City internationally, which translates into additional
economic opportunity to our City and its residence. No other group does that. And if you think
cutting out... our problems internationally, you're mistaken because that's the future of this City.
Personally, I have contributed to persuading Italian investors to purchase three of Miami's
largest office buildings in the Brickell area, which were bankrupt, and now they are flourishing
very well. Although we are not funded with super dollars, as the other local trade centers in
Miami and Dade County, we get more bang for the buck. We charge no membership fee. The
minimum basic membership fee at the Greater Miami Chamber of Commerce, the World Trade
Center and the Beacon Council averages six hundred and twenty-five ($625) dollars. Why don't
i we charge a membership fee? Because we are doing our job. Because over 75 percent of the
businesses in Miami have under ten employees, and most of them can't afford a membership fee.
ITB caters specifically to the small and minority -owned firms. For example, because of ITB's
j efforts and hosting, the U.S. A./Africa Chamber of Commerce grew from 40 members to over
200 members. Sixty-eight percent of the businesses surveyed by the ITB along the Allapattah
! and Wynwood areas are involved in international trade. And most of these are under five
employees. Gentlemen, when was the last time... Let me say when was the first time you've
heard of any economic development organization trying to sell and revitalize Little Havana,
Overtown, Model City, Little Haiti, Allapattah, Wynwood and Liberty City? And lastly, on
September 12th, this Commission approved the ITB's consulting contracts. But on October
12th, curiously the City Manager terminated this agreement. As a retired judge, I question
whether the City Manager has the authority to unilaterally terminate a contract approved by the
Commission. I may be wrong, but I never saw any precedence for that. Mr. Mayor,
Commissioners from a reluctant appointee to your International Trade Board to now a proud
member, I have become so rabid for the value of this board in terms of trade and added
employment, that I beg of you in the strongest terms possible, keep this board functioning. It
will repay you and the City of Miami a hundred fold. Thank you.
Vice Mayor Gort: Thank you, sir. Anyone else?
Mr. Dwayne Wynn: Yes, sir. Good morning, Mr. Mayor...
60 November 21, 1996
r
Commissioner Plummer: Hit him hard and hit him fast.
Mr. Wynn: It will be hard and fast, Short and sweet. Commissioners, friends, all, thank you. I
am here representing the City of Miami International Trade Board.
Vice Mayor Gort: Name and address, please.
Mr. Wynn: Name is Dwayne Wynn, Afro -Caribbean Trading Group. 741 Northwest 62nd
Street, And I'm happy to be a member also of the ITB and Chair of the Minority and Emerging
Business Committee. I think it's important, and you know that trade is of integral importance to
our community. You know that it's the future of this community. And there are a few things
that we just want to remind you of, in terms our outreach. And you've heard the Judge in his
eloquent presentation talk about the need to represent all of Miami. Now, there are a number of
organizations who are responsible for promoting trade. You know that and we know that. But
they don't do it in the way that we do. They don't have as a constituent the City of Miami. They
basically are working with all of South Florida and they're working with other portions of Dade
County. We have as a target market the City of Miami. We also have as a target market what
are traditionally constituted as underserved communities. And so you will see in the export
promotion guide that we have, a specific indicator of how to do business in Allapattah, in
Wynwood, in Liberty City in Overtown. We see that as our mission and as our mandate. And
you should know, those who don't know, that you can be proud that the City's largest trade
mission which went to Haiti last year was also targeted toward minority communities. It was
extremely successful and the ramifications are clear and recurrent. You should know that we, in
an initiative with the State of Florida, through the State of Florida, Department of Commerce,
opened doors to South Africa that heretofore hadn't been opened. We now have a Sister State
relationship and are working on some great business and commercial opportunities with South
Africa, a region that is bustling and burgeoning. Through District 52 here, the Commercial
Customs District, we're doing now close to forty million ($40,000,000) dollars a year in export
activity to South Africa. We're doing close to three hundred million ($300,000,000) dollars
between imports and exports, outflows and inflows with the Nation of... the Republic of Haiti.
We have relationships that are growing as a result of the City's activity, as a result of the board
members' volunteer time, and as a result of our chairman's leadership. And what we're asking
for is a chance to move forward. We had Bob Rodriguez and some other members of our group
who were here earlier who asked for an opportunity for us to privatize, for an opportunity to go
forward. And as a result of that, some concessions had to be made. Even beyond that some
other concessions have had to be made. But what we are basically looking for is an opportunity
to survive, to represent you well, and to help our community move forward. There's some
glowing success stories and I'm going to wrap up now. There are some glowing success stories
here, in the personage, I believe, of Sharon Reid (phonetic) who may not have made it back yet,
with Cabinet, who has brought heads of state to our community. Nations, heads of state, the
head of the Caribbean community here with the Cabinet Conference. The Africa/U.S.A.
Chamber of Conference... of Commerce. I am sorry, I am going a little bit too fast. We serve as
the convening host for in the ITB conference room. Their membership has gone basically from
100 members that they started with to close to three or four hundred now. And those are people
who are interested on a national basis in doing with the continent of Africa and in South Florida.
That's the kind of attention that I think we want. That's the kind of support and the kind of help
that I think we want to give to our community. We've represented you with the President of the
United States, the Vice President, and the Secretary of Commerce. We serve on the Business
Development Council for both Haiti and South Africa. And I think we're doing some things that
you can be proud of. And we're asking for an opportunity to survive, and we need your help to
do that. Thank you for your time and attention.
Vice Mayor Gort: Thank you, sir. Anyone else? OK. What's the motion of this board?
61 November 21, 1996
Commissioner Plummer: As Chairman of the board, I think what they're looking to this
Commission - and I will vote whatever way the Commission wants - is that you agree with them
that they are serving a purpose of this City. And if you wish to give to the Manager the policy of
this Commission, the strong urging of this Commission to fund them for the coming year. I
think that's what they're looking for and... Excuse me?
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD)
Commissioner Plummer: Not to reduce the funding?
Mr. A. Quinn Jones, III, Esq. (City Manager): This year.
Unidentified Speaker: But the request was already made to the...
Commissioner Plummer: Well, but the request of one hundred and fifty thousand ($150,000)
dollars, which is what basically is office and staff. And we're down to three people. And
they've done a remarkable job with three people. I think what they're looking for, is this
Commission to say to the Manager, we feel this is a vital function of this City. It performs well,
and we want you to reinstate the funding of the one -fifty. ($150,000). That's what they're
looking for, if you agree.
Vice Mayor Gort: OK. Commissioner Hernandez.
Commissioner Hernandez: Mr. Manager, and Commissioners, and Mr. Mayor, I have firsthand
knowledge of what the International Trade Board has done for the City of Miami. I was
fortunate enough a couple of years ago to be counsel to the International Trade Board. I also
served as counsel when Commissioner Plummer was Chairman of the board. And I tend to agree
with Commissioner Plummer on the importance of this board, and the promotion that it does for
the City of Miami. I think this board has taken its share of cutbacks, more than probably any
other board that I know of in the City of Miami. And I am willing to go forward, and I don't
know if you made a motion, but it is my, at least...
Commissioner Plummer: I am not making the motion.
Commissioner Hernandez: You have not made a motion. OK.
Commissioner Plummer: I'll vote whatever way.
Mayor Carollo: Well, I will make the motion Commissioner. I have worked with the
International Trade Board and their Executive Director. I think that the job that they have done
is tremendous. Out of all of the different Executive Directors that we have in different boards, I
think Manny is probably the one that works the most and gets paid the least. So I think this is
one area that we cannot afford not to have. We need that input, and I think this is one that is
going to pay for itself in more ways than one.
Commissioner Regalado: I, too, want to praise the board, Manny's work, and all the members. I
know that all the members on that board are willing to work many hours, and they are very
enthusiastic to bring businesses to the City of Miami. So having said that, I know that Manny
will continue to do a very good job. And the only thing that I think we can add to the good work
that they are doing is maybe search within the City of Miami of possibilities of businesses that
want to deal with South Africa. For instance, one of the countries that you mentioned, I have
been in South Africa, four or five times. I know the country from top to bottom. And I know
that there are some things in South Africa that will sell very good in different stores here, and
things that we produce here that will sell in South Africa. A very prominent South African, I
62 November 21, 1996
remember about seven or eight years ago, said to me "You're going back to Miami. Look, I
need this little piece for my boat. I can't find it here in South Africa." And mind you, that was
during the so-called boycott, but the boycott, in reality, did not exist because everybody was
trading with South Africa at that time. But there were some things and some... especially on the
fishing, on the boating area that they cannot find in... that was in Capetown, a City with many
responsibilities for boating. So I just hope that you will search within the City of Miami,
because that's what we need. If we help the whole County, we help ourselves. But we need now
to serve the people at home. So if we can, Manny, you can do that. I know you can do it, so
you've got, I am sure, all the support of this Commission.
Commissioner Plummer: Mr. Mayor...
Vice Mayor Gort: There's a motion, there's a second. Under discussion. You made a motion,
right?
Commissioner Hernandez: I made the motion.
Vice Mayor Gort: It was seconded by Commissioner Plummer.
Commissioner Plummer: No, L.
Commissioner Regalado: Second.
Commissioner Plummer: OK, fine, fine.
Mayor Carollo: Well, seconded by Commissioner Regalado.
Vice Mayor Gort: Second by Commissioner Regalado.
Commissioner Plummer: Just for your edification, the ITB has moved into the new building.
And I want you to know that basically, all of the seminars that they have been so successful in
this past year, those monies have been generated by the seminars and paid for the seminars. This
is not monies that's used for promotion. This is basically for office and for staff and operations.
One of the things that they haven't blown their horn about is their tremendous involvement - and
I think I saw Angel here - about what they've done in Allapattah and all of those businesses up
there in that particular area. We've got one of the biggest Kosher chicken places in South
Florida. That's strictly related to ITB. Just some of the things that they've done. So I just want
you to know that.
Vice Mayor Gort: OK, is there any further discussion? Mr. Manager.
Mr. Edward Marquez (City Manager): Mr. Vice Mayor, Commissioners. The funding reduction
is one of the items in the strategic plan, and the funding that you're talking about here is being
provided by the general fund. Now, I can see that this mission... it is viewed by the Commission
as being worthy for funding. However, I would ask the Commission to request that this entity,
the ITB uses funds that it has on hand first, before it comes to the City's general fund coffers.
And perhaps what they have on hand can see them through July, at which time we can perhaps
fund this by the Community Development Block Grant monies going forward.
Mr. Manny Gonzalez: We currently have on hand about ninety thousand, and I...
Vice Mayor Gort: Name and address please, sir?
Mr. Gonzalez: OK. Manny Gonzalez, City of Miami International Trade Board, 444 Southwest
2nd Avenue. I presently handed Commissioner Plummer a bill that we have for the conferences
63 November 21, 1996
W
that we had in September, which adds to about twenty-six. That would leave, give or take
seventy-five thousand that we have in reserves. And I could tell you that would last us to
whatever time, but that's all we have right now.
Mayor Carollo: Well, I think what the Manager...
Mr. Gonzalez: But more...
Mayor Carollo: ...is saying is just to do that. To use that to get you until part of the year before
we can come in with the rest of the budget.
Commissioner Plummer: And then the rest would be... the hundred and fifty would kick in, and
as soon as the Community Grant money, Community Development Grant money would become
available, that's fine.
Mr. Gonzalez: OK. For the record... Yes. The reason that we're for money is not just to hold
this out to maintain the offices. Part of our marketing plan is to get money to produce more
money, so that's part of what we want to do. OK.
Mr. Marquez: Again, Mr. Vice Mayor this is... There are going to be a lot of items that come
before this Commission that are worthy in nature, and we are in a fiscal crisis. And this
represents a hundred and twenty-five, a hundred and fifty thousand ($150,000) of general fund
funding, which we were slating to cut. So if you fund this, I am going to have to cut something
else.
The Honorable John Gale: It's just a question of arithmetic. We will be in the same position in
a few months if we do that. We just want to be able to function, with a reduction we have
already accepted, and with the three people as the Commissioner has said. Plus the fact we want
you to consider that right now, no one is employed. We don't even have those three people
employed right now.
Commissioner Plummer: Well I think that without question, the motion to continue the ITB
would be instructions to the Manager to immediately sign the contracts, because without those
contracts, tomorrow morning we close the doors. Let met put on the record, Judge, that the
contract signed and immediately cancelled was so that we could get funds to pay them for the
month of October, OK? And November. Now, November is out and we're back in the same
situation and unless there is any question by the Manager of signing those contracts, I think it
should be included in the motion so that we'll at least have staff and not have to close the doors.
But I am at the will of the Commission.
Vice Mayor Gort: My understanding is, the motion is that the funds that they have in reserve
right now be utilized until they carry it, and the Manager will come up with new ideas where
funding...
Commissioner Plummer: Up to the one fifty.
Vice Mayor Gort: ... could be taken from some other sources rather than general funds. Even
the private sector... All of us are going to have a responsibility to work with the private sector
and to assure you that we'll get you the fundings so you can continue.
Commissioner Plummer: That's right.
Commissioner Regalado: So we're not approving the budget. What we're doing is, letting them
use the money that they have and then you will come up...
64 November 21, 1996
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Vice Mayor Gort: Right.
Commissioner Regalado: That's what we're doing.
Mr. Marquez: At the point in time that they are going to be running out of money we will come
back to the Commission with an appropriation from them...
Commissioner Regalado: But with...
Commissioner Plummer: Wherever, wherever.
Mr. Marquez: ...hopefully, CDBG, if not, it will be the general fund at that point in time.
Commissioner Regalado: With assurances that this Commission does want this board to go on.
Vice Mayor Gort: Right.
Mr. Marquez: And I look forward to working with the board to see if they... if we can enhance
their proprietary revenues so that they can be self-supporting at one point.
Vice Mayor Gort: You know part of the recommendation is, and I know you have gotten
together with the DDA and I am sure there are some other agencies that can work very closely
with you, like the Miami Parking System and so on. OK, is there any further discussion? Being
none, All in favor state so by saying "aye."
The Commission (Collectively): Aye.
Vice Mayor Gort: Unanimous.
The following motion was introduced by Commissioner Hernandez, who moved its adoption:
MOTION NO. 96-841
A MOTION RECOMMENDING TO THE INTERNATIONAL TRADE BOARD (ITB)
THAT THEY USE THE REMAINING BALANCE OF MONIES (IN THE AMOUNT
OF $90,000) CURRENTLY EXISTING IN THEIR FY'96 BUDGET TO FUND ITB
CONSULTANTS AND PROGRAMS: FURTHER STIPULATING THAT JUST
PRIOR TO THE DEPLETION OF SAID REMAINING BALANCE, THE CITY
MANAGER SHALL IDENTIFY THE APPROPRIATE FUNDING SOURCE (EITHER
FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING OR
WHATEVER FUNDING SOURCE IS AVAILABLE) TO CONTINUE SAID
BOARD'S OPERATION; FURTHER ACCEPTING THE CITY MANAGER'S
EFFORTS TO WORK WITH SAID BOARD IN ENHANCING ITS PROPRIETARY
REVENUE.
t.,
[A
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by
the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
13. DISCUSS / DEFER CONSIDERATION OF PLACEMENT OF DIRECTIONAL
SIGN TO ASSIST MOTORISTS IN LOCATING GROVE ISLE AND MARKS
DESTINATION ON SOUTH BAYSHORE DRIVE -- SEE LABEL 21.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: All right let's go to item 13. Ms. Lucia Dougherty. Thank you, gentlemen.
Ms. Lucia Dougherty: Good morning, Mr. Mayor, members of the Commission. My name is
Lucia Dougherty with offices at 1221 Brickell Avenue. I am here today with Maurice Weiner,
who is the general manager and owner of the property for the Grove Isle Hotel and Resorts, and
Marks Place, which is a restaurant. Some time ago, we approached the City and said we were
having problems with people literally passing Grove Isle, having to turn around in the street, go
into the neighborhoods, drive around because the signage that is there now looks like you
actually have to pass the street in order to turn to the next street. And further, there is no signage
coming down south from Bayshore Drive. So we actually asked the City if we could put up a
sign. And they said, "Well, we have control over the signs, even though it's a County street. We
have control over signs in the City of Miami, so just bring us the sign, and we'll put it up."
That's in the Public Works Department. And then it got finally to Wally Lee, and he says, "No
way am I going to let you do that. You'll have to come to the City Commission." So that's why
we're here. We did, in fact, put the sign up. And I am going to show you what it would look
like. We wanted you to see how tasteful, small and nonobstrusive this sign is.
Commissioner Plummer: That's usually from a rendering.
Ms. Dougherty: And it is a directional sign. It's not an advertising sign. It's not in the nature of
many signs you... It is in the nature of many signs I am going to show you that you already have
on your public streets. Here we have directional signs advertising Bayside, Bayfront Park,
Miami Arena, Port of Miami. We have Vizcaya, we have the University of Miami Hospital and
Clinics, and Sylvester Comprehensive Cancer Institute. Now, admittedly these are institutions
and quasi -governmental. But later on I am going to show you signs that also are private. And at
least at Mercy Hospital you've actually named the street, Mercy Way, where it turns into Mercy
Hospital. So they have a little bit of added coverage. Now that sign in Coral Gables... now
admittedly, Coral Gables is about the hardest you can get to get a sign. They have a sign
advertising our competitor, the Biltmore Hotel. And of course, we have the Chart House right
out in the City... right out in front here. And you've actually named the street, which I show
you, Chart House Drive, so folks can drive down there and know that you are going to go to the
Chart House. But in downtown, a completely private entity, Chopin Plaza. You drive
66 November 21, 1996
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downtown, there are two signs advertising - or, not advertising, excuse me - showing direction
for Chopin Plaza, a totally independent, nonquasi-governmental, noninstitutional and private
entity.
Commissioner Plummer: Wait, what is Chopin Plaza? I thought it was just...
Vice Mayor Gort: A street.
Mr. Waldemar E. Lee (Assistant City Manager): It's a street.
i
Commissioner Plummer: ... a physical piece of property. It's a street.
i
Mayor Carollo: A street.
Ms. Dougherty: It's a street. And we have...
Commissioner Plummer: Is there a deco... Is there a...
Commissioner Regalado: No, it's where the hotel is.
Ms. Dougherty: No, Chopin Plaza is not a street. It's the hotel, it's the Intercontinental Hotel
( and... Intercontinental Hotel and Office building.
Commissioner Regalado: That's what you have right in front the hotel.
l
Commissioner Plummer: I understand, but what is the business of Chopin Plaza?
Ms. Dougherty: It is a office building.
Commissioner Plummer: I thought that was Miami Center.
Vice Mayor Gort: Right, Chopin Plaza...
Ms. Dougherty: It's the whole office building complex. We have Brickell Key and Claughton
Island signs. But the truth is, if we wanted to actually advertise, all we have to do is go get a bus
bench and put an advertising on it, just like Hooters does. But that's not what we want to do.
We are really trying to make it so that the citizens don't have to drive past, turn around in the
street, go into your neighborhoods in order to find the location of this facility which is...
Commissioner Plummer: How do you propose different than what is out there today for Chart
House?
Ms. Dougherty: We just want a little tiny sign that's this big. It's the first sign. That's all we're
asking for, not an advertising sign, simply a directional sign. We've sent you...
Commissioner Plummer: Well, Chart House is private, it's for profit.
Vice Mayor Gort: It's on City property.
Commissioner Plummer: That's already there.
Vice Mayor Gort: That's what they want to keep there.
Commissioner Hernandez: May I ask a question?
67 November 21, 1996
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Mayor Carollo: Sure, go ahead Commissioner. You could ask a question.
Commissioner Hernandez: Lucia.
Ms. Dougherty: Yes, sir.
Commissioner Hernandez: Is there any way that sign can be placed on private property right
over the Grove Isle sign, where the landscaping is at?
Ms. Dougherty: I don't think people can see it from... coming in the other direction. That's the
problem. That's the problem with the existing sign. Yes, we could put it there. Dade County
Public Works, by the way, called us yesterday. They said, "We don't want you to put that sign
on our signal pole. We don't care where you put it, if the City of Miami gives you permission.
Put it on your own separate pole. Don't put it on ours. So we took it down, it's not there right
now and we're willing to put it back up, if you give us permission to do so.
Mr. Lee: Mayor.
Commissioner Plummer: Much to do about nothing.
Mayor Carollo: I agree.
Commissioner Plummer: I don't understand this. I mean, we're talking about a little sign here.
Mr. Lee: Mayor, Commissioners, Wally Lee. OK.
Mayor Carollo: Go ahead Wally...
Commissioner Plummer: Wally, we can't afford the pole or what?
Mayor Carollo: Go ahead Mr. Lee, I want to hear this one.
Mr. Lee: In my opinion, you know, based on Sections 54-8, and 54-9 of the Code, these are
prohibited. What I see happening here...
Commissioner Plummer: Do we have the right to waive?
Mr. Lee: ... exceptions and... You know, that's your prerogative. But I can see then...
Commissioner Plummer: I move that we waive the provisions... What? I can't?
Mr. Lee: How are we going to deny any restaurant from here on in or any commercial venture
putting a sign, you know, out in the public right-of-way?
Commissioner Plummer: We've got to change the ordinance. This is crazy.
Ms. Dougherty: We were just asking you for a permit to put a sign up, that's all.
Commissioner Plummer: Hey, if that's what the lawyer says...
Mayor Carollo: Hold on, hold on.
Ms. Dougherty: We're not asking for, you know, a waiver. We're just asking for a permit to put
it up on private... public property.
68 November 21, 1996
Mayor Carollo: Let me have the NET (Neighborhood Enhancement Team) Administrator help
Mr. Lee out.
Ms. Ellie Haydock: I received some complaints about the sign from some residents, and the
Coconut Grove Civic Club and the Village Council have concerns too. Anything on South
Bayshore Drive must go before the HEP (Historic and Environmental Preservation) Board. Plus
this ordinance prohibits it. And I checked with Dade County Public Works, and they said that
they would not have allowed this, and actually, this is tampering with public property, and they
want to go take it down. So.. And if you do feel inclined to allow this, the Civic Club and the
Village Council would like to speak on this issue later today.
Ms. Dougherty: I would like just to put on the record that the Dade County Public Works
Department said, "We don't want you to put it on our signal." We took it off the signal. They
say, "If the City of Miami grants you permission, we're happy to let you put it up."
Commissioner Plummer: You know what's so foolish? I mean you look all over this town, and
there's signs for the dog track, they're profit -making. There's signs for the horse tracks, and it's
a means of identification so people don't get lost. I mean, I don't understand that.
Ms. Dougherty: And let me just say this to you. If it ever becomes a real problem to you, we'll
take it down just like it's down right now.
Commissioner Regalado: Lucia, but you can't put it on the pole, on the Dade County pole at all.
Ms. Dougherty: No, we have to put our own pole up.
Commissioner Regalado: OK.
A. Quinn Jones, III, Esq. (City Attorney): Commissioner, as long as it's in the public right-of-
way, you have a Code section that prohibits it. So I want to make it clear that what you're
talking about placing is in the public right-of-way. There can be no waiver. The only way that
could be effectuated is that a majority of this Commission decided to amend this particular
section to allow for it.
Ms. Dougherty: Excuse me, that's an advertising sign. It's not a directional sign.
Mr. Jones: It says placing signs, any signs, in the public right-of-way.
Ms. Dougherty: It does... For advertising purposes only?
Ms. Jones: No, no. It doesn't mention advertising.
Mr. Lee: No.
Mr. Jones: Fifty-four dash nine.
Ms. Dougherty: Excuse me. "It shall be unlawful to stencil right, paint erect or place
advertising signs." This is not an advertising sign.
Commissioner Plummer: It's not?
Mr. Jones: What does Mark say?
29
November 21, 1996
3
Mr. Lee: Mr. Mayor.
Commissioner Plummer: I move that this matter be deferred and that Ms. Dougherty get in
touch with the Public Works, the City Attorney, and I think the expression of this Commission
is, we want to do it. OK? We would like to see if there is a way it can be done without going
through the arduous process of changing ordinances and all of that. And I so move that it be
deferred, which ceases conversation.
Mayor Carollo: There's a motion. Is there a second?
Commissioner Regalado: Second.
Mayor Carollo: Second by Commissioner Regalado. You know, Lucia, I do tend to agree with
you, based on the Code. You know...
Ms. Dougherty: Could we have it back on the December agenda as a regularly scheduled item?
Commissioner Plummer: Sure.
Mayor Carollo: Let's put it on, and I hope that everybody could meet before then.
Ms. Dougherty: Thank you very much.
Commissioner Plummer: Merry Christmas.
Mayor Carollo: You know, you're looking at a major project in Grove Isle that we have here.
One small sign that is a directional sign, I mean this is getting ridiculous, you know the things
that we are discussing and fighting over in here. But anyway, all in favor signify...
Vice Mayor Gort: Mr. Mayor.
Mayor Carollo: ... by saying "aye."
The Commission (Collectively): Aye.
Vice Mayor Gort: Aye, but under discussion, because it's passed already. But I think the
Manager should look at it, how it is done, so no one else can come and we don't set up a
precedent with anyone that has a club or restaurant wanting to put signs in the public right-of-
way. I think we should be very specific in the criteria.
70 November 21, 1996
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 96-842
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 12 TO DECEMBER
12, 1996 (PROPOSED PLACEMENT OF A DIRECTIONAL SIGN TO ASSIST
MOTORISTS IN LOCATING GROVE ISLE AND MARKS DESIGNATION ALONG
SOUTH BAYSHORE DRIVE); FURTHER DIRECTING THE CITY MANAGER TO
INSTRUCT THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS, MR.
WALLY LEE, TO MEET WITH MS. DOUGHERTY, ATTORNEY FOR THE
REQUESTING PARTY, ALONG WITH THE CITY ATTORNEY, MR. A QUINN
JONES, III, TO SEE IF SAID DIRECTIONAL SIGN CAN BE PLACED AT THE
REQUESTED LOCATION.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by
the following vote:
i
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
I
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
14. PERSONAL APPEARANCE: TONY MOLINA -- REGARDING LEASE
AGREEMENT FOR USE OF SPACE AT 650 CURTISS PARKWAY (MIAMI
SPRINGS GOLF COURSE).-- WAIVE CONSUMER PRICE INDEX
INCREASE (CIP) IN LEASE PAYMENT SUBJECT TO IMPROVEMENTS TO
BE MADE BY TONY MOLINA, INC. TO PROPERTY-- SEE LABEL 17.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: All right, let's move on. Items 14 and 15 have been withdrawn.
Commissioner Plummer: Sixteen.
Mayor Carollo: Item 16. Mr. Molina.
Mr. Tony Molina: Honorable Mayor, City of Miami and members of the City Commission and
the City Manager, Edward Marquez. My name is Tony Molina and I have been the
concessionaire to the City of Miami Country Club in Miami Springs for the last 25 years. I am
very grateful to the City of Miami for giving me the opportunity of serving many private j
citizens, golfers and also persons who have attended to many social functions that are held in the
Club like weddings and different affairs. As a sign of our flourishing business, in 1977 we
converted the old ladies locker room into a second banquet room called the Cavalier room. At a
cost of twenty-five thousand ($25,000) dollars we remodeled it. This was an abandoned area
and building which was not used for anything. It was just there creating problems and it was...
OK, and next to that was a patio. It was an empty, completely empty area and we fixed it into a
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71 November 21, 1996
garden room with a gazebo in the middle to perform wedding ceremonies which was very nice
and people would like to take pictures some of the time. Even if you didn't have the wedding
there, the bride and groom would always go there and take pictures. Nineteen eighty-six we
added another banquet room, the Dynasty room, by redoing the men's locker room, which was
always closed for anything, it was not used anymore, at the cost of seventy-five thousand
($75,000) dollars. This was years of property and revenues that we paid to the City of Miami
and reflected and increased every years. I was very proud of what we were doing there because
every year, anytime I paid the City, I added more and more and this was... to me, it was very
enjoyable because that's what I wanted. Everything was fine until 1990 when the City started to
neglect the building and the golf course. As a result of the leaks on the roof, pieces of the ceiling
and the wall started to come down. The electric wiring was damaged. And in many ways this
was started in the Dynasty room which was a brand new room. A brand new breaker was there
and the water was running right into it. I called the City, it was an emergency, nobody came. I
fixed it. I have parties, I had to go ahead and do it. Due to this situation, our bookings and our
affairs had really started to decline and the revenues paid to the City during this period at the
same time. As far as the golf course, it's still in need of a lot of work. You have a City
employee there that works very hard. He's doing a lot of good work there. If it weren't for him,
I don't know what will happen. This man is really hard working. His name is Mike Reggio and
he's doing a fine job. But he needs more equipment. He doesn't (phoenetic) have enough
equipment to upkeep the premises. Also, two weeks ago we were without... No, put it this way,
we were without carts, golf carts for three weeks. Everybody has to walk and it's a big place and
people were coming back very tired complaining that why they have to do that? Then they
brought in 50 supposedly...
Mayor Carollo: Excuse me. Excuse me, Tony why didn't we have golf carts there for three
weeks, do you know?
Mr. Molina: I have no idea. There was supposed to be some kind of arrangement with the City
and the carts that was there, they were bringing in. There was... they just took them away.
Mayor Carollo: How many golf carts do we have there?
Mr. Molina: We had almost, more than 75.
Mayor Carollo: More than 75.
Mr. Molina: Because that's what you require to have a tournament. You cannot have a
tournament unless you have 75 carts. That's what...
Mayor Carollo: Yeah. And we had none that was there or operating?
Mr. Molina: There was none, none. The only one on the site was a cart that I already acquired
myself for the golfers to go and give them refreshments. I am sorry, I did it before I asked the
City Commission to do it. I have to go and use it. I never used it before but those people were
thirsty and they were really... I just go ahead and give them water and give them other things
because I was afraid they were going to dehydrate in the middle of the golf course. Also...
Commissioner Hernandez: Tony, wasn't the reason... I was under the impression that the reason
that the golf carts were not there, was because the vendor took the golf carts away because the
City failed to pay them. Is that...?
Mr. Molina: It's something like that but I don't know exactly. I can't say anything like that.
That's what I heard, it's just rumors. I don't know.
72 November 21, 1996
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` Commissioner Hernandez: Is it a rumor, or is it true?
Mr. Molina: I don't know. I don't have nothing to do with that part.
Commissioner Plummer: Well ask...
Mr. Waldemar E. Lee (Assistant City Manager): Mayor, Commissioners, that is an incorrect
statement. The reason those golf carts were taken away, the new contract was bid and the
contract was aborted by the Commission to continue supplying the golf carts. However, during
the legal review, it was found that the bid accepted was nonresponsive. At that time, we started
renegotiating, trying to get them on a temporary basis so we could put the whole package out to
bid. And yes, for a two week period there were no golf carts because of the issues where the guy
who was leasing us said "well, I probably won't bid it." And he just took his carts and went
home. So we've been operating on a temporary basis. I explained it fully and I'd be glad to
send you a copy of this memo which I wrote to Mr. Stierheim, and it explains everything in
detail step by step. But the carts are there operating on a temporary basis. Right now there are
50 carts.
Mr. Molina: Well, I don't think so. They were, I am sorry but I have to tell you. They were
supposed to bring 50 carts. OK, they only brought in 49 and out of the 49, one was not working
at all. The rest they were supposed to be working. One of those carts is so old that it is
dangerous for anybody to drive. It only had three wheels. I mean, actually it can keel over and
nobody wants to use it. When you use 18 of those carts half of the course, they have to come
back because there's no battery. The people only can play nine holes. This is an 18 hole. They
have to come back, they have to get another cart, they have to be recharged. They want their
money back sometimes. So that's what's happening. So...
Commissioner Plummer: Tony...
Mayor Carollo: Are you aware, excuse me, Commissioner. Are you aware of any of the
problems that he's describing?
Mr. Lee: No, I am not sir because this temporary agreement that we have with the suppliers of
the carts right now requires him to perform full maintenance. And 1 will be glad, tomorrow
morning at first... Whenever we can get together, tomorrow sometime. Go visit with you and I'll
personally inspect those carts, Mr. Molina...
Mr. Molina: I'll love to see...
Mr. Lee: ... because this is the first I have heard of this. And believe me, and I will take action
if everything you are stating... OK.
Mr. Molina: That is wonderful because there are a lot of complaints. I... When the people come
back to the Club House, I have to listen to everyone.
Commissioner Plummer: This is why we need four meetings. We don't need four meetings.
Mr. Molina: And I don't want the City of Miami being in this position right now, believe me.
Mr. Lee: Mr. Molina, I'll be glad to set up an appointment with you tomorrow...
Mr. Molina: Thank you, sir.
Mr. Lee: ...and I'll go look at them personally.
Mr. Molina: Thank you, sir.
Commissioner Plummer: Mr. Mayor, if I may?
Mayor Carollo: I am relieved to hear that. Thank you.
Mr. Molina: One of the other things is that...
Commissioner Plummer: Wait a minute. Tony, let's cut... You know, this is one of the reasons
we're talking about going to four meetings. We're just rambling on and on and on. Tell the
Commission what you're here for. You're here for to get a waiver of your fees...
Mr. Molina: Right.
Commissioner Plummer: ... in return to spend "X" number of dollars in fixing the place up.
Now, that's what we need to talk to.
Mr. Molina: Right. I wanted to, that's what I am coming to right now. It's only a couple of
lines.
Commissioner Plummer: Well, it's taking you 15 minutes to get there.
Mayor Carollo: Well, I'm sorry you got Mr. lee upset again.
Mr. Molina: Yeah, because I think it was very important to mention this about the carts
because.... I would like to be able to paint the exterior. The paint is coming down. It was
painted two years ago and it looks awful, and that's the main thing. When anybody comes to
book an affair by there they turn right around and they leave. They don't even go inside. And if
they go there, it is because of my service from prior years. That's why I keep getting people
there. That's the only reason.
Vice Mayor Gort: I would like to hear from staff.
Mr. Molina: I don't mind to do that and also there is a broken pipe coming down from the drain
that it looks awful. The roof is leaking again and it has to be fixed. I can fix it. I can do all
these things for the City. I always did it before and when this happened many, many times
before.
Commissioner Regalado: Before we go, on can I bring Eduardo to ask you about the project that
we believe is going to be built right next to the golf course? Is it a sleep -in hotel, is it?
Mr. Eduardo Rodriguez (Director, Asset Management): Yeah. It's going to happen, sir. You
know, it's going to be a project in the southeast portion of the... It's a private project. You know
there's an old building there that it would be demolished and there would be another inn
constructed there, that's correct.
Commissioner Plummer: Where is this?
Commissioner Regalado: Would that in any way...?
Mr. Rodriguez: In the southeast portion of the golf course, yes.
Commissioner Regalado: Yeah.
74 November 21, 1996
In
Commissioner Plummer: Of the golf course?
Mr. Rodriguez: Yes. Miami Springs, right.
Commissioner Regalado: No, it's not right next to the golf course.
Commissioner Plummer: Is that we own the property?
Mr. Rodriguez: No, sir. It's a private...
Mr. Molina: No, no. It's right next to the golf course.
Commissioner Hernandez: Where the Miami Spring Village was.
Commissioner Regalado: Next door. But would that you think, will change in a way, do we
need to do another appraisal because of that new...?
Mr. Rodriguez: In my opinion that is going to add value to the golf course, no question about it.
It is going to be an improvement, a physical improvement in the area. So you are going to have
people that will like to use that golf course. So it would be more demand for the place. So, yes.
The answer is yes, sir.
Mr. Molina: That is something that will improve, and not only that, there will be a lot of people
playing golf there, more people. There is no restaurant in it. There will be no restaurants. They
will have to use the facilities of the golf course.
Mayor Carollo: What is the will of the Commission? We need to move on.
Mr. Molina: OK, what I will to see if...
Vice Mayor Gort: I would like to hear from staff.
Commissioner Plummer: Willy, it's here. It's to deny.
Vice -Mayor Gort: I know it's here, but I wanted staff to put it on the record.
Mr. Rodriguez: Mr. Mayor, Commissioners, I've put in writing for the Manager's signature my
recommendations on the issues that was presented to us. Basically, we are recommending that
we keep the basic fee at twenty thousand ($20,000) a year, or 12 percent, whichever is greater.
That's the lease... The agreement that we have is 12 percent. In other words, if the sales of
Tony Molina increase, we are going to be benefiting, because we have the 12 percent. What he's
trying to avoid is the increase that we have to do by CPA escalation to thirty-three thousand two
hundred and thirty-three ($33,233). My opinion is, that we will be 14.7 percent of last year's
sales. He cannot support that. A restaurant, that's a very high percentage for a restaurant
operation. So my recommendation is to keep it at the level that we have at this point until the
City Commission and the administration make a decision, you know, for selling the golf course
or for keeping it. You know, we need that decision and, basically, regarding the second one.
Using this rent money for the replacement of the carpet in the common area, I recommend
against that until we make that decision which will hold. Don't spend money on an asset that we
are going to sell very soon. That's my recommendation. On the third one, that is, he'd like to
sell refreshments to the users of the golf course, I don't see why not because we are going to get
benefits off that sale. We are going to get 12 percent of that. So that's my recommendation sir.
75 November 21, 1996
Mr. Molina: And also, I'd like to present also that I have been getting a reduction for four
hundred and fifty ($450) to clean the bathroom, keep the common area. I have to shampoo it, I
have to do everything and it's only a month. It costs me more than that. It cost me to do that
and have a person during the weddings constantly cleaning those bathrooms, making sure that
they're not wet, nobody will fall. And that is actually about eight hundred ($800) dollars, my
cost. But for four hundred and fifty ($450) dollars, like it has been deducted up to now, I will do
it also.
Mayor Carollo: OK, let's bring this to a head.
Commissioner Plummer: You want a motion?
Mayor Carollo: I want a motion.
Commissioner Plummer: I move at this particular time that we give him a waiver of the increase
of CPI (Consumer Price Index) for a period of three years predicating him spending two hundred
and fifty thousand ($250,000) dollars improvements to the facility.
Vice Mayor Gort: Second.
Mayor Carollo: There is a motion. There is a second. Any further discussion?
Commissioner Hernandez: I have a discussion Mr. Mayor.
Mayor Carollo: Go ahead.
Commissioner Hernandez: What I am worried about is what Mr. Rodriguez is worried about. I
agree that this has been a money making venture for the City of Miami and Mr. Molina has done
a great job. The problem is, are we going to sell this piece of property or not, before he starts
making an investment and both the City loses money and he loses money?
Commissioner Hernandez: We should make a decision what we are going to do with City
property.
Mayor Carollo: That's a very valid point. Before he makes any substantial amounts of
improvements in there.
Commissioner Plummer: Well, he does it at his own risk, Joe.
Mayor Carollo: Yeah, but that's the point that I was going to be making. That that is something
he understands will be at his own risk.
Commissioner Hernandez: The problem is the credit that we are giving him and he's investing,
we are losing on that money because we are giving him a credit and then after all we are going to
sell this piece of property.
Commissioner Plummer: Well, but then whoever buys the property which would probably be
the City of Miami Springs, would have to buy out the rest of his lease. That's all.
Mayor Carollo: No. No, sir. Not necessarily will be the City of Miami Springs.
Commissioner Hernandez: No, no...
Commissioner Plummer: I said, whoever it is.
76 November 21, 1996
Mr. Rodriguez: If I can clarity, he's on a month to month tenant.
Vice Mayor Gort: Yeah.
Mr. Rodriguez: So, it's not a lease.
Vice Mayor Gort: My understanding is, he is aware of all the situation. There might be a sale,
that might take place and I think he is aware of it.
Mr. Molina: Yes, I understand that because I have been there 25 years and a lot of buyers go
there and check it out. And I want stay there, maybe. I don't know. And I want to help the City
of Miami. They need me right now. I want to make money but the only way I can make money
is if I show something to sell. Right now, they turn right around and turn right back. They don't
come back and I know everyone here has been there and they know what kind of business I do in
there. Something that I am proud of myself and have made the City of Miami proud of me. I am
sure of that.
Mayor Carollo: Any further discussion? Hearing none, call the roll Mr. Clerk.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 96-843
j A MOTION TO WAIVE PROVISION IN LEASE AGREEMENT BETWEEN THE
CITY OF MIAMI AND TONY MOLINA (DATED SEPTEMBER 29, 1977, FOR USE
OF SPACE AT 650 CURTIS PARKWAY, MIAMI SPRINGS GOLF COURSE)
WHICH CALLS FOR INCREASE IN THE LEASE PAYMENT CONSISTENT WITH
ANY INCREASE IN THE CONSUMER PRICE INDEX, SUBJECT TO ANY
IMPROVEMENTS MADE BY LEASOR TO SAID PROPERTY.
Upon being seconded by Vice Mayor Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT:
None.
VIA
November 21, 1996
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15. DISCUSS / DEFER TO NEXT AGENDA PROPOSAL AUTHORIZING
MANAGER TO 1) EXECUTE AMENDMENTS, TO CERTAIN EASEMENTS
GRANTED TO METROPOLITAN DADE COUNTY AND 2) ACCEPT
AMENDMENTS, TO ACCESS AGREEMENT AND EASEMENT GRANTED
TO THE CITY OF MIAMI, PURSUANT TO RESOLUTION 95-419 FOR
LAND ON VIRGINIA KEY.
Mayor Carollo: The last item that we're going to take before we break for lunch will be item 26.
Commissioner Plummer: Twenty-six.
Mayor Carollo: That's correct.
i Unidentified Speaker: Mr. Mayor.
i
Mayor Carollo: We are going to jump to 26, because we have someone here from Dade County,
it's my understanding.
Vice Mayor Gort: Mr. Mayor.
Mayor Carollo: Yes, Vice Mayor.
Vice Mayor Gort: Also, there is an Interlocal Agreement that we have been working quite a bit
with the City of West Miami, Coral Gables and Dade County. And the Chief of Police, Patrick
Kiel from West Miami is here. I'd like to take this as a pocket item afterwards. It's very short.
Mayor Carollo: Well, we could take that right afterwards and those will be the last two items we
take before lunch.
Vice Mayor Gort: Thank you, sir.
Commissioner Plummer: Ah, Mister. Tony, you're going to kill me, all right.
Mr. Tony Clemente: No, sir.
Commissioner Plummer: Mr. Mayor I move that this matter be deferred. Now, I am going to
tell you why, OK. My colleagues remember Monday night. We are still waiting for the County
to sign an Interlocal Agreement that they have procrastinated on for four years. We said we're
going to get just as tough with the County as they are with us. And I would like to see this
deferred until they do what they need to do. I mean, Tony I love you dearly, you do a good
service but the rest of the County is trying to jam it down this City's throat. They have refused
to sign the Interlocal Agreement for the CRA and as far as I am concerned, I've got to deal with
them as they deal with me. And your are part of them. Now, are you really hurting for this?
Mr. Clemente: Commissioner, this project is truly in the City's interest. We're talking about
granting an easement which benefits the City in a sense that we're replacing existing sewage off
our line. I think you know, if you can accomplish...
Commissioner Plummer: Do you think if I defer it, you are going to go down there and tell those
people you better sign that Interlocal Agreement, because you're bad guys that got me deferred?
78 November 21, 1996
Li
"ate
Mr. Clemente: Well, sir I think they heard that already...
Commissioner Plummer: No, I don't think they have.
Mr. Clemente: Well, I think they will regardless if you defer this or not defer it. I think that
message will go back and I think, you know...
Commissioner Plummer: OK. Tony I've made my point.
Mr. Clemente: ... some good will come... Yes, sir you have. And I think this project goes in our
mutual interest and I think, you know I will be more than willing to take that message back with
the... since it is a matter of "good faith" the easement was approved.
Commissioner Plummer: We've sent that message a dozen times.
Vice Mayor Gort: Mr. Mayor, also Monday we made the statement that setting up... Herb
Bailey is setting up a meeting with Dade County Chief of... Chairman of the Finance
Committee. This is the committee that oversees this contract. So hopefully we will be able to do
that when... this coming week.
Commissioner Plummer: I hope that will give you some clout.
Vice Mayor Gort: And I think they got the message.
Mayor Carollo: Mr. Manager.
Mr. Edward Marquez: Mr. Mayor, this represents one hundred and fifty thousand ($150,000) to
the City. We are not giving much up in this regard and I will follow up with the County directly
and carry forward the message that I am hearing about the CRA Interlocal Agreement.
Mayor Carollo: Well, this is what I see about this particular item. It will bring one hundred and
fifty thousand ($150,000) dollars to us. And we're not, you know we're not giving anything up.
On the contrary, it is going to benefit us because of the flow of the traffic. I have been in
Virginia Key as late as about a week and a half ago, and I saw what they're trying to do there
so...
Commissioner Plummer: Mr. Mayor, I made my point. I'm just saying that Willy is going to
meet with the County and I wanted to give Willy some clout to meet with the County, a
bargaining tool. Mr. Marquez was with the former enemy and he was part of the scenario of
keeping us from getting... just like the Interlocal Agreement on the port. That's not been signed
either. We've agreed to it, they are still sitting over there...
Mayor Carollo: No, no. Commissioner, Commissioner please.
Commissioner Plummer: Mr. Mayor. OK.
Mayor Carollo: Don't...
Commissioner Plummer: All right. All I'm...
Mayor Carollo: ... get into an area that you are going to step on it. We have not agreed to
anything. We have not signed anything.
79 November 21, 1996
Commissioner Plummer: Excuse me. Mr. Mayor, the agreement has not been signed.
Mayor Carollo: That's correct. It has not been signed.
Commissioner Plummer: OK. I have heard time after time after time with the CRA they were
going to sign the Interlocal Agreement, all right. Now, I don't want to go back up there and face
those people in the Omni area, where we had a chance to say "we're going to play hard ball like
the County is" and have them to say to us "you guys gave in."
Mayor Carollo: Look, let's put this item on the agenda for the next meeting. Tony I apologize
that... I apologize that we're going through this. We are going to put it for the next agenda,
defer it for the next agenda. I'd like to meet with you to make sure that we could ease any other
concerns. We'll bring it up and discuss with you some other properties that I know you have an
interest on.
! Mr. Clemente: Yes, sir. We'll be back.
Commissioner Plummer: And as soon as they cooperate, I'll vote for you sir.
Mr. Clemente: Well. I appreciate that. So it's my understanding that this item will be deferred
to the next regular commission meeting.
Mayor Carollo: Yeah, we'll defer it to the next meeting.
Mr. Clemente: Thank you very much.
Mayor Carollo: And all that it is, is deferred.
Mr. Clemente: I understand.
Mayor Carollo: So, keep the check ready.
Mr. Clemente: We'll keep the flow going.
Commissioner Plummer: Yeah, don't...
Mayor Carollo: Yeah, and have an additional one ready for the things that we're going to talk
about.
Mr. Clemente: OK.
Commissioner Plummer: Well, I am not sure one hundred and fifty thousand ($150,000) is
enough but, it's a starter.
Mr. Clemente: All right.
Mayor Carollo: Again, thank you for your patience and I apologize.
80 November 21, 1996
En
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-- -------------------------------------------------------------------------------------------------------------
16. APPROVE MUTUAL AID AGREEMENT BETWEEN CITY / COUNTY /
CORAL GABLES / WEST MIAMI FOR POLICE SERVICES.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: OK, last but not least. Vice Mayor, you have one last item?
Vice Mayor Gort: Yes, we have a... I would like to bring this as a pocket item. This is the
meeting in the mutual aid agreement between the City of Miami and the City of West Miami; the
City of Miami and the City of Coral Gables; the City of Miami and Metropolitan Dade County.
As you are aware this is an area where we all three cross -jurisdiction. And this agreement will
give an opportunity for our police officers and their police offices to work with each other and
make it a lot easier in that area. Here also the Chief of West Miami, Patrick Kiel is here.
Welcome, Chief.
Mr. Patrick Kiel: Thank you.
Vice Mayor Gort: And you all have this pocket item?
Mayor Carollo: Yes, we do.
Vice Mayor Gort: OK.
Mayor Carollo: Would you like to make a motion?
Vice Mayor Gort: I'd like to move it.
Mayor Carollo: It's moved by Commissioner Gort.
Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Hernandez.
Commissioner Plummer: The only question I have is, give me an example if we send our
policemen to another jurisdiction. And God forbid it happens that he gets injured. Who pays?
Chief Raymond Martinez: We do, under a mutual aid pact.
Commissioner Plummer: In other words, we would have to pay Workmens' Compensation, all
injuries, if we send our people somewhere else?
Chief Martinez: Yes.
Mayor Carollo: The same way that if they send any to us, and they get hurt, they will have to
pay for it.
Chief Martinez: J. L. but...
Vice Mayor Gort: Excuse me, for the information of the Commissioners and the public, why
don't you explain what the program is all about. Especially when we are chasing criminals and
have cross jurisdiction.
81 November 21, 1996
r
Chief Martinez: Yeah, Mr. Mayor, Mr. Commissioners. We have been getting complaints from
the southwest 8th Street merchants that an officer responds and the officer says that's across the
street, that's West Miami; that's across the street, it is Coral Gables, and so on and so forth.
This gives the City of Miami West Miami and Coral Gables one hundred feet jurisdiction north
and south for those crimes, so we can no longer point to the other side of the street and say
because somebody was painting graffiti on the wall and they cross the street or there is a
prostitute doing something on one side of the street, we can still go ahead and do an
enforcement, effect enforcement on both sides of the street.
Commissioner Plummer: I am only concerned about the welfare of my policemen who could get
injured. That's what I am concerned about, OK.
Chief Martinez: Mr. Commissioner under the mutual aid pact they are covered both ways sir.
Commissioner Plummer: OK. My only concern other than that is, you can't handle what you've
got now, how are you going to help somebody else out?
Vice Mayor Gort: J.L., my understanding is this is someone that commits a crime and they go
across the street and then they can't be picked up.
Commissioner Plummer: If I'm not mistaken, Mr. Gort, chasing a felon you can chase him to
kingdom come and Hong Kong without any question whatsoever.
Mr. Kiel: Let me bring one point up on this. Part of it is basically on site observation. Because
we patrol both sides of the roadway. If we see a violation at that time, and we can act upon it to
prevent a greater crime, then we can take the action legally under the law on your side of the
street as well as well as the City on our side. And basically what we're trying to do is reduce the
crime activity in that immediate area because we would have to call a City of Miami unit to
respond and by that time we may lose what we have.
I
Commissioner Plummer: Chief, I have no problem. The only problem that I have is, is the fact
- that today in my City, we are experiencing sometimes three to five hours delay on dispatching.
Capt. Joseph Longueira (Dep. Commander, Police Support Srvcs.): Commissioner, I think that
i what's going to happen is, we are going to end...
Commissioner Plummer: Am I right or am I wrong?
Capt. Longueira: Yes, sir. On nonpriority, lower priority calls, you're correct. But what's going
to happen. You're worried about the other direction. Really we're the ones that's going to
benefit. We've got the heavy work load. They don't have as heavy a work load. It's going to
enable their officers to help us as much as we can help them. We are going to benefit.
Commissioner Plummer: I made my point.
Mr. Manuel Gonzalez-Goenaga: May I?
rr Commissioner Plummer: Oh, oh.
Mr. Gonzalez-Goenaga: Clarification.
Mayor Carollo: Two minutes.
82 November 21,1996
f
Mr. Gonzalez-Goenaga: Chief from West Miami. I as a citizen of Miami who are... the priority
of this police department of the City of Miami has been to harass and to intimidate honest
citizens. You can have all the police that you want. We don't need them in the City of Miami.
Especially, with the high salaries that they pay. And further more, we need to start from the top
down in the police department. I always go to the highest position down. There is something
terribly wrong and I wish before I go to Puerto Rico and I would not be arrested by Cotera and
his gang of thugs. Oh, yes...
Mayor Carollo: Hold on, hold on. Manny, Manny, Manny. Let's stick to the issue and let's not
get in...
Mr. Gonzalez-Goenaga: I'll love to have the privilege of addressing the Commission because I
will be away for two months...
Mayor Carollo: Well.
Mr. Gonzalez-Goenaga: ... this afternoon. Thank you.
Mayor Carollo: OK, can we have a motion to...?
Vice Mayor Gort: I moved it and it was second.
Commissioner Hernandez: Second.
Mayor Carollo: Moved by Commissioner Gort, second by Commissioner Hernandez. All in
favor, signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Mayor Gort, who moved its adoption:
RESOLUTION NO. 96-844
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE
EXISTING MUTUAL AID AGREEMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, ON BEHALF OF THE CITY OF MIAMI WITH THE LAW
ENFORCEMENT AGENCIES OF METROPOLITAN DADE COUNTY, WEST
MIAMI AND CORAL GABLES, FOR THE PURPOSE OF IMPLEMENTING CROSS -
JURISDICTION AMONG THE PARTICIPATING GOVERNMENTAL AGENCIES
ALONG SHARED JURISDICTIONAL BOUNDARIES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
83 November 21, 1996
n:7-ft�
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mayor Carollo: At two thirty we will adjourn again.
At this point, the City Commission went into recess at 12:11 p.m.
and reconvened at 2:41 p.m., with all members of the City
Commission, except Mayor Carollo, Commissioner Hernandez
and Commissioner Regalado found to be present.
----------------------------------------------------------------------------------------------------------------
17. (A) RECONSIDER VOTE TAKEN ON AG16, (96-843),-- LEASE
AGREEMENT WITH TONY MOLINA, INC. FOR USE OF SPACE
AT 650 CURTISS PARKWAY-MIAMI SPRINGS GOLF COURSE.
(B) GRANT LEASOR (MOLINA) THREE YEAR WAIVER OF
CONSUMER PRICE INDEX INCREASE PREDICATED UPON
REPAIRS TO BE MADE BY MOLINA TO BUILDING-- SEE LABEL
14.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: In reference to the Miami Springs Golf Course.
Mr. Eduardo Rodriguez (Director, Asset Management): OK.
Commissioner Plummer: All right. And I don't want to penalize this man whose has done a
good job and tried his damndest to make a living. So I am going to ask that you go back... My
understanding was, he was going to spend like a quarter of million ($250,000.00) dollars and
that's not the case. What he's asking for is relief for the three years of the increase of the CPI
and he will make the repairs himself. And I think that's very much in order, and Mr. Manager, I
would want to change the rule of this morning, and I am sure there will be no problem here that
in Miami Springs Golf Course, that he will make the repairs himself and he will pay for the
repairs. Not two hundred and fifty thousand ($250,000) because he's on a month to month lease
and in fact, we will give him a waiver to the extent of not the CPI increase for three years.
Z,I
November 21, 1996
0
NOTE FOR THE RECORD: Commissioner Hernandez entered
the Commission meeting at 2:43 p.m.
Mr. Rodriguez: The minimum. We are going to take the twenty thousand ($20,000) minimum.
Commissioner Plummer: Oh, we'll still take the minimum, of course. OK.
Vice Mayor Gort: Sure. Yeah.
Mr. Rodriguez: OK.
Vice Mayor Gort: But I think there is no said amount on how much...
Commissioner Plummer: Did you hear that Humberto?
Commissioner Hernandez:... follow it up...
Commissioner Plummer: OK, the fact is that he can't afford to spend that kind of money on a
month to month lease.
Commissioner Hernandez: All right.
Commissioner Plummer: So, I will make a motion at this time. Do I have to reconsider the
i previous... I reconsider the previous motion?
j Commissioner Hernandez: OK.
I
Commissioner Plummer: You second it?
Commissioner Hernandez: I'll second it, yes.
Vice Mayor Gort: There is a move, there is a second. All in favor state so by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 96-845
A MOTION A MOTION TO RECONSIDER VOTE TAKEN IN MOTION 96-843 IN
CONNECTION WITH LEASE AGREEMENT BETWEEN THE CITY OF MIAMI
AND TONY MOLINA FOR USE OF SPACE AT 650 CURTIS PARKWAY,
FORMERLY KNOWN AS MIAMI SPRINGS GOLF COURSE.
85 November 21, 1996
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Carollo
Commissioner Tomas Regalado
Commissioner Plummer: I now make a motion that the Miami Springs Golf Course be granted a
three year waiver on the CPT increase. We still get the twenty thousand ($20,000) minimum or
12 per cent and he will make at his own expense the repairs in lieu of the waiver and I so move.
Vice Mayor Gort: OK, it's been moved. Is there a second?
Commissioner Hernandez: Second.
Vice Mayor Gort: Any discussion? Being none, all in favor state so by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-846
A RESOLUTION GRANTING TO LEASOR, TONY MOLINA, A THREE YEAR
WAIVER ON ANY CONSUMER PRICE INDEX (CPI) INCREASES ASSOCIATED
WITH THE MIAMI SPRINGS GOLF COURSE PROPERTY; FURTHER
STIPULATING THAT SAID LEASOR, MOLINA, WILL MAKE REPAIRS AT HIS
OWN EXPENSE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Vice Mayor Wifredo Gort
Commissioner J.L. Plummer, Jr.
Commissioner Humberto Hernandez
NAYS: None.
ABSENT: Commissioner Tomas Regalado
Mayor Joe Carollo
86
November 21, 1996
r
----------------------------------------------------------------------------------------------------------------
18. CLARIFY APPOINTMENT OF COMMISSIONER HERNANDEZ TO JOBS &
EDUCATION PARTNERSHIP REGIONAL BOARD -- REPLACING
COMMISSIONER DAWKINS -- SEE LABEL 3.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: By the way I received notice from the Mayor's office that has an emergency,
that's why he's not here right now. So we will continue with the meeting now. We've got item
17.
Commissioner Plummer: Can I make one other clarification for...
Vice Mayor Gort: Yes, sir. One more and that's it.
Commissioner Plummer: OK. Mr. Hernandez.
Commissioner Hernandez: Yes, sir.
Commissioner Plummer: Just for your edification.
Vice Mayor Gort: Commissioner.
Commissioner Plummer: Commissioner, I am sorry. Even I make those mistakes. Right Mr.
Marquez?
Commissioner Hernandez: Mr. Hernandez is my dad.
Commissioner Plummer: Yes, Mr. Manager. The name of that board that you are on is the
JEPA Board. Jobs Education Programs. And that is the same one that I was speaking of. The
- Wages Board is a part of that, so you would be on that board replacing a former Commissioner.
All right.
Mr. Hernandez: OK.
Commissioner Plummer: Now, that. Thank you, Mr. Vice Mayor.
----------------------------------------------------------------------------------------------------------------
19. PERSONAL APPEARANCE: CHARLES OGUGUA FOR USE OF COCONUT
GROVE CONVENTION CENTER AND SECURITY FOR MIAMI
CHILDREN'S CENTENNIAL SUMMIT AND 2ND "STAND FOR
CHILDREN" RALLY -- FOR NOVEMBER 22, 1996 -- AUTHORIZE
ADVANCE FEE PAYMENT DEFERRAL FOR 30 DAYS.
Vice Mayor Gort: Mr. Manager, to my understanding we left on item 17?
Mr. Edward Marquez (City Manager): This is an item of presentation by a citizen for waiver of
fees at the Coconut Grove Convention Center and the Administration is recommending denial of
' said waiver.
87 November 21, 1996
[i
Vice Mayor Gort: OK. Yes, sir.
Mr. Charles Ogugua: Good afternoon, Commissioners. My name is Charles Ogugua. I am the
Executive Director of the Miami Children's Centennial Project. I stand here before you this
afternoon on behalf of more than 2,500 children in our area schools that we have been working
with over the past one and a half years as part of the Centennial celebration. Of course, as you
know we're a nonprofit community based organization. All the staff that are working on this are
not paid, it's all volunteer and that why all the strenuous efforts we've been doing to at least
present to these children something that they can live with for the rest of their lives. To know
that yes, Miami is 100 years old today, this year. And that the future belongs to them and what
we adults do for them today, in terms of helping them develop the necessary skills and tools to
become responsible citizens of the future, that is what we're giving them today. That is what we
are saying that we, as adults should celebrate the City's Centennial that way, in focussing on the
needs of our children. And it is in that light, Commissioners, that all our programs this year,
have been funded by volunteer efforts. Parents, even children themselves, they chip in
sometimes. When we took them to Washington, D.C. for the "Stand for Children Rally" the
parents and the kids contributed for that trip. On July 11th, you recall the children came here to
report back to you as ambassadors of this City what they did in Washington, D.C. And
tomorrow's event that we have at the Coconut Grove Convention is an continuation of the
"Stand for Children Rally" that we attended in Washington, D.C. As a matter of fact, the
of that Rally are coming down here for this event. And also we have some other local
officials and speakers that are going to deal strictly on the issues of children. Their welfare,
their safety and their development. And I stand here this afternoon, I know originally we had
requested for a fee waiver. It was my understanding that this Commission has passed a
resolution in the past recently, about not allowing such to happen. However, we are in a bind
right now. The event is tomorrow and we will appeal, if we can reach a compromised situation.
That the City at least waive the precondition of advanced payment for the use of the facility so
that at least we can have the event tomorrow and that within the next two weeks or three, we can
come up with that. The reason why I am saying two weeks or three, is that I know right now, the
Children Services Council of Dade County had informed me that they are willing to put at least
half of that cost for us. And what we've got to do right now is to work with the other contacts
we have in the County and elsewhere to see if we can come up with the other half. So, my
request right now will be, on behalf of these children to give us a waiver that at least we can
within the next one month at lest, three weeks as I said.
Vice Mayor Gort: OK. Thank you, sir. Staff.
Mr. Edward Marquez (City Manager): I am eventually going to sound like an ogre. We are
recommending against this item because of the fiscal crisis that this City is facing. The
resolution by the Commission on denying all fee waivers is a good policy at this point in time.
Normally, the cost that's shown here we do have a discounted rate at the Convention Center for
non-profit organizations. The less cost rental normally will be four thousand ($4,000) dollars as
opposed to two thousand ($2,000). And it's just... if we cover these costs, you're just opening up
the door for more people requesting fee waivers in our opinion.
Vice Mayor Gort: OK. What's the wish of the Commission?
Commissioner Plummer: Well, I think what we're looking for, he's not really looking for a fee
waiver, is my understanding. What he is looking for is relief of not having to pay in advance of
the event. And my question to him before, as my question would be now, is what collateral can
he give to the City to assure that the City will not be holding an empty bag. I mean, you know
you want, whatever you can up with in the way of collateral that's acceptable to the
administration, you know I will be willing to do such. But without that, then I cannot. I've got
88 November 21, 1996
r
to protect the City. I've got to protect the City. And I would make a motion at this time that
says that if he can come up and produce to the administration adequate collateral to cover the
cost of the expenses to the City, that in fact he would be able to have a 30-day payment. But he
must have at least double the collateral. I so move.
Vice Mayor Gort: Is there a motion, is there a second?
Commissioner Hernandez: I second.
Vice Mayor Gort: Second. Discussion of the motion. Being none, all in favor signify by saying
"aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.96-847
A MOTION DEFERRING PAYMENT OF RENTAL FEE FOR USAGE OF THE
COCONUT GROVE CONVENTION CENTER, FOR A PERIOD OF 30 DAYS,
CONDITIONED UPON REPRESENTATIVES OF THE MIAMI CHILDREN'S
CENTENNIAL PROJECT, INC. OBTAINING ADEQUATE COLLATERAL FOR
THE MIAMI CHILDREN'S CENTENNIAL SUMMIT AND SECOND "STAND FOR
CHILDREN" RALLY, WHICH WILL TAKE PLACE ON NOVEMBER 22, 1996.
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Carollo
Commissioner Tomas Regalado
Mr. Ogugua: Can I say something as far as that is concerned, the collateral? Like I said earlier
on, the Children Services Council in their last budget hearing they voted that on the event that
the City...
Commissioner Plummer: Sir, if they will...
Vice Mayor Gort: All you need is two letters from them saying that they are committed to such.
Commissioner Plummer: All you need is a letter of guarantee that they will pay it.
Vice Mayor Gort: You've got it.
Mr. Ogugua: OK. Thank you.
89 November 21, 1996
W;V�
----------------------------------------------------------------------------------------------------------------
20. DISCUSS / TABLE PERSONAL APPEARANCE: LUCIA DOUGHERTY,
ESQ.-- FOR SPECIAL EVENTS PERMIT FOR BOAT SHOWS PARKING AT
WATSON ISLAND. -- SEE LABEL 35.
----------------------------------------------------------------------------------------------------------------
Vice Mayor: Eighteen.
Commissioner Plummer: Mr. Ruder, how much are they going to pay us?
Mr. Albert Ruder (Director, Parks & Recreation Dept.): They are going to pay us a minimum of
seventy-five thousand dollars ($75,000) and if some... Some of the land may be under the
jurisdiction of the Parrot Jungle by then. If it's not, then there is a potential, if we work out the
configurations, that we could probably get up to as much as ninety thousand ($90,000).
Commissioner Plummer: Seventy-five to ninety ($75,000 to $90,000)? They would have to
provide their own security.
i
Mr. Ruder: They would have to pay...
Commissioner Plummer: How many days?
Mr. Ruder: The show is seven days. And then they also, just like they did in the past years, they
have 16 days of setup and take down. That's included in this fee.
i
Commissioner Plummer: Well, OK. This is based on parking, is that correct?
Mr. Ruder: It's parking on one side and on the other side they have concessions and some
exhibit space.
Commissioner Plummer: All right, I've got to... OK, they would have to provide all of the
things of security...
Mr. Ruder: Sure, sure.
Commissioner Plummer: ... insurance, the police department for traffic in and out?
l Mr. Ruder: Right.
Commissioner Plummer: All of that?
Mr. Ruder: Right. Right.
Commissioner Plummer: Now, I'll ask the administration why they recommended denial?
Mr. Edward Marquez (City Manager): We recommended denial because the law department had
said that this is a unpermitted use of the property because of...
Commissioner Plummer: Who done it?
Mr. Marquez: I'll let the Law office explain.
.0
November 21, 1996
'4,0N ) 'o;oft�
Mr. A. Quinn Jones, III, Esq. (City Attorney): You've got... let me. Let me see. Twenty-nine C
which relates solely to Watson Island prohibits any revokable permit use, license agreement to
be entered into for the occupancy or use of Watson Island. Unless there is a public notice and
proposed transactions approved by a majority, the votes cast by the elected at a referendum. I
merely chose to formalize it, this particular go around...
Commissioner Plummer: So if you get a vote of this Commission, that makes it legal.
Mr. Jones: No, you can't. You can't override what the Charter says, only...
Commissioner Plummer: Is it?
Vice Mayor Gort: We've been doing this for ... Because I've got in here, we're done it at least
three or four times.
Mr. Jones: Well, you've done it before and I am not saying that because you did it before it
didn't violate the Charter. Certainly if you... You know you don't want to do it. That's up to
you.
Commissioner Plummer: Mr. Jones.
Mr. Jones: Yes, sir.
Commissioner Plummer: For ninety thousand ($90,000) dollars they are going to pay us, can
you find a way to do it?
Mr. Jones: Commissioner, I don't know of any other way to do it. I mean certainly you can
take...
Commissioner Plummer: But we don't have time to change the Charter.
Mr. Jones: Yes.
Mr. Marquez: Is there. May I ask a... perhaps a dumb question here? Is there any type of
legislative intent language associated with the aspects of the Charter or can we talk to someone
who might have proposed the amendment to the Charter, in this regard?
Mr. Jones: You can talk to anyone you want but, I mean the black little law is what it is. I mean
the Charter says, what it says. I mean I only bring this to your attention, if I didn't bring it to
your attention and someone was to have a problem.
Commissioner Plummer: What is the dates of this event?
Mr. Ruder: February 15th through the 26th. No, excuse me, that was last year. This year, one
second. Thirteenth through the nine..
Vice Mayor Gort: Nineteenth.
Commissioner Plummer: February 13th?
Mr. Ruder: Yeah, through the 19th, ' 97.
Commissioner Plummer: All right. Well, I would suggest to send it back to the Manager and
the City Attorney asking them if there is any way that they can find to try to get, and by the way
Mr. Ruder, I want ninety thousand ($90,000) guaranteed?
91 November 21, 1996'
r.
�i
Mr. Ruder: OK.
Commissioner Plummer: OK. That if in fact we can get a way of finding a waiver that we can
do this thing and we can get the revenue which we sorely need. OK, Ms. Dougherty your item
has been deferred seeing as how the City Attorney has ruled - this is the second time today
against you - that this is not a permissible use on Watson Island. I've asked them what this City
would like to get, a minimum of ninety thousand ($90,000) dollars from your client and that the
three of you and you get together and come back on the 12th of December.
Ms. Lucia Dougherty: Can we do it before? Can we see if we can get together today, I want to
tell you that this boat show is in February.
Commissioner Plummer: I understand that.
Ms. Dougherty: We need to find a place to park 5,000 cars.
Commissioner Plummer: I understand that.
Vice Mayor Gort: If we can come up with a solution today, that's fine.
Ms. Dougherty: OK.
Commissioner Plummer: That's fine.
Vice Mayor Gort: We'll bring it back later.
Ms. Dougherty: Thank you.
Vice Mayor Gort: OK.
Commissioner Plummer: Now you also had the item that you said was worked out with the
Grove Isle, with the administration? Is that correct?
Ms. Dougherty: Yes, sir. We have agreed to take the sign and change... and take off the
restaurant issue and simply have a directional sign for Grove Isle Hotel and Resorts.
Commissioner Plummer: Ms. Haydock.
Ms. Ellie Haydock (Admin. Aide/City Manager's Office): I would still ask that it before the
HEP Board. It's a historic corridor.
Ms. Dougherty: This is not a legal requirement. The HEP Board deals with...
` Commissioner Plummer: OK, hold, hold. I told you how to do it.
Vice Mayor Gort: Excuse me, we're on item 18, right now.
Commissioner Plummer: Oh, you don't want to get this out of your hair?
Vice Mayor Gort: You want to get this out of the way? Let's wait. What are we going to do
with 18, we deferred 18, right?
Commissioner Plummer: We deferred it, yes.
92 November 21, 1996
0
r
Vice Mayor Gort: It has been deterred, OK.
Ms. Dougherty: You just tabled it until we get together.
Commissioner Plummer: OK.
Vice Mayor Gort: The other item now in front of us is which item?
Commissioner Plummer: The item is the one in reference to...
Vice Mayor Gort: Right, what item number is that?
Commissioner Plummer: Thirteen.
Commissioner Hernandez: Commissioner Gort.
Vice Mayor Gort: Yes.
Commissioner Hernandez: Going back to item 18, and I agree with Ms. Dougherty on this. I
was able to pull the minutes for the last two years on this same item. We have never prohibited
the boat show from parking there. I think the intent of 29-C, is really a long term situation, a
long term permit. This is a short term permit. I think we should really discuss this and try to
solve it today. I mean, this...
Commissioner Plummer: Let them... Let them kind of work it out.
Vice Mayor Gort: What we're saying is, let them, let the attorneys get together and you being an
attorney, you know how attorneys are. They should get together now, and come up with the
right language and bring it back to us.
Commissioner Hernandez: All right.
Vice Mayor Gort: All right.
Commissioner Hernandez: All righty.
Vice Mayor Gort: Thank you.
Ms. Dougherty: Thank you, very much.
----------------------------------------------------------------------------------------------------------------
21. RECONSIDER / APPROVE PLACEMENT OF DIRECTIONAL SIGN FOR
LOCATING GROVE ISLE AND MARKS DESTINATION ON SOUTH
BAYSHORE DRIVE -- SEE LABEL 13.
Commissioner Plummer: On 18, let me tell you how I think we should do it. Let them... We'll
approve 13. We'll approve it. Take it before the HEP Board, if there is a problem with the HEP
Board, then it comes back to this Commission. I mean you're talking about what, a one hundred
($100) dollar sign.
93 November 21, 1996
Ms. Dougherty: That's fine.
Commissioner Plummer: OK.
Ms. Dougherty: OK.
Commissioner Plummer: I'll move it...
Vice Mayor Gort: Is there a motion?
Commissioner Plummer: ... under those circumstances that we approve it and if HEP Board has
a problem it reverts back to us.
Vice Mayor Gort: Is there a second?
Commissioner Hernandez: Second.
Vice Mayor Gort: Any discussion? Being none, all those in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 96-848
A MOTION GRANTING APPROVAL OF PLACEMENT OF A DIRECTIONAL SIGN
TO ASSIST MOTORIST IN LOCATING GROVE ISLE, AS WELL AS SERVING AS
A DESIGNATION MARKER ALONG SOUTH BAYSHORE DRIVE, SUBJECT TO
THE APPROVAL OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION
BOARD.
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Carollo
Commissioner Regalado
rn
�'J
----------------------------------------------------------------------------------------------------------------
22. SECOND READING ORDINANCE: AMEND CHAPTER 30/ARTICLE
1/SECTION 30-2/ "USE OF COMMUNITY BUILDINGS, BANDSHELL,
ETC." OF CODE FOR UPDATING CURRENT CONDITIONS AND
ADJUSTING RENTAL FEES FOR SHOWMOBILE, BLEACHERS AND
PUBLIC ADDRESS SYSTEM -- FURTHER AMEND CHAPTER 38/ARTICLE
1/SECTION 38-7/"FEES FOR USE OF JAPANESE GARDEN AT WATSON
PARK AND FOR USE OF ALL CITY PARKS FOR WEDDINGS AND OTHER
SOCIAL FUNCTIONS" -- TO FORMALIZE AND IN SOME CASES ADJUST
FACILITY RENTAL FEES CHARGED FOR USE OF ALL CITY PARKS FOR
SPECIAL EVENTS AND OTHER SOCIAL FUNCTIONS.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Item 19.
Commissioner Plummer: Move it. Wait, we can't. It's four fifths. You can't do 20, either.
Vice Mayor Gort: Twenty-one.
Commissioner Plummer: For discussion purposes. No, I don't want to move it. I want to
discuss it first because it's a second reading. Mr. City Manager, are you familiar with this or
would you pull up who can help you on this?
Mr. Edward Marquez (City Manager): Mr. Ruder.
Mr. Albert Ruder (Director, Parks & Recreation Dept.): Yes.
Commissioner Plummer: I am concerned about Bandshell. What is the Bandshell? That's
usually referred to...
Mr. Ruder: What page?
Commissioner Plummer: It's item 21.
Mr. Ruder: OK.
Commissioner Plummer: I want to make sure that that is not the Ampitheater at Bayfront Park.
Mr. Ruder: No, it's not.
Commissioner Plummer: Where is the Bandshell?
Mr. Ruder: I think that was an old section of the code and that's why we're amending it because
it's not applicable to us anymore.
Commissioner Plummer: Well, it's still in here. All right. Mr. Vice Mayor, I will move item
21, deleting the word "Bandshell."
Mr. Ruder: OK. No problem.
Vice Mayor Gort: There's a motion. Is there a second? Is there a second?
95
November 21, 1996
Commissioner Hernandez: I'll second it.
Vice Mayor Gort: Discussion. Any further discussion?
jMr. A. Quinn Jones, III, Esq. (City Manager): Read the ordinance.
i
Vice Mayor Gort: Hearing none, all those in favor signify by saying "aye."
Mr. Jones: No, it's an ordinance.
Commissioner Plummer: No, it's an ordinance.
Vice Mayor Gort: Oh, it's an ordnance, I am sorry. You've got to read the ordinance. Call the
roll.
An Ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 30, ARTICLE 1, SECTION 30-2
ENTITLED: "USE OF COMMUNITY BUILDINGS, ETC." OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE PURPOSE OF UPDATING
CURRENT CONDITIONS AND ADJUSTING THE RENTAL FEES FOR THE
SHOWMOBILE, BLEACHERS AND PUBLIC ADDRESS SYSTEM; FURTHER
AMENDING CHAPTER 38, ARTICLE I, SECTION 38-7 ENTITLED: "FEES FOR
USE OF JAPANESE GARDEN AT WATSON PARK AND FOUR USE OF ALL CITY
PARKS FOR WEDDINGS AND OTHER SOCIAL FUNCTIONS" OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO GENERALLY FORMALIZE
AND IN SOME CASES ADJUST THE FACILITY RENTAL FEES CHARGED FOR
USE OF ALL CITY PARKS FOR SPECIAL EVENTS AND OTHER SOCIAL
FUNCTIONS; MORE PARTICULARLY BY REPEALING SECTION 38-7 IN ITS
ENTIRETY AND SUBSTITUTING IN LIEU THEREOF NEW SECTION 38-7; AND
FURTHER AMENDING CHAPTER 38, ARTICLE II, SECTION 38-49.1 ENTITLED:
"SALE OR DISPENSING OF BEER AND/OR WINE FOR SPECIAL EVENTS OR
PROGRAMS IN CITY PARKS" OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED; SAID AMENDMENT FOR THE PURPOSES OF
PROVIDING CLARIFYING LANGUAGE AND ADJUSTING THE FEE TO SELL
BEER AND WINE IN APPROVED CITY PARKS; AND FURTHER AMENDING
CHAPTER 38, ARTICLE II, SECTION 38-45 ENTITLED: "PEDDLING, VENDING
AND MERCHANDISING" TO BETTER DEFINE THE CRITERIA USED IN
ESTABLISHING THE FEES ADDRESSED IN SAID SECTION; FURTHER
PROVIDING FOR ANNUAL REVIEW AND ADJUSTMENT OF SAID FEES BY
THE CITY MANAGER, IF NECESSARY; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
96 November 21, 1996
ter,
passed on its first reading, by title, at the meeting of October 10, 1996, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Hernandez, the ordinance was thereupon given its
second and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11411.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
--- ----------------------------------
{ 23. FIRST READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND
("PARTNERSHIP FUND") -- FOR POLICE DEPARTMENT-- APPROPRIATE
FUNDS NOT TO EXCEED $25,000 -- EXPEND FUNDS ON POLICE
COMMUNITY EVENTS.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Item 22.
Commissioner Plummer: I'll move it, with discussion.
Commissioner Hernandez: Second.
Vice Mayor Gort: It's been moved and second.
Commissioner Plummer: Do we have a list of who are donating?
Capt. Joseph Longueira (Dep. Commander, Police Support Srvcs.): Sir, we don't actively have
any donations yet. What we want to do, is set up the account so we can go out and get people to
donate. The money will go into the accounts for these purposes.
Commissioner Plummer: Did this Commission approve any expenditures from that fund?
Capt. Longueira: No.
Commissioner Plummer: Then I vote no.
Capt. Longueira: There is no fund. We're asking to create...
Commissioner Plummer: I am saying, when the fund has twenty-five thousand ($25,000) does
the Commission approve the spending of those funds?
97 November 21, 1996
Capt. Longueira: Each time?
Commissioner Plummer: Each time.
Capt. Longueira: That's not what the ordinance says. It would go through the regular City
procurement process.
Commissioner Plummer: Or, if it's over forty-five hundred ($4,500) dollars before this
Commission.
Capt. Longueira: Correct. Yes, sir.
Commissioner Plummer: I move the item.
Mr. Jones: Well, wait, wait, wait. What's the item modification?
Commissioner Plummer: There is no modification, it's an understanding
Mr. Jones: OK. No, modifying, OK.
Commissioner Plummer: ... that it would go through normal procedures unless it's over forty-
five hundred ($4,500), which is also normal procedures.
Vice Mayor Gort: Is there any discussion?
Commissioner Plummer: Read it.
Mr. Manuel Gonzalez-Goenaga: Yes, yes. What item are they? Anything in police, I am ready
to speak.
Commissioner Hernandez: Twenty-two.
Commissioner Plummer: While Mr. Goenaga is waiting, Mr. Vice Mayor I would like to remind
you that I will be absent from this meeting from five forty-five until seven fifteen to seven thirty.
Mr. Gonzalez-Goenaga: Well, I think that you have spoken all this day more than 1, Mr.
Plummer.
Commissioner Plummer: That's impossible.
Vice Mayor Gort: Excuse me, sir. Will you address the issue?
Mr. Gonzalez-Goenaga: Twenty-two.
Vice Mayor Gort: Twenty-two. Yes, sir. Proposed ordinance.
Mr. Gonzalez-Goenaga: Oh, if it is a grant and it is properly spent, no problem.
NOTE FOR THE RECORD: Commissioner Regalado entered the
Commission meeting at 3:02 p.m.
s
98 November 21, 1996
Vice Mayor Gort: Thank you, sir. OK, all in favor signify by saying "aye."
Mr. A. Quinn Jones, III, Esq. (City Attorney): It's an ordinance, Vice Mayor.
Commissioner Plummer: It's an ordinance.
Vice Mayor Gort: It's an ordinance. I am sorry, read the ordinance. Call the roll.
An Ordinance entitled -
AN ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND ENTITLED:
"PARTNERSHIP FUND" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT
TO EXCEED $25,000.00, TO SAID FUNDS; AUTHORIZING THE DEPARTMENT
OF POLICE TO ACCEPT MONETARY DONATIONS FROM VARIOUS PRIVATE
ORGANIZATIONS TO BE DEPOSITED IN SAID FUND; AND TO EXPEND SAID
FUNDS ON COMMUNITY EVENTS SPONSORED BY THE DEPARTMENT OF
POLICE; CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE.
was introduced by Commissioner Plummer, seconded by Commissioner Hernandez, and
was passed on first reading, by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Joe Carollo
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
24. FIRST READING ORDINANCE: AMEND CHAPTER 40, "PERSONNEL" OF
CODE-- SEPARATE SPECIFIC VIOLATIONS IN SECTION 40-98(5),
"GROUNDS FOR DISMISSAL, SUSPENSION AND DEMOTION" TO
DISTINGUISH / INDIVIDUALIZE EACH.
Vice Mayor Gort: Item 23.
Commissioner Plummer: Personnel of the City, is that what it is?
Vice Mayor Gort: Yes, Civil Service.
Ms. Priscilla Thompson (Executive Secretary Civil Service Office): Yes. Good afternoon. The
proposed amendment to the Civil Service Rules and Regulations as listed in item 23, is nothing
more than just breaking up the existing provisions of that rule. They're just putting a semicolon
in there and breaking up the ordinance. There is nothing or any change to that language.
November 21, 1996
x
r
Commissioner Plummer: So moved.
Vice Mayor Gort: It's moved, is there a second.
Commissioner Plummer: It's first reading.
Commissioner Hernandez; Second.
Vice Mayor Gort: Call the roll.
An Ordinance entitled
AN ORDINANCE AMENDING CHAPTER 40, ENTITLED: PERSONNEL" OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY SEPARATING
THE SPECIFIC VIOLATIONS AS SET FORTH IN SECTION 40-95(5) ENTITLED:
"GROUNDS FOR DISMISSAL, SUSPENSION AND DEMOTION" TO CLEARLY
i DISTINGUISH AND INDIVIDUALIZE EACH VIOLATION; CONTAINING A
j REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE.
was introduced by Commissioner Plummer, seconded by Commissioner Hernandez, and
was passed on first reading, by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Joe Carollo
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
25. EMERGENCY ORDINANCE: ESTABLISH INITIAL
RESOURCES/APPROPRIATIONS FOR SPECIAL REVENUE FUND,
"DOMESTIC VIOLENCE INTERVENTION PROGRAM"-- AUTHORIZE
MANAGER TO ACCEPT GRANT OF $254,318, FROM U.S. DEPARTMENT
OF JUSTICE.-- AUTHORIZE EXPENDITURE FOR OPERATION OF SAID
PROGRAM.
-----------------------------------------------------------------------------------------------------
Vice Mayor Gort: Let's get back to this since we have four Commissions. Item 20.
Mr. A. Quinn Jones, III, Esq. (City Manager): You want to take 19 first?
Commissioner Plummer: Nineteen and 20. I move 19.
Vice Mayor Gort: Nineteen has been moved. Is there a second?
100 November 21, 1996
VO
Commissioner Hernandez: I second it.
Commissioner Plummer: Under discussion. 1 would like a copy of... After this grant is
completed I would like it sent to all of the Commissioners where every one of the dollars went.
Vice Mayor Gort: OK, discussion. Yes, sir.
Mr. Manuel Gonzalez-Goenaga: My name is Mr. Manny "Watchdog" Gonzalez-Goenaga. For
years, I have come here and I have demanded as a citizen that I be sent the amount of money that
is in that Law Trust Enforcement, the income the expenses. And I don't know, even though Mr.
` Carollo has ordered and instructed the Police Department, the honorable and prestigious. I have
never received it. And you guys know damn well where my address is, because you have picked
me up ten times. So start playing serious business, mister. And you are one of my targets also.
Vice Mayor Gort: Thank you sir, any further discussion? Call the roll.
An Ordinance entitled -
AN EMERGENCY ORDINANCE ESTABLISHING INITIAL RESOURCES AND
INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND ENTITLED:
"DOMESTIC VIOLENCE INTERVENTION PROGRAM;" AUTHORIZING THE
CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $254,318.00,
j FROM THE U.S. DEPARTMENT OF JUSTICE, AND TO EXECUTE ANY
NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO ACCEPT SAID GRANT; AUTHORIZING THE
EXPENDITURE OF SAID GRANT FOR OPERATION OF SAID PROGRAM;
CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE.
was introduced by Commissioner Plummer and seconded by Commissioner Hernandez,
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:
i
- AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
LVice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Joe Carollo
101
November 21, 1996
rn
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Hernandez, adopted said ordinance by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT:
Mayor Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11412.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
26. EMERGENCY ORDINANCE: AMEND ORDINANCE 10021,
ESTABLISHING INITIAL RESOURCES / APPROPRIATIONS FOR LAW
ENFORCEMENT TRUST FUND (LETF),-- INCREASE APPROPRIATION BY
$828,000.
------------------------------------------------ ---------------------------------------------------------------
Vice Mayor Gort: Item 20.
Commissioner Plummer: I'll move it with discussion.
Commissioner Hernandez: Second.
Vice Mayor Gort: It's been moved and second. Discussion.
Commissioner Plummer: Mr. Marquez.
Mr. Edward Marquez (City Manager): Yes, sir.
Commissioner Plummer: You're a new manager and one of the longest running fights I had with
the old manager was as to what these monies could be used for I was also told there were certain
restrictions. Yet, I see other cities using these monies for many, many things that we desperately
need money for. Sir, I would beg you to go and get the rules and regulations. For example, one
adjacent City bought a fire truck. I've always been told you couldn't do that with these monies.
Yet, they buy other things. They buy police cars for special projects. They buy rental cars.
Many things which today we are spending General Fund dollars for. I think that it has now come
to a conclusion that we will not be spending money for a soccer team in Perrine, which came out
of the Law Enforcement Trust Funds. Or some other things that in the past. I am saying to you,
is very, very simple. I think that where we desperately need dollars, you can find a way like
other cities find ways, to sit down and to use these funds and save General Fund dollars. I will
be glad to direct you in the direction of the other cities if you can't find out how they do it, to
help you find their way of doing it. Thank you, Mr. Vice Mayor.
Vice Mayor Gort: Any further discussion?
102 November 21, 1996
irr.:
Capt. Joseph Longueira (Dep. Commander, Police Support Srves.): Commissioner.
Commissioner Regalado: Yeah, just wanted to follow on J. L.'s comments. We know that there
have been drug raids and money been seized by the Miami Police Department. Also the cars,
that we know that some we use for undercover and then others you sell it to the public. But, is it
possible, Mr. Manager that we can ascertain exactly what does the police have in terms of cash,
in terms of properties and use that to fund the different projects of the Miami Police Department
within the department, not outside of the department? Do we know the amount that they have?
We do know.
Mr. Marquez: I'm sure we can find out the amount that they have on hand. Absolutely. I think
it may be problematic for us to budget the funds coming in because the Police Department
doesn't have that information. It's out of their control to estimate the future funds coming in.
Now as to the appropriateness of using these funds for whatever purposes. I wholeheartedly
agree with what Commissioner Plummer was saying, that we ought to be looking at alleving
General Fund expenditures through these funds.
Commissioner Regalado: But that, that's exactly. Yes.
Mr. Marquez: And I have a meeting set up already with the Chief, to discuss the use of these
_ funds. And as far as the specific regulations, I will get copies and forward them out to you all.
Commissioner Regalado: Yeah, but I understand that we can't. We don't know what you're
going to seize next week. But if we know what you have in hand, should we a special project
that we need to pay overtime. Then, can we use that fund for that specific project?
Mr. Marquez: I'll have the answers for you at the next Commission meeting.
Vice Mayor Gort: I think maybe what we're asking for is criteria and standards on how these
funds could be used and maximizing those funds, using those funds.
Commissioner Plummer: Well, Commissioner it takes a little bit of ingenuity to put the projects
together. You can put a burglary grant together and fund the entire grant out of these funds.
Other cities do it. Including uniforms, personnel, cars and all of that. Now, Mr. Marquez I can
tell you, if you're going to meet with the Chief to discuss this issue, he's flat out going to tell you
as he's told us for years, "you can't do it." And I have got to the point where I cannot believe
that other cities are smarter than we are.
Capt. Longueira: Commissioner, we have over the years you know, and you have to admit we
have funded things and relieved the General Fund budget.
Commissioner Plummer: Damn few.
Capt. Longueira: OK. It may not be to the extent that you personally feel, but we have done
that, OK.
Vice Mayor Gort: OK.
Mr. Marquez: Commissioner Plummer. Mr. Vice Mayor.
Vice Mayor Gort: Yes, sir.
Mr. Marquez: Another couple of comments. The strategic plan that was developed by the task
force or by Merrett's group has these LETF monies being used, diverted to cover General Fund
103 November 21, 1996
r
appropriations. I will contact my former colleagues at the County for their budgetary because
they use LETF funds all the time to... for General Fund expenses. And I will have a very good
meeting with the Chief, I am sure.
Vice Mayor Gort: Thank you.
Commissioner Regalado: Just for the record. How much do we have?
Vice Mayor Gort: They have four hundred and ninety...
Capt. Longueira: Well, in this ordinance that we're appropriating today, it's eight hundred and
twenty-eight thousand three hundred fifty-one dollars and fifty-eight cents ($828,351.58). I gave
all of you a correction because we just received an additional monies from the Federal
Government.
Commissioner Regalado: No, no. How much do we have - money, seized in the department?
Capt. Longueira: At this point, that would be what we have. All the other monies that have been
seized has been committed to projects and expended. This is new monies and even some of
these monies is going to have to go to projects that have already been approved and any
additional projects we'll bring each project to you for approval. Each and every one of them.
Commissioner Plummer: The boys in blue slush fund.
Vice Mayor Gort: OK. Yes, sir.
Mr. Manuel Gonzalez-Goenaga: My name is again Manuel "Watchdog" Gonzalez-Goenaga.
My specialty is the police for obvious reasons. And Mr. Plummer, I fully agree with you that
there is not a smarter City in fraud and deceit than the City of Miami before Cesar. That I give
you triple A.
Commissioner Plummer: Thank you.
I
Mr. Gonzalez-Goenaga: And I wonder if you are so smart, there's no doubt about it. How
come, you didn't discover this? And then I, for the second time. I would like to have a direct
answer, am I going to receive in my home, and if there is no money I'll pay for the postage. The
income and expense account of this Law Trust Enforcement Fund. Yes, or no? Commit
yourself, Mr. Longueira, please. I'll pay in advance for the postage, if that's your problem.
Commissioner Regalado: How about the copies?
Commissioner Plummer: Whatever the public record's law says, he pays for, he gets.
Mr. Gonzalez-Goenaga: I have, look. The Police Department since 1995 owes me a lot of
public records requests. They have been violating the law and they know it.
Mr. Marquez: Mr. Vice Mayor.
Vice Mayor Gort: Yes, sir.
Mr. Marquez: Mr. Goenaga.
Mr. Gonzalez-Goenaga: Yes, sir.
104 November 21, 1996
Mr. Marquez: Please send me an official... Just send me a letter to my office and as part of
public information, you will get the information that you requested.
Mr. Gonzalez-Goenaga: You can rest assured that Mrs. Cuervo...
Vice Mayor Gort: Excuse me.
Commissioner Plummer: Oh, inspected yes. But it's 25 cents a page.
Mr. Gonzalez-Goenaga: ... has plenty of them in the Law Department, everywhere. Thank you,
very much. Look, I am getting sick and tired of losing my saliva here.
Vice Mayor Gort: Thank you.
Commissioner Plummer: And we'd sure like to see you save it.
Vice Mayor Gort: Is there further discussion? Call the roll.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10021,
ADOPTED JULY 18, 1985, AS AMENDED, WHICH ESTABLISHED INITIAL
RESOURCES AND INITIAL APPROPRIATIONS FOR THE LAW
ENFORCEMENT TRUST FUND, RECEIVED AND DEPOSITED PURSUANT
TO ORDINANCE NO. 9257, ADOPTED APRIL 9, 1981, THEREBY PROVIDING
FOR AN INCREASE IN THE AMOUNT OF $828,351.58, AS A RESULT OF
ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE TO SUCCESSFUL
FORFEITURE ACTIONS; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
was introduced by Commissioner Plummer and seconded by Commissioner Hernandez,
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 Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS:
ABSENT:
None.
Mayor Carollo
105
November 21, 1996
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Hernandez, adopted said ordinance by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gott
NAYS:
None.
ABSENT: Mayor Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11413.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Commissioner Plummer: With a proviso and understanding that not dime of that money will be
expended without Commission approval.
----------------------------------------------------------------------------------------------------------------
27. DISCUSS BRIEFLY / WITHDRAW CONSIDERATION OF AG 27
(ALLOCATE EMERGENCY SHELTER GRANT FUNDS TO PREVIOUSLY
NAMED AGENCIES FOR SOCIAL SERVICE PROJECTS SERVING
HOMELESS).
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gott: Twenty-seven.
Commissioner Plummer: Twenty-seven is being...
Mr. Edward Marquez: The administration is asking that this be withdrawn.
Vice Mayor Gott: Twenty-seven has been withdrawn.
Vice Mayor Gott: Twenty-eight.
Commissioner Plummer: I move it.
Commissioner Hernandez: Commissioner Gott.
Vice Mayor Gott: Is there a motion?
Commissioner Hernandez: Just for the record, on 27, the resolution, page 2, I think the addition
is incorrect or there is a typo on the back part of the resolution.
Mr. Edward Marquez: City Manager: We'll check into that.
Commissioner Hernandez: It's two forty-seven instead of three forty-seven.
Vice Mayor Gott: Yeah, that was deferred.
106 November 21, 1996
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28. AUTHORIZE CITY MANAGER TO ISSUE PERMIT WITH CONDITIONS
FOR SALE OF ALCOHOLIC BEVERAGES DURING COCONUT GROVE
ARTS FESTIVAL HELD ON FEBRUARY '97 -- DISCUSSION
CONCERNING ART PIECE DONATED BY COCONUT GROVE ARTS
FESTIVAL COMMITTEE TO THE CITY OF MIAMI.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I move 28.
Vice Mayor Gort: Twenty-eight. Is there a motion? Is there a second?
Commissioner Hernandez: Second.
Vice Mayor Gort: It's been moved and seconded. Discussion? Being none...
Mr. Jack King: Yes, wait.
Commissioner Plummer: It's a resolution.
Mr. King: Yes, sir.
Vice Mayor Gort: Yes, sir. I am sorry.
Mr. King: Jack King, 3549 Loquat Avenue, and I am a member of the Coconut Grove Standing
Festival Committee. Last year, the City Commission waived sixty thousand dollars ($60,000) in
fees for the Arts Festival in exchange for a piece of art that was supposed to cost eighty thousand
dollars ($80,000). And we have been trying for the last year to find out what the Arts Festival is
going to do. We have no plan but they... I have no idea, and would you like to ask?
Commissioner Plummer: You mean for this year?
Mr. King: Well, we waived it for last year. It was waived sixty thousand ($60,000) in cash for
an eighty thousand dollar ($80,000) piece of art...
Commissioner Plummer: Right.
Mr. King: ... for the...
Commissioner Plummer: Centennial.
Mr. King: For the Centennial. We have no plan. We have no nothing.
Commissioner Plummer: In other words, you want to know where the piece of art is.
Mr. King: Yeah, where's the piece of art?
Vice Mayor Gort: Excuse me, J.L. What you're saying is, we never received the art.
Mr. King: We never... As far as I know, we haven't gotten anything.
Vice Mayor Gort: OK. Yes, ma'am.
107 November 21, 1996
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Ms. Janet Hart: I am Janet Hart, Executive Director of the Coconut Grove Arts Festival, 2977
McFarlane Road, Suite 301. What we have done, Jack, is we have turned the art project over to
Art in Public Places so that they can conduct the art project. And we're in the process of doing a
contract with them right now. And they will conduct the entire process to select the artist, and
then to finish the art project.
Commissioner Plummer: No, no, no.
Vice Mayor Gort: That's not what I heard. OK.
Commissioner Plummer: No, no, no. That was not our agreement. I am sorry.
Mr. King: That's correct, sir. I mean...
Commissioner Plummer: That piece of art... Remember, construction, you have to set aside one
and a half percent for Art in Public Places. That is not for Dade County to be placing that. That
is our piece of art, and we will designate where that goes, and we will approve what is the piece
of art. That was fully understood.
Ms. Hart: OK.
Commissioner Plummer: Now, who is going on another vehicle on a different road, you better
tell them to stop.
Ms. Hart: OK. I will take that back to our board of directors, because a contract has not been
signed with Art in Public Places at this point.
Commissioner Plummer: Well, I don't know where they get the idea they are going to sign a
contract, because it was fully understood that that... The only discrepancy was, would it go in
front of Dinner Key...
Ms. Hart: Uh-huh.
Commissioner Plummer: ... or would it go downtown? That was the only discrepancy.
Ms. Hart: OK.
Vice Mayor Gort: OK. Thank you, sir.
Mr. King: Thank you.
Commissioner Plummer: I am glad you brought that up.
Vice Mayor Gort: OK, is there any further discussion? All in favor, state so by saying "aye."
The Commission (Collectively): Aye.
108
November 21, 1996
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The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-849
A RESOLUTION RELATED TO THE COCONUT GROVE ARTS FESTIVAL,
CONDUCTED BY THE COCONUT GROVE ASSOCIATION, INC., TO BE HELD
ON FEBRUARY 15-17, 1997; 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 MCFARLANE
ROAD, FULLER STREET FROM GRAND AVENUE TO MAIN HIGHWAY, AND
SOUTH BAYSHORE DRIVE FROM MCFARLANE 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 FREES 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.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS:
ABSENT:
None.
Mayor Joe Carollo
f jlsJ
November 21, 1996
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29. ALLOCATE $54,600 FROM COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS (PROJECT #799602)-- FOR REHABILITATION OF 39
BUSINESSES IN ALLAPATTAH CITYWIDE COMMERCIAL FACADE
PROGRAM.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Twenty-nine.
Commissioner Plummer: Oh, yeah very definitely, I move it.
Vice Mayor Gort: It's been moved. Is there a second?
Commissioner Regalado: Second with discussion.
Vice Mayor Gort: Discussion.
Commissioner Regalado: Is your department the one that decides the different businesses that
we are giving this money, is that correct?
Mr. Elbert Waters (Director, NET/Community Development): Yes, as long as the businesses are
located within our targeted areas we approve those businesses for that purpose.
Commissioner Regalado: What is the exact criteria that we use on this? You visit, your people
visit those businesses?
Mr. Waters: We monitor within our NET (Neighborhood Enhancement Teams) areas the NET
offices are able to go out and certify whether or not those particular businesses do meet our
criteria for the program.
Commissioner Regalado: You have here, several names with... same names with different
numbers and same addresses. Is this because they are two projects within one business?
Mr. Waters: What you may have, Commissioner, in any given location, you would have a
structure which would have several different addresses within that same structure. In some
instances there may be an owner who owns the entire piece, but there are tenants who would like
to participate in the program and what you have on any number of occasions would be for each
tenant to request permission of the owner to participate in this particular program. So that's why
it's divided up in so many facets.
Commissioner Regalado: All of this is 22nd Street, right?
Mr. Waters: Yes, sir.
Commissioner Hernandez: No further discussion.
Commissioner Regalado: I'm done.
Vice Mayor Gort: Any further discussion?
Commissioner Plummer: I have none.
110
November 21, 1996
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Mr. Manuel Gonzalez-Goenaga: Yes, Mr. Manuel. Again, Manuel "Watchdog" Gonzalez-
Goenaga. The issue is, that I don't have any quarrel whatsoever but the responsibility to make
strict accountability that everything that is presented on paper is actually done. That's my
concern. And it has been my concern for many, many, many years. You see, there is no doubt
that everything that we have seen before is not even worth on the paper it's printed on. And
now, let's have a real new beginning starting in the little things. Because remember a small leak
can sink a great ship. If the word accountability would be the first commandment in this City
administration, then we're starting the right way. And let's have a real new beginning. Not a
continuation of past history. And I will address other issues later.
Vice Mayor Gort: Thank you. Any further discussion? Hearing none. All in favor signify by
saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-850
A RESOLUTION AUTHORIZING THE ALLOCATION OF $54,600 FROM
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, PROJECT NO.
799602,17OR THE REHABILITATION OF THIRTY-NINE (39) BUSINESSES
LOCATED IN THE ALLAPATTAH TARGET AREA UNDER THE CITYWIDE
COMMERCIAL FACADE PROGRAM, SAID FUNDS TO BE DISBURSED AS
SPECIFIED HEREIN.
(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 Humberto Hernandez
Commissioner Tomas Regalado
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Commissioner J. L. Plummer
Mayor Carollo
----------------------------------------------------------------------------------------------------------------
30. APPROVE CITY'S REVISED LOCAL HOUSING ASSISTANCE PLAN,
PURSUANT TO IMPLEMENTATION OF STATE OF FLORIDA HOUSING
INITIATIVES PARTNERSHIP ("SHIP") PROGRAM TO CITY -- AUTHORIZE
CITY MANAGER TO SUBMIT SAID PLAN, FOR REVIEW / APPROVAL OF
STATE HOUSING FINANCE AGENCY.
Vice Mayor Gort: Thirty. Yes, sir.
Mr. Jeff Hepburn (Assistant Director, NET/Community Development Department): Yes, item
30, is basically a resolution that modifies the City of Miami's Local Housing Assistance Plan
111 November 21, 1996
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that deals with the "SHIP" (State Housing Initiatives Partnership) program from the State of
Florida. We need to have this plan approved and modified, basically to make those funds
available to nonprofit corporations to do housing here in the City. Along with, also making
funds available to home buyers as down payment and closing cost assistance. We need to have
this done in order to tap into the one million three ($1,300,000) that we should be getting from
the City, from the State of Florida.
Vice Mayor Gort: OK. Could you for the benefit of the Commission and the public explain
some of the changes, very briefly?
Mr. Hepburn: Initially, when the plan was submitted to the State, the City of Miami was in the
business of developing houses. We were the developer. We're no longer in that business. So
what we're doing is modifying the plan to remove the City as developer and concentrate more on
nonprofit corporations. That's the major change in the plan.
Vice Mayor Gort: OK, sir. Any questions? Is there a motion?
Commissioner Plummer: I am sorry, which item?
Vice Mayor Gort: Item 30.
Commissioner Plummer: To submit a grant to try and get money, absolutely.
Mr. Hepburn: Well, the City is sure to get these funds. These funds are dedicated funds from
the State. All we have to do is submit a plan that they are in agreement with and talk about what
the strategy is going to be.
Commissioner Plummer: It's not going to be another St. Hugh Oaks is it?
Mr. Hepburn: No. These funds will be made available to private, nonprofit developers.
Commissioner Plummer: I'll move it.
Vice Mayor Gort: It's been moved. Is there a second?
Commissioner Hernandez: Second.
Vice Mayor Gort: Any discussion? Yes, sir.
Mr. Manuel Gonzalez-Goenaga: A clarification. Again, and I hate to repeat myself, but this is
of extreme importance. You can rest assured, this Commission. I have come here during Mayor
Clark's time, I made a presentation regarding "for profit housing development." I had my man
from Washington to come over here at his own expense. And I tried to make a presentation, but
the issue is, and I understand in the housing division they want now, nonprofit. Well, that's
sometimes a misnomer because these nonprofit organizations, and to just repeat the word the
first commandment of this Commission is not of the is the accountability issue. Because when
the money that really goes to actual construction cost so we can have real affordable housing.
When we have had in this City, and a lot of previous politicians have said how good they did in
affordable housing costing eighty thousand ($80,000) dollars, that's not affordable housing with
a profit or a nonprofit organization. Thank you very much.
Vice Mayor Gort: Thank you, sir.
Mr. Gonzalez-Goenaga: I am open to a lot of more things.
112 November 21, 1996
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Vice Mayor Gort: No further discussion, all in favor signify by saying "aye."
The Commission (Collectively): Aye.
Vice Mayor Gort: Unanimous.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-851
A RESOLUTION WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI's
REVISED LOCAL HOUSING ASSISTANCE PLAN, PURSUANT TO THE
IMPLEMENTATION OF THE STATE OF FLORIDA'S STATE HOUSING
INITIATIVES PARTNERSHIP ("SHIP") PROGRAM TO THE CITY OF MIAMI,
AUTHORIZING THE CITY MANAGER TO SUBMIT SAID LOCAL HOUSING
ASSISTANCE PLAN, ATTACHED HERETO AND MADE A PART HEREOF, FOR
REVIEW AND APPROVAL BY THE STATE OF FLORIDA HOUSING FINANCE
AGENCY, AND TO EXECUTE ANY AND ALL DOCUMENTS AND
AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO
CARRY OUT THE TERMS AND CONDITIONS OF SAID PROGRAM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS:
ABSENT:
None.
Mayor Joe Carollo
----------------------------------------------------------------------------------------------------------------
31. AUTHORIZE INCREASE IN CONTRACT WITH THOMAS MAINTENANCE
SERVICE, INC. -- FROM $12,240 TO $13,244 FOR INSTALLATION OF
ADDITIONAL SOD FOR SOCCER FIELD IN HENDERSON PARK --
ALLOCATE FUNDS ($1,004) FROM CAPITAL IMPROVEMENTS
PROJECTS ORDINANCE 11389, PROJECT 331356, "HENDERSON PARK
IMPROVEMENTS".
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Thirty-one has been withdrawn. Thirty-two. Henderson Park improvement...
Commissioner Plummer: Move it.
Commissioner Hernandez: Second.
113
November 21, 1996
3
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Vice Mayor Gort: OK, moved and second. Is there any discussion? Being none, all in favor
signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-852
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT, IN AN
AMOUNT NOT TO EXCEED $1,004.00, WITH THOMAS MAINTENANCE
SERVICE, IN., FOR THE INSTALLATION OF ADDITIONAL SOD FOR A SOCCER
FIELD IN HENDERSON PARK; ALLOCATING FUNDS THEREFOR FROM FUNDS
AS PREVIOUSLY APPROPRIATED BY CAPITAL IMPROVEMENTS PROJECT
ORDINANCE NO. 11389, PROJECT NO. 33135, ENTITLED: "HENDERSON PARK
j IMPROVEMENTS."
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Joe Carollo
----------------------------------------------------------------------------------------------------------------
32. AUTHORIZE FUNDING ($9,690)-- FOR COSTS / EXPENSES FOR
REACCREDITATION OF POLICY BY COMMISSION ON
ACCREDITATION FOR LAW ENFORCEMENT AGENCIES, INC.
(C.A.L.E.A.)-- ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST
FUND (LETF), INDEX CODE 290904-996, PROJECT 690001.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Thirty-three.
Commissioner Plummer: I guess we've got no choice. I'll move it.
Mr. Manuel Gonzalez-Goenaga: No, we may have a choice.
Vice Mayor Gort: Mr. Manager.
Mr. Edward Marquez (City Manager): Sir, we are recommending approval of this item. We
don't have a choice.
114
November 21, 1996
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Vice Mayor Gort: OK.
Mr. Gonzalez-Goenaga: Excuse me.
Vice Mayor Gort: OK. There is a motion, is there a second?
Commissioner Hernandez: Second.
Vice Mayor Gort: Moved and second. Yes, sir.
Mr. Gonzalez-Goenaga: I just want for the record, to ask the following questions. I was during,
when it was originally acredited. How much did we have to pay? How much did it really cost?
Because I had a lot of correspondence with the CALEA, and they deceived me also. Because
Cesar first deceived me. And I have evidence of this in written documentation. How much did
we have to pay to get this accreditation?
Capt. Joseph Longueira (Police): We'll get you the information and send it to you.
Mr. Gonzalez-Goenaga: You don't know. If I tell you, can you? Can I tell you in advance?
Mr. Longueira: Sure.
Mr. Gonzalez-Goenaga: A minimum of eighty-two thousand ($82,000) dollars plus...
Mr. Longueira: No.
Mr. Gonzalez-Goenaga: Wait, let me finish.
Vice Mayor Gort: Excuse me, sir. Address the Commission, we ask that the question be asked
later.
Mr. Gonzalez-Goenaga: OK, and then further we spent in the Chief of Police meeting. We
spent quite a lot more. So in a sense, and I have to... Because I was present at this public
hearing just with adora, Johnny McMillan from the NAACP, on September 25th, remember.
And you were not, I don't know if you were here. But I have recorded it, and let me tell you.
It's a shame that this Miami City Department was acredited. They must have had purchased the
title, like many other things that have been purchased here in this town.
Vice Mayor Gort: OK. Any...
Mr. Gonzalez-Goenaga: My exception is, the Metro Dade Police Department, they are
professionals.
Vice Mayor Gort: Any further discussion? Being none, all in favor signify by saying "aye."
The Commission (Collectively): Aye.
115 November 21, 1996
r
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��
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-853
A RESOLUTION AUTHORIZING FUNDING, IN THE AMOUNT OF $9,690, FOR
COSTS AND EXPENSES INCURRED FOR RE -ACCREDITATION OF THE
DEPARTMENT OF POLICE BY THE COMMISSION ON ACCREDITATION FOR
LAW ENFORCEMENT AGENCIES, INC. (C.A.L.E.A.): ALLOCATING FUNDS
THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, INDEX CODE NO.
290904-996, PROJECT NO. 690001, SUCH EXPENDITURES HAVING BEEN
CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE
STATUTES, CHAPTER 932.7055, AS AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS:
ABSENT:
None.
Mayor Joe Carollo
----------------------------------------------------------------------------------------------------------------
33. ACCEPT BID: MIAMI ELEVATOR COMPANY-- FOR COMPLETE
ELEVATOR MAINTENANCE SERVICES FOR VARIOUS CITY OF MIAMI
DEPARTMENTS AT A TOTAL FIRST YEAR PROPOSED COST OF $45,112;
ALLOCATE FUNDS ($45,112) FROM FY'96-97 OPERATING BUDGETS OF
USING DEPARTMENTS (POLICE, FIRE, PUBLIC WORKS; GSA / SOLID
WASTE; CONFERENCE & CONVENTIONS & PUBLIC FACILITIES,
PURSUANT TO BID 95-96-154R.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Item 34.
Commissioner Plummer: Move it. Elevators.
Ms. Judy S. Carter (Chief Procurement Officer): Yes, sir. I'd like to make a correction.
Commissioner Plummer: Correction.
Ms. Carter: With the regard to the account codes, budget division has made a correction in the
account codes and we would like to be able to reflect that in the resolution. And I would like the
following numbers to be replaced. Account Code 580701-67 should be replaced with 311401-
670. And Account Code 350503-670450001 should be replaced with 350509-670-45001.
116 November 21, 1996
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Commissioner Plummer: And I know exactly what each one of those represent, and as such I
accept those as amendments to my motions.
Ms. Carter: Thank you, sir.
Commissioner Hernandez: Second.
Vice Mayor Gort: Does second to accept the amendment?
Commissioner Hernandez: Second.
Vice Mayor Gort: OK.
Commissioner Regalado: Just a... Judy, a question.
Ms. Carter: Yes, sir. Uh-huh.
Commissioner Regalado: Forty... This forty-five thousand ($45,000) dollars, are we going to
pay that, or that's the most we could pay if they service the elevators?
Ms. Carter: This is in fact, a maintenance fee. So we are paying that.
Commissioner Regalado: We are.
Ms. Carter: We will be paying that. We do have a contingency of approximately ten thousand
($10,000) dollars for the Coconut Grove, strike that, for the Orange Bowl facility. And of
course, those are mechanics that will be used on as needed basis. But we are talking about a
monthly fee here, service fee.
Commissioner Regalado: Yeah, OK.
Vice Mayor Gort: OK. Further discussion? Being none, all in favor signify by saying "aye."
The Commission (Collectively): Aye.
117
November 21, 1996
r
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-854
A RESOLUTION ACCEPTING THE BID OF MIAMI ELEVATOR COMPANY TO
PROVIDE FULL SERVICE ELEVATOR MAINTENANCE AND REPAIRS FOR
VARIOUS CITY OF MIAMI DEPARTMENTS (INCLUDING ON -DUTY
MAINTENANCE MECHANICS AT ALL MAJOR ORANGE BOWL EVENTS), ON A
CONTRACT BASIS FOR AN ONE (1) YEAR PERIOD WITH THE OPTION TO
EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING
FUNDS THEREFOR FROM THE FISCAL YEAR 1996-1997 OPERATING BUDGETS
OF THE DEPARTMENT OF POLICE (ACCOUNT CODE NO. 290201-670),
DEPARTMENT OF FIRE -RESCUE (ACCOUNT CODE NO. 280601-670),
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND SOLID
WASTE (ACCOUNT CODE NO. 420901-340-509000 AND 421101-340-422001)
DEPARTMENT OF PUBLIC WORKS (ACCOUNT CODE NO. 311401-670),
DEPARTMENT OF CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES
(ACCOUNT CODE NO. 415000-350201-340, 350509-670-450001, AND 350503-340-
40400), AT A TOTAL FIRST YEAR PROPOSED COST OF $45,112.00; AND
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID SERVICES
AND TO EXTEND SAID CONTRACT FOR TWO (2) ADDITIONAL ONE (1) YEAR
PERIODS AT THE SAME PRICES, TERMS, AND CONDITIONS, SUBJECT TO THE
AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS:
ABSENT:
None.
Mayor Joe Carollo
118
November 21, 1996
----------------------------------------------------------------------------------------------------------------
34. DISCUSS / TABLE CONSIDERATION OF LEGAL ACTION AGAINST
AETNA LIFE INSURANCE COMPANY TO ENFORCE CITY'S RIGHTS,
REMEDIES UNDER LEASE AGREEMENT FOR MIAMI HYATT REGENCY
HOTEL -- SEE LABEL 62.
Commissioner Plummer: I'll move 35 with discussion.
Vice Mayor Gort: Thirty-five. There is a motion. Is there a second?
Commissioner Regalado: Second.
Commissioner Plummer: Under discussion. Mr. Vice Mayor, I don't know why we're even
going into a lawsuit. They've breached the contract. Let's throw them out.
Ms. Christina Abrams (Director, Public Facilities): Well, we have to enforce the remedies
provided in the lease agreement with the City of Miami.
Commissioner Plummer: Your indication to me is they're in breach of the contract. Let's throw
them out.
Ms. Abrams: We have found them in default of the lease agreement, and there's a remedy in the
contract on how to correct that default. We are follow... What we're requesting from the
Commission is authorization to pursue that legal action, in the event that they do not comply
with the lease agreement.
Vice Mayor Gort: All right. Yes.
Ms. Abrams: And we require this for us to proceed.
Mr. Edward Marquez (City Manager): I've also been told that AETNA has approached the
Administration to try to resolve the issue, but we would like the authorization anyway to pursue,
in case that they don't follow up with us.
Vice Mayor Gort: OK. Any further discussion and questions?
Commissioner Regalado: Yeah. I understand that the insurance company has not been given
information about the money that they have been making off the hotel. Is that the case?
Ms. Abrams: The City has had this lease agreement since 1982. And they had provided every
year, the owner of the lease, they provide the City with a financial statement. And they have
never reached the threshold which has changed from twenty-two million to nineteen million,
which requires they pay the City one point six percent of gross of that threshold. This year,
when we received their audited statement, they, once again, did not reach that threshold. So we
have retained an auditor who conducted an audit of the books and records of the hotel. That
audit shows a discrepancy with the reported gross revenues of AETNA. But in order for us to
conclude our audit, we require additional information, which we have repeatedly requested since
March. We have not received that information. Today, we had a meeting with AETNA'S
representatives. They have met with us in good faith. They have indicated they will provide
this. However, Commissioner, we require the authorization from the Commission to exercise
legal remedies, if necessary, in order for us to enforce this lease. Please support us in doing that.
119 November 21, 1996
r
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Commissioner Plummer: Well, let's...
Vice Mayor Gort: Excuse me.
Commissioner Plummer: Let's make it clear. Up until today, they were not cooperative.
Ms. Abrams: Correct.
Commissioner Plummer: Up until today, they didn't furnish all the records you asked for.
Ms. Abrams: Yes, sir.
Commissioner Plummer: OK, So let's don't make them lily white today, and saying that they're
all goody, goody, goody, because this item wouldn't be before us.
Ms. Abrams: Correct.
Commissioner Plummer: Now, as far as I'm concerned, if what you're saying is that they are in
breach of their contract, let's throw them out. OK? And we'll take over the property, and we
then can sell the property and put it back on the tax rolls. So, you know, I mean, let's don't play
games. They allowed that hotel, after Andrew, two floors to remain vacant, didn't fix them up,
and then turned around to us and said, "Well, our occupancy isn't that high." You can't occupy
floors that are closed. Now, as far as I'm concerned, if they're in violation, that breaches the
contract.
Ms. Abrams: Thank you.
Commissioner Regalado: If we were...
Vice Mayor Gort: OK.
Commissioner Regalado: If we were to take action, that would be in the City Attorney's Office?
Ms. Abrams: Yes, it's using our City Attorney.
Vice Mayor Gort: Right.
Commissioner Regalado: We won't have to hire any outside counsel?
Ms. Abrams: No, you will not have to hire... No. We have very competent City Attorneys to
help us on this.
Commissioner Regalado: We know that.
Vice Mayor Gort: OK. Can we hear from representatives of the AETNA? And then we might
have some questions.
Mr. Garrett Delehanty: Hi. My name is Garrett Delehanty. I'm with the firm of Hebb and
Gitlin, One State Street, Hartford, Connecticut. During 1992 and after Hurricane Andrew,
AETNA did not own the hotel. We went through a very long and bitter court battle thereafter --
the owner of the hotel was in bankruptcy, and AETNA was a lender on the property -- to gain
control of the property. As soon as AETNA gained control of the property, it immediately
performed a very expensive refurbishment of the property. The hotel, I think, now, is actually a
120 November 21, 1996
very... credit to the City. AETNA is not a bad guy here. AETNA is a very significant taxpayer
in the City. AETNA, by agreement with the City, returned an asset, which was a prepaid lease,
which did not provide for base payments to the City on an annual basis into such a lease
agreement so the City would gain immediate revenue from this property. AETNA has, in fact,
during the last several months, been discussing with the City their needs for information for them
to conduct their audit, and has been trying, we believe, to satisfy their request of the City. We've
had some very difficult personalities in play. We've had some genuine misunderstandings of
what was being asked for. The company paid me to come down today to meet with the City so
we could work this out. And I think Christina will agree, we had a very, very fruitful meeting.
We do not believe we're in default. We think we're a very good corporate taxpayer citizen in
the City, and we want to stay that way.
Commissioner Plummer: How long have you been...
Vice Mayor Gort: Thank you, sir.
Commissioner Plummer: Excuse me. How long have you been in complete control?
Mr. Delehanty: In complete... We have been the successor/developer since sometime in the
summer of 1994.
Commissioner Plummer: That's two years ago, roughly.
Mr. Delehanty: Yes.
Commissioner Plummer: OK? And you are the party that they've been asking the records for,
and not furnished the records.
Mr. Delehanty: Starting this spring, early summer...
Ms. Abrams: March.
Mr. Delehanty: ... March. We... They have asked for... to exercise their inspection rights under
the lease. AETNA has been trying very hard to provide all the documents that are being
requested.
Commissioner Plummer: Why has there been a resistance?
Mr. Delehanty: We don't believe there has been a resistance. We believe we have
misunderstood certain of their requests. We have provide...
Commissioner Plummer: The big misunderstanding.
Vice Mayor Gort: J.L., excuse me.
Commissioner Plummer: Yeah.
Vice Mayor Gort: My understanding is that here, they want to collaborate, they want to work
with them, they want to implement all these documents, that you're going to provide for all the
` documents that we are requesting. If not, they can be taken to court.
Commissioner Plummer: OK. I'll tell you how we'll handle this. As far as I'm concerned, if
they have not provided you all the documents that you must require for the auditor by the 12th of
December, reschedule this for the agenda.
121 November 21, 1996
Mew
FA,
Ms. Abrams: Commissioners, we have been working with this issue since March. It has taken a
significant amount of time from my staff, from the Legal Department's staff. I don't necessarily
doubt that they will comply with the audit findings. But I need to point out that this is not the
only issue that they are in default. They are in...
Vice Mayor Gort: Excuse me. My understanding is the motion that was made today is
` approving a resolution authorizing the City Attorney to pursue legal action against AETNA.
Commissioner Plummer: That's it.
Ms. Abrams: For default.
Vice Mayor Gort: OK. That's the motion that's here today. And there's a second.
Ms. Abrams: For default.
Vice Mayor Gort: Right.
Commissioner Plummer: Yeah.
Mr. Delehanty: We would ask...
Vice Mayor Gort: Is there any further discussion?
Mr. Delehanty: I'm sorry. May I speak?
Vice Mayor Gort: Yes, sir.
Mr. Delehanty: We would ask that it be deferred, because we are confident that we can provide
the City everything that they want by December 12th. A lot of the things they're now asking for
are not things that are coming from us, but we are requesting...
A. Quinn Jones, III, Esq. (City Attorney): Mr....
Vice Mayor Gort: Any further discussion, Mr. Manager?
Mr. Marquez: This resolution authorizes us to pursue something. I'd much rather have the stick
to encourage the action than to defer this item.
Vice Mayor Gort: That was my understanding of the resolution. Any additional...
Commissioner Regalado: I just want to say that we should not defer. I think that we should
have the resolution today, voted on it.
Vice Mayor Gort: The resolution, although it gives the... our staff a little... legal hands so that
things can get done a little quicker.
Ms. Abrams: Correct. Doesn't mean we take them to court.
Vice Mayor Gort: It doesn't mean that they're going to take you to court right away. If you
comply with all their wishes, there won't be any need to go to court.
122 November 21, 1996
r
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Commissioner Hernandez: Christina, can the Administration live with the City not doing
anything until December the 12th? I mean, hold... We're giving you the authority, but you will
promise not to do anything until December the 12th or...
Mr. Jones: Let me... Commissioner, I would... With all due respect to you and the rest of the
Commission, I would rather not have our hands tied in that respect, because I think that, to be
quite honest with you, from what I know what's going on, we'll play right into their hands. So
I'd rather have the flexibility to go in tomorrow, if I have to, to file whatever it is to get what I
need. I don't want to delay it any further.
Commissioner Regalado: OK.
Vice Mayor Gort: OK. Any further discussion?
Commissioner Regalado: Vice Mayor, the Mayor wants to be here for this vote, and he just sent
a message he's on his way. So can we hold on the vote until... or the discussion until he comes?
Just a few minutes.
Vice Mayor Gort: I don't have any problem. Does anybody...
Commissioner Hernandez: No, I don't.
Commissioner Regalado: I don't have a problem. I'm here.
Vice Mayor Gort: All right. That's the last item of the agenda.
----------------------------------------------------------------------------------------------------------------
3S. RECONSIDER / GRANT REQUEST TO NATIONAL MARINE
MANUFACTURERS ASSOCIATION, INC. TO UTILIZE PORTIONS OF
WATSON ISLAND FOR EXHIBIT / PARKING / CONCESSION SALES --
FOR 1997 MIAMI INTERNATIONAL BOAT SHOW -- SUBJECT TO
MINIMUM FEE OF $90,000 AND CLASS I PERMIT.
-------------------------------------------------------------------------------------------------
Vice Mayor Gort: We're on pocket items, right.
Commissioner Plummer: We are on pocket items. We are on pocket items?
Vice Mayor Gort: Yes, pocket items.
Commissioner Hernandez: Is there anyone here from the Liberty City HIV...
Vice Mayor Gort: Wait a minute, I think Dougherty has got a... Yes, ma'am.
Ms. Lucia Dougherty: I believe that the Law Department now has found a solution for the boat
show parking and concessionary at the Watson Island.
Vice Mayor Gort: OK, that's item number...
Mr. Alberto Ruder (Director, Parks Department): Eighteen.
Commissioner Plummer: Eighteen.
um
r
Mr. A. Quinn Jones, III. Esq. (City Attorney): Yeah, we manage. We always manage to find a
way.
Commissioner Plummer: OK, ninety thousand ($90,000) dollars minimum, plus sales tax.
Mr. Ruder: Right.
Vice Mayor Gort: There's a motion. Is there a second?
Commissioner Plummer: So moved.
I
Commissioner Hernandez: Second.
i
Mr. Jones: Class I, special permit.
Commissioner Plummer: Subject to them getting a Class I permit.
` Mr. Jones: One special permit.
Commissioner Plummer: Special Class I permit. Is that right?
Ms. Dougherty: That is acceptable. I just want to make one caveat. This year we can pay
ninety thousand ($90,000) because we are going to use certain properties that are also included
in the Parrot Jungle. I just want to make a caveat. That may not be the case next year, and we
therefore may have to reduce the fee next year.
Commissioner Plummer: Next year we'll get more.
Vice Mayor Gort: Thank you. Any further discussion? Being none, all in favor signify by
saying "aye."
The Commission (Collectively): Aye.
Vice Mayor Gort: Unanimous.
124 November 21, 1996
rid
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-855
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE USE OF THOSE
PORTIONS OF WATSON ISLAND DEPICTED IN EXHIBIT "A", ATTACHED
HERETO AND MADE A PART HEREOF, BY NATIONAL MARINE
MANUFACTURERS ASSOCIATED, INC. ("NMMA"), FOR PARKING AND
CONCESSION, IN CONNECTION WITH THE 1997 INTERNATIONAL BOAT
SHOW TO BE HELD FEBRUARY 13-19, 1997, SUBJECT TO NMMA OBTAINING
A CLASS I SPECIAL PERMIT; ESTABLISHING A SPECIAL FEE IN THE
AMOUNT OF $90,000 FOR SAID USE; AND AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE DIRECTOR OF THE DEPARTMENT OF PARKS
AND RECREATION TO ISSUE A PARK PERMIT, IN SUBSTANTIALLY THE
ATTACHED FORM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS:
ABSENT:
None.
Mayor Joe Carollo
----------------------------------------------------------------------------------------------------------------
36. APPROVE AMENDMENT TO MANAGEMENT AGREEMENT BETWEEN
LATIN AMERICAN GOURMET RESTAURANT AND CITY WITHIN 30
DAYS FROM THIS APPROVAL.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: Pocket items.
Commissioner Plummer: A resolution approving the attached amendment to the management
agreement between Latin American Gourmet Restaurant and the City of Miami provided the
amendment is executed within 30 days from the approval in a form acceptable to the City
Attorney. I so move.
Vice Mayor Gort: It's a pocket item. Is there a second?
Commissioner Hernandez: I'll second it if... I'd just like to ask the City Attorney if I have a
conflict to vote on this. I've represented Latin American pro bono about, I guess, almost two
years ago.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Commissioner, unless you presently have a
pecuniary gain or financial stake in this, you don't have a conflict of interest.
125 November 221, 1996
Commissioner Hernandez: I do not. So I can vote on it.
Mr. Jones: Yes.
Commissioner Hernandez: I second the motion.
Vice Mayor Gort: It's been moved and seconded. Discussion.
Commissioner Regalado: Vice Mayor, that's one of the properties that we saw in the paper on
Sunday...
Commissioner Plummer: Correct.
I Commissioner Regalado: And I was wondering if Mr. Rodriguez could give us some
information as to where the City stands.
Mr. Eduardo Rodriguez (Director, Asset Management): Yes, sir. It will be my pleasure.
Vice Mayor Gort: And most important, you explain how those contracts were achieved.
{ Mr. Rodriguez: OK. We have an existing contract and a permit that we give to them to finish on
December 1st, the construction. The contract that we have at this point is deficient in certain
areas. In exchange for the extension that he's asking, we are asking for certain modifications to
the contract that we have. That we correct the deficiencies that we feel that we have to do. So
on top of that, he's spent already two hundred and fifty thousand dollars ($250,000) on these
facilities. If we take it over, we are going to have to spend a substantial amount of money to put
it back as a park. So I think it's a fair... you know. It's a fair request from this gentleman and I
think we should... Our recommendation is that we comply with that request. We give them an
extension of up to June. I think June 1st, that is what they are requesting. We are asking him to
put three thousand dollars ($3,000) as a... in cash after the construction is finished, and we don't
have that in the language. We are asking him to put a letter of credit right now of two hundred
and twenty-five thousand. That if he fails to construct by June 1st, we can take it over and finish
the restaurant. On top of that, we are putting a tax liability on the tenant, now we have it. The
City has it. We are putting everything that we are missing in the 1992 contract.
Commissioner Regalado: But are we voting on the new contract, or the old?
Mr. Rodriguez: It's the same contract, sir. It's just a modification.
Commissioner Regalado: But is it done already?
Mr. Rodriguez: Yes. The contract is done since 1982. It's a modification to the contract, in
exchange for the extension that he's asking.
Commissioner Regalado: And the rental?
Mr. Rodriguez: The rental is basically... He has the minimum of seven hundred and fifty dollars
($750) or 15 percent. We are adding also CPI (Consumer Price Index) increases in the minimum
that we didn't have before. So we are cleaning house tremendously in this contract.
Vice Mayor Gort: Also, I would like you to add the... My understanding is, because four of us
were not here when that was done, that that was a competitive bid contract.
126 November 21, 1996
[A
Mr. Rodriguez: It was.
Vice Mayor Gort: OK.
Mr. Rodriguez: And we have actually five proposals. One only, only one was recommended by
the panel. So...
Vice Mayor Gort: Thank you, sir. Any further discussion? All in favor, signify by saying
"aye."
The Commission (Collectively): Aye.
j Vice Mayor Gort: Unanimous.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-856
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 "AREA"), 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 $225,000 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, AND
INCREASE TO THE MINIMUM ANNUAL PAYMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Joe Carollo
127
November 21, 1996
----------------------------------------------------------------------------------------------------------------
37. PROVIDE FOR CLOSURE OF DESIGNATED STREETS / ESTABLISH
PEDESTRIAN MALL SUBJECT TO REQUIRED PERMITS FURTHER
ESTABLISH AN AREA PROHIBITED TO RETAIL PEDDLERS DURING
KING ORANGE BOWL JAMBOREE PARADE ON DECEMBER 28, 1996.
Commissioner Plummer: Mr. Mayor, Vice Mayor. This one is the one we do every year in
reference to the Orange Bowl Parade. (Read Resolution into Public Record) I so move.
Vice Mayor Gort: There is a motion, is there a second?
Commissioner Regalado: Second.
Vice Mayor Gort: Discussion? Being none, all in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-857
A RESOLUTION RELATED TO THE KING ORANGE BOWL JAMBOREE PARADE
TO BE CONDUCTED BY THE ORANGE BOWL COMMITTEE, INC. (THE
COMMITTEE) ON DECEMBER 28, 1996, PROVIDING FOR THE CLOSURE OF
DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC AND
ESTABLISHING A PEDESTRIAN MALL SUBJECT TO THE ISSUANCE OF
REQUIRED PERMITS BY THE POLICE DEPARTMENT AND OTHER
DEPARTMENTS REGULATING SUCH EVENTS; FURTHER ESTABLISHING AN
AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF THE
EVENT; SUBJECT TO AND CONTINGENT UPON THE COMMITTEE'S
COMPLIANCE WITH SUCH CONDITIONS AND LIMITATIONS AS MAY BE
PRESCRIBED BY THE CITY OF MIAMI, INCLUDING OBTAINING INSURANCE
TO PROTECT THE CITY IN AN AMOUNT AND FORM AS PRESCRIBED BY THE
CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
128 November 21, 1996
Low
d�
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Joe Carollo
----------------------------------------------------------------------------------------------------------------
38. ACCEPT BID OF INTERCONTINENTAL HOTEL FOR HOTEL
ACCOMMODATION SERVICES DURING HEMISPHERIC HEALTH
MINISTERS CONFERENCE-- FOR INTERNATIONAL TRADE BOARD --
ALLOCATE FUNDS ($26,014.87 FROM PRIVATE SECTOR SPONSORS).
Commissioner Plummer: The final one I have, Mr. Vice Mayor is one that is not tax dollars.
This is money to be given to the Intercontinental Hotel from the seminar which raised the
money. It is a direct payment to them from the ITB (Internation Trade Board) funds for the
seminar. It is not a dollar out of the City funds. I so move.
Vice Mayor Gort: Moved. Is there a second?
Commissioner Hernandez: Second.
Vice Mayor Gort: Moved and second. Discussion? Being none, all in favor signify by saying
"aye."
The Commission (Collectively): Aye.
129 November 21, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-858
A RESOLUTION ACCEPTING THE BID OF THE INTERCONTINENTAL HOTEL,
TO PROVIDE HOTEL ACCOMMODATIONS AND SERVICES FOR THE
INTERNATIONAL TRADE BOARD ("ITB"), FOR A THREE (3) DAY PERIOD
DURING THE HEMISPHERIC HEALTH MINISTERS CONFERENCE, AT A TOTAL
PROPOSED AMOUNT OF $26,014.87; ALLOCATING FUNDS THEREFOR FROM
PRIVATE SECTOR SPONSORSHIPS; FURTHER, AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR SAID SERVICES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Joe Carollo
----------------------------------------------------------------------------------------------------------------
39. AUTHORIZE CITY MANAGER TO MARKET 23 NEW SINGLE FAMILY
HOMES DEVELOPED AT SAINT HUGH OAKS CONDOMINIUM PROJECT
IN COCONUT GROVE. FURTHER, VICE MAYOR GORT REQUESTS
STATUS REPORT ON THE ST. HUGH OAKS PROJECT.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Do you want the manager's now, or do you not want the manager's?
Vice Mayor Gort: Might as well. I'll like to do all the reading, go ahead.
Commissioner Plummer: (Read Resolution into the Public Record) I so move.
Vice Mayor Gort: Moved, is there a second.
Commissioner Hernandez: Second.
Vice Mayor Gort: All in favor signify by saying "aye."
The Commission (Collectively): Aye.
130 November 21, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-859
A RESOLUTION AUTHORIZING THE CITY MANAGER TO MARKET AND
CONVEY TO QUALIFIED PROSPECTIVE HOME BUYERS TWENTY -three (23)
NEW SINGLE FAMILY HOMES DEVELOPED AT THE CITY -SPONSORED SAINT
HUGH OAKS CONDOMINIUM PROJECT LOCATED IN THE COCONUT GROVE;
FURTHR AUTHORIZING THE CITY MANAGER TO EXECUTE ALL THE
NECESSARY DOCUMENTS, INCLUDING, BUT NOT LIMITED TO WARRANTY
DEEDS, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, FOR THE
MARKETING AND CONVEYANCE OF SUBJECT HOMES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS:
ABSENT:
None.
Mayor Joe Carollo
Vice Mayor Gort: Now, on...
Unidentified Speaker: The Manager...
Vice Mayor Gort: I'd like to get a report on this because as you recall, there was a nonprofit
organization corporation where Commissioner Dawkins was the president and I was the
secretary of that corporation. Check the documents.
Commissioner Plummer: ... take any of the documents... they all are.
Mr. Elbert Waters (Director, NET/Community Development): Yes, sir. Vice Mayor, you are
speaking about the Condominium Association.
Vice Mayor Gort: Condominium Association, yes.
Mr. Waters: The administration has requested the establishment of a meeting for the board of
which you and that vacant position is there. We need to have that meeting so that certain other
business of the corporation could take place.
Vice Mayor Gort: So do you need from this Commission to name someone else to represent...
Mr. Waters: Naming someone also to represent a replacement of the former Commissioner
` Miller Dawkins. And secondly, to establish a date and time certain as it relates to having that
Condominium Association meeting.
Vice Mayor Gort: Will you prepare the documentation so that we can have that the next board
meeting and appoint someone?
131 November 21, 1996
Mr. Waters: Yes, sir.
Vice Mayor Gort: Thank you.
----------------------------------------------------------------------------------------------------------------
40. DISCUSS REQUEST TO WAIVE $286.18 FEES AT HADLEY PARK RE
LIBERTY CITY HIV AIDS INITIATIVE PROGRAM -- HEALTH
FESTIVAL -- DONATION OFFER FROM ANGEL GONZALEZ FROM THE
ALLAPATTAH CHAMBER OF COMMERCE.
Vice Mayor Gort: Pocket item. Anyone else. Commissioner Hernandez, pocket item?
Commissioner Hernandez: Yes. My office was contacted by a United States Congresswoman
Meek, this past week. In reference to this Liberty City HIV Aids Initiative Program. Basically,
what they were requesting is if we could help them and assist them in waiving the fees. The total
amount was two hundred and eighty-six dollars and eighteen cents ($286.18). Basically, this is
the last health festival for the 1996 year to be held November 23, 1996 at Hadley Park. As we
all know, the largest percentage of HIV infected people are African Americans in the City of
Miami and Dade County. I think education is one of the biggest means we can have to fight the
HIV virus here in Dade County. I strongly believe in this Initiative Program and I wanted... I
know that right now, we are turning down all types of waivers of fees. If we can't waive it, my
question was whether I can from out of my own budget in my office, pay for these fees and that
was my whole question. That's my pocket item.
Vice Mayor Gort: I'd like the Manager to answer that. But my understanding... I don't know if
we have that.
Commissioner Plummer: We don't have...
Vice Mayor Gort: You don't much to do so. But I think that this amount you can pick from
anybody within the private sector.
Commissioner Plummer: It's the minimal.
Vice Mayor Gort: And I'll work with you on that. It's a minimum amount. I think we can...
Commissioner Plummer: What's the...
Vice Mayor Gort: We made a commitment that we're not going to be waiving any fees. So...
Commissioner Hernandez: Right. That's why I brought it up. Not really to waive, I knew that
that was our position of the Manager and of the Commission. So my question was, and I think I
have my answer that it cannot come out of my operating budget. Correct?
Commissioner Plummer: We do not have monies for that. I would say, if you spoke to Lucia
Dougherty she would help you raise this four or five hundred ($400 or $500) dollars without any
question.
Commissioner Hernandez: Well, it's only two eighty six ($286), Lucia.
132
November 21, 1996
IL�
Vice Mayor Gort: It's only two eighty-six ($286). I am sure she will be able to do it.
Commissioner Hernandez: Two hundred and eighty-six ($286) dollars.
Commissioner Plummer: I bet if you ask her real nice she will help you raise that money.
Ms. Lucia Dougherty: (INAUDIBLE COMMENTS)
Commissioner Plummer: I didn't say write a check, cash.
Commissioner Regalado: We have some appointments.
Commissioner Hernandez: Two hundred and eighty-six ($286.18) dollars and eighteen cents.
Vice Mayor Gort: We'll help in that.
- Commissioner Hernandez: OK.
Commissioner Plummer: Al, will do half of it.
Commissioner Hernandez: Thank you.
Vice Mayor Gort: I think you've got a volunteer. Go ahead, sir.
a Mr. Angel Gonzalez: Excuse me. I will like to offer the assistance of the Allapattah Chamber of
Commerce in a commitment to take care of those two hundred dollars.
Vice Mayor Gort: Thank you, sir.
Commissioner Hernandez: Thank you very much, Mr. Gonzalez. I appreciate it.
Vice Mayor Gort: Thank you, sir. Appreciate it.
Commissioner Plummer: You are a gentleman, a scholar and a taster of fine...
----------------------------------------------------------------------------------------------------------------
41. FIRST READING ORDINANCE: ADD NEW CODE SEC. 37-72, TO
PROHIBIT DELIVERY OF BUILDING MATERIALS VALUED IN EXCESS
OF $500 WITHIN CITY UNLESS THE NUMBER OF THE BUILDING
PERMIT IS INCLUDED IN PURCHASE ORDER FOR SAID MATERIALS.
Vice Mayor Gort: OK, what other emergency here? This is yours.
Commissioner Plummer: What, this is mine?
Vice Mayor Gort: Yeah.
Commissioner Plummer: To my colleagues on the City Commission you have seen this
ordinance which I talked about this morning. I'd like to pass it on first reading. And then we'll
have it for second. No, I want first reading. I don't want it to say anybody, I rammed this thing
through. (Read ordinance into the publci record) I so move.
133 November 21, 1996
Commissioner Regalado: Second.
Vice Mayor Gort: There is a second. Discussion.
Commissioner Regalado: Yes. Are we going to notify, not only those businesses within the City
of Miami but in Dade County. Because some people may buy some materials in Home Deport
or...
Commissioner Plummer: Yeah. I think it has to be advertised. We are going to have a second
reading, that's why I didn't want to do it on an emergency basis. Where people will have the
opportunity to discuss the issue and a second reading will be a public notice.
Commissioner Regalado: No, but what I am saying J.L. is that if the City will be the one, not
through the media. But directly notifying the different businesses that this has been approved
when it's approved on second reading, and it is the law of the City of Miami.
Commissioner Plummer: I'll ask the administration to work that one out.
Mr. A. Quinn Jones, III (City Attorney): They can. Commissioner, to answer your question.
They can... Various sources can be notified but do keep in mind that it's their responsibility to
know what the law is, but we'll assist them in that regard in making sure that they get to the
largest extent possible, notice of the new regulation.
Commissioner Plummer: You know one of the things it's going to do is, under our present laws
today, people who have a building permit must make it visible from the street. So as an
inspector drives by, if he sees construction, will know that they have a permit. I don't think 20
percent of the people have their permits visible where the inspector doesn't have to get out of his
car. Does not have to go over and to in fact check to see whether there is a permit on the job.
This will make it mandatory.
Vice Mayor Gort: OK. Is there any further discussion? Being none, all in favor, or it is...
Commissioner Plummer: Aye.
Vice Mayor Gort: You read it?
Commissioner Plummer: Yeah.
Mr. Jones: Yeah.
Vice Mayor Gort: Roll call.
An Ordinance entitled -
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, BY ADDING A NEW SECTION 37-72, THEREBY PROHIBITING
THE DELIVERY WITHIN THE CITY OF MIAMI OF BUILDING MATERIALS
VALUED IN EXCESS OF $500.00, UNLESS THE NUMBER OF THE BUILDING
PERMIT REQUIRED PURSUANT TO SEC. 301 OF THE SOUTH FLORIDA
BUILDING CODE IN INCLUDED IN THE PURCHASE ORDER FOR SAID
MATERIAL AND READILY AVAILABLE FOR INSPECTION BY CITY AGENTS;
PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR AN
REPEALER PROVISION, A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE.
134 November 21, 1996
was introduced by Commissioner Plummer, seconded by Commissioner Regalado, and
was passed on first reading, by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Joe Carollo
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
--------------------------- -----
{ 42. (A.) AUTHORIZE APPROVAL OF EMERGENCY PURCHASE OF PHONE
DROPS AND MODEMS FOR MIAMI RIVERSIDE ENTER $6,504 AND
$140 -- FURTHER AUTHORIZE $4,320 TO COVER MONTHLY LINE
ACCESS CHARGES FOR PHONE LINES -- ALLOCATE FUNDS FROM HUD
GRANT FUNDS.
(B.) AUTHORIZE PAYMENT OF STATE RECERTIFICATION FEES FOR
PARAMEDICS AND EMERGENCY MEDICAL TECHNICIANS -- FOR FIRE
RESCUE -- ALLOCATE FUNDS ($12,960 AND $6,380).
----------------------------------------------------------------------------------------------------------------
Vice Mayor Gort: We've got appointments.
Mr. Edward Marquez (City Manager): Mr. Vice Mayor, I have two pocket items on an
emergency basis.
Vice Mayor Gort: I am sorry, go ahead. OK, the first item is the approval of an emergency
purchase and installation of phone drops and modems for the Miami Riverside Center in the
amount of six thousand five hundred and four ($6,504) dollars and one hundred and forty ($140)
dollars respectively. Also a third purchase for the amount of four thousand three hundred and
twenty ($4,320) dollars will cover the monthly line access charges for the phone lines. These
j three purchases will be funded by grants from U.S. HUD (United States Housing and Urban
Development). The second item I have is a payment of State recertification fees for paramedics
and emergency medical technicians in the department of Fire and Rescue, in the amount of
twelve thousand nine hundred and sixteen ($12,916) dollars and six thousand three hundred and
eighty ($6,380) dollars respectively.
Commissioner Plummer: So move.
Vice Mayor Gort: It's been moved. Is there a second?
Commissioner Regalado: Second,
Vice Mayor Gort: Any discussion. Any discussion? Being none, all in favor signify by saying
..aye
}
135 November 21, 1996
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-860
A RESOLUTION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, AUTHORIZING THE ACQUISITION
AND INSTALLATION OF COMPUTER EQUIPMENT, MODEMS AND
- PERIPHERALS FROM UNISYS CORPORATION, UTILIZING EXISTING STATE
OF FLORIDA CONTRACT NO. 250-040-096-1; WAIVING THE REQUIREMENTS
FOR COMPETITIVE SEALED BIDS AND AUTHORIZING THE ACQUISITION OF
TELEPHONE DROPS AND LINES FROM BELL SOUTH FOR THE DEPARTMENT
OF COMMUNITY DEVELOPMENT/NET, AT A TOTAL PROPOSED COST OF
$10,964.00; ALLOCATING FUNDS THEREFOR FROM COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS, ACCOUNT NOS. 459015-340799201
($3,964.00), 590317-840-113008 ($1,500.00), 590317-880-113008 ($1,500.00), 590604-
270-194004 ($2,000.00) AND 630101-340-198000 ($2,000.00); AUTHORIZING THE
i CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE PURCHASE ORDERS FOR SAID ACQUISITIONS AND INSTALLATION.
(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
f by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
- NAYS: None.
ABSENT: Mayor Joe Carollo
I
i
Vice Mayor Gort: Unanimous.
Mr. Walter J. Foeman (City Clerk): Excuse me, I think we have to have two separate roll calls.
There were two issues.
Vice Mayor Gort: Right. That was for the first one. Second one.
Commissioner Plummer: Yeah, I move the second.
Vice Mayor Gort: Move the second.
Commissioner Regalado: Second.
Vice Mayor Gort: Hearing no discussion, all in favor signify by saying "aye."
The Commission (Collectively): Aye.
136 November 21, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-861
A RESOLUTION APPROVING PAYMENT OF STATE OF FLORIDA
RECERTIFICATION FEES FOR PARAMEDICS, IN THE AMOUNT OF $12,960.00,
AND EMERGENCY MEDICAL TECHNICIANS, IN THE AMOUNT OF $6,380.00;
ALLOCATING FUNDS THEREFOR, IN THE TOTAL AMOUNT OF $19,340.00,
FROM THE BUDGET OF THE DEPARTMENT OF FIRE -RESCUE, ACCOUNT NO.
280201-335.
(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 Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Joe Carollo
Vice Mayor Gort: OK, 5.1.
Commissioner Plummer: Oh, we're going. Oh, Oh. I gave that agenda away.
Vice Mayor Gort: Appointments. Five one. You already have my appointments.
Mr. Walter J. Foeman (City Clerk): Yes, I already have Vice Mayor Gort's appointments.
Commissioner Hernandez: I'd like to defer my appointments until December the 12th.
Vice Mayor Gort: OK. Commissioner Plummer.
Commissioner Regalado: I have...
Commissioner Plummer: I don't have them, I don't think. But move on and I'll come back to it.
Vice Mayor Gort: Commissioner Regalado.
Commissioner Regalado: I have it. I have it. I have for the Latin Quarter Review Board,
Manuela Calvo. For... You want to vote one by one?
Commissioner Hernandez: Isn't this is only for the...?
Mr. Foeman: This is just five point one, the Federal...
Commissioner Hernandez: The federal enterprise.
Vice Mayor Gort: No, no. This is only for the Federal Enterprise.
137 November 21, 1996 r
i
i
Commissioner Regalado: Well. Oh, I am sorry. The Waterfront you're talking...
Commissioner Regalado: Oh, I am sorry. The Waterfront deferred in my case.
Commissioner Plummer: Where are we on Willy?
-43. APPOINT ANITA RODRIGUEZ-TEJERA, HERB BAILEY, MARTY URRA,
AGUSTIN DOMINGUEZ TO SERVE ON AFFORDABLE HOUSING
ADVISORY BOARD.
----------------------------------------------------------------------------------------------------------------
j Vice Mayor Gort: OK. Five two.
l Commissioner Plummer: Five two?
Vice Mayor Gort: The appointment, Affordable Housing.
y pP � . g
Commissioner Plummer: I don't...
Mr. Walter J. Foeman (City Clerk): We need three at large appointments for the Affordable
Housing from the Commission.
Commissioner Plummer: Are there any names recommended?
Vice Mayor Gort: At large I'll recommend Anita Tejon Rodriguez. You need two more?
Mr. Foeman: Yes, we do.
i
Vice Mayor Gort: Walter, are we reappointing everyone?
Mr. Foeman: For this particular board, no. The Commission at large, we have three at large
! appointments. One is by category, labor engaged in home building. And the other two was the
citizens.
Vice Mayor Gort: I understand. But our previous appointments was... did not have to be
reappointed, do they?
Mr. Foeman: No.
Vice Mayor Gort: OK. So we're talking about reappointing at large.
Commissioner Plummer: Well, move it out till the next meeting.
Vice Mayor Gort: Well, I recommended. There's three that they're recommending. Marty
Urra, Agustin Dominguez and Anita Tejon Rodriguez. I don't know if you'd like to consider
those.
Commissioner Hernandez: OK. Can I continue the appointment of the Reverend Dunn with
Herb Bailey.
138 November 21, 1996
Mr. Foeman: This is Affordable Housing Advisory Committee.
Commissioner Hernandez: Well, I have here that Reverend Dunn had appointed Herb Bailey, is
that?
Mr. Foeman: Yes, he had previously appointed Herb Bailey.
Commissioner Hernandez: So, I'd like to appoint Herb Bailey.
Mr. Foeman: Sure, OK.
Commissioner Hernandez: OK.
Vice Mayor Gort: How about at large?
Commissioner Plummer: Well the three that are here at all at large.
Vice Mayor Gort: The three that are here they have been at work at it for a long time. And my
understanding is, they've done a good job in there.
Commissioner Plummer: Then let them... Then, I'll move all three names.
Vice Mayor Gort: OK, it's been moved. Is there a second?
Commissioner Hernandez: Second.
Vice Mayor Gort: There's a second. Any further discussion? Being none, all those in favor
signify by saying "aye."
The Commission (Collectively): Aye.
139
November 21, 1996
The following resolution and motion were introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 96-862
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE CITY OF MIAMI AFFORDABLE HOUSING ADVISORY
COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
MOTION NO. 96-862.1
A MOTION CONFIRMING THE APPOINTMENT OF ANITA TEJON RODRIGUEZ-
TEJERA AS A MEMBER (CITIZEN CATEGORY) OF THE CITY OF MIAMI
AFFORDABLE HOUSING ADVISORY COMMITTEE.
Upon being seconded by Commissioner Hernandez, the resolution and motion were
passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Joe Carollo
---------------------------------------------=------------------------------------------------------------------
44. APPOINT LORENZO RODRIGUEZ, CHARLES FLOWERS, TO SERVE ON
FEDERAL ENTERPRISE COMMUNITY COUNCIL.
Commissioner Plummer: Can I go back to five one?
Vice Mayor Gort: You're going to five one.
Commissioner Plummer: If I may, go back to that?
Vice Mayor Gort: Yes, sir. Go right ahead.
Commissioner Plummer: On five one in Allapattah, Luis de Rosa, president of the Puerto Rican
Chamber of Commerce wants to serve. And I would assume that that is Wynwood. That's my
appointment there.
Vice Mayor Gort: I think he's been appointed already.
Commissioner Plummer: Has he already been?
140 November 21, 1996
Vice Mayor Gort: Yes, sir.
Commissioner Plummer: Lorenzo...
Commissioner Regalado: I have one for five one.
Commissioner Plummer: ... Rodriguez of Edgewater would be which one of the Allapattah
area? Lorenzo Rodriguez, I will put him in as my appointment there. And the others, I will have
to come back on, thank you.
Vice Mayor Gort: Yes, sir.
Commissioner Regalado: Ah, this is five one, right?
Vice Mayor Gort: Five one.
Commissioner Plummer: Yeah.
Commissioner Regalado: OK. For the Overtown area, Charles Flowers. The other ones I will
have to defer.
Vice Mayor Gort: Commissioner Hernandez.
Commissioner Hernandez: I'd like to defer until December the 12th.
Vice Mayor Gort: OK.
Vice Mayor Gort: Are we on five four now?
Mr. Walter J. Foeman (City Clerk): Can we get a roll call. A move and a second.
Vice Mayor Gort: It's been moved and second. All in favor signify by saying "aye."
Commissioner Plummer: What was the name? What was the name?
Vice Mayor Gort: He's deferred.
Commissioner Plummer: Oh.
141 November 21, 1996
r
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-863
A RESOLUTION NOMINATING CERTAIN INDIVIDUALS TO REPRESENT THE
NEIGHBORHOODS OF ALLAPATTAH, LITTLE HAVANA, MODEL CITY,
OVERTOWN AND WYNWOOD, FROM WHICH SAID NOMINEES, ALONG WITH
THOSE NOMINEES PROFERRED PURSUANT TO RESOLUTION NO. 96-573 ON
JULY 25, 1996, THE BOARD OF COUNTY COMMISSIONERS WILL SELECT TWO
INDIVIDUALS FORM EACH NEIGHBORHOOD TO SERVE ON THE FEDERAL
ENTERPRISE COMMUNITY COUNCIL.
(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 Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Joe Carollo
Vice Mayor Gort: We're on five three. Audit Committee. We reappointed these individuals?
Once again...
Mr. A. Quinn Jones, III, Esq. (City Attorney): One is for... One if for the Mayor's appointment.
Mr. Walter J. Foeman (City Clerk): There are two appointments that are needed. The Mayor
has two and one also by Commissioner Regalado.
Commissioner Regalado: I'll defer mine.
Mr. Jones: Well, Commissioner Hernandez says...
Commissioner Hernandez: OK.
Vice Mayor Gort: ... Commissioner Hernandez says...
Mr. Jones: Yeah.
Commissioner Hernandez: I have one to, but...
Mr. Foeman: Well, he said he was going to defer to the December meeting.
Commissioner Hernandez: Yeah.
142 November 21, 1996
--------------------------------------------------------------------------------------------
45. APPOINT STANLEY GETTIS TO SERVE ON BUDGET AND FINANCES
REVIEW COMMITTEE.
Vice Mayor Gort: OK. Five four.
Commissioner Plummer: This is Regalado and Hernandez.
Commissioner Regalado: I have one, Stanley Gettis.
Commissioner Hernandez. I am deferring.
Mr. Walter J. Foeman (City Clerk): Yeah.
Vice Mayor Gort: Five, five. The appointment is the Citywide Development Advisory Board.
Mr. Walter J. Foeman (City Clerk): Can we get a motion on that one, Vice Mayor?
Vice Mayor Gort: So moved.
Commissioner Plummer: Yeah.
Commissioner Hernandez: Second.
Vice Mayor Gort: Any discussion? Being none, all in favor signify by saying "aye."
The Commission (Collectively): Aye.
143 November 21, 1996
R�-
�A-
g�
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-864
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF
THE BUDGET AND FINANCES REVIEW COMMITTEE 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 Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Joe Carollo
----------------------------------------------------------------------------------------------------------------
46. DEFER CONSIDERATION OF CERTAIN POLICY GUIDELINES IN
CONNECTION WITH SOCIAL SERVICES AND ADMINISTRATION FOR
COMMUNITY DEVELOPMENT BLOCK GRANT FUND ALLOCATION; --
FURTHER RECOMMEND THAT 15 PERCENT BE ALLOCATED FOR
SOCIAL SERVICES AND 20 PERCENT BE ALLOCATED FOR
ADMINISTRATIVE PURPOSES.
----------------------------------------------------------------------------------------------------------------
Mr. Edward Marquez: Mr. Vice Mayor.
Vice Mayor Gort: Yes.
Mr. Marquez: I passed out a memorandum during the break regarding the allocation of
Community Development Block Grant (CDBG) funds on into the future. I am requesting that
the board move, make a motion expressing its intent to allocate the 23rd year of CDBG funds in
a manner that would benefit the City's fiscal crisis. Bert, you can come up and discuss this
thing. There are certain things that we can do with the CDBG funds to alleviate our...
NOTE FOR THE RECORD: Mayor Joe Caroiio entered the
Commission meeting at 4:00 p.m.
Mr. Elbert Waters (Director, NET/Community Development): Yes, sir. Commissioners. The
proposal would be for this formalized motion to do three things. One the allocation of 15
percent our Community Development Block grant funds for public services would remain intact.
144
November 21, 1996
r
And those public services dollars would be for food, for child care and transportation for the
elderly. Those are various different social service programs. The second one is 20 percent
would be utilized again, for the administration of the actual program. Inclusive in that would be
one point two million ($1,200,000) dollars that is used to provide the City with inkind direct
cost. In other words, what we call indirect services to administrative programs. Thirdly, the
balance which would be approximately 65 percent of the grant, which totals approximately eight
point six million ($8,600,000) dollars would be utilized to target those priorities that this City
' Commission would be recommending for approval. And so the motion speaks to that effect.
Vice Mayor Gort: OK, would someone like to make the motion? If you will recall, it's part of
the department's staff to... I am sorry, Mayor Carollo.
Mayor Carollo: Go ahead, Vice Mayor...
Vice Mayor Gort: We instructed the staff to go back and see what CDBG funds could be used
for the City, ... should be done so. And I think this is what the ordinance is doing. Do I have a
l motion?
1 Commissioner Plummer: Mr. Vice Mayor, I would move to defer until the meeting of December
the 5th, at which time we will be discussing all issues relating to dollars and I think it's
appropriate that we should deal with this issue at that time.
Mayor Carollo: There is a motion, is there is a second?
1
Vice Mayor Gort: Second.
I
i Mayor Carollo: There is a second. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 96-865
A MOTION DEFERRING TO DECEMBER 5, 1996, CONSIDERATION OF
CERTAIN POLICY GUIDELINES IN CONNECTION WITH SOCIAL SERVICES
AND ADMINISTRATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT
FUND ALLOCATION; FURTHER RECOMMENDING THAT AN AMOUNT OF 15
PERCENT MAY BE ALLOCATED FOR SOCIAL SERVICES AND 20 PERCENT
l
MAY BE ALLOCATED FOR ADMINISTRATIVE PURPOSES.
Upon being seconded by Vice Mayor Gort, the motion was passed and adopted by the
i following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
145 November 21, 1996
----------------------------------------------------------------------------------------------------------------
47. APPOINT DOROTHY QUINTANA, IRBY MCNIGHT, RAISA FERNANDEZ
TO SERVE ON CITYWIDE COMMUNITY DEVELOPMENT ADVISORY
BOARD -- COMMISSIONER PLUMMER CALLED FOR ANOTHER
ELECTION AT EDISON-LITTLE RIVER TARGET AREA.
Vice Mayor Gort: We're on five five, now.
Mayor Carollo: We're on five, five?
Commissioner Plummer: I nominate Dorothy Quintana for Wynwood. Five, five right?
Commissioner Hernandez: I am going to nominate Irby McKnight and I'm going to defer on the
second appointment.
Commissioner Plummer: You've got a problem. No, you don't. Joe, you have an appointment.
Mayor Carollo: Yeah, I have I believe, let's see. There's one that I have here or two?
Mr. Foeman: You have one, Mr. Mayor.
Mayor Carollo: I am going to name Raisa Fernandez.
Commissioner Plummer: I move the names submitted be approved.
Vice Mayor Gort: Second.
Mr. Foeman: We have one more target area. There was a tie vote in Edison, Little River. The
Commission can appoint someone.
Vice Mayor Gort: Isn't that by election?
Mr. Foeman: Yeah, they did that by election but there was a tie vote. So the Legal Department
has opined that the Commission may either appoint someone or go out for another election.
Commissioner Plummer: Send it out to another election. I'll move.
Mayor Carollo: There's a motion. Is there a second?
Vice Mayor Gort: Second.
Mayor Carollo: There is a second. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
146 November 21, 1996
rA
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-866
A RESOLUTION APPOINTING AND 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.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
48. APPOINT SILVIA MORALES CEJAS AND JACK KING TO SERVE ON
COCONUT GROVE STANDING FESTIVAL COMMITTEE.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Five -six. Has Commissioner Regalado filled his...?
Commissioner Regalado: Coconut Grove Standing Festival Committee?
Mayor Carollo: Right.
Mr. Walter J. Foeman (City Clerk): Yes. That's one appointment.
Commissioner Regalado: Yes. Yes,1 have an appointment. Silvia Morales Cajas.
Mayor Carollo: Has Commissioner Hernandez named...?
Commissioner Hernandez: I am deferring until December.
Mayor Carollo: You're deferring. OK, that's fine.
Vice Mayor Gort: I'll like to ask you a question on this one? I am only allowed to have two?
Everybody else has four and five. How does that work?
Commissioner Plummer: Willy, we're on five six, not five seven.
Mayor Carollo: We're on the Coconut Grove Standing Festival Committee.
147 November 21, 1996
i
r�.
Vice Mayor Gort: Well, I'm sorry about that. I am ahead of you guys. Sorry.
Commissioner Plummer: Yeah, I've got one name.
Mayor Carollo: My appointment before on this one was Jack King, which... that's why I asked
Commissioner Regalado if he had named someone else or not. I see Jack back here. Jack, do
you still want to serve on that committee? OK, then I will rename Jack King to that
appointment.
Commissioner Plummer: I move that the names surrendered be accepted and approved. I am
not sure about Jack King but...
Vice Mayor Gort: I know I....
Commissioner Plummer: Yeah, that's questionable.
Vice Mayor Gort: Second.
Mayor Carollo: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: OK.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-867
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE COCONUT GROVE STANDING FESTIVAL COMMITTEE
FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
148 November 21, 1996
----------------------------------------------------------------------------------------------------------------
49. APPOINT JEAN WHIPPLE AND KELLY MILLETT TO SERVE ON
COMMISSION ON STATUS OF WOMEN -- REMOVE MONNA LIGHTS.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: We're at five eight.
Commissioner Plummer: Five seven.
Commissioner Hernandez: Five seven.
Commissioner Plummer: I reappoint Dr. Rosie Tousaint as my appointment.
Mr. Walter J. Foeman (City Clerk): Commissioner Plummer, you had previously done that and
it was on the agenda we had received the memo from you to that effect. So you don't have to
reappoint her, she has already been appointed.
Commissioner Plummer: Then why do you have me on here, is that for another appointment?
Mr. Foeman: That was an error. We have verified the residency. She's a City of Miami
resident.
Commissioner Plummer: Fine. Thank you, sir.
Vice Mayor Gort: The question, Mr. Mayor. I have a question, how do these nominations
work? Because some of us have five, six. The others only have three.
Mr. Foeman: I understand that. I think the liasion is here. Initially, the Commission had
approved the names from a slate and at that time all Commissioners didn't get a chance to make
five appointments. So through attrition we, you replace members on that board. And what
they've done, they proffered a list of names, some suggested names but you aren't bound by
those, you can make your own appointments.
Vice Mayor Gort: There is one name that unfortunately has to be removed from there which is
Mona Lights.
Commissioner Regalado: OK, on five seven, I have two names. Kelly Millett and Jean
Whipple. That's the two vacancies that I have.
Mayor Carollo: Any other appointments?
Commissioner Plummer: I move that the names surrendered be approved.
Vice Mayor Gort: Second.
Mayor Carollo: There is a motion. Second by Vice Mayor Gort. All in favor signify by saying
aye.
11
The Commission (Collectively): Aye.
149 November 21, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-868
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS
AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
50. APPOINT MANUELA CALVO TO SERVE ON LATIN QUARTER REVIEW
BOARD.
i
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Five eight. On my two, I am going to defer for the December meeting.
Commissioner Regalado: I have one, five eight. Manuela Calvo.
I
Commissioner Plummer: I move the names proffered be accepted.
Mayor Carollo: There's a motion.
Vice Mayor Gort: Second.
Mayor Carollo: There's a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
150 November 21, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-869
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE LATIN QUARTER REVIEW BOARD FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
51. CONFIRM APPOINTMENTS OF INDIVIDUALS ELECTED TO SERVE ON
OVERTOWN ADVISORY BOARD: DANA BRADY, ANDERSON CURRY,
DOROTHY FIELDS, CHARLES FLOWERS, REBECCA JEFF, LARRY
JOSEY, MARY MAJOR,BALAM WELCOME.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Five nine.
Commissioner Plummer: What were the names that were... Who are the names that we are
confirming?
Mr. Walter J. Foeman (City Clerk): The names that we are confirming are Dane Braddy,
Anderson Curry, Dorothy Fields, Charles Flowers, Rebecca Jeff, Larry Josey, Mary Major and
Balam Welcome.
Commissioner Plummer: I think we have always followed their recommendation and if there is
no objection to that I'll move that those names proffered.
Mr. Foeman: This was an election, Commissioner.
Commissioner Plummer: I understand that but we are not bound by it, as I understand. But
we've normally followed their election that we've confirmed. And if no one up here has an
objection, I will move that those names proffered be accepted.
Mayor Carollo: It's moved. Is their a second?
151 November 21, 1996
4x,
A
Commissioner Hernandez: Second.
Mayor Carollo: There's a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-870
A RESOLUTION CONFIRMING THE ELECTION OF CERTAIN INDIVIDUALS TO
SERVE AS MEMBERS OF THE OVERTOWN ADVISORY BOARD FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mayor Carollo: Five ten. Regalado.
Mr. Walter J. Foeman (City Clerk): Commissioner Regalado has one appointment.
Commissioner Regalado: Ah, five nine?
Mayor Carollo: Five ten.
Mr. Foeman: Ten.
Commissioner Regalado: I defer that.
Mayor Carollo: OK, that's deferred.
152
November 21, 1996
----------------------------------------------------------------------------------------------------------------
52. APPOINT ROGER BARRETO TO SERVE ON PROPERTY AND ASSET
REVIEW COMMITTEE.
Mayor Carollo: On five eleven, my appointment would be Roger Barreto.
Commissioner Plummer: I move that the name accepted be approved.
Mayor Carollo: Moved.
Vice Mayor Gort: Second.
j Mayor Carollo: And second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-871
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF
THE PROPERTY AND ASSET REVIEW COMMITTEE FOR A TEAM AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
NAYS:
ABSENT:
Commissioner Humberto Regalado
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
None.
None.
---------------------------------------------------------------------------------------------------------------
53. DEFER APPOINMENTS TO TAX EXEMPT PROPERTY STEERING
COMMITTEE TO MEETING OF 12/12/96.
Mayor Carollo: Five twelve.
Commissioner Plummer: Joe, on five twelve there is no rush to make those appointments until
the legislature acts. And hopefully, they will act as we have requested. So if you want to make
your appointments fine, but you can wait without any problem.
153 November 21, 1996
f,.
I
Mayor Carollo: I will reserve mine for December.
Vice Mayor Gort: Regalado.
Commissioner Regalado: Oh, no. I am deferred too please.
-------------------------- --------------- -----------------------------------
! 54. APPOINT MONIQUE TAYLOR TO SERVE ON UNITY COUNCIL OF
MIAMI (TUCOM).
Mayor Carollo: We're at five thirteen.
Commissioner Plummer: Regalado.
Commissioner Regalado: We need to defer it. No, I am sorry I have an appointment, Monique
Taylor.
Mr. Walter J. Foeman (City Clerk): We need a motion on that name.
iVice Mayor Gort: Move that name.
Commissioner Plummer: Second.
Mayor Carollo: OIL. There's a motion, there's a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
{
The following resolution was introduced by Vice Mayor Gort, who moved its adoption:
RESOLUTION NO. 96-872
A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE BOARD
OF DIRECTORS OF THE UNITY COUNCIL OF MIAMI ("TUCOM") 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 Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
55. APPOINT JOHN CROOK AND MIKE BRESCHER TO SERVE ON
WATERFRONT ADVISORY BOARD.
----------------- ----------------------------------------------------------------------------------------------
Mayor Carollo: Fourteen.
Commissioner Plummer: I'd like to proffer the name for the Commission at large of Mr. John
Crook. Probably the largest marine dealer in the City of Miami.
Vice Mayor Gort: Second.
Commissioner Hernandez: I'd like to keep Mike Brescher and I'll reserve on my second
appointment.
Mr. Foeman: OK.
Commissioner Regalado: I'd like to defer mine please.
Mayor Carollo: There's a motion, there's a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
155 November 21, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-873
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
REGULAR MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS
AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
( AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
56. APPOINT CARLOS ARBOLEYA TO SERVE ON PLANNING ADVISORY
BOARD.
Mayor Carollo: OK, we're at Planning Advisory Board.
Commissioner Hernandez: I'd like. I need to readvertise, right? We need to ask you readvertise
the...
Mr. Walter J. Foeman (City Clerk): Sure. There were seven applications that we received. The
names were...
Mayor Carollo: But still he needs it to be readvertised.
Mr. Foeman: Sure.
Mayor Carollo: It's only fair that we do that to open it up for him.
Mr. Foeman: OK.
Commissioner Hernandez: I do have one from the list of the people that did apply though.
Mr. Foeman: OK.
Commissioner Hernandez: I'd like to appoint Carlos J Arboleya. And the other I'll reserve until
we readvertise.
156 November 21, 1996
Mr. Foeman: OK.
i
Mayor Carollo: OK.
Vice Mayor Gort: Move to accept the names nominated.
Commissioner Plummer: Second.
Mayor Carollo: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Mayor Gort, who moved its adoption:
RESOLUTION NO. 96-874
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
REGULAR MEMBERS AND AS AN ALTERNATE MEMBER OF THE PLANNING
i ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Regalado
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mayor Carollo: Five sixteen, I...
Commissioner Plummer: I'll defer my appointment.
Mayor Carollo: ... think you will want that to be readvertised also.
Commissioner Hernandez: Yes.
Mayor Carollo: OK. Can you readvertise it Mr. Clerk.
Mr. Walter J. Foeman (City Clerk): Sure.
1
Mayor Carollo: Anyone else would like to name anyone else.
Commissioner Plummer: I'll defer mine.
Mayor Carollo: I would do the same.
r:
157 November 21, 1996 S`
i
----------------------------------------------------------------------------------------------------------------
57. APPOINT DEBORAH VALLEDOR, LUIS ROCA, SHEILA ZEMSKY TO
SERVE ON CODE ENFORCEMENT BOARD.
Mayor Carollo: OK, we're at five seventeen.
Commissioner Plummer: I'll nominate one of mine Deborah Valledor and the second one is
Luis Roca.
Mayor Carollo: There is a motion by Vice Mayor Gort.
Commissioner Regalado: I've got one name, Sheila Zemsky.
Mayor Carollo: OK. A motion by Vice Mayor Gort. Second by Commissioner Regalado. All
in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Vice Mayor Gort, who moved its adoption:
RESOLUTION NO. 96-875
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
REGULAR MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mayor Carollo: OK. We're five eighteen.
Commissioner Hernandez: On five seventeen we need to readvertise also right, Code
Enforcement Board. So it will... away with the, I believe...
Mayor Carollo: We have to advertise the Code Enforcement Board or not?
Mr. Walter J. Foeman (City Clerk): That's the administration's item, Code Enforcement.
t
Mayor Carollo: Yeah.
Mr. Foeman: ... no.
Mayor Carollo: I don't think we do in Code Enforcement.
Commissioner Hernandez: OK.
Mayor Carollo: You could bring it back in December.
Commissioner Hernandez: All right.
-----------------------------------------------------------------------
58. APPOINT RICHARD HEISENBOTTLE AND ARTHUR KING TO SERVE ON
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD.
------------------------------------------ ---------------------------------------------------------------------
Mayor Carollo: Five eighteen.
Commissioner Hernandez: I'd like to make two appointments. Keep Richard Heisenbottle and
Arthur King.
Commissioner Regalado: I will deter mine to the 12th.
Commissioner Plummer: Move the names proffered be approved.
Mayor Carollo: Motion second by Vice Mayor Gort. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-876
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION
BOARD FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
59. APPOINT TANYA DAWKINS TO OFF-STREET PARKING BOARD.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Nineteen, who do they recommend?
Vice Mayor Gort: Nancy Dawkins.
Commissioner Plummer: Who?
Commissioner Hernandez: Tanya Dawkins.
Vice Mayor Gort: Tanya Dawkins.
Mayor Carollo: Tanya Dawkins.
Commissioner Plummer: Tanya Dawkins, I so move.
Mayor Carollo: Second by Vice Mayor Gort. All in favor signify by saying aye.
160 November 21, 1996
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-877
A RESOLUTION CONFIRMING THE APPOINTMENT OF AN INDIVIDUAL TO
SERVE AS A MEMBER OF THE OFF-STREET PARKING BOARD OF THE CITY
OF MIAMI TO SERVE THE REMAINDER OF AN UNEXPIRED TERM AS
DEISGNATED EHREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Gort, the resolution was passed and adopted by the
following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mayor Carollo: Twenty. We did that this morning.
Commissioner Plummer: Who did the Sanitation Department...
Mr. A. Quinn Jones, III, Esq. (City Attorney): He did that earlier.
Mayor Carollo: We did 20, this morning.
Commissioner Hernandez: Yeah.
----------------------------------------------------------------------------------------------------------------
60. (A) APPOINT ROBERT VALLEDOR TO SERVE ON AFFIRMATIVE
ACTION ADVISORY BOARD. -- SEE LABELS 61 AND 81.
(B) NOMINATE BRUNO CARNESELLA AND ROBERT MASRIEH AS
MEMBERS ON THE COCONUT GROVE PARKING ADVISORY
COMMITTEE. --SEE LABEL 61.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: On twenty-one.
Mayor Carollo: On 21, I will name Bruno Carnesella, Robert Masrieh.
Commissioner Hernandez: I have only one appointment here or?
Mr. Walter J. Foeman (City Clerk): I believe you have two.
161
November 21, 1996
Commissioner Hernandez: OK, I am going to appoint Robert Valledor and I will reserve on the
second one.
Mayor Carollo: OK. There a motion, there's a second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution and motion were introduced by Commissioner Hernandez, who moved
its adoption:
RESOLUTION NO.96-878
A RESOLUTION APPOINTING AND CONFIRMING THE SELECTION OF
CERTAIN INDIVIDUALS TO SERVE AS MEMBERS OF THE CITY OF MIAMI
AFFIRMATIVE ACTION ADVISORY BOARD FOR TERMS AS DESIGNATED
HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
MOTION NO. 96-878.1
A MOTION NOMINATING BRUNO CARNESELLA AND ROBERT MASRIEH AS
MEMBERS ON THE COCONUT GROVE PARKING ADVISORY COMMITTEE.
(Note: At this point, Mayor Carollo stated Mr. Carnesella and Mr. Masrieh were
appointed to the Affirmative Action Advisory Board, but he later clarified that said
individuals were in fact his appointments to the Coconut Grove Parking Advisory
Committee. Pending still is one appointment to be made by Mayor Carollo.)
Upon being seconded by Mayor Carollo, the resolution and motion were passed and
adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
162 November 21, 1996
----------------------------------------------------------------------------------------------------------------
61. APPOINT TED STAHL, BRUCE WILSON, BRUNO CARNESELLA AND
ROBERT MASRIEH TO SERVE ON COCONUT GROVE PARKING
ADVISORY COMMITTEE. -- SEE LABELS 60 AND 81.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Twenty-two.
Vice Mayor Gort: I'd like to move it.
Mayor Carollo: Moved by Vice Mayor Gort.
Commissioner Plummer: Wait, wait. What are the names?
Vice Mayor Gort: The name is Ted Stahl.
Mayor Carollo: Ted Stahl.
Vice Mayor Gort: And I have received a lot of calls from the people from Commodore Plaza
that they would like to have a representative on this board. And...
Commissioner Plummer: But who are the names? You're moving this...
Vice Mayor Gort: I am only moving one name.
Mayor Carollo: Only one name Ted Stahl.
Commissioner Plummer: Who?
Vice Mayor Gort: Ted Stahl.
Commissioner Plummer: Oh, OK. I'd Iike to nominate Bruce Wilson. I am doing that for
reason, Mr. Mayor. Some of the feedback at this particular point, is that all of the money is
going to address the parking on what would be considered the north end of the Grove.
Vice Mayor Gort: Right.
Commissioner Plummer: And so I am. Mr. Bruce Wilson is from the south end of the Grove.
And for that reason, is what I think is important that the south end of the Grove at least be
represented on the board.
Vice Mayor Gort: OK, the reason I selected Ted Stahl is because he was recommended by them
and at the same time, he is from the south Grove. He has got his business property there.
Commissioner Plummer: He's on Commodore.
Mayor Carollo: We have I believe one person to nominate for this board now.
Vice Mayor Gort: Only one.
Commissioner Plummer: One more.
163 November 21, 1996
1i
Mr. Walter J. Foeman (City Clerk): Mr. Mayor, you have three appointments also.
Mayor Carollo: On this one here?
Mr. Foeman: Yes. Coconut Grove Parking Advisory Committee.
Mayor Carollo: Well, I have three appointments on this one.
Mr. Foeman: Yes. There was a list that was proffered.
Mayor Carollo: Let me see because... What I have on five twenty-two is basically Ted Stahl,
the appointment of the Offstreet Parking representative on this board.
Mr. Foeman: Yes. That's the confirmation of Off -Street Parking Authority. You confirm in
that name. And the Mayor has three and there is one Commission at large appointment.
Mayor Carollo: Yeah, but that's for the... yeah, the Parking Advisory Committee. That's the
one which we did before, is the one that you're saying I had three for.
Mr. Foeman: No, it's the Coconut Grove Parking Advisory Committee that's five twenty-two.
Mayor Carollo: Right. That's the one I had three that that we named two, just before this item.
So I have one left.
Mr. Foeman: I didn't hear you make three appointments.
Mayor Carollo: Well...
Mr. Foeman: I mean...
Commissioner Plummer: No, mine was supposedly the Commission at large wasn't it? It was
one Commission...
Mr. Foeman: You made the... You proferred the name of Bruce Wilson which was for the
Commission appointment at large.
Commissioner Plummer: Right, right.
Mr. Foeman: Ted Stohl was the confirmation about the Parking Authority.
Mayor Carollo: Right.
Mr. Foeman: And the Mayor has three.
Mayor Carollo: OK. All right, all in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: Very good.
164 November 21, 1996
�i
The following resolution was introduced by Vice Mayor Gort, who moved its adoption:
RESOLUTION NO. 96-879
i
A RESOLUTION APPOINTING AND CONFIRMING THE ELECTION OF CERTAIN
INDIVIDUALS TO SERVE AS MEMBERS OF THE COCONUT GROVE PARKING
ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
` Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
62. RECONSIDER / AUTHORIZE CITY ATTORNEY TO PURSUE LEGAL
ACTION AGAINST AETNA LIFE INSURANCE COMPANY (AETNA) TO
ENFORCE CITY'S RIGHTS/ REMEDIES UNDER LEASE AGREEMENT
FOR MIAMI HYATT REGENCY HOTEL -- INCLUDE ACTION TO COMPEL
PRODUCTION OF RECORDS OR ANY OTHER ACTION TO TERMINATE
LEASE -- SEE LABEL 34.
Mayor Carollo: What do we have left on the agenda?
Commissioner Plummer: The last item Mr. Mayor, item 35, was asked to hold up until you
arrived. We had had a discussion, and a motion had been made to give the City Attorney the
clout, the reason to pursue immediately, and Commissioner Regalado indicated that you had
wanted to have discussion, your personal discussion on this matter, so we deferred it.
Mayor Carollo: Yeah. I think my office came down or called down to let the Commission know
that I wanted to be present for this item.
Commissioner Plummer: That's the only thing left.
Mayor Carollo: Yeah. Ms. Abrams, on this item with Aetna, how come we can only go back to
one year to be able to audit them, to be sure that there is not more than one year that they have
been in default, as is our position?
Ms. Christina Abrams (Director, Conferences, Conventions and Public Facilities): Well, I'd like
to defer that question to our Legal Department. But I'd like to say that what we're addressing
right now is '95. That doesn't mean that we have concluded. We can go back.
165 November 21, 1996
Mayor Carollo: OK. Before he takes over, can you tell us, for the record, how much of a
difference there is from what our auditors that we paid to do this audit feel that they still owe us
in dollars?
Ms. Abrams: I'm trying to see if it will conflict with our case in any way by us stating on the
record our findings. It's OK to divulge what our findings is, as far as the revenue?
Ms. Olga Ramirez (Assistant City Attorney): Well, I think it's public already.
A. Quinn Jones, III, Esq. (City Attorney): Yeah, OK, yes.
Mayor Carollo: Of course, you know, there shouldn't be any legal problems with it, because if
we go to court, that's the first thing that we're going to have to include in the lawsuit, and the
first document that they'll subpoena.
Ms. Abrams: OK. We have found a deviation of approximately five million dollars
($5,000,000) in reported gross revenue.
Mayor Carollo: In other words, they under -reported to us approximately five million dollars
($5,000,000).
Ms. Abrams: Correct.
Ms. Ramirez: But this is a preliminary audit.
i Mr. Jones: Go ahead. Did you want to...
Ms. Ramirez: Yeah. This is only a preliminary audit. We have not been able to conclude it yet.
Mayor Carollo: All right. If those numbers are correct, what is the approximate amount, then,
that they owe us?
Ms. Abrams: Three hundred and forty-three thousand dollars ($343,000).
Mayor Carollo: Three hundred and forty-three thousand dollars ($343,000). And this is for
1995.
Ms. Abrams: Correct.
Mayor Carollo: One year. Now, let me go back to my previous question, so we can get it on the
record, and the public would know why we can't go back to past years. Why can't we go back
to past years and do the same audit, to see if there were similar mistakes in past years? Logic
tells you that if there are mistakes such as this in one year, then you should go back to the
previous years to see if you're going to find the same mistakes.
Ms. Ramirez: We would need to do a little more research to make that determination. Basically,
Aetna took title as... Pursuant to foreclosure action. So we really don't know whether the
settlement agreement eliminated our right to go back previous years.
Mayor Carollo: In other words, you don't know if, by contract, the new contract that we entered
with them, we waived our rights of going back to past years.
Ms. Ramirez: Well, we have the right under the contract. The issue is the settlement agreement.
166 November 21, 1996
Mayor Carollo: That's what I'm talking about.
Ms. Ramirez: Exactly. We don't know at this point.
Mayor Carollo: The settlement agreement that was entered into in what year?
Ms. Ramirez: 1994.
Mayor Carollo: 1994. OK. So there is a question on the settlement agreement that was entered
into in 1994 that might have waived our rights...
Ms. Ramirez: Possibly.
Mayor Carollo: ... in going back to past years. And what I've been hearing was that, in fact, our
rights were waived, where we couldn't go back. I hope that's not the case, but you're giving me
some hope when you say "possibly."
Ms. Ramirez: I am not sure that our rights have been waived.
Mayor Carollo: Who was the lobbyist that represented Aetna through this whole process at the
time? Do you know, sir? Could you come back to the mike?
Mr. Delehanty: My name is Garrett Delehanty. I'm with a law firm in Hartford named Hebb
and Gitlin. This is actually the first time I've ever appeared anywhere as a lobbyist.
Mayor Carollo: No, no. I'm not saying that you are, sir. I think you're an attorney...
Mr. Delehanty: Yes, I am.
Mayor Carollo: ... that's representing them as an attorney.
Mr. Delehanty: Yes, I am.
i
Mayor Carollo: If you are a lobbyist, then I suggest before you leave, you sign up as a lobbyist...
Mr. Delehanty: I did.
Mayor Carollo: ... so that you won't make the same mistakes that others have.
Mr. Delehanty: No. I signed in this morning.
Mayor Carollo: I appreciate it, sir. Thank you. Now, my question is, back in '94, when this
settlement agreement was entered into with the City, that might have curtailed our rights
tremendously, if not fully, in going back to past years and doing an audit, like we have done for
'95, do you know who the lobbyist was that Aetna had down here, that was lobbying the City on
behalf of Aetna?
Mr. Delehanty: In connection with the discussions between the City and Aetna?
Mayor Carollo: In connection with the discussions that the City was having with Aetna, in
connection with the whole ball of wax between the City and Aetna.
Mr. Delehanty: Jorge De Cardenas.
167
November 21, 1996
Mayor Carollo: Do you know if he ever... Well, you know, I'm doing this because the public
needs to know what has happened to this City, why we're in the mess that we're in. Do you
know if Mr. De Cardenas ever did what you have done today, to register as a lobbyist with the
City of Miami?
I Mr. Delehanty: I do not know.
Mayor Carollo: Mr. Clerk, you have the list. Was Mr. De Cardenas registered with Aetna as a
lobbyist back then, or at any time thereafter?
Mr. Walter Foeman (City Clerk): I'd have to check my records, but to my knowledge, I don't
think so.
Mayor Carollo: OK. Can... This should take you only about three or four minutes to acquire
that information, because I think we need to establish that on the record, if Mr. De Cardenas ever
registered with the City of Miami as a lobbyist on behalf of Aetna, when he was so ably being
able to promote their interests...
Commissioner Plummer: He didn't have to register...
Mr. Foeman: If I'm not mistaken...
Mayor Carollo: ... to the detriment of the City of Miami.
Mr. Foeman: If I'm not mistaken, Mr. Mayor, I think this request was asked of me previously,
and from my recollection, we didn't find anything. But we'll check again.
Mayor Carollo: OK. So to the best of your recollection, he did not register as a lobbyist with
Aetna.
Mr. Foeman: To the best of my recollection. But we can check it again to verify it.
Mayor Carollo: OK. Did he ever register as a lobbyist for any other of the many clients that he
was representing to this Commission or different officials of the City of Miami?
Mr. Foeman: To my recollection, when we checked this request initially, we didn't find
anything.
Mayor Carollo: OK. All right.
Mr. Delehanty: Mr. Mayor, may I speak?
Mayor Carollo: Yes, sir, of course.
Mr. Delehanty: Aetna actually did not engage Mr. De Cardenas. The counsel that we had
representing Aetna in the City of Miami recommended that he be brought in as a consultant.
They engaged him, sir.
Mayor Carollo: And who was the counsel that was representing you at the time?
Mr. Delehanty: The law firm?
Mayor Carollo: Yeah, the law firm.
168
November 21, 1996
Mr. Delehanty: Valdes-Fauli.
Mayor Carollo: OK. Very good. Well, I just want to get the record straight as to who all the
players were, and to let the public know their rights, as to how business was conducted in the
City of Miami with different lobbyists.
Mr. Delehanty: Also, may I point out that Aetna was not the tenant during the period up until
1994. We were not the... My client was not the party with the obligation during that period of
time to pay rent. We were trying to foreclose, so we could gain control of the property.
Mayor Carollo: I understand that, but at the same time, it really is somewhat unusual to make a
request that we would waive all audits from previous years, before you would come in. It's not
the norm that fits in a contract, that that would be waived.
Mr. Delehanty: No. The context, sir, was that the City was taking the position that the lease was
in default because the physical condition of the property had been allowed to deteriorate. Aetna
wanted to gain control of the property so it could fix the property up, bring it back into an
income -producing asset for us and for you. And we were having great difficulty - saying to the
City that if we get control of this, we can fix it up. And we - "we" being Aetna in this case - is
not responsible for what has previously happened. We're hurt, like you are, by that. So we were
not bargaining for shielding the previous tenant from anything.
Commissioner Plummer: Well, there's one other thing that needs to be put on the record, and
this is going to be part and parcel of what your investigation into this matter is. It's my
recollection that at the time that you renegotiated this contract, and in which you lowered the cap
of twenty million ($20,000,000) gross to nineteen million ($19,000,000) for the City's
percentage to kick in, was with the fact that you were going to spend nine million dollars
($9,000,000), as I recall...
Mr. Delehanty: Correct.
Commissioner Plummer: Is it eight or nine?
Ms. Abrams: Nine million dollars ($9,000,000) is my understanding.
Mr. Delehanty: Approximately nine.
Commissioner Plummer: Nine million dollars ($9,000,000) in improvements and repairs. And
there is an indication at this time that that has not been done, two years later. So when you're
producing the records, I would ask you, sir, to also produce the records demonstrating your
indication at that time that you would spend the nine million dollars ($9,000,000), because my
people cannot find where nine million dollars ($9,000,000) has been spent. So we can only do
that with records produced by you that you did, in fact, do what you, Aetna, had promised to do.
Mr. Delehanty: My client certainly believes that nine million dollars ($9,000,000) of
expenditure is demonstrable.
Commissioner Plummer: Well...
Mr. Delehanty: I will mention it, yeah.
Commissioner Plummer: All you got to do is produce the records, sir.
169 November 21, 1996
Mr. Delehanty: Yeah.
Mayor Carollo: This is a very valid question, Commissioner, a very valid question. But for
those of you in the audience or at home that might not be up on the news as much as some of us
up here, the gentleman that we were inquiring about, Jorge De Cardenas, was the so-called
lobbyist that was arrested and indicted recently in "Operation Green Palm," and accused by the
Governor - the government - of allegedly bribing the former City Manager and the former
Finance Director. Christina, to the best of your knowledge, has Aetna approached anyone, to
your knowledge, in trying to sell this property at this point in time or in the last few months?
Ms. Abrams: There is an understanding that Aetna is trying to sell the property. They have not
approached the City of Miami offering...
Mayor Carollo: Well, I'm saying anyone that you know; not necessarily the City.
Ms. Abrams: If Aetna has approached anybody we know? Yes.
Mayor Carollo: OK. Is this property up for sale now, sir?
Mr. Delehanty: It is not completely on the market, but Aetna has been throughout the country
marketing its properties, and has taken preliminary steps in connection with this one.
Commissioner Plummer: Can they sell that property without our approving the transfer?
Ms. Ramirez: Yes, they can sell it without our approval.
Mayor Carollo: They certainly can.
Ms. Ramirez: Provided that the buyer satisfies certain conditions; namely, that it is a company
that maintains a first class hotel.
Mayor Carollo: Now, was there a motion?
Commissioner Plummer: Well, the motion was made. I made the motion earlier...
Mayor Carollo: OK. There's a motion by Commissioner Plummer.
Commissioner Plummer: ... to pursue.
Mayor Carollo: Is there a motion... a second to this motion? There's a second by Commissioner
Regalado.
Commissioner Plummer: Just for your edification, Joe, the City Attorney has asked permission
to immediately go into court and file for a declaratory judgment or a declaratory... so that they
will produce the records immediately.
Mayor Carollo: I understand, and I think that that's exactly what we should do, not waste any
more time, go immediately into court and take action on that. Before we take a vote, I'd like, if I
may, of counsel ask one more question. You stated that you came here from out of town...
Mr. Delehanty: Yes, sir.
Mayor Carollo:... to represent Aetna here today. And we appreciate it very much. Who is your
present counsel in Miami? Is it still...
170 November 21, 1996
Mr. Delehanty: Excuse me?
Mayor Carollo: Your present counsel in Miami, is it still the same firm you had in '94, or do
you have a different counsel to represent you in the City of Miami?
Mr. Delehanty: In connection with various matters, different counsel are used. At the moment,
we are using Shutts and Bowen in connection with this property.
Mayor Carollo: OK. That's who, from Shutts and Bowen?
Mr. Delehanty: Luis De Armas and Xavier Suarez.
Mayor Carollo: OK. I just wanted to get it on the record so that people can realize the
honorable games that are going on by different people in town. Thank you, sir. Any further
questions by the Commission?
Commissioner Regalado: No.
Mayor Carollo: OK. Call the roll, Mr. Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-880
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO PURSUE LEGAL
ACTION AGAINST AETNA LIFE INSURANCE COMPANY ("AETNA") TO
ENFORCE THE CITY'S RIGHTS AND REMEDIES UNDER THE LEASE
AGREEMENT BETWEEN THE CITY OF MIAMI AND AETNA (THE "LEASE")
FOR THE MIAMI HYATT REGENCY HOTEL ("HYATT"), INCLUDING AN
ACTION TO COMPEL PRODUCTION OF REQUESTED RECORDS OR TO TAKE
SUCH OTHER ACTION AS IS NECESSARY TO TERMINATE THE LEASE.
(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 Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mayor Carollo: Anything else that we have to handle for the morning agenda that's left? OK.
We've got to go to item B, approve the previous minutes, OK. It's the approval of the minutes
for the budget discussion of September 9, 1996. Is there a motion?
Vice Mayor Gort: Move it.
Mayor Carollo: Moved by Vice Mayor Gort, second by Commissioner Hernandez. All in favor,
signify by saying "aye." OK.
63. PERSONAL APPEARNCE: GLENN TERRY, FROM COCONUT GROVE
VILLAGE COUNCIL TO DISCUSS RAISING SALARIES OF
COMMISSIONERS -- DISCUSSION.
Mayor Carollo: And I believe that there was one item left. I don't know if he's here or not.
Mr. Glenn Terry wanted to appear before the Commission. Mr. Terry, go ahead, sir.
Mr. Glenn Terry: Good afternoon, I am Glenn Terry, 3800 Irvington Avenue in Coconut Grove.
I am here representing the Coconut Grove Village Council, of which I am a member. We'd like
to give you gentlemen a much needed raise. Mayor and Commissioners have full time jobs
running a big international City. What they get for their efforts is a five thousand ($5,000) dollar
paycheck and some benefits. Like most of us get benefits, that we get at our jobs as well. But I
make a lot more money than them as a Dade County teacher. My brother lives in Lake Whales,
Florida. They have a singing tower, lots of orange trees and 12,000 people. Therefore, City
Commissioners get paid five thousand ($5,000) dollars. Their salaries are set by City Charter in
1949. You gentlemen haven't gotten a raise in 47 years. In 1949 your salaries were raised to
five thousand ($5,000) dollars. It could buy.a small house then. Ten thousand ($10,000) dollars
would buy most any house in Coconut Grove. In 1949, the minimum wage was forty cents
($0.40). The minimum wage was forty cents ($0.40) now it's around five ($5) dollars.
Consumer Price Index has gone up six point six since then, that means a ($1) dollar then, would
buy what six dollars and sixty cents ($6.60) would buy now. That's the inflation argument. The
work of a City Commissioner has changed a lot in 47 years as well. With a growing City, the
complexity of government and it makes the job more difficult as a Mayor or City Commissioner.
Apart from inflation, we ask a lot more of you. More time, more responsibilities. It certainly is,
or should be full time work. The Village Council would like to see the City Council run like a
successful big business. One that compensates its employees fairly, including its leaders. And
what with a corporation the size of this City, be paying its leaders much, much, more of course.
Not ninety-six ($96) dollars a week, which is about what you all make for a salary. It makes no
sense for you to receive only a fraction of what your secretaries, assistants and aides make in
salary. All we want... All we on the Village Council want, is what all of us want is good
government. We want the best people running for and elected to public office. Many people
cannot afford your jobs. Why does Tampa pay its Mayor one hundred and ten thousand
($110,000) dollars a year, for instance? We expect the best from our leaders and we should
compensate them for their good work. We'd like you to join the Coconut Grove Village Council
in seeing that the Mayor and the Commissioners are compensated fairly giving them a long
overdue raise.
Mayor Carollo: Mr. Terry, I truly appreciate your coming here today. But, any other time that
we would not be faced with a seventy million ($70,000,000) dollar deficit. Any other time that
the City of Miami's future would not be hanging by a thread. By that I mean, whether we are
going to exist as a City or not.
Mr. Terry: We made this decision last Spring, sir.
Mayor Carollo: Yeah. I just could not in good conscience be able to be in favor of this now. I
think that it is something that once this City is back on its feet again, in sound financial
172 November 21, 1996
to
foundation, then we can consider it, and we should consider it then. But I think it's almost to the
point of being insulting to the residents of Miami if we will bring this up in a ballot vote anytime
in the near future. I mean we're talking basically about our survival right now. And the last
thing that we need to do is to be talking about what salaries members of the Commission should
have, or should not have. I agree with the concept. I think it is a very democratic process that
would open the door to many other people to be able to run for office. And at the same time,
would maybe prevent some of the things that have happened in the past from happening again.
But, it is something that I think the timing is extremely wrong. We have to make sure that
Miami survives and Miami is in sound financial shape again before we can even consider that.
That's one opinion here of the five. Again, I appreciate you coming up here. I think it is very
noble of you.
Ms. Annette Eisenberg: Mr. Mayor.
Mayor Carollo: Yes, ma'am.
Ms. Eisenberg: Annette Eisenberg, 1180 Northeast 86th Street. I commend Coconut Grove with
their keen interest in the City. Now I would ask Coconut Grove to go back and help us against
the petition drive that is trying to do away with the City of Miami. We are going to need all the
effort of organizations such as yours to mobilize against these few people who are saying
horrible things about the City of Miami and lacking the confidence that need. For one, tomorrow
the DDA (Downtown Development Authority) board, we are going to pass a resolution asking
our board to help us do away with this petition drive. I would ask you to go back to your
organization and form a resolution so that we get resolutions from all the neighborhoods to show
support for the City of Miami and then perhaps we will be in a condition to pay our
Commissioners what they truly deserve.
Mr. Terry: Well, thank you. I am not here to talk about that petition but our idea was one to
make the City better. And I am sure you have the same goal.
Mayor Carollo: Any statement from any of the members of the Commission?
Vice Mayor Gort: Mr. Mayor, I agree with the situation the way it is right now, it would not be
fair for us to consider this. I appreciate the thought.
Mayor Carollo: OK.
Commissioner Hernandez: I echo your sentiments, Mr. Mayor and I think we should leave that
for a proper time.
4
Mayor Carollo: OK. Thank you very much again; Mr. Terry.
173 November 21, 1996
----------------------------------------------------------------------------------------------------------------
64. Direct City Attorney: to meet with each member of City Commission regarding
lawsuit between People United to Save Humanity (PULSE) versus the City of
Miami, Miami City Commission, et al concerning at large elections of members
of the Commission, staggered terms having resulted in dilution of minority voting
strength and denying minority citizens of their political choice; further
instructing City Attorney to keep track of time frame to respond to allegations in
said complaint, particularly as it relates to default of same; further raising issue of
possibly one counsel representing all members of Commission.
Mr. A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor.
Mayor Carollo: Go ahead.
Mr. Jones: If I may, I need to get some direction from you. And I suppose time is of the
essence. I don't know if any of you have been served yet with the lawsuit that has been filed by
PULSE. I think each of you are named individually as well as the City, as well as certain other
officials. I need to get some direction from you because there's an opinion from the Florida Bar,
I cannot represent you individually as Commissioners. I represent the Commission as a whole.
So I need to know who, or what you want to represent you so that a defense can be entered on
your behalf.
Mayor Carollo: Well.
Mr. Jones: I mean, I hate to bring it up now, but like I said, the clock is running.
Mayor Carollo: Might as well bring it now. It's better now than later. I...
Mr. Jones: Yes.
Commissioner Plummer: Are you saying as a group or individually we have
Mr. Jones: Sued individually in your capacities as City Commissioners. I haven't the read the
whole lawsuit. It was brought to my attention during the break and I just noticed the caption of
the case where you are named individually. Because I need to know whether you have
individual counsel that you want me to contact on your behalf or just what.
Mayor Carollo: You're telling us that you cannot answer for us individually, the complaint.
Mr. Jones: That's correct. I can answer on behalf of the City of Miami but there is a Florida Bar
opinion that indicates... And you should also know too that you would be entitled, whomever
you choose to reimburse for any defense that's pursuant to Florida Statute. So I want to let you
know that.
Mayor Carollo: Well, I think the first thing we should do is try not to spend any money in this
suit unless we absolutely must. I think that the steps that we started taking today are the steps
that can resolve this in a rightful manner without it being resolved by the courts. And Vice
Mayor Gort is going to be representing this Commission in that. I would like for you to... We
have what, 20 days from the time that we were served?
Mr. Jones: Yeah,.I think it's a little longer in the federal court. But, yeah.
174 November 21, 1996
Mayor Carollo: Yeah, that's right it's federal court. So it will be I think, 30 or so. What I'd like
for you to do is to meet with each member of the Commission to see how they would like to
approach it.
Mr. Jones: Well, I'll do that. I'll call.
Mayor Carollo: But I would recommend that for something of this nature that hopefully we
could all use the same attorney representing us individually. I don't see any problems.
Mr. Jones: I would assume that all of you have the same interest. And I am not being facetious.
I am saying that, presuming that all of you share the same...
Mayor Carollo: Well, I think we all share the same feelings that we don't want to spend the
City's monies if we don't have to. And I am sure that we can find a way where we can minimize
any expenses that we need to make in this. Actually I think, just to answer this suit, it shouldn't
require more than just a few hours of legal work.
Mr. Jones: Well, you're right, it shouldn't. I don't... As you indicate, hopefully what has been
proposed and what you discussed here today will be the answer to the question and will make the
lawsuit, you know negate the...
Mayor Carollo: Yeah. Now, if that wasn't the case...
Mr. Jones: Yeah.
Mayor Carollo: ... that we did not want to resolve this in such a fashion, that would be a
different story.
Mr. Jones: OK. OK.
Mayor Carollo: Then we would be looking at spending some serious dollars. But that's not the
case.
Mr. Jones: What I'll do is, I'll contact you through your offices and... you see I just don't want
to. I just want to protect you and make sure that, you know there is no default or anything in and
on your behalf. So you could at least think about...
Mayor Carollo: Yeah, that's very important that you keep track of the clock and how many days
are going by so that we do not pass that time table. And if need be, one of the things that you
might want to look at is to get an extension.
Commissioner Hernandez: Mr. City Attorney, I was... and I will assume the rest of the board
was not either. I was not served properly. There is a provision within the summons that was
given in the complaint to waive service of pros (phonetic).
Mr. Jones: Right.
Commissioner Hernandez: Which. I have no problem. I don't want staff to spend the next
eighteen ($18) dollars or twenty ($20) dollars to serve me or anybody else in the Commission.
But again, since we haven't been properly served, the days are not ticking.
Mr. Jones: Yeah, and that would be a... Obviously, that would be a defense that we'd raise, you
know at the proper time. You know, we are basically being named, I guess... Like I said, I
175 November 21, 1996
1i
haven't read the entire complaint but I know the gist of the complaint is to establish single
member districts. And of course as I indicated, you all are being named in your individual
capacities as commissioners. And you will need at least counsel to enter you know, a answer on
your behalf, whatever if that becomes necessary. So at least I'd like for you to think about who
and I'll call in and make an appointment with you.
Mayor Carollo: All right, if you would do that, make an appointment which each and every one
of us. And maybe you'd come up with a name of someone that might want to do pro bono for
the City, three or four hours of work. Thank you.
176 November 21, 1996
MINUTES OF
PLANNING AND ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 21st day of November, 1996, 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 4:47 p.m. by Mayor Joe Carollo with the following
JJ� members of the Commission found to be present:
j Mayor Joe Carollo
!!, Vice Mayor Wifredo Gort
1 Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
ALSO PRESENT:
Carlos Smith, Assistant City Manager
Joel Maxwell, Deputy City Attorney
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
----- ---------------- ----------------- ------------- ----- ------------- ----------------------------------------
65. DISCUSS CONTINUE APPEAL OF ZONING BOARD-S DECISION OF
MAY 6, 1996, WHICH GRANTED A SPECIAL EXCEPTION AS LISTED IN
ZONING ORDINANCE, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, CONDITIONAL PRINCIPAL USES, TO PERMIT A
CONVERSION OF SIXTEEN UNIT APARTMENT BUILDING TO
ROOMING / LODGING HOUSE (BED AND BREAKFAST) CONTAINING
SIXTEEN LODGING UNITS, ZONED 4-3 MULTI -FAMILY MEDIUM
DENSITY RESIDENTIAL, LOCATED AT 3201 AVIATION AVENUE.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: OK, we're now in the Planning and Zoning City Commission meeting. We're
now in PZ-1.
Ms. Lourdes Slazyk (Deputy Director, Community Planning and Revitalization (CPR)
Department: For the record, my name is Lourdes Slazyk from the department of Community
Planning and Revitalization. PZ-1 is an appeal for a special exception which was granted by the
Zoning Board for a rooming or lodging house at 2964 Aviation Avenue. The department has
recommended for approval with conditions and the Zoning Board has concurred and added 13
conditions that were proffered by the applicant at the time of the Zoning Board. The appeal was
based on several statements regarding the intent of the special exception for special and intense
177 November 21, 1996
review and references to the project as a bed and breakfast use, which is not defined by our
Zoning Ordinance. I would like to point out that the application was for a rooming and lodging
house and that is how it was reviewed. The applicant would like to call his establishment a bed
and breakfast. But the criteria under which it was reviewed is for a rooming and lodging house.
Our findings and the special and intensive review, that is very clear on the record. We made
findings regarding... the original proposal was inadequate in terms of landscaping and parking
and certain issues. We also referred this application to our Urban Development Review Board
for intense design review. And through meetings with staff and the Urban Development Review
Board, these 13 new conditions arose to make the property... to put the appropriate conditions
and safeguards on the application which is the expressed purpose of the special exception
permit - to add conditions and safeguards, you know, to protect the adjacent properties in the
neighborhood. Therefore, unless you want me to go into the specific conditions you know, I'll
let the applicant and the appellant make their presentations and I'll be available for any
questions.
Commissioner Plummer: Let me understand, this was approved by the Zoning Board?
Ms. Slazyk: Yes, it was.
Commissioner Plummer: This was recommended by the department?
Ms. Slazyk: Yes, it was. And it was appealed by Mr. Fitzsimmons and that's the...
Commissioner Plummer: I see that. But in other words, everything has been approved, and the
appeal is by Mr. Fitzsimmons and you deny...
j Ms. Slazyk: We're recommending...
Commissioner Plummer: ... denial of the appeal?
Ms. Slazyk: ... and upholding the special exception as granted...
Commissioner Plummer: OK. All right.
1
I Ms. Slazyk:... by the Zoning Board.
. Commissioner Plummer: I just want to get my ducks in a row. So the appellant goes first, I
I think?
Ms. Slazyk: Yes.
Ms. Bob Fitzsimmons: Thank you, my name is Bob Fitzsimmons, I live at 2512 Abaco Avenue
in Coconut Grove. I have appealed the special exception granted by the Zoning Board to permit
an existing residential facility to be used as a rooming house or a boarding house. Throughout
the whole process as the City's staff has pointed out, they have addressed it as a bed and
breakfast which has a certain connotation. The special exception proceeding requires
considerations of certain things and this particular property has some problems with those
particular items. One of them requires consideration of Offstreet Parking. Here we have a
structure that was built before the Zoning code went into effect, so it has nonconforming
parking. All the parking on this property backs into the street which is not allowed by code on
any commercial facility. So now we are allowing the commercial use of a residential property
and allowing a nonconforming parking to continue.
Vice Mayor Gort: Excuse me, let me interrupt you for a minute. As part of the procedure, we
need to swear in all those who are going to testify. Walter, will you do that, please?
178 November 21, 1996
r
Mr. Walter J. Foeman (City Clerk): OK. Will you raise your right hand please? Do you
solemnly swear or affirm that the statements you are about to make today will be the truth and
nothing but the truth so help you God?
Mr. Fitzsimmons: I do.
Vice Mayor Gort: Thank you.
Mr. Fitzsimmons: The second issue is we're introducing a commercial use into a residential
area. This is surrounded by a duplex zoning and most of the neighbors are opposed to that
zoning. Now, while the location has problems in itself, my primary purpose here is not to
address this particular location but to address the global issue that we're really facing here and
that's the use of the bed and breakfast. If we look at the zoning code, I think the zoning
administrator wrote to the applicant and it described what he's asking for. And he is asking for a
boarding house which is an establishment where meals are regularly prepared and served for
' compensation for five or more persons and where most food is placed upon the table family style
without service or ordering of individual portions from a menu. Boarding houses may also
provide lodgings for compensation, so that's what we're asking for. That's not... in any of the
presentations you're hearing bed and breakfast. And we all have a very romantic notion of bed
and breakfast and what they are. However, we have no definition in our zoning code for bed and
breakfast. And as you can see from the approval from the zoning board of some thirteen
different items attached to this approval, they're trying to address and put certain limitations on
this use because it is a new and different use. The new and different use should have full
consideration of staff. This is something that should be addressed in the zoning board and not be
done piecemeal. We have the first time coming up, and anyone in an R-3 district now, can come
in and you're inviting litigation if you deny anyone in R-3 district from having a bed and
breakfast now, which is pervasive. If you look on the zoning map there is one on the north side
of Tigertail, that will come in soon after this is approved and upheld and ask for bed and
breakfast. I think all of Bird Road is the same zoning. So you're considering something that is
going to have very broad ramifications. What I would ask you do is not necessarily in the long
i run deny the use of this property as a bed and breakfast, but I would rather see the administration
plan, deal with the fact that we're introducing a new use called the bed and breakfast, amend the
zoning ordinance to establish uniform and certain criteria for the use of properties as bed and
breakfast and then allow him to come in under that zoning ordinance. Otherwise, we're going to
have piecemeal application and anytime we have piecemeal applications, we have universal
problems. So while there... .just to reiterate, while there are problems with this property
regarding the nonconforming parking, the primary issue that I have here is creating a monster
without knowing what the monster is. Other cities have addressed this. Coral Gables has
! amended its ordinance to have it. I know Key West has addressed the problem. They also
! thought that it was a very romantic notion and wanted it anywhere. But our research with them
in calling them indicates that they don't like having them and they don't like the areas and the
impact that it's had on those areas. And that's something we have not considered at all. We're
trying to legislate through the zoning boards, 13 items attached to a boarding house request. I
don't think that's the proper way to enact basically a policy towards bed and breakfast. Thank
you.
Vice Mayor Gort: Thank you, sir.
Commissioner Plummer: Mr. Vice Mayor.
Vice Mayor Gort: Yes.
Commissioner Plummer: If I may? Mr. City Manager would you read me number one? No, sir.
No, sir. On my piece of paper, read from my piece of paper.
179 November 21, 1996
1i
Mr. Carlos Smith (Assistant City Manager): I can't. I can't read it.
Commissioner Plummer: And you expect me to read that and to be informed as to what is going
on? Let me see it please. Just for the record, Mr. Vice Mayor, nobody can read what they have
sent us as backup material. And yet this is the material that we're supposed to educate ourselves
with. And just for the record, I think in the future I am going to ask that every item be deferred
of material that I can't read. OK. So just for the... I am just making a point, Mr. Vice Mayor. I
don't know if yours is any clearer, or maybe they are picking on me.
Vice Mayor Gort: I think it must be you.
Commissioner Plummer: You can read yours? I am just saying.
Mr. Smith: Commissioner, all of them are the same way. I mean...
Commissioner Plummer: Well, in the future I think that it should be, if you're going to do it, do
it right, OK. I don't know how you need to change it. But if you're going to send me stuff like
that, save the time, the effort and the money and don't send it. You're sending me something I
can't read.
Mr. Joe Maxwell (Assistant City Attorney): Mr. Vice Mayor.
Commissioner Plummer: Sir.
I Mr. Maxwell: Can I please get a clarification from Mr. Plummer?
Vice Mayor Gort: Yes, sir.
Mr. Maxwell: Are you saying sir, that all the information that you need to make the decision
today, is illegible on that particular item?
Commissioner Plummer: Sir, I am saying that there is great deal of... I am sorry, and I building
a lawsuit? I am sorry. But I am sitting here trying to read this material and there is just no way
that you can read this material. Based on that sir, I will in fact ask this matter to be deferred. I
am sorry.
Mr. Maxwell: To the next Planning and Zoning...
Commissioner Plummer: I ask for it to be deferred.
j Mr. Maxwell: To the next Planning and Zoning...
J Commissioner Plummer: Until we are provided with information that is legible and readable. I
am sorry to do that to you.
Vice Mayor Gort: It's been deferred, is there a second?
Commissioner Regalado: Second.
Vice Mayor Gort: OK, it has been moved and second. All in favor signify by...
Mr. Daniel Kavanaugh: Could be we request, Mr. Vice Mayor, that it be deferred to a date
certain so that it will not be necessary to republish, renotice, readvertise and so on?
180 November 21, 1996
Vice Mayor Gort: December the 12th.
Commissioner Plummer: I think that would be... No, no. The 23rd is going to be zoning.
Wasn't it?
Vice Mayor Gort: The 12th. December the 12th.
Mr. Maxwell: Is that going to be the P and Z agenda as well?
Commissioner Plummer: OK, fine with me.
Mr. Kavanaugh: What is the date, Mr. Vice Mayor?
Vice Mayor Gort: December the 12th. OK, all in favor state so by saying "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 96-881
A MOTION TO CONTINUE AGENDA ITEM PZ-1 (APPEAL OF ZONING
BOARD'S DECISION OF MAY 6, 1996, WHICH GRANTED A SPECIAL
EXCEPTION AS LISTED IN THE ZONING ORDINANCE OF THE CITY OF
MIAMI, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS,
CONDITIONAL PRINCIPAL USES, TO PERMIT A CONVERSION OF SIXTEEN
UNIT APARTMENT BUILDING TO A ROOMING/LODGING HOUSE
CONTAINING SIXTEEN LODGING UNITS, ZONED R-3 MULTI -FAMILY
MEDIUM DENSITY RESIDENTIAL, LOCATED AT 3201 AVIATION AVENUE).
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by
the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT: Mayor Joe Carollo
Vice Mayor Gort: Thank you.
Mr. Kavanaugh: Commissioner Plummer, for my information as the applicant. Could you give
me just a little elaboration on what it was that you were not able to read? I would be interested
in knowing that as the applicant.
Commissioner Plummer: Sir, I only used one page of many. If you need a particular page, you
can come here and you can look at it, of what was supplied to me. I'll be happy to give it to you,
Dan. And I...
Ms. Slazyk: It was on the disclosure...
181 November 21, 1996
r,
Commissioner Plummer: And I don't even think with your glasses, you can read that sir. OK. I
ate a lot of carrots when I was a kid.
----------------------------------------------------------------------------------------------------------------
66. APPROVE RELEASE OF UNITY OF TITLE-- FOR PROPERTY AT 77 N.W.
36 STREET (LOT 15, BLOCK 10, PRINCESS PARK) -- TO RELEASE LOT 15
FROM REMAINING LOTS 13 & 14-- APPLICANT: C.C.G. PROPERTIES,
INC.
Vice Mayor Gort: PZ-2.
Ms. Lourdes Slazyk (Deputy Director, Community Planning and Revitalization Dept.): PZ-2 is a
request for a release of the Unity of Title. You may remember a couple of months ago, we came
to you with legislation for... in order to define Unity of Title and how they can be released. We
didn't realize at the time, that the City Commission approval was required for all the releases
even if the Unity of Title agreement itself had a release mechanism built into it. You are going
to see that later on in the same agenda tonight, we have a piece of legislation in order to remove
that requirement so you don't have to look at these anymore. Regarding this particular case, this
is a Unity of Title to tie lots 13, 14 and 15 of block ten, Princess Park subdivision together.
These were asked, Unity of Title was required in anticipation of unifying the three lots for a
development that subsequently never happened. The lot 15, has a building and 13 and 14 are
vacant. There is... the development, never occurred and there is no reason for the loss to be tied
together anymore. For that reason, we recommend approval of the release.
Vice Mayor Gort: OK, Mr. Clerk, could you swear in those people who are going to testify?
Mr. Walter J. Foeman (City Clerk): Would you raise your right hand please?
Commissioner Plummer: Is there anybody here in opposition?
Vice Mayor Gort: Nobody wants to testify. OK, close the public hearings. What is the wish of
this board?
Commissioner Plummer: It was never done, nobody's'objection. I move approval.
Vice Mayor Gort: It's been moved, is there a second?
Commissioner Hernandez: Second.
Vice Mayor Gort: Move and second. Any further discussion? Being none, all in favor signify
by saying "aye."
The Commission (Collectively): Aye.
182
November 21, 1996
tow
[A
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO, 96-882
A RESOLUTION WITH ATTACHMENT(S), APPROVING A PARTIAL RELEASE
OF A UNITY OF TITLE, AND DIRECTING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE THE "AGREEMENT RE: RELEASE OF LOT FROM
UNITY OF TITLE" AS SUBSTANTIALLY SET FORTH IN EXHIBIT "A",
ATTACHED HERETO AND MADE A PART HEREOF, FOR THE PROPERTY
OWNED BY C.G.C. PROPERTIES, INC. AND LOCATED AT 77 NORTHWEST
36TH STREET, MIAMI, FLORIDA,
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT:
Mayor Carollo
----------------------------------------------------------------------------------------------------------------
67. DISCUSS / CONTINUE CONSIDERATION OF PROPOSED REQUEST FOR
SPECIAL EXCEPTION REQUIRING COMMISSION APPROVAL, AS
LISTED IN ZONING ORDINANCE, ARTICLE 4, SECTION 401, R-3
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL, CONDITIONAL
PRINCIPAL USES -- TO PERMIT A HEALTH CLINIC (MEDICAL, OFFICE
AT 1900 BRICKELL AVENUE).
Vice Mayor Gort: PZ-3.
Mr. Francisco Garcia (Principal I.,and Development Specialist): Good afternoon, Mr. Vice
Mayor and gentlemen of the City Commission. For the record, my name is Francisco Garcia
with the Department of Community Planning and Revitalization. This is a special exception
with City Commission approval to allow a medical office in the R-3 zoning district along
Brickell Avenue. This proposal was before you previously, and at that point in time we
recommended approval of the special exception. And just briefly to recap, the reasons were
mainly to, one we felt it was a very appropriate adaptive reuse of an existing single family
structure of which there are a very few remaining in the Brickell area. And the other major
reason is, we felt that it would be a nice substitute for the difficult medium density, multifamily
buildings that are erected in the area and therefore would diminish the potential adverse effects
that would have. In the last meeting, you asked the... you continued the item. It was the wish of
this Commission to continue the item and the Department of Community Planning and
Revitalization was asked to draft some legislation that would address the concerns of the
183 November 21, 1996
neighbors and property owners. We have done that and the legislation is scheduled to be heard
by the Planning Advisory Board in their meeting of December. Because the legislation is not
just ready, to be considered by the City Commission we are now recommending that the item be
continued until the legislation is prepared as it was your instructions to do. But we must note
that the applicant has expressed their objection too, and they wished the item to be heard.
However, the appellants are in agreement that perhaps the item should be continued. With that,
that concludes my presentation. I'll answer any questions you may have. Thank you.
Commissioner Plummer: I think you need to...
Vice Mayor Gort: OK.
Commissioner Plummer: ... put on the record.
Vice Mayor Gort: Should we? Clerk, would you swear the people in?
Mr. Walter J. Foeman (City Clerk): Do you solemnly swear or affirm that the statements you are
about to make here today, will be the truth and nothing but the truth, so help you God?
Commissioner Plummer: It was my recollection that we sent this back for the purposes of trying
to make sure that if this was granted there would not be a proliferation of commercial, is that
correct?
Mr. Garcia: That is correct. What the department has done is, we have drafted legislation that
we feel would address those concerns. Again the legislation is not ready to be acted on by the
City Commission just yet.
Ms. Lucia Dougherty: Mr. Vice Mayor, members of the Commission. Lucia Dougherty with
offices at 1221 Brickell Avenue. I am... I regret that we don't have our boards today. Teresita
Fernandez can't find them, so I don't have anything to show you. But this is a single family
house on Brickell Avenue, 1900 Brickell. OK, you don't.
Vice Mayor Gort: Lucia.
Ms. Dougherty: You don't need to hear it.
Vice Mayor Gort: We heard the presentation. I think we're all aware of the presentation and I
think this Commission made a decision that we'll pass this subject to the ordinance to ensure that
it wouldn't happen. I think we all want to maintain the house, we hate to see an apartment
building going there. But at the same time, this ordinance will ensure that this will not be the
domino effect and create the...
Ms. Dougherty: Well, I will commit to you that whatever is in your ordinance I will put in as a
condition of the approval of this special exception. And secondly, may I say to you that I would
agree to a continuance and for the legislation to come forward but the Brickell Homeowners
Association do not agree with the legislation. In other words, they are not saying that they want
this to go forward even if the legislation has passed. So all that's going to happen is, if they
appeal this decision, it's going to be three months down the line, as opposed to now, and I would
only ask that the Commission would consider this issue today.
Vice Mayor Gort: Lucia, we would be more than glad to consider. You only have three people
sitting up here today and we are going to be losing Commissioner Plummer in a little while.
Commissioner Plummer: Say what? What did Plummer, Commissioner Plummer do?
184 November 21, 1996
4
I
Vice Mayor Gort: You're going to be leaving in a little while, is my understanding.
Commissioner Plummer: I've got to leave here in about another twenty minutes.
Vice Mayor Gort: Which means you have a short board. And as a short board...
Commissioner Plummer: Well, it is my intention Mr. Gort to come back. But it will be close to
seven thirty before I get back. And I am going to represent the City at a thing that has been long
standing. So, that's up to you all whatever you want to do, I can't answer that.
Ms. Dougherty: Is it the Mayor's...? Yes, I am sorry.
Commissioner Plummer: The Mayor will be back, he only went to make a phone call lie said.
Vice Mayor Gort: No, is it the Vice Mayor's intent that you want to wait for this ordinance?
Vice Mayor Gort: But, it's up to you. You want to hear it now, we'll hear it now. But my
advise is, we made a commitment, the ordinance is being drafted and I think you should wait.
Ms. Dougherty: The ordnance is. We have the ordinance right here, but the problem is...
Vice Mayor Gort: But ordinance has not been passed and they have to go back.
` Mr. Carlos Smith (Assistant City Manager): Vice Mayor, I just want to make it clear also that
the item is here because we made a mistake. I mean, it was clear at the last meeting that you all
wanted to hear it after it was passed by the PAB (Planning and Zoning Board) and that was not
possible last night. It came before the PAB and they didn't have the notice correct. I'll do
whatever you think is right. I am just asking you, Mr. Vice Mayor if they were to accept this as
a solution then I would agree to this. I mean, I'd be happy to agree but I would like to have them
note on the record whether or not this is acceptable to them.
jVice Mayor Gort: Well, they'll have a chance to go in front of the Planning Board for a
resolution and then they'll have a chance to come in here and then that decision has got to be
made by us. The decision has to be made by us. We'll have two public hearings. You will have
your public hearings at the Planning Department and you will have your public hearing in front
of the Commission and we will make the decision. OK.
Ms. Dougherty: Fine, we agree. So this comes back on December the 21st.
Mr. Smith: We need to continue to January. We need to go to the PAB in December.
Vice Mayor Gort: We need to continue to December the 12th. When is it going to be front of
the Planning Board?
Mr. Smith: December 18th.
Vice Mayor Gort: It will have to come in January.
Commissioner Plummer: Mr. Vice Mayor, I will be leaving you now sir, and it would be my
intent. Wait, a minute you don't even have a quorum. All right, let me wait a few minutes until
one more comes back. But I've got to go and I... It is my intent that I could be back here by
seven thirty.
185 November 21, 1996
Vice Mayor Gort: OK. So we continue this until after it's been heard by the Planning Board and
Zoning Board.
Mr. Smith: The January meeting.
Vice Mayor Gort: Yes, sir.
Mr. Jeffrey Bass: If I may, very quickly. Jeffrey Bass is my name for the record, 46 Southwest
` 1st Street. I would ask only that when the matter is heard if it could be scheduled at the not
before five o'clock agenda so that the neighbors could be here at whatever date that it's set.
Vice Mayor Gort: No problem.
Ms. Dougherty: You mean the after five.
Mr. Bass: I am sorry, the after five o'clock.
Vice Mayor Gort: Right, yes.
Mr. Bass: I misspoke. OK. Thank you.
Vice Mayor Gort: OK. Thank you all for being here. PZ-4.
Mr. Joel Maxwell (Assistant City Attorney): We need a vote to continue an item.
Commissioner Plummer: What?
Vice Mayor Gort: A motion to continue the item.
Mr. Maxwell: A motion to continue.
Commissioner Plummer: Move it.
Vice Mayor Gort: It's in January. It's been moved by Commissioner Plummer.
Commisioner Hernandez: Second.
Vice Mayor Gort: And second by Commissioner Hernandez.
Mr. Maxwell: January 23rd.
Vice Mayor Gort: January 23rd. Any further discussion? Being none, all in favor signify by
saying "aye."
The Commission (Collectively): Aye.
186 November 21, 1996
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 96-883
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-3
(SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL, AS
LISTED IN THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4,
SECTION 401, R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL,
CONDITIONAL PRINCIPAL USES, TO PERMIT A HEALTH CLINIC (MEDICAL
OFFICE AT 1900 BRICKELL AVENUE) TO THE COMMISSION MEETING ON
PLANNING AND ZONING ITEMS PRESENTLY SCHEDULED FOR JANUARY 23,
1996.
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Wifredo Gort
NAYS: None.
ABSENT:
Commissioner Tomas Regalado
Mayor Joe Carollo
------------------------------------------------------------- --------------------------------------------------
68. FIRST READING ORDINANCE: AMEND 11000, ARTICLE 6, SEC. 620, SD-
20, EDGEWATER OVERLAY DISTRICT -- TO ADD GROUND FLOOR
OFFICE USES AS CONDITIONAL PRINCIPAL USE BY CLASS II SPECIAL
PERMIT -- TO PROVIDE FOR NEW PARKING REQUIREMENTS --
APPLICANT: COMMUNITY PLANNING & REVITALIZATION (SEE
LABEL 80).
Vice Mayor Gort: PZ-4.
Ms. Lourdes Slazyk (Deputy Director, Community Planning and Revitalization): PZ-4 is an
amendment to the SD 20 district. I believe we finally have an agreement with all the parties that
were involved in all the concerns. I just need to make three very quick clarifications in the
record. First of all, in 620.2.6 which is handwritten page six of the ordinance where it says
"excluding financial institutions and medical offices." In parenthesis it says ... "including clinics,
medical or dental." That's confusing because it sounds like those things are included. I would
like to correct that to read "Excluding financial institutions and medical offices, dental offices,
medical clinics, dental clinics, and other similar uses." That clarifies that those things are
excluded and not allowed under this amendment. The second amendment I'd like to make is that
later in the same paragraph it says that ... "due to the higher volume of traffic which may be
generated by such ground floor commercial activities." It's "office activities" not commercial.
So I would like to correct that to exclude the word commercial. There is a different connotation
to commercial and office. And the last one is that the notice, the Class II requirement is for
mandatory notice to all residents and/or unit owners. The "and/or" could be confusing if there
are some you know, residents who rent out their unit. I'd just like to remove the slash or. It's
187 November 21, 1996
r
"residents and unit owners" and that covers everybody in the building. With that I think we have
agreement form all the parties that had concerns on this item.
Vice Mayor Gort: OK, Is anyone here to testify on PZ-4?
Commissioner Plummer: Let the record reflect no one came forth in objection or in favor. I'll
move it on first reading.
Vice Mayor Gort: It's been moved. Is there a second?
Commisioner Hernandez: Second.
Vice Mayor Gort: It's been moved and second. All in favor signify by saying "aye."
The Commission (Collectively): Aye.
Mr. Maxwell: I have to read the ordinance, Mr. Vice Mayor. The title has to be read.
Vice Mayor Gort: OK. I am sorry, go ahead.
NOTE FOR THE RECORD: Mayor Carollo entered the meeting at
5:08 p.m.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
ARTICLE 6, SECTION 620, "SD-20 EDGEWATER OVERLAY DISTRICT," TO ADD
GROUND FLOOR OFFICE USES AS A CONDITIONAL PRINCIPAL USE BY
CLASS 11 SPECIAL PERMIT, AND PROVIDE NEW PARKING AND NOTICE
REQUIREMENTS FOR SAID USES; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer, seconded by Commissioner Hernandez, and
was passed on first reading, by title only, by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Humberto Hernandez
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner Tomas Regalado
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
NOTE FOR THE RECORD: Commissioner Plummer left the
Commission meeting at 5:09 p.m.
188
November 21, 1996
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69. DISCUSS CONTINUE CONSIDERATION OF PROPOSED AMENDMENT
TO ZONING ORDINANCE BY AMENDING ARTICLE 6 SECTION 617, SD-
17 SOUTH BAYSHORE DRIVE OVERLAY DISTRICT, IN ORDER TO
PROVIDE FOR DEVELOPMENT BONUSES, AS INTENDED BY THE
DISTRICT, FOR THE PORTION OF THE DISTRICT BOUNED BY
MCFARLANE ROAD, SOUTH BAYSHORE DRIVE, MARY STREET AND
PORTIONS OF GRAND AVENUE (SEE LABEL 75).
Vice Mayor Gort: Mayor Carollo, I'll like to state at this time, we have three board members,
three commissioners present, which means it's a short board.
Mayor Carollo: Very short board.
Vice Mayor Gort: And if anyone would like to get a deferral because of the short board, this is
the time to do so.
Mayor Carollo: And I will advise that anyone that is not absolutely sure that they have three
votes for an item should get a deferral because he will need all three votes here for any item to
pass or not to pass. And each of you have that right. Anyone that's for or against an item. Al,
how are you doing?
Mr. Al Cardenas: Yes, thank you. Good afternoon, Mr. Mayor, members of the board. My
name is AI Cardenas with offices at 201 South Biscayne Boulevard. I represent an affected
property owner with respect to proposed PZ-5 and we would like to request a continuance or
deferral of the matter.
Mayor Carollo: That's fine. PZ-5?
Mr. Cardenas: Yes.
Mayor Carollo: We'll continue PZ-5.
Ms. Lourdes Slazyk (Deputy Direction, Community Planning and Revitalization Dept.): To a
date certain, December?
Mayor Carollo: If we can in December, if not in January. It depends on how the agenda is for
December. Anyone else whether...
Mr. Joel Maxwell (Deputy City Attorney): Mr. Mayor.
Mayor Carollo: ... applicant or appellant that would like to defer any item?
Ms. Dougherty: Mr. Mayor.
Mr. Maxwell: Mr. Mayor, while you're doing that, may I suggest to you that you give a specific
date. Because it saves the City on advertising and if you cannot hear it at the designated date
you simply continue it again.
Mayor Carollo: All right then, it will be on the 12th that we will defer everything to for the 12th.
En
Ms. Lucia Dougherty: Mr. Mayor, could I... I really request that you do it on the 21st of
December on this ordinance because I also represent an affected property owner.
Mayor Carollo: December 21st? We don't have a meeting on the 21st.
Ms. Dougherty: Twenty third.
Mayor Carollo: Twenty-third is only going to be for one item. We are going to be doing all
zoning on the 12th.
Vice Mayor Gort: It's will have to be January the 23rd. January the 23rd.
Ms. Dougherty: What I'd like is December, if possible.
Mayor Carollo: OK. What else do we need to be deferred? I see some people up discussing.
Do you all, would you all like to defer something or...? Anybody else?
Mr. Jerry Proctor: Mr. Mayor.
Vice Mayor Gort: We've got to vote on this one.
----------------------------------------------------------------------------------------------------------------
70. DISCUSS / CONTINUE CONSIDERATION OF PROPSOED (APPEAL
ZONING BOARD DECISION WHICH DENIED A VARIANCE FROM THE
ZONING ORDINANCE, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, R-1 SINGLE FAMILY RESIDENTIAL,
PERMITTED PRINCIPAL USES, TO PERMIT A STRUCTURE WITH THE
HEIGHT OF 29'-8 (25'-0 MAXIMUM ALLOWED), ZONED R-1 SINGLE
FAMILY RESIDENTIAL, LOCATED AT 1840 SOUTH BAYSHORE DRIVE.
(SEE LABEL 75).
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Would you all like to defer some?
Mr. Jerry Proctor: I have a request for deferral, yes sir.
Mayor Carollo: What item, please?
Mr. Proctor: PZ-9 in the name of Tenzer.
Mayor Carollo: PZ-9?
Mr. Proctor: Yes.
Mayor Carollo: OK, PZ-9 will be deferred. OK, any others?
Vice Mayor Gort: Move to a date certain.
Mayor Carollo: Yes.
Unidentified Speaker: Is it my understanding that you deferred PZ-9 or are you .... a date ... ?
190 November 21, 1996
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Mayor Carollo: Yes, December the 12th.
Unidenitifed Speaker: December the 12th.
Mayor Carollo: Yes. December the 12th.
Unidentified Speaker: Thank you, sir.
Mayor Carollo: Certainly. Anyone else out here?
Vice Mayor Gort: Should we move on that?
Mayor Carollo: OK.
----------------------------------------------------------------------------------------------------------------
71. DISCUSS/ CONTINUE CONSIDERATION OF PROPOSED FIRST READING
ORDINANCE AMENDING SECTION 62-62 OF CODE, ZONING PLANNING
i FEES, TO LATER IN MEETING -- SEE LABEL 76.
----------------------------------------------------------------------------------------------------------------
Ms. Lourdes Slazyk (Deputy Director, Community Planning and Revitalization Dept.): PZ-6 is
J an amendment to the City code in order to clarify the payment of fees for appeals. That's
something that's not clear in the code. And many times an appeal is filed without the fee and
this is to clarify once and for all when that fee is due. At the time that the appeals is...
Mayor Carollo: But, what number is that? I am sorry.
Ms. Slazyk: This is PZ-6.
Mayor Carollo: PZ-6?
Ms. Slazyk: Yeah.
Mayor Carollo: Right, well...
Ms. Slazyk: There's been confusion in the past because the code is not as clear as it should be
on when the fee is due and this will just clarify once and for all that at the time an appeal filed,
the fee is due with the appeal.
Mayor Carollo: All right, Tom did you need something deferred?
Unidentified Speaker: No. I wanted to make sure the PZ-12 clause had not been deferred. It
has not. t
Mayor Carollo: No, It has not. Let's just take a couple of minutes and see what's left on the
agenda here, for Planning and Zoning.
j
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191 November 21, 1996;
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72. DISCUSS / CONTINUE CONSIDERATION OF (2) PROPOSED
AMENDMENT TO ORDINANCE 10544, FROM SINGLE FAMILY
RESIDENTIAL TO RESTRICTED COMMERCIAL, TO CHANGE LAND USE
DESIGNATION OF PROPERTY AT APPROXIMATELY 3240 FLORIDA
AVENUE, FROM SINGLE FAMILY RESIDENTIAL TO RESTRICTED
COMMERCIAL -- AND (2) PROPOSED CHANGE OF ZONING AS LISTED
IN ZONING ORDINANCE, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, FROM R-1 SINGLE FAMILY RESIDENTIAL
SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT, FOR
PROPERTY AT 3240 FLORIDA AVENUE (FARMER'S MARKET) (SEE
LABEL 75).
Mayor Carollo: PZ-10, who's here for that? OK. If I remember, you were the appellant.
Mr. John Shubin: No, I am representing the objectors. This is not technically here on an appeal.
It's a second reading.
Mayor Carollo: Second reading still... Do you all want to defer this item for today?
Mr. Shubin: For the record, John Shubin. Shubin and Bass 46 Southwest 1st Street. Whatever
the Commission's preference is. There are couple of issues that might be relevant as to whether
it needs to be deferred. One is, and I'll announce on the record. I have represented Mr.
Hernandez and I had asked him to seek a City Attorney's opinion as to whether or not he could
participate in any matter in which our firm was involved. And I don't know if that's been
resolved. Obviously, if he has to recuse himself there would be no quorum for this item.
Mayor Carollo: Yeah, but I think what you represented him on, had nothing to do with this, it
was on a...
Commissioner Hernandez: Right.
Mayor Carollo: ... a campaign. Yeah.
Commissioner Hernandez: I don't have to recuse...
Mr. Shubin: Oh, absolutely. But as long as that's the opinion of the attorney.
Mayor Carollo: Sure. Well, get it on the record. It's always good, but I don't see why he would
have to recuse himself.
Mr. Joel Maxwell (Deputy City Attorney): No, no. I understand that that information has been
communicated to Mr. Shubin that there is no conflict of interest.
Mr. Shubin: No, this is the first time I've heard it, right here.
Mr. Maxwell: OK.
Mayor Carollo: Lucia, on PZ-10, do you want to defer this for a full board? You need three
votes. It's the same thing I told him. Well, actually for him he doesn't need all three votes. All
he needs to have is one.
192 November 21, 1996
u�
Ms. Lucia Dougherty: Yes. Would the Commissioner entertain bringing this up later on in the
evening?
Mayor Carollo: I think we're going to be finished before Commissioner Plummer will get back.
Ms. Dougherty: And Commissioner Regalado?
Mayor Carollo: I don't know if he's going to be back at all. I think he had to go to work.
Vice Mayor Gort: He's at the radio.
Ms. Dougherty: You know, let me ask my client. He wasn't here a minute ago.
Mayor Carollo: Yeah. Frankly, any item that has any minimum amount of controversy, I would
recommend to everyone to defer it. You must have all three votes to get it passed. I don't think
it will be fair to you.
Ms. Dougherty: I'd like to defer ten and 11.
Mayor Carollo: OK, PZ-10 and which is the other?
Ms. Dougherty: Eleven.
Mayor Carollo: Ten and eleven.
----------------------------------------------------------------------------------------------------------------
73. CONTINUE CONSIDERATION OF PROPOSED APPEAL OF ZONING
BOARD'S DECISION WHICH DENIED VARIANCES TO PERMIT TWO
STRUCTURES ALONG 2900 S.W. 4 AVENUE WITH LESS SETBACKS
THAN REQUIRED (LABEL 75).
----------------------------------------------------------------------------------------------------------------
Ms. Lazaro Albo: PZ. My name Lazaro Albo, PZ-15, I want to defer.
Mayor Carollo: OK. That's 15, Lazaro?
Mr. Albo: Yeah.
Mayor Carollo: OK.
Mr. Albo: Thank you.
Mr. Joe Wilkins: May I ask how many short board deferrals one is allowed?
Mayor Carollo: Excuse me.
Mr. Wilkins: Yeah, is there a limit to the number of short board deferrals that one is allowed.
Because we have been here several times on this same issue, and we're here now because there
was a short board last spring. So is there any limit to the number of short boards that are
permitted?
193 November 21, 1996
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Mayor Carollo: There really are no limits set. I doubt it very much if you're going to get a short
board again next time we meet.
Mr. Wilkins: We seem to have a nack for it.
Mayor Carollo: Well, this time frankly is the only time that there is a real...
Mr. Wilkins: It's real short this time.
Mayor Carollo: ... real short reason for it.
Mr. Wilkins: OK.
Mayor Carollo: The other times it really wasn't our fault.
Mr. Wilkins: OK. Thank you.
Mayor Carollo: Thank you. And I am sorry that you know, you know you all have to come
here. Let's see, 15, any other? Thank you.
-------------------------------- -------------------------------------------------------------------------------
74. DISCUSS / DEFER CONSIDERATION OF (1) PROPOSED SECOND
READING ORDINANCE TO AMEND 11000 BY AMENDING ARTICLE 6,
SECTION 602 IN ORDER TO RESTRUCTURE PARKING REGULATIONS
FOR SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT (2)
SECOND READING ORDINANCE TO AMEND CHAPTER 35 OF CODE
"MOTOR VEHICLES AND TRAFFIC," -- AMEND ARTICLE VIII,
"COCONUT GROVE PARKING IMPROVEMENTS TRUST FUND," --
DELETE THE DIRECTOR OF THE OFF-STREET PARKING DEPARTMENT
AS AN EX -OFFICE NON -VOTING MEMBER OF THE PARKING
ADVISORY COMMITTEE-- REDEFINE SCOPE OF EXPENDITURES OF
COCONUT GROVE PARKING TRUST FUND. -- RESTRUCTURE
SCHEDULE OF FEES AND CHARGES, BY AMENDING SECTIONS 35-191,
35-192, 35-193 AND 35-194 OF CITY RESIDENTIAL (SEE LABELS 83 &
84).
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Any other items? Do you know of any other items that have any controversy?
Ms. Lourdes Slazyk (Deputy Director, Community Planning and Revitalization Dept.): The only
other one that may still have some discussion is the Coconut Grove Parking Ordinance. The rest
of them are noncontroversial.
Mr. Carlos Smith (Assistant City Manager): Mr. Mayor, those are PZ-13 and 14.
Ms. Slazyk: Thirteen and fourteen.
Mayor Carollo: Yeah, that is going to be controversial. You don't think so? Well, we can hear
it and if it starts getting to be controversial, we can pull it out. But, you know, let's go with it
them. All right. Your's is what 12, Tom?
Mr. Tom Post: Mine is 12. Number 12.
194 November 21, 1996
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Mr. Joel Maxwell (Deputy City Manager): Oh, Mr. Mayor. Mr. Mayor.
Mayor Carollo: Hey, coming from you, you sure this is not controversial, Tom?
Mr. Post: I don't believe so.
Mayor Carollo: OK.
Mr. Maxwell: Mr. Mayor.
Mayor Carollo: Yes.
Mr. Maxwell: You need a motion and a vote on those items.
Mayor Carollo: Yeah, that's why I was asking trying to get all that we have.
----------------------------------------------------------------------------------------------------------------
75. DISCUSS / APPROVE CONTINUATION OF AFOREMENTIONED ITEMS
PZ-5 (CONSIDER AMENDING ZONING ORDINANCE BY AMENDING
ARTICLE 6 SECTION 617, SD-17 SOUTH BAYSHORE DRIVE OVERPLAY
DISTRICT, IN ORDER TO PROVIDE FOR DEVELOPMENT BONUSES, AS
INTENDED BY THE DISTRICT, FOR THE PORTION OF THE DISTRICT
BOUNDED BY MCFARLANE ROAD, SOUTH BAYSHORE DRIVE, MARY
STREET AND PORTIONS OF GRAND AVENUE); PZ-9 APPEAL ZONING
BOARD DECISION OF APRIL 22, 1996, WHICH DENIED A VARIANCE
FROM THE ZONING ORDINANCE, ARTICLE 4, SECTION 401, SCHEDULE
OF DISTRICT REGULATIONS, R-1 SINGLE FAMILY RESIDENTIAL,
PERMITTED PRINCIPAL USES, TO PERMIT A STRUCTURE WITH THE
HEIGHT OF 29'-8 925'-0 MAXIMUM ALLOWED ZONED R-1 SINGLE
FAMILY RESIDENTIAL, LOCATED AT 1840 SOUTH BAYSHORE LANE);
PZ-10 (AMEND ORDINANCE NO. 10544, FROM SINGLE FAMILY
RESIDENTIAL TO RESTRICTED COMMERCIAL, TO CHANGE LAND USE
DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY
3240 FLORIDA AVENUE, FROM SINGLE FAMILY RESIDENTIAL TO
RESTRICTED COMMERCIAL); PZ-11 (CHANGE ZONING AS LISTED IN
THE ZONING ORDINANCE, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, FROM R-1 SINGLE FAMILY RESIDENTIAL
SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT, FOR
PROPERTY LOCATED AT 3240 FLORIDA AVENUE) AND PZ-15 (APPEAL
OF ZONING BOARD'S DECISION WHICH DENIED VARIANCES TO
PERMIT TWO STRUCTURES ALONG 2900 S.W. 4 AVENUE WITH LESS
SETBACKS THAN REQUIRED) (SEE LABELS 69,70,71,72,73).
Mayor Carollo: Now we're going to defer PZ-5, so there will be a motion for all these items.
Comisioner Hernandez: Yes.
Mayor Carollo: OK, we've got three of us still here. OK, there will be a motion to defer to
December the 12th PZ-5, PZ-9, PZ-10, PZ-11, PZ-15. Yours is 10 and 11, Lucia or... OK? And
I think that's it. So there's a motion by Commissioner Hernandez, second by Vice Mayor Gort.
All in favor signify by saying "aye." j
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195 November 21, 1996
The Commission (Collectively): Aye.
Mayor Carollo: OK.
The following motion was introduced by Commissioner Hernandez, who moved its adoption:
MOTION NO. 96-884
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEMS PZ-5
(CONSIDER AMENDING ZONING ORDINANCE BY AMENDING ARTICLE 6
SECTION 617, SD-17 SOUTH BAYSHORE DRIVE OVERPLAY DISTRICT, IN
ORDER TO PROVIDE FOR DEVELOPMENT BONUSES, AS INTENDED BY THE
DISTRICT, FOR THE PORTION OF THE DISTRICT BOUNDED BY MCFARLANE
ROAD, SOUTH BAYSHORE DRIVE, MARY STREET AND PORTIONS OF
GRAND AVENUE); PZ-9 APPEAL ZONING BOARD DECISION OF APRIL 22,
1996, WHICH DENIED A VARIANCE FROM THE ZONING ORDINANCE,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1
j SINGLE FAMILY RESIDENTIAL, PERMITTED PRINCIPAL USES, TO PERMIT A
STRUCTURE WITH THE HEIGHT OF 29'-8 925'-0 MAXIMUM ALLOWED
ZONED R-1 SINGLE FAMILY RESIDENTIAL, LOCATED AT 1840 SOUTH
BAYSHORE LANE); PZ-10 (AMEND ORDINANCE NO. 10544, FROM SINGLE
FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL, TO CHANGE LAND
USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 3240
FLORIDA AVENUE, FROM SINGLE FAMILY RESIDENTIAL TO RESTRICTED
COMMERCIAL); PZ-11 (CHANGE ZONING AS LISTED IN THE ZONING
ORDINANCE, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, FROM R-1 SINGLE FAMILY RESIDENTIAL SD-2 COCONUT
GROVE CENTRAL COMMERCIAL DISTRICT, FOR PROPERTY LOCATED AT
3240 FLORIDA AVENUE) AND PZ-15 (APPEAL OF ZONING BOARD'S
DECISION WHICH DENIED VARIANCES TO PERMIT TWO STRUCTURES
ALONG 2900 S.W. 4 AVENUE WITH LESS SETBACKS THAN REQUIRED) TO
THE NEXT COMMISSION MEETING ON PLANNING AND ZONING ITEMS
PRESENTLY SCHEDULED FOR DECEMBER 12, 1996.
Upon being seconded by Vice Mayor Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Humberto Hernandez
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner J. L. Plummer
Commissioner Tomas Regalado
196 November 21, 1996
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76. FIRST READING ORDINANCE: AMEND CHAPTER 62, ARTICLE VI
"ZONING AND PLANNING FEES", OF CODE -- AMEND SECTION 62-62
TO CLARIFY APPEAL PROCEDURES CONCERNING PAYMENT
DEADLINE OF APPEAL FEE. -- APPLICANT: COMMUNITY PLANNING &
REVITALIZATION.-- (SEE LABEL 71).
----------------------------------------------------------------------------------------------------------------
Commissioner Hernandez: Six is where we left off.
Ms. Lourdes Slazyk (Deputy Director, Community Planning and Revitalization Dept.): Thank
you. Yes, six is non -controversial. It's code clarification on fees.
Vice Mayor Gort: Move it.
Mayor Carollo: There is a motion by Vice Mayor Gort. Second by Commissioner Hernandez.
All in favor signify by saying "aye." OK. OK, we're in seven, PZ-7.
Ms. Lourdes Slazyk (Deputy Director, CPR (Community Planning and Revitalization): Yes, PZ-
7 is what I referred to a little bit earlier. It's an amendment to a recent...
Mr. Joel Maxwell: Wait a minute, PZ-6 is an ordinance. I am sorry. Excuse me, Mr. Mayor
PZ-6 is an ordinance. I need to read the title on that.
Ms. Slazyk: Sorry.
Mayor Carollo: Excuse me, you are right. That's an ordinance that has to be read. Go ahead
and read it. Thank you.
An Ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 62 OF THE CITY CODE, AS AMENDED,
ENTITLED: "ZONING AND PLANNING FEES," TO CLARIFY LANGUAGE
REGARDING FEE SUBMITTALS; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
197
November 21, 1996
was introduced by Vice Mayor Gort, seconded by Commissioner Hernandez, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Humberto Hernandez
Commissioner Tomas Regalado
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT:
Commissioner J.L. Plummer, Jr.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
---------------------------------------------------------------------------------------------------------------
77. FIRST READING ORDINANCE: AMEND 11000, BY AMENDING ARTICLE
9, SECTION 910.5, UNITY OF TITLE AGREEMENTS -- TO CLARIFY /
CORRECT RELEASE PROCEDURES PROVISIONS. -- APPLICANT:
COMMUNITY PLANNING & REVITALIZATION. (SEE LABEL 82).
Mayor Carollo: Let's go to PZ-7.
Ms. Lourdes Slazyk (Deputy Director Community Planning and Revitalization) Dept.: All right,
PZ-7 it's a modification to the Unity of Title ordinance to allow for releases administrative
releases, only when the Unity of Title agreement itself allows for such release. You'll still see
any of them that have no provisions for release and in that way we ensure that proper notice is
done for any Unity of Title that may have been accepted that vague. But otherwise, there is no
reason for them to be released according to the procedure set out in the document itself. This
will save you from having to see the one that you had to see earlier.
Vice Mayor Gort: Move it.
Mayor Carollo: Moved by Vice Mayor Gort.
Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Hernandez.
NOTE FOR THE RECORD: Commissioner Regalado entered the
Commission meeting at 5:21 p.m
Mayor Carollo: Call the roll, please.
198 November 21, 1996
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An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
ARTICLE 9, SUBSECTION 910.5, TO MODIFY RELEASE PROCEDURES FOR
UNITY OF TITLE AGREEMENTS; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Mayor Gort, seconded by Commissioner Hernandez, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT:
Commissioner J.L. Plummer, Jr.
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.
----------------------------------------------------------------------------------------------------------------
78. FIRST READING ORDINANCE: AMEND CHAPTER 4 OF CODE SEC. 4-10,
"ALCOHOLIC BEVERAGES"-- AMEND DISTANCE SEPARTION
REQUIREMENTS WITHIN SD-8 DESIGN PLAZA COMMERCIAL -
RESIDENTIAL DISTRICT. -- APPLICANT: COMMUNITY PLANNING &.
REVITALIZATION.
Mayor Carollo: Eight, another ordinance.
Ms. Lourdes Slazyk (Deputy Director, Community Planning and Revitalization): PZ-8 is an
amendment to the City code regarding the distance requirements for alcoholic beverage
establishments in the SD-8. As some of you may know, the SD-8 is the design district. This
district has seen over the past couple of years a resurgence of activity and this is something that
came about through the NET (Neighborhood Enhancement Teams) office and the community in
order to help it fulfill the role as an entertainment design district. It's something that's very
exciting, we are very happy about what's happening there and we've been helping them quite a
bit in promoting themselves. So we recommend approval.
Vice Mayor Gort: I move it.
Mayor Carollo: A motion by Vice Mayor Gort
Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Hernandez. Call the roll please?
199 November 21, 1996
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An Ordinance entitled -
AN ORDINANCE AMENDING THE CITY CODE, CHAPTER 4, ENTITLED:
"ALCOHOLIC BEVERAGES," BY AMENDING SECTION 4-10, RELATING TO
DISTANCE SEPARATION, BY MODIFYING THE DISTANCE SEPARATION
BETWEEN ESTABLISHMENTS FOR THE SD-8 DESIGN PLAZA COMMERCIAL -
RESIDENTIAL DISTRICT; FURTHER, UPDATING THE CENTRAL
COMMERCIAL DISTRICT DESIGNATION TO INCLUDE THE WORD
"BUSINESS"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Mayor Gort, seconded by Commissioner Hernandez, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT:
Commissioner J.L. Plummer, Jr.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------
79. FIRST READING ORDINANCE: AMEND 11000 -- AMEND ARTICLES 9 &
25 -- INTRODUCE SECTION 916, INTERIM PARKING, TO
CONDITIONALLY USE UNIMPROVED / PARTIALLY IMPROVED LOTS
IN CITY FOR ACCESSORY PARKING PURPOSES & TO CODIFY
APPLICABLE STANDARDS TO REGULATE THEIR LOCATION & MODE
OF OPERATION -- FURTHER AMEND SECTION 2502 TO DEFINE
"INTERIM PARKING".
Mayor Carollo: 01r, we're in PZ-12. Mr. Post.
Ms. Lourdes Slazyk (Deputy Director, Community Planning and Revitalization): PZ-12 is an
interim parking ordinance. What this does is recognize that in conjunction with special events as
well as major public facilities, we needed an ordinance to address the parking component.
Without this, parking lots around our major public facilities have to comply with certain South
Florida building code requirements which would basically turn all these lots into asphalt jungles.
What this ordinance proposes to do is what we did at the Orange Bowl ourselves, is provide - it's
kind of like a honeycomb stabilizing base system under the grass so that the appearance of the
lot will be like a park. It will remain green, it will look like grass but it's stable enough to hold
the cars. The conditions for this approval are that they get a special permit through the Planning
Department in which we could attach conditions related to the facility itself. If there is going to
be evening parking, we attach conditions that they have lights. This will turn what's an unsafe
situation now, into something safe and that will not turn the parking lot, you know facilities into
all asphalt around our...
200 November 21, 1996
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Mayor Carollo: Good, is there a motion?
Vice Mayor Gort: I think I'll move for discussion purpose.
Mr. Tom Post: Gentlemen, my name is Tom Post.
Mr. Walter J. Foeman (City Clerk): I need to swear... Excuse me, I need to swear you in.
Mayor Carollo: Tom, you have to be sworn in and then give you name and address, please.
Mr. Foeman: Do you solemnly swear or affirm that the statements you are about to make or here
tonight, will be the truth and nothing but the truth, so help you God?
Mr. Post: Yes.
Mayor Carollo: Are you in agreement with staff"?
Mr. Post: I'd like to explain what I am concerned about. I generally agree with them. My name
is Tom Post, my address is 901 Northeast 2nd Avenue, Miami, Florida. I am here on behalf of
myself. This lot, interim parking agreement, we generally approve. There is one amendment
that we would like to make. Actually, there are two amendments. On page three, basically what
they have done is said that you could have these type lots as long as they are solid and
maintained in a park -like atmosphere. But within 500 feet of a major facility. In the City of
Miami, that is essentially one block. So we have asked that it be included either to 1,500 feet or
to a 1,000 feet, which would include two blocks. We think the one block limit radius is too
small, particularly when you add on the widths of the streets beyond any facility. So on page
three, in Section 916.2.2 we would request that the 600 foot radius be changed to 1,500 feet
which basically is less than three blocks, when you take into• consideration the streets and things
of that nature. So that would be our first request.
Mayor Carollo: Staff.
Ms. Slazyk: The... 1,000....
Mayor Carollo: Five hundred.
Ms. Slazyk: Yeah.
Mayor Carollo: He wants from the 600.
Ms. Slazyk: Well, it says 600 now, not 500.
Mr. Post: That's one City block in the City of Miami.
Ms. Slazyk: Right.
Mr. Post. Most blocks are 300 by 500. So that doesn't give you much assistance.
Ms. Slazyk: Yeah. I would like to ask the City attorney if that is a change that would require it
to return to a Planning Advisory?
Mr. Joel Maxwell (Deputy City Manager): That would constitute a substantial change. Such
changes normally result in the item being returned to the Planning Advisory Board.
201 November 21, 1996
P
Mayor Carollo: Well, it's up to staff. If you want to bring it back, research it or if you want to
recommend that we move forward like this.
Ms. Slazyk: The reason that I would like to move forward like this... I would like to first of all
look at the implications of going to 1,000 feet. But secondly, this was passed also in response to
a situation going on at the Arena, where they... Remember, they came in for a whole series of
Class I -Special Permits, 75 of them to handle their special events until we could write this and
get it to you. I understand that those are about out. So they either going to come back and ask
for another series of Class I permits so that they can keep parking there, or we can pass this so it
will be ready in time for when they run out and then consider an amendment to this to increase it
to a 1,000, within a couple, two months I can have that.
Vice Mayor Gort: This is first reading. We can pass it on first reading. We can amend it on the
second meeting.
Mr. Maxwell: If they want to make that type change and it is deemed that that is a substantial
change, that would only delay it further if you pass it on first reading and attempt to do it on
second reading. You will only find yourself in December having to send it back to the Planning
Board at that time.
Mr. Post: Let me tell you our concern. We are a little mom and pop lot, we are small lot. We
are not one of these major lots but we... You have all been to the Arena. And there is
inadequate parking in the Arena they way it is. So, some of our lots we just simply stopped
operating because we couldn't afford a hundred (dollars per night per event. These are small
lots. If you charge five ($5) dollars, you've got to have 25 cars to make your hundred ($100)
dollars just to pay your fee and these lots don't have 25 cars. So what we're asking, I don't think
it is a major change. Maybe 1,500 is a little broad but maybe a 1,000 and that's less than 100
percent. So...
Mayor Carollo: Well why don't we go ahead and pass this one for the reasons that they stated in
the record and then come back and amend it. Because as it is, we're not going to be able to pass
600 or a thousand 1,000 now, if we bring it back to staff.
Mr. Post: OK, let me give you the... Let me tell you the other concern I have and maybe you
would like to defer it then.
Mayor Carollo: You told me this is not going to be controversial, Tom.
Mr. Post: I didn't feel that 500 feet, you know 100 is a major thing.
Mr. Jack Luft (Director of Community Planning and Revitalization Dept.): Well, we'll bring it
back at 12th or 15th.
Mr. Post: If you want to... OK, you're going to bring it back on the... they can look at it, we'll
move to defer it.
Mr. Luft: Yeah. I would like to pass this and then we'll bring it back and work with your
request. I have no problem with that.
Mr. Post: OK. Let me tell you what the other request is. I just want to make sure it's clear and
that's on page four where you've talked about"... in order to mitigate any potential adverse
effects that unimproved interim, parking lots may have on adjacent area, all such facilities
intended to be utilized as short term event parking as described in the above section, shall be
required to maintain a park -like appearance to consist of full leased sodded lots over an approved
202 November 21, 1996
stabilized, below grade pervious system or any other type of system which provides a
honeycomb type stabilized base underneath the lot." And it's my understanding that what you
want to do is to get good drainage as long as we've maintained it in a park -like manner, that's all
right.
Mr. Luft: Correct.
Mr. Post: We wanted to include the words because we've had this done in one of our lots.
We've built it up with porous rock and then put the sod over the top and it's beautiful. It's one
of the finest lots in the area and it's only used a couple times a week and so it's fine. I just
wanted to make sure that including a build up rock base met your requirements.
Mr. Luft: We believe that's included in the description, but that's acceptable.
Mr. Post: OK. With that, I don't have any problem.
Vice Mayor Gort: Move it.
' Mr. Post: And I just would request that...
Mayor Carollo: There's a motion by Vice Mayor Gort.
Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Hernandez. Can you read the ordinance please? Call
the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
ARTICLE 9, SECTION 916, TO ADD A NEW SECTION ENTITLED: "INTERIM
PARKING," AND SECTION 2502, TO PROVIDE A DEFINITION FOR "INTERIM
PARKING"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Mayor Gort, seconded by Commissioner Hernandez, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT:
Commissioner J.L. Plummer, Jr.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Mayor Carollo: OK, we are in second reading ordinance on 13. A companion item to 14.
Vice Mayor Gort: Mr. Mayor.
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Mayor Carollo: Hold on.
Ms. Lourdes Slazyk (Deputy Director, CPR -Community Planning and Revitalization): OK, PZ-
13 and 14, are the Coconut Grove Parking ordinances.
Mayor Carollo: We'll have to wait until 6:00 p.m. unfortunately.
Ms. Slazyk: Oh, that's true. So there is nothing.
Mayor Carollo: We cannot consider them until... before 6:00 p.m.
Ms. Slazyk: That's correct.
Mayor Carollo: All right, is there anything else that this body has before it?
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80. DISCUSS/APPROVE THAT AGENDA ITEM PZ-4 (PROPOSED
ORDINANCE TO ADD GROUND FLOOR OFFICE USES AS CONDITIONAL
PRINCIPAL USE OF HIGH DENSITY RESIDENTIAL PROJECT BY CLASS
II SPECIAL PERMIT -- FURTHER PROPOSING TO PROVIDE FOR NEW
PARKING REQUIREMENTS FOR SAID USES IN SD-20 EDGEWATER
OVERLAY DISTRICT) BE HEARD AT SCHEDULED MEETING OF
12/12/96, BEFORE 5:00 P.M. (SEE LABLE 68).
----------------------------------------------------------------------------------------------------------------
Mr. Joel Maxwell (Assistant City Attorney): There is one other thing you can do Mr. Mayor
since you have four votes here. It would save you time for the next meeting. Under the law, you
are now able to by extraordinary vote change the meeting times of certain type zoning items.
And because the item PZ-4, there were others but this is one that you did adopt today. Because
PZ-4 was passed today, you can by four -fifths vote move to have that item heard before five
o'clock at the next meeting. And that would expedite. So if you so move...
Mayor Carollo: OK, is there a motion?
Mr. Maxwell: PZ-4.
Mayor Carollo: A motion made by Vice Mayor Gort. Second by Commissioner Regalado.
Commissioner Regalado: Uh-huh.
Mayor Carollo: All in favor signify by saying "aye."
The Commission (Collectively): Aye.
204 November 21, 1996
The following motion was introduced by Vice Mayor Gort, who moved its adoption:
MOTION NO.96-885
A MOTION STATING THAT AGENDA ITEM PZ-4 (PROPOSED ORDINANCE TO
ADD GROUND FLOOR OFFICE USES AS CONDITIONAL PRINCIPAL USE OF
HIGH DENSITY RESIDENTIAL PROJECT BY CLASS II SPECIAL PERMIT AND
TO PROVIDE FOR NEW PARKING REQUIREMENTS FOR SAID USES IN SD-20
EDGEWATER OVERLAY DISTRICT) CAN BE HEARD AT THE NEXT
COMMISSION MEETING OF DECEMBER 12, 1996 BEFORE 5 P.M.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by
the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS:
ABSENT:
None.
Commissioner J.L. Plummer, Jr.
-------------------------------------------------------- -------------------------------------------------------
81. DISCUSS APPOINTMENTS OF BRUNO CARNESELLA & ROBERT
MASRIEH TO COCONUT GROVE PARKING COMMITTEE. -- SEE LABEL
60 & 61.
Mayor Carollo: Anything else? OK, Mr. Clerk, what do you need exactly?
Mr. Walter J. Foeman (City Clerk): I was told that you had an appointment to one of the boards
Mayor Carollo: No, no. There is a clarification.
Mr. Foeman: OK.
Mayor Carollo: The two appointments that I had made of Mr. Masrieh and Mr. Carnesella were
for the Coconut Grove Parking Committee, not for the other item that you thought. That's why
it was approved and I've mentioned both of those names. I just want to clarify.
Mr. Foeman: OK, so you want to change those appointments to...
Mayor Carollo: No, I don't want to change them. I want to put them where I originally put them
at. It's not my mistake, it's yours.
Mr. Foeman: OK, all right. So the Coconut Grove Parking Advisory Committee is the place
where you want those appointments to be.
Mayor Carollo: Right.
205 November 21, 1996
Mr. Foeman: You still have one pending appointment.
Mayor Carollo: Yeah, I have one pending appointment. That's what I was saying before. That I
didn't understand why you kept telling me that I had three appointments.
Mr. Foeman: Right.
Mayor Carollo: When I thought I had one left.
Mr. Foeman: Right.
Mayor Carollo: Thank you, Walter.
Mr. Foeman: OK.
Mayor Carollo: Sure.
---------- -----------------------------------------------------------------------------------------------
82. APPROVE THAT AGENDA ITEMS PZ-7 (PROPOSED ORDINANCE TO
CLARIFY/CORRECT PROVISIONS PERTAINING TO RELEASE
PROCEDURES IN UNITY OF TITLE) & PZ-8 (PROPOSED ORDINANCE
AMENDING DISTANCE REQUIREMENTS WITHIN SD-1 DESIGN PLAZA
COMMERCIAL -RESIDENTIAL DISTRICT) BE HEARD AT SCHEDULED
MEETING OF 12/12/96 BEFORE 5:00 P.M. (SEE LABEL 77 AND 78).
Mr. Joel Maxwell (Deputy City Attorney): Mr. Mayor. I am sorry.
Mayor Carollo: Yes.
Vice Mayor Gort: Seven and eight...
Mr. Maxwell: Seven and eight could also be addressed by the four -fifths vote for an early
hearing at the next meeting.
Mayor Carollo: Seven and eight?
Mr. Maxwell: Yes, sir.
Mayor Carollo: OK, is there a motion to hear seven and eight at an earlier time?
Vice Mayor Gort: So moved.
Mr. Maxwell: That's correct, earlier than five o'clock.
Mayor Carollo: There's a motion by Vice Mayor Gort, second by Commissioner Hernandez.
All in favor signify by saying "aye."
The Commission (Collectively): Aye.
206 November 21, 1996
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The following motion was introduced by Vice Mayor Gort, who moved its adoption:
MOTION NO. 96-886
A MOTION STATING THAT AGENDA ITEM PZ-7 (PROPOSED ORDINANCE TO
CLARIFY AND CORRECT CERTAIN PROVISIONS PERTAINING TO RELEASE
PROCEDURES IN UNITY OF TITLE) AND ITEM PZ-8 (PROPOSED ORDINANCE
TO AMEND THE DISTANCE REQUIREMENTS WITHIN THE SD-1 DESIGN
PLAZA COMMERCIAL -RESIDENTIAL DISTRICT) CAN BE HEARD AT THE
COMMISSION MEETING OF DECEMBER 12, 1996 BEFORE 5 P.M.
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
Mr. Maxwell: Thank you.
Mayor Carollo: OK. We will then reconvene at 6:00 p.m. sharp.
Vice Mayor Gort: We've got to make eight also, right.
Mr. Maxwell: I am sorry.
Vice Mayor Gort: We did both, seven and eight at the same time?
Mr. Maxwell: Yes, you did.
Mayor Carollo: How about... Yeah, we did both. So we will reconvene at 6:00 p.m. sharp,
please.
NOTE FOR THE RECORD: Thereupon, the City Commission
recessed at 5:33 p.m., and reconvened at 6:10 p.m. with all
members of the City Commission except Commissioner
Hernandez and Commissioner Plummer found to be present.
207 November 21, 1996
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83. SECOND READING ORDINANCE: AMEND 11000 -- BY AMENDING
ARTICLE 6, SECTION 602 -- TO RESTRUCTURE PARKING
REGULATIONS FOR SD-2 COCONUT GROVE CENTRAL COMMERCIAL
DISTRICT -- APPLICANT: COMMUNITY PLANNING &
REVITALIZATION.
Ms. Slazyk: PZ-13 and 14 are companion items. This is the second reading, to amend the
Zoning Ordinance and City Code regarding the Coconut Grove Parking Trust Fund. Between
first reading and today - actually, between yesterday and today - we were notified... We have a
letter which Jack is copying to distribute to the Commission, from the State of Florida General
Counsel for the State of Florida, requesting that the Coconut Grove Playhouse Property be
included in the property described in PZ-13, for which off -site parking can be accommodated.
The Planning Department has agreed to meet with them for... to consider that amendment. But I
have spoken to the Law Department about this, and that is not something that can be added at
this meeting. It's a substantial modification, and it has to go through due process, through the
Planning Advisory Board, the Parking Advisory Committee, and then back to the Commission.
Vice Mayor Gort: Lourdes, I'm sorry, I missed the first part.
Ms. Slazyk: OK. The Playhouse property, it's a portion of...
Vice Mayor Gort: Right.
Ms. Slazyk: ... GI. It's just adjacent to SD-2 District. In PZ-13, one of the items that's in this
ordinance, is that... Basically, you can provide your required parking in several ways under this
ordinance. First of all, you can provide it on site. You can get a waiver by paying into the trust
fund, or you can find your parking off site, as long as it's in the SD-2 District. The Playhouse
property would like to be included in the area described for which off -site parking can be
located. There's various reasons why this should be considered, including the fact that up until
several years ago, the Playhouse property was SD-2 zoning. It was changed when we adopted
our comprehensive plan and put Zoning Ordinance 11000 into place. We want to go back and
study that. That's not something we can make a recommendation to you here today. We agree,
there's some merits to the arguments they're making, but it's not something that can be done
here tonight. We would urge you to pass this on second reading, and let us consider what's
being requested. We do need to go to the Parking Advisory Committee with this amendment. It
has to go to the Planning Advisory Board, and it could be back to you in a matter of a couple of
months.
Mayor Carollo: All right.
Ms. Slazyk: Yeah. We would commit to bring it back.
Mayor Carollo: Fine. Vice Mayor Gort.
Vice Mayor Gort: I'm glad you're looking at that, because I receive a lot of calls from people
south of the special commercial... the commercial area right before the Playhouse. I don't
remember what you call that street that goes there right now...
Unidentified Speaker: Commodore Plaza.
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Vice Mayor Gort: Commodore Plaza. My understanding, a lot of individuals in Commodore
Plaza feel that they have been paying this tax, and they're not going to receive any benefit for
what they're paying. Also, they want to make sure that they have... and we did that today. Ted
Stahl was named as part of the board of... the Advisory Board. So that's one item that been
taken care of. They feel that they're being ignored, that they have paid a lot, a large portion of
the fundings for this parking facility, and yet, most of the benefit is north of them. So this is one
of the things, that they had an opposition to this amendment here.
Mr. Jack Luft (Deputy, CPR Dept.): Well, Commissioner, understand that as long as the Parking
Authority is running the lot, as they do today, this ordinance would not prevent them from
doing... renting the parking on the GI District or the Playhouse. This would only be necessary to
changes if it were to go to a private operator. And we recognize that that's important to
consider, and we will bring back an amendment. But as it stands today, with the Parking
Authority running the lot, we can do everything that we need to do in that lot today.
Vice Mayor Gort: Are you telling me we're going to be providing parking south of Commodore
Plaza?
Mr. Luft: Yes.
Vice Mayor Gort: To benefit the people, the merchants within that area?
Mr. Luft: That is definitely part of our plan. Obviously, with the lawsuits and the situation we
have today, we couldn't commit, you know, the Parking Authority to something, but it's part of
our plan.
Vice Mayor Gort: I understand. OK. Thank you.
Mayor Carollo: All right. Anyone from the public that would like to speak? Mr. Stahl?
NOTE FOR THE RECORD: Commissioner Hernandez enters the
Commission chamber at 6:19 p.m.
Mayor Carollo: Thank you.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Ted Stahl: My name is Ted Stahl. I reside at 3171 Royal Road, Coconut Grove, and my
business office is at 3120 Commodore Plaza. I would very quickly like to take you back
before... a time before there was a Coconut Grove Off -Street Parking Board, and before there
were 800 parking spaces of a phantom fund. This goes back to 1991. I had a piece of property
at 3120 Commodore Plaza that was in demand for restaurants at the time. And over the years,
there had been several restaurants opening up in Coconut Grove that were opening on what we
called take-out licenses. And after the licenses and the COs (Certificates of Occupancy) were
issued, in went the tables and chairs, and operated as a full restaurant. Numerous times, my
property was asked to be marketed, in the demand for a restaurant back in 1991. Each time I
went to the City, the City said, "Mr. Stahl, you don't have parking facilities." So at that time, I
couldn't market my property for what was in demand in 1991. Each time I went, they kept
209 November 21, 1996
turning me down. So then, I said, "May I rent spaces from the Coconut Grove Playhouse?" "No,
those spaces are temporary use. We have to have something more concrete." Frustrated, I went
before the Planning and Zoning, and on July the 1st, in 1991, the only variance that has ever
been issued in this community, and the only one that has ever been issued was issued to me,
based on a waiver of 29 parking spaces of 31 required, because the City felt that I had two
behind my building. The Resolution ZB-3691 went into effect on September the 27th of 1991.
At that time, I had a contract with a contingency to use my building for a restaurant. The plans
that had been presented to the Planning Zone (sic) were not complete, which are not necessary,
to apply for a variance. The architect that was... had done the original plans on my building had
retired and closed up his offices. At that time, with a contract on my building, I went to a new
architect. The architect started on the plans to pull a permit, when Hurricane Andrew came into
our area and devastated the properties of Coconut Grove. The original architect, as I said, had
retired, and by the time the drawings were completed, I went... and Hurricane Andrew came, and
all of the zoning variances that were in place were extended another six-month period. Then
after that six-month period, the City allowed another six-month period, because of the problems
that we had had. By the time the roof on my property had been evaluated, and completed and
approved for the payment by the insurance company, I had then lost that contact. By the time
the roof was fixed, less than six months after the hurricane, another contract was drawn up from
a restaurant, and on a contingency basis. We then faced the moratorium on the sewers. And I
am on a septic tank, and I've always been on a septic tank. And so to operate a restaurant in my
building, with the variance, I had to hook up to the sewers. And there was a moratorium, and I
couldn't hook up to the sewers. In the meantime, the northern part of our community has
become extremely popular in the real estate value. And you are all aware, and this group is
aware that the decline of Commodore has been extremely serious. And it is impossible, and has
been impossible for me to market my property. And what I am here asking for today is your
help and your support. And graciously, by the Planning Department, they have continued to let
me have a demolition permit that I have gone back to every six months since 1994 to extend this
demolition permit, has given me the right to keep this variance alive, which today is alive. And
I'm... I feel that I went through the proper legal way of doing things the proper way. I was
given a variance back in a period when there was no parking fund, there was no parking board,
but I did it the legal way. And due to complications over the years, I have been unable to market
my property. And I am only asking that these 29 parking spaces which were never a part of
anything be given to me as grandfathered in on my property. That's all I'm asking for today.
Until things change on Commodore Plaza, I need every bit of help I can have. And that is one of
the strongest things I've got going for me, that I don't have to pay into this parking fund.
Vice Mayor Gort: OK.
Mayor Carollo: Staff.
Vice Mayor Gort: This is a resolution that was passed and approved.
Ms. Slazyk: Yeah. Let me try and address that.
Mayor Carollo: Yeah.
Ms. Slazyk: Under this, the Parking Ordinance that was passed several years ago, you cannot
ask for a variance anymore.
Vice Mayor Gort: Right.
Ms. Slazyk: OK? So once his variance dies, he can't come back and ask for it. And I was just
asking the Zoning Administrator, and I guess I would like to ask the Law Department too. To
the best of my knowledge, there is no mechanism in the Zoning Ordinance or anywhere by
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which you can grant him this variance forever, you know, grandfather those 29 spaces forever to
run with this property. I'm not sure of any way to do that. And maybe we need to look at the
Code a little bit further to see, but...
Mr. Stahl: May I ask you this...
Ms. Slazyk: And the thing is, if it dies, he can't come back and ask for it anymore, because now,
there is another option in place, which is the trust fund, and that's where he should be coming to
get the spaces.
Vice Mayor Gort: Well, my understanding is this variance was granted, and it's still alive, it's
still effective.
Ms. Slazyk: The variance is still alive, yes.
Vice Mayor Gort: So he's...
Ms. Slazyk: But he needs to keep a building permit alive and active to keep the variance.
Mr. Stahl: That was my second suggestion. If you do not feel that you could grandfather me in,
would you please ask the Planning and Zoning? As long as I continue to pay that demolition
permit every six months, to keep it alive, I'm willing to do that.
Mr. Carlos Smith (Assistant City Manager): My understanding is that his demolition permit
expires in January or February of next year.
Mr. Stahl: It expires...
Mr. Smith: And it has been extended in February. It has been extended three times already.
Mr. Stahl: Yes, sir. It will expire August the 23rd of '96 (sic).
Mayor Carollo: Well, what I'm hearing is that... What I'm hearing is that there is a legitimate
hardship here, and I'd just like to hear from Zoning to see what can we do to be fair to him.
Mr. Juan Gonzalez: Yes. Mr. Mayor, Commissioners, I think the solution probably would be to
ask for staff to look at this, and to favorably look at the extension every six months until this
problem is resolved of the parking. That probably is the best solution right now, and something
that can be done. In other words, every 180 days, extend that permit to keep that variance alive.
Mr. Stahl: Mr. Gonzalez, I appreciate that. And... but you just made it until the parking was
situated. We have not only a parking problem, we have a problem of spaces on Commodore
Plaza that, at the moment, are very difficult to market. And...
Mr. Gonzalez: OK. Mr. Stahl, let me rephrase that. Till your problem is resolved.
Mr. Stahl: OK. Thank you, sir.
Vice Mayor Gort: OK.
Mr. Stahl: Thank you, gentlemen.
Mayor Carollo: Thank you, Mr. Stahl. Mr. Alonso.
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Mr. Manny Alonso-Poch: Yes. Good evening. Manny Alonso, 2100 Ponce de Leon Boulevard,
Suite 1170, Coral Gables, Florida. I'm here representing a prospective developer to the Coconut
Grove Playhouse parking lot, and to request that you send this item back to staff for further work
until such time as some of the... some very important items are clarified and included in this
ordinance. I graciously accept the offer that Ms. Slazyk has made with regard to bringing this
back, but we don't care to go through all the machinations again that are required, in order to
come back to you. We have been involved in this process, maybe not from the beginning, but
we have been involved in the process for at least two months. And we have argued that the GI
District where the Playhouse sits should be included as part of the area where parking can be
provided for merchants of Coconut Grove, to provide parking to their patrons and to the... and to
their residents. It is not in this ordinance now. It has not been included. And there are other
items in the ordinance that I think need to be addressed. I'd like to briefly go over them with
you. First, Section 602-10, which is the section of the ordinance which speaks to the minimum
required parking. It includes in there some of the ways that a property owner or a merchant can
provide their parking through this ordinance, but doesn't include all of them. So it is not clear
right now exactly all of the ways in which the... somebody can provide parking under the
ordinance. Then Section 602-10-4, which was the one I was referring to before, does not include
the Playhouse property as one of the properties where merchants can lease space from. This is
one of the most lucrative parcels of property in the area. It is one of the parcels that has the most
parking spaces in the Coconut Grove business district, and it's being excluded. It's not in here
right now, and it should be included. For those reasons, we are asking you... And I don't know
if you want me to speak to the Parking Trust Fund amendments now - I will gladly do so now -
or wait until later. I think we're now just on this item. But as far as this item is concerned, this
item needs... This ordinance still needs work. And it's not... it's really not to the satisfaction, at
least to a lot of people in the area, and definitely not to the Playhouse. As prospective
developers, we see this as a burden, not being able to have the GI District Playhouse property
included, because part of the proposal contemplates being able to rent parking spaces to the
Commodore area merchants. So on that basis, we'd ask for you to defer it back to staff, and
bring it back as soon as it can with those changes made.
Mr. Luft: Mr. Mayor and members of the Commission, we have given considerable attention to
the issues Mr. Alonso has brought to us. We have conferred with our Parking Advisory Board,
with the Authority, with our Law Department, and we're satisfied, and the community is
satisfied that all of his issues have been adequately and correctly addressed. The language is
correct in the ordinance. And I just don't see that going back over some of these other items is
going to prove profitable. We're very firmly committed to the ordinance that we have before
you here. What we do acknowledge is that the GI District can be added. But we've been told by
the Law Department that to do that would be a substantial change, and would literally throw this
ordinance or anything we try to do in the way of an amendment back to the Planning Advisory
Board and back to a three-month process. So whether he would like to go back through the
process or not, in order to achieve that, we have to. What we are asking you here tonight is to
adopt this ordinance and resolve a significant outstanding problem we have with a number of
businesses that have been waiting patiently for several months to get in on the provisions that
this would allow them. And we will bring back to you an amendment, as we must, in order to
include the GI District, and address that problem, and we've committed to him that we would do
that. I just don't see the issue on these other modifications. This ordinance has been studied for
nine months intensely, and has met the approval now of all of our organizations in the Grove.
Mayor Carollo: Lucia.
Ms. Lucia Dougherty: Good evening. Lucia Dougherty, with offices at 1221 Brickell Avenue,
here today representing Lennar, who is probably the largest contributor to the fund. We are here
to ask you to pass this ordinance this evening. If you need to make modifications in the future,
that's fine. But we've been working on this, not nine months, but about two years. And this is
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just too late in the game to ask for a deferral on the item, especially when they can be handled at
a later time. With respect to one of Mr. Alonso-Poch's concerns, I think we can handle that one
today, because it's not a substantial change, if you wanted to do that.
Mr. Joel Maxwell (Deputy City Attorney): Which one are you speaking of, Ms. Dougherty?
Ms. Dougherty: He's considering 602.10, and he's suggesting that you don't spell out all the
ways that you can provide parking. I sent over some proposed language to Lourdes Slazyk, and
it says basically, in addition to the paragraph at the top, "Said minimum parking requirements
may be satisfied by providing the parking, pursuant to 602.1010.4, or paying in lieu of providing
the parking, pursuant to 602.1012." And then the rest of it as it is. So that was only a
clarification. It is not a... It is not a substantial change, because it is what the ordinance says.
But he is concerned that it doesn't say it as well.
Mr. Luft: I'm sorry. Ms. Dougherty, where are you reading from? I'm trying to follow you.
Ms. Dougherty: At the top of 602.10. I faxed this over to Lourdes the other day. At the top of
602.10.1, it says that, "Except as otherwise"... on top of your chart. Here's your language, then
I've added, "Said minimum parking requirements may be satisfied by providing the parking,
pursuant to 602.1.4, or paying in lieu of providing the parking, pursuant to that." It's simply a
clarification of how you go about doing it.
Ms. Slazyk: Yeah. The addition she wants to add is something that's already stated in the next
few pages of the ordinance. It would further clarify what's in the next few pages, and I would
not mind adding that one, you know.
Ms. Dougherty: All I'm asking you is, please don't defer the ordinance today. Thank you.
Mr. Alonso-Poch: Mr. Mayor, if I could ask for the Planning Department to go on record and
state why, if this ordinance has been in the works for so long, the GI District has not been
considered, and has been left out of the ordinance, when it is the most important parking piece of
property on the south end of the Grove?
Mayor Carollo: You can certainly ask that. Jack?
Mr. Robert Masrieh: Excuse me a minute.
Mayor Carollo: Go ahead.
Mr. Masrieh: Robert Masrieh. 2980 McFarlane Road, Coconut Grove. In answer to the
question, the GI District has always been considered. But one has to look into the history.
When this was started, as is now, Off -Street Parking holds the lease on this property. It was
contemplated to include the GI, as is now in this ordinance, in terms of funding any gap
financing to Off -Street Parking on a garage there. That is included in this ordinance that's
before you. The difference in what is being asked today was immaterial to a property that was
leased for 80 years by a governmental agency that is the conduit of these funds. To be in direct
competition, in terms of the leasing of waivers, by this particular agency in that particular
property would be nonsensical. So it was never included or envisaged. The RFP (Request for
Proposals) in question here came much later, after the entire process had begun and was nearly
completed. So it's not a matter that it was never contemplated. It was, but it did not make sense
to include it. At this moment in time, the true entities involved are the State of Florida, who is
the owner, the Off -Street Parking Authority that is the leaseholder, and a potential party to be
chosen maybe in the future, sometime in '97, that might become an RFP candidate, who might
benefit by a leasing arrangement, or who might not. Surely, this Commission should consider
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the plight of the people that have been waiting for months to open businesses in Coconut Grove,
the fund, which is intended to grow to achieve those aims in terms of creating the parking. We
are holding up potentially 400 parking spaces to the tune of approximately twenty thousand
dollars ($20,000) a month revenue to the fund by not passing this ordinance. This ordinance
should be passed, and these items of concern to the GI should be considered by the Parking
Advisory Committee and the PAB (Planning Advisory Board), and brought back here with a
proper analysis of what should be done, not just in terms of this one insertion, but any other
concerns that the State of Florida may have, or the community may have, or staff may have.
Thank you.
Mr. Luft: I'm not certain that that was clear, but I would only add that the GI was not necessary
to include because the Parking Authority was the entity providing the parking. They can do that
in any zone. This ordinance does not prevent them from doing it on the Playhouse or anywhere
else, Dinner Key, wherever they might see fit. What we can do here... And the Law Department
has said, if you wish to amend this to include GI so that a private entity could do the same, you'll
have to go back through the entire process. We're willing to do that. I will say on the record
we've already discussed this with Mr. Alonso. We'll draft up an amendment to the ordinance
and bring it back. It won't extend... It won't shorten his time period at all to do this, or to defer
this. It's the same, same difference. But we would prefer to move with this ordinance today,
and then engage that process for the change. That's the only mechanism we have to satisfy his
concern.
Mr. Alonso-Poch: I think we're missing the point here, Mr. Mayor. The question was, why was
the GI excluded from the Zoning Code provision that allows merchants of the Coconut Grove
Business District to lease space from the Playhouse? That is the question. Why was it left out?
When this is...
Mr. Luft: And the answer is, it makes no difference.
Mr. Alonso-Poch: Excuse me, excuse me. I allowed you to speak. It does make a difference
in... especially in light of the fact that it is known that the Playhouse is looking for a developer to
develop a large -sized garage on that site. They are looking to develop at least a 500-car parking
garage at that site. To leave them out is... is totally contrary to the interest of that community
that needs parking. And the logical thing would be to include them, so that if and when they
identify a developer, that the developer is able to come in and provide the parking. Yeah, it's
true, Off -Street Parking is there now, but they're not going to be there forever. They don't want
to be there forever. That's been their desire to get out of there, because to them, it's not a
money -making activity. But the Playhouse does want to have a large parking garage there. And
to leave them out makes no sense. Why weren't they left in? And I haven't heard that, the
answer to that question yet. You know, they've worked for nine months, at least, up to two
years, and the Playhouse is still out of the loop.
Mayor Carollo: Well, Tucker, go ahead, because we've got to bring this to a head.
Mr. Tucker Gibbs: OK. Right. And very briefly, I don't know why it was left out. But I can
tell you one thing. I've been working on this project, and so has the Village Council of
Cocoanut Grove. And you know what? It doesn't make a difference, and I'll tell you why. If
you get what you want, and this thing is thrown back to the PAB, it's going to take another three
months to get back here. All we're asking for is to pass this thing tonight, take his proposal, and
let it run through the system. Either way, it comes back in three months. He wants to have this
whole thing come back in three months. We're saying pass the ordinance now, let his thing
come back in three months, and let's get on with it, because the City and DOSP (Department of
Off -Street Parking) is losing - what, is it twenty thousand dollars ($20,000) a month? - and
probably more. I mean, you're talking about the City not having money. This is an agency of
214 November 21, 1996
the City. Why are we sitting around here waiting? It's an important issue in Coconut Grove.
And it's not going to hurt him, because either way... If you go the way he says, your City
Attorney is saying it's got to go back to PAB. Let his resolution... Let his amendment go back
and pass this thing tonight. Thank you.
Mr. Alonso-Poch: Mr. Mayor, if I may, one more time. We're confusing the issue here. We
have two amendments proposed, one to the Zoning Ordinance, one to the Parking Trust Fund
Ordinance. I'm referring to the Zoning Ordinance only. I have not spoken to the other
ordinance that provides funds for Off -Street Parking. I'm referring to the ordinance, to the
Zoning Code that allows merchants from within the Coconut Grove Business District to rent
spaces within the SD-2 District, and leave out the Playhouse. That's all I'm talking about. I'm
not talking about anything else. And the issue is being confused by the fact that if we don't pass
this tonight, Off -Street Parking is out of money. That's not the case. That's not the issue. The
issue is simply why the Playhouse has been left out of this section of the ordinance; not whether
or not Off -Street Parking can collect money from the merchants or not. That's another issue,
totally independent from this one. And I haven't heard an answer to this particular issue up to
now.
Mayor Carollo: OK, Manny. Let me have staff give the final rebuttal, and then I'll open it up to
see what the will... final will of the Commission is. Jack.
Mr. Luft: It was left out only because it was never contemplated up until just recently that a
private entity would come in to build a garage. With that change in direction, we now have the
needs to reconsider the GI and include it. So we're willing to do that. It wasn't a deliberate
attempt to exclude it. It was always understood the Parking Authority was operating it, and this
would apply. And I would further point out that the second ordinance, the Code Ordinance is
worthless... it doesn't mean anything without passing the first one. They're companion items.
We have to pass them both for this money to work.
Mayor Carollo: What is the will of the Commission?
Vice Mayor Gort: Move it.
Mayor Carollo: There's a motion. Is there a second? Of course. There's a motion and there's a
second by Commissioner Regalado. Open for discussion.
Commissioner Hernandez: Mr. Alonso, regardless, what you want to be is included into the
Zoning Ordinance, right?
Mr. Alonso-Poch: That is correct.
Commissioner Hernandez: And regardless, you're going to have to wait three months; is that
correct?
Mr. Alonso-Poch: According to what... No, we should not have to wait three months. This... I
don't know why the Law Department has now changed their mind. Yesterday, they indicated to
us that with a waiver of notice from the State of Florida that they had no problem with the
change in this ordinance. Today, there has been a change in opinion. And today, they are
saying...
Mr. Maxwell: Mr....
Mr. Alonso-Poch: Let me finish, please, and then you can speak. Today, I am told that, no, this
is a substantial change. However, in the two companion provisions, one of them does include
215 November 21, 1996
1i
the Coconut Grove Playhouse as part of the definition of the district from where parking can be
had. And that's the other section that is in front of you tonight, Section 35 of the City Code.
That says that the Playhouse is included. And it does provide the GI District northeast of
Charles Avenue as part of the ordinance. So I don't... We thought it was a typo, to begin with.
We thought it was simply a typographical error that was not included in the Zoning Code part of
the ordinance, because it's included in the Parking Trust Fund part of the ordinance. So... But
now, you know, all of a sudden, there's a big discrepancy. It's not... You know, it's a
substantial change, which shouldn't be, because if it's been in the process all along, and that
district has been defined to include the Playhouse, now, they don't include it in that portion of
the Code, and it's a substantial change. Doesn't make any sense to me.
Mr. Maxwell: Mr. Mayor.
Mayor Carollo: Yes.
Mr. Maxwell: First, of all, I ask... I don't know if Mr. Alonso-Poch is speaking of me when he
says "Law Department," but I have never had a conversation with Mr. Alonso-Poch. Secondly, I
was asked during an agenda review about this item, and it was described to me as an amendment
to the Coconut Grove Center. And also, conversations about... statements about typos and so
forth. And I indicated at that time that if that was a typographical error and so forth, that we
could take care of that issue. Upon subsequent discussions after that, I determined or I was
informed that what we were talking about were two different districts. You have the SD-2
Coconut Grove Central Commercial District, and then there was the GI Theater District, two
different, separate zoning districts. And, I mean, it's elementary, basic, that if you have not
noticed that district at all, you can't include it at all. That's a total violation of Chapter 166, and
a violation of Chapter 62 of your own Zoning Code... of the City Code, rather. So you cannot
address that district tonight. Now, the other amendments that Mr. Poch asked for, I would have
to take a close look at those and see whether or not those are clarifications, as well. Shooting
from the hip sometimes does lead to misunderstandings, Mr. Poch.
Commissioner Hernandez: Mr. Luft, then, it's the Administration's position that you will
include his client in the future.
Mr. Luft: Yes, sir.
Commissioner Hernandez: And there's no way we can do that without three months going by.
Mr. Luft: Well, without going back to the Planning Advisory Board, going back to the Parking
Trust for their review, then scheduling the Commission, going through two readings and a 30-
day period.
Vice Mayor Gort: But this, say, in passing this today, it does not avoid him from bringing it
back in three months and having it be included.
Mr. Luft: That's right.
Mr. Alonso-Poch: Yes, but it does burden us with a tremendous process that has already taken
place, in which... in which we have participated.
Vice Mayor Gort: Right. Well...
Commissioner Hernandez: The problem that I see, Manny, for us here on the Board, is that the
City Attorney is telling us that we cannot include you without the three-month process.
216 November 21, 1996
Mr. Maxwell: Well, when you say three months, that figure may be an arbitrary figure in terms
of how long it would take, but it would have to go back to the beginning and make its way
through the process to include the Coconut Grove District.
Mr. Alonso-Poch: The fact that this district, the GI District, which is completely.., which
encompasses property only owned by the State of Florida was the reason why they asked for a
waiver of the notice. And the State of Florida sent today to them a waiver of the notice so that
the district could be included. And they have this in their possession, the letter from the General
Counsel of the Secretary of State, saying that they waive the notice requirements so that the
district could be included. I don't see why now there is an objection, because there was no
objection yesterday.
Mr. Maxwell: That's not sufficient. It clearly was not noticed.
Vice Mayor Gort: I made a motion. It's up to you all.
Mayor Carollo: There's a motion, there's a second. I really don't see what other choice we
have. I mean, we've been going over and over and over this, this whole parking ordinance, to
the point that, you know, we've been beating this to death, you know, and frankly, I want to see
something move forward. I'm tired of dealing with this whole thing time and time again, when
we have so many other things to deal with. I think, Manny, that, you know, we have no choice
but to go forward with it. And I, for one, will be happy to sit down with you and staff and try to
get your process moving forward as fast as we possibly can. And Jack, I would appreciate it if
you could contact him...
Mr. Luft: We certainly will.
Mayor Carollo: ... so that you could begin the process to move forward as fast as possible.
Mr. Luft: Immediately.
Mayor Carollo: All right. Any further discussion from the Commission?
Commissioner Regalado: No.
Mayor Carollo: OK. Call the roll, Mr. Clerk.
Mr. Walter Foeman (City Clerk): It's an ordinance, Mr. Mayor,
Mayor Carollo: OK. You got to read the ordinance again, second reading. Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZOINING ORDINANCE BY AMENDING
ARTICLE 6, SECTION 602 IN ORDER TO RESTRUCTURE THE PARKING
REGULATIONS FOR THE SD-2, COCONUT GROVE CENTRAL COMMERCIAL
DISTRICT; CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
217 November 21, 1996
En
ri
passed on its first reading, by title, at the meeting of October 30, 1996, was taken up for
its second and final reading, by title, and adoption. On motion of Vice Mayor Gort,
seconded by Commissioner Regalado, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS:
None.
ABSENT: Commissioner J.L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11414.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Mr. Maxwell: Clarification, Mr. Mayor. Is that with the change that...
Vice Mayor Gort: Yes.
Mr. Maxwell: ... that Lucia and...
Mr. Luft: With a clarification of Section 602.1.
Mr. Maxwell: ... the Planning Department accepted?
Vice Mayor Gort: Yes.
------------------------------------------------------- --------------------------------------------------------
84. SECOND READING ORDINANCE: AMEND CHAPTER 35 OF CODE,
"MOTOR VEHICLES AND TRAFFIC" -- AMEND ARTICLE VIII,
"COCONUT GROVE PARKING IMPROVEMENTS TRUST FUND," TO
DELETE DIRECTOR OF OFF STREET PARKING DEPARTMENT AS AN
EX-OFFICIO NON -VOTING MEMBER OF PARKING ADVISORY
COMMITTEE --REDEFINE SCOPE OF EXPENDITURES OF COCONUT
GROVE PARKING TRUST FUND -- RESTRUCTURE SCHEDULE OF FEES
AND CHARGES BY AMENDING 35-191, 35-192, 35-193 & 35-194 OF CITY
RESIDENTIAL -- APPLICANT: COMMUNITY PLANNING &
REVITALIZATION.
----------------------------------------------------------------------
Mayor Carollo: OK. Let's go to the next one, which is 14.
Mr. Jack Luft (Director, CPR Dept.): Item PZ...
Mayor Carollo: Yeah, PZ-14, yeah.
Mr. Luft: PZ-14 is a companion item.
0-1rd
November 21, 1996
r
>04)
Mayor Carollo: Yeah.
Vice Mayor Gort: Move it.
Mayor Carollo: There's a motion by Vice Mayor Gort, second by Commissioner Regalado.
Open for discussion.
Mr. James McMaster: I'll be very brief. I've been speaking to Juan and Jack. I have no
problem with this item. I'd just like to get a sense of the Commission that staff, including the
glass house, can look into who might not be paying into the fund in the Village Center and
finally clear that up. So Ellie... I think he's here. Ellie, could you come up and... I'd like to get
Ellie to help Juan, just to make sure that everybody is paying into the fund.
Ms. Ellie Haydock (Coconut Grove NET): I'lI be happy to, because you'll help, too, right?
Mr. McMaster: I'll help, too. Thank you.
Vice Mayor Gort: I'm sorry, I didn't understand. I didn't get that.
Mr. Luft: He was... He wants the Commission to direct staff to make certain that everyone who
is supposed to be paying in the fund is, in fact, current on their payments.
Vice Mayor Gort: OK. Thank you.
Mayor Carollo: All right.
Vice Mayor Gort: It's been moved. I moved it.
Mayor Carollo: It's been moved, it's been seconded. Hearing no further discussion, all... Can
you read the ordinance, please?
Mr. Maxwell: Yes, sir.
Mayor Carollo: Call the roll, please.
An Ordinance entitled -
AN ORDINANCE AMENDING CHAPTER 35 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED: "MOTOR VEHICLES AND
TRAFFIC," BY AMENDING ARTICLE VIII, "COCONUT GROVE PARKING
IMPROVEMENT TRUST FUND," TO DELETE THE DIRECTOR OFTHE OFF-
STREET PARKING DEPARTMENT AS AN EX-OFFICIO NON -VOTING MEMBER
OF THE COCONUT GROVE PARKING ADVISORY COMMITTEE; TO REDEFINE
THE SCOPE OF EXPENDITURES OF THE COCONUT GROVE PARKING TRUST
FUND AND TO RESTRUCTURE THE SCHEDULE OF FEES AND CHARGES;
MORE SPECIFICALLY BY AMENDING SECTIONS 35-191, 35-192, 35-193 AND
35-194 OF THE CITY CODE; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
219 November 21, 1996
14i
passed on its first reading, by title, at the meeting of October 30, 1996, was taken up for
its second and final reading, by title, and adoption. On motion of Vice Mayor Gort,
seconded by Commissioner Regalado, the ordinance was thereupon given its second and
final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner Tomas Regalado
Commissioner Humberto Hernandez
Vice Mayor Wifredo Gort
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11415.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Mayor Carollo: No further items before this board?
Vice Mayor Gort: Move to adjourn.
Mr. Carlos Smith (Assistant City Manager): No further items, Mayor.
Mayor Carollo: All right. Then this meeting is adjourned. Thank you.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 6:48 P.M.
JOE CAROLLO
MAYOR
ATTEST:
Walter Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
220
November 21, 1996