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CC 1999-02-23 Minutes
e 0 CITY OF MIAMI COMMISSION MINUTES OF MEETING HELD ON FEBRUARY 23, 1999 (Planning and Zoning Meeting) PREPARED BY THE OFFICE OF THE CITY CLERK/CITY HALL Walter J. Foeman/City Clerk WO-11 I MINUTES OF PLANNING AND ZONING MEETING February 23,1999 ITEM NO. SUBJECT LEGISLATION 1: CHAIRMAN PLUMMER SETS ORDER OF DAY - SEE 2/23/99 LABELS 5, 32 AND 59B. DISCUSSION 1-2 2. PROCLAMATIONS - JUDGE EUGENE FIERRO DAY, 2/23/99 FOUNDER OF PRO BONO LEGAL PROGRAM, "PUT DISCUSSION SOMETHING BACK." 2 3. THANKING POLICE FOR ASSISTANCE TO BOY SCOUT_ S 2/23/99 IN VIRGINIA KEY TRIP OF ST. PETER AND ST. PAUL. DISCUSSION 3-4 4. WORKSHOP / PRESENTATION: 2123/99 DISCUSSION CONCERNING DISTRICT FRANCHISING DISCUSSION FOR COMMERCIAL WASTE HAULING. 3-38 DIRECT ADMINISTRATION TO ADDRESS TIPPING FEES - OVERFLOWING DUMPSTERS AND CONTAINERS - CONSUMERS' COST FOR SERVICES UNDER PROPOSED FRANCHISE AGREEMENT. DIRECT ADMINISTRATION TO PROVIDE PUBLIC NOTICE FOR WORKSHOP SCHEDULED FOR MARCH 30, 1999, AT 10 AM TO ADDRESS DISTRICT FRANCHISING FOR COMMERCIAL WASTE HAULING. 66 i. 5. (A) DISCUSS COMMUNITY REDEVELOPMENT AGENCY 2/23/99 INTERLOCAL COOPERATION AGREEMENT FOR OMNI DISCUSSION REDEVELOPMENT AREA. 38-49 (B) SCHEDULE NEXT COMMUNITY REDEVELOPMENT AGENCY MEETING FOR MARCH 8, 1999, AT OMNI DOUBLETREE GRAND HOTEL BEGINNING AT 4 PM. (LATER CHANGED TO 5' PM) - SEE LABELS 1, 32 AND 59B. 6. CONSENT AGENDA 2/23/99 DISCUSSION 49-50 6.1 AUTHORIZE THE FUNDING OF CRIME STOPPERS OF 2/23/99 MIAMI-DADE COUNTY, INC., IN THE AMOUNT OF R 99-128 $10.000; ALLOCATE FUNDS THEREFOR FROM THE 51 LAW ENFORCEMENT TRUST FUND, PROJECTS NOS. 690001, 690002 AND 690003. 6.2 APPROVE THE PROCUREMENT OF PROTECTIVE 2/23/99 EQUIPMENT FROM METRO USA, UNDER STATE OF R 99-129 FLORIDA CONTRACT NO. 680-000-99-1, ON AN AS 51 NEEDED, WHEN -NEEDED CONTRACT BASIS UNTIL JULY 19, 1999, FOR THE DEPARTMENT OF POLICE IN AN AMOUNT NOT TO EXCEED $56,000; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 00 1000.290201.6.075. 6.3 APPROVE FURNISHING AND INSTALLATION OF 2/23/99 SHELVING FROM ADAPTO STORAGE PRODUCTS - R 99-130 FOR THE DEPARTMENT OF POLICE - AT TOTAL COST 52 NOT TO EXCEED $24,265.13 - ALLOCATE FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM, ACCOUNT CODE NO. 312015.299401.6.840. 6.4 ENDORSE CODESIGNATION, BY MIAMI-DADE 2/23/99 COUNTY, OF N.E. 2 AVENUE, FROM N.E. 54 STREET TO R 99-131 N.E. 79, STREET, MIAMI, FLORIDA, AS "FELIX 52 MORISSEAU-LEROY AVENUE." 6.5 AUTHORIZE CITY MANAGER TO ALLOCATE AN 2/23/99 AMOUNT NOT TO EXCEED $30,000 TO THE R 99-132 INTERNATIONAL TRADE BOARD ("ITB") - FOR 52 CREATION OF INTERNET WEBSITE TO MARKET THE CITY OF MIAMI AS AN INTERNATIONAL LOCATION FOR BUSINESS AND INDUSTRY - ALLOCATE FUNDS THEREFOR FROM THE BLUE RIBBON PANEL INITIATIVES FUND.FOR BUSINESS AND INDUSTRY. 7. RATIFY, APPROVE AND CONFIRM CITY MANAGER'S 2/23/99 FINDING OF SOLE SOURCE — WAIVE THE R 99-133 REQUIREMENTS FOR COMPETITIVE SEALED BIDDING 53 PROCEDURES — APPROVE PURCHASE OF EIGHT (8) CAIRNS -IRIS HELMET MOUNTED THERMAL IMAGING SYSTEMS FROM CAIRNS & BROTHER, INC., CAIRNS - IRIS DIVISION — SEE LABEL 11. 8. ELECT TO USE UNIFORM METHOD OF COLLECTING 2/23/99 NON -AD VALOREM SPECIAL ASSESSMENTS FOR THE R 99-134 COST OF SOLID WASTE SERVICES AND FACILITIES 54-55 LEVIED IN THE INCORPORATED AREA OF THE CITY OF MIAMI, FLORIDA — SEE LABEL 27. 9. PERSONAL APPEARANCE: LUCIA A. DOUGHERTY, 2/23/99 FROM GREENBERG AND TRAURIG — CONSENT TO R 99-135 PURCHASE OF SOUTHWEST TRANSPORT, INC. D/b/a A 55-56 SOUTHLAND TOWING COMPANY "SOUTHLAND") STOCK BY ROADONE, A DIVISION OF MILLER INDUSTRIES, A NEW YORK STOCK EXCHANGE COMPANY WITH CONDITIONS. 10. PERSONAL APPEARANCE: ANTHONY HAMILTON — TO 2/23/99 ADDRESS COMMISSION CONCERNING SPECIAL DISCUSSION OLYMPICS FUNDRAISING EVENT. 56-58 11. FORMALIZE MOTION 99-133 RATIFYING SOLE SOURCE 2/23/99 FINDING FOR PURCHASE OF EIGHT CAIRNS -IRIS R 99-136 HELMET MOUNTED THERMAL IMAGING SYSTEMS 58-59 FROM CAIRNS & BROTHERS, INC. —FOR FIRE -RESCUE — AT AMOUNT NOT TO EXCEED $190,000 — ALLOCATE FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROGRAM, "FIRE -RESCUE EQUIPMENT," PROJECT NO. 313304, ACCOUNT CODE NO. 289401.840 — SEE LABEL 7. 12. TABLE CONSIDERATION OF PROPOSED EMERGENCY 2/23/99 ORDINANCE RELATING TO VALET PARKING IN DISCUSSION COCONUT GROVE; AMENDING ORDINANCE NO. 11543 59-60 BY EXTENDING TIME AUTHORIZED FOR VALET PARKING IN CERTAIN PUBLIC RIGHTS -OF -WAY IN COCONUT GROVE FOR AN ADDITIONAL SIX (6) MONTHS FROM THE DATE OF THIS ORDINANCE — SEE LABEL 28 13. APPROVE FIRST READING ORDINANCE 2/23/99 ESTABLISHING NEW SPECIAL REVENUE FUND ORDINANCE ENTITLED "SOLID WASTE REDUCTION, RECYCLING 61-62 AND EDUCATION (FY '99)" - APPROPRIATE STATE OF FLORIDA GRANT FUNDS FOR $291,204, FOR THE OPERATION OF SAME. 14. AUTHORIZE DISPLAY OF BANNER ON FORMER SEARS 2/23/99 TOWER, LOCATED ON BISCAYNE BOULEVARD, R 99-137 ANNOUNCING DEVELOPMENT OF THE PERFORMING 62-63 ARTS CENTER DURING THE PRE -CONSTRUCTION PHASE, UNTIL JANUARY 31, 2000. 15. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 2/23/99 9 (AUTHORIZE CITY MANAGER TO EXECUTE LEASE M 99-138 AGREEMENT ("AGREEMENT"), BETWEEN THE CITY 63-67 OF MIAMI AND 8325 N.E. 2"D AVENUE, CORP - FOR LEASE OF APPROXIMATELY 28,019 SQUARE FEET OF OFFICE, CLASSROOM, AND -WORKSHOP SPACE AT 8325 N.E. 2"D AVENUE - FOR OFFICE OF WORKFORCE DEVELOPMENT) - FURTHER DIRECTING ADMINISTRATION TO REVIEW PROPOSED LEASE AGREEMENT AND TO PROVIDE CITY COMMISSION WITH RECOMMENDATION FOR AUTHORIZED USE OF SAID FACILITY. 16. APPROVE ASSIGNMENTS, OF INTERESTS OF MIAMI 2/23/99 TOWER ASSOCIATES LIMITED PARTNERSHIP AND R 99-139 MIAMI RETAIL ASSOCIATES LIMITED PARTNERSHIP - 68-69 UNDER AIR RIGHTS AND RETAIL LEASES BETWEEN SAID ENTITIES PERTAINING TO THE PROPERTY KNOWN AS THE NATIONSBANK TOWER, LOCATED AT 100 S.E. 2"D STREET, MIAMI, FLORIDA. 17. AUTHORIZE CITY MANAGER TO ISSUE REQUEST FOR 2/23/99 PROPOSALS (RFP - FOR PROCUREMENT OF PROPERTY R 99-140 MANAGEMENT & MAINTENANCE SERVICES - FOR 70 DEPARTMENT OF COMMUNITY DEVELOPMENT FOR SINGLE FAMILY AND APARTMENT RESIDENTIAL PROPERTIES RECAPTURED BY CITY THROUGH CITY INITIATED FORECLOSURE PROCEEDINGS. 18. APPROVE $198,839.00 IN REHABILITATION 2/23/99 ASSISTANCE FUNDING TO ECONOMIC OPPORTUNITY R 99-141 FAMILY HEALTH CENTER, INC. - FOR COMPLETION 71-72 OF TWENTY-FOUR UNIT HOUSING PROJECT TARGETED FOR LOW INCOME PERSONS LIVING WITH HIV/AIDS, LOCATED AT 7104, 7126, 7160, 7186 N.W. 14.. PLACE, MIAMI, FLORIDA - ALLOCATED FUNDS FROM THE FY 1998 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM GRANT, ACCOUNT 194006.590606.6860.94654. 19. ACCEPT BID OF GUS MACHADO FORD - FOR 2/23/99 PROCUREMENT OF ONE HUNDRED THIRTY-FIVE (135) R99-142 1999 FORD TAURUS LX SEDAN VEHICLES - FOR 72-73 POLICE ADMINISTRATIVE AND INVESTIGATIVE (NON- PURSUIT)USES, UNDER EXISTING CITY BID NO.997-98- 179 - FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION - AT TOTAL COST NOT TO EXCEED $2,187,135 - ALLOCATE FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROGRAM, "REPLACEMENT OF CITY-WIDE FLEET," PROJECT NO.311850. 20. AUTHORIZE CITY MANAGER TO ENTER INTO 2/23/99 MUTUAL AID AGREEMENT - WITH CITY OF SUNNY R 99-143 ISLES BEACH, FLORIDA, ON BEHALF OF THE CITY OF 74 MIAMI POLICE DEPARTMENT - PURSUANT TO SECTION 23.1225 (3), FLORIDA STATUTES (1996). 21. DESIGNATE CERTAIN PUBLIC WORKS PROJECTS TO 2/23/99 BE UNDERTAKEN IN 1999, 2000, AND 2001, WHICH R 99-144 REQUIRE PROFESSIONAL SURVEYING AND MAPPING 75-76. SERVICES, AS CATEGORY B PROJECTS - APPOINT CERTIFICATION COMMITTEE OF NO LESS THAN THREE MEMBERS TO ASSESS. THE TECHNICAL QUALIFICATIONS OF RESPONDENTS TO A REQUEST FOR QUALIFICATIONS (RFQ) FOR THE ABOVE PROJECTS - AUTHORIZE CITY MANAGER TO APPOINT A SIX MEMBER COMPETITIVE SELECTION COMMITTEE. 22. DESIGNATE CERTAIN PUBLIC WORKS PROJECTS TO 2/23/99 BE UNDERTAKEN IN 1999, 2000 AND 2001, WHICH R 99-145 REQUIRE PROFESSIONAL ARCHITECTURAL AND 76-77 ARCHITECTURAL LANDSCAPING SERVICES, AS CATEGORY B PROJECTS - APPOINT CERTIFICATION COMMITTEE OF NO LESS THAN THREE MEMBERS TO ASSESS THE TECHNICAL QUALIFICATIONS OF RESPONDENTS TO A REQUEST FOR QUALIFICATIONS (RFQ) FOR THE ABOVE PROJECTS - AUTHORIZE CITY MANAGER TO APPOINT A SIX MEMBER COMPETITIVE SELECTION COMMITTEE. 23. DESIGNATE CERTAIN PUBLIC WORKS PROJECTS TO 2/23/99 BE UNDERTAKEN IN 1999, 2000, AND 2001 WHICH R 99-146 REQUIRE THE SERVICES OF PROFESSIONAL 78 ENGINEERS, AS CATEGORY B PROJECTS - APPOINT CERTIFICATION COMMITTEE OF NO LESS THAN THREE MEMBERS TO- ASSESS THE TECHNICAL QUALIFICATIONS OF RESPONDENTS TO A REQUEST FOR QUALIFICATIONS (RFQ) FOR THE ABOVE PROJECTS - AUTHORIZE CITY MANAGER TO APPOINT A SIX MEMBER COMPETITIVE SELECTION COMMITTEE. 24. AUTHORIZE EXTENSION OF TERM OF PROFESSIONAL 2/23/99 SERVICES AGREEMENT BETWEEN THE CITY OF R 99-147 MIAMI AND WOLFBERG/ALVAREZ & PARTNERS, INC. 79-80 - FOR ADDITIONAL TWO YEAR PERIOD - TO ALLOW SAID FIRM TO COMPLETE DESIGN OF NEW RECREATIONAL BUILDING AT JOSE MARTI PARK. 25. DISCUSS FUTURE OF TOWER THEATER. 2/23/99 DISCUSSION 80-82 26. DISCUSS / TABLE TO LATER IN SESSION GUSMAN 2/23/99 DONATION FROM LAW ENFORCEMENT TRUST FUND DISCUSSION WHICH ORIGINALLY WENT TO MIAMI FILM FESTIVAL 82 -- CHAIRMAN PLUMMER COMMENDS OFFICER WILLIE LOPEZ AND LUIS CARRASQUILLO FOR CLEAN-UP EFFORTS IN WYNWOOD AND IN MARGARET PACE PARK - SEE LABEL 29. 27. DIRECT CITY MANAGER TO ADVERTISE THROUGH 2/23/99 NET 9 CABLE TELEVISION THAT PROPERTY OWNERS DISCUSSION MAY REQUEST FROM MIAMI-DADE COUNTY TO PAY 82-85 THEIR COUNTY TAXES ON QUARTERLY BASIS. 28. APPROVE EMERGENCY ORDINANCE RELATED TO 2/23/99 VALET PARKING ' IN COCONUT GROVE - AMEND ORDINANCE 11760 ORDINANCE 11543 - EXTEND TIME AUTHORIZED FOR 85-87 VALET PARKING IN PUBLIC RIGHTS -OF WAY IN COCONUT GROVE FOR ADDITIONAL SIX MONTHS - DIRECT CITY ATTORNEY TO RESEARCH WAY TO PROVIDE PARKING FOR RESIDENTS IN PUBLIC HOUSING. 29. CONTINUE DISCUSSION IN CONNECTION WITH 2/23/99 $500,000.00 LAW ENFORCEMENT TRUST FUND DISCUSSION DONATION FOR GUSMAN HALL - DIRECT 87-88 ADMINISTRATION TO SCHEDULE DISCUSSION ITEM IN FUTURE COMMISSION AGENDA IN CONNECTION WITH DISTRIBUTIONS FROM LAW ENFORCEMENT TRUST FUND - SEE LABEL 26. 30. (A) DISCUSS COMMISSIONER REGALADO'S PROPOSAL 2/23/99 RELATED TO NET 9 PROGRAMMING, OPERATIONS, M 99-148 AND FUTURE - ACCEPT IN PRINCIPLE SAID 89-93 PROPOSAL. (B) DIRECT CITY ATTORNEY TO RESEARCH FUNDS EARMARKED BY TCI FOR NET 9 PROGRAMMING. (C) DIRECT ADMINISTRATION TO AIR PHOTOGRAPHS OF THOSE INCARCERATED FOR DRUGS AND PROSTITUTION ON NET 9. 31. DISCUSS PROGRAM IMPLEMENTED BY EAST LITTLE 2/21/99 HAVANA NET OFFICE BETTER KNOWN AS "HELL 94 DICUSSION RAISERS." - DIRECT CITY MANAGER TO CONTINUE SAID PROGRAM. 32. CONTINUE DISCUSSION IN CONNECTION WITH 2/23/99 COMMUNITY REDEVELOPMENT AGENCY DISCUSSION INTERLOCAL COOPERATION AGREEMENT FOR THE 95 OMNI REDEVELOPMENT AREA - COMMENTS REGARDING NOVEMBER, 1998 CHECK FROM MIAMI- DADE COUNTY TO CITY AND CRA WHICH WAS RETURNED - SEE LABELS 5 AND 1. 33. DISCUSS STATUS OF EMPOWERMENT ZONE - DIRECT 2/23/99 ADMINISTRATION TO PROVIDE WEEKLY WRITTEN DISCUSSION REPORTS IN ADVANCE TO CITY COMMISSIONERS. 95-99 B 34. :r;i ,_rti_.y; (A) DISCUSS REPAIR OF ROOF "'At' CENTER FOR 2/23/99 HAITIAN STUDIES - DIRECT CITY MANAGER TO M 99-149 REPAIR ROOF AND TO FUND SAID REPAIRS FROM 99-101 REPROGRAMMED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, 24 YEAR ALLOCATION - FURTHER - STIPULATE TO REPLACE SAID EXPENDITURE WITH MONIES RECEIVED FROM GAS TAX SETTLEMENT CHECK FROM STATE OF FLORIDA (B) COMMENTS REGARDING PROPOSED POLICY THAT CAPITAL FUNDS AVAILABLE - FROM COMMUNITY DEVELOPMENT GO TO CITY PROJECTS. (C) .DIRECT ADMINISTRATION TO SCHEDULE PUBLIC HEARING FOR NEXT COMMISSION MEETING TO DISCUSS REPROGRAMMED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, AS STATED IN M-99-149 ABOVE. 35. DISCUSS / DIRECT CITY ATTORNEY TO NEGOTIATE 2/23/99 WITH MIAMI-DADE COUNTY ATTORNEY REGARDING R 99-150 101-110 EMINENT DOMAIN PROCEEDINGS IN CONNECTION WITH MIAMI CIRCLE, LOCATED AT 401 BRICKELL AVENUE (BRICKELL POINT) - FOR PURPOSES OF AVOIDING POTENTIAL LITIGATION WITH .MIAMI- DADE COUNTY .- ENGAGE TEW CARDENAS LAW FIRM REGARDING LAWSUIT FILED BY MIAMI-DADE. COUNTY. 36. APPROVE CONSIDERATION OF.A MAJOR USE SPECIAL 2/23/99 PERMIT FOR THE SILVER BLUFF HARBOUR R 99-151 CONDOMINIUM RESIDENCES OF COCONUT GROVE 110-111 PROJECT - TO ALLOW DEVELOPMENT OF AN 11 UNIT LUXURY RESIDENTIAL CONDOMINIUM COMMUNITY LOCATED AT APPROXIMATELY 1660 SOUTH BAYSHORE COURT - APPLICANT JAMES E. KUTTEROFF. 37. GRANT APPEAL OF HISTORIC AND ENVIRONMENTAL 2/23/99 PRESERVATION BOARD DECISION WHICH APPROVED R 99-152 A CERTIFICATE OF APPROVAL WITH CONDITIONS - 112-115 FOR CONSTRUCTION OF NEW SINGLE FAMILY RESIDENCE, INVOLVING TREE REMOVAL, WITHIN ENVIRONMENTAL PRESERVATION DISTRICT. 38. APPROVE CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF PUBLIC RIGHT-OF-WAY, BEING THE PORTION OF N.E. 13TH TERRACE BETWEEN BISCAYNE BOULEVARD AND NORTH BAYSHORE DRIVE AND THE TWO CORNER CLIPS LOCATED AT THE N.E. AND N.W. TWO CORNER CLIPS LOCATED AT THE N.E. AND N.W. CORNERS OF BISCAYNE BOULEARD AND N.E. 13TH STREET AND WALDEN COURT BETWEEN N.E. 13TH TERRACE AND N.E. 13Tr' STREET — APPLICANT(S): MIAMI-DADE COUNTY, DAGREN INC. & KNIGHT RIDER, INC. 39. APPROVE CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF THE 50 FOOT RIGHT-OF-WAY OF S.W. 2''1D COURT THAT LIES WESTERLY OF THE WESTERLY RIGHT-OF- WAY LINE OF I-95 — APPLICANT(S): CONSTANTINO ARGIMON, SECRETARY FOR CORAL - RITZ PROPERTIES, INC. 40. APPROVING CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC' USE THAT PORTION OF S.W. 1ST COURT AND S.W. 14TH STREET AND EASEMENT BOUNDED TO THE SOUTH BY S.W. 15' ROAD TO THE NORTH AND TO THE WEST BY METRORAIL RIGHT-OF-WAY AND TO THE EAST BY THE PLAT OF BRICKELL WEST — APPLICANT(s): MERCORAL PROPERTIES, HARVEY TAYLOR AND MIAMI-DADE COUNTY - INCLUDE COMPANION IN NEXT REGULAR AGENDA 'PROVIDED ALL DOCUMENTATION. 2/23/99 R 99-153 115-116 2/23/99 R 99-154 116-117 2/23/99 R 99-155 118-119 4 M-�,�.,-� .,•i. 1 •..'fit' 41. APPROVE SPECIAL ' EXCEPTION ' 'COMMISISON 'AS LISTED IN ORDINANCE NO.I 1000, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS. CONDITIONAL PRINICIPLE USES - TO PERMIT A HEALTH CLINIC IN THE R-3 ZONING DISTRICT - LOCATION: APPROXIMATELY 1355 S.W. 37T" AVENUE - APPLICANT (S): HECTOR E. HERNANDEZ. 42. APPROVE AS MODIFIED SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, ARTICLE 9, SECTION 934.3, CERTIFICATE OF USE NOT TRANSFERABLE; NEW OWNERSHIP BY SPECIAL EXCEPTION WITH CITY COMMISSION APPROVAL - TO ALLOW CHANGE OF OWNERSHIP FOR EXISTING COMMUNITY BASED RESIDENTIAL FACILITY - LOCATION: APPROXIMATELY 189 N.E. 26T" STREET - APPLICANT(S): JOHN E. LEMIEUX, PRESIDENT, SHELTER ONE, INC., NON-PROFIT CORP. - DIRECT CITY MANAGER TO DRAFT LEGISLATION FOR MORATORIUM ON LAND USE FOR ADULT HEALTH FACILITIES/HOMELESS SHELTERS/HALF-WAY HOUSES. 2/23/99 R 99-156 120-12( 2/23/99 R 99-157 122-130 43. COMMENTS IN CONNECTION WITH NEED TO 2/23/99 REGULATE "LA TIMBA" ESTABLISHMENT LOCATED DISCUSSION ON 29 STREET AND BISCAYNE BOULEVARD. 130-132 44. APPROVE SECOND READING ORDINANCE: CONSIDERATION OF AMENDING ORDINANCE NO. 10544, COMPREHENSIVE NEIGHBORHOOD PLAN - BY AMENDING FUTURE LAND USE MAP - BY CHANGING LAND USE DESIGNATION - FOR PROPERTY LOCATED AT APPROXIMATELY 600 N.W. 17T" AVENUE (A.K.A. 601 N.W. 17T" AVENUE) FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL" - APPLICANT(S): ELADIO GODOY. 45. APPROVE SECOND READING ORDINANCE: CHANGE OF ZONING AS LISTED IN ORDINANCE NO. 11000, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS - AMEND ZONING ATLAS - CHANGE ZONING DESIGNATION - FOR PROPERTY LOCATED AT APPROXIMATELY 600 N.W. 17T" AVENUE (A.K.A. 601 N.W. 17T" AVENUE) FROM R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL - APPLICANT(S): ELADIO GODOY. 2/23/99 ORDINANCE 11761 132-133 2/23/99 ORDINANCE 11762 134 46. APPROVE -FIRST READING ORDINANCE: CONSIDERATION OF AMENDING ORDINANCE NO. 10544 - COMPREHENSIVE NEIGHBORHOOD PLAN - AMEND FUTURE LAND USE MAP - CHANGE LAND USE DESIGNATION - FOR PROPERTIES LOCATED AT APPROXIMATELY 3600 N.W. 11 STREET & 1021 N.W. 37.. AVENUE FROM: MEDIUM DENSITY RESIDENTIAL TO "RESTRICTED COMMERCIAL" - APPLICANT(S): TOMAS & CARIDAD GONZALEZ. 47. APPROVE FIRST READING ORDINANCE: CHANGE OF ZONING AS LISTED IN - ORDINANCE NO. 11000, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS - AMEND ZONING ATLAS BY CHANGING ZONING DESIGNATION FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3680 N.W. 1 I STREET & 1021 N.W. 37 TH AVENUE FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO C- I RESTRICTED COMMERCIAL - APPLICANT(S): TOMAS & CARIDAD GONZALEZ. 48. APPROVE SECOND READING ORDINANCE: CONSIDERATION OF AMENDING ORDINANCE NO. 10544, MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN - AMEND FUTURE LAND USE MAP - CHANGE LAND USE DESIGNATION FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1401 AND ' 1441 NORTH MIAMI AVENUE FROM "RECREATION" AND "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES: TO GENERAL COMMERCIAL" - APPLICANT(S): CITY OF MIAMI, DEPARTMENT OF PLANNING. 2/23/99 ORDINANCE 135-137 2/23/09 ORDINANCE 137-138 2/23/99 ORDINANCE 11763 138-144 49. (A) APPROVE SECOND READING ORDINANCE: CHANGE OF ZONING AS LISTED IN ORDINANCE NO. 11000, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS — AMEND ZONING ATLAS — CHANGE ZONING DESIGNATION FOR PROPERTIES LOCATED AT APPROXIMATELY 1401 AND 1441 NORTH MIAMI AVENUE FROM PARKS AND RECREATION AND Ga GOVERNMENT AND INSTITUTIONAL TO C-2 LIBERAL COMMERCIAL — APPLICANT: CITY OF MIAMI PLANNING DEPARTMENT. (B) COMMENTS IN CONNECTION WITH CITY'.S NEED TO FIND REPLACEMENT WHEN DEMAPPING PARK LAND - INSTRUCT CITY MANAGER TO BRING REQUEST FOR PROPOSALS PRIOR TO ISSUING SAME (TO SELL PARK LAND) BEFORE CITY COMMISSION - FOR CITY COMMISSION TO BE ABLE TO PLACE ANY RESTRICTIONS/STIPULATIONS 50. APPROVE AMENDMENT TO RESOLUTION 98-1153, IN ORDER TO SUBSTITUTE EXHIBITS B-1 AND B-2 FOR EXHIBIT "B" OF SAID RESOLUTION TO ACCURATELY REFLECT CUMULATIVE EFFECT OF LAST TWO AMENDMENTS TO DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT (DRI) MASTER AND INCREMENT I DEVELOPMENT ORDERS (RESOLUTION 87-1148 and 87-1149 ADOPTED DECEMBER 10, 1987; AS AMENDED BY RESOLUTION 91-698 ADOPTED SEPTEMBER 26, 1991, RESOLUTIONS 94-849 AND 94-850 ADOPTED NOVEMBER 17, 1994, RESOLUTION 98-219 ADOPTED FEBRUARY 24, 1998, RESOLUTION 98-787 ADOPTED JULY 21, 1998 AND RESOLUTION 98-1153 ADOPTED NOVEMBER 17, 1998 - FOR AREA OF THE CITY OF MIAMI UNDER JURISDICTION OF DOWNTOWN DEVELOPMENT AUTHORITY. - APPLICANT: CITY OF MIAMI PLANNING DEPARTMENT. 51. APPROVE SECOND READING ORDINANCE: CONSIDERATION OF AMENDING ARTICLE 4, SECTION 401 OF ORDINANCE 11000 — TO ALLOW SALES OF FRESH FLOWERS FROM MOBILE VENDING CARTS WITHIN DESIGNATED OPEN AREAS BY CLASS II SPECIAL PERMIT. - APPLICANT: CITY OF MIAMI PLANNING DEPARTMENT. 2123/99 ORDINANCE 11764 M 99-158 145-149 2/23/99 R 99-159 149-151 2/23/99 ORDINANCE 11765 151-152 52. APPROVE SECOND READING ORDINANCE: AMEND 2/23/99 SECTION 62-93 (D) CODE AS AMENDED, ENTITLED ORDINANCE 11766 "QUORUM: PUBLIC RECORDS" -- CONCERNING THE 153-154 CITY ZONING BOARD TO REMOVE THE "SHORTBOARD" LANGUAGE CONTAINED THEREIN WHICH IS NOW SUPERFLUOUS DUE TO PROVISIONS OF SECTION 2-887 OF. CODE - AMEND QUORUM REQUIREMENTS TO BE CONSISTENT WITH PROVISIONS THEREOF. - APPLICANT: CITY OF MIAMI PLANNING DEPARTMENT. 53. APPROVE SECOND READING ORDINANCE: AMEND 2/23/99 ARTICLE 6, SECTION 609 OF ORDINANCE 11000 - TO ORDINANCE 11767 PERMIT OUTDOOR PHOTOGRAPHY AS CONDITIONAL 154-155 ACCESSORY USE IN SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT - APPLICANT: CITY -OF MIAMI PLANNING DEPARTMENT. 54. APPOINT STEVE KNEAPLER TO CHARTER REVIEW 2/23/99 AND REFORM COMMITTEE. R 99-160 155-156 55. APPOINT LYRA LOGAN AS TECHNICAL ADVISOR TO 2/23/99 CHARTER REVIEW AND REFORM COMMITTEE. R 99-161 156-157 56. WAIVE QUALIFIED ELECTOR REQUIREMENT FOR 2/23/99 STEPHEN KNEAPLER AS MEMBER OF CHARTER R 99-162 REVIEW AND REFORM COMMITTEE. 157-158 57. APPROVE DECLARING THAT CUBAN MUNICIPALITIES 2/23/99 FAIR SCHEDULED FOR APRIL 8-11, 1999, AT FLAGLER R 99-163 DOG TRACK, IS NOT ONE OF TWO ALLOWED EVENTS 158-159 PER SITE PER YEAR FOR ACTIVITIES OF THIS TYPE. 58. APPOINT SANDRA FRANKEL TO COMMUNITY 2/23/99 RELATIONS BOARD. M 99-164 160 59. (A) COMMENTS REGARDING VICE CHAIRMAN GORT'S 2/23/99 SCHEDULING CONFLICT IN CONNECTION WITH APRIL DISCUSSION 13, 1999 CITY COMMISSION MEETING. 161 (B) COMMISSIONER TEELE CHANGES TIME OF MARCH 8, 1999 COMMUNITY REDEVELOPMENT AGENCY MEETING FROM 4:00 P.M. TO 5:00 P.M. MINUTES OF PLANNING AND ZONING MEETING OF THE CITY COMMISSION OF MIAMI, FLORIDA On the 23`d day of February, 1999, 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 9:55 a.m., by Chairman/Commissioner J. L. Plummer. Jr.. with the following members of the Commission found to be present: Vice Chairman Wifredo Gort (District 1) Chairman J. L. Plummer, Jr. (District 2) Commissioner Joe Sanchez (District 3) Commissioner Tomas Regalado (District 4) ABSENT: Commissioner Arthur E. Teele, Jr. (District 5) ALSO PRESENT: Donald H. Warshaw, City Manager Alejaridio Vilarello; City Attorney Walter J. Foeman, City Clerk Maria J. Argudin, Assistant City Clerk 1. CHAIRMAN PLUMMER SETS ORDER OF DAY - SEE LABELS 5,32 AND 59B. [Prior to meeting officially convening:] Chairman Plummer: ... and, we'll then go into the rest of the morning for the trash haulers workshop, everything else will be in the afternoon. Mr. Manager, are there any items to be pulled off of the agenda? Mr. Donald Warshaw (City Manager): No. Chairman Plummer: There are none. Mr. Warshaw: None. Chairman Plummer: OK. Mr. Clerk, are there any vetoes by the Mayor? Mr. Walter J. Foeman (City Clerk): No. February 23, 1999 Chairman Plummer:. Boy, we are hitting one hundred percent. All right, you all can go have a cup of coffee, do whatever you want. We will be back here at five minutes to ten. [At 9:55, the meeting was called to order:] Chairman Plummer: Oye, bandido. We will be taking up two ceremonial items which are very brief. The rest of the morning will be dedicated to the workshop of the trash haulers with one exception. and that is the Omni item will be taken up just before we break for lunch. Everything else will be after two o'clock this afternoon. So, if you have an item that will be the case. At five minutes to ten we will do the two ceremonial items. Ms. Dena Bianchino (Asst. City Manager): What time are you starting again, three or two? Chairman Plummer: We will probably start at two. Ms. Bianchino: Two? Chairman Plummer: Yeah, in the afternoon. Joe, you have to leave what, at eleven? Commissioner Sanchez: Yes. Chairman Plummer: You and the Mayor, I think... Commissioner Sanchez: ... dedications. Chairman Plummer: Yeah. . Mayor Carollo: If I could ask all of you to please stand up so that we can begin with a prayer this morning. Marie, can you lead us in prayer this morning, please? [An invocation was delivered by Georgia Ayers, and Chairman Plummer then led those present in a pledge of allegiance to the flag.] 2. PROCLAMATIONS - JUDGE EUGENE FIERRO DAY, FOUNDER OF PRO BONO LEGAL PROGRAM, "PUT SOMETHING BACK." Tuesday, February 23, 1999 proclaimed as Judge Eugene Fierro day in honor of Judge Fierro's pro bono legal program "Put Something Back." [Note for the Record: Commissioner Teele entered the Commission Chambers at 10:01 a.m.] 3. THANKING POLICE FOR ASSISTANCE TO BOY SCOUTS IN VIRGINIA KEY TRIP OF ST. PETER AND ST. PAUL. Chairman Plummer: All right, ladies and gentlemen, again let me announce that, basically, this morning's agenda is going to be nothing more than the workshop of the sanitation haulers, the commercial haulers. With one exception, and that will be a little before twelve, before we break, we will in fact hear the Omni thing because someone has to catch a plan. Can I first ask how many different 2 February 23, 1999 haulers, individuals there are, would you raise your hand. Just one per company. One, two, three, four, five, six, seven, eight. OK. Commissioner Sanchez: Mr. Chairman. Chairman Plummer: Mr. Sanchez. Commissioner Sanchez: Before we go into that I would just like a moment to really thank the Miami Police Department, Chief O'Brien, the Manager for assisting the Boy Scouts of Miami. The), wanted to go camping at Virginia Key and apparently they did not have the funds that was requested by the Parks Department at which time I contacted the Manager and Chief O'Brien and they have issued the check for three hundred dollars ($300) to help the Boy Scouts, and that is truly what government is all about and 1, personally, want to thank them, and also the Boy Scouts of St. Peter and St. Paul. I forgot their number, but they thank the City Commission. Thank you. Chairman Plummer: So be it. 4. WORKSHOP / PRESENTATION: DISCUSSION CONCERNING DISTRICT FRANCHISING FOR COMMERCIAL WASTE HAULING. DIRECT ADMINISTRATION TO ADDRESS TIPPING FEES - OVERFLOWING DUMPSTERS AND CONTAINERS - CONSUMERS' COST FOR SERVICES UNDER PROPOSED FRANCHISE AGREEMENT. DIRECT ADMINISTRATION TO PROVIDE PUBLIC NOTICE FOR WORKSHOP SCHEDULED FOR MARCH 30, 1999, AT 10 AM TO ADDRESS DISTRICT FRANCHISING FOR COMMERCIAL WASTE HAULING. Chairman Plummer: I would ask now, please, that one of the representatives of each of the commercial companies come up to the Clerk, register your name and the company that you represent. What I am looking at right now is that we are going to give the Manager first his due to make a... proceed and his recommendations. After that, I am going to allow each of the commercial haulers fifteen minutes to make any kind of presentation that you would like to make and then, a few minutes after that should the City Commission have any questions to be asked. We have eight haulers as we understand. For also the information of the record, there are no vetoes by the Mayor, and also for the record everything else will start after two p.m., this afternoon. Mr. Manager, it's all yours. Mr. Donald H. Warshaw (City Manager): Thank you, Mr. Chairman. Commissioners, this past November at the request of the City Commission the administration began a series of meetings and work study groups with the haulers, the industries. These were sessions that took place at the Miami Riverside Center. You should have a copy in front of you of a summary of, not only our recommendation, but what transpired during those meetings given the history of how the City has been doing business and I would like to ask Assistant City Manager, Raul Martinez to make a presentation to you, give you the opportunity to answer questions. You can probably follow along with the package that we delivered to you yesterday. Chairman Plummer: Mr. Martinez, you are on. Mr. Raul Martinez (Asst. City Manager): Yes, sir. Thank you, Commissioners. I'll briefly go through the package that was delivered to your office yesterday, if some of you don't have it I can get you an additional copy, and for some of the industries if they want copies we have additional copies up here of February 23, 1999 the package. As the Manager stated, back in November he put together a working group, and I would like to identify the members of that working group for the record. Mr. George Wysong from the Law Department; Ms. Pam Burns from Purchasing; Mr. Elliott Prenner and Dilip Surana from Internal Audits, Mr. Luie Brennan from Budget; Mr. Clarence Patterson the Director of Solid Waste; Mr. Pete Chircuit of Finance and myself. We may... Chairman Plummer: For the record, no one of outside of City staff, is that correct? Mr. Martinez: That is correct, sir. The only input from outside the City staff, and I'll get to it later, we held an industry workshop where we did receive input from the industry. Chairman Plummer: OK. Mr. Martinez: The committee looked at several things, and I'll like to go briefly through them. Initially, we identified the number, the potential number of commercial accounts, and we did it by NET (Neighborhood Enhancement Teams) service areas, and there are approximately 20,000 accounts with the possibility of 20,000 accounts City-wide. And, the report goes from as low as 373 in... I am sorry, 160 in Southwest Coconut Grove to as high as 4,200 in the area of downtown. Let me give you a little warning because the number of an account does not designate the value of an account. One account may be for a small restaurant and another account may be for a 300-apartment building. So that, just because you have one account, you know, the values are completely different. The number of commercial haulers to have a permit, currently there are twenty permitted haulers in the City of Miami and the last year, for the last fiscal year, the City of Miami received approximately three point five million dollars ($3,500,000) from the haulers, that's in monthly payments, and part of audits. Basically, the industry charges approximately twenty-one million dollars ($21,000,000) out of this twenty... 20,000 accounts throughout the City. The money that the City received was part of our 15/20 percent permit, I mean, the fee that we charge. And, the reason I said 15 percent, in May of last year we went from a 15 percent fee to a 20 percent fee by code. So, we are... We got last year, fiscal year three point five millions dollars ($3,500,000) from the haulers. We addressed the issue that we have spoken about at the Commission several times about pirate accounts. There was a feeling that there was a number of companies that were servicing the City of Miami and they were not paying 20 percent, they were not paying the permit fee, and so on and so forth. After much discussion and from some input from the industry, the issue is not a big issue. The issue is an issue for... roll -offs. And, roll -offs is when, for example, you are going to do some construction in your house and you bring in a bin to haul away the construction debris and it's there for a week or two weeks and so on and so forth, and, that is when those issues to come up. But in reality, between the industry policing unauthorized companies coming to the City and us policing unauthorized companies coming to the City, the problem of pirate companies coming in and not paying their dues is not a huge issue. On November 25'`', the day before Thanksgiving we held an industry workshop where basically we told all the haulers that appeared and most of them were there and their attorneys were there. What the City was looking at, our eyes were wide opened, we wanted to look at every perspective, that we wanted to look at areas that would enhance revenues for the City, quality of life in the neighborhoods, service enhancements and we asked for their input, and we basically asked them to do two things. To tell us in writing whether they liked it or they didn't like it, and whether they liked it or not that if we were going to proceed under a franchise by district arrangement what would be their suggestions. We got all their responses. In fact, all the responses were sent to the Commission back in the month of December. All the responses except one were against the concept, and basically those that were against the concept did not elaborate any further. Well, I am against it, but if you are going to do it, here's what I suggest. They didn't get into that area. The only one that did elaborate into that area was the one company that was in favor of the concept. We looked at the issue that if we decide to franchise what happens with current permits. Mr. George Wysong who was a member of the committee gave us 4 February 23, 1999 the opinion that they do have a permit_ now that allows them to operate until September 301h of 1998. That to mitigate any possibility of liability of loss'`ofsdrvice con... lawsuits, and so on and so forth. He recommended to the committee that if the Commission decided to go ahead and franchise by district that the actual turnover of accounts from Company A to Company B, Company A being the one that has it now, Company B, being the company that now gets the rights to service that district does not occur until the permit expires. That's why the urgency to do it quickly wasn't there when we getting the legal opinion that whether we decided now, we have in reality up to September 301h from 1998 for the actual... I mean, sorry 1999 to do the actual turnover from one company to the other. The issue was brought up too that some of the companies have gone into long-term contracts with, for... as an example, with the condominium they may have a three-year contract with a certain condominium for a certain rate. And, we asked that question from the Law Department, the Law Department opinion is that those contracts are not binding to City since the permit is only a year to year permit. That any contract between the hauler and the condominium or the business that is longer to that one year is really between the hauler and the business, that we have no legal... We are not legally bound to that extended contract if we decide to terminate after one year. They issued price controls and this was the hotly debated issue and one of the big stumbling blocks that we saw during the... our meetings to overcome. No matter what we do, you know, industry just like every business it passes off their cost to the consumer and right now, the opportunity the consumer has under the Free Enterprise System that if you don't like the service that Raul Martinez is giving you as a hauler or if Raul Martinez raises his prices, you can go to the other Company and ask Clarence Patterson Company to go ahead and give you service because they can shop around for the better servers and better price. We were very concerned under our franchise by district system we will be telling every business and every commercial establishment in the City who they would have to conduct business with. And, so they... and that business, once they have the right to an area, would have the possibility of increasing prices or setting their own prices. So, if we do go into a franchise by district system, the challenge will be price controls because you could have one district that the prices are "X" and the district next door for the same type of service could be two "X", or three "X" or four "X" and unless we establish tight price controls from here on down, you know, it will be... the consumers will be complaining, and rightly so. The issue of price controls from the Law Department are an issue that the courts don't look very favorably on. I mean, we looked at a lot of other cities, we didn't see a lot of price_ controls. I think only the Broward Sheriffs Department had some sort of wording in it that did do price controls. But, if we do this, if the Commission does decide to go to franchising by district, that's an issue we are still researching, we are getting average cost, you know and the... The Solid Waste industry and I am not an expert in the industry - Mr. Patterson is - has a lot of little nuances. It's not just like cable where you get basic cable and HBO and Showtime and so on and so forth. There are a lot of different little services that they provide and we will have to establish court defensible price controls that we can defend in court before we do it and what's even worse is after we do it, because if we do franchise by district and we are challenged and we lose the right to set price controls, then basically it's a free for all. You know, any hauler that has a district can charge whatever they want to do and we wouldn't be able to control it. The issue of revenues to the City, and this is something that we looked at because it is a factor, it may not be the most important factor, but it is a factor for... that we were addressing. There were basically two types of revenues we could look at. if the Commission decides to franchise by district, we could come up with a one-time franchise entry fee for the lack of a better term. That we could look once the districts are created and we can't do that now because we haven't created districts yet. Looking at the volume and the value of the districts we could tell the industry if you want to bid in District 1, you have to submit "X" amount of dollars to be a participant. District 2, "X" amount of dollars, and so on and so forth. The Law Department cautioned us, we just can't come up with a dollar amount off the top of our head. The cost must be somewhat business related or cost related to the City. You just can't say I want to raise ten million dollars ($10,000,000), so therefore, if there's five districts, it's two million dollars ($2,000,000) per district and come up with that. So there has to be a justifiable, legally defensible formula or thought process when we establish the entry February 23, 1999 fee for the City. And, again, if we don't establish price controls sooner or later than entry fee will be passed down to the customer. You know, they'll just amortize one million dollars ($1,000,000) or two million dollars ($2,000,000) or half a million dollars ($500,000) that they charge for the entry fee and slowly pass it down to the person that's paying the bill. The other avenue of revenues is the current 20 percent fee that we pay. We researched all throughout the state and we are highest in the whole state on what we charge. We charge 20 percent of whatever they charge they customer. The second highest is Ft. Lauderdale that charges 17 percent. We could increase that 20 percent. The Commission could increase that 20 percent, but again it just cannot be an increase based on we want to make more money. It has to be... There has to be a thought process and a legal process of the cost, of some sort of cost that we're trying to cover with that 20 percent. It may be, we could do it either way, under the current system or if we franchise by district. We feel that under the franchise by district may be slightly easier to sell the concept of increasing the fee because, you know we feel, especially Mr. Patterson who is the expert, feels that there are some efficiencies to them if we franchise by district. Of course, efficiencies to them that do get the franchise, those that don't get the franchise of course don't... won't have any efficiencies. But, if you get a franchise and you have contiguous routes all throughout the City instead of jumping around and picking up garbage they will be going from business to business, you know if they are picking up all the business next door to each other and so on and so forth. Every one percent that we increase, whether we do it under the current system or under the franchise system will bring to the City recurring revenues of approximately two hundred and eight, two hundred and nine thousand dollars ($209,000.00). Again, without price controls, you know, if we go into a franchise by district system this increase will be passed down to the customers because we found out that under the current billing what they... what typically the industry does now, if they are charging a company one dollar ($I) to pick up their garbage they add a second line is, 20 percent to the City. You know, 20 cents, so they are charging the business one dollar and twenty cents ($1.20). That is the wording that they are using now in most of the billing that the give to their customers. In reality what the Code says, we don't care what you charge the business, we get 20 percent of the dollar or 50 cents or 10 cents. During the meetings the Solid Waste Department came up with a proposal and the proposal is part of your package. It's something we just started exploring in the last few weeks. The Solid Waste Department is making a proposal to get back into the commercial account business. Miami -Dade County handles about 15 percent of the commercial accounts in the County. They give a competitive rate. That is not the lowest rate in the County, but they do give rates. It brings in recurring revenues to the County. We would... That's an avenue that if we do not franchise by district, we can explore. If you franchise by district we cannot explore because you gave a hauler only rights to that district, so it would be unfair after they gave the entry fee for that one district, for us to go there and start taking some of the businesses away from the hauler. Just on first glance at this, and if you have some questions Clarence can answer them later on, how much money we feel... But, four trucks and personnel driving those trucks could bring to the City recurring revenues of over two hundred and eighty thousand dollars ($280,000) a year. Of course, from the first day you do it, you are not going to have the number of accounts. We will have to market ourselves in the Commercial Account businesses for us to attract business and take them away from whomever has it now or for that business to make a decision to change from Company "A" to the City of Miami and it may take a while to do that, but, I mean as a proposal, we do not franchise by district, we will continue to assess and come back to the Commission with further research for the proposals whether this makes sense or not. We operated in the committee under the consensus concept. When something was approved it was approved under consensus and we listed in the package several advantages and disadvantages to franchising by district. And, I would like to go quickly through those. In the area of advantages the money that we would incur, that we would receive from the one-time entry fee, but again, this is a one-time entry fee and it must be reasonable and commensurate with the cost of the regulatory activity per the Law Department. We may be in a better position to increase the 20 percent to 21 and 22 percent... 22 percent regulatory fee based on the efficiencies that the industry will get from a district type of concept. It will be slightly easier to monitor hauler compliance if we know that all the bins in area and District 1 are by Company A. We won't have February 23, 1999 to look around and wonder whose bin it .is in District 1, we will all know District 1 belong to Company A, so therefore, only Company A bins should be there: ' Again, the efficiencies to the haulers, and 1 discussed that already. There will be an enhancement we feel to the quality of life in the neighborhoods. And just to explain that briefly, right now under the current system if you have three businesses close to each other, and they each have a different hauler because they all chose to pick a different hauler for their service and they all by this, by coincidence get picked up on Monday, you have three trucks going in on Monday morning to pick-up the business for the three different haulers. Whether it's once a week, twice a week, five times a week, so on and so forth. Under the franchise by district system, that truck will come in... It will only be one truck stopping at business one, business two, and business three and doing all the pick-ups in the area. So there is an enhancement to the quality of life and sometimes we get complaints from the public and through the Commissioner's office about trucks, you know, one after the other that are cueing in line for their pick-ups. It also may be, it may be easier to audit the accounts if we know all the... once we establish that District 1 has "X" amount of accounts, we know what to expect from each hauler because that's the value of District 1, and unless there is new businesses, unless we close down businesses the number of accounts will be... will be set for District 1, so we expect the percentage whether it's 20 percent or we increase the percent for District 1. Under the current system it's slightly harder because an account may change from company one to company two, and until we find out who has it, it takes a while for us to catch up to who is paying it. And, also as an advantage it may be easier, not impossible that if District 1 is served by Company A, and since that is the only company that services District 1 to convince that company to participate in community clean-ups and issues that make that neighborhood cleaner if they are the one and only hauler for the area. It's more difficult now because you may have 20 companies that pick-up in the area. Whether you know the... whether the companies agree to do that, you know it's something to be discussed. We then set a list of disadvantages to franchising by districts, and to go through them briefly, the first of these is price control. I mean, that is a big, big key, big item that we are concerned with, unless we establish court defensible, legally defensible price controls, who knows what the industry may charge the customers because they have a captive audience that you know, I am the only hauler, you can't shop around and next month I am going to be increasing, the next I am going to be increasing, ad the complaints will come to us. The actual turnover of accounts, if the Commission decides to franchise by district and come October 1,1999 Company A doesn't pick-up garbage there anymore, now it's Company B, the actual, the new bin coming in and the old bin coming out will be a logistical nightmare for a while as bins are coming in and out. It's not an impossibility, but it will affect service, we will have to contact all the local businesses and tell them the hauler that you have accounts with right now can't service you after October I", so here is the company that you have to contract with. Of course, the company that has the rights to that district will also be doing the same thing, but we will have to get over the issue of that occurring. Also, an intangible issue that if you have a business right now and you are happy with the hauler that has been providing you with service for the last five or ten years, now the City is coming in and telling you you can no longer do business with Company A, you have to do business with Company B. And so, any problems that the customer, the commercial establishment has with the hauler they are going to assess it to the City because it was us that forced them to change. It was because of us changing that maybe the prices went up or the service went down and those will all be assessed to the City. Another disadvantage is the short course mall waste hauler [phonetic] There is... there are some mom, so called mom and pop companies that do operate throughout the City, some of them are or have been bought out by the bigger companies, but there still are some that are operating throughout the City of Miami. Under a district by... advantages by district system, no matter how many districts you come with, unless you come up with 20 or a high number, some of the companies that are now conducting business in the City of Miami won't be able to conduct business in the City of Miami. That is not a City issue, but it is an issue of the companies that have been doing business with the City for many years who now, because they are not big enough to bid, they don't have the money for the entry fee. They don't have the type of equipment to service an entire district may disappear from the market. Another disadvantage under the franchise by district system is February 23, 1999 the proposal from the Solid Waste Department to get back into the business and let it bring back recurring revenues, we will not be able to implement that account because it wouldn't be fair if a Company bided for a right to a district that were not competing for the same accounts in the districts. We still have a couple of issues on existing contracts that we feel we will be successful on, but it is still being debated. And an example is, the School Board. The School Board has about 41 schools throughout the City, they are all being serviced by a single company. If we franchise by districts, the schools are going to be throughout the different districts that the Commission decides to create and we will have to convince, force the School Board that Citrus Grove has to be picked up by Company A and Miami has to be picked up by Company B, Miami Jackson by Company C, and so on and so forth. Likewise, McDona'.d's for example, may have 20, 30 McDonald's throughout the City, they get a group rate from a hauler to pickup at all the McDonald's, when this happens we will have to force them to break the contract you know, and abide by the person that has the City. We, you know, we feel confident we will probably be able to do that per the advise of the Law Department. Of course, there is also the possibility of lawsuit, but that's always a possibility in life from any of the non -successful haulers or from haulers that can't afford the entry fee if we decide into a franchise system. And the last thing that we cited was that all but one of the haulers that went through the workshop and that sent letters afterwards, vehemently opposed the franchise district system. They opposed it so much that they did not even address the issue that we asked them to address, say "yes" or "no" but tell us is we do it what would be the best way to do it, and all of them refused, or refused or forgot, or just didn't give us any input into the process. The committee's recommendation, it was unanimous for the committee. It was that at this time, we are recommending to the City not to proceed with the franchise by district system, but at the same time, we are not happy with the current system and we are making certain recommendation that if you agree with us not to proceed, we will go the recommendations. Mr. Manager, I don't know if you want us to go through the recommendations now or to go through it, but some of the recommendations do enhance enforcement. We have stared doing that now. We have recentralized the Solid Waste inspectors. The Solid Waste inspectors a couple months ago there were six of them were spread out through the 13 NET (Neighborhood Enhancement Team) service areas. Unfortunately we don't have 13 Solid Waste inspectors so some areas had a Solid Waste inspector and some areas didn't. By recentralizing the efforts of the Solid Waste inspections and making the NET inspectors the supplement enforcement factor to Solid Waste issues, garbage, you know who is picking up, and bigger than who is picking up the level of service which is a big issue in the City. Some places get away with the smallest bin that they can and the bin is always over -flowing and when it over -flows the litter goes throughout the City and it them becomes our problem to pick-up the litter. We can become a lot better at that enforcement. We can become a lot better at making sure that the bins are not unsightly bins, that they are labeled with a two- inch label that says Company A and Company B. We have to become a lot more aggressive no matter what system we get into, into delinquent payments. We do have... Most of the companies do not owe us money. There is a side issue on exempt accounts that we are... that just came up last July. We got a legal opinion on it and we are aggressively following the issue of exempt accounts, but we have a couple of companies on just normal pick-ups, they haven't paid us the money. One going back as early, as back... as late as June, July of 1995. On this issue the City has a big hammer. On most of the other issues it's lawsuits and liens and so on and so forth, but under this issue we have the permitting right. The Solid Waste Department director has the right to suspend a permit. The City of Miami has never in the history as far as we can tell, and Clarence is the historian on this, suspended a permit from a hauler for not paying. We are going to be very aggressive on doing this and the aggression is, tell the company, give them due time to pay the bill. If by that due time the bill doesn't get paid, advise all the other companies and tell them Company A's business if up for grabs come date... come a date certain, you know you can go out and get that business and at the same time tell all the businesses, all the commercial establishments that Company A servicing... telling them you have until a certain date to find a new waste hauler because your waste hauler has lost their right to pick-up garbage in the City of Miami. I think once we do that, you know the issues of monies owed to the City will disappear. And, I know some of the 8 February 23, 1999 �y:(r•x;C.'i�j,"'i���,-vr 'tl`6�;C�dr ari;r.��aG- monies owed may be, there may be issues involved and we are more than glad to sit with the companies and discuss these issues and come dp with a reasonable•arrangement. But there is really no reason why some companies owe some one hundred and something thousand dollars since 1995 and they still have a permit for the City of Miami to pick-up. We will get aggressive in this. Now, whether we franchise or not, this is an issue. It becomes a slightly larger issue if we franchise to a company, the company gets District 1 and now they don't pay us because they have a huge chunk of the City and to remove the business away from the districts we will have to come up with a procedure with what happens if a company gets a district and they lose the district, what is the process for that? Who gets it? What happens in the interim? So that's an issue on the franchise by district that becomes a more complexed issue. We would under the yearly inspection of the Certificate of Use we will make the inspectors that go whether it's Fire inspectors or NET inspectors to check with the commercial establishment for a valid waste removal contract that we will make sure that every business, every commercial establishment in the City has a valid contract with a permitted company to remove Solid Waste from the commercial account. Again, we will look at the issue of unsightly bins that look terrible. We recommend to allow us to continue to explore it, a pilot project to allow our Solid Waste Department that has come a long way since Mr. Patterson has been on board to get back into the commercial account business and see how we are doing to see whether we can bring those projected revenues or not. And, the last thing that we recommend is that, and the industry recommended this. Whether they recommended it because they wanted to do it or they recommended it because they didn't want the franchising by district, that's up to them for their motive. But, they want to establish a dialogue with us to look at issues on cleanliness of the neighborhoods, quality life in the neighborhoods and we establish some sort of board, you know comprised of the industry and City staffers to look at these issues and have the industry be with us by policing itself. Those are our recommendations and basically, I mean, if the Commission disagrees with our recommendation we are ready to go to step two which is the franchise by district, but we will have to get a lot of information from the Commission such as your input. This is scheduled even though the initial timetable was not adhered to because of legal issues and we really didn't have to rush once we got the opinion from the Law Department we couldn't this they transitioned until October I". But, this is supposed to be a Commission workshop for us to hear from you, and the most important thing that we need to hear from you if you decide to franchise by district is your recommendation of the districts, you know what would be the districts. Chairman Plummer: Mr. Martinez, your transition from the Police Department to an Assistant City Manager has turned out very well. You made a very good presentation, sir. Mr. Martinez: Thank you, sir. Chairman Plummer: Ladies and gentlemen, I wish to make one other announcement before I turn it over to the Commission for questions of the administration, and that is that all of you, especially all of those television cameras that are setting up for a reason I think that they don't know. This morning's agenda will be nothing but the workshop of the haulers with the one exception of Omni which will come up five minutes before lunch time. Everything else on this agenda will take place after two o'clock this afternoon. Mr. Sanchez has asked to be first to put you through the torture of answering questions. Mr. Sanchez. Commissioner Sanchez. Commissioner Sanchez: Thank you, Mr. Chairman. Joe Sanchez is good enough. Chairman Plummer: Well, we'll ask... Excuse me. The format that I would like to establish is that if any of the Commissioners have questions of the administration we will get those first, then we will go to the haulers and we will let them make their presentations and each one individually we will have 9 February 23, 1999 questions from after their 15 minutes if they need that or less, if that's agreeable with everybody, OK. Mr. Sanchez, you are first. Commissioner Sanchez: Thank you, Mr. Chairman. As you are aware and so is the management. 1 was the one that presented the RFP (Request for Proposal) because of several concerns in the Commission and also complaints that I received through the seven months that I have been here. A lot of the complaints that came in were complaints that I am sure that through workshops and possibly working together we can find a solution to them. But I was very disturbed when com... well, customers were calling my office saying, "Well, they just raised by fees, and the reason that they raised my fees was because you raised their fees." That was one of the biggest concerns. The other concerns that 1 had was that the trash cans were unsightly and in very poor condition in many places not identified. The lack of audit, and I would like to take some time Mr. Martinez to question you on some -of the items pertaining here and also the lack of enforcement. These were complaints that have constantly have come to my office. Now, if anything, if we could get our house in order we have accomplished something. One of the concerns that I have is, that we have 21 companies on a list that I have here. Out of those 21 companies if we analyze the chart that I have, I am very disturbed to see that some of these companies like Broward-Dade Sanitation has not paid their fees in October, '97; October... November, '97; December, '97; January, '97, correction '98; February, '98, and then we go on and then they pay for two months and then in June of '98 they don't pay again. Mr. Martinez: Commissioner, if I can explain that, and again I am not the expert, Mr. Prenner from Internal Audits is here. Some of the companies, you know, do not pickup regular garbage. Commissioner Sanchez: So, this company picks every six months? Mr. Martinez: No, some of those roll -offs. Like for example, if they are doing a construction business, you know they put their roll -offs there. So, some of those companies... I am not saying that this may be the example, maybe someone from Internal Audits may want to address this issue directly by specific companies, but when you see a blank there, it's one or two issues. Either they didn't pay us, which you are right if they didn't pay us. But it could be that they did not conduct any business in the City. Commissioner Sanchez: And then we could continue with the other companies, Mag-Pack, you know they go two months they don't pay, one month they pay, two months they don't pay, one money they pay, and I could go through the whole chart but it's going to take me time. There is apparently a problem in some of these individuals basically cutting corners and not paying their fees. One of the companies that is stated here, Coastal... Is it Carding? Mr. Martinez: Carding, yes sir. Commissioner Sanchez: They are in court litigation with the City right now because they have never paid their franchise fees. Mr. Martinez: Yeah, Commissioner that's the one that I said before owes us about one hundred and ten thousand dollars ($110,000) since 1995. I can't say how aggressive we were before on that issue. I can tell you with instructions from the Manager we are very aggressive with that issue because that company still, either on their, its own name or a different name I have heard from Clarence and some of the others that there is an issue now where they sell the company and they claim that they don't have, you know they are not liable anymore for the previous bill and, you know we are dealing with that one with the Law Department. But, we are aggressively dealing with that issue. 10 February 23, 1999 Mr. Donald H. Warshaw (City Manager): And, Commissioner let me just add something. That several months ago we started taking a look at those companies'"that were paying in some taxed way. I directed the Department of Internal Audits to start doing auditing. We -have recently completed several audit in which we have issued bills in excess of a couple of one hundred thousand dollars and you are right that the scrutiny hasn't been as strong "as it should be. Whether we are in the franchising business or we are dealing with 20 haulers, the City has an obligation to ensure that people pay us in a timely basis, and that hasn't always been the case here, but I can assure you that in the last several months, we have given a lot of attention to that and through the Finance Department as a result of those audits, bills have been sent out and if necessary, if they don't pay, we'll take their permits away, and I have no problem revoking permits from people who are doing business in the City who are not paying their bills on time. Chairman Plummer: Why hasn't it been done? We are being told this morning that there are many out there without permits and I can't imagine why you wouldn't be pulling permits right and left. Mr. Warshaw:. There are two issues, and I'll let Raul answer. I can't talk about what's happening in years past I can only tell you we recently completed some audits. And, again, there might be some legitimate reasons why and we'll give the hauler the benefit of the doubt, but if we did an audit and found that the City was underpaid by one hundred thousand dollars ($100,000), number one it sends a message to the hauler that we are going to scrutinize what the City's entitlement is and bill them accordingly. To date, with the exception of this one that's in litigation, to the best of my knowledge no one has refused to pay us. It's an issue of insuring that we know what we are billing, they know what they owe us and that the bills get paid in a timely basis. Mr. Martinez: Mr. Manager, let me explain and this is a weird process how payments occur in this industry. There is no billing. At the end of the month they tell us, "I collected from all my customer one hundred dollars ($100), he's twenty dollars ($20)." And the next month they are saying "I collected from all my customers one hundred and twenty dollars ($120)" because they got a new account, "here's twenty-four bucks" and they bill us that money. At the end of the year we do an audit and that's when we find out on month A, you didn't collect one hundred dollars ($100), you collected one hundred and fifteen dollars ($115) you know so you should have paid us an additional two dollars and that's when we do the audit and they pay us the amount. From talking to Internal Audits and the history that they have most of the companies are very good in paying. You know most of the missing in payments have to do with misquoted account because there is a code in the City of Miami, another code in Sweetwater and when they enter into their system they didn't pay us because, you know they thought it was a Sweetwater account and so on and so forth. The other issues that we just found out like you said there is one that owes us for a while and I don't have a good answer Coastal Carting why we haven't been aggressive enough on that. The other issue that they owe us money is a new issue that came up late last year, in the middle last year is through a legal opinion. Internal Audits found out when they were going through the audits that they weren't paying... some companies weren't paying for so-called exempt accounts: School Boards, churches and so on and so forth because. some companies have made their own internal decision as far as we can tell you know... Chairman Plummer: They still owe us. Mr. Martinez: Not for profits are not liable for this 20 percent. We got legal opinion from the Law Department saying they are liable because you know this is 20 percent of whatever they are charging, unless they charge them zero. They charge zero to the church, then they don't have to pay us nothing. We have since then been in dialogue with the industry. I think we are getting to end of the dialogue. Letters have gone back and forth and there is like one or two companies that owe us current money or past money. We have taken up the issue of retroactivity. You know if you owe us for '98, but who owes 11 February 23, 1999 us for '97, who owes us for '96, who owes it for '95, and how far if any can we go back for previous years for people that pickedup a School Board. Mr. Warshaw: And, I just want to add to that. There are no exempt accounts. What's happened here is people in the industry have used the interpretation of exempt as if this was exempt from paying taxes. There are no exempt accounts. Everyone who has their garbage picked up who is in the City of Miami in these areas has... You know, we have got to receive the 20 percent of those fees as well. So, .we are looking at the legal side of that in terms of retroactivity. Chairman Plummer: Mr. Sanchez, you want to wrap-up. Commissioner Sanchez: Another... No, I am going to need about three more minutes or five minutes. Another issue that I have is control and accountability. ON the audit side, I mean we are auditing once a year which basically we need to establish some type of system where we could trail the money owed to the City to make sure that we collect all the money. The other is on the control. We basically have gotten to the point where we have no control over that industry, and that's... And, let me tell you, 1 picked two hot potatoes to come up with in the City Commission. One is the abuse of Workmen's Comp and this is the other issue because it's been out of control. I know that we... I will not -argue the facts that we do have some good companies that pay on time. They are good customers but there are some companies out there that are taking.shortcuts and these shortcuts are you know, they are out there doing what they want to do and as long as they don't have any enforcement, they are going to continue to do what they want to do. And, other thing that I want to make sure right off... Mr. Martinez: And, Commissioner, if I may say. /I too, I interrupt you, that issue is going to be the same on franchise or not. If we don't do our job as a City whether we franchise by district or remain as is, they are going to run rough shot all over us and throw litter all over the place and not pay us. Commissioner Sanchez: Now, another statement 1 want to make after reviewing the facts and doing my homework on this matter is, you know the roll -off services which handle the construction demolition debris, I would, if I were to favor this or if I would vote favorably on it, 1 would not support or vote in favor of implementing them on a pro... on the franchise, then they would not be a part of this franchise. They would still be able to do business as they are doing business today. Now I want to just take a little... Chairman Plummer: They pay a percentage? Does the construction pay for a percentage? Commissioner Teele: Say again, I didn't understand you. Commissioner Sanchez: The roll -off services that handle the construction and demolition debris, they will not be a part of the franchise. They would be intact and left doing business as they are today. Chairman Plummer: But they still pay a fee. Commissioner Sanchez: Absolutely. Mr. Martinez: If that's what the Commission recommends, you know if you decide to franchise by district then we will have to come up, who gets the roll -off business. Commissioner Sanchez: Well, we'll deal with that when we get there. 12 February 23, 1999 Mr. Martinez: OK. Commissioner Sanchez: Right now I just want to, you know since I am responsible for this RFP 1 want to make sure that I am doing the best I can, and the right decision for the City's best interest. Now. I have some questions here with the big package that you sent that I have some questions that I am not too familiarized with and I would like for you to explain them to me. On the ten percent that is owed, how much are we looking at that being owed and why hasn't the City got the ten percent? Mr. Martinez: Commissioner, are you referring on the issue that...? Commissioner Sanchez: We show companies now paying for pirate accounts... Mr. Martinez: OK, and those are... Commissioner Sanchez: ... where it states that it represents less than ten percent of the money owed to the City. Mr. Warshaw: I don't think we are saying that it's ten percent of the total, we are saying of the ten percent that's owed. We are talking about a small, less than ten percent is misquoted accounts. Most of what's owed to us comes as a result of audits. And again, to give the industry the benefit of the doubt. In the internal audit process when we re -bill through the Finance Department we have had successful ability to collect. This is just a function of how this industry works. So, you know many of these companies just don't have the financial wherewithal that we do. So, when we do an audit at the end of the year we come up and we say, you owe us one hundred and ten thousand dollars ($110,000) they have got to pay us, and if they don't pay that's when we can invoke you know the hammer and say if you don't pay us we are going to suspend your permit. But we have had success in collecting when we audit. Mr. Martinez: And, Commissioner let me add. If you look at the sheet that tells all the months throughout for fiscal year '98, not counting the company that owes us one hundred and ten thousand dollars ($110,000) because that's before '98, and not counting the issue of exempt accounts, this industry, point four million dollars. The audits uncovered an additional one hundred and forty-seven thousand dollars ($147,000) you know, so it's less than five percent, you know that, that they uncovered during the audits because of misquoted accounts, mistakes and so on and so forth. So, from three point four million dollars ($3,400,000) after we did the audits it went up to three point five million dol lars($3,500,000). Commissioner Sanchez: And, on the price control, I would assure you that I don't.think that would leave you without this Commission implementing a type of language, control language on that or a clause to make sure that prices will not be gouged or the prices will not be inflated to the consumers. And, on the other factor, we state 20 companies. How many of these companies are still active? Because I have this but I doubt it that all these companies are still active. Either some of them have been bought out or some of them have gone out of business. Mr. Martinez: OK, let me say first, the issue of price control. We do agree with you on price control. It's an issue that we would push, but, it's a legal issue. It's not an issue whether we want to or not. It's a legally defensible, you know, issue that we must establish there. We must do a lot of thorough research, even the Law Department recommended the possibility of hiring a consultant... Commissioner Sanchez: All right. Well, if... 13 February 23, 1999 Mr. Martinez:... that will come up with industry standards. Chairman Plummer: Huh, always get a consultant. Commissioner Sanchez: If it's a legal issue we'll turn it over to the Legal Department. Mr. Martinez: OK. Commissioner Sanchez: What does the Legal Department have to say on this? Mr. Alejandro Vilarello (City Attorney): I think Mr. Martinez addressed it appropriately. In order to establish the price controls, I think you need to reasonably, have those prices reasonably relate to what the prices in the industry are appropriate. In order for us to do that, we need to hire someone who is an expert in the industry so we can relate to that. However, I think you can impose price controls. Chairman Plummer: If the companies agree voluntarily to the City setting the rates, is there anything more than that is needed? Mr. Vilarello: The rate needs to be reasonably... Chairman Plummer: I understand that. Mr. Vilarello: .. related to this. Chairman Plummer: And, be uniform across the entire City. The City can do that, can't they? Mr. Vilarello: I don't, I am not familiar enough with the industry to answer that question for you right now. Chairman Plummer: Get a consultant. Mr. Sanchez, wrap-up. Commissioner Sanchez: Raul, let me ask you another question. If we were to put aside the roll -off services; in other words, they will not be a part of the franchise. They will continue to do business in the City as long as they pay their fees and they are regulated. How many companies would stay, will be in this list? I am not too... Mr. Patterson, maybe you could answer. You are the expert in the trash industry here. Mr. Clarence Patterson(Director, Solid Waste Department): Yes. All 20 or 21 of the ones that are on the list they all have to some extent roll -off services they provide. So, leaving them out of the mix would not have any effect upon their ability to stay in service in the City of Miami. Chairman Plummer: You are finished, sir? Commissioner Sanchez: I had one other question I wanted to ask. Chairman Plummer: Well, come back to it later, and we'll now go to Mr. Gort, and we will come back to you later when you get your other question. Mr. Gort. 14 February 23, 1999 Vice Chairman Gort: Most of my questions were answered, but the... in a survey you did here, out of twelve, eight cities do have franchise. -Did we consult with them on how they do it legally and so on and set the rates... Mr. Martinez: Yes Commissioner, but the franchise that they have with the exception of Broward, they franchise the entire City. Vice Chairman Gort: Right. No, I understand that. Mr. Martinez: Yeah, they have one company. Vice Chairman Gort: One company. OK. Mr. Martinez: Like Coral Gables has Waste Management. The only one that sub -divided the city and gave a company District 1, District 2 and District 3 was Broward. And, Broward went from they doing it themselves, the Broward Solid Waste Department to three companies getting... Well, three companies getting eight districts. One company has two districts, another company has two districts. So, they divided Broward County into eight districts and they bidded for that. All the others are single companies that we have. Broward does have some wording that deals with price controls. We couldn't find that wording, strangely enough and I find it scary for the companies that a single hauler for the whole city. We didn't see any wording that deals with price control which is scary, once you have a company. They are the only game in town and could raise it, you know for the entire city. So, we didn't find that wording. Broward, and we just got last week the Broward list. There is actually some wording on the prices and they come up with a term called the "municipal solid waste fee" established by some sets of standards. Vice Chairman Gort: What I am hearing from the Law Department is, in order for us to set standards on prices control we will have to look at the standards from the industry. So, there's got to be standards in the industry that... Chairman Plummer: Absolutely. Vice Chairman Gort: There are all kinds of publications that have those standards. If you go by those standards you should not have any problem and that's one way to do it. Am I correct in that? Mr. Vilarello: Yes, yes. Vice Chairman Gort: OK. Most of the other questions were already answered. Chairman Plummer: Mr. Regalado. Commissioner Regalado: Thank you, Mr. Chairman. Commissioner Regalado: I am going to try to be brief, and money of course, if we are going to address that issue it has to be discussed at length. But, I would like to address two issues from what I experienced in talking to people who have this kind of service throughout the City, but especially in District 4. First of all, it's accountability. It is not this administration, but I was frustrated with the past administration because I was called to a restaurant cafeteria in District 4, they serve breakfast, lunch and dinner. The parking lot, it's located exactly where the garbage bin is located. So, they start serving breakfast around seven a.m., maybe six. Now the garbage truck from the private company will come around seven, seven 15 February 23, 1999 fifteen, seven thirty and it will disturb all the parking lot, it will create a very nasty situation for the people who are ready to go to eat breakfast or coming out from eating breakfast. I called the administration and because the guy, the owner of the restaurant wanted the company to come earlier and all he asked was for the company to come maybe around five, maybe around six, but the company wouldn't just listen to him. So, the administration told me that they spoke to the company and there was nothing we could do about it because the company decides the time that this work has to be done. So. here we have a situation of accountability. The guy not only is paying what the company asked him to pay. The person, that restaurant is also paying to the City of Miami a solid waste fee that we imposed to try to resolve the problem of illegal dumping, we all know that, and yet, the City whom he pays could not do something, to do something that simple, just to change the time of pick-up. That's an issue of accountability. Now, the other issue is quality of life. Mr. Martinez: Commissioner, may I address that, so I don't lose track of the questions? There are two issues that you brought on the issue of the hours. In reality, that issue gets worse under franchising rather than better, because right now that restaurant has the choice if the company doesn't want to come pick-up at six o'clock in the morning, fire them and hire somebody else. Vice Chairman Gort: Excuse me, we could put regulations to that. Chairman Plummer: Of course, we could. Mr. Martinez: Yeah, but... and under the franchise by districts. Commissioner Regalado: No, but let me say this. I, in your advantages you said that we will have more control on the company. Do you think that a company would risk a license or just a situation with the City in order not to change a pick-up for an hour? Mr. Martinez: Again, we set those hours as a... You set those hours as a City Commission. They are now set from six a.m. to eleven p.m. at night. The Commission may wish to, under whatever system you agree you are going to have extend the hours, lessen the hours, set the hours by type of neighborhoods. You know, like downtown you may want an earlier pick-up, for residential areas you don't want them there at four o'clock in the morning, you know making noise and waking up the residents. So, the issue by the Commission, you can set those under the franchise system, under the existing system by a change of the current orders. Commissioner Regalado: But, excuse me. Raul, why then 1 was told by the past administration that there was absolutely nothing that we can do about that. Not even if the neighbors would agree to an earlier pick-up, which by the way there is an apartment building next to it and the owner of the restaurant got signatures from the apartment buildings' tenants, so I don't understand why. Mr. Martinez: And, Commissioner, I can't answer that one either. Commissioner Regalado: And, it wasn't, it wasn't this administration. So... Mr. Martinez: And... But, I can tell you that there is one complaint right now, and I remember which area it was of a similar type of complaint where the hauler has the right to pickup at that time. But, the people from the Solid Waste Department met with the hauler, met with the restaurant or the cafeteria and the hauler voluntarily changed the hours that they pickup to... Chairman Plummer: Yeah. 16 . February 23, 1999 Mr. Martinez: ...for the conditions of the neighborhood, but that's a voluntary thing that the hauler did. Commissioner Regalado: OK, so that's an issue of accountability.. In the issue of quality of life. 1... I don't understand the disadvantages because if we... if we are told that things are going to be changed, that new equipment is going to be brought in and more control, especially in the way that the bins will be placed that would certainly help the quality of life. Mr. Martinez: OK, and Commissioner we... We list that as an advantage for franchising, but in reality they are two... The reason we make it an advantage is the issue that instead of three trucks picking up three restaurants next to each other you have one truck. The other issues that you are talking about, we can do that right now. Commissioner Regalado: I understand what you are saying, but you know, it just... I am just commenting on the final recommendations that you have that quality of life should be placed as a priority, and not as maybe one of the advantages. Quality of life is for me, the most important, and 1 would think that it's very difficult to force a company to have price control. We heard that with the cable franchise it's a federal regulation that we can't control the prices and I figure that eventually there will be legal problems although I think that if we do franchise that we should include some legal language in terms of price standard, maybe not price controls. But, we are worrying here about price control and we should be worrying more for the customers than what the legal aspect of all this will mean to the City. Because, if we are going to get a lot of more money, if we ever franchise the City, what the City administrations should do is take the burden from the customers of solid private haulers of that Solid Waste fee. That's something that people do not understand.._ I mean, the.:. even if I tried to explain to everyone that you are paying private garbage for your garbage io be picked up and then you have to pay the City because the City wants to resolve the issue of illegal dumping. You tell me that you don't dump garbage or trash outside. So why do you have to pay? I think, I think that the clearer that we send this message to the customer, because after all, we are here to benefit the customers, the people who pay the taxes of the City. If we send a clear message that whatever we do, either we leave it like that or we franchise, we are going to use whatever money that we get more to try to eliminate or reduce this Solid Waste fee. Because you know, I tried, but I cannot explain to the merchants, to the people, to the apartment buildings that pay private haulers why they need to pay this Solid Waste fee which... Chairman Plummer: All right, Mr. Sanchez. Mr. Martinez: Excuse me, Mr. Plummer, if I may say just one quick thing. Chairman Plummer: All right, Mr. Sanchez has to leave so let's make it quick. Mr. Martinez: OK. No, just that you are right Commissioner, it's sometimes difficult to articulate to a business when they have called me, explain this fee to me, but I just want to put on the record. Whether you franchise or not, the only additional monies, unless you increase thetwenty percent is the one time entry fee. Chairman Plummer: You are wrong, but we will discuss that later Mr. Martinez: OK. Chairman Plummer: Mr. Sanchez. 17 February 23, 1999 Commissioner Regalado: Wait, wait, I haven't finished. If I... Chairman Plummer: Mr. Joseph, have a seat sir. This is strictly the Commission's workshop. Commissioner Regalado: I understand that, and like the Chairman said, you know, that needs to be said in the future. But I think, I think that whatever we do, we as a Commission we promised that this fee when it was imposed was a temporary fee. It was a need to address the wave of illegal dumping in the City of Miami and it is something that we have to clearly state that we are willing to work in order to reduce that fee because you know, we promised that to the people. So, that's just all I have to say. Chairman Plummer: OK, Mr. Sanchez, you had one more question. Commissioner Sanchez: Yes; sir. Mr. City Manager is, I have the Dade Delegation meeting at FIU (Florida Memorial University) with the legislation package that I want to address some things. You didn't answer one of my questions which was very simple. The independents which ones are selling out and which ones are out? I think they are down only to maybe five or six companies now? And then the other question, I'll just give you both so maybe you can answer back. Does the City really have any interest in getting into the business of hauling the trash? I mean... Mr. Martinez: I mean, I'll answer the second one first. I mean, the Solid Waste Department has a strong interest in doing that. We are assessing it to see whether it's cost effective you know, and what point it becomes cost effective. They've sent us a proposal, it's part of your package that it looks like it's going to be cost effective, but there is a, you know, you have to go out to get accounts and that may take a while. Mr. Warshaw: And, we are not talking about getting into it where we are doing 100 percent of the accounts. We are talking about a small piece of it that might be cost effective to.the City. Chairman Plummer: OK. Commissioner Sanchez: OK. Mr. Warshaw: Ten percent, fifteen percent. Chairman Plummer: Mister... Mr. Martinez: And... I didn't answer his first question. I want to tell him... Chairman Plummer: Go ahead. Mr. Martinez: And, Commissioner, I don't have a real good answer as to how many are actually doing business. I know that the list of twenty or twenty-one have a valid permit for this year and they are submitting some monies are not. We know some have been bought out by bigger companies, but they are still operating under the permit of that company that is listed here. Chairman Plummer: All right, Mr. Teele. Commissioner Sanchez: OK. Well, I must excuse myself. I will be back at... Chairman Plummer: We'll try not to miss you. 18 February 23, 1999 INOTE FOR THE RECORD: At this point, 11:05 a.m., Commissioner Sanchez exited the Commission Chambers.] Chairman Plummer: Mr. Teele. Commissioner Teele: Thank you, Mr. Chairman. Let me also again express my appreciation to Commissioner Sanchez for bringing the issue forward and to the working group. Let me ask you this. you had two people from Internal Audit, Audits, Budget, Finance and one person from Solid Waste. 1 would hope that we would, you know... I think Mr. Paterson is probably one of the unsung heroes of this entire community, but I really do think that it's important that we build more depth in the Solid Waste Department. You know, when he left at an untimely time before, we sought of went in some circles and his presence, his absence was certainly... Chairman Plummer: Felt. Commissioner Teele: felt across the City. I would urge you, Mr. Manager, Mr. Martinez that we involve more people from Solid Waste in these kinds of workshops, we have got to build more depth and that's not to say that Mr. Paterson is not a young man and wouldn't be with us here at the City for a long time. Secondly, you indicated that, and let me also commend the members of the working group who have put aside their day to day responsibilities to deal with this issue. You indicated that there are six inspectors. Where were those six inspectors located? Mr. Martinez: Basically, Commissioner there were... Commissioner Teele: What are the...? What NET (Neighborhood Enhancement Team) offices had them? Mr. Martinez: OK, I don't have that answer, Commissioner. There were... Commissioner Teele: Who has that information? Mr. Martinez: I mean, I will get back to you with that information. I don't have it with me right now. Commissioner Teele: Nobody knows where those six NET offices... Mr. Martinez: Well, I know there was one in Overtown. I know there was one in East Little Havana. Where the other were Commissioner.. I don't have it right now, but I will get back to you. Commissioner Teele: You provide us with the list of the commercial accounts and you cautioned us appropriately that the number of commercial accounts does not reflect the size of the accounts. Mr. Martinez: That is correct, Commissioner. Commissioner Teele: There are approximately 20,000... Mr. Martinez: Yes, sir. 19 .February 23, 1999 Commissioner Teele:... accounts in the City, commercial. And, yet you recommend against pri.. the concept of franchising, butsomewhere this notion of five districts is thread throughout your report. Should we move into franchising? Mr. Martinez: Commissioner, I don't know where the concept of five comes up because we completer, and clearly stayed away from number that's why we provided to the Commission should you all decide to franchise by district. The most identifiable areas that we could think of which are NET service areas. People know what service areas they live in, so that... Commissioner Teele: Yeah, but see, let me tell you what the problem is. You know, the truth of the matter is,.if you... I want to caution you against five districts, five franchise districts. Four maybe, six maybe, three maybe, but five I think is a bad number because there are five City Commissioners. And, no matter how that plays out and the relationship between the City Commission and franchising will bear no resemblance to anything. In fact, if you were do just do as I think some of the people would like to do, have one pilot. Take one Commission district, do one pilot. They would take that one district which would be J.L. Plummer's district and the issue would go away because there would be nothing else to franchise. Chairman Plummer: That's the way it should be. Commissioner Teele: I mean, when you consider the Grove over... the Grove, Downtown, Brickell and a little bit of the Omni and Eastside, you are dealing essentially with about seventy percent of the profitability in this thing. So, the word... the number five is going to be a scary number to me. Secondly, it appears that there is a lit bit more, a lot more analysis about what we are doing here. And, I am much more concerned about what we have learned than where we are trying to go because I have read your report. Have we looked at all? First of all, let's agree on this because I think the Law Department is right to caution you, but I think the law is such that you're in such difficulty, financial difficulty that the law is going to be largely on your side. And, if the City Commission were to propose simply one resolution that the Solid Waste Department will be self-sufficient then all of these issues that we get into like with the lobbying fee which quite frankly is the most glaringly illegal fee that we collect because it is not a fee, you know, we are collecting a tax and unless and until we begin to apply, for example the lobbying registration to some nexus as it relates to that Office of the Clerk, it is what the Clerk... what the attorney is warning you about. You don't have that problem in Solid Waste.. What is the budget deficit of Solid Waste today, as we speak? Chairman Plummer: About eight million. Commissioner Teele: Thirteen million? Mr. Patterson: Are you referring to the difference between the revenues from the fee versus the total operating cost? Chairman Plummer: Deficit. Commissioner Teele: Well, how do we? Just tell me what the deficit is and tell me -how you define it. Mr. Patterson: I'll yield to the Budget Director. Commissioner Teele: That's a very smart move. 20 . . February 23, 1999 Mr. Dipak Parekh (Director of Budget. Department):. I don't have anybody else to defer to. Basically, the deficit the way we define it is the total expenses including fringes and indirect cost. meaning risk management, pension charges and the revenues which are derived in terms of Solid Waste fees which are not only the garbage bills but some of the other impactfees is roughly six and a half million dollars ($6,500,000) as of today. Commissioner Teele: So the deficit today is six and a half million dollars ($6,500.000). that is annually? Mr. Parekh: Yes, sir. Commissioner Teele: And, that... And, that's a warm, fuzzy number because that probably also includes some things that we are throwing in there such as... Don't you have some waste water fees in there or some storm water fees in there and some...? Mr. Parekh: We have the storm water utility fee which basically also helps... Commissioner Teele: How much is that? Mr. Parekh: That's roughly three million dollars ($3,000,000), sir. Commissioner Teele: Yeah, but we all know that that fee and the way we use it is a whole other story which we shouldn't get into in public, probably. Mr. Parekh: I think it's a public discussion, sir. If we basically... Commissioner Teele: Well, if we take the storm water fee out and we were to give it to Public Works where it ought to be to clean the storm water facilities which are not being cleaned, then the deficit would increase by another three million dollars ($3,000,000). Mr. Parekh: Absolutely, that would be nine million dollars ($9,000,000). Commissioner Teele: OK, so it's not unreasonable to say that, and I' think the Commission needs to understand that the idea of franchising to me, and Mr. Attorney, caution me if I am wrong. But, the idea of franchising is something that we have to look at if we are to close the deficit in terms of the basic cost of providing the service. In other words, we are not looking at making money here, we are not looking at trying to collect more funds than it cost to run the department. We are here trying to close the deficit, and that deficit really is about ten million dollars ($10,000,000) if you deal with the storm water. So, the question becomes Chief Martinez in a way. Other than franchising and other than better enforcement, what other ways have you come up across to help us raise revenues to cover our deficit, to cover our cost? Mr. Martinez: In reality, and I want to make sure that I am clear when I am answering your question. The deficit of six point five or nine point five million dollars ($9,500,000) is from our Solid Waste Department picking up home accounts and trash. It does not relate directly to commercial accounts and... Commissioner Teele: Ah, Chief, Chief... Mr. Martinez: ... maybe, maybe we may be able to make a... Commissioner Teele: let's don't argue about that because I don't agree. 21 February 23, 1999 Mr. Martinez' OK, all right. OK, great. OK. Commissioner Teele: Let me tell you why I don't agree, that's one element of the cost, but you' are willing now to forgive the County where the biggest single dollar goes. How much do we pay the County in tipping fees a year? Mr. Patterson: It's approximately eight million. Commissioner Teele: You see so, don't allocate the cost of the deficit to the homeowners because there is more cost than just the cost of picking up the trash. We have got the cost of paying this enormously, outrageous fee that... you know I think we ought to be trying to figure out how to get that trash up to Okeechobee or somewhere, but that's another story. The question is, what do you have, what ways do you have of putting it on a rail car and sending it somewhere else to? What other ways do you have to come up with this deficit, close the deficit, because that's what we are here about. We are here trying to figure out how do we get the cost lower, how can we reduce the franchise fee, how can we reduce this high fee that this homeowner is paying. Mr. Martinez: And, Commissioner, there are only three issues that will bring money to the City. One is better enforcement and you've covered that already. Make sure that somebody doesn't owe us one hundred and ten thousand dollars ($110,000.00) since 1995, actually make collections and suspend permits. We went through that already. The other issue is and this only happens if you franchise, the one time entry fee that you charge them "X" amount of dollars based on the volume and number of accounts based on the number of districts that you have. The third issue you could do either way. You could do, you know, under franchise, under the normal fee enterprise system increase the twenty percent regulatory fee. Chairman Plummer: OK. Commissioner Teele: Well, if I may? Let me ask you this, you ruled out allowing the City to go into the commercial account business with a franchise system. Mr. Martinez: And, you're right, and there were discussions, it wasn't just me ruled that we discussed this at the committee. There were discussions that if you charge a company "X" amount of dollars to gain District 1 or District 12, and so on and so forth, that person has certain expectations to service that amount of accounts and to give them the certain benefit that they paid the entry fee for. If we get into the competition business and for some reason we are more successful and get accounts from District 1 than from District 12, we are giving somebody an unfair advantage. The guy says, look 1 paid for 1,000 accounts and you are taking 200 accounts from me, I didn't give you an entry fee for 800 accounts, I gave you an entry fee for 1,000 accounts. That's why the committee has ruled out... Commissioner Teele: Well, you know, I am- not... Mr. Martinez: I am not sure if legally it's a... Commissioner Teele: I am going to be very candid with you. I think we ought to acknowledge that's the committee's view, but who on that committee is from the private sector? Chairman Plummer: None. 22 February 23, 1999 Mr. Martinez: None, sir. Commissioner Teele: So, I think until you -hear from the private sector on that... Chairman Plummer: And, that's what I want to do now. . Commissioner Teele:. ... we shouldn't speak for the private sector on that. I think you may be able to have a little bit more of that issue than you would maybe think. . Mr. Martinez: That could be. That could.be. Commissioner Teele: Finally, and thank you again, Mr. Chairman. Finally, in this whole issue, are there anything that we could do now legislatively, are you all recommending that we do anything now that we are not doing? I think it's important that we try to, capture what your recommendations are before we hear from the industry. Chairman Plummer: Go catch the guys that aren't paying. Commissioner Teele: Huh? Chairman Plummer: Go catch the guys that aren't paying. Commissioner Teele: Well, other than that, he's mentioned that. Mr. Martinez: And basically at this moment we are not asking for any change of the ordinance which would be the -legislative request. We as a City have to do a much better job at things that are already in the books. ,And, Commissioner, if we find anything and no matter what system the Commission wants to improve on that will make us better at enforcement, better at collection, better at quality of life issues like Commissioner Regalado spoke about, we will bring those up. If six o'clock in the morning is too early, we will bring that back to the Commission. Commissioner Teele: All right, final question. Do we have the capacity to divide this City into districts? Do you? Based upon the work product now, are you comfortable that we could divide this City into an equitable number of districts whether it be two, five, seven, three, whatever. Are you satisfied based upon the information that we have that we can divide the City into an equal number; I mean, a number of equal, equitable commercial districts? Mr. Martinez: Commissioner, we could, but the purpose of this workshop was if you decide to franchise by district to get your input, do you want them... Chairman Plummer: Yes. Mr. Martinez: ... equally balanced, then we will tell you because again, it's not just number•of accounts, it's volume of accounts. If you balance the number of accounts you may not be balancing the value of the accounts. Chairman Plummer: Right. Commissioner Teele: I understand, and that's my question. Do we have the capacity to do that? 23 February 23, 1999 Chairman Plummer: Sure. Mr. Martinez: Yes, we have. And, part two of this presentation we will show you a map and you give us guidance which way you want us to proceed. Chairman Plummer: Well, I don't know that we are going to get your map today. OK, let me make two statements, number one, there will be no decisions, resolutions or anything today made at the conclusion of this workshop. Number two, I have got a problem here, so I am going to lay the problem on top of the table. If companies are represented by a lobbyist rather than by an owner, our rules and regulations say at this particular time if that lobbyist is speaking they must be registered with the City and paid the fee to do such. If the owner of the company is going to be making the presentation there is no fee charge, he is representing himself and his company. Now, we have approximately forty minutes left, I am going to ask and beg for the cooperation of the companies if you can try to limit yourself I think a great deal of answers have been given to five minutes each. I really hate to do that, but I am also going to give five minutes regardless, before we break for lunch for the Omni situation. Now, BFI, is the owner speaking for the company or a lobbyist? Commissioner Teele: Public company. Mr. Bill Redman: Bill Redman with Brennen Ferres.. Chairman Plummer: Pull the mike around, sir. Mr. Redman: Bill Redman with BFI Waste System of North America. Chairman Plummer: Are you a lobbyist or you...? Mr. Redman: No, sir, I work for the company. Chairman Plummer: Mr. City Attorney? Mr. Vilarello: He's an employee of the company, he can... Chairman Plummer: He's an employee of the company, proceed sir. Five minutes, put it on the clock. Mr. Redman: 3840 Northwest 371h Court, Miami. One of the basic topics I think that we are discussing here today, we have heard in the discussion today is the... revolves around the basic freedom of choice where the customers that we have been servicing for a number of years, some of them as much as 25, 30 years, they have the choice of doing business or not doing business with us. The customer base that we have built and serviced for the number of years basically falls into a position of when we are talking about districting and talking about efficiencies and so forth. I think the companies that are represented here today have tried their best to not have scattered accounts but to have the efficiencies in place so that for the most part, Mr. Martinez, I understand what you are saying, trucks are here and trucks are there, but for the most part I would say are the greatest part of the business is, I have created an efficiency route basis where they have the ability to go from business to business to business to business as opposed to across town and back and forth. The customers that we serve also have the choice of doing business with us and we are not unlike the elected officials here today. If they don't like the way that we provide the service for them or the charges that we charge them, they can get rid of us as your constituents can on an elected basis as we all know. And, the competitive rates and the service that we provide I think is within the industry. It gives a real freedom of choice there where they have a competitive advantage, we have a 24 February 23, 1999 competitive advantage or the customer: has the competitive capability of dealing with us based on the service and on the rates and the sysiems that's been in place for so many years. I think the system works well from what I have seen in this City. You don't basically, you basically do not have a trash or garbage problem for the most part in this City. The ones that had the... Commissioner Teele: What did you just say? Mr. Redman: I said for the most part from what I have seen Commissioner, you don't have a tremendous garbage or trash problem within this City. Now... Vice Chairman Gort: You should come to my neighborhood. Chairman Plummer: Are you from Broward or Dade? Mr. Redman: No, I work here. I work here, and I have seen some other areas, Mr. Chairman that... other cities that definitely have a trash problem. And, this City doesn't have one to speak of against a lot of different cities. The... by changing this system, by trying to implement a new system, I think that you would create a tremendous amount of strife and turmoil within this City by changing out into districts and so forth and try to create districts where various trucks, routes, new routes and new companies would be coming into an area and I think you would be looking at a long-term process of that going into effect and working over a period of probably anywhere from three to five years. Based on the contracts I know we differ on that, Mr. Martinez as far as the contracts that are in place and so forth, but that's also another point of discussion at a later point. Everything that I have seen in the report as far as the advantages and the disadvantages, I only find one that might have some question as to... on the advantages to the system everything from one through seven on the advantages I don't see any reason why with the intelligent level of the staff that you have in place today, the intelligent level of the business community that we service and the intelligent level of the haulers that are within this community presently... Chairman Plummer: You have one minute -to wrap up, sir. Mr. Redman: I am wrapping, sir. And, that number five, enhance the quality of life that provides the trucks for multiple companies traveling throughout the neighborhoods to pick up garbage from adjourning businesses. We think we have addressed that somewhat, but every disadvantage in here I can't see where that... with the companies that's involved and the people that are involved with the staff level. I think it was Commissioner Teele had suggested that we get together and work this out through the private sector and we would be glad to do that. Thank you. Chairman Plummer: Thank you, sir. The next company on the list is United Environmental. Mike Chavez. Is Mike present, is he a lobbyist or an owner? He is not present. The next one on the list is Captain Trash. Mr. Ross, are you an owner or a lobbyist? Mr. Doug Ross: Yes, sir, I am the owner. Chairman Plummer: And, you address for the record, you name and address. Mr. Ross: Yes, sir, Captain Trash, Incorporated. 3236 Northwest 281i-Street. Chairman Plummer: You have five minutes, sir. 25 February 23, 1999 Mr. Ross: Well... Chairman Plummer: If you need that long. Mr. Ross: I have been in this related business in Dade County area for many years, and as a small operator I can tell you that we have a certain ability as a small company to provide unusually good service. If a small customer calls with a complaint such as you had pointed out we can respond to it in some fashion that perhaps a larger company can't respond. It's... if you have one hundred or two hundred trucks, you have one hundred or two hundred drivers. Each route has a certain responsibility and usually they are loaded with 100 or 150 accounts on a daily basis where a small operator may be driving the truck himself, and I think there are couple of smaller companies here too, and as such, you know we are able to provide that kind of service. And, I think that if you take away the ability of a small guy to start off with nothing, as Mr. Huizenga once said on television, as you probably know he claims to have started with one truck and perhaps he did, and he drove it. And, I know some other people in the business that have certainly done that, and 1 am still willing to do that today. But, if you franchise out and you take away my opportunity, then maybe I can never become a successful business and I think it really does hurt the little cafeteria, the little store, the mom and pop store that they like doing business with one on one, and... Chairman Plummer: All right, sir. Mr. Ross: So, I would just like to go on record assaying that I am against it... Chairman Plummer: Thank you, sir. Mr. Ross: ... and I hope that others will see it the same way. Commissioner Teele: May 1? Chairman Plummer: General Hauling Services. Commissioner Teele: May I ask a question? Chairman Plummer: I would like to... If we are going to get finished here... Commissioner Teele: I just want to ask the -gentleman a question. Chairman Plummer: Ask the gentleman a question. Captain Trash, come back. Mr. Ross: Yes, sir. Commissioner Teele: Sir, what was your name again? Mr. Ross: Douglas Ross. Commissioner Teele: Mr. Ross, are your rates lower than the other companies today? Mr. Ross: Sir, that's a difficult question to answer. In some cases I am, and in some cases I am not. And, in cases where I am not, I am close or I am a little higher, but 1 sell my service on just as I explained it to you. 26 .February 23, 1999 Commissioner Teele: Thank you: Chairman Plummer Oh, that's an interesting point. BFI spoke against it and they have three franchises in different cities in Dade County. Sir, are you an owner of General Hauling? Mr. Ben Bush: Correct. Chairman Plummer: All right, and you are Ben Bush? Mr. Bush: Yes. Chairman Plummer: And your address? Mr. Bush: Is 1440 Northwest 2 1 " Street in the City of Miami. Chairman Plummer: You have five minutes, sir. Mr. Bush: Before I begin, I would like to reserve sixty seconds for my attorney, Mr. Krentzer. Chairman Plummer: If he's registered as a lobbyist sir, then... Mr. Krentzer... Mr. Bush.: Yes. Chairman Plummer: ... well known to us and well loved. Vice Chairman Gort: He went to Miami High. Chairman Plummer: That's not going to help you. He was a Miami High graduate, but all right, go ahead. Commissioner Teele: That's Frank Krentzer? Chairman Plummer: That's Frank Krentzer... Commissioner Teele: Wow! Chairman Plummer: The one and only. Mr. Bush: General Hauling Service has been owned and operated by my family since 1945. We are located in the City of Miami, we have a large percentage of our business within the City. Needless to say that if franchising were to'proceed it would be a large financial blow to us because we've worked very hard to build up customer relations and the only reason that we have customers is because they want to, they want to be serviced by General Hauling and we provide a level that no one else can provide. We feel that the current system isn't broken. It's lasted this long and there is nothing really wrong with it. We agree with most of what Mr. Martinez' recommendations and we feel that if most of these were adopted it would make the current system even better. The only recommendation we disagree with is the fact that we feel the City should not be getting into the collection business, we feel that the City should be regulating and not competing. 27 February 23, 1999 Chairman Plummer: Thank you, sir. Mr. Krentzer used to be well known on his own as a legal beagle in this town, but now he's better known because he lives across the street from my daughter. Frank, nice to have you here as always. Mr. Franklin Krentzer: It's my pleasure, Mr. Chairman, thank... Thank you. Commissioners, our concern and I think a basic concern of the industry is that they feel and we feel that the recommendations of enhanced enforcement and more aggressive collection of delinquency will solve this problem. This is dealing solely and exclusively with commercial accounts. We think that in total this really, this narrow aspect of collection is really not broken, therefore it doesn't have to be fixed. But the fine tuning that's been recommended in these recommendations by the City Manager and the new staff and the Commissioners, it goes down the pipe and fine tunes we think solve these problems. We definitely agree with enhanced enforcement and we definitely agree with aggressive collection of delinquent accounts. And, the concept of the procedure of the yearly audits solves that problem. Maybe it should be done twice a year, then it becomes an expensive proposition. But once a year clearly will demonstrate it and if a limited period of time for collection is given, and then appropriate action taken we believe the City can be protected. We ask that we leave it the way it is and fine tune it for the benefit of the citizens of the City of Miami where I was born and where I want to stay and enjoy it very much. Thank you. Chairman Plummer: Thank you, Frank. Tony with 'an Italian last name that I can't pronounce from Waste Management. Are you an employee or a lobbyist? Mr. Tony Spadaccia: I am an employee of Waste Management... Chairman Plummer: Your mailing address, please. Mr. Spadaccia: ... and your are certainly not the only one that can't pronounce that last name Chairman Plummer: OK. Mr. Spadaccia: And by the end of the day I usually have a problem with it myself. Chairman Plummer: All right. Mr. Spadaccia: But, I am with Waste Management and I have been involved in the Solid Waste industry in South Florida for the past 22 years. I began with a little company called Industrial Waste Service that you probably all know down here. So, I am familiar with the County, I am familiar with the City, I am familiar with the problems and I have been around a long time. At this point in time, with the consolidations, with mergers, we are at the point where we are right now, I am an employee of Waste Management. Waste Management as you know has long been a provider of Solid Waste and recycling collection services in the City of Miami. We have been here through the difficult times of social unrest, high unemployment, through a development of downtown Miami businesses, high-rise office towers, hotels, Brickell Avenue condominiums. We have been here as a good corporate citizen and we are a major employer with our offices in the City of Miami. Waste Management has a substantial capital investment and equipment committed to our customers in the City as well as charitable, social commitments. We have stood the test of time and provided the businesses, apartments and condominium communities with a reliable service they can count on and at competitive rates. We feel a non-exclusive franchise arrangement is a viable way to cure and deal with the concerns of the City of Miami. Vice Chairman Gort: Non-exclusive. 28 February 23, 1999 Mr. Spadaccia: Non-exclusive commercial franchise. Controllable, non-exclusive. We encourage you to give us a chance to help. We want 'to,help. We would like to work with you and the appropriate City staff and officials to develop new long-term, non-exclusive franchises in the City of Miami. There are a number of issues that came before you and were discussed, some of them being roll -offs, pricing. way of life. Pricing takes care of itself in an non-exclusive franchise. You don't have to be concerned about it. You don't have to be concerned if the truck at your restaurant refuses to change his hours of collection because you can fire him and get another one. It provides you with the flexibility, it provides the customer base with the tools that they need. More so, the concerns that we have involve the City, involve the hauler and involves the issues of control, revenue. We talked roll -offs, if you have a district, an exclusive district, if you have a franchise area, roll -offs are still going to be roll -offs, thev are going to come and they are going to go and it's not going to change your problem. We have concerns and we should not pay or suffer the price of losing or compromising our customer base because of issues that were not a result of our failure or our neglect. The City has a responsibility, the City has ordinances to enforce. Without enforcement no program will work, in any case. So, we can't do something just to do something, we have to fix the system that's here. It needs some polish, it needs some scrubbing. 1 think we can do it together. We have to understand what your needs are, what your concerns are. Let us commit to being a part of it. You can create long-term, non-exclusive franchises. You can establish a fee for that long-term franchise. You can establish an annual permit or licensing fee in addition to it. You can continue with your 20 percent franchise fee... Chairman Plummer: You have one minute to wrap-up. Mr. Spadaccia: And, you could get commitments from those haulers that buy -in, that obligate themselves to the terms of these franchise fees to quality of life issues, to the concerns and situations that the City has to resolve. We don't want the status quo either, we want to help. There are many, many ways to do it. Clean-ups, illegal dumping, who does it? How do you control it or how do you avoid it? I'll give you one example, the City of Ft. Lauderdale cites the owner of a property because the only recourse a hauler has sometimes when the customer doesn't pay his bill is to interrupt the service. That creates a problem because trash is going to overflow. The City of Ft. Lauderdale cites customers for not taking care of their responsibilities to keep their properties clean. They will call the hauler, ask them to clean it up, pay the hauler and charge the business directly. Chairman Plummer: Thank you, sir. The next speaker. Vic -tech Environmental Services, Rafael Garcia - Toledo. I am hoping that we can start cutting down and we speak to the issue of franchising or not franchising. Mr. Toledo, you are a registered lobby and have paid your fee. Mr. Rafael Garcia -Toledo: Yes, I have. Rafael Garcia -Toledo with offices at 4701 Northwest 35`h Avenue. I'll be quite short, Mr. Chairman. Commissioners, thank you for this opportunity. Vic -tech as I said is located at 4701. We are an independent hauler. Basically, we have just come today to observe the proceedings to make sure that we know exactly what's going on with or without franchising so that we can be on top of the issue. We are just observing here today, we have a few company employees with us to make sure that we are well aware as a company what we need to do. We are an independent hauler and we're are just checking out the proceedings. 1 thank you for this time. I hope to be involved in the process as it goes on and I hope more of these workshops come about so the industry can say its two cents worth. Chairman Plummer Rest assured that they will. Mr. Cory, Republic Service is a registered lobbyist. You have five minutes, sir. Again, if you can use less, we would appreciate it. 29 February 23, 1999 Mr. Jack Cory: I certainly will attempt to do that, thank you, Mr. Chairman. Gentlemen, the Commission, my name is Jack Cory, I represent Republic Services which operate in your City as All Service Refuse Imperial Sanitation and Lazaro Waste Services. Some of these companies have operated in your service for a... in your City for over 20 years. I would like to, if I may, in a quick period of our time, Mr. Chairman go over the disadvantages that the Manager or Deputy -Manager pointed out to you. First of all, the majority of the advantages obviously we agreed to, however, when he spoke of Broward County taking over from themselves, I am sure where he got that number from. I have represented private haulers in that County for in excess of 20 years and Broward County has never operated their own system in that period. Going through the disadvantages, first of all the legal matters, the chart that you have in your back-up points out on page eight, points out that nine, actually eight are listed there. Jacksonville did not respond. We are the majority franchise holder in the City of Jacksonville, and nine of the twelve surveyed governments have figured out how to handle the legal matter. I certainly respect your legal department to be able to do it too, especially if it is done in a RFQ (Request for Qualifications), RFP (Request for Proposals) procedure where the company volunteers that participation where they are... the company is asked to bid on it and if the company put forth, puts forth a proposal on the amount of franchise fee and the amount of permit fees that they would pay, I believe that some of these other governmental entities have solved it in that way. Number two, the turnover, large commercial solid waste companies that were represented here today are doing this all the time, all over the nation in a 30-day period. It is not that difficult for us that are doing it and working on it. Number three, the responsibility of the level of services provided, you all know better than I that you are always responsible. The City is always responsible, however, with a limited number of franchisees, exclusive franchisees they would be able to delegate this responsibility by contract and then maintain the accountability. Number four, the small waste haulers. The vast majority of small haulers have already sold to large companies. The main ones that are left are those that are in construction and demolition debris as Commissioner Sanchez had pointed out and if it is your will to exempt them from this agreement the majority of those that are operating in construction and demolition and C and D would not be involved in this. Number five, the City of Miami competing, I would again would direct your attention to page eight of the Manager's report. Broward and Dade Counties, your neighbors have had franchises for decades. No major City in the State of Florida, that we know of has tried to go into the Solid Waste business in years. The question was answered today that the residential division. is losing ten million dollars ($10,000,000), I am not sure you want to go off and get into the commercial division. The report says that the City would like to do some, and I quote "some" of the commercial accounts. In effect, it sounds like they want to skim some of those commercial accounts and leave the rest. It's probably not an efficient utilization of your solid waste strength. Number six deals with the existing contracts across districts. Again, I direct your attention to page eight. This has been successfully handled for decades in nine of the twelve surveyed governments that your department is already surveyed. Possibility of lawsuits, that's why you have got great general counsel. Obviously, anyone can sue at any time, no lawsuit however do we feel would have much merit after October the Is' of 1999 which is the proposed starting date that the staff has even recommended if you went to an exclusive franchise system. And, finally, number eight all but one of the commercial companies not participating, I am sorry, and I apologize to you for the industry that they did not, that they were not responsive, but that's the reason that you go through this system. I don't believe the City is responsible to do what a few private companies want to do only this City when some of them that stood before just today are operating exclusive franchises, as you pointed out, Mr. Chairman, from the back-up in three cities in Broward County and the majority of them are operating exclusive franchises throughout this state and throughout this nation. To stand here and say exclusive franchises are bad for Miami, but they are good for Broward County is hypocritical and again, I apologize to you for that. Two companies in your City control over 70 percent of the current commercial solid waste. Of course, they don't want to make any changes, they don't want to have to pay this City any more money and they don't want to have to buy new equipment to help beautify this City and develop a quality of life. We would be honored to do all of those. 30 February 23, 1999 Chairman Plummer: You have 30 seconds to wrap-up. Mr. Cory: We will wrap that up in 30 seconds. Thank you, Mr. Chairman. We are committed to help this City. Our companies, our operating divisions have been here for over 20 years. We are committed to help improve the quality of life. We know that there are some difficulties in some neighborhoods and we are committed to that. We are also committed that if you give us the opportunity to bid and propose and do an RFP and an RFQ to put forth what we hope will be some financial reward for the Cite and make it beneficial for all of you. We thank you very much for your time. Chairman Plummer: Thank you, sir. The next speaker is Mark, I am sorry, Dade Waste Haulers. Lucian... Vice Chairman Gort: Luciano, Luciano. Chairman Plummer: OK, another Italian name. You have five minutes, sir. Mr. Luciano Isla: Thank you very much, Mr. Chairman. My name is Luciano Isla born in Havana Cuba. I am... Chairman Plummer: I keep telling Commissioner Teele, I am bad on Latin... Italian. Mr. Isla: I am the... I am legal counsel to the Dade Waste Haulers Council, Inc. I am also a registered lobbyist and I have paid my fees. The, let me just indicate before my presentation for the record that the last speaker, Mr. Jack Cory is a lobbyist for Republic Industries. Mr. Cory does not speak for the balance of the solid waste industry. Mr. Cory does not speak for the independent small waste haulers and no one has asked Mr. Cory to apologize for anyone. Interestingly to say, however, that the record that Mr. Cory indicated how Republic Industries is doing business ih the City of Miami, of the three companies that were listed All Service, Imperial Sanitation and Lazaros, two of those Imperial and Lazaros are former honored and distinguished members of the Dade Waste Haulers Council, long time, good, corporate citizens and haulers licensed in the City of Miami. We are here this evening in support of the Manager's recommendation. We are here in support and to compliment, director Patterson, the Manager's staff and all of the other departments that came together on November 23`d and have brought to you a unanimous recommendation. We are here today to affirm the commitments that I personally have made, not only to the City Commission but to the Dade County Commission that every time we are given an opportunity under proper notice to appear before you the small independent haulers will be here. And, 1 made that commitment specifically to Commissioner Teele as late as March of last year. We are here today, already in front of you, you have had Captain Trash, General Hauling, Vic-Tec, behind me will be other members who are duly licensed small companies in the City of Miami whose fees are current, who will face any questions or any criticism that the Manager, director Patterson, or the Commission will have. 1 will go further on legal issues and I would make mention for the record at this time that the Charter of the City of Miami specifically provision Section 3-H,I,N,O,J,L, prohibits the City of Miami under its Charter to grant exclusive franchises for the collection of solid waste only and unless you follow the referendum procedures that are outlined in the Charter. But, the purpose here today is not to get into the legal issue, and I have not had the chance or the opportunity to present them to your City Attorney at this time. I just indicate that for the record. Commissioner Teele: Could you just read the language that you are citing for me, please? 31 February 23, 1999 Mr. Isla: Yes, sir. Chapter, Section 3-H of the City of Miami Charter grants the City the power under public service to furnish any and all public service. Section 3-1-Public Utilities. Grants to purchase, hire, construct, et cetera and it's inhabitants was water, ice, gas for illuminating and heating purposes, and electric energy for illuminating, heating or power purposes. That's the definition under Public Utilities. Section 3-N - Franchise. Subject to the provisions of the Constitution of Florida and of this Charter, both inclusive to grant franchises for public utilities. Section 39, sub -paragraph "J". Franchise and Public Utilities. Exclusive franchise prohibited. No exclusive franchise or extension or renewal thereof shall ever be granted. Commissioner Teele, the only exclusive franchise provisions under the City Charters are those that regulate public utilities. Solid Waste... Chairman Plummer: You have got one minute to wrap-up, sir. Mr. Isla: Thank you. Thank you, Mr. Chairman. Solid Waste is not a public utility. The current system with the accountability process and as indicated by Assistant City Manager Martinez... less than five percent on a completely independent and blind audit that was performed only less than five percent is accountable. And finally, to address Commissioner Regalado, our board has implemented a liaison program whereby for example we meet with the Latin Chamber of Commerce. As a board we meet with the other chambers and we address the concerns, Commissioner Regalado of the members of, for example the CAMACOL, when they have complaints against any of our members in their pick-up we address them on a board to board basis. Granted... Chairman Plummer: Thank you, sir. Mr. Isla: ... it may not be completely all inclusive but we are trying our best to implement our own program on behalf and in assistance of the Manager and the Commission to address the commercial accounts at the Chamber's level so it does not have to rise to your level. Chairman Plummer: Mr. McWilliams... Mr. Isla: Thank you, very much. Chairman Plummer:... of Mack -Pak. We have got four people left to speak and ten minutes to do it in. Mr. David McWilliams: Commissioners, thank you for letting me be here today. My name is David McWilliams with Mack=Pak Waste and Recycling Services of 2900 Northwest 72"d Street. I would like to state that I also don't have any apologies for the 30 years of business that I have conducted in the City of Miami. I started out on a garbage truck when I was 14 years old with my father who is now 81 years of age and still looking forward to seeing perhaps his grand -children or future generations continue in this industry. I would like to say in reference to one thing brought up by Mr. Sanchez, he mentioned that Mack -Pak was behind on their fees. In the 30 years we have done business, we have paid the City every cent that they have deemed necessary for us to pay. When the franchise arrangement started it started at six, eight, ten, twelve percent, right on up to the current 20 percent. We have not always perhaps been on time with our payment, and for that I do apologize. 1 would like to say this, the industry, here in Miami has been a good industry.. It does have some things that need to be worked out. I agree wholeheartedly that we could be a cleaner City. I agree with the recommendation of the committee. I agree with Mr. Warshaw's recommendation to keep the free market here in Miami. I think we can work together to address these issues as Mr. Spadaccia pointed out, and that's the correct way to pronounce his name, 1 think. I think that perhaps that we need to have workshops that are truly workshops that get into these problems and that we can work together to solve these by communication. That has been lacking here in the industry here in Miami. I, not too long ago I received the first letter I had received in a long time 32 . February 23, 1999 from the Waste Department. Mr. Patterson sent me a letter concerning a problem with unsightly equipment, I responded by doing a check of our equipment. I sent him a letter back, I told him that our equipment indeed was in good condition and I have received no further correspondence. I look at that as a good example of how we can work together. I think if we sit down and we identiA, some of the problems, for example, under -serviced accounts. Sometimes we go to one of our customers. we say listen you have got an overflowing container, you need more service. The customer says I can't afford it" or "I don't want it, just let it overflow." By working with the Waste Department I feel we can rectify a lot of these situations. Now, you mentioned, Mr. Regalado, concerning that restaurant. That's something that can be worked out if the customer has somewhere else to go. If the hauler he has won't service him during the hours that he wants, he can go somewhere else for someone who will. Now, of course there are certain restrictions that are placed on us haulers by the City as to the times that we can go into areas. For example, if there is an apartment building or some residents close to that property, we can't go in there at five or six in the morning. So, what I in conclusion like to say, many of the haulers have covered many of the things that I expected to say. I would like to say that I think franchising is not a good idea. In all cases that I know of anyway from here to Timbuktu, franchising has only inflated the cost of garbage pick-up to its customers. It's always provided a means for people to be taken advantage of and I get phone calls, and I know many of the haulers are going to say this too. I get phone calls all the time from people in franchised areas both here and Dade County and Broward County, they say, "How do I get out from under this? I am paying a tremendous price." Now you mentioned a little bit about controlling cost. You will be able to control some of the cost, but other costs you will not be able to control and it's these that are often exploited. For example, in Broward County, come of the people are paying ninety-two dollars ($92) a ton. Chairman Plummer: Sir, you need to wrap up. Mr. McWilliams: So, I guess in conclusion, again, I would just like to say I support keeping a free market, leaving the freedom of choice in the hands of the people. Thank you. Chairman Plummer: Thank you, sir. American Disposal. Anyone here from that company? Mr. Mark La Rocca: My name is Mark La Rocca, I am the owner of American Disposal. Chairman Plummer All right, sir. Mr. La Rocca: Thank you for the opportunity, Chairman and... Chairman Plummer: Speak to the issue. Franchise or not? Mr. LaRocca: No. I feel... Chairman Plummer: OK, next speaker. Mr. LaRocca: Well, I... The name of my company is American for a reason and I feel that the only person that hasn't been addressed here is the consumer, they are going to lose their freedom of choice. You are going to eliminate competition from the market. I think it's unfair. I think the problems that are at hand regarding the fees that are paid to the City of Miami, in fact I have had a week and a half ago of phone calls by the Director of Finance to wonder why one month was paid fees, one month wasn't paid fees. Well, I do roll -offs, sporadic work in the City of Miami. And, I put a call into him a week and a half ago and I am still waiting for this call. Now, we are here to address the problems of the City, but we 33 February 23, 1999 also, at the same time, need the City to help us address the problems with the consumer. 1 believe it's problems that could be resolved. Thank you very much. Chairman Plummer: Thank you for being brief. S & S National. Mr. Alex Mensh: Hi, my name is Alex Mensh, I am the Vice President of the company. I'll be brief. Chairman Plummer: Thank you. Mr. Mensh: I heard a couple of topics being discussed here, one of which was accountability. Our office is in Palm Beach County, and one of the franchises that we are a member of is with the Solid Waste Authority in unincorporated Palm Beach County. And, how we are regulated in that fashion is we are obligated to provide an audited statement from a CPA (Certified Practicing Accountant) every month which will cost a little, which will cost the company a little bit but it will take a big burden off of the City from going after a lot of companies. We do not endorse franchising. Everywhere that I have seen such as the City of Boynton Beach where they charge upwards of nine hundred dollars ($900.00) for a 20 yard can, or the City of West Palm Beach, I have seen bills as high as four hundred dollars ($400.00) for a 20 yard can and the people that ultimately pay for this are, would be your constituents. Companies will not accept losses and will pass the cost straight on to the consumer. So, we are against it. Thank you. Chairman Plummer: Thank you, sir. Ladies and gentlemen, I think that we have had a good workshop today. 1 think we have had a lot of pros and cons, and forwards and backwards and I think this is the first of more. I think that the administration needs to take all of these thoughts into consideration... Commissioner Regalado: Mr. Chairman. Chairman Plummer: ... All right, I'm not cutting anyone off, so that we can go further into the issue and proceed with full implementation of ideas, not necessarily franchise. Mr. Regalado. Commissioner Regalado: Mr. Chairman, I really had hoped that we had made some kind of decision today whether we want to stay as we are or whether we want to do something. I am really troubled by the policy of deferral. We deferred the telephone issue for 90 days or something, we deferred the bus benches issue for, I don't know what time. I don't just know what we are going to do with the Solid Waste and the franchising or not franchising. I think that we have to just be clear. You know, if the administration feels it's easy to live with the status quo then let's say it. But, frankly I do not believe that we are going to try to fix the problem in the next 60 days or something. It's either we have to take a decision, just say today, you know we don't want franchising so let's move on to other issues, you know. Let's talk about the Circle or other things, but you know, we keep coming back and coming back and I for one 1 keep getting you know, the complaints. Unfortunately, complaints don't go to the Latin Builders or the Latin Chamber of Commerce. They call my office, and I don't have an answer for the people. What can I say? Look, we are powerless, you know the City Commission cannot do anything because the administration has been talking about this, and mind you, I think that we are behind about four months... Chairman Plummer: All right. Commissioner Regalado: ... that's what we, according to the original timetable. So, Mr. Chairman, you know, I for one would like to hear if we want to do anything or nothing. If we want to do nothing, well, just let's say it. 34 February 23, 1999 Chairman Plummer: All right, let me tell you why I am opposed to making a decision today, other than the fact this was a scheduled workshop. I am going to go through these, I am not going to ask any questions for answers but let me tell you where my areas of concerns, OK. You're ready? Here we go. The whole business of franchising or not to me is in the contract you write, OK. The contract that you have with each individual of the haulers is either going to make you or break you. The area that you couldn't get any more money out of them, I agree with you, you can't get any more because the customer would have to pay, but it doesn't preclude in -kind. They could give the City part, they could give the City whatever necessary they can do. I would demand that four times a year like the City of Miami Beach, forty yard bins in ten different locations or thirteen locations in this City where the people of this City could go and put in their bulk products. The term has not been discussed, are we talking three years, five years or infinity? The overflow to me is an issue that today is not being addressed, we should be out ticketing those people because they are not going to volunteer to a company to go and take a larger bin. I think that the screening is a major problem, they say some of the companies have done. I think the odor is a problem. I think hours of operation next to residential is crucial. I think the tipping fees, nobody has spoke about. Are they going to pay the tipping fees? We are going to pay the tipping fees? Who is going to pay the tipping fees. Well, that hasn't been discussed. I think one of the major problems that 1 am getting of input is people who today are being ticketed because they say, well they are putting their garbage out and they only have a dumpster for trash, not for garbage and trash but just for garbage. I think that that's really my ideas and I think those matters have got to be discussed. I think those matters have got to be resolved in my mind, and there is no question to me, that without being able to set the fees you will not have exclusivity. I think that setting of the fees by this Commission could in fact protect the consumer in the fact that he will not have his fees raised except through a public hearing in front of this City Commission. I think that can be described if properly written into a contract as a benefit, I could be wrong. But, I don't know and that's why I say I don't want decisions made today. It was not proposed to make decisions today, Mr. Regalado, and I beg your indulgence that I think at least one more workshop is necessary. Commissioner Regalado: Mister... Commissioner Teele: Mr. Chairman, Mr. Chairman, with all due... Chairman Plummer: Mr. Teele. Commissioner Teele: With all due respect, Mr. Chairman. Chairman Plummer: Yes, sir. Commissioner Teele:: We all have issues. 1 think Commissioner Regalado has been extremely dignified in what he has said. Chairman Plummer: Oh, absolutely. Commissioner Teele: And, I will not be as dignified. This Commission is developing a severe case of constipation of policy. We cannot make any decision on anything. We are marginalizing ourselves not only as Commissioners, but as people who are here to represent the public. 1 have no objection, Mr. Chairman to your view that we should not vote on anything with the absence of a full five -member Commission and we don't have that now. But, but Mr. Chairman, I am going to tell you, I am going to start challenging the decisions of the Chair every time we stop making decisions. We have met on the Circle, we have met on the issues of the TCI, ad infinitum and on and on and on. And, it's almost like some of us enjoy coming here and discussing and recycling these same items. The problems aren't going 35 February 23, 1999 to go away. There is either going to be five Commissioners here in support of something or some less or not, but what's wrong with voting, and what's wrong with getting a sense of the Commission. Look, the staff needs it more than anyone does. I mean, the staff... If we walk out here today, as you are prepared to let us do as we did with the Circle what we are going to wind up with is the worst kinds of things happening and that is why the staff and the City Attorney and the City of Miami absolutely makes decisions, policy decisions for us because we abrogate our responsibility. If we don't do something on the Circle the City Attorney is going to file a motion. And, whether he's reflecting what three, or four or five of us want, it's not going to ever get discussed, and we have got to stop abrogating our responsibilities as elected officials. These are not easy decisions and they are not going to be popular decisions, but I have maintained Mr. Chairman, and members of the Commission, no decision is the worst decision because we are going to be held responsible anyway. And, at least I would like to go down fighting or go down trying to implement in a policy what I believe. But, I don't know Mr. Chairman, you know you look at the Oversight Board, you read The Miami Herald, you read the Sun Sentinel, we are held responsible even... every time we come here even when we don't vote. So, I think it's time, you know, Commissioner Regalado needs to speak up and say what he's saying. I want to support what he's saying, and the fact of the matter is, I really don't know how I feel about the franchising issue right this moment. But I agree that there should be five members of this Commission and we need to give some policy instructions or directions to the management. Otherwise, the management will do what the management of this City has done for the last 20 years and that is, they will make their own decisions, they'll hold, make decisions right or wrong and at the end of the day the Commission will be held responsible. Chairman Plummer: Mr. Gort. Commissioner Regalado: Mr. Chairman, if I may? Chairman Plummer: Mr. Regalado to wrap-up. Commissioner Regalado: I really think that we should not leave here without, like Commissioner Teele said giving the administration any guidance, because you know, they are talking about October, an RFP, an RFQ, (unintelligible) and consultant. I, for one will propose, and I agree with you and I agree with Commissioner Teele that we need to get more information. But, we need to decide today if we want to stop the whole process, or if we want in the next meeting to have the administration bring several options. If you want some districts, here is what Commissioner. Teele said, you need... Are you comfortable, exclusive... Commissioner Teele: Exclusive, non-exclusive. Commissioner Regalado: .. non-exclusive and, then, when the five members of this Commissioner are here you will give us the possibility. But, this cannot go on and on and say, well let's do another workshop in July, because I mean, you know, the weather is good in July. No. I think that we need to leave here with the fact that we want, it's the will of the Commission, of the majority of the Commission that either we stop the whole process or -we just move forward and you know, I really agree with Commissioner Teele, we get blamed for everything. And, I was, today I was really shocked by the fact that there was an administration official on the radio defending the position that the Mayor took on the Circle. And, it striked me and the fact that that administration official said that the Mayor was the only one who had come up with an intelligent and reasonable decision. Commissioner Teele: Are you saying that someone that works for the Manager? 36 February 23, 1999 Commissioner Regalado: Someone that works for the Manager was on the radio, Mr. Jorge Luis Hernandez the Director of the Office of Public Information was on Radio Mambi this morning. And, Mr. Manager, I, you know, I think that it's important that your people will go to the media, but I think that they need to be careful on the way because it could be perceived that a person or the administration is working for the Mayor which is OK. It's part of the electoral government. Chairman Plummer: How are we jumping from the trash to the Circle? Commissioner Regalado: Because we get blamed for everything, J.L. Because we get blamed for everything. We don't make a decision and, then, we get blamed for everything. We didn't do a decision on the Circle and, then, we get trashed on the radio. Chairman Plummer: Mr. Gort. Commissioner Regalado: No, I haven't finished yet. Chairman Plummer: Oh, I thought you were. Commissioner Regalado: And, I really think that, I agree with the Chairman that we need to resolve all these issues, but we need to leave here with some kind... Chairman Plummer: Well... Commissioner Regalado:... of direction to the administration. Commissioner Teele: Would you yield to me because I think Commissioner, the Chairman is right on one point. Commissioner Regalado: Sure, I yield. Commissioner Teele: I yield. I apologize, Commissioner. Vice Chairman Gort: Come on guys, can I get a chance or...? Chairman Plummer: Can we get little switches to turn microphones on and off like they have in the County? Commissioner Teele: Mr. Gort, I yield to you. Vice Chairman Gort: Let me tell you, you want to make a decision today based on the information that 1 have here today, I will have to say, no, I will have to vote against it. [APPLAUSE] Excuse me, hey, I didn't finish. I didn't finish, don't be so happy, I didn't finish. Chairman Plummer: What? What? Vice Chairman Gort: Because everything I hear here is negative. So, if we are going to go by the information we received here today we have to vote against it. Now, what I would like to see is some of our alternatives come back to us, but 1 would also like to see from the industry a few franchise and you have certain segments only, I think, I am not an expert, I don't know the industry but I think you can cut your routes, you can cut your employees and you can cut the cost of providing services. It's my 37 .February 23, 1999 understanding, you need to check with the industry. Somebody is shaking their heads, but 1 know if you have a fixed route and you have a fixed way to go and you have to go all the way across, you have to have five different routes and any amount of employees, you can cut expenses and you can pass that on to the consumers. At the same time, I saw where.Broward, where in Ft. Lauderdale they have franchises but they left it open for 20 individuals. Now, those franchises everybody can compete, but you are going to live up to the restrictions, you have to pay certain fees, and you have to maintain it, and you have to make sure to maintain it. Because Commissioner Regalado is right. The Chamber of Commerce. Luis Sabines, I love him, he's a great guy, he doesn't get the complaints that we get. I get them every day. I see them in my neighborhood, and I am certain some of the individuals here do not go through the neighborhoods and look at the problems that we have with the commercial haulers. We have a hell of a lot of problems people, let me tell you. Go to Allapattah, go to Wynwood and you'll see it. It's all right there. Go to the Farmers Market, the Produce Market, and you will see it. There is a lot of things that need to be done. And, I have worked a lot with your industry, I have gotten together with you and you all know it, the independent haulers and your major ones and downtown and in Allapattah we try to work with you all and it's been impossible. Unfortunately, volunteerism doesn't work. We have to regulate it and we have to enforce it, for sure, we have to enforce it. The biggest problem that we have had in the City, lack of enforcement. We have to enforce our regulations and ordinances. Chairman Plummer: OK. Vice Chairman Gort: But I would like for you all to come back with the alternatives and I want the input from the industry and the cost, and not only the industry here but the standards through the nation, and you can get that information. Chairman Plummer: And, also we have always had public hearings to allow the public to have input. I am looking at the end of March, Mr. Manager, that we should call a special meeting on the off Tuesday in March, like the 30`h, to come back after you have had one or two workshops with the industry discussing the issues brought out by the Commission today and to take it from there. Does anyone have a problem with having a meeting on ten o'clock so that we can have this as a single issue? Commissioner Regalado: No problem. Chairman Plummer: OK. I would like to thank all of you for being here today. We will be, you, the industry, will be by the administration notified as to the workshops and everybody is planning on being back here on the 301h day of March. I would ask you, please, to exit quietly. 5. (A) DISCUSS COMMUNITY REDEVELOPMENT AGENCY INTERLOCAL COOPERATION AGREEMENT FOR OMNI REDEVELOPMENT AREA. (B) SCHEDULE NEXT COMMUNITY REDEVELOPMENT AGENCY MEETING FOR MARCH 8, 1999, AT OMNI DOUBLETREE GRAND HOTEL BEGINNING AT 4 PM. (LATER CHANGED TO 5 PM) - SEE LABELS 1, 32 AND 59B. Chairman Plummer: We have one quick matter to take up in the Omni area which I allowed them to take because of an airplane flight schedule. Mr. Joseph, you were the one who requested it. Proceed sir, very... as quickly as you can. Mr. Fred Joseph: You had called the meeting on the Omni area as far as the CRA (Community Redevelopment Agency). Are you going to sit now as the CRA? 38 . February 23, 1999 Commissioner Teele:. No. Chairman Plummer: No. No, there is an item on the agenda... Mr. Joseph: There is an item on the agenda because of the Interlocal. Chairman Plummer: Excuse me, would you exit quietly, please? Thank you. Mr. Joseph: There is an item on the agenda in regards to the Interlocal? Chairman Plummer: It is in relation to the Omni. Commissioner Teele: Mr. Chairman. Chairman Plummer: Mr. Teele. Commissioner Teele: Mr. Chairman... Chairman Plummer: It's item number twenty-four. Commissioner Teele: Twenty-four. Mr. Chairman this matter was placed on the agenda again at my request that I ask, as you recall for you to be a committee of one to meet with the Omni people and to explain to the Omni board, advisory board the basic agreement that we have with the City. As you are aware, we requested and I believe we received in Novem... October, early November, a document that basically outlines many of the CRA. responsibilities and the City's responsibilities. While there are a number of errors in that report, and I'm... those errors have not been corrected. I think the real issue here is that the board needs to reaffirm the resolution that was undertaken, 1 believe, in '96. I have told you that I want to be very clear and I think staff agrees the decision that we have made is not a good decision for the Omni area. It is not a good decision for the City of Miami. However, I am prepared to live with that. I just think that we need to all be on notice as to what we have agreed on, and I am particularly concerned as we have gone through the area, for example, in identifying many of the needs of the Omni area such as the park where we have worked to develop a master plan, but that master plan is going to be far in excess of the amount of money available. There is this assumption in the Omni that because of the development much of the money from the Omni Tax Increment District will be available for that park. And, what I keep hearing is that we are talking past everybody. The deal that we have commits one hundred percent of all of the tax increment districts, effectively one hundred percent of all of the tax increment districts for the next 20 years to the Omni. There will be no money for road improvements, sidewalk improvements, park improvements or any other improvements. Lighting improvements other than the monies that come off the top. Ms. Dena Bianchino (Assistant City Manager): Correct. Commissioner Teele: And, I would like for the management to... I would like to yield to the management because again, a deal is a deal. The City signed the deal. 1 wasn't here, but I think we need to be very clear as to what the deal is and I think the Omni Advisory Board needs to be much clearer as to what the deal is. And, I would ask the management to respond or correct me if I am wrong on anything. Chairman Plummer: Dena. 39 February 23, 1999 Ms. Bianchino: No, the arrangement that was reached with the City and an interlocal... the County and an interlocal agreement is that we would receive the first one point two million of tax increment revenue in the Omni district over a three year period. According to the County that figure has been reached. We have not received all the money however. Beyond the one point two million, everything up to one point four three million dollars ($1,043,000) in... Commissioner Teele: Per year. Ms. Bianchino: ... per year and in the Omni tax increment district goes to pay off the Performing Arts Center bonds. And there will be the only potential increase in revenue to the Omni district would be anything above one point four three million. Chairman Plummer: How much? Commissioner Teele: And, Dena, how much are we collecting right now? Chairman Plummer: So far. Vice Chairman Gort: Eight hundred. Commissioner Teele: Annually. Ms. Bianchino: Well, what we have collected since the... Commissioner Teele: No, the annual payment. Because, see the one point four is sort of a meaningless number if you... Vice Chairman Gort: Eight hundred thousand. Commissioner Teele: It's roughly about seven hundred thousand dollars ($700,000) is the high end of that number. Ms. Bianchino:... Let me just... Commissioner Teele: It's been five hundred... Ms. Bianchino: Yes.. It took us three years to get to the one point two. However, I might add that, you know we are having a lot of development in Omni now with the Miramar Apartments and other things, so it may be a quicker jump-up although I don't know how much further than one point three, one point four three, it's ever going to get. Chairman Plummer: OK, Mr. Joseph... Mr. Joseph: Mister... Commissioner... Chairman Plummer: ... and Mrs. Klug... Ms. Eleanor Kluger: Kluger. Chairman Plummer: Kluger. 40 1 February 23, 1999 Mr. Joseph: Mr. Chair, Commissioner Teele, Mr. Commissioners, when you are sitting as the CRA when we had originally- discussed, the funds are now in the process of coming in, approximately six hundred and eighty-seven thousand dollars one hundred and sixteen ($687,116.00)..Now. it took us three years to get the County to finally. sign the check, and I assume that's finally been done because of Chairman Teele's tenacity... Chairman Plummer: Have we received the check? Mr. Joseph: ... to get... Yes, ma'am. I am sorry, she... I am sorry, she... Ms. Bianchino: My Finance Department tells me that we have not received any tax increment money from Omni. I don't know... Vice Chairman Gort: It's in the mail. Mr. Joseph: Yeah, well I never understand because the County has written it and I understood the City received it. That's what happened to us for five years prior, the funds were there and, then, they were allocated into General Fund and that's why we never had. Commissioner Teele: No, that's not true. The funds, no funds... First of all, no funds ever came from the CRA. Chairman Plummer: Never had any. Commissioner Teele: No funds ever came from the County. The only time the County has started talking about writing a check was in October, November when I said we should review the deal because it's a bad deal, OK. The amount of money that is coming in is retroactive money. In other words, this deal has been going on now for five years. They have agreed to fund the last three years as I understand it which essentially gets you to one point two million dollars ($1,200,000). And, this is the point, the day the City receives the money and cashes the check and that's what we have been saying. We need to make sure that we all know what we are doing right here because the day we deposit that check, we have, essentially, endorsed the deal again, OK. And, the bottom line is this, once we cash those checks there is no more money coming for the improvements of the Omni for the next ten years. And, I just think it's very, very important that we understand that. Now, there will be monies coming in, but as Dena has said, all of that money which is about seven hundred thousand a year, eight hundred thousand a year, all of that money up to one point four million dollars a year goes directly back to the County. So, when the County writes the check they, basically, are saying here is the check, now send it back to us. And, I just think it needs to be very, very clear what we are doing here and the way I hear the discussions in the Omni Advisory Board meeting people think there is going to be more money for improvement of that area and that's just not true. Chairman Plummer: Mr. Joseph. Mr. Joseph: Mr. Chair, let me again, Chairman Teele on the CRA Chair. So, let me try to clear up my statement.' The Omni tax district money has been taxed from those people for over ten years. Those funds never were allocated because we never had a Interlocal. I didn't mean to imply that they stayed in the City of Miami General Funds, they stayed in the Dade County's General Funds. They were, then, used for some unknown reason for something else, we never got retroactive, so the constituents in the 41 . February 23, 1999 Omni district have always been saying when we voted for that increment fund, that we would one day get that pool back. We have never received it back only until your Chair helped us get... Commissioner Teele: But, Mr. Joseph, the point I am getting you to understand is, you're not going to get it back. That's the only point I want you to understand. Mr. Joseph: OK, now I... Commissioner Teele: As long as you understand that the Omni Advisory Board and the Omni taxpayers are not going to get any of their money back, all of that money is going to go to the Performing Arts Center. I am comfortable. Mr. Joseph: Yes. Commissioner Teele: I just don't want somebody to say we never were told the truth. Mr. Joseph: Correct. Now, if I may address the issue -of one other item, that cap that was put on for the one point two, one point three that we were going to get, one -four... Chairman Plummer: First. Ms. Bianchino: No, we get the one point two, first. Commissioner Teele: No, no, they get the one four. Mr. Jospeh: No, no, we get the one point... Ms. Kluger: Two, Mr. Joseph: One point two first. Ms. Bianchino: Right. Commissioner Teele: Yeah. Mr. Joseph: Then, they get up to one point four. Then, the cap over that, what happens, ma'am? Ms. Bianchino: It comes back to the Omni tax increment district. Mr. Joseph: That's what I am trying to express that to you. Ms. Kluger: ... spend that money. Mr. Jospeh: She wasn't... one voice. Commissioner Teele: Yeah, and what I am trying to tell you, Fred, is this. Look, it's real simple. Mr. Joseph: Yes, sir. 42 . February 23, 1999 Commissioner Teele: I want to just..,., This agreement, this tax increment district was created, you are right, in 1990. In 1989, 1990 legislatively. Mr. Joseph: 1990. Ms. Kluger: In December. Mr. Joseph: Yes. 0 Commissioner Teele: Legislatively, but Interlocal Agreement was never entered into. Beginning about in '93, '94, the City started withholding money from the district and without money from the General Fund putting it in the district, maybe '94. Is that a good number, Mr. Dipak? '95? Mr. Parekh: No, sir, we never did... Ms. Bianchino: This agreement is... Chairman Plummer: No, no, it's later. Mr. Parekh: I.think the City contribution... Commissioner Teele: Yes, you did. Because what we did is... Unidentified Speaker: Here, this is for current year. Ms. Bianchino: No, but he's asking for 1993. Mr. Parekh: Sir, I think the City has always contributed.to the... both the CRAs. Commissioner Teele: I understand. Beginning of what year in the Omni? Mr. Parekh: I'll have to go back in the records. Commissioner Teele: That's what 1 said, in about 1994. Mr. Parekh: I think it's earlier than that, sir. Commissioner Teele: The County never put the money forward... Mr. Joseph: Correct. Commissioner Teele:: ... OK. Once the County realized that we were... that I was prepared to cause a review of the agreement and I never formally did that because the majority of the Commission is here to sign that agreement, then they said let's make payments. So, they are prepared and they have made or forwarded payments for two years, that is '97 and '98, OK. Mr. Joseph: Correct. Commissioner Teele: The County, the City has had payments for four years, in fact, what we did, J.L. and you know everybody thought it was some trick. But, what we did is we removed the last two years 43 February 23, 1999 out of the CRA budget into a special reserve for the Omni. In other words, as a part of the bud_et massarnations of last year, we moved about seven hundred thousand? Ms. Bianchino: Yes, sir. Commissioner Teele: Seven hundred thousand dollars ($700,000) of money that we had put into the CRA. I said take it out of the CRA budget and put it in a reserve budget because the County was not going to match that money, and why keep it there. So where we are right now is this, we have the County's willingness to pay, the full two, the two years, not the four years, not the ten years, but the two years. The day we deposit a check from them we start writing them a check going back and the point is this Fred, we get no more money for the improvement of the Omni area other than, other than the initial one point two million dollars ($1,200,000) or one point... Ms. Bianchino: One point two. Commissioner Teele: One point two million dollars ($1,200,000) until we start receiving more than one point four. There is no way that we will receive more than one point four million dollars for the next seven to ten years, optimistically. You can get all the models you want. And, so what I wanted to be very clear Commissioner Plummer because this is your district, and to the Omni leadership that there is not going to be any money at all for the Omni improvements for the next five to seven years from the tax increment district. All of that money will come from the City, they will write a check, to the CRA. The County will write a check to the CRA. The CRA will then turn around and write the full check, they don't even get to keep administrative costs, do they? Ms. Bianchino: Actually, there is a provision in the contract where the CRA is illegible to collect 20 percent... Commissioner Teele: That by, up to state law, yeah. Up to 20 percent for administration, but essentially, all of the money goes back out the door to the Performing Arts Center. And as long as everybody understands that, there is really no big debate. We don't have to do anything. This is what the Commission has approved in '96, the Interlocal Agreement. Ms. Bianchino: Yes, sir. Commissioner Teele: That we execute in '96, they only signed this year. And, why I thought it was important is because we have to either start complying with this, beginning, actually we have until March to write the check for FY '99, under the state law, and they have to... And, there will be no money available for the park improvements or any of these others coming from the tax increment district. Chairman Plummer: Mr. Gort. Vice Chairman Gort: I have a question. My understanding was that the funds that we are going to receive now can be utilized by the CRA. Commissioner Teele: The one point two. Mr. Joseph: Yes, sir. Vice Chairman Gort: That we don't have to provide the one point two until a bond issue is done. 44 February 23, 1999 Mr. Joseph: No. _ Ms. Bianchino: That's correct, sir. Vice Chairman Gort: So, the bond issue has not been done, so... Mr. Bianchino: No, wait. Vice Chairman Gort: ... the CRA is entitled... Commissioner Teele:: No, no, no, listen. Ms. Bianchino: We will have one point two million dollars that the City CRA can spend as they wish. The bonds have been sold. They were sold in 1996 and 1997. Chairman Plummer: That's for the Omni. Ms. Bianchino: No; for the Performing Arts Center. Mr. Joseph: Performing Arts Center. Ms. Kluger: No, for the Performing Arts.Center. Commissioner Teele: For the Performing Arts Center. Ms. Bianchino: So, the bonds are sold. So, what Commissioner Teele said is correct, that after the one point two we get we can spend on whatever we want, it's gone now to the Performing Arts Center. Vice Chairman Gort: So, the first one point two, we can't expect. They can have it. Ms. Bianchino: Absolutely. Vice Chairman Gort: That's... Commissioner Teele: And, we get the one point... Vice Chairman Gort: OK, that's was my understanding. OK, all right. Commissioner Teele: Yeah, but the one point two is essentially our money. I mean, when you take the City taxes and multiply it times four that's over one point two. The fact of the matter is, the County is getting our money and their money, and as long as we all understand that then there is no question. All of the one point two million dollars ($2,000,000) is going to go for the park. Chairman Plummer: Mr. Joseph, to wrap up. Vice Chairman Gort: But let me finish the question. My understanding, Teele, because I inherited this when I walked in, when I was elected in '93. My understanding was in several public hearings that we had the Omni people understood that and they were committed to do that in public hearings that were taking place. 45 February 23, 1999 Chairman Plummer: It was a bad deal from the very.beginning. It's a bad deal now and it's going to get worst as time goes on. Mr. Joseph. Ms. Kluger. Ms. Kluger: This is the first time that we are hearing that someone is telling us that we will not exceed one point four three.mil in seven to ten years. And that does put another... Chairman Plummer: You heard that from me... Ms. Kluger: We have heard that statement, but we had expected that all of the development that would happen in the Omni would bring those kinds of dollars that would exceed one point four. Chairman Plummer: Remember, we even talked about that one of the condominiums was going to... one of the apartments was going to go condominium which would drop it below the eight hundred thousand down into the six hundred thousand dollar ($600,000) range. Knowing fully well that you have got to get far in excess of that, that's where I have said all the way along, it was a damn bad deal. Commissioner Teele: It's a horrible, horrible deal. Mr. Joseph: Well we, we did not make the deal. Ms. Kluger: Right. Mr. Joseph: We were after the fact, and Chairman Teele helped us understand that when that transpired. The County was making the deal... Ms. Kluger: With the City. Mr. Joseph: ... with the City on an or else basis. Chairman Plummer: Huh. Mr. Joseph: And, we found ourselves... Chairman Plummer: With a razor to our throat. Mr. Joseph: Yes. And we found ourselves stuck with it after we approved the increment. We did not know and if I am... Correct me if I am wrong. We had no clue where the Performing Arts was going when we signed the Interlocal. I mean, when we signed for the tax increment. We had no clue of it. You were still trying to put it on the Miami River, the City Commission. Chairman Plummer: All right, Mr. Joseph, what are you trying to accomplish today? Because, 1... Mr. Joseph: Today, we only want to know, are we going to meet again on a CRA basis. This Commission sets the dates. We want to know today and this lady is correct, the funds are not in, why aren't they? Because we have been told that they are, and where are they? The other item we want to know is, we need to be able to tell the constituents in the Omni for five years, five, five consecutive years, you've been telling us help get this project going. We got a new lady behind me that's executive director for that area for the CRA, we need to move forward with a project. Nobody is expecting to outlive this, we just want to see something start. 46 February 23, 1999 Chairman Plummer: Mr. Joseph, may. I make a, suggestion to you, to Commissioner Teele and the administration. The day the check is received by the City, you notify Chairman Teele of the CRA and he can call immediately after that a meeting as quickly as he wants. To meet without the check. I think is a waste of time. Commissioner Teele: Mr. Chairman Chairman Plummer: Mr. Teele. Commissioner Teele: To meet with or without the check is going to a colossal waste of time. The point is this, the one point two million dollars ($1,200,000), we have that money. The City has that money. OK. We have our portion of it. We know that you have a park plan. We know that the cost of the park is about three million dollars ($3,000,000) OK. Ma'am. Ms. Kluger: Yes. Commissioner Teele: Huh? Mr. Joseph: One point eight. Commissioner Teele: One point eight, but that doesn't include some of the... Well, one... Let's say one point eight million dollars ($1,800,000). We have a shortfall of six to seven hundred thousand dollars ($700,000). I just --it's just important for everybody to understand that there is no more money coming. In other words, the one point two is all we get, and we are going to have to live with that. I am committed to working with Commissioner Plummer and the rest of the Commission in finding more money. But, I am very concerned and I think Commissioner Plummer should be concerned that there continues to be this view in the Omni that there is more money coming each year from the tax increment district. And so, I will be very happy to set a meeting whenever it is convenient. I hope we can agree on a date for a meeting today, Commissioner. Today is the 22"d, what about? What day is convenient? Chairman Plummer: Monday evening to the best for me. Commissioner Teele: All right, Monday, March the is'. Chairman Plummer: That's fine with me. Commissioner Teele: What about you, Commissioner Regalado. Chairman Plummer: No, no. I am sorry. I have got a Coconut Grove meeting. Ms. Kluger: There is another meeting on... FDOT (Florida Department of Transportation) is having a meeting or something to do with the Expressway 3-95 on Miami Beach. Chairman Plummer: How about, how about the 6`h. Is it the 61h9 No the 81h. Commissioner Teele: The 8'h. All right, Monday the 8`h at... Chairman Plummer: So be it. Commissioner Teele: ...four o'clock we will meet at the Omni. 47 February 23, 1999 Mr. Joseph: I'll notify you of location. I'll... Commissioner Teele: Double Tree Hotel. Mr. Joseph: Yes. Chairman Plummer: The Grand. Commissioner Teele: At The Grand. Vice Chairman Gort: Commissioner. Commissioner Regalado: That will be, Mr. Chairman, when? Commissioner Teele:. CRA. Chairman Plummer: We are way over our time frame here. Commissioner Regalado: Yeah, when? March... Chairman Plummer: March the 8`h. Commissioner Teele: March the eighth. Mr. Joseph: Thirty seconds. Chairman Plummer: Thirty seconds, that's it. Mr. Joseph: This is what we have lived with for ten years while we had other parks... and the money is in the bank for other parks, like the County bond issue and the City's Park Service. This is what we're asking you to, finally, change to something. This is what you've left. Do you think people want to build around this facility... Commissioner Teele: But, Fred, in fairness, the City, and the CRA is a part of the City, has been very, very responsive in helping you come to, work with a consensus to get this plan. And, in fact, the plan, it's been funded out of the CRA administrative budget. So, 1 mean... Chairman Plummer: All right, that wraps it up for March the 8`h. Eleanor, do you...? Did you want to say something. Ms Kluger: Well, not only did we want to do the park, but we had three or four other areas that we were trying to do with money, and this really comes pretty hard to find out that we won't get any dollars for seven years. Vice Chairman Gort: It's'a shame you were not at the last DDA (Downtown Development Authority). We had a new proposal that came in front of us and the Omni plans came as part of the project that we wanted to take to Tallahassee to get some funding -for this. Chairman Plummer: And, you also get three hundred thousand from the park bond issue. 48 February 23, 1999 Vice Chairman Gort: Get a hold... Mr. Joseph: Correct, that will work fine. Chairman Plummer: This Commission will reassemble at two thirty. Ms. Kluger: That's nothing is what we need, and the taxes we pay. Vice Chairman Gort: Two forty-five. Chairman Plummer: What time? Commissioner Regalado: Three. Commissioner Teele: Eleanor... Chairman Plummer: - You want three o'clock? Commissioner Regalado: Three, three, three. Chairman Plummer: Everybody want three o'clock? Commissioner Regalado: Yes, yes. Chairman Plummer: We'll be back at three o'clock. THEREUPON, THE CITY COMMISSION WENT INTO RECESS AT 12:34 P.M. AND RECONVENED AT 3:03 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION, EXCEPTING COMMISSIONERS GORT AND REGALADO FOUND TO BE PRESENT [Comments made prior to reconvening.] Chairman Plummer: Mr. Manager. I need to talk with a Finance Director, because I think we need to do an audit. All right, I have number two. Actually, Bishop Teele is number one, I am number two. If we can get one more Commissioner. Commissioner Teele: Inaudible — off microphone. Chairman Plummer: Where is he? Oye, Trooper Joe. Thank you, sir. You produce, Longueira never does. 16. CONSENT AGENDA. I All right, ladies and gentlemen, this Commission is now in session. We are on the'Consent Agenda, that is item CA-2 through items CA-5. There is a CA-1, I stand corrected. Is there anyone wishing to pull any of the items of the Consent Agenda? Hearing none, is there anyone of the audience who wishes to speak to item CA-1 through CA-5? Hearing no one in... 49 . February 23, 1999 Commissioner Teele: Move it. Chairman Plummer: Moved by Teele... Commissioner Sanchez: Second. Chairman Plummer: ... seconded by Sanchez. Commissioner Sanchez: Second. Chairman Plummer: All in favor say "aye" The Commission (Collectively): Aye. Chairman Plummer: All opposed? Show unanimous. NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY COMMISSION, IT WAS DETERMINED THAT ANY CONSENT AGENDA ITEM WHICH IS PULLED BY A GIVEN COMMISSIONER FROM THE CONSENT AGENDA FOR FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE AUTOMATICALLY DEFERRED AND SCHEDULED AS A REGULAR ITEM ON THE NEXT AVAILABLE AGENDA. THEREUPON MOTION DULY MADE BY COMMISSIONER TEELE AND SECONDED BY COMMISSIONER SANCHEZ, THE CONSENT AGENDA ITEMS WERE PASSED BY THE FOLLOWING VOTE: AYES: Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Tomas Regalado Vice Chairman Wifredo Gort [Note: Although absent during roll call, Commissioner Regalado and Vice Chairman Gort requested of the Clerk to be shown as being in agreement with the motion.] 50 February 23, 1999 6 . 1 AUTHORIZE THE FUNDING OF CRIME STOPPERS OF MIAMI-DADE COUNTY, INC., IN THE AMOUNT OF $10.000; ALLOCATE FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, PROJECTS NOS. 690001, 690002 AND 690003. RESOLUTION NO. 99-128 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE FUNDING OF CRIME STOPPERS OF MIAMI- DADE COUNTY, INC., IN THE AMOUNT OF $10,000; ALLOCATING FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NOS. 690001, 690002 AND 690003, SUCH EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH THE DEPARTMENT OF THE TREASURY'S "GUIDE TO EQUITABLE SHARING" AND FLORIDA STATUTE, SECTION 932.7055, AS AMENDED. 6.2 APPROVE THE PROCUREMENT OF PROTECTIVE EQUIPMENT FROM METRO USA, UNDER STATE OF FLORIDA CONTRACT NO. 680-000-99-1, ON AN AS NEEDED, WHEN - NEEDED CONTRACT BASIS UNTIL JULY 19, 1999, FOR THE DEPARTMENT OF POLICE IN AN AMOUNT NOT TO EXCEED $56,000; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 00 1000.290201.6.075. RESOLUTION NO. 99-129 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF PROTECTIVE EQUIPMENT FROM METRO USA, UNDER STATE OF FLORIDA CONTRACT NO. 680-000-99-1, ON AN AS -NEEDED, WHEN - NEEDED CONTRACT BASIS UNTIL JULY 19, 1999, FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $56,000.00P; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 001-/290201.6.075. 51 February 23, 1999 6.3 APPROVE FURNISHING AND INSTALLATION OF SHELVING FROM ADAPTO STORAGE PRODUCTS — FOR THE DEPARTMENT OF POLICE — AT TOTAL COST NOT TO EXCEED $24,265.13 — ALLOCATE FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM, ACCOUNT CODE NO.312015.299401.6.840. RESOLUTION NO.99-130 A RESOLUTION APPROVING THE FURNISHING AND INSTALLATION OF SHELVING FROM ADAPTO STORAGE PRODUCTS UNDER MIAMI-DADE COUNTY CONTRACT NO. 0245-2/01-OTR-CW-SW, FOR THE DEPARTMENT OF POLICE, AT A TOTAL COST NOT TO EXCEED $24,265.13; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM, ACCOUNT CODE NO.312015.299401.6.840. 6.4 ENDORSE CODESIGNATION, BY MIAMI-DADE COUNTY, OF N.E. 2 AVENUE, FROM N.E. 54 STREET TO N.E. 79 STREET, MIAMI, FLORIDA, AS "FELIX MORISSEAU-LEROY AVENUE." RESOLUTION NO.99-131 A RESOLUTION OF THE MIAMI CITY COMMISSION ENDORSING THE CODESIGNATION, BY MIAMI-DADE COUNTY, OF N.E. 2 AVENUE, FROM N.E. 54 STREET TO N.E. 79 STREET, MIAMI, FLORIDA, AS "FELIX MORISSEAU-LEROY AVENUE'; DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION OT THE HEREIN DESIGNATED ADDRESSES. 6.5 AUTHORIZE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $30,000 TO THE INTERNATIONAL TRADE BOARD ("ITB") — FOR CREATION OF INTERNET WEBSITE TO MARKET THE CITY OF MIAMI AS AN INTERNATIONAL LOCATION FOR BUSINESS AND INDUSTRY — ALLOCATE FUNDS THEREFOR FROM THE BLUE RIBBON PANEL INITIATIVES FUND.FOR BUSINESS AND INDUSTRY. RESOLUTION NO.99-132 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED $30,000 TO THE INTERNATIONAL TRADE BOARD ("ITB") FOR THE CREATION OF AN INTERNET WEBSITE TO MARKET THE CITY OF MIAMI AS AN INTERNATIONAL LOCATION FOR BUSINESS AND INDUSTRY; ALLOCATING FUNDS THEREFOR FROM THE BLUE RIBBON PANEL INITIATIVES FUND. 52 February 23, 1999 7 . RATIFY, APPROVE AND, CONFIRM CITiY„MANAGER'S FINDING OF SOLE SOURCE — WAIVE THE .REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES — APPROVE PURCHASE OF EIGHT (8) CAIRNS -IRIS HELMET MOUNTED THERMAL IMAGING SYSTEMS FROM CAIRNS & BROTHER, INC., CAIRNS -IRIS DIVISION — SEE LABEL 11. Chairman Plummer: We are now on regular agenda, item two. The helmets for life savings facilities with the Fire Department. Moved by Sanchez, seconded by Teele. All in favor sav "ave." Commissioner Teele: Aye. Chairman Plummer: All opposed? Show unanimous. Item three. Mr. Alejandro Vilarello (City Attorney): This requires a four -fifths vote. Chairman Plummer: I am sorry, you are correct. We'll take that one again on a four -fifths. But, don't let me for get, that is very important for the Fire Department. The following motion was introduced by Commissioner Sanchez, who moved its adoption: MOTION NO. 99-133 A MOTION RARIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENT FOR COMPETITIVE SEALED BIDDING PROCEDURES AND ' APPROVING THE PURCHASE OF EIGHT CAIRNS -IRIS HELMET MOUNTED THERMAL IMAGING SYSTEMS FROM CAIRNS & _ BROTHERS, INC., CAIRNS -IRIS DIVISION, AT AN AMOUNT NOT TO EXCEED $190,000. Note: This motion was later formalized by Resolution 99-136, which required a four/fifths vote of the full Commission. Upon being seconded by Commissioner Teele, the motion was passed and adopted b the following vote: AYES: Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Tomas Regalado Vice Chairman Wifredo Gort [Note: Although absent during roll call, Commissioner Regalado and Vice Chairman Gort requested of the Clerk to be shown as being in agreement with the motion.] 53 February 23, 1999 8. ELECT TO USE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS FOR THE COST OF SOLID WASTE SERVICES AND FACILITIES LEVIED IN THE INCORPORATED AREA OF THE CITY OF MIAMI, FLORIDA — SEE LABEL 27. Chairman Plummer: Number three. Number three is uniform method of collecting non -ad valorem special assessments. Commissioner Sanchez: Moved. Commissioner Teele: Moved. Chairman Plummer: Moved by Sanchez, seconded by Teele. Mr. Manager, for the record I was besieged last night thinking this was more fees of some kind. It's just a method of tax... Mr. Donald H. Warshaw (City Manager): That's correct. Mr. Alejandro Vilarello (City Attorney): That's correct. Chairman Plummer: OK. And, it saves how much, two hundred thousand dollars ($200,000)? Mr. Warshaw: One hundred and twenty-seven. Chairman Plummer: In postage. All right, all in favor say "aye." Commissioner Sanchez: Aye. Chairman Plummer: Any opposition? Show it unanimous. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-134 A RESOLUTION OF THE MIAMI CITY COMMISSION,W ITH ATTACHMENT, ELECTING TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS FOR HT ECOST OF OSLID WASTE SERVICES AND FACILIYTIES LEVIED IN THE INCORPORATED AREA OF THE CITY OF MIAMI, FLORIDA; STATING A NEED FOR SUCH LEVY; DIRECTING THE TRANSMITTAL OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 54 February 23, 1999 (Here follows , body of resolution, omitted Here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Sanchez . Commissioner Arthur E. Teele, Jr. Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Tomas Regalado Vice Chairman Wifredo Gort [Note: Although absent during roll call, Commissioner Regalado and Vice Chairman Gort requested of the Clerk to be shown as being in agreement with the motion.) 9. PERSONAL APPEARANCE: LUCIA A. DOUGHERTY, FROM GREENBERG AND TRAURIG — CONSENT TO PURCHASE OF SOUTHWEST TRANSPORT, INC. D/b/a A SOUTHLAND TOWING COMPANY "SOUTHLAND") STOCK BY ROADONE, A DIVISION OF MILLER INDUSTRIES, A NEW YORK STOCK EXCHANGE COMPANY WITH CONDITIONS. - Chairman Plummer: Item four. Lucia Dougherty of Greenberg Traurig for transfer of a towing license. Moved by Sanchez, seconded by Teele. All in favor say""aye." Commissioner Teele: Wait, wait, wait. Doing what now? Chairman Plummer: It's transferring of a wrecker service from one company to another. Commissioner Teele: Why is it under personal appearance? Chairman Plummer: Mr. Manager, the question is, why is it under personal appearance? Mr. Donald H. Warshaw. (City Manager): This was a request by Ms. Dougherty to appear before the Commission. Chairman Plummer: That's... Does that satisfy you, sir. Moved by Teele, seconded by Sanchez. Mr. Alejandro Vilarello (City Attorney): Under discussion. Chairman Plummer: Under discussion. Mr. Vilarello: Ms. Dougherty, is there a new letter of credit to be provided by the new entity? Chairman Plummer: Subject to a new letter accrediting... 55 February 23, 1999 Ms. Dougherty: There is no new entity. It's the same entity. All this is, is a purchase of stock by a New York stock exchange company, but the entity is the same. He had the same contractor. Mr. Vilarello: OK. Chairman Plummer: The resolution is subject to the City Attorney receiving whatever documents necessary. All in favor say "aye." Opposed? Show unanimous. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-135 A RESOLUTION OF THE MIAMI CITY COMMISSION CONSENTING TO THE PURCHASE OF THE STOCK OF SOUTHWEST TRANSPORT, INC. DB/A SOUTHLAND TOWING COMPANY BY ROADONE, A DIVISION OF MILLER INDUSTRIES, A NEW YORK STOCK EXCHANGE COMPANY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner Arthur E. Teele, Jr. Commissioner Joe Sanchez Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: Vice Chairman Wifredo Gort Commissioner Tomas Regalado [Note: Although absent during roll -call, Commissioner Regalado and Vice Chairman Gort requested of the Clerk to be shown as being in agreement with the motion.] 10 . PERSONAL APPEARANCE: ANTHONY HAMILTON — TO ADDRESS COMMISSION CONCERNING SPECIAL OLYMPICS FUNDRAISING EVENT. Chairman Plummer: Mr. Anthony Hamilton... Ms. Ann .Sterling (Chief-of-Staff/Chairman Plummer's Office): Of your district. Chairman Plummer: ...who wishes to speak on the Special Olympics fund raising event. Mr. Hamilton, you are on, sir. Mr. Walter J. Foeman (City Clerk): Give him the podium. [phonetic] 56 . February 23, 1999 Mr. Sterling: He wants to stand., You, can stand up or you can use the mike. Why don't... You're sure you don't want to use the mike? OK. No he doesn't want to use the mike, he wants to stand up. Are you sure? Chairman Plummer: Everything all right? Ms. Sterling: He doesn't want to. He wants to stand. Mr. Anthony Hamilton: I want to stand up. Good after... Chairman Plummer: Nice to have you here, sir. Mr. Hamilton: Nice to be here, thank you, sir. Good afternoon, Commission. My name is Anthony Hamilton. I am here to try to raise money for the Special Olympics. I live in Coconut Grove, off Bayshore Drive in Yacht Harbor. This foundation that I have here... hold on a second [phonetic] Unidentified Speaker: Are you OK? Mr. Foeman: Give him the mike. Mr. Hamilton: [inaudible] Ms. Sterling: Do you need something else? This one? Or the big one, OK. Mr. Foeman: Give him the... Ms. Sterling: He doesn't want it. Chairman Plummer: OK, that's the poster. Very good, sir. Commissioner Sanchez: It's the Special Olympics. Mr. Hamilton: Thank you. Ms. Sterling: There you go. Mr. Hamilton: The Special Olympics... summer games, Saturday, March 27, '99, 8:00 a.m. to 3:00 p.m. North Dade Stadium, FIU (Florida International University) North Campus. In the memory of David Singer, on behalf of the Yachtmen's Club of North Miami, I would like to accept donations for the Special Olympics to help them... the people who need it. In Coconut Grove... We all have a lot of money or wouldn't be here. Let's try and help those people who need it. We don't need it. They need it. So, I'm asking for... to help out the special Olympics. Thank you. Ms. Sterling: J.L., can you tell what number to call? Chairman Plummer: 1 am sorry. Ms. Sterling: Will you tell him what phone number to call? Chairman Plummer: The phone number to call is 935-4733. 57 February 23, 1999 Ms. Sterling: There you go. Chairman Plummer: If you want to be a volunteer or want to be involved, 935-4733. Ms. Sterling: Thank you. Chairman Plummer: Thank.you, Mr. Hamilton. NOTE: COMMISSIONER REGALADO ENTERED THE COMMISSION CHAMBERS AT 3:07 P.M. 11. FORMALIZE MOTION 99-133 RATIFYING SOLE SOURCE FINDING FOR PURCHASE OF EIGHT CAIRNS -IRIS HELMET MOUNTED THERMAL IMAGING SYSTEMS FROM CAIRNS & BROTHERS, INC. — FOR FIRE -RESCUE — AT AMOUNT NOT TO EXCEED $190,000 — ALLOCATE FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROGRAM, "FIRE -RESCUE EQUIPMENT," PROJECT NO.313304, ACCOUNT CODE NO.289401.840 — SEE LABEL 7. Chairman Plummer: May we go back, please, now to item three. I am sorry, item two where we need a four -fifths vote. Moved by Sanchez, seconded by Teele. This is the fire helmets, item two. OK, all in favor say "aye. The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show unanimous. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO.99-136 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A 4/5THS AFFIRMATIVE VOTE "OF THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PURCHASE OF EIGHT (8) CAIRNS -IRIS HELMET MOUNTED THERMAL IMAGING SYSTEMS FROM CAIRNS & BVROTHER, INC., CAIRNS -IRIS DIVISION, THE SOLE SOURCE PROVIDER FOR HTIS ACQUISITION, FOR THE DEPARTMENT OF FIRE -RESCUE, AT AN AMOUNT NOT T EXCEED $190,000.00; ALLOCATING FUNDS THEREFOR FROM THE CAPITAL IMPROVEMENT PROGRAM, "FIRE -RESCUE EQUIPMENT", PROJECT NO. 313304, ACCOUNT CODE NO.289401.840. 58 February 23, 1999 (Here follows body of resolution, omitted 'here and on file in' the Office of the City Clerk.) . Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: Vice Chairman Wifredo Gort [Note: Although absent during roll call, Commissioner Regalado and Vice Chairman Gort requested of the Clerk to be shown as being in agreement with the motion.] 12. TABLE CONSIDERATION OF PROPOSED EMERGENCY ORDINANCE RELATING TO VALET PARKING IN COCONUT GROVE; AMENDING ORDINANCE NO. 11543 BY EXTENDING TIME AUTHORIZED FOR VALET PARKING IN CERTAIN PUBLIC RIGHTS -OF -WAY IN COCONUT GROVE FOR AN ADDITIONAL SIX (6) MONTHS FROM THE DATE OF THIS ORDINANCE — SEE LABEL 28. Chairman Plummer: Mr. Mayor, you want to take over or you want me to continue? Mayor Carollo: Go ahead. Chairman Plummer: We are now up to item six, the valet parking in Coconut Grove. Mr. Cook? Mr. Longuiera? Administration. Proceed. Mr. Raul Martinez (Assistant City Manager): And, Commissioner, it's your item, but I was just going to address you to let you know that Off-street Parking has been putting together a Citywide and an area specific valet parking ordinance and they are about three months away from finishing the public hearings and hearings with the different committees to come up with a bonified ordinance. The one enforcement that we have right now because of some of the issues such as the price, one thousand dollars ($1,000) per permit per month, it's cost prohibited and right now we do not have one company in the whole City that has come for a permit since we enacted this two, three, four, five years ago. Chairman Plummer: Well, then why are we handling it as an emergency? Mr. Martinez: I am not sure, sir. Chairman Plummer: I mean, if we are not prepared to move forward, I don't know why we're handling it as an emergency. 59 February 23, 1999 Mr.. Martinez: I am not sure who put it in the agenda.- I just saw it in there. I am addressing as to the... our ongoing issue. We have been working on this with the Law Department, Off-street Parking since about November of last year. Chairman Plummer: Oh, all right. So, we were asking... According to the Manager, we are askins for a six-month extension on the present ordinance, is that what we are talking about? But nobody is paying the fee. Mr. Martinez: That is correct, sir. Chairman Plummer: So, what do you? What.are you recommending, Mr. Manager. Mr. Martinez: Well... Mr. Donald H. Warshaw (City Manager): I think we should move forward with it. Chairman Plummer: Are you saying, grant the extension? Mr. Warshaw: Yes. Chairman Plummer: OK,,but if they are not paying a fee... Mr. Warshaw: Well, I think this, at least, legitimizes the fact that there is, you know, concurrence.from the City that they are allowed to continue. Chairman Plummer: All right, so what you are saying is, you are recommending a six-month extension? Mr. Warshaw: Yes. Chairman Plummer: All right. Mr. Alejandro Vilarello (City Attorney): Could I ask for a deferral on this item for at least 15 minutes or so I can speak with Mr... Chairman Plummer: Absolutely. Mr. Vilarello: Thank you. Chairman Plummer: The item is deferred until the City Attorney brings it back. 60 February 23, 1999 13 . APPROVE FIRST READING ORDINANCE ESTABLISHING NEW SPECIAL REVENUE FUND ENTITLED "SOLID WASTE REDUCTION, RECYCLING AND EDUCATION (FY '99)" — APPROPRIATE STATE OF FLORIDA GRANT FUNDS FOR $291,204, FOR THE OPERATION OF SAME. Chairman Plummer: Item number seven. Solid Waste reduction, recycling and education. Mr. Patterson. Mr. Clarence Patterson (Director, Solid Waste): Yes, sir. Chairman Plummer: Is there anything you wish? This is a grant of money... Mr. Donald H. Warshaw (City Manager): Yes. . Chairman Plummer: ... of one hundred and seventy-two thousand dollars ($172,000). Moved by... Mr. Warshaw: Two hundred and ninety-one thousand total. It's two separate grants. Commissioner Sanchez: Moved. Chairman Plummer: All right. Moved by Sanchez. Commissioner Regalado: Second. Chairman Plummer: Seconded by Regalado. Read the ordinance. Call the roll. An Ordinance entitled - AN ORDINANCE OF . THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED "SOLID WASTE REDUCTION, RECYCLING AND EDUCATION (FY '99)" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $291,204, FOR THE OPERATION OF SAME, CONSISTING OF TWO GRANTS FROM THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL REGULATION (FDER), ENTITLED "RECYCLING AND EDUCATION GRANT (FY '99)", IN THE AMOUNT OF $172.025 AND "WASTE TIRE GRANT (FY '99)", IN THE AMOUNT OF $119,179; AUTHORIZING THE CITY MANAGER 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; PROVIDING FOR AN EFFECTIVE DATE. 61 February 23, 1999 was introduced by Commissioner Sanchez, seconded by Commissioner Regalado, and was passed on first reading by title only, by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: Vice Chairman Wifredo Gort The City attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. [Note: Although absent during roll call, Vice Chairman Gort requested of the Clerk to be shown as being in agreement with the motion.] 14. AUTHORIZE DISPLAY OF BANNER ON FORMER SEARS TOWER, LOCATED ON BISCAYNE BOULEVARD, ANNOUNCING DEVELOPMENT OF THE PERFORMING ARTS CENTER DURING THE PRE -CONSTRUCTION PHASE, UNTIL JANUARY 31, 2000. Chairman Plummer: Item eight is to allow the Performing Arts to have a banner across the street... Commissioner Sanchez: So moved. Chairman Plummer: Until January 31, of the year 2000., Moved by Sanchez, seconded by Regalado. All in favor say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show unanimous. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-137 A RESOLUTION OF 'THE MIAMI CITY COMMISSION AUTHORIZING THE DISPLAY OF A BANNER ON THE FORMER SEARS TOWER, LOCATED ON BISCAYNE BOULEVARD, ANNOUNCING THE DEVELOPMENT OF THE PERFORMING ARTS CENTER ON SAID, SITE DURING THE PRE - CONSTRUCTION PHASE, UNTIL JANYUARY 31, 2000, IN ACCORDANCE WITH 1925.3.3 OF THE CITY OF MIAMI ZONING CODE. 62 February 23, 1999 (Here follows body of resolution, omitted here and on file in the Office of the Ciry Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: Vice Chairman Wifredo Gort [Note: Although absent during roll call, Vice Chairman Gort requested of the Clerk to be shown as being in agreement with the motion.] 15. DISCUSS / DEFER CONSIDERATION OF AGENDA ITEM 9 (AUTHORIZE CITY MANAGER TO EXECUTE LEASE AGREEMENT ("AGREEMENT"), BETWEEN THE CITY OF MIAMI AND 8325 N.E. 2ND AVENUE, CORP — FOR LEASE OF APPROXIMATELY 28,019 SQUARE FEET OF OFFICE, CLASSROOM, AND WORKSHOP SPACE AT 8325 N.E. 2ND AVENUE — FOR OFFICE OF WORKFORCE DEVELOPMENT) — FURTHER DIRECTING ADMINISTRATION TO REVIEW PROPOSED LEASE AGREEMENT AND TO PROVIDE CITY COMMISSION WITH RECOMMENDATION FOR AUTHORIZED USE OF SAID FACILITY. Chairman Plummer: Item nine. Lease agreement, 8325 Northeast 2"d Avenue. I know there's a couple of people wish to speak to this issue. Let me have the administration side of the story first. Ms. Lori Billberry (Director, Asset Management): Basically, this is a lease with... Chairman Plummer: I would much happier if you'll tell me who you are and what you represent. Ms. Billberry: Lory Billberry, Asset Management. Chairman Plummer: Thank you. Ms. Billberry: This is a lease for the Workforce Development and it's at 8325 Northeast 2"d Avenue. It's for a lease for approximately 28.000 square feet. The price per square foot is thirteen dollars ($13) a square foot. That includes utilities and additionally the owner will be doing a build -out of about eight hundred thousand dollars ($800,000) worth of improvements for Workforce Development. Chairman Plummer: One other item that I was told, 1 think it's important to note, is a buy-out. Excuse me, a cut-out. We can cut -nut in 120 days? Ms. Billberry: There is a 180-day notice in the event we need to terminate if grant funding ceases. Additionally, if we need to downsize this phase, we can also downsize in the future. 63 February 23, 1999 Chairman Plummer: But if we cut-out in 120 days are we obligated for any expenses? Ms. Billberry: No, not after the one hundred and... No. Chairman Plummer: OK, anything else from the administration? Ms. Billberry: Unless you have questions. Chairman Plummer: OK. Yes, ma'am. Ms. Monique Taylor: My name is Monique Taylor. I have... Chairman Plummer: Your mailing address is? Ms. Taylor: My mailing address is 1271 Northeast 85`h Street in the City of Miami. I am the very mixed blessing of being a multi -property owner in the City of Miami. And, upon looking at the figures of this proposed agreement I became totally, I mean, I just absolutely could not understand. We have a building which is accessed at two hundred and seventy-five thousand dollars ($275,000) which is totally derelict which does not have any parking nor possibility of parking. It has a patch of weeds in the back about two feet, should have been cited a long time ago, actually the building should probably been demolished a long time ago that wasn't occupied. And, we are proposing to pay in the first year, three hundred and... three hundred and sixty-four thousand plus dollars which is essentially ninety thousand dollars ($90,000) more than the building is presently worth, or assessed at or one point thirty-two times the assessed value which means that would I own a house assessed at one hundred thousand dollars ($100,000), could I possibly expect one hundred and thirty-two thousand dollars ($132,000) in rental for the first year with a commitment extending to seven years for a total payment of two million five hundred and forty-nine thousand dollars seven hundred and twenty-eight forty-four ($2,549,728.44), which is nine point twenty- seven times the present assessed value of the building? This is totally, the numbers are totally, totally out of range... Chairman Plummer: All right, all right. Ms... Ms. Taylor: ... and it's not adequate for the facility because of the fact it does not have any parking Chairman Plummer: Ms. Warren. Ms. Gwendolyn Warren (Director, Community Development): Gwendolyn Warren, Director of Community Development. I will have to leave the value issues to Asset Management. But, what 1 would like to say is that a part of the lease agreement is for 75 parking spots adjacent to the building. It's a... It would be a condition of us entering into the lease. In terms of the current status of the building, what we are doing, and actually it's a building for Community Development that would house our Housing and Workforce Development Training Facility that we are going to be providing both construction trades, classroom training and computerized skills training, and the hospitality industry training for that particular target community. The monies are federal funds. They have been dedicated for the development of five training centers in the City of Miami. In this particular community, there were no current buildings that could satisfy our square footage need. The owner of the building is going to do the build -out to specifications. We'll provide the parking facility and it is intended to be a training school for that community as well as our Housing Department. 64 February 23, 1999 Ms. Taylor: May I ask a few questions? Where do you intend to have 75 parking spaces? Which buildings are you going to demolish to iccomplish that? Chairman Plummer: Well, that I guess is not our problem. They either got to provide 75 parking spaces or there is no contract. It's just that simple. Ms. Taylor: And in addition, why are you proposing more than thirteen dollars ($13) per square foot when comparable leases are about eight dollars ($8) per square foot? Ms. Billberry: Based on the comparables that were available to us in the neighborhood, they did not include utilities, nor would the owner do the type of built -out that's required for this type of facility. That is the reason that this was deemed to be a fair market value for us. With respect to the parking, there is an Off -Street parking within, I believe it's a block away, that the owner of this building is looking at contracting with Off-street Parking to provide that at no cost, additional cost under the lease. Ms. Taylor: At this point, you don't have the parking. The owner is looking into it? Ms. Billberry: It's a condition that he has to provide 75 parking spaces. Chairman Plummer: Without the parking he has no contract. Dr. Pierre. Dr. Larry Pierre: Excuse me. Larry Pierre, 8260 Northeast 2°d Avenue. I have lived in this building for, I mean, I have had my office in this building for the last eight years, and one of the things that we were proposing to do is to get the City to give us money to improve the building and we found it necessary after nine years to leave the building because nobody, including the owner, knows this building better than I am, than I do. So, when I look at the amount of money that the City wants to put to lease this building, I think it despicable to say the lease because the building does not worth this much money, and there is no way, no way in the world that, you know the building is not in good condition. There is enormous leaks around. The building is not in the condition to pay... 1 was leasing the building for twenty-five hundred dollars ($2,500) per month. So, I feel that it's my duty to come here... Commissioner Teele: Wait a minute, excuse me. You were leasing the building for twenty-five hundred dollars ($2,500) a month? Dr. Pierre: Yes. Commissioner Teele: The whole building? Dr. Pierre: We were... We are under the contract to use half of the building for twenty-five hundred dollars ($2,500) per month... Commissioner Sanchez: So, it's half the building. Dr. Pierre: ... for eight years, going into nine years we were leasing this building. Commissioner Teele: And, we are going to pay thirty thousand dollars ($30,000) a month? Dr. Pierre: Thirty dollars, thirty thousand a month, that's what I saw here, which is outrageous. 65 February 23, 1999 Chairman Plummer: Well, I assume yours was without, yours was without any improvements and without parking. And, I am not trying to justify it, but I am just listening here as to what they said. Dr. Pierre: But, there is no way... there is no parking in the building. There is a small parking in the back. In one previous meeting, Commissioner Teele suggested that they contact us because the City is already investing in the building. We're not currently occupying in that we are buying. Nobody ever contacted me. The next thing I know that was this, they were going to lease this for the same amount of money per month. This is unacceptable. Chairman Plummer: Thank you, sir. The floor is open for a motion. Commissioner Teele: Mr. Chairman. Chairman Plummer: Mr. Teele. Commissioner Teele: This again is in the area that I represent, and I would ask that the matter be - deferred, that the... Chairman Plummer: Is there a second? Commissioner Teele: ... for the purpose of allowing the Building and Zoning Department and the Audit and Management Department to review this lease for the following issues. One, is there parking? I know that traditionally this City has engaged in this despicable practice of putting money in government, in buildings that doesn't have parking, it doesn't even have garbage bins and all of that. I would like to ensure that this building fully meets Code, and 1 don't think that the Commission should be asked to ratify something before all of the terms have been met. In other words, if we are going to lease this building, we have to lease it with parking. It's premature to... Chairman Plummer: Or the contract. Commissioner Teele: ... bring it to us and say it won't go forward. Because if it does for whatever reason get leased and we don't have parking, then we have got the same problem, and that is, the City Commission failed to protect the citizens of Miami. And, secondly, I would ask for the Audit and Management... What office do we have? The Audit and Management is the County. Mr. Donald H. Warshaw (City Manager): Asset Management. Commissioner Teele: Huh? No, no who is the audit? Who does the management audits for the City? Mr. Warshaw: Elliott Prenner. Commissioner Teele: Is that the internal auditing? Mr. Warshaw: Yes, sir. Commissioner Teele: We don't have an external, we don't have a management audit? Whoever is responsible for management and audits to review this docu... this lease based upon the industry practice and working with the various departments, the Asset Management and Community Development and to give us over the Manager's signature, a strong recommendation that he believes that is not, you know, 66 . February 23, 1999 some more of this funny Miami contracting procedures which we all want to avoid. And, 1 think we have that right to ask to be assured in light of public testimony. So, I would ask that it be deferred. Chairman Plummer: is there a second to the motion on the floor? You are speaking now to the deferment. Commissioner Sanchez: I will second his motion out of respect. It's in his district. Chairman Plummer: Speaking to the deferment. All in favor say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposed? Show unanimous. The following motion was introduced by Commissioner Teele, who moved its adoption: MOTION NO.99-138 A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 9 (PROPOSED AUTHORIZATION OF LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND 8325 NORTHEAST 2ND AVENUE CORPORATION FOR THE LEASE OF APPROXIMATELY 2819 SQUARE FEET OF OFFICE, CLASSROOM,A ND WORKSHOP SPACE AT 8325 NORTHEAST 2"D AVENUE FOR THE OFFICE OF WORKFORCE DEVELOPMENT); FURTHER DIRECTING THE MANAGER TO INSTRUCT THE DIRECTOR OF THE DEPARTMENT OF BUILDING AND ZONING, ALONG WITH THE DEPARTMENT OF INTERNAL AUDIT, TO REVIEW THE PROPSED LEASE AGREEMENT IN CONNECTION WITH SAME, IN ORDER TO ENSURE THA SAID BUILDING FULLY MEETS CODE REQUIREMENTS; FURTHER STIPULATING THAT WHOEVER IS RESPONSIBLE FOR THE MANAGEMENT AUDIT SHALL REVIEW SAME AND PROVIDE TO THE MIAMI CITY COMMISSION UNDER SIGNATURE OF THE CITY MANAGER, A STRONG RECOMMENDATION FOR AUHTORIZED USE OF SAID FACILITY. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. © Chairman J. L. Plummer, Jr. NAYS: ' None. ABSENT: Vice Chairman Wifredo Gort 67 February 23, 1999 [Note: Although absent during roll call, Commissioner Regalado and Vice Chairman Gort requested of the Clerk to be shown as being in agreement with the motion.] 16. APPROVE ASSIGNMENTS OF INTERESTS OF MIAMI TOWER ASSOCIATES LIMITED PARTNERSHIP AND MIAMI RETAIL ASSOCIATES LIMITED PARTNERSHIP — UNDER AIR RIGHTS AND RETAIL LEASES BETWEEN SAID ENTITIES PERTAINING TO THE PROPERTY KNOWN AS THE NATIONSBANK TOWER, LOCATED AT 100 S.E. 2I'1D STREET, MIAMI, FLORIDA. Chairman Plummer: The next item is item ten. Item ten is the transferring of the interest of Miami Tower. Mr. Echemendia. Mr. Santiago Echemendia: Mr. Plummer, Santiago Echemendia, 201 South Biscayne Boulevard. We have an agreement with staff. I think they will confirm this. Chairman Plummer: Mr. Manager, you recommend it? Mr. Donald H. Warshaw (City Manager): Yes. Chairman Plummer: Is there a motion? Commissioner Sanchez: Motion to move. Chairman Plummer: Motion by... Commissioner Regalado: Second. Chairman. Plummer: ... Sanchez, seconded by Regalado. All in favor say "aye." The Commission (Collectively): Aye. Chairman Plummer: Any opposition? Show it unanimous. 68 February 23, 1999 i The following resolution was introduced by Commissioner Sanchez, who ' moved its adoption: RESOLUTION NO. 99-139 A RESOLUTION OF THE MIAMI CITY .COMMISISON, WITH ATTACHMENTS, APPROVING THE ASSIGNMENTS OF THE INTERESTS OF MIAMI • TOWER ASSOCIATES LIMITED PARTNERSHIP, UNDER THE AIR RIGHTS AND RETAIL LEASES BETWEEN SAID ENTITIES, RESPECTIVELY, AS LESSEES, AND THE CITY OF MIAMI, AS LESSOR, PERTAINING TO THE PROPERTY KNOWN AS THE NATIONSBANK TOWER, LOCATED AT 100 S.E. 2ND STREET, MIAMI, FLORIDA; SPECIFICALLY APPROVING; (i) THE ASSIGNMENT BY MIAMI TOWER ASSOCIATES LIMITED PARTNERSHIP, TO NOP 100 SE 2ND STREET TOWER, LLC, OF LESSEE'S INTERESTS UNDER THE AIR RIGHTS LEASE, (ii) THE ASSIGNMENT BY MIAMI RETAIL ASSOCIATES LIMITED PARTNERHSIP TO NOP RETAIL ASSOCIATES LIMITED PARTNERSHIP TO NOP 100 SE 2ND STREET RETAIL LEASE, AND (III) THE ASSIGNMENT OF THE RELATED PARKING AGREEMENTS, ALL IN SUBSTANTIALLY THE FORMS ATTACHED HERETO; FURTHER APPROVING THE EXECUTION OF THE REQUIRED ESTOPPEL STATEMENTS AND ANY OTHER DOCUMENTS REQUIRED IN CONNECTION WITH SAID TRANSFER, SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL SUCH DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSES HEREIN STATED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: Vice Chairman Wifredo Gort [Note: Although absent during roll call, Vice Chairman Gort requested of the Clerk to be shown as being in agreement with the motion.) 69 February 23, 1999 17 . AUTHORIZE CITY MANAGER TO ISSUE REQUEST FOR PROPOSALS (RFP — FOR PROCUREMENT OF PROPERTY MANAGEMENT & MAINTENANCE SERVICES — FOR DEPARTMENT OF COMMUNITY DEVELOPMENT FOR SINGLE FAMILY AND APARTMENT RESIDENTIAL PROPERTIES RECAPTURED BY CITY THROUGH CITY INITIATED FORECLOSURE PROCEEDINGS. Chairman Plummer: Item 11.. RFP (Request for Proposal) for property maintenance. property management and maintenance services. Moved by Sanchez, seconded by Regalado. All in favor say `.aye " The Commission (Collectively): Aye. Chairman Plummer: Any opposition? Show unanimous. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO.99-1-40 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSAL (RFP), FOR THE PROCUREMENT OF PROPERTY MANAGEMENT & MAINTENANCE SERVICES FOR THE DEPARTMENT OF COMMUNITY DEVELOPMENT FOR SINGLE FAMILY AND APARTMENT RESIDENTIAL PROPERTIES RECAPTURED BY THE CITY THROUGH CITY INITIATED FORECLOSURE PROCEEDINGS; FURTHER AUTHORIZING THE CITY MANAGER TO EVALUATE SAID PROPOSALS AND PRESENT THEM TO THE CITY COMMISSION, IN A RANK ORDER, FOR ITS REVIEW AND CONSIDERATION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman J. L. Plummer, Jr. NAYS: None. ABSENT:- Vice Chairman Wifredo Gort. [Note: Although absent during roll call, Commissioner Regalado and Vice Chairman Gort requested of the Clerk to be shown as being in agreement with the motion.] 70 February 23, 1999 18 . APPROVE $198,839.00 IN. REHABILITATION• ASSISTANCE FUNDING TO ECONOMIC OPPORTUNITY FAMILY HEALTH CENTER, INC. - FOR COMPLETION OF TWENTY-FOUR UNIT HOUSING PROJECT TARGETED FOR LOW INCOME PERSONS LIVING WITH HIV/AIDS, LOCATED AT 7104, 7126, 7160, 7186 N.W. 14T11 PLACE, MIAMI, FLORIDA — ALLOCATED FUNDS FROM THE FY 1998 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM GRANT, ACCOUNT 194006.590606.6860.94654. Chairman Plummer: Item 12. One.hundred and ninety-eight thousand eight hundred and thirty-nine in rehabilitation assistance to Economic Opportunity Family Health Center, Inc. Commissioner Sanchez: I move. Chairman Plummer: Moved by Sanchez, seconded by... Commissioner Regalado: Second. Chairman Plummer: ...Regalado. All in favor say "aye." The Commission (Collectively): Aye. Chairman Plummer: Any opposition? Show unanimous. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-141 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE ALLOCATION OF FUNDS, IN THE AMOUNT OF ONE HUNDRED NINETY-EIGHT THOUSAND EIGHT HUNDRED THIRTY-NINE DOLLARS ($198,839) IN REHABILITATION ASSISTANCE FUNDING TO ECONOMIC OPPORTUNITY FAMILY HEALTH CENTER, INC. IN CONNECTION WITH THE COMPLETION OF A TWENTY-FOUR UNIT HOUSING PROJECT TARGETED FOR LOW INCOME PERSONS LIVING WITH HIV/AIDS, LOCATED AT 7104, 7126, 7160, 7186 N.W. 14.. PLACE, MIAMI, FLORIDA; ALLOCATING FUNDS FROM THE FY 1998 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM GRANT, ACCOUNT NO. 194006.590606.6860.94654, FOR THE PROVISION OF SAID SERVICE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING CONTRACT WITH SAID AGENCY TO EVIDENCE SAID ALLOCATION. 71 February 23, 1999 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: Vice Chairman Wifredo,Gort. [Note: Although absent during roll call Vice Chairman Gort requested of the Clerk to be shown as being in agreement with the motion.] 19. ACCEPT BID OF GUS MACHADO FORD — FOR PROCUREMENT OF ONE HUNDRED THIRTY-FIVE (135) 1999 FORD TAURUS LX SEDAN VEHICLES — FOR POLICE ADMINISTRATIVE AND INVESTIGATIVE (NON-PURSUIT)USES, UNDER EXISTING CITY BID NO. 997-98-179 — FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION — AT TOTAL COST NOT TO EXCEED $2,187,135 — ALLOCATE FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROGRAM, "REPLACEMENT OF CITY-WIDE FLEET," PROJECT NO. 311850. Chairman Plummer: Item 13. This is to buy 135 cars LX sedan vehicles from Gus Machado. Mr. Juan Pascual (Director, General Services Administration): Yes sir, Commissioner. Juan Pascual, Department of General Services Administration. This is a bid we put out at the end of last year. The low bidder is Anthony Abraham Chevrolet with the Chevy Malibu. However, for the use of Police Department since they need vehicles that we can install the MDC's on, the Malibu only comes with bucket seats and center consoles. Therefore, for the purpose of the Police Department's use they are non- responsive so we are going to the next vendor which in this particular case is the Ford Taurus. Commissioner Sanchez: So moved. Chairman Plummer: Moved by Sanchez, second... Commissioner Teele: What was the difference in the bid? Chairman Plummer: How much was the difference in the bid? Mr. Pascual: Yes, sir, one second, please. Chairman Plummer: We wouldn't have a fourth dealer in the City? Unidentified Speaker: No, sir. No, sir. 72 February 23, 1999 Ms. Judy Carter (Director, PurchasingiDepartment): They are only two... Unidentified Speaker: Anthony Abrahams. Mr. Pascaul: The difference is, the Ford, the Taurus is fourteen thousand one hundred and forty-seven dollars ($14,147) base price and the Malibu is.thirteen thousand nine ninety-seven. That's roughly two hundred and fifty dollar ($250) difference. Commissioner Teele: Second the motion. Chairman Plummer: Motion moved and seconded. Any further discussion? All in favor say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposed? Show it unanimous. The following resolution was introduced by Commissioner Sanchez, who- moved its adoption: RESOLUTION NO.99-142 A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID OF GUS MACHADO FORD FOR THE PROCUREMENT ONE HUNDRED THIRTY-FIVE (135) 1999 FORD TAURUS LX SEDAN VEHICLES FOR POLICE ADMINISTRATIVE AND INVESTIGATIVE (NON -PURSUIT) USES, UNDER EXISTING CITY BID NO. 97-98-179, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, AT A TOTAL COST NOT TO EXCEED $2,.187,135.00; ALLOCATING FUNDS THEREFOR FROM CAPITAL IMPROVEMENT PROGRAM, "REPLACEMENT OF CITY-WIDE FLEET", PROJECT NO. 311.850. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES_ : Commissioner Tomas Regalado Commissioner Joe. Sanchez Commissioner Arthur E. Teele, Jr. Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: Vice Chairman Wifredo Gort. [NOTE: Although absent during roll call, Vice Chairman Gort requested of the Clerk to be shown as being in agreement with the motion. 73 February 23, 1999 20. AUTHORIZE CITY MANAGER TO ENTER INTO MUTUAL AID AGREEMENT — WITH CITY OF SUNNY ISLES BEACH, FLORIDA, ON BEHALF OF THE CITY OF MIAMI POLICE DEPARTMENT — PURSUANT TO SECTION 23.1225 (3), FLORIDA STATUTES (1996). Chairman Plummer: Mutual agreement for Mutual aid with the City of Sunny Isles Beach, Florida for the Police Department. And, I am sure I don't know how much they can give us, but... Mr. Donald H. Warshaw (City Manager): Or we can give them. Chairman Plummer: Yeah, I am sure it's going to be the other way. Chairman Plummer: Motion by Sanchez, seconded by'Regalado. All in favor say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show unanimous. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO.99-143 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUTUAL AID AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE CITY OF SUNNY ISLES BEACH, FLORIDA, ON BEHALF OF THE CITY OF MIAMI POLICE DEPARTMENT, PURSUANT TO SECTION 23.1225 (3), FLORIDA STATUTES (1996). (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman J. L. Plummer, Jr. NAYS: None. ABSENT:. Vice Chairman Wifredo Gort [Note: Although absent during roll call, Vice Chairman Gort requested of the Clerk to be shown as being in agreement with the motion.] 74 February 23, 1999 21 . DESIGNATE CERTAIN PUBLIC WORKS PROJECTS TO BE UNDERTAKEN IN 1999, 2000, AND 2001, WHICH REQUIRE PROFESSIONAL SURVEYING AND MAPPING SERVICES, AS CATEGORY B PROJECTS — APPOINT CERTIFICATION COMMITTEE OF NO LESS THAN THREE MEMBERS TO ASSESS THE TECHNICAL QUALIFICATIONS OF RESPONDENTS TO A REQUEST FOR QUALIFICATIONS (RFQ) FOR THE ABOVE PROJECTS — AUTHORIZE CITY MANAGER TO APPOINT A SIX MEMBER COMPETITIVE SELECTION COMMITTEE. Chairman Plummer: Public Works. Projects to be undertaken in the year '99, 2000. and 2001 requiring Professional Survey Mapping Services and by a six -member committee. .Who is going to appoint that committee? Mr. Jim Kay (Director, Public Works): We are going to establish that committee and we will come back to this Commission... Chairman Plummer: All right. Mr. Kay: OK. Chairman Plummer: Moved by Regalado, seconded by Sanchez. Any favor? Anybody in opposition? Show unanimous. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO. 99-144 A RESOLUTION OF THE MIAMI CITY COMMISSION DESIGNATING CERTAIN PUBLIC WORKS PROJECTS TO BE UNDERTAKEN IN 1999, 2000, AND 2001, WHICH REQUIRE PROFESSIONAL SURVEYING AND MAPPING SERVICES, AS CATEGORY B PROJECTS; APPOINTING A CERTIFICATION COMMITTEE OF NO LESS THAN THREE MEMBERS TO ASSESS THE TECHNICAL QUALIFICATIONS OF RESPONDENTS TO A REQUEST FOR QUALIFICATIONS (RFQ) FOR THE ABOVE PROJECTS; AUTHORIZING THE CITY MANAGER TO APPOINT A SIX MEMBER COMPETITIVE SELECTION COMMITTEE TO LIST THE QUALIFIED CANDIDATES IN RANK ORDER AND TO PRESENT SAID LIST TO THE CITY COMMISSION FOR CONSIDERATION; APPOINTING AN INDIVIDUAL AS CHAIRPERSON OF THE COMPETITIVE SELECTION COMMITTEE. 75 - . February 23, 1999 (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: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: Vice Chairman Wifredo Gort [Note: Although absent during roll call, Vice Chairman Gort requested of the Clerk to be shown as being in agreement with the motion.] 22. DESIGNATE CERTAIN PUBLIC WORKS PROJECTS TO BE UNDERTAKEN IN 1999, 2000 AND 2001, WHICH REQUIRE PROFESSIONAL ARCHITECTURAL AND ARCHITECTURAL LANDSCAPING SERVICES, AS CATEGORY B PROJECTS — APPOINT CERTIFICATION COMMITTEE OF NO LESS THAN THREE MEMBERS TO ASSESS THE TECHNICAL QUALIFICATIONS OF RESPONDENTS TO A REQUEST FOR QUALIFICATIONS (RFQ) FOR THE ABOVE PROJECTS — AUTHORIZE CITY MANAGER TO APPOINT A SIX MEMBER COMPETITIVE SELECTION COMMITTEE. Chairman Plummer: Seventeen, basically the same. For Professional Architectural and Architectural Landscaping for the same three years. Moved by Regalado, seconded by Sanchez: All in favor say "aye." Commissioner Sanchez: Aye. Chairman Plummer: Any opposition? 76 February 23, 1999 The following resolution 'was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO.99-145 A RESOLUTION OF THE MIAMI CITY COMMISSION DESIGNATING CERTAIN PUBLIC WORKS PROJECTS TO BE UNDERTAKEN IN 1999, 2000, AND 2001, WHICH REQUIRE PROFESSIONAL ARCHITECTURAL AND ARCHITECTURAL LANDSCAPING SERVICES, AS CATEGORY B PROJECTS, APPOINTING A CERTIFICATION COMMITTEE OF NO LESS THAN THREE MEMBERS TO ASSESS THE TECHNICAL QUALIFICATIONS OF RESPONDENTS TO A REQUEST FOR QUALIFICATIONS (RFQ) FOR THE ABOVE PROJECTS; AUTHORIZING THE CITY MANAGER TO APPOINT A SIX MEMBER COMPETITIVE SELECTION COMMITTEE TO LIST THE QUALIFIED CANDIDATES IN RANK ORDER AND TO PRESENT SAID LIST TO THE CITY COMMISSION FOR CONSIDERATION; APPOINTING AN INDIVIDUAL AS CHAIRPERSON OF THE COMPETITIVE SELECTION COMMITTEE. (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: Commissioner Tomas, Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman J. L. Plummer, Jr.. NAYS: . None. ABSENT: Vice Chairman Wifredo Gort [Note: Although absent during roll call, Vice Chairman Gort requested of the Clerk to be shown as being in agreement with the motion.] 77 February 23, 1999 2 3 . DESIGNATE CERTAIN PUBLIC WORKS PROJECTS TO BE UNDERTAKEN IN 1999, 2000, AND 2001 WHICH REQUIRE THE SERVICES OF PROFESSIONAL ENGINEERS, AS CATEGORY B PROJECTS — APPOINT CERTIFICATION COMMITTEE OF NO LESS THAN THREE MEMBERS TO ASSESS THE TECHNICAL QUALIFICATIONS OF RESPONDENTS TO A REQUEST FOR QUALIFICATIONS (RFQ) FOR THE ABOVE PROJECTS — AUTHORIZE CITY MANAGER TO APPOINT A SIX MEMBER COMPETITIVE SELECTION COMMITTEE. Chairman Plummer: "Eighteen is the .same three years, Professional Engineers for the Department of Public Works. Moved by Sanchez, seconded by Regalado. Any further discussion? All those in favor say "aye." Hello? The Commission (Collectively): Aye. Wake up down there. The following resolution was introduced by Commissioner .Sanchez,. who moved its adoption: RESOLUTION NO.99-146 A RESOLUTION OF THE MIAMI CITY COMMISSION DESIGNATING CERTAIN PUBLIC WORKS PROJECTS TO BE UNDERTAKEN IN 1999, 2000, AND 2001, WHICH REQUIRE THE SERVICES OF PROFESSIONAL ENGINEERS, AS CATEGORY B PROJECTS; APPOINTING A CERTIFICATION COMMITTEE OF NO LESS THAN THREE MEMBERS TO ASSESS THE TECHNICAL QUALIFICATIONS OF RESPONDENTS TO A REQUEST FOR QUALIFICATIONS (RFQ) FOR THE ABOVE PROJECTS; AUTHORIZING THE CITY. MANAGER TO APOINT A SIX MEMBER COMPETITIVE SELECTION COMMITTEE TO LIST THE QUALIFIED CANDIDATES IN RANK ORDER AND TO PRESENT SAID LIST TO THE CITY COMMISSION FOR CONSIDERATION; APPOINTING AN INDIVIDUAL AS CHAIRPERSON OF THE COMPETITIVE SELECTION COMMITTEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: Vice Chairman Wifredo Gort 78. . February 23, 1999 [Note: Although absent during roll, call, Vice Chairman,G_ort requested of the Clerk to be shown as being in agreement with the motion.] 24. AUTHORIZE EXTENSION OF TERM OF PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI . AND WOLFBERG/ALVAREZ & PARTNERS, INC. — FOR ADDITIONAL TWO YEAR PERIOD - TO ALLOW SAID FIRM TO COMPLETE DESIGN OF NEW RECREATIONAL BUILDING AT JOSE MARTI PARK. Chairman Plummer: Nineteen. This one is for Professional Services Agreement of Wolfberg/Alvarez & Partners... Commissioner Sanchez: So moved. Chairman Plummer:... for Jose Marti new recreational building at Jose Marti in the district of Sanchez. He moves it and seconded by Regalado.. All in favor say "aye." Commissioner Sanchez: "Aye." Chairman Plummer: All opposed? Show unanimous ballot. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO.99-147 A RESOLUTION OF THE MIAMI CITY . COMMISSION AUTHORIZING THE EXTENSION OF THE TERM OF PROFESSIONAL SERVICES AGREEMENT 'BETWEEN THE CITY OF MIAMI AND WOLFBERG/ALVAREZ & PARTNERS, INC., FOR AN ADDITIONAL TWO YEAR PERIOD TO ALLOW SAID FIRM TO COMPLETE THE DESIGN OF THE NEW RECREATIONAL BUILDING AT JOSE MARTI PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO SAID AGREEMENT FOR THESE PURPOSES. 79 - February 23, 1999 (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: Vice Chairman Wifredo Gort [Note: Although absent during roll call, Vice Chairman Gort requested of the Clerk to be shown as being in agreement with the motion.] 25. DISCUSS FUTURE OF TOWER THEATER. Chairman Plummer: Commissioner Regalado, your discussion about the Tower Theater is next. Commissioner Regalado: Thank you, Mr. Chairman. One of the reasons that I always try to bring the Tower Theater is because this is one of the projects of the City of Miami. This is owned by the City and we really had a lot of problems with this construction, and I have to commend Jim Kay for his interest on this. But, I just don't know, first of all why the month and month of delays and second, for the administration to tell us what steps are being taken to get the funding to finish, I guess, the interior of the theater, and for the administration to tell us about the selection committee for the management of the theater. So, I would ask Jim to give us an overview on the construction. Chairman Plummer: Very briefly. Mr. Jim Kay (Director, Department of Public Works) Yes, sir. The reasons to -date for the delay were the many unforeseen problems that we ran into during construction especially in the area of the foundation and some of the walls that were unframed. We also have the architect fully on board now with us to address those problems. Those problems, in fact the project is moving on well now. We are seeing the contractor with 'a full crew of people there working on the project and we are getting invoices, larger invoices per month which is good because that shows that our project is moving along. Chairman Plummer: When is it going to be finished? Mr. Kay: Before we were only getting invoices of like thirty thousand dollars ($30,000) a month when you have a two point three million dollar ($2,300,000) project, it's going to take a long time to use that. Commissioner Regalado: Jim, why was it that if you go.by there a few weeks ago, you would only see two persons working? 80 .February 23, 1999 Mr: Kay: Again, that was the problem with the fact -that -we had, as I said, a lot of unforeseen situations that we ran into with this existing building; we didn't fnd then until we started demolishing things:- And. also the, as I said, the architect is now fully on board with us, and they are fully taking charge of the project. Commissioner Regalado: You have not found any Tequesta remains there? Mr. Kay: No, sir. Chairman Plummer: OK. Commissioner Regalado: No, no, no. The other thing is, what are we going to do about the funding? I guess this will not be -your... What are we going to do about the funding for the termination of the project? There are some funds needed for the interior, the cafeteria and the audio-visual... Mr. Kay: We are still exploring funding, additional funding for the project right now. We still do not have enough funding for the audio-visual equipment or the kitchen equipment, and those are the two items right now that -are not funded at this point. Commissioner Regalado: Any date for the completion, construction, the show. Mr. Kay: Oh, the... Well, we expect to have the project fully completed by the end of July of this year. Commissioner Regalado: OK. Chairman Plummer: All right'. Commissioner Regalado: No selection process, Mr. Manager? Chairman Plummer: Mr. Manager? Mr. Donald H. Warshaw (City Manager): Yes, sir, I am sorry. 1 wasn't paying attention. Commissioner Regalado: No, the selection process. I, that has also taken some time. Note: At 3:30 p.m. Vice Chairman Gort entered the Commission Chambers. Vice Chairman Gort: Where are we? Chairman Plummer: We are on item twenty. All right, let's move it along. Mr. Erdal Donmez (Director, Real Estate & Economic Development): Commissioner, Erdal Donmez from Real Estate & Economic Development. As you know, we have three proposers interested in operating the facility. There was a meeting held back in June and one of the operators couldn't make the interview and the selection committee meeting was rescheduled for September, then, the Hurricane Georges was coming. So, we are going to have the meeting on March 11 `h. It's going to be taking place on schedule and we expect to have one of the three operators to be selected. Commissioner Regalado: 1n.March? 81 February 23, 1999 Mr. Donmez: That's correct, March I 16. Commissioner Regalado: That would be coming before the Commission? Mr. Donmez: And, after that it will be coming back to the Commission, yes. Commissioner Regalado: Thank you. 2 6. DISCUSS / TABLE TO LATER IN SESSION GUSMAN DONATION FROM LAW ENFORCEMENT TRUST FUND WHICH ORIGINALLY WENT TO MIAMI FILM FESTIVAL -- CHAIRMAN PLUMMER COMMENDS OFFICER WILLIE LOPEZ AND LUIS CARRASQUILLO FOR CLEAN-UP EFFORTS IN WYNWOOD AND IN MARGARET PACE PARK — SEE LABEL 29. Chairman Plummer: All right, item 21 is mine. Chief O'Brien has agreed to try and work with us on this item, but while you are here ,Chief, may I take the opportunity please. On Saturday, Wynwood. Officer Willie Lopez put together a tremendous amount of people to go up there and clean-up and they did one great job. They also went to Margaret Pace Park. They went up there with a backhoe and they cleaned all that area up along the waterfront. I would hope, sir that you would commend Officer Willie Lopez and Mr. Carrasquillo from the NET (Neighborhood Enhancement Team) Office who did one fantastic job and the Gusman will come back at a later date, and thank you for being here. Mr. O'Brien: I was there on Saturday. They did a great job. 2 7. DIRECT CITY MANAGER TO ADVERTISE THROUGH NET 9 CABLE TELEVISION THAT PROPERTY OWNERS MAY REQUEST FROM MIAMI-DADE COUNTY TO PAY THEIR COUNTY TAXES ON QUARTERLY BASIS. Chairman Plummer: Commissioner Gort. Vice Chairman Gort: I apologize for being late, but unfortunately I was not able to come back. On item three. Chairman Plummer: All right, item three. We are going back to item three. Mr. Gort, you have the floor. Vice Chairman Gort: If you recall, when we had this item in front of us and those people that had mortgages on their items, on their houses did not have any problem. The reason being that these individuals, the bank will have an escrow account where they will be able to do their monthly installment. However, we do have a lot of retired individuals and I don't know if you addressed this in your conversation approving this item. We do have a lot of retirees that make their payments once a year which they are not aware they payments... that they can make arrangement with the County where they can pay, make their payments quarterly. On the first reading, I requested that we advertise this on Channel 9, that we do everything possible to let the individuals know that there is a process where they can go to and ask for the quarterly payments at the County. My understanding that was not done so, and I wanted to defer this item"because the... I think we need to inform the individuals of the process that can take place. Chairman Plummer: I... Can we do it without hurting the situation? 82 February 23, 1999 Ms. Bertha Henry (Assistant City, Manager): Bertha; Henry, Assistant City Manager for Finance Administration. The program that the County has in effect allows the individuals to take advantage of the program up until May I". We will advertise, make that notice for, during the month of March and April, that gives us 60 days to inform... Chairman Plummer: One hundred and twenty-seven thousand dollar ($127,000) saving. Vice Chairman Gort: No, I understand that, but the problem that I have, most of our senior citizens are not aware of this program. We have not been able to inform them that they can do this... Chairman Plummer: All right.. Vice Chairman Gort:... and I would like to do that. Chairman Plummer: All right. Vice Chairman Gort: Because I would hate for them... Let me tell you,'I get calls all the time, especially within my neighborhoods from Allapattah and the West Little Havana where people are very upset about all the billings and all the new duties and tariffs that we are putting into it. Now that they receive the bill and they have to pay it at one time, that's going to be very difficult for that. Chairman Plummer: All -right, Mr. Gort, I have here a pocket that's going to be brought up by Commissioner Regalado in reference to NET (Neighborhood Enhancement Team) 9. I assume later on in the agenda and as such we'll discuss further that item at that time. Commissioner Regalado: No, this is not a pocket item. It's a discussion item. But, 1 gave you that support material. Chairman Plummer: Oh, all right, well, it's the next item on the.agenda. So... Commissioner Regalado: Yeah, but it's not a pocket item. Chairman Plummer: 1 am sorry, sir. I stand corrected. And you are now on for Channel 9.and maybe you will be addressing Mr. Gort's concern about funneling information out to the public. Commissioner Regalado: OK. Vice Chairman Gort: Excuse me, on item three. Chairman Plummer: Yes, sir. Vice Chairman Gort: My understanding is, I don't see many of the public in here discussing this item, and 1 think it is very important that we are going to -have public hearing so people will be aware and we can inform the people of the different items that they can do before we have the second reading. Chairman Plummer: Was that? Mr. Alejandro Vilarello (City Attorney): Commissioner, if I can address the... 83 - February 23, 1999 Vice Chairman Gort: When we passed the first reading, my specific request, we need to inform the residents and the citizens that they can go to the County... Chairman Plummer: There was a public hearing. Mr. Vilarello: Commissioner, if I can address the issue. This was required by State Law that they advertise for four consecutive weeks prior to this hearing. The adoption of this resolution today is necessary in order to get on the tract for actually implementing this method of collection. 1 cannot address the issue that you raised with regard on advertising on NET 9, but I can say that there was an ad in the newspaper each for the four weeks prior to today's meeting advertising today's hearing. Chairman Plummer: Both English and Spanish? English and Spanish? Mr. Vilarello: I don't know. Mr. Donald H. Warshaw (City Manager): Commissioner, would it be acceptable to you if, a couple of things. Number one, the ad for NET 9 is ready to go if we were to do aggressively in the months of March, April, as well as do some real aggressive mailings to local homeowners, groups and civic associations and do all we can to spread this word. Commissioner Regalado: We need to do everything, because let me tell you, I do receive a lot of calls on this. We need to inform the public that they have the ability to go to the County and they can pay their taxes in four installment rather than once at the end of the year. And, they had to do that before, which is the date...? Ms. Henry: May I". May I". Vice Chairman Gort: May I". So, I would appreciate it if we could do that because I think it's very important. Mr. Warshaw: In addition to that, we will try to release some press releases to some of the small, local neighborhood newspapers and get the word out as aggressively as we can. Vice Chairman Gort: Thank you. Chairman Plummer: OK, gentlemen, we need to go back... Commissioner Teele: It ought to be good, that's his life work. Vice Chairman Gort: Mr. Chairman. Mr. Chairman. Chairman Plummer: 1 am sorry. Mr. Gort. Vice Chairman Gort: In all the other items, I have one other one which is the, and 1 don't know if was explained, the Northeast, the renting of the building on Northeast. Chairman Plummer: That's been deferred, sir. Vice Chairman Gort: That's been deferred, OK. All the other items, will you show me as a favor, vote in favor of it. 84 .February 23, 1999 Mr. Walter J. Foeman (City Clerk): Which items, sir? Vice Chairman Gort: You can show me as a positive vote on all the items that we discussed. Mr. Foeman: OK. 28. APPROVE EMERGENCY ORDINANCE RELATED TO VALET PARKING IN COCONUT GROVE — AMEND ORDINANCE 11543 — EXTEND TIME AUTHORIZED FOR VALET PARKING IN PUBLIC RIGHTS -OF WAY IN COCONUT GROVE FOR ADDITIONAL SIX MONTHS - DIRECT CITY ATTORNEY TO RESEARCH WAY TO PROVIDE PARKING FOR RESIDENTS IN PUBLIC HOUSING. Chairman Plummer: We will now gentlemen go back since the City Attorney is ready on item six. Item six required a four -fifths vote, and it's reference to the valet parking, an extension of six months until the administration... Vice Chairman Gort: Move it. Chairman Plummer: ... can get their act together or our act together for the City and make something very... Commissioner Sanchez: Wasn't that deferred? Chairman Plummer: ... and makesbmeth"ing very reasonable. Moved by Gort, seconded by... Commissioner Sanchez: Wasn't that deferred? Chairman Plummer: No. He asked that it be deferred until he had the opportunity. He's had the opportunity. Commissioner Sanchez: OK, second. I'll second the motion. Chairman Plummer: Now seconded by Sanchez. Read the ordinance. Mr. Alejandro Vilarello (City Attorney): For the record, there is a change in the ordinance that I will be reading different from what was distributed with the package. It's a minor change but it addresses the time delay and the extension. Chairman Plummer: Proceed. It is two roll calls. It is an emergency, I really don't know why, but that's what they want, it is. Call the roll. Commissioner Teele: Who wants it? I mean... Chairman Plummer: I am. sorry, I brought it to the table because it's... Commissioner Teele: But who is behind this? I mean... 85 ..February 23, 1999 Chairman Plummer: The restaurants and such in Coconut Grove and where there is the shortage of parking. Commissioner Teele: Well, Mr. Attorney. Mr. Vilarello: Yes, sir. Commissioner Teele: You know, again, I want consistency in law with this. Now, I have talked to you about trying to provide some relief to people who don't have enough land to have their garbage containers and they have got them in the public right-of-way. You said that there are public policy reasons why we shouldn't do certain things, and I want you to take that under advise in the context of this law, because again, I mean, this City has put some people that live in government sponsored housing some very bad positions and they don't have any place to put the garbage. Mr. Vilarello: I believe this City Commission as a matter of policy dealt with the issue of valet parking. Now, these are parking spaces which are being set aside... Commissioner Teele: But, it's the public right-of-way. Mr. Vilarello: You are absolutely right. Commissioner Teele: OK, and that's the issue. The issue is not parking or garbage, the issue is the access to utilize the public right-of-way for private purpose. And, again, I don't object to this, but I do... If this passes, then, I am going to object to the opinions that basically say that we can't provide some relief to these people who don't have any place to put their garbage. I mean... Chairman Plummer: OK, read, call the roll. Second reading. Commissioner Teele: Mr. Chairman, I did not understand the... Mr. Walter J. Foeman (City Clerk): Excuse me. Chairman Plummer: Wait, wait, finish the roll call. An Ordinance entitled - d AN EMERGENCY ORDINANCE RELATING TO VALET PARKING IN COCONUT GROVE; AMENDING ORDINANCE NO. 11543, AS AMENDED, ADOPTED SEPTEMBER 9, 1997, BY AUTHORIZING VALET PARKING IN CERTAIN PUBLIC RIGHTS -OF -WAY IN COCONUT GROVE FOR AN ADDITIONAL SIX (6) MONTHS FROM THE DATE OF THIS ORDINANCE; PROVIDING THAT ALL OTHER PROVISIONS OF ORDINANCE NO. 11543 SHALL REMAIN IN FULL FORCE AND EFFECT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. 86 February 23, 1999 r was introduced by Vice Chairman Gort, and seconded by Commissioner Sanchez, for adoption as an emergency measure, and dispensing with the requirement of reading same on two separate days, was agreed to by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: None. Whereupon the Commission on motion of Vice Chairman Gort, and seconded by Commissioner Sanchez, adopted said ordinance by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11760. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 29. CONTINUE DISCUSSION IN CONNECTION WITH $500,000.00 LAW ENFORCEMENT TRUST FUND DONATION FOR GUSMAN HALL = DIRECT ADMMSTRATION TO SCHEDULE DISCUSSION ITEM IN FUTURE. COMMISSION AGENDA IN CONNECTION WITH DISTRIBUTIONS FROM LAW ENFORCEMENT TRUST FUND — SEE LABEL 26. Chairman Plummer: Yes, Commissioner Teele. Commissioner Teele: 1 did not understand the public discussion on item 21. Can you just explain to me? 1 mean, in the... Chairman Plummer: Yes, sir, there was a problem on that in which the City got the Law Enforcement Trust Funds monies. The.monies were diverted over... Commissioner Teele: How much? Chairman Plummer: Eh? 87 - February 23, 1999 Commissioner Teele: How much money? Chairman Plummer: Fifty thousand dollars ($50.000) from the trust fund. Those were the monies you will recall the conversation that wind up in the hands of the Film Festival instead of where we thought it had gone to and that was Gusman Hall. The Chief has asked for an additional budget, he will review the budget and come back to this Commission at the next meeting and make the recommendation. Commissioner Teele: So, we are talking about one hundred thousand now? Chairman Plummer: For? Commissioner Teele: Gusman. Chairman Plummer: No, no sir. The first fifty did not go to Gusman, that's the problem. Commissioner Teele: But who got it? Chairman Plummer: The Film Festival. Commissioner Teele: Well... Chairman Plummer: OK? That's where it goofed -up. Commissioner Teele: At some point, at some point I would like to have a discussion on the Law Enforcement Trust Fund and I would really like to look at the Law Enforcement Trust funds for the last year.. Because you see, J.L., I can see what's going to happen and I can see what's happening. And, again, we spend all of our time arresting people in one community, but the Coconut Grove Convention Center or the Coconut Grove Playhouse got a lot of Law Enforcement Trust Fund money last year... , Chairman Plummer: Yes, sir: Commissioner Teele: You know, this money needs to go out in a way that benefits law enforcement first and the entire City and there should not be funds, you know... And, as long as I am here, I am going to say the same thing, this City is going to have to start dealing under this administration, with this administration fairly, with all of the community, and it's not doing that now. So, let's just start talking about the Law Enforcement Trust Fund money and let's make sure that the funds are going in positive ways throughout the entire City. Chairman Plummer: Mr. Manager, you will so schedule for an upcoming agenda, please. Mr. Warshaw: Yes, sir. 88 February 23, 1999 a 3 0 . (A). DISCUSS COMMISSIONER REGALADO'S PROPOSAL RELATED TO NET 9 PROGRAMMING, OPERATIONS, AND FUTURE - ACCEPT IN PRINCIPLE SAID PROPOSAL. (B) DIRECT CITY ATTORNEY TO RESEARCH FUNDS EARMARKED BY TCI FOR NET 9 PROGRAMMING. (C) DIRECT ADMINISTRATION TO AIR PHOTOGRAPHS OF THOSE INCARCERATED FOR DRUGS AND PROSTITUTION ON NET 9. Chairman Plummer: The next item, Mr. Regalado, Channel 9. Commissioner Regalado:. This item was deferred and I will try to be brief. Chairman Plummer: I appreciate that. Commissioner Regalado: We, we all know what we have said in the past about Channel 9. Channel 9, it's a pretty good channel. It's, I guess, one of the... one of the few channels that it's on the air twenty- four hours a day, seven days a week, and it's supposed to inform and entertain the people of Miami. I have prepared a document for the members of the Commission in which I, in a nutshell 1 offered to you a drastic change of programming in NET 9. This change will have absolutely no impact on the budget of the City or NET 9. It can be done with the existing facilities and it can be on the air in the next sixty days, the most seventy days. It, the City has, of course, obligations in terms of broadcasting these meetings, the Building and Zoning, the Code Enforcement, the Planning Advisory and the Civil Service Board. The fact is, that we have about 700 hours a month and we utilize maybe less than 100, the rest it's computer programming. What, what I am proposing here,- and it's "doable," is many more hours of programming that I think that will make NET 9 a program that not compete with commercial stations, of course, but a program that one could watch in order to be informed about the affairs of the City of Miami. Chairman Plummer: Are you moving it? Commissioner Regalado: I am sorry? Chairman Plummer: Are you moving it? Commissioner Regalado: Well, you know, excuse me. I am giving this to you. Commissioner Sanchez: Recommendation. Commissioner Regalado: Recommendation. if you decide, the Commission, that this is the way that we should do it, I can meet with the administration. If they want, I am sure that we have the capability of implementing this. Jorge, what? Mr. Jorge Luis Fernandez (Director, Media Office): Frankly, Commissioner, I haven't had the opportunity to see your draft. I don't think the Manager either. Commissioner Sanchez: Yeah. Mr. Donald H. Warshaw (City Manager): I am just taking a look at it now. 89 February 23, 1999 A. Chairman Plummer: I have looked at it, read it and I don't see anything wrong with it. Basically, what I see here is more of doing exactly what Metro -Dade County is doing. Mr. Warshaw: And, let me just say, Commissioners, and just taking a quick glance I don't see anything that's problematic here. The problem has always been up until now, the lack of a stronger infrastructure in terms of people, equipment and, of course, as part of the TO (Miami Telecommunications, Incorporated) that you recently ratified, there is about three hundred and fifty thousand dollars ($350,000) set aside to build the infrastructure of NET 9. But, all these things are probably very "doable" and I would like to take a look at it, and I don't see any problems. Commissioner Regalado: No, they are not probably. They are certainly "doable," with the existing facilities that we have now; with our without any more personnel or impact in the budget; we could do, you know, whatever you want. I would move to... Chairman Plummer:- Is that a motion? Commissioner Regalado: I would move to implement this in principle; and if the administration has any problems, I can try to help in terms of my input. But think with this we can program, 1 think maybe, probably 50 to 60 more hours a month. Chairman Plummer: Is that a motion? Commissioner Regalado: Yes. Commissioner Sanchez: Mr. Chairman. Chairman Plummer: Is there a second? Commissioner Sanchez: I will second the motion if I could... Chairman Plummer: Mr., Sanchez, you have the floor. Commissioner Sanchez: ... if I could, if I could just have the floor for a minute. Commissioner Regalado is absolutely right. I don't think that NET 9 is being fully utilized and it truly it is the way for this local government to reach out to everyone in the districts or in the City of Miami, to basically let them know what's going on in the City of Miami. I think it's a great idea for the implementation of the several programs that he has put here, you know. I don't know if he's applying for the job of Program Director here at NET 9, but he has done an excellent job of putting this together. And, 1 would second it and hope that the Commission would support this, that we would have an opportunity to provide more information to the citizens of Miami through NET 9. Commissioner Teele: Mr. Chairman. Chairman Plummer: And, the only thing I would add to that, Commissioner, is that, we have been using NET 9 for publishing the agenda and I think that is excellent. The people of the Community have the input of knowing by sitting at home and watching that. I think it's a very, very good thing. There is a motion on the floor. Commissioner Teele: Mr. Chairman. 90 .February 23, 1999 Chairman Plummer: Mr. Teele. Commissioner Teele: I have heard, I read it at first in The Herald and I heard it again from the Manager. The three hundred and fifty thousand dollars ($350,000) in TCI, it was my understanding in, from Mr. Leibowitz, and I specifically asked him the question, is any of this money earmarked? Now, you just said again, the three fifty is earmarked for technical improvements. Mr. Leibowitz responded that none of the money is earmarked that comes to the Commission and a decision is made here. Now. I would like for the City Attorney to research this issue because the press has reported money... I mean, I can tell you right now that I think until we resolve the financial crisis, you know, we need to be very careful talking about putting three hundred and fifty thousand dollars ($350,000) in NET 9, and I am going to be voting against this, if it assumes that we need three hundred and fifty thousand dollars ($350,000) for NET 9. Because, I think, you know on one hand we say we are in a financial emergency, you know we want to stop this we want to stop that, but on the other hand we are ready to spend three hundred and fifty thousand dollars ($350,000) for a camera room and I just don't think those two things are the right kind of message to be sending. So, I would like to know, does this, are you assuming that we are going to spend three hundred and fifty thousand dollars ($350,000)... Commissioner Regalado: Absolutely, not. Commissioner Teele: ... to implement this? Commissioner Regalado: No, we can implement that with the existing facilities. Commissioner Teele, you are right, there is probably the need to sort of do some upgrading in the... in our studios, but I would tell you, I would tell you that this programming can be done with the existing facilities that we have. With the cameras that we have, with the studios that we have, with the personnel that we have, which by the way is a very able personnel. Chairman Plummer: OK, we are being repetitious, also. Mr. Warshaw: I would like to say something on the record, Commissioner Chairman Plummer: Say something on the record. Mr. Warshaw: I wanted to state on the record, Commissioner, I will do everything 1 can to ensure that everything . in your memo is implemented. But, I must point out, Commissioner Teele, that it's not contingent on the three hundred and. fifty thousand. However, the equipment that we have is so archaic and obsolete that the manufacturers of it are no longer in business and the studio is being warehoused, basically in effect, what is now and still has been the Miami Fire College. So, we are operating with a very short staff with very limited technical support. I don't think we need a whole three hundred and fifty thousand to do this. We are going to do this with what we have now, but I want you know some of the reasons we have been unable to do some of these things is because we do have short staffing and equipment that is very old and we don't even have people who really know how to operate some of the equipment we have, it's so technical in the sense that there is only a handful of people in America who know how to operate a lot of the pieces of equipment we have, that's how obsolete and outdated it is. Chairman Plummer: Call the roll. Vice Chairman Gort: Mister... Wait, wait, hold on. Chairman Plummer: Mr. Gort. 91 . February 23, 1999 Mr. Fernandez: Mr. Chairman. Vice Chairman Gort: Let me give you a little suggestion. I know you have an individual there. Felipe Giovanni who was born into this and he knows how to run all the equipment there is. At the same time. we have got all the cameras out there and all the reporters and they all have to comply with certain, I think, governmental or public service announcements, things like that. I think that if we can work with them, I am sure that can facilitate their studios and hours and they can help us and produce some of the programs. I mean, whenever we are going to different campaigns, we had a full program that had taken place and we did it, it's not very professional but it was very good. I thought they did a great job. When they were going to do away with the City, we had programs constantly. I think this is... It's amazing how many people come up to me and tell me how they watch Channel 9 and they watch the TV program... Chairman Plummer: Always. Vice Chairman Gort: ... and I think that's one of the best system we have to keep our citizens informed about the parks or services and different programs that we have. Mr. Fernandez: Mr. Chairman. Chairman Plummer: Mister... Mr. Fernandez: May I? Chairman Plummer: Sure. Mr. Fernandez: I just want to say that I am delighted to see the interest shown by the Commission in the destiny of Channel 9. I have always said that what Channel 9 needs in order to be a quality channel comparable to other cities is a political commitment from this body. At the same time, I think that Channel 9, the City of Miami Channel 9, should be commended for being... I have been 45 years practicing journalism. I have been general manager of TV stations and radio stations. And, let me tell you this, I don't know of any, any media operation in the United States of America or the world, I don't know about any television station in America that operates 24-hours a day, seven days a week with only three persons. The equipment that you have behind that wall is used to broadcast the City Commission meetings. The modulator being used by Channel 9, the channel of the City of Miami, one of the ten most important cities in America, was literally picked up from a trash pile in the streets several years ago. The equipment• we have not only is obsolete but the manufacturers of our computers no longer exist, so we don't even have parts to repair them. So, I think that, although we need to improve our operations, I think that we, Channel 9, not me or the personnel, Channel 9 should deserve the recognition for this heroic effort during the last years. Thank you. Chairman Plummer: OK, call the roll. 92 February 23, 1999 The following motion was introduced by Commissioner Regalado, who. moved its adoption: MOTION NO.99-148 A MOTION ACCEPTING IN PRINCIPLE, PROPOSAL OF PROGRAMMING OF NET-9 CABLE TELEVISION AS_ MORE FULLY OUTLINED IN A MEMO FROM COMMISSIONER TOMAS REGALADO TO THE HONORABLE MAYOR AND MEMBERS OF THE CITY COMMISSION ENTITLED "DISCUSSION ITEM: PROGRAMMING OF NET 9." Upon being seconded by Commissioner Sanchez, the motion was passed and adopted b the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: None. [COMMENTS MADE AFTER ROLL CALL -] Chairman Plummer: And, I want to add to the. fact. Mr. Manager, I know you need another piece of equipment, at least that's what I have been told. But, on the arrests that are being made for drugs and prostitution, there was supposed to be and always wanted to be the photos of those that were arrested. I think we need to look into that if we are going to be effective with that program on the television. We need to have that, photographs available. Mr. Sanchez. Commissioner Regalado: Mr. Chairman, if I may. Just a question, Mr. Manager. When do we start implementing this type of programming? Chairman Plummer: Yesterday. Mr. Warshaw: Commissioner, as soon as I am finished with the meeting I'll read this again, sit down with the people we have and see how quickly we can start to implements parts of it, those that are the easiest to 93 February 23, 1999 31. DISCUSS PROGRAM IMPLEMENTED BY EAST LITTLE HAVANA NET OFFICE BETTER KNOWN AS "HELL RAISERS." - DIRECT CITY MANAGER TO CONTINUE SAID PROGRAM. Chairman Plummer: Mr. Sanchez, on the Hell Raisers. Commissioner Sanchez: 'Thank you, Mr. Chairman. Mr. Chairman, I would just like to bring up this program that was implemented in the East Little Havana. And, first of all, let me start by commending Major Rojas, Lieutenant Mirabal, the Chief O'Brien and the many fine officers involved in this program. And, the reason why I want to make sure that I do give credit where credit is deserved is the astronomical numbers, the arrests. As you are aware, Little Havana was in a situation not long ago that we received complaints of drug activity, prostitution and many other... street crime levels in the area and through involvement with the merchants and the Police Department, we have been able to put together an excellent program which later on I would ask to be extended. This program is called "Operation Hell Raiser," and at this time we have a review, a mid -point review of this program. Let me tell you, in 15 days of operation personnel assigned have been one sergeant and a five police officers working in the capacity of street clothes, undercover and using vehicles that were donated by several of the towing companies throughout the community. They have been able to generate 97 felony arrests which is highly recommended, I mean, highly commended for any small group of officers going out and doing this. As a law enforcement officer, which I was for 12 years, I could tell you that 97 felony arrests in 15 days is something to be commended. Out of that 97 arrests, sales of narcotics were 33 arrests in Little Havana area. Possession of narcotics involving criminal activity was 54. And, then other ten felony arrests which generate from possession of weapons, guns and other things. I just want to make sure that, you know, I commend the Police Department and these fine officers for going out there and really doing whatever they can to make our City a little safer. So, I just wanted to take the opportunity as I always do, to commend those that deserve to be commended. Thank you. Chairman Plummer: Thank you, sir. On the CRA (Community Redevelopment Agency), Commissioner Teele. Commissioner Teele: We took that up this morning. Chairman Plummer: No, sir. Commissioner Sanchez: No, you didn't. Chairman Plummer: Commissioner Teele, may I have your attention? Commissioner Teele: Yes, sir. Chairman Plummer:. I am going to give to you a copy of the check... Commissioner Teele: OK. Chairman Plummer:... that Metropolitan Dade County... Commissioner Sanchez: I am sorry. I am sorry to bother you, Mr. Chairman. 94 February 23, 1999 Chairman Plummer: Mr. Hell Raiser. Commissioner Sanchez: Please, I... As I stated before, I am basically.. has the Chief Police, the Chief of Police, did he take off? Chairman Plummer: He took off. Commissioner Sanchez: Oh, he's there. I am sorry, sir. Chairman Plummer: There he is out there. Commissioner Sanchez: So, I would ask you and the City Manager to do whatever you can to continue this program. I forgot, I said I was going to bring it up at the end. See if we do have the funds. It's a program that's getting a lot of positive feedback from the community and myself. I commend you and the many involved in this program. Let's do whatever we can. If we could find the money through whatever needs that I could be of any assistance to continue this program because it is making a difference in our streets. Thank you. 32. CONTINUE DISCUSSION IN CONNECTION WITH COMMUNITY REDEVELOPMENT AGENCY INTERLOCAL COOPERATION AGREEMENT FOR THE OMNI REDEVELOPMENT AREA — COMMENTS REGARDING NOVEMBER, 1998 CHECK FROM MLkMI-DADS COUNTY TO CITY AND CRA WI-IICH WAS RETURNED — SEE LABELS 5 AND 1. Chairman Plummer: Mr. Teele, I am going to give you a copy, sir, of a check from Metropolitan Dade County for five hundred eighty-four two hundred and twenty-four dollars ($584,224.00) even money that Was dated eleven twelve ninety-eight addressed to the City of Miami at 444 Southwest 2"d Avenue, and also a letter that was addressed to Hilda Tejera on the same date in November, they say it's been sent and received. I'll give you a copy for your records, sir. The next item is the Empowerment Zone. Commissioner Teele: Mr. Chairman, let me address that. In consultation with the attorney for the CRA, the letter, the checks were returned to them pending what this Commission did today, and that is, to agree that we are going to go forward with the agreement. The attorneys for the CRA said that the depositing of that check would constitute an agreement and that was what we had asked be done today. By the way, the OMNI Advisory Board recommends that -the checks not be deposited after the meeting today and I advised them that unless you, as the Commissioner responsible propose a resolution, we would go forward with that agreement. Chairman Plummer: So be it, sir. I just, what's amazing to me, and I gave.this you, was the fact that these checks were dated on November the 121h, to the City of Miami, and had not been received. That's what bothered me. 33. DISCUSS STATUS OF EMPOWERMENT ZONE - DIRECT ADMINISTRATION TO PROVIDE WEEKLY WRITTEN REPORTS IN ADVANCE TO CITY COMMISSIONERS. Chairman Plummer: Status of the Empowerment Zone. -Mr. Manager. I would hope in the future that we could get weekly reports from the administration in writing and they could be forwarded to. the Commissioners. Mr. Donald H. Warshaw (City Manager): We'll make sure you get those in advance, in the future. 95 February 23, 1999 Chairman Plummer: I just got it, hello? Thank you. Mr. Erdal Donmez (Director, Real Estate & Economic Development) Good afternoon, sir. It's Erdal Donmez from Real Estate and Economic Development. I am just going to go over the status of the Empowerment Zone program and what has transpired, you know, so far since the designation of the Empowerment Zone on January 13`h. As you know, the City of Miami along with Metro -Dade County, the cities of Homestead and Florida City, jointly, submitted an application. The application was approved, and as it was stipulated in the application, an independent Empowerment Zone Trust will be managing the Empowerment Zone in Dade County. The trust is going to be a 31-member board of directors and the initial directors are the four mayors or the four governments participating in the programs. The mayors of Dade County, City of Miami, Homestead and Florida City met on two occasions and agreed on the Articles of Incorporations of this trust. The Articles of Incorporations filed last week and also Cynthia Curey and Associates was hired as the Interim President and Chief Executive Officer. The next step is the appointments of the mayors, and those will be I 1 appointments and they will make joint appointments. I think each Mayor will appoint two and there will be three appointments, three names, you know, they will agree on. We expect those appointment to happen in the next four weeks. After that, there will be 16 more member elections and all sixteen members will come from the neighborhood assemblies. Ten out of sixteen neighborhood assembles will happen in the City of Miami. At this point, we are not sure what the process is going to be as far as organizing and electing the neighborhood participation, but the City of Miami will be responsible for its own representations and organizations. Once thirty-one board of directors are in place, then, the board members will elect the permanent chairperson, vice -chair, treasurer and the secretary. And, the permanent president will be hired by the trust. At that point, the trust will be in a position to enter into an agreement with the United States Housing and Urban Development, and so called "three million dollars" ($3,000,000), you know, will come down and the actual process, you know, the program will go on the way. We are anticipating all of these to happen probably within 90 days or so. I will be more than happy to answer, you know, questions... Chairman Plummer: Mr. Gort. Mr. Donmez: ... and including the benefits. Vice Chairman Gort: Per meeting in here which is the most, the part that we need to know, the benefits. Tax exempt, my understanding is you are going to be able to do one hundred and thirty million dollars ($130,000,000), that's for the whole zone. Mr. Donmez: That's correct, sir. Vice Chairman Gort: So, that board will decide how those bonds are going to be issued. Mr. Donmez: That's correct, sir. Chairman Plummer: ... and the allocation of the one hundred and thirty million dollars ($130,000,000). Mr. Donmez: Yes, sir. Vice Chairman Gort: Three million in social services block grant and ten million dollars ($10,000,000) for the next five, two to ten years. 96 February 23, 1999 Mr. Donmez: That's correct. Vice Chairman Gort: That board also will be the one deciding how to... So these are the major benefits it will be to. the individuals. Mr. Donmez: Yes, sir. Vice Chairman Gort: Now, the five thousand dollars ($5,000)... Mr. Donmez: Tax credits. Vice Chairman Gort: ... tax credits for hiring individuals. Can this benefit be received by a company outside of the district, but hiring people within the district? Mr. Donmez: No, it has to be inside the zone... Vice Chairman Gort: It has to be within the district. Mr. Donmez: ... and hiring residents, you know, from the zone. Vice Chairman Gort: OK. One thing, and there is no limit to that? Mr. Donmez: No, sir. Vice Chairman Gort: The only limits is the bond and to the social service? Mr. Donmez: That's correct. Yes, sir. Vice Chairman Gort: In other words, there is another incentive with the one, the tax deduction where they a twenty thousand dollars ($20,000) per year for additional equipment that they buy or any... Mr. Donmez: That's basically accelerated depreciation, yes. Vice Chairman Gort: .. purchases that they do themselves, they'll get that... Mr. Donmez: Yes, sir. Vice Chairman Gort: Thank you. Chairman Plummer: All right. Commissioner Regalado: On this item? Commissioner Regalado: Yeah. Chairman Plummer: Mr. Regalado. Commissioner Regalado: I recall that Ms. Warren said, and I quote: "we have 74 percent of the population of Empowerment Zone." We should get approximately that amount of resources. We are told that the City of Miami will have eleven members including of course, the Mayor. But, that's only thirty- •97 February 23, 1999 five percent of the Empowerment Trust being the City of Miami residents. So, I don't, 1 don't know... We have eleven out of thirty-one members, right? How do you view that? Mr. Donmez: If my math is right, Commissioner, I think it's more like thirteen. Commissioner Regalado: Thirteen, out of thirty-one. Mr. Donmez: Yes. This is... this is an entity which was in the strategic plan and the application submitted to HUD (Department of Housing and Urban Development) and that, those were the terms, you know, agreed by all four governmental bodies, you know... Chairman Plummer: How much did the County get? Mr. Donmez: They are getting less than us, sir. Chairman Plummer: They are getting less? Mr. Donmez: Yes. Chairman Plummer: OK. Commissioner Regalado: Well, we... We... Mayor Carollo: Can I explain that on the record, Mr. Chairman? Chairman Plummer: Mr. Regalado has the floor, as soon as he is finished, yes. Mayor Carollo: Yes. Commissioner Regalado: No, I'll yield to the Mayor. Mayor Carollo: Thank you. If I may... Chairman Plummer: Mr. Mayor. Mayor Carollo: ... clarify how this will break down. There are four members which are the only four that are present which is the four mayors. Mayor of Dade County, Florida City, Homestead, Miami. The four of us will be responsible for choosing eleven additional members. How that will finally be decided is, has not been determined yet. There has been talk of each of us choosing two, and then the additional three will be done by a majority vote. If that's the case, I get to choose two from the City, myself that's three that we have. Out of the remaining sixteen members that are coming from the community, approximately how many would come from the City of Miami...? Mr. Donmez: Ten. Mayor Carollo:.. the community, would be approximately ten, it could be a little more than ten, possible. Mr. Donmez: It's out of, two from each community. The central zone you know, makes up eight and we also have the Liberty City area and that's within the City of Miami, so total ten. 98 . February 23, 1999 Mayor Carollo: _ So, it's, at least, ten that we have, but there is a possibility that frankly, and let's put the cards on the table that within our ten there might be individuals that might be chosen that might not necessarily vote with some of the City's interests, depending at what prices we end up. At the same time. there certainly is a possibility that out of the other six out of the sixteen, we might have additional help in the City's interest from those other members. So, it's hard to say if there is thirteen or fifteen. Out of the remaining three that will be chosen at large, there is, at least, one that will be someone chosen from the City. So, at the very:least I would say that we are looking at fourteen individuals that would come from the City's side. Chairman Plummer: You need two more. Mayor Carollo: The, well, but the point being is that Dade County would have much less than we do. but at the same time, and I would like to emphasize this. While I could certainly appreciate the concerns of how they are being picked, at the end of the day, this has to be a board that's going to work together for the interest of everyone in the City of Miami and in Greater Miami. Chairman Plummer: All right, the last issue before we go to the other agenda is the roof on the Haitian Studies. 34. (A). DISCUSS REPAIR OF ROOF AT CENTER FOR HAITIAN STUDIES - DIRECT CITY MANAGER TO REPAIR ROOF AND TO FUND SAID REPAIRS FROM REPROGRAMMED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, 24 YEAR ALLOCATION - FURTHER STIPULATE TO REPLACE SAID EXPENDITURE WITH MONIES RECEIVED FROM GAS TAX SETTLEMENT CHECK FROM STATE OF FLORIDA. (B) COMMENTS REGARDING PROPOSED POLICY THAT CAPITAL FUNDS AVAILABLE. FROM COMMUNITY DEVELOPMENT GO TO CITY PROJECTS. (C). DIRECT ADMINISTRATION TO SCHEDULE PUBLIC HEARING FOR NEXT COMMISSION MEETING TO DISCUSS REPROGRAMMED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, AS STATED IN M-99-149 ABOVE. Ms. Dena Bianchino (Asst. City Manager): We have a recommendation for the Commission Chairman Plummer: We are listening. Ms. Bianchino: We had programmed sidewalk improvements for Allapattah and sidewalk improvements for Edison Little River. Public Works informs us that those projects will not be starting as quickly as they thought. We can take fifty thousand dollars ($50,000) from each one of those projects and reprogram that money in June when we get new CD (Community Development), so we won't be losing anything and pay for the roof, if the Commission so desires. Chairman Plummer: What is the desire of the Commission? Commissioner Teele: Well, I would ask that the funds that just came down from the settlement, wasn't there a settlement that funds of ten years ago was stuck up...? That Public Works was going... the money can only be used for Public Works, about four hundred thousand. Mr. Donald H. Warshaw (City Manager): 1 think you are talking about the one hundred and ninety-two that was set aside, that was a result of a state lawsuit in the oil industry... 99 .February 23, 1999 Commissioner Teele: But, those funds can only be used for Public Works, right? Mr. Warshaw: They are specifically dedicated for Public Works street projects. Commissioner Teele: Well, I would tell you, I would move the recommendation of the management with a further understanding that those funds would be back billed to apply to those two projects. Chairman Plummer: Motion on the floor to approve subject to the conditions outlined. Seconded by Commissioner Gort. No further discussion. All in favor say "aye.". The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show unanimous vote. The following motion was.introduced by Commissioner Teele, who moved its adoption: MOTION NO.99-149 A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO REPAIR THE ROOF AT THE CENTER FOR HAITIAN STUDIES LOCATED AT 8266 N.E. 2 AVENUE, SAID REPAIRS TO BE FUNDED FROM REPROGRAMMED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS, 24h' YEAR ALLOCATION, EARMARKED FOR CAPITAL IMPROVEMENT PROJECTS (CIP) (NAMELY, FOR ALLAPATTAH AND EDISON LITTLE RIVER SIDEWALK IMPROVEMENTS); FURTHER STIPULATING THAT SAID FUNDS SHALL BE REPLACED BY MONIES RECEIVED FROM THE GAS TAX SETTLEMENT CHECK ISSUED BY THE STATE OF FLORIDA. Upon being seconded by Vice Chairman Gort, the motion was passed and adopted b the following vote: AYES: Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Tomas Regalado Ms. Bianchino: OK, one other thing. You asked us for policy on issues of this nature when they come forward again. I'll be completely frank about this, we feel that... Chairman Plummer: ... you would rather be Dena. Ms. Bianchino: Francheca. That any capital funds available from CD go to City projects. 100 February 23, 1999 Chairman Plummer: Nothing wrong,�with that. City. sidewalks, City buildings. We do not have enough money to be fixing private properties; and as a general policy, we are going to be recommending to you when the CD funding comes forward that we pay for City projects. Chairman Plummer: First and foremost. Charity starts at home. The Mayor has asked for a five minute recess which will be granted. Commissioner Teele: Mr. Chairman. Chairman Plummer: Mr. Teele. Commissioner Teele: On that issue. Would you all schedule this item for a public hearing so that we can move, you know... The action requires a public hearing... Ms. Bianchino: Yes, sir. Commissioner Teele: ... and really that's what we should have had today. Chairman Plummer: We'll be in five minute agenda recess and, then, we will immediately go into... They Mayor has an item and, then, we will go into Planning and Zoning. I think all of us need to remember to wish the University of Miami good luck tonight. Absotively. I still don't know how they beat the number two team and only went from sixteen to thirteen. Somebody is playing with that. We got to have them doing what is necessary. THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 4:14 P.M., AND RECONVENED AT 4:22 P.M., WITH ALL MEMBERS OF THE CITY COMMISSION EXCEPT VICE CHAIRMAN GORT AND COMMISSIONER SANCHEZ FOUND TO BE PRESENT. 35. DISCUSS / DIRECT CITY ATTORNEY TO NEGOTIATE WITH MIAMI-DADE COUNTY ATTORNEY REGARDING EMINENT DOMAIN PROCEEDINGS IN CONNECTION WITH MIAMI CIRCLE, LOCATED AT 401 BRICKELL AVENUE (BRICKELL POINT) - FOR PURPOSES OF AVOIDING POTENTIAL LITIGATION WITH MIAMI-DADE COUNTY — ENGAGE TEW CARDENAS LAW FIRM REGARDING LAWSUIT FILED BY MIAMI-DADE COUNTY. Chairman Plummer: Hello, this meeting will come to order. We were operating on a five minute recess. The five minutes has come and the five minutes have gone. Mr. Dean, it's nice to have you here, sir. All right, Mr. Regalado, Mr. Teele, all other interested parties. Where is "Hell Raiser", Joe? All right, Mr. City Attorney you have an item you wish to bring up. Mr. Alejandro Vilarello (City Attorney): Yes, sir. As you all know the Miami -Dade County sued the City of Miami and Brickell Point, Ltd., in a petition for eminent domain proceedings and a complaint for permanent injunction. I am requesting that the City Commission authorize me to retain the law firm of Tom Tew Cardenas Rebak Kellogg and Lehman to represent the City in this matter, and that the fees not exceed twenty-five thousand dollars ($25,000). The firm will bill their hourly rate of one hundred and fifty dollars ($150) an hour and 1 am further requesting that you direct me to take any and all additional legal action necessary to protect and defend the interest of the City of Miami, including but not limited to any notice provisions authorized by law. The reason I request this outside counsel is the County in its eminent domain proceeding goes further than the simple process against the City. It requests injunctive 101 . February 23, 1999 relief against the City based on certain inaction of the City of Miami. Therefore, 1 think that the Cite needs to vigorously pursue the defense of this and the imposition of the permanent injunction. Chairman Plummer: All'right. [Note: At 4:23 p.m., Vice Chairman Gort and Commissioner Sanchez entered the Commission Chambers.] Commissioner Sanchez: Mr. Chairman. Chairman Plummer: Mr. Sanchez. Commissioner Sanchez: I want to make sure that, first of all, I don't think we have a legal case against the County that, but then again, I am not an attorney. Now, I do believe that we have good, reasonable policy arguments on this matter. The other matter that I... the other concern that I have is, you know, the County has already filed for eminent domain, they've taken on the responsibility. Now, we should, and 1 want to make sure we understand this, it's in the best interest of the City to get legal advise to make sure that we are not held -responsible for any money that later on might be said that we are responsible for. But, I guarantee you this, it's going to be confrontational, argumentative and down right a dog fight between the City and the County when we... We must be very careful how we take this on so we don't continue to bring this City a bad image. Mr. Vilarello: Commissioner, if I may? The... I want to express to the City Commission that this lawsuit goes further than a standard eminent domain proceeding. It goes further and I think -it takes affirmative action against the City to try to create some liability as against the City. 1 would not like to discuss that further on the public record. If you wish me to get into more detail I can do so privately or I recommend that this City Commission asks for shade meeting, an executive session to discuss the litigation strategy in this case. Chairman Plummer: I am extremely... Commissioner Teele: Mr. Chairman. Chairman Plummer: If I may, Mr. Teele. I am extremely concerned that the County not having the amount of funds necessary are going to find every way possible to draw this City into and incorporate our check book. I think that the least that we say the better off we are. You know we were told, I was told the other day as a City Commissioner what options do I have, and I was told I have two options. Buy it or keep your mouth shut. We couldn't buy it, and I want to keep my mouth shut because I don't want to get involved. Mr. Teele, you have the floor. Commissioner Teele: Mr. Chairman, I am in general agreement with the statements of Commissioner Sanchez, and I share some. of the concerns that Mayor Carollo has expressed publicly particularly regarding the fact that we need to be very careful in our dealings with the County. But at the end of the day, you know we all are here trying to do the public good. I think that the City Attorney should be instructed to do something which may be radical in the City of Miami, and that is to go sit down and try to negotiate and talk it over with the County Attorney. Have you done that? Mr. Vilarello: No sir, I have not. 102 February 23, 1999 Commissioner Teele: OK. If we can negotiate in Kosovo before we start bombing, we ought to be able to negotiate with the County. Now, 'it'does not make sense. I have, let me say this, I will second any motion to hire that law firm to do anything. I happen to think it's one of the finest law firms in the Cite. I think we are jumping ahead of ourselves, I really do. Because once we start hiring lawyers you know the only thing that's going to happen is that the legal fees are going to get more and more, the issues are going to get more and more complex. And, I think before we start suing and counter -suing, and I realize that the City... the County has joined us, but I got to tell you something, I don't know legally in a slow tape what they could plead without trying to plead us in to get where they are today, .and that is, to get an injunction. I just, I have wracked my brain to see whatever theory they could come up with, I don't know of another theory, I mean, so what 4 am saying to you is, I don't think we should see this action as being a hostile action because of the lawsuit. And, again, I am in agreement with Commissioner Plummer that we really perhaps should not get into trial strategy, but what I am suggesting to you, Mr. Attorney, is the fact that they impleaded us in, in my judgment was more for their trial strategy than to start a war with us. And, I would like to be comfortable that in fact, we do have options before we start hiring lawyers, and I would urge you, I would urge this Commissioner, number one, to instruct you to work with the City, the County Attorney and to determine whether or not we have options before we hire another lawyer. And, number two, I believe that in working with them we should seek to get what Mayor Carollo said from the very beginning and that is, an indemnification and hold harmless. And, I believe that a hold harmless agreement, and I would like to know your reaction. But, if we had a hold harmless agreement from the County, would you have the same concern? Mr. Vilarello: Commissioner, my recommendation to you would be that your comments are well taken. I think that it's appropriate for us to contact and communicate with the County Attorney's Office. However, I would request that today you authorize me to retain the firm because if that conversation does not end up in the City's interest being well protected, then I would have to come back to the City Commission and we are operating currently under a temporary injunction that I think raises some very serious issues and possible liability issues as against the City. So, I would more than welcome your direction, the Commission's direction to meet with the County Attorney, however, I would request that you authorize the retention of the counsel today. Chairman Plummer: All right. Vice Chairman Gort: Mr. Mayor. Chairman Plummer: As you stated, the less we say the better it is. But, my understanding is that we could have some liability and this is something that we don't want to bring to the City because we have had a lot of problems and we have worked very hard and a lot of people have sacrificed themselves to keep this City afloat. So... Chairman Plummer: All right. Vice Chairman Gort: ... at this time I am willing to follow the... your recommendation. Chairman Plummer: Is there a motion on the recommendation of the City Attorney? Commissioner Regalado: Mr. Chairman. Chairman Plummer: Mr. Regalado. 103 1 February 23, 1999 Commissioner Regalado: Just very brief, Mr. Attorney. I did not get any information on the suit that was filed against the City. As I told you earlier, the only thing that I know is what I read in the paper on Saturday, and the possible hiring of the firm. * That's the only information that I have since I. have not been able to receive any information nor will I request that information in public. I would have to follow Commissioner Teele's suggestion that we direct you to immediately meet with... The County by the way has been on record in saying that they will be willing to compensate the City which is what we are looking for. I guess that that's the main thing that we are looking for now. So, I don't have the information. Your sense of urgency maybe very well taken, but 1 don't have the information to vote today. Commissioner Sanchez: Mr. Chairman. Chairman Plummer: Mr. Sanchez. Commissioner Sanchez: This question is directed to the City Attorney. Mr. Attorney is the City liable or could be liable for anything concerning the eminent domain? Mr. Vilarello: Commissioner, if you... I would be more than happy to address that issue with you either privately or in a meeting, an executive session of the City Commission. Commissioner Sanchez: It's scratched. Is there a possibility of the City? Mr. Vilarello: Commissioner, any time that there is litigation there is always a possibility of liability.. Commissioner Sanchez: So, I'll tell you what, I will make the motion to seek legal counsel, the counsel that you... I'll make the motion. Chairman Plummer: All right, there is a motion to take the recommendation of the City Attorney. Is there? Vice Chairman Gort: Let me second with... Chairman Plummer: Seconded by Mr. Gort. Vice Chairman Gort: I'll second with an amendment... Chairman Plummer: All right. Vice Chairman Gort: ... that before this, you bring these people abroad, this firm, that you talk to the County, you feel comfortable and that's what 1 would like the amendment to be. Mr. Vilarello: Commissioner, can I? Chairman Plummer: Mr. City Attorney. Mr. Vilarello: Can I request that I be permitted to bring counsel with me to meet with the County Attorney? Commissioner Sanchez: Absolutely. 104 February 23, 1999 Mr. Vilarello: Thank you. Vice Chairman Gort: Pro bono. Mr. Vilarello: I'll certainly make that request to the... I think that it's important that we make sure that we take a consistent position, so... Chairman Plummer: All right. Vice Chairman Gort: We all want to work.as a'team. I think we all want to be teammates, but at the same time we want to make sure that we do the right thing not to bring any liability,to the City. Mr. Vilarello: -Yes, sir. Vice Chairman Gort: And, I am sure that firm will understand and at probably the first meeting they will probably be willing to do it pro bono. Chairman Plummer: All right, any further discussion? Commissioner Teele: Mr. Chairman. Chairman Plummer: Mr. Teele. Commissioner Teele: Look, there is no one on this Commission who has tried to assume the role of a City Commissioner given the fact that I served as a County Commissioner where there is a sort of presumption that I am going to look out for the County and the City. I have done everything I can on the OMNI. I have said just this morning that that was a very bad deal. It was my hope that the Commission would have said, let's hold everything in place, let's don't move forward. The County is taking tremendous advantage of the City in the CRA (Community Redevelopment Agency) Omni deal, we established thUt this morning. I have been here, ever since I have been here talking about how bad the water and sewer deal is. How the County is taking forty-five million dollars ($45,000,000) off the top for administrative fees. The City doesn't get anything. We don't get paid for our use of our roads, we don't get paid for roads being torn up. They store property on City property without compensation. They compensate everybody else. I have been here talking about the fact that the City has a horrible deal with the County on the payments in lieu of services with public housing. They pay us what? Fifty thousand... What is it they pay us? Huh? Vice Chairman Gort: I think it's one hundred thousand dollars ($100,000) a year. Commissioner Teele: It's less than that. Some nominal amount of money, we can't charge them for emergency fire services. They don't cooperate. They make no payments in lieu of taxes. I mean, the litany goes on and on and on. But, this is what I want to be very clear on. This action that is being proposed now is a very hostile action. And, Mr. Attorney, I think, I think you need to be very clear with this Commission that this is a hostile action when we start talking about hiring a lawyer to go after the County, because what the County has done, in my judgment is merely met, checked off the right boxes to get where they want to get which is to get a temporary restraining order. They couldn't get a temporary restraining order without a quick take. And, the fact of the matter is everybody says the County doesn't have enough money. Look, when Article V passed, the County just wind up with a windfall of one hundred and twelve million dollars ($112,000,000), and .everybody hadn't figure that out, you know, it's... we are slow on the math here. Article V, the change in the Constitution gave the County a 105 - . February 23, 1999 windfall. Right now in their budget of one hundred and twelve million dollars ($112,000,000) a year. So, it's not a question of does the County have the money, the County's has got the money to buy the thing. So, I think we need to be very, very careful. What we are getting ready to do now, in my judgment is get into a contest based upon two very, warm, wonderful egos that quite frankly are going to wind being to the detriment of the citizens of Miami. I am strongly counseling my colleagues that we should negotiate with the County. We should do everything reasonable that we can to avoid a litigation with the County on this issue. There are some much bigger issues and much more money that we could win money from the County from if we were willing to take them up. But, I don't think this is the issue to fight them on. - We said, if somebody will step in, we would be grateful. Everybody wanted to save "The Circle." Only one person, after listening to us go on and on for three hours said, "OK, I didn't hear what I want to hear from you all,'I am willing to do it." Mayor Penelas, I mean, you know, say what you want to about him, but you know, he's shown that he's got the courage to do what he thinks is right. Now, at the same time, he's got the County out there on the line without us. We are not on the line with him, and that's apparently what we said we want. The only thing that we are missing now is an indemnification from the County. As I read it, Alex, Mr. Vilarello, is that all, the only thing that we said we wanted was an indemnification? Mr. Vilarello: Commissioner, of course, they filed the action against the City, and my only response is that the way I read this action it is a very hostile act as against the City. The eminent domain action could proceed without the City as a party or with the City only as a nominal party and the action and the allegations contained within this claim do, I think take a very hostile position as against the City. However, you are correct, if they indemnify and hold us harmless that certainly changes my feeling of their motivation in filing this lawsuit. Commissioner Teele: Well, do we... Are we interested in being held harmless or are we interested in a long, protracted two million dollar ($2,000,000) lawsuit? I mean, and I think that's what the five of us need to try to figure out, where we are on this thing because I can tell you, in my judgment it is nothing wrong with instructing the City Attorney with counsel, with outside counsel or without outside counsel to go there and try to seek the indemnification. But, what's going to happen is, if you don't put some brakes on this thing there is going to be, you know, you have got a lot of different egos and a lot of different personalities mixed up into this. You are going to have some statements being made in the press. You are going to have somebody saying draft these charges, or draft counter charges, and before long we are going to be elevated into something we don't really want to be in. All we want is "The Circle" saved and us out of it. And, I just think we ought to go ahead, give ourselves the time to let the City Attorney negotiate with the County Attorney, ask that they have a special meeting, indemnify us, if they don't let us have a special meeting, come here and I'll vote to... I will vote along with the majority, the three of you that apparently, the four of you that want to go ahead and hire this attorney now. But, I think we're, we are getting the cart in front of the horse. Why? Is it because of our timetables? This is a very serious matter to authorize the hiring of a lawyer against a fellow governmental jurisdiction. We have got lobbying issues in Tallahassee. This thing ladies and gentlemen is going to spill out and I am going to tell you, there is not going to any end to how this thing is going to wind up playing out if we are not careful here. It's going to play out in Tallahassee, it's going to play out in the halls of the legislature, it's going to play out in the various kinds of inter -governmental relationships that we have, and 1 am not afraid to fight the County when we got them dead in the wrong. But, what they have tried to do, I think, is what the public wants, and I think we are going to wind up looking like, we as the City are going to real wind up looking like we are going against the public will. And, I for one would very much like to give the.City Attorney the time to negotiate before we start the shooting. Chairman Plummer: Is there any further discussion? Let me ask it on the record. Mr. City Attorney, 1 am one who likes to be prepared, and you don't get hit with something today and be caught without your 106 . February 23, 1999 proverbial ready. Can we approve the hiring of this law firm, but not to take any legal court action except approved by this Commission? Vice Chairman Gort: That was the amendment that I made. Chairman Plummer: Well, your amendment... Mr. Vilarello: Well, however... The problem that we have here is that there was... there has been an injunction entered against the City. Chairman Plummer: All right, so we are already in it. All right. Mr. Vilarello: It was in injunction entered without notice to the City, and it's appropriate.for us to have... My concern with regard to liability of the City.:. is strictly based on what they assert as the basis for that motion for injunctive relief. Chairman Plummer: There is motion on the floor duly seconded, call the roll. [COMMENTS MADE DURING ROLL CALL:] Commissioner Regalado: Mr. Chairman, and members of the Commission, because I don't have the information and because I. really think that what the City wants is to be a partner in this event I have to vote, no. Commissioner Teele: Mr. Chairman, -this is a serious mistake. I vote no, but I certainly will support the will of the majority in my statements, but I do urge that we work with the City Attorney and ensure that we are not... Because, I am going to tell you, nobody is reading pleadings, but -lawyers and maybe one elected official around here and some pleadings are going to get filed once you hire a lawyer and I can tell you, you can be in the soup before you know it. So, I think we have got the cart in front of the horse. I have to vote no. 107 ..February 23, 1999 The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-150 A RESOLUTION OF MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO ENGAGE THE FIRM OF TEW CARDENAS REBAK KELLOGG LEHMAN DeMARIA AND TAGUE, L.L. P. TO PROVIDE LEGAL SERVIECS TO THE CITY OF MIAMI IN CONNECTION WITH THE LAWSUIT, MIAMI-DADE COUNTY VS. BRICKELL POINT, LTD., BCOM-BP, INC., BCOM- OP, INC., COLONIAL BANK, AND THE CITY OF MIAMI, ELEVENTH JUDICIAL CIRCUIT COURT, CASE NO. 99-042119, CONCERNING THE PROPERTY LOCATED AT 401. BRICKELL AVENUE, MIAMI, FLORIDA, COMMONLY KNOWN AS THE MIAMI CIRCLE, WITH FEES FOR SAID SERVICES IN AN AMOUNT NOT TO EXCEED $25,000; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 920205-270; FURTHER, DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL ADDITIONAL LEGAL 'ACTION NECESSARY TO PROTECT AND DEFEND THE INTERESTS OF THE CITY OF MIAMI, INCLUDING BUT NOT LIMITED TO ANY NOTICE PROVISIONS AUTHORIZED BY LAW. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Vice Chairman Gort, the resolution was passed and adopted by the following vote: AYES: Commissioner Joe Sanchez Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS:. Commissioner Tomas Regalado Commissioner Arthur E. Teele, Jr. ABSENT: None. Chairman Plummer: We are now in the Planning and Zoning agenda for item number... Mayor Carollo: Mister... Mr. Chairman. Chairman Plummer: Mr. Mayor. Mayor Carollo: Can 1, please, have just a few brief minutes now we have voted upon this because I must clear the air on some of the statements that were made here. Because this is not about two egos, or three or four or anything other than that. This is about making sure that we do what the County or anyone else is going to do for us to make sure that we get fairness for the residents of Miami. Let me go in sequence 108 February 23, 1999 because I think this has to be said, our residents need to hear this. Let me go in sequence briefly over some of the series of events that have ~happened. ` January 26, 1999, in a letter to the developer from Robert S. Karr, the Chief Archeologist for the County on this project and all the other projects writes to Mr. Bowman January 26`h just a few week ago, and he states: "Dear Mr. Bowman, this is to document the completion of three tasks requested in our letter of September 2151 to Angela Ascetero (phonetic). specifically providing a set of plans, the consults interim archeological report in a commitment to find the proceeding of recovered artifacts. Based on completion of those tasks in our ongoing work to record and preserve a record of The Circle this is provided as a letter of completion of our archeological investigation effective as of February 26, 1999. Building permits should not be delayed relative to the archeological issue since the remaining recording tasks will be accomplished by February 26`h. Work to be accomplished until that date will include completing a cast of The Circle and possibly cutting and removing some portions of stone as well as continuing to recover artifacts and information. If you receive your building permits prior to February 261h, then I would request ample notice of at least three days to allow for completion of our work task and we will vacate the site. If permits are received after February 261h that any additional investigations we might conduct there after that date will be with your permission. It is understood that upon inception of construction activities, the archeological monitoring will continue. You have identified Scott Lewis, archeologist as the consultant who will conduct that work. We appreciate your continued cooperation and support to document this important site. Sincerely, Robert S. Karr, Director of the Historic Preservation Division of Dade County." Mr. Vilarello: Mr. Mayor. Mayor Carollo: Yes. Mr. Vilarello: I am a little concerned because we are in the middle of pending litigation that we continue on this discussion. I am glad that you read that memo because in fact, that is direct evidence of the County's acquiescence to the completion of the archeological finding. Mayor Carollo:. That is correct, Mr. Attorney... Mr. Vilarello: But, I am concerned about litigation. Mayor Carollo: ... and I would concede to your request, but let me say on record that what I am very appreciative on behalf of the residents of Miami, that this Commission did not allow was to have handcuffs be placed upon this City legally. We need to have every legal option available to defend this City. And, if I may add, and I will say this, and then I will stop on the record, I was told the night before the County came to our Commission meeting of last week on this that they felt, and this came from the highest source of the County, that they felt that if we did not join them in what they wanted us to do and requested us to do on Tuesday that we had liability. And, this is why frankly, we need legal representation when they have been the ones that have sued us not the reverse. Thank you. [NOTE: AT THIS POINT, 4:48 P.M. THE CITY COMMISSION TABLES CONSIDERATION OF THE REGULAR PORTION OF THE AGENDA IN ORDER TO CONSIDER ITEMS FROM THE PLANNING AND ZONING PORTION OF THE AGENDA.] 109 . ..February 23, 1999 3 6 . APPROVE CONSIDERATION OF A MAJOR USE SPECIAL PERMIT FOR THE SILVER BLUFF HARBOUR CONDOMINIUM RESIDENCES OF COCONUT GROVE PROJECT — TO ALLOW .DEVELOPMENT OF AN 11 UNIT LUXURY RESIDENTIAL CONDOMINIUM COMMUNITY LOCATED AT APPROXIMATELY 1660 SOUTH BAYSHORE COURT — APPLICANT JAMES E. KUTTEROFF. Chairman Plummer: OK, we are now on PZ-1. All items, is in reference to 1660 South Bayshore Court. . Ms. Lourdes Slazyk (Asst. Director/Planning Department): PZ-1 is a request for a Major Use Special Permit to allow an 11-unit luxury residential condominium. Chairman Plummer: Is anyone here in opposition? Is anyone here in opposition? Do we need to hear a presentation? Does any Commissioner wish a presentation? Commissioner Regalado: I, I read the... Chairman Plummer: Hearing none, is there a motion? Commissioner Regalado: I'll move. Chairman Plummer: Moved by Regalado, seconded by... Well, I have only got one other, Mr. Teele, can you second the motion? Seconded by Teele. All in favor say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Show... Vice Chairman Gort: Where are we? Chairman Plummer: We are on item one. Vice Chairman Gort: It passed already? Chairman Plummer: We passed it already. Ms. Slazyk: Thank you, very much. Chairman Plummer: Item two. Vice Chairman Gort: You are not going to let them do any work or anything? Chairman Plummer: Is? Vice Chairman Gort: No,.wait a minute, hold it, hold it. Chairman Plummer: Well, you are not... Vice Chairman Gort: Hold it, hold it. . 110 . February 23, 1999 Chairman Plummer: What? Vice Chairman Gort: All right. Chairman Plummer: All right, what? Vice Chairman Gort: Moved. I'll second it, whatever. Chairman Plummer: Would you sit down? Ms. Slazyk: Thank you. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO.99-151 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING WITH CONDITIONS, A MAJOR USE SPECIAL PERMIT PURSUANT TO ARTICLES 9, 13 AND 17 OF ZONING ORDINANCE NO. 11000, FOR SILVER BLUFF HARBOUR PROJECT, TO BE LOCATED AT APPROXIMATELY 1660 SOUTH BAYSHORE COURT AND 3560 WEST GLENCOE STREET, MIAMI, FLORIDA; TO BE COMPRISED .OF A MULTIFAMILY CONDOMINIUM PROJECT CONSISTING OF 11 RESIDENTIAL UNITS WITH ACCESSORY AMENITY SPACES AND RECREATIONAL USES; DIRECTING TRANSMITTAL OF THE HEREIN RESOLUTION; MAKING FINDINGS OF FACT AND STATING CONCLUSIONS OF LAW; PROVIDING FOR BINDING EFFECT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: ' None. ABSENT: None. III February 23, 1999 3 7 . GRANT APPEAL OF HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD DECISION WHICH APPROVED A CERTIFICATE OF APPROVAL WITH CONDITIONS —FOR CONSTRUCTION OF NEW SINGLE FAMILY RESIDENCE, INVOLVING TREE REMOVAL. WITHIN ENVIRONMENTAL PRESERVATION DISTRICT. Chairman Plummer: Is Maurice Ferre here? Commissioner Teele: Why? Chairman Plummer: I told him I would hold item two until he got here. Sir, you are the applicant, you wish to have papa here or to proceed? Mr. David Swetland: No proceed... Chairman Plummer: All right, sir. Then, item two is the next item on the agenda. For the record sir, give us your name and mailing address and proceed. Be careful because it says approval. All right, are you appealing the approval? Mr. Swetland: Yes, I am. Chairman Plummer: All persons that are going to testify today in any Zoning matter, please stand up and raise your right hand, especially the attorneys. All right, swear them in,. AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Chairman Plummer: Any person acting as a lobbyist must be registered with the Clerk. All right, sir, for the record your name and mailing address, please. Into the microphone, sir. Mr. Sweatland: David Sweatland, 3505 Main Lodge Drive, Coconut Grove, Florida. Chairman Plummer: All right, sir, proceed. Mr. Sweatland: I have come to ask the Commission to reverse that part of the order to stay an execution, if you will, of two almond trees on the property of Felise Mergo and on my property which consists of an easement in the front of the Mergo property. Mrs. Mergo was here earlier, is she here now? No, she is not. May I proceed? Chairman Plummer: Definitely, sir. You have three minutes left. Mr. Sweatland: My attorney and I have searched all of the ordinances that we can find and we cannot find any reference to tropical almond trees in any of the ordinances, City, County whatever, and I have a file here of those that we have researched and we cannot find this as a protected tree, a prohibited tree or a controlled tree. We have permitted six of the almond trees that were offending the Heritage Board. We have allowed five of those for them to be destroyed. When they came to the principle ones in the front of the property we said no. Those trees are a significant landscape... Chairman Plummer: Go ahead, sir. 112 February 23, 1999 Mr. Sweatland: They are a significant landscape item. in that property which is now almost totally devoid of trees. We have, we are proposing that the two trees'that are shown in this picture be saved for the time that's necessary to plant other trees around and near them which will take the place of these significant canopy providers for the lot. Chairman Plummer: Thank you, sir. Now, the administration, why you don't want to save the almond trees. Ms. Sarah Eaton (Liaison, Urban Development & Review Board): Almond trees are a controlled species according- to the Miami -Dade County landscape code. They are very invasive to native hammock communities of which the Barnacle and the Cloisters are in the immediate vicinity. For that reason the board required that all of the almond trees on the property be removed and we are, therefore, recommending that the Commission deny the appeal of the neighboring property owner and affirm the decision of the Historic and Environmental Preservation Board. Chairman Plummer: OK. Just for the record, ex -Mayor Maurice Ferre was here to speak on behalf of saving the almond trees. I hope I am not in trouble that you said to proceed without him, because I had told him that I would wait until he got here. But in fact, just for the record, let it be known that he was here and did wish to speak on behalf of the trees. The floor is open for a motion. Commissioner Sanchez: To save the trees? Chairman Plummer: To save the trees or not save the trees. Commissioner Sanchez: A motion to save the trees. Chairman Plummer: A motion to save, that will be to deny the appeal. Mr. Joel E. Maxwell (Asst. City Attorney): Could you be? Could you be a little more? Chairman Plummer: 'No, to grant the appeal. Ms. Eaton: Grant the appeal. Mr. Maxwell: Grant the appeal as requested. Chairman Plummer: There is a motion to save the trees. Commissioner Teele: 1 second the motion. Chairman Plummer: Second the motion by Teele. Commissioner Teele: Listen, is that, Mister... Question, is that the only issue, the tree? Ms. Eaton: Yes. Chairman Plummer: Yes. Commissioner Teele: Two trees? 113 - -February 23, 1999 Commissioner Sanchez: I am sure that could be worked out. . Could it be worked out? Chairman Plummer: All right. Commissioner Teele: That's the only issue? Ms. Eaton: Yes. Well, the appellant can speak to that, but... Chairman Plummer:. That's the only issue. Commissioner Teele: Or the staff, is the staff. Is that the only staff issue? And, what's the staffs rationale again? Ms. Eaton: Tropical almond are controlled species. They are very invasive of native hammock communities. We had, when the Cloisters was approved all of the almond trees were being removed from that site to restore the Hammock. The Barnacle is almost next door, and so we are trying to remove invasive trees from the immediate vicinity. Chairman Plummer: All right, the motion is to grant the appeal. All in favor say "aye." The Commission (Collectively): Aye. Chairman Plummer: Anyone wish to be -requested to be negative vote? Show unanimous approval. Sir, you got your almond trees, send me a few almonds. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO.99-152 A RESOLUTION GRANTING THE APPEAL OF DAVID W. SWETLAND, AFFIRMING AND MODIFYING THE- DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH APPROVED, WITH CONDITIONS, A CERTIFICATE OF APPROVAL FOR THE CONSTRUCTION OF A SINGLE FAMILY RESIDENCE, INVOLVING TREE MAINTENANCE AND/OR REMOVAL, FOR THE PROPERTY LOCATED AT 3190 MUNROE DRIVE, MIAMI, FLORIDA. 114 February 23, 1999 (Here,follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: None. Chairman Plummer: Item three, vacation and closure of a public right-of-way, Miami -Dade County. Commissioner Sanchez: We do care about the environment. 3 8. APPROVE CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF PUBLIC RIGHT-OF-WAY, BEING THE PORTION OF N.E. 13T" TERRACE BETWEEN BISCAYNE BOULEVARD AND NORTH BAYSHORE DRIVE AND THE TWO CORNER CLIPS LOCATED AT THE N.E. AND N.W. TWO CORNER CLIPS LOCATED AT THE N.E. AND N.W. CORNERS OF BISCAYNE BOULEARD AND N.E. 13T" STREET AND WALDEN COURT BETWEEN N.E. 13TH TERRACE AND N.E. 13TH STREET — APPLICANT(S): MIAMI-DADE COUNTY, DAGREN INC. & KNIGHT RIDDER, INC. Chairman Plummer: Ms. Pardo, is she present? Is? She's the Attorney of record. Ms. Dougherty, you don't look like Ms. Pardo. Ms. Lucia Dougherty: I just have a smaller stomach today, that's all. Chairman Plummer: Item three. Ms. Dougherty: Yes, sir, I am here on behalf of Metropolitan Dade County as well as Knight Rider, who are the owners of the subject property. However, this is really an implementation of your plan, your Major Use Special Permit and your Performing Arts Center that the City of Miami fought very hard to get in the City of Miami. You may recall when this actually occurred, it was a big fight between Miami Beach and Miami to have this Performing Arts Center here in the City of Miami, and I think we are very lucky to do so. This, yes, sir. Chairman Plummer: Is there a motion? Commissioner Sanchez: Move. Chairman Plummer: Seconded by? 115 February 23, 1999 Chairman Plummer: Any further discussion? All in favor say "aye." The Commission (Collectively): Aye. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO.99-153 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S0, CLOSING. VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THE PORTION OF PUBLIC RIGHT-OF-WAY, BEING THE PORTION OF N.E. 13TH TERRACE BETWEEN BISCAYNE BOULEVARD AND NORTH BAYSHORE DRIVE AND THE TWO CORNER CLIPS LOCATED AT THE N.E. AND N.W. CORNERS OF BISCAYNE BOULEVARD AND N.E. 13TH STREET NAD WALDEN COURT BETWEEN N.E. 13TH TERRACE AND N.E. 13TH STREET, MIAMI,. FLORIDA, MORE PARTICULARLY DESCRIBED IN THE ATTACHED COMPOSITE EXHIBIT "A'; MAKING FINDINGS AND PROVIDING- FOR AN EFFECTIVE DATE. (Here follows body of resolution, omitted here and on file in the Office of the City -Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: None. 3 9. APPROVE CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF THE 50 FOOT RIGHT-OF-WAY OF S.W. 2ND COURT THAT LIES WESTERLY OF THE WESTERLY RIGHT-OF-WAY LINE OF I-95 — APPLICANT(S): CONSTANTINO ARGIMON, SECRETARY FOR CORAL RITZ PROPERTIES, INC. Chairman Plummer: Item four. Item four is the vacation and closure of public right-of-way, Southwest Tod Court, the 50 foot right of way. Commissioner Sanchez: So moved, approved. Chairman Plummer: It's for the approval, approval, approval. 116 February 23, 1999 Commissioner Regalado: Second. Chairman Plummer: Moved by Sanchez, seconded by Regalado. The administration, 1 assume by virtue that it's on this agenda recommend. Mr. Jim Kay (Director, Public Works Department): Yes, sir. Recommend. Chairman Plummer: All in favor say "aye." The Commission (Collectively): Aye. Chairman Plummer: Anybody wish to be recorded, no? Show it unanimous. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO. 99-154 A RESOLUTION OF THE MAIM] CITY COMMISSION, WITH ATTACHMENT (s), CLOSING, VACATING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF THE PUBLIC RIGHT-OF- WAY BEING THE FIFTY _ (50) FOOT RIGHT-OF-WAY OF SOUTHWEST 2ND COURT THAT LINES WESTERLY OF THE WESTERLY RIGHT-OF-WAY LINE, OF 1-95 AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez . . Commissioner Arthur E. Teele, Jr: Vice'Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: 'None. 117 February23, 1999 4 0 . APPROVING CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF S.W. 1ST COURT AND S.W. 14TH STREET AND EASEMENT BOUNDED TO THE SOUTH BY. S.W. 15TH ROAD TO THE NORTH AND TO THE WEST BY METRORAIL RIGHT-OF-WAY AND TO THE EAST BY THE PLAT OF BRICKELL WEST — APPLICANT(s): MERCORAL PROPERTIES, HARVEY TAYLOR AND MIAMI-DADE COUNTY - INCLUDE COMPANION IN NEXT REGULAR AGENDA PROVIDED ALL DOCUMENTATION. Chairman Plummer: Item five. Item five is the closure of public right-of-way, Southwest I" Court, Southwest 141h Street to 15`h Road. Vicky Garcia -Toledo. It's for approval and approval and I don't think you need to say anything, is there a motion? Chairman Plummer: Moved by Sanchez. Commissioner Sanchez: Wait, wait, wait, hold on. We have... Chairman Plummer: Is there someone objecting? Commissioner Sanchez: No objection, Joe. Chairman Plummer: Sorry. Commissioner Sanchez: None whatsoever. Smooth. Chairman Plummer: Moved Sanchez, it's in his district. Seconded by Regalado. All in favor say "aye." The Commission (Collectively): Aye. Chairman Plummer: Anyone wish to be recorded negative? Show a unanimous vote. The following resolution was introduced by Commissioner Sanchez, who moved its adoption: RESOLUTION NO.99-155 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (s), CLOSING, VACATING, ABANDONING,A ND DISCONTINUING A PUBLIC RIGHT-OF-WAY AND EASEMENT, BEING A PORTION OF SOUTHWEST 1ST COURT AND SOUTHWEST 14TH STREET AND EASEMENTS BOUNDED TO THE SOUTH BY SOUTHWEST 15T" ROAD, TO THE NORTH AND TO THE WEST BY METRORAIL RIGHT-OF-WAY, AND TO THE EAST BY THE PLAT OF BRICKELL WEST, MIAMI, FLORIDA, AS MORE PARTICULARLY LEGALLY DESCRIBED ON EXHIBIT "I", ATTACHED HERETO AND INCORPORATED HEREIN. 118 February 23, 1999 (Here follows bodyof resolution, omitted here and on file. in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Chairman J. L. Plummer, Jr. NAYS: . None. ABSENT: Vice Chairman Wifredo Gort Chairman Plummer: Item six. [COMMENTS MADE AFTER ROLL CALL] Ms. Vicky Garcia -Toledo: Excuse me, Mr. Chairman, just one quick question. This was to have... Chairman Plummer: You are bordering on a loss. Ms. Garcia -Toledo: This was supposed to have a companion item, sir for an approval of the plat. It's no one's fault. It fell through the cracks and it did not appear in your agenda. Chairman Plummer: It will be on the next agenda. Ms. Garcia -Toledo: Could we have it on the next regular agenda, sir? Mr. Jim Kay (Director, Public Works Department): Next regular agenda providing all the documents that go with it is... Chairman Plummer: If possible. Mr. Kay: ...and the approval of the Manager and the Agenda Clerk and Law Department. Chairman Plummer: OK. Ms. Garcia -Toledo: We certainly appreciate that. Chairman Plummer: Where is Mr. Gort? Mr. Gort is... Commissioner Sanchez: Vicky, keep up the good work. 119 February 23, 1999 41. APPROVE SPECIAL EXCEPTION COMMISISON AS LISTED IN ORDINANCE NO. I1000, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, CONDITIONAL PRINICIPLE USES — TO PERMIT A HEALTH CLINIC IN THE R-3 ZONING DISTRICT — LOCATION: APPROXIMATELY 1355 S.W. 37TH AVENUE — APPLICANT (S): HECTOR E. HERNANDEZ. Chairman Plummer: Where is Mr. Gort. This next item is in Mr. Gorf's district and I would want him present. Commissioner Regalado: No, it isn't. Chairman Plummer: Is it in your district? Commissioner Regalado: Yes, sir. Chairman Plummer: Then, I stand corrected, item six. Item six is 1355 Southwest 37`h Avenue. I am sorry, I thought it was Northwest. Ms. Lourdes Slazyk (Asst. Director, Planning Department): Item six is a request for a Special Exception to permit a health clinic at the subject property. It was recommended for approval by the Zoning Board. Chairman Plummer: Is there anyone here in opposition? Commissioner Regalado: Which, which? Chairman Plummer: Mr. Regalado. Commissioner Regalado: Yes, I just want to know, what did you say for clinic? Ms. Slazyk: A health clinic. What I have to say here is, when the plans first came in the department felt there was a lack of parking and the applicant was very cooperative and met with us and we were able to reconfigure the site to put sufficient parking in for the use and we are more than satisfied that with the revised plans and the conditions that this will be beneficial to the neighborhood. Commissioner Regalado: This is... Your client bought this recently or this is something... Mr. Santiago Echemendia: No. Santiago Echemendia, 201 South Biscayne Boulevard. Dr. Hector Hernandez has owned this property for a pretty long period of time. There has been a number of similar conversions in the area and so he thought that it would be appropriate and compatible with the surrounding zoning. We met with staff after our initial submittal and they had a concern regarding the number of parking spaces that were provided so we provided more spaces than are required by the code and accordingly engendered a favorable recommendation from staff and have some other constrictions as part of the application. Commissioner Regalado: I will move that, but a question for Lourdes. We have a similar case in District IV, another health clinic, Flagler and 30`b Avenue, and they are having problems in terms of the parking situation. Are you aware of that case? 120 February 23, 1909 Ms. Slazyk: No, I am not but I can.look into it. Commissioner Regalado: OK. All right, I'll move this. Chairman Plummer: All right, moved by Regalado, seconded by Sanchez. Anyone here in opposition? Let the record reflect no one came forth to speak in opposition. All in favor say "aye." The Commission (Collectively): Aye. Chairman Plummer: Anyone wishing to be registered as a negative vote? Show unanimous. The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO.99-156 A RESOLUTION OF THE MIANH CITY COMMISSION, WITH ATTACHMENT, AFFIRMING THE DECISION OF THE ZONING. BOARD THEREBY GRANTING A SPECIAL EXCEPTION FROM THE ZONING ORDINANCE OF ,THE CITY OF .MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO PERMIT A HEALTH CLINIC IN THE R-3 ZONING DISTRICT FOR THE PROPERTY LOCATED AT APPROXIMATELY 1355 SOUTHWEST 37T" AVENUE, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE, WITH A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A CERTIFICATE OF USE MUST BE OBTAINED AND SUBJECT TO THE CONDITION THAT THE PROPOSED FACILITY BE LIMITED TO OUTPATIENTS ONLY WITH NO OVERNIGHT STAY. (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: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT:. None. 121 . February 23, 1999 4 2 . APPROVE AS MODIFIED SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, ARTICLE 9, SECTION 934.3, CERTIFICATE OF USE NOT TRANSFERABLE; NEW OWNERSHIP BY SPECIAL EXCEPTION WITH CITY COMMISSION APPROVAL — TO ALLOW CHANGE OF OWNERSHIP FOR EXISTING COMMUNITY BASED RESIDENTIAL FACILITY — LOCATION: APPROXIMATELY 189 N.E. 26T" STREET - APPLICANT(S): JOHN E. LEMIEUX, PRESIDENT, SHELTER ONE, INC., NON-PROFIT CORP. - DIRECT CITY MANAGER TO DRAFT LEGISLATION FOR MORATORIUM ON LAND USE FOR ADULT HEALTH FACILITIES/HOMELESS SHELTERS/HALF-WAY HOUSES. Chairman Plummer: Item number seven, 189 Northeast 26`h Street. Ms. Lourdes Slazyk (Asst. Director, Planning Department): Item number... Chairman Plummer: This is for approval with conditions, what are the conditions? It's a community based residential facility. Ms. Slazyk: Right, the special exception is actually to change the ownership, but when the Planning Department took a look at the plans for the existing structure on the property, two things became apparent. First of all, it's a wooden structure and it's very old, and we want... we would like the Building Official to get with the applicant before the transfer of the CU (Certificate of Use) is made to the owner or the new Certificate of Use issued to make sure that the building complies with all the safety regulations, that it receives its 40-year certification for wooden structure and that the people in here are going to be safe. Secondly, we actually took the plans and calculated the area on the plans that's dedicated to bedrooms and dormitory use. The applicant is, apparently was grand -fathered for 50 residents on this, in this building. Chairman Plummer: How many? Ms. Slazyk: Fifty. Chairman Plummer: Oh, no. Ms. Slazyk: There is only 2,210 square feet dedicated to sleeping in dormitory space. Applying a reasonable ratio of 100 square feet per person, the Planning Department is recommending for health, safety and welfare issues that this be approved with no more than twenty-one residents. Chairman Plummer: That's too many. Ms. Slazyk: Well, twenty... Yeah, twenty-two was applying a one to one hundred ratio. This Commission is, you know, more than welcome to, you know, modify that, but that's... Chairman Plummer: But, you have got... You have got other things in that facility like kitchen facilities and bathrooms and all of that. Ms. Slazyk: Yes. Chairman Plummer: All right. 122 February 23, 1999 •ly�.� -_ .:. _ ��il,�..; � � :� (•TEA' Ms. Slazyk: No, the 2,210 is just the sleeping area. The entire structure is over 4,000 square feet. Chairman Plummer: OK. Ms. Slazyk: At a one to one hundred for bedrooms only, the department recommends twenty -tow residents, and certification... Chairman Plummer: Well, I... I don't know who gave us this. Did you give it, sir? Mr. John Lemieux: I did, yes sir. Chairman Plummer: All right, sir. For the record, if you would give us your name and mailing address, please. Mr. Lemieux: John Lemieux, 189 Northeast 26`h Street. I am the CEO (Chief Executive Officer) for Shelter One, and I presented before you a series of exhibits. Obviously, the first exhibit is a picture of our facility. It's a two-story structure in the front and a one-story structure in the back and if you look on the bottom of the left hand corner, there is 5,362 square feet with 12 sleeping rooms. We have 2,448 square feet which allows for 41 residents per Exhibit number two which is the State of Florida Agency for Healthcare Administrative, Division of Bell Quality Assurance. And, we use their guidelines of 60 square feet per... 64 square feet of floor space for sleeping rooms pursuant to the residents that reside at the facility. Based on that particular guideline, we have a grand total of 2,000, 2448 square feet of sleeping space which would allow for 41 residents. The overall square footage would allow for 89 residents, in and out of the facility, during the course of the day. We have been operating this facility since 1977 under the current licenses which I have displayed here on the packet here on the right, on the chairs. If you look at Exhibit number three, we go back as far as 1977, as being inspected by the City of Miami, Fire Department and they refer to the facility as a 5,000 square foot facility. Exhibit number four is the recommendation from the City reducing our number from 50 to 20 which is in effect 60 percent of the gross, which really handicaps the people that we serve. The population that we serve are basically homeless persons in transition from wherever, the street or wherever they come from into -independent housing and we keep them from anywhere from 60 to 90 days. Exhibit number five, I have a covenant that we were unanimously approved by the City of Miami Zoning, back in December, with the understanding that I would enter into a restricted covenant acknowledging that we would never increase our capacity beyond fifty, which I did. But, at the hearing last month, we had this objection come up. I have again taken the figures based on the State of Florida's Agency for Healthcare Administration, 1 have agreed to reduce it to forty. Forty residents for this particular facility. Exhibit number six, I am not allowed to really, I want to explain this to the Commission so that you have a good, firm understanding that this particular facility, 148 Northeast 261h Street, is also operated and owned by Shelter One. It's across the street from the 189 facility. It's always been licensed and operated in conjunction with 189, and that particular building we'll all be back before your Commission here in a couple of months when I have to, I was cited for this one also because the owner died that owned both of these facilities, that's how we ended up with title to them. So, this particular facility is again a two -building structure and some of the 50 residents that are 189, also are housed, fed, counseled and eat at 148. Exhibit number seven is a picture of our street, the North side of the street. We have a vacant lot in our facility and several warehouses. To give you a kind of an overlay of the street, it's only a one short block, it's City block, dead ends into the railroad track going West on 26`h Street. And, the last exhibit, well, excuse me. The second to last, exhibit eight, is the south side of the street showing some of the residential structure that abut our property. And, I would submit to the Commission that our two facilities, exhibit one and exhibit six are probably the two, some, well at least two of the nicest on that particular block. Exhibit number eight is the one that's not attached, I apologize. With reference to the... With reference to the soundness 123 February 23, 1999 and the safety features, let me assure you that the building is inspected every six months by the City of Miami Fire. All of our licenses are current. All of our fire extinguishers are current and inspected every six months. And, this is a 40-year inspection certificate that I had completed two weeks ago, per the staff s concerns, regarding that particular issue. Chairman Plummer: All right, sir. Is there anyone here in opposition? We'll ask the NET administrator of that area to come forth and to give us his feeling of the community as well as his opinion on the... Let me ask one question first, Lourdes. Ms. Slazyk: Yes. Chairman Plummer: ... Was this granted for approval predicated on the twenty-two Ms. Slaryk: No, it went to the Zoning Board and the Zoning Board recommended approval of the change of ownership_ straight-out. I didn't find out until the last City Commission meeting when we asked for the continuance that there were all sorts of other issues and that plans had, that the plans had not been reviewed and we hadn't calculated... I found out things that day, rather than before. That's why I asked for the continuance so I could review the plans and figure out what a safe number would be for the structure. Chairman Plummer: OK. For the record, your name and mailing address, where you send your checks Mr. Luis Carrasquillo (Wynwood/Edgewater NET Administrator): My name is Luis Carrasquillo, I am the Wynwood NET (Neighborhood Enhancement Team) Administrator. My public address is 2100 Southwest 94`h Court, and my office address is 101 Northwest 341, Street, Roberto Clemente Park. Referenced, this particular address, last year they came to my office requesting a letter of recommendation and I determined that their licenses were not up-to-date. They had changed ownership, and 1 recommended. For the first thing, I couldn't give them the letter that they wanted. They came back this year under the same pretense and I said they had to come to the Commission for Special Exception. And, our experience has been, they are operating not at full capacity. The community would be hard pressed to receive another 50 beds, though at one point in time they were working at capacity. The original owners passed away back in 1996. At that time, that is when the change of ownership should have occurred, the Special Exception should have occurred then, not today. Chairman Plummer: Thank you, sir. You have a couple of minutes of rebuttal if you wish, sir. Mr. Lemieux: Number one, all our licenses were current, are current, have been current for 20 plus years. Number two, the former... Mr. Carrasquillo: Excuse me, sir. Chairman Plummer: Don't interrupt. Mr. Carrasquillo: OK, sorry. Chairman Plummer: You can speak after the rebuttal. Mr. Lemieux: The former owner, I mean I have the copies right here if you would like to see it. Number two, the former owner, Mr. Michael Lusheck (phonetic) died in 1992, for the record, and we took possession, we leased the property from his widow in 1994, and we maintained the same structures and 124 February 23, 1999 the same type of operation. And; in 1996, we took, title by virtue of a Certificate of Title in as much as the first mortgage had gone into default and was foreclosed. And, because of our non-profit status. the first mortgagee saw fit to donate, if you will, the property to our group. Chairman Plummer: All right, sir, you wish to comment? And, I don't want to go back and forth all day now. Mr. Carrasquillo: At the time that you acquired ownership of the property, the license, once you started operating you needed to have that Special Exception from the City of Miami, whether it be 1996 or 1994, it doesn't matter. You needed to do what you are doing today. That's, that's my statement. Chairman Plummer: All right, do I get to make the motion in my district. I gave you the gavel, Mr. Gort. I will move for approval subject to the conditions set forth by the Building and Zoning Department for the maximum of twenty-two that, twenty-two occupants that the building has .to be certified on a 40-year, 40-year... Ms. Slazyk: Certification. Chairman Plummer: ... renewal, and I also want a Certificate of Approval from HRS (Department of Health and Rehabilitation Services), and predicated on that, I move for approval. Chairman Plummer: There is a motion. is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: It's been moved and seconded. Is there any discussion Commissioner Teele: How many, what's the number that it's approved for now? Ms. Slazyk: It appears to be fifty. We couldn't find an original CU (Certificate of Use) with a number fifty on. it. Mr. Lemieux: Excuse me, I have got copies. Forty-eight. Ms. Slazyk: Forty-eight. Commissioner Teele: And, so we are going now from forty-eight to twenty? Chairman Plummer: Twenty-two. Ms. Slazyk: Twenty-two. Commissioner Teele: And, how many persons are living there now? Mr. Lemieux: Thirty-five. . Commissioner Teele: So, you have got thirty-five persons living there now, and we are going to go to twenty-two. Mr. Lemieux: Yes, sir. 125 February23, 1999 Chairman Plummer: That's predicated, Commissioner Teele, on the fact of the statement of Lourdes that right now it would tend to show that they are very much crowded into the building, but not what would be considered livable space of one hundred square feet per person. Vice Chairman Gort: My understanding is, it's two hundred. Mr. Lemieux: Well, I can only defer to the health agency... Vice Chairman Gort: Excuse me, sir, the public hearing is closed now. Mr. Lemieux: Yes, all right. Commissioner Teele: Mr. Chairman. Vice Chairman Gort: Yes, sir. Commissioner Teele: I am going to always try to go, yield to the district Commissioner who is on top of these kinds of issues, but it just seems to me. We have a homeless problem in the City. We know we have a homeless problem. We have just agreed to substantial damages in 'Pottinger, is it Pottinger? We need to sort of rationalize the policy here. Now, we have a problem locating facilities. I have met people who have no where to go. I just wish the maker of the motion would consider sort of splittingthe difference and moving it up to say thirty and, and that's pretty much fifty percent of what they have now of whatever... I mean, fifty percent of the level that they have now, but pretty much... You say you have thirty-five people now? Mr. Lemieux: Living there now. Yes, sir. Commissioner Teele: I mean, I just... I am little bit concerned about what we are saying we are going to do, is going to happen to the fifteen or so people that are there now that we are.not making any provisions for, so... Chairman Plummer: It's a mean man who wouldn't compromise. Vice Chairman Gort: Thank you, Commissioner Teele. Excuse me. Chairman Plummer: I am sorry. Vice Chairman Gort: Are you finished, Commissioner Teele? Commissioner Teele: Yes, sir. Vice Chairman Gort: Yes. Chairman Plummer: It's a mean man who wouldn't compromise. I'll go to twenty-seven just so 1 feel like a winner. Vice Chairman Gort: There is a motion. Are you changing your motion? Would you state your motion again, please. 126 February 23, 1999 Chairman Plummer: My motion only would be increase, I'll even give in a little more to twenty-nine. OK. Vice Chairman Gort: OK, there is a motion to increase... Chairman Plummer: My motion is based on twenty-nine with the other conditions so existing. Vice Chairman Gort: Does the seconder accept the? Commissioner Sanchez: I'll second it. Chairman Plummer: And, let me say for the record, the people of that area would like to see it gone. They have too many of these houses in there, and Mr. Teele, just for your information, right next door has just gone in a crematory, and that's not the kind of thing that I think that you would want to see that these people where it is commercial and industrial type of aspects that are going in there. So, I'll go to twenty-nine. Commissioner Sanchez: J.L., if there would be opposition, these people would be here today and they are not. Chairman Plummer: They have called my office. Commissioner Sanchez: Well, I would still second your motion. I think it's needed. Chairman Plummer: OK. Vice Chairman Gort: OK, there is a.motion, there is a second. Any further discussion? Commissioner Regalado: Just brief comment, Mr. Vice Chairman. I. have met with State Representatives past and present regarding this kind of housing within the City of Miami, and I think that we need to reach the point in which the City should have a say in terms of licensing these facilities because now it is the State that licenses these facilities. And, I am not going to say anymore, but I think that it's important that the people understand that the State, isn't that correct, Mr. Attorney, has the last say in licensing? Mr. Joel E. Maxwell (Asst. City Attorney): In terms of the Health and Human Resources aspect of it... Commissioner Regalado: What is the minimum? What is the minimum and the maximum that the State? Mr. Maxwell: Well, they... In terms of the number of clients and stuff they break it down. Anything below six, I believe it is, we regulate just like any single family residence and so forth. From six to, 1 believe the number is fourteen, there are conditions in there on -our ability to act. Once you move above that number fourteen, then it moves more into our purview there. But, the State, of course, licenses those units and you have, they have to comply with the State regulations from Human, that's right, Human Resources aspect of it. But in terms of distance and building and zoning and all of that, it's in our jurisdiction. Commissioner Regalado: OK. 127 February 23, 1999 Chairman Plummer: I still would like to know what happened to the thing that we established here as a policy that no more half -way houses or these kinds of things could go in until the rest of this County assumed their obligation of meeting the demand for these kinds of facilities. And, you know, we had a policy on that. And, why that policy is not being adhered to, I don't know. Because, let me tell you something, you can't convince me that kids in Coral Gables haven't got a drug problem. You are not going to convince me that the kids, you know, in affluent areas, they wind up in these half -way houses in the City of Miami.. And, I think that everybody needs to share the wealth. I think everybody needs to share the responsibility. And that's, we had a policy that said no more of these, and unless 1 am mistaken, that policy is still in effect. Ms. Dena Bianchino (Asst. City Manager/Planning & Development): We'll look into that, sir. Chairman Plummer: Please. Vice Chairman Gort: Mr. Chairman, my understanding is, this is an existing application, it's just the change of ownership. Now, my understanding is... Chairman Plummer: No, no, no. Excuse me, I am not saying, I am talking to this particular one. Vice Chairman Gort: OK, we are sticking to the issue. Mr. Maxwell: Also, Commissioner, if I may, Mr. Vice Chair. Unless you, unless this Commission passes, after following proper procedures and adequate notice, actually adopts an ordinance imposing a moratorium on a particular type of land use, then it, then and only then, can the administration prohibit a use from coming into an area. Chairman Plummer: Then, I would ask you, sir... Commissioner Regalado: Mr. Attorney, I am asking you to do that. Vice Chairman Gort: Excuse me. Commissioner Regalado: I am sorry, Commissioner. Mr. Maxwell: OK. Only, but remember this, remember Commissioner Regalado you asked me a moment ago about the -- about what the State jurisdiction was. Many of these units will fall into that category where we have no jurisdiction by State law whatsoever, they are small and there is nothing we can do about those. Commissioner Regalado: Yes, there is. Vice Chairman Gort: Commissioner Regalado. Commissioner Regalado: Yes, there is. I think that there is. There are many issues that involve these housing, like for instance zoning, and we have this problem in Shenandoah. The fact that, for instance, you have two houses that are within the limit of what the City says it should be, five hundred feet, right? It is? Between them more or less. OK, twelve hundred. But, in the middle you have another house which is a support house where they keep all the refrigerators and kitchen and stuff and mattresses, and in and out, in and out. What you have, I can show you exactly one block that is... 128 .February 23, 1999 Mr. Maxwell: No, I don't disagree with you, I take exception to what you are saying. What 1 am saving is, that if a house, even if it's one of these establishments, if they -have, I believe, and don't hold me to this figure, but I believe the number is six. If there are six. or fewer clients under State law, we are mandated to treat them the same as any single family residents. That mean that we can regulate the home as we would any other single family home. We can't look to the fact that it is this type of establishment. Chairman Plummer: Call the roll. Commissioner Teele: On the question. Vice Chairman Gort: OK. Any further discussion? All in favor say so by saying "aye." Commissioner Regalado: No. Vice Chairman Gort: Any "nays"? Unanimous. Commissioner Regalado: Yes. I am a "nay." Commissioner Teele: Mr. Chairman, again I think that the... Vice Chairman Gort: Excuse me. Commissioner Regalado, you voted against it? Commissioner Regalado: Yes. Vice Chairman Gort: OK Commissioner Teele: Mr. Chairman, I think the NET Office, you know, is doing a good job in bringing it here. I mean, it's unfortunate maybe the dialogue got off, but the real reason that it came is that when there was a change in ownership, and I understand it, they should have come back in whether it was in '92 when he died, '94 when you took over or '96, and that is why we have this opportunity to address this and I commend the NET Office for doing your job. 129 .. February 23, 1999 The following resolution was introduced by Chairman Plummer, who moved its adoption: RESOLUTION NO. 99-157 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS(S), AFFIRMING THE DECISION OF THE ZONING BOARD THEREBY GRANTING A SPECIAL EXCEPTION FROM THE ZONING ORDINANCE OF THE CITY OF MIAMI. FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO PERMIT A CHANGE OF OWNERSHIP FOR AN EXISTING COMMUNITY BASED RESIDENTIAL FACILITY, FOR THE PROPERTY LOCATED AT 189 NORTHEAST 26TH STREET, MIAMI, FLORIDA, PURSUANT T PLANS ON FILE, SUBJECT TO THE FOLLOWING: THE FACILITY SHALL BE LIMITED TO NO MORE THAN TWENTY-NINE (29) RESIDENTS, AND A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A CERTIFICATE OF USE . MUST BE OBTAINED, WHICH CERTIFICATE SHALL NOT BE ISSUED UNTIL A 40 YEARS OR OLDER BUILDING CERTIFICATION AND ALL APPLICABLE APPROVALS FROM FEDERAL AND STATE AGENCIES, AND THE DEPARTMENTS OF FIRE -RESCUE AND BUILDING AND ZONING ARE CONFIRMED. (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: Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: Commissioner Tomas Regalado. ABSENT: None. 43. COMMENTS IN CONNECTION WITH NEED TO REGULATE "LA TIMBA" ESTABLISHMENT LOCATED ON 29 STREET AND BISCAYNE BOULEVARD. Chairman Plummer: PZ-8, 600 North... Commissioner Regalado: Mr. Chairman, if I may? Just a question since we have the NET (Neighborhood Enhancement Team) administrator for the area and the zoning people? Commissioner Regalado: What? 130 February 23, 1999 Mr. Luis Carrasquillo (Wynwood/Edgewater NET Administrator): Yes, sir. Commissioner Regalado: What is going on with that place, Timba? Chairman Plummer: 'That what? Vice Chairman Gort: The what? Chairman Plummer: Timba? Commissioner Regalado: He knows that. Mr. Carrasquillo: Yes, I am very familiar with the business. Commissioner Regalado: No, I am asking this... Mr. Carrasquillo: Yes, sir. Commissioner Regalado: ... because that is a potential problem. I am telling you that that, if things get out of hand that will be a public relations problem in the City and I am just... I just want to know what's going on. Mr. Carrasquillo: Yes, sir. They have the licensing for a production center. They do not have any kitchen facilities, they cannot sell alcohol, they... That's all they have, a license. They can't... They can have special activities... Chairman Plummer: Does that answer your question? Mr. Carrasquillo: They don't have the state liquor license, so they cannot sell alcohol. Commissioner Teele: Hey, what are you all talking about? Break the code, break the code. What are you all talking about? Commissioner Regalado: OK, let me explain for the member of... Commissioner Teele: Now, this is something you would have to explain when you go home tonight. It's all right, 1 don't want to know, go ahead. Commissioner Regalado: No, no, no. It's very easy. Chairman Plummer: Hah, hah, hah, you got him that time. Commissioner Regalado: Commissioner, see as of now most of the Cuban singers that travel from Cuba to the United States... Commissioner Teele: Singers? Commissioner Regalado: Yes, and musicians and bands. They will come and play in Miami Beach, but now they have found the Timba, which is in the northeast area of Miami. That itself is... 131 February 23, 1999 Commissioner Teele: What's the address? Commissioner Regalado: It's 26`h Street, right? Mr. Carrasquillo: 29'h Street and Biscayne Boulevard, sir. Commissioner Regalado: 29'h Street. Well, the problem is, Commissioners, that every time that there is a group from Cuba you have another group outside protesting. And, somehow that could get out of hand, and I am telling you because, you know protests are nice and... Commissioner Teele: Is that the gay bar? Commissioner Regalado: No, it's not. Commissioner Regalado: That called the "Timba." Timba is a very folklore name. Commissioner Teele: But, isn't there a big gay bar. right there? Isn't there a big bar somewhere along? Commissioner Regalado: No, what I am saying to you is I think, that first of all, first of all we have here... Chairman Plummer: Do you realize that basketball game starts at seven thirty? Commissioner Regalado: We have got plenty of time, and Maria is opened already, so... But, I am telling you, I am warning you, this could be a potential problem. Chairman Plummer: I have now appointed you as a Committee of One to find a solution. Commissioner Regalado: No, I don't want to be in a Committee of One or committee, I am just saying,to you, l am saying to you... 4 4 APPROVE SECOND READING ORDINANCE: CONSIDERATION OF AMENDING ORDINANCE NO. 10544, COMPREHENSIVE NEIGHBORHOOD PLAN - BY AMENDING FUTURE LAND USE MAP — BY CHANGING LAND USE DESIGNATION — FOR PROPERTY LOCATED AT APPROXIMATELY 600 N.W. 17TH AVENUE (A.K.A. 601 N.W. 171" AVENUE) FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED COMMERCIAL" — APPLICANT(S): EL.ADIO GODOY. Chairman Plummer: All right, the next item is PZ-8, 600 Northwest 17th Avenue Ms. Lourdes Y. Slazyk (Asst. Director, Planning Department): This is a second reading change of land use with a companion change of zoning. The department recommends approval.. It was approved by the Planning Advisory Board. Commissioner Teele: Mines. Chairman Plummer: It's in Teele's district. He moves it, seconded by... 132 February 23, 1999 Commissioner Sanchez: Sanchez. Chairman Plummer: ... Sanchez. Read the ordinance. This isn't Teele's district. It's not your district. I'm going to report you to Chicago. Call the roll. Vice Chairman Gort: Is this the second reading? Chairman Plummer: Yes. An Ordinance entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 600 N.W. 17T" AVENUE, MIAMI, FLORIDA, FROM DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading, by title, at the meeting of January 26, 1999, 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: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11761. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 133 - . February 23, 1999 4 5 . APPROVE SECOND READING ORDINANCE: CHANGE OF ZONING AS LISTED IN ORDINANCE NO. 11000, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS — AMEND ZONING ATLAS - CHANGE ZONING DESIGNATION — FOR PROPERTY LOCATED AT APPROXIMATELY 600 N.W. 17.. AVENUE (A.K.A. 601 N.W. 17TH AVENUE) FROM R-2 TWO- FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL - APPLICANT(S): ELADIO GODOY. Chairman Plummer: Companion item nine. Commissioner Sanchez: Moved. Chairman Plummer: Moved by Sanchez, seconded by Gort. Read the ordinance. Call the roll. An Ordinance entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING PAGE NO. 34 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 600 AND 601 NORTHWEST 17TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading, by title, at the meeting of January 26, 1999, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Vice Chairman Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11762. The City Attorney.read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 134 February 23, 1999 4 6 . APPROVE FIRST READING ORDINANCE: CONSIDERATION OF AMENDING ORDINANCE NO. 10544 — COMPREHENSIVE NEIGHBORHOOD PLAN — AMEND FUTURE LAND USE MAP — CHANGE LAND USE DESIGNATION - FOR PROPERTIES LOCATED AT APPROXIMATELY 3600 N.W. 11 STREET & 1021 N.W. 37TH AVENUE FROM: MEDIUM DENSITY RESIDENTIAL TO "RESTRICTED COMMERCIAL" — APPLICANT(S): TOMAS & CARIDAD GONZALEZ. Chairman Plummer: PZ-10. Ms. Lourdes Y. Slaryk (Asst. Director, Planning Department): PZ-10 and 11 are... Chairman Plummer: 3680 Northwest I Ph Street, and 1021 Northwest 37`h Avenue. Mr. Gort, it's in your district. Administration's recommendations. Ms. Slaryk: We... Vice Chairman Gort: Well, I would like to add some recommendations and I think the applicant will volunteer to the north one foot perimeter and the [thump, thump, thump] south and east... That was the north, the east, the west, I am sorry, let me get it straight. Yes, the east portion and the south, the north portion perimeter of the property, one foot to state residential. Ms. Slaryk: Right, that would run... Chairman Plummer: Wait, wait, wait. They have got the wrong map up on there. Ms. Vicky Garcia -Toledo: For the record, Vicky Garcia -Toledo. Chairman Plummer: Well, you wait a minute now, Mr. Gort has the floor. Mr. Gort. Vice Chairman Gort: So, you look at that area, you do have the commercial in front, but it is very residential within I Ph and they continue on 37th Avenue. North on 11'h Street still maintain a very residential, and I want to make sure we don't create a domino effect. So, what I would like to do is, the north perimeter of the property, the south... The north and the east to maintain one foot residential. Chairman Plummer: No, no, the south is what you want. You want the south and the east. Ms. Slaryk: The north, he doesn't want it to cross 11`h. Vice Chairman Gort: No, no, 1 want the north and east. Chairman Plummer: No, the north is I I'h Street. Ms. Slaryk: That's one on the other side. Vice Chairman Gort: I understand, but I don't want the people across the street to take care of it. This will keep it from going across the street. Already, south of it is R-3, and it's multi -family, so that will not affect it. 135 .. February 23, 1999 Chairman Plummer: All right. For the applicant. Ms. Garcia -Toledo: Vicky Garcia -Toledo with offices at 2500 First Union Financial Center. Chairman Plummer: Do you concur? Ms. Garcia -Toledo: I need to make a voluntary proffer at, on behalf of the applicant. Prior to second reading, we will submit to the City a covenant that will have the one foot perimeter to remain in the current zone on the east and north, and also that the property will be for office use only. Chairman Plummer: Why don't you say that, yes, you agree? Ms. Garcia -Toledo: Because by law, I need to make it a voluntary proffer. Chairman Plummer: Seconded by who? Mr. Joel E. Maxwell (Asst. City Attorney): Wait a minute, just for the record, Mr. Chairman. Ms. Toledo, does it... Chairman Plummer: Wait a minute, wait a minute. Now, you just wait a minute. We got a motion on the floor, I need a second before anybody else proceeds. Commissioner Teele: I second it. Chairman Plummer: Seconded by Teele. Now, Mr. City Attorney. Mr. Maxwell: All right, that's what... I needed clarification of that because Commissioner Gort was not asking for a covenant for the one foot, he was mandating that the one foot be there. Ms. Garcia -Toledo, Toledo -Garcia... Ms. Garcia -Toledo: Garcia -Toledo. Mr. Maxwell: ... Garcia -Toledo is saying that she's proffering it voluntarily. I don't think that they were saying the same thing, that's why I wanted it cleared up on the record. Chairman Plummer: All right, then make it clear. Mr. Gort's motion clear. Ms. Garcia-Toled6: What is the pleasure of the...? Mr. Maxwell: It would be that one foot would remain, and it would also, Ms. Garcia -Toledo's covenant would incorporate the other things. Chairman Plummer: Does the seconder accept the clarification? Commissioner Teele: Yes. Chairman Plummer: OK, read the ord... Moved by Gort, seconded by Teele, read the ordinance. Mr. Maxwell: Just for the record, the covenant would apply to the next item, not this one. 136 February 23, 1999 Chairman Plummer: That's fine. For the record, is there anyone here in opposition? Let the record reflect no one came forth. Call the roll. An ordinance entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTY LOCATED AT APPROXIMATELY 3680 NORTHWEST IIT" STREET AND 1021 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, FROM MEDIUM DENSITY RESIDENTIAL TO RESTRICTED COMMERCIAL, EXCEPT FOR A ONE FOOT (l') PERIMETER RUNNING ALONG THE EAST AND NORTH BOUNDARIES OF THE PROPERTY LEGALLY DESCRIBED HEREIN; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by Vice Chairman Gort, seconded by Commissioner Teele, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission ad to the public. 4 7. APPROVE FIRST READING ORDINANCE: CHANGE OF ZONING AS LISTED IN ORDINANCE NO. 11000, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS - AMEND ZONING ATLAS BY CHANGING ZONING DESIGNATION FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3680 N.W. 11 STREET & 1021 N.W. 37 TH AVENUE FROM R- 3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL - APPLICANT(S): TOMAS & CARIDAD GONZALEZ. Chairman Plummer: Item eleven is a companion which will require the covenant. Moved by... Vice Chairman Gort: Gort. Chairman Plummer: Seconded by Teele, read the ordinance. Let the record reflect no one came forth to speak on the issue. Call the roll. 137 -February 23, 1999 An ordinance entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING PAGE NO. 26 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 3680 NORTHWEST IITH STREET AND 1021 NORTHWEST 37TH AVENUE, MIAMI. FLORIDA, EXCEPT FOR A ONE FOOT (l') PERIMETER RUNNING ALONG THE EAST AND NORTH BOUNDARIES OF THE HEREIN DESCRIBED PROPERTY; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. was introduced by -Vice Chairman Gort, seconded by Commissioner Teele, and was passed on first reading, by title only, by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission ad to the public. 4 8. APPROVE SECOND READING ORDINANCE: CONSIDERATION OF AMENDING ORDINANCE NO. 10544, MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN - AMEND FUTURE LAND USE MAP - CHANGE LAND USE DESIGNATION FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1401 AND 1441 NORTH MIAMI AVENUE FROM "RECREATION" AND "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES: TO GENERAL COMMERCIAL" - APPLICANT(S): CITY OF MIAMI, DEPARTMENT OF PLANNING. Chairman Plummer: Item twelve is the old Fire Station 2, at 141h Street and North Miami Avenue. We have a speaker here before you move it. Ms. Lourdes Y. Slazyk (Asst. Director, Planning Department): On PZ-12 and 13, I just wanted to say for the record that the property has been designated by the Historic and Environmental Preservation Board. And, also that when this went before the Planning Advisory Board, if you look at, in your package there is a resolution from the board, I just want you to be aware of that. A resolution recommending to the City Commission that a covenant be required of the condition of the sale to prohibit the destruction of Fire Station No. 2, located at approximately 1401 and 1441 North Miami Avenue. 138 February 23, 1999 Chairman Plummer: You know; I have got to tell you something, to preserve that building is an absolute disgrace. - Have you been there? Ms. Slazyk: Not recently. Chairman Plummer: It is horrible. Vice Chairman Gott: I have a question. Chairman Plummer: Mr. Gort. Vice Chairman Gott: My understanding, the experience that we have received from the Tower Theater and all the historical sites that we try to maintain and renovate, it becomes very expensive. I don't know if the private sector... 'Do we have an incentive for the private sector in order to do so? Because, you know, I see the City of Miami taking it over and the City of Miami doing it, and do we have the funds to do it? Ms. Dena Bianchino (Asst. City Manager/Planning & Development): There is a Historic Preservation Tax Credit available to developers, but it is, it's not a lot of money. It doesn't resolve to a lot of money. [phonetic] Chairman Plummer: Mr. Mc Master, you wish to speak to the issue? Mr. Mc Master: Yes, sir. I have not been sworn in. Chairman Plummer: We'll swear you in because you came late. AT THIS POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES. Mr. Mc Master: I do. Jim Mc Master. Chairman Plummer: And he waives consecutive translation. Mr. Mc Master: Forty Southwest 30'h Court. As Commissioner Plummer noted, several years ago I was here, numerous times, talking about what the City of Miami is doing with its parks system. So, when I saw this on the agenda and went down and got the packet, 1 noticed that it said quote "it is also found" - and this is Planning Department recommendation -- "that one of the -lots is designated recreation and has never been used for recreational park activities." I would like to get that clarified. It's my understanding that it was used as a park. Chairman Plummer: Have you seen it, Jim? Mr. Mc Master: Well, I think, unfortunately, you are hitting the nail on the head, sir. That's the problem with the City. We don't keep up FEC (Florida East Coast) Bicentennial, so we have to sell it. We don't keep up Virginia Key, so it's closed. This park is closed. I think it's called the Culmer Mini -park, it's closed. This park is closed. A lot of these parks are closed, and I think that if we are going to provide services to a population, the fourth poorest population in the nation that has a growing number of children, we need public, open spaces. My concern here is that we are taking another small, mini -park and rezoning it and selling it. 139 February23, 1999 Chairman Plummer: I didn't know it was a park. Ms. Dena Bianchino (Asst. City Manager, Planning & Development): We had this discussion previously, Commissioner Sanchez when we brought this property up for sale it raised the same questions. This area is no longer residential, it's commercial. The park is a complete disgrace. It's a tiny little park. We don't feel that it needs to be a park anymore. The whole nature of that neighborhood has changed. Mr. McMaster: Well, my... I went by it, and actually, it's not in bad shape. I have been around to see a number of parks and the Parks Department or Public Works whoever is taking care of them is doing a fairly decent job in keeping them trimmed and keeping them cleaned up. The fact is, is that I understand the City may grow and change. This is going to be the heart of a redevelopment area. Twenty years from now there will be thousands or one hundred thousand residents and people working in that area. I think that the City has to flexible, but the City should have another site to replace this park with another park. Ms. Bianchino: We have the opportunity when other developers come in for new projects to require all these spaces as part of this project. And, I think we can accommodate the open space requirement that you are talking about through, through those developments as they progress which will be much more in conformance with what's going to be developed there. Mr. Mc Master: Well, I am just here today to state that you are amending the comprehensive plan, and that what we have seen FEC (Florida East Coast) go, Bicentennial is going to go. Virginia Key Beaches, our only beach is locked up. You know, park after park is locked -up, chained, closed. And, I think, at some point, we need to put the brakes on it. If we are going to sell off this piece of property, 1 don't necessarily have a problem with that, as long as we take the proceeds and buy another parcel somewhere in that neighborhood to replace it. Chairman Plummer: OK. Commissioner Teele: Mr. Chairman. Chairman Plummer: Mr. Teele. Commissioner Teele: Mr. Chairman, I certainly deferred to you on a number of matters, but beauty is not one and architectural significance is not one. J.L., look, I agree this building is in terrible condition, and I am sure that to restore the building would be prohibited. However, the building is architecturally unique. The building is a reflection of a bygone era, and I have a, I have some difficulty understanding one, why the City of Miami is moving in an area that is designated for massive redevelopment so quickly? I believe, J.L. and this predates me, but I am telling you, I believe something is wrong here. I think there is a deal out there somewhere. I would much rather see the City, this is right in the vicinity of the Performing Arts Center. This is 171h Street right? Is it 20`h9 Mr. McMaster: Fourteenth. Chairman Plummer: It's 141h Street and Miami Avenue. Ms. Slazyk: Fourteenth. 140 February 23, 1999 Commissioner Teele:. Fourteenth. .The Performing. Arts Center is going to, be on what, fourteenth and fifteenth? Fourteenth... Ms. Slazyk: Thirteenth and Fourteenth, yeah. Chairman Plummer: 'Fourteenth and the Boulevard., Commissioner Teele: All right, you know, and I have got to tell you. You know, J.L. this building has been there like this for at least ten years... Chairman Plummer: Or longer. Commissioner Teele: ... or longer. 1 mean, I have driven by this building virtually every day for ten years. I note it because it's in a sort of a circle. It's a bank, it's a building that looks like an old bank across the street. I think we are moving too quickly on this thing. I take to note your concern that the cost of destroying the building would be prohibitive. Ms. Bianchino: Restoring. Commissioner Teele: I mean, restoring the building would-be prohibitive. I really would like to know, this is'in your district. I really would like to knowwhat you would recommend. But, J.L. I don't, I think something is going wrong here. We should not be movingforward with this particular parcel of land until we are further down the road, I mean, we are going to sell it at bargain prices and then ten years, five years as the Performing Arts Center comes on line, this is going to be very valuable property. So, I just think we ought to think about this a little bit, J.L., and I... Chainnan Plummer: Mr. Teele, if you are asking to defer it, I have no problem. My problem is... Commissioner Teele: But, this is about the comprehensive master plan right now. Chairman Plummer:_ I understand that. My problem is simple. , If we. don't do what is on the agenda today, it's going to stay like it is. Commissioner Teele: See, I don't mind moving forward with this on the agenda. I think there should be... I think we should, at least, have to approve the demolition of the building or something if it's not going to be restored. I mean, I don't... Chairman Plummer: This is just changing the zoning. Ms. Bianchino: This is not a sale. Chairman Plummer: This is not the sale. Ms. Bianchino: It has already been declared surplus. Once the zoning is changed, we put it up for sale. If you want any kind of stipulations in the sale documents now would be the time, after you pass the zoning to do that. Commissioner Teele: Well, again, I really want to yield to the Commissioner that represents the district, but I must say this. This is in a very hot development: corridor, it is not right. It just doesn't feel right that we are moving on this right now and I note, specifically right next door, one of the major after 141 February 23, 1999 production, South Beach facilities has come in, done extensive, extensive renovations and upgrades and. J.L., we have got to do what's right for the City here, and I think this is moving this action at the wrong time. Chairman Plummer: All right, then, I have no problem with a compromise. What we will do is, we will move forward with the change, but before it goes out for a sale of surplus property, it be brought back to this Commission for any stipulations they wish to put in it. Ms. Bianchino: Commissioner, it's already surplus, so you need to tell us... Mr. Mc Master: It went on December 16`h. Chairman Plummer: You are not listening to me. It might be declared surplus, but before you go out with'a proposal to sell, you will come back to this Commission and we will put whatever restrictions we wish on the sale of the property. Ms. Bianchino: We are prepared to sell it tomorrow. Chairman Plummer: But, you are just now, not. Ms. Bianchino: So, we'll be back at the next Commission meeting? Chairman Plummer: You heard me. . Ms. Bianchino: Commissioner, we have a three bid process. We have talked to a number of people who are highly interested in this building because of its location. We think it's a blighting influence in terms of the redevelopment that's going on there. I will tell you that a number of people who have expressed interest would like to save the building. Chairman Plummer: Well, guess what? You heard my motion. My motion is, we change the zoning before it comes up... What? Vice Chairman Gort: You can't make a motion. Chairman Plummer: Here, take the gavel. Chairman Plummer: Before it goes out for sale it will come back to this Commission who will have the opportunity to put on any restrictions they wish on the sale. Mr. Joel E. Maxwell (Asst. City Attorney): Commissioner, could I ask you to bifurcate that? have one motion that approves this, and then, subsequent to these two items, then, you pose that one. Chairman Plummer: If that's the proper way to do it, that's what I suggest. Vice Chairman Gort: Before you make a motion. Chairman Plummer: Before I make it, OK. Vice Chairman Gort: My understanding is, what Commissioner Teele is saying is that he believes that this property today will have to sell at a certain price. Commissioner Teele believes, and correct me if I 142 February 23, 1999 am wrong, Commissioner Teele, that within five years this property could possible triple its value and could be a greater benefit to the City 'of Miami. I think this is what we need to_ analyze. Within five years, how much deterioration will take place. If the building can hold, and this is information we need to get back. OK. Chairman Plummer: Read the ordinance. Mr. Walter J. Foeman (City Clerk): I need a seconder. Chairman Plummer: Mr. Sanchez, I heard him say something. Commissioner Sanchez:.I did not say... Mr. Foeman: Motion. Chairman Plummer: Mr. Teele. Commissioner Teele: [inaudible — off microphone] If you accept the motion that means you are going to drop this from the surplus property list. Chairman Plummer: No, sir. Commissioner Teele: I am comfortable with that. Then, let's. look at this thing... Chairman Plummer: My second motion would be exactly what was stated is, is staff must come back to this Commission to place any restrictions they wish on a potential sale. As of, for example, the structure cannot be demolished, maybe as, one of the restrictions. Two, they have an immediate fire. Three, they can put whatever restrictions they want. You see we are not talking about a huge parcel of land. You are talking of a piece of what is... I didn't even know it was a park that you don't have enough room to change your mind. I mean, it's crazy, you know, even if you sold this to a commercial venture, there is no parking. And, I mean, the building itself is absolutely crumbling to come down. So, you know, that's... Commissioner Teele: Second. Chairman Plummer: Take it for what it's worth. Vice Chairman Gort: Moved and seconded. Chairman Plummer: Read the ordinance. Mr. Maxwell: I read it. Vice Chairman Gort: Any discussion? Mr. Maxwell: Are we doing this, twelve? Vice Chairman Gort: Did you read it? Mr. Maxwell: I read twelve. Yes, sir. 143 .February 23, 1999 Vice Chairman Gort: Call the roll. Commissioner Teele:: [inaudible — off microphone] Vice Chairman Gort: Commissioner Teele, I understand what you are saying... Commissioner Regalado: I don't know what he said. -Chairman Plummer: Are they awake down there? Vice Chairman Gort: .. but in five years that building is going to be down by itself. Commissioner Teele: No, that's not... Chairman Plummer: Hello? An Ordinance entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1401 AND 1441 NORTH MIAMI AVENUE, MIAMI, FLORIDA, FROM RECREATION AND MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES TO GENERAL COMMERCIAL; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading, by title, at the meeting of January 26, 1999, was taken up for its second and final reading, by title, and adoption. On motion of Chairman Plummer, seconded by Commissioner Teele, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: Commissioner Tomas Regalado ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11763 The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 144 February 23, 1999 4 9 . (A). APPROVE SECOND READING ORDINANCE: CHANGE OF ZONING AS LISTED IN ORDINANCE NO. 11000, ARTICLE 4, SECTION'401, SCHEDULE OF DISTRICT REGULATIONS — AMEND ZONING ATLAS — CHANGE ZONING DESIGNATION FOR PROPERTIES LOCATED AT APPROXIMATELY 1401 AND 1441 NORTH MIAMI AVENUE FROM PARKS AND RECREATION AND GA GOVERNMENT AND INSTITUTIONAL TO C-2 LIBERAL COMMERCIAL — APPLICANT: CITY OF MIAMI PLANNING DEPARTMENT. (B). COMMENTS IN CONNECTION WITH CITY'S NEED TO FIND REPLACEMENT WHEN DEMAPPING PARK LAND - INSTRUCT CITY MANAGER TO BRING REQUEST FOR PROPOSALS PRIOR TO ISSUING SAME (TO SELL PARK LAND) BEFORE CITY COMMISSION - FOR CITY COMMISSION TO BE ABLE TO PLACE ANY RESTRICTIONS/STIPULATIONS. Chairman Plummer: All right, I move thirteen. Vice Chairman Gort: Wait a minute, can I vote? Chairman Plummer, No. Vice Chairman Gort: OK. Chairman Plummer: I move thirteen. Mr. Jim Mc Master: Can I comment on thirteen, sir? I just want to get a clarification from staff. Was this? Oh, excuse me. Is this a park that happens to be locked? Because on your recommendation it talks about how it's never been used for recreational park activities? Chairman Plummer: Never have. The fence there now? Mr. Mc Master: And if you look at the building, it talks about how it was the Overtown Community Center, and if you look at your list of existing parks it says "Central Mini, 1470 North Miami Avenue, and it lists it'as a park." Chairman Plummer: Jim, this was used by Dr. Shepherd to try to be a rehabilitation center after the fire station went out. He couldn't afford to keep it up, the maintenance. What?_ Commissioner Teele: Ben Shepherd, I think it was. Chairman Plummer: Ben, no. Vice Chairman Gort: Ben Shepherd. Chairman Plummer: The Dr. Shepherd. Vice Chairman Gort: Ben Shepherd. Chairman Plummer: Ben Shepherd. Mr. Mc Master: Well, I would just like to reiterate on the record that the City has to be flexible, this is the center of the redevelopment area. But, that the City should be replacing when you amend to comprehensive plan under this parcel, this eight thousand square feet from park to C-2 you, should be 145 February 23, 1999 taking some other parcel close by and making it a mini -park. So that, that is why I am opposed to amending the comprehensive plan in the zoning. Thank you. Chairman Plummer: I move thirteen. Vice Chairman Gort: Second. Commissioner Teele: [inaudible — off microphone] Chairman Plummer: I will make the stipulation after we get these two. After these two were voted upon. Vice Chairman Gort: Is there a second? Commissioner Sanchez: Second. Vice Chairman Gort: Discussion. Chairman Plummer: When do you want the direction? Mr. Joel E. Maxwell (Asst. City Attorney): After this. Chairman Plummer: After this, I will be making another motion, yes. Read the ordinance. Commissioner Teele: Discussion. Simply, look, I hope this passes. I am going to vote against it, simply for one reason. The gentleman is right. The City should have clear regulations and ordinances that precludes us from demapping park land without replacing it. I mean, this is a retrograde motion now, and we are not going to ever preserve for the future if we start demapping parks and I am very sympathetic and I am encouraged that citizens are coming now, speaking out. But, I can tell you this, we have gone a. long way from the time that the forefathers platted this place and, you know, reserved land for parks, reserved land for schools, and reserved land for this, and it just seems that we are going in the wrong direction. So, I hope this passes, but symbolically, I would like to send a very strong message to staff that we really, if we are going to remove park land, we need to find some additional park land to replace symbolically. Chairman Plummer: Twenty-five years ago when the City moved out of the building it was a good reason then. It was about to fall. Read the ordinance. Commissioner Teele: Commissioner Plummer, before you call the roll. Mr. Chair, Mr. Vice Chairman, this, just for the record. This was also once a vibrant part of Overtown, is that correct? Chairman Plummer: I don't think so. I mean, if you want to use the railroad tracks as a divider. Commissioner Teele: Well, the railroad track, it's right... It's right, a block on the other side of the railroad track. Chairman Plummer: It's the block east. It's the block east. Commissioner Teele: But I thought that was a playground. No,1 mean a... What was a movie theater or something that was in there? 146 February 23, 1999 Vice Chairman Gort: Never. Commissioner Teele: There never was? Nobody was? Chairman Plummer: Not to my knowledge. Commissioner Teele: This was never a part? Vice Chairman Gort: It's Fire House Two, my understanding it was built for the idea to provide fire safety north of Flagler. North of 5`h Street. You had Fire House One that provide the safety for the south, and that was number two that provided for the north. And, at the same time, I would like to say, Commissioner Teele, my understanding is that has never been used as a park and as long as I have been going through there, going to the school system. — Chairman Plummer: No, they had to fence it. Vice Chairman Gort: And, I also would like to mention something about parks. I think our Parks Department with the limited funds that they have, they are doing a pretty good job with the exception of one neighborhood that you mentioned that we need to create more parks. But, 1 think we have got a lot of parks, a lot of activities. And, the one point I would like to bring always, always, is Bayfront Park. You know everybody talks about the parks. Bayfront Park was never utilized before Bayside was built. Bayside was built and Bayfront Park has more visits now than ever before, and it makes for the City of Miami about three million dollars ($3,000,000) or one or two million dollars ($2,000,000) a year. And, it has brought at least, this last year, 13,000,000 visitors, plus a lot of the people now are beginning to use the park. So, there are parks that we have been able to do joint ventures for the private sectors and we have been able to utilize the parks more. And, I'm all for parks, and you know it because in our neighborhood, in Allapattah and in Wynwood, there is a great need for it because that's one way to keep the kids out of problems. Commissioner Teele: Keep the kids... Thank you, Commissioner. Vice Chairman Gort: Call the roll. Commissioner Teele: No. Willy got me all confused, he got me going. He said... An Ordinance entitled - AN ORDINANCE, OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING PAGE NO. 23 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FROM PR PARKS AND RECREATION AND G/I GOVERNMENT AND INSTITUTIONAL TO C-2 LIBERAL COMMERCIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1401 AND 1441 NORTH MIAMI AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 147 .February 23, 1999 passed on its first reading, by title, at the meeting of January 26, 1999, was taken up for its second and final reading, by title, and adoption. On motion of Chairman Plummer. 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: Commissioner Joe Sanchez Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: Commissioner Arthur E. Teele, Jr. ABSENT: Commissioner Tomas Regalado THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11764. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. Chairman Plummer: I now make a motion that the staff be instructed that prior to the sale being offered that the matter come back before the City Commission to place any or all regulations, stipulations they wish based on the... Commissioner Teele: Second the motion. Commissioner Sanchez: Second the motion. Vice Chairman Gort: All in favor? Is there any discussion? There are none. All in favor say it by saying "aye." The Commission (Collectively): Aye. [COMMENTS MADE AFTER ROLL CALL] Vice Chairman Gort: I, also... One of the things I wanted to point, I think it's very good for the gentleman to come up, but 1 would like to have seen if there is opposition from more people from the neighborhood. Chairman Plummer: There are no people in that neighborhood except the Homeless Assistance Center. Vice Chairman Gort: I understand, OK. Next. Commissioner Teele: And, the school... Chairman Plummer: And, the reason that that little so called park, Jim, we had to put a fence around it because the ones that couldn't get into the Homeless Assistance Center were sleeping in that area, and so we had to put a park, a fence around the place. 148 .February 23, 1999 O The following motion was introduced by Chairman Plummer, who moved its adoption: MOTION NO.99-158 A MOTION RELATED TO PROPERTY LOCATED AT 1401 AND 1441 NORTH MIAMI AVENUE, INSTRUCTING THE CITY MANAGER TO BRING REQUEST FOR PROPOSALS (RFP) PRIOR TO ISSUING SAME, BEFORE THE COMMISSION FOR ITS CONSIDERATION, IN ORDER TO PROVIDE THE COMMISSION AN OPPORTUNITY TO PLACE ANY AND ALL RESTRICTIONS/STIPULATIONS. Upon being seconded by Commissioner Sanchez, the motion was passed and adopted b the following vote: AYES: Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Tomas Regalado 50. APPROVE AMENDMENT TO RESOLUTION 98-1153, IN ORDER TO SUBSTITUTE EXHIBITS B-1 AND B-2 FOR EXHIBIT "B" OF SAID RESOLUTION TO ACCURATELY REFLECT CUMULATIVE EFFECT OF LAST TWO AMENDMENTS TO DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT (DRI) MASTER AND INCREMENT I DEVELOPMENT ORDERS (RESOLUTION 87-1148 and 87-1149 ADOPTED DECEMBER 10, 1987, AS AMENDED BY RESOLUTION 91-698 ADOPTED SEPTEMBER 26, 1991, RESOLUTIONS 94-849 AND 94-850 ADOPTED NOVEMBER 17, 1994, RESOLUTION 98-219 ADOPTED FEBRUARY 24, 1998, RESOLUTION 98-787 ADOPTED JULY 21, 1998 AND RESOLUTION 98-1153 ADOPTED NOVEMBER 17, 1998 - FOR AREA OF THE CITY, OF MIAMI UNDER JURISDICTION OF DOWNTOWN DEVELOPMENT AUTHORITY. - APPLICANT: CITY OF MIAMI PLANNING DEPARTMENT. Chairman Plummer: Item fourteen. Downtown Miami Development of Regional Impact. Vice Chairman Gort: Move it. Chairman Plummer: Moved by Gort... Commissioner Sanchez: Second. Chairman Plummer: ... seconded by Sanchez. Ms. Lourdes Y. Slazyk (Asst. Director, Planning Department): I need to make one correction on the record. 149 February 23, 1999 Chairman Plummer: Make your correction. Ms. Slazyk: Under the office land uses, the numbers should read for both Exhibits "B" one and two. Increment one, three million six hundred eighty-one thousand eight hundred ninety, for increment two. three million six hundred thousand, increment three, three million seven hundred thousand, in total ten thousand nine hundred eighty-one eight ninety. Typo in the back-up. Chairman Plummer: Motion understood. All in favor say "aye." The Commission (Collectively): Aye. Chairman Plummer: Opposition? Anyone wishing to vote negative? Show it unanimous. The following resolution was introduced by Vice Chairman Gort, who moved its adoption: RESOLUTION NO.99-159 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING RESOLUTION NO. 98-1153, ADOPTED NOVEMBER 17, 1998, BY SUBSTITUTING EXHIBITS B-1, AND B-2 FOR EXHIBIT THE CUMULATIVE EFFECT OF THE LAST TWO AMENDMENTS TO THE DOWNTOWN MIAMI DEVELOPMENT OF REGIONAL IMPACT (DRI) MASTER AND INCREMENT I DEVELOPMENT ORDERS (RESOLUTION NOS. 87- 1148 AND 87-1149, ADOPTED DECEMBER 10, 1987, AS AMENDED BY RESOLUTION NO. 91-698 ADOPTED SEPTEMBER 26, 1998; RESOLUTION NOS. 94-849 AND 94-850, ADOPTED NOVEMBER 17, 1994; RESOLUTION NO. 98-219, ADOPTED FEBRUARY 24, 1998; RESOLUTION NO. 98-787, ADOPTED JULY 21, 1998, AND RESOLUTION NO. 98-1153, ADOPTED NOVEMBER 17, 1998), FOR THE AREA OF THE CITY OF MIAMI UNDER THE JURISDICTION OF THE DOWNTOWN DEVELOPMENT AUTHORITY AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," FINDING THAT THIS CHANGE DOES NOT CONSTITUTE A SUBSTANTIAL DEVIATION PER CHAPTER 380, FLORIDA STATUTES (1997); AND ALSO FINDING THAT THIS CHANGE 1S IN CONFORMITY WITH THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN .1989-2000. 150 .February 23, 1999 (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: Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Tomas Regalado 51 . APPROVE SECOND READING. ORDINANCE: CONSIDERATION OF AMENDING ARTICLE 4, SECTION 401 OF ORDINANCE 11000 — TO ALLOW SALES OF FRESH FLOWERS FROM MOBILE VENDING CARTS WITHIN DESIGNATED OPEN AREAS BY CLASS II SPECIAL PERMIT. - APPLICANT: CITY OF MIAMI PLANNING DEPARTMENT. Chairman Plummer: Item fifteen. It's a second reading to amend Article IV. Ms. Lourdes Y. Slazyk (Asst. Director, Planning Department): It's a... Chairman Plummer.: Mobile vending carts. Ms. Slazyk: Right. We are asked at the last meeting to take a look at info... regulations, possibly putting distance requirements. We can't put distance requirements within a private property from each other, from a cart and a flower shop. However, we can distance requirements from carts on the same property and impose other guidance standards which we have already written for Coconut Grove and which we would incorporate by reference into this legislation to make sure that if somebody were to do a little vending zone of some kind within a little commercial shopping center that there is sufficient distance between the carts and standards for signage and materials and colors to make sure they are appropriate. Chairman Plummer: Now, are' you going to be able to enforce that? Ms. Slazyk: Through the Class II, conditions will be issued. If they violate any of the conditions, we have code enforcement ammunition. It's a little stronger than... Chairman Plummer: You know what I am getting at. Ms. Slazyk: Well, it... Chairman Plummer: They.cbme in under the name of God, in the public right-of-way... Ms. Slazyk: See, this is private property. This is different. Chairman Plummer: This is only private property. 151 February 23, 1999 Ms. Slazyk: This is only private property. Chairman Plummer: So, God don't count here. Ms. Slazyk: That's right. Commissioner Teele: Well, reverend. Chairman Plummer: Well, God, Bishop... Commissioner Teele: Any way... Chairman Plummer: Bishop Teele. Commissioner Teele: Move it. Chairman Plummer: Moved by Bishop Teele, and seconded by .Deacon Gort. Read the ordinance wonder what you guys have been smoking today, huh? Motion understood. Call the roll. An Ordinance entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 4, SECTION 401, C-1 RESTRICTED COMMERCIAL, TO ALLOW FLOWER CART VENDING IN OPEN SPACE AREAS, SUBJECT TO ISSUANCE OF A CLASS I1 SPECIAL PERMIT AND COMPLIANCE WHITE COCONUT GROVE RIGHT-OF-WAY VENDING CART GUIDES . AND STANDARDS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Passed on its first reading, by title, at the meeting of January 26, 1999, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Teele, seconded by Vice Chairman Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT:' Commissioner Tomas Regalado 152 February 23, 1999 THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11765. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 52. APPROVE SECOND READING- ORDINANCE: AMEND SECTION 62-93 (D) CODE AS AMENDED, ENTITLED "QUORUM: PUBLIC RECORDS" -- CONCERNING THE CITY ZONING BOARD TO REMOVE THE "SHORTBOARD" LANGUAGE CONTAINED THEREIN WHICH IS NOW SUPERFLUOUS DUE TO PROVISIONS OF SECTION 2-887 OF CODE — AMEND QUORUM REQUIREMENTS TO BE CONSISTENT WITH PROVISIONS THEREOF. - APPLICANT: CITY OF MIAMI PLANNING DEPARTMENT. Chairman Plummer: Item 16 is a second reading. Ms. Lourdes Y. Slazyk (Asst. Director, Planning Department): To clean-up a... - Chairman Plummer: To amend Section 62-93 parenthesis "d." Vice Chairman Gort: Do we have pocket items? Chairman Plummer: No, no pocket items. Vice Chairman Gort: I have one. Chairman Plummer: No, no pocket items. Out of order. . Ms. Slazyk: This is to clean up the consistency between two different sections of the code. Chairman Plummer: Moved by Gort, seconded by Sanchez. Read the ordinance. Call the roll. An Ordinance entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING SECTION 62-93(d) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("City CODE") ENTITLED "QUORUM; PUBLIC RECORDS", CONCERNING THE CITY ZONING BOARD, TO REMOVE THE "SHORTBOARD" LANGUAGE CONTAINED THEREIN WHICH IS SUPERFLUOUS DUE TO THE PROVISIONS OF SECTION 2-887 OF THE CITY CODE AND TO AMEND THE QUORUM REQUIREMENTS TO BE CONSISTENT WITH THE PROVISIONS THEREOF; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 153 February 23, 1999 It Passed on its first reading, by title, at the meeting of January 26, 1999, was taken up for its second and final reading, by title, and adoption. On motion of Vice Chairman Gort. 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: Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: Commissioner Tomas Regalado THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11766. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 53. APPROVE SECOND READING ORDINANCE: AMEND ARTICLE 6, SECTION 609 OF ORDINANCE 11000 — TO PERMIT OUTDOOR PHOTOGRAPHY AS CONDITIONAL ACCESSORY USE IN SD-9 BISCAYNE BOULEVARD NORTH_ OVERLAY DISTRICT — APPLICANT: CITY OF MIAMI PLANNING DEPARTMENT. Chairman Plummer: Item 17, the last of the day is a second reading to amend Article 6 which is to permit outdoor photography as a conditional... Vice Chairman Gort: Move it. Chairman Plummer: accessory to SD-9. Commissioner Sanchez So moved. Chairman Plummer: That's my district. Vice Chairman Gort: Second Chairman Plummer: All right, moved by Sanchez, seconded by... Vice Chairman Gort: They might make you a print if they take your picture. Chairman Plummer: Read the ordinance. You guys are getting impossible. Call the roll. 154 February 23, 1999 a 10 An Ordinance entitled - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, .BY AMENDING ARTICLE 6, SECTION 609, SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT, IN ORDER TO MODIFY PROVISIONS RELATED TO CONDITIONAL ACCESSORY USES TO ADD OUTDOOR PHOTOGRAPHY AS A CONDITIONAL ACCESSORY USE TO PHOTOGRAPHERS OFFICES AND STUDIOS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. passed on its first reading, by title, at the meeting of January 26, 1999, was taken up for its second and final reading, by title, and adoption. On motion of Commissioner Sanchez, seconded by Vice Chairman Gort, the ordinance was thereupon given its second and final reading by title, and was passed and adopted by the following vote: AYES: Commissioner Joe Sanchez - Commissioner Arthur E. Teele, Jr. Commissioner Tomas Regalado Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11767. 5 4 . APPOINT STEVE KNEAPLER TO CHARTER REVIEW AND REFORM COMMITTEE. Commissioner Regalado: Mr. Chairman, I have got an appointment for the Charter Review Committee that the City Clerk told me that we have to do. Steve Kneapler. It's... Chairman Plummer: He's already on the board. Commissioner Regalado: No, no, no. It's got to be done this way. Chairman Plummer: All right. Which board? Commissioner Regalado: Charter Review Board. Chairman Plummer: Charter Review Board, Mr. Kneapler. Vice Chairman Gort: We read that. Commissioner Regalado: Huh?' 155February 23, 1999 Vice Chairman Gort: We did that one. to Commissioner Regalado: No, we amended the resolution, but we need to make the. appointment. Chairman Plummer: All right, that's fine. Commissioner Teele: [inaudible] Chairman Plummer: All those in favor say "aye." The Commission (Collectively): Aye. Chairman Plummer: Any opposition? The following resolution was introduced by Commissioner Regalado, who moved its adoption: RESOLUTION NO.99-160 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE CHARTER REVIEW AND REFORM 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 Teele, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: None. 55. APPOINT LYRA LOGAN AS TECHNICAL ADVISOR TO CHARTER REVIEW AND REFORM COMMITTEE. Commissioner Teele: Mr. Chairman, I would like to revoke Elizabeth McBride who has been named Assistant Secretary in Tallahassee and appoint Lyra Logan as a technical advisor to the Charter Review Reform Committee. Chairman Plummer: Move the name proffered. All in favor say "aye." 156 February 23, 1999 0 The Commission (Collectively): Aye. Chairman Plummer: All opposed? The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO.99-161 A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE CHARTER REVIEW AND REFORM 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: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: None. 56. WAIVE QUALIFIED ELECTOR REQUIREMENT FOR STEPHEN KNEAPLER AS MEMBER OF CHARTER REVIEW AND REFORM COMMITTEE. Commissioner Teele: Also, I would like to move for a waiver of residency on Mr. Kneapler. Chairman Plummer: So moved. Mr. Walter J. Foeman (City Clerk): The elector status. Commissioner Teele: Huh? Chairman Plummer: All in favor say "aye." The Commission (Collectively): Aye. Mr. Foeman: The elector, waive the elector requirement. Chairman Plummer: OK. 157 February 23, 1999 The following resolution was introduced by Commissioner Teele, who moved its adoption: RESOLUTION NO. 99-162 A RESOLUTION OF THE MIAMI COMMISSION WAIVING BY A FOUR -FIFTHS (4/5THS) VOTE OF THE MEMBERSHIP OF THE CITY COMMISSION, THE REQUIREMENT THAT A MEMBER OF THE CITY OF MIAMI CHARTER REVIEW AND REFORM COMMITTEE MUST BE A QUALIFIED ELECTOR OF THE CITY OF MIAMI AS IT PERTAINS TO STEPHEN J. KNEAPLER. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Regalado, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: None. 5 7. APPROVE DECLARING THAT CUBAN MUNICIPALITIES FAIR SCHEDULED FOR APRIL 8-11, 1999, AT FLAGLER DOG TRACK, IS NOT ONE OF TWO ALLOWED EVENTS PER SITE PER YEAR FOR ACTIVITIES OF THIS TYPE. Chairman Plummer: Mr. Gort. Vice Chairman Gort: You all have a copy of the Cuban Municipalities fair which takes place every year for the last twenty something years, and there is not financial or impact on the City budget, so I would like to move it for approval on April 8 to 11, 1999. Chairman Plummer: Moved by Gort, seconded by Sanchez. All in favor say "aye." The Commission (Collectively): Aye. Chairman Plummer: Any opposition? 158 February 23, 1999 1 The following resolution was introduced by Vice Chairman Gort, who moved its adoption:' RESOLUTION NO. 99-163 A RESOLUTION OF THE MIAMI CITY COMMISSION RELATED TO THE CUBAN MUNICIPALITIES FAIR TO BE CONDUCTED BY THE CUBAN MUNICIPALITIES FAIR CORPORATION ON APRIL 8-11, 1999, ON THE GROUNDS OF THE FLAGLER DOG TRACK; AUTHORIZING AND DECLARING: (1) THAT SAID FAIR SHALL NOT BE CONSIDERED AS ONE OF THE TWO TEMPORARY SPECIAL EVENTS PERMITTED PER SITE PER YEAR, PURSUANT TO SECTION 906.9 OF ORDINANCE NO. I1000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, (2) AN EXEMPTION FROM THE PROHIBITIONS AND RESTRICTIONS CONTAINED IN SECTIONS 364 (A) AND 36-5(A) OF THE CODE 'OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AS THEY RELATE TO THE LEVEL OF HOURS OF NOISE CONCERNING SAID EVENT; CONDITIONING SAID AUTHORIZATIONS HEREIN UPON THE ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT AND OBTAINING INSURANCE TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Sanchez, the resolution was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: None. 159 -February 23, 1999 P 5 8 . APPOINT SANDRA FRANKEL TO COMMUNITY RELATIONS BOARD. Commissioner Sanchez: Mr. Chairman. Chairman Plummer: Mr. Sanchez. Commissioner Sanchez: Can we name somebody here to the Community Relations Board today. or does..? Chairman Plummer: The what? Commissioner Sanchez: The Community Relations Board. Chairman Plummer: You can make an appointment on any board you want today. Commissioner Sanchez: OK, I would like to nominate, I believe it's Sandra Frankel. Chairman Plummer: All in favor of the name proffered say "aye" The Commission (Collectively): Aye. Chairman Plummer: Opposition? The following motion was introduced by ' Commissioner Sanchez, who moved its adoption: MOTION NO. 99-164 A MOTION APPOINTING SANDRA FRANKEL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD. Upon being seconded by Commissioner Regalado, the motion was passed and adopted by the following vote: AYES: Commissioner Tomas Regalado Commissioner Joe Sanchez Commissioner Arthur E. Teele, Jr. Vice Chairman Wifredo Gort Chairman J. L. Plummer, Jr. NAYS: None. ABSENT: None. 160 February 23, 1999 r 5 9 . A. COMMENTS REGARDING VICE CHAIRMAN GORT'S SCHEDULING CONFLICT 1N CONNECTION WITH APRIL 13, 1999 CITY COMMISSION MEETING. (B) COMMISSIONER TEELE CHANGES TIME OF MARCH 8, 1999 COMMUNITY REDEVELOPMENT AGENCY MEETING FROM 4:00 P.M. TO 5:00 P.M. Chairman Plummer: This Commission stands adjourned until March the 9'h. There will be... Mr. Teele. I have a problem on the 8'h, as I explained to you. Commissioner Teele: In the morning, but you will be out in the afternoon. Those are evening meetings. Chairman Plummer: But, you said about four o'clock in the afternoon. 5 - _ Commissioner Teele: Well, we can make it five. Chairman Plummer: All right. I had a problem with... I got... Vice Chairman Gort: Wait a minute, wait a minute. We have a problem with the meeting on April the 131h. I have to be in Tallahassee, and it's my understanding, Commissioner Sanchez is also going to be in Tallahassee on that day. Commissioner Sanchez: Yes, sir. Vice Chairman Gort: We need to move the April 131h meeting. Chairman Plummer: Well, let's do it at the next meeting. Vice Chairman Gort: All right. Commissioner Teele:' To the 201h. Chairman Plummer: Yeah. Commissioner Sanchez: It's also a significant day, it's my birthday. Chairman Plummer: You're just one year older. All right, Mr. Manager, you got anything? Mr. Donald H. Warshaw (City Manager): No, sir. Chairman Plummer: This Commission meeting is adjourned until March the 91h. 161 February 23, 1999 THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION. THE MEETING WAS ADJOURNED AT 5:57 P.M. ATTEST: Walter J. Foeman CITY CLERK Maria J. Argudin ASSISTANT CITY CLERK Joe Carollo MAYOR 162 February 23, 1999