Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
CC 2000-02-10 Minutes
CITY OF MIAMI COMMISSION M INUTES OF MEETING HELD ON FEBRUARY 10, 2000 PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL .f. Walter J. Foeman/City Clerk ITEM NO. INDEX MINUTES OF COMMISSION MEETING Februaryl0, 2000 SUBJECT 1. A. A.CONSENT AGENDA B. COMMENTS RE NEED TO REDUCE FEES OR CHANGE ORGANIZATIONAL STRUCTURE — COLLECTING MORE THAN COST OF RUNNING DEPARTMENT. 1.1 ACCEPT BID OF ANDER POLICE SUPPLY, FOR FURNISHING OF OLEORESIN CAPSICUM SPRAY CANISTERS, FOR DEPARTMENT OF POLICE, ($19,000); ALLOCATE FUNDS FROM THE DEPARTMENT OF POLICE, GENERAL OPERATING BUDGET. 1.2 ACCEPT BID OF J.W. DAWSON COMPANY, INC., FOR.PROVISION AND DELIVERY OF BEDDING FOR HORSES, FOR DEPARTMENT OF POLICE, (ANNUAL $8,008); ALLOCATE FUNDS FROM THE DEPARTMENT OF POLICE, GENERAL OPERATING BUDGET. 1.3 ACCEPT BID OF GROVE NURSERY, INC., TO PROVIDE LANDSCAPING SERVICES AT THE CITY OF MIAMI SOLID WASTE ADMINISTRATION BUILDING FOR THE DEPARTMENT OF SOLID WASTE, ($9,752); ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROJECT. LEGISLATION 2/10/00 DISCUSSION 1-3 2/10/00 R-00-111 3 2/10/00 R-00-112 4 2/10/00 R-00-113 4 1.4 APPROVE PROCUREMENT OF RECYCLING 2/10/00 CONTAINERS FROM REHRIG PACIFIC R-00-114 COMPANY, AWARDED UNDER EXISTING WEST 5 PALM BEACH COUNTY CONTRACT FOR THE DEPARTMENT OF SOLID WASTE, ($11,700); ALLOCATE FUNDS. 1.5 APPROVE PURCHASE OF LAPTOP COMPUTERS 2/10/00 FOR THE BUILDING DEPARTMENT FROM R-00-115 COMARK GOVERNMENT AND EDUCATION 5 SALES, AWARDED UNDER STATE NEGOTIATED AGREEMENT PRICE SCHEDULE ("SNAPS") CONTRACT ($79,232), WAREFORCE INC., AWARDED UNDER STATE OF FLORIDA CONTRACT ($3,002.24), AND AT&T WIRELESS SERVICE, AWARDED UNDER STATE OF FLORIDA CONTRACT ($11,424), [TOTAL COST $82,234.24]; ALLOCATE FUNDS FROM COMMUNITY DEVELOPMENT BLOCK GRANT. 1.6 AUTHORIZE FUNDING OF BARAGUA JUDO KAI, ,2/10/00 INC., [$7,820]; ALLOCATE FUNDS FROM THE LAW R-00-116 ENFORCEMENT TRUST FUND. 6 1.7 AUTHORIZE FUNDING OF YOUTH OF 2/10/00 AMERICA, INC., [$35,000]; ALLOCATE FUNDS R-00-117 FROM THE LAW ENFORCEMENT TRUST FUND. 6 1.8 AUTHORIZE FUNDING OF THE DRUG ABUSE 2/10/00 RESISTANCE EDUCATION (D.A.R.E.) PROGRAM, R-00-118 [$35,691.12]; ALLOCATE FUNDS FROM, THE LAW �6 ENFORCEMENT TRUST FUND. 1.9 AUTHORIZE FUNDING OF MIAMI URBAN 2/10/00 MINISTRIES "OASIS CAMP 2000," [$5,280]; R-00-119 ALLOCATE FUNDS, -FROM THE LAW 7 ENFORCEMENT TRUST FUND. 1.10 AUTHORIZE FUNDING FOR ALTERNATIVE 2/10/00 PROGRAMS, INC., [$80,000]; ALLOCATE FUNDS R-00-120 FROM THE LAW ENFORCEMENT TRUST FUND. 7 1.11 AUTHORIZE MANAGER TO EXECUTE AGREEMENT, 2/10/00 WITH THE COMMISSION ON ACCREDITATION FOR R-00-121 LAW ENFORCEMENT AGENCIES, INC., FOR 8 REACCREDITATION OF THE POLICE DEPARTMENT, [$16,395]; ALLOCATE FUNDS FROM THE LAW ENFORCEMENT TRUST FUND. 1.12 AUTHORIZE ALLOCATION [$9,608] FROM 25T" YEAR 2/10/00 COMMUNITY DEVELOPMENT BLOCK GRANT [CDBG] R-00-122 FUNDS FOR. REHABILITATION OF BUSINESSES, 8-11 LOCATED IN LITTLE HAVANA AREA UNDER THE CITY-WIDE COMMERCIAL FACADE PROGRAM, DESIGNATE SMALL BUSINESS OPPORTUNITY CENTER, INC., AS NOT-FOR-PROFIT ORGANIZATION FOR IMPLEMENTATION OF PROGRAM. 2. TWENTY FIFTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS: A. SET ASIDE $19,000 OF FOR APPLICATION TO ELIGIBLE PUBLIC SERVICE AGENCIES; B. DECREASE $100,000 SPANISH AMERICAN BASIC EDUCATION AND REHABILITATION, INC.; INCREASING $30,000 TO LIONS HOME FOR THE BLIND; $10,000 TO SER JOBS FOR PROGRESS; REDUCE DOMINICAN AMERICAN NATIONAL FOUNDATION BY $15,000; ADD $15,000 TO ALLAPATTAH COMMUNITY ACTION ELDERLY MALES PROGRAM; ADD $25,000 TO SOUTHWEST SOCIAL SERVICES; DECREASE JAMES E. SCOTT COMMUNITY ACTION AGENCY BY $2,500; REDUCE' HAITIAN AMERICAN FOUNDATION (EMPLOYMENT PROGRAM) BY $1,000; REDUCE HAITIAN AMERICAN FOUNDATION (CHILD ABUSE PROGRAM) BY $1,500; ADD $5,000 TO RECRUITMENT AND TRAINING PROGRAM; C. ADD $24,998 TO ST. JOHN COMMUNITY DEVELOPMENT CORPORATION (HOUSING CATEGORY) FOR TECHNICAL ASSISTANCE; ADD $24,998 TO MODEL HOUSING COOPERATIVE; D. $57,000 (HOUSING) TO TRI -CITY COMMUNITY ASSOCIATION; E. $10,000 TO THE ST. JOHN COMMUNITY DEVELOPMENT CORPORATION; 3. MIAMI RIVER PARK APARTMENTS PROJECT TO BE LOCATED IN THE LUMMUS PARK AREA AT N.W. 4 STREET AND 5 AVENUE; ALLOCATE $175,000 IN HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS AND $2,300,000 IN HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM FUNDS, FOR DEVELOPMENT! OF AFFORDABLE RENTAL HOUSING TO MIAMI RIVER PARK ASSOCIATES, LTD., AND BAME DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC. 2/10/00 M-00-123 M-00-124 M-00-125 M-00-126 M-00-127 12-66 2/10/00 R-00-128 66-71 4. MANAGER TO DRAFT RESOLUTION THAT 2/10/00 MIRRORS MIAMI-DADE COUNTY'S COMMERCIAL DISCUSSION REVITALIZATION PROGRAM; DIRECT 72-77 COMMUNITY DEVELOPMENT STAFF TO EVALUATE THE THREE BUSINESS PROPOSALS PRESENTED BY NEIGHBORS AND NEIGHBORS ASSOCIATION. 5. CONFIRMING BAYFRONT PARK MANAGEMENT 2/10/00 TRUST'S APPOINTING CHRISTINA ABRAMS AS R-00-129 ACTING EXECUTIVE DIRECTOR OF THE 77-86 BAYFRONT PARK MANAGEMENT TRUST. 6. PRESENTATION BY WYNWOOD NET SERVICE 2/10/00 CENTER. PRESENTATION 86-94 7. SECOND READING ORDINANCE: - ESTABLISH 2/10/00 SPECIAL REVENUE FUND, "LOCAL LAW ORDINANCE NO. ENFORCEMENT BLOCK GRANT IV PROGRAM" 11887 [$3,449,194], CONSIST OF GRANT FROM THE 94-95 U.S. DEPARTMENT OF JUSTICE; AUTHORIZE MATCHING FUNDS [$383,244], FROM POLICE DEPARTMENT GENERAL OPERATING BUDGET. 8. SECOND READING ORDINANCE: ESTABLISH 2/10/00 SPECIAL REVENUE FUND "BULLETPROOF ORDINANCE NO. VEST PARTNERSHIP GRANT," [$14,000], 11888 CONSIST OF GRANT FROM THE U.S. 96 DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE. 9. COMMENTS REGARDING LEGISLATIVE 2/10/00 PRIORITIES TO PURSUE IN THE STATE DISCUSSION SESSION. 97-99 10. SECOND READING ORDINANCE: AMEND CODE 2/10/00 TO IMPLEMENT CHARTER AMENDMENT ORDINANCE NO. "STRONG MAYOR -COMMISSION" FORM OF 11889 GOVERNMENT; ESTABLISH PRESIDING OFFICER 99-100 OF THE COMMISSION; DELETING REFERENCES TO CITY MANAGER. 11. SECOND READING ORDINANCE: AMEND CODE 2/10/00 SECTIONS 2-1145 THROUGH 2-1148, SECTIONS ORDIANCE 18-500 THROUGH 18-503, SECTIONS 18-540 AND NO. 11890 18-541 "ADMINISTRATION" AND "FINANCE" TO 101-102 REMOVE PROVISIONS RELATING TO THE ANTI- DEFICIENCY ACT, RELOCATE TO "FINANCIAL POLICIES" AS THEY RELATE TO FINANCIAL INTEGRITY PRINCIPLES. 12. SECOND READING ORDINANCE: AMEND 11418, 2/10/00 "PARTNERSHIP FUND"; INCREASE ORDINANCE APPROPRIATIONS [$25,000], DONATIONS FROM NO. 11891 VARIOUS PRIVATE ORGANIZATIONS; 102-103 AUTHORIZE FUNDS FOR PRODUCTION OF COMMUNITY EVENTS AND IN-HOUSE PROGRAMS, INCLUDING THE PUBLICATION OF THE POLICE DEPARTMENT'S ANNUAL REPORT. 13. COMMENTS REGARDING FUNDING PROGRAMS 2/10/00 BY POLICE LAW ENFORCEMENT TRUST FUND. DISCUSSION 103 14. SECOND READING ORDINANCE: AMEND CODE 2/10/00 SECTIONS 2-161 AND 2-162 ORDINANCE "ADMINISTRATION/OFFICERS" CREATE CITY NO. 11892 ADMINISTRATOR. 104-106 15. LSET TIMETABLE RELATED TO PROPOSED 2/10/00 CABLE TELEVISION ORDINANCE OF NO MORE FIRST READING THAN 45 DAYS TO FINALIZE LICENSE AND ORDINANCE LEGISLATION, OR THE CITY SHOULD LOOK FOR 106-113 ANOTHER PROVIDER. 2.FIRST READING ORDINANCE: AMEND CODE BY REPEALING APPENDIX A AND REPEALING AND ,RE-ENACTING CHAPTER 11 ENTITLED, "CABLE TELEVISION" PROVIDING THE TERMS AND CONDITIONS FOR THE OPERATION OF CABLE TELEVISION SYSTEMS. 16. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: "SOLID WASTE REDUCTION RECYCLING AND EDUCATION (FY'00)" [$265,147], CONSIST OF TWO GRANTS FROM THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION, A RECYCLING AND EDUCATION GRANT [$174,155], AND A WASTE TIRE GRANT [$90,992]. 2/10/00 FIRST READING ORDINANCE 113-114 17. DEFER CONSIDERATION OF PROPOSED FIRST 2/10/00 READING ORDINANCE RELATED TO SERVICES M-00-130 PROVIDED TO BOARDS BY THE OFFICE OF THE 114-115 CITY CLERK. 18. DISCUSS BAYFRONT PARK MANAGEMENT 2/10/00 TRUST AGREEMENT WITH BAYFRONT VALET DISCUSSION L.C. (see section # 19) 115-119 19. AUTHORIZE BAYFRONT PARK MANAGEMENT 2/10/00 TRUST TO AMEND AGREEMENT WITH R-00-131 BAYFRONT VALET L.C., RESTRUCTURING 119-121 ANNUAL PAYMENT OF $50,000. (see section # 18) 20. AMEND 99-253, ACCEPT BIDS FROM ALINA 2/10/00 SPORTSWEAR, INC., PENTAGON HEALTH CARE R-00-132 SERVICES, EMBROIDER IT, INC., ZIPP 121-124 SPORTING GOODS, CREATIVE HANDS, INC., AND MIAMI TO GO, INC., FOR T-SHIRTS AND GOLF SHIRTS ON A CITYWIDE CONTRACT BASIS, [$85,000], BY RESCINDING THE BID AWARD FROM CREATIVE HANDS, INC., AND ACCEPTING THE BID OF RDH QUEST, INC., INCREASE TOTAL CONTRACT [$30,000, FROM $85,000 TO $115,0001; ALLOCATE FUNDS. 21. RATIFY, APPROVE, CONFIRM MANAGER'S 2/10/00 FINDING OF EMERGENCY; WAIVE R-00-133 REQUIREMENTS FOR COMPETITIVE SEALED 124-126 BIDS, APPROVE PROCUREMENT AND INSTALLATION OF WROUGHT IRON FENCE AT FIRE STATIONS NOS. 2 AND 9, FROM C&F DECORATING SERVICES, INC., [$65,000], FOR DEPARTMENT OF FIRE -RESCUE; ALLOCATING FUNDS FROM CIP PROJECT, FUNDED BY THE FIRE ASSESSMENT. 22. RATIFY, APPROVE, CONFIRM MANAGER'S 2/10/00 FINDING OF EMERGENCY; WAIVE R-00-134 REQUIREMENTS FOR COMPETITIVE. SEALED 126-128 BIDS, APPROVE REPLACEMENT OF ROOFS AT FIRE STATION NO. 7, [$56,000], AND NO. 89 [$39,000], CONTINGENCY OF $6,375, FOR TOTAL $95,000 BY TRANS COASTAL CONSTRUCTION COMPANY, FOR DEPARTMENT OF FIRE -RESCUE; ALLOCATE FUNDS, FUNDED BY FIRE ASSESSMENT AND FIRE BONDS. 23. RATIFY, APPROVE, CONFIRM MANAGER'S 2/10/00 FINDING OF EMERGENCY; WAIVE R-00-135 REQUIREMENTS FOR COMPETITIVE SEALED 128-129 BIDS, APPROVE PURCHASE OF GOODS AND SERVICES FOR RENOVATION OF FLOORING IN CERTAIN FIRE STATIONS, FOR THE DEPARTMENT OF FIRE -RESCUE [$204,422.50]; ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROGRAM (CIP), FUNDED BY COMMUNITY DEVELOPMENT BLOCK GRANT [CDBG] FUNDS AND FROM CIP PROJECT, FUNDED BY FIRE ASSESSMENT. 24. AUTHORIZE INCREASE IN CONTRACT WITH 2/10/00 PHYSIO CONTROL CORPORATION, FOR R-00-136 LIFEPAK 12 DEFIBRILLATION/MONITOR 129-130 UNITS, 12 -LEAD EKG MONITORING OPTIONS, AND 18 LIFEPAK 500 AUTOMATED EXTERNAL DEFIBRILLATORS (AEDs); ALLOCATE FUNDS FROM CAPITAL IMPROVEMENT PROGRAM. 25. ACCEPT BIDS OF ED MORSE CHEVROLET, 2/10/00 PALMETTO FORD TRUCK SALES, INC., MASSEY R-00-137 YARDLEY CHRYSLER -DODGE, GUS MACHADO 131-143 FORD, MAROONE DODGE,' ABRAHAM CHEVROLET -MIAMI, FOR POLICE AND GENERAL FLEET VEHICLES, FOR DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, [$5,778,717.43]; ALLOCATE FUNDS FROM SPECIAL REVENUE AND CAPITAL IMPROVEMENT PROJECTS. 26. STANDARDIZE METHODS, RATES FOR SALE OF 2/10/00 FILL MATERIAL FROM VIRGINIA KEY R-00-138 STOCKPILE. 143-145 27. JULIA RAMIREZ AND UBALDO RAMIREZ, $20,000, 2/10/00 SETTLEMENT R-00-139 145-147 28. REESTABLISH THE CITY OF MIAMI CHARTER 2/10/00 REVIEW AND REFORM COMMITTEE — R-00-140 COMMISSIONER WINTON APPOINTED AS 147-152 CHAIRMAN. 29. RECOGNIZE CONTRIBUTIONS OF CAMILLUS 2/10/00 HOUSE INC. FOR PROVIDING HUMANITARIAN R-00-141 AND SOCIAL SERVICES [HOMELESS FACILITY]. 152-154 30. COMMENTS re APPOINTMENTS TO AFFIRMATIVE 2/10/00 ACTION ADVISORY BOARD (see section#32) DISCUSSION 154-155 31. APPOINT RAMIRO ARANGO AS A MEMBER OF 2/10/00 THE COCONUT GROVE FESTIVAL COMMITTEE. R-00-142 155-156 32. APPOINT MEMBERS OF THE AFFIRMATIVE 2/10/00 ACTION ADVISORY BOARD: R-00-143 CHARLES J. FLOWERS, LAURINUS PIERRE, IVAN 156-157 BARRETT, SAM MASON, RAMIRO MARRERO, LUIS COSTA, ED PIDERMANN, VIONA BROWN, JESSICA ANGEL, OVERTON BROOKS. (see section #30) 33. REAPPOINT ELEANOR KLUGER AS MEMBER OF 2/10/00 CITYWIDE COMMUNITY DEVELOPMENT R-00-144 ADVISORY BOARD. 157-159 34. APPOINT CHARLES MCEWAN AND ADELA 2/10/00 GONZALEZ AS MEMBERS OF THE CODE R-00-145 ENFORCEMENT BOARD. 159-160 35. REQUEST REPORT RELATED TO STAFF SUPPORT 2/10/00 FOR THE COMMISSION ON THE STATUS OF DISCUSSION WOMEN. 160-161 36. APPOINT ALEX FERNANDEZ AS MEMBER OF THE 2/10/00 FINANCE COMMITTEE. R-00-146 161-163 37. APPOINT ELOY APARICIO AS MEMBER OF LITTLE 2/10/00 HAVANA FESTIVAL COMMITTEE. R-00-147 163-164 38. APPOINT MARITZA GUTIEREZ AS MEMBER OF 2/10/00 THE ORANGE BOWL STEERING COMMITTEE (see M-00-148 section #42) 164-166 39. APPOINT RUBEN OLIVA AS MEMBER OF THE 2/10/00 PROPERTY AND ASSET REVIEW COMMITTEE. R-00-149 166-168 40. APPOINT COMMISSIONER WINTON AS MEMBER 2/10/00 OF SOUTH FLORIDA EMPLOYMENT AND R-00-150 TRAINING CONSORTIUM. 168-169 41. APOINT SANDRA FRANKEL, CHARLES McEWAN, 2/10/00 SANDRA FRANCIS AND VERNON CLARK AS R-00-151 MEMBERS OF THE COMMUNITY RELATIONS 169-171 BOARD. 42. WAIVE RESIDENCY REQUIREMENT FOR 2/10/00 MARITZA GUTIEREZ AS MEMBER OF THE R-00-152 ORANGE BOWL STEERING COMMITTEE (see 172-173 section 38) 43. ALLOCATE $1,923,814 OF 25TH YEAR 2/10/00 COMMUNITY DEVELOPMENT BLOCK GRANT R-00-153 ("CDBG") FUNDS TO APPROVED PUBLIC 173-175 SERVICES, HOUSING AND ECONOMIC DEVELOPMENT AGENCIES AS A RESULT OF THE REQUEST FOR PROPOSALS PROCESS FOR 25TH YEAR CDBG FUNDING. (see section #2) 44. CREATE THE FLORIDA EAST COAST RAILWAY 2/10/00 ("FEC") CORRIDOR INDUSTRIAL GROWTH TASK R-00-154 FORCE, INCLUDING INCENTIVES FOR 175-177 REVITALIZATION AND ECONOMIC DEVELOPMENT, AND MARKETING, PROMOTION, AND POSSIBLE REZONING, FOR THE AREAS LOCATED NEAR THE FEC TRACT CORRIDOR - COMMISSIONERS TEELE AND WINTON TO CO- CHAIR COMMITTEE. 45. COMMENTS RE DEVELOPERS SUMMIT TO 2/10/00 SHOWCASE AND ATTRACT DEVELOPERS TO DISCUSSION MIAMI. 177-181 46. COMMENTS RE COMMITTEE TO REVIEW ELIAN 2/10/00 GONZALEZ DEMONSTRATIONS. DISCUSSION 181 47. URGING GOYA FOODS, INC. TO REINSTATE 2/10/00 CERTAIN EMPLOYEES. R-00-155 181-185 48. DISCUSSION CONCERNING PROVIDING 2/10/00 ASSISTANCE TO THE MIAMI CULTURAL DISCUSSION FOUNDATION IN THEIR ATTEMPT TO 186-188 ESTABLISH AN ARTS CENTER FOR DISADVANTAGED YOUTH IN THE CITY OF MIAMI. 49. DENY ALLAPATTAH GARDEN APARTMENTS 2/10/00 PROPOSAL FOR LACK OF CONSISTENCY WITH M-00-156 THE STATION AREA DESIGN AND DEVELOPMENT 188-197 PLAN BY THE NEW CENTURY DEVELOPMENT CORPORATION, INC. AT THE ALLAPATTAH METRORAIL STATION, LOCATED AT THE INTERSECTION OF N.W. 36.. STREET AND 12TH AVENUE. 50. SYMPATHY AND CONDOLENCES TO THE FAMILY 2/10/00 AND FRIENDS OF DERRICK THOMAS. R-00-157 198-199 51. A. COMMEND WYNWOOD NET 2/10/00 PRESENTATION AND POLICE OFFICERS DISCUSSION INVOLVED; 199-200 B. LEGAL ISSUES re WYNWOOD FREE TRADE ZONE. 52. SYMPATHY AND CONDOLENCES TO THE FAMILY 2/10/00 AND FRIENDS OF CARMEN REGALADO. R-00-158 201 53. OPERATION OPSAIL REQUEST U.S.HUD TO 2/10/00 TRANSFER DIRECTLY TO OPSAIL 2000, INC. A R-00-159 GRANT AWARDED TO THE CITY OF MIAMI BY 202 THE U.S. CONGRESS FOR THE OPSAIL MIAMI 2000 CULTURAL EXCHANGE PROGRAM IN THE AMOUNT OF $250,000. 54. AUTHORIZE LEASE OF THREE VEHICLES FROM 2/10/00 INTERAMERICAN CAR RENTAL, UTILIZING R-00-160 EXISTING CITY OF MIAMI CONTRACT $21,060; 203 ALLOCATE FUNDS FROM STOP ACTIVE VANDALISM EVERYWHERE GRANT FOR POLICE. 55. REQUEST STANDARDS FOR COMPANIES 2/10/00 PERFORMING EXCAVATIONS ON CITY STREETS; DISCUSSION MANAGER TO HIRE CONSULTANT; MANAGER TO 203-209 DEVELOP A COST MATRIX, SHOWING SERVICES THAT CITY PROVIDES TO SUCH COMPANIES, TO ENSURE THAT THE IMPOSED FEE DOES NOT BECOME A TAX. • MINUTES OF REGULAR MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 10`x' day of February 2000, 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 9:42 a.m. by Vice Chairman Wifredo Gort, with the following members of the Commission found to be present: Commissioner Wifredo Gort (District 1) Commissioner Johnny L. Winton (District 2) Commissioner Tomas Regalado (District 4) Commissioner Arthur E. Teele, Jr. (District 5) ABSENT Commissioner Joe Sanchez (District 3) ALSO PRESENT: Donald Warshaw, City Manager Alejandro Vilarello, City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk Vice Chairman Gort: Good morning, everyone. Welcome to another meeting of the City of Miami Commission. First of all, we'll have the invocation by Commissioner Winton, and the pledge of allegiance by Commissioner Teele. Will you all stand, please? (An invocation was delivered by Commissioner Johnny Winton, followed by Commissioner Arthur Teele leading those present in a pledge of allegiance to the flag) Vice Chairman Gort: First, we don't have any vetoes from the Mayor's office? Mr. Walter Foeman (City Clerk): There are no vetoes. Vice Chairman Gort: OK. The consent agenda. Do we have anyone that wants to pull any item, discuss any one item on the consent agenda? Commissioners? Commissioner Winton: No. 1 February 10, 2000 Vice Chairman Gort: Commissioner Teele? Commissioner Teele: No. Vice Chairman Gort: Commissioner Regalado? Commissioner Regalado: No, sir. Vice Chairman Gort: OK. Mr. Donald Warshaw (City Manager): We have a slight correction on the one of the items. Ms. Judy Carter (Director, Purchasing): Yes, sir. Good morning. CA -5. We would ask that you simply withdraw the contract to AT&T (American Telephone & Telegraph) wireless service. We have determined there is more appropriate contract to utilize in order to obtain this service. Vice Chairman Gort: OK. Well, with that amendment -- I had a question on item CA - 2. My question was shavings and stall beddings. Can you explain that? Item two shavings and stall beddings. Is that the horses, the shaving of the -- Major Joseph Longueira: Yeah. That's the -- in their stall. That's what we lay down in the bottom of the stall, and we have to remove it twice a day. Vice Chairman Gort: Thank you. Anyone in the public would like to discuss any one item in the consent agenda? No one coming forward. Do I have a motion? Ms. Carter: Sir? I'm so sorry. Vice Chairman Gort: Hold it. Commissioner Regalado: Move it. Vice Chairman Gort: Excuse me. Ms. Carter: I'm so sorry. The new total -- and that is what I did not reflect -- would now be $82,234,24 cents. Mr. Warshaw: It's a reduction from the... Vice Chairman Gort: The reduction for `93. Ms. Carter: This is CA -5. Vice Chairman Gort: Right. Ms. Carter: Yes, sir. Vice Chairman Gort: With that amendment, all in favor state by saying "aye." 2 February 10, 2000 The Commission (Collectively): "Aye." NOTE FOR THE RECORD: CODE SEC. 2-33 (J) STIPULATES THAT CONSENT AGENDA ITEMS THAT ARE REMOVED FROM THE AGENDA PRIOR TO CITY COMMISSION CONSIDERATION SHALL AUTOMATICALLY BE SCHEDULED AS A REGULAR AGENDA ITEM AT THE NEXT REGULARLY SCHEDULED MEETING OF THE CITY COMMISSION. THEREUPON MOTION DULY MADE BY COMMISSIONER REGALADO AND SECONDED BY COMMISSIONER TEELE, THE CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE: AYES: Vice Chairman Wifredo Gort Commissioner Thomas Regalado Commissioner Johnny L. Winton Commissioner Arthur E. Teele, JR. NAYS: None. ABSENT: Commissioner Joe Sanchez (Here follows the body of resolution, omitted here and on file in the Office of the City Clerk.) RESOLUTION NO. 00-111 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF ANDER POLICE SUPPLY, UNDER INVITATION FOR BIDS NUMBER 99-00-025 FOR THE FURNISHING OF OLEORESIN CAPISCUM SPRAY CANISTERS, FOR THE DEPARTMENT OF POLICE, AT A TOTAL PROPOSED AMOUNT NOT TO EXCEED $19,000; ALLOCATINIG FUNDS THEREFOR FROM THE DEPARTMENT OF POLICE, GENERAL OPERATING BUDGET, ACCOUNT CODE NUMBER 001000. 290201.6.075. 3 February 10, 2000 • RESOLUTION NO. 00-112 • A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF J. W. DAWSON COMPANY, INC. UNDER INVITATION FOR BID NUMBER 99-00-026 FOR THE PROVISION AND DELIVERY OF BEDDING FOR HORSES, ON AN AS - NEEDED CONTRACT BASIS, FOR ONE (1) YEAR WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE (1) YEAR PERIODS, FOR THE DEPARTMENT OF POLICE, AT AN ANNUAL AMOUNT NOT TO EXCEED $8,008; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF POLICE, GENERAL OPERATING BUDGET, ACCOUNT CODE NUMBER 001000. 290201.6.270. RESOLUTION NO. 00-113 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF GROVE NURSERY, INC. TO PROVIDE LANDSCAPING SERVICES AT THE CITY OF MIAMI SOLID WASTE ADMINISTRATION BUILDING FOR THE DEPARTMENT OF SOLID WASTE, PURSUANT TO INVITATIONS FOR BID NUMBER 99-00-085R; AT A TOTAL PROPOSED AMOUNT NOT TO EXCEED $9,752; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT NUMBER 353015.329401.6.860. 4 February 10, 2000 RESOLUTION NO 00-114 A RESOLUTION OF THE MIAMI CITY COMMISSION FOR THE PROCUREMENT OF 2,500 18 -GALLON RECYCLING CONTAINERS FROM REHRIG PACIFIC COMPANY, AWARDED UNDER EXISTING WEST PALM BEACH COUNTY CONTRACT NUMBER SWA 97-16/TR, EFFECTIVE UNTIL JULY 2, 2000, SUBJECT TO FURTHER EXTENSION BY WEST PALM BEACH COUNTY, FOR THE DEPARTMENT OF SOLID WASTE, IN AN AMOUNT NOT TO EXCEED $11,700; ALLOCATING FUND THEREFORE FROM ACCOUNT CODE NUMBER 422001.320302.6.850. RESOLUTION NO. 00-115 RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PURCHASE OF 32 LAPTOP COMPUTERS FOR THE BUILDING DEPARTMENT FROM COMARK GOVERNMENT AND EDUCATION SALES, AWARDED UNDER STATE NEGOTIATED AGREEMENT PRICE SCHEDULE ("SNAPS") CONTRACT NUMBER 2501401, EFFECTIVE UNTIL MARCH 9, 2000, IN AN AMOUNT NOT TO EXCEED $79,232, AND WEAR FORCE, INC. AWARDED UNDER STATE OF FLORIDA CONTRACT NUMBER 252-001-97-1, EFFECTIVE UNTIL MARCH 31, 2000, IN AN AMOUNT NOT TO EXCEED $3,002.24, FOR A TOTAL COST NOT TO EXCEED $82,234.24; ALLOCATING FUNDS THEREFORE FROM COMMUNITY DEVELOPMENT BLOCK GRANT ACCOUNT NUMBER 799211.452566.840. 5 February 10, 2000 .'7 RESOLUTION NO. 00-116 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE FUNDING OF BARAGUA JUDO KAI, INC. IN AN AMOUNT NOT TO EXCEED $7,820; ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 690001, 690002 AND 690003, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING," AND FLORIDA STATE STATUTES, CHAPTER 932.7055, AS AMENDED. RESOLUTION NO 00-117. A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE FUNDING OF YOUTH OF AMERICA, INC. IN AN AMOUNT NOT TO EXCEED $35,000; ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 690001, 690002 AND 690003, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING " AND FLORIDA STATE STATUTES, CHAPTER 932.7055, AS AMENDED. RESOLUTION NO. 00-118. A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE FUNDING OF THE DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.) PROGRAM, IN AN AMOUNT NOT TO EXCEED $35,691.12; ALLOCATING FUNDS THEREFORE FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 690001, 690002, AND 690003, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING," AND FLORIDA STATE STATUTES, CHAPTER 932.7055, AS AMENDED. 6 February 10, 2000 RESOLUTION NO 00-119. A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE FUNDING OF MIAMI URBAN MINISTRIES " OASIS CAMP 2000 ", IN AN AMOUNT NOT TO EXCEED $5,280; ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NUMBERS 690001, 690002, AND 690003, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING," AND FLORIDA STATE STATUTES, CHAPTER 932.7055, AS AMENDED. RESOLUTION NO. 00-120 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE FUNDING FOR ALTERNATIVE PROGRAMS, INC. IN THE AMOUNT OF $80,000; ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 690001, 690002, AND 690003, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S " GUIDE TO EQUITABLE SHARING, " AND FLORIDA STATE STATUTES, CHAPTER 932.7055, AS AMENDED. 7 February 10, 2000 • RESOLUTION NO. 00-121 0 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES, INC. FOR REACCREDITATION OF THE POLICE. DEPARTMENT, IN AN AMOUNT NOT TO EXCEED $16,395; ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, ACCOUNT CODE NO. 690003. 291220.6.270, SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE U.S. DEPARTMENT OF THE TREASURY'S " GUIDE TO EQUITABLE SHARING, " AND FLORIDA STATE STATUTES, CHAPTER 932-7055, AS AMENDED. RESOLUTION NO. 00-122 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), AUTHORIZING THE ALLOCATION OF $9,608 FROM THE 25TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PROJECT NO. 799602, FOR THE REHABILITATION OF SEVEN (7) BUSINESSES, DESCRIBED IN THE ATTACHMENT HERETO, LOCATED IN THE LITTLE HAVANA AREA UNDER THE CITY-WIDE COMMERCIAL FACADE PROGRAM, SAID FUNDS TO BE DISBURSED AS HEREIN SPECIFIED; FURTHER DESIGNATING THE SMALL BUSINESS OPPORTUNITY CENTER, INC. AS THE ',NOT-FOR- PROFIT ORGANIZATION FOR THE IMPLEMENTATION OF THE PROGRAM. Vice Chairman Gort: Item 1. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes, sir. February 1',0, 2000 Commissioner Teele: On CA number 5. Vice Chairman Gort: Yes, sir. Commissioner Teele: Is the director -- who's getting those items? Mr. Aldo Stancato (Interim Director, Information Technology): It will be the Building Department, Commissioner. Commissioner Teele: Is the Building Department's representative here? Mr. Stancato: Yes, he is. Ms. Carter: Yes. Just a moment. I'll get him. Commissioner Teele: Let's go to the next item. Oh, here he is. Mr. Rollason, my staff, the whiz in computers in my office, has reviewed this and I want to commend you. This is off of the State contract, is that right? Mr. Frank Rollason (Director, Building & Zoning): Yes, sir. Commissioner Teele: So, again, what we're doing is saving the bid process -- the State is going to buy these things a lot cheaper than us, but the technology is rather revolutionary in a way, and I would just think -- you know, we do -- according to one of the advisors that I have that is advising George W. Bush, and I don't know how well he's doing -- we do a lot of too much self -congratulating around here, but it would be very helpful, I think, if you could arrange a brief three-minute, four -minute demonstration at the next Commission meeting of the technology, how it's going to be deployed. People need to know that their tax dollars are at work. I take strong objection to the use of CDBG (Community Development Block Grant) funds for this project. I voted for it because I don't want to be difficult. I think there are far more uses, more appropriate uses of Community Development funds than this. I don't want to get into pitting one group against the other, but, Mr. Attorney,my concern is a continuing concern -- and I want to just put it on the record -- and I would like for you to provide us with a report in March or April regarding the fact that the way we approve the organization of building and zoning has created an unconstitutional, an impermissible, flagrant violation of State laws, as it relates to fees, and, you know, I've said it, " I won't look the other way, " but if we're going to collect these fees illegally, the way we're collecting them, and then we're going to take CDBG money, again, we're back to this old thing of what I call robbing the homeless. I mean, we need to be very careful about this. And the building department collects probably ten million dollars ($10,000,000) more than it cost to run the department, and that was because of an organizational change. Now, there are a lot of ways to fix it, but my job level is about five thousand dollars ($5,000) a year. There are a whole bunch of people making a hundred thousand dollars ($100,000) a year that ought to figure out how to figure out how to fix this thing. Now, if I come in with an organizational plan in April, I'll fix it, and the only -- there are two ways to fix it, reduce fees or revise the organizational plan of the City. But right now I'm putting, your know, you all on notice because you're using CDBG funds that the organizational structure of building and zoning and planning and the collection of those fees is item permissible, in my 9 February 10, 2000 opinion, based, as a governmental official of some twenty years, iit is inconsistent with State law, an it's inconsistent with budgetary -- good budgetary policies. So, Mr. Manager, you know, I commend the department for the technology. 'I think the use is a permissible use, under Community Development rigs. I think it's an unfortunate use, given much, much higher priorities, but, you know, we've got a lot of things wrong, and I don't want to hold anything up, if you all are trying to 'fix it. But, at the same time, we've got to fix the budgetary problem that this Commission -- see, the problem is this, Commissioner Winton, Commissioner Regalado, if somebody files a lawsuit, it's not going to be Frank Rollason's problem or the Budget Director's problem or the Manager's problem. It's going to be the Commission approve that, and we can't hide behind that. We approve that budget. We approve ;that organization, and when we approve that budget and when we approve that organization, we did something that is impermissible. So... Commissioner Winton: I'm in the dark here. Could you explain what we're doing wrong to me? Commissioner Teele: We're collecting more money in the building; department by an amount of ten million dollars ($10,000,000) than it cost to administer the department, and that is no longer a fee. That is a tax. And the only way you can have a tax is you have to have general legislative authority to do that. In other words, we have levied a tax under the guise of a fee. Now, when the department was bigger -- see, what happened is, someone separated out the departments. I don't know who did that. I don't -- whether this Manager, the previous Manager. I mean, it's not important. We approved it. When we separated the department. Commissioner Winton: Building from Zoning. Commissioner Teele: Building from Zoning, or however that werit. And, to me, I come from the school of thought that the Planning Department ought to be the strongest department in the mix and they ought to be totally independent from Building and Zoning. But somehow or another we got ourselves in a box. There are a lot of different models that we could use to solve it, but the fax of the matter is, right now, we're collecting about -- if my budgetary numbers are right -- 'and Mr. Manager, you could help me -- we're collecting ten million dollars ($10,000;000) in excess of what it cost -- that's too much? Seven million? Mr. Warshaw: It's about three million. Mr. Rollason: In excess. Commissioner Teele: Where do the seven and ten come from? Mr. Rollason: We are collecting about seven now and -- Commissioner Teele: OK. So, the cost is three million dollars ($3,000,000) in excess Mr. Rollason: -- it costing me about four. Commissioner Teele: So the excess is three million dollars ($3,000,000)? 10 February 10, 2000 0 Mr. Rollason: Right. Commissioner Teele: And I think the City Attorney would confer -- would concur that you have a difficulty if you're collecting more than your costs, as a general rule. Mr. Alejandro Vilarello (City Attorney): Commissioner, I'd be more than happy to review the budgetary numbers with the department, and report back to the Commission. It is appropriate to collect over a long period of time; although, you might have a surplus at any particular time. But I'd be happy to report back to the City Commission on this issue, working with the administration. Commissioner Teele: The only issue that I have is this: If we're collecting that kind of money, then why are we using Community Development funds? Vice Chairman Gort: You know that's important. I think it's very limportant. And I agree with that. CDBG funds should not be used in a department like this one. Commissioner Winton: And, Mr. Chairman, actually, when I met with Frank Rollason, I had -- and, Commissioner Teele, I had actually the very same question because I'm in concurrence here. I think that there are CDBG funds -- we have„ what, five times the demand that we have funds available. So, every opportunity that we have within any City department -- and there is another agenda item coming up 'where I am going to make a recommendation that's different than this -- you know, we meed to find those funds. If there are funds available somewhere else, that's where they need to come from, and not out of the CDBG pool. So, -- but, thank you, Mr. Rollason. [At this time, Commissioner Sanchez entered the Commission Chambers at approximately 9:50 a.m.] Vice Chairman Gort: OK. Any other questions? Commissioner Sanchez: What is this pertaining to? Vice Chairman Gort: Item 2. Note for the Record: Commissioner Regalado informed the Commission that Channel 9 was not on the air. Commissioner Regalado: Mr. Chairman? Vice Chairman Gort: Yes. Commissioner Regalado: Mr. Chairman, first of all, before we discuss item 2, Mr. Manager, I think that channel 9 is not on the air, and this is a public hearing. I don't know why, but just for your information. Mr. Warshaw: I've just been advised there is a TCI (Telecommunications, Inc.) Cable problem, network wide, so they are working on it as we speak. 11 February 10, 2000 Commissioner Regalado: OK. Before -- Mr. Chairman, before we hear the administration, I'd like to propose a motion to decrease the amount of the pool of funds for public services from 595, 695 to 555, 695. That way we could allocate and set aside for the use of three unique agencies, base it on the demonstrated need of the services that the following agencies will provide. I'm directing the City Manager to notify the public, and bring this item back for final action on March 9, 2000. There are three -- there are four, actually, organizations are Integrated Delivery Systems, Recruitment and Training Project, Sisters and Brothers Forever, and Casa, Inc. These are groups that were not able, for several technical reasons, to participate in the process, but I have discussed that with the administration and I think that they can meet with them. They already have, I think. So, that is a motion. Vice Chairman Gort: Commissioner Regalado, for of order, why don't listen from staff, listen to recommendations, and let's leave the motion towards the end, after the presentations? Commissioner Regalado: Yes. Vice Chairman Gort: And the public hearing. Commissioner Regalado: But the reason I wanted to say it first is because we get into the RFP (Request for Proposal) process. I wanted to advise the members of the Commission of these important four groups that needs to be addressed. I Vice Chairman Gort: But there are other groups also that have been under funded, so... and I'm sure there are going to be requests from other Commissioners. Yes, Commissioner. Commissioner Sanchez. 12 February 10, 2000 0 Commissioner Sanchez: Mr. Vice Chair, if I may elaborate a little bit on this. You know, I could see this being a problem every year, where Social Services require or ask for money, and the allocate funds that are given to us by the federal government just is not enough to go around and help everyone, and there ';is a process and guideline that organizations must comply with to seek assistance 'to provide social service, and these companies do that. Along the way, I am not going to dispute the fact that some may not meet the guidelines or turn in paperwork late', but just to focus on the rules and regulations of HUD (Department of Housing and Urban Development) -- and they are very clear -- HUD is -- the guidelines are very simp',le. CDBG money is based on necessity, and necessity falls under three guidelines, which are population, housing need, and poverty. My district, your district, and everybody's district here has a lot of programs that want to provide service. However, the recommendation that's given to us by the administrations are a lot of organizations that feel that they've met their requirements, but to focus on those guidelines. They are very serious guidelines, and it's -- I could only speak for my district because I am very familiarized with the percentage that we get in my district. According to HUD regulations, based on those necessity in those three categories, my district receives -- should be, should be, by regulation and laws -- receiving 37 percent. However, I do not receive 37 percent. I receive 26 percent, which is fine, because I am one to focus, not on the me-ology, but the theology of the whole City, and I do, not dispute that. But there are going to be a lot of social services, and I have three in my district, that, with the short fall from 37 to percent to 26, leaving me a negative 11 percent, they are being affected. So, either we're going to go with the guidelines set by HUD or we're going to pick straws, or we're going to dispute to try to get money for organizations. But one of the concerns that I have, you have just put three items up. I do not know exactly how many money is left over for allocations to these services, but I think every Commissioner up here has the obligation to support these organizations. I have it, and I'm sure that you have it also. But I, too, have concerns, and I'm -- just want on the record that, instead of getting 37 percent, I'm getting 26 percent. So I wonder who's getting more than whom here? But, you know -- Commissioner Regalado: Oh. Commissioner Sanchez: Wait a minute. If we're going to fight over what organizations to pull, well, I have three today that I'm going to get money for. Commissioner Regalado: OK. Mr. Chairman, just to -- Commissioner Sanchez, for clarification, what I'm doing is exactly what you did on November 30, a motion authorizing the City Manager to allocate funding in the amount of $20,000 to Catholic Charities. I seconded that motion. It is exactly what you did, what I'm doing. One Integrated. Delivery Systems is a program for the elderly in district 3; Recruitment and Training Project is in district 5; Sisters and Brothers Forever is in district 3, and Casa, Inc. is the only one in district 4. A as a matter of fact, district 4 is the district that does not get almost any funding from CDBG because it's not a target area. I mean... Commissioner Teele: It's in a flood area. Commissioner Regalado: But what I'm saying is that -- Vice Chairman Gort: Gentleman? 13 February 10, 2000 Commissioner Regalado: -- I'm... Vice Chairman Gort: Gentleman, why don't we listen to the presentation, and after the presentation, we can make a decision. Commissioner Regalado: Mr. Chairman, but it's important. If I just want to put on the record that, before we listen to the process, that we, you know, know that this -- this is a need, an urgent need for this, and Gwen will explain what is the need for this group. But there is nothing unique here. I'm doing exactly what Commissioner Sanchez did on November 30. Exactly. No -- nothing different. Vice Chairman Gort: Commissioner, I understand. But before we make any motion, I would like to hear from staff. Commissioner Regalado: Yeah, sure. No. I'm just -- Vice Chairman Gort: I'd like to hear from all of us, and then we'll look at the motion. Commissioner Regalado: No, no. Sure. No problem. No problem. Vice Chairman Gort: Warren. Ms. Gwendolyn Warren (Director, Community Development): Yes, sir. At your January 13 meeting, staff brought before the City Commission the recommendations for the balance of the CDBG (Community Development Block Grant) 25TH year funds that were available. In previous Commission actions, during the fall, the Commission took actions to extend the previously funded and Social Services agencies that were performs well, the Economic Development agencies, to fund the Housing Administrative agencies, through March, to provide technical assistance, to three underfunded/underperforming, but necessary, Economic Development agencies. You also took actions to fund Code Enforcement, Lot Clearing, Demolition, City Economic Development Project, CRA (Community Redevelopment Agency) operation and base line funding. Your 108, your commitment for Robert King Heights, Flagler Market Street Place, the roof of the Development of the Exceptional, and your program administration. The balance of the funds available for your 23RD ! 26TH year -- I'm sorry — 25TH year CDBG funds, you had put out to bid into an IRFP (Request for Proposal). The monies that were available under the RFP was sixlhundred and four thousand -- four hundred and ninety thousand dollars ($499,000) for Economic Development, eight hundred and sixty-nine thousand nine hundred and seventy dollars ($869,970) for housing administration, and five hundred and ninety', -five thousand six hundred and ninety-five dollars ($595,695) for public service agencies, and the Commission had taken previous actions and had a balance available of fifty-eight thousand dollars ($58,000) in a Commission set aside. Staff was given additional instructions, besides putting the moneys out to bid. As you may, remember, under your public service agencies, the City of Miami had received a waiver of it's 15 percent cap, and increased the available public service dollars, which left you with a remaining balance of the five hundred and ninety-five thousand. There are some congressional restrictions on the use of those funds that they were to, be used for those people who were impacted by welfare reform, as a part of the legislative mandate. The Commission also directed, as a part of the RFP, that those funds be used in the 14 February 10, 2000 0 areas of youth services and services for the elderly, and that it would be for programs areas in the City that had traditionally underserved. You designated those areas to be Allapattah, Edison, Little River, Little Havana, Model City, and Overtown. Additionally, under your Economic Development Program for your six hundred and forty thousand, the Commission also, after you extended your traditional Economic Development agencies from last year, this was the balance available. You asked that, again, these moneys be targeted to projects that were going to be in your economic opportunities zones, and in areas in the City that had been traditionally under served. The other instruction that the Commission provided is that, in your consolidated plan, we approved an aggressive plan to build five thousand new homes over the next five years. Staff was instructed to ensure that those agencies that received housing administrative support that those dollars were recommended for agencies that have demonstrated, effectiveness, and who were involved in building those five thousand homes. Staff reviewed the RFPs, brought that information to you at your January meeting. Our Advisory Board held a meeting three days prior to that, indicated that they needed additional time to hold their public hearings. This Commission extended -- deferred the public hearing until today, to allow the Advisory Board to meet and hold their public hearings. The Advisory Board did meet, and they reviewed, held public hearings, allowed everybody an opportunity, who applied, to participate in the public hearing process. The Advisory Board supported staff's recommendations, and they had two minor in all three areas. There were two exceptions. The Advisory Board recommended that, under the public service category, that the organization, which is the Association for the Development of the Exceptional, receive an additional thirteen thousand five hundred and thirteen dollars ($13,513) from the available balance. Under the recommendation, staff and the advisory board had only recommended all of the moneys, with the exception of nineteen thousand, four hundred dollars ($19,400). The Advisory Board recommended that thirteen thousand of that go to the Organization for the Exceptional. Additionally, under the Economic Development category, the Advisory Board recommended that the Haitian American Foundation for the 79`x' Street Creole Marketplace receive an additional forty thousand dollars ($40,000) from the Commission set aside of fifty-eight thousand, contingent upon them passing their audit requirements. So, I present to you today the staff's recommendations and the Advisory Board's recommendations for the 25TH year RFP. As a part of your addendum, we have provided you a list of the agencies that have been recommended. You have, again, based on staff and Advisory Board recommendations, nineteen thousand four hundred dollars ($19,400) in public services that staff had no recommendation but the Advisory Board recommended thirteen thousand for the association for the exceptional. You have a balance in your other categories of a hundred and thirty one thousand dollars ($131,000) that neither the staff nor the Advisory Board made recommendations on. The Commission has a set aside of fifty-eight thousand dollars ($58,000), and I'll wait for your direction. Commissioner Winton: Is that fifty-eight thousand set a side over and above the hundred and thirty one thousand that you... Ms. Warren: Yes, it is. The Commission had their own set a side, and you 1 -ad a balance, after your awards, of fifty-eight thousand dollars ($58,000). The fifty-eight thousand and the hundred. and thirty-one thousand dollars ($131,000) that's available cannot be used, per federal regulations, for public service programs. You only have nineteen thousand four hundred if you adopt staff and Advisory Board's recommendations left in the category of public service. The balance of the moneys 15 February 10, 2000 can be used for other activities. Vice Chairman Gort: Thank you. Questions? You want to hear from the public first, an then -- Commissioner Regalado: Sure. Vice Chairman Gort: OK. It's a public hearing. All those that wish to speak -- Commissioner Teele: Before we hear from the public, Mr. Chairman, may I get a copy of the Advisory Board's recommendations? I don't have them in writing. And, also, can I get a list and the attendance list of the Advisory Board.members by the CD (Community Development) areas, if possible? That's the normal procedure, is to provide us with the list of the Advisory Board members, and who was present at the time and the area they are represented. Is this advisory board made up of a full complement now? Have all of the CD areas have representation. Was any area not represented? Ms. Warren: Model City's representative was not in attendance at the meeting. Commissioner Teele: Who is that person? Ms. Warren: Wanda Ferguson. And the Clerk will provide you -- here is a list -- (Comments off the record) Vice Chairman Gort: OK. Any other questions, Commissioner Teele? Ms. Warren: Our chairperson is here also, sir, if you need any information. Vice Chairman Gort: Let's hear from the chairperson first, and then we'll hear from the public. Two minutes each. Ms. Warren: Our Coconut Grove representative was also absent due to illness at the meeting. Our chairperson is here. Commissioner Teele: Is that the elected Coconut Grove representative? Mr. Irby McKnight: The appointed. Commissioner Teele: Was absent? Vice Chairman Gort: Name and address. Mr. McKnight: Irby McKnight, 1600 Northwest 3rd Avenue. Chairperson, Community Development Block Grant Board. We ask -- the board really went along, basically, with the staff's recommendation after hearing from the community, and there were some incidents where we wanted funds to go to agencies that did not get staff's recommendation. Once staff explainedpwhat happened, then the board decided that if the technical matters were cleared up, then they would want these agencies funded. If not, they would stick to the staffs recommendation. And the answer to full 16 February 10, 2000 compliment, no, we do not have a full compliment for the board, and no, every target area does not have a representation sitting on the board, as it currently is existing today. Now, the public hearings that were conducted earlier in each of the districts may be a better way to get community participation than the past method that has been used. The idea of holding the hearings in each one of the districts does open up the process for the community to have input. However, some participation by board members are not as enthusiastically as it can be or not as other board members. But, then, I suppose that is the nature of the beast. However, we thank this staff for its time consuming efforts, and I would personally like to thank each one of the board members. There are a few of them here today -- for the time that they gave to this process, although it was cumbersome from time to time. We, who labor here, did so out of love and want to see that the right thing happen by the City of Miami, particularly its low income residents. So, in areas where service have been not delivered timely or not funded properly, we ask this Commission to look at those areas and look at these programs, and see what they can do to speed up delivery of services and also to fund programs at a level that can make them function efficiently. Vice Chairman Gort: Thank you, sir. Commissioner Teele: Mr. Chairman, thank you. I would like to just understand one thing from Ms. Warren, and the Manager. I had a very brief discussion this morning about the use of computers for the Building Department, which I believe to be an eligible activity, and, therefore, I voted yes for it. I also think there are a lot of competing needs, given how long the City has just been allowed to deteriorate, and I don't question that use. But what was the Community Development Advisory Committees? Are they looking -- what I want to understand is, does the Community Development Advisory Committee have plenary responsibilities and obligations, or are they just looking at what, we give them or somebody gives them? In other words, are they looking at all of the Community Development funds? Did they look at specifically the set asides or the providing of funds through the City for governmental activities? Was that referred to them? Ms. Warren: No, it was not. They did not review the extensions that the Commission did for the social service agencies; they did not review the extensions that the Commission did on the economic... Commissioner Teele: Extensions are procedural. I'm talking about dollars now. See, my concern is, when -- is to ensure that the board sees the whole picture; that we see the whole picture... Ms. Warren: Yes, sir. Commissioner Teele: -- and the Advisory Board sees the whole picture. Now, if -- I think the comments that I'm making should be comments that should be coming from the Advisory Board, per se, but what I want to understand is, did the Advisory Board - - does the Advisory Board look at the CD expenditures of the full CD allocation -- simply stated: Are they over looking government expenditures? Are they over looking the expenditures in the Public.Works Department? Are they overlooking the expenditures in the Building Department? And where are those minutes and where is that process? 17 February 10, 2000 Ms. Warren: That process -- the Advisory Board, as well as the Commission, during three different public hearings processes, reviewed the allocations set aside for all activities. In the consolidated plan, on page 171, there is a break out of the use of all the funds under Community Development, for the proximate thirteen million dollars ($13,000,000) of CD; there was two million dollars ($2,000,000) set aside for Code Enforcement, housing related activities; there was three million one hundred thousand dollars ($3,100,000) set a side for public service activities; two million for Economic Development and administration. Those dollars were advertised. They were presented to the Advisory Board in the consolidated plan. They were submitted to this body under two public hearing processes, and it has been approved by HUD. What happened is, is those agent -- I Commissioner Teele: Ms. Warren, my question is real simple. Ms. Warren: The answer is yes. Commissioner Teele: The Community Development Advisory Board has reviewed the governmental expenditures and the Public Works expenditures of specific projects. The answer is yes? Ms. Warren: Yes, sir. Commissioner Teele: Thank you. Vice Chairman Gort: Thank you. Yes, sir. Your name and address. You have two minutes. Mr. Jose Antonio Font: Yes, sir. My name is Jose Antonio Font, 9921 Costa del Sol Boulevard, Miami, Florida. I serve as Financial Advisor and Loan Officer to the CAMACOL (Latin Chamber of Commerce) Loan Fund, and I'm here with Mr. Hector Gasca, Executive Director, and Luis Sabines, President of CAMACOL. The CAMACOL Loan Fund was established in March 1999 with a grant of one million three hundred and fifty-two dollars -- thousand dollars from the Beacon Council. Three months later, we had screened 123 loan applicants, and had closed on 17 loans in the amount of one million three hundred thousand dollars ($1,300,000), the full dollar grant. By November 30, 1999, through secondary lendings, we had completed a total of 29 business loans in the amount of one million four hundred two thousand nine hundred eighty dollars ($1,402,980), creating or retaining 180 jobs. One per seven thousand seven hundred and ninety-four dollars ($7,794) lent. To date, all loans are current in their payments, and we invite you to review our loan portfolio. We come to you today because the CAMACOL Loan Fund has exhausted its lending capital, except from going second tier lending from collections. Vice Chairman Gort: Let me interrupt you for a minute. Mr. Font: Yes. Vice Chairman Gort: Are you addressing items in agenda number 2? Mr. Font: Yes. 18 February 10, 2000 Vice Chairman Gort: What item? Mr. Font: We're requesting... Vice Chairman Gort: You're requesting something that has to do with Miami Capital, which is not on... Mr. Font: No. We're requesting CDBG funds. Vice Chairman Gort: You're not listed here. Mr. Font: Well, we felt this was an open forum that we could come and speak. Vice Chairman Gort: OK.. Go ahead. Mr. Font: We are unable to the meet demand for loans in the City of Miami. Currently, there are 22 applications pending, for a total amount of one million sixty- one dollars ($1,000,061). These applications, if funded, would create or retain an excess one hundred jobs in the City of Miami. One hundred and thirty-six, to be exact, according to our past experience. We had not submitted a proposal to the City of Miami previously because Miami Capital existed. Also, the CAMACOL Loan Fund was organizing itself. We would very much like to service the demand that Miami Capital is unable to service now. Working with the City of Miami will allow us to serve the (inaudible) for capital for small and micro businesses. Vice Chairman Gort: Thank you, sir. Sorry. Your time is up. Mr. Font: All right. We ask the amount of five hundred thousand dollars ($500,000) to lend out and fifty thousand dollars ($50,000) to cover our administrative expenses through September 30 of this year. Vice Chairman Gort: Next. Commissioner Teele: Mr. Chairman, may I inquire? Do you have a written request? Mr. Font: We have a letter we can submit to you. Commissioner Teele: Could you make a copy of that? I'd like to see it, please. Mr. Font: All right, sir. Vice Chairman Gort: Next. Dr. Carolee Devito-Zubkoff: My turn. Good morning, members of the Commission. My name is Dr. CaroleeDevito-Zubkoff. I'm a professor at the University of Miami Medical School. I represent the Time Dollar Institute Application. It's called CTY 2000, Compute Youth 2000, or City 2000. I'm here on behalf of a like-minded coalition. It includes the Community Action Agency of Metro - Dade, the intergenerational programs of Metro -Dade School Board, members of the Department of Engineering at FIU (Florida International University), Compu-Lab, Incorporated, Millennium Major Events, +Access Luke (phonetic) Records, United Foundation for 19 February 10, 2000 AIDS (Acquired Immunodeficiency Syndrome), South Shore Hospital, Ponce de Leon in Jackson, Humana Care centers. Our board members including congresswoman Carrie Meek and countless others. CTY 2000 will establish a continuous mechanism for major fund raising through the entertainment industry, and those dollars will be used to bring and maintain computers, informational technology, job training to our most needy. Ultimately, hundreds of jobs, thousands of computers and Y2K information technology will link our poorest communities with tools for improvement and empowerment. I know you have to make hard choices, and we all have priorities. We need every priority. This project ties together human services, education, and health services. It empowers powers the youth and our elderly with jobs and job training, and it brings the continuous flow of resources into Overtown and ultimately, all the inner City areas of Miami. I'm not a white "do gooder snob." I come from an immigrant family. I love leftovers. I love hand-me-downs. We know there are programs and projects that come to you every year, and they need your help. They are good programs, and they need your help each year. I'm here to ask you, please don't make us go home empty handed. We've really worked with everyone who has ever asked us to, with Ofelia Brown, with editor Jack Gordon. We opened the first health care center there -- Mr. Regalado, you were at Ponce the other night, and saw what we did to the Ponce Nursing Home. My family, my friends, my colleagues have worked together on behalf of this town for many, many decades, and we want to do this. We'll take whatever you have. Give us 10 percent of what we ask for, and we'll raise the rest of the money. But I don't want to go to the country and say the City of Miami couldn't formally endorse our project. " Vice Chairman Gort: Thank you. Mr. Zubkoff: Thank you very much. Mr. Sam Mason: To the Chairman, distinguished Commissioners, our Manager our City Attorney, distinguished guests, I come as the messenger from the Liberty City... Vice Chairman Gort: Sam, I need. your name and address. Mr. Mason: Samuel Mason, Executive Director of Recruitment Training Project, 5524 Northwest 7`" Avenue. I come as a messenger from the Liberty City/Model City area. My question is to the Commission. As Commissioner Sanchez spoke so beautifully about CDBG guidelines, et cetera, we're asking this Commission to be fair. We are the largest black community in the City of Miami. We've been cui out of participation. We're asking for our community to get their fair share. We don't want anything taken away from our brothers and sisters from other communities. We're saying, as Commissioners, it is incumbent upon you to look out for the City of Miami. If you think it's fair for Liberty City/Model City to be without any funding, so be it. I'll take the message back to my community. My question is: Be fair. It is -- it's not fair to just cut us out. The past is pro log. We're talking about now, and we didn't get anything. There is no appeal process. We've been trying to appeal -- there is know appeal process. I've written -- I'm come before this Commission and spoke on these issues. It's to deaf ears. We're saying, if you want me to take back to my community that we'll cut out participation, then thank you. Vice Chairman Gort: Thank you, sir. Next. 20 February 10, 2000 Mr. David Days: Good morning, Commissioners. My name is David Days, 1324 Northwest 3`d Avenue, Overtown. I'm the Executive Director of St. John Community Development Corporation. I wanted to certainly get an opportunity to talk to you all in reference to the defunding of the St. John Community Development Corporation. We have been involved in several projects. We have several projects under way. As a matter of fact, we're probably the only one in Overtown now with an ongoing project. We did 35 units of affordable houses, where we tore down a dilapidated structure and built 35 units, where we marketed those units to low to moderate -income persons. That land now is buyable, paying taxes. We have two other projects under way. Our Lyric Village Project in Overtown, between 8`h and 10`h and 2nd and lrst. We brought on a new joint venture project, the Bank of America -- Bank of America, CDC (Community Development Corporation). They are ready to get in bed with us and go with this project. We have put our HOME dollars together. We also put our CDBG dollars together. We have a surtax allotment. These things are dying on the vine, but we are -- we need to spruce them up by getting some administrative funding so we can go ahead with these projects. We also have -- in the past we were funded for Economic Development. We've started a new trend there. We've done more facades than, I think, our predecessor did just from the start of this year. We worked with our merchants. We're working with the Overtown -- CRA (Community Redevelopment Agency) in Overtown, in Economic Development. Also with the Overtown Advisory Committee. So we ask that you consider -- reconsider the defunding of our projects, and put these projects back on line so we can bring in some housing and do some things in reference to economic development in Overtown. Thank you. Vice Chairman Gort: Thank you, sir. Next. Reverend Jerome Starling: Good morning to Commissioners and City Manager. My name is Reverend Jerome Starling, with the Rickia Isaac Foundation, 200 South Biscayne Boulevard, Suite 1818. Basically, the reason I'm here, because we did apply for funding, but it was not approved. It's the Rickia Isaac Foundation. It's to reduce violence, a very unique organization. We hold a gun buy-back rallies. The reason we're requesting funding from the City is because of basically just trying to carry on our gun seminars win the schools. A lot of schools that we attend, we bring our speakers, we bring our doctors from the hospital, we also bring out workshops into the schools during these seminars, and it's very important that we can still carry this on. Our target area is Overtown. We do a lot of community rallies also over there, within the 51h 61h 7`h the whole Overtown area, but we do got specific target areas because we have a lot of group of kids come from certain target areas. We just asking the Commission to look at our proposal that we did submit to CBG, and inquire that you try to -- do try to fund us on this initiative of thirty-six thousand dollars ($36,000). Thank you very much. Vice Chairman Gort: Thank you, sir. Next. Ms. Alberta Sumner: Good morning. My name is Albena Sumner, and I live at 1360 Northwest 37`h Street, in Miami, Florida. I'm here to speak on behalf of Tri -City Community Association, which is an association that does minor repairs, and paints houses for the elderly and handicap citizens in Miami. This is a very important program because the majority of our residents are senior citizens, living on fixed incomes. We have had six members of our community to move in the last five months because the taxes in the City are going up. They are living on fixed incomes, and they 21 February 10, 2000 can't afford to pay their taxes, much less afford to pay to have somebody come and paint their homes. Now, the City of Miami has a program initiated through NET (Neighborhood Enhancement Team), which will give a homeowner the paint but they have to have the home painted within thirty days. If a resident cannot afford to pay taxes, he definitely can't afford the monies that are needed to get somebody to paint the house. This is a very important program to the elderly in our neighborhood, and I really believe that it should be funded. Thank you. Commissioner Teele: Ma'am, tell me, what was your request, again? Ms. Sumner: The Tri -City Community Association has not been funded for this fiscal period. This program paints houses for and does minor repairs, put in doors, for the elderly and the handicap in. our area. Commissioner Teele: How many were you requesting that they be given? Mr. McKnight: It was a hundred and forty-one thousand dollars ($141,000). Ms. Sumner: Thank you. Commissioner Teele: Thank you so much. Vice Chairman Gort: Next. Mr. Mariano Cruz: Good morning. Mariano Cruz, 1227 Northwest 26th Street. The reason I come here, like I say, I am a resident there in Allapattah. I pay City taxes, but I pay more in federal taxes. As a matter of fact, about seventy thousand dollars last year, and (inaudible) money CDBG come from my federal taxes. First, I am for funding Tri - City because that's one -- that's about one of the few organizations that we have in our neighborhood that works, and I visit some of the houses are being painted and fixed. And, also, I would like to address the other Economic Development of the City. The CAMACOL, I am for that because it's going to fill the void of Miami Capital, especially we deal with many small corporations in the City that can't have an IPO, initial offering, to (inaudible) money, not like going public. And, anyway, the City should be a little more about collecting money, like they are on the (inaudible) because I see that Code Enforcement, different things, or police arresting prosecutors becoming revenue raising thing of the City. I saw that article in Channel 10. I don't know how many money it's going to cost us, that suit. Because, remember, people are not paying the fines of Code Enforcement and they are putting liens on their house. Code Enforcement should be something for people to comply, to go in compliance, not to raise money for the City. What it's becoming is a cash register. I saw last night ten thousand, ten thousand, ten thousand dollars ($10,000), and that's not all. And also the City should go about collecting money that loan before, that the money loan to Barbara (inaudible) and Ivan (inaudible), three hundred thousand dollars ($300,000) years ago from the General Fund. I don't know if the law department can tell me what's happening with that money, that it was given to Barbara (inaudible) and Ivan (inaudible) when they have a school here in the City. Miami Capital didn't give them the .money, but the City, with the General Fund; give them three hundred thousand dollars ($300,000). What's going on with that money? It's been collected? Are we getting any money for that? Well, they (inaudible) people owe a hundred dollars ($100) in Code Enforcement; they send policeman and 22 February 10, 2000 everything out there. Vice Chairman Gort: Thank you, sir. Mr. Cruz: Thank you. Vice Chairman Gort: Next. Commissioner Teele: May I inquire, sir? One thing. Vice Chairman Gort: Mariano? Commissioner Regalado: Mariano? Vice Chairman Gort: There is a question. Commissioner Teele: Mr. Cruz, I saw in " letter to the editor " in the newspapers -- the Herald, I think -- recently -- what was that edit? Was that you? Mr. Cruz: It's me, yeah. Mariano Cruz, the only one. Commissioner Teele: What did you say? Mr. Cruz: That the City sold -- at the same time, they sold the property that they build Winn Dixie has been built already, OK. Commissioner Teele: I remember now. OK. Mr. Cruz: And, at the same time, they sold... Commissioner Teele: I remember. Mr. Cruz: -- the Miami Stadium, and nothing been built there. It's just an eyesore. Vice Chairman Gort: Thank you, sir. Mr. Cruz: It's still there. That's what it is. Commissioner Teele: I thought you made a good point. Mr. Cruz: Because that Winn Dixie close to you, to Spring Garden. Vice Chairman Gort: Yes, ma'am. Ms. Angela Vazquez: Good morning.. My name is Angela Vazquez. I'm here representing Southwest Social Services. We provide service for the elderly for the last 19 years in the City of Miami. All our clients are below poverty level, and we have a waiting list of over 200 clients right now. So, when you distribute the money, I would like you to consider help us with the waiting list. Thank you. Vice Chairman Gort: Thank you. Yes, ma'am. 23 February 10, 2000 Ms. Alice Abreu: Good morning, Commissioners. My name is Alice Abreu. I'm representing the Ladies Auxiliary, Centro Hispano Catolico Childcare Center, and Catholic Community Services. I am the former division director of the childcare of Catholic Community Services. I'm here, again, to request that consideration be given to identify some dollars to assist, to finish the permanent building of Centro Hispano Catolico Childcare in the Wynwood area. This is a project two million two hundred and thirty-six thousand dollars ($2,236,000) that was initiated in 1996 with the assistance of the dollars from the City of Miami Community Development for two years, and the Ladies Auxiliary collection. There is a dire need to identify, at this point and time, a minimum of two hundred thousand dollars ($200,000) to help us to complete the permanent building by the middle of this year. We are hoping to be able to have the ground breaking of the facility. So, once again, any dollars that could be identified in order to assist the completion of the project, it will be gratefully appreciated. Thank you very much for your time and consideration. Vice Chairman Gort: Thank you. Ms. Nilsa Velasquez: Good morning. My name is Nilsa Velasquez. I'm the Executive Director of Kidco Childcare. As you know, we come here every year requesting funding to serve the preschool population. There are some studies of the brain that says that early intervention in the first five years of life of the child, that means that that child will have more opportunities to be a better citizens and a better student in school. So, we try to provide that to our children, and we depend on the City of Miami funds, as well as other childcare funds to provide those services. And every year we get the same amount of money and the cost of living keeps increasing, so we are requesting your consideration in -- if not this year, but in future years, to consider increase to those programs, like ours, who really need the funds in order to provide quality of services. Through the City of Miami funds, we're able to provide health insurance to our staff. Many childcares cannot provide that. When we go to the County, they say you're within the City of Miami. Please request them for money. So, we ask for your consideration in continuing to support our programs. Thank you. Vice Chairman Gort: Thank you. Next. Ms. Donna Cutler: Good morning, Commissioners. My name is Donna Cutler I'm representing Jewish Families Service at 1790 Southwest 27`h Avenue. I'm the Program Director for Senior Crime Prevention and Victims Assistance, which helps people who are victims of crime over 60, and also disabled people in the City of Miami. It's a citywide program. We install security devices for them, and link them with case management with money we have from the County. I want to thank the citywide and the advisory board for their recommendation, and I hope that you will consider it. Thank you. Vice Chairman Gort: Thank you, ma'am. Next. Mr. Robert Godoy: My name is Robert Godoy. I am the Executive Director of Model House Corporate Inc., 782 Northwest Le Jeune Road, Suite 3. I came here to request the assistance from the City. For the first time in the year 24, we -- the City of Miami gave support to us, to the Model House. Last year they gave the support and this year, now, they are only -- they are not recommending us. We are involved in two projects, 24 February 10, 2000 both of the projects are in Commissioner Sanchez' area. It's under your assistance -- visit our project. We done one of the projects, 1262 Northwest 5"' Street, and that -- there were six families. Now, because of the support of the County and the City, instead of being tenant, they are the landlords. Now, what we're trying to do is to build a building in Flagler and 15`x' Avenue for 32 families. This will be for first buyer. We are having the support of the County. The County already had gave us half of the money, but for the acquisition and the construction, over a million dollars and the only thing that we are requesting from the City, that they continue with the support for the, administration, that they give to us the twenty-five thousand dollars ($25,000) that we're requesting, that way we can have -- we can continue with the cooperation and the (inaudible) of the City. Because one of the complaints of the County, that these buildings are in the City and the County is giving all the money for the construction, and what they wanted, that the City help -- because this is going to be for the benefit of the people in the City of Miami. Thank you very much. You have any questions... Vice Chairman Gort: Thank you, sir. Mr. Godoy: OK. Vice Chairman Gort: We'll go on the left here. Yes, ma'am. Well, you have a turn? Go ahead, ma'am. Ms. Frankie Rolle: You want me? Vice Chairman Gort: Go ahead, ma'am. Ms. Rolle: My name is Frankie Rolle, and I'm the Vice President of the community action -- Community Development Advisory Board. I've been on the board, I guess, for more than 20 years, since it's 20 years old, and I think that the department is headed in a positive direction. We've been through many trials and tribulations, and I wouldn't dare go back and try to bring you up to what we've been through, but I see us on a very positive road. And I assure you that the department is doing the very best that they can do. If they have been -- had been more -- had investigated more, through the years, it would have been very much better than what it is today. It takes time to bring about change, and I see us on a changing pattern, moving up, and I hope that we stay on this changing pattern, moving up, but you're born a baby and you're not grown the next day. And these are new people who dealing with these situations, and they are not just handing out money to friends and so forth and so forth and so forth and other people getting shafted out. I just had to say that because of personal reasons, too, because had there been more investigated more in the past, I wouldn't have lost a whole lot that I lost myself, but I've been there, done that and ain't mad at nobody. Vice Chairman Gort: Thank you, ma'am. Yes, ma'am. Ms. Helena Delmonte: Hi. Helena Del Monte, Association for the Development of the Exceptional. You all know'my agency, of course. We serve high-level adults with developmental disabilities, over a hundred and fifty participants. Presently, we are receiving three -- thirteen thousand three hundred dollars ($13,300) only from Social Service dollars. This is to fund a part-time position or I should say part-time dollars 25 February 10, 2000 to fund one full-time position. What we are requesting today is a sum of thirty-five thousand eight hundred and sixty-one dollars ($35,861). That will be ten thousand three hundred and forty-eight to make up the full- position that is partially funded now, and twenty-five thousand five hundred and thirteen dollars ($25,513) to add one more workshop supervisor to our staff, which is extremely needed at this time. Presently, the staff -- the City staff has recommended twenty-two thousand three hundred and forty-eight dollars ($22,348) of my almost thirty-six thousand dollar ($36,000) request, and the Advisory Board is recommending fully, so I am please pleading to this board, again, all I need to complete my request is thirteen thousand five hundred and thirteen dollars ($13,513). I think that in comparison to other social service agencies, I'm not being greedy. So, thank you very much. And I'd like to thank you for all the support that you've given me throughout the year, from the bottom of my heart. Vice Chairman Gort: Thank you, ma'am. Yes, ma'am. Ms. Dorothy Quintana: My name is Dorothy Quintana. I'm from Wynwood. I was also going to speak for that lady. The program that she has is a wonderful program. You have to visit that place, and then you know what it's all about. They take care of disabled people, and it's training for -- so they won't be dependant on anybody. So, I recommend that she should continue, they continue giving what she asks for. Also, better way, you say it's not necessary. Better way, it's good to have them, to give them some money. You know why? Better way, they pick people from the street that have nowhere to live, and they take care of them. I know for years and years -- and I visit those places, too -- when I speak (inaudible) this is the place. Kidco is a very good place. They started with one place. They have a lot of them, but they worked hard for it, and they don't care what nationality, color, or creed they take care of everyone very well. I visit those places and I know what I'm talking about. I don't talk because they tell me. I want to see what they are doing. Elderly service (inaudible) also, they take care of the old people. So, it's every place that I can think of in Wynwood that should be served. I'm not telling you what to give them because it's the money, but please give them as they are. Also, Aspira needs money. Rafael Hernandez is trying very hard. I know the other fellows didn't do right, but this lady just now, she's working very hard to get what the people want and the people that needs the housing. Very low-income. She's trying hard, so please, I ask you -- I can't tell you give so much and so much and so much, "no. You give what you think you can. Don't take it away from them. Continue. And I thank you very much, as long as you continue helping. The only way Wynwood (inaudible) the money has to -- you people have no money to give out. But please don't leave them out in the air. Thank you. Vice Chairman Gort: Thank you, ma'am. Yes, sir. Mr. A. G. Morrieor: Good morning. I'm with Tri -City, A. G. Morrison, Tri -City Board. I just want to piggyback on what Ms. Sumner said. Vice Chairman Gort: Your address, please, sir. Mr. Morrieor: 54th Street and 7th Avenue, Northwest. Ms. Sumner was one of the recipients of our program. She is living in the City of Miami several years. Our program has been in operation for over 20 years, and what it does, it rehabs elderly 26 February 10, 2000 persons' homes, persons not able to -- fixed income, retired people, older people that have homes that are in disrepair. This is what be do. We also have a training program for young people that have less. skills, no skills, and we have on site supervisor to train these young people for life long skills once they finish this program. We want funding this year. We're asking that we be refunded for this year for our program so we can continue to work in the neighborhood. Thank you. Vice Chairman Gort: Thank you, sir. Yes, sir. Ms. Heikki Talvitie: My name is Heikki Talvitie. I reside at 1245 Northeast 81 rst Terrace. I'm President of the Upper East Side Miami Council. We are on -- Economic Development recommended for fifty thousand dollars ($50,000), and you all know what we're doing with Biscayne Boulevard and the economic development over there. This is going to be City investments under redevelopment over there, and you can -- get your money back many times over. Thank you. Vice Chairman Gort: Thank you. Next. Ms. Barbara Lindsy: Yes. My name is Barbara Lindsy, and I'm here to talk about the Time Dollar Youth of Computers. Time Dollars has worked in the Allapattah residents for about two and a half years or longer, but what it was then, we call it the -- we was doing like friend to friend with the development children and the seniors, and we was paying -- giving them like points for whatever family they go out and help or whatever family they tried to get the kids involved in the computer, but the thing is now that they are offering us a program that they will put computers in the kid's house, and that's not only for the child, that's for the mother, the father, anybody in there that wants to get -- learn to use the computer. So, all I'm asking is the, will y'all please consider the youth -- the computer for the youth of 2000. Thank you. Ms. Ana Millares: Good morning. My name is Ana Millares. I'm the Vice President of the Time Dollar Institute in Washington. I'm here to speak for the Computer Youth Program. The program is about the future. The program is about the kids of the City of Miami, and we're just asking to reconsider whether the kids in this community are a priority or not. I thank you. Vice Chairman Gort: Thank you ma'am. Anyone else? Yes, ma'am. Ms. Sue Loyzelle: Hi. My name is Sue Loyzelle. I represent the YMCA (Young Men Christian Association) of greater Miami, 175 Southwest 15`h Road. I'm here today to ask that you consider the staff and Citywide Advisory Board recommendations for our project in the Model City area. We put in three applications for funding, one in Allapattah, one in Little Havana, and Model City, and, unfortunately, only the Model City one was recommended. We understand it's a hard decision. We understand that there are only so many funds to go around, and we appreciate this staff and Citywide Advisory's recommendation, and we would hope that you would consider that recommendation as well. Thank you. Vice Chairman Gort: Thank you, ma'am. Anyone else? I'll close the public hearings. Yes, ma'am. Ms. Annette Concepcion: Good morning. My name is Annette Concepcion. I 27 February 10, 2000 represent Planned Parenthood of Greater Miami, 1699 Southwest 27`' Avenue. We applied for a grant. We provided educational workshops, and we work in Model City. We would like to request consideration for this grant, so that we could continue educational workshops in this area. It has a very high HIV AIDS (Acquired Immunodeficiency Syndrome) infection rate, and we have provided 37 workshops in those areas, and we would like to continue doing so. Thank you. Vice Chairman Gort: Thank you. If anyone else wants to speak, please come forward. Ms. Natalie Paez: Good morning, Commissioners. My name is Natalie Paez. I'm a social worker with the Mental Health Association in Miami -Dade County. I'm here to speak on behalf of the A Woman's Place Program at the same agency, which has already been recommended by the staff and advisory boards. I just wanted to briefly go over what it is exactly. It's a daytime drop in center for homeless women. We provide individual counseling, group counseling, case management, and other type of referrals. During 1999 we serviced -- let's see. We provided services to a 1,406 unduplicated women. In the program, we provided.8,932 hours of group counseling. We provided 9,809 meals, and as for the population, 66 percent of it is African- American; 22 percent is Anglo American; 8 percent is Hispanic, and 4 percent is other. We ask that you please consider us for funding, as this is a population that is deeply in need of help and service. Thank you very much. V Vice Chairman Gort: Thank you. Next. Mr. Walter Hardemon: Good morning, Commissioners. My name is Walter Hardemon, the Executive Director of Youth of America, Incorporated, 6102 Northwest 7`h Avenue. I'm also a retired police officer with the City of Miami. Since 1991 I've been coming before this Commission requesting funding through CDBG, and never was looked upon being helped. I worked with youth in this community for many, many years. I'm a little touched right now because it's never been funded, but we work in the Model City area. We serve kids in Allapattah, Wynwood, wherever. We don't discriminate against anyone. Presently, right now, we're running an after school tutorial program that we pick up kids from Charles R. Drew Elementary and Middle, Edison Middle, Charles R. Drew, Holmes Elementary, and a whole gamut of other schools, but my request is this: We have one van, which is a 15 -passenger van. We need another one because our program is really growing. And my request is: If y'all could assist us with getting us another van, we would really appreciate it. Thank you. Vice Chairman Gort: Thank you, sir. Mr. Grady Muhammed: Good morning, Mr. Chairman, Commissioners. Grady Muhammed, model City, Citywide Advisory Board. I'm in favor of Mr. Walter Hardemon's program, youth of America, as well as Tools for Change, because that agency, as well as all the many other worthy agencies is doing a wonderful job. They've applied for five years, an they, unfortunately, have. not got recommended, but they meet all federal requirements, historically disadvantaged, underfunded target areas, as well as the WAGES (Work and Gains Economic Self -Sufficiency Coalition) City ordinance. So, please Commissioners, I would urge you to definitely fund them and all the other worthy agencies, especially as well as Tools for Change for Economic Development, because they do a wonderful job in the Model City areas, so I'm going to ask and request, Mr. Manager, Commissioners, to please consider them. 28 February 10, 2000 Thank you very much. Vice Chairman Gort: Thank you, sir. Ms. Sonya Santana: Good morning, Commissioners. Good morning, City staff. My name is Sonya Santana, and I'm representing Catholic Charities, the childcare division, and I like to just take a moment to thank the Commissioners, as well as the City staff and the Citywide Advisory Board for approving or recommending to approve the additional funds for our summer programs, both at Notre Dame Childcare Center, Sagrada Familia and Centro Mater Childcare Center. I also take a moment to also request if some of the additional funds that have available for' -- for Sagrada Familia Childcare Center, which you know is located at 905 Southwest lrst Street and 970 Southwest lrst Street in the Manuel Artime Building, there is a park right behind the Manuel Artime Building, which is a park that we utilize for this children, the preschool children, as well as the after school children. That park is deplorable. There are syringes there. The equipment is terrible. We would like to see if we can match dollar to dollar, and Sagrada Familia will be able to match twenty-five thousand, and if, somehow, the City of Miami would be able to recommend or to consider approving some dollars so that we might be able to partner and be able to improve that park for the use of the kids. Thank you very much. Vice Chairman Gort: Thank you. Mr. David Chiverton: Good morning. My name is David Chiverton. I'm here on behalf of the Focal Foundation. We'd like to thank the staff for their recommendation and the Advisory Board. We're putting in a new educational program with a partnership with the City of Miami Parks and Recreation and the Boys and Girls Club of Miami. We're asking that you up hold their recommendation, and vote in favor of it. Vice Chairman Gort: Thank you. Commissioner Teele: Did you give your address, sir? Mr. Chiverton: 946 Northwest 46`h Street. Vice Chairman Gort: Thank you. Anyone else? We'll now close the public hearings. Commissioners. Commissioner Regalado: Mr. Chairman, question. Gwen. Ms. Warren: Yes, sir. Commissioner Regalado: How much money do we have in the Lot Clearing Program from CDBG? Commissioner Winton: In the what? Commissioner Regalado: Lot Clearing. Ms. Warren: Just a second, sir. 29 February 10, 2000 Commissioner Regalado: And how... Ms. Warren: Two hundred and seventy-five thousand. You recommended this year. Commissioner Regalado: How much? Ms. Warren: Two hundred and seventy-five thousand. Commissioner Regalado: Two hundred and seventy-five thousand. Last year we did not spend the whole amount; is that correct? Ms. Warren: This is correct. Commissioner Regalado: So, we're -- is there a carry over from last year? Ms. Warren: The funds that have been unspent in the previous years was going to be brought back to the City Commission for reallocation in your March meeting, your last meeting in March. Commissioner Regalado: OK. So, how much did we not spend, a hundred thousand dollars ($100,000), more or less? Ms. Warren: -- I couldn't tell you. Approximately, that amount, but I couldn't tell you the dollar amount. I'd have to check with the NET (Neighborhood Enhancement Team) office. Commissioner Regalado: OK. But we did spend a hundred thousand last year of the funds? Mr. Warshaw: All I know is we didn't spend the full allocation this year, and there will be money coming back. Commissioner Regalado: I know. But I just .want to know how much we spent. Because I remembered that we only spend less than a hundred thousand dollars ($100,000) in Lot Clearing last year? Ms. Warren: My understanding is that the moneys were -- additional moneys were given at the end of the year, and the program didn't get a chance to spend all the money. It's going to be brought back to you for consideration at a later date. Commissioner Regalado: So, we have more money than we will be using this year in the Lot Clearing Program. From that -- from what category is that money coming from, Economic Development or Housing? Ms. Warren: The Lot Clearing moneys? Commissioner Regalado: Yes. Ms. Warren: It was for City programs. 30 February 10, 2000 Commissioner Regalado: No, no. But from -- where did it come from? Ms. Warren: It's Community Development funds. Commissioner Regalado: I know. But what category, Economic Development -- Ms. Warren: Public programs -- City programs. It doesn't have a category. It's not -- Economic Development it is not Housing. These are just other City funded CDBG projects. Commissioner Regalado: OK. Can you move that money to other category? Ms. Warren: I can do whatever the Commission directs; however, I would state that you have an ordinance that has directed staff, once we do the reconciliation, you have a series of projects that you have already funded, that those monies are committed to. So, again, the Commission can make a direction. The reallocation of under spent prior year monies was not a part of the public hearing; it hasn't been advertised. You have designated a use for those funds. It is to come back for your consideration at a future Commission meeting. At that time, you can -- again; it's up to the discretion of the Commissioner. Commissioner Regalado: Yeah, but my question is, you can relocate that money to other programs, except Social Services? Ms. Warren: Except Public Services. Mr. Warshaw: The Commission can reallocate those dollars. Ms. Warren: Yes. Commissioner Regalado: Is that Social Services? Ms. Warren: Correct. Commissioner Sanchez: Social Services. Commissioner Regalado: So... Commissioner Teele: Yeah, but... Commissioner Regalado: No. Go ahead. Ms. Warren: But, again, I have ordinances. Commissioner Regalado: I know you do. Ms. Warren: OK. Commissioner Regalado: Commissioner Teele, you wanted... Commissioner Teele: Well, I just want to be very clear on the record. The 31 February 10, 2000 Commission can reallocate dollars from category to category, with the exception of the statutory cap placed. In other words, we created the category and, therefore, we can -.- or we created the funding level per category and, therefore, we can change those funding levels. That's a very simple discussion. I think Ms. Warren is one hundred percent correct when she talks about previous dollars in the context that there are not only ordinances, but there is a Five -Year Plan that was submitted to the federal government that says how previous dollars will be allocate. So, we're -- we would have to change a series of things. We could do any of that and all of that, including repealing of ordinances, which I would be violently against. But I want to be very clear that in -- that your question is a correct question, that we can make those adjustments, and it would not require a public hearing, per se, but I would certainly agree that we should have a public hearing, and it would be carried over to a subsequent meeting for a public hearing process. But right now, as far as the law is concerned or the rules are concerned, any funding for this current year is on the table. This current year's funding is on the table, and we don't have to put ourselves in straight jackets now because we're doing_ a much better job. And I want to commend, to that extent, the staff -- we're doing a much better job in advertising the dollars. In other words, it's much clearer. It makes sense. And it becomes very important; in terms of reconciliation five years from now, four years from now, what was really going on and what was done. So, I just wanted to under score that, yes, I believe we can, if there is a majority vote, to do that and, at some point, I'd like to have some discussion on that issue. Commissioner Regalado: What I wanted to point out, Commissioner, is that the money that we did not use in the Lot Clearing Program last year has not been committed by ordinance. Is that correct? Ms. Warren: No, that's not correct. Commissioner Regalado: OK. The money that we allocate for this year has not been committed. Commissioner Teele: That's correct. Ms. Warren: That is correct. Commissioner Regalado: OK. Ms. Warren: A portion of it has been committed, but not all of it. Commissioner Regalado: Well -- not all of them. Not all of them. So, that's what I wanted to... Ms. Warren: I understand, from the NET Administrator, who coordinates the Lot Clearing Program, that... Mr. Manuel Diaz: He recognized me. Ms. Warren: Oh. Mr. Diaz: Manuel Diaz, NET Coordinator. Commissioner, we've already encumbered 32 February 10, 2000 around two hundred and twenty thousand dollars ($220,000) for the program this year, which means that we have 22 vendors and we've established open purchase orders; that we anticipate that two hundred and twenty thousand dollars ($220,000) -- at least that money -- will be used before the next -- before the end of the funding cycle. Commissioner Regalado: That's still under twenty, out of two hundred and seventy thousand. Mr. Diaz: That's the minimum that we will be using. Two hundred and twenty thousand dollars ($220,000) before the end of the funding cycle. Commissioner Regalado: What do you do with the money that you get back from owners of lots? Ms. Warren: We cut an owner's lot -- it's a code violation, which is why the City's cutting it. It goes through the public hearing process, that we would collect the money. When and if we collect it, it would go into a program income account that the Commission would then either allocate back to additional code enforcement and/or you could, again, designate it for other uses. That would be brought back at the point and time that those funds had been received. Vice Chairman Gort: Any other questions? Listen let me tell you. All the programs are here. They are very good programs. The problems that we have is sometimes the ones that have not being funded, who do we take it away from to give it to the unfunded ones, or the one that has not been recommended? Of all the decisions, Commissioners, that I've been here, the hardest decision I have to make, every time when it comes to CDBG funds -- I mean, we're going through hell in this City and it's not been as bad as it is because every one of the projects that are in here, they need it, we want them, and they should be, but we have to make a decision because we have 'X' amount of funds. So, gentlemen, we have to start making decisions. I personally looked up my districts and I needed some funds for some -- additional fund to provide for the senior citizens, and it was another program, and I took it away from that other program within the district, which I didn't think it was doing as much as they should. Commissioner Sanchez: That's exactly what I did. Vice Chairman Gort: So, that's one of the things that I'm doing in here. And what I would like, if the future, in you all agree, CDBG is something that, I think, we should have a meeting by itself. Next year, when we coordinate this, and not make it part of the regular agenda. I don't know if you all agree with that. Because this takes a long time. Commissioner Teele: Strongly agree with you, Mr. Chairman. Vice Chairman Gort: So, from now on, any time we have allocation of CDBG -- to deal with CDBG, we do it by itself. It will be an agenda by itself. Is that agreeable? Commissioner Regalado: Yes, it is. Commissioner Teele: Mr. Chairman, it's more than agreeable, but, again, what it also means is that we must stop fragmenting the process. I have no objections to public 33 February 10, 2000 services being held separately, but the problem -- in the box that we're putting ourselves in or the box we're putting ourselves in or the box we're being put in is that you really don't have holistic approach to the CDBG program. You really don't have the ability to take money from housing and put into Economic Development or take money from Economic Development and put into infrastructure or capital improvements, because of the way we've fragmented the process. So, I strongly support what you're saying, but I've got a series of questions that I need to have answered before I'm prepared. Because I think Commissioner Regalado has touched upon one of the issues that we've got to bring back into a policy focus because, you know, I led -- I spear headed, with Commissioner Plummer's support -- the efforts of Mayor Suarez and -- I don't for get which Manager at the moment we had then. I think it was Garcia Pedrosa -- that created the little bit of a mess we've created here, and I want to admit that it was the right thing then. It's the one hundred percent wrong thing now. If you'll recall, Commissioner Gort -- and I'm speaking primarily to you because you were the sort of institutional memory. Neither Commissioner Winton, nor Commissioner Sanchez were on the dais -- we were confronted, when I' was first elected in January, February, March, with a series of problems. The garbage was not being picked up. There were efforts about -- there were discussions it was sabotage. You remember all of those discussions? The garbage -- the lots weren't being cut. The NET offices were in shambles. There was politics -- alleged politics going on with the Manager's office of who was going to be the NET Administrator. And, essentially, the City needed one thing: To be cleaned up and to get going. I worked with Garcia Pedrosa and with the management in developing a series of initiatives, primarily in the area of Public Works, and the NET offices, in making large numbers of dollars available for those two activities. Public Works, for road or sidewalk improvement, and in the NET office areas. Commissioner Plummer then picked up on the Lot Clearing activity, but one of the things that we said right then and there is that these are municipal functions, and this is an emergency. This is temporary step that we're taking to try to intervene and get the City stabilized, because there had been this total instability going on in neighborhoods. Now, like in every other governmental program, what we're seeing is that everything is getting locked in. In other words, the Lot Clearing Program, which, quite candidly, is a great gray area in the CD process because, number one, it cannot be used outside of the CD target area. It cannot be a citywide program. And it began -- it immediately began to be implemented citywide. Without getting into any specifics, I can show you lots that were prioritized, that were clearly outside of the CD boundaries. And, so, we got into this usual series of discussions where, by now, a program that was sort of an emergency has been locked in, and the results, of course, is that what we've done now is, we've crowded out, if you will, legitimate Community Development activities that are functioning in the CD target areas that -- because we're "taking care of ourselves first," which I supported at that point. We need to get this City running; other wise, somebody is going to want to say, "Well, why have a City of Miami?" Now, we're crowding out the legitimate Community Development oriented projects and activities. When I review the fire budget, it's very, very clear to me that we're over funding departments in the last budget cycle. The fire budget, itself -- the City budget has a 95 percent collection rate, which is mandated by State law. That's citywide on all budgets. Then the Fire Department budget is saying that they are setting aside a reserve in their budget of 10 percent. In fact, the first document -- the first level of their budget shows that they are not going to spend 10 percent of the General Fund money that we're giving them. Well, if they are not going to spend 10 percent of the general fund money, then why are we subsidizing the City with about 10 percent of 34 February 10, 2000 the CD funds? It seems to me that the first thing we need to do is back out one hundred percent of the Community Development funds for city-wide and CD wide governmental activities, and have the government do what government is supposed today do. That emergency, that temporary action -- and, Mr. Clerk, I would charge you to researching the record, particularly for Commissioners Winton and Commissioner Sanchez, so that they can be as familiar with the dialogue and the discussion that went over about three or four months. So, what I'm going to be prepared to do is to essentially -- and I heard very clearly what he said, is that they've committed money, but they have not committed CD money. They committed vouchers and they've committed invoices or contracts. Those contracts can be served from either CD funds or general funds, and it's very, very clear to me, if what the Fire Department is doing is being done city-wide, then we've got 10 percent -- what was our carry over last year, nine million -- four million -- what was our carry over last year? Mr. Warshaw: About eight million. Commissioner Teele: Eight million dollars ($8,000,000) last year, which, by the way, contrary to what a lot of people were saying, cannot be used as carry over to balance the budget. It has to be reoccurring income, with reoccurring dollars. So, that eight million now winds up getting stuck in the strategic reserve or in some reserve category or activities and, then, I think the computers just under score the real idiocy of what we're doing. Now, we're saying on one end "we can't fund somebody to paint houses for old people," but, yet, we're funding computers with a governmental agency that's got an eight million dollar ($8,000,000) surplus that it can't use for reoccurring expenses, when those dollars for those computers could have been purchased out of reoccurring dollars expenses and everything would have been balanced. So, I would like to support, one hundred percent, the Manager's recommendation, and I would like to move, at the appropriate time, to support, one hundred percent, the Manager's recommendations, with the Community Development Advisory Board's recommendations, and then, I would like to move that the funds that have been made available for other governmental activities be analyzed, be studied, and that the entire CD hearing, as it relates to those activities that were not funded, be brought forward at a -- within the next two to three weeks. I don't want a fast .study. I want a thorough study; say the first meeting in March. In that way -- well, we've got... Ms. Warren: Second... Commissioner Teele: Well, the second meeting in March. Again, the point here is that we want a study. But I think Commissioner Gort is right. Commissioner Sanchez is right. What we've done is, we've set the economics -- the formulas up in a way that we're working against ourselves right now. And, so, rather than having what I see developing among two great friends here is a little bit of tension. There is going to be tension any time you let out money, and that's not necessarily bad. But I do think we should take the hands from being behind our back. Commissioner Sanchez: Why do you say that? Commissioner Winton: I seconded both motions. Vice Chairman Gort: A motion hasn't been made yet. No, but -- Commissioner Teele, 35 February 10, 2000 you are right. The administration in the past was never -- was intention to utilize CDBG funds to support general funds. The problem is, during that crisis, there were needs, so -- and I agree with you. That fund should be going, ultimately, to CDBG, and to help the community, and the process, I think we've improved it quite a bit, and we'll continue to improve it. Unfortunately, the problem is always the same. We get twenty million dollars ($20,000,000); we get a request for a hundred million dollars ($100,000,000). The math is there. Commissioner. Commissioner Regalado: Mr. Chairman, but that's not the point. The request is not the point. The point is that several weeks ago we reduced some of the budget of the Lot Clearing, some of the budget of the Economic Development Department. That is CDBG funding. So we're squeezing the community to fund the government. And then we can claim that we are moving forward, and, you know, it's very difficult because the administration does not make the decision of not funding important programs. This is why I request -- and I think it can be done. It is completely legal. It's completely appropriate to reduce some of these funding so we can bring it back in the public hearing. In the Social Service Category and in the housing category, I would support the motion to approve it, but if I may, either I would like to make another motion or an amendment to this motion reducing to a number... Commissioner Sanchez: To which motion, Teele's motion? Commissioner Regalado: Yes. Commissioner Teele: I haven't made a motion. Commissioner Sanchez: You haven't made a motion? Commissioner Regalado: He had made a motion... Commissioner Teele: I said at the right time. Commissioner Sanchez: OK. He hasn't... Commissioner Sanchez: Well, let me just elaborate on something... Vice Chairman Gort: Are you finished, Commissioner Regalado? Commissioner Regalado: I would like to make a motion to decrease the amount of Social Services by forty thousand dollars ($40,000) to consider those four programs. Vice Chairman Gort: Wait a minute. Let's go by -- Public Service. Commissioner Regalado: Public Service Program. Vice Chairman Gort: You want to decrease it by forty thousand dollars ($40,000)? Commissioner Regalado: Yes. Vice Chairman Gort: Whom will you take it away from? 36 February 10, 2000 Commissioner Regalado: From nobody. That's not -- that money has not been allocated because the RFP process has not been selected. Is that... Vice Chairman Gort: OK. Let me get the questions. What funds is available or is not being committed or no RFP has been set up? Ms. Warren: If you accept staff and Advisory Board recommendation, which you have a first and second on, you have nineteen thousand four hundred and three dollars ($19,403) of... Commissioner Sanchez: How much? Ms. Warren: Nineteen thousand four hundred and three dollars ($19,403) that has not been recommended or committed, that is available in the area of Public Service. You cannot exceed that amount. Vice Chairman Gort: I understand. You have nineteen thousand Public Service. How many you have in Economic Development? Ms. Warren: Under Economic Development -- and, again, it's up to the Commission. You can amend it. For economics development and housing for other moneys that are unspent -- allocate, there is a hundred and thirty-one thousand... Vice Chairman Gort: It has to be used for Housing and Economic Development. Cannot be used for Public Service. Ms. Warren: Correct. Commissioner Regalado: Right. Vice Chairman Gort: For Public Service, all we have is nineteen thousand dollars, OK? Ms. Warren: Yes, sir. Mr. Warshaw: Correct. Ms. Warren: And you also have fifty-eight thousand dollars ($58,000)... Vice Chairman Gort: From before. Ms. Warren: -- of the Commission set aside that has not been allocated.. Commissioner Teele: In what area? Ms. Warren: Anything other than Public Service. Commissioner Sanchez: Economic -- Social Service. Commissioner Teele: OK. But the motion -- Mr. Chairman, just so that we... 37 February 10, 2000 Vice Chairman Gort: the motion is... Commissioner Teele: Just so that we don't get ourselves -- if we're going take up Public Service, we need to take that up as one area. Vice Chairman Gort: That's what I'm doing right now. Commissioner Teele: And, then, all the other areas we take up... Vice Chairman Gort: That's what I'm trying to do, Commissioner Teele. See, his motion is requesting reduce it by forty thousand. If we reduce it by forty thousand, we have to take it away from someone. Commissioner Regalado: That has not been approved. That's recommendation. Vice Chairman Gort: That's what I'm saying. Who do you want to take it away from? Commissioner Regalado: I have some ideas that we can bring it on the public hearing on the 9th. Vice Chairman Gort: But right now we have to make an allocation, though. Commissioner Regalado: OK. So, I'm -- I will move that nineteen thousand be used to these four groups. It will be given to these four groups, and then we'll bring it back in the public hearing. That's in the Public Service category. In the Housing category... - Commissioner Teele: Hold it. Just... Commissioner Regalado: No, no. I'm not making a motion. I'm just explaining... Vice Chairman Gort: There is no motion. We're just listening right now. Commissioner Regalado: I'm explaining. Commissioner Sanchez: They're not candy in the pinata, you know. Commissioner Regalado: In the Housing category -- I remember, Joe, I took a hundred and seventy-five thousand dollars ($75,000) and still we have money available that you used for. Commissioner Sanchez: Fifty-eight thousand. Commissioner Regalado: Yeah. But you used twenty thousand, remember, of that money? So, what I'm saying is, I would like to fund twenty-five thousand for Model Housing; twenty-five thousand for Florida Housing out of that pool of money. Ms. Warren: OK. Well, maybe I can make a suggestion. Those two projects are housing. They are not Public Service. Commissioner Regalado: I know that. 38 February 10, 2000 Ms. Warren: So, that's another pot of money Commissioner Regalado: I know that. But I'm just telling the Commission what my ideas of a motion are because it has to be done in separate motion. My first motion will be for those nineteen thousand dollars ($19,000) to be considered for those four programs. Commissioner Teele: I would second the motion for the purpose of discussion, with the... Commissioner Regalado: That's in the Public Service category. Commissioner Teele: With the understanding that all four of these applied? Commissioner Regalado: Yes, they did. Commissioner Teele: All four of them applied? Ms. Warren: Who are the four agencies? Your public service agent? Commissioner Teele: That's his -- Commissioner Regalado: Integrated Delivery Systems Recruitment and Training Project, Sisters and Brothers Forever, and Casa, Inc. They all made presentations before the CDBG Board. Ms. Warren: Sisters and Brothers Forever are not eligible for federal funding. The other one? Commissioner Sanchez: They are not? Ms. Warren: No. Commissioner Regalado: What do you mean they are not? Ms. Warren: They are not a 501C-3. They do not have the pre requisite paperwork to contract with the City. Commissioner Regalado: I think they do Recruitment and Training Project. Ms. Warren: Recruitment and Training? Commissioner Regalado: Yes. But, any way, we can scratch that. Ms. Warren: We do not have an application from them. They did not apply under the RFP. Commissioner Regalado: He was here asking for that. Integrated Delivery Systems, you do not have an application because they tried and the process was closed. 39 February 10, 2000 Ms. Warren: They did not meet the RFP deadline. Commissioner Regalado: Exactly. But they can still be included. Ms. Warren: They cannot be included as a part of this RFP. Commissioner, if you want to consider them and if they qualify for contracting, the Commission would take the nineteen thousand dollars ($19,000), set it aside, and make that available for application, and if these agencies or others apply or not eligible, the Commission, at a future meeting, can do that. Am I correct, Mr. Attorney? Commissioner Regalado: OK. That would be the motion... Commissioner Sanchez: Why don't you make -- Commissioner Regalado: -- to set aside the nineteen thousand dollars ($19,000). Commissioner Winton: Mr. Chairman? Vice Chairman Gort: OK. Wait a minute. I have a motion. I have a second. Commissioner Sanchez: Second. Vice Chairman Gort: Discussion on this motion. Commissioner Winton. Commissioner Winton: I am, Commissioner Regalado; with all due respect, I'm not very enthusiastic about this process. I think we have a system that's set up and, frankly -- you know, this is my first go round through CD and... Vice Chairman Gort: Welcome. Commissioner Winton: Thank you very much. I'll bet, since I've been on this Commission, at least half the time that I've spent at Commission meetings has been on distribution of CD dollars. But I've watched the staff. I've listened to my colleagues, and I think that, while the process may not yet be perfect, and while the comments that y'all made about figuring out new way to get more money to the table, I think are really appropriate comments, the fact of the matter is, we do have a process that, seems to me, has worked pretty well. And the last thing I would like to see us doing is having the responsibility -- kind of like County Commission and their lobbyist -- suddenly the Commissioners individually responsible for doling out dollars. I don't want that responsibility. I think the fair process is, we have a system that is designed, that has requirements tied to that system, and everybody is on equal footing to get through that system, and if we get to the point where, at this end of the day, we, as individual Commissioners, are going to bring forward our favorite project or one that we think is more important than others, then I think we're turning the whole system upside down. I had no fewer than six agencies come to me and really plead with me to stand up at this Commission meeting and ask for additional funding, and I can tell you that, of those six -- at least six agencies that came -- there wasn't a single one of them that I thought had a lousy project or was doing a lousy job. I thought they were very good, and they were doing a good job. But the point I made to them is, I'm not going to support any, any request for additional funding that turns the system that we've got 40 February 10, 2000 upside down. And, so, with the extra dollars that we have available -- and that's what we're talking about, the unallocated dollars -- frankly, I think those unallocated dollars need to go through the same process, where there is a system. And we're going to, before the days up or before the next month, we might have a pool of dollars that could be a half a million dollars ($500,000), as opposed to a hundred and eighty dollars ($180), we might have three hundred or four hundred or five hundred thousand dollars ($5.00,000). But I think that all of those unallocated dollars ought to go back through the same system that is competitive in nature, requires people to meet deadlines, there are certain rules and regulations that have to be followed, and I think that's what we should stick to. Commissioner Regalado: If I may just -- Mr. Chairman, just... Vice Chairman Gort: OK. Excuse me. Let's not go back and forth among ourselves. Commissioner Regalado: Mr. Chairman, just clarification. If the system is so perfect... Commissioner Winton: I didn't say perfect. Commissioner Regalado: Well, you said good. If the system is so good, why do we keep deferring? Because no public hearing has been held, no meeting has been taken place. We have a problem with the system. Johnny, not only that, we have a problem that we're using -- we are neglecting our responsibility because we're using money that belongs to the people in City government, and if we keep doing this, we will be killing the agency with friendly fire. Commissioner Winton: But that's a different issue, Commissioner Regalado. I'm... Commissioner Regalado: No, it's not. No, it's not a different issue. Commissioner Winton: But that's a different issue, Commissioner Regalado. Vice Chairman Gort: Excuse me. Gentlemen, gentlemen, excuse me. Commissioner Regalado: No, it's not. No, it's not a different issue. Vice Chairman Gort: Gentlemen, excuse me. Commissioner Regalado: No, it's not a different issue. Vice Chairman Gort: Excuse me, gentlemen. I'm not going to have a debate back and forth in here. Let's clarify that the (inaudible) Mr. Attorney, my understanding is, the statement has been made here that funds are being used illegally. My understanding has always been that the funds that have been used by government have been legally done. Do you have a response to that? Mr. Alejandro Vilarello (City Attorney): I certainly don't have a response to it. I'd have to look into it to determine -- Vice Chairman Gort: Will you look into it, please, so you can come back and let us 41 February 10, 2000 know later on? Thank you. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Teele: You know, I don't know -- respectfully, Mr. Chairman, I don't know why you would reduce the discussion between Commissioners Winton and Regalado in a respectful way because I think -- you know, we don't get to talk outside of the sunshine, I mean. And the only time we get to express our views is here, so I learned and at least try to understand the perspective that my colleagues have, and while I certainly don't intend to ever be a yes man, I really respect what each of my colleagues are saying. I'm particularly concerned that all of a sudden now, the notions of a contingency, which has always .been built up, which we set up and we say to staff, traditionally, don't allocate all of the money. Give us something to do or give us some ability to make maneuvering here, is now something that we want to like formularize for the whole thing. I don't have a problem with that, but I do have a problem with one concept. If a system, whether it be a machine or people, whether it be management or a consultant, is going to make the decision, then we don't need to be involved in it. So, I'm not prepared to concede my authority or my power to the Community Development Advisory Committee, the Manager, the staff, an outside consultant or the Mayor or anyone in that regard, and I jealously regard the legislative power of this body or any body that I'm a part of to make the legislative decision. We are here to hear what the public is saying. We're here to look at something, quite frankly, that we haven't looked at yet, and that is the issue that Commissioner Sanchez said. Because I do think we have to be concerned about citywide issues,.but, at the same time, I want to make sure that a representative amount of dollars are going into each.of the CD target areas, and that was one of the things that we've asked the staff to provide us. As a matter of procedure, I renew that question. I need to know, within the CD target area, as it relates to these dollars, how those dollars are being spent? Because I may not represent Allapattah, but when I go to look someone from Allapattah in the eye, I want to know that I've, at least, tried to do this right thing by Allapattah, as an example, or Coconut Grove as a better example, or any other area of this City. So, I'm very much unprepared to finalize this, until I know exactly, by area -- that is, housing, Economic Development, et cetera -- how much money, in relative percentages -- and in relative percentages, how much does it generate? One of the things that Commissioner Sanchez said that I wanted to try to correct, you cannot take arithmetic expression of dollars and equate that to a target area, because the minute you take dollars off the top for staff, dollars off the top for compliance, for oversight, dollars off the top for significant project, and otherwise, then the numbers are going to get distorted. But I agree, one hundred percent with the principal that Commissioner Sanchez started out with, and that is the fact that we do need to know -- we don't need to do -- try to do this on an arithmetic expression. We don't need to try to make sure that the area that generates 27 percent gets back 27 percent, but we do need to take knowledge of how those funds are being expended, and I'm very, very interested -- and I see you all have that, maybe? We just hadn't asked for it? Ms. Warren: At the last Commission meeting -- Vice Chairman Gort: Yes. It's been there. 42 February 10, 2000 Ms. Warren: We've provided you all of the breakdowns by district -- Commissioner Teele: No, no, no. No, no. Ms. Warren: And by target area. Commissioner Teele: Yeah. I'm very interested in knowing the Manager's and the Community Development's recommendation for this year -- Ms. Warren: OK. Commissioner Teele: -- by target area, in terms of the percentage of the target areas that they generate, and the percentage that they are receiving. That will account for the overall citywide functions, etcetera. Ms. Warren: Commissioner, what we've provided you is, one, just a friendly reminder, in the consolidated plan, when we went through the city-wide plan, the first thing that the -- we did was the CD target areas, as previously known, no longer exist. The CDBG target areas were established in 1974. It was established when there were only certain pockets of poverty in the City of Miami. Based on the 1995 mid decade census adjustment, the City of Miami, in total, has a 52 percent poverty rate. With the exception of certain census tracks, the whole City of Miami iseligible eligible CDBG moneys. What the Commission directed is that we abolish the target areas; that because we -- Commissioner Teele: When did the Commission direct -- Ms. Warren: As a part of the consolidated five year plan, the City -- and because of our increased poverty level and because of our increase incidents of seniors on fixed income, the CDBG target areas were abolished. Additionally, as a result of the fact that the City went to Commission districts, staff was directed to allocate money, and provide the formula by district. We have provided you the CDBG allocations generated by Commissioner district. We have also provided... Commissioner Teele: How do you account for the areas that are not CD eligible? Ms. Warren: The CDBG allocation -- again, the federal formula is in here -- is done by census track; the number of individuals below the poverty level in census tracks, adjusted by the housing stock. Commissioner Teele: Ms. Warren? Ms. Warren: Yes, sir. Commissioner Teele: I'm asking a very precise and simple question. Ms. Warren: Correct. Commissioner Teele: How does this formula distribution -- because the districts are based upon... 43 February 10, 2000 Ms. Warren: Geographic. Commissioner Teele: No, ma'am. The districts are based upon federally court - mandated relating to voting right issues, relating to population. Ms. Warren: Correct. Commissioner Teele: Not registered voters, but population. Ms. Warren: Correct. Commissioner Teele: OK. If you have areas of the City that are not eligible for Community Development funding, how are we accounting for those areas --? Because what you would suggest, then, would be something totally -- I just need to understand. How does this -- does this formula account for the non -eligible areas? Ms. Warren: Yes, it does. Commissioner Teele: How was that calculated? Ms. Warren: We have an adjustment ratio. It's the federal formula is done by census track. What we did was, we looked at each district. We identified the census tracks in that district. We took any prorated shares that overlapped districts. We did a formula adjustment. We backed into the three issues that are relative to the drawing of funds, which is poverty, housing density, and overcrowding within inside its census track. We then used the same federal formula -- HUD gave us the adjustment factor by district, because it's done by census track. We just figured out which ones were in your district, which portion of the population, based on the mid -decade adjustments, ran the formula. Commissioner Teele: At a later date, could you just provide me with the distortions... Ms. Warren: It's right here. Commissioner Teele: ...that are by district? What percentage of my district is CD eligible? That's the question. Just give me the five districts. What percentage of those districts are eligible? Vice Chairman Gort: Your whole district is. Ms. Warren: What I would... Commissioner Teele: No, that's not true. Ms. Warren: Again, we would take your district; we would look at your census track in your district, and apply the formula, and then do the adjustment. Commissioner Teele: Ms. Warren, we have five districts. Ms. Warren: Yes, sir. 44 February 10, 2000 Commissioner Teele: In district 1, what percentage of the district is not CD eligible, if we are using that formula? Ms. Warren: What I could, again... Commissioner Teele: And why are we electing target area representatives then? Ms. Warren: The City Commission, again, based on the... Commissioner Teele: I don't mean to -- that's another issue. I should have that discussion with you in a meeting. I really -- that's not fair to... Ms. Warren: In your package, however... Vice Chairman Gort: Commissioner Teele? Ms. Warren: ...there is, based on the formula, which percentage of the federal funds that come in, are based on the census tracks in your district. And to give you that information... Vice Chairman Gort: Ms. Warren, excuse me. Let me tell y'all, Commissioner Teele, it's not my intent not to allow any of my colleagues here to express their opinion. What I was trying to do is not to go into debate back and forth because there are other Commissioners here that would like to speak. I, personally, have some problems, I have some questions, but because I'm the Chairperson, I've got to leave the right to everybody else to do so. So, it's not my intention -- and I don't want either one of you to interpret it as being disrespectful to you. I do listen to the opinions, but I think, I don't want to go into debates trying to convince each other, because we could spend all night in here. I think each one of us has our own opinions, and we'll stress it. Commissioner Regalado: But, Willie, there's no debate. I just was trying to make a point because this is the most difficult process to understand. But my point is that we have money that has not been allocated. That's my point. And that's -- from the beginning, I've been saying that. Vice Chairman Gort: I think we all agree on that. For example, I have a project, Children's Psychiatric Center. They were recommended fifteen thousand last year. This year it's not recommended. They are providing a service and want to expand the service. That's one that I'd like to include. Commissioner Regalado: Which brings me to what I said. There is -- this has not been approved yet. Vice Chairman Gort: What I'm saying is, we have to make a decision today and we have to cut -- fish or cut bait, like they used to say here. Commissioner Sanchez. Commissioner Regalado: OK. So... Commissioner Sanchez: Can I just put something out on the table? Let's vote on approving it. If we have any transfers that you want to do within your district to any organization that you think is needed in your district, we'll make it today. Any other 45 February 10, 2000 money that's left over with the public service, Community Development, and the Social Services, we'll put them on the side and just with the ones that were left out apply for it, and it's fair. Because, you know, the problem here is where we deviate from the rules and regulation that's are set forth is when we create the problem. So, let's make it fair. Let's take all that money aside. If you have any transfer, like I have two that I want to do, that I think are fair in my district, and I take from nobody's district because I'm not going to look at it today as percentage in numbers. I'm going to look at it, as human beings needed services. They'll come a time when I'll bring back the numbers. Commissioner Regalado: That's what I was trying to do, because, I mean, there is no - - none of these programs were in my district. Commissioner Sanchez: I have a question. Commissioner Regalado: No. Commissioner Sanchez: And I'm going to support you're on what you're going to do. Commissioner Regalado: I -- when you... Commissioner Sanchez: So far, from what you've shown me... Commissioner Regalado: When you took away twenty thousand dollars ($20,000) for Catholic Charities, I supported you. And we took it from somebody else. Vice Chairman Gort: Gentlemen, we have a decision to make. It's 11:36. We've been at it since 9:30. Commissioner Sanchez: Motion. Motion... Vice Chairman Gort: What's -- we have a motion on the floor right now. Commissioner Sanchez: No, we don't. Teele never made the motion. Vice Chairman Gort: Yes, we do. It's a motion and a second. Commissioner Regalado: Yes, we do. Vice Chairman Gort: It's a motion and a second. Commissioner Sanchez: Teele, did you make that motion? You never made that motion. There is no motion... Vice Chairman Gort: Regalado made a motion and it was seconded for discussion purposes. Will you read the motion? Commissioner Sanchez: Which motion was that? Commissioner Teele: Mr. Regalado made a motion. 46 February 10, 2000 Commissioner Sanchez: Which motion was that. Commissioner Regalado: My motion lis to set aside on the public service area, the nineteen thousand dollars ($19,000) that are not allocated, in order to fund other groups. That will be my motion. Vice Chairman Gort: Friendly amendment. Commissioner Regalado: No, not four. Not those four. Anyone that would apply. Commissioner Sanchez: Anyone that would apply for it? Commissioner Regalado: Anyone that would apply. Commissioner Sanchez: Second. Vice Chairman Gort: Second. The friendly -- there has been a motion and a second already. The friendly amendment to that is, whatever other funds that you can find that will fit this category, please put it into it. Because there are a lot of the -- like the ones I have in here, I'd like for them to have the opportunity to apply. Ms. Warren: Yes, sir. Vice Chairman Gort: Is the motion understood? Commissioner Sanchez: Yes. Vice Chairman Gort: OK. All in favor state... Commissioner Winton: Let me ask one question on it. Would it include -- or maybe y'all answered this, and I'm sorry, I don't remember the exact answer. But when Commissioner Teele was talking about another pool of CDBG funds that may be available, maybe it's tied to the Lot -Clearing thing, wasn't it? Ms. Warren: Under this particular category... Commissioner Regalado: Yeah, but we cannot use that for Public Service. Commissioner Winton: We can't use it. OK. That answers... Commissioner Regalado: We cannot use that for Public Service. This is only nineteen thousand, plus what you're going to find -- Mr. Warshaw: That's correct. Commissioner Regalado: -- and bring it back. Vice Chairman Gort: They are restrictive funds. They have to be used within those restrictions. OK. Is that understood? Commissioner Winton: Yes. 47 February 10, 2000 Vice Chairman Gort: All in favor state by saying "aye." The Commission (Collectively): "Aye." Vice Chairman Gort: No nays. The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 00-123 A MOTION SETTING ASIDE $19,000 OF TWENTY FIFTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS DESIGNATED FOR PUBLIC SERVICE AGENCY, WHICH WERE NEITHER PREVIOUSLY RECOMMENDED OR COMMITTED BY COMMUNITY DEVELOPMENT STAFF, AND MAKE SAID FUNDS AVAILABLE FOR APPLICATION TO THOSE ELIGIBLE AGENCIES; FURTHER DIRECTING THE ADMINISTRATION TO BRING SAID ISSUE BACK THROUGH A PUBLIC HEARING PROCESS, FOR CONSIDERATION AT A FUTURE COMMISSION MEETING. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Vice Chairman Gort: Now we go to the motion to approve... Commissioner Regalado: I have a second motion, Mr. Chairman, on the Housing category. Vice Chairman Gort: All right. Let's finish with the public. We haven't approved the recommendation. Commissioner Regalado: I know. That's why I'm trying to do the... Vice Chairman Gort: We have to -- no, we have to put it on public first. Commissioner Regalado: No. I have to... Vice Chairman Gort: We haven't approved it yet. 48 February 10, 2000 Commissioner Sanchez: Willie, if we're going to transfer from an organization to another, we can approve it now until we do that modification. Commissioner Regalado: Exactly. Commissioner Sanchez: Is that correct? Vice Chairman Gort: No. Ms. Warren: You could do that now. What you've basically agreed is to set aside the nineteen thousand, and now you can do anything you want with inside what .you did approve. Vice Chairman Gort: Within what's been recommended by the administration, we can do whatever we want and vote on it. We need to vote on this, unless you guys want to delay the day and go through another session. Commissioner Regalado: No, no, no, no, no. I just want to ask, how much of the housing category is not allocate now? Ms. Warren: A hundred and thirty-one thousand. Commissioner Regalado: OK. Then I want to set aside that money for future programs and processes. Vice Chairman Gort: I tell you what, why don't you make a motion. All the funds left over to be set-aside for future. All of them. Mr. Warshaw: They are already set aside. Vice Chairman Gort: OK. And one motion... Commissioner Teele: I don't -- you know what? Commissioner Regalado: You can't vote on Public Service and... Commissioner Teele: Are we through with Public Service? Vice Chairman Gort: No, we're not, but they want to come into other areas... Commissioner Teele: Why are we going into other things? Why don't we finish public service? Vice Chairman Gort: That's why I'm saying, we need to vote on Public Service right now, or you don't want to vote on it? And what's recommended by the staff. I'm asking you all. Commissioner Teele: I support the staff's recommendation. I thought we were going to do that. Commissioner Winton: I thought you made a motion. 49 February 10, 2000 Commissioner Teele: I moved to support the staffs recommendations, as modified by the Community Development committee, or... Commissioner Sanchez: Or the Commission. Commissioner Teele: Huh? Commissioner Sanchez: Or -- we could modify it, too. Commissioner Teele: No, no. I'm moving the staff's recommendation, as modified by the Community Development Committee, for the purpose of -- Vice Chairman Gort: There is no money there. Ms. Warren: The first motion you made, if you take staffs recommendation... Commissioner Teele: I move the staffs recommendation. Vice Chairman Gort: No, no. Ms. Warren: Then that will allow you to do you're. Commissioner Winton: Second. Vice Chairman Gort: OK. Amendments. Discussion. Go ahead, sir. Commissioner Sanchez: Open for discussion. Commissioner Teele: Amendment. Vice Chairman Gort: Go ahead, sir. Commissioner Sanchez: My discussion is that, after we vote on it, I can make two transfers from one fund in my district to an organization. Vice Chairman Gort: No, no. You have to put it in... Ms. Warren: You want to do... Commissioner Teele: If you're going to do that, you need to do it now. Commissioner Sanchez: Well, then, I'll -- it's an amendment to it. I would like to transfer from the Spanish American Basic Education Rehabilitation, Inc. Thirty thousand dollars ($30,000), going to Lions Home for the Blind, and ten thousand dollars ($10,000) going to S E R Jobs for Progress in my district. So moved. Ms. Warren: To second. Vice Chairman Gort: Any amendments? Any other amendments in Public Service? 50 February 10, 2000 Commissioner Teele: As an amendment to the motion, I would... Vice Chairman Gort: I have one. Ms. Warren: Informational. Lions Club did not apply. They are not a part of the RFP process. Commissioner Teele: Commissioner Sanchez: Well, Gwen... Commissioner Teele: Yeah. But you know what? I've got to say this. Commissioner Sanchez: Well, let me... Commissioner Teele: Because I'm going to say something. I want Commissioner Winton to hear that. The reason for having a public hearing is that the RFP doesn't lock anybody out. It locks a process in. The process is decided right here and right now. It's not decided through an RFP, and I heard everything that you said. I respect what you're saying. If you don't want to support allowing a process beyond the RFP, but every time we allow CD funds, it means we need to do that -- starting with the City, and we don't do that with the City. So, if we're going to do a process, it's my view that the process should lock in the vast majority of dollars, but if a Commissioner wants to allow an organization in his district or citywide, we have that right to do it. Now, as a matter of the CD rules -- that's why people get to come in. That's why you have the notice to the world. And I just want it to be very clear that I hear what you're saying, Commissioner Winton, but I do think that Commissioner Sanchez and the process are not being served, if he knows how his district should be operated, and they have come sand made an application. It's subject, however, to them being eligible and them being financially responsible by the staff. And I just wanted to clarify that. Commissioner Sanchez: Yes. Ms. Warren: What I would recommend, Commissioner Sanchez, if you want to do what you need -- Commissioner Sanchez: Wait, hold on. Hold on. Yes. Commissioner Teele yielded to me. Gwendolyn, how would I go about doing this? You know the situation that we're in. You were briefed on it. They had a change of administration through the process. We brought in some new people. Barbara, you know the situation. Your office sent someone over there. You know the situation. Ms. Warren: What I would recommend is that the Lions Club is currently a sub contractor. What you -- in order to accommodate your motion and have the current RFP process be consistent, you would decrease the organization by thirty thousand and then you would recommend that Lions Club's current contract be increased by thirty thousand and that the City do a public notice, and bring it back at the next Commission meeting. That would be the proper way for you to increase the Lions Club contract, but... 51 February 10, 2000 Vice Chairman Gort: That's your amendment. Commissioner Sanchez: That would bring my amendment with a motion to what you said. Ms. Warren: That would allow you to do what you wanted to do, without... Commissioner Sanchez: There is a motion on... Vice Chairman Gort: OK. I have an amendment. Anybody else? We could do it the second... Ms. Warren: The second -- you can do it. Commissioner Sanchez: OK. The second 10,000 also included in my motion. Vice Chairman Gort: OK. I have a -- anyone... Commissioner Teele: I accept the amendment to... Vice Chairman Gort: Anyone else? OK. My amendment is to reduce Dominican American National Foundation by fifteen thousand, and the Allapattah (inaudible) applied for it? No? Ms. Warren: It would be the same. Vice Chairman Gort: The same subcontract for the additional... Ms. Warren: It would be the same situation. We would bring it back at a future meeting. Vice Chairman Gort: I'll make that amendment. Commissioner Teele: I would second the amendment and have (inaudible) Vice Chairman Gort: It's been second. Any additional amendments? Commissioner Regalado: Yes. Vice Chairman Gort: Go ahead, sir. Commissioner Regalado: On district 4, the Spanish American Basic Education and Rehabilitation with ninety thousand dollars ($90,000) -- this is in district 4. Ms. Warren: Yes, sir. Commissioner Regalado: I would take twenty-five thousand and move it to Southwest Social Services, additionally. Ms. Warren: So, if I'm understanding you correct... 52 February 10, 2000 Commissioner Regalado: Increase twenty-five thousand dollar ($25,000) out of the Spanish American Basic Education and rehabilitation, and move it to Southwest Social Services. Ms. Warren: Yes, sir. Mr. Warshaw: We can do that. Vice Chairman Gort: All right. With those amendments, any additional? Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Teele: Did you do the amendment regarding Recruitment and Training Program? Commissioner Regalado: No, I did not. They wouldn't let me. Commissioner Teele: Why? Commissioner Regalado: Because they didn't... Commissioner Teele: OK. Yeah. But that's not in your district, but it's in mine. Commissioner Regalado: Well -- and -- you see, what we're doing now -- Commissioner Teele: Well, I... Mr. Commissioner Regalado: -- what you didn't -- when you guys... Commissioner Teele: No, no, no. What, me? Commissioner Regalado: No, no, not you. Not you. Commissioner Teele: I've never -- no, no, no, no. Let me tell you something. I'm elected to represent my district... Commissioner Regalado: I know. Exactly. Commissioner Teele: You know, and I'm not about to concede that. Commissioner Regalado: That's what I'm saying. That's what I'm saying, that those recommendations are only that, recommendations. Commissioner Teele: They are recommendations, and we're... Commissioner Regalado: And we don't have to go with it. I mean, we don't have to rubber stamp anything that you guys want. That's what I was saying from the beginning. So, this is why I said that. 53 February 10, 2000 Commissioner Teele: Mr. Chairman -- and on my motion, I would move the Recruitment and Training Program for five thousand dollars ($5,000) by reducing JESCA (James E. Scott Community Association) by twenty-five thousand ($25,000), the Haitian American Foundation by one thousand. That's the employment. And the Haitian American Foundation by fifteen hundred dollars ($1500) on the child abuse, to provide for the Recruitment and Training program as outlined today. Commissioner Sanchez: Second. Ms. Warren: Commissioner, can I make a recommendation? Commissioner Teele: Subject to them being eligible and an application being filed that's satisfactory to the staff. Vice Chairman Gort: The amendment has been moved and second. Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." Vice Chairman Gort: No nays. 54 February 10, 2000 The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 00-124 A MOTION RECOMMENDING A DECREASE IN THE ORIGINAL ALLOCATION OF $100,000 FROM TWENTY- FIFTH YEAR CDBG ALLOCATION TO SPANISH AMERICAN BASIS EDUCATION AND REHABILITATION, INC. AND INCREASING BY $30,000, THE CURRENT CONTRACT TO LIONS HOME FOR THE BLIND; FURTHER, DECREASING SAID ALLOCATION TO THE SPANISH AMERICAN BASIC EDUCATION AND REHABILITATION, INC. AND RECOMMENDED $10,000 BE DESIGNATED TO SER JOBS FOR PROGRESS; FURTHER RECOMMENDING A REDUCTION IN THE ALLOCATION TO DOMINICAN AMERICAN NATIONAL FOUNDATION BY AN AMOUNT OF $15,000, AND DESIGNATING SAME TO ALLAPATTAH COMMUNITY ACTION ELDERLY MALE'S PROGRAM; FURTHER DECREASING ALLOCATION FROM THE SPANISH AMERICAN BASIS EDUCATION AND REHABILITATION, INC. BY AN ADDITIONAL $25,000, AND TRANSFERRING SAME TO SOUTHWEST SOCIAL SERVICES; FURTHER RECOMMENDING A DECREASE IN THE 25TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ALLOCATION AWARDED TO THE HEREINBELOW LISTED AGENCIES BY THE FOLLOWING AMENDMENTS: 1. JAMES E SCOTT COMMUNITY ACTION AGENCY - $2,500 REDUCTION. 2. HAITIAN AMERICAN FOUNDATION (EMPLOYMENT PROGRAM) - $1,000 REDUCTION. 3. HAITIAN AMERICAN FOUNDATION (CHILD ABUSE PROGRAM) -$1,500 REDUCTION. FURTHER RECOMMENDING AN ALLOCATION OF $5,000 BE PROVIDED TO RECRUITMENT AND TRAINING PROGRAM, TO BE BROUGHT BACK THROUGH A SCHEDULED PUBLIC HEARING PROCESS, AT THE NEXT COMMISSION MEETING. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. 55 February 10, 2000 Vice Chairman Gort: OK. Now, we go to the next -- now, those agencies that were not funded, recommended, there is going to be a pot, which is, you're going to have an opportunity go back into it again. Commissioner Sanchez: OK. Let's vote on it. Vice Chairman Gort: We already voted on that. Now, comes to Economic Development. Commissioner Regalado: The housing motion to set aside fifty thousand dollars ($50,000) of the unallocated money from the housing category. Commissioner Teele: Well... Ms. Warren: To set it aside? Commissioner Regalado: Yes. Commissioner Teele: How much has been set aside? Ms. Warren: There is a hundred and thirty-one thousand dollars ($131,000) that has not been recommended. Commissioner Teele: I want to make a strong plea here to the Commission. I have three or four major concerns, but two of them, I think, we need to take note of. The St. John CDC (Community Development Corporation) made one argument that I don't anybody can argue against. In all of Overtown there is only one set of houses that have been built new. We've spent twenty, thirty million dollars ($30,000,000) -- Mr. Manager, would. you provide, with Commissioner Winton, please, the amount of money of CD funds that have been spent, Section 8 and Mod Rehab, and all those dollars to maintain Overtown like it is. It's going to add up to more than twenty million dollars ($20,000,000) to people to just fix up building that never should have been fixed up. That's what has been the City policy. There has been one project that has been built new in the heart of Overtown, excluding Poinciana Village, and that is the St. John CDC project -- the -- what is it, 25, 40 units. They pay taxes in excess of forty thousand dollars ($40,000) a year. Now, just put that aside for a minute. On the other hand, we have funded St. Johns; St. Johns competed for a large parcel of land, which the City awarded them five years ago, four years ago, which is now the lots in front of the Arena. They won the development rights. You know, whether you agree with it or not, they won it fair and square. That's their deal. That's the so-called Lyric Village. So, we, the City, have committed to them in land, which probably has a value of five, six, seven million dollars ($7,000,000). Pick a number. On top of that, the Dade Community Foundation has designated them to receive fifteen scattered site lots all over Overtown, as the developer to build, at no cost to the taxpayers, at no cost to the City. And what we've done in this recommendation is that they have historically gotten fifty thousand dollars ($50,000) a year for administration -- of housing. We basically have zeroed them out. Now, I was unaware that they had a technical assistance problem. I understand that it was -- you know, we obviously are frustrated with the lack of development, but we're frustrated with the lack of development in Park West and a lot of areas. I just think that it's almost a statement of -- we're working against ourselves, as a governmental body, Ms. Warren -- and I 56 February 10, 2000 0 don't -- this is not personal. But we've got to look at the total picture here. If we hadn't committed this land track to be developed to them -- I'm talking five years ago, six years before I was ever elected -- it would be a different story, but I would think that one of the agencies that has got to be put back in the funding stream -- sand maybe, if there is a management issue, I'd like to know, Ms. Warren, what's your concern there? Ms. Warren: My recommendation is that they be given the same consideration as the other two agencies who have not completed any development of reason, and they be given the technical assistance, fifty thousand dollars ($50,000), exactly the way the other two groups were, and that would solve the issue. Commissioner Teele: You don't have a problem with that? Ms. Warren: No, I do not. Commissioner Teele: And that would go through whom? I mean -- so, they would get the technical assistance -- Ms. Warren: They would get an additional twenty-five thousand to match what they currently have been authorized. It would make them whole, and staff would then assist them and monitor their progress, and hopefully, these projects will get off the ground. Commissioner Teele: Now, would this be consistent with the way Commissioner W inton's? Ms. Warren: Yes, it would. Commissioner Teele: Well, I would respectfully so move that, Mr. Chairman, as a separate line item relating to the Housing. Vice Chairman Gort: That's when it comes -- when it comes to the housing, we'll put that in. Are we in Economic Development right now or Housing? We're in Housing. Commissioner Regalado: No, no, no. We are in Housing now. Vice Chairman Gort: We're Housing. Commissioner' Teele: I thought we were in all of it. Commissioner Regalado: We are in all of it. If we approve number two, we're approving everything. Ms. Warren: Can I make a... Commissioner Regalado: Another amendment... Ms. Warren: Florida Housing. Commissioner Regalado: -- to extend Florida Housing and Model Housing... 57 February 10, 2000 Ms. Warren: Florida Housing and St. Johns would be in the same category. They would be the technical assistance category. Commissioner Regalado: I move to -- the amendment would be to extend Florida Housing and Model Housing contract. Vice Chairman Gort: My suggestion in the technical assistance, whatever assistance y'all can give, get the successful... Ms. Warren: I'm sorry. I'm sorry. Staff just corrected me. It is model housing that did apply, would be in this category, and Florida Housing would come back through the RFP process in March. It's just the reverse. Commissioner Winton: So, repeat that so I'm clear. Ms. Warren: Model housing would be eligible for technical assistance, the same as St. Johns, and Florida Housing did not apply. They would come back with the set aside money, if you chose to be at the future meeting. Commissioner Regalado: OK. Vice Chairman Gort: All right. Commissioner Regalado: That would be my amendment. Vice Chairman Gort: Another suggestion also is, do we have two or three very successful agencies, to please give support to these agencies. Maybe you can create some kind of committee, which could work with each other. OK. Let's go to the motion. Commissioner Teele: Is there a motion on the floor? Vice Chairman Gort: The motion on the floor was to set aside the -- what do we call that? -- unallocated funds for future use for us to pass a motion recommending -- staff recommendation, with the amendments. Ms. Warren: With the amendments. Commissioner Teele: My amendment was that the St. Johns be afforded the. Ms. Warren: Technical assistance. Commissioner Teele: -- the technical assistance in the amount of twenty-five thousand dollars ($25,000), which would match -- you said they have twenty-five thousand? Ms. Warren: Yes, sir. They would get their full administrative allocation, but... Commissioner Teele: So, they would have their full administrative allocation. And that the staff would develop a set of goals and objectives for them and everyone else, 58 February 10, 2000 that they can either meet or not meet. You know, objective goals. Vice Chairman Gort: OK. Further discussion? Ms. Warren: And Commissioner Regalado had the same for Model Housing. Vice Chairman Gort: Right. Commissioner Regalado: Right. Vice Chairman Gort: That amendment has been moved, second. Discussion. Commissioner Teele: Call the question. Mr. Vilarello: Mr. Chairman, just to be clear. That reduces the unallocated one hundred and thirty-one thousand by the fifty thousand? Vice Chairman Gort: Right. Commissioner Teele: By 50 or 75? Ms. Warren: It would be fifty thousand for dollars. Vice Chairman Gort: Fifty thousand. Right. OK? All in favor state by saying "aye." The Commission (Collectively): "Aye." Vice Chairman Gort: Nays? No nays. The following motion was introduced by Commissioner Regalado, who moved its adoption: MOTION NO. 00-125 A MOTION RECOMMENDING AN ADDITIONAL ALLOCATION OF $24,998 TO ST. JOHN COMMUNITY DEVELOPMENT CORPORATION OUT OF THE $131, 000 UNOBLIGATED FUND AMOUNT PRESENTLY EXISTING IN THE HOUSING CATEGORY FOR TECHNICAL ASSISTANCE TO SAID AGENCY; FURTHER INSTRUCTING THE CITY MANAGER TO DIRECT THE STAFF OF COMMUNITY DEVELOPMENT TO DEVELOP A SET OF OBJECTIVES AND GOALS THAT ALL AGENCIES COULD MEET; FURTHER RECOMMENDING AN ADDITIONAL ALLOCATION IN THE AMOUNT OF $24,998 TO MODEL HOUSING COOPERATIVE OUT OF THE UNOBLIGATED $131,000 BALANCE EXISTING IN THE HOUSING CATEGORY, WHICH WERE NEITHER RECOMMENDED NOR COMMITTED BY COMMUNITY DEVELOPMENT STAFF. 59 February 10, 2000 Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes, sir. (At this point regular Commissioner Regalado leaves the Commission chambers at 11:53). Commissioner Teele: Now, on the issue of Tri -City. It was my understanding that they had very good evaluations, et cetera; that they were not put on notice, but the reason is that this conflicts with the City program or that this is overlapping a City program. Ms. Warren: Yes, sir, in essence. The issue was that the program was duplicative and it was the cost involved, and that we could provide the same services -- cheaper directly to the residents, but, again, their evaluation, they had no problems. You have funded them through March. The additional half of their funding for the year would be fifty-seven thousand, which would be their full year allocation, and, again, those moneys are available. It's up to the Commission. Commissioner Teele: I would move the fifty-seven thousand for the purpose of completing the funding for this year, with an understanding -- but I wanted to say one thing. Everything that we have heard to this date on the City program has been totally unsatisfactory. We asked specifically for a Commission meeting on nothing but the City program. I went to a lady's house the other day that -- I must tell you, if HRS (Department of Health and Rehabilitative Services) or someone should go in there and -- it's on 46 Street, in the 900 Block of 46 Street. This home, which has been torn up for two and a half, three years, the lady doesn't have a bed to sleep in; the roof is wide open. I mean if any normal person went in there, they would have a nervous breakdown. I would have a nervous breakdown. Vice Chairman Gort: That's the Loan Program. Commissioner Teele: But it's a City administered program. Vice Chairman Gort: Right. Commissioner Teele: What I'm trying to say is, because Tri -City is doing something in competition with the City, doesn't mean they should be knocked out. Maybe the 60 February 10, 2000 City should be knocked out. I'm not making that judgment. Ms. Warren: This is not the same program. Commissioner Teele: I understand, but a program of providing housing support to the elderly is a program providing housing support to the elderly. We have requested three times that we notice and advertise and provide a list in the newspaper of all of the programs that are under the City program, that we also ask that you all provide a notice asking people that have applied to make themselves known to you, because there appear to be series of files that have fallen between the crack, and I would invite the Manager or Commissioner Winton -- Commissioner Gort, this is adjacent to your district -- I would invite you to go to 900 46th Street, and look at this lady's house. It has been this way for over two years. I mean the house is not livable. Someone should fine the City or hold -- the Health Department should hold us accountable. We can't have people living like that. So, my only point is this. We have a program that has worked. There has been no -- there is not an issue that the program does not meet goals. I understand the concern about financing. I would like to at least have a phasing out of the program, if that's what we're going to do, that it be done orderly, and that -- will you all come back in 90 days and tell us -- and have a public hearing on Tri -City, so that we can focus in on that? But, in the meantime, I'm requesting that the program be at least funded through the end of the year. Do you object to that? Ms. Warren: Absolutely not. Commissioner Winton: Where do the funds come from for the... Commissioner Teele: The contingencies. Ms. Warren: It would come through the -- it would be from the balances that have available in housing. Commissioner Sanchez: A hundred and thirty-one... Commissioner Teele: From the contingencies. Commissioner Winton: So fifty-seven thousand of the hundred and thirty thousand that's remaining goes to one agency, just like that? Ms. Warren: Of the hundred... Commissioner Teele: Right. But last year they were funded for a hundred and thirty thousand. Ms. Warren: Again, fifty thousand you've already allocate that reduces -- my math is bad -- down to 80 something, and then, now we're recommending -- or Commissioner is recommending that Tri -City receive their additional six months, and that would reduce it by an additional fifty-seven thousand. Commissioner Winton: So they... Commissioner Teele: Let me ask you this, Ms. Warren. How many of that money 61 February 10, 2000 goes in program and how many goes in administration? See, because we're talking apples and oranges here. Commissioner Winton is talking about the money going to the agency. It's my understanding that thirty, forty percent of the Tri -City money actually goes in materials, et cetera, for product; is that correct or is that wrong? Ms. Warren: I would have to let my, contract manager speak to that. Again, Commissioner... Vice Chairman Gort: Let me give you a suggestion. Wait a minute. Commissioner Teele, if you'll allow me? My understanding is, the City has a program where we provide the paint, but the problem is -- and they have to comply within 60 days -- the problem is that people don't have the funds to hire the painter. My understanding, Tri -City does that. Tri -City has the painters. So maybe we could coordinate the two programs together. Ms. Warren: Again, administration would recommend is that we go ahead with the extension, and that, as Commissioner Teele has indicated, we could do you a thorough review, bring it back, but we've got two different apples and oranges here, and we probably need to bring you some additional information, if you wanted to look at the programs. Commissioner Winton: So, let me see if I understand this before I make my decision here. Tri -City -- Commissioner Teele, Tri -City is an agency that's already been funded for part of the year for this -- for whatever it is. I don't have any idea what they do even. But they've been funded for half a year? Commissioner Teele: They've been funded for half a year, but they have been previously funded for some four or five years by the City. Commissioner Winton: OK. And the City's recommendation in this round didn't fund them for the remaining part of the year; is that correct? Ms. Warren: Correct. Commissioner Teele: Because of duplication -- not because of non competence or... Commissioner Winton: All right. Commissioner Teele: But because of duplication, and she's also saying the cost per delivery of the product, which is a legitimate issue, I'm sure. Ms. Warren: Yes. And we could deal with that in a separate issue. Commissioner Teele: As a separate issue. Vice Chairman Gort: OK? Commissioner Teele: All right. Commissioner Sanchez: Ready to move. 62 February 10, 2000 .1 Vice Chairman Gort: There is a motion. There is a second. All in favor state by saying "aye." Mr. Walter Foeman (City Clerk):. I need a seconder, Vice Chair. Commissioner Sanchez: You need a second. Vice Chairman Gort: Sanchez second. Commissioner Sanchez: Second. Vice Chairman Gort: All in favor state by saying "aye." The Commission (Collectively): "Aye." Vice Chairman Gort: Nays? No nays. Commissioner Winton: No. Vice Chairman Gort: One nay. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 00-126 A MOTION RECOMMENDING A FUNDING ALLOCATION OF $57,000 OUT OF THE $131,000 BALANCE OF UNOBLIGATED CDBG FUNDS IN THE HOUSING CATEGORY, THAT COMMUNITY DEVELOPMENT STAFF HAS NEITHER RECOMMENDED NOR COMMITTED TO TRI -CITY COMMUNITY ASSOCIATION, TO FUND SAID AGENCY FOR THE REMAINDER OF THE 25TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING CYCLE. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: Commissioner Johnny L. Winton ABSENT: Commissioner Tomas Regalado Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Teele: Is there any -- how much money are we using for Lot Clearing in -- 63 February 10, 2000 Vice Chairman Gort: Two hundred and seventy... Ms. Warren: two hundred and seventy-five thousand is what you awarded this year. Vice Chairman Gort: Two hundred and seventy-five thousand. Commissioner Teele: Mr. Chairman, it didn't come out very clearly today, but the St. John CDC has an economic development program in which they have made commitment. They receive checks. This is a facade program. They've got checks of about eight thousand dollars ($8,000) to complete, I think -- is it six units or four? Four units. I think we've got a problem here of just how we phase something out rather than transferring this to somebody else and all of that because the checks were made out to the St. John CDC. Can we provide -- I think it's about eight thousand dollars ($8,000) or seven thousand dollars ($7,000) to complete that project? I'm not trying to get it renewed for the year, but they have an orderly phase out. Ms. Warren: What we would recommend is that -- the Commission, because of the performance of the CDC, set aside fifty thousand dollars ($50,000) for Overtown, and those moneys have been allocated and frozen. We could take it from those moneys. Commissioner Teele: I would remove -- I would move the necessary, up to ten thousand dollars ($10,000) from those funds because -- from those funds, to complete the ongoing facade program, provided that it be completed within 60 days. Commissioner Winton: Second. Vice Chairman Gort: It's been moved and second. Commissioner Sanchez: Discussion. Discussion. Vice Chairman Gort: Discussion. Commissioner Sanchez: That money allocate for the facade -- there was -- for CB in Overtown for the facade. That was the organization that didn't do one single facade? Ms. Warren: Yes, sir. But what the Commissioner is recommending -- what the Commission set aside fifty thousand, not to punish the area -- what... - Commissioner Sanchez: That's not -- I'm not here to punish anybody. I'm just here to say, if you have an organization that's not producing, we shouldn't give them any money. Ms. Warren: He's recommending that they receive money, but that we pay the bills that have been incurred from that area. Commissioner Winton: Yes, that's all he's doing. Complete the projects that are started. Commissioner Teele: That we complete -- that's all that I'm recommending. 64 February 10, 2000 • • Vice Chairman Gort: OK. Any further discussion? Being none, all in favor state by saying "aye.". The Commission (Collectively): "Aye." Vice Chairman Gort: No nays. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 00-127 A MOTION RECOMMENDING AN ALLOCATION OF $10,000 (FROM THE PREVIOUSLY FROZEN $50,000 SET ASIDE MONEYS FOR THE COMMERCIAL FACADE PROGRAM IN OVERTOWN), TO THE ST. JOHN COMMUNITY DEVELOPMENT CORPORATION IN ORDER THAT SAID AGENCY MAY PROCEED TO PAY BILLS THAT HAVE BEEN INCURRED FROM SAID FACADE PROJECT, PROVIDING THAT SAID PROJECT IS COMPLETED WITHIN SIXTY (60) DAYS. Upon being seconded by Commissioner Winton, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Johnny L. Winton Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: Commissioner Tomas Regalado Vice Chairman Gort: OK. That takes care of the CDBG. What else do you need? Ms. Warren: Again, my -- I'm instruction, if I'm understanding is that staff is to identify those City related funded projects at the second Commission meeting in March, to bring those items back for reconsideration and discussion by this board. Do you want us to do it as a public hearing item? Vice Chairman Gort: That's correct. Ms. Warren: Yes, sir. Vice Chairman Gort: Thank you. From now on, any CDBG should be a meeting by itself. Ms. Warren: I'm sorry. The Law Department has one correction they need to read into the record. Alex. Vice Chairman Gort: Mr. Attorney. 65 February 10, 2000 Ms. Warren: No. That amount will -- we have a scrivener's error in the resolution. Vice Chairman Gort: All right. Mr. Vilarello: But I need the new number, based on the amendments today. Vice Chairman Gort: We did vote on the action. Commissioner Winton: Mr. Chairman? Commissioner Teele: Mr. Chairman, let me do this. Mr. Vilarello: There is not a problem if it's less. It's only a problem if... Commissioner Teele: Mr. Chairman, so that we can do this. I would move that the CDBG hearing be continued to later on this afternoon, say at 4 o'clock, for the purpose of scrivener's errors and correcting any technical or numerical issues. Give the staff a little bit of time to review this whole process, so we know where we are. Vice Chairman Gort: Right. But to ensure the individuals that are here presently today -- Commissioner Teele: We're not going to... Vice Chairman Gort: -- they don't have to come; that we're not going to change any of the numbers of the allocations that have been awarded. So, you don't have to come back. OK? Thank you. We'll come back at... Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes. Commissioner Teele: We've got an issue here relating to CD funding or something on the Gate House. I know there are a lot of people that have been here, both appear to be supporting and in opposition. If we could indulge you. What number is that, number two? Commissioner Sanchez: That's next. Mr. Donald Warshaw (City Manager): Next item. 66 February 10, 2000 Ms. Gwendolyn Warren (Director, Community Development): It's the next item. Commissioner Teele: If we could just take the next item -- if we could indulge you... Vice Chairman Gort: Item 3. That's item 3. Commissioner Sanchez: Also, Mr. Vice Chair, when we come back at either or three, whatever is the wish of this Commission, if I could just have one- item out of order to discuss, which is of great importance, and that's going to be the Bicentennial Park. Commissioner Teele: Bicentennial Park. Three. Mr. Manager, when we come back this evening, the New Times did a story about the land or the park land. Could we discuss that as a pocket item this evening? Mr. Donald Warshaw (City Manager): Sure. Commissioner Teele: Thank you. Vice Chairman Gort: Item 3. . Commissioner Sanchez: Just to clarify it, it's Bayfront Park, not Bicentennial Park. Just to discuss the item. Vice Chairman Gort: Let's go. Item 3. Mr. Jeff Hepburn (Assistant Director, Housing): Commissioners, Jeff Hepburn, Assistant Director. Item 3 is a recommendation. The developers of the Gate House project appeared before the Commission on January 13. Vice Chairman Gort: Right. Mr. Hepburn: The administration was told to come back with a recommendation. We're back today to recommend additional funding for that particular project. We're recommending a hundred and seventy-five thousand dollars ($175,000) in HOME dollars and two point three million dollars ($2,300,000) in HOPWA (Housing Opportunities for Persons Living with AIDS) dollars, to complete that project. Commissioner Sanchez: Willie, I... Vice Chairman Gort: OK. Commissioner Sanchez: I think I have expressed concern on this project, although after meeting several times with the representatives and the members of the project -- you know, being the representative of the HOPWA, I'm very concerned with two point three million dollars ($2,300,000) going towards HOPWA; although, I do agree that people, they need housing and they need to be housed. Of course, nobody wants these types of housing in their back yard. I do support the concept of it. I just wanted to clarify that it's 25 units that will go to HOPWA, correct? Ms. Adrienne Pardo: That's correct. 67 February 10, 2000 Commissioner Sanchez: And it's a -- the project itself is two hundred and eleven units? Ms. Pardo: That's correct. Commissioner Sanchez: How much of the 25 units -- Johnny, bring out the calculator. One point -- no, two point three million dollars ($2,300,000) divided into 25. Ms. Gwendolyn Warren (Director, Community Development): Ninety-two thousand. Commissioner Sanchez: Ninety-two thousand dollars ($92,000) per unit. Now, I have some concerns that I -- you could answer here. One is, if you are committed in an agreement to house 25 units for HOPWA for how long? Mr. Marc Pluskier: Marc Pluskier, Gate House Group. Twenty-five years. Commissioner Sanchez: Marc, how are you? Mr. Plonskier: Gate House Group. Twenty-five years. Commissioner Sanchez: For 25 years. Mr. Pluskier: Yes. Commissioner Sanchez: If you somehow do not comply with those agreements, what can the City do? Can we recapture those funds? Mr. Pluskier: The agreements presumably would have that kind of provision, if there was a default on the part of the developer, that the funds would have to be repaid. Commissioner Sanchez: And the other question that I have for you is, these 25 units would be scattered throughout -- Mr. Pluskier: Yes. Not in any particular unit type or location the building they would be. Whatever is needed for the individuals or families. Commissioner Sanchez: And this is all in writing in the contract? Mr. Pluskier: This will be in writing. Commissioner Sanchez: And will be in writing? Mr. Pluskier: Correct. Commissioner Sanchez: Well, I would like to direct the City administration that these things be taken consideration. Also, be placed in writing, and that's all the questions that I have. Thank you. Vice Chairman Gort: Further discussion? Commissioner Teele: Mr. Chairman, I'm very interested in Commissioner Winton's 68 February 10, 2000 view on the project, in that, while we share the area, I think he technically -- it's in the Overtown area, Lummus Park, Overtown area. I'd like to know your views on this, and did you -- have you had an opportunity to consider it? Commissioner Winton: Yes, sir, I have. And I think the developers know very clearly what my views are, and I'll try to articulate them just very briefly here. I was not a supporter of this project from the very beginning, but I got into the loop way too late essentially to stop the project, and there were a lot of interesting things that happened over time. However, I have to give credit to both -- to a number of folks. I think the development -- the developers themselves, to Dade Heritage Trust, to City staff in terms of their ability to work together in a very short period of time, to completely redesign this project. Now, the high-rise nature of this project, in the location that it's going to be serving, I think is inappropriate. But the City gave the developer all of the green lights a year -- over a year ago. They spent a lot of money to get to this spot, so it's inappropriate for me to block that kind of development process. We also had long discussion about this process whereby they skip the public hearings, and I was quite clear on that. In fact, I thank you for asking this question. My point to the entire development community is that developer beware. If there is a need for public hearings in this community, I'm in huge support of that. This development group had to spend one heck of a lot of money to get out of the tangled mess that they got into because the public hearing process was skipped. Now, there is interesting debate about who caused the skip, and that's irrelevant to me at this point. It's just -- as you objected to at the time, and it's too bad everybody didn't listen at that time. But I will be a very, very strong proponent of public hearings because that's how you sort through these problems, and you save an awful lot of time and you save an awful lot of money. But I do have to take my hat off to the whole group here. I think they've done a very, very good job of making major redesign considerations, and we have a project, frankly, that I think is much better for that community than it was when it started. So, I'm going to support this project. Vice Chairman Gort: Thank you. Any other discussion? Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes. Commissioner Teele: The Dade Heritage Trust representative is here. Ms. Pinkney, did you want to be heard on this item? If I may, Mr. Chairman? Ms. Enid Pinkney: Yes. And we have magazines for all of you. Commissioner Teele: Your name and address for the record. Ms. Pinkney: Enid Pinckney, President of Dade Heritage Trust, 119 Southeast 12`h Terrace, Miami, Florida. In addition to what Commissioner Winton has said about the public hearing -- because that's what I was going to say, but you've already said that - - in addition to that, we also want to point out the need for the 106 Review, when there is historic houses involved because of the federal funds in which caused us to have to go that route, because we -- at first, you know, we were down here against this, but we feel that the federal government should not be supporting something that it's not -- they are not following their own rules. So, we have now going along with 69 February 10, 2000 it. And I think that this project is a model project, which shows the community and the developers working together. What I didn't like about what was happening before was that, I felt that -- the developers felt that they could come down here, get something -- some kind of pocket item or whatever, and y'all vote for it. I know Commissioner Teele was against it. The record shows that. And then they don't have to pay any attention to the historic preservation people, like us. You know, like we're just nobody. So, I think that, with this -- the way we have worked this out, I hope that this would be a model, and that you will follow the rules yourself. And when developers come down here for developing, and especially in historic districts, we will support it, and I think it's a good way that we have worked together. But it didn't start out that way. Commissioner Teele: Mr. Chairman, I'll be pleased -- Vice Chairman Gort: Thank you, ma'am. Commissioner Teele: -- to move the item at this appropriate time, if Commissioner Winton would like to... Commissioner Winton: Second. Vice Chairman Gort: It's been moved and second. Any other discussion? Commissioner Teele: Mr. Chairman, I want to underscore Commissioner Sanchez' point to the attorney and to the management because we make these great pronouncements. You know, Winn Dixie and a whole lot of other things, and you get down to reading the contract that goes forward and the words of the Commission or the requirements of this Commission don't get written in. I want to ensure that these projects for the life of the contract, which I assume is twenty years or thirty years -- Vice Chairman Gort: Twenty-five years. Commissioner Teele: Thirty-five years Vice Chairman Gort: Twenty-five. Commissioner Teele: Twenty-five. -- will contain language in every imaginable document that requires the HOPWA participation, as the developer has been so candid that he intends to do . And I would only ask -- in an unrelated matter -- next week we have a series of issues relating to -- what are those funds, Jeff, for the tax credits in Tallahassee? Mr. Hepburn: They are HOME funds also. Commissioner Teele: The HOME funds. Now, you all got the HOME funds tax credit on that pocket item. I didn't object to the item. I objected to the process. I felt very clearly it should have been a public hearing. And once we have a public hearing, I'm comfortable whatever the Commission votes to do. Are you all going to be applying for additional HOME funds as well, on this project, next week? Mr. Mike Spetko: No. 70 February 10, 2000 Commissioner Teele: Your name and address for the record. Mr. Spetko: Mike Spetko, the Gate House Group. For this development, we will not be applying for any more funds. Commissioner Teele: I just wanted to get that on the record. All right. Thank you. Vice Chairman Gort: Further discussion? Being none, all in favor state by saying "aye " The Commission (Collectively): "Aye." The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 00-128 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATING TO THE DEVELOPMENT OF THE PROPOSED MIAMI RIVER PARK APARTMENTS PROJECT TO BE LOCATED IN THE LUMMUS PARK AREA AT NORTHWEST 4TH STREET AND NORTHWEST 5TH AVENUE, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO ALLOCATE THE AMOUNT OF $175,000 IN HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM FUNDS AND THE AMOUNT OF $2,300,000 IN HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM FUNDS, IN CONNECTION WITH THE DEVELOPMENT OF THE 211 UNIT AFFORDABLE RENTAL HOUSING PROJECT TO MIAMI RIVER PARK ASSOCIATES, LTD. AND BAME DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC., RESPECTIVELY, SUBJECT TO CERTAIN TERMS AND CONDITIONS; ACKNOWLEDGING BAME DEVELOPMENT CORPORATION OF SOUTH FLORIDA, INC.'S INTENT TO LEND SAID HOPWA FUNDS TO MIAMI RIVER PARK ASSOCIATES, LTD. FOR THE CONSTRUCTION OF THE PROPOSED HOUSING PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Tomas Regalado Commissioner Joe Sanchez 71 February 10, 2000 Vice Chairman Gort: If you guys don't mind, I have one question of item 41, Leroy, if he's here, if we could hear for a minute. Commissioner Teele: You want to move it? Vice Chairman Gort: Leroy. No. Mr. Leroy Jones: Commissioner Gort... Vice Chairman Gort: Excuse me. Wait a minute, Leroy. Item 41. Commissioner Sanchez: Oh, yes, on the -- yes. Vice Chairman Gort: By the way, I'd like to give a suggestion. At one time we used to have it here. I was at the Palm Beach County meeting the other day, and they had this speaker through the whole place, even the restrooms, in case anyone need to go, they can hear what's going on. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: We used to have it at one time. Yes, sir. Commissioner Teele: On number 41, it was my understanding that the staff was going to come back with legislation to authorize a program that matches the County program. That's what we voted on before. Vice Chairman Gort: That's correct. Commissioner Teele: That we would -- that there would be an ordinance drafted up or a resolution that authorizes a program that matches the funds. Obviously, we know there are not funds available now. But I'm not comfortable even trying to match it, unless we have a program. Commissioner Winton: Right. Mr. Daniel Fernandes (Assistant Director, Community Development): Commissioner, what we did is we contacted -- Dan Fernandes, Assistant Director of Community Development. We contacted Metropolitan Dade County. We met with representatives from the County, and we're in the process of evaluating their particular program. We will come back to you with a recommendation that is -- will compliment the County's program in some way that we could work together, but in the time constraints that's we have to get back to this meeting, we really didn't have an opportunity to complete that particular portion. 72 February 10, 2000 L Commissioner Teele: Mr. Chairman, I want to be very clear. I am looking for a resolution, preferably an ordinance, that authorizes a matching program, with County and State funds, in the Economic Development area, in which is similar to their language, so that we can begin to figure out how to do that. In an evaluation criteria and an evaluation mechanism to evaluate those programs because I don't want to match money that's a bad deal. I want to match money with a good deal, and that's sort of where I thought we were going to come out now. What this memo says is that there is no money. Well, we already knew that, didn't we? Ms. Gwendolyn Warren (Director, Community Development): And it also says -- Gwendolyn Warren. It also say that's we'll come back during the 26 year process, with the legislation, and, hopefully, some proposed funding sources. But we understand the instruction. We will get the resolution and the program designed. Vice Chairman Gort: We need to address the petition we have in front of us, to be able to match the present businesses there, have been applied, and have been granted. What you're saying is we don't have moneys to do so? Mr. Jones. Mr. Jones: I'm totally confused now, and the reason why -- Leroy Jones, 180 Northwest 62nd Street. Is that I've been working on this project since May. So, the City had until May to do whatever research or whatever means they had with the County or whatever to determine this. Not wait until the last minute to tell me there is no funds available. But not only that, I -- why the funding can't come from the facade or the Code Compliance Program? It's the same funds. It's going into rehabbing businesses, buildings, structures. It's the 'same funds. And it's funds available in those areas. I don't understand why there is no funds available. It's funds in the Code Compliance Program, and in the Facade Program, which this money is going to be used for the same purpose, rehabbing and structures. Now, I done -- we done put all this time in this, getting these businesses approved from the City, and what you a.11 approving, in writing to me, saying that whatever businesses I get approved from the County, you all was going to support legislation to approve those businesses in the City. I got the letters right here from each Commissioner up here, but Winton. He wasn't a Commissioner then. And now you're telling me -- what you're telling me now; the letters that you gave me was a lie. You told me you lied to me. You slapped me right in my face. You had me do all this work. Excuse my French. Excuse my French. Excuse my language. I'm so sorry. Vice Chairman Gort: Mr. Jones, you want to take it on the -- you want to take it under that consideration, that's up to you. That's not the intent of this letter, and this letter was intended to support you. There are certain procedures that have to be followed, and we had to do it. I wish I could say vote on it and give you the money. It's not there. OK? Mr. Jones: But -- Commissioner, what I'm saying though, Commissioner, I understand what you're saying, but we had until May to do this, you know. And it's not my fault. You know, everything that I supposed did for these businesses to get them approved, I've done it. Now, every time we come to this meeting, it's the same thing. We're going over the third thing. This is the third meeting with the same information. Nothing being done. Vice Chairman Gort: Mr. Jones, there are agencies that have been here three and four 73 February 10, 2000 years, and then, after that, they've been unable to get it. We're trying to work with you to make -- so your programs can be successful, and we can match the County. There are certain criterias that we have to follow, and I apologize that we can't do it right. now. Mr. Fernandes: Commissioner, just to clarify the record for one moment. The City does have a Facade Program. We do have a Code Compliance Program. However, those two programs are not designed to compliment the County's program at this time. Vice Chairman Gort: And not the amount of money that he's requesting. Mr. Jones: It don't have to compliment the County's program, the code compliance and the facade. All it have to do is to repay us on the business. That's what it needs to do, and that's what that money is for, and that's what it's going to be used for. Vice Chairman Gort: Excuse me. The money is there, but the amount that can be given is two thousand dollars ($2,000) for facade for each business, and ten thousand dollars ($10,000) for code compliance for each business. That's what that program can do, and that's the criterias and guidelines for that program. Mr. Jones: Commissioner Gort... Vice Chairman Gort: Am I correct on that? Mr. Fernandes: That's correct, Commissioner. Vice Chairman Gort: OK. Mr. Jones: Commissioner... Vice Chairman Gort: And you need, from my understanding, in reading the documentation, you need, I think it's close to a hundred and some thousand dollars. Mr. Fernandes: Correct. Mr. Jones: It was a hundred and sixty-seven thousand. Vice Chairman Gort: A hundred and sixty-seven thousand. Mr. Jones: Each business is willing to put up their fair share, which all we would need from the City is a hundred and fifty thousand dollars ($150,000), Commissioner Gort. Commissioner -- Commissioner Teele: Mr. Chairman Vice Chairman Gort: Yes. Mr. Jones: My dedication to this project and to the people and to the businesses in the area where I live -- because none of the City programs work for us. You always design programs that's don't work for us, always. That's always been happening. So, we don't never get the help like every other area get. The City just awarded me -- 74 February 10, 2000 well, the City Manager, thank you, City Manager Warshaw, and staff -- approved me for eighty thousand dollars ($80,000) for Economic Development for the City of Miami. I will be willing -- and I'm sure if I make a recommendation to my board -- to the president, that we can use that eighty thousand dollars ($80,000) and you all match it. Because I don't just want -- I'm not just coming here fighting for my organization to get money for administration. I'm dedicated to helping those businesses. So, if it will take the 80 thousand dollars that you all just approved us for to put in, and you put in the rest, I'm sure I can go back to my board and make a recommendation so that we can help these businesses, because I promised them and you all promised them that you was going to help me deliver services to them, and that's all I'm asking. Vice Chairman Gort: Thank you, sir. Commissioner Teele. Commissioner Teele: Mr. Chairman, Mr. Jones -- I'm not sure I agree with everything he's saying, but I do agree with the core point, and that's this. We spend a lot of time with a " one shoe fits all " sizing of every program. I mean, -- and which, the Commissioners, probably spend as much time with the me, too -ism as everyone. One of the reasons that the fifty thousand dollars ($50,000) was just available on the facade, Commissioner Winton, is I said, look, the facade programs haven't worked, so don't give us facade money. Let us use the program in a different way. The County, to their credit, has developed a program that is not facade or code compliance. It's really Economic Development. It's really more in the line of what Miami Capital was set up to do, except it's a grant. That program is a model that is being used nationwide. The problem that I have with the County program is that the County program, in unincorporated Dade County, is what, about 80/20 money, 90/10? Mr. Jones: Ninety/ten. Commissioner Teele: Ninety/ten, which means it's a 90 percent grant to the business owner, and 10 percent from the business owner equity, if you will, and that's a very good program, if it's thought and if the projects are carefully delineated. I support the program in concept, and what I'm liking for is the legislation that can provide a similar program whereby, you know, we're on a 90/10 basis -- what I don't agree with, that is before us, is that the City should all of a sudden just chase County money based upon the fact that the County putting up 25 percent and now we've got to put up the equivalent of 65 percent. Well, that's a rather gratuitous offer. I mean, that's like saying, you give me fifty cents ($0.50), and I'll give you a quarter to the County. I mean -- but I don't want it really debate that issue. I think the County program has merit, and I would renew any request of two things. One, that we come up with a resolution that is comparable, that matches the County program; that is a program that we -- whether we fund one project or twenty or none is not the issue. We need to have the authorization for a project like this on our books. And, secondly, the Commission -- if the City staff -- and I realize we don't have Miami Capital -- would evaluate the three businesses that are on the table, Omega, Fashion Shaker, and George William. Evaluate those three projects in detail, that have been provided by -- a funding by the County, an then we can determine whether or not we want to take Mr. Jones up on his offer. But even -- if you come back to me and say, " well, one of these businesses needs three times the amount of money that we're putting out, " I'm not going to even wanting to run and take money to do that. Because the problem with government funding, in most cases, is government always under funds in these minority -- in these 75 February 10, 2000 small business areas. And, so, I want to take Mr. Jones at his word. I believe that he would make that eighty thousand dollars ($80,000) available. I would work to find other dollars to make available, if these projects make sense. And I still don't know if these projects make sense. Mr. Jones: If I could say, Commissioner. The City staff had picked up those applications and, from my understanding, reviewed them as of a week after the last Commission meeting. Mr. Charles picked them up, and reviewed them. So... Commissioner Teele: Mr. Manager, could I have a meeting with the City staff on this item next Tuesday -- Monday is a holiday? Vice Chairman Gort: Yes. Commissioner Teele: Next Tuesday or Wednesday before the next Commission meeting? Mr. Warshaw: The holiday is a week from Monday. Commissioner Teele: This Monday is not a holiday? Mr. Warshaw: No, it's the following Monday. Commissioner Teele: Shoot. Could I get a meeting with you all on this -- on these... Mr. Warshaw: Sure. Commissioner Teele: OK. Vice Chairman Gort: Let me tell you what I also would like, and I told Mr. Jones. He came up today to my office. What I would like -- in the last meeting, we requested you get together with him and try to come up with some ideas, and I understand -- so we can finalize things that come in front of us. But in the mine time, I think -- and for the future -- you and whomever we send to you should come to us and let us know, "look, there is a problem. We can't do it." So, we, by the time we come to the meeting, we have some kind of an idea -- if we have to -- need to change (inaudible) or whatever need to do can be done, so we don't go through this same process of coming in here, then go back, and do the study, an that's where people get very tired, and we do too. OK? Mr. Jones: Commissioner, if we can... Vice Chairman Gort: Mr. Jones, you quit while you're ahead. Mr. Jones: I'm going to wrap it -- I'm fixing to quit, Commissioner. Vice Chairman Gort: Quit while you're ahead. They are working with you. Mr. Jones: But I would like to know what the staff recommendations, after reviewing these packages, were. Because I still don't know. 76 February 10, 2000 Vice Chairman Gort: Staff's recommendation is that they are beautiful programs, but they don't have any money to do so. Ms. Warren: Staff has not completed a review. Vice Chairman Gort: Right. Mr. Jones: Because it's not funding. Because there is no money. Vice Chairman Gort: OK. Right. Ms. Warren: No, that's not correct. Staff has not had an opportunity to complete their review. Vice Chairman Gort: I understand. Ms. Warren: We just picked them up. Vice Chairman Gort: But, at the same time, you cannot make a decision today. Ms. Warren: Correct. Vice Chairman Gort: OK. Mr. Jones, your Commissioner is going to meet with them, and is going to take your word and work with it. See you all at 3:00. THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:29 P.M. AND RECONVENED AT 3:04 P.M., WITH ALL MEMBERS PRESENT OF THE CITY COMMISSION FOUND TO BE PRESENT, EXCEPT COMMISSIONER TEELE. Vice Chairman Gort: Welcome to the afternoon session. Commissioner Sanchez: How are you? Vice Chairman Gort: Commissioner Sanchez, you had a special request? Commissioner Sanchez: Yes. Commissioner Sanchez: Mr. Vice Chair, if we could just take one item out of order, which requires a briefing to my colleagues and to the residents of Miami concerning the Bayfront Park. I have some bad news, but out of bad news, we could always make good news. Let me just state for the record that, after being named Chairman of Bayfront Park Trust two months ago, several steps were taken to ensure that their trust was operating at the highest level of integrity. And with the proper internal controls in place, the City of Miami conducted an internal audit, and a finance committee was implemented by the Board of Trustees. The internal audit revealed certain irregularities, which reflected possible gross mismanagement, sloppy bookkeeping, and lack of internal controls. These irregularities required further investigations that 77 February 10, 2000 Attorney's office, to determine if any wrongdoing took place. Upon hearing of the investigation, I was in Orlando on a business trip -- and quickly rushed back to Miami -- I quickly called an emergency meeting of the board to determine the faith of the trust and the executive director. While we wait for the out come of the investigation, we must concentrate on rebuilding, not only Bayfront Park Trust, but also the public trust. That is my obligation as an elected official, as well as the trust members, to ensure that Bayfront Park Management Trust continues to function with the utmost integrity. Certain actions were taken at that emergency meeting. One of the actions taken was to suspend the executive director, on leave with pay, and to place, as interim director, Christina Abrams, which was passed by the trust, and must be approved by this Commission. The other was the change of signature of the check to assure quickly stability and put together some guidelines of proper management. So, therefore, ' I have a resolution that I would like to read to this Commission, where it states: Resolution at an emergency board meeting on Bayfront Park. The resolution was presented a resolution of Miami City Commission confirming the Bayfront Park Management Trust, appointing Christina Abrams as acting Executive Director of the Bayfront Park Management Trust; to act as Chief Executive Officer of the park, an be responsible for the management and operation of all properties, activities, an facilities, as required, pursuant to section 38-105 of the code of the City of Miami, Florida, as mentioned. Therefore, I move the resolution. Vice Chairman Gort: Its been moved. Is there a second? Commissioner Winton: Second. Vice Chairman Gort: Discussion. Being none, all in favor state by... Commissioner Regalado: Wait, wait, wait. I got questions. Didn't we say that City employees couldn't work for Commissioners? In this case, this Commissioner is the Chairman of the board. Can she do that? Mr. Alejandro Vilarello (City Attorney): She's acting in a temporary capacity, and is not being compensated by Bayfront Park Management Trust. Only being compensated in her position as department head for the City of Miami. Commissioner Regalado: And how long would that be? Mr. Vilarello: It's intended as an interim and emergency -- on an interim and emergency basis until the conclusion of the investigation. Commissioner Regalado: Conclusion of investigation? That could be months. So, is she... Commissioner Sanchez: Commissioner? Commissioner Regalado: Is she... Commissioner Sanchez: If I may? Commissioner Regalado: -- doing only this job or both jobs? 78 February 10, 2000 Mr. Donald Warshaw (City Manager): She's still maintains her director's role over public facilities, conferences, conventions, but she's pretty much up there. Loan basis, I guess would be the best way to explain it. And then, formally, she's referred to as the interim director, but for purposes of the trust, but really she's a loaned executive, and I'll point out that the trust has asked for some other technical assistance from Finance Department, and there are other people who are going to be working and assisting as well. Commissioner Sanchez: Commissioner, if I may respond to 'you. We -- it's sad to say this but we are in the process of. rebuilding Bayfront Park. My responsibility, as the Chairman, is that I've taken the approach, which I have basically conducted with what we call a receiver ship type, where we have come in and basically have asked the assistance of the City administration to provide me with CPA (Certified Public Accountant). Basically, we have changed locks. We are looking at all the records. We are basically having everyone that works there present me with a statement of what the responsibilities, how much they are getting paid, et cetera, et cetera. I'm doing a payroll -- military payroll, where each individual that works there has to come up. And I ask this Commission to bear with me. Something that I did not anticipate, but must accept as a responsibility to do what's in the best interest of the trust, the City of Miami, and the residents of Miami. Commissioner Regalado: Well... Commissioner Teele: Mr. Chairman. Commissioner Regalado: I just want to make a comment. At the end, it's the Commission who has the responsibility because, after all, you know, we approve budgets and decide -- and appoint the members of the trust. But I just wanted to know how this was going to work. Because we have Christina as an executive director of MSEA (Miami Sports & Exhibition Authority) for a while, and -- so I don't know what would be her role if she relinquished her department; is she going to work full-time? Like you said, she -- you are in the process of rebuilding that, so you need a lot of help. I'm asking whether or not she is going to be working on Public Facilities or the trust, what -- Mr. Warshaw: She is the Director of Public Facilities. That's not changing at all. Just so you know, the reason Christina was selected over others is, just a start as this weekend, there is a major concert in the park that the Bayfront Park Trust was responsible for handling, and she is the only person in the City really, in her department, that has the expertise, as they do in the Orange Bowl, the Knight Center, to ensure that that goes on. We are going to have as many as 20 or 25,000 people there this weekend, and she's wearing two hats, but she's certainly not relinquishing her role as City Department Director. She's just an unloaned, no compensation. Commissioner Sanchez: If it's the will of the Commission... Vice Chairman Gort: Excuse me. Commissioner Sanchez: -- of the Commission to put a time frame on the hiring of director, I will accept. 79 February 10, 2000 Commissioner Teele: Mr. Chairman? Vice Chairman Gort: You have to wait until - the process -- (inaudible) yes, Commissioner Teele. Commissioner Teele: Mr. Chairman, I'm not certain why the matter is before us or what it is that we're voting on. In the past, I have deferred to the chairman of the various committees, as has been the tradition of this commission. Obviously, we're no longer doing that, so I'm comfortable doing that. I'll play by whatever rules they are. But since we're no longer deferring to the chair on these matters and we're going to take that denovo look, I'm very uncomfortable with what you're asking me to vote on now. I'm very uncomfortable. Number one. Commissioner Regalado is right. I listened for three months from the Manager saying that no employee of the City should be working as the chairperson of any committee, and we went into this situation with MSEA. We've never received a satisfactory answer as to why the City employee that was at MSEA resigned. I asked, they say, "Oh, you don't want to know." And given the Charter of the City of Miami, which specifically prohibits commissioners from giving direction to employees, except through the Manager, I'm not comfortable with that relationship or with that arrangement at all because, number one, unless you're going to be a figure head chairman, which you have never been, especially on fiscal matters, you have your hands tied in dealing with the City employee. You don't have the authority to interview a City employee regarding their payroll and their time cards and the things that you've just talked about, which is in direct violation of the City Charter, and I'm surprised that the City Attorney didn't say anything about it. You know, Mayor Suarez signed a consent order about that, and I don't want to be put into that position. So, I'm not going to be voting for anything relating to any City employee that basically ties the hands of the Chairman, even if the Chairman wants his hands tied. Because what Bayfront Trust needs, if we're to believe what we've read in the Miami Herald today, somebody needs to be full-time, responsible for responding to and clarifying the record, and that responsibility may or may not be what I believe to be appropriate with a City of Miami employee. So, I am extremely concerned about a number of things that have been put on the record. I'd rather not know about them, personally, because I've got more than I can say grace over. But if you put it on the record and ask me to vote for it, I have the total confidence in Christina. If somebody says she's coming in, as a special projects person to run some projects and to do that, I would be amen, thank you, she's wonderful. But for someone to essentially be responsible for what the Miami Herald -- or what we read in the paper today, and that you've reaffirmed with your statement, which is serious issues relating to oversight, I think by put ago part- time person in a position like that, that's answerable to the Manager, you're basically asking us to go along with continuing what has gone on for the... Commissioner Sanchez: No, Commissioner. Commissioner Teele: Well, I'm going to express my point of view, Commissioner, and I'm just going to tell you that, if we've got that kind of problem, we need a full- time person over there that is basically going to protect the credibility of the agency. I've never served on the Bayfront Trust, but, still, it's a governmental body, and to be very candid with you, I don't like throwing people under the bus before the investigation really gets started. And I've read at least enough quotations that are throwing too much people under the bus on this thing. We need to have some 80 February 10, 2000 professional to come in and to basically take responsibility and stop pointing up, stop pointing down, and to just take responsibility for the situation and to fully cooperate with the law enforcement, and the investigative officers that are there. Asking me to support a person who the Manager says is not going to be full-time there, not going to -- who's a City employee, I think puts me in a position that I don't want to vote against you as the Chairman of the committee, but at the same time, -- then you said two words that, in my language, don't add up. You said, one, you suspended the person. Then you said the person is on vacation. I'm not sure what happened there, but I'd like to know is the person — the executive director suspended or is the executive director on vacation? Commissioner Sanchez: All leave with pay. But let me answer some of the things you... Commissioner Teele: So, he was not suspended? Commissioner Sanchez: No, he was not. He's on leave with pay, to answer your question. Second is, I need some time to hire an interim director; OK. That's for starters. Second, they are not City employees, correct, Alex? Mr. Vilarello: If I could -- perhaps, Commissioner, if I could just go back a little bit into the ordinance that creates the Bayfront Park Management Trust, before we get too far down the road on some of these issues. The Bayfront Park Management Trust is not an agency. It's not a corporation. It's an agency of this City, but it's not separately incorporated. It's not sue jurist, can't sue and be sued. If someone is going to sue the Bayfront Park Management Trust, the appropriate remedy is through the City of Miami. What the City Commission did... Commissioner Teele: Not a separate committee. Mr. Vilarello: It is not a separate entity. It is very different than MSEA. It's very different than the CRA (Community Redevelopment Agency). They could, in fact -- well, and let me not digress. Simply said, the executive director is appointed by the trust, confirmed by this City Commission. Instead of reporting to the Manager, they report through the trust to the City Commission. All the rules and regulations, which are applicable to the City, are likewise applicable to the trust. The Chairman of the Bayfront Park Management Trust is nothing other than a member of the Trust Board. The executive director runs the day-to-day operations of the City. And I need to also reaffirm that this action is being taken based on preliminary findings of the City's independent -- internal auditor. These findings are preliminary. Mr. Katz may very well assist us in clearing up many of these issues that are before us, and what the board did was simply ask Mr. Katz to go on administrative, paid leave during the pendency of this investigation. The City Manager offered a department director, with experience, to assist in this interim period. That'.s why it's coming before you as an acting executive director, not the permanent position. And although I think Commissioner Sanchez is taking the bull by the horns on this issue, he certainly working through Ms. Abrams as the executive director. Commissioner Sanchez: If I may. Commissioner Teele, and my colleagues here, first of all, I would not do anything that would be improper. I have consulted with the City Attorney on this matter. I think that the situation that we're in -- I've acted within my 81 February 10, 2000 scope of accepting the responsibility, of doing everything we can so quickly we could get the trust back up again, and running much better than what it was. That's for sure. Yes, Christina is an employee. She's on a loan basis. Temporary. If you want to put a time frame, that's perfectly fine. However, the employees are not City employees and I want that on the record, that I am conducting this with the most serious manner. Yes, I am taking the bull by the horn. I think it needs complete flush, and I will get to that. I am doing it. I cannot do it alone, because I am a part-time City Commissioner and I do need the assistance of the administration, providing me with CPAs (Certified Public Accountant) and providing me with some technical assistance. But other than that, if you want to put thirty days, I think that I could work hard to get somebody hired, but I do want to do one thing, is to hire a person that we do not get in the situation that we're in today, and I think that's going to take more than thirty days. So, I ask you to bear with me. If you want to put time frame, put a time frame on it, but I'm going to do this -- I'm going to take my time and do it the right way. Commissioner Teele: Commissioner, I don't have any objection or concern about the time frame. What I object to are dual standards in this City, and I will pull the record of the Manager's discussion. I will get it. I will spread it over the record. In the next meeting, let's have this discussion again because I have been told, repeatedly, that in the connection of being the Chairman of a board, it's inappropriate for -- an Chairman of boards give the directions to the executive directors, OK, and I assume that you're going to be chairing, working with Christina Abrams. I've been told repeatedly, in light of the way the charter is written, that raises issues. And, I mean, you know, if it raises issues for me, then it raises issues for you. And the point that I'm making is, I've been around here long enough to know -- I've been in this world long enough to know when there is second class citizenship trying to be fostered, and I'm not going to be a party to it. If the rules relate to the CRA and the staffing of people that don't -- cannot be City employees because they're executive director say, no City employees in that role, then I think those same rules should relate to the DDA (Downtown Development Authority) on a temporary basis, on the International Trade Board on a temporary rare basis and on MSEA. But if you're comfortable accepting that kind of alliance and responsibility, whereby you recognize you cannot give instructions to Christina at all, given the way the charter is written, then that's something that I think you need to be cognizant of. My issue is simply this. I believe that, if the City Commission is being asked to support a person being over there that is not going to be full-time, that is not going to be focused on this things -- and I don't mean as the permanent person, but I'm just saying, you don't need -- you need somebody. over there -- maybe it's an administrative assistance or something, but somebody needs to be there full-time now, and I don't think you should ask us to vote on that. Why does the Commission have to vote on that? Mr. Vilarello: Because it's required by the ordinance. The Commission is the body that -- that approves both the permanent executive director and an acting executive director. Commissioner Teele: For an interim person? Commissioner Sanchez: It's required by the ordinance. Yep. Commissioner Teele: What I would be comfortable voting on is an emergency authorization of funding to solve the problem, because that's what the real issue is 82 February 10, 2000 authorization of funding to solve the problem, because that's what the real issue is going to be. If there is going to be accountants brought in. If there is going to be this? That's what I feel like my legislative responsibility is, that I'm prepared to vote for. I am very uncomfortable voting on a personnel matter, when I've been told something totally inconsistent with what I'm voting on now as it related to a life that I lead a year and a half ago, or when Mr. Warshaw first became Manager. Vice Chairman Gort: Commissioner Winton. Commissioner Winton: I would like this question that Commissioner Teele is raising answered from the City Attorney. Is, in fact, it a violation of our charter to nasal how for a City employee acting on a temporary basis, to serve as the Acting Director of the Bayfront Park Trust, who would have the responsibility to report to the Chairman of that trust? Is that, in fact, a violation of our charter? Mr. Vilarello: On attempt rare basis, it is not a violation. There is statutory authority to allow a City employee to be loaned to other agencies. Now, you have to remember the CRA, the DDA, MSEA are all different entities than the Bayfront Park Management Trust. There is a limit. Unfortunately, one of our agencies was set up for permanent appointment of a City employee as an executive director, and it was based on my review of that subject, that I advised the City Manager' that, on a permanent basis, that could not go forward. However, on a temporary basis -- and I believe it's limited to approximately two years, two years and three months, under a statutory authority, that you can't continue that on a long term basis. But, certainly, in a short-term basis, it is appropriate. There are conflict issues, which are resolved simply by not paying the employee from two different sources of funds, which is, of course, has been taken care of in the situation. She's only being paid from her department -- as department head. Commissioner Winton: So, I understand, and I'm comfortable. Vice Chairman Gort: OK. Thank you. Any other questions? Commissioner Regalado: Question. Vice Chairman Gort: Commissioner Regalado. Commissioner Regalado: I don't see why we need to put a time frame for the trust to hire anybody, if we're told that the executive director is on leave with pay. Is fired or you guys going to look for somebody right now? I don't understand what's the concept of having a time frame for hiring somebody if you still have on the payroll an executive director who is on vacation for all purposes. Mr. Vilarello: Mr. Chairman, if I can... Vice Chairman Gort: Commissioner -- Mr. Attorney. Mr. Vilarello: The Bayfront Park Trust, again, was provided with preliminary findings of the internal auditor. There is certainly-- there is no.. Commissioner Regalado: That's not my question. 83 February 10, 2000 • Mr. Vilarello: Well... L] Commissioner Regalado: My question is, why are we being told that the Trust is going to start process to hire somebody if the director is on vacation? I mean, has he been notified that, when he finishes his vacation, he's know longer coming back or that's... Mr. Vilarello: No, sir. Commissioner Sanchez: Tomas, there is an investigation going on. I think it's in the best... Commissioner Regalado: I know there is an investigation. The issue that I'm asking is, you will be comfortable with the time frame to hire somebody. We can do that because you still have somebody who you haven't fired. Mr. Vilarello: Correct. Commissioner Sanchez: The Board of Trust voted that way, OK? It was my intention to suspend, with or without pay. It was the discretion of the board, they voted to leave with pay. That's a situation that I'm in. It's an ongoing investigation. I think it would be in the best interest of the director, the trust, this Commission and this City for us to hire an interim director, as quickly as possible -- hire a director and get the - - the quicker we rebuild, the better off we are. Commissioner Teele: May I just inquire then? You're saying that the Board of the Trust received an outline of... Commissioner Sanchez: No. Commissioner Teele: Has the Trust Board -- have you received anything in writing? Commissioner Sanchez: No, I have not. Commissioner Teele: Has the Trust Board received anything in writing? Commissioner Sanchez: They received information that was given by Victor Igwe, to the board members. Commissioner Teele: But it was not in writing? Commissioner Sanchez: It was in writing. Commissioner Teele: Have we received anything in writing? Mr. Vilarello: No, sir. Commissioner Teele: So, in other words, we're supposed to vote on approving what the Trust Board did, but the trust got the written information; we don't? 84 February 10, 2000 trust and provided them a series of information, which created some significant irregularities, which, at best, are suspect management problems with regard to the office of executive director. But let me repeat, Mr. Katz has not been terminated. He's merely been put on a paid administrative leave so that this investigation can conclude before any further action is taken of the trust -- many trust members expressed a hope and a desire that this investigation will clear Mr. Katz, and he'll be able to return to the trust. Commissioner Teele: Mr. Chairman, Mr. Attorney, if I may? The gentleman's name has been used three times in the total discussion. All three times they came from your voice. I think we need to make sure that this discussion is depersonalized. You know, this process is being broadcast, and I want to be on record as saying that I fully believe that everyone should be entitled to the full presumption of innocence, as afforded under the Constitution, and that's what the U. S. Constitution still provides for, that is, a presumption in a veil of innocence, and I support that concept. Having said that, the Chairman has expressed a concern with cleaning house -- I think, to use his words -- and to moving forward with a search for a new director. And I guess what Commissioner Regalado is saying -- and I would be saying -- is that I believe that we need to make sure that we afford everyone their full procedural rights, and that's sort of where I'm coming from as a Commissioner. I don't know any of the facts, other than what I've read in the newspaper, and a courtesy call, which I appreciate from the Manager's office, that there will probably be a news story regarding a matter, and it's always good to -- when your supposedly responsible to receive the word, and I appreciate Mr. Manager, through Mr. Lindsay, that you all communicated that there would be an issue. The only area that I'm concerned about, Mr. Chairman of the Bayfront Trust, is if you're comfortable with this, I will support it. I just want to register to you, that I think you need a full-time person in there now that is capable of being responsive to you as the chairperson, that given the City Charter and given the Charter prohibitions on you giving instructions to City staff, and one, that makes all of us, you know, comfortable that we're putting our best efforts forward in cooperating with the investigation, and moving it forward in a very expeditious manner. I would only suggest to you, sir, that having a person part-time, that has tremendous responsibilities and, quite candidly, is accountable to, not to you, but to someone else, may or may not always work in the best interest of moving this matter to a quick resolution. Whatever you would like for me to do, Mr. Chairman, I will support. Vice Chairman Gort: OK. There is a motion. Commissioner Winton: Second. Vice Chairman Gort: 'Is there a second? Is there any further discussion? Being none, call the question. (Comments during roll call ) Commissioner Teele: With reservations, yes. 85 February 10, 2000 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 00-129 A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE BAYFRONT PARK MANAGEMENT TRUST'S ("B.P.M.T.") APPOINTING CHRISTINA ABRAMS AS ACTING EXECUTIVE DIRECTOR OF THE BAYFRONT PARK MANAGEMENT TRUST ("B.P.M.T.") TO ACT AS CHIEF EXECUTIVE OFFICER OF THE B.P.M.T AND BE RESPONSIBLE FOR THE MANAGEMENT AND OPERATION OF ALL B.P.M.T. PROPERTIES, ACTIVITIES, AND FACILITIES AS REQUIRED PURSUANT TO SECTION 38-105 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Vice Chairman Gort: OK. Now, we'll have the Wynwood presentation. Commissioner Sanchez: He just wasted about 15 minutes. Commissioner Teele: I wanted to be on the record. It's not a light thing, I'm telling you. You're asking us to support something that I don't agree with. Commissioner Regalado: I think that's very wrong. Mr. Sergio Guadix: Good afternoon, Commissioners my name is Sergio Guadix, and I'm the Wynwood /Edgewater NET (Neighborhood Enhancement Team) Administrator. I'm here to tell you a little bit about our office and what we do, and also how we work with the citizens of the office. First of all, let me go over a little bit of the boundaries of the office so you can understand a little bit better what we're talking about. Wynwood is basically bounded on the east by Biscayne Bay, and on the west is Northwest 6"' Avenue or I- 95. On the south is 10 Terrace, and on the north it goes 86 February 10, 2000 up to 37`x' Street. Edgewater has always been known to be on the eastside of the railroad tracks. There are some disputes about that. It goes back and forth. It might be on 2"d Avenue, but all the information I have is on the railroad tracks. A little bit about the demographics of the area. If you look -- I gave you a little package, and on page 4 it tells you a little bit about the demographics, and it gives you a whole bunch of numbers. I'm not going to go overall those numbers. That was back from the Census Bureau, 1990, and that thing has changed drastically. The only thing I think that everybody needs to know is that the is an ethnically and racially mixed area with significant Puerto Rican, Haitian, Santa Dominican, Nicaraguan, and white population. Also, we have Koreans that come into the area and have businesses in the area. A little bit more about the area. This area, Wynwood /Edgewater is a wonderfully diverse mix of residential, commercial, and industrial properties. If you go to Wynwood, some of the places of interest that you're going to find in Wynwood include the Bacardi Building, Enriqueta's, you have Braman, which has done a lot of work over there in Edgewater lately. The fashion district, which a lot of people are, again, recognizing what type of values they can get in this area, the fashion garment district, instead of going to a lot of these high-priced markets that they go to, they can go right here and get a lot of the values. Of course, with the passing of time and with the urban flight, it has hurt the area. However, we are working with the community right now to change that. Wynwood became a transitional place to go to for a while; however, we are working with the community. The fire -- I mean, the Police Department, the NET (Neighborhood Enhancement Team), and the community is working together to change this, and it's working. It's changing slowly, but it's working. We are -- we also work in the NET area -- in the NET Office. We work with -- to restore leadership prior to this historical neighborhood with several organizations, such as the Rafael Hernandez Economic Development Corporation -- that they are here -- the Edgewater Economic Development Corporation, Wynwood Advisory Board, the Edgewater Concerned Citizens Association, Corpus Christi Catholic Church, Dade County Social Service Agencies. Now, I'd like to tell you a little bit about what the employees of the office do, and I have some pictures here, and I regret that some people in the audience may not get to see this, but -- these pictures tell you a little bit a story of what gets done in this area through our office. Here you see a picture of a lot that has been cleared, and it looked terrible at one time. And, of course, we have a gentleman in our office by the name of Albert Zamorano. He is the NET Service Center Aid. He does a little bit of everything, and one of the things that he's agreed to do for us is -- are these lots, and he's doing a fantastic job. Just up to date -- as of January, we had 12 lots done. He's also done -- we've got some benches that -- somebody took them away, and we contacted Albert Zamorano, contacted Dade County, and we got the benches back. Now, we have a new inspector by the name of Maria Tobar (phonetic). She's brand new. She's been there maybe two weeks, and she is going to do a great job over Wynwood. She's going to be on the Wynwood side. She's already gotten us some receptacles, trash receptacles, which were needed on 34`" Street, and she's also worked to get these facades done. As you can see what a difference. This is a before and an after. It makes a big difference in an area when you start to do these kinds of things. The next individual in our office is Ms. Tina Pratt -Frazier. She has been there about six months. She's doing a wonderful job at the Edgewater area. That place is really changing. People are happy. Well, some people are happy. The ones -- can't say all the people are happy. But the people that really should be happy are happy. As you can see here, this building, how terrible it looked, through working through the facade, what a difference this building has -- it has taken. It's a wonderful thing. She's also -- these are also some other facades that 87 February 10, 2000 have been worked on by Ms. Tina Frazier, and some of the illegal dumping problems she has taken care of. She has ticketed the individuals, and she's also got it cleaned and put a " no dumping " sign, hopefully to stop that from happening again. Some of the vacant lots -- I mean some of the vacant, unsecured properties. As we all know, they become drug pens for the drug dealers and drug addicts, and through the help with Tina, with Code Compliance, and with the Police Department -- because almost all the things that we do, we do as a team. We work together, and we get it done. But here are some more pictures of this. And -- here's another building on Biscayne Boulevard that more development will come in on Biscayne Boulevard that is very needed, and some more trash that was taken care of with another building that was demolished over here. I don't want to go on without mentioning Ms. Cindy Fliggins, which she is in our office. She's the Service Center Rep. She takes care of the office. I'm not there all the time, and she really helps me out over there. She also takes care of all the licenses that come in, certificates of use, helps people out when they come in with questions, and she's also doing a wonderful job. Revenues, this year alone -- we had a little paper here that went a way, but as. of January alone, we had seven thousand eight hundred dollars ($7,800) through certificates of use, and occupational licenses. And... Commissioner Teele: How much? How much? Mr. Guadix: Seven thousand eight hundred through certificates of use in occupational licenses, just in the month of March. I mean, the month of January. Also, there is a picture here that you may not be able to see, but it's the streets that are clean. That doesn't happen by miracle or anything like that. We have two individuals, one by the name of Keith Hill, and Lewis George. These individuals are out there. They are the one that's are out there get in this sun and cleaning the streets, and people see them and they appreciate that, and we appreciate that, our .office. So they are here also. Having said that, I would like to go ahead and show you some of the development that's come into this area, which is very important. Some people have forgotten about this area for a while, but I think they've rediscovered it. It's like the best little secret kept in Miami. As you can see here, we have the Park Plaza, which is a high-rise apartment building that's coming in. We have a Publix that -- it's nothing concrete yet, but I think it's going to happen. We have a Publix coming on 19`h Street and Biscayne Boulevard with high residential, high end residential in the rear with other commercial properties maybe coming in, such as Blockbuster and other things. But I'll just let it happen. We have the United Teachers of Dade Project that's coming in. That's going to bring a lot of workers to the area. Of course, they are going to need the Publix. We have a bakery called Don Pan that's getting built right now. That's a wonderful thing for the area. We have affordable housing that's also taking place on 26`' and 27`' Street. This is for ownership. This is not rental. This is affordable housing for ownership, which is -- makes a very big difference. We had a Polio Tropical that was just done on 35`h Street. It's done. And one thing that's happening this month, on the 19, Bernice Steinberg Art Gallery, that's a world-renowned art gallery that moved from New York over here. That is incredible. They are right on 36 Street and North Miami Avenue. So, I hope you get a little bit better picture of what we have been doing in that -- in the NET area over there. What I'd like to do right now is turn it over to Lieutenant Mario Garcia. He's from the Police Department. He's a commander. Like I say, we wouldn't be able to do all the things that we do if it wasn't for their help, and we work together, and we do wonderful things. Thank you. 88 February 10, 2000 Lieutenant Mario Garcia: Thank you, Sergio. I won't take a lot of your time. Most of you know me, but it states here, "Please state your name and address." I am Lieutenant Mario Garcia. I'm the Commander of the Wynwood /Edgewater NET service area. I've been assigned to that community for the last three and a half years, and I'll be very honest with you. It has been a pleasure. There is a lot of misconceptions about Wynwood and especially poor communities in this country. Wynwood is a great place. It's a great, wonderful, little, small community. A lot of misinformation that has been disseminated about that community, such as citizens don't support the police, that they don't care about what happens on their streets. I've been there three years. It's been proven to me that that's a lie. We use a two prong approach to dealing with crime in the Wynwood /Edgewater community. One front is what I call aggressive police visibility in the sense of making sure that the officers are out there responding to calls for service, and focusing on the problems. Where is crime originating? So, we want to make it very uncomfortable for the criminal element. And the other approaches the crime prevention. With me, I have three gentlemen in uniforms. One of them is Sergeant Frank Bashell. Sergeant Frank Bashell not only supervises a squad in the afternoon shift, but also he specializes in searching through the Internet and finding outside sources of funding. He specializes in preparing grants, specifically for the Wynwood /Edgewater NET service area. In the last three years we've been able to obtain grants through the federal governments of Florida hired us specifically. We've been able to obtain a hundred and fifteen thousand dollars ($115,000) per year to be able to conduct proactive, problem -solving operations in the community. Another such grant we received from HUD (Department of Housing and Urban Development) to be able to put officers in these residential sites, and to be able to link, create a further psychological contract between the community and the Police Department. And another such grant, a very small grant, was obtained from the Women's Fund of Dade County. Very small grant for three thousand dollars ($3,000). That grant was obtained in order to put together a softball crime prevention program for at risk teenage girls. So, what we tried to do is that we tried to not only arrest the offenders, but also obtain thing that we can, you know, rehabilitate people in the community. Officer Willie Lopez is the NRO (Neighborhood Resource Officer of the Wynwood community. He is the specialist in crime prevention. He also teaches in Dade County School System. He teaches three hours a day at the elementary schools. He teaches there. And he also teaches crime prevention and other programs where we focus on kids. We focus on three groups. We focus on the youth, we focus on the elderly, and we focus on women, because in these poor communities, the majority of the citizens happen to be children, women, and the elderly. Officer Carlos Mendez is the NRO of the Edgewater community, and our focus there is a little different. There we feel that the more proactive that we are, the more we're going to facilitate for businesses to move into the neighborhood. The problems in Edgewater traditionally, have been prostitution. With prostitution, you have robberies, you have burglaries, and you have assaults. Well, we focus on the locations that are known to be the places where the prostitutes and the clients are going to go to. And we practically take over the locations. We implemented the VIP Program, which has been a great tool in reducing crime. It's a tool that is utilized to eliminate the potential for that activity to occur and, as a result of that, we've seen a lot of businesses moved into the neighborhood, businesses from such places as North Miami and Miami Beach. And last but not least, we'd like to mention that we like to create partnerships with the community, specifically with the residents. We work very closely with the Edgewater Economic Development Corporation. We're extremely 89 February 10, 2000 close with the Wynwood Advisory Committee, and then we've created partnerships with HUD (Department of Housing and Urban Development), as ASPIRA Alternative School, the corporate academy, the elementary schools, the churches, Temple of Israel. Practically anybody that wants to work with us. And I want to touch on the future. Where do we go from here? We've affected a tremendous amount of reduction in crime in Wynwood, and it's been done because of the help of the citizens in the neighborhood, and the businesses, but I think that the future of the City of Miami lies along the east, all the way up on the boulevard. On the east, that area is right for major development and then, on the Westside; you still have tremendous opportunities for industrial development, and still maintain the resident, the community atmosphere that currently exists. We're ready for a problem solving team. As you know, the federal governmental located that to the City of Miami, and Wynwood is earmarked to get one in the near future, when staffing becomes available. What we plan to do with that problem solving team is that we plan to assign the -officers to small beat areas. They will identify unique problems affecting the community and affecting crime. Once they resolve the problem, we'll move them to other parts of the neighborhood. And last but not least, OK, I'd like to invite all of you -- I know that some of you have been there -- any time you're in the neighborhood, stop by, say hello. We always have coffee. And if you're ever interested in meeting some of the small businesses that are moving into the neighborhood, we'll be more than happy to introduce them to you. Vice Chairman Gort: Thank you. Lieutenant Garcia: Thank you and have a good day. Mr. Guadix: I'll try to be very brief. The next thing I have to tell you is probably -- they are probably the most important people in this triangle. They are the community people that are here. The citizens. We have Dorothy Quintana, who has been in the area forever, and she helps us tremendously. We have Armando Rodriguez, who is the president of the Edgewater Concerned Citizens Association. We have Juan Jane, who is the Director of the Edgewater Economic Development Corporation. We have Janitza Kaplan, who is the Director of Rafael Hernandez Economic Development Corporation. Henry Mojica, who also is coming with the Edgewater Development Corporation. I'm sorry, with the Rafael Hernandez. Richard -- I'm sorry -- Emilio Lopez is also here, who is the director of the Biscayne clinic, and we have the -- Mr. and Mrs. Fernandez who are also great and Mr. Ray Navarro. They are -- without these people, we can't do what we do, and I want to make sure that they are recognized because these people are really what we need to help us do the work, and I think a couple of them would like to say a few words. Ms. Dorothy Quintana: Well, my name is Dorothy Quintana from Wynwood, and I'm very well pleased, since we have the new administrator, he's been doing a wonderful job. And thank God, the police and him, they work together, hand in hand. The place looks different (inaudible) cleaner and the officers really keep the place going, and .I'm very happy the way things are going now. Now, Lieutenant Garcia and his officers and Sergio. So, I thank you very much for keeping this going with them, and please, I want them to be helped for everything they need. Vice Chairman Gort: Thank you, Dorothy Allapattah to send him over to you. I want you to know we trained Sergio in 90 February 10, 2000 Mr. Emilio Lopez: Good afternoon. My name is Emilio Lopez. I am the president of the Lincoln Health Care Center in Wynwood, an institutions that serves about 20 -- a half -- 21,000 clients, and have 55,000 visitors a year in the area of the health care. Also, I'm the -- my latest cap in my feather is. I'm the Chairman of the Empowerment Zone for the Wynwood area. What I would like to say, you know, I always throw a little stone and that's my -- what I would like to say is this. This morning I was listening all morning the CDBG funding process, and I was really amazed and appalled that when they spoke about Wynwood, they never spoke about Wynwood, and when they mentioned underserved areas, Wynwood was not mentioned. I would like to read quoting from Mr. Teele from his November 16, when he was kind of introducing Mr. Winton into the process. " Certain parts of the City have received disproportionately far, far, far more money than they should have gotten, based upon an equitable distribution ", and as you all can argue about that, you can discuss it or debate it. Specifically, district that you are privileged to represent the district that your predecessor represented receive, and this is the part that I would like you to pay attention to it. " Receive a totally inequitable amount of Community Development money, " and if you look at this agenda today, this process continue to -- the pattern continue to be present. That was November 16 when you made that statement. I see it this morning, exactly the same process. What I would like you to bring to you is, like these people, I commend the people that work in Wynwood because they always been an area that has received this proper -- like Mr. Teele say, been underserved. And, you know, I would like you to remember that. I also would like to point to you one project that probably could bring back the Wynwood area to the level -- and it will be a lot of help for the Wynwood area, and it's been there for 12 -- right now I think it's going in the 10`" year, and the last four or five years it's been closed, and I think this had happened because of problems with the City of Miami, and I'm talking about the trade zone that is in the Empowerment Zone. I think this is something that you should look into. It is there. You know, it's built in land that was given to the Wynwood area by the City. Monies that, to the total amount of almost -- it was suppose to be ten million dollars ($10,000,000) and I understand the amount of money that has been given is only five million, and there is four point five million dollars ($4,500,000) that should be appropriated to that particular project, so it can be finished and put to work for this City. I mean, I invite all of you -- I invite all of you to visit, if you want -- you know, to go and visit that particular project. It's been -- now it's got deteriorated because nobody doing anything about it. I know that through my process, through the City of Miami, in many occasions, you know, it has been -- I don't want to accuse anybody, but you know, both parts have problems and I think that those problems should be ironed out, and that project, it will benefit, not only Wynwood, it will benefit the City of Miami. It will benefit Overtown, and it will be a source of employment for this City. So, that's one of the area that, you know -- other area that I would like to pinpoint to you is the area of the park. You know, anything that happens in the park is all to these people in here. You know, especially, the police -- the sergeant and the lieutenant and Lopez, the officer, they are the ones that have kept that park -- you know, they have brought in -- brought kids in, you know, but they are doing it by contributions. The Park Department has done anything for that park, and we would like that, you know, to be also looked into, because it's a need that the community has. The community has many other needs, but basically, you know, like these people said, you know, just closing and fixing the lots is not going to help. We need housing for housing, not urban renewal. Understand what I'm talking about. Not urban renewal. Because moving the people from the community to build beautiful housing and not keeping the people that need those houses, you know -- Wynwood, we 91 February 10, 2000 need housing and we need -- well, Wynwood need everything that any other community in -- if we look at the black community or the Anglo community or the Hispanic community, most of the communities need the same thing, health, education, jobs, you know, economic development. They are all basically the same thing. And what I would like to remind you is, in the next round of CDBG, and when you talk about housing and you talk about all those things, don't forget Wynwood. With that, I stop and who is next? Ms. Janitza Torres -Kaplan: Good afternoon. My name is Janitza Kaplan. I'm the Executive Director for Rafael Hernandez Housing. I just want to say that, as a new person into the Wynwood area, I arrived probably about a month before Sergio Guadix arrived in Wynwood, and I can certainly say that, under his leadership, we have seen a notable difference in how the community is responding to local government, the sentiment that we see in the area, the involvement of the entire staff. They are readily available to everyone, very sensitive to people's issues and concerns and needs. They are also -- I have to applaud their code enforcement team that's really out there working to benefit the community, and we see that -- just in the last few months, the impact it's had in our Facade Program, in our activity in that area, as well as the success on the streets. The streets seem so much cleaner than they were seven, eight months ago, so I really want to applaud the staff. I want to applaud Sergio, and congratulate you and hope that you will continue to support our local NET office and provide them, not only the tools they need, but the funds that they need so that they can succeed a hundred percent. That's about it. Thank you. Mr. Ray Navarro: Good afternoon. My name is Ray Navarro. I took an interest in the area of Wynwood in Edgewater approximately about three years ago, and although I was raised in the Little Havana area, I went to a junior high school -- no, no. It was a middle school (inaudible) junior high school, which is near the area of Wynwood and Edgewater. My biggest interest was that people in the area needed somewhat of attention. I'd like to classify myself as one of the landlords that has come to the area to improve the area, and to work with the government. I think the era of the old landlord, where they just come by and pick up their rent at the end of the month, is something of the past. My biggest concern for the area was safety. I like to think of myself as coming to the area to work with the families, as mentioned before, going and looking at the concern of safety, which, in my opinion, the Police Department has done a tremendous job in controlling crime, enhancing new programs, working with the families, and not just from a visual point of view, but I've had that opportunity to work with Lieutenant Garcia, Sergeant Bashell, the two NROs in the area, and, in my opinion, have done an excellent job. My concerns are for the so - called, the leader of our City not to disengage from looking at the area, and understanding the needs of the community. I will continue to work with the Code Enforcement Office. I think Sergio and his staff; they have done a great job. I bought -- I personally have invested between mortgages and down payment, close to four million dollars ($4,000,000) in the area, and some of the buildings were OK, and some of the buildings were not OK, but with their help, I'm bringing all of the problems with the community and the buildings to the conforming ways. So, again, I'm very, very thankful for the opportunity of being here today, and also very proud to be a part of the Wynwood group and the Edgewater. Thank you. Mr. Juan Jane: Well, my name is Juan Jane. I'm with the Executive Director of Edgewater Economic Development, and it's a pleasure for me to come here today to 92 February 10, 2000 say thank you to the NET officers, the Police Department, to the Code Enforcement. Thank to them, Edgewater, it is a place where you could walk freely on the street without having a problem. There has been times, seven, eight years ago, that you wouldn't dare to walk down that street, and thank God today, I go out of my office, sometimes seven, eight o' clock without being afraid of walking down to the parking lot and being held up with anyone, because you see only family walking around the street, and this is -- I have to give a very good thanks to the police officers that do a great job in that area. Excellent. I don't know of any instance that I have called upon Lieutenant Garcia and their officers, where they have come and help us to create the situation where it's feasible for the families to live there. In respect to the NET office, excellent job. The Code Enforcement people there, the two ladies have done a great, excellent job. They have keep our area beautiful in their way of having the facades done and when ever they have a problem with the trash, the Edgewater area is clean today. Thanks to them. And I'm here for -- asking you to keep their support for our NET Office. Sergio Guadix has been incredible. I mean, having him in our neighborhood is excellent. I cannot say anymore. And to thank you and to thank them for having like that'. Mr. Armando Rodriguez: Good afternoon. My name is Armando Rodriguez. The first time that I came to this podium was 13 years ago, in order to complain, and I think that I've been complaining for 13 years. Today, I came to thank you -- I mean; I would like to thank the members of the NET Office. I want to thank every one of you because from that corner to this corner, every one of you has been helping Edgewater tremendously during the 13 years, and especially the Police Department. I mean, without safe, without security, there is no development, and the Police Department gave unconditional support to Edgewater for 13 years. Our police station has been there, with the cooperation and assistance of many of you, and particularly, Chief Warshaw, and we needed open -- we want to keep in mind that we need to keep the police -- I mean, there are certain movement in the police that it should be taken into consideration. I think that to have -- to know the faces of the sergeant and the people is very, very important, and there has been applause for Edgewater neighborhood. We have a good development going on in Edgewater today, and I would like to thank Sergio Guadix. In six months, he has been the Edgewater NET administrator. The community help improved tremendously. I want to thank Lieutenant Garcia. I want to thank Officer Mendez, Officer Lopez, and Tina. I mean, these are the people that are hand by hand working in Edgewater, and they have really changed the face of Edgewater. As a matter of suggestion to this Commission that might help, not only the Edgewater NET administration -- you know, probably all the NETS -- might be good is when somebody come to planning with a project that is going to a neighborhood, must be a way to communicate the NET Office that the project is planning to go to your neighborhood, so that people can have ahead of time an input in what's coming to their particular neighborhood. I'm not talking only about Wynwood /Edgewater NET. All over the City. I think that it's a link of communication that would be very important to keep in the future. Thank you to all of you one more time for your cooperation to Wynwood /Edgewater NET. Ms. Mary Fernandez: Good morning. My name is Mary Fernandez or Maria Chiara- Fernandez, better known to my friends as Mary Fernandez. I'd like -- I cannot let go by this opportunity to thank Lieutenant Garcia, to thank the NET Edgewater /Wynwood Office at this point, I feel so good because I'm one of those who were always say afraid to hear "call the Police Department or call anybody for help." I've 93 February 10, 2000 been in the area for thirty years, and I seen this gone -- all the things, the good and the bad things about it. Today, I can say I am very proud of Sergeant Bashell, Sergeant Cruz, lieutenant -- the Lieutenant Mario Garcia, the NROs. I am not afraid to approach any of the police officers that work in the Edgewater /Wynwood area. And I'd like to thank them, and I am here to support them and to ask support for them. Thank you. Mr. Guadix: I think everybody, I think, has said a lot, and I think you understand the importance of the NET. Vice Chairman Gort: Sergio, you did a good job, and you brought the right people to speak on your behalf. You did a good job on that. Mr. Guadix: Thank you. And I thank you for -- to the Commission for their time. Thank you very much. Vice Chairman Gort: Thank you all. Have a good day. Now get back to work. Vice Chairman Gort: Item 4, I believe. Commissioner Winton: Is it four? Vice Chairman Gort: That's it. Commissioner Sanchez: Yeah, it's mine. Commissioner Winton: We're only at four? Commissioner Sanchez: Go to the next one. Go to the next one. Vice Chairman Gort: Item 5, Local Law Enforcement Block Grant. Commissioner Sanchez: So moved. Vice Chairman Gort: It's been moved. Is there a second? It's allocating additional funds to the... Commissioner Winton: Second Vice Chairman Gort: Is there any discussion? strike. Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 94 February 10, 2000 Vice Chairman Gort: Aye. Ms. Maria Chiaro (Assistant City Attorney): It's an ordinance, sir. Vice Chairman Gort: It's an ordinance. I'm sorry. Read it. Vice Chairman Gort: Call the question. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A SPECIAL REVENUE FUND ENTITLED " LOCAL LAW ENFORCEMENT BLOCK GRANT IV PROGRAM " AND AUTHORIZING EXPENDITURES FOR ITS OPERATION, IN THE AMOUNT OF $3,449,194, CONSISTING OF A GRANT FROM THE U. S. DEPARTMENT OF JUSTICE; PROVIDING FOR THE APPROPRIATIONS TO SAID FUND OF INTEREST EARNED FROM FISCAL YEAR 1999 -2000 AND FISCAL YEAR 2000-2001; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE ALL NECESSARY DOCUMENT (S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE, AND THE APPROPRIATIONS OF INTEREST FROM THE GRANT MONEIS; FURTHER AUTHORIZING THE ALLOCATION OF MATCHING FUNDS, IN THE AMOUNT OF $383,244, FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, ACCOUNT . CODE NUMBER 001000.290301.6.050; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. was passed on its first reading, by title, at the meeting of January 13, 2000, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Commissioner Winton, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Said ordinance was designated Ordinance No. 11887. The ordinance was read by title into the public record by the City Attorney. 95 February 10, 2000 Vice Chairman Gort: Item 6 is a second reading also. Accepting fourteen thousand dollars ($14,000) from the U. S. Department of Justice and Office. Commissioner Sanchez: So moved. Commissioner Winton: Second. Vice Chairman Gort: It's been moved and second. Is there any discussion? Read the ordinance. Call the question. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A SPECIAL REVENUE FUND ENTITLED " BULLETPROOF VEST PARTNERSHIP GRANT, AND AUTHORIZING EXPENDITURES IN THE AMOUNT OF $14,000, CONSISTING OF A GRANT FROM THE U. S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE ALL NECESSARY DOCUMENT (S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION SAND SEVERABILITY CLAUSE. was passed on its first reading, by title, at the meeting of January 13, 2000, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Commissioner Winton, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Said ordinance was designated Ordinance No. 11888. The ordinance was read by title into the public record by the City Attorney. 96 February 10, 2000 Commissioner Sanchez: We're on item 4. Vice Chairman Gort: Item 4. Commissioner Sanchez: Item 4 is discussion concerning the City legislative priorities for the year 2000. That's a State legislation. As liaison between the City of Miami and the lobbying team in Tallahassee, I would just take this opportunity to brief the Commission on some of the legislative items that will be presented in Tallahassee, that would benefit the City of Miami. Number 1 is the use of sales tax proceeds for Orange Bowl Stadium improvement. That bill would allow stadium that houses collegic teams to retain proceeds of sales tax for capital improvement. We're basically focusing on the Orange Bowl on that one. Use of (inaudible) proceedings for moving traffic violations for radio equipment. That would go towards the communication system, which would allow separate source of funding for its radio communication program. The Police Department's radios are to a point of obsolete. Also, the Fire Department. That is one of the most concerns that law enforcement officers have, and fire fighters, in case they need help, the lifeline may not work. So, that is being put forth in Tallahassee. The legislative appropriation items are the Blue Lagoon Lake clean up. That is an initial clean up that cost one hundred thousand dollars ($100,000) and thirty thousand dollars ($30,000) to maintain., These bills have been put forth, and they have also gone to the appropriate committees that will hear these bills. The Little Havana Charrette is based on economic a development study for the Little Havana area. We're asking for a hundred and fifty thousand from the legislation. The Verrick Park Community Center. That pertains to a recreational center that affects, among other targets, CDBG (Community Development Block Grant) areas. We're asking for four hundred thousand dollar ($400,000.00) dollars. Little Haiti after School Diversity Program, after school and weekend programs to serve at risk youth in Little Haiti, we're asking for- eight hundred thousand dollars ($800,000). Miami Love at Risk Youth Project pertains to youth crime, deterring program by occurring at risk youth in productivity out lets, sports, et cetera. We're asking for three hundred and thirteen thousand dollars ($313,000) -- nine hundred. This program was funded in 1998. Little Haiti park, the only neighborhood in the City of Miami, with no park, needs money for land acquisition, sign improvement, planning site, and equipment. We're asking for ten million dollars ($10,000,000) on that one. After school enrichment program, Partners of Dade County Public school for a home work assistance program for children, eighty-six thousand dollars ($86,000). The 2000 collaborative of legislative appropriation issues. One of the biggest concern -- and we're really working hard. We're going to be working together with the County -- is the Miami River dredging -- Miami -Dade County is asking for six point three million dollars ($6,300,000) pertaining to the maintenance, drainage of the Miami River. Crisis outplacement housing and services for homeless, mentally ill persons, post crisis stabilization, unit out placement and transition housing for chronic mentally ill, homeless people or persons, in cooperation with Miami -Dade County, we're asking for six hundred and seventy-five thousand dollars ($675,000). Non- medical, detox substance abuse, treatment and beds and transitional beds for homeless persons who are duly diagnosed, in cooperation with Dade County, this project will 97 February 10, 2000 provide non-medical detox services for homeless individuals. The general municipal issues of tell communication supports the continuation authority of counties and municipalities to manage and to determine compensation for use' of public right-of- way, property tax date of applicability, to prevent that properties that have not obtained a certified or occupancy prior to January 2 of a given taxable year will enjoy the balance of the year, free of tax assessment. Legal notice required, update the current method of advertising for public hearing, and such (inaudible) more than periodically to include the Internet, et cetera. These bills have all been brought in forth of the Dade Delegation. Most of the bills that need to go to committees have already been put forth in committee. Marva, if you could update any questions that the Commissioners may have pertaining to the legislation 2000? - Vice Chairman Gort: Questions? Commissioner Winton. Commissioner Winton: I have a question and kind of a comment. We've all been reading in the newspaper recently about the Florida wind storm business that's going to disproportionately affect Miami Dade County, and in particular, the City of Miami dramatically with wind storm rates going up 300 to 400 percent over a three or four year period. That's on top of the probably 300 percent or so that they've already been raised since 1992. So, this is an issue that -- I remember, before I was a Commissioner, and I listened to the debates on garbage fees, and fire taxes, and the concern that our residents couldn't support a twenty-five dollar ($25) per year additional fee. We're talking here, literally, about hundreds and hundreds of dollars, where a typical homeowner fee can go from six hundred dollars a year to over two thousand dollars ($2,000) a year. Now, that's a real increase, and that's a real impact on our citizens. So, it seems to me that we ought to have in our legislative priority package here on issues that relate to that, then it seems to me, at least based on what I've read so far, that there are two key issues that we ought to get our fellows legislators from Tallahassee to support, and our lobbyist to support regarding this. One is to disband the arbitration panel that's heavily weighted in favor of the industry. That's number one. And the other part was related to the actuarial studies, and, apparently, there is a computer model that's been done by the insurance companies that really -- its base line assumptions are called into question, but there is no additional -- there are no other studies done, and there are those in Tallahassee who are suggesting that the legislature fund a new computer model to determine if impact of a major storm on our Florida cities that would be done independent of the insurance industry, like being done by one of our major university systems. So, those are the two recommended solutions that I've read so far in the newspaper, and it seems to me that our Commission ought to support, with all of our resources, making sure those things happen because we're in for a heck of a fight here. Commissioner Sanchez: And that is an issue that's being present in Tallahassee. As a matter of fact, it's a very popular issue. I remember meeting with Tony Jennings, who's running now for Insurance Commissioner, sand that was one. of the issues that was heavily discussed. Just for your information. Commissioner Regalado: Well, we should -- just a question on what Johnny was saying. What we should lobby is for the legislature to get rid of that free board panel that is over writing always Bill Nelson's position. They went to court, though. Vice Chairman Gort: OK. Is there any other questions on legislative priorities? 98 February 10, 2000 Commissioner Winton: Well, how do we get that on there? Do we need -- it just happens? Commissioner Sanchez: Somebody's going to put a (inaudible) well supported. Commissioner Winton: Thank you. Commissioner Sanchez: OK. Vice Chairman Gort: Any other items? Do you need a motion? Commissioner Sanchez: No, I don't believe we -- it's just a briefing -- because, remember the last time... Vice Chairman Gort: OK. Thank you. Vice Chairman Gort: Number eight, second reading. Amending City code and adopting ordinances, implement Charter amendment changes that release the strong Mayor Commission form of government. Commissioner Sanchez: So moved. Vice Chairman Gort: It's been moved. Commissioner Regalado: Second. Vice Chairman Gort: Second. Read it. Call the roll. 99 February 10, 2000 An Ordinance Entitled AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ANY ADOPTED ORDINANCES, TO IMPLEMENT THE AMENDMENTS TO, THE CHARTER ADOPTED NOVEMBER 2, 1999; CHANGING THE TERM CITY MANAGER WHERE IT .APPEARS IN THE CODE TO MAYOR, DELETING DUPLICATION, AND OTHERWISE CONFORMING THE CODE TO IMPLEMENT THE " STRONG MAYOR - COMMISSION " FORM OF GOVERNMENT; ESTABLISHING THE PRESIDING OFFICER OF THE COMMISSION; DELETING REFERENCES 'TO POSITION OF CITY MANAGER IN RETIREMENT BENEFITS; DELETING SECTION 2-37 RELATED TO THE POSITION OF CITY.°MANAGER; PROVIDING FOR TRANSITION AND CONTINUATION OF PRESENT CITY OFFICERS AND EMPLOYEES, LAWS, CONTRACTS OBLIGATIONS; CONTAINING A REPEALER PROVISION AND PROVIDING FOR A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. was passed on its first reading, by title, at the meeting of January 27, 2000, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Commissioner Regalado, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: ' None. Said ordinance was designated Ordinance No. 11889. The ordinance was read by title into the, public record by the City Attorney. 100 February 10, 2000 Vice Chairman Gort: Item 9, second reading. This is the ordinance of the financial integrity principles. Do I have a motion? Commissioner Winton: Move. Vice Chairman Gort: It's been moved- Second? ° Commissioner Sanchez: - Second. Vice Chairman Gort: Discussion? Read the ordinance. Call the roll. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTERS 2 AND 18 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED " ADMINISTRATION " AND " FINANCE " TO REMOVE PROVISIONS RELATING TO THE ANTI -DEFICIENCY ACT FROM CHAPTER 2 AND RELOCATE SAME TO CHAPTER 18 IN NEW ARTICLE IX ENTITLED " FINANCIAL POLICIES "; FURTHER AMENDING CHAPTER 18 TO SET FORTH FINANCIAL POLICIES AS THEY RELATE TO FINANCIAL INTEGRITY PRINCIPLES; MORE PARTICULARLY BY (A) DELETING NAMED REFERENCE TO AN ARTICLE XII IN CHAPTER 2, (B) RELOCATING SECTIONS 2-1145 THROUGH 2-1148 TO CHAPTER 18, NEW ARTICLE IX/DIVISION 1 AS SECTIONS 18-500 THROUGH 18-503, AND (C) CREATING NEW DIVISION 2 TO NEW ARTICLE IX, WITH SECTIONS 18- 540 AND 18-541; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. 101 February 10, 2000 was passed on its first reading, by title, at the meeting of January 27, 2000, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Winton, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort 'Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr.. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Said ordinance was designated Ordinance No. 11890. The ordinance was read by title into the public record by the City Attorney. Vice Chairman Gort: Since we skipped seven, ( inaudible ) ordinance and Partnership Fund. Commissioner Sanchez: Which one are we on? Vice Chairman Gort: Item 7 is twenty-five thousand dollar ($25,000) dedicated to several in - house programs, including publication in Police Department annual report, and increase -- Commissioner Sanchez: So moved. So moved item 7. Commissioner Winton: Second. Vice Chairman Gort: It's been -moved ordinance. Call the roll. Is there a second? Discussion? Read the 102 February 10, 2000 An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11418, ADOPTED ON DECEMBER 12, 1996, WHICH ESTABLISHED INITIAL RESOURCES AND APPROPRIATIONS FOR THE SPECIAL REVENUE FUND, ENTITLED " PARTNERSHIP FUND ;" TO INCREASE APPROPRIATIONS TO THE FUND IN THE AMOUNT OF $25,000, SAID FUNDS RECEIVED.AND ACCEPTED AS DONATIONS FROM VARIOUS PRIVATE ORGANIZATIONS; FURTHER AUTHORIZING THE EXPENDITURE OF SAID FUNDS FOR THE PRODUCTION OF COMMUNITY EVENTS AND IN-HOUSE PROGRAMS, INCLUDING THE PUBLICATION OF THE POLICE DEPARTMENT'S ANNUAL REPORT, SUBJECT TO COMPLIANCE WITH ALL CITY CODE PROCUREMENT PROCEDURES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. was passed on its first reading, by title, at the meeting of January 13, 2000, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Commissioner Winton, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Said ordinance was designated Ordinance No. 11891. The ordinance was 'read by title into the public record by the City Attorney. Vice Chairman Gort: By the way, since I have the Chief in here, Chief, we would appreciate it -- we, today, we passed a lot of the fundings allocated by the Miami Police Department to the different programs throughout the City. For quite a while now, we've been requesting -- and it's for your own good and for ourselves to have the programs entail what they are doing, what their performance, and where. it's being performed. Because I know we do a lot of good things in a lot of the places, and people are not.aware of it. Now, we need to be aware of it, and I think you should do it to all of us. Thank you. 103 February 10, 2000 Vice Chairman Gort: Thank you. Item 9A. Mr. Alejandro Vilarello (City Attorney): This is an ordinance creating a City administrator position. Vice Chairman Gort: Second reading. Is there a motion? Commissioner Teele: Moved by Teele. Commissioner Sanchez: Second. Vice Chairman Gort: Moved and second. Commissioner Winton: Comment. Vice Chairman Gort: Comments. Commissioner. Winton: In our discussion last time we talked about -- I think Commissioner Teele brought this up, which I wholeheartedly supported -- and that was point one, be a graduate of accredited colleague or university with a bachelor's degree in public administration, and I thought that we, in essence, felt that the person should or could have a degree in public administration, but could have a degree in most anything, not necessarily and/or a related field, but could have any bachelor's degree, if they had the requisite experience to go with it. So, I'm not sure this is written the way -- it isn't written the way that I thought that we were suggesting it last time. Maybe I misunderstood., Commissioner Teele: You are correct in the way you've explained it. Vice Chairman Gort: Well, you're correct. We requested that. Mr. Vilarello: Commissioners, if... Commissioner Teele: A bachelor's degree. Mr. Vilarello: If you look at the last part of the sentence, after subsection B2, it says it or any equivalent combination of training and experience asset forth in subsections one and two herein above, and I believe that that gives you the latitude to essentially point anybody... Commissioner Teele: But what we're saying is, we don't want to limit this to public administration. I mean that's the issue. Mr. Vilarello: We can remove it. Commissioner Teele: Just a bachelor's degree. 104 February 10, 2000 Commissioner Winton: Great. Vice Chairman Gort: Right. Because you... Commissioner Teele: And? Vice Chairman Gort: You know, I'm, not an attorney, but-- or related field. What's a related field to public administration? Mr. Vilarello: It is a very... - Commissioner Teele: Basket weaving. Mr. Vilarello: -- broad area which allows this City Commission to have maximum -- I mean, allows the Mayor to have maximum discretion. Vice Chairman Gort: OK. Thank you. Any further discussion? Roll call Mr. Walter Foeman (City Clerk): It's an ordinance. . An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION /OFFICERS ".'TO CREATE AND PROVIDE FOR THE APPOINTMENT OF CITY ADMINISTRATOR; MORE PARTICULARLY BY ADDING NEW DIVISION 5, SECTIONS 2- 161 AND 2-162, TO SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was passed'on its first reading, by title, at the meeting of January 27, 2000, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Teele, seconded by Commissioner Sanchez, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: Commissioner Tomas Regalado ABSENT: None. Said ordinance was designated Ordinance No. 11892. The ordinance was read by title into the public record by the City Attorney. 105 February 10, 2000 Vice Chairman Gort: OK. (Comments during roll call). Commissioner Teele: Before I vote. Even, though this thing -- even though this ordinance says, " the Mayor shall fix the salary, " I don't think the Commission should be misled about that. The Commission will be able to approve the budget, and in approving a budget, you limit salaries, you can do a whole lot of things. So, I mean, I want to be very, very clear that there is a body of law that's called the budget procedures that give the Commission broad authority. But salary -- this is a correct ordinance, and -- but the ability to set the budget is broader and encompassing of that, so I vote yes. Vice Chairman Gort: Item 10, ordinance repealing and reenacting chapter 11 of repealing -- reenacting chapter 11 entitled " cable television. this ordinance provides the terms and conditions for the operation of cable system, the application of procedures, and requirements relating to the granting of licenses for the construction. This is first reading. Commissioner Teele: Is Mr. Liebowitz -- is this... Mr. Alejandro Vilarello (City Attorney): We have outside counsel. Mr. Liebowitz is not here. An associate from his firm is before you. Commissioner Regalado: Question. Mr. Braulio Baez: Braulio Baez for the... Commissioner Teele: Can't hear you, sir. Vice Chairman Gort: Put your mike up and speak into the mike, please. Mr. Baez: Braulio Baez for the firm. Commissioner Teele: What firm and what address? Mr. Baez: Liebowitz and Associates, 1 Southeast 3`d Avenue. Vice Chairman Gort: Question from Commissioner Regalado Commissioner Regalado: We had been going on this contract like two years, is it? 106 . February 10, 2000 E • Mr. Baez: Longer than that, I think, the loan has been in effect, yes. Commissioner Regalado: Well, I don't know what other questions the members of the Commission have, but I would like to set some timetable, no more than 45 days to finalize this contract, or the City should look for another provider. Because this has been going on for too long, and we -- seems that we have not been able to finalize anything. And that would be a friendly amendment to this ordinance, or a different motion given. Mr. Vilarello: That would be a procedural matter, that we could bring back for second reading, within 45 days, and wouldn't require, an amendment to the ordinance.. Commissioner Regalado: OK. Commissioner Sanchez: Mr. Vice Chair? Vice Chairman Gort: Yes. Commissioner Sanchez: I just have one question. Have they met all the agreements? Have they complied with the agreements? Ms. Elaine Buza: Elaine Buza, telecommunications administrator. With the current ordinance, Commissioner, is that what you're asking? Commissioner Sanchez: Yes. Ms. Buza: In the past there have been violations of the current ordinance, both financial and technical. Part of the agreement and part of the binding letter that was signed last year is some 'cash reimbursements for those violations. Those cash reimbursements are in escrow right now to point eight five million and that would be on the completion of this negotiation, upon the Commission's agreement, could be viewed as reparation for those past violations. Commissioner Sanchez: Are both sides sitting down at the table? Ms. Buza: We hope that, during the week of February 14, both sides will be sitting down at the table. Mr. Baez: Commissioner, if I may, I think... Vice Chairman Gort: Let me -- my understanding, I have a current status report of February 1, 2000. All of this that's on this report is included in this contract? Ms. Buza: That's a brief summary of where we are today,, sir. Yes, that's correct. And of the out standing issues that we -would seek to negotiate during the week of the 14. Vice Chairman Gort: OK. So all of this is contemplating in the contract? Ms. Buza: Yes. 107 February 10, 2000 Vice Chairman Gort: Thank you. Anyone else? Commissioner Sanchez: First reading. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Commissioner Teele. Commissioner Teele: Two questions. Is the current operator of the cable is AT&T (American Telephone & Telegraph) or... . Mr. Ramon Rasco: Yes, sir. Commissioner Teele: Is there a representative of AT&T (American Telephone & Telegraph) here today? Ms. Buza: Mr. Stewart Easterly is representing AT&T (American Telephone & Telegraph) and TCI (Telecommunications, Inc.). Mr. Ramon Rasco: Ramon.Rasco, Commissioner Teele, on behalf of AT&T. Commissioner Teele: It's a pleasure, Mr. Rasco, to see you here, as always. I had no idea you had such a broad representation. Mr. Rasco: I started representing AT&T about two or three months ago, Commissioner. Commissioner Teele.: Well, I'm somewhat taken aback. Most of my comments I was going to make, I'm not sure I want to make them since you're such a distinguished citizen in our community. Mr. Rasco: Thank you, sir. Commissioner Teele: But nevertheless... Mr. Rasco: I've had clients that have received... Commissioner Teele: But the concern, I. think, that we all have is whether or not -- I mean, this ordinance may or may not be necessary. I don't think it would be necessary if everyone had a strong sense that the current operate was taking this City seriously, and I realize that, in the context of business of providing cable, we're just a footnote or a rounding error, but we are a City that has residents, that we have an obligation to. My concern has been the delivery of customer service and the customer benefits, and not all of the big talk about dollars, et cetera. We have asked the cable company, repeatedly, to make standards. And we went .through this whole thing about -- which I thought, quite frankly, was a little unrealistic -- that they've got to answer the telephone within thirty seconds,. and provide a response within all of that. And what I would like, as a part of this ordinance going forward before a second reading, is some type of report from the City and the operator on what kind of job we're doing in improving the service. I realize that there is a series of issues going on of repiping, or re -retrofitting or whatever upgrading -- but you know, my service is constantly on 108 February 10, 2000 the blink. It's constantly out. The people in the neighborhood where I live have the same problem. We live less than three blocks from the headquarters,. and, yet, you can't get any responses in all of that. Now, if we're having that problem, people all over the City are having the problem. So, to me, the answer is not just providing -- this ordinance would provide, if I'm correct, the opportunity to have a second operator, is that correct? Mr. Rasco: Yes, Commissioner. Commissioner Teele: To me, the issue is not just getting a second operator. The real issue is getting the current operator to meet the goal and the standards that we set. We had a Commission meeting that went on for an hour and a half and everybody was talking about " oh, they better do this, and if you don't, I'm going to -- " you know, but the fact of the matter is, so what? Where are we now? Do we have any kind of report on the compliance and -- I mean, in terms of the staff believing that you all, AT&T, is really complying. Do we have mechanisms in place, Ms. Buza... Ms. Buza: Yes, we do, sir. As a matter of fact, in -- as part of this process -- and it happened about a year and a half ago -- we did an in depth ascertainment report on the performance of the cable operator,' and we have continued to try to maintain those statistics. Commissioner Teele: Within the -- what is the period, monthly, quarterly, weekly, biweekly? What is the... Ms. Buza: Right now we do statistics monthly. We summarize them quarterly, and we summarize them annually. Commissioner Teele: So, within the last quarter, has AT&T been complying in spirit or in letter or both? Ms. Buza: In the last quarter, the actual number 'of consumer complaints has actually decreased, and they have put in a program of remedial maintenance on the existing system, while they have also started to rebuild of the new system. Commissioner Teele: No, no, no. I want to focus on consumer issues. I'm willing to stipulate on the.rebuild. I'm willing to stipulate that they are doing a tremendous job, I guess, of buying out other people and -- but on customer -- on consumer complaints, are they answering the telephone? We had a standard that I didn't understand, that said that they had to answer the phone... Vice Chairman Gort: Three minutes, four minutes, something like that. Commissioner Teele: No. They had to answer the phone within thirty seconds, and provide a response or something -- are they doing that? I mean, it doesn't make sense for us to pass these kind of crazy rules if the staff isn't -- can I just see some kind of chart or something that shows us where we stand in this process? Ms Buza: We'll be glad to provide you with that information, Commissioner. Commissioner Teele: Well, -- again, I want AT&T or whoever the operator is to know 109 February 10, 2000 0 . 0 that I'm personally not interested in providing undue competition in a very limited market. What I am very much in favor of is providing competition if our services are not up to standards, and I' have a sense that we really don't have the level of service and if quality of service that I think we should have, and we should enjoy. I'd like to be able to either quantify that or dismiss that. So... Mr. Rasco: I think, Commissioner, your comments are taken to heart by AT&T. I think that some improvements are already in place. One of the big problems... Vice Chairman Gort: I'm sorry. Did you give us your name and address? Mr. Rasco: I'm sorry. Ramon Rasco, 5200 Blue Lagoon Drive. One of the problems in the delay was the open access 'ordinance that was attempted at the County, which is how I became involved in AT&T. That was defeated, and now the broadband is going to be rolled out in all of Dade County. And I know that AT&T is particularly concerned with the City of Miami. Commissioner Teele: Well, your presence signifies that they are more concerned that they have been. Mr. Rasco: Thank you, Commissioner. Commissioner Regalado: Just a question. Ramon, just a question. Do you have any idea when we will be able to finalize the agreement with AT&T? Mr. Rasco: I have not, Commissioner Regalado, been involved in ' this particular agreement until yesterdays when they called me on this. I will take the message back. I spoke to Mr. Vilarello about .this, and about the City's frustration with the negotiations to date, and I will take that message back to the .Florida general council and speak to him personally. Commissioner Teele: I don't want to get that go. Can we establish -- what would be a reasonable period of time for you all to come back and... Mr. Rasco: I understand there is a March... Commissioner Teele: I'm talking -- Mr. Rasco, I'm talking about you and AT&T now on this agreement. Would the first week of March be satisfactory? These things have to go up and get all kinds of approvals. I think it's important that you all come back and give us something, because we still don't have an agreement, do we, Mr.. Mr. Baez: Baez. No, 'Commissioner, we don't. What you have before you is just a master ordinance, if you will, and then... Commissioner Teele: But do we have an agreement? Are you all satisfied -- I mean, has... Mr. Baez: No; sir. Commissioner Teele: Haven't we had a problem getting AT&T to come to the table and respond? 110 February 10, 2000 Mr. Baez: I think, if you saw in your background materials that the lead negotiator for ATT has changed faces and names several times, at least during the time that I've been there, and I suspect even before, an one of the things that we've asked the company is to name one person and have a decision maker at these meetings that have going to come up, a person that can make the decision on the spot, so that we can dispense with all the going back and forth within the company. Commissioner Teele: Mr. Rasco, do .you think that by, say, the second meeting in March that you all could have figured that out an come back with our lawyers with a joint report to us on where we are on the status of the negotiations of the signing of the contract? Mr. Rasco: Yes, I think so, Chairman Teele. I think the 45 -day limit that was placed by Commissioner Regalado earlier is acceptable to AT&T. Mr. Baez: Commissioner, I would point out to the fact that what we need and what the City needs is to have someone that can make the deal on the spot, and that's something that we, at this point, haven't had. . Vice Chairman Gort: Have not had, yes. Mr. Rasco: I understand that's been the problem, and I will address that with my client to resolve that problem. Vice Chairman Gort: Question. When we have the first reading -- the second reading, do which have a time certain that we need to bring it back or... Mr. Vilarello: Based on Commissioner Regalado's comments, I guess we can bring it back for the second meeting in March for second reading. Vice Chairman Gort: OK. Commissioner Sanchez: Willie, willing to move this. It's in the best interest of the City. Vice Chairman Gort: But before you move, let's hear from this young man here. Mr. Albio Castillo: My name is Albio Castillo. I live at 2386 Southwest 1 street. I would like to know is how much it's going to cost in Attorney's fees? Because I don't want to go for another AT&T fiasco. Can this be done in a normal manner, without costing too much? Vice Chairman Gort: We're trying. We're trying. Mr. Castillo: Another thing is, Net 9 was out of commission, and I didn't get a discount when Hurricane Irene on my cable. It went out for a couple of days. Thank you. Vice Chairman Gort: Ask for the rebate. 111 February 10, 2000 Mr. Castillo: I already did, and I... Vice Chairman Gort: Good. Mr. Castillo: -- give them a nice little note, but I didn't get it... Vice Chairman Gort: OK. Do I have a motion? Commissioner Sanchez: So moved. Vice Chairman Gort: It's been moved. Is there a second? This is first reading. Commissioner Winton: Second. Vice Chairman Gort: It's been moved and second. Further discussion? Being none, read the ordinance. Roll call. An Ordinance Entitled — AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE "CODE OF THE CITY OF MIAMI, FLORIDA," BY APPEALING APPENDIX A AND REPEALING AND REENACTING CHAPTER 11 ENTITLED CABLE TELEVISION", PROVIDING THE TERMS AND CONDITIONS FOR THE OPERATION OF THE CABLE TELEVISION SYSTEMS, AND THE APPLICATION, PROCEDURES AND REQUIREMENTS RELATING TO THE GRANT OF LICENSES FOR THE CONSTRUCTION INSTALLATION, OPERATION, AND MAINTENANCE OF CABLE TELEVISION SYSTEMS, EQUIPMENT AND FACILITIES IN, ON, ACROSS, ABOVE, OR IN ANY MANNER WHATSOEVER USE THE CITY'S PUBLIC RIGHTS-OF-WAY AND TO ENSURE THAT THE USE OF THE CITY'S PUBLIC RIGHTS-OF-WAY IS IN THE PUBLIC'S BEST INTEREST, IN CONFORMANCE WITH APPLICABLE LAWS, PROVIDING FOR CONFLICTS, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR SEVERABILITY, PROVIDING NOR AN EFFECTIVE DATE. 112 February 10, 2000 was introduced by Commissioner Sanchez, seconded by Commissioner Winton, and was passed on first reading, by title only, by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele; Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. The ordinance was read by title into the public record by the City Attorney. Vice Chairman Gort: Item 11, recycling and appropriation ordinance. It's accepting $265,147 from the State of Florida. Commissioner Sanchez: So moved. Vice Chairman Gort: Is there a second? Commissioner Winton: Second. Vice Chairman Gort: Discussion? Being none, read the ordinance. Roll call. 113 February 10, 2000 An Ordinance Entitled = AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SOLID WASTE REDUCTION.. RECYCLING AND EDUCATION (F Y'00),. AND . APPROPRIATING FUNDS FROM THE DEVELOPMENT AND IMPLEMENTATION OF SAME IN THE AMOUNT OF $265,14, CONSISTING OF TWO GRANTS FROM THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION, A RECYCLING AND EDUCATION GRANT, IN THE AMOUNT OF $174,155, AND A WASTE TIRES GRANT IN THE AMOUNT OF $90,992; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT, AWARDS AND TO EXECUTE THE NECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; TO ACCEPT SAID GRANTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR -AN EFFECTIVE DATE. was introduced by Commissioner Sanchez, seconded by Commissioner Winton, and was passed on first reading, by title only, by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: . None. The ordinance was read by title into ,the public record by the City Attorney. Commissioner Teele: On number 12, Mr. Chairman, I would move that it be deferred -for thirty days. It relates to -- I'm being advised that there are budget issues that the City staff has raised, and I want to be able to understand those issues. Commissioner Sanchez: Second. Vice Chairman Gort: OK. It's been moved and second. All in favor state by saying "aye " The Commission (Collectively.): "Aye." 114 February 10, 2000 v • The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO. 00-130 A MOTION TO DEFER CONSIDERATION FOR 30 DAYS OF AGENDA ITEM 12 (PROPOSED FIRST READING ORDINANCE RELATED TO SERVICES PROVIDED TO BOARDS BY THE OFFICE OF THE CITY CLERK). Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton Commissioner Arthur E. Teele, Jr. NAYS: None. ABSENT: None. Vice Chairman Gort: Item 13. Valet parking concession. Mr. Alejandro Vilarello (City Attorney): Commissioners, this is a... Commissioner Sanchez: All this does is -- it's the payment of a lump sum for fifty thousand dollars ($50,000), spreads it out for over a period of 12 months. Commissioner Teele: Mr. Chairman, on this item. Now, I've never voted on this item before. Mr. Attorney. Mr. Vilarello: This is an existing agreement with Bayfront Valet, a limited liability company. It's a valet service associated with the Casino Princess, which has an agreement with the City at Bayfront Park Trust. This agreement was approved last year by the Bayfront Park Trust after a competition. It was competitively negotiated, and required that a lump sum amount of fifty thousand dollars ($50,000) be given to the Bayfront Park Trust immediately upon execution of the agreement. This does not change the financial agreement at all, other than to allow for that fifty thousand dollars ($50,000) amount to be spread throughout the year in 12 equal monthly payments. Commissioner Teele: Mr. Chairman, I'm going to ask that this item be deferred far two reasons. First of all, I really don't understand the way this item is presented. Second of all, I think there is an obvious issue here. I don't think any of us should be asked to vote on something now involving a matter like this, unless it's an emergency. 115 February 10, 2000 I mean, we don't know what the financial -- I don't know what the -- I want a briefing. I don't want to start voting on stuff and then wind up reading four months later that I did something that I didn't do. So, I would ask the indulgence. of the attorney -- and I would think that the attorney should have pulled this item, given the nature of the issues that are before us in today's Miami Herald. But this is my question. I understood, and I was well aware of the competitive bid relating to the Princess -- the ship. This doesn't relate to the ship. Commissioner Sanchez: Sure, it does. If I may, Commissioner. This is an agreement made by the Bayfront Park Trust and Bayfront Ventures. They agreed to pay a hundred and eighty thousand dollars ($180,000) per year or the right to operate the concession, which was the parking, the valet parking. Commissioner Teele: So, this is the valet parking? Commissioner Sanchez: Yes. And the agreement was that they paid fifty thousand dollars lump sum, and this rest they would pay on a monthly basis. What they've asked here is -- and it was passed by the Bayfront Park Trust -- is that if they could spread the payment of fifty thousand dollars ($50,000) -- instead of giving it in a lump sum, give it on a monthly basis. I don't see a problem with it. The Trust has a bond on the issue, and we're still going to get the money at the end. It's just a matter of getting fifty thousand dollars ($50,000) one lump or spreading it out on a 12 month. But if it's your will to defer the item, I will. Commissioner Teele: I mean, I'd be willing to vote against it and let it go forward. I mean... Commissioner Sanchez: Well, move it. Move it and vote against it. Commissioner Teele:. No, no, I'm not going to move it. But this is the point. Commissioner Winton: Put this after Sanchez comment about Teele could move it and he wouldn't have a problem: Could I ask a couple of questions? Commissioner Teele: But this is the point. It is a big difference between paying fifty thousand dollars ($50,000) down and spreading something out, and the question is -- and I'll yield to Commissioner Winton, who has some development expertise. But, you know, whether it be fifty thousand or twenty million, if you pay it now and you spread it out, there is a different current value.—I, I'm not sure. But I did check to see if Bayfront Valet was making their payments to the surcharge, and it's clear they are having some financial difficulty. They made the December payment substantially late. They made it -- but they did make it now before .the Commission meeting for the month of December and January. But, Commissioner Winton, it is correct to say that spreading something out and paying it in front, unless you're. giving a differential on the dollar amount, is the same? Commissioner Winton: No, it is not the same. You obviously get more if you get the money up front. Time value money. Not to mention the fact that you have the opportunity to reinvest that money -- reinvest that money up front. So, it is a better deal for the vendor. The question I had though was, I can't figure out when this agreement went into effect, Commissioner Sanchez. 116 February 10, 2000 0 • Commissioner Sanchez: This agreement was there -- I inherited this agreement. Commissioner Winton: Right. I'm sure. I understand. Commissioner Sanchez: Just like I've inherited a lot of things here, but you know. Commissioner Winton: So, I'm not trying to put... Commissioner Sanchez: - I've got to deal with it, and I honestly don't see such a big problem with this issue, but apparently Commissioner Teele does, and I respect that. You know... Commissioner Teele: But, you know, it's not that I have a problem. I don't think that, as a matter of forum, we should be asked to vote on something involving Bayfront Trust, that has the financial implications that it does, when we have no idea -- I don't have a clue as to who's writing checks or who's not writing checks, and I just would like to at least be able to assure myself that, when the smoke clears, that Bayfront Valet or whoever these people are -- and I don't even know who they are. Commissioner Sanchez:. Commissioner, if you want to defer the item, you could defer the item. You are only twenty percent of this Commission. If you want to defer, you've got to get a second. God bless you, if you do get a second. I don't see a problem with this. The back up material is in your agenda. You had plenty of time to study the issue. Now, if... Vice Chairman Gort: Commissioner Sanchez, let me interject for a minute. Commissioner Teele: Commissioner Sanchez, until this morning... Vice Chairman Gort: It's been --'it's been -- excuse me. Commissioner Teele: Until this morning, when I read the Miami Herald... Commissioner Sanchez: This has nothing to do with the Miami Herald. Commissioner Teele: That's what you say. Vice Chairman Gort: Commissioner there is a long-standing agreement among ourselves in here that any Commissioner that asks for a referral, it automatically should be given to him. That's been the past always. Commissioner Teele: New rules come along. Commissioner Sanchez: So, any Commissioner that has an item that wants to defer it, all he needs is just to ask for deferred, no second? Vice Chairman Gort: It's always been like that. But, no, it needs to be seconded and then approved. Commissioner Sanchez: Well, I think it needs a second, all right. 117 February 10, 2000 Vice Chairman Gort: OK. I know, it does. It does. Commissioner Sanchez: It should -- one Commissioner should not have the right to say defer an item and defer the item. He needs a second and that's the way -- if we're going to do things properly here, let's do it. Because, you know, hey... Vice Chairman Gort:. Commissioner Sanchez I'm just telling you of the policy that's been in the past. Sure, it has to go to a second, but automatic, any Commissioner, out of courtesy, if they ask for a deferral ofan item because they need to research, whatever, it has been done in the past. You can =- it needs a motion and it needs a second, and we all have to vote on it. Commissioner Sanchez: Well, Commissioner Teele has made the motion. Is there a second to defer the item? Vice Chairman Gort: Is there a second? Commissioner Regalado: I'll second that because I think that it's unfair to bring anything related to Bayfront Trust to this Commission. It is very unfair -- even if it doesn't have anything to do what is going on, because the perception is that the whole Bayfront Trust is under major investigation for to get the front page of the Herald and the police and the Federal Attorney -- if you read the article and no one -- I only got a call from the City Attorney, and I spoke to the Manager and to John Lynn (phonetic). I only know what they briefly told me, and I know more now because of what I've read. But seems to me from what I read, is that major investigation is going on and major things are happening there -- were happening this, so -- I mean, if you are going to brief us in the future, that's fine with me, and I'll feel more comfortable. But now, I think it's unfair to bring anything at all to this Commission that.,has to do with Bayfront Trust. Vice Chairman Gort: OK: Any further discussion? Being none, call the roll. (Comments made during roll call) Vice Chairman Gort: To follow tradition, unfortunately, I'm going to have to vote yes on this one. Mr. Alejandro Vilarello (City Attorney): Motion fails. 118 February 10, 2000 The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION FAILED Upon being seconded by Commissioner Regalado, the motion failed by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. NAYS: Commissioner Joe Sanchez Commissioner Johnny L. Winton ABSENT: None. Note for the Record: Item 14 was deferred. Vice Chairman Gort: Item 14 has been deferred. Mr. Vilarello: The motion failed, Commissioner. Item 13, the motion to defer failed. Vice Chairman Gort: No. It died. I agreed. I'm saying, now on item 14 has been pulled out by the administration. OK. So, we're on item 15 now. Vice Chairman Gort: So, we're on item 15 now. An amendment -- a resolution amending resolution of T-shirts and golf shirts and Citywide. Commissioner Regalado: You need to vote on 13. .The motion died. You need to vote on 13. Commissioner Sanchez: Motion to approve. Vice Chairman Gort: It's a motion to approve. Commissioner Teele: What? Commissioner Sanchez: Thirteen. You weren't here to vote. Commissioner .Teele: On what? Commissioner Sanchez: On 13 Commissioner. Winton: Second for discussion. Vice Chairman Gort: On deferral. 119 February 10, 2000 Commissioner Sanchez: Motion to approve. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Winton: Second for discussion. Vice Chairman Gort: Discussion.. Commissioner Sanchez:. I have made it very clear. You know, I inherited this. This is something that it came in front of the last board of the Bayfront Park Trust. It's something that we voted. It's something that we need to pass and expedite, so we could get back to business at Bayfront Park. I asked this Commission to approve this fifty thousand dollars ($50,000) in a lump sum or spread out in 12.months. It is the same money. It's just -- as Commissioner Teele stated, the Casino Princess is one of the biggest contributors there. They are going through some hard times. They've asked for this. I think that a good corporate citizen, with the Trust, we should grant them this. That's just my' plea to this Commission. Vice Chairman Gort: Commissioner Winton. Commissioner Winton: I have no comments Vice Chairman Gort: Commissioner Winton Commissioner Winton: I have no comments. Vice Chairman Gort: Call the question. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 00-131 A RESOLUTION, OF THE MIAMI CITY COMMISSION AUTHORIZING THE BAYFRONT PARK MANAGEMENT TRUST (THE "TRUST") TO AMEND. AN EXISTING AGREEMENT BETWEEN THE CITY OF MIAMI (THE "CITY"), THE TRUST, AND BAYFRONT VALET L. C., A FLORIDA LIMITED LIABILITY. COMPANY COMPRISED OF BAYFRONT VENTURES, A FLORIDA JOINT VENTURE WITH SPECIAL - COR COMPANY, A FLORIDA CORPORATION (OPERATOR), RESTRUCTURING THE ANNUAL LUMP SUM PAYMENT OF $50,000 AND DIVIDING THE AMOUNT OVER 12 MONTHLY PAYMENTS AND CORRECTING THE REFERENCE IN THE AGREEMENT THAT THE ANNUAL LICENSE FEE IS TO BE PAID TO THE CITY IS AN ERROR; IT BEING THE INTENT OF ALL PARTIES TO THE AGREEMENT THAT THE ANNUAL LICENSE' FEE IS TO BE PAID TO THE TRUST. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 120 February 10, 2000 Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: Commissioner Tomas Regalado ABSENT: Commissioner Arthur E. Teele, Jr, Vice Chairman Gort: Item 15. Fourteen .has been pulled. Resolution to amend the -- resolution of T-shirts and golf shirts Citywide. Commissioner Teele:' Mr. Chairman, I want, to explain my absence by simply saying this: I don't think it is prudent for this Commission to have acted on anything coming out of Bayfront Trust. This has nothing to do with the Chairman. It has nothing to do with the .board. If there are allegations that are as serious as appearing in the Miami Herald, I don't think the Commission should put itself in harm's way. I refuse to debate things that wind up being personal, because .I have nothing but personal admiration for Commissioner Sanchez, and if he wants -- you want to take it personal, that's why I removed myself. But I think this Commission has made a big mistake in approving this, and I would hope that there are no other items that relate to contracts and financing that come from Bayfront Trust until we at least have an idea as to what it is we're doing. If, for some reason, God for bid, that this company is involved. in any matter that relates to the son going investigation -- you know, all of us who have voted on this, who had no reason to have been involved in it, have now approved something, and I can assure you that you will read it again, and I don't know whether they are and I certainly don't mean to suggest that they are. But I think that we, as a Commission, need to protect our own credibility and our own sense of trying to do the correct.thing. I am not saying that this is the wrong thing to do. I'm simply saying, we don't have enough facts to know if they are involved or not involved, or if they have been innocently put involved, but at least we should know what we're doing before we vote on this, in light of today's things. I've been in public office perhaps as long as any one up here in the context of this. This is a very dangerous precedent, and I would respectfully request of the Chairman of the Trust to please not bring matters relating to approving contracts or amending contracts of old entities. If this were a new contract going out for bid, it would be totally different. But these are things that have been going on long before you got there, Joe. Long before I got there, if true. And there is no reason to 'start approving -- modifying things involving principles and people that we have no knowledge of what their role is. So, that's why I was absent and I just think that the Commission should know that. I don't have a conflict. I don't 121 February 10, 2000 own Bayfront Limited Valets or LLC or anybody like that. All that I'm simply saying is that I would hope that we're not put in this position in the future. Vice Chairman Gort: OK. Item 15. Increase the contract amount of thirty thousand for the new total contract, amount not to exceed a hundred and fifteen thousand, for the purchase of T-shirts and golf shirts with silkscreen and, border Citywide. Commissioner Teele: So moved. Vice Chairman Gort: It's been moved. Is there a second? Is there a second? Commissioner Winton: Second. Vice Chairman Gort: Discussion? Commissioner Winton: Yes Vice Chairman Gort: Go ahead. Commissioner Winton: I have a question. As a matter of internal policy, these funds come from where? Is that from. the General Fund to buy these T-shirts and golf shirts? Mr. Donald Warshaw (City Manager): In the general funds, yes. Commissioner Winton: General funds. And when the City provides T-shirts -- are these T-shirts and golf shorts available to any City employee who wants one? Mr. Warshaw: No. They are designated for a specific department, where they become part of the uniform of the day, so to speak. Ms. Judy Carter (Director, Purchasing): Yeah, they are very -- yeah, your building and Zoning Department, your GSA (General Services Administration), your... Mr. Warshaw: It's not a social thing. Commissioner Winton: Do the employees reimburse the City for them or is this -- the City gives them to them? Ms. Carter: this particular usage is for the General Fund, funded procurements. Commissioner Winton: How do you determine, 'then, from an employee fairness standpoint, who gets a free City T-shirt and who doesn't? Mr. Warshaw: And this is, kind of a gray answer, but there are certain City departments wear uniforms of some sort, for purposes of identification, are probably more appropriate' than in others.' And often times there have even been votes within the unit of the department as to whether or not they felt a certain comfort level to wear a shirt, whether it was a certain color, a badge or what have you. But, otherwise, there is no clothing allowance, except for people in Police, in accordance with union contracts. 122 February 10, 2000 Vice Chairman Gort: Further discussion? Ms. Carter: NET (Neighborhood Enhancement Team) Offices also, in particularly, use this particular contract. Vice Chairman Gort: Personally, I think it's very important the questions Commissioner Winton, have asked to put criteria on how -- and once you set up criteria, then you don't have any problems. Who are the ones that are going to be using it? I mean we purchase uniforms for police and for fire. I don't. see any problem purchasing T-shirts for the inspectors, and the people on the streets. I think that gives them recognition, and uniformity. I think they look very good. Mr. Warshaw: And we had some issues involving dress, particularly, in certain departments, including NET (Neighborhood Enhancement Team). You know, it's a standard look. You're a City employee, representing the City, you're knocking on someone's door, that you look the part. People know who you are. It's not just anybody wears everything. So, there is a cost associated with it, but I think long term, it's a small investment for a big pay off .that citizens- understand who City employees are. I think it makes the employees more recognizable, with the authority that they. carry. Commissioner Winton: And I don't disagree with that part. And I just have to echo what Commissioner -- or Chairman Gort just said, and that is to make sure that we have very clear standards as to who gets them' and who doesn't or, otherwise, there is a program that, if I'm a City employee over here, and I don't get my T-shirt and everybody else gets one, I mean, there are problems there, and/or the risk that this whole program just balloons out of control. Vice Chairman Gort: Yeah, this is something Commissioner Teele has always brought up. We have standards. Those standards, you apply to everyone, you'll never have problems. OK. Any further discussion? All in favor state by saying "aye." The Commission (Collectively): "Aye." 123 February 10, 2000 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 00-132 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), AMENDING RESOLUTION NO. 99-253, ACCEPTING BIDS FROM ALINA SPORTSWEAR, INC. PENTAGON HEALTH CARE SERVICES, EMBROIDER IT, INC., ZIPP SPORTING GOODS, CREATIVE HANDS, INC., AND MIAMI TO GO, INC. FOR THE FURNISHING OF T-SHIRTS AND GOLF SHIRTS ON A CITYWIDE CONTRACT BASIS, AT A TOTAL ANNUAL AMOUNT NOT TO EXCEED $85,000, BY RESCINDING THE BID- AWARD FROM CREATIVE HANDS, INC. AND ACCEPTING THE BID OF RDH QUEST INC. FOR THE FURNISHING OF SAID SHIRTS; FURTHER INCREASING THE TOTAL CONTRACT AMOUNT BY $30,000, FROM $85,000 TO $115,000; ALLOCATING FUNDS THEREFOR FROM VARIOUS USER DEPARTMENTS AT TIME OF NEED, SUBJECT. TO BUDGETARY APPROVAL., (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: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Vice Chairman Gort: Item 16. Commissioner Teele: Emergency. Vice Chairman Gort: Emergency. Mr. Carlos Gimenez (Chief of Fire): Carlos Jimenez, the Fire Chief. This item is for 124 February 10, 2000 fencing at stations 2 and 9. They had a number of break-ins to the personal property at those stations. They had chain link fences that were easily broken into. And, also, for the appearance of the neighborhood, we had to put in it looked more like an armed camp. So, for those reasons, we wanted to make sure that we put a more secure fencing, but also a more appropriate for the neighborhood in terms of appearance. Mr. Donald Warshaw (City Manager): Let me just again state for the record, I have a previous item to the Fire 'Department last spring, in particular, when I did a visit to many of the fire stations and I saw. some of, the deteriorating conditions. I told Fire Chief that I wanted him. immediately, as quickly'as possible, to initiate certain repairs that include fencing, that included things inside, in terms of roof work, a apply answers, what have you. I mean the place really needed work. So, this is something that I initiated some time back. It's being brought to you now but correct me if I'm wrong -- it goes back to last August or even earlier. Vice Chairman Gort: Well, I understand that. But 'one of the things that we've talked about in the past, we've kind of cut this emergency issue. I think this is something that has been in great need for a long time, and that could have been brought to us through the normal channels. OK. Any further discussion? Commissioner Teele: When was this contract entered into? Mr. Gimenez: Last year. Mr. Warshaw: I see it went to the Oversight Board in August of `99, so backtracking from there, it was prior to August of last year. Commissioner Teele: Have we put in place a miscellaneous chain fence -- it would seem to me that the building and Zoning Department, and demolition removals and the housing, that we have the need for miscellaneous construction or reconstruction of chain link fences. Do we have -- Mr. Warshaw, you Mr. Warshaw: I think we do have a smaller opened... Ms. Judy Carter (Director, Purchasing): We, have a Citywide contract for chain link .,fencing; however, this is for wrought iron. 'But we do have one for chain link, your every day chain link. Vice Chairman Gort: Further discussion? Commissioner Teele: Move the item. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Winton: Second. Vice Chairman Gort: OK. Further discussion? Being none; all in favor state by saying "aye." The Commission (Collectively): "Aye." 125 February. 10, 2000 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 00-133 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR, -FIFTHS (4/5THS) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE. CITY MANAGER'S FINDING OF AN . EMERGENCY; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND APPROVING .THE PROCUREMENT AND INSTALLATION OF WROUGHT IRON FENCING AT FIRE STATIONS NOS. 2 AND 9, FROM C&F DECORATING SERVICES, INC. IN A TOTAL AMOUNT NOT TO EXCEED $65,000, FOR THE DEPARTMENT OF FIRE.- RESCUE; ALLOCATING FUNDS THEREFORE FROM CIP PROJECT NUMBER 313302, ACCOUNT NO. 2.89401.6.850, FUNDED. BY THE FIRE ASSESSMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice.Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe, Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS:. None. ABSENT: None. Vice Chairman Gort: Item 17 Mr. Donald Warshaw (City Manager): Commissioner, if I could just say on the record -- I understand we have a few more of these. It had been the policy of the Commission that, these emergencies that we go to the Commission, who oversaw that particular park. I directed the Fire Chief to run these all by then Commissioner Plummer. That's why they really -- I wouldn.'t have approved emergencies of this nature, in terms of the size, had that not taken place. Vice Chairman Gort: OK': Rectify and approve, confirm emergency placement of roofs on fire stations 7 and 8. 126 February 10, 2000 Commissioner Teele: So moved, Mr. Chairman. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: Discussion? Being none, all in favor state by saying "aye. The Commission (Collectively): "Aye." The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 00-134 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTH (4/5T"s) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS, AND APPROVING THE REPLACEMENT OF ROOFS AT FIRE STATION NO. 7, IN THE AMOUNT OF $56,000, AND NO. 8, IN THE AMOUNT OF $39,000, INCLUDING A CONTINGENCY OF $6,375, FOR A TOTAL AMOUNT. NOT TO EXCEED $95,000 BY TRANS COASTAL CONSTRUCTION COMPANY, FOR THE DEPARTMENT OF FIRE -RESCUE; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NUMBERS 313302.289401.6.860, ($39,000), FUNDED BY THE FIRE ASSESSMENT AND 313018.289301.6.860, ($56,000), FUNDED BY FIRE BONDS. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 127 February 10, 2000 Vice Chairman Gort: Eighteen. Commissioner Regalado: Mr. Chairman? Vice Chairman Gort: Yes. Commissioner Regalado:' On item 18, there are a hundred and seventy-three thousand nine hundred and ninety-four dollars and fifty cents ($173,994.50) from CDBG (Community Development Block Grant) funds. Mr. Mariano Cruz: That's exactly what I was going to say. Commissioner Regalado: I feel very, very uncomfortable and I think that I will try to introduce a motion to... Commissioner Winton: Second. Commissioner Regalado: ...have this amount, place it for future allocation and use the Fire Fee for completion of this... Mr. Cruz: Set aside. Commissioner Winton: Second the motion. Vice Chairman Gort: It's been moved and second. That was part of the discussion this morning that we requested.from the administration. Commissioner Teele: So, the item is to -- the motion would be to approve the emergency purchase but substituting the funding source of hundred and ninety -- a hundred seventy thousand dollars ($170,000) from the Community Development... Commissioner Regalado: For the fire fee. Commissioner Sanchez: fire fee. Commissioner Teele: To the fire fee. Commissioner Winton: To the fire fee, right. Vice Chairman Gort: Right. Commissioner Regalado: And had place that money for future allocations... Mr. Donald Warshaw (City Manager): Correct. 128 February 10, 2000 0 Mr. Cruz: Set aside. Commissioner Winton: Correct. • Vice Chairman Gort: OK. Is the motion understood? Any discussion? Being none, all in favor.state by saying "aye." The Commission (Collectively): "Aye." The.following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 00-135 A RESOLUTION BY A FOUR FIFTHS (4/5THS) AFFIRMATIVE VOTE OF THE MEMBERS OF THE MIAMI CITY COMMISSION, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT AN EMERGENCY EXISTED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND AUTHORIZING THE PURCHASE OF GOODS AND SERVICES. FROM VARIOUS VENDORS AS SPECIFIED HEREIN FOR THE RENOVATION OF FLOORING AT CERTAIN FIRE STATIONS FOR THE DEPARTMENT OF FIRE RESCUE, IN A TOTAL AMOUNT NOT TO EXCEED $204,422.50; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROJECT ("CIP") NO. 313302, ACCOUNT NO. 289401.6.850, AS FUNDED BY THE FIRE -RESCUE ASSESSMENT. (HERE FOLLOWS BODY OF RESOLUTION, OMITTED HERE AND ON FILE IN THE OFFICE OF THE.CITY CLERK.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 129 February 10, 2000 Vice Chairman Gort: Nineteen,.Lifepak System for Fire Department. Commissioner Teele: So moved. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: Discussion? Being none; all in favor state by saying "aye." The Commission (Collectively): "Aye." The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 00-136 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE CONTRACT, WITH PHYSIO CONTROL CORPORATION, THE SOLE SOURCE PROVIDER, FOR THE PURCHASE OF TEN LIFEPAK 12 DEFIBRILLATION /MONITOR UNITS, 12 -LEAD EKG MONITORING OPTIONS; AND RELATED EQUIPMENT, IN AN AMOUNT NOT TO EXCEED $129,730, AND 18 LIFEPAK 500 AUTOMATED EXTERNAL DEFIBRILLATORS (AED) AND RELATED EQUIPMENT, IN AN AMOUNT NOT TO EXCEED $51,243.50, FROM $141,725 TO $322,698.50, FOR. A TOTAL INCREASE NOT TO EXCEED. $180,973.50; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM, PROJECT NO. 313304,. FIRE -RESCUE EQUIPMENT, ACCOUNT NO. 289401.6.850; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S) TO EVIDENCE SAID INCREASE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 130 February 10, 2000 Vice Chairman Gort: Item 20, resolution accepting bids and authorizing contract award for police and general fleet vehicles for five point seven seven eight, seven one seven point four three. Commissioner Regalado: How many cars? Mr. Dean De Jong (Acting Director, GSA): How many cars? Commissioner Regalado: Yeah. Mr. De Jong: Dean De Jong, Acting Director, GSA (General Services Administration). This is for a total, Commissioner, of two hundred and seventy-three vehicles. Commissioner Regalado: For? Mr. De Jong: For departments ranging from Asset Management, Conference and Conventions, City Attorney, Finance, Fire, Human Resources, Info Tech. NET, Police, and Solid Waste. Commissioner Sanchez: How many cars did we buy last year? Commissioner Teele: Probably nothing. Mr. De Jong:. I wasn't here last year, and I don't honestly know. Commissioner Sanchez: Well, I remember it being... Commissioner Regalado: A lot: A lot. Commissioner Sanchez: I remember it being a chunk of money going to cars. Commissioner Regalado: A lot. Seven million I think it was. Commissioner Sanchez: Last year, I think it was for Police Department, that we bought how many cars? A hundred and thirty-five. Mr. Donald Warshaw (City Manager): Correct. Mr. De Jong: A hundred and thirty-five. Mr. Warshaw: In accordance with the contract. 131 February 10, 2000 • Mr. De Jong: Right. Vice Chairman Gort: Question. Mr. De Jong: And a hundred and... Vice Chairman Gort: What are the total automobiles within the system, total? Put them all together. Mr. Warshaw: Total of fleet? ' Mr. De Jong: Total of fleet... Vice Chairman Gort: Total of fleet. Mr. De Jong: Light fleet, now. Cars, those kinds of things is approximately 1400 vehicles Vice Chairman Gort: OK. Out of those 1400 vehicle, how many s.erved,.two three, four, five years do you have? Mr. De Jong: Most of these vehicles are 1996 or older. Just.a point of reference, this year we will get rid of -- take out of, off the books, away from the city -- two hundred and 37 vehicles right now, which consist mainly of Chevy Caprices, 168 of the 2.37 will, in fact, be police vehicles, which are old '91s, '92s. Another 69 from miscellaneous departments. In addition to that, we lose about two a month, motors and that. So... Commissioner Sanchez: All right. And we sell those cars. I mean, the ones that... Mr. De Jong: We sell those cars at auctions. Commissioner Sanchez: And where do those funds go? Mr. Warshaw: They go to auction.. Mr. De Jong: Auction, and go back... Commissioner Sanchez: Yeah. Where do those funds from the auction go? Mr. Warshaw: To the general... Mr. De Jong: Back to the General Fund. And just as another point of reference, last year we auctioned an additional 112 .vehicles. So, what we're looking at is by the end of this year, we would have gotten rid of about 370 cars. Vice Chairman Gort: I think, for the future, it would be important also, so people could understand why the need is the new cars is, the costs of maintaining the old cars compared to buying the new cars, .because I think that's very important because just think we're buying cars because we want to. 132 February 10, 2000 Mr. De Jong: Absolutely. Right. Absolutely, Commissioner. First of all, there is maintenance. And, secondly, with the new cars, we can get extended warranties, which allow us to go beyond the normal kind of thing and, overall, that's good for the City. And that's why we want to get rid of these old ones. Commissioner Winton: Mr. Chairman, do we have a standard -- do we have a policy life expectancy, annual life expectancy for light fleet? Mr. De Jong: It's based -- well; it's based primarily on this point by contract and by need. Commissioner Winton: And the truth is... Mr. Warshaw: Union contract. Mr. De Jong: Union contract. Commissioner Winton: And what. is that? Mr. De Jong: Seven years. Commissioner Winton: Seven. Tony Rodriguez (Miami Fraternal Order of Police): We extended it this last month to save the City money, and we raised it to seven years and the officers pay for the oil changes and maintenance. Mr. Warshaw: It was once five years. Commissioner Winton: OK. So that's 1400 vehicles. That's two hundred a year, just . boom, automatically? Mr. Rodriguez: No, it's not '1400. Not contractually. It's about eleven hundred contractually. Vice Chairman Gort: Sorry. Name and address and station. Mr. Rodriguez: Tony Rodriguez, President, Miami FOP (Fraternal Order of Police). No, Commissioner. Contractual obligation is about 11,000 or less vehicles. Actually, it's about a thousand because you have staff included in that. So, it's about a hundred and fifty a year. Last year they purchased less than a hundred and fifty, and they purchased a hundred and thirty-five, which, by the way, was not at the cost of seven million dollars ($7,000,000). They were small cars, administrative cars, and they were at the price of about 16 thousand each. So, it's just upwards of two million dollars ($2,000,000), not the seven million dollars ($7,000,000) contractual. So, it is very important to note that we did extend a time period of those cars to seven years, with the officers providing oil changes and the maintenance on those vehicles. Commissioner Winton: Well, I think you.missed my point. My point is, if there are 1400 vehicles and we have to 'replace vehicles -- I don't care whether it's contractually 133 February 10, 2000 or not. Vehicles wear out. So, if we have 1400 light vehicles in' our fleet and if you have an annual life expectancy of seven years for all of those, it's going to be two hundred a year that you're going to be replacing on a routine basis, regardless of all the other kind of issues, was my point. Mr. De Jong: Right. Commissioner Winton: Well, that's the minimum. Mr. De Jong: Yeah. The creation of a schedule is absolutely what we look for. What we're doing, once again, is because of the problems, playing a little bit of catch up. Mr. Rodriguez: It's not, I'm telling you. It's not. They don't go seven years, the other cars. Look at the list of cars that they are buying. They. are buying heavy-duty trucks. Commissioner Winton: Tony, you're obviously are missing my point. Mr. Rodriguez: No. All right, Commissioner. Commissioner Winton: Completely. We don't have to argue here. Mr. Rodriguez: I don't. I know we don't. Vice Chairman Gort: Any further discussion.? Commissioner Regalado: Yeah. Vice Chairman Gort: Go ahead. Mr. Mariano Cruz: (Inaudible) Vice Chairman Gort: Yeah. Well, Commissioners first. Commissioner Regalado: Did we buy garbage -trucks recently? I remember -- Mr. De Jong: Yes, we have. In fact, we took delivery of five of them this week. This, Commissioner, just so you understand, is what we call the light fleet side. Commissioner Regalado: No, no. But I -- because I got a question. Where are the old fire -- I mean, the old garbage trucks? Do you have it in Solid Waste department, in the yard? Mr. Clarance Patterson (Director, Solid Waste): Yes, sir. As we put in new ones, we'll take the old ones out. Commissioner Regalado: And where are the old ones? Mr. Patterson: Well, they are not old yet. We're still using them until we put these into service. When these go into service, we'll take those out, and they will be auctioned off. 134 February 10, 2000 Commissioner Regalado: They will be auctioned? Mr. Patterson: Yes, sir. Commissioner Regalado: The reason I'm asking is because every time that I request that some large trash be picked up in the' Flagami area, they are telling me that the Flagami area does not have a pick-up truck, so they cannot pick up tires or they have to wait for Solid Waste to go there. I would think that it would be good for the City to have one old garbage truck in every NET (Neighborhood Enhancement Team) or assign a truck to the NET offices, so they can have'their personal, apart from the daily pick up, to pick up large illegal dumping. Because, I mean -- you know, we had to wait four weeks, four weeks to pick up some tires in an alley in Flagami, and now it's been three weeks to pick up an old air condition. Mr. Warshaw: Just jump in. A couple of issues. In this bid -- in this item, this resolution, there are forteen. pick-up trucks. One for each NET area. I'm not sure, Commissioner, if you're referring to pick-up trucks, but. Commissioner Regalado: I am referring to pick-up trucks. Mr. Warshaw: OK. There are... Commissioner Regalado: What I will tell you, that it would be good to have a garbage truck in every NET or, at least, in .some of the NET area. I know it's a problem about insurance and driving, but I think it's important that some trash that needs to be picked up, it is -- -- but if you're going if we're talking on a pick-up truck -- because there are some NET Office that do have pick-up trucks, others don't. Mr. Warshaw: I will speak with Mr. Patterson on the garbage truck issue, but I want you to know, there are 1.4 pick-up trucks. One for each NET Office, as part of this, and they are desperately needed.. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Teele: The document that you've given us is actually, I think, a very good document, and I want to compliment you, Mr. Director, madam director, for really bringing a little bit more .information. One 'of the things that - I may have missed it -- but do we summarize exactly how much money is going to each vendor? Is there a summary in here somewhere? I see the break out... Ms. Judy Carter (Director, Purchasing): Yes. Yes. What we are doing and asking you to approve, is to approve the entire list of vendors that responded within 10 of -- when ever there is a need for a certain car, based upon the options, plus the base bid price, that will determine who's the low bidder for that particular car, based upon the need of the department. So, therefore, we don't know at the time. Commissioner Teele: OK. But don't we have a projection.now of how much money -- the Manager just stay, for example, there are 14 trucks that are going out, as a part of this. So, don't we have a list somewhere of what we're going to buy off of this right 135 February 10, 2000 now? Ms. Carter: In do you know what you need right now in'terms of the options, because that's the key? Mr. De Jong: We have lists of different trucks, like the pick-up trucks, and the options, and based on the information we have, we have ideas of who the vendors are, but just as an example, Anthony Abrams has exercised the local 10 percent preference. So, we have to take that now into consideration. That's why the resolution is presented as it is, to give us flexibility. Commissioner Teele: I think it's very helpful. The question, then I have is two questions. Number one, have we compared our prices to other governmental agencies, such as Dade County and the State of Florida, and we're getting the best price that is available for these items at this point and... Ms. Carter: Yes, sir. In fact, Miami Beach had interest in utilizing our contract. Commissioner Teele: OK. That's always a good sign when governments are buying off of each - other, and that means we're doing something right. And the second question is this. What agency -- .what department is specking this Suburban van, in which you only. have one bidder for? Just tell me one department or two departments or three. Where did this requirement come from? Mr. De Jong: The requirements for the van come from a request from the department Commissioner Teele: No, no, no. Please. Commissioner Teele: Throughout this document... Mr. De Jong: OK. Yes, sir. I'm sorry. Commissioner Teele: -- everything reads really well, until you get to suburban, OK? Until you get down to Suburban. Now, first of all, Suburban, that's like saying an IBM (International Business Machines) Think Pad or a -- you know, or -- you know this document -- somewhere within the Purchasing Department or within GSA, I just want to say -- and I'm, you know, I'm through with it -- you've got four bidders, five bidders, three bidders, two bidders for virtually everything, except something called a Suburban, and a Suburban is not a four by four or it's not a four wheel, compact, or a four -door compact or a 12 passenger van, The thing'that stands out like a sore thumb is this Suburban deal, so who's the Suburban deal person? That's what I'm trying to find out. Because I'd like to approve it -- I'd like to approve this document, with the exception of the. Suburban deal. Because the Suburban deal is a sole source bid, at the end of the day here. And what you've done is, you've given us this package that looks great... Major Joseph Longueira: Commissioner, if I could try and address it. A Suburban... Commissioner Teele: Except you package in somebody's Suburban, sole source, which is, by the way, it's probably the most expensive vehicle on here. It's twenty-eight thousand dollars ($28,000). 136 February 10, 2000 • Major Longueira: Commissioner, if I can try and answer heavy-duty utility vehicle that meets a specific need for... • Suburbans are four -door, Commissioner Teele: Then why doesn't it say that? Then why doesn't it say, a four - door, heavy duty, dah, dah, dah? Why does it have to say Suburban? Major Longueira: Because, before we do that, we do our homework, and this are other vehicles, similar to that, but they present operational issues that don't meet our needs.. •Like I'll explain to you. On the Suburban, the rear doors open a certain way that assists our S.W.A.T. (Special Weapons and Tactics) Team in deploying and loading equipment and officers. Other vehicles in that category, their doors open a different way. They are more a tailgate and clamshell opening. It doesn't allow us to deploy our personnel right. Commissioner Teele: And all that I'm saying is -- listen to me just for a minute. All that I'm saying is, if you have an operational reason, then go ahead and sole source it, but don't package in. a sole source with what otherwise is a very good bid document. Major Longueira: It's not a sole source because there could be... Commissioner Teele: If you're -- you've just given a 102 attachment old perfect reason as to sole source that document. For operational reasons, we need a van or a vehicle that is capable of being heavy duty, four -door drive, dah, dah, dah, that has a swing open vehicle, of which there is only one. Major Longueira: But let me just explain one thing. There are five Chevy dealers that could all deliver that vehicle at different prices, so it's not a sole source. Commissioner Teele: It's a sole source by federal regulations, if only one bidder bids. If -- by federal regulation -- and this has... Major Longueira: No, no. Well'... Commissioner Teele: No, no, no. I'm telling you, because that's all I did for five years, is over did -- did third party review of things like the Metrorail. A sole source bid has nothing to do with 'how many you submit to. It's how many respond to. And the way this' document reads, only one entity responded. And all that I'm saying -- this is a great document, until you get down to the Suburban deal. Vice Chairman Gort: What they are saying is very simple. In here, the document, you said all three of them bid for it, but in here, in the document, it says only one person bid for it. Mr. De Jong: I'm saying -- I'm not saying that, for the Suburban, I don't know, actually... Commissioner Teele: Well, that's what I'm talking about. I'm only talking about the suburban. Ms. Carter: Could you tell me what page you're on, sir? 137 February 10, 2000 0 . 0 Commissioner Teele: Well, it's all over. It's page 28... Vice Chairman Gort: Five. Commissioner Teele: --, is a four by four Suburban type vehicle. You know, even on the other day when they had? On the CRA (Community Redevelopment Agency) where they tried to sole source it. I kicked it off. I said, you can't sole source a vehicle. Mr. Warshaw: Page 28. Commissioner Teele: Page 28 you've got a... Commissioner Sanchez: Four by four Suburban type vehicle. Commissioner Teele: -- a Suburban vehicle. But all of the rest of these are -- it's a very good document, except for the sole source. It would be much better if that's what you want, to say we're going to have a limited competition, sole source. We're going to fax this to the Chevrolet vendors, because that's what we want. Vice Chairman Gort: Yeah. But if you go to page five, what happens - let me tell you what happens. If you go to page five, you have somebody else, Abraham bidding on it. So, what you do is, you don't have all in the same lines, OK? Ms. Carter: Exactly. Commissioner Teele: Right. Vice Chairman Gort: And you have a Suburban in five. You have a suburban in 28. So all three of the people bid, but they have them in different pages. Mr. De Jong: That's correct. Ms. Carter: Absolutely. And there is no sole... Commissioner Teele: You had five -- so 28 did have bidders? Ms. Carter: Yes, sir. The fact is, you have more than one page representing a series of vendors for one item, and if you look at the pages that include all of the vendors, you will find more than one vendor responding to that item. Commissioner Teele: On page 28, show me where the other vendors are? Commissioner Winton: It's on page five. Vice Chairman Gort: Page five. Mr. De Jong: Page five. Ms. Carter: Page five. 138 February 10, 2000 Vice Chairman Gort: Vendor one. Ms. Carter: OK. Take a look at... Mr. De Jong: Page five, Commissioner, at the bottom. Vice Chairman Gott: Page five, at the bottom. Mr. De Jong: Right. Vice Chairman Gort: On the left hand side. Commissioner Teele: Well, one is a four by two and one is a four by four. Those are totally different vehicles. Now, I mean... Mr. De Jong: Page -- I'm sorry. Page 6. Page 6. Ms. Carter: Go to page 6. Mr. De Jong: The first item on the top. Ms. Carter: Exactly. You have Abraham, Gus Machado, and then you have to go back to the other pages to get five and six. Mr. De Jong: Right. Ms. Carter: There are six responders. Commissioner Teele: Then it's not a sole source? Ms. Carter: No. Commissioner Teele: It's just a speck on a vehicle? Mr. De Jong: Right. Commissioner Teele: You speck the vehicle, but you didn't sole source it? Ms. Carter: No, sir, not at all. Commissioner Teele: I stand corrected. I mean, you know... Ms. Carter: Very good'. Mr. De Jong: It's still a good doc -- it's a good document. Ms. Carter: Well, maintain that it still is a good document. Mr. De Jong: Right. It's an even better document, correct? 139 February 10, 2000 Vice Chairman Gort: Thank you. Mariano Cruz. Mr. Cruz: Mariano Cruz, 1227 Northwest 26 Street, in the neighborhood of Allapattah, in Miami. I'm not going to say anything about the car because, any way, that's a contractual obligation we have to have. The only thing I want to ask is, the guidelines on a 24 hour car, what are they? Because we're responsible up to the City limits or we're responsible past the City limits? Who takes care of the mileage? What about if an accident happens -- because I've seen cars at -- City employees are regular working hours .picking up kids in school. Are we responsible if that car has an accident? I mean, do., we have enough money in Risk Management to, pay for the accident? Because it is not the point of -- the 24 hours the car stays home by commuting it today, the distance. But if the car is going to be used for everything, you know, that's a different story. Because I would like to have one of those cars; too. Thank you. Vice Chairman Gort: You mean; they won't give you a motorcycle at the mailbox -- at the post office? Mr. Cruz: No. I stay home -- I stay there at the post office in North Miami. I don't bring it home. Vice Chairman Gort: No, that's a good point. Because I've, seen City cars with people traveling and what is our standard for that? Mr. Warshaw: We have a stringent, 24-hour car policy, and when it's not adhered to, . there are severe penalties, and that includes all departments. Now, there are some contractual issues as to who is getting 24 hours cars, who doesn't. But we're 24 hour cars are discretionary, based upon a person's particular job, they are not to be used to take children to school. And I can tell you, on occasion, embarrassingly, I've personally seen that, and taken down a tag number, called the department director, had that employee brought in, and there is a price to pay for that. And a lot of this is on the honor system. People have to understand there are rules. Those cars are not to be used for personal use. This is a strict adherence policy, and.if it's not follow, there is a... Vice Chairman . Gort: Mr. Manager, I suggest you talk to your directors to make sure that -- let the employees know about those standards, because I've seen quite a few of them. Commissioner Teele: Mr. Director -- Mr. Manager, would you just promulgate a letter, I think -- because I think everybody just needs to be reminded of that, but I would like to inquire of one thing. That policy does not relate to the take home police cars, does it? Mr. Warshaw: It relates to the take home police cars, in that they are not to be used for personal use. They have 24 hour use, meaning that they can drive them to and from home, they can drive them to court, they can drive them for official business, but they absolutely cannot be used to transport family members, children to school, and they know that. And there is a penalty provision in this contract and in the Police Department as well.. And we've worked -- I mean, I can tell you -- I've worked for years, when I was the Chief -- well, Tony Rodriguez to ensure... 140 February 10, 2000 Commissioner Teele: This is not the time or the place. I don't agree -- at some point, I would like to discuss this with the management and with the union. One of the reasons that I supported so strongly, and I think, you know, everyone in the unions know that I fought this battle for two years, until we finally got it. We got them in the County, right before Hurricane Andrew. And the reason our cars, we had about a zero percent damaging of police cars was because they were scattered all over the County or probably the Tri -county area. But the fact of the matter is that one of the policies that is embodied in the County program is to encourage personal use of police cars, to keep them on the road an hopefully, to keep them visible in the neighborhoods, and that was a policy that I authored, even though the Miami Herald editorial board didn't agree with it strongly. Because it did cost us ninety million dollars ($90,000,000) to implement that policy at the time. Ninety million dollars ($90,000,000) in cars. But I would like to review that because I really do think -- as it relates to police cars, that within the City of Miami, we should take a very close look of their use. To encourage the use within the City of Miami. Now, I'm not talking about Broward and Dade and -- Mr. Warshaw: And, Commissioner, in the City of Miami, police officers, not with family members, are allowed to drive their cars for personal use. So, I -- it's not -- I was talking about taking kids to school. Mr. Rodriguez: Yeah. Commissioner Teele: OK. Well, that's -- yeah, I mean -- taking your -- going and picking up the clothes from the cleaners... Mr. Rodriguez: Yeah, that's allowed. Commissioner Teele: -- and that, within the City of Miami, is great. Because that just keeps the visibility of police cars out there. Mr. Rodriguez: But no family members or anything like that, for obvious liability reasons, Commissioner. Vice Chairman .Gort: Yes, sir. Mr. Albio Castillo: My name is Albio Castillo. I live at 2386 -- I'd like to ask a curious question. Why does the only company for radio is Motorola? Vice Chairman Gort: We're talking about cars. Mr. Castillo: Well, why do -- Motorola doesn't have it on the police cars, too? Mr. De Jong: At this point, we have a Motorola radio system. I don't know if we need Motorola radios to make it work. Mr. Castillo: -But there are other companies, you know. Mr. De Jong: It's the system that we have, the .software in the radios, and that's why we need Motor Rola. 141 February 10, 2000 Mr. Castillo: OK. Another question I'd like to say -- I'd like to thank Mr: Patterson and his staff, when we have a problem or anything like that, they do answer correctly. They do a professional job. I also like to, know, is the City of Miami has a working motor pool? Mr. De Jong: Yes, sir, absolutely. Mr. Castillo: It's about time. Thank you. Vice Chairman Gort: Thank you. OK. Any other questions? Do I have a motion? Commissioner Teele: So moved. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Winton: Second Vice Chairman Gort: Moved and second. Discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 00-137 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S), ACCEPTING THE BIDS OF ED MORSE CHEVROLET, PALMETTO. FORD TRUCK SALES, INC. MASSEY YARDLE CHRYSLER -DODGE, GUS MACHADO FORD, MAROONE DODGE, ABRAHAM CHEVROLET -MIAMI, AS LISTED IN EXHIBIT "A", ATTACHED HERETO, FOR THE PROCUREMENT OF POLICE AND GENERAL FLEET VEHICLES, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, IN A TOTAL AMOUNT NOT TO EXCEED $5,778,717.43; ALLOCATING FUNDS THEREFOR FROM VARIOUS SPECIAL REVENUE AND CAPITAL IMPROVEMENT PROJECTS AS LISTED IN EXHIBIT "B" ATTACHED HERETO. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 142 February 10, 2000 Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Vice Chairman Gort: Item 21, sell of fill material. Commissioner Regalado: Mr. Chairman, I've got a question here. Vice Chairman Gort: On item 21? Commissioner Regalado: Yeah. Vice Chairman Gort: Go ahead. Commissioner Regalado: I visited Virginia Key Plant and we discussed the possibility of using this fill on soil for the parks, and the medians, and the reason is that we give this away, not the fill, but the marsh, and the soil. Mr. Clarance Patterson (Director, Solid Waste): Compost. Commissioner Regalado: Right, the compost, which is very good, by the way. But in order to go pick them up, you have to pay three bucks to get into the area, plus you have to carry, you have to go around. We -- if we use -- I saw what your employees there are doing with the fruits and the vegetables; and what the compost is doing to those trees, it's incredible. So, we have this.problem of the medians, the maintenance of the medians and the parks. Why don't we use this compost on parks and medians, instead of having the compost there waiting for people to pick them up? It is -- I will tell you, you., guys should go by the plant and.see the bananas, and see all the trees there. This really works. And we're missing -- because the parks are not -- should be greener. The medians should be greener, and this compost will make us have less maintenance. And, you know, we're wasting that over there... - Mr. Albert Ruder (Director, Parks & Recreation): Albert Ruder. Thank you for your suggestion. We're already using this material in the right-of-ways. Vice Chairman Gort: What do you do? 143 February 10, 2000 Mr. Ruder: I'm the director of the Parks Department: Vice Chairman Gort Thank you. Mr. Ruder: And we're also starting to use it more in parks, but we already using it in our medians, and we're going to use it more in the future. Commissioner Regalado: But parks, we're not, using it in parks? Mr. Ruder: We're going to use it -- we're going to start using it. Commissioner Regalado: OK. Vice Chairman Gort: Thank you. Any other questions? Are we still on this -- my understanding is, this is to be .market price? Ms. Marva Wiley: Right. Vice Chairman Gort: OK. Ms. Wiley: But the -- Marva Wiley, ,Special Assistant to the City Manager. What this resolution does is, enable us to sell it with greater flexibility. Right now we'd have to issue a formal bid, which takes about three weeks, and it's just not complying with the industry's need. Vice Chairman Gort: They need it -- yeah, they need it today, they want it today. Ms. Wiley: Right. Exactly. Vice Chairman Gort: OK. Commissioner Sanchez: So moved. Commissioner Winton: Second. Vice Chairman Gort: It's been moved. Is there a second? Any further discussion, being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 144 February 10; 2000 • The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 00-138 A RESOLUTION OF THE MIAMI CITY COMMISSION STANDARDIZING THE METHODS AND RATES FOR THE SALE OF FILL MATERIAL FROM THE VIRGINIA KEY STOCK PILE AND FOR THE SALE OF SAID MATERIAL AT PREVAILING MARKET RATES AND FOR IN-KIND CONTRIBUTIONS FOR THE BENEFIT OF THE PUBLIC; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY, DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ACCORDANCE WITH THE APPROVED METHODS FOR THE SALE OF SAID FILL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. 27= JfJLIti RAM U ANUBALQDO RAMIREZ $20 00,0 �ETTLEENT„ Commissioner Sanchez: Item number 22: Vice Chairman Gort: Twenty-two. Commissioner Sanchez: Mr. City Attorney, you recommend this? Mr. Alejandro Vilarello (Qity Attorney): Yes. This is a request for authorization to settle a lawsuit involving personal injuries of Julia Ramirez, who was involved in an accident -- she was pedestrian and was hit by a police car crossing the street in 1993. Commissioner Sanchez: To your best judgment, it's in the best interest 'of the City of Miami? Mr. Vilarello: Yes, sir. Commissioner Sanchez: So moved. Vice Chairman Gort: Is it Ubaldo or -- my record here says Ubaldo Ramirez. 145 February 10, 2000 • Mr. Vilarello: I'm sorry. The -- her -- yes, that's her husband, Ubaldo Ramirez is her husband. Vice Chairman Gort: OK. Mr. Vilarello: The individual involved in the accident is Julia Ramirez. Vice Chairman Gort: There is a motion. Is there a second? Commissioner Winton: Second. Vice Chairman Gort: It's been moved and second. Any further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 00-139 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY JULIA RAMIREZ AND UBALDO RAMIREZ, HER HUSBAND, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $20,000, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, FOR THE CASE JULIA RAMIREZ AND UBALDO RAMIREZ VS. CITY OF' MIAMI, IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 96-14 653 CA (01), UPON THE EXECUTION OF A GENERAL RELEASE RELEASING THE CITY OF MIAMI, IT'S PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS THEREFOR FROM THE SELF - INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NUMBER 515001.624401.6.652. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 146 February 10, 2000 "fA Y,! Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Arthur E. Teele, Jr. Vice Chairman Gort: Twenty-three has been withdrawn. Vice Chairman Gort: Twenty-four, a resolution establishing the City of Miami Charter Review .and Reform Committee to review the Charter of the City of Miami, Florida, as amended, and any charter proposal and recommend amendments necessary to reform or to update said charter. Setting forth said committee's purpose, powers and duties to provide for officers, meetings, quorums, requirements for membership and providing for the sunset of said committee. Commissioner Sanchez: So move. Vice Chairman Gort: It's been moved. Is there a second? Is there a second? Commissioner Sanchez: Does it require a four/fifth? Vice Chairman Gort: No, it's not a four/fifths. Commissioner Sanchez: It does. Commissioner Teele: Second. Vice Chairman Gort: Been second. Congratulations. Commissioner Winton: Mr. Chairman, I have a question about -- and it is clear that there are issues in our Charter that certainly need to be readdressed. But the thing that bothers me or worries me about this -- I guess it's the make-up of the committee itself, because we're restricting -- we're,assuming that the only people out there, who are really qualified to take a hard look at our City Charter, are city residents. And the City of Miami has a huge economic base of people that comes in. We charge them a parking fee, by the way, of 20 percent because we say all these people come in from all over our City to use our City services and, therefore, they ought to pay for them. Well, part of that group that pays all of those great new fees that we charge also do have a love for the City, and they provide a heck of a lot of revenue to the City. But as importantly, they have -- there's an awful lot of brain power in that and, so, I guess that -- while I'm -- I think there are some darn good things we need to look at, from a Charter Review standpoint, I don't think that we should be limiting the membership to this Charter Review Committee to simply residents of the City of Miami. I think 147 February 10, 2000 we ought to have a broader audience of potential public servants to serve on this committee, and they ought to be able to come from, virtually, anywhere in our County, as far as I'm concerned. Commissioner Sanchez: Mr. Vice Chair? Vice Chairman Gort: Yes, sir. Commissioner Sanchez: I don't quite agree with Johnny on this one. I think that the people that are affected by whatever changes are provided or requested in the Charter Review are the people who live in the City. How would you like to be judged by someone who, you know, does not affect in any way where you live? Property taxes, et cetera, et cetera. So, I have some concerns towards that. Now, let me just add on item 24. This would also -- we would continue to have what we did before, which each Commissioner would appoint someone, whoever the discretion may be. I just feel, if we're going to change our Charter or we're going to review the City Charter, I mean, it might as well be people that live in the city, that are affected by the city and not the people that don't live in the city. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes. Commissioner Teele:' I think Commissioners that are asked to make appointments should be given the greatest latitude in making the appointment that they think meets the bill. I would have no problem amending this by saying that, provided no less than 50 percent of the members shall be residents of the City. That way, if one Commissioner wants to appoint somebody, so be it. I mean, personally, I'm not going to appoint somebody that doesn't live in the city. But if you, as a Commissioner feel -- and you have a unique perspective. You represent the business interest, many of which may not live in the city, but they have business interest, so... Vice Chairman Gort: They pay a lot of taxes: Commissioner Teele: They're paying fees and taxes. Vice Chairman Gort: They pay a lot of taxes. Commissioner Teele: And, so -- I mean, I think it's a valid point. I mean, I certainly agree, in essence, with what Commissioner Sanchez is saying. But, I mean, it's your right, as a Commissioner. And so -- I mean, I think the way to do this is to amend this to say that, provided that no less than 50 percent of the members shall be residents of the City, Mr. Attorney, and that gives each Commissioner the opportunity and the Mayor, within certain. flexibilities, to appoint who they would like. Is that satisfactory to you, Commissioner Winton? Commissioner Winton: Yes, sir, very satisfactory. Commissioner Teele: And that's satisfactory to you, Commissioner Sanchez? Commissioner Sanchez: No, sir. Commissioner Teele: All right. Well, I'm sorry. Vice Chairman Gort: Well, let me tell you about how I feel about this. I disagree they have to be registered voters or residents. There's many individuals, they're not residents or registered voters within the City of 148 February 10, 2000 Miami, but pay a large sum of taxes for the City of Miami and very much worry over anything that takes place in the City of Miami. So, who made the motion? Teele, you made the motion? Commissioner Teele: I would move that the resolution be amended to say that at least 50 percent shall be registered voters of the City of Miami. Commissioner Winton: Second. Vice Chairman Gort: It's been moved and second. Further discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." Vice Chairman Gort: Nays? Commissioner Sanchez: One nay. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 00-140 A RESOLUTION OF THE MIAMI CITY COMMISSION REESTABLISHING THE CITY OF MIAMI CHARTER REVIEW AND REFORM COMMITTEE TO REVIEW THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND CHARTER PROPOSALS, AND RECOMMEND AMENDMENTS NECESSARY TO REFORM AND/OR UPDATE SAID CHARTER BY SETTING FORTH SAID COMMITTEE'S PURPOSE, POWERS, DUTIES AND QUALIFUCATIONS. AND REQUIREMENTS FOR MEMBERSHIP; AND PROVIDING FOR OFFICERS, RULES OF PROCEDURE, MEETINGS AND QUORUM, LEGAL COUNSEL, ASSIGNMENT OF PERSONNEL, PUBLIC NOTICE AND THE "SUNSET" OF SAID COMMITTEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: Commissioner Joe Sanchez ABSENT: None. Vice Chairman Gort: One nay. Twenty-five, appointments. Affirmative Action. Mr. Alejandro Vilarello (City Attorney): Mr. Chairman? 149 February 10, 2000 Vice Chairman Gort: Yes. Mr. Vilarello: On Item 24, it does require a City Commissioner to serve as the chairperson. I know the last round you served as the chair of... Vice Chairman Gort: No, thank you. Mr. Vilarello: And it also requires the Commission at large to appoint another citizen, who will act as a co-chair to the committee. You can do that.now or at your convenience. Commissioner Sanchez: I would like to make a nomination. Commissioner Teele: Don't volunteer me. Commissioner Sanchez: I would like to make a nomination. Commissioner Teele. Commissioner Teele: Well, it's a great honor, too, and I appreciate that opportunity. Commissioner Winton, obviously, is the person, who has the greatest opportunity to. approach this in a totally fresh view, with an unbiased attitude. Vice Chairman Gort: Second. Commissioner Teele: And, I think, in looking at this... Commissioner Winton: My plate's looking awfully full, I'll have to admit. Commissioner Teele: I think, Johnny, in an honest way, it gives you an opportunity to understand the Charter, to look at it and -- I mean... [OUTBURSTS FROM THE AUDIENCE]. Commissioner Teele: Everybody-- even... Commissioner Winton: It's easy for all of them to say, "go, Johnny, go," isn't it? They don't have all the "go, Johnny, go" jobs I've got. Commissioner Teele, I'm... Commissioner Sanchez: You're honored. You are truly honored. Vice Chairman Gort: Second the motion? Been second. Commissioner Winton: How long does this -- what's the timeline on this thing? Commissioner Teele: You're going to run that. Vice Chairman Gort: You're the chairman. You run the meetings whenever you want. Commissioner Winton: Well, the problem, I am chairman of several committees here all of a sudden and... Vice Chairman Gort: You can do it 12 o'clock at night. It's not a problem. Commissioner Winton: Will you come, Commissioner Teele? 150 February 10, 2000 Vice Chairman Gort: Yes. Commissioner Teele: Absolutely. Vice Chairman Gort: We'll all be there. Commissioner Winton: Well, I'm going to need help. What did you say? Mr. Vilarello: Final report at the end of 90 days. Commissioner Winton: OK. Forget it. There's no way. I cannot get this done in 90 days. Commissioner Teele: Hundred and eighty. Hundred and eighty. Hundred and twenty. Vice Chairman Gort: Some of the work has been done already. Commissioner Teele: Most of the work has been done. Commissioner Winton: OK. Let me tell you, just so y'all understand the problem I have. I don't know anything about this Charter or any other Charter. I'm not a student of government. Commissioner Sanchez: It gives you an opportunity to learn the Charter. Commissioner Winton: I'm a poor Bozo that happened to run for office that landed here and won. Commissioner Winton: You know, I don't know all of this stuff. I don't understand. So, I've got this huge learning curve to get through. I don't know who all the players are that are going to be on this committee. And I watched Commissioner Gort go through his fun time. So, I would not want to do a lousy job and embarrass myself, nor embarrass any of you, and I'm concerned that, if I take this on, that, frankly, I won't have the time and I will, in fact; do a lousy job and that would bug me. Commissioner Regalado: I just have a comment. You know, the most logical date for any Charter amendment will be November of this year because there's a presidential election and you're going to have, at least, 60 percent of turnout. So, whoever does this have to think about finalizing this in September, early September, it will be the timeline for November election. Either the last week of August or the first week of September. It could go on the ballot in November. - Commissioner Winton: So, that really is more like nine months or eight months or whatever that timeframe is. Commissioner Regalado: I mean, we are not going to have a general -- oh, yes, we are. But not -- but a presidential election will bring the turnout that we need for the people to really decide on the Charter Amendment issues. Commissioner Winton: So, if I can count on -- so, does that mean, then, that we could press the -- move this out to the actual -- latest actual point here? Commissioner Regalado: Of course. You've got until late August to do it. Mr. Vilarello: Commissioner? 151 February 10, 2000 :7 Vice Chairman Gort: In other words, Johnny, the administration have given support to the two committees that existed before, so there is a lot of material that has been done, a lot of other work that has been done. Commissioner Winton: OK. All right, I'll accept. I'm getting told that July is really -- needs to be written up by the end of July. Commissioner Regalado: No, no, no, no, no, no. He's talking about September primary. I'm talking about the presidential election in November. Mr. Vilarello: Commissioner, you're correct. Your absolute drop dead deadline is probably the first week in September. And I was just explaining to the Commissioner that he should really aim for... Commissioner Winton: Right. And I've got to aim for a shorter time and... Mr. Vilarello: ...finishing by July, allowing for adequate discussion before the City Commission. Commissioner Teele: And he's got to provide for an opportunity for the Mayor to make input. Commissioner Winton: Right. Commissioner Regalado: Which mayor? Commissioner Teele: The current mayor. Commissioner Regalado: OK. Commissioner Winton: Right. All right. Mr. Foeman: That timeframe is between July 10th -- it's between July 10th and September 8th. Vice Chairman Gort: OK. That's it. Quit while we're ahead. Commissioner Teele: Let's move on. Vice Chairman Gort: Quit while we're ahead. Commissioner Teele: All right. Let's move on. Vice Chairman Gort: OK. Commissioner Teele: I mean, because .the Camillus House people have been here all day, and it's not fair. We should have -- Vice Chairman Gort: We have appointment. Commissioner Teele: -- brought it up out of order. 152 February 10, 2000 Vice Chairman Gort: Item 24A. Yes, sir. Mr. Peter England: I'm Peter England. I'm from Camillus House. I'd like to thank the Commission for the ability to come before you. This is our 40th year of service to this community, and at this point we are no longer able to meet the needs of the community in the facility that we have at 726 Northeast I" Avenue, the one we've been in for the last 40 years. We ask your support for the resolution that you have on your agenda today. It's support for a legislative appropriation, Florida legislature that would enable us to either rehab our existing facility or relocate. Commissioner Teele: I would move the item, and ask further that. it be amended to add that it be included in our legislative package. Commissioner Winton: I'll second that. Vice Chairman Gort: It's been moved and second. Discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." Vice Chairman Gort: Thank you. Mr. England: Thank you very much. Commissioner Teele: Thank you. And I apologize for the time. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 00-141 A RESOLUTION OF THE MIAMI CITY COMMISSION RECOGNIZING THE CONTRIBUTIONS OF CAMILLUS HOUSE INC. FOR PROVIDING HUMANITARIAN AND SOCIAL SERVICES FOR MORE THAN 40 YEARS IN THE CITY OF MIAMI, FLORIDA, AND SUPPORTING ITS FUNDING REQUEST TO THE STATE OF FLORIDA DEPARTMENT OF CHILDREN. AND FAMILIES IN ITS EFFORTS FOR EXPANSION TO PROVIDE SERVICES TO MORE PEOPLE; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS- RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 153 February 10, 2000 Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Vice Chairman Gort: Affirmative Action Advisory Board. Commissioner Teele: I would like to reappoint Mr. Charles Flowers and Mr. Pierre, recognizing that one of them was excessively absent. Vice Chairman Gort: OK. Anybody else, affirmative action? Mr. Walter Foeman (City Clerk): Commissioner, that-- we need a four -fifth vote for the -- Commissioner Teele: Why? Vice Chairman Gort: To do what, to appoint... Mr. Foeman: Yeah, for the excessive absenteeism that can be done by four-fifths. Commissioner Teele: He said he's going to do a better job. Vice Chairman Gort: Well, let me tell y'all the problems I have with my two individuals. They requested -- one of them is a doctor, who lives in the City, and he requested , they change the day because the day they have the affirmative action meetings is when he's got -- his office open. They did not approve it. So, that's why he's been excessively absent. Mr. Foeman: You can reappoint him with four-fifths vote. Vice Chairman Gort: No, I am going to reappoint him. But I want to make sure that the administration gets the message. Whatever staff support -- whoever supports that committee, to make it aware that they should comply with the wishes of the board members. Commissioner Teele: Why don't we temporarily pass this because we only have three Commissioners. 154 February 10, 2000 Vice Chairman Gort: OK. Note for the Record: Item 25 was tabled for a four-fifths vote. Vice Chairman Gort: Twenty-six. Commissioner Teele, this is for Coconut Grove Festival Committee. Commissioner Teele: No appointments. Vice Chairman Gort: Commissioner Winton has one nomination. Commissioner Winton: None to make. Vice Chairman Gort: Commissioner Sanchez has one nomination. Commissioner Sanchez: Ramiro Rodney Aragon. Can we go back to 25? I have an appointment. Vice Chairman Gort: Motion to accept the -- Commissioner Sanchez' nomination. Commissioner Winton: So moved. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: All in favor state by saying "aye." The Commission (Collectively): "Aye." The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 00-142 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE COCONUT GROVE STANDING FESTIVAL COMMITTEE FORA TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 155 February 10, 2000 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: Commissioner Tomas Regalado Vice Chairman Gort: Twenty-five. Commissioner Sanchez: Twenty-five. Vice Chairman Gort: Commissioner Teele, make your nominations. Commissioner Teele: I made the nomination of reappointing Mr. Charles Flowers and Mr. Pierre -- Dr. Pierre, who's also a physician, and also --confirming the union appointees one through four as listed. Vice Chairman Gort: Commissioner Sanchez. Commissioner Sanchez: Ivan Barrett and also Sam Mason, my two. appointments. Vice Chairman Gort: Commissioner Winton. Commissioner Winton: No appointments. Vice Chairman Gort: You have two appointments. Commissioner Regalado. Commissioner Teele: So moved, Mr. Chairman. Commissioner Sanchez: Second. Vice Chairman Gort: Wait a ,minute. I have two appointments. Ramiro Marrero and Luis Costa. Commissioner Teele: All the -- moving all the appointments, as stated. Commissioner Winton: Second. Vice Chairman Gort: OK. It's moved and second.. Is there any discussion? Being none, all in favor state by saying "aye." 156 February 10, 2000 The Commission (Collectively): '.'Aye." The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 00-143 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AND CONFIRMING .THE SELECTION OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CITY OF MIAMI AFFIRMATIVE ACTION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Winton, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton 157 February 10, 2000 stating that she want to .be reappointed, but... Commissioner Winton: Doesn't make any sense, from my view point, to reappoint somebody who's excessively absent, unless. they've stated they want to be on and there is some... Mr. Foeman: Right. Exactly. If you wish to do that, you can, but... Commissioner Teele: Does she want to be, reappointed? Mr. Foeman: I have no idea. I haven't had any correspondence with her. Vice Chairman Gort: Yes. Ms. Gwendolyn Warren (Director, Community Development): Mrs' Kluger has not been excessively absent. The rules are that, if you miss three consecutive meetings, whether they are excused or unexcused, the recommendation is that they -- unless' you reappoint them, they are removed or they are considered absent. She was in Europe on business. We were well aware of it. She's -an extremely active member of the board. Vice Chairman Gort: She works very hard, and she's very active. Commissioner Winton: So I'll move that Vice Chairman Gort: It's .been moved. Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: Any further. discussion? Being none, all in favor state by saying aye The Commission (Collectively): "Aye." The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 00-144 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD FOR TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 158 February 10, 2000. • Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: . AYES: Vice Chairman Wifredo.Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny. L. Winton NAYS: None. ABSENT: None. Vice Chairman Gort: Twenty-eight, Code Enforcement. Commissioner -Regalado: Mr. Chairman, I'll nominate Charles McEwan as an at large member. Commissioner Sanchez: Second. Vice Chairman Gort: It's been moved and second. Any other nomination? Commissioner Teele: Now, all appointments... Vice Chairman Gort: I would like to nominate Adela Gonzalez. And, by the way, I'd like .to request -= my understanding Code Enforcement Board many times have finished their meeting very late, and my understanding is that parking, they have to go all the way down. If we could provide some security when the meeting is over, so they can walk them over to their parking lot. Mr. Donald Warshaw (City Manager): We'll take care of it. Vice Chairman Gort: Thank you. OK. Any other nominations? I need a motion. Commissioner Sanchez: So moved. Commissioner Teele: So moved. Vice Chairman Gort: OK. It's been moved. It's been second. Any discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 159 February 10, 2000 11 The following resolution was introduced by Commissioner Regalado, who moved its adoption: l�i_�I.Y�I�i�[�l�l►[� 11 ClF1 A RESOLUTION OF THE MIAMI. CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS REGULAR MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton. NAYS: None. ABSENT: None. Vice Chairman Gort: Commission on the Status of Women. Where are we at on this? Commissioner Sanchez: I have appointments on that, but they never meet. I don't know what's happened. Vice Chairman Gort: We have appointments, but my understanding is, they were supposed to have received staff support. I. don't think they have received it. Mr. Walter Foeman (City Clerk): I think that the liaison to that board currently is Haydee Regueyra. Dena Bianchino served prior to her. But there is an issue with respect to the Code, I think, that talks about the director of... Vice Chairman Gort: I tell you what, before making appointments, I have a couple of people I'd like to appoint, but before I make the appointment, I'd like to get a report on that. Mr. Foeman: OK. Vice Chairman Gort: Because that was one committee that used to be very active until they were moved out of their room there and then... Mr. Foeman: I think the last meeting they had was in December, according to our records. So, that's the last time we received any information from them.' 160 . February 10, 2000 Vice Chairman Gort: Because I offered -- I volunteered my office at the new building to be used by them and, at the same time, the administration was going to support staff so they can,go ahead and continue on the business. So, I'd like to get a report on this. Mr. Foeman: I think there's a Code issue with respect to the directive, Equal Opportunity Diversity, serving on that board as liaison. Vice Chairman Gort: Well, let's get someone, Mr. Manager, to work with these individuals and come back with a report for the next meeting, please. Mr. Donald Warshaw (City Manager): OK. Vice Chairman Gort: Before I make my appointments. At least, I want to see that. Any appointments from anyone else? Commissioner Sanchez: Yes,.I do. Thirty-nine -- you guys are on 39? Vice Chairman Gort: Twenty-nine, Status of Women. Commissioner Sanchez: No. Vice Chairman Gort: OK. Mr. Foeman: Commissioner Teele has two appointments and Commissioner Winton has five. Commissioner Winton: I have none. Commissioner Sanchez: Have you appointed anybody? Commissioner Winton: No. Vice Chairman Gort: Commissioner Teele. Commissioner Teele: No, they -- my appointments serve until reappointed, right? Mr. Foeman: Well, yours have expired. Commissioner Teele: Well, they still serve until reappointed, right? Mr. Foeman: Yeah. Until reappointed, yes. 36 ZAPPCIITTTALEX FERNAvEZ ASIVIEMBEt ©F THEFINANGE COMMITTEE r"F Vice Chairman Gort: Finance Committee. Commissioner Sanchez has one nomination. Commissioner Winton has one nomination. Commissioner Sanchez: Reappoint Alex Fernandez. Vice Chairman Gort: Commissioner Winton? 161 February 10, 2000 Commissioner Winton: None Vice Chairman Gort: Do I have a motion? Commissioner Sanchez: Moved. Vice Chairman Gort: It's been moved. Is there a second? Commissioner Regalado: Second. Vice Chairman Gort: Discussion? Bug none, all in favor state by saying "aye." The Commission (Collectively): "Aye." The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 00-146 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR A TERM, AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None.. Note for the Record: Item 31 was deferred. Vice Chairman Gort: Health Facility Authority Board, I'll pass. Note for the Record: Item 32 was deferred. Vice Chairman Gort: Jurisdictional Boundaries Committee. We all have appointments. Commissioner Sanchez has two. Commissioner Teele has two. Commissioner Winton has two. Commissioner Regalado has one, and I have one. Commissioner Teele: We all defer. 162 February 10, 2000 • Vice Chairman Gort: OK. Vice Chairman Gort:.Thirty-three,. Little Havana... Commissioner Teele: I'd like to appoint Eloy Aparicio. Commissioner Sanchez: Aparicio? Commissioner Teele: Aparicio. Vice Chairman Gort: Eloy Aparicio, Commissioner Sanchez: Second. Vice Chairman Gort: Commissioner Winton, you have a nomination? Commissioner Winton: No. Vice Chairman Gort: Nope. Okee doke. Do I have a motion? Moved by Teele, second by Sanchez. All in favor state by saying "aye." The Commission (Collectively): "Aye." Vice Chairman Gort: Ayes. No nays. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 00-147 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE LITTLE HAVANA FESTIVAL COMMITTEE FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 163 February 10, 2000 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Note for the Record: Item 34 was deferred. Vice Chairman Gort: Miami Sports and Exhibition Authority. Mr. Walter Foeman (City Clerk): We have three appointments here. Commissioner Teele has one. Commissioner Winton has one, and there is the issue, of the appointment of the Mayor. Vice Chairman Gort: Commissioner Teele. Commissioner Teele: I'm not going to touch this board. Vice Chairman Gort: Commissioner Winton. Commissioner Winton:- I don't have one yet. Vice Chairman Gort: OK. We pass. Commissioner Teele: -All right. Note for the Record: Item 35 was deferred. Vice Chairman Gort: Thirty-five. Miami.Street.Codesignation Review Committee. Commissioner Winton: None. Vice Chairman Gort: OK. Vice Chairman Gort: Orange Bowl Steering Committee. Commissioner Teele has one nomination. Commissioner Regalado has one nomination. Mayor Carollo has two to be made. Commissioner Regalado: Maritza Gutierrez, but we need a waiver of residency. 164 February 10, 2000 Vice Chairman Gort` OK. There is a motion. Commissioner Teele: Second. Commissioner Winton: What did you just say? I'm sorry. Commissioner Regalado: I said Maritza Gutierrez, but we need a waive of residency. Mr. Walter Foeman (City Clerk): She has to be an elector so -- a registered voter, so .would you... Commissioner Regalado:. She is a registered voter, but she has a business in the City but lives outside the City. Mr. Foeman: I think the only requirement on this board is they have to be an elector. So, if she's that -- ..Commissioner Regalado: Oh. Mr. Foeman: -- that satisfies the requirement. Commissioner Regalado: OK. So, we don't need a waiver. No? Vice Chairman Gort: OK. Commissioner Regalado: Maritza Gutierrez. Commissioner Sanchez: Second. Vice Chairman Gort: It's moved and second. Discussion? .Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 00-148 STILL PENDING (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 165. February 10, 2000 E, • Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Vice Chairman Gort: Property and Asset Review. Commissioner Regalado has one. Commissioner Winton has one.. I have one, and Commissioner Sanchez. Commissioner Sanchez: Defer, defer. Commissioner Regalado: I don't have one. Vice Chairman Gort: It says here you do. Carlos de Zayas. Commissioner Regalado: Where is that? It's 37... Vice Chairman Gort: Item 37. Commissioner Regalado: It doesn't show here. Commissioner Winton: It shows on mine. Mr. Walter Foeman (City Clerk): It's been a -- Carlos de Zayas has been, excessively absent. Commissioner Regalado: Oh, OK. .OK. Mr. Foeman: It's up for a long time. Commissioner Regalado: Then I have to defer. Vice Chairman Gort: I want.to appoint Ruben Oliva, and I like to, once again, I don't who's the staff :liaison is for this committee, but my understanding, the gentleman has served very well since 1993, and this last two years, he has not received notice of meetings, and maybe that's why he's absent. Ms. Laura Billberry (Director, Asset Management): Excuse me. If I may, Laura Billberry, Director of Asset Management. Your last member on this particular board was Rubin Oliva. I have to admit, last year we 166 February 10, 2000 only had onemeeting, in which we reached a quorum. And that was in the beginning of the year. Each month we have a meeting on the first Friday of each month, and it's a standard meeting that we. set. Vice Chairman Gort: Well, my understanding, when I talked to him, I called him to question his absenteeism, he told me he was not aware of missing meetings. Ms. Billberry: We did notify them prior to the meetings. We would call and remind them of the meetings. Vice Chairman Gort: But would you do me a favor, that when you notify them, notify my -- copy to my office also, please? Thank you. Do I have a motion? Commissioner Winton:' For what? Vice Chairman Gort: For Rubin Oliva. Commissioner Winton: Move it. Vice Chairman Gort: It's been moved. Is there a second? Hello, I need a second. Commissioner Winton: Hello down there. We need a second. Vice Chairman Gort: Collect call. Commissioner Winton: Collect call to the other end of the dais here. Vice Chairman Gort: We have a meeting over here. .1 need a second. Commissioner Sanchez: Second., 0 Vice Chairman Gort: OK.. All in favor state by saying "aye.." The Commission (Collectively): "Aye." Vice Chairman Gort: Thank you. The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 00-149 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE PROPERTY AND ASSET REVIEW COMMITTEE FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 167 February 10, 2000 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Vice Chairman Gort: Thirty-eight. Commissioner Plummer was appointment of the member of the South Florida Employment and Training Consortium. We need to appoint someone. I thought we had done that. Commissioner Sanchez: Yeah, we did. Johnny Winton. Vice Chairman Gort: That's right. We did that. Commissioner Sanchez: Yeah, we did. Johnny Winton. Commissioner Winton: Yeah, I think that is right. Or if we didn't, we were supposed to. Vice Chairman Gort: How come it's back in here?.. Make another motion. Commissioner Sanchez: Motion to appoint Commissioner Winton. Commissioner Teele: Second. Vice Chairman Gort: Moved, second: Discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." 168 February 10, 2000 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 00-150 A RESOLUTION OF THE MIAMI CITY "COMMISSION APPOINTING COMMISSIONER JOHNNY WINTON AS A MEMBER OF THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM FOR A TERM AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Vice Chairman Gort: Community Relations Board. Commissioner. Winton has two nominations. Commissioner Teele has two nominations. Commissioner Sanchez has two nominations. Commissioner Regalado: That board has... Commissioner Winton: None. Commissioner Regalado: It's going to .be a year now and you know what? It's a shame that during the Elian demonstrations and what is going on in Elian's house in Little Havana, the Community Relations Board of the County is the one acting. It's really a shame for the City of Miami to have a Community Relations Board, and not be present and have the County, you know, with all the respect to the County, but I feel very mad when I see the Community Relations Board of the County moving around in Little Havana within the City of Miami. But, you know, there is nothing we can do about it. Mr. Albert Ruder (Director, Parks & Recreation): Albert Ruder, Parks Director. Terrence Griffin, my assistant director is the liaison to this committee, and the Manager has sent you all a memo saying that the last time the committee met in September, they asked that there be a full board and that it be ethnically diverse 169 February 10, 2000 representatives because there are -- particularly, the African-American community, there weren't enough representatives. So, that's why they haven't met again, and these appointments are now pending. Vice Chairman Gort: How many appointments are pending? Commissioner Teele: All right. Well, I'll appoint Sandra Francis. Commissioner Sanchez: Frankel or Francis? Commissioner Teele: Francis. Do they have to be residents of the City of Miami? Vice Chairman Gort: Residents or work or have business within .the City is my understanding. Mr. Walter Foeman (City Clerk): Work or... Commissioner Teele: Or work. And Vernon Clark. Commissioner Regalado: Good. Mr. Ruder: Commissioner Sanchez is... Vice Chairman Gort: Do I have a motion?. Commissioner Sanchez: Yes. I have two appointments -- Sandra Frankel. Commissioner Teele: Right. Commissioner Sanchez: Sandra Frankel. We have different -- that's her name, Sandra Frankel? Mr. Foeman: Yes. You don't have any appointments now. In fact, your positions are full. Mr. Ruder: His expired on January 31, I believe. Commissioner Regalado: They expired. Mr. Ruder: The back up material. Commissioner' Sanchez: I do have appointments. Mr. Foeman: I stand corrected. Commissioner Sanchez: Sandra Frankel... Mr. Foeman: OK. Commissioner Sanchez: -- will be my appointee, and Charles McEwan. I believe he, needs to get legal advice from the City Attorney, to see if there is a conflict of 170 February 10, 2000 interest.for him to serve on two boards Mr. Foeman: We have to request an advisory opinion on that Commissioner Sanchez: So moved. Vice Chairman Gort: Does this individual have to be reappoint, all of them? Mt. Foeman: I'm sorry? Commissioner Regalado: No. There was a lottery. Vice Chairman Gort: Do they have to be reappointed? No. OK. Commissioner Regalado: No. There was a lottery and staggered. . Mr. Foeman: No, no, no. Commissioner Regalado: It staggered. Vice Chairman Gort: OK. There is a motion. for those nominations. Is there a second? Commissioner Regalado: Second. Vice Chairman Gort: Any discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 00-151 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote:,- AYES: ote:, AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 171 February 10, 2000 Vice Chairman Gort: Forty, NET (Neighborhood Enhancement Team) office appearance, we did that already. Forty-one, neighborhood and neighbor... Commissioner Sanchez: We did that already. Vice Chairman Gort: We did that. Mr. Walter Foeman (City Clerk): Mr. Vice Chair, on item 36, if we could go back to that again. Vice Chairman Gort: Thirty-six. Mr. Foeman: Yes. Maritza Gutierrez has to be a registered -- has to be an elector in the City, and I believe Commissioner Regalado wanted to have a waiver, because she's not a City resident. So, we can do that by four-fifths vote. Commissioner Teele: I thought he made the motion with a waiver. Commissioner Regalado: I did, but then he said that we didn't need it. But this was the confusion. Mr. Foeman: Right. He needs the waiver, the four-fifths waiver for that. So, we could vote on that particular one, her appointment. Vice Chairman Gort: OK. Motion has been made by Commissioner Regalado to waive the -- by four fifth vote residential requirement. Commissioner Teele: Second. Vice Chairman Gort: It's been second. Any discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 00-152 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE ORANGE BOWL STEERING COMMITTEE FOR A TERM AS DESIGNATED HEREIN; FURTHER WAIVING THE CITY OF MIAMI RESIDENCY REQUIREMENT FOR SAID MEMBER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 172 February 10, 2000 • Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Vice Chairman Gort: OK. We go into the Mayor. He doesn't have anything. Ms. Gwendolyn Warren (Director, Community Development): Mr. Chair? Vice Chairman Gort: Yes. Ms. Warren: They tabled item 2. Vice Chairman Gort: Two, yes. Ms. Warren: We have the resolution. Vice Chairman Gort: We had to bring it back. Ms. Warren: Maria, you have the new resolution? Commissioner Teele: Are this any changes, amendments... Ms. Warren: They just corrected the dollar amount, based on the changes you made, and that's it. And the City Attorney needs to read it into the record. Ms. Maria Chiaro (Assistant City Attorney): A resolution of the Miami City Commission allocating the amount of one million nine hundred eighty thousand eight hundred and sixty dollars (1,980, 860) of the 25 year Community Development Block Grant funds to approved public services, housing and Economic Development agency as a result of the request for proposals process for the 25th year CDBG funding; further authorizing the City Manager to execute agreements with the herein listed agencies in a form acceptable to the City Attorney, in the amount specified in sections 2, 3, and 4 of this resolution. Commissioner Teele: So moved. Scriveners. 173 February 10, 2000 Vice Chairman Gort: It's been moved. Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: Discussion? Being none, we've discussed it quite a bit. All in favor state by saying "aye." The Commission (Collectively): "Aye." Commissioner Regalado: Just a reminder, we have one hundred and seventy thousand more. Ms. Warren: I know. Vice Chairman Gort: And they are going to be looking into other things. The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 00-153 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN ALLOCATION OF 25TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS, IN THE AMOUNT OF $1,980,860, TO APPROVED PUBLIC SERVICES, HOUSING AND ECONOMIC DEVELOPMENT AGENCIES AS A RESULT OF THE REQUEST FOR PROPOSALS PROCESS FOR 25TH YEAR CDBG FUNDING; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT (S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE INDIVIDUAL AGENCIES AT THE AMOUNTS SPECIFIED IN SECTIONS 2; 3 AND 4 OF THE HEREIN RESOLUTION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. 174 February 10, 2000 Vice Chairman Gort: OK. Now we go into the Commissioners items. The Mayor doesn't have any. I don't have any. District two, Commissioner Winton. Commissioner Winton: Yes. I have a resolution that I would like to push forward here, and the issue relates to Economic Development. If you look at geographically the area that parallels the FEC (Florida East Coast) railroad track, running roughly from the edge of downtown or Overtown up through -- to the end of the City of Miami City limits, which is Northeast 87`h Street, you have a --. let me back, up a step. That's the geographical area I'm talking about. I'm going to back up a step. The Miami - Dade County has one of the strongest industrial real estate markets in the United States, and that market is driven principally by the seaport and the airport, both of which, for all intents and purposes -- even though technically it isn't -- but for all intents and purposes, they are both in the City of Miami, but there isn't the economic benefit to the City of Miami by those two economic engines because all of that development, all of the job, all of the jobs associated with the development, and all of the jobs associated with the businesses, .all go to west Dade or to north Dade -- northwest Dade or to Broward County. We have a highly under utilized area within the City of Miami which is that zone that I just talked about, paralleling the railroad tracks, mostly on the west side of the tracks, but some on the east side of the tracks, running from downtown to Northeast 87`h Street. And in that zone you have literally a long term planning mess, where you have a very large volume of industrial buildings that are either greatly under utilized or are vacant, and you have enter mixed with industrial buildings single family residential neighborhoods, where you literally have industrial building, residential homes, industrial buildings, residential homes, and that sort of planning process has been a failure for as long as it's been in existence, and will be a failure from now on. And I think that we have an opportunity for some major economic revitalization in this City if we can set up a process to replan -- remaster plan that entire area, looking towards the great opportunities that we have in the industrial real estate market and, so, the kind of people that I think we need to bring to the table -for this major master replanning effort are transportation specialists, because if you're going to have industrial properties, you also have the neighborhood right along I-95, where there are some very good strong neighborhoods that you want to protect with everything you can, but you want to clean up the mess along the railroad tracks there. So, you need transportation specialists, you need urban planners, you need industrial real estate experts. You need a good, strong committee, cross section of folks sitting at the table to help replan, remaster plan that entire zone. So, -- and once we're successful at replanning that entire zone, we create the opportunity for significant redevelopment of a major heavily under utilized area within our community. And that redevelopment will bring new jobs into our City, in terms of the redevelopment of those properties and reinvestment in our City. But probably more importantly than anything, it will bring access to all of the neighborhoods that are on the, eastside of 1-95 and the west side of I-95. It will bring 175 February 10, 2000 access to a whole new great round of very good high paying jobs, that currently go to west Dade, that simply aren't accessible to many of the residents in the City of Miami. Now, this isn't an overnight kind of deal. This is a -- this master plan will take some time to get put together, and then you.have to get it implemented. So, my view here is that the implementation process is going to be a 10 to 15 to 20 year process. But the point is, if we get started today, we can wake up 20 years from now and have a whole new economic power house with a lot of new jobs for our citizens in that area. So, in that regard, I have a resolution, and I read the resolution? Vice Chairman Gort: Go right ahead. Commissioner Winton: Thank you, sir. (At this point, Commissioner Winton read the resolution into.the public record). Commissioner Winton: And the two co-chair men for this task force would be Commissioner Teele and myself. Vice Chairman Gort: There is a motion. Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: It's been moved and second. Any discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." The following resolution was introduced by Commissioner Winton, who moved its adoption: RESOLUTION NO. 00-154 A RESOLUTION OF THE MIAMI CITY COMMISSION CREATING AND ESTABLISHING THE FLORIDA EAST COAST RAIL WAY ("FEC") CORRIDOR INDUSTRIAL GROWTH TASK FORCE ("TASK FORCE") FOR A PERIOD NOT TO EXCEED ONE YEAR, TO ADVISE AND MAKE RECOMMENDATIONS TO THE .CITY COMMISSION RELATED TO THE OPTIONS AVAILABLE FOR INDUSTRIAL GROWTH, INCLUDING BUT NOT LIMITED TO, INCENTIVES FOR REVITALIZATION AND ECONOMIC DEVELOPMENT, AND MARKETING, PROMOTION, AND POSSIBLE REZONING, TO ACCOMPLISH SAME, FOR THE AREAS LOCATED NEAR THE FEC TRAC CORRIDOR, AS MORE PARTICULARLY DEFINED HEREIN; SETTING FORTH SAID TASK FORCE'S PURPOSE AND DUTIES; PROVIDING FOR MEMBERSHIP, QUALIFICATIONS., OFFICERS, RULES OF PROCEDURE, MEETINGS AND QUORUMS; AND ASSIGNMENT OF PERSONNEL. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 176 February 10, 2000 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Vice Chairman Gort: Anything else, Commissioner Winton? Commissioner Winton: Yes. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes, sir.. Commissioner Winton: One more. Vice Chairman Gort: One more. Commissioner Winton: I'm sorry. Commissioner Winton: This is an item that just got handed to me, and it relates to... Vice Chairman Gort: If that's a pocket item, we'll do it later. Commissioner Winton: Oh, I'm sorry. Yes, it's a pocket item: Note for the Record: Item 3A was deferred. Vice Chairman Gort: District 3, Commissioner Sanchez. Commissioner Sanchez: District 3. Thank you. Item number 1, I would like to defer at this time, and have it be brought back at the next Commission meeting., Commissioner Sanchez: Item number 2 is discussion concerning a developer'•s summit. I think that we have heard here today that the City has made significant improvements -in its finances, not only the implementation of the legislation body of good, sound guidelines for financial recovery, the anti - 177 February 10, 2000 deficiency ordinance put out a clear message that departments should not go over their budgets. Also, adopt the passage of the ordinance of the FOP (Fraternal Order of Police), the Florida Oversight Board putting some strict guidelines to assure good fiscal stability. Has definitely sent out a message that we have over come a big hurdle in the financial situation that we were in. I think this type of ideas that are coming forth - and I'm so glad that Commissioner Winton put a great idea on the table today, and we passed it. It's just the role that we're taking that's making this City backinto a great City, and I think that now we should focus -on, not only development, but also redevelopment of areas that I think will attract a lot of people, which have now been able to see that the City has made significant improvements. So, I have come together with an idea that's -- put together a developers summit, and the beauty of it is that it gives the local. developers the opportunity to have world wide developers come together and we could show. case our development sites or redevelopment sites, and have them work in a joint venture way towards -- working together to bring development and redevelopment into our areas. I ask that -- to sit down with the DDA (Downtown Development Authority) and the CRA (Community Redevelopment Agency) and work hand in hand on this project, which is a big project, and I think it's good for the City. Right now it's very preliminary to put together things, but we're. working on it. And I would just like to have the cooperation of the Commission, the administration, the CRA, and the DDA to .put it together. Thank you. Commissioner. Teele: Mr. Chairman, on the... Vice Chairman Gort: Commissioner Sanchez yes, Commissioner Teele. Commissioner Teele: No, Mr. Chairman. I apologize. Vice Chairman Gort: No, no. Go ahead.. Commissioner Teele: On the point, I think Commissioner Sanchez makes an excellent point. A real summit like this would require some real planning and thought process, and I think what we probably should do is direct the staff, as a part of this now, to come back with a plan, a preliminary plan and a budget -- but -- and I particularly note the Planning Department and the Development Department, where some of these - this expertise is there -- but. you know, everybody defines Miami in a very negative way, outside of Miami. We took ourselves so seriously here, but I think this is the kind of thing that, unlike the New York Times' lead story yesterday on Elian, et cetera, is this kind of thing that could get attention nationwide and,, perhaps, even worldwide, if we go about it in a very thoughtful and deliberate way. And, so, I want to be not only as chair of the CRA but very, very supportive, particularly since a lot of this redevelopment activity is going to be either in the development areas or in some of these other areas. I just think we ought to put the resources behind doing it right, and take i,t ,as a serious task. And I think it particularly could feed in very well to some of these -- I forget the term -- these unified' development kinds of things that we're talking about. The Watson Island, the Coconut Grove Theater. I mean, there is a lot of real development opportunities, and I think one of the ways we.can avoid the problems that the County is laboring in now is that if we really do try to take a worldwide or a. 178 February 10, 2000 nationwide approach and saying, we want the best qualify development, and development is not going to be a question of who's got the best local contacts or, you know, the best local deals. Miami, to be a worldwide City or a world class City, is going to involve -- have to involve worldwide participation. So, I support one hundred percent, and just say that we need to develop a timetable and a budget. One thing to remember is that everybody wants to come to. Miami in the winter. So, it may be, as we plan this, that we're looking at a timetable - - you know, it doesn't make sense to have it in July or August, nobody -- but, you know, in November, December, January, February, kind of frame, everybody is interested in coming here. So, I would fully support your efforts. Commissioner Sanchez: Thank you, Commissioner. One thing -- the beauty of it all -- first of all, I think the timing is right. Second, this is a project that we can't leave on the shelf. I mean, we have the golden opportunity to show case our development sites. We have tremendous resources. Waterfront. A lot of waterfront property. The people . are interested in coming to look at and develop, and not only develop but redevelop in the CRA area, Little Havana, Wynwood. This is a win -for -all situation, and I know that I cannot do it alone. I am willing to work very hard. I am going to need the assistance of the administration. I am going to need the assistance of the DDA and the CRA. However, I don't want it to have the City to pay for this. I think we could do it. We could get money from the private sector to provide -- in making this a reality, we could get the Beacon Council involved. We could get the tourist people involved in this. And really make it a wonderful event that people would like to come back year after year. So, I'm asking this Commission to support me. And you're absolutely right, if we're going to do it, let's do it right. Let's take our time. Let's all work together. Not only does it send out a message that we're back, but also that we're willing to work. Everybody will work together on this issue, and everybody's welcome to come and work on this. The Mayor's also invited to participate in this event. And, you know, we'll take it from there. Vice Chairman Gort: Commissioners, timing and life is very important, and I think this is very timely. And let me tell you, the DDA, for the last three years, have participated in ICSC, which is the International Shopping Center -- Council. This is the largest developer, major multi -national firms that get together, and they come up to about twenty thousand delegates. And what we did is, we DDA, in conjunction with somebody in the private sector, we had a booth about two years ago, and we had been able to bring some of the projects down into downtown Miami. Seeing the importance of it, I requested and I talked to the City Manager -- and this is something we're going to bring back to you. But this year I want to go in a joint venture, not with the private sector, but as a City of Miami, to bring exactly what you're saying. All the projects, all the incentives, technical and economic incentives that we could provide, that's what they are looking for. And my experience -- and Johnny is a member of that and he can express a lot more than I can. My experience is, 90 percent of the deals worldwide is done in that convention. So, I think the timing is perfect. The convention is to be taking place, I understand, in June, and DDA already is going to be going there. And one of the things I asked the City Manager, I'd like to have all the City projects that we have, all the technical and economic incentives so we could have it up there and make the 179 February 10, 2000 • presentation. Johnny... U Commissioner Sanchez: Willy, if I may for just a minute. I think that just the concept of having round table discussion with developers, getting to know the pros of the City, getting to know us, the elected officials, getting to know the process, having discussions of the Empowerment Zone and looking to way to simplify. One of the biggest complaints that I get from developers, when you want them to come in, is that they don't want the element of surprise, and I think that that has scared people from coming to Miami and doing business with Miami because of the element of surprise. So, if we could put this together where it's not only an educational process, but a venture process where people will sit down an we can simplify ways to do -- we won't settle for second class or third class development, but we'll settle for first class development, and that is just a step in the right direction that's good for the City. Vice Chairman, Gort: My statement was of support to you. Commissioner Sanchez: I know. Vice Chairman Gort: OK. Commissioner Sanchez: Thank you very much. Commissioner Winton: Mr. Chairman. Vice Chairman Gort: Commissioner. Commissioner Winton: Your comment about the ICSC meeting and the City's involvement, and I'm not sure how we're required to go about this, but... Vice Chairman Gort: I'm sorry. Commissioner Winton: But as you remember, there were a number of cities that had full booth s at that ICSC convention that were working as a part of their economic effort to bring major developers and national retailers into their cities, and I think that it -- frankly, is I look forward to the day when the City of Miami has the resources to actively participate with the DDA, as a partner, in -- now, in getting to these kind of events, and bringing in the kind of top notch, particularly retail development, that we're woefully short of in a lot of our neighborhoods in this community. Vice Chairman Gort: Thank you. Do you need -- we'll be working with you and we'll have you make your presentation to the DDA director. Commissioner Sanchez:. Would that be -- City Attorney, would that be required to be put in a motion, to have the City administration provide technical assistance? No? Vice Chairman Port: I think they need to come back with this one. Anything else, Commissioner Sanchez? 180 February 10, 2000 Commissioner Sanchez: No, sir. Vice Chairman Gort: Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. I will defer some of the items, but there is a question for the City Attorney on the status of the Ad Hoc Committee to review Community Relations during the week of January 3, 2000. What is the status and when can this committee start meeting? Mr. Alejandro Vilarello (City Attorney): This committee can start immediately. I did advise a member of your staff that, perhaps if your appointee would get together with me, I could help him in setting up the first meeting of the committee, with notice -- appropriate notice, and that can organize from that point and decide, you know, how often and what the agenda will be for the upcoming meetings. Commissioner Regalado: Do they need certain number for quorum or they just can go ahead and meet? Mr. Vilarello: I don't recall the quorum requirements off the top of my head, but I believe everybody has made their appointment to the committee. So, just a notice to each of the members of an organizational meeting, and a published notice, because the meeting is in the sunshine and the committee can proceed. Vice Chairman Gort: I have. Commissioner Regalado: I have a resolution also. This is another item urging Goya Foods of Florida to reinstate four former employees and provide just compensation. The County and several municipalities have already passed this resolution, and this is an ongoing problem with the union and Goya Foods, and so I present to you this resolution for approval, just urging Goya to reinstate these four former employees. The resolution is tailored as to one approved by the County and by other cities. It's in your back up information. So, I move it. Vice Chairman Gort: Is there a second? Commissioner Teele: Second for discussion, of course 181 February 10, 2000 Vice Chairman Gort: Second. Discussion. Commissioner Teele: What's the jurisdiction that we have in this matter? Are any of the people involved from cities -- residents of the City of Miami? Goya Foods is in Dade County. It's out there by the Doral, isn't it? Commissioner Regalado: Yes. Mr. Humberto Galvez: Excuse me, Commissioner. Commissioner Regalado: Some of the people are residents of the City of Miami. That's why I'm bringing it. Vice Chairman Gort: He's a resident. Commissioner Sanchez: He's a resident of Miami? Commissioner Regalado: Yes. There are three residents of Miami. Mr. Galvez: Yes. Mr. Willy Gonzalez: He doesn't speak English, so I could translate. Vice Chairman Gort: Name and address. Commissioner Regalado: No Vice Chairman Gort: Name and address. Mr.. Galvez: (Translation by Willy Gonzalez): He was working for... Vice Chairman Gort: Name and address. Mr. Gonzalez: Willy Gonzalez, 310 East .58 Street, Hialeah, an outsider. But he worked for Goya for 15 years... Commissioner Sanchez: He said nineteen. Mr. Gonzalez: Nineteen. I'm sorry. Actually, the three workers that we're talking about, have over 53 years of service with Goya an what happened is, these workers went to Goya and told them -- this was a long time ago. They said, "Look, you have a rodent problem in here." Vice Chairman Gort: Whistle Blower. Mr. Gonzalez: Excuse me? Commissioner Sanchez: Whistle Blower Act? Vice Chairman Gort: Yeah. 182 February 10, 2000 Commissioner Regalado: Yeah. Mr. Gonzalez: We filed a lawsuit as far as the Whistle Blower Act, but what happened is, to make it - I'll make it as brief as I can. These workers told Goya, You have a rodent problem. " Goya did nothing about it. After a series -- after a long time, they kept complaining. They went public withit, and because of their actions, the State of Florida actually temporarily shut down Goya's .bean packaging operation, and forced Goya to destroy nine hundred pounds of food. I think it was 300 pounds of rice and six hundred pounds beans. Plus, they fined Goya around twelve thousand. dollars ($12,000.00) dollars. And what happened is, these gentlemen, at a rally, went out and told the public, " Look, this is what's going on at Goya ". Then, Goya retaliated and fired these workers.. Wee filed a lawsuit, under the Whistle Blower Act, but now we've had people -- Senator Kendrick Meek came and said he felt like it should be -- someone should discuss this with Goya. He went to Goya personally. They refused to' talk to him. So, then, the Miami -Dade Commission passed a resolution urging Goya to reinstate these workers with full back pay. The City of Hialeah just passed one, and now they are asking for you to pass one, especially since Humberto here has been... Vice Chairman Gort: I think it's very important that they understand and you explain to them, we can pass a resolution but it's not binding. Mr. Gonzalez: Yeah. No. I know. But it's symbolic... Vice Chairman Gort: I think it's important that people understand that. It's just symbolic resolution. Commissioner Regalado: No, no. There is moral support, what they are looking for. That's all. Mr. Gonzalez: Yeah. Oh, yeah. It's not -- but it's symbolic that you pass it. Vice Chairman Gort: But I want to make sure they understand that. Is there any further discussion? Commissioner Winton: Yes, there is. And I understand their position completely and I'm sympathetic to the workers and I understand that part of it, and you have redress through the courts. I'm not sure what in the world are cities doing getting involved in this kind of dispute with a company that's outside the City of Miami in the first place, and why we would .get involved in these kind of disputes, even if the company was in the City of Miami. This isn't a dispute that has anything to do with the City of Miami. This is a dispute between workers and a company that ought to be settled through the normal process that those things get settled in, and if the workers have really been harmed that way, let the worker again a campaign to boycott Goya Foods. If Goya Foods is such an evil processor, then boycott Goya Foods. Don't buy their foods. Get people to picket. Stop buying their foods. This isn't an issue for the City of Miami Commission. 183 February 10, 2000 Commissioner Regalado: Well, -- but it is an issue for me, as the Commissioner of district 4 because I have two residents who were fired. So, I mean, you can vote no. Commissioner Winton: OK. Commissioner Regalado: Call the question. Commissioner Teele: Before you call the question. Would you make sure that the resolution, in its form, the final form, I would amend it to ensure that the names of the individuals are in the " whereas ", that are residents of the City of Miami. I think Commissioner Winton makes an excellent point that we need to be careful that we don't -- we've got to find a nexus, other than it's a good thing to do, but, you know, we condemn -- I mean, I was not a Commissioner here, but I sponsored resolutions condemning apartheid in South Africa. You can make the argument either way, and I just think that, you know, a fragile community like this, we have to show support for each other's... Vice Chairman Gort: How about reconsider it? Commissioner Sanchez: .And that's all itis. It's just a support document. Commissioner Regalado: And that's all there is. 'Its support for people in you know, that we represent. So, I think it's:.. Commissioner Winton:. That -- one more comment, then, Mr. Chairman. Vice Chairman Gort: Go ahead. Commissioner Winton: Yes, it seems innocent enough, but it is a process and you don't know how this kind of message gets interpreted two years from now with a different company that we're trying to recruit into our community, to create a whole lot of jobs. This kind of stuff can create a whole life of its own, and, frankly, I'm going to repeat my comment. This is the kind of thing that, as far as I'm concerned, has no business at this City Commission level, even if the constituents -- even if they are constituents of yours, Commissioner Regalado, this really isn't City business; an I think we're sending the wrong message, and we're creating an opportunity here for a message that can have all kinds of untoward repercussions and consequences later down the road, that I'm not comfortable with. Mr. Gonzalez: May I add one thing? Vice Chairman Gort: Thank you. Excuse me. Mr. Gonzalez: I'm sorry. Vice Chairman Gort: Anybody' wants to ask him a question? Go ahead. Commissioner Teele: Call the question. 184 February 10, 2000 0 - 0 Commissioner Sanchez: No. Commissioner Regalado: No. Just call the question. Vice Chairman Gort: No. Go ahead. He wants to make a statement. Commissioner Regalado: No., no. Just call the question. Mr. Gonzalez: No, no. That's fine. Vice Chairman Gort: OK. (Comments made during roll call) Vice Chairman Gort: Once again, I'd like to reinstated, this does not have any - - is not binding at all. Yes. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 00-155 A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOYA FOODS OF FLORIDA TO REINSTATE FOUR FORMER EMPLOYEES, WITH JUST COMPENSATION, WHO WERE EMPLOYED AT ITS NORTHWEST MIAMI-DADE COUNTY PLANT, LOCATED AT 1900 NORTHWEST 92ND AVENUE, MIAMI, FLORIDA AND WERE TERMINATED BY MANAGEMENT IN RESPONSE TO PUBLIC STATEMENTS MADE BY THE WORKERS REGARDING CERTAIN UNSANITARY CONDITIONS; AND FURTHER 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 Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. NAYS: Commissioner Johnny L. Winton ABSENT: None. 185 February 10, 2000 • r� Commissioner Regalado: and the last item, Mr. Chairman, is a request that I have received from the Miami Cultural Foundation... They are trying to establish an arts center for disadvantaged youths in the City of Miami, and some of the representatives are here. The administration had some information on this issue and they— the city manager wrote a memo. I think that he mentioned Lori on this issue. We have here the members of the foundation. If we can hear a brief presentation from them, to see what their plans are in the City of Miami and, especially, with the disadvantaged youths in the City. Ms. Silvia Dorfsman: Good afternoon. My name is Silvia Dorfsman and I am the Administrator of the MCF (Miami Cultural Foundation). Address 1215 San Miguel (phonetic). I'm pretty sure I'm going to forget some of the important issues, so I just wrote a very brief summary, which I'm going to read. Due to the imperious necessity of our strong economical and cultural impulse to underprivileged areas of our City, a group of professionals and art advocates have envisioned the Miami Cultural Foundation, a private, not-for-profit organization, committed to the artistic experimentation and development. It will act as a common voice for the fine arts education, development and promotion in our city. The project includes several and specialized programs dedicated to the identification and nurturing of creative potential and disciplines, such as music, dance, literature, and the visual arts. Supported by the criteria that the arts can intervene and function as a means of social improvement, we recommend the Housing of the Cultural Centr in Little Havana and its adjacent areas. Based on the fact that these are sites of recognized historical importance in Miami -Dade. Furthermore, Little Havana is one of the four areas in the United States with the lowest income per capita and severe social problems. Our school, the Miami Cultural Foundation aims to connect artists with audiences through exhibitions, performances, online programs and community outreach. The project will help in bringing together the community by involving leaders, educators and art advocates in a supportive matter, both publicly and privately. The materialization (phonetic) staging of a project of this magnitude will imply a new source of employment in the area. Furthermore, the richness of the cultural ambiance willmake of this center a landmark of international attraction. Thank you. Commissioner Regalado: So, Mr. Chairman, I sent the administration information and they sent me a memo regarding. What they are asking is to have the possibility of either leasirg or using the old fire station at Northwest 27th Avenue and 1 st Street, which has been abandoned for five or six years now. The City has tried to sell this, but no bids have been received, I think, twice or three times. So -- I don't know, Lori, if you want to... Ms. Lori Billberry (Director): Lori Billberry, Asset Management. As you know, Commissioner, in order for us to do a lease with the organization that requires a competitive process and the City must receive a fair return, in accordance with the City Charter. We must get a fair return based on two appraisals. What we'd like to do is sit down with them, have an understanding of what their program needs are to see if a lease is what they really need, or if there's an alternative mechanism. We may come back with you saying that we need to put this out to bid. The facility does require substantial repairs. On a low ball, it's probably the hundred thousand dollars ($100,000) that was previously mentioned to you. Obviously, that number is going to depend on the use that they put this to, on what type of frnishings are required on the inside. I know it needs a new roof, I know it needs all 186 February 10, 2000 0, 9 new air conditioning, and there are some other issues, window problems and everything. And, then, additionally, there may be other improvements that are required for their specific use, and that's why we would like the opportunity to sit with them because of that amount of investment. Commissioner Regalado: OK. So, we'll come back after you meet with them Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes. Commissioner Teele: And Mr. Attorney? You know, again, it's the same problem that we were discussing some months ago. These rules -- these laws, in some way, just almost inhibit creative and productive uses of government-owned property. I mean, it's almost at the point where we're much better off disposing of these properties, in some cases. I think it's really important -- and I take particular note that the Law Enforcement Trust Fund has given huge sums of money to culture, like the Coconut Grove Theater, since I've reviewed the numbers. I mean, unbelievable amounts of money. We need to really develop a process whereby we can bring culture and the arts on an equal dignity with the athletics in this city. I'm an avid believer that culture and the arts have just as much posi -- everybody can't be a soccer star or a football player or a basketball player-- and I'm going to say that again -- in the black community. I want to say this. Every black does not shoot the basketball and play football. And the same thing is true in every community. Even though I'm very proud of some of the athletic -- and I would like to have a resolution of mourning presented today for an athlete. But I think it's important to recognize a cultural, the arts, theater, dance, and the visual arts, play as just as much of a role in taking people out of a life of criminality, from a }zvenile point of view, as the arts. And I think, for some reason, there's just been -- you know, maybe it's because of basketball and football, the NFL (National Football League), NBA (National Basketball Association), and we need to work to give the arts a greater dignity, particularly in the inner city, in Little Havana, in Little Haiti, in Liberty City, in Overtown, in Edgewater, and other areas. And, so, I want to be supportive of what you're doing. And I think we need to look for ways to try to move some of these resources. See, the system is built in. The Optimist and the Boy's Club, I mean, they don't have any problem getting use of a lot of-- the system's just sort of skewed that way, and we've got to figure out how we can -- figure out how to make sure that the arts -- because the venue is a little bit different. You know, you don't need, necessarily, a field-- I mean, a facility to play football, a covered facility. You do to do the arts. And, so, I just want to be very supportive and to atcourage you all to continue in your work. Vice Chairman Gort: Commissioner, that's something that I stated before. Our Parks need to have that type of use. The reason being, like you stated before. And we've been talking to the Parks Department now for a year now, where we need to put these cultural events into our parks. And this type of program is the one that fits right into the-- what do you call the police trust? Mr. Warshaw: Law Enforcement Trust Fund. Vice Chairman Gort: Law Enforcement Trust Fund. You can get a lot of the -- these kids are very good artists, but they don't have no one to sit down with them and teach them and take them off the street, and this is one way that they can apply for those type of funds. Commissioner Wnton? 187 February 10, 2000 Commissioner Regalado: So, we can -- Oh, I'm sorry. Commissioner Winton: I'd like to piggyback on what both of you said and probably expand it a bit. Because, as I've spent time driving around our city and gotten to know folks and neighborhoods, we are lacking something in most of our neighborhoods that's crucially important to neighborhoods throughout the country and when you see successful neighborhoods, you always find it. And that is some community center facility. And I don't mean onethat serves all of the City of Miami because that doesn't work. We have to have these facilities that would work, just as well for the neighborhood association to meet in, as it well would for the cultural and arts people to do their practicing and other kinds of things in. We really need to figure out a way for this city to identify the funds to build resource centers or community centers or whatever in the world you want to call them, and have a master plan that identifies the zones where they need to be in so that all of our neighborhoods are served. And maybe it isn't one -neighborhood gets one. Maybe it's two neighborhoods share one. But you've got to look at the demographics and the geography and the density to figure out how many of these we need But I would like the City to work on a real master plan for long-term development of these kinds of facilities in all of our neighborhoods. Vice Chairman Gort: So, what we're saying, Mr. Manager, when staff gets together with this group to try to bring all these thoughts together, so we can come up with a plan, take advantage of it. You should also look at the idea, not only have the program in one location, but maybe try to expand it through the Parks Department. Thank you. Do you need a motion for that or --? No. OK. Thank you. Commissioner Regalado: No, you don't. I don't need a motion. Mr. Chairman, I will defer the other three issues for next agenda. Note for the Record: Items 4D, E, and F were deferred until the next regularly schedule City Commission meeting. Commissioner Regalado: Mr. Chairman, I will defer.the other three issues for next agenda. Vice Chairman Gort: Commissioner Teele. Vice Chairman Gort: Commissioner Teele. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: PZ -l is in your... Commissioner Teele: Mr. Chairman, I don't have an item listed here, but I would like to take up an item, as pocket item. Vice Chairman Gort: OK. 188 February 10, 2000 Commissioner Teele: Is that all right? Vice Chairman Gort: But my understanding is, for some reason-- I don't know why this PZ -1 was put under Teele's... Commissioner Teele: I think that's just the way it was tabbed. Vice Chairman Gort: OK. Commissioner Teele: It's not mine. It's yours. It's in your district, isn't it? Mr. Donald Warshaw (City Manager): After Commissioner Teele's, this is tabbed PZ 1. Vice Chairman Gort: OK. I'm -- okey doke. Commissioner Teele: It's in your district, right? Vice Chairman Gort: Right. Y'all want to take this first and take pocket items afterward? Commissioner Teele: Yes. Vice Chairman Gort: Because there's people been here waiting for a long time. Commissioner Teele: Is Mr. Santiago-- Mr. Garcia? Who's the lawyer? Vice Chairman Gort: When you call the item -- this is the item of the Allapattah Garden Apartments. Ms. Anna Gelabert: What is in front of you is the consideration of the Allapattah Garden Apartments proposal for consistency with the Station Acca Design and. Development Plan of the Allapattah Metro -Rail Station. I think there was a presentation. Do you want to... Vice Chairman Gort: Has to be, yes. Mr. Joel E. Maxwell (Assistant City Attorney): Mr. Chairman, this is a RZ item. Would you have the Clerk swear in everyone, please? Mr. Walter Foeman (City Clerk): Would you raise your right hand, please? Vice Chairman Gort: Excuse me. Everyone that wants-- that's going to testify on this item, please stand and raise your right hand. AT THIS POINT, THE CITY CLERK ADMINISTERED REQUESTED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Vice Chairman Gort: Yes, sir. Mr. Sonny Holtzman: Mr. Chair and Commissioners, my name is Sonny Holtzman. I am representing the applicant, New Century Development Corp. a non-profit corporation, and the Carlyle Group, the Joint Venture Developer of Allapattah Gardens Apartments. With me today is 189 February 10, 2000 Ms. Sharon Williams. She is the Executive Director of the New Century Development Corp. And Lloyd Bogio, he is an officer of the Carlyle Corp. We're here today to ask you to sign off on the approval of the Planning and Zoning Department, that our proposal is consistent with the Station Area Design and Development Plan. By way of background only, the site in question is an overgrown vacant lot, formally owned by the Miami Dade Transit Authority, located near the intersection of Northwest 12th Avenue and 36th Street. And it was originally intended as an additional parking lot for the MTA Station. The parking lot was never built and the parking demand never materialized. The site is boarded on the north by Metrorail Parking and the entrance to the station on the west by the station itself, and the Metrorail tracl6, which are on the top of that chart right there. On the east, by Northwest 11th Court, on the south, by vacant and bordered up, little HUD (Department of Housing and Urban Development) town houses. There's a rendering here. The far rendering shows the clubhouse. What the clubhouse does not show, the clubhouse contains a seventy-five hundred square foot daycare center. The site is not suitable for hotel or office space and there's substantial real estate nearby Northwest 36th Street, much of which, itself, is vacant or under utilized. It's extremely important to know that the property was conveyed by Miami•Dade County to the New Century Development Corp, a Florida non-profit corporation, in July of 1999, with conditions. The terms of the conveyance, very specifically, require 128 rental apartments, targeting large families. In addition, all of the units shall be set aside for families with income that is equal to or less than 60 percent of the area's median income. In fact, the deed that's on record contains other items. There will be 28 two-bedroom/two bath units; 103 bedroom, two -bath units; each unit having reverse cycle air conditioning, a refrigerator/freezer, dishwasher, garbage disposal, and wall-to-wall carpeting. Additionally, the improvements will include a gated secured entrance; a clubhouse designed for multi -use purposes, and also suited for an educational facility, a volleyball court, a tot lot, and centralized laundry facilities. Also, located on the site will be a picnic area and acar-care area. This restriction shall remain in full force and effect throughout this whole idea. Now, this is not public housing. This is not subsidized housing. This is housing for working families whose income do not exceed twenty-seven thousand dollars ($27,000) for a family of four. The stated rents, at this time, for a two-bedroom/two-bath unit, will be five hundred and thirty-eight dollars ($538) a month; and for a three bedroom/two-bath unit, six hundred and eleven dollars ($611) a month. It's also important to know that the development plan is a much lower density than originally asked for by MTA, whose primary goal was increased rider ship of the is Metrorail. The RFP's (Request for Proposals) for other stations called for maximum density and, in every case, they approved much higher density projects for other MTA sites. This will not be high-rise. As you can see, particularly Commissioner Winton, it will be a garden -style, three story apartments. We've already received staffs recommendation and Planning and Zoning approval for the guidelines. We simply require the signoff of the Commission to proceed with site plan approval with the County. Now, the Carlyle Group is an extensively, experienced and successful local developer that has been selected by New Century through a County supervised RFQ (Request for Qualification), as a developer, general contractor, and managing agent. The Carlyles have been in the property management business since 1969. The principals of that firm have managed more than four thousand units. We believe that Carlyle and New Century will form an advisory board, with all interested parties, to ensure regular input to the management team. The development is already received a commitment of a five hundred thousand dollar ($500,000) SHIP (State Housing and Industries Partnership) Loan from Miami -Dade County. The primary financing for the development comes from the Housing Tax Credit, allocated by the Florida Housing Finance Agency. This application must be completed in Tallahassee by March 8th. If we miss the deadline, the steps for much needed Housing will be delayed until 2002. Representatives of New Century and . Carlyle have met with a City NET (Neighborhood Enhancement Team) Office, a NET Neighborhood Resource Officers, who strongly support the development. We also have had a number of conversations with Ms. Sumner, Chairman of the Allapattah Homeowner's Association, and Neighborhood Activist, Mr. Cruz. In September, we attended a meeting of the Homeowner's Association; we provided an overview of the project, and 190 February 10, 2000 0 . 0 answered questions. There was insufficient attendance, according to the Association, to meet a quorum. Therefore, no vote was taken. At Commissioner Gort's request, we scheduled a meeting on February 7th, one at 2 p.m. and, again, one at 6 p.m. of this month, to again meet with interested neighbors. We, specifically, invited the Allapattah Homeowner's Association, as well as other interested residents. I can tell you that the president of the Allapdtah Homeowner's Association was asked to serve on a Selection and Advisory Committee and declined. At the 6 p.m. meeting, only one person attended, who was against any sort of rental, whatsoever. We gave the homeowners, we feel, every opportunity, at these two meetings, to express their views. So, in summary, we believe the developer and contractor, you know, who have been selected, are good. There's no active and well -reasoned opposition in the community. We believe that we've met whatever concerns hey may have had. The City of Miami Planning has approved the design, guidelines and recommends approval. And may I remind the Commission -- and I refer to the agenda item -- that your vote today is for consideration of approving the Allapattah Gardens Apartments Proposal for consistency with the Station Area Design and Development Plan at the Allapattah MetraRail Station. And I contend our hearing, today, should be, you know, limited to that. The only issue is whether the continued deferral by the City Commission will cause this development to be needlessly postponed. We, respectfully, ask for your favorable resolution today so we can get on with this important project. And I'd like to ask for some time for rebuttal. Vice Chairman Gort: OK, sir. Those in opposition? Mr. Mariano Cruz: For the paper's tray (phonetic), I try not to be emotional when I hear so much rhetoric. My name, Mariano Cruz, 1227 Northwest 26 Street, in Allapattah, City of Miami. I live in Allapattah since 1965 or the making now 35 years, a resident there. And, let's start by something I heard here this afternoon, while Mr. Sergio Wellings was talking there and he emphasizes on 26 and 27 Street, it's going to be a developer there, home ownership property, not rental. And he repeat it twice. Homeownership. You heard it and I heard it, too. So, we are -- everybody's for homeownership. And you come and I see Mr. Penelas. Every day you see him in the paper either about -- certain case about (inaudible) or different thing of the Habitat for Humanity; homeownership in the County. But how come now, the people from the County, come to build rental within the City limits? I don't know. But, you know, what I see -- what I saw before, all those big guns and everybody coming, I said, something. I don't know what's the problem? But lawyers steal all that and, then, you come to this -- let's mention this. And I want to put that on the record— all the units boarded up rental units, 21 units board up. And this is the affordable housing that City built. What a difference does it make next to my home? Big, big, big difference. You can see. Next to me. You can go there. Now, instead of a home, it's a duplex owned by Ruth Times. Now, that's the way it's going there. And you get County Housing was doing. You consider all -- what about rental that the County had put in our neighborhood. The things that nobody wants are going to Allapattah. The prison, the jail, the whole thing b} -products of society. A homeless refuge, they are there. They even tried to put, remember, Camillus House there, in Allapattah. How come is that? What about the homeowners, people that own houses for 34, 40 years there? Vice Chairman Gort: Thank you, sir. Mr. Cruz: I do have a limit. The only thing I have to say more is, remember, when we have now all these different programs, the SHIP programs for homeownership, OK? You can continue. Ms. Albena Sumner: My name is Albena Sumner. We haven't met, sir, because you, obviously, do not know me. And I am the President of the Allapattah Homeowner's Association. And we have tried to accommodate New Century Development. We have been misrepresented at this meeting on three occasions. You have been told that I met Carrie Meek and that I agreed with this project; you 191 February 10, 2000 were told that Maud Newbold and I met with them and we agreed to this project. We never agreed to this project because we are homeowners of 40 years in this neighborhood. We don't want very low rental housing; we don't want low rental housing; we want homeownership. Where is the Community Development when it comes to Allapattah? Let me tell you something. Those 21 HUD units that are closed were closed after a two-year old was shot in the head -- after a six-year old was shot in the head. This was a den of drugs. Worse than 15th Avenue in Liberty City. It's been closed for five years. And three-story apartment buildings, 128 density -- there were apartments buildings on this site, which were torn because they were too close to this Metrorail Station. It's a real problem with crime in this area. You know this. A security guard was killed there less than a year ago; the Police Department does not want it there; we don't want it there. Who's going to rent an apartment for 15 years and, then, pay for it as homeownership? It's ridiculous. We've met with them. I was so surprised when I finally did see the plans. This is not what we want for our neighborhood. Vice Chairman Gort: Next? Ms. Maud Newbold: Good evening, everyone. My name is Maud Newbold. I reside at 1070 Northwest 39th Street. I'm here to oppose and reject the New... . Mr. Holtzman: Mr. Chair may I, respectfully... Vice Chairman Gort: I'm sorry. Mr. Holtzman: ...on the record, just object to this testimony? Vice Chairman Gort: You'll get a chance to rebuttal later on. Mr. Holtzman: Just for the record, it's a quasi-judicial hearing and I would -- just to put on the record, that I would like to object to any testimony that relatesto a Zoning hearing. But you may proceed, if you wish. Vice Chairman Gort: Go ahead. Ms. Newbold: I do have my time, don't I? I'm here to oppose and reject a resolution 3.99-749, requested by the New Century Development Corporation, approving the Allapattah Garden Apartments. We feel, as the homeowners and the native Miamians, we don't want the Miami Garden Apartments there. Between January -- and listen to some of the stats now. Between January and August of 1999, there have been more than one thousand arrests -- and let me reiterate that -- one thousand arrests. documented by a Special Unit of the City of Miami Police Department, which occurred between Northwest 10th and 12`i' Avenue, 31st and 39th Streets. It's quite appalling to note that building 128 rental units for lowincome families would only emphasize the social problems that already exist in the Allapattah area. We don't want another Liberty City; we don't want another Germ City; that, which you are, I'm sure, aware of what has happened for the past couple of months. We don't want our neighbors to be afraid to walk and to go and catch the Metrorail. Vice Chairman Gort: Thank you, ma'am. Ms. Newbold: I have something else to say. We don't want it. We oppose it. It's very dangerous, and it is only promoting social ills in the neighborhood. Vice Chairman Gort: Thank you. Anyone else? 192 February 10, 2000 Ms. Jackie Belle: The name is Jackie Belle, 1120 Northwest 39th Street. I don't oppose development because I, too, am a Community Development Corporation. What we do oppose is a community that our Commissioner, who sits there, knows how hard we have worked to make sure that we clean it up. The area in which they're talking, we had public housing; we had rapes; we had murderers of tourism; we've had all kinds of problems. We even had drugs in my backyard, as you well know, Commissioner, and we removed that. We certainly know that we want to enhance your voter participation to our Commissioner, but we want to enhance it on a stable fent. How we do that? That community, that area had the front side of it toward 36th Street had commercial. It had a Mary Carter's Paint Store; it had a 7 -Eleven Store. Then, the back part of it was homeownership. Plus, the fact, in the front of where they want to put this, is homeownership. And I think those homeowners, at this point, have had enough problems and we should accommodate them in better form than to the other side. We have been told that it will be a gated community. Miami Herald, November 23, 1998, ran a four-page "Living Today" article on high-income communities that are gated with higher crime rates. So, let's think about it. Vice Chairman Gort: Thank you, ma'am. Anyone else? Anyone else? OK, sir. You have a few minutes for rebuttal. Mr. Holtzman: Thank you very much, Mr. Chairman. We'd like to move to strike any testimony that is not consistent with the purpose of this hearing today, which is to see whether or not the development is consistent with the Station Area Design and Development Plan. We submit that your Planning and Zoning Department said it was. So, we would move to strike all the testimony that was here today because it's certainly immaterial and irrelevant. The issue here is not homeownership. The issue is whether or not this site plan is consistent with the SADD (Station Area Design and Development) Plan. So, for that reason, we think that the testimony should be limited, but everybody has a right to speak. We understand that. But this is not a Zoninghearing. Thank you. Vice Chairman Gort: Thank you. Now, I'll close the public hearings. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Teele: I'd like to inquire of the planning Director. What is our rob here? There's a preemption -- or maybe I want to inquire of the Attorney, the Director or both. What is our role? Ms. Gelabert: From the Planning, our role is to see if the project is consistent with the Station Area Design and the Development standards and... Commissioner Teele: With the what? Ms. Gelabert: If what they're proposing is consistent with the Station Area Design, which is part of your package, and the development standards and that's what we looked at and it did. It was consistent. Commissioner Teele: From your point of view? Ms. Gelabert: Yes, from our point of view. As far as -- but what we look at is, what has been on the Station Area Design and what the development standards call Then, we look at what they're .proposing and, then, we determine is it consistent or not? It is not a review of the project and it's not zoning either. 193 February 10, 2000 C] C] Commissioner Teele: What's the legal-- Mr. Attorney, may I ask you the same question? Mr. Maxwell: Yes, sir. The word preemption has been thrown about and that's fairly correct, under Chapter 33 of the Dade County Code, which we've adopted. It clearly says that the County has jurisdiction in rapid transit zones. They do allow for us to collect occupational taxes in those arers but, other than that, we have no authority, except for review and adoption of development plans, and that's what's before you now. And -- I'm song. Of the development standards. In fact, I'll read it to you. Chapter 33 C-02 of the Dade County Code, which we have adopted in our Zoning Ordinance, provides under paren D -- 9D as follows: "Whenever uses authorized by subparagraph A above are proposed when portions -- within portions of the rapid transit zone passing through municipalities, the Station Area Design and Development Program process, a joint municipal County program, shall prepare proposed Master Plan Development Standards for such proposed uses. Such proposed Master Plan Development Standards shall be submitted to the appropriate municipaity for review and adoption, as the Master Plan, Land Use Plan for such uses." So, that's what's before you. What's before you is not the actual project but the standards. Commissioner Teele: So, the second question and final question from me, Mr. Chairman, if I may... Vice Chairman Gort: Go ahead. Commissioner Teele: ... is to the Attorney. What is the legal effect of any decision we make today? Mr. Maxwell: Well, that's -- it's not as clear-cut as it may seem. Commissioner Teele: It's not clear to me, at all. Mr. Maxwell: No, it's not clear-cut because, first of all, I would be interpreting a County provision. The operative word here, which is somewhat confusing, is the word "adoption." When the County put that word in there, "municipality for review and adoption," they left us kind of in limbo. Because the question, then, becomes what if this board does not act on it, at all, what happens? Now, the County's provision, I believe -- I haven't seen a legal opinion on it -- but I believe their opinion of this is that they have final word on it. And if you look at the -- if one looks at the last sentence of the section I just read, it says, "The municipality may seek judicial review of the County Commission's action in accordance with Section 33-316, Dade County Code," which, to me, would lead one to believe that, if you disagree with the County's adoption of the standards and the plan, then, you have judicial relief but, yet, we have no relief prior to that point. So, I think you'ie sitting in a purely advisory capacity, you vote, if you review it and you act on it, whafs.going to happen at that time. But if you don't adopt, which is a word that I don't know the meaning of it at this particular point. But if you don't adopt it, it may be that it simply doesn't move forward. Commissioner Teele: Mr. Chairman, I'll be happy to preside, if you want to make the motion on whether you like... Vice Chairman Gort: Well, let me tell you a statement. I think the project looks goodbut, from the beginning, I always said this neighborhood, since I first got elected, I had to work with them quite a bit. They had to do a lot of work in there to clear that neighborhood and to get rid of a lot of the problems that they have there. You have a Homeowner's Association there. They're very strong; they're very active, and they have improved that area quite a bit. I've always stated, from the beginning -- and I'll tell everyone -- if that committee does not approve it, there's no way that I can approve it. 194 February 10, 2000 Mr. Maxwell: Mr. Chairman, of course, just for the record... Vice Chairman Gort: I understand. Mr. Maxwell: Yeah. Your actions today are not based on that Committee's actions. It's, basically, on yours. Commissioner Teele: On the record that's before us. Mr. Maxwell: Yeah, yeah. Vice Chairman Gort: On the record that's before us. That's correct. The statements that have been made here. Commissioner Sanchez: All that we -- let me just get an understanding. All that we have to do is one, either approve or disapprove design? Is that it? Mr. Maxwell: You're approving -- reviewing and approving, if you will, the design standards. They are set forth in your packet. Vice Chairman Gort: And to follow it up. If you all recall -- and it was just in the paper not long ago -- the museum, the Children's Museum... Commissioner Sanchez: Youth Museum. The Children's Youth Museum. Vice Chairman Gort: I was the only vote against it. For the reason bang, that that was not in the neighborhood that it should have been and people were against it. And, you know, we have received a lot of deterioration in our neighborhoods because of expansion of expressways and Metrorail and so on. Commissioner Winton: Mr. Chairman, I think that -- and, obviously, this is in your neighborhood -- but I think a couple of points of clarification that need to come out, as it relates to affordable housing, rental housing, or for sale housing, particularly, that's geared toward the 60 percent of median household income. And, correct me if I'm wrong -- and I don't know about your specific development here. So -- but one of the things that I've learned is, if the developer qualifies for the -- forget the technical term -- but whatever the State funding mechanism is, which is where the -- tax credit program. Mr. Donald Warshaw (City Manager): Housing Tax Credits. Commissioner Winton: Housing Tax Credits Program. That, in order-- because the program is so competitive, you, in essence, have to commit to maintaining that project for that use for 25 to 50 years and at some range in there. And the way you commit is that the developer has personal liability for maintaining the property, and personal liability is very difErent than government built and government managed housing. There's a world of difference here. Because the government, as we've all seen in all of our neighborhoods -- and y'all -- and this is another subject that we've got to have about the HUD Housing that's scattered throughout our entire city. But I've seen in Overtown and I've seen in Liberty City and I've seen the pictures that y'all just brought here of that abandoned HUD housing that government built, government maintained, government managed ani they blew the whole system. This isn't government. This is private. And the private developers have an 195 February 10, 2000 absolute, personal, financial liability, longterm, for the maintenance of that project. So, that means that if there is a default, if they improperly manage, then, there is a default of their mortgage, which they, essentially, have to pay back out of their own pocket. So, it's a very, very different kind of program than the typical government programs. Yes, it is. I'm sorry. That is a fact. Whether you like the fact or not, it's a fact. Vice Chairman Gort: Excuse me. We have one meeting. Everybody had a chance to speak. Your Commissioner is speaking right now. Commissioner Winton: That's all. Vice Chairman Gort: Finished? Commissioner Sanchez: Is there a motion to approve or deny? Ms. Gelabert: If I may? There's one -- on the resolution that you had in front of you, there's something -- that language that needs to be added, where it says "Resolution of the Miami City Commission of consistency with the Station Area Design and Development Plan," it has to be added "an adoption of Master Plan Development Standards," which is what you have on your package. It's just language that needs to be added to the resolution, if you decide to approve it. Vice Chairman Gort: Mr. Attorney? F Mr. Maxwell: I am... Commissioner Sanchez: Sir, you're recognized. Vice Chairman Gort: I've always stated from the beginning, if the Allapattah Homeowner's Association and the people that live there were not in favor of this; I don't think I can approve this standard. So, I make a motion to deny. Commissioner Sanchez: Motion to deny. Is there a second? Commissioner Teele: I second the motion, but based on the fact that the policy of the City, which is very clear -- it's based upon the Five -Year Plan that we have adopted. It basically provides for a standard that we are shifting from rental units to a home ownership standard, and that is the standard by which I think these units, that have residential components, should be confronted. I think the Commission -- the County should take deference to the rules that the City has promulgated very clearly. I think that standard is one thousand units per home ownership unit per year. Commissioner Sanchez: There is a second to deny. Open for discussion. Mr. Maxwell: Well, you aren't -- Mr. Chairman, you aren't denying the project. What you're finding now that the standards are not consistent. Commissioner Sanchez: All in favor of the denial, say... Commissioner Teele: All in favor... Commissioner Sanchez: Favor say "aye." 196 February 10, 2000 Commissioner Teele: ... that it fails to meet the denial-- fails to meet the standards. Commissioner Sanchez: Say "aye." The Commission (Collectively): Aye. Commissioner Sanchez: Against? It fails. Commissioner Teele: Roll call. The following motion was introduced by Vice Chairman Gort, who moved its adoption: MOTION NO. 00-156 A MOTION TO DENY ALLAPATTAH GARDEN APARTMENTS PROPOSAL FOR LACK OF CONSISTENCY WITH THE STATION AREA DESIGN AND DEVELOPMENT PLAN BY THE NEW CENTURY DEVELOPMENT CORPORATION, INC. AT THE ALLAPATTAH METRORAIL STATION, LOCATED AT THE INTERSECTION OF N.W. 36 STREET AND 12 AVENUE. Upon being seconded by Commissioner Teele, the motion was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Commissioner Winton: Is this different than what we just voted on? Commissioner Sanchez: No, same thing. Commissioner Regalado: Same. Vice Chairman Gort: Same thing. Mr. Maxwell: Yeah. Commissioner Winton: Roll call. OK. Mr. Maxwell: And you are refusing to adopt the standards, as well. Commissioner Winton: Oh, then, that's a question. 197 February 10, 2000 Mr. Maxwell: Yeah. Commissioner Winton: Yeah. Vice Chairman Gort: Thank you. Vice Chairman Gort: Pocket items. Commissioner Teele: Mr. Chairman? Vice Chairman Gort: Yes, sir. Commissioner Teele: I would like a request that the City Attorney, working with the management, draft up a resolution, appropriately remembering Mr. Derrick Thomas, of condolences and providing an opportunity for the resolution to be embossed, working through the office of the chair, as well as an appropriate citation that the Mayor may choose to draft, and I would so move that the resolution of condolences be prepared for the signature of all five Commissioners that desire to sign, as well as the Mayor. Commissioner .Sanchez: Second. Vice Chairman Gort: Moved and second. Discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 00-157 A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING DEEPEST SYMPATHY AND SINCEREST CONDOLENCE ON BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF DERRICK THOMAS, UPON HIS UNTIMELY DEATH. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) 198 February 10, 2000 El 0 Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Vice Chairman Gort: I would like to... Commissioner Teele: Mr. Chairman, on the second pocket item, after the Edgewood/Wynwood discussion today, the chair moved very quickly, and I didn't want to accept because we were starting late. To the Manager -- by the way, where is Raul Martinez? Mr. Donald Warshaw (City Manager): Raul Martinez is in the hospital having some tests. He's been out for a couple of days. Commissioner Teele: Please give him my condolences. Vice Chairman Gort: I hope he's OK. Mr. Warshaw: I hope so. Commissioner Teele: I wanted to note that that presentation today was really one of the better presentations that I have been able to witness. The enthusiasm of the director or the NET (Neighborhood Enhancement Team) administrator was clearly beyond the norm of the presentations that we've received, and it was very, very encouraging, and I wish I could take some pride in having to have contributed in some way, but I didn't. But to those that did, I want to commend you, Mr. Manager, and Raul Martinez, and the staff -- and that staff. The police officers were the best -looking police officers that we've seen. I wanted to ask them where is the gym? They looked like City of Miami -- or they looked like the way police officers should look, particularly those out there that are in the -- their uniforms were very clean, the staff was very, very positive, and I do think, Mr. Chairman, -- and I hate to put Commissioner Gort on the -- Commissioner Winton on the spot, but I think they made a very important point that we should have followed up on at the time they made it. The Wynwood free trade zone was probably one of the more important issues that came out of that, and I don't want to just let that fall on deaf ears, as we rush through this. Now, your predecessor served on the board of the organization, and was very much involved. We need to again now -- it is a 199 February 10, 2000 0. 0 legal nightmare and mess, but we need to again a process, Commissioner Winton .-- and I'm going to look to you first or to anyone else, but I think you are the developer of the expertise. We need to again a methodical, slow, but deliberately moving forward process to address the very important concerns that came out of that NET discussion today in the Wynwood Center. I would strongly suggest that we look at bringing in a consultant early on that can provide some expertise to us, through a competitive process, but I do think they made a very good point, and we shouldn't just have people come here, do a great job, prepare well, and really not have a little bit of a discussion, because I think it tends to send the wrong message. The second point regarding that presentation today really was just the fact that they made a very clear impression, that cleaning up the neighborhoods do matter in some ways, and it really involves a cooperative process, and I would renew my concern based upon what Mr. Cruz and others have shown today. The first thing the City has got to stop doing is exempting the City, and the second thing we've got to stop doing is exempting local government. And you know, the biggest violators of these ordinances or these codes are the City and the County. And Mr. Cruz just passed out some pictures today that are deplorable in an area, and the County should not be allowed to do that. And the problem and the frustration that we all feel is that, if it's a business owner, we all run up there and they give them these citations, and the fines run by the hour and the day, and, you know, we won these huge fines. We need to take another look at how we're doing this. And, so, I just wanted to be on record, Mr. Chairman and Commissioner Winton -- because most of it is in your district -- of commending the Wynwood presentation today, and really saying that we really should follow up on some of that. And, Commissioner Winton, I'm not making a specific presentation or a proposal on that. The only other thing that I'll mention consistent with the CDBG (Community Development Block Grant) issues that really we need to take a very hard look at in a different form, is the fact that municipal functions -- we don't want to put ourselves in another -- what was that federal program they had years ago? Mr. Donald Warshaw (City Manager): CETA (Comprehensive Employment and Training Act) Commissioner Regalado: CETA, CETA. Commissioner Teele: We don't want to get ourselves in another CETA situation, and that's clearly what we have begun to evolve into. The governmental programs are here to supplement and provide unique opportunities, and not to carry out basic functions. I commend the Manager for not objecting today on the removal of the fire -- of the terazle (phonetic) floor allocation from CDBG and taking it from the fire fee, because that's where it should come from, and we really need to take a hard look at that. And I'm very interested, Mr. Manager, in discussing this with you next week, on how we can -- because we've got to unwind that process, and I appreciate your indulgence on that issue, Mr. Manager. Vice Chairman Gort: Thank you. 200 February 10, 2000 0 0 Vice Chairman Gort: At this time I would like to move a resolution of mourning for Ms. Carmen Regalado, who passed away this week. Commissioner Regalado, our sincere condolences to you and your family, and sympathy in your deep lost. Commissioner Winton: Who? Vice Chairman Gort: Commissioner Regalado's mother. We were not aware of it. Commissioner Teele: Second the motion. Commissioner Sanchez: Second. THE FOLLOWING RESOLUTION WAS INTRODUCED BY VICE CHAIRMAN GORT, WHO MOVED ITS ADOPTION: RESOLUTION NO. 00-158 A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING DEEPEST SYMPATHY AND SINCEREST CONDOLENCES ON BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS O CARMEN REGALADO, UPON HER UNTIMELY DEATH. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Vice Chairman Wifredo Gort Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Commissioner Johnny L. Winton NAYS: None. ABSENT: None. Vice Chairman Gort: OK. Other pocket items? Commissioner Winton: Yes. Vice Chairman Gort: Go ahead, sir. 201 February 10, 2000 Commissioner Winton: I'll read the recommendation in the paragraph. I think it's clear here, in term of what's at work. This is about operation Opsail. It is respectfully recommended, that City ,Commission adapt the attached resolution - - oh, there is the resolution. I'm sorry. Where is the attached resolution, by the way? I'll finish reading this paragraph so you ,get a sense of what's going on. Adopt the attached resolution, requesting the U.S. Department of Housing and Urban Development to transfer directly to Opsail 2000, Inc. A grant that was awarded to the City of Miami by the U.S. Congress for Opsail 2000. Opsail 2000 Cultural Exchange Program in the amount of two hundred and fifty thousand. What's at work here is that the money should have gone to Opsail 2000, rather than the City. So, it's really just a transfer to the right arena, and that's what this is all about. And where is the resolution? Commissioner Teele: Second. Mr. Donald Warshaw (City Manager): And just for the record, just so you know, we don't have the money. The money is in Washington, so this will just make it more to the right place. Commissioner Sanchez: Second. Commissioner Winton: Do I need to read the resolution? Mr. Joel E. Maxwell (Assistant City Attorney): No, no. The resolution doesn't -- you've explained it. You don't have to read the title of that. We can work from what you've said so far. If the Commissioners all understand and prepared to vote on a proposal? Commissioner Sanchez: Yes. Mr. Maxwell: If so, proceed. Vice Chairman Gort: It's been moved and second. Commissioner Sanchez: Second Vice Chairman Gort: Any discussion? Being none, all in favor state by saying flaye.11 The Commission (Collectively): "Aye." RESOLUTION 00-159 STILL PENDING 202 February 10, 2000 Commissioner Sanchez: Any other pocket item? Vice Chairman Gort: Yeah, I have one. But any other pocket items, Sanchez? Commissioner Sanchez: No, sir. Vice Chairman Gort: OK. I have two. I have one, which is from the Police Department. Note for the Record: At this point, Vice Chairman Gort read the resolution into the public record Vice Chairman Gort: Does the administration recommend this? Mr. Donald Warshaw (City Manager): Yes, sir. Vice Chairman Gort: Do I have a motion? Do I have a motion? Commissioner Sanchez: Move. Vice Chairman Gort: Second. Commissioner Winton: Second. Vice Chairman Gort: Discussion? Being none, all in favor state by saying "aye." The Commission (Collectively): "Aye." RESOLUTION 00-160 STILL PENDING ��L)1rS�CI�',�SIQNC I;�10E;�tNINCa`r �TREET E , V;TION� � � ,��� Vice Chairman Gort: At this time, I'd also like to bring the pocket item, that the Commission requesting -- that's Berth 10, two thousand -- that they hire an inspector for the purpose of enforcing the City regulation concerning street excavation. This is a problem. Do we have a... Commissioner Teele: Concerning what? Vice Chairman Gort: Street Excavations. The holes-- the ditches that they had been making all over the City. As you all know, there's all kinds of work going throughout the whole City and my understanding is, one of the problems that we have, we don't have sufficient inspectors to go after 203 February 10, 2000 this work, it gets done, and make sure that the pavement, even if it's temporary, complies with our criteria and guidelines. Commissioner Sanchez: Willy, that's fine. But let.. Commissioner Teele: Is this a resolution? Commissioner Sanchez: When WASA or the Water Sewer or anybody opens up or excavates the road, they have to get a permit, correct? Vice Chairman Gort: Right. Mr. Donald Warshaw (City Manager): Yes. Mr. John Jackson: Yes. Yes, they do. John Jackson, Acting Director, Public Works. Yes. The Water Department and any utility has to pull an excavation permit from Public Works when they're working, with the exception of an emergency. Now, they can go out on an emergency basis, something that's broken and... Commissioner Sanchez: But later on they would have to get a permit? Mr. Jackson: They should notify us later on, yes. Commissioner Sanchez: And, then, this inspector would be citywide to go out and inspect the sites and would be reported by the permit process to inspect the site? Mr. Jackson: Yes. Basically, what has occurred is that we've had a number of communication companies that are in town, bringing in fiber optic cable and, essentially, in a downtown area is not where they are and they have to -- eventually, will be branching out into the communities. Apparently, there's a big -- there's a rush to get their line in first. And so, we're having overlapping excavations. And one company comes in and, then, later, another company comes in. And, so, the restoration looks like it's not being done. But the Code-- through the Code, we have the control of what they're doing but, basically, it needs to be inspected. Any underground work is only good as the inspection and, you know, it's not what is expected. It's what we inspect. And we just need to get -- we need more inspectors to go out and get inspectors. Vice Chairman Gort: Gentlemen, I'd like to tell you. I havea report here, not only in Allapattah, but through all our neighborhoods. But I have pictures and a report here from the downtown. These people have come in and they've broken two water main pipes and it creates a lot of problems within the area. They're not -- permits are being issued, but like the gentleman stated, we don't have enough inspectors to go there to make sure that they comply. And the fixing of the holes that we have all over our City, I mean, it's terrible. Commissioner Sanchez: But did this Commission request -- I could recall either the last Commission meeting or the one before that... Commissioner Teele: Two meetings ago. Commissioner Sanchez: Requested an ordinance to... Commissioner Teele: Come forward. 204 February 10, 2000 Commissioner Sanchez: Has that been in place? It's definitely not come in front of this Commission. But it's intended to do that so they just don't stripe one little piece. There has to be a certain area that they could replace. Commissioner Teele: I don't understand, Commissioner Gort. What are we doing now? What are you proposing now? Vice Chairman Gort: I want another inspector. Because the biggest problem that we have is, that we don't have enough inspectors to go -- permits are being pulled, at least, maybe 10, 15 permits for work done throughout the City. We don't have enough -- my understanding is, we need to hire inspectors or if we can train somebody within the NET (Neighborhood Enhancement Team) and let each NET Office go ahead and do the supervision. Mr. Warshaw: Let me just say a couple -- there are some multiple issues here. People are coming at us from all sides, and I've been working with the City Attorney's Office. There was an issue about moratorium, which I'm told we shouldn't have done, we can't do. But let me just give you some quick examples. I got a call in the middle of the day last week from one of the organizations downtown. People aren't supposed to be doing things, unless they're emergencies, in the middle of the day. They shut down a whole slew of downtown streets. We, in turn, shut them down. Now, on the issue of opening up the streets. We have people fiber optic companies coming all over. They want to put big boxes. They don't have any interest in landscaping or aesthetics in the neighborhood. Raul went out into Coral Gables to take a look and see. And, of course, you know, in Coral Gables, they're putting in easements and in places where, unfortunately, because of the way our construction is, we don't have a lot of those alleyways in places to put these boxes. But these are big boxes three, four feet tall. I mean, the cable companies putting them in and I don't want the streets, and I know you don't want the streets to be, laden with these things. And before we know it, it's too late to turn around. So, we're doing everything we can, legally, to stop or slow this process down. On the issue of opening the streets, we've got a lot of control over the County and over WASA. But, then, we get into these cable companies, fiber optic companies. They just come in. They just start ripping our streets up. So, I think the issue is, we need more inspections and -- you know, we're getting a lot more aggressive. Commissioner Winton: So, you need how many inspectois? One? You're asking for one, Commissioner? Vice Chairman Gort: That's what we're asking for. Commissioner Winton: Did you make a motion? Commissioner Teele: I second it. Commissioner Winton: You second... Vice Chairman Gort: Whichever many they may need. Commissioner Teele: Mr. Chairman, I think the problem-- I mean, you know, I would ask, again -- I strongly support what Commissioner Gort's saying. But I would ask the Attorney and the Clerk and the Management, look, we were supposed to get -- have a study done. This is a lot more complicated. The issue for me is very simple. We need to either be collecting a fee to go back and do it right, after they've done it sufficient, including the cost of inspectors, or we should require them 205 February 10, 2000 to do it. And what we should require them to do should have standards that they can't just make the road look like a bunch of snakes from another planet came down our streets. They have to do entire sections of the street, and that's what the standard should be now. Someone told me, that saw this presen -- that saw this discussion about two weeks ago or three weeks ago, that the fiber optic companies, through Tallahassee, had passed some preemptive legislation of sorts that, basically, ties the hands of local government. You know, here's, you know, special interests at its finest now. So, in effect, they've written laws, apparently, that preclude our ability to even regulate or issue permits. And what I thought we were going to do is have a study on this to bring in a consultant in Public Works area, a legal consultant, and let's try to figure out how to get hands around it, if necessary. Let's talk about going into court and getting some injunctions against this. Commissioner Winton: So, Commissioner Teele... Vice Chairman Gort: We need to look at the fees and those fees should be able to pay for the additional help that we need. Commissioner Winton: So, let's... Commissioner Teele: You know, but one or two inspectors is just -- if we're not adding costs on the permit fee, then one or two inspectors is just going to make another problem. That's going to be a cost that was not budgeted. They should be paying-- I yield. Commissioner Winton: Let's give the staff a time lne, then, to get this back to us, instead of leaving it open-ended. So, how long do you think it would take you? I mean, you know, we ought to give you a reasonable amount of time. Mr. Joel Maxwell (Assistant City Attorney): What it is, Mr... Vice Chairman Gort: Next week. Commissioner Winton: Because it is complex. No, they can't do it in a week. Mr. Maxwell: What is it that you're asking them to bring back to you? Vice Chairman Gort: Look, the streets are being destroyed and theyre not being repaired, guys. Mr. Maxwell: But the thing is, you're asking... Vice Chairman Gort: OK. What I'd like to see... Mr. Maxwell: One of the questions on the table was the legislation. Vice Chairman Gort: Let me tell you what I'd like to see. Mr. Maxwell: Is that what you want back? Vice Chairman Gort: Let me tell you what I'd like to see. I'd like to see you come back, that the fee for whatever they're doing... Mr. Maxwell: They're already paying a fee for that. There's a permit fee that they pay for permits to excavate now. 206 February 10, 2000 0 • Mr. Warshaw: We're talking about a right-of-way fee, which is something... Commissioner Teele: Yeah, but is there an inspection fee associated with that? Mr. Maxwell: Under the regulatory process, when they pay a permit fee, implicit in that permit fee is the cost of inspecting. That's all part of the regulatory process. Commissioner Teele: So, how much is the fee? Mr. Maxwell: That... Mr. Jackson: Right now the fee is two hundred and fifty dollars ($250), plus thirty cents a foot... Mr. Maxwell: A foot. Mr. Jackson: ...for linear foot of cabling that they were inspecting. Commissioner Teele: So, what do you all do with the money, per foot? Mr. Jackson: Well, we... Mr. Warshaw: The money goes into the General Fund. Mr. Jackson: The money comes in and goes in the General Fund, but we have... Vice Chairman Gort: It goes into the General Fund. But it's an additional fund that were not part of the budget. Commissioner Winton: But in terms of the bigger question, Commissioner Teele, that you asked, that I think we ought to come back and focus on, and that was that was discussed two meetings ago, or whenever it was, you've discussed it again this evening, and that is a real, in depth look at what kind of rights we have; what kind of new procedures we implement; what kind of new ordinances we have to put in place, what kind of new whatever it is, to end up -- what we want to encourage the communications companies into our community. No question. We don't want to run those people off. On the other -- flip side of the coin, however, we want a city that looks beautiful at the end of the day, not one that looks like hell. So, what we need the City staff to do is look at the whole global issue here, as it relates to the impact on our city and figure out what kind of steps we can take to protect our city and, at the same time, encourage the continued wiring of our city for the 21st Century. Is that not correct? May I just ask one really... Commissioner Teele: That's very fair. Commissioner Winton: And a time line for doing that, please. And that's what I asked for at last was, how long would it take to get that done so that we have an expectation, you have an expectation, and we don't talk -- I'm sorry. Mr. Manager. Mr. Warshaw: We'll work with the Law Department and bring you something. Commissioner Teele: May I ask a basic question? 207 February 10, 2000 Commissioner Winton: How long? Mr. Maxwell: We're prepared... Mr. Warshaw: I tried to put... Commissioner Winton: A month, two months? Mr. Warshaw: Well, I tried to put a moratorium on this, actually. We did that. We were told we can't do that. Commissioner Winton: Right. Mr. Warshaw: So... Commissioner Winton: That's the problem with piecemeal. Mr. Warshaw: ...I'll work with the Law Department. We'll come back with something. Commissioner Teele: May I ask a basic question? How much money, in raw dollars, rough dollars, annually, have we been collecting for this service? Mr. Jackson: OK. Excavation permits, up to this point, is a hundred and twelve thousand --the revenues is a hundred and twelve thousand dollars ($112,000), and last year the amount was around three hundred and thirty thousand. Commissioner Teele: And on the per foot basis? Vice Chairman Gort: Question. Mr. Jackson: Pardon? Commissioner Teele: On a per foot basis? Mr. Jackson: No, no, no. That's the total... Mr. Warshaw: That's the two fifty, plus the per foot. Mr. Jackson: Total fees -- permit fees collected. But that -- now, that also includes all type excavations, not only communication companies. It's the Water Department, the FP&L, (Florida Power & Light), you know, everybody. Commissioner Teele: Well, it's very clear. What we need to do is develop a cost matrix of what its going to cost to inspect, et cetera, et cetera, and adjust to the extent the state law will allow us. To the extent the law will allow us, the cost of providing that service. And this should be a real fee, not a tax. Vice Chairman Gort: In the meantime, what I'd like for staff to look at is how much additional revenue has come in that was not budgeted for. Because I don't think you had this in your budget or in your projections. How much is that fund you can use to subcontract. You don't have to hire. We have a policy where we have... 208 February 10, 2000 • Mr. Warshaw: We have... Vice Chairman Gort: We have to subcontract individuals that can do the inspections. So, that doesn't mean anyone that we have to hire. We can subcontract to make sure that it gets done because... Mr. Warshaw: And we've got the money to do that. Vice Chairman Gort: The amount of complaints that we get and the City or downtown and the whole neighborhoods, they look like hell. Thank you. Mr. Jackson: Commissioner Gort, I have asked for a proposal from one of our engineering consultants to provide an inspector and also a plan. Vice Chairman Gort: Let's do that. Let's make sure they comply. Because I'm sure we have criteria and guidelines that they have to comply with, where they're not complying with, OK? Do I have a motion to adjourn? Note for the Record: Mr. Orlando Sanchez, a resident of Ocala, Florida, was recognized by the Commission. Vice Chairman Gort: Wait a minute. I forgot to -- we have a distinguished guest with us today, Orlando Sanchez, who's visiting us from Ocala. Thank you for being here. 209 February 10, 2000 0 . 0 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE MEETING WAS ADJOURNED AT 7:32 P.M. ATTEST: Walter Foeman CITY CLERK Maria J. Argudin ASSISTANT CITY CLERK JOE CAROLLO MAYOR (SEAL) 210 February 10, 2000