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HomeMy WebLinkAboutSEOPW OMNI CRA 1997-12-18 MinutesNOTE FOR THE RECORD: AT THIS POINT, 11:53 A.M., THE CITY COMMISSION SES CONSIDERATION OF THE REGULAR PORTION OF THE AGENDA TO CONSIDER ITEMS FROM THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI. NOTE FOR THE RECORD: THEREUPON, THE CITY ORITY OF SECTION 163,01, FLORIDA STATUTES, AND PART III, CHAPTER 163, FLORIDA STATUTES, CONSTITUTED ITSELF AS THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, IN ORDER TO DEAL WITH THE FOLLOWING ISSUES: ---------------------------------------------------------------------------------------------------------------- 71. DIRECT CITY MANAGER TO SUBMIT BEFORE DECEMBER 22, 1997 AMENDED APPLICATION TO US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)-- FOR FUNDING AVAILABILITY AND PROGRAM GUIDELINES FOR HOMEOWNERSHIP ZONES. ---------------------------------------------------------------------------------------------------------------- Board Member Hernandez: I would like to recess this regular Commission meeting for five minutes and convene a CRA (Community Redevelopment Agency). Chairman Teele. Board Member Teele: Thank you. The CRA board of the City of Miami for the Overtown/Park West Omni areas are called to order. Mr. Clerk, would you note the presence of the quorum in the persons of: Mr. Regalado, Commissioner Plummer, Commissioner Gort and Chairman Hernandez, please. Mr. Walter J. Foeman (City Clerk): Yes, Mr. Chairman. Board Member Teele: Can we get staff, Mr. Manager, could we get Mr. Minagorr.�4to come forward and just briefly outline what the grant request is, authorizing the Manager tosubmit the two point, whatever it is grant, please? r. Mr. Mickey Minagorri: Yes. Good morning, Mickey Minagorri. Basically, the grant is a two point two million dollar grant in the homeownership zone application. And, what we are asking is, basing this resolution drafted by the Legal Department, as to give the City Manager authorization to decide whether to move forward with the application, as is being amended right now. Board Member Teele: Do we have those resolution up here? Board Member Hernandez: They are right here. Board Member Teele: My staff passed out the two pocket items with the Manager's items. Where is the Manager's item? 235 December 18, 1997 Mr. Minagorri: I believe you all have copies. Board Member Plummer: Huh? Unidentified Speaker: They were passed out with the originals. Board Member Plummer: Hell of a way to run an airline. What? No, that's not what we were just handed. Board Member Teele: Well, those are pocket items, apparently just got ahead of themselves. This is a resolution authorizing the City Manager to submit an amended grant application for the homeownership zone subject to the concurrence of the Mayor and the Chair of the CRA, related to a deadline, drop dead date of this coming Monday. Board Member Hernandez: I move it. Board Member Teele: Moved by Chairman... Board Member Regalado: Second. Board Member Teele: ... Hernandez. Second by Commissioner Regalado. Discussion. All those in favor say "aye." The Members (Collectively): Aye. Board Member Teele: All those opposed, say "no." 236 December 18, 1997 The following resolution was introduced by Board Member Hernandez, who moved its adoption: SEOPW/CRA RESOLUTION NO. 97-10 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT AN AMENDED APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") IN RESPONSE TO NOTICE OF FUNDING AVAILABILITY ("NOFA") AND PROGRAM GUIDELINES FOR HOMEOWNERSHIP ZONES, TO BE SUBMITTED ON OR BEFORE DECEMBER 22, 1997, SUBJECT TO THE CONCURRENCE OF THE CHAIRMAN OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") AND THE MAYOR; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Regalado, the resolution was passed and adopted by the following vote: AYES: Board Member Wifredo Gort Board Member J.L. Plummer, Jr. Board Member Humberto Hernandez Board Member Tomas Regalado Board Member Arthur E. Teele, Jr. NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 72. AMEND SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PLAN -- INCORPORATE N.W.9TH STREET MALL, PHASES I AND II. ---------------------------------------------------------------------------------------------------------------- Board Member Teele: And, relating to the Ninth Street Mall is a resolution by Commissioner, please Regalado. Board Member Regalado: Regalado. Board Member Teele: Relating to, including the Ninth Street Mall which has already been built to move it into the plan. This is a technical requirement by the U.S. Department of Transportation. Board Member Gort: Second. Board Member Teele: Moved by Commissioner Regalado. Seconded by Commissioner Gort. All those in favor say "aye." The Members (Collectively): Aye. 237 December 18, 1997 Board Member Teele: Those opposed? The following motion was introduced by Board Member Regalado, who moved its adoption: SEOPW/CRA MOTION NO. 97-11 A MOTION AUTHORIZING THE CITY MANAGER TO AMEND THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PLAN ("PLAN") FOR THE PURPOSE OF INCORPORATING NORTHWEST 9TH STREET MALL, PHASES I AND II PROJECT ("PROJECT") INTO THE PLAN; FURTHER AUTHORIZING THE CITY MANAGER TO REQUEST FUNDING FOR THIS PROJECT THROUGH METROPOLITAN MIAMI-DADE COUNTY PLANNING ORGANIZATION. Upon being seconded by Board Member Gort, the motion was passed and adopted by the following vote: AYES: Board Member Wifredo Gort Board Member J.L. Plummer, Jr. Board Member Humberto Hernandez Board Member Tomas Regalado Board Member Arthur E. Teele, Jr. NAYS: None. ABSENT: None. ---------------------------------------------------------------------------------------------------------------- 73. EXPEND $15,000 FROM OVERTOWN NEIGHBORHOOD PARTNERSHIP (ONP) FUND -- FOR IMPLEMENTATION OF SEVEN DAY CULTURAL EMPOWERMENT PROGRAM -- FURTHER AUTHORIZE 50% REIMBURSEMENT TO CITY TO COVER CITY COSTS. Board Member Teele: And, the final one is a resolution that would allow for the utilization of non -government dollars from the Overtown Neighborhood Partnership which were private donations restricted for the promotion of Overtown during the period... Fifty percent of the money would be used to pay the City into the General Fund or the Special Accounts. Board Member Hernandez: Move. Board Member Regalado: Move it. Board Member Teele: Moved by Commissioner Regalado. Board Member Hernandez: Second. Board Member Teele: Seconded by Commissioner Hernandez. All those in favor say "aye." The Members (Collectively): Aye. 238 December 18, 1997 Board Member Teele: Those opposed held the same right. The following resolution was introduced by Board Member Regalado, who moved its adoption: SEOPW/CRA RESOLUTION NO. 97-12 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXPEND AN AMOUNT NOT TO EXCEED $15,000 FROM THE CITY'S OVERTOWN NEIGHBORHOOD PARTNERSHIP ("ONP") FUND FOR THE IMPLEMENTATION OF A SEVEN (&) DAY CULTURAL AND EMPOWERMENT PROGRAM, DESIGNED TO EMPOWER RESIDENTS IN BUILDING A STRONG BUSINESS AND RESIDENTIAL COMMUNITY; FURTHER AUTHORIZING FIFTY PERCENT (50%) OF THE EXPENDED AMOUNT TO BE REIMBURSED TO THE CITY OF MIAMI TO COVER ANY COST INCURRED FOR CITY SERVICES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Board Member Hernandez, the resolution was passed and adopted by the following vote: AYES: Board Member Wifredo Gort Board Member J.L. Plummer, Jr. Board Member Humberto Hernandez Board Member Tomas Regalado Board Member Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Board Member Teele: Are there any other matter to come before the CRA? Board Member Hernandez: Move to adjourn. Board Member Teele: So moved. All those in favor say "aye." The Commission (Collectively): Aye. Board Member Teele: Meeting adjourned. NOTE FOR THE RECORD: THEREUPON, THE CITY COMMISSION, IN ITS CAPACITY AS THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF MIAMI, ADJOURNED AT 11:56 A.M., CONSIDERATION OF THE HEREINABOVE ISSUES, IN ORDER TO RESUME CONSIDERATION OF REGULAR AGENDA ITEMS. 239 December 18, 1997 ---------------------------------------------------------------------------------------------------------------- 74. APPROVE COMMUNITY REDEVELOPMENT AGENCY BOARD ACTIONS FOR SOUTHEAST OVERTOWN / PARK WEST -- SEE LABELS 72, 73, 74. Chairman Hernandez: Going back to the regular Commission meeting... Commissioner Gort: Don't we have to approve in the Commission meeting? Chairman Hernandez: We need to, now move to, we need a motion to approve the minutes and what we have just approved, the CRA (Community Redevelopment Agency) board. Commissioner Teele: So moved, Mr. Chair. Chairman Hernandez: Moved by Commissioner Teele. Commissioner Gort: Second. Chairman Hernandez: Seconded by Commissioner Gort. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 97-918 A MOTION APPROVING MINUTES OF THE PREVIOUS ACTIONS TAKEN BY THE BOARD OF DIRECTORS OF THE COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR SOUTHEAST OVERTOWN/PARK WEST DISTRICT (INCLUDING AUTHORIZATION OF MANAGER'S SUBMITTAL AND APPLICATION TO H.U.D. FOR HOMEOWNERSHIP ZONES SUBJECT TO THE CONCURRENCE OF THE CHAIRMAN OF S.E.O.P.W. REDEVELOPMENT AGENCY AND THE MAYOR); AUTHORIZING THE CITY MANAGER TO HOMEOWNERSHIP ZONES SUBJECT TO THE CONCURRENCE OF THE CHAIRMAN OF S.E.O.P.W. Upon being seconded by Commissioner Gort, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. 240 December 18, 1997 ----------------------------------------------- ---------------------------------------------------------------- 75. APPOINT ARTHUR E. TEELE VICE CHAIRMAN OF CITY COMMISSION. Chairman Hernandez: There is one... Mr. A. Quinn Jones, III, Esq. (City Attorney): Mister Chair. Chairman Hernandez: Go ahead. Commissioner Gort: Mr. Chair, just a point of clarification. There was never a formal motion to make Commissioner Teele as Vice Chair. So, if you would do a motion on that and I can do that in a resolution. Commissioner Plummer: I thought that was a prerogative of the Mayor. Chairman Hernandez: The Mayor appointed him Vice Chairman. Commissioner Plummer: That's a prerogative of the Mayor. Commissioner Teele: If you yield to the Clerk, no. If you yield to the Clerk, Mr. Chairman. Chairman Hernandez: Mr. Foeman. Mr. Walter J. Foeman (City Clerk): No, I had requested of the City Attorney's office to go ahead and formalize that. Because, there is a Mayor... Commissioner Teele: It was already moved and seconded. Mr. Foeman: I am sorry. We never formalized, Commissioner Teele's appointment. Commissioner Plummer: Why do we need to? Chairman Hernandez: Is there a motion on the floor to appoint... Commissioner Regalado: Motion. Motion. Commissioner Plummer: I mean, I have no problem with it, but I... Commissioner Gort: Move it. Mr. Foeman: I think the Law Department should address that. Chairman Hernandez: Moved by Commissioner Regalado. Seconded by Commissioner Gort and Plummer. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? We have a new Vice Chairman. 241 December 18, 1997 The following resolution was introduced by Commissioner Regalado, who moved its adoption: i RESOLUTION NO. 97-919 ( A RESOLUTION RATIFYING, APPROVING AND CONFIRMING MAYOR XAVIER L. SUAREZ' APPOINTMENT OF COMMISSIONER ARTHUR E. TEELE, JR., AS VICE CHAIRMAN OF THE COMMISSION OF THE CITY OF MIAMI, FLORIDA. i (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) jUpon being seconded by Commissioner Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez 1 NAYS: None. ABSENT: None. Commissioner Teele: Mr. Chairman, thank you very much. And, colleagues I really appreciate it. But, this is an example. If you pull the transcript of the first meeting... Chairman Hernandez: Yeah. Commissioner Teele: ... there was a motion and a second. It was recommended by Chairman Hernandez. It was moved by Commissioner Plummer and I think it was seconded by Commissioner Gort. And, that's the problem that we're having here on the legislative things because things are happening so fast and we are not tracking it. Chairman Hernandez: I appointed you. Commissioner Teele: You appointed. And, someone said it needed to be by a motion. Commissioner Plummer, did. 242 December 18, 1997 ---------------------------------------------------------------------------------------------------------------- 76. DIRECT ADMINISTRATION TO PLACE ON AGENDA FOR DECEMBER 30, 1997 ISSUE REGARDING POLICY FOR WAIVER OF FEES FOR SPECIAL EVENTS AND PARADES -- FURTHER DIRECT ADMINISTRATION TO RETURN WITH A POLICY THAT CAN BE APPLIED TO DIFFERENT TYPES OF SPECIAL EVENTS. Commissioner Hernandez: Going back to the regular Commission agenda, there is one item which is a continuation from the last meeting, which is an emergency situation right now. Going back to the discussion we had on waiver of fees of different parades and demonstrations and what have you, and the difference between the demonstration and a parade. There are two in my opinion, two and realistically, three very important for morale reasons and good feeling reasons that we have in the City of Miami. One is the Orange Bowl Parade, another one is the Martin Luther King Parade and the third one is the Three Kings Parade. The Three Kings Parade is coming up prior to our next Commission meeting of January the 13th. I, brought it... wanted to bring forward, there was discussion, there was discussion with the Vice Chairman Teele on the floor on setting policy on who we should waive in the future fees. Consider waiving fees and which events we shouldn't at all waive any fees. This is one that I have tried to pursue and actually support. I think it's extremely important for the Little Havana area, for the Hispanic community and realistically for the entire City of Miami, as well as the Martin Luther King Parade. This parade comes up before our next meeting of January 13th, I believe it's in the first week of the New Year. We are looking at, there is a complimentary copy that I passed by to each Commissioner. Total amount estimated in services and fees is thirty-seven thousand dollars ($37,000) for this parade. I don't know if you want to discuss policy. If we just want to try to convince the Oversight Board that this is something this community and this Commission strongly backs, and I bring that two issues on the floor. Commissioner Gort: Mr. Vice Chairman. Commissioner Hernandez: Commissioner Gort. Commissioner Gort: If you are working on the amendments to the five-year plan, I think we need to make a decision today and instruct the... If it's the wish of this Commission and you have to recall, one of the reasons we stopped doing that, because it came out to one point five million dollars ($1,500,000) that we were doing in supporting all kinds of different activities. If this board decides to do three of them, which represent our entire ethnic community, that's fine. But, I think we intend to instruct it now, so it can be part of the budget and it can be a part of the five-year plan. The reason being, whatever we approve here today, you have a got a lot of worthy causes that will come in front of us, requesting for funding. So, that is a decision that I believe we should be taking it, today. Commissioner Hernandez: The big... Before, I... Commissioner Gort: The policy... Commissioner Hernandez: ... yield to Commissioner Plummer, Commissioner Gort. The... And, I agree with what you are saying. The big difference and we are talking about these three big parades. The big difference is the Orange Bowl Parade, it's obviously a very big parade. It's very costly, but at the same time, they have big sponsors in comparison to the other two minor parades which are Martin Luther King and the Three Kings. But, we must discuss this. I think we have to make some kind of decision today, and Commissioner Plummer. 243 December 18, 1997 Commissioner Plummer: No, my only question is, is once you open the door, that's the problem. And, you know, you are not going to draw the line... I love my colleague who draws lines in the sand. It's'... They are good lines until high tide. Regalado. You know, it's... I am just... Look, everybody wants to be politically in with the Three Kings. Everybody politically wants to be in with the Martin Luther King. But, how do you say no, to Jose Marti Parade? How do you say no, to the Sun Street Festival? How do you say no, to the Haitian group that are here? How do you say no, to this one when you have said, and you have opened up the door? Now, you know, we've got to lay it on the line, and that line might not be politically favorable, but we have got to make a decision, which I thought we had made. And, for one year, we pretty well stuck to it. Now, you know, I... Let me tell you where I guess I really have a problem, is on this coming Monday, OK. I sit as your delegate to the TDC (Tourist Development Council). And, that is where this money should be coming from. That's the bed tax. This is for festivals, this is for tourism. And, there is no question to me, that this is tourist related activity. Mr. Chairman, I just think that we have got to come up with a policy if we are going to change the policy because the policy has been hard and fast. And, there were no, absolutely no funding for the past 12 months. Commissioner Regalado: Mr. Chairman, if I may? Commissioner Hernandez: Commissioner Regalado. Commissioner Regalado: I think that Commissioner Plummer is correct in which we have to make a decision. And, I think that he is also right in saying well, about the Jose Marti Parade. This is a parade for children and this is a parade that is going to cost the City a lot. I remember that last year, Demetrio Perez sought my help and we just couldn't help it. So, Willy... And, I remembered that Commissioner Gort and I, we paid from our pockets some parade that wasn't approved. Now, the Chairman was talking about the Orange Bowl Parade that has a sponsor, and he is correct. Especially, the Three Kings Parade have a lot of sponsors. As a matter of fact, if an elected official wants to ride in a convertible, he or she has to pay five hundred dollars ($500). Is that correct? Commissioner Hernandez: It's up to one thousand now. Commissioner Regalado: Up to one thousand dollars now ($1,000). Commissioner Plummer: Not me, I ride on the fire truck. Commissioner Regalado: So, I will not be, I will not be riding, maybe I will be walking, but I don't have the one thousand dollars ($1,000). Commissioner Plummer: You can get on the truck with me. Commissioner Hernandez: Actually, the difference is, that if you are on a City vehicle it's free of charge. But, if you get on one of their vehicles, it's one thousand dollars ($1,000). Commissioner Regalado: All right. But, you know, what I am saying is that, you know, I know that they have a lot of expenses but they have a lot of sponsors. And, I am not sure if we should open the door, because if we do it, we have to do it for everybody. Commissioner Plummer: Well, and you know, let's admit reality. The minute you open that door to parades, you are going to open that same door to festivals. And, how do you say no, to a festival which is a basic parade kind of an atmosphere? Commissioner Hernandez: Commissioner Plummer, let's see if I can win you over on this? I need to go. Can we put this on the budget, for the upcoming budget that's to be revised and 244 December 18, 1997 0 studied on December the 30th? We can place it on that one and then if we shoot it down and we decide that the policy is, we are not going to waive any fees, then so be it. Is that all right? Commissioner Plummer: I have no problem, but you know what you have got to do, answer me a question which I have never... I wanted to ask. Things you wanted to know, but never asked the question. If we do something here, and the Oversight Board denies it, what happens? Do we get boiled in oil? Do we get shipped out of town? Mr. Frank K. Rollason (City Manager): Well... Commissioner Gort: You have to replace the money, if you are don't pay it out. Commissioner Plummer: No, no. I am asking the question. What happens? Mr. Rollason: Well, we'll finance the pre -boil at that moment on the... Commissioner Plummer: That's called parboiled. Mr. Rollason: Well, OK. Well, we're right there. On the issue of the last thing, on the first thing that we waived just recently dealing with the luncheon at the Coconut Grove Convention Center. They are aware of that, they made us aware at the meeting that we are in violation and they want the backup to that to come to them so that they can review it and pass judgment. Commissioner Plummer: Well, listen. Mr. Rollason: But, all these things are... All these things do go to the Oversight Board. We need a policy. Commissioner Plummer: But what happens, what happens if we approve this today and they come back and say no? Mr. Rollason: Then it's no. Mr. A. Quinn Jones, III, Esq. (City Attorney): Then it's no. Commissioner Plummer: But, we have already spent the money. Commissioner Hernandez: Yeah, the parade already went by and... Mr. Rollason: I understand. We are in violation. What action they would take when we were to do the annual... Commissioner Plummer: And, you are telling me that we can do that violation and we are going to find out our punishment afterwards. I'm asking. Mr. Rollason: You are exactly right. In other words, you know, if this... we explain the situation of why we did the Christmas thing like it was. I think it was a sympathetic ear, the decision that we took, but it does still said, it's in violation, it should have been here ahead of time. And, this one is ahead of time. If you pass this, we will do the cover paperwork, we will shoot it over to the Oversight Board for their review, and say, here is one ahead of time, the Commission has made this decision and you say yeah or nay. Commissioner Plummer: OK, I will only go one step beyond that and say that in this particular case because of the time frame, that that could be considered. But, we have got to establish... 245 December 18, 1997 You know, as we did in this Coconut Grove Festival Committee. Only one activity a month where they were going to establish three parades or four parades, or two parades. If we don't, we are going to be just absolutely wild like we were before. Commissioner Hernandez: I think that's a must. That's a must. So, we are going to put it preliminarily on the budget and then that will give them time to say yes or no, or what have you. Commissioner Plummer: Yeah. That's fine. Commissioner Hernandez: OK. Commissioner Gort: At the same time, since you are drafting the plan right now, you want that policy. I think that maybe staff can come back with some kind of policy that can be placed for three different types of events. Mr. Rollason: That might be a good idea... Commissioner Gort: And, it should be... And, that should be part, that should be part... Mr. Rollason: Because then we are going with the plan and with the policy. Commissioner Gort: You are going with the plan and with the policy and it shouldn't be more than "X" amount of money and that's it. Commissioner Hernandez: Definitely. Mr. Rollason: And, I think the other issue is, is we are going to put it in the modified budget that we will, you know, bring to adopt. We will reflect these within the proper departments that we are going to pull this money from and that it is very clear, there is not a magic pot somewhere, this money has to come from some place. Commissioner Gort: It could be budgeted. END OF DISCUSSION -- NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 77. SCHEDULE DISCUSSION REGARDING PROPOSED FIRE ASSESSMENT FEE FOR SPECIAL COMMISSION MEETING OF DECEMBER 30, 1997. Commissioner Plummer: Mr. Chairman, I would ask for a clarification because I am going away confused and I want to ask this question. Mr. Manager, I have the distinct feeling that the fire fee is going to fail, OK. I have got that distinct feeling. Now, I hope that I am not talking between the lines. But, Mr. Chairman, is it possible Mr. City Attorney that that question could be raised today? Because, if in fact that fire fee fails, our meeting on the 30th is going to be blown completely out of the water. We have already negated and are not collecting garbage fees, correct? What I found out was, the one I just recently paid was retrospective back to July. So, I, I... To leave here today without some indication to the management that yes, we are going to vote for a fire fee or we are not going to vote for a fire fee has got to be known to them. Mr. Jones: Well, Commissioner, I am confused now because the Commission has already indicated that it's going to... that's part of the plan now that's been submitted to the Oversight Board. So, I think... 246 December 18, 1997 Commissioner Regalado: J. L., three of us in this table did vote for the fire fee. Commissioner Plummer: And, you still have the feeling? Commissioner Gort: Well... Commissioner Plummer: OK, OK. Commissioner Gort: I am just telling you that three of us... Commissioner Plummer: Fine, fine. Commissioner Gort: No, three, he didn't vote. Commissioner Plummer: And then, what I am understanding is, is that's what's going to prevail on the 30th, OK? Now, because remember again, Mr. Manager, the Mayor has indicated that he is going to eliminate the fire fee. Mr. Jones: But, again, he can't... Commissioner Plummer: And, this board, can overrule him, I understand that. Mr. Jones: Yeah. Commissioner Plummer: All right. But, you know, I have been boiled in oil because I guess I've got more condominiums in my district than any other district. And, let me tell you something my friend, the people on Brickell Avenue are livid. They are filing a lawsuit. They just collected in PAC (Political Action Committee) money forty thousand dollars ($40,000). You were there. And, I got to hell out before you spoke because they were going to boil you in oil. Mr. Rollason: Well, I survived. Commissioner Plummer: Well, you maybe survived, but did the fire fee survive? All I am saying... Mr. Rollason: We have not had submitted to us any change from the Mayor to take that fire fee out of the five-year plan. Commissioner Plummer: But, you got to know that. Mr. Rollason: The change we got involved the garbage fee. We have removed that and in a conversation I had with the Mayor just this morning, I walked away with an understanding that that fire fee was in there. Commissioner Plummer: OK, OK. But, I can tell you, just for the record, that these condominiums from Wainwright to the river, are filing a lawsuit to stop the fire fee. Absolutely, they have got forty thousand dollars ($40,000) in a PAC fund that... Well, whatever, it will last. I just want this Commission to know, that of all the Condominium Associations that I have been to the meetings, Buddy, that was first and foremost that you are charging me a fire fee and we never had a garbage fee to be eliminated because we pay private. So, just be aware. 247 December 18, 1997 Commissioner Hernandez: OK, before we hear a motion to adjourn, on behalf of the Mayor and the Commissioners of the City of Miami, I want to wish everyone Merry Christmas and we will see each other back here on December the 30th. Thank you, very much. Commissioner Gort: Mr. Chairman, if I have just a question. I am a little concerned because we have a drop dead date on December the 30th. We have to talk about the five-year plan and the fire fee. Mr. Manager, you are going to work in the fire fee, all the... both plans as we said that you would. My concern is one that is in the mind of most of the residents of Miami. Are you going to be here throughout the next week as a City Manager? Mr. Rollason: I am not sure that I am supposed to be here right now. With the opinion that that City Attorney has made there are questions in my mind of the viability of me even sitting in a Commission meeting. So, I don't know if it's the Commission's pleasure to address that, but I certainly got some concerns now that I have received the opinion just this morning, sitting here in the chair that I am in. That's obviously one of the sovereign powers that the Manager is supposed to have and obviously is one of the powers that I do not have. Commissioner Plummer: Well... Commissioner Gort: Well, maybe we can address that on the 30th. Commissioner Plummer: On the 30th, yes. Yes, you don't have to worry about sitting again until. Commissioner Hernandez: We have a motion to adjourn. DISCUSSION - NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 78. BRIEF COMMENTS REGARDING FEE WAIVER FOR ANNUAL HAITIAN INDEPENDENCE DAY PARADE. Mr. Juste: Mr. Chairman. What about the Haitian Parade? We were here this morning, we work with Mr. Castenada, - the representative about Metro -Dade and I hope that, at least the City heard about because... [inaudible] Chairman Hernandez: Sir, sir. You have to get on the mike. We've... Mr. Juste: OK, I will, I will, I will. Again, good... Commissioner Hernandez: Sir, when is your parade? Mr. Juste: The Haitian... Commissioner Hernandez: Yes. Mr. Juste: ...Independence Day Parade. Commissioner Hernandez: The what? Mr. Juste: The Haitian Independence Day... 248 December 18, 1997 Commissioner Hernandez: No, no. I know that, I know that. When is the parade? Mr. Juste: When? Commissioner Hernandez: What date? Mr. Juste: January 1st. Commissioner Hernandez: January 1st. Mr. Juste: Yeah. But, we have to make arrangements so we will know what we are doing. And... Commissioner Hernandez: Well, it's very simple. You put it on the agenda on the 30th, we decide what we are going to do, you could it on to the Oversight Board. Mr. Juste: Well, no. Excuse me, Mr. Mayor. As a citizen... Commissioner Hernandez: Sir, let me explain to you what the problem is. It's very simple. The Oversight Board has to approve all this. Whatever we want to do here, doesn't matter. They are going to have to approve it. Put it for the 30th along with Three Kings Parade, along with the Martin Luther King Parade, and then we will make a decision at that point. We will know what the Oversight Board feels. Right, the Orange Bowl isn't going to here anymore. Do I have a motion to adjourn? Mr. Juste: And, we... DISCUSSION - NO ACTION TAKEN ---------------------------------------------------------------------------------------------------------------- 79. REAFFIRM PREVIOUS CITY COMMISSION ACTIONS PER MOTION 97- 918 REGARDING ACTIONS OF COMMUNITY REDEVELOPMENT AGENCY BOARD --- DIRECT CITY MANAGER TO SUBMIT BEFORE DECEMBER 22, 1997 AMENDED APPLICATION TO U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT -- FOR FUNDING AVAILABILITY AND PROGRAM GUIDELINES FOR HOMEOWNERSHIP ZONES, -- SEE LABELS 71, 73, 74. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Teele: Mr. Chairman. Commissioner Hernandez: Yes. Vice Chairman Teele: Mr. Chairman, the attorney has just said that the motion made by Commission Gort to approve the minutes of the CRA (Community Redevelopment Agency) is not legally sufficient... Commissioner Gort: You have to do it one by one. Vice Chairman Teele: ... to approve the two resolutions. 249 December 18, 1997 Commissioner Gort: One by one. Commissioner Hernandez: OK. Vice Chairman Teele: And, that the City Commission must approve those resolutions. So, I would move that the City Commission ratify and adopt the actions of the CRA Board relating the Homeownership application zone to be submitted by December 22nd, based upon a decision to be made by the Manager. Commissioner Hernandez: There is a motion on the floor by Vice Chairman Teele. Second by Commissioner Plummer. All those in favor say "aye." The Commission (Collectively): Aye. Commissioner Hernandez: All those against? The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 97-920 A MOTION REAFFIRMING PREVIOUS ACTIONS OF THE CITY COMMISSION PER MOTION NO. 97-918, REGARDING RATIFICATION AND ADOPTION OF THE ACTIONS OF THE COMMUNITY REDEVELOPMENT AGENCY BOARD RELATING TO A DIRECTION TO THE MANAGER REGARDING SUBMITTAL OF AN AMENDED APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") IN RESPONSE TO NOTICE OF FUNDING AVAILABILITY ("NOFA") AND PROGRAM GUIDELINES FOR HOMEOWNERSHIP ZONES, TO BE SUBMITTED ON OR BEFORE DECEMBER 22, 1997, SUBJECT TO THE CONCURRENCE OF THE CHAIRMAN OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") AND THE MAYOR; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. 250 December 18, 1997 I ---------------------------------------------------------------------------------------------------------------- 80. REAFFIRM PREVIOUS ACTIONS OF THE CITY COMMISSION PER MOTION 97-918 REGARDING ADOPTION OF ACTIONS OF COMMUNITY REDEVELOPMENT AGENCY BOARD TO INCORPORATE N.W. 9TH STREET MALL PHASES I AND II PROJECT INTO THE PLAN. -- SEE LABELS 72, 73, 74. ---------------------------------------------------------------------------------------------------------------- Vice Chairman Teele: And, secondly I would move that the Commission ratify the decision to move the 9th Street Mall improvements into the master plan. Commissioner Plummer: Second. Chairman Hernandez: We have a motion by Vice Chairman Teele, a second by Commissioner Plummer. All those in favor say "aye." The Commission (Collectively): Aye. Chairman Hernandez: All those against? The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 97-921 A MOTION REAFFIRMING PREVIOUS ACTIONS OF THE CITY COMMISSION PER M 97-918, REGARDING RATIFICATION AND ADOPTION OF THE ACTIONS OF THE CRA BOARD RELATING TO INCORPORATING THE NORTHWEST 9TH STREET MALL PHASES I AND II PROJECT ("PROJECT') INTO THE PLAN. Upon being seconded by Commissioner Plummer, the motion was passed and adopted by the following vote: AYES: Commissioner Wifredo Gort Commissioner J.L. Plummer, Jr. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Chairman Humberto Hernandez NAYS: None. ABSENT: None. Vice Chairman Teele: The CDBG (Community Development Block Grant) motions were made in the Commission and not in the CRA (Community Redevelopment Agency). Commissioner Gort: Right. Chairman Hernandez: Correct. 251 December 18, 1997 - -------------------------------------------------------------------------------------------------------------- 81. COMMENTS BY COMMISSIONER PLUMMER REGARDING FIRING OF ELLIE HAYDOCK, ADMINISTRATOR OF COCONUT GROVE NET PROGRAM. ---------------------------------------------------------------------------------------------------------------- Chairman Hernandez: OK, motion to adjourn, please. Commissioner Plummer: Mr. Chairman, before you adjourn. Chairman Hernandez: Yes, Commissioner Plummer. Commissioner Plummer: And, I don't mean to put you on the stop, but I guess I have to. I read in this morning's paper in reference to a NET (Neighborhood Enhancement Teams) Administrator. And, I read your comments that you would be upset if a NET Administrator in your district was moved without you being involved. To that extent. Chairman Hernandez: Right. Commissioner Plummer: OK. I am going to just put on the record that in my district it's already been done without my concurrence, contrary to the remarks I made about the administrator and I don't like it. Just putting it on the record that I gave that administrator glowing terms in my opinion of the work that she did. I don't mind saying it on the record, Ellie Haydock did one hell of a good job for this City and I expressed that opinion and she was still terminated. So, I just want to put it on the record that that was in my district, they consulted me, they listened and then they fired and did what they wanted to do. So, I am putting it on the record. Vice Chairman Teele: Mr. Chairman. Chairman Hernandez: Vice Chairman Teele. Vice Chairman Teele: I did not read the statement that you reportedly made, I don't know if you made it or didn't make it. But, I would respectfully urge you not to comment on that at this time because I don't believe saying a NET Administrator is a good administrator for the purpose of keeping them there or saying they are a bad administrator for the purpose of removing them is contemplated under the Charter. Chairman Hernandez: Absolutely. Vice Chairman Teele: I think both are equally actionable by the State's Attorney office and I would respectfully urge you... Chairman Hernandez: Absolutely. Vice Chairman Teele: ... not to say anything. Commissioner Plummer: That's it. Chairman Hernandez: OK, motion to adjourn. Moved, second. 252 December 18, 1997 END OF DISCUSSION -- NO ACTION TAKEN THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 12:18 P.M. ATTEST: Walter Foeman CITY CLERK Maria J. Argudin ASSISTANT CITY CLERK COMMISSIONER HUMBERTO HERNANDEZ PRESIDING OFFICER/CHAIRMAN \� { 253 December 18, 1997