HomeMy WebLinkAboutCC 1996-12-12 MinutesOF MEETING HELD ON DECEMBE 112, 1996
REGULAR & PLA14NING AND ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
WALTER J. FOEMAN
CITY CLERK
171
0
ITEM
NO.
1.
2.
2.1.
2.2.
2.3.
INDEX
MINUTES OF REGULAR AND PLANNING & ZONING MEETING
December 12,1996
SUBJECT
LEGISLATION
PRESENTATION / COMMENDATION(S).
DISCUSSION
12/12/96
CONSENT AGENDA.
DISCUSSION
12/12/96
AUTHORIZE CITY MANAGER TO EXECUTE
R 96-887
PROFESSIONAL SERVICES AGREEMENTS --
12/12/96
FOR LATENT PRINT EXAMINER SERVICES
FOR POLICE DEPARTMENT -- ALLOCATE
FUNDS: ($63,000 FROM POLICE CODE
290201-270).
AUTHORIZE POLICE TO USE METRO-DADE
R 96.868
POLICE FIRING RANGE AND MEDLEY
12/12/96
POLICE DEPARTMENT FIRING RANGE FOR
IN-SERVICE FIRE ARM TRAINING AND
RECERTIFICATION FOR MIAMI POLICE
OFFICERS-- ALLOCATE FUNDS $10,000,
POLICE ACCOUNT 001000.290201.6.270).
AUTHORIZE POLICE TO EXPEND FUNDS
R 96-889
WITH CLERK OF COURTS FOR PAYMENT OF
12/12/96
FILING FEES, ACQUISITION OF CERTIFIED
DOCUMENTS, AND RELATED MATTERS --
ALLOCATE FUNDS ($14,000; $2,000
ACCOUNT CODE 001000.290201.6.270 AND
$12,000 ACCOUNT CODE
690001.290904.6.270) .
ACCEPT PLAT: BRICKELL KEY ON
R 96-890
CLAUGHTON ISLAND SECTION FOUR.
12/12/96
APPROVE CONTRACT FOR FRAMING OF R 96-891
PROTOCOL DOCUMENTS, CERTIFICATES 12/12/96
AND PICTURES- ART & FRAME MART AND
OLD MAKER & HERMAN D / B / A
DIASPORART (FEMALE / LOCAL VENDOR) --
ALLOCATE FUNDS $22,750).
PAGE
NO.
2
2-3
3
4
n
5
5
r
r„1
3. DECLARE NEED FOR NON -VALOREM
R 96-892 6-10
SPECIAL ASSESSMENT -- EXPRESS
12/12/96
COMMISSION'S INTENT TO IMPOSE
SPECIAL ASSESSMENT WITHIN
INCORPORATED AREA OF CITY BEGINNING
10/1/97 -- FOR FIRE -RESCUE SERVICES &
FACILITIES. -- USE UNIFORM METHOD OF
REVENUE COLLECTION PER FS 197.3632.
4. RENAME FLAGLER TERRACE MINI PARK AS
R 96-893 10-12
BAY OF PIGS MEMORIAL PARK --
12/12196
CODESIGNATE S.W. 56 AVENUE, 1 STREET,
2 STREET, 3 STREET, 4 STREET AS
FOLLOWS: MAJOR RUDOLPH ANDERSON
JR. AVENUE / LEO FRANCIS BAKER STREET/
THOMAS WILLARD RAY STREET / RILEY
SHANBURGER STREET / WADE C. GRAY
STREET.
S. PERSONAL APPEARANCE: JOSE
DISCUSSION 13-14
RODRIGUEZ -- KPMG PEAT MARWICK LLP --
12/12/96
REGARDING UPDATE OF AUDIT OF CITY'S
FINANCIAL STATEMENTS AS OF 9/30/96 --
DISCUSSION.
6. GRANT PERMIT FOR ALCOHOLIC
R 96-894 14-15
BEVERAGES SALE AT TASTE OF THE
12/12/96
GROVE EVENT IN PEACOCK & MYERS
PARK.
7. PERSONAL APPEARANCE: DONNA
SWEENY -- WOMAN'S CLUB OF COCONUT
GROVE -- GRANT EXCEPTION TO CURRENT
ZONING TO ESTABLISH COMMUNITY
MARKET AT 2985 SO. BAYS HORE DR.
8. (A) EMERGENCY ORDINANCE: AMEND
SECTION 5 OF ORDINANCE 6145 -- FEES
FOR BUILDING / PLUMBING J ELECTRICAL /
MECHANICAL (BOILER, ELEVATOR)
INSPECTION / PERMIT / CERTIFICATE
FEES -- ADD / INCREASE FEES TO COVER
ENFORCEMENT COST OF SOUTH FLORIDA
BUILDING CODE
(B) DISCUSSION RE DELAYS IN GRANTING
BUILDING PERMITS.
9. EMERGENCY ORDINANCE: AMEND
ORDINANCE 11383 (SPECIAL REVENUE
FUND ENTITLED OPERATION C.A.R.S.) --
INCREASE FUND NOT TO EXCEED $40,000.--
ACCEPT GRANT FOR $40,000 FROM
FLORIDA MOTOR VEHICLE THEFT
PREVENTION AUTHORITY.
R 96-895
12/12/96
ORDINANCE
11416
12/12/96
ORDINANCE
11417
12/12/96
16-18
18-24
10.
SECOND READING ORDINANCE: ESTABLISH
ORDINANCE
SPECIAL REVENUE FUND (PARTNERSHIP
11418
FUND) -- APPROPRIATE $25,000 --
12/12/96
AUTHORIZE POLICE TO ACCEPT
MONETARY DONATIONS FROM PRIVATE
SECTOR -- FURTHER, EXPEND SAID FUNDS
ON POLICE SPONSORED COMMUNITY
EVENTS.
11.
AMEND CHAPTER 40 (PERSONNEL) OF
ORDINANCE
CODE -- SEPARATE SPECIFIC VIOLATIONS
11419
OF SECTION 40-98 5), GROUNDS FOR
12/12/96
DISMISSAL / SUSPENSION / DEMOTION TO
DISTINGUISH EACH VIOLATION.
12.
DISCUSS / DEFER CONSIDERATION OF
M 96-896
PROPOSED SECOND READING ORDINANCE
12/12/96
(AMEND CODE -- ADD SECTION 37-72 TO
PROHIBIT DELIVERY WITHIN CITY OF
BUILDING MATERIALS VALUED OVER
$500.00, UNLESS BUILDING PERMIT
NUMBER IS INCLUDED IN PURCHASE
ORDER.)
13.
(A) AMEND/ SET COMPENSATION OF CIVIL
R 96-897
SERVICE BOARD MEMBERS AT $1.00 PER
12/12/96
YEAR
(B) DISCUSSION RE OPPORTUNITY OF
PUBLIC TO PARTICIPATE IN
CONSIDERATION OF EMERGENCY ITEMS
RELATED TO FEE INCREASES LEVIED AS
RESULT OF FISCAL EMERGENCY
STRATEGY (PLAN).
14.
EMERGENCY ORDINANCE: AMEND CODE
ORDINANCE
SECTION 62-53, REDUCE COMPENSATION
11420
OF PLANNING ADVISORY & ZONING
12/12/96
BOARDS MEMBERS AT $1.00 PER YEAR.
15.
ALLOW CIVIL SERVICE / PLANNING
R 96-898
ADVISORY / ZONING BOARDS MEMBERS TO
12/12/96
REMAIN IN HEALTH INSURANCE PLAN AT
100% OF COST.
16.
(A) NUISANCE ABATEMENT BOARD TO BE
M 96-899
ADMINISTERED BY HEARING BOARDS
12/12/96
(B) DISCUSSION RE COUNSELS FOR
BOARDS: SALARIES, BENEFITS.
17.
DISCUSS / DEFER CONSIDERATION OF
DISCUSSION
USHUD SECTION 108 LOAN -- FORWARD TO
12/12/96
FINANCIAL EMERGENCY OVERSIGHT
BOARD FOR REVIEW.
18.
EMERGENCY ORDINANCE: AMEND CODE
ORDINANCE
SEC. 62-61, "SCHEDULE OF FEES," TO
11421
INCREASE FEES FOR CLASS II SPECIAL
12/12/96
PERMIT
26-27
27-28
28-30
31-36
36-38
39-40
40-44
44
44-46
0
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19.
ALLOW SPECIAL COUNSELS OF CIVIL
R 96-900 46-47
SERVICE / PLANNING ADVISORY / ZONING /
12/12/96
CODE ENFORCEMENT / NUISANCE
ABATEMENT BOARDS TO PARTICIPATE IN
HEALTH (MEDICAL) INSURANCE PLAN
PROVIDED SAID ATTORNEYS PAY 100% OF
COST.
20.
DISCUSSION CONCERNING INTERLOCAL
M 96-901 47-49
AGREEMENT BETWEEN DADE COUNTY AND
12/12/96
THE CITY OF MIAMI REGARDING THE FEC /
BICENTENNIAL PARK PROPERTY --
MANAGER TO BRING BEFORE CITY
COMMISSION BEFORE SIGNING SAME.
21.
AMEND CODE SEC. 18-80, "AUTHORITY TO
M 96-902 49-53
SELL" BY DELETING REQUIREMENT THAT
12/12/96
CITY MUST FIRST OFFER SURPLUS
PROPERTY FOR SALE AT APPRAISED
VALUE TO METRO DADE AND SCHOOL
BOARD -- DISCUSSION OF COMMISSION
POLICY RE PAYMENTS IN LIEU OF TAXES --
SEE LABEL 23.
22.
BRIEFLY DISCUSS / TABLE CONSIDERATION
DISCUSSION 54-56
OF AMENDING CHAPTER 42 OF CODE
12/12/96
ESTABLISHING MAXIMUM RATES TO BE
CHARGED FOR SPECIAL POLICE
DEPARTMENTAL SERVICES -- SEE LABEL
24.
23.
AMEND SECTION 18-80 OF CODE,
ORDINANCE 57
"AUTHORITY TO SELL" BY DELETING
11422
REQUIREMENT THAT THE CITY MUST FIRST
12/12/96
OFFER SURPLUS PROPERTY FOR SALE AT
APPRAISED VALUE TO METRO DADE
COUNTY AND SCHOOL BOARD. (See label
21).
24.
EMERGENCY ORDINANCE: AMEND
ORDINANCE 58-62
SECTION 42-8.1(b), SPECIAL OFF -DUTY
11423
POLICE SERVICES ADMINISTRATIVE FEE --
12/12/96
EXTRA NEIGHBORHOOD PATROL. (SEE
LABEL 22).
25.
EMERGENCY ORDINANCE: AMEND
ORDINANCE 63-68
CHAPTER 3.5, ARTICLE 11 OF CODE, "ALARM
11424
SYSTEMS, BURGLARY AND ROBBERY
12/12/96
ALARMS" -- AMEND SECTIONS 3.5-23/3.5 -
24/3.5-27, PROVIDING FOR FEE
ADJUSTMENTS FOR ALARM PERMITS AND
FALSE ALARM SERVICE CHARGES --
FURTHER, CONSIDER SURGES IN
ELECTRICITY WHICH SET OFF ALARMS --
ALSO, CONSIDER LIEN ON HOUSES WITH
REPEATED FALSE ALARM REPORTS.
26.
EMERGENCY ORDINANCE: AMEND
ORDINANCE
CHAPTER 42 (SEC. 42-8) OF CODE
11425
ESTABLISHING FEES FOR SPECIAL
12/12/96
DEPARTMENTAL SERVICES: RECORD
CHECKS / ACCIDENT REPORTS /
MISCELLANEOUS DOCUMENTS/ LOST &
FOUND PROPERTY / POLICE INSPECTIONS /
TRANSACTION FORMS BY PAWN SHOP
DETAIL. (See label 22).
27.
EMERGENCY ORDINANCE: AMEND
ORDINANCE
CHAPTER 42 OF CODE ESTABLISHING
11426
MAXIMUM TOWING RATES TO BE CHARGED
12/12/96
BY BUSINESSES RECOVERING / TOWING /
REMOVING / STORING MOTOR VEHICLES
PARKED IN PRIVATE PROPERTY
ILLEGALLY -- AMEND SECTION 42-80,
MAXIMUM TOWING AND STORAGE RATES.
28.
BRIEFLY DISCUSS / TABLE TO AFTERNOON,
DISCUSSION
CONSIDERATION OF FOUR PROPOSED
12/12/96
POCKET ITEMS (EMERGENCY).
29.
FIRST READING ORDINANCE: DECLARE SIX
ORDINANCE
MONTH MORATORIUM ON ASSESSMENT OF
FIRST
ADDITIONAL FEES FOR RESIDENTIAL
READING
PROPERTY APPLICATIONS PURSUANT TO
12/12/96
CODE SECTION 62-61(4), WHERE
APPLICANT SEEKS TO CORRECT
VIOLATIONS TO ZONING VARIANCES OR
RESIDENTIAL BUILDING PERMITS FOR
ADDITIONS / ALTERATIONS-- FURTHER
DIRECT MANAGER TO CONDUCT A PUBLIC
INFORMATION CAMPAIGN IN ENGLISH AND
SPANISH TO INFORM CITIZENS OF SAME.
30.
FIRST READING ORDINANCE: AMEND
ORDINANCE
CHAPTER 53-86 OF CODE AS AMENDED,
FIRST
ENTITLED: "DOCKAGE RATES" -- REPEAL
READING
SECTION 2 OF ORDINANCE 9251, WHICH
12/12/96
ADOPTED A SCHEDULE OF FEES AT CITY
MARINAS -- FURTHER, ASCERTAIN BEFORE
SECOND READING IF PROPOSED RATES
ARE COMPARABLE TO DADE COUNTY'S
AND IF CAI SVENDSEN WOULD GO OUT OF
BUSINESS AS A RESULT OF NEW DOCKAGE
FEES.
31.
MAYOR CAROLLO PRESENTS HIS
DISCUSSION
PROPOSED FINANCIAL RECOVERY
12/12/96
REVENUE PLAN.-- FURTHER, DIRECT CITY
MANAGER TO INSTRUCT POLICE CHIEF TO
MEET WITH CITIZENS CONCERNED WITH
THE CLOSING OF NORTH DISTRICT POLICE
SUBSTATION. (See label 47).
69-70
70-72
72-73
74-77
l§ ."
86-115
q�I
77,
32.
VICE -MAYOR REGALADO REQUESTS
POLICE PROTECTION FOR NICARAGUAN
PRESIDENT-ELECT ARNOLDO ALEMAN
DURING HIS STAY IN MIAMI FOR THE
CARIBBEAN LATIN AMERICAN
CONFERENCE -- DISCUSSION.
33.
DISCUSS / DISAPPROVE PROPOSED FIRST
READING ORDINANCE AMENDING CHAPTER
22 OF CODE ENTITLED "GARBAGE AND
TRASH", INCREASING WASTE FEES.
34.
AUTHORIZE BAYFRONT PARK
MANAGEMENT TRUST TO DISCONTINUE
OFFERING FEE WAIVERS OR COMMUNITY
EVENT DATES -- FOR USE OF MILDRED AND
CLAUDE PEPPER PARK.
35.
AUTHORIZE / DIRECT CITY MANAGER AND
CITY CLERK TO EXECUTE RELEASE OF
COVENANT CONCERNING PREMISES AT
LOTS 4 & 5, LESS EAST 15 FEET THEREOF
AND LOT 6 IN BLOCK 10 OF EDGEWATER
SUBDIVISION -- AND LOT 10, IN BLOCK 10
OF EDGEWATER.
36.
AUTHORIZE AGREEMENT WITH ORANGE
BOWL COMMITTEE, INC. FOR STAGING
KING ORANGE BOWL PARADE ON
DECEMBER 28, 1996 AND USE OF
PROPERTY AT 1100 N.W. SOUTH RIVER
DRIVE FOR PREPARATION OF FLOATS FOR
SIX MONTHS.
37.
BRIEF DISCUSSION CONCERNING PARKING
METER REVENUES DERIVED BY OFF-
STREET PARKING.
38.
BRIEF COMMENTS BY COMMISSIONER
PLUMMER TO CLARIFY ACTION OF 11/21/96
WHICH APPOINTED COMMISSIONER
HUMBERTO HERNANDEZ TO JOBS AND
EDUCATION PARTNERSHIP REGIONAL
BOARD.
39.
EMERGENCY ORDINANCE: AMEND
SECTION 53-161(4) OF CODE, "SCHEDULE
OF FEES%- ESTABLISH REVISED PARKING
RATES AT JAMES L. KNIGHT
INTERNATIONAL CENTER PUBLIC PARKING
FACILITY.
40.
EMERGENCY ORDINANCE: AMEND
SECTION 53-161(4) OF CODE, "SCHEDULE
OF FEES" -- ESTABLISH SCHEDULE OF
PARKING RATES AT COCONUT GROVE
CONVENTION CENTER PUBLIC FACILITY.
r
i
DISCUSSION 116-117
12/12/96
DISCUSSION 117-128
12/12/96
R 96-903 129
12/12/96
R 96-904
12/12/96
R 96-905
12/12/96
DISCUSSION
12/12/96
DISCUSSION
12/12/96
ORDINANCE
11427
12/12/96
ORDINANCE
11428
12/12/96
130-131
131-132
132-133
134
134-136
136-137
i
MA
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41.
EMERGENCY ORDINANCE: AMEND
ORDINANCE
137-138
SECTION 53-135 OF CODE -- CHANGE
11429
SCHEDULE FOR PARKING RATES AT
12/12/96
ORANGE BOWL STADIUM -- DELETE
PARKING RATES FOR MARINE STADIUM.
42.
DISCUSS BRIEFLY HAVING WAREHOUSE
DISCUSSION
138-139
FACILITIES AT SOUTH RIVER DRIVE DURING
12/12/96
ORANGE BOWL PARADE SCHEDULED FOR
12/28/96.
43.
AUTHORIZE REQUEST FOR PROPOSALS IN
M 96-906
139-142
CONNECTION WITH SALE OF SOLID WASTE
12/12/96
SURPLUS TRUCKS -- ALLOW TEN DAYS
AFTER AD FOR BID RESPONSES.
44.
A) ESTABLISH BUILDING AND ZONING
R 96-907
142-144
COMMITTEE TO EVALUATE EFFICIENCY OF
R 96-907.1
BUILDING AND ZONING OPERATIONS AND
12/12/96
PROVIDE RECOMMENDATIONS
(B) APPOINT LUIS ROCA TO SAID
COMMITTEE
45.
BRIEFLY DISCUSS / TABLE TO LATER IN
DISCUSSION
144
THE MEETING, CONSIDERATION OF
12/12/96
AGENDA ITEMS 28 & 29 (PROVIDING FOR
LEASE AND SUBLEASE OF CAPITAL
EQUIPMENT) -- SEE LABEL 59.
46.
(A) AUTHORIZE LEASE AGREEMENT WITH
R 96-908
144-149
BETTER WAY OF MIAMI, INC. REGARDING
M 96-909
EXTENSION OF LEASE OF CITY -OWNED
12/12/96
PROPERTY AT 800, 810, 820 N.W. 28 STREET
FOR 20 YEARS CONTINGENT UPON
OBTAINING GRANT FOR RENT SUBSIDY
FROM FEDERAL HOME LOAN BANK OF
ATLANTA.
NEGOTIATE WITH METROPOLITAN DADE
CB)
OUNTY TO REMOVE DEED RESTRICTIONS
ON PROPERTIES IN ORDER TO IMPROVE
RESALE VALUE.
47.
PRESENTATION BY MANOLO REYES ON
DISCUSSION
150-160
FINANCIAL RECOVERY STRATEGY FOR THE
12/12/96
CITY.
48.
BRIEF DISCUSSION / SCHEDULE SPECIAL
DISCUSSION
161-162
MEETING FOR BUDGET WORKSHOP FOR
12/12/96
12/19/96, AT 10:.00 A.M.
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49.
FIRST READING ORDINANCE: AMEND CODE
ORDINANCE 162-164
RELATED TO FIRE PROTECTION
FIRST
PENALTIES, PERMITS AND FEES -- (1)
READING
INCREASE CHARGES FOR INSPECTION AND
12/12/96
TESTING OF FIRE SUPPRESSION SYSTEMS
/ (2) ESTABLISH FIRE SAFETY PERMIT / (3)
PROVIDE SCHEDULE OF FEES FOR
ISSUANCE AND ANNUAL RENEWAL / (4)
PROVIDE FOR REVOCATION AND CIVIL AND
CRIMINAL PENALTIES / (5) PROVIDE FOR
USE OF SAID FEES BY AMENDING
SECTIONS 2-409 AND 19-2 AND ADDING
NEW SECTION 19.2.1.
50.
AUTHORIZE CITY MANAGER TO: (1)
R 96-910 164-166
EXECUTE AMENDMENTS TO CERTAIN
12/12/96
EASEMENTS GRANTED TO METROPOLITAN
DADE COUNTY, (2) ACCEPT AMENDMENTS
TO ACCESS AGREEMENT AND EASEMENT
GRANTED TO CITY PURSUANT TO R-95-419,
(3) GRANT TO COUNTY CONSTRUCTION
EASEMENTS AND NON-EXCLUSIVE UTILITY
EASEMENT WITH PAYMENT TO CITY OF
$150,000.
51.
AUTHORIZE CITY MANAGER TO ACCEPT A
R 96-911 166-167
LEGISLATIVE LINE ITEM GRANT FROM
12/12/96
STATE OF FLORIDA, DEPARTMENT OF
ENVIRONMENTAL PROTECTION, FOR MIAMI
RIVERWALK PROJECT FOR $200,000,
52.
AUTHORIZE SALE TO SCHOOL BOARD OF
R 96-912 167-169
DADE COUNTY OF REAL PROPERTY AT: 190
12/12/96
N.W. 20 STREET, 1852 N.W. 1 PLACE, 1834
N.W. 1 PLACE, 1833 N.W. 2 AVENUE, 1800
N.W. 1 PLACE, FOR PURCHASE PRICE OF
$125,000 -- PAY ANNUAL PAYMENT TO CITY
IN LIEU OF TAXES FOR $1,463.19.
53.
ALLOCATE $347,000 OF EMERGENCY
R 96-913 169-170
SHELTER GRANT FUNDS TO PREVIOUSLY
12/12/96
NAMED AGENCIES TO PROVIDE FUNDING
FOR SOCIAL SERVICE PROJECTS SERVING
HOMELESS.
54.
AUTHORIZE REQUEST FOR PROPOSALS
R 96-914 170-172
(RFP) SEEKING NOT -FOR -PROFIT AND
12/12/96
i
GOVERNMENTAL AGENCIES TO PROVIDE
HOUSING ASSISTANCE AND RENTED
SERVICES TO LOW INCOME PERSONS
LIVING WITH HIV / AIDS.
55.
DIRECT ADMINISTRATION: BY MAYOR
DISCUSSION 172-173
CAROLLO TO CONSERVE ELECTRICITY,
12/12/96
WATER AND ELIMINATE UNUSED PHONES
i
COSTS AT RIVERSIDE CENTER AND OTHER
i
CITY OFFICES.
56. AUTHORIZE CITY MANAGER TO EXTEND
CONTRACT PERIOD WITH GREATER
BISCAYNE CHAMBER OF COMMERCE TO 6 /
30 / 97 -- PROVIDE ADDITIONAL $25,125 FOR
ECONOMIC DEVELOPMENT SERVICES --
ALLOCATE FUNDS FROM 22 YEAR CDBG /
CBO'S / ECONOMIC DEVELOPMENT
INCENTIVE POOL.
57. AUTHORIZE CITY MANAGER TO EXECUTE
AGREEMENTS TO ALLOCATE FUNDS FOR
SHORT AND LONG TERM HOUSING
ASSISTANCE TO LOW INCOME PERSONS
WITH AIDS -- ALLOCATE $810,823 TO
METRO-DADE OFFICE OF COMMUNITY
SERVICES -- ALLOCATE $1,924,834 TO
CHRISTIAN COMMUNITY SERVICE AGENCY,
INC.
58. ACCEPT BID: BEST'S MAINTENANCE AND
JANITORIAL SERVICE, INC, -- FOR
FURNISHING OF EVENTS MAINTENANCE
SERVICES AT THE COCONUT GROVE
CONVENTION CENTER -- ALLOCATE FUNDS
$80,000) FROM FY 96-97 COCONUT GROVE
CONVENTION CENTER, ACCOUNT CODE
415000-350201-340,
59. APPROVE TAX-EXEMPT LEASE FOR
PURPOSES OF SECTION 147 (1 OF
INTERNAL REVENUE CODE OF 1986 --
AMONG CITY FLORIDA HEALTH FACILITIES
AUTHORITY / GE CAPITAL PUBLIC FINANCE
INC, / PAN AMERICAN HOSPITAL CORP. --
PROVIDE FOR THE LEASE AND SUBLEASE
OF CERTAIN CAPITAL EQUIPMENT WITH
PRINCIPAL COMPONENTS OF LEASE
PAYMENTS OF NOT TO EXCEED $2,500,000.
60. APPROVE TAX-EXEMPT FINANCING AMONG
CITY / FLORIDA HEALTH FACILITIES
AUTHORITY / GE CAPITAL PUBLIC FINANCE,
INC, / MERCY HOSPITAL INC. -- FOR TAX
EXEMPT LOAN FOR PRINCIPAL OF
$7,000,000 -- USE PROCEEDS TO
PURCHASE ENERGY MANAGEMENT
EQUIPMENT,
61. ISSUE CITY OF MIAMI / FLORIDA HEALTH
FACILITIES AUTHORITY HEALTH FACILITIES
REVENUE BONDS ( MIAMI JEWISH HOME &
HOSPITAL FOR AGED PROJECT) SERIES
1996 FOR $26,000,000,
R 96-915
12/12/96
R 96-916
12/12/96
R 96-917
12/12/96
R 96-918
12/12/96
R 96-919
12/12/96
R 96-920
12/12/96
173-174
174-177
177-179
179-180
180-181
182
62.
APPROVE PURCHASE FROM HYDRAULIC
TECHNICIAN, INC. & FLORIDA DETROIT
DIESEL-ALLISON, INC. -- FOR TRUCK
AUTOMATIC TRANSMISSION EXCHANGES
OR OVERHAULS -- FOR GENERAL
SERVICES ADMINISTRATION / SOLID WASTE
& FIRE RESCUE -- ALLOCATE FUNDS
($55,000: ACCT. CODE 509000-420901-6-670
FOR $35,000 & 280701-670 FOR $20,000)
63.
APPROVE PURCHASE OF LAWN
EQUIPMENT / REPAIR / REPLACEMENT
PARTS FORM 11 VENDORS UNDER DADE
COUNTY CONTRACT 5079-2 / 99-1 -- FOR
GENERAL SERVICES ADMINISTRATION /
SOLID WASTE -- ALLOCATE FUNDS ($50,000.
ACCOUNT CODE 509000-420901-6-702)
64.
APPROVE PURCHASE OF MOBILE
EQUIPMENT REPLACEMENT PARTS &
SERVICE FROM 44 VENDORS FORM DADE
COUNTY CONTRACT 5380-2 / 00 -- FOR
GENERAL SERVICES ADMINISTRATION /
SOLID WASTE & FIRE -RESCUE -- ALLOCATE
FUNDS ($183,000., ACCOUNT CODE 509000-
420901-6-702 FOR $100,000 & 2800701-702
FOR $83,000)
65.
COMMENTS FROM COMMISSIONER
PLUMMER AND VICE MAYOR REGALADO TO
USE LOCAL VENDORS, WHERE FEASIBLE,
TO REPAIR POLICE CARS,
66 APPROVE PURCHASE OF HEAVY
EQUIPMENT WELDING FABRICATION --
FROM B & B WELDING / GENERAL WELDING
SERVICES / HYDRAULIC SALES & SERVICES
/ J.C. INDUSTRIAL MANUFACTURING CORP
UNDER DADE COUNTY CONTRACT 0439-0 /
00 -- FOR GENERAL SERVICES
ADMINISTRATION / SOLID WASTE & FIRE -
RESCUE -- ALLOCATE FUNDS ($44,500.,
ACCT. CODE 509000-420901-6-670 FOR
$40,000 & 2807801-670 FOR $4,500)
67. (A) ACCEPT BID: P.N.M. CORPORATION --
FOR CITYWIDE LOCAL DRAINAGE PROJECT
E-73 B-5628 -- ALLOCATE FUNDS
($135,082.50 FOR CONTRACT COST &
$$26,630. FOR ESTIMATED EXPENSES FOR
TOTAL OF $161,721.50, FROM CIP 352231.
(B) DIRECT CITY CLERK: BY MAYOR
C ROLLO TO PREPARE PROPOSED
LOBBYIST ORDINANCE FOR NEXT
COMMISSION MEETING.
R 96-921
12/12/96
R 96-922
12/12/96
R 96-923
12/12/96
DISCUSSION
12/12/96
R 96-924
12/12/96
R 96-925
12/12/96
183-185
185-186
187-189
189-191
191-192
193-197
68. ISSUE REQUEST FOR PROPOSAL (RFP) TO
QUALIFIED FIRMS -- FOR STATE APPROVED
WORKERS' COMPENSATION MANAGED
CARE PROGRAM FOR CITY EMPLOYEES.
69. DISCUSS / DEFER CONSIDERATION OF
MODIFICATION OF RESOLUTION 96-596
WHICH HAD ALLOCATED $750,000 FROM
CDBG FUNDS FOR REHABILITATION OF
RENTAL UNITS IN OVERTOWN AREA BY
NEW ARENA SQUARE CORPORATION. (SEE
LABEL 75).
70. DISCUSS / DEFER PZ15 -- APPEAL OF
ZONING BOARD'S DECISION OF APRIL 22,
1996, WHICH DENIED VARIANCES FORM
ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF
MIAMI, ARTICLE 4, SECTION 401, SCHEDULE
OF DISTRICT REGULATIONS, R-1 SINGLE
FAMILY RESIDENTIAL, PERMITTED
PRINCIPAL USES, TO PERMIT TWO
STRUCTURES ALONG S.W. 4TH AVENUE
WITH PROPOSED SIDE STREET SETBACKS
OF 5'8" AND 3'8" RESPECTIVELY (15'0"
REQUIRED) ACCORDING TO ARTICLE 25,
SECTION 2502, SPECIFIC DEFINITIONS, TO
ADD A GARAGE AND A PORTE-COCHERE
TO AN EXISTING SINGLE-FAMILY
RESIDENCE; ZONED R-1 SINGLE-FAMILY
RESIDENTIAL.
71. DISCUSS / TABLE CONSIDERATION OF
AGENDA ITEM PZ3 ( APPEAL OF A ZONING
BOARD'S DECISION OF OCTOBER 21, 1996,
WHICH GRANTED A VARIANCE FROM
ORDINANCE 11000, ARTICLE 4, SECION 401,
SCHEDULE OF DISTRICT REGULATIONS, R-
1 SINGLE-FAMILY RESIDENTIAL -- TO
ALLOW REAR YARD SETBACK OF V-0" (20'-
0 REQUIRED) FOR EXISTING ADDITION TO
SINGLE FAMILY RESIDENCE. SUBJECT TO
REMOVING MINIMUM OF 2'-0" OF
CONCRETE SLAB ALONG SIDE AND REAR
PROPERTY LINES; ZONED R-1 SINGLE-
FAMILY RESIDENTIAL.-- APPLICANT:
EDUARDO F. NUNEZ. -- SEE LABEL 79.
R 96-926
12/12/96
DISCUSSION
12/12/96
M 96-927
12/12/96
DISCUSSION
12/12/96
197-201
201-208
208-214
215-216
�i
72.
BRIEFLY DISCUSS / CONTINUE TO MEETING
M 96-928 216-217
OF 1 / 23 / 97, CONSIDERATION OF AGENDA
12/12/96
ITEMS PZ4 ( APPEAL OF ZONING BOARD'S
DECISION -- FOR SPECIAL EXCEPTION AS
LISTED IN ZONING ORDINANCE 11000,
ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, C-2 LIBERAL
COMMERCIAL, TO PERMIT CONVERSION OF
EXISTING COMMERCIAL STRUCTURE TO
PLACE OF WORSHIP; ZONED C-2 LIBERAL
COMMERCIAL.-- APPLICANTS: MARCELINE
PEARLMAN / NADEGE DUTES -- AND OF PZ5
( APPEAL OF ZONING BOARD'S DECISION --
VARIANCE FROM ZONING ORDINANCE
11000, ARTICLE 4, SECTION 401, SCHEDULE
OF DISTRICT REGULATIONS, C-2 LIBERAL
COMMERCIAL, TO PERMIT A GREEN SPACE
AREA OF NO LESS THAN 8.4% OR 2,678
SQUARE FEET (10% OR 3,178 SQUARE FEET
REQUIRED) FOR PLACE OF WORSHIP;
ZONED C-2 LIBERAL COMMERCIAL --
APPLICANT: MARCELINE PEARLMAN /
NADEGE DUTES -- LOCATION: 311-321 N.E.
79 STREET).
73.
RECONSIDER AGENDA ITEM PZ15 --
M 96-929 218-220
CONTINUE CONSIDERATION OF AGENDA
M 96- 929.1
ITEM PZ15 TO MEETING OF 2 / 27 / 97 AT
12/12/96
6:00 P.M. (APPEAL OF ZONING BOARD'S
DECISION DENYING VARIANCES TO PERMIT
TWO STRUCTURES ALONG S.W. 4 AVENUE
WITH PROPOSED SIDE STREET SETBACKS
TO ADD GARAGE AND PORTE-COCHERE
TO SINGLE FAMILY RESIDENCE --
APPLICANT: LAZARO ALBO -- LOCATION:
2900 S.W.4 AVENUE)-- SEE LABEL 70.
74.
DISCUSS / TABLE CONSIDERATION OF
DISCUSSION 220-222
AGENDA ITEM PZ11 TO BE DISCUSSED
12/12/96
LATER ON UNDER LABEL 81 ( PROPOSED
FIRST READING ORDINANCE PROVIDING
FOR DEVELOPMENT BONUSES). -- SEE
LABEL 81.
75.
DISCUSS / DEFER CONSIDERATION OF
DISCUSSION 223-224
AGENDA ITEM 37 (MODIFY RESOLUTION 96-
12/12/96
596 -- APPROVE $1.250 MILLION GRANT TO
NEW ARENA SQUARE CORPORATION --
FOR REHABILITATION PROJECT IN
OVERTOWN) TO MEETING OF 12 / 30 / 97 --
SEE LABEL 69.
FA
ml
76. DENY APPEAL OF ZONING BOARD'S
DECISION TO GRANT SPECIAL EXCEPTION
TO PERMIT CONVERSION OF APARTMENT
BUILDING TO ROOMING / LODGING
HOUSE -- ZONED R-3 MULTIFAMILY MEDIUM
DENSITY RESIDENTIAL -- APPLICANT:
DANIEL & BRIGITTE KAVANAUGH --
LOCATION: 3201 AVIATION AVENUE. -- SEE
LABEL 78.
77. GRANT APPROVAL FOR MAJOR USE
SPECIAL PERMIT PURSUANT TO ARTICLES
13 AND 17 OF ZONING ORDINANCE 11000,--
FOR NEW HOPE OVERTOWN PROJECT, TO
BE COMPRISED OF NOT MORE THAN 40
SINGLE FAMILY DETACHED UNITS OF
AFFORDABLE HOUSING AND 57 PARKING
SPACES -- ZONED R-3 MULTIFAMILY
MEDIUM -DENSITY RESIDENTIAL AND R-4
MULTIFAMILY HIGH -DENSITY RESIDENTIAL.
78. CONTINUE / CLARIFY INTENT OF 96-930:
AFFIRMING ZONING BOARD'S DECISION TO
GRANT SPECIAL EXCEPTION TO PERMIT
CONVERSION TO ROOMING / LODGING
HOUSE -- SEE LABEL 76.
79. CONTINUE / GRANT APPEAL OF A ZONING
BOARD'S DECISION OF 10 / 21 / 96 WHICH
GRANTED VARIANCE FROM ORDINANCE
11000, ARTICLE 4, SECION 401, SCHEDULE
OF DISTRICT REGULATIONS, R-1 SINGLE-
FAMILY RESIDENTIAL -- TO ALLOW REAR
YARD SETBACK OF 5'-01' 20'-0" REQUIRED)
FOR EXISTING ADDITION TO SINGLE
FAMILY RESIDENCE -- SUBJECT TO
REMOVING MINIMUM OF 2'-0" OF
CONCRETE SLAB ALONG SIDE AND REAR
PROPERTY LINES; ZONED R-1 SINGLE-
FAMILY RESIDENTIAL.-- APPLICANT:
EDUARDO F. NUNEZ. -- SE LABEL 71.
80. GRANT APPEAL / REVERSE ZONING BOARD
/ GRANT VARIANCE FROM ORDINANCE
11000, ARTICLE 4, SECTION 401, SCHEDULE
OF DISTRICT REGULATIONS, R-1 SINGLE-
FAMILY RESIDENTIAL, -- PERMITTED
PRINCIPAL USES TO PERMIT STRUCTURE
WITH HEIGHT OF 29'-8" (25'-0" MAXIMUM
ALLOWED) -- ZONED R-1 SINGLE-FAMILY
RESIDENTIAL. -- APPLICANT : ROBERT
TENZER -- LOCATION : 1840 S. BAYSHORE
LANE.
R 96.930
12/12/96
R 96-931
12/12/96
DISCUSSION
12/12/96
R 96-932
12/12/96
R 96-933
12/12/96
224-229
230-232
232-233
233-240
241-247
m
81. CONTINUE CONSIDERATION OF PROPOSED
AMENDMENT TO ZONING ORDINANCE BY
AMENDING ARTICLE 6, SECTION 617, SD-17
SOUTH BAYSHORE DRIVE OVERLAY
DISTRICT -- TO PROVIDE FOR
DEVELOPMENT BONUSES, AS INTENDED
BY THE DISTRICT -- FOR PORTION
BOUNDED BY MCFARLANE ROAD, SOUTH
BAYSHORE DRIVE, MARY STREET AND
PORTIONS OF GRAND AVENUE --
APPLICANT : COMMUNITY PLANNING &
REVITALIZATION -- LOCATION: SD-17 S
BAYSHORE DRIVE OVERLAY DISTRICT --
SEE LABEL 74.
82. SECOND READING ORDINANCE: AMEND
ZONING ORDINANCE 11000 BY AMENDING
ARTICLE 6, SECTION 620, SD-20
EDGEWATER OVERLAY DISTRICT -- TO ADD
GROUND FLOOR OFFICE USES AS
CONDITIONAL PRINCIPAL USE OF HIGH
DENSITY RESIDENTIAL PROJECTS BY
CLASS II SPECIAL PERMIT AND TO PROVIDE
FOR NEW PARKING REQUIREMENTS FOR
SAID USES -- APPLICANT: COMMUNITY
PLANNING & REVITALIZATION -- LOCATION:
SD-20 EDGEWATER OVERLAY DISTRICT,
83. CONTINUE CONSIDERATION OF
FOLLOWING AGENDA ITEMS: (PROPOSED
ORDINANCE TO CLARIFY APPEAL
PROCEDURES PERTAINING TO DEADLINE
FOR PAYMENT OF APPEAL FEE.) PZ-8
(PROPOSED ORDINANCE TO AMEND CODE
CONCERNING UNITY OF TITLE TO CLARIFY/
CORRECT RELEASE PROCEDURES
PROVISIONS.) PZ-9. (PROPOSED
ORDINANCE TO AMEND CODE
CONCERNING ALCOHOLIC BEVERAGES IN
CONNECTION WITH DISTANCE
REQUIREMENTS WITHIN SD-8 DESIGN
PLAZA COMMERCIAL -RESIDENTIAL
DISTRICT.) PZ-10. (PROPOSED ORDINANCE
TO ALLOW UNIMPROVED / PARTIALLY
IMPROVED LOTS IN CITY TO BE USED FOR
ACCESSORY PARKING PURPOSES -- TO
CODIFY APPLICABLE STANDARDS TO
REGULATE LOCATION / MODE OF
OPERATION / PROVIDING FOR INTERIM
PARKING.)
M 96-934
12/12/96
ORDINANCE
11430
12/12/96
M 96-935
12/12/96
247-252
252-253
254-255
r,
84. (A) DISCUSSION OF PROPOSED
ORDINANCE
AMENDMENT TO FUTURE LAND USE MAP
11431
OF COMPREHENSIVE NEIGHBORHOOD
12/12/96
PLAN BY CHANGING LAND USE
DESIGNATION OF PROPERTY LOCATED AT
APPROXIMATELY 3240 FLORIDA AVENUE,
FROM "SINGLE FAMILY RESIDENTIAL" TO
"RESTRICTED COMMERCIAL".
(B) SECOND READING ORDINANCE
CHANGE OF ZONING AS LISTED IN
ORDINANCE NO. 11000, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, FROM 4-1 SINGLE-FAMILY
RESIDENTIAL SD-2 COCONUT GROVE
CENTRAL COMMERCIAL DISTRICT. --
CHANGE ZONING ATLAS -- APPLICANT:
THOMAS G. SHERMAN, ESQ. FOR
FARMER'S MARKET AT COCONUT GROVE.
85. APPOINT PARIS OBREGON TO ZONING
R 96-936
BOARD.
12/12/96
256-264
264-265
5
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 12th day of December, 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 9:28 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:
Cesar Odio, 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 Gort, after which Commissioner
Hernandez then led those present in a pledge of allegiance to the flag.
NOTE FOR THE RECORD: Prior to the beginning of the meeting,
the Administration had withdrawn the following agenda items: 6,
15 and 26.
1
December 12, 1996
x
[i
1. PRESENTATIONS, PROCLAMATIONS, SPECIAL ITEMS --
----------------------------------------------------------------------------------------------------------------
1. Commendation to Officer Ariel Saud for having been selected as the most outstanding officer
j of the month for October 1996.
i
I
NOTE FOR THE RECORD: On a motion duly made by
Commissioner Plummer and seconded by Commissioner
Hernandez, the minutes of the regular Commission meeting of
September 12, 1996; the special Commission meeting of
September 13, 1996; and the special Commission meeting of
September 16, 1996 were approved by the Commission.
----------------------------------------------------------------------------------------------------------------
2. CONSENT AGENDA.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: We are now on the consent agenda.
Commissioner Plummer: It's been brought for a change on CA-5. The correction should read in
the Police Department, it should be fifteen hundred dollars ($1,500) instead of fifteen thousand,
bringing the total down from twenty -two -seven -fifty to nine -two -fifty. That was brought to me
by Captain Longueira of the Police Department.
Mayor Carollo: Also, prior to the distribution of the agenda, items 6 and 15 were withdrawn,
and following the distribution of the agenda, item 26 was withdrawn.
Commissioner Plummer: That's all of the regular agenda.
Mayor Carollo: Right, that's the regular agenda.
Commissioner Plummer: If no one has an objection to the consent agenda, I will move it.
Mayor Carollo: OK. Can you read, Mr. Clerk, the typical reading that we must read on the
consent agenda on objectors or anyone wanting to speak?
Mr. Walter Foeman (City Clerk): Any person who seeks to address the City Commission on any
item appearing in the following portions of this consent agenda, public hearing or public
discussion is invited to do so, and shall, as soon as possible, inform the City Clerk of his/her
desire to speak, giving the City Clerk his/her name. At the time the item is heard, that person
should approach the microphone and wait to be recognized by the Mayor, who presides over the
t
City Commission.
I
Mayor Carollo: OK. Hearing no objectors, is there anyone that would want to speak? There has
been a motion...
2 December 12, 1996'
c
a
Commissioner Plummer: I moved it.
Mayor Carollo: ... by Commissioner Plummer, a second by Commissioner Hernandez. All in
favor, signify by saying "aye."
The Commission (Collectively): Aye.
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISSION, IT WAS D TERMINED THAT ANY CONSENT
AGENDA ITEM, WHICH IS PULLED BY A GIVEN
COMMISSIONER FROM THE CONSENT AGENDA FOR
FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE
AUTOMATICALLY DEFERRED AND SCHEDULED, AS A
REGULAR ITEM, ON THE NEXT AVAILABLE AGENDA,
THEREUPON MOTION DULY MADE BY
COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER HERNANDEZ, THE CONSENT
AGENDA ITEMS WERE PASSED BY THE
FOLLOWING VOTE:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
2.1. AUTHORIZE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES
AGREEMENTS— FOR LATENT PRINT EXAMINER SERVICES FOR POLICE
DEPARTMENT-- ALLOCATE FUNDS: ($63,000 FROM POLICE CODE 290201-
270).
RESOLUTION NO. 96-887
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE PROFESSIONAL SERVICES AGREEMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH INDIVIDUALS,
FOR A PERIOD OF ONE (1) YEAR, WITH THE OPTION TO
EXTEND FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, TO
PROVIDE LATENT PRINT EXAMINER SERVICES FOR THE CITY
OF MIAMI POLICE DEPARTMENT; ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $63,000 FROM THE
POLICE DEPARTMENT GENERAL OPERATING BUDGET, INDEX
CODE 290201-270.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.2. AUTHORIZE POLICE TO USE METRO-DADE POLICE FIRING RANGE AND
MEDLEY POLICE DEPARTMENT FIRING RANGE FOR IN-SERVICE FIRE ARM
TRAINING AND RECERTIFICATION FOR MIAMI POLICE OFFICERS --
ALLOCATE FUNDS $10,000, POLICE ACCOUNT 001000.290201.6.270).
RESOLUTION NO. 96-888
A RESOLUTION AUTHORIZING THE DEPARTMENT OF POLICE
TO UTILIZE THE METRO-DADE POLICE DEPARTMENT FIRING
RANGE AND THE MEDLEY POLICE DEPARTMENT FIRING
RANGE TO PROVIDE IN-SERVICE FIRE ARM TRAINING AND
RECERTIFICATION FOR MIAMI POLICE OFFICERS, IN AN
ANNUAL AMOUNT NOT TO EXCEED $10,000; ALLOCATING
FUNDS THEREFOR FROM THE POLICE DEPARTMENT GENERAL
OPERATING BUDGET, ACCOUNT NO. 001000.290201.6.270;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR
THIS PURPOSE, AND THEREAFTER TO CONTINUE SAID
SERVICE ON AN ANNUAL BASIS, AT THE SAME PRICE, 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.)
2.3. AUTHORIZE POLICE TO EXPEND FUNDS WITH CLERK OF COURTS FOR
PAYMENT OF FILING FEES, ACQUISITION OF CERTIFIED DOCUMENTS, AND
RELATED MATTERS-- ALLOCATE FUNDS ($14,000; $2,000 ACCOUNT CODE
001000.290201.6.270 AND $12,000 ACCOUNT CODE 690001.290904.6.270).
RESOLUTION NO. 96-889
A RESOLUTION AUTHORIZING THE DEPARTMENT OF POLICE
TO EXPEND FUNDS WITH THE CLERK OF THE COURTS, IN AN
ANNUAL AMOUNT NOT TO EXCEED $14,000, FOR PAYMENT OF
FILING FEES, ACQUISITION OF CERTIFIED DOCUMENTS, AND
RELATED MATTERS; ALLOCATING FUNDS THEREFOR FROM
THE POLICE DEPARTMENT GENERAL OPERATING BUDGET,
ACCOUNT NO. 0010000.290201.6.270 ($2,000) AND THE
FORFEITURE FUND DETAIL OPERATING BUDGET, ACCOUNT
NO. 690001.290904.6.270 ($12,000); AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR THIS PURPOSE, AND
THEREAFTER TO CONTINUE SAID SERVICE ON AN ANNUAL
BASIS, AT THE SAME PRICE, 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.)
4 December 12, 1996
M
�i
x.�
2.4 ACCEPT PLAT: BRICKELL KEY ON CLAUGHTON ISLAND SECTION FOUR.
RESOLUTION NO. 96-890
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED: BRICKELL KEY ON CLAUGHTON ISLAND SECTION
FOUR, 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.)
2.5 APPROVE CONTRACT FOR FRAMING OF PROTOCOL DOCUMENTS,
CERTIFICATES AND PICTURES- ART & FRAME MART AND OLD MAKER &
HERMAN DB/A DIASPORART (FEMALE/LOCAL VENDOR) -- ALLOCATE
FUNDS $22,750).
RESOLUTION NO. 96-891
A RESOLUTION APPROVING THE AWARD OF A CITY-WIDE
CONTRACT FOR THE FRAMING OF PROTOCOL DOCUMENTS,
CERTIFICATES AND PICTURES, UNDER DADE COUNTY
CONTRACT NO. 1865-2/98, TO ART & FRAME MART AND OLD
MAKER & HERMAN DB/A DIASPORART, FOR A ONE (1) YEAR
PERIOD WITH THE OPTION TO RENEW FOR AN ADDITIONAL
ONE (1) YEAR PERIOD, AT A TOTAL PROPOSED ANNUAL COST
OF $9,250; ALLOCATING FUNDS THEREFOR FROM: THE
MAYOR'S OFFICE, 001000.921125.6340.72211 ($4,500); THE NET
OFFICE PROGRAM, 145001.25113.6340.72200 ($1,000); THE
DEPARTMENT OF NET/CD, 198001.6300101.6340.72259 ($1,000)
AND 799302.452223.6340.72259 ($1,000); THE DEPARTMENT OF
POLICE, 001000.290201.6340.2721 ($1,500); DEPARTMENT OF FIRE
RESCUE 001000.280301.6340.6829 ($250); AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR THIS SERVICE AND
THEREAFTER TO EXTEND THIS CONTRACT FOR AN
ADDITIONAL ONE (_.) YEAR PERIOD, AT THE SAME PRICE,
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.)
NOTE FOR THE RECORD: At this point regular agenda items 2.1
to 2.25 were tabled-.
5 December 12, 1996
----------------------------------------------------------------------------------------------------------------
3. DECLARE NEED FOR NON -VALOREM SPECIAL ASSESSMENT --
EXPRESS COMMISSION'S INTENT TO IMPOSE SPECIAL ASSESSMENT
WITHIN INCORPORATED AREA OF CITY BEGINNING 10/1/97 -- FOR
FIRE -RESCUE SERVICES & FACILITIES. -- USE UNIFORM METHOD OF
REVENUE COLLECTION PER FS 197.3632.
Commissioner Plummer: So we go to three.
Mayor Carollo: OK. So we're now on item number 3, declare the need for a non -ad valorem
special assessment.
Commissioner Plummer: Somebody here wishes to speak.
Chief Carlos Gimenez (Chief of Fire): Yes, sir.
Mayor Carollo: Chief Gimenez, why don't you begin, and introduce some of the people you
- have here, the consultants.
Chief Gimenez: Well, the consultants, to my understanding, are back in the MRC (Miami
Riverside Center) doing some work. This resolution basically leaves the door open and allows
the City of Miami to use the uniform method, if we so choose, or you so choose, to impose this
fire fee.
Mayor Carollo: OK. Any questions from members of the Commission? Excuse me, sir. Are
you here to address this item?
Mr. Jim McMaster: Yes, sir.
Mayor Carollo: OK. Once we're done discussing the item and the City personnel answers
whatever questions the Commission might have, then we'll open up to the public. So if you'd
just bear with us, we'll be right with you.
i Mr. McMaster: Sure. No problem.
Vice Mayor Regalado: Mr. Mayor.
Mayor Carollo: Yes, Commissioner.
Vice Mayor Regalado: Just so the public will understand what we're doing, Chief, what we may
have proved today is start a process to see what would this bring to the City. We are not today
declaring that kind of fee; is that correct?
Chief Gimenez: That's correct, sir. Absolutely. All you're doing is notifying the tax collector
that should the City choose to impose a fee, that they'll use that method to collect the fee;
nothing more, nothing less.
Vice Mayor Regalado: OK.
Mayor Carollo: Any further questions from any of the Commission members? OK. Let me
open it up to the public, then, before I make any statements. Sir.
6 December 12, 1996
la.
r
Mr. Ruiz: Yes. Mr. Mayor, members of the Commission, my name is Rick Ruiz, and I live at
Coral Gate Park Homeowners, 3150 Southwest 15th Street. Basically, the reason we decided to
come here... and as you see, there's not many residents that are able to attend a morning meeting
at nine a.m. Most of the people in the neighborhoods that live within the City are at work. It's
hard for... I went out and knocked on over 500 families within my area, and talked to them to
see how many of them could realistically come. The majority of them realistically could not be
here, because they had to work. They couldn't lose their jobs by being here. But at the same
token, they all had the same concern, that any fees, and any taxes, and anything that's going to
be imposed upon the people or the citizens that will have to pay these taxes and fees, you know,
have not realistically been open to our discussion. The majority of the unions have been able to
come talk to you, negotiate and have all kinds of different conversations with you and your staff
regarding where they'll be in the next two years. Whereas we, the citizens, or we, the people,
have not been able to enter in any discussions, in any conversations with you, in regarding how
far we are able to take any fees or any taxes against our property and against our well-being. So
what we requested in many letters that we sent to you was that some of these meetings that
realistically had to do with the residents and the taxpayers, that they are held in the evening, after
six o'clock, when they are able to be here, when they are able to talk to you and listen to you,
and able to discuss any of these issues. I don't know how much this fee is going to... this fire fee
is going to affect my alarm services at home. We pay a fee for burglar alarm and whatever, and
we also have fire service within there. Does that mean... Does that mean I'm going to be
attached another fee to my home, regarding my fire alarm? You know, what other things are in
there?
Commissioner Gort: Mr. Rodriguez (sic), my understanding is... I don't mean to cut you off,
but my understanding, what we're doing today, we're allowing a study to take place, and they're
going to come back to us and tell us how it will be applied, who will be applied, and how much
savings it will be for the residents of that. And I agree with you, anything that relates to the
community, I'm sure we'll try to have the meetings in the evenings. Or also, many of us will go
to your communities and let you know.
Mr. Ruiz: We would appreciate that. I mean, we've seen meetings that...
Commissioner Gort: The decision we're taking today...
Mr. Ruiz: Yes.
Commissioner Gort: We're not taking any decision on the fee itself. I want you to understand
that.
f Mr. Ruiz: Thank you. That would be, you know, something that the residents would like to
f hear. The other issue is that we're seen meetings that you've called... held on special meetings
to close and barricade streets and all kinds of other things, and you've held meeting in the
evening. So what we request is that any of the meetings that, realistically, that we could have a
voice at, that the meetings be held at six o'clock, and that we, the people, are able to also come
and voice our opinions. Because at nine o'clock in the morning, as you can see in the audience,
the majority of the people that are here are union people that are able, and were given time off to
be here, or have some sort of time... day off. But again, the majority of the people work, and it's
hard for them to be here. So with... what Mr. Gort tells us is true, that realistically, you are not
going to do any changes today, that it's something that's going to go... comeback to you. You
know, we would like to hear from the City Manager and respond to our letters that we've given
him, regarding giving us more documentation, which we only received Merrett Stierheim's
book. We're asked for other things we have not received yet.
7 December 12, 1996
ri
Commissioner Plummer: Excuse the for a minute. Mr. Marquez, don't you have things that
you're proposing today to be on an emergency basis?
Mr. Edward Marquez (City Manager): Yes, sir. There are items...
Commissioner Plummer: So I don't want this man to go away mislead.
Commissioner Gort: No, he's talking about this fire.
Commissioner Plummer: No, he's talking about in general.
Commissioner Gort: In general, OK.
Mr. Ruiz: Yes.
Commissioner Plummer: OK? And there's a list here of things that the Manager is proposing
that be taken up today and approved on an emergency basis. So let's...
Mr. Ruiz: Could that be taken up after six o'clock?
Commissioner Plummer: Can it? I guess the answer is yes.
Mr. Marquez: Commissioner Plummer, those items that...
Commissioner Plummer: Basically, they're all pocket items.
Mr. Marquez: They're all pocket items, and we, at the direction of the board, are coming back
with a... for them at today's meeting. Now, we can - I just asked the City Attorney - that we can
4 make them regular ordinance items, and you'll have the second hearing of all of these on the
i 23rd.
Mr. Ruiz: That would be suitable, also.
Commissioner Plummer: Yeah, well, OK. In other words, if you have them on first reading,
then second reading would be on the 23rd.
Mr. Marquez: If that's the will of the Commission.
Commissioner Plummer: Well, OK. I hear you. OK. It's probably better that way.
Mr. Ruiz: Thank you. Thank you.
Mr. Jim McMaster: Jim McMaster, 2940 Southwest 30th Court, City of Miami. I'm concerned
that we're not looking at the whole picture. We've heard a lot in the past about forty-five
hundred dollar ($4,500) checks that the former City Manager wrote. What we haven't heard
much about is the almost forty-five million dollars ($45,000,000) worth of trust fund money. It's
in the Stierheim report. That is not missing, it's been spent. I don't know if the proper word is
"illegally" - excuse me - but it's gone. If you look at what's happening right outside here at
Dinner Key, a friend of mine was in a meeting. Apparently, one million dollars ($1,000,000)
worth of FEMA (Federal Emergency Management Agency) money to rebuild the docks is gone.
The Virrick Gym over here, in the Stierheim report, the eight hundred and ninety thousand
dollars ($890,000) to restore Virrick Gym is questionable. Which would lead me to ask, what
about the four hundred thousand dollar ($400,000) State matching grant? Is that not
questionable? My concern is that we're coming up with a financial recovery plan that isn't
8 December 12, 1996
r
facing up to the facts and figures. We have long-term debt in that report. They admit up to
something in the neighborhood of a quarter of a billion dollars. The bonds are all in question.
The 1995 sanitary sewer, I mean, I don't know where that one came from, you know. That was
floated a long time ago. Maybe a million or two wasn't. But I just think that this Commission
needs to come up with a long-term plan. We can't have Band-Aids. I need to know the twenty-
six million dollars ($26,000,000) worth of storm water money that the citizens of this City paid
in their water and sewer taxes, when are you putting it back? So we need to Tess up to the
citizens. And I think we need to start talk about merging with the County now. Thank you.
Mayor Carollo: Is there anyone else who would like to address this item?
Commissioner Plummer: Well, I just think in the item that we're talking on, sticking to that, it
should be very clearly noted that all we're doing is keeping from getting locked out. It doesn't
mean we're going to do this particular item, but we have to notify them now, if, in fact, we do
want it for next year.
Chief Gimenez: That's correct, sir.
Mayor Carollo: Well, that is absolutely correct, Commissioner. We're going to leave the door
open for us to be able to come back to this item. But as I've expressed to the Manager and the
Fire Chief, and others in the City Administration, including the two experts that have come down
to discuss this with us, I have some great, great reservations on this item and on the reality of the
numbers we have here. When this was first brought up to us... And I compliment Chief
Gimenez for taking the initiative of trying to find new sources of revenue. But when it was first
brought up to us, it was brought up as a way of getting the different non -profits, the State,
Federal and County buildings to pay fire fees that they've never paid before. And what I'm
hearing now is different. Plus, I'm very concerned that at the end, we could have a tremendous
shortfall on the estimates that we have there. And if we go forward from this point on, as
counting that as monies that we could have in the future, I think we might end up being quite
surprised. That's why I have not included that in the proposal that I will submit later today. But
having said that, I think that each of us realizes that in this particular item, we need to leave the
door open to it, and have a very close scrutiny on this issue before we proceed to implement
anything, and that, we will. If we've concluded with the pubic hearings, any further statements
or questions from the members of the Commission?
Vice Mayor Regalado: No.
Mayor Carollo: OK. Is there a motion?
Commissioner Plummer: Move it.
Mayor Carollo: Moved by Commissioner Plummer.
Vice Mayor Regalado: Second.
Mayor Carollo: Seconded by Commissioner Regalado, with the statements that were made here.
All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No nays. F
E
December 12, 1996
En
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The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-892
A RESOLUTION, WITH ATTACHMENT(S), DECLARING THE NEED FOR A
NON -AD VALOREM SPECIAL ASSESSMENT AND EXPRESSING THE CITY
COMMISSION'S INTENT TO IMPOSE SUCH A SPECIAL ASSESSMENT WITHIN
THE INCORPORATED AREA OF THE CITY OF MIAMI, FLORIDA,
COMMENCING WITH THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1997,
FOR THE COST OF PROVIDING FIRE -RESCUE SERVICES AND FACILITIES;
FURTHER ELECTING TO UTILIZE THE UNIFORM METHOD OF COLLECTING
NON -AD VALOREM SPECIAL ASSESSMENTS IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 197.3632, FLORIDA STATUTES, AS AMENDED; AND
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION
TO THE HEREIN DESIGNATED OFFICIALS.
(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 J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
------------------------------------------------------------- ---------------------------------------------------
4. RENAME FLAGLER TERRACE MINI PARK AS BAY OF PIGS MEMORIAL
PARK -- CODESIGNATE S.W. 56 AVENUE, 1 STREET, 2 STREET, 3
STREET, 4 STREET AS FOLLOWS: MAJOR RUDOLPH ANDERSON JR.
AVENUE/ LEO FRANCIS BAKER STREET/ THOMAS WILLARD RAY
STREET/ RILEY SHANBURGER STREET/ WADE C. GRAY STREET.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: OK. We're on item number 4.
Commissioner Plummer: The recommendation here by the Administration was that this be
deferred until such time as the funding was in place. I'll so move that it be deferred.
Mayor Carollo: OK. There's a motion by Commissioner Plummer to defer. Is there a second?
Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Hernandez.
i
10 December 12, 1996
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Commissioner Gort: Under discussion.
Mayor Carollo: Under discussion.
Commissioner Gort: My understanding is this was at no cost to the City.
Mr. Edward Marquez (City Manager): It should be at no cost to the City. We're still working
with the organizations to make sure that that's a reality.
Commissioner Gort: Well, let me ask you a question. Can we pass this, subject to no cost to the
City?
Mr. Marquez: Sure.
Mayor Carollo: That could be included in it.
Commissioner Plummer: Yeah.
Mayor Carollo: We could make a motion and pass it, as long as there is absolutely no cost to the
City.
Commissioner Gort: I move it.
Commissioner Plummer: OK, with other...
Mayor Carollo: There is a motion by Commissioner Gort.
Commissioner Gort: We got to vote on J.L.'s motion.
Commissioner Plummer: You got to rescind the first motion.
Mayor Carollo: Well, we'll do it then.
Commissioner Gort: You want to withdraw it, J.L.?
Commissioner Plummer: Yeah, I'll withdraw it. The only question I have here is we... As Mr.
Barker (phonetic) knows, we've always had public hearings on this.
Unidentified Speaker: This is a public hearing.
Commissioner Plummer: And we're not scheduling... Oh, this is a public hearing.
Unidentified Speaker: Yes.
Commissioner Gort: Yes, it is.
Commissioner Plummer: OK. Fine.
Mayor Carollo: OK. You have rescinded, or do we need to make a substitute motion?
Commissioner Plummer: No, rescind it.
Mayor Carollo: OK. All right. You can make a motion, then, by Commissioner Gort, with the
stipulation as so stated here that this is approved at no cost to the City of Miami. Is there a
second?
11 December 12, 1996
r
Commissioner Hernandez: Second.
Commissioner Plummer: Second.
Mayor Carollo: Second by Commissioner Hernandez. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
'i
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 96-893
A RESOLUTION RENAMING FLAGLER TERRACE MINI PARK AS "BAY OF
PIGS MEMORIAL PARK", CONDITIONED UPON THE PROPONENTS PAYING
ALL EXPENSES ASSOCIATED WITH SAID RENAMING; FURTHER,
CODESIGNATING THE FOLLOWING STREET IN THE CITY OF MIAMI,
FLORIDA: SOUTHWEST 56TH AVENUE FROM FLAGLER STREET TO
SOUTHWEST 4TH STREET AT "MAJOR RUDOLPH ANDERSON JR. AVENUE";
SOUTHWEST 1ST STREET FROM SOUTHWEST 57TH AVENUE TO
SOUTHWEST 55TH AVENUE AS "LEO FRANCIS BAKER STREET";
SOUTHWEST 2ND STREET FROM SOUTHWEST 57TH AVENUE TO
SOUTHWEST 55TH AVENUE AS "THOMAS WILLARD RAY STREET";
SOUTHWEST 3RD STREET FROM SOUTHWEST 55TH AVENUE ROAD TO
SOUTHWEST 55TH AVENUE AS "RILEY SHANBURGER STREET" AND
SOUTHWEST 4TH STREET FROM SOUTHWEST 57TH AVENUE TO
SOUTHWEST 55TH AVENUE AS "WADE C. GRAY STREET"; FURTHER
DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC
WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN
DESIGNATED AGENCIES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
i
NAYS: None. s
ABSENT: None.
Mayor Carollo: We're now...
Unidentified Speaker: Thank you, sir.
f
Mayor Carollo: Surely.
j
r.
12 December 12, 1996 '
Im
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------------------------ ----------------------------------------------------- -----------------------------------
5. PERSONAL APPEARANCE: JOSE RODRIGUEZ -- KPMG PEAT MARWICK
LLP -- REGARDING UPDATE OF AUDIT OF CITY'S FINANCIAL
STATEMENTS AS OF 9/30/96 -- DISCUSSION.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Personal appearances, item number 5. Mr. Jose Rodriguez from Peat Marwick
and... to address us.
Mr. Jose Rodriguez: Jose Rodriguez, partner with KPMG Peat Marwick, 1 Biscayne Tower,
Miami, Florida, 33131. Mayor and members of the Commission, thank you for giving me the
opportunity to address you today. We've been engaged by you to perform the financial
statement audit of the City of it's year ended September 30th. We are pleased to be working
with the City. I think our knowledge of pubic service entities, City, County, and our recent
experiences of working with New York City through their financial crisis, and currently with
Washington, D.C., brings a lot of added value to the process that we're undertaking. As part of
our audit process, especially during this first year of our engagement, we bring a fresh
perspective to looking at the finances and the operations of the City. And as a result, we've had
to ask a lot of tough questions in the three or four weeks that we've been out there. In doing so,
we've come up with several management letter comments that we are presently still validating
and discussing with management. And we plan on bringing to this Commission in its January
meeting, as part of our contract that we will provide you an interim management letter with our
findings. In doing so, one of our main concerns currently is the Finance Department, the lack of
personnel within the department, technical abilities of personnel and the supervisory capabilities
that are currently there. That has compounded some of the problems of the City, as far as getting
its books and records up to date. You're between 20 and 45 days behind on your postings, and
you are currently behind on several of your bank reconciliations, all of which are important
internal controls for the City. Those are our major findings up to now. As I said, this is a long
process, and we began it three and a half weeks ago. But I do want to stress that I think that is
of... the Finance Division is something that needs to be addressed immediately by both the City
Manager and the Commission.
Mayor Carollo: Can you state again, for the record, if you would, the three main things that you
are recommending to this Commission to take action on.
Mr. Rodriguez: That the capabilities of the Finance Department, the level of staffing, and the
technical abilities within the department be evaluated and addressed by management and the
Commission on a post haste basis.
Commissioner Plummer: Well, I don't think the Commission is involved. That is solely in the
purview of the Manager, in which he will do his evaluation, in which he - not this Commission -
will make the appointments that are necessary, that he feels are best for what he is going to be
working with. So I would assume that that recommendation, even though you say the
Commission, the only thing that we would have to do with it is if it were, in fact, budgetary.
Commissioner Gort: I'd like to hear from Mr. Marquez.
Mr. Edward Marquez (City Manager): Mr. Mayor, we are in the process right now of hiring a
Finance Director. I've got resumes in. They're going to, hopefully, be reevaluated by myself
over this weekend, and I'll set the motion forward with interviews within the next couple of
weeks, and hopefully, we can bring someone on early in January. And... with a department
13 December 12, 1996
I
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director there that... with a C.P.A. (Certified Pubic Accountant) in hand, that will increase the
level of expertise within the department. And then from there, we'll be evaluating the internal
workings of the department. But I wholeheartedly agree, we're strapped for personnel there,
we're behind, but with Michael Lavin working as acting Finance Director, we're moving
forward. By the end of this month, we hope to have the records, the input caught up to date, and
we hope to have an accounting system that is functional. That's a major improvement from
where we've been.
Commissioner Plummer: Just for the record.
Commissioner Gort: So are you telling us we're 20 to 45 days behind, and by the end of this
month, we should be up to date?
Mr. Marquez: That's what Mike has told me, and I believe him.
Commissioner Plummer: Just for the record, what you told me yesterday is that you feel by
March of next year, that you will be able, in that time frame, to, in fact, come back and say to
this Commission that you've gone through and you have determined that the bottom line of
problems is "X".
Mr. Rodriguez: It is our intent, in working with management, to be able to render our opinion on
the financial statements by March 31st. I mean, that is the goal.
Commissioner Plummer: Thank you. Move on?
Mayor Carollo: Mr. Manager, would you like for us to make an official resolution accepting the
recommendations of the report that Mr. Rodriguez gave us, or...
Mr. Marquez: I don't believe that's necessary.
Mayor Carollo: OK. That's fine.
Mayor Carollo: All right. Six has been withdrawn.
----------------------------------------------------------------------------------------------------------
6. GRANT PERMIT FOR ALCOHOLIC BEVERAGES SALE AT TASTE OF
THE GROVE EVENT IN PEACOCK & MYERS PARK.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I'll move 7.
Mayor Carollo: We're on 7.
Commissioner Plummer: With the full understanding that we don't give the right to sell. We
allow you to sell. The "right" is by the State.
Commissioner Gort: Second.
Mayor Carollo: There's a motion with the amendment so stipulated. There's a second. All in
favor... Do you need to make a statement? I'm sorry.
Unidentified Speaker: No.
14 December 12, 1996
Commissioner Gort: She's smart.
Mayor Carollo: OK. 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. 96-894
A RESOLUTION RELATED TO THE TASTE OF THE GROVE FESTIVAL,
CONDUCTED BY THE COCONUT GROVE CHAMBER OF COMMERCE, TO BE
HELD ON JANUARY 17-19, 1997, AT PEACOCK AND MYERS PARKS, IN
COCONUT GROVE; AUTHORIZING THE CITY MANAGER TO ISSUE A THREE-
DAY PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES DURING SAID
EVENT, SAID AUTHORIZATION CONDITIONED UPON THE ORGANIZERS: (1)
OBTAINING ALL PERMITS REQUIRED BY LAW, INCLUDING BUT NOT
LIMITED TO A TEMPORARY PERMIT TO SELL ALCOHOLIC BEVERAGES BY
THE FLORIDA DEPARTMENT OF BUSINESS REGULATION, DIVISION OF
ALCOHOLIC BEVERAGES AND TOBACCO, PURSUANT TO SECTION 54-12.1
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; (2) PAYING
FOR ALL NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES
ASSOCIATED WITH SAID EVENT; (3) OBTAINING INSURANCE TO PROTECT
THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE; AND (4) COMPLYING WITH ALL CONDITIONS AND LIMITATIONS
AS MAY BE PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
i Mayor Joe Carollo
NAYS: None.
ABSENT: None.
NOTE FOR THE RECORD: At this time, agenda item 8 was
called for discussion, and the record was marked to reflect no
appearance by interested parties at that time.
15
December 12, 1996
r
------------------------ ---------------------------------------------------------------------------------------
7. PERSONAL APPEARANCE: DONNA SWEENY -- WOMAN'S CLUB OF
COCONUT GROVE -- GRANT EXCEPTION TO CURRENT ZONING TO
ESTABLISH COMMUNITY MARKET AT 2985 SO. BAYSHORE DR.
----------------------------------------------------------------------------------------------------------------
i Commissioner Plummer: I'll move item 9.
Mayor Carollo: Number 9.
Mr. Edward Marquez (City Manager): Mr. Mayor, excuse me.
Commissioner Plummer: What are the conditions on number 9?
Ms. Donna Sweeny: What we're asking for is...
Commissioner Plummer: No, excuse me. I'm asking...
Ms. Sweeny: Oh. OK.
Commissioner Plummer: They said approval with conditions. What are the conditions?
Mr. Carlos Smith (Assistant City Manager): The conditions, Commissioner, are that the class
one special permit be renewed every two weeks, and that the applicant describe on the class one
special permit how they're going to be accommodating the parking.
Commissioner Plummer: How they what?
Mr. Smith: How they're going to be accommodating the parking.
Commissioner Plummer: OK. You understand the conditions?
Ms. Sweeny: I didn't understand the first one.
Commissioner Plummer: The first one is, you've got to take out a class one permit every two
weeks.
Ms. Sweeny: Mm-hmm.
Commissioner Plummer: And the second one is, you have to demonstrate how you're going to
address the problems of parking.
Ms. Sweeny: OK. We have...
Commissioner Gort: Excuse me. We need your name and address, for the record.
Ms. Sweeny: Yes. Donna Sweeny, 2000 South Bayshore Drive.
Commissioner Gort: Thank you.
Ms. Sweeny: Our idea was just to do this for a very short time, until April. That's all that we're
asking for. So it would be a temporary measure. We're trying to raise funds.
16
December 12, 1996
r
i Mr. Jack Luft (Director, CPR Dept.): Certainly. Normally, with these types of events, you
would be only allowed two permits in a year. So by this Commission action, we can extend that
to several, and repeat it every two weeks. It's a hundred dollars ($100) for each class one
permit. So what we're really doing here is giving you the opportunity to do several of these,
even though it may only be a few months, and then you would need to show us how you lay out
your sites, so that the parking under the trees could be sufficient for the size of the stalls that
you'd like to have.
Commissioner Plummer: Move it with the conditions attached to the approval.
Commissioner Gort: Second. Discussion?
Vice Mayor Regalado: Go ahead. No, no, go ahead.
Commissioner Hernandez: Ms. Sweeny, what goes on in the community market? What's that
all about?
Ms. Sweeny: Well, what we're planning to do is to sell crafts, spices, upscale food items, that
sort of thing.
Commissioner Hernandez: All right.
Ms. Sweeny: But very, you know, very nice.
Commissioner Gort: From my understanding, they've been working with the NET
(Neighborhood Enhancement Team) Office, and the NET Office has been very helpful in putting
this event together.
I
Ms. Sweeny: That's correct.
Commissioner Gort: Anyone in the public, anyone else to speak on this item?
Vice Mayor Regalado: No. Just go ahead and approve it. The only thing, about the parking,
you understand that you have to take care of the way that people are going to be parking around
your club.
Ms. Sweeny: Right.
Vice Mayor Regalado: And as you know, this area is very difficult for parking.
I
Ms. Sweeny: Yes, I know. Mm-hmm.
Vice Mayor Regalado: So having said that, I'm... That's the only question that I have. I'm
ready to vote.
Commissioner Plummer: I moved it.
Mayor Carollo: There's a motion.
Vice Mayor Regalado: Second.
Mayor Carollo: There's a second. All in favor, signify by saying "aye."
17 December 12, 1996
Y
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The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-895
A RESOLUTION (Pending Law Department).
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS:
ABSENT:
Mayor Carollo: Bye, Donna.
None.
None.
----------------------------------------------------------------------------------------------------------------
8. (A)EMERGENCY ORDINANCE: AMEND SECTION 5 OF ORDINANCE
6145 -- FEES FOR BUILDING / PLUMBING / ELECTRICAL /
MECHANICAL (BOILER, ELEVATOR) INSPECTION / PERMIT /
CERTIFICATE FEES -- ADD / INCREASE FEES TO COVER
ENFORCEMENT COST OF SOUTH FLORIDA BUILDING CODE.
(B)DISCUSSION RE DELAYS IN GRANTING BUILDING PERMITS.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: We're on item number 10, emergency ordinance.
Mr. Carlos Smith (Assistant City Manager): Mayor and Commissioners, the Department of
Building and Zoning is proposing that we increase some of the fees that we charge for permits.
18 December 12, 1996
r
We are also introducing a couple of new fees. One of them is that once a plan comes in for
review more than twice, we're going to charge fifty dollars ($50) per discipline from that point
on. We have some plans that come sometimes three, four and five times for review.
Mayor Carollo: How much in revenue are you anticipating this will bring in?
Mr. Smith: We estimate about two thirty-five, two hundred and thirty-five thousand.
Mayor Carollo: Two hundred and thirty-five thousand, approximately?
Mr. Smith: It's part of the recovery plan in there. I believe that you have three lines in the
proposal, two twenty-five plus... The total amount, I believe, is two thirty-five.
Mayor Carollo: I'm making sure I didn't miss anything, Carlos.
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Yes, Commissioner.
Mr. Smith: Actually, Commissioner, if I may, it's actually more than two thirty-five. One...
The increases in mechanical fees are two hundred and thirty-five thousand. The increases in
structural fees, we estimate will bring in sixteen thousand six eighty-eight. And the increases in
electrical and burglar alarm fees, we expect to bring in twenty-six thousand six hundred and
twenty-five.
Commissioner Gort: Carlos, are we within standard with the rest of the municipalities and the
County?
Mr. Smith: Yes. We... Some of these fees have been brought up to the same level as the
County.
Commissioner Gort: Because it's my understanding that we just passed some similar fees about
six months ago, and they...
Mr. Smith: We did back in April. What we did this time around, we again reviewed all of the
fees one more time, and we missed some, so we brought them up to the level of the County.
And there was one that we actually changed the way of computing it.
Commissioner Gort: The second question that I have, I don't think the professionals have any
problem paying this fee, as long as they get the services. One of the biggest complaints that I've
received is... And you have a fee here for revising and re -looking at the maps of plans.
Mr. Smith: Yes. We're saying we will allow the first two reviews to be included in the permit
fee. After that, we will charge.
Commissioner Gort: OK. From my understanding, many times, the architects, engineers will
present a plan, and it will be accepted, and is it a true guideline of all the things that they need?
Because my understanding is they keep coining back, and you say, "Oh, well, now, you need this
and now you need that." Do we have a sheet of paper, information that we can give to them all
that is required, documentation?
Mr. Smith: We do write them down as to everything that they... that is wrong with the plans.
We write them all on the sheets, themselves, and we give it to them. You know, there may be
some cases where that happened, but I believe those are not the norm. And...
19 December 12, 1996
Commissioner Gort: Mainly, are these to be revised because they're not complying with the
code? Or is that.,.
Mr. Smith: Basically, yes.
Commissioner Gort: Not because of lack of documentation, but because of lack of knowledge?
Mr. Smith: No, no, no. Lack of knowledge on whose part?
Commissioner Gort: On the applicant's, not being informed of all the necessary documentation
to...
Mr. Smith: Well, you know, the architect that is designing this structure and drawing these plans
should be knowledgeable.
Commissioner Gort: Well, the architect should be knowledgeable, but I'm talking about the
regular homeowner who's going to do his own plans, and he's going to do his own work.
Mr. Smith: You know, those are usually small plans. We don't have that big of a problem with
those. The biggest problems we have on the plans are, you know, medium to large projects.
Commissioner Gort: OK. Thank you.
Vice Mayor Regalado: Mr. Mayor.
Mayor Carollo: Yes, Commissioner.
Vice Mayor Regalado: I have heard many complaints, Carlos, about the way that we inspect
construction sites, and that there is a person that - excuse me - he installs something that doesn't
have to do with electricity or fire, just some awnings that he installs. And so he has to wait for
the building, the plumbing, the fire, and the electrical inspection, he's told. And as a matter of
fact, I passed by the site, because I just wanted to confirm. It was the day before yesterday. He
is told, "You've got to wait between eight and twelve." So he has to pay a person to be there,
and sometimes, the inspector does not come. And this repeats itself once, and again, and again,
for something that doesn't have to do anything with electricity, at all.
Mr. Smith: That should not be the case, although it does happen. And one of the things that we
have discussed is to have to review the inspections that are printed by the computer as a result of
a job code that we categorized that construction to be, and we recognize that there are some that
have a problem, but we are trying to address those issues. But let me also say another thing, and
that is that part of the increases here have to do, of course, with raising revenue, but we also...
part of our proposal called for us to be able to hire or bring in on a contract basis inspectors. We
have currently 16 vacancies in the department. Of those, nine are inspector positions. Out of 36
approved positions, we have nine inspector positions that are vacant. We just had one two days
ago. I heard that there are municipalities that are courting and going after a couple of our
building inspectors, also. So we really need to hire or contract out, do something. We are
investigating what other municipalities are doing, as far as contracting out, and we have
contacted a couple of engineering companies to give us some proposals.
Mr. Edward Marquez (City Manager): Commissioner, the plan calls for the hiring of 11
inspectors, which will greatly facilitate the problems that you've been experiencing, and Carlos
has got free reign now to move forward on that.
20
December 12,1996
r
} w Vice Mayor Regalado: Well, what I'm saying is that this same company, when it does work in
the County, he gets two inspections, and that's what it is. He goes to Broward, and he gets one
inspection. And in the City of Miami, he gets four. Now, the problem is that he has to pay
people, and he just doesn't want to work in the City of Miami.
Mr. Marquez: What I can recommend is that this person, the owner of the company contact
Carlos and have a meeting, so that Carlos can understand the problem.
Vice Mayor Regalado: It's just an example, but...
Mr. Marquez: Well, if he's experiencing some sort of problems, we should be able to streamline
{ our procedures, not to make it hard on the people that are getting inspected, also to make it easy
{ on our own.
3
Mr. Smith: You know, if I may also... There are lots of ways that we can improve. And I think
Commissioner Gort, I believe, suggested an ad hoc committee to work with us in improving the
way we function, and I believe we just need to get some people named to the committee so that
we can start functioning.
Commissioner Gort: OK. Mr. Mayor, I think that's going to be in front of us today. We
discussed it, and I think we... I was under the impression that we had passed it. But my
understanding is we have not... we did not move on it. In that meeting, if you will recall, we
wanted each one of us to name someone from the industry, not an employee, to work with them
and try to come up with some plans.
Mayor Carollo: Any further questions from the members of the Commission?
Commissioner Plummer: I would assume this is going to be handled on a first reading instead of
an emergency.
Mayor Carollo: No.
Mr. Smith: No.
Mayor Carollo: We had it down as an emergency ordinance.
Mr. Smith: It is an emergency ordinance.
Commissioner Plummer: OK. The only reason this gentleman stands back up again is the
reason I'm asking.
Mayor Carollo: Well, we'll listen to him in a minute. A point of information. The 11 additional
inspectors, this is in the budget already, so we've included this in the budget projections, in the
matrix that we had. That's two hundred and ninety-two thousand for the remaining part of this
year, and three hundred and fifty-two thousand for the next fiscal year. I think the figures you
have given us are conservative. I think it will provide more revenue than that. I have questions,
Carlos, on something else in here in the matrix, which I think is very low. You've been more
than conservative on this one, on the...
Mr. Smith: I think I know which one.
Mayor Carollo: Enforcing the signage ordinance.
Mr. Smith: Yes.
21 December 12, 1996
r
Mayor Carollo: I think you've got one person only working on that.
Mr. Smith: Right now, I've got one person.
Mayor Carollo: And that one person alone could probably bring in a quarter of a million a year,
without upsetting too many people.
Mr. Smith: That is a possibility. We were very... And I agree with you. We were very
conservative on our estimates.
Mayor Carollo: Yeah. You only have ninety-seven thousand five hundred for this fiscal year,
and a hundred and thirty for next. So I just wanted to bring that up. The only other question I
have on this is the mandatory inspection fees and home sales, which requires an ordinance. You
have seventy-five thousand for this fiscal year, and a hundred for the next, '98. I just want to
make sure that we're not going to create another bureaucratic step that's going to make it
impossible for people to buy homes in the City or sell. Can you explain to us briefly how you're
going to implement that and...
Mr. Smith: We're tailoring this similar to an ordinance that exists in North Miami and the
Village of El Portal. And basically, we just want to make sure that the uses of the house are
legal before the sale gets consummated. We... Our intent is not to go in there and do a very
detailed inspection of electrical, plumbing, all of those things; just that the use of the house is
allowed.
Mayor Carollo: OK. All right. What is the cost of that fee going to be?
Mr. Smith: A hundred dollars ($100) per house.
Mayor Carollo: A hundred dollars ($100) per house.
Mr. Smith: And our estimate is based on the numbers that North Miami has experienced on their
side.
Mayor Carollo: When you come back with the ordinance, you better place a time period from
the time that they call you and notify you that they want an inspector to the time that you will
send someone there, because the last thing that we want to do is that we delay someone buying a
home or selling a home because we didn't send an inspector there.
Mr. Smith: Sure.
Mayor Carollo: And there should be something in the ordinance that specifies that once we have
been notified, if we do not have an inspector there by "X" amount of days, then we need to
choose a reasonable time span that if we do not send someone, they could go ahead with the sale,
and make sure that they send the hundred dollars ($100).
Mr. Smith: OK.
Mayor Carollo: All right. Sir, your name and address, again, for the record.
Mr. Rick Ruiz: Yes. My name is Rick Ruiz, 3150 Southwest 15th Street. When he said the
issue about being charged per discipline, if you have a plan that has an electrical problem or a
structural problem, only... let's say, that discipline. But it reflects on a revision, because you
bring in new plans, and again, the homeowner is going to be charged for these things. He goes
22 December 12, 1996
f
` hack for a structural problem, but he has to go back to the electrical, mechanical, and everybody
else to look at what his structural problem was, because it's a new plan, it's a new revised sheet.
Now, does that mean that we are going to be charged for each discipline that looks at our plan
another fifty dollars ($50)? And if that's so, then that should be re -looked at. And also,
regarding their services, I don't know if you all are aware of this, but if you get to the City to
process your remodelling plan or whatever, if you get there anywhere close to 6:30 in the
morning, six, there's already a list of over 25, 30 people who have gotten there to put in their
names in a list. And by the time you are seen at the department... In other words, you might not
be able to be seen that day, at all. So the issue of service needs to be taken into effect. But my
main concern right now is the issue of this discipline charge, if it has to do with only one major
discipline.
Mayor Carollo: Can you answer him, please?
Mr. Smith: If it only has to do with one major discipline, we'll charge for that one. The reason
why we do a visual check of the other disciplines is because on occasions, we've had people
sticking revisions into plans in electrical and so forth without us knowing it. So we do check
those. But our intent is to check... to really charge only for the one that has the problems.
ti Mr. Ruiz: All right. The County perforates the plans and you...
I Mr. Smith: We are perforating the plans now, also.
Mr. Ruiz: OK. That's what I had to say on that. And also, again, a lot of the people out there
don't know that this is going to happen to them. Whenever they're going to get a new permit for
their plumbing or for something in their house, it's going to be added charges. It's not just the
garbage fee, it's not just the tax fee. We're going to be charged a lot more other things.
i
Mayor Carollo: Any further questions or statements? Is there a motion?
Commissioner Plummer: Are you going to...
Commissioner Gort: Once again, my question is do these charges stand up with the rest of the
cities and the County?
Mr. Smith: Yes, sir.
Commissioner Gort: We're not above the County?
Mr. Smith: We are not above the County.
Commissioner Gort: Move it.
Mayor Carollo: Moved by Commissioner Gort. Is there a second?
Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Hernandez. Can you read the ordinance?
A. Quinn Jones, III, Esq. (City Attorney): Yes.
Mayor Carollo: Call the roll, please.
23 December 12, 1996
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING SECTION 5 OF ORDINANCE
NO. 6145, ADOPTED MARCH 19, 1958, AS AMENDED, WHICH
ESTABLISHED FEES FOR BUILDING, PLUMBING, ELECTRICAL,
MECHANICAL, (INCLUDING BOILER AND ELEVATOR) INSPECTION,
PERMIT AND CERTIFICATE FEES, THEREBY ADDING AND INCREASING
REQUIRED FEES TO COVER COSTS FOR THE ENFORCEMENT OF THE
SOUTH FLORIDA BUILDING CODE; CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Gort 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 J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Gort and seconded by
Commissioner Hernandez, adopted said ordinance by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11416.
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.
,,)
--------------- ------------------------------------------------------------------------------------------------
9. EMERGENCY ORDINANCE: AMEND ORDINANCE 11383 (SPECIAL
REVENUE FUND ENTITLED OPERATION C.A.R.S.) -- INCREASE FUND
NOT TO EXCEED $40,000.-- ACCEPT GRANT FOR $40,000 FROM
FLORIDA MOTOR VEHICLE THEFT PREVENTION AUTHORITY.
Mayor Carollo: Item 11, emergency ordinance.
Chief Donald Warshaw (Chief of Police): It's a second reading.
Commissioner Plummer: No, it's...
A. Quinn Jones, III, Esq. (City Attorney): No, it's an emergency ordinance.
Mayor Carollo: Emergency ordinance, first and second reading.
Chief Warshaw: Mr. Mayor, this, Operation Cars, is a grant that's in conjunction with the Auto
Theft Task Force in liaison with the U.S. Attorney and other Federal government and State
jurisdictions to deal with organized auto theft. A big portion of these monies are going to be
used for equipment, including the etching of VIN (Vehicle Identification Number) numbers on
the windows of cars where previously, they were being taken off the engine blocks. Auto theft is
a major crime, although it's been going down dramatically. And this is a continuation of a grant
we have received before. I think we have up to ninety thousand so far. This would bring it up to
a hundred and thirty, and there's no City match.
Commissioner Gort: Move it.
Commissioner Plummer: Second.
Mayor Carollo: Moved, seconded. Read the ordinance. Call the roll.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 11383,
ADOPTED JULY 25, 1996, WHICH ESTABLISHED INITIAL RESOURCES
AND INITIAL APPROPRIATIONS FOR A SPECIAL REVENUE FUND
ENTITLED "OPERATION C.A.R.S.," BY INCREASING SAID FUND IN AN
AMOUNT NOT TO EXCEED $40,000.00; AUTHORIZING THE CITY
MANAGER TO ACCEPT A GRANT IN AN AMOUNT NOT TO EXCEED
$40,000.00 FROM THE FLORIDA MOTOR VEHICLE THEFT PREVENTION
AUTHORITY AND TO EXECUTE THE NECESSARY DOCUMENTS TO
ACCEPT SAID GRANT; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE.
25
December 12, 1996
0
- was introduced by Commissioner Gort and seconded by Commissioner Plummer, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Gort and seconded by
Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11417.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
---------------------------------------------------------------------------------------------------------
10. SECOND READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND
(PARTNERSHIP FUND) -- APPROPRIATE $25,000 -- AUTHORIZE POLICE
TO ACCEPT MONETARY DONATIONS FROM PRIVATE SECTOR --
FURTHER, EXPEND SAID FUNDS ON POLICE SPONSORED
COMMUNITY EVENTS.
--------------------------------------------------------------------------------------------------
Mayor Carollo: Item number 12 is an ordinance, second reading.
Commissioner Plummer: I moved it before. I'll move it again.
Commissioner Gort: Second.
Mayor Carollo: There's a motion and a second.
26
December 12, 1996
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 FUND; 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
I CLAUSE.
passed on its first reading, by title, at the meeting of November 21, 1996, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second
and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None,
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11418.
i
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.
----------------------------------------------------------------------------------------------------------------
11. AMEND CHAPTER 40 (PERSONNEL) OF CODE -- SEPARATE SPECIFIC
VIOLATIONS OF SECTION 40-98(5), GROUNDS FOR DISMISSAL /
SUSPENSION / DEMOTION TO DISTINGUISH EACH VIOLATION.
L----------------------------------------------------------------------------------------------------------------
Mayor Carollo: We're at...
Commissioner Plummer: Thirteen.
Mayor Carollo: ... thirteen right now.
Commissioner Plummer: As I remember this, it's just a matter of cleaning up the Civil Services
rules, and, in fact, has gone before the board. I moved it before, I'll move it again.
Commissioner Hernandez: Second.
Mayor Carollo: There's a motion, there's a second. Read the ordinance, please. Call the roll,
please.
27 December 12, 1996
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 40-98(5) ENTITLED,
"GROUNDS FOR DISMISSAL, SUSPENSION AND DEMOTION" TO CLEARLY
DISTINGUISH AND INDIVIDUALIZE EACH VIOLATION; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR INCLUSION IN THE CITY CODE.
passed on its first reading, by title, at the meeting of November 21, 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 J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11419.
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.
----------------------------------------------------------------------------------------------------------------
12. DISCUSS / DEFER CONSIDERATION OF PROPOSED SECOND READING
ORDINANCE (AMEND CODE -- ADD SECTION 37-72 TO PROHIBIT
DELIVERY WITHIN CITY OF BUILDING MATERIALS VALUED OVER
$500.00, UNLESS BUILDING PERMIT NUMBER IS INCLUDED IN
PURCHASE ORDER.)
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Item 14, second reading ordinance.
Commissioner Gort: Mr. Mayor, on item 14, I would like it, if possible, to be heard at a time
certain. I received three calls from the major building suppliers within the City of Miami that
they actually had a problem with this, because they feel they might lose some of the business.
We definitely do not want to hurt our businesses. My understanding is, Mr. Jones, if we were to
apply this ordinance, we can only enforce this to the businesses within the City of Miami, which
means they can cross the street and buy the material without complying with that ordinance.
A. Quinn Jones, III, Esq. (City Attorney): Well, that may be problematic. You're correct.
Commissioner Gort: So, J.L., I think...
28 December 12, 1996
V340"
r
Commissioner Plummer: Well, now, that I wasn't told.
i Commissioner Gort: OK. I think we somehow... This would kind of hurt the people that have
businesses within the City.
Commissioner Plummer: No, this is not to hurt anybody, Willy.
Commissioner Gort: No, I understand.
Commissioner Plummer: What this was to do was to make sure that all of the illegal building of
the weekend warriors was, in fact, going to have to cease, and that permits were going to have to
be taken out, and the South Florida Building Code was going to be met. Now, it would seem
like to me that even if a company is outside of the City and are going to deliver into the City, that
they should be required to, in fact, have the building permit number on their invoice. I don't
understand why that distinguishes between a City company and a County company.
Mr. Jones: Yeah.
Commissioner Plummer: Now, I will totally agree that if it only reflects City businesses, I am
not going to handicap them where they can walk across the street and circumvent this law.
Mr. Jones: Commissioner, I believe that it will... Not that I believe. It will apply to anybody
coming into the City of Miami doing business. So they would... Someone from the outside or
whatever would have to comply with that requirement, as well. So it would be in the City... As
long as they're doing business within the City of Miami.
Commissioner Gort: Yes. But it would be very... Let's face it, people. We've had problem
with enforcement. This is going to be a major problem trying to enforce this. You're going to
have to have on every major street coming into the City of Miami, a police officer or someone
inspecting all the trucks coming to deliver and check the bill. I think, J.L., the intention I think
we had was very good, but after hearing from these major suppliers, I think we should look for
other alternatives, and maybe work with them.
Vice Mayor Regalado: One of the major suppliers suggested that people will have a receipt, and
that when they buy the material, the only thing that they need to do, the supplier, is notify the
City of Miami that a citizen or resident in the City of Miami has bought so much supplies. That,
they say, they can do. There is no problem with them doing that.
Commissioner Plummer: Look, I have no problem deferring this until the next meeting, give it
to the Administration, and come up with a workable solution. I think that what we're trying to
accomplish here is manifold. This is not a revenue producer. This is not... It would be revenue -
producing, as far as making people who legitimately should be taking out building permits, who
are not, are going to have to. But I am definitely not going to put a City business in jeopardy or
at a handicap for the benefit of a County business. I think what we're trying to do is that we're
trying to say, hey, you've got to comply with the South Florida Building Code. You've got to
build within the limits of what you can, and your Zoning application will apply. And I don't
think there's a thing wrong with that. Now, if there's another way to address it and still do it,
that's fine. But, you know, I brought this up two years ago, and many of the major building
suppliers said, "Oh, you're going to give us a nightmare." And it never happened. And you go
out today, and you look out there, in there, and you'll find houses that have been split up for four
families, and two families, additions that have been put on in violation of setback rules, electrical
that are nightmares, that the house burned down. That's what I'm trying to avoid. Now, if
there's a better way of doing it, I'm willing to listen.
29
December 12, 1996
0
Mayor Carollo: Well, Commissioner, I think the effort that you're making is a noble effort, and
I think probably the best thing we could do is to defer it until we can get it just right so that we
can accomplish the intention that we wanted to without affecting our businesses here.
Commissioner Plummer: I have no problem deferring it over to January with the proviso that the
Administration will come back, either modify, add, to accomplish the same bottom line of
making it a better, better City. Then I'll move for deferral at this time for the January meeting.
Mayor Carollo: There's a move for deferral for the January meeting.
Commissioner Gort: Second.
Mayor Carollo: 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. 96-896
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 14 (PROPOSED
SECOND READING ORDINANCE TO AMEND CODE OF THE CITY, AS
AMENDED, BY ADDING A NEW SECTION 37-72, THEREBY PROHIBITING THE
DELIVERY WITHIN THE CITY OF BUILDING MATERIALS VALUED IN
EXCESS OF $500, UNLESS THE NUMBER OF THE BUILDING PERMIT
REQUIRED PURSUANT TO SEC. 301 OF THE SOUTH FLORIDA BUILDING
CODE IS INCLUDED IN THE PURCHASE ORDER FOR SAID MATERIALS AND
READILY AVAILABLE FOR INSPECTION BY CITY AGENTS; PROVIDING FOR
ENFORCEMENT OF PENALTIES) TO THE NEXT COMMISSION MEETING
PRESENTLY SCHEDULED FOR JANUARY 9, 1996, IN ORDER TO GIVE THE
ADMINISTRATION A CHANCE TO COME UP WITH A WORKABLE SOLUTION
INCLUDING WHETHER MODIFYING OR ADDING TO WHAT IS PROPOSED
WHICH COULD BE APPLIED TO ALL AREA VENDORS, NOT JUST CITY OF
MIAMI VENDORS.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
December 12, 1996
f
--------------- ---" -------------------------------------------------------------------------------------------
13. (A)AMEND/ SET COMPENSATION OF CIVIL SERVICE BOARD
MEMBERS AT $1.00 PER YEAR.
(B)DISCUSSION RE OPPORTUNITY OF PUBLIC TO PARTICIPATE IN
CONSIDERATION OF EMERGENCY ITEMS RELATED TO FEE
INCREASES LEVIED AS RESULT OF FISCAL EMERGENCY
STRATEGY (PLAN).
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Fifteen is withdrawn.
Mayor Carollo: Fifteen has been withdrawn. We're now coming to the ordinances for first
reading. So before we go into first reading ordinances, we have a series of ordinances and items
that the Commission instructed the Manager to bring. They're immediate cost -saving items that
we need to do on first and second reading. So if the... Whenever the Manager is ready, we can
begin with those.
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Yes, Commissioner.
• Commissioner Gort: Let me ask you a question. Are any of these items containing an increase
of fees?
Mr. Edward Marquez (City Manager): Most of the items we will have is increasing fees.
4 Commissioner Gort: OK. Because we've heard that some people are... If we could possibly
hear this after six?
Mayor Carollo: Excuse me?
Commissioner Gort: We had requests that if this could possibly be heard after six.
Mayor Carollo: Well...
Commissioner Plummer: Excuse me. Mr. Mayor.
Mayor Carollo: Yes, Commissioner.
Commissioner Plummer: These are all first readings, aren't they? And I thought that basically,
what we said to the gentleman who spoke up was that if we do them on first reading, item... The
next item, item 16, is first reading. They could be heard...
i
Mayor Carollo: Well, item 16. But what I'm talking about is different items that the Manager
has that we instructed him to bring up, and we were going to be doing most of these on first and
second reading. Now, if it's going to be only first reading, then we need to know how much we
might be losing in the next week or two before we meet again. But we do need to resolve this
before the end of the month. i
Commissioner Gort: Mr. Mayor, most of them do not affect the residents of the area. I think we
could take those up.
31 December 12, 1996
r
A:,,r� v„
Mayor Carollo: This is what I think we could do. But maybe we could take them one at a time
and see what it is. If it becomes controversial, we could do it on first reading and take the
second reading up, you know, the next time we meet, which is going to be soon.
Commissioner Gort: We could take it after six.
Mayor Carollo: I'm sorry, J.L., but the 23rd, you know, it's either going to be a long meeting,
unlike what we promised, or we're going to have to meet before.
Commissioner Plummer: Well, hey, Joe, if we have to go... another meeting on the 19th, so be
it. All right? But what I'm just saying is that the gentleman asked that the public have the right
to be heard. And...
Mayor Carollo: Well, the public always has the right to be heard.
Commissioner Plummer: And what we were saying, according to Commissioner Gort, was that
we would have most of this on first reading, and they would have their right to speak on second.
So, hey, I think this one here, if we're talking about... The one in front of us is on the marinas.
Correct? OK. And that is scheduled for first reading, so there's no problem on this one.
Mayor Carollo: Well, the one in front of us, but we're not dealing with this one yet. We're
dealing with the bunch that the Manager has, that we instructed him to bring back to us. These
are not posted here. These are pocket items that we agreed that he would be bringing them up to
US.
Commissioner Gort: Are we talking, Mr. Mayor, about the list that we have here, the
memorandum for emergency pocket items? As I...
Mayor Carollo: Yeah, I believe that's what we have before us.
Commissioner Gort: As I look through this, I don't see any problem with any of these.
Mayor Carollo: Yeah. I'm not sure where I have mine. It was handed to me this morning.
Mr. Marquez: Mr. Mayor.
Mayor Carollo: Yes, Mr. Manager, go ahead.
Mr. Marquez: All right. Mr. Mayor, there are two sets of pocket item memos. And the one
that's... The first item is a resolution changing the compensation of the Civil Service Board
members will be the first item I'd like to talk off of, and then we can go into the other set... The
package that you got yesterday morning.
Mayor Carollo: OK. Mr. Manager, you want to begin with the first one?
Mr. Marquez: Yes, sir.
Ms. Angela Bellamy (Assistant City Manager): Yes. Mr. Mayor and members of the
Commission, this follows last week, the discussion regarding the Civil Service Board, Planning
4 and Zoning Advisory Board, and the FIPO (Fire Fighters and Police Officers) and GESE
(General Employees and Sanitation Employees) Retirement Boards. The salary is being reduced
to one dollar ($1) a year, and also, the changing... the allowing of them to participate in the
City's insurance program at 100 percent of cost. The first item covers the Civil Service Board,
and it's a resolution changing the compensation to one dollar ($1) a year.
32 December 12, 1996
Mayor Carollo: Is there a motion on this item?
Commissioner Gort: Move it.
Mayor Carollo: It's moved by Commissioner Gort.
Vice Mayor Regalado: Second.
Mayor Carollo: Second by Commissioner Regalado.
Mr. Jim McMaster: Excuse me, sir. Could I comment on this item?
Mayor Carollo: Now for a hearing. Do you want to deal with these? Were you wanting to deal
with item 16, or do you just want to deal with everything that comes up?
Mr. McMaster: Jim McMaster, 2940 Southwest 30th Court. As far as the pocket items, I would
hope that everybody at home watching on TV would understand that these are items and
packets... apparently, the Civil Service one, you got yesterday. These are items that there's been
i no public notice on. No one in this room had the right to get the packets. All I'm asking... it's
very simple. Pass them on first reading today with no public discussion. We have a very busy
agenda. However, have a special meeting next week or on the 23rd, and on second reading, in a
week or ten days when people have had a chance to review what you're doing, then we can talk
about it. But to approve pocket items today that affect all the residents of the City...
Vice Mayor Regalado: But do you realize...
Mayor Carollo: No, sir. These do not affect all the residents in the City.
Mr. McMaster: Are these on the agenda?
Mayor Carollo: No, they're not on the agenda. These are items that are items that the
Commission could handle, as Commission policy. They do not affect all the residents in the
` City. These...
Mr. McMaster: Or the employees.
Mayor Carollo: ... only affect members of the boards right now. These are the ones we're
starting to deal with. Jim, you know, I'll be very honest with you. We have a very, very long
agenda. We have a lot of serious items that we need to do today for this City. I'm sorry that you
want to dissolve the City. That's your prerogative, that's your right. But what I'm not going to
permit is that every time we're going to take a resolution or an ordinance that's going to move
this City forward, that's going to help stabilize this City financially, that you're going to try to
put a road block on it. I'll certainly give you the right to oppose it, but we're moving forward.
Mr. McMaster: Right. No, I'm not going to, sir. We're on item number 16, and I've only
spoken on one item so far. So I'm not going to get up on very item.
Mayor Carollo: OIL. I appreciate that.
Mr. McMaster: To finish, I would just urge you not to do things by pocket item. We need to
have two readings, or have it on the agenda. Thank you.
Mayor Carollo: Thank you.
33 December 12, 1996
�i
Commissioner Gort: Mr. Mayor, I think it's important to understand, most of the items that we
have here are items that were recommended by the professional team that came here, as
decisions that we had to take. It's been out in the public for a while, and this is what we're doing
now, trying to...
Mayor Carollo: Absolutely correct, Commissioner.
Commissioner Gort: ... trying to act on the plan.
Mayor Carollo: Yeah. I think that this is something that's been out, all these items. These are
not items that we're pulling out of a hat. They have been out in the public's hands for some
time. They've been discussed in the media, they've been discussed here in past meetings. We
need to make the decisions today that are going to soon bring the City back to its feet financially
again, and give us the financial foundation that this City needs. Now, the more we wait on
making decisions on some of these items, the more dollars that we're losing every day. So we
need to move forward on them.
Commissioner Gort: Mr. Mayor, also, I would like to request of staff, when you make the
presentation of the item, explain the reason why we're doing it, how much are we reducing,
because it's important for the audience out there and for the public to understand what's
happening.
Ms. Bellamy: All right.
Commissioner Gort: Thank you.
Commissioner Plummer: Well, I think if you look, with one exception, at the so-called pocket
items, the last three, we cannot amend the Charter by a resolution. That has to go through a
regular process. And the only other one that I see that would affect...
A. Quinn Jones, III, Esq. (City Attorney): What other items are you talking about?
Commissioner Plummer: Well, there's three here.
Mr. Jones: Where?
Commissioner Plummer: Amending portion of Chapter 42 of the Charter.
Mr. Jones: No, that's the Code.
Commissioner Plummer: That's the Code?
Mr. Jones: That's the Code.
Commissioner Plummer: Oh, these are all Codes.
Mr. Jones: Code, yes.
Commissioner Plummer: So they could be amended by resolution?
Mr. Jones: They could amend...
Commissioner Plummer: I stand corrected.
34
December 12, 1996
r
Mayor Carollo: Yeah, these are all resolutions to the Code.
Mr. Jones: Yeah. Any amendments to the Code have to be done by ordinance.
Ms. Bellamy: Right.
Mr. Jones: Resolutions basically are housekeeping matters, whatever.
Commissioner Plummer: Well, OK. Then I go back to the same question. On those last three,
which are amending the Code, can that be done by resolution?
Mr. Jones: No. It has to he done by ordinance.
Commissioner Plummer: So these are not... Oh, in other words, you're going... they're going to
present the ordinance today?
Mr. Jones: Yes, yes.
Commissioner Plummer: And ask for it on an emergency basis. And the other question that I
have is, can that be done without advertising or being on the agenda?
Mr. Jones: You have the wherewithal, given the fiscal emergency that the City is in, to justify an
emergency without any advertisement, whatsoever.
Commissioner Plummer: OK.
Mayor Carollo: OK. We have a resolution before us, a resolution changing the compensation of
Civil Service Board members to a dollar ($1) per year. There's been a motion and a second on
that. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
35 December 12, 1996
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 96-897
A RESOLUTION CHANGING THE COMPENSATION PROVIDED TO MEMBERS
OF THE CIVIL SERVICE BOARD TO $1.00 PER YEAR, EFFECTIVE JANUARY 1,
1997.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
-- -------------------------------------------------------------------------------------------------------------
14. EMERGENCY ORDINANCE: AMEND CODE SECTION 62-53, REDUCE
COMPENSATION OF PLANNING ADVISORY & ZONING BOARDS
MEMBERS AT $1.00 PER YEAR.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: OK. Next.
Ms. Angela Bellamy (Assistant City Manager): The next item is changing the salaries for
Planning Advisory Board, and Zoning Board members, also to one dollar ($1) a year. Now, that
is in the ordinance because in the Code, it currently is specified. It would... In order to realize
the savings, the total savings of one hundred forty-four thousand four hundred forty-three dollars
($144,443) for this fiscal year. It needs to be an emergency item, and it would take effect
January 1st.
Mayor Carollo: Right. OK.
Ms. Bellamy: In accordance with the Strategic Financial Recovery Plan.
Mayor Carollo: Right. Is there a motion on this item?
Commissioner Gort: Move it.
Mayor Carollo: It's been moved by Commissioner Gort.
Vice Mayor Regalado: Second.
36
December 12, 1996
Mayor Carollo: Second by Commissioner Regalado. Can you read the ordinance, please.
A. Quinn Jones, III, Esq. (City Attorney): I don't have that one.
Mayor Carollo: Can someone give the City Attorney a copy? Because apparently, it wasn't
done.
Commissioner Gort: Mr. Mayor, I think it's important to explain that what we're doing here is
i
reducing the salary of those people who work on the different boards, appointed by us.
Mayor Carollo: Well, basically...
Commissioner Gort: And their benefits.
Mayor Carollo: Basically, it's the minimal benefits that are there. These are really advisory
boards, and we're bringing them to being that.
Mr. Jones: Commissioner, we can only do an emergency ordinance that would be effective now.
You can't do an emergency ordinance that's going to be effective at some future date. So if you
do an emergency ordinance, it would be effective immediately upon adoption.
Mayor Carollo: I don't think that's really going to matter...
Ms. Bellamy: No.
Mayor Carollo: ... if it's effective now, because if there have been payments made already for
different health insurance policies. You know, it would have covered the whole month.
Mr. Jones: OK. So to read an emergency ordinance...
Commissioner Gort: Excuse me, Mr. Mayor.
Mr. Jones: I'm sorry.
Commissioner Gort: My understanding, also, each of these boards have been informed by their
staff of the steps that's taking place. Am I correct?
Mayor Carollo: This has been in the matrix. It's been there for a long, long time. It's been
discussed at past public hearings that we've had, and workshops. So I would be very surprised if
no one has been made aware of this.
Ms. Priscilla Thompson (Executive Secretary, Civil Service Board): Mr. Mayor and
Commissioners, Priscilla Thompson, Executive Secretary, Civil Service Board. I assure you that
as soon as we got the resolution and all the documentation that was forwarded to our board
members, they were all aware of the changes. They were all invited to attend today's meeting to
4 speak, if they had a problem.
Ms. Teresita Fernandez (Chief, Hearing Boards): Teresita Fernandez, Chief of the Hearing
Boards. I have advised my members, also. They have no problem with the salary reduction.
They have some problems, though, with the insurance.
Mayor Carollo: No one wants to speak on this one?
Commissioner Plummer: Read the ordinance.
37 December 12, 1996
r
Mayor Carollo: Can you read the ordinance, Mr. City Attorney? Call the roll, please.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING SECTION 62-53 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED:
"APPOINTMENT OF MEMBERS AND ALTERNATE MEMBERS OF THE
PLANNING ADVISORY BOARD AND ZONING BOARD," TO REDUCE
COMPENSATION TO ONE DOLLAR PER YEAR; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Gort and seconded by Vice Mayor Regalado, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Gort and seconded by Vice
Mayor Regalado, adopted said ordinance by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11420.
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.
38
December 12, 1996
-------------------------- --------------------------`----------------------------------------------------------
1S. ALLOW CIVIL SERVICE/ PLANNING ADVISORY/ ZONING BOARDS
MEMBERS TO REMAIN IN HEALTH INSURANCE PLAN AT 100% OF
COST.
Mayor Carollo: OK. The next one is the resolution.
Ms. Angela Bellamy (Assistant City Manager): Yes. This resolution would allow the board
members, Civil Service...
Commissioner Plummer: Move it.
Ms. Bellamy: OK.
Mayor Carollo: Why don't you explain it real quickly so...
Ms. Bellamy: OK. This allows the Civil Service Board, Planning Advisory Board, and Zoning
Board to participate in the City's insurance program at 100 percent of cost.
Mayor Carollo: OK. It's moved by Commissioner Plummer.
Commissioner Gort: Second.
Mayor Carollo: Seconded by Commissioner Gort. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No nays.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-898
A RESOLUTION APPROVING PARTICIPATION IN THE CITY OF MIAMI GROUP
MEDICAL INSURANCE PROGRAM FOR THE MEMBERS OF THE CIVIL
SERVICE BOARD, PLANNING ADVISORY BOARD AND ZONING BOARD,
PROVIDING THAT THE INDIVIDUALS PAY 100% OF COSTS FOR SAID
PARTICIPATION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
39
December 12, 1996
r
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
16. (A)NUISANCE ABATEMENT BOARD TO BE ADMINISTERED BY
HEARING BOARDS.
(B)DISCUSSION RE COUNSELS FOR BOARDS: SALARIES, BENEFITS.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: The next one.
Ms. Angela Bellamy (Assistant City Manager): The next one, you have special counsels to three
boards: Civil Service Board, Planning Advisory Board, and Zoning Board.
Commissioner Plummer: You have another one, also.
A. Quinn Jones, III, Esq. (City Attorney): Those are the only three paid.
Ms. Bellamy: OK. Excuse me. It's Code...
Mayor Carollo: Code Enforcement.
Ms. Bellamy: Code Enforcement Board. Presently, they...
Commissioner Plummer: What about the Nuisance Abatement Board? Is there not a special
counsel there?
Mr. Jones: Yes, mm-hmm.
Commissioner Plummer: That's not listed here.
Mr. Jones: Yes, it is.
Commissioner Hernandez: It is here.
Mr. Jones: You've got Civil Service Board, Code Enforcement, and Nuisance Abatement
Board. Those are the three that have special counsel
Commissioner Plummer: Excuse me. Are you reading from something different?
Mayor Carollo: No, no. We got...
40 December 12, 1996
r
Commissioner Plummer: I'm reading from what was sent to me by the Manager.
Mayor Carollo: Yeah. We have a different one, you and I, J.L.
Commissioner Plummer: I've got a different one that says, "Special Counsel for Boards of Civil
Service, Planning Advisory and Zoning." It does not speak to Code Enforcement or Nuisance
Abatement.
Commissioner Hernandez: It does on the bottom, J.L.
Mr. Jones: The actual resolution has... specifies all three boards. So perhaps you don't have it in
the cover that was sent to you, but it does have it in the actual legislation.
Vice Mayor Regalado: Where it says, "Recommendation," right at the top, J.L. At the top.
"Recommendation."
Commissioner Plummer: Yeah, that's... OK. You know, just for the record let's... and I'm not
finding fault, because if anything, I'm commending the Manager for getting so much stuff
together in such a short period of time. But I want to tell you something. I was delivered, like
all of us, a package which includes this, last night, at about eight o'clock or seven o'clock. And
to read through all of this material is just beyond, I think, what anybody could do, when you also
have a normal agenda to take into consideration. So what I basically... and I'll admit that I
basically went on the front cover sheets, knowing fully what was included. Mr. Mayor, there is a
proposal by the counsel of the Code Enforcement that if, in fact... Mr. Manager, this is for you
to make a decision on whether you wish to consider that the counsel presently on Code
Enforcement is paid eighteen thousand dollars ($18,000), and Nuisance Abatement is paid
eighteen thousand ($18,000). He would be willing to do both boards for thirty, if you give him
the health insurance.
Mayor Carollo: Who is this now?
Commissioner Plummer: Mr. Bucelo.
Mayor Carollo: Well...
Commissioner Plummer: I mean, I'm just asking whether you feel that it's worthwhile to look
into or not.
Mr. Jones: I don't think so.
Mayor Carollo: Have we ever placed any of those positions for counsel out to a bid process?
Ms. Bellamy: Not that I'm aware of. Mr. Jones?
Mayor Carollo: Maybe we could even get a better quote, if we ever would do it.
Mr. Jones: Commissioners, it's always been a Commissioner's prerogative to choose those, with
the recommendation...
Mayor Carollo: I understand, Mr. City Attorney, but what I'm saying is that we've got to start
doing business differently, across the board.
41 December 12, 1996
[A
Mr. Jones: Yeah. I mean, if you want for the next appointment to... you know, for the following
year, to request proposals for legal services for representation, certainly, that will do. But that
was a big reduction from thirty thousand down to eighteen.
Mayor Carollo: Well, we're not questioning the reductions that we gotten. What I am saying is
that, who knows, maybe you might even someone that might enjoy it so much, they might want
to do it for free.
Commissioner Hernandez: Mr. Mayor.
Mayor Carollo: Yeah.
Commissioner Hernandez: In the past, it's been my understanding, and I was looking at this,
that the City Attorney's Office was the one that handled, really, the selection of the board
counsel. Obviously, the Manager would decide where the budget would come to pay for these
outside counsel. Another thing, there's a big difference between the budget of the Nuisance
Abatement Board and the Code Enforcement Board. For example, if the Nuisance Abatement
Board has a full staff that is paid, separate from, for example, Code Enforcement Board, that is
really free of charge to the City of Miami, versus the Nuisance Abatement Board, which was
created... a separate ordinance was created, and it's staffed... I don't have the numbers right here
of what the Nuisance Abatement Board costs us. Would you... Teresita, do you know how
much the staff costs?
Vice Mayor Regalado: It cost a hundred and seventy-five thousand dollars ($175,000). That's
what it cost.
Commissioner Hernandez: To staff the Nuisance Abatement Board.
Vice Mayor Regalado: Is that correct?
Ms. Teresita Fernandez (Chief, Hearing Boards:) Yes.
Vice Mayor Regalado: It's not under the office... boards. It's just a separate entity.
Mr. Edward Marquez (City Manager): Mr. Mayor, just a point of clarification here. As far as
the matrix that we've been operating under, the total departmental cuts that you, as a
Commission, have basically said go ahead and do, the ten point five million dollars, part of that
was the elimination of the Nuisance Abatement Board, with the Hearing Board to provide the
staff support. And that savings, per the task force plan was an eighty-nine thousand... almost a
ninety thousand dollar ($90,000) savings for fiscal '97, and a hundred and nineteen thousand
dollar ($119,000) savings for fiscal '98.
Vice Mayor Regalado: OK.
Commissioner Plummer: So what you... Now, who... then who will handle what... The normal
business of the Nuisance Abatement will be handled by whom? By Code Enforcement?
Ms. Fernandez: I will be handling it. By the Office of Hearing Boards, with my staff.
Commissioner Hernandez: Commissioner Plummer, that's what I'm trying to say. Can't the
same Code Enforcement staff, staff the Nuisance Abatement Board and save the City... Instead
of abolishing the Nuisance Abatement Board, be staffed by the Code Enforcement. And at the
same time, we still have a Nuisance Abatement Board, which is a very important board, and we
can staff it for free, basically.
42 December 12, 1996
Commissioner Gort: My understanding; is that if we could supply the staff, the Nuisance
Abatement Board has been very important in working; with the police to deter crime, and to close
a lot of places that need to be closed.
Mr. Marquez: I believe the recommendation here is for the elimination of the staff funding.
Commissioner Gort: Of the staff, not the board itself.
Mr. Marquez: Correct.
Commissioner Gort: OK.
Mr. Marquez: The function of the Nuisance Abatement Board will continue. However, the staff
support function will be provided by the Hearing Boards.
Mayor Carollo: Is there a motion on the resolution that's before us on this item?
Commissioner Gort: Move it.
Mayor Carollo: Moved by Commissioner Plummer (sic), second by Commissioner Regalado.
All in favor, signify by saying; "aye."
The Commission (Collectively): Aye.
Commissioner Plummer: Well, excuse me. That was Commissioner Gort. I have no problem,
just...
Mayor Carollo: OK. Commissioner Gort, for the record.
Commissioner Plummer: ... check your ears.
43 December 12, 1996
r
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 96-899
A MOTION DIRECTING THE CITY MANAGER TO HAVE THE NUISANCE
I
ABATEMENT BOARD ADMINISTERED BY THE HEARING BOARDS DIVISION.
Upon being seconded by Commissioner Regalado, the motion was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
17. DISCUSS/DEFER CONSIDERATION OF USHUD SECTION 108 LOAN --
FORWARD TO FINANCIAL EMERGENCY OVERSIGHT BOARD FOR
REVIEW.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: The next one, I think we need to...
Mr. Edward Marquez (City Manager): The item for the U.S. HUD (United States Department of
Housing and Urban Development) agreement of... Section 8 loan agreement. I defer... pulling
this off as a pocket item because the Financial Oversight Board wants to hear it. It's a big
number.
Mayor Carollo: Well, it's appropriate. I think it's, you know, very appropriate that they've
asked that.
----------------------------------------------------------------------------------------------------------------
18. EMERGENCY ORDINANCE: AMEND CODE SEC. 62-61, "SCHEDULE OF
FEES," TO INCREASE FEES FOR CLASS II SPECIAL PERMIT
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Next one is the amending ordinance entitled "Schedule of Fees."
Mr. Jack Luft (Director, CPR Dept.): It's amending the Code to increase Class II design review
permit fees by approximately 50 percent. On an annual basis, we process 400 applications,
generating about seventy thousand dollars ($70,000). For the balance of this fiscal year through
September, we're projecting an increase of twenty-five thousand dollars ($25,000) for next
year - thirty-five thousand - as a result of the adjustments. These fees have not been changed in
over ten years.
44
December 12, 1996
'A
Commissioner Plummer: Move it.
Commissioner Gort: Mr....
Commissioner Plummer: I'm sorry.
Mayor Carollo: It's an ordinance.
Commissioner Plummer: I move it.
Commissioner Gort: I'll second it.
Commissioner Plummer: Read the ordinance.
Mr. Jones: No discussion?
Mayor Carollo: Call the roll.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING SECTION 62-61 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED:
"SCHEDULE OF FEES", TO INCREASE THE FEES APPLICABLE TO CLASS II
SPECIAL PERMITS, AND TO INTRODUCE A PACKAGE MAILING FEE TO
BE CHARGED FOR ITEMS SCHEDULED FOR PUBLIC HEARINGS AND
PUBLIC MEETINGS; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer and seconded by Commissioner Gort, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
45 December 12, 1996
a
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Gort, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11421.
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.
i
i
NOTE FOR THE RECORD: Although absent during the second
roll call, Commissioner Plummer requested of the Clerk to be
shown in agreement with the motion.
----------------------------------------------------------------------------------------------------------------
19. ALLOW SPECIAL COUNSELS OF CIVIL SERVICE/ PLANNING
ADVISORY/ ZONING/ CODE ENFORCEMENT/ NUISANCE ABATEMENT
BOARDS TO PARTICIPATE IN HEALTH (MEDICAL) INSURANCE PLAN
PROVIDED SAID ATTORNEYS PAY 100% OF COST.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Next item is the...
Commissioner Gort: Mr. Mayor, let...
Mayor Carollo: Yes.
Commissioner Gort: Let me ask a question before we go on to the next item. Did we pass the
resolution where the attorneys could have the insurance benefit at 100 percent paid by them?
Commissioner Plummer: No, I don't think you did.
Commissioner Gort: You don't have that yet.
A. Quinn Jones, III, Esq. (City Attorney): I think it was there.
Commissioner Gort: Because it's here, and I don't know if you want to deal with it or not.
Mr. Jones: Yeah, I have it here.
Commissioner Gort: It's under the same privilege as the board members.
46 December 12, 1996
F
Mr. Jones: Yeah. Let me just read it.
NOTE FOR THE RECORD: At this point, the City Attorney read
the proposed resolution into the public record by title only.
Commissioner Gort: Move it.
Mayor Carollo: There's a motion.
Vice Mayor Regalado: Yes.
Mayor Carollo: Second. Call the roll.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 96-900
A RESOLUTION APPROVING PARTICIPATION IN THE CITY OF MIAMI GROUP
MEDICAL INSURANCE PROGRAM FOR THE ATTORNEYS ENGAGED AS
SPECIAL COUNSELS FOR THE CIVIL SERVICE BOARD, CODE ENFORCEMENT
BOARD AND NUISANCE ABATEMENT BOARD, PROVIDING THAT SAID
ATTORNEYS PAY 100% OF COSTS FOR SAID PARTICIPATION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
1
Upon being seconded by Vice Mayor Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: Commissioner J.L. Plummer, Jr.
--- ----------------- ------------------- ------------ ------ ------------------- --------------
20. - DISCUSSION CONCERNING INTERLOCAL AGREEMENT BETWEEN- -
DADE COUNTY AND THE CITY OF MIAMI REGARDING THE
FECBICENTENNIAL PARK PROPERTY -- MANAGER TO BRING BEFORE
CITY COMMISSION BEFORE SIGNING SAME.
Mayor Carollo: Mr. Manager, on the next item, do you really want to discuss anything on this
item?
Mr. Edward Marquez (City Manager): I'd be happy if there's no discussion on it. What
happened is at the December 7th budget workshop... I mean not budget work... At the
47
December 12, 1996
,_Y
r
Commission workshop meeting that we had, direction was given to put this thing up as an
agenda item on... for discussion purposes. I personally did not follow through on that, and the
only way I'm bringing it up today is through a pocket item.
Mayor Carollo: I don't think that we need to discuss this item, because there is really no action
for us to take on this. We're moving forward in discussions with the County. I've been in
communications with Mayor Penelas on this, and I think we'll find creative ways, working
together, to come up with an adequate solution for this.
Mr. Marquez: I withdraw the item.
Mayor Carollo: Thank you. OK. The next one is an amendment to City Code Section 18-80
entitled "Authority to Sell."
Mr. Eduardo Rodriguez (Director, Asset Management): Good morning.
Commissioner Plummer: Excuse me for one minute. Did you discuss the FEC Bicentennial?
Commissioner Gort: No.
Mayor Carollo: We did not discuss the FEC.
Commissioner Plummer: OK. Thank you.
Mayor Carollo: We discussed not to discuss the FEC.
Commissioner Plummer: We discussed not to discuss. And is it... Was there a reason given?
i
Mayor Carollo: Commissioner, I don't think that this is the time to get into that. I think you
understand why at this point in time.
Commissioner Plummer: OK.
Mayor Carollo: I have had communications with Mayor Penelas on it. We're going to be
working together to find creative ways to move forward on it. I am sure that we will. But it
serves no purpose to get into any discussions on this right now, when there's nothing before us.
Commissioner Plummer: Well, excuse me. Let me tell you my concern. My concern is that
there's an Interlocal Agreement out there that basically has not been put into effect because the
County has not signed it.
Mayor Carollo: Well, it's a variety of reasons. But...
Commissioner Plummer: Well, no, what I'm... What I want to make sure is that we're not
locked out from some future discussion by virtue of them signing. Mr. Manager?
Mr. Marquez: That leaves out a number of conditions precedent before the County could sign it,
and before... And you've directed your City Manager not to sign it. Discussion... A direction to
me to bring it back at a future point in time before signing it is... I imagine it would be proper in
that regard.
Commissioner Plummer: I so move.
Mayor Carollo: You so move what?
t
48 December 12, 1996
Commissioner Plummer: I so move that before the City Manager signs the Interlocal
Agreement, that it must be brought back to this Commission for approval.
Mayor Carollo: OK. Well, we could make another motion to that effect, if you'd like. There's
a motion. There's a second by Commissioner Hernandez. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Commissioner Plummer: OK. Thank you. Just... I don't want to get us locked out.
Mayor Carollo: We won't.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 96-901
I A MOTION DIRECTING THE CITY MANAGER THAT BEFORE HE SIGNS ANY
' INTERLOCAL AGREEMENT IN CONNECTION WITH THE FLORIDA EAST
COAST RAILROAD PROPERTY IN BICENTENNIAL PARK, THEREUPON
SIGNING OF SAME BY METRO-DADE COUNTY, THAT IT MUST BE BROUGHT
{
BACK BEFORE THE CITY COMMISSION.
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
• NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
21. AMEND CODE SEC. 18-80, "AUTHORITY TO SELL" BY DELETING
REQUIREMENT THAT CITY MUST FIRST OFFER SURPLUS PROPERTY
FOR SALE AT APPRAISED VALUE TO METRO DADE AND SCHOOL
BOARD -- DISCUSSION OF COMMISSION POLICY RE PAYMENTS IN
LIEU OF TAXES -- SEE LABEL 23
---------------- -----------------------------------------------------------------------------------------------
Mr. Eduardo Rodriguez (Director, Asset Management): Good morning. Mr. Mayor and
Commissioners, we are proposing the modification of Section 18-80 of the Code of Miami. In
quotes, "Authority to Sell." We are dealing... We are proposing the deletion of the requirement
that the City of Miami must first offer to the School Board and Dade County the property at
appraised value. We believe that that will diminish our opportunity to get higher prices than
appraised value, in the first place. In the second place, it would lengthen, you know, the process.
This would be an option that we have that we can offer to them, but with any, you know,
obligation to do as the Code say now.
49 December 12, 1996
15M
Mr. ;E,dw<ird Marquez (<C.ity Maambcr : Ill essc;nce, what we're saying 1s we want a change to the
,Code so that wilen we solicit interest irou) the private sector, what we can do is, we can go to the
School Board and the COuuty at the sart;e time.
t;c�aiimi5sio►ac 1 I'lualittic r: It give us the right to 130gc.ltiate.
Mr. Marquez: Exactly.
Mr. JE gdrigue.z: Might.
)Con4l;iissiquer Plummer: Which we don't have today.
Mr.10dripoX: (correct.
V>ce Mayor Regalado: Since we first. heard about that prujcct, Edward, other plans have been
,¢eye,19,p'd rlrouiid the; pr9je:c.t. As yyu know, we found out that they're going to build two hotels
;clr...
Ma A94rjgve7,: ,Nlit's correct. Yop're talkilag al)out the Miami $pring now, Commissioner.
'y'ic.� iy�aygr Ite�;tll,aciq: Mjarnl S(?1�1►1gs•
D&, gQdrjguer: Yes, sir. We it... Well, you kpow, and the price changed now. As you
►�w, w� re u►idtr 1�cgutiatic)11 now with the School Board, A1id definitely, with the
111 01.IPoioo tl)at you giye ►>>e, it was very, you know, appreciated, because now, we have a
4ifl'c1vpl 1e1-sllec:live of tl►e value in Owl
Vi e MJy1)►' ate ,�)itfdc�: 1 �1! t));)t WOIJicj be the only Clieltl, potential client?
�r��i�nil: Nq. it's pl- ilrlllly... it., we ;►cillaNy open For bida, there {ire going to be probably
ralhel'o. W► ,j,e lryil)� to SCII !i►is pl-ppel-ty foj- tW(,) ye,lrn, Commissioners. And many groups came
if,l l!S ial1,4io iJs,s 07)"in !l►rLr: milliml [l(Mm-s ($3,000,000)• So we ))live In liegTdtiations now
►11)4Fy4'Fly, jmw will) Ow SQj)oO! Poord !1),)1 we plat y the ., 110j mil of money Olaf, you know, the
�"r11114?11�s1A11 �'!Is1Jli�, 114 �)!le hrai►l!�
PR11141101m1er P111111111e1.: 1 0, ! !hill!, 1110... l holle we fet)1ember !brit there was and ordinance
}1i4� e fly 11*l� r-{-1►+fit- •• of lvwt t ►► yetir o6yo in which that it it went to a
Ayt✓f4j(h 11►14� Ur 11► npr►ll'il uOlwy, (Ill!{ they have to 1)1,llce ml annual donation, fin annual
FR111ri11111im) IR ihP City in 1hr- 11111olml of w1mi tliv 1,1KC-S wo)Id be If., it went to Old private sector.
mr, I e#111411111 vml St111 tilling. oil lhin parlicillm. (sporty. It's outside file City
1141t141t�1;441"�•
�111i1rflf��Hll�r �li(111111�1�, S4i11, il'� ►�tlr lart�laerla�•
(fir!61•t1�1riNz: 1'1`s~11, (,..
Q1111111itOm1et" I1111111 pe(: 1 lhinl 41wt, ovdiil#loo 4ms !illy Cily-owtrod jimpel'ty, if Vnl not
111144-1h
Q10 41IP, III, list- Wity A1t41rin,): it's ills' ttridt3rattmGling lhtit was not
}�AO�N 111 14 (OV111 t1fi Il0 o0itaslmvv• whm wo i oiolly wwi 4 vollii 1w). proffor from
�41e�� AC�t1111�3{Ic1t1�,
0 tX,,vom eT 112" 1996
Commissioner Plummer: Oh, no. Absolutely not. Matter of fact, on today's agenda, one of the
items on today's agenda reflects it.
Mr. Jones: What I'm saying to you is that there is no ordinance. That's all I'm saying to you.
Mayor Carollo: Was there any Commission resolution instructing the Administration, before the
three of us were on the Commission, to go out and try to sell this property?
Mr. Rodriguez: No. Before that, Commission... Mayor.
Mayor Carollo: Excuse me?
Mr. Rodriguez: Before your time, two years ago.
Mayor Carollo: Well, this is what I'm asking. Was there an official resolution made?
Mr. Rodriguez: Yes, it is. We have that instruction two years ago, and...
Mayor Carollo: Commissioner Plummer, Commissioner Gort, do you remember that?
Commissioner Plummer: I'm sorry. I...
Mr. Jones: There's no ordinance.
Mayor Carollo: Was there ever an official resolution from this Commission instructing the
Administration to try to sell Miami Springs Golf Course?
Commissioner Plummer: Instructions to sell, I don't recall. I do remember a policy stating that
if we were to sell, that the City of Miami Springs had the first right of refusal. Now, to tell the
Manager or to tell anyone to go out and sell the property, I'm not aware.
Mayor Carollo: OK. This is what I am trying to clarify. I didn't want anyone to get the
impression that we'd been trying to unload this piece of property and haven't been able to sell it
in two years. Therefore, if we decide to accept or to hear any offers, that somehow, they're
going to get a real big fire sale. Because the City hasn't been interested officially, at least the
Commission, in trying to sell this property. We have had people that have come to us to try to
buy the property, like the City of Miami Springs. But it hasn't been that we've put a for sale
sign on it.
Mr. Rodriguez: No. Mayor, we're going to bring later on a list of properties for your
consideration that we can declare surplus. And this property is listed on that, is there on that list.
Commissioner Plummer: Excuse me. Item 21 tracks exactly what I remember of an ordinance
being passed by this Commission. It was brought to me by Christina Cuervo, in which the
School Board is buying a piece of property of the City for a hundred and twenty-five thousand
dollars ($125,000), and a covenant to pay an annual payment to the City in lieu of taxes in the
amount of one thousand four hundred sixty-three dollars and nineteen cents ($1,463.19). I could
be wrong, but let me tell you, I distinctly remember that being passed by this Commission.
Mr. Rodriguez: Commissioner, with this item...
Commissioner Plummer: All right. Excuse me. What you're saying is, instead of an ordinance,
it was a policy set by this Commission?
51 December 12, 1996
W
Unidentified Speaker: Yes.
Mr. Jones: It was a policy directive, yes.
Commissioner Plummer: OK. Would not that policy direction apply across the board?
I Mr. Marquez: Commissioner Plummer, I believe that... and I'm hearing it's a policy direction of
the board to the Manager to negotiate PILOT (Payment in Lieu of Taxes) payments from any
nongovernmental source. We will attempt to do so with Miami Springs.
Commissioner Plummer: But I don't think this Commission, you know, wants to tell you if you
can. I think this Commission wants to tell you you must.
Mr. Rodriguez: OK. We'll bring back to you any legislation that is necessary.
Commissioner Plummer: Am I out of picture here? I mean, here in this particular case, a
hundred and twenty-five thousand. I assume the millage applied towards that would be this
fourteen hundred dollars ($1400). And that's what we said was that quit taking City property off
the tax rolls, you know. Mr. Mayor, if it's necessary, I'll move an ordinance to that effect,
making it mandatory. Because I just...
i
Mayor Carollo: I think you're correct, Commissioner, and maybe what we need to do is to have
the City Attorney look at it and see if we can legally make an ordinance to that effect.
Mr. Jones: Well I... We've looked at it before, Mr. Mayor. I think that we can make the
wording such that it's not... I mean, not in the form of a tax, because obviously, we can't force
them to pay taxes if they're not legally required to do it. So that's therein where it becomes
problematic. So I don't know if you want to really do an ordinance that really won't be
enforceable, anyway.
Commissioner Plummer: Well, wait, wait, wait. We're not saying to pay taxes. We're saying
that you're paying for municipal services. We're not saying that we're assessing you as ad
valorem taxation, which we can't do.
Mr. Jones: No, I understand what you're saying. I'm just telling you what the effect of it is, so
we'll have to play with the wording and bring something back.
Mr. Marquez: Mr. Mayor.
Mayor Carollo: Mr. Manager, go ahead.
Mr. Marquez: We don't need to legislate this. You've given us direction. You've given me
clear direction that when we negotiate a land value price sale with a not -for -profit, you want to
recoup going forward the cost of municipal services. Give us the option to do that. If we bring
something forward... If we bring something back to you that does not have that, I would assume
that the City Manager will have to justify why that was not possible in that given instance.
Commissioner Plummer: Let me clarify your language. It wasn't just for nonprofit. It was for
tax-exempt, which included nonprofit.
Mr. Marquez: OK. I'm corrected.
Commissioner Plummer: Which included governmental agencies, as well as nonprofit
organizations.
52 December 12, 1996
�i
Mr. Marquez: That's tine. I just don't want to be legislated into having to do something, but I
will absolutely have to justify to you why I'm not doing that, going forward.
Commissioner Plummer: OK.
Commissioner Hernandez: Mr. Manager, the bottom line is we can negotiate with anyone we
want. Right?
Mayor Carollo: Sure.
Commissioner Hernandez: We're giving you authority...
Mayor Carollo: That's the bottom line.
Mr. Marquez: Well, that's what this... the purpose of this given item before you right now, yes.
Commissioner Hernandez: That's the bottom line.
Mr. Marquez: Yes.
Mayor Carollo: OK. There has been a motion. There's a second. Hearing no further
discussion, all in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No nays.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 96-902
A MOTION TO AMEND SECTION 18-80 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "AUTHORITY TO SELL," BY DELETING
THE REQUIREMENT THAT THE CITY MUST FIRST OFFER A SURPLUS
PROPERTY FOR SALE AT ITS APPRAISED VALUE TO METROPOLITAN DADE
COUNTY AND THE DADE COUNTY SCHOOL BOARD.
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer Jr.
NAYS:
ABSENT:
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
None.
None.
53 December 12, 1996
N
--------------------------------- ------------------------------------------------------------------------------
22. DISCUSS/TABLE CONSIDERATION OF PROPOSED AMENDMENT TO
CODE SE. 42-8, SPECIAL DEPARTMENTAL SERVICE FEES:
PHOTOCOPIES OF DOCUMENTS / POLICE RECORDS, PAWNSHOP, LOST
PROPERTY (SEE LABEL 26)
Mayor Carollo: Next one is amending portions of Section 42-8 of the Code of the City of
Miami, establishing the maximum rates that may be charged for special departmental service
fees, such as certified reports and good conduct letters.
Chief Donald Warshaw (Chief of Police): Mr. Mayor, Commissioners, this past Saturday, I told
you I'd bring back these four ordinance changes. We were able to work with the Law
Department and get them done. This first one has to do with putting our fees, number one, in
accordance with State statute as it relates to certain kinds of documents; namely, xeroxed copies
for reports generated from our Records Bureau, copies of records checks, where the fee is going
from five dollars ($5) to ten dollars ($10), and other miscellaneous documents, putting our per
page costs in order. Let me also add that I brought to you also on Saturday the recommendation
to create a pawnshop fee. And the City Attorney's Office has made a determination that under
Section 42.8 of the Code, the appropriate place for this fee to be would be in this ordinance, as
well. So as part of this ordinance, the two hundred and fifty dollar ($250) per license fee for all
City of Miami pawnshops, as well as the dollar fifty per pawn card that we project, it would
generate approximately two hundred and fifty thousand dollars ($250,000) is also part of this
ordinance.
Commissioner Hernandez: Mr. Mayor, I have a question.
Mayor Carollo: Go ahead.
Commissioner Hernandez: As to Section G, Chief, let's say... I'd like to give you an example.
Let's say my house is broken into, and you find the burglar a week later with a whole bunch of
stuff that was taken from my property, and you hold it, obviously, as evidence and in custody.
Would I be subject to paying a hundred dollars ($100) to receive my property back?
Chief Warshaw: No, no, sir, not evidence. Only lost property.
Commissioner Hernandez: Well, it says here... and I don't know if it's that clear. It says here,
"Property upon the return by the Police Department of lost, found, property taken into custody.
Obviously, you're taking stuff into custody that's mine that was stolen from me that was found
by your department. So I don't know if it's clear that the person in my....
Chief Warshaw: I'll state... I understand your question. I'll state on the record that, no, you
would not be subject to this.
Commissioner Plummer: I have a question.
Chief Warshaw: Yes, sir.
Commissioner Plummer: If you find something and you turn it into the Police Department, let's
say twenty dollars ($20), you're going to charge me a hundred dollars ($100) to get it out.
54 December 12, 1996
Chief Warshaw: Technically speaking, that's yes, and that's what State law is.
Commissioner Plummer: No, technically... no. That's ridiculous. I mean, you know, there's got
to be... To go reclaim a twenty dollar ($20) bill for a hundred dollars ($100) doesn't make sense,
any way, shape or form.
Chief Warshaw: Commissioner, I mean, we're storing tremendously large numbers, you know,
of lost property for very long periods of time, and we don't have...
Commissioner Plummer: Chief, I would go along with an ordinance that says anything of a
hundred dollars ($100) or under would be released at value, or something, but I just...
Chief Warshaw: That's fine.
Commissioner Plummer: I can't vote for something that says an item that's worth twenty dollars
($20) or thirty dollars ($30), that I got to pay a hundred dollars ($100) to get it back.
Chief Warshaw: That's fine.
Mr. Marquez: Could we read that as an adjustment... as an amendment to the ordinance title.
Commissioner Plummer: It would just...
Commissioner Gort: Let me ask another question. My understanding is when you have private
sector, you go and... laundry or whatever you have repaired, they'll store it for 30 days. If you
r don't pick it up within 30 days...
Commissioner Plummer: They sell it.
Commissioner Gort: ... they'll sell it.
Commissioner Plummer: They auction it.
Commissioner Gort: Can we put something in the ordinance... not 30 days. I mean, we should
give them a lot more.
Commissioner Plummer: We do that. We have auctions.
Commissioner Gort: We do? Oh.
Chief Warshaw: Yeah. It's 90 days in State law before we can dispose of it.
Commissioner Gort: Ninety days. But after 90 days, what are we doing with it? We're not
doing anything with it.
Chief Warshaw: Auctioning, if it has value to the City.
Commissioner Plummer: Everything but guns.
Chief Warshaw: Right. We don't auction guns.
Commissioner Gort: Thank you.
55 December 12, 1996
;; & • FYI
Commissioner Plummer: No, that's dropped in the ocean. Mr. Manager, I'm willing to vote for
this positive, but you've got to show me some change under the... if the item is less than a
hundred dollar ($100) value. I don't think it's fair.
Mr. Marquez: Sir, that makes absolute sense. We'll go ahead and amend it as such. We'll work
with the City Attorney for the proper language to carry out the intent of the Commission.
Commissioner Plummer: That's fine. I'll move it.
Mayor Carollo: OK. This is an emergency ordinance that we're going to be reading.
Commissioner Plummer: Well, I'm assuming this one is coming under the 42.8 also, or as a
different?
Chief Warshaw: Yes. It's a Code change. So...
Commissioner Plummer: My question is, we have four of those. And you're saying the
pawnshop is the fifth.
Chief Warshaw: The pawnshop is part of this one.
Commissioner Plummer: Oh.
Chief Warshaw: In other words, it's one of... It's one of the items on the first ordinance change.
Commissioner Plummer: Is it 42.8 or one of the others?
i
Chief Warshaw: No, sir. It's in this one. It's 42.8, Section H.
Commissioner Plummer: OK. That's fine.
Mayor Carollo: Chief, do you need these as emergency ordinance so we can move quickly
ahead?
Chief Warshaw: Yes, sir, we do.
Mayor Carollo: That's what I'd prefer to do also.
NOTE FOR THE RECORD: At this point, the proposed ordinance
amending the City Code, ection 42-8(H) was temporarily tabled.
56 December 12, 1996
------------------------------ ---------------------------------------------------------------------------
23. AMEND SECTION 18-80 OF CODE, "AUTHORITY TO SELL" BY
DELETING REQUIREMENT THAT THE CITY MUST FIRST OFFER
SURPLUS PROPERTY FOR SALE AT APPRAISED VALUE TO METRO
DADE COUNTY AND SCHOOL BOARD. (See label 21)
Mayor Carollo: Now, before we take this item, we have to go back to the last one, amendment
to City Code Section 18-80 and read the ordinance on it. Call the roll, please.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING SECTION 18-80 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"AUTHORITY TO SELL" THEREBY DELETING THE REQUIREMENT THAT
THE CITY MUST FIRST OFFER A SURPLUS PROPERTY FOR SALE AT ITS
APPRAISED VALUE TO METROPOLITAN DADE COUNTY AND THE DADE
COUNTY SCHOOL BOARD; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
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 J.L . Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Hernandez, adopted said ordinance by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11422. t
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.
f.
57 December 12, 1996
----------------------------------------------------------------------------------------------------------------
24. EMERGENCY ORDINANCE: AMEND SECTION 42-8.1(b), SPECIAL OFF -
DUTY POLICE SERVICES ADMINISTRATIVE FEE -- EXTRA
NEIGHBORHOOD PATROL. (SEE LABEL 22)
Mayor Carollo: OK. We're back to Section 42-8.
Commissioner Plummer: Move it.
Mayor Carollo: Moved by Commissioner Plummer.
Commissioner Plummer: I have... Go ahead. Are you going to second?
` Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Hernandez.
Commissioner Plummer: All right. Under discussion.
Mayor Carollo: Under discussion.
Commissioner Plummer: Chief, I spoke to you before about the problem existing about the
surcharge where you have in my particular neighborhood, you have a policeman working four
hours in the morning and four hours in the afternoon, and you're charging two surcharges for an
eight -hour work.
Chief Donald Warshaw (Chief of Police): Right. That's the next item, Commissioner.
Commissioner Plummer: OK.
�. Mayor Carollo: Can you read the ordinance?
{
Commissioner Plummer: No, that's this ordinance, three dollars ($3)...
Mayor Carollo: Yeah, this one here. I'm asking the City Attorney, before we vote on it.
t
A. Quinn Jones, III, Esq. (City Attorney): Yes. This is the one amending Chapter 42, Chief?
Chief Warshaw: Yes. The next one...
Mayor Carollo: Right, 42-8.
Commissioner Plummer: Well, wait a minute. I need an answer.
Chief Warshaw: ... is 42-8.1.
Commissioner Plummer: I need an answer. Did you modify it to where it's for a 24-hour
period, the administrative fee?
Chief Warshaw: All right. We're recommending, Commissioner, a three dollar ($3) per hour -
all right? - surcharge, as opposed to an eight or a ten dollar ($10) per job surcharge, one being
58 December 12, 1996
IN
for a temporary job, one for a permanent. The reason for this is the exposure to the City is
obviously a lot greater in an eight- or a ten-hour job, and the person who hires us for an eight- or
a ten-hour job is paying eight or ten dollars ($10), as is the person who is hiring us for a three-
hour job. This cost goes to cover the City's cost of liability, uniforms, use of the radio, the use
of the car, and it's user fee based, and I think it's more equitable and fair if you go across the
board.
Commissioner Plummer: I've got some problems with this one, I've got to tell you, and let me
tell you why I've got problems. You're saying that in an eight -hour shift of my neighborhood
that you're going to charge them twenty-four dollars ($24) in surcharges.
Chief Warshaw: Correct.
Commissioner Plummer: What you're technically doing is eliminating that man, because the
neighbors will not kick in the money. And, you know, I hate to say it on the record, but that
policeman is there because of the people feeling they don't have adequate protection.
Chief Warshaw: And, Commissioner, I understand that. The previous Administration also
changed the policy on the use of the vehicle charge, which was another charge over and above
that, and we have not been charging for the use of the car. So this three dollars ($3) per hour per
officer covers the use of the vehicle, the radio, the uniforms, and, of course, the liability to the
City for having an off -duty officer out there that the City has full responsibility for.
Commissioner Plummer: What do you anticipate this amount of money to raise?
Chief Warshaw: Three hundred thousand per year additional.
Commissioner Plummer: I... I...
Mayor Carollo: Well, we have a motion and we have a second.
Commissioner Plummer: Yeah. I made the motion, Joe, but I'm concerned... You know, they
in the south end of the Grove, I think the south end of the Grove has a policeman there like -
what? - 12 hours or what a day, seven days a week? Now, is this going to financially say, "Hey
guys, you can't do it anymore"?
Mayor Carollo: How much does Metro charge, Chief?
Chief Warshaw: They're on the same system, on a per -hour charge. And in the Grove and in
other places, we waived last year the vehicle charge. So what this does is it picks up at least a
little bit of the vehicle charge.
Commissioner Plummer: You know, if you were to tell me that this is to be applied towards
special events and anything other than the protection of homeowners, I would feel a lot more
comfortable. But where you're possibly going to have and eliminate on homeowners the extra
protection that they're paying for, who are willing to put their money where their mouth is, I got
a problem, Chief.
Chief Warshaw: Commissioner, if you would like to amend this to exclude - all right? - the
hourly charge for residential use, where the individual neighborhoods are in effect...
Commissioner Plummer: Yeah.
Chief Warshaw: ... by virtue of using us for patrol, and then just apply this to jobs that are
businesses or other events...
59 December 12, 1996
r
Commissioner Plummer: Other than homeowners, yes. I...
Chief Warshaw: I have no problem with that.
Commissioner Plummer: That, I'm comfortable with.
Commissioner Gort: Well, my understanding, J.L., is not to eliminate it completely, but to have
a flat fee.
Commissioner Plummer: Whatever they're paying now is fine.
Mayor Carollo: Well, how much...
Commissioner Plummer: And that flat fee is what now?
Chief Warshaw: It's eight dollars ($8).
Commissioner Plummer: OK. Then that's what they would pay.
Mayor Carollo: What area of your neighborhood, J.L., are they patrolling?
Commissioner Plummer: Joe, this particular... There's two areas involved. One...
Mayor Carollo: Bay Heights.
Commissioner Plummer: No. Well, Bay Heights is one, and my... You know where my house
is. That's the second one.
Mayor Carollo: Right. Do you all pay in the neighborhood, everybody?
Commissioner Plummer: Yes, sir, we pay.
Mayor Carollo: How much do you pay?
Commissioner Plummer: No, the... No, no, excuse me. We do not pay personally. We're going
to, because there is a proposal right now between the homeowners to pay two hundred and sixty-
two dollars ($262) a year.
Mayor Carollo: Each homeowner.
Commissioner Plummer: Each homeowner, up to six hundred and forty dollars ($640) a year,
depending on the amount.
Mayor Carollo: 5o if we approve the ordinance the way the Chief has it, then you'd be paying
more.
Commissioner Plummer: Potentially, yes. We're not paying...
Mayor Carollo: OK.
Commissioner Plummer: Excuse me. We're not paying now, because this is the money that
came from Mercy Hospital.
60 December 12, 1996
„v U"O")
Mayor Carollo: OK.
Commissioner Plummer: And what is being used is the interest off that money to, in fact,
provide. Now, what we're talking about here is, hopefully, before this Commission, in the next
six months, is going to be the homeowners asking to create a special taxing district.
Mayor Carollo: Right.
Commissioner Plummer: I just think that we ought to take...
Commissioner Gort: Ten dollars ($10), flat fee.
Commissioner Plummer: Huh?
Commissioner Gort: Ten dollars ($10), flat fee.
+; Chief Warshaw: If I could make a suggestion, Mr. Mayor.
Commissioner Plummer: Ten dollars ($10), flat fee, is fine.
Commissioner Gort: Ten dollar ($10) flat fee.
Chief Warshaw: Ten dollar ($10) flat fee for residential patrol use only.
Commissioner Plummer: That's fine.
Chief Warshaw: Not private parties, or where you...
Commissioner Plummer: No, no, no. That's a special event, in my book.
Chief Warshaw: I think that's a good idea.
Commissioner Plummer: If my colleagues can live with that, I can live with it. I'll move it as
such.
Chief Warshaw: And Mr. Mayor, we do have some other neighborhoods who have approached
us about similar kinds of opportunities for them, where they could raise money as a
neighborhood and hire off -duty patrol.
Mayor Carollo: Yeah. That's fine. We will go along with the J.L. Plummer amendment.
Commissioner Plummer: Yes, fine.
A. Quinn Jones, III, Esq. (City Attorney): Is this a regular ordinance or emergency ordinance?
Chief Warshaw: They're all emergencies.
Mayor Carollo: This is an emergency... emergency ordinance.
Mr. Jones: OK.
Commissioner Plummer: The only question I have is, on police escorts for funerals where
they're only 30 minutes, do I get a buck and a half back?
61 December 12, 1996
r
.,.
Unidentified Speaker: There's a three-hour minimum.
Chief Warshaw: Right, he knows that.
Mayor Carollo: Call the roll, please.
An Ordinance entitled -
AN EMERGENCY ORDINANCE, AMENDING SECTION 42-8.1 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SPECIAL
OFF -DUTY POLICE SERVICES", THEREBY INCREASING THE
ADMINISTRATIVE FEE FOR A SPECIAL POLICE SERVICES; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
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 J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Hernandez, adopted said ordinance by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
L - Mayor Joe Carollo
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11423.
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.
62 December 12, 1996
0
------------------------ ----------------------------------------------------------------------------------------
25. EMERGENCY ORDINANCE: AMEND CHAPTER 3.5, ARTICLE 11 OF
CODE,
"ALARM SYSTEMS, BURGLARY AND ROBBERY ALARMS" --
AMEND SECTIONS 3.5-23/3.5-24/3.5-27, PROVIDING FOR FEE
ADJUSTMENTS FOR ALARM PERMITS AND FALSE ALARM SERVICE
CHARGES -- FURTHER, CONSIDER SURGES IN ELECTRICITY WHICH
SET OFF ALARMS -- ALSO, CONSIDER LIEN ON HOUSES WITH
REPEATED FALSE ALARM REPORTS.
----------------------------------------------------------------------------------------------------------------
Chief Donald Warshaw (Chief of Police): The next item is the ordinance that would amend the
private property towing administrative fee from five dollars ($5) to fifteen dollars ($15), a ten
dollar ($10) increase. And this is where we would be, in effect, towing cars from private
property, shopping centers, parking lots. We discussed that on Saturday.
Commissioner Plummer: I'll move it.
Mayor Carollo: OK. There's a...
A. Quinn Jones, 111, Esq. (City Attorney): Hold on a second, Commissioner.
Commissioner Plummer: Wait a minute, hold on.
Mayor Carollo: Didn't we miss one here?
Unidentified Speaker: Yeah.
Commissioner Plummer: Yeah. That's... I said we're reading from a different book here.
Mayor Carollo: The fees and fines for alarm systems.
Unidentified Speaker: Yeah.
Commissioner Plummer: What's our problem?
Mr. Jones: Clarify. Mr. Clerk, did the Commission take a vote on the ordinance dealing with
departmental service fees?
Mayor Carollo: Yeah, 42...
Mr. Walter Foeman (City Clerk): Yes.
Mr. Jones: We did 42.8.1.
Mayor Carollo: Yeah, we did 42.8. Right?
Mr. Foeman: Right.
Mr. Jones: We did 42.8 as well?
63 December 12,1996
Commissioner Plummer: And that did include the pawnshops.
i
j Chief Warshaw: Yes, sir.
Mayor Carollo: It did. Then we did 42 and now we should be in Chapter 3-5.
Mr. Jones: OK.
Commissioner Plummer: Three point five.
Mayor Carollo: Three point five of the Code.
Commissioner Plummer: OK. Chief, on 3.5, I've got a problem. Number one, I don't think that
I or anybody else that doesn't have an alarm in the twelve-month period should get off scot free,
OK? It cost the City money to process those permits, and I'm more than willing to pay the
twenty-five dollars ($25) for that service. So I think that that's one area. Now, my real area of
concern, and you know it, and I know it, that you have a lightning thunder storm, your board
looks like a Christmas tree. And I don't know how anybody can straighten out burglar alarms
that that doesn't happen. And it's not the fault of a faulty alarm system. I'm just wondering...
consideration being given to what is normally referred to as acts of God. No, I'm saying, you
have a surge of electricity and it will set off alarms. You have an electrical storm, it will set off
alarms. And is it fair that people should be charged for something that was not in any way
within their control? The other area of concern that I have is the departmental policy that says
you will respond every 30 minutes and write another FA (false alarm) report. Is it 30 minutes or
an hour?
Chief Warshaw: We don't do that anymore. It was rescinded the last time.
Commissioner Plummer: And then how many times will you respond if the thing is running 24
hours? The point I'm trying to make is, the way this ordinance is run, it could, in fact, become
its total limit in one day.
Chief Warshaw: There's a lot of individual officer discretion. If the alarm is going off
continuously, the officer will get on the radio and notify communications not to send anyone
because it's going off continuously. This is all part of the big problem we've got with alarms. I
mean, this is tying us up 40,000 times a year.
Commissioner Plummer: I understand that.
Chief Warshaw: Ninety-eight percent of the time, false alarms.
Commissioner Plummer: All right. I have two other areas of concern. Number one - the next
one, not number one - the next area of concern, you spoke about going to the private sector.
Chief Warshaw: Yes, sir.
Commissioner Plummer: Are you still of that feeling, that that would be feasible?
Chief Warshaw: Yes, I am.
Commissioner Plummer: And then am I to expect that in the very near future, like within the
next 90 days that you will be coming back to this Commission with legislation to enact?
Chief Warshaw: Yes. We're going out to RFP (Request for Proposals). We've already made
some preliminary inquiries with companies who have been talked to about providing the services
64 December 12, 1996
r
for other police departments, and I know firsthand that other agencies in the country are getting
out of the alarm business altogether. And I think I explained to you what they're doing is taking
this revenue stream, directing it toward the private vendor, letting them, in effect, use that
revenue to be the responding agency, and they would be the ones first on the scene, make a
determination if there is a legitimate break, and then they would call us. And based upon their
call to us, those would be the calls we'd be responding to, which, in effect, would be two
percent, rather than the 98 percent.
Commissioner Plummer: My final question is really to the Legal Department. Mr. City
Attorney, no response that this provision... This ordinance says that after so many responses that
ti are false, that they will not respond. Have we got a legal problem there?
Mr. Jones: No, I don't think so. I think we've put them on notice as to what the policy is and...
Commissioner Plummer: Well, I guess... I draw a "siloquy," OK?
Mr. Jones: Mm-hmm.
Commissioner Plummer: If I call and six people call about my house being broken into, they're
going to respond.
Chief Warshaw: That's correct.
Commissioner Plummer: If ten people call ten different times - ten different times - and they're
going to respond.
Chief Warshaw: That's correct.
Commissioner Plummer: OK. Whether it's not... necessary or not, is not the determining factor.
They will respond. Yet, after the seventh of the alarms, they're going to go into a no response
mode. I think we've got a problem. I'm just asking on the record that you're saying that when
an alarm goes out, well, hey, fine. If they're breaking in, that's OK, but we're not going to
respond. And I seriously question whether we have a legal, legal problem there. OK?
Commissioner Gort: Let me ask a question. You're talking about per response, not per call.
Chief Warshaw: Per response.
Commissioner Gort: In other words, you can get ten calls on one alarm, but you're going to
consider response, not the ten calls.
Chief Warshaw: Correct.
Commissioner Plummer: Say that again?
Commissioner Gort: We're talking about if someone makes ten calls...
Commissioner Plummer: Yeah.
Commissioner Gort: ... for one incident, the ten calls will cancel automatically the chief
enforcement. What I'm asking is, are you going by ten calls or are you going by events.
Commissioner Plummer: No, no, no.
65 December 12, 1996
Chief Warshaw: Right. In the alarm ordinance, it's by response. You're right. If ten people
called us...
Commissioner Plummer: That's the point I'm trying to make, Willy.
Chief Warshaw: No, but if ten people called us about someone...
Commissioner Plummer: Not the same alarm, on the same day, and the same time. OK?
During the period of a month, or a year, which is the qualifying time factor here, that if you had
ten people call for whatever reasons, and it was false, you don't charge, and there's no action
j of... no response.
Chief Warshaw: Commissioner, I guess the answer to that is the reliability of a human being
calling and telling us that there's a break is a lot greater than these electronic devices, which 98
percent of the time are false alarms.
Commissioner Plummer: I hear you. I hear you.
Chief Warshaw: I understand your point, though.
Commissioner Plummer: I'm merely trying to establish on the record of a call being received by
the Police Department from a monitoring company, which it has to be, and you're telling that
monitoring company, no response. I wonder what happens on the listening devices of burglar
alarms when they say, "Hey, I hear the guy in the back room." And you're going to say, "No
response."
Chief Warshaw: If, after the sixth time, the citizen gets a certified letter to us saying that the
alarm company has inspected and says that the alarm is working, we will then continue to
respond. We're putting a bigger burden on the citizen.
Commissioner Plummer: Chief, let me tell you something. How I would prefer, raise it to two
hundred dollars ($200). So notify them after the sixth or the seventh thing. And then after a
certain period of time, if they don't pay within a 45-day period, put a lien against their place.
But I just don't... I can't envision that somebody is going to call the Police Department, the
monitoring company, and say there's an alarm going off, and you're going to say, "Well, I'm
sorry, we're not going to go." That's tough for me to accept, I want to tell you. Hey, make it
expensive, make... You know, whatever you want.
Mayor Carollo: We need to bring this to a head, Commissioner.
Commissioner Plummer: OK. Hey, Joe, all I'm saying is the City Attorney has said there's
nothing legal. I think it's wrong. I'll vote for it because it is an increase in the fees, but I think
we need to go a step further.
Mayor Carollo: Mr. Manager.
Mr. Edward Marquez (City Manager): Mr. Mayor, just for the record, the matrix plan
envisioned revenues by this ordinance of four hundred thousand in fiscal '97 and four hundred
and eighty thousand in fiscal '98. And since we're using this thing as a base line, I want to put
everything on the table. At the time that the thing was compiled, I do not believe - and I get
clarification from the Police Department - I do not believe that what was contemplated was this
RFP out for having a private service to free up police man-hours by answering to these calls.
That cost of the private service will eat into these dollar amounts, and it will... absolutely, that
will free up police time. So that's something I want to put on the table, and I want the Chief to
explain that a little bit more so that you have the full picture.
66 December 12, 1996
M
r
Mayor Carollo: That's true, but that's only a suggestion right now. That doesn't mean that we'll
end up doing it. And if we do, if we do have to put it for an RFP, then I doubt it if we're going
to implement it until next fiscal year.
Chief Warshaw: And one of the other reasons, Mr. Mayor, for the increase, is based on our
preliminary evaluation of this. The revenue we take in now probably would not be sufficient,
you know, to hire a private vendor to do it. So the revenue stream would have to be increased so
we can get out of this alarm business all together.
Mayor Carollo: Yeah. Plus, frankly, Chief, this is something that I think would qualify under
some of the funds that you'll be getting from some other areas, where we would not even have to
consider in the general fund, if you wanted to go to a private service. Now, that would be
something that's new, different, not in the general fund.
Chief Warshaw: I understand.
i
Mayor Carollo: So I think if you want to deal with it, if you want to deal with it in that way,
you'll certainly have plenty of other funds that we can use in the general fund right now.
Commissioner.
Commissioner Plummer: I would hope that they will pursue this aspect of no response by
adding of additional fees or whatever.
Commissioner Gort: I was going to suggest that.
Commissioner Plummer: And... Because I just really... OK?
Chief Warshaw: We'll look at it.
Mr. Marquez: We'll contemplate on bringing back an amendment to this ordinance in the future
to address that.
Commissioner Plummer: Fine, fine.
Mayor Carollo: Commissioner Gort.
Commissioner Gort: Rather than not respond, double the fee, as the sixth.
Commissioner Plummer: That's it. Give them 45 days to pay. If they don't get a lien. We'll
pass what's here now. OK? That, we're going to pass.
Mayor Carollo: Yeah, let's pass what's here now so we can start getting some additional dollars
in hand, and then we can come back and amend it for more, if we want. Is there a motion?
Commissioner Plummer: I moved it, didn't I?
Mayor Carollo: Moved by Plummer, second by Gort. Can you read the ordinance? Call the
roll.
67 December 12, 1996
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING CHAPTER 3.5, ARTICLE II, OF
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"ALARM SYSTEMS, BURGLARY AND ROBBERY ALARMS", BY
PROVIDING FOR ADJUSTMENTS IN FEES CHARGED FOR ALARM
PERMITS AND FALSE ALARM SERVICE CHARGES; MORE
PARTICULARLY BY AMENDING SECTIONS 3.5-23, 3.5-24, 3.5-27, AND 3.5-
29; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Plummer and seconded by Commissioner Gort, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Gort, adopted said ordinance by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11424.
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.
68 December 12, 1996
----------------------------------------------------------------------------------------------------------------
26. EMERGENCY ORDINANCE: AMEND CHAPTER 42 (SEC. 42-8) OF CODE
ESTABLISHING FEES FOR SPECIAL DEPARTMENTAL SERVICES:
RECORD CHECKS/ACCIDENT REPORTS/ MISCELLANEOUS
DOCUMENTS/ LOST & FOUND PROPERTY/ POLICE INSPECTIONS/
TRANSACTION FORMS BY PAWN SHOP DETAIL. (See label 22)
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, before you go further, this is why I... I
had mentioned to the Clerk that you had discussion on this, but you didn't take a vote. That was
on amending Section 42-8, relating to special departmental services and fees.
Mayor Carollo: He said that we did.
Mr. Jones: You didn't take...
Mayor Carollo: You said that we did.
Mr. Walter Foeman (City Clerk): No, that hasn't... No, we didn't, Mr. Mayor.
Mayor Carollo: We did not? OK. Then you're correct on your statement before. OK, let's go
back, then.
Mr. Jones: Now, one point of clarification. In your discussions, you mentioned amending
Subsection G. I don't think it's clear as to whether that's the consensus of the Commission or
not. That was the section dealing with a hundred dollar ($100) charge for lost/found property.
Chief Donald Warshaw (Chief of Police): I think we amended that to be everything over a
hundred dollars ($100).
Mayor Carollo: I'm satisfied with that, Chief. OK. And we had a motion and a second on
Section 42-8. Can you call the roll then?
Mr. Jones: Let me read the ordinance.
Mayor Carollo: Call the roll.
An Ordinance entitled -
AN EMERGENCY ORDINANCE, AMENDING SECTION 42-8 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "SPECIAL
DEPARTMENTAL SERVICES; FEES," THEREBY ESTABLISHING THE FEES
THAT MAY BE CHARGED FOR SPECIAL DEPARTMENTAL SERVICES;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
69 December 12, 1996
r
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 J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
i
i NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Hernandez, adopted said ordinance by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
" SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11425.
i
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.
4
--------------------------------------------------------------------"-------------------------------------------
27. EMERGENCY ORDINANCE: AMEND CHAPTER 42 OF CODE
ESTABLISHING MAXIMUM TOWING RATES TO BE CHARGED BY
BUSINESSES RECOVERING/ TOWING/ REMOVING/ STORING MOTOR
VEHICLES PARKED IN PRIVATE PROPERTY ILLEGALLY -- AMEND
SECTION 42-80, MAXIMUM TOWING AND STORAGE RATES.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Now we're back to Chapter 42 of the Code.
Chief Donald Warshaw (Chief of Police): Mr. Mayor, I just wanted to clarify. On 42-80, which
was the storage fees, was that voted on? Because I know...
Mayor Carollo: Yes. That's the one we just voted on.
"
Commissioner Plummer: That's the one we just voted on.
Chief Warshaw: No. 42-80...
i
}
70 December 12, 1996
Mr. Jones: Towing.
Chief Warshaw: ... which was increasing the towing charge from five to fifteen dollars ($15) on
private property.
Mayor Carollo: No, no.
Mr. Walter Foeman (City Clerk): No, we haven't voted on that.
Chief Warshaw: That's what I thought.
Mayor Carollo: Yeah. This is the one we're doing now. I'm sorry.
Chief Warshaw: OK. And that's the one I thought I... OK, we'll go back. I thought I explained
it. Anyway, that's the one where we're going to increase the fee from five to fifteen dollars
($15) for private property tows from places like shopping centers, parking lots. It's an
administrative fee charge.
Commissioner Plummer: And that's whether they're called by the police or by the property
owner?
Capt. J. Longueira (Police Planning Unit): Called by the property owner, not by us.
Chief Warshaw: Not by us.
Commissioner Hernandez: Chief, what's the County charging for that these days?
Chief Warshaw: I think it's the same, but I'm not 100 percent sure.
Mayor Carollo: It should be the same.
Chief Warshaw: Right.
Mayor Carollo: OK. Is there a motion on this?
Commissioner Plummer: Yeah, I'll move it.
Commissioner Gort: We're not going to involve the County; am I correct?
Mayor Carollo: Moved by Plummer.
Commissioner Hernandez: Second.
Mayor Carollo: Second by Hernandez.
Commissioner Plummer: Well, let's just... let's attach that to the motion, that this fee shall not
exceed the County fee.
Chief Warshaw: That's fine.
Mayor Carollo: OK. Well, it's the same thing, so it doesn't matter. Can you read the ordinance,
please? Call the roll.
71 December 12, 1996
r
An Ordinance entitled -
AN EMERGENCY ORDINANCE, AMENDING SECTION 42-80 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MAXIMUM
TOWING AND STORAGE RATES", THEREBY INCREASING CITY
ADMINISTRATION FEES FOR PRIVATE PROPERTY TOWING;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
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 J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Hernandez, adopted said ordinance by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11426.
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.
----------------------------------------------------------------------------------------------------------------
28. BRIEFLY DISCUSS /TABLE TO AFTERNOON, CONSIDERATION OF
FOUR PROPOSED POCKET ITEMS (EMERGENCY).
Mayor Carollo: What other items do you have?
Mr. Edward Marquez (City Manager): Mr. Mayor, you have another packet with four
emergency pocket items. It's the thing one that was delivered late.
72 December 12, 1996
Mayor Carollo: Yeah, this is the same one...
Commissioner Plummer: That's the one at eight -fifteen this morning?
Mr. Marquez: Yes, sir. We workaround the clock.
Commissioner Plummer: Mr. Mayor, I want to tell you something. Please, put it off until this
afternoon. I have not read it, and I am not going to vote on anything... I don't want to invoke
the rule, OK? But I want the right to read that before I vote on it, and I should have that right.
Mayor Carollo: OK. Commissioner, you'll have that. We'll bring it back in the afternoon.
Commissioner Plummer: Absolutely.
Mayor Carollo: Now, do you want to do the same with all four of them or...
Commissioner Plummer: The four that he brought me at eight -fifteen this morning.
Mayor Carollo: OK, the four. All right. We'll... They're in the package here, somewhere in
there.
Unidentified Speaker: Here's your package.
Commissioner Gort: Thank you.
Mayor Carollo: We'll bring those back in the afternoon.
Commissioner Plummer: Fine. I can read them over the lunch period.
Mayor Carollo: Mr. Manager, please make sure that you bring it up before this meeting is over.
Mr. Marquez: Yes, sir.
Mayor Carollo: We need to get those through.
73
December 12, 1996
29. FIRST READING ORDINANCE: DECLARE SIX MONTH MORATORIUM
ON ASSESSMENT OF ADDITIONAL FEES FOR RESIDENTIAL PROPERTY
APPLICATIONS PURSUANT TO CODE SECTION 62-61(4), WHERE
APPLICANT SEEKS TO CORRECT VIOLATIONS TO ZONING
VARIANCES OR RESIDENTIAL BUILDING PERMITS FOR ADDITIONS /
ALTERATIONS-- FURTHER DIRECT MANAGER TO CONDUCT A
PUBLIC INFORMATION CAMPAIGN IN ENGLISH AND SPANISH TO
INFORM CITIZENS OF SAME.
Mayor Carollo: I'd like to bring one, since we're on the ordinances, and even though this is
handed out now as an emergency ordinance, I'd like to do it as a first reading. This is not one
that we must do in an emergency ordinance now. And this is an ordinance declaring a six-month
moratorium on the assessment of additional fees for residential property applications for zoning
variances, pursuant to the Code of the City of Miami, Florida Code 62-61(4) in circumstances
where the applicant seeks to correct a violation of City ordinances relating to failure to have
proper variances or residential building permits for the construction of concrete slabs, fences,
roofs, sheds, roof -covered terraces, additions or alterations, with variances still subject to
payment of applicable fees authorized by City Code Sections 62-61(1), (2) and (3), and
compliance with all other procedural requirements; containing a repealer provision and a
severability clause; and providing for an effective date. What we're doing here is making sure
that the City of Miami is going to be able to receive tens of thousands of additional dollars in
fees up front by having people come and declare additions that have been build already. At the
same time, we will place these additions in the tax rolls so that they can be paying taxes on a
yearly basis and bring the City of Miami additional income. This is something that I've
discussed with many, including representatives of the police union, fire union, and others, and
i they have all suggested and felt that this would be something positive that would bring the City
the revenues it badly needs now.
Commissioner Plummer: I have questions.
Mayor Carollo: This is on first reading.
Commissioner Plummer: I have questions.
Mayor Carollo: Absolutely.
Commissioner Plummer: First and foremost, I would assume this contains, Mr. Manager, that in
compliance would have to mean with the South Florida Building Code.
Mayor Carollo: Of course.
Mr. Edward Marquez (City Manager): Oh, absolutely.
Commissioner Plummer: That's understood. OK. There also has to be an inferred... You
know, I don't want someone to come and say, "OK, you're going to allow me to apply for a
variance without a fee for six months." What's got to be made known to that individual by doing
such, isn't an automatic approval of your project.
Mayor Carollo: They will have to pay the fee. The only thing is...
74 December 12, 1996
re
Commissioner Plummer: No, no, no.
Mayor Carollo: ... we're not going to hit them with the fines.
Commissioner Plummer: OK. But it's got to be known that they will go for a hearing.
A. Quinn Jones, III, Esq. (City Attorney): The regular process would still apply.
Commissioner Plummer: Well, OK. You know, there's going to be some out there saying,
i "Well, if you're waiving the fee and allow me apply for a variance, I'm going to come in, and
then I'm going to go through this procedure, and everything is going to be copacetic.
Mr. Jones: Commissioner, the ordinance is specifically clear that they have to go through the
necessary procedures to get the variance or whatever else.
Commissioner Plummer: OK.
Mr. Jones: The only thing that would be subject to the moratorium would be the penalty.
Commissioner Hernandez: Well, what penalties are we talking about? Code Enforcement fines?
What are we... What enhancement fees are we talking about, additional fees?
Mr. Jones: The other thing is the after -the -fact fee for the variance. That's what's being waived
during the period of the moratorium.
Commissioner Hernandez: That's it?
Mr. Jones: That's it.
Mayor Carollo: This is the same type of ordinance that was passed in Hialeah recently.
Commissioner Hernandez: Yeah. That spurred a lot of people to comply with the Code.
Mayor Carollo: That's correct.
Commissioner Plummer: And what is it actually going to cost us to do such? Has any estimate
been made? I mean, I realize we don't know how many people are going to come in and take
advantage of it. What did it raise in Hialeah, if they already used it?
Mayor Carollo: Well, they just recently implemented it, Commissioner. But as far as cost, it's
what it's going to bring to us, not what it's going to cost us. We have the personnel in place to
handle this.
Commissioner Plummer: Excuse me. It does cost, but your fees are only addressing the penalty,
not the fee for putting on the public hearing.
Mr. Carlos Smith (Assistant City Manager): As I understand it, that is correct. Only the penalty.
Commissioner Plummer: Only the penalty. OK.
Mr. Jones: What would also apply would still be the provision in the South Florida Building
Code, which would require double fees, in the event that they have forgotten to pull the proper
permits, so we'd still get that double fee or whatever.
75 December 12, 1996
1i
Commissioner Gort: My understanding is - and this is something that we discussed about a year
and a halt ago - this gives an opportunity to... Code Enforcement is already going into the
neighborhoods and finding a lot of these things. It's giving an opportunity to those people to
come voluntarily, because we are really enforcing the codes in all the neighborhoods. And if
they don't comply with this, and they don't come within the six months, when we fine them after
the six months, they're going to get a very harsh penalty.
Mr. Smith: They have to pay the penalty for asking for a variance after the fact
Commissioner Plummer: If you passed my thing about construction materials, you wouldn't
have this problem.
Commissioner Hernandez: Mr. Mayor, I have no problem with the ordinance. I think,
obviously, it will spur some people to come out and start complying with the Code. I think one
of the things I'd like to instruct the Manager, or request or recommend is that we do some kind
of informative advertising or something, because if not, we... The majority of the people that are
not in compliance obviously...
Mayor Carollo: I agree. I agree. I think that it should be done in the following way so that it
won't cost the City any additional monies. We should put it in English and Spanish in Net-9.
We should send flyers to the homes, and that could be done in different ways where it would
only cost us for the printing of the flyers. It would be minimal. And last but not least, we should
have people from the City Administration go to as many public service program announcements
that they can get on the different media as possible, including, hopefully, public service
announcements that newspapers would provide also, free of charge.
Mr. Marquez: And we can also hit the homeowners associations, Mr. Mayor.
Mayor Carollo: Certainly. OK. This will be on first reading.
Commissioner Hernandez: I move.
Mayor Carollo: It's moved by Commissioner Hernandez.
Vice Mayor Regalado: Second.
Mayor Carollo: Second by Commissioner Regalado. Can you read the ordinance?
Mr. Jones: You read it already, Mr. Mayor.
Mayor Carollo: Is that sufficient? OK. Call the roll, please.
Mr. Walter Foeman (City Clerk): This is on first reading, Mr. Mayor?
Mayor Carollo: First reading, yes.
76 December 12, 1996
at.
r
An Ordinance entitled -
AN ORDINANCE DECLARING A SIX (6) MONTH MORATORIUM ON THE
ASSESSMENT OF ADDITIONAL FEES FOR RESIDENTIAL PROPERTY
APPLICATIONS FOR ZONING VARIANCES PURSUANT TO THE CODE OF THE
CITY OF MIAMI, FLORIDA, CODE SEC. 62-61(4), IN CIRCUMSTANCES WHERE
THE APPLICANT SEEKS TO CORRECT A VIOLATION OF CITY ORDINANCES
RELATING TO FAILURE TO HAVE PROPER VARIANCES OR RESIDENTIAL
BUILDING PERMITS FOR THE CONSTRUCTION OF CONCRETE SLABS,
j FENCES, ROOFS, SHEDS, ROOF -COVERED TERRACES, ADDITIONS OR
ALTERATIONS, WITH VARIANCES STILL SUBJECT TO PAYMENT OF
APPLICABLE FEES AUTHORIZED BY CITY CODES SECTIONS 62-61(1), (2) AND
(3), AND COMPLIANCE WITH ALL OTHER PROCEDURAL REQUIREMENTS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Hernandez, seconded by Commissioner RegaIado, and
was passed on first reading, by title only, by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
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: Is that... Joe, you should identify. I think making it for starting the
` first of January, is that what you want to do? You've got to establish a time frame, I think.
Mr. Jones: No. This is for first reading.
Mayor Carollo: First reading.
Mr. Jones: It would be 30... It would be 30 days after you...
Mayor Carollo: Yeah.
i
idt
k
77 December 12, 1996
----------------------------------------------------------- ----------------------------------------------------
30. FIRST READING ORDINANCE: AMEND CHAPTER 53-86 OF CODE AS
AMENDED, ENTITLED "DOCKAGE RATES"-- REPEAL SECTION 2 OF
ORDINANCE 9251, WHICH ADOPTED A SCHEDULE OF FEES AT CITY
MARINAS.-- FURTHER, ASCERTAIN BEFORE SECOND READING IF
PROPOSED RATES ARE COMPARABLE TO DADE COUNTY'S AND IF
CAI SVENDSEN WOULD GO OUT OF BUSINESS AS A RESULT OF NEW
DOCKAGE FEES -- DISCUSS ELIMINATION OF DISCOUNT RATES TO
COMMERCIAL VESSELS -- PIER 5 BOATMEN AGREEMENT.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: The last items that we're going to be doing in the morning session, and
whenever we're finished, we'll break then, will be... 15 was withdrawn. We'll be doing 16.
Then just before we get into 17, the union representatives have asked me to deal with a proposal
that I have here that many of you have copies. It's only a proposal for discussion today. The
Commission will take final action on that before the end of the month. So let's proceed with 16.
Commissioner Plummer: Mr. Mayor, you will recall on 16, at the workshop, I was corrected,
and now it's nice to be right. And that is that there is a 40 percent discount on commercial
vessels, a 40 percent discount, and a 20 percent discount for City residents. And then there's a
third item. The third item was...
Ms. Christina Abrams (Director, Public Facilities): The increase in sight-seeing vessels?
Commissioner Plummer: The sight-seeing vessels, yes.
Ms. Abrams: And also the increase in commercial vessels rate.
Commissioner Plummer: Well, the... What I would suggest, as I said before at the workshop,
many cities give their City residents a break on different items and different things. Coral
Gables, I think, Venetian Pool, City residents are free. And I don't see anything wrong here. If
you want to give the City residents a break of, say, ten percent instead of 20. And then I think
we've got to change the commercial vessels from a 40 percent discount to some other number, or
an elimination of. What are you proposing?
Ms. Abrams: We propose eliminating the discount to commercial vessels entirely, and raising
i
the rate from 22 cents a linear foot to 38 cents a linear foot, which is comparable with private
and public marinas in Dade County. 4
Commissioner Plummer: All right. And in reference to the other?
Ms. Abrams: The 20 percent offered to City residents amounts to a hundred and forty-five
thousand five hundred and thirty-six (145,536) a year. The 40 percent discount offered to (.
commercial vessels amounts to one hundred and twelve thousand (112,000) a year. Sight-seeing
vessels, we propose to double the rate to cover the cost of the solid waste consumption, electrical `.
and water consumption from 40 cents to 80 cents for a total annual revenue of ninety-nine
thousand one hundred and twenty. An increase in rates of commercial vessels from 22 cents to
38 cents, comparable with the County, at an annual revenue increase of a hundred and sixteen
thousand seven hundred and sixty-two, for a total annual increase of four hundred and seventy-
three thousand four hundred and eighteen dollars ($473,418).
78 December 12, 1996
Commissioner Plummer: Have you figured out if you can cut the City residents from a 20
percent discount to a ten?
Ms. Abrams: It would be approximately a seventy thousand dollar ($70,000) annual savings.
Commissioner Plummer: Wow.
Mayor Carollo: Yeah. That would cut our...
Commissioner Plummer: Yeah.
Mayor Carollo: ... matrix by actually over seventy thousand dollars ($70,000).
Ms. Abrams: Correct.
Mayor Carollo: By over seventy thousand.
Ms. Abrams: One thing...
Mayor Carollo: So...
Ms. Abrams: Mayor, I'd like to...
Mayor Carollo: Yes, Christina, go ahead.
Ms. Abrams: One thing I want to point out is when we presented our projected revenues to the
task force, we omitted an item which is a 40 percent discount to commercial vessels. When we
discovered that item, we advised the Manager, which was late yesterday of this, and that's why
you have an increase of a hundred and twelve thousand.
Mayor Carollo: I'll be willing to listen to all opinions, but I'm making it clear, I'm going with
the matrix, what was recommended, that we eliminate a full 20 percent, and that we increase the
sight-seeing to the amounts stated in the matrix.
Ms. Abrams: And also, we could eliminate the 40 percent discount to commercial vessels
Mayor Carollo: Absolutely. And from 40 to 80.
Ms. Abrams: Right, right. There is a discount that's offered... Well, there's a discount available
in the Code that is not used, but I would also like to eliminate it, so it doesn't offer any additional
loss of revenue. And that is...
Mayor Carollo: Now is the time to do it, Christina.
Ms. Abrams: OK. That's a 30 percent discount to Watson Island Marina patrons. And that has
been on the books for years. It is not utilized, because most people find the 40 percent discount
for commercial vessels more advantageous. We'd like to eliminate all discounts.
Commissioner Plummer: Wait a minute. Hold on. You've got an agreement with the Pier 5
Boatmen.
Ms. Abrams: Correct.
Commissioner Plummer: And you can't violate that agreement.
79
December 12, 1996
Ms. Abrams: This will not affect the agreement. The rate is still... The rate will still increase
for the Pier 5 Boatmen agreement.
Commissioner Plummer: I thought they had a guaranteed rate.
Ms. Abrams: No, they don't.
Commissioner Plummer: OK.
Mayor Carollo: OK. Let me open it up to discussion of the Commission with staff first, and
then I'll let the public speak. Commissioners, do any of you have any further questions of Ms.
Abrams?
Commissioner Plummer: I just... A final question, really, for the record, more than anything.
You're saying that this which is proposed is comparable to other marinas in the area?
Ms. Abrams: We conducted an exhaustive survey of all private and public marinas in Dade
County. And we found our rates to be comparable to all marinas. Our current rates are below
that of Dade County for commercial vessels. And also, no other marina in...
Commissioner Plummer: Excuse me. Christina, I'm not talking to our current rates. The
proposed rates that you're asking me to vote on, are competitive with other marinas in the
private sector?
Ms. Abrams: Yes. Yes.
Commissioner Plummer: Thank you.
Vice Mayor Regalado: This would... When... become effective in January?
Ms. Abrams: Well, the rates will become effective when the mooring and dockage agreement
expires for each individual vessel, with the exception of the Pier 5 Boatmen's agreement, which
goes into effect immediately 30 days upon adoption of the ordinance, and also, a couple of other
unique cases that are settlements. For all other vessels, it will be when the mooring dockage
agreement expires, which expires on an annual basis.
Mayor Carollo: Any other further questions?
Commissioner Plummer: No. Go to this gentleman, see what he has to see. Obviously, he is a
boat owner.
Mayor Carollo: OK. Go ahead, sir. Name and address for the record, please.
Mr. Cai Svendsen: Yeah. Good morning. My name is Cai Svendsen. I reside at 3803 Little
Avenue, in South Grove. I've been a resident of the City of Miami since 1956, and I am the
principal and owner of the Castle Harbor Sailboat Rental across the parking lot. Ms. Abrams'
suggestion, I believe I'm included in that rent increase?
Ms. Abrams: You are included. You're in the commercial vessel.
Mr. Svendsen: And you expect me to go from 22 cents to 38 cents; is that correct?
Ms. Abrams: Comparable to Dade County, yes.
.X
December 12, 1996
r
Mr. Svendsen: The commercial guys at. Crandon pay 28 cents.
Ms. Abrams: Not according to Dade County's information. Commercial vessels pay a flat rate
of four hundred dollars ($400) per month, and it is based on average square footage... average
linear footage of 35 feet.
Mr. Svendsen: Yeah, well, my friend who runs a fishing boat over there at Crandon has a 50-
foot slip, and his rate is 28 cents. But be that as it may, Castle Harbor has been there since
1949. We operate on a very, very slim basis. Any increase will put me out of business. I'm not
imagining this. I'm not crying wolf. This is a fact. I employ people. I have several full-time
jobs. I have four sailing instructors. There are a lot of small companies that depend on me, the
marine resources in the neighborhood, the sail makers, and the painters, and the boatyard. My
fees are at the top of the limit. I cannot pass on anything to my customers. It currently costs
fifty-two dollars ($52) to take a sailboat out for two hours. That's more than a Dolphin ticket,
and that's right at the limit. My instruction prices are two hundred ninety-five dollars ($295) for
learn to sail. That's a hundred dollars ($100) more than Shake -A -Leg offers down the street,
who is... they don't pay any rent down there. There's no way I can exist with a rent increase. If
the rate goes up, I will be out of business. The place next door to me went bankrupt about a
month ago at the old rate. And it just seems intolerable to me. I can demonstrate this to you. I
am not a high -salaried person. I drive an old car. I don't make a lot of money. It seems
unconscionable to me that... If I go out of business because of a hurricane, that's one thing. But
if I go out of business because I'm voted out by the very people I elected to office, I have a very
difficult time with that. Please reconsider before you put me and my employees out on the
street. Thank you.
Mr. Edward Marquez (City Manager): Mr. Mayor.
Commissioner Plummer: Why is there such a dead silence?
Mayor Carollo: I'm trying to read the letter that he gave us.
Mr. Marquez: What we're asking... What we're asking is for a competitive rate at the marinas.
As you know, we're all dialing for dollars for purposes of our fiscal budget.
Commissioner Plummer: Did I just hear the gentleman say that they are not competitive? That's
the question I have.
Mr. Marquez: That's contrary to the information that our staff has garnered directly from Dade
County.
Ms. Abrams: Directly from the County.
Commissioner Plummer: OK. Then... You want to speak?
Mr. Mariano Cruz: Yeah, I want to speak, too. Mariano Cruz, 1227 Northwest 26th Street,
Allapattah, City of Miami for the last... 1962. I mean, 34 years. And the dockage fee, I received
some information, too, here from mine, and it's a lot of complaints. And like things happen at
the Watson Marina, and the City if not even collecting dockage fee there already. So I don't
now what's the sense of erasing away a certain amount, because 100 percent of nothing is zero,
still. And I see like the "GULFSTREAM FALCON" brought some pies and do whatever they
want there, and nothing is done. On the contrary, they go and harass the employees. If the
employee wants to save his obligations to the City, try to get the money for the City, whatever.
So that's what the City does sometimes, the administrators and that, thinking that people only
81 December 12, 1996
I
work in the City, they cannot make a living if they get fired from the City. Because I, like me, I
have been working in this country, maybe 15 different jobs. So and I still live. I still have
breakfast today. I'm going to have lunch later. I still have money in my pocket. And I have the
paper here. You got copies of these, too. But I am going to put it as a matter of record there,
that the "GULFSTREAM FALCON" there, they broke the pilings because it was... The boat is
21 feet, and the slip is 17 feet only. So he broke the pilings, because he to do
that. So now what they're going to do? And I say, the ship, they race it in Baltimore. They
make a lot of money with a party on that, and I think we should get some of that money.
They're going to use that Bayfront, Bayfront Park, I mean Bayfront, that we got, let them pay
money. Otherwise, they can go to Homestead, Bayfront Park, or some other park. But they
want Miami, they want that, let them pay for it. So what I see good on racing, racing... The
dockage fee is up to the point, and let's see what we're doing now. We're not even enforcing
our rules here. I have more names here. I am going to give this to the press. All right. Thank
you.
Commissioner Plummer: Well, Mariano...
Commissioner Gort: So what you're saying is that some people are not paying their dockage fee
and so on?
Mr. Cruz: Yeah. The people are complaining. Check on that. The people that been working,
living there, living here in Dinner Key Marina, that live there, and they don't pay anything. And
they use the water, the electricity, everything that we pay. And, you know... You know that the
City is renting, because I deliver bills from the Miami Outboard Club, a lot of bills. Because
nobody in my neighborhood owns a boat that's 100 feet or 50 feet long, to be able to be...
Maybe they own a little kayak or something, or one of those plastic thing, but they don't any big
yachts or anything. Do you know anybody there in the neighborhood, Willy, that owns a boat,
big boat?
Commissioner Gort: Twenty-footer, 24.
Mr. Cruz: Ah, "bueno," but not 50, 100 feet.
Ms. Abrams: Mayor and Commissioners, would you like me to answer that on the record?
Mayor Carollo: Yeah. Christina.
Ms. Abrams: All right. There are two issues he referred to. One is that there are some vessels
that are not paying, and the other one is that there was an accident that occurred at Watson Island
Marina, which the boat owner did not pay restitution to the City. To answer the first issue, we
have a collection process in place, and we have collected all fees. There are two exceptions; one
that I know of on hand, and the other one, I'll let the Marinas Manager answer. We have a
tenant there who has not paid for three years. That matter is in the Legal Department's hands.
We are in the process of evicting this tenant. This tenant has three slips, to the best of my
knowledge, so that is a significant impact on our revenues for that facility. But at this point,
we're working closely with the Law Department and it is our intent to evict. And I'll let the
Marinas Manager, Raul de la Torre, answer the question regarding the pier.
Commissioner Plummer: Well, I would hope, Christina, you would tell me that you're working
just as hard on collecting the money he owes as you are in evicting.
Ms. Abrams: Right now, it's with the Law Department, and one of the settlement... We're
negotiating a settlement. I don't know if I should discuss it freely.
82 December 12, 1996
En
AF4
ar,
Commissioner Plummer: Why do we have to negotiate?
{ Ms. Abrams: Well there's...
` Commissioner Plummer: Well, I mean, has the man got anything that you can put a lien against?
A. Quinn Jones, III, Esq. (City Attorney): We don't know.
Ms. Abrams: Well, we believe that we'd like to lien his vessel, but again, Commissioner, it's in
the Law Department's hands.
` Mr. Jones: No, you can't.
Commissioner Plummer: You know, I always try to get collateral on any loan, or any deal that
the City has. OK? You've known me to do that as long as I've sat here. And yet, now, we're
talking about... I mean, you know, this kind of talk is going to get everybody in the habit of
saying, well, don't pay, and then the City will come around and negotiate 50 cents on a dollar.
Now, I'm questioning, if... I don't know who you're talking about, and I don't want to know.
All right? But if you're working hard to get him evicted for nonpayment, and he owes the City, I
would hope that there would be possible assets that you would work just as hard to confiscate
either the assets, or at least a lien.
Mayor Carollo: The boats.
Mr. Jones: Commissioner, but...
Commissioner Plummer: Whatever it is. I mean, this is crazy, where we're talking about
negotiating.
Mr. Jones: But Commissioner, we'd have to get a judgment, and go through the whole process
and get a judgment before we'd be able to attach or lien any assets. So...
Commissioner Plummer: So what's wrong with that?
Mr. Jones: Well, it's nothing wrong with it. Would you rather have some money up front that is
sure, or have a judgment out there of record that you may not even be able to collect on? That's
what you have to weigh.
Commissioner Plummer: I said that you've determined that there are assets, OK? But, I mean,
you know, people are going to be watching this on TV and say, "Well, hell, I owe the City 'X'
number of dollars, and I'm not going to pay them for six months, and then they'll come around,
and they'll settle for 50 cents on a dollar."
Mayor Carollo: That's not going to be happening, Commissioner.
Commissioner Plummer: Well...
Mayor Carollo: That's not going to be happening.
Commissioner Plummer: ... if we take this kind of an attitude, it is.
Mayor Carollo: No. This is a different type of attitude. And I think she explained why, and I
think what they're filing is...
83 December 12, 1996
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Mr. Cruz: Mr. Mayor...
Mayor Carollo: On this particular case, that's a sound business practice, but these people are
going to pay.
Ms. Abrams: If I can continue, because there are two points, Mayor, that I'd like to respond to.
One is about a vessel that knocked down two pilings. We have taken consistent and aggressive
action with that. The allegation that this matter is not going to be addressed is false. Our
intention is to get complete restitution for the damage done. And until that matter is resolved,
we will not drop it. So I hope that clarifies any misunderstanding that anyone is getting away
with anything that they're not supposed to be getting away with.
Mayor Carollo: That's good. Mariano, we're steering from the item that we were discussing on.
And as tar as this...
Mr. Cruz: No, no, but... No. Liability.
Mayor Carollo: ... I would suggest that you sit down with them right after we're done voting on
this, or right after the meeting is over, and I'm sure they'll give you the time so that you could go
over this particular problem with them.
Mr. Cruz: I was two months without coming here, so I give you a break. Another one. Watson
Island, there's a guy there that owns four or five dogs that's biting people.
Mayor Carollo: Yeah, but Mariano, took, Mariano. I appreciate it, but, you know, you're out of
order. Thank you. Commissioner.
Commissioner Hernandez: Christina, how does this affect transient boaters? Is the increase in
the dockage rate going to be passed on?
Ms. Abrams: Transient boaters are a dollar ($1) a linear toot. And we don't propose an increase
at that time. And that is 30 cents higher than what is charged at Dade County marinas.
Mayor Carollo: OK. What is the will of the Commission on 16? We've heard...
Commissioner Plummer: These rates are competitive with other governmental marinas and the
private sector. I move it.
Mayor Carollo: Moved by Commissioner Plummer.
Commissioner Gort: Second.
Mayor Carollo: Second by Commissioner Gort. This is an ordinance, first reading. Read the
ordinance, please.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE RECORD
BY TITLE ONLY.]
Commissioner Gort: Mr. Mayor.
Mayor Carollo: Call the roll, please.
Commissioner Gort: Before the second reading comes, I'd like to get more information, details,
to make sure what the gentleman stated, what the... they pay less than the County.
84
December 12, 1996
Mayor Carollo: This is only in first reading we're voting upon this.
Commissioner Gort: Right.
IVice Mayor Regalado: I was going to say that he can prove to us with the books that this will
put him out of business that we should consider some kind of exception of this business, or any
other businesses that can prove to us that because of this raise, they are going to be put out of
business. So if this is the will of the Commission, I would hope that on the second reading, we
will be able to have information before voting on the second reading.
Commissioner Plummer: Well, I'd like to have that information, but, you know, there's a cost of
doing business. And if you can't do business, you're going to have to move on. It's like the
person that rents a store, you know. If the landlord goes up with the rent, and you can't afford to
pay it, then you go somewhere else where it's cheaper. And, you know... Hey, sir, I understand
your problem. I understand your problem. But if you're not over here where you've been for
years - OK? - you can go somewhere else, and you can find a cheaper rent.
Mayor Carollo: Well, this is first reading.
Commissioner Plummer: That's fine.
Mayor Carollo: So he'll still have plenty of time to meet with staff, for them to relate any new
and enlightening information on this.
Commissioner Plummer: Well, what I would like, Joe, is if... This gentleman has stated that the
rates are cheaper in the County. If he can bring that proof to Christina, then I'd like to know
that.
Mayor Carollo: This is what we basically have said, Commissioner.
Commissioner Plummer: Huh?
Vice Mayor Regalado: That's what I said.
I Mayor Carollo: Call the roll.
j An Ordinance entitled -
AN ORDINANCE AMENDING SECTION 53-86 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "DOCKAGE RATES"; FURTHER
REPEALING SECTION 2 OF ORDINANCE NO. 9251, ADOPTED MARCH 17, 1981,
IN ITS ENTIRETY, WHICH SECTION ADOPTED A SCHEDULE OF FEES AT CITY
L MARINAS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR
INCLUSION IN THE CITY CODE.
{
85 December 12, 1996
[A
was introduced by Commissioner Plummer, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
• Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
31. MAYOR CAROLLO PRESENTS HIS PROPOSED FINANCIAL RECOVERY
REVENUE PLAN.-- FURTHER, DIRECT CITY MANAGER TO INSTRUCT
POLICE CHIEF TO MEET WITH CITIZENS CONCERNED WITH THE
CLOSING OF NORTH DISTRICT POLICE SUBSTATION. (See label 47)
Mayor Carollo: Before we move on to the next ordinance, which we said would be the final one
that we would deal with in the morning session of the meeting, I'd like to go over... I think it's
only fair, and as I stated before, I've been asked by some of the union leadership to go over this
before we deal with the next ordinance. And it's only fair that we would do that, because if
we're going to be voting on an ordinance that some might have felt that we needed it, then we
need to explain to you beforehand why some of us feel differently about voting in favor of that
ordinance. And at the same time, if many of you are giving concessions, then we have to show
you where the dollars are coming from to resolve the deficit that we have this year, along with
the recurring revenues for the following fiscal year. This whole process that we have been
following up to now has not been easy on any of us. It hasn't been easy on us up here, on the
Administration, on all of you City employees, or residents, alike. These have been very, very
trying times for all of us. I think the one thing that we can all be in agreement on is that the only
way that we're going to bring the City back to the financial viability that we need it to come
back to is by working together. Just like we're having a partnership with the Governor and the
State of Florida, we have to have that same partnership with our employees, our unions, and also
with the residents of Miami. This will be the only way that we can resolve the financial crisis
that we have now, and frankly, the only way that we can begin laying the financial foundation
for this City for years to come. I personally would like to thank all the employees that we have
for the patience that you've had for... I know the difficult times that all of you have been going
through, the uncertainties, the frustrations. I've felt much of the same, maybe to different
degrees. It's hit all of us in different ways. But we've all been affected by it. At the same time,
I'd like to thank all of you for the concessions that have been made. The residents of Miami are
making concessions, too, and I think you've been hearing some of them that we've been
discussing today, and many more that we will be going through in a few moments. But the
bottom line is that we can only make this City work if all of us work together. If we don't have
that same partnership or spirit of cooperation, there will be no winners in this, only all losers.
And I believe that Miami has a much brighter future than what we've been seeing in the past,
86
December 12, 1996
and I truly believe, I firmly believe that Miami's greatness and Miami's magic is still truly to be
seen. What I'd like to do is to briefly go over with my colleagues, and the Commission, staff,
and all of you here, and those at home, a proposal that is not written in stone, just like the
Strategic Plan wasn't, but it's a proposal to show you that it is feasible to move forward, to bring
this City to financial recovery by following certain steps, without having to sell off an inch of
property, without having to take other measures that would tax our residents even more so, and
at the same time, we'll show you the recurring revenues that we will have. And the recurring
revenues is key, because no matter if we were to receive a full sixty-eight, seventy million dollar
($70,000,000) lump sum today, if we don't have sufficient recurring revenue for the next fiscal
year, and then for those to come, we'll be back in the same situation, you know, within a year's
time. So if I may, I'd like to go down and go over this with everyone. And, of course, there are
many other ideas that will come forward. I'm sure that my colleagues will have some additional
ideas that before we break for the holidays in December, they might bring, that will save
additional dollars to the City or that will bring new revenue to the City. But the most important
thing is that we formulate and implement a total plan, a total strategy, before we break for
holidays this December. Now, that is something that we want to do well before the January 3rd
timetable that the State has requested of us. And at the same time, we have to be very
conservative, very realistic with the numbers that we work with. You know, it's easy to throw
any numbers down. You know, you get a piece of paper, and you could make numbers appear to
do anything you practically want them to. But they could also be very false. So this is why I've
been very conservative, as I will show you, within the numbers I work with here. Most of the
numbers that I've put down have been well below some of the expected savings or revenues that
we will be receiving in different areas, because we have to be very cautious in being realistic
with the numbers that we will work with. So having said that...
Commissioner Hernandez: Mr. Mayor.
Mayor Carollo: Yes.
Commissioner Hernandez: If I may. After you present your...
Mayor Carollo: Sure.
Commissioner Hernandez: ... your presentation, I'd like to be given the opportunity to talk to...
Mayor Carollo: Of course.
Commissioner Hernandez: ... to show an independent analysis my office worked on with several
professionals, and we worked with the Manager on that.
Mayor Carollo: Absolutely, yes. I'm sorry, it's from the Secretary of HUD (Department of
Housing and Urban Development), that he wants me to be in Washington with him tomorrow.
Commissioners, you all have a copy before you here, right?
Commissioner Hernandez: Yeah.
Mayor Carollo: And there are more copies available for those who might want some.
Commissioner Plummer: Joe, are you going to do this before lunch?
Mayor Carollo: Yeah, we're going to do this now, J.L.
Commissioner Plummer: Well, the only problem is that if you're going to do yours, he wants to
do his. You're going to do yours, he wants to do his, and then discussion. OK. Hey...
87
December 12, 1996
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Mayor Carollo: I don't mind staying here longer
Commissioner Plummer: All right. I might suggest to you, Mr. Mayor, that you turn the charts
to the TV camera so the people at home will know what... They got one there?
Unidentified Speaker: The camera up there can pick it up.
Commissioner Plummer: All right.
Mayor Carollo: Yeah, that camera can pick it up.
Commissioner Plummer: Fine. Because we have a copy of it here.
Mayor Carollo: I apologize that we can't quite show it to everyone here, but basically, I think
most of you have gotten a copy of Exhibit A. Let's start from the top. I'm going to ask some... a
number of department heads and Administrators to confirm some of the numbers that I have put
here. On Exhibit A, on item number 1, savings from capital improvement projects and self-
insurance, the bottom of "A." We feel that we can achieve a million two hundred thousand
dollar ($1,200,000) savings that will be recurring, and achieve that right at this fiscal year. There
are two areas that we can achieve that from. One that basically, we can pull nine hundred
thousand dollars ($900,000) from, and the other, three hundred thousand dollars ($300,000)
from.
Commissioner Plummer: Excuse me. In my... Unless it's different than mine here, Joe...
Mayor Carollo: Yeah.
Commissioner Plummer: ... it doesn't say recurring.
Mayor Carollo: Well, if you'll look, J.L....
Commissioner Plummer: I am looking.
Mayor Carollo: Yeah. The recurring are in two areas. One time are the first column.
Commissioner Plummer: OK.
Mayor Carollo: Everything that's on the second column is recurring.
Commissioner Plummer: OK. There's nothing in that little block. That's the reason I'm asking.
Mayor Carollo: Or in the savings. Well, savings and recurring are the same. Whatever is in the
savings column will be also recurring, and whatever is in the recurring column is recurring. The
difference is the first column of recurring is recurring revenues. The other one is savings.
Commissioner Plummer: Recurring savings?
Mayor Carollo: Savings.
Commissioner Plummer: So in other words, everything in the savings column, you have
anticipated would be recurring.
i
Mayor Carollo: In the recurring columns, yeah. These two would be together. As you can see
on the bottom, both of these two columns at the end, we added them together.
88 December 12, 1996
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Commissioner Plummer: OK.
Mayor Carollo: We add them together.
Commissioner Plummer: All right. The terminology is what got me.
Mayor Carollo: Exactly. If I may ask Dipak to come up and explain the one point two million
that I've just discussed.
Mr. Dipak Parekh: Mayor and Commissioners, the City has budgeted one point two million
dollars from public service taxes for lease purchase and bonding purposes. The lease purchase
agreements were to acquire cars, trucks, tractors and computers. The bonding agreement was to
be utilized for the five million dollar ($5,000,000) self-insurance trust fund. This particular one
point two million dollars can be transferred to the general fund, and it is a policy decision.
Mayor Carollo: What is the total amount that we have in that particular fund and the breakdown
of that?
Mr. Parekh: Basically, public service taxes is a special revenue fund. And on an annual basis,
we've got thirty-three million dollars ($33,000,000) plus. The majority of it primarily, about
eighteen million dollars ($18,000,000) come from the Florida Power and Light utility agreement;
over five million dollars ($5,000,000) from the seven percent telecommunication tax; another
four million dollars ($4,000,000) from the telephone services; and about two million dollars
($2,000,000) from the Water and Sewer Authority. However, this particular fund funds about
seventeen million dollars ($17,000,000) of the general operating revenues for the general fund.
Eight point nine million dollars towards the debt service; four point two million dollars for the
enterprise fund, and six point two million dollars for the internal service funds. And that's
exactly where these monies have been budgeted.
Mayor Carollo: OK. Commissioners, any questions on that one? OK. Thank you, Dipak. The
next item is number 2, which is the Bedminster payment that we've received already. That's on
hand, and this is a onetime item. The third is the self-insurance best practice claims
j management. On item 3 of Merrett Stierheim's report, it stated that if we would use best
practices and implement a variety of safety programs that we should be able to reduce our pay-
out on claims by two million dollars ($2,000,000) this fiscal year. I've used a conservative
number of one million dollars ($1,000,000) instead of the two million. We will be implementing
all the recommendations in that program as soon as possible. By January, I think we can begin
to implement the bulk of them. So I think that by using a one million dollar ($1,000,000) figure
instead of the two million that was used in the Strategic Planning Report, it's a very conservative
figure. And this will be a recurring amount that we would have, the one million here. Actually,
for the next fiscal year, it should be at least one and a half million, if not the two million that
they discussed. But again, I was very conservative, and I left it at one million as a recurring
amount, not the one and a half or two million that it should be. But I would like to have Chief
Rollason, since this is his area, to give us his input, if he thinks this is a realistic number or not.
Chief Frank Rollason (Deputy Chief, Fire Rescue): If, as you are saying, the safety program
implementations are put into place, it's doable. We think the million this year is certainly
doable, if we do not aggressively seek on the City's behalf going after and trying to settle claims
that are not brought to our attention. The only caveat that we have in this area is that if we get
hit with something that we are not anticipating coming this time, as the City Attorney can tell
you, if we get a judgment or we get something that hits us that we're not anticipating, or
something that's off the wall, we could take a hit. But if we are able to stay within the guidelines
that we're talking about here and how we're going to operate, we can do it, with keeping in mind
89 December 12, 1996
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that we're going to put the safety program in place, and the cost associated with that, with the
money that we're going to need to start aggressively taking care of sidewalks, and the parks, and
that of thing, we're going to have to do also.
Commissioner Plummer: The money that's going to be required to implement the safety
programs, how much, and where is it coining from?
Chief Rollason: Well, what we had anticipated, what we had asked for as we'd come forward to
the Administration, is we had asked for two million dollars ($2,000,000) a year to try to get the
infrastructure in place. But even with that type of money coming, you're not going to have the
realization in the first year. What we have to do, I think, is, to get the savings for this year, is
we're going to have to do it in-house. Even though you're putting the safety program in place,
you're not going to realize those savings over the long haul. Where those savings are going to
come is as we start to reduce the unfunded liability and start to bring that seventy-six million
dollars ($76,000,000) down, and the outflow from that is going to be the benefit you're going to
receive, the City is going to receive, as we go to get out bond ratings and so forth back up where
they should be is, we're going to have those savings. We do not have at this time the source of
funding to do the two million dollars ($2,000,000) I'm talking about. What I'm going to need in
place to start the safety program going are as simple as some pool cars available, so the
inspectors can be out on the street, and we can start working within the existing budgets that we
have within Public Works to start doing the repairs in the parks, and doing some of the things on
the sidewalks. The other side that I think the Mayor is talking about on this million dollars is
these best practices that we do with these claims management is that in-house, we start to control
better the settlements and so forth. And we can do that. Yesterday, I settled one on a dog bite
that they wanted... I mean, we look at it. They sent a project to Quinn for thirty-five thousand
dollars ($35,000). They said, "No, let's go to court." It came back to us We met with the
individual, and I told him yesterday, "I've got the authority for three thousand bucks. You want
it? Take it or leave it." He took it. And I think that we can start to do some of those activities.
We can start to have some savings, and I think this million dollars is certainly doable.
Mayor Carollo: This is why, Commissioner, I've only put one million for this fiscal year, and I
even kept the same one million for the next fiscal year. I think those are conservative figures,
and it leaves plenty of room there to grow. Thank you, Chief. Moving on the next one, on
number 4, it's the Law Enforcement Block Grant for three million dollars ($3,000,000). This
has been approved. We're awaiting the check to arrive. The applications for the next fiscal year
in '98 will be arriving in a few months. Even though we have to apply again, this is a very solid
grant that we will have no problem in receiving again for fiscal year '98. So this will be a
recurring grant that we will receive. It's the Law Enforcement Block Grant. And what I would
like to do is maybe, instead of bringing the Police Chief up on each and every single one of these
that has to do with law enforcement, after I go through it, we'll bring him up and we can ask him
on all the different items here that are relating to law enforcement. The next item is number 5
I which is special events and contributions, donations, et cetera. This was one of the
recommendations that were made that we should look at this. I think this Commission has
basically been doing the recommendations that we were given. We need to formalize it in the
form of a resolution that we are not going to be giving any monies at all for special events,
contributions, donations, the fee waivers for events, et cetera. If we do this, we will be able to
deduct a million dollars ($1,000,000) from the deficit, and that will be a recurring amount, also.
Item number 6, the COPS (Community -Oriented Policing Services) More Technology Grant.
This is one that... As you see, I have it down as pending, but this is one, and the Chief will
confirm this, that we will have no problem at all in receiving. This is our portion of what we
were supposed to be paying for computers for the Police Department, the hand-held computers
that we have contracted for. This would be a onetime grant that we will be receiving, and this
will finish paying up all those computers. Item 7 is COPS Funding Match Savings. Two days
ago, we received notification that the Federal government approved our matching funds to be
90 December 12, 1996
paid by them on 102 positions for the Police Department. Previously, they had approved those
102 positions, but we still had to come up with our share of it. So that now has also been
i waived. That came to three million nine hundred and thirty thousand dollars ($3,930,000),
approximately. However, we only had in the budget a million for that. We were still short. So
now that that has been approved and we're receiving that money, that will free up that million
dollars that we had as a matching fund savings. And again, that will be a recurring amount that
we will have freed up. Item number 8, pension concessions. These are the full amount, twelve
million eighteen thousand eight hundred and eighteen dollars ($12,018,818) of pension
concessions from... I'm sorry. Now... the pension concessions, yeah. I'm talking about
management concessions. The pension concessions is five million three hundred thousand.
iThat's for this fiscal year and for the next fiscal year. That's a recurring amount. Five million
three hundred thousand in pension concessions. Now we go to the twelve million amount that I
was talking about before, and these are your concessions of many of the employees that are here,
the union concessions. And that's twelve million eighteen thousand eight hundred and eighteen
dollars ($12,018,818). Again, this is a recurring amount. We go down to number 10, and that's
management policies already in place. And that's five million sixty-eight thousand four hundred
{ and seventy-seven, which the last that we needed to do, we've done today, here this morning.
And this, again, is the recurring amount that we will be having on this five million sixty-eight
thousand four hundred and seventy-seven dollars ($5,068,477) in management policies already
in place. Item 11, departmental savings. This comes to ten million two hundred and two
thousand three hundred and twenty-four dollars ($10,202,324). And that's a recurring amount.
And that's going to be a little less than what the matrix shows, because we're giving the
Administration and the Commission the opportunity to leave five of the 13 NET (Neighborhood
Enhancement Team) offices open. In other words, all 13 NET offices open, if we wanted to. If
we decide to make it a policy decision by the Administration and Commission that we're going
to close five out of the 13, then this figure will go up by some two hundred and forty-one
thousand dollars ($241,000). MSEA (Miami Sports and Exhibition Authority) Grant, twelve
million six hundred thousand dollars ($12,600,000). The twelve million six hundred thousand
dollars ($12,600,000) is a onetime grant from the Miami Sports and Exhibition Authority. This
j has been approved by the board of the Sports Authority. This would be a onetime grant.
However, there will be a six hundred thousand recurring amount that we will be able to get every
year. And actually, it's a little more than six hundred thousand. Each year, it will grow by a
little bit more, because we have a CPI (Consumer Price Index) increase of three percent more
that we get there each year. So we've put down six hundred thousand recurring. The recurring,
you'll find down in "E," MSEA Recurring Grant, six hundred thousand, down here. We go
down to other revenues. Out of the other revenues, nine hundred and seventy-three thousand are
onetime, and four million three hundred and thirty-seven thousand and one dollar ($4,337,001)
are recurring. As you can see, we're counting every dollar here. The total amount is five million
three hundred and ten thousand and one dollar ($5,310,001). On the back of Exhibit A, you'll
find Exhibit B, and that gives you a breakdown of where these other revenues are coming from.
The top part are the recurring ones. Building and Zoning fees, et cetera, are three hundred and
three thousand eight hundred and forty dollars ($303,840). Conferences, Conventions and Public
Facilities fees, et cetera, are three hundred and. twenty thousand four hundred and eleven dollars
($320,411); Clerk's Office fees, fifteen thousand dollars ($15,000); Community Planning and
Revitalization fees, twenty-six thousand two fifty; Police fees, et cetera, one million eight
hundred and sixty-six thousand five hundred; reprograms, CDBG funds, one million six hundred
thousand; sale of surplus vehicles, thirty thousand. And frankly, that amount of thirty thousand
is quite low. We should be able to bring more every year. EMS (Emergency Management
Services) collections, a hundred and seventy-five thousand. And that's an extremely low
number, but I've used that number because this is what the matrix shows. But I wouldn't doubt
if this number can go to half a million or more. And we have quite a few millions of dollars of
outstanding monies on this one. The total for the recurring amounts is four million three
hundred and thirty-seven thousand one dollar ($4,337,001). On your onetime proceeds, which
total nine hundred and seventy-three thousand, it breaks as to the following: Receipts from the
91 December 12, 1996
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proceeds from past sales of the motor pool is three hundred thousand. That's been pair already;
received payment from WASA (Water and Sewer Authority) easement in Virginia Key is a
I hundred and fifty thousand. They're waiting to give us the money the minute we give them the
approval. Sale of police helicopters is three hundred thousand. Delinquent police collections...
and again, this is a conservative figure. I've used amounts given in the matrix. It's a hundred
and ninety-three thousand. Parrot Jungle reimbursement for the RFP (Request for Proposals) is
thirty thousand. And that's where you get the total of nine hundred and seventy-three thousand.
Item 14, fire inspection fee, that's nine hundred and seventy thousand a year that's recurring.
This would be a fire inspection fee like Dade County has, that we presently are not charging to
businesses and office buildings. Forfeiture fines, two million dollars ($2,000,000). That would
be recurring. When the Chief comes up, he'll address that one. Additional 50 officers covered
by COPS base funding, this one is the only other one out of the different Federal police grants
that's pending. This is another one that we are certain that we will receive. The portion paid by
the government has been approved already. What we're talking about here that's pending is the
waiver for our portion of it. And that would come to two million two hundred thousand dollars
($2,200,000), once it's officially approved, and that would also be a recurring amount.
Pawnshop fee, two hundred and sixty-two thousand five hundred. That's recurring. We have it
as the same amount for recurring, but actually, it will be more each year. Police Department
savings, a million dollars ($1,000,000), recurring. The Chief will address that. Collections and
CUs (Certificates of Use), and occupational license and Solid Waste fees, three million dollars
($3,000,000) for this year. The estimates that we've been given, including back charges that we
could go to, is close to six million dollars ($6,000,000). Frankly, I've looked at the numbers
they've given us, and they're still way low. There is no doubt in my mind that they are higher.
And I don't want to get into it now why, but they're way low. But I even used half of the figure
they've given us on three million. Recurring, I'm using the figure going back down to "G" of
two and a half million each year. Again, that's a very conservative number. It should be more
than the two and a half million, but I want to go with conservative numbers. And number 20,
long-term contracts for phone services. That's either two, three or five years, our option. This is
something new that has come out in the last 60 days or so by Southern Bell, and the other
carriers will follow, too, where, for the same phone services that we have now in the City, if we
would enter into either a two, three or five-year contract with them, our option, we would have,
beginning January 1st of this fiscal year, a savings of twenty-eight thousand seven hundred and
sixty-nine dollars ($28,769), and the recurring fiscal year, a savings of thirty-eight thousand
three hundred and fifty-nine dollars ($38,359). The total amounts that I have gone through with
you here come to seventy-one million one hundred and sixty thousand eight hundred and eighty-
nine dollars ($71,160,889) that we will either save or bring in as recurring revenue. The
breakdown is as follows: Out of the seventy-one million one hundred and sixty thousand eight
hundred and eighty-nine dollars ($71,160,889) for this fiscal year, 47 percent of it is coming in
new revenue to the City, more revenues to the City. Savings, including the pension concessions,
the union concessions comes to 53 percent. So you have a 53 percent in savings, 47 percent in
revenues, out of which, out of this total amount, onetime revenues come down to seventeen
million five hundred and seventy-three thousand dollars ($17,573). Recurring revenues in
savings come down to fifty-three million five hundred and eighty-seven thousand eight hundred
and eighty-nine dollars ($53,487,889). Now, if we go to the financial... Strategic Financial
Recovery Plan, it says there that onetime revenues should not have been more than twenty-one
and a half million dollars. We've gone well below that. We're at seventeen million five
hundred and seventy-three thousand in recurring revenues. And in Merrett's plan, it said that we
could have gone up to twenty-one and a half million. The recurring revenue that is stated that
we needed at a minimum for the next fiscal year was forty-six and a half million. Am I correct
on that? I don't have it right before me. Well... no. Do you have the... OK. On the fair matrix
for addressing the deficit, it stated that recurring revenue was forty-six and a half million dollars.
I don't know if there were any additions that we made in future adjustments, but forty-six and a
half is the amount that I'm looking at here. So we went over the recurring revenues. It says we
needed forty-six and a half million minimum. We're showing here fifty-three million five
92 December 12, 1996
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hundred and eighty-seven thousand plus. And at the same time, it said that on the onetime
revenues, it shouldn't be more than twenty-one and a half million, and we have seventeen
million five hundred and seventy-three thousand. So we went well below that. Out of the full
seventy-one million one hundred and sixty thousand eight hundred and eighty-nine dollars
($71,160,889) for this fiscal year amount that we're showing you, almost twenty-three million,
twenty-two million seven and twenty-five thousand and seventy-six dollars ($22,725,076) were
new funds or savings that we found that were not included in the matrix amounts that we were
going down, approximately 32 percent, approximately a third of it. The rest was following the
matrix that was done for us, and I might add, was one of the best road maps that we could
possibly have that was done in a very short time. There is no question in my mind that if they
would have had more time, they would have found even more savings, possibly, than I even
show you here today. There are certainly other areas that we can bring in new revenue to the
City of Miami, and possibly reduce cost. Certainly, in the Solid Waste Department, I've talked
about that we have over 40,000 tons of trash a year, that we know, and it's in the task force
reports that it's not coming from residential homes in the City. It's either coming from
businesses or people that are dumping it from outside of the City of Miami. That's costing us
over two and a half million dollars a year. With good code enforcement, we should be able to
put a stop to just about all of that. There are other areas in Solid Waste Department that we
could cut back in, and many other areas that I'm sure some of you have good ideas about, and
some of my colleagues will have, also. I could go on into additional areas that we could bring
revenue into at this time, but I think I've shown enough for the meantime. There will be other
areas that I will touch upon in the next week or two that will show a substantial amount of other
revenues that we could get, some one time. For instance, over a hundred million dollars
($100,000,000) that we have in liens is out there. I do have a strategy where we could bring in a
substantial amounts on those liens. Certainly, we're not going to bring a hundred million of it, or
anywhere near it. But even if we bring ten or fifteen million, that's a substantial amount. Last,
but not least, in this whole new proposal, it doesn't include one inch, one foot of any City
property having to be sold. If we decide to sell any City properties during this fiscal year or next
fiscal year, it will be because it would be in what is best for the City in making a sound business
decision, not because we're being forced to have to sell it. And it doesn't include a six million
dollar ($6,000,000) amount that was included in the matrix on the FEC (Florida East Coast)
Bicentennial property simply because, one, I think that whatever final agreement we come to
with Dade County on that, that should be used as a reserve for our future. So I didn't want to use
that six million dollars ($6,000,000) as part of it, or whatever the amount will eventually be that
we get from Dade County. Commissioners, do you have any questions on any one of them in
particular, before I bring the Police Chief up?
Commissioner Plummer: No not on these that you've gone over so far.
Mayor Carollo: OK.
Commissioner Gort: I have a question.
Mayor Carollo: Yes, Commissioner.
Commissioner Gort: In working those numbers, we worked with our staff and the Manager in
coming up with those numbers?
Mayor Carollo: Excuse me?
Commissioner Gort: We worked with the Manager and the staff to come up with those
numbers?
Mayor Carollo: You're saying with these here?
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December 12, 1996
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Commissioner Gort: Yes.
Mayor Carollo: I have... What I have done, Commissioner, I've used the... in red, from page 1
to the end, the Strategic Financial Plan on this. I've gone hack to some of the individual staff
people to confirm some of my numbers. This is something that I took upon myself and my staff
to do. And like I said, I'm sure that all of you will be able to add additional revenue
enhancement policies and ideas to this, or revenue cuts that we could find in addition to this.
Commissioner Gort: Well, Mr. Mayor, as long as we follow the Strategic Financial Recovery
Plan, which I think was done by the group of real good individuals, I think we're on the right
path. Now, I would like, if possible, when you bring the Chief up... I've been in several
meetings in the community, particularly on the closing of the stations, north and south stations. I
would like for the Chief to explain it in detail, and if he was to recommend to close those
stations, because I read something else in here....
Mayor Carollo: Yeah.
Commissioner Gort: ... that he state what would he do in substituting those stations. Because a
lot of those communities, they're worried that the crime... that the station was a deterrent in those
communities.
Mayor Carollo: Yeah. That's why I made a note at the bottom that amounts to be deducted from
the above totals if north and south station remain open would be a hundred and ninety-one
thousand one hundred and sixty-seven dollars ($191,167) from this fiscal year, and two hundred
and seven thousand from the next fiscal year. In other words, from the fifty-three plus million
dollars, if we decided to keep those two stations open. Frankly, if it is the policy of the
Administration and the Commission, it's an option that we have. We would be able to afford it
under this scenario. However, we would not be able to get maybe over two million dollars
($2,000,000) that the south station could be sold for. At the north, we rent or lease. But at the
same time, I didn't include the sale of that property in these numbers here at all. And that would
be a policy of the Commission and the Administration on whether to keep them open or not.
The amounts are not major.
Commissioner Plummer: Did you show...
Vice Mayor Regalado: Mr. Mayor, for the record...
Mayor Carollo: Yes.
i
Vice Mayor Regalado: For the record, just so the people of Miami and the press will not see this
as another plan to save Miami, we have taken action in... on this plan you are presenting, we
have taken action this morning in about four areas, is that correct, or five?
f.
Mayor Carollo: More than four or five areas. And actually, two thirds of this plan is in the
Strategic Financial Plan of Merrett Stierheim and the task force, and the one we all participated
with. One third is new dollars that were not included in that plan. And I'll identify where the
new dollars came from, so it will be even simpler. The one point two million dollar savings
from the... on item 1, savings from capital improvement projects and self-insurance bonds, that's
one. The one million dollars ($1,000,000) from the Bedminster payment, that was put down as
not coming in before.
Commissioner Plummer: Well, that's now two million, because it was a million of it as part of
the problem. It's now a million that's a solution, so it's a two million dollar ($2,000,000)
project.
94 December 12, 1996
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Mayor Carollo: No. It's a million dollars ($1,000,000) that we've got now.
Commissioner Plummer: But I'm saying as far as the savings and the revenue is concerned, it's
no longer a million short. It's now a million dollars ($1,000,000) in the till.
Mayor Carollo: Yeah. But... Well, not really, Commissioner. It's a million dollars
($1,000,000), because we were not counting that as a loss in the deficit.
Commissioner Plummer: Oh. In the matrix, it shows as one of the losses.
Mayor Carollo: I don't believe so that it was as a loss. If you're correct, then we've got a
million dollars ($1,000,000) more, but I don't believe so.
Commissioner Plummer: In savings.
Mayor Carollo: Yeah. We got a million dollars ($1,000,000) more in savings, if you're correct,
but I don't believe so, no. The other area that was not in Stierheim's plan was a million dollars
($1,000,000) in savings on the self-insurance best practice claims management. The next one is
4, Law Enforcement Block Grant for three million dollars ($3,000,000). The next one was the...
number 5, special events, contributions, donations, et cetera, for a million. The following one is
6, COPS More Technology Grant for three million. The next one is the COPS funding matched
savings that was freed up from our fund for a million dollars ($1,000,000). Then we go down to
the MSEA Grant. We were able to put down an additional three million thirty-three thousand
dollars (($3,033,000)... actually three million thirty-three thousand eight hundred and seven
dollars ($3,033,807) than what the matrix had, plus the recurring that they had was three hundred
thousand. We're showing six hundred thousand. Then on additional new ones that we have that
were not in Stierheim's original plan were forfeitures and fines for two million. The additional
50 officers covered by the COPS base funding, two million two hundred thousand; the pawnshop
fee, two hundred and sixty-two thousand five hundred; the Police Department savings, a million;
collections and occupational license, the use and Solid Waste fees, three million; and long-term
contracts of two to five years, our option, for phone service. That's the same phone service we
have now, except we go into at least a two-year contract. We save twenty-eight thousand seven
hundred and sixty-nine dollars ($28,769) this year, thirty-eight thousand plus in the next fiscal
year. And those are the areas that are new that were not in the matrix or the Strategic Financial
Recovery Plan matrix. Chief, can you come up and let's go over the areas that have to do with
law enforcement. And there are some legitimate areas that I think that you should answer.
Maybe we just ought to go one by one here.
Chief Donald Warshaw (Chief of Police): Go down the list?
Mayor Carollo: Yeah, go down the list. The first one that we discussed was the Law
Enforcement Block Grant. That's done. That's in the mail.
Chief Warshaw: Yes. And Mayor, let me just tell you that the block grant was part of the
President's attempt to help law enforcement. It's not part of the Crime Bill, but it was
supplementary to the Crime Bill. And we've already been awarded the three million dollars
($3,000,000) which is reflective in the matrix for this year. This three million dollars
($3,000,000 you show as recurring is for next year.
Mayor Carollo: Next, we have another three million dollars ($3,000,000) for the COPS More
Technology Grant.
Chief Warshaw: The Technology Grant, that was a... The Technology Grant was a six million
dollar ($6,000,000) project. We've already gotten three million of it committed to us. This three
95 December 12, 1996
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million is the match that the City would have had to pay for. This is for police MDCs (mobile
digital computers) and we're going to get this three million dollars ($3,000,000) matched, and
that's going to make up monies that would have normally had to have been paid by the City.
Mr. Shorty Bryson (President, Fire Fighters Union): Mr. Mayor, right here, standing up tall.
Shorty Bryson, Miami Fire Fighters. Chief Warshaw, you just said for the Law Enforcement
Block Grant, it's for next year. Are you talking next fiscal year?
Chief Warshaw: Next fiscal year, '98.
i
Mr. Bryson: So it doesn't apply to this year that we're in right now.
Chief Warshaw: No. The '97 monies, all right, were showing in the matrix as pending possible
revenues. We're not talking about that. This is for '98.
Mayor Carollo: The three million, though, is coming.
Chief Warshaw: Correct.
Mayor Carollo: The one that we're showing that's going to be coming will be the three million
for '98, Shorty.
Mr. Bryson: Oh. This is the three million for this fiscal year. Is that right?
Mayor Carollo: Yeah, three million for this fiscal year.
Mr. Bryson: Chief, is that right?
I
Chief Warshaw: That's... I keep losing this.
Commissioner Plummer: Well, wait, wait. Let's...
j Chief Warshaw: No. Let me back up for a minute. The three million dollars ($3,000,000) that
we are about to receive for this fiscal year is showing in the matrix. The recurring three million
I that you see here on the Mayor's chart is for 1998, and that's what makes it recurring, three for
this year, three for the following year.
Commissioner Plummer: But you can't total it twice.
Chief Warshaw: It's two separate years.
Commissioner Plummer: Two separate columns.
Mayor Carollo: Two separate years, Commissioner.
Commissioner Plummer: Yeah, I hear you.
Mayor Carollo: And actually, that is one that we should probably be getting after the fiscal '98
year and beyond. It might even grow a little bit in future years. Number 7, the COPS funding
match savings.
Chief Warshaw: OK. That million dollars ($1,000,000), if you remember, on Saturday's
Commission workshop, is monies that are showing in this year's budget, but in reality, have been
waived by the Federal government, just this week, that million. It's actually more than a million,
96 December 12, 1996
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but that million dollars ($1,000,000) will no longer be needed from our budget, because it's
being paid for by the Feds. So that's a full waiver of that match.
Unidentified Speaker: The base line number.
Chief Warshaw: The base line number and the City's match.
Mayor Carollo: The next in line here will be the forfeiture fines, two million.
Chief Warshaw: Mr. Mayor and Commissioners, as I had also said on Saturday, because of
some strategic things we did this last year by assigning police officers to work on a variety of
Federal task forces, we,have some very substantial monies, income coming in this year. And
I've committed that we will take two million dollars ($2,000,000) of those monies in accordance
with the Federal statute on forfeiture, and commit them to fund neighborhood policing type
programs, as well as other investigative functions. And I know what the numbers are, and I can
tell you right now that there's more than sufficient numbers for those monies to be recurring for
this fiscal year as well as the next year, and probably in years to come after that.
Mayor Carollo: Next is 16, the additional 50 officers covered by the COPS base funding for two
million two hundred thousand dollars ($2,200,000).
Chief Warshaw: Now, let me touch on this a little bit. We have been approved for 150 officers,
50 a year. The waivers that we've gotten from the Federal government for our share of the
match, which is the nineteen thousand per officer above the twenty-five thousand that we get,
that waiver has already been granted. Now, this next 50, we are now applying for another
waiver, which will reduce our base line number from 913 to 868 or 863. What this really means
is that the Federal government will be paying for every police officer on the department from
number 863 through number 1015. So the waiver means full salary, the forty-four thousand for
all those officers between 863 and 1015. So what... this line item is that additional 50, which
represents forty-four thousand dollars ($44,000) a year rough salaries, starting with fringes, times
50, is about two point two million.
Mayor Carollo: The next item is the pawnshop fee, at number 17, which we approved the
ordinance a little while ago. We have it down for two hundred and sixty-two thousand five
hundred for this fiscal year. Recurring, Chief, would be more.
Chief Warshaw: Probably. And, I mean, this is something that will happen forever, as long as
the ordinance is on the books.
Mayor Carollo: We're listing it in recurring at the same amount. We're being conservative.
We're not increasing any more to it. Then number 18, this is one you've got to explain, because
I know that there will be questions on this one. Department savings for one million dollars
($1,000,000).
Chief Warshaw: Mr. Mayor, Commissioners, because of what has been happening in terms of
the City's fiscal crisis, a large number of our employees, actually 25 to date, have already retired
in these first 60 days of the fiscal year. That's a very accelerated rate of attrition, beyond what
we would normally have budgeted for. So based upon that attrition and regular anticipated
attrition, some of which has already been pulled out of this year's budget... You know, I'm
estimating a million dollars ($1,000,000) in savings off the hundred and one base line budget
that we've been approved for. I mean, it's something you don't want to see happen, large
numbers of people leave, but they're leaving, and these are real savings. Many of them left
within the first six weeks of the fiscal year, so those savings are realized for the entire year.
97 December 12, 1996
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Mayor Carollo: That's one of the reasons that we discussed in coming about that figure, Chief,
I but there were some others that we discussed, including some areas of the department that was
not law enforcement that we felt it was a luxury, that you were going to look at also cutting back
on until we would get back on our feet again. But the bottom line is that whichever way you do
it, it's fine with us, as long as we have that million dollars there.
Chief Warshaw: And Mr. Mayor, I'd just like to add on the COPS money, because this is a
long-term program, there are other application packages that will be coming out in the spring for
other large amounts of money, not only for police officers, but for PSAs (Public Service Aides),
for equipment, and for joint venture programs between the police and various community
organizations, all of which have very large potential for us. So I haven't even listed those here,
} but I wanted to put that on the record so you're aware of it.
Mayor Carollo: And that's part of what we discussed. There's more that we could bring in, but
we wanted to be as conservative as we possibly could be, presenting these numbers. Shorty, you
have any more questions now that the Police Chief or anything else is here?
Commissioner Plummer: I've got a question.
Mr. Bryson: No, I have no questions. I have some comments, though.
Mayor Carollo: Sure.
Commissioner Plummer: I have a question. Chief, you keep referring to, "Deducted from the
budget of 101," which you have stated previously was a fictitious number. Now, are you now
telling me that these numbers that are in this proffer are from an actual budget? Because you
admitted from day one that the budget which you approved or thought was approved suddenly
came in four million dollars ($4,000,000) higher. So my question is, are these numbers real
numbers from what you consider to be the approved budget? Because you keep referring to,
"Deduct from the budgeted 101."
Chief Warshaw: Right. And Commissioner, I did that for a reason, because the...
Commissioner Plummer: Well, that's why I'm asking the question.
Chief Warshaw: The matrix and everything that has been done is based upon a base line of the
approved budgets from the previous Administration. So all of our deficits are a reflection of
what those base line budgets are. In reality, the Police Department's budget is a hundred and
one million. You add up all of the other departments' budgets, and you get the total budget of
the City. It's coining off in number, even though what I've said is true, that a hundred and one
million dollars is not reflective of police services, as I told you on Saturday.
Commissioner Plummer: Let me use one example... one question. In the area where you say a
savings... a Police Department savings of a million dollars ($1,000,000). And you said from the
one -oh -one budgeted, yet you turn around and tell me that that budget is fictitious.
Chief Warshaw: Again, let me put it in the right context. One -oh -one is the base line number
that the Stierheim group used and the new Manager is using as what the City's commitment and
obligation is to fund. So based upon that, every savings you get has to come off that number.
Those are the numbers that we've worked with.
Mr. Edward Marquez (City Manager): Commissioner Plummer, another way to answer your
question, the one million dollars ($1,000,000) that the Chief is talking about is coming from the
nonfictitious portion of the one -oh -one.
98 December 12, 1996
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Commissioner Plummer: That's what I'm trying to determine.
Commissioner Gort: See how easy it is, Chief?
Commissioner Plummer: That's what I'm trying. Just want to make sure we understand.
Chief Warshaw: Well said, sir.
Commissioner Gort: I've got a question. Some of those grants that you have here, the money
you have for grants, where you have those as recurring revenues, for how long?
Chief Warshaw: The COPS money is three-year funding. And what's good about that, if you
look at some of these items, as an example, the 50 on item number 16 is recurring starting this
year, so that's the...
Commissioner Gort: Two more years.
Chief Warshaw: ...'96/97, '97/98, '98/99, right. So we're right into the end of the century.
Commissioner Gort: So after '99, we have to look for a substitute on that.
Chief Warshaw: Well, but what I also said is we have yet the potential for another 50 in '98,
which would take us beyond the year 2000. And as long as... excuse me. As long as this COPS
Program continues, every time we get 50, the three-year starting point is that year and it goes
three years further. So we have the potential for these fundings, you know, well into the year
2000 and beyond.
Mayor Carollo: Commissioner, the ideal is that by the third year, we should have brought and
found sufficient new revenues to come into the City where we could take that slack up on our
own. But at the same time, as the Chief says, most likely, we'll still be getting those monies
after the third year, but we need to be ready, and we need to plan now to make sure that we can
take that slack in the third year. And with much of the new construction that's being planned in
Miami, and many of the things that we have been discussing here that we're going to be
approving, with our waterfront, some of our other properties, there's no doubt in my mind that
we'll be bringing sufficient revenues to this City in three years. That would give us the time to
plan and prepare three years from now.
i
Commissioner Gort: Thank you.
I
Chief Warshaw: Commissioner, if I could just add, I'm very conservative, generally, and I'm
not going out on the limb and saying that the people in Washington have scrutinized our
financial plan. They're very well aware of what's happening here. They have articulated our
emergency in writing, in accordance with the Federal rules. So I'm extremely optimistic that
these monies are going to continue to come; not only the ones we've been granted already, but
that for as long as we're in this fiscal situation, that we have a lot to look forward to in terms of
getting a big slice of those federal dollars.
Mayor Carollo: Let me... Shorty, go ahead.
Mr. Bryson: I've waited for my comments. I tried to wait till it was all over. But I'm Shorty
Bryson, president of the Miami Firefighters. I felt that, you know, now is not the time to sit
back, if you have any feelings about the Mayor's plan. The first thing I'd like to do is commend
the Mayor. He called, at least the Fire and Police Union last night, and I believe tried to get a
99 December 12, 1996
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hold of AFSCME (American Federation of State, City and Municipal Employees) to explain his
proposal, go over each number, gave us a good sit-down and a thorough explanation of a detailed
j plan. In that amount of time, of course, you cannot verify some of these numbers, and I think
today, people standing up did a good job of giving us about as much as we could get in this short
of a time frame. Now, there's many ways to solve this problem, many ways, a hundred different
ways to solve the problem that we've discovered, and this is certainly one of them. I do have
some problems, though, and I have to say I believe that the grants are ticking time bombs. In
USA Today, just recently, three days ago or so, the St. Louis Police Department was saying
they've hit their third year in their grant funding on their COPS, and what are they going to do
now? They are searching for money to pay for those. And those are the type of things that if
you put them into these, they're ticking time bombs. If we do as poor a management job as
we've done in the past, be prepared in three years to start giving concessions to pay for those
police officers. That's, of course, if you want to keep the service at the sale level it is now. One
of the other issues that I have, and with all due respect, Mr. Mayor, is I look at recurring
revenues as revenues like ad valorem taxes, garbage fees, fees that you can really count on, year
j in and year out. I do not look at grants as recurring revenue. Two or three years, you could say
they're recurring for a couple years, but I kind of look at recurring as from here on, as long as
Miami is here, we can count on that money being there. In Stierheim's plan, he had a total of
twenty-two million dollars ($22,000,000). And some of that was even grant funding, so it wasn't
all what I would call recurring, anyway. When I separated out grant funding, I really found
recurring revenues in the Mayor's proposed plan of about ten point four million. I also found
that in the total onetime savings plus recurring about a four million dollar ($4,000,000)
difference. What I'm hoping... This plan, of course, is like the Mayor said, it's not written in
stone. But what I'm hoping is before this plan ends up getting approved by the Commission and
going to the Oversight Board, who, I think, will be of the same opinion, that we need to try and
find more recurring revenue that's real: And when I say "real," these are real, but I want... I'm
hoping... and part of the way that we were brought into the plan was recurring revenues are
things that we're going to be able to count on. We don't want to get down the road... And
remember something. Our concessions are two-year concessions. When two years go by, you
can go through the list, there are all those things in there that are going to be back into the
budget. So whatever we do to solve the problem can't hinge upon those concessions being
forever. We meant to give up a two-year grace pperiod to the City. We bought, threw in our
money, at approximately four thousand dollars ($4,000) per employee for each year, for two
years to try and bring the City back, and give them breathing room to get these recurring
revenues in place. So I do commend you, and I thank you for having us in there. I wish... you
know, not to bring up a nasty word, but I wish the garbage fees were increased to what they cost.
I'm sorry if the citizens don't appreciate that remark, but that is a true recurring revenue. If we
ever came up with better recurring revenues and management, and we see those monies come in,
we could easily do a reduction. You know, I would hope that that would be the way we would
go. But those are my comments. Thank you, Mr. Mayor.
Mayor Carollo: Shorty, thank you. And just to address some of your comments. You are right
that if you don't plan on bringing new revenues, once the COPS grants are done with, then you
have a problem. And we are planning, once they're done, and that's one of the first things that I
think we have said here today. But what we need, though, is the breathing room. The same
breathing room that you have offered through concessions, we needed them through some of
these other sources. Now, there are two ways of looking at recurring revenues. One is, as I
pointed out, the recurring revenue from this fiscal year to the next fiscal year. Then others are
much longer term recurring revenues. Even if we raise the garbage fee - forget about the
hundred percent increase - 200 percent increase, that's still not going to be given us right at this
point in time, the long-term, more than two or three years, recurring revenues that we need to
really plug the hole. What's going to be given us then is going to be the planning that we must
begin doing to a great degree started doing in laying out the ground work to bring in the
construction that we need in Miami, for Miami to come alive again, like we once were, where
100 December 12, 1996
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1 we're going to have permanent property taxes, additional property taxes through new
construction that will be coining in, that we will be able to develop a lot of the land that we have
with leases, with contracts that will bring in permanent long-term revenues, recurring revenues
to the City of Miami. What this will be doing, some of these grants, is giving us that
opportunity. We realize... and believe me, that's one of the things that I've kicked around. I've
gone through this fiscal year, I've gone through next year, and the third plan that I haven't
shown you here today is one after that, once the concessions are up from the unions, once... we
might not have many or all of some of the additional COPS grants, and I've thought of a lot of
ways that we could bring the dollars. And three fiscal years from now, the dollars will be there,
that even if we don't get another penny from grants programs, we could bring the dollars in.
And you are right, there are many ways that you could present or anyone could present possible
deficit reductions. It was not my intention today to ask for a vote on this plan or any other plan.
This was a working session that I thought needed to be done so that we can show that we are
moving ahead, that the numbers are here for this fiscal year and for next fiscal year. At the same
time, before this Commission will vote on a final plan, and we will do that in December, I think
we need to get some additional input, some additional ideas of dollars that could be saved or
brought in as new revenue that we could add onto this plan. Just like we worked from Merrett's,
I'm sure that we could add and work from this latest version. But the numbers I think that
you've seen this fiscal year and next fiscal year, I think you would have to agree that they are
pretty solid. Even if we want to argue on a couple of million here or there, it's still over what we
need to cut the deficit this year, have the recurring revenue for next year, and have somewhat of
a surplus, or at least certainly not have a deficit. Before I open it up to some additional people to
the public, if I may ask from any of the other union presidents or representatives, if they wanted
to ask any questions on this or... OK. Go ahead, sir, if you could give your name.
Mr. Rick Ruiz: First, Mr. Mayor... Yeah, my name is Rick Ruiz, 3150 Southwest 15th Street,
Coral Gate Park Homeowners. One of the things, I'd like to thank you for the way you're
approaching this step. In other words, that you're saying that basically, we don't have to pay
these fees and taxes at this time, that this should be given a chance. I believe that Mr. Hernandez
also has something similar that could be taken into consideration. As a homeowner, I haven't
been able to negotiate a two-year deal, or nothing else. When these garbage fees hit me or any
of these other fees hit me, they're not going to be taken away in two years, and they're going to
1 be there for a long period of time. Probably, my grandchildren will be able to look at these fees.
But the issue is that I think that a first approach of going into other scenarios of what you could
save us is the right attitude to do. I think that we should step back and let things like that
happen. And then if they don't occur, then why not come back to the citizens and say, "OK, we
did this attempt, we're here," instead of doubling our garbage fees twice the amount, when
we've got this scenario to work with? And if it's going to be with us for eternity, you know, it's
not a two-year deal, then we should able to voice our opinion of why these taxes are really going
to hurt later on. When I decide to retire, you know, what am I going to be paying to fees all the
way to the end? I've talked to different people in my community, elderly people who are now
on retirement. They can hardly afford to live on what they get, just to pay the property taxes on
their properties right now of over two thousand seven hundred dollars ($2,700), which I pay in
my home, and others who pay probably even more. Probably retirement and their pensions don't
get there. So I think we need to step back, and let something like this work first, and then come
into different other levels of consideration. But I admire that you're able to do this, and I hope
that also, Mr. Hernandez' plan could also be considered, and we'll like step back and listen.
Mayor Carollo: Thank you. One of the areas that I didn't want to really get in, and 1 really
don't, but I will just make a passing remark that goes along with what Shorty mentioned about
the long-term recurring revenue. And I was hoping we could get away from the garbage fee
right now for reasons that you all have heard me express on TV and the newspapers. But next
October 1st, we will be making a decision - actually, before that, but it won't be implemented
until October 1st - either to get the type of reductions that we need from our Sanitation
101 December 12, 1996
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Department... And by that, I mean doing away with this 40,000 plus tons of trash that no one
knows where it's coming from, but we know it's not coming from us, the additional monies that
we're paying by not going to the main dumping station, and other areas that we can save, or we
will privatize garbage and trash collection in the City of Miami. And either way we go, you're
going to be seeing an eight to ten million dollars ($10,000,000) of long-term recurring revenue
savings to the City of Miami there. So I didn't want to bring that up now, and I think you know
why, Shorty. But the eight to ten million that you're looking for from garbage and trash, it's out
there to be taken, but we just didn't talk about it right here.
Commissioner Plummer: Let me...
Mr. Mariano Cruz: Mariano Cruz...
Commissioner Plummer: Can I ask a question? Somewhere along the line, there's got to be
some determination. My understanding... I don't take the Herald as gospel, but my
understanding, from what I have read, that there is to be a plan presented to the Oversight
Committee by January the 3rd.
Mr. Marquez: Yes, sir.
Commissioner Plummer: OK. Now, let's just use this plan that Joe has presented. If they don't
approve that plan - I'm thinking timing - that if they don't have a plan proffered by us by the 3rd
of January, it's my understanding they're going to proffer. Is that a true statement?
Mr. Marquez: We have to submit a plan by January the 3rd.
Commissioner Plummer: And if we... And if there is a plan that they have not accepted as... ?
Mr. Marquez: During the month of January, the Financial Oversight Board will evaluate the
plan that we submit. And I'm sure there will be conversations back and forth between their
board and our... and through City Management back to the City Commission. And they may
very well ask for amendments to the plan.
Commissioner Plummer: All right. Now, my other... The reason I'm asking that, we know that
if we don't have a garbage tax, you know, that very, very sore subject, and we don't approve on
first reading today, it cannot be implemented in January when the bills go out, because the next
billing period is January. Correct?
Mayor Carollo: Not necessarily. Not necessarily, but most likely.
Commissioner Plummer: OK. But that would... That's what I had heard around here as the
target.
Mayor Carollo: But that would also only apply to half of the so-called savings that we're talking
about, because we're only sending half the bill.
Commissioner Plummer: I understand, five million for half a year.
Mayor Carollo: Yeah.
Mr. Marquez: Commissioner Plummer, I believe that - I'm willing to be corrected here - I
believe that if you change the ordinance, you can change the billing date regarding the
ordinance, that you do have options in that regard.
102 December 12, 1996
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Commissioner Plummer: So what you're saying is that you can bill whatever amount is the
increase for a period to the remaining date of the fiscal year; is that what you're saying?
Mr. Marquez: I believe so. It might not be a good, sound business practice, but I believe legally,
you can change things around.
Commissioner Plummer: OK. I just want to get it on the record.
Mayor Carollo: Mr. Cruz, go ahead, sir.
Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street, Miami. I don't know if two minutes will
be enough, but, you know, I see... The reason I came here today... got a day off, too. I seen a lot
of people, all this... they're from here, they're from the outside, blue ribbon committee, the
whole thing, union, but I have seen very few citizens, you know, residents that live out there, that
pay the taxes, that vote for you, you know? Because many times, I come here and said to
Administration, "You're here to represent the citizens of Miami." The employees have the union
representatives, Shorty Bryson, Martin, Cotera, all of them, Charlie, to represent them. But you
have to represent us. I see you pay more attention to the unions there than to us. Think on that.
I am not against taxes. What I am against is a fee. Anyway, because a garbage fee is something
that you cannot even itemize with your income tax. You don't tell that to the people, but your
CPA (Certified Public Accountant) or anybody knows that you cannot take any fee out of the
income tax. That's one thing. You itemize. And I don't mind paying taxes or paying fees as
long as I get services. What I am seeing here, and I tell here the people, the Police Department
and the Fire Department are too top heavy. I have here the books here, the computer list, fifty-
two, Fire Captains; hundred and twenty-five, Lieutenants; so many Assistant Chiefs and all that.
How many fire fighter ? The same thing with the Police Department. I want to
see the people in the street. We got too many chiefs and too many... We have a government of
plutocrats, government of the wealthy who are governing the poor out there in the City, the one
that goes and pays the taxes that makes all the houses in Pembroke Pines and other places
possible. OK? And I have people living and working for the City, and I... they do the same
thing, same thing, they do. The City pays them and gives them the wherewithal, and they know
the City. And we have a Department of Affordable Housing. Give first choice to the employees,
and they start coming back to the City. Thank you.
i
i
Mayor Carollo: We need your name and address for the record, please.
Reverend Barry Washington: I'm Minister Washington, and I represent the Young Generation
for Change. I've been employed by the City 12 years. I put six people in business. I
j subcontract everybody in my area, and I did more volunteer work than any preacher, any
- politician put together. I'm here for the future for the young kids. I just put out an article this
week called, "Just Us Can Stop Us." Dade County have a serious racism problem with blacks,
white, Hispanics and others, and it's affecting the kids emotionalism on a daily basis. I'm
bringing out a new article called, "We're Just Americans." Black, green or white, Haitians,
Jamaican, you name them, Christ claims them. According to the vote this year, 90 percent of the
people in Dade County, black, white, Hispanics and others, have a sort of racism problem. And I
don't think we need 150 police to solve a racism problem. I think you're going to be... that adds
a little bit more fuel to the fire. We need 150 preachers, full of the Holy Ghost, full of wisdom,
full of knowledge of God, like Solomon, that asked for peace for the region. A desperate
situation calls for desperate action. We believe, as ministers, Christianity is not a religion, it's a
way of life. And He tells us to forgive our brothers that trespass against us, to love our enemy, to
pray for those that spitefully use us. If you go back into the history, racism is the only thing
actually tore up a country. It's messing up Jerusalem now, it's messing up Bosnia, and it causes
revolution. I think that's what we need to focus on more.
103 December 12, 1996
Mayor Carollo: Charlie.
Mr. Charlie Cox (President, AFSCME): I'm going to be quick. Mr. Mayor and members of the
City Commission, my name is Charlie Cox, and I'm president of AFSCME Local 1907. My
business address is 4011 West Flagler Street, Suite 405, Miami, Florida. I am here on behalf of
my members, the employees who serve the citizens of the City of Miami, to speak about the
steps which... what must be taken to save our City and make the record clear on how some of
these events came to pass. To date, the only real concessions have been made by the employees'
organizations who have agreed to give up promised wages and benefits, and by their pension
funds whose prudent investment performance has made it possible to reevaluate actuarial
assumptions which said pension cost. Particularly with regard to the pension, I want to address
those who have criticized the cost of running the City's retirement system. The actual cost of
running the pension system in 1989 was three percent of payroll; in 1990, one percent; in 1991,
one percent; in 1992, one percent; in 1993, four percent; in 1994, four point one percent; in
1995, five point seven percent. I use the term "real cost," because the City is still paying for the
sins of prior Administrators. In the 1970s, millions of dollars of pension monies were devoted
for other City functions. As a result of that misappropriation, the City was ordered, after costly
and lengthy litigation, to repay the money which it had taken. That constitutes 80 percent of the
cost attributed to managing the retirement system. In other words, if there hadn't been
misconduct by prior City Administrations in diverting pension monies, the City's cost of running
its pension system would be an insignificant part of its total payroll cost. The seeds of this
pension problem were sewn when the City diverted more than twenty million dollars in taxes
collected solely to deposit into the pension system. The fruits of these misdeeds have been a
repayment to date in excess of a hundred and eighty million dollars ($180,000,000) payable by
the City's general fund. This is not the cost of the benefit. In fact, benefits have been improved,
but those improvements have been paid for by increased employee contributions and good stock
market performance on fund investment since the pension funds were placed under the
management of a majority of trustees selected by the employees whose futures depend on the
soundness of that retirement system. All of the misdeeds in the past occurred when the City
controlled the pension funds. Just to put all of this into perspective, the annual cost of benefits
I earned each year by our active employees is actually a negative number. This means that the
employees contributions, plus the investment returns on the pension funds not only pays for the
full cost of the employees' pension actuarial, it helps reduce the prior debt created by the
misconduct of past City Administrators. This means that not only are employees bearing the full
cost of their own pensions, they are helping the City pay back its past failures. I speak about this
issue first because it points out when it comes to helping the City, your employees have been
givers, not takers. As a result, it is time for the Commission to be givers and not takers. The
Gates issue is by no means the only evidence of prior mismanagement. The Knight Center,
which is supposed to be a self -budgeting enterprise, has, in fact, cost the general fund more than
fifty million dollars ($50,000,000). The Government Center Parking Garage has cost more than
eighteen million dollars ($18,000,000). Uncollected fines and forfeitures are in the uncounted
tens of millions of dollars, despite our offer several years ago to help you collect that money.
j For those who say privatization is the key, we have already had failed experiments in that regard.
The Dinner Key Marina was contracted out in the 1980s, only to be taken back at a loss to the
taxpayers. It has since been run as a City function, more efficiently and more cheaply. Every
expert who has come before, been asked to you to advise on how to improve the City's financial
condition has told you to raise the garbage fees. The City gives better garbage service at less
than half the cost of any other governmental entity in this County. By doubling the sanitation
fee, the City would raise its income derived from sanitation from ten million to twenty million
dollars ($20,000,000) a year. This would make sanitation fees the City's second largest source
of revenue, after ad valorem taxes. At the present time, the City's general fund subsidizes the
Sanitation Department to the tune of twelve million dollars ($12,000,000) a year. Raising the
garbage fee would substantially eliminate that subsidy. For those citizens for whom an increase
in the garbage fee would create an impossible financial hardship, lifeline type exemptions such
104 December 12, 1996
Li
as those made by Florida Power and Light, Southern Bell and other utilities would be available.
For those who claim that we should eliminate City services and merge with the County, the
1 result would be the same debt with less services. In order for the County to absorb City services,
all preexisting debt of the City would still have to be paid. They would be paid by those citizens
who live in what would have become the former City limits by the creation of a special taxing
district. In return for those costs, the citizens of our City would receive substantially less in the
way of public services than they now receive, and at the same time, lose the representation that
this committee provides them... Commission provides them. I'm sorry. Absorption by the
County would result in solid waste fees of three hundred and forty-nine dollars ($349) a year, as
opposed to the proposed three hundred and twenty a year. Trash pick up would be reduced from
j weekly to twice a year. Consider the environmental effect on our City of six months
I accumulation of trash by each property owner that... when trash is currently disposed of on a
weekly basis. Our beautiful City would be buried in a mountain of refuse. Since the 1990s, your
employees have had a total of cost of living increases in their salaries of six percent. Since that
time, the CPI (Consumer Price Index) has been over 17 percent. In other words, today's
employees work for less money than they did six years ago. You also have less employees
working than you did six years ago. The City has twice offered an early retirement incentive to
get senior high -salaried employees off the payroll. Their positions were not replaced, but their
work still has to be done. Today, more citizens are served in a more complex way than ever
before with a work force that has 400 less civilian employees than it had six years ago. The
savings reflected by that work is over twenty-one million dollars ($21,000,000) in payroll cost
saved. At the same time, the amount of work which each employee has been asked to do has
substantially increased. Our members have, without complaint, continued to do a quality job for
the citizens of Miami with less help and lower pay in real dollars than they did in 1990. They
have agreed to sacrifice further economic gain in order to help save the City. No one
relinquishes (sic) the thought of increased fees to the citizens. All of us recognize how hard it is
to ask you to vote for increased taxes. But in the final analysis, all of you went to the people of
Miami, asked them to give you your (sic) trust and give you the power to run their community.
That means that sometimes, you have to make hard choices, even if you know it's the unpopular
one. Your action in raising additional revenues through the adoption of the sanitation fee, as
well as pubic safety surcharge on a substantial number of non -taxpaying properties in the City
would be exactly the signal which is needed to restore confidence in the City. Thank you.
Mayor Carollo: Thank you, Charlie.
Mr. Jim McMaster: Jim McMaster, 2940 Southwest 30th Court. With all due respect to the
Mayor and the Commissioners, you approved Cesar Odio's budget on first reading three months
ago when he presented it to you as a balanced budget. Last Saturday, your department heads, in
particular, the Police Chief, said that he could not tell you what his hundred million dollar
($100,000,000) budget paid for. I'm wondering if these figures that we've come up with today
that are on these charts are as flexible as the cost of picking up the garbage. You, by State law,
have to publish in the paper what it cost to pick up your garbage. So in November of 1996, it
was published that for 1995, per household, it cost four hundred and eighty-five dollars ($485) to
pick up the garbage in the City of Miami. The Stierheim report, November 1996, says three
hundred and seventy-nine dollars ($379). Cesar Odio, in '94/95/96 - and we know how accurate
his figures are - said it was three hundred and twenty dollars ($320). And last Saturday at the
workshop, the Mayor said it was two hundred and ninety -something. So, I mean, we are telling
the citizens that we know what things cost, and we can't even come up with a figure to pick up
the garbage in this City? You still are not dealing with - and this comes from the Stierheim
report - the nineteen million dollars ($19,000,000) you need for a self-insurance fund, the forty-
three million dollars ($43,000,000) from the trust fund money that's been inappropriately spent.
Virrick Gym here, where is the eight hundred and ninety thousand dollars ($890,000) insurance
money? Are the citizens just supposed to forget that? The FEMA (Federal Emergency
Management Agency) money, the one million dollars ($1,000,000) from Dinner Key, that's
105 December 12, 1996
i apparently missing. Your unfunded pension liability, I don't really know - it's what? - a hundred
and seventy-six million dollars ($176,000,000)? Your long-term debt in the next five or ten
years, a quarter of a billion dollars, one point six of CDBG (Community Development Block
Grant) funds. If Cesar didn't do it, it's not legal. So this idea of taking one point six million
dollars of CDBG funds and transferring NET staff over there, you know, there can be... You
know, we've gone here today... there are no subsidies. You've raised boats, you're raising
licenses, you're raising everything in sight. Who said that someone who lives in a single-family
home or duplex in the City is more special than someone who rents an apartment or owns a
condominium? You know, why is someone on Northwest 7th Street with a condominium worth
thirty thousand dollars ($30,000) subsidizing someone in South Grove? You know, the garbage
fee needs to be raised to whatever figure you choose - two ninety, four eighty-five, whatever you
want - pick a figure and then vote it, because the other residents of the City have a right not to
subsidize the single-family homes. Thank you.
Ms. Diane Ragone: My name is Diane Ragone. I'm with the Laborers' International Union.
We represent the workers in the Solid Waste Department. Mr. Mayor, Commissioners, I am
extremely upset. We're all sitting here talking about the problems with the City of Miami and
how to solve them, and the suggestion I hear is putting 200 people out of work who live in the
City, who pay taxes, and put them into poverty through privatization. That is the real story.
Three years ago, the work force was cut by one third. They're doing the same work, more work,
they're economically efficient, they work efficiently, they keep the City clean.
Unidentified Speaker: That's right.
Ms. Regone: Let's deal with some real problems, some people who contribute to the City of
Miami. And I don't throw this out lightly, but it is the truth. It is the most majorly minority
department in the City of Miami. And I would please, please beg the Commissioners and the
Mayor, stop this privatization thought, please.
i
(APPLAUSE)
- Mr. Thelbert Johnakin: My name is Thelbert Johnakin, 1345 Northwest 51 Street. Mr. Mayor, I
guess that I'm like many more here. This is just like a nightmare. You go to bed at night, and
you hope the next morning that when you wake up, that you... it's just a dream. But this is not a
dream. We are hurting... This City is hurting many and many people, many and many poor
families. I'm here, really, Mr. Mayor and the Board of Commissioners, to discuss the North
Police Substation, a station that I have worked for awful hard, and this community have worked
for hard. Commissioner Plummer, you know more about this station because you have been
right there with me with the fights, the fight for the leaking roof, the gate won't close, furniture,
telephones, the POP (Push Out the Pushers) unit radios. We have "fighted" up until this day, and
we are still here fighting for this. And I just cannot understand, how can you all... How could
people that we elected, and what we have faith in, had faith in to represent us, for this City to get
in this predicament that it's in. You know, this is all wrong. I respect each one of you. Each
one of you I respect up there. But I am tired, and there are many more of us, we're tired. And I
ask you, Commissioners, please, do not close that North Police Substation, because when you
do, you close our community.
(APPLAUSE)
Mr. Hirschel Haynes: My name is Hirschel (phonetic) Haynes, and I'm chairman of the Hadley
Park Homeowners and Residents Association. Mr. Mayor and the Commissioners, I, too, am
here on behalf of the possible closing of the loth Avenue and 62nd Street substation. And I
bring to you the concerns of not only my area, which is Hadley Park, but the concerns of the
citizens for the whole area which surrounds that substation. We see no... The people see no
106 December 12, 1996
7M
possible way that the City can save any significant monies by closing the substation. What we
do see is we, the taxpayers, possibly paying an enormous additional amount of money for the
closing of the substation. These are the sentiments of the people in the area, and we come here
with the pleas and the sentiments of the people, asking you to please don't consider... I mean
don't... not to mention close the station, not to mention considering closing the station at 10th
Avenue and Northwest 62nd Street, because you cannot save any money there. You can only lay
the foundation for the City paying an enormous amount of money for the closing of the
substation. I ask these things of you, Mayor and the Commissioners.
Mr. Norman Charles: Norman Charles. Mr. Mayor, Mr. Vice Mayor, all the honorable members
of the City Commission, I wanted... was to wait until we was called up on 17, but when the
Mayor started again with the word, "privatization," this disturbs me. It disturbs me for a lot of
reasons. We had 600 people working in Solid Waste Department. It's down to 200. These
` people have worked hard, they have made sacrifices over the years, until right now. Everything
that this City needs, it goes to Solid Waste Department and takes it from them. Mr. Mayor, we
have cleaned streets better than anybody that you can name. And when you continue to tell them
about privatization, this is bad for... not only for them, but for the image of the City of Miami.
These people went through the Hurricane Andrew, and nobody was asking where the police was,
where the Fire Department was. Everybody had their aim based on one thing, the Sanitation
workers. We did a tremendous job out there. We did a tremendous job out there. And the only
thanks that any Sanitation worker ever received was when Pope John Paul came here. He said
Miami was the cleanest City in the world that he has ever seen. Mr. Mayor, we're going to ask
you to keep it like that. Thank you.
(APPLAUSE)
Mr. Vane Eubanks, Sr.: My name is Vane Eubanks. I live at 1039 Northwest 46th Street. I'm
i here to speak in... Mr. Mayor and Commission, I'm here to speak in behalf of the North Station
1 at loth Avenue Northwest and 62nd Street. As I stand here, I see the faces of many City of
Miami police officers that I've had an opportunity to work with through that station. I was there
for the opening, the ribbon -cutting ceremony of the station. I offered the dedicatory prayer for it.
4 We believe that since you say that that particular area is such a high crime area... You've just
1 gone recently and barricaded the streets from 12th Avenue to 17th Avenue, 62nd to 58th Street.
Now, if this be so, that this is such a high crime area, then... and if this be so, then we need the
visibility of policemen there. Then why move the station? We are partners with the police
department in that area. We are concerned about the community and the residents there. We
believe that the station is providing a good service. It has provided a good service since it has
been there, and we believe that it ought to continue to provide such a good service, and we are in
support of it. Thank you.
Pastor S. Atchison: Hello, Mr. Commissioners. I'm Pastor Atchison, 1140 Northwest 62nd
Street. I have been ministering in the area for more than 33 long years, and I certainly would not
like to see this station closed. I think the City, in the long run, would regret closing this
substation. I think it would cost us more for closing it than keeping it open. I know because I'm
there. I know because we're there. And I think in the years to come, we all will look back and
say, "If I had known then like I know now," then it will become one of those "could have, would
have, should have" deals. So I'm asking this Commission, if there be any way, find a way. And
then if not, then give us a chance to see if we can find funding to keep this station open, because
I know what it means for us to have this station open. One of the things that none of us want to
hear is for someone to point their fingers and say, "I told you so." So I ask you today, if it be so,
can find a way, let's keep this north station open. Thank you so much for giving me a chance to
express it.
Ms. Alberta Jenkins: Good afternoon. My name is Alberta Jenkins. I reside at 749 Northwest
61st Street. I am a property manager, apartment manager, CAA president, a representative for
107 December 12, 1996
rA
Carrie Meek as being a liaison between the community, and I came on behalf of the north
station. I sit here to a lot of the meetings, and they have the expertise to crunch the numbers,
which is good. I don't have the expertise as well as they do, but I do have the expertise to see
the bodies when they are crushed, when families are broken. You see, City Manager, our
illustrious Mayor and all of the Commissioners, I equate that station like it's become part of a
shopping center. That's our anchor. That's keeping the community. It has worked so far that
when they heard that it was closing, it went to the State level, it went to the Federal level, and I'll
tell you why I say the Federal level. Because I had three old ladies who heard that it was
closing, and they used to get their carts and felt secure to drive and go to the Winn -Dixie, or pull
their carts. They had to go to the doctor. So that's mean what... they're saying it's a harder price
on Medicare. What about, do they have the money for the 20 percent? I'm not going here to
beg. I'm not going here to plead, because we are all intelligent. I just want you to be like our
Mayor said. Nothing yet has been etched in stone. So just as nothing has been etched in stone, I
want you to have a conscience that's not in stone, that you're a human being. And I always say,
if it ain't broke... if it ain't broke, don't fix it. It's not a place that we just have meetings. It's
meetings that has started there, and we did so well that we had to move. And as far as the
response from the Chief of Police, Warshaw, said we won't have to worry about the... it won't
cut in our response time. Chief, the response time, what I'd like to see... Now, what I've been
noticing, living in the area, is the response been a old lady coming across the street, because she
feel safe, and maybe one of your officers say, "May I give you a hand?" And we been working
on that response time. We don't have... If you check your records, I had a police come to my
building and say, "We don't come here often. This is a good neighborhood." And if that anchor
can work... I'd like to say, be conscious about it. I have to tighten my belt. I had a business. I
know what you can do. But I know if you divide things, just take a little over here and a little
over there, we can compensate and get that good thing to stay right there. It can be done. So I
just thought... I will not beg you. I just say, just think about it. And have a good day, and thank
you very much.
Mr. Ralph Packingham: Good afternoon, Mr. Mayor, Commissioners. My name is Ralph
Packingham, a citizen. My feelings have been expressed to each one of you before, and I'm sure
you received some phone calls. The community behind me has just spoken. There's nothing
more that I could add to that, other than I do agree with Ms. Jenkins. I will not beg. I'm here to
ask for what is rightfully... belongs to the community. And I would appreciate that remaining as
it is. Thank you.
Commissioner Plummer: Where are we?
Mayor Carollo: OK. Anyone else would like to speak? Ma'am, come to the mike.
Commissioner Gort: My understanding is, Mayor, we're not taking any decision here today on
the police station...
Mayor Carollo: No, no. In fact...
Commissioner Gort: Well, I'd like to suggest for the Chief to send someone, or for him, himself,
or his staff people to go to this neighborhood and talk to these people on whatever plan he's
going to do. The fear these people have, if you close the station, "What's going to happen to the
police presence in my neighborhood?" I think the Chief should try to set up a meeting in those
two neighborhoods, and go visit the individuals.
Ms. Edith Washington: Good afternoon. My name is Edith Washington. I'm a member of the
Floral Park Homeowners' Association, and I'm a housewife. I am here in behalf of the members
of the homeowners' association who are working, the senior citizens who could not be here,
those who are on walkers, and walking canes, and couldn't show up today. Now, all of you
108 December 12, 1996
En
sitting up here in these chairs haven't been to that station. You probably went there when they
had house warming. You probably looked at your TVs and heard Channel 4 or Channel 10, and
whatever channel talk about the crime. You refer to it as Liberty City. We live in the Floral
Park area. And sometimes, even the police, on weekends, are afraid to ride over there in their
cars, even with a dog. OK? Ride over there some Friday, Saturday, when it's bad, when you're
scared to come over there, even afraid to look out your window, when the windows are up.
You're sitting up in those chairs making rules and "We can do this and we can do that," but it's
not like living through it every day, all day, all night. Liberty City is part of Miami. Liberty
City has a history. And it's time for us who are rule building bodies to stop talking so much, use
your eyes, get in your car, and go around and see. On the weekends, on Fridays, when drugs are
out, you're afraid to go down the street. The people live that every day. Talking about it is not
going to help. You're going to have to put yourself on the line. And, yes, death will come if you
want to make Miami a place to live. Like we used to hear the song years ago in Carolina, a
moon over Miami, we would... I don't believe it. We live here. Miami is a big City. People
from all over the world come here to visit the beach and everywhere. But when it comes to
Liberty City, all of these things that happen that are bad, they flash it on the TV screen. You
never hear nothing nice about Liberty City. Everything is crime. And it's time for us to stop
sweeping all this trouble under the table and start doing something about it. Thank you very
much.
Mayor Carollo: Thank you. One...
(APPLAUSE)
Mayor Carollo: Go ahead, sir.
Commissioner Plummer: Mr. Mayor, before you do, can we ask the people to comply with the
sign outside the door, and help the PSA (public service aide) out there? You're invited to come
in and have a seat or go to the outside. There are seats here available, and I think that they
should leave those doors open, please. Thank you.
Mayor Carollo: Go ahead.
Mr. Albert Gisbert. Albert Gisbert, 2450 Southwest 24th Terrace, also a fire fighter and a citizen
with the City of Miami. First of all, I would like to thank you for pulling the rabbit out of the
hat. Hopefully, it's not a trick, and it's a reality. And I'm...
Mayor Carollo: It's not a trick. And let me say this to you. Shorty made a statement before that
said that for the third year, on the long-term recurring that it was around ten million. These
numbers here are solid for this fiscal year and next. But on the long-term that he said was ten
million, it's over thirty million. And that's based on these numbers. Actually, those are very
conservative numbers, so that thirty million should be considerably higher. And that does not
include the bad "P" word that I said before that I won't mention again.
Mr. Gisbert: Also, as was stated earlier, as an employee, we basically wrote a check for four
thousand dollars apiece, already. As a citizen of the City, I'm prepared to write another check
for an increase, which is necessary. And the Governor knows it's necessary, and the Oversight
Committee knows it's necessary. And for the citizens who don't believe so, the garbage fees is
going to go up, whether it be five dollars ($5) or doubling, which I doubt is going to happen. We
don't have right numbers. We've heard many different figures of what it's actually costing the
City. But once the correct number comes out, it is going to be higher than the one -sixty being
charged right now. So that is going to happen. Again, hopefully, all these figures are
conservative, as you say, and we won't be back here in a couple of years trying to fight again for
our concessions that we've already given up. Had we had these figures prior to our concessions,
109 December 12, 1996
0,
as the police is sitting back there listening, maybe we wouldn't have to have given up the four
thousand dollar ($4,000) check. Thank you.
Mayor Carollo: I thank you for your statement, but let me say this. Because you're seeing a
little more dollars made than you anticipated we could save or bring in new revenue, it doesn't
mean that things are all well. What it means is that maybe we're going to be having the reserve
that we need for future years, like we should have in the City of Miami. The third year is the
critical year for us. As I'm counting monies that we will have in long-term recurring for the
third, fourth, fifth year and beyond, I'm counting somewhere around forty million hard dollars
($40,000) that we'll have. That's including the over thirty that I mentioned here, and including
some of the additional monies that I had covered before. It's about forty million, maybe a little
more, of the real long-term recurring. For next fiscal year, it will be at least close to the fifty-
four million that I mentioned. But the difference is that in three years, it would have given us the
time that we need to bring in a lot of the new recurring dollars that this City will be having. You
have to keep in mind that for the last eight, nine years, our dollars coming into the City of Miami
i have been flat. Property taxes... What we've been receiving from property taxes has been flat.
But at the same time, everything else was going up. We had some normal expenses in salary
increases during an eight- nine-year period that's just normal. I'm not going to question that.
But we all know that there were many areas that, you know, we just threw money out the door.
And what we have to do is to work together. We have to work together to solve the crisis in the
deficit this fiscal year, to make sure we have enough recurring dollars coming in next year, and
then to make sure that we're going to have the right foundation for the third, fourth, fifth, for the
j next thousand years, so that Miami will never, ever again have the financial mess that we see
here today. Thank you.
Mr. Gisbert: Thank you.
Commissioner Plummer: Is there a representative here of the FOP (Fraternal Order of Police)?
They've been conspicuous by their silence. Is there anybody here from FOP? Because I'd like
to know it, because they're going to vote, as I recall, on the 20th of December. And we don't
have another meeting between now and the 20th of December.
Commissioner Plummer: Tony?
Mayor Carollo: Tony, why don't you come over here, Tony, since...
Commissioner Plummer: I'd like your comments on the proposal, because you're going to vote
on the 20th, and we're not meeting again until the 23rd, maybe.
Mayor Carollo: Well, we're probably meeting before, Commissioner, I assure you. But...
Commissioner Plummer: So I'd like your comments.
Mayor Carollo: ... its cutting it close on the 23rd.
Mr. Tony Rodriguez (Fraternal Order of Police): Tony Rodriguez with the FOP. Several weeks
ago, I stood here in front of all of you and I said that the first vote that the officers made was not
a vote of unwillingness. It was a vote of mistrust. And I asked each and every one of you to
make some of the tough political decisions that I thought you needed to do, and to show some
leadership. Now, last... Yesterday afternoon, I met with the Mayor, Shorty and I, and we went
through these numbers, and I appreciate the Mayor having done that. Till very late last night, we
went through these numbers, some of which I can't verify, but some of them look very real. I
think this is a first step, and it's a good first step. We're confident that the tough decisions are
going to be made. The only thing that concerns me is, once again, on what Shorty said is on the
110 December 12, 1996
recurring revenue. I understand that some of this that is labelled as recurring revenue is short-
term, but that's the realities. I mean, that's the way we got to look at it. But I would hope that
you consider ways to increase the recurring revenues for years to come. Because, quite honestly,
in a couple years, you know, we don't want to be in this again.
( - Mayor Carollo: Absolutely.
Mr. Rodriguez: One of the things that I do see as a sign of good faith and as a plus is that you
listen to one of our ideas. I told the Mayor and I told the Manager that you must not forget that
your number one resource in this City is not your waterfront property, or none of those other
things that you've mentioned. It's your people. And you have some very good people on your
work force that have worked very hard, and are willing to do their part, and have very good
ideas. I personally presented the idea to the Mayor regarding the ordinance that you read today
on having the waiver for the efficiencies and all that... not to get into a long discussion. But you
listened and you considered it, and that's a good sign, in my eyes. So I think this is a good first
step. I've said it earlier today to some of the media, and we were all here, the police officers
were here, and we wanted to show you that we're concerned, that we're united, and that our
voices are going to be heard, and that we want to make sure that you understand that we care,
and that we want to do the right thing. I think this is a good first step, and I'm hopeful that you
will continue in this.
Mayor Carollo: Tony, thank you for those words. But let me update you in some numbers that I
gave out, because you were outside, and I don't think you heard it. I don't think anyone
challenged the numbers that I gave for this fiscal year and next fiscal year. Shorty's concern -
and rightly so, I agree with him - is what happens on the third, fourth, fifth and from then on?
Because in the third year, the concessions are up. We have to give you a four percent raise,
which we will. And I want you all to hear me clear. We will be there, and giving those raises,
when this concession period is up. And at the same time, he is concerned that we lose some of
the cops grants that we've been getting. What happens then? And lie was under the impression
that out of the almost fifty-four million dollars ($54,000,000) that I showed of recurring revenues
or savings for next fiscal year, that in the third year, that comes to ten million on the real long
term. That's not so. Even with my own numbers that were very conservative, as I said, we have
over thirty million in the third year, the long, long-term recurring revenues coming in. And if we
include concessions from the Solid Waste Department... And "concession" is not the right word.
It's the right management. And some of the graft that's been going on and more in that
department where we could at least save five to eight million dollars ($8,000,000) in that
department. Or - I'll use the "P" word again - we privatize. That's at least eight to ten million
dollars ($10,000,000) that we save. So in reality, what we're looking is that for the third fiscal
year's budget, we will have, at the very minimum, some forty million dollars ($40,000,000), and
probably more of recurring revenues right now. What we don't take into consideration is that
three years from now, we're going to be having substantial amounts of more dollars coming into
the City. For instance, I had mentioned two major investment groups that are going to be
investing in Miami over a billion and a half dollars. One is planning to do a billion dollars in
five years. The other is in about seven years. Once all this is completed, this is going to be
recurring revenue of, minimum, eighteen million dollars ($18,000,000) every year in additional
dollars that we will be receiving. That's for the City of Miami, not including what Dade County
will get or the School Board. One building alone that I know is getting the permits right now to
go up, ninety-one million dollar ($91,000,000) building, that's going to be bringing the City of
Miami well over a million dollars ($1,000,000) a year within no more than two years. In other
words, by that third year, that's over a million dollars ($1,000,000) that we are going to have on
the books. You have Santa Maria that's almost ready to go on the books. You have other
projects that are being planned right now, that I know about, not including things that we need to
do and plan with many of our properties. So...
111
December 12, 1996
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Mr. Rodriguez: Let me just say something real quick, Mr. Mayor, in regards to the grant
situation that Shorty brought up. Now, I'm familiar with that, obviously, because it involves the
Police Department.
Mayor Carollo: Yeah.
Mr. Rodriguez: And I believe that after these three years, there's going to be more grant monies
out there, as long as we're aggressive in pursuing those grants.
Mayor Carollo: Yeah. But we can't... We can't depend on it. If it comes in, great. But he is
right. We need... And we're doing that, preparing, just in case that no more grants come.
Mr. Rodriguez: Right. And I understand that. And when I look at this, I consider that. But I'm
aware, and I'm confident of the Chief's abilities to aggressively pursue grants, and I'm sure that
his staff does. Now, another thing is... that I agree with you in is that you said this isn't etched in
stone. And we just met for the first time with these numbers yesterday, and it was basically
going over them. And I'm confident that we're going to meet in the future and fine-tune this a
little bit. Now, but what I do want to say is... and we continue to say none of this is etched in
stone. Well, we better get out the chisel and start etching some stone, because every day that
goes by, that expense goes up.
Mayor Carollo: Yeah.
Mr. Rodriguez: And that debt goes up. So what I'd like to see is, let's start, you know, let's start
moving on some of these things, because, gentlemen, I need not tell you, time is money. And
that's the way we feel about it.
Mayor Carollo: Well, that's why we moved in many of the things that we could move at, as of
now, so that clock ain't ticking and the money's going out the door. At the same time that we're
saying this is not chiseled in stone, and it's not, we better have something in stone before the end
of this month, because we don't want to wait until the 3rd to give the State of Florida the final
proposal that we're going to give them for them to look at. We need to finish it, hopefully, by
f the 23rd. We could certainly have one more shot after the Christmas holidays to come back and
before the New Year, but I'd like to see if we could do it by the 23rd. So that means that there's
going to be a lot of additional meetings, and a lot more of us staying up till three and four in the
I, morning.
V Mr. Rodriguez: You won't get any problem from me. I hope that answered the Commissioner's
question.
Mayor Carollo: Thank you very much.
i
Mr. Rodriguez: Thank you very much.
Mayor Carollo: Ma'am.
Ms. Geloye de Cespedes: Good afternoon, Mr. Mayor. Good afternoon, Commissioners.
Mayor Carollo: Good afternoon.
Ms. de Cespedes: Good afternoon, City of Miami residents. I am... I was the job counselor for
Little Havana. And the gentleman is the job counselor for Little Haiti. As you may know, we all
been fired. Fired. And Mr. Ed Marquez fire us. He fire us by this, signed by him, by... It was
sent in registered letter, "End of unclassified appointment due to budgetary reduction." As you
i
112 December 12, 1996
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all know, we don't depend in the budgetary reductions of the City, because we do receive
Federal grants. We are not, Mr. Marquez, on this thing new. OK. He's representing all the
Haitians that were thrown out of their position. The gentleman been there for 12 years, Mr.
Dorsey. OK? Another gentleman, Haitian, was 11 years and a half. As you can see, we're all
expertise in the HRS (Department of Housing and Rehabilitative Services). And we do care that
you care about insensitive community needs, in reference to the firing of the Haitian staff, Little
Havana, and Coconut Grove. No directions to staff, no meeting within the past three months,
and no contact with staff on our nine -month new director, Mrs. Gwendolyn Warren.
Administration has not mentioned new welfare reform. As you all know, welfare has been cut,
and they do need expertise to put people to work. We are the expertise. I am a social worker,
and I worked for the government for the last... since 1968, I'm a social worker. And we don't
understand this. This is why we are here, because they are asking us why. We really don't
know. We are now part of the problem; not the solution, as before. We were a part of the
solution. We were taking people out of welfare, putting them to work, and giving them
education through the City by Private Industry Council, as you know. That means PIC. Also,
the department funding, as I stated before, is not in general funds. It's in Federal funds.
Individuals comments from Neighborhood Job Program Administration is welcome.
Mr. Jean Dorce: Good afternoon, ladies and gentlemen. My name is Jean Zachary Dorce. I was
a City of Miami employee for 12 years, as the lady just mentioned to you. And I've been
studying all the committees as whole. The Haitian community, Hispanic, and the American
communities. I got laid off December 7, as the lady mentioned, for budgetary reduction. I just
work with Mrs. Warren in a project of getting back to the City of Miami over a hundred
thousand dollars ($100,000). It was spread around Dade County public schools, and also Miami -
Dade Community College for year '95/96. And I have all the papers for '94/95, and I estimated
over a hundred thousand dollars, again, I was going to work with. And I asked permission to my
immediate supervisor, Keith Cross, "Should I go on with that?" And he said, "No, Ms. Warren
doesn't want that because it doesn't belong to her administration. It belong to the previous
administration." And I mentioned to him, "What has that to do with collecting money that is
sitting out in the schools? Regardless what administration that does belong to, we need to get
that money back to the City of Miami." He mentioned again to me, "No." And all that paper sit
there, money that should be collected. And yet, I'm getting laid off because of budgetary
problems. There are two cars rented from Royal Rent-A-Car, sitting there on the street for the
past six months. Each car five hundred seventy-four dollars ($574) a month. And they're sitting
j there, two cars, dead battery, dead starters. And yet, we got laid off because of budgetary
problems. And I ask Ms. Warren and all the administration, show me where I have not been
productive for the City of Miami, and all of my colleagues, that we have not been working for
the City of Miami. For 12 years, I put my blood in. And now, I'm laid off. Where is budgetary
problem? I have not heard the Mayor or any Commissioners mention lay off and all these
people that's been talking about layoffs, I have not hear any one moment they mention lay off.
They try to solve the problem by going to other channels, but not lay off anybody. We become a
part of the problem; not the solution to help the City. Now, by lay off all the Haitians, three
Haitians... We have over 150,000 Haitians in Dade and City of Miami. Now, you let go all of
them. There is nobody for the Cuban community to serve. There is no one in Coconut Grove to
serve the black population there. I think the City have now a problem already with Coconut
Grove. The City have already too much problem to help already, then you going to have the
communities come back now, go to radio, to TVs, to all kind of channels to back fight the City
of Miami. We don't need that. All we ask the Commissioners and the Mayor is to put us back
to work, to serve the community, not to be a part of the problem for the City of Miami. Thank
you very much.
(APPLAUSE)
Commissioner Plummer: Mr. Manager, I'm sure you'll be looking into the two cars that are
parked...
113 December 12, 1996
Mr. Marquez: Absolutely.
Commissioner Plummer: Because I think the only rental cars, as I remember, from Royal Rental
go to the Police Department. You'll look into it.
Mr. Marquez: We'll look into it.
Mr. Oscar Braynon: Good afternoon, Mayor.
Mayor Carollo: Excuse me for a minute, sir. I'm sorry, I apologize. Is there anybody else that
wants to speak? Because if not, we're going to make this gentleman the last person to speak.
Commissioner Plummer: There's one man over there.
Mayor Carollo: OK. All right. These two gentlemen, then, will be the last two to address the
Commission.
Mr. Braynon: Thank you, Mayor. Good afternoon, Mayor, Commissioners, Attorney and Clerk.
My name is Oscar Braynon. I'm from the Office of Metro -Dade County Commissioner Barbara
Carey, District 3. District 3 encompasses a major portion of the City of Miami. Commissioner
Carey did want to be here today. That's why I've waited so late to speak. She's not going to be
able to speak this afternoon. However, she did ask me to mention two things to you gentlemen.
First of all, she feels very strongly about the preservation of the police substation in the Model
City/Liberty City area. She feels that that's an anchor for that community, and that the
perception of public safety is very strong with that station there. The second item is the
preservation of the sanitation workers within the City of Miami. She has very strong feelings
also against privatization, primarily because the workers do live in her district, and they do live
in the City of Miami. In terms of the issues you have to address with your garbage fees, that's
up to you. The bottom line, she feels she wants those jobs to stay, and she wants the substation
to stay. Thank you very much, gentlemen.
Mr. George Valdez: I think I going to talk about the garbage, you know. Everything always
happen. They always go on top of the taxpayer. Do you ever think about it, the salaries the
high, top people make in here? Because most of the people in Miami, I believe almost 90
percent of the one in here, they don't make more than twenty thousand dollars ($20,000) a year.
Commissioner Gort: Excuse me, sir. Excuse me, sir. We need your name and address.
Mr. Valdez: Hmm?
Commissioner Gort: Your name and address.
Mr. Valdez: My name?
Commissioner Gort: And address.
Mr. Valdez: George Valdez. She got it. OK? Well, the thing is, we always pay the blame. We
already has to pay. You want to put a window in your house, you got to get a permit. You want
to sell a bunch of things that you don't need it, you got to get a permit. The City of Miami got so
greedy over these years. I live here for 40 years. I never see such a thing the way it is. I believe
this particular case about Mr.... Mr. Odio, for example, a hundred and fifty-three thousand
dollars ($153,000) in the City. Because almost everybody, like me, old people making ten,
fifteen thousand dollars ($15,000) a year. It doesn't make any sense, in my opinion. Why the
114 December 12, 1996
t
City has to own the garbage, almost everything? Just privatize the thing. You will see it going
to cost a lot of money less. Because I believe, how can we go? Another thing is the crime. In
front of my house is a bunch of people drunk. That's... they calling here homeless. But if you
make them urinate, you will see the homeless, they got cocaine, they got marijuana in it, and we
call it homeless. Why, we got to pay for those people? Every city is like that. Why we got...
The school here so overcrowded, the tax always high. Make the people pay, regardless of their
status in the country, make them pay something. At least we going to pay something, because
everything go on top of us, us. Until when? You know, when I came here that this... this
country, Metro doesn't exist. Exist after. And I saw the way the Metro, they pushing the guy
who owned the buses, Mr. Pickins or something. I remember that. They put him out of
business. And the people went by truck... but let me not talk about that. That's so many years
ago. Chief, you can at least clean the streets of Miami. This is murder. I been robbed 15 times,
assaulted one time. It's just ridiculous the way we're living.
Commissioner Plummer: Sir, where do you live?
Mr. Valdez: Eleventh Avenue, between Flagler and 1st Street.
Commissioner Plummer: And over how many... period of what years...
Mr. Valdez: Fifteen times, 15.
Commissioner Plummer: How long? In 40 years?
Mr. Valdez: In three years. In three years. I got a...
Commissioner Plummer: In three years.
Mr. Valdez: I got a bunch of police cards, the yellow ones for this, and the... The last one, the
attorney send me, the City of Miami Attorney send me, we cannot get the guy because we don't
know that guy address. The guy is in jail for another case. They don't want to bother. It's just
like this all the time. Nothing. You know, what more bother me is, for any little thing, you got
to pay. Until when? See, I'm retired. I make no money, almost. But still, cost more, and more,
and more. That's all I have to tell. Especially the crime and the high salaries, and the top
people. I can't imagine. The guy now, I think... Yesterday, I heard the School Board, a hundred
and eighty-five thousand dollars ($185,000)? The prices of the City, the people made the salary,
I think that they the highest in the country. I been in a lot of places in this country. Well, that's
all I have to say.
Mayor Carollo: Thank you, sir.
Mr. Valdez: Bye.
(APPLAUSE)
115 December 12, 1996
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----------------------------------------------------------------------------------------------------------------
32. VICE -MAYOR REGALADO REQUESTS POLICE PROTECTION FOR
NICARAGUAN PRESIDENT-ELECT ARNOLDO ALEMAN DURING HIS
STAY IN MIAMI FOR THE CARIBBEAN LATIN AMERICAN
CONFERENCE -- DISCUSSION.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: All right. We're now at two -twelve in the afternoon, about two hours and
twelve minutes after we were supposed to break briefly. Commissioner, what I'd like to do, if
it's possible, I want you to have sufficient time to go over everything that you do. The bulk of
the people are here to wait, I think, for item 17, for us to handle. Let's handle that, and then let's
see what's the will of the Commission, if we want to break for an hour or...
Vice Mayor Regalado: Mr. Mayor.
Mayor Carollo: Yeah.
Vice Mayor Regalado: Before we begin with item 17, I just got a call... As we all know, the
City of Miami is hosting the Caribbean and Latin American Conference. And we have several
heads of state here in the City of Miami in the Hyatt Regency. The U.S. Secret Service is
protecting every head of state except one. This is a very special case. The President Elect of the
Republic of Nicaragua, President Elect Aleman is here attending the conference, and he has been
told that the police car that was given to him when he arrived in Miami would be withdrawn at
nine p.m. tonight, because of economic reasons. I don't know if the Chief can address that. He
cannot be protected by the U.S. Secret Service because he's not in office yet, but as you know,
three attempts on his life have been made in Nicaragua in the past year. So I don't know. What
can we tell his people and the President Elect of Nicaragua?
Mr. John Brooks (Assistant Chief of Police): Commissioner, the United State Secret Service
came to us on this particular conference. We do this every year. They came to us and asked for
our assistance on that. And we assisted them on this. The particular person, Mr. Aleman, is not
entitled to Secret Service protection, but we worked with them, and we protected him and
assisted him while he was here at the conference. The conference breaks today. Tomorrow, he
has one function that's in the City. We will cover that. He goes out into the County, all of his
other itineraries are out in the County. We've contacted Metro -Dade. They're going to pick up
security on him. It's covered.
Vice Mayor Regalado: I understand that. Although... he's staying at the Hyatt Regency.
Mr. Brooks: Yes, sir, that's correct.
Vice Mayor Regalado: And he will be staying at the Hyatt Regency until Sunday.
{
Mr. Brooks: Right. And when he comes back in the City, we'll make sure that it's covered.
r
Vice Mayor Regalado: I understand that. So I can assure them that as long as he is in the City,
he will have City of Miami Police protection.
Mr. Brooks: Yes, sir. t
Mayor Carollo: Chief, if we could confer the minute we break on that subject. The last thing
that we need is for the next President of a country to go back with feelings like that. So I want to
116 December 12, 1996
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make sure that if, indeed, someone told him that or somehow any of his assistants got the feeling
that someone told him that, that that's immediately corrected.
33. DISCUSS PROPOSED ORDINANCE TO INCREASE SOLID WASTE
(GARBAGE AND TRASH) FEES -- MOTION TO APPROVE FAILED.
Mayor Carollo: Anyway, let's move on then to 17, and then we'll come back, either break or do
your... Mr. Manager, a first reading ordinance amending Chapter 22 of the Code of the City of
Miami, Florida, as amended, entitled "Garbage and Trash," more particularly, amending Section
22-12(a), thereby increasing waste fees.
Mr. Edward Marquez (City Manager): Mr. Mayor, this ordinance I would like to have passed on
first reading to keep all our options open until the board determines... until the Commission
determines what the final adopted plan should look like.
Mayor Carollo: Gentlemen, I think we've all somewhat been clear of our distinct positions on
this. I open it up for discussion or for any types of motions that anyone would like to make.
Commissioner Gort: Mr. Mayor, looking at the numbers, it's important for people to understand,
if you pass this on first reading, that doesn't mean you have to pass it at second reading.
Mayor Carollo: That's correct.
Commissioner Gort: We've always said we want this to go back to the department, come back
with numbers, what's going to happen when you reduce it, the cost, when you reduce some of
the services. I don't think we've got that information yet. But looking at the number
realistically, I checked around. In some cities where the private sector is doing it, it would cost
fourteen million six hundred and twenty-five dollars ($14,000,625) more or less. That's the cost
of providing the services. My understanding is, right now, our fee comes out to ten thousand...
ten million seven hundred and ninety, which is a gap of about three million eight -three -five.
Doubling might not be the answer. I think it might be less than that. But I'm ready to move on
the first reading for the reasons that... And we can do this at a lot less number. It can be twenty-
five. And I got different numbers that can be applied. It can be twenty-five, it can be forty. But
I think somehow in the future, we need to do something with this fee, and we need to take a step.
I think in the past, one of the biggest problems we had, nobody wanted to take this position
before, five or six years ago, where some small increase could have taken place, a gradual
increase, and not a double increase, like is proposed today.
Vice Mayor Regalado: Mr. Mayor.
(APPLAUSE)
Vice Mayor Regalado: If I can say just a few words. I live only a few blocks away from the fire
fighter that was here before the Commission a few minutes ago. And since about three weeks,
more or less, when the crisis became so public, in about 12 square blocks, areas in the
Shenandoah area, I have seen 14 "for sale" signs in several residences, same number of
residences. I got up and talked to two or three of these people wanting to know, because I go by
most every day on that area and knocked on their door, and asked them why they were selling
the house. So one of them recognized me and said, "Because you guys are going to tax us to
death. And now, with this garbage fee, I'm selling the house and I'm moving out of the City of
117 December 12, 1996
Miami." And these people were living there for about almost 20 years. I believe that because
i we are dealing here also with a perception, and also because the crisis of Miami has become a
major national news... Just look at the Time Magazine article of about two days, "Gloom Over
Miami." If we, on first reading, approve this ordinance, only to see if we can raise seventy-five
cents the garbage fee, the perception that the people of Miami are going to have is that we have
increased the garbage fees. And we love Miami so much that we're going to tax it to death.
That's some of the perceptions that I am getting from people who just cannot pay. I could, but a
lot of people cannot pay. So I guess that many of you know where I stand on this issue, but I just
want to say that because of the... perception sometimes is more important than reality. If we
approve this on first reading, whatever we say, whatever we explain, the people are going to
believe that we just did it. Thank you.
Commissioner Plummer: I have long been on the record that fees have got to go up. Tipping
fees is what the City's big expense is in garbage. As I recall back when I first came here, it was
six dollars ($6) a ton. Its now up to fifty-four dollars ($54) or forty-five, depending on where
you deliver it. And it's going to go up. There's rumors that says - and they are rumors - that it's
going to go up into the sixty, seventy and eighty dollar bracket before the end of the century. If
we can use any number, it is a number of cost that no other area around is less than the proposed
three -twenty that the City is... that has been proposed in the matrix. I don't like the idea that I've
got to pay more money, because I live in the City. And I don't like it at all that I've got to pay
more money. But, you know, as a businessman, I've got to be realistic. I've got to be realistic
that it's costing three -twenty or more. And, you know, these people that are out there that are
talking about possibly dissolving the City, it will never happen. But if they were successful, the
minute it's dissolved, they pay three hundred and forty-nine dollars ($349) as a County resident.
Now, I'm willing to put it on first reading today. Nothing would please me more than to
demonstrate before the second reading that we don't need it, and we don't approve it. But I
cannot lock the door and say that even though the Oversight Committee has not spoke to it...
One member last night on television said, "They've got to be realistic, that Commission. It's
costing more money." And that's where the thing came from. If they go to the County, she said
they're going to pay three forty-nine. So that, to me, was one opinion of one member of the
Oversight Committee. We're into a time bind here. And that's what I asked the Manager
before, and I asked the Mayor before. We've got to deliver to this Oversight Committee by
January the 3rd a proposal that has a realistic recovery. And if we don't, they're going to hand
one to us. And I would rather do it on our terms, which we feel that we have the expertise in
house to do. So all I can say to you is, it hurts to make the motion or vote for the motion, but
you've got to be realistic and keep the door open. And I would hope before second reading,
someone can demonstrate that it's not necessary, and we don't have to vote the second time.
(APPLAUSE)
Commissioner Hernandez: Mr. Mayor, as you know, I've stood firm on my position against the
increase of solid waste fees from day one. I am still not convinced there is a need to increase the
solid waste fees. After we come from the break, there will be a presentation of an analysis of a
group of people that I've put together which analyzed the strategic financial plan with me since
the day I was sworn in. Not only have I tried to justify my vote, but I've proven that the
justification is meritorious, and you will see that, once again, once we make our presentation of
the analysis and our recommendations. At the same time, I've tried to compensate for the loss of
those ten million dollars that will be created from the increase of the solid waste fees. I have
some recommendations that I've mentioned in the... last Thursday and last Saturday through our
workshops. I think the rest of the Commission has come up with other revenue enhancement
measures that will come up with the ten million dollar ($10,000,000) loss of not increasing the
solid waste fees. And I will maintain firm today, and vote against the increase in solid waste
fees.
118 December 12, 1996
Commissioner Plummer: I would ask, Mr. Mayor, that we don't vote on this until after we come
back. I'd like to hear the proposal that Mr. Hernandez has. I don't think I'm going to be
changing my mind, because really, my motion was like the motion with the fire fee. It's to keep
the door open, to keep the door open, to not lose one of our options, if, in fact, we have to have
that option. So I would like to wait until after I hear the other proposal, when we come back
from lunch.
Mayor Carollo: OK. But Commissioner, we...
Vice Mayor Regalado: But can we just vote on it now and...
Mayor Carollo: Well, we could certainly wait to get a proposal, but I would say this to you:
That whether the proposal that he has changes your mind or not, obviously, mine... with seventy-
one plus million for this fiscal year and almost fifty-four for next has them. So whether his does
or not... And I've looked at what he has. He's given it to us. I don't think it's going to matter.
You know, you're just going to be joining a majority that are not going to vote for the garbage
fee increase.
Commissioner Plummer: You and I are not going to make the final decision. The Oversight
Committee, in effect, is going to make the final decision. And we don't know what that
Oversight Committee is going to say.
Mayor Carollo: I don't necessarily agree with that, Commissioner. I think as long as...
Commissioner Plummer: Oh. Well, now, if you know something different, please tell me.
Because that's the time bind that I'm talking about.
j Mayor Carollo: OK. Commissioner, we all know the obligation and duties of the Oversight
Committee. But at the same time, I think they want us to present to them solutions, real
solutions. And I think if we present them real solutions, they're going to respect that. Now, if
what we give them is hollow, we can't back it up, that's a different story. And if they have
nowhere else where to find funds and to be able to resolve the financial crisis, then obviously,
that's a whole different story. But, you know, this whole garbage fee, it's like... It's become a
"jihad" for some people. It's... What's the word that some use today? It's all of a sudden
become, for some, politically correct. I mean, I'd be willing to bet that we could find a hundred
million dollars ($100,000,000) today, and those same people would be saying, raise the garbage
fee, you got to raise the garbage fee. And it's almost become, you know, a kind of issue that it
doesn't matter whether we truly have to do it or not, you know. "Hey, I'm going to be right and
it's got to be raised, no matter what." And, you know, Commissioners, we say that our garbage
fee is low. And I would say to you that there are many cities out there that have even a lower
garbage fee than we do, a hundred and sixty-six dollars ($166) that we have. Not one -sixty. One
sixty-six. Some don't even pay a garbage fee. These are cities right here in Dade County. But
the truth of the matter is that we have the most expensive garbage fee of any city in South
Florida, and we have been paying the most for garbage and trash collection than any city in
South Florida. You know why? Because we've been paying our garbage fee the way that
traditionally, most cities did it, the way that I would have like to have seen most cities still do it,
where you could deduct it out of your income tax through your millage rate. Our millage rate is
almost 9.6, and that's where we've been paying the garbage fee from. Would the same people
that scream about raising the garbage fee, would they feel the same way if we took it out of the
millage and then put it into the garbage fee? The they'd be saying, "Well, you got to raise the
millage up to ten points, the maximum." So that... You know, when we talk about a low
garbage fee or a high garbage fee, let's compare all taxes the way we should. Let's compare
apples to apples, oranges to oranges. You know, it can take any fool to come up with a solution
to solve any crisis, raise taxes. You know, this has been what traditionally has always been the
119 December 12, 1996
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solution. But you know what? The one thing that would kill the City of Miami the quickest
would be to keep raising taxes. Because people are just not going to want to live in the City of
Miami if we're going to keep raising taxes, no matter what we call them, whether it's a tax that
is called a garbage fee, or another. But what we have to work on is to truly find recurring
revenues to keep the City afloat, to find the solutions that is going to attract people to come and
invest in our City, to build in our City, to establish themselves in business in our City. You look
at many areas of our City, the density that we have, that we allowed for contractors to build is so
low that the reason they don't build and construct in our City anymore is it's not financially
profitable for them anymore. But then you look at other cities, like the Beach and many other
cities around us, in the same lots that we have, they can build 12, 15 units, eight units, where we
limit our people to three to four units in some of the same lots. I would be willing to bet that if
we changed the densities - and this is one of the things that I'm going to propose in the near
future - in different neighborhoods, you're going to have all kinds of new contractors, investors
buying up land, tearing up old buildings so they can construct new buildings, new buildings that
are going to bring the revenues that we need for Miami, and you're going to have a lot of people
that right now can't find homes to live in in the City of Miami or can't afford the high prices
they have to pay presently because we're limiting what we have available. They will move from
South Dade, West Kendall and other areas back into the City of Miami. You know, the solution
to making Miami financially strong is not to tax people to death, but to do what the private sector
has done best, and that's by stimulating them for the private sector to bring the revenues that this
City needs, and for government to do what is politically correct in management of the City's
financial affairs and dollars in the right way.
Mr. Jim McMaster: Jim McMaster, 2940 Southwest 30th Court. Mr. Mayor and
Commissioners, we spent about five and a half hours here, and you spent the majority of the time
raising fees. And we're willing to raise fees on construction people, and on the boaters and...
You know, we are willing to raise fees on everybody, so everybody pays what it costs for the
City to perform a function, and that's the way it should be. The contractor going downtown to
the City office building should pay for whatever he needs. Suddenly, we get to the one big item
we have, the one item that can raise the most money, and suddenly, everybody else in the City
pays their way except for single-family duplex up to quadriplex. Now, the issue here is, why is
this Commission discriminating against commercial property owners, against someone who
owns a small apartment on Northwest 7th Street? They're paying high taxes, and their taxes are
paying to subsidize the more affluent single-family and duplex homeowners. So it's my
understanding, from what I read in the paper that your union concessions are contingent upon
your doubling the garbage fee and...
Mayor Carollo: No, sir. Let me read to you...
Mr. McMaster: Well, I've heard sort of rumblings here.
Mayor Carollo: Let me read to you what the union concessions say. Now, anyone could
interpret them any way that they want to. But this is not what the union concessions say. All
four contracts that were given to us, three that were approved, one has not yet been approved,
nowhere does it say that we have to raise the garbage fee. The wording is quite different.
Mr. McMaster: Yes, sir, you're right there. I just had read in the paper that the feeling was that
the unions made... The unions feel that everybody should pay their own way. And what is
happening here is that for political reasons, and political reasons only... If this ballot wasn't
coming up about merging the City with the County, I don't think this would be happening. I
think we have an opportunity before January 3rd to do what is right, and save the City on our
own terms. When the Oversight Board comes in here, it's going to be a slash and burn policy.
j These people from Tallahassee didn't come down here to get themselves involved in this
hornet's nest without being successful. They're not local. They're going to close everything in i
120 December 12, 1996
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sight. So I just don't see how we're going to subsidize garbage. How? You know, are you
I subsidizing... Can someone tell me in this room what else we're sub...
Vice Mayor Regalado: Excuse me. Are you saying... Jim, are you saying that we are voting
against, or I, in my case, because of political reasons?
Mr. McMaster: I think that the Commission... I heard everybody say the homeowners won't put
up with it. There's a vote coming up in March.
Vice Mayor Regalado: What do you mean, "the homeowners"? I'm talking about retired
people. Not... I said I can pay it. I am a homeowner. I can pay it, but not my neighbor.
Mr. McMaster: Oh, no, I understand, sir, you know.
Vice Mayor Regalado: He gets four hundred and seventy-five dollars ($475) a month. Now, he
came up with a check from Social Security. He worked a lot in this country. And he said that if
we doubled the fee, that, well, it was OK, because they love me. I've been their neighbor for 19
years. But he was going to cut maybe some groceries during the month. So this is not about
political. This is about human rights. This is about the American dream. I'm telling you that
they're selling the houses down there in Shenandoah and Silver Bluff. If you want now in the
lunch break, I can take you.
Mr. McMaster: Oh, no. Go to North and South Grove. Prices are plummeting.
i
Vice Mayor Regalado: Well, I don't know about prices. I know about signs. People are selling
the houses because they just want to leave Miami, because they think that we are going to tax
them to death. It's not a problem about politics.
Mr. McMaster: Well, I know how it seems, sir. I agree with you, I think...
Vice Mayor Regalado: My understanding... I had the opportunity of talking yesterday to
Lieutenant Governor Buddy McKay. He did not say that we had to raise the garbage fees. He
was talking about the agreement. He was talking about the need of looking for recurring
revenues. But, you know, as long as we come up, he doesn't care about the garbage fees or any
other fees. And I think you are wrong in saying that people in Northwest 7th Street are
subsidizing the family homes, because we have not imposed a tax on Northwest 7th Street
apartment nor any other apartment.
Mr. McMaster: What I meant to say was, only certain people are getting this break. But...
Vice Mayor Regalado: No. Certain people that need services from the City of Miami... If you
don't have an accident, you don't need to go and get a report. If you don't have a boat, you
don't need to pay more. If you don't park in handicapped parking in a shopping center, you
don't need to pay more.
Mr. McMaster: No, I do understand. But I think the Mayor has brought it up several times
today. The key issue here is, three years from now, where will the City be? And what I see
happening here with raising all these fees on businesses, and fire fees, and commercial
properties, and everything else, I see a City, three years from now, where the private property
owners are at ten mill, the business people are at such a high tax rate that no one will build in this
City. They will build in Dade County. You know, we could cut our municipal taxes in half
tomorrow by merging the City with the County. It's a fact.
Mayor Carollo: Well, that's not a fact, Jim. That's not a fact at all. See, this is where you're
really coming from. And I don't want to be disrespectful to you. You have a right to your
121 December 12, 1996
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1 opinion, and I respect that. But what you're really after is, is you're trying to bait us, and bait us
with this garbage fee that you and... at least you are one of the few in the group that lives in the
City of Miami. The rest of them don't live in the City of Miami that are trying to dissolve the
City. This is like a bunch of carpetbaggers back in the old days that came to Florida and other
states trying to dissolve what was left of the South. Now, the truth of the matter is that you all
have been the ones that have been flaming the fires that it's a "jihad" with the garbage fee, that
that's the only thing that's going to be acceptable to save Miami. You know why? You guys are
doing that out of pure, pure demagoguery, because you know that that's going to be the main
issue that you're going to be hitting us in March or April to try to dissolve the City. I've already
seen the graphics that you've all made. I've seen the charts. I've had the opportunity to debate
Mr. Stearns on quite a few occasions. And the truth of the matter is this whole garbage fee is a
red herring. It's the bait that you're using, trying to put the final coffin in us. And you all have
at least a half a million dollars budget, maybe more, that you're going to be throwing all this
false information and lies that we pay twice the taxes that Dade County does, to try to fool
people into dissolving Miami. But you need this garbage fee to be raised to really put the hook
in, and to fool people, so that when people go to the polls, they'll be voting with emotion, not
with their heads. And, of course, the other side, who's going to be raising the dollars to combat
on TV, on radio, on print the disinformation that you all are going to be putting? Now, the truth
of the matter is that in a ninety-one thousand plus dollar average home assessed in the City of
Miami, the only difference in taxes, if that house would go to the County today or stay in the
City would be about two hundred and thirty dollars ($230) in taxes. The difference is that we
provide much better garbage collection than the County does. We collect trash once a week.
The County does it - what? - once...
j Unidentified Speaker: Twice a year.
Mayor Carollo: Twice a year. We provide much better police service. If you need to get a
1 police officer in the County, be ready to wait all day, if they come at all. No matter what
anybody might say about our response, it's much, much better than in any location in
unincorporated Dade County. Our Fire Department, with all respect to the County, I think it's
much more of an outstanding Fire Department than the County has. In just about any of the vital
services - police, fire, garbage collection, the City of Miami provides a much more high caliber
of service. But then, what you won't say is that even with only a two hundred and thirty dollar
($230) difference, with higher and better service, that there is in between taxes for... taxes
including the garbage fees, by the way, that you would pay if you lived in the City now or in the
County, that doesn't mean that our taxes would stay like this if we go to the County. Then the
County has got not reason not to raise garbage fees, put even special assessment fees on us, or
anything else they wanted. And then what you guys would be doing a week after that you get
your way on the ballot, which you are not, then you'll be petitioning the County to form your
own City. And then other of the richer areas will be doing the same. And then the downtown
` guys that are the ones that are financing this, with a couple of guys in the Grove and somewhere
` else, think that if we go into unincorporated Dade that the tax burden will shift to the residential
' areas, and they're going to get off saving millions of dollars in taxes. And this is what it's really
all about.
Mr. McMaster: Well, as you know, sir, I've been coming down here for years, and I do my own
thing. And I understand what you're saying about those other people. I, personally, I came here
in September of '94. De Yurre was here at that point. We discussed the Virginia Key RFP
(Request for Proposals) and the Watson Island. Everybody kept saying, "We can't afford to
maintain Virginia Key Beach. It costs us a hundred and twelve thousand dollars ($112,000) a
year. We can't afford to maintain Watson Island." And I said back then, I said, "If you can't
afford to maintain our parks and our beaches, merge the City with the County." It's never been
any secret where I'm coming from. And as far as what I feel about the garbage fee, it has
nothing to do with those other guys, or merging the City or anything. This is a fact... You know,
122 December 12, 1996
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I come down here because of fairness. And fairness dictates no one in this City should be
subsidized anymore. So forget everything else. No subsidies. Thank you.
Mayor Carollo: Thank you, Jim.
Mr. Rick Ruiz: Mr. Mayor.
Mayor Carollo: Sir.
Mr. Ruiz: I don't think that merging the City with the County is going to help us at all. I think
that the City could stand on its own very easily, and your presentation today proved that. And
I'm sure that Mr. Hernandez' presentation later on will prove basically the same. I think that one
of the things that maybe we're not looking at... And yesterday, I sat with one of my neighbors
who's an elderly man, and he's retired. And we looked at his... what he has to pay in property
taxes. He's got four folio numbers assigned to him. One of the folio numbers, he has to pay a
major tax on, then he's got three other folios under that same property that he also has to pay
taxes on. And there, it includes County taxes, school taxes, all kinds of different taxes, again, for
the same piece of property. How much is the County really getting from the City of Miami and
its residents? Why don't we realistically look at that and see if those other four folio numbers
that they're getting over two, three hundred dollars ($300) for each of those folio numbers or
more, you know, why isn't that... Why doesn't that stay in the City? You know, they're already
getting the big hook on that first large folio number. You know, why don't the other three stay
here? And then the issue of the garbage. Again, we were talking that each of those folios was
over two hundred and something dollars, close to three hundred dollars ($300). There alone
would pay for the garbage assessment fees.
Commissioner Plummer: Sir, are you sure it was on one piece of property?
Mr. Ruiz: Yes, sir. And I could show you each of the folio numbers...
Commissioner Plummer: Sir, I can tell you... And I'm not expert on taxes.
Mr. Ruiz: Yes, sir.
Commissioner Plummer: But I can tell you there is one folio number...
Mr. Ruiz: ...per lot.
Commissioner Plummer: ... assigned to each piece of property.
Mr. Marquez: The folio numbers should be mutually exclusive. Sir, I'd be more than happy...
Commissioner Plummer: Something's wrong.
Mr. Marquez: If you can give me the example, I will research it and get back to you of an
answer, an explanation.
Mr. Ruiz: It's Lot 14 and 13 on McAllister Park, Block 1, and each of them have... the
gentleman... which is a corner lot. He owns two lots. He has four folio numbers.
Commissioner Plummer: Wait a minute. Two lots could be two folio numbers.
Mr. Ruiz: It's one residence. One residence. For... He's got...
1-". 123 December 12, 1996
Commissioner Plummer: Well, OK. It's something...
Mr. Ruiz: You understand? But things like that are probably... we're not looking at, we're not
realistically going into...
Commissioner Plummer: Two and two are not making four.
Mr. Ruiz: Maybe by observing things like that, you know, we're... We might be able to get to
other solutions. Mr. Mayor, I think that your position and Mr. Hernandez' position on not
I increasing the garbage fees at this time is the adequate one, and I think that we'll weather the
storm.
Vice Mayor Regalado: If I might state my position here.
Mr. Ruiz: Thank you, Mr. Mayor. Thank you.
Vice Mayor Regalado: I have said it several times.
Mayor Carollo: Ma'am, go ahead. If you could give your name and your address, please.
Ms. Ida Maria Cevascel: Yes, Mayor. I had no intentions of coming up to speak, because I'm
extremely tired.
Mayor Carollo: I'm sorry.
Ms. Cevascel: I walked from my home here. But when Commissioner Regalado mentioned
Shenandoah, I live there for 44 years, Commissioner Regalado. And that's the reason I decided
to come up to speak in your defense. Because it's true, what's going on in the Shenandoah
section.
Vice Mayor Regalado: Thank you, ma'am. I've lived there for 38 years.
Ms. Cevascel: And I know... Mayor Carollo, you know me. I was attacked in my kitchen
door...
Mayor Carollo: I remember, ma'am.
Ms. Cevascel: In August 5th, and you came to my aid.
Mayor Carollo: Yes, ma'am.
Ms. Cevascel: Here is the whole story of the garbage tax, the fee. It's not a tax. It's a fee.
Would you permit me?
Mayor Carollo: Certainly.
Ms. Cevascel: At my age... I had to walk three miles to come here.
Mayor Carollo: Thank you. Thank you for coming. We'll get someone to get you home. You
won't have to walk home.
Ms. Cevascel: Thank you.
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
December 12, 1996
Commissioner Plummer: She worked, I think, in the Manager's Office.
Mayor Carollo: OK. OK. Commissioners, do we want to vote on the garbage fee now, so that a
lot of people can go home?
Vice Mayor Regalado: Yes.
Mayor Carollo: Or do we want to prolong this until we get at least...
Commissioner Plummer: What do you want to do?
Commissioner Gort: It seems like you got the vote not to pass it, so go ahead and move on it.
Make the motion.
Mayor Carollo: Well...
Vice Mayor Regalado: I'm ready to vote.
Mayor Carollo: Yeah. There's a motion.
Commissioner Plummer: Well, hey, Mr. Manager, you're the so-called professional. You
studied this issue. What is your recommendation?
Mr. Marquez: My recommendation is that you pass this item on first reading because...
Commissioner Plummer: I so move.
Mayor Carollo: OK. Commissioner, what is the motion?
Commissioner Plummer: His recommendation is to approve it on first reading.
Commissioner Gort: And I think it's very important - I'll second - to understand that the first
reading doesn't mean that it passes. It means it leaves it open, and it doesn't have to be doubled.
It could be five dollars ($5) or ten dollars ($10). We got to come back with some information.
And hopefully, the plans that the Mayor has presented and the plan that Commissioner
Hernandez is going to present, there's not going to be any need for it.
Commissioner Plummer: As part of the motion now under discussion.
Mayor Carollo: Yes, sir.
Commissioner Plummer: Mr. Manager, I don't want this issue to come back for a second
reading until our meeting of January the 9th.
Mayor Carollo: Yeah.
Commissioner Plummer: At which time, a proposal will be put to the Oversight Committee, and
they, in fact, will either approve or disapprove that which we have proffered. Correct?
Mr. Marquez: Mr. Mayor, Commissioner...
Commissioner Plummer: Yes.
125
December 12, 1996
1i
Mr. Marquez: ... my understanding of the time line is that we must have an adopted plan to
address our fiscal concerns in the hands of the Financial Oversight Board during the month... by
January the 3rd.
Commissioner Plummer: Exactly what I'm saying.
Mr. Marquez: You said January the 9th.
Commissioner Plummer: I'm saying the second reading of this ordinance is not going to be
scheduled as it stands right now until January the 9th.
Mr. Marquez: I thought that we were having a...
Commissioner Plummer: We could, in fact, schedule it before then, because you and the City
Attorney stated that we could change the effective date of mailing out a notice if necessary.
Mayor Carollo: That's correct.
Commissioner Plummer: OK? All I'm doing, by making this motion, I couldn't be any clearer,
is keeping the door open. If we don't make this, we can't. And I'm saying to you again, I don't
necessarily believe that I will vote for double the amount, OK? But under our rules, you can't...
Once you make a motion, you can do less, but you can't do more. So I'm looking to you before
the second vote to come back to this Commission after you had every bit of time... Because you
told me this morning that you had not seen the Mayor's proposal until this morning. OK? And
that you wanted time to go over that proposal, as the rest of us do, and the Mayor so stated that.
Mayor Carollo: That's correct.
Commissioner Plummer: All right? So all I'm doing by my vote here today is keeping the doors
open, and keeping an option open, with a hope and prayer that we never have to do it, but if we
do, the door is not locked.
Commissioner Gort: I second the motion. I want to make sure that people understand what J.L.
just stated, But at the same time, in talking to the people from the unions, the union says that is
not to be it, as long as we can come up with the revenues to substitute for that. So hopefully...
I'm doing this for the same reasons stated by J.L. Plummer, and hopefully, we don't have to
increase it.
Commissioner Plummer: Nothing would please me more.
Mayor Carollo: Do you have a motion?
Commissioner Plummer: I'm sorry? I made a motion.
Mayor Carollo: Do you have a motion?
Commissioner Plummer: And it's been seconded.
Mayor Carollo: You... Commissioner Gort seconded. Any further discussion? Call the roll.
Mr. Walter Foeman (City Clerk): It's an ordinance.
Mayor Carollo: Correct. Read the ordinance.
December 12, 1996
1i
Commissioner Plummer: Excuse me?
Mayor Carollo: It is an ordinance, Commissioner. It's tough when you go on a couple of hours
sleep.
Commissioner Plummer: Yeah. Excuse me. Before you start, let me ask you, is there any way
that you can get the Oversight Committee to bring their date closer? I mean, I...
Mayor Carollo: Commissioner, we're complicating this. They've made their decision.
i
Commissioner Plummer: Do you think that would be a problem?
Mayor Carollo: I mean, we could actually bring this up to a vote any other time we want.
Commissioner Plummer: No, not the vote. I'm worried about the time frame, Joe.
Mr. Marquez: The date is specified by an executive order of the Governor.
Commissioner Plummer: OK. All right.
Mayor Carollo: Call the roll, please.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER GORT, ITEM 17 FAILED BY THE
FOLLOWING VOTE:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
l NAYS: Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: As much as I hate to do it, I have to be practical and vote yes.
Mayor Carollo: Before voting, I'd just briefly like to go over some numbers that I went through.
I showed seventy-one million one hundred and sixty thousand eight hundred and eighty-nine
dollars ($71,160,889) that we could bring this fiscal year's budget. Recurring for the next fiscal
f year on October 1st of next year, fifty-three million six hundred and ninety-seven thousand four
hundred and seventy-nine ($53,697,47.9). And at the same time, even with these numbers, for
long-term recurring, we have over thirty million. And as I said before, with some of the changes
that I mentioned in solid waste, one way or another, it's at least forty million dollars
($40,000,000) that we will have in recurring dollars for long-term, three years from now and
beyond. With these numbers, I cannot, in good conscience, vote for more taxes. I think all of
you have known me for a long time. I've never been afraid to bite the bullet, to take on
enormous opposition or challenges. But if we can show, like we have, that we do not need to
raise the garbage fee, a garbage tax, then I am not going to submit that to the "jihad" mentality
that some want to make out of this garbage fee, and that's why I am voting no.
127 December 12, 1996
M.
r
COMMENTS MADE AFTER ROLL CALL:
Commissioner Plummer: Mr. Mayor, if I may, for the record. If the Manager comes back on
second reading and says to me that now that he has had the time to analyze this proposal or any
other proposal, without a garbage tax, and these numbers of seventy-one million dollars
($71,000,000) for this year, in his estimation, are solid numbers, you know what? I'll vote
against the garbage tax, because seventy-one million dollars ($71,000,000) is more than what our
so-called problem is. And I'm saying that it's up to the Manager, that he needs to come back
and tell us if this number is realistic, a solid number, in his estimation, I'll vote against it.
A. Quinn Jones, III, Esq. (City Attorney): But it failed.
Commissioner Plummer: But I've got to have the time, he's got to have the time, and take it
from there.
Mr. Jones: But it failed.
Commissioner Plummer: I'm sorry?
Mayor Carollo: Mr. Manager, go ahead.
Commissioner Plummer: I'm sorry. It did fail. I understand that. But I still think... let me go
the other route. I think you have a responsibility to this Commission to go over these numbers
and to come back and tell this Commission, in your opinion... You're a numbers man, OK? Not
the kind that's negative. The kind that's good. All right? And I think you need to go and you
need to go right through this line by line, and come back to this Commission and say Carollo's
numbers are solid or they're not, and where they aren't. OK? Now, Humberto is going to put a
plan on the table, and others may do the same. Because I got to tell you something. Whether
you do it or you don't, the Oversight Committee is going to. OK?
Mayor Carollo: And this is why I said before, Commissioner, that we have to come with a final
plan before the month of December is up. I would like to do it by the 23rd. And there are
certainly other areas that could be added to this proposal that I've made, other areas where we
could bring more revenue to the City, and possibly other areas where we can cut and save
monies. And I think all of us have a responsibility... not just the Manager, but all of us have a
responsibility to try to find those additional areas so we could bring them to the table and put
together... not my plan, not your plan, but our plan, joining together.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 2:58 F.M. AND RECONVENED AT 5:17 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPTING COMMISSIONER GORT, FOUND TO BE
PRESENT.
128 December 12, 1996
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34. AUTHORIZE BAYFRONT PARK MANAGEMENT TRUST TO
DISCONTINUE OFFERING FEE WAIVERS OR COMMUNITY EVENT
DATES -- FOR USE OF MILDRED AND CLAUDE PEPPER PARK.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Got some brief pocket items?
Commissioner Plummer: I've got about 300, and I'll do it until we get a full Commission.
Mayor Carollo: We have three right now, so we can proceed.
Commissioner Plummer: All right. A pocket item... hold on here. A resolution authorizing the
Bayfront Park Management Trust to discontinue offering fee waivers or community event dates
for use of any location in Mildred and Claude Pepper Park. I so move.
Mayor Carollo: Second by Commissioner Regalado. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimous.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-903
A RESOLUTION AUTHORIZING THE BAYFRONT PARK MANAGEMENT
TRUST TO DISCONTINUE OFFERING FEE WAIVERS OR COMMUNITY EVENTS
DATES FOR USE OF ANY LOCATION IN THE MILDRED AND CLAUDE PEPPER
BAYFRONT PARK.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT:
Commissioner Wifredo Gort
NOTE FOR THE RECORD: Commissioner Cort entered the
Commission Chamber at 5:17 p.m.
129
December 12, 1996
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35. AUTHORIZE/ DIRECT CITY MANAGER AND CITY CLERK TO EXECUTE
RELEASE OF COVENANT CONCERNING PREMISES AT LOTS 4 & 5,
LESS EAST 15 FEET THEREOF AND LOT 6 IN BLOCK 10 OF
EDGEWATER SUBDIVISION -- AND LOT 10, IN BLOCK 10 OF
EDGEWATER.
Commissioner Plummer: This has gone through all of the legal and the zoning. A resolution
with attachments authorizing and directing the City Manager and the City Clerk to execute the
release of a covenant running with the land in substantially the form attached hereto as Exhibit A
to formally release and cancel that certain covenant to run with the land recorded in official
record books 81-73, page 104 of the public records of Dade County, Florida, and attached hereto
as Exhibit B. Mr. Manager, you're aware of this, and have signed off, and the City Attorney has,
also. Correct? Correct, for the record. This is the covenant that's to be released. You have.
OK? I so move.
Mayor Carollo: There's a motion. Second by Commissioner Hernandez. All in favor, signify
by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: It passes unanimous.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-904
A RESOLUTION, WITH ATTACHMENT(S), RELEASING A COVENANT TO RUN
WITH THE LAND, ATTACHED HERETO AS EXHIBIT "B" AND MADE A PART
HEREOF; FURTHER AUTHORIZING AND DIRECTING THE CITY MANAGER
AND CITY CLERK TO EXECUTE THE RELEASE OF COVENANT RUNNING
WITH THE LAND, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AS
EXHIBIT "A", TO FORMALLY RELEASE AND CANCEL THAT CERTAIN
COVENANT TO RUN WITH THE LAND RECORDED IN OFFICIAL RECORDS
BOOK 8173 AT PAGE 104 OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA AND ATTACHED HERETO AS EXHIBIT "B".
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
130 December 12, 1996
Upon being seconded by Commissioner Hernandez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
1 NAYS: None.
ABSENT: None.
--------- -----------------------------------------------------------------------------------------------------
I 36. AUTHORIZE AGREEMENT WITH ORANGE BOWL COMMITTEE, INC.
FOR STAGING KING ORANGE BOWL PARADE ON DECEMBER 28, 1996
AND USE OF PROPERTY AT 1100 N.W. SOUTH RIVER DRIVE FOR
PREPARATION OF FLOATS FOR SIX MONTHS.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Manager, you have the Orange Bowl? OK. The following
changes need to be made City Manager's memo, page 2 of the Orange Bowl Committee
terms/agreement bulletin. The heading should start with: Authorizing the City Manager to
execute and negotiate an agreement with the OBC (Orange Bowl Committee), including the
following terms: One, OBC should pay all applicable fees associated with the parade, excluding
Public Works Department, street closure permit fee. This is due to the fact that the City of
Miami profits from the closure, blab-blah-blah. The City or designated shall have the exclusive
right to sell and control all consumable products. The OBC may distribute free food and
beverages, including alcoholic beverages, for the purpose of entertaining OBC guests, and
sponsor in VIP seating. OBC shall have exclusive rights to program seating tickets and OBC
licensed merchandise and the novelties on the parade route for an additional cost of forty-three
hundred dollars ($4,300). Five: OBC will provide a float in the local section at no cost to the
City. This float shall be staged in the parade as to provide maximum publicity for the City. I so
move the following items.
Mayor Carollo: There's a motion. Is there a second now?
Commissioner Gort: I second.
i
Mayor Carollo: Second by Commissioner Gort. All in favor, signify by saying "aye.°
The Commission (Collectively): Aye.
{
131 December 12, 1996
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The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.96-905
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE
ORANGE BOWL COMMITTEE, INC. FOR THE STAGING OF THE KING ORANGE
BOWL PARADE ON DECEMBER 28, 1996 AND THE USE OF THE CITY -OWNED
PROPERTY LOCATED AT 1100 NORTHWEST SOUTH RIVER DRIVE, MIAMI,
FLORIDA, FOR THE CONSTRUCTION, PREPARATION AND STORAGE OF
FLOATS AND OTHER DECORATIVE MATERIAL AND EQUIPMENT FOR THE
KING ORANGE BOWL PARADE, FOR A PERIOD OF SIX MONTHS
COMMENCING DECEMBER 1, 1996, SAID AGREEMENT TO: 1) BE AT A
MONTHLY FEE OF $4,378.75; AND 2) WITH ALL TERMS AND CONDITIONS AS
MORE PARTICULARLY SET FORTH IN SAID AGREEMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
37. BRIEF DISCUSSION CONCERNING PARKING METER REVENUES
DERIVED BY OFF-STREET PARKING.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, that's...
Mayor Carollo: Clark... I'm sorry, Commissioner.
Commissioner Plummer: That's all I have.
Mayor Carollo: Clark Cook, I'm glad that you're here for a second. Let me ask you, Clark.
Mr. Clark Cook (Executive Director, Off -Street Parking): Yes, sir.
Mayor Carollo: What is the amount of monies that you make out of the parking meters in the
f . City of Miami, the yearly amount, approximately?
I
i Mr. Cook: Somewhere around three... Somewhere around three million.
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December 12, 1996
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Mayor Carollo: How much?
Mr. Cook: Somewhere around three million. I'm trying to... going from memory totally. I'll be
glad to give you a memo on it, Commissioner.
Mayor Carollo: All right. About three million?
Mr. Cook: Yes, sir.
Mayor Carollo: And what is your debt service on any of that three million? How much of that
goes for debt service?
Mr. Cook: Commissioner, I'll have to look. I don't have the figures right here in front of me.
Willy probably can tell you better than I can.
Mayor Carollo: Off the top of your head, do you know?
Commissioner Gort: Mr. Mayor, my understanding is... As you instructed me, I met with the
chairperson.
Mayor Carollo: Oh, great.
Commissioner Gort: And I'm going to have a meeting either Monday or Tuesday with Clark
Cook and the chairperson...
Mayor Carollo: Great.
Commissioner Gort: ... to come up with some ideas.
Mayor Carollo. Last question that I have for you, Clark.
i
Mr. Cook: Yes.
Mayor Carollo: How many meters do you have in the City of Miami?
Mr. Cook: Seven thousand.
Mayor Carollo: Seven thousand? I would imagine the bulk of those are in the City's rights -of -
way, right?
Commissioner Plummer: They all are.
' Mr. Cook: All of them are in the City's rights -of -way, yes, sir.
Mayor Carollo: OK. Well, I'm looking to see if we could put a yearly fee on each of those
meters, Clark, so I'm sure the Commissioner will talk to you about it when he meets with you.
Mr. Cook: I'm sure that's what he wants to talk about.
Mayor Carollo: Thank you.
133 December 12, 1996
--------------------------------------------------------------------- ------
38. BRIEF COMMENTS BY COMMISSIONER PLUMMER TO CLARIFY
ACTION OF 11/21/96 WHICH APPOINTED COMMISSIONER HUMBERTO
HERNANDEZ TO JOBS AND EDUCATION PARTNERSHIP REGIONAL
BOARD.
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Commissioner Plummer: Mr. Mayor, the four items that were given to me this morning by the
Manager, I have had the opportunity to read, and I didn't want to hold you up. If you want to
approve those now, I'm ready to vote on them at any time you're ready. I'm ready to vote on
them. I have one other clarification. When you appointed me to serve on the JEP Board, the
Jobs and Education Program, I was appointed to the consortium, and Humberto was appointed to
what I thought was called the Wages Control Board. He, in fact, is being appointed to the JEP
Board, and that will be in concert with the Wages Control Board, assuming that the State of
Florida does give it to the Jobs and Education Program. Just for clarification on the record, and
so Walter will quit bugging me.
----------------------------------------------------------------------------------------------------------------
39. EMERGENCY ORDINANCE: AMEND SECTION 53-161(4) OF CODE,
"SCHEDULE OF FEES"-- ESTABLISH REVISED PARKING RATES AT
JAMES L. KNIGHT INTERNATIONAL CENTER PUBLIC PARKING
FACILITY.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: You want to do the four items of the Manager?
Mayor Carollo: Let's do those. Those are important.
Commissioner Plummer: All right. Willy, give them here, and I'll read them. The first...
Mayor Carollo: But before we do it, you know, let's do his, and then we'll get Commissioner
Gort's, and see if some of the others have some pocket items, besides the presentation.
Commissioner Plummer: You want to do these now?
Mayor Carollo: Yeah.
j
Commissioner Plummer: What... You want to do these now?
Mayor Carollo: Yeah, let's do these, because this is...
Commissioner Plummer: The first one is an emergency ordinance amending Section 53-161 of
the Code of the City of Miami to provide for an increase in parking rates at the Miami
Convention Center Parking Garage, Garage Number 4. I so move.
Mayor Carollo: There's a motion. Second by Commissioner Gort. Can you read the ordinance,
please?
Commissioner Plummer: That is. That is the ordinance.
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134 December 12, 1996
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Mayor Carollo: That's the actual ordinance you read or...
Commissioner Plummer: Is that all you need?
A. Quinn Jones, III, Esq. (City Attorney): No, no, no.
Commissioner Plummer: Oh, you need more.
Mayor Carollo: No. You need more than that.
Commissioner Plummer: Oh, I'm sorry.
Mayor Carollo: Call the roll, please.
Commissioner Plummer: That's also an emergency.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING SECTION 53-161(4) OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"SCHEDULE OF FEES" THEREBY ESTABLISHING REVISED PARKING
RATES AT THE JAMES L. KNIGHT INTERNATIONAL CENTER PUBLIC
PARKING FACILITY; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
was introduced by Commissioner Plummer and seconded by Commissioner Gort, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Gort, adopted said ordinance by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11427.
135
December 12, 1996
7
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.
--------------------------------------- ------------------------------------------------------------------------
40. EMERGENCY ORDINANCE: AMEND SECTION 53-161(4) OF CODE,
"SCHEDULE OF FEES" -- ESTABLISH SCHEDULE OF PARKING RATES
AT COCONUT GROVE CONVENTION CENTER PUBLIC FACILITY.
Commissioner Plummer: An emergency ordinance amending Section 53-151 of the Code of the
City of Miami, Florida, as amended, by providing for a schedule of parking rates at the Coconut
Grove Exhibition Center, containing a repealer provision and a severability clause. I so move.
Mayor Carollo: Motion.
Commissioner Hernandez: Second.
Mayor Carollo: Second by Commissioner Hernandez. Call the roll.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING SECTION 53-151 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY PROVIDING FOR A
SCHEDULE OF PARKING RATES AT THE COCONUT GROVE EXHIBITION
CENTER; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
l 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 J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
None.
None.
136
December 12, 1996
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Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Hernandez, adopted said ordinance by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11428.
i
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.
----------------------------------------------------------------------------------------------------------------
41. EMERGENCY ORDINANCE: AMEND SECTION 53-135 OF CODE --
CHANGE SCHEDULE FOR PARKING RATES AT ORANGE BOWL
i STADIUM -- DELETE PARKING RATES FOR MARINE STADIUM.
Commissioner Plummer: An emergency ordinance amending Section 53-135 of the Code of the
City of Miami, Florida, as amended, by changing the schedule for parking rates at the Orange
Bowl Stadium, deleting parking rates for the Marine Stadium, and containing a repealer
i
provision and a severability clause. I so move.
Mayor Carollo: Motion by Plummer.
Commissioner Gort: Second.
Mayor Carollo: Second by Gort. Call the roll, please.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING SECTION 53-3135 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING
THE SCHEDULE FOR PARKING RATES AT THE ORANGE BOWL STADIUM;
DELETING PARKING RATES FOR THE MARINE STADIUM; AND
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
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137 December 12, 1996
r
was introduced by Commissioner Plummer and seconded by Commissioner Gort, for
adoption as an emergency measure and, dispensing with the requirement of reading same
on two separate days, was agreed to by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Gort, adopted said ordinance by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11429.
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. DISCUSS BRIEFLY HAVING WAREHOUSE FACILITIES AT SOUTH
RIVER DRIVE DURING ORANGE BOWL PARADE SCHEDULED FOR
12/28/96.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, I'm confused. On the Orange Bowl here, I thought that I
had passed that which was necessary, but I'm now finding in the packet that there is more here.
i
Mayor Carollo: Yeah, this is different. This has to do with the warehouse facilities at South
River Drive, also.
Commissioner Plummer: But I don't have a resolution or an ordinance on it, sir.
jMayor Carollo: Because this is just for discussion. It says "discussion."
f Commissioner Plummer: Oh, it's for discussion only. All right.
Mayor Carollo: It's at the end.
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138 December 12, 1996 {:
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Commissioner Plummer: Excuse me. Are we now in full accord so the parade can go on?
Mr. Eduardo Rodriguez (Director, Asset Management): Yes.
Commissioner Plummer: That's the important thing.
Mr. Rodriguez: And we're going to include the warehouse there.
Commissioner Plummer: OK.
Mr. Rodriguez: It's more things. We're going to make some money there.
Commissioner Plummer: That's fine. I just want to make sure that Cook ain't coming here
screaming the night of the parade saying, "What happened when you closed it down?"
Mayor Carollo: What date are you having the parade this year, Clark?
Commissioner Plummer: 28th of December.
Mayor Carollo: 28th.
Commissioner Gort: It's not on the 31st?
Commissioner Plummer: No.
Mayor Carollo: No. They switched on us.
Commissioner Plummer: No, the game is on the night of the 31st, and the parade is on the night
of December 28th.
Mayor Carollo: OK. All right.
----------------------------------------------------------------------------------------------------------------
43. AUTHORIZE REQUEST FOR PROPOSALS IN CONNECTION WITH SALE
OF SOLID WASTE SURPLUS TRUCKS -- ALLOW TEN DAYS AFTER AD
FOR BID RESPONSES.
Mayor Carollo: Commissioner Gort, you have some pocket items.
Commissioner Gort: I have one which is the... If you recall pocket item at the December 12,
1996 Commission meeting, we directed the sale of Solid Waste equipment left over from
previous options held in April '96. Attached is a copy of a list of it. I think... I don't know if
Ron Williams is around here. There he is. I understand there's some people interested in
buying.
Mayor Carollo: What resolution do you need to make on this?
Mr. Ron Williams (Assistant City Manager): Mr. Mayor, the item that Commissioner Gort is
talking about, I did meet with the individuals that were interested in a direct purchase of some of
our equipment that was left over from our... I believe it was April '96 auction. That equipment is
now surplus and available, and out of service in our yard.
139 December 12, 1996
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Mayor Carollo: We want to sell it right away. We don't want to give it away. In fact, we want
to... I believe the reason five of these garbage packers were kept, if I remember, was it's a policy
they were going to be given away free to Sister Cities.
Mr. Williams: That's correct, Mr. Mayor.
j Mayor Carollo: No longer the case.
I
I Commissioner Gort: What is the total of the...
I Mayor Carollo: What I understand from the City Attorney, Commissioner, is that we either have
to put it out for a bid or for an auction. The quickest way would be for a bid, and I think we
1, could do it in maybe as little as five days or so. I don't know, just to advertise.
Mr. Williams: Whatever the Code would provide, Mr. Mayor, we would certainly expedite it.
A. Quinn Jones, III, Esq. (City Attorney): Well, either you can... As we discussed, Ron, you
know, you could do an auction, or as I suggested, they advertise or whatever, and, you know,
whatever you think is the quickest way. But I think it needs to be done competitively, as
opposed to...
Commissioner Plummer: It doesn't have to come back here, then.
I
Commissioner Gort: At my suggestion, the auction was done, and this was left over from the
auction.
Mr. Williams: It was left over, Commissioner Gort, but to be perfectly clear, we pulled it out,
and it was not auctioned. We did auction similar equipment, though.
Commissioner Gort: I'm sorry again.
Mayor Carollo: Mr. Manager, you're going to have to remind us on some of the new rules that
we are going to be working with, in case there are any areas that we get into that are gray areas
or are overstepping the ground rules that we should go by. OK? I don't know if this is one of
those or not. I don't believe so. But...
Mr. Edward Marquez (City Manager): We will insure a competitive environment for the
disposition of these assets.
Mayor Carollo: Yeah.
Mr. Marquez: And that's the direction that the board is giving us.
Commissioner Plummer: You know what will probably happen? You'll probably get less
money than what they offered us. That's happened so many times. The truth of the matter is...
iCommissioner Gort: Let's go by the...
Commissioner Plummer: ... we go by the rules, but I don't know what they've offered us, but
I'll bet you - you tell me afterwards - the auction will bring less money than what they probably
offered you now.
f; Mr. Williams: We'll work with the City Attorney and expedite it.
140 December 12, 1996
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Mayor Carollo: Well, I would prefer to not go the auction route, and just to go and people hand
in their bids, you know, sealed bids. I think that would be more productive than going through
the auction route.
Commissioner Gort: Good idea.
Mayor Carollo: And it will be quicker, too.
Mr. Jones: Yeah. We need to get at least fair market value. So if we don't get fair...
Mayor Carollo: Yeah. Well, yeah. You establish minimum price.
Mr. Williams: And we have that established, Mr. Mayor.
Mayor Carollo: Yeah, I see this over here.
Mr. Williams: OK. We'll work with the City Attorney's Office and get it expedited.
Commissioner Gort: Do you need a... Is there a motion on the floor?
Mayor Carollo: I think we should establish a resolution, Commissioners, that would give him
"X" amount of dates.
Commissioner Gort: So move.
Commissioner Plummer: Second.
Mayor Carollo: Let's establish dates, and make sure that this goes on by a certain date.
Mr. Williams: Advertise... at least minimum ten days for a response, and we would open after
those ten days.
Mr. Jones: Yeah, I think that's fair.
Commissioner Plummer: You know, what I was saying before, Mr. Mayor, I remember they
auctioned off or bid out some radio equipment. The ad in the Herald cost them more than what
they got in on the bid.
Mayor Carollo: Well, this will be a small ad. Actually, this will bring us more money than we
included in the budget that we'd bring in.
Mr. Jones: So essentially, there would be a resolution directing the City Administration to seek
competitive bids on the sale of - is it surplus? - surplus property, to be completed within a ten-
day period.
Mr. Williams: And I will tell you, Mr. City Attorney, just specifying the period by which we
would advertise.
Mr. Jones: OK.
Mayor Carollo: All right.
i.
Commissioner Gort: Mr. Mayor...
141
December 12, 1996
1i
Mayor Carollo: You got a motion on this?
Commissioner Gort: Yes. Moved and seconded.
Commissioner Plummer: A second, moved and second. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: None opposed. All right.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO.96-906
A MOTION DIRECTING THE ADMINISTRATION TO SEEK COMPETITIVE BID
PROPOSALS IN CONNECTION WITH THE SALE OF SURPLUS SOLID WASTE
EQUIPMENT; FURTHER DIRECTING THE ADMINISTRATION TO ADVERTISE
FOR SAID PROPOSALS TEN DAYS PRIOR TO DEADLINE FOR RECEIPT OF
SAME.
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
{ NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
44. (A)ESTABLISH BUILDING AND ZONING COMMITTEE TO EVALUATE
EFFICIENCY OF BUILDING AND ZONING OPERATIONS AND
PROVIDE RECOMMENDATIONS.
(B)APPOINT LUIS ROCA TO SAID COMMITTEE
-----------------------------------------------------------------------------------------------------------------
Mayor Carollo: All right.
Commissioner Gort: Mr. Mayor, the second pocket item, the last one, is the... If you will recall,
we talked about the committee to be working with the Building and Zoning Advisory
4 Committee.
4 . Mayor Carollo: Great.
" Commissioner Gort: My understanding is, I thought we had voted on it. I was informed by the
Clerk we never took a vote on it, so I would like to bring it back. And what it is, this is a
December 12, 1996
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committee established by non -City employees. They sit down with the people in the industry, to
sit down with the Building Department and come up with ideas on how to improve our system.
Mayor Carollo: Very good. That's a very good idea, Commissioner.
Commissioner Gort: So move.
Mayor Carollo: There's a motion by Commissioner Gort.
Commissioner Plummer: Second.
Commissioner Gort: Second by Commissioner Plummer. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: None opposed.
The following resolutions were introduced by Commissioner Gort, who moved their adoption:
RESOLUTION NO. 96-907
A RESOLUTION ESTABLISHING A COMMITTEE TO BE KNOWN AS THE
CITY'S BUILDING AND ZONING ADVISORY COMMITTEE (THE
"COMMITTEE"); SETTING FORTH SAID COMMITTEE'S FUNCTIONS, DUTIES
AND MEMBERSHIP; FURTHER, AUTHORIZING SAID COMMITTEE TO ELECT
A CHAIRPERSON AND ESTABLISH ITS OWN RULES OF PROCEDURE.
RESOLUTION NO. 96-907.1
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE BUILDING AND ZONING ADVISORY COMMITTEE FOR
TERMS AS DESIGNATED HEREIN.
(Here follows body of resolutions, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Commissioner Plummer: We're not going to make our appointments today?
Commissioner Gort: If you can, yes. I already made mine.
Commissioner Plummer: I make... My appointment is Mr. Luis Roca. He's in the construction
business. I think he'd be a very good member.
143
December 12, 1996
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Mayor Carollo: OK.
Commissioner Plummer: And he's now also on Code Enforcement.
----------------------------------------------------------------------------------------------------------------
45. BRIEFLY DISCUSS/ TABLE TO LATER IN THE MEETING,
CONSIDERATION OF AGENDA ITEMS 28 & 29( PROVIDING FOR LEASE
AND SUBLEASE OF CAPITAL EQUIPMENT) --SEE LABEL 59.
Mayor Carollo: All right. Any other pocket items besides the one we're going to take up now
from you? You have any others?
Commissioner Hernandez: I have a pocket item, but I don't know if you want to get on... an
appointment to one of the boards. Are we going to get into that later? A board...
Mayor Carollo: Well, if you want to do this one right away, let's do it. If you've got that ready,
just... While he's looking for his, do you have any?
Vice Mayor Regalado: No.
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, just as a... I was asked to remind you that
because of - excuse me - imminent closings that are scheduled for the Health Authority, they
graciously asked that you consider items 28, 29... Is it 20... 30.
Mayor Carollo: And 30, yeah, something like that.
Commissioner Plummer: Yeah.
Mayor Carollo: Well, if I could assign you, Mr. City Attorney, to remind us and bring this up
before we finish today?
Mr. Jones: Absolutely.
Mayor Carollo: Thank you.
46. (A) AUTHORIZE LEASE AGREEMENT WITH BETTER WAY OF
MIAMI, INC. REGARDING EXTENSION OF LEASE OF CITY -
OWNED PROPERTY AT 800, 810, 820 N.W. 28 STREET FOR 20
YEARS CONTINGENT UPON OBTAINING GRANT FOR RENT
SUBSIDY FROM FEDERAL HOME LOAN BANK OF ATLANTA.
(B) NEGOTIATE WITH METROPOLITAN DADE COUNTY TO
REMOVE DEED RESTRICTIONS ON PROPERTIES IN ORDER TO
IMPROVE RESALE VALUE. j
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{
Mayor Carollo: One that we had to do from this morning that we left to be one of the first items
this afternoon was item number 8 in the morning agenda. Mr. Alonso-Poch wasn't here, but
there's someone else to speak in his behalf. Item number 8. Item number 8.
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144 December 12, 1996
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Commissioner Plummer: Still nobody here?
Mr. Eduardo Rodriguez (Director, Asset Management): Mr. Kennedy is here.
Mayor Carollo: Item number 8.
Commissioner Plummer: Put it over to the next meeting.
Mayor Carollo: Well, leave it for later on, if we got time then, if they get here again.
Commissioner Plummer: OK. Fine. We're on 18?
Mayor Carollo: We're on 18.
Unidentified Speaker: Here he is. This is David Kennedy.
l
Mayor Carollo: OK. Item 8.
The Honorable David Kennedy (Ex -Mayor, City of Miami): Mr. Mayor and members of the
Commission, my name is David Kennedy, 348 Northwest 43rd Place, Miami. I'm representing
Better Way of Miami pro bono. This is a nationally recognized program for homeless and
indigent addicts. It's a program that has been in effect a few years, and has done a wonderful
job. They've got something like 52 clients now that they're serving, and they needed an
extension on their lease so that they could get federal HUD (Department of Housing and Urban
Development) funds. Now, the executive director was here all morning, and I don't see her now.
j And Mr. Manny Alonso was supposed to be representing them, but he had a prior meeting. So
I'm doing this pro Bono for them.
{ Mr. Rodriguez: OK. Mr. Mayor and Commissioners, Better Way of Miami is requesting a lease
extension for 20 years. The current lease that they have expires on June 20, 2003. We are
proposing, and our recommendation to the board is, basically, that we extend the lease 11 years.
This will coincide with the rent subsidy that HUD gives to these people, to this group. Basically,
the City of Miami also, CDBG (Community Development Block Grant) is providing three
hundred thousand dollars ($300,000) in funding that will have the same clause. It will coincide
with the subsidy that they're getting on the rent. If, later on, they have an extension of that
subsidy, of course, we'll entertain that later on.
Commissioner Plummer: So what you're saying is, extend it out to the 11 years.
Mr. Rodriguez: That's correct, 11 years. Give them the 11 years that the HUD...
Commissioner Plummer: And if they should be able to get another grant of rent subsidy beyond
that, they can come back and ask for that.
Mr. Rodriguez: Precisely.
Commissioner Plummer: I so move.
Mr. Rodriguez: And in addition to that, if you allow me, I have another recommendation to the
board. This property was acquired by the City of Miami under the land swap for Lumus Island,
for the Port of Miami. It has restrictions on the deed. We are proposing at this time that we are
looking for selling property that we open negotiations with Dade County in relation to all the
restrictions that they put on that land swap. That restricts our ability to sell our property.
145 December 12, 1996
Commissioner Plummer: That's a separate motion.
Mayor Carollo: Yeah, that's a separate motion.
Commissioner Plummer: Let's do the first one first. Eleven years extension.
Mayor Carollo: Well then...
Commissioner Plummer: And then after the rent subsidy, if you get another grant, that we would
extend it out to the 20.
Mayor Carollo: Your recommendation is for what, from staff?
Commissioner Plummer: Eleven.
Mayor Carollo: Eleven years.
Mr. Rodriguez: For 11 years, sir.
Mayor Carollo: OK.
Commissioner Gort: With options to renew, subject to...
I
Mr. Rodriguez: With an option, if they have an extension and the subsidy, we will renew.
Commissioner Plummer: All right. So incorporate that in my motion, that they get the 11 years
now, and that if they do, are successful in getting more rent subsidy up to the 20th year, that it be
granted.
Mr. Steve Graziani: OK.
Mayor Carollo: What is this paying now?
Mr. Rodriguez: They are not paying... You know, it's one dollar ($1) a year type of lease.
Commissioner Plummer: Oh, yeah.
Mayor Carollo: And what kind of property is this?
Mr. Rodriguez: It's the property that is in the Bobby Maduro area, the actual northeast portion
of that block.
Commissioner Plummer: The old Beckham Hall.
Commissioner Gort: It used to be Youth Hall.
Commissioner Plummer: No... Yeah. Well... It used to be Beckham Hall.
Mr. Graziani: Youth Hall. It's next to Beckham Hall.
Mr. Rodriguez: Youth Hall, that's correct.
Mayor Carollo: Go ahead, sir.
December 12, 1996
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Mr. Graziani: Yes, if I might. My name is Steve Graziani, and I'm a financing consultant for
Better Way. And the only concern with not going with the 20 years is that we do have a number
of other financing sources, one with the Homeless Trust, that is currently requiring a 20-year
commitment, lease commitment. It's conceivable that we could work with the Homeless Trust,
but there is another potential source of financing, the Federal Home Loan Bank of Atlanta, that
we have a ninety thousand dollar ($90,000) grant request into them, and unless we get the 20
years, we would not get that ninety thousand dollars ($90,000).
Commissioner Plummer: Well, how about if we do it in reverse? How about if we grant it for
the 20 years. If, in fact, you do not get the rent subsidy beyond the 11, it brings it back before
this Commission. Try it in reverse.
Mr. Graziani: I hope we could sell that to them, yes.
Commissioner Plummer: Well, I mean...
Mr. Graziani: OK, thanks. Thank you.
Mr. Kennedy: Mr. Mayor, there's also... Mrs. Lang (phonetic) had a... the letter that I gave you.
When we went to see Commissioner Gort, he suggested that since she has this manpower
available, that they could be used to help clean up parks and everything. And you see that she's
willing to do that. She doesn't want a free ride. This is a very, very good program, and she's
gotten these adults working, and they're achieving some great degree of success.
Commissioner PIummer: Good.
Commissioner Gort: My understanding, I've seen some changes that they've done with the
building. They've improved it quite a bit. And it's not... they're now going to increase the
capacity, they're being allowed to do so. And my understanding in this letter, also, they work
with the Allapattah NET (Neighborhood Enhancement Team) to make sure that they're
improving the parks in the facility so that we can use it. Thank you.
Mayor Carollo: Mr. Manager, what is your recommendation on this? Have you... This is the
lease, which we need to run it through the Oversight Board.
Mr. Edward Marquez (City Manager): The reverse method that Commissioner Plummer was
suggesting is acceptable to us. We will be following back with the Better Way of Miami, Inc., to
see how they're progressing along with their application.
Commissioner Plummer: Call the roll
r ' Mr. Kennedy: Thank you very much.
Mayor Carollo: Call the roll.
147 December 12, 1996
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The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-908
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, BY AND BETWEEN THE CITY OF
MIAMI AND BETTER WAY, INC., FOR USE OF CITY -OWNED PROPERTY
LOCATED AT 800, 810, 820 NORTHWEST 28 STREET, MIAMI, FLORIDA, BY
DELETING SECTION 2 OF SAID LEASE AGREEMENT IN ITS ENTIRETY AND
SUBSTITUTING IN LIEU THEREOF NEW SECTION 2, THEREBY EXTENDING
THE TERM OF THE LEASE FROM TEN (10) YEARS TO TWENTY (20) YEARS,
SUBJECT TO A CONDITION SUBSEQUENT IN THE EVENT THAT RENT
SUBSIDY FUNDING RECEIVED BY BETTER WAY IS NOT CONDITIONED
UPON A TWENTY (20) YEAR LEASE TERM, AND/OR PROOF THEREOF IS NOT
PROVIDED TO THE CITY BY JUNE 1, 2007.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
} AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Tomas Regalado
Mayor Joe Carollo
i NAYS: None.
ABSENT: None.
Commissioner Plummer: I'll move at this time that the City Administration be instructed to
negotiate with the County in reference to the restrictions that have been placed on this property,
for the betterment of the City's position. I so move.
Mayor Carollo: Motion. Second by Gort. All in favor, signify by saying "aye."
I'
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148 December 12, 1996
ar:,.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 96-909
A MOTION INSTRUCTING THE CITY ADMINISTRATION TO NEGOTIATE WITH
THE COUNTY IN CONNECTION WITH THE RESTAURANT FACILITY
LOCATED IN BACK OF PROPERTY LOCATED AT 800, 810, 820 N.W. 28 STREET
FOR THE BETTERMENT OF THE CITY AND ALL OTHER REMAINING
PROPERTY WITH DEED RESTRICTIONS, TO REMOVE SAID RESTRICTIONS IN
ORDER TO IMPROVE THE RESALE VALUE OF SAID PROPERTY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Commissioner J.L. Plummer, Jr.
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mr. Rodriguez: Can I... I'd like to incorporate... not only on this property, all the property that
we receive with deed restrictions.
Commissioner Plummer: I have no problem with that. Nobody else... a seconder? That's fine
with me.
Mayor Carollo: Yeah, that will be incorporated.
149
December 12, 1996
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47. PRESENTATION BY MANOLO REYES ON FINANCIAL RECOVERY
STRATEGY FOR THE CITY.
Commissioner Plummer: Item 18?
Mayor Carollo: Let's do the pocket item that Commissioner Hernandez has, briefly, and then
we'll come back to the regular agenda, real quick.
Commissioner Hernandez: With all the stuff I'm doing...
Mr. Manolo Reyes: Good afternoon. My name is Manolo Reyes. I live on 5301 Southwest 7th
Street, Miami, Florida. Like that, J.L.? "My-am-uh."
Commissioner Plummer: I hear you.
Mr. Reyes: We've been working on the deficit, and before we start, I want to make clear that all
the numbers come from this document, which I consider has been very professionally put
together by Merrett Stierheim and his task force. What we did was... Also, I want to clarify that
here, it says in the report that it's double counting. And it says... It should read certain measures
taken by staff, and by the Commission, that it could be interpreted as double counting, and now
it should be deducted from the total deficit. As you well know, you all know this document by
heart. This... The whole deficit is based on what is called a "fairness matrix," which is only the
summation... it's the summation of all the elements that you find in Schedule 1. So what we did
first, since the Commission, and staff, and the Manager has taken some action, we started
I deducting from the sixty-eight million dollars ($68,000,000). Actions have been taken, and also
funds that were considered as problems in the fairness matrix. The first component that we took
upon was the projected revenue overruns, which is six million dollars eight hundred thousand
($6,800,000), and they... that amount included the Bedminster contract. Since we received that,
we deducted that, and that left then a total amount of five million eight hundred thousand dollars
($5,800,000). Then we went to the projected expenditure, fiscal year '97, the '96/97 expenditure
overruns, twelve million seven hundred thousand dollars ($12,700,000), and by action taken by
this Commission and by management, we deducted nine hundred thousand dollars ($900,000)
from Solid Waste, two million four hundred and fifty-one dollars and seventy six... seven
hundred and seventy-six dollars ($2,451,776) from Risk Management, which this amount is
composed of a two million dollar ($2,000,000) savings from the tax force best practice
recommendation, and four hundred and fifty-one thousand seven hundred and seventy-six dollars
($451,776) difference between the task force cost estimate and the budget document that you
approved when Merrett was here. Four hundred thousand dollars ($400,000) from the Riverside
Center operating expenses; one million three hundred and thirty-three thousand ($1,333,000)
from Police Department overtime. And it explained there that it is composed of one million
dollars ($1,000,000) from overtime. Three hundred and thirty three thousand, that is included in
Matrix B. Those are actions that have been taken by you and by the staff. So what... that had
reduced the projected expenditure overrun to seven million six hundred and fourteen thousand
f, dollars a hundred and ninety-one ($7,614,191). And we keep on going. We went then a
potential additional revenue shortfalls, nine million dollars four hundred thousand ($9,400,000).
From that amount, we deducted a hundred and seventy-five thousand dollars ($175,000) from
EMS (emergency medical services) collections. That was also approved. There should be... I
mean, it's protected. That is not going to happen, so it's not a problem anymore. Two hundred
thousand for non -increasing enforcement of police parking tickets. And that leaves an amount of
150
December 12, 1996
nine million and twenty-five thousand dollars ($9,025,000). Then we went to potential
additional expenditure overruns, which is one million five hundred thousand dollars
($1,500,000). The Commission already took action on special events, and you decided that one
million... that you were not going to give anybody else any more money for special events. So
that million dollars, which is included as a problem in the fairness matrix should be deducted
also. So we deducted that, so it gives us a total of five hundred thousand dollars ($500,000).
Then on capital improvement programs, we deducted three million five hundred and two
thousand dollars... four hundred and sixty-nine dollars ($3,502,469). And that's due to project
deferral. And I know your debt is, according to this matrix down here, the matrix, it says
questionable... Mr. Manager, it says questionable funding. And I spoke with Grant Sheehan
about it. It says it is twenty-two million dollars ($22,000,000), but also includes the money for
payroll pool cash. So that's the difference, and it should have read fourteen million dollars
($14,000,000). So we kept on going. OK. We have the revised capital improvement programs
shortfall. It's fourteen million six hundred and ninety-seven thousand ($14,697,000). And that
leaves an actual deficit of fifty-seven million dollars thirty seven thousand tour hundred and
twenty-two ($57,037,422). I want to make clear that we believe that there... the amount of sixty-
eight million dollars ($68,000,000) is real, that the deficit exists. But due to the different
measures taken by this Commission and by the Administration, at this moment, what we have to
tackle now is fifty-seven million dollars ($57,000,000). Then we went to the reduction plan
which was presented by Merrett Stierheim in his... in his book. I mean, everything comes out of
this book. And out of... we have from those fifty-seven thousand dollars ($57,000), we have to
subtract the onetime solutions, and they are listed there. Strategic financial recovery, Matrix A,
Matrix B, Matrix C. It reaches a total of twenty million dollars two hundred and thirty-nine
thousand one hundred and ninety-three ($20,239,193). Then there is an additional funding
available as onetime solutions, as the Mayor expressed. There is an additional three million
dollars ($3,000,000) that we're going to get from MSEA (Miami Sports and Exhibition
Authority), which before, only nine million were included. So we have to add that up. And also,
the fee expansion funds of six million dollars ($6,000,000). It is a subtotal of nine million
dollars ($9,000,000). And then the total onetime solutions amounts to twenty-nine million two
hundred and eighty-nine thousand one hundred and ninety-three dollars ($29,289,193). If we
keep on deducting, the remaining deficit will be twenty-seven million dollars seven hundred and
forty-eight thousand two hundred and twenty-nine dollars ($27,748,229). At the top of page 3,
just... there is just... the original deficit, part, one deficit analysis; part two, onetime solutions.
And then we went to the Citywide expenditure, and union related reductions. Although there's
some discrepancies on my numbers, but I'm going to use Mr. Merrett's numbers for deducting
from the deficit this amount. It says the action taken, cost containment measures. And it lists
the... eliminate unfunded vacancies, tour percent living increases, fee benefits,
eliminate benefits for City board members, eliminate nonunion executive benefits,
which amounts to five million dollars... five million fifty-six thousand and seventy-seven dollars
($5,056,077). Then we go down to the union concessions, which is another twelve million
dollars ($12,000,000). And then the pension contribution adjustments, which is another five
million two hundred thousand dollars ($5,200,000). Then the remaining deficit will be five
million four hundred and seventy-three thousand and thirty-three... tour dollars ($5,473,034). So
we further went to what you have done here in your workshop. And I want you to know that this
does not include the additional savings that you have directed the departments to obtain. You
have directed the departments to obtain additional deficit on top of what the document expresses.
That's six million dollars... six million seven hundred thousand seventy-eight three hundred and
eighty-four dollars ($6,778,384). And from non -departmental programs, it's one million one
hundred and fifty-three thousand seven... fifty-seven thousand three hundred and twenty dollars
($1,157,320). So after we add all those up, we come with a surplus of two million four hundred
and sixty-two thousand three hundred and seventy dollars ($2,462,370). OK. Then we went
further and we went to the revenue enhancement recommendations, which I think that you had
also instructed the departments to increase those figures. And let me once again raise the rate...
that all these figures comes out of the matrixes that were prepared by the task force. It's...
151
December 12, 1996
everything is in this book. I'm not using any other numbers. All the information is from this
book, and for the little information that I could gather from departments, different departments.
Those are the figures that I'm using. So from revenue enhancement, we can add a total of five
million five hundred and one thousand nine hundred and seventy-four dollars ($5,501,974),
which would leave us with a surplus of seven million nine hundred and sixty-four thousand three
hundred and forty-four dollars ($7,964,344). So we went to other issues, which is the Federal
crime bill, which is the crime block grant, which has been approved, and it was also included in
the fairness matrix as a problem. We have it here. Revenue sweeps, first it was estimated that...
I read in the paper there were going to be seven million dollars ($7,000,000). I spoke with Chief
Gimenez. He says it was going to be around two million dollars ($2,000,000), the most. And a
fund balance that was found from last year's financial statement. So that will give us another ten
million dollars ($10,000,000), for a total surplus of seventeen million nine hundred and sixty-
four thousand three hundred and forty-four dollars ($17,964,344).
Commissioner Plummer: Can I ask you a question?
Mr. Reyes: You can ask two.
Commissioner Plummer: When you say "a fund balance," that means we had money to carry
over. Yet, the other side of this book tells us we were nineteen million short.
Mr. Reyes: OK. I was talking to your staff right now, and what happened, as it is shown right
here, it says five million two hundred and ninety-four dollars ($5,000,294). And that should
have been deducted from the nineteen million dollars ($19,000,000) that we started with. And I
can bring Gustavo here, if you want. Am I right? You don't want? It's... Pete? Where's Pete?
Let me talk to Pete, then. You are Pete, right?
Mr. Pete Chircut: Yes.
Mr. Reyes: OK. Pete, this fund balance here, which is... this is...
Mr. Chircut: Five million two hundred and ninety-four thousand ($5,294,000).
Mr. Reyes: Shall this have been taken from the top or from the bottom? Either way, which is it?
Mr. Chircut: Doesn't matter.
Mr. Reyes: Doesn't matter. Could have taken it from either way. OK.
Commissioner Plummer: Wait a minute, wait a minute. Excuse me.
i
Mr. Reyes: OK. Those are the information that I've got.
Commissioner Plummer: The problem that I have there, is something doesn't... two and two
aren't making 105. If you took nineteen million dollars ($19,000,000) from the bond issue,
which we were assuming was for pension, to cover the deficit of last year, how can you put
nineteen million over and have a plus item of five million? Where is the difference in here?
Mr. Reyes: OK.
Commissioner Plummer: Hello?
Mr. Reyes: Last year, it was twenty-six million.
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152 December 12, 1996 f
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Mr. Chircut: Out of the twenty...
Commissioner Plummer: You can't have a deficit and a carry-over, too, in my book.
Mr. Chircut: This is twenty-six million six fifty-nine from the prior, from 1995, not 1996.
Commissioner Plummer: I understand that, but it was still a deficit.
Mr. Chircut: It's still a deficit.
Commissioner Plummer: The City Manager wrote a letter to the governor saying that two years
in a row, which was the qualifying factor for kicking in 218, that the City was in deficit for two
years. Correct?
Mr. Chircut: Right.
Commissioner Plummer: OK. Now, you're saying here that we got a fund balance of five
million carry-over. How can you be in deficit and have five million carry-over? I mean I'd love
to know how to do business that way. I'll make a lot of money.
Commissioner Gort: I don't think that's the statement. I think his statement is the deficit,
instead of nineteen...
Mr. Reyes: It should have been fourteen.
Commissioner Gort: It should have been nineteen minus five.
Mr. Reyes: Minus five. It should have been fourteen. It's still a deficit. The deficit exists.
Commissioner Plummer: When they paid the nineteen deficit, the five million was too much.
Commissioner Gort: Right.
Mr. Reyes: Right. That's right.
Commissioner Plummer: Ah.
Mr. Reyes: The five million should have been taken off the initial deficit. Instead of being
nineteen million, it should have been fourteen million. That's why you could have used that at
the beginning or at the end. I'm using it at the end.
Commissioner Plummer: All right. So what you're saying is they paid five million too much
towards the deficit.
Mr. Reyes: No. What I'm saying is the deficit should have been fourteen.
Commissioner Plummer: That's right. They paid nineteen. They paid five too much.
Mr. Reyes: Sure. OK. So...
Commissioner Plummer: That's to be verified.
Mr. Reyes: Yes, sir. Oh, yes, sir. Let me tell you this. All these numbers, I got from this book
and from the other... the little information I got. My purpose here is to send a positive message...
153
December 12, 1996
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Commissioner Plummer: Imagine if you got a lot of information.
Mr. Reyes: My purpose here is to send a positive message, and to ask the Commission to take
immediate action, and remedial action, because we are sending... We have been sending the
wrong message by not taking some action, and I think that it's about time that we tell the bond
raters, that we tell the financial institutions, that we tell all... everybody in the country that the
City of Miami is not bankrupt, and the City of Miami is not going down the drain, if we
implement what we have here. And these numbers, they could be over, they could be under. I
mean, that every single budget, they are projections. Budgets are projections. And you know
that better than I do, J.L. And if we project those numbers and our projections are right, then we
can tell the people that Miami is not dying, that we... Definitely, there is a problem, and this
problem is going to... it is manageable and the City Manager and the Commission is working
towards fixing this problem. And that's my purpose here.
Commissioner Gort: Let me ask you a question. What I understand from the projections you're
going through and the numbers you are going through, that it shows that if we do and take all the
actions that we've been taking, and the further actions that we need to take, according to the
study that you have done...
Mr. Reyes: That's right. According to...
Commissioner Gort: ... at the end of this year, there should be a surplus of seventeen million
dollars ($17,000,000).
Mr. Reyes: Yes, sir.
Commissioner Gort: OK.
Commissioner Hernandez: Commissioner, the importance of the analysis, and that's what we've
been trying to put forward, is that the crisis, at one point in time... and our main concern was that
it was getting out of control. We were sending the wrong message out to the national media and
the international media, which was basically damaging our reputation down here, not only in the
City of Miami, but in the County, South Florida. But the bottom line is, when you look at these
numbers, even if they are 50 percent off, you still have a surplus. You're not increasing solid
waste fees. You're not implementing this fire assessment fee, and we're working with a surplus.
Regardless whether our numbers are 50 percent off, yes, the City... we understand there's a
deficit. We understand there's a crisis, but it's very well manageable. And it got to the point, at
least in my eyes, that the crisis was getting beyond our control. It sounded like this place was
going under, and under very quick, when realistically, when you look at the numbers that Mr.
Stierheim has put across, in doing the cross-reference that we did, is that all we have to do is
follow these steps, and we're going to be all right. We're doing that as we speak already. And
this is, again, without an increase in solid waste fees, without the fire assessment fee. There's
also... I was just advised that we didn't have this... You have three hundred thousand as a one...
three million dollars ($3,000,000) as a onetime solution. We have an extra four hundred
thousand dollars ($400,000) to put into that with MSEA, and plus the reductions from the
departments, that we know have increased from the first workshop to the recommendations in
the second workshop.
Mr. Reyes: What I would like to add, Commissioners, is that this mess that we are in now, it
took ten years or more.
Commissioner Gort: A little more than that.
154
December 12, 1996
I Mr. Reyes: A little more than that. So we cannot solve this overnight. I think that we have to
take a step at a time and solve the next year's budget, and at the same time, start working on
recurring income. What are we going to do to bring... I heard the Mayor talking about
additional investments, that people are going to come and invest in the City of Miami. But we
have to... We have to portray ourselves as financial... stable. We have to send a message that
the City is going to work out its problem, and it's going to be in a very nice way, and we're
going to be... the City is here to stay. OK?
Commissioner Plummer: I think one of the major problems is that we have too many experts out
there who have too many different numbers, trying to tell the public who is right and who is
wrong. And there are people out there who are convinced that this is all a ploy just to up the
garbage fee. I mean, that's... It's incredible, some of the things that are being... Now, you
know, they could be right. I don't think they are. But when you have a multiple amount of
people out there, all giving different numbers, giving different accusations, giving all different
information, the public sits back and says, "Who's right?" And I think that's one of the greatest
dangers that we have, is that people are out there talking when they shouldn't be. There should
be one voice that has the analysis, which is going to be the auditors, and that's going to be it.
Mr. Reyes: Absolutely. But this report... I will submit it so the City Manager... for his review. I
spoke with him before and said, listen, if the numbers are right, if the numbers are not right, it is
your decision, and it's the decision of this Commission to take the proper action. And my
numbers, they come from just a single source, which is Merrett's document, your document.
Commissioner Hernandez: Thanks a lot, Manolo.
Mr. Reyes: You are very welcome.
Mayor Carollo: Manolo, thank you.
Mr. Reyes: You are very welcome.
Mayor Carollo: Thank you for your time, Manolo.
Commissioner Hernandez: By the way, he did this pro Bono, in conjunction with my office,
which was very nice.
Mr. Reyes: Oh, yes, I did it. And I know you're going to find a solution to solve our situation.
Mayor Carollo: Thank you.
Commissioner Gort: Thank you. `
Mayor Carollo: Shorty.
Mr. Shorty Bryson: Thank you, Mayor. Short Bryson, president of the Miami Fire Fighters. I
have to respond, because there's too many employees that are either watching from here or on
TV, and I'm not going to let it go with the new theory that the problem is not as bad as we
thought. Now, I've been doing this stuff for 15 years, and I've been going through those budgets
for 15 years, and I've seen us balance them for 15 years, with smoke and mirrors, onetime
revenues, and everything else. Yes, Manolo's numbers are in the book, and I've looked at them
myself. There are a lot of "if' columns in there, deferrals, onetime revenues. For instance, about
just roughly thirty-four million dollars ($34,000,000) of his solution is onetime revenue. All
right. If you look at deferrals and one -timers, that's what it comes out. Now, I look at this City
like a dried up sponge. We have services... And you heard citizens stand up here today and say,
155 December 12, 1996
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"I go down to get my plans inspected, and I can't be seen, because there's 25 people in front of
me." That means we don't have enough plans examiners. But we've been doing this for the
last... at least six years. We've down -sized. And I look at my own department, 590 fire fighters.
In 1990, we had 650. In 1990, we had 58,000 runs. Today, we have 75,000 runs. Now,
something's got to give when that keeps happening. And when I say "a dried up sponge," I
mean, if the money was there, there is money that needs to be put into capital improvement and
all these other items we have that could inflate that number to a hundred million or a hundred
and fifty million. All right? I think that Merrett's plan and his idea was to give us a onetime
shot at what our deficit is, and then say, recurring, you need the forty-six or forty-seven million
just to make what you have right now function, which really isn't what you need. All right?
Now, I look at that solution, and I say, here we are, and we're doing what we did for years. And
I stood up here and I did it, too. We balanced budgets one year at a time. We've got to look five
years down the road. We've got to start getting those recurring revenues. Garbage fees, hey,
that's all right. But let's find a recurring one. I offered a solution on possibly a sales tax in the
City from Tallahassee. The fire fee is a must in my opinion. It's a must. If we walk out of here
thinking that grants and some fanaggling on paper, and some concessions that are going away in
two years are going to solve our problem, then fold up the tent, gang. It's time to pack it up and
go home. It's not going to happen. We need the recurring revenue. And I ask that when you
finally submit to the Oversight Committee your plan that you think about that, because I don't
want to play the game like that anymore. Thanks.
Mayor Carollo: Shorty, come back here for a minute. You're correct in what you're saying.
We need the recurring revenue. If you remember, one of the first things I started asking of the
past Administration when Mr. Surana and Mr. Odio were here was that I wanted to see the
budget projections for five years. And then after months of not getting an answer, I finally asked
for it here, and I finally had to get out of them that we didn't have any budget projections. And
that's when I started getting worried. We had talked about that and you'll remember that.
Mr. Bryson: Yes, I do.
Mayor Carollo: And I think you were here that day that I asked for that.
Mr. Bryson: Yes, I was.
Mayor Carollo: We need to come up with a minimum of five-year budget projections of what
we're going to be spending, not just this fiscal year, the following fiscal year, but the next three,
minimum. And at the same time, as you mentioned before, and I said that you were correct and I
agree with it, find the recurring revenue not just for the next fiscal year, but for the next three.
One of the first things that we need to do before we really get down to figuring out how much
recurring revenues we really need to balance the books in the last three years out of this five-year
plan that we're talking about, is to find out - and I've asked this of the Manager so that we could
get it next week - how much are we going to have in expenditures the last three years, from '99,
2000, 2001. We need to know, first of all, what do we project that we're going to be spending,
including with the union raises that will be coming up on the first payroll after September 1st of
'98. I'm remembering that. We can count on getting grants past the next fiscal year. We should
have some there, but we got to go forward as if there were not going to be any, even though we
feel pretty certain there will be some. And this is how we have to go about it. I agree with you,
it cannot be done the old way that you do one budget at a time, and then you play with mirrors. I
think we've worked in some pretty solid numbers this fiscal year and next. But we will not get
the job done until we also give solid numbers for the last three out of the five that we at
minimum have to do budgets for. So we're on the same team on that. And I hear you loud and
clear. I didn't bring any further numbers because I needed the projections on expenditures for
those last three years. But basically, I would tell you now that we're working on a minimum of
being able to carry either a new revenue or in savings, a minimum of forty million or forty plus
156 December 12, 1996
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million for each of those last three years. We still need to find more. The fire fee is something
that if they could work in full or at least in part would be a big help, and that's why we approved
it today. So that can still be an option that we have. There were many other things that we
didn't include in there, which we have talked about some of them personally, that could give us
enough of a reserve so that we won't touch those monies, and be able to use the interest on a
regular basis. So there's a lot of work we still need to do. We have to figure out also on the best
information that we have now, how much new revenue do we anticipate to get in the year '99,
2000, 2001, from new property taxes when new construction comes on board. So there's a
tremendous, tremendous amount of work that we have to do in the next week and a half, ten
days, before we could have something solid.
Mr. Bryson: I'd be willing to help you.
Mayor Carollo: We need to work together. Thank you.
Mr. Reyes: Mr. Mayor, can I say something? Because I just wanted to clarify to Shorty that if
there is a person that understands and recognizes the importance of recurring revenue, it's me.
And I have been always a great advocate of economic development programs in the City of
Miami. I try to provide incentives to people to come and invest in our City and raise our tax
base. If we don't raise our tax base, then we're going to have big problems. And I think that
they are right. We have to keep on working. Either certain fees, I don't know what we're going
to do, but we need recurring revenues, and we need to increase our tax base. Thank you.
Commissioner Gort: Mr. Mayor...
Commissioner Plummer: Can I... Go ahead.
Commissioner Gort: What I'd like to suggest, the... What it shows here is according to these
papers, what the shortfall is, instead of sixty-eight, fifty-seven. And I think one of the things we
talked about, and J.L. was right on that, we have different numbers going back and forth. And I
think once and for all, if staff can sit down and go over those numbers, I think definitely, once
we can get the numbers from the audit or from our Finance Department, we should get the
accurate numbers of the deficit.
Mayor Carollo: Well, Commissioner, I agree with what you're trying to accomplish. But the
truth of the matter... and I have a lot of respect for Manolo Reyes, and I think he's done the best
effort that he can in analyzing the numbers that he's been given. We had a tremendous amount
of people that went through, for weeks and weeks at a time, all the information that we had, a lot
more than Manolo has had available to him. They came to that conclusion on at least a sixty-
eight million dollar ($68,000,000) deficit. So I have no doubt in my mind that that's a real
number that we're dealing with.
Commissioner Plummer: Let me ask a question. I assume that when the Commission voted on
engaging the firm to do the study on the fire fee, as I recall, it was unanimous. Correct?
Mayor Carollo: That's correct.
Commissioner Plummer: And that at that time, nor now, there's no one who has voiced
opposition to the fire fee.
Mayor Carollo: Commissioner, the only voices that have been heard on it, I think mainly have
been yours and mine.
Commissioner Plummer: OK.
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Mayor Carollo: I'm concerned that they're real numbers in how we're going about it.
Commissioner Plummer: OK. Because, I mean I... I guess, really, what I'm saying is, if this is
not going to pass up here, if that's not going to pass, let's stop this group from spending our
money and doing a study, because it is fully with my understanding that, you know, it's going to
accomplish more than just a recurring revenue. It's going to get some people that have never
paid any tax-exempt property, they're going to start making a contribution to the City. So I'm
hopeful that we're...
IMayor Carollo: Well, that was my understanding, and this is where I'm having the major
concerns about now. But, you know, we need to give them every opportunity to show us that
they can accomplish that through the areas that they would guide us on this fire fee.
Commissioner Plummer: Well, OK, because I just... You know, what I'm looking at, and I've
i looked at all of the time, these one shot deals is not going to cure us. OK? No way, shape or
form. I mean, we're looking... And we haven't even heard yet what the anticipated revenue -
excuse me - the anticipated deficit is for '98. We know there's going to be a deficit. Right?
Hello?
Mr. Edward Marquez (City Manager): Yes, sir.
Commissioner Plummer: Yes, sir.
Mayor Carollo: We do.
Commissioner Plummer: And I've heard numbers...
Mayor Carollo: Forty-six and a half million, about.
Commissioner Plummer: OK. So what I'm saying is, if we do one shot items this year, there
ain't going to be many of them left for next year. And that's where I think that I have said all the
way along that my main emphasis is going to be on reoccurring, because we've got to... You
know, everything is going up. The price of groceries is going up. The price of electricity is
going up. And God forbid, my homeowner's policy just went through the roof. You know,
everything is going up. And so we've got to find ways that we can meet. And I... You know,
Tomas, I understand. I have a neighbor just like yours who is on a fixed income. And he's
griping not only about taxes, he's griping about insurance, he's griping about the car, that
everything is going up, and he's on a fixed income. And I understand that. But, you know, we
also have to understand that the price that the City pays for goods is going up. We're no longer
paying a tipping fee of six dollars ($6) a ton to get rid. We're either paying forty-five or fifty-
four. And it's going to go up from there, and there's no question in my mind about it. But I'm
just hopeful, Mr. Mayor, that I didn't misread anything, for example, in your numbers or
Manolo's numbers that doesn't address anything about the fire fee. You know, I've made my
point very clear. I will not assess it against homeowners, because they can't deduct it, where a
business can.
Mayor Carollo: See, but this is why I did not include it, Commissioner.
Commissioner Plummer: OK. Hey...
Mayor Carollo: You just stated that you are making it clear that you do not want an assessment
against homeowners.
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December 12, 1996
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Commissioner Plummer: That's correct.
Mayor Carollo: But...
Commissioner Plummer: But I also said, Mr. Mayor, the same bottom line applies. OK? If the
twenty million dollars ($20,000,000) is what is the figure that is estimated to raise, then you have
to go heavier on the commercial aspect. And I say that simply because it's a cost of doing
business, and they can charge it off. A homeowner has nothing, no one to charge it off to.
Mayor Carollo: Well, yes and no.
Commissioner Plummer: So the same bottom line remains.
Mayor Carollo: Yes and no on the businesses. But in order for you to be able to place that fire
fee, you have to charge it across the board. We are not going to be able to charge it to businesses
and not to homeowners. And, you know, this is why I did not include it in the numbers that I
gave, since I really don't know how much it's going to bring us. I did not want to use numbers
that might be totally off, so that's why I didn't use it. Now, I'd rather leave it as a plus that we
could add on, once we know the real number that it could bring us.
Commissioner Plummer: Well, if you have other information than what I've been told, I have
not received an answer that you can't do it. I've been told...
Mayor Carollo: Well, I did. I met with the two experts that were sent down here from
Tallahassee that deal with that.
I Commissioner Plummer: And so did I, and they did not tell me that.
Mayor Carollo: They told me clearly that it could not done that way. So if they changed their
mind since last week, so be it.
Commissioner Plummer: Let me tell you something. If they told you that, then I'm going to
vote to get rid of them, because they didn't tell me that. They said they were looking into the
matter, and you were there, Carlos.
Mayor Carollo: Well...
Vice Mayor Regalado: Then what they said to me, J.L....
Mayor Carollo: When did they meet with him? When did they meet with him? Before they met
with me, or after?
Commissioner Plummer: Day before yesterday.
Chief Carlos Gimenez (Chief of Fire): They met with him before they met with you. And...
Mayor Carollo: OK. Well, somehow between after they met with him and came to meet with
+ me, they, you know, had a difference.
Chief Gimenez: Well, the old item has to be studied. That's what they're here for.
Commissioner Plummer: That's what they told me. There was no definite answer, yes or no.
Chief Gimenez: I'll just leave it at that. The whole thing has to be studied. We'll come back to
you, and then you can make the policy decision that you want to.
159 December 12, 1996
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Mayor Carollo: Well, Chief, you made my case. That's why I did include it for future years.
And frankly, for the next fiscal year, we don't need it. It would be nice to have it when we do
need it, and we'll see from then on if we can include it or not. But, you know, you can't include
something that, as you say, is still being studied. Mr. Manager.
Commissioner Gort: Mr. Mayor, it was not my intention to stop anything. What I'm asking is,
someone made a statement here about the budget. I think those numbers should be checked, and
if they're wrong, they should come back to us, also. I'd just like for staff to sit down with it,
look at the numbers, and come up with an agreement. I think we have to look at all the options.
I think we have to look at everything that we have in front of us, and then we have to take a
decision. We would not be able to take it unless we have everything in front of us. So that was
not my intention.
Mayor Carollo: No, no. I understand.
Commissioner Gort: My suggestion was, let our staff look at it, let our professionals look at it
and come back with it and let us know.
Commissioner Plummer: I agree.
Mayor Carollo: Mr. Manager.
Mr. Marquez: I've been very quiet for the last two presentations.
Mayor Carollo: You have.
Mr. Marquez: And, well, I figured I'd let everyone go through and put on the record what they
needed to put on the record. A couple things were said during the last presentation, and they
were quite true. A lot of bad information was going out into the financial market. The sentiment
that was made was that this fiscal crisis is manageable. I wholeheartedly agree with that. As to
the information going out to the financial markets, I have been in contact with S&Ps (Standard
and Poores), and the Moodys, and the insurance companies, and the letter of credit providers to
give them some comfort. And the State has been doing the same thing. Now, Mr. Mayor, you
have also said that we have to look on a long-term basis, and you need projections from staff,
and that's absolutely true. And we will work on giving the Commission some projections this
coming week on... out into the future, because the State is going to be looking at a five-year
period window of time. If we're coming up and relying on revenues from grants, we have to
convince the State Board that we are picking up recurring revenues further down the line. And
therefore, our period of time of our plan is longer. As to all the information that was presented,
I've got to go through it with staff, and I will be reporting back to the Commission our
perspective on the matter. Again, from day one, it's always been we will try to get onto the
record everything that's relevant for your decision making. What's very positive that I've seen
today is that the unions are very interested in working with us. I think everyone here is actively
trying to arrive at something that's real for a presentation to the State. And I know that the State
is extremely interested in seeing something real come to them. And in that regard, you know,
one of the things I want to make sure we do is schedule another meeting, hopefully, next
Thursday, so we have a little time to work on the numbers and get back to you all. And then we
can work... talk again, and then, hopefully, by December the 23rd, we can all arrive at one plan
that we all can agree on.
Mayor Carollo: Thank you. OK.
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48. BRIEF DISCUSSION/ SCHEDULE SPECIAL MEETING FOR BUDGET
WORKSHOP FOR 12/19/96, AT 10:.00 A.M.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: We're back to item 18.
Commissioner Plummer: Mr. Mayor, you want to go ahead and schedule a meeting; for next
Thursday? My schedule is clear.
Mayor Carollo: I will be able to meet as quickly as we need to. I'll make myself available.
Next Thursday is what date? The 19th?
Commissioner Plummer: The 19th.
Mayor Carollo: So your schedules are available for the 19th, I hope.
Commissioner Plummer: Mine is open.
Mayor Carollo: OK.
i
Vice Mayor Regalado: The 19th.
Mr. Edward Marquez (City Manager): The ordinances that need second reading will be to hear
the second reading on the 23rd because of difference of time.
Mayor Carollo: Right. OK.
i Mr. Marquez: But it's basically a workshop again on the 19th.
Mayor Carollo: Well, I don't know if we want to call it a workshop or not. Let's schedule it. If
you want to say workshop, regular Commission meeting.
Commissioner Plummer: Yeah. And if we have to make decisions, we can.
Mayor Carollo: This way, we could handle business in case we need to.
Commissioner Plummer: So can we say... Mr. Mayor, can we start it, say, at ten or eleven in the
morning?
Mayor Carollo: Ten, I think, is better.
I Commissioner Plummer: The 19th.
Mayor Carollo: Yeah. Let's start at ten.
Commissioner Plummer: All right. Let me get a chance to get into my office.
j Mayor Carollo: This way, we got plenty of time to finish business then.
Commissioner Gort: The 19th?
161 December 12, 1996
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Commissioner Plummer: The 19th, yeah.
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49. FIRST READING ORDINANCE: AMEND CODE RELATED TO FIRE
PROTECTION PENALTIES, PERMITS AND FEES -- (1) INCREASE
CHARGES FOR INSPECTION AND TESTING OF FIRE SUPPRESSION
SYSTEMS / (2) ESTABLISH FIRE SAFETY PERMIT / (3) PROVIDE
SCHEDULE OF FEES FOR ISSUANCE AND ANNUAL RENEWAL / (4)
PROVIDE FOR REVOCATION AND CIVIL AND CRIMINAL PENALTIES /
(5) PROVIDE FOR USE OF SAID FEES BY AMENDING SECTIONS 2-409
AND 19-2 AND ADDING NEW SECTION 19.2.1.
----------------------------------------
------------------------------------------------------------------------
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Commissioner Plummer: I move item 18.
Mayor Carollo: Move on 18?
Commissioner Plummer: Yes.
Mayor Carollo: Second by Commissioner Gort. If you could read the ordinance, Mr. City
Attorney.
Commissioner Plummer: The City Attorney reading 18.
NOTE FOR THE RECORD: Commissioner Plummer reads the
I proposed first reading or finance related to Agenda item 18 by title
i only.
Commissioner Plummer: I so move.
Mayor Carollo: Call the roll, please?
Mr. Mariano Cruz: What about public hearing? I want to say a comment there.
Mayor Carollo: You can say something. Two minutes, please, on the clock.
Mr. Cruz: Yeah. Mariano Cruz, 1227 Northwest 26th Street. These people, the Fire
Department, they said, in other words, to... I question the fee going to be to the homeowners,
because I see that the Fire Department is giving a lot of service like to... I mentioned before,
Jackson Hospital, which doesn't pay, and then we pay Jackson for medical service, eighty
thousand and ninety-four thousand a year for the rescue service. We're paying Jackson, and
Jackson don't pay us a penny. We're serving the whole of Dade County. I mean, Miami is the
engine that's moving the whole County, and now, they want to leave the engine without
gasoline. And also, I question... going to be specific, the Fire Department. Is that going to be
used for more Assistant Chiefs? I have the list here. Fifty-two captains, 125 lieutenants, t
assistant fire marshalls, blah-blah-blah. The plutocrats that's being formed here. Oh, because I
remember when I was in the Army in 1962, the October crisis Cuban Volunteer Unit, I was in.
Fort Knox and Fort Jackson, one platoon, 200 people, only had one captain, two lieutenants, and
r.
162 December 12, 1996 l
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tour sergeants, and tour active platoons. They don't have to many... and this is a quasi -military,
paramilitary organization, same thing than the police. I don't see the need, unless a lot of those
people are using... they are behind a desk someplace. And I think that's wrong. We should
have... I see about 400 fire fighters. I got about 200... it's a ratio of one to two. I don't know.
You should check onto that. Because I don't mind paying taxes, but I mind the way the services
are being delivered, and that's not a way, a cost-effective way of delivering services here. I
say... Maybe other people don't say, but I say that, because I live there, and I pay taxes within
the City limits of Miami. And I live in Miami for 35 years. And here, I hear a lot of people, a
lot of people that come here, expert, they don't even live in Miami. They don't even worry
about... They don't even receive the City of Miami service. Thank you.
Chief Carlos Gimenez (Chief of Fire): I'd like to clear something up before we go. This is not a
fire assessment fee. This is... will not be assessed on any homeowner or duplex owner. Also, I'd
like to state that of the 580 fire fighters that are in the City of Miami, 550 are actually providing
service in the street. We have very few staff positions. I'll show you.
Mayor Carollo: Would you call the roll, finally.
An Ordinance entitled -
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, RELATED TO FIRE PROTECTION PENALTIES, PERMITS AND
FEES, THEREBY: (1) INCREASING CHARGES FOR INSPECTION AND TESTING
OF FIRE SUPPRESSION SYSTEMS; (2) ESTABLISHING A FIRE SAFETY PERMIT;
(3) PROVIDING A SCHEDULE OF FEES FOR THE ISSUANCE AND ANNUAL
RENEWAL THEREOF; (4) PROVIDING FOR REVOCATION AND CIVIL AND
CRIMINAL PENALTIES; (5) PROVIDING FOR THE USE OF SAID FEES; MORE
PARTICULARLY BY AMENDING SECTIONS 2-409 AND 1.9-2 AND ADDING
NEW SECTION 19.2.1 TO SAID CODE; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
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December 12, 1996
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was introduced by Commissioner Plummer, seconded by Commissioner Gort, and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
50. AUTHORIZE CITY MANAGER TO: (1) EXECUTE AMENDMENTS TO
CERTAIN EASEMENTS GRANTED TO METROPOLITAN DADE COUNTY,
(2) ACCEPT AMENDMENTS TO ACCESS AGREEMENT AND EASEMENT
f GRANTED TO CITY PURSUANT TO R-95-419, (3) GRANT TO COUNTY
CONSTRUCTION EASEMENTS AND NON-EXCLUSIVE UTILITY
EASEMENT WITH PAYMENT TO CITY OF $150,000.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Move 19. And I met with - by accident - with the County Manager,
and for the information, the CRA (Community Redevelopment Agency) problem, he has
definitely stated to me is our problem, not his problem. I told him about the MSEA (Miami
Sports and Exhibition Authority) funds. He said they were working on that, and would definitely
be taking care of that very quickly.
Mayor Carollo: That will be coming before the County Commission on Tuesday, Commissioner
Plummer.
Commissioner Plummer: OK.
Mayor Carollo: It will be before their committee tomorrow. So.
Commissioner Plummer: So that only leaves one open area, and that can be resolved, and that's
the hundred million they're going to pay us for the port and...
Mayor Carollo: No, sir.
Commissioner Plummer: What, more? So I move item 19.
Mayor Carollo: I'd rather not shock anybody now, Commissioner, so let's move on.
Commissioner Plummer: Anything over a hundred, I'll talk about.
Commissioner Gort: Are you moving it?
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December 12, 1996
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Mayor Carollo: Well, please don't. You know, we've already been over that.
Commissioner Gort: Are you making a motion?
Commissioner Plummer: I've made the motion.
Commissioner Gort: Second. By the way, I did have a meeting with our staff and their staff,
and the CRA, and they're ready to move on. We have an agreement, and it should be done.
Commissioner Plummer: I moved 19.
Commissioner Gort: I second it.
Mayor Carollo: OK.
Commissioner Plummer: The Tony Clemente Relief Bill.
Mayor Carollo: It's a resolution. Call the roll, please.
Commissioner Plummer: It's a resolution, yeah.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-910
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO: 1) EXECUTE AMENDMENTS, IN SUBSTANTIALLY THE
ATTACHED FORM(S), TO CERTAIN EASEMENTS GRANTED TO
METROPOLITAN DADE COUNTY AND 2) ACCEPT AMENDMENTS TO THE
ACCESS AGREEMENT AND EASEMENT GRANTED TO THE CITY OF MIAMI,
PURSUANT TO RESOLUTION NO. 95-419; FURTHER AUTHORIZING THE CITY
MANAGER TO GRANT TO THE COUNTY THREE (3) ADDITIONAL
TEMPORARY CONSTRUCTION EASEMENTS AND A NON-EXCLUSIVE
UTILITY EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, OVER,
ALONG AND UPON CERTAIN PARCELS OF CITY -OWNED LAND SITUATED
ON VIRGINIA KEY, MORE PARTICULARLY DESCRIBED HEREIN, WITH
PAYMENT IN THE AMOUNT OF $150,000 TO BE PROVIDED BY THE COUNTY
TO THE CITY AS CONSIDERATION FOR ALL AGREEMENTS REFERENCED
HEREIN.
165 December 12, 1996
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(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Mayor Carollo: I am not going to let you negotiate for us. You're going down instead of up.
Commissioner Plummer: Oh, no, no, no. I said that was, you know, open or something.
Mayor Carollo: Yeah, well, speak to the Manager and he'll give you some better guidance on
that.
Commissioner Plummer: My previous estimate was a hundred and fifty.
-------------------- -------------------------------------------------------------------------------------------
51. AUTHORIZE CITY MANAGER TO ACCEPT A LEGISLATIVE LINE ITEM
GRANT FROM STATE OF FLORIDA, DEPARTMENT OF
ENVIRONMENTAL PROTECTION, FOR MIAMI RIVERWALK PROJECT
FOR $200,000.
Commissioner Gort: Move 20.
Mayor Carollo: On 20. There's a motion on 20.
Commissioner Plummer: All right.
Commissioner Gort: It's a grant for two hundred thousand dollars ($200,000).
Mayor Carollo: Second by Commissioner Regalado.
Commissioner Plummer: Second.
Mayor Carollo: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No nays.
166
December 12, 1996
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The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 96-911
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A
LEGISLATIVE LINE ITEM GRANT FROM THE STATE OF FLORIDA,
DEPARTMENT OF ENVIRONMENTAL PROTECTION, FOR THE MIAMI
RIVERWALK PROJECT, IN THE AMOUNT OF $200,000; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY
DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO
ACCEPT SAID GRANT AND IMPLEMENT THE PROJECT.
(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 J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
52. AUTHORIZE SALE TO SCHOOL BOARD OF DADE COUNTY OF REAL
PROPERTY AT: 190 N.W. 20 STREET, 1852 N.W. 1 PLACE, 1834 N.W. 1
PLACE, 1833 N.W. 2 AVENUE, 1800 N.W. 1 PLACE, FOR PURCHASE
PRICE OF $125,000 -- PAY ANNUAL PAYMENT TO CITY IN LIEU OF
TAXES FOR $1,463.19.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Twenty-one.
Commissioner Plummer: I'm going to move it, Mr. Mayor, because I like the idea that they're
going to be giving an annual contribution to the City, and also buying the property. I think that's
very good. And I hope the City Manager really loves it in the future.
Mr. Eduardo Rodriguez (Director, Asset Management): Mr. Mayor, I'd like to make an
additional clarification. This morning, they agreed on paying also the title insurance policy.
Commissioner Plummer: The what?
Mr. Rodriguez: The title insurance policy.
Commissioner Gort: The title insurance.
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December 12, 1996
Commissioner Plummer: Oh.
i
Commissioner Gort: Second.
Commissioner Plummer: Well, sounds good.
Mayor Carollo: OK. So we got another hundred and twenty-five thousand here that we could
add to this fiscal year's dollars, plus another one thousand four hundred and sixty-three nineteen
recurring. In the recurring side, do we have any kind of scale that will go up, or is it going to be
like that forever?
Mr. Rodriguez: No, it's forever. We put the flat amount.
Commissioner Plummer: Recurring is one thousand four hundred sixty-three dollars and
nineteen cents.
Mayor Carollo: Yeah, on this. This is based on...
Commissioner Plummer: The assessment.
Mayor Carollo:
Yeah, the assessment.
Mr. Rodriguez:
Actually, on the sales price, not the assessment.
Commissioner Plummer: Yeah. OK.
Mayor Carollo:
Yeah.
Mr. Rodriguez:
The assessment is a lot less.
Mayor Carollo: I understand. But the monies that are paid in lieu of taxes, it's about 20 years
ago dollars. But anyway... It's funny. OK. Call the roll, please.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-912
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE SALE, TO THE
SCHOOL BOARD OF DADE COUNTY, OF CERTAIN REAL PROPERTY
DESCRIBED IN EXHIBIT A, FOR THE TOTAL PURCHASE PRICE OF $125,000;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT OF
PURCHASE AND SALE, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO
CONVEY THE PROPERTY BY SPECIAL WARRANTY DEED CONTAINING A
COVENANT TO PAY AN ANNUAL PAYMENT TO THE CITY IN LIEU OF TAXES
IN THE AMOUNT OF $1,463.19; AND DIRECTING THE CITY ATTORNEY TO
EFFECT THE CLOSING.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
168 December 12, 1996
r
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L.Plummer Jr
NAYS:
ABSENT:
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
None.
None.
---------------------------------------------------------------------------------------------------------------
53. ALLOCATE $347,000 OF EMERGENCY SHELTER GRANT FUNDS TO
PREVIOUSLY NAMED AGENCIES TO PROVIDE FUNDING FOR SOCIAL
SERVICE PROJECTS SERVING HOMELESS.
Commissioner Plummer: On 22, Mr. Manager, where is that money coming from?
Commissioner Gort: HUD (Department of Housing and Urban Development).
Commissioner Plummer: It doesn't say that.
Commissioner Gort: Yes, it does.
Mr. Jeffrey Hepburn (Assistant Director, NET/Housing): Those funds... Commissioner, those
funds are corning from the Federal Government Emergency Shelter Grant.
Commissioner Gort: Move it.
Commissioner PIummer: Second.
Mayor Carollo: There's a motion, second. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: OK. No nays. It passes.
169
December 12, 1996
Ii.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 96-913
A RESOLUTION, ALLOCATING $347,000 OF EMERGENCY SHELTER GRANT
FUNDS TO PREVIOUSLY NAMED AGENCIES TO PROVIDE FUNDING FOR
SOCIAL SERVICE PROJECTS SERVING THE HOMELESS POPULATION;
AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL
AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
THE AGENCIES DESIGNATED HEREIN TO IMPLEMENT THEIR PROJECTS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
54. AUTHORIZE REQUEST FOR PROPOSALS (RFP) SEEKING NOT -FOR -
PROFIT AND GOVERNMENTAL AGENCIES TO PROVIDE HOUSING
ASSISTANCE AND RENTED SERVICES TO LOW INCOME PERSONS
LIVING WITH HIV / AIDS.
Mayor Carollo: Twenty-three.
Mr. Jeffrey Hepburn (Assistant Director, NET/Housing): On item 23, Mr. Mayor and
Commissioners, the City of Miami received eight point three million dollars from the Federal
government under the HOPWA (Housing Opportunities for Persons with AIDS) Program. And
that program provides funding to assist persons with AIDS (Acquired Immune Deficiency
Syndrome). What we're requesting today is to be able to put out an RFP (Request for Proposals)
for roughly three point two million dollars of the eight million dollars to get services, housing
assistance services from agencies that would assist those particular clients.
Commissioner Plummer: But that's rentals, not purchases.
Mr. Hepburn: Yeah. We're talking about four categories, roughly two million dollars
($2,000,000) in long-term rental assistance that would provide rents up to 52 weeks, for one
year. We're also talking about emergency housing assistance, in terms of short-term, 30 days or
more, if they need assistance, for a half million dollars. Utility assistance to help them pay their
light bills, water bills, and that sort of stuff, a half million dollars. And the last item is for special
needs, and moving assistance, to the tune of two hundred forty thousand dollars ($240,000).
170 December 12, 1996
a
I:
i
Commissioner Plummer: So it's two million two hundred and forty thousand?
Mr. Hepburn: Forty thousand dollars ($40,000), correct.
Commissioner Plummer: You know, I've asked this question before, and I'm going to ask it
again. Does the Federal Government give any money for any other terminal illness, to your
knowledge?
Mr. Hepburn: To my knowledge, no.
Commissioner Gort: Move it.
Mayor Carollo: Moved.
Commissioner Plummer: I second the motion.
Mayor Carollo: Second by Commissioner Plummer.
Commissioner Plummer: There's so many... Mr. Mayor, you know, my only...
Vice Mayor Regalado: I just have a question.
Commissioner Plummer: My only point was, there's so many people out there with hospice, and
hospice does such a great, great job that it's amazing to me that the Federal government would
run out to do something for one category of very ill people and not for another. And it just really
upsets me to no end on that.
Mayor Carollo: All right.
Commissioner Plummer: But we can't do, I guess, anything about it here except voice our
i opinion.
Mayor Carollo: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
pair::
A
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 96-914
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REQUEST FOR
PROPOSALS (RFP), IN SUBSTANTIALLY THE ATTACHED FORM, SEEKING
NOT -FOR -PROFIT AND GOVERNMENTAL AGENCIES TO PROVIDE HOUSING
ASSISTANCE AND RELATED SERVICES TO LOW INCOME PERSONS LIVING
WITH HIV/AIDS IN CONNECTION WITH THE 1996 HOUSING OPPORTUNITIES
FOR PERSONS WITH AIDS (HOPWA) PROGRAM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
55. DIRECT ADMINISTRATION: BY MAYOR CAROLLO TO CONSERVE
ELECTRICITY, WATER AND ELIMINATE UNUSED PHONES COSTS AT
RIVERSIDE CENTER AND OTHER CITY OFFICES.
---------------------------------------------------------------------------------------------------------------
Mayor Carollo: Mr. Manager, he mentioned water, and it reminded me of something that I have
been wanting to tell you for some time. I've been noticing, like, for instance, one location in this
building for the last two and a half - more than that - probably closer to four months, the water in
one of the toilets has just been running like, you know, a river. At that rate, it's probably costing
us five, six hundred dollars ($600) a month in water bills. No one seems to do anything about it.
I'm sure it's not the only place. There are probably other places in our buildings that we have
the same problem going on. The new Administration building, every time that I go by there, you
know, late at night, A.M. hours, on 1-95, I see all kinds of lights on. If we have cleaning people
there, you know, they can turn lights, floor by floor, and not four, five, six, seven, eight floors at
a time. We really need to get a hold of our light bills and water bills. Besides that, one thing
that I didn't mention before that Southern Bell brought to our attention is that we had closed
some 681 phones that no one was using anymore. We had left offices, but we still left them
connected, and we're still getting charged for it, over ten thousand a month. So these are the
kind of things, and utilities, that we immediately need to get a hold of so we could save
additional dollars. You know, lights, water, phones. And I know you've got a lot in your hand,
but maybe your capable Chief of Staff that's come on board now can assign somebody to take
care of some of these matters.
172 December 12, 1996
saky
j Mr. Edward Marquez (City Manager): Sir, we'll absolutely follow up. The City Administration
doesn't want to waste anything.
Mayor Carollo: OK. Well, I know you have a lot in your hands and you've just come on board,
but nevertheless, these are areas that, you know, some one else should have brought up to your
attention. It shouldn't have had to come from me. Thank you.
----------------------------------------------------------------------------------------------------------------
56. AUTHORIZE CITY MANAGER TO EXTEND CONTRACT PERIOD WITH
GREATER BISCAYNE CHAMBER OF COMMERCE TO 6 / 30 / 97 --
PROVIDE ADDITIONAL $25,125 FOR ECONOMIC DEVELOPMENT
SERVICES -- ALLOCATE FUNDS FROM 22 YEAR CDBG / CBO'S /
ECONOMIC DEVELOPMENT INCENTIVE POOL.
--------------------------- ------------------------------------------------------------------------------------
Commissioner Plummer: I move item 24.
Mayor Carollo: Twenty-four.
Commissioner Gort: Second. That's the Greater Biscayne Chamber of Commerce.
Mayor Carollo: Second. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-915
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH GREATER BISCAYNE CHAMBER OF COMMERCE, INC., TO EXTEND
THE EXISTING CONTRACT PERIOD TO JUNE 30, 1997, AND TO PROVIDE
ADDITIONAL ADMINISTRATIVE FUNDING IN THE AMOUNT OF $25,125.00, TO
CONTINUE IMPLEMENTING ECONOMIC DEVELOPMENT SERVICES;
ALLOCATING FUNDS THEREFOR FROM THE TWENTY-SECOND (22ND) YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS COMMUNITY BASED
ORGANIZATIONS (CBOs) ECONOMIC DEVELOPMENT INCENTIVE POOL.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
173
December 12, 1996
Ea
N
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
57. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENTS TO
ALLOCATE FUNDS FOR SHORT AND LONG TERM HOUSING
ASSISTANCE TO LOW INCOME PERSONS WITH AIDS -- ALLOCATE
$810,823 TO METRO-DADE OFFICE OF COMMUNITY SERVICES --
ALLOCATE $1,924,834 TO CHRISTIAN COMMUNITY SERVICE AGENCY,
INC.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Twenty-five.
Commissioner Gort: Move it.
Mayor Carollo: Moved by Commissioner Gort. Second by Commissioner Hernandez. All in
favor, signify by saying 11aye.11
The Commission (Collectively): Aye.
Commissioner Plummer: Well, here again... Excuse me. Hold on, please.
Mayor Carollo: OK.
Commissioner Plummer: This is Housing Opportunities for the Homeless. This is another...
Mr. Jeffrey Hepburn (Assistant Director, NET/Housing): No. For persons with AIDS.
Commissioner Plummer: ... for the AIDS group.
Mr. Hepburn: Correct.
Commissioner Plummer: So this is the second one. This is two million... The other one was
two million two forty. Now, what is this money going to be used for?
j. Commissioner Gort: Existing facilities for families.
Commissioner Plummer: What?
Commissioner Gort: Existing facilities for families.
174 December 12, 1996
Mr. Hepburn: These funds are to...
Commissioner Plummer: Families or AIDS victims?
Mr. Hepburn: These funds are for persons who have HIV -AIDS. These funds will... Basically,
what we're doing is continuing a contract we had with Dade County, and also providing new
enrollments with Christian Community Service Agency. Again, short-term, long-term
assistance, housing assistance.
j Commissioner Plummer: But none of this money is going to... You know, I had a problem
' before when they were going to buy houses. This is not buying any houses. It's basically
rentals.
Commissioner Gort: Rentals.
Mr. Hepburn: Yes. Basically, the Section 8 rental program that is in place now.
Commissioner Plummer: So this is another almost three million dollars ($3,000,000).
Mr. Hepburn: Of the eight million that we got back in July.
Commissioner Plummer: OK.
Vice Mayor Regalado: How many buildings in the City of Miami are being used by this project?
Mr. Hepburn: None. What I'm... Not any.
Vice Mayor Regalado: I'm sorry?
Mr. Paul Eisenhart (Housing Specialist): Commissioner, this is for agencies to deal with
individual landlords. I don't have a specific number as to the landlords that are dealt with within
the City and outside of the City limits. This is a total Countywide program.
Vice Mayor Regalado: I know that, but there are buildings within the City limits that would be
willing to participate in either low housing income families, not public, but when they go to Plan
8, even this kind of project. I don't know why Dade County does not look within the City limits
for contracting with those buildings.
Mr. Eisenhart: If I could address that. The agencies make the best deals that they can with
individual landlords, and... to get the most leverage on the funds that help these families. And
any landlord is welcome to contact the agencies that are awarded these funds.
Commissioner Plummer: How much money goes to administration of these two grants?
Mr. Eisenhart: There is... For the agencies themselves, there's a seven percent cap on
administration on the grants that they receive.
Commissioner Plummer: They each get seven percent.
Mr. Eisenhart: Yes, sir.
Mayor Carollo: Have we...
175 December 12, 1996
��. ',t:.
Commissioner Plummer: Call the roll.
Mayor Carollo: ... called the question?
Commissioner Plummer: Yeah.
Mayor Carollo: OK. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.96-916
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
I AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
ALLOCATING TO METROPOLITAN DADE COUNTY, DEPARTMENT OF
HUMAN RESOURCES (OFFICE OF COMMUNITY SERVICES), THE AMOUNT OF
$810,823.00, AND TO CHRISTIAN COMMUNITY SERVICE AGENCY, INC., THE
AMOUNT OF $1,924,834.00, FROM THE FISCAL YEAR 1996 HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM GRANT
FUNDS; SAID FUNDING FOR THE PROVISION OF SHORT AND LONG TERM
HOUSING ASSISTANCE TO VERY LOW INCOME PERSONS WITH AIDS.
(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 J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
176
December 12, 1996
r
Mayor Carollo: Twenty-six has been withdrawn.
----------------------------------------------------------------------------------------------------------------
58. ACCEPT BID: BEST'S MAINTENANCE AND JANITORIAL SERVICE,
INC. -- FOR FURNISHING OF EVENTS MAINTENANCE SERVICES AT
THE COCONUT GROVE CONVENTION CENTER -- ALLOCATE FUNDS
($80,000) FROM FY 96-97 COCONUT GROVE CONVENTION CENTER,
ACCOUNT CODE 415000-350201-340.
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: We're on 27. On 27, Christina Abrams or... no. Ms. Carter? There were 40...
There were only two bids out of 49 bid proposals?
Ms. Judy Carter (Chief Procurement Officer): Yes, yes. But I'm very comfortable with that
price, based upon the history of Best Maintenance Company. Ordinarily, I would have
evaluated, and if I was unfamiliar with that firm, or if there was indications that that price was
not competitive, we would reissue the bid. But Best has a history in the City of Miami of not
only providing good service, but very, very competitive price. And with that in mind...
Mayor Carollo: How much were we paying there before?
i
1 Ms. Carter: It was about the same, our price.
Mayor Carollo: Well, what was the price?
Ms. Carter: I don't have the exact figures at this time.
Mayor Carollo: Well, it's always good to have that.
Commissioner Gort: Eighty thousand.
Mayor Carollo: Hmm?
Commissioner Gort: It's my understanding it's eight thousand dollars ($80,000)?
Ms. Carter: No. That's for the current contract value.
Commissioner Gort: Oh, the current contract.
Ms. Carter: He asked how much was the... We can tell you how much... the contract value of
the previous contract, but you're asking about the hourly rate.
Mayor Carollo: Well, I have no problem with Best. They're doing other properties for us...
Ms. Carter: Yes.
Mayor Carollo: ... including the new Administration building. But, you know, when 1 see firms
being the same ones that come up time after time, I think it's only proper that we ask if the
amounts that we're receiving are compatible with prior amounts that we have paid there. And
since there were only two bids...
177
December 12, 1996
Ms. Carter: Yeah. I can summarily say, sir, that based upon the fact that it is Best, and I do
know the history of Best throughout this City over these years, that their prices have always been
very competitive, even to previous years.
Mayor Carollo: Well, you've already made your case for Best being competitive. But I'm just
concerned that with so many cleaning services, that if you mailed out 49, how come we only had
two bids?
Ms. Carter: Well, there was... This particular bid requirement - and I believe this young lady
ought to be able to help us - the requirements were not your every day janitorial services that
were needed, as it might have been the case with MRC (Miami Riverside Center) or some other
building. My understanding is that those bid requirements had some specification minimums
that had to be met in order to meet the specific needs of the Coconut Grove Exhibition Center,
which is not just cleaning, but from what I understand, you're breaking down various kinds of
exhibits, et cetera. So every cleaning service vendor out there was not necessarily the kind of
vendor that they wanted for that particular project. Am I correct?
Mayor Carollo: OK. Anything you would like to add, Christina?
Ms. Christina Abrams (Director, Public Facilities): No. She described it well. This facility is
open seven days a week, often until twelve midnight or later, and we need the maintenance
company to help us. Also, since we only have two maintenance workers in the facility, they help
us with projects like painting and landscaping, and anything that the facility needs.
Mayor Carollo: OK. That makes it a little more clear.
Commissioner Plummer: Would you forward to my office, please, a copy of the 49 people you
mailed the bids out to.
Ms. Carter: Yes, sir.
Commissioner Plummer: Thank you.
Ms. Carter: We maintain a copy of that list.
Commissioner Plummer: All right.
Mayor Carollo: Thank you to both of you. I appreciate it.
Ms. Carter: Thank you, sir.
Mayor Carollo: All right. Is there a motion on this?
Commissioner Plummer: So move.
Mayor Carollo: Moved by Plummer.
Commissioner Hernandez: Second.
Mayor Carollo: Second by Mr. Hernandez. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
178
December 12, 1996
fti �FiiM�
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-917
A RESOLUTION ACCEPTING THE BID OF BEST'S MAINTENANCE AND
JANITORIAL SERVICE, INC., FOR THE FURNISHING OF EVENTS
MAINTENANCE SERVICES AT THE COCONUT GROVE CONVENTION 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 CONFERENCES, CONVENTIONS AND PUBLIC FACILITIES AT A TOTAL
PROPOSED ANNUAL COST OF $80,000.00; ALLOCATING FUNDS THEREFOR
FROM THE FY '96/97 COCONUT GROVE CONVENTION CENTER DIVISION
BUDGET, ACCOUNT CODE NO. 415000-350201-340; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS SERVICE AND THEREAFTER TO EXTEND THIS
CONTRACT FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, AT THE
SAME PRICE, TERMS AND CONDITIONS AS STIPULATED ON BID NO. 95-96-
155, 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 J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
---------------------------------------------------------------------------------------------------------------
59. APPROVE TAX-EXEMPT LEASE FOR PURPOSES OF SECTION 147 (t) OF
INTERNAL REVENUE CODE OF 1986 -- AMONG CITY FLORIDA
HEALTH FACILITIES AUTHORITY / GE CAPITAL PUBLIC FINANCE INC.
/ PAN AMERICAN HOSPITAL CORP. -- PROVIDE FOR THE LEASE AND
SUBLEASE OF CERTAIN CAPITAL EQUIPMENT WITH PRINCIPAL
COMPONENTS OF LEASE PAYMENTS OF NOT TO EXCEED $2,500,000.
Mayor Carollo: We're on 28.
Commissioner Plummer: Move it.
Mayor Carollo: Moved. Second by Commissioner Regalado. Moved by Plummer.
Commissioner Plummer: Twenty-eight, 29, and 30...
179
December 12, 1996
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. 96-918
A RESOLUTION, WITH ATTACHMENT(S), APPROVING FOR PURPOSES OF
SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, A
TAX-EXEMPT LEASE AMONG THE CITY OF MIAMI, FLORIDA HEALTH
FACILITIES AUTHORITY, GE CAPITAL PUBLIC FINANCE, INC. AND PAN
I AMERICAN HOSPITAL CORP., PROVIDING FOR THE LEASE AND SUBLEASE
OF CERTAIN CAPITAL EQUIPMENT WITH PRINCIPAL COMPONENTS OF
LEASE PAYMENTS OF NOT TO EXCEED $2,500,000; APPROVING THE
MINUTES OF THE PUBLIC HEARING HELD BY THE AUTHORITY PURSUANT
TO SAID SECTION 147(f) OF THE CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
60. APPROVE TAX-EXEMPT FINANCING AMONG CITY / FLORIDA HEALTH
FACILITIES AUTHORITY / GE CAPITAL PUBLIC FINANCE, INC. /
MERCY HOSPITAL INC. -- FOR TAX EXEMPT LOAN FOR PRINCIPAL OF
$7,000,000 -- USE PROCEEDS TO PURCHASE ENERGY MANAGEMENT
EQUIPMENT.
-------------------------------------------------------------------------------------
Mayor Carollo: Twenty-nine is a companion item.
Commissioner Hernandez: Move it.
( Commissioner Plummer: Just for the record, I have no conflict, I don't think. I do serve on a
( board of Mercy Hospital at no remuneration for serving, nor in this item. So I'm just making the
record clear that I do serve on a board at Mercy.
180 December 12, 1996
9.Y
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Mayor Carollo: Why don't you get on the record the OK which you'll get from the City
Attorney, so no one could...
Commissioner Plummer: OK. Mr. City Attorney, I serve as a member of the Mercy Hospital
Out -Patient Board, for which I receive no salary or anything, and... not from this, at all.
A. Quinn Jones, III, Esq. (City Attorney): Commissioner, the key to this is whether you have a
benefit or an expectation that anything would monetarily inure to your benefit. And since
you've said that you don't, then you don't... you're... you're... There's no violation.
Commissioner Plummer: The answer is negative.
Mayor Carollo: OK. Moved by Commissioner Hernandez. Second by Commissioner Plummer.
All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO.96-919
A RESOLUTION, WITH ATTACHMENT(S), APPROVING FOR PURPOSES OF
SECTION 147(t) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, A
TAX-EXEMPT FINANCING AMONG THE CITY OF MIAMI, FLORIDA HEALTH
FACILITIES AUTHORITY, GE CAPITAL PUBLIC FINANCE, INC. AND MERCY
HOSPITAL, INC., PROVIDING FOR A TAX-EXEMPT LOAN IN THE AGGREGATE
PRINCIPAL AMOUNT OF NOT TO EXCEED $7,000,000, THE PROCEEDS OF
WHICH WILL BE USED TO ACQUIRE CERTAIN ENERGY MANAGEMENT
EQUIPMENT; APPROVING THE MINUTES OF THE PUBLIC HEARING HELD BY
THE AUTHORITY PURSUANT TO SAID SECTION 147(t) OF THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
181
December 12, 1996
�. ----------------------------------------------------------------------------------------------------------------
61. ISSUE CITY OF MIAMI / FLORIDA HEALTH FACILITIES AUTHORITY
HEALTH FACILITIES REVENUE BONDS ( MIAMI JEWISH HOME &
HOSPITAL FOR AGED PROJECT) SERIES 1996 FOR $26,000,000.
----------------------------------------------------------------------------------------------------------
Mayor Carollo: Thirty is another companion.
Commissioner Plummer: Move it.
Commissioner Hernandez: Second.
Mayor Carollo: Moved. Second by Commissioner Hernandez. All in favor, signify by saying
it
aye.
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-920
A RESOLUTION, WITH ATTACHMENT(S), APPROVING FOR PURPOSES OF
SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED,
THE ISSUANCE OF CITY OF MIAMI, FLORIDA HEALTH FACILITIES
AUTHORITY HEALTH FACILITIES REVENUE BONDS (MIAMI JEWISH HOME
AND HOSPITAL FOR THE AGED, INC. PROJECT), SERIES 1996, IN THE
AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $26,000,000;
APPROVING THE MINUTES OF THE PUBLIC HEARING HELD BY THE
AUTHORITY PURSUANT TO SAID SECTION 147(f) OF THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
(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 J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
Commissioner Plummer: We ought to send our good wishes to Judge Siphen (phonetic), who
enjoyed his 50th year of being involved with that facility.
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182 December 12, 1996
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62. APPROVE PURCHASE FROM HYDRAULIC TECHNICIAN, INC. &
FLORIDA DETROIT DIESEL-ALLISON, INC. -- FOR TRUCK AUTOMATIC
TRANSMISSION EXCHANGES OR OVERHAULS --FOR GENERAL
SERVICES ADMINISTRATION J SOLID WASTE & FIRE RESCUE --
ALLOCATE FUNDS ($55,000: ACCT. CODE 509000-420901-6-670 FOR
$35,000 & 280701-670 FOR $20,000)
Mayor Carollo: Thirty-one.
Mayor Carollo: I have a question. Why is it that we're doing so few of our own bids nowadays?
Ms. Judy Carter (Chief Procurement Officer): Well, I would not say that is the case, sir, that we
do almost 200 bids per year. However, in this particular instance, as it relates to item 31, 32, 33
and 34, I determined that it was appropriate for us to use Dade County contract, in view of the
amount of the Dade County contract, and the discounts that they were able to receive as a result
of the value of that contract, compared to what we could even conceive receiving. We would not
be in a position, compared to Dade County, to receive the kinds of savings that we're generating,
or rather what Dade County is generating with these contracts. For example, item 31, Dade
County's contract value is three hundred and twenty-eight thousand dollars ($328,000),
compared to our fifty-five thousand dollars ($55,000). If I issued a bid for this, sir, no way could
we receive the kinds of discounts that we now will be able to receive as a result of using Dade
County's contract. So I take it on a case by case basis. If I feel good that I could not receive
those kinds of prices on our own, knowing what the potential value of that particular contract
would be with the City of Miami, then it makes sense, as the Chief Procurement Officer, to
assess whatever contract is available, to receive better savings for the City.
Mayor Carollo: Very good answer, Ms. Carter.
Commissioner Plummer: Can I ask a question? Are all three of these vendors... Are all three of
these vendors providing the same service?
Ms. Carter: Yes, sir. What we... The Mayor is laughing.
Mayor Carollo: No, no, that's a good answer. This is what I want to hear from our top
administrators, that when you ask a question, they could answer it to the point, precise, and with
the right answers. I compliment you for it.
Ms. Carter: I thank you very much. Thank you very much, sir. In this instance, sir, with item
31...
Commissioner Plummer: Yes.
Ms. Carter: ... we would first request quotes or estimates, because they don't know the
seriousness of the particular problem. In this instance, however, the prices are predetermined for
item 31.
Commissioner Plummer: Are they all the same?
Ms. Carter: No. We have a primary vendor, and then we have a secondary vendor.
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December 12, 1996
Li
Commissioner Plummer: OK. The only reason I'm asking, of the three vendors, only one
chooses to reside in the City of Miami.
Ms. Carter: Well, keep in mind, sir, this is a Dade County contract. And...
Commissioner Plummer: I keep in mind that the taxpayers of this City keep this City going.
And so what I'm saying to you, of what I read in this book...
Ms. Carter: We have one local vendor.
Commissioner Plummer: ... of the three vendors, one vendor has his business in the City, pays
his taxes in the City, and I think that man should be given preference. OK?
Ms. Carter: Well, let me say this. We do... To the extent that we do have a preference, and that
I still would be applied here, as relates to our local preference, if, in fact, that price for that
particular overhaul determines to be ten percent more than the actual low price...
Commissioner Plummer: You said these prices were predetermined.
Ms. Carter: Well, yes, but we still could apply that ten percent preference. Ten percent
preference can always be applied, because it is our law. It is not Dade County's law.
Commissioner Plummer: I'm just saying, this is home folks. Do business with home folks.
Ms. Carter: I understand that, sir.
Commissioner Gort: Move it.
Mayor Carollo: Motion by Commissioner Gort.
Commissioner Plummer: Yeah, second.
Mayor Carollo: Second by Commissioner Plummer. All in favor, signify by saying "aye."
184
December 12, 1996
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The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 96-921
A RESOLUTION APPROVING THE PURCHASE OF TRUCK AUTOMATIC
TRANSMISSION EXCHANGES OR OVERHAULS FROM HYDRAULIC
TECHNICIAN, INC., RELIABLE REPAIRS, INC., AND FLORIDA DETROIT
DIESEL-ALLISON, INC. UNDER DADE COUNTY CONTRACT NO. 2616-2/97-2
FOR A THREE (3) MONTH PERIOD ENDING MARCH 31, 1997, AT AN
ESTIMATED AMOUNT OF $55,000.00 FOR THE DEPARTMENTS OF GENERAL
SERVICES ADMINISTRATION/SOLID WASTE AND FIRE -RESCUE;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NUMBERS 509000-
420901-6-670 ($35,000.00) AND 280701-670 ($20,000.00); AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE PURCHASE ORDERS FOR SAID ACQUISITIONS; FURTHER
AUTHORIZING THE CITY MANAGER A 5% CONTINGENCY INCREASE TO
COVER UNFORESEEN REQUIREMENTS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
63. APPROVE PURCHASE OF LAWN EQUIPMENT / REPAIR /
REPLACEMENT PARTS FORM 11 VENDORS UNDER DADE COUNTY
CONTRACT 5079-2 / 99-1 -- FOR GENERAL SERVICES ADMINISTRATION
/ SOLID WASTE -- ALLOCATE FUNDS ($50,000. ACCOUNT CODE 509000-
420901-6-702)
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Thirty-two.
Ms. Judy Carter (Chief Procurement Officer): Same thing. This particular contract is nine
hundred thousand dollars ($900,000) for Dade County. Our particular contract is only fifty. By
utilizing their particular firms, given the discount that they have given Dade County, I could do
no better. t
Vice Mayor Regalado: We...
{
x:
185 December 12, 1996
1i
Commissioner Gort: You got two who live in the City.
Mayor Carollo: There's a motion by Commissioner Hernandez, second by Commissioner
Regalado. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Commissioner Plummer: OK, as long as they remember there are some there that are City...
Commissioner Gort: There's two of them.
Commissioner Plummer: That's right.
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 96-922
A RESOLUTION, WITH ATTACHMENT, APPROVING THE PURCHASE OF
LAWN EQUIPMENT, REPAIR AND REPLACEMENT PARTS FROM ELEVEN (11)
VENDORS, AS LISTED ON EXHIBIT A ATTACHED HERETO AND MADE A
PART THEREOF, AWARDED UNDER EXISTING DADE COUNTY CONTRACT
NO. 5079-2/99-1, FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AND SOLID WASTE, FOR A PERIOD OF ONE YEAR, WITH
THE OPTION TO RENEW ON A YEAR-TO-YEAR BASIS UNTIL APRIL 30, 1999,
AT AN ESTIMATED ANNUAL AMOUNT OF $50,000.00; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NUMBER 509000-42901-6-702;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR SAID
ACQUISITIONS, AND THEREAFTER TO EXTEND THIS CONTRACT ON A
YEAR-TO-YEAR BASIS UNTIL APRIL 30, 1999, AT THE PRICE, TERMS AND
CONDITIONS OF DADE COUNTY CONTRACT NO. 5079-2/99-1, 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 Vice Mayor Regalado, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
186
December 12, 1996
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64. APPROVE PURCHASE OF MOBILE EQUIPMENT REPLACEMENT PARTS
& SERVICE FROM 44 VENDORS FORM DADE COUNTY CONTRACT
5380-2 / 00 -- FOR GENERAL SERVICES ADMINISTRATION / SOLID
WASTE & FIRE -RESCUE -- ALLOCATE FUNDS ($183,000., ACCOUNT
CODE 509000-420901-6-702 FOR $100)000 & 2800701-702 FOR $83,000)
----------------------------------------------------------------------------------------------------------------
Mayor Carollo: Thirty-three.
Ms. Carter: This contract, Dade County, is twenty-five million dollars ($25,000,000). Ours is
only a hundred and eighty-three thousand.
Mayor Carollo: OK. All in favor, signify by saying... I need a motion.
Commissioner Hernandez: I move.
Mayor Carollo: Commissioner Plummer.
Commissioner Plummer: None of these are in the City at all, right?
Commissioner Gort: Move it.
Commissioner Plummer: Oh, wait a minute. Here, there's more back here.
Ms. Carter: No, that's not correct, sir.
Mayor Carollo: Moved by Commissioner Gort, second by Commissioner Hernandez.
Commissioner Plummer: Wait. Hold on a minute. Is there any... any of those vendors in the
City?
Ms. Carter: Yes, sir.
Commissioner PIummer: Which ones?
Mayor Carollo: There are some in the City, yes.
Commissioner Plummer: Which ones?
Ms. Carter: I'll tell you in one second.
Vice Mayor Regalado: Only... No.
Ms. Carter: I think it's about three of them, it appears.
Commissioner Plummer: Well, let me continue, because as I'm looking...
Vice Mayor Regalado: No.
Ms. Carter: Here it is. I'm sorry.
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December 12, 1996
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Commissioner Plummer: I mean, you even go to Leesburg.
Vice Mayor Regalado: You've got one in Miami Springs.
Ms. Carter: Local vendors is three; Dade County, 30; nonlocal, 11. In this particular instance,
we will be receiving informal quotes. We will not call all of these vendors, sir. We will call "X"
number, in order to get the best quote. These are the ones that have been qualified of giving us
certain discounts. We will still allow them to compete with one another for purposes to
determine who's going to actually give us the best price.
Commissioner Plummer: I hear you talking, all right? But let me tell you something. This one
goes even further. OK? You got people here in Sanford, Florida as a vendor. You got people in
Orlando area. And that doesn't make any sense to me.
Ms. Carter: And I agree with you. And I assure you that we would not be calling those
particular vendors.
Commissioner Plummer: Oh, Brunswick, Georgia.
Ms. Carter: When we accept the contract of Dade County, we have to accept all of it. But when
the actual... When it gets right down to it, these particular... in user will be...
Commissioner Plummer: OK. You hear me and I hear you. But let me tell you something. I
like the ones that pay their taxes in the City. OK?
Mayor Carollo: We've heard you, Commissioner.
Commissioner Plummer: Well, I just... You heard me, but I hope they hear me, because I'm
going to bring up another one right now.
Mayor Carollo: All in favor...
Commissioner Plummer: So go ahead and vote on this one.
Mayor Carollo: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
10
December 12, 1996
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 96-923
A RESOLUTION, WITH ATTACHMENT, APPROVING THE PURCHASE OF
MOBILE EQUIPMENT REPLACEMENT PARTS & SERVICE FROM FORTY-FOUR
(44) VENDORS, AS LISTED ON EXHIBIT A ATTACHED HERETO AND MADE A
PART THEREOF, AWARDED UNDER PREEXISTING DADE COUNTY
CONTRACT NO. 5380-2/00 FOR THE DEPARTMENTS OF GENERAL SERVICES
ADMINISTRATION/SOLID WASTE AND FIRE -RESCUE, FOR A PERIOD OF ONE
YEAR, WITH THE OPTION TO RENEW ON A YEAR-TO-YEAR BASIS UNTIL
JUNE 30, 2000, AT AN ESTIMATED ANNUAL AMOUNT OF $183,000.00;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NUMBERS 509000-
420901-6-702 ($100,000.00) AND 280701-702 ($83,000.00); AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE PURCHASE ORDERS FOR SAID ACQUISITIONS, AND THEREAFTER TO
EXTEND THIS CONTRACT ON A YEAR-TO-YEAR BASIS UNTIL JUNE 30, 2000,
AT THE SAME PRICE, TERMS AND CONDITIONS OF DADE COUNTY
CONTRACT NO. 5380-2/00, 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 J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
65. COMMENTS FROM COMMISSIONER PLUMMER AND VICE MAYOR
REGALADO TO USE LOCAL VENDORS, WHERE FEASIBLE, TO REPAIR
POLICE CARS.
Commissioner Plummer: Mr. Manager, some time ago, I asked that for repair work of police
cars and the other, that, in fact, we only chose three vendors, and asked that you go back out to
other vendors, City vendors, and come back. The truth of the matter was, I was told that they
went in the Yellow Pages, and I found out it was not the case. OK? Now, I'm asking, when is
that coming back to us at the Commission level?
Ms. Judy Carter (Chief Procurement Officer): Yes. I vividly recall that. And Lieutenant Vera,
who was, as you know, the individual responsible for fleet management or auto... motor pool in
the Police Department, he would be the person that would be required to go out and actually
189 December 12, 1996
IN
inspect the body repair shop to ensure that it meets our requirements. Unfortunately, he has been
on vacation most of that time. While we can identify vendors, we could not include the vendors
until such time as that young man is able to say that the inspection meets our requirements.
However, we understand what you have asked us to do, and we will be doing that. He is back
from vacation now, and that is one of his priority goals, from what I've been told.
Commissioner Plummer: How many cars are down in the Police Department? About a
hundred?
Mayor Carollo: More than a hundred.
Vice Mayor Regalado: More.
Commissioner Plummer: And we're sitting around, while people are on vacation, and we only
have one man that can do a job. We got City vendors who are starving to death.
Commissioner Gort: Mr. Manager, I think that's one of the things that I think you need to
address with the different departments. I've had problems in the past where I wanted something
to be done, and unfortunately, there was only one person that could do the job. And if they're on
vacation, or if they get sick, it doesn't get done. And I don't think that because anyone goes on
vacation, the City should stop. I think we need to look into that.
Commissioner Plummer: It's been over four months.
Chief Donald Warshaw (Chief of Police): Commissioner, regardless of who is on vacation, there
are about 40 cars for heavy-duty work. I think transmissions and engines in 30, and the other
category, for a total of 70. As I told you last time, I'm all for City of Miami vendors getting all
of this business. And if they're on the bid list, and when the bid lists go out and they respond, I
mean, I'm...
Commissioner Plummer: Excuse me, Don. Just... I'm not finding fault yet. OK? I was told...
This Commission was told that they went in the Yellow Pages for repair shops, and went down
the list. And I know of one in particular who did not get it. He said he was never sent a bid.
OK? It's immaterial who it is. And in fact, they were going to go back out and they were going
to re -bid it. That's been almost four months ago.
Chief Warshaw: OK. All right. Commissioner, I'm being told we did not go through the
Yellow Pages, and I'll look in to find out who did that.
Commissioner Plummer: Excuse me. I'll pull the records of the minutes...
Chief Warshaw: OK.
Commissioner Plummer: ... and show you where that's what I was told. Mr. Longueira? Yeah.
Mayor Carollo: Let me try to bring some balance to this, Ms. Carter, Chief Warshaw. What I
am interested in is to, yes, get City of Miami vendors and have their business in the City, but if
they're going to cost us more than people outside of the City, we're not in the business of
subsidizing people just because they're in the City.
Commissioner Plummer: Oh, no.
Mayor Carollo: They have to come with the best prices for us.
190
December 12, 1996
FA
.3n7p, �,lA 1
1 r
Commissioner Plummer: Absolutely.
Mayor Carollo: So I want to establish that and make it quite clear.
Commissioner Plummer: Well, Joe, and there's nothing to stop any... from having three City
bidders all estimate their bids, unless they're price fixing.
Mayor Carollo: Yeah, but see, here we go, J.L. If we're going to limit ourselves to getting
prices from City bidders, we're going to guarantee ourselves each time that we're going to get
the highest prices. So there's no way that we could do that. We can't say that if you're from
Broward County, you can't bid in Dade County, or if you're from another part of the State, you
can't bid here. You know, this is what capitalism is all about.
Commissioner Plummer: You said we could.
A. Quinn Jones, III, Esq. (City Attorney): Huh?
Commissioner Plummer: You said we could.
Mr. Jones: No. I... You could apply the preference, but you can't stop somebody from bidding.
Commissioner Plummer: Right. That's... Definitely, we're looking for the best price, and
you've got to go out to the bid, but we've got to get it done.
Mayor Carollo: I'll tell you the one thing we can certainly say now, that it's not like it was here
some times in the past, that people don't have to hire a lobbyist now to get any bids from the
City of Miami. That's the one thing that we've assured, with help from the Governor's office.
Commissioner Plummer: Yeah. And when are we going to see the fee for raising for lobbyists?
Mayor Carollo: We just did that today.
Mr. Walter Foeman (City Clerk): In January.
----------------------------------------------------------------------------------------------------------------
66 APPROVE PURCHASE OF HEAVY EQUIPMENT WELDING
FABRICATION -- FROM B & B WELDING / GENERAL WELDING
SERVICES / HYDRAULIC SALES & SERVICES / J.C. INDUSTRIAL
MANUFACTURING CORP UNDER DADE COUNTY CONTRACT 0439-0 /
00 -- FOR GENERAL SERVICES ADMINISTRATION / SOLID WASTE &
FIRE -RESCUE -- ALLOCATE FUNDS ($44,500., ACCT. CODE 509000-
420901-6-670 FOR $40,000 & 2807801-670 FOR $4,500)
Mayor Carollo: It was 34. We have a motion, a second on 34?
Mr. Foeman: Yes.
Mayor Carollo: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
191
December 12, 1996
Lat.
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Mayor Carollo: No nays.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-924
A RESOLUTION APPROVING THE PURCHASE OF HEAVY EQUIPMENT
WELDING FABRICATION FROM B & B WELDING, GENERAL WELDING
SERVICES, HYDRAULIC SALES & SERVICES, AND J.C. INDUSTRIAL
MANUFACTURING CORP., UNDER DADE COUNTY CONTRACT NO. 0439-0/00,
FOR A PERIOD OF ONE YEAR, WITH THE OPTION TO RENEW ON A YEAR-TO-
YEAR BASIS JANUARY 31, 2000, AT AN ESTIMATED ANNUAL AMOUNT OF
$44,500.00 FOR THE DEPARTMENTS OF GENERAL SERVICES
ADMINISTRATION/SOLID WASTE AND FIRE -RESCUE; ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NUMBERS 509000-420901-6-670
($40,000.00) AND 280701-670 ($4,500.00); AUTHORIZING THE CITY MANAGER
TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE
ORDERS FOR SAID ACQUISITION, AND THEREAFTER TO EXTEND THIS
CONTRACT ON A YEAR-TO-YEAR BASIS UNTIL JANUARY 31, 2000, AT THE
SAME PRICE, TERMS AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF
FUNDS; FURTHER AUTHORIZING THE CITY MANAGER A 5% CONTINGENCY
INCREASE TO COVER UNFORESEEN REQUIREMENTS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
I-
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192 December 12, 1996
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67. (A)ACCEPT BID: P.N.M. CORPORATION -- FOR CITYWIDE LOCAL
DRAINAGE PROJECT E-73 B-5628 -- ALLOCATE FUNDS ($135,082.50
FOR CONTRACT COST & $26,630. FOR ESTIMATED EXPENSES FOR
TOTAL OF $161,721.50, FROM CIP 352231.)
(B)DIRECT CITY CLERK: BY MAYOR CAROLLO TO PREPARE
PROPOSED LOBBYIST ORDINANCE FOR NEXT COMMISSION
MEETING.
Mayor Carollo: Thirty-five.
Mr. Wally Lee (Assistant City Manager): Mr. Mayor and Commissioners, this is award of
various local drainage projects within the City of Miami. We had 13 bidders. We recommend
the second lowest bidder.
Commissioner Plummer: Joe, we did the lobbyist fee today? How much did we do it for? I
don't remember seeing it.
Mayor Carollo: Fifteen thousand.
Commissioner Plummer: How much?
Mayor Carollo: Fifteen thousand. It's here.
Unidentified Speaker: local preference
Mr. Lee: The second...
Commissioner Plummer: There's so much for registering and so much for each appearance. Am
I right?
Mr. Lee: They're talking. He's lives with... he's within... located within the City.
Commissioner Plummer: Excuse me. Mr. Manager, I don't remember the lobbyist fee coming
up.
Mayor Carollo: Did we do it today? We didn't do it? No, we didn't. We didn't. No. That was
one of the lists we were going over.
Mr. Walter Foeman (City Clerk): Yeah.
Mayor Carollo: But we did not do it today.
Commissioner Plummer: Well, that's what I was asking, is when are we going to do it?
Mayor Carollo: Do we have the...
Mr. Foeman: It's scheduled for January 9th.
Mr. Foeman: Well, it's currently in the Legal Department. They're looking that up.
Mayor Carollo: Well, they'll get it to us before December is up. Right, Mr. Quinn?
A. Quinn Jones, III, Esq. (City Attorney): Absolutely.
Mayor Carollo: Thank you.
Commissioner Plummer: It's five hundred dollars ($500) and a hundred dollars ($100) per
appearance. Right?
Mayor Carollo: Yeah.
Mr. Foeman: I believe the Law Department is looking into the reasonableness of that.
Mr. Jones: Well, there were several questions that you asked us to look at. Whether, in fact,
the proposed fee that you set for five hundred dollars ($500), whether, in fact, that's legal. You
wanted us to look at the whole question of how far we can go in getting them to disclose
financial data, arrangements, that type of thing.
Mayor Carollo: Yeah, I requested that, that they disclose as much financial data as we could
possibly get from them, such as the State requires.
Commissioner Plummer: OK. So we'll have it before the end of the year.
Mayor Carollo: Yeah.
Commissioner Plummer: OK.
Mayor Carollo: One additional question before we leave that. In the present ordinance that we
have the lobbyists have to register, which I introduced back in '86, were there any provisions
there of fines if they didn't register?
Mr. Jones: I don't believe so.
Mayor Carollo: No, there were not?
Mr. Jones: No.
Mayor Carollo: OK. All right. So that...
Commissioner Plummer: No. The fine would not be a monetary fine as much as it would be a
reversal in court.
Mayor Carollo: Well, that makes my next question moot, then. All right.
Mr. Foeman: I think the State provides in their legislation up to five thousand dollars ($5,000) in
fines, as well as 24 months suspension.
Mayor Carollo: OK. P and M, Wally, on 35...
Mr. Lee: Yes, sir.
194
December 12, 1996
Mayor Carollo: ... they've received, to the best of my recollection, quite a bit of City business,
where I've seen their name...
I
Mr. Lee: Yes, they have, sir.
Mayor Carollo: Right.
Mr. Lee: They're listed right in the cover memo. They were, by the way, the second lowest
bidder, Mayor. However, since their offices are located within the City of Miami, the ordinance
passed by the Commission indicates that if they're within ten percent, and they're willing to
meet the lowest bid, they can be awarded the job, if agreed to by...
Mayor Carollo: So they were willing to meet the lowest bid.
I Mr. Lee: Yes, sir. And we do have a letter to that effect.
i
Mayor Carollo: OK. Who was the lowest bid before them?
i
Mr. Lee: The lowest bidder was a firm by the name of Acosta Tractors, located in Hialeah.
Their bid price was one hundred thirty-five thousand zero eighty-two and fifty cents.
Commissioner Plummer: Same has here.
Mayor Carollo: OK. Have they done any business for us before?
Mr. Lee: Not to my recollection, no, sir.
Mayor Carollo: All right.
Mr. Lee: New firm, but had all the qualifications.
Mayor Carollo: This came at - what? - 72 percent of the cost?
i
Mr. Lee: Yes, sir.
Mayor Carollo: Very good.
Mr. Lee: And by the way, these were 13 bidders, 13 bids that we received, which is very
unusual, at least for the last four years.
Mayor Carollo: Yeah. Well there was... no. There were 15 bids submitted on this.
Mr. Lee: Well, sir, there was... Let's see. Six, 12... Actually, 14, but... picked up the plans.
One of them did not submit a bid. So we had 13 actual bids. They're listed here in the back of
the information sheet.
Mayor Carollo: Do you need to make a statement?
Mr. Jim McMaster: Yes. Jim McMaster, 2940 Southwest 30th Court. Earlier today, I
mentioned the forty-three million dollars ($43,000,000) worth of trust fund money that's been
misappropriated. Of that, twenty-six million is from the storm water trust fund that funds the
sort of things we're talking about right now. At the September 1994 budget hearings, Nancy
y Brown, president of the Friends to the Everglades, expressed her concern about what was
happening with these trust funds. I got up and I said, "Last year and this year's budget will have
195 December 12, 1996
1i
another two million dollars each, for a total of about nine million. And my question here, is this
going to be another Gates case? This money is budgeted strictly for the storm water trust fund."
Well, here we are, sixteen million dollars ($16,000,000) more, and apparently, the City, if I
understand correctly, is still using the storm water trust fund to fund garbage pick up. In the
Stierheim report, we have ten million dollars ($10,000,000) worth of questionable storm water
projects that can't be funded because the money has been used to pick up the garbage. In
September of 1994, I came to this Commission, and I handed out the City of Miami Storm Water
Utility Report, which... and I also handed out these sheets, where it shows how they were
misappropriating the money. I handed to the Commission that was here at that point... it lists
from the State Statutes what the money...
Mayor Carollo: What year was that?
Mr. McMaster: This is September of 1994, the budget hearings. In December of 1994, the New
Times had an article, "The Great Drain Robbery. City of Miami numbers crunchers hit on a
creative way to balance the books. Their minds are in the gutter." This is from the Stierheim
report. They're talking about solid waste, and it doesn't make any sense, because they don't
complete the sentence, but it says, "The storm water fund contributes." And then it just sort of
wanders off into something else. My question is, are we today still using the storm water trust
fund to pick up the garbage? Everyone in this City pays through their water and sewer bill
money to fund this. And as the City Manager is well aware, Dade County had to, because of the
Clean Water Act lawsuit, come up with a couple of billion dollars to fix the sanitary sewers. I'm
wondering, how is the City going to fix this? And are we still using the money?
Mr. Edward Marquez (City Manager): Excellent question. The... Going forward, we're going
to be making provisions to ensure that the storm water sewer revenues are going to be reserved
properly. Now, as to past abuses of the system, I don't have an answer to that at this moment in
time.
Mr. McMaster: OK. I would like to say I'd like to thank Mr. Marquez. He has proved to be
very forthright, and very truthful, and I think all of you have seen today that if you ask him a
straight question, he gives you a straight answer. And I, for one, appreciate that. It's a long time
coming. I haven't gotten many straight answers. Thank you.
Mayor Carollo: Well, we agree with you fully on that, Jim. All right. Did we have a motion
and a second? We did on 35?
Commissioner Gort: Move it.
Commissioner Plummer: Second.
Mayor Carollo: All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
Mayor Carollo: No nays.
196 December 12, 1996
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.96-925
A RESOLUTION ACCEPTING THE BID OF P.N.M. CORPORATION IN THE
PROPOSED AMOUNT OF $135,082.50 TOTAL BID OF THE PROPOSAL, FOR THE
PROJECT ENTITLED: "CITYWIDE LOCAL DRAINAGE PROJECT E-73 B-5628";
ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 352231, AS
APPROPRIATED BY THE FISCAL YEAR 19195-96 CAPITAL IMPROVEMENT
ORDINANCE NO. 11337, AS AMENDED, IN THE AMOUNT OF $135,082.50 TO
COVER THE CONTRACT COST AND $26,630.00 TO COVER THE ESTIMATED
EXPENSES, FOR AN ESTIMATED TOTAL COST OF $161,712.50; AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
ABSENT: None.
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68. ISSUE REQUEST FOR PROPOSAL ( RFP) TO QUALIFIED FIRMS -- FOR
STATE APPROVED WORKERS' COMPENSATION MANAGED CARE
PROGRAM FOR CITY EMPLOYEES.
Mayor Carollo: Thirty-six.
Commissioner Gort: Move it.
Commissioner Plummer: Second.
Mayor Carollo: I understand, Chief Rollason, that by State legislature's approval in 1994, it said
that certain workers would be required to enter the managed care by January 1st of next year.
Chief Frank Rollason (Deputy Chief, Fire Rescue): January 1st of '97, we were supposed to be
in. Now, we have had conversations with the State. They're aware of the situation that we're in.
And they said as long as they see us going through the process of making progress that they're...
that's what they're looking for. An aside from our unique problem here, which has caused us the
problem of being behind the curve or where we should have been, there are many places in the
State that aren't even to the point that we are with an RFP (Request for Proposals). So...
197 December 12, 1996
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Commissioner Plummer: Chief, I would suggest that you contact the Florida League of Cities.
They provide only to governments workmen's compensation. And I can remember the first year
that they were in the business that they saved 25 percent over any private company. I can tell
you that this year, with the insurance programs and the Florida League of Cities - and they can
only write to governmental agencies, that's it - they are writing one hundred and fifty million
dollars ($150,000,000) in premiums. So I would suggest that you contact them to see whether or
not they would be interested in bidding, and if so, what their bid would be.
Chief Rollason: Sure. We'll make sure that they're on the list.
Commissioner Plummer: And by the way...
j Mr. Mariano Cruz: Mr. Mayor...
Commissioner Plummer: ... they have safety... What do you call the companies that teach you
how to do things safely? There's companies that do that.
Chief Rollason: Yes.
Commissioner Plummer: They have a very large company in Fort Lauderdale who comes in on
driving, and staircases and all of those things that... You must use that company as part of that
fee, or they will not write you.
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1 Mayor Carollo: OK. Mariano.
Mr. Cruz: Mariano...
Mayor CaroIlo: Put the clock. Thank you.
Mr. Cruz: With me, don't worry about that. I already made... I still squeeze in two minutes.
jMariano Cruz, 1227 Northwest 26th Street. And this is one of the workmen's compensation of
the City, one of the parts that you can save a lot of money, because there have been a lot of
abuses in the department. And, you know, many people but it's cases that
people stayed home, they made more money staying home than going back to work. So, you
know, you got two stories... See, as long as you get that paper that says you're unable to work,
you stay home. Don't worry. You make more money. But another thing that I'm questioning
is, how come our... If the City is able to recuperate monies from the people that have been... I
mean a truck driver out there or somebody who is liable for the accident that the City worker is
injured, do we go after those people to recuperate the money, a way? Because where I work,
where I work, the United States Postal Service, they... If a dog bites me, they keep on paying
me, continuation of payment, 45 days. But then after that, they go to me and tell it, no, you got
to sue the owner or the dog, and whatever monies you recuperate, you pay us whatever we pay
you. That's the way.
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Mayor Carollo: How many dogs have bitten you?
Mr. Cruz: No. So far, they all die.
Mayor Carollo: How many have you bitten?
Mr. Cruz: Only one. Still got the mark there. Only one. No, but remember that we go after any
person that's liable for the accident and produce that worker to go on workmen's compensation.
So I don't know what the City is doing. The City's letting the people remain home, and they
198 December 12, 1996
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say, well, whatever you sue, it's your money. No. You sue, and they get money, they should
reimburse the City, and they keep the difference. That's very simple of that. It's a matter of the
Legal Department. I don't know if that State law is different than Federal law. Thank you. See?
Under two minutes.
Mayor Carollo: By the way, Boom -Boom sent me a letter that he wanted me to read here, and if
we have time, I'll let you read it for him, you know, at the end of the meeting.
Mr. Cruz: Well, he's here in spirit, who knows? Maybe he's here. No. He's coming back after
the "Octavitas," remember.
Mayor Carollo: All right.
Chief Rollason: Mr. Mayor, just real quickly. We have a subrogation program where we go
after the... any of the third parties to recuperate our money. We do that. We have a light duty
program to get people that have been cleared for light duty, to get them back to work, and if the
department doesn't have a job for them, we place them somewhere else in the City so that they
can get back to work. And in the union concessions, there are items in there that reduce the
amount of workers' compensation, so that people do not make money when they're off on
workers' comp. So I think areas are being addressed.
Mr. Cruz: No, but the other thing is, those things are on the books or that's being implemented?
Chief Rollason: They're on the books. We're doing it.
Mr. Cruz: Yeah. Oh. I mean... I mean, doing them is... One thing is you have a rule, and the
rule is never implemented. I mean, you said you're going after...
Mayor Carollo: Mariano, your time is up. Come on. Thank you.
Mr. Edward Marquez (City Manager): Mr. Mayor, in spite of all the shortfalls that may exist in
the workmen's comp. area, the private sector people that were in the task force were very
complimentary of the staff in this area.
Mayor Carollo: Yes, they were. They certainly were. And I think Chief Rollason has done a
tremendous job with the major constraints that he's had to deal with.
Chief Rollason: Well, it's been a team effort, and there's also the fund from the State that we tap
for our injured workers that we also get reimbursements from the State. So we're going after the
money where we can.
Mayor Carollo: All right. Is there a motion on this?
Commissioner Gort: Move it.
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Mayor Carollo: Moved by Commissioner Gort.
Commissioner Plummer: Second.
j Mayor Carollo: Second by Commissioner Plummer.
Chief Rollason: Mr. Mayor, if I can take just one moment, there's one other issue I'd like to just
mention to you. Today, on a good note, we picked up a check from the State on insurance
hurricane recovery from FEMA (Federal Emergency Management Agency) for four hundred and '
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fifty thousand dollars ($450,000). We've got another million coming in the next few weeks on
recoveries.
Mayor Carollo: This was part of what was approved previously?
Chief Rollason: This is part of what was approved previously.
Mayor Carollo: Yeah, but hadn't been sent.
Chief Rollason: And it's for work that's being done at Miamarina. So it's money we have
expended from the City, and reimbursements coming.
Mayor Carollo: Yeah. Right.
Chief Rollason: The other issue is, is twice today, Mr. McMaster has stood here and told you
that we have lost a million dollars ($1,000,000) on Merrill Stevens. And I'm here telling you
that we haven't lost anything on Merrill Stevens. The money is there, and when we do the work,
we will get it. Now, he talked about the money on the docks out there. That money is not lost,
and the insurance money is there to do that work. And we're going out to bid in a couple of
weeks. And the money is there to do the work, and we fully intend to do it.
Mayor Carollo: OK.
Commissioner Plummer: Excuse me. If I'm not mistaken, I heard him speak about Virrick.
Chief Rollason: He did mention Virrick, also.
Commissioner Plummer: Oh, OK.
Chief Rollason: I mean, he can stand and correct it if I'm wrong.
Mayor Carollo: Well, all right. All in favor, signify by saying "aye."
The Commission (Collectively): Aye.
200 December 12, 1996
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The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 96-926
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE ISSUANCE OF A
REQUEST FOR PROPOSALS (RFP), IN SUBSTANTIALLY THE ATTACHED
FORM, SEEKING QUALIFIED FIRMS TO PROVIDE A STATE APPROVED
WORKERS' COMPENSATION MANAGED CARE PROGRAM FOR CITY
EMPLOYEES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
Mayor Joe Carollo
NAYS: None.
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ABSENT: None.
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t 69. DISCUSS / DEFER CONSIDERATION OF MODIFICATION OF
+ RESOLUTION 96-596 WHICH HAD ALLOCATED $750,000 FROM CDBG
FUNDS FOR REHABILITATION OF RENTAL UNITS IN OVERTOWN
AREA BY NEW ARENA SQUARE CORPORATION. (SEE LABEL 75).
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Mayor Carollo: Thirty-seven. Commissioner Gort.
Commissioner Plummer: That's Willy's.
Commissioner Gort: No, I got a call... a letter. As you all recall, this item was in front of the
CRA (Community Redevelopment Agency), and this is for the modification of a resolution that
we had for the New Arena Square Project, which is for 106 units. If you all recall, this was in
front of us at the CRA.
Commissioner Plummer: What did...
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Commissioner Gort: They had a request.
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Commissioner Plummer: That can be taken up by the Commission instead of the CRA?
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Commissioner Gort: The CRA already took a vote on it.
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Commissioner Plummer: Oh, OK.
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I 201 December 12, 1996
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Commissioner Gort: And it had to come back to us to with a plan on how we pay.
Commissioner Plummer: All right.
Commissioner Gort: If you all recall, the CRA passed it with the option, that the individual was
to come back and tell us a plan on how to repay, although they were not their loans, that to come
back to us and tell us how they were going to pay the loan left by the other people.
Vice Mayor Regalado: OK.
Commissioner Gort: Hello, anyone?
Commissioner Plummer: Hello? Is somebody calling collect?
Mr. Carlos Smith (Assistant City Manager): Well, I thought the person who had written you the
letter was going to... the group was going to make a presentation on the project.
Commissioner Gort: OK. And then you... staff will speak then.
Mr. Smith: Yes.
Commissioner Gort: OK. It's all yours, sir.
Mr. Salomon Yuken: May I? OK. On July 25, the City Commission approved seven hundred
and fifty thousand dollars ($750,000) for the rehabilitation of the New Arena Square Project. As
you recall, the funds requested at that time was one million two hundred and fifty thousand
dollars ($1,250,000). And in all of our studies, and in all of our requests to give out to the
potential investors, the study was for a million two hundred and fifty. So at this point, we are
requesting to increase the funding in half a million dollars for a total of one million two fifty.
And due to the fact that those funds are from home loan funds from 1997 and the project is
starting in accordance to contract, and in accordance to tax credit obligations that have to be
followed with Tallahassee, has to be started in January. So we are requesting to switch those
allocations of one million two fifty for 1997 with home funds that are available, and not used,
even though they are committed, that are in 1996, so we can proceed with our project and start in
January 1997.
Vice Mayor Regalado: A question, Mr. Yuken. If we do not take action now, today, what's
going to happen with the project?
Mr. Yuken: The project falls through, because we are counting, number one, on the investors to
sign by December 31st, which is a critical date, because of the tax credits that are available,
which they are counting on it. Therefore, those funds were going to be diminishing as the time
advances. Then it doesn't become interesting for them. As I indicated and I wrote to the
Commission, Nynex (phonetic) Corporation is the corporation that is going to be the equity
investor. As you know, they are the largest in this country.
Vice Mayor Regalado: If we move, can you assure us that you will be starting the project in
January 1997?
Mr. Yuken: Yes. It's part of my contract with the equity investors. If I don't start in 1997 in
January, I don't have a contract, I don't have an investor.
Vice Mayor Regalado: When you do, how many people would you be employing in that area on
the construction site, roughly?
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December 12, 1996
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Mr. Yuken: In accordance to my past experience, we have normally on a certain given time, all
the time throughout construction, we are talking about between 20 and 25 persons, labor. And
after the fact that everything is finished, we have a residency and maintenance condition that will
take another, I will say, 15 more people, that will be on a permanent basis, from the area,
because they have to live in the area. They have to live in the place.
Vice Mayor Regalado: How about the construction workers?
Mr. Yuken: About 25 out of the... Well, those are... They come in when the... that's going to be
taking two years, the whole project. So for two years, we have around 25 people from the area
working in the project.
Commissioner Plummer: What is the recommendation of the Administration?
Mr. Smith: Commissioner, let me make sure that we all understand what the request is. Because
I was given a piece of paper by one of the principals from Knight Manor where apparently, they
would accede to providing half a million dollars from their allocation to this group on the basis
of some other things happening, on getting a first priority basis on next year's allocation to
replace that half a million dollars. The concern that I have is that in a discussion with Mr.
Yuken, I asked him if he needed only half a million dollars now, plus the seven fifty that he has
committed in the future, or he needed a million two fifty now. And his response was that he
needed a million two fifty right now, which means then that this Knight Manor group would
have to accede to provide the million two -fifty voluntarily. My concern, and I expressed it to
Mr. Yuken when we met, is that unless the group accedes, we would be taking money away from
a group that already has the money allocated to them on the basis of some future allocation,
which if it doesn't materialize, the City may be liable for it from our funds. That's my only
concern. So I want to make sure, because I was given these proposals from this group that they
would accede to half a million, but I don't believe that that is what Mr. Yuken is looking for. I
think he's looking for a million two five now. And let me also say that we believe that it's a
good project, but we have this problem, and it has to be taken care of.
Commissioner Gort: My understanding is we had allocated seven fifty before
Mr. Smith: There was an allocation of seven fifty, but from next year's allocation. And my
understanding is that he needs to have the million two five now.
Commissioner Gort: I understand. But my question is, next year, do you perceive any problem
in getting the funding of next year? Mr. Hepburn?
Mr. Jeffrey Hepburn (Assistant Director, NET/Housing): I think we're going to be receiving
sometime in July '97, in terms of the home program, approximately four million dollars
($4,000,000). That's what we're processing our application for right now.
Commissioner Gort: So what we're requesting right now is just in the funding that was allocated
to one project which is going to take two or three years, and the developers are willing to accede
to that to another project that can begin in January.
Mr. Smith: I believe that the most prudent course to take is to get the developers of Knight
Manor or Northwestern Estates to agree to that switch.
Commissioner Gort: Are they here?
Vice Mayor Regalado: But if we do that, how long would it take, Carlos?
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December 12, 1996
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Mr. Smith: No, if that were to be agreeable, I would presume that all it would take is some legal
document to be drafted, and it's done.
Vice Mayor Regalado: Yeah, but if we don't move today... So if we don't move today on this
issue, he can't start construction in January. That's the bottom line here.
Commissioner Plummer: No, that's not the bottom line.
Mr. Smith: I believe that the date of January is because he's applying for tax credit or surtax
money. Is that correct?
Mr. Yuken: No. We have, as you know, as I indicated, we have four buildings that are closed.
Those buildings have to be opened in 1997. To be open in 1997, it says 206 units to be
converted... to be converted to 149 two- and three -bedrooms. To do that, you don't do that
overnight. You need a good nine to ten months to do it. So if that doesn't... that doesn't
materialize, I am liable personally to deliver those units during 1997.
Commissioner Plummer: Yeah, but that's not what I'm hearing. What I'm hearing is, is Knight
Manor has a priority.
Commissioner Gort: Right.
Commissioner Plummer: And if they don't accede to allowing that money to be transferred to
you, then it's a dead deal. Now, more is the question that if they do accede to allowing you to
take that money allocated presently to them, what... When you said the liability, the City might
be in a liability, I caught, what does that mean?
Mr. Smith: That's only if we were not to receive the home allocation from next year. Jeff has
already indicated that we will be receiving the allocation of four million dollars ($4,000,000),
four point one million, I believe it is. But I guess what I'm saying is that we would be... I think
there would be a liability if the money were not to come in, and we unilaterally took the money
away. If Knight Manor's developers accede to the switch in the funding, I don't believe there
would be a problem.
Vice Mayor Regalado: Do you know, Carlos, if Knight Manor's developers are going to start
construction?
Mr. Smith: They are here.
Vice Mayor Regalado: Yeah, I know, but what I'm saying
Mr. Smith: Well, let me tell you where I believe they're at now. They were allocated, as you all
know, two point three seven five million dollars from last year's allocation, and two point three
seven five from this year's allocation. Out of the first two point three seven five, they have spent
approximately a million four, one million four hundred thousand dollars ($1,400,000). They
have been going through the process... There was land acquisition. The buildings were
demolished. They are in the process now of relocating the tenants of those buildings, and they
are also in the process of going through the Planning Advisory Board, Zoning Board and so forth
to get permits. That's where they are at this point in time.
Commissioner Plummer: So what are you saying? Loan themselves some money? What is the
recommendation of the City Manager?
204 December 12, 1996
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Mr. Edward Marquez (City Manager): The recommendation of the City Manager is to accept
this item only if you... contingent upon getting Knight Manor's concurrence, but with the full
understanding that the City Commission is... that the City is accepting some exposure, and that
the future Home Program Grant may not come in, although we believe that exposure to be
minimal.
Commissioner Plummer: Well, that's fine. But are you saying we should accept that risk and
that exposure?
Mr. Marquez: I believe it's acceptable.
Commissioner Gort: Fine.
Mr. Marquez: But again, I would ask that this item be passed pending the commitment of the
OK by Knight Manor.
Commissioner Plummer: My understanding is it can't be otherwise.
Mr. Smith: Could...
Mayor Carollo: OK. If there is a motion, then, based upon the Manager's recommendation...
Vice Mayor Regalado: There is a motion.
Mayor Carollo: OK. There is a motion. Is there a second?
Commissioner Plummer: Second.
Mayor Carollo: Second. OK. Further discussion.
Commissioner Plummer: But we all understand each other.
Mayor Carollo: Of course.
Mr. Bill Murphy: Good evening. My name is Bill Murphy, and I'm here representing Knight
Manor. Mr. Fair was here earlier today and could not make it this evening. We would go along
with transferring the money if we could clear up some loose ends in our project. And we had
submitted to Mr. Smith some clarification that if we can get that approved this evening, we'd be
in acquiescence with this recommendation. Basically that the... we have four items: The City
reaffirm its commitment to Knight Manor; number two, that... Essentially, we have completed
phase one of the project, which was the demolition and the relocation of the people. That has
been completed. We're funding out the relocation dollars to the people over 60 months, and that
will essentially chew through all of the money from the first crunch on... from the first two
million three seventy-five. There's about a hundred thousand that will come to the City for the
platting fees, et cetera, site plan approval fees and road vacation, and that will be... By January
or February, all of the first two million three seventy-five will be spent. There was some
confusion on the part of City staff as to whether we had to come back to the City Commission
for approval for the second crunch of the money. The Zoning... The City resolution that was
passed back in... twelve months ago did not require us, but some people in the staff felt we
maybe should, and we're coming back now saying that we will be using that two million three
seventy-five, and we want approval for that. And of that, we'll make available a million two
fifty to this development...
205 December 12, 1996
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Commissioner Plummer: You know, I don't... I... You are losing me completely. Now, I tell
you what you need to do. You need to go to the Manager, explain it to him while we're hearing
Zoning, so that he can come back and put two and two together for us.
Mr. Marquez: Commissioner...
Mr. Murphy: There is no zoning issue here.
Commissioner Plummer: Excuse me. You didn't hear me, sir. We are going to handle Zoning
that all these people are out here waiting for, which was supposed to be a simple item. What I'm
saying is, while we're hearing these other zoning issues that you go to the Manager and explain
all of this.
Mr. Marquez: Commissioner Plummer, if the Commission just passes this item with a
contingent approval of manner on the issue, we'll work this out tomorrow or the next day.
Vice Mayor Regalado: Absolutely. Why don't we go ahead and just...
Commissioner Plummer: Because I want to know what the four conditions are.
Vice Mayor Regalado: He just said it.
Commissioner Plummer: No, he didn't.
Mr. Murphy: Now, the fourth condition is that the City has been holding up our development
fees from August of '96, and we've been working for nothing from August of '96, and we
want... For no reason, the City has been holding up that money, and we want that money,
I basically, released to us and...
Mr. Marquez: I can't tell you right now what the situation is. If we cannot work it out to the
satisfaction of Knight Manor, then they should just deny the acceptance, and then this issue dies.
Mr. Murphy: Well, do you want to do it tonight and come back later on, or do you want to...
Mr. Marquez: There is no need to come back.
Commissioner Plummer: These other people are under a time frame. That' why I'm saying
while we're hearing zoning matters...
Mr. Murphy: I'm willing to do it tonight if you want to do it tonight.
Commissioner Plummer: ... go to the Manager, and he can, hopefully, come back by the time
we're finished with Zoning with an answer.
Commissioner Gort: Also, by the time you come back, I want you to state on the record, Mr.
Yuken, if you have made some commitment to repay some of the loans that were put by the
original group in the project. When you come back, I want you to state that on the record, read
this letter.
Mr. Luken: Next time when...
Commissioner Gort: When you come back.
Mr. Luken: OK.
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December 12, 1996
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Vice Mayor Regalado: OK.
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 7:24 P.M. AND RECONVENED AT 7:40 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION,
EXCEPTING MAYOR CAROLLO AND COMMISSIONER
HERNANDEZ FOUND TO BE PRESENT.
NOTE FOR THE RECORD: At this point, the City Commission
c oses consi eration o t e regular portion of the agenda to
consider items from the Planning and zoning portion of the
agenda.
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December 12, 1996
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MINUTES OF PLANNING AND ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 12th day of December, 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 7:40 p.m. by Vice Mayor Tomas Regalado with the
j following members of the Commission found to be present:
f
Commissioner Tomas Regalado
Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
ALSO PRESENT:
Walter J. Foeman, City Clerk
Maria J. Argudin, Assistant City Clerk
Carlos Smith, Assistant City Manager
Joel E. Maxwell, Deputy City Attorney
j ABSENT:
( Mayor Joe Carollo
Commissioner Humberto Hernandez
Edward Marquez, City Manager
A. Quinn Jones, III, City Attorney
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70. DISCUSS / CONTINUE PZ-15 (APPEAL OF ZONING BOARD'S DECISION,
WHICH DENIED VARIANCES FROM ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1
SINGLE FAMILY RESIDENTIAL, PERMITTED PRINCIPAL USES, TO
PERMIT TWO STRUCTURES ALONG S.W. 4TH AVENUE WITH
PROPOSED SIDE STREET SETBACKS OF 5' 8" AND 3' 8" RESPECTIVELY
(15'0" REQUIRED) ACCORDING TO ARTICLE 25, SECTION 2502,
SPECIFIC DEFINITIONS, TO ADD A GARAGE AND A PORTE-COCHERE
TO AN EXISTING SINGLE-FAMILY RESIDENCE; ZONED R-1 SINGLE-
FAMILY RESIDENTIAL). [Applicant: Lazaro Albo, 2900 S.W. 4 Avenue] (See
label 73)
Vice Mayor Regalado: On the Zoning agenda, we'll wait for Commissioner Hernandez, and the
Mayor will be out of the meeting. So.
Commissioner Plummer: It's my understanding from the Mayor that he's not feeling well, and
he will not be back the rest of the evening.
208 December 12, 1996
Vice Mayor Regalado: Right, right, absolutely.
Y g g
Commissioner Plummer: As such, those items that have had one deferral because of no full
board, I don't think, necessarily, are entitled to another deferral. But any items that have not had
a deferral previous to this who wish to have the deferral for a full board, I think we should hear
from at this time, right now.
Vice Mayor Regalado: Yes. Is there anybody who wants to defer any item?
Ms. Linda Koenigsberg: My name is Linda Koenigsberg. I'm on the Board of Directors of the
Miami Roads Neighborhood Civic Association, and we'd like a deferral of PZ-15. It has
previously been deferred, but not at our request.
Vice Mayor Regalado: OK. One second. PZ...
Ms. Koenigsberg: It's the very last thing on the agenda, sir.
Commissioner Plummer: OK.
Ms. Koenigsberg: And we'd like to get a time certain. We have a lot of neighbors who would
like to come who are elderly, and the last time, they sat through, I think, till midnight, and then it
was deferred. It wasn't very kind for them. Is there any way we can do that, or do we have to
contact Ms. Fernandez?
Commissioner Plummer: Well, I assume with the acquiescence of the applicant, the answer is
yes.
Mr. Joel Maxwell (Deputy City Attorney): The applicant is also the appellant, Mr. Albo, on this.
Is Mr. Albo present?
Commissioner Plummer: Yes, he's here.
Mr. Maxwell: All right. So...
Vice Mayor Regalado: Yeah. We're going to do him, because it's been deferred several times.
So might as well...
Ms. Koenigsberg: Well, that's what I'm asking. We're on the opposition. We have never asked
for a deferral. And it was my understanding that we could obtain a deferral.
Commissioner Plummer: It's not going to hurt.
Ms. Koenigsberg: Thank you.
Commissioner Plummer: It's not going to....
Vice Mayor Regalado: Well, do you have any problem, Mr. Albo?
Mr. Lazaro Albo: No, I don't have any problem.
Unidentified Speaker: He would be agreeing to the deferral.
Commissioner Plummer: Yeah.
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December 12, 1996
9.1
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Vice Mayor Regalado: OK.
Commissioner Plummer: I move it.
Mr. Maxwell: Now, it's to a date certain, Mr. Vice Mayor.
Vice Mayor Regalado: OK. So...
Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): January 23rd is the next P&Z (Planning and
Zoning).
Vice Mayor Regalado: Sorry?
Commissioner Plummer: January 23. Happy New Year.
Mr. Maxwell: Each deferral requires a date certain.
Vice Mayor Regalado: OK.
Mr. Maxwell: It's January 23rd.
Ms. Koenigsberg: May we have a time after six?
Vice Mayor Regalado: After six o'clock on the 23rd, 23rd.
Ms. Albo: You can't put it early? Why?
Vice Mayor Regalado: No. We don't have any other... unless we have a regular meeting on the
16th... I mean on the 19th. But then...
Commissioner Plummer: No, no, no. We're talking January.
Mr. Maxwell: This is January the 23rd.
Commissioner Plummer: We're talking January 23rd.
Mr. Maxwell: January the 23rd.
Ms. Slazyk: January 23rd of 1997.
Vice Mayor Regalado: Can we do it earlier, before?
Mr. Maxwell: Yes. That's up to you all.
Mr. Albo: Yeah. I want earlier.
Commissioner Plummer: Well, let's do like...
Mr. Maxwell: The Commission...
Commissioner Plummer: Excuse me. Let's do like it is here today, make it the last item on the
agenda, and I'm sure that's going to be after...
210 December 12, 1996
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Ms. Koenigsberg: No, no, no.
Commissioner Plummer: No?
Ms. Koenigsberg: Well, we weren't really the last item. We were actually the first item after six
o'clock, amazingly enough.
Mr. Albo: No.
Ms. Koenigsberg: So it's nice to be the first item at six o'clock, but...
Commissioner Plummer: You want your cake and eat it, too.
Ms. Koenigsberg: But it wasn't... it was one of those days.
Vice Mayor Regalado: OK. So...
Mr. Albo: I want to be early.
Commissioner Plummer: He wants it earlier, she wants it later.
Ms. Slazyk: I think what they're looking for is a time certain, six, because they have a lot of
elderly people coming.
Mr. Albo: Well, other time...
Vice Mayor Regalado: That's fine.
Ms. Slazyk: But that's hard to guarantee.
Vice Mayor Regalado: That's fine.
Mr. Albo: Other time is seven, OK?
Vice Mayor Regalado: Can we give them between six and eight? Six o'clock.
Ms. Slazyk: We can put that on the agenda, but it all depends how quickly the items...
Mr. Albo: Put it ten o'clock. Why you put it six and eight? I want it earlier, three o'clock, four
o'clock.
Mr. Maxwell: You all control your time, Mr. Vice Mayor.
Vice Mayor Regalado: Sorry. What?
Mr. Maxwell: You can do that. You can set any time you'd like.
Vice Mayor Regalado: OK, six o'clock.
Mr. Maxwell: All right.
Commissioner Plummer: Well...
Mr. Albo: Why? Why?
211 December 12, 1996
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Commissioner Plummer: Excuse me. If you're talking about elderly people, they're not
working people.
Mr. Albo: Yeah.
Commissioner Plummer: And elderly people usually like to go home earlier than late. Why not
five o'clock, Joe?
Vice Mayor Regalado: J.L., but the thing is that...
Mr. Joe Wilkins: They have working people and elderly people. We would like to... Whenever
you finish what you're doing at six, take us after that.
Mr. Maxwell: Excuse me, sir. I think you're familiar with the procedures. Before you speak,
you have to have your name and address on the record. You can't speak from back there.
Mr. Wilkins: May I speak?
Mr. Maxwell: It's up to the Vice Mayor.
Vice Mayor Regalado: Yes, you can. Go ahead.
Mr. Wilkins: As we have done before, I would just like to ask...
Mr. Maxwell: Name and address.
Mr. Wilkins: Joe Wilkins, 228 Southwest 23rd Road, still. We would just like to ask, whatever
item you're considering at six o'clock, when you finish, you take us. We know you can't take us
exactly at six, we understand how all this works, but we'd like to be able to give our working
and elderly members who have spent a lot of hours... This is the seventh time we've been down
here this year, including the Zoning Board and seeing you all. We would just like to be able to
give them some reasonable certain time to be here.
Vice Mayor Regalado: We can tell you. We can tell you...
Mr. Wilkins: We think six o'clock is the most...
NOTE FOR THE RECORD: Commissioner Hernandez enters the
i
Commission chamber at 7:45 p.m.
i
Vice Mayor Regalado: ... around six o'clock. The reason, J.L., is because we may have so much
in the regular agenda. So six o'clock.
Mr. Albo: All the time, he got six o'clock. All the time he apply, it's going at six o'clock. Why
can't you put it early?
Vice Mayor Regalado: Because we're going to run late, anyway, because the City is going
through a very crucial situation.
Mr. Albo: When is the first meeting going to...
212 December 12, 1996
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Vice Mayor Regalado: We can't tell you five o'clock. I mean, if you want to be here five
o'clock, fine. But we...
Mr. Albo: I don't want to be here at five o'clock.
Vice Mayor Regalado: ... can't tell you five o'clock.
Mr. Albo: I want to be early. All the time, he got six o'clock.
Vice Mayor Regalado: Well, zoning matters are in the afternoon. So you're going to have to
live with that. That's...
Mr. Albo: You want to do this, right? You want it six o'clock? It's six o'clock.
Vice Mayor Regalado: Six o'clock.
Mr. Albo: What do you want? I don't want it six o'clock.
Vice Mayor Regalado: Well, what time you want?
Mr. Albo: The first, early.
Vice Mayor Regalado: Early, early, what's early?
Mr. Albo: Well, three o'clock or four o'clock is...
Vice Mayor Regalado: But there's no... At what time can we begin with the zoning?
Mr. Albo: When is the first meeting for the agenda?
Ms. Teresita Fernandez (Chief, Hearing Boards:) We can start... Mr. Vice Mayor, we can start at
two p.m.
Vice Mayor Regalado: But we won't. We all know that. We won't.
Ms. Fernandez: Theoretically.
Vice Mayor Regalado: Yeah. But we won't. If you want to be here at two o'clock, you're
going to have to wait.
Mr. Albo: For what? What is that? Because of...
Vice Mayor Regalado: Because the City is going through a crisis, and that's what it is. Either
you take it or you leave it.
Mr. Albo: You want to do this, right?
Vice Mayor Regalado: Yes, I want to do this.
Mr. Albo: OK, OK. You want it six o'clock? Six o'clock.
Vice Mayor Regalado: Six o'clock.
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December 12, 1996
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Mr. Albo: That's fine, six o'clock. That's tine.
Ms. Koenigsberg: Thank you.
Mr. Eduardo Nunez: I'm Eduardo Nunez...
Mr. Maxwell: Excuse me.
Mr. Nunez: I'm sorry.
Mr. Maxwell: Mr. Vice Mayor, you have a motion...
Vice Mayor Regalado: OK.
Mr. Maxwell: ... for deferral of this item to January 23rd, six o'clock. You have... There's no
vote. It hasn't been taken yet. You have to take a vote on that.
Vice Mayor Regalado: OK. There's a motion.
Mr. Walter Foeman (City Clerk): I need a movant.
Vice Mayor Regalado: Second by Commissioner Hernandez. All in favor, say "aye."
The Commission (Collectively): Aye.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 96-927
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-15
(APPEAL OF ZONING BOARD'S DECISION WHICH DENIED VARIANCES TO
PERMIT TWO STRUCTURES ALONG S.W. 4 AVENUE WITH PROPOSED SIDE
STREET SETBACKS OF 5'8" AND 3'8" (15' REQUIRED), TO ADD A GARAGE
AND A PORTE-COCHERE TO EXISTING SINGLE-FAMILY RESIDENCE
(APPLICANT: LAZARO ALBO, 2900 S.W. 4 AVENUE) TO JANUARY 23, 1997 AT
6 P.M.
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
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51
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71. DISCUSS / TABLE CONSIDERATION OF AGENDA ITEM PZ-3 ( APPEAL
OF A ZONING BOARD'S DECISION OF OCTOBER 21, 1996, WHICH
GRANTED A VARIANCE FROM ORDINANCE 11000, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE-
FAMILY RESIDENTIAL -- TO ALLOW REAR YARD SETBACK OF 5'-0"
(20%0" REQUIRED) FOR EXISTING ADDITION TO SINGLE FAMILY
RESIDENCE AT 311-321 N.E. 79 STREET, SUBJECT TO REMOVING
MINIMUM OF 2'-0" OF CONCRETE SLAB ALONG SIDE AND REAR
PROPERTY LINES; ZONED R-1 SINGLE-FAMILY RESIDENTIAL. --
APPLICANT: EDUARDO F. NUNEZ. -- SEE LABEL 79.
----------------------------------------------------------------------------------------------------------------
Mr. Eduardo Nunez: May I?
Commissioner Plummer: Is there anybody else?
Mr. Nunez: Eduardo Nunez, 1967 Southwest 17th Street. My item is item number 3. I want to
request a deferral for... to have a full board.
Commissioner Gort: Which item is that?
Commissioner Plummer: Three.
Vice Mayor Regalado: Number 3.
Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): PZ-3.
Commissioner Plummer: You have not been deferred before?
Mr. Joel Maxwell (Deputy City Attorney): Again, Mr. Vice Mayor and members of the
Commission, the appellant is not the gentleman requesting the deferral now. Is the appellant
here?
Commissioner Plummer: Is the appellant here?
Ms. Jacqueline Valdespino: Jacqueline Valdespino, 2040 Southwest 17th Street. We would
object to a deferral. We'd like this matter heard now.
Commissioner Gort: Who is the appellant?
Commissioner Plummer: She is.
Commissioner Gort: OK.
Mr. Maxwell: OK. It's still the Commission's prerogative, but you...
Vice Mayor Regalado: OK. What is the will of the Commission? Do we want to hear this?
Commissioner Plummer: No. The appellant doesn't agree to it. That ends it.
215 December 12, 1996
M
Commissioner Gort: The appellant doesn't agree to it.
Vice Mayor Regalado: Sorry?
Commissioner Gort: The appellant does not agree to it, so we got to hear it.
Commissioner Plummer: That ends it. We'll hear it.
Commissioner Gort: Most of the time, we go by the... either the person presenting it or the
appellant.
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72. BRIEFLY DISCUSS / CONTINUE CONSIDERATION OF AGENDA ITEMS
PZ-4 ( APPEAL OF ZONING BOARD'S DECISION -- FOR SPECIAL
EXCEPTION AS LISTED IN ZONING ORDINANCE 11000, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, C-2 LIBERAL
COMMERCIAL, TO PERMIT CONVERSION OF EXISTING COMMERCIAL
STRUCTURE TO PLACE OF WORSHIP; ZONED C-2 LIBERAL
COMMERCIAL.-- APPLICANTS: MARCELINE PEARLMAN / NADEGE
DUTES -- AND OF PZ-5 ( APPEAL OF ZONING BOARD'S DECISION --
VARIANCE FROM ZONING ORDINANCE 11000, ARTICLE 4, SECTION
401, SCHEDULE OF DISTRICT REGULATIONS, C-2 LIBERAL
COMMERCIAL, TO PERMIT A GREEN SPACE AREA OF NO LESS THAN
8.4% OR 2,678 SQUARE FEET (109o' OR 3,178 SQUARE FEET REQUIRED)
FOR PLACE OF WORSHIP; ZONED C-2 LIBERAL COMMERCIAL --
APPLICANT: MARCELINE PEARLMAN / NADEGE DUTES -- LOCATION:
J 311-321 N.E. 79 STREET).
1----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Anybody else that's not had a previous deferral? Tony.
Mr. Tony O'Donnell: Members of the Commission, for the record, Tony O'Donnell, with law
offices at 701 Brickell Avenue. I'm representing the appellant on item 4 and 5. They are
companion items, and we would request a deferral to get a full board.
Commissioner Plummer: You've never had a deferral before?
Mr. O'Donnell: No, sir.
Commissioner Plummer: OK. I'll move it.
Vice Mayor Regalado: OK. Second.
Ms. Slazyk: To January 23rd?
Commissioner Plummer: January 23rd is fine with me. That's 4 and 5.
Unidentified Speaker: I would object, and I would like this matter to be taking place now,
please.
Mr. Joel Maxwell (Deputy City Attorney): Well, we need a vote on 4 and 5.
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December 12, 1996
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Commissioner Plummer: Wait, wait. Take the vote.
Mr. Maxwell: Did you get the vote on 4 and 5? Mr. Clerk, is there a vote on 4 and 5?
Mr. Foeman: No. There was just a movant and a second.
Commissioner Plummer: Where are we?
Mr. Maxwell: We're waiting on a vote. Mr. Vice Mayor?
Vice Mayor Regalado: Yes.
Mr. Maxwell: You have a motion to defer on items 4 and 5 to January 23rd.
Vice Mayor Regalado: OK. There is a motion. Is there a second then?
Mr. Maxwell: I believe there was.
Vice Mayor Regalado: Second by Commissioner Hernandez. All in favor, say "aye."
The Commission (Collectively): Aye.
Mr. O'Donnell: Thank you.
Commissioner Plummer: Fine.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 96-928
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-4 (APPEAL
OF ZONING BOARD'S DECISION TO PERMIT CONVERSION OF EXISTING
COMMERCIAL STRUCTURE AT 311-321 N.E. 79 STREET TO A PLACE OF
WORSHIP) AND AGENDA ITEM PZ-5 (APPEAL OF ZONING BOARD'S
DECISION TO PERMIT A GREEN SPACE AREA OF NO LESS THAN 8.4
PERCENT FOR A PLACE OF WORSHIP AT 311-321 N.E. 79 STREET) TO
JANUARY 23, 1997.
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS:
ABSENT:
None.
Mayor Joe Carollo
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December 12, 1996
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----------------------------------------------------- ----------------------------------------------------------
73. RECONSIDER AGENDA ITEM PZ-15 -- CONTINUE CONSIDERATION OF
AGENDA ITEM PZ-15 TO MEETING OF 2 / 27 / 97 AT 6 P.M. (APPEAL OF
ZONING BOARD'S DECISION DENYING VARIANCES TO PERMIT TWO
STRUCTURES ALONG S.W. 4 AVENUE WITH PROPOSED SIDE STREET
SETBACKS TO ADD GARAGE AND PORTE-COCHERE TO SINGLE
FAMILY RESIDENCE -- APPLICANT: LAZARO ALBO -- LOCATION: 2900
S.W. 4 AVENUE)-- SEE LABEL 70.
----------------------------------------------------------------------------------------------------------------
Commissioner Gort: PZ-1.
Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): PZ-1 is an appeal of a...
Vice Mayor Regalado: Sorry, sorry.
Mr. Albo: I don't be here on the 23rd of January. I'll be in Washington for the inauguration for
the President Clinton.
Vice Mayor Regalado: OK. The 23rd... The 23rd is...
Mr. Albo: I don't be here.
Vice Mayor Regalado: You won't be here. So...
Commissioner Plummer: Well, then, that would put it over to February the 27th.
Mr. Albo: All right.
Vice Mayor Regalado: All right.
Mr. Albo: OK.
Vice Mayor Regalado: Fine with us.
( Mr. Joel Maxwell (Deputy City Attorney): Motion to reconsider.
Vice Mayor Regalado: Motion to reconsider.
Mr. Maxwell: You need a motion to reconsider, change the date to the new one.
Commissioner Plummer: Now, how are we going to notify those people? Are they here?
Mr. Maxwell: Are the other parties still here?
Mr. Albo: Yeah, outside.
Commissioner Hernandez: Go bring them inside a second, one person only.
Mr. Maxwell: Could you grab... bring her back in for a moment?
218 December 12, 1996 t
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Commissioner Plummer: All right. I'll make a motion to reconsider the previous motion.
Mr. Maxwell: That was the motion on PZ-15.
Commissioner Plummer: On PZ-15. Is there a second?
Commissioner Gort: Second.
Vice Mayor Regalado: Second.
Commissioner Plummer: Call the roll.
Vice Mayor Regalado: Yes.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 96-929
A MOTION TO RECONSIDER MOTION 96-927, WHICH HAD CONTINUED
CONSIDERATION OF AGENDA ITEM PZ-15 (APPEAL OF ZONING BOARD'S
DECISION WHICH DENIED VARIANCES TO PERMIT TWO STRUCTURES
ALONG S.W. 4 AVENUE WITH PROPOSED SIDE STREET SETBACKS OF 5'8"
AND 3'8" (15' REQUIRED), TO ADD A GARAGE AND A PORTE-COCHERE TO
EXISTING SINGLE-FAMILY RESIDENCE (APPLICANT: LAZARO ALBO, 2900
S.W. 4 AVENUE) TO JANUARY 23, 1997 AT 6 P.M.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
Commissioner Plummer: Now, where are the Roads people? Here. Joe, Mr. Albo says that he
I will be in Washington, D.C. on the 23rd. He would like to take it over to February the 27th. Is
that any problem?
i
Commissioner Gort: Time certain, six o'clock.
Commissioner Plummer: Time certain at six o'clock.
Mr. Joe Wilkins: As long as the time is set so we can plan around that.
Commissioner Plummer: I move at this time that it be moved to the 27th of February, at a time
certain.
Mr. Wilkins: As long as we've got a time certain, we're even.
Vice Mayor Regalado: OK.
219 December 12, 1996
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Mr. Maxwell: Six o'clock.
Mr. Wilkins: Thank you.
Commissioner Plummer: Six p.m.
Mr. Albo: Thank you.
Vice Mayor Regalado: OK.
i
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 96-929.1
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-15
(APPEAL OF ZONING BOARD'S DECISION WHICH DENIED VARIANCES TO
PERMIT TWO STRUCTURES ALONG S.W. 4 AVENUE WITH PROPOSED SIDE
STREET SETBACKS OF 5'8" AND 3'8" (15' REQUIRED), TO ADD A GARAGE
AND A PORTE-COCHERE TO EXISTING SINGLE-FAMILY RESIDENCE
(APPLICANT: LAZARO ALBO, 2900 S.W. 4 AVENUE) TO FEBRUARY 27, 1997
AT 6 P.M.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS:
ABSENT:
None.
Mayor Joe Carollo
------------------------------------------------------------ ---------------------------------------------------
74. DISCUSS / TABLE CONSIDERATION OF AGENDA ITEM PZ-11 TO BE
DISCUSSED LATER ON UNDER LABEL 81 ( PROPOSED FIRST READING
ORDINANCE PROVIDING FOR DEVELOPMENT BONUSES FOR SD-17
SOUTH BAYSHORE DRIVE OVERLAY DISTRICT (THE MUTINY). -- (SEE
LABEL 81)
----------------------------------------------------------------------------------------------------------------
Vice Mayor Regalado: Anybody else on a deferral?
Mr. Marco Rubio: Yes. Marco Rubio, from the Law Offices of Tew and Beasley, on item PZ-
11.
Vice Mayor Regalado: PZ-11.
Mr. Rubio: Yeah. We respectfully request a deferral. We believe that this item would take
about 45 minutes to discuss fully.
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December 12, 1996
Commissioner Plummer: Are you the applicant?
Mr. Rubio: No.
Vice Mayor Regalado: He represents...
Mr. Rubio: Mr. Murray
Commissioner Plummer: And what are you asking? That that one be deferred?
Mr. Rubio: Yes.
Vice Mayor Regalado: Deferral.
Mr. Rubio: We believe it will take about 45 minutes to fully discuss this item. It's a pretty...
Commissioner Plummer: You bet your bippy it's deferred. Forty-five minutes?
Vice Mayor Regalado: OK. When...
Ms. Lucia Dougherty: Mr. Plummer, just one minute, please. This was deferred at their request
the last time. This is very important to the Mutiny and its redevelopment project, and we would
ask that you not defer it, please.
Commissioner Plummer: Wait, wait, wait. Is it going... You know, is it going to take 45
minutes?
Ms. Dougherty: I don't believe it's going to take 45 minutes from our standpoint.
Vice Mayor Regalado: Well, you're here...
Commissioner Plummer: Who is the applicant?
Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): The department.
Ms. Dougherty: The applicant is the City. This is a text amendment that will assist in the
redevelopment of the Mutiny and provide public parking in connection with the Mutiny.
Commissioner Plummer: Item 7?
Ms. Dougherty: Eleven.
Vice Mayor Regalado: Eleven, 11.
Commissioner Plummer: Oh, 11. I'm sorry. I'm looking at... I thought...
Vice Mayor Regalado: Item 11.
Commissioner Plummer: Seven, 11.
Vice Mayor Regalado: Lucia, how many times has it been deferred?
Ms. Dougherty: It was deferred at least twice, I believe, or...
221
December 12, 1996
Ms. Slazyk: Yeah. It came before you. It was remanded back to the PAB (Planning Advisory
Board). It went before the PAB, came back here, it was deferred, and now it's back.
Ms. Dougherty: And it was deferred at their request the last time. I didn't object, but we really
need to have this heard, if possible.
Vice Mayor Regalado: OK. Marco?
Mr. Rubio: If I may, I would just simply add, it's a very complex ordinance. It has a lot of very
critical issues, and in a very critical area of the Grove. It would take about 45 minutes to fully
discuss these matters. I'm only doing it out of consideration for the hour of the night. It's close
to...
Vice Mayor Regalado: Well, this Commission has been working not only today, but days
before, and it's been a long day. And I don't know the...
Commissioner Plummer: Who do you represent, sir?
Mr. Rubio: I represent Mr. Murray Diamond on behalf... the Law Firm of Tew and Beasley.
Marco...
Commissioner Plummer: In behalf of who?
Mr. Rubio: The Law Offices of Tew and Beasley. For the record, my name is Marco Rubio.
Vice Mayor Regalado: OK. What is the...
Commissioner Gort: My understanding is that when asked, we always give the applicant or the
appellant the right to ask for it, and if the other party is the one that requests it, and if the
applicant... the appellant says yes, like they have been before, we say yes. I'm not willing to
defer.
Commissioner Plummer: Well, this is... the City is the applicant here.
Commissioner Gort: Right. I mean, this is a Coconut Grove item. Am I correct? And if it was
something that was negative, I know in this room, we'd have at least 300 people. And I don't
see anyone. So I don't have any problem hearing this.
Vice Mayor Regalado: Well, do you want to hear this?
Commissioner Plummer: That's fine with me, but I just don't know why it's going to take 45
minutes.
Ms. Dougherty: The other option is that you can pass this on first reading, and we can have a
full hearing the next month.
Commissioner Plummer: That's what we're going to do. OK.
Commissioner Gort: That's what we'll do.
Vice Mayor Regalado: OK. Let's do that. But we don't have 45 minutes for discussion on this.
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-----------------------------------------•------------------------------------------ -
75. DISCUSS I DEFER CONSIDERATION OF MODIFICATION OF
RESOLUTION 96-596 WHICH HAD ALLOCATED $750,000 FROM
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR
REHABILITATION OF RENTAL UNITS IN OVERTOWN AREA BY NEW
ARENA SQUARE CORPORATION (KNIGHT MANOR) (SEE LABEL 69)
---------------------------------------------------------------------------------------------------------------
Vice Mayor Regalado: Mr. Manager...
Commissioner Plummer: All right. Let's go.
Vice Mayor Regalado: Sorry. Mr. Manager, do you have anything for us?
Mr. Edward Marquez (City Manager): Regarding...
Vice Mayor Regalado: Regarding the...
Mr. Marquez: Regarding the last item from the board meeting.
Commissioner Plummer: Knight Manor.
Mr. Maxwell: The Knight Manor item. I'm requesting that we hear the item on December 23rd.
There are a number of items between Knight Manor and staff that has to be resolved.
Commissioner Plummer: Mr. Gort, it's your item.
Commissioner Gort: Sure.
Commissioner Plummer: Second.
Mr. Marquez: Thank you, sirs.
Vice Mayor Regalado: OK. All in favor, say "aye."
The Commission (Collectively): Aye.
223 December 12, 1996
r
Vice Mayor Regalado: OK. We'll hear that on the 23rd.
THEREUPON, ON MOTION DULY MADE BY
COMMISSIONER GORT AND SECONDED BY
COMMISSIONER PLUMMER, ITEM 37 WAS DEFERRED BY
THE FOLLOWING VOTE:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
----------------------------------------------------------------------------------------------------------------
76. DENY APPEAL OF ZONING BOARD'S DECISION TO GRANT SPECIAL
EXCEPTION TO PERMIT CONVERSION OF APARTMENT BUILDING TO
ROOMING / LODGING HOUSE (BED AND BREAKFAST) -- ZONED R-3
MULTIFAMILY MEDIUM DENSITY RESIDENTIAL -- APPLICANT:
DANIEL & BRIGITTE KAVANAUGH -- LOCATION: 3201 AVIATION
AVENUE. -- SEE LABEL 78.
j----------------------------------------------------------------------------------------------------------------
I
Commissioner Gort: PZ-1.
Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): PZ-1 is an appeal of a special exception that
was granted by the Zoning Board. The special exception is for a rooming/lodging house at 3201
Aviation Avenue. The department recommended approval with conditions, and it was appealed
here to the City Commission. The appeal specifically states that the application did not receive
the special and intensive review it should have received for being a special exception, and that
we were reviewing it under a category called bed and breakfast that was not defined in our
Zoning Ordinance. The department contends that that is not the case. This was reviewed quite
intensely. We went out to the site several times. We came up with conditions for approval. We
then further referred it to the Urban Development Review Board, at which time, they received
more comments from the Urban Development Review Board, and addressed those by proffering
13 additional conditions onto themselves for this project. So the project is now here before you
with a recommendation of approval with 17 conditions which the applicant has agreed to. With
regards to the issue of a definition of "bed and breakfast," the appeal is correct. We do not have
a definition of "bed and breakfast." But this was reviewed for the application presented before
us, and that... it had nothing to do with which definition under the, you know, the fact that... The
applicant chooses to call it a bed and breakfast for marketing purposes. It was reviewed under
the definition we have in our Code, and it was found in compliance with all of the considerations
for which we reviewed it. And that is... The department is still recommending approval of the
application with the conditions set forth in the package. After the applicant makes its
presentation, the appellant, if you have any more questions about those conditions, I'd be glad to
answer.
Commissioner Plummer: Isn't this an appeal?
Ms. Slazyk: This is an appeal, yes.
224 December 12, 1996
Commissioner Gort: So the appellant goes first.
Commissioner Plummer: The appellant goes first.
Ms. Slazyk: The appellant goes first, yes.
Vice Mayor Regalado: Sir. Sir.
Commissioner Plummer: No, no, no. Over here. He's the first.
Mr. Joel Maxwell (Deputy City Attorney): Mr. Vice Mayor...
Vice Mayor Regalado: Yes.
Mr. Bob Fitzsimmons: My name is Bob Fitzsimmons. I'm the appellant on this.
Mr. Maxwell: Be sure to swear in everyone.
Vice Mayor Regalado: OK.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
225 December 12, 1996
1 Mr. Fitzsimmons: My name is Bob Fitzsimmons. I reside at 2512 Abaco Avenue in Coconut
Grove. I am the appellant on this issue. I have some major concerns with the placement of a
boarding house on Tigertail and 27th... and Aviation. Let me start by saying throughout the
process, this has been billed as a bed and breakfast. Isn't a bed and breakfast a wonderful idea in
Coconut Grove? What our problem is, is we would like to address the issue of bed and breakfast
on a Citywide scale. There is no definition of bed and breakfast in the Zoning Ordinance. It's
been considered as a boarding house with 17 restrictions on it. What we've been asking for the
year that this appeal has been pending is for the Administration to draft a bed and breakfast
ordinance, as other cities have, and consider it under that ordinance. One of the problems that
people in Coconut Grove always had with the City is we don't want to address things in a
Mickey Mouse fashion. We want to put in... We're putting in our first bed and breakfast, and
we're putting it in on one application with 17 different restrictions. And this is an R-3. So now,
everybody in R-3 can come in, and they can put in their own little restrictions. What I am asking
is, one, I don't want a boarding house here. I don't think the location should be a boarding
house, which is what he is permitted. If the bed and breakfast doesn't work, he has a boarding
house. What I would like to see done is this: My appeal granted, the bed and breakfast not
permitted here, I would like the City to draft a bed and breakfast ordinance, and let him come in
under that ordinance so that we have uniformity, we know what we're getting, we know what all
the other R-3 areas in the City of Miami will be required to meet in order to have a bed and
breakfast. On this particular location, also, we have a place that has substandard parking that's
grandfathered in, and we're going to change it from a residential to a commercial use. We're
jumping a street. Next to it is low density residential, if not single-family residential. And I
think we're taking a very large step here without realizing the step we're making, because think
of the areas that are covered in the same zoning district that now, under equal protection, will be
able to come in here and say, "I want a bed and breakfast." Now, the staff will tell you, and
made the presentation at the Zoning hearing that a bed and breakfast is... typically, an owner
resides on it, not a manager, not a resident manager, like a hotel would have or an apartment
house would have a superintendent. A bed and breakfast is different. The owner lives there. It
has a personal charm to it. That's not what we're getting here. We're getting a resident
manager. We're getting a rooming house. We don't want that. What we are asking... what I am
asking is, please, not allow this to go in, draft an ordinance dealing with the issue of bed and
breakfast, and let him apply under the issue of bed and breakfast, and see whether it deserves
merit at that time. I am not opposed to bed and breakfast. I'm not certain I'm opposed to bed
and breakfast here, but I am opposed to a haphazard method to put a bed and breakfast very
close to a residential area, based on attachments from staff or from the Zoning Board.
Vice Mayor Regalado: Thank you. Thank you.
Mr. Maxwell: And you need to give a copy of that to the City Clerk. You also need to give a
copy to... excuse me. You would also need to give a copy to the opposing side.
Mr. Dan Kavanaugh: OK.
Commissioner Plummer: To who?
Mr. Maxwell: The opposing side.
Commissioner Plummer: Oh.
226 December 12, 1996
�i
Mr. Dan Kavanaugh: Good evening, Mr. Vice Mayor and members of the Commission. My
name is Dan Kavanaugh. I am the applicant in this item. I reside at 3652 Poinciana Avenue,
Coconut Grove, where I've lived for the past 30 years. And the property which is the subject of
the application is located at 3201 Aviation Avenue in Coconut Grove. Let me start by saying
that this has been recommended for approval by the Planning Department. It has been passed by
the Urban Design Review Board, and it has been passed in a near unanimous vote by the Zoning
Board. First, I would like to address the application itself, and then at the conclusion, I'd like to
address Mr. Fitzsimmons' concerns. We had a conversation with a lady who owned a bed and
breakfast in Key West, where my wife and I stayed not too long ago, saying that she was very
surprised to learn that Coconut Grove did not have a single bed and breakfast, that because of its
particular charm and its waterfront location, she felt that it was really astonishing that in the
entire section of Coconut Grove, there was not a single bed and breakfast. So with that thought
in mind, we went and conferred with the Planning Department. And as the Planning
Department's representative had said, they made a rather thorough study of the property. I'd like
to do a quick... a very quick run through of the folder I've just handed you. On the cover is an
informal artist's rendering of the structure, itself. On the first... the first page after that is a photo
of the front of the building as you standing looking at it from across the street. The next page is
a photo of the interior courtyard of the building, which you can see is heavily landscaped with
tropical vegetation and palms, and really a very lovely location. The next page is standing in
front of the entrance of the building looking down Aviation Avenue directly at Monty's Marina,
with the Terremark office building on the right-hand side and the high-rise condominium on the
left-hand side. The next photo, turning over, is standing in front of the building looking directly
across the street to the Terremark parking garage. The next photo is standing on the Tigertail
side of the building looking across Tigertail to the north. The next photo is standing in front of
the building looking directly at the apartment building, which you see on the left side and the
right side is a large office building, which is immediately next door to it. There are a couple
letters in the folder that I'd like to very briefly call your attention to. They're very brief. The
first one is from the Coconut Grove Chamber of Commerce, and it says that, "As the Chamber
receives many inquiries as to the availability of this type of accommodation, we share your belief
that there is a demand and a need for such a facility, and we totally support your effort to provide
it." The next letter is from the Coconut Grove Playhouse, stating that, "We have difficulty
finding suitable nearby housing for actors, and actors performing at the playhouse. We feel the
establishment of a bed and breakfast at 3201 Aviation Avenue would be a big help for the
Playhouse." The next letter is from the owners of the Terremark Office Building, stating that
they support the bed and breakfast application. And the next letter, I'm particularly proud of,
because that one is from Mr. and Mrs. Leathers, who state that, "We have lived on Tigertail
Avenue across the street from the apartment building property you own at 3201 Aviation Avenue
for close to 20 years, and we are in favor of your proposal to use the property as a bed and
breakfast." The last letter is from Mr. Villano, who is a neighbor of Mr. Fitzsimmons, the
appellant, and Mr. Villano states, "I think your idea of converting your nearby apartment
building to a bed and breakfast is a great idea that will enhance the value and ambience of nearby
properties, and you have my full support for your project." On the next page in your folder is a
list of the individuals, groups and City agencies that I have met with to, in each case, personally
discuss the application for a bed and breakfast at 3201 Aviation Avenue. I'm certainly not going
to read the list of all who appear there, but I would mention to you that in the first group you see
are the immediate neighbors, and I received a favorable reaction from each and every one of the
immediate neighbors who are listed there. And in addition to them, I have met with five
different civic groups and five different departments and agencies of the City of Miami. The last
item in your folder reflects the conditions which the Planning Department has recommended be
attached to the granting of this application. I endorse their conditions. I think they're excellent,
and I'm fully in favor of them. And in addition to their conditions, I have added 14 of my own
as the applicant, to assure that the bed and breakfast at 3201 Aviation Avenue would always be a
good neighbor. So there are a total of 14 conditions here. The Planning Department has added
two others, and I'm also in favor of those and endorse those. So I'm completely in accord with
227 December 12, 1996
the Planning Department.
Vice Mayor Regalado: Thank you. Thank you.
i
Mr. Kavanaugh: I would like to conclude by saying...
Vice Mayor Regalado: You may, please, sir.
Mr. Kavanaugh: If I may conclude by saying that Mr. Fitzsimmons' concern is that... The City
of Miami has lots of priorities. There are lots of things it desperately needs, and there are a lot of
things this Commission and the Planning Department have to give their attention to. If it needs
an ordinance regarding bed and breakfast, well, I think that that, in the future, should be
addressed. But this application has been brought under an existing ordinance. It has been
deemed to be a proper application, entitled to be considered on its merits. I think it would be
good for Coconut Grove, I think it would be good for the City, I think it's a positive step, and I
recommend it for your favorable consideration.
Vice Mayor Regalado: Well, thank you very much. Are we ready?
Commissioner Gort: He gets a few minutes of rebuttal.
Vice Mayor Regalado: OK.
Mr. Fitzsimmons: Just a brief response to the comments. He did meet with many associations,
including my own homeowners' association, and we all are opposed to it. I will point your
attention to here. The written responses of the neighbors were all negative. I'm gad he showed a
picture. If you look at a picture of the project, you see that it has sub -Code parking. All the
parking is going to be commercial use. It's backup parking. It's not sufficient parking. It is
grandfathered in, so it is legal, but it... We're changing it from a residential to a commercial use.
Our problem is this. We are piecemeal, making a Zoning Code change by allowing a,
quote/unquote, "bed and breakfast." Everybody is saying they're in support of that. We just
want... And I don't know why, after a year, the Administration doesn't have a bed and breakfast
ordinance. That's what we've been clamoring for, to get rid of this appeal. We would like it to
go through a bed and breakfast ordinance.
Vice Mayor Regalado: Well, thank you very much.
Mr. Kavanaugh: Could I just briefly respond to the point that...
Vice Mayor Regalado: We have taken a lot of time. I mean, the Commission should decide
what is the will of this Commission. So is there a motion?
Commissioner Gort: Well, Mr. Vice Mayor, after listening to both parties and listening to the
recommendations of the staff and the Zoning Board, and all the other boards, I move for
approval. I would move to deny the appeal.
Vice Mayor Regalado: I'm sorry?
Commissioner Plummer: Second. And I do think that he makes very good points, and I think
the Planning and Zoning Department should be about the business of getting a set of criteria that
will establish... And hopefully, we can encourage more, because these are very popular around
the United States today, and they are unique to me, like what is Coconut Grove.
228 December 12, 1996
Vice Mayor Regalado: OK. There is a motion. Second by Commissioner Plummer, a motion
by Commissioner Gort. All in favor...
The Commission (Collectively): Aye.
Mr. Kavanaugh: Could I collect back those folders? This is a low budget operation, and I need
those.
Vice Mayor Regalado: Sure.
Mr. Kavanaugh: Recycle.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 96-930
A RESOLUTION, WITH ATTACHMENT(S), AFFIRMING THE DECISION OF THE
ZONING BOARD, THEREBY GRANTING A SPECIAL EXCEPTION FROM THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, CONDITIONAL
PRINCIPAL USES, TO PERMIT A CONVERSION OF A 16 UNIT APARTMENT
BUILDING TO A ROOMING/LODGING HOUSE CONTAINING 16 LODGING
UNITS FOR THE PROPERTY LOCATED AT 3201 AVIATION AVENUE, MIAMI,
FLORIDA, ZONED R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL, PER
PLANS ON FILE, SUBJECT TO: (1) A TIME LIMITATION OF TWELVE MONTHS
IN WHICH A BUILDING PERMIT MUST BE OBTAINED; AND (2) THE
CONDITIONS SET FORTH ON EXHIBIT "A" ATTACHED HERETO AND MADE A
PART HEREOF.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
Ms. Slazyk: Just for the record, the department is working on a bed and breakfast ordinance.
It's something the Historic Preservation Officer has been working on for one of the allowed uses
in the HP overlays, and it's something we're going to apply Citywide. It should probably be
here within the next three months.
229
December 12, 1996
----------------------------------------w-----------w-----------------------------------------------------------
77. GRANT APPROVAL FOR MAJOR USE SPECIAL PERMIT PURSUANT TO
ARTICLES 13 AND 17 OF ZONING ORDINANCE 11000,-- FOR NEW HOPE
OVERTOWN PROJECT TO BE LOCATED AT APPROXIMATELY N.W. 6
STREET AND 6 AVENUE, TO BE COMPRISED OF NOT MORE THAN 40
SINGLE FAMILY DETACHED UNITS OF AFFORDABLE HOUSING AND
57 PARKING SPACES -- ZONED R-3 MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL AND R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL.
Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): PZ-2 is a major use special permit for the
New Hope Overtown Planned Unit Development. This is a project that will consist of 40 single-
family detached homes on approximately 3.2 acres of land in the Overtown area. This project
also includes a special exception for a reduction of parking for affordable housing, and setback
variances for the outer perimeters of the project. The department worked very closely with the
developers and the architects throughout the process to ensure a project where the... the parking,
especially, the reduction they requested would not impact adjacent streets. They made some
modifications to their site plan to get more parking near the larger units so there would be less
spill -over. The project went to the Urban Development Review Board and the Large Scale
Development committee for further comments, and concerns were expressed, and they have
responded to all of them. It was recommended for approval by the Zoning Board, and for
approval by the Planning Advisory Board. The department is also recommending approval with
conditions in the development order. The conditions are primarily related to the maintenance
and recordation of documents required to ensure that the maintenance is done by a homeowners'
association, and that sort of thing. So again, I'll let the applicant make their presentation. If you
have any questions...
Vice Mayor Regalado: Everyone who is going to speak will be sworn in.
Unidentified Speaker: We won't need them all, but we better...
Commissioner Plummer: Well, wait a minute, wait a minute.
Vice Mayor Regalado: Wait, wait.
j Commissioner Plummer: Excuse me. Are there any objectors?
Commissioner Gort: Well, let them be sworn in. They have to be sworn.
Vice Mayor Regalado: Anybody...
Commissioner Plummer: Why?
Vice Mayor Regalado: Does anybody who wants to speak, other than the applicants on this
project?
Mr. Joel Maxwell (Deputy City Attorney): The applicants, as well.
Commissioner Gort: Everyone who wants to speak on this item has to be sworn in.
Vice Mayor Regalado: I know, I know. But I'm saying if we have people that are not in
agreement with this project here. All of you are in the same group?
230 December 12, 1996
Unidentified Speaker: Yes.
Vice Mayor Regalado: OK. Go ahead.
i
I AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Commissioner Plummer: I move for approval.
Commissioner Hernandez: Second.
Vice Mayor Regalado: OK. There is...
Commissioner Gort: It was seconded. Under discussion. Is anyone in opposition to this item?
Commissioner Plummer: That's what I asked. There's nobody up.
Vice Mayor Regalado: OK.
Commissioner Plummer: Why did you swear them in?
Vice Mayor Regalado: There's a motion by Commissioner Plummer, a second by
Commissioner Hernandez.
i
Commissioner Plummer: No, no, that's it. They're not going to testify, you don't have to swear
them in.
Vice Mayor Regalado: All in favor...
The Commission (Collectively): Aye.
Vice Mayor Regalado: OK, approved.
Commissioner Plummer: "Oye."
Unidentified Speaker: Thanks a lot.
i
Commissioner Gort: Than you so much.
Commissioner Hernandez: Have a nice night.
i Commissioner Plummer: Unbelievable.
231 December 1.2, 1996
r
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 96-931
A RESOLUTION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A
MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 13 AND 17 OF
ZONING ORDINANCE NO. 11000, FOR THE NEW HOPE OVERTOWN PROJECT
TO BE LOCATED AT APPROXIMATELY 528, 538, 550 AND 560 NORTHWEST
8TH STREET; 501, 511, 515, 521, 525, 531, 535, 541, 545 AND 551 NORTHWEST
6TH STREET AND, 601, 611 AND 621 NORTHWEST 6TH AVENUE, MIAMI,
FLORIDA, TO BE COMPRISED OF NOT MORE THAN FORTY (40) SINGLE
FAMILY DETACHED UNITS OF AFFORDABLE HOUSING AND FIFTY-SEVEN
(57) PARKING SPACES; DIRECTING TRANSMITTAL OF THIS RESOLUTION AS
DESIGNATED HEREIN; MAKING FINDINGS OF FACT AND STATING
CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; AND
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
(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 J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
----------------------------------------------------------------------------------------------------------------
78. CONTINUE / CLARIFY INTENT OF 96-930: AFFIRMING ZONING
BOARD'S DECISION TO GRANT SPECIAL EXCEPTION TO PERMIT
CONVERSION TO ROOMING / LODGING HOUSE (BED AND
BREAKFAST) AT 3201 AVIATION AVENUE, COCONUT GROVE -- (SEE
LABEL 76)
--------------------------------------- ------------------------------------------------------------------------
Mr. Joel Maxwell (Deputy City Attorney): Mr. Vice Mayor, Mr. Vice Mayor.
Vice Mayor Regalado: Yes.
Mr. Maxwell: Just for clarification, on item PZ-1, the motion which was adopted by the
Commission was one affirming the Zoning Board and granting the special exception.
Commissioner Plummer: Right.
Mr. Maxwell: That was PZ-1.
232 December 12, 1996
Commissioner Plummer: Denied the appeal.
Vice Mayor Regalado: PZ-1, right, right. Absolutely.
----------------------------------------------------------------------------------------------------------------
79. GRANT APPEAL / REVERSE ZONING BOARD DECISION WHICH
GRANTED VARIANCE FROM ORDINANCE 11000, ARTICLE 4, SECTION
401, SCHEDULE OF DISTRICT REGULATIONS, R-1 SINGLE-FAMILY
RESIDENTIAL -- TO ALLOW REAR YARD SETBACK OF 5'-0" (20'-0"
REQUIRED) FOR EXISTING ADDITION TO SINGLE FAMILY RESIDENCE
AT 1957 S.W. 17 STREET -- SUBJECT TO REMOVING MINIMUM OF V-0"
OF CONCRETE SLAB ALONG SIDE AND REAR PROPERTY LINES;
ZONED R-1 SINGLE-FAMILY RESIDENTIAL.-- APPLICANT: EDUARDO F.
NUNEZ. (SEE LABEL 71)
Vice Mayor Regalado: Item...
Commissioner Plummer: Three.
Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): PZ-3 is an appeal of a variance which was
granted by the Zoning Board for an existing addition to a single-family residence. The Zoning
Board granted it subject to removing a concrete slab on the side and rear of the property. It's
being appealed by a neighbor. The department's recommendation is denial of the variance.
There is no hardship. This property has a size of 6,268 square feet, which is well above the
standard lot size in the City of Miami. And the addition as constructed is excessive and out of
proportion with the existing residences in the area. It's an after -the -fact building permit and
variance they're seeking, and we recommend denial.
Vice Mayor Regalado: Mr. City Clerk, are you...
Commissioner Plummer: Anybody that's going to testify...
Vice Mayor Regalado: OK. Has to be sworn in.
Commissioner Plummer: Are you going to testify? Anybody that's going to testify on this item
needs to be sworn in.
Vice Mayor Regalado: OK. You, sir, are you going to speak on this issue?
Unidentified Speaker: Yes.
Vice Mayor Regalado: OK. You have to be sworn in.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Vice Mayor Regalado: Your name is?
233
December 12, 1996
#.v
Ms. Jacqueline Valdespino: Jacqueline Valdespino. I reside at 2040 Southwest 17th Street. I
am also an attorney. However, I am appearing here as an neighbor. We prepared the transcript
of the Zoning Board meeting, and we provided it to the appeals section for your review, if
necessary. Present at the Zoning Board...
Commissioner Gort: Excuse me. A point of clarification. In the minutes, we show one of the
board members voting for it and voting against it.
Mr. Joel Maxwell (Deputy City Attorney): That's right. The minutes, I think, are mistaken, but
it's a diminimous error because either way, it would still pass. That's a clerical mistake in the
minutes.
Mr. Carlos Smith (Assistant City Manager): Either way, it would have passed, 5/3 or 6/2.
Ms. Valdespino: The trans...
Mr. Maxwell: It would have passed, anyway.
Commissioner Gort: OK. I just want to make sure.
Mr. Maxwell: Even if you take that name from both sides, it still would have passed.
Commissioner Gort: OK.
Ms. Valdespino: I have a copy of the transcript, if you would like, and the vote was six to three.
As the department indicated, they recommended denial at the board meeting of the variance,
because there was no showing of hardship. The area in question is zoned as a single-family. At
the time that the petitioner sought the... purchased the property in 1995, it contained a
freestanding servant's quarter in the back. There's a main house, which was what was once a
garage. After purchasing the property, the petitioner converted what was the garage area into an
L-shape, and that became an efficiency rental unit. The main house was rented out, and in the
back, where there was once a servant's quarter, there was rented out two efficiencies. This has
now become a multifamily rental unit in a single-family zoned area. The testimony at the
hearing from the property owners was that, one, the excessive amount of cars, sometimes six to
eight parked in the lot, in the front lawn alone, plus in the street was excessive, and created a
nuisance to the other property owners. In addition, the tenants would drink outside, and urinate
outside. This also created a nuisance to the Shenandoah area. As the Commission is very well
aware, Herrera versus the City of Miami at 600 So.2d 501 from the Third District Court requires
that a... that the petitioner carry the burden of showing a hardship. In this case, there was not a
shred of evidence of hardship. None. The property doesn't have an irregular shape. There is
just nothing that would justify granting the variance in this case. The Florida Supreme Court in
Manns (phonetic) versus Town of Indian Atlantic has stated that a prerequisite to granting a
hardship zoning variance is the presence of an exceptional and unique hardship to the individual
owner. No evidence in this case of that. I suggest to the Commission that the petitioner seeks
the variance, based solely on a self-created hardship. He claims that he purchased this property,
that the bungalow or the servant's quarters behind existed, that he had no idea that it was not in
compliance. And now, he owns this property, and he's going to lose money if he can't sell it.
Well, the law states that the buyer must beware when he purchases a
property. He must... He had the affirmative duty to determine whether the property he was
purchasing was in compliance or not. None of the additions made to the property, either before
or after the petitioner's purchase were done with permits. And now, he seeks the variance? I
suggest that it's too late. The neighbors have a right to rely on the Code and to expect that the
Code is upheld, because there is no legal hardship present which supports the granting of the
234 December 12, 1996
variance. And the board approval of the variance was against the denial recommended by the
department. We ask that the appeal be granted and that the zoning variance be rejected. And I
would like to reserve a few seconds for rebuttal, if possible.
Vice Mayor Regalado: Thank you.
Commissioner Gort: Let me ask you a question, staff.
i
Mr. Mario Femes: "Bueno. Yo, sencillamente vine a explicarles que yo hace threinte-y-uno
anos"...
Mr. Carlos Smith (Assistant City Manager): Wait, wait, wait. "Esperese, esperese. Despacio
para yo traducir."
Mr. Femes: OK. Diga.
Vice Mayor Regalado: "Primero, su nombre. Senor, el le va a traducir to que usted va a decir."
Mr. Femes: "Ah, perdon."
Vice Mayor Regalado: "Y primero, diga su nombre y"...
Mr. Femes: "Mi nombre es Mario Femes."
Mr. Smith: "Su direccion?"
Mr. Femes: "2011 Southwest 17 Street."
[NOTE; INTERSPERSED THROUGHOUT THE HEREIN TRANSCRIPT,
ARE STATEMENTS IN SPANISH. FOLLOWING EACH AND
EVERY STATEMENT, PLEASE FIND THE CORRESPONDING
TRANSLATION INTO ENGLISH OR SPANISH, AS THE CASE
MAY BE. SPANISH STATEMENTS WILL BE DENOTED BY
CAPITAL LETTERS. TRANSLATIONS WERE MADE BY
ASSISTANT CITY MANAGER CARROS SMITH.]
Mr. Femes: BUENO. SENCILLAMENTE, VENGO A NOTIFICAR QUE YO HACE 31
ANDS QUE VIVO EN ESA CASA. Y NUNCA HA HABIDO EL TRAFICO QUE HAY EN
ESA CASA, EN ESA CUADRA ACTUALMENTE. Y SE DIFICULTA HASTA PASAR POR
LA HACERAS, POR LA CANTIDAD DE CARROS QUE ESTAN PARQUEADO EN LA
MISMA. POR LA CANTIDAD DE APARTAMENTO QUE ESTAN CONSTRUIDO
DETRAS DE ESAS CASAS. Y EN DOS OCASIONES he TENIDO QUE LLAMAR A
VECINOS QUE VIVEN EN ESOS LUGARES PARA PODER SALIR DE ME CASA PARA
EL TRABAJO. ME HAN ESTADO OBTRUCCIONANDO EL driveway DE MI CASA.
Translation: 2011 Southwest 17th Street. Simply, I want to state that I have lived in my house
for 30 years. And there has never been the traffic that there is now in that block. It is difficult to
walk on the sidewalk because of the number of cars that are parked, blocking the sidewalk, the
number of apartments, of illegal units that have been constructed behind those houses. And on
two occasions, I had to call neighbors that live in those places in order to be able to leave home
to go to work, because they've been obstructing the driveway of his house.
Vice Mayor Regalado: OK. "Muchas gracias, senor."
Commissioner Gort: I have a question of staff.
235 December 12, 1996
Vice Mayor Regalado: Lourdes.
Commissioner Gort: Lourdes, my understanding is this is in front of us because of Code
Enforcement?
Ms. Slazyk: Well, Code Enforcement usually starts the action where an illegal construction is
found, and then the legalization is to get a variance. So the NET (Neighborhood Enhancement
Team) Office can tell you exactly what Code Enforcement was cited...
Mr. Smith: You want to hear from the NET Office?
Commissioner Hernandez: NET, yeah, please.
Mr. Rafael Rodriguez: OK. This case has been taken in front of the Code Enforcement Board
and found guilty. An extension had been granted in order for them to come into compliance.
Part of the compliance is pulling a building permit. That's why they went up for the variance.
The variance was granted. It got appealed. That's why it's in front of you right now.
Commissioner Hernandez: Ralph, how much is the fine, outstanding fine, at this point in time?
Mr. Rodriguez: OK. I don't have the dollar amount of the outstanding fine at this time now.
Commissioner Hernandez: Do you know how long they were noncompliance?
Mr. Rodriguez: OK. They were given until December the 6th to become into compliance. They
went to... They went in front of the Zoning Board, in order to obtain the building permit. So
after this date, it has been... Today is what? The 12th? It has been six days in noncompliance.
Commissioner Hernandez: When were they first given the affidavit of noncompliance?
Mr. Rodriguez: Well, the affidavit of noncompliance, probably it was given on the 6th.
Commissioner Hernandez: On the 6th of?
Mr. Rodriguez: This month.
Mr. Smith: They were heard by Code Enforcement Board on November the 6th, and given 30
days to comply.
j Mr. Rodriguez: Right.
I
Commissioner Plummer: When was it heard before the Zoning Board?
Ms. Slazyk: October 21st.
Mr. Rodriguez: October 21st.
Commissioner Hernandez: You're talking about '95 or '96?
Mr. Rodriguez: '96. The problem is that the case has been continued. He was... The person
was cited, but it has been continued since May of '96.
Commissioner Hernandez: OK.
236 December 12, 1996
r
Vice Mayor Regalado: OK. Is there a motion?
Commissioner Gort: You got to hear from the applicant.
Commissioner Hernandez: We're going to hear from the other side. Ma'am, are you being
retained for this, or are you a neighbor?
Ms. Valdespino: No. I'm an attorney, but I am also a neighbor. I reside within the
jurisdictional limits.
Commissioner Hernandez: All right. You're just representing yourself.
Ms. Valdespino: Correct.
Commissioner Hernandez: OK.
Ms. Teresita Fernandez (Chief, Hearing Boards:) May I clarify something for the record?
Teresita Fernandez, Hearing Boards. The date of compliance is January the 6th. It's not
December the 6th.
Commissioner Hernandez: So there is no running...
Ms. Fernandez: It's a typo on the fact sheet.
Commissioner Hernandez: There is no fine at this point in time.
Ms. Fernandez: No, sir.
Commissioner Gort: No.
Commissioner Hernandez: OK.
Vice Mayor Regalado: Yes, sir. Your name is?
Mr. Eduardo Nunez: Yes, sir. Eduardo Nunez. 1957 Southwest 17th Street. I'm the owner.
Vice Mayor Regalado: Well, you have to be sworn in. You were not before.
Commissioner Plummer: He was. He was.
Vice Mayor Regalado: He was? OK.
Mr. Nunez: I bought this house like two years ago. I mean, in January '95. And as she stated,
what she... I mean the attorney said that I should know that it was something illegal. I really
didn't know that it was anything illegal. And this is the survey I got at the time of the sale of the
house. And this is the survey I got for... to apply for the variance, and they are exactly the same.
So I could never tell that there was something illegal in this house. I mean, I don't know if I can
pass the... this that... I named it Proof A and B. OK. Yeah, I have enough copies for all of you.
This is "A" and this is "B." OK. This is updated, number... I mean the Survey B is updated
survey to apply for this variance. Also, I got at the time of the sale, I mean, an... a tax... an
affidavit from the previous owner saying that they didn't make any addition, illegal addition,
without permits. So I shouldn't know exactly that it was any illegal addition. And I pass this
around, also. I'm going to pass this around, also. I also want to pass around pictures of the
237 December 12, 1996
�i
structure that we are questioning here, because if you see... I mean, there is no way to tell, I
mean, facing the structure, that there is any addition. I mean, it's a solid one structure. So I
want to pass this around, too. And so I bought this property, I mean, with a real estate involved,
with an attorney involved, thinking that everything was legal at that point, and I didn't make any
addition. I didn't put not even a single brick on this house. Because, I mean, if you see both
surveys in this house, they are exactly the same. So what she says before is not really true.
Second, since I got this violation... and she said before that she provided all of you with a
transcript of the Hearing Board on October the 21st, I don't know if she provided you with the
whole transcript. I mean, in that Hearing Board, I mean... and I really don't want to get into this.
But in that Hearing Board, I mean, my neighbor next door stated himself that the whole thing
started because, I mean, he just decided to build a wooden fence, that if you see in the Survey
B... I mean, I made a circle there. He encroached into my property, and he built this wooden
fence with no permit, cutting trees from my backyard at the time I was in the hospital, and trees
from the City side in front of his house. That started the whole thing. And it was a time that
was... An anonymous call first was made to the Coral Way NET (Neighborhood Enhancement
Team) Office, and later, he was, himself, in this office. And then the inspector contacted me,
and she told me that there was this violation in the back of my house, illegal unit. I didn't know,
and if.. that I didn't know existed. And it... She also gave you this complete transcript. She
stated herself, and this neighbor stated himself in that meeting that they both knew that this
addition was made like five years ago. So it proves exactly that I didn't make this addition. At
the present time... I mean, there's only three people living in the front house. My sister, who
lives in the back with my parents have one car, and these people in the front have one car. They
were talking about some other people who live in this block, who has some other cars. I mean,
that's not my problem. This is not my case. Since this violation came out, I have contacted all
the people from City of Miami. They are all present here, and they can state this. I've been
trying to solve the problem since the very first day. I have been on top of this problem for a
whole year. I mean, taking time of my life, and I'm both... We are all busy people. But I'm an
elementary schoolteacher. I have a lot of things to do at night in my work, and I have been
taking a lot of time of my life, I mean, to solve this problem. My application for a variance, it
was a recommendation of the Zoning and Planning people that I work with to solve this problem.
Even I talked to several neighbors after this problem, even to the attorney's mother and the
people in front of my house, telling that to comply with everything on this house... I have to
comply with the Zoning requirement, which is a single-family home, and I'll be moving into the
premises at the end of January. And I brought this... the person who lives in the front this
morning, but he had to leave, unfortunately, to state here that I requested him to move away. So
I'm going to be moving into the house, and my parents are going to be living in the back. And to
solve a building problem that I didn't create at all, I mean, I requested this variance. I mean, if
this variance is granted to me, I'll be solving a building problem that I didn't create. And if it's
not granted to me, it will really create a hardship for me. Because I pay... I pay, for the square
footage of this house. I have a big mortgage on this house, and if... I don't think... I don't even
think that the mortgage company will accept me to tear this down, which is the only other option
that I could do. So this will make a hardship on me, and it will make a hardship on anyone,
because this is not encroaching anybody's property, or something like that. So...
Vice Mayor Regalado: Well, thank you very much.
Mr. Nunez: OK.
Vice Mayor Regalado: You want to respond very quickly, because we have to move on. We
really have to.
Ms. Valdespino: Two points only. Florida law states - and I have the Supreme Court cases if
you need them - that economic hardship alone cannot create a legal hardship. Therefore, there is
no showing of hardship, even assuming that he would incur some economic loss. Point number
238 December 12, 1996
1i
two, the affidavit from the prior owner creates a cause of action where he can recover his
economic hardship, if, in fact, there is economic hardship. Therefore, again, no legal hardship,
no basis for a variance. Thank you.
Vice Mayor Regalado: OK. Thank you.
Commissioner Hernandez: I have a question for staff. How could the same person vote yes and
no at the same time?
Commissioner Plummer: That's what I asked. You were out. It's already been asked.
Commissioner Hernandez: What was the answer? I wasn't here. What happened there?
Mr. Joel Maxwell (Deputy City Attorney): I'm sorry. That...
Vice Mayor Regalado: It's a typo.
Commissioner Hernandez: It was a typo?
Ms. Fernandez: Mr. Vice Mayor, it's another typo.
Vice Mayor Regalado: OK.
Commissioner Hernandez: OK.
Ms. Fernandez: We apologize. I consulted this with the Law Department, and he said either
way, it pass.
Commissioner Hernandez: Five/four?
Ms. Fernandez: Yes.
Commissioner Gort: Where are you going?
Mr. Rodriguez: Either five/three or...
Ms. Fernandez: Five/three.
Mr. Maxwell: Yeah. That was... We looked at, as I explained earlier, Commissioner
Hernandez, this was... it's a diminimous error. Either way, the motion would have passed.
Vice Mayor Regalado: So what's the Administration's recommendation on this issue?
Ms. Slazyk: Based no hardship, the department recommends denial of the variance, which
means approval of the appeal.
Vice Mayor Regalado: Is there a motion?
Commissioner Hernandez: I make a motion to... I make a motion to deny the variance.
Vice Mayor Regalado: OK. There's a motion by Commissioner Hernandez.
Commissioner Gort: The motion is to approve the appeal.
239 December 12, 1996
51
Commissioner Hernandez: Then I approve the appeal.
Mr. Maxwell: Reversing the Zoning Board and approving the appeal.
Vice Mayor Regalado: OK. There is a motion to approve the appeal by Commissioner
Hernandez. Is there a second?
Commissioner Gort: Second.
Vice Mayor Regalado: Second by Commissioner Gort. All in favor, say "aye."
The Commission (Collectively): Aye.
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO.96-932
A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND
DENYING THE VARIANCE FROM THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, R-1 SINGLE-FAMILY RESIDENTIAL, TO ALLOW A REAR
YARD SETBACK OF 5/-0" (20'-0" REQUIRED) FOR AN EXITING ADDITION TO
A SINGLE FAMILY RESIDENCE FOR THE PROPERTY LOCATED AT 1957
SOUTHWEST 17TH STREET, MIAMI, FLORIDA, ZONED R-1 SINGLE-FAMILY
RESIDENTIAL.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
Commissioner Gort: Four and 5 have been deferred.
Vice Mayor Regalado: Four and 5.
240 December 12, 1996
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r
----------------------------------------------------------------------------------------------------------------
80. GRANT APPEAL / REVERSE ZONING BOARD / GRANT VARIANCE
FROM ORDINANCE 11000, ARTICLE 4, SECTION 401, SCHEDULE OF
DISTRICT REGULATIONS, R-1 SINGLE-FAMILY RESIDENTIAL, --
PERMITTED PRINCIPAL USES TO PERMIT STRUCTURE WITH HEIGHT
OF 29'-8" (25'-0" MAXIMUM ALLOWED) -- ZONED R-1 SINGLE-FAMILY
RESIDENTIAL. -- APPLICANT: ROBERT TENZER -- LOCATION: 1840 S.
BAYSHORE LANE.
Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): PZ-6 is a second reading to...
Mr. Carlos Smith (Assistant City Manager): Mr. Vice Mayor.
Vice Mayor Regalado: Yes.
Mr. Smith: Can we jump up to number 12, since the others are staff items?
Vice Mayor Regalado: Number 12.
Ms. Slazyk: Correct. PZ-12 is an appeal from a variance which failed at the Zoning Board,
because the motion to approve did not... It was a short board, and it was a motion to approve,
which failed, and therefore constitutes a denial. The Department of Community Planning and
Revitalization is recommending the application as modified. At the Zoning Board hearing, the
applicant represented a modified plan. The original plan called... was requesting over 20-foot
height variance. It was modified down to four feet. The property has the hardship of being
located near the bridge, which affects its views and the views of the property from the water.
The original recommendation for denial of the 20... I think it was 24, 25-foot height variance was
extreme. There was a hardship issue, but to come in with a request of over 20-foot height
variance was not an appropriate or minimum variance for reasonable use of the property. The
modified designs, which is a height variance of about four feet, is more appropriate and in
keeping with the hardship issue. We, therefore, again recommend approval of the variance, as
modified, and therefore, approval of the appeal.
Vice Mayor Regalado: You will be speaking in favor.
Ms. Vicky Leiva: I'm the appellant. I...
Vice Mayor Regalado: OK. You have to be sworn in. Mr. City Clerk.
Commissioner Hernandez: She's an attorney.
Vice Mayor Regalado: OK.
Ms. Leiva: Should we have my witnesses sworn in, also?
Vice Mayor Regalado: Absolutely, yes.
Mr. Jack Luft (Director, CPR Dept.): Mr. Vice Mayor, could I have a brief announcement? We
have a gray Mercedes in the parking lot with its lights on, four -door, tag H931C. They're going i
to have trouble moving it if they don't get out there soon.
241 December 12, 1996 t'
Commissioner Plummer: It's too big to push.
Mr. Walter Foeman (City Clerk): Everyone raise their right hand.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Ms. Leiva: Good evening. My name is Vicky Leiva, with offices at 701 Brickell Avenue. And
I'm here tonight appealing a decision of the Zoning Board for a property located at 1840 South
Bayshore Lane. To give you a little bit of history on this application, the property owner and
applicant filed this application approximately December of last year. And it's a request for a
height variance. Mr. Tenzer brought this application before the Zoning Board, I believe, two or
three times, and there was a short board each and every time. Out of frustration, on the third or
fourth try, he gave me directions to proceed with the short board, because he wanted to get his
house built. We proceeded with the short board. There were five members present, and four of
the members voted to approve the height variance. One individual voted to deny. Because at
that time, your City ordinance required a minimum of five votes, positive votes, in order to get a
matter approved, the matter was denied. And it is from there that we bring to you this appeal.
Let me also bring to your attention that just a couple of months ago, this very board decided that
that ordinance was not longer appropriate, and changed it, so that if the ordinance you now have
in place would have been in place when this matter was presented to the Zoning Board, the four
votes in favor would have been sufficient to approve that variance, and we would not be here
tonight. During that hearing before the Zoning Board, we came before the Zoning Board with
the drawings you see here. Basically, the height variance dealt with the issue of... that we were
slightly over, for the entire roof, over what Code allowed, plus that we had a tower or a cupola
that went approximately 28 feet over and above what the Code permitted. After hearing the
comments of the neighbors and of the staff, we agreed to do away with this cupola so that what
you have before you tonight is this revised version which did away with the tower, and is overall
only four feet over... four and a half feet over what the Code allows Mr. Tenzer to build on this
site. You have heard that a variance requires a hardship. And this house, because of its location,
has certain hardships. The locations are... The location of this house is on South Bayshore
Lane. It is directly off the main road that goes into Grove Isle. It is the second lot in from Grove
Isle Boulevard. The traffic on that bridge... And I have been on the house that is in Lot Number
1. When the delivery trucks go into Grove Isle, you can feel the shaking inside the house that is
caused by the traffic. The curvature coming out of Grove Isle at night shines the car lights
directly into this property. So there are some very definite hardships that are unique to this
particular piece of property. There is also another Code requirement that impacts this property,
and that is the flood level that has to be met by any property that is being built in this area.
There has been floor level criteria for a number of years, but after Hurricane Andrew, this area
went to an even higher flood elevation. So if you are looking at our drawing, which appears to
be a three-story house, it is not. It is a two-story house built over the required ground floor that
has to be left free of any living spaces, as required by the flood criteria. The variance that we're
asking for tonight, as I previously stated, is basically for four and a half feet over and above what
is permitted by Code. And I will bring your attention to this map that we have prepared for you,
which shows the property... properties from Fair Isle Street, which is Grove Isle Boulevard,
entrance to Grove Isle, and it goes to Rockerman Road. Every property that you see highlighted
in orange has received variances from this Commission. In particular, this long strip of orange
that you see here, which is the Bayshore Villages, the Lazarus community that was built
approximately four or five years ago, you granted 32 variances to that property, to take it exactly
to the same height that my client is requesting. And I would put into the record copies of the
City's granting of those 30-odd variances. In every other regard, this property meets City Code.
You may hear that it's on a 50-foot lot, that it's a legal size lot in the City of Miami. You may
242 December 12, 1996
hear, perhaps, that individuals think it's too close. Five-foot side setbacks are what Code
requires. I repeat, we meet every other requirement of the City of Miami Code, but for four and
a half feet of height. I would also like to bring to your attention at this time another map that we
have prepared for you. And again, this is the same area from Rockerman Road to Fair Isle. The
property owner went with the plans for the house and visited 35 of his neighbors. Every house
that you see highlighted in blue... And by the way, this yellow strip is the property... the subject
property of this application. Every house along that block and across the street. Therefore, the
houses that could be directly impacted by this house being built either by the casting of shading
from the sun, or having to look at it every morning when you get up and leave your house, each
and every one of those neighbors is in support of this application. And I will submit to you, and
for the record, the signed petitions from those 35 neighbors that are in support of this application.
Mr. Joel Maxwell (Deputy City Attorney): Excuse me. Ms. Leiva, do you have a copy for
opponents?
Ms. Leiva: There's extra copies in that package.
Mr. Maxwell: A copy to the Clerk, as well, please.
Ms. Leiva: He has it already.
Mr. Maxwell: All right.
Ms. Leiva: And let me also advise you that the objector to this property lives in this red spot
over here. As you can see, Fair Isle Drive, the main entrance to Grove Isle, is between the
property, subject property of this application, and the house is not even visible from the house of
the objector. I have with me tonight two individuals who are directly abutting and adjacent to
that property who would like to address you. I would call Ms. Sibylle Thoma and Mr. Said, and
Mr. Gifford also.
Vice Mayor Regalado: Ms. Leiva... We will ask you to be brief, because we still have a lot to
do.
Ms. Sibylle Thoma: My name is Sibylle Thoma. I'm living in 1872 South Bayshore Lane. I'm
a neighbor of Mr. Tenzer. I know you are already tired as we are, so I'll make it short. I would
appreciate if you relieve Mr. Tenzer from this tension tonight and give him his approval. Thank
you.
Vice Mayor Regalado: OK.
Mr. Said Almukhta:. My name is Said Almukhta. I live in the neighborhood at 1765 Fairhaven.
I'm an architect myself, and I think it's a beautiful building. And I've heard of the gentleman
! that designed the house. They are known for their sensitivity to the neighborhoods, their use of
materials, and I strongly recommend that you approve this house.
Vice Mayor Regalado: Thank you. You, sir.
Mr. Gifford Tabor: Gifford Tabor, 3520 Crystal Court. I'm somewhat of a neighborhood
advocate involved in crime prevention, as well as cleanup and so forth. I know most every
neighbor in the neighborhood, and I can assure you, if Mr. Tenzer had more time, he could have
secured every signature in the neighborhood. I've discussed the project with everyone, and have
not heard an opposing opinion by anyone except for one group that is outside of the area entirely.
Vice Mayor Regalado: Thank you, sir. Sir.
243 December 12, 1996
0
Mr. Samuel Blum: Good afternoon, Commissioners. My name is Samuel...
Ms. Leiva: Excuse me. If I may have a few minutes for a rebuttal?
Vice Mayor Regalado: Yes. You will have two minutes.
Ms. Leiva: Thank you.
Mr. Blum: Hello, Commissioners. My name is Samuel Blum. My office is at 2666 Tigertail
Avenue, Number 106, Coconut Grove. I represent Derrick and Maryann Daniels. They're
property owners at 1801 and 1815 South Bayshore Lane. They live probably within about 400
feet of the site. I also represent Steve and Webber, who live at 1725 South
Bayshore Lane. They probably live within 300 feet of the site. This has been going on about
four or five times already. Originally, the... many of the neighbors in the neighborhood were
present, and were against it. By attrition and because of all the meetings, a lot of people have
been sort of worn down. It's a lazy, cute little neighborhood. I don't think we can equate it to
Bayshore Villas, which is a uniform neighborhood for which this Commission perhaps did agree
to give them variances for height. The law requires that the hardship be unique and exceptional.
There is nothing unique and exceptional about this hardship. If one looks at the lot, one will see
that it has a beautiful site of the bay. It may not have as good a site to the north, but the site to
the south is fine. They want to take four and a half feet. Four and a half feet means an increase
of probably 15 to 20 percent of what they're allowed to build. Now, this is really urgent for this
neighborhood, and I'd like to give all you Commissioners a printout from the Wall Street
Journal, talking about huge houses squeezed into tight spaces. My clients, who are passionately
and adamantly opposed to this development of this property, in excess of the legal limit, are
doing so for several reasons. Many of the houses in this neighborhood were destroyed by the
hurricane. And by allowing people to build these huge mansions on little lots, you're going to
create a precedent in this neighborhood that should really not be allowed. We are not asking the
Commission to not allow them to do what they're legally able to do. We're only asking the
Commission to say that there really is no hardship that they've presented, and therefore, they
would not have a right to a variance. There are a few other homeowners here who I believe
would like to speak.
Vice Mayor Regalado: Name, sir?
Mr. Leonard Caplan: My name is Leonard Caplan. I live at 1814 South Bayshore Lane. I feel
that by allowing an additional four feet seems rather insignificant. But the question becomes,
what will happen in the future? The gentleman created part of this problem, I think, in the fact
that he had a lot that had a single-family, single home on it, and chose to divide this lot, which is
now two lots, sell off one lot and live in the other lot. By doing so, I think he created part of his
own problem. If the house were left as a single-family lot earlier, this would have not happened,
because the situation would probably have been unacceptable. I think that was creating a tower
in an area that doesn't require it. I live approximately, I'd say, 400 feet from the house. I live on
the water. I face the same bridge he faces, and I see it every day of my life. It's not
objectionable. And the noise factors they created in those... at least stipulated were not
something that was created by the... or the height will change that problem. The variation that
he's asking for simply is an architectural aberration. I think the need for that four feet simply is
not there, and I object. My wife is here with me, Marilyn, and she also places the objection.
Thank you.
Mr. Dennis Leaton: My name is Dennis Leaton. I live at 1828 South Bayshore Lane, and I'm
due east of Mr. Tanzer's subdivision. I think he has me blocked in blue, and obviously, I did not
vote for his subdivision. The hardship case that I see is... is just not there. The idea here is just
244 December 12, 1996
rl,
architectural change and design. And if you create... I live 20 feet from the bridge. I'm the
closest neighbor. I am the only neighbor on the bridge, other than the property that he's trying to
sell next door to him. So I'm assuming if you let him do what he wants to do, the people... the
lot that he's selling off will obviously want a variance, as well. Anybody close to the bridge will
want a variance because of that same hardship. I'm against it. Thank you.
Mr. Blum: Just in summation, I just would like the Commission to know that this property is
going to go up in excess of 45 feet, when you figure out the flood zone. So even though the
Commission or the Planning Board here can consider the flood zone as part of the elevation of
the house for purposes of what you can build, I think the Commission can consider to give a
variance, will allow a higher, much higher structure, again squeezing a huge house into a tight
I space. So again, we'd ask the Commission to uphold the lower board, and to deny their
application for their variance. Thank you.
Vice Mayor Regalado: OK. Ms. Leiva, you've got two minutes to rebut.
I
Ms. Leiva: Yes. And I'll try to be brief. First of all, I'd like to remind you that when originally
the application came, the height variance was for approximately 28 feet. We have compromised,
and we have brought this down to four and a half feet. Number two, determinations of hardship
require expert testimony. And the law requires and tells you that only your staff can give you
expert opinions as to what constitutes a hardship. Your staff, by supporting this application and
making a finding of hardship, has basically told you that there is hardship. Number three, it is
interesting that one of the objectors complains about height when he, himself, and I will submit it
into the record, is selling his property as a three-story house. Ours is a two-story house.
Basically, 32 plus or actually more than 32 variances have been granted in the area. Variances
exist based on hardship so that individuals can develop their land to the best use. And to deprive
my client of the variance he's requested would be to treat him differently than those other
property owners in the area who have received the treatment of having been granted a variance.
lFor these reasons, we would urge you to approve our appeal. Thank you.
Vice Mayor Regalado: Thank you.
Mr. Maxwell: Mr. Vice Mayor.
Vice Mayor Regalado: Yes.
Mr. Maxwell: I'm afraid that I must advise the Commission that one of the comments that were
just made wasn't quite correct. In determining whether or not there's a hardship, you're to base
that decision on competent and substantial evidence in the record, and it doesn't matter whether
it comes from staff, or comes from experts tendered by either side. That could be the appellant
or the appellee. So it doesn't matter, as long as there is competent and substantial evidence on
the record, regardless of its source, as long as it's before you.
Vice Mayor Regalado: All right.
Ms. Leiva: If I may. There's a case called Sports Acre that was just decided this week by the
Third District Court Appeal, which specifically says that neighbors can testify as to facts that are
known to them, but not opinions that require professional expertise. I can make that available.
Mr. Maxwell: All right. I don't disagree with that at all. But that's not what Ms. Leiva said
earlier. We won't...
Vice Mayor Regalado: OK. OK. Point taken. What is the Administration's position on this
issue, please?
245 December 12, 1996
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9
Ms. Slazyk: The Department of Community Planning and Revitalization is recommending
approval of the appeal, and therefore reversing the Zoning Board.
Vice Mayor Regalado: OK. Do we have a motion?
Commissioner Gort: Let me ask a question.
Vice Mayor Regalado: Sure.
Commissioner Gort: The Zoning Board, from what I read on the record, four voted for it, and
only one against it.
Ms. Slazyk: Yes.
Commissioner Gort: But because of the rules, it seems like a denial.
Ms. Slazyk: As Ms. Leiva...
Commissioner Gort: But in reality, four of the members voted for it.
Ms. Slazyk: Yes.
Commissioner Gort: Now, the proposed variance that you have here,
according to your record, they comply with most... all of the matters you have here. Am I
correct?
Ms. Slazyk: Yes, that's correct. The only reason that the second one is marked not applicable is
because that language is actually a reverse of what's in the Zoning Ordinance. It says the special
conditions and circumstances are a direct result from the actions of the petitioner. And that
really should state that they are not a direct result. And that's why we... that one is marked not
applicable. But, yes, it meets the hardship, and we recommend, again, approval of the appeal.
Vice Mayor Regalado: OK. Is there a motion?
Commissioner Gort: Well, I'll tell you the truth. I look at these architectural drawings, and I
think he's got a beautiful house, and for four feet, I don't have any problem with it. I move for
approval of the appeal.
Vice Mayor Regalado: OK. Second? There's a motion by Commissioner Gort. Second by
Commissioner Hernandez. All in favor, say "aye."
The Commission (Collectively): Aye.
246 December 12, 1996
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 96-933
A RESOLUTION REVERSING THE DECISION OF THE ZONING BOARD AND
GRANTING THE VARIANCE FROM THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, 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), PER PLANS ON FILE, FOR THE PROPERTY LOCATED
AT 1840 SOUTH BAYSHORE LANE, MIAMI, FLORIDA, ZONED R-1 SINGLE
FAMILY RESIDENTIAL.
(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 J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
Mayor Joe Carollo
Ms. Leiva: Thank you.
Mr. Blum: Thank you for your consideration, Commissioner.
Vice Mayor Regalado: You're welcome.
----------------------------------------------------------------------------------------------------------------
81. CONTINUE CONSIDERATION OF PROPOSED AMENDMENT TO ZONING
ORDINANCE BY AMENDING ARTICLE 6, SECTION 617, SD-17 SOUTH
BAYSHORE DRIVE OVERLAY DISTRICT -- TO PROVIDE FOR
DEVELOPMENT BONUSES, AS INTENDED BY THE DISTRICT -- FOR
PORTION BOUNDED BY MCFARLANE ROAD, SOUTH BAYSHORE
DRIVE, MARY STREET AND PORTIONS OF GRAND AVENUE --
APPLICANT : COMMUNITY PLANNING & REVITALIZATION --
LOCATION: SD-17 S BAYSHORE DRIVE OVERLAY DISTRICT -- SEE
LABEL 74.
----------------------------------- •-----------------------------------------------------------------------------
Vice Mayor Regalado: Well, on PZ-11...
Commissioner Gort: Six is noncontroversial
Vice Mayor Regalado: I'm sorry. On PZ-11, your side, Mr. Cardenas, wanted to defer that; is
that correct? And...
247 December 12, 1996
r
Mr. Al Cardenas: Excuse me. Yes. For the record, my name is Al Cardenas, 201 South
Biscayne Boulevard. We don't mind if you want to hear the item this evening. We just said that
professionally, we need a half hour to present our item. It's a complicated item, involves land
use, planning decisions. We have exhibits, we have expert testimony, and we don't want to be
deprived of our right to present the case properly.
Vice Mayor Regalado: Well...
Mr. Cardenas: If you want to do it this evening, we're fine. We're ready to go.
Vice Mayor Regalado: No, no. But, Mr. Cardenas, we've been here since nine o'clock.
Mr. Cardenas: Yes, sir.
Vice Mayor Regalado: And this Commission has been under a lot of pressure.
Mr. Cardenas: Yes, sir.
Vice Mayor Regalado: And tomorrow, we have to read a lot of documents, and we have to be
back next week for who knows how many hours. I know that all the members of this
Commission have a lot of things to study. So it would be unfair... And we...
Commissioner Gort: We got to work, too.
Commissioner Plummer: Yeah.
Vice Mayor Regalado: We also have got to work. I mean, you know. I'm on the air right now,
but I have a recording on the air. Luckily, there is a Christmas party of my radio station, and
nobody in the management is listening. So I'm OK.
Commissioner Plummer: Try to conduct a funeral on a tape.
Vice Mayor Regalado: Yeah. But, you know, I think it will be unfair. It will be unfair to you,
and it will be unfair to us. We will want to be pressuring you and wanting to leave. And if... Do
you mind, Lucia, to have this at another time?
Ms. Lucia Dougherty: This is a legislative matter, and I would only suggest that you pass it on
first reading, and we can have this full hearing on second reading.
Commissioner Plummer: I move it on first reading.
Mr. Cardenas: Well, we... Whether it's a legislative item or not, we'd like to have our chance to
give you a full presentation.
Vice Mayor Regalado: Absolutely.
Mr. Cardenas: And we...
Commissioner Plummer: Al, can't you do that at the second hearing?
Mr. Cardenas: Well, we'd rather do it at the first reading.
Commissioner Plummer: Aw.
248
December 12, 1996
a
0
Mr. Cardenas: Sure. We don't... You know, psychologically, I feel impacted and overwhelmed
when I'm going against something like that on second reading.
Vice Mayor Regalado: OK.
Mr. Cardenas: You know, I'd like to...
Vice Mayor Regalado: OK. Can...
Commissioner Plummer: I withdraw my motion.
Vice Mayor Regalado: Well, what is the next time that we can hear this?
Ms. Dougherty: Can I also ask... Maybe you'd like to continue this until your... after your
hearings that you're having on Thursday. Would that...
Vice Mayor Regalado: I don't mind to do that.
Commissioner Gort: Let's move it to the 19th.
Commissioner Plummer: Can you advertise...
Commissioner Hernandez: That's fine.
Vice Mayor Regalado: Let's move it to the 19th. Are you prepared for the 19th?
Mr. Cardenas: Sure.
Vice Mayor Regalado: You're sure. OK. Good. Thank you very much, Commissioner.
Mr. Jack Luft (Director, CPR Dept.): No, the 9th.
Vice Mayor Regalado: I'm sorry?
Commissioner Plummer: Can they do it on the 19th?
Unidentified Speaker: 19th of what?
Ms. Dougherty: It's the 9th.
Mr. Luft: You're doing a meeting on the 19th then?
Vice Mayor Regalado: Yes.
Mr. Luft: Oh, I see. OK.
A. Quinn Jones,111, Esq. (City Attorney): They're doing a work shop.
Commissioner Plummer: My understanding, it was a meeting.
Commissioner Gort: It's a meeting.
Ms. Dougherty: This coming Thursday.
249 December 12, 1996
�i
Vice Mayor Regalado: It is a meeting. It's not a workshop. It is a meeting.
Mr. Jones: You could do it this Thursday, then.
Commissioner Plummer: Yeah.
Vice Mayor Regalado: Yes. OK. So what else do we have?
Ms. Dougherty: Thank you very much.
Vice Mayor Regalado: The 19th.
Mr. Joel Maxwell (Deputy City Attorney): You need a motion specifically...
Commissioner Plummer: A week from today.
Vice Mayor Regalado: We got the Farmer's Market, the second reading, I think.
Commissioner Gort: Never heard of that one. What's that? The Farmer's who?
Vice Mayor Regalado: OK.
Commissioner Gort: We have some second readings that shouldn't be that hard.
Vice Mayor Regalado: OK. We have also the Administration issues that...
Mr. Maxwell: Mr. Vice Mayor.
Vice Mayor Regalado: Yes.
Mr. Maxwell: You need to specifically defer this item, continue this item to December..
Which meeting is this, now?
Vice Mayor Regalado: December 19th.
Commissioner Gort: Continue this item.
Mr. Maxwell: December 19th.
Commissioner Gort: Continue this item to December 19th, after the regular agenda.
Commissioner Plummer: So be it.
Vice Mayor Regalado: December 19th, after the regular agenda.
Mr. Maxwell: Do you have a time?
Commissioner Plummer: Do you have a time certain?
Commissioner Gort: Time certain, right after the regular agenda.
Mr. Maxwell: OK. I don't know if this meeting is at nine a.m. or two in the afternoon or what.
250 December 12, 1996
P
Commissioner Plummer: No, it starts at ten.
Vice Mayor Regalado: Ten, ten a.m.
Mr. Maxwell: OK.
Vice Mayor Regalado: It starts at ten a.m.
Mr. Maxwell: Immediately at the conclusion of...
Vice Mayor Regalado: At the conclusion of the regular agenda.
Mr. Maxwell: OK.
Vice Mayor Regalado: So what else?
Ms. Teresita Fernandez (Chief, Hearing Boards:) Do you want to move it to a time certain at
two p.m.?
Mr. Maxwell: No.
Commissioner Plummer: No.
Vice Mayor Regalado: No, we cannot, no. At the end of the regular agenda.
Commissioner Gort: We just stated at the end of the regular meeting.
Ms. Fernandez: OK.
Mr. Walter Foeman (City Clerk): Can I get a movant and a seconder? I need somebody to move
that, and a seconder, also.
Vice Mayor Regalado: OK.
Commissioner Gort: I moved it. He seconds.
Commissioner Plummer: I did.
Vice Mayor Regalado: So everybody in favor, say "aye."
The Commission (Collectively): Aye.
Vice Mayor Regalado: OK.
Ms. Dougherty: Thank you very much.
251 December 12, 1996
r
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 96-934
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-11
(PROPOSED FIRST READING ORDINANCE TO AMEND THE ZONING
ORDINANCE IN ORDER TO PROVIDE FOR DEVELOPMENT BONUSES FOR
THE PORTION OF THE DISTRICT BOUNDED BY McFARLANE ROAD, SOUTH
BAYSI-IORE DRIVE, MARY STREET AND PORTIONS OF GRAND AVENUE) TO
THE SPECIAL WORKSHOP OF DECEMBER 19, 1996 AT THE CONCLUSION OF
THE WORKSHOP SESSION.
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS:
ABSENT:
None.
Mayor Joe Carollo
----------------------------------------------------------------------------------------------------------------
82. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000
BY AMENDING ARTICLE 6, SECTION 620, SD-20 EDGEWATER
OVERLAY DISTRICT -- TO ADD GROUND FLOOR OFFICE USES AS
CONDITIONAL PRINCIPAL USE OF HIGH DENSITY RESIDENTIAL
PROJECTS BY CLASS II SPECIAL PERMIT AND TO PROVIDE FOR NEW
PARKING REQUIREMENTS FOR SAID USES -- APPLICANT:
COMMUNITY PLANNING & REVITALIZATION -- LOCATION: SD-20
EDGEWATER OVERLAY DISTRICT.
Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): OK. Yeah, the other one I think someone is
here for is PZ-6. This is a second reading ordinance for the offices in SD-20. I just have one
clarification. That in the list of prohibited uses, that it include the laboratories. We specified all
the medical and dental clinics and offices, and we just forgot the word, "laboratories." I just
want to clarify that. And everybody is in agreement.
Commissioner Plummer: Are there any objectors? Then I move item 6.
Commissioner Hernandez: Second.
Vice Mayor Regalado: OK. There's a motion by Commissioner Plummer. Second by
Commissioner Hernandez. All in favor, say "aye."
The Commission (Collectively): Aye.
Mr. Walter Foeman (City Clerk): It's an ordinance.
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December 12, 1996
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Mr. Joel Maxwell (Deputy City Attorney): It's an ordinance, sir.
Vice Mayor Regalado: Oh. I'm sorry. OK.
Mr. Maxwell: That's as amended.
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 II 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.
passed on its first reading, by title, at the meeting of November 21, 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 J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11430.
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.
253 December 12, 1996
1i
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83. CONTINUE CONSIDERATION OF FOLLOWING AGENDA ITEMS:
(PROPOSED ORDINANCE TO CLARIFY APPEAL PROCEDURES
PERTAINING TO DEADLINE FOR PAYMENT OF APPEAL FEE.) PZ-8-
.(PROPOSED ORDINANCE TO AMEND CODE CONCERNING UNITY OF
TITLE TO CLARIFY / CORRECT RELEASE PROCEDURES PROVISIONS.)
PZ-9. (PROPOSED ORDINANCE TO AMEND CODE CONCERNING
ALCOHOLIC BEVERAGES IN CONNECTION WITH DISTANCE
REQUIREMENTS WITHIN SD-8 DESIGN PLAZA COMMERCIAL -
RESIDENTIAL DISTRICT.) PZ-10. (PROPOSED ORDINANCE TO ALLOW
UNIMPROVED / PARTIALLY IMPROVED LOTS IN CITY TO BE USED
FOR ACCESSORY PARKING PURPOSES -- TO CODIFY APPLICABLE
STANDARDS TO REGULATE LOCATION / MODE OF OPERATION /
PROVIDING FOR INTERIM PARKING.)
Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): OK. Then PZ-7 through 10 are the other
department items. If you want to continue them to January 23rd, that would be tine.
Commissioner Plummer: So move.
Vice Mayor Regalado: Yes.
Commissioner Hernandez: Second.
Vice Mayor Regalado: There is a motion by Commissioner Plummer. Second by Commissioner
Hernandez. All in favor, say "aye."
The Commission (Collectively): Aye.
254
December 12, 1996
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The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO. 96-935
A MOTION TO CONTINUE CONSIDERATION OF THE FOLLOWING AGENDA
ITEMS TO THE JANUARY 23, 1997 COMMISSION MEETING:
PZ-7 (PROPOSED ORDINANCE TO CLARIFY APPEAL PROCEDURES
PERTAINING TO THE DEADLINE FOR PAYMENT OF THE APPEAL FEE);
PZ-8 (PROPOSED ORDINANCE TO AMEND CODE CONCERNING "UNITY OF
TITLE" TO CLARIFY AND CORRECT PROVISIONS PERTAINING TO RELEASE
PROCEDURES);
PZ-9 (PROPOSED ORDINANCE TO AMEND CODE CONCERNING "ALCOHOLIC
BEVERAGES" IN CONNECTION WITH THE DISTANCE REQUIREMENTS
WITHIN THE SD-1 DESIGN PLAZA COMMERCIAL -RESIDENTIAL DISTRICT);
AND
PZ-10 (PROPOSED ORDINANCE TO ALLOW UNIMPROVED AND PARTIALLY
IMPROVED LOTS IN THE CITY TO BE UTILIZED CONDITIONALLY FOR
ACCESSORY PARKING PURPOSES AND TO CODIFY APPLICABLE
STANDARDS TO REGULATE THEIR LOCATION AND MODE OF OPERATION;
AND PROVIDING FOR INTERIM PARKING).
Upon being seconded by Commissioner Hernandez, the motion was passed and adopted
by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
NAYS:
ABSENT:
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
None.
Mayor Joe Carollo
255
December 12, 1996
1i
---------------------------------------------------------------------------------------------------------------
84. (A) DISCUSSION OF PROPOSED AMENDMENT TO FUTURE LAND
USE MAP OF COMPREHENSIVE NEIGHBORHOOD PLAN BY
CHANGING LAND USE DESIGNATION OF PROPERTY LOCATED
AT APPROXIMATELY 3240 FLORIDA AVENUE, FROM "SINGLE
FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL".
(B) SECOND READING ORDINANCE : CHANGE OF ZONING AS
LISTED IN ORDINANCE NO. 11000, ARTICLE 4, SECTION 401,
SCHEDULE OF DISTRICT REGULATIONS, FROM 4-1 SINGLE-
FAMILY RESIDENTIAL SD-2 COCONUT GROVE CENTRAL
COMMERCIAL DISTRICT.-- CHANGE ZONING ATLAS --
APPLICANT: THOMAS G. SHERMAN, ESQ. FOR FARMER'S
MARKET AT COCONUT GROVE.
Ms. Lourdes Slazyk (Deputy Director, CPR Dept.): All right. Are we doing the Farmer's
Market?
Commissioner Plummer: That's the only thing left, right?
Ms. Slazyk: OK. That's it.
Vice Mayor Regalado: OK.
Ms. Slazyk: All right. PZ-13 and 14 are second reading for a zoning atlas and comp. plan
amendment. I believe that the comp. plan amendment, we are going to ask to be deferred until
it's sent to DCA (Florida Department of Community Affairs) for review. This is a large-scale
amendment. And the zoning atlas amendment can proceed tonight with a clause that it be
subject to the comp. plan amendment being approved on second reading, after it returns from
DCA. The submittal is going to be sent probably either tomorrow or first thing Monday. It's
just about ready to go to DCA. They've got 90 days, and then we bring it back for second
reading.
Commissioner Plummer: Well, I mean, this thing has already been passed on first reading. I
thought we resolved all of the differences that existed. Now, are you back again to say we
haven't? I mean, I... I don't know why we need to go into this and rehash it all out again unless
there's something different than when we passed it on first reading.
Ms. Lucia Dougherty: There's nothing different. I just have a... I have a covenant to explain to
you.
Commissioner Plummer: Well, he's standing, so let's...
Mr. John Shubin: For the record, and maybe I can short-circuit this.
Commissioner Plummer: Well, all of you have got to be sworn in first.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. Joel Maxwell (Deputy City Attorney): Identify yourself, John.
256
December 12, 1996
�i
Mr. Shubin: Would you like me to proceed first or...
Commissioner Plummer: I ,just hope we're not going to rehash this whole thing out again.
Mr. Shubin: I am not going to rehash it, but one thing I want to make clear is, if you listen to
your counsel, they're telling you that you can only pass the zoning subject to the future approval
j of the comp. plan. My position is, why don't we defer it, and wrap it all up to a second reading
for both of them once this comes back from DCA? Because the zoning will not be operative
until the planning is in place.
Vice Mayor Regalado: Wait a minute.
Commissioner Plummer: What does that accomplish?
Mr. Shubin: I do have a...
j Vice Mayor Regalado: Mr. City Attorney, I'm sorry. I'm sorry. Commissioner Plummer was
saying anything different from the first reading that we passed?
Mr. Shubin: No. I wanted to reincorporate all of my arguments.
i
Vice Mayor Regalado: OK.
j Mr. Shubin: I also wanted to...
Vice Mayor Regalado: You did that the other day.
Mr. Shubin: And Mrs. Dinkins wanted me to read a letter into the record.
Commissioner Plummer: Fine.
Vice Mayor Regalado: But are we going to have the same people...
Mr. Shubin: It's going to take two minutes. I just want to refresh...
Vice Mayor Regalado: Two minutes.
Mr. Shubin: Are you telling me, then, that you all are going to vote the same way, regardless of
what I argue?
Vice Mayor Regalado: No, we're not. But if...
i Commissioner Gort: We didn't say that. You said it.
Vice Mayor Regalado: You were asked if there's anything new. You say the letter is new.
Mr. Shubin: The letter is new, and I have a legal argument that is... that is based on what
happened at the first reading. 1 can make the legal argument in 30 seconds.
Vice Mayor Regalado: OK. Go ahead.
Mr. Shubin: For the record, my name is John Shubin. I'm an attorney with offices at 46
j Southwest 1st Street, City of Miami. I'd like to reincorporate all of the arguments that were
257 December 12, 1996
r
presented on behalf of Grady Dinkins, who presides at 3201 Florida Avenue, and bring them
forward into this record. Additionally, I'd like to argue that what occurred at the first reading
was a classic example of contract zoning. I'm not going to elaborate upon that. If you want to
know what it is, you can ask your counsel. It's our position, though, that essentially, you've
contracted away your police power by essentially conditioning the zoning approval on certain
limitations. Now, as to those limitations, I think Commissioner Plummer did an excellent job
attempting to limit the scope. Quite frankly, Mrs. Dinkins thought that in the interim, we were
going to be able to get additional concessions from the developer. They have been unwilling, up
to this point, to provide us with additional concessions. What do we mean? Well, right now,
other than a limitation in the covenant on the playing of loud music, and the addition of the 35-
foot height requirement, the developers can still place on this site anything that is allowed in the
commercial district. We would like to try to seek a narrowing of the uses so that Mrs. Dinkins
has certainty. And if you will allow me to read this quickly, she promised me that I would read
it into the... made me promise her that I would read it into the record.
"Dear Mr. Mayor, and members of the Commission, I am writing about the
rezoning of the 3200 block of Florida Avenue. Over the years, developers have
tried to have this block rezoned for a parking lot and other related commercial
uses. Each time, the homeowners have opposed, because this type of zoning hurts
those of us who live here, because it lessens the value of our neighborhood. It
will destroy our R-1 single-family neighborhood. It will be a special
accommodation for business that will positively destroy living conditions in this
block. I am sure you know that the Planning Advisory Board and the Zoning
Board voted unanimously to oppose this project. The whole proposal is
distasteful, and will be very disruptive to the residents who live here. We have
been treated unfairly and disrespectful because we do not know what is in the
covenant. How do we know if they are planning to build a four-story parking
garage when they get the zoning? Caveat, 35-foot. I would appreciate having the
Commission to carefully rethink the zoning. I am asking that you rescind or
downgrade the unanimous vote you voted at the first hearing, and let the 3200
block on Florida Avenue stay R-1 single-family residential."
Commissioner Plummer: That's the longest 30 seconds I ever heard.
Mr. Shubin: I complete my presentation.
Vice Mayor Regalado: OK.
Commissioner Plummer: Well, we can only do what? Item 13 or 14?
Ms. Slazyk: The... 14 is the zoning atlas amendment. I would like a clarification on 14, though,
regarding the covenant. There were three issues when we were... when the Law Department was
reviewing the covenant that seemed unresolved, and I want clarification from the Commission,
because this just makes it harder for us later. First of all, the three residences that were agreed to
on Florida Avenue, the... I guess Commissioner Plummer talked about one facing McDonald,
one facing Margaret, and one Florida Avenue. That actually makes it more difficult for the
circulation. I think they should all face Florida Avenue, and I would request that clarification.
The second is ingress/egress. There were comments made at the first reading that you, I guess
Commissioner Plummer, were opposed to ingress and egress from the commercial side on
Margaret. I wanted to clarify if that was in... supposed to be in the covenant or not.
Commissioner Plummer: I was told, as I recall, that it was not necessary, because they have to
surrender a...
Ms. Slazyk: They have to get a class two special permit. So I didn't think it was necessary now,
because that's the time we'll review their full circulation. And the third thing was the height.
258 December 12, 1996
r
The applicant proffered a 35-foot height, 25 foot on the residential and 35 for the rest of the
property. At the hearing, she pointed to all of the property, all the way up to Grand. I wanted a
clarification as to whether the 35 was for their entire property up to grand, or just for the subject
property of the application.
Ms. Dougherty: We only intended it to be the subject property of the application.
Ms. Slazyk: All right. So the Grand frontage would remain at a 50-foot height, and 35 from...
Ms. Dougherty: As a transition, 25 to 35...
Ms. Slazyk: Thirty-five to 25. OK. That's the clarifications I wanted.
Vice Mayor Regalado: So can we vote... on which?
Ms. Dougherty: Just item number 14.
Mr. Maxwell: Yeah. Mr. Vice Mayor, what has occurred is this, and Mr. Shubin touched on it.
You cannot vote on item 13, because that's a comp. plan amendment. And after much soul-
searching, we've looked at this, and we've decided that this is a large-scale development that
must go to the Department of Community Affairs for review, prior to your action on second
reading. That would take about 90 days, as pointed out. Any zoning ordinance that you would
approve, if you approve this on second reading tonight, it would be specifically subject to any
further action you take on the comprehensive plan, the review of the Department of Community
Affairs, any inclusion in what they call the old report... the comments into that ordinance when it
j comes back to you, and whether you adopt it or not. If you don't adopt it, if you deny it when it
comes back to you, then this ordinance tonight, should you approve it, subject to, would become
a nullity at that point. The effective date of this ordinance could not be until such time as the
I subsequent comp. plan amendment was approved by this board, as well. Now, Mr. Shubin's
comments regarding contract zoning, I think it's necessary that I respond to that. That, of
course, is a question of fact. And since the... I think the case is Harnett (phonetic) v. Austin,
which was a Coral Gables case, the Gables contract zoning, the line between contract zoning and
conditional zoning has blurred significantly. So it's a question of fact now. And not having
been present at that particular zoning meeting, and not having reviewed the transcript, we are
unable to advise you on that now, and probably, it's for the applicant's attorney to do, anyway.
But you need to know that whatever you do tonight... If you choose to grant the zoning tonight,
to conditionally grant the zoning tonight, there are no vested rights that the applicant has in that
zoning until such time as you approve, if you approve the comp. plan amendment. I want the
record to be clear on that.
Vice Mayor Regalado: So if we vote on number 14, it doesn't matter, anyway, if...
Mr. Maxwell: Oh, I would say it matters. You would have to... Procedurally, you follow all the
steps.
Vice Mayor Regalado: I know.
Mr. Jones: You have to do that.
Vice Mayor Regalado: What... I'm sorry. Go ahead, Commissioner.
Commissioner Plummer: OK. Well, the way we usually do this is that the applicant understands
and agrees that they fully are in... aware that if, in fact, that were to happen, they have no vested
right.
259 December 12, 1996
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j Vice Mayor Regalado: OK. Is that understood?
Ms. Dougherty: We under...
Commissioner Plummer: And does the applicant understand and agree?
Ms. Dougherty: We do understand.
1 Vice Mayor Regalado: OK. Commissioner Hernandez.
i
Commissioner Hernandez: No vested right if what?
Commissioner Plummer: They have no vested rights, if, in fact, the comp. plan is denied.
Commissioner Hernandez: So I agree with Mr. Shubin's argument on... I don't see why we
don't take both of these items on at the same time, and put it in as one package.
Ms. Dougherty: Commissioner Hernandez, we would ask that you pass the zoning for one
reason only. We are in the process of right now marketing our retail space to national tenants,
such as Eckerd's. As you know, we have a letter of intent. It makes a difference... It makes a
difference to us to be able to say to them that they have... the City Commission has spoken at
least once on this item and has approved it. So it makes a difference to us, if we could get at
least the zoning. We understand that the comp. plan, it is subject to, and the effective date
doesn't come into compliance, doesn't come into effect until after the comprehensive plan is
approved.
Vice Mayor Regalado: OK. Why don't we go ahead and vote on 14. They understood what this
is all about. OK? Is there a motion?
Commissioner Plummer: I moved it before. I'll move it again.
Vice Mayor Regalado: OK. There's a motion by Commissioner Plummer.
Commissioner Gort: Second.
Vice Mayor Regalado: Second by Commissioner Gort.
Ms. Esther Mae Armbrister: May I say something, please?
Vice Mayor Regalado: Yes, you may. It's going to be 12 hours and a half.
Ms. Armbrister: Well, I have stayed up here till two o'clock.
Vice Mayor Regalado: That's OK. That's OK with us.
Ms. Armbrister: OK. Good afternoon, ladies and gentlemen, and the Mayor, and the other
Commissioners. I am so sick and tired. We are sick and tired of you trying to press upon us the
little bit of property we have for your convenience. And let me tell you something. This
problem we're having with you all has been in the process now since 1924. And every time we
think we've got something settled, you spring up again in a new spot. In 1920... You.
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD.)
260
December 12, 1996
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Ms. Armbrister: Well, you. Wait a minute. In 1924, we had everything cut and dry, we
thought. Then the City got rid of the architect. Then in 1936, you decided and the County
decided to remove all the blacks from Coconut Grove and send us down in the farmland, and
down by Peters and south... further down on the other side of South Miami and Goulds. This
was you had planned to do, and send the rest of them on the other side of what is now Opa
Locka. Now, you come back here again, and 30 or 50 years later, and you're trying the same
thing all over again. I do not know why you want to continue thinking and planning to get rid of
the black people in Coconut Grove, and taking all the excessive problems that they have, they
don't have but a little bit. You started off with 383 acres. Then you took 100 and left 283. Then
you came back and took another hundred. So now you've left us with 183 acres, black Grove.
Now, you come back, just because we have the vacant spot there, to take that up and use it for
your benefit. That's what you're planning to do. No blacks, no nothing. You're just...
Vice Mayor Regalado: I don't think that's fair.
Ms. Armbrister: Wait a minute. Just because you want something.
Vice Mayor Regalado: We don't want anything.
Ms. Armbrister: Yes, you do, too. And as far as I'm concerned, you need to get in black and
white, who is going to be... what companies or what associations or whatever...
Vice Mayor Regalado: You're not going to buy Eckerd's, right? I mean, you don't like
Eckerd's.
Ms. Armbrister: Eckerd's all right in its place.
Vice Mayor Regalado: So...
Ms. Armbrister: Any of them is all right. Wait a minute. What you need to do is get it in black
and white. This business about waiting until they decide what they're going to... you know what
you're going to build there or who's going to come in. That is baloney. Because I know you all.
I been knowing you for a long time. And you're going... You're not going to keep your word.
You need to put it in black and white, that's what you need to do, and stand by it. That's what
you need to do. But you don't do it. You don't do it.
Vice Mayor Regalado: OK. Well...
Ms. Armbrister: So I'm going to see what you're going to do this time around.
Vice Mayor Regalado: We're going to vote.
Ms. Armbrister: Are you going to move us out?
Vice Mayor Regalado: Who's talking about moving you out?
Commissioner Gort: Mr. Vice Mayor.
Ms. Armbrister: I'm talking about the people in Coconut Grove who you have continued to push
back and back and take what you want.
Commissioner Gort: Ma'am, my understanding, that property has been empty for 27 years.
Ms. Armbrister: Well, what's wrong with it being empty? You got a lot of empty parcels...
261 December 12, 1996
e
Vice Mayor Regalado: Well, I mean, what's wrong with progress? What's wrong with...
Ms. Armbrister: We don't need that kind of progress in Coconut Grove.
Vice Mayor Regalado: What's wrong with jobs? What's wrong with people...
Ms. Armbrister: All right. You put it down on U.S. 1. You put it down on Ingraham Highway,
all that space you got down there. Put it on Ingraham Highway.
Vice Mayor Regalado: What is wrong... What is wrong with job?
Ms. Armbrister: What is right with... We need open spaces.
Vice Mayor Regalado: Don't say that.
Ms. Armbrister: The heck with that, empty spaces.
Vice Mayor Regalado: What do you mean, what is wrong with empty lots?
Ms. Armbrister: What's wrong with... We need something beautiful besides just... build, build,
build.
Vice Mayor Regalado: I mean, you had a mountain there or if you have an oak tree...
Ms. Armbrister: Well, let it stay vacant. It's nice to see some vacant spaces in Coconut Grove.
You got vacant spaces in Coconut Grove where you all live on the other side. You've got all the
water, you got everything. You got all the property.
Vice Mayor Regalado: You know where I live?
Ms. Armbrister: I don't know where you live. It doesn't bother me, but I know the position
you're in. I know the position you have.
Vice Mayor Regalado: OK. OK. We're going to vote.
Ms. Armbrister: All right. Are you going to bring it back in black and white, what they're going
to put in there, and how long they're going... The only thing they are interested in, really, is
changing zones. They will not put it in black and white what they're going to put there.
Vice Mayor Regalado: Listen, listen.
Ms. Armbrister: Yes.
Vice Mayor Regalado: You can have plenty of time to...
Ms. Armbrister: I don't have that much time. I'm 80 years already. I've got about 15 more
years.
Vice Mayor Regalado: I mean, you've been there since '29. You're going to be there until,
hopefully, next century.
Ms. Armbrister: Well, why do you think you got to put something...
262 December 12, 1996
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Vice Mayor Regalado: 2029.
Ms. Armbrister: Why do you think you got to put something there?
Vice Mayor Regalado: Well...
Ms. Armbrister: No open space at all. You got everything. You've taken everything.
Vice Mayor Regalado: You have the time. The Commission's will is to vote. And we're going
to vote... It doesn't mean that they're going to throw you out.
Ms. Armbrister: I know doggone well they're not going to do that unless they come by and
shoot me while I'm not looking.
Vice Mayor Regalado: Absolutely. I mean, we can realize that.
Ms. Armbrister: Really, this is pathetic. This really is pathetic. We cannot have any open
space.
Vice Mayor Regalado: You're going to have more time the next time...
Ms. Armbrister: What's wrong with open space? That's the only open space... My son right
now has his... doing a government job. And the reason he cannot come in Coconut Grove and
put it into use is because we don't have any space.
Vice Mayor Regalado: Well, thank you very much. Thank you.
Ms. Armbrister: So you're still going to do what they say do. Right? Righit.
Vice Mayor Regalado: No, we're going to vote. We have to vote. And we will vote. But it
doesn't mean... It doesn't mean that they're going to throw you out.
Ms. Armbrister: I know doggone well, I'm not going noplace.
Vice Mayor Regalado: Absolutely.
Ms. Armbrister: Uh-uh, no.
Vice Mayor Regalado: We'll be there to defend you. It's a motion by Commissioner Plummer,
second by Commissioner Gort. Oh, it's second reading so... Mr. City Clerk.
263 December 12, 1996
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An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS
OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE
ZONING CLASSIFICATION FROM 4-1 SINGLE-FAMILY RESIDENTIAL TO SD-2
COCONUT GROVE CENTRAL COMMERCIAL DISTRICT FOR THE PROPERTY
LOCATED AT 3240 FLORIDA AVENUE, MIAMI, FLORIDA; AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 46 OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of October 24, 1996, was taken up for
its second and final reading, by title, and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Gort, the ordinance was thereupon given its second
and final reading by title, and was passed and adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS:
None.
ABSENT: Mayor Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11431.
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 Gort: Move to adjourn.
----------------------------------------------------------------------------------------------------------------
85. APPOINT PARIS OBREGON TO ZONING BOARD.
------------------------- ------------------------------------------------------------------------ ---------------
Vice Mayor Regalado: Thank you very much. I'm sorry. I'm sorry.
Commissioner Hernandez: I have an appointment. I was told by Walter to do this.
Vice Mayor Regalado: Commissioner Hernandez has...
Commissioner Hernandez: One appointment. One appointment, I'm sorry. I spoke to the City
Clerk on this. Joel, I'm making an appointment to... my sole appointment to the Zoning Board.
Mr. Joel Maxwell (Deputy City Attorney): Yes, sir. Correct.
Commissioner Hernandez: OK? I just need to mention the name, right?
Mr. Maxwell: Right.
264 December 12,1996
Commissioner Hernandez: The name is Paris Obregon.
Commissioner Gort: Move it... second.
Ms. Teresita Fernandez (Chief, Hearing Boards:) For the Zoning Board?
Vice Mayor Regalado: There is a motion. There is a second by Commissioner Gort. All in
favor, say "aye."
The Commission (Collectively): Aye.
Commissioner Hernandez: Thank you.
The following resolution was introduced by Commissioner Hernandez, who moved its adoption:
RESOLUTION NO. 96-936
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A REGULAR
MEMBER OF THE ZONING BOARD 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 Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Commissioner Wifredo Gort
Commissioner Humberto Hernandez
Vice Mayor Tomas Regalado
NAYS: None.
ABSENT: Mayor Joe Carollo
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 9:22 P.M.
JOE CAROLLO
MAYOR
ATTEST:
Walter Foeman
CITY CLERK
Maria J. Argudin
ASSISTANT CITY CLERK
�F,
265
December 12, 1996